PROCEEDINGS  OF  THE 

Twenty-Third^  Annual  Convention 


OF  THE 


National  Association 


OF 


Railway  Commissioners 


Digest  of  Decisions  of  the  Federal  and  State  Courts 


INTERSTATE  COMMERCE  ACT 

(AS  AMENDED) 
And  Ads  Supplementary  Thereto 


SAFETY  APPLIANCE  ACTS 
ARBITRATION  ACT,  ETC. 


Compilation  of  the   Laws    of  the  States  Pertaining  to  Railways  and 
Other  Public  Service  Corporations 


Compiled  by  HERMAN  B.  MEYERS 
PUBLISHED  BY 

TRAFFIC   SERVICE    BUREAU 

Chicago  Washington 

Under  Authority  from  The  National  Aisodation  ot  Railway  Commissioners 
Copyrighled,  1912,  by  Traffic  Sercice  Bureau 


National  Association  of  Railway  Commissioxees 


I  H  C  Two -Cylinder  Gasoline  Engines 

FOR  supplying  steady  power  un- 
der variable  loads  there  is  no 
engine  like  an  I  H  C  Victor  Two- 
Cylinder  Gasoline  Engine.  It  is 
regulated  so  closely  that  there  is 
less  than  2  per  cent  variation  in 
speed  from  no  load  to  full  load. 

This  steadiness  makes  it  an  ideal 
engine  for  running  electric  light 
stations,  for  coal  hoisting,  pumping, 
ballast  crushing,  or  for  any  others 
of  the  more  important  railroad 
operations  requiring  dependable 
isolated  power  plants,  whether 
stationary  or  portable. 

The  I  H  C  Two-Cylinder  Victor 
is  buUt  in  two  sizes,  25  and  35-H.P., 
just  right  for  most  of  the  railroad 
work  for  which  a  gasoline  engine 
is -used.     In  emergencies  the  engine  ■ 

will  develop  20  per  cent  or  more  in  excess  of  the  above  ratings.    This  engine 
is  steady,  dependable,  simple,  and  easy  to  manage. 

I  H  C  Gasoline  Engines  are  made  for  every  purpose.  The  range  of  styles 
includes  horizontal  and  vertical  engines,  air  or  water-cooled,  stationary  or 
mounted  on  skids  or  trucks  in 

ALL  SIZES —1  to  50 -H.  P. 

Superintendents  of  Motive  Power  and  Machinery  will  do  well  to  have  their 
Purchasing  Departments  secure  specifications  of  I  H  C  engines,  fitted  to  run 
with  gasoline,  kerosene,  naphtha,  distillate,  or  alcohol. 

There  is  an  I  H  C  local  dealer  in  almost  every  town  who  can  take  care 
of  a  local  emergency,  supply  repair  parts,  and  be  of  service  in  many  ways. 
Catalogues,  .specifications,  and  full  information  will  be  furnished  promptly 
on  request'  by'  the 

International  Harvester  Company  of  America 


(INCORPORATED) 


CHICAGO 


USA 


Proceedings  of  the  Twenty-Thied  Annual  Convextion 


u 


PREFACE 

INCEEASES  in  population,  concentration  of  dwellings  and  business,  and  changes  in  the  habits 
of  life  which  have  come  with  the  inlQr^ase  of  prosperity  and  spread  of  education,  make  the 

various  so-called  "public  utilities"  not  only  a  welcome  relief  from  irksome  personal  toil  and 
inconvenience,  but  a  practical  necessity  to  the  American  public. 

It  was  inevitable  in  the  development  of  these  industries  that  natural  desire  for  gain  should 
bring  on  conflict  between  the  corporations  and  those  whom  they  serve,  and  that  in  individual  in- 
stances the  differences  between  buyer  and  seller  should  be  pushed  too  far.  But  it  is  to  the' 
credit  of  the  American  people  that  a  means  has  been  devised  to  prevent  a  continuous,  widely 
distributed  struggle  based  on  surface  differences,  which  would  leave  the  fundamental  common 
interests  of  the  community  unsatisfied. 

This  is  the  plan  of  leaving  the  decision  of  points  of  disagreement  to  an  arbitrator — a  com- 
mission of  qualified  men  continuing  in  service  for  a  term  which  will  add  to  their  earlier  train- 
ing and  qualifications  the  great  advantage  of  experience  in  the  work  they  are  called  upon  to  do. 

The  creation  of  new  commissions,  with  broad  powers  over  many  classes  of  service,  brings 
a  multiplication  of  cases  and  rulings,  as  well  as  a  diversity  of  fundamental  laws.  The  meni- 
bers  of  the  various  state  commissions  and  the  Interstate  Commerce  Commission  have  formed 
an  organization,  the  National  Association  of  Railway  Commissioners,  for  the  study  of  matters 
of  common  interest  and  the  promotion  of  such  harmony  and  uniformity  in  action  as  may  be 
possible. 

The  proceedings  at  the  annual  convention  of  this  association  present  the^  thought,  on  ques- 
tions of  the  highest  public  importance,  of  a  group  of  men  to  whom  the  people  have  delegated 
great  power  over  business  representing  enormous  investment,  the  expenditure  of  vast  sums 
annually  in  extensions  and  upkeep,  the  employment  of  far  more  persons  than  any  other  class 
of  industry,  and,  finally,  a  valuable  service  to  nearly  every  person  in  the  country. 

In  the  interest  of  uniformity  and  harmony  the'  National  Association  of  Railway  Commis- 
sioners has  further  authorized  the  publication  at  Chicago  of  an  official  journal,  PUBLIC 
SERVICE  REGULATION,  which  is  the  recognized  niedium  for  conveying  the  orders,  decisions, 
and  opinions  of  the  several  commissions  to  their  co-workers  and  the  public,  as  well  as  all  the 
important  news  related  to  this  field  of  effort. 

This  volume  has  been  prepared  to  meet  the  requirements  of  the  commissions  and  those 
interested  in  their  work  for  a  convenient  and  authoritative  record  of  the  proceedings  at  their 
annual  convention  and  the  laws  under  which  cases  are  decided  in  the  several  states. 

The  public  demand  for  copies  in  advance  of  publication  indicates  that  the  executive,  operat- 
ing, legal,  engineering  and  accoimting  officials  of  corporations,  dealers  and  investors  in  cor- 
poration securities,  public  officials,  commercial  and  civic  organizations,  and  users  of  service 
alike  recognize  the  rapidly  increasing  influence  of  i^ublic  service  commissions,  and  the  importance 
of  the  work  they  are  performing. 

237311 


4  National  Association  of  Eailway  Commissioners   -  ^^|l 

NATIONAL  SURFACE  STOCK  GUARD! 

Durable  f^jj^^Bl^St  Easily  Removed 


Economical  x^>^«f«B«-««™a^*«-*««w«^  I^q^^  MaintenancG 

— f 


NATIONAL  NO.  10 

Above  cut  shows  one  of  eight  designs  we  manufacture,  either  of  steel  or  any  of  the  rust-resisting  metals  now 

on  the  market.     We  also  build  metal  or  wood  guards  to  specifications. 

Write  for  illustrated  catalog  and  prices. 

NATIONAL  SURFACE  GUARD  CO. 

Faotory:  Calumot  Park,  III*  Gen.  Offices:  Rookery,  Chicago,  llh 


The  Blakely  Printing  Co. 

426  South  Market  Street 
CHICAGO 

Publication      -       Catalog 
Railroad  and  Commercial 

PRINTERS 


Peoceedixgs  of  TiiK  TwJiXTY-TiiiRn  AxxuAL  Convention 


TABLE  OF  CONTENTS 


Advertisers,  Index  to 
Committees  for  1912 . . 


Page 

7 

21 


Digest  of  Federal  and  State  Court  Decisions 103-225 


Constitutional   Provisions 105 

Congressional    Powers 107 

Application   of   the   Act 120-179 

Section  One     120 

Section  Two     132 

Section  Three    139 

Section  Four    143 

Section  Five    144 

Section  Six    145 

Section  Seven    151 

•  Section  Eight    153 

•  Section  Nine    155 

Section  Ten    156 

Section  Eleven    158 

Section  Twelve   159 

Section  Thirteen    159 

Section  Fourteen    160 


Section  Fifteen    160 

•  Sect  ion  Sixteen    162 

Section  Seventeen    163 

Section  Eighteen   163 

Section  Nineteen  164 

Section  Twenty 164 

Section  Twenty-one    164 

Section  Twenty-two    164 

Section  Twenty-three    164 

Section  Nine  (new) 166 

Section  Ten    (new) 166 

Section  Twenty-four  166 

Immunity  of  Witnesses  Act 166 

Elkins    Act 166 

>  Safety  Appliance  Act 171 

Abritration  Act 177 

State  Regulation  179 


Interstate  Commerce  Laws 225-265 


Act  to  Regulate  Commerce 225 

Accident   Report  Act 250 

Arbitration  Act 252 

Ash  Pan  Act 257 

Boiler  Inspection  Act 259 

Commerce  Court  Act 238 

Elkins  Act 243 

Expediting  Act 245 


Forms  for  Filing  Complaints 265 

Government  Aided  Railroad  Act 245 

Hours  of  Service  Act 256 

Immunity  of  Witnesses  Act 242 

Interlocking  Act 250 

Rules  of  Practice 262 

Safety  Appliance  Act 247 

Transportation  of  Explosives  Act 258 


National  Association  of  Railway  Commissioners'  Membership 11-13 

Photographs  17-19 

Proceedings  23d  Annual  Convention 23-102 

Proceedings,  Index 9 

State  Laws  266-1490 

State  Laws,  Index 9 


N'ational  Association  of  Railway  Commissionees 


Pintsch  Light 


600  candles  light  at  a  dost  of 
6  cents  a  burning  hour  a  car 
The  most  brilliant,  economical 
and  reliable  car   illuminant 


Electric  Light 


Safety  axle  equipment  ensures 
properly  charged  batteries  and 
constant  lamp  voltage.  Service 
reliability  proved  on  1400  cars. 


Thermo  Jet  Heat 


Minimum  pipe,  minimum 
weight,  maximum  range  of 
available  radiator  temperatures 
with  minimun  attention  for  all 
classes  of  cars. 


The  Safety  Car  Heating 
6l  Li^htind  Co. 

2  Rector  Street  New  York 

Chicago,  Boston,   Montreal,  San  Francisco, 
Philadelphia,  St.  Louis,  Washington 


Proceedings  of  the  Twenty-Third  Annual  Convention  7 

INDEX  TO  ADVERTISERS 

Page 

.  V  L'xauder  Crossing  Co 14 

American  Telephone  and  Telegraph  Co 10 

Arnold  Co.,  The  .  * , 14 

Bartlett,  Frazier  &  Co \< 1491 

Big  Miiddv  Coal  and  Iron  Co 1492 

Blakely  Printing  Co 4 

Blake  Signal  and  Mfg.  Co 1504 

Byllesby  &  Co.,  H.  M 1497 

Carterville  Coal  Co 1498 

Columbia  Quarry  Co 16 

Commercial  Acetylene  Co 1493 

DeCamp  Fuel  Co". • : 1494 

Donk  Bros.  Coal  and  Coke  Co 1503 

Doylair    1495 

Elliot  Frog  &  Switch  Co 1501 

Hunt,  E.  W.,  &  Co 1497 

International  Harvester  Co 2 

Jackson,  D.  C.  &'  W.  B 22 

Jefferson  Union  Co. 1498 

Jones  Car  Door  Co 1494 

Kissack,  W 16 

Lemp  Brewing  Co.,  Wm.  J • 1500 

Lumaghi  Coal  Co 1499 

McConway  &  Torley  Co.,  The 20 

Mississippi  Valley  Fuel  Co 1506 

Missouri  &  Illinois  Coal  Co 1501 

Modoc  Soap  Co 22 

Moimt  Olive  and  Staunton  Coal  Co 1506 

National  Dump  Car  Co ' i 22 

National  Land  and  Irrigation  Journal 15 

National  Surface  Guard  Co 4 

Pettibone,  Mulliken  &  Co 1506 

Public  Service  Regulation  12 

Pyle  National  Electric  Headlight  Co 1505 

Rand,  McNally  &  Co 1494 

Rosenbaum  Bros 16 

Rosenbaum  Grain  Co.,  J 18 

Safety  Car  Heating  and  Lighting  Co 6 

Shaffer,  J.  C,  &  Co ,, 1492 

Sulzberger  &  Sons  Co 1502 

The  Traffic  Service  Bureau 15 

The  Traffic  World 8 

Union  Pacific  Railroad  Co 1496 

Union  Spring  &  Manufacturing  Co 1504 

United  States  Metal  &  Mfg.  Co 1502 

Wabash  Railroad  Co 224 

Walsh  Brake  Shoe  &  Foundry  Co 1501 

Western  Railway  Equipment  Co 1507 

Whipple  Car  Co." -.'. 1497 

Willis  Coal  and  Mining  Co 16 


National  Association  of  Railway  Cohmissionees 

YOU  WILL  GET  ALL 

OF  THE 

Decisions  of  the  Interstate  Commerce 


C 


•  • 


ommission 

/ 

PRINTED  AT  ONCE  AND  IN  FULL. 

ALSO  ALL  OF  THE 

Decisions  of  the  Commerce  Court 

AND  ALL  OF  THE 

Traffic  Decisions  of  the  Supreme  Court 

IN 

THE  TRAFFIC  WORLD 

and  the  cost  will  be  only 

$10.00  PER  YEAR 

Let  us  start  you  at  once 

The  Traffic  Service  Bureau,  Chicago 


Proceedings  of  the  Twenty-Third  Annual  Convention 


INDEX   TO    PROCEEDINGS 


Address€s: 


Page.      Reports: 


Page. 


J.    C.    Clements 23 

R.   Hudson   Burr 25 

C.   F.  Staples 101 

Announcement     25 

Attendance    24 

Communication— C.   C.   McCain 65 

Election    of    Officers ._ 60 

Reports : 

Accident    Investigations 80 

Amendments  to  Act  to  Regulate  Commerce 55 

Capitalization    85 

Car  Service  and  Demurrage 77 

Claims    ^ 94 


Duties  and  Powers  of  State  Commissions 93 

Executive    Committee 25-75-84 

Express    29 

Grade  Crossings 57 

Installation   of   Officers 101 

Intrastate  Rate  Cases 71 

Legislation    66 

Railroad  Taxes  and   Physical  Valuation 61 

Rates    and    Rate-Making M 

Safety    Appliances 79 

Simplification   of  Tariffs 64 

Statistics    and    Accounts 75 

Telephone  and   Telegraph  Rates 87 

Uniform     Classification 63 


STATE    LAWS 


Page. 

Alabama    266 

Arizona    296 

Arkansas    300 

California    310 

Colorado    332 

Connecticut     , 337 

Delaware    362 

District  of  Columbia 376 

Florida    ' 378 

Georgia   395 

Idaho   413 

Illinois 427 

Indiana   450 

Iowa    502 

Kansas    544 

Kentucky    582 

I,ouisiana    595 

Maine    611 

Maryland    638 

Massachusetts 659 

Michigan    707 

Minnesota    730 

Mississippi    754 

Missouri    , 770 

Montana   813 


Page. 

Nebraska    824 

Nevada    874 

New   Hampshire 393 

New  Jersey 909 

New  Mexico 935 

New  York 944 

North    Carolina 1005 

North  Dakota 1030 

Ohio   1057 

Oklahoma  .■ noi 

Oregon   1146 

Pennsylvania    1201 

Rhode  Island 12O6 

South  Carolina 1219 

South  Dakota 1240 

Tennessee 1262 

Texas   1277 

Utah    1317 

Vermont   1326 

Virginia    1355 

Washington    1384 

West  Virginia 1422 

Wisconsin   , 1432 

Wyoming  1434 


10  National  Association  oi-"  Uailway  (JoiiiiissiONi:i!s 

50,000  Cities, 
Towns  and  Villages 

are  reached  by  the 

Local  and  Long  Distance  Lines 

of  the 

BELL  SYSTEM 

Every   Bell  Telephone  is  the   Center   of  the  System 


LONG 

DISTANCE 
TELEPHONE 


American  Telephone  &  Telegraph  Company 
and  Associated  Companies 

ONE  SYSTEM  ONE  POLICY  UNIVERSAL  SERVICE 


Proceedings  of  the  Twenty-Third  Annual  Convention 


11 


THE 


National  Association  of  Railway  Commissioners 


OFFICERS    OF   THE    ASSOCIATION 

CHARLES    F.   STAPLES   of   Minnesota,    President. 

0.  P.  GOTHLIN  of  Ohio,  1st  Vice-President. 

H.    WARNER    HILL    of    Georgia,    2nd    Vice-President. 

WM.  H.  CONNOLLY  of  the  Interstate  Connmerce  Commission,    Washington,    D.    C,   Setretary. 

WILLIAM    KILPATRICK    of    Illinois,   Assistant   Secretary,   Springfield. 


STATE    RAILROAD    COMMISSIONS 


ALABA3IA      RAJCLROAD     COSUHSSION. 

Montgomery,   Ala. 

Chaa.    Henderson,    President. 

r«on    McGord. 

Frank    N.    Jolinn. 

8.    P.   Kennedy,    Secretary. 

Cdarar    B.    Kay,    Consulting    BnBlneer. 

J.    W.    Klrtland,    Kate    Clerk. 

AKIZONA   RAILWAY   COMMISSION. 

Phoenix,   Ariz. 

W.    P.    McNalr.    Chairman. 
Geo.    J.    Stoneman,    Attorney. 

E.  8.    Be  Pass,   Secretary. 

F.  H.   Jasper,   Rate   Clerk. 


RAILROAn  COMSnSSION  OF  OEOROIA. 

Atlanta,  Ga. 

Chas.    Murphey    Candler,    Chairman. 

George    HiUyer,    Vice    Chairman. 

Joseph   F.    Gray. 

Paul   B.    Xrammell. 

James   A.    Perry. 

Campbell   Wallace,   Secretary. 

,T.    Prince    Webster,    Rate    Export.  ' 

James   K.   Hines,   Special  Attorney. 

R/VILROAD     AND     WAREHOUSE     COJIMIS- 
SION  OF  ILLINOIS. 


RAILROAD   COMSUSSION    OF    ARELANSA8. 

Uttle   Rock,    Ark. 

R.    P.    Allen,   Chairman. 

Geo.    W.    Bellamy. 

Wm.    F.    McKnight. 

W.    E.    Floyd.    Secretary. 

O.   W.  Swain,   Rate   Expert. 

Jos.    M.    Utll,    Chief    Counsel. 

J.    U.    Harrod,    Counsel. 

RAILROAD    COMMISSION    OF    THE    STATE 
or    CALIFORNIA. 

7  Ferry  Building,  San  Francisco. 

John  M.   Eshleman,   President. 

H.   D.   Loveland. 

Alex.    Gordon. 

Max    Thelen. 

E.   O.   EdKerton. 

Chiis,  K.  I>etrick,   Secretary. 

H.    H.    Sanborn,    Rate    Expert. 

R.    A.    Thompson,    Chief    Engineer. 

L.   R.   Reynolds,    Auditor. 

RAILROAD     C03IMISSI0N     OF     COLORADO. 
Denver,   Colo. 

Aaron  P.   Anderson,    President. 

Sheridan   S.   Kendall,   Commissioner. 

Daniel  If.  Staley,  Commissioner  and  Secretary. 

John    W.    nintiiam.    Assistant    Secretary. 

CONNECTICUT— PUBLIC    UTILITIES 
COMMISSION. 
Hartford,  Conn. 

Richard   T.    HiKgins,   Chairman. 
Henry    F.   Biilines,    Clerk. 
Theo.    B.    Ford. 
John  H.   Hale. 


Springfield,   Dl. 

Orville  F.  Berry,  Chairman. 
B.   A.   Eckhart 

Jas.   A.    Willoughby. 
William    Kllpatrick,    Secretary. 
Chas.   J.   Smith,  Assistant   Secretary. 
I^ank   G.    Ewald,   Consulting  Engineer. 
Thos.    L.    Wolf,    Rate    Clerk. 

RAILROAD   COMSnSSION  OF  INDIANA. 

Indianapolis,   Ind. 

Wm.    J.    Wood,   Chairman. 

John  F.   McClnre. 

Frank  E.   Payne. 

Jos.   L.   Keiley,    Secretary. 

.M.   T.   Brady,   Clerk. 

H.    O.    Garman,    Engineer. 

IOWA     BOARD     OF     RAILROAD     COMJUS- 
SIONERS. 


RAILROAD    COMMISSION    OF    MAINE. 

Augusta,   Me. 

Elmer   P.    SpofTord,    Chairman. 

Frank   Keizer. 

.Tolin  A.  Jones. 

Geo.    F.    GIddings,    Clerk. 

KIARYLAND— PUBLIC     SERVICE     COMMIS- 
SION. 
Builders'   Exchange  Building,   Baltimore,   Hd. 

N.    K.   Corner  Charles  and   Lexington  Street*. 

Philip  D.  Laird,  Chairman. 

Joshua  W.  Hering. 

Benjamin  T.  Fendall. 

Louis  M.  Duvall,  Secretary. 

Wm.  C.  Bruce,   Gen'l   Counsel. 

A.  C.  Ritchie,    Assistant   Oen'l   Counsel. 

Chaa.  E.   Phelps,   Jr.,   Chief  Engr. 

MASSACHUSETTS    BOARD    OF    RAILROAD 

COMMISSIONERS. 

to  Beacon  Street,  Boston,  Mass. 

Fredk.    J.    Macleod,    Chairman. 

George    W.    Bishop. 

riinton    White. 

Charles  E.  Mann.  Clerk. 

George    F.    Swain.    Consultinc    Bnglnear 


Des   Moines,   Iowa. 

N.   S.   Ketchum,   Chairman. 

D.  J.   Palmer. 
Clifford   Thome. 

George  L.   McCaughan,   Secretary. 
W.    H.    Henry,    Clerk. 
A.    D.    Beals,    Rate    Clerk. 
J.    H.    Henderson,    Commerce   Counsel. 
Dwight   N.    Lewis,    Assistant    Commerce   Coun- 
sel. 

KANSAS    PUBLIC    UTILITIES   COMUHSSION. 

Topeka,   Kan. 

George    Plumb,    Chairman. 
Frank    J.    Kyan. 
John    T.    White. 

E.  H.    Hogueland,    Secretary. 
John  Marshall,    Attorney. 

KENTUCKY  RAILROAD  COMMISSION. 
Frankfort.    Ky. 


RAILROAD      COMMISSIONERS      FOR 
STATE    OF    FLORIDA. 
Tallahassee,  Fla. 

B.   Hudson    Burr,    Chairman. 

N.    A.    Blltrh. 

Royal  C.  Dunn. 

J.    Will    Yon.    Secretary. 

F.   M.   Hudson,   Counsel. 

F.   P.  Damon.   Inspecting  Engineer. 

J.   H.  Tench,   Rate   Expert. 


L.  B.  Finn.  Chairman. 
Wm.    F.   Klair. 
H.   G.  Garrett. 
THE  W.    J.    J.    Preuss,    Rate    Clerk. 
R.  Tobin,  Secretary. 

RAILROAD    COMMISSION    OF    LOUISIANA. 

Baton  Rouge,   La. 

J.    J.    Meredith,    Chairman. 
Henry  B.  Sclirelber. 
Shelby    Taylor. 

Henry   Jastremski,    Secretary. 
W.    M.    Barrow.    Counsel. 


MICHIGAN  RAILROAD   COMMISSION. 

Lansing,  Mich. 

Cassiua  L.   Glasgow,   Chairman. 

George    W.    Dickinson. 

I.awton   T.   Hemans. 

Wiliard   N.    Sweeney,   Secretary. 

James   Bice,    Inspecting   Engineer. 

R.  R.  Darwin,  Chief  Rate  Inspector. 

SHNNESOTA— RAILROAD     AND     WARE- 
HOUSE  COMMISSIONERS. 
St.  Paul,  Minn. 

Ira    B.    Mills,    Chairman. 

Chas.   F.   Staples. 

Chas.   E.  Eimguist. 

A.   C.    Clausen.    Secretary. 

Thomas   Yapp.    Assistant    Secretary. 

A.   L.    Flynn,    Rate    Clerk. 

D.   F.    Jurgensen,    Engineer. 

Geo.    T.    Simpson,    Counsel. 

MISSISSIPPI    RAILROAD    COMMISSION. 

Jackson,  Miss. 

F.  M.  Sheppard. 

G.  R.    Edwards. 
W.   B.    Wilson. 

tUSSOURI— RAILROAD   AND    WAKB- 

IIOUSE  CO.MinSSION. 

Jefferson  City,  Mo. 

F.    A.    Wightman,    Chairman. 

H.  R.  Oglesby. 

John  A.  Knott. 

T.    M.    Bradbury,    Secretary. 

O.  M.  Steers.   Rate   Clerk. 


■^^  National  Association  of  Kailway  Commissionees 


A  CONTINUATION  OF  THE 
LINE  OF  WORK 

Embraced  in   This  Volume 

Has  Been  Arranged  for 
Through  the  Medium  of 

Public  Service  Regulation 

The   Official   Journal   of 

The  National  Association  of 
Railway  Commissioners 

Beginning  with  January,  1912 

SUBSCRIPTION    PRICE,  $3.00  PER  YEAR 

THE  TRAFFIC   SERVICE  BUREAU 

PUBLISHERS 
30  S.  Market  St.  Colorado  Bldg. 

CHICAGO  WASHINGTON 


Proceedixgs  of  the  Twexty-Third  Annual  Coxvextion 


13 


STATE  RAILROAD  COMMISSIONS— Continued 


RAILROAD     COMMISSION     OF     MONTANA. 

Helena,    Mont. 
B.    T.    Stanton,    Chairman. 
K.   A.   Morley. 
Dan.  Boyle. 

R.     F.     McLaren.    Secretary. 
O.   W.   Tongr,   Rate  Clerk. 

NEBRASKA    STATE    RAILWAY    COM- 
MISSION. 
Capitol  Bnlldingr,  Lincoln,  Neb. 
H.    J.    Winnett,    Chairman. 
H.   T.    Clarke,   Jr. 
Thomas    L.    Hall. 
Clark  FerkbM,  Secretary. 
IT.   G.   Powell,   Rate  Clerk. 
B.    C.    Hurd.    Engineer. 
L.    E.    Wettling,   Accountant. 

NEVADA. 

Carson    City,    Nev. 
n.   F.   Bartlne,   Chairman. 
W.    H.    Simmons. 
J.   F.  Shanshnessy. 
£.    II.    Walker,     Secretary. 
W.   K.   Fraudenliergcr,   Chief   Engineer. 

NEW     HAMPSHIRE     PUBLIC     SERVICE 
COMMISSION. 

Concord,  N.  II. 
Edward   C.    Nllee,    Chairman. 
Thomas   W.   D.   Worthen. 
John    E.    Benton,    Clerk. 
Jno.   W.    Storrs,   Chief   Inspector. 
F.    E.    Webster,    Assistant   Clerk. 
Robt.    Kantoul,    Rate    Bxpert. 

BOARD     OF     PUBLIC     UTILITY     COMMIS- 
SIONERS FOR  THE   STATE   OF  NEW 
JERSEY. 

Trenton,  N.  J. 
Thomas  J.  HUIery. 
W.    M.    Daniels. 
Robert    Williams. 
Alfred  N.    BaTb«r,    Secretary. 
Frank   H.   Sommer,    Counsel. 

NEW    YORK. 

New  York  Public  Service  Commissions. 
First   District — (Greater   New   York.) 
New   York,   N.    Y. 
William  B.  Wtllcox,  Chairman. 
Geo.   V.    S.   Williams. 
J.   Serjeant  Cram. 
Milo  R.  Maltble. 
John  E.  Eostis. 
Geo.    S.    Coleman,   Counsel. 
T.  H.  Whitney,  Secretary. 
James   B.    Walker,    Assistant   Secretary. 

Second  District— (All  of  State  ontslde  Greater 
New  York. 
Albany,  N.   Y. 
Frank    W.    Stevens,   Chairman. 
Slartln  S.  Decker. 
James  E.  Sagne. 
John  B.  Olmsted. 
W.  A.  Hnppnch. 
J.   S.  Kennedy,   Secretary. 
L.  P.  Hale,  Counsel. 
W.  E.  GrIgKs,  Chief  of  Tariff  Bureau. 


NORTH    CAROLINA    CORPORATION     COM- 
MISSION. 
Raleigh,  N.   C. 
Franklin  McNeill,  Chairman. 
Henry   C.   Brown. 
WUliam    T.    Lee. 
A.   J.    Maxwell.    Secretary. 


NORTH 


DAKOTA— COMMISSIONERS       OF 
RAILROADS. 
Bismarck,  N.  D. 
W.  H.  Stutsman,  President. 
O.    P.   N.    Anderson. 
W.  H.  Mann. 
Thomas  Hall,   Secretary. 

PUBLIC    SERVICE    COMAHSSION    OF    OHIO. 

Offices — New    First    National    Bank    Bulldlne. 

Columbus.  O. 

O.    P.   Gothlln,   Chairman. 

J.    C.    Sullivan. 

O.   H.   HuKbes. 

C.   A.    RadcIilTe,    Secretary. 

Geo.  J.  Nicholson,   Tariff  Expert. 

CORPORATION    COMMISSION    OF 
OKLAHOMA. 
Oklahoma  City,  Okla. 
J.   E.   Love,   Chairman. 
A.   P.    Watson. 
Geo.    A.    Henshaw. 
E.   C.   Patton,   Secretary. 
J.   M.   Lee,    Engineer. 
C.  B.   Bee,  Rate   Expert. 

RAILROAD   COMSnSSION    OF    OREGON. 
Salem,   Ore. 
Clyde  B.  Aitchison,  Chairman. 
Thomas  K.  Campbell. 
Frank   J.    MUler. 
H.    H.    Corey,    Secretary. 
T.  C.  Darles,  Statistician. 
W.  C.  Earle,  Engineer. 
W.    M.   Wells,  Assistant   Engineer. 

PENNSYLVANIA    STATE    RAII,ROAD    COM- 

snssioN. 

Harrlsburg,    Pa. 
Nathaniel    Ewinr,    Chairman. 
.Milton   J.    Brecht. 
WUllam   H.    Allen,    Attorney. 
John    P.   Dohoney,   Marshal, 
Archibald  B.  Miliar,  Secretary. 

RHODE    ISLAND    RAILROAD    COM- 
MISSION. 
Room  121  State  House,  Providence,  R.  I. 


SOUTH  DAKOTA— RAILROAD   COMMIS- 
SION. 
Pierce,   S.  D. 

George  Rice,   Chairman. 

F.  C.  Robinson,  Vice-Chairman. 

W.   G.   Smith. 

P.    W.    Donsherty,    Counsel. 

T.  E.  Casslll,  Secretary. 

E.  F.  Swartz,  Statistician. 


TENNESSEE     RAILROAD     COMMISSION. 

Nashville,  Tenn. 

B.  A.  Enloe,  Chairman. 

H.   H.   Hannah. 

Frank    Avent. 

Miss    Willie   Fields.    Secretary. 


RAILROAD  COM>nSSION  OF  TEXAS. 

Austin,    Tex. 

Allison  Mayfleld,  Chairman. 

William   D.    Williams. 

John  L.  Wortham. 

E.    R.    McLean,    Secretary. 

R.    I>.    Parker,    Engineer. 

W.  E.  FItzGerald,  Expert  Acct. 

O.    D.    Hudnall,    Rate    Clerk. 


VERMONT— PUBLIC    SERVICE   COM- 

snssiON. 

(P.   O.   Newport,   Vt.) 

John    W.    Redmond.    Chairman. 
S.    Holllster    Jackson. 
William    Warner. 
Rufus  W.  Spear,  Clerk. 


J.    P.    Burlinicame,    Commissioner. 
David  J.    White,    Deputy. 

SOUTH  CAROLINA   RAILROAD   COM- 
MISSION. 
Columbia,    S.    O. 
n.    McD.    Hampton,    Chairman. 
B.   L.  Caughman, 
John  O.  Richards,  Jr. 
J.    P.    Darby,    Secretary. 


STATE    CORPORATION    COMMISSION— 
VTROINIA. 

Richmond,  Va. 

Robert  R.   Prentls,   Chairman. 

Wm.    F.    Rhea. 

J.    Richard    Win«rf)eld. 

R.    T.    Wilson,    Secretary. 

RAILROAD    COMMISSION    OF    WASHING- 
TON. 
Olympla,  Wash. 

Geo.  A.  Lee,   Chairman. 

Jesse  S.  Jones. 

Harry   E.    Wilson. 

F.    M.    Lamed,    Secretary. 

O.  O.  Culderliead,  Statistician. 


RAILROAD    COMMISSION    OF    WISCONSIN. 

Madison,  Wis. 

John  11.    Roemer,   Chairman. 

Hnlford    Krickson. 

David   Hnrlowe. 

J.   M.   WInterbotham,  Secretary. 


INTERSTATE   COMMERCE   COMMISSION 


Charles    A.    Proaty,    of    Vermont,    Chairman. 
Judson    C.    Clements,    of    Georgia. 
Franklin   L,.    Lane,    of    California. 
KdlKar     £.     Clark,     of     Iowa. 


James    S.    Harlan,    of    Illinois. 
Charles    C.    McChord,      f   Kentucky. 
Balthazar  H.   Meyer,  of  Wisconsin. 
John  H.   Marble,   Secretary. 


William   II.   Connolly,   Chief  Clerk. 

J.   M.   Jones.   Chief   of   Bureau  of  Tariffs. 

Charles  A.  Lutz,   Chief  Examiner. 

W.   J.    Meyers.    Statistician. 


BOARD  OF  RAILWAY  COMMISSIONERS  FOR  CANADA 

OTTAWA,  ONTARIO 


Hon.  J.  P.  Mabee,  Chief  Commissioner.  James  Mills,  Coipmissioner. 

D'Arcy  Scott,   Assistant   Chief   Commissioner.     S.  J.   McLean,   Commissioner. 
Hon.    M.    E.    Bemier,    Deputy    Chief    Commls-  A.    D.    Cartwrlght,    Secretary, 
sioner.  G.   A.   Mountain,  Chief  Engineer. 


Jas.   Hardwell,   Chief  Traffic   Ofllcer. 
A.  G.  Blair,  Law  Clerk. 
E.   A.  Primeau,  Assistant  Secretary. 
A.  J.  Nixon,  Chief  Operating  Officer. 


AFFILIATED   ASSOCIATIONS 


ASSOCIATION    OF   AMERICAN    RAILWAY   ACCOUNTNG    OFFICERS. 

AMERICAN     STREET    AND    INTERURBAN     RAILWAY   ACCOUNTANTS'   ASSOCIATION. 

DEPARTMENT   OF   INTERNAL   AFFAIRS  OF  THE   BUREAU    OF    RAILWAYS. 


14 


National  Associatiox  of  Kailway  CoMiiissioxEEs 


The  Arnold  Company 

ENGINEERS-  CONSTRUCTORS 
ELECTRICAL—  CIVIL  -  MECHANICAL 
105   SOUTH   LA  SALLE    STREET 
CHICAGO 

REPORTS.  DESIGN  AND  CONSTRUCTION 

Complete  Railway  Shop  and  Terminal  Properties 

OUR  EXPERIENCE  COVERS  THIRTY  PLANTS 


The    Alexander   Continuous   Rail   Crossing 


Being  successfully  operated  on  I.  C.  R.  R.  and  C,  C,  C.  &  St.  L.  Ry.  at  Chana- 

paign,  111.,  under  the  heaviest  of  traffic. 
In  service  since  July  3,  1  909.     2  %  years,    hio  Delays.    No  Cost  of  Maintenance. 
It  is  universally  accepted  by  mechanical  experts  and  practical  railroad  men  that  // 
is  the  only  absolutely  safe  Railroad  Crossing  for  the  passage  of  high-speed  trams. 

For  Further  Information  Address 

Alexander  Crossing  Company,  Clinton,  Illinois 


Proceedings  of  the  Twexty-Tiiird  Annual  Convention 


National  Land  and  Irrigation  Journal 

THE   BEST   IN    ITS    LINE 

'T^HE  recognized  publication  of  the  land  and  irrigation  industry;  covers  every  phase  of  the 
-*■       great  subjects  of  irrigation,  land  reclamation  and  development. 

The  most  elaborate,  complete  and  artistic  magazine  of  its  kind  published.  Each  issue 
contains  sj>ecial  articles  by  recognized  authorities.  These  special  articles  are  devoted  to  irri- 
gation, drainage,  pumping,  and  other  subjects  of  interest.  The  Journal  is  always  beauti- 
fully illustrated,  consisting  of  forty  pages  with  cover  design  in  colors.  Its  wonderful  success  is 
something  unprecedented  in  the  history  of  special  publications,  and  it  is  invaluable  to  the 
farmer,  engineer  or  investor. 

Subscription  Price,  $1.00  Per  Year 

National  Land  and  Irrigation  Journal 

30   S.   MARKET   ST.,   CHICAGO 


IF   YOU   WANT 

Rate  Compilations  or  Comparisons, 
Copies  of  Tariffs,  Complaints,  Orders,  Etc., 
Transcripts  or  Verbatim  Reports  of 
Hearings  and  Arguments,  or  Any  Other 

Special  Service 
in 

WASHINGTON 

Write 

THE  TRAFFIC  SERVICE  BUREAU 

Colorado  Bld^.  ^  30 So.  Market  St. 

WASHINGTON  CHICAGO 


16 


NaTIOX.M.    ASSOCJATION     OF    IJaILWAY    C'oilMISi^lO.NEUS 


Willis  Coal  &  Mining 
Company 


Mines  at 
Sparta,  Percy  and  Willisville,  111. 


Main  Office 

710  Fullerton  Building,  St.  Louis,  Mo. 


Columbia  Quarry 
Company 


Quarries  at 
Columbia,    111. 


Main  Office 

710  Fullerton  Building,  St.  Louis,  Mo. 


WILLIAM  KISSACK 

PAVING   CONTRACTOR 

ROADS  AND  Streets 


TEAM    TRACKS,    SUBWAYS,  ETC.; 

also    WATERPROOFING   and 

CONCRETE   WORK 


CHAMBER  OF  COMMERCE  BLDC. 

CHICAGO 


ROSENBAUM 
BROTHERS 


INCORPORATED 


Grain  Merchants 


77   Board  of  Trade 
CHICAGO 


Pkocekdings  of  the  Twenty-Third  Annual  Convention 


17 


Charles  F.   Staples,   Minnesota, 
President. 


Wm.   H.    Connolly,   Interstate   Com.    Com., 
Secretary. 


Ofbcers 

of  the 

National  Association 

of 

Railway  Commissioners 


William  Kllpatrick.  Illinoi! 
Assistant  Secretary. 


O.    P.    Gothlin,    Ohio, 
Vice-President. 


18  National  Association  or  Kailway  Commissioners 


3.  SoBmteum  (&vmn  QI0 


(INCORPORATED) 


in  Merchants 


Chicago,  111.  Fort  Worth,  Texas 

Kansas  City,  Mo.  Sioux  City,  Iowa 


Proceedings  of  the  Twenty-Third  Annual  Convention 


Id 


Laurence  B.    Finn,   Kentucky, 
Chairman  Executive  Committee. 


Members 

of  the 
Executive  Committee 


Robert    R.    Prentis,    Virginia, 
Member    Executive    Committee. 


Martin  S.  Decker,  New  Yorl;, 
Member    Executive    Committee. 


William    J.    Wood,    Indiana, 
Member    Executive    Committee. 


so  National  Association  of  Railway  Commissioners 


Mc  Conway  C?  Torley 

Company 

Pittsburgh.     Pa. 


Original  Manufacturers  of  the 

M.  C.  B.  COUPLER 

Sole  Manufacturers  of  the 

Janney,  Janney  X,  Kelso  and  Pitt 

Couplers 

For  Freight  C^rs  and  Locomotives 

Janney  Radial  Coupler  for  Electric  Interurban  Cars 

BUHOUP 

3-Stem  Couplers  for  Passenger  Equipment 

Steel  Castings  for  Railway  and  Car  Work 


J'liUCJiEDINGS    OF    THE    TwENTY-ThIBD    ANNUAL    CONVENTION 


31 


COMMITTEES   FOR    1912 


Committees  for  the  Convention  to  Be  Held  in 
Washington,    D.  C,  November  19,  1912 

President  Staples  has  named  committees  to  serve 
during  1912  as  follows: 

In  announcing  the  committees  named  i  to  report  to 
-he  twenty-fourth  annual  convention  of  our  association, 
the  importance  of  earnest  co-operation  between  all  mem- 
bers of  committees  and  the  chairman  is  urged.  The 
chairman  has  the  right  to  expect  every  member  of  his 
committee  to  do  his  full  share  of  the  work.  The  presi- 
dent will  frequently  communicate  with  committee  chair- 
men to  learn  what  progress  is  being  made,  and,  In  this 
connection,  the  several  chairmen  are  requested  to  mail 
to  the  president  a  copy  of  each  general  letter  written 
co  committee  members. 

CONSTITUTIONAL    COMMITTEES. 
No.  1.     Executive. 
Finn.  Laurence   B.,  commissioner  of  Kentucl<y,   cJiairman. 
Gotlilin,  O.  P.,  commissioner  of  Oliio. 
Wood,   W.   J.,    commissioner   of   Indiana. 
Prentls,  Robert  R.,  commissioner  of  Virginia. 
Decker,  Martin  S.,  commissioner  of  New  Yorlt   (second  dis- 
trict). 

Ex-Officio   Members. 
Connolly,   Wm.    H.,    clerk   of   I.    C.    C,   Washington,    D.    C 
secretary. 

Staples,   C.   F.,   commissioner  of  Minnesota,  president. 

No.  2.     Car  Service,   Demurrage  and   Reciprocal   Demurrage. 
Wingfield,   J.   Richard,   commissioner  of  Virginia,   chairman. 
Spofford,  Elmer  P.,  commissioner  of  Maine. 
Williams,    William    D.,    commissioner   of   Texas. 
Morlcy,  E.  A.,   commissioner  of  Montana. 
Loveland,   H.   D.,   commissioner  of   California. 
Eckart,  Bernard  A.,  commissioner  of  Illinois. 
Gothiin,  O.   P..   commissioner  of  Ohio. 

No.   3.      Delays   Attendant    Upon    Enforcing    Orders   of    Railway 
Commissions. 
Burr,  R.  Hudson,  commissioner  of  Florida,  chairman. 
Jones,  Jesse  S.,  commissioner  of  Washington. 
Lee.  W.  T.,  commissioner  of  North  Carolina. 
Thelan,   Max,    attorney   of   California. 
Campbell,  Thomas  K.,   commissioner  of  Oregon. 
Love,   J.   E.,   commissioner  of  Oklahoma. 
Warner,  William  R.,  commissioner  of  Vermont. 
No.  4.     Grade   Crossings  and   Trespassing   on    Railroads. 
Jones,   John  A.,  commissioner  of  Maine,   chairman. 
Rhe,     William  F.,  commissioner  of  Virginia. 
Sullivan,  J.  C.,  commissioner  of  Ohio. 
Ketchum,  N.  S.,   commissioner  of  Iowa. 
Jackson,  S.  Hollister,   commissioner  of  Vermont. 
Gordon,  Alex,  commissioner  of  California. 
Daniels,  Wlnthrop  Moore,  commissioner  of  New  Jersey. 

No.   5.     Legislation, 
Mills,  Ira  B.,  commissioner  of  Minnesota,  chairman. 
McNeill,  Franklin,  commissioner  of  North  Carolina. 
MacLeod,  Frederick  J.,  commissioner  of  Massachusetts. 
Clarke,  Henry  T.,  Jr.,  commissioner  of  Nebraska. 
Hemans,   Lawton  T.,  commissioner  of  Michigan. 
Eustis,  John  E.,  commissioner  of  New'York   (first  district). 
Mann,   Chas.  N.,  commissioner  of  Pennsylvania. 

No.  6.     Railroad  Taxes  and  Plans  for  Ascertaining   Fair 

Valuation    of    Railroad    Property. 
Thorpe,  Clifford,  commissioner  of  Iowa,  chairman. 
Maltby,  Milo  R.,  commissioner  of  New  York   (first  district). 
Shaughnessy,   J.   F.,   commissioner  of  Nevada. 
Lawrence,  J.  C,  commissioner  of  Washington. 
Dunn,  Royal  C,   commissioner  of  Florida. 
Lane,   Franklin  K.,  commissioner  of  I.   C.   C. 
Dougherty.  P.  W.,  attorney  of  South  Dakota  commission. 

No.   7.     Rates   and    Rate- Making. 
Wood,  Wm.  J.,  commissioner  of  Indiana,  chairman. 
Ambler,  James  M.,   commissioner   of  Maryland. 
Redmond,  John  W.,  commissioner  of  Vermont. 
Walker,   E.  H.,   commissioner  of  Nevada. 
Hogueland,  E.  H.,  secretary  of  Kansas  commission. 
Gray,  Jos.  F.,   commissioner  of  Georgia. 
Eshieman,  John  M.,  commissioner  of  California. 

No.  8.     Railway  Capitalization. 
Hughes,   O.    H.,    commissioner  of  Ohio,   chairman. 
Clements,   Judson  C,  I.   C.   C. 

Edwards,   George   R.,    commissioner  of  Mississippi. 
Slier,  A.  T.,  commissioner  of  Kentucky. 
Burllngame,   Joseph,   commissioner  of  Rhode  Island. 


Stevens,  Frank  W.,  commissioner  of  New  York  (second 
district). 

Rice,  George,  commissioner  of  South  Dakota. 

No.   9.     Statistics   and    Accounts. 

Meyer,  B.  H.,  Interstate  commerce  commissioner,  Washing- 
ton, D.  C,  chairman. 

Erickson,   Halford,    commissioner   of   Wisconsin. 

Calderhead,   O.   O.,  statistician  of  Washington   commission. 

Wettling,  L.  G.,  statistician  of  Nebraska  commission. 

Sturgis,  C.  I.,  Association  of  Railway  Accounting  Officers 
of  Chicago,  111. 

Radcliffe,   C.   A.,   secretary  railroad   commission  of   Ohio. 

Yapp,  Thos..  assistant  secretary  of  Minnesota  Railroad  Com- 
mission. 

No.    10.      Safety    Appliances. 

Kllpatrick,  Wm.,  secretary  of  Illinois  Railroad  Commission, 
chairman. 

Palmer,  D.  J.,  commissioner  of  Iowa. 

Boyle,  D.,  commissioner  of  Montana. 

Dickinson,  George  W.,   commissioner  of  Michigan. 

Meredith,   J.    J. ..commissioner  of   Louisiana. 

Payne.  Franke  E.,  commissioner  of  Indiana. 

Jurgensen,  D.  F.,  engineer.  Railroad  Commission  of  Minne- 
sota. 

No.    11.      Telephone    and    Telegraph    Rates    and    Service. 

Winnett,  H.  J.,   commissioner   of   Nebraska,   chairman. 
De  Pass,   E.    S.,   commissioner  of  Arizona. 
Robinson,    P.   C,   commissioner  of   South   Dakota. 
Stutsman,  W.  H.,   commissioner  of  North  Dakota. 
Watson,   A.   P.,   commissioner  of   Oklahoma. 
Worthen,  Thomas  W.  D.,  commissioner  of  New  Hampshire. 
Willcox,   William  R.,  commissioner  of  New  York   'first  dis- 
trict). 

No.  12.     Uniform  Classification  and  Simplification  of  Tariffs. 

Lewis,  Dwight  N.,  secretary  Iowa  commission,  chairman. 

Clark,   Edgar  E.,   I.   C.   C. 

Oglesby,    H.   R.,   commissioner  of  Missouri. 

Benton,  John  E.,  commissioner  of  New  Hampshire. 

Hale,  John  H.,  commissioner  of  Connecticut. 

Wilson,   W.  B.,  commissioner  of  Mississippi. 

Richards,  John  G.,  Jr.,  commissioner  of  South  Carolina. 

SPECIAL  COMMITTETES. 

No.  13.     Accounts  and  Statistics  of  Electric  Railways. 

McCiure,  John  F.,   commissioner  of  Indiana,   chairman. 

Bishop,    George    W.,    commissioner   of   Massachusetts. 

Giddlngs,   George  F.,   clerk  of  Maine  Railroad  Commission. 

Wllloughby,  James   A.,   commissioner  of  Illinois. 

Weber,  A  F.,  statistician.  New  York  commission  (first 
district).  .    .. 

Sague,  James  E.,  commissioner  of  New  York  (second  dis- 
trict). 

Ewing,    Nathaniel,    commissioner    of    Pennsylvania. 

No.    14.     Amendment  of   Act  to    Regulate   Commerce. 
McChord,   C.    C,   Interstate  commerce  commissioner,  Wash- 
ington,  D.  C,  chairman. 

Bartlne,   H.  F.,   commissioner  of  Nevada. 

Blltch,  N.  A.,   commissioner  of  Florida. 

Prentls,   Robert  C,  commissioner  of  Virginia. 

Henderson,   Charles,  commissioner  of  Alabama. 

Henderson,  J.  H.,  commissioner  of  Iowa. 

Nlles,   Edward   C,  commissioner  of  New  Hampshire. 

No.    15.     Express  Service   and    Express    Rates. 

IJecker,  Martin  S.,  commissioner  of  New  York  (second  dis- 
trict), chairman. 

nnn,  Laurence  B.,  commissioner  of  Kentucky. 
Prouty,   Charles  A.,   I.   C.   C. 

Erickson,   Halford,    commissioner   of  Wisconsin. 
Berry,  Orville  F.,    commissioner  of  Illinois. 
Candler,  Charles  M.,  commissioner  of  Georgia. 
Elmquist,   Charles  E.,  commissioner  of  Minnesota. 

No.   16.     Powers,    Duties   and   Work   of   State    Railway 
commissions. 

Smith,  W.   C,  commissioner  of  South  Dakota,   chairman. 
Caughman,  B.  L.,  commissioner  of  South  Carolina. 
Roemer,   John  H..   commissioner  of  Wisconsin. 
Mayfield,  Allison,  commissioner  of  Texas. 
Plumb,   George,   commissioner  of  Kansas. 
McKnlght,  W.   F.,  commissioner  of  Arkansas. 
Williams,  Robert,  commissioner  of  New  Jersey. 

No.  17.     Railway  Service  and   Railway  Accommodations. 
Aitchison,   Clyde  B.,  commissioner  of  Oregon,  chairman. 
Huppuch    Winfield   A.,   commissioner   of  New   York    (second 
district). 

Allen,  R.   P.,  commissioner  of  Arkansas. 
Staley,   Daniel  H.,    commis.'Jioner  of  Colorado. 
Julian,  Frank  N.,  commissioner  of  Alabama. 
Taylor,    Shelby,    commissioner   of   Louisiana. 
Hering,  J.  W.,   commissioner  of  Maryland. 

No.  18.     Shippers'  Claims. 

Glasgow,  Cassius  L.,  commissioner  of  Michigan,  chairman. 
Simmons,   W.    H.,   commissioner  of   Nevada. 
Higgins,  Richard  T..  commissioner  of  Connecticut. 
Anderson,   .4aron   P.,    commissioner  of  Colorado. 
Anderson,  O.  P.  N.,  commissioner  of  North  Dakota. 
Hillyer,   George,   commissioner  of  Georgia. 
Knott,  Jno.  A.,  commissioner  of  Missouri. 


22 


National  Association  of  Eailway  Commissioners 


D.  C.  &  WM  B.  JACKSON 
ENGINEERS 

Railway,  Electric  Lighting, 

Power  and  Allied 

Properties 

EXAMINATIONS    AND     REPORTS 

FINANCIAL   INVESTIGATIONS 
AND     RATE     ADJUSTMENTS 

PLANS,    SPECIFICATIONS, 
SUPERVISION    OF  CONSTRUCTION 

GENERAL      SUPERINTENDENCE 
AND  MANAGEMENT 


CHICAGO 

HARRIS  TRUST  BLDG. 


BOSTON 

34  STATE  STREET 


c  L  e:  A  N  e:r 


AND: 


RENOVATOR 


F-OR    XME 


CAR,    LOCOIN/IOXIVE 
AND  SIGNAL  BLADE 

THE  MODOC  SOAP  CO. 

228    N.    FOURTH    STREET 

f>mii_ade:i_f»mia,    f>a.,    u.    s.   a. 


National 


Dump  Car 


Company 


Manufacturers  of 


AUTOMATIC  DUMPING 

GONDOLA 
STOCK  AND  BOX 


CARS 


RAILWAY  EXCHANGE 


CHICAGO,  ILL. 


Specifications  and  Estimates  Furnished  Promptly 


Proceedings  of  the  Twenty-Third  Annual  Convention     ;   ;  ;',j  ;  .'i'd 

PROCEEDINGS  CA):.ii' vRNi/ 

OF  THE 

TWENTY=THIRD    ANNUAL    CONVENTION 

'  OF  THE 

National  Association  of  Railway  Commissioners 

HELD  AT 

Washington,  D.  C,  Oct  10-13,  1911 


Rooms  of  the  Interstate  Commerce  Commission. 

Washington,  D.  C,  October  JO,  1911. 

The  convention  met  at  11  o'clock  a.  m.,  being  called  to 
order  by  the  president,  R.  Hudson  Burr,  of  Florida,  with 
William  H.  Connolly  as  secretary. 

The  President.  The  hour  has  arrived  for  the  Twenty- 
third  Annual  Convention  of  the  National  Association  of 
Railway  Commissioners  to  come  to  order.  We  will  be 
favored  by  some  welcome  remarlis  by  Judge  Clements, 
chairman  of  the  Interstate  Commerce  Commission. 

ADDRESS    OF    WELCOME. 

Mr.  Clements,  of  the  Interstate  Commerce  Commission. 
I  take  pleasure  in  uttering  wliat  I  know  to  be  the  senti- 
ment of  the  Interstate  Commerce  Commission,  and  that 
is  a  very  hearty  and  whole-souled  and  continuing  welcome 
to  this  convention  and  its  members  to  these  quarters  for 
the  transaction  of  such  business  as  may  come  before  the 
association  in  its  conferences. 

This  is  the  twenty-third  annual  convention  of  this  as- 
sociation. It  is  n6t  on  trial  as  an  experimental  organ- 
ization any  longer.  It  would  be  useless  for  me  to  repeat 
what  all  know,  and  that  is  that  the  conferences  and  ses- 
sions of  this  convention,  and  the  recommendations  of  the 
association  and  the  co-operation  between  the  Interstate 
Commerce  Commission  and  the  State  commissions  and  be- 
tween the  State  commissions  themselves,  have  been  of  the 
utmost  value  to  all  of  us,  and  to  all  who  are  engaged  in 
this  most  important  work  of  railway  regulation. 

There  was  a  time  within  my  recollection  when  the  at- 
tendance at  the  meetings  of  this  association  was  meager, 
because  the  commissions  were  sparse.  Probably  not  half 
the  States  in  the  Union  had  commissions  when  this  as- 
sociation was  organized.  Some  of  them  had  what  were 
then  called,  for  want  of  a  better  name,  weak  commissions — 
that  is,  commissions  with  not  much  more  than  advisory 
powers  and  practically  without  any  real  power  at  all.  There 
was  still  a  contest  throughout  the  country  as  to  the  funda- 
mental right  of  railway  regulation  or  the  regulation  of  cor- 
porations engaged  in  a  public  service  other  than  that  of 
transportation.  It  seems  clear  now  that  the  period  of 
debate  over  that  question  as  to  the  constitutional  author- 
ity to  regulate  public-service  corporations  has  passed,  and, 
to  use  the  expression  of  the  older  lawyers,  when  I  was  a 
young  one,  that  is  settled  law — that  is,  the  principle  is 
settled.  By  common  consent  of  the  people  of  this  country 
and  the  courts,  the  principle  is  conceded  and  it  is  accepted 
of  necessity  by  the  interests  to  be  regulated  that  there  is 
constitutional  authority  for  reasonable  regulation,  and  that 
there  is,  in  addition  to  the  authority  for  it,  necessity  for  It. 

There  is  a  better  recognition  in  late  years  of  the  clear 
distinction  between  meddling  with  private  investments  in  a 
private  enterprise  and  regulating  a  public-service  corpora- 
tion which  is  affected  by  the  public  interest.  When  a  cor- 
poration takes  the  place  of  the  State  in  any  matter,  It 
takes  it  subject  to  the  obligations  that  State  would  recog- 
nize as  to  fairness  and  equality,  nondiscrimination  in  treat- 
ment, and  reasonable  rates.    There  is  a  clear  distinction  In 


principle  between  that  kind  of  regulation  and  that  which 
would  undertake  to  regulate  the  private  business  of  a 
private  investment  in  a  concern, not  engaged  in  a  service 
public  in  its  nature. 

It  seems  unnecessary  any  longer  to  urge  the  principle 
of  reasonable  regulation,  since  it  is  accepted  by  all.  There 
is  still  the  question  often  arising  as  to  how  far  this  regula- 
tion should  go,  how  far  the  public  has  a  right  to  go  with 
It,  and  how  far  it  is  necessary  to  go  with  It.  Recognizing 
that  it  is  right,  which  I  assume  will  be  acquiesced  in  by 
all,  that  though  the  authority  exists,  the  regulation  should 
be  limited  within  the  necessities  of  the  situation  at  all 
times. 

Suitable  and  reasonable  regulation  having  been  accepted 
upon  principle  as  a  policy  justifiable  and  necessary,  we 
have  continually  to  deal  with  the  practical  question  as  to 
how  far  to  regulate,  and  In  what  manner,  how  far  It  Is 
necessary  to  go  within  the  power  of  the  public,  and  that,  of 
course,  is  always  a  matter  to  be  determined  by  conditions, 
by  changing  conditions. 

We  hear  a  good  deal  these  days  about  progressives  and 
progresslveness  and  reactionaries  and  overconservatism. 
There  is  no  principle  involved  in  railway  regulation  that 
is  not  as  old  as  the  English  law  and  the  American  law 
founded  upon  it.  The  principles  of  equality  and  justice 
pervade  the  whole  system  of  English  and  American  juris- 
prudence and  have  been  recognized  for  ages.  There  is  no 
necessity  for  the  introduction  Into  railway  regulation  of 
any  new  principles.  It  is  still  the  old  principles  which 
never  change.  But  we  often  hear  new  action,  new  legis- 
lation, or  proposed  legislation  characterized  as  revolution- 
ary, radical,  un-American,  un-English,  unheard  of  by  an 
English-speaking  people.  It  Is  characterized  as  being 
radical  and  revolutionary.  Those  engaged  in  promoting 
legislation  for  the  regulation  of  railroads,  and  in  the  ad- 
ministration of  the  laws  after  they  have  been  passed,  ought 
never  to  be  frightened  or  Intimidated  by  a  cry  of  that  kind, 
when  the  legislation  that  is  proposed  is  suitable  to  meet 
conditions  as  they  change  from  time  to  time. 

The  institution  of  courts  of  equity  in  England  hundreds 
of  years  ago  was  simply  the  meeting  of  conditions  as  they 
arose,  not  upon  new  principles,  but  to  give  effect  to  old, 
recognized  principles,  because  the  law,  by  reason  of  Its 
universality,  failed  to  meet  particular  instances  and  pro- 
mote justice,  but  defeated  justice,  and  therefore  equity 
jurisprudence  was  established;  not  a  new  principle,  but  a 
new  remedy,  a  new  procedure  to  meet  necessary  conditions, 
to  promote  the  ends  of  justice.  Any  amount  of  this  kind  of 
railing  need  not  intimidate  anyone  who  Is  seeking  to  carry 
out  the  ancient  principles  of  justice  and  right  In  dealing 
with  these  concerns  which  serve  the  public  and  are  under 
obligations  to  serve  it  on  the  basis  of  those  principles.  It 
does  require  new  legislation.  It  does  require  that  which 
seems  wholly  new,  as  to  procedure.  It  was  deemed  neces- 
sary to  create  commissions,  because  courts,  under  the  law 
and  the  uniform  practice  and  procedure  of  taking  evidence 
and  administering  a  hard  and  fast  law,  were  not  suitable  to 
deal  with  these  administrative  questions  respecting  condl- 


V4'; 


^'ATioNAL  Association  of  Railway  Commissionebs 


•'tleAik-  th»t  ctianjge  froca.  day  to  day  and  from  year  to  year. 
Therefore  comiblss^ous  were  substituted  for  courts  In  the 
first  Instance  to  meet  these  conditions,  and  legislation  giv- 
ing authority  to  commissions  must  be  changed  from  time 
to  time;  and  although  on  the  face  of  it  it  may  appear  very 
novel  or  radical,  superficially  considered,  we  must  not  for- 
get that  it  is  simply  molding  the  law  on  the  basis  of  the 
ancient  principles  of  justice  and  right  to  meet  the  chang- 
ing conditions  and  the  demands  of  the  day  from  time  to 
time  to  that  end.  This  is  true  progress,  justifiable  progress, 
and  every  man  may  be  well  proud  of  the  fact  that  he  Is  in 
line  with  that  kind  of  progressiveness  which  Insists  upon 
meeting  present  and  changing  conditions  from  time  to  time, 
to  administer  the  principles  of  justice  in  all  these  affairs, 
regardless  of  the  fact  that  it  may  require  a  new  law  or  a 
new  procedure  or  a  new  method  to  deal  with  it.  If  we 
stop  in  respect  to  railway  legislation  or  in  respect  to  any 
of  these  other  great  matters  that  modern  conditions  have 
thrown  upon  the  country  to  deal  with  in  preserving  to  the 
public  and  to  the  use  of  the  public,  not  to  this  generation 
alone,  but  for  all  generations  to  come,  the  great  water 
highways  of  this  country,  the  water  supplies  and  the  use 
of  the  natural  resources  of  the  country,  to  the  end  that 
they  may  not  be  monopolized  by  a  few,  but  shall  fairly 
serve  the  public  of  this  and  all  coming  generations,  we 
would  fall  short  of  the  duties  that  rest  upon  this  generation 
— far  short.  To  do  so  would  be  a  cowardly  failure  to  con- 
front the  necessities  of  the  hour  and  the  duties  cast  upon 
this  generation  to  protect  it  and  coming  generations  from 
oppression  in  the  future. 

It  Is  a  mistake  to  say  that  the  least  legislation  is  the 
best.  It  has  been  said  that  that  government  is  best  which 
governs  least.  But,  conditions  are  such  as  to  show  there  is 
need  for  government,  sound  government,  rear  government, 
real  regulation  in  these  matters.  Under  certain  conditions, 
to  leave  public-service  corporations  free  for  the  most  part  to 
do  as  they  choose  results  in  combinations  and  monopolies, 
and  the  bringing  together  of  great  concerns  for  the  crea- 
tion of  monopoly  in  respect  to  a  service  which  is  a  large 
and  vital  part  of  the  commercial  life  of  the  present  time, 
and  will  be  for  all  future  commerce  and  business,  a  service 
upon  which  every  family  and  every  individual  in  the  land 
Is  of  necessity  dependent,  not  quite  so  much  as  he  is  upon 
the  air  he  breathes,  but  commercially  absolutely  dependent. 
This  is  a  modern  development,  and  it  is  a  modern  condition 
that  has  come  to  stay,  and  it  is  justly  to  be  regulated  in  the 
interest  of  the  public  with  due  regard  at  all  times  to  the 
private  investment  that  is  put  in  it  by  consent  of-  the 
public.  It  is  just  as  Incumbent  upon  us  and  upon  all  who 
have  to  do  with  these  matters  of  regulation  in  the  ad- 
ministration of  these  laws,  as  well  as  upon  every  voter 
of  the  country  who  votes  for  those  who  are  to  pass  laws 
respecting  these  matters,  to  keep  in  mind  the  sacredness 
of  the  right  of  the  private  Investment  that  goes  into  these 
properties,  that  it  shall  not  be  unjustly  treated,  and  that 
it  shall  not  be  confiscated,  as  it  is  that  we  should  protect 
the  title  to  a  man's  house  and  lot. 

On  the  other  hand,  there  is  the  same  fundamental 
principle  and  duty,  as  well  as  necessity  of  practical  regula- 
tion, to  restrain  these  public-service  corporations  so  their 
charges  shall  be  reasonable,  and  particularly  that  they 
shall  not  be  discriminatory  as  between  persons  or  places  or 
different  kinds  of  business.  We  have  been  told  that  the 
selfish  interests  of  the  corporation  engaged  in  the  public 
service  would  lead  it  to  be  just  to  all  of  its  patrons,  be- 
cause that  was  the  best  way  to  promote  its  business.  That 
sounds  very  well  and  looks  reasonable  and  plausible,  but 
practicable  demonstration  Is  to  the  contrary;  that  for 
one  reason  and  another  the  discriminations  are  made, 
unless  the  law  restrains  them,  and  they  are  almost  uni- 
versally made  In  favor  of  the  strong  and  against  the  weak; 
and  that  is  for  a  perfectly  natural  reason  also,  and  is  il- 
lustrated in  the  tremendous  business  that  is  offered  by  a 
large  shipper — one  of  the  packers,  for  instance,  who  can 
offer  a  trainload  a  day  of  business,  a  large  and  continuous 
volume  of  business.  His  business  is  worth  bidding  for, 
while  the  occasional  shipper  has  a  business  which  is  of 
a  trifling  nature  or  trifling  importance,  and  is  a  drop  in 
the  bucket  with  respect  to  the  whole  business,  and  nat- 
urally such  discriminations  as  have  been  practiced  have 
almost  universally  been  in  favor  of  the  strong  and  against 
the  weak;  and  hence  not  only  the  justice  but  the  necessity 
of  a  strong  hand  of  regulation,  not  to  confiscate,  not  to 


unjustly  treat  these  investments,  but  to  hold  the  manage- 
ment within  reasonable  bounds,  to  do  justice  to  all  alike. 
It  is  a  mistake,  however,  to  suppose  that  the  necessity 
for  additional  legislation  will  ever  pass.  I  remember  hear- 
ing a  candidate  once  say  there  was  entirely  too  much  law; 
that  all  that  was  necessary.  Instead  of  having  a  thousand 
or  twelve  hundred  or  fifteen  hundred  pages  in  the  Code, 
would  be  to  have  a  book  the  size  of  the  old  blue-backed 
Webster  spelling  book.  If  everybody  would  do  what  they 
ought  to  do,  perhaps  the  Ten  Commandments  would  be 
sufficient,  and  we  would  not  need  any  more  than  that;  but 
the  experience  of  the  world  is  to  the  contrary,  and  there- 
fore conditions  must  be  met  and  laws  must  be  made  with 
respect  to  those  who  would  do  wrong,  and  not  with  re- 
spect to  the  great  majority  who  would  do  right.  Hence 
the  necessity  for  laws  to  meet  new  conditions.  I  suppose 
those  who  are  to  be  in  favor  of  such  laws,  from  time  to 
time,  as  necessities  may  arise,  and  as  they  advocate  them, 
although  they  advocate  them  with  the  constant  purpose  In 
mind  to  do  only  that  which  is  just  and  not  to  oppress  those 
who  have  invested  their  means  in  these  properties,  will 
always  be  characterized  as  unduly  progressive  or  radical. 
We  ought  neither  on  the  one  hand  to  be  Intimidated  by  that 
cry  nor  on  the  other  hand  permitted  to  forget  the  right 
of  the  investor  in  these  properties,  and  should  go  with  an 
even  hand,  with  a  cold-blooded  sense  of  justice,  and  do 
that  which  is  right  in  the  passage  of  laws  and  in  their 
administration. 

I  have  talked  longer  than  I  expected  to,  but  I  want  to 
repeat  on  behalf  of  the  Interstate  Commerce  Commission 
and  everybody  connected  with  It  that  we  are  glad  to  see  all 
of  you  here.  You  are  welcome  today  and  at  all  times. 
We  fully  appreciate  the  importance  of  this  convention,  al- 
though each  State  commission  represented  here  has  its 
own  field  of  operation  and  we  have  ours. 

These  questions  interlace.  They  are  the  same,  whether 
they  arise  in  a  State  or  in  respect  to  interstate  commerce. 
Many  of  them  are  to  be  decided  upon  the  same  principles, 
and  there  is  great  value  in  harmony  of  action. 

There  is  great  value  in  the  interchange  of  views  re- 
specting the  practical  methods  of  meeting  the  various 
duties  with  which  the  commissions  are  charged,  not  only 
as  to  rates  and  charges,  but  grade  crossings  and  safety 
appliances  and  all  of  the  various  questions  which  come 
before  you  or  us.  There  Is  great  value  in  the  exchange 
of  views  and  experiences  and  the  discussion  of  these  ques- 
tions, so  that  so  far  as  possible  they  may  all  be  dealt  with 
in  the  same  way,  especially  where  the  same  conditions  and 
the  same  facts  practically  and  the  same  principles  are 
involved.  Having  an  eye  to  the  public  Interest  and  thq 
fair  interest  of  the  investor,  these  conferences  cannot  fall, 
as  they  have  been  demonstrated  in  the  past  to  do,  to  b« 
of  great  value  to  each  and  every  commission  In  dealing 
with  these  complicated  and  ever-changing  conditions. 

MEMBERS  IN  ATTENDANCE. 

The  secretary  called  the  roll,  and  the  following  were 
found  to  be  present: 

Interstate  Commerce  Commission. — Judson  C.  Clements 
(chairman),  Charles  A.  Prouty,  Franklin  K.  Lane.  Edgar 
E.  Clark,  James  S.  Harlan,  Charles  C.  McChord,  Balthasar 
H.  Meyer,  William  H.  Connolly  (chief  clerk),  J.  M.  Jones 
(chief  of  bureau  of  tariffs),  W.  J.  Meyers  (statistician), 
Charles  A.  Lutz  (examiner  of  acoounts). 

Arizona.— W.  P.  McNair    (chairman). 

Arkansas.— R.  P.  Allen  (chairman),  George  W.  Bellamy, 
W.  F.  McKnlght. 

Florida— R.  Hudson  Burr  (chairman),  Newton  A.  Blltch, 
Royal  C.  Dunn,  F.  M.  Hudson  (counsel). 

Georgia.— K.  Warner  Hill  (chairman),  J.  P.  Webster 
(rate  expert). 

/ninois.— OrvlUe  F.  Berry  (chairman),  J.  A.  Willoughby, 
William  Kllpatrick  (secretary),  Thomas  L.  Wolf  (rate 
clerk). 

Iowa. — Clifford  Thorne,  J.  H.  Henderson  (counsel), 
Dwlght  N.  Lewis   (assistant  counsel). 

Kansas. — J.  T.  White,  George  Plumb,  E.  H.  Hogueland 
(secretary). 

Kentucky — L.  B.  Finn. 

Maryland. — James  M.  Ambler  (chairman),  Joshua  W. 
Hering,  Louis  M.  Duvall  (secretary). 

Massachusetts. — Frederick  J.  Macleod  (chairman). 

Michigan. — Casslus  L.  Glasgow  (chairman),  George  W. 
Dickinson. 


Proceedings  of  the  Twenty-Third  Annual  Convention 


25 


Minnesota. — Ira  B.  Mills  (chairman),  Charles  P.  Staples, 
Charles  E.  Elmquist,  Thomas  Yapp   (assistant  secretary). 

Missouri. — Frank  A.  Wightman  (chairma:n),  H.  R. 
Oglesby. 

Montana. — E.  A.  Morley  (chairman). 

Nebraska. — H.  T.  Clark,  Jr.  (chairman),  H.  J.  Winnett, 
\V.  J.  Furse,  U.  G.  Powell   (rate  clerk). 

New  i/ompsTiire.— Edward  C.  Niles  (chairman),  John  E. 
Benton  (clerk). 

New  Jersey. — W.  M.  Daniels  (counsel).  \^ 

New  York,  first  district. — Milo  R.  Maltbie,  John  E. 
Bustis,  Travis  H.  Whitney   (secretary). 

New  York,  second  district. — Martin  S.  Decker,  James  E. 
Sague,  J.  S.  Kennedy   (secretary). 

North  Dakota. — W.  H.  Stutsman  (chairman),  W.  H. 
Mann. 

Ohio.—O.  P.  Gothlin,  J.  C.  Sullivan,  C.  A.  Radcliffe 
(secretary). 

Oklahoma. — A.  P.  "Watson,  E.  C.  Patton   (secretary). 

Oregon. — Thos.  K.  Campbell. 

Pennsylvania. — Nathaniel  Ewing  (chairman),  Charles 
N.  Mann,  Milton  G.  Brecht,  William  H.  Allen  (attorney), 
A.  B.  Millard  (secretary),  Henry  Houck  and  F.  C.  Ger- 
berich.  Department  of  Internal  Affairs,  Bureau  of  Railways. 

South  Carolina. — John  G.  Richards,  Jr.,  B.  L.  Caughman. 

South  Dakota.— W.  G.  Smith  (chairman),  Geo.  Rice,  F. 
C.  Robinson,  T.  E.  Cassill  (secretary),  P.  W.  Daugherty 
(counsel). 

Virginia.— Robert  R.  Prentis  (chairman),  J.  Richard 
Wingfield. 

Wisconsin. — Halford  Erickson. 

Association  of  American  Railway  Accounting  Officers. — 
C.   I.   Sturgis,  J.  A.  Taylor. 

Board  of  RaiUcay  Commissioners  of  Canada. — A.  D. 
Cartwright   (secretary),  Ottawa,  Canada. 

AN^-0U^'CEME^•T     OF    DEATH     OF     COMMISSIONEK    FAIBCIIILD,     OF 
WASHINGTON. 

The  President.  I  have  to  announce  a  very  sad  oc- 
currence, the  death  of  a  fellow  member  of  this  association 
who  had  intended  to  be  with  us.  I  have  been  handed  two 
telegrams  addressed  to  Hon.  C.  B.  Aitchison,  of  the  Oregon 
State  Commission,  one  saying  that  Commissioner  Fairchild, 
of  the  Washington  Commission,  had  to  turn  back  from 
the  trip  on  account  of  sickness  after  he  had  started  to 
this  convention.  The  next  telegram,  dated  October  8,  reads 
as  follows: 

Mr.  Fairchild  was  talten  suddenly  worse  this  morning  and 
died  at  9:40  from  a  strolte  of  apoplexy.  It  had  seemed  a  slight 
Illness  until  then,  as  he  was  out  walking  yesterday.  Our  com- 
mission  has  suftered  an  irreparable   loss. 

J.   C.   LAWIRENCE,    Commissioner. 

Mr.  GoTHLiN,  of  Ohio.  I  move  that  the  telegrams  an- 
nouncing the  death  of  Mr.  Fairchild  be  referred  to  a  special 
committee. 

The  motion  was  carried. 

The  President.  I  appoint  on  that  committee,  Mr.  Decker, 
of  the  second  district  of  New  York;  Mr.  Campbell,  of  Ore- 
gon, and  Commissioner  Meyer,  of  the  Interstate  Commerce 
Commission. 

report  of  executive  committee. 

Mr.  Gothlin,  of  Ohio,  presented  the  following  report  of 
the  executive  committee: 

The  executive  committee  recommends  the  following 
rules  for  the  convention: 

Unless  otherwise  specially  determined  the  convention 
shall  meet  each  day  at  10  o'clock  a.  m.  and  continue  in 
session,  subject  to  motion  for  recess  or  adjournment. 

Report  of  the  executive  committee. 

Address   of  the  president. 

The  committee  reports  in  the  following  order: 

Grade  crossings  and  trespassing  on  railroads. 

Railroad  taxes  and  plans  for  ascertaining  fair  valuation 
of  railroad  property. 

Uniform  classification  and  simplification  of  tariff  sheets. 

Statistics  and  accounts. 

Legislation. 

Safety  appliances. 

Delays  attendant  upon  enforcing  orders  of  railway  com- 
missions. 

Rates  and  rate  making. 

Railway  capitalization. 


Car  service,  demurrage,  and  reciprocal  demurrage. 

Telephone  and  telegraph  rates  and  service. 

Express  service  and  express  rates. 

Powers,  duties,  and  work  of  State  railway  commissions. 

Shippers'  claims  on  common  carriers. 

Railway  service  and  railway  accommodations. 

Accounts  and  statistics  of  electric  railways. 

Amendment  of  act  to  regulate  commerce. 

Vacancies  on  committees  shall  be  filled  through  ap- 
pointment by  the  president  from  members  present  it  it 
appears  that  the  filling  of  such  vacancies  is  necessary  to 
the  proper  construction  of  committee  reports  to  be  pre- 
sented to  the  convention.  The  chairman  of  each  commit- 
tee or,  in  case  of  his  absence,  the  next  ranking  member 
of  the  committee  present  shall  make  the  preliminary  state- 
ment for  the  committee  as  to  the  report  and  time  during 
the  session  when  the  report  will  be  ready  for  presenta- 
tion. 

Members  should  present  to  the  convention  any  special 
topics  not  covered  by  the  committee  reports  which  they 
desire  to  bring  before  the  convention  for  discussion  and 
consideration  or  action. 

The  president  of  the  convention  will,  during  the  first 
day's  session,  appoint  the  following  session  committees: 

A  committee  on  time  and  place  of  holding  next  conven- 
tion, consisting  of  five  members. 

A  committee  on  complimentary  resolutions,  consisting 
of  three  members. 

A  committee  on  memorials. 

It  is  recommended  that  the  committee  on  time  and 
place  announce  early  in  the  session  a  meeting,  at  which 
an  opportunity  will  be  given  to  all  who  may  desire  to  be 
heard. 

Resolutions  not  relating  to  the  work  of  other  provided 
committees  will  be  referred  to  the  executive  committee. 

It  is  recommended  that  the  election  of  oflScers  be  held 
at.  3  o'clock  Wednesday,  October  11. 

Ayes  and  noes  shall  be  taken  upon  any  question  on  the 
demand  of  five  members,  and  a  division  shall  be  taken  upon 
any  question  on  the  demand  of  three  members,  and  upon 
a  division  the  record  shall  show  the  number  voting  in 
the  affirmative  and  the  number  voting  in  the  negative. 

All  of  which  is  respectfully  submitted. 

O.  P.  Gothlin,  Chairman, 
Martin    S.   Decker, 
L.  B.  Finn, 
Robert  R.  Prentis, 
Charles  F.  Staples, 
R.  Hudson  Bukr, 
Wm.  H.  Connolly, 

Executive  Committee. 

Mr.  Gothlin,  of  Ohio,  I  move  the  adoption  of  the  report. 

The  motion  was  carried. 

President  Burr  thereupon  presented  the  annual  address, 
as  follows: 

address  of  the  president. 

If  Judge  Thomas  M.  Cooley,  the  first  chairman  of  the 
Interstate  Commerce  Commission,  and  who,  23  years  ago, 
conceived  the  idea  and  succeeded  in  bringing  about  the 
organization  of  this  association  and  was  its  first  president, 
remaining  at  its  head  for  three  years,  could  look  in  upon 
us  to-day  in  the  twenty-third  annual  convention  of  the 
National  Association  of  Railway  Commissioners,  he  would 
no  doubt  be  astounded  at  the  great  progress  which  has 
been  made. 

This  great  jurist  and  student  of  railway  regulation 
realized  the  necessity  and  the  Importance  for  such  an  or- 
ganization, for  a  closer  cooperation  not  only  between  the 
State  commission,  but  between  the  State  commissions 
and  the  Interstate  Commerce  Commission.  He  would  no 
doubt  feel  considerable  pride  in  noting  the  increase  in 
membership,  compared  with  the  first  meeting  over  which 
he  presided.  The  total  railroad  mileage  was  then  157,- 
000  miles,  and  for  June  30,  1910,  it  was  240,000  miles.  The 
gross  earnings  then  were  $964,800,000,  and  for  1910  were 
$2,750,600,000. 

This  organization  has  been  a  great  infiuence  and  power 
in  bringing  about  remedial  legislation,  both  State  and  in- 
terstate, besides  bringing  together  in  conference  at  least 
once  a  year  all  of  those  charged  with  the  regulation  of  com- 
mon carriers  and  public-service  corporations. 

We  are  benefited  and  better  equipped  for  the  dis- 
charge of  the  important  duties  devolving  upon  us,  by  rea- 
son of  this  contact  with  one  another,  which  results  in  the 


2G 


A^ATioxAL  Association  of  Railway  Commissioners 


exchange  of  ideas  and  in  formulating  plans  intended  to 
bring  about  a  more  comprehensive  regulation  and  a  bet- 
ter feeling  between  shipper  and  carrier. 

We  have  a  large  program  to  be  considered  at  this  meet- 
ing, and  I  believe  we  will  be  benefited  by  taking  one  or 
two  days  more  than  we  usually  do  for  the  consideration 
of  the  great  number  of  subjects  to  be  presented,  as  I  feel 
that  sometimes  a  subject  is  presented,  and  for  the  lack 
of  time  we  neither  do  justice  to  the  subject  nor  to  our- 
selves. 

AMENDMENT    OF    SECTION    720,    REVISED    STATUTES    OF    THE 
UNITED  STATES. 

Among  the  occurrences  of  the  past  year  there  is  one 
event  which  involves  the  very  life  of  the  State  railroad 
commission. 

There  was  a  time  when  the  utility,  the  efficiency,  the 
necessity  of  a  railroad  commission  was  an  open  question 
in  every  State,  but  of  late  years  we  have  fondly  assumed 
that  the  question  was  settled.  In  many  States  of  the 
Union  it  was  settled  after  hard-fought  political  battles, 
in  many  cases  long  drawn  out,  but  the  conclusion  has  been 
almost  universal  that  the  State  railroad  commission  has 
become  a  permanent  institution  of  government;  that  the 
modern  development  of  commerce  and  transportation  has 
rendered  this  body  essential  to  the  solution  of  the  great 
problems  and  the  unavoidable  controversies  arising  be- 
tween carrier  and  shipper. 

It  has  been  long  recognized  that  among  the  chief  bene- 
ficiaries of  the  legislation  establishing  these  bodies  have 
been  the  carriers  themselves,  and  it  has  at  last  come  to 
pass  that  the  great  transportation  companies  are  recog- 
nizing and  acknowledging  the  good  that  has  resulted  to 
all  parties  in  interest.  After  so  long  battling  against  the 
establishment  of  the  commission,  the  abandonment  of  the 
fight  by  the  transportation  corporations  might  well  be  sup- 
posed to  mark  the  end  of  the  contest  and  to  finally  estab- 
lish the  correctness  of  the  policy. 

However,  we  find  ourselves  to-day  face  to  face  with  the 
old  question,  Is  the  State  railroad  commission  worth  while? 
Some  of  Us  have  almost  forgotten  how  to  answer  it.  The 
answer  has  been  so  generally  assumed  in  very  recent  years 
that  we  have  had  no  occasion  to  give  a  reason  for  the 
faith  that  is  in  us.  While  the  old-time  opponents  of  the 
railroad  commission  have  ceased  to  propound  the  question 
and  have  accepted  the-  true  answer,  we  are  now  con- 
fronted by  the  same  old  question  from  a  different  source — 
an  ominous  source.  The  question  is  raised,  not  in  terms, 
but  in  effect,  in  the  case  of  Sheppard  v.  Northern  Pacific 
Railroad  Co.,  decided  by  an  eminent  federal  judge.  If  his 
ruling  is  correct,  it  is  no  great  exaggeration  to  say  that  the 
State  railroad  commission,  notwithstanding  all  it  has  ac- 
complished, has  no  longer  a  field  for  operation,  and  if  I 
were  a  prophet  I  might  readily  paint  the  picture  of  this 
agency  of  government  retiring  like  the  worn-out  employe 
from  the  scene  of  his  labors. 

But  it  is  not  to  be  believed  that  the  citizenship  of  our 
States  and  our  country  will  stand  idle  and  see  the  ac- 
complishment of  this  result  if  a  remedy  can  be  found. 

The  fundamental  idea  underlying  the  railroad-commis- 
sion policy  is  found  in  the  obvious  fact  that  the  ordinary 
courts  of  the  land  can  not  perform  such  administrative 
duties  as  are  necessary  for  the  proper  regulation  of  trans- 
portation companies  and  a  thorough  solution  of  transpor- 
tation problems. 

It  is  the  duty  of  the  legislature  to  make  the  laws  and 
of  the  courts  to  administer  the  laws  as  they  find  them.  It 
Is  an  essential  principle  of  our  Government  that  legisla- 
tive and  judicial  bodies  should  be  preserved  without  any 
confusion  of  their  functions;  and  yet  it  is  a  patent  fact 
that  the  settlement  of  transportation  problems  can  not 
be  arrived  at  through  a  legislative  act  or  a  judicial  decree. 
These  problems  arise  from  day  to  day  and  must  be  set- 
tled from  day  to  day.  No  legislature  can  sit  and  devote 
ita  entire  time  to  these  problems;  hence  It  has  been  found 
that  the  only  practical  solution  lies  in  the  creation  of  a 
body  with  administrative,  legislative,  and  judicial  powers. 
These  powers  may  be  safely  granted,  because  the  body  Is 
subject  to  legislative  and  judicial  control  if  it  exceeds  the 
proper  limits  of  its  activity. 

Now,  what  is  the  explanation  of  the  superior  effective- 
ness of  such  bodies?  The  manifest  explanation  is  to  be 
found  in  the  fact  that  a  railroad  commission  maintains 
a  closer  intimacy  with  the  questions  it  is  called  upon  to 
decide,  a  more  minute  knowledge  of  the  problems  involved. 


a  more  thorough  comprehension  of  the  questions  confront- 
ing the  parties  in  interest,  a  fuller  appreciation  of  the  con- 
ditions, and  a  closer  contact  with  the  parties.  This  is  true 
because  of  the  proximity  of  location  and  the  oneness  of 
interest. 

A  citizen  of  Oregon  or  Washington,  who  might  be  called 
upon  to  solve  transportation  problems  of  Florida,  would  at 
best  be  poorly  equipped  for  the  performance  of  his  task, 
while  a  member  of  the  commission  of  Texas,  if  called  upon 
to  perform  duties  in  Maine,  would  find  himself  a  tyro. 

A  judge  from  one  State  is  perhaps  as  well  qualified  to 
pass  on  a  question  of  substantive  law  as  a  judge  from  any 
other  State.  But  whether  he  be  judge,  juror,  or  commis- 
sioner, a  man  who  is  called  upon  to  solve  local  transporta- 
tion problems  must  have  a  local  knowledge. 

It  is  safe  to  assert  that  no  court  is  so  well  qualified  to 
pass  upon  a  question  of  fact  as  are  the  railroad  commis- 
sioners, and  that  the  court  which  is  most  nearly  qualified 
to  pass  upon  these  questions  is  the  court  which  is  best 
versed  in  the  current  history  of  the  locality. 

It  follows  that  when  the  findings  of  a  railroad  commis- 
sion are  to  pass  under  judicial  review  a  local  or  State  judge 
should  first  be  called  to  the  task,  and  not  until  the  judicial 
machinery  of  the  State  has  been  exhausted  should  there 
be  an  appeal  to  the  federal  courts. 

This  is  a  practical  question.  Whatever  may  be  the  de- 
cision of  the  Supreme  Court  upon  the  review  of  Sheppard 
V.  The  Northern  Pacific  Railway  Co.,  there  should  be  con- 
gressional action  upon  this  question,  and  the  adequate 
remedy  seems  to  be  not  far  to  seek. 

We  have  now  in  force  a  federal  statute,  section  720  of 
the  Revised  Statutes,  which  provides  that — 

The  writ  of  injunction  shall  not  be  granted  by  any  court 
of  the  United  States  to  stay  proceedings  in  any  court  of  the 
State,  except  in  cases  where  such  Injunction  may  be  authorized 
by  any  law  relating?  to  proceedings  in   bankruptcy. 

The  remedy  which  we  are  seeking  would  seem  to  be 
found  in  the  extension  of  this  statute  so  as  to  embrace 
State  railroad  commissions  along  with  the  State  courts. 

It  is  to  be  noted  at  this  point  that  the  new  judicial 
code  expressly  repeals  this  section  of  the  Revised  Statutes, 
to  take  effect  January  1,  1912.  Section  720  is  reenacted 
in  the  new  code  as  section  265. 

There  should  be  an  act  of  congress  to  limit  the  powers 
of  federal  courts  to  enjoin  proceedings  of  State  railroad 
commissions  and  providing  that  the  federal  courts  should 
acquire  jurisdiction  only  by  appeal  from  the  highest  State 
court  to  the  United  States  Supreme  Court.  I  think  this 
association  should  indorse  a  bill  to  this  effect  and  see 
that  it  is  made  an  issue  in  the  next  congressional  elections 
and  keep  it  up  until  we  succeed. 

HOUSEHOLD    GOODS. 

Household  goods  seem  to  be  one  class  of  freight  in  the 
handling  of  which  carriers  invariably  make  errors.  These 
errors  are  a  source  of  great  annoyance  and  inconvenience, 
as  well  as  causing  unnecessary  expense  to  the  owners  of 
the  goods. 

There  has  been  for  the  past  few  years,  and  is  still,  a 
great  migration  of  homeseekers  from  one  section  of  the 
United  States  to  other  sections.  This  is  true  as  to  nearly 
all  of  the  South  and  particularly  the  State  of  Florida. 
They  will  start,  for  instance,  from  a  point  in  Nebraska 
destined  to  a  point  in  Florida.  First,  they  go  to  the  initial 
railroad  company  to  ascertain  what  it  will  cost  them  to 
ship  their  household  goods,  which  ofttimes  includes  a  few 
liead  of  live  stock,  and  after  receiving  quotations  of  the 
rates  determine  whether  they  shall  ship  their  goods  or 
dispose  of  them.  After  concluding  that  they  will  ship, 
the  goods  are  tendered,  a  bill  of  lading  is  issued,  with 
the  rate  inserted,  and  is  prepaid  as  required.  The  car  is 
started,  and  after  reaching  some  junctional  point  with  a 
connecting  railroad  somewhere  on  its  route  to  destination 
is  held  up  for  insuflicient  prepay,  or  else  prepay  will  have 
been  dropped  from  the  billing. 

This  the  owner  has  no  knowledge  of.  having  started  to 
his  new  home  or  already  arrived  there  and  waiting  for  the 
goods.  He  then  experiences  great  difficulty  in  locating 
his  car  and  in  getting  instructions  for  the  further  move- 
ment of  the  shipment,  or  else  is  compelled  to  put  up  the 
money  again  to  guarantee  the  charges,  or,  when  this  does 
not  occur,  it  arrives  at  final  destination,  and  when  he  goes 
to  receive  it  a  further  payment  of  freight  is  demanded  of 
him  ranging  from  a  few  dollars  to,  in  many  instances,  as 
much  as  $200.  Whether  this  is  right  or  wrong,  he  must 
pay  it  in  order  to  get  possession  of  his  goods. 


Proceedings  of  the  Twenty-Third  Annual  Convention 


S? 


The  delays  which  are  brought  about  from  the  causes 
mentioned  usually  range  from  a  week  to  a  month  beyond 
the  time  they  should  arrive  In  the  ordinary  course  of  trans- 
portation, and  during  which  time  the  owner  is  put  to  the 
expense  of  boarding  his  family. 

Of  course  we  know  the  only  rate  which  should  be 
assessed  is  the  legal  rate  on  file  with  the  Interstate  Com- 
merce Commission,  but  even  when  this  rate  is  inserted  in 
the  bill  of  lading  and  prepaid  by  the  consignor  the  trouble 
is  not  avoided  if  prepay  is  dropped  from  billingjn  transit. 

Shippers  who  have  this  experience  feel  that  they  have 
been  outrageously  treated,  and  I  think  they  have  just  cause 
to  feel  so. 

If  the  shipper  in  the  first  instance  was  quoted  and 
assessed  the  correct  and  proper  rate  to  destination,  and 
he  elected  to  ship  under  that  rate,  he  would  have  no  cause 
for  complaint  thereafter  and  would  feel  satisfied.  If,  on 
the  other  hand,  he  knew  that  he  was  going  to  have  to  pay 
an  extra  amount,  he  would  in  some  instances  not  make  the 
shipment,  hut  would  likely  dispose  of  his  goods  and  buy 
others  in  his  new  home 

I  am  not  basing  my  remarks  on  a  few  isolated  ship- 
ments, as  the  trouble  is  quite  prevalent.  Of  such  ship- 
ments coming  into  my  State  from  distant  States  I  have 
yet  to  hear  of  a  single  shipment  reaching  its  destination 
without  error. 

Each  one  of  you  knows  that  it  is  impracticable  and  im- 
possible for  these  shippers  to  know  the  rates.  They  are 
entirely  dependent  upon  the  carriers  who  quote  them. 

Section  6  of  the  act  to  regulate  commerce,  as  amended 
by  congress  June  18,  1910,  provides  a  penalty  of  $250  for 
the  misquotation  of  a  rate,  which  shall  accrue  to  the 
United  States  in  a  civil  action  brought  by  the  United 
States.  This  was  intended  to  influence  carriers  to  be  more 
careful,  hut  it  does  not  make  good  the  losses  of  the  ship- 
pers. 

I  think  there  should  be  a  provision  by  appropriate  legis- 
lation {or  the  recovery  by  the  party  aggrieved  of  a  penalty 
of  $250  and  attorneys'  fees  for  the  misquotation  of  rate  or 
the  dropping  of  prepay  from  billing,  to  be  collected  in  an 
action  against  the  initial  carrier. 

Indeed,  no  good  reason  is  apparent  for  confining  such 
legislation  to  household  goods,  though  shippers  of  this 
claso  of  freight  are  the  most  frequent  sufferers. 

EXPRESS    BISINESS. 

I  wish  to  say  at  this  point  that  I  believe  the  express 
business  of  the  country  should  be  conducted  as  a  depart- 
ment of  the  railroad  business;  that  I  see  no  sound  reason 
for  the  existence  of  a  separate  and  distinct  express  com- 
pany as  a  means  of  transportation;  that  it  is  one  of  the 
factors  of  the  transportation  business  which  should  prop- 
erly belong  to  the  railway  companies,  and  for  which  they 
should  receive  extra  compensation  for  the  service  ren- 
dered. 

I  have  given  a  great  deal  of  thought  to  this  question, 
and  the  deeper  I  go  into  it  the  more  convinced  I  am  that 
this  theory  is  correct.  Of  course,  it  will  take  time  to 
work  this  out,  but  there  should  be  a  beginning — congress 
should  take  hold  of  the  question  and  the  State  should 
follow. 

KAILS    AND    EQUIPMENT. 

The  railroads  of  this  country  carry  millions  of  pas- 
sengers in  their  cars  and  over  their  rails  annually,  and  it  is 
appalling  to  note  the  great  number  of  accidents  which 
occur  and  which  are  attributed  to  defective  equipment  or 
defective  rails. 

Investigation  of  the  recent  wreck  on  the  Lehigh  Valley 
Railroad  in  which  there  were  nearly  100  persons  either 
killed  or  injured,  developed  the  deplorable  condition  that  a 
rail  had  broken  into  17  pieces.  A  few  months  before  this 
one  of  the  axles  on  the  engine  pulling  a  limited  train  on  the 
Atlantic  Coast  Line  Railroad  broke  as  it  apprtached  a 
bridge,  resulting  in  a  horrible  wreck,  killing  passengers 
as  they  slept  in  their  berths.  I  mention  but  these  two 
which  are  of  recent  occurrence,  but  we  know  that  they 
are  frequent;  we  hear  of  a  broken  rail,  a  broken  axle  or 
flange,  or  some  apparent  defect  in  the  manufacture  of  rails 
or  equipment.  Equipment,  too,  which  is  supplied  at  high 
prices,  and  for  which  the  public  has  to  pay  in  the  rates 
taxed  against  them  and  in  the  use  of  which  they  risk  their 
lives. 

In  this  connection  permit  me  to  say — I  think  the 
National  Association  of  Railway  Commissioners  should 
urge  upon  the  congress  of  the   United   States   to  enlarge 


the  powers  of  the  Interstate  Commerce  Commission  so  as 
to  give  to  that  commission  ample  authority  to  require  the 
most  exacting  supervision  over  the  manufacture  of  all  the 
products  entering  into  the  equipment  of  railroads,  to  the 
end  that  the  lives  of  the  public  who  ride  on  the  railroads, 
and  the  employes  who  must  operate  them,  may  be  more 
nearly  safeguarded. 

COST    ACCOCNTING. 

One  of  the  greatest,  if  not  the  greatest,  problems  that 
confronts  us  in  the  regulation  of  rates  is  the  proper  de- 
termination of  the  costs  of  doing  railroad  business.  This 
question,  as  yet,  has  been  only  partially  determined. 
Originally  the  whole  question  of  railroad  costs  was  in 
doubt  owing  to  the  different  methods  in  vogue  upon  dif- 
ferent railroads  as  to  the  proper  amounts  of  their  total 
expenditures  which  should  properly  be  charged  to  opera- 
tion. Some  roads  charged  to  operation  most,  if  not  all,  of 
their  improvements  and  betterments,  some  in  the  seventies 
and  eighties,  in  order  to  make  a  showing  upon  which 
money  could  be  raised  on  bonds,  charged  all  of  their  re- 
newals, or  a  large  portion  of  their  renewals,  to  the  capi- 
tal account,  thus  increasing  the  cost  of  their  plant  and  at 
the  same  time  showing  a  low  operating  expense,  which 
justified  large  returns  upon  outstanding  capital  and  on  its 
face  rendered  the  issue  of  the  bonds  plausible.  Many  se- 
curities were  marketed  upon  statements  of  this  character. 
Between  these  two  extremes  somewhere  lay  the  truth.  So 
flagrant  did  these  abuses  become  that  one  of  the  first  steps 
of  the  newly  appointed  Interstate  Commerce  Commission 
was  the  classification  of  operating  expenses  of  the  railroad 
companies,  and  the  first  classification  of  railroad  accounts 
issued  by  the  Interstate  Commerce  Commission  was  pro- 
mulgated. Most  of  the  States  having  railroad  commis- 
sions adopted  this  classification  of  accounts.  There  was 
yet,  however,  something  wanting.  The  classification  was 
not  broad  enough  to  cover  all  of  the  facts  which  it  was 
deemed  advisable  should  be  shown,  and  also  the  lines  were 
not  as  closely  drawn  as  they  should  have  been  as  to  the 
expenses  which  should  be  charged  to  each  account,  con- 
siderable latitude  being  left  to  the  ofllcials  of  the  com- 
panies themselves.  Under  the  direction  of  the  Interstate 
Commerce  Commission,  and  under  circumstances  with 
which  we  are  all  familiar,  a  new  classification  of  opera- 
ting expenses  was  adopted  and  put  into  effect  on  July 
1,  1906,  by  which  classification  the  accounts  were  ex- 
panded to  nearly  double  the  previous  classification.  It  was 
made  imperative  by  law  that  the  carrier  should  adopt  this 
classification,  and  penalties  were  attached  to  the  law  by 
which  the  former  latitude  given  the  officials  was  limited 
to  conformity  with  the  classification  named  in  the  law. 

So  far,  and  only  so  far,  have  the  operating  expenses  of 
the  railroad  companies  become  fixed  factors;  there  yet 
remains  a  wide  field  for  the  determination  of  expenses 
which  accrue  to  the  different  classes  of  traffic  handled  over 
carriers'  lines.  The  fact  that  the  carrying  roads  operate  in 
different  States  and, cross  State  lines  gives  rise  to  the  ne- 
cessity of  the  determination  of  the  expense  which  ac- 
crues to  each  State.  In  order  to  determine  this  matter 
properly,  operating  or  accounting  divisions  of  railroad 
companies  should  be  made  practically  coincident  with 
State  lines,  and  even  then  there  are  certain  terminal  ex- 
penses which  must  project  over  the  State  lines  and  be 
common  to  two  or  more  States.  The  proper  division  of  such 
expenses  has  been  delegated  to  a  committee  of  this  associ- 
ation, and  its  report  thereon  is  awaited  with  much  interest. 
Even  should  the  operating  division  of  roads  not  be  coin- 
cident with  State  lines,  and  it  is  a  fact  that  the  economic 
operation  of  roads  may  render  it  impossible  to  have  the 
operating  division  coincident  with  such  State  lines,  yet 
the  accounting  division  can  be  made  upon  the  basis  of 
State  lines.  This  necessitates  but  a  simple  application  of 
cost  accounting  to  the  present  railway  methods.  Expenses 
can  be  to  a  large  extent,  almost  entirely,  located,  and  the 
location  being  definite,  the  State  in  which  they  occur  is 
self-determined.  We  must  always  bear  in  mind  the  small 
percentage  of  operating  expenses  of  which  we  have  spoken, 
which  must  of  necessity  be  joint  to  two  or  more  States; 
these  occur  almost  entirely  in  terminal  matters  and  in  the 
maintenance  of  equipment  items.  Each  of  these  expenses, 
however,  can  be  readily,  and  should  be,  divided  between 
the  States  upon  the  factor  of  use  applicable  in  each  case. 

When,  however,  we  have  the  cost  allocated  and  as- 
signed to  the  various  States  a  more  intricate  problem  in 
cost  accounting  presents  itself,  which  is  the  division  of 
these  expenses  between  the  two  general  classes  of  traffic 


28 


National  Association  of  Eailwat  Commissioners 


— the  freight  and  passenger.  The  first  block  of  the  pri- 
mary expense  accounts  is  "Maintenance  of  way  and  struc- 
tures accounts."  Practically  only  the  primary  account, 
"Repairs  and  renewals  of  buildings,"  can  be  kept  separate 
by  cost-accounting  methods.  In  the  next  block  of  ex- 
penses, "Maintenance  of  equipment,"  all  of  these  expenses, 
save  those  of  "Work  equipment,"  can  be,  by  proper  methods 
of  cost  accounting,  definitely  located  to  freight  or  to  pas- 
senger. It  will  be  necessary  for  a  large  number  of  car- 
riers to  keep  track  of  engine  repairs  as  between  freight, 
"*  passenger,  and  switch  engines.  This  is  done  by  some 
carriers,  but  not  all.  In  the  next  block  of  expenses,  the 
"Traffic  expenses,"  it  is  necessary  for  the  carrier  to  apply 
the  principles  of  cost  accounting,  and  to  determine  the 
amount  of  energy  expended  in  the  traffic  department  into 
freight  and  passenger  business,  respectively.  This  can  be 
accomplished  by  railroad  companies  requiring  the  proper 
report  as  to  the  time  expended  by  joint  agents  and  of- 
ficials on  each  class  of  service.  The  next  block  of  expenses 
Is  "Transportation  expenses."  The  bulk  of  these  expenses 
can  be  determined  with  great  accuracy  between  freight 
and  passenger.  Some  few  of  the  expenses,  such  as  dis- 
patching trains,  operating  Interlocker,  block,  and  other 
signals,  and  crossing  flagmen  and  gatenien,  may  have  to  be 
divided  upon  a  more  or  less  arbitrary,  but  perfectly  obvi- 
ous basis,  not  arbitrary  in  the  sense  of  unreasoning  assign- 
ment, but  arbitrary  only  in  so  far  as  slight  variations 
of  factors  upon  which  they  depend  can  be  considered  an 
arbitrary  matter.  The  next  block  of  expenses,  "General 
expenses,"  are  susceptible  of  division  between  freight  and 
passenger,  with  a  degree  of  accuracy  which  is  practical 
In  all  Its  points.  The  only  block  of  expenses,  therefore, 
which  requires  more  than  common  care  in  the  division  of 
Its  primary  accounts  is  the  first  block  of  expenses,  "Main- 
tenance of  way  and  structures,"  and  even  here  the  oper- 
ation which  causes  the  wear  or  the  destruction  of  the  fa- 
cilities, which  destruction  it  is  necessary  to  renew  or  to 
replace,  can  be  determined  and  application  of  the  resulting 
factors  made. 

The  importance  of  cost  accounting  in  railroad  operation 
can  not  be  overestimated.  There  is  not  a  case  which 
coines  before  any  court  or  railroad  commission  where  it  is 
claimed  that  a  rate  should  be  reduced  or  a  rate  increased 
that  the  claim  is  not  set  up  by  the  railway  companies  that 
a  lesser  rate  or  the  existing  rate  is  confiscatory.  The 
basis  of  the  claims  in  these  different  cases  is  alwaj  s  a 
crude  attempt  at  arriving  at  the  cost  of  conducting  these 
operations,  or,  in  other  words,  a  crude  system  of  cost 
accounting,  and  which  is  too  often  varied  to  suit  the  cir- 
cumstances of  each  particular  case.  Generalities,  supposi- 
tions, and  opinions,  based  on  years  of  service  but  not  of  ob- 
servation, too  often  take  the  place  of  the  direct  facts  which 
could  be  obtained  by  the  study  of  the  facts  connected  with 
each  expenditure.  Nor  are  the  railways  the  only  offenders 
In  this  indiscriminate  and  unscientific  method  of  handling 
expenses.  Frequently  the  claim  of  shippers  is  based 
upon  generalities  deduced  from  the  casual  inspection  of 
railway  accounts,  without  reference  to  the  details  which 
bear  upon  each  class  and  portion  of  the  traflfic.  Since, 
therefore,  both  the  attack  and  defense  of  the  rates  are 
based  upon  the  fact  as  to  whether  or  not  they  are  con- 
fiscatory or  excessively  remunerative,  the  necessity  of  the 
strict  application  of  cost-accounting  methods  to  railway 
accounts  is  obvious.  That  this  will  entail  more  work  upon 
the  carriers  is  a  foregone  conclusion;  that  it  will  add  to 
their  expense  is  also  a  foregone  conclusion,  but  the  fact 
must  not  be  lost  sight  of  that  the  nature  of  the  traflJc  and 
the  constantly  recurring  question  of  the  reasonableness 
of  rates  make  this  a  necessity.  We  could  just  as  consist- 
ently attack  the  classification  of  the  operating  expense 
introduced  by  the  Interstate  Commerce  Commission  on  the 
ground  of  expense  as  to  urge  the  additional  expense  as  an 
objection  to  the  adoption  of  further  cost  of  determination. 
There  are  beyond  this  division  between  freight  and  pas- 
senger, which  of  itself  would  be  a  long  stride  in  the  right 
direction,  other  phases  of  this  cost  accounting-  which  must 
Inevitably  become  part  and  parcel  of  the  railway  methods. 
In  the  case  of  the  passenger  traffic  the  expense  of  the  dif- 
ferent classes  of  trains,  through  and  local,  must  be  deter- 
mined, and  the  passenger  making  use  of  these  various  fa- 
cilities must  also  be  kept  track  of  in  order  that  the  proper 
differentiation  may  be  made  between  the  cost  of  the  inter- 
state passenger  and  intrastate  passenger.  The  use  of  the 
terminals  must  also  be  taken  into  account  in  determining 
this  faator,  for  it  is  painfully  evident  that  as  long  as  these 


0  geneP 


questions  are  in  doubt,  as  long  as  they  are  left  to  geneP' 
alities   and   suppositions,   so   long  will   the  question   as  to 
whether  or  not  a   rate  is   remunerative  remain  undeter- 
mined. 

In  the  matter  of  freight  it  will  be  necessary,  in  order 
to  determine  the  cost  of  each  class  of  freight,  interstate 
and  intrastate,  to  first  find  out  how  the  less-than-carload 
freight,  or  it  might  be  termed  package  freight.  Is  handled, 
and  at  what  cost.  It  will  also  be  best  to  determine  the 
amount  of  the  freight  which  the  necessities  of  traffic  com- 
pel to  take  a  through  or  local  freight  train,  since  the  cost 
of  local  freight  trains  is  much  more  per  ton  per  mile  than 
is  that  of  through  freight,  the  local  train  handling  what  is 
known  as  the  peddling  car,  and  upon  which  the  loading  Is 
much  lighter  and  therefore  its  relation  to  the  dead  weight 
of  the  car  much  less  than  that  of  the  carload  stuff.  It  was 
with  this  in  view — rather  indefinite,  it  is  true — that  the 
differences  arose  between  class  rates  and  commodity 
rates. 

Should  we  advance  one  step  further  and  desire  to  de- 
termine the  cost  of  carrying  any  single  commodity,  the 
necessity  for  cost  accounting  is  still  more  apparent.  The 
number  of  terminals,  the  relative  live  load  to  the  dead, 
the  fact  as  to  whether  loaded  or  unloaded  by  the  con- 
signor or  consignee,  the  number  of  times  it  is  handled  by 
switch  engines;  these  items  and  a  number  of  others  all 
enter  into  the  problem  of  determining  the  proper  cost  to 
be  attached  to  each  commodity.  The  necessity  for  con- 
tinuous cost  accounting  is  still  more  apparent  when  we 
consider  that  in  a  cursory  examination  of  the  expenses 
many  expenses  which  would  naturally  attach  to  the  traffic 
can  readily  be  lost  sight  of,  and,  on  the  other  hand,  an 
undue  proportion  of  these  expenses  can  be  assigned  to  the 
commodity  in  question  unless  this  is  regulated  by  the  ap- 
plication of  the  principles  of  cost  accounting  to  each  com- 
modity. 

While  the  matter  of  cost  is  not  the  only  basis  for  the 
determination  of  a  rate,  yet  it  does  enter  into  it,  and  to  this 
vital  extent  that  no  rate  should  be  made  wherein  the  cost 
of  doing  the  business  should  exceed  the  remuneration 
which  is  received  for  it;  otherwise  the  remaining  business 
of  the  road  is  taxed  to  accommodate  this  special  movement 
of  freight.  It  can  readily  be  seen,  therefore,  that  no  rate 
can  be  correctly  or  legitimately  determined  unless  the 
cost  or  the  approximate  cost  thereof  is  known. 

The  exception  to  this  rule  would  be  where,  in  order  to 
start  or  to  foster  a  starting  business,  it  might  be  necessary 
for  a  time  to  carry  this  freight  at  nonremunerative  rates, 
but  this  only  with  the  view  that  ultimately  and  in  the  im- 
mediate future  the  business  will  so  increase  In  volume  as 
to  render  it  remunerative. 

To  recapitulate:  First,  cost  accounting  is  necessary 
to  determine  the  proper  expense  to  each  State;  second,  cosi 
accounting  is  necessary  to  determine  the  proper  freight  and 
proper  passenger  expenses;  third,  cost  accounting  is  neces- 
sary to  determine  the  proper  amount  chargeable  to  Inter- 
state and  to  intrastate  passenger;  fourth,  cost  accounting 
is  necessary  to  determine  the  proper  amount  chargeable  to 
Interstate  and  intrastate  freight;  fifth,  cost  accounting  Is 
necessary  to  determine  the  proper  expense  to  any  class 
of  trafiic  whether  interstate  or  intrastate.  These  five  ques- 
tions are  dally  before  some  court  or  commission  in  the 
United  States,  and  it  seems,  therefore,  absolutely  essential 
that  cost  accounting  should  be  applied  to  all  railway  ac- 
counts, and  that  if  we  are  to  determine  these  matters 
justly  and  intelligently  it  must  be  so  applied. 

There  are  no  insuperable  difficulties  connected  with 
application  of  cost  accounting  to  the  railroad  business. 
It  is  claimed  by  the  opponents  of  progress  that  It  is 
impossible  to  differentiate  between  classes  of  traffic 
and  classes  of  commodities  carried  over  the  same  tracks 
and  in  the  same  cars.  No  more  difficulty  attaches 
to  this  than  does  to  the  sawing  of  lumber  of  different 
sizes  and  of  different  densities  by  the  same  machine. 
The  fact  that  the  volume  of  the  business  is  greater 
in  railroad  companies  than  in  the  common  manufac- 
turing concern  does  not  alter  the  case.  There  is  no 
mystery  attached  to  railroad  business  by  which  it  Is 
removed  from  the  application  of  economic  laws  which 
govern  other  industrial  operations.  To  state  that  there 
is  an  insuperable  difficulty  in  determining  these  matters 
is  an  insult  to  our  intelligence,  as  well  as  to  that  of 
our  railroad  friends.  The  virility,  resourcefulness  and 
brains  of  the  present  generation  have  not  fallen  into 
decadence. 


Proceedings  of  the  Twenty-Third  Annual  Convention 


29 


CHANGE   IN    COMMITTEES. 

I  recommend  that  the  committee  known  as  "Classifi- 
cation of  operating  and  construction  expenses  of  steam 
railways"  be  abolished  and  the  duties  of  that  committee 
be  combined  with  and  performed  by  the  committee  on 
"Statistics  and  accounts." 

Also,  that  the  committee  on  "Classification  of  oper- 
ating and  construction  expenses  of  electric  railways" 
be  abolished  and  the  duties  of  this  Vc9mmittee  be 
combined  with  and  performed  by  the  committee  on 
"Accounts    and    statistics    of    electric    railways." 

I  trust  that  this,  the  Twenty-third  Annual  Convention 
of  the  National  Association  of  Railway  Commissioners, 
will  prove  to  be  a  harmonious  and  profitable  gathering. 

Mb.  Gothlin,  of  Ohio.  I  move  that  the  recommenda- 
tions in  the  president's  address  be  referred  to  the 
executive  committee,  with  instructions  to  report  appro- 
priate resolutions  for  the  consideration  of  the  association. 

The  motion  was  carried. 

VACANCIES   ON  COMMITTEES. 

The  Pbesident.  There  are  some  vacancies  in  com- 
mittees, and  if  the  chairman  of  each  committee  will 
notify  the  chair  of  the  vacancies  existing  on  his  com- 
mittee, the  chair  will  endeavor  to  fill  them  during  the 
day. 

Mr.  Clkments,  of  the  Interstate  Commerce  Commis- 
sion. Would  it  not  be  well  enough  to  proceed  suffi- 
ciently far  to  know  what  reports  will  be  called  up  this 
afternoon  and  what  are  ready  now  to  present,  so  mem- 
bers of  the  association  may  be  advised  what  is  likely 
to  come  up?  A  good  many  of  those  committees,  I 
suppose,  from  the  calling  of  them,  can  state  through 
their  respective  chairmen  whether  they  will  be  ready 
to  report.  Some,  perhaps,  have  already  printed  their 
reports  and  are  ready  to  go  on.  Would  it  not  be  a 
good  idea  to  go  far  enough  to  now  find  out  what  will 
come  up  this  afternoon  and  what  can  be  brought  up? 

The  PnEsiDENT.  The  report  of  the  executive  com- 
mittee places  the  report  of  the  committee  on  grade 
crossings  and  trespassing  on  railroads  as  the  first  report 
on  the  program.  Will  that  committee  be  ready  to  report 
this    afternoon? 

Mr.   Dickinson,   of  Michigan.     The   report   is   in   print. 

The  President.  What  other  reports  are  ready  to 
be  presented? 

The  Secretary.  Four  of  the  reports  have  been 
printed,  as  follows:  Committee  on  grade  crossings  and 
trespassing  on  railroads,  express  rates  and  express  serv- 
ice, railroad  taxes  and  plans  for  ascertaining  fair  valua- 
tion of  railroad  properties,  and  amendment  to  act  to 
regulate  commerce.  There  are  three  other  reports  that 
I  know  are  ready  to  be  presented,  as  follows:  Safety 
appliances,  statistics  and  accounts,  and  accidents.  The 
three  last-mentioned  reports  have  not  been   printed. 

Mr.  GoTHLiN,  of  Ohio.  Inasmuch  as  the  report  of 
the  committee  on  express  rates  and  express  service  is 
ready,  and  as  consideration  of  that  report  will  doubtless 
take  the  whole  afternoon,  I  move  that  the  report  of 
that  committee  be  made  a  special  order  for  this  after- 
noon at  2  o'clock. 

The    motion    was    carried. 

Mr.  Kennedy,  of  New  York.  There  has  been  some 
correspondence  between  the  secretaries  of  the  various 
commissions,  and  it  is  thought  that,  inasmuch  as  several 
were  coming  here,  a  conference  of  the  secretaries  might 
be  to  their  mutual  advantage.  With  the  permission  of 
the  president,  I  would  like  to  ask  that  all  the  secre- 
taries who  are  present  meet  here  in  this  room  to-morrow 
morning  at  half-past  9  o'clock,  so  we  can  arrange  for 
some  future  meeting. 

Upon  motion,  at  12:40  o'clock  p.  m.,  a  recess  was 
taken   until  2   o'clock   p.   m. 

AFTER    RECESS. 

The  convention   reconvened   at   2  o'clock   p.   m. 

The  President.  The  chair  wishes  to  announce  com- 
mittee assignments.  All  members  of  the  committee  on 
railway  capitalization  do  not  seem  to  be  present.  I 
will  add  to  that  committee  Mr.  Gothlin,  of  Ohio;  Mr. 
Ambler,  of  Maryland;  Mr.  Glasgow,  of  Michigan;  and 
Mr.   Prentis,   of  Virginia,   to   fill  out   vacancies. 

On  the  committee  on  legislation  I  will  put  Mr.  Berry, 


of  Illinois,  in  place  of  Mr.  Bassett,  of  New  York;  Mr. 
Prentis,  of  Virginia,  in  place  of  Mr.  Rhea,  of  Virginia, 
and  Mr.  Watson,  of  Oklahoma,  in  place  of  Mr.  Wood,  of 
Indiana. 

To  the  committee  on  telephone  and .  telegraph  rates  I 
will  add  Mr.  Richards,  of  South  Carolina,  in  place  of  Mr. 
Fairchild,  of  Washington,  Mr.  Mills  of  Minnesota,  in  place 
of  Mr.  Willcox,  of  New  York,  and  Mr.  Sague,  of  New  York, 
in  place  of  Mr.  Olmstead,  of  that  State.. 

The  time  has  arrived  for  the  consideration  of  the  special 
order,  the  report  of  the  committee  on  express  service  and 
express  rates. 

REPORT  OF  COMMITTEE  ON  EXPRESS   SERVICE   AND  EXPRESS  BATES. 

Mr.  Staples,  of  Minnesota.  Before  presenting  this  re- 
port I  wish  to  express  to  the  several  members  of  the  com- 
mittee, particularly  the  subcommittee,  my  appreciation  and 
thanks  for  the  assistance  they  have  rendered  in  the  Inves- 
tigation, so  far  as  we  have  conducted  it,  and  in  the  prepar- 
ation of  the  report.  I  have  been  on  a  good  many  com- 
mittees in  the  history  of  this  association,  and  I  have 
never  had  from  any  associates  the  assistance  I  have  had 
this  time,  and  I  take  pleasure  in  expressing  my  apprecia- 
tion of  It.  There  are  few  positive  recommendations  in  this 
report.  It  was  not  deemed  advisable;  in  fact,  it  was 
deemed  inadvisable.  We  do  not  feel  sufiBciently  acquainted 
with  the  topic  to  carry  it  to  that  extent  at  this  time. 
More  than  that,  while  there  are  some  suggestions  in  it  of 
rather  an  affirmative  nature,  their  purpose  is  partly  to  ex- 
press the  views  of  the  committee  and  partly  to  draw  from 
the  members  of  this  association  the  opinions  they  may  have 
upon  the  subject. 

In  that  connection,  speaking  for  myself  as  chairman, 
who,  perhaps,  has  had  a  little  more  to  do  with  it  than 
anybody  else — and  I  think  I  can  speak  for  the  other  mem- 
bers of  the  committee — that  nobody  will  feel  at  all  hurt 
at  anything  you  may  say  as  long  as  you  may  not  fire  di- 
rectly at  our  different  heads.  You  may  get  retaliation  if 
you  do;  not  otherwise.  This  report  is  open  for  free  dis- 
cussion, and  I  should  like  to  have  the  members  feel  that 
way  about  it. 

Mr.  Staples    (reading): 

Your  committee  on  express  rates  and  express  service, 
not  having  beep  named  until  some  months  after  the  last 
convention  adjourned,  has  found  it  impossible  in  the  lim- 
ited time  to  satisfactorily  complete  the  work  assigned  to 
it.  The  committee  met  early  in  the  summer  and  con- 
cluded the  most  practical  way  to  undertake  the  work  re- 
quired of  it  would  be  to  appoint  a  subcommittee  and  dele- 
gate to  this  committee  the  matter  of  securing  such  testi- 
mony as  seemed  desirable  or  possible,  with  instructions 
to  prepare  a  report  to  be  made  by  the  committee.  This 
course  was  followed,  and  meetings  were  held  In  Chicago, 
giving  public  notice  of  the  time  and  place  where  meetings 
would  be  held,  so  that  all  parties  who  desired  to  appear 
might  be  present.  Many  parties  appeared  before  the  com- 
mittee representing  the  public  on  one  hand  and  the  trans- 
portation companies  on  the  other,  including  both  express 
and  railway  companies.  Opportunity  was  given  for  all 
parties  to  present  such  pertinent  information  as  they  might 
desire.  With  the  limited  time  and  opportunity  afforded 
your  committee,  it  has  not  been  deemed  practicable,  at  this 
time,  to  submit  any  definite  conclusions.  The  purpose  of 
this  report  is  to  pave  the  way  for  a  continued  investigation. 
A  brief  statement  of  the  complaints  registered  before  the 
committee  may  be  stated  in  the  following  language: 

1.  Many  complaining  that  the  present  graduate  scale 
now  in  use  by  the  several  express  companies  throughout 
the  United  States  is  very  unfair,  unreasonable  and  discrimi- 
natory; that  the  relation  between  the  rates  for  carrying 
packages  under  100  pounds  and  the  regular  hundred-pound 
rate  is  manifestly  unfair. 

2.  It  was  urged  that  certain  conditions  contained  In 
express  company  receipts  are  unfair  to  the  shipper — for 
instance,  such  as  requiring  a  claim  to  be  filed  within  60  or 
90  days,  the  general  belief  being  that  at  least  120  days 
should  be  allowed;  also  objecting  to  the  provision  in  the 
receipt  setting  up  no  liability  in  cases  where  articles  are 
not  properly  packed  or  are  fragile,  claiming  this  works  a 
hardship  on  shippers;  and  petitioning  that  express  com- 
panies should  establish  a  central  claim  office,  where  all 
claims  might  be  sent  for  settlement. 

3.  There  seemed  to  be  a  strong  belief  that  stock  of  ex- 


30 


National  Associatiox  of  Railway  Commissioxkhs 


press   companies   should   not  be  owned   or   controlled    by 
another  express  company  or  by  any  railway  company. 

4.  Complaint  was  made  as  to  the  unfair  classification, 
holding  that  special  and  general  special  rates  bear  mani- 
festly unfair  relation  to  the  merchandise  rates. 

5.  Serious  objection  was  made  to  the  present  practice 
of  express  companies  in  the  matter  of  routing  shipments, 
objecting  to  the  practice  of  companies  routing  shipments 
over  their  own  line  when  many  times  by  routing  it  jointly 
over  other  connecting  lines  much  time  and  distance  might 
be  saved,  often  to  the  great  advantage  of  the  shipper. 

6.  In  the  matter  of  refunds,  it  was  urged  that  express 
companies  should  be  required,  in  all  cases,  to  give  notice 
to  the  consignee  in  cases  where  refunds  of  any  character 
should  properly  be  made.  In  this  connection  it  was  urged 
that  proper  notice  should  always  be  sent  to  consignee  in 
case  a  shipment  was  lost  in  transit  or  refused  at  point  of 
destination. 

7.  It  was  urged  that  express  companies  should  be 
required  to  furnish  those  entitled  to  the  same  with  a  re- 
ceipt, and  that  in  all  cases  the  receipts  should  show,  among 
other  things,  the  rate  charged.  • 

8.  Many  claim  that  the  express  companies  should  be 
required  to  furnish  tariffs  to  shippers  in  the  same  manner 
that   railway   companies    furnish    shippers   with    tariffs. 

9.  The  very  general  opinion  among  those  who  testi- 
fied seemed  to  be  that  express  companies  were  not  justified 
in  meeting  the  postal  rates  charged  by  the  Government  for 
packages  of  4  pounds  and  under,  claiming  that  the  service 
rendered  by  the  express  companies  was  more  costly  to 
the  companies  and  more  valuable  and  of  greater  value  to 
the  public  than  the  cost  of  mail  service,  and  that  the  low 
rates  charged  undoubtedly  influenced  the  companies  In 
making  higher  rates  on  other  shipments,  resulting  in  dis- 
crimination. 

10.  The  conviction  seemed  to  be  very  strong  that  the 
rates  charged  by  the  express  companies,  particularly  the 
merchandise  scale  and  the  graduate  scale,  are  unreasonably 
high. 

Your  committee  respectfully  suggests  that  the  many 
questions  involved  in  the  subject  under  discussion  might 
be  treated  under  the  following  heads: 

First.  "Upon  what  basis  should  an  express  company 
be  allowed  to  earn  a  revenue?"  Should  its  earnings  be 
upon  the  amount  invested  in  real  property  and  equipment 
used  in  operation  only,  or  is  it  also  entitled  to  an  additional 
return,  as  has  been  sometimes  contended,  for  the  personal 
service  it  renders  to  every  patron  in  the  same  manner  as 
does  the  district  messenger  service?  In  consideration  of 
this  question,  it  becomes  important  to  determine  how  far 
the  capitalization  of  these  companies  must  be  considered, 
having  reference  to  what  investigations  have  in  fact  been 
made.  It  may  also  be  stated  as  a  fact  that  a  considerable 
part  of  the  property  devoted  to  the  public  use  has  been 
charged  to  operating  expenses,  which  means  the  public 
Itself  paid  for  the  property.  Upon  the  proper  answer  to 
this  question  must  depend  the  future  action  of  all  regu- 
lative bodies,  and  probably  is  the  most  serious  question  and 
one  deserving  the  best  thought  of  all  members  of  our  con- 
vention. We  will  first  take  up  the  basis  for  interest 
charges.  Under  the  law  public  utilities  are  under  normal 
conditions  entitled  to  rates  that  will  cover  reasonable 
amounts  for  operating  expenses,  including  returns  upon  a 
fair  value  of  the  property  used  and  necessary  in  serving 
the  public.  In  other  words  the  law  makes  the  fair  value  of 
the  property  used,  the  amount  upon  which  public  utilities 
are  entitled  to  a  reasonable  rate  of  return  for  interest  and 
profits.  An  express  service  is  properly  a  railway  service,  an 
express  company  being  merely  the  agent  of  a  railway  com- 
pany, and  as  it  is  established  that  railway  companies  are 
public  utilities  it  can  be  reasonably  argued  that  express 
companies  occupy  the  same  relation.  Even  in  the  absence 
of  legislation  and  rulings  upon  the  subject  it  would  seem 
that  the  amount  that  should  be  included  in  the  express 
rates  for  interest  and  profits  should  not  exceed  a  reason-, 
able  rate  upon  the  fair  valuation  of  the  combined  property 
of  railway  and  express  companies  that  is  devoted  to  public 
use.  In  industries  such  as  public  utilities  in  the  service  of 
which  public  interests  are  directly  involved,  it  is  necessary 
that  both  interest  charges  and  charges  for  operation  should 
rest  upon  sound  economic  bases.  Such  bases  are  found  In 
reasonable  outlays  and  charges  to  both  the  capital  and 
operating  expense  accounts.  In  other  words,  they  are 
found  in  costs  under  normal  conditions  and  as  ordinarily 


determined.  In  competitive  industries  less  intimately  con- 
nected with  public  interests  and  where  conditions  are  reg- 
ulated by  natural  forces  it  is  sometimes  customary  to 
measure  profits  by  the  earnings  or  the  earning  value.  In 
such  cases  this  practice  may  be  legitimate,  but  in  mo- 
nopolistic industries,  on  the  other  hand,  the  situation  is 
different.  In  such  industries  prices  and  conditions  are  not, 
except  within  exceedingly  broad  limits,  controlled  by 
natural  forces,  but  subject  to  the  will  of  the  manage- 
ment, as  private  interests  under  such  conditions  often 
come  in  conflict  with  public  interests.  Private  control  has 
also  often  been  found  unsafe  and  dangerous.  It  is  for 
these  reasons  mainly  that  public  regulation  has  been  found 
necessary  in  the  case  of  public  utilities.  Here  such  regu- 
lation occupies  the  same  position  as  does  competition  in 
competitive  industries.  In  the  former,  conditions  are  de- 
termined in  the  light  of  public  as  well  as  private  interests. 
Here  it  is,  as  a  rule,  found  that  the  Interests  of  all  are 
best  subserved  when  the  utilities  shall  permit  such  rate  of 
returns  on  the  amounts  legitimately  and  economically  in- 
vested in  the  business  as  will  just  about  bring  the  neces- 
sary capital  and  business  ability  in  this  field.  The  amount 
of  the  investment  can  be  determined  either  from  the 
records  or  from  the  cost  of  reproducing  the  plant  and  the 
business.  The  rate  of  return  can  likewise  be  obtained  from 
the  investment  market  and  of  conditions  generally.  These 
are  simply  questions  of  fact,  and  it  is  due  to  the  various 
commissions  to  find  these  facts.  The  propositions  thus 
advanced  are  sound  and  in  line  with  public  interests.  They 
can  be  considered  both  upon  theoretical  and  practical 
grounds. 

"basis    rOB    RATES." 

The  rules  which  cover  interest  charges  also  apply  to 
other  charges  or  to  rates.  That  is,  express  companies  or 
common  carriers  are  entitled  to  rates  for  their  services  that 
cover  reasonable  amounts  for  operating  expenses,  includ- 
ing returns  upon  a  fair  cost — that  is,  the  value  of  the 
property  necessarily  employed.  Under  present  conditions 
this  means  that  the  express  rates  should  ordinarily  be 
high  enough  to  cover  the  operating  expenses  of  the  rail- 
ways for  transporting  express  matter  as  well  as  a  reason- 
able amount  for  interest  on  the  value  of  the  property  and 
facilities  used  for  this  transportation,  and  that  in  addition 
to  this  the  rates  of  the  express  must  also  cover  reasonable 
amounts  for  operating  expenses  of  the  express  companies 
and  for  interest  charges  on  a  fair  value  of  the  property 
necessarily  used  by  them  in  the  service.  In  other  words, 
express  rates  must  cover  two  separate  sets  of  operatiftg  ex- 
penses and  two  separate  sets  of  interest  or  property 
charges,  one  in  each  case  for  the  railways  and  one  in 
each  case. for  the  express  companies.  This  classification  is 
not  materially  affected  by  the  fact  that  the  charges  of  the 
former  appear  as  a  lump  sum  instead  of  in  detail  in  the 
records  of  the  latter. 

In  connection  with  the  freight-transportation  service,  it 
has  been  further  ruled  that  the  cost  of  transportation  thus 
established  should  be  borne  by  the  various  articles  and 
commodities  transported  somewhat  in  proportion  to  their 
value,  the  cost  of  handling  them,  the  risks  involved  therein, 
etc.  The  law  and  the  rulings  under  it  have  thus  established 
a  so-called  "cost  of  service  theory"  of  rate  making,  under 
which  articles  of  higher  value  are  made  to  contribute 
relatively  more  to  the  income  of  the  carriers  for  interest 
and  profits  than  articles  of  lower  value.  Under  this  theory 
the  higher  profits  contributed  by  the  former  or  higher 
priced  articles  is  as  much  a  part  of  their  cost  of  trans- 
portation as  is  the  case  for  the  relatively  lower  profits 
that  is  borne  by  the  lower  priced  one.  Under  this  theory 
no  articles  should  ordinarily  be  transported  at  rates  that 
are  so  low  as  not  to  leave  something  above  the  operating 
expenses  for  interest  on  the  investment  of  the  carrier. 
If  transported  at  a  lower  cost  than  this,  they  become  a 
burden  upon  the  rest  of  the  traffic.  This  should  be  avoided 
except  in  cases  where  required  by  public  interests.  The 
basis  for  rates  or  for  charging  that  has  thus  been  briefly 
outlined  is  in  fact  the  so-called  "cost  of  service"  basis 
for  rates. 

In  order  to  flx  rates  upon  the  cost  basis,  it  is  necessary 
to  determine  the  approximate  cost  per  unit  of  traffic  as 
well  as  to  weigh  these  costs  for  each  class  of  the  traflic  In 
proportion  to  value  of  the  articles  contained  in  each  of 
these  classes.  In  short,  the  theory  of  rate  making  that 
applies  to  railway  freight  would  also  in  the  main  seem 
to  apply  to  the  express  traffic.    For  rate  making  upon  this 


Pkockedixgs  of  the  Twenty-Thibd  Annual  Convention 


31 


basis  an  immense  amount  of  data  and  a  great  deal  of  labor 
are  required.  To  go  into  details  in  these  matters,  is,  of 
course,  out  of  the  question. 

One  thing  that  is  required  to  that  end  is  a  classification 
of  the  articles  and  commodities  in  which  value  and  bulk  in 
proportion  to  weight,  as  well  as  other  characteristics,  has 
been  carefully  considered.  Such  a  classification  of  the 
goods  in  the  main  obtains  in  the  freight  service,  but  only 
to  a  limited  extent  in  the  express  service.  Another  require- 
ment is  likely  to  be  an  appraisal  of  the  pAogerty  involved 
and  a  determination  of  the  proper  rate  of  return  thereon. 
Then  follows  apportionments  of  the  operating  expenses, 
including  interest  charges  between  the  various  departments 
of  the  traffic,  and  the  further  apportionment  of  these  ex- 
penses for  each  department  between  the  cost  of  handling 
the  traffic  at  the  terminals  and  the  cost  of  moving  it  be- 
tween the  terminals.  In  addition  to  this,  full  statistics 
should  be  had  showing  by  classes  of  goods  in  the  loaded 
cars,  the  number  of  tons  of  freight,  the  average  loading 
per  car  and  other  facts  along  these  lines.  From  these 
statistics  when  taken  in  connection  with  the  total  terminal 
cost,  it  is  possible  to  compute  the  terminal  cost  per  unit 
of  traffic  with  a  considerable  degree  of  accuracy.  In  order 
to  compute  the  cost  per  unit  of  the  movement  expenses, 
It  is  necessary  to  have  the  total  movement  expenses  and 
besides  this  the  loaded  and  empty  car  mileage,  the  tons 
carried  1  mile,  the  average  length  of  the  haul,  and  other 
facts  for  the  line  as  a  whole,  and  in  many  cases  for  each 
class  of  traffic.  In  addition  to  this,  there  should  also  be 
statistics  showing  the  average  weight  per  car  alone  of  the 
various  kinds  of  equipment,  the  revenue  obtained  from  the 
various  classes  of  traffic,  and  the  ordinary  data  that  are 
usually  presented  in  the  annual  reports. 

With  data  of  this  kind  at  hand,  it  is  possible  to  com- 
pute the  average  cost  per  unit  of  both  the  terminal  and 
movement  expenses  under  various  kinds  of  loading  per 
car  as  well  as  for  each  class  of  traffic.  These  costs  per  unit 
can  then  be  combined  into  rates.  These  rates  as  they 
then  stand,  however,  represent  costs  only.  In  order  that 
they  may  also  be  made  to  cover  the  next  element  in  order 
of  importance  in  rate  making,  namely,  the  value  of  the 
goods,  it  is  necessary  to  weigh  the  cost  figures  as  a  whole 
or  for  each  class  on  the  basis  of  the  nature  of  the  goods. 
In  some  cases  this  weighing  is  confined  to  those  units 
only  which  represent  interest  and  profit  charges  alone. 
In  other  cases  again,  it  is  applied  to  the  entire  cost.  The 
course  to  be  observed  in  these  processes  depends  very 
largely  upon  how  the  costs  per  unit  were  computed  and  on 
the  purpose  to  be  attained.  When  it  is  necessary  to  obtain 
a  basis  for  intrastate  rates,  it  is  also  necessary  to  allot 
the  various  items  for  each  department  to  the  State,  and 
then  to  separate  them  between  the  intra  and  the  interstate 
traffic.  It  is  also  necessary  to  then  obtain  corresponding 
separations  of  all  the  other  operating  and  traffic  data  that 
are  needed  in  the  work.  What  has  thus  been  said  about 
the  cost  basis  applies  as  much  to  express  companies  as 
to  railways. 

It  is  perhaps  unnecessary  to  say  that  the  express  com- 
panies will  not  agree  with  the  above  as  the  proper  basis 
for  determining  the  earnings  and  manner  of  establishing 
rates.  Until  within  the  past  few  years,  express  companies 
have  enjoyed  absolute  immunity  from  governmental  regu- 
lation and  supervision,  and  it  is  perhaps  too  much  to  ex- 
pect that  they  should  not  have  taken  advantage  of  this 
circumstance.  The  conclusion  that  this  has  been  done  is 
absolutely  justified  by  a  study  of  their  scheme  of  rates 
and  charges,  as  well  as  by  an  examination  of  the  results 
of  operations. 

"what  the  traffic'  wili,  bear."- 
The  express  companies,  however,  do  not  make  their 
rates  as  suggested  above,  nor  do  they  keep  or  compile 
the  data  that  are  necessary  to  that  end.  The  express 
traffic  is  neither  classified  so  minutely  as  railway  traffic, 
nor  in  the  former  classification  is  much  of  any  considera- 
tion given  to  the  value  of  the  articles.  Only  two  general 
classes  are  recognized,  namely,  merchandise  and  the  gen- 
eral specials.  In  the  merchandise  class  is  included  the 
general  package  business,  which  consists  of  an  infinite 
variety  of  parcels,  the  weight  in  proportion  to  the  value  of 
which  vary  very  greatly.  In  the  general  special  class  are 
Included  such  articles  as  eggs,  cheese,  poultry,  veal,  and 
such  other  articles  as  the  company  could  not  secure  for 
transportation  under  the  merchandise  rates.  In  certain 
cases  a  third  class,  called  special,  is  also  made,  and  there 


are  in  addition  to  this  various  other  classes  designed  to 
meet  special  conditions.  One  of  these  conditions  is  found 
where  the  express  companies  have  so  adjusted  their  rates 
as  to  meet  the  rates  of  the  Post  Office  Department.  In 
classifying  the  express  traffic,  no  definite  standards  seem 
to  be  consistently  followed.  This  fact  also  seems  to  be 
true  In  the  rate  making  Itself.  The  rates  seem  to  be  based 
upon  cost  only,  in  so  far  as  it  is  necessary  that  in  the  ag- 
gregate they  must  yield  a  profit.  According  to  the  state- 
ments of  representatives  of  express  companies,  their  rates 
are  fixed  primarily  on  "what  will  move  the  traffic,"  or, 
in  other  words,  "what  the  traffic  will  bear,"  or  again  "on 
the  value  of  the  service."  What  these  terms  m§an  may  be 
difficult  to  determine.  They  are  often  applied  to  so  man> 
different  conditions  and  as  a  justification  for  so  many  and 
varying  practices  that  their  real  meaning  seems  to  be 
almost  beyond  comprehension.  "What  the  traffic  will  bear" 
Is  sometimes  defined  as  the  rates  under  which  traffic  will 
move.  "Value  of  the  service"  Is  usually  defined  as  repre- 
senting the  difference  In  the  price  on  the  articles  between 
the  place  from  which  they  are  shipped  and  the  place  to 
which  they  are  going.  These  explanations,  however,  do 
not  furnish  proper  and  safe  bases  for  rate  making.  The 
fact  that  the  traffic  may  be  moving  is  by  no  means  a  cer- 
tain Indication  of  the  fact  that  the  rates  under  which  it 
moves  are  reasonable.  If  shippers  generally  could  and 
would  withdraw  from  the  business  as  soon  as  any  rate  be- 
comes unreasonably  high,  it  is,  of  course,  likely  that  the 
rates  that  would  move  the  traffic  would  not  be  lifted  above 
a  reasonable  point.  But  there  is  hardly  a  shipper  who  la 
in  position  to  do  this,  even  if  fully  aware  of  the  fact  that 
his  rates  are  unreasonable.  Few,  again,  stop  their  businest 
or  withdraw  from  it  at  all.  This  is  especially  true  In  un- 
dertakings requiring  large  fixed  investments  in  plant  and 
equipment  which  cannot  be  used  for  any  other  purpose. 
They  are  often  better  off  with  1  or  2  per  cent  profit  than 
with  none  at  all,  and  will  therefore  continue  to  ship  under 
rates  that  would  absorb  most  of  the  profits,  although  they 
may  be  high  enough  to  yield  to  the  carrier  many  times  the 
profit  to  which  it  is  entitled.  It  is  manifest  that  such  rates 
are  not  reasonable  rates,  although  the  traffic  moves  under 
them. 

The  difference  in  price  between  the  shipping  and  the 
terminating  point  is  an  equally  unsafe  basis  of  rates.  This 
difference  usually  depends  upon  the  cost  of  transportation 
between  the  places  involved.  But  this  difference  in  price  is 
clearly  of  such  character  that  it  cannot  he  formulated  Into 
workable  standards  for  rates.  As  bases  for  rate  making 
"What  the  traffic  will  bear,"  and  the  "Value  of  the  service," 
seems  entirely  inadequate.  They  are  indefinite  and  do  not 
seem  to  contain  anything  either  in  the  way  of  principles 
or  methods  that  can  be  developed  into  working  formulas 
or  rate  making  that  rest  upon  economic  or  natural  forces. 
When  more  fully  analyzed,  they  appear  to  be  a  little  more 
than  convenient  descriptions  in  the  way  in  which  rates 
are  made  In  the  absence  of  local  restrictions,  when  the  sole 
aim  of  the  rate  maker  is  to  either  serve  his  own  purpose 
or  to  so  adjust  rates  as  to  obtain  greatest  net  returns  from 
the  traffic  as  a  whole,  regardless  of  consequences.  Efforts 
to  extract  from  these  theories  anything  that  will  enable  the 
rate  maker  to  tell  just  where  he  stands  at  any  particular 
moment  In  his  work  has  usually  proven  fruitless.  They 
appear  to  be  clung  to  chlefiy  as  means  of  getting  away  from 
the  "Cost  of  the  service"  method,  which  is  more  exact  and 
less  amenable  to  manipulation  for  special  purposes.  These 
theories  are  admirably  adapted  as  a  cover  for  certain  past 
practices,  for  they  are  so  elastic  that  under  them  almost 
all  sorts  of  practices  can  be  justified.  As  they  cannot  be 
formulated  into  a  standard,  they  usually  in  actual  practice 
and  in  the  absence  of  special  purpose  lead  to  and  go  no 
further  than  the  so-called  comparative  method  of  rate  mak- 
ing. The  shortcomings  thus  pointed  out  in  connection  with 
the  above  methods  are  not  likely  to  be  found  in  the  so- 
called  cost  of  service  method  of  rate  making.  This  method, 
as  indicated  above,  consists  of  a  proper  classification  of  the 
freight  in  which  the  value  and  character  of  the  articles 
have  received  due  consideration  in  determining  the  approx- 
imate cost  per  unit  of  traffic,  and  in  readjusting  these  costs 
units  between  the  various  classes  and  commodities  on  the 
basis  of  their  value.  Under  this  method,  the  rate  for  low- 
priced  articles  will  be  much  lower  than  for  high-priced 
ones,  but,  as  a  rule,  no  rate  should  be  so  low  as  not  to 
cover  actual  operating  expenses,  and,  if  possible,  contribute 
at    least    something   toward    Interest    on    the    investment. 


32 


National  Association  of  Railway  Comjiissio\ehs 


This  method  rests  upon  sound  economic  principle,  being 
based  upon  the  cost  of  production,  a  factor  that  Is  always 
of  the  greatest  Importance  in  practically  all  price  deter- 
mination. Rates  computed  on  this  basis  stand  on  about 
the  basis,  with  reference  to  the  cost  of  transportation,  as 
that  which  in  the  long  run  the  prices  on  various  commodi- 
ties bear  to  the  cost  of  producing  them.  The  analogy  is, 
of  course,  not  exact,  but  is  near  enough  so  as  to  Illustrate 
the  situation. 

By  this  Is  not  meant  that  the  "cost  method"  has  not  its 
drawbacks.  It  is  very  laborious  and  requires  technical  skill 
In  developing  the  details.  As  pointed  out  above,  it  requires 
an  immense  amount  of  data  that  is  not  now  kept  by  either 
the  railways  or  the  express  companies,  but  which  can  be 
obtained  from  their  records.  These  facts  and  conditions, 
however,  do  not  constitute  any  real  objections  to  the 
method.  In  fact,  most  of  them  would  be  obviated  if  the 
accounts  and  statistical  records  were  kept  with  a  view  of 
really  disclosing  the  facts  required. 

If  the  various  commissions  throughout  the  country 
would  seriously,  consistently  and  uniformly  enter  upon  this 
work,  It  is  reasonably  certain  that  means  would  be  found 
for  regularly  obtaining  the_  necessary  data  and  that  a  fair 
and  equitable  cost  basis  for  rate  making  would  be  fully 
and  satisfactorily  developed.  With  the  Increasing  power 
of  the  commission  the  need  for  more  scientific  systems  is 
also  constantly  becoming  more  and  more  imperative. 
Efforts  to  obtain  proper  data  and  to  develop  more  scientific 
methods  of  rate  making  than  those  now  generally  used 
cannot  safely  be  delayed  much  longer. 

The  attitude  of  the  express  companies  upon  the  ques- 
tions of  reasonable  earnings  and  plan  of  making  rates, 
classifications,  etc.,  may  be  stated  briefly  and  clearly  by 
quoting  from  the  testimony  taken  by  the  committee,  as 
follows: 

Mr.  Stockton,  representing  the  Wells,  Fargo  &  Co.,  ex- 
press, says: 

We  believe  the  measure  of  the  earnings  of  an  express  com- 
pany should  be  a  reasonable  profit,  a  reasonable  percentage  of 
Its  gross  earnings  •  *  •  We  believe  in  the  express  busmess, 
as  in  any  other  mercantile  business  or  commercial  busmess. 
the  profit  is  measured  upon  the  "turnover,"  and  no  man  ever 
made  his  profit  on  his  property  investment.  You  must  measur* 
on  an  individual  rate  or  transaction,  and  that  in  the  aggregata 
should  not  exceed  a  reasonable  percentage  of  your  gross  earn- 
ings. We  put  that  forward  as  the  universally  adopted  basis  of 
all  commercial  houses,  as  one  of  the  tests  of  every  rule  of 
eommon  sense,  and  one  which  does  not  involve  the  thousand 
and  one  complications  which  must  necessarily  come  into  the 
record  when  you  start  to  find  out  what  the  value  of  anything  is. 
«  •  •  A  railroad  constructing  a  public  highway  is  entitled  to 
the  right  to  earn  a.  fair  return  upon  the  property  devoted  to  the 
public  use.  I  repeat  that  that  is  for  the  construction  of  a  public 
highway  that  any  railroad  that  puts  its  money  into  building  a 
railroad  is  entitled,  because  of  that  investment,  to  a  reasonable 
return  upon  the  money  invested,  and  when  in  addition  to  that 
It  engages  as  a  common  carrier  over  that  railroad,  it  is  entitled 
to  further  earn  a  reasonable  profit  on  its  business  and  that  is 
how  an  express  company's  profit  should  be  measured.  •  •  • 
Now,  I  think  that  relieves  those  commissions  of  any  labor  of  go- 
ing into  the  question  of  ascertaining  what  the  physical  valua- 
tion is.  It  strips  the  matter  from  the  subtleties  around  it.  •  •  • 
My  personal  view  of  the  matter  is  that  the  local  conditions,  aa 
a  rule,  fairly  reflect  in  the  freight  rates  of  railroad  companies 
and  that  the  express  rates  should  bear  given  relations  to  the 
freight  rates,  and  it  seems  to  me,  in  view  of  this  fact,  that  they 
are  in  a  measure  competitive  and  In  another  measure  they  are 
partners.  They  handle,  however,  distinct  classes  of  business 
which  bv  the  changes  may  become  express  or  may  become 
freight,  but  because  of  the  rules  between  them  and  the  simi- 
larity of  carriage  I  think  there  should  be  a  relation  with  the 
freight  rate  to  the  express  rate.  •  •  •  No  one  has  ever  been 
able  to  make  rates  by  a  yardstick  yet.  Every  man  who  has 
ever  entered  into  the  study  must  realize  that  neither  distance, 
bulk,  value,  risk,  density  of  traffic  or  density  of  population  are 
reasons  which  can  absolutely  dominate  and  determine  a  rate. 
It  must  be  a  matter  of  Judgment.  The  application  of  all  these 
conditions  to  the  matter  must  be  in  a  measure  reflected  in  the 
freight  rate. 

Q.  How  are  you  going  to  find  the  basis  for  that  difference? 
— A.     I  should  take,  to  a  large  extent,  the  value  of  the  service. 

Q.  How  are  you  going  lo  measure  that? — A.  It  is  deter- 
mined thus  In  my  mind:  Express  rates  are  automatically  self- 
regulated.  I  don't  believe  an  express  rate  needs  any  regulation 
from  anyone.  It  regulates  Itself.  If  too  high,  It  will  not  handle 
the  business.  It  too  low,  It  will  attract  the  freight  business. 
•  •  •  The  test  is,  whenever  It  moves  all  the  business  which  it 
should."  then  It  is  reasonable.  If  not.  It  is  not.  If  the  shippers 
come  in  and  show  that  their  business  cannot  move  under  the 
rates,  then  your  rate  is  unreasonable.  ♦  •  •  If  the  traffic  moves 
freely,   the  rate  must  be  reasonable. 

Mr.  B.  P.  Kerfoot,  representing  the  United  States  Ex- 
press Company,  testified  as  follows: 

You  know  the  express  companies  have  small  Investment."!. 
We  don't  think  it  is  fair  to  limit  our  revenue  to  return  on  that 


investment  the  way  railroads  have.  We  feel  we  are  entitled 
to  a  return  of  a  percentage  of  the  gross  business  we  do.  In 
other  words,  if  we  turn  our  capital  over  5  or  10  times  a  year, 
we  are  entitled  to  more  than  if  only  turned  over  once. 

SECOND  SUBJECT. 

REASONABLENESS    OF    THE   AMOUNT   PAID    BY   THE    EXPRESS    COM- 
PANIES TO  THE  EAILWAY  COMPANIES. 

Are  the  returns  now  received  by  the  railway  companies 
for  carrying  express  matter  excessive?  In  other  words,  is 
the  amount  paid  by  the  express  companies  to  railway  com- 
panies for  transportation  reasonable?  Upon  this  question 
the  attitude  of  all  the  express  companies  may  be  stated  In 
the  following  language,  quoting  from  Mr.  Stockton's  testi- 
mony: 

I  will  answer  that  by  saying  tliey  are  the  best  contracts 
we  are  able  to  get  at  the  present  time.  We  would  like  to  liave 
better  ones   if  we  could. 

Q.  Are  the  returns  now  received  by  railway  companies  for- 
transporting  of  express  matter  excessive,  and  is  not  the  pay- 
ment on  a  tonnage  basis  a  fairer  manner  of  paying  the  railroad 
companies? — A.  I  should  say  in  the  first  place  that  the  pay- 
ments to  railroad  companies  I  do  not  believe  are  excessive. 
Otherwise  they  would  not  get  the  contract.  As  to  the  second 
proposition,  as  to  whether  a  contract  upon  the  tonnage  basis 
would  be  a  fairer  basis  than  a  percentage  of  the  gross  earnings. 
I  don't  see  that  it  makes  much  difference.  All  of  the  criticisms 
of  the  percentage  contracts  are  purely  imaginary.  They  do 
not  amount  to  anything  unless  the  carriers  were  to  start  In  to  In- 
crease the  rates.  The  difficulty  is  purely  Imaginary — purely  a 
straw  man  put  up  by  a  lot  of  people  to  be  knocked  down.  •  •  • 
The  average  express  package  weighs  about  4  pounds,  and  the 
average  charge  per  transaction  is  45  cents.  The  average  cost  of 
auditing  that  transaction  is  as  great  as  with  a  railroad  com- 
pany to  audit  a  $4.50  transaction,  so  that  the  cost  of  auditing  is 
a  very  large  source  of  expense  to  the  express  companies, 
disproportionately  so  as  compared  with  the  railroad  companies 
•  •  *  "There  is  no  possible  gain  that  I  can  see  in  substituting  the 
tonnage  plan.  It  is  purely  imaginary,  in  my  judgment,  and  why 
It  Is  necessary  or  desirable  to  change  the  system  because  of  a 
bugaboo,  I  am  unable  to  say. 

1 
The  attitude  of  the  railway  companies  upon  this  ques- 
tion may  be  stated  by  quoting  from  the  testimony  of  Mr. 
P.  S.  Eustis,  representing  the  passenger  department  of  the 
Chicago,  Burlington  &  Quihcy  Railroad  Company: 

It  has  been  my  conviction  since  1002,  when  I  was  made 
traffic  manager  on  the  Burlington,  that  the  trouble  with  the 
express  business  is  not  that  the  express  rates  are  too  high, 
but  that  the  express  company  does  not  pay  the  carrier  a  fair 
portion  of  the  gross  rate  for  the  part  of  the  service  performed 
by  the  railroad  carrier.    The  express  company  gets  too  much. 

Q.  Allowing  that  statement  to  stand,  would  you  accompany 
it  with  a  statement  that  the  railroad  company  needs  more 
than  it  is  now  getting? — A.  Yes,  sir. 

Q.  That  the  remuneration  now  paid  the  railroad  company 
It  not  a  reasonable  amount? — A.  Wholly  Inadequate  for  the  serv- 
ice performed. 

Q.  Have  you  ever  made  any  analysis  which  would  go  to 
prove  whether  the  express  business  might  not  be  paying  a 
very  reasonable  sum  to  the  railway  company,  and  that  the  loss 
sustained,  if  any,  might  be  upon  the  other  character  of  business 
transported  on  the  same  train? — A.  Upon  that  point  we  find 
ourselves  In  a  devil  of  a  place.  We  have  to  appear  on  Monday 
somewhere  to  prove  that  we  don't  get  enough  for  passenger 
business;  on  Tuesday  we  appear  to  prove  that  we  don't  get 
enough  for  carrying  mail;  and  on  Wednesday  we  have  to  appear 
to  prove  that  we  don't  get  enough  for  express.  We  can  prove 
all  the  time  that  we  don't  get  enough  for  all  three,  but  we  find 
It  awfully  hard  to  prove  as  to   any  one. 

Q.  Have  you  ever  undertaken  to  keep  your  books  so  as 
to  be  able  to  determine  the  different  costs? — A.  You  must  know 
that  is  one  of  those  problems  we  cannot  get  at.  •  •  •  The  express 
companies,  so  far,  have  been  able  to  compel  the  railroad  com- 
panies to  carry  their  traffic  at  a  rate  which  Is  wholly  Inadequate, 
which  does  not  pay  the  railroads  for  the  service  it  performs. 
•  •  •  Personally,  I  am  more  convinced  by  the  developments  of 
the  last  six  months  than  I  have  been  for  several  years  before 
of  the  correctness  of  the  point  I  made  about  four  years  ago, 
that  it  is  Inevitable  that  we  shall  organize  our  own  express 
company  a.nd  conduct  the  traffic  which  Is  on  our  own  road. 
This  has  been  seriously  copsldered  by  the  officials  of  our  com- 
pany for  the  past  three  years. 

It  Is  perfectly  apparent  from  these  extremely  conflicting 
views  on  the  part  of  the  express  and  railway  companies 
that  the  question  must  be  very  carefully  gone  into  In  order 
to  determine  whether  the  amount  now  paid  to  railway  com- 
panies is  a  reasonable  sum  for  their  service  or  not;  also 
the  character  of  the  contract  should  be  considered.  It  Is 
perfectly  apparent  that  any  percentage  relation  would  be 
materially  affected  in  the  event  of  any  change  in  the  rates, 
either  the  lowering  or  raising  of  the  rates.  If  the  gross 
sum  now  paid  to  the  railway  company  is  a  reasonable 
sum,  and  as  little  as  should  be  paid  them,  this  should  not 
be  further  reduced  by  a  reduction  in  the  rates  charged  by 
express  companies,  which  would  be  the  case  where  the  per- 
centage relation  Is  not  changed;   also  any  increase  in  the 


rROCEEDlNGS    OF    THE    TwENTY-ThIRD    AnNUAL    CONVENTION 


■,]r^ 


express  rate  would  increase  the  amount  paid  to  the  railway 
company.  This  would  be  manifestly  unfair  to  impose  this 
tax  upon  the  public  if  the  railway  company  is  already 
receiving  ample  compensation. 

Each  transaction  requires  a  separate  Individual  service 
by  the  express  company,  but  this  is  not  true  as  to  the  serv- 
ice rendered  by  the  railway  company.  It  costs  the  railway 
company  no  more  to  transport  20  packages  weighing  10 
pounds  each  than  it  does  to  transport  1  package  weighing 
200  pounds.  Yet  the  compensation  receivedis  very  much 
greater.  One  illustration  may  be  given  to  mSKe  this  clear: 
The  graduate  charge  on  a  10-pound  package.  New  York  to 
Chicago,  is  75  cents,  the  rate  per  hundred  pounds  being 
$2.50.  Supposing  in  an  express  car  leaving  New  York  for 
Chicago  there  were  twenty  10-pound  packages  consigned  to 
20  separate  consignees  and  one  200-pound  package  con- 
signed to  another  address.  For  the  20  packages  the  ex- 
press companies  would  charge  75  cents  each,  a  total  of  $15; 
for  the  200-pound  package  it  would  charge  $5.  Assuming 
that  the  railway  company  received  50  per  cent  of  the 
charges,  it  would  receive  for  the  200  pounds  which  was 
transported  in  10-pound  packages  $7.50,  while  from  the 
200-pound  package  it  would  receive  only  $2.50,  although 
the  weight  carried  and  the  service  rendered  would  be  iden- 
tical in  both  cases. 

Referring  to  the  different  positions  taken  by  the  express 
and  railway  companies  as  to  the  sufficiency  of  the  amounts 
now  paid  to  the  railway  companies  as  compensation.  It 
may  be  interesting  to  record  the  fact  that  your  committee 
Is  in  possession  of  reliable  data  where  careful  investigation 
has  been  made  by  experts  examining  the  cost  data  of  two 
large  railway  companies  now  receiving  under  their  con- 
tracts with  the  express  companies  55  per  cent  of  the  gross 
revenue,  showing  that  the  cost  of  conducting  the  business 
In  the  case  of  one  of  these  roads  Is  37.45  per  cent  of  the 
gross  amount  received.  In  the  case  of  the  second  road,  the 
cost  is-  41.8  per  cent  of  the  gross  amount  received.  This 
covers  the  entire  cost  included  in  the  116  primary  accounts, 
to  which  must  be  added  4  per  cent  for  taxes.  It  Is  believed 
these  figures  can  be  sustained.  On  the  other  hand,  it  Is 
fair  to  state  that  these  same  companies  offered  testimony 
which  goes  to  prove  that  in  the  case  of  the  first  company 
the  cost  of  doing  business  is  70.325  per  cent  of  the  gross 
amount  received,  and  in  the  case  of  the  second  company 
the  cost  is  122.952  per  cent  of  the  gross  amount  received. 
This  data  is  presented  to,  indicate  the  Importance  of  going 
much  further  Into  this  subject  in  order  that  reliable  data 
may  be  had. 

THIRD  SUBJECT. 

THE    80-CAIXED    INTERCORPORATE    RELATION    OF    EXPRESS    COMPA- 
NIES   AND   RAILWAY    COMPANIES. 

This  matter  was  more  or  less  a  subject  of  complaint 
before  your  committee,  but  will  only  be  treated  briefly  at 
this  time.  It  may  be  stated  that  the  representatives  of 
express  companies  resented  the  Idea  that  there  were  any 
relations,  either  contract  or  mutual,  existing  between  express 
and  railway  companies  which  would  in  any  way  influence 
one  toward  the  other.  It  must  be  apparent,  however,  when 
the  record  Is  read,  that  some  very  good  reason  can  be  found 
why  the  ownership  of  stock  in  the  different  companies  Is 
distributed  the  way  we  find  It.  For  Instance,  in  one  of  the 
reports  of  the  Adams  Express  Company  they  show  they 
own  stock  as  follows:  Four  hundred  thousand  dollars  of 
the  Atchison,  Topeka  &  Santa  Fe  Railway  Company;  $290,- 
000  of  the  Baltimore  &  Ohio  Railroad  Company;  $425,000  of 
the  Chicago,  Milwaukee  &  St.  Paul  Railway  Company; 
$317,400  of  the  Chicago  &  Northwestern  Railway  Company; 
$247,750  of  the  Chicago,  Peoria  &  St.  Louis  Railway  Com- 
pany; $191,000  of  the  Iowa  Central;  $50,000  of  the  Louis- 
ville &  Nashville  Railway  Company;  $6,171,400  of  the  Penn- 
sylvania Railroad.  - 

Testimony  was  offered  before  your  committee  showing 
that  there  are  large  holdings  of  stock  of  express  companies 
held  by  different  express  companies;  for  instance,  the  Adams 
has  $100,000  stock  of  the  American  Express  Company;  $650,- 
000  of  the  Southern;  $906,000  in  the  United  States,  and  that 
the  American  owns  the  National  entirely  and  $1,000,000  of 
stock  of  the  United  States  Express  Company;  that  the 
Southern  owns  $111,800  in  the  Adams,  $118,500  In  the 
American,  and  $70,000  in  the  United  States;  that  the  United 
States  owns  $51,200  in  the  Wells-Fargo.  We  will  not  under- 
take to  offer  here  opinion  as  to  the  influence  this  may  have 


on  the  various  companies,  but  It  must  be  apparent  to  even 
a  casual  reader  that  the  influence.  In  some  cases,  must  be 
very  far  reaching.  As  to  the  questions  of  original  cost  of 
this  stock,  and  the  consideration  given  for  the  same  by  the 
various  holding  companies,  these  questions  may  be  prop- 
erly offered  as  subjects  for  further  investigation,  and  the 
subject  may  be  seriously  considered  as  to  whether  or  not 
there  should  not  be  an  absolute  prohibition  on  the  part 
of  any  one  express  company  holding,  owning  or  controlling 
the  stock  of  any  other  express  or  railway  company.  Fur- 
thermore, as  to  whether  these  various  companies  should  not 
be  confined  strictly  to  a  transportation  business. 

FOURTH  SUBJECT. 

ELIMINATION  OF  EXPRESS   COMPANIES. 

Testimony  was  taken  by  your  committee  as  to  the  advis- 
ability of  eliminating  express  companies  and  requiring  all 
service  to  be  performed  by  the  railway  companies.  It  la 
admitted  that  the  service  performed  by  an  express  com- 
pany is  to  all  intents  and  purposes  a  transportation  serv- 
ice, and  yet  this  may  be  properly  divided  into  two  parts — 
one  a  pick-up  and  delivery  service  and  the  other  a  direct 
transportation  service. 

The  way  the  business  has  been  conducted  for  many 
years  has  thoroughly  established  the  custom  among  the 
people  of  relying  upon  express  companies  to  call  for  and 
deliver  all  express  matter  in  the  manufacturing  and  thickly 
settled  portions  of  all  large  communities  and  to  the  busi- 
ness houses  In  many  of  the  smaller  communities,  and  to 
deprive  them  of  this  service  would  undoubtedly  work  a 
great  hardship.  It  Is  not  necessary,  however,  that  the  ex- 
press companies  shall  continue  to  be  common  carriers  In 
order  that  the  public  may  have  the  advantage  of  this  local 
service.  Express  companies  might  continue  to  act  as  an 
agent  of  the  railway  company  In  the  matter  of  pick-up  and 
delivery  service,  the  railway  company  assuming  and  being 
responsible  for  the  transportation  of  all  commodities  by 
express.  Communities  which  desire  to  do  so  might  orga- 
nize locally  for  the  purpose  of  handling  the  express  matter 
between  the  public  and  the  railway  companies,  or  the  rail- 
road companies  could.  If  necessary,  organize  their  own 
pick-up  and  delivery  service.  It  Is  claimed  by  express 
companies  that  where  joint  traffic  Is  handled  the  railway 
companies  would  be  unable  to  take  care  of  the  same  In  the 
matter  of  transfers  without  the  aid  of  the  express  compa- 
nies. This,  however.  It  seems,  could  be  taken  care  of  by 
the  plan  devised  to  handle  the  local  pick-up  and  delivery. 
Any  plan  which  would  accomplish  that  end  after  the  same 
had  got  Into  working  order  would  undoubtedly  materially 
reduced  the  cost  of  transportation  by  express.  It  must  be 
apparent  that  as  the  relation  stands  to-day  between  express 
and  railway  companies,  and  as  the  business  Is  now  con- 
ducted in  many  cases,  there  Is  necessarily  a  double  profit 
paid  to  the  carriers  by  the  public.  Upon  the  question  of 
cost  of  pick-up  and  delivery  service  your  committee  Is  In 
possession  of  data  compiled  by  reliable  experts,  with  every 
opportunity  afforded  for  the  examination  of  all  records,  to 
show  that  in  certain  large  cities  the  service  of  pick-up  and 
delivery  is  now  being  performed  by  express  companies  at 
a  cost  to  them  of  from  3.243  cents  to  3.362  cents  per  pack- 
age, and  In  11  smaller  cities,  with  populations  ranging 
from  2,620  to  18,600,  the  average  is  2.631  cents  per  package. 
There  are  many  advocates  of  the  plan  of  separating  the 
charges  in  such  way  as  to  relieve  those  who  do  not  enjoy 
or  care  for  the  pick-up  and  delivery  service  from  sharing 
In  the  cost  of  the  same  to  the  express  companies.  In  other 
words,  that  any  party  who  avails  himself  of  the  pick-up 
and  delivery  service  should  bear  the  entire  cost  of  the 
same,  thereby  reducing  the  rate  to  those  who  do  not  care 
for  or  enjoy  this  service.  Your  committee  believes  this 
plan  to  be  a  wholly  practicable  one,  and  recommends  the 
same  for  the  very  serious  consideration  at  the  bands  of 
this  convention. 

The  express  and  railway  companies  are  to-day  engaged 
In  performing  a  transportation  service  that  one  company 
could  perform  just  as  effectively.  If  not  more  so.  This  sys- 
tem has  Its  advantages,  but  these  are  secured  at  an  enor- 
mously high  cost.  This  duplication  of  organization  results 
In  duplication  of  capital,  wages,  salaries,  and  many  other 
expenses.  It  is  also  a  question  whether  the  express  service 
as  performed  at  present  may  not  have  an  adverse  effect 
upon  the  fast  freight  service  of  the  carriers  greatly  to  the 
disadvantage  of  many  lines  of  Industry.     There  Is  little 


34 


National  Associatiox  of  Railway  Commissioxeks 


doubt  but  that  in  most  cases  the  share  of  the  railways  of 
the  express  earnings  is  considerably  greater  than  their 
earnings  would  amount  to  if  express  matters  were  shipped 
by  freight.  That  under  such  conditions  the  express 
service  with  its  high  charges  should  have  a  bad  effect 
upon  fast  freight  service  with  its  lower  charges  is  more 
than  likely.  Here  there  are  evidently  many  opportunities 
for  improvement.  Public  Interests  manifestly  require  the 
express  service  to  be  reorganized  upon  a  less  costly  basis. 
The  question  is  how  can  this  be  done.  Two  courses  seem 
open.  One  is  to  divide  it  between  the  railways  and  the 
mail  service.  The  other  is  to  leave  it  entirely  with  the 
railway  companies.  Under  the  former  system  the  Post- 
office  Department  could  handle  packages  weighing  up  to 
12  or  15  pounds,  while  the  railways  might  operate  a  fast 
freight  service  for  the  heavier  packages  or  commodities. 
The  postal  department  has  offices  in  all  parts  of  the  coun- 
try, and  in  all  sections  of  the  larger  cities.  It  has  city  as 
well  as  rural  service,  and  elaborate  collection  and  distribu- 
tion service.  Its  service  extends  into  sections  which  the 
express  companies  can  never  hope  to  reach.  It  could  per- 
form the  package  service  at  a  cost  that  is  both  actually 
and  relatively  lower  than  that  of  the  express  company;  is 
a  proposition  about  which  there  can  be  but  little  or  no 
dispute. 

The  express  service  to-day  is  little  more  than  a  duplica- 
tion of  the  mail  service.  This  duplication,  in  the  very  na- 
ture of  things,  must  to  a  considerable  extent  at  least  be  a 
social  burden.  The  postal  department  could  not  only  per- 
form the  package  business  cheaper  than  the  express  com- 
panies, but  having  many  more  offices  could  also  perform  It 
more  effectively;  that  the  railways  could  easily  make 
arrangements  for  a  reasonably  prompt  handling  of  the 
heavier  commodities  at  lower  than  the  present  express 
rates  will  hardly  admit  of  much  doubt.  The  fact  is  that 
the  railways  could  probably  assume  the  handling  of  both 
the  heavier  commodities  and  the  lighter  packages  at  a 
lower  cost,  and  with  greater  satisfaction  than  the  express 
companies  to  the  public.  Their  present  organization  is 
nearly  complete  enough  for  this.  At  any  rate,  the  addi- 
tional equipment  they  would  need  to  that  end  would  not  be 
great.  There  might  also  be  savings  in  express-car  mileage, 
particularly  for  the  smaller  packages  if  the  express  and 
mail  traffic  were  combined.  This  would  tend  to  lead  to  im- 
provements in  the  fast  freight  service,  a  matter  that  is  of 
great  industrial  and  commercial  importance.  It  would  do 
away  with  many  duplications  that  are  necessary  under  the 
present  system,  and  hence  would  result  in  many  economies. 
The  assumption  of  this  extra  work,  either  in  whole  or  In 
part,  would  raise  no  new  problems  which  the  railways 
would  find  difficult  to  solve;  whether  the  railways  shall  per- 
form the  express  service  themselves  or  delegate  it  to  some 
agent,  as  they  do  now,  is  entirely  a  matter  of  expediency. 
There  is  no  necessity  for  such  delegation.  Your  committee 
has  not  pursued  this  subject  far  enough  to  arrive  at  any 
conclusions,  but  recommends  that  the  importance  of  the 
sugject  demands  that  the  Investigation  of  the  same  be  con- 
tinued. 

FIFTH  SUBJECT. 

CLASSIFICATION    AND    GRADUATE   SCALE. 

Many  of  the  people  are  of  the  opinion  that  the  grad- 
uates are  not  based  upon  an  equitable  relation  to  the  mer- 
chandise rates.  All  articles  carried  under  what  is  known 
as  "general  specials"  are  charged  for  on  the  basis  of  actual 
weight;  this  in  connection  with  the  fact  that  the  "general 
specials"  are  less  than  the  merchandise  rates,  accentuates 
the  difference  in  charges  on  shipments  of  less  than  50 
pounds  to  so  great  an  extent  that  in  many  instances  these 
differences  appear  to  be  glaringly  discriminatory.  There 
are  those  who  advocate  that  the  graduate  scale  is  not  neces- 
sary; is  unfair  and  should  not  be  used  in  the  making  of 
rates;  that  in  lieu  of  the  graduate  sale,  the  rates  could  be 
made  on  a  per  hundred  pounds  basis,  the  same  as  freight, 
fixing  the  rate  at  so  much  per  hundred  on  a  mileage  basis 
with  a  minimum.  It  is  apparent  that  in  the  making  of 
the  classification,  no  consideration  is  given  to  the  quality 
of  the  commodity  from  a  transportation  standpoint,  that  is 
to  say,  the  value  per  pound  or  per  package,  also  the  com- 
parative bulk  and  weight  of  the  commodity  is  given  no 
consideration  whatever,  but  that  the  only  consideration  is 
what  will  move  the  business.  The  equity  of  this  policy 
is  doubtful.  It  seems  to  result  in  a  very  uncertain  and 
apparently   discriminatory  relation   of  rates.     Cheap  and 


heavy  articles,  the  transportation  of  which  involves  small 
risk,  are  in  many  Instances  charged  for  at  much  higher 
rates  than  other  articles  of  greater  value,  and  which  in- 
volves much  greater  risk,  and  which  occupy  more  space  per 
pound.  It  hardly  seems  fair  that  an  article  worth  50  cents 
should  be  charged  for  at  a  much  higher  rate  than  another 
article  worth  ten  times  as  much  and  occupying  twice  as 
much  space. 

Illustrating  the  differences  between  the  merchandise 
and  the  general  special,  a  55-pound  package  by  express, 
under  the  merchandise  costing  85  cents  to  ship  by  express, 
if  classed  as  general  specials  would  cost  but  41  cents,  a 
little  less  than  half  the  merchandise  rate.  To  make  that 
more  plain,  take  a  case  of  canned  goods,  for  instance, 
weighing  55  pounds,  worth  $1.50,  and  the  rate  85  cents.  If 
this  same  package  should  be  veal,  egg  or  any  other  com- 
modity classed  as  general  specials,  the  rate  would  be  41 
cents.  In  the  opinion  of  your  committee,  the  graduate  scale 
and  the  express  classification  need  a  very  complete  revision 
in  order  that  absolute  justice  may  be  afforded  all  shippers. 
It  must  be  apparent  that  this  cannot  be  accomplished  ex- 
cept by  a  general  and  concerted  action.  All  local  conditions 
are  practically  the  same  in  all  parts  of  the  country,  and 
can  reasonably  demand  the  same  rule.  Your  committee 
believes  that  the  so-called  "postal  rates"  or  the  ounce  rates 
in  Section  D  of  the  classification  are  admittedly  wrong  and 
discriminatory.  We  believe  the  express  companies  feel  this 
to  be  the  case. 

Mr.  Stockton  testified  as  follows: 

The  ounce  rates  in  Section  T>  of  the  classification  were  rates 
originally  established  by  the  express  companies  upon  certain 
classes  to  stimulate  business.  There  were  certain  classes  of 
gamples  sent  out  by  various  dealers  of  small  value  and  which 
were  used  by  salesmen  to  stimulate  their  general  business.  The 
government  makes  a  rate  of  1  cent  per  ounce  on  merchandise 
shipments,  and  the  express  companies  made  the  same  rate. 
That  is  a  prepaid  rate  of  1  cent  per  ounce  with  a  minimum 
charge  of  15  cents  to  leirge  shippers  and  dealers  who  were  reg- 
ular shippers,  and  the  classification  card  was  so  wordfed  that 
agents  were  not  permitted  to  extend  those  rates  to  the  general 
public  at  large.  This  was  discriminatory — there  is  no  question 
about  it.  These  rates  were  made  to  large  dealers  who  had  a 
half  wagon  load  of  these  small  packages.  They  could  be  picked 
up  at  one  time  and  a  large  part  of  the  haul  would  be  compara- 
tively inexpensive;  therefore  we  felt  we  were  justified  in  making 
a  very  low  rate.  When  the  interstate  commerce  law  included 
the  express  companies  under  Its  jurisdiction  that  clause  in  the 
old  classification  card  was  one  of  the  first  things  that  occurred 
to  the  attorneys  of  the  express  companies  as  beintr  unjustifi- 
able discrimination,  and  they  were  told  they  must  either  cancel 
those  rates  or  extend  them  to  the  entire  public,  and  so  the  rates 
stand. 

In  the  opinion  of  your  committee,  these  low  rates  can- 
not be  justified,  and  should  either  be  eliminated  or  raised. 

SIXTH  SUBJECT. 

ROTTTINQ  OF  SHIPMENTS. 

The  present  policy  of  express  companies  Is  to  transport 
shipments  destined  to  an  exclusive  office  via  the  line  of  the 
company  operating  the  exclusive  office,  even  though  there 
be  a  joint  route  even  40  or  50  per  cent  shorter,  both  in 
the  matter  of  distance  and  time.  To  illustrate:  If  from 
a  given  point  at  which  all  the  principal  companies  are  rep- 
resented to  an  exclusive  Adams  office,  the  distance  be  1,700 
miles  and  the  distance  via  the  United  States  Company  to 
a  junction  plus  the  distance  from  the  junction  to  the  exclu- 
sive office  be  only  1,100  miles,  the  Adams  will  require  ship- 
ments to  be  transported  the  1,700  miles  In  order  that  it 
may  enjoy  the  entire  haul  and  will  not  establish  joint 
rates  via  the  lines  of  the  two  companies.  It  can  readily  be 
perceived  that  this  policy  results  In  an  economic  waste 
and  even  puts  shippers  to  an  unnecessary  disadvantage  and 
delay.  It  is  certain  there  are  thousands  of  points  In  the 
United  States  to  which  shipments  are  transported  via 
round-about  routes,  often  to  the  disadvantage  of  the  ship- 
per. One  of  the  representatives  of  the  express  companies 
present  at  the  hearing,  when  asked  the  question,  "Is  it  the 
position  of  the  express  companies  that  the  matter  of  rout- 
ing should  be  left  entirely  to  them  ?"  said :  "We  think  so— 
yes — that  is  our  opinion.  We  think  there  should  be  some 
features  of  our  business  that  we  ought  to  be  allowed  to 
conduct,  and  that  is  one." 

It  is  the  opinion  of  your  committee  that  the  rules  should 
be  so  modified  as  to  permit  a  shipper  to  direct  the  routing 
of  his  shipment,  particularly  when  the  character  of  the 
goods  shipped  or  the  question  of  time  are  factors  demand- 
ing that  the  most  direct  route  be  chosen. 


Proceedings  of  the  Twenty-Third  Annual  Convention 


35 


FURNISHING  TARIFFS  AND  RATES  TO   SHIPPERS. 

Your  committee  is  of  the  opinion  that  all  shippers 
should  be  able  to  get  rates  between  any  two  points,  If  Inter- 
ested in  traffic  movement,  by  application  to  the  local  agent, 
and  that  all  shippers  whose  business  is  sufficiently  large 
to  make  the  same  reasonably  necessary,  should  be  fur- 
nished with  tariffs  upon  application  to  the  company. 

In  the  matter  of  refunds,  either  on  account  of  loss,  dam- 
age or  overcharge,  we  are  of  the  opinion  that  the  consignee 
or  shipper  is  entitled  to  notice  from  the  company  within  a 
reasonable  time,  and  in  the  matter  of  cl^ijps  we  believe 
that  no  less  than  120  days  should  be  allowed  in  which  to 
file  a  claim  of  any  character,  and  that  it  is  unfair  to  the 
shipper  to  require  that  he  furnish  the  original  receipt  when 
filing  claim,  but  that  only  the  original  receipt  or  a  dupli- 
cate of  the  same  should  be  required  when  claim  is  paid. 
We  believe  the  records  of  the  express  company  should  be 
kept  in  such  way  as  to  insure  a  shipper  receiving  prompt 
notice  in  the  event  shipment  is  lost  in  transit  or  refused 
at  destination.  It  would  seem  only  fair  that  there  be  a 
reasonable  limit  of  time  fixed  in  which  an  express  company 
should  pay  a  just  claim  of  any  character.  Your  committee 
had  shippers  before  it  who  advocated  this  limit  should  be 
40  days,  and  that  in  the  event  of  failure  to  pay  the  clalrii 
within  that  time  a  penalty  of  $100  should  be  fixed  by  stat- 
ute, to  go  to  the  person  filing  the  complaint.  Your  com- 
mittee is  not  prepared  to  recommend  at  this  time  Just  the 
character  of  penalty  that  should  be  imposed  or  just  what 
the  time  limit  should  be. 

CONCLUSIONS. 

In  view  of  the  fact  that  your  committee  has  been  unable 
to  give  all  parties  desiring  a  hearing  opportunity  to  be 
heard,  and  the  further  fact  that  both  express  companies 
and  railway  companies  wish  further  opportunity  to  present 
their  views  upon  the  questions  involved,  your  committee 
recommends  that  the  whole  matter  be  recommitted  to  a 
like  committee  composed  of  such  number  of  members  as 
the  convention  may  deem  best,  with  instructions  to  begin 
at  an  early  date  the  work  of  completing  or  continuing  this 
Investigation,  to  the  end  that  some  definite  and  valuable 
data,  and,  if  possible,  conclusions  and  recommendations, 
be  arrived  at  for  presentation  to  the  next  annual  meeting 
of  this  association. 

All  of  which  Is  respectfully  submitted. 

Committee. 
C.   F.  Staples,   Chairman. 

Mr.  Staples  (continuing).  Now,  that  report  is  sub- 
scribed to  by  several  more  than  a  majority  of  a  very  large 
committee,  and  I  wish  to  read  two  short  letters  from  two 
members,  who  subscribe  to  the  report  conditionally. 

One  letter  is  from  Mr.  Decker,  who  was  a  member  of 
the  subcommittee.  Leaving  out  the  address,  the  letter 
says: 

I  have  read  the  report  very  carefully  and  feel  that  you 
have  put  a  great  deal  of  thought  in  it,  and  under  the  circum- 
stances, considering  that  the  committee  has  had  so  little  oppor- 
tunity to  make  investigation,  I  think  your  report  as  a  whole  is 
aa  good  as  could  have  been  prepared. 

I  have  a  suggestion,  and  one  which  I  am  rather  Insistent 
upon.  I  am  not  sure  that  your  condemnation  of  the  Section  D 
or  postal  rates  is  right.  First,  I  am  not  sure  that  the  carrying 
of  the  small  packages  at  ounce  rates  is  actually  below  cost, 
and  on  the  other  hand,  these  rates  are  a  very  great  convenience 
to  the  large  mercantile  houses.  They  are  also  a  very  great  con- 
venlece  to  the  ordinary  shipper  of  small  packages.  One  reason 
why  they  are  not  more  used  by  the  general  shipper  is  that  he 
does  not  know  of  their  existence.  A  great  many  people  shipping 
books  and  other  packages  would  use  the  ounce  rates  if  they 
knew  about  them.  Traffic  of  that  description  will  not  bear  the 
higher  express  rates.  It  may  be  that  these  ounce  rates  will 
become  useless  if  the  federal  government  will  establish  a  par- 
cels post.  That,  however,  has  not  yet  been  accomplished,  and 
until  it  is  accomplished  I  think  the  Section  D  or  ounce  rates 
should   remain. 

I  recommend,  therefore,  that  your  criticism  of  the  Section 
D  rates,  which  commences  on  page  18  with  the  words,  "Your 
committee  believes  that  the  so-called  postal  rates,  or  the  ounce 
rates  in  Section  D  of  the  classification,  are  admittedly  wrong 
and  discriminatory,"  and  the  following  quotation  from  Mr. 
Stockton's  statement  should  be  eliminated. 

Even  If  your  criticism  Is  correct  that  they  are  wrong  ejid 
discriminatory,  I  do  not  think  we  need  Indulge  in  that  conclu- 
sion at  this  time,  when  we  are  not  prepared  to  make  any 
other  specific  recommendations.  I  do  not  like  to  suggest  to  the 
express  companies  that  any  of  their  advantageous  rates  should 
be  eliminated  or  raised  while  they  keep  in  effect  rates  which  I 
think  are  altogether  too  high.  The  general  remedy  should  be  ap- 
plied over  the  whole  system  of  rates  before  any  particular  rates 
are  disturbed  as  a  result  of  this  preliminary  report.     Personally, 


I  should  like  to  have  very  much  more  discussion  as  to  the  fact 
of  their  being  wrong  and  discriminatory  and  so  low  that  they 
cannot  be  justified. 

That  Is  Mr.  Decker's  comment  upon  the  report. 

Then  I  have  a  letter  from  Judge  Clements,  who  was  also 
a  member  of  the  committee.  Leaving  out  the  address,  he 
says: 

I  have  carefully  read  and  considered  the  proposed  report, 
kindly  forwarded  by  you  under  date  of  the  14th  Instant,  re- 
specting the  matter  of  express  service  and  express  rates,  and 
I  am  sure  that  the  paper  proves  the  interest  taken  in  the  matter 
by  you  and  those  who  have  aided  you  in  the  investigation  which 
you  have  conducted,  and  will  be  most  helpful  to  the  convention 
in  presenting  questions  for  further  consideration  as  recom- 
mended in  the  report.  While  I  do  not  desire  to  express  dissent 
from  what  Is  said,  I  am  not  altogether  convinced  yet  as  to  the 
practicability  and  advisability  of  committing  ourselves  to  all 
that  is  Involved  In  what  Is  designated  as  the  cost  theory  of 
making  rates,  and  therefore  would  prefer  to  sign  this  report 
In  such  manner  as  to  avoid  subscribing  to  all  that  Is  said  In 
respect  to  this  theory,  in  order  that  I  may  more  fully  consider 
It,  and  especially  do  I  desire  to  take  this  course  because  of  the 
pendency  before  this  commission  of  a  proceeding  in  which  in- 
vestigation is  now  being  made,  and  which  will  probably  of 
necessity  Involve  the  consideration  of  some  of  the  Important 
questions  considered  In  this  report,  both  as  to  matters  of  fact 
and  theories  of  rate  construction.  I  feel  sure  that  under  these 
circumstances  you  will  appreciate  my  situation,  and  I  therefore 
suggest  that  if  the  paper  has  not  been  completed  and  given  the 
prmter,  and  it  Is  not  too  late,  the  Inclosed  statement  be  appended 
to  the   report  as   expressing  my  attitude  in   the  matter. 

The  inclosure  referred  to  is  as  follows: 

In  view  of  the  fact  that  there  is  now  before  the  Interstate 
Commerce  Commission  a  proceeding  in  which  it  Is  making 
Investigations,  and  in  which  is  involved  some  of  the  Important 
questions  both  of  law  and  fact  which  are  discussed  In  this 
report,  I  deem  It  Inappropriate  for  me  at  this  time  to  express 
an  opinion  or  conclusion  thereon.  I  therefore  join  only  In  the 
recommendation  of  the  committee  that  the  subject  of  the  report 
be  recommitted  for  further  consideration. 

JncsoN  C.  Clements. 

In  connection  with  those  letters,  I  want  to  say  that  the 
date  got  so  very  late  that  the  report  had  been  sent  to  the 
printer  and  it  was  too  late  to  modify  the  report  and,  more 
than  that,  the  other  members  of  the  committee  had  already 
subscribed  to  the  report,' 

Furthermore,  I  do  not  consider  that  there  is  anything  In 
this  report  which  even  binds  this  committee,  or  any  mem- 
bers of  the  committee,  and  I  shall  not  be  surprised  if  the 
other  members  of  the  committee  express  now,  after  hear- 
ing discussion  here  to-day,  views  which  may  antagonize 
some  of  the  positions  set  forth  in  it. 

I  think  a  proper  motion  would  be  to  move  its  adoption 
at  this  time  in  order  that  it  may  be  formally  before  the 
convention,  and  I  make  such  a  motion. 

Mr.  Decker,  of  New  York.  Perhaps  I  ought  to  make  at 
this  time  some  few  remarks  with  reference  to  my  objection 
to  that  portion  of  the  report  which  concludes,  "That  the 
eo-called  postal  rates,  or  the  ounce  rates  in  Section  D  of 
the  classification,  are  admittedly  wrong  and  discrimina- 
tory," and  which  further  goes  on  to  state  the  opinion  of 
the  committee,  which  is  now  here  before  us  for  adoption. 
"That,  in  the  opinion  of  your  committee,  these  low  rates 
cannot  be  justified  and  should  either  be  eliminated  or 
raised." 

Let  me  say  in  connection  with  Section  D  rates  that  the 
only  reference  as  to  matters  of  fact  in  the  report  Is  to  Mr. 
Stockton's  testimony,  who,  as  we  know,  is  an  attorney  of 
one  of  the  express  companies,  and  there  he  indicates  that 
the  origin  of  these  rates  was  in  the  desire  of  certain  ship- 
pers to  send  out  samples.  The  other  fact  is  the  present 
situation  that  these  Section  D  or  postal  rates  are  very 
largely  used  by  mercantile  houses  and  manufacturing  enter- 
prises throughout  the  United  States,  and  they  are  also  used 
by  shippers. 

Now,  it  is  a  great  convenience  to  these  mercantile  houses, 
and  if,  with  the  tremendous  encouragement  which  an  in- 
dorsement of  that  view  would  give,  the  express  companies 
should  eliminate  or  materially  raise  these  rates,  which  are 
among  the  more  favorable  rates  which  the  express  compa- 
nies now  do  afford  to  shippers  voluntarily,  there  will  be  a 
good  deal  of  discontent  in  the  mercantile  world. 

This  association  has  not  gone  fully  into  the  matter  of 
express  rates  and  service  by  its  committee  because  of  lack 
of  time.  I  suggest  to  all  of  you  gentlemen  that  we  ought 
not  to  come  to  a  conclusion  upon  a  particular  branch  of 
express  rates  until  we  have  reached  conclusions  concerning 
rates  which  are  very  much  higher. 

I  feel  it  would  be  a  step  backward  for  this  association 


36 


Natioxal  Associaxiux  of  Kailwav  L'o.m-mi^»io.nei;.s 


to  pick  out  certain  low  rates,  in  the  view  that  they  may  be 
wrong  and  discriminatory,  and  recommend  that  those  rates 
be  raised  rather  than  that  the  higher  rates  be  reduced. 

I  think  we  should  cover  the  field,  and  that  the  contin- 
ued committee  should  take  this  subject  under  consideration, 
along  with  the  other  great  subjects  which  will  be  before 
that  committee  for  Investigation  and  discussion. 

Certainly  I  do  not  feel  (and  I  think  I  Indicated  In  my 
letter  to  the  chairman  of  the  committee  the  idea)  that  we 
should  authorize  the  changing  of  certain  rates  by  our  ac- 
tion here  to-day,  which  is  going  to  cause  the  shippera 
greater  hardship  unless  we  have  something  of  benefit  to 
put  in  its  place. 

Just  a  word  upon  the  idea  of  discrimination.  I  ^o  not 
think  we  are  prepared  to  say  definitely  and  with  certainty 
that  the  express  companies  cannot  afford  to  carry  these 
small  packages  at  the  so-called  ounce  rates.  There  may  be 
an  Impression  that,  compared  with  the  other  rates,  they 
are  too  low;  but  that  does  not  conclude  the  whole  question. 
The  other  rates  may  be  very  much  too  high.  On  that  I 
express  no  personal  opinion  whatsoever. 

Now,  we  know  that  there  are  discriminations  In  railroad 
rates  which  have  been  embedded  in  transportation  condi- 
tions by  long  custom.  I  need  only  mention  to  you  two  or 
three  instanced.  The  matter  of  carload  mixtures  is  cer- 
tainly a  discrimination  against  the  shipper  who  only  deals 
In  one  kind  of  article  which  is  Included  among  those  which 
may  be  sent  together  in  a  carload;  and  no  one  ever  hears 
of  any  fault  being  found  with  that. 

The  mlUlng-in-transit  privilege  Is  theoretically  a  dis- 
crimination— a  very  serious  discrimination — and  one  which 
from  time  to  time  has  had  its  influence  on  the  local  rates 
to  and  from  the  milling  points.  When  I  speak  of  milling 
In  transit,  I  may  also  speak  of  manufacturing  in  transit; 
but  it  Is  a  custom  which  trade  conditions  have  forced;  they 
are  all  in  our  transportation  system,  and  I  think  we  would 
find  It  pretty  diificult  to  get  them  out. 

So  a  general  conclusion  that  one  particular  set  of  rates 
may  be  too  low,  and  therefore  are  too  low,  seems  to  me  to 
be  somewhat  hasty,  and  picking  that  out  as  something  to 
act  upon  at  once,  while  the  rest  remains  for  the  succeeding 
committee,  to  my  mind  is  a  mistake;  certainly  a  mistake 
for  an  association  of  railroad  commissioners  to  make  on 
Its  own  motion. 

I  therefore  would  move,  as  an  amendment  to  the  motion 
pending,  that  the  approval  of  the  report  shall  except  that 
portion  which  refers  to  and  expresses  conclusions  on  Sec- 
tion D,  or  ounce  rates. 

Until  the  postal  service  of  the  United  States  takes  up 
actually  parcels  posts  and  gives  it  to  us  there  is  a  very  real 
thought  in  the  idea  that  we  should  hang  onto  whatever 
gives  us  a  privilege  in  the  express  service  with  respect  to 
certain  small  packages.  And  let  me  tell  you  one  thing: 
That  while  the  parcels  post  may  carry  and  deliver,  I  have 
not  yet  heard  that  the  parcels  post  collects.  I  think  it  is 
the  custom  of  the  express  companies  to  collect  the  small 
parcels  sent  under  Section  D  rates  as  well  as  deliver  them 
where  collection  and  delivery  service  is  afforded. 

Mr.  Rice,  of  South  Dakota.  I  would  like  to  know  what 
■ubdlvision  of  the  report  that  is. 

Mr.  Decker.  It  commences  on  page  33  and  ends  on  the 
bottom  of  page  34. 

Mr.  Rice.    I  call  your  attention  to  page  4: 

9.  The  very  general  opinion  among  those  who  testlfled 
seemed  to  be  that  express  companies  were  not  justified  In  meet- 
ing the  postal  rates  charged  by  the  government  for  packages 
of  4  pounds  and  under,  claiming  that  the  service  rendered  by  the 
express  companies  was  more  costly  to  the  companies  and  more 
valuable  and  of  greater  value  to  the  public  than  the  cost  of  mall 
service,  and  that  the  low  rates  charged  undoubtedly  influenced 
the  companies  In  making  higher  rates  on  other  shipments,  re- 
sulting In  discrimination. 

I  think  a  few  moments'  examination  of  the  statutes  of 
the  United  States  would  show  that  such  competition  li 
absolutely  prohibited  by  common  carriers,  and  that  express 
companies  when  they  get  Into  the  business  of  competing 
with  the  postal  department  are  violating  a  law  of  the 
United  States. 

Now,  perhaps  It  is  not  proper  for  this  association,  with- 
out a  further  investigation,  but  It  seems  to  me  that  we 
should  call  the  attention  of  the  Postmaster-General  and  the 
Attorney-General  to  this  matter  and  let  them  enforce  the 
law.  If  the  law  Is  good,  let  it  be  amended  and  strength- 
ened.   If  It  is  not  good,  let  it  be  repealed. 

I  think  the  difficulty  with  this  association,  and  the  rea- 


son it  does  not  accomplish  more  good  Is  that  it  never  seems 
to  get  anywhere.  We  meet  and  appoint  committees,  they 
make  reports  and  pass  resolutions,  and  that  ends  it. 

Here  is  a  matter  of  great  Importance  to  the  public.  If 
this  association  can  at  this  meeting  thrash  out  this  one 
report  and  come  to  some  definite  conclusion,  it  will  hare 
accomplished  sufficient  good  to  warrant  its  existence. 

I  never  have  heard  anyone  give  any  reasonable  excuse 
for  the  existence  of  an  express  company.  Now,  I  believe 
these  express  companies  can  be  eliminated,  and  without 
further  legislation.  I  believe  the  statutes  of  the  State  of 
South  Dakota  are  such  now  that  we  can  require  the  rail- 
way companies  to  carry  these  small  parcels — require  them 
to  carry  them  on  their  passenger  trains;  that  we  can  re- 
quire the  railroad  companies  to  discharge  any  of  their 
duties  as  a  common  carrier.  I  believe  the  power  exists 
with  the  Interstate  Commerce  Commission  to  require  the 
railway  companies  to  discharge  this  duty  themselves. 

Now,  it  is  Impracticable  for  one  State  to  pass  a  law  or 
for  the  railway  commission  to  make  an  order  eliminating 
express  companies.  But  if  the  Interstate  Commerce  Com- 
mission would  make  such  an  order  the  States  would  follow 
it  up  at  once,  or,  in  fact,  it  would  not  be  necessary  for  the 
States  to  do  anything.  The  railway  companies  themselves, 
and  the  express  companies,  would  quit  business,  to  the 
great  benefit  of  the  public. 

I  would  like  to  see  this  report  made  a  special  order  for 
some  time  in  the  near  future,  perhaps  to-morrow  morning, 
not  late  enough  so  that  anyone  will  have  gone  home,  and 
have  the  association,  while  this  report  is  fresh  In  our 
minds,  thrash  out  some  of  these  matters  and  come  to  some 
definite  conclusion  as  to  them  at  this  time  and  at  this 
meeting.  I  do  not  believe  that  those  references  there  to 
express  companies  competing  with  the  postal  authorities 
should  be  eliminated  and  dismissed  in  this  Informal  man- 
ner.   Some  of  this  committee  must  have  investigated  this. 

The  President.  The  status  of  the  matter  is  a  motion 
to  adopt  the  report,  and  Mr.  Decker  moves  to  amend  so  as 
to  eliminate  this  Class  D  section.  The  question,  therefore, 
is  upon  the  amendment. 

Mr.  GoTHUN,  of  Ohio.  May  I  ask  a  question,  in  order 
to  get  this  matter  straight?  I  would  like  to  ask  Mr.  Decker 
if  his  motion  did  not  go  merely  to  the  last  paragraph  on 
page  34  of  the  printed  report;  you  did  not  Intend  to  elim- 
inate anything  except  these  words: 

In  the  opinion  of  your  committee  these  low  rates  cannot  be 
justified,  and  should  either  be  eliminated  or  raised. 

Mr.  Decker,  of  New  York.  It  also  takes  In  what  Intro- 
duces the  subject,  on  page  33,  at  the  very  bottom,  where  It 
says: 

Your  committee  believes  that  the  so-called  postal  rates  or 
the  ounce  rates  In  Section  D  of  the  classification  are  admittedly 
wrong  and  discriminatory. 

Mr.  GoTHLiN,  of  Ohio.  From  what  page  are  you  reading? 

Mr.  Decker,  of  New  York.  At  the  bottom  of  page  33, 
running  over  on  the  top  of  page  34. 

Mr.  GoTHLiN,  of  Ohio.  Where  would  you  begin  and 
where  would  you  limit  your  elimination?  I  would  like  to 
get  that  straight. 

Mr.  Decker,  of  New  York.  So  far  as  I  am  concerned, 
It  would  mean  eliminating  the  words  which  I  will  read, 
commencing  at  the  bottom  of  page  33: 

Your  committee  believes  that  the  so-called  postal  rates  or 
the  ounce  rates  In  Section  D  of  the  classification  are  admittedly 
wrong  and  discriminatory. 

Then,  at  the  bottom  of  page  34 : 

In  the  opinion  of  your  committee  these  low  rates  cannot 
be  justified  and  should  either  be  eliminated  or  raised. 

The  report,  of  course,  would  go  In  our  proceedings  as  It 
stands.  I  simply  move  to  except  from  the  approval  or  the 
adoption  of  the  convention  the  reference  to  Section  D  and 
the  opinions  therein  expressed. 

Mr.  GoTHLiN,  of  Ohio.  You  did  not  move,  then,  any 
elimination  at  all? 

Mr.  Decker,  of  New  York.  Oh,  no.  This  ought  to  go 
in  the  printed  report;  but  I  think  we  should  express  our 
disapproval  of  that  portion  of  the  committee's  report. 

Mr.  Staples,  of  Minnesota.  I  do  not  rise  to  discuss  the 
report  at  this  time,  but  I  wish  to  call  the  attention  of  the 
members  of  this  association  to  the  fact — not  to  boast  of  It, 
but  that  they  may  be  impressed  with  the  fact — that  our 


Proceedixgs  of  the  Twenty-Third  Axxual  roxvEXTioN 


37 


committee  expended  not  only  a  large  amount  of  time,  but 
a  great  many  hundred  dollars,  actual  cash  money,  in  the 
preparation  of  this  report.  Now,  we  are  not  complaining 
of  that  at  all. 

I  want  to  make  this  point,  that  it  is  not  my  wish  that 
this  report  shall  be  summarily  disposed  of.  We  wish  the 
report  considered.  We  wish  the  coming  committee  to  have 
the  benefit  of  the  views  of  the  members  of  this  association. 

I  want  to  say,  so  that  it  may  be  In  the  minds  of  the 
members  who  wish  to  take  part  in  the  discussion  of  this 
provision  with  reference  to  Section  D,  that^it  is  entirely 
immaterial  to  me  what  you  do  with  it,  how  yen  dispose  of 
it;  but  I  want  to  point  this  out:  Millions  of  packages 
move  under  the  Section  D  rates,  move  on  the  15-cent  mini- 
mum. Now  take  the  cases  where  5.5  per  cent  of  that  goes 
to  railway  companies,  and  they  get  8%  cents  out  of  the  15. 
All  of  those  packages  are  picked  up.  Practically  speaking, 
they  are  all  picked  up  because  they  are  produced  in  pick-up 
territory.  That  costs  between  3  and  4  cents,  and  the  ex- 
press company  pays  it.  A  very  large  proportion  of  them 
are  delivered,  which  costs  another  3  or  4  cents. 

The  entire  public,  which  shares  In  the  burden  of  con- 
tributing to  the  express  company  the  necessary  sum  they 
are  entitled  to,  helps  to  pay  that  burden  or  that  cost  and 
gets  absolutely  no  benefit;  and  it  is  perfectly  clear  to  my 
mind  that  in  a  very  large  majority  of  the  cases  there  is  not 
one  farthing  left  to  the  express  company. 

It  seems  to  me  that  we  should  consider  those  features 
very  carefully  before  we  dispose  o|  the  question,  and,  as  I 
say,  whatever  disposition  you  make  at  this  time  is  wholly 
immaterial  to  me;  but  I  think  those  facts  ought  to  be  set 
out  here  so  the  members  can  understand  something  of  our 
reason  for  presenting  such  a  suggestion  in  the  report. 

Mr.  Glasgow,  of  Michigan.  I  am  a  member  of  that  com- 
mittee, along  toward  the  tail  end  thereof,  and  was  not  able 
to  render  to  our  chairman,  Mr.  Staples,  the  services  which 
I  possibly  ought  to  have  rendered  or  would  have  rendered 
had  opportunity  permitted. 

I  think  our  chairman  will  remember  the  fact  that  when 
I  authorized  the  signing  of  my  name  to  the  report  I  said 
in  my  letter  there  were  several  points,  or  a  few  points  on 
which  I  would  differ,  but  as  the  report  had  not  been  sub- 
mitted to  me  until  after  it  had  been  printed  it  would  be 
showing  a  good  deal  of  discourtesy  to  make  very  many 
exceptions  at  that  time. 

I  think,  without  determining  whether  the  argument  of 
the  chairman  as  to  the  actual  cost  of  doing  express  busi- 
ness is  correct  or  not  correct,  if  I  take  my  experience  in 
dealing  with  express  companies  it  will  fortify  me  in  assum- 
ing that  they  are  amply  able  to  take  care  of  themselves. 
Whether  they  can  render  this  pick-up  service  for  3  or  4 
cents  or  not,  I  believe,  from  the  nature  of  express  compa- 
nies, which  I  have  learned  in  the  last  three  or  four  years, 
that  even  though  they  go  into  competition  with  the  United 
States  in  handling  small  packages  they  are  not  going  to  do 
so  if  there  is  no  revenue  in  it  whatever.  However,  let  that 
be  as  it  may.  I  think  the  very  conditions  that  brought 
into  existence  the  several  State  commissions  and  the  Inter- 
state Commerce  Commission  were  the  ideas  prevalent 
throughout  this  land  that  they  needed  watching  and  needed 
regulation,  and  not  that  we  were  organized  and  selected 
for  the  express  purpose  of  telling  them  exactly  what  it  cost 
to  do  their  business  and  if  we  found  it  was  pretty  cheap  to 
tell  them  so  and  ask  them  to  charge  more.  I  think,  on  the 
whole,  as  the  records  show,  they  have  been  able  to  get 
along. 

This  is  not  a  criticism  of  the  conclusions  drawn  by  the 
chairman  of  our  committee  or  the  subcommittee,  who  may 
have  entirely  agreed  with  it,  but  I  rise  to  speak  more  par- 
ticularly to  the  motion  of  Mr.  Decker,  of  New  York,  that 
this  association  cannot  consistently  put  itself  on  record  as 
acceding  to  the  world  at  large  that  we  believe  there  is  any 
point  at  which  the  express  companies  are  doing  business 
without  a  profit — that  is,  it  is  my  opinion  that  is  for  them 
to  show. 

I  want  to  speak  especially,  and  more  particularly  in 
clearing  the  skirts  of  the  Michigan  commission  in  sub- 
Bcribing  wholly  to  that  report  from  the  fact  that  we  have 
before  us  now  the  matter  of  the  Western  Express  Company, 
In  which  they  claim  in  operating  in  our  State  that  there 
was  no  profit  in  operating  if  they  continued  to  adhere  to 
Sections  M,  K  and  Z  of  their  tariff,  which  covers  other 
States,  adjoining  States.  If  our  commission  for  one  should 
go  on  record  as  admitting  they  were  doing  a  certain  line 


of  business  in  competition  with  the  government  that  had 
no  profit  in  it  whatever,  it  would  be  just  a  lltle  embar- 
rassing for  me  to  state  upon  this  other  question  an  abso- 
lute refusal  to  allow  them  to  eliminate  from  their  tariff 
these  sections,  because  they  claim  there  is  no  profit  in  that 
business.  It  seems  to  me  if  we  can  lead  up  to  the  point 
where  we  can  suggest  to  them  a  reduction  of  what  we  con- 
sider too  high  rates  we  can  very  easily  leave  it  to  them  to 
prove  to  us  that  certain  other  things  are  too  low. 

Mr.  Berry,  of  Illinois.  I  think  it  is  just  as  much  the 
duty  of  the  commission  in  any  State,  just  as  much  the 
duty  of  the  Interstate  Commerce  Commission,  when  they 
have  reached  a  conclusion  that  any  common  carrier  is 
doing  any  part  of  its  business  for  any  particular  class  of 
Individuals  at  less  than  cost,  to  say  so  and  to  make  them 
get  up  where  they  belong,  and  not  to  do  a  certain  amount 
of  business  for  some  at  a  loss  and  charge  others,  who  do 
not  happen  to  be  in  that  particular  business,  more  than 
they  ought  to  for  his  business. 

This  particular  business,  as  the  testimony  will  show,  which 
was  taken  before  this  committee,  was  originally  concocted 
and  gotten  up  and  put  through  by  such  establishments  as 
Montgomery  Ward's  and  that  class  of  concerns,  who  were 
sending  out  broadcast  all  over  the  United  States  all  kinds  of 
advertisements  of  every  conceivable  character,  and  this  rate 
was  given  those  large  houses,  as  the  testimony  shows.  Am 
I  not  right,  Mr.  Staples?  This  concession,  which  was  less 
than  cost,  shown  by  all  figures  before  this  committee  and 
the  subcommittee,  much  less  than  the  cost  to  the  express 
company,  was  given  to  the  strong  fellow — not  the  weak  one, 
but  to  the  fellow  who  could  afford  to  pay.  When  we  investi- 
gated the  express  companies  and  the  railroads,  we  took  the 
entire  figures  to  determine  what  they  should  charge. 

I  think  the  testimony  confessedly  shows  that  this 
class  of  business  was  too  low  so  far  as  the  express  com- 
panies were  concerned.  If  the  government  of  the  United 
States  wants  to  carry  it,  that  is  its  business.  We  are 
not  condemning  Uncle  Sam  for  carrying  it  for  what  he 
pleases.  It  is  evident  from  the  evidence  taken  in  this 
case  that  Uncle  Sam  wanted  to  get  rid  of  it.  It  was  fill- 
ing his  mail  pouches  entirely  too  full  at  a  very  low  price, 
and  the  express  companies  came  to  the  rescue  for  some 
reason — I  do  not  know  why;  I  suppose  on  the  theory  that 
they  could  carry  this  business  and  do  it  and  at  the  same 
time  get  a  large  amount  of  other  business  from  these 
same  people  that  did  pay,  and  adding  that  to  what  they 
carried  for  me  and  everybody  else  would  break  even,  and 
that  is  what  they  are  doing.  That  is  what  I  do  not  think 
they  ought  to  be  permitted  to  do.  They  ought  to  be  per- 
mitted to  charge  Montgomery  Ward  and  every  other  man 
that  sends  out  this  particular  thing  mentioned  in  Sched- 
ule D  what  it  is  worth  and  then  reduce  my  rate  on  the 
stuff  I  am  sending  out  and  charge  me  only  w^at  It  is 
worth.    That  is  the  condition,  as  Mr.  Staples  has  stated. 

Before  we  strike  this  out  let  me  say  that  I  think  it  is  a 
fact — and  for  the  purposes  of  this  argument  we  will  assume 
that  it  is  a  fact- — that  when  a  commission  finds  a  common 
carrier  in  any  branch  of  the  business  is  doing  a  certain 
class  of  it  for  too  small  a  price  and  charging  too  much  for 
others,  which  we  find  just  as  readily  in  the  express  busi- 
ness, then  in  order  to  get  everybody  on  a  fair  basis  and 
give  everybody  a  fair  deal  they  ought  to  be  made  to  go 
up,  and  I  think  it  is  just  as  much  to  the  credit  of  an  insur- 
ance company  or  railroad  commission  or  a  public-service 
commission  or  any  other  kind  of  a  commission  where  the 
people  are  doing  business  on  too  low  a  rate  to  put  them 
up.  A  number  of  commissions  of  the  United  States  have 
done  that.  The  Interstate  Commerce  Commission  has  said 
along  certain  lines  that  certain  things  were  too  low.  I 
think  before  we  strike  it  out  we  should  consider  these  sug- 
gestions very  carefully.  I  think  my  friend  from  New  York 
will  find  that  the  merchants  of  a  certain  class  are  lending 
out  legitimate  goods  that  cannot  use  this  rate  at  all. 
Unless  I  am  very  much  mistaken  in  the  evidence,  they 
could  not  use  it  to  send  out  a  piece  of  calico  or  a  piece  of 
silk  at  all.  They  have  to  use  it  in  sending  out  certain 
classes  of  printed  matter.  It  is  largely  advertising  matter 
and  not,  in  my  judgment,  regular  merchandise  at  all.  It  is 
entirely  a  higher  rate. 

Mr.  Watson,  of  Oklahoma.  I  would  like  to  ask  a  ques- 
tion for  information.  How  long  has  this  question  of  ex- 
press rates  and  express  service  been  before  this  association? 

The  President.    One  year. 


38 


National  Association  of  Railway  Commissioners 


Mr.  Watson,  of  Oklahoma,  Has  there  ever  been  a  com- 
mittee appointed  on  It  prior  to  this  one? 

The  President.    Not  that  I  am  aware  of. 

Mr.  Watson,  of  Oklahoma.  Has  there  ever  been  a  com- 
mittee, and  before  I  left  home  I  told  some  of  my  friends 
that  I  was  going  to  Washington  to  attend  the  meeting  of 
the  National  Association  of  Railway  Commissioners,  and 
that  I  was  a  member  of  this  committee.  They  urged  me  to 
try  to  do  something  to  reduce  the  express  rates  in  the 
United  States.  To  agree  to  continue  this  committee  for  an- 
other year  I  do  not  think  would  be  rendering  my  constit- 
uents at  home  justice.  I  think  we  ought  to  do  something 
at  this  time. 

I  heartily  concur  with  some  of  the  speakers  before  me 
that  we  ought  not  to  permit  a  rate  to  be  in  existence  where 
it  is  below  all  cost  of  carriage,  and  then  when  the  compa- 
nies say  they  are  losing  money  in  carrying  that  particular 
commodity  at  that  particular  rate  to  raise  the  rate  on  some- 
thing else  to  cover  the  loss  on  that.  I  think  each  com- 
.  modify  should  bear  Its  own  proportion  of  the  cost  of  the 
business  and  not  permit  one  commodity  to  carry  a  rate  at 
a  loss  In  order  to  move  that  commodity  and  add  the  rate 
onto  another  commodity.     I  think  that  would  be  unjust. 

But  if  we  are  going  to  take  action  on  that  question  at 
this  time,  we  have  another  committee — the  committee  on 
legislation — that  might  possibly  want  to  make  some  recom- 
mendation that  might  settle  this  question  anyway,  and  I 
would  prefer,  before  we  take  any  further  action  on  the 
question  now  before  us,  to  wait  until  the  committee  on  leg- 
islation makes  its  report.  The  committee  on  legislation 
likely  will  want  to  make  a  report  to  compel  the  railroad 
companies  to  handle  express  business  or  to  take  that  busi- 
ness over,  and  if  they  do,  then  our  discussion  on  this  sub- 
ject is  all  lost.  I  would  like,  for  my  part,  to  have  this 
question  continued  until  the  committee  on  legislation 
makes  its  report,  and  let  us  see  what  the  members  of  that 
committee  are  going  to  do  with  the  express  business. 

Mr.  Daniels,  of  New  Jersey.  I  hope  the  association  will 
feel  inclined  to  adopt  Mr.  Decker's  amendment  for  two  or 
three  reasons.  My  first  reason  is,  I  think  the  express  com- 
panies, where  they  do  make  this  postal  rate,  do  not  make 
It  to  tfie  casual  shipper  unless  he  happens  to  know  there  is 
such  a  rate  in  existence.  The  casual  shipper  will  go  to  an 
express  office  with  a  package  and  he  will  be  asked  the  25- 
cent  rate;  but,  then,  if  he  asks  if  there  is  not  a  postal  rate 
In  existence,  it  will  then  be  brought  out  from  underneath 
the  counter.  There  certainly  Is  a  very  good  margin  of 
profit  where  they  do  not  happen  to  quote  the  postal  rate 
to  the  ignorant  patron  of  the  express  company. 

I  think,  in  the  second  place,  where  the  express  compa- 
nies have  not  either  collected  or  delivered  there  is  a  3-cent 
margin  of  profit  which  may  very  likely  cover  the  express 
company's  expense  over  and  above  what  they  pay  to  the 
railroad  company. 

In  the  third  place.  It  seems  to  me  particularly  anoma- 
lous that  In  a  convention  of  railroad  commissioners  we 
should  single  out  the  express  companies  and  in  all  their 
business  single  out  their  confessedly  low  postal  rates  as  be- 
ing the  first  point  to  require  our  attention,  and  that  In  the 
direction  of  raising  those  rates.  If  those  rates  are  not 
remunerative  these  express  companies  are  not  going  per- 
manently to  maintain  them,  and  there  are  tribunals  before 
which  they  can  go,  and  if  they  can  show  it  is  a  losing  and 
non-remunerative  proposition,  they  can  have  those  rates  set 
aside. 

It  seems  to  me  the  amendment  should  be  adopted. 

Mr.  Rice,  of  South  Dakota.  It  is  the  old  question  of  the 
Standard  Oil  Company.  Where  there  was  competition  they 
did  business  at  a  loss  and  put  it  on  at  other  points.  The 
only  competition  existing  as  to  express  companies  is  the 
competition  of  the  United  States  Government  on  these 
postal  rates.  I  believe  there  are  statutes  that  prohibit  the 
express  companies  from  competing  with  the  government  of 
the  United  States.  I  would  like  to  see  the  attention  of  the 
authorities  called  to  this  matter  and  find  out  whether  that 
1b  not  so. 

I  did  not  exactly  understand  the  amendment  at  the  time 
I  rose  to  speak  before.  Perhaps  that  is  my  fault;  but  this 
l8  what  you  want  to  strike  out,  as  I  understand  It: 

Your  committee  believes  that  the  so-called  postal  rates,  or 
the  ounce  rate.-!,  In  Section  D  of  the  classification  are  admittedly 
wrong  and  discriminatory.  We  believe  the  express  companies 
feel  this  to  be  the  case. 

Suppose  we  strike  that  out,  don't  you  suppose  this  com- 


mittee will  believe  just  the  same  afterwards  as  they  do  now? 
It  seems  to  me  that  by  adopting  this  report  we  only  adopt 
the  recommendation  over  here  that  this  committee  should 
be  continued.  Are  we  going  to  say  to  this  committee  that 
they  do  not  believe  that,  and  that  It  is  not  their  opinion? 
There  is  a  recommendation  which  this  committee  has 
arrived  at,  and  they  want  the  committee  continued  to 
investigate  this  matter  further  and  find  out  whether  it  is 
so  or  not,  and  to  then  make  a  further  report. 

Mr.  Robinson,  of  South  Dakota.  Just  one  word  in  rela- 
tion to  the  class  of  goods  shipped  under  this  classification 
and  the  original  purpose  of  the  class.  As  I  understand  It, 
it  was  solely  for  the  purpose  of  shipping  advertising  mat- 
ter and  sample  goods.  The  express  companies  anticipated 
no  profit  from  this  transaction,  but  they  anticipated  a  profit 
from  the  trade  that  it  would  produce.  When  those  compa- 
nies came  under  the  supervision  of  the  Interstate  Com- 
merce Commission  the  restriction  was  removed;  hence  the 
necessity  of  a  change  in  the  tariff. 

Mr.  Finn,  of  Kentucky.  It  seems  to  me  there  Is  a  little 
too  much  seriousness  attached  to  the  recommendation 
that  these  rates  are  too  low,  when,  as  a  matter  of  fact, 
with  the  same  earnestness,  the  report  condemns  rates  that 
are  too  high.  It  is  only  the  relationship  which  this  char- 
acter of  rates  bears  to  other  rates  that,  according  to  my 
understanding,  was  condemned  by  the  committee  that 
signed  this  report.  It  is  true  that  this  report  does  state 
that  this  character  of  rates  charged  by  the  express  compa- 
nies is  too  low.  How  is  it  too  low?  Not  only  estimating 
it  from  the  possibility  of  the  cost  of  service,  but  especially 
comparatively,  this  rate  is  too  low. 

I  take  It  that  no  member  of  this  committee  who  signs 
this  report  would  be  charged  with  being  willing  for  the  ex- 
press companies  to  raise  this  rate  and  not  lower  the  rates 
that  are  too  high.  As  a  matter  of  fact,  in  the  discussion 
of  a  question  like  this  before  this  convention,  nothing  In 
the  world  can  be  done  which  will  cause  the  express  com- 
panies either  to  raise  or  to  lower  any  given  rate.  Before 
that  can  be  done  some  legislation  must  be  enacted,  either 
State  or  Federal. 

That  this  character  of  merchandise  is  carried  lower 
than  any  other  character  of  merchandise  is  admitted  by  all. 
I  do  not  think  there  can  be  any  dispute  about  that.  If  It 
is  carried  relatively  lower  than  any  other  character  of  mer- 
chandise, then  it  does  not  bear  the  proper  relationship  to 
the  other  merchandise  which  is  transported  by  the  express 
companies.  The  purpose  and  effect  of  this  report  Is  not 
that  this  shall  be  raised  any  more  than  that  which  is  too 
high  shall  be  lowered,  but  according  to  my  view  as  one  of 
the  committee  that  signed  the  report,  the  purpose  of  it  is 
to  make  the  different  characters  of  articles  which  are  trans- 
ported bear  a  proper  relation  to  each  other  so  far  as  the 
cost  of  transportation  is  concerned. 

Mr.  Stutsman,  of  North  Dakota.  I  think  there  are  sev- 
eral reasons  why  this  amendment  should  prevail.  Person- 
ally, I  am  opposed  to  any  raising  of  a  rate  for  the  purpose 
of  removing  a  discrimination,  and  especially  under  circum- 
stances such  as  these,  where  the  discrimination  may  be 
removed  by  the  voluntary  act  of  the  carrier. 

It  will  be  recalled  that  in  the  Minnesota  rate  case, 
which  is  now  pending  in  the  Supreme  Court,  Judge 
Sanborn  in  his  decision  states  as  a  fact  that  the  reason 
the  rates  in  Minnesota  are  a  burden  upon  interstate 
commerce  is  by  reason  of  competitive  rates  in  other 
States  which  the  carriers  desire  to  raise  or  to  keep  at 
a  certain  level,  and  therefore,  in  order  that  there  may 
be  no  discrimination,  the  carrier  must  voluntarily  reduce 
the  rates  in  other  States,  and  by  this  process  of 
reasoning  he  figures  it  out  that  there  is  a  burden  upon 
Interstate  commerce. 

This  is  a  similar  situation.  There  is  now  pending 
In  the  same  court  an  appeal  from  the  decision  of  Mr. 
Finn's  commission  in  Kentucky,  where  the  question  in- 
volved is  a  discrimination  as  between  rates  In  Kentucky 
and  points  in  Ohio  and  Indiana.  The  contention  la 
made  there  that  the  discrimination  is  one  that  can  be 
obviated  by  the  companies  themselves.  That  is  true 
here.  This  discrimination,  if  it  is  one — and  I  do  not 
concede  that  to  be  one — is  one  that  can  be  obviated 
by  the  express  companies  themselves.  It  is  entirely  vol- 
untary on  the  part  of  the  express  companies  to  put 
In  a  rate  on  which  they  operate  at  a  loss. 

I  do  not  agree  with  some  of  the  members,  who  have 
stated    that   this    Is    not    open    to   all.      My   information, 


I'rocekdings  ok    Tin;  Twenty-Third  Annual  Coxvicxtion- 


39 


direct  from  some  of  the  officials  of  the  express  com- 
panies, Is  that  this  is  a  rate  which  they  put  in  effect 
for  the  benefit  of  all  people,  and  while  it  may  have 
b«en  put  in  effect  originally  for  the  benefit  of  certain 
Interests,  it  is  now  a  rate  that  can  be  used  by  everybody 
as    to   that    class    of   merchandise. 

It  may  be  discriminatory  as  to  certain  classes  of 
merchandise,  but  it  is  not  discriminatory  as  to  localities 
nor  as  to  the  people  who  have  the  privilege  of  using  it. 

It  is  within  the  power  of  the  express  companies 
themselves  to  cease  to  do  this  business  if  they  do  not 
want  to  do  it.  They  have  gone  into  conipetition  with 
the  postal  service  and  postal  rates  of  the  TSnited  States 
Government  for  the  purpose  of  getting  some  business 
that  the  postal  service  can  handle.  It  will  be  a  very 
poor  policy  if  this  body  of  commissioners  shall  set 
Itself  up  on  the  very  first  proposition  and  say  that  a 
rate  now  being  charged  by  an  express  company  to  meet 
competition  is  too   low   and  must  be  raised. 

There  is  no  way  by  which  we  can  determine  how 
much  too  low  it  is  or  how  much  too  high  the  other 
rates  are.  There  is  no  way  here  that  we  can  determine 
whether  this  rate  is  discriminatory  or  how  much,  if 
at  all.  Until  we  can  determine  just  how  much  other 
rates  ought  to  be  lowered,  and  until  we  can  determine  just 
how  much  this  rate  ought  to  be  raised,  it  seems  to  me  to  be 
improper  to  go  into  that  domain  and  attempt  to  go  on 
record  as  expressing  a  desire  that  this  rate  should  be 
raised. 

As  I  understand  it,  Mr.  Decker's  amendment  is  that 
we  simply  disapprove  of  the  sentiment  expressed  in 
this  report.  We  do  not  make  an  attempt  to  expunge 
this  sentiment  from  the  report,  nor  to  change  the  opin- 
ion that  Mr.  Staples  and  the  other  members  of  his 
committee  have  on  this  subject.  We  simply  express  our 
disapproval  of  those  sentiments,  and  it  seems  to  me 
that  is  the  proper  thing  to  do,  and  this  Is  the  proper 
time  and  place  to  do  it. 

Mr.  Maci.eod,  of  Massachusetts.  It  seems  to  me  that 
the  amendment  offered  by  Mr.  Decker,  of  New  York, 
should  prevail,  because  that  would  make  the  report  of 
this  committee  and  the  action  of  this  convention  con- 
sistent with   the   express   scope   of  this   report. 

The  chairman  of  the  committee,  in  presenting  the 
report,  stated  that  the  committee  was  not  making  any 
definite  recommendations,  as  the  matter  had  not  been 
fully  or  finally  discussed,  and  I  suggested  that  the  whole 
subject  be  recommitted  to  the  same  committee  or  a 
new  committee  having  similar  powers,  for  next  year. 
If  that  Is  the  scope  of  this  report,  it  is  not  much  more 
than  a  report  of  progress,  and  It  seems  to  me  the 
committee  should  not  depart  In  this  single  instance 
from  that  attitude.  As  I  have  glanced  hurriedly  over 
the  report,  it  seems  to  me  that  this  is  the  only  case 
where  the  committee  makes  a  definite  and  specific 
recommendation.  The  other  part  of  the  report,  as  I 
have  read  It  over — hurriedly,  I  admit — seems  to  be  In 
the  nature  of  general  discussion,  and  where  a  suggestion 
1b  made  it  has   been   made  only   in  a  tentative  form. 

If  this  committee  has  any  suggestions  to  make  In  a 
concrete  way  upon  which  this  convention  is  In  a  position 
to  act  at  this  time,  It  should  submit  those  in  the  form 
of  a   definte   resolution. 

Taking  the  report  as  It  stands,  it  seems  to  me  its 
recommendations  are  directed  to  one  point  only — that 
the  express  rates  on  this  particular  class  of  commodities 
should  be  raised. 

If  the  rates  are  unscientific,  as  they  are  at  the  pres- 
ent time,  you  do  not  make  them  any  more  scientific 
by  tackling  them  at  one  point  only  and  without  some 
guaranty  that  these  rates,  if  increased,  would  in  some 
way  operate  to  bring  about  a  lowering  of  other  rates 
which  are  excessively  high  at  the  present  time.  It 
does  not  seem  to  me  you  are  going  to  improve  the 
situation   In  this  way. 

My  suggestion  would  be  that  this  report  should  be 
accepted  In  the  nature  of  a  report  of  progress,  and  If 
this  committee  has  any  definite  suggestions  to  make,  In 
the  form  of  resolutions  or  otherwise,  which  may  tend 
to  improve  the  entire  service,  that  they  be  given  an 
opportunity  to  present  them;  but  to  adopt  the  report 
in    the    form    In    which    it    now    stands,   making    a    single 


recommendation  In  regard  to  one  detail  of  its  service, 
it  seems   to  me,   would  be   altogether   wide   of   the  mark. 

Mr.  Gothlin,  of  Ohio.  I  am  afraid,  from  the  re- 
marks that  have  been  made  here,  that  many  of  the 
gentlemen  who  have  spoken  have  misunderstood  the 
scope  of  the  motion  and   the  status  of  this  report. 

As  I  understand,  Mr.  Decker's  motion  is  not  in  the 
nature  of  an  amendment  to  the  report  at  all,  but  merely 
an   amendment   to   the   motion. 

President  Burr.  It  is  an  amendment  to  strike  out 
certain    language. 

Mr.  Decker,  of  New  York.  Not  necessarily  to  strike 
out,  but  to  except  from  our  approval  those  conclusions 
which  refer  to  Section  D.  The  motion  was  to  adopt 
the  report,  and  I  move  to  amend  that  by  excepting  from 
our  approval  that  section  of  the  report  which  refers  to 
Section  D,  or  ounce  rates. 

Mr.  Gothlix,  of  Ohio.  You  will  note  my  surmise  was 
correct.  Even  you  did  not  quite  understand  the  scope 
of  the  motion.  The  motion  does  not  go  to  the  report 
at  all.  It  is  merely  an  amendment  to  the  motion  to 
adopt;  that  is,  that  we  adopt  with  a  limitation. 

We  go  to  the  question  of  the  status  of  this  report. 
There  is  no  recommendation  in  the  report  except  a 
recommendation  on  the  last  page.  The  words  of  the 
committee  on  page  33  do  not  constitute  a  recommenda- 
tion in  the  ordinary  sense  of  a  recommendation  in  a 
report.  It  is  merely,  as  the  gentleman  who  just  sat 
down  has  said,  a  report  of  progress.  The  committee 
states  that  they  have  done  certain  work.  They  have 
not  had  time  to  complete  it,  according  to  their  ideas, 
and  have  not  gone  into  it  as  deeply  as  they  would  like 
to  go  or  to  enable  them  to  report  with  a  recommenda- 
tion, and  they  merely  ask  that  this  committee  or 
another  committee  be  continued  to  carry  on  the  inves- 
tigation.    That  is  all   there  is   to   it. 

Mr.  Decker,  of  New  York.  Will  the  gentleman  from 
Ohio  permit  me  to  interrupt  a  moment? 

Mr.  Gothlin,   of    Ohio.     Certainly. 

Mr.  Decker,  of  New  York.  If  it  Is  the  idea  that  the 
report  is  simply  a  report  of  progress,  and  the  motion 
be  put  in  that  form,  I  will  withdraw  my  amendment. 
If  the  committee  desires  to  move  that  the  report  be 
received  and  the  conclusions  at  the  end  of  the  report 
adopted,  my  motion  falls;  but  the  motion  is  to  adopt 
the  report  as  a  whole,   and   therefore   my  amendment. 

Mr.  Gothlin,  of  Ohio.  Just  referring  to  the  last 
statement  made  by  Mr.  Decker,  the  motion  is  to  adopt 
the  report— to  adopt  the  report  and  to  adopt  the  rec- 
ommendations in  that  report.  The  only  recommendation 
In  this  report  is  upon  page  37  thereof.  What  appears 
upon  pages  33  and  34  is  merely  the  expression  of  opin- 
ion by  the  committee  with  reference  to  one  particular 
feature  of  the  express  business.  It  is  merely  to  approve 
the  recital  of  progress.  I  cannot  see  why  there  should 
be  any  objection  simply  to  the  words  "adoption  of  the 
report,"  when  that  simply  carries  with  it  the  recom- 
mendation that  the  committee  be  continued.  That  is  all 
the  recommendation  there  Is  in  it — and  that,  as  I 
understand  it,  is  the  feeling  of  the  members  of  the 
committee    who    signed    this    report. 

Mr.  Hudson,  of  Florida.  I  may  be  in  error  as  to 
what  is  now  before  the  convention,  but,  as  I  understand 
It,  the  motion  is  to  adopt  the  report,  and  when  this 
body  adopts  the  report  of  a  committee  it  adopts  the 
language  of  the  committee.  A  part  of  the  language  of 
this   committee's   report  is  as  follows: 

Your  committee  believes  that  the  so-called  postal  rates,   or 
(he  ounce  rates,  in  Section  D  of  the  classification  are  admittedly 
.wrong  and    discriminatory. 

When  this  body  adopts  that  report,  that  becomes  the 
language    of    this    body. 

The   committee  says  further: 

In  the  opinion  of  your  committee  these  low  rates  cannot  b« 
justified   and  should  either  be  eliminated  or   raised. 

Again,  when  we  adopt  the  report  of  the  committee,  we 
adopt  that  language  of  the  committee,  and  that  language 
becomes  the  language  of  this  body. 

Whether  or  not  this  is  technically  true,  that  Is  the 
construction  which  would  be  put  upon  it  by  those  who 
read  this  report  and  read  of  the  action  of  this  body. 
Although   I   recognize   the   force   of   what   the   gentleman 


40 


Xatioxal  Associatjox  of  Railway  Commissjonkhs 


has  said,  from  a  technical  standpoint,  we  must  at  the 
same  time  consider  the  construction  that  Is  going  to 
be  put  upon  it  by  those  who  read  It  generally,  and  the 
construction  that  will  certainly  be  put  upon  it  by  the 
general  reader  is  that  this  body,  by  adopting  that  re- 
port, has  adopted  that  language  and  made  it  the  language 
of  this  body. 

I  fully  agree  with  those  gentlemen  who  have  said 
that  they  believe  In  raising  rates  where  they  are  too 
low.  Where  merchandise  is  carried  at  a  loss  there 
should  be  a  proper  raising  of  the  rates  to  avoid  dis- 
crimination. But  the  question  here  is  whether  or  not 
there  Is  going  to  be  any  good  accomplished  by  raising 
these  rates  at  this  particular  time.  We  might  dismiss 
the  matter  simply  by  acknowledging  the  fact  that  what- 
ever we  resolve  here  may  amount  to  nothing,  but  we 
must  assume,  however  vainly,  that  what  we  recommend 
here  Is  going  to  be  accomplished,  and  with  that  fond 
assumption  in  our  minds  we  ought  to  proceed. 

Is  any  good  going  to  be  accomplished  by  raising 
these  rates  at  this  time,  if  we  assume  that  our  action 
Is  going  to  result  in  raising  them?  Who  is  going  to 
get  the  benefit  of  this  raise,  if  it  is  accomplished? 

As  the  gentleman  from  Massachusetts  has  said,  the 
only  distinct  recommendation  of  this  committee  is  that 
these  rates  ought  to  be  raised.  As  to  the  other  matters 
and  as  to  what  rates  should  be  lowered,  and  how  much 
they  should  be  lowered,  the  committee  have  distinctly 
declined  to  render  an  opinion  at  this  time.  They  want 
further  data  and  further  information,  and  In  that  I  think 
they  are  right.     They  should  proceed  with  great  caution. 

But  the  one  and  distinct  recommendation  is  that 
this  rate  should  be  raised.  Who  is  going  to  get  the 
benefit  of  that  raise?  Have  they  recommended  that 
any  other  rate  should  be  lowered  to  offset  or  compensate 
for  that.  Is  there  any  other  rate  pointed  out  specifically 
which  ought  to  be  cut  down  to  make  up  for  this  raise? 
It  may  be  there;  I  do  not  say  It  is  not  there;  but  I 
do  not  recall  if  it  is  there. 

Assuming  that  the  recommendations  of  this  com- 
mittee and  this  body  will  be  adopted,  and  that  that 
rate  will  be  raised,  and  the  only  result  of  the  report 
of  this  committee  will  be  to  raise  the  one  rate,  and 
no  rate  will  be  lowered;  and  it  does  not  take  a  mathe- 
matician to  figure  out  that  the  express  company  is 
the  only  one  that  gets  the  benefit  of  that  raise.  There 
is  no  weak  competitor  to  get  the  benefit  of  it.  It  has 
been  suggested  this  is  similar  to  the  case  of  the  Stand- 
ard Oil;  that  wherever  there  is  competition  they  op- 
erate at  a  loss;  but  here  there  is  no  weak  competitor 
to  be  benefited  by  this  rate  if  it  Is  raised.  The  only 
competitor  is  the  United  States  Government,  and  the 
United  States  Government  will  reap  no  benefit,  except 
that  it  will  have  that  much  more  business  to  do.  No- 
body is  to  be  benefited.  Certainly  the  shippers  will 
not  be  benefited  by  having  this  rate  raised.  Certainly 
no  weak  competitor  will  be  benefited.  Nobody  is  to 
be  benefited  but  the  express  companies.  Then,  why 
should   we  take   this  action  at  this  time? 

I  agree  that  in  all  probability  it  will  be  found  in 
the  long  run  that  these  rates  are  too  low  and  that  they 
must  be  raised;  but  why  should  we  begin  by  raising 
rates  ? 

There  has  been  a  demand  for  control  of  the  express 
companies  by  the  Interstate  Commerce  Commission  and 
by  the  State  railroad  commissions,  and  some  of  our 
States  have  had  that  jurisdiction  for  a  long  time,  and 
others  for  a  less  time,  and  there  is  still  a  demand  that 
they  should  exercise  that  jurisdiction  to  secure  a  proper 
adjustment  of  the  rates.  But  I  have  yet  to  hear  from 
any  source  of  the  first  demand  that  adjustment  should 
begin  by  raising  the  low  rates  and  lowering  others 
when  we  will  know  how  to  cut  down  the  high  rates. 
On  the  contrary,  when  we  go  into  the  investigation  of 
the  express  companies  along  the  lines  the  committee 
has  suggested  and  find  what  rates  need  to  be  raised, 
we  can  at  the  same  time  find  those  that  need  to  be 
lowered.  If  we  find  that  the  company  has  discriminated 
by  charging  too  little  to  one  shipper  and  taking  It 
out  of  the  pocket  of  another,  that  can  all  be  equalized. 

But  why  should  we  depart  from  the  recommendations 
of  this  committee  in  general,  as  has  been  suggested 
by   the   gentleman   from   Massachusetts,   which   are    that 


we  have  not  yet  the  information  to  enable  us  to  reach 
a  judgment  and  say  as  to  this  one  particular  point 
there   should   be   a   raise? 

I  hesitated  for  a  long  time  to  take  the  floor  on  this 
subject,  because  I  am  a  newcomer  among  you.  I  am 
looking  at  the  matter  more  from  the  standpoint  of  an 
outsider.  I  have  long  watched  the  proceedings  of  this 
body  as  an  outsider,  and  to-day  for  the  first  time  I 
have  been  with  you.  But  perhaps  it  might  not  be  amiss 
for  the  organization  to  understand  how  an  outsider 
looks   at   it. 

If  I  were  at  home  this  week  reading  the  reports  of 
the  proceedings  of  this  body,  as  an  outsider,  the  very 
first  question  that  would  come  into  my  mind  would  be, 
when  I  saw  the  only  recommendation  of  this  committee 
was  to  raise  rates,  to  inquire — and  I  might  very  well 
inquire,  too — "Have  the  railroad  commissions  of  the 
United  States  nothing  better  to  do  than  to  recommend 
the  one  single  thing  of  raising  the  rates  of  the  express 
companies?"  I  was  about  to  say  the  Southern  Express 
Company,  because  that  is  the  thing  we,  in  our  part  of 
the  world,   see   at  night  when  we  lie   awake. 

It  may  be  a  question  of  policy  as  to  whether  we 
ought  to  let  what  the  world  thinks  have  any  weight 
with  us;  but  I  think  we  may  well  consider  that  when 
we  bear  in  mind  that  absolutely  no  benefit  is  to  be 
conferred  upon  anybody  but  the  express  companies  by 
the   raising  of   these   rates. 

I  think  the  amendment  of  the  gentleman  from  New 
York  ought  to  be  adopted,  that  this  report  ought  not 
to  be  approved  as  it  stands,  but  ought  to  be  approved 
with  that  amendment.  I  have  not  the  slightest  word 
of  criticism  for  the  action  of  the  committee,  because 
their  report  shows  the  most  painstaking  and  laborious 
effort  to  arrive  at  the  facts  and  to  render  a  serviceable 
and  effective  report.  I  am  ready  to  join  in  a  vote  of 
thanks  to  this  committee  for  their  efficient  work.  But 
that  one  feature  of  the  report,  I  think,  ought  to  be 
eliminated,  because,  however  we  may  argue  the  thing 
here  among  ourselves,  when  that  report  is  adopted  It 
is  going  out  to  the  world  as  the  action  of  the  railroad 
commissioners  of  the  United  States  in  favor  of  raising 
express  rates,  and  that  would  be  the  only  construction 
they  would  put  upon  It. 

Mr.  Wingfield,  of  Virginia.  I  move  to  substitute  for 
all  matters  pending  at  this  time  that  the  convention 
receive  the  report  of  the  committee,  with  the  thanks 
and  appreciation  of  the  association,  and  accede  to  their 
request  that  a  similar  committee  be  appointed  for  the 
further  consideration  of  the   subject. 

Mh.  Bekry,  of  Illinois.  As  the  motion  was  made  the 
gentleman  put  it  in  these  words,  "that  the  report  of 
the  committee  be  accepted  and  their  conclusions  con- 
curred in,"  which  is  simply  for  the  continuation  of  a 
similar  committee.  I  desire  to  suggest  that  the  language 
of  the  motion  be  amended  by  saying  that  the  report  be 
accepted  and  the  conclusions  on  page  37  of  the  report 
of  the  committee  be  concurred  in.  That  Is  simply  a 
conclusion  or  recommendation  for  continuation  of  the 
committee. 

Mr.  Wixgfield,  of  Virginia.  I  accept  the  word  "ac- 
cepted" instead  of  "acceded,"  in  order  to  harmonize  the 
matter. 

Phesidknt  Burr.  There  is  an  amendment  to  Mr. 
Staples'  motion  that  is  before  the  house  that  has  not 
been   disposed   of. 

Mr.  Wingfield,  of  Virginia.  I  offered  mine  as  a  sub- 
stitute for  everything  pending. 

President  Birr.  Does  your  motion  cover  the  idea 
Mr.  Berry  has  just  presented? 

Mr.  Wingfiei.d,  of  Virginia.  Yes,  sir;  that  we  re- 
ceive the  report,  with  the  thanks  and  appreciation  for 
the  work  and  investigation  this  committee  has  done,  and 
accept  their  recommendation  to  continue  this  committee 
or  a  similar  committee.  That  is  offered  as  a  substitute 
for  everything   else   pending. 

Mr.  Decker,  of  New  York.  When  Mr.  Wingfield 
speaks  about  "accepting"  their  recommendations,  does 
he  mean  that  the  report  of  the  committee  shall  b« 
received,  with  the  thanks  and  appreciation  of  the  con- 
vention for  the  work  of  the  committee,  and  that  the 
conclusions  expressed  at  the  end  of  the  report 

Mn.  Wingfield,  of  Virginia    (Interposing).     Yes;    and 


Pkoceedings  of  the  T\ve\ty-Thii!d  Axncal  Convention" 


41 


that  this  committee  be  continued  or  a  similar  one  be 
continued.     That  is  all. 

President  Bchb.  Mr.  Wingfleld,  under  your  motion, 
la  it  contemplated  that  we  shall  receive  and  print  the 
report  in  the  proceedings? 

Mr.  Wingfield,  of  Virginia.  Yes;  I  think  It  ought  to 
be  printed  for  the  information  of  the  convention  and  of 
this   new   committee. 

President  Birr.  There  is  a  substitute  offered  for 
the   pending  motion.     Is  there   any   further  ^iscussion? 

Mr.  MACLEOD,  of  Massachusetts.  This  mslter  Is  all 
a  question  of  procedure,  and  there  seems  to  be  no  dif- 
ference of  opinion. 

It  seems  to  me  if  the  motion  were  put  in  the  form 
whicli  was  suggested  by  the  gentleman  from  Illinois, 
Mr.  Berry,  that  this  convention  receive  the  report  of 
the  committee  and  express  their  thanks  for  the  same 
and  adopt  the  conclusions  appended  to  the  report  that 
will  clear  the  matter  up.  If  you  say  "adopt  its  conclu- 
sions," the  word  "conclusions"  may  be  understood  in 
a  general  sense  as  being  its  general  recommendations 
throughout  the  report;  but  if  it  is  expressed  as  the 
"conclusions  appended  to  the  report,"  that  will  clear 
It  up,  and  we  should  also  have  the  report  printed  with 
the  proceedings. 

Mb.  WiNQFiELD,  of  Virginia.  I  accept  that  sugges- 
tion. 

Mb.  Berry,  of  Illinois.  As  a  member  of  the  commit- 
tee, and  as  a  matter  of  parliamentary  record  being 
made,  I  ask,  on  behalf  of  the  committee,  that  the 
association  strike  out  the  matter  of  thanks.  It  does 
not  look  well  on  the  record  from  a  parliamentary  stand- 
point. I  have  no  doubt  you  are  all  tickled  to  death  to 
thank  us,  but  it  does  not  made  a  good  record,  because 
if  you  are  going  to  thank  us,  then  you  will  have  to 
thank  everybody,  and  that  is  not  good. 

Mb.  Wingfiei.d,  of  Virginia.  I  insist  on  the  matter 
of  appreciation  and  thanks.  The  subcommittee  did  this 
work. 

Mr.  Berrv,  of  Illinois.  And  I  am  a  member  of  the 
subcommittee,  too. 

Mr.  STrTsii.\x.  of  North  Dakota.  Of  course,  if  Mr. 
Decker  is  satisfied,  I  suppose  there  is  no  reason  why 
the  rest  of  us  should  not  be;  but  personally  I  see  no 
reason  why  we  should  flag  around  this  issue.  This 
report  has  been  put  up  to  us  to  discuss,  and  we  are 
here  to  discuss  it.  If  there  is  anything  here  we  are 
afraid  to  decide  about  it,  and  would  like  to  put  oft 
until  to-morrow,  that  is  all  right;  but  it  seems  to  me 
this  is  a  very  good  time  to  discuss  this  question  and 
decide  it,  as  to  whether  or  not  we  approve  of  these 
statements  in  this  report.  I  do  not  care  to  carry  this 
thing  any   further  than   Mr.   Decker  does,  however. 

Mr.  Decker,  of  New  York.  The  motion  to  adopt  has 
not  been  withdrawn.  A  substitute  has  been  offered, 
and,  if  the  substitute  carries,  of  course  my  motion  falls 
and  the  original  motion  as  well  falls  with  it. 

Mr.  STTTs^^A.^■.  of  North  Dakota.  I  did  not  know  but 
that  you  were  agreeing  to  the  substitute. 

Mr.  Wingfield,  of  Virginia.  I  understood  Mr.  Decker 
to  agree  to  the  substitute.  I  am  simply  saying  this,  that 
at  this  stage  of  the  proceedings,  it  seems  to  me  illog- 
ical to  adopt  any  proposition  that  will  act  in  the  nature 
of  instructions  to  this  new  or  continued  committee. 
It  seems  to  me  the  proper  thing  to  do  is  to  giVe  that 
new  committee  the  benefit  of  all  this  investigation  and 
the  opinions  expressed  by  this  old  committee,  and  let 
them  go  to  work  to  bring  out  their  report  for  our  con- 
sideration, with  all  the  light  possible,  without  any  in- 
structions, pro  or  con,  from  this  association  by  any 
motion  adopted  at  this  meetins.  That  was  the  reason 
I  thought  we  ought  not  to  have  a  vote  upon  Mr.  Decker's 
amendment.  If  we  vote  it  down,  we  approve  the  com- 
mittee. If  we  vote  in  favor  of  it,  that  is  in  the  nature 
of  an  approval   of  the   position  of  Mr.   Decker. 

Mb.  KitrATRicK,  of  Illinois.  I  feel  a  good  deal  like 
my  friend  from  North  Dakota.  I  do  not  see  any  good 
reason    for   going   around    this   proposition. 

The  sentiments  that  are  expressed  on  pages  33  and 
34  of  the  report  of  this  committee  are  from  a  very 
thorough  investigation,  both  from  the  shippers  and  the 
express  companies  themselves,  that  these  rates  spoken 
of  are  too   low.     In  answer   to   my  friend   from   Florida 


(Mr.  Hudson),  this  committee  has  found  this  is  the 
case,  and  if  you  find  that  is  so,  you  could  not  raise 
the  rates,  and  the  express  company  would  not  raise 
them,  because  they  are  in  direct  competition  with  the 
United  States  of  America.  The  only  reason  that  these 
rates  are  so  low  is  that  they  are  in  direct  competition 
with  the  postal  service  of  the  Government  of  the  United 
States,  and  they  never  will  be  raised  as  long  as  that 
condition  remains.  That  condition  is  here  now,  arid  we 
ought  to  say  so.  We  have  found  it  to  be  so.  My 
opinion  is  that  the  subcommittee  has  stated,  and  stated 
properly,  what  they  found  after  a  very  close  and  serious 
Investigation,  and  we  never  will  have  a  higher  rate  as 
long  as  the  Government  of  the  United  States  stands 
with  the  postal  rates  as  they  are  to-day.  For  that  reason 
we   ought   to   approve  -the    report   of   this    committee. 

The  President.  If  Mr.  Wingfield's  motion  is  adopted, 
it  carries  with  it  the  killing  of  Mr.  Decker's  amendment 
and  carries  with  it  the  adoption  of  this  report  according 
to  the  wording  of  Mr.  Wingfield's  substitute. 

Mr.  Staples,  of  Minnesota.  That  is  my  reason  for 
rising  at  this  time.  I  know  nothing  has  been  said  of  a 
personal  character — nothing  has  been  said  pertaining 
to  the  report  of  this  committee  which  offends  my  pride, 
and  I  believe  I  speak  for  every  member  of  the  commit- 
tee. We  came  here  in  that  attitude.  We  have  succeeded 
only  to  an  extent  In  doing  what  I  hoped  we  might  do; 
that  is,  to  draw  the  fire  of  this  convention,  in  order  to 
assist  the  next  committee  in  its  investigation,  that  It 
may  investigate  along  the  lines  this  association  thinks 
it  should. 

I  am  sorry  we  did  not  make  more  specific  and  more 
drastic  recommendations  than  we  have.  I  am  very 
sorry  we  did  not  do  that.  You  have  confined  your 
discussion  entirely  up  to  this  time  to  one  topic  con- 
tained in  that  report,  and  that  is  an  immaterial  point. 
The  vital  questions  have  not  been  touched  upon  In 
any   way    whatever    by   any   member   of   this    association. 

I  shall  regret  that  any  motion  be  adopted  at  this 
time  which  precludes  a  further  discussion  of  other 
points  contained  in  this  report.  I  do  not  care  what  you 
do  with  any  particular  feature  of  the  report.  That 
is  not  the  idea  at  all.  No  one  has  heard  me  defending 
anything  contained  in  the  report.  I  do  not  care  what 
you  do  with  it,  if  you  will  only  let  us  know  what  you 
think  about  it,  not  only  upon  one  point,  but  upon  every 
point. 

The  President.  The  question  is  upon  the  substitute 
of  the  gentleman  from  Virginia.  You  have  heard  the 
substitute  as  stated  by  him.     As  many  as  are  in  favor 

Mr.  Wingfield,  of  Virginia  (interrupting).  The  chair- 
man of  the  committee  expresses  a  wish  to  have  some 
discussion.  I  therefore  limit  my  motion  simply  to  the 
matter  of  receiving  their  report,  and  then  any  motion 
on  any  other  point  can  be  brought  up  later. 

The  President.     That  disposes  of  the  report. 

Mr.  Wingfield,  of  Virginia.     If  we  receive  It? 

The  President.    Yes. 

Mr.  Decker,  of  New  York.  The  motion  of  the  gen- 
tleman from  Virginia,  Mr.  Wingfleld,  is  a  substitute  for 
both  the  original  motion  and  the  amendment,  and  dis- 
cussion of  the  substitute  opens  the  door  wide  to  dis- 
cuss any  feature  of  the  report.  If  the  chairman  will 
so  rule,  we  are  not  then  confined  to  pages  33  and  34 
of  the  report.  I  suggest  it  be  considered  that  the  sub- 
stitute of  the  gentleman  from  Virginia  covers  both 
the  motion  to  adopt  and  the  amendment  which  I  have 
made,  and  therefore  that  the  entire  report  Is  now  open 
for   discussion. 

The  Pbesident.  The  chairman  of  the  committ«e  has 
stated  he  would  like  to  have  the  matter  discussed,  there- 
fore I  hesitated  to  put  the  motion. 

Mr.  Niles,  of  New  Hampshire.  There  is  one  subject, 
If  we  have  passed  other  subjects,  on  which  I  shouW 
very  much  like  to  hear  from  the  committee  more  In 
detail,  and  that  is  the  subject  of  the  elimination  of 
express  companies.  If  anyone  asked  me  what  I  think 
of  express  companies,  I  should  say  there  ought  to  be 
none;  but  If  they  asked  me,  "What  are  you  going  to 
substitute?"  I  should  say  I  could  not  tell  them.  The 
members  of  the  committee  have  evidently  considered 
that    proposition    very   carefully,    and    I    should    be    glad 


43 


National  Association  of  Eailway  Uommisstoxers 


to   have   them   tell   us   what   they   are   going   to   do   when 
they  eliminate  express  companies. 

Mr.  Rice,  of  South  Dakota.  Several  gentlemen  said 
this  report  expresses  an  opinion  only  on  one  thing. 
The  committee  says  this  language  we  have  been  dis- 
cussing is  its  opinion  and  belief.  Here  is  an  express 
recommendation : 

The  express  and  railway  companies  are  to-day  engaged  In 
performing  a  transportation  service  that  one  company  could 
perform  Just  as  effectively,  if  not  more  so.  This  system  has 
its  advantages,  but  these  are  secured  at  an  enormously  high 
cost.  This  duplication  of  organization  results  in  duplication  of 
capital,  wages,  salary  and  many  other  expenses.  It  is  also  a 
question  whether  the  express  service  as  performed  at  present 
may  not  have  an  adverse  effect  upon  the  fast-freight  service  of 
the  carrier  greatly  to  the  disadvantage  of  many  lines  of 
Industry. 

It  seems  to  me  this  association  recognizes  this  mat- 
ter of  elimination  of  express  companies  as  a  matter 
that  ought  to  be  taken  up  and  an  opinion  expressed 
on  It  this  year.  If  our  opinion  is  entitled  to  any  weight, 
let  the  Congress  have  the  benefit  of  It,  let  the  Inter- 
state Commerce  Commission  have  the  benefit  of  it,  and 
let  the  legislatures  of  the  various  States  have  the  benefit 
of  It.  Let  us  not  simply  receive  this  report  and  appoint 
another  committee  to  come  back  here  a  year  from  now 
and  report  something  of  this  kind  again.  If  we  adopt 
the  substitute,  we  have  expressed  no  opinion  as  to  that 
matter.  My  suggestion  is  that  this  association  at  this 
time  adopt  a  resolution  in  favor  of  the  elimination  of 
express  companies,  and  that  the  work  now  performed 
by  express  companies  be  performed  by  railway  companies 
themselves. 

The  PRI2S1DEXT.  You  will  have  to  put  that  in  the 
form  of  a  motion. 

Mr.  Rice,  of  South  Dakota.  Would  a  motion  be 
proper? 

The  President.    Yes;  as  a  substitute. 

Mr.  Sullivan-,  of  Ohio.  May  I  make  a  substitute? 
What  I  want  to  do  is  to  continue  this  until  to-morrow 
morning,  and  let  us  read  it  over  to-night  and  sleep  on  it. 
There  are  lots  of  good  things  in  this  report.  Do  not 
jump  onto  one  little  Item  in  here  alone  by  itself.  Give 
a  fellow  a  chance;  let  him  take  this  report  home  and 
sleep  with  it,  and  then  come  in  again  in  the  morning 
and  we  will  all  know  something  about  what  is  in  it. 
That  is  the  only  way  you  will  get  rid  of  this  kind  of 
stuff.  Let  us  all  read  it  over  to-night,  and  be  ready 
in  the  morning  to  tackle  it  again. 

Mr.  Stutsman,  of  North  Dakota.  That  is  the  way  we 
will  spend  our  five  days. 

Mr.  SuLLiVAX,  of  Ohio.  We  have  spent  a  lot  of  days 
this  afternoon,  and  what  has  It  amounted  to?  You  can 
see  It  going  out  at  the  window  here.  I  say  this  Is  an 
Important  thing,  and  if  you  will  all  take  it  home  and 
read  it  to-night  and  just  defer  action  on  it  until  to- 
morrow morning,  we  may  be  able  to  accomplish  some 
good  result.  Let  us  get  around  a  little  earlier  in  the 
morning,  too.  I  am  willing  to  come  around  as  early  as 
anybody.    I  will  be  here  at  9  o'clock,  if  you  will. 

I  would  like  to  make  a  motion,  Mr.  President,  to 
defer  this  until  to-morrow  morning,  to  start  at  9  o'clock 
on  this  particular  question,  and  to  keep  at  it  until  wo 
get  done,  whether  it  is  5  days  or  10  days. 

Mr.  Deckek,  of  New  York.  I  suggest  it  would  be 
better  to  make  it  10  o'clock.  There  are  many  of  us  who 
have  engagements  in  connection  with  our  committee 
work.     I  suggest  we  make  it  10  o'clock. 

Mr.  Sullivan,  of  Ohio.  Ten  o'clock  suits  me.  I 
want  to  get  this  thing  done;  that  Is  all.  What  have 
we  been  doing  this  afternoon?  If  we  take  this  report 
home  and  go  through  It  carefully  to-night,  a  lot  of  us 
will  be  able  to  get  the  thing  Into  our  knots.  What  la 
In  this  thing?  Let  us  read  it  to-night,  and  we  will  be 
better  fixed  in  the  morning,  without  wasting  a  lot  of 
time.  I  move  we  adjourn  until  10  o'clock  to-morrow 
morning,  and  that  we  take  up  this  report  as  a  special 
order  at  that  time. 

The  President.  As  members  of  the  committee  on 
time  and  place  for  holding  the  next  convention,  I  will 
appoint  Mr.  Gothlln,  of  Ohio;  Mr.  Decker,  of  New  York; 
Mr.  Campbell,  of  Oregon;  Mr.  Hill,  of  Georgia;  and 
Mr.  Prentls,  of  Virginia. 

As    members    of    the    committee    on    complimentary 


resolutions,  I  will  appoint  Mr.  Mills,  of  Minnesota;  Mr. 
Glasgow,    of    Michigan;    and    Mr.    Wingfleld,    of    Virginia. 

As  members  of  the  committee  on  memorials,  I  will 
appoint  Mr.  Finn,  of  Kentucky;  Mr.  Robinson,  of  South 
Dakota;    and  Mr.   Kilpatrick,  of  Illinois. 

The  motion  before  the  house  is  to  adjourn  until 
10  o'clock  to-morrow  morning,  at  which  time  we  will 
take  up  this  report  which  has  been  under  consideration 
this   afternoon   and   discuss   it   generally. 

The  motion  was  carried,  and  at  5:05  o'clock  p.  m. 
the  convention  adjourned  until  to-morrow,  Wednesday, 
October  11.  1911,  at  10  o'clock  a.   m. 


PROCEEDINGS    OF   THE    SECOND   DAY. 
Wa.shingtox.  D.  C,  Wednesday,  October  11,  19. 


fl 


Met  at  10  o'clock  a.  m.,  pursuant  to  adjournment  o' 
yesterday,  President  R.  Hudson  Burr  presiding. 

Mr.  Prkntis.  of  Virginia.  The  report  of  the  committee 
on  amendments  to  the  act  to  regulate  commerce  anc 
the  report  of  the  committee  on  delays  attendant  upor 
enforcing  orders  of  railway  commissioners  have  beer 
In  print  ever  since  the  body  assembled,  and  I  mov< 
that  they  be  made  a  special  order,  to  be  taken  uj 
Immediately  after  the  conclusion  of  the  present  specla 
order  relating  to  the  report  of  the  committee  on  express 
rates   and    express    service. 

The  motion  was  carried. 

FURTHER   consideration   OF   REPORT   OF   COMMITTEE  ON    EXPRESS 
BATES  AND  EXPRESS  SERVICE. 

Mr.  Rice,  of  South  Dakota.  The  committee  on  legisla 
tlon  had  a  meeting  last  evening.  The  chairman  of  that 
committee  has  prepared  a  very  able  report.  A  minority 
of  the  committee  wish  to  submit  three  propositions,  and 
would  like  to  have  them  considered  in  connection  with 
this  express  report.  I  have  dictated  those  recommenda- 
tions, and  they  will  be  here  in  a  few  moments,  but  1 
can   state   them   in   half   a   minute. 

First  is   for   the   elimination  of  express   companies. 

Second  is  for  the  regulation  of  the  issuance  of  stocks 
and   bonds. 

Third  is  prohibiting  one  common  carrier  from  owning 
stock  in   any  other  common   carrier. 

I  ask  unanimous  consent  that  these  matters  be 
considered  in  connection  with  the  express  matter.  Our 
report  is  very  short,  and  should  be  considered  in  con- 
nection  with    this    express    question. 

The  President.  Is  there  any  objection  to  the  gentle 
man's  request?     The  Chair  hears  none.     It  is  so  ordered. 

The  report  of  the  committee  on  express  rates  and 
express  service  is  the  special  order  and  is  before  the 
association   for   further   discussion. 

Mr.  Staples,  of  Minnesota.  I  have  conferred  with  the 
different  members  of  the  committee,  and  particularly 
with  the  members  of  the  subcommittee,  on  the  subject 
of  this  report,  and  particularly  with  reference  to  that 
portion  of  the  report  which  was  the  cause  of  so  much 
controversy    yesterday. 

In  order  that  we  may  have  the  opportunity  to  con- 
sider other  phases  of  the  report  which  I  believe  to  be 
far  more  important  than  the  one  we  spent  two  hours 
upon  yesterday,  I  am  going  to  move  that  that  portion 
of  the  report  beginning  with  the  word  "Your,"  the 
last  word  in  the  second  line  from  bottom  of  page  33 
of  the  printed  report,  and  the  last  line  on  the  bottom 
of  page  33  and  all  of  page  34  be  eliminated  from  the 
report. 

That  is  tantamount  to  a  modification  of  the  report 
to  that  extent  by  the  committee,  but  it  is  not  possible 
to  get  the  entire  committee  together,  and  it  is  deemed 
that  that  would  be  the  best  course  to  pursue  at  this 
time.  Therefore  I  make  that  motion,  and  in  making 
that  motion  I  desire  to  state  that  I  only  make  it  with 
this  distinct  understanding,  that  all  pending  motions 
be   withdrawn.     Otherwise   I   would   be  out  of   order. 

Mr.  WiNQFiELD,  of  Virginia.  I  ottered  the  substitute,  and 
inasmuch  as  I  wish  the  association  to  have  absolute 
control  of  this  matter,  I  withdraw  my  substitute. 

The  President.  The  motion  now  pending  is  to  elimi- 
nate that  part  of  the  report  beginning  with  the  word 
"your"    in    the    second    line    from    the    bottom    of    page 


Proceedings  of  the  Twexty-Thiud  Annual  Convention 


■13 


33;  also  the  last  line  on  the  bottom  of  page  33,  and 
Including   the   entire   matter  on   page   34. 

The  motion  was  carried. 

Mr.  Staples,  of  Minnesota.  In  order  that  this  report 
may  be  disposed  of  in  a  practical  way,  I  move  that  the 
report  be  considered  under  the  head  of  the  different 
topics  or  subdivisions,  beginning  with  No.  1,  found  on 
page  4  of  the  report,  which  Is  as  follows:    \^^ 

Upon  what  basis  shouUl  an  express  company  be  alloweJ 
to  earn  a  revenue? 

The  motion  is  not  for  the  purpose  of  offering  a 
resolution  upon  each  of  these  topics  and  disposing  of 
them  in  that  way,  but  that  the  topics  may  be  treated 
understandingly  and  without  its  relation  to  the  follow- 
ing topics.  The  final  disposition  of  the  report  would 
still  be  an  open  question. 

The    motion    was    carried. 

UPON   WHAT    BASIS    SHOULD   AN    EXPRESS   C0MP.\NY    BE   ALLOWED 
TO  EARN    A   REVENUE? 

Mr.  Staples,  of  Minnesota.  I  am  not  going  to  advance 
any  other  argument  to  sustain  the  views  of  the  com- 
mittee than  those  arguments  presented  in  the  report 
upon  the  subject  indicated  under  topic  No.  1  of  the 
report.  It  has  been  made  clear  in  the  report  that  the 
attitude  of  the  express  companies  upon  this  question 
Is  clearly  set  forth  in  the  testimony  given  before  the 
committee  by  Mr.  Stockton  and  Mr.  Kerfoot.  There  was 
more  testimony  than  that  given,  but  the  committee 
felt  that  that  indicated  clearly  the  attitude  of  the  express 
companies.  Mr.  Stockton  was  asked  this  question,  and 
his  answer  indicates  very  clearly,  I  think,  the  idea  of 
the  express  companies: 

Suppose  you  landed  at  a  station  some  night  and  it  was 
raining,  and  there  was  but  one  conveyance  there  and  you 
wanted  to  go  to  the  hotel  and  tlie  regular  rate  was  25  cents; 
that  the  roads  were  in  bad  condition  and  it  was  storming: 
that  the  haclc  driver,  who  was  the  only  one  there,  should  make 
up  his  mind  to  charge  you  $3.  Would  you  consider  that  a 
reasonable  rate? 

Mr.  Stockton  said  that  under  the  circumstances  he 
would  regard  that  as  a  reasonable  rate,  if  he  could 
not  get  there  in  any  other  way;  and  that  seemed  to  be 
his  idea,  as  nearly  as  we  could  learn,  of  the  method 
of  making  express  rates.  Perhaps  that  is  a  radical 
Btatement,  but  the  idea  of  the  express  companies  was 
this — that  a  rate  should  be  made  on  the  basis  of  what 
the  service  to  the  party  is  worth,  eliminating  entirely 
the  question  of  what  it  cost  the  express  company  to 
perform   the   service. 

I  think  I  express  the  views  of  the  committee  when 
I  say  that  to  a  very  large  extent  the  committee  feels 
that  the  basis  of  express  rates — and  everybody  under- 
stands that  it  is  the  rates  or  charges  from  which  they 
derive  their  earnings,  and  it  is  the  earnings  that  we 
are  really  considering  finally — should  be  to  a  very  large 
extent  upon  what  is  necessary  to  allow  the  company  to 
earn  money  enough  to  pay  a  reasonable  earning  upon 
the   investment. 

I  think  1  need  not  go  any  further.  If  any  members 
of  the  committee  differ  with  me,  I  shall  certainly  regard 
It  as  their  privilege  to  make  a  statement  here.  But 
my  idea,  Mr.  President,  is  that  the  committee  which  Is  to 
undertake  this  work  in  the  future  could  be  somewhat 
benefited  by  an  expression  from  the  members  who  have 
given    this    matter    some    consideration. 

I  think  the  most  important  feature  of  this  report  is 
found  in  that  first  topic.  There  is  no  commission  going 
to  undertake  to  regulate  express  rates  within  a  State  or  to 
promulgate  a  schedule  of  rates  governing  the  charges 
within  a  State  without  it  is  going  to  meet  that  question  face 
to  face,  and  if  you  are  going  to  regulate  these  charges 
and  companies  intelligently,  you  have  to  know  upon 
what  basis  you  are  going  to  establish  the  rates.  That 
is  the   question   before  us.     What  shall  the  basis  be? 

The  President.  The  first  subhead  of  this  report  is  now 
before  you  for  discussion,  being  found  in  the  last  para- 
graph of  page  4  of  the  printed  report  of  the  committee. 

Mr.  Stutsman,  of  North  Dakota.  As  I  understand  the 
situation,  before  we  get  through  we  are  going  to  argue 
the  question  of  whether  or  not  we  shall  do  away  with 
express  companies  altogether.  Is  it  the  sense  of  this 
convention   that   we   will   take   up   and   discuss   this   ques- 


tion as  to  the  basis  on  which  we  shall  permit  the  ex- 
press companies  to  make  their  charges,  and  then  de- 
termine that  question,  and  then  afterward  possibly  de- 
cide that  we  shall  do  away  with  express  companies 
altogether? 

Mr.  Staples,  of  Minnesota.  We  are  now  considering 
this  report  by  topics,  and  we  will  reach  the  topic  on 
the  elimination  of  express  companies  when  we  get  to 
subhead  No.   4,   found   on  page   27. 

The  first  subhead  I  have  indicated  is  found  on  page 
4  of  the  report  of  the  committee.  The  chairman  has 
stated  the  situation  correctly,  excepting  in  this  regard: 
Somebody  may  offer  a  motion  or  resolution  for  adop- 
tion; but  let  us  take  topic  No.  1,  "Upon  what  basis 
should  an  express  company  be  allowed  to  earn  its 
revenue?"  This  report  has  not  undertaken  to  decide 
that.  It  has,  as  clearly  as  the  committee  could  do  It 
with  the  evidence  before  it,  outlined  the  different  plans, 
and  also  outlined  the  attitude  of  the  express  companies 
and  perhaps  to  a  degree  has  given  indications  of  their 
views  upon  the  question,  but  it  will  be  found  that 
the  committee  feels  it  needs  more  light  on  the  question 
and  needs  further  time  and  needs  further  testimony,  and 
what  we  are  asking  here  now  is  the  views  of  the  mem- 
bers of  this  association  who  are  willing  to  express  them. 

Mr.  GoTHLiN,  of  Ohio.  Perhaps  I  can  throw  a  little 
light  on  this  matter.  The  association  a  year  ago  ap- 
pointed a  committee  with  instructions  to  make  inves- 
tigation with  reference  to  express  rates  and  express 
service.  There  were  reasons  why  this  committee  did 
not  get  to  work  and  have  ample  time  to  enable  them 
to  secure  the  amount  of  information  that  would  enable 
them  to  make  an  adequate  report.  We  come  to  you 
merely  with  a  statement  which  endeavors  to  recite  our 
views  in  so  far  as  an  investigation  which  has  been 
made  enables  us  to  recite  them.  There  are  no  conclu- 
sions intended  to  be  shown  in  this  report  at  all.  It  is 
merely  an  instance  of  an  employer  telling  an  employe 
to  make  an  investigation,  and  the  employe  comes  back 
after  the  first  day  and  says:  "So  far  as  I  have  gone 
it  looks  to  me  thus  and  so,  but  I  am  not  ready  yet  to 
say  anything  final.  In  order  that  you  may  know  how 
far  I  have  gone,  I  want  to  tell  you  what  I  have  done, 
and  you  can  give  me  further  instructions  if  you  see  fit." 

The  committee  has  endeavored  to  recite  what  they 
have  done  and  what  they  think  the  situation  is  so  far 
as  they  •  have  gone,  and  they  ask  the  association  to 
express  themselves  upon  these  tentative  suggestions 
here  made,  and  then  the  subsequent  committee  can  take 
this  report,  and  with  this  report  and  the  record  show- 
ing the  expressions  of  views  of  the  members  present, 
can  go  ahead  with  the  work.  For  that  reason  this 
committee  and  the  following  committee  would  like  to 
have  expressions  from  the  members  of  the  association 
who  are  acquainted  with  these  subjects,  as  they  may 
differ  in  their  views,  and  may  throw  light  upon  the 
matter,  so  the  next  committee  can  go  ahead  with  the 
work  more  intelligently. 

Mr.  Rice,  of  South  Dakota.  I  move  as  a  substitute  for 
the  motion  to  pass  this  topic,  the  following: 

That  the  basis  of  calculation  as  to  the  reasonableness  of 
rates  to  be  charged  by  express  companies  must  be  the  fair 
value  of  the  property  being  used  by  them  for  the  convenience 
of  the  public. 

I  want  to  say  this  is  a  judicial  question  and  not  a 
legislative  question.  It  is  a  constitutional  question  which 
must  be  passed  upon  by  the  courts.  I  read  from  the 
decision  of  the  Supreme  Court  of  the  United  States  In 
the  case   of   Smyth   against  Ames: 

We  hold,  however,  that  the  basis  of  all  calculations  as  to 
the  reasonableness  of  rates  to  be  charged  by  corporations  main- 
taining a  highway  under  legislative  sanction  must  be  the  fair 
value  of  the  property  being  used  by  it  for  the  convenience  of 
the   public. 

Express  companies  are  common  carriers.  If  they  are 
not  common  carriers,  then  the  legislative  department 
of  the  government  has  no  right  to  have  anything  to 
say  about  what  it  shall  charge. 

I    move    the    adoption    of   that    substitute. 

Mr.  Daniels,  of  Illinois.  I  would  like  to  ask  the  gentle- 
man from  South  Dakota  if  that  is  not  a  railroad  case, 
and   not  an  express   case? 

Mr.  Rice,  of  South  Dakota.     It  is. 


44 


A'AxroNAL  Association  of  Kailway  Commissionebs 


I  now  make  the  same  motion  as  an  original  motion. 
That  it  be  the  sense  of  this  association  that  the  basis 
of  calculation  as  to  the  reasonableness  of  rates  to  be 
charged  by  express  companies  must  be  the  fair  value 
of  the  property  being  used  by  them  for  the  convenience 
of  the   public. 

Mr.  Daniels,  of  New  Jersey.  Mr.  President,  1  think  this 
motion  is  one  to  which  we  will  most  of  us  assent;  but 
my  feeling  is  that  it  sheds  very  little  light  upon  the 
subject.  The  whole  thing  comes  down  to  what  is  the 
fair  value  of  the  property  used,  and  simply  to  assent 
to  this  general  proposition  is  very  much  like  resolving 
that  5  times  6  make  30.  How  are  you  going  to  deter- 
mine what  is  the  fair  value  of  the  property?  Let  me 
put  one  supposition:  Suppose  there  is  a  State,  for  ex- 
ample, that  in  its  taxing  system  requires  an  express 
company  to  pay  a  tax  by  virtue  of  what  is  called  a 
franchise  that  the  State  has  conferred  upon  the  com- 
pany in  question.  The  company  will  take  the  position 
that  if,  tor  the  purposes  of  taxation,  the  franchise  is 
property,  then  the  franchise  should  be  regarded  as 
property  for  the  purposes  of  rate  making.  I  mean  by 
that  that  I  am  not  upholding  that  contention  is  neces- 
sarily valid,  but  it  is  prima  facie  plausible. 

Furthermore,  the  motion  is  vague.  Are  you  going, 
for  example,  to  say  that  an  express  company  has  a 
property  right  in  these  preliminary  developmental  ex- 
penses which  many  a  utility  company  is  required  to 
undergo  in  order,  to  get  under  way?  These  expenses 
have  not  been  charged  to  capital  account.  There  is  no 
tangible  property  representing  those  developmental  ex- 
penses in  the  early  stages  of  the  business,  and  if  you 
confine  property  to  what  is  tangible  and  visible,  you 
will  leave  out  those  items. 

My  feeling  is  that  there  is  no  particular  purpose 
to  be  served  in  passing  a  motion  that  an  express  com- 
pany or  any  other  company  ought  to  make  rates  upon 
the  basis  of  the  fair  value  of  the  property  used  and 
useful  in  a  public  service.  Let  us  come  down  to  what 
we  mean  by  property,  and  let  us  come  down  to  a  de- 
termination of  what  a  fair  return  is,  and  not  commit 
ourselves  to  these  meaningless  and  glittering  gener- 
alities. 

Mr.  TnoRNE,  of  Iowa.  I  am  in  sympathy  with  some  of 
the  remarks  made  by  the  gentleman  who  just  spoke, 
but  I  believe  that  he  has  gone  entirely  too  far  in 
stating  that  the  basis  of  a  fair  value  is  not  very  definite. 
That  may  be  true,  but  the  Supreme  Court  of  the  United 
States  has  indulged  in  that  precise  "glittering  gener- 
ality," as  he  has  described  it.  I  do  not  believe  the 
gentleman  himself  would  say  that  the  Supreme  Court 
of  the  United  States  has  done  a  useless  task  when  it 
stated  that  fair  value  is  the  basis  for  all  computation 
as  to   the  reasonableness  of  rates. 

The  determination  of  what  is  that  fair  value  Is  a 
stupendous  task.  We  cannot  possibly  hope  to  sit  here 
in  this  room  to-day  and  outline  the  definite  particular 
factors  that  must  be  taken  into  consideration,  but  we 
can  distinguish  that  from  the  other  doctrine  that  they 
are  entitled  to  a  percentage  on  gross  earnings.  I  think 
that  is   a   very  important  difference. 

It  has  been  suggested  by  one  other  gentleman  this 
morning  that  the  court  has  never  applied  this  test  to 
express  companies.  That  is  very  true,  but  in  return 
I  would  like  to  ask  that  gentleman  to  name  any  public 
utility  that  the  Supreme  Court  has  stated  Is  entitled 
to  a  return  upon  any  other  basis  than  a  fair  return 
upon  the  value  of  the  property.  Whenever  this  ques- 
tion has  come  up  before  our  Supreme  Court  regarding 
the  return  to  which  a  public  utility  is  entitled  they 
have  adopted  the  fair  value  as  the  true  test.  They  did 
so  in  the  gas  case,  and  they  did  so  in  the  water  case, 
and  I  think  it  is  correct  to  say  so  as  to  express  com- 
panies. I  think  this  association  will  be  making  a  con- 
tribution worthy  of  our  efforts  if  we  say  that,  in  oui' 
judgment,  that  should  be  the  test  for  express  companies. 
The  other  test  that  has  been  suggested  is  an  excuse 
advanced  by  the  express  companies  for  stupendous 
profits  which  are  absolutely  unjustifiable.  I  do  not  think 
this  association  should  encourage  such  efforts  to  the 
slightest  extent. 

Mr.  Rice,  of  South  Dakota.  If  the  Supreme  Court  of 
the    United    States   has    settled    what    the    basis   of   rates 


shall  be,  it  is  idle  for  this  convention  to  pass  any  res- 
olution upon  the  matter  whatever.  I  believe  there  is 
something  open  here  as  to  express  companies,  and  I 
believe  it  is  proper  for  this  convention  to  express  its 
opinion  as  to  how  profits  should  be  estimated. 

This  motion  directly  negatives  the  proposition  made 
by  these  companies,  and,  as  discussed  by  this  committee 
In  its  report,  it  quotes  from  Mr.  Stockton,  of  the  Wells, 
Fargo    Company,    a   statement,    in    which    he    says: 

We  believe  the  measure  of  the  earnings  of  an  express  com- 
pany should  be  a  reasonable  profit,  a  reasonable  percentage  of 
its  gross  earnings.  We  believe  in  the  express  business  as  In 
any  other  mercantile  business  or  coinmerclal  business,  .  the 
profit  Is  measured  upon  the  turnover,  and  no  man  ever  made 
his  profit  on  his  property  investment.  You  must  measure  on 
an  individual  rate  or  transaction,  and  that  in  the  aggregate 
should  not  exceed  a  reasonable  percentage  of  your  gross  earn- 
ings. 

The  purpose  of  this  motion  is  to  negative  the  propo- 
sition made  by  the  express  companies  and  to  say  that 
the  basis  of  profits  shall  be  a  reasonable  return  upon 
the  fair  value  of  the  property,  and  when  we  come  now 
to  undertake  to  fix  rules  by  which  the  fair  value  of  the 
property  shall  be  ascertained,  we  are  all  at  sea.  The 
Supreme  Court  of  the  United  States  says  it  depends 
upon  seven  things,  and  then  says: 

There  may  be  many  others,  and  eiich  case  must  be  deter- 
mined  upon   the  facts   of   that  particular   case. 

Mr.  Lane,  of  the  Interstate  Commerce  Commission.  Be- 
fore the  vote  is  taken  upon  this  proposition,  I  wish  to 
say  that  I  propose  to  vote  in  the  negative,  not  only 
because  I  think  it  is  unnecessary  to  make  any  declara- 
tion upon  a  question  which,  as  the  gentleman  from 
South  Dakota  says,  is  a  legal  question,  but  because  I 
think  it  would  be  highly  improper  for  me,  as  a  member 
of  the  Interstate  Commerce  Commission,  to  make  any 
declaration  while  questions  are  pending  before  us  as  to 
the  proper  basis  of  express  rates  upon  that  question 
of  basis. 

Let  me  suggest  this  question:  In  your  definition 
of  profits,  are  you  going  to  'exclude  the  railroad  system 
which    furnishes    the    transportation? 

An  express  service  is  made  up  of  three  things: 
The  gathering  charge,  the  transportation  charge  and 
the  delivery  charge.  The  great  and  the  most  Important 
factor  is  the  rapid  service  by  rail,  presumably  upon  a 
passenger  train.  Therefore  the  whole  property  of  the 
railroad  is  involved  in  giving  that  service.  Does  the 
word  "property,"  as  it  has  been  used,  include  a  deter- 
■  minatlon  as  to  the  value  of  the  passenger  train  and 
all  the  equipment  and  all  the  property  of  the  railroad 
which  goes  to  furnish  that  service? 

That  is  but  one  of  the  primary  questions  which  must 
be  considered  in  the  discussion  of  a  proposition  of  this 
kind. 

Now,  I  submit  to  you  that  these  questions  are  before 
us,  and  probably  before  most  of  the  individual  commis- 
sions of  the  various  States  of  the  Union;  they  certainly 
are  before  the  Interstate  Commerce  Commission.  I  am 
not  speaking  for  the  Interstate  Commerce  Commission 
as  a  whole  in  this  matter.  I  am  speaking  my  own  indi- 
vidual views.  I  feel  it  would  be  highly  improper  for 
us,  in  the  midst  of  an  express  investigation,  to  make 
any  declaration  as  to  what  the  right  basis  for  express 
rates   should  be. 

We  have,  as  perhaps  some  of  you  know,  an  inves- 
tigation now  pending  which  has  been  on  for  a  year  and 
a  half.  We  have  spent  a  large  amount  of  money  in 
that  investigation  on  behalf  of  the  people.  We  are 
to  hold  further  hearings.  We  are  to  have  extensive 
arguments.  This  investigation  will  involve  all  the  great 
express  systems  of  the  country.  We  do  not  know  what 
the  outcome  of  that  investigation  will  be. 

I  think  I  will  ask,  at  any  rate,  that  while  my  vote 
may  be  recorded  in  the  negative  upon  this  proposition, 
it  shall  be  definitely  understood  that  I  am  not  bound 
by  any   action   of  this  body. 

Mr.  Rice,  of  South  Dakota.  In  answer  to  the  two  ques- 
tions of  the  gentleman,  I  will  say,  first,  if  this  conven- 
tion is  not  to  discuss  or  give  its  opinion  upon  matters 
which  are  likely  to  come  before  the  Interstate  Com- 
merce Commission  or  before  the  several  State  com- 
missions, we  should  make  an  apology  to  the  public 
for   our   existence   and   dissolve   and   go   out    of   business. 


PnoCKEDINCiS    OF    TIIK    TwEXTV-TillltU    AnXUAL    CoXVKNTION 


We  have  no  business  to  discuss  anything  else  except 
such  matters  as  are  likely  to  come  before  the  Inter- 
state  Commerce   Commission  and  the  State   commissions. 

So  far  as  the  value  of  the  railway  property  is  con- 
cerned, that  should  be  determined  in  the  same  manner 
as  you  would  determine  the  reasonableness  of  any  other 
rate,  on  the  proportionate  value  of  the  property  engaged. 
That  is  a  matter  to  arrive  at  from  evidence.  We  can- 
not go  into  detail.  We  can  only  pass  resolutions  that 
cover  general   principles.  I 

Mr.  Watson,  of  Oklahoma.  Some  few  y^ars  ago  the 
Oklahoma  commission  went  into  this  express  business 
on  an  investigation,  and  we  had  before  us  four  of 
the  express  companies  doing  business  in  our  State. 
The  question  was  asked  those  representatives  of  the 
express  companies  as  to  how  much  they  had  invested 
In  the  express  business  in  Oklahoma.  The  Wells,  Fargo 
Express  Company's  representative  said  they  had  about 
$80,000  invested  in  the  express  business  in  Oklahoma. 
The  American  Express  Company's  representative  said 
they  had  about  $5,000  invested  in  the  express  business 
in  Oklahoma.  The  United  States  Express  Company's 
representative  said  they  had  nothing  invested  there. 
So,  gentlemen,  in  making  a  rate  in  that  State  for  the 
express  companies,  if  we  make  it  on  the  basis  of  their 
property  .valuation,  what  sort  of  a  rate  would  we  make 
there,  one  company  having  $80,000  invested,  another 
$5,000,   and   another  nothing? 

We  went  further.  We  wanted  to  know  how  much 
they  had  paid  in  in  their  capital  stock  in  the  organiza- 
tion of  their  companies.  We  have  never  been  able  to 
find  a  single  man  who  could  show  where  there  was  ever 
one  dollar  paid  into  capital  stock  in  the  organization 
of  these  companies.  They  are  capitalized,  like  many 
other  corporations,  but  we  have  never  been  able  to 
determine  or  ascertain  that  there  was  one  dollar  of 
stock  paid  into  that  capitalization. 

Yet  we  find  in  this  report  here  on  page  27,  where 
those  companies  are  enabled  to  hold  stock  in  most  of 
the  principal  railroads  of  the  United  States,  up  into 
the  hundreds  of  thousands  of  dollars.  Take  their  stock 
on  the  market  and  see  to-day  what  it  is  quoted  at.  It 
Is  an  inducement  for  investors  throughout  the  United 
States  to  take  stock  in  those  companies  wherever  they 
can  get  it,  on  account  of  the  tremendous  earnings  of  those 
companies. 

If  we  make  rates  in  our  States  upon  the  investment 
they  have  there,  I  submit  to  you  what  kind  of  a  rate 
shall  we  make?  We  can  make  rates  in  the  States  and 
possibly  apply  those  after  they  have  gon«  through  the 
ordeal  of  the  courts,  but  the  things  that  confront  us 
more  than  anything  else  are  the  interstate  rates.  Those 
are  the  things  that  are  hurting  every  man  in  the  United 
States  possibly  more  than  the  State  rates,  because  we 
can  fix  the  State  rates.  But  the  interstate  rates  bring 
up  a  question,  and  it  is  a  question  in  my  mind  if  their 
investments  in  each  and  every  State  are  the  same  as 
they  represent  them  to  be  in  Oklahoma,  as  to  what 
kind  of  a  rate  you  can  make  as  an  interstate  rate. 

These  are  some  questions  from  which  I  should  like 
to  get  some  information— paid-in  capital  stock  and  the 
property    held    for    interstate    business. 

Mr.  Thobne,  of  Iowa.  I  hope  you  will  pardon  me  for 
speaking  again,  but  I  think  the  remarks  of  the  member 
of  the  Interstate  Commerce  Commission,  Commissioner 
Lane,  are  worthy  of  very  serious  consideration  by  us. 

I  feel  that  in  our  discussion  it  is  especially  valuable 
that  we  shall  bring  out  these  different  ideas  as  to  what 
is  the  proper  basis  upon  which  to  say  they  are  entitled 
to  a  return.  My  view  of  the  wording  of  the  resolution 
Is  that  it  did  not  commit  us  to  any  definition  of  the 
property,  did  not  commit  us  to  any  definition  of  what 
the  fair  value  of  that  property  should  be,  or  as  to  what 
elements  should  go  into  it,  or  as  to  what  elements 
should  be  excluded.  As  Mr.  Commissioner  Lane  sug- 
gested, there  are  difficulties  in  that  question.  We  at- 
tempt under  these  resolutions  to  define  and  limit  these 
points  in  no  way  whatsoever.  However,  in  view  of 
the  fact  that  these  subjects  are  now  pending  before 
the  Interstate  Commerce  Commission  and  before  the 
courts,  and  in  view  of  the  fact  that  the  courts  may 
arrive  at  definitions  of  these  different  terms  entirely 
different   from   what   you    and    I   may   think   at   this   time 


Is  correct,  I  myself  must  say,  so  far  as  concerns  the 
passing  of  the  resolution,  in  view  of  the  remarks  of  the 
Interstate  Commerce  Commissioner,  it  seems  to  me  to 
be  hardly  wise.  I  do  not  think  the  motion  should  be 
pressed.  If  we  vote  adversely  to  it,  it  will  be  interpreted 
that  we  thought  the  fair  value  of  the  property  was 
not  the  correct  basis.  If  we  vote  in  favor  of  it  we  may 
commit  ourselves  to  a  proposition  as  defined  by  the 
courts  later  on  which  may  embarrass  us  in  our  own 
work. 

But  I  do  think  this  is  the  place  of  all  places  in 
which  to  discuss  these  things  and  to  get  the  ideas  of 
the  different  people,  as  to  what  is  the  true  basis. 
That  is  the  purpose  of  our  gathering  together,  and  I 
think  the  discussion  of  the  resolution  which  the  mem- 
ber from  South  Dakota  has  injected  into  the  proceedings, 
must  be  of  some  value  to  us  in  our  future  work.  I  do 
not  think  the  motion  should  be  pressed  to  a  vote,  how- 
ever. 

Mr.  Berry,  of  Illinois.  For  the  same  reason  that  has 
been  suggested  by  Mr.  Lane  and  by  the  gentleman 
from  Iowa,  Mr.  Thorne,  Illinois  would  not  want  to  be 
bound  by  this  resolution.  We  have  gone  into  the  in- 
vestigation in  Illinois  at  some  considerable  length.  We 
have  arrived  at  a  conclusion  of  our  own,  and  we  have 
put  that  conclusion  into  an  order  and  put  it  into  a 
tariff  upon  the  basis  of  what  and  how  they  should  make 
their  tariffs,  and  how  and  in  what  manner  express 
companies  should  be  charged  and  make  their  rates. 
That  matter  is  pending  on  appeal  before  the  court,  and 
Illinois  does  not  want  to  go  on  record  as  being  bound 
or  handicapped  by  any  action  of  this  body,  and,  so  far 
as  Illinois  is  concerned,  we  could  not  be  so  bound.  I 
do  not  want  this  association  to  bind  us  or  be  a  party 
to  binding  us  to  a  different  proposition  than  what  we 
have  already  found  and  held  and  which  is  now  pending 
in  the  courts. 

Mr.  Smith,  of  South  Dakota.  We  in  South  Dakota  are 
in  the  express  business.  We  are  trying  to  enforce  a 
schedule  of  rates  adopted  by  the  last  legislature.  The 
courts  have  failed  to  grant  a  temporary  injunction, 
which  was  applied  for  by  the  express  companies.  We 
have  come  here  to  see  if  we  cannot  find  some  way 
to  figure  out  what  would  be  a  reasonable  rate,  because 
we  have  general  powers  if  this  fails. 

At  the  present  time  in  South  Dakota  we  are  carrying 
cedar  posts  and  household  goods  and  first,  second,  and 
third  class  freight  by  express,  simply  because  it  is 
cheaper  than  carriage  by  freight  rates.  Personally,  I 
do  not  believe  that  is  right.  We  come  here  to  get  some 
Information,  when  it  comes  up  to  us,  as  to  how  to 
make  a  fair  and  reasonable  express  rate.  I  want  to 
be  fair  with  the  companies.  If  I  believe  the  rates  are 
too  high,  I  want  to  demand  a  reduction.  If  I  think 
their  rates  are  too  low,  I  am  ready  to  stand  up  and 
say,  "Boost  them."  I  do  not  believe  as  a  rule  in  legis- 
lature-made rates.  I  am  not  in  favor  of  the  present 
rates,  because  we  are  carrying  things  by  express  that 
ought  not  to  be  carried  by  express.  We  are  hampering 
the  passenger  trains,  stopping  them  10  or  15  or  20 
minutes  at  stations  to  unload  this  immense  amount 
of  stuff  that  is  going  by  express,  but  which  ought  to 
go  by  freight.  We  are  giving  to  the  express  companies 
that  which  should  go  to  the  freight  department  of  the 
railroads. 

These  are  the  things  that  are  helping  the  agitation 
to  eliminate  the  express  business  from  the  express 
companies  and  put  it  into  the  hands  of  the  common 
carriers.  It  is  a  radical  move  to  agitate  the  eliminl- 
tlon  of  express  companies,  but  I  believe  that  we  are 
progressing  along  the  lines  that  if  we  cannot  get  a 
reasonable  rate  and  these  companies  continue  to  be 
allowed  to  make  these  large  dividends  the  time  is 
not  far  distant  when  the  railroads  of  this  country  will 
have  to  do  the  express  business  as  common  carriers, 
and  I  for  one  will  not  continue  to  support  that  theory 
of  the  express  companies  very  much  longer  If  we  can- 
not get  reasonable   rates. 

It  is,  as  the  gentleman  from  Oklahoma  says,  the 
Interstate  rates  that  hurt  us.  The  courts  say  we 
cannot  interfere  with  them.  It  is  a  question  not  yet 
ultimately  decided  by  the  Supreme  Court  of  the  United 
States,    but    I    believe    it    to    be    unfair    when    we    haul 


46 


National  Associatiox  of  Railway  Coi[-MissioNKiis 


cedar  posts  and  household  goods  and  first,  second  and 
third  class  freight  by  express.  We  got  that  idea  on 
the  theory  of  the  money  invested.  They  came  into 
our  State  and  made  affidavit  that  they  only  had  |12,000 
invested  in  the  use  of  the  express  business,  but  that 
its  intrinsic  value  was  a  little  over  $4,000.  In  other 
words,  if  a  table  was  in  the  express  company's  office 
it  was  worth  a  large  amount,  but  if  it  was  in  a  lawyer's 
office  it  was  not  worth  very  much;  if  a  horse  was  in 
the  express  business  it  was  worth  very  much  more, 
while  if  it  was  in  an  ordinary  business  of  life  it  was 
worth  practically  nothing.  The  court  asked  them  to 
explain  why  that  should  be  so  much  more  valuable 
in  the  express  business.  The  lawyer  representing  the 
express  companies  could  not  giv^  any  answer.  Finally 
the  judge  helped  him  out.  He  said,  "The  stationery 
Is  worth  more  in  the  express  company's  office  than  it 
is  elsewhere;    that  is  the  only  solution  of  the  question." 

Mr.  Rice,  of  South  Dakota.  Without  receding  in  any 
way  from  the  position  I  have  taken,  but  in  view  ol 
the  fact  that  a  number  of  the  members  of  this  asso- 
ciation do  not  wish  to  vote  upon  this  question  at  this 
time,  with  the  consent  of  my  second  I  will  withdraw 
the    motion. 

President  Burk.  Unless  there  is  objection,  the  motion 
Is  withdrawn.    Hearing  no  objection,  it  is  so  ordered. 

Mr.  Clakk,  of  the  Interstate  Commerce  Commission.  I 
want  to  call  attention  to  a  part  of  this  report — and 
this  may  be  done  under  this  heading  as  well  as  under 
any  other  heading.  The  point  to  which  I  wish  to 
call  attention  goes  to  subhead  No.  1  and  to  every  other 
subhead  in  the  report,  and  it  is  embodied  in  the  con- 
clusions of  the  committee,  found  on  page  37  of  their 
report, 

I  think  it  should  be  borne  in  mind  all  through  this 
discussion  that  this  committee,  composed  of  men  who 
have  given  as  much  attention  and  as  much  earnest 
effort  to  this  and  other  work  of  this  association  as 
any  other  members  of  the  association,  recommend, 
after  their  investigations  upon  which  this  report  is 
based — 

That  the  whole  matter  be  recommitted  to  a  like  committee, 
composed  of  such  number  of  members  as  the  convention  may 
deem  best,  witli  instructions  to  begin  at  an  early  date  the 
work  of  completing  or  continuing  this  investigation,  to  the  end 
that  some  definite  and  valuable  data,  and  if  possible  conclu- 
sions and  recommendations,  be  arrived  at  for  presentation  to 
the   next  annual   meeting  of   this   association. 

I  submit  that  in  the  face  of  that  recommendation 
of  this  committee  it  would  be  rather  extraordinary  for 
this  convention  to  commit  itself  to  definite  resolutions 
as  to  any  of  the  subheads  into  which  this  comrhittee 
has    divided    this    report. 

Mr.  Stutsman,  of  North  Dakota.  What  has  been  said 
by  the  gentlemen  may  be  all  very  true,  but  we  are 
here  to  get  the  benefit  of  each  other's  ideas,  and  while 
it  may  not  be  necessary  to  press  to  a  vote  the  con- 
clusion or  the  issue  which  we  discuss,  yet  it  is  of 
Immense  value  to  the  members,  as  I  take  it,  to  be 
able  to  ascertain  the  ideas  and  opinions  of  other  mem- 
bers of  the  association.  Mr.  Staples  has  precisely  stated 
that  the  purpose  for  which  they  have  submitted  this 
report  is  to  get  the  ideas  of  the  association  and  to 
instruct  the  future  members  of  the  committee  or  the 
same  members  upon  the  line  of  work  to  be  adopted  by  it. 

It  seems  to  me  very  pertinent  for  us  to  discuss  every 
subhead  into  which  this  report  has  been  divided,  al- 
though I  may  agree  with  the  gentleman  from  South 
Dakota,  Mr.  Rice,  and  the  other  gentlemen  who  spoke 
on  that  question,  that  it  may  not  be  the  very  best  policy 
to  force  each  of  these  issues  to  a  vote.  However,  I 
think  it  is  very  proper  for  us  to  discuss  a  subhead,  and 
for  the  committee,  if  it  is  continued  or  another  com- 
mittee appointed,  to  get  the  benefit  of  the  discussions 
now  held  regarding  these  matters. 

Mr.  Stapijis,  of  Minnesota.  If  there  is  nothing  further 
to  be  said  on  section  1,  I  want  to  thank  Commissioner 
Rice  for  ottering  the  resolution  and  to  thank  him  again 
for  withdrawing  it.  It  has  accomplished  just  the  purpose 
that  the  report  is  intended   to  accomplish. 

It  is  very  questionable  in  my  mind  how  much  time 
the  convention  desires  to  devote  to  this  report,  but,  of 
course,  that  is  for  the  convention  to  determine.  They 
may  pass  these  topics  as  fast  as  they  see  fit. 


Mr.  Staples,  of  Minnesota.  The  second  topic  is  found 
on  page  20: 

Are  the  returns  now  received  by  the  railway  companies  for 
carrj'ing  express  matter  excessive?  In  other  words.  Is  the 
amount  paid  by  the  express  companies  to  railway  companies 
for   transportation  reasonable? 

It  is  not  so  much  to  dispose  of  the  question  here 
this  morning  as  to  whether  the  sums  in  the  aggregate 
paid  by  express  companies  to  railway  companies  for 
transportation  are  reasonable  as  it  is  to  determine 
whether  the  method  adopted  for  determining  those 
sums  is  a  fair  and  reasonable  method.  I  take  it  that 
every  commissioner  here  knows  that  the  method  now 
employed,  I  think,  by  all  companies  is  to  pay  to  the 
transportation  or  railway  company  a  fixed  percentage 
of  the  gross  earnings  received  by  the  express  com- 
panies for  the  entire  carriage  of  the  property.  Those 
percentages  vary,  I  think,  from  40  per  cent  to  as  high 
as  70  per  cent  with  different  companies.  I  think  it  Is 
immaterial  what  that  per  cent  is. 

There  are  two  questions  involved,  namely:  Is  the 
gross  amount  received  by  the  railway  company  to-day 
a  reasonable  sum?  Second,  is  the  method  of  arriving 
at  that  amount  or  determining  that  amount  a  r^sonable 
method? 

It  has  been  made  clear  by  illustrations  set  forth  In 
this  report  that  the  transporting  of  any  commodity  in  a 
large  number  of  packages  to  a  large  number  of  in- 
dividuals between  two  given  points  yields  to  the  rail- 
road company  many  times  the  amount  which  the  rail- 
road company  would  receive  if  it  were  transporting  the 
very  same  amount  of  the  same  commodity  In  one  pack- 
age. That  is  perhaps  the  best  illustration  which  can 
be  set  out. 

I  am  not  like  some  of  the  members  here,  in  that  if 
I  have  an  opinion  I  am  willing  to  express  it,  and  I  am 
not  disposed  to  ask  this  association  and  every  member 
to  refrain  from  expressing  an  opinion  simply  because 
there  is  a  matter  pending  before  his  commission  or 
some  other  body  which  is  to  be  finally  disposed  of. 
The  views  of  any  member  here  may  help  me  very 
materially;  perhaps  will  modify  my  views;  and  I  may 
change  my  opinion.  If  the  arguments  presented  con- 
vince me  that  I  am  wrong,  I  certainly  will  change  my 
opinion.  I  do  not  believe  there  is  any  member  here 
who  is  infallible,  and  I  do  not  believe  there  is  any  one 
commission  that  is  capable  of  making  a  rule  which 
shall  govern  all  other  commissions.  The  whole  com- 
mission  may  be   mistaken. 

I  think  the  present  policy  or  the  present  plan  of 
determining  the  amount  which  express  companies  shall 
pay  to  railway  companies  is  wrong,  and  some  other 
means  should  be  arrived  at  or  used  for  determining  the 
amount  that  should  be  paid  to  the  railway  companies. 
If  $100,000  in  the  aggregate  is  a  reasonable  sum,  a  just 
sum,  to  pay  to  any  given  railroad  company  for  handling 
the  express  matter  over  one  particular  line  for  a  period 
of  12  months,  and  if  it  is  found  that  the  express  rates 
over  that  line  are  high,  unreasonably  high,  it  is  cer- 
tainly unjust  when  you  reduce  those  rates,  say  25  per 
cent,  to  reduce  the  amount  paid  to  the  railway  company; 
and  that  is  just  what  you  do  under  the  plan  now  in 
vogue. 

You  could  adopt,  for  Instance,  the  tonnage  basis  upon 
which  to  determine  the  amount  the  express  company 
shall  pay  to  the  railway  company,  and  you  would  then 
overcome  that  objection  to  an  extent,  and  to  a  very 
large   extent,  too. 

The  question  of  space  occupied  in  the  car  and  the 
question  of  tonnage  are  the  two  principal  questions  in 
which  the  railroad  company  is  interested.  As  I  say, 
that  is  one  suggestion.  Somebody  here  may  be  able 
to  offer  another,  and  they  may  be  able  to  convince  me 
that  I   am   entirely  wrong  in   my  views   upon   that   point. 

Mr.  Stutsman,  of  North  Dakota.  The  situation  in  North 
Dakota  is  this:  The  three  express  companies  doing 
business  in  that  State  receive,  as  Mr.  Staples  says,  a 
certain  percentage  of  the  income,  and  the  balance  goes 
to  the  railway  company;  but  each  of  those  express 
companies  is  merely  an  auxiliary  company  to  the  rail- 
way company  over  whose  lines  it  does  business.  In 
other  words,  it  is  merely  a  matter  of  bookkeeping  as  to 
whether   an    express   company    or   a    railway    company    is 


Proceedixgs  of  Tin-:  Twexty-Third  Axnual  Convention 


47 


handling  the  express  business.  For  convenience  in 
booklteeping,  possibly— we  will  call  it  that— the  railway 
companies    are    handling    the    express    business. 

That  brings  up  the  question  which  Mr.  Commissioner 
Lane  raised  in  his  suggestion  awhile  ago,  as  to  the 
method  of  determining  the  amount  of  charges  by  the 
express  companies  which  they  should  be  permited  to 
raalce;  and  in  determining  what  is  the  property  and  in 
determining  the  fair  value  of  the  property,  Ht^  is  apparent, 
when  a  commission  goes  up  against  the  proposition  of 
determining  the  fair  value  of  the  property  of  an  ex- 
press company  which  is  part  and  parcel  of  a  railway 
company,  that  the  fairness  and  reasonableness  of  the 
rate  cannot  be  determined  until  we  determine  the  entire 
valuation  of  the  railway  company's  plant,  and  then 
determine  whether  the  railway  company  is  getting  a 
fair  proportion  of  the  express  receipts  or  not  when  it 
gets  55  or  60  or  65  or  75  per  cent  of  the  gross  earnings. 

That  is  a  question  upon  which  our  commission  will 
be  glad  to  receive  the  ideas  of  the  other  commissioners. 
It  there  is  any  other  way  which  is  better  than  the  per- 
centage basis  for  a  railway  company  to  divide  with  an 
express  company  the  receipts  of  that  express  company, 
when  it  is  part  and  parcel  of  the  same  system,  we  shall 
be  glad  to  hear  of  it.  But  from  our  point  of  view  it 
appears  to  us  it  is  absolutely  immaterial  what  method 
the  railway  companies  and  the  express  companies  in 
our  State  use  to  determine  the  proportion  of  the  re- 
ceipts of  the  business  that  each  should  be  entitled  to, 
because   they   are   one   and   the   same   thing. 

The  railway  companies  perhaps  get  60  or  65  per 
cent.  We  are  all  agreed  that  the  rates  for  express 
matter  are  too  high;  but  how  are  we  going  to  determine 
the  amount  that  they  should  be  permited  to  charge 
unless  we  shall  go  into  the  physical  valuation  of  the 
entire  railroad  system  over  which  those  express  com- 
panies are  operating?  If  there  is  any  way  by  which 
a  fair  proportion  or  a  fair  division  of  the  receipts  may 
be  given  to  the  railway  companies  and  that  be  de- 
termined to  be  fair,  and  then  by  which  the  commission 
can  determine  whether  or  not  the  balance  is  an  ex- 
cessive charge  or  an  excessive  profit  for  the  express 
companies  to  make,  we  shall  be  glad  to  receive  some 
Ideas  and  suggestions  along  those  lines.  If  it  is  pos- 
Blble  to  determine  what  would  be  a  fair  tonnage  price 
to  pay  for  the  transportation  of  express  matter,  and  that 
would  be  a  fixed  proposition  which  would  relieve  us 
from  any  further  obligation  or  any  duty  in  regard  to 
the  investigation  of  that  matter,  then  we  would  be  in  a 
position  to  determine  whether  or  not  the  balance  of  the 
express  charges  is  more  than  the  express  companies 
should    be   entitled   to   have. 

Mr.  GoTHLiN,  of  Ohio.  A  little  further  illustration  of 
the  point  that  Mr.  Staples  is  bringing  out,  showing  how 
the  existing  practice  of  paying  the  railroad  companies  a 
percentage  of  the  receipts  may  work  out,  we  will  assume, 
for  instance,  that  the  transportation  is  between  two 
points  where  the  merchandise  rate  for  100  pounds  is 
$1.  Under  a  55  per  cent  basis,  the  railroad  company  for 
that  transportation  service  will  get  55  cents,  and  the 
express  company  would  get  45  cents  for  their  collection 
and  delivery  service,  billing,  etc.  If  you  take  that  same 
tonnage  and  carry  it  between  two  points  where  the 
merchandise  rate  is  $5  per  hundred  pounds,  on  a  55 
per  cent  basis  the  railroad  company  gets  |2.70  and  the 
express  company  gets  $2.30  for  performing  practically 
the  same  service,  so  far  as  their  part  of  the  work  is 
concerned,  as  they  do  on  the  short  haul.  In  that  illustra- 
tion the  increased  rate  for  the  transportation  service 
performed  by  the  railway  company  seems  to  be  right; 
but  the  question  is,  Is  that  a  fair  relation  when  the 
services  given  to  the  public  by  the  express  company  are 
practically  the  same,  whether  the  transportation  be  on 
a  |1  basis  or  a  $5  basis  or  a  $10  basis?  They  are  going 
on  an  increasing  scale  for  practically  the  same  services 
performed. 

Another  feature  in  some  cases  between  given  points 
of  large  population  is  that  the  railway  company  furnishes 
a  car  for  the  use  of  the  express  company.  The  cost 
to  the  railroad  company  is  practically  fixed  in  that 
case.  The  cost  of  transporting  that  car  in  a  given 
train  each  day  varies  very  slightly,  whereas  the  revenue 
may   vary   a   great    deal.     There    may    be   on    one    day   a 


very  large  amount  of  revenue  tonnage  in  the  car,  and 
on  another  day  a  very  small  amount  of  revenue  ton- 
nage in  the  car,  and  the  railroad  company,  instead  of 
getting  their  fixed  charge  or  something  substantial  each 
day  for  a  fixed  service  they  perform,  get  a  varying 
charge,  which  may  one  day  be  very  much  less  than  the 
amount  to  which  they  would  properly  be  entitled,  and  on 
another  day  be  very  much  in  excess  of  the  amount  to 
which    they    were    entitled. 

The  reason  we  include  this  feature  of  the  express 
service  is  to  get  the  expressions  of  the  individual  mem- 
bers, not  so  much  to  have  any  concrete  resolutions 
offered,  expressing  the  sense  of  the  association  as  a 
whole,  but  to  get  individual  opinions  upon  these  variOH8 
subjects  as  they  come  up.  I  am  inclined  to  agree — in 
fact,  I  do  agree — very  heartily  with  Mr.  Staples  in  the 
opinion  that  so  far  as  we  have  been  able  to  learn  up 
to  date  the  existing  practice  of  compensating  railroad 
companies  for  their  transportation  service  on  the  per- 
centage basis  of  earnings  may  not  be  justified  by  any 
argument  which  would  seem  to  appeal  to  our  sense 
of  reason   and  right. 

Mr.  Mann,  of  North  Dakota.  If  I  should  express  my 
opinion,  I  would  say  I  think  it  would  be  more  right 
for  the  express  companies  to  be  paid  by  the  railroad 
companies  for  their  service  than  for  the  express  com- 
panies to  pay  the  railroad  companies  for  the  service. 
This  is  merely  an  opinion  of  mine,  and  it  might  be 
stated  a  little  more  clearly.  Take  the  Pullman  service, 
you  have  to  buy  your  tickets  for  your  ride  the  same  as 
you  do  in  riding  in  any  other  car;  but  for  the  privilege 
of  riding  in  the  Pullman  you  have  to  pay  an  additional 
two  or  three  dollars,  or  whatever  the  charges  may  be. 
"This,  as  I  say,  is  merely  my  idea,  and  I  give  it  because 
you   have   asked   for  opinions. 

INTERCOKPORATE    RELATION     OF    EXPRESS     COMPANIES     .\ND    RAIL- 
WAY  COMPANIES. 

Mr.  Staples,  of  Minnesota.  The  next  question  will  be 
found  on  page  25 — Should  express  companies  be  per- 
mitted to  hold  or  own  stock  of  other  express  companies 
or  railway  companies,  and  should  not  an  express  com- 
pany be  limited  and  confined  to  the  express  or  trans- 
portation  business? 

I  wish  to  offer  no  argument,  but  I  shall  express  my 
views.  First,  that  they  should  not  be  permitted  to  own 
or  control  stock  of  any  competing  or  other  transporta- 
tion company;  second,  an  express  company  organized  to 
do  an  express  business  should  be  confined  to  that 
business,  and  its  capital  should  also  be  confined  to  that 
business. 

Mr.  Rice,  of  South  Dakota.  I  will  make  another  motion, 
which  I  do  not  think  I  will  withdraw. 

I  move  you  that  Congress  should  be  requested  to 
enact  a  law  prohibiting  common  carrier  corporations 
from  owning  stock  In  any  other  common  carrier  cor- 
poration. 

I  offer  it  as  the  conclusion  which  this  convention 
has  come  to  after  reading  that  report.  This  matter 
cannot  possibly  come  before  any  commission  for  de- 
termination  to  carry  out   the   report  of  the  committee. 

Mr.  Berry,  of  Illinois.  It  seems  to  me  if  we  are  going 
to  make  any  recommendation  at  all  that  that  is  too 
broad.  I  do  not  know  what  the  Federal  law  might  be, 
but  applying  that  to  a  State  law — for  instance,  to  our 
own  State  law — that  law  defines  common  carriers  very 
broadly,  and  everything  that  does  a  public  business  is 
termed  a  common  carrier  in  our  State.  I  see  no  objec- 
tion to  an  express  company  owning  bonds  or  stocks  of 
certain  kinds  of  common  carriers  and  the  railroads  the 
same.  Sleeping-car  companies  and  street-car  companies, 
and  a  great  many  others,  such  as  steamboat  lines, 
things  like  that,  in  our  State  are  made  common  carriers. 
Associations  and  partnerships,  and  a  large  number  of 
classes  of  businesses  of  that  kind,  it  seems  to  me,  ought 
not   to   be   barred   from    selling   their   stocks. 

Mr.  Watson,  of  Oklahoma.    Are  those  competing  lines? 

Mr.  Berry,  of  Illinois.    No,  sir. 

Mr.  Watson,  of  Oklahoma.  This  contains  competing 
lines. 

Mr.  Berry,  of  Illinois.  It  does  not  say  so.  If  it  did  I 
should   have   no  objection   to   It. 

Mr.  Rice,  of  South  Dakota.     I  do  not  want  to  put  lii  the 


48 


National  Association  "of  Eailway  Commissionebs 


words,  "competing  companies,"  because  I  do  not  want 
express  companies  to  own  stoci?  in  railway  companies 
or  railway  companies  to  own  stock  in  express  companies. 

Mr.  Beery,  of  Illinois.    Then  say  that. 

Mr.  Rice,  of  South  Dakota.  If  you  look  over  a  list  of 
directors  in  the  express  companies  and  railroad  com- 
panies you  will  find  why  such  favorable  contracts  are 
made.  If  I  can  comply  with  the  request  of  the  gentle- 
man,   I    will    try    to    do    so. 

I  move  that  express  companies  be  prohibited  from 
owning  stock  in  any  other  express  companies  or  any 
other  railway  companies,  and  that  railway  companies 
be  prohibited  from  owning  stock  in  any  express  com- 
panies. I  withdraw  the  first  motion  and  now  make  this 
as   a   substitute. 

The  President.  It  is  moved  by  the  commissioner  from 
South  Dakota,  and  seconded,  that  express  companies 
shall  be  prohibited  from  owning  stock  of  any  other 
express  company  or  the  stock  of  a  railroad  company, 
and  that  railroad  companies  shall  be  prohibited  from 
owning  stock   in    express   companies. 

The   question   was   taken  by   a  viva  voce  vote. 

The  Presidknt.  The  chair  is  in  doubt.  As  many  as  are 
in   favor  of  the  motion   will  please  rise  and   be   counted. 

The   secretary  announced  that   19   had   voted  aye. 

The  President.  As  many  as  are  against  the  motion  will 
please  rise  and  be  counted. 

The  secretary  announced"  that  30  had  voted  in  the 
negative. 

The  President.    The  motion  is  lost. 

ELIMINATION  OF  EXPRESS  COMPANIES. 

Mr.  Staples,  of  Minnesota.  I  can  add  nothing  to  sub- 
division 4,  which  is  found  on  page  27,  entitled,  "Elimina- 
tion of  express  companies."  It  will  be  noted  at  the 
bottom  of  page  31,  the  last  five  lines,  the  committee 
concludes   as   follows : 

Your  committee  has  not  pursued  this  subject  far  enough 
to  enable  It  to  arrive  at  any  conclusions,  but  recommends  that 
the  Importance  of  the  subject  demands  that  investigation  of 
these    things   be   continued. 

Mr.  Rice,  of  South  Dakota.  I  make  the  following  mo- 
tion: 

That  Congress  should  enact  legislation  requiring 
railway  companies  to  conduct  the  business,  as  common 
carriers,  now  conducted  by  express  companies;  and  that 
railroad  companies,  so  far  as  practicable,  be  required 
to  own  all  equipment  necessary  to  carry  on  this  business. 

Mr.  Wingfield,  of  Virginia.  I  can  not  but  deprecate 
that  this  body  should  take  any  position  on  these  ques- 
tions pending  an  incomplete  Investigation  by  this  com- 
mittee or  a  succeeding  committee  and  the  investigation 
now  going  on  before  the  Interstate  Commerce  Com- 
mission. As  I  understood,  this  subject  was  brought  up 
by  the  chairman  of  the  committee  this  morning  to  get 
an  expression  of  views,  to  get  light,  as  far  as  it  could 
be  gotten  at  this  time,  for  the  continuance  of  this  in- 
vestigation. If  we  vote  upon  any  one  of  these  questions 
— If  we  vote  affirmatively — it  is  to  be  taken  as  in  the 
nature  of  instructions  to  this  new  committee.  If  we 
vote  negatively,  it  counts  the  same  way — as  an  instruc- 
tion. But  I,  for  my  part,  am  not  ready  to  take  any 
position  upon  these  questions  until  the  investigation 
has  been  completed.  Therefore  I  hope  that  these 
motions  will  not  be  pressed.  Let  us  go  on  and  discuss 
these  various  subheads  as  the  chairman  of  the  com- 
mittee   may    wish. 

Mr.  Watson,  of  Oklahoma.  I  do  not  entirely  agree  with 
the  gentleman  from  Virginia  as  to  making  further  delays 
upon  this  subject.  I  think  this  association  ought  to 
make  some  recommendation  upon  the  line  suggested 
by   Mr.    Rice. 

We  will  all  agree  that  our  Interstate  rates  on  express 
matter  are  entirely  too  high,  in  many  Instances.  For 
Instance,  a  short  time  ago  I  had  occasion  to  order  a 
small  piece  of  casting  that  cost  45  cents  at  the  factory. 
The  express  on  that  for  450  miles,  over  one  line,  was 
13.75.  Now,  we  have  many  Instances  of  that  kind  that 
come  before  us  that  we  cannot  handle  because  they 
are  interstate.  But  If  the  railroad  companies  themselves 
were  handling  the  express  business  and  getting  the 
entire   revenue  themselves,  and   did   not  have   to   divide 


with   another    company,    I    do   not    believe    I    would    have 
had  to   pay  over  one-quarter  of  that  amount. 

There  are  many  instances  of  that  kind  that  come 
before  all  of  us,  and  the  people  in  the  western  section 
of  the  United  States,  so  far  as  I  know,  are  heartily  In 
sympathy  with  the  railroads  handling  the  express  busi- 
ness, because  they  believe  they  could  handle  it  much 
cheaper  than  the  express  companies  that  have  to  divide 
with  the  railroad  companies.  I  think  at  this  time  this 
association  should  give  some  expression  upon  that  sub- 
ject, looking  to  the  end  that  the  railway  companies, 
while  they  are  practically  handling  the  business  them- 
selves, ought  not  to  be  forced  to  divide  with  another 
company,  which  is  possibly  getting  the  larger  part  of 
the    profits   without   performing   any   service. 

It  has  been  stated  in  some  of  our  deliberations  that 
the  railroad  companies  get  50  per  cent  or  55  per  cent 
for  handling  the  business;  the  agents  taking  up  the 
business  get  10  per  cent,  and  the  agents  delivering 
the  package  get  10  per  cent.  It  the  railroad  companies 
were  getting  50  per  cent  and  the  agents  picking  up 
and  delivering,  10  per  cent  each,  that  would  make  70 
per  cent.  Then  you  can  see  what  the  express  companies 
are   getting,   less   a   little   stationery   that   they  have. 

Now,  I  believe  if  we  were  to  ask  Congress  to  enact 
a  law  providing  that  the  railroad  companies  should 
handle  the  express  business,  that  it  would  result  in  a 
saving  to  the  people  of  the  United  States  who  patronize 
these   companies   of  at  least   20   to   25   per   cent. 

At  the  same  time  the  railroad  companies,  if  they 
did  not  have  to  divide  with  the  express  companies, 
could  handle  the  business  much  cheaper  than  the  way 
in  which  it  is  handled  at  the  present  time.  I  do  not 
think  we  should  delay  in  making  recommendations  upon 
this  line,  even  if  this  subject  of  express  rates  and  ex- 
press service  is  referred  to  another  committee.  They 
will  likely  have  to  go  over  the  same  subjects  that  the 
present  committee  has  gone  over,  and  possibly  when 
we  meet  again  in  another  session  they  will  not  be  much 
better  informed  than  the  committee  that  has  it  in 
charge  at  this  time,  unless  the  present  committee  is 
retained   that  they  may  go  further  into  the  matter. 

But  I  do  not  see  that  it  would  be  at  all  out  of  order 
at  this  time  to  make  the  recommendation  suggested.  It 
certainly  will  not  deter  the  next  committee  any  in  their 
work,  but  might  be  of  some  help  to  them  in  working 
to   that  end. 

So  I  think  that  we  should  adopt  the  resolution. 
Mr.  GoTHLiN,  of  Ohio.    I  am  very  much  inclined  to  agree 
with   my  friend   from   Virginia  in   the  views  that   he  has 
expressed   regarding  this   matter. 

This  resolution  now  offered,  and  the  one  previously 
considered,  both  relate  to  subjects  of  a  very  wide  scope. 
I  voted  against  the  previous  resolution,  not  because  I 
was  prepared  to  say  the  mover  of  that  resolution  was 
wrong,  but  because  I  am  not  prepared  to  say  he  was 
right.     He  may  be  entirely  right. 

In  this  second  resolution  now  before  us  I  doubt  if 
the  gentleman  himself  were  invested  to-day  with  the 
power  absolutely  to  do  what  he  proposes  we  recommend 
be  done  he  would  offhand  proceed  and  do  it.  I  think 
he  would  be  very,  very  cautious,  and  take  a  long  time 
to  make  an  investigation,  and  try  to  get  information 
from  every  possible  source  as  to  what  the  result  of  that 
action   might  be  upon  the   public. 

The  committee  are  very  glad  to  get  all  these  ex- 
pressions, but  I  am  not  prepared  myself — I  confess  my 
Ignorance  especially  on  these  two  momentous  questions 
proposed — to  say  that  I  want,  by  my  vote,  to  declare 
that  the  association  should  voice  right  straight  out, 
.latfooted,  those  sentiments  without  further  investigation. 
I   am   not  prepared   to   do  that. 

The  question  of  separating  the  express  companies 
from  the  railroad  companies  at  once  and  saying  to  the 
railroad  companies,  "You  are  the  parties  we  are  after," 
and  recommending  legislation  tending  to  that  end,  with- 
out further  investigation,  is,  it  seems  to  me,  proceed- 
ing a  little  bit  too  fast. 

I  want  to  learn  more,  and  I  am  not  prepared  to  vote 
in  the  affirmative  of  this  resolution  at  the  present  time 
any  more  than  I  was  on  the  other  one,  although  I  am 
not  prepared  to  say  in  either  case  that  the  gentleman 
Is  not  right  in  his  sentiment;  he  may  be  right. 


Pkoceedings  of  the  T\\  kxty-Thihd  Annual  Convkntiox 


49 


I  think  the  association  should  be  very  careful  about 
putting  itself  on  record  right  straight  out  and  flat-footed 
upon  subjects  as  broad  as  these  two  subjects  are. 

Mr.  Oglesby,  of  Missouri.  Suppose  the  railroads  should 
carry  the  express  exclusively.  We  have  some  roads  In 
our  State  that  do  nothing  of  an  express  business.  They 
carry  live  stock,  lumber,  ties  and  implements.  What 
effect  would  that  have  upon  them?  I  would  like  to  ask 
that  of  the  gentleman  from  Ohio.  I  believe  that  is  a 
question  that  should  be  given  due  considevration.  Those 
things  ought  to  be  thrashed  out.  I  do  Wt  think  we 
should  be  in  a  hurry  to  pass  these  things.  It  is  a  big 
proposition. 

These  roads,  and  we  have  quite  a  number  of  them 
in  the  southern  part  of  our  State,  use  our  maximum 
for  hauling  freight.  I  believe  if  that  was  done  all  over 
the  State  that  our  small  roads  would  go  out  of  the 
freight  business  and  go  into  the  express  business.  It 
is  a  question  of  what  eltect  this  would  have  on  these 
roads.  As  I  have  said,  I  think  we  should  go  into  this 
question  very  deeply  before  we  make  up  any  recom- 
mendation. 

Mr.  McKnioht,  of  Arkansas.  "Procrastination  is  the 
thief  of  time,"  as  has  been  well  said.  Why  should  we 
delay  action  upon  this  question  for  a  year?  The  profi- 
ciency of  the  business,  the  identical  same  train  that 
handles  this  stuff  in  the  express  business  must  handle 
it  if  it  is  freight,  if  it  is  an  ounce  or  if  it  is  a  carload. 
The  proficiency  of  the  business  alone  should  be  enough 
to  justify  us  in  seeing  that  some  method  Is  put  forth, 
and  that  readily,  to  carry  this  stuff  to  the  point  of 
destination  with  the  least  possible  cost.  It  is  our  duty. 
It  is  our  duty,  locally  as  a  commission.  It  is  the  duty 
of  the  Federal  branch,  upon  the  part  of  the  United 
States. 

This  condition  exists  in  my  country:  We  are  a 
sparsely  settled  country.  We  have  many  small  roads 
that  have  no  express  contracts  at  all.  The  fact  of  the 
business  is  that  the  express  company  carries  it  down 
to  the  junction  point  with  this  road.  Then  it  becomes 
freight  and  it  has  a  double  charge  out  to  the  point  of 
destination. 

In  other  points  we  have  it  like  this:  Here  is  a 
railroad  station.  The  train  bringing  express  stops.  The 
man  who  has  shipped  an  article  from  some  point  for 
distribution,  say  St.  Louis,  stands  right  in  the  face  of 
that  train  and  he  sees  that  article  in  the  express  car. 
He  has  the  money  to  pay  the  express  on  it.  It  is  landed 
8  or  10  miles  down  below  that  and  put  off  where  there 
Is  an  express  agent.  He  cannot  get  it,  although  it  is 
his.  He  must  take  his  team  and  drive  down  there  in 
order  to   get   that   package. 

I  have  argued  this  question  somewhat  with  our  local 
State  agent  at  Little  Rock — not  the  local  agent  at  the 
point  of  destination,  but  the  officers  who  have  charge 
there  in  the  State.  They  tell  me  this  is  their  objection 
to  this:  That  an  article  originating  in  any  of  the  com- 
mon points  of  the  United  States  and  going  into  that 
section  would  have  to  change  roads  four  or  five  times, 
doubtless,  to  reach  its  destination. 

I  answer  that  question  this  way:  I  say  it  must 
make  identically  the  same  charge  if  it  is  carried  by 
express  companies  as  if  it  is  carried  by  railroad  com- 
panies. 

It  seems  to  me  it  amounts  to  two  opportunities  to 
charge,  where  there  should  be  but  one.  If  we  were  in 
session  every  day  in  the  year,  or  every  month  in  the 
year,  this- question  of  delay  might  be  well  taken.  But 
why  should  we  sit  idly  by  for  one  year  before  we  say 
a  word   upon   this  subject? 

I  believe  the  time  is  rii>e  in  the  United  States  when 
we  can  say  to  the  railroad  companies  and  the  express 
companies,  "You  must  fix  this  rate  matter  right."  Let 
the  railroads  carry  it  or  let  the  express  companies  carry 
it.  Then  the  question  would  devolve  upon  the  railroads 
alone,   taking   this    commodity. 

A  special  condition  exists.  Say  there  is  a  2-pound 
package  originating  at  a  distance  of  27  miles.  By 
express  and  freight  combined  in  our  State  it  would  cost 
55  cents.  These  are  the  conditions.  These  things  are 
urgent  and  should  be  brought  directly  by  freight.  The 
United  States  Postal  Service  has  under  discussion  this 
question    of    whether    they    will    take    packages    of    more 


than  4  pounds.  That  is  a  question  that  is  coming  before 
us,  and  I  would  be  glad  if  the  United  States  Postal 
Department  were  compelled  to  handle  this  matter,  be- 
cause they  can  reach  so  many  places  where  the  express 
company  does  not  go.  A  freight  man  said  to  me,  "We 
are  putting  in  a  certain  tariff."  I  said,  "Put  the  tariff 
in  and  let  the  commodity  take  care  of  itself."  I  believe 
the  same  thing  about  express  companies.  Put  In  the 
tariffs,  put  the  price  right  for  the  service.  It  makes  no 
difference   who    handles   It. 

Mr.  Oglesby,  of  Missouri.  Can  I  ask  the  gentleman  a 
question:  In  your  State  do  you  have  free  delivery 
of  freight  or  express   in   towns? 

Mr.  McKnight.     In  Arkansas  we  do. 

Mr.  Oglesby,  of  Missouri.  Can  you  compel  a»  express 
company  to  deliver  a  package  in  a  small  town  to  Its 
house   number  in   the   town   limits? 

Mr.  McKnight,  of  Arkansas.  We  can.  The  law  reads 
this  way:  So  far  as  reasonable.  Now,  I  do  not  be- 
lieve we  could  go  in  a  town  of  200  Inhabitants  and  say 
to  an  express  company,  "You  must  deliver  this  article 
In  this  town."  But  if  the  size  justifies  it,  we  can  do 
it.  We  had  up  recently  a  case  of  that  kind,  in  the 
northern  part  of  our  State,  and  it  was  adjusted  before 
it  came  to   trial.     We   can  do   so  if  it   is   justified. 

Mr.  Oglesby',  of  Missouri.  Can  you  compel  a  railroad  to 
deliver  freight  in   the   town,   away   from   the   depot? 

Mr.  McKnight,  of  Arkansas.    I  believe  not. 

Mr.  Oglesby,  of  Missouri.  Would  not  that  have  some 
effect?  Suppose  the  railroad  company  is  handling  ex- 
press, and  should  say  they  would  not  deliver  beyond 
the   depot? 

Mr.  McKnight,  of  Arkansas.  The  statute  that  regulates 
the  handling  of  express  matter  could  also  regulate  that. 
If  the  express  companies  handle  it  with  teams,  the  rail- 
road companies  could  do  it  with  the  same  teams,  the 
same  agents,  the  same   men. 

Mr.  Oglesby,  of  Missouri.  Can  you  compel  them  to  do 
It? 

Mr.  McKnight,  of  Arkansas.  The  law  that  governs  de- 
livery by  express  would  govern  the  delivery  by  the 
railroads. 

Mr.  Oglesby,  of  Missouri.  In  my  State  you  cannot  com- 
pel the  free  delivery  of  freight,  only  where  they  see  fit, 
nor  can  you  compel  the  free  delivery  of  express,  al- 
though they  do  do  it.  Would  the  railroads  handle  ex- 
press the  same  as  they  do  handle  freight?  Suppose  they 
would  say  that  they  would  not  give  it  delivery?  Would 
not    that    have    some    effect    upon    this    matter? 

Mr.  McKnight,  of  Arkansas.  It  would  be  a  question 
of   the   statute. 

Mr.  Oglesby,  of  Missouri.  It  would  be  a  question  that 
is   very   important. 

Mr.  McKnight,  of  Arkansas.  I  see  no  reason  why  the 
railroad  companies  could  not  handle  it  as  well  as  the 
express    companies. 

Mr.  Oglesby,  of  Missouri.    Provided  ^hey  will  do  so. 

Mr.  McKnight,  of  Arkansas.  We  might,  of  course,  just 
eliminate,  and  say,  in  the  face  of  no  statute,  that  we 
will  compel  the  express  companies  to  go  out  of  the 
express  business.  Suppose  we  should  say  to  the  ex- 
press companies,  "We  are  going  to  turn  the  business 
over  to  the  railroads;  there  is  no  statute."  The  rail- 
roads might  say,  "We  will  not  handle  those  packages  at 
all."     We  might  assume  that. 

Mr.  Oglesby,  of  Missouri.  Oh,  no.  You  can  compel 
them  to  handle  the  business,  but  you  cannot  compel 
them   to   deliver   it. 

Mr.  Rice,  of  South  Dakota.  Has  not  the  legislature  or 
Congress  as  much  power  to  require  service  from  a  rail- 
way company  as  it  has  to  require  it  from  an  express 
company? 

Mr.  Oglesby,  of  Missouri.  Yes.  That  is  why  I  was  ask- 
ing  the    question;    that    is    all. 

Mr.  Rice,  of  South  Dakota.  I  expected  it  would  require 
new   legislation. 

Mr.  MACLEOD,  of  Massachusetts.  It  seems  to  me  that 
this  association  is  going  to  be  very  slow  in  going  so 
far  as  is  suggested  by  this  resolution.  We  will  be 
taking,  it  seems  to  me,  a  very  radical  step  In  attempt- 
ing to  Initiate  legislation  that  would  summarily  put 
these  big  express  companies  altogether  out  of  business. 
That  is  going  a  little  faster  than  I   believe  it  is  proper 


50 


National  Association  of  Eailway  Commissioners 


for  us  to  go.  It  is  also  objectionable  on  practical 
grounds,  because  I  do  not  believe  we  should  try  to 
secure  some  remedy  which  invites  such  serious  difiS- 
culties  as  this  if  it  is  possible  to  proceed  along  lines 
of  less  resistance.  It  seems  to  me  this  whole  subject 
Is  simply  one  of  having  a  proper  charge  for  the  service 
rendered.  If  it  should  be  determined,  for  example,  that 
the  proper  charge  for  the  collection  and  delivery  of  a 
certain  article  should  be  25  cents  and  the  proper  charge 
for  carrying  that  article  on  the  train  should  be  50 
cents,  then  the  total  reasonable  charge  to  the  consignor 
should  be  75  cents. 

It  does  not  make  a  particle  of  difference  to  the  con- 
signor whether  that  75  cents  is  paid  to  the  railroad 
company  and  the  railroad  company  transacts  the  whole 
business  or  whether  that  amount  is  paid  to  the  express 
company  provided  the  entire  charge  represents  no  more 
than  a  reasonable  return  to  the  express  company  for 
its  service  and  a  reasonable  return  to  the  railroad  com- 
pany for  the  service  which  it  renders.  If  the  rates  for 
the  two  component  parts  of  the  service  are  reasonable, 
the  ultimate  rates  will  be  reasonable,  and  the  handling 
of  the  entire  service  by  one  agency  would  not  seem  to 
me  to  serve  any  useful  purpose.  On  the  other  hand,  it 
will  open  the  door  so  wide  to  a  step  which  seems  too 
far-reaching  and  too  radical  at  this  stage  of  the  in- 
vestigation. I  believe  that  we  should  have  a  more 
complete  investigation  of  this  subject  and  something 
in  the  nature  of  concrete  recommendations  by  the 
committee  which  will  have  this  matter  in  charge  next 
year.  I  hope  that  this  convention  at  the  proper  time 
will  instruct  that  committee  to  prepare  some  definite 
recommendations  in  its  report  of  practical  methods  by 
which,  in  the  opinion  of  the  committee,  the  express 
conditions  can  be  remedied  and  improvements  made  in 
the  service.  When  we  have  the  matter  before  us  in  that 
form,  after  mature  deliberation  by  the  committee,  and 
when  the  recommendations  have  been  properly  safe- 
guarded as  the  result  of  a  full  investigation  of  the 
whole  subject,  it  seems  to  me  we  will  then  be  in  a 
very  much  better  position  to  consider  the  whole  matter 
in  an  intelligent  way. 

Mr.  Watson,  of  Oklahoma.  In  reply  to  the  gentleman 
from  Massachusetts,  I  want  to  say  that  in  making  ex- 
press rates,  if  you  make  them  on  the  basis  of  the 
property  invested  by  the  express  company,  you  will  have  to 
fix  a  higher  rate  than  you  would  if  you  made  them  upon  the 
basis  of  the  property  invested  by  the  railroad  company. 
Now,  in  carrying  the  express  business  over  the  railroad,  the 
railroad  companies  have  a  valuation  on  which  they 
demand  an  earning,  and  the  express  companies  have  a 
valuation  on  which  they  demand  an  earning.  There 
you  have  two  companies  that,  in  one  sense  of  the  word, 
you  are  forced  to  give  a  valuation  to.  In  other  words, 
you  are  forced  to  give  to  both  of  those  companies  a 
valuation  upon  the  amount  of  property  they  have  in- 
vested  in   handling  this   business. 

But  if  it  was  confined  to  one  company,  to  the  rail- 
road company,  alone,  in  fixing  the  rate  you  would  only 
have  to  take  into  consideration  the  value  of  the  railroad 
property;  and,  therefore,  you  could  afford  to  make  a 
reasonable  earning  upon  the  investment,  better  than  you 
can  fix  a  rate  upon  earnings  of  two  companies  that  are 
handling  this  business.  Therefore  the  argument  is 
wholly  in  favor  of  the  company  that  you  will  only  have 
to  fix  an  earning  upon  one  investment.  So,  my  friends, 
I  do  not  see  anything  in  the  way  of  providing  for  the 
railroad  to  handle  this  business.  Then,  take  into  con- 
sideration, my  friends,  the  salaries  paid  the  officers  of 
the  express  companies.  Why,  gentlemen,  all  of  you 
know  that  the  salaries  of  the  presidents  of  the  ex- 
press companies  in  the  United  States  average  something 
like  $25,000  a  year,  half  of  what  the  President  of  the 
United  States  is  getting.  The  average  salary  paid  tha 
treasurers  of  these  express  companies,  I  think,  is  about 
$15,000  a  year.  The  average  salary  paid  the  secretaries 
of    these    companies,    I    think,    is    about    $12,500    a    year. 

In  abolishing  the  express  companies  and  having  the 
railroad  companies  handle  this  business,  you  see  what 
an  immense  sum  you  save  upon  the  salaries  of  these 
officers.  Then,  It  will  enable  those  that  are  fixing  the 
rates  upon  express  companies,  or  handling  this  express 


for  the  railroads,  to  take  into  consideration  only  one 
Investment,  instead  of  two.  I  do  not  wish  to  force  this 
upon  the  people  at  once,  without  thinking  over  these 
matters,  but  I  do  not  see  any  reason  why  we  should 
not  bring  this  question  before  the  people  and  discuss 
it  in  all  of  its  phases.  I  believe  the  sooner  we  take 
definite  action  upon  this  important  question  the  quicker 
we  give  the  people  of  the  United  States  relief  upon  that 
one  subject.  Nor  do  I  see  that  we  would  gain  any- 
thing by  waiting.  These  are  questions  that  confront 
us  that  we  know  to  be  facts.  When  we  have  the  facts 
before  us,  I  do  not  see  that  we  can  gain  anything  by 
delaying    action    upon    those    facts. 

But  if  the  majority  of  the  association  want  lo  delay 
for  another  year,  I  hope  they  will  take  into  consideration 
these  questions  that  I  have  presented — the  amount  of 
salaries  paid  the  officers  of  these  express  companies, 
and  then,  second,  in  fixing  the  rate  upon  this  company 
for  handling  this  express  business  you  will  only  have 
to  take  into  consideration  the  value  of  property,  whereas 
now  you  have  to  take  into  consideration  the  value  of 
the  two  properties  in  order  to  give  both  an  earning 
upon  their  investment.  The  railroad  companies  prac- 
tically own  the  express  cars  of  the  United  States  in 
which  this  express  business  is  carried.  So  far  as  the 
picking  up  and  delivering  of  the  express  business  is 
concerned,  it  can  be  provided  for  and  handled  in  the 
same  manner  in  which  it  is  handled  to-day.  There  are 
many  of  the  States  that  have  towns  in  them  which  are 
too  small  to  provide  for  free  delivery  of  express  busi- 
ness. But  where  the  towns  are  large  enough  to  justify 
a  free  delivery,  that  can  be  provided  for  the  same  as 
the    express    companies    are    providing   for   it   to-day. 

So  that  when  you  consider  ever.v  phase  of  this  ques- 
tion, I  see  nothing  to  prevent  us  from  asking  the  Con- 
gress of  the  United  States  to  enact  into  law  a  bill 
providing  for  the  railroad  companies  to  handle  the 
express  business.  Some  gentlemen  might  say,  "You 
destroy  the  stocks  and  values  of  express  companies." 
Why,  gentlemen,  from  looking  and  reading  into  this 
pamphlet,  you  will  see  that  they  own  stocks  in  a  num- 
ber of  trunk-line  railroads  in  the  United  States.  So 
far  as  destroying  the  capital  stock  of  their  companies 
is  concerned,  I  doubt  if  there  '  is  any  man  in  this 
audience  that  can  get  any  information  to  show  that 
there  ever  was  one  dollar  of  the  capital  stock  of  those 
companies  paid  in.  If  that  be  true,  my  friends,  you 
have  got  nothing  to  destroy.  That  is,  the  companies 
will  lose  nothing,  because  they  paid  nothing  in  on  the 
capital  stock.  The  earnings  have  been  taken  care  of, 
and  we  see  where  they  are  Invested.  So  that  they 
are   taken    care    of. 

If  there  is  a  provision  made  by  which  the  railroad 
companies  shall  handle  this  express  business,  I  believe 
that  no  stockholders  in  the  express  companies  to-day 
have  received  a  greater  earning  upon  the  money  they 
have  invested  than  any  of  us  upon  any  investment  that 
we  have  made  in  any  business  in  which  we  are  en- 
gaged. So  I  think  the  argument  is  wholly  on  the  side 
of  our  asking  Congress  to  provide  a  law  by  which  the 
railroad  companies  shall  handle  the  express  business 
in  a  manner  which  will  result  in  a  saving  to  the  people 
who  patronize  such  companies  of  at  least  20  or  25  per 
cent  on  what  they  have  to  pay  the  company  to  carry 
the    business. 

Mr.  MoRLKY,  of  Montana.  There  has  been  no  expression 
of  opinion  from  the  northwestern  States,  and  I  there- 
fore rise  to  agree  with  the  gentleman  from  Massachu- 
setts and  to  touch  upon  one  phase  of  the  matter  that 
has  not  already  been  spoken  of.  We  in  Montana  have 
already  taken  care  of  the  express  question  in  so  far  as 
we  can  at  the  present  time.  We  have  disassociated 
express  and  freight  rates.  There  is  no  connection  be- 
tween them  whatsoever.  Our  tariffs  are  in  effect  and 
are  giving  satisfaction.  The  phase  that  I  wish  to  speak 
of  is  that  nothing  has  been  said  about  disturbing  in- 
dustrial conditions  by  radical  action  on  our  part. 

Commercial  and  industrial  conditions  are  very  closely 
allied,  and  you  cannot  disturb  one  without  disturbing  the 
other.  And  when  you  start  out  to  take  radical  action 
you  must  be  very  careful  that  your  recommendations 
cover    all    the   necessities    surrounding   the   movement    of 


Prockedings  of  the  Twenty-Third  Annual  Convention 


51 


property  throughout  the  United  States.  I  therefore 
feel  that  we  should  be  very  careful  In  making  our  rec- 
pmmendations;  we  should  take  enough  time  and  be 
particular  in  particularizing,  so  that  they  will  know  what 
we  are  attempting  to  get  at,  and  we  first  ourselves 
will  know  what  we  are  talking  about  before  we  make 
any    recommendation. 

Mr.  Thorne,  of  Iowa.  I  believe  that  the  gentlemen  who 
are  asking  for  the  passage  of  this  resolution  represent 
a  sentiment  that  is  profoundly  prevalent  throughout  this 
country.  There  is  a  feeling  in  the  country  as  a  whole 
that  the  express  companies  are  making^  unwarranted 
profits  and  that  some  governmental  action^  should  be 
taken  to  protect  the  consumers  and  shippers  of  the 
country.  But,  on  the  other  hand,  gentlemen,  there  are 
other  ways  of  accomplishing  precisely  the  same  thing. 
There  may  be  some  legal  question  whether  Congress 
would  have  authority  to  require  a  service  after  a  ship- 
ment has  reached  the  town.  All  the  necessary  facilities 
to  transportation  between  towns  can  be  required,  or  if 
they  furnish  such  facilities  to  one  group  of  shippers  you 
can  require  them  to  furnish  the  same  facilities  to  others. 
But  there  is  some  legal  question  about  requiring  rail- 
way companies  to  deliver  articles  or  to  gather  them  to- 
gether. There  is  also  some  question  in  my  mind  as  to 
why  the  government  itself  should  not  adopt  some  means 
of  handling  this  kind  of  business  in  its  postal  system. 

Now,  the  thought  that  these  gentlemen  have  sug- 
gested is  sound,  and  the  country  as  a  whole  believes  it 
Is  sound,  I  think,  without  any  doubt.  But  there  are 
many  phases  of  this  question  that  must  be  considered, 
and  I  think  it  is  extremely  unfortunate  that  we,  sitting 
here  to-day,  without  an  investigation,  should  commit 
ourselves  upon  these  questions  in  a  definite,  positive  man- 
ner, and  I  would  be  opposed  to  adopting  the  report  of 
the  committee  next  year  if  they  came  in  here  with  such 
definite  recommendations  in  which  I  myself  did  not  take 
part  in  the  investigation.  I  have  great  confidence  in  the 
members  of  that  committee,  but  I  doubt  whether  I  would 
want  to  commit  myself  upon  their  sole  judgment.  These 
discussions  that  we  have  had  here  are  invaluable.  I 
think  that  Mr.  Rice's  suggestions  are  a  distinct  con- 
tribution to  our  session.  They  have  aroused  discussions 
of  importance.  But  we  in  rejecting  this  motion  might 
be  interpreted  as  in  support  of  the  present  system,  and 
I  most  emphatically  am  not  in  support  of  that  present 
system.  Therefore  I  move  that  the  resolution  be  re- 
ferred to  the  committee  making  the  report  on  express 
matters. 

Mr.  Rice,  of  South  Dakota.  I  see  no  reason  why  we 
should  not  vote  on  this  one  way  or  the  other.  It  is 
presented  here  fair  and  square,  and  I  think  the  motion 
to  refer  is   simply  dodging  the  question. 

Mr.  White,  of  Kansas.  I  hope  there  will  be  no  short 
cut  on  this  matter.  This  question  has  been  agitated 
lor  some  time.  It  is  a  question  whether  or  not  a  rec- 
ommendation from  this  body  to  Congress  is  proper  at 
this  time.  That  is  the  question.  There  is  no  question 
about  instructing  the  board  or  the  Interstate  Commerce 
Commission.  They  are  not  bound  by  any  act  we  do 
here  to-day.  We  simply  recommend,  if  we  believe  it  is 
the  right  thing  to  do,  to  Congress  that  the  railroads  be 
required  to  perform  this  service.  There  is  no  question 
but  that  Congress  has  the  power  to  compel  the  rail- 
roads to  deliver  property  at  a  station,  and  then  they 
can  extend  that  power  to  a  delivery.  It  seems  to  me 
We  ought  to  go  on  record  and  vote  squarely  on  this 
proposition.  If  the  time  has  not  come  to  do  it,  the 
Congress  probably  would  recognize  that  fact.  If  the 
majority  of  these  railroad  commissioners  believe  that 
It  is  better  to  leave  the  question  where  it  is  now,  why, 
vote   it   down.     But  let   us   vote   on   it  squarely. 

Mr.  Berry,  of  Illinois.  I  think  we  are  forgetting,  pos- 
sibly, in  this  discussion  two  or  three  important  matters. 
We  should  not  forget  that  prior  to  the  enactment  of  the 
Interstate  Commerce  Act  the  railroads  were  practically 
without  control.  The  Interstate  Commerce  Act  is  of  age 
to-day  and  it  has  taken  all  of  these  years  to  accomplish 
what  has  been  accomplished.  Under  the  general  manage- 
ment of  the  State  commissions  and  the  Interstate  Com- 
merce Commission  the  several  transportation  companies 
of  the  United   States  are  to-day  very  well  under  control. 


During  all  of  these  years,  while  investigating  legislation 
and  legislating  in  relation  to  railroads,  the  express  com- 
panies were  not  considered.  The  investigation  and 
attempt  at  regulation  of  express  companies  is  of  recent 
origin.  Our  commission,  being  one  of  the  first,  began 
about  two  years  ago  to  investigate  express  matters  and 
we  went  into  it  very  fully,  as  far  as  any  State  commission 
could  under  the  circumstances  and  with  the  time  and 
means  at  our  command.  In  reading  the  evidence  taken 
before  our  commission  at  that  time  and  in  preparing 
the  opinion  for  the  commission  it  occurred  to  me,  and 
I  stated,  it  seemed  to  me  thf  time  might  come  when 
there  would  be  no  legitimise  place  in  transportation 
for  express  companies.  This  was  not  a  clear  vision 
by  any  means  and  is  not  a  sure  proposition  now;  yet 
it  looks  like  it  might  sooner  or  later  be  accomplished. 

Then  we  came  to  this  convention .  a  year  ago  and 
this  committee  was  appointed.  They  have  taken  testi- 
mony in  several  places  and  have  given  the  matter  care- 
ful consideration.  This  shadow,  or  whatever  v/e  may 
call  it,  has  grown  somewhat  bigger  to  this  committee  as 
we  have  looked  into  it,  and  we  have  submitted  that 
question    for   your    consideration. 

But  I  think  this  body  or  any  other  body  would  have 
been  considered  very  radical  if  they  had  concluded  after 
one  year's  investigation,  or  two  years  at  the  limit,  to 
abolish  railroads,  to  abolish  other  corporations — the 
terminal    corporations,    for    instance. 

The  express  companies  and  the  railroad  companies 
are  not  the  only  two  classes  of  transportation  that  are 
working  together.  There  are  some  people  who  think 
the  terminal  railroad  companies  in  cities,  that  pick  up 
the  freight  for  the  main  line  and  carry  it  across  or 
through  the  city,  ought  to  be  abolished  and  that  the 
railroad  company  ought  to  be  required  to  do  that  without 
paying  twice.  I  think  it  would  be  considered  very 
radical  if  we  would  say  that  all  should  be  done  by  one 
railroad. 

I  doubt  the  legal  proposition — ^in  fact,  I  am  willing 
to  stake  my  reputation  as  a  lawyer  upon  the  statement 
that  Congress  would  not  undertake  to  say  to  any  rail- 
road or  common  carrier,  "You  must  get  a  horse  and 
wagon  and  go  around  to  Tom  Jones,  or  anybody  else, 
and   gather  up   freight  for  your  business." 

There  is  a  legitimate  place  in  the  world  to-day  for 
an  express  company.  The  value  of  the  express  business 
to-day  in  the  larger  cities  is  all  because  of  the  pick-up 
and    delivery    service. 

If  there  is  a  lawyer  here  who  thinks  Congress  or  a 
State  legislature  could  require  a  common  carrier  to  go 
out  and  gather  it  up,  go  around  from  house  to  house 
and  ask  whether  there  is  any  express  or  freight  they 
wanted  to  send,  and  then  when  they  got  back  to  the 
depot  where  their  own  terminal  ended  take  another 
wagon  and  deliver  around,  all  over  the  country,  I  would 
like   to  hear   from   him. 

Suppose  we  should  abolish  express  companies  by 
law  and  put  the  law  into  effect  to-morrow  and  also  state 
that  railroads  must  do  the  express  business.  Suppose 
they  should  decline  to  do  it,  I  know  of  no  means  by 
which  any  State  or  the  Interstate  Commerce  Commis- 
sion could  compel  a  -railroad  to  do  that  part  of  the 
express  business  which  is  peculiar  to  it;  namely,  its 
pick-up  and  delivery  business.  Upon  the  other  hand. 
If  they  said  we  will  do  the  express  business,  they  could 
do  but  a  small  part  of  it,  without  a  long  time  to  organize 
their  forces,  because  the  express  companies,  whatever 
may  be  said  about  them,  are  a  great  organization  and 
are  well  equipped  in  every  way  to  transact  the  busi- 
ness  which   they   are   doing. 

Mr.  RiCH.\Ri).s,  of  South  Carolina.  Did  Congress  have 
to  pass  an  act  requiring  them  to  do  that?  That  is,  the 
pick-up   business? 

Mr.  Berry,  of  Illinois.     No. 

Mr.  Richards,  of  South  Carolina.  Does  it  not  naturally 
follow   the   railroads  must  do  the   same  thing? 

Mr.  Berry,  of  Illinois.  I  do  not  know  whether  they 
would  or  not.  I  am  talking  now  about  whether  or 
not  they  can  be  compelled  to  do  it.  This  resolution 
requires  Congress  to  pass  a  law  requiring  the  railroads 
to    do    the    express    business.      I    believe    the    time    will 


52 


National  Association  of  Railway  Commissioners 


come  when  the  railroad  companies  will  do,  in  a  large 
measure,  if  not  entirely,  the  express  business  of  the 
country.  In  other  countries  they  are  performing  this 
service  and  in  some  cases  doing  it  well.  I  believe  it 
will  come  in  the  United  States,  but  it  will  come  slowly 
and  cannot  be  put  into  operation  by  a  simple  act  of 
Congress.  It  must  be  a  natural  outgrowth  of  conditions. 
Conditions  point  in  that  direction,  and  If  this  associa- 
tion believes  that  it  is  wise,  it  is  for  us  to  assist  In 
promoting  this  matter  in  a  proper  way.  But  we  are 
unable,  in  my  judgment,  with  the  information  we  have 
before  us  to  work  out  a  plan,  even  if  within  our  power 
to  do  so,  at  this  time.  The  States  all  over  the  Union 
are  investigating  this  question,  and  I  am  very  much 
Inclined  to  believe  from  the  discussion  here  that  the 
States  which  have  investigated  it  the  most  and  have 
gone  into  the  details  the  deepest  are  the  ones  that  are 
the  most  cautious  as  to  what  they  are  going  to  do  right 
now.  None  of  them,  in  my  judgment,  have  decided  just 
what  step  is  best  to  take. 

I  believe  firmly  in  my  own  mind  that  the  time  will 
come,  and  is  coming  as  rapidly  as  great  transportation 
problems  can  be  solved,  when  the  express  companieij 
will  be  out  of  business  and  that  the  matter  will  solve 
Itself. 

In  the  larger  cities  to-day  a  great  deal  of  local  ex- 
press matter  is  being  taken  care  of  by  large  manufac- 
turing establishments  delivering  their  express  matter 
thirty  and  forty  miles  by  automobiles.  They  are  solving 
a  great  deal  of  the  express  situation. 

The  largest  house  in  the  city  of  Chicago  to-day  Is 
delivering  its  express  matter  which  they  used  to  send 
by  the  express  companies  twenty,  thirty  and  forty  miles 
by  an   entirely  different  transportation   method. 

Now  it  seems  to  me  that  with  only  one  year's  In- 
vestigation by  this  body,  and  with  nearly  every  State 
In  the  Union  investigating  what  is  the  proper  thing  to 
do,  and  the  fact  that  in  a  year  from  now  we  may  not 
only  have  reports  from  several  States,  but  that  we  may 
have  a  most  important  report  from  the  Interstate  Com- 
merce Commission  as  to  interstate  matters,  we  will  be 
exceedingly  unwise  to  undertake  to  abolish  with  a  club 
a  great  enterprise. 

And  whatever  may  be  said  about  express  companies, 
they  have  in  the  past  filled  a  great  want  in  the  trans- 
portation world.  I  have  as  little  use  for  them,  in  some 
respects,  as  anybody,  but  I  admire  any  set  of  fellows 
that  can  get  up  and  do  as  much  business  as  they  have 
done  and  make  as  much  money  and  be  let  alone  as 
long  as  they  have.  I  admire  a  fellow  that  can  do  a 
business  purely  on  his  cheek.  I  admire  a  set  of  fellows 
who  can  go  out  into  this  country  and  issue  $67,900,000 
worth  of  express  orders  and  make  the  banks  of  the 
country  cash  them  for  nothing.  I  admire  that  kind  of 
a  fellow.  In  1910  these  express  companies,  without  any 
visible  means  of  support,  issued  $67,900,000  worth  and 
every  bank  in  the  country  cashed  them  and  did  busi- 
ness with  them.  The  bankers  of  the  country  were 
carrying  not  less  than  $40,000,000  for  them,  and  they 
are  carrying  more  this  year.  As  I  say,  I  admire  that 
kind  of  a  set  of  fellows. 

While  we  have  permitted  this  to  be  carried  on  for 
all  these  years  without  interference  upon  our  part  and, 
after  a  little  investigation,  have  just  learned  the  facts, 
that  will  not  justify  us  in  taking  radical  action  at  this 
time  to  abolish  the  entire  system.  It  has  become  a  part 
of  the  great  commercial  interests  of  the  country  and 
we  should  hesitate,  in  fact  we  should  refuse,  to  take 
any  step  that  would,  at  this  time,  in  the  most  remote 
degree,  injure  any  great  enterprise  or  deal  with  it  rashly 
without  injuring  many  others  with  which  it  Is  In  the 
very  nature  of  things  very  closely  connected. 

But  it  is  a  big  concern,  as  the  gentleman  from  Mon- 
tana has  said.  He  struck  the  keynote.  It  is  a  great 
enterprise,  gentlemen,  and  it  cannot  be  struck  down  In  an 
hour.  _  I  think  the  evidence  before  us  showed  that  over 
95  per  cent — a  very  large  per  cent;  I  would  not  under- 
take to  say  just  what,  but  a  very  large  per  cent  of  the 
express  business  is  in  very  small  packages,  that  would 
come  largely  within  the  postal  service  it  such  would 
be  inaugurated.  The  railroads  are  not  doing  It;  they 
have  no  means  of  doing  it.  It  would  take  the  railroads 
years    to   organize    along   these    lines;    to   take    up   this 


business  and  carry  it  on.  I  would  like  to  hear  every 
man  express  his  views  on  this  subject  for  the  benefit  of 
this   committee   if   it   should   be   continued    another   year. 

I  think  this  body  would  make  a  great  mistake  to 
pass  any  resolution  undertaking  to  abolish  any  great 
means  of  transportation  in  this  country,  and  with  no 
more  information  before  it  than  we  have  at  this  time 
upon  this   subject. 

The  President.  I  would  like  to  ask  Mr.  Berry  a  ques- 
tion just  to  understand  the  proposition  he  has  stated. 
Did  you  state,  as  your  opinion,  that  Congress  was  with- 
out authority  to  pass  an  act  requiring  the  railroad  com- 
panies   to   perform   this    service? 

Mr.  Bebey,  of  Illinois.  No,  sir.  I  said  I  do  not  think 
Congress  has  any  power  to  compel  a  common  carrier  to 
go  out  through  the  streets  of  any  town  or  city  and 
deliver  goods  after  they  have  brought  them  to  their  sta- 
tion; that  is,  to  do  a  pick-up  and  delivery  business, 
under  the  laws  as  they  are  now  and  under  the  re- 
spective charters  of  the  respective  railroads.  The  laws 
of  the  country  are  well  settled  that  a  common  carrier 
must  take  goods  delivered  to  it  for  carriage  and  deliver 
the  same  at  their  depots  or  stations.  I  don't  believe 
that  Congress  or  any  State  legislature  could  or  would 
go  so  far  as  to  pass  an  act  to  require  a  common  carrier 
to  go  out  and  solicit  business,  to  iDuy  horses  and  wagons 
and  hire  men  to  go  out  in  the  towns  and  cities  to  do 
a   pick-up  and    delivery   business. 

Mr.  Robinson,  of  South  Dakota.  Is  there  not  In  every 
State  machinery  that  is  organized  to  do  that  business? 
Is  there  a  parcel  arriving  in  any  depot  in  the  United 
States  that  would  not  find  a  transportation  company 
ready  to  deliver  it?    You  know  that  as  well  as  I  do. 

Mr.  Berry,  of  Illinois.    Yes,  I  presume  that  is  so. 

Mr.  Robinson,  of  South  Dakota.  And  that  simply  can 
be  carried  forward  to  the  same  purpose  without  any 
trouble,  without  any  laws.  The  American  people  can 
do  that  without  any  trouble.  You  go  here  to  the  depot 
and  your  trunk  is  carried  by  transportation  companies 
all  over  this  city  or  all  over  any  other  city.  So  it  would 
be  in  regard  to  every  package  of  freight,  no  matter 
how   it   comes. 

Mr.  Bekry,  of  Illinois.  It  is  not  delivered.  It  is  not 
picked  up  or  delivered  either  unless  I  pay  for  it.  Not 
by   any   means. 

Mr.  Robinson,  of  South  Dakota.  You  say  you  admire  a 
corporation  that  is  able  to  issue  a  large  amount  of  stock 
and  then  get  back  a  profit  on  it.  Do  you  wish  to  per- 
petuate that  sort  of  thing? 

Mr.  Berry,  of  Illinois.     No,  sir;   I  do  not. 

Mr.  Robinson,  of  South  Dakota.  Why  do  you  not  stand 
up  and  vote  like  a  man  and  let  this  thing  be  eliminated? 

Mr.  Berry,  of  Illinois.  My  answer  to  that  question  Is: 
I  am  in  favor  of  doing  things  according  to  law.  I  am 
not  in  favor  nor  do  I  propose  to  stand  up  and  vote  as 
a  man  or  as  a  lawyer  directing  Congress  or  any  State 
to  do  something  that  I  do  not  think  they  have  any  power 
to  do.  In  answer  to  another  question,  we  have  all  this 
machinery  which  has  been  suggested,  that  is  true,  but 
it  would  have  to  be  reorganized  in  every  particular  if 
the   express   companies   went  out  of   business. 

Let  me  tell  you  another  thing:  Not  nearly  all  of 
those  express  companies  are  corporations  at  all.  Several 
of    them    are    private    enterprises,    copartnerships. 

It  is  a  big  question.  I  believe  in  the  end  we  are 
trying  to  accomplish,  and  I  believe  that  just  as  a  lot 
of  other  things  have  transpired  in  transportation  matters, 
that  eventually  this  matter  will  be  eliminated.  It  will 
be  done  by  the  States  of  the  Union,  aftd  it  will  be  done 
by  the  Interstate  Commerce  Commission,  whether  these 
common  carriers  be  one  or  two.  If  they  continue  to  be 
two,  they  will  carry  articles  for  what  is  right,  and  it 
does  not  make  a  bit  of  difference  whether  there  are 
two  companies  to  do  it  or  whether  there  is  one,  so 
long  as  they  do  it  at  a  proper  price.  We  will  find 
out  exactly  what  one  company  ought  to  do  it  for,  and 
then  we  will  fix  the  price,  both  nationally  and  in  the 
States,  and  then,  if  they  want  to  do  a  two  business,  let 
them  do  it.' 

The  thing  is  for  us  to  determine  what  they  ought  to 
have  to  carry  these  goods,  whether  they  are  carried  by 
the  express  company  or  the  railroad,  whether  it  is  done 
by  the  railroads  alone  or  by  the  express  companies  alone. 


Peoceedings  of  the  Twexty-Third  Annual  Convention 


0^ 


There  are  a  number  of  railroads  in  the  United  States 
that  own  an  express  company  absolutely;  they  own  the 
whole  business.  It  is  all  theirs.  And  this  elimination 
would   not  affect  them. 

Our  commission  put  this  tariff  in  force  in  Illinois  and 
we  undertook  to  say  by  that  tariff  what  was  right, 
Intrastate,  to  carry  goods  by  express,  and  that  tariff  is 
now  in  force  in  Illinois.  It  is  immaterial  to  the  Illinois 
Commission,  or  to  the  people  of  Illinois,  whether  the 
business  is  done  by  the  Adams  Expressi  Company  or 
by  the  Chicago  &  Alton  Railroad  Companyv-or  by  both, 
if  it  is  done  for  a  reasonable  price.  If  our  people  are 
getting  express  service  by  a  combination  of  the  Adama 
Express  Company  and  the  Chicago  &  Alton  Railroad 
Company  and  they  are  satisfied,  it  malces  no  difference 
to  them  whether  they  are  one  or  two  utilities  engaged 
in  this  traffic.  The  thing  the  people  are  interested  in 
is  to  get  the  service  at  a  reasonable  price  and  get  good 
service.  I  repeat  it  would  be  a  mistake,  in  my  judg- 
ment, for  us  to  undertake  to  legislate  any  means  of 
transportation  out  of  business.  Let  us  instead  of  abol- 
ishing it,  or  attempting  to  abolish  these  great  trans- 
portation companies,  regulate  them  and  regulate  them 
right. 

The  President.  I  want  to  ask  the  gentleman  from  Illi- 
nois another  question:  The  railroad  company  that  is 
conducting  its  own  express  business  now,  to  which  you 
refer,  makes  a  contract,  however,  between  its  express 
company  and  its  railroad  company  on  the  basis  of  what 
other  express  companies  have  made  with  other  railroad 
companies;    is    that    not    true? 

Mr.  Berrt,  of  Illinois.    Beyond  any  question. 
The  President.    The  object,  as  sought  by  the  gentleman 
from    South    Dakota,    is    to   do    away    yvith    that    contract 
proposition,  is  it  not? 

IVIr.  Bebry,  of  Illinois.  I  do  not  know  how  you  could 
prevent  the  corporation  from  carrying  out  the  contract 
if  they  wanted  to  do  so. 

The  President.  I  asked  the  question  merely  to  get  a 
better  understanding.  That  is  all.  The  object  the  gentle- 
man from  South  Dakota  seeks  to  accomplish  Is  to  do 
away  with  the  contracts  between  express  companies 
and  the  railroad  companies;  whether  they  be  separate 
companies  or  the  same  people. 
Mr.  Berry,  of  Illinois.    Yes,  sir. 

The  President.  Which  would  do  away  with  paying  half 
of  the  gross  receipts  of  express  to  the  railroad  com- 
panies. 

Mr.  BicBKY,  of  Illinois.  Not  necessarily,  for  this  reason — 
I  am  opposed  to  the  system  of  contracts  between  the 
railroads  and  express  companies,  for  this  reason:  Mr. 
Staples  of  Minnesota  puts  one  phase  of  it,  where  they 
pay  a  certain  per  cent  of  gross  earnings,  55  per  cent,  to 
the  railroad  companies  for  carrying  a  certain  amount, 
for  carrying  certain  things.  Then,  if  you  find  out  that 
the  pick-up  and  delivery  service  is  not  worth  45  cents, 
but  should  be  reduced,  then,  when  you  reduce  it,  es- 
pecially when  the  express  companies  want  to  raise  the 
price,  they  have  to  raise  it  twice  as  much  to  get  even 
with  the  railroads.  They  play  both  ends  against  the 
middle. 

I  am  opposed  to  the  contract  system  they  now  have, 
but  that  is  a  matter  of  regulation.  That  is  one  of  the 
things  that  ought  to  be  regulated.  In  my  judgment 
the  greatest  vice  in  the  whole  business  is  the  one  of 
contracts  between  the  express  companies  and  the  rail- 
road companies. 

I  say  frankly  that  I  have  been  interested  in  investi- 
gations, and  I  have  yet  to  find  out  where  the  railroads 
quit  and  the  express  companies  begin,  they  are  so 
Interwoven.  That  ought  to  be  regulated.  But  we  cannot 
regulate  it  by  abolishing  one  of  them  at  this  time. 

We  have  just  begun  the  examination  of  a  great 
question.  One  year  is  a  very  short  time  in  which  to 
do  it.  Let  us  take  a  little  more  time.  It  is  a  very 
Intricate  question.  Do  not  let  us  be  in  too  big  a  hurry. 
I  am  taking  up  a  great  deal  more  time  than  I  ex- 
pected when  I  got  up.  but  I  have  gone  into  this  matter, 
as  I  said,  possibly  as  much  as  anyone  in  our  part  of 
the  country  down  in  Illinois,  and  I  have  had  the  experi- 
ence of  being  on  this  committee;  and  I  say  to  you 
gentlemen  that,  in  my  judgment,  it  would  be  a  serious 
mistake   for   us   to   ask   Congress  to   act  at   this    time. 


In  my  judgment,  there  is  not  a  man  to-day.  not  a 
man  of  this  assembly,  who,  if  he  had  the  power  to-day 
or  to-morrow  to  blot  out  the  American  transportation 
express  companies,  would  dare  to  do  it. 

Let  us  regulate  it,  and  regulate  it  according  to  law. 
And  whenever  the  time  comes  that  we  find  we  need  more 
power  to  regulate,  let  us  get  it;  but  do  not  let  us 
attempt  to  abolish  this  thing  now. 

The  Preside.nt.  The  question  before  us  is  the  motion 
of  the  gentleman  from  Iowa,  who  moves,  as  a  substitute 
for  the  pending  motion,  that  this  be  referred  to  the 
committee  which  will  have  charge  of  this  subject  during 
I  he   ensuing  year. 

After  a  viva  voce  vote: 

The  President.  The  ayes  seem  to  have  it.  The  ayes 
have   it,   and  the   motion   is   carried. 

Mr.  Staples,  of  Minnesota.  I  know  the  hour  is  late, 
but  I  think  we  can  dispose  of  the  balance  of  this  sub- 
ject within  a  few  minutes.  There  are  but  two  topics, — 
one  the  classification  and  graduate  scale,  and  the  other 
the   routing   of   shipments. 

First,  as  to  the  classification  and  graduate  scale,  by 
the  elimination  of  the  objectionable  wording  in  the 
latter  portion  of  that  this  morning,  I  feel  that  the  topic 
is  disiKJsed  of.  Of  course,  I  do  not  want  to  preclude 
anyone  discussing  it  here,  but  we  devoted  two  hours  to 
It  yesterday   afternoon. 

The  last  subject  is  "Routing  of  Shipments,"  which, 
while  it  is  important,  I  do  not  believe  the  convention 
cares  to  consume  much  time  upon. 

Without  having  consulted  with  the  committee,  yet 
recognizing  the  necessity  for  fixing  the  number  of  mem- 
bers which  shall  constitute  the  next  committee  to  be 
appointed,  and  basing  my  opinion  upon  the  experience 
during  the  past  year,  I  am  going  to  move  as.  follows: 
That  the  words  on  page  37,  in  the  eighth  line  of  the 
second  paragraph,  under  the  heading  "Conclusions,"' 
and  reading  "such  member  or  members  as  the  conven- 
tion may  deem  best."  be  stricken  out  and  the  number 
"seven"  substituted.  That  means  that  the  committee 
would  be  fixed  at  seven  members. 

Now,  I  may  be  wrong  in   that,  and  if  the  convention 
differs  with  me  I  will  be  very  glad  to  modify  my  motion. 
Mr.  SuixivAN,  of  Ohio.     Mr.  Chairman,  I  move  as  an 
amendment   to    that   motion   that   the   committee    be   en- 
larged to  one   member  from   each   State  commission. 

Mr.  Staples,  of  Minnesota.  Any  action  that  is  agreeable 
to  the  convention  will  be  agreeable  to  me. 

The  President.  The  motion  of  the  gentleman  from  Min- 
nesota is  that  the  committee  to  have  charge  of  thla 
subject  the  coming  year  shall  consist  of  seven  members. 
There  is  a  substitute  offered  for  that  motion  that  the 
committee   carry  a   member  from   each   State. 

Mr.  Stutsman,  of  North  Dakota.  I  would  like  to  ask 
Mr.  Staples  what  his  reasons  are  for  suggesting  the 
decrease  in  the  membership  of  that  committee. 

Mr.  Staples,  of  Minnesota.  It  is  clearly  understood  I 
have  no  disposition  to  dominate  or  control.  I  want  the 
instruction    of   this   convention. 

My  experience  in  the  past  year  was  this:  After 
giving  ample  notice  of  a  general  meeting,  at  what  I 
believe  to  have  been  an  opportune  time,  to  the  several 
members  of  the  several  States,  my  memory  is  the 
attendance  was  15  members  out  of  a  committee  com- 
posed of  a  member  from  each  State  having  a  commis- 
sion   and    from    the    Interstate    Commerce    Commission. 

I  am  sorry  to  say  that  no  member  of  the  Interstate 
Commerce  Commission  could  attend  that  meeting,  which 
was  the  preliminary  meeting,  nor  was  I  able  to  get 
the  attendance  of  any  member  from  the  Interstate  Com- 
merce Commission  at  any  session.  I  regretted  that 
very  much  indeed,  because  we  wanted  the  assistance 
of   some   member  from   that   commission. 

A  subcommittee,  consisting  of  seven  members,  was 
appointed,  and  that  subcommittee  (I  will  state  here 
just  how  this  work  was  done)  having  been  composed 
of  seven  members,  five  members  of  that  subcommittee 
were  obliged  to  do  the  work.  Those  five  members  were 
very  faithful,  and  I  assume  that  those  who  were  absent 
had  a  very  good  excuse  for  their  absence. 

The  character  of  the  work  that  this  committee  will 
be  required  to  do.  if  it  does  its  duty,  will  be  such  aa 
to   take    it   from    point   to    point   or   at    least    to   several 


54 


National  Association  of  Railway  CoMMisgioxEEs 


points  in  the  United  States;  I  will  not  say  how  many, 
but  more  than  one,  maybe  two  or  three  central  points, 
where  parties  may  appear  and  give  testimony;  and  wide 
publicity   must    be    given. 

From  the  fact  that  members  are  engaged  many  times 
in  Important  matters,  there  is  difficulty  In  getting  in- 
formation between  the  different  members  and  the  chair- 
man as  to  when  they  can  attend.  And  you  will  find, 
then,  that  sometimes  it  is  impossible  for  them  to  be 
present  after  having  promised  to  do  so. 

In  my  judgment,  you  have  to  limit  the  number  of 
members  of  this  committee  to  such  number  as  will 
undertake  to  do  the  work  and  who  will  appreciate  the 
responsibilities  and  who  will  of  necessity  find  that  they 
must  attend.  I  think  that  the  interest  manifested  in 
this  subject  here  to-day  is  such  as  will  make  them 
understand  they  are  assuming  a  very  grave  responsibility, 
and  I  do  not  believe  they  will  undertake  to  come  here 
another  time  without  having  done  some  work  upon  the 
subject.  If  they  do,  they  will  certainly  be  censured; 
there  is  no  question  about  that.  If  nobody  else  will  do 
it,  I  will. 

My  opinion  is  that  we  cannot  have  a  very  large  com- 
mittee and  have  it  practicable.  But,  as  I  say,  whatever 
the   convention  deems   wise  is  agreeable  to  me. 

Mr.  SuixivAN,  of  Ohio.  If  the  gentleman  desires  me  to 
withdraw  my  motion,  I  will  say  that  my  only  object  in 
putting  it  was,  there  are  so  many  States  in  the  Union 
that  are  investigating  the  subject  at  this  time;  it  is 
a  question  that  no  doubt  will  be  Increasing  in  interest, 
and  I  thought  every  State  interested  would  like  to  have 
a  member  present. 

I  have  no  objection  to  withdrawing  my  motion  and 
letting   it   be  confined  to  a  smaller  number. 

Mr.  Staples,  of  Minnesota.  Let  me  suggest  this,  that 
the  chairman  of  this  committee  be  requested  to  notify 
every  State  commission  of  the  meetings  to  be  held,  and 
to  invite  such  representatives  from  the  States  as  they 
see  fit  to  send  to  attend  these  meetings.  I  know  they 
will  be  very  welcome. 

Mr.  StnxivAN,  of  Ohio.    That  covers  the  whole  ground. 

The  President.  I  would  like  to  state  at  this  point  what 
appears  to  me  to  be  the  wisdom  of  the  suggestion  of 
Mr.  Staples — not  to  argue  the  question.  I  have  had  some 
experience  this  year  as  president  of  this  association, 
with  which  some  of  you  possibly  are  not  familiar.  I  feet 
convinced,  after  carrying  on  the  work  so  far,  that  it  is 
a  great  mistake  to  have  such  large  committees.  It  is 
hard  to  get  them  down  to  a  working  basis,  and  there- 
fore a  minority  of  that  large  committee  has  to  perform 
the   work. 

I  attended  the  meeting  in  Chicago,  to  which  refer- 
ence has  been  made,  and  I  think  I  was  one  of  the  15 
that  Mr.  Staples  counts,  and  I  was  not  a  member  of  that 
committee.  I  think  that  Mr.  Finn  was  another  present 
who  was  not  a  member  of  the  committee.  However, 
i  think  there  were  several  there,  and  that  there  were 
only  11  or  12  actual  members  of  that  committee  present, 
in   my   judgment. 

It  is  more  practicable  to  get  a  committee  of  five  or 
seven  together  to  do  a  work  of  that  kind  than  it  is  these 
large  committees. 

I  realize  that  when  a  new  subject  comes  up  which 
has  never  been  before  the  convention  before  it  is  wise 
to  create  a  special  committee  with  a  member  from 
each  State  In  order  to  get  the  sentiment  from  each 
State. 

Mr.  Bebky,  of  Illinois.  One  suggestion  I  think  ought  to 
be  added  to  that  made  by  Mr.  Staples,  and  it  is  this: 
This  committee,  due  to  circumstances  over  which  no 
one  had  any  control,  got  at  this  work  entirely  too  late. 
I  think  the  new  committee  ought  to  be  requested  or 
Instructed  by  this  body  that  the  findings  of  the  com- 
mittee should  be  published  .SO  or  60  days  prior  to  the 
meeting  of  this  body  next  year,  so  that  everybody  could 
have  a  copy  of  the  printed  report  at  least  30  or  40 
days  in  advance  and  go  into  it.  It  is  utterly  impossible, 
Mr.  President,  to  become  familiar  with  a  subject  as 
great  as  this  in  less  time.  Of  course,  you  know  what  Is 
said  about  John  A.  Logan  to  the  effect  that  he  made 
a  great  speech  In  Washington  on  the  currency  question 
which    he   had   studied   only    16   hours.     But    It   Is   Impos- 


sible  to    familiarize   one's    self   with   such    a    question 
this  in  a  short  time. 

I  think  if  we  are  to  take  definite  and  intelligent  ac- 
tion next  year  it  is  imiwrtant  that  the  report  of  this 
committee  be  in  the  hands  of  every  commissioner  not 
less  than  30  days,  or  GO  days  if  possible,  prior  to  the 
meeting    next   year. 

The  President.  I  wish  to  make  a  further  statement. 
The  president  is  to  some  extent  responsible  for  this 
committee  not  being  able  to  get  to  work  quicker  than 
they  did;  and,  also,  I  am  not  responsible,  for  this 
reason;  That  you  will  recall  I  requested  each  com- 
missioner before  we  adjourned  at  the  last  session  to 
supply  me  with  the  name  of  a  member  of  their  com- 
mission to  be  appointed  on  this  express  committee.  I 
received  only  12  or  14  names  from  all  the  States.  I 
waited  as  long  as  I  thought  it  was  wise  to  wait  without 
getting  further  information.  Another  reason  that  hin- 
dered me  in  my  appointments  was  that  there  were  many 
changes   made   in   the   personnel   of  State   commissions. 

I  regret  exceedingly  that  the  committee  could  not 
have  organized  right  away  after  the  adjournment  of  the 
session. 

Mr.  Rice,  of  South  Dakota.  I  move  as  an  amendment 
that  the  committee  be  requested  to  report  the  extent 
to  which  railroad  companies  own  stock  in  express  com- 
panies and  the  extent  to  which  the  officers  of  the  rail- 
way companies   and  express   companies   are  duplicated. 

Mr.  Berby,  of  Illinois.  I  think  our  friend  from  South 
Dakota  can  find  that,  if  he  looks  in  one  of  the  reports 
of  the  Interstate  Commerce  Commission,  in  detail,  ex- 
actly  how   they   are   owned. 

The  President.  The  Chair  does  not  understand  the  mo- 
tion the  gentleman  has  made. 

Mr.  Berby,  of  Illinois.  He  wanted  to  know  the  stock 
ownership  between  the  railroads  and  express   companies. 

The  President.  You  only  wanted  to  make  that  as  a 
request. 

Mr.  Rice,  of  South  Dakota.  Yes,  sir. 

The  President.  The  motion  now  before  the  convention 
Is  the  motion  of  Mr.  Staples,  that  the  committee  to 
have  charge  of  this  work  next  year  shall  consist  of 
seven   members. 

The  motion  was  carried. 

Mr.  Staples,  of  Minnesota.  I  want  to  say  for  the  In- 
formation of  the  members  of  the  committee,  it  has  been 
suggested  here  that  the  report  should  be  out  30  or  60 
days  before  the  date  of  the  convening  of  this  associa- 
tion next  year.  My  commission  undertook  the  printing 
of  this  report,  and  I  simply  speak  of  that  at  this  time 
to  indicate  to  the  incoming  committee  how  you  might 
expedite  the  matter.  I  want  to  say,  further,  you  will 
find  there  is  a  considerable  expense  which  this  asso- 
ciation does  not  appreciate.  For  instance,  we  had  to 
pay  a  considerable  sum  for  stenographers'  fees.  Now, 
there  is  no  fund  in  this  association,  and  the  committee 
which  undertakes  this  work  has  got  to  anticipate  that 
in  some  way,  and,  perhaps,  go  down  in  their  pockets 
to  meet  it.  But  there  is  a  considerable  expense  and  a 
great  deal  of  trouble  and  time  involved  in  this  investi- 
gation that  whoever  goes  into  it  will  have  to  appreciate, 
and  I  hope  the  members  of  the  association  will  recog- 
nize that  as  one  of  the  difficulties  they  will  have  to 
contend  with.  I  move  that  the  final  resolution  as 
amended  be  adopted. 

Mr.  Rice,  of  South  Dakota.  There  is  one  more  question 
on  this  matter.  I  do  not  like  to  take  up  all  the  time, 
but  it  is  important  that  these  matters  be  brought  before 
the  convention  if  they  are  going  to  do  any  good — that 
Is,  as  to  this  matter  that  was  discussed  yesterday.  I 
move  that  the  Interstate  Commerce  Commission  be  re- 
quested to  ascertain  the  extent  to  which  express  com- 
panies are  violating  the  postal  laws  of  the  United  States 
In  making  what  is  termed  postal  rates,  and  that  we 
call  upon  the  Postmaster-General  and  the  Attorney- 
General  of  the  United  States  for  an  opinion  upon  that 
question. 

The  President.  I  would  suggest  to  the  gentleman  that 
he  defer  that  resolution  and  offer  it  4s  a  separate  propo- 
sition. I  do  not  think  It  ought  to  be  connected  with 
this  report.  It  will  serve  the  same  purpose  If  it  is 
offered  separately. 

Mr.  Rice,  of  South  Dakota.    At  the  request  of  the  pre»- 


Prockedings  of  thk  TwExry-THiRo  Annual  Cowkntion 


Ident  I  will  do  so,  although  this  report  refers  to  the 
postal    rates. 

The  President.  The  question  is  upon  the  adoption  of 
this  report  now,  as  it  has  been  considered. 

The   motion    was   unanimously   carried. 

Mr.  RicHAKDs,  of  South  Carolina.  I  have  a  short  resolu- 
lutlon  here  that  will  not  consume,  I  hope,  a  great  deal  of 
the  time  of  this  convention.  It  affects,  as  I  see  it,  interests 
represented  here,  the  interests  of  the  various  States,  and  I 
thinl;  we  should  give  some  expression  such  as,  this  resolu- 
tion proposes  to  do:  K__^ 

Whereas,  The  convention  of  governors  at  their  recent  meet- 
ing appointed  wliat  is  linown  as  the  States'  rights  committee, 
whose  duty  it  is  to  properly  prepare  and  present  to  the  Supreme 
Court  of  the  United  States  the  States'  side  of  the  controversy 
in  what  is  known  as   the  famous  .Minnesota   rate   cases;   and 

Whereas,  The  decision  of  the  United  States  Circuit  Court 
In  these  cases,  if  allowed  to  stand,  will  seriously  interfere  with 
the  malting  and  regulating  of  rates  in  the  several  States;  There- 
fore be  it 

Resolved  by  the  Association  of  Railway  Commissioners  in 
annual  convention  assembled.  That  the  sympathy  of  this  con- 
vention is  hereby  extended  to  the  committee  of  governors  in 
their  efforts  to  protect  the  States  in  their  right  to  regulate 
commerce  wholly  within   their  borders: 

Resolved  further,  That  we  do  hereby  pledge  ourselves  to 
aid  in  every  way  possible  to  have  this  great  question  properly 
adjudicated. 

Mr.  Finn,  of  Kentucky.  As  the  report  of  the  committee 
on  legislation  will  deal  with  that  subject,  I  would  request 
you  to  offer  that  resolution  after  the  committee  on  legisla- 
tion has  made  its  report.  I  make  that  simply  as  a  request, 
as  we  win  deal  with  that  subject. 

Mr.  RiciiAiiD.s.  of  South  Carolina.  1  had  no  means,  as 
a  matter  of  fact,  of  knowing  that  the  committee  would  deal 
with  this  question.  I  do  not  know  just  exactly  when  that 
report  is  going  to  be  submitted  or  what  it  contains. 

Mr.  Finn,  of  Kentucky.  Before  the  convention  adjourned 
I  was  going  to  ask  the  convention  to  make  the  report  of 
the  committee  on  legislation  a  special  order  for  tomorrow 
morning  at  10  o'clock,  if  no  other  business  is  set  for  that 
time — make  it  the  first  order  of  business  for  tomorrow. 

Mr.  Richards,  of  South  Carolina.  I  am  willing  to  with- 
hold the  resolution.  It  is  ray  purpose  only  to  get  an 
expression  of  opinion  of  this  convention.  I  would  like  to 
present  this  resolution  as  it  is  prepared  to  the  association 
and  have  permission  to  call  it  up  in  case  the  resolutions 
of  the  committee  on  legislation  do  not  cover  it  as  I  think 
It  ought  to  be  covered. 

The  Presidknt.  That  will  be  done,  unless  there  Is  ob- 
jection. 

Mr.  Finn,  of  Kentucky.  I  move,  then,  that  the  report  of 
the  committee  on  legislation  be  made  the  special  order  for 
10    o'clock   tomorrow   morning. 

The  motion  was  carried. 

The  President.     I  have  some  announcements  to  make. 

1  have  been  handed  this  anouncement: 

The  secretaries  of  the  commissions  will  meet  here-  at 

2  o'clock  p.  m.  to  visit  the  Bureau  of  Corporations,  and  at 
9:30  o'clock  tomorrow  morning  to  visit  the  Treasury  De- 
partment. 

One  other  announcement  I  wish  to  make  in  advance 
of  reaching  the  subject:  The  committee  on  rates  and 
rate  making  has  made  no  report.  It  is  entirely  too  late 
to  appoint  a  new  committee  to  prepare  a  report  upon  so 
Important  a  subject  during  the  session.  I  want  to  sug- 
gest we  deal  with  that  question,  so  we  will  have  it  in  our 
minds  when  we  reach  it,  by  calling  the  roll  of  States  and 
letting  those  who  desire  give  expression  to  their  views  on 
the  question  of  rates  and  rate  making  in  lieu  of  the  failure 
of  the  committee  to  make  a  report. 

At  3  o'clock  this  afternoon  there  will  be  the  election 
of  officers. 

Thereupon,  at  1  o'clock  p.  m.,  a  recess  was  taken  until 
2:30  o'clock  p.  m. 

AFTER  RECESS. 

The  convention  reconvened  at  2:30  o'clock  p.  m. 

The  President.  We  will  hear  the  report  of  the  special 
committee  upon  the  death  of  Mr.  Fairchild. 

Mr.  Decker.  I  desire  to  present  at  this  time  the  report 
of  the  special  committee  upon  the  death  of  Public  Service 
Commissioner  H.  A.  Fairchild,  of  the  State  of  Washington: 

Your  special  committee  upon  the  death  of  Public  Service 
Commissioner  H.  A.  Fairchild.  of  the  State  of  Washington, 
respectfully  reports  the  following  resolution  and  asks  its  adop- 


Whereas.  This  association  has  been  apprised  l)y  telegraph 
of  the  sudden  death  of  our  able  and  esteemed  associate,  Hon. 
H.  A.  Fairchild.  a  member  of  the  public  service  commission 
of  the  State  of  Washington,  and  that  as  a  result  of  his  illness 
he  was  compelled  to  abandon,  while  en  route,  his  Journey 
undertaken  for  the  purpose   of  attending  this   convention. 

Re.solved,  That  in  the  death  of  Commissioner  H.  A.  Fair- 
child,  of  the  .State  of  Washington,  this  association  loses  an 
earnest,  able,  and  valued  member,  and  that  we  sympathize 
deeply  with  hl.s  associates  upon  the  puljlic  service  commission 
of  the  State  of  Washington,  and  with  the  members  of  his  family 
in  their  bereavement,  and  that  a  copy  of  this  resolution  be  sent 
immediately  to  the  public  service  commission  of  the  State  of 
■Washington   and    to    the    family   of    Commissioner    Fairchild. 

I  move  the  adoption  of  the  report. 

The  motion  was  carried. 

The  President.  A  special  order  for  this  hour  was  mad« 
of  two  reports,  which  we  will  have  at  this  time,  namely, 
the  report  of  the  committee  on  amendments  to  the  Act  to 
regulate  commerce  and  the  report  of  the  committee  on 
delays  attendant  upon  enforcing  orders  of  State  railway 
commissioners. 

Mr.  Pbentis,  of  Virginia.  This  report  was  prepared  by 
Clyde  B.  Aitchison,  of  the  Oregon  State  Commission.  Ho 
requested  me  to  present  it  to  the  convention  In  his  ab- 
sence. I  do  not  ask  the  association  to  adopt  that  report, 
but  I  am  taking  the  liberty  of  asking  the  association  to 
receipt  It  without  further  action.  My  reason  for  this  is 
that  the  report  withholds  any  recommendation  as  to  amend- 
ments to  the  act  to  regulate  commerce,  and  as  there  are 
other  reports  which  will  come  before  the  body  during  its 
session  which  will  recommend  some  amendments,  or  there 
may  be  such  reports,  therefore  I  think  it  is  well  for  the  as- 
sociation not  to  put  Itself  in  an  inconsistent  attitude  by 
adopting  this  report,  which  says  that  we  will  withhold 
recommendations  at  this  time.  I  move,  therefore,  that  the 
report  be  received  and  printed. 

The  motion  was  carried. 

REPORT     OF    THE    COMMITTEE    ON     AMENDMENT    OF    THE    ACT    TO 
REGULATE  COMMERCE. 

No  action  was  taken  by  the  committee  appointed  to  re- 
port to  the  last  meeting  of  this  association.  Doubtless  the 
committee  was  then  of  the  opinion  that  the  recent  amend- 
ments, sweeping  in  their  nature,  adopted  after  long  and 
rritical  debate,  should  be  tried  in  practical  operation 
liefore  any  opinion  was  hazarded  as  to  future 
amendments.  Since  then  the  wisdom  of  some  of 
the  amendatory  features,  such  as  the  power  of  suspension 
of  rate  advances  pending  investigation,  has  been  clearly 
demonstrated.  Other  innovations,  of  which  the  creation 
of  a  Commerce  Court  and  the  amended  long-and-short  haul 
section  are  examples,  have  not  leceived  the  careful  test 
which  time  alone  can  give  to  show  whether  they  need 
modification  In  any  particular.  In  other  instances,  as  for 
example,  with  respect  to  telegraph  and  telephone  business, 
and  the  Investigation  of  accidents  upon  railways,  the 
Interstate  Commerce  Commission  has  hardly  entered  upon 
the  exercise  of  its  widened  jurisdiction.  The  committee 
has  received  numerous  suggestions  as  to  proposed  amend- 
ments to  the  act  to  regulate  commerce.  They  are  mostly 
In  matters  of  detail. 

Almost  at  the  very  time  this  report  is  being  presented 
cases  are  being  submitted  to  the  United  States  Supreme 
Court  the  determination  of  which  will  give  a  clearer  under- 
standing of  the  respective  functions  of  the  States  and  Fed- 
oral  Governments.  In  other  cases  various  important  fea- 
tures of  the  interstate  commerce  act  are  Involved.  The 
very  fundamentals  of  rate  making  are  under  consideration 
in  pending  cases.  Under  the  circumstances  this  com- 
mittee believes  It  the  part  of  prudence  to  withhold  recom- 
mendations as  to  future  amendments  of  the  act  to  regulate 
commerce  until  the  relative  functions  of  the  States  and 
Federal  Governments  are  authoritatively  settled  and  until 
further  experience  in  the  practical  workings  of  the  act 
has  disclosed  more  clearly  in  what  respect  it  is  deficient. 
Respectfully  submitted. 

Clyde  B.  Aitchison,  Chairman, 

Robert  R.  Prentis, 

Charles  F.  Staples, 

O.  H.  Hughes, 

George  Rice. 

Mr.  Prentis,  of  Virginia.  The  other  special  order  at 
this  time  Is  the  report  of  the  committee  on  delays  at- 
tendant upon  enforcing  orders  of  State  railway  commis- 
sioners, and  is  as  follows: 


56 


FATIOT^AL    AsSOCXATION    of    EaILWAY    CoMMISSION^EBb 


BEPOKT      OF      THE      COMJIITTEE     ON      DELAYS      ATTENDANT      UPOIf 
ENFORCING  OKDEKS  OF  STATE  BAILWAY   COMMISSIONERS. 

It  Is  difficult,  if  not  impossible,  to  add  anything  of  value 
upon  the  subject  referred  to  this  committee.  That  sub- 
ject has  been  from  time  to  time  reported  upon  to  this  body 
by  previous  committees  since  1888.  During  that  period, 
however,  we  feel  justified  in  claiming  that  there  4ias  been 
a  gradual  and  steady  improvement  in  conditions,  so  that 
the  delays  in  enforcing  the  orders  of  State  railway  com- 
missions are  not  to-day  the  crying  evil  which  they  were 
twenty  years  ago.  This  Improvement  we  believe  can  be 
fairly  attributed  to  an  active  and  Intelligent  public  senti- 
ment crying  aloud  until  heard  alike  by  the  judges  and  the 
lawmakers  of  the  land. 

There  have  been  no  serious  delays  in  the  State  courts 
for  many  years,  and  judicial  decisions  and  section  17  of 
the  Commerce  Court  act  have  minimized  and  measurably 
remedied  the  evil  in  the  Federal  courts. 

I.  The  three  judicial  decisions  which  have  done  most 
to  hasten  such  judicial  proceedings  are: 

First.  The  action  of  Judge  Newman  in  the  case  of 
Central  of  Georgia  Railway  v.  McClenden  et  al.  (C.  C, 
157  Fed.  961).  In  that  case,  after  first  in  chambers  deny- 
ing a  temporary  restraining  order,  Judge  Newman  after- 
ward, when  a  motion  to  grant  a  temporary  injunction 
was  asked  before  him,  overruled  the  motion  and  declined 
at  that  time  to  grant  the  injunction,  holding  that  the  rate 
claimed  to  be  confiscatory,  prescribed  by  the  Georgia 
commission,  should  be  flirst  tried  in  order  to  ascertain  its 
effect  upon  the  railway  company's  business.  The  effect 
of  this  was  simply  to  require  the  complaining  company 
to  establish  the  allegations  of  its  bill  by  proper  proofs 
before  the  issuance  of  the  writ  of  injunction.  Inasmuch 
as  it  is  well  settled  that  the  prescribing  of  a  rate  is  a 
legislative  act  and  inasmuch  as  there  is  a  legal  presump- 
tion that  legislative  acts  are  constitutional,  therefore  it 
seems  to  be  conclusively  true  that  no  court  ought  to  en- 
join the  execution  of  such  a  law  until  the  proof  establish- 
ing its  unconstitutionality  is  submitted.  Such  a  practice 
violates  no  equity  rule,  and  simply  puts  the  burden  of  the 
litigation  and  the  motive  for  hastening  the  trial  upon  the 
complaining  railway  company,  where  such  burden  prop- 
erly belongs.  A  similar  course  was  pursued  in  St.  Louis, 
etc.,  Railroaa  Company  v.  Hadley  (168  Fed.  344),  and 
possibly  in  other  recent  cases. 

Second.  The  course  of  Judge  Newman  in  the  Georgia 
case  above  cited  was  commended,  and  the  hitherto  com- 
mon practice  of  United  States  judges  was  condemned,  by 
the  Circuit  Court  of  Appeals  of  the  Fifth  Circuit  in  the 
ease  of  Railroad  Commission  of  Alabama  v.  Central  of 
Georgia  Railroad  Co.  et  al.  (170  Fed.  225).  That  court 
uses  this  language  (which  is  the  same  that  was  quoted 
in  the  report  of  this  committee  at  the  1910  session) : 

The  litigation  is  likely  to  end  sooner  it  no  injunction  is  in 
force.  Its  dispatch  is  greatly  dependent  upon  the  conduct  of 
the  case  by  the  complainants.  They  would  not  be  inclined  to 
press  the  case  for  speedy  decision  when  they  have  once  se- 
cured a  preliminary  injunction.  As  long  as  it  stands  it  Is  as 
good  as  any  other,  and  experience  shows  that  it  often  has 
practically  the  effect  of  a  permanent  injunction.  Knowledge  of 
this  fact  was  probably  one  of  the  causes  for  the  enactment  of 
the  statute  allowing  appeals  from  these  interlocutory  cases. 
(Acts  Apr.  14,  1906,  c.  1627.  34  Stat.  116.)  In  these  cases  the 
preliminary  injunctions  have  been  in  force  for  two  years.  It 
no  injunction  had  been  granted,  it  Is  probable  that  a  final 
decree  of  the  Circuit  Court  would  have  been  reached  in  one- 
fourth   of  that  time. 

Third.  The  Supreme  Court  of  the  United  States  in  the 
great  case  of  Consolidated  Gas  Co.  v.  Willcox  (112  U.  S. 
19)  has  given  its  approval  to  the  same  doctrine,  the  late 
Mr.  Justice  Peckham  having  in  that  case  said: 

The  case  must  be  a  clear  one  before  the  courts  are  to  be 
asked  to  interfere  with  State  legislation  upon  the  subject  of 
rates,  especially  before  there  has  been  any  actual  experience 
of  the  practical  results  of  such  rates. 

II.  The  statute  which  will  in  the  future  prevent  the 
hasty  and  inconsiderate  granting  of  interlocutory  injunc- 
tions by  a  single  United  States  judge  is  found  in  the 
Commerce  Court  act  of  June  18,  1910,  section  17,  which 
reads  as  follows: 

That  no  Interlocutory  Injunction  suspending  or  restraining 
the  enforcement,  operation  or  execution  of  any  statute  of  a 
State  by  restraining  the  action  of  any  officer  of  such  State 
In  the  enforcement  or  execution  of  such  statute  shall  be  Issued 
or  granted  by  any  justice  of  the  Supreme  Court,  or  by  any 
Circuit  Court  of  the  United  States,  or  by  any  judge  thereof, 
or    bv    any    district    judge    acting    as    circuit    ju.lge.    upon    the 


ground  of  the  unconstitutionality  of  such  statute,  unless 
the  application  for  the  same  shall  be  presented  to  a 
Justice  of  the  Supreme  Court  of  the  United  States, 
or  to  a  circuit  Judge,  or  to  a  district  Judge  acting  as 
circuit  judge,  and  shall  be  heard  and  determined  by  three 
Judges,  of  whom  at  least  one  shall  be  a  justice  of  the  Supreme 
Court  of  the  United  States  or  a  circuit  Judge,  and  the  other  two 
may  be  either  circuit  or  district  judges,  and  unless  a  majority 
of  said  three  judges  shall  concur  in  granting  such  application. 
Whenever  such  application  as  aforesaid  is  presented  to  a  jus- 
tice of  the  Supreme  Court  of  the  United  States,  or  to  a  Judge, 
he  siiall  immediately  call  to  his  assistance  to  hear  and  deter- 
mine the  application  two  otlier  Judges;  Provided,  however. 
That  one  of  such  three  judges  shall  be  a  Justice  of  the  Supreme 
Court  of  the  United  States  or  a  circuit  judge.  Said  application 
shall  not  be  heard  or  determined  before  at  least  five  days' 
notice  of  the  hearing  has  been  given  to  the  governor  and  to  the 
attorney-general  of  the  state,  and  to  such  other  persons  as  may  be 
defendants  in  the  suit:  Provided,  That  if  of  opinion  that  irrep- 
arable loss  or  damage  would  result  to  the  complainant  unless 
a  temporary  restraining  order  is  granted,  any  justice  of  the 
Supreme  Court  of  the  United  States,  or  any  circuit  or  district 
Judge,  may  grant  such  temporary  restraining  order  at  any  time 
before  such  hearing  and  determination  of  the  application  for 
an  interlocutory  injunction,  but  such  temporary  restraming  order 
shall  only  remain  in  force  until  the  liearing  and  determination 
of  the  application  for  an  interlocutory  Injunction  upon  notice 
as  aforesaid.  The  hearing  upon  such  application  for  an  inter- 
locutory injunction  shall  be  given  precedence  and  shall  be  In 
every  way  expedited  and  be  assigned  for  a  hearing  at  the  ear- 
liest practicable  day  after  the  expiration  of  the  notice  here- 
inbefore provided  for.  An  appeal  may  be  taken  directly  to  the 
Supreme  Court  of  the  United  States  from  the  order  granting  or 
denying,  after  notice  and  hearing,  an  interlocutory  injunction 
In   such   case. 

This  statute  should,  in  our  opinion,  be  amended  and  re- 
enacted  so  as  to  provide  that  "no  injunction  suspending 
or  restraining  the  enforcement,  operation,  or  execution  of 
any  statute  of  a  State,  or  any  order,  rule,  or  regulation 
having  the  force  of  a  statute  of  a  State,  by  restraining  the 
action  of  any  officer  of  such  State  in  the  enforcement  or 
execution  of  such  statute,  order,  rule,  or  regulation,  shall 
be  issued  or  granted  by  any  court  or  judge  upon  the 
ground  of  the  unconstitutionality  of  such  statute,  order, 
rule,  or  regulation,  unless  such  unconstitutionality  shall 
plainly  appear  upon  the  face  thereof,  until  after  the  evi- 
dence is  submitted  and  the  case  is  heard  and  determinea 
upon  the  merits  thereof." 

The  reason  justifying  this  statute  has  been  hereinbe- 
fore indicated,  and  is  that  as  there  is  a  presumption  in 
favor  of  the  constitutionality  of  all  legislation,  therefore 
no  court  should  enjoin  the  execution  of  a  law  on  the 
ground  of  its  unconstitutionality  until  such  unconstitu- 
tionality is  established  by  proper  proof  and  "beyond  any 
just  or  fair  doubt,"  to  use  the  words  of  Mr.  Justice  Peck- 
ham.  "Nothing  less  than  this  is  demanded  by  the  respect 
due  from  the  judicial  to  the  legislative  authority"  is  the 
language  of  Mr.  Justice  Moody  in  the  case  of  Knoxville 
V.  Knoxville  Water  Co.  (212  U.  S.  1). 

The  "law's  delays"  have  vexed  the  souls  of  litigants 
since  the  days  of  Shakespeare.  Many  of  such  delays  are 
necessary  if  there  are  to  be  fair  and  impartial  trials,  due 
and  orderly  procedure,  followed  by  intelligent  and  right- 
eous judgments,  such  as  all  good  men  desire.  Many  more 
of  such  delays,  however,  are  imnecessary,  growing  out 
of  a  desire  of  one  of  the  litigants  for  delay  or  the  indo- 
lence or  negligence  of  counsel  or  judge.  These  unnec- 
essary delays  may  be  corrected  in  large  measure  by  the 
judges,  for  upon  them  must  rest  the  responsibility  for 
most  of  the  unnecessary  delays  of  the  law.  It  is  therefore 
upon  the  capacity,  faithfulness,  industry,  and  patriotism 
of  the  judiciary  that  we  must  chiefly  rely  to  prevent  un- 
reasonable and  unnecessary  delays  in  litigation  involv- 
ing the  orders  of  State  railway  commissions.  The  Su- 
preme Court  of  the  United  States  has  of  late  years  m- 
varlably  advaficed  such  cases  upon  its  docket  and  has 
decided  them  promptly.  We  believe  that  the  judges  of 
the  inferior  federal  courts,  Influenced  by  this  good  ex- 
ample and  guided  by  their  own  consciences,  are  realizing 
their  responsibility,  and  that  we  shall  have  fewer  com- 
plaints in  the  future  than  we  have  had  in  the  past  as  to 
delays  in  cases  involving  the  enforcement  of  orders  of 
State  railway  commissions. 

Respectfully  submitted. 

Robert  R.  Pbentis,  Chairman; 
■  IKA  B.  Mills, 
Wm.  R.  Warner, 
Clyde  B.  Aitchison, 
Fbanklin  McNeill, 
H.  F.  Babtine, 
Prank  A.  Wiohtman. 


Proceedings  of  the  Twenty-Thiud  Annual  Convention 


Mr.  Pbentis.     I  move  the  adoption  of  the  report. 

The  motion  was  carriod. 

Mr.  Dickinson,  of  Michigan.  Your  committee  on  grade 
crossings  and  trespassing  on  railroads  beg  leave  to  sub- 
mit the  following  report: 

REPORT    OF     THE     COMMITTEE    ON     GRADE    CROSSINGS     AND    TRES- 
PASSING  ON   RAILROADS. 

It  will  at  once  be  admitted  that  no  subject  has  received 
more  serious  consideration  by  the  members  ^t  this  asso- 
ciation or  is  more  worthy  of  such  than  the  one~1inder  dis- 
cussion, and  yet  the  general  results  obtained  force  us  to 
admit  that  little  progress  has  been  made  toward  rem- 
edying those  conditions  which  have  proven  so  destructive 
to  human  life. 

The  spirit  of  "taking  the  chance"  seems  to  have  be- 
come such  a  part  of  human  nature  that  each  one  seems 
bent  on  caring  for  himself  and  letting  others  do  the  same. 
Only  those  on  whom  has  been  impressed  the  number  of 
accidents  resulting  from  the  application  of  this  principle 
realize  the  necessity  for  legislation  or  the  agitation  of  pub- 
lic sentiment  looking  toward  the  protection  of  careless 
humanity  from  the  results  of  its  own  selfishness  and  un- 
wisdom. 

The  public  have  been  appealed  to  in  vain.  Commis- 
sions have  recommended  legislative  action  only  to  have 
such  ignored. 

In  some  States  the  law  permits,  if  it  does  not  direct, 
the  establishment  of  grade  crossings.  The  public,  when 
appealed  to,  readily  agrees  that  something  should  be 
done,  but  when  it  comes  to  making  that  public  bear  a  fair 
share  of  the  expense  of  grade  separation,  even  for  its  own 
protection,  or  making  the  unlawful  use  of  railroad  right 
of  way  a  felony,  it  demurs  and  loses  interest,  and  thus 
commissions,  whose  statistics  continue  to  show  great  loss 
of  life  at  such  crossings,  are  impotent  to  effect  a  remedy. 
The  people  say,  "The  railroads  are  the  offenders,  let  them 
apply  the  remedy,"  forgetful  of  the  fact  that  the  greater 
number  of  fatalities  result  from  the  use  of  railroad  prop- 
erty by  those  who  have  no  right  thereon,  or  in  failing  to 
exercise  a  reasonable  measure  of  caution  in  making  such 
crossings. 

The  railroads  make  little  objection  to  installing  such 
safety  devices  as  the  commissioners  or  commissions  order, 
but  feel  this  is  all  that  may  justly  be  required  of  them, 
and  that  when  a  separation  of  grades  Is  deemed  neces- 
sary, with  its  attendant  expenses,  the  public  should  bear 
a  reasonable  share  of  such  expense. 

We  appreciate  the  fact  that  in  States  and  sections  of 
States  where  the  topography  of  the  same  is  such  that  a 
good  view  can  be  had,  both  of  the  highway  and  railroad 
track,  separation  of  grades  is  least  demanded  and  most 
expensive,  and  where  the  country  is  rough  and  curves  in 
railroad  tracks  frequent  and  the  view  of  crossings  ob- 
structed, or  where  roads  are  double  tracked  and  a  large 
number  of  trains  are  operated,  that  a  greater  responsi- 
bility devolves  upon  both  the  railroads  and  the  public  to 
make  crossings  at  such  points  more  safe;  yet,  these  vary- 
ing conditions  are  what  makes  the  enactment  of  uniform 
laws,  requiring  the  separation  of  grades  and  the  appor- 
tionment of  the  expense  of  same  almost  impossible.  Still 
this  association  cannot  afford  to  go  on  record  other  than 
as  being  opposed  to  the  continuation  of  present  or  the 
construction  of  new  grade  crossings  where  it  is  all  prac- 
ticable to  effect  a  separation. 

Some  suggest  the  Inclosure  of  the  entire  right  of  way 
by  high  fences  and  use  in  connection  therewith  automatic 
gates:  some  the  conferring  upon  railroad  employes  the 
power  to  arrest  trespassers.  The  difficulty  of  fence  in- 
closure and  use  of  automatic  gates  over  the  railroad  tracks 
at  crossings  and  of  obtaining  convictions  by  elective  offi- 
cials at  once  suggest  themselves  to  every  thinking  mind. 
It  thus  becomes  apparent  that  it  is  a  matter  largely  of 
the  education  of  public  sentiment,  firstly,  in  respecting 
the  rights  of  others,  and  secondly,  respect  for  law.  We 
admit  this  is  a  slow  process  and  not  very  encouraging, 
but  it  seems  to  have  reached  a  reasonably  high  state  of 
efficiency  in  foreign  countries,  where  trespassing  on  rail- 
road right  of  way  is  exceptional.  When  the  trespasser 
realizes  the  railroad  has  property  rights  he  must  respect 
and  the  justice  of  the  peace  or  other  official  realizes  the 
public  sentiment  demands  a  fine  or  imprisonment  in  case 
of  conviction,  then  the  trespassing  public  will  begin  to 
take  notice.  The  rapid  increase  in  the  construction  and 
operation  of  interurban  lines,  the  adoption  of  longer  and 


heavier  cars,  and  the  increased  speed  at  which  they  are 
operated  in  their  attempt  to  successfully  compete  with  the 
steam  lines  for  other  than  local  passenger  traffic  is  op- 
erating as  an  added  menace  to  human  life  at  grade  cross- 
ings; from  the  fact  that  their  operation  is  more  frequent, 
attended  with  less  noise,  and  the  sound  of  their  whistle 
is  not  so  loud  and  strong,  the  pedestrian  or  driver  of  a 
vehicle  receives  less  notice  of  their  approach,  and  thus 
the  crossing  at  grade  of  electric  lines  is  proving  a  greater 
source  of  danger,  under  ordinary  conditions,  than  those 
of  steam  lines  and  must  receive  our  special  consideration. 

The  reckless  drivers  of  automobiles  are  adding  greatly 
to  the  list  of  injuries  and  fatalities  at  grade  crossings. 
Whether  the  average  automobile  driver  has  in  mind  a  par- 
ticular destination  which  he  desires  to  reach  or  not,  he 
always  drives  as  though  he  had,  and  that  it  was  so  nec- 
essary that  he  reach  such  destination  in  the  least  possible 
time  that  no  precautions  requiring  the  use  of  more  time 
should  be  taken.  Your  committee  of  1908  made  a  most 
exhaustive  report  upon  the  various  laws  and  customs  of 
this  and  other  countries  relative  to  trespassers,  yet  few, 
if  any,  changes  have  been  effected  since  that  time.  Again, 
in  1909  and  1910,  your  committee  presented  complete  re- 
ports, embodying  most  wise  recommendations,  all  of 
which  we  are  pleased  to  direct  your  attention  to,  and 
without  here  repeating,  we  desire  to  approve  and  reiterate 
most  emphatically. 

We  are  somewhat  discouraged,  in  view  of  the  little 
progress  made,  and  yet,  when  each  year's  death  list  ap- 
pears, it  stimulates  us  to  greater  energy  and  starts  anew 
a  serious  train  of  thought,  hoping  against  hope  that  some 
fertile  brain  may  yet  evolve  a  plan  evidencing  such  equity 
as  shall  at  once  commend  itself  alike  to  both  the  rail- 
roads and  the  public. 

We  fear  that  we  would  prove  unworthy  of  the  confi- 
dence reposed  and  justify  your  questioning  the  sincerity 
of  our  effort  if  as  the  result  of  all  our  investigations  we 
have  nothing  to  offer  looking  to  a  solution  of  the  problems 
under  consideration,  and  though  it  may  be  in  part  a  repe- 
tition of  what  has  previously  been  recommended,  we  be- 
lieve that  as  to  grade  separation  we  should  renew  our 
efforts  to  have  the  legislatures  of  our  respective  States 
pass  a  law  requiring  that  each  railroad  operating  therein 
should  be  required  to  eliminate  a  given  number  of  grade 
crossings  each  year,  and  at  such  points  as  the  commis- 
sion having  authority  in  such  States  shall  direct,  the  ex- 
pense to  be  apportioned  between  the  State  and  county, 
township,  or  village,  as  the  case  may  be,  and  the  railroad 
company,  as  the  commission  shall  determine,  believing 
that  the  varying  conditions  under  which  grades  are  sep- 
arated do  not  make  it  advisable  that  any  inflexible  rule 
or  statute  shall  govern  as  to  the  manner  of  division  of 
expense;  that  the  commission  of  the  State  in  which  such 
crossings  are  separated,  making  an  inspection  of  the 
premises  and  being  thoroughly  conversant  with  the  con- 
ditions is  in  a  better  condition  to  determine  the  reason- 
ableness of  the  apportionment  of  expense  than  any  other 
body,  legislative  or  otherwise.  We  also  believe  that  when- 
ever new  highways  are  to  be  constructed  crossing  rail- 
roads, or  new  railroads  constructed  crossing  existing  high- 
ways, that  before  the  same  is  done  the  point  where  such 
crossing  shall  be  made  and  the  manner  of  constructing 
the  same,  whether  over,  under,  or  at  grade,  shall  be  de- 
termined by  the  commission,  and  that  our  State  legisla- 
tures should  by  proper  enactment  so  provide.  Thereby 
may  we  be  able  to  commence  a  work  whose  value  be- 
coming apparent  may  cause  such  a  change  in  public  senti- 
ment as  to  render  the  enactment  of  proper  laws  relative 
to  the  correction  of  present  dangerous  crossings  more 
easily  secured. 

As  chairman  I  desire  to  express  my  appreciation  of  the 
generous  response  received  from  the  several  members  of 
the  committee  in  answer  to  my  request  for  suggestions 
and  opinions  relative  to  the  subject  matter  of  this  report, 
all  of  which  is  most  respectfully  submitted. 

G.  W.  Dickinson,  Chairman. 

Mr.  Dickinson.  In  order  to  bring  this  report  before  the 
members  for  discussion,  I  move  its  adoption. 

Mr.  Thoenb,  of  Iowa.  I  call  your  attention  to  the  last 
paragraph  on  page  3  of  this  report,  in  which  this  commit- 
tee recommends  that  the  expense  of  construction  of  these 
underground  or  overhead  crossings  be  borne  or  appor- 
tioned between  the  State  and  county  or  village,  as  the 
case  may  be,  and  the  railroad  company,  which  expresses 
In  the  one  clause  the  real  spirit  of  the  entire  report.    To 


58 


Natioxal  Association  of  Railway  Commissioners 


I 


my  mind  at  the  present  time  that  is  radically  wrong.  I 
have  no  objection,  when  the  time  comes,  to  the  public 
bearing  a  share  in  the  expense  of  improvements  and  bet- 
terments, provided  at  the  same  time  you  safeguard  the 
public  interests  so  they  will  not  have  to  turn  around  and 
pay  a  return  upon  the  cost  of  those  improvements  and 
betterments.  At  the  present  time  the  railway  companies 
themselves  contend  that  they  have  a  right  to  a  return 
upon  the  cost  of  reproduction,  and  in  this  very  room  I 
have  heard  a  distinguished  attorney  for  one  of  the  great 
western  lines  contend  before  the  Interstate  Commerce 
Commission  that  they  were  constitutionally  entitled  to 
such  a  return. 

Are  you  going  to  have  the  public  build  these  great 
viaducts,  overhead  crossings,  and  underground  crossings, 
and  turn  around  and  pay  to  the  railroad  companies  a  re- 
turn upon  what  they  have  cost?  In  the  Minnesota  Rate 
case  there  was  a  bridge  that  was  built  by  the  State  or 
the  city,  and  the  railway  company  at  this  time  is  asking 
for  a  return  in  that  case  upon  the  cost  of  that  bridge, 
upon  the  theory  that  if  the  public  built  the  railroad  they 
would  have  to  build  that  bridge.  I  hope  to  see  the  day 
come  when  the  public  interests  will  be  safeguarded. 
There  are  many  non-revenue-producing  improvements  that 
ought  to  be  built  at  the  expense  of  the  public,  but  until 
that  day  comes  we  should  not  undertake  the  task  of  build- 
ing them  for  the  benefit  of  the  owners  of  ihe  railroads 
and  then  pay  them  a  return  on  our  gift. 

Therefore,  I  move  as  a  substitute  that  the  report  of 
this  committee  be  received. 

The  motion  to  adopt  the  substitute  was  )riit.  and  the 
Chair  declared  the  result  in  doubt.  A  rising  vote  being  taken, 
the  result  was  16  tor  and  22  against,  and  the  substitute 
was  declared  lost. 

The  President.  The  question  now  is  upon  the  adoption 
of  the  original  motion  to  adopt  the  report. 

Mr.  McKnioht,  of  Arkansas.  This  work  has  devolved 
almost  entirely  upon  our  chairman,  except  through  such 
correspondence  as  we  have  had  with  him.  The  commit- 
tee has  had  no  meeting.  The  problem  of  getting  together 
the  many  members  of  this  committee  was  a  great  one.  and 
we  have  had  no  meeting. 

There  are  many  things  in  this  grade-crossing  question 
that  are  to  be  considered,  and  a&  well  the  matter  of  tres- 
passing upon  the  rights  of  way  of  railroads.  Not  until 
recently  has  the  question  been  brought  forcibly  to  my 
mind.  Since  then  I  have  tried  to  give  it  some  thought 
and  some  consideration.  When  we  consider  the  number 
of  lives  that  are  taken  each  year  in  these  two  ways  alone, 
It  demonstrates  to  us  that  it  is  a  matter  which  ought  to 
be  agitated  in  the  minds  of  the  people. 

It  is  a  question  that  ought  to  be  talked,  and  I  believe 
one  of  the  best  places  to  begin  this  talk  is  in  the  public 
schools  of  our  country,  beginning  with  the  education  of 
our  children  along  these  lines. 

The  report  says  that  since  we  are  putting  on  longer 
and  faster  trains,  it  has  become  more  and  more  danger- 
ous. In  coming  to  this  city,  speeding  away  at  the  rate  of 
60  to  80  miles  an  hour,  we  saw  schools  that  were  dis- 
missed, and  we  saw  droves  of  school  children  absolutely 
taking  the  railroad  right  of  way  as  a  public  highway. 
Since  arriving  here  I  have  seen  an  article  in  one  of  the 
papers  which  says  that  some  of  the  States  are  now  In- 
structing their  teachers  to  inform  their  children  of  the 
dangerous  conditions  that  exist  in  going  upon  the  right  of 
way  and  cautioning  them  also  in  regard  to  the  matter  of 
crossings.  This  might  be  one  way  in  which  we  could 
get  into  the  matter  in  our  various  States,  if  we  would 
protect  and  educate  the  children  with  reference  to  these 
questions.  I  feel  that  this  committee,  if  its  Investigation 
and  work  can  result  in  the  saving  of  the  life  of  one  little 
child,  will  have  done  noble  work.  I  should  feel  so  for 
my  own  part,  and  1  know  the  balance  of  the  committee  feel 
the  same  way. 

In  regard,  now,  to  the  laws  that  govern  the  question 
of  trespassing  upon  railroad  right  of  way,  our  local  laws 
In  our  State  are  not  ample  to  cover  this  question.  The 
law,  so  far  as  trespassing  upon  a  supposed  right  of  way, 
is  severe.  If  you  pull  up  a  stake  or  move  a  mark  that 
a  locating  engineer  puts  upon  your  land,  you  are  subject 
to  punishment  by  imprisonment  in  the  penitentiary  In 
our  State.  If  you  place  any  obstruction  upon  that  right 
of  way  after  that  road  is  constructed  that  is  liable  to 
wreck  the  train  or  delay  the  progress  of  that  train,  you 
are  also  subject  to   punishment.     Not   more  than   a  week 


ago,  in  one  of  the  northern  counties  of  our  Stale,  a  young 
man  was  sentenced  to  the  penitentiary  for  placing  some 
ties  upon  the  track.  This  is  right.  We  should  not  be 
allowed  to  place  obstructions  upon  the  track  or  to  in  any 
way  interfere  with  the  movement  of  these  trains.  Btit 
when  you  come  down  to  the  point  of  eliminating  the 
grade  crossings  anu  letting  the  individual  or  ihe  county 
or  the  State  bear  its  portion  of  that  expense,  I  agree  with 
the  gentleman  here  who  says  it  looks  hard,  after  we  have 
furnished  the  money  to  build  these  bridges,  for  that 
amount  to  then  be  made  a  part  of  the  capital  of  that  rail- 
road, and  that  bridge  to  be  made  a  part  of  the  equipment 
of  that  railroad,  and  for  us  to  have  to  pay  a  return  upon  It. 

We  have  the  same  condition  existing  in  our  country  in 
regard  to  the  support  that  we  have  formerly  given  by  dona- 
tion of  public-land  grants  to  the  railroad.  In  one  instancu 
alone,  in  five  counties  we  have  given  over  $4,000,000  worth 
of  property  to  the  construction  of  one  road.  Still  they  go 
right  into  the  courts  and  ask  a  fair  compensation  upon  tha. 
$4,000,000  gift. 

When  we  go  to  eliminate  these  crossings  and  when  w{ 
go  to  protect  these  crossings,  there  are  many  things  that 
can  be  done  to  prevent  accidents  upon  the  crossings  that 
would  not  be  in  the  nature  of  elimination.  For  instance, 
electrical  bells  are  a  very  great  help;  watchmen  at  par- 
ticular crossings  are  another  form  of  help.  Another  form 
of  help  would  be  that  crossings  which  are  most  dangerous 
should  be  eliminated  entirely.  For  instance,  a  crossing 
that  comes  in  a  cut  should  have  an  overhead  bridge,  while 
a  crossing  that  conies  directly  on  the  level,  if  not  ob- 
structed by  timber,  may  be  seen  for  a  great  distance. 

There  is  a  statute  to  which  I  want  to  call  your  atten- 
tion. If  any  of  you  have  this  statute  in  your  State,  I 
would  suggest  that  you  endeavor  to  see,  as  commission- 
ers, that  the  statute  is  absolutely  complied  with.  That  is 
the  statute  compelling  them  to  blow  the  whistle  and  to 
sound  the  bell  before  they  come  within  so  many  rods  of 
the  crossing.  There  is  one  of  the  most  important  statutes 
upon  the  statute  books  of  our  State.  We  regard  that  as 
very  important.  We  require  them  by  law  to  ring  a  bell 
of  a  certain  weight  or  sound  a  whistle  80  rods  before 
coming  to  this  crossing,  and  to  continue  to  ring  that  bell 
and  blpw  that  whistle  until  the  crossing  is  reached.  We 
find  in  about  90  per  cent  of  the  accidents  that  happen  that 
they  have  absolutely  failed  to  comply  with  that  law. 

The  law  specifies  that  the  party  making  the  report  or 
bringing  about  the  indictment  gets  one-half  of  the  fine, 
which  is  $100.  I  have  known  grand  juries  in  our  county 
to  refuse  to  indict  the  railroad  for  not  blowing  that  whis- 
tle or  ringing  that  bell  upon  the  ground  that  they  felt  it 
was  picayunish  in  the  people  to  make  that  report. 

Not  less  than  six  weeks  ago,  together  with  two  other 
commissioners,  I  visited  the  scene  of  a  wreck  that  was 
caused  directly  by  that  very  neglect  to  sound  the  whistle, 
where  there  were  three  persons  seriously  crippled  and  a 
team  of  horses  and  wagon  crushed  to  pieces. 

There  was  another  case  where  a  railroad  company 
stopped  a  train  to  get  water  right  at  a  crossing.  A  man 
waiting  for  the  opening  of  the  crossing  waited  a  reason- 
able length  of  time,  and  he  was  an  intelligent  man,  too. 
He  started  around  the  front  end  of  the  train,  this  train 
being  upon  a  sjding,  and  as  he  stepped  upon  the  main 
track  the  Texarkana  Flyer  came  along  and  swept  him  Into 
eternity — and  all  because  they  failed  to  blow  their  whistle 
and  ring  their  bell. 

We  might  do  some  good  by  having  the  teachers  of  our 
public  schools  instruct  their  children  and  see,  for  instance, 
if  possible,  that  they  stop  using  the  railroad  right  of  way 
as  a  public  highway.  It  is  a  natural  desire  to  walk  upon 
a  railroad  track.  I  have  lived  for  the  past  two  or  three 
years  some  distance  from  the  postofflce,  and  it  is  a  high, 
dry  road,  and  I  will  admit  I  come  up- on  the  railroad  right 
of  way  and  go  to  the  postofflce,  and  do  it  regularly.  Not 
only  that,  but  in  some  instances  where  the  railroads  have 
graveled  some  of  their  trestles  we  find  people  in  our  coun- 
try absolutely  riding  or  driving  across  some  of  those 
trestles  20  or  30  yards.  It  is  getting  worse  and  worse,  so 
far  as  trespassing  on  the  rights  of  way  is  concerned.  I 
know  what  a  horrible  cry  there  would  be  if  the  section 
foremen  or  the  crew  of  the  local  or  the  crew  of  the  pas- 
senger were  allowed  to  arrest  people  trespassing  on  the 
right  of  way,  and  I  doubt  whether  the  law  could  be  en- 
forced nt  all.  If  there  was  such  a  law  upon  the  statute 
books.  But  we  ought  to  look  more  and  more  all  the  time 
to  the  protection  of  our  citizens.     A  human  life  cannot  oe 


Proceedings  of  the  Twenty-Third  Annual  Convention 


59 


measured  in  money  value,  when  it  is  mine  or  yours  or 
the  life  of  our  loved  ones. 

So  far  as  the  question  of  grade  crossings  is  concerned, 
I  am  willing  to  take  it  upon  myself  In  our  section  of  the 
country  to  see  that  some  grade  crossings  are  eliminated, 
if  we  have  the  power  to  do  it.  That  Is  perhaps  enough 
along  the  line  of  grade  crossings  and  the  elimination  of 
grade  crossings  and  the  question  of  trespassing  npon  rail- 
road rights  of  way.  Absolutely  every  man,  woman,  and 
child  that  walks  upon  the  right  of  way  of  a  railroad  is 
trespassing  upon  the  property  of  that  road^^  but  at  the 
same  time  the  road  is  somewhat  responsible  for  the  tres- 
passing. They  are  permitting  it;  they  are  not  only  per- 
mitting it,  but  they  are  willingly  permitting  it.  If  the 
railroads  would  call  attention  to  the  amount  of  money 
they  have  to  pay  out  in  damages  and  for  loss  of  life  and 
would  demonstrate  that  that  amount  of  money  would 
build  almost  all  the  crossings  and  eliminate  a  great  many 
of  them,  it  would  be  quite  an  educational  proposition. 
Just  a  week  ago  I  was  on  a  fast  train,  coming  up  from 
the  southern  part  of  the  State,  when  the  bell  began  to 
ring  and  the  whistle  to  sound.  Ihe  train  stopped,  and 
we  went  down  and  found  an  aged  citizen  lying  with  his 
head  absolutely  cut  off.  He  had  walked  along  and  fallen 
with  his  head  across  the  track,  and  the  train  cut  his  head 
off.  I  understand  there  is  a  suit  pending  as  a  result  of 
that  accident.  If  there  were  some  way  to  prevent  a  man 
walking  along  that  right  of  way  the  railroad  Itself  would 
be  protected  from  that  kind  of  a  damage  suit  and  from 
payment  of  the  amount  of  damages  they  will  have  to  pay 
in  such  a  case. 

In  one  case  I  know  they  paid  a  thousand  dollars  dam- 
age, which  would  absolutely  build  and  maintain  for  some 
time  an  underground  crossing  at  the  very  point  where  this 
accident  happened  that  I  speak  of.  I  do  not  know  what 
the  damage  will  be  in  the  other  two  cases.  This  damage 
of  a  thousand  dollars  was  paid  for  the  loss  of  the  team, 
and  the  damage  to  the  three  parties  was  settled  by  com- 
promise. It  seems  to  me  that  the  railroads  should  elimi- 
nate crossings,  and  do  everything  in  their  power  to  make 
them  absolutely  safe.  Another  question  is  the  stopping  of 
trains  across  the  public  road.  The  law  is  not  observed  as 
it  should  be.  In  one  of  these  cases,  if  the  railroad  had 
cut  their  train  GO  feet,  as  required  by  law.  the  damage 
might  not  have  come;  but  they  did  not  do  that.  The  law 
provides  for  a  60-foot  cut,  but  they  did  not  cut  more  than 
25  or  30  feet.  We  must  save  lives  by  seeing  that  the 
absolute  distance  which  the  law  provides  is  opened  up  in 
such  cases.  Where  the  trains  are  not  opened  the  proper 
distance,  they  cut  off  the  view  of  incoming  and  outgoing 
trains.  Anything  we  could  do  along  the  line  of  saving  hu- 
man life,  leaving  out  the  question  of  elimination  and  the 
question  of  trespass,  would,  of  course,  be  a  benefit.  Let 
us  get  to  work  and  try  to  protect  these  crossings  as  much 
as  we  can  and  eliminate  them  as  far  as  possible. 

So  far  as  the  statute  is  concerned,  that  is  a  difficult 
question.  I  served  two  terms  in  the  legislature  myself, 
and  it  had  not  been  called  to  my  attention  at  all.  I  had 
never  even  dreamed  of  the  question  of  elimination  of  rail- 
road crossings  until  It  was  called  to  my  mind  by  the 
report  of  one  of  the  committees  in  last  year's  convention, 
when  I  read  their  report.  I  at  once  began  to  study  the 
question  and  to  look  to  see  what  was  the  cause  of 
the  deaths  in  our  immediate  neighborhood,  and  I  find 
that  I  can  name  several  in  our  immediate  vicinity  that 
have  happened  since  that  time.  However,  in  1906,  I 
Introduced  a  little  measure  along  this  line,  brought  to  my 
mind  by  newspaper  reports  that  a  young  lady  of  our  State, 
a  prominent  young  lady,  in  starting  home  to  dinner  had 
walked  across  a  railroad  right  of  way,  and  a  backing  car, 
without  an  engine  attached,  ran  over  her  and  killed  her. 
I  introduced  a  law  providing  that  no  car  should  move  at 
a  crossing  or  in  a  public  yard  without  someone  being  in 
possession  and  control  of  that  car;  but  owing  to  the  fight 
that  came  up  from  the  organized  railroad  workers  in  our 
town,  the  bill  was  defeated.  However,  I  am  still  in  favor 
of  it  and  should  like  to  see  it  made  a  law. 

Gentlemen,  I  thank  you  for  the  few  minutes  I  have 
taken  of  your  time. 

Mr.  Daniels,  of  New  Jersey.  Mr.  President,  I  desire 
to  suggest  a  few  questions  about  which  we  are  in  doubt 
in  our  State.  The  grade-crossing  question  has  become 
acute  there,  and  both  i)olitical  parties  have  made  specific 
reference   to    the   matter   in    their   platforms.     One   party 


declares  for  compulsory  elimination  of  crossings  at  the 
expense  of  the  companies,  and  the  other  party  declares 
for  vesting  the  commission  with  power  to  bring  about  this 
gradual  elimination. 

The  first  difficulty  we  find  In  the  matter  of  grade 
crossings  is  that  there  are  really  sections  where  a  real- 
estate  development  is  going  on  particularly  along  the 
shore,  where  we  find  petitions  presented  to  grant  new 
grade  crossings  where  they  do  not  now  exist.  We  find 
we  are  between  two  fires.  On  the  one  hand,  in  the  thickly 
settled  section  there  is  no  agitation  for  grade  crossings, 
and  in  half  a  dozen  places  where  there  is  real-estate 
development  along  the  shore  the  people  interested  in  real 
estate  will  besiege  the  commission  with  requests  to  put  in 
local  crossings  so  as  to  benefit  their  real  estate. 

The  mere  provision  that  a  certain  number  of  crossings 
be  eliminated  entirely  is  not  sufficient.  If  you  eliminate 
GO,  and  there  are  70  new  ones  opened,  you  are  tending 
toward  the  worse  as  a  result  of  your  60  eliminations. 
That  is  the  first  difficulty  we  have  to  contend  with,  and 
about  all  we  manage  to  do  there  is  to  sit  tight  and  refuse 
to  open  up  new  grade  crossings  wherever  we  can  find  a 
shadow  of  an  excuse. 

The  second  question,  in  the  larger  cities — in  the  city  of 
Elizabeth,  for  example — is  to  determine  who  shall  be 
responsible  for  damages  to  adjacent  real  estate.  That  is  a 
very  serious  question  in  a  thickly-settled  community  where 
questions  of  interest  would  have  to  be  considered,  and  the 
question  of  damages  would  occur  to  adjacent  real  estate. 
If  it  were  a  matter  of  elevating  a  track  that  ran  through 
an  unsettled  section,  that  question  would  not  arise;  but  It 
is  a  serious  question  when  you  talk  about  the  elevation 
of  tracks  through  a  thickly-settled  town. 

It  is  my  impression,  moreover,  that  great  dliflculty  is 
going  to  be  created  if  you  vest  the  commission  with  the 
absolute  power  to  apportion  as  between  the  carrier  and 
the  municipality  their  respective  shares  of  the  cost  of  ele- 
vating tracks.  For  example,  we  had  a  case  before  our  com- 
mission where  the  Central  Railroad  of  New  Jersey  made 
known  to  the  commission  that  they  would  stand  whatever 
proportion  of  the  cost  of  elevating  the  tracks  the  com- 
mission determined  was  their  fair  proportion.  The  at- 
torney for  the  city  rejected  the  offer  absolutely  and  de- 
clared that  the  city  of  Elizabeth  would  not  stand  for  the 
expenditure  of  one  cent  in  contributing  to  the  elimination 
of  grade  crossings  through  that  particular  section. 

My  judgment  would  be,  if  you  vest  the  commission  with 
the  power  to  determine  more  or  less  at  its  own  will  what 
share  the  community  shall  bear  and  what  share  the  rail- 
roads shall  bear,  and  what  share  the  trolley  company 
will  bear— because  very  often  they  run  across  the  rail- 
road tracks — you  would  soon  find  the  local  municipalities 
all  over  the  State  up  in  arms  against  what  they  regard 
as  an  invasion  of  their  right  of  local  self-government.  If 
you  impose  upon  this  town  or  that  town  another  large 
expenditure  they  would  claim  that  their  right  of  local  self- 
government  was  being  taken  out  of  their  hands,  and  that 
their  indebtedness  wan-  being  enlarged  and  new  indebted- 
ness  created   without  their  consent. 

Mr.  President,  my  object  in  arising  is  to  get  light  on 
these  points.  If  real  estate  adjacent  is  damaged  by  the 
elevation  of  tracks,  how  are  you  going  to  distribute  the 
damage — on  the  carrier,  on  the  city,  or  in  some  proportion 
upon  both? 

It  is  a  question  as  to  whether  vesting  such  powers  in 
a  commission  would  not  irritate  the  local  communities  if 
the  commission  should  venture  to  assess  upon  the  local 
community  any  considerable  portion  of  the  cost  of  such 
elevation. 

Mr.  Thobne,  of  Iowa.  I  cannot  believe  that  I  made 
myself  clear  a  few  moments  ago.  I  think  that  there  was 
a  misunderstanding  in  regard  to  the  motion  which  was 
submitted;  but  whether  or  not  that  was  the  case  I  desire 
to  offer  this  amendment  to  the  committee's  report. 

I  move  that  the  report  of  the  committee  be  amended 
by  inserting  in  the  thirteenth  line  of  the  last  paragraph  on 
the   third   page   this   clause   parenthetically: 

Provided  the  cost  of  the  same,  so  far  as  borne  by  the  State, 
county,  town,  or  village,  can  legally  be,  and  Is,  separated  from 
the  value  upon  which  the  railway  company  is  entitled  to  a 
return. 

If  you  gentlemen  are  sincere  in  this  desire  that  the 
grade  crossings  be  eliminated  you  will  not  object  to  such 
a  clause  in  your  report.     If  you  are  desirous  for  the  public 


60 


National  Association  of  Railway  Commissioners 


to  build  these  Improvements,  and  then  ask  the  public  to 
pay  a  return  to  the  railroad  companies  upon  the  public's 
investment,  you  will  oppose  that  amendment.  I  offer  it 
in  all  sincerity  as  merely  a  safeguard  against  what  I  think 
would  be  wrong,  and  the  position,  it  I  can  make  myself 
clear,  is  unassailable,  as  I  believe.  In  the  way  I  have 
worded  the  clause  it  is  only  that  the  public  shall  pay  no 
return  upon  what  they  build.  Taking  it  in  the  large  cities, 
the  cost  of  an  improvement  might  be  five  or  ten  million 
dollars.  It  is  entirely  unfair  to  turn  right  around  and  say 
the  public  must  pay  a  return  to  the  railroad  company 
upon  that  five  or  ten  million  dollars. 

I  will  read  the  clause  once  more  that  everybody  may 
understand  it: 

Provided  the  cost  of  the  same,  so  far  as  borne  by  the  State, 
county,  town,  or  village,  can  legally  be,  and  is,  separated  from 
the  value  upon  which  the  railway  company  is  entitled  to  a 
return. 

If  you  expect  the  public  of  this  country  to  build  these 
improvements  and  then  turn  around  and  pay  a  return  upon 
what  they  build,  you  are  starting  out  upon  a  doctrine  that 
is  going  to  be  most  emphatically  repudiated  over  the 
country  in  the  different  States.  You  are  asking  the  public 
to  build  railway  properties  and  then  pay  a  return  on  what 
they  invest,  which  is  unsound,  unjust,  and  has  never  been 
sanctioned  by  any  court  or  any  tribunal  of  any  standing 
In  this  land. 

I  move  that  as  an  amendment  to  the  report  of  the 
committee. 

Mr.  Mills,  of  Minnesota.  It  seems  to  me  you  are  taking 
the  wrong  view  of  the  matter.  It  seems  to  me  you  are 
providing  that  no  elimination  of  grade  crossings  can 
take  place  so  long  as  there  is  any  question  about  the 
legality  of  the  proposition.  I  do  not  want  to  concede  there 
is  any  doubt  about  its  legality,  as  I  think  your  amendment 
does. 

Mr.  Thobne,  of  Iowa.  In  this  very  room,  Mr.  Dawes, 
general  solicitor  of  the  Chicago,  Burlington  &  Quincy 
Railroad  Co.,  said  they  were  entitled  to  a  return  upon 
such  improvements;  and  if  he  did  not  say  so,  then  I  am 
wrong,  and  any  person  in  this  room  can  correct  me,  and 
I  wish  they  would  do  so.  He  took  precisely  the  opposite 
position  from  the  gentleman  from  Minnesota.  Mr.  Dawes 
Is  general  solicitor  of  the  Chicago,  Burlington  &  Quincy 
Railroad  Co.,  and  in  an  argument  here  in  which  the  issue 
as  to  the  amount  of  the  returns  they  were  entitled  to  was 
at  stake  he  made  that  statement.  I' have  avoided  the  ne- 
cessity for  us  to  determine  that  legal  proposition  by  word- 
ing my  clause  as  I  have.  I  do  not  embarrass  you  and 
you  do  not  embarrass  me.  I  am  agreed  to  It,  provided 
that  can  be  legally  done;  so  if  you  are  correct,  then  the 
resolution  does  not  hurt  you,  and  if  the  railway  companies 
are  correct  the  resolution  will  not  hurt  the  public. 

Mr.  Mills,  of  Minnesota.  I  do  not  want  to  concede  that 
there  is  any  doubt  about  its  legality.  I  do  not  want  this 
convention  to  concede  there  is  any  doubt  about  the  legality 
of  it.  If  the  municipality  has  a  right  to  compel  the  com- 
pany to'  pay  these  expenses,  which  is  undoubtedly  true- — 
because  it  was  so  decided  in  the  Minneapolis  case — that 
is  the  proper  policy.  If  the  miraicipality  will  pay  part  of 
it,  then  the  railroad  company  shall  not  have  any  revenue 
upon  that  part. 

Mr.  Thobne,  of  Iowa.  Suppose  you  were  wrong? 
Suppose  the  United  States  Supreme  Court  should  hold  that 
you  are  wrong  after  all  these  improvements  are  built; 
would  you  think  it  right  then  that  these  companies  should 
be  entitled  to  a  return  upon  them? 

Mr.  Mills,  of  Minnesota.    No,  sir;  I  do  not  think  so. 

Mr.  Thobne,  of  Iowa.  Then  what  is  your  objection  to 
It  at  all? 

Mr.  Mills,  of  Minnesota.  Because  your  clause  con- 
templates no  elimination  of  grade  crossings  except  it  can 
be  done  without  requiring  it.  That  is  the  reason  I  object 
to  it. 

Mr.  Bebbt,  of  Illinois.  The  only  proposition  is  that  in 
case  the  public  pays  any  part  of  this  expense  it  can  not 
be  considered  in  the  valuation  of  the  railroad  property. 
There  can  be  no  objection  to  that  at  all.  If  there  is  a 
bridge  built  across  the  Des  Moines  River  that  cost  a  mil- 
lion dollars  and  the  State  of  Iowa  pays  half  of  it,  when  they 
come  to  determine  what  is  the  physical  valuation  of  that 
bridge  as  a  part  of  the  railroad  property  $500,000  of  it  is 
not  considered  in  that  physical  valuation,  having  been  paid 
by  the  State  of  Iowa. 


Mr.  Dickinson,  of  Michigan.    Of  course  where  there  are 

forty-two  members  of  a  committee  it  is  quite  impossible 
to  have  a  conference,  with  that  number  scattered  as  they 
are  over  every  State  in  the  Union,  except  through  corre- 
spondence, and  it  is  quite  a  difficult  matter  to  bring  to 
this  convention  a  report  that  would  meet  every  phase 
of  this  subject  and  satisfy  every  member.  I  have  tried 
to  embody  in  this  report  as  much  as  possible  the  different 
views  of  the  members  of  the  committee,  feeling  that  it 
might  be  properly  discussed  at  this  meeting. 

In  the  State  of  Michigan  we  have  laws  in  regard  to 
separation  of  grades,  but  the  commission  has  no  authority 
under  those  laws,  except  in  the  apportionment  of  expense 
in  the  event  of  a  disagreement  between  the  parties  inter- 
ested. The  recommendations  made  herein  will  give  the 
commission  of  each  State,  if  it  became  a  law,  authority 
over  such  matters. 

Trespassing  upon  railroads  is  prohibited  by  law  in  the 
State  of  Michigan,  but  no  penalty  is  imposed  for  the 
violation  of  same.  Railroad  compapies  may  have  any  num- 
ber of  "no  trespassing"  signs  in  evidence,  but  apparently 
no  attention  is  given  to  them.  Our  report  shows  that 
there  were  more  people  killed  during  the  year  1910  in 
Michigan  as  trespassers  than  there  were  killed  of  pas- 
sengers and  employes  combined.  The  reports  of  the  In- 
terstate Commerce  Commission  for  the  months  of  October, 
November  and  December,  1910,  show  a  total  of  1,314  tres- 
passers killed;  or  practically  one-half  of  the  persons  killed 
on  railroads  in  the  United  States  during  that  period  were 
trespassers.  This  demonstrates  the  fact  that  there  is  a 
necessity  for  action  to  be  taken  by  the  members  of  this 
association  with  their  respective  legislatures  along  these 
lines,  and  I  feel  certain  that  a  request  from  an  association 
as  important  as  the  National  Association  of  Railway  Com- 
missioners, if  properly  presented,  would  be  given  due 
consideration. 

The  motion  to  adopt  the  amendment  was  carried. 

The  motion  to  adopt  the  report  as  amended  was  carried. 

Mr.  Berry,  of  Illinois,  was  here  called  to  the  chair, 
President  Burr  taking  his  seat  among  the  members  on  the 
floor. 

ELECTION    OF   OFFICERS. 

Chairman  Beery.  The  special  order  at  this  hour  is  the 
election  of  officers.  The  first  thing  in  order  is  nomina- 
tion of  candidates  for  president  of  this  association  for 
the  ensuing  year. 

Mr.  Decker,  of  New  York.  I  am  complimented  by  the 
privilege  of  placing  in  nomination  for  the  office  of  presi- 
dent of  this  great  association  a  man  who  has  been  for  a 
long  period  of  years  a  member  of  the  association,  who  has, 
I  think,  attended  every  session  since  he  has  been  a  rail- 
road commissioner,  who  has  most  earnestly  participated  In 
all  of  the  work  of  the  association,  who  has  worked  with 
us  and  to  some  extent  led  us  in  our  session  work,  and  who 
has  labored  arduously  throughout  the  year  for  the  advance- 
ment of  public  regulation.  I  am  the  more  enthused  In 
making  this  nomination  by  what  I  conceive  to  be  the  fact 
that  he  is  the  unanimous  choice  of  this  convention.  He 
is  a  man  for  whom  we  all  have  the  highest  esteem  and 
respect,  and  many  of  us  are  his  close  personal  friends.  I 
know  I  do  not  surprise  you  when  I  nominate  for  the  office 
of  president  for  the  ensuing  year  the  Hon.  Charles  S. 
Staples,  of  Minnesota. 

Mr.  B^NN,  of  Kentucky.  I  move  the  nominations  be 
closed  and  that  Mr.  Staples  be  declared  the  unanimous 
choice  of  this  convention  for  president  for  the  ensuing 
year. 

The  motion  was  carried. 

Chairman  Berry.  Mr.  Staples  Is  declared  the  unanimous 
choice  of  the  association  for  the  office  of  president  for  the 
ensuing  year. 

The  next  office  to  be  filled  is  that  of  first  vice-president. 
Nominations  are  in  order. 

Mr.  Glasgow,  of  Michigan.  I  believe  It  Is  conceded  by 
all  gentlemen  who  participate  in  the  deliberations  of  this 
association  that  men  who  have  shown  not  only  their  ability 
to  work,  but  their  willingness  to  do  whatever  is  necessary 
to  accomplish  effective  work,  both  in  the  body  as  a  whole 
and  also  upon  the  committees,  do  the  kind  of  work  which 
prompts  us  to  honor  them  when  we  can.  It  is  not  always 
the  man  who  has  so  much  to  say  upon  the  floor  that  gives 
evidence  of  his  ability  to  lead.  The  thinker  may  be  the 
man  whom  we  are  able  to  follow,  and  oftentimes  the  man 
who  has  good  thought  is  able  .and  willing  to  instruct  the 


Proceedings  of  the  Twenty-Third  Annual  Convention 


61 


rest  of  us.  During  the  deliberations  of  this  convention 
there  has  been  a  gentleman  upon  this  floor  who  has  had 
years  of  experience  in  traffic  lines,  who  has  been  chairman 
of  one  of  the  foremost  commissions  in  this  country,  a  man 
who  has  spol^en  with  a  great  deal  of  wisdom  in  our  de- 
liberations, and  a  man,  I  think,  who  is  entirely  worthy  of 
our  confidence  and  the  honor  which  I  ask  you  to  bestow 
upon  him.  I  may  know  him  personally  better  than  some 
of  you,  and  therefore  may  be  better  able  to  determine 
his  qualifications  for  this  position.  For  the  position  of 
first  vice-president  I  have  the  honor  to  nominl^  the  Hon. 
O.  P.  Gothlin,  Ohio. 

Mr.  Mann,  of  North  Dakota.  I  move  the  nominations 
be  closed  and  Mr.  Gothlin  be  declared  the  unanimous 
choice  of  the  convention  for  the  office  of  first  vice- 
president. 

The  motion  was  carried. 

Chairman  Bebby.  Mr.  Gothlin  Is  declared  the  duly 
elected  first  vice-president  of  the  association  for  the  en- 
suing year. 

The  next  office  to  be  filled  is  that  of  second  vice-presi- 
dent.    Nominations  are  in  order. 

Mr.  BuBB,  of  Florida.  I  rise  to  perform  what  Is  to  me 
a  very  pleasant  task.  The  gentleman  whose  name  I  in- 
tend to  present  to  this  convention  as  a  candidate  for  the 
office  of  second  vice-president  does  not  even  know  what 
I  am  on  my  feet  for  at  this  moment.  I  intend  to  present 
the  name  of  this  gentleman  for  your  consideration  be- 
cause he  has  been,  in  my  judgment,  one  of  .he  most  faith- 
ful, not  only  in  his  attendance  upon  the  sessions,  but  In 
his  work  during  the  years  ever  since  he  has  been  a  State 
railroad  commissioner.  I  commenced  this  work  about  10 
years  ago,  and  I  found  him  at  the  first  convention  that 
I  attended,  and  he  has  been  present  at  every  one  since. 
He  is  older  in  the  work,  I  think,  than  I  am,  and  has  at- 
tended these  conventions  even  further  back  than  I  have 
mentioned. 

It  will  be  a  real  pleasure  to  me  to  see  his  work  re- 
warded. It  is  a  further  pleasure  to  me  because  he  is  from 
a  neighboring'  State.  It  is  a  further  pleasure  to  present 
his  name,  because  I  regard  him  as  my  personal  friend. 
I  refer  to  the  Hon.  H.  Warner  Hill,  of  Georgia,  and  offer 
his  name  to  this  convention  for  its  next  second  vice- 
president. 

Mr.  Deckeb,  of  New  York.  I  want  to  add  my  testimony 
to  the  words  of  commendation  just  spoken.  I  have  la- 
bored with  Commissioner  Hill,  of  Georgia,  so  long  that  I 
would  like  to  take  all  day  in  discussing  his  splendid  quali- 
fications, but  such  an  effort  is  utterly  useless.  I  move 
that  the  nominations  be  closed,  and  that  Mr.  Hill,  of 
Georgia,  be  declared  second  vice-president  by  acclamation. 

The  motion  was  carried. 

Chairman  Bebby.  Mr.  Hill  is  declared  the  unanimous 
choice  of  the  association  for  the  office  of  second  vice- 
president  for  the  ensuing  year. 

The  next  office  to  fill  is  that  of  secretary. 

Mr.  Pbentis,  of  Virginia.  I  rise  to  nominate  the  present 
Incumbent.  Mr.  William  H.  Connelly,  of  the  Interstate 
Commerce  Commission.  I  really  do  not  see  how  we  can 
get  along  comfortably  without  him.  I  understand  that  he 
does  not  desire  the  place,  and  I  S'fie  he  is  about  to  rise 
and  say  he  does  not  desire  it;  but  I  think  the  association 
wants  him,  and  I  nominate  him  tor  that  office. 

Mr.  Connolly,  of  the  Interstate  Commerce  Commission. 
I  thank  the  gentleman  for  nominating  me  for  this  posi- 
tion, but  I  want  to  state  to  the  convention  that  I  have 
served  it  for  many  years,  and  tor  many  reasons,  personal 
to  myself,  I  should  like  to  be  relieved  from  the  duties  of 
secretary  of  this  association.  There  are  a  great  many 
responsibilities  attached  to  this  position  and  a  consider- 
able amount  of  work,  and,  it  seems  to  me,  there  are  many 
members  of  this  association  who  could  quite  as  well  per- 
form the  duties,  if  not  better,  than  I  can,  and  I  would 
consider  it  a  great  favor  if  the  members  of  this  association 
will  elect  some  other  person  as  secretary  for  the  next  year. 

Mr.  Mills,  of  Minnesota.  I  do  not  see  how  we  can  get 
along  without  Mr.  Connolly.  There  is  no  one  I  know  of 
whom  we  can  put  in  there  to  do  as  well  as  he  has  done. 
He  is  familiar  with  the  work  and,  I  think,  we  ought  to  in- 
sist upon  his  accepting.  We  might  increase  his  salary, 
so  far  as  that  is  concerned. 

Mr.  BuBR,  of  Florida.  I  would  like  to  second  the 
nomination  of  Mr.  Connolly,  and  to  say  that  from  my 
experience  as  president  of  this  association  during  the  last 


year  it  will  be  difficult,  in  my  judgment,  for  the  new  offi- 
cers to  get  along  very  well  without  the  aid  of  Mr.  Con- 
nolly. He  is  thoroughly  familiar  with  the  work  and  can 
supply  data  quicker  than  possibly  anybody  else  outside 
of  Washington  City. 

Mr.  Deckeb,  of  New  York.  I  move  the  nominations  be 
closed  and  that  Mr.  Connolly  be  declared  the  unanimous 
choice  of  the  association,  by  acclamation,  for  the  position 
of  secretary. 

The  motion  was  unanimously  carried. 

Chairman  Bebby.  Mr.  Connolly  is  declared  elected  sec- 
retary of  the  association  for  the  ensuing  year. 

The  next  office  to  fill  is  that  of  assistant  secretary. 

Mr.  Pbentis,  of  Virginia.  As  we  are  sustaining  the  ad- 
ministration, I  nominate  Mr.  William  Kilpatrick,  of  Illinois. 

Mr.  Smith,  of  South  Dakota.     I  move  the  nominations 
be    closed    and    that   Mr.    Kilpatrick    be    declared    elected 
assistant  secretary  by  acclamation. 
The  motion  was  carried. 

President  Burr  here  resumed  the  chair,  Mr.  Berry,  of 
Illinois,  resuming  his  seat  among  the  members  on  the 
floor. 

The  President.  The  next  report  in  order  Is  the  report 
of  the  committee  on  railroad  taxes  and  plans  for  ascertain- 
ing the  fair  valuation  of  railroad  property.  This  report  is 
in  print.  It  was  prepared  by  Mr.  Bassett,  of  the  first  dis- 
trict of  New  York,  who  is  not  now  a  member  of  the  com- 
mission. It  has  been  approved  by  the  members  of  his 
committee  with  one  exception,  as  will  be  disclosed  by  the 
reading  of  the  report,  which  duty  I  will  ask  the  assistant 
secretary  to  perform. 

The  report  of  the  committee  was  thereupon  read  by 
assistant  secretary  Kilpatrick,  as  follows: 

BEPORT     OF     COMMITTEE     ON     RAILBOAD     TAXES     AND    PLANS     FOB 

ASCEBTAININO    the    FAIR   VALtlE    OF    BAILBOAD    PBOPEBTT. 

VALUATION    OF   PUBLIC   SEBVICE   CORPORATIONS. 

The  subject  allotted  to  this  committee  includes  two 
quite  distinct  though  related  subjects: 

(1)  Railroad  taxation. 

(2)  Methods  of  ascertaining  the  fair  valuation  of  rail- 
road property. 

The  general  subject  of  railroad  taxation  has  been  a 
chief  topic  of  discussion  from  the  organization  of  this 
association  and  has  been  ably  treated  in  the  annual  reports 
of  our  predecessors  on  this  committee.  Owing  to  this  fact 
and  to  the  difficulty  of  dealing  with  two  such  important 
and  comprehensive  subjects  in  the  same  report,  we  have 
decided  to  devote  our  attention  to  the  second  subject, 
that  of  "the  fair  valuation  of  railroad  property." 

A  valuation  of  a  railroad  or  other  public  utility  may  be 
made  for  various  purposes: 

(1)  Private  purchase,  including  the  purchase  or  mar- 
keting of  securities. 

(2)  Public  purchase  for  municipal  or  Government 
ownership. 

(3)  Taxation. 

(4)  Rate  making. 

(5)  Accounting   and   capitalization. 

A  State  commission  will  have  nothing  to  do  with  valua- 
tions for  the  first  purpose  above  stated,  but  will  be  re- 
quired to  make  valuations  for  any  or  all  of  the  other  four 
purposes.  Thus,  the  Wisconsin  Railroad  Commission  has 
been  required  to  make  valuations  of  waterworks  for  the 
purpose  of  municipal  purchase;  the  official  valuation  of 
railroads  in  Michigan  and  Wisconsin  were  for  tax  purposes, 
the  official  valuation  of  railroads  in  Minnesota,  Washing- 
ton and  South  Dakota  primarily  for  rate  purposes,  and  the 
official  valuation  in  Texas  for  the  purpose  of  regulating  the 
issue  of  stocks  and  bonds. 

It  is  a  question  of  prime  importance  whether  a  valua- 
tion for  one  of  these  purposes  may  be  used  for  the  other 
purposes  also.  Is  valuation  the  same  regardless  of  the 
purpose,  or  is  valuation  meaningless  unless  made  with 
reference  to  some  specific  purpose?  Prior  discussions  of 
valuation  both  within  and  outside  of  this  association  have 
usually  maintained  that  valuation  should  be  the  same  re- 
gardless of  the  purpose  for  which  the  valuation  Is  to  be 
used.  How,  for  example,  can  a  State  commission  recognize 
four  different  kinds  of  value  and  make  one  valuation  for 
municipal  purchase,  another  for  taxation,  another  for  rate- 
making  and  another  for  capitalization?  To  do  so  seems  at 
first   thought   inconsistent.     On   the   other  hand,   a   little 


lATION    OF 

consideration  will  show  that  value  is  meaningless  unless 
made  with  reference  to  some  particular  object.  To  be 
sure  it  may  happen  that  fair  value  for  one  purpose  is  the 
same  as  fair  value  for  another,  but  in  order  to  determine 
what  is  fair  value  for  any  specific  purpose,  it  is  necessary 
to  think  it  out  with  reference  to  this  purpose  only,  and 
when  we  discuss  the  theory  and  elements  of  valuation,  it 
seems  necessary  that  we  should  have  in  mind  a  specific 
purpose,  that  the  valuation  is  to  serve.  It  appears  to  us 
that  considerable  confusion  in  the  discussion  of  the  subject 
of  valuation  has  arisen  either  from  lack  of  attention  to 
this  fact  or  from  the  false  assumption  that  value  may  be 
ascertained  without  reference  to  purpose. 

Some  of  the  trouble  doubtless  arises  from  a  confusion 
of  the  terms  "cost"  and  "value."  Cost  is  a  definite  amount 
regardless  of  purpose.  The  actual  cost  and  the  reproduc- 
tion cost  of  any  structure  may  be  determined  without 
reference  to  the  purpose  for  which  such  estimates  may 
later  be  used.  This  is  what  is  often  meant  when  it  is 
said  that  valuation  should  be  the  same  regardless  of 
purpose.  All  that  is  really  intended  is  that  actual  cost 
or  reproduction  cost  should  be  the  same.  But  cost  is 
not  necessarily  value  for  any  purpose,  though  it  is  an 
element  in  estimating  fair  value  for  almost  any  purpose. 
Thus,  fair  value  for  rate  purposes  may  be  based  largely  on 
actual  cost  or  on  reproduction  cost  or  on  a  composite 
of  actual  cost  and  reproduction  cost.  Considerations  of 
equity  may  as  to  certain  elements  of  cost,  lead  to  the  ac- 
ceptance of  actual  cost  as  the  fairer  basis,  while  as  to  other 
elements  the  cost  of  reproduction  may  be  a  better  indica- 
tion of  present  fair  value  for  rate  purposes.  Take  for 
example  the  question  of  promotion  and  other  preliminary 
development  costs.  In  a  valuation  for  rate  purposes, 
though  cost  of  reproduction  may  be  used  as  a  general  rule, 
It  may  seem  more  equitable  to  use  actual  cost  of  promo- 
tion; that  is,  the  necessary  cost  of  promoting  the  small 
initial  plant,  rather  than  the  cost  to-day  of  promoting  a 
plant  of  the  size  of  the  present  one,  may  be  taken.  Or, 
on  the  other  hand,  promotion  cost  may  be  entirely  ex- 
cluded from  a  valuation  for  rate  purposes  and  considered 
only  in  fixing  the  fair  rate  of  return. 

This  leads  to  a  fundamental  distinction  between  fair 
value  for  rate  purposes  and  fair  value  for  purchase,  con- 
demnation or  taxation.  The  thing  of  real  importance  in 
a  rate  case  is  not  the  fair  value  of  the  property  alone 
or  the  fair  rate  of  return  alone,  but  the  product  of  the 
two.  This  product  is  the  net  return  that  the  owners 
are  to  receive  for  the  use  of  their  property.  If  the  total 
net  return  is  adequate,  it  is  immaterial,  in  so  far  at  least 
as  the  justice  of  the  result  is  concerned,  whether,  for  ex- 
ample, there  is  allowed  a  7  per  cent  return  on  a  valuation 
of  $1,000,000  or  a  5  per  cent  return  on  a  valuation  of 
$1,400,000,  as  the  net  return  is  $70,000  in  either  case. 
In  a  case  of  condemnation  or  municipal  purchase,  however, 
the  valuation  is  final  and  all  important.  In  fixing  com- 
mercial value,  market  value,  or  fair  value  under  condemna- 
tion for  the  purchase  of  a  plant  operating  under  a  per- 
petual franchise  the  net  return  under  legal  or  reasonable 
rates  is  often  the  chief  determining  factor.  The  net  re- 
turn Is  capitalized  at  the  rate  considered  fair  for  the  pur- 
pose, and  the  result  is  taken  as  the  fair  market  or  com- 
mercial value.  Thus,  recurring  to  the  above  illustration, 
a  net  return  of  $70,000  capitalized  on  a  5  per  cent  basis 
gives  a  valuation  of  $1,400,000;  And  if  in  this  case  the 
present  value  of  the  physical  plant  has  been  found  to 
be  $1,000,000,  the  difference,  $400,000,  is  attributed  to 
franchise  and  going  value.  Owing  to  the  fact  that  the  rate 
of  return  ordinarily  deemed  reasonable  in  a  rate  case  Is 
in  excess  of  the  rate  of  capitalization  that  determines  com- 
mercial value,  the  commercial  value  will  ordinarily  exceed 
the  fair  value  for  rate  purposes.  One  rule  for  determining 
fair  rate  of  return  that  has  considerable  merit  is  to  allow 
a  rate  of  return  that  would  be  adequate  at  the  present  time 
to  induce  investment  in  a  new  enterprise  of  similar  char- 
acter. The  State  must  consider  the  effect  of  its  action 
on  new  enterprises  as  well  as  merely  seeing  that  the  prop- 
erty of  the  present  owner  »«  not  confiscated.  In  doing 
so  a  going  value  is  created  for  purposes  of  sale.  This 
may  be  illustrated  as  follows: 

The  value  of  a  public  utility  plant  is  fixed  at  $1,000,000 
for  rate  purposes,  this  being  the  fair  value  of  the  prop- 
erty with  no  allowance  for  franchise  or  going  value.  The 
rate  of  return  is  fixed  at  7  per  cent,,  thus  giving  an  annual 
net  return  of  $70,000.     This  same  plant  is  then  appraised 


MLWAT    UOMMISSTOJ 


I 


for  purposes  of  voluntary  sale.  The  capital  of  the  com- 
pany is  $1,000,000,  of  which  one-third  is  stock  and  two- 
thirds  bonds.  The  rate  of  interest  on  the  bonds  is  4 
per  cent  and  they  are  quoted  at  par.  With  the  assumed 
net  return  ($70,000)  this  would  leave  an  amount  equiva- 
lent to  a  13  per  cent  dividend  on  the  stock.  Assume,  now, 
that  the  stock  will  sell  in  the  market  on  a  5%  per  cent 
basis.  The  market  value  of  each  $100  share  of  stock  would 
then  be  $236  and  the  market  value  of  all  the  stock  and 
the  bonds  (par  value  $1,000,000)  would  be  $1,454,000.  That 
is,  this  plant,  operating  under  the  valuation,  rate  of  re- 
turn, and  rates  of  charge  fixed  by  the  State,  would  actually 
have  a  commercial  value  more  than  45  per  cent  in  excessi 
of  the  fair  value  allowed  for  rate  purposes. 

It  is  clear  from  the  above  that  while  there  may  be  i. 
franchise  or  going  value  of  this  kind  in  any  commercia 
valuation,  value  of  this  sort  has  no  logical  part  in  a  valua 
tion  for  rate  purposes. 

Similarly  in  regard  to  appraisal  for  tax  purposes.  If  it 
is  decided  that  a  public  utility  should  be  taxed  on  Its 
total  value  as  a  going  concern^that  is,  its  commercial, 
market  or  sale  value — then  Jranchise  and  going  value  will 
be  Included.  If,  on  the  other  hand,  the  public  utility  plant 
is  to  be  taxed  precisely  as  other  real  estate,  the  cost  of 
reproduction  less  depreciation  will  be  the  basis.  There 
is  no  inherent  inconsistency  in  using  one  method  of  valua- 
tion for  tax  purposes  and  another  method  for  rate  pur- 
poses. The  tax,  by  whatever  method  assessed,  is  consid- 
ered an  operating  expense  in  fixing  rates,- and  is  therefore 
borne  by  the  user  of  the  service  wherever  rates  of  charge 
are  strictly  regulated.  Methods  of  ad  valorem  taxation 
must  be  worked  out  with  an  eye  single  to  what  is  just  and 
practicable  in  taxation,  and  methods  of  valuation  for  rate 
purposes  must  be  worked  out  with  an  eye  single  to  what 
is  just  and  constitutional  in  rate  making. 

The  misplaced  or  partially  obsolete  plant  or  road  is  the 
one  that  causes  greatest  difficulty  in  valuations  for  any 
purpose.  A  waterworks  plant  has  been  built  for  a  village 
too  small  to  support  it  and  the  population  of  the  village 
instead  of  increasing  as  expected  actually  decreases.  A 
railroad  has  been  constructed  chiefly  to  carry  coal  from 
certain  mines,  or  lumber  from  a  certain  district.  The  coal 
or  the  timber  becomes  exhausted,  leaving  a  railroad  that 
cannot  pay  a  fair  return  on  its  actual  cost  or  its  reproduc- 
tion cost  no  matter  what  the  scale  of  rates  charged.  A 
street  railway  is  constructed  chiefly  to  carry  passen.gers 
to  a  certain  terminal,  but  currents  of  travel  having  changed 
it  cannot  possibly  earn  interest  on  its  actual  cost.  Under 
such  conditions  the  plant  or  line  as  a  whole  must  be 
recognized  as  partly  obsolete,  and  the  best  gauge  of  its 
present  depreciated  value  will  in  many  cases  be  its  fair 
market  value.  Cases  of  this  kind  are  frequently  met  with 
in  valuation  for  tax  purposes.  A  general  reduction  in  the 
rates  of  a  road  or  plant  of  this  kind  seldom  comes  up  for 
official  consideration,  but  it  very  frequently  happens  In 
valuing  any  comprehensive  railroad  or  street-railway  sys- 
tem for  rate  purposes,  that  there  are  certain  lines  that 
are  partially  obsolete  though  the  system,  as  a  whole,  is 
earning  a  profit.  For  such  partially  obsolete,  or  partially 
used  lines,  neither  actual  cost  nor  reproduction  cost,  nor 
reproduction  cost  less  existing  physical  depreciation,  fur- 
nish any  basis  for  fixing  fair  value  for  rate  purposes.  The 
value  that  will  be  most  appropriate  will  be  a  value  based 
on  the  earnings  of  the  line  as  a  part  of  the  system  and 
will  thus  be  closely  related  to  market  or  commercial  value. 
But  though  in  a  rate  case  we  can,  as  above,  base  the  value 
of  a  particular  part  of  a  comprehensive  system  on  earn- 
ings or  market  value,  we  cannot  base  the  value  of  the  whole 
system  on  market  value,  as  the  market  value  depends  on 
the  scale  of  rates  charged,  and  the  rate  scale  is  the  ques- 
tion at  issue.  The  market  value  of  the  system  will  depend 
largely  on  the  net  return  that  may  be  earned  under  the 
rate  scale  allowed. 

The  books  of  a  company  kept  from  the  start  In  accord- 
ance with  a  correct  accounting  system  would  show  a  capi- 
tal account  that  would  be  closer  to  what  seems  a  just 
fair  value  for  rate  purposes  than  any  other  single  basis. 
But  owing,  perhaps,  to  lack  of  accounts  kept  as  above,  the 
court  decisions  have  given  greater  weight  to  cost  of  re- 
production or  cost  or  reproduction  less  depreciation 
than  to  actual  cost  in  determining  fair  value  for  rate 
purposes.  Capitalization,  or  the  amount  of  stock  and 
bonds    issued    (which    may    be    a    very    different    amount 


PK0CKEDI.NG8    OF    TIIK    TWENTY-TlIIED    ANNUAL    CONVENTION 


63 


from  the  book  assets),  might  also  if  issued  under 
strict  supervision  from  the  start  he  a  most  Important 
element  in  fixing  fair  value  for  rate  purposes.  If 
the  bonds,  however,  were  issued  either  at  a  premium  or 
at  a  discount  this  fact  would  have  to  be  taken  into  account. 
Whether  bonds  are  issued  at  a  premium  or  a  discount.  It 
is  the  actual  amount  in  money  received  therefrom  that  is 
of  importance  in  fixing  value  for  rate  purposes.  The  same 
may  be  said  of  stock  issued  at  a  premium.  It  is  some- 
times argued  that  because  bonds  are  allow^to  be  issued 
below  par  that  discount  or  brokerage  is  a  proper  charge 
in  estimating  cost  and  fair  value  for  rate  purposes.  But 
both  brokerage  and  deferred  interest  or  discount  proper 
are  a  part  of  the  amount  that  the  company  must  pay  on 
its  borrowed  capital.  They  should  both  be  paid  out  of 
earnings  during  the  term  of  the  bonds.  Payment  for  the 
use  of  money  of  whatever  kind  is  in  the  nature  of  an 
Interest  payment  and  is  most  properly  converted  into  and 
treated  as  an  annual  interest  charge.  Capital  secured 
by  the  Issue  of  50-year  5-per-cent  semiannual  bonds  at 
84.2  actually  costs  the  company  6  per  cent  per  year.  In  a 
rate  case  it  is  not  necessary  to  consider  the  manner  in 
which  the  company  chooses  to  pay  this  annual  charge. 
It  makes  no  difference  for  this  purpose  whether  the  com- 
pany may  have  issued  G  per  cent  bonds  at  par  or  5  per 
cent  bonds  at  84.2.  The  real  payment  was  6  per  cent  in 
either  case.  In  a  rate  case  the  rate  af  return  allowed 
the  company  on  its  investment  must  be  at  least  equal  to 
the  real,  as  distinct  from  the  nominal,  rate  paid  by  th« 
company  for  the  use  of  borrowed  money.  And  having 
provided  for  necessary  brokerage  and  discount  in  the 
rate  of  return  allowed,  it  is  clear  that  discount  on  bonds 
should  not  be  added  to  the  valuation  for  rate  purposes  as 
that  would  result  In  a  double  allowance  for  discount. 

An  ideal  system  of  capitalization  and  accounting  would 
assume  that  the  stockholders  contributed  and  dedicated 
a  certain  amount  of  money  for  the  construction,  equipment 
and  operation  of  the  public  utility;  that  they  added  to  this 
contribution  from  time  to  time  as  capital  purposes  de- 
manded; that  proper  repairs  were  always  made  and 
charged  to  operating  expense;  that  no  deferred  main- 
tenance was  allowed  to  creep  in;  that  the  life  of  each  ele- 
ment of  construction  and  equipment  was  accurately  esti- 
mated and  reserves  out  of  earnings  set  aside,  so  that  as 
each  element  was  worn  out  or  became  inadequate  or  ob- 
selete  it  could  be  exactly  replaced,  no  more  and  no  less, 
out  of  its  respective  reserve;  and  that  all  payments  made 
for  the  use  of  money  was  made  out  of  earnings  and  not 
in  any  case  added  to  capitalization.  Let  us  suppose  that 
the  stockholders  of  tliis  ideal  system  would  expect  only 
a  reasonable  interest  return  on  their  investment,  perhaps 
plus  a  sum  to  represent  their  service  in  carrying  on  the 
public  utility.  In  such  a  corporation  the  capitalization 
shown  on  its  books  could  be  taken  as  a  valuation  for  rate 
making,  or  for  capitalization  in  case  of  merger,  consoli- 
dation or  reorganization.  It  would  not  necessarily  be  a 
valuation  for  taxation,  condemnation,  sale,  or  sale  of 
securities.  The  process  of  rate  making  would  be  the 
adjustment  of  rates  from  time  to  time  so  that  they  would 
yield  a  fair  return  to  the  investors.  The  valuation  for 
taxation,  condemnation,  sale,  or  sale  of  securities,  might 
be  either  more  or  less,  according  to  supply  and  demand, 
and  the  various  causes  that  produce  fluctuations  in  price. 
The  ideal  conditions  of  our  illustration  can  probably  never 
be  realized  either  on  the  corporation  or  the  governmental 
side.  No  human  prescience  can  fix  the  time  when  construc- 
tion or  equipment  will  become  obsolete  or  inadequate. 
Even  the  period  of  normal  wear  is  at  best  a  good  guess, 
for  wear  is  never  uniform  and  materials  always  will  vary 
in  quality.  Consequently  the  valuation  for  rate  making 
and  the  capitalization  and  book  value  will  tend  to  differ. 
We  have  said  enough  perhaps  to  indicate  that  valua- 
tion for  any  purpose  is  a  very  complicated  matter,  but 
that  valuation  for  rate  purposes  is  the  most  difficult  and 
complicated  of  all.  We  have  shown,  too,  that  the  term 
value  is  meaningless  unless  made  with  reference  to  some 
particular  purpose,  and  that  any  attempt  to  find  a  common 
single  basis  of  valuation  is  futile.  Progress  toward  a  cor- 
rect solution  of  any  valuation  problem  can  only  be  made 
by  directing  our  thoughts  solely  toward  the  specific  pur- 
pose involved.  We  cannot  very  well  follow  two  diverging 
paths  at  one  and  the  same  time. 

We  wish   to  acknowledge,   with   thanks,  the  assistance 
of  R.   H.   Whitten,   librarian   of   the   Public    Service   Com- 


mission of  the  first  New  York  district,  in  the  framing  of 
this  report. 

Edward  M.  Bassett,  Chairman, 
John  F.  McClube, 
Clyde  B.  Aitchison, 
G.  McD.  Hampton. 
September  1,  1911. 

In  signing  the  above  report,  I  wish  to  add  that  I 
believe  In  arriving  at  a  fair  and  just  valuation  of  railroad 
properties,  and  that  to  this  end  the  net  earnings  of  such 
railroads  should  be  taken  into  consideration. 

G.  McD.  Hampton. 
I  dissent  from  the  opinions  expressed  in  the  foregoing 
report. 

John  C.  Lawbencb. 

The  President.  You  have  heard  the  reading  of  the 
report.    What  is  the  pleasure  of  the  convention? 

Mr.  Maltbie,  of  New  York.  Mr.  Bassett  was  chairman 
of  this  committee.  He  is  not  now  a  member  of  our 
commission,  and  I  wish  to  say,  before  making  a  motion, 
that  I  have  read  this  report  with  a  great  deal  of  interest. 
The  subject  is  one  upon  which  I  suppose  a  whole  volume 
could  be  written  and  I  imagine  that  there  are  phrases  In 
the  report  that  probably  every  one  of  us  would  write 
somewhat  differently  from  what  the  committee  has  pre- 
sented in  its  report.  But  as  a  whole  I  think  it  is  an 
admirable  presentation  of  the  subject.  I  think  the  com- 
mittee has  done  excellent  work  in  presenting  in  such  con- 
cise form  so  difficult  a  subject. 

I  move  the  adoption  of  the  report. 

Mr.  Prentis,  of  Virginia.  It  seems  to  me  as  we  have  a 
dissent  from  one  member  of  the  commission — and  those  of 
us  who  know  him  know  that  If  he  were  here  he  would 
voice  that  dissent— it  seems  to  me  that  as  there  are  ex- 
pressions in  this  report  that  we  cannot  all  rigree  to  pre- 
cisely that  we  had  better  simply  receive  this  report  and 
print  it  in  the  proceedings  without  further  action  at  this 
time.  It  certainly  is  a  very  difficult  problem,  and  I  think 
there  is  great  difference  of  opinion  about  several  raalters 
involved. 

The  President.     Do  you  offer  that  as  an  amendment? 

Mr.  Prentis.    Yes,  sir. 

The  President.  The  gentleman  from  Virginia  offers  as 
an  amendment  a  motion  that  we  receive  the  report  and 
that  it  be  printed  in  our  proceedings. 

The  motion,  as  amended,  was  carried. 

The  President.  The  next  business  is  the  report  of  the 
committee  on  uniform  classification  and  simplification  of 
tariffs.  I  believe  Mr.  Commissioner  Clark,  of  the  Inter- 
state Commerce  Commission ,  is  the  chairman  of  that 
committee. 

Mr.  Lewis,  of  Iowa.  Mr.  Clark  said  he  might  not  be 
able  to  be  here,  and  asked,  if  he  was  not  here,  that  I 
read  the  report  of  the  committee. 

report  of  the  committee  on  uniform  classification  and 
simplification  of  tariffs. 

The  subject  of  uniform  classification  for  the  railways  of 
the  United  States  has  been  considered  and  discussed  in 
several  conventions  of  this  association,  as  well  as  in. 
innumerable  conferences,  addresses  and  written  articles. 

Uniformity  is,  of  course,  devoutly  to  be  desired,  and  It 
is  encouraging  to  know  that  earnest  and  diligent  efforts 
are  being,  and  for  some  time  have  been,  made  in  that 
direction. 

The  separate  classifications  now  in  force  have  been  built 
up  through  years  of  operation  in  the  different  classifi- 
cation territories,  the  carriers  in  each  territory  consider- 
ing particularly  their  own  interests  and  acceding  in 
numberless  instances  to  the  desires  or  demands  of  their 
patrons.  • 

In  bringing  about  uniformity  the  prime  Interest  of  the 
carriers  is  their  revenue,  to  which,  of  course,  is  added 
the  interest  of  each  carrier  that  the  shippers  upon  its  line 
are  not  at  a  disadvantage  as  compared  with  competing 
shippers  on  competitive  railroads.  The  shippers  are  in- 
terested in  the  total  of  the  charges  which  they  pay  and 
in  seeing  that  they  are  not  at  a  disadvantage  as  com- 
pared  with   their  competitors. 

At  first  blush  it  might  be  said  that  if  the  railroads 
would  bring  about  uniform  classification  entirely  by  re- 
ductions in  charges  it  would  be  satisfactory  to  shippers, 
but  after  a  moment's  thought  it  is  not  at  all  certain  that 
uniformity   so   reached    would   be  entirely   satisfactory   to 


64 


National  Association  of  Railway  Commissioners 


■ 


shippers,  because  it  might  contain  elements  of  discrimina- 
tion against  some  of  them  which  would  be  of  more  im- 
portance to  them  than  the  measure  of  the  rates  they  pay. 

In  its  1909  convention  this  association  recommended 
that  authority  be  conferred  upon  the  Interstate  Commerce 
Commission  to  prescribe  uniformity  in  classification  ot 
Interstate  traffic.  The  act  as  amended  in  June,  1910,  con- 
fers upon  that  commission  authority  to  prescribe  joint 
classifications.  There  is  now,  therefore,  as  to  interstate 
trafl5c,  authority  in  law  to  require  observance  and  main- 
tenance of  a  uniform  classification  when  or  if  such  classifi- 
cation is  prepared  and  prescribed  by  the  Interstate 
Commerce  Commission. 

In  its  1910  convention  this  association  recommended 
that  the  Interstate  Commerce  Commission  take  the  nec- 
essary steps  to  secure  at  as  early  a  day  as  practicable 
such  uniformity  in  classification  rules  and  regulations  as 
the  act  to  regulate  commerce  makes  it  the  duty  of  carriers 
to  establish  and  observe,  and  to  give  to  all  interested 
parties  opportunity  to  be  heard  before  the  final  adoption 
thereof. 

The  members  of  your  committee  have  given  this  matter 
much  consideration  and  thought  and  the  deeper  we  go 
Into  the  subject  the  more  we  appreciate  and  realize  the 
multitude  of  difficulties  tnat  must  be  met  and  overcome 
and  the  magnitude  of  the  work  of  bringing  into  uniformity 
all  of  the  rules,  regulations,  specifications,  requirements, 
minimum  weights,  and  ratings  contained  in  the  present 
classifications  and  the  multitudes  of  exceptions  thereto. 

We  have  inquired  with  considerable  particularity  as 
to  the  progress  of  the  work  undertaken  and  so  far  ac- 
complished by  the  carriers'  committee,  composed  of  three 
representatives  from  each  of  the  three  classification  terri- 
tories, which,  as  we  are  convinced,  has  been  intelligently, 
eflSciently  and  industriously  working  in  good  faith  to 
prepare  for  adoption  by  the  carriers  uniformity  In  the 
particulars  of  rules,  descriptions,  specifications  and  mini- 
mum weights. 

We  requested  that  the  carriers'  committee  prepare  for 
us  a  memorandum  relative  to  the  work  which  they  have 
been  engaged  upon  and  the  plans  and  prospects  in  that  con- 
nection for  the  future.  We  are  advised  that  the  working 
committee  prepared  such  memorandum  and  submitted  it 
to  the  executive  committee  and  that  it  has  been  impossible 
to  get  a  meeting  of  that  executive  committee  in  time  to  re- 
vise and  complete  that  memorandum  for  Insertion  in  this 
report  as  was  originally  intended.  It  is  suggested  that  the 
memorandum  will  be  furnished  in  time  to  be  Included  in 
the  completed  printed  proceedings  of  this  convention,  and 
we  recommend  that  if  it  is  so  received  it  be  so  included 
as  an  appendix  to  this  report. 

The  carriers'  committee  is  composed  of  men  of  skill  and 
wide  experience  in  classification  matters,  and  If  such  com- 
mittee, working,  as  we  are  convinced  this  committee  has 
done,  in  good  faith  and  industriously,  is  necessarily  em- 
ployed for  so  long  a  period  in  this  work,  it  seems  obvious 
that  a  less  experienced  committee  must  either  take  a 
substantially  greater  time  to  perform  the  same  work  or 
must  do  it  in  a  less  efficient  and  consequently  less  satis- 
factory manner. 

Instead  of  waiting  until  the  report  on  that  branch  of 
the  work  which  has  so  far  been  undertaken  was  com- 
pleted, the  carriers  adopted  the  plan  of  incorporating  in 
the  present  classifications  as  rapidly  as  was  found  possi- 
ble those  portions  of  the  work  which  were  ready  and  were 
adopted.  In  that  way  and  to  that  extent  succeeding  pro- 
gressive steps  have  been  taken  in  the  direction  of  uni- 
formity. It  will  be  seen  that  much  remains  to  be  done, 
but  we  have  ascertained  that  the  committees  in  charge  of 
the  several  present  classifications  are  giving  due  considera- 
tion to  the  provisions  of  the  other  classifications  and  are 
seeking  to  bring  about  uniformity  in  different  features 
and  items  as  changes  are  made.  Every  such  step 
contributes  toward  ultimate  uniformity. 

Your  committee  Is  of  the  opinion  that  it  is  better  for 
all  concerned  to  permit  the  present  plan  of  action  to  con- 
tinue so  long  as  substantial  and  continuing  progress  is 
thus  made,  rather  than  to  now  undertake  to  prepare  and 
prescribe  a  uniform  classification.  We  also  think  that  be- 
hind this  effort  on  the  part  of  the  carriers  there  should  be 
the  spur  of  continued  Interest  and  activity  on  the  part  of 
all  interested  or  vested  with  any  authority  In  the  premises, 
and  a  definite  understanding  that  if  continued  and  sub- 


stantial progress  Is  not  made  the  work  will  be  undertaken 
through  other  means  by  those  having  authority  so  to  do. 

Experiences  of  the  past  justify,  we  think,  the  conclusion 
that  even  if  uniform  classification  were  to-day  agreed  upon 
by  carriers  and  shippers,  competitive  influences  and  the 
desire  to  get  traffic  would  very  soon  destroy  the  uniformity 
unless  it  were  supported  by  the  force  of  authority  In  law  to 
require  adoption,   maintenance   and   observance  thereof. 

In  this,  as  in  other  matters,  more  or  less  suspicion 
lurks  in  the  minds  of  some,  and  much  of  misunderstanding 
secures  foothold.  The  several  classification  committees 
have  adopted,  and,  we  believe  are  following  the  practice 
of  according  hearings  to  Interested  shippers  on  proposed 
changes  in  classifications.  We  are  informed  that  It  la  fre- 
quently found  that  protests  against  proposed  changes  are 
discovered  to  be  based  in  misunderstandings.  We  note 
that  in  trade  or  technical  journals  devoted  to  the  Interests 
of  shippers  or  to  the  Interests  of  railroads  extreme  views 
on  either  side  are  presented.  Obviously  uniformity  can 
never  be  reached  as  the  result  of  the  adoption  of  the 
views  of  the  extremists  on  either  side.  We  are  inclined  to 
think  that  many  of  these  extreme  expressions  are  based 
to  some  extent  in  misunderstanding. 

It  has  been  suggested,  we  think  with  much  force,  that 
in  the  work  of  preparing  uniformity  of  ratings  for  a  uni- 
form classification  by  the  carriers'  committee  a  great  deal 
of  misunderstanding  and  many  of  the  objections  which 
will  otherwise  arise  would  be  avoided  and  averted  if  the 
carriers  would  invite  one  representative  of  the  State  com- 
missions and  one  representative  of  shippers  from  each 
classification  territory,  together  with  one  representative 
of  the  Interstate  Commerce  Commission,  to  sit  with  the 
committee,  without  vote  and  of  course  without  expense  to 
the  carriers,  for  the  purpose  of  presenting  to  the  committee 
views  of  their  constituents  on  certain  phases  ot  the  work 
and  of  keeping  their  several  principals  informed  as  to  the 
general  progress  of  the  work,  while,  at  the  same  time, 
equipping  themselves  to  give  needed  and  dependable  ad- 
vice to  their  principals  with  regard  to  the  work  as  a  whole 
or  with  regard  to  certain  features  of  it  when  such  work 
or  such  features  come  up  for  final  adoption.  We  believe 
that  wherever  it  has  been  tried  the  policy  of  intelligent, 
fair-minded  representatives  of  contending  parties  sitting 
down  together  to  a  temperate  exchange  of  views  has  been 
found  profitable  and  to  make  for  substantial  progress  and 
to  greatly  reduce  misunderstandings  as  to  purpose,  policy 
and  facts. 

It  may  be  anticipating,  but  a  study  of  this  work  leads 
to  the  thought,  it  not  to  the  conviction,  that  uniformity  In 
classification  can  perhaps  only  be  reached  by  resort  In 
some  Instances  to  additional  commodity  rates.  It  Is,  of 
course,  possible  that  uniformity  of  classification  may  ren- 
der some  existing  commodity  rates  no  longer  necessary. 
In  the  different  classification  territories,  in  consideration 
of  the  interests  of  the  carriers  and  of  shippers  or  jobbers 
served  by  them,  many  provisions  have  been  made  for 
certain  specified  mixtures  in  carloads.  Those  mixtures 
vary  according  to  the  needs  as  they  are  seen  in  the  differ- 
ent classification  territories,  and  doubtless  it  will  some- 
times be  found  that  a  change  In  the  mixture  involves  the 
interests  of  manufacturers  or  jobbers  who  ship  in  straight 
carloads. 

Your  committee  does  not  wish  to  be  understood  as  sug- 
gesting that  uniform  classification  is  Impossible,  but  we 
do  suggest  that,  as  has  been  found  by  us,  the  work  Is  of 
much  greater  magnitude  than  was  at  first  thought  by 
anyone,  no  matter  how  conversant  he  may  have  been  with 
such  matters. 

We  do  not  see  occasion  for  recommending  further 
legislation  on  this  subject.  As  has  been  said,  we  believe 
that  more  progress  will  be  mad'e  by  an  earnest  and  in- 
dustrious continuance  of  the  effort  that  is  now  being  made 
and  upon  which  so  much  has  already  been  done.  We 
think  that,  as  has  been  indicated,  the  Interest  in  this  sub- 
ject should  not  be  permitted  to  lag  and  that  if  continued 
and  substantial  progress  is  not  made  by  those  who  now 
have  the  work  in  hand  It  must  be  undertaken  in  a  vigor- 
ous way  by  others.  We  recommend  that  this  association 
continue  a  committee  on  this  subject. 

SIMPLIFICATION    OF    TABIFFS. 

When  the  question  of  simplification  of  railroad  tariffs 
was  first  taken  up  there  was  sore  need  for  vast  Improve- 
ment. The  number  ot  tariffs  was  great  and  they  were 
prepared  In  accordance  with  the  personal  views  of  differ- 


Peoceedixgs  of  the  Twenty-Third  Annual  Convention 


65 


eat  agents  and  chiefs  of  tariff  bureaus,  each  of  whom 
pursued  the  simplest  and  most  direct  cut  as  appeared  to 
him  in  the  direction  of  what  he  desired  to  do. 

The  practice  of  issuing  tariffs  covering  wide  territory 
and  applicable  to  large  volumes  of  traffic  through  joint 
agencies  has  been  followed  for  a  long  time.  Those  tariffs 
were  originally  prepared  along  lines  adopted  by  each 
agency,  and  the  agents  of  carriers  and  the  shippers  In  the 
several  districts  covered  by  those  tariffs  have  grown  ac- 
customed  to   the   form   generally   used   In   tiiose   districts. 

A  careful  study  of  the  situation  leads  loathe  convic- 
tion that  it  would  be  more  harmful  than  helpful  if  a  speci- 
fied form  of  tariff  were  prescribed  for  use  by  all  carriers 
In  the  different  sections  of  the  country.  As  an  example 
It  may  be  pointed  out  that  the  so-called  transcontinental 
tariffs  Issued  by  the  Transcontinental  Freight  Bureau  cover 
an  enormous  territory,  and  of  course  apply  to  a  great  vol- 
ume of  trjifflc.  They  are  prepared  in  form  specially 
adapted  to  the,  peculiarities  of  the  territory  covered  and 
of  the  traffic.  That  form  would  not  adapt  Itself  at  all 
readily  or  satisfactorily  to  widely  different  conditions  of 
territory  and  traffic,  and  at  the  same  time  a  plan  which 
would  adapt  itself  to  another  situation  would  greatly  In- 
crease the  volume  and  intricacy  of  the  transcontinental 
tariffs. 

Steady  and  substantial  progress  in  the  simpliflcation 
of  tariffs  has  been  apparent  all  along  in  recent  years  and 
is  apparent  to-day.  There  Is  yet  much  room  for  Im- 
provement, but  your  committee  is  not  prepared  to  recom- 
mend the  adoption  of  a  uniform  form  of  tariffs  for  the 
railroads  of  the  United  States. 

We  think  that  it  would  contribute  much'  to  simplifica- 
tion and  be  very  desirable  if  each  road  would  arrange  all 
of  its  commodity  rates  upon  the  same  commodity  In  one 
tariff.  This  suggestion,  however,  is  not  Intended  to  ex- 
tend to  large  systems  of  road  made  up  of  important  in- 
dependent roads,  which  systems  pursue  the  policy  of  is- 
suing tariffs  through  several  tariff  offices  covering  different 
traffic  territories.  But  even  in  such  instances  it  would  be 
most  desirable  if  all  of  the  carriers'  commodity  rates  upon 
the  same  commodity  between  points  in  the  territory  cov- 
ered by  that  tariff  or  that  tariff-issuing  agency  were  in- 
cluded In  one  tariff.  There  is  a  reasonable  limit  beyond 
which  the  carrier  should  not  go  in  the  multiplicity  of  Its 
tariffs,  and  there  is  a  reasonable  limit  to  the  amount  of 
matter  that  should  be  included  In  one  tariff. 

We  think  that  this  subject  should  be  one  of  continued 
and  active  interest  on  behalf  of  this  association,  and  for 
that  reason  we  think  that  a  committee  on  the  subject 
should  be  maintained. 

Edoab  E.  Clabk,  Chairman. 
Martin  S.  Decker, 
Halford  Erickson, 

WlLLI.^M   KiLPATRICK, 

Chas.  E.  Elmqxjist, 
DwiGHT  N.  Lewis. 

mimorandum  of  c.  c.  m'cain  on  uniform  classification. 

October  27,  1911. 
Hon.  E.  E.  Clark,  Chairman,  Uniform  Classification  Com- 
mittee, National  Association  of  Railway  Commissioners, 
Washington,  D.  C. 

Dear  Sir: — Conforming  to  assurances  given  to  the  uni- 
form classification  committee  of  the  National  Association 
of  Railway  Commissioners,  at  the  conference  on  September 
21,  we  submit  herewith  a  memorandum  outlining  the 
formative  action  of  the  railways  with  respect  to  their 
"committee  on  uniform  classification,"  the  plans  of  the 
committee,  some  of  the  difficulties  that  have  been  en- 
countered, the  work  accomplished,  and  the  prospects  for 
further    advance    toward    classification    uniformity: 

Four  years  ago  the  present  attempt  to  secure  uniformity 
In  the  freight  cIass\^ation  was  instituted  and  the  carriers 
appointed  a  committee  to  thoroughly  investigate  and  report 
upon  the  question.  That  committee,  after  several  months' 
continuous  work,  concluded  that  as  to  rules,  descriptions 
or  articles,  packing  requirements  and  minimum  carload 
weights,  uniformity  was  possible  of  attainment;  that  uni- 
formity in  these  respects  when  accomplished  would  repre- 
sent material  improvement  in  classification  conditions; 
that  such  uniformity  must  in  any  event  be  accomplished 
before  uniform  classification  ratings  can  be  adopted;  and 
that  a  committee  should  be  created  whose  exclusive  work 
It  should  be  to  prepare  the  uniform  rules,  descriptions  of 


articles,  packing  requirements  and  minimum  carload 
weights.  An  "executive  committee"  of  twenty-one  execu- 
tive traffic  officers  was  appointed  by  the  carriers  of  the 
United  States  to  supervise  the  work,  and  that  commltte* 
selected  nine  traffic  men,  to  be  known  as  the  "working 
committee,"  whose  duties  were  to  make  individual  investi- 
gation and  to  formulate  conclusions  on  first-hand  informa- 
tion, devoting  their  entire  time  to  the  work. 

At  the  inception  of  the  work  it  was  thought  that  it 
could  be  completed  in  a  comparatively  short  time.  It 
has  since  become  evident  that  sound  conclusions  in  a 
great  number  of  confiicting  matters  could  only  be  reached 
by  by  a  thorough  understanding  of  conditions  surround- 
ing the  origin  and  movement  of  the  traffic,  and  this  In- 
volved much  more  investigation  than  was  originally 
thought  necessary. 

After  devoting  many  months  to  the  consideration  of 
appropriate  rulings  and  descriptions  vinder  these  modi- 
fied conditions,  it  was  suggested  to  the  carriers  that  the 
interests  of  the  public  would  be  served  by  incorporating 
the  result  of  the  committee's  work  in  the  current  classifi- 
cations, and  that  the  further  recommendations  of  the  com- 
mittee should  be  also  incorporated  from  time  to  time  In 
these  publications,  to  the  end  that  uniformity,  so  far  as 
possible,  might  be  gradually  effected.  The  wisdom  of 
these  suggestions  was  recognized  and  the  working  com- 
mittee was  directed  to  submit  Its  recommendations  from 
time  to  time  for  consideration  and  adoption,  so  far  as 
I)racticable,  by  the  respective  territorial  classification 
committees. 

A  very  large  number  of  classification  rules  and  de- 
scriptions, with  the  packing  requirements  and  minimum 
carload  weights  therefor,  were  submitted  by  the  working 
committee  to  the  several  territorial  classification  commit- 
tees. As  all  of  these  directly  or  indirectly  Involved  some 
modification  of  current  classification  conditions,  the  sev- 
eral territorial  classification  committees  considered,  under 
their  rules,  such  matters  with  great  care  before  recom- 
mending to  the  carriers  members  of  their  committees  the 
adoption,  in  wiiole  or  in'  part,  of  the  changes  submitted 
by  the  working  committee. 

The  volume  of  work  has  been  enormous,  which  will  be 
partially  shown  by  the  appearance  in  the  Official,  South- 
ern, and  Western  Classification  Issues  early  In  1912  of 
approximately  two  thousand  revised  items  of  uniform  de- 
scriptions, and  it  is  believed  that  each  succeeding  classi- 
fication issue  thereafter  will  include  an  additional  number 
of  uniform   descriptions. 

It  should  be  observed  that  an  Important  feature  of  this 
work  which  has,  in  a  measure,  retarded  its  progress,  is 
the  practice  of  the  territorial  classification  committees  of 
submitting  lo  the  interested  public  proposed  changes  in 
the  several  classifications  before  their  incorporation 
therein,  rendering  necessary  further  investigation,  confer- 
ences, and  certain  modifications. 

It  is  the  practice  of  the  working  committee  to  confer 
with  directly  interested  shippers  respecting  matters  on 
which  any  question  arises,  as  to  the  facts,  to  seek  their 
advice  and  invite  suggestions  concerning  proposed  re- 
vised or  new  descriptions.  Where  organizations  of  par- 
ticular industries  are  known,  an  endeavor  is  made  to 
obtain  through  such  organizations  the  fullest  Information 
available.  Conferences  are  frequently  held  with  repre- 
sentatives of  such  organizations,  or  recourse  is  had  to 
correspondence  with  the  object  of  obtaining  all  possible 
information. 

It  has  been  found  that  an  Important  feature  of  the 
entire  work  Is  the  question  of  minimum  carload  "weights 
to  govern  owing  to  the  varying  character  of  equipment, 
the  diversity  of  forms  of  traffic  offered  for  transportation 
and  the  variation  in  commercial  conditions  in  the  several 
classification  territories. 

The  recommendations  so  far  made,  including  those 
adopted,  are  the  result  of  reconstruction  necessary  to  the 
attainment  of  uniformity  in  the  three  classifications,  the 
establishment  of  uniform  minimum  carload  weights  and 
making  clear  the  many  indefinite  descriptions  now  observed 
in  each,  to  meet  the  principles  of  uniformity  governing  the 
entire  work. 

The  work  has  been  and  will  be  diligently  pursued,  and 
it  is  difficult  to  predict  when  the  same  will  be  completed. 
Very  respectfully, 

C.  C.  McCain,  Chairman. 
Executive  Comviittee  on  Uniform  Classification. 


66 


National  Association  of  Eailway  Cojimissioxers 


Mr.  Lewis  (continuing).  I  am  informed  by  Mr.  Clark 
that  he  received  no  response  to  several  letters  sent  to 
Commissioner  O.  D.  Hudnall,  of  Texas,  so  his  name  has  not 
been  appended  to  the  report. 

I  move  that  the  report  be  adopted. 

Mr.  McKnight,  of  Arkansas.  Just  one  word  In  regard 
to  this  classification  proposition,  in  order  that  it  may  be  of 
some  benpfit  to  the  next  committee. 

We  have  a  condition  like  this:  Every  once  in  a  while 
we  find  that  the  railroads  will  misconstrue  a  classification 
in  order  that  they  may  jump  a  rate  almost  double.  Re- 
cently we  had  a  case  like  this:  Out  there  our  State  tariff 
provided  that  fruit  and  vegetable  packages  without  handles 
should  carry  a  certain  tariff,  and  fruit  and  vegetable  pack- 
ages with  handles  should  carry  another  tariff.  A  man 
comes  along  with  a  carload  of  packages  with  little  wire 
attachments  that  do  not  prevent  the  packages  being  packed 
close  together.  These  little  handles  were  construed  by 
the  railroad  company  to  mean  packages  with  handles. 
Therefore  there  was  great  contention  as  to  the  rate  that 
should  be  charged  on  that  class  of  package. 

Now,  the  question  is  the  clearing  up  of  that  point  as 
to  their  being  packages  with  handles  or  without  handles. 
As  a  matter  of  course,  when  this  was  brought  to  the  atten- 
tion of  the  commission,  our  commission  ruled  at  once  that 
this  package  was  not  included  in  the  package  which  was 
construed  by  the  tariff  to  have  handles  which  would  be  in 
the  way  of  packing  these  packages  together  in  close  bun- 
dles. Another  point:  In  the  brick  tariff  there  were  two 
provisions,  one  saying  that  pressed  brick  should  be  at  one 
rate  and  the  other  saying  that  common  brick  should  move 
at  a  different  rate.  In  recent  years  the  old  system  of 
making  brick  has  practically  gone  out  of  use  and  all  brick 
are  now  practically  pressed  brick.  The  next  thing  we 
knew  they  were  jumping  all  the  rates  on  brick  under  the 
pressed-brick  rule.  Therefore,  they  had  raised  the  trans- 
portation price  of  brick  on  a_hundred  miles  by  2  to  3V4 
or  4  cents  in  that  one  classification.  Just  to  show  you 
how  to  get  rid  of  these  technicalities:  A  list  that  covers 
any  classification  as  it  is  filed  to-day  is  often  incomplete. 
Recently  we  had  to  fill  in  a  good  many  of  these  places  in 
our  local  tariff,  and  I  find  it  also  true  as  regards  the  inter- 
state tariff,  the  long  distance  tariff.  These  classifications 
are  not  perfect  enough  to  cover  all  the  articles  moving 
under  that  one  head,  and  to  put  them  all  in  there  makes  it 
very  burdensome. 

The  question  I  wanted  to  get  at,  gentlemen,  is  this: 
How  are  you  to  get  rid  of  these  misunderstood  features  of 
the  tariff?  In  the  first  place,  to  make  the  tariffs  more 
clearly  understood,  so  that  the  shipper  might  know  under 
what  class  are  included  this  handle  basket  and  this  pressed 
brick  and  these  articles  that  are  left  out  that  should 
go  in  certain  tariffs.  I  will  show  you  by  illustration  wliat 
I  mean:  Cowpeas  in  the  tariff  that  we  had  up  recently,  that 
I  mentioned,  were  left  out.  They  were  in  a  flour  tariff. 
They  were  also  found  in  another  section  of  an  interstate 
tariff  to  be  in  the  vegetable  classification. 

Now,  the  question  was  whether  cowpeas  belonged  where 
they  were  on  the  interstate  classification  in  the  fiour  tariff, 
and  in  the  State  tariff  in  the  vegetable  tariff,  and  getting 
the  two  tariffs  so  that  they  would  move  satisfactorily  and 
BO  that  an  interstate  and  State  shipment  might  move 
under  the  same  class  of  tariffs.  We  ruled  in  that  case 
that  they  were  a  vegetable,  which  raised  the  rate  on  car- 
load shipments  practically  and  decreased  the  rate  on  local 
shipments.  It  had  the  effect  of  raising  the  rate  on  carload 
shipments  and  decreasing  it  in  local  shipments.  So  the 
question  was  that  of  simplifying  these  tariffs. 

The  President.  The  question  is  upon  the  adoption  ot 
the  report. 

The  motion  was  carried. 

SPECIAL  OBDEB  FOB  CONSIDEKATION  OF  TIME  AND  PLACE  OF  NEXT 
MEETING. 

Mr.  Staples,  of  Minnesota.  I  would  like  permission  to 
make  a  motion  pertaining  to  the  time  and  place  of  next 
meeting. 

I  have  not  consulted  any  person  particularly  and  no 
member  of  that  committee,  but  it  appears  to  me  that  it 
would  be  very  desirable,  on  a  subject  so  Important  as 
that  of  determining  the  time  and  place  for  the  holding  of 
our  next  convention,  that  it  ought  to  be  considered  at  a 
time  when  all  members  are  present. 

And  with  the  object  of  having  all  members  present,  I 


think  it  wise  to  give  notice  at  this  time,  and  I  propose  thi 
motion,  that  the  matter  of  acting  upon  the  report  of  thai 
committee  be  made  a  special  order  for  3  o'clock  to-morrow 
afternoon,  which,  it  seems  to  me,  would  be  an  hour  when 
everybody  could  be  present,  and  they  would  have  notice 
of  the  intention  of  the  convention  to  pass  upon  the  question 
at  that  time.     I  will  make  that  motion. 

The  motion  was  carried. 

Upon  motion,  at  4:35  o'clock  p.  m.,  the  convention  ad 
Journed  until  to-morrow  morning.  Thursday,  October  12, 
1911,  at  10  o'clock. 


PROCEEDINGS  OF  THE  THIRD  DAY. 
Washington,  D.  C,  Thursday,  October  12,  1911. 


1 


Met  at  10  o'clock  a.  m.,  pursuant  to  adjournment 
yesterday,  President  R.  Hudson  Burr  presiding. 

Mr.  Finn,  of  Kentucky.  In  presenting  the  report  of  the 
committee  on  legislation  I  desire  to  make  the  following, 
statement  in  explanation:  The  members  of  the  committee 
on  legislation  as  appointed  by  the  Chair  have  not  attended 
this  convention,  several  of  them  at  least,  which  necessitated 
the  filling  of  the  committee  by  the  Chair  at  this  present 
session.  Therefore  we  have  not  had  an  opportunity  to  con- 
fer upon  this  report,  so  that  the  Chair  could  be  in  a  posi- 
tion and  prepared  to  say  that  it  is  the  result  of  concert  of 
action  and  of  a  conference. 

However,  some  members  of  the  committee — I  will  be 
pardoned  if  I  refer  to  my  friend,  Mr.  Hill  of  Georgia — 
have  been  solicited  strenuously  by  the  chairman  to  present 
some  features  that  should  be  incorporated  in  this  report. 
My  efforts  have  been  futile.  This  report  does  not  bind 
any  member  of  the  committee;  neither  does  it  bind  the 
chairman. 

REPORT  OF  COMMITTEE  O.N'  LEGISLATION. 

The  purpose  of  legislation,  both  State  and  Federal,  for 
the  regulation  of  railroad  corporations,  prescribing  their 
duties  to  the  public,  is  to  secure  equality  of  opportunity 
and  privileges  to  shippers  and  communities,  thus  eliminat- 
ing unjust  discrimination,  and  to  guarantee  to  the  public 
the  reasonable  use  of  the  carriers'  property  in  the  trans- 
portation of  goods  and  passengers  for  a  fair  and  reasonable 
compensation.  Railroad  corporations,  while  fostered  by 
private  capital,  have  been  the  beneficiaries  of  the  public 
bounty — national.  State,  county,  and  municipal.  Though 
owned  by  private  individuals  they  are  created  by  the  public 
for  the  public  good,  and  it  must  always  be  borne  in  mind 
that  the  creatures  are  subject  to  the  creator.  Every  step 
in  the  regulation  of  these  agencies  of  commerce  has  met 
with  bitter  opposition.    A  Kentucky  jurist  once  said: 

Since  Adam's  first-born  dyed  his  hands  in  his  brother's 
blood,  self-interests  have  warpod  and  controlled  human  judg- 
ment. However  faithful  and  honest  railroad  managers  may 
be,  they  necessarily  look  first  to  the  Interests  of  those  they 
serve  and  no  principle  of  constitutional  law  Is  violated  when 
the  State,  whlcTi  has  created  these  agencies  for  the  public 
service,  creates  an  impartial  tribunal  to  prevent  their  great 
powers  from  being  used  to  build  up  certain  favored  ones  at 
the   expense   of   others. 

And  the  incentive  to  practice  extortion  is  equally  as 
great,  if  not  more  so,  as  to  practice  discrimination. 

While  legislation,  both  State  and  Federal,  administered 
through  State  and  Federal  commissions,  has  resulted  in 
much  benefit  to  the  public  and  in  many  lines  to  railroad 
corporations,  it  is  still  the  endeavor  of  some  railroad  inter- 
ests through  current  literature  to  create  the  impression 
that  whatever  reduction  the  railroad  companies  have  made 
in  freight  rates  has  been  the  voluntary  act  of  railroad  trafiSc 
managers,  due  to  economic  conditions  which  will  ever  be 
present  to  guarantee  to  the  public  that  which  is  just  and 
right,  and  that  government  regulation  has  had  little  or 
nothing  to  do  with  reduction  in  freight  rates.  As  illus- 
trative of  this  I  quote  from  an  article  recently  published  by 
the  Railway  Age  Gazette.  On  page  52  of  this  pamphlet  we 
read. 

The  average  rate  per  ton  per  mile  in  the  United  States 
in  1870  was  18.89  mills.  In  1887,  when  the  interstate  commerce 
act  was  passed,  it  had  been  reduced  to  9.84  mills,  or  52  per 
cent.  Between  1887  and  1906,  in  which  latter  year  the  Hepburn 
Act  went  into  effect,  it  declined  from  9.84  mills  to  7.48  mills, 
or  24  per  cent.  Government  regulation  had  no  hand  in  the 
great  and  innumerable  reductions  prior  to  1887  reflected  1ft  the 
decline  In  the  averacre  rate.  They  were  made  by  the  traffic 
managers  of  the  railways.  It  had  very  little  hand  in  the 
great  and  innumerable  reductions  In  the  period  1887-1906. 
Practically    all     were     made    by    the     traffic    managers       The 


Proceedings  of  the  Twenty-Third  Annual  Convention 


67 


traffic  managers  voluntarily  made  these  reductions  for  two 
reasons:  First,  each  of  them  sought,  by  lowering  his  rates, 
to  capture  business  from  competitors.  Competitive  rate  mak- 
ing has  now  been  greatly  reduced,  although  not  wholly  elimi- 
nated, by  railway  combinations  and  consolidations  and  by 
legislation  requiring  the  roads  to  publish  all  their  rates  and  to 
give  extended  notice  of  proposed  changes.  The  second  reason 
why  the  traffic  managers  reduced  rates  was  that  they  hoped 
thereby  to  develop  so  much  additional  traffic  that  the  net  re- 
turns from  it  on  the  lower  rates  would  exceed  the  net  returns 
from  a  smaller  traffic  on  the  higher  rates.  Often  this  hope  was 
disappointed;  then,  whenever  practicable,  the  old  rates  were 
restored.  The  desire  to  increase  earnings  is  Just>^4>  prevalent 
and  strong  to-day  as  ever;  and  the  traffic  managers  still  mani- 
fest it  not  only  by  raising  the  rates  on  commodities  the 
volume  of  whose  movement  they  think  will  thereby  be  largely 
Increased,  but  they  seek  constantly  to  make  that  adjustment 
which  will  yield  the  railway  the  largest  permanent  return,- and 
they  know  that  in  the  long  run  they  will  get  the  largest  return 
bv  making  no  rates  that  are  lower  and  none  that  are  higher 
than  the  traffic  easily  can  bear.  The  enormous  Increase  of 
traffic  shows  that,  as  a  whole,  the  rates  of  American  railways 
are  not  burdensome  to  commerce,  but  are  admirably  adapted  to 
foster  its  growth. 

The  traffic  manager's  position  Is  "the  traffic  moves, 
therefore  the  rate  Is  not  burdensome."  They  further  main- 
tain, with  much  persistency,  that  the  art  of  rate  making 
cannot  be  reduced  to  a  science;  that  rate  making  Is  an 
Intuitive  accomplishment  possessed  by  those  In  the  actual 
employment  of  railroad  corporations.  To  quote  an  expres- 
sion as  Indicative  of  their  position:  "The  economist  cannot 
look  at  this  subject  from  exactly  the  same  point  of  view 
as  the  railway  officer." 

On  the  contrary  It  Is  the  position  of  those  learned  In  the 
school  of  economics  and  skilled  by  many  years  in  the  care- 
ful study  of  railway  problems  that  the  art  of  rate  making 
can  be  and  will  be  reduced  to  a  science.  Not  that  the 
task  Is  easy,  but  fully  aware  that  the  problem  Is  Intricate 
and  that  most  every  condition  which  may  exist  necessary  to 
warrant  a  given  result  in  one  particular  case  will  scarcely 
find  an  exact  parallel  to  warrant  the  same  result  In  another 
case. 

The  legislative  committee  was  directed  by  the  executive 
committee  to  confer  with  the  various  State  commissions 
with  a  view  of  securing  greater  uniformity  of  State  laws 
In  which  uniformity  appeared  to  be  desirable.  This  com- 
mittee has  been  unable  to  secure  sufficient  Information  to 
warrant  a  report  upon  many  subjects  upon  which,  as  we  ar« 
advised,  there  should  be  uniformity  In  State  laws. 

Subjects  have  been  heretofore  discussed  by  this  con- 
vention in  which  uniformity  of  action  Is  manifestly  needed 
among  the  different  States.  We  suggest  as  important  the 
matter  of  State  taxation.  As  is  well  known,  there  Is  no 
uniformity  along  this  line.  By  concert  of  action  the  taxes 
paid  by  railroad  corporations  to  the  various  States  should 
be  apportioned  upon  an  equitable  basis.  This  basis  must 
be  worked  out  with  a  great  deal  of  care,  pains,  and  labor, 
and  when  the  committee  has  only  had  the  opportunity  to 
discuss  the  question  for  a  few  hours  it  is  manifest  that 
sufficient  time  and  attention  cannot  be  given  to  this  impor- 
tant subject.  First,  it  will  be  remembered  that  whatever 
amount  of  taxes  a  railroad  corporation  pays  that  In  the 
end  the  general  public  foots  the  bill.  So  in  the  last  an- 
alysis It  Is  not  so  much  of  Importance  how  much  taxes  a 
railroad  corporation  pays,  but  it  is  important  from  a  stand- 
point of  justice  that  in  the  distribution  of  the  taxes  paid 
by  a  railroad  corporation  traversing  several  States  each 
State  should  receive  no  more  than  its  proportionate  part 
of  the  revenue  collected  from  the  general  public  to  liquidate 
this  expense. 

It  would  seem  that  an  equitable  distribution  could  be 
accomplished  if  the  taxes  were  distributed  between  the 
several  States  upon  considering  the  following  facts  as  ma- 
terial as  a  basis  of  distribution:  First,  the  actual  cost  of 
all  terminal  facilities  and  depot  structures  and  present 
physical  condition;  second,  the  gross  earnings;  third,  the 
net  earnings;  fourth,  the  number  of  miles  of  track.  By 
considering  all  these  elements  a  basis  of  distribution  could 
be  arrived  at  which  might  not  be  exactly  accurate,  but 
which  would  be  fairly  reasonable. 

The  legislative  committee  was  directed  by  the  executive 
committee  to  recommend  that  this  convention  adopt  a  reso- 
lution declaring  that  this  convention  should  use  Its  In- 
fluence to  secure  the  passage  of  a  Federal  law  defining 
the  duties  and  jurisdiction  of  the  Federal  courts,  so  that 
all  cases  involving  the  construction  of  State  laws  relative 
to  the  regulation  of  freight  rates  and  the  constitutionality 
of  State  laws  defining  the  powers  and  duties  of  railroad 
commissions  shall  first  be  tried  in  the  State  courts  before 
Federal  jurisdiction  attaches. 


The  legislative  committee  also  was  directed  to  secure 
concert  of  action  upon  the  part  of  the  officials  of  the 
various  States  wherein  pending  litigation  exists  which 
threatened  to  destroy  the  power  of  the  State  commission  to 
regulate  their  intrastate  rates.  We  were  hampered  in  this 
endeavor  by  reason  of  the  fact  that  we  could  not  secure 
the  proper  data  upon  which  to  begin  our  labor  to  ac- 
complish the  end  suggested. 

We  indorse  the  suggestion  made  by  the  Hon.  C.  C. 
McChord,  now  of  the  Interstate  Commerce  Commission, 
but  then  president  of  the  National  Railway  Commissioners' 
Association,  who  in  addressing  this  convention  said: 

Kach  State  commission  should  furnish  tor  the  Interstate 
Commerce  Commission  copies  of  its  orders  fixing  rates  and  of 
their  opinions  as  they  are  rendered,  especially  as  the  Inter- 
state Commerce  Commission  shows  each  State  a  like  cour- 
tesy. 

There  should  be  a  central  point  for  the  repository 
of  all  Buch  matters;  and  petitions,  responses,  and  briefs 
upon  both  sides  of  all  important  questions  at  least  should 
be  sent  to  some  department  so  that  information  can  be 
easily  ascertained  concerning  litigation  existing  In  the 
various  States. 

Our  Instructions  from  the  executive  committee  Indicate 
the  vital  Importance  of  the  cases  which  will  be  discussed 
before  the  Supreme  Court  of  the  United  States — the  Minne- 
sota rate  case  and  the  Kentucky  rate  case.  The  Importance 
of  the  questions  involved  is  manifest,  and  it  is  encourag- 
ing to  note  that  they  are  realized  to  be  of  such  consequence 
that  at  a  recent  governors'  convention  a  committee  was 
appointed  to  intervene  before  the  Supreme  Court  of  the 
United  States  in  a  plea  of  protest  against  judicial  sanction 
(of  the  proposition)  that  the  State  authorities  shall  not 
have  the  power  to  regulate  their  intrastate  rates.  The 
proposition  cannot  be  magnified  in  point  of  seriousness, 
for  if  the  Supreme  Court  sustains  the  position  taken  by 
Judge  Sanborn  our  scheme  of  government,  which  has 
existed  In  Its  dual  capacity  for  more  than  a  century  and 
a  quarter,  will  be  but  an  historic  Incident,  and  the  genius 
of  those  who  fashioned  our  form  of  government  will  be 
discredited. 

It  is  not  out  of  place  for  this  convention  to  enter  its 
protest  against  such  an  unwarranted  position.  There  la 
no  condition  existing  In  the  commercial  world  which 
threatens  the  destruction  of  railroad  property  either  by 
State  or  Federal  Government  justifying  railroad  companies 
or  courts  to  conclude  that,  at  present  at  least,  railroad  cor- 
porations are  not  receiving  at  the  hands  of  the  State  as 
well  as  the  Federal  commission  a  careful,  earnest,  studious, 
intelligent,  and  unbiased  consideration  of  all  questions  af- 
fecting the  interests  of  railroad  corporations  and  the  gen- 
eral public.  And  without  fear  of  successful  contradiction 
it  can  be  declared  in  truth  that  the  present  Interstate 
Commerce  Commission  is  composed  of  men  whose  per- 
sonnel is  the  equal  of  any  official  body  In  America,  whose 
characters  are  above  reproach,  and  in  attempting  to  make 
rules  and  regulations  for  the  great  arteries  of  commerce, 
which  are  susceptible  of  being  a  greater  blessing  to  the 
people  of  this  nation  than  any  other  character  of  com- 
mercial enterprise,  they  have  brought  to  bear  the  elements 
which  comprise  the  highest  type  of  judicial  learning  and 
executive  ability,  coupled  with  almost  superhuman  diligence 
in  delving  Into  the  intricate  problems  which  they  have 
to  solve,  with  no  other  motive  than  to  arrive  at  conclusions 
absolutely  just  and  fair.  With  this  spirit  upon  the  part 
of  the  National  commission  and  a  similar  spirit  on  the 
part  of  State  commissions,  and  with  the  Commerce  Court 
created  to  review  the  decisions  of  the  Interstate  Commerce 
Commission,  and  the  right  of  appeal  to  State  and  Federal 
courts,  and  with  State  and  Federal  courts  ever  ready  to 
check  by  restraining  order  any  decision  of  the  State  com- 
mission which  may  reduce  a  rate  so  low  as  to  threaten 
confiscation,  nothing  exists  now,  or  will  ever  exist,  that 
will  necessitate  the  abolition  of  our  present  form  of  gov- 
ernment in  order  to  protect  railroad  companies  in  their 
constitutional  rights.  Nor  do  we  anticipate  that  any 
serious  conflict  will  ever  arise  between  the  State  commis- 
sion and  the  Interstate  Commerce  Commission.  We  have 
grown  to  know  that  only  by  concert  of  action  can  things 
that  are  worth  while  be  accomplished.  We  also  know 
that  whatever  the  Interstate  Commerce  Commission  en- 
deavors to  do,  that  It  win  do  so  well  and  with  such  care 
and  justice  that  each  State  Is  willing  to  rely  upon  Its  find- 
ing.    Neither  does  the   Interstate  Commerce  Commission 


68 


Xatioxal  Association  of  Railway  Commissioners 


desire,  directly  or  indirectly,  to  encroach  upon  any  of  the 
functions  of  the  State  commission. 

It  was  the  Hon.  Martin  A.  Knapp,  at  one  time  chairman 
of  the  Interstate  Commerce  Commission,  now  presiding 
judge  of  the  Court  of  Commerce,  who  said  in  addressing 
this  convention: 

The  Influence  of  a  body  of  oflicials  like  this  must  In  any 
case  be  very  far-reaching.  Your  general  attitude  toward  this 
Question,  the  intelligence  and  thoughtfulncss  which  you  bring 
to  the  discharge  of  your  duties,  must  in  turn  reflect  upon 
public  opinion,  and  you  have  therefore  the  opportunity  through 
your  influence  one  way  and  another  to  affect  public  senti- 
ment and  cultivate  that  spirit  of  consideration  and  mutual 
helpfulness  which  finds  its  expression  in  the  greatest  possible 
degree  of  uniform  action  and  of  administration.  I  do  not 
need  to  tell  you  that  the  members  of  the  Interstate  Com- 
merce Commission  are  so  far  from  desiring  to  encroach  upon 
the  field  occupied  by  the  State  commissions  as  rather  to  desire 
that  each  of  them  may  have  full  opportunity  for  the  exer- 
cise of  their  legitimate  functions  and  that  they  be  In  accord 
not  only  with  each  other  but  with  the  work  In  which  the 
Federal  commission  is  engaged.  That  Is  the  spirit,  it  seems 
to  me,  which  should  guide  the  deliberations  of  this  body  at 
this  time.  That  spirit,  I  am  sure,  will  pervade  all  Its  mem- 
bers and  bring  about  very  Influential  and  useful  results  from 
this  annual  meeting. 

In  the  presentation  of  the  Minnesota  case  and  the 
Kentucky  case  to  the  Supreme  Court  of  the  United  States 
there  are  several  questions  which  have  become  acute,  and 
a  discussion  of  these  questions  by  this  convention  may  re- 
sult in  some  character  of  action  taken  or  recommended 
which  may  assist  materially  in  solving  these  questions. 

The  first  question  of  importance,  as  has  been  hereto- 
fore suggested,  is:  Shall  State  commissions  and  legisla- 
tures continue  to  have  the  power  to  regulate  their  intra- 
state rates,  or  will  the  Supreme  Court  declare  that  the 
regulation  of  an  intrastate  rate  is  an  interference  with 
commerce  among  the  States  and  therefore  void  because 
the  company,  either  through  policy  or  for  business  reasons 
deems  it  necessary  to  change  an  interstate  rate  to  meet 
the  changed  condition  brought  about  by  the  lowering  of 
an  intrastate  rate? 

Second.  Upon  what  basis  shall  the  reasonable  value  of 
the  property  devoted  to  the  public  use  be  ascertained  when 
the  court  has  declared  in  Smyth  v.  Ames  (169  U.  S.  546), 
opinion  by  Mr.  Justice  Harlan: 

We  hold,  however,  that  the  basis  of  all  calculations  as  to 
the  reasonableness  of  rates  to  be  charged  by  a  corporation 
maintaining  a  highway  In  legislative  sanction  must  be  the 
fair  value  of  the  property  being  used  by  it  for  the  con- 
venience of  the  public,  and  in  order  to  ascertain  that  value 
the  original  cost  of  construction,  the  amount  expended  In 
terminal  improvements,  the  amount  and  market  value  of  its 
bonds  and  stocks,  the  present  as  compared  with  the  original 
cost  of  construction,  the  probable  earning  capacity  of  the 
property  under  particular  rates  prescribed  by  statute,  and  the 
sum  required  to  meet  operating  expenses  are  all  matters  for 
consideration,  and  are  to  be  given  such  weight  as  may  be  just 
and  right  in  each  case.  We  do  not  say  that  there  may 
not  bs  other  matters  to  be  regarded  In  estimating  the  value 
of  the  property.  What  the  company  is  entitled  to  ask  is  a  fair 
return  upon  the  value  of  that  which  it  employs  for  the  public 
convenience.  On  the  other  hand,  what  the  pulDlIc  Is  entitled  to 
demand  is  that  no  more  be  exacted  from  it  for  the  use  of  a 
public  highway  than  the  services  rendered  by  it  are  reason- 
ably worth. 

The  measure  of  return  to  the  company  is  a  fair  return 
upon  the  value  of  the  property  devoted  to  public  use.  The 
measure  of  the  amount  to  be  paid  by  the  public  is  that 
amount  which  is  a  reasonable  compensation  for  the  services 
rendered.  If  both  statements  are  to  have  equal  force, 
then  there  must  always  be  an  equality  of  relationship 
BO  far  as  value  is  concerned  to  the  amount  of  the  return 
upon  the  property  used  by  the  public  and  the  amount  paid 
by  the  public,  which  is  a  sum  based  upon  the  services 
rendered  and  which  equals  the  reasonable  worth  of  those 
services. 

Again,  it  is  declared  in  the  case  of  Wilcox  v.  The  Con- 
solidated Gas  Co.   (212  U.  S.  19),  in  the  syllabus: 

Bates  when  fixed  by  legislative  authority  for  public  service 
corporations  should  allow  a  fair  return  upon  the  reasonable 
value  of  the  property  at  the  time  It  Is  being  used,  but  the 
legislative  act  will  not  be  declared  Invalid  by  the  courts  unless 
the  rates  are  so  unreasonably  low  that  their  enforcement  would 
amount  to  taking  the  property  for  public  use  without  com- 
pensation. 

While  it  Is  here  declared  that  public  service  cor- 
porations "should  be  allowed  a  fair  return  upon  the  rea- 
sonable value  of  the  property  at  the  time  it  is  belpg  used 
by  the  public,"  yet  It  is  not  meant  by  this  opinion  to 
eliminate  the  very  material  fact  that  the  property  valuation 


must  be  upon  that  which  is  being  devoted  to  the  public 
use.  The  syllabus  would  indicate  in  the  Wilcox  case 
that  the  use  of  the  property  should  be  used  to  locate  the 
time  of  the  valuation,  wliereas  the  above  quotation  in  the 
Smyth  and  Ames  case  would  indicate  that  the  use  of  the 
property  was  the  criterion  of  valuation;  however,  the  Wil- 
cox case  does  not  mean  to  eliminate  the  conditions  men- 
tioned in  the  Smyth  and  Ames  case  relating  to  the  use 
of  the  property  as  a  criterion  for  valuation,  for  upon  page 
50  the  court  says: 

Taking  all  facts  Into  consideration,  we  concur  with  th'j 
court  below  upon  this  question  and  think  complainant  Is  en- 
titled to  6  per  cent  on  the  fair  value  of  its  property  devoted 
to   the  public   use. 

These  opinions,  however,  still  leave  the  question  un- 
settled as  to  how  railroad  property  shall  be  valued  for  thn 
purpose  of  rate  making,  especially  its  real  property.  Shall 
the  valuation  for  rate  making  be  estimated  so  as  to  includ<! 
the  unearned  increment  upon  the  property  of  the  company" 

Third.  The  recent  cases  make  the  following  inqulrs 
extremely  acute:  Is  it  a  practical  question  in  the  exercise 
of  fair  economy  to  require  railroads  to  maintain  an  ac 
counting  system  separating  interstate  passengers  and  in 
trastate  passengers,  and  interstate  freight  and  intrastate 
freight?  Should  railroads  be  required  to  maintain  an  ac 
counting  system  whereby  the  cost  of  doing  the  freight 
business  should  be  separated  from  the  cost  of  doing  the 
passenger  business?  Can  overhead  charges  be  allotted  with 
reasonable  accuracy  to  the  various  classes  of  business? 

Upon  the  answers  to  these  questions  depend  the  suc- 
cess or  failure  of  railroad  regulation  In  this  nation  upon 
a  scientific  basis. 

We  will  briefiy  refer  to  the  several  questions  suggested. 
We  will  pass  over  the  first  question  relating  to  intrastate 
rates  being  void  by  reason  of  the  fact  that  an  interstate 
rate  must  be  changed  because  an  intrastate  rate  is  lowered 
and  therefore  the  act  of  the  State  authority  is  void  except 
that  we  shall  mention  here  that  the  ardent  advocates 
of  exclusive  Federal  regulation  have  never  yet  in  their 
zeal  anticipated  that  any  court  would  give  judicial  sanc- 
tion to  such  a  theory  without  an  amendment  to  the  Federal 
Constitution. 

The  Railway  Age  Gazette,  whose  editorial  director  Is 
Samuel  O.   Dunn,  recently  said: 

Master  In  Chancery  Otis  held  that  the  railways  of  Minne- 
sota could  not  apply  the  rates  fixed  by  the  legislature  and 
railway  commission  of  Minnesota  without  either  correspond- 
ingly reducing  their  Interstate  rates  or  unfairly  discriminat- 
ing against  Interstate  commerce.  He  therefore  held  that  the 
rates  were  in  violation  of  the  Federal  Constitution,  not  only 
because  they  were  confiscatory  in  that  they  would  not  yield 
the  railways  7  per  cent  on  u  fair  valuation,  but  also  because 
thev  interfered  with  interstate  commerce.  If  his  findings 
shall  be  upheld  by  the  courts.  It  may  be  that  no  amendment 
to  the  Constitution  will  be  necessary  in  order  to  give  the 
Federal  Government  virtually  exclusive  jurisdiction  over  the 
regulation   of   rates. 

While  the  interpretation  of  the  above  opinion  would 
indicate  that  the  Federal  Government  would  virtually 
have  exclusive  jurisdiction  over  the  regulation  of  State 
rates,  yet  the  fact  is  that  instead  of  the  Federal  Govern- 
ment having  such  jurisdiction  State  rates  would  be  without 
any  governmental  regulation.  Such  is  the  opinion  of 
Judge  Warrington,  who  in  answer  to  a  similar  contention 
made  by  the  Louisville  &  Nashville  Railroad  Co.  in  the 
Kentucky  case  replied,  indorsing  the  language  of  the  Su- 
preme Court  (216  U.  S.  262),  Missouri  Pacific  liailroad 
Co.  V.  Kansas: 

Uut  this  .simply  confounds  the  distinction  between  State 
control  over  local  traffic  and  Federal  control  over  Interstate 
trrifflc  To  sustain  the  proposition  would  require  It  to  be 
held  that  the  local  traffic  of  the  road  was  free  from  all  gov- 
ernmental   regulation. 

We  pass  now  to  the  consideration  of  the  second  ques- 
tion discussed  by  the  September  court  in  the  Smythe 
and  Wilcox  cases.  If  the  interpretation  placed  upon  the 
Wilcox  case  by  certain  railroad  interests  shall  be  upheld 
by  the  courts  and  the  reasonable  value  of  the  property  at 
the  time  it  is  being  used  by  the  public  is  the  criterion  of 
valuation  for  rate  making,  there  can  be  no  stability  In 
rates  whatever,  because  the  value  of  the  property  can  be 
continuously  and  will  be  continuously  enhanced  by  a  great 
many  considerations.  Shall  the  reasonable  value  of  the 
property  Include  all  the  Improvements  that  a  railroad  cor- 
poration has  made  for  permanently  equipping  its  system 
out  of  the  income  of  the  road?    Is  the  reasonable  value  of 


Phoceedings  of  the  Twenty-Third  Annual  Convention 


6<J 


the  property  at  the  time  to  include  the  value  of  the  land 
which  it  may  have  acquired  for  a  right  of  way  and  other 
terminal  facilities  estimated,  as  of  to-day,  upon  the  relative 
valuation  of  contiguous  territory?  It  this  is  the  law  of 
the  land,  I  know  of  no  better  answer  than  the  response 
made  by  Commissioner  Lane,  who,  in  the  case  of  the 
Western  Trunk  J^ines  and  Trans-Missouri  and  Illinois 
Freight  Committee  Territories,  said: 

If  ihe  position  uf  tlie  Burlington  is  sound  and  Is  a  pre- 
cise expression  of  wluit  our  courts  will  hold  to  (be  the  law, 
then  as  we  are  told,  there  is  certainly  the  dan^fer  that  we 
nnv'  never  expect  railroad  rates  to  be  lower  than  they  are 
at   present       On   the    contrary,   there   is    the   unwelcome   promise 

■  made  in  this  case  that  they  will  continuously  advance.  In 
the  face  of  such  an  economic  philosophy,  if  stable  and  equi- 
table rates  are  to  be  maintained,  the  suggestion  has  been 
made  that  it  would  be  wise  for  the  Government  to  protect  Its 
people    by   taking   to    itself    these    properties    at   present    value, 

■  rather  than  await  the  day,  perhaps  thirty  or  fifty  years  hence, 
when   they  will    have   multiplied   in   value   ten   or   twenty  fold. 

Digressing  for  a  moment  to  another  question  of  a 
'  kindred  nature,  which  in  all  probability  would  result 
I  in  the  same  public  demand  as  that  expressed  by  Commis- 
sioner Lane,  we  refer  to  the  threat  which  is  sometimes 
used  by  some  railroad  interests  that  unless  their  rates 
are  such  as  to  yield  them  what  they  deem  a  fair  return 
upon  their  investment  that  capital  will  no  longer  seek 
railroad  securities  as  an  investment  and  that  railroad 
,  development  will  cease.  If  the  public  ever  concludes  that 
[  in  truth  railroad  development  will  cease  because  the  In- 
terstate Commerce  Commission  and  State  commissions 
regulate  freight  rates  to  what  these  tribunals,  established 
by  the  general  public,  deem  to  be  just  and  reasonable, 
then  the  inevitable  result  must  follow.  Our  nation  is  by 
no  means  developed.  Thousands  of  acres  of  lands  rich 
in  mineral  resources,  with  fields  fertile  and  capacitated 
to  yield  abundant  fruit  and  grain,  are  yet  unserved  by  rail- 
road facilities. '  There  are  thousands  of  people  in  many 
portions  of  this  nation  who  have  not  the  conveniences  of 
railroad  transportation.  The  civilizing  Influences,  the  great 
benefits  and  conveniences  of  these  arteries  of  commerce, 
cannot  be  overestimated  or  too  much  appreciated;  but  If 
the  price  of  railroad  building  which  the  public  must  pay 
is  that  railroad  operators  must  be  left  free  to  pillage  and 
plunger  the  public  at  their  will  and  caprice,  only  limited 
by  their  conscience  to  charge  and  the  ability  of  the  public 
to  pay,  the  cost  is  too  dear.  But  this  country  will  develop 
—it  must  develop  through  the  building  of  lines  of  trans- 
portation, and  if  governmental  regulation,  limiting  capital 
to  a  fair  return  on  railroad  securities,  stops  railroad  build- 
ing by  private  individuals,  the  Government  itself  will  see 
to  it  that  its  citizens  are  furnished  with  these  civilizing 
influences. 

Again  reverting  to  the  significance  of  the  reasonable 
value  of  the  property  at  the  time  it  is  being  used  by  the 
public,  would  it  be  contended  that  a  reduction  of  freight 
rates  was  justifiable  because  a  railroad  company's  right 
of  way  traversing  a  section  of  territory  extremely  valuable 
at  one  time  for  the  purpose  of  grazing  cattle  is  now  ren- 
dered almost  valueless  for  this  because  it  is  infested  with 
wild  onions?  Such  a  contention  would  be  no  more  ridicu- 
lous than  that  freight  rates  should  be  increased  because 
the  contiguous  territory  had  been  discovered  to  be  pe- 
culiarly adapted  to  a  particular  product,  rendering  it  ex- 
tremely valuable.  The  trouble  about  estimating  the  value 
of  railroad  property  as  a  criterion  for  rate  making  is  that 
the  real  character  and  nature  of  the  transaction  is  not 
taken   into  consideration. 

The  moment  real  estate  is  condemned  or  acquired  for 
railroad  purposes  it  is  that  moment  withdrawn  from  the 
market  for  any  other  than  railroad  purposes,  and  however 
'  valuable  its  use  may  be  for  that  or  any  other  line  of  business, 
its  value  cannot  be  enhanced  above  that  for  which  its  use 
has  been  acquired,  to-wit,  railroad  purposes.  Having 
withdrawn  this  land  from  the  market,  and  it  being  devoted 
to  the  use  of  railroad  operation  in  theory  and  in  practice 
for  all  time  to  come,  then  the  valuation  of  real  property 
should  be  no  more  and  no  less  than  the  actual  value  of  the 
land  at  the  time  of  the  construction  of  the  railroad  prop- 
erty. Now,  it  is  true  that  this  might  work  a  hardship  in 
some  particular  instances.  It  is  true  that  this  theory  is 
not  free  from  objections,  but  there  is  no  other  principle 
upon  which  land  valuation  for  railroad  purposes  can  be 
ascertained  which  will  not  offer  more  obstacles  than  the 
above  suggested.  The  cost  of  service  would  then  become 
the  chief  factor  in  the  fixing  of  freight  rates,  for  while  the 


cost  of  service  heretofore  has  been  considered  a  negligible 
factor,  yet  no  scientific  deduction  can  be  made  showing 
the  relationship  existing  between  a  fair  return  upon  the 
property  devoted  to  the  public  use  and  the  reasonable  worth 
of  the  services  rendered  to  the  public,  unless  as  a  basis 
for  this  comparison  the  cost  of  the  service  is  first  ascer- 
tained. 

All  permanent  improvements  should  be  made  from  new 
capital,  which  should  receive  the  same  consideration,  so  far 
as  return  is  concerned,  that  capital  receives  in  the  original 
organization.  This  brings  up  another  serious  question: 
What  are  permanent  improvements?  The  Interstate  Com- 
merce Commission  already,  by  ruling,  has  indicated  what 
are  and  what  are  not  permanent  improvements. 

There  should  be  legislation,  both  State  and  Federal,  to 
prevent  the  issuance  of  new  stocks  and  bonds  without  gov- 
ernmental supervision.  Such  could  be  accomplished  by  a  Fed- 
eral law  requiring  all  railroad  companies  engaged  in  inter- 
state traflic  to  secure  a  license  from  the  Federal  Government, 
the  provisions  of  which  would  require  all  railroads  doing 
an  interstate  business  to  submit  to  the  Interstate  Commerce 
Commission  or  similar  body  any  proposed  issuance  of  stocks 
and  bonds  and  for  what  purpose,  and  if  the  Interstate  Com- 
merce Commission  approves  the  issue,  then  the  corporation 
would  be  privileged  to  act  accordingly.  This  should  be 
supplemented  by  State  laws  requiring  all  railroad  corpora- 
tions doing  business  within  the  State  to  submit  any  propo- 
sition for  the  increase  of  railroad  indebtedness  to  the  State 
commission,  which  should  first  authorize  it  before  the 
power  to  issue  the  bonds  or  stocks  was  granted  to  railroad 
corporations.  There  should  be  no  Federal  legislation  which 
should  be  substituted  for  State  legislation  to  remedy  an 
evil  which  a  State  by  law  can  remedy.  But  all  legislation 
of  a  Federal  nature  should  be  in  addition  to  and  In  aid  of 
State  regulation,  and  as  heretofore  suggested  no  serious 
conflict  between  the  State  and  Federal  authority  need  b« 
anticipated. 

We  pass  now  to  the  consideration  of  the  third  question: 
Is  it  practicable  for  railroad  companies  to  adopt  a  system- 
atic accounting  system  whereby  inter  and  Intra  state  pas- 
senger and  freight  business  can  be  separated?  Can  the 
overhead  charges  accruing  in  Inter  and  intra  state  freight 
and  inter  and  intra  state  passenger  business  he  allocated 
with  such  accuracy  as  to  make  a  reasonable  basis  for  legiti- 
mate comparison?  The  contention  of  the  railroad  compa- 
nies upon  this  question  is  best  stated  by  a  repetition  of  • 
portion  of  the  opinion  rendered  by  Judge  Sanborn  In  the 
Minnesota  rate  case.    We  quote  from  the  opinion: 

The  whole  railroad  properties  of  each  of  these  companies 
has  constituted  and  still  constitutes  a  single  system,  and  has 
been  and  is  operated  by  each  of  the  said  companies  as  such. 
The  cars,  engines,  and  supplies  of  each  company  customarily 
have  been  and  are  used  upon  its  system  without  regard  to 
whether  the  business  in  which  they  have  been  or  are  em- 
ployed has  been  or  is  interstate  business  or  local  to  a  State. 
Each  of  said  companies  customarily  has  carried  and  does  carry 
interstate  passengers  and  passengers  local  to  the  State  on  the 
same  train  and  in  the  same  car.  and  interstate  freight  and 
freight  local  to  a  State  on  the  same  train,  and,  if  less  than 
carload  freight,  in  the  same  car.  There  has  never  been  any 
separation,  and  it  is  impracticable  in  the  exercise  of  any  fair 
economy  to  make  and  maintain  any  separation  in  the  business 
of  transporting  interstate  passengers  and  passengers  local  to 
the  State,  or  between  interstate  freight  and  freight  local  to  a 
State. 

On  the  other  hand,  we  find  the  highest  authorities  refut- 
ing the  contention  of  the  railroad  companies,  as  expressed 
in  the  language  of  Judge  Sanborn: 

ilr.  Le«is  D.  Brandeis  says;  "The  simple  ultimate  unit 
cost  of  each  operation  In  every  department  of  every  railroad 
ought  to  be  ascertained.  They  should  be  properly  supervised, 
analyzed,  classified,  and  compared,  so  that  each  railroad 
should  ^ave  the  benefit  of  knowing  the  lowest  unit  cost  of 
each  operation  attained  by  any  American  railroad,  and  how 
it  was  attained." 

In  the  case  of  Buell  v.  The  Chicago.  Mihoaukee  A  St. 
Paul  R.  R.  Co.,  before  the  railroad  commission  of  Wiscon- 
sin, which  involved  the  reasonableness  of  passenger  rates 
in  that  State,  the  feasibility  of  and  necessity  for  the  appli- 
cation of  cost  accounting  to  the  railroad  business  was  very 
fully  and  intelligently  discussed.    The  commission  said: 

Most  of  the  larger  and  many  of  the  smaller  factories  are 
to-day  provided  with  some  system  of  cost  accounting,  the 
main  purpose  of  which  is  to  show,  as  nearly  as  practicable, 
the  exact  cost  of  each  unit  of  their  products  and  of  each 
job,  contract,  and  department  of  production.  While  these 
systems  vary  as  to  details  and  in  practice  are  applied  differently 
under  different  circumstances,  they  are  based  upon  the  same 
governing  principles.  Without  going  into  details,  it  can  be 
said  that  they  aim  to  show  the  cost  of  the  labor  and  material 
which    enters    directly    into    each    unit    of    product,    job,    and 


National  Association  of  Railway  Commissioners 


I 


contract  in  each  department,  as  well  as  the  total  and  relative 
cost  of  these  elements  for  any  given  productive  period.  Hav- 
ing thus  determined  the  direct  costs  In  each  case,  they  en- 
deavor to  go  still  further  and  make  a  fair  apportionment  of  the 
indirect  expenses,  or  those  which  are  common  to  the  entire 
output,  and  which  cannot  be  directly  allotted.  The  import- 
ance of  an  approximately  correct  apportionment  of  the  com- 
mon or  indirect  expenses  is  easily  understood  when  it  is  found 
tlAt  in  many  cases  they  amount  to  over  one-half  of  the  total 
cost. 

Just  what  constitute  the  common  or  indirect  expenses  is 
not  always  easy  to  de-scribe,  for  they  vary  considerably  as 
between  different  industries,  and  even  as  between  different 
establishments  in  the  same  industry.  In  most  industries, 
however,  they  include  such  items  as  the  following;  Superin- 
tendents and  foremen,  certain  clerical  labor,  power,  heat  and 
light,  traveling  expenses,  indirect  labor,  telegraph  and  tele- 
phones, office  expenses,  stationery  and  printing,  sundry  ma- 
terials and  supplies,  insurance,  general  expenses,  repairs,  de- 
preciation on  buildings,  tools  and  machinery,  taxes,  interest  on 
loans  and  on  the  inve.stment,  and  other  items  of  this  nature. 
These  costs  consist  of  both  labor  and  material.  While  they 
are  incurred  in  the  plant,  they  cannot  be  directly  traced  to  any 
unit  of  the  finished  product  or  to  any  particular  department. 
They  are  kept  in  appropriate  accounts  so  that  their  total 
amount  is  known  and  they  must  be  in  some  way  fairly  dis- 
tributed over  the  entire  product  in  each  department.  If  such 
distribution  of  expenses  is  practicable  in  other  enterprises,  it  is 
difficult  to  see  why  it  should  not  also  be  feasible  in  the  rall- 
*  road  service.  It  may  be  assumed  that  a  railroad  Is  organized 
very  much  along  the  same  lines  as  other  productive  enter- 
prises. It  has  first  of  all  a  plant.  It  has  roadway  and  car 
departments  for  the  maintenance  of  this  plant.  It  has  an 
operating  department  which  is  engaged  in  producing  trans- 
portation, and  a  traffic  department,  through  which  trans- 
portation is  sold  to  the  public.  It  also  has  a  department  of 
general  officers  who  supervise  the  work  of  all  the  other  depart- 
ments and  look  after  the  affairs  of  the  road  generally.  Again, 
it  produces  and  sells  two  kinds  of  transportation,  and  the 
services  performed  to  this  end  can  be  divided  into  two  de- 
partments. 

Passenger  transportation  is  produced  by  the  running  of 
passenger  trains  and  freight  transportation  by  the  running 
of  freight  trains.  Separate  cars  and  locomotives  and  separate 
train  and  locomotive  crews  are  required  in  the  two  cases. 
Many  employers  at  the  terminals,  such  as  the  greater  pro- 
portion of  the  station  service  and  practically  the  entire  switch- 
ing service  and  other  items,  are  also  easily  separated.  A 
large  proportion  of  the  expenses  can  thus  be  kept  separate 
as  between  the  two  departments.  On  the  other  hand,  both 
classes  of  trains  use  the  same  track  and  many  other  fa- 
cilities in  common.  The  work  of  supervision,  particularly 
under  maintenance  of  way.  In  the  operating  department,  and 
under  general  expenses  is  common  to  both  departments.  This 
is  also  the  case  with  certain  other  employes  and  for  a  large  pro- 
portion of  the  incidental  items.  Expenses  of  this  kind  can 
generally  not  be  charged  directly  to  each  department  but 
must   be   divided   on    some  arbitrary   basis. 

Further  substantiating  this  theory  to  be  practicable  and 
essential  in  the  adjudication  of  questions  Involving  the  rea- 
sonableness of  rates,  Commissioner  Lane,  of  the  Interstate 
Commerce  Commission,  whose  practical  experience  and 
thorough  study  of  railroad  problems  qualify  him  as  one  of 
the  best  experts  In  the  nation,  said  In  the  Western  Trunk 
Lines  and  Trans-Missouri  case: 

While  we  find  the  carriers  contending  uniformly  that  in  the 
making  nf  a  reasonable  rate  the  cost  of  service  is  practically 
a  negligible  factor,  yet  the  contention  is  herein  made  that  the 
carriers  should  be  allowed  to  increase  their  rates  upon  that 
ground;  in  short,  that  addition  to  cost  of  service  justifies 
Increased  rates.  It  becomes  of  immediate  imirartance,  there- 
fore, to  learn  what  we  may  as  to  this  factor  in  the  problem. 
That  the  railroads  are  not  indifferent  to  this  element  is  shown 
by  the  fact  that  some  of  those  of  highest  grade  keep  such  fig- 
ures. It  would  be  remarkable  indeed  if,  in  this  time  when  all 
great  business  enterprises  make  analyses  of  costs,  our  rail- 
roads  should    keep   no    such    accounts. 

When  we  have  sought  to  learn  the  cost  of  railroad  service, 
a  twofold  answer  has  been  made:  (1)  That  rates  were  not, 
and  could  not  be,  made  with  reference  to  cost,  because  some 
traffic  could  and  should  bear  a  higher  rate  than  other  traffic; 
and  (2)  because  it  was  impossible  to  allocate  to  the  different 
services  rendered  their  proper  share  of  expenditures.  The 
first  of  these  answers  we  have  considered  above.  As  to  the 
second,  it  has  been  testified  by  an  official  of  an  important 
carrier  that  it  was  entirely  feasible  to  absolutely  segregate 
about  51  per  cent  of  the  cost  of  operation  between  passenger 
and  freight  trattic;  that  about  29  per  cent  was  subject  to  some 
arbitrary  division,  but  that  for  all  practical  purposes  It  would 
be  accurate:  and  that  only  the  remainder,  or  20  per  cent  of 
the  whole,  had  to  be  determined  upon  an  arbitrary  basis.  So 
that  it  was  regarded  as  practicable  by  statisticians  to  leave 
but  a  very  narrow  "twilight  zone"  between  the  actual  cost 
of  moving  a  ton  of  freight  and  the  statistician's  estimate; 
and  this  estimate,  it  was  thought,  would  not  vary  5  per  cent 
from  actual  cost.  This  is  readily  apparent  front  the  fact  that 
of  the  total  operating  expense  on  most  of  the  roads  sub- 
stantially 50  per  cent  is  chargeable  to  "conducting  transporta- 
tion." io  per  cent  to  maintenance  of  way  and  structures,  and 
25  per  cent  to  maintenance  of  equipment.  There  is  no  dif- 
ficulty in  segregating  the  cost  of  maintenance  of  equipment 
as  between  passengers  and  freight.  Likewise  the  50  per  cent 
under  the  head  of  conducting  transportation  Is  easily  segre- 
gated, excepting  as  to  some  station,  yard,  and  similar  expenses, 
which  constitute  a  small  proportion  of  the  total.  Thus  prac- 
tically 75  per  cent  of  the  entire  expense  Is  taken  care  of. 
The  expense  of  maintenance  of  way  and  structures  cannot  be 
allocated,  and  this  has  to  be  divided  arbitrarily.  Moreover, 
that  It  Is  not  impracticable  to  estimate  cost  of  railway  service 


Is  evidenced  by  the  fact  that  we  have  before  us  the  cost  figures 
of  both  the  Santa  Fe  and  the  Burlington  lines.  The  Santa  Fe 
road  has  had  in  its  employ  for  many  years  a  man  who  has  a 
national  reputation  as  a  statistician.  It  Is  a  part  of  the  gen- 
eral efficiency  of  the  system  of  that  great  road  to  keep  such 
accounts  so  that  the  management  may  ascertain  through  vary- 
ing periods  of  time  ho%v  the  income  of  the  road  is  being  ex- 
pended. 

This  element  as  a  basis  for  rate  making  has  been  ig- 
nored by  railroad  traffic  managers  as  a  criterion  for  a  Just 
and  reasonable  rate,  and  yet  it  is  the  chief  element  entering 
into  what  a  reasonable  rate  should  be.  The  value  of  the 
property  being  used  at  the  time  for  the  public  convenience 
may  be  the  result  of  untold  extravagance  as  well  as  ineffl- 
cent  engineering,  and  therefore  a  premium  is  placed  upon 
extravagancy  and  incompetency  which  the  public  is  com 
polled  to  pay. 

In  opposition  to  the  theory  that  the  cost  of  servict 
should  be  the  chief  factor  in  establishing  the  reasonable 
ness  of  a  rate,  it  is  said  by  many  railroad  authorities  thai 
there  should  be  no  limit  to  the  maximum  return  on  the 
stock  of  a  properly  capitalized  and  managed  company. 
Hon.  James  McCrea,  president  of  the  Pennsylvania 
road,  says: 


ll 


I  would  fix  the  minimum  return  on  the  stock  of  a  propS--. 
capitalized  and  managed  company  and  one  in  a  locality  where 
It  is  needed  at  about  7  per  cent.  As  to  the  maximum.  I  see 
no  reason  why  there  should  be  any  limit  upon  the  return  to 
the    stockholders. 

It  is  also  suggested  that  to  limit  the  return  of  a  rail- 
road corporation  based  upon  the  cost  per  unit  of  trans- 
portation would  give  no  incentive  to  railroad  corporations 
to  perform  cheap  services,  as  their  efforts  in  economy  would 
not  redound  to  their  individual  Interests,  but  to  the  interest 
of  the  public.  Governmental  supervision  over  cost  account- 
ing would  prevent  the  extravagance  contemplated  If  the 
policy  hereinafter  suggested  Is  pursued. 

From  the  foregoing  we  conclude  that  an  additional 
power  should  be  granted  to  the  Interstate  Commerce  Com- 
mission over  interstate  railways  to  require  a  complete  ac- 
counting system,  whereby  each  railroad  company  will  be 
required  to  keep  its  accounts  according  to  such  rules  and 
regulations  as  the  Interstate  Commerce  Commission,  in 
connection  with  the  State  commission,  may  prescribe,  to 
the  end  that  the  cost  per  unit  of  transportation  can  be 
ascertained  in  conducting  its  freight  and  passenger  busi- 
ness, inter  and  intra,  and  that  the  overhead  charges  may 
be  allocated  to  the  respective  classification  to  which  it 
belongs. 

The  next  serious  question  is,  as  stated  by  the  quotation 
above  made  from  Mr.  McCrea:  Should  stockholders  in  rail- 
road corporations  be  limited  in  their  returns  upon  Invest- 
ments?    Mr.  Justice  Peckham,  In  the  Wilcox  case,  said: 

There  is  no  particular  rate  of  comi)en.^ation  which  must 
In  all  cases  and  in  all  parts  of  the  country  be  regarded  as 
sufficient  for  capital  Invested  in  business  enterprises.  Such 
compensation  must  depend  greatly  upon  circumstances  and 
locality;  among  other  things,  the  amount  of  risk  in  the  busi- 
ness is  a  most  important  factor,  as  well  as  the  locality  where 
the  business  is  conducted  and  the  rate  expected  and  usually 
realized  there  upon  investments  of  a  somewhat  similar  nature 
with  regard  to  the  risk  attending  them.  There  may  be  other 
matters  which  in  some  cases  might  also  be  properly  taken  into 
account  in  determining  the  rate  which  an  investor  might 
properly  expect  or  hope  to  receive  and  which  he  would  be 
entitled  to  without  legislative  Interference.  The  less  risk, 
the  less  right  to  an  unusual  return  upon  the  investments. 
One  who  Invests  his  money  in  a  business  of  a  somewhat  hazard- 
ous character  Is  very  properly  held  to  have  the  right  to  a 
larger  return  without  legislative  Interference  than  can  be  ob- 
tained from  an  investment  in  Government  bonds  or  other 
perfectly  safe  security.  The  man  that  invested  in  gas  itock 
In  1823  had  a  right  to  look  for  and  obtain,  if  possible,  a 
much  greater  rate  upon  his  investment  than  he  who  invested 
in  such  property  In  the  city  of  New  York  years  after  the 
risk  and  danger  Involved  had  been  almost  entirely  eliminated. 

With  State  and  Federal  commissions  to  regulate  with 
justice  and  fairness  the  affairs  of  railroad  corporations  so 
that  the  return  upon  their  investment  will  be  certain;  with 
wise  and  patriotic  officials,  with  no  other  motive  than  to 
promote  the  welfare  of  our  nation,  it  is  not  a  Utopian 
dream  to  hope  that  the  time  is  not  far  distant  when  rail- 
road securities  will  be  as  safe  as  government  bonds,  thereby 
justifying,  according  to  the  opinion  of  Mr.  Justice  Peckham, 
low  and  certain  returns  upon  railroad  securities  and  cor- 
respondingly low  rates  for  transportation. 

Latjbence  B.  FiNN,  Chairman. 

Mr.  Berry,  of  Illinois.  I  move  the  adoption  of  the 
report. 

The  report  was  adopted. 


Proceedixgs  of  the  Twen'ty-Third  Annual  Cokven-tion 


INTRASTATE  RATE  CASES. 

Mr.  Richards,  of  South  Carolina.  In  this  connection  I 
call  for  the  reading  of  the  resolution  which  I  submitted 
yesterday. 

The  secretary  read  the  resolution,  as  follows: 

Whereus  the  convention  of  governors  at  their  recent  meet- 
ing appointed  what  is  Itnown  as  the  States'  rights  committee, 
whose  duty  is  to  properly  prepare  and  present  to  the  Supreme 
Court  of  the  United  States  the  States'  side  of  the  controversy 
In  what  Is  known  as  the  famous  Minnesota  rate  case;  and 

Whereas  the  decision  of  the  United  States  Circuit  court  in 
these  cases,  if  allowed  to  stand,  will  seriously  Interfere  with 
the  making  and  regulating  of  rates  in  the  several  States; 
■Therefore  be   it 

Resolved  by  the  Association  of  Railway  Commissioners  in 
annual  convention  assembled.  That  the  sympathy  of  this  con- 
vention is  hereby  extended  to  the  committee  of  governors  In 
their  efforts  to  protect  the  States  In  their  right  to  regulate 
commerce   wholly   within   their   borders. 

Resolved,  further.  That  we  do  hereby  pledge  ourSelves  to 
aid  in  every  way  possible  to  have  this  great  question  properly 
adjudicated.  ' 

Mr.  Richards,  of  South  Carolina.  Now,  without  propos- 
ing to  make  any  extended  remarks  upon  that  resolution, 
it  does  strike  me,  sir,  that  the  very  able  paper  that  we  have 
just  heard  read  is  only  deflcient  in  one  particular  respect, 
as  regards  that  phase  of  the  report.  It  states  the  condi- 
tion, but  it  olTers  no  remedy. 

I  submit  that  something  tangible  is  offered  us  in  the 
action  taken  by  the  convention  of  governors  which  recently 
met,  in  which  they  proposed  to  prepare  and  submit  to  the 
Supreme  Court  of  the  United  States  the  States'  side  of  the 
question,  as  this  resolution  says,  for  the  purpose  of  having 
the  matter  properly  adjudicated.  Now,  the  South  Carolina 
Railroad  Commission  has  just  recently  undertaken  or  pro- 
posed a  uniform  schedule  of  rates  for  that  State.  I  notice 
that  this  report  states  Judge  Sanborn's  decision  says  that 
the  railroads  of  this  country  do  not  carry  a  separate  state- 
ment in  regard  to  their  intrastate  and  interstate  business. 

But  right  in  the  midst  of  the  hearing,  in  which  were 
the  ablest  of  the  attorneys  of  the  three  main  trunk  lines 
that  traverse  South  Carolina,  I  submit  to  you  that  the 
statements  both  of  intrastate  and  interstate  business  were 
placed  in  the  possession  of  the  railroad  commission  of 
South  Carolina.  I  state  to  you  that  upon  the  showing 
made  by  one  of  the  greatest  of  these  railroads  on  their 
traffic  for  1910  and  1911  intrastate,  it  showed  that  they  had 
run  at  a  net  expense  of  $3,400  and  some-odd.  When  I 
asked  the  distinguished  gentleman  who  was  upon  the  stand 
at  that  time  how  they  existed,  he  made  the  statement  to 
me,  "We  exist  upon  our  interstate  business;  that  is  how 
we  exist."  I  immediately  demanded  that  he  make  to  the 
railroad  commission  of  South  Carolina  a  report  both  of 
Intrastate  and  interstate  business.  Thereupon  he  arose  and 
read  the  famous  decision  of  Judge  Sanborn  and  threatened 
to  carry  the  railroad  commission  of  South  Carolina  into 
the  courts. 

But  I  insisted,  and  he  submitted  a  report.  And  what 
did  it  show?  It  showed  that  that  same  railroad,  upon  Its 
Interstate  business  in  South  Carolina  during  the  year  1910 
or  1911,  shows  a  net  earning  of  $1,500,000.  I  submit  that 
we  should  know  where  we  are,  and  I  submit  that  we  are 
handicapped  by  this  decision  of  Judge  Sanborn's.  If  it  Is 
law,  the  railroad  commissions  of  the  various  States  should 
know  it,  and  they  should  know  it  at  the  earliest  possible 
moment.  The  only  way  it  can  be  determined  and  properly 
determined  is  through  the  highest  tribunal  of  the  land,  the 
Supreme  Court  of  the  United  States,  and  this  resolution 
simply  says  that  we  extend  the  hand  of  sympathy  to  the 
convention  of  governors  in  their  effort  to  have  this  matter 
properly  adjudicated.  I  hope  that  this  convention  will  let 
the  people  of  the  country  know  that  the  railroad  commis- 
sioners are  in  sympathy  with  the  governors  of  the  various 
States. 

Mr.  ExJSTis,  of  New  York.  I  would  simply  like  to  say 
that  it  seems  to  me  it  would  be  better  for  us  not  to  pass 
this  resolution.  There  was  a  great  deal  of  comment  when 
the  board  of  governors  took  the  stand  they  did  as  to  inter- 
fering with  the  Supreme  Court  of  the  United  States  and 
undertaking  to  dictate  or  direct  how  they  should  decide. 

I  suppose  many  of  the  members  of  this  convention  are 
lawyers,  and  we  know  with  what  respect  we  should  treat 
the  courts.  It  is  considered  as  something  serious  to  Inti- 
mate even  to  the  trial  judge  how  he  should  decide  the 
case,  and  much  more  to  an  appellate  court.  And  when 
we  come  to  say  that  we  want  even  to  extend  the  hand  of 
sympathy  to  another  body  that  has  taken  the  stand,  they 


are  going  to  try  to  Influence  the  decision  of  the  Supreme 
Court  of  the  United  States,  I  want  to  say  that,  in  my  judg- 
ment, it  is  exceedingly  bad  taste. 

Mr.  Mcknight,  of  Arkansas.  I  hesitate  somewhat  to 
say  anything  upon  this  subject,  but  we  are  handicapped  In 
Arkansas,  and  seriously  handicapped  right  on  this  line. 
The  first  thought  of  railroad  regulation  occurred  in  our 
State  in  1895,  at  which  time  there  was  a  call  session  of  the 
legislature  to  pass  a  constitutional  amendment  setting 
forth  that  we  might  establish  a  railroad  commission.  It 
was  passed  at  that  time.  In  1897  It  was  ratified  by  the 
people,  and  in  1899  the  railroad  commission  was  created 
by  the  legislature. 

Now,  I  want  to  take  just  a  few  moments,  if  you  will 
bear  with  me,  to  outline  what  has  happened  in  Arkansas 
since  that  time  along  the  lines  of  rate  making,  and  to  show 
how  it  has  come  absolutely  to  naught.  Our  hands  are  tied 
and  we  are  sitting  daily,  anxious  and  willing,  wanting  to 
do  something,  but  not  able  to  do  it.  What  is  the  matter? 
The  commission  began  at  once  the  making  of  tariffs,  trying 
to  cure  the  discrimination  that  existed  in  the  freight  rates 
of  that  State.  They  succeeded  very  well  in  doing  this, 
although  being  opposed  by  the  railroads  in  every  transac- 
tion. And  it  was  acknowledged  by  both  the  railroads  and 
the  people  that  that  was  the  proper  procedure,  until  the 
year  1907. 

In  the  year  1907  the  legislature  unanimously  passed  the 
2-cent  rate  law.  The  reason  that  the  legislature  had  passed 
that  law  was  the  fact  that  the  traveling  men  of  the  State 
of  Arkansas  had  gotten  behind  the  act  and  made  it  practi- 
cally unanimous.  Why?  Simply  because  they  found  that 
a  man  traveling  upon  a  mileage  book  out  of  the  State  of 
Missouri  or  any  adjoining  State  could  go  from  there  into 
and  through  our  State  at  the  small  rate  of  2  cents  a  mile, 
while  they  themselves  were  having  to  pay  2%  cents  a  mile. 
The  intelligence  of  the  traveling  men  was  exhibited  and 
they  were  so  unanimous  in  their  action  that  the  law  was 
passed. 

I  was  in  that  session  of  the  legislature,  and  I  do  not 
think  there  was  a  dissenting  vote  in  the  senate,  and  but 
one  or  two  in  the  house.  When  that  law  became  effective, 
some  of  the  roads  adopted  it  and  other  roads  rejected  It. 
Two  of  the  principal  main-line  roads  of  that  State,  which, 
as  I  told  you  yesterday,  had  been  fed  and  fostered  until 
they  were  fat,  absolutely,  gentlemen,  in  the  absence  of  our 
Federal  judge,  went  to  St.  Paul,  and  upon  a  mere  statement 
of  the  ofRcials  or  the  lawyers  of  that  road  there  was  granted 
a  temporary  injunction  that  absolutely  put  the  foot  of  con- 
demnation upon  the  rate-making  powers  of  the  Arkansas 
Railroad  Commission. 

The  evidence  in  that  case  was  this:  During  the  year 
1907  there  was  a  petition  filed  through  me  to  the  Arkansas 
senate  to  see  if  we  could  not  do  something  to  raise  the 
taxable  property  of  one  of  the  principal  railroads  of  the 
State,  signed  by  every  justice  of  the  peace  in  my  own 
county,  showing  the  taxable  value  of  the  road,  including 
right  of  way,  terminals  and  cars,  and  everything  divided 
into  the  mileage  showed  only  $3,000  a  mile,  and  we  were 
trying  to  see  if  that  rate  could  not  be  raised.  In  that  State 
it  is  required  in  giving  in  your  property  that  you  hold  up 
your  hand  and  swear  that  that  is  a  reasonable  and  fair 
valuation  of  the  property.  We  find  those  men  who  hied 
away  to  St.  Paul  holding  up  their  hands  and  swearing  that 
identically  the  same  property,  without  any  material  change, 
had  risen  from  $3,000  to  $17,000  a  mile  when  they  wanted 
rates  made. 

That  evidence  would  not  stand  in  an  ordinary  justice  of 
the  peace  court  in  my  county.  We  are  willing  to  admit 
that  since  that  time  the  national  legislature  has  seen  fit  to 
remedy  that,  and  says  that  no  such  injunction  shall  be 
granted  without  three  of  the  judges  being  present.  But 
how  can  we  ever  get  over  the  thing  that  has  passed  over 
our  shoulders?  Now,  gentlemen,  we  are  tied  along  the  line 
of  rate  making,  and  why  are  we  tied?  Simply  because  the 
Federal  courts  shut  down  upon  any  testimony  like  this. 
To  go  back  to  the  evidence  in  this  case:  When  the  evi- 
dence shows  plainly  in  the  Federal  court  hearing  and  in 
the  decision  which  was  rendered  that  one  of  these  roads 
was  making  14  and  some-odd  per  cent  and  the  other  was 
making  16  and  some-odd  per  cent  upon  their  earnings,  it 
was  said  that  6  per  cent,  owing  to  the  recent  decision  of 
the  Supreme  Court,  was  a  fair  earning;  but  it  was  hinted 
to  us  that  these  two  railroads  were  not  making  6  per  cent — 
catch  my  idea,  please — not  making  6  per  cent  by  the  pres- 


National  AssociATroN  of  Railway  Cosimissioners 


ent  tariff,  No.  3,  which  was  enjoined,  but  with  only  33  1-3 
per  cent  increase  that  they  were  making  16  and  14  per 
cent,  respectively.  How  can  you  figure  that?  Figures  will 
not  agree,  gentlemen,  when  you  put  them  down. 

Now,  I  remember  very  well  when  we  used  to  make  these 
kinds  of  talks  to  the  lawyers  ot  Arkansas  they  used  to 
say  to  us,  "Oh,  Judge  So-and-so  said  this."  Though  we 
may  be  small — I  am  not  a  lawyer;  you  can  tell  that  by 
my  talk — that  though  we  may  be  small,  if  we  see  these 
errors  I  feel  it  is  our  duty  to  point  them  out  absolutely,  it 
matters  not  who  or  where  we  are,  and  to  ask  a  remedy  for 
these  things;  and  the  quicker  we  do  it  the  better.  We 
should  let  our  voice  be  heard  before  it  is  eternally  too  late 
and  we  have  been  put  absolutely  out  ot  business  by  these 
injunction  proceedings. 

You  understand  that  in  our  State  this  injunction  has 
been  perpetuated,  and  we  to-day  stand  before  the  United 
States  Court  of  Appeals  to  see  what  decision  they  are 
going  to  make.  Gentlemen,  if  that  decision  stands,  as  the 
decisions  formerly  have  in  the  Federal  courts,  I  want  to 
say  that  the  commission  of  Arkansas,  so  far  as  rate  mak- 
ing is  concerned— with  the  exception  of  little,  petty  things, 
such  as  a  little  switch  to  a  depot  somewhere — might  as  well 
go  home,  so  far  as  any  good  we  can  do  our  people.  I  am 
in  favor  of  this  resolution;  I  do  not  care  where  it  stands. 
Let  it  stand  or  fall,  I  am  for  the  principle  of  State  rights 
upon  this  theory.  We  have  heard  ever  since  we  were  that 
long  [indicating]  that  this  is  a  government  by  the  people 
and  for  the  people.  But  let  us  see  whether  or  not  it  is. 
In  the  fall  of  1906  every  male  citizen  over  the  age  of  21 
years  went  to  the  polls  and  voted  for  a  representative  to 
represent  them  in  the  Arkansas  legislature.  Not  satisfied 
with  that,  by  constitutional  right  each  district  elected  a 
senator  to  represent  their  rights.  Not  satisfied  with  this, 
the  entire  State  joined  in  electing  a  governor,  whose  hands 
should  be  attached  to  that  measure. 

Now,  we  have  a  bill  that  only  extends  from  border  to 
border  of  our  State,  that  was  voted  upon  by  the  representa- 
tive of  every  county  in  the  State,  voted  upon  by  a  senator 
from  each  district  in  the  State,  signed  by  the  executive, 
and  which  has  become  a  law  of  the  State  of  Arkansas. 
That  law  does  not  affect  any  other  part  of  the  United 
States.  What  do  we  see?  Two  thousand  five  hundred  miles 
from  the  seat  of  action,  gentlemen — do  not  say  that  we 
are  unduly  criticizing  the  Federal  court — but  2,500  miles 
from  the  seat  of  action,  upon  a  statement  on  paper,  un- 
sworn to,  practically — by  railroad  attorneys  alone — a  tem- 
porary injunction  is  granted  and  we  are  absolutely  put  out 
of  business  for  three  years  on  an  injunction  which  has 
been  perpetuated  and  which,  if  upheld  by  the  Court  of 
Appeals,  will  eternally  put  us  out  of  business.  Still  it  is 
said  this  is  a  government  by  the  people  and  for  the  people. 
Where  does  it  come  in?  It  seems  to  me  it  is  time  for  us  to 
take  some  action  and  not  to  sit  idly  by  and  see  our  rights 
go  absolutely  beyond  our  reacji.  The  immortal  Jefferson 
said  that  the  danger  to  the  American  Government  was  the 
usurpation  of  the  State  rights  by  the  Federal  authorities. 
It  has  come  to  us.    Let  us  act  now.    Let  us  not  wait. 

DATA   FOU   REPORT    UPON    JIEMORIALS. 

Mr.  Finn.  I  will  ask  unanimous  consent  for  the  sus- 
pension of  the  rules  for  a  moment  for  the  purpose  of  secur- 
ing data  for  the  report  upon  memorials. 

The  President.  Without  objection,  we  will  suspend  the 
rules  for  a  moment  to  get  this  information. 

Mr.  Finn.  The  committee  is  not  informed  as  to  the 
deaths  of  any  other  railroad  commissioners  that  have 
occurred,  say,  within  the  last  two  years  than  W.  L.  Eaton, 
of  Iowa. 

The  Pre.sidext.  I  am  informed  there  has  also  occurred 
the  death  of  Commissioner  Joe  Rice,  of  Missouri;  also  the 
death  of  the  former  secretary  of  the  Interstate  Commerce 
Commission,  Hon.  Edward  A.  Moseley. 

If  there  have  been  deaths  in  other  States  among  the 
commissioners,  please  give  the  names  in  now. 

I  will  state  that  the  convention  at  its  last  session  failed 
to  bring  in  a  report,  and  it  is  the  desire  now  to  include 
those  who  were  neglected  at  the  last  session. 

Mr.  Cauguman,  of  South  Carolina.  Mr.  President,  I 
announce  the  death  of  J.  M.  Sullivan,  of  South  Carolina. 

INTRASTATE  RATE  CASES. 
Mr.  Hir.L,  of  Georgia.     I  feel  there  is  no  serious  objec- 
tion to  the  resolution  offered  by  the  gentleman  from  South 
Carolina.    No  member  of  this  association  has  a  higher  re- 


spect for  the  courts  of  this  land  than  I  have,  especially 
the  Supreme  Court  of  the  United  States.  It  is  composed  of 
great  men.  It  is  composed  of  great  jurists  and  great  law- 
yers. It  is  not  too  much  to  say,  I  think,  that  it  is  the 
greatest  court  in  the  world,  and  I  believe  that  it  merits  the 
confidence  of  every  citizen  of  the  United  States.  I  think 
this  resolution  is  not  a  reflection  upon  that  court  or  upon 
any  other  court.  All  that  this  resolution  means,  as  I  under- 
stand it,  is  that  the  National  Association  of  Railroad  Com- 
missioners will  put  itself  in  thorough  accord  with  the 
house  of  governors,  which  passed  a  resolution  to  the  effect 
that  they  would  see  that  the  States'  views  with  reference 
to  State  rights  and  the  rights  of  the  States  to  make  rates, 
should  be  presented  to  that  great  body,  either  through  the 
attorneys-general  of  the  States  or  through  special  counsel 
employed  by  the  different  States. 

That  is  all,  as  I  understand  it,  that  the  house  of  gover- 
nors meant.  They  never  meant,  in  my  opinion  and  as  I 
understand  their  action,  to  go  before  that  body  and  make 
a  political  speech  or  an  appeal  to  their  passions  or  preju- 
dices, or  anything  of  that  sort,  because  they  would  know 
that  it  would  be  futile  to  do  so.  It  has  been  said  that  a 
great  bar  helps  to  make  a  great  court,  and  I  think  that  la 
largely  true.  Every  court  seeking  for  light,  seeking  for 
truth,  seeking  to  know  what  the  law  is,  courts  all  the  light 
that  it  can  get  upon  any  question.  All  that  the  house  of 
governors  meant,  I  think,  is  that  they  would  present  in 
the  shape  of  argument  or  brief  before  that  court  when  this 
case  is  tried  the  views  of  the  different  States  upon  that 
question.  That  being  true,  I  can  see  no  impropriety  in 
the  action,  I  can  see  no  reason  why  the  Supreme  Court  of 
the  United  States  would  not  welcome  the  argument  of 
counsel,  the  briefs  of  counsel,  prepared  for  that  especial 
purpose.  It  is  well  known  that  the  railroads  of  this  coun- 
try have  experienced  lawyers,  expert  lawyers,  if  you  please, 
along  the  line  of  rate  making,  and  along  the  line  of  the 
powers  (^  the  States  to  make  rates.  Now  then,  in  order 
to  meet  these  expert  lawyers,  the  State  feels  that  they 
should  have  expert  lawyers  before  that  great  tribunal  to 
meet  the  arguments  of  these  great  lawyers  upon  that  ques- 
tion. As  I  understand  the  resolution  of  the  gentleman  from 
South  Carolina,  it  is  to  assure  the  governors  of  the  differ- 
ent States  and  the  people  of  the  different  States  that  we 
are  in  thorough  and  hearty  accord  with  that  purpose.  If 
that  is  all  that  the  resolution  means,  and  that  is  all  I 
understand  it  means,  it  seems  to  me  there  can  be  no  objec- 
tion to  its  passage. 

Mr.  Hering.  of  Maryland.  I  do  not  think  that  it  would 
be  a  wise  thing  for  this  association  to  adopt  the  resolution 
of  the  gentleman  from  South  Carolina.  Indeed,  I  think  It 
was  very  questionable  action  upon  the  part  of  the  conven- 
tion of  governors  to  take  the  action  they  did  in  reference 
to  this  matter,  and  which  is  referred  to  by  the  report 
which  we  have  just  adopted.  I  think  this  association  has 
gone  as  far  as  it  ought  to  go  by  the  adoption  of  this  report 
as  touching  the  matter  that  is  in  the  mind  of  the  gentleman 
from  South  Carolina,  and  which  he  brings  forward  in  his 
resolution.    We  have  already  adopted  a  report  which  says: 

Our  instructions  from  the  executive  committee  indicate  tlie 
vital  imi>ortanee  of  the  cases  which  will  be  discussed  before 
the  Supreme  Court  of  the  United  States — the  Minnesota  rat« 
case  and  the  Kentucky  rate  case.  The  Importance  of  the 
questions  involved  is  manifest,  and  it  is  encouraging  to 
note  that  tliey  ai-e  realized  to  be  of  such  consequence  that 
at  a  recent  covernors'  convention  a  committee  was  appointed 
to  intervene  before  the  Supreme  Court  of  the  United  States 
in  a  ple:i  of  protest  against  judicial  sanction  (of  the  proposi- 
tion) that  the  State  authorities  shall  not  have  the  power  to 
regulate  their  intrastate  rates.  The  proposition  cannot  be 
inagnifled  in  point  o.f  seriousness,  tor  if  the  Supreme  Court 
.sustains  tlie  position  taicen  by  .Judge  Sanborn  our  scheme  of 
government,  which  has  existed  in  its  dual  capacity  for  more 
than  a  century  and  a  quarter,  will  be  but  an  historic  incident, 
and  the  genltis  of  those  who  fashioned  our  form  of  govern- 
ment  will   be  discredited. 

Now,  I  think  that  that  is  quite  as  much  of  a  deliverance 
as  the  association  ought  to  make;  indeed,  I  think  it  is  a 
little  stronger  than  we  should  have  made,  but  I  voted,  how- 
ever, for  the  adoption  of  this  report.  I  am  not  in  favor  of 
this  association  taking  the  action  indicated  by  this  resolu- 
tion, because  I  think  it  is  not  wise.  As  I  said  before,  I 
think  it  was  a  questionable  action  upon  the  part  of  the 
board  of  governors.  I  think  it  is  a  very  Indelicate  thing, 
when  a  matter  is  to  be  passed  upon  by  a  tribunal,  for  any 
body  of  men  or  any  Individual  man  to  indicate  anything 
that  would  affect  the  conclusions  to  be  reached  by  that 
tribunal.     Therefore,  having  these  views  and  thinking  we 


Proceedings  of  tuk 


Twenty-Third  Annual  Convention 


73 


have  already  gone  far  enough,  I  venture  the  hope  that  the 
association  will  not  adopt  the  resolution  of  the  gentleman 
from  South  Carolina. 

Mr.  P-\TTON-.  of  Oklahoma.  As  a  lawyer,  I  feel  the  adop- 
tion of  this  resolution  will  be  almost  an  insult  to  the  dig- 
nity and  the  integrity  of  our  Supreme  Court.  I  do  not 
think  it  would  be  wise  policy  to  adopt  a  resolution  of  this 
character.  I  want  to  make  a  motion  as  a  substitute  for 
the  pending  resolution,  namely,  that  this  association,  by 
its  president,  name  a  committee  of  five  mei^bers  to  draft 
a  brief  to  be  filed  in  the  Minnesota  rate,  case-tind  embody 
In  that  brief  all  the  arguments  that  might  be  presented 
by  this  resolution  or  by  any  other  character  of  action  we 
might  take.  I  think  that  would  be  the  sensible  method  of 
going  about  the  matter.  I  want,  therefore,  to  make  the 
motion  that  five  members  of  this  association  be  appointed 
by  the  president  to  draft  a  brief  to  be  filed  in  the  Minne- 
sota rate  case. 

Mr.  Richards,  of  South  Carolina.  I  would  like  to  say 
just  a  word  or  two  in  addition  to  what  I  have  already  said. 
I  indorse-  every  word  that  has  been  said  by  the  distin- 
guished gentleman  from  Georgia.  Nothing  was  further 
from  my  purpose  than  to  utter  one  word  that  could  be  or 
would  be  construed  by  the  members  of  this  association  or 
anyone  else  as  a  reflection  upon  the  Supreme  Court  of  the 
United  States.  I  submit  that  it  Is  a  strained  construction 
that  the  gentleman  from  Oklahoma  puts  upon  the  language. 
I  defy  him,  or  anyone  else,  In  reading  that  resolution,  to 
show  one  word  of  reflection  upon  anyone.  To  say  that  we,  the 
representatives  of  the  great  States  from  which  we  hail,  into 
whose  hands  the  responsibility  is  given  of  regulating  rates, 
In  convention  assembled,  cannot  say  by  simple  resolution 
that  we  agree  with  the  distinguished  governors  who  have 
recently  met,  in  calling  upon  the  Supreme  Court  of  the 
United  States  to  determine  this  much-mooted  question,  is 
an  insult,  is  not  my  own  conception  of  the  construction  of 
our  government. 

An  appeal  from  one  court  to  another  an  insult!  Why, 
we  are  invited  to  appeal — from  our  magistrate  to  our  Cir- 
cuit Court,  from  our  Circuit  Court  to  the  Circuit  Court  of 
the  United  States,  and  from  there  to  the  greatest  tribunal, 
a.s  the  gentleman  from  Georgia  has  said,  upon  the  face  of 
the  earth— the  Supreme  Court  of  the  United  States.  I  sub- 
mit that  I  would  be  among  the  last  members  of  this  associa- 
tion to  utter  one  word  reflecting  upon  the  Supreme  Court 
of  the  United  States  or  upon  any  of  our  courts.  Has  not 
everyone  of  us  heard  of  mistakes  made  by  Circuit  Court 
judges?  Have  any  of  our  Circuit  Court  judges  ever  been 
reversed  by  the  Supreme  Court  of  the  United  States.  Are 
we,  as  American  citizens,  for  fear  that  we  may  stamp  upon 
the  toes,  to  use  that  common,  homely  expression,  of  some 
high  dignitary,  not  to  be  permitted  to  appeal  to  the  court 
of  last  resort?  I  submit  that  this  is  one  of  the  most  vital 
questions  the  Association  of  Railroad  Commissioners  could 
possibly  have  before  it.  The  very  existence,  the  very  life 
of  the  railroad  commissions  of  the  various  States  is  in- 
volved in  this  petition.  Every  governor  In  that  convention, 
including  the  governor  of  South  Carolina,  voted  for  a  simi- 
lar resolution  or  for  similar  action.    That  is  the  record. 

Are  those  gentlemen  to  be  charged  with  undertaking  to 
reflect  upon  the  courts  of  the  United  States  simply  because 
they  have  a  vital  interest  that  they  call  upon  the  court  to 
pass  on?  As  the  gentleman  from  Georgia  has  well  and 
forcibly  said,  the  biggest  attorneys  in  America  are  called 
upon  to  represent  these  railroads  before  the  Supreme  Court. 
Cannot  the  State  employ  as  able  attorneys  as  it  is  possible 
for  them  to  secure  to  represent  their  Interests  before  this 
court?  Cannot  the  railroad  commissioners  in  convention 
assembled  say  that  they  sympathize  heartily  with  the  ac- 
tion of  the  governors  in  taking  this  matter  up  to  our 
highest  tribunal  for  proper  adjudication?  That  is  the 
closing  sentence  of  the  resolution — proper  adjudication. 

I  submit  that  nothing  was  further  from  me  than  to  cast 
a  reflection  upon  anyone,  but  my  desire  was  simply  to 
declare  to  the  country  that  we,  too,  were  in  sympathy  with 
the  movement,  and  to  see  that  prior  to  the  decision  of  the 
Supreme  Court  this  matter  has  been  properly  presented 
to  it. 

Mr.  Br.BBY.  of  Illinois.  We  have  announced,  on  page  4 
of  the  report  of  the  committee  on  legislation,  a  great  prin- 
ciple, and  all  of  us  have  voted  for  it.  It  is  as  strong  as  I 
want  to  vote  for,  but  I  voted  for  it.  Now,  it  seems  to  me 
If  we  are  going  to  do  anything,  let  us  do  it  like  a  lot  of 


lawyers  would  if  they  had  a  lot  of  private  clients.  Our 
report  on  page  4,  in  the  principles  there  enunciated,  states 
very  clearly  that  the  States  are  interested  in  the  proposi- 
tion now  before  the  Supreme  Court  in  the  Minnesota  rate 
case.  If  a  private  client  would  come  to  any  of  our  attor- 
neys along  these  lines,  saying  that  conditions  had  arisen 
where  he  had  become  very  much  interested  in  the  general 
result  of  an  important  lawsuit,  he  would  employ  us,  and  wo 
would  say  to  the  client,  "The  proper  thing  to  do  is  to  go 
in  and  get  leave  to  interplead  and  file  our  brief  in  the  case." 
I  think  we  have  made  a  strong  enough  statement  on 
page  4  to  justify  the  railroad  commissioners  of  the  United 
States  in  taking  that  position.  I  do  not  think  the  Su- 
preme Court  could  find  any  fault,  but  I  do  not  believe 
it  is  wise  for  us  to  resolute  against  something  being  done 
when  as  lawyers  we  would  do  something  else.  I  am 
heartily  in  favor  of  the  motion  made  by  the  gentleman 
from  Oklahoma,  if  we  do  anything.  I  am  not  quite  sure 
about  doing  anything,  but  if  we  do  it,  let  us  do  it  like 
a  lot  of  lawyers  would — appoint  a  committee  and  ask  leave 
to  interplead  and  then  file  our  brief,  on  the  theory  we  are 
interested  in  the  case  and  should  be  made  defendants 
before  they  pass  on  us.  That  is  the  way  it  strikes  me. 
Every  State  is  interested  not  only  in  the  question,  as  said 
by  the  gentleman  from  South  Carolina,  that  it  reads  out 
our  job — that  is  a  minor  proposition  [laughter] — but  we 
are  interested  because  of  the  great  principles  involved  for 
which  we  stand  and  for  which  our  States  stand. 

Therefore  I  think,  that  having  adopted  this  report  of  the 
committee  on  legislation,  this  body  fould  with  great  pro- 
priety appoint  a  committee  to  ask  leave,  in  a  proper  way, 
to  file  a  brief  in  the  case,  setting  up  our  ideas  about  the 
whole  matter;  in  other  words,  presenting  our  views  to  the 
Supreme  Court  of  the  United  States.  It  seems  to  me  that 
is  the  way  to  do  it,  and  the  dignified  way  to  do  it.  Let 
us  either  go  into  court  over  our  record  as  a  commission 
and  as  an  association  or  let  us  keep  our  hands  off  it  en- 
tirely. 

Mr.  Benton,  of  New  Hampshire.  I  merely  desire  to 
suggest  that  this  question  is  before  this  Association  of 
Railroad  Commissioners,  and  the  action  which  we  take  is 
going  out  to  the  people  of  this  country  as  indicative  of  the 
disposition  of  this  association  upon  the  great  question 
which  is  before  the  United  States  Supreme  Court  in  the 
case  to  which  -^-e  are  referring.  There  is  not,  so  far  as 
I  have  discovered  since  I  came  to  this  convention,  the 
slightest  difference  of  opinion  among  the  members  of  the 
various  commissions  with  regard  to  the  question  involved 
in  that  case  and  with  regard  to  its  effect  upon  the  inter- 
ests of  the  several  States  which  the  various  commissions 
are  constituted  to  protect.  There  is  not,  I  believe,  any 
difference  of  opinion.  Some  remarks  that  have  been  made 
might,  perhaps,  indicate  it,  but  I  think  there  is  no  general 
difference  of  opinion  on  the  part  of  the  members  of  this 
convention  as  to  the  absolute  propriety  of  the  action  of 
the  house  of  governors  in  appointing  a  committee,  as  they 
did,  to  appear  before  the  Supreme  Court  of  the  United 
States,  as  they  will  appear,  to  see  that  the  rights  of  the 
States  and  the  effect  which  the  ultimate  decision  of  that 
case  will  have  upon  the  interests  of  the  several  States  are 
wholly  presented  to  that  tribunal. 

I  suggest  it  will  be  most  unfortunate  if  the  action  of 
this  association  upon  the  matter  that  Is  now  before  It 
should  be  such  that  word  should  go  out  to  the  people  of 
this  country  that  this  association,  by  a  vote  passed  by  it 
after  full  discussion,  had  in  effect  reproved  the  house  of 
governors  for  the  action  which  was  taken;  and  for  that 
reason  I  suggest  that  either  the  resolution  which  was  of- 
fered originally  or  the  resolution  which  was  offered  as  a 
substitute  by  the  gentleman  from  Oklahoma,  but  which 
has  not  been  seconded,  or  some  other  resolution  should  be 
passed.  I  care  not  what  the  resolution  is,  provided  It 
is  couched  in  respectful  language  which  cannot  be  con- 
strued as  a  reflection  upon  the  Supreme  Court  of  the 
United  States  or  any  intimation  as  to  what  the  judgment 
of  that  tribunal  ought  to  be;  but  I  do  maintain  that  some 
resolution  which  cannot  possibly  be  construed  into  a 
reflection  upon  t^  --  action  of  the  governors  of  the  States 
of  this  Union  shall  be  taken  by  this  association. 

I  arose  with  the  purpose  of  submitting  a  substitute 
resolution  v^hich  may  possibly  be  acceptable  to  the  gentle- 
man from  South  Carolina,  and  which  may  possibly  be  so 
phrased   that  it  cannot  be  construed   even  by  the  most 


74 


National  Association  op  Eailway  Commissioners 


^ 


sensitive  as  reflecting  upon  the  Supreme  Court  or  In- 
timating wliat  the  final  judgment  of  that  tribunal  should  be. 
I  offer  this  resolution  without  any  extreme  desire  that  this 
particular  resolution  shall  be  adopted,  because,  as  I  have 
said,  I  have  no  particular  preference  for  this,  but  with  the 
desire  of  putting  in  concrete  form  before  the  convention 
a  resolution  which  shall,  as  I  thinlf,  properly  voice  the 
prevailing  disposition  of  this  convention.  I  offer  as  a 
substitute  the  following: 

Resolved,  That  this  convention,  recognizing  the  extreme 
Importance  to  the  people  of  the  nation  of  the  preservation 
of  the  full  constitutional  powers  of  the  several  States  in  the 
regulation  of  railroad  rates  wholly  within  their  borders,  and 
having  absolute  confidence  in  the  wisdom  of  the  ultimate  Judg- 
ment of  the  Supreme  Court  of  the  United  States  in  any  case 
which  is  fully  presented  to  that  tribunal,  approves  of  the 
action  of  the  house  of  governors  in  the  appointment  of  a  com- 
mittee to  file  a  brief  in  the  Minnesota  rate  case,  so-called, 
to  the  end  that  the  case,  so  far  as  It  affects  the  several  States, 
mav  be  fully  presented  to  the  Supreme  Court  of  the  United 
States. 

Mr.  Richards,  of  South  Carolina.  My  purpose  in  intro- 
ducing the  resolution  was  to  have  some  favorable  action 
taken  by  the  Association  of  Railroad  Commissioners.  I 
am  in  no  way  tied  to  this  particular  resolution  or  the  par- 
ticular resolution  which  I  introduced.  I  am  perfectly  will- 
ing to  accept  the  resolution  of  the  gentleman  from  New 
Hampshire,  if  preferable  to  this  body.  I  only  wish  and 
desire,  as  I  said  a  moment  ago,  that  we  go  upon  record 
and  that  the  American  people  may  know  that  we,  too,  are 
alive  to  the  seriousness  of  the  situation  and  that  our 
sympathy  is  extended  to  those  gentlemen  who  are  leading 
in  the  fight. 

Mr.  Patton,  of  Oklahoma.  I  want  to  ask  the  gentleman 
from  New  Hampshire  if  his  resolution  contemplates  the 
appointment  of  a  committee  of  five  members  of  this  asso- 
ciation for  the  purpose  of  presenting  a  brief  to  the  United 
StatJS  Supreme  Court? 

Mr.  Benton,  of  New  Hampshire.  That  provision  Is  not 
Included  in  my  resolution,  but  it  can  be  easily  added  by 
amendment,  and,  it  offered,  I  will  be  glad  to  accept  it. 

Mr.  Patton,  of  Oklahoma.  Will  you  accept  that  amend- 
ment? 

Mr.  Benton,  of  New  Hampshire.    I  will. 

Mr.  Patton,  of  Oklahoma.  Then  I  am  willing  to  accept 
the  substitute. 

Mr.  Richards,  of  South  Carolina.  I  accepted  the  resolu- 
tion, but  not  as  carrying  the  appointment  of  a  committee 
of  five  attorneys.  It  is  presumed  the  congress  of  gov- 
ernors have  ample  and  sufficient  counsel  to  represent 
the  States  in  the  case,  and  I  do  not  see  any  necessity 
for  hiring  five  additional  attorneys  in  this  matter.  I  am 
opposed  to  that  feature  of  the  resolution. 

Mr.  Patton,  of  Oklahoma.  I  think  the  gentleman  from 
South  Carolina  misconstrues  my  original  motion.  My 
Idea  was  in  the  beginning  that  a  resolution  which  we 
might  adopt  here  would  have  no  judicial  consideration  by 
the  Supreme  Court,  and  any  ideas  we  might  entertain 
could  only  be  presented  by  a  brief.  My  motion  did 
not  contemplate  the  hiring  of  additional  lawyers  or  any- 
t^jing  of  that  kind.  I  think  we  have  among  the  members 
of  this  association  rate  lawyers  or  railroad  lawyers  as 
eminent  as  can  be  found  any  place  in  the  country,  and 
the  respective  States  from  which  they  are  named,  I  am 
stire,  would  pay  all  expenses  of  the  members  of  the  com- 
mittee that  might  be  named  under  this  resolution  of  the 
gentleman  from  New  Hampshire.  I  am  sure  our  Mr. 
Henshaw  would  be  glad  to  serve  on  that  committee  from 
Oklahoma,  and  he  is  one  of  the  very  best  rate  lawyers 
in  the  country;  and  I  am  willing  to  pledge  Oklahoma 
for  the  payment  of  all  expenses  that  might  be  Incurred 
on  that  account  in  his  employment  or  appointment  as  a 
member  of  that  committee. 

Mr.  Benton,  of  New  Hampshire.  Of  course,  I  recognize 
I  have  no  control  over  the  resolution  which  is  accepted 
by  the  gentleman  from  South  Carolina,  he  having  ac- 
cepted it  as  a  substitute  for  his  resolution,  and  I  pre- 
sume the  gentleman  from  Oklahoma  can,  it  he  so  de- 
sires, amend  the  resolution  by  offering  an  amendment 
providing  for  the  appointment  of  the  committee,  and 
that  feature  can  be  determined  by  vote  of  the  convention. 

Mr.  Gothlin,  of  Ohio.  It  strikes  me  that  the  gentleman 
from  Oklahoma  has  entirely  mistaken  the  intention  and 
misunderstood  the  scope  of  the  resolution.  If  I  under- 
stand  it,   it   is  merely  to  indorse  the  action  of  the  house 


of  governors.  If  he  wishes,  in  the  form  of  an  independ- 
ent proposition,  to  offer  his  idea  that  this  association 
appoint  a  committee  to  intervene  and  present  briefs, 
that  is  a  separate  and  distinct  proposition  altogether  that 
can  be  acted  on  separately.  Let  us  take  one  thing  at 
a  time.  There  is  just  one  Idea  in  this  substitute  reso- 
lution offered  by  the  gentleman  from  New  Hampshire, 
and  that  is  merely  that  this  association  extend  to  the 
governors  its  approval  of  the  action  of  the  governors. 

Mr.  Patton,  of  Oklahoma.  I  will  withdraw  my  motion 
and  will  present  a  separate  motion  when  this  original 
motion  is  disposed  of. 

Mr.  Hudson,  of  Florida.  When  I  arose  a  few  minutes 
ago  and  failed  to  receive  recognition  it  was  to  take  a 
position  which  is  scarcely  necessary  now,  because  the 
matter  has  been  practically  settled. 

It  does  seem  to  me  that  the  original  motion  is  inad- 
visable. We  ought  to  proceed,  as  suggested  by  the  gen- 
tleman from  Oklahoma,  and  the  gentleman  from  Illinois, 
as  lawyers  would  proceed.  It  is  common  enough  in  the 
reports  of  the  Supreme  Court,  in  their  official  published 
reports,  to  find  that  Mr.  Smith  and  Mr.  Jones  appeared 
for  the  appellants,  and  someone  else  for  the  appellee, 
and  Mr.  Brown  as  amicus  curiae.  I  think  the  proper 
way  to  proceed  here  is  to  adopt  exactly  the  language 
the  lawyers  would  adopt  and  that  the  court  would  ex- 
pect the  lawyers  to  adopt.  If  the  house  of  governors 
had  simply  directed  that  committee  to  appear  as  amici 
curiae,  there  probably  would  have  been  no  criticism  and 
no  disposition  upon  the  part  of  the  court  to  feel  that  any 
affront  was  intended.  That,  as  I  understand  it,  is  prac- 
tically the  effect  of  the  resolution  now  offered  by  the 
gentleman  from  New  Hampshire,  that  it  is  perfectly 
proper  to  appear  In  that  capacity,  and  If  so,  to  Indorse 
such  an  appearance,  and  I  simply  wish  to  express  the 
opinion  now.  There  is  a  decorum  of  court  and  a  de- 
corum of  church  and  a  decorum  of  the  parlor.  If  1 
go  into  a  court  room  I  am  expected  to  express  my  views 
In  open  court  to  the  court,  and  If  I  go  outside  to  express 
my  views  to  the  judge  as  to  how  he  ought  to  decide  a 
case,  I  am  laying  myself  liable  even  to  contempt  of  court. 
On  the  other  hand,  if  I  go  into  a  church  and  rise  to  ex- 
press my  views,  I  may  not  only  find  the  proceeding  ques- 
tioned, but  may  arouse  the  indignation  of  the  congrega- 
tion. We  ought  to  proceed  as  correctly  as  possible.  If  we 
undertake  to  act  by  resolution  about  a  thing  of  this  sort, 
it  may  possibly  be  construed  as  an  affront  to  the  court. 
On  the  other  hand,  if  we  proceed  in  an  orderly  manner 
and  indorse  the  appointment  of  the  committee,  we  are 
vithin  our  rights  and  are  proceeding  along  ordinary  lines. 

Mr.  Richards,  of  South  Carolina.  Does  not  the  resolu- 
tion wliich  I  offer  to  propose  to  undertake  just  exactly 
what  you  outline  should  be  done?  Do  you  not  know  it  to 
te  a  fact  that  the  action  proposed  by  the  governors  pro- 
ix>ses  this  identical  procedure,  this  proper  procedure,  this 
only  acceptable  procedure  that  you  state  should  be  fol- 
lowed? The  resolution  offered  simply  says  we  are  in  sym- 
pathy with  the  fight  those  gentlemen  are  making;  that  we 
are  in  sympathy  with  the  way  they  go  after  this  matter; 
that  we  are  in  sympathy  with  them  because  they  have 
taken  the  proper  procedure  and  are  taking  the  proper 
method  of  having  the  Supreme  Court  of  the  United  States 
pass  upon  this  question  as  it  should  be  passed  upon. 
That  is  all  my  resolution  does,  just  exactly  what  you 
argue. 

Mr.  Hudson,  of  Florida.    I  fully  appreciate  the  position 

of  the  gentleman  that  that  is  what  he  intends;  but  if 
the  gentleman  wants  my  frank  opinion  I  do  not  like  the 
language  of  his  resolution.  I  think  the  language  of  the 
resolution  does  not  express  appropriately  what  the  gen- 
tleman intends.  Sometimes  we  use  language  that  is  not 
understood  by  others  as  we  intend  it,  and  I  suspect  that 
is  possibly  the  case  In  this  instance.  At  any  rate,  I  do 
not  construe  the  language  used  in  that  resolution  as  the 
gentleman  seems   to  intend   it  shall  be  construed. 

Mr.  Sullivan,  of  Ohio.  We  can  settle  this  thing  with- 
out crossing  this  fellow  or  that  fellow.  1  want  to  second 
the  motion  of  my  friend  from  New  Hampshire.  In  my 
opinion  there  is  no  harm  in  backing  up  the  action  of  our 
governors.  This  can  be  settled  in  30  seconds  it  we  will 
vote  on  it.  I  am  not  ashamed  to  back  my  governor  up — 
not  a  bit.  He  was  in  this,  and  I  think  he  is  thoroughly 
competent  to  be  a  judge  as  to  what  should  go  in  it.     I 


Peoceedings  of  the  Twenty-Third  Annxtal  Conventiok 


<o 


am  here  ready  to  back  him  up,  and  I  want  to  second  the 
motion  as  a  separate  and  distinct  thing,  and  let  us  vote 
on  that  one  way  or  the  other. 

President  Btjbk.  As  a  substitute  for  the  resolution 
offered  by  the  gentleman  from  South  Carolina,  the  gentle- 
man from  New  Hampshire  has  proposed  a  resolution 
which  has  been  accepted  by  the  gentleman  from  South 
Carolina.  The  adoption  of  the  proposed  substitute  is 
the   question   upon   which   we  are  now  to  vote. 

Mr.  Stutsman,  of  South  Dakota.  May  we  l^ave  the  reso- 
lution read   again? 

Mr.  Benton,  of  New  Hampshire.  I  will  read  the  reso- 
lution again,  so  all  may  understand  it. 

Resolved,  That  this  convention,  recognizing  the  extreme 
importance  to  the  people  of  the  nation  of  the  preservation  of 
the  full  constittitional  powers  of  the  several  States  in  the 
regulation  of  railroad  rates  wholly  within  their  borders  and 
having  absolute  confidence  In  the  wisdom  of  the  ultimate 
Judgment  of  the  Supreme  Court  of  the  United  States  in  any 
case  which  is  fully  presented  to  that  tribunal,  approves  of 
the  action  of  the  house  of  governors  in  the  appointment  of  a 
committee  to  file  a  brief  In  the  Minnesota  rate  case,  so-called, 
to  the  end  that  the  case,  so  far  as  it  affects  the  several  States, 
may    be    fully   presented    to    the    Supreme    Court. 

Mr.  Hebing,  of  Maryland.  There  is  one  question  I 
would  like  to  ask  something  about.  This  is  a  substi- 
tute for  the  resolution  of  the  gentleman  from  South 
Carolina,  and,  I  understand,  is  accepted  by  him.  If  this 
substitute  is  rejected,  does  that  end  the  matter? 

The  Pbesident.  The  whole  question  falls,  then.  Thl« 
takes  the  place  of  the  original  resolution. 

Mr.  Hkbinq,  of  Maryland.  That  is  my  impression,  but  I 
wanted  to  be  entirely  clear  about  that,  as  to  whether  that 
was  correct.  Ordinarily  when  a  substitute  is  offered 
and  not  accepted  by  the  original  mover,  if  the  substitute 
fails,  the  original  proposition  comes  before  the  body; 
but  in  this  case  I  understand  the  gentleman  from  South 
Carolina  to  have  accepted  the  substitute,  and,  therefore, 
that  removes  his  resolution,  and  if  this  substitute  fails, 
that  settles  the  whole  subject. 

Mr.  Pkentis,  of  Virginia.  May  I  suggest  so  as  to  get 
the  record  accurate,  instead  of  saying  "the  Minnesota 
rate  case,  so-called,"  that  the  language  be  "the  cases 
involving  intrastate  rates."  There  are  four  or  five  of 
those  cases,  and  they  are  to  be  consolidated  and  are  to 
be  heard  together,  and  if  you  will  just  say  "the  cases 
Involving  intrastate  rates,"  instead  of  the  "the  Minnesota 
rate  case,  so-called,"  I  think  the  resolution  will  be  in  a 
little  better  form. 

Mr.  Benton,  of  New  Hampshire.  I  accept  that  change 
In  the  wording  of  the  resolution. 

Mr.  RiCHABDS,  of  South  Carolina.  That  Is  perfectly 
agreeable  to  me. 

The  motion  to  adopt  the  substitute,  as  amended,  was 
carried.     . 

rABTIAIi  BEFOBT  OF  EXECUTIVE  COMMITTEE. 

Mr.  GoTHLiN,  of  Ohio.    May  I  Introduce  a  resolution  or 

two  offered  by  the   executive  committee? 

As  the  members  of  the  association  will  recall,  the 
president's  address  was  referred  to  the  executive  com- 
mittee to  embody  and  present  to  this  association  proper 
resolutions.  As  to  several  of  those  recommendations  we 
are  not  yet  prepared.  I  have,  however,  two  to  offer, 
which  we  have  prepared,  and  these  resolutions  embody 
rrconimendatioDs  of  the  president,  and  are  as  follows: 

Hesolved,  That  the  committee  designated  as  "the  com- 
mittee on  classification  of  operating  and  construction  ex- 
penses of  steam  railways"  be  abolished  and  the  work  of  that 
committee  be  assigned  to  the  committee  on  statistics  and 
accounts. 

Resolved,  That  the  committee  designated  as  "the  com- 
mittee on  classification  of  operating  and  construction  ex- 
penses of  electric  railways"  be  abolished  and  the  duties  of 
that  committee  be  assigned  to  the  committee  on  accounts  and 
statistics   of    electric   railways. 

I  move  the  adoption  of  those  resolutions. 

The   motion  was   carried. 

The  President.  The  next  committee  report  In  order  Is 
the  report  of  the  committee  on  statistics  and  accounts, 
ot  which  Mr.  Commissioner  Meyer,  of  the  Interstate 
Commerce  Commission,  is  chairman. 

Mr.  Yapp,  of  Minnesota.  I  have  been  requested  by  Mr. 
Meyer  to  present  this  report. 


REPORT    OF   THE    COMMITTEE    ON    STATISTICS   AND 
ACCOUNTS. 

This  committee  begs  to  submit  the  following  report: 

ASSIGNMENT  OP  BEVENUES  AND  EXPENSES  BY  STATE  LINES. 

Concerning  this  subject  the  committee  has  adopted  the 
resolution  agreed  to  by  the  old  committee  on  April  29, 
1911,  which  reads  as  follows: 

Whereas  the  Joint  committee  composed  of  the  standing 
committee  on  railroad  statistics  (of  the  National  Associa- 
tion of  Railway  Commissioners)  and  a  subcommittee  of  th» 
committee  on  corporate,  fiscal,  and  general  accounts  (of  the 
Association  of  American  Railway  Accounting  Oflicers)  have 
on  several  occasions  in  Joint  conference  discussed  the  formu- 
lation of  rules  for  the  assignment  of  revenues  and  expenses  by 
State   lines;    and 

Whereas,  as  the  result  of  these  discussions,  the  Joint  com- 
mittee is  unanimously  of  the  opinion  that  in  view  of  the 
great  variety  of  practices  on  the  part  of  the  carriers  and 
of  local  conditions  it  is  not  possible  at  this  time  to  arrive  at 
a  satisfactory  set  of  rules  for  the  purpose  named;  be  it 

Resolved  by  the  Joint  committee,  That  It  is  not  feasible  at 
this  time  to  attempt  the  formulation  of  such  rules,  and  that 
each  association  for  whom  the  respective  committees  stand 
be  requested  to  report  this  conclusion,  accompanying  the  re- 
spective reports  with  such  explanatory  statements  as  will 
malce  clear  the  basis  of  the  conclusions  reached,  but  at  the 
same  time  expressing  their  willingness  to  take  up  the  question 
at  some  future  time.  If  so  requested  by  their  respective  as- 
sociations. 

The  committee  expects  by  vigorous  action  to  be  able 
to  submit  to  the  convention  of  1912  a  report  of  progress 
that  will,  if  possible,  embody  a  proposed  plan  relating 
to  the  division  of  operating  earnings  and  expenses  by 
State  lines. 

ANNUAL  BEPOBT  FOBMS  FOR  EXPRESS  COMPANIES  FOB  STATE  USE. 

The  committee  has  had  before  it  the  resolution 
passed  by  the  National  Association  of  Railway  Commis- 
sioners at  its  twentieth  annual  convention,  which  requests 
it  to  prepare  and  submit  to  the  next  convention  a  uni- 
form report  blank  to)  be  used  by  express  companies  in 
making  their  annual  reports  to  State  railway  commissions 
and  to  investigate  and  report  the  best  methods  for  di- 
viding the  earnings  and  -expenses  of  express  companies 
by  State  lines.  It  has  not  been  possible,  however,  for  the 
present  committee  to  give  the  detailed  attention  to 
this  question  that  its  Importance  demands,  but  it  expects 
to  do  so  during  the  coming  year,  and  hopes  to  submit  at 
the  next  convention  a  report  showing  progress.  It  is  the 
opinion  of  the  members  of  the  committee  that  much 
more  information  must  be  gathered,  with  a  great  deal 
ot  additional  experience  with  the  accounts  and  reports  of 
express  companies,  before  it  can  be  in  a  position  tp 
prescribe  a  formal  report  which  will  be  equally  accept- 
able to  the  States  and  to  the  Federal  Government.  The 
difficulty  encountered  pertains  to  the  rules  for  assigning 
revenues  and  expenses  by  State  lines,  and  it  Is  respect- 
ing this  feature  of  the  uniform  report  that  your  com- 
•  ntittee  asks  further  time.  Questions  involved  in  this 
assignment  are  now  under  discussion  in  quite  a  number 
of  cases  before  the  courts.  Many  of  the  State  commis- 
sions are  engaged,  directly  or  indirectly,  upon  the  busi- 
ness of  the  express  companies.  This  being  the  case,  it 
seems  the  part  of  wisdom  not  to  move  too  hastily  in  this 
matter,  but  to  defer  final  action  until  the  peculiar  char- 
acter of  the  express  service  and  the  peculiar  relation  of 
express  companies  to  other  transportation  agencies  are 
made  entirely  clear. 

ANNUAL  BEPOBT  FOBMS  FOB  STEAH  BOADS  FOB  STATE  USE. 

It  is  recommended  that  the  present  blank  reports  for 
steam  roads  for  State  use  be  amended  by  inserting,  in 
addition  to  page  45,  an  extra  page,  so  as  to  give  the 
operating  earnings  of  the  whole  lines  in  detail. 

CLASSIFICATION  OF   CLAIMS. 

The  matter  of  the  classification  by  commodities  and 
by  causes  of  the  amounts  paid  by  carriers  for  claims  for 
loss  and  damage  to  freight  has  been  the  subject  of  con- 
ference between  committees  of  the  Freight  Claim  Associa- 
tion and  the  Association  of  American  Railway  Accounting 
Officers  on  the  one  hand,  and  Prof.  Henry  C.  Adams, 
representing  the  Interstate  Commerce  Commission,'  on 
the  other,  and  while  progress  has  been  made  no  con- 
clusions have  yet  been  reached. 

It    is     recommended     that    the     Interstate     Commerce 


76 


National  Association  of  Railway  Commissioners 


^ 


Commission,  tlirougli  its  representative,  continue  the  con- 
ferences with  the  carriers'  representatives  and  endeavor 
to  perfect  a  classification  of  claim  payments,  and  that 
•uch  classification  be  prescribed  by  said  commission  and 
the  State  Railway  commissions  for  the  government  of 
carriers  in  keeping  their  accounts  and  in  rendering  their 
statistical  reports  in  both  annual  and  monthly  form. 

ANNUAL  PEELIMINAKT  ABSTRACT  OF  KEPOBTS  EENDEBED  BY  PRIN- 
CIPAL   OPERATING    STEAM    RAILWAY    COMPANIES. 

Your  committee  has  learned  that  the  Interstate  Com- 
merce Commission  has  decided  to  publish  annually  a 
preliminary  abstract  of  the  reports  rendered  by  the 
principal  operating  steam  railway  companies.  It  is 
proposed  to  confine  this  abstract  to  companies  whose 
gross  operating  revenues  for  the  year  were  in  excess 
of  $10,000,000,  and  the  commission  expects  to  have  the 
abstract  in  printed  form  ready  for  distribution  early  in 
December  of  each  year.  It  is  expected  that  the  first 
abstract  will  be  issued  in  December,  1911.  This  com- 
mittee has  always  appreciated  the  necessity  of  having 
a  publication  of  this  nature,  and  it  is  gratified  to  know 
that  the  Interstate  Commerce  Commission  has  taken 
definite   action    in   the   matter. 

TELEPHONE  AND  TELEGRAPH  COMPANIES. 

The  last  convention  adopted  the  resolution  of  the 
executive  committee  that  this  committee  should  give 
attention  to  the  subject  of  the  statistical  reports  made 
by  telephone  and  telegraph  companies.  This  matter  has 
been  taken  up  by  the  Interstate  Commerce  Commission, 
which  has  in  course  of  preparation  a  uniform  system  of 
accounts  for  telephone  and  telegraph  companies,  and  it 
is  hoped  to  have  this  system  in  such  shape  as  to  enable 
Its  promulgation  to  be  effective  on  January  1,  1912.  In 
the  meantime,  it  is  proposed  to  obtain,  as  a  special 
report,  the  statistics  of  these  companies  for  the  year 
ending  December  31,  1911,  based  upon  the  accounts  of 
the  companies  as  they  have  been  kept  under  the  systems 
in  use  by  the  several  companies.  It  is  proposed  to  re- 
quire from  these  companies  at  the  close  of  the  calendar 
year  1912  the  first  annual  report  upon  the  basis  of  the 
uniform  classifications  of  accounts. 

B.  H.  Meyer,  Chairman. 
M.  R.  Maltbie,  New  York. 

C.  A.  Radcliffe,  Ohio. 
Thos.  Yapp,  Minnesota. 

C.  I.  Sttibgis,  of  the  Associa- 
tion of  American  Railway 
Accounting  OfiBcers. 

Mr.  Yapp,  of  Minnesota.  Mr.  President,  as  a  member  of 
this  committee  I  should  like  to  say  we  have  been  a 
little  handicapped  this  last  year  by  the  fact  of  really 
having  two  chairmen  and  two  committees.  The  first 
committee  met  under  Prof.  Adams  in  February,  1911, 
which  was  followed  by  the  resignation  of  Prof.  Adams 
from  the  statistical  department  of  the  Interstate  Com- 
merce Commission,  and  he  was  succeeded  by  a  new 
chairman.  Prof.  Meyer,  Interstate  Commerce  Commis- 
sioner, together  with  an  entirely  new  committee,  and 
this  committee  only  met  a  few  weeks  ago;  but  we  hope 
to  present  at  the  next  convention  something  substantial 
to  work  upon. 

I  would  like  to  say  another  word  or  two  with  refer- 
ence to  the  annual  reports.  A  few  weeks  ago  I  had 
occasion  to  look  over  the  State  reports  and  the  inter- 
state reports,  and  I  have  come  to  the  conclusion  that 
the  interstate  report  could  be  so  modified  and  extended 
by  changing  a  few  pages  as  to  make  it  both  an  Inter- 
state report  and  a  State  report.  The  advantages  that 
would  be  derived  from  that  would  be  that  it  would 
be  the  means  of  giving  to  the  Interstate  Commerce  Com- 
mission all  the  details  of  the  business,  and  would  be 
giving  the  State  all  details  of  the  interstate  business. 

The  second  point  would  be  that  It  would  do  away 
with  probably  printing  over  2,000  copies  of  the  State 
reports.  Last  year  there  were  33  States  which  used 
these  reports,  which  necessitated  printing  over  4,000 
copies.  This  could  be  cut  in  two  If  that  could  be 
accomplished. 

The  third  point  would  be  that  It  would  relieve  the 
railroad  companies  from  writing  up  over  2,000  of  these 
State  reports. 


It  would  facilitate  matters  for  all  of  us  if  this  can 
be  accomplished,  and  it  seems  to  me  this  is  a  good  time 
to  call  the  matter  to  the  attention  of  the   committee. 

The  President.  Is  it  the  intention,  in  preparing  these 
forms,  to  do  what  the  convention  requested  last  year? — 
that  is  to  say: 

Mr.  Montgomery,  of  Georgia.  I  would  omit  that  recom- 
mendation (referring  to  Prof.  Adams's  report)  and  add  a 
paragraph  to  the  eftect  that  I  have  Just  stated — that  the 
blanks  shall  show  the  same  analysis  of  interstate  and  Intra- 
state trafflc;  omit  that  recommendation  of  the  committee  to 
the  eftect  that  this  report  be  confined  to  state  trafflc  as 
distinct  from  interstate  trafl^c,  and  Insert  one  that  the  report 
shall  contain  an  analysis  of  both  intrastate  and  Interstate 
traffic. 

Prof.  Adams  promised  to  amend  his  report  in  that 
particular  and  prepare  forms  for  the  future  along  that 
line — that  is,  to  give  both  the  interstate  business  and 
the  intrastate  business  and  to  complete  the  analysis  en 
State  lines.  I  find  the  form  has  not  been  prepared- in 
that  way.  Is  it  the  purpose  of  your  committee  to  go 
into  that   detail,   so   we   will   get  that   information? 

Mr.  Yapp,  of  Minnesota.  The  point  is  this:  The  Old 
form  which  was  given  us  four  or  five  years  ago  was  net 
found  adequate  to  meet  the  State  needs.  The  committee 
met  and  decided  to  make  certain  changes  on  certain 
pages  so  as  to  give  the  States  the  necessary  data.  Thst 
has  been  done,  and  I  think  this  is  the  first  year  thi 
reports  have  the  extra  pages  in.  The  railroads  hav3 
already  appeared  before  our  commission  and  asked  :f 
we  wanted  them  to  go  back  and  work  up  12  month! ' 
business  so  as  to  include  those  pages.  "We  said  nc , 
but  that  in  subsequent  years  we  shall  expect  all  that 
information.  Here  is  the  same  thing  again  in  th ) 
report  which  I  have  just  read,  calling  for  an  extr  v 
addition  in  page  45,  so  as  to  give  us  all  the  informatio:: 
80   far   as   the   interstate  end   of  it  is   concerned. 

The  President.  The  point  I  want  to  know,  as  a  con 
mlssloner,  is  this:  I  want  the  railroad  company  t 
report  to  my  commission  its  entire  business.  I  wan 
the  Interstate  business  and  I  want  the  intrastate  bus! 
ness  and  then  I  want  it  separated  by  State  lines,  am 
then  I  want  an  analysis  of  each,  and  I  want  to  knoi; 
If  you  go  to  that  extent. 

Mr.  Yapp,  of  Minnesota.  The  form  Is  going  to  be  p"r« 
pared  which  shall  get  uniform  reports,  which  will  b' 
applicable  to  State  and  interstate  business;  but  it  doe 
not  go  so  far  as  to  separate  operating  expenses,  freigh 
from  passenger,  or  the  intrastate  from  the  interstate 
business.  You  are  confusing  two  things,  I  believe.  Thi 
annual  reports  to  the  State  commissions  and  the  Inter 
state  Commerce  Commission  are  one  thing  entirely,  am 
it  is  to  get  those  amalgamated  so  they  shall  contaii 
both  the  State  and  Interstate,  so  far  as  reporting  ii 
concerned;  but  it  does  not  go  Into  the  separation  of  tht 
operating  expenses  between  freight  and  passenger,  o 
between  interstate  and  intrastate  expenses.  It  is  th< 
cost  accounting  that  you  are  thinking  of. 

Mr.  Niles,  of  New  Hampshire.  Before  we  act  on  th' 
report,  I  should  like  to  get  a  little  clearer  idea  of  wha 
the  report  is  on  that  point.  As  I  understand  it,  th( 
committee  does  not  discourage  the  practice  of  separat 
ing  accounts  so  as  to  show  interstate  and  intrastat< 
earnings  and  expenses,  but  simply  report  they  havt 
been  unable  to  agree  on  any  uniform  basis  to  us< 
throughout  the  country  for  that  purpose.  When  w< 
told  the  railroads  of  New  Hampshire  they  had  to  d( 
that,  they  flashed  back  at  us  the  previous  report  o 
this  committee  as  disapproving  that  practice,  and,  as 
read  that  report,  it  simply  was  to  the  effect  that  thej 
were  still  unable  to  agree  upon  any  uniform  method  o 
accomplishing  it,  but  that  they  approve  the  principle 
and  I  want  to  make  it  very  clear  that  this  report  it 
of  the  same  notion.  We  have  ordered  them  to  do  this 
and  it  is  in  force  at  this  time  in  New   Hampshire. 

The  President.  It  seems  to  me  if  we  could  get  thai 
report  in  print  and  have  it  before  us  to-morrow  it  woul(3 
be  a  good  thing.  It  is  one  of  the  most  important  things 
before  the  convention.  I  was  disappointed  that  the  ides 
discussed  last  year  was  not  carried  into  effect  by  Pro 
fessor  Adams,  and  I  want  to  be  certain  now,  before  w« 
act  on  this  matter,  whether  the  idea  that  I  have  in  mini 
is  carried  into  this  report. 

Mr.  Yapp,  of  Minnesota.  What  I  have  called  your  atten 
tion    to    is    the    desirability    to    make    one    report    do    in 


Proceedings  of  the  Twenty-Third  Annual  Conventiox 


77 


stead  of  two,  which  should  embody  all  the  data  and 
serve   for   both   the    State    aud    Interstate   commissions. 

The  Pkesident.  I  do  not  care  whether  we  have  one 
report  or  two  reports,  but  the  report  we  do  get  I  want 
to  contain  a  statement  of  the  road's  interstate  and 
intrastate  business,  and  I  want  an  analysis  of  each  by 
State  lines  and  a  separation  of  the  business,  so  we 
will  know  what  sort  of  bottom  it  is  standing  on.  I 
am  speaking  of  both  classes  of  business — the  earnings 
and  the  expenses — and  I  am  speaking  also  of  the  separa- 
tion of  the  classes  of  business;  that  is,  l^he  passenger 
business  and  the  freight  business,  and  that  as  to  both 
State    and   Interstate. 

Mr.  Yapp,  of  Minnesota.  I  want  to  state  that  some 
four  years  ago  there  was  a  tentative  classification  of 
operating  expenses  which  was  presented  to  this  con- 
vention; in  other  words,  getting  the  operating  ex- 
penses into  the  States.  To  correspond  to  that  we 
have  been  unable  at  the  present  time  to  agree  upon 
what  basis  the  earnings  have  got  to  be  divided,  the 
mileage  prorate  not  being  considered  an  equitable  basis 
between  the  States,  for  the  reason  that  the  operating 
expenses,  most  of  which  at  the  present  time,  according 
to  the  latest  accounting,  are  allocated  or,  in  other  words, 
charged  up  to  each  State,  so  a  mileage  prorate  of 
earnings  would  not  be  a  fair  division.  Up  to  this  time 
we  have  been  unable  to  determine  what  ■  is  the  proper 
method  of  division.  I  hope  by  this  time  next  year  to 
come  forward  and  say  what  the  committee  has  agreed 
upon. 

Mr.  GoTHLiN,  of  Ohio.  I  move  this  report  be  made  a 
special  order  for  10  o'clock  to-morrow  morning  and  that 
it  be  printed  and  distributed  in  the  meantime. 

The  motion  was  carried. 

FUBTHEB  PARTIAL  BEPOBT  OF  THE  EXECUTIVE  COMMITTEE. 

Mr.  Deckeb,  of  New  York.  As  most  of  the  members  of 
the  association  here  present  know,  we  have  been  au- 
thorizing Mr.  H.  B.  Meyers,  of  Chicago,  to  print  a  book 
containing  not  only  the  proceedings  of  the  convention, 
but  a  compilation  of  Federal  and  State  laws  and  such 
other  matter  as  constitutes  a  sort  of  souvenir  edition. 
He  has  only  been  able  heretofore  to  get  out  one  book. 
For  the  past  two  years,  at  least,  he  has  been  engaged 
upon  another  book,  and  owing  to  considerations  pertain- 
ing to  his  health,  which  has  been  very  bad,  he  has 
been  unable  to  do  the  work.  He  finds  that  he  cannot 
individually  continue  in  that  work  and  has  made  a 
tentative  arrangement  with  the  Traffic  Service  Bureau 
of  Chicago,  and  he  desires  that  the  resolution  which 
we  have  been  passing  each  year  be  again  passed,  to  the 
following  effect: 

Whereas  the  National  Association  of  Railway  Commis- 
sioners, heretofore  in  convention  assembled,  authorized  Mr. 
H.  B.  Meyers,  of  Chicago,  to  publish  the  proceedings  of  this 
association  with  a  compilation  of  both  Federal  and  State  laws, 
and  also  the  decisions  of  both  Federal  ,ind  State  courts  ren- 
dered In  reference  to  the  public  supervision  of  common-car- 
rier corporations;   and 

Whereas,  by  virtue  of  the  authority  so  given,  the  said  H. 
B.  Meyers  has  assembled  the  data  and  published  In  a  slngU 
volume  the  proceedings,  laws,  and  decisions  aforesaid  In  most 
convenient  form,  copies  of  which  have  been  furnished  the 
members  of  this  association,  and  was  found  to  be  a  good 
work  of  estimable  value  to  the  members  of  this  association 
and   all   concerned    In    transportation    matters:    and 

Whereas  the  first  edition  of  said  publication  Is  entirely 
exhausted,  and  the  Traffic  Service  Bureau,  publishers  of  the 
TrafBc  World  and  Traffic  Bulletin,  have  become  associated 
with  said  H.  B.  Meyers  in  the  work  of  preparing  and  pub- 
lishing new  editions  of  said  publication  as  required  by  this 
association;   therefore  be  It 

Resolved.  That  this  association  cordially  Indorses  this  pub- 
lication and  authorizes  the  said  Traffic  Service  Bureau,  In 
conjunction  with  said  H.  B.  Meyers,  to  continue  the  said  publi- 
cation by  another  edition  in  connection  with  the  convention, 
adding  thereto  new  laws  which  may  have  been  enacted  and 
new  decisions  which  may  have  been  made  by  both  Federal  and 
State  courts  up  to  July  1,  1911:  Provided.  That  said  pub- 
lication Is  made  without  cost  to  this  association  or  any  of 
Its  members,  and  shall  be  delivered  free  to  each  member  of 
this   association   by   February   1,    1912. 

That  is  the  resolution.  In  effect,  which  we  have 
passed  each  year  for  the  past  two  or  three  years.  I 
move   the  adoption  of  the   resolution. 

The  motion  was  carried. 

Mr.  Deckeb,  of  New  York.  Two  years  ago,  Mr.  Meyers, 
with  commendable  ambition,  conceived  the  idea  that  a 
monthly  publication  containing  the  rulings,  orders,  and 
decisions    of   both    the    State    and    Federal    railway    com- 


missions, and  also  the  decisions  of  both  State  and  Federal 
courts  rendered  in  reference  to  public  supervision  of 
common  carriers,  would  be  a  highly  valuable  publica- 
tion, and  it  was  indorsed  by  this  convention.  For  the 
same  reasons  which  actuated  Mr.  Meyers  In  associating 
himself  with  the  Traffic  Service  Bureau  in  relation  to 
the  so-called  souvenir  book,  he  now  desires  to  have 
the  aid  of  the  Traffic  Service  Bureau  in  really  bringing 
out  that  publication — a  monthly  publication  containing 
all  of  the  rulings  and  decisions  of  the  Federal  com- 
mission and  of  the  State  commissions,  and  to  put  a 
price  of  at  least  |3  per  annum  upon  that  monthly  publi- 
cation. Two  years  ago  this  was  indorsed  by  this  asso- 
ciation. Its  value,  of  course,  need  not  be  further  dis- 
cussed. The  executive  committee  has  prepared  the  fol- 
lowing resolution: 

Whereas  H.  B.  Meyers,  of  Chicago,  has  heretofore  asked 
leave  of  the  National  Association  of  Railway  Commissioners 
to  print  and  publish  a  monthly  publication,  to  contain  the 
rulings,  orders,  and  decisions  of  both  the  State  and  Federal  rail- 
way commissions  and  also  the  decisions  of  both  State  and  Fed- 
eral courts  rendered  in  reference  to  the  public  supervision  of 
common -carrier  corporations  and  has  associated  himself  with 
the  Traffic   Service  Bureau:   and 

Whereas  said  publication  would  be  a  goo^  magazine  of 
estimable  value  to  the  members  of  this  association  and  all 
others   concerned  In   transportation   matters;   therefore   be   It 

Resolved,  That  this  association  cordially  indorses  this  pub- 
lication, and  hereby  authorizes  the  Traffic  Service  Bureau.  In 
conjunction  with  said  H,  B.  Meyers,  to  print  and  publish  a 
monthly  publication  to  be  issued  on  the  first  of  each  and 
everv  month,  to  be  known  and  published  as  the  official  Journal 
of  this  association  and  designated  by  the  name  "Public  Service 
Regulation,"  or  some  other  equally  suitable  name,  and  which 
is  to  contain  In  alphabetical  order  the  rulings,  orders,  and  de- 
cisions of  both  the  State  and  Federal  railway  commissioners 
and  public  commissions,  and  also  the  decisions  of  both  State 
and  Federal  courts  rendered  In  reference  to  the  public  super- 
vision of  common-carrier  corporations  and  other  public-service 
corporations. 

That  this  association  hereby  recommends  to  Its  members 
that  they  give  such  publication  its  full  support  and  cooperation, 
and  that  they  furnish  or  cause  to  be  furnished  the  required 
rulings,  orders,  and  decisions  to  be  published  therein.  "This 
authorization  is  upon  the  express  understanding  that  no  por- 
tion of  the  cost  of  publishing  such  publication  Is  to  be  charge- 
able to  this  association  or  any  ol"  Its  members  beyond  a  sub- 
scription prhce  of  ?3  per  annum;  that  the  first  number  of  said 
publication  shall  be  Issued  January  1.  1912,  and  that  the  said 
publication  shall  not  contain  any  editorial  articles  nor  the 
expression  of  views  by  Individuals  other  than  public  officials, 
but  may  present  the  reports  of  proceedings  In  full  or  sum- 
mary form  of  civic  associations,  shippers'  organizations,  rail- 
road and  other  public  service  corporation  association  meetings, 
proceedings  before  legislative  committees,  the  debates  and 
action  of  legislative  bodies  respecting  legislation  pending  from 
lime  to   time,   and  any  matters  of  interest  as   news. 

I  move  the  adoption  of  this  resolution. 
The  motion  was  carried. 

INDOBSEMENT  OF  ACTION  OP  STATES  IN  FILING  BRIEFS  IN  INTRA- 
STATE BATE  CASES. 

Mr.  Patton,  of  Oklahoma.  Since  consultation  with  some 
members  of  the  association  relative  to  the  appointment 
of  a  committee  to  draft  and  file  its  brief  in  the  intra- 
state rate  cases,  I  desire  to  recede  from  the  former 
Idea,  owing  to  the  fact  that  there  are  now  being  pre- 
pared three  briefs,  as  follows:  One  by  the  attorneys- 
general  of  the  various  States  Interested,  Involved  In 
rate  litigation  before  the  Supreme  Court  of  the  United 
States  and  subordinate  Federal  courts,  one  by  the  at- 
torneys-general of  the  mid-western  States,  eight  States, 
I  believe,  joining  in  that  brief,  and  one  by  the  com- 
mittee representing  the  house  of  governors. 

From  the  fact  that  so  many  briefs  are  already  being 
filed,  I  believe  it  is  better  to  present  the  views  of  this  asso- 
ciation in  the  manner  that  is  contemplated  by  this  resolu- 
tion which  I  desire  to  read: 

Bo  It  resolved  by  the  National  Association  of  Railway 
Commissioners  In  convention  assembled,  that  Its  hearty  In- 
dorsement Is  given  to  the  action  of  the  railway  commissions 
of  the  eight  mid-western  States  in  preparing  and  filing  a  brief 
as  amici  curiae  In  the  Minnesota  rate  cases  in  the  Supreme 
Court  of  the  United  States,  and  the  representatives  of  the 
said  commissions  are  hereby  requested  to  embody  this  resolu- 
tion In  their  said  brief. 

I  move  the  adoption  of  this  resolution. 

The  motion  was  carried. 

report      of      committee      on      cab      SEBVICE.      nEMUBRAGE      AND 
BECIPBOCAL   DEMTJBBAGK   MADE   SPECIAL  OBDEB. 

Mr.  WiNGFiELD,  of  Virginia.  I  wish  to  present  the  report 
of  the  committee  on  car  service,  demurrage,  and  recip- 
rocal demurrage.  I  move  that  the  report  be  made  a  special 
order  for  2  o'clock  this  afternoon. 

The  motion  was  carried. 


78 


National  Association  of  Eailway  Commissionees 


^ 


Upon  motion,  the  convention,  at  12:35  o'clock  p.  m., 
took  a  recess  until  2  o'clock  p.  m. 

AFTER  RECESS. 

The  convention  resumed  its  session  at  2  o'clock  p.  ra., 
at  the  expiration  of  the  recess,  and  was  called  to  order  by 
President  Burr. 

Mr.  Decker,  of  New  York.  With  reference  to  the  report 
of  the  committee  on  statistics  and  accounts  and  the  matter 
which  was  talked  about  this  morning,  at  the  end  of  the 
reading  of  that  report,  I  understand  from  members  of  the 
committee  that  It  Is  preferable  the  matters  referred  to  in 
the  president's  address  and  mentioned  again  this  morning 
should  be  referred  to  the  incoming  committee.  As  there 
is  nothing  in  the  report  which  contains  recommendations 
or  prescribes  rules,  I  move  that  the  report  be  received  and 
printed,  and  that  the  part  of  the  president's  address  which 
refers  to  statistical  matters  be  referred  to  the  incoming 
committee. 

The  motion  was  carried. 

The  President.  The  next  in  order  is  the  special  order 
for  the  consideration  of  the  report  of  the  committee  on 
car  service,  demurrage,  and  reciprocal  demurrage. 

Mr.  WiNGFiELD,  of  Virginia.  On  behalf  of  the  committee, 
I  present  the  report.  As  you  know,  it  was  Impracticable 
to  get  this  large  committee  together  in  advance  of  the 
meeting  of  the  association.  We  held  a  meeting  the  first 
night  here,  discussing  the  questions  involved,  and  ap- 
pointed a  subcommittee  of  five.  The  subcommittee  has 
agreed  on  a  report  unanimously,  and  we  have  seen  all  of 
the  gentlemen  who  are  present,  with  the  exception  of  Mr. 
Sague  and  Mr.  Campbell. 

This  is  not  a  new  subject  before  this  association.  It 
was  very  carefully  considered  as  to  one  phase  at  the  ses- 
sion of  1909,  upon  the  report  of  Commissioner  Lane,  and 
the  code  of  demurrage  rules  reported  by  him  was  adopted. 

It  is  with  much  gratification  that  we  report  the  adoption 
of  the  uniform  code  upon  interstate  traffic  in  the  New 
England  States.  This  has  been  effected  since  our  last 
meeting  and  after  two  years  of  agitation.  It  may  now  be 
reported,  therefore,  that  owing  to  the  effort  of  this  asso- 
ciation there  obtains  to-day  what  is  tantamount  to  a  uni- 
form code  of  car-demurrage  rules  from  the  Atlantic  to 
the  Pacific  and  from  Canada  to  the  Gulf  upon  all  interstate 
traffic.  Inasmuch  as  the  New  England  States  generally 
gave  4  days'  free  time,  and  on  some  commodities  as  much 
as  10  days'  free  time,  we  cannot  but  regard  the  bringing 
of  this  territory  under  the  uniform  code  as  a  matter  of  the 
greatest  Importance  to  the  rest  of  the.  country,  which  often 
suffered  from  lack  of  equipment  to  move  traffic  while  cars 
in  this  territory  were  allowed  a  period  of  detention  which 
■was  unnecessary  and  discriminatory. 

As  to  intrastate  trafllc,  this  code  of  rules  has  been 
adopted  in  only  about  one-third  of  the  States  of  the  Union, 
but  there  are  a  number  of  other  States  with  similar  rules 
in  force.  Some  suggested  amendments  to  this  code  of 
rules  have  been  brought  to  the  attention  of  this  committee, 
but  these  amendments  seem  only  to  relate  to  modifications 
needed  to  meet  special  conditions  In  one  or  more  of  the 
States,  and  as  it  is  within  the  power  of  the  State  commis- 
sions to  make  these  needed  modifications,  and  as  this  code 
of  rules  governs  practically  all  Interstate  business,  the  com- 
mittee declines  to  recommend  any  change  or  amendment 
to  the  said  code  of  rules,  with  the  following  exceptions: 

From  such  information  and  facts  as  we  have  been  able 
to  obtain  in  the  matter  it  appears  to  us  that  rule  9,  the 
so-called  average  rule  of  the  uniform  code,  would  tend  to 
promote  even  greater  efliciency  in  car  movements  and 
would  become  even  more  equitable  to  all  concerned  than 
Is  now  the  case,  if  it  was  so  amended  that  the  credits 
earned  on  any  kind  or  class  of  freight  cars  could  be  used 
in  offsetting  debits  accrued  on  any  other  kind  or  class  of 
freight  cars.  For  these  reasons,  we  recommend  that  sub- 
dlvlsibn  "C"  of  said  section  9  in  the  uniform  code  be 
either  repealed  or  so  amended  that,  for  the  purposes  of 
this  section,  all  the  freight  cars  be  placed  in  only  one 
class.  We  wish  to  call  the  attention  of  the  ofliicers  and 
members  of  the  American  Railway  Association  to  this  rec- 
ommendation and  earnestly  hope  it  will  receive  their  seri- 
ous consideration. 

It  has  come  to  our  attention  that  there  is  an  inclination 
on  at  least  a  part  of  the  carriers  to  withdraw  from  or  to 
abolish  the  so-called   demurrage  bureaus.     These   bureaus 


were  established  by  the  carriers  themselves  largely  for  the 
purpose  of  promoting  car  efficiency  and  of  preventing  un- 
just discrimination  as  between  shippers.  While  these 
bureaus  are  somewhat  costly  to  maintain  and  tend  to  in- 
crease the  oiierating  expenses  of  the  carriers  they  have 
also  been  found  quite  effective  for  the  purposes  for  which 
they  were  intended.  On  the  whole  it  seems  to  us  that 
these  bureaus  fill  an  important  and  legitimate  place  in  the 
transportation  service,  and,  under  present  conditions,  we 
cannot  regard  with  favor  any  movement  or  action  that 
might  result  In  their  discontinuance.  We  hope  they  will 
be  continued  in  operation  at  least  until  replaced  by  some 
equally  effective  methods  for  handling  the  work  for  which 
they  were  created. 

The  second  phase  of  this  question  relates  to  the  use 
of  cars  as  between  carriers.  The  practice  that  a  car  when 
once  loaded  shall  pass  to  its  destination  over  successive 
roads  has  good  reason  for  Its  existence  in  that  it  facilitates 
the  business  of  transportation  and  is  thus  beneficial  to  the 
public.  That  such  cars  should  be  returned  promptly  to 
the  road  owning  the  cars  Is  the  general  principle,  but  en- 
forcement of  that  principle  in  the  past  has  been  left  to  the 
American  Railway  Association,  which  has  adopted  car- 
service  rules,  each  road  having  its  own  car  accountant  and 
submitting  disputes  to  an  arbitration  committee.  The 
American  Railway  Association  has  put  into  effect  per  diem 
rules  governing  the  settlement  for  the  use  of  freight  cars. 
This  per  diem  rate  has  varied  at  different  times.  At  pres- 
ent it  is  30  cents  per  day  for  five  months  of  the  year — 
March  to  July,  inclusive — and  35  cents  per  day  for  the  re- 
maining seven  months.  This  per  diem  charge  seems  very 
moderate,  about  covering  the  interest  of  the  value  of  the 
car  and  deterioration.  While  the  principle  of  regulation 
might,  if  the  occasion  arose,  be  exercised  by  the  Inter- 
state Commerce  Commission  and  by  the  State  commis- 
sions, as  to  this  matter  of  return  of  cars  to  the  owning 
roads,  there  does  not  seem  to  be  any  occasion  at  this  time 
to  exercise  said  power  of  regulation,  and  therefore  the 
committee  recommends  that  the  matter  be  left  to  be  con- 
trolled by  the  roads  themselves  through  the  American 
Railway  Association,  as  has  been  in  the  past. 

The  third  phase  of  the  question  of  car  service  is  ex- 
pressed by  what  is  known  as  reciprocal  demurrage — by 
which  it  is  understood  first,  that  a  charge  of  penalty  be 
imposed  upon  the  carrier  for  failure  to  furnish  cars  for 
loading  within  a  given  time  after  order  is  placed;  second, 
that  a  charge  be  imposed  for  unreasonable  delay  in  the 
movement  of  freight.  Some  15  or  more  States  have  re- 
ciprocal demurrage  rules,  for  the  most  part,  adopted  by 
the  State  railway  commissions  in  pursuance  of  legislative 
enactment.  In  some  States  the  idea  of  heavy  penalties 
upon  the  carrier  failing  to  discharge  its  public  obligations 
prevails.  The  committee  disapiiroves  of  the  imposition 
of  heavy  penalties.  While  it  would  seem  to  be  proper 
to  require  the  carrier  to  pay  the  shipper  a  reasonable 
amount  to  cover  his  damages  incurred  by  the  delay  of 
carrier,  we  think  it  is  unwise  to  impose  heavy  penalties-. 

With  this  suggestion,  the  committee  considers  that  it  is 
best  for  this  association  to  refer  the  question  of  reciprocal 
demurrage  to  the  consideration  of  the  Interstate  Commerce 
Commission  and  to  the  different  State  commissions  to  take 
^uch  action  with  reference  to  the  adoption  of  rules  gov- 
erning reciprocal  demurrage  as  after  investigation  and 
consideration  may  be  found  best.  This  committee  is  not 
in  position  now  to  recommend  a  code  of  reciprocal  de- 
murrage rules,  not  having  sufficient  information  upon  which 
to  base  a  recommendation. 

Your  committee  recommends  that  a  new  committee  of 
seven  members  be  appointed  to  consider  this  whole  sub- 
ject and  report  to  the  next  session  of  the  association. 

Mr.  WiNGFiBLD,  of  Virginia.  I  move  the  adoption  of  the 
report. 

Mr.  Robinson,  of  South  Dakota.  I  just  want  to  say  a 
word  upon  this  demurrage  question.  I  was  on  this  com- 
mittee and  met  with  them  several  times,  and  also  with  the 
subcommittee.  On  the  whole  I  approve  the  report,  as  it 
may  result  in  some  good  if  the  Interstate  Commerce  Com- 
mission worked  with  the  State  commissions.  It  is  purely 
a  local  question.  I  am  under  the  impression  that  the  only 
way  the  demurrage  laws  can  be  made  effective  is  through 
the  States.  It  is  utterly  impossible  for  the  Interstate  Com- 
merce Commission  to  take  any  measures  that  will  effectu- 
ally govern  and  control  demurrage.  I  believe  we  are  up 
against,  as  I  understand   from   the  lawyers,  a  decision  of 


Proceedings  of  the  Twentt-Thihd  Annual  Convention 


70 


the  courts  that  interstate  shipments  are  under  the  con- 
trol of  the  Interstate  Commerce  Commission. 

In  the  northwestern  country,  where  we  have  had  for 
30  years,  every  year  except  4,  a  car  famine  for  about  4 
months  during  the  year,  almost  the  entire  part  of  those 
shipments  are  interstate  shipments.  Under  that  decision 
the  State  commissions  would  have  no  power  whatever. 
Hence  the  necessity  for  a  new  law  and  a  decision  so  that 
we  can  regulate  those  locally,  which  is  the  only  way  they 
can  be  regulated.  As  to  reciprocal  demurri^e,  we  have 
had  that  law  in  our  State  a  number  of  years,  and  I  will 
say  to  the  convention  that  has  worked  well.  We  had  in- 
terests in  our  State  that  were  causing  discrimination.  This 
has  helped  the  situation,  and  we  have  had  less  trouble 
with  demurrage  than  we  had  prior  to  the  enactment  of 
that  law. 

All  questions  of  this  nature,  in  my  opinion,  after  an 
experience  of  a  great  many  years  with  shipments,  must 
be  governed  by  the  States  under  local  organizations  and 
cannot  effectually  be  governed  by  the  Interstate  Commerce 
Commission.  In  the  northern  States  to-day  there  are 
hundreds  of  cars,  where  fruit  is  being  peddled  out,  re- 
maining on  the  track,  against  this  demurrage  rule,  for 
days;  and  coal  the  same  way.  If  it  was  a  local  matter, 
it  could  be  attended  to;  but  now  it  is  not,  and  your  rule.s 
and  your  laws  in  relation  to  this  matter  are  void  or  prac- 
tically so,  under  the  supervision  of  the  Interstate  Com- 
merce Commission,  although  this  report,  as  I  understand 
It,  considers  that  the  several  commissions  shall  work  in 
harmony.    Is  that  correct? 

Mr.  WiNOFiEiD,  of  Virginia.    Yes,  sir. 

Mr.  Robinson,  of  South  Dakota.  With  that,  I  accept  the 
report. 

The  Pkesident.  You  do  not  understand  that  the  State 
commissions  can  fix  reciprocal  demurrage  on  an  inter- 
state shipment,  do  you? 

Mr.  Robinson,  of  South  Dakota.    No;  I  do  not. 

The  President.  Well,  now,  you  say  that  this  matter  Is 
local  and  ought  to  be  taken  care  of  by  the  State  commis- 
sions. How  is  the  State  commission  going  to  fix  reciprocal 
demurrage  in  an  amount  similar  to  that  charged  against 
the  shipper  without  a  change  in  the  law? 

Mr.  Robinson,  of  South  Dakota.  That  Is  the  point. 
There  must  be  a  change  in  our  constitutional  law  so  as 
to  give  the  State  control  entirely.  That  is  what  I  re- 
marked in  the  first  place;  that  we  were  up  against  a  de- 
cision by  the  Supreme  Court,  as  I  understand  it,  that  pre- 
vents the  State  commissions  having  entire  control.  I  be- 
lieve the  State  commission,  when  a  car  passes  the  line  of 
the  State,  should  have  entire  control  as  to  demurrage,  and 
as  to  accidents,  too.  It  is  the  only  way  they  can  be  gov- 
erned practically,  and  I  say  that  from  a  practical  stand- 
point and  from  an  experience  of  years. 

Mr.  Stutsman,  of  North  Dakota.  Is  is  true  that  the 
courts  have  held  that  the  State  commissions  have  no 
jurisdiction  in  the  matter  of  reciprocal  demurrage  on  inter- 
state traffic? 

Mr.  Robinson,  of  South  Dakota.  I  understand  that  to 
be  the  case.  I  may  be  mistaken.  I  am  not  a  lawyer.  I 
am  simply  a  business  man,  but  I  understand  from  the  law- 
yers that  that  is  the  case.  They  can  tell  you  probably 
better  than  I  can. 

Mr.  Mcknight,  of  Arkansas.  There  are  some  things 
with  regard  to  demurrage  that  I  would  like  to  mention.  I 
claim  to  be  a  practical  shipper.  The  situation  is  this: 
You  order  a  car.  There  is  arr  unlimited  time  practically 
in  which  to  furnish  that  car.  When  you  load  it  there  is 
an  unlimited  time  to  move  it  after  you  have  loaded  it. 
When  it  reaches  destination  there  is  no  unlimited  time  in 
which  you  must  unload  it.  That  is  practically  so  with  my 
shipments.  The  question  of  demurrage  is  the  question 
that  will  move  cars  and  furnish  to  the  world  that  means 
of  transportation  which  nothing  else  will  furnish. 

If  we  should  say  to  the  railroad  companies  when 
we  order  a  car,  "You  must  furnish  that  car  within  a 
limited  time" — now,  our  State  pretends  to  say  this,  but 
it  says  five  days,  from  7  o'clock  the  following  morning. 
Then,  if  you  unload  the  car  at  destination  within  15 
minutes  after  it  arrives  there  is  no  good  time  allowed 
you.  But  if  you  fail  to  unload  it  within  48  hours,  from 
7  o'clock  the  following  morning,  you  are  taxed  a  rate — 
not  $5  a  day,  as  provided  by  law,  but  $1  a  day.  Unwisely, 
when  the  demurrage  bill  of  our  State  was  enacted  In 
1907,   they   put   that   provision   in   there    of   reciprocal   de- 


murrage at  the  rate  of  $5  a  day.  We  found  upon  trying 
to  enforce  that  law  that  it  made  it  very  bad  upon  those 
who  failed  to  get  their  cars  unloaded  or  transported  in 
that  length  of  time  to  get  them  to  destination  and 
unloaded   there.     It  has   never  been   enforced. 

It  covered  also  the  interstate  proposition  that  the 
gentleman  spoke  about  over  there.  Our  Supreme  Court 
has  decided  that  so  far  as  an  interstate  shipment  is 
concerned  the  Arkansas  law  is  valid.  I  believe  the 
proper  thing  to  do  with  the  demurrage  proposition  is 
this,  so  far  as  I  see  it:  Give  good  time  to  a  shipper 
if  he  unloads  the  car  in  one  day.  Give  him  good 
time  on  the  next  car  if  he  unloads  it  in  one  hour.  If 
you  allow  him  a  certain  time  to  unload  the  car  and 
he  does  not  get  it  unloaded  within  that  time,  he  does 
not  get  good  time,  I  believe  it  will  help  move  cars  and 
stop  this  congested  condition  of  car  service.  Now, 
the  legislation  along  that  line  in  our  State  I  admit  is 
wrong.  Mve  dollars  is  too  much.  I  believe  $1  is  a 
sufficient  amount  of  demurrage  for  a  car.  I  do  be- 
lieve there  ought  to  be  in  connection  with  the  demurrage 
proposition  a  transportation  proposition. 

I  have  on  my  desk  reference  to  a  condition  of 
this  kind  where  railroad  companies  have  taken  from 
six  to  eight  days  to  move  a  car  50  or  60  miles,  and 
when  I  called  their  attention  to  it,  one  of  the  traffic 
managers  said  to  me,  only  a  day  or  two  ago,  "Don't 
you  think  that  six  days  is  a  reasonable  time  to  move 
a  car  52  miles?"  I  plainly  answered  him,  "No;  I  do 
not  think  that  six  days  is  a  reasonable  time."  I  thought 
one  day  or  a  day  and  a  half  at  least  ought  to  be  a 
reasonable  time.  Now,  we  have  statistics  to  show  this, 
gentlemen,  in  the  movement  of  freight.  With  all  of 
our  fast  transportation  lines  it  absolutely  takes  longer 
to-day  to  get  freight  over  the  railroads  than  it  did  in 
the  days  of  the  canal  and  the  mule.  Statistics  show 
that  very  thing.  I  very  often  told  them  when  I  was 
in  the  shipping  business,  "Gentlemen,"  I  said,  "I  can 
take  a  deadhead  team  of  oxen  and  move  this  stuff  on 
a  barge  faster  than  it  is  being  done  by  the  fast  railroads 
of  our  State."  That  has  been  so  until  recently.  It 
is  getting  somewhat  better,  I  aln  willing  to  admit. 

The  transportation  proposition  has  a  good  deal  to 
do  with  the  demurrage  proposition,  and  the  demurrage 
proposition  has  altogether  to  do  with  the  condition  of 
car  service,  with  cars  not  being  sufficient  to  take  care 
of  the  traffic,  and  their  being  held  up,  as  the  gentle- 
man has  said.  Some  northeastern  States  hold  them 
probably  for  10  days.  If  you  hold  them  over  48  hours 
in  our  State  you  pay  a  dollar  a  day,  and  I  do  not  object 
to  that.  The  only  thing  is  when  carpenters  and  mill 
men  stand  waiting  for  weeks  and  weeks  for  ca^s,  and 
then  when  they  are  placed  on  the  track  they  must  un- 
load them  or  load  them  within  the  next  48  hours. 

I  would  like  to  see  reciprocal  demurrage,  and  to  see 
it  strictly  enforced;  also  good  time.  I  am  a  great 
advocate  of  good  time.  If  a  man  hurries  up,  let  him 
have   it  on   his  next  car. 

The  Pkesident.  The  question  before  the  convention  Is 
the  adoption  of  the  report. 

The   motion   was   carried. 

Mr.  Sullivan,  of  Ohio.  I  move  that  the  committee  on 
grade  crossings  and  trespassing  on  railroads  be  reduced 
in  number  to  seven. 

The  motion  was   carried. 

The  President.  We  are  ready  to  hear  the  report  of  the 
committee  on   safety   appliances. 

Mr.  KiLPATKiCK,  of  Illinois.  At  the  request  of  the  chair- 
man of  the  committee  I  will  read  the  report  of  this 
committee. 

KEPORT   OF    COMMITTEE    ON    SAFETY   APPLIANCES. 

Since  the  last  convention  of  this  association  there 
have  been  important  developments  in  the  field  of  Federal 
regulation  to  promote  safety  in  railway  operation.  Two 
measures  noted  in  the  report  of  your  committee  on 
safety  appliances  have  become  effective. 

UNIFOBM   APPLICATION   OF    SAFETY   APPLIANCTS. 

Under  the  act  of  Congress  of  April  14,  1910,  the 
Interstate  Commerce  Commission  on  March  13,  1911, 
issued  an  order  designating  the  number,  dimensions, 
location    and    manner    of    application    on    freight    cars. 


80 


National  Association  of  Eailway  Commissioners 


ladders,   grab   irons,   sill  steps,  running  boards   and   hand 
brakes. 

This  order,  when  fully  complied  with,  will  be  a  great 

advance   toward   uniformity    in    the   equipment  of   freight 

cars.     The   uniform  equipment  of  all   freight  cars    with 

these    appliances    will    provide    additional    and  necessary 
safeguards  to  employes. 

ACCIDENT  INVESTIGATIONS. 

This  association  last  year  gave  its  indorsement  to 
the  act  providing  for  the  investigation  of  railroad  acci- 
dents by  the  Interstate  Commerce   Commission. 

The  work  of  investigation  under  this  law  began  on 
July  1,  1911.  Within  a  short  time  thereafter  the  occur- 
rence of  a  number  of  serious  passenger-train  derail- 
ments, with  appalling  consequence  of  death  and  injury 
to  passengers,  called  into  action  the  force  of  skilled 
investigators  established  by  the  Commission. 

Reports  submitted  on  some  of  the  most  important 
of  these  recent  wrecks  have  already  demonstrated  that 
thl^  law  will  prove  an  important  factor  in  giving  national 
publicity  to  the  underlying  causes  of  railroad  accidents. 

Two  railroad  wrecks  with  grave  consequences  have 
occurred  where  high-speed  trains  were  required  to 
take  crossovers.  Two  more,  in  one  of  which  many  lives 
were  lost  from  a  fire  resulting  from  the  wreck,  were 
caused  by  gross  carelessness  in  permitting  trains  to 
pass  without  flagging  over  tracks  which  were  unsafe 
because  of  changes  in  grade  and  alignment  of  rails  wjiich 
were  going  on   at  the   time. 

This  identity  of  causes  when  called  to  the  attention 
of  the  railroads,  of  the  public  and  of  Congress,  ought 
to  lead  without  delay  to  the  institution  of  safeguards 
against  accidents  from  these  particular  causes  in  the 
future. 

These  recent  disastrous  railroad  wrecks  indicate  the 
necessity  of  radical  reforms  in  the  practices  and  methods 
of  railroad  operation.  There  is  still  a  field  for  sys- 
tematic regulation  which  will  safeguard  against  the 
disobedience  of  rules  and  orders  which  may  he  only 
perfunctorily  called  to  the  attention  of  the  employe 
who  proves  to  be  responsible. 

No  chance  of  danger  to  life  in  railroad  travel  should 
be  permitted  to  exist  which  can  be  eliminated  by  liberal 
expenditure    for    mechanical    safeguards. 

Rules  and  orders  should  be  so  plain  in  all  cases  that 
they  cannot  be  misunderstood.  And  where  any  possi- 
bility exists  for  misinterpretation  or  even  disobedience 
of  rules  or  order  any  mechanism  which  the  art  of 
modern  railroading  makes  available  should  be  made 
use  of  by  the  carrier  and  even  made  a  matter  of  legal 
compulsion. 

The  law  requiring  the  Interstate  Commerce  Com- 
mission to  investigate  the  causes  of  railroad  accidents 
and  report  to  Congress  thereon  places  a  grave  burden 
upon  that  body.  This  responsibility  it  has  assumed  with 
a  distinct  purpose  to  aid  in  the  great  work  of  securing 
additional  legislation  which  shall  materially  minimize 
the  volume  of  accidents  on  American  railroads. 

In  this  work  it  can  confidently  rely  upon  the  co-opera- 
tlon  and  assistance  of  the  State  railroad  Commissioners, 
many  of  whom  for  a  long  period  have  had  experience 
In  accident  investigation.  Indeed,  the  accident-Investiga- 
tion law  points  out  that  Congress  intended  that  there 
should  be  such  co-operation  between  the  Interstate  Com- 
merce  Commission   and  the   State   railroad   commissions. 

The  law  provides  that  in  all  cases  where  it  Is  prac- 
ticable, any  hearing  upon  the  causes  of  a  particular 
wreck  may  be  held  jointly  with  the  State  railroad  com- 
mission. 

BOILEB  INSPECTION, 

The  urgent  request  of  railroad  employes,  par- 
ticularly the  locomotive  engineers  and  firemen,  for 
legislative  protection  against  accidents  caused  by  de- 
fective locomotive  boilers  and  appurtenances  led  to 
the  passage  of  the  act  of  Congress  of  February  17,  1911, 
providing  for  Federal  Inspection  of  locomotive  boilers. 

In  this  respect,  again.  Congress  was  following  In  the 
steps  of  many  of  the  States  which  have  provided  legis- 
lation of  a  similar  character.  Some  of  the  States,  how- 
ever, had  no  legislation  upon  this  subject,  and  It  was 
deemed    wise    to   establish   a    system   of   rules   upon   the 


subject  which  would  be  uniform  throughout  the  country. 
A  standard  set  of  rules  and  instructions  to  be  observed 
by  all  carriers  by  railroad  subject  to  the  act  was  pre- 
pared by  the  chief  inspector  of  locomotive  boilers  and 
was  approved  by  the  Interstate  Commerce  Commission 
on  June  2,  1911. 

While  it  was  an  immense  undertaking  to  establish  a 
uniform  system  of  inspection  and  repair  for  all  the 
locomotives  of  the  United  States,  this  seems  to  have 
been  so  successfully  accomplished  that  in  many  cases 
the  railroads  have  adopted  the  government  system  for 
keeping  their  own  records  and  have  discarded  the 
system   formerly   employed   by   them. 

STEEL   CARS. 

One  of  the  most  apparent  facts  so  far  developed  by 
the  commission  In  its  work  of  investigating  accidents 
is  the  comparative  safety  of  steel  cars.  At  the  date 
of  this  report  six  serious  accidents  have  been  investi- 
gated by  the  commission.  In  these  accidents  a  total 
of  64  passengers  and  15  employes  were  killed  and  545 
passengers  and  16  employes  were  injured.  In  five  of 
these  accidents,  three  of  which  were  derailments  and 
two  butting  collisions,  the  trains  involved  were  made  up 
of  wooden  cars,  and  all  were  accompanied  by  serious 
loss  of  life  and  Injury  to  passengers  and  employes,  due 
in  great  measure  to  the  character  of  the  equipment  used. 
In  the  remaining  accident  under  consideration,  which 
was  the  derailment  of  the  Pennsylvania  special  at  Fort 
Wayne,  Ind.,  on  August  13,  1911,  although  the  train 
was  running  at  a  speed  of  65  miles  per  hour  at  the 
time  of  the  accident,  not  a  single  passenger  was  killed 
and  but  48  were  injured.  This  result  was  due  entirely 
to  the  fact  that  the  train  was  made  up  of  steel  cars. 
The  September  Issue  of  the  Railway  Master  Mechanic 
contains  the  following  editorial  comment  on  this  accident: 

"The  steel  car  received  its  first  severe  test  In  a  derailment 
of  the  Pennsylvania  Special,  during  the  middle  o£  August  and 
proved  all  that  has  been  claimed  for  it.  Due  to  a  defective 
switch,  the  train  left  the  track  while  running  at  a  very  high 
rate  of  speed  and  struck  a  freight  train  standing  on  a  siding, 
ditching  the  first  five  coaches  of  the  passenger  train. 
The  first  two  coaches  were  badly  battered  up,  and  in  them  a 
small  blaze  started,  which  was  quickly  controlled.  The  spe- 
cial was  running  double  headed,  and,  as  was  almost  Inevitable, 
there  were  casualties  at  the  operating  end,  but  nearly  all  the 
passengers  escaped  with  more  or  less  serious  cuts  or  bruises, 
the  shock  throwing  those  in  the  dining  and  smoking  cars  on 
the  floors.  Had  the  train  been  composed  of  the  old  wooden 
cars,  it  is  almost  certain  that  scores  would  have  been  crushed 
and  killed,  and  that  the  fire  would  quickly  have  spread  through- 
out the  train,  causing  an  added  loss  of  life.  Since  1906.  the 
Pennsylvania  has  been  specifying  steel  construction  for  all 
new  coaches,  and  at  present  It  has  more  steel  cars  In  opera- 
tion than  any  other  railroad  in  the  country.  The  lives  probably 
saved  in  this  one  wreck  more  than  compensate  for  the  entire 
cost. 

The  great  number  of  fatalities  caused  by  the  use  of 
wooden  cars  within  the  recent  years  has  led  to  a  de- 
mand for  cars  of  stronger  construction,  either  of  all 
steel  or  with  steel  underframes.  The  Post  Office  De- 
partment of  the  United  States  has  already  taken  action 
In  this  matter.  In  the  appropriation  act  for  the  fiscal 
year  ending  .lune  .SO.  1912,  there  is  a  provision  which 
contemplates  that  all  railway  post-ofl[lce  cars  shall  be 
constructed  of  steel  after  the  first  of  July,  1916.  It 
is  also  provided  that  after  July  1,  1911 — • 

no  pay  shall  be  allowed  for  the  use  of  any  wooden  full  railway 
post-office  car  unless  constructed  substantially  in  accordance 
with  the  most  approved  plans  and  specifications  of  the  Post 
Office  Department  for  such  type  of  cars,  nor  for  any  wooden 
full  railway  post-office  car  run  in  any  train  between  adjoin- 
ing steel  cars  or  between  the  engine  and  a  steel  car  adjoining, 
and  that  hereafter  additional  cars  accepted  for  this  service  shall 
be  of  steel  or  with  steel  underframe  it  used  In  .a  train  in 
which   a  majority   of   the    cars    are   of   like    construction. 

In  response  to  a  Senate  resolution  of  .Tune  25,  1910, 
calling  upon  the  Interstate  Commerce  Commission  for 
information  relative  to  the  cost  of  building  and  main- 
taining railway  post-office  cars,  the  commission  made  a 
report  In   which  the  following  statement  occurs: 

We  regard  the  steel  car  for  use  in  passenger  trains  as 
having  passed  the  experimental  stage,  as  Is  evidenced  by  the 
rapidly  Increasing  use  of  that  type  In  newly  constructed 
sleeping  cars,  coaches,  and  dining  cars.  There  can  be  no 
doubt  that  a  steel  mall  car  will  afford  much  more  protection 
to  the  safety  of  the  employes  In  the  car,  as  well  as  to  the 
mall  matter.  The  cost  of  a  steel  car  is  but  little  more  than 
that  of  a  wooden  car.  The  cost  of  maintenance  of  the  steel 
car    cannot    be    accurately    stated    at    this    time,    but    there    Is 


Phoceedings  of  the  Twenty-Third  Axnual  Convextio?* 


81 


no  reason  to  assume  that  it  will  be  much  greater  than  for 
a  wooden  car.  In  any  event,  the  extra  cost  of  construction 
and  maintenance  cannot  equal  the  advantages  arising  from 
the  added  safety  which  the  steel  car  alTords.  We  thinlc  that 
hereafter  steel  mail  cars  should  be  constructed  in  the  place 
of  other  types  made  partly  or  largely  of  wood. 

As  a  result  of  this  report  of  the  commission  and 
the  action  of  the  Post  Office  Department,  bills  calcu- 
lated to  minimize  the  danger  inherent  in  the  use  of 
wooden  cars  were  introduced  at  the  lasti  session  of 
Congress  and  are  now  pending  in  committee^  One  of 
these  bills  makes  It  unlawful — 

to  locate  or  run  in  any  train  between  adjoining  steel  cars, 
or  between  the  engine  and  steel  car  adjoining  any  wooden 
mail  car,  any  wooden  express  car  used  in  interstate  traffic, 
or  any  wooden  car  used  for  the  interstate  transportation  of 
passengers. 

Another  bill  makes  it  unlawful  after  January  1,  1915, 
for  any  interstate  common  carrier — 

to  use  on  its  line  for  the  interstate  transportation  of  pas- 
sengers any  car  not  constructed  of  steel  upon  a  plan  ap- 
proved   by    the    Interstate   Commerce    Commission. 

The  commission  has  considered  this  latter  bill  and 
has  approved  of  its  general  purpose  as  a  reasonable 
provision  for  greater  safety.  The  following  modifica- 
tions   have    been    suggested    by    the    commission: 

(1)  That  its  provisions'  should  include  all  mail, 
baggage  and  express  cars. 

(2)  That  the  limit  of  time  within  which  carriers 
should  be  permitted  to  bring  into  use  new  equipment 
not  in  conformity'  with  the  provision  of  the  bill  should 
be  approximately  one  year  from  the  date  of  the  passage 
of   the   act. 

(3)  That  the  period  within  which  all  carriers  should 
be  required  to  bring  into  conformity  with  the  act  all 
their  equipment  ought  to  be  not  less  than  10  years 
from  the  date  of  the  passage  of  the  act. 

(4)  That  the  commission  should  be  given  authority 
to  permit  the  further  use  of  cars  which  were  then 
deemed  to  be  reasonably  safe. 

In  view  of  its  importance,  your  committee  believes 
that  this  association  should  go  on  record  in  favor  of 
legislation  of  this  general  character,  and  should  rec- 
ommend similar  legislation  covering  intrastate  carriers 
in  the  several  States. 

AUTOMATIC    TBAIN    STOP. 

Another  fact  developed  by  the  investigations  so  far 
conducted  is  that  by  the  use  of  automatic  train-stop 
devices  such  as  have  been  recommended  by  this  asso- 
ciation for  several  years  past  much  of  the  appalling  loss 
of  life  and  Injury  to  persons  in  railway  accidents  can 
be  prevented.  The  circumstances  surrounding  the  ex- 
tremely disastrous  wreck  of  the  Federal  Express  on 
the  New  York,  New  Haven  &  Hartford  Railroad  at 
Bridgeport,  Conn.,  on  July  11,  1911,  were  such  as  to 
clearly  demonstrate  the  need  for  automatic  train-control 
apparatus.  The  report  of  the  chief  inspector  of  safety 
appliances  of  the  Interstate  Commerce  Commission  states 
that  the  accident  was  caused  by  excessive  speed  at  a 
crossover,  due  to  the  disregard  of  signals  and  rules  by 
the  engineman;  that  the  track  where  the  accident 
occurred  was  fully  protected  by  block  signals  of  the 
controlled  manual  type,  and  had  these  signals  been 
observed    the    accident   could   not   have    occurred.- 

The  function  of  the  automatic  stop  is  to  correct  the 
failure  of  enginemen  to  observe,  understand  and  obey 
signal  indications.  Under  such  conditions  as  produced 
the  Bridgeport  wreck,  an  automatic  stop  woi^ld  have 
taken  control  of  the  train,  irrespective  of  the  failure 
of  the  engineman  to  perform  his  duty,  and  would  have 
averted  the  accident.  There  appears  to  be  no  doubt 
that  if  the  same  effort  had  been  directed  by  the  railroads 
toward  the  development  of  automatic  train-control  ap- 
paratus as  has  been  devoted  to  the  development  of 
Interlocking  and  block-signaling  apparatus,  we  should  now 
have  adequate  installations  of  automatic  train  control 
which  would  permit  an  engineman  to  handle  his  train 
without  interference  just  as  long  as  he  did  it  properly, 
but  would  intervene  to  stop  his  train  if  he  disregarded 
a  stop  signal  or  ran  at  excessive  speed  where  speed 
restrictions  are  prescribed.  In  his  report  covering  the 
Investigation    of    the    Bridgeport    accident,    the    commis- 


sion's chief  inspector  of  safety  appliances  recommended 
that — 

In  all  situations  where  accidents  are  likely  to  occur  through 
the  non-observance  by  enginemen  of  signals  or  rules  calculated 
to  Insure  safety,  automatic  train-control  apparatus  should  be 
provided  to  insure  that  trains  will  be  brought  to  a  stop  In 
case    the   signals   or   rules   are   not   property    observed. 

As  a  result  of  the  investigations  conducted  by  the 
Block  Signal  and  Train  Control  Board  of  the  Interstate 
Commerce  Commission  during  the  past  four  years,  tests 
of  automatic  stops  have  been  conducted,  and  tests  are 
still  to  be  made  by  this  board  of  other  types  of  auto- 
matic stops. 

Reports  of  the  Block  Signal  and  Train  Control  Board 
show  that  while  the  results  of  the  tests  indicate  that 
the  use  of  the  devices  tested  would  materially  promote 
the  safety  of  railroad  operation,  the  board  was  unwilling 
to  make  any  recommendation  regarding  the  compulsory 
adoption  of  automatic  stops  until  devices  of  other  types 
had  been  thoroughly  tested.  When  the  systems  approved 
for  test  have  been  subjected  to  trial  under  service 
conditions,  and  when  such  faults  as  may  be  disclosed 
by  such  trial  have  been  corrected,  several  forms  of 
automatic  train-controlling  devices  will  be  available  for 
use. 

The  attention  of  the  members  of  this  convention  Is 
called  to  the  details  of  the  tests  of  train-controlling 
devices  already  published  in  the  reports  of  the  Block 
Signal  and  Train  Control  Board  to  the  Interstate  Com- 
merce Commission,  and  particularly  to  the  study  of 
this  question  in  the  forthcoming  report  of  that  board 
to  the  Interstate  Commerce  Commission,  to  be  published 
in  the  next  annual  report. 

It  is  recommended  that  the  attention  of  railroad 
managers  be  called  to  the  advisability  of  experimental 
trial  in  actual  railroad  operation  of  some  of  these  auto- 
matic stops  upon  some  limited  divisions  of  the  rail- 
roads with  a  view  to  working  out,  by  service  test,  the 
best  available  train-controlling  device. 

BLOCK   SYSTEM. 

As  was  noted  in  the  report  of  this  committee  to 
this  convention  last  year,  this  association,  as  well  as 
the  Interstate  Commerce  Commission,  has  for  many 
years  past  been  on  record  as  favoring  a  law  requiring 
the  use  of  the  block  system.  In  its  third  annual  report 
the  Block  Signal  and  Train  Control  Board  recommends 
the  compulsory  use  of  the  block  system  in  the  follow- 
ing  terms: 

The  board  in  all  Its  preceding  reports  has  indorsed  the 
recommendation  of  the  commission  to  the  Congress  that  legis- 
lation looking  to  the  compulsory  adoption  of  the  block 
system  be  enacted.  It  has  not  hesitated  to  do  this,  because 
the  art  of  block  signaling  is  well  settled.  At  the  present  time 
only  about  66,000  miles  of  railroad  out  of  a  total  of  approxi- 
mately 240,000  miles  in  this  country  are  operated  under  the 
block  system,  notwithstanding  the  superabundance  of  eviilence 
that  the  system  has  added  immeasurably  to  safety  in  railway 
transportation.  The  situation  is  not  unlike  that  which  existed 
at  the  time  the  adoption  of  car  couplers  and  power  brakes 
was  compelled  by  Federal  enactment.  Extensive  experiments, 
supplemented  by  experience,  the  good  results  of  which  have 
been  universally  recognized,  have  clearly  shown  a  simple  course 
for  legislation  to  take.  The  introduction  of  the  block  system 
will  tend  to  reduce  the  collision  record  in  a  very  decided 
measure.  The  board  believes  so  firmly  In  the  advantages  to 
be  derived'  from  the  use  of  the  block  system  that  it  desires 
again  to  urge  the  recommendation  of  the  commission  to  the 
Congress  for  compulsory  legislation  requiring  its  use  as  the 
step  of  foremost  importance  in  promoting  safety  in  railway 
operation.  Relatively  inexpensive  and  simple  block  systems 
can,  by  proper  attention  to  training  and  discipline  of  signal- 
men,   be  operated    with   a   high    degree   of   success. 

So  fully  is  the  board  convinced  of  the  adequacy  of  a  .simple 
manual  block  system,  properly  worked,  to  materially  reduce 
the  large  number  of  collisions  which  now  occur  under  the 
time  Interval  and  dispatching  system,  that  It  believes  that  any 
legislation  compelling  the  use  of  the  block  system  should  be 
confined  to  the  broad  fundamental  principle,  so  as  to  leave 
the  railroads  the  greatest  possible  freedom  In  the  adaptation 
of  the  means  to  be  employed  to  meet  the  needs  of  their 
service. 

There  is  now  pending  before  the  Committee  on  Inter- 
state and  Foreign  Commerce  of  the  House  of  Repre- 
sentatives a  bill  authorizing  the  Interstate  Commerce 
Commission  to  require  railroad  companies  to  equip  one- 
fourth  of  their  passenger  lines  each  year  with  the  block 
system  until  all  their  passenger  lines  are  equipped.  This 
Is  similar  to  the  bill  recommended  by  the  Interstate 
Commerce  Commission  in  its  report  to  Congress  for  1903. 
It    is    recommended    that   this    association    urge    the    pas- 


82 


Nation-al  Association  of  Railway  Commissioners 


sage  of   this   bill,  as   well   as   the   enactment  of   similar 
laws  In  the   several  States,   covering  intrastate   roads. 

standaed  and  uniform  code  of  signals. 

Last  year  this  association  recommended  the  enact- 
ment of  a  law  authorizing  the  Interstate  Commerce  Com- 
mission "to  require  the  use  of  a  uniform  code  of  signals 
on  all  Interstate  railroads  throughout  the  United  States." 

A  bill  pending  In  the  Senate  provides  for  a  standard 
code  of  rules  for  the  operation  of  railroad  trains,  both 
Tinder  the  time-interval  or  train-dispatching  system  and 
the  space-interval  or  block  systems,  including  a  code 
of  hand,  lamp,  flag  and  whistle  signals  for  authorizing 
the  movement  of  trains,  locomotives  or  cars,  and  for 
Indicating  the  classification  of  trains. 

This  association  has  already  gone  on  record  as  favor- 
ing legislation  of  this  character,  and  it  is  recommended 
that  the  association  urge  the  enactment  of  this  bill. 

DEFECTIVE  BAILS. 

One  of  the  most  disastrous  wrecks  that  have  occurred 
recently  was  the  one  at  Manchester,  N.  Y.,  on  the 
Ijehigh  Valley  Railroad,  on  August  25.  This  wreck  was 
caused  by  a  defective  rail  and  strongly  directs  attention 
to  the  necessity  for  some  means  of  insuring  that  rails 
of  proper  strength  shall  be  furnished,  and  that  defective 
rails  shall  not  be  used  in  tracks  over  which  high-speed 
passenger  trains  are  operated.  The  rail  specifications  of 
the  American  Railway  Association  are  the  result  of  years 
of  experience  and  the  best  technical  knowledge  available, 
but  the  system  of  Inspection  at  the  mills  is  evidently 
not  such  as  to  insure  that  the  specifications  will  always 
be  adhered  to.  They  certainly  were  not  adhered  to  in 
the  case  of  the  rail  which  caused  the  Manchester  wreck, 
and  as  a  result  29  persons  suffered  death  under  the 
most  harrowing  circumstances,  and  45  persons  were 
■eriously  injured.  This  is  a  matter  that  may  well  en- 
gage the  attention  of  this  association. 

AXTTOMATIC    STEAM    AND    AIB   HOSE    C0T7PLEBS. 

In  the  Interstate  Commerce  Commission's  report  for 
1907  a  recommendation  was  made  that  the  safety  appli- 
ance law  be  amended  so  as  to  require  the  use  of  auto- 
matic steam  and  air  hose  couplers.  A  number  of  railroad 
companies  have  been  experimenting  with  automatic  con- 
nectors for  several  years,  and  they  have  been  used 
quite  extensively  in  passenger  service  by  the  Long 
Island  and  the  Chicago  &  Alton.  The  Block  Signal 
and  Train  Control  Board  has  examined  the  plans  of  a 
number  of  these  devices  and  two  of  them  have  been 
approved  for  test.  Arrangements  are  now  being  made 
to  test  one  of  them  in  freight  service  on  the  Great 
Northern  Railroad.  This  test  will  be  conducted  under 
the  most  severe  conditions  to  which  automatic  connectors 
are  ever  likely  to  be  subjected,  and  upon  trains  long 
enough  to  demonstrate  the  practicability  of  a  connector 
for  all  classes  of  service. 

STATE  AND  FGDEBAL  HARMONT. 

The  safety  appliance  laws  have  been  justified  by 
their  beneficial  results.  Their  success  has  focused  public 
attention  to  the  advisability  of  legislation  to  prevent 
accidents.  They  have  been  given  strong  judicial  sup- 
port, and  this  is  particularly  indicated  by  the  decisions 
of  the  Supreme  Court  of  the  United  States  in  the  cases 
of  Chicago,  Burlington  d  Quincy  Railroad  Company  v. 
United  States  (220  U.  S.  559)  and  Deik  v.  8t.  Louis  d 
Ban  Francisco  Railroad  Company,  rendered  during  the 
present  year. 

As  to  these  laws  there  has  never  been  any  conflict 
of  power  •  between  the  Federal  authorities  and  those  of 
the  States.  In  States  where  local  statutes  have  been 
enacted  along  similar  lines  to  ~  those  of  the  Federal 
safety  appliance  laws,  no  serious  questions  of  conflicting 
authority  have   arisen. 

The  Supreme  Court  of  Ohio,  In  the  case  of  Detroit, 
Toledo  d  Ironton  Railway  Company  v.  State  of  Ohio. 
decided  March  15,  1910,  quotes  Van  Devanter,  circuit 
judge,  now  Mr.  Justice  Van  Devanter  (129  Fed.  Rep. 
622,  527),  as  follows: 

The  two  statutes,  Federal  and  State,  seem  to  have  been 
enacted  In  pursuance  of  a  common  purpose  to  afford  a  remedy 
as  broad  as  the  mischief,  and   to  remove   the  source   or  cause 


of  the  latter  through  the  compulsory  adoption  and  use  of  a 
new  system  of  coupling  and  uncoupling,  which  dispensed  with 
the  necessity  of  anyone  going  between  or  at  least  entirely 
between  the  cars. 

The  Supreme  Court  of  Ohio  then  goes  on  to  say: 

Our  statute  does  not  conflict  with  the  Federal  statute  In 
the  character  nf  tho  coupler  required,  but  requires  the  same 
kind  of  coupler,  and  was  passed  to  promote  the  same  object, 
though  under  a  dl.Terent  power,  and,  while  no  doubt  It  was 
enacted  to  apply  to  cases  assumed  not  to  be  covered  by  the 
Federal  statute,  It  Is  not  unreasonable,  and  is  not  void  merely 
because  a  failure  to  equip  the  car  with  automatic  couplers 
would  subject  the  railroad  company  to  punishment  under  a 
State  statute  as  well  as  under  the  act  of  Congress.  "The 
same  act  or  series  of  acts  may  constitute  an  offense  equally 
against  the  United  States  and  the  State,  subjecting  the  guilty 
party  to  punishment  under  the  laws  of  each  government. 
fCross  v.  The  State  of  North  Carolina,  132  U.  S.  131;  91  N. 
K.  Rep.,  869.) 

The  Federal  safety  appliance  laws  had  their  origin 
in  the  admitted  inadequacy  of  the  power  of  the  States 
to  deal  with  the  •  subject.  Before  Congress  acted  on 
the  subject,  Massachusetts,  Iowa,  Mississippi,  Nebraska, 
Minnesota,  New  York,  Ohio,  Michigan,  Wisoonsin  and 
other  States  petitioned  Congress  for  the  legislation. 
(Senate  Rept.  1049,  52d  Cong.,  1st  Sess.1 

The  State  railroad  commissioners,  in  joint  meeting 
in  March,  1889,  by  resolution  unanimously  adopted, 
urged  the  Interstate  Commerce  Commission — 
to  consider  what  can  be  done  to  prevent  the  loss  of  life  and 
limb  In  coupling  and  uncoupling  freight  cars,  and  in  handling 
the   brakes   of   such   cars. 

The  representatives  of  the  State  governments  have 
always  realized  the  danger  and  Insecurity  of  any  divided 
responsibility  as  to  necessary  regulations  for  the  safety 
of  travel.  Their  co-operation  at  all  times  has  aided  in 
the  establishment  of  these  safety  laws  upon  an  enduring 
basis.  Both  State  and  Federal  authorities  have  recog- 
nized that  the  safety  of  travelers  and  employes  is 
demanded  by  the  highest  obligations  of  natural  law,  and 
therefore  that  any  regulation  necessary  to  protect  the 
safety  of  human  life  Is  entitled  to  the  support  of  all 
authorities  without  question  as  to  sovereignty  over  the 
subject-matter. 

It  is  a  matter  of  comment  and  congratulation  that 
In  no  case  since  the  enactment  of  the  Federal  law  of 
1893  upon  this  subject  has  there  been  raised  by  any  of 
the  State  commissions  any  question  of  authority  which 
in  any  degree  Impeded  the  work  of  the  Interstate  Com- 
merce Commission  In  the  enforcement  of  these  laws.  On 
the  contrary,  the  support  and  sustaining  influence  of 
the  State  commissions  has  at  all  times  been  assumed 
to  exist,  and  the  yearly  proceedings  of  these  conferences 
of  the  State  commissions  have  afforded  evidence  of 
their  active  support  of  Federal  legislation  upon  this 
subject. 

Between  all  ofiicials  of  State  and  Nation  there  ought 
always  to  exist  this  same  harmonious  co-operation  for 
the  public  welfare. 

Where  admitted  wrongs  of  any  kind  exist  the  lawful 
power  of  both  State  and  Nation  should  be  exercised 
toward  their  redress.  Citizens  of  States  are  citizens  of 
the  United  States. 

The  powers  of  both  State  and  Nation  combined  are 
none  too  great  for  the  elimination  of  wrong.  No  evil 
should  And  any  countenance  or  be  able  to  sustain  Itself 
even  temporarily  by  fostering  any  appearance  of  a  con- 
flict between  the  powers  of  State  and  Nation. 

The  highest  end  and  aim  of  government  is  the  pro- 
tection of  the  welfare  and  the  promotion  of  the  happiness 
of  all  the  people.  This  end  can  only  be  secured  by  har- 
mony and  co-operation  between  State  and  Federal  offlclals 
and  by  the  exercise  in  the  public  interest  of  such  powers 
of  either  or  both  as  may  be  lawfully  applicable  and  rea- 
sonably conducive  to  its  accomplishment. 

C.  C.  McChord,  Chairman. 

Mr.  KiLPATRicK,  of  Illinois  (continuing).  This  report  Is 
signed  by  the  chairman,  Hon.  C.  C.  McChord;  by  Mr. 
Sullivan,  of  Ohio;  Mr.  Prentis.  of  Virginia;  Mr.  Finn,  of 
Kentucky;  and  myself.  I  have  not  heard  from  the  other 
members  of  the  committee.  In  order  to  get  it  properly 
before  the  convention,  I  move  its  adoption. 

The  report  was  adopted. 

REPORT  OF  COMMITTEE  ON  TIME   AND  PLACE. 

Mr.  CrOTHLiN,  ot  Ohlo.  The  committee  on  time  and  place 
begs  leave  to  report,  recommending  that  the  next  annual 
meeting  of  the  National  Association  of  Railway  Commis- 


Proceedings  of  the  Twenty-Third  Annual  Convention 


83 


6ioners  be  held  at  Washington,  D.  C,  beginning  Tuesday, 
November  19,  1912.  The  report  Is  signed  by  all  members 
of  the  committee. 

Mr.  Hesinq,  of  Virginia.  I  move  the  adoption  of  tb« 
report. 

Mr.  KiLPATBiCK,  of  Illinois.  1  move  to  amend  by  Btrlk- 
out  the  words  "Washington,  D.  C,"  and  inserting 
"Detroit,  Jlich.,"  and  the  time  as  the  third  Tuesday  in 
August  of  1912.  I 

Mr.  Glasgow,  of  Michigan.  I  second  the  motion,  and  In 
supporting  the  motion  of  Mr.  Kilpatrick  I  desire  to  say 
that  I  recognize  the  many  benefits  to  be  derived  from 
meeting  in  the  rooms  of  the  Interstate  Commerce  Com- 
mission. But  if  the  meeting  is  to  be  changed  and  you 
want  to  go  to  one  of  the  finest  cities  in  this  country, 
with  a  population  of  a  half  million,  with  ample  hotel 
accommodations,  and  plenty  of  opportunities  to  reach  it 
both  by  rail  and  by  water,  where  everything  will  be  pro- 
vided for  you  without  expense,  so  far  as  rooms,  stenog- 
raphers, and  so  forth,  are  concerned,  I  have  the  honor  to 
bear  the  invitation  from  the  Detroit  Board  of  Commerce 
for  this  association  to  come  to  Detroit  for  its  meeting 
in  1912. 

Mr.  Watson,  of  Oklahoma.  At  the  last  meeting  of  this 
association  I  told  the  members  of  the  association  that 
Oklahoma  City  was  going  to  ask  for  the  next  meeting; 
but  conditions  have  changed  somewhat.  We  have  had 
two  successive  droughts,  which  oppress  us  somewhat.  I 
have  a  telegram  from  the  Chamber  of  Commerce  of 
Oklahoma  City,  received  yesterday,  wanting  to  know 
something  about  the  prospects  of  the  next  meeting  there. 
Our  commission  a  short  time  ago  took  up  the  question 
among  ourselves,  and  we  decided  that  in  view  of  the 
fact  that  Oklahoma  City  had  donated  largely  toward 
getting  two  more  railroads  there  and  because  of  the 
excessive  droughts  that  there  had  been  on  us  this  sum- 
mer we  would  postpone  asking  this  association  to  come 
to  Oklahoma  City  until  the  next  meeting.  We  are  very  anx- 
ious for  you  people  to  meet  with  us  two  years  hence. 
I  believe,  my  friends,  that  we  have  come  to  Washington 
here  until  we  feel  like  we  want  to  go  a  little  west  and 
get  into  new  pastures  and  new  fields  and  recuperate 
somewhat. 

Those  places  out  West  would  be  good  for  you  to  go 
to.  Oklahoma  City  10  years  ago  had  less  than  10,000 
ri'Pulation.  Today  it  has  over  70,000  population,  and  we 
can  show  you  skyscrapers  there  until  you  would  think 
you  were  up  in  the  other  world  by  looking  at  them, 
and  especially  if  you  were  to  go  up  in  them.  We  are 
anxious  for  this  association  to  make  its  arrangements 
to  come  to  Oklahoma  City  two  years  hence.  We  are 
going  to  invite  you  there,  and  we  are  going  to  try 
and  show  you  a  good  time,  although  some  gentleman 
asked  me  yesterday  if  we  had  any  brewery  there  to 
Invite  him  to.  I  told  him  we  did  not,  but  we  could  show 
him  a  town  that  looked  like  a  handsome  woman  well 
dressed — everything  new.  I  might  add,  by  way  of  paren- 
theses, that  we  can  show  you  as  many  handsome  women 
to  the  square  block  as  any  city  in  the  United  States. 

Mr.  KiLPATBicK,  of  Illinois.  The  reason  for  my  motion 
is  purely  a  business  reason.  I  do  not  know  anything 
about  the  particular  benefits  of  the  scenery  and  any- 
thing of  that  kind  that  are  to  be  offered  in  Detroit,  more 
than  I  know  the  city  and  know  of  its  capacity  to  enter- 
tain a  convention  of  any  size. 

My  particular  rea.son  for  getting  toward  the  center 
of  the  United  States  is  a  matter  that  appeals  to  me, 
namely  to  give  opportunity  for  the  members  of  the 
commissions  of  the  western  States  to  be  in  attendance 
at  these  conventions.  It  is  too  much,  in  my  opinion, 
to  ask  the  commissioners  from  California,  Oregon,  and 
Washington  to  come  here,  all  the  way  across  the  conti- 
nent, at  a  loss  of  time  to  those  commissioners  of  not  less 
than  four  weeks,  in  order  to  be  in  attendance. 

The  eastern  States  do  not  seem  to  appreciate  the 
fact  that  we  come  to  their  doors,  because  Maine  and 
Connecticut  and  Vermont,  and  some  of  these  States  on 
the  eastern  coast,  have  not  availed  themselves  of  the 
fact  we  are  right  here,  where  they  can  be  in  attendance 
at  the  convention.  Therefore  I  think  we  ought  to  go  to 
Detroit.  We  would  offer  you  the  same  advantages  in 
Chicago  if  you  came  there,  but  I  think  we  ought  to  go 
to  the  center  of  the  country  as  near  as  we  possibly  can 
as    an    inducement    for    these    western    commissioners    to 


be  in  attendance  at  these  conventions  without  the  neces- 
sity of  spending  four  weeks  every  year  for  that  purpose. 
I  hope  that  the  members  of  this  convention  will  decide  to 
accept  the  invitation  of  the  chairman  of  the  Michigan 
commission  to  go  to  Detroit,  Mich.,  for  the  next  meeting. 

Mr.  Deckeb,  of  New  York.  I  have  very  little  to  say 
concerning  the  selection  of  Washington  as  the  place  of 
meeting  for  the  association,  for  everybody  knows  that 
in  Washington  we  work.  We  have  had  now  three  highly 
successful  meetings  of  this  association  in  the  city  of 
Washington.  The  only  really  successful  meetings  we 
have  ever  had  have  been  in  the  city  of  Washington. 
We  have  every  convenience  supplied  us  by  the  Inter- 
state Commerce  Commission.  We  have  the  best  reporting 
talent  in  the  United  States  supplied  to  us.  We  have 
the  proceedings  of  the  convention  of  to-day  printed  and 
in  our  laps  the  next  morning.  We  are  at  the  fountain- 
head  of  law.  We  can  get  information  of  every  kind  and 
nature  here  which  pertains  to  our  work. 

Moreover,  we  come  here  to  work  and  carry  out  the 
purposes  of  this  association,  and  we  do  not  spend  the 
money  of  our  own  commissions  in  going  somewhere  to  re- 
cuperate and  have  a  good  time.  I  do  not  believe  any  mem- 
ber of  this  association  wants  to  turn  the  association 
meetings  into  matters  of  pleasure  or  opportunities  for 
pleasure.  We  sincerely  want,  all  of  us,  to  come  here 
and  discharge  the  duties  which  are  laid  upon  us.  The 
influence  of  this  national  association  is  becoming  great. 
It  is  no  longer  a  perfunctory  body.  It  is  a  working  body; 
and  what  it  says  in  these  proceedings  is  read  by  those 
who  are  concerned  in  what  we  say,  and  there  are  a 
great  many  in  various  quarters  who  are  concerned.  I 
want  to  say  that  the  success  of  this  meeting  is  due  to 
the  fact  that  we  all  attend  here  to  work  day  and  night, 
and  we  have  had  no  other  possible  object  in  view. 

With  regard  to  next  year,  a  presidential  campaign 
will  be  upon  us.  It  is  practically  impossible  for  us  to 
expect  any  great  attendance  at  the  meeting  of  the  asso- 
ciation if  it  is  held  before  election,  and  it  seemed  best 
for  the  committee  to  put  the  time  for  the  meeting  soon 
after  election.  And  having  determined  that,  it  seemed 
best,  in  connection  with  the  other  considerations  I  have 
mentioned,  on  all  accounts,  to  come  to  Washington.  It 
seems  to  me  that  all  the  considerations  are  in  favor  of 
Washington  for  the  next  meeting  place  of  this  associa- 
tion. 

Mr.  Glasgow,  of  Michigan.  Bear  with  me  just  a  moment 
to  say,  with  great  deference  for  the  statements  of  my 
friend,  Mr.  Decker,  of  New  York,  that  I  can  understand 
how,  entirely  from  a  personal  standpoint,  he  would  be 
pleased  to  have  the  meeting  in  Washington  or  some 
place  near  New  York. 

Mr.  Deckeb,  of  New  York.    Not  at  all. 

Mr.  Glasgow,  of  Michigan.  Yet  I  think  the  argument 
of  my  friend  from.  Chicago  should  be  given  considerable 
weight — that  the  representatives  from  the  far  West  In 
two  days  and  two  nights  can  land  in  Detroit,  which  they 
cannot  do  here.  Also,  that  in  the  same  length  of  time 
our  friends  from  the  East  and  the  South  can  land  in  De- 
troit. If  the  time  is  bad.  as  suggested  by  Mr.  Decker — 
and  I  am  not  taking  any  exception  to  that — then  these 
entertainments  to  which  he  refers,  which  will  divert 
the  mind  of  the  average  man  and  keep  him  away  from 
his  duties,  will  be  frozen  up  in  Detroit.  So  that  every- 
thing he  offers  tor  Washington  we  can  offer  except  the 
Monument  and  the  Federal  buildings;  you  can  have  all 
the  rest  in  Detroit.  You  can  have,  by  the  great  dally 
press  and  outside  press,  your  proceedings  laid  upon 
your  desk  the  fnext  morning.  You  can  have  anything 
you  want  to  eat  and  drink.  If  you  want  pleasure,  It 
is  right  at  hand,  and  then  Detroit  is  so  centrally  lo- 
cated. 

While  1  believe  that  great  benefit  is  derived  from 
association  with  the  Interstate  Commerce  Commission  in 
Washington,  I  believe  that  they  will  be  willing  to  send 
a  representative  to  the  city  of  Detroit  during  the  delib- 
erations of  the  next  meeting  of  this  Association.  There- 
fore I  believe  every  argument  that  my  friend  Mr.  Decker 
has  urged,  except  the  personal  attendance  of  the  several 
members  of  the  Interstate  Commerce  Commission,  can  be 
urged  for  the  city  of  Detroit.  It  is  more  centrally  lo- 
cated; and  I  will  assure  you  that  so  far  as  precedent 
goes  it  has  been  shown  that  the  people  in  Detroit  work 
fully  as  well  as  the  fellows  who  come  to  Washington. 


1-t 


National  Association  of  Eailway  Commission  kks 


Mr.  NiLES,  of  New  Hampshire.  I  move  that  the  question 
l>e  so  divided  that  the  association  can  vote  separately 
ou   the  time  and  place  of  the   meeting. 

Mr.  Staples,  of  Minnesota.  It  is  in  order  to  divide  the 
question. 

Mr.  Mills,  of  Minnesota.  I  appreciate  the  advantages 
of  Detroit,  but  we  have  had  some  experience  in  this  asso 
ciation  with  going  outside  of  Washington.  As  Mr.  Decker 
said,  the  only  good  conventions  we  have  had  are  those 
that  have  been  held  here.  We  get  better  attendance 
here  from  all  over  the  country  than  we  get  any  place 
else.  We  all  know  the  advantages  of  coming  here, 
acd  if  we  get  away  again  it  will  be  just  the  same  thing 
over  that  we  had  before.  The  meetings  will  become 
junketing  expeditions.  Commissioners  would  come  to 
you  and  ask  you  to  come  to  their  town.  The  place  of 
the  meeting  of  this  convention  would  be  put  up  at 
anctlon,  and  the  places  would  be  taken  which  would 
offer  us  the  greatest  inducement  in  the  way  of  enter- 
tainment. I  remember  the  first  time  that  we  went 
away  from  Washington.  It  was  to  St.  Louis.  A  motion 
was  made  by  one  of  the  members  that  we  should  hurry 
up  the  proceedings  or  debate  on  some  important  question, 
so  that  we  would  have  time  to  go  down  to-  the  Anheuser- 
Busch  brewery  and  see  that. 

People  are  proud  of  their  towns;  they  like  to  show 
them  to  us.  They  like  us  to  take  a  good  impression 
home  with  us,  and  instead  of  attending  to  this  business 
that .  is  what  we  did.  We  went  around ;  we  were  enter- 
tained. And  the  place  that  would  offer  the  greatest 
inducement  was  the  place  that  got  the  most  votes.  Even 
sober,  staid  members  of  this  convention  voted  more  for 
the  junket  than  they  did  for  the  benefit  of  the  conven- 
tion. 

Mr.  Hill,  of  Georgia.  Looking  solely  to  the  good  ot 
this  association,  I  believe  it  ought  to  meet  in  the  city 
of  Washington.  Personally,  I  would  be  very  glad  indeed 
to  go  to  Detroit.  I  have  never  visited  that  city.  It  Is 
about  as  near  from  my  home  as  Washington  is,  and  there 
are  many  inducements  offered  by  the  commissioner  from 
Michigan.  But  if  we  really  want  to  make  the  meetings 
of  this  association  a  success,  as  I  believe  they  have 
been  a  success  for  the  last  several  years,  we  have  every 
facility  here  for  making  them  so. 

I  recall  with  Judge  Mills  the  time  when  we  used  to 
junket  about  over  the  country  as  far  west  as  Deadwood 
and  even  farther.  Socially  it  was  delightful.  I  enjoyed 
them.  But  you  could  scarcely  keep  the  members  of 
the  association  in  the  association  room  on  account  of  the 
attractions  and  the  Inducements  offered  to  see  this  place, 
that  place  and  the  other  place.  Here  we  have  every 
facility;  we  are  tendered  this  audience  chamber;  we 
are  tendered  these  reporters  to  take  down  everything 
that  is  said  and  done  here;  we  are  tendered  stationery, 
and  every  facility  for  carrying  on  the  work  of  this  asso- 
ciation. That  being  true,  I  think  we  ought  to  meet  here, 
as  we  have  done,  in  order  that  the  sessions  of  this  asso- 
ciation may  be  as  valuable  as  they  can  be. 

I  was  a  member  of  this  committee,  which  agreed  to 
the  report  which  has  been  made  by  the  gentleman 
from  Ohio.  We  heard  these  gentlemen  on  yesterday 
afternoon.  We  considered,  and  considered  thoughtfully 
and  carefully  the  different  places  which  were  named. 
We  considered  everything  with  relation  to  the  best  in- 
terests of  this  association.  Taking  everything  into  con- 
sideration the  committee  came  unanimously  to  the  con- 
clusion that  we  ought  to  meet  where  we  have  met  for 
the  last  several  years.  Here,  in  addition  to  the  things 
I  have  named,  we  meet  with  the  Interstate  Commerce 
Commission.  If  it  was  held  at  Detroit,  possibly  we 
would  have  but  one  or  two  of  them  there  present.  If 
it  met  there,  I  doubt  whether  we  would  have  any  more 
members  from  the  far  West  than  we  have  here.  That 
!r  urged  nearly  every  year  when  they  seek  to  carry  the 
association  away  from  Washington.  But  the  fact  remains 
that  the  members  from  the  far  West  ar^  punctual  in 
their  attendance  ui5on  the  sessions  of  this  association 
in  Washington.  They  would  have  been  here  from  the 
State  of  Washington  but  for  the  unfortunate  and  un- 
timely death  of  their  commissioner,  as  you  have  heard. 

They  come  here;  they  will  continue  to  come  here.  The 
attendance  has  been  larger  here  and  more  interest  has 
been  had  here  than  at  any  other  places  away  from  Wash- 
ington where  I  have  attended  the  meetings.    So  I  hope. 


that  in  the  wisdom  of  this  association  they  will  decide 
looking  solely  to  the  good  of  the  association  and  not  to 
the  outside  inducements  that  may  be  offered,  to  come  back 
here  next  year. 

Mr.  Watson,  of  Oklahoma.  I  am  somewhat  surprised  at 
my  friend  Judge  Hill  for  thinking  there  are  no  attractions 
in  Washington  for  the  members  of  this  association  to 
visit.  In  the  early  days  of  this  association  everything  was 
new,  but  at  this  time  the  association  is  well  organized  and 
we  all  know  what  we  come  to  attend  to,  and  with  all  the 
attractions  in  Washington  City  we  have  been  attending  to 
the  business  of  this  association;  and  if  we  have  attended 
to  business  in  Washington  City  with  all  its  attractions, 
why  can  we  not  do  the  same  thing  in  Detroit? 

Washington  City  is  npt  the  only  spot  on  earth  to  go  to. 
We  can  go  to  any  place  in  the  West  and  accomplish  the 
same  purpose  that  we  can  here.  I  think  it  is  time  for  us 
to  break  away  from  the  East  and  get  closer  to  the  West. 
As  one  of  the  gentlemen  remarked,  we  have  no  attendance 
from  the  far  northwestern  States,  and  I  might  add  we 
have  very  little  attendance  from  the  southwestern  States. 
But  if  we  move  this  association  farther  west  a  few  times 
we  will  get  those  people  interested,  and  likely  they  would 
come  with  us;  and  in  a  few  years  if  we  were  to  come  back 
to  Washington  possibly  everything  would  look  a  little 
newer  to  them  then  than  it  does  to-day,  and  they  might 
want  to  come  back. 

Another  thing.  In  regard  to  the  Interstate  Commerce 
Commission,  these  fellows  have  been  here  so  long  that  I 
am  afraid  they  will  get  stale.  We  ought  to  take  them  out 
and  air  them  a  little  and  let  them  get  some  fresh  air.  I 
think  it  would  do  them  good,  and  I  believe  it  will  be  better 
for  them  to  go  West.  I  know  it  will  be  better  for  my  friend 
Jir.  Decker  to  take  a  trip  West,  and  for  all  these  eastern 
fellows  to  do  the  same  thing,  and  I  hope  you  will  all  vote 
for  Detroit  this  time  and  Oklahoma  City  next  time. 

The  Pbesident.  The  question  is  upon  the  place  of  meet- 
ing. We  vote  first  on  the  amendment  of  the  gentleman 
from  Illinois  to  the  effect  that  we  shall  meet  in  Detroit. 

A  rising  vote  being  taken,  resulted  in  19  for  Detroit 
and  28  tor  Washington. 

The  Pbesident.  Washington  is  the  choice  of  the  conven- 
tion for  the  next  meeting. 

The  next  question  is  the  fixing  of  the  time  for  our 
meeting. 

Mr.  KiLPATBicK,  of  Illinois.  I  wish  to  withdraw  my  mo- 
tion to  amend  the  report  as  to  the  time. 

Mr.  GoTHLiN,  of  Ohio.  That  will  leave  the  committee"! 
report  just  as  it  was: 

Tour  committee  recommends  that  the  next  annual  meet- 
ing of  the  National  Association  of  Railway  Convmissioners  b« 
held  at  Washington,  D.  C,  beginning  Tuesday.  November  19. 
1912. 

I  move  the  adoption  of  the  report. 
The  motion  was  carried. 

FTJKTHEE  PABTIAL  BEPOBT  OF  THE  EXECTTTIVE  COMMITTEE. 

Dr.  Deckee,  of  New  York.  We  are  about  to  report  on 
a  recommendation  made  in  the  annual  address  of  the  pres- 
ident. I  refer  to  a  condition  of  affairs  which  has  been  ob- 
taining so  long,  whereby  orders  of  State  commissions  are 
subject  to  writs  of  injunction  from  Federal  courts  and  are 
thereby  stayed  for  very  long  periods.  That  practice  to- 
tally eliminates  the  action  of  State  courts  upon  State  mat- 
ters. The  proposition  has  been  made,  not  only  here  In 
this  association,  but  in  the  association  of  attorneys-general, 
and  it  has  heretofore  been  in  a  way  presented  to  Congress. 
It  seems  the  time  has  come  when  there  should  be  some 
plain,  distinctive  measure  introduced  in  Congress  and 
pushed  as  far  as  persuasion  can  go,  that  so  far  as  the 
action  of  State  commissions  goes  or  the  operation  of  State 
laws  goes,  they  should  be  passed  upon  by  State  courts, 
and  that  then,  if  the  defeated  party  so  desires,  the  case 
may  be  taken  under  the  general  judicial  code  to  the  Su- 
preme Court  of  the  United  States. 

So  the  executive  committee,  in  obedience  to  these  gen- 
eral demands,  has  prepared  this  resolution: 

Resolved.  That  we  recommend  that  section  265  of  the  new 
Judicial  code,  which  becomes  effective  January  1,  1912.  b* 
amended  and  re-enacted  so  as  to  read  as  follows: 

Sec.  265.  The  writ  of  Injunction  shall  not  be  granted  by 
/any  court  ot  the  United  States  to  stay  proceedings  in  any 
court  of  the  United  States  or  to  stay  proceedings  in  any 
court  of  the  States  except  In  cases  where  such  Injunction 
may  be  authorized  by  any  law  relating  to  proceedings  In 
bankruptcy. 


Proceedings  of  the  Twenty-Third  Annual  Convention 


85 


That  is  as  far  as  that  section  now  goes,  and  to  that  we 
proposed  to  add  the  following: 

Nor  to  suspend  or  restrain  the  enforcement,  operation,  or 
execution  of  any  statute  of  a  State,  or  any  order,  rule,  or  reg- 
ulation having  the  force  of  a  statute  of  a  St^te,  or  order,  rule, 
or  regulation  made  by  a  commission  or  body  authorized  by 
State  laws  to  regulate  and  control  common  carriers  or  other 
public  service  corporations. 

I  move  the  adoption  of  tlie  resolution. 
The  naotion  was  carried.  I 

Mr.  GoTHLiN,  of  Ohio.  In  the  president's  aodress  there 
appears  the  following  paragraph: 

In  this  connection  permit  me  to  say  that  I  thinlc  the 
National  Association  of  Railway  Commissioners  should  urge 
upon  the  Congress  of  the  United  States  to  enlarge  the  powers 
of  the  Interstate  Commerce  Commission  so  as  to  give  to 
that  commission  ample  authority  to  require  the  most  exact- 
ing supervision  over  the  manufacture  of  all  the  products 
entering  into  the  equipment  of  railroads,  to  the  end  that  the 
lives  of  the  public  who  ride  upon  the  railroads  and  the  em- 
ployes who  must  operate  them  may  be  more  nearly  safe- 
guarded. 

With  reference  to  this  recommendation,  the  executive 
committee  recommends  that  it  be  referred  to  the  incoming 
committee  on  safety  appliances  for  their  consideration. 

The  Pbesident.  Without  objection,  it  will  be  so  referred. 
Hearing  no  ob.iection,  it  is  so  ordered. 

Mr.  GoTHLiN,  of  Ohio.  In  the  same  connection  In  the 
report  of  the  president  appears  a  recommendation  by  the 
president  with  reference  to  express  business.  After  giving 
this  matter  consideration,  the  executive  committee  is  of 
opinion  that  inasmuch  as  the  whole  question  has  been 
discussed  and  practically  all  features  of  express  rates  and 
express  service  referred  to  a  new  committee,  which  will  be 
appointed,  we  deem  it  inadvisable  to  make  any  further 
recommendation. 

Mr.  Staples,  of  Minnesota.  I  want  to  invite  attention 
for  a  moment  to  the  resolution  which  the  convention  has 
just  adopted,  the  one  offered  by  Mr.  Decker. 

The  mere  fact  that  we  resolve  upon  that  subject,  as  we 
have  several  times  in  the  past  or  at  several  sessions  In 
the  past,  seems  to  advance  the  matter  very  slowly,  if  at 
all.  I  therefore  wish  to  move  at  this  time  that  this  resolu- 
tion or  the  subject  matter  of  this  resolution  be  referred 
to  the  committee  on  legislation,  with  instructions  to  take 
such  action'  as  they  may  deem  best  to  properly  bring  this 
matter  to  the  attention  of  Congress,  that  the  law  may  be 
amended  to  accomplish  the  object  set  forth  in  this  reso- 
lution. 

The  motion  was  carried. 

RBIPOBT   OF    COMMITTEE   ON    MEMORIALS. 

Mr.  KiLPATEicK,  of  Illinois.  I  have  the  report  of  the 
committee  on  memorials,  to  whom  was  assigned  the  duty 
of  recognizing  the  loss  by  this  association  of  several  of  its 
members. 

Your  committee  on  memorials  reports  that  we  record  the 
death  of  the  following  former  members  of  the  National  Rail- 
way Commissioners'  Association:  The  Hon.  W.  L..  Eaton, 
of  Iowa:  the  Hon.  Joe  P.  Rice,  of  Missouri:  the  Hon.  H.  A. 
Fairchild,  of  Washington;  the  Hon.  Edward  A.  Moseley,  of 
Massachusetts;  the  Hon.  J.  M.  Sullivan,  of  South  Carolina;  the 
Hon.  L.  J.  Storey,  of  Texas;  the  Hon.  W.  H.  Cowglll,  of 
Xebraslta. 

We  present  this  resolution  as  a  testimonial  of  our  respect 
and  esteem  for  our  departed  coworkers,  and  tender  our  sincere 
sympathy  to  their  respective  families  in  their  great  bereave- 
ment. 

Respectfully   submitted. 

Laurence  B.  Finx,  Chairman; 
F.   C.  Robinson, 
William    Kilpatrick. 

I  move  the  adoption  of  the  memorial  resolution. 

The  motion  was  carried. 

Mr.  Deckek,  of  New  York.  I  desire  to  state  to  the  con- 
vention that  this  is  the  first  report  upon  this  extremely 
important  subject  which  has  been  presented  to  this  asso- 
ciation, and  the  chairman  of  this  committee,  in  preparing 
the  report,  and  the  members  of  the  committee  who  have 
examined  It,  feel  rather  diffident  about  taking  positions  in 
relation  to  that  subject  of  regulation,  which  only  in  recent 
years  has  extended  to  numerous  States.  But  it  was  felt 
that  some  general  observations  should  be  made  upon  the 
subject,  and  they  are  herewith  submitted: 

REPORT    OF    COIIIIITTKE    ON     RAILWAY    CAPITALIZATION. 

The  regulation  of  the  issuance  and  sale  of  railway  stock 
and  bonds  and  other  forms  of  railway  securities  has  been 
practiced  in  Massachusetts  and   New  York  during  many 


years.  Wisconsin  provides  in  her  statutes  for  such  regula- 
tion by  its  railroad  commission,  and  several  other  States 
have  undertaken  the  task.  Latterly  the  statutes  of  various 
States  have  been  amended,  with  a  view  to  rendering  more 
precise  and  effective  the  restrictive  legislation  in  those 
States  upon  this  subject.  For  a  long  period  Massachusetts 
has  undertaken  to  place  regulating  restrictions  upon  rail- 
way capitalization.  In  that  State  much  of  the  pioneer 
work  in  the  development  of  this  class  of  regulation  has 
been  done.  Regulation  of  railway  capitalization  by  the 
States  is  extending  and  becoming  a  fixed  part  of  effective 
schemes  of  governmental  railway  supervision. 

It  has  not  been  practicable  for  the  committee  to  com- 
pare the  work  of  the  State  commissions  as  relating  to  reg- 
ulation of  railway  capitalization  issues,  but  it  is  important 
that  such  labor  of  comparing  statutes,  extensive  though 
it  be,  should  be  undertaken  by  a  committee  of  the  asso- 
ciation at  an  early  day,  so  that  it  may  be  definitely  stated 
how  far  uniformity  has  progressed,  and  conclusion  be 
reached  as  to  the  extent  that  greater  uniformity  is  de- 
sirable. The  committee  on  this  subject  should  also  take 
under  consideration  the  practical  necessity  of  uniform 
treatment  by  two  or  more  State  commissions  of  a  stock 
or  bond  application  presented  by  a  carrier  operating  in 
each  State.  These  applications  have  hitherto  been  given 
like  determination  in  Massachusetts  and  New  York  as  to 
lines  operated  in  both  States.  This  is  not  a  matter  of 
great  difficulty,  since  the  principles  underlying  the  regu- 
lations are  simple  in  the  main,  and  the  object  to  be  at- 
tained is  the  prevention  of  improper  charges  against  the 
property. 

In  the  issuance  of  these  railway  securities  primarily 
the  public  is  concerned  in  that  they  shall  be  sold  for  their 
full  value  and  the  proceeds  applied  to  the  construction  or 
improvement  of  railway  property.  Secondarily,  but  in  an 
important  degree,  the  general  public  has  strong  interest 
in  the  proportion  of  stock  to  bonds  and  in  the  improve- 
ment of  railway  properties  without  unnecessary  additions 
to  the  bond  interest  or  fixed  charge  account.  Unnecessary 
additions  to  the  carrier's  debt  account  impose  limitations 
upon  the  ability  of  the  carrier  to  keep  up  or  improve  Its 
service  and  directly  charge  the  revenues  of  the  carrier 
which  are  derived  from  the  carrying  of  passengers  and 
property.  It  is  not  difficult  to  see  how  the  existence  of 
heavy  debt  burdens  impels  railway  managers  to  seek  in 
every  practical  way  to  increase  rates. 

The  owners  of  railway  stock  and  the  owners  of  railway 
mortgage  securities  have  direct  interest  in  the  prevention 
of  unnecessary  additions  to  bond  and  other  general  debt 
accounts.  Whatever  increases  the  equity  of  shareholders 
serves  their  interest,  and  whatever  adds  to  the  property 
value  without  increasing  the  debt  renders  more  secure  the 
Investment  of  the  bondholder.  Nevertheless,  the  history 
of  our  railroad  bristles  with  financial  transactions  inimical 
to  the  interests  of  the  owners  and  creditors  of  these  great 
properties.  It  is  not  important  here  to  go  into  the  details 
of  that  history  nor  to  disclose  the  difficult  financial  situa- 
tions under  which  railway  managers  have  often  been  com- 
pelled to  take  undesirable  action  under  the  stress  of  force- 
ful conditions.  It  is  sufficient  to  say  that  the  interests  of 
stockholders  and  bondholders  and  of  the  people  as  com- 
pulsory customers  of  the  railways  have  not  been,  in  the 
absence  of  governmental  regulation,  protected  in  any  rea- 
sonable degree.  That  such  regulation  is  indispensable  to 
the  conservation  of  the  true  interests  of  the  corporations, 
its  shareholders  and  creditors,  and  the  interests  of  the 
general  public,  is  fast  coming  into  general  recognition. 

Regulation  of  railway  corporations  in  New  York  in  re- 
spect to  capitalization  may  be  referred  to  briefly.  For 
many  years  the  State  has  had  upon  its  statute  books  a  law 
prohibiting  the  issuance  of  stock  or  bonds  except  for 
money,  property,  or  labor  performed.  If  that  law  meant 
anything,  it  meant  the  issuance  of  stock  at  par  and  the 
issuance  of  bonds  to  their  full  obtainable  exchange  value. 
The  former  railroad  commission  had  certain  extremely 
limited  powers  of  regulation,  and  the  ineffectiveness  of 
such  powers  to  enforce  even  that  general  requirement  of 
law  was  thoroughly  demonstrated.  The  law  was  a  mere 
form,  and  its  prohibitions  were  evaded  with  ease  and  im- 
punity. In  1907  the  public  service  commissions  law  was 
enacted,  providing  for  full  investigation  and  restriction 
by  the  commission  of  the  issuance  and  sale  of  stock, 
bonds,  notes,  and  other  evidences  of  indebtedness  for  cer- 
tain  specified   purposes,   namely,   acquisition   of  property; 


86 


National  Association  of  Eailavay  Commissionkbs 


completion,  extension  or  improvement  of  facilities;  im- 
provement or  maintenance  of  the  service  or  discharge  or 
lawful  refunding  of  obligations.  To  this  was  added  In 
1910  a  provision  permitting  reimbursement  of  the  carrier's 
treasury  for  moneys  expended  from  income  during  five 
years  preceding  for  any  of  such  purposes,  except  main- 
tenance of  service  and  except  replacements.  The  order 
of  the  commission  must  state  that  in  its  opinion  the  money, 
property,  or  labor  to  be  procured  or  paid  for  by  the  pro- 
posed issue  is  or  has  been  reasonably  required  for  the 
purposes  specified  in  the  order,  and  that,  except  as  other- 
wise permitted  in  the  order,  in  the  case  of  bonds,  notes, 
and  other  evidence  of  indebtedness  such  purposes  are  not 
in  whole  or  in  part  reasonably  chargeable  to  operating 
expenses  or  to  income. 

The  corporation  is  forbidden  to  apply  the  issue  or  pro- 
ceeds thereof  to  any  purpose  not  specified  in  the  order  of 
the  commission.  No  franchise  or  right  to  be  a  corpora- 
tion may  be  capitalized,  and  no  contract  for  consolidation 
or  lease  may  be  capitalized,  the  capital  stock  upon  merger 
or  consolidation  shall  not  exceed  the  sum  of  the  capital 
stocks  of  the  constituent  companies,  and  no  bonds  may  be 
issued  against  or  as  a  lien  upon  a  contract  for  consolida- 
tion or  merger.  No  merger  or  consolidation  is  lawful  un- 
less approved  by  the  commission.  No  mortgage  may  be 
executed  by  a  carrier  until  the  consent  of  the  commission 
to  execute  such  mortgage  shall  be  first  obtained,  and  this 
enables  the  commission  to  pass  upon  the  form  and  terms 
of  the  proposed  mortgage. 

Under  the  law  as  it  has  been  interpreted  by  the  com- 
mission and  courts  of  the  State,  replacements  are  not  per- 
mitted to  be  capitalized.  Under  the  most  exceptional  con- 
ditions and  for  very  short  terms  an  order  may  issue  to 
cover  a  temporary  financial  exigency.  The  minimum  price 
at  which  bonds  or  other  evidences  of  debt  may  be  sold  is 
specified  in  each  order,  and  all  stock  must  be  issued  upon 
the  basis  of  par  value.  The  policy  of  the  commission  in 
respect  of  new  companies  authorized  to  build  a  railroad 
is  to  make  such  allowance  for  preliminary  work  and  for 
organization  as  in  each  case  seems  reasonable.  This  justly 
takes  the  place  of  the  former  extravagant  absorption  of 
stock  and  sometimes  of  bonds  for  the  purpose  of  satisfy- 
ing individual  claims  for  promotion  services.  The  com- 
mission allows  full  and  even  ample  compensation  for  such 
services  as  may  be  shown  in  each  case.  This  fully  recog- 
nizes valid  claims,  but  prevents  exploitation  of  the  cor- 
poration. 

These  statutory  provisions  and  their  administration  are 
referred  to  generally  as  an  example  of  regulation  for  cap- 
italization that  is  worTjing  well,  and  without  creating  hard- 
ship upon  the  carriers.  The  important  results  are  that  the 
full  money  value,  or  as  nearly  as  that  may  be  estimated, 
is  obtained  for  railway  bonds  and  railway  notes.  All 
stock  Issued  under  the  law  represents  a  full  par  value 
return,  the  proceeds  are  applied  to  proper  corporate  pur- 
poses, and  fixed  capital  accounts  of  the  companies,  which 
represent  a  statement  of  the  cost  value  of  the  property, 
are  growing  more  and  more  to  be  mathematical  state- 
ments instead  of  estimates  of  value  designed  frequently 
to  swell  the  asset  side  of  general  balance  statements. 

The  proper  regulation  of  railway  capitalization  avoids 
determination  as  to  the  propriety  of  proposed  improve- 
ments or  betterments  or  the  extension  of  lines  by  new 
construction,  and  in  general  those  matters  of  corporate 
policy  which  should  be  left  undisturbed  in  the  judgment 
of  the  company's  board  of  directors.  On  the  other  hand, 
such  regulation  to  be  effective  does  necessarily  Include 
prevention  of  the  capitalization  of  replacements  and  any 
other  part  of  operating  expenses  or  any  of  the  interest 
charges.  While  emergency  measures  must  be  recognized, 
and  at  times  heroic  steps  to  save  a  company  from  in- 
solvency should  be  sanctioned,  they  constitute  rare  ex- 
ceptions to  be  treated  on  their  merits  with  a  full  view  as 
to  the  company's  ability  shortly  to  recover  from  the  finan- 
cial embarrassment  so  presented.  The  duty  of  a  railroad 
company  to  refrain  from  producing  "water"  In  its  capi- 
talization is  so  thoroughly  recognized  that  the  terms 
"prevention  of  fraud"  and  "prevention  of  waste"  in  the 
issuance  and  sale  of  stock,  bonds,  and  other  evidences  of 
debt  and  use  of  the  proceeds  may  be  taken  as  the  under- 
lying purposes  of  the  exercise  of  governmental  power  In 
respect  of  railway  securities.  Such  recognition  has  been 
reached  through  the  exposition  of  repeated  mistakes  on 
the   part  of   railway   managers   in    the    past,   decisions   of 


courts,  frequent  agitations  resulting  in  expressions  of  pub- 
lic opinion,  the  concurrence  of  wise  railway  officials  and 
of  financiers,  and  latterly  the  successful  operation  and 
administration  of  restrictive  laws  in  the  States. 

In  the  operation  of  such  laws  it  has  been  demonstrated 
that,  after  all,  financial  arrangements  can  be  made  as  they 
were  before,  while  the  purchase  price  of  new  security 
issues  is  increased  greatly  by  the  knowledge  of  investors 
that  the  corporate  purposes  to  which  the  proceeds  of  the 
securities  are  to  be  applied  have  been  subjected  to  an  im- 
partial government  investigation  and  have  been  found  to 
call  for  expenditure  of  the  money  involved.  Those  only 
who  have  interest  in  charging  the  debt  securities  of  rail- 
roads with  extortionate  selling  discounts  or  in  serving 
other  personal  ends  opposed  to  the  welfare  of  the  corpora- 
tion are  to  be  counted  as  opposed  to  reasonable  restric- 
tions upon  the  issuance  of  such  securities. 

A  practice  followed  by  a  great  number  of  carriers  In 
the  past  and  at  the  present  time  is  to  issue  bonds  for  all, 
or  practically  all,  betterments  and  improv-ements.  It  is 
clear  that  starting  with  a  stated  amount  of  stock  and  a 
stated  amount  of  bonds  and  constantly  increasing  the 
bonded  debt  as  the  necessity  for  capital  expenditure  arises 
does,  not  operate  at  any  time  to  increase  the  value  of  the 
shareholders'  equity.  It  does  operate  to  increase  the  fixed 
charges.  After  long  operation  a  railroad  company  should 
be  able  to  decrease  rather  than  increase  its  mortgage 
debt,  or  at  least  be  paying  a  substantial  percentage  of  the 
cost  of  betterments  and  improvements  from  the  income 
without  issuing  bonds  to  cover  such  percentage  of  better- 
ment Or  improvement  cost.  It  should  do  this  while  at  the 
same  time  accumulating  a  surplus  which  it  keeps  available 
for  use  in  times  of  sparse  traffic  offerings.  This  is  no 
more  than  ordinary  business  prudence  should  dictate,  and 
a  course  that  is  pursued  by  prosperous  business  corpora- 
tions. The  ever-swelling  fixed  charge,  except  as  met  by 
increased  traffic  returns,  tends  constantly  to  diminish  net 
corporate  income.  It  prevents  or  diminishes  the  return 
to  stockholders,  and  is  well  calculated  to  in  the  end  de- 
stroy the  value  of  the  shareholders'  equity  in  the  property. 
By  that  course  the  reproduction  value  of  the  property  may 
be  increased,  but  the  net  earning  capacity  of  the  property 
may  be  decreased.  The  real  test,  of  the  commercial  value 
of  a  railroad  property  is  found  in  its  net  earnings. 

The  practice  of  capitalizing  all  improvements  and  bet- 
terments has  been  followed  in  Great  Britain  to  such  extent 
as  to  awaken  serious  apprehension  for  the  continued  pros- 
perous operation  of  various  companies  and  fear  that  gov- 
ernmental aid  may  be  necessary  in  the  not  distant  future. 
It  is  encouraging  to  note  that  banking  interests  are  not 
oblivious  to  the  situation  and  that  in  the  case  of  many 
smaller  companies  they  have  insisted  that  new  mortgages 
shall  contain  a  clause  that  future  improvements  and  bet- 
terments shall  not  be  made  from  mortgage  bonds  beyond 
a  stated  per  cent  of  their  cost.  A  similar  safeguard  might 
well  be  inserted  in  the  mortgages  of  all  companies  and  the 
influence  of  financiers  be  directed  upon  boards  of  directors 
to  the  end  that  some  fair  percentage  of  the  cost  of  im- 
provements and  betterments  shall  always  be  paid  from 
income  without  subsequent  capitalization.  This  conclu- 
sion is  general  of  course  and  not  intended  to  cover  every 
case  regardless  of  exceptional  circumstances.  It  Is  merely 
desired  to  emphasize  the  economic  fact  that  issuing  bonds 
to  cover  all  improvements  or  betterments,  or  all  but  an 
insignificant  percentage  thereof,  may  be  followed  as  a  prac- 
tice without  adverse  effect  under  continually  increasing 
traffic  offerings  and  large  additional  gross  revenues  during 
a  period  of  years,  but  when  traffic  offerings  diminish  con- 
siderably and  gross  earnings  do  not  increase  in  necessary 
proportion  the  burden  of  increased  fixed  charges  becomes 
a  matter  of  first  consequence. 

We  have  a  number  of  highly  prosperous  railroad  sys- 
tems in  the  United  States.  We  have  a  great  number  of 
poor  railroads  in  this  country,  some  of  which  are  in  that 
condition  because  their  maximum  traffic  is  comparatively 
light  or  they  are  so  placed  that  very  low  compensation 
must  be  accepted.  But  most  of  these  poor  lines  would  be 
fairly  prosperous  if  their  stock  and  bond  issues  had  been 
restricted  by  the  business  prudence  which  actuates  the 
prudent  manufacturer,  and  if  such  issues  had  been  sold 
for  the  full  money  value  in  each  and  every  case  the  stock 
always  on  a  basis  of  not  less  than  par.  It  is  anomalous 
that  any  road  paying  substantial  dividends  regularly  should 
be  compelled  to  accept  less  than  par  as  a  net  price  for  its 


Proceedings  of  the  Twexty-Third  Annual  Convention 


87 


5  per  cent  bonds.  A  few  years  ago  4  per  cent  was  con- 
sidered a  safe  par  value  investment.  The  fact  is  that  in- 
vestors or  the  banking  interests  by  whom  they  are  repre- 
sented scrutinize  with  great  care  the  earning  capacity, 
physical  condition,  and  managerial  policies  of  railroads, 
and  when  new  issues  are  offered  these  elements  are  given 
full  weight.  If  the  railroad  companies  of  this  country  had 
been  subjected  to  reasonable  regulation  of  their  capitaliza- 
tion during  all  of  the  past  five  or  six  decades  Black  Fri- 
days would  rarely  appear  upon  the  pages  of  fidgijcial  his- 
tory, and  sudden  receiverships  ot  railroad  corporations  with 
makeshift  reorganizations  would  not  constitute  frequent 
blots  upon  the  record  of  our  greatest  of  business  indus- 
tries. With  such  sane  regulation  and  common  business 
prudence  in  railroad  affairs,  is  it  not  altogether  probable 
that  rates  scheduled  upon  a  low  basis  with  reference  to 
actual  transportation  conditions  would  have  remained  low, 
and  the  violent  disruption  of  rate  adjustments  due  to 
asserted  necessity  for  Increased  revenues  would  rarely 
have  occurred? 

Your  committee  is  impressed  with-  the  necessity  for 
uniformity  of  State  laws  upon  railway  capitalization  and 
suggests  (Jiat  before  many  additional  States  enter  upon 
this  field  of  regulation  efforts  be  made  to  have  new  laws 
which  are  proposed  in  States  follow  those  that  have  worked 
successfully  in  other  States  and  from  time  to  time  secure 
the  removal  of  substantial  variations  between  these  State 
laws  by  appropriate  legislation. 

As  all  are  doubtless  advised.  Federal  regulation  of  rail- 
way capitalization  has  been  proposed  and  is  now  under 
consideration.  A  commission  to  consider  the  subject  has 
been  appointed  by  the  President,  under  authority  of  Con- 
gress, and  will  doubtless  make  a  report  in  the  near  future. 
State  commissions  are  not  necessarily  opposed  to  a  policy 
of  Federal  regulation  on  this  subject.  The  interests  of  the 
States  is  concerned  chiefly  in  the  preservation  ot  State 
authority  over  corporations  which  must  be  organized  under 
State  laws.  All  questions  as  to  the  exercise  of  State  and 
Federal  authority  in  matters  of  railway  capitalization  must 
be  deferred  for  consideration  pending  the  actual  proposals 
for  Federal  supervision  which  may  be  announced. 

Martin  S.  Decker,  Chairman; 

o.  p.  gothmn, 

James  M.  Ambler, 

Charlkh  a.  Prouty, 

H.  T.  Clark,  Jr., 

C.  L.  Glasgow, 

Robert  R.  Prentis. 

Mr.  Decker,  of  New  York.  Since  there  are  no  recom- 
mendations in  the  report,  I  merely  move  that  It  be  received 
and  nrinted. 

Mr.  Gothlin,  of  Ohio.  This  subject  of  supervision  over 
the  issuance  of  securities  is  a  very  live  issue  in  our  State, 
and  I  for  one  would  like  to  get  all  the  information  I  can. 
I  would  like  to  hear  a  very  thorough  discussion,  even 
tliough  the  report  has  made  no  recommendation.  I  there- 
fore move  that  the  discussion  of  that  report  be  made  a 
special  order  for  11  o'clock  to-morrow  morning. 

The  motion  was  carried. 

Mr.  Staples,  of  Minnesota.  Can  we  learn  from  the  Chair 
what  further  subjects  and  matters  there  are  to  come  be- 
fore this  convention?  I  do  not  wish  to  be  understood  as 
wishing  to  limit  the  length  of  the  session,  but  that  the 
members  may  be  informed,  I  think  it  would  be  well  for  the 
Chair  to  indicate  at  this  time. 

The  President.  There  are  a  niunber  of  committees  yet 
to  report,  as  follows:  On  rates  and  rate  making;  on  tele- 
phone and  telegraph  rates  and  service;  on  powers,  duties 
and  work  of  State  railway  commissions;  on  shippers' 
claims  on  common  carriers;  on  railway  service  and  railway 
accommodations;  on  accounts  and  statistics  of  electric 
railways;  and  the  matter  of  complimentary  resolutions  and 
installation  of  officers. 

The  President.  No  report  has  been  made  by  the  com- 
mittee on  rates  and  rate  making.  Since  I  have  been  in  the 
city  I  have  received  a  letter  from  the  chairman  of  that 
committee,  who  states  he  has  prepared  a  lot  of  data  to 
work  up  a  report,  but  has  failed  to  make  one;  and  he  is 
not  in  attendance  at  this  time.  If  we  are  to  deal  with  that 
question  at  all,  it  strikes  me  the  only  practical  way  to  do 
is  to  give  those  present  a  chance  to  speak  of  their  own 
experiences  in  these  matters.  What  is  the  pleasure  of  the 
convention  on  that  matter? 


Mr.  Watson,  of  Oklahoma.  I  think  the  way  you  outline 
would  be  a  very  good  way. 

The  President.  If  you  are  going  to  deal  with  It  In  that 
way,  had  we  not  better  put  it  off  and  let  some  other  report 
be  taken  up  now  that  is  printed  and  ready  to  be  presented? 

Without  objection,  that  course  will  be  pursued. 

The  President.  We  will  now  have  the  report  of  the 
committee  on  telegraph  and  telephone  rates  and   service. 

Mr.  Hill,  of  Georgia.  The  committee  on  telephone  and 
telegraph  rates  and  service  desires  to  report  as  follows: 

report   of   the   committee   on   telephone   and   telegraph 
rates  and  service. 

The  last  session  of  the  National  Association  of  Railway 
Commissioners  adopted  the  following  resolution,  proposed 
by  the  executive  committee: 

Resolved.  That  a  new  regular  committee  be.  and  is  hereby, 
established,  to  be  known  as  the  committee  on  telephone  and 
telegraph  rates  and  service,  and  composed  ot  seven  members 
appointed  by  the  president,  ;ind  that  tlie  constitution  of  this 
association    be,    and    Is    hereby,    amended    accordingly. 

The  scope  of  the  work  of  this  committee  in  relation  to 
these  subjects  is  not  defined  except  as  above  set  forth. 
It  is  somewhat  difficult,  therefore,  to  formulate  a  report 
unless  the  committee  better  knows  the  measure  of  its  duty 
in  the  premises.  The  two  subjects  of  telephone  and  tele- 
graph rates  and  service  are  so  diverse  and  dissimilar  as 
to  preclude  their  consideration  together,  except  in  so  far 
as  general  principles  of  law  or  practice  may  apply  to  both. 
It  may  be  assumed,  for  instance,  that  as  to  rates  both  tele- 
phone and  telegraph  companies  would  be  permitted  to 
charge  just  and  reasonable  rates,  as  the  common  carriers 
are,  for  the  service  performed,  so  as  to  receive  a  fair  re- 
turn in  revenue  upon  a  fair  valuation  of  the  property  de- 
voted to  the  public  service.  What  would  be  a  fair  return 
would  probably  vary  according  to  the  circumstances  and 
conditions  of  each  case,  and  it  would  therefore  be  neces- 
sary to  determine  each  case  according  to  its  own  merits, 
keeping  in  view  the  rules  of  law  applicable  to  piJblic  serv- 
ice corporations  and  the  limitations  fixed  by  the  supreme 
law  of  the  land. 

There  are  comparatively  few  precedents  to  guide  the 
various  commissions  in  the  regulation  of  rates  and  service 
of  these  public  service  corporations.  In  fact,  they  are  of 
comparative  recent  origin — the  telephone  especially  being 
first  used  about  1876  by  Dr.  Alexander  Graham  Bell  as  an 
experiment  at  the  Centennial  Exposition,  until  now  there 
are  in  use  in  this  country  something  like  7,000,000  phones, 
ramifying  every  nook  and  corner  of  our  broad  country,  un- 
til there  is  hardly  a  household  in  the  United  States  out  of 
speaking  communication  with  every  other  household,  how- 
ever remote.  The  service  of  the  telephone  is  so  different 
from  that  of  the  telegraph  that  they  cannot  easily  be  com- 
pared. The  fixing  of  rates,  therefore,  have  to  be  upon  a 
somewhat  different  basis  for  each.  For  instance,  in  send- 
ing a  telegraphic  message  it  may  be  transmitted  over  the 
same  wire,  at  the  same  time,  with  many  other  messages, 
and  reach  Its  destination  safely,  accurately,  and  speedily. 
But,  on  the  other  hand,  if  one  talks  over  the  telephone, 
however  long  the  distance,  the  operator  permits  no  other 
persons  on  the  line  but  the  two  at  each  end.  Thus  it  Is 
that  the  two  parties  to  the  conversation  are  in  absolute 
possession  of  the  entire  line  during  the  entire  period  of 
conversation.  This  exclusive  use  of  an  entire  line  for  a 
limited  period  calls  of  course  for  a  greater  charge  than 
in  the  case  of  the  telegraphic  message,"  where  conditions 
are  different.  Conditions  so  vary  that  no  imiform  schedule 
of  telephone  rates  seems  to  be  in  effect  throughout  the 
country,  except  in  certain  localities,  where  some  of  the 
commissions  with  jurisdiction  have  fixed  maximum  rates 
for  a  certain  class  of  service;  nor  have  many  of  the  com- 
missions adopted  general  rules  for  the  regulation  of  tele- 
phone and  telegraph  companies,  but  most  of  the  commis- 
sions have  contented  themselves  with  trying  and  decid- 
ing each  case  upon  its  merits  as  it  came  before  the  board. 

The  duty  of  every  corporation  is  to  render  to  the 
public  efficient  service  and  to  collect  a  reasonable  charge 
for   such   service. 

In  determining  a  just  and  reasonable  rate  for  the 
service  rendered,  the  commission  should  take  into  con- 
sideration the  efficiency  of  the  service  as  well  as  the 
amount  of  capital  devoted  to  the  public  use.  There  are 
many  elements  entering  into  a  reasonable  rate.  The 
public   is   willing   to   pay   a   reasonable    price   for   efficient 


National  Association  of  Eailway  Commissioxees 


service,  but  it  is  neither  willing  nor  should  he  required 
to  pay  an  unreasonable  rate  for  a  poor  service.  And, 
on  the  other  hand,  the  corporation  which  furnishes 
efficient  service  should  be  allowed  to  charge  and  collect 
reasonable  rates  for  such  service,  else  there  is  little 
to  stimulate  better  facilities  and  better  improvements. 
In  determining  what  is  a  fair  rate,  therefore,  service 
and  the  value  of  the  property  used  for  the  public 
benefit  should  both  be  considered.  What  is  a  fair  value 
of  the  property  devoted  to  the  public  use?  And  what 
is  the  efficiency  of  the  service?  Is  it  a  good  service  or 
Is  it  a  poor  service?  What  system  is  used  in  its  opera- 
tion? In  the  telephone  service  is  the  "magneto"  or 
the  "central  energy"  system  employed?  What  Is  the 
return  upon  the  capital  invested?  Is  that  return  a  fair 
one?  These  and  other  elements  are  to  be  considered  in 
fixing  just  and  reasonable  rates  for  the  service  performed. 

In  October,  1910,  the  Georgia  commission  had  occa- 
sion to  investigate  the  jurisdiction  of  State  commissions 
over  telephone  and  telegraph  companies,  and  the  follow- 
ing is  the  result  of  said  investigation: 

The  following  commissions  reported  that  they  had 
jurisdiction,  but  no  specific  telephone  rules:  Alabama, 
Florida  (1911),  Georgia,  Nebraska,  New  York  (second 
district).  North  Carolina,  Oklahoma,  South  Carolina, 
South  Dakota  and  Virginia.  Vermont  has  jurisdiction, 
but  no  rules  except  requiring  the  filing  of  tariffs.  Wis- 
consin has  complete  jurisdiction  and  has  rules. 

These  commissions  have  no  jurisdiction  and  conse- 
quently no  rules  regulating  telephone  and  telegraph 
companies:  Arizona,  Arkansas,  California,  Connecticut, 
Colorado,  Illinois,  Indiana,  Iowa,  Kansas,  Maine,  Michi- 
gan (except  as  to  approval  of  stock  and  bond  issues), 
Minnesota,  Missouri,  Montana,  Nevada,  New  Hampshire, 
North  Dakota,  Ohio,  Oregon,  Rhode  Island,  Tennessee, 
Texas  (except  to  report  dead-head  service),  Wyoming 
(except  to  act  as  board  of  equalization). 

The  only  commission  heard  from  having  jurisdiction 
and  rules  is  Louisiana. 

The  following  commissions  are  investigating  with  a 
view  to  adopting  rules  and  rates,  viz.:  Maryland,  Massa- 
chusetts, Pennsylvania  (as  to  rates  and  toll  situation), 
Washington. 

No  responses  came  for  information  from  the  follow- 
ing States:     Idaho,  Kentucky,  Mississippi,  West  Virginia 

New  Jersey  has  power  to  prevent  discrimination  in 
rates,  but  other  than  this  under  the  existing  law  its 
power  with  respect  to  rates  is  limited  to  makipg  rec- 
ommendations. 

Many  individual  complaints  arise  both  as  to  the 
rates  and  service  rendered  by  telephone  and  telegraph 
companies,  but  all  such  seem  to  be  disposed  of  by 
special  orders  rather  than  by  general  rules.  Complaints 
of  this  kind  seem  less  numerous  than  in  the  case  of 
railroad  rates  and  service.  Telegraph  rates  seem  to 
be  reasonably  uniform,  and  comparatively  few  complaints 
arise  on  account  of  telegraph  rates. 

There  are  complaints  on  account  of  the  service  at 
times,  but  usually  these  are  removed  when  attention 
is  called  to  them.  A  peculiar  situation  has  grown  up 
in  some  sections  of  the  country  on  account  of  the 
telegraph  service;  it  seems  to  be  the  custom  for  tele- 
graph companies  to  make  contracts  with  the  various 
railroads  by  which  the  railroad  station  agents,  who 
are  telegraph  operators,  send  and  receive  the  messages 
of  the  public.  On  complaint  against  a  certain  telegraph 
company  for  inefficiency  and  rude  conduct  on  the  part 
of  its  supposed  operator  toward  a  sender  of  a  message, 
the  telegraph  company  replied  that  the  operator  was 
not  in  their  employ  at  all,  that  their  contract  was  with 
the  railroad  company,  and  that  the  telegraph  company 
had  no  authority  to  discipline  the  operator.  The  ques- 
tion arises  whether  the  railroad  or  the  telegraph  com- 
pany is  amenable  to  the  commissions  having  jurisdic- 
tion over  telegraph  companies.  The  railroad  says,  "We 
are  not  doing  a  public  telegraph  business,"  and  the  tele« 
graph  company  replies  that  while  they  do  a  telegraph 
business,  they  do  it  through  the  railroad  company.  The 
result   of   this   investigation   is    awaited    with    interest. 

But  one  commission,  so  far  as  your  committee  is 
advised,  has  adopted  "tariffs  and  rules  governing  tele- 
phone companies"  in  a  general  way,  and  that  one  la 
the   Ix)uisfana   commission. 


A  brief  synopsis  of  these  general  rules  may  prove  of 
interest.  They  provide  that  no  telephone  company  shall 
charge  or  collect  more  than  25  cents  for  any  written 
message  of  10  words  or  less,  exclusive  of  date,  address 
and  signature,  between  any  two  points  in  the  State, 
nor  more  than  2  cents  for  each  additional  word  on  any 
day  message,  nor  more  than  1  cent  for  each  additional 
word  on  a  night  message;  that  messages  must  be  for- 
warded promptly;  that  no  telephone  office  where  mes- 
sages are  received  and  transmitted  shall  be  discontinued 
or  abolished  without  the  consent  of  the  commission; 
that  there  shall  be  no  increase  in  the  rates  charged 
without  the  consent  of  the  commission;  that  no  tele- 
phone service  shall  be  discontinued  or  instruments  re- 
moved from  the  premises  of  a  subscriber  except  for  fail- 
ure to  pay  authorized  rates;  that  all  long-distance  toll 
rates  shall  commence  from  the  long-distance  toll  board, 
regardless  of  the  distance  from  the  subscriber's  telephone 
to  the  exchange;  that  an  additional  charge  of  25  cents 
per  month  over  the  regular  charge  for  service  with 
standard  instruments  will  be  permitted  for  nickel-plated 
desk  phones;  that  party  lines  will  be  installed  and 
maintained  at  the  exchange  rate  beyond  1%  miles  and 
within  3  miles  from  exchange;  that  telephone  companies 
will  be  allowed  to  make  contracts  with  new  subscribers 
desiring  service  to  keep  the  phones  for  a  period  of  12 
months  from  date  of  service,  etc.;  that  the  "exchange 
radius"  shall  be  established  at  1%  miles  from  the  tele- 
phone exchange,  except  in  towns  where  the  corporate 
limits  are  farther  than  1%  miles  from  the  telephone 
exchange,  etc.;  that  no  company  shall  connect  more  than 
five  subscribers  on  any  country  line;  that  all  telephone 
companies  shall  print  in  all  telephone  directories  a 
list  of  the  public  telephone  stations  on  their  lines, 
showing  the  rates  to  such  station  as  are  authorized;  also 
a  list  of  its  toll  stations,  together  with  the  toll  rates 
to  each  station  as  authorized  by  the  commission;  that 
the  list  of  stations  and  toll  rates  shall  be  revised  and 
corrected  at  least  once  every  three  months. 

In  view  of  the  fact  that  but  one  State  commission 
has  adopted  telephone  rules,  your  committee  rec- 
ommends the  advisability  of  the  adoption  of  general 
telephone  and  telegraph  rules  by  the  State  commissions 
as  nearly  uniform  as  circumstances  and  conditions  will 
justify.  Freight,  passenger  and  demurrage  rules  have 
been  adopted  by  most,  if  not  all,  the  commissions  very 
similar  in  scope  and  purpose,  and  your  committee  Is  of 
the  opinion  that  at  least  the  same  approximate  uni- 
formity should  exist  as  to  telegraph  and  telephone  rules. 
Respectfully   submitted. 

H.   W.  Hill,  Chairman/ 
Halford  Erickson, 
C.  A.  Radcliffe, 
Ira  B.  Mills, 
Jas.  E.  Sauge, 
Jxo.  G.  Richards. 

Mr.  Hill,  of  Georgia.    I  move  the  adoption  of  the  report. 

Mr.  Stutsman,  of  North  Dakota.  I  desire  to  say  that 
the  report  is  incorrect  in  so  far  as  it  states  that  the 
North  Dakota  commission  has  no  jurisdiction.  The 
last  legislature  in  February,  1911,  placed  the  telephone 
and  telegraph  companies  under  the  jurisdiction  of  the 
North  Dakota  commission,  but  no  rules  have  been 
promulgated.  It  is  a  matter  which  interests  our  com- 
mission greatly,  and  we  should  appreciate  a  thorough 
discussion  of  the  question  as  to  the  advisability  of 
promulgating  rules  and  as  to  the  rules  themselves. 

Mr,  NiLES,  of  New  Hampshire.  Simply  as  a  matter  of 
record  I  desire  to  state  that  the  New  Hampshire  Public 
Service  Corporation  has  complete  jurisdiction  over  tele- 
phone and  telegraph  companies.  That  is  by  an  act 
adopted    by   the    1911    legislature. 

Mr.  Glasgow,  of  Michigan.  Michigan  has  cotaplete  juris- 
diction over  telephone  companies,  given  them  by  the 
last  legislature,  the  act  effective  August  2,  not  only  to 
cover  their  bonds  and  stock  issues,  but  the  telephone 
companies  in  our  State  cannot  obtain  a  franchise  for 
the  purpose  of  organization  and  cannot  commence  the 
construction  of  telephone  lines  until  they  come  before 
the  commission  and  get  their  certificate  as  to  the 
reasonableness   of   such   construction. 

Mr.  GoTiiLiN,  of  Ohio.  As  a  matter  of  record  I  wish  to 
state  also  that,  taking  effect  on  July  1.  1911,  Jurisdiction 


I'lJOCEEDINGS    OF    THE    TwEN'TY-TlIIHD    AXNUAL    CoXVEN"TION 


89 


over     telephone     companies     was     given     to     the     Public 
Service   Commission  ot  Ohio. 

Mr.  Watsox,  of  Oklahoma.  The  constitution  of  Okla- 
homa gave  the  commission  jurisdiction  over  both  tele- 
phone and  telegraph  service  and  rates.  Our  commis- 
sion some  time  ago  fixed  a  rate  on  telegraph  service 
somewhat  similar  to  that  in  effect  in  the  State  of  Mis- 
sissippi. In  fixing  the  rates  on  telegraph  service,  the 
commission  made  the  rate  for  200  miles  at  25  cents  for 
10  words,  and  3  cents  additional  on  each  day  message  and 
2  cents  additional  on  each  night  message  for  each 
word,  and  also  provided  that  in  one  corner  of  the 
message,  when  you  took  a  message  to  the  operator  to 
be  sent,  he  should  put  down  the  hour  and  minute  of 
the  day  that  you  delivered  the  message  to  him,  and 
under  that  the  operator  that  receives  the  message  at 
destination  has  to  state  also  the  hour  and  minute  that 
he  receives  the  message.  Of  course  they  require  us, 
when  we  receive  a  message,  to  put  down  the  hour  and 
minute  of  the  day  we  receive  it.  So  we  have  a  com- 
plete check  upon  that  message.  Prior  to  that  people 
went  to  telegraph  ofllces  and  paid  their  money  to  get  a 
message  delivered,  and  sometimes  it  would  be  24  hours 
or  longer  before  the  message  was  ever  delivered.  When 
we  got  after  them  and  threatened  to  bring  suit  against 
them,  they  had  various  excuses  to  offer.  But  when  we 
adopted  this  system  of  having  them  put  down  in  the 
presence  of  the  sender  the  hour  and  minute  that  they 
received  the  message,  and  at  the  destination  have  them 
put  on  the  message  the  hour  and  minute  they  received 
the  message  there,  we  had  a  complete  check  on  that 
message. 

The  telegraph  companies,  however,  appealed  that 
matter  to  the  Supreme  Court  of  our  State,  where  it 
is  now  pending.  They  agreed  to  accept  the  rates  that 
were  made,  but  said  this  check  that  we  placed  on  them 
gave  too  much  advantage  to  the  parties  in  bringing  suit 
against  them  where  they  could  not  possibly  defend 
themselves  on  account  of  the  close  check  that  was  kept 
upon  them.  I  believe  if  every  State  in  the  Union  were 
to  adopt  that  policy  we  would  have  more  prompt  serv- 
ice in  the  delivery  of  telegraph  messages.  It  is  a  com- 
plete check  upon  them.  I  have  no  doubt  the  Supreme 
Court  of  our  State,  when  it  comes  to  pass  upon  that 
matter,  will  affirm  the  order  of  the  commission,  because 
it  is  just  and  reasonable. 

We  have  jurisdiction  over  telephone  rates  and  tele- 
phone service,  and  we  find  that  a  very  great  conven- 
ience to  the  people  of  the  State.  We  have  been  called 
upon  to  fix  rates  in  various  towns  and  cities  of  the 
State,  and  in  fixing  those  rates  we  take  a  complete 
Inventory  of  the  property  and  the  money  they  have 
invested  and  fix  a  rate  that  will  give  them  sufiicient 
revenue  upon  the  amount  Invested  in  that  town  or 
city.  In  some  cases  they  have  appealed  that  to  the 
Supreme  Court.  But  in  every  instance  where  it  has 
been  shown  that  the  rates  fixed  by  the  commission  gave 
them  a  reasonable  revenue  upon  the  money  Invested  the 
commission  has  been  sustained.  I  notice  In  some  ot 
the  cities  throughout  the  country  the  telephone  rates 
for  the  same  number  of  phones  that  we  have  in  cities 
in  our  State  are  twice  as  high  as  ours,  and  why?  Be- 
cause the  commissions  of  those  States  have  no  power 
to  regulate  their  rates.  I  believe  the  telephone  com- 
panies should  have  a  just  and  proper  rate,  a  rate  that 
will  give  them  a  revenue  and  also  allow  for  deprecia- 
tion, which  you  have  to  take  into  consideration  in  fixing 
that  revenue.  It  is  easier  to  get  at  that  than  it  is  to 
get  at  the  rates  fixed  by  the  railroads,  because  we  can 
get  at  what  it  costs  to  put  up  a  building,  what  It  costs 
to  set  poles,  and  what  their  wires  cost.  In  fact,  we 
can  get  at  every  dollar  that  has  been  invested  in  that 
telephone  system,  and  when  we  get  at  that  it  is  a  very 
easy  matter  to  fix  a  reasonable  rate  for  them,  at  the 
same  time  allowing  for  depreciation  upon  the  phones, 
wires,  poles  and  so  forth. 

We  have  not  gone  altogether  in  fixing  the  rates 
on  long-distance  messages  as  far  as  we  want  to,  but 
we  have  employed  in  our  department  a  telephone  man, 
who  is  now  fixing  a  draft  of  the  telephone  lines  of  the 
State  in  order  that  we  may  know  how  to  fix  rates  upon 
long-distance  messages.  Long-distance  rates  in  our 
State,  I  think,  are  very  high,  and  the  people   also  think 


they  are  very  high.  But  in  inspecting  some  of  the 
rates  in  some  of  the  States  where  they  have  no  com- 
mission I  find  out  rates  in  Oklahoma  on  long-distance 
messages   to-day   are   comparatively   low. 

It  is  important  that  every  State  should  have  juris- 
diction over  telephone  and  telegraph  companies  in  the 
State,  so  that  they  may  fix  these  rates  so  they  will  be 
compensatory  to  the  companies  and  at  the  same  time 
give  a  reasonable  rate  to  the  people  of  the  State.  It 
is  important,  and  those  States  that  have  no  jurisdiction 
over  these  two  enterprises,  I  think,  are  in  a  bad  fix 
if  they  charge  them  as  I  see  they  are  charging  in 
some  States.  If  I  were  in  a  State  that  did  not  have 
jurisdiction  over  telegraph  and  telephone  service,  I 
would  certainly  make  a  clamor  to  my  legislature  to  get 
them  to  fix  the  matter  so  I  would  have  jurisdiction,  so 
those  rates  could  be  adjusted  by  the  commission  of  the 
State.  It  is  as  important  as  having  jurisdiction  over  the 
railroad  rates  of  the  State. 

A  gentleman  wants  to  know  if  our  rates  in  the 
larger  cities  are  higher  in  proportion  than  in  smaller 
cities.  I  say  they  are.  The  telephone  companies  have 
contended  all  along  that  the  more  telephones  they  have 
in  a  city  the  higher  in  proportion  the  rate  should  be. 
I  have  never  been  able  to  get  that  fixed  In  my  noggin 
yet.  When  they  get  to  a  certain  number  of  telephones 
instead  of  getting  lower  they  get  higher.  When  I  talk 
to  these  railroad  people  about  makifig  rates  upon  their 
roads  they  say  the  more  dense  the  traffic  the  lower 
they  can  carry  the  commodity;  but  the  telephone  people 
claim  the  reverse  Is  true  with  them,  that  the  more 
dense  their  business  the  higher  the  rates  should  be.  I 
do  not  know  how  we  can  fix  that.  We  cannot  have 
two  different  systems  In  the  same  town,  because  both 
of  them  would  have  a  whack  at  a  fellow  and  soon  put 
him  out  of  business  or  lighten  his  purse  considerably. 

But  these  rates  can  be  adjusted  on  the  basis  of 
what  they  have  invested  in  those  telephones  in  the 
cities  and  towns,  and  that  is  the  only  fair  way,  I 
believe,  they  can  be  properly  adjusted.  Take  into  con- 
sideration the  cost  of  producing  the  service,  the  build- 
ings, the  wires,  the  poles  and  so  forth,  and  there  are 
none  of  them  so  old  but  that  you  can  go  into  their 
books  and  get  those  facts.  It  Is  a  great  deal  easier 
to  get  at  that  than  it  is  to  get  at  the  cost  of  building 
some  of  the  railroads,  especially  where  they  are  built 
as  they  are  in  Oklahoma,  like  they  have  been  doing  for 
the  last  few  years,  where.  If  a  railroad  company  wants 
a  railroad  built,  they  go  and  contract  with  themselves 
under  a  different  name  and  build  the  road,  and  run 
it  as  a  construction  road  until  they  get  ready  to  turn 
it  over  to  the  proper  parties,  and  when  they  turn  it 
over  they  lose  the  books  or  destroy  them,  or  they  get 
in  a  fire  somewhere  and  get  burned  up,  and  nobody 
knows  what  it  cost  to  construct  that  road.  With  the 
telephone  business  they  have  not  become  that  smart  yet. 

I  would  recommend  to  the  members  of  this  associa- 
tion in  conclusion,  in  fixing  your  telegraph  rates.  If  you 
adopt  the  Oklahoma  form  of  having  the  time  put  on 
the  message  at  the  point  where  you  send  it  and  have 
the  time  put  on  the  message  at  the  destination,  you  will 
find  you  have  improved  your  service  wonderfully.  You 
have  less  complaints,  less  damage  suits  on  your  hands, 
and  the  best  service  you  have  ever  had  from  a  tele- 
graph company. 

Mr.  Sun.iVAN.  of  Ohio.  I  would  like  to  ask  Mr.  Watson 
in  making  an  appraisal  of  telephone  companies  what  he 
takes  into  consideration.  Does  he  take  into  considera- 
tion  physical  value? 

Mr.  Watson,  of  Oklahoma.  Yes,  sir;  we  take  into  con- 
sideration everything  they  have  invested  in  that  for 
the  purpose  of  transacting  the  business  of  a  telephone 
company. 

Mr.  SxJLLivAN,  of  Ohio.   Does  that  include  all  the  water? 

Mr.  Watson,  of  Oklahoma.  No,  sir;  we  leave  the  water 
out.     We  just  take  the  actual  investment. 

Mr.  Sullivan,  of  Ohio.  If  you  go  back  far  enough  and 
take  the  actual  investment,  as  a  rule,  there  is  a  sewer, 
if  there  is   not   a   lake. 

Mr.  Wat'son,  of  Oklahoma.  The  telephone  business  has 
hardly  reached  the   lake   stage  yet. 

Mr.  Sullivan,  of  Ohio.   That  may  be,  in  some  localities. 

Mr.  Watson,  of  Oklahoma.     Possibly  so. 


90 


Xatioxal  Association-  of  Eailway  Commissionees 


Mr.  Sullivan,  of  Ohio.  Do  you  allow  what  the  company 
may  have  paid,  it  anything,  for  a  franchise? 

Mr.  Watson,  of  Oklahoma.  No,  sir.  On  the  contrary,  In 
our  cities  the  franchises  were  all  given  to  them.  I  do 
not  know  of  a  town  in  the  State  that  charged  them 
a  nickel  for  a  franchise;  so  we  have  never  had  to  take 
that  into  consideration  at  all. 

The  motion  to  adopt  the  report  was  carried. 

Upon  motion,  at  4:45  o'clock  p.  m.,  the  commission 
adjourned  until  to-morrow,  Friday,  October  13,  1911,  at 
9  o'clock   a.   m. 

PROCEEDINGS  OP  THE  FOURTH  DAY. 

W.\.SHiNGTON,  D.  C,  Friday,  October  IS,  1911. 

Met  at  9.45  o'clock  a.  m.,  pursuant  to  the  adjournment 
of  yesterday.  President  R.  Hudson  Burr  presiding. 

The  President.  There  are  a  number  of  subjects  re- 
maining: Rates  and  rate  making;  powers,  duties,  and 
work  of  the  State  commissions;  shippers'  claims  on 
common  carriers;  railway  service  and  accommodation;  ac- 
counts and  statistics  of  electric  railways;  and  compli- 
mentary  resolutions. 

No  report  has  been  made  on  any  of  these  subjects, 
except  that  the  committee  on  complimentary  resolu- 
tions have  a  report  to  make.  If  we  are  to  deal  with 
these  subjects  at  all,  it  seems  to  me  we  should  have  a 
call  of  the  roll,  and  the  proceedings  would  be  in  the 
nature,  more  or  less,  of  an  experience  meeting. 

The  first  subject  undisposed  of  is  rates  and  rate  mak- 
ing, and  I  should  say  that  we  have  a  special  order  at  11 
o'clock  for  the  consideration  of  Mr.  Decker's  report  on 
railway  capitalization. 

The  President.  Without  objection,  we  will  listen  to 
the  reading  of  a  telegram  by  the  secretary. 

The  Secretabt.  The  association  has  received  the  fol- 
lowing telegram: 

The  undersigned,  engaged  in  the  produce  and  fresh-oyster 
business  for  the  past  thirty  years  in  Omaha,  respectfully  repre- 
sents that  express  companies  are  necessary,  but  their  tariffs  are 
unjust  and  discriminatory,  because  they  will  haul  fifty  shipments 
of  50  pounds  each  from  Chicago  to  fifty  different  consigneea 
in  the  city,  which  one  wagon  could  not  deliver  In  two  days,  for 
the  same  price  per  package,  at  the  same  number  and  weight, 
to  be  delivered  at  our  business  place  and  by  the  same  wagon 
In  30  minutes.  David  Coi.e. 

The  telegram  is  dated  Omaha.  I  rather  think  the 
gentleman  means  it  is  a  consolidation  of  shipments  that 
could  be  delivered  to  individuals  in  his  town,  whereas 
the  wholesale  shipments  should  be  delivered  to  him  at 
the  same  price  that  these  respective  shipments  would 
be  delivered  to  these  individuals  in  the  same  town  in 
which  he  is  engaged  in  business.  In  other  words,  he 
is  in  the  wholesale  business,  and  men  can  order  from 
Chicago  by  retail  and  have  the  packages  delivered — the 
Individual  packages  delivered — for  the  same  price  that 
the  wholesaler  would  have  delivery  made  to  him. 

Mr.  GoTHLiN,  of  Ohio.  There  Is  something  radically 
wrong  either  in  the  understanding  of  that  gentleman 
who  sends  the  telegram,  or  in  the  practice  of  the  express 
companies  between  Chicago  and  Omaha,  because  the 
classification  rule  is  that  the  express  companies  almost 
everywhere  aggregate  weights  and  base  the  charges 
upon  the  aggregate  weights.  That  is  to  say,  aggregating 
the  weight  where,  to  one  consignee,  there  is  more  than 
one;  say,  three  or  four  or  five  shipments.  If  they  are 
20  pounds  each,  the  three  shipments  will  be  charged  on 
the  60-pound  rate  basis,  which  will  be  much  less  than 
three  charges  on  a  20-pound  basis.  If  there  are  five 
shipments,  it  would  be  on  the  100-pound  rate.  As  I 
remember  the  classification,  if  each  only  weighed  15 
pounds  they  would  still  be  charged  on  the  60-pound 
rate.  The  general  trend  of  complaints  against  express 
companies  is  that  under  that  graduate  charge  the  smaller 
shipment  is  high  as  compared  with  the  rate  on  a  big 
shipment. 

The  President.  I  will  tell  you  what  I  believe  that 
shipper  means.  He  means  this,  that  where  50  separate 
consignments  were  made  to  his  house — he  is  In  the  whole- 
sale fish  business — 

Mr.  GoTHLiN,  of  Ohio.   Yes,  sir. 

The  Pbesident.  That  the  express  company  would  put 
all  of  those  shipments  on  one  truck,  say,  and  carry  them 
tc  his  house  at  one  delivery.  On  the  other  hand,  50 
other    packages    of    similar    weight    would    reach    Omaha, 


and  then  would  have  to  be  carried  to  fifty  different 
places;  and  that  he  is  charged  just  as  much  for  that  one 
delivery  of  50  packages  as  the  individual  is  charged  on 
each  of  the  other  50  packages. 

Mr.  Gothlin,  of  Ohio.  That  is  true,  and  that  could  not 
be  avoided. 

The  President.    That  is  what  I  think  he  means. 

The  Skcretaet.  I  am  inclined  to  think  the  50  individual 
packages  are  sent  to  one  consignee,  probably  in  Omaha, 
and  the  bulk  is  broken,  and  then  the  inside  packag(!a 
v.'ill  be  addressed  to  individuals  throughout  Omaha;  ard 
that  the  express  company  in  Omaha  will  undertake  to 
deliver  those  50  packages,  although  addressed  to  the  ore 
consignee. 

Mr.  Gothlin,  of  Ohio.  They  will  not  do  that.  If  you 
have  50  packages  in  one  to  one  consignee,  you  see  you 
get  the  benefit  of  the  rate  on  the  aggregate  weight.  Id 
fact,  for  a  long  time  they  had  a  rule,  until  they  were 
required  to  discontinue  that  rule,  that  even  If  1 
did  aggregate  my  packages  into  one  they  would  unde;- 
tt>.ke  to  charge  me  for  each  one  separately.  It  is  noiv 
done  sometimes  by  consolidating  your  packages  to  one 
consignee  or  delivery  company.  The  express  companj , 
however,  will  not  deliver  to  the  individuals  when  the ' 
only  charge  for  the  one  consolidated  package — at  least 
in  no  place  I  ever  heard  of. 

Mr.  Kilpatrick,  of  Illinois.  I  move  you  that  the  tel« 
gram  be  received  and  referred  to  the  committee  oi 
express    rates   and   express   service,   when   appointed. 

The   motion  was  carried. 

rates  and  bate  making. 

The  President.  If  you  are  ready  for  the  question  as  t( 
rates  and  rate  making,  how  would  it  do  to  call  the  rol 
of  States,  then  as  a  State  is  called  anyone  from  tha 
State  may  make  remarks,  if  he  desires,  or  the  State  wil 
be  passed  by? 

Mr.  KiLrATBicK,  of  Illinois.  Is  there  any  report  fron 
this  committee  now? 

The  President.    No;  there  is  no  report. 

Mr.  Watson,  of  Oklahoma.  Mr.  President,  there  are  no' 
so  many  here  this  morning  but  what  I  presume  thos« 
here  that  want  to  speak  on  this  subject  can  get  up  anc 
speak.  It  we  call  the  roll  by  States,  every  fellow  might 
get  up  and  say  something  anyway  and  consume  probahlj 
a  good  deal  of  time.  I  think  we  had  better  take  it 
up  just  as  an  experience  question. 

Mr.  KiLPATRicK,  of  Illinois.  In  order  to  get  it  before 
the  convention  I  move  you  that  the  roll  of  the  States 
be  called,  for  the  purpose  of  giving  an  opportunity  for 
members  to  express  their  opinions  on  the  subject  under 
consideration,  no  report  of  the  committee  being  present. 

The  motion  was  carried. 

The  Secretary.    Arizona  (no  response).    Arkansas. 

Mr.  McKnioht,  of  Arkansas.  I  hesitate  talking  upon  thie 
very  importatnt  question.  Still  1  would  dislike  to  see 
our  reiwrt  go  out  with  nothing  practically  said  upon 
the  very  issue  that  this  convention  is  altogether,  it  1 
see  it  rightly,  interested  in,  the  question  of  rates  and 
I  ate  making. 

This  question  has  very  many  features  and  many  turns 
that  the  railroad  companies  are  very  anxious  to  take 
advantage  of,  when  you  come  to  the  question  of  what 
the  rates  on  certain  commodities  are  going  to  be. 

They  come  in  and  claim  that  these  rates  are  absolutely 
confiscatory  and  are  depriving  them  of  their  property 
without  due  process  of  law,  and  the  fact  is  that  they 
have  started  from  merely  a  23-mile  railroad,  in  the  life- 
time of  individuals  yet  living,  and  to-day  we  see  the 
enormous  mileage  of  the  railroads  of  the  United  States 
cf  America.  There  are  those  living  who  can  remember 
when  the  line  of  railroad  was  only  27  miles,  I  believe, 
drawn  by  mules,  in  the  year  1827  and  the  year  1829. 

From  that  small  road  with  the  meager  income,  prac- 
tically not  suflicient  to  support  a  man  and  his  wife  and 
one  child,  the  business  has  grown  until,  figured  in  round 
numbers,  last  year  It  would  have  amounted  to  over 
12,000  carloads  of  silver  money.  Still  they  say  that 
business  is  not  pro8i)erous;  that  it  is  a  business  that 
does  not  pay  them  for  going  into  it.  Ah,  gentlemen,  we 
get  to  the  facts  of  the  rates  that  are  being  charged 
throughout  this  country,  and  we  find  beyond  question 
that  they  are  making  absolutely  more  money  than  all 
the   merchants,   all   the   manufacturers,  combined. 


Proceedings  op  the  Twenty-Third  Annual  Convention 


91 


Just  see  the  rates  that  they  themselves  put  into  effect. 
In  our  State  the  passenger-rate  situation  is  in  this  condi- 
tion: The  common  laborer,  the  man  that  produces  the 
wealth  of  that  country,  is  the  only  man  that  is  paying  the 
3-cent  passenger  rate.  Let  us  see  what  the  other  men 
pay.  The  principal  lawyers  of  that  State — and  you  must 
excuse  me  for  mentioning  it,  for  I  Ijnow  the  majority 
here  are  lawyers,  but  I  want  to  tell  you  the  truth.  Nearly 
all  the  principal  lawyers  of  that  State  are  traveling  upon 
passes.  The  next  man,  the  man  that  the  jobber  sends 
cut,  is  traveling  for  2  cents  a  mile.  The  only  man  that 
is  paying  that  enormously  heavy  rate  is  the  man  that 
is  producing  the  wealth  of  that  country — the  laboring 
man. 

Upon  Identically  the  same  seat,  with  the  same  ac- 
commodations, sits  a  man  paying  nothing,  or  a  man  who 
is  paying  2  cents;  and  the  man  who  pays  2  cents  gets 
much  more  for  his  money. 

Let  us  see  the  conditions.  In  1907,  when  the  question 
of  a  twice-a-month  pay  day  came  up  in  our  State,  they 
had  forgotten  that  the  man  who  was  riding  at  2  cents  a 
mile  in  that  State  at  that  time  was  riding  under  this  con- 
dition: He  carried  his  150  pounds  of  baggage.  He  started 
for  a  town  100  miles  away.  It  took  him  an  entire  week 
to  make  the  trip.  He  got  off  at  the  first  place.  There 
must  be  a  baggage  room  for  him  to  store  that  150  pounds 
of  baggage;  there  must  be  trucks  furnished  to  handle 
that  150  pounds  of  baggage;  there  must  be  in  that  bag- 
gage-car room  to  handle  that  150  pounds  of  baggage. 
They  check  it  into  the  car  and  they  check  it  out  of  the 
car.  They  delivered  it,  not  once,  but  they  delivered 
it  on  that  100  miles  from  10  to  20  times,  checking  in  and 
cnecking  out  every  time,  and  furnishing  all  the  room. 

That  is  not  all.  That  ticket  is  audited.  You  sign  in 
the  presence  of  the  first  and  last  conductor.  That  entire 
transaction  was  kept  track  of,  and  at  the  end  of  the 
year  that  man  was  returned  1  cent  a  mile,  making  it  a 
I  eduction  to  2  cents  a  mile.  Well,  but  somebody  says, 
he  is  a  wholesale  man;  he  is  buying  railroad  transpor- 
tation by  the  wholesale.  Ah,  gentlemen,  I  want  to  tell 
you  he  does  not  do  any  such  thing.  I  carried  one  of 
those  books  for  a  year  or  two,  and  I  was  anxious  for 
2-cent  mileage. .  The  way  I  did  that  I  bought  from 
station   to   station   like  the  other  fellow. 

Let  us  see  the  trouble  the  little  man  was  to  the 
railroad  company.  He  has  to  go  a  distance  of  100  miles, 
■  the  same  distance  the  traveling  man  has  to  go,  who  took 
ten  days  to  make  the  trip.  He  goes  to  the  railroad 
office.  He  buys  a  little  strip  of  pasteboard,  about  that 
long  [indicating].  He  pays  .'!  cents  a  mile  tor  it.  The 
Federal  courts  of  the  United  States  have  said  to  them 
that  they  must  furnish  a  coupon — that  is,  the  railroad 
company  must,  for  the  refund,  provided  this  2-cent  rate 
case  were  defeated  in  the  Federal  courts.  They  give 
him  a  claim  coupon,  but  he  did  not  have  faith  enough 
In  the  courts  of  his  country  to-day — you  say  we  should 
not  say  that  about  the  courts,  but  I  cannot  help  it;  it  is 
true.  He  simply  tore  that  coupon  in  two.  The  conductor 
took  one  end  and  threw  the  other  end  on  the  floor,  or 
threw  it  away.  There  are  millions  of  dollars  through- 
cut  my  country  of  these  railroad  coupons,  but  you  could 
not  go  throughout  that  country  and  collect  $1,000  of  those 
coupons,  because  of  the  little  faith  in  the  transaction 
and  the  way  it  had  been  carried  out. 

That  man  took  his  little  grip.  He  occupied  but  a 
very  small  space  in  the  waiting  room  at  the  terminal 
of  that  road,  or  wherever  he  might  get  off — doubtless 
not  using  It  at  all.  He  occupied  but  one  seat  in  that 
car.  He  took  his  little  grip  and  set  it  down  by  the  side 
of  him.  and  when  he  reached  his  destination  inside  of 
three  or  four  hours,  instead  of  10  days,  he  took  that 
grip  up  and  stepped  off  from  the  train — not  one  bit  of 
trouble.  But,  gentlemen,  he  paid  3  cents  a  mile.  The 
other  fellow  who  occupied  the  entire  room  and  took  10 
days  to  make  the  trip  had  his  ticket  audited  in  and 
audited  out  and  got  it  for  2  cents  a  mile.  That  is  the 
kind  of  rates  we  come  upon  when  we  come  to.  rates 
fixed  by  railroads. 

'  Now,  let  us  see  further.  Down  by  the  Great  Lakes 
in  Michigan  the  manufacturers  of  salt  furnish  the  salt, 
the  sack,  and  the  labor.  They  load  that  salt  on  the  cars 
and  ship  it  to  their  wholesale  merchant  or  jobber,  and 
that  shipper  sells  me  that  sack  of  salt  for  48   cents  a 


hundred   pounds   after  everything  was  furnished,   railroad 
transportation  and  all. 

The  alluvial  soil  produces  100  pounds  of  potatoes, 
100  pounds  of  peaches,  100  pounds  of  cotton,  or  100 
pounds  of  any  other  commodity,  I  do  not  care  what  it 
is.  We  undertake  to  pass  that  back  in  the  warehouse 
that  the  salt  came  out  of,  but  we  cannot  do  it  at  less 
than  65  or  70  cents.  Still  you  say  we  cannot  discrim- 
inate; that  things  are  fair  and  equal.  I  cannot  see  it. 
That  is  not  all.  The  lumber  interests  of  northern  Louisi- 
ana, 300  miles  from  the  city  in  which  I  live,  get  identi- 
cally the  same  rate  into  Kansas  City  and  Chicago  that 
Little  Rock  gets.  That  is  what  is  the  matter.  It  Is  a 
question,  sir,  that  the  railroads  have  absolutely  put 
in  the  rate  themselves.  If  there  is  a  confiscatory  rate 
they  have  put  it  into  effect;  it  has  not  been  done  by  any 
commission   whatever. 

Then  they  come  in  and  say  that  local  rates  are  very 
expensive.  They  say  that  some  testimony  shows  it  to 
he  from  200  to  400  per  cent  greater  on  an  intrastate 
tl:an  on  an  interstate  shipment.  Gentlemen,  it  is  ab- 
surd. Because  there  is  a  particular  line  which  you  can- 
not tell  when  you  pass  over  it  does  not  make  that  an 
expensive  shipment.  Supposing  that  you  ship  from 
some  point  in  Oklahoma  into  Arkansas,  which  is  a  local 
shipment  and  an  interstate  shipment.  Could  you  say  to 
me  what  they  are  saying  to-day,  that  that  shipment  is 
more  costly,  owing  to  the  fact  that  it  is  an  interstate 
shipment,  than  it  would  be  for  the  identical  same  dis- 
tance and  the  same  service  on  the  same  commodity 
shipped  in  as  intrastate  shipments?  In  other  words, 
that  the  removing  of  the  line  would  raise  the  cost  of 
shipment  200  to  400  per  cent,  according  to  their  state- 
ments— an   impossibility. 

There  may  be  more  expense  attached  to  a  local  train, 
if  we  take  it  to  the  train.  Why?  Simply  because  that  Is 
the  very  car  that  takes  care  of  St.  Louis,  Chicago,  New 
York,  Philadelphia,  and  every  other  northern  market. 
There  is  a  shipment  to  be  made  to  St.  Louis,  our  dis- 
t'ibuting  point,  of  local  shipments.  Those  shipments  are 
fill  combined  into  one  car.  They  send  it  to  Little  Rock 
or  Newport  or  Memphis  or  to  Fort  Smith.  There  the  ship- 
ments are  distributed  out  among  the  local  trains,  and 
the  local  trains  in  the  various  directions  carry  these 
shipments.  They  are  interstate  shipments  and  belong  to 
interstate  freight  and  should  not  be  charged  up  to 
intrasate  expenses.  When  we  begin  to  fix  rates  and 
talk  rates,  we  hear  them  begin  to  say  that  these  rates 
sre  too  low.  If  they  are  too  low,  the  truth  is  that  the 
lates  which  are  low  are  the  very  identical  rates  which 
they  have  made  themselves  and  not  the  rates  that  we 
have   put   into   effect. 

I  live  in  a  cotton  country.  It  costs  us  $1.25  a  bale, 
upon  an  average  of  500  pounds,  to  move  that  cotton  for 
a  distance  of  over  25  miles — anything  over  25  miles. 
That  same  railroad  company  will  pick  that  bale  of  cotton 
up  at  concentration  centers  and  move  it  to  Boston,  Mass., 
for  65  cents  a  bale  of  500  pounds.  Well,  you  say,  you 
can  get  something  back  on  your  bill  of  lading.  You 
can  get  that  if  you  go  and  demand  it  and  your  jobber 
is  willing  to  give  it  to  you.  If  you  are  a  large  shipper 
of  cotton,  you  can  get  that  back  all  right.  But  there 
are  other  things,  discrepancies,  that  come  in  here.  Just 
a  few  weeks  ago  we  had  a  case  like  this — and  I  have  a 
resolution  upon  this  question  to  introduce  which  will 
come  up  later.  But  I  am  going  to  recite  the  case  to 
you    in    connection    with   this   question   of   rate   making. 

There  was  a  man  in  the  junk  business.  You  say  it 
is  a  humble  business.  That  is  true,  but  it  is  a  legitimate 
business.  It  is  something  that  cannot  move  without 
a  reasonable  rate,  and  if  it  cannot  move  it  absolutely 
decays  and  goes  to  ruin.  A  man  went  to  the  Iron 
Mountain  station  in  the  town  of  Texarkana  and  asked 
the  railroad  what  the  rate  on  junk  would  be  to  Boone- 
ville,  a  distance  of  about  260  miles.  He  told  him  the 
rate  was  15  cents  a  hundred.  That  man  sent  his  agent 
over  there  to  load  that  car  of  junk.  He  loaded  it.  Under 
a  State  rule  they  have  what  they  call  a  loaded  stop- 
over privilege,  five  days  for  each  stop,  not  exceeding 
three  stops.  That  man  loaded  at  Boonevile,  going  west. 
He  loads  at  another  point,  Mansfield;  and,  let  us  say, 
another  point,  all  within  the  State  of  Arkansas.  Under- 
stand, this  was  on  a  15-cent  rate.  But  because  he  went 
right    on    into    Oklahoma    and    down    another    road    into 


92 


National  Association  of  Railway.  Co.mmissioneus 


Texarkana  they  charged  him  a  46-cent  rate,  the  sum 
of  the  two  locals,  making  the  freight  on  that  car  of 
junk  amount  to  $112,  when  the  entire  value  of  the  car 
of  junk  was  |82.  It  deprived  him  not  only  of  his 
property,  but,  according  to  their  rules,  they  took  his 
property  and  threatened  suit  to  collect  the  balance  of 
the  freight  charge. 

Now,  these  are  some  of  the  troubles  we  encounter 
in  the  rate-making  proposition  as  we  meet  it.  There  is 
an  opportunity  to  control  these  rates,  but  at  present  we 
are  not  rate  makers.  We  hope  soon  to  have  the  oppor- 
tunity again  to  be  rate  makers,  and  when  that  time 
comes  we  will  want  them  to  have  a  fair  return  upon 
every  dollar  they  have  invested  in  our  State,  and  we 
Intend  to  see  they  have  it.  We  intend  to  see  they  have 
a  fair  return,  regardless  of  the  fact  that  we  have  given 
them  millions  of  dollars  in  donations  from  that  sparsely 
settled  country  in  order  to  get  these  roads.  We  are 
willing  to  throw  up  our  hands  and  say,  "Take  four  or 
five  or  six  million  dollars'  worth  of  timber  as  a  free 
gift";  we  are  willing  to  say,  "Take  this  million  and  a 
half  dollars  we  have  donated  to  you  to  get  you  through 
our  towns;  we  are  willing  to  give  you  a  fair  revenue 
upon  all  this,  but  what  we  want,  gentlemen,  is  reason- 
able rates  and  a  rapid  transportation  of  the  products 
which  we  are  able  to  furnish." 

Is  it  not  a  shame  that  we  have  to  put  up  with  this 
service,  when  we  are  within  one  day's  run  of  market 
centers;  that  there  are  people  enough  in  one  city  alone 
to  consume  every  apple  that  can  be  raised  in  Arkansas, 
every  peach  that  can  be  raised  in  Arkansas,  and  every 
Irish  potato  and  sweet  potato  that  can  be  raised  in 
Arkansas?  Still  we  are  confronted  with  the  question  that 
It  takes  $1.15  to  reach  the  market,  when  the  commodi- 
ties I  have  just  told  you  of  will  come  from  the  Great 
L>akes  and  Michigan  down  to  us,  with  everything  fur- 
nished, and  sold  to  us  by  a  jobber  at  48  cents  a  hundred 
pounds.  Give  us  an  opportunity  to  get  into  the  markets 
and  we  will  get  there.  The  stuff  can  be  raised  If  we 
can  ever  get  the  rates. 

We  are  not  saying  the  interstate  rate  is  the  only 
rate  that  has  been  put  in  by  the  railroads  at  a  wrong 
rate.  This  passenger  rate  I  mentioned  is  a  question  of 
local  traffic.  What  brought  the  local  condition  of  the 
2-cent  rate  in  our  State,  which  I  mentioned  upon  this 
floor  a  day  or  two  ago?  It  was  the  fact  that  the 
Missourian,  or  a  man  from  Oklahoma,  or  from  Memphis 
and  the  State  of  Tennessee,  and  even  as  far  away  as 
from  Philadelphia  and  New  York,  could  come  into  the 
State  of  Arkansas  and  travel  at  the  rate  of  2  cents  a 
mile,  while  the  traveling  man  in  our  State  had  to 
pay  2%.  The  traveling  men  came  before  the  Arkansas 
legislature  and  brought  such  a  power  to  bear  that  It 
was  like  a  cyclone,  and  not  a  man  in  that  body  waa 
opposed  to  the  2-cent  proposition  when  it  was  put  up 
there.  The  result  was  what?  An  injunction.  Who 
did  that  Injunction  come  against?  Did  it  come  against 
the  traveling  man?  No;  never.  The  jobber  and  the 
traveling  man  was  a  man  of  too  much  money,  too  much 
brain,  at  that  time  for  the  railroads  to  attack  him.  It 
simply  comes  to  this,  that  the  man  was  paying  3  cents 
a  mile.  The  3-cents-a-mile  man  was  the  only  man  en- 
joined. 

After  that  the  traveling  man  could  go  and  get  his 
book  and  go  along  on  a  2-cents-a-mlle  rate.  The  rail- 
roads were  in  the  position  of  saying,  "We  want  to 
keep  the  jobber  off  of  us;  we  want  to  keep  the  brainy 
traveling  man  off  of  us;  but  you  fellows  working  in 
the  fields  and  toiling  in  the  shops  have  not  got  the 
time  to  give  to  these  things,  and  we  are  going  to  charge 
you  3  cents  a  mile."  And  they  have  done  it  and  are 
doing  it  up  until  to-day.  Recently  they  have  eased  up 
a  little  on  the  traveling  man.  This  year  they  have  come 
up  to  two  and  a  quarter  or  two  and  a  half.  I  believe 
they  are  up  to  two  and  a  half  now.  if  he  stands  that, 
the  next  thing  you  know  they  will  ease  up  a  little  more 
on  him.     They  will  get  that  just  as  high  as  it  was. 

Now,  it  is  claimed  that  freight  rates  are  made  on 
a  scientific  basis.  I  say  the  way  they  make  them  is  to 
Impose  on  a  commodity  all  that  It  will  bear.  Let  us  see 
If  they  are  doing  that  even.  That  looks  to  me  like  a 
farce  when  you  say  that  the  rates  of  the  United  States 
are   made   upon    a   scientific   basis.     In    the   face   of   that 


I  say  they  are  made  on  the  basis  of  all  that  a  commodity 
will  bear.  Take  a  sack  of  sugar  and  a  sack  of  salt. 
We  can  move  a  sack  of  sugar  in  our  State  100  miles 
for  27  cents,  and  we  can  move  a  sack  of  salt  the 
same  distance  for  17  cents,  a  difference  of  10  cents  per 
hundred    pounds. 

The  transportation  cost  of  one  is  27  cents  a  hundred 
pounds  and  of  the  other  is  17  cents  a  hundred  pounds, 
and  yet  if  sugar  is  fine  sugar  you  could  not  by  your 
eyes  tell  which  was  salt  and  which  was  sugar!  The 
difference,  they  claim,  is  due  to  the  risk  in  loading  and 
unloading  that  article,  and  they  say  that  the  sugar  man 
can  bear  a  rate  more  exorbitant  than  the  salt  man, 
which  is  their  reason  for  putting  in  this  rate.  W» 
acknowledge  the  same  thing,  but  we  do  say  it  should 
not  really  require  any  more  labor,  it  should  not  requiro 
any  more  power,  to  move  that  sack  of  sugar  than  i; 
does  that  sack  of  salt.  The  risk  may  be  a  little  greater, 
but  I  will  say  that  if  these  risks  are  paid  like  thos(^ 
of  our  damage  claims  are  paid  it  does  not  amount  t<' 
much,  gentlemen. 

We  sometimes  have  been  getting  them  paid  in  threi 
months  or  six  months.  I  want  to  illustrate  to  you  hov 
our  claims  go  down  there  and  how  our  penalties  go 
too.  The  law  says  specifically  that  there  is  a  certaii 
fine  placed  upon  them  if  they  violate  this  tariff.  Still 
we  have  a  condition  like  this:  A  man  came  into  mj 
office  the  other  day  and  laid  before  me  a  proposition.  H< 
said:  "I  shipped  a  carload  of  lumber  from  a  little  towr 
seven  miles  south  of  my  place  of  business  and  brought 
It  up  to  a  junction  point;  then  I  billed  it  on  the  same 
bill  of  lading  directly  through  to  the  northern  market 
Now,"  he  says,  "they  have  charged  me  the  local  freight 
up  to  the  junction  point.  "  Then  they  charged  me  th« 
freight  from  that  point  on,  and  the  freight  is  directl> 
the  same  from  point  of  origin  as  it  is  from  the  junctlor 
point.  What  do  you  think,  now,  about  my  getting  bacV 
my  freight  from  the  local  point?"  I  said,  "It  becomes  ar 
interstate  proposition  and  something  we  cannot  handle,  but 
suppose  you  figure  out  the  freight." 

He  did  so,  and  we  saw  that  even  on  the  most  ex 
orbitant  basis  there  was  an  overcharge  of  about  $6 
We  referred  that  to  the  chief  bureau  at  Chicago.  Wher 
we  send  those  matters  to  be  adjusted  in  Chicago,  1 
tell  them,  where  it  has  been  on  these  little  roads  foi 
a  short  distance  and  a  local  shipment,  we  assume  it  If 
sent  to  hades,  so  far  as  getting  a  settlement  out  of  It 
is  concerned. 

But  that  man  had  been  overcharged  $6,  and  here  Is 
about  the  tenor  of  the  letter  that  he  received  from  Chi 
cago:  "We  hereby  consider  your  shipment  was  a  local 
shipment  from  the  point  of  origin  up  to  the  point  ol 
centralization,  and  that  from  there  on  the  rate  is  cor 
rect.  So  we  consider  the  rate  just,  and  according  tc 
the  tariff  and  the  law  we  take  the  liberty  to  hereby 
close  our  books  against  you."  That  is  about  the  kind 
of  letter  that  he  got.  That  is  the  way  those  claims 
are  settled.  That  is  the  way  they  are  generally  dis 
posed  of.  This  junk  man  down  there  who  was  charged 
$112  for  his  freight  compromised  on  $100,  and  paid 
them  $18  and  some  cents  rnore^  than  the  whole  carload 
of  junk  was  worth  to  get  rid  of  it. 

Now,  so  far  as  the  rates  are  made,  I  cannot  see  thai 
they  are  made  on  any  scientific  basis.  They  simplj 
make  the  rate  at  what  they  think  the  commodity  wil' 
bear,  and  they  do  not  care  very  much  in  our  State 
whether  that  product  moves  or  not,  because  their  freight 
trains  are  loaded  from  engine  to  caboose.  They  havt 
all  they  can  pull,  and  they  do  not  need  to  encourage 
transportation  at  all.  They  are  just  as  liable  to  delivei 
your  car  of  flour  across  a  ditch  12  feet  wide  and  2C 
feet  wide  as  they  are  to  place  that  car  on  a  local  tract 
where  we  can  come  up  to  it.  The  question  of  rate 
making  and  regulating  rates  is  the  important  questiot 
with  us.  I  hope  I  have  not  unduly  taxed  your  patience 
but  I  wanted  to  say  something  on  this  question  of  rate 
making,  and  hated  to  see  it  go  by  default. 

The  Secretary.  Florida  (no  response) ;  Georgia  (n< 
response);  Illinois  (no  response);  Iowa  (no  response); 
Kansas  (no  response) ;  Kentucky  (no  response) ;  Mary 
land  (no  response) ;  Massachusetts  (no  response) ;  Michi 
gan  (no  response) ;  Minnesota  (no  response) ;  Missour 
(no    response);    Montana    (no    response);    Nebraska    fnc 


Proceedtn-gs  of  ttte  Twenty-Third  Axnuai.  Con'ventiox 


93 


response) ;  New  Hampshire  (no  response) ;  New  Jersey 
(no  response);  New  York,  first  district  (no  response): 
New  York,  second  district  (no  response) ;  North  Dakota 
(no    response) ;    Ohio. 

Mr.  GoTHUK,  of  Ohio.  This  subject  of  rate  making  is  a 
very  interesting  subject  to  me,  and  if  the  time  were 
opportune  I  would  like  to  talk  on  it— had  the  question 
come  up  on  Wednesday  or  Thursday— but  in  my  opinion 
this  is  not  an  opportune  time.  I  could  nipt  adequately 
express  what  I  want  to  say  in  a  few  minutSs.  It  would 
take  me  at  least  30  minutes,  and  I  do  not  feel  this 
morning  like  taking  that  much  time.  I  hope  some  time 
this  association  will  be  able  to  get  around  to  this  sub- 
ject of  rate  making  when  we  can  all  take  more  inter- 
est in  it. 

The  Secretary.     Oklahoma. 

Mr.  Watson,  of  Oklahoma.  I  do  not  want  to  consume 
more  than  a  few  minutes.  In  rate  making  there  are 
several  factors  to  be  considered.  One  of  the  most 
important,  I  think,  Is  investments  which  are  made  by 
the  carriers.  I  notice  in  the  decisions  of  some  of  the 
courts  that  where  the  commissions  of  some  of  the 
States  have  based  their  rates  upon  the  valuation  of 
the  property,  and  that  has  been  shown  to  give  a  reason- 
able compensation  to  the  carriers,  that  those  rates  have 
been  sustained.  The  trouble  with  some  commissions  is 
in  the  valuation  of  the  property.  Those  States  which 
have  been  sustained  in  their  rates  made  their  valuation 
upon  what  the  property  is  worth  to-day.  Some  others 
think  that  they  had  better  make  their  rates  upon  the 
valuation  of  the  property  replaced  anew. 

The  railroad  companies  take  into  consideration  their 
investments  upon  their  rolling  stock,  and  I  believe  in 
their  reports  they  tell  you  a  steam  engine  or  locomo- 
tive engine  costs  on  an  average  about  $1,5,000,  and  the 
life  of  that  engine  is  approximately  about  2.5  years. 
The  steel  rails  at  what  they  cost,  and  the  life  of  those 
rails  at  about  25  years.  The  box  cars  at  what  they 
cost,  and  the  life  of  those  Is  about  20  years.  The  flat 
cars  at  cost,  and  the  life  of  those  about  15  years.  But 
they  take  oft  each  year  the  cost  of  those  equipments. 
For  instance,  the  life  of  a  locomotive  being  25  years 
and  costing  $15,000,  they  take  off  one  twenty-fifth  of 
that  each  year  and  add  to  some  account. 

The  same  way  with  the  steel  rails.  If  the  life  of 
that  rail  is  25  years,-  they  take  oft  one  twenty-fifth  of 
that,  and  at  the  same  time,  at  the  expiration  of  25 
years,  that  has  a  little  more  salvage  due  it  than  a 
box  car  or  a  steam  engine.  If  you  take  the  valuation 
of  properties  of  the  railroads  at  what  they  show  to 
be  with  the  depreciation  off  each  year,  and  base  your 
rates  upon  that,  the  decisions  of  some  of  the  courts 
in  those  cases  have  sustained  that  valuation.  Where 
some  of  the  States  have  placed  the  valuation  upon  the 
replacement  value  anew,  the  courts  did  not  sustain  It 
from  the  fact,  like  in  the  Minnesota  case,  where  you 
take  these  cases  up  before  some  of  the  Federal  judges 
west  of  the  Mississippi  River,  I  might  say  they  only 
see  two  things:  One  is  the  cost  of  the  property,  and 
the  other  the   earnings  upon  that  property. 

So  if  you  show  the  cost  of  the  property  to  be  fair 
and  reasonable  and  the  earnings  fair  and  reasonable, 
you  will  likely  be  sustained  by  the  courts.  But  when 
the  cost  of  the  property  is  beyond  all  reason,  you  can- 
not make  a  rate  within  the  bounds  of  reason  that  will 
give  the  railroad  company  the  property  earnings  upon 
what  they  claim  they  have  invested.  And  hence,  without 
any  criticism  upon  our  judges  west  of  the  Mississippi 
River,  they  see  only  the  earnings  of  a  railroad,  and  so 
far  as  the  other  things  that  enter  into  that  are  concerned, 
they  are  about  as  ignorant  as  anybody  else  upon  that 
subject. 

I  might  add,  Mr.  President,  that  our  experience — the 
experience  of  a  great  many  of  us  who  have  been  pulled 
into  the  Federal  courts  west  of  the  Mississippi  River — 
is  that  we  would  prefer  to  try  our  cases  before  the 
president  of  the  railroad  rather  than  some  of  those 
Federal  judges,  because  the  president  of  the  railroad 
has  a  better  idea  of  them  than  the  Federal  judges  seem 
to   have. 

But  if  we  want  to  carry  our  cases  to  a  higher  tribu- 
nal, where  we  have  more  confidence,  it  would  be  best  for 
us    to    place    our    valuations    upon    the    property    as    the 


property  shows  to-day  and  take  the  depreciations  that 
they  render  to  the  State  commissions  and  the  Inter- 
state Commerce  Commission  to  show  what  that  valua- 
tion is  to-day.  When  we  do  that  we  can  make  a  reason- 
able rate  that  will  be  entirely  satisfactory  to  the  people 
of  the  States  and  at  the  same  time  I  believe  that  we 
will  be  sustained  by  the  Supreme  Court  of  the  United 
States  In  those  rates,  because  a  reasonable  rate  under 
that  valuation  would  show  a  proper  dividend,  sufficient 
upon  the  valuation.  So  that  I  think  that  Is  one  of  the 
things  which  should  be  considered  in  taking  the  valua- 
tions of  all  of  these  corporations — not  only  of  railroads, 
but  telephone,  telegraph  and  everything  upon  which  we 
place  a  rate — that  it  should  be  based  to  a  great  extent 
upon  the  valuation  of  that  property  with  the  deprecia- 
tion off.  When  we  do  that  I  believe  that  we  will  be 
sustained  by  the  Supreme  Court  of  the  United  States, 
because  the  earnings  will  justify  it. 

The  Secret.\ry.  Oregon  (no  response) ;  Pennsylvania 
(no  response):  South  Carolina  (no  response):  South 
Dakota. 

Mr.  Robinson,  of  South  Dakota.  I  do  not  wish  to  say 
anything  particularly  upon  this  very  important  subject, 
tor  I  realize  the  importance  of  it,  and  that  in  order 
to  say  anything  -that  would  be  instructive  to  this 
body  of  men  a  man  should  be  prepared. 

Our  commission  is  peculiarly  constituted.  We  have 
a  lawyer  on  it  who  does  the  talking,  we  have  a  doctor 
who  attends  to  the  ills  of  the  people,  and  then  we  have 
a  common  business  man.  I  happen  to  be  the  business 
man,  and  I  look  upon  this  from  a  business  standpoint. 

It  seems  to  me  the  most  important  items  to  be 
considered  in  rate  making  are  the  value  of  the  property 
invested,  and  that  this  body,  or  any  other  body  having 
to  do  with  this  subject,  should  require  a  strict  account- 
ing of  all  the  incomes  and  all  the  expenditures  of  those 
systems.  If  any  commission  has  those  two  factors,  it 
seems  to  me  it  would  not  be  difficult  to  make  a  proper 
rate. 

Now,  this  is  all  I  have  to  say,  and  I  think  these 
are  the  two  very  important  subjects  in  connection  with 
rate   making. 

The  Secretary.  Virginia  (no  response) ;  Wisconsin  (no 
lesponse):  Interstate  Commerce  Commission  (no  re- 
sponse).    That  completes  the  calling  of  the  roll. 

POWERS,  DUTIES,  AND  WOBK  OF  STATE  RAILWAY  COMMISSIONEBS 

The  President.  The  next  subject  to  be  dealt  with  is 
the  powers,  duties,  and  work  of  State  railway  commis- 
sioners. I  presume  we  will  deal  with  this  in  the  same 
manner. 

Mr.  Kii.PATRicK,  of  Illinois.  I  would  make  a  motion  to 
this  effect:  That  this  subject  be  discussed  informally 
by  a  call  of  the  roll,  as  was  done  with  the  previous 
subject,  and  that  gentlemen  who  speak  be  restricted  in 
their  remarks  to  not  to  exceed  five  minutes. 

The  motion  was  carried. 

The  Secretary.  Arizona  (no  response) ;  Arkansas  (no 
response;  Florida  (no  response);  Georgia  (no  re- 
sponse; Illinois  (no  response);  Iowa  (no  response); 
Kansas. 

Mr.  HoGUELAND,  of  Kansas.  On  behalf  of  Kansas  I  de- 
sire to  say  that  we  have  had  created  recently  a  public 
utilities  commission.  Our  law  has  been  modeled  some- 
what after  that  of  Wisconsin  and  New  York.  Prior  to 
May  22,  1911,  a  board  of  railroad  commissioners,  con- 
sisting of  three  commissioners,  existed  in  our  State 
This  commission  had  almost  absolute  control  over  com 
mon  carriers,  but  no  control  over  utilities.  The  new 
act  confers  upon  the  new  commission  all  the  various 
duties  that  devolved  upon  the  old  commission,  and  ir 
addition  thereto  the  supervision  and  control  over  tele 
graph  and  telephone  lines,  water,  light,  gas,  and  powei 
companies  other  than  those  located  wholly  or  prlncipallj 
within  any  city. 

This  provision  excludes  from  our  control,  as  you  wll' 
note,  utilities  situated  wholly  or  principally  within  anj 
city.  It  is  our  judgment  that  this  is  wrong,  that  the  con 
trol  of  all  utilities,  both  State-wide  and  those  within  cities 
should  be  vested  in  the  State  commission.  I  might  alsc 
add  that  the  law  confers  upon  our  commission  contro 
over  the  issuance  of  stocks  and  bonds.  It  also  gives  th« 
commission  the  right  to  say  whether  a  new  organization 


!)4 


National  Association  of  Eailway  Commissioners 


a  new  common  carrier  or  utility,  sliall  begin  business 
within  the  State.  And  under  a  consolidation  of  corpora- 
tions no  sale  of  stock  in  competing  corporations  or  util- 
ities can  be  made  without  the  consent  of  the  commission. 

The  Secret ABY.  Kentucky  (no  response).  Maryland 
(no  response).  Massachusetts  (no  response).  Michigan 
(no  response).  Minnesota  (no  response).  Missouri  (no 
response).  Montana  (no  response).  Nebraska  (no  re- 
sponse). New  Hampshire  (no  response).  New  Jersey 
(no  response).  New  York,  first  district  (no  response). 
New  York,  second  district. 

Mr.  Deckeb,  of  New  York.  I  feel  somewhat  like  the 
gentleman  from  Ohio  did  with  relation  to  rate  making. 
To  make  this  order  of  business  interesting,  I  think  we 
should  be  able  to  make  a  pretty  full  comparison  between 
tne  different  States  and  to  enter  into  a  discussion  of 
vhat  might  be  done  in  the  way  of  making  some  powers 
n.ore  extensive  in  some  States  or  making  them  con- 
form to  the  general  rule  in  all  States  as  to  particular 
powers,  a  discussion  as  to  how  the  duties  are  performed 
iXid   generally  how  the  work  progresses. 

I  sympathize  with  the  idea  that  this  morning  we 
ought  to  be  confined  to  five  minutes,  but  it  is  perfectly 
impossible  for  any  commissioner  to  state  the  powers, 
duties,  and  work  of  his  commission  and  discuss  them 
within  that  space  of  time.  Some  years  ago,  I  think  three, 
we  had  a  very  full  report  upon  the  subject  of  the  duties 
and  the  work  of  State  commissions.  That  report  is 
contained  in  our  proceedings.  It  was  of  very  great  bene- 
fit to  us,  and  we  did  discuss  that  report.  It  was  one 
of  the  most  Interesting  features  of  the  meeting. 

I  am  Inclined  to  think  that  without  a  committee  re- 
port, or  without  some  general  participation  by  numerous 
commissioners  in  attendance  in  regard  to  their  own 
work  and  duties  and  powers,  that  merely  getting  up 
for  a  few  minutes  and  stating  a  general  outline  of  the 
work  of  the  commission  is  rather  perfunctory.  I  may 
adrf,  however,  for  the  benefit  of  those  present,  that  the 
powers  of  the  New  York  commission  are  very  extensive. 
I  think  they  comprise  every  department  of  railroads 
and  other  utility  corporations.  It  is  our  effort  to  refrain 
from  interfering  with  the  management,  except  where  in- 
justice is  indicated,  where  improvements  are  necessary, 
where  rates  as  you  know  are  excessive,  where  the  cap- 
italization sought  is  plainly  unjust. 

I  may  say  the  law  in  New  York  appears  to  be  working 
very  well,  and  it  seems  to  be  accepted  as  a  good  law, 
one  to  be  observed  not  only  by  the  public  but  by  the 
uanagers  of  the  companies  who  are  subject  to  its  oi>era- 
tion. 

The  Secretary.  North  Dakota  (no  response) ;  Ohio 
(no  response) ;  Oklahoma  (no  response) ;  Oregon  (no 
response;  Pennsylvania  (no  response);  South  Carolina 
(no  response);  South  Dakota  (no  response);  Virginia 
(no  response);  Wisconsin  (no  response).  That  com- 
pletes the  calling  of  the  roll. 

INVITATION    TO    CANADIAN    COMMISSION. 

Mr.  KiLPATBicK,  of  Illinois.  I  rise  for  the  purpose  of 
making  a  motion.  The  president  of  our  association  indi- 
cated that  there  was  present,  at  least  yesterday,  a  repre- 
sentative of  the  railroad  commission  of  the  Dominion  of 
Canada. 

Some  years  ago,  some  of  the  gentlemen  of  this  con- 
vention may  recall,  I  made  a  motion  at  that  time  re- 
questing the  president  of  this  association  to  Invite  the 
railroad  commissioners  of  Canada  to  be  present  at  the 
sessions  of  this  convention  and  to  participate  In  its  de- 
liberations. 

I  want  to  renew  that  motion  now,  for  this  reason, 
that  possibly  some  of  the  gentlemen  here  realize  the 
fact  that  the  Canadian  commission  is  In  a  measure 
interested  in  the  work  of  the  commission  of  the  United 
States.  The  commissioners  from  Michigan  will,  I  think, 
bear  me  out  in  the  statement  that  the  work  of  the  Ca- 
nadian commission  laps  over  into  their  territory,  and 
possibly  in  Ohio;  and  I  know  that  in  Maine  the  Inter- 
national Railroad  of  Canada  operates  a  line  of  road 
through  their  State.  I  know  that  we  of  Illinois  have 
mutual  interests  with  the  Canadian  commission,  and  I 
vas  In  hopes  that  I  would  meet  the  gentlemen  from 
Canada  to-day. 

I  renew  my  motion  made  several  years  ago  that  the 


cle 

I 


president  of  this  association  be  requested  to  invite  t' 
Canadian  commissioners  to  meet  with  this  association 
at  its  next  annual  meeting  and  iiarticlpate  in  its  delib- 
erations. 

Mr.  GoTHLiN,  of  Ohio.  I  am  in  hearty  sympathy  with 
the  tenor  of  that  resolution,  but  I  would  ask  the  mover 
to  allow  just  a  slight  correction  or  addition,  namely, 
that  they  be  present  in  person  or  by  proxy.  That  is. 
If  they  cannot  come,  that  they  send  a  representative 
to  attend  our  meeting, 

Mr.  KiLPATBiCK,  of  Illinois.  I  will  accept  that  amend- 
ment. 

The  motion  was  carried. 

Mr.  Patton,  of  Oklahoma.  As  a  matter  of  information 
I  would  like  to  ask  .Mr.  Decker  one  question,  Whether 
or  not  the  New  York  Public  Service  Commission  has  the 
authority  to  make  and  enforce  emergency  rates  pending 
a  hearing  on  any  matter  that  might  come  before  the 
commission? 

Mr.  Decker,  of  New  York.  I  would  say  in  answer  to 
the  question  of  the  gentleman  that  we  do  not  have  au- 
thority to  suspend  a  proposed  increase  in  rates  nor  to 
put  in  so-called  emergency  rates  upon  the  prima  facie 
showing  of  the  complainant. 

Mr.  Patton.    Only  on  hearing? 

Mr.  Decker.     Yes,  sir? 

shippers'  claims  on  cabbiees. 

The  President.  There  is  one  other  report  now,  shippers' 
claims  on  common  carriers.  It  is  my  understanding  no 
report  has  been  made. 

There  was  an  unfortunate  circumstance  which  is  re- 
sponsible for  this  situation.  The  president  in  appointing 
this  committee  overlooked  the  fact  that  the  last  conven- 
tion continued  the  old  committee.  Therefore  a  new  com- 
mittee was  appointed.  Later,  when  this  was  discovered, 
'  I  notified  the  committee  I  had  appointed  that  the  old 
committee  was  continued,  and  also  notified  the  old  com- 
mittee, asking  them  to  make  the  report.  Mr.  Harlan 
v.-as  chairman  of  that  committee.  He  was  on  his  vacation, 
I  believe,  at  the  time,  and  it  seems  my  letter  to  him 
was  very  much  delayed,  so  that  he  felt  he  would  not  have 
time  to  prepare  such  a  report,  and  requested  that  the 
committee  appointed  -by  me  make  the  report.  I  then 
took  it  up  with  the  committee  and  was  notified  by  the 
chairman  that  he  had  not  been  continued  as  a  railroad 
commissioner  and  therefore  he  had  not  prepared  a  report. 

Mr.  Staples,  of  Minnesota.  Is  not  that  one  of  the 
r.iatters  referred  to  in  the  president's  address  before 
this  convention? 

The  President.  This  is  a  general  subject.  My  reference 
was   to.  misquotation   of   rates  and  dropping  of  prepay. 

Mr.  Staples,  of  Minnesota.  Would  It  not  be  Involved  in 
the   general  subject? 

The  President.    Well,  perhaps  it  would. 

Mr.  Staples,  of  Minnesota.  If  It  is  not  out  of  order 
I  will  move  at  this  time  that  the  particular  reference 
to  that  topic  contained  in  the  president's  address  be 
referred  to  the  committee  on  legislation.  It  seems  to 
me  that  the  manner  In  which  that  particular  matter 
is  handled  by  the  preident  is  one  which  calls  for  a 
recommendation  for  specific  legislation  upon  that  one 
pliase  of  the  question. 

While  I  would  not  wish  to  take  from  the  proper 
functions  of  tne  committee  on  claims  any  part  of  its 
work,  I  think  that  it  can  be  segregated  so  that  that 
portion  referred  to  by  the  president  might  properly  be 
handled  by  the  committee  on  legislation,  and  1  make 
that  motion  at  this  time. 

Mr.  Staples,  of  Minnesota.  There  should  be  some  dis- 
position made  of  it  before  we  adjourn,  and  I  thought 
this  was  as  good  an  opportunity  as  any  to  have  it  done. 

Mr.  GoTHLiN,  of  Ohio.  The  question  you  are  now  dis- 
cussing, I  believe,  appears  on  page  20  of  the  first  day's 
proceedings,  in  your  address  where  the  following  is  the 
language : 

I  think  there  should  be  a  provision  by  appropriate  legisla- 
tion for  the  recovery  by  the  party  aggrieved  of  a  penalty  of 
$250  and  attorneys'  fees  for  the  misquotation  of  rates  or  the 
dropping  of  prepay  from  billing,  to  be  collected  in  an  action 
against  the  Initial  carrier. 

I  wish  to  explain  to  the  association  that  this,  to- 
gether with  other  recommendations  by  the  president, 
was  referred   to  the  executive  committee.     The  members 


Proceedings  of  the  Twexty-Tiiird  Annual  Convention 


of  the  executive  committee,  of  course,  all  know  this  was 
taken  up  during  the  meeting  yesterday  morning,  and 
we  had  quite  a  lengthy  discussion  in  the  committee  upon 
It.  The  form  of  the  resolution  that  has  been  pre- 
pared by  the  chairman  of  the  committee  was  not  satis- 
factory to  all  the  members  of  the  committee,  and  a  sub- 
committee was  appointed  to  draft  a  suitable  resolution. 
The  subcommittee  has  been  unable  to  get  at  it. 

The   motion   was  carried.  i 

The  Pbesident.  The  next  subject  is  railway  service  and 
railway  accommodations,  and  is  another  topic  on  which 
a  report  has  not  been  prepared. 

Mr.  KiupATBiCK,  of  Illinois.  I  move  that  this  subject  be 
passed  at  the  present  time  and  that  the  committee  for 
next  year  be  continued. 

The  President.    Without  objection,  it  will  be  so  ordered. 

Mr.  McKnight,  of  Arkansas.  I  have  a  little  resolution 
on  that  very  subject  which  we  have  just  had  up,  and  I 
v,ant  to  have  it  referred  to  the  committee  that  is  going 
to  be  appointed  on  that  subject.  I  do  not  want  to  let 
th!s  opportune  moment  pass.  It  is  a  question  of  weights. 
Here  is  the  resolution: 

That  the  question  of  correct  weights  and  the  manner  of 
obtaining  same  by  tfie  carriers  for  the  use  of  the  shipper  In 
determining  the  correct  freight  be  referred  to  the  committea 
on  railway  service  and   railway  accommodations. 

Now,  here  is  the  question  in  reference  to  this  little 
resolution.  It  will  take  just  a  minute.  I  go  to  a  short 
road  there.  A  man  has  a  car  of  lumber  loaded  on  that 
road  for  some  point.  The  railroad  agent  says  this  is  an 
interstate  shipment.  You  have  not  anything  to  say 
about  the  weight  of  this  car,  and  he  will  just  guess  at 
it,  and  he  makes  that  man  pay  on  that  guess.  They 
have  robbed  hundreds  and  hundreds  of  dollars  on  that 
line.  I  would  like  to  have  this  referred  to  that  com- 
mittee. I  will  make  a  motion  that  this  resolution  be 
referred  to  the  committee  which  has  just  been  passed 
ever. 

The  motion  was  carried. 

ACCOUNTS  AND  STATISTICS   OF  ELECTRIC  BAILWATS. 

The  President.  The  next  subject  Is  "Accounts  and 
statistics  of  electric  railways."  I  understand  that  no 
report  has  been  prepared  on  that  subject.  Unless  there 
is  objection,  this  subject  will  be  passed  and  referred  to 
the  committee  for  next  year. 

CONSIDERATION     OF    REPORT     OF    THE    COMMITTEE    ON     BAHWAY 
CAPITALIZATION. 

The  President.  The  special  order  is  the  report  of  the 
committee  on  railway  capitalization. 

Mr.  GoTHLiN,  of  Ohio.  I  asked  that  that  report  be  made 
a  special  order  for  11  o'clock  to-day,  because  the  Public 
Service  Commission  of  Ohio  is  now  confronted  with  a 
problem  on  which  we  want  light  and  information. 

On  the  1st  of  July  the  public  service  commission  was 
Inaugurated.  Notwithshanding  the  law  has  been  in  effect 
but  three  months,  we  have  been  confronted  with  all 
kinds  of  problems.  Promoters  have  come  to  us  and 
tried  to  ascertain  what  our  attitude  would  be.  They 
T/ant  to  know  how  much,  or  what  proportion,  of  an 
Issuance  of  stock  we  would  be  willing  to  allow  promoters 
In  a  new  enterprise — an  interurban  railroad,  tor  instance. 

Interurban  railroads  and  utilities  have  come  to  us 
where  their  existing  indebtedness  is  such  that  the  net 
earnings  were  not  entirely  sufficient  at  the  present  time 
to  pay  the  interest,  or,  in  some  other  cases,  where  they 
are  barely  sufficient,  and  they  need  money  for  exten- 
sions, for  improvements.  They  want  to  add  to  the 
already  heavy  burdens  in  existence  by  issuing  more 
bonds  to  enable  them  to  tide  over,  and  they  will  put 
up  the  most  pitiful  plea  that,  for  instance,  "We  need 
some  money  to  put  in  new  tracks  or  some  new  ma- 
chinery that  is  absolutely  necessary,  and  unless  you 
allow  us  to  do  that  the  public  is  bound  to  suffer,  and 
we  do  not  want  to  -go  into  bankruptcy  at  once.  If  you 
will  let  us  add  $50,000  or  $100,000  to  our  indebtedness— 
we  want  to  sell  them  at  80  or  85 — and  that  will  help 
us  out,  at  least  for  the  time  being. 

And  yet  it  seems  almost  certain  to  anybody  that  looks 
at  the  situation  that  it  only  means  adding  further  burdens 
and  that  the  relief  is  only  temporary.  Now,  what  is  the 
commission  to  do  in  a  case  of  that  kind?     Then,  again,  an 


enterprise  will  come  to  us  and  want  to  start.  They  want 
to  know  whether  we  will  allow  them  to  capitalize  a  certain 
amount  and  hold  capital  stock  without  issuance;  then  to 
issue  bonds  for  a  sufficient  amount  to  construct  the  utility 
or  the  railroad,  or  whatever  it  may  be.  Those  are  live, 
vital  questions  with  us  at  the  present  moment.  We  do  not 
know  hardly  where  to  turn.  They  say  to  us,  "If  you  are 
going  to  be  strict  with  your  ideas,  requiring  us  to  sell  our 
stock  for  full  value,  or  issue  stock  before  we  issue  bonds, 
you  are  going  to  drive  capital  out  of  the  State;  you  are 
going  to  stop  progress  and  construction."  I  have  attempted 
to  outline  some  of  the  problems  before  us,  and  would  ap- 
preciate it  very  much  if  we  could  get  some  light  on  those 
questions. 

Mr.  Hill,  of  Georgia.  Before  the  gentleman  from  New 
York  begins  his  remarks,  in  addition  to  what  has  been 
said  by  the  gentleman  from  Ohio,  I  would  like  to  call 
attention  to  one  or  two  phases  of  this  question  upon  which 
I  would  like  to  have  the  views  of  the  gentleman  from  New 
York.  Our  commission  also  has  jurisdiction  over  stocks 
and  bonds.  We  have  jurisdiction  over  all  public  service 
corporations  doing  business  within  the  State.  I  would 
like  to  know  whether  the  New  York  commission  exercises 
that  jurisdiction  over  interstate  railroads,  and  whether,  in 
his  opinion,  if  it  exercises  that  jurisdiction,  the  jurisdic- 
tion can  be  sustained  in  the  courts. 

A  number  of  such  corporations  have  applied  to  the 
Georgia  commission  for  its  approval  of  stocks  and  bonds, 
and  where  they  have  applied  the  commission  has  exercised 
that  jurisdiction.  In  other  instances  they  have  declined 
to  come  before  the  commission  in  order  to  get  its  approval. 
The  question  has  not  been  raised  or  tested  in  the  courts, 
but  evidently  it  will  be  and  will  have  to  be  tested.  I 
would  like  to  have  information  not  only  upon  that,  but 
upon  one  other  question.  If  I  caught  correctly  the  reading 
of  his  report  yesterday — I  have  not  had  time  to  read  it  yet 
this  morning — he  took  the  position  that  the  securities 
should  be  retired  from  time  to  time  from  the  net  earnings 
of  the  railroad  or  other  corporation,  as  the  case  might 
be.  But  suppose  a  case  of  this  sort:  A  railroad  makes 
application  to  a  railroad  commission  having  jurisdiction 
over  the  subject  for  its  approval  of  stocks  and  bonds  for 
the  purpose  of  building  that  railroad.  The  approval  is 
given.  They  have  no  cash  capital  paid  in.  That  road  is 
built  entirely  from  the  sale  of  stocks  and  bonds.  The  pub- 
lic has  all  those  stocks  and  bonds  and  furnishes  the  money 
to  build  and  equip  that  railroad. 

The  commission  is  asked  to  allow  a  reasonable  rate, 
passenger  and  freight  rate,  upon  a  fair  valuation  of  the 
property  that  is  devoted  to  the  public  use.  Now,  then,  if 
they  are  given  a  rate  that  will  pay  all  of  their  fixed 
charges  and  give  them  a  reasonable  return,  and  if,  in  ad- 
dition to  that,  they  are  given  an  amount  sufficient  to  retire 
these  bonds  from  time  to  time,  who  is  paying  for  that  rail- 
road? Is  not  the  public  paying  for  it?  If  I  understood 
your  position  correctly,  it  seems  to  be  that  the  stock- 
holders have  not  paid  one  cent  for  it  in  the  end.  If  they 
are  allowed,  in  addition,  as  I  say,  to  paying  the  operating 
expenses  and  all  the  fixed  charges,  a  fair  return  besides, 
and  on  top  of  that  an  amount  sufficient  to  retire  these 
bonds  from  time  to  time,  it  seems  to  me  the  public  and 
not  the  stockholders  is  paying  for  the  building  and  equip- 
ment of  that  road.  I  would  like  to  have,  Mr.  President, 
the  views  of  the  gentleman  from  New  York  on  these  ques- 
tions. 

Mr.  Decker,  of  New  York.  Since  the  questions  directed 
to  me  by  the  gentleman  from  Georgia  are  the  last,  perhaps 
they  are  a  little  fresher  in  my  mind,  and  since  he  refers  to 
the  report  which  I  presented  yesterday,  I  may  assume  to 
answer  those  questions. 

I  should  not  like  to  be  put  in  the  position  of  having 
questions  presented  to  me  upon  the  general  subject  of  rail- 
way capitalization  simply  because  I  made  a  general  report 
which  amounts  to  a  mere  dissertation  upon  the  subject. 

I  think  if  he  will  read  the  report  carefully  he  will  note 
that  the  reference  to  paying  for  certain  improvements  was 
a  mere  discussion  of  what  a  railroad  company  might  do 
if  it  were  able  to.  We  might  well  say,  if  it  were  able  to  do 
it  just  as  business  men  might  do  it  in  making  extensions 
to  their  business  buildings.  I  was  referring  chiefly  in  the 
report  to  the  tendency  of  constantly  swelling  fixed  charges, 
a  bonded  debt  which  lies  upon  the  property,  and  it  being 
a  fixed  charge,  piling  up  year  after  year  for  improvements 
which  are  not  always  revenue  producing,  as  we  know,  many 


96 


National  Association  of  Railway  Commissioners 


of  them  being  of  a  character  to  increase  the  safety  of  rail- 
road operations,  or  for  purposes  of  having  large  stations 
and  all  that  sort  of  thing,  much  larger  than  the  public 
really  demands. 

I  need  not  go  into  detail,  but  it  is  a  fact  that  very  many 
Improvements  do  not  begin,  if  they  do  at  all,  to  earn  rev- 
enue until  a  number  of  years  have  passed  after  they  have 
been  made — and  some  of  them  not  at  all.  But  the  gen- 
eral observation  in  the  report  was  to  the  effect  that  if  the 
earnings  permit,  rates  may  be  assumed  to  be  reasonable. 
Indeed,  I  do  not  think  I  refer  to  the  rate  of  return  upon 
the  valuation  of  the  property,  and  I  think  you  will  find 
In  the  report  that  this  is  a  mere  general  observation  upon 
that  subject. 

There  are  many  exceptional  conditions  which  exist 
whereby  it  may  very  well  be  necessary  for  a  railroad  com- 
pany to  keep  on  adding  to  its  debt  account,  and  therefore 
swelling  its  fixed  charge  indefinitely,  where  the  traffic  is 
Increasing  constantly,  and  therefore  the  earnings  are  sup- 
posed to  be  increasing.  That  can  be  done  and  has  been 
done  for  a  long  period  of  years  without  material  hardship 
upon  the  corporation.  But  when  traffic  earnings  cease  to 
increase  and  the  fixed  charges  are  constantly  mounting 
up,  it  needs  no  demonstration  to  Indicate  that  the  rate  of 
return  to  stockholders  must  decrease.  So  I  say  whatever 
observations  upon  that  subject  are  in  the  report  are  purely 
from  the  financial  standpoint. 

As  to  the  other  question,  every  corporation  In  the  State 
of  New  York  which  is  organized  under  the  State  of  New 
York,  as  a  railroad  corporation,  applies  to  us  for  approval 
of  its  stock  and  bond  issues.  The  Delaware  &  Hudson  la 
an  interstate  road.  The  New  York  Central  is  an  inter- 
state road.  The  Erie  is  an  Interstate  road.  They  all 
come  to  us  for  approval  of  their  stock  and  bond  Issues. 
The  legal  question  has  never  been  raised  In  our  State,  as 
BUggested.  For  my  own  part  I  do  not  think  if  it  were 
raised  that  the  law  would  be  held  invalid  by  the  courts  of 
the  State  of  New  York,  since  these  corporations  are  cor- 
porations organized  in  the  State  of  New  York.  It  is  not 
a  question  of  whether  the  proceeds  of  the  stocks  and 
bonds  are  to  be  wholly  put  in  New  York  or  put  in  Penn- 
eylvania. 

Mr.  Hiix,  of  Georgia.  Suppose  the  corporation  was  a 
foreign  corporation? 

Mr.  Deckeb,  of  New  York.  Foreign  corporations  operat- 
ing in  the  State  of  New  York  do  so  under  what  we  term 
a  license  which  is  provided  for  in  our  law.  Only  one  cor- 
poration that  I  recall  now  operating  a  railroad  owns  a 
railroad  in  the  State  of  New  York,  and  that  corporation 
Is  a  foreign  corporation.  The  others  are  New  York  cor- 
porations. One  or  two  of  them  are  leased  by  a  foreign 
corporation.  I  may  instance,  the  Delaware,  Lackawanna 
&  Western,  which  leases  certain  roads  that  are  owned  by 
New  York  corporations.  The  New  York  corporation,  when 
it  desires  to  issue  bonds  or  stocks,  applies  to  us,  and  the 
foreign  corporation,  being  the  lessee,  does  not. 

I  think  the  only  railroad  company  in  which  the- par- 
ticular question  might  arise  would  be  the  New  Haven, 
which  does  operate  its  own  line  to  New  York  City  a  short 
distance  in  New  York  State.  We  may  have  that  question 
under  consideration. 

Referring  to  the  question  propounded  by  the  gentle- 
man from  Ohio,  or  the  matters  stated  by  him,  we  believe 
in  the  State  of  New  York  that  the  promoter,  as  he  is 
commonly  called,  is  entitled  to  just  compensation  for  serv- 
ices which  he  actually  does  render.  I  am  now  speaking 
of  new  corporations — that  Is,  where  new  roads  are  being 
constructed.    We  have  taken  that  position  from  the  outset. 

It  is  not  always  easy  to  arrive  at  the  exact  compensa- 
tion which  is  due  the  promoter;  that  Is  to  say,  what  is  the 
value  of  his  services;  but  we  take  testimony  upon  the 
subject — "How  16ng  have  you  been  engaged?  What  have 
you  done?  What  expenses  have  you  been  under?"  In 
that  way  we  arrive  at  a  fair  approximation,  we  think,  as 
to  the  value  of  his  services.  They  are  to  be  termed  pre- 
liminary expenses.  The  engineering  services  in  prelim- 
inary surveys  come  under  the  same  general  designation. 
The  acquiring  of  rights  of  way  would  be  included  under 
the  general  term  "preliminary  expenses."  But  we  do  not 
lump  that  whole  matter  and  say,  "You  are  entitled  to  50 
per  cent  of  this  bond  issue  or  50  per  cent  of  the  stock 
Issue."  We  try  to  arrive  at  what  Is  just  compensation  for 
the  services  rendered.  '' 

Mr.  Staples,  of  Minnesota.     What  Is  the  measure  of 


justice   or  injustice   which   has  been   done   if  it   develo_ 
afterward  that  this  company  is  merely  a  stool  pigeon  o: 
a  promoting  company  for  an  existing  well-organized  operat- 
ing company,  as  is  often  the  case? 

Mr.  Deckeb,  of  New  York.    We  do  not  have  any  such 
question  before  us.     It  is  the  operating  or  owning  company 
which  comes  before  us,  and  that  is  the  only  one  with  whiclfll 
we  are  concerned.  ^B 

The  cost  of  the  construction  of  the  road  is  estimated, 
and,  of  course,  we  take  very  great  care  that  no  great 
profits  are  going  to  be  secured.     Is  that  what  you  mean? 

Mr.  Staples,  of  Minnesota.  My  question  was  addressed 
to  your  evident  purpose  to  allow  to  the  promoters  certain 
considerations  for  the  risk  and  attendant  work  on  the  mat- 
ter of  promoting  a  new  corporation  or  new  company.  My 
statement  was  that  it  often  develops  afterward  that  it  is 
merely  a  subsidiary  company,  or  practically  so,  of  an  ex- 
isting operating  company. 

Mr.  Decker,  of  New  York.  You  mean  as  to  the  extension 
of  lines?  S] 

Mr.  Staples,  of  Minnesota.    Yes.  ]HI 

Mr.  Decker,  of  New  York.  Under  the  laws  of  the  State 
of  New  York,  improperly,  I  think,  the  steam  railroad  cor- 
porations may  not  extend  their  lines.  It  has  to  be  done 
through  the  medium  of  a  new  company.  We  have  never 
had  the  slightest  question  of  what  company  is  really  be- 
hind the  extension.  There  has  never  been  any  case  in 
my  knowledge  where  there  was  an  attempt  to  conceal  the 
proposed  control  of  new  property.  In  the  case  of  a  new 
company  for  line  extension  purposes  we  do  not  pay  very 
much  attention  to  the  promotion  service. 

In  such  case  the  existing  line  which  desires  to  extend 
its  tracks  usually  organizes  the  company.  The  moneys 
are  advanced  for  the  building  of  the  extension  by  the  com- 
pany which  desires  to  extend,  and  the  issues  of  bonds  by 
the  new  company  often  come  up  with  the  question  of  re- 
funding its  notes  for  such  advances.  When  that  is  done 
we  go  into  the  cost  of  the  construction,  just  the  same  as 
If  it  was  an  entirely  separate  and  distinct  operation. 

While  undoubtedly  promoters  who  have  been  used  to 
obtain  a  very  large  part  of  the  stock  Issued,  sometimes  all 
of  it,  are  disappointed  by  careful,  reasonable  State  regula- 
tion, I  do  not  think  once  it  is  applied  in  a  reasonable  and 
considerate  way,  that  there  is  any  wide  discontent.  There 
is  not  in  New  York.  There  is  discontent  on  the  part  of 
those  who  would  like  to  have  the  old  order  continued,  who 
would  be  quite  willing  to  launch  upon  the  public  a  bank- 
rupt corporation  from  the  start  as  long  as  they  can  get 
their  profits.     I  am  speaking  only  of  that  particular  class. 

There  are,  in  my  judgment,  men  engaged  in  the  pro- 
motion of  these  enterprises  who  are  of  the  highest  char- 
acter and  who  are  doing  so  with  the  view  of  getting 
legitimate  returns  from  their  efforts,  or  who  are  serving 
some  localities,  If  the  road  is  an  Industrial  road,  and  that 
road  may  extend  some  miles  in  length.  I  do  not  mean 
one  particular  interest,  but  a  road  which  would  serve  a 
lot  of  Interests.  I  feel  very  sure  that  our  experience  has 
been  the  experience  which  has  undoubtedly  been  gone 
through  with  in  the  same  way  in  Wisconsin  and  in  Massa- 
chusetts. The  regulation  of  capitalization  in  that  way  does 
not  hamper  legitimate  enterprises.  Is  there  any  further 
question? 

Mr.  Hill,  of  Georgia.  There  was  one  other  question  I 
would  like  to  ask  the  gentleman,  and  that  is  whether  you 
allow  capitalization  on  franchises? 

Mr.  Deckek,  of  New  York.  We  are  forbidden  to  do  so 
by  law. 

Mr.  Robinson,  of  South  Dakota.  I  rise  simply  to  ask 
the  gentleman  a  question.  The  State  of  South  Dakota, 
so  far  as  its  railroad  commission  is  concerned,  is  in  the 
formative  state  largely,  but  the  commission  has  lately 
gone  into  the  management  of  telephone  and  telegraph 
companies,  and  we  have  a  situation  like  this  in  that 
State: 

There  is  something  like  500  different  independent  com- 
panies in  the  State.  Many  of  them  have  gone  into  luisi- 
ness  with  the  idea  there  was  a  great  deal  of  profit  in 
the  business.  They  have  their  franchises.  They  have 
Issued  their  stocks,  and  they  are  now  under  operation,  but 
they  find  that  they  are  not  remunerative,  and  they  also 
find  that  the  plant  has  depreciated  to  such  an  extent  it  is 
Impossible  to  operate  it  successfully  unless  repaired  or 
practically  rebuilt. 

They  come  to  the  commission  with  the  plans  and  sped- 


Proceedings  of  the  Twenty-Third  Annual  Convention 


07 


flcations  for  an  entire  new  plant.  They  ask  the  com- 
mission to  set  a  price  upon  that  service  when  the  work  is 
completed,  and  they  want  to  set  the  price  to-day.  They 
want  to  put  in  operation  those  rates  to-day. 

What  do  you  do  in  eases  of  that  kind,  and  how  do  you 
proceed? 

Mr.  Decker,  of  New  York.  Are  you  speaking  of  capital- 
ization? 

Mr.  Robinson,  of  South  Dakota.  Not  partkularly  of  cap- 
italization.    Rates  and  capitalization. 

Mr.  Deckeb,  of  New  York.  I  do  not  know  that  I  get  your 
exact  point.  They  have  a  plant  and  they  want  to  put 
another  plant  in? 

Mr.  Robinson,  of  South  Dakota.  They  have  their 
plant,  but  they  find  the  prices  are  now  not  remunerative: 
that  the  receipts  have  not  warranted  them  in  keeping  up 
the  plant.  They  come  before  the  commission  now  to  ask 
that  the  commission  allow  them  to  raise  the  rates,  provided 
they  put  in  an  entire  new  plant. 

Mr.  Decker,  of  New  York.  While  this  is  not  Included 
in  this  order  of  business,  I  will  say  that  we  have  no  appli- 
cations to  raise  rates,  and  I  cannot  advise  you,  because  we 
have  no  authority  to  do  that.  The  company  is  entitled 
to  make  its  own  rates,  and  we  judge  as  to  the  reasonable- 
ness of  those  charges  after  they  are  put  in  effect.  So  I 
cannot  very  well  help  you  on  that  point.  We  have  only 
had  telephones  for  about  a  year. 

Mr.  Robinson,  of  South  Dakota.  Excuse  me  a  moment 
and  I  will  explain.  Some  years  ago,  after  these  companies 
— a  large  number — had  been  formed,  the  legislature  passed 
a  law  requiring  the  companies  to  file  with  the  commission 
their  rates  and  forbidding  the  raising  of  these  rates  until 
the  raise  was  approved,  by  the  commission.  Hence  those 
matters  all  come  before  the  commission. 

Mr.  Decker,  of  New  York.  It  seems  to  be  you  have  got 
to  take  into  account  precisely  what  the  property  investment 
cost  is  and  what  the  company  can  afford  to  do.  That 
Is  certainly  what  I  think  we  would  do  upon  complaint 
against  an  advance  in  rates.  The  burden,  of  course,  would 
be  upon  the  company  when  the  advance  in  rates  is  made. 

Mr.  Benton,  of  New  Hampshire.  One  of  the  difficult 
questions  which  arises  with  us,  and  which  the  new  public- 
service  commission  has  to  meet,  is  the  question  of  de- 
termining what  increase  in  capitalization  shall  be  allowed 
to  a  utility  which  purchases  the  plant  of  a  competing 
utility,  a  large  part  of  which  purchased  plant  is  a  duplica- 
tion of  the  plant,  which  makes  it  necessary  that  the  pur- 
chased plant  will  have  to  be  scrapped  or  put  to  some 
use  at  some  subsequent  time,  which  would  never  be  re- 
quired at  the  time  when  the  contract  of  purchase  is  made, 
except  for  the  purpose  of  disposing  of  the  competitor. 

I  have  had  the  benefit  of  a  conversation  with  the  gentle- 
man from  New  York,  Mr.  Decker,  as  to  the  way  In  which 
his  commission  treats  these  matters,  and  in  view  of  his  de- 
sire that  the  interrogation  of  himself  should  not  proceed 
further,  I  should  say  I  should  very  gratefully  value  an 
expression  from  the  gentleman  who  was  formerly  on  the 
Wisconsin  commission,  Commissioner  Meyer,  as  to  the  way 
in  which  that  commission  has  dealt  with  those  matters. 
The  exact  point,  to  restate  it,  is  this:  When  a  utility  pur- 
chases the  property,  the  rights,  and  franchises  of  a  com- 
peting utility,  a  large  percentage  of  the  property  of  the 
utility  purchased  is  not  suitable  for  continuing  the  busi- 
ness. How  does  the  commission  proceed  In  the  matter  of 
allowing  an  increase  in  the  capitalization  of  such  com- 
panies? 

Mr.  Meyer,  of  the  Interstate  Commerce  Commission. 
The  Wisconsin  statute  provides  that  the  securities  of  the 
consolidated  company  shall  not  exceed  the  aggregate  of  the 
constituent  companies;  so  that  feature  of  the  situation  is 
met  by  statute  and  not  by  requirement  of  the  commission. 
As  a  practical  matter  I  imagine  what  the  gentleman 
from  New  Hampshire  had  in  mind  is  to  what  extent 
the  Wisconsin  commission  would  be  willing  to  have  such  a 
consolidated  company  issue  additional  securities  in  order  to 
build  up  its  property,  assuming  the  property  acquired,  as 
is  oftentimes  the  case,  is  largely  old  junk.  The  Wisconsin 
commission  has  generally  taken  the  position  that  even 
though  the  aggregate  of  the  securities  outstanding  might 
exceed  the  value  of  a  plant  double  the  size,  in  first-class 
condition,  what  the  public  required  was  good  service,  and 
what  the  company  must  have  In  order  to  give  that  service 
was  money,  and  that  the  commission  must  do  whatever  It 
reasonably  could  do  to  put  the  company  in  a  position  where 


it  can  get  money.  We  believe  in  Wisconsin,  as  I  imagine 
all  of  you  gentlemen  (Jo,  that  so  far  as  possible  every  share 
of  stock  should  stand  for  $100,  assuming  the  face  value  to 
be  $100.  That  is  my  personal  belief.  Officially  it  is  not 
always  possible  to  require  that  and  not  always  in  the  in- 
terest of  the  public  to  require  that. 

One  gentleman,  when  he  was  on  the  floor  this  morning, 
called  attention  to  the  fact  that  as  there  was  a  continued 
increase  in  issuance  of  bonds,  the  fixed  charges  were  in- 
creased. Now,  it  may  be  profitable  to-day  to  issue  4  per 
cent  or  4%  per  cent  bonds  to  replace  stocks  that  have 
been  paying  6  per  cent  dividends;  but  if  to-morrow  your 
business  shrinks,  why,  of  course,  your  fixed  charges  are 
increased,  and  that  is  doubtless  a  menace  in  times  of  busi- 
ness depression.  That  is  one  thing,  it  seems  to  me,  that 
every  regulative  commission  must  iDear  in  mind — how  to 
handle  the  issuance  of  these  securities,  in  so  far  as  public 
authority  can  handle  them,  in  such  a  way  as  to  diminish 
the  danger  in  times  of  business  depression. 

Now,  these  public  service  corporations  must  he  in  a  po- 
sition to  secure  money.  In  some  States  it  is  possible — in 
Wisconsin  it  is  generally  possible — to  sell  stocks  at  par. 
It  is  generally  possible — not  always.  It  is  possible  to  se- 
cure money  for  the  promotion  of  new  enterprises  through 
the  sale  of  stocks  to  a  very  considerable  extent.  But  there 
are  cases  in  which  that  is  impossible,  and  in  such  cases 
either  the  stock  must  be  sold  at  less  than  par  or  the  bonded 
indebtedness  of  the  company  will  be  increased,  and  also  the 
fixed  charges.  Therefore  the  company  will  be  subjected  to 
more  rigid  rules  In  the  conduct  of  its  business  and  more 
liable  to  go  down  In  times  of  business  depression. 

All  of  you  gentlemen  who  are  connected  with  State  com- 
missions regulating  securities,  I  believe,  act  under  laws 
that  require  approval  on  the  part  of  public  authority  be- 
fore the  securities  are  issued,  "fhat  is  the  Wisconsin  law. 
And  while  I  was  a  member  of  the  Wisconsin  commission,  in 
common  with  my  colleagues  of  the  commission  I  often 
asked  the  question,  ."To  what  extent  after  all  is  it  desir- 
able that  express  sanction  shall  be  given  to  the  Issuance 
of  securities  In  advance?  If  that  approval  is  given  In  ad- 
vance of  such  Issuance,  does  not  the  State  thereby  place  a 
certain  stamp  of  legitimacy  and  value  upon  stocks  and 
bonds?" 

Now,  you  and  I  know  that  a  share  of  stock,  even 
though  It  reads  100  cents  on  a  dollar  for  $100  per  share.  Is 
not  $100.  We  all  know  that,  but  the  general  public,  that 
Is  not  cognizant  with  the  details  of  these  transactions,  has 
an  Impression  that  a  share  of  stock  is  a  claim  for  a  fixed 
return;  and  the  impression  prevails,  furthermore,  that 
every  share  outstanding  must  be  considered  in  the  estab- 
lishment of  rates  in  such  a  way  that  the  returns  which 
have  up  to  the  present  time  been  paid  upon  such  outstand- 
ing shares  may  continue;  and  there  at  once  we  have  the 
question  of  the  relation  of  securities  to  rates. 

All  of  us  k'now  that  the  gentlemen  representing  public 
utilities  are  constantly  urging  a  consideration  of  their  se- 
curities in  the  establishment  of  rates.  Now,  that  is  a  fact 
with  which  we  are  confronted.  Is  it  possible  for  regulating 
authorities  to  so  mold  public  sentiment  as  to  get  out  of 
the  public  mind  the  current  impression  that  there  is  a 
definite,  a  necessary  connection  between  securities  and 
rates;  that  the  telephone  rates,  for  instance,  are  governed  by 
the  amount  of  stocks  and  bonds  outstanding;  that  the  rates 
which  the  public  authority  must  establish  are  to  be 
based  on  the  aggregate  of  the  original  constituent  com- 
panies plus  the  new  securities  authorized? 

If  in  your  State  you  value  your  properties,  it  you  have 
a  tax  commission  or  some  other  authority  that  places  a 
value  upon  that  property,  and  you  as  railroad  commission- 
ers establish  the  rates,  to  what  extent  are  you  interested  in 
the  issuance  of  securities  except  as  a  question  of  public 
morals?  You  do  not  want  fraud.  You  want  to  protect  the 
investor  as  far  as  you  can.  You  want  to  give  him  infor- 
mation in  order  that  he  may  know  what  he  is  buying,  but 
when  you  have  given  the  Investor  the  information  that  It 
Is  possible  for  you  to  give,  can  you  do  much  more  for  him? 
If  you  establish  rates  it  is  within  your  power  to  see  that  the 
rates  are  reasonable. 

The  questions  that  have  been  asked  here,  and  others 
that  might  be  asked  following  them,  are,  as  we  all  recog- 
nize, of  the  greatest  importance.  No  one  man  or  body  of 
men  Is  wise  enough  to  answer  them.  If  we  could  answer 
them,  the  country  would  run  smoothly  In  that  respect 
within  a  few  days.    When  we  started  out  In  Wisconsin  we 


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National  Association  of  Railway  CommissiAvers 


thought  that  previous  approval  was  doubtless  a  very  good 
thing,  and  it  is  a  good  thing  in  many  respects,  but  I  want 
to  repeat  that  our  doubt  increased  with  our  experience,  and 
the  greater  our  experience  became  the  greater  was  our 
doubt.  It  you  say  bonds  shall  not  be  sold  for  less  than  75  or 
80,  there  is  a  great  margin,  a  margin  large  enough  to  allow 
all  the  latitude  there  ought  to  be.  I  do  not  know  whether 
I  have  answered  your  question. 

Mr.  Benton,  of  New  Hampshire.  I  think  the  gentleman 
from  the  Interstate  Commerce  Commission  has  aided  me 
a  great  deal.  Undoubtedly  in  the  mind  of  the  legislature 
when  these  acts  were  passed  there  was  more  or  less  ever 
present  the  idea  that  capitalization  was  connected  with 
rates  and  that  the  commission  should  supervise  capitaliza- 
tion in  the  future  for  the  purpose  of  keeping  capitalization 
down  where  a  fair  return  upon  the  capitalization  would 
not  necessitate  an  excessive  rate. 

If  that  is  the  purpose  of  capitalization,  then  it  would 
seem  to  me  that  the  question  very  often  arises  whether  a 
utility  which  was  purchasing  the  plant  of  a  competing 
utility  should  be  permitted  to  increase  its  capital  stock  to 
the  full  extent  of  the  whole  capital  stock  of  the  competing 
company  when  it  might  not  be  getting  more  than  25  per 
cent  in  value  of  the  amount  of  the  capital  stock  of  that 
company. 

Mr.  Meyer,  of  the  Interstate  Commerce  Commission. 
May  I  suggest  to  the  gentleman  from  New  Hampshire  that 
I  spoke  not  as  an  Interstate  Commerce  Commissioner,  but 
as  a  commissioner  of  Wisconsin? 

Regarding  this  matter  of  rates  and  capitalization,  which 
was  mentioned  by  the  gentleman  from  New  Hampshire,  I 
do  not  mean  to  leave  the  impression  and  I  do  not  under- 
stand him  to  get  the  impression  that  in  the  public  mind 
only  there  was  that  impression.  That  impression  goes 
outside  of  the  general  public.  Gentlemen  who  handle  cases 
before  the  commissions  are  constantly  urging  a  considera- 
tion of  stocks  and  bonds. 

All  I  desired  to  call  attention  to  was  that  in  the 
mind  of  the  public  there  was  doubtless  the  feeling  that  the 
shares  of  stock  represented  a  definite  claim  against  the 
property  which  public  regulating  authorities  must  recog- 
nize. We  all  know  that  shares  of  stock  do  not  represent 
that  claim. 

If  through  our  action  we  greatly  increase  the  proportion 
of  bonds  to  stocks,  we  increase  the  definite  claim,  because 
bonds  do  represent  such  a  claim.  While  if  we  increase  the 
proportion  of  stocks  to  bonds,  creating  a  larger  volume  of 
stocks  as  compared  with  bonds,  the  claim,  whatever  it  may 
be,  is  not  imperative.  And  when  we,  as  regulating  author- 
ities, decide  not  to  advance  a  rate,  and  if  as  a  result  of 
such  action  it  is  necessary  to  cut  down  the  surplus  and 
funds  available  for  distribution  to  shareholders,  this  can  be 
done  without  violence  in  business,  whereas  you  cannot  cut 
down  the  interest  rate  on  bonds  without  foreclosing. 

Mr.  Radcliffe,  of  Ohio.  I  should  like  to  ask  whether  I 
understood  the  gentleman  correctly  when  he  said  it  was 
Impossible  to  sell  stocks  at  par  or  near  par? 

Mr.  Meter,  of  the  Interstate  Commerce  Commission. 
I  meant  a  share  of  stock.  I  had  in  mind  specifically  the 
State  of  Wisconsin,  which,  as  you  all  know,  is  not  a  rich 
State,  although  a  prosperous  State;  and  yet  the  greater 
number  of  small  auxiliary  railroads  that  have  been  con- 
structed in  that  State  within  the  years  of  the  activity  of 
myself  as  commissioner  have  been  built  largely  through  the 
sale  of  stocks  to  local  people  and  at  par,  100  cents  on  the 
dollar,-  and  the  money  actually  went  into  the  property. 

That  is  one  of  the  functions  of  a  State  coprmission,  to 
see  that  the  money  actually  goes  into  the  property.  That 
Is  sometimes  difficult  to  ascertain.  In  some  States,  I  am 
advised,  it  is  not  possible  to  build  the  small  local  lines 
necessary  for  the  ''evelopmrfnc  of  inose  States  and  sell 
that  stock  at  par. 

I  do  not  mean  to  say  that  in  our  State  promoters  of 
such  lines  have  not  undertaken  to  sell  bonds.  They  have. 
But  generally  they  go  to  some  bonding  house  after  they 
have  secured  practically  enough  money  to  build  the  road 
and  say,  "Now,  we  want  so  much  more  to  buy  locomotives 
and  cars,"  and  some  bonding  house  would  probably  give 
them  some  more  money  at  4  or  5  per  cent  or  whatever  the 
rate  might  be  on  the  bonds. 

Mr.  Radcliffe,  of  Ohio.  The  reason  I  asked  the  question 
is  because  the  promoters  of  new  enterprises  tell  our  com- 
mission, when  they  come  there  for  an  issue  of  securities, 
that  it  is  impossible  to  sell  stocks  at  any  price;  that  the 


only  thing  they  can  find  a  market  for  is  their  bonds.    Thai 
is  one  of  the  practical  propositions  before  our  commission. 

I  would  like  to  ask  Mr.  Decker  whether,  in  the  experi- 
ence of  the  New  York  commission,  they  are  often  called 
upon  to  authorize  the  issue  of  securities  in  order  to  secure 
a  surety  company?     Our  law  is  much  like  yours. 

Mr.  Decker,  of  New  York.    Property,  too? 

Mr.  Radcliffe,  of  Ohio.  Yes.  I  would  say  money, 
property,  and  services.  For  instance,  do  you  believe  your 
commission  has  authority  to  promote  the  issue  of  bonds 
to  be  pledged  as  security  tor  a  loan,  say?  Suppose,  for, 
instance,  a  railroad  has  been  sued  and  an  attachment  hai 
been  issued  upon  some  of  its  moneys  and  properties.  Now, 
they  want  to  secure  a  bond  and  indemnity  company  to  re- 
lease that  attachment.  In  order  to  secure  the  surety  com- 
pany, they  place  in  the  possession  of  the  surety  company  a 
certain  amount  of  their  bonds.  Then  the  attachment  is  re- 
leased, and  the  money  is  available  that  has  been  held  by  at- 
tachment. Do  you  believe,  under  your  law,  that  your  com- 
mission has  authority  to  grant  such  an  application? 

Mr.  Decker,  of  New  York.     I  have  some  doubt  about  1 
confined  to  the  situation  as  you  state  it.  There  is  some  doubl 
about  it  in  my  mind. 

Mr.  Radcliffe.  of  Ohio.  Do  you  believe  your  commii 
sion  would  have  authority  under  your  laws  to  permit  oni 
corporation  to  sell  its  own  securities,  the  proceeds  to  bi 
expended  upon  the  property  of  another  corporation  whic! 
was  controlled  by  the  first  corporation? 

Mr.  Decker,  of  New  York.    Yes. 

Mr.  Radcliffe,  of  Ohio.  So  that  you  have  that  authorit; 
under  the  law? 

Mr.  Decker,  of  New  York.    Yes. 

Mr.  Radcliffe,  of  Ohio.  To  illustrate  the  case:  It 
often  happens  that  a  railroad  corporation  owns  a  bridge. 
The  bridge  company  is  a  separate  corporation.  The  bridge 
must  be  maintained.  Would  your  commission  think  it  had 
authority  to  authorize  the  railroad  company  to  issue  bonds, 
the  proceeds  to  be  expended  upon  the  property  of  the  bridge 
company? 

Mr.  Decker,  of  New  York.  Well,  it  is  part  of  its  oper- 
ating system. 

Mr.  Radcliffe,  of  Ohio.     But  a  separate  corporation? 

Mr.  Decker,  of  New  York.  Yes;  a  separate  corporation. 
It  takes  the  securities  of  the  bridge  company,  if  you  please, 
for  its  advances,  and  in  order  to  pay  off  that  money  floats 
its  indebtedness  and  Issues  its  own  bonds  as  security.  That 
is  done. 

Mr.  Hill,  of  Georgia.  The  purpose  of  conferring  juris- 
diction upon  State  commissions,  I  take  it,  with  reference 
to  the  approval  of  stock  and  bond  issues  is  not  confined 
to  the  question  merely  of  rate  making.  There  are  several 
reasons  and  many  reasons  perhaps  why  this  jurisdiction  is 
being  conferred.  Undoubtedly  I  think  that  has  had  a 
large  bearing  on  the  question  of  rates  and  rate  making — • 
the  question  of  capitalization,  the  amount  of  the  issue  of 
stock  and  bonds.  But  as  the  Supreme  Court  of  the  United 
States,  in  the  case  of  Smyth  v.  ATnes,  known  as  the  Ne- 
braska case,  held,  that  is  but  one  element  to  be  considered 
in  making  a  rate. 

That  may  be  considered  along  with  other  questions  that 
are  enumerated  and  laid  down  in  that  case.  But,  as  I  say, 
I  think  the  purpose  Is  twofold  or  threefold  or  even  more 
than  that.  It  is  primarily,  I  take  it,  to  prevent  overcap- 
italization. It  is  to  let  the  investor  know  that  when  he 
goes  out  into  the  market  and  wants  to  buy  securities,  he 
is  going  to  get  quid  pro  quo,  the  full  value  of  his  money. 
And  on  the  other  hand  it  is  a  benefit  to  the  corporation 
issuing  these  securities,  because  when  they  issue  them  upon 
the  approval  of  the  State  commissions  or  the  Federal  com- 
mission, if  that  power  is  ever  given,  they  will  understand 
that  when  they  put  these  securities  upon  the  market  those 
securities  will  have  a  definite  value. 

The  trouble  at  present  is  that  a  great  many  of  the  cor- 
porations are  overcapitalized,  and  hence  their  securities 
not  only  do  not  sell  at  par  and  above  par,  but  a  great  many 
of  them  below  par.  The  question  often  arises,  in  consider- 
ing the  question  of  approval  of  stock  and  bond  issues,  as  to 
whether  they  will  be  allowed  the  full  value,  the  face  value, 
of  the  stock  and  bonds  or  not.  Some  of  the  commissions 
Insert  a  clause  in  their  orders  that  they  shall  not  be  sold 
at  less  than  a  certain  amount,  say  80  or  85  per  cent,  be- 
cause it  is  generally  known,  I  think,  that  where  a  new 
enterprise  of  this  sort  Is  being  developed,  it  is  done  by  the 
Issuance  of  the  stock  and  bonds,  and  the  contractor  takes 


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!)9 


the  bonds  and  puts  them  upon  the  market  and  sells  them 
at  a  given  price.  In  addition  to  that  he  wants  his  promot- 
er's risk,  he  wants  his  contractor's  risk,  and  I  think  is 
entitled  to  a  reasonable  amount,  whatever  that  may  be. 
Some  of  the  States  have  fixed  that  amount — what  mar- 
gin they  shall  be  allowed  over  and  above  their  face  value. 
Some  of  the  other  States  have  not  fixed  any  amount,  but 
the  discretion  is  vested  in  the  commissions  themselves, 
and  they  exercise  that  discretion  according  to  the  circum- 
stances of  each  case.  A  great  many  complications  have 
arisen  in  the  discussion  of  these  questions.  Fxjf  instance, 
before  commissions  had  the  jurisdiction,  there  were  a 
great  many  corporations  overcapitalized,  and  perhaps  are 
overcapitalized  to-day.  An  application  is  made  to  a  State 
commission  for  the  issuance  of  stocks  and  bonds  for  a 
given  purpose.  They  are  already  overcapitalized.  The 
law  of  the  State  says  that  when  they  want  an  approval  of 
stocks  and  bonds  they  shall  come  to  the  commission  and 
present  a  list  of  the  stocks  and  bonds  that  they  propose  to 
Issue,  and  that  the  commission  shall  authorize  them  only 
when  necessary  for  certain  purposes. 

The  question  arises,  if  they  are  already  over- 
capitalized, whether  the  commission  in  a  case  of  that 
6ort  can  still  approve  an  issue  if  it  is  necessary  for 
the  purposes  stated  in  the  act.  I  take  it  that  not- 
withstanding the  fact  that  they  are  overcapitalized  and  it 
is  necessary  for  the  purpose  of  improvement,  for  the 
purpose  of  extension,  or  something  of  that  sort,  that 
they  may  approve.  But  the  great  beneficial  effect  this 
authority  and  authorization  will  be  is  in  the  future  rather 
than  in  its  effect  upon  corporations  which  have  ex- 
tensively issued  stocks  and  bonds  in  the  past. 

Mr.  Meyer,  of  the  Interstate  Commerce  Commission. 
I  would  like  to  add,  by  way  of  emphasis,  one  word  in 
regard  to  what  Mr.  Hill  has  said,  that  whatever  benefits 
may  come  from  our  statutes  covering  the  issuance  of 
securities  must  necessarily  lie  very  largely  in  the  future. 
There  is  perhaps  no  one,  who  has  thought  about  this 
matter  at  all  who  would  be  willing  to  attempt  to  untangle 
the  issuance  of  past  securities.  But  as  State  commis- 
sioners, as  interstate  commerce  commissioners,  we  can 
see  to  it  that  every  piece  of  paper  issued  by  a  public 
service  corporation  shall  tell  the  exact  truth;  that  if 
that  piece  of  paper  says  80  cents  it  will  tell  the  exact 
truth;  if  it  says  60  cents  it  will  tell  the  exact  truth, 
and  that  60  or  80  cents  or  a  dollar  have  actually  gone 
into  the  property,  we  shall  have  performed  a  very  im- 
IMjrtant  public   service. 

Now,  no  one  can  say  that  if  to-day  we,  as  regulat- 
ing authorites,  authorize  the  issuance  of  $100,000  of 
stocks  and  bonds  on  the  part  of  a  public-service  cor- 
poration, that  the  corporation  is  worth  that  much.  All 
we  can  say  is  that  $100,xiOO  has  gone  into  that  property. 
That  is  our  duty.  But  we  cannot  say  to  anyone  that 
it  may  be  worth  $200,000  or  $150,000  or  $90,000  to- 
morrow; it  may  be  worth  $100,000  to-morrow.  We  all 
hope  it  will  be  worth  $100,000,  but  no  one  knows.  No 
one  can  guarantee  the  investor  a  continuation  of  the 
values  he  believes  he  acquires.  The  public  authority 
can  see  to  it  that  what  he  buys  will  represent  sub- 
stantially what  has  gone  into  the  property.  We  all 
know  that  In  the  past  that  has  not  been  true.  And 
when  we  have  done  that  we  have  done  perhaps  all  we 
reasonably  can  do. 

We  cannot  say  to  investors  that  this  or  that  security 
is  good  for  him.  Someone  has  said  that  the  pure  food 
law  can  insure  to  us  pure  food,  but  it  cannot  insure 
to  us  digestibility.  It  cannot  guarantee  to  us  that  the 
food  we  buy  under  the  pure  food  act  will  do  our  systems 
good.  That  is  a  matter  for  the  individual  purchaser; 
and   so   with   reference   to   securities. 

May  I  answer  the  question  asked  by  the  gentleman 
from  South  Dakota  with  respect  to  telephone  com- 
panies? He  asked  for  the  experience  of  States.  In 
Wisconsin  scores  of  applications  of  that  kind  have  comf 
before  the  commission.  As  a  matter  of  course,  if  the 
telephone  company,  which  oftentimes  is  an  enterprise 
that  rests  in  some  one  family,  and  is  actually  on  the 
basis  of  a  corner  grocery,  if  that  kind  of  an  enterprise 
comes  to  the  end  of  its  rope  and  the  equipment  has 
played  out,  the  Wisconsin  commission  would  grant 
authority  to  issue  additional  securities  to  advance 
rates,    generally    an   unpopular   thing   to   do.     But    if   the 


facts  are  clearly  set  forth  so  that  everyone  wishing 
to  know  why  the  rates  were  advanced  may  know  the 
people  will  not  only  acquiesce  in  it  but  actually  sup- 
port  it. 

Telephone  companies  charging  $5  or  $7  or  $8  a  year 
for  that  class  of  telephone  business  cannot  be  con- 
ducted on  that  basis.  And  there  are  scores  of  com- 
panies in  our  State  doing  that  now.  Many  of  those  that 
are  established  to-day  have  come  before  the  commission 
to  get  relief. 

Mr.  Clarke,  of  Nebraska.  Where  a  company  has  been 
organized  and  capital  has  been  actually  paid  in,  and 
the  rate  has  been  a  reasonable  rate,  but  through  mis- 
management or  absorption  of  earnings  in  paying  dividends 
and  failure  to  lay,  aside  a  depreciation  fund  to  take 
care  of  the  time  when  the  property  is  run  down,  they 
come  in  and  ask  to  issue  stock,  and  the  condition  of  the 
company  is  such  that  the  stock  would  not  be  worth, 
say,  50  cents  on  a  dollar,  and  they  have  put  it  at  75 
to  80,  in  authorizing  the  issuance  of  that  stock,  what 
is  the  solution  of  the  situation  of  that  company? 

Mr,  Meyer,  of  the  Interstate  Commerce  Commission. 
I  would  suggest  telling  such  gentlemen  that  since  they 
ate  their  pie  yesterday  they  could  not  have  it  to-day. 
In  other  words,  since  they  took  out  an  excessive  amount 
in  the  past  they  must  do  the  best  they  can  to-day.  It 
may  mean   bankruptcy  or  reorganization, 

Mr.  Cl.\rke,  of  Nebraska.  Is  there  not  a  better  solution 
than  that  by  authorizing  the  company  to  shrink  the 
shares  of  stock  pro  rata  so  that  the  issue  represents 
more  nearly  the  tangible  value  of  the  property? 

Mr.  Meyer,  of  the  Interstate  Commerce  Commission. 
That  practically  means  reorganization.  You  mean 
whether  you  should  authorize  a  sale  of  the  stock  very 
much   below  par? 

Mr.  Clarke,  of  Nebraska.    Tes. 

Mr.  Meyer,  of  the  Interstate  Commerce  Commission. 
Quite  so.  And  I  believe  the  Wisconsin  and  New  York 
commissions  have  done  what  the  statute  permits,  Biit 
the  Wisconsin  statute  does  hot  permit  the  sale  of  stock 
below  par;  discount  comes  In  under  bonds.  They  must 
issue  bonds  or  reorganize. 

Mr,  Lane,  of  the  Interstate  Commerce  Commission. 
Do  you  mean  that  if  a  share  of  stock  is  issued  at  $100 
that  means  that  $100  must  be  paid  into  the  treasury  of 
the  company?     I  came  in  in  the  midst  of  your  talk, 

Mr.  Meyer,  of  the  Interstate  Commerce  Commission. 
If  a  share  of  stock  reads  $100,  I  mean  a  share  of  stock 
authorized  by  a  public  service  corporation,  that  shall 
mean  $100  has  actually  gone  into  the  property,  in  money, 
in  property,  or  in  service. 

Mr.  Lane,  of  the  Interstate  Commerce  Commission. 
Mr.  Chairman,  it  seems  to  me  that  here  is  a  pretty  large 
proposition,  and  I  doubt  very  much  if  the  great  enter- 
prises of  the  West  could  be  financed  upon  that  basis. 
I  doubt  very  much  if  the  railroads  in  those  sections 
of  the  country  where  railroads  are  most  needed  could 
be  financed  if  it  was  necessary  that  whenever  stock 
was  issued  or  bonds  issued  the  amount  of  the  face 
should  be  paid  Into  the  treasury.  I  would  like  further 
to  suggest  the  doubt  as  to  th«  necessity  for  govern- 
mental intervention  in  that  matter.  Is  it  a  duty  of  the 
government  to  make  any  such  guaranty  as  to  value  or 
as  to  the  fact  that  this  $100  which  is  upon  this  piece 
of  paper  does  actually  represent  the  hundred  dollars 
that   was    paid   into   the    treasury? 

Is  not  the  duty  to  society  sufficiently  met  when  we 
know  actually  the  amount  of  money  which  that  piece 
of  paper  did  bring  and  the  actual  use  to  which  that 
money  was  put?  It  has  seemed  to  me  that  those  laws 
v'hich  pave  to  commissions  the  power  to  determine  in 
advance  the  figure  at  which  bonds  or  stocks  shall  sell 
were  based  upon  a  wrong  theory;  they  were  based  upon 
the  theory  that  the  government  had  a  direct  Interest 
iu  that  matter.  As  a"  matter  of  fact,  it  is  the  stock- 
holder or  the  speculator  who  is  interested  In  that  ques- 
tion. The  government  is  interested  in  knowing  just 
what  amount  of  money  goes  Into  a  public  utility. 

In  other  words,  I  question  if  it  is  the  duty  of  the 
government  to  do  anything  more  than  this,  to  say  to 
a  corporation,  "You  may  issue  stocks  and  bonds  to 
any  degree  that  you  please,  provided  everything  that 
you  do  as  to  their  Issuance  becomes  a  matter  of  public 


100 


JTational  Association  of  Eailway  Commissionebs 


record.  Every  stockholder  and  everyone  who  wishes 
to  become  a  stockholder  should  have  access  to  those 
records,  and  everyone  can  know  precisely  how  much 
money  was  obtained  or  just  how  much  property  was 
obtained  as  the  proceeds  of  the  issuance  and  sale  of 
those  securities."  What  business  is  it  of  the  people 
of  the  United  States,  as  a  collective  body,  whether  there 
is  one  hundred  millions  face  value  of  stock  issued  for 
a  railroad  which  costs  but  150,000,000?  We  should  know 
that  the  road  cost  but  $50,000,000;  and  it  is  a  very  easy 
thing  to  devise  the  machinery  by  which  that  can  be 
ascertained.  We  should  know  precisely  the  amount  of 
stock  that  is  issued  and  precisely  the  amount  of  prop- 
erty that  was  obtained.  But  the  stock  issue  itself  is 
a  matter  with  which  the  stockholder  himself  is  chiefly 
and   primarily   concerned. 

I  believe  eventually  we  will  get  to  the  point  where 
the  Supreme  Court  will  say  to  us  that  the  returns  to 
be  made  to  a  railroad  must  be  made  upon  the  invest- 
ments made  by  the  stockholders.  They  have,  in  the 
Smyth  case  and  in  a  large  number  of  other  cases,  pre- 
sented a  great  number  of  things  which  must  be  taken 
into  consideration,  among  them  the  issuance  of  stocks 
and  bonds;   but  how  material  are  these  matters? 

We  know  from  our  experience,  that  the  issuance  of 
stocks  and  bonds  means  practically  nothing — that  there  is 
no  real  fixed  relation  between  stocks  and  bonds  and  values. 
We  may  guess  sometimes  that  the  property  is  worth 
what  the  stocks  and  bonds  represent,  but  we  can  come 
no  nearer  than  a  guess  unless  we  make  an  appraisement, 
and  we  have  not  yet  determined  as  to  the  proper  basis 
upon  which  that  appraisement  shall  be  made.  But  it 
is  our  duty  to  knov/,  and  I  think  the  Supreme  Court 
eventually  will  hold  that  we  should  know,  just  what 
tliese  issues  of  securities  yielded  and  whether  that  money 
and  every  cent  of  it  went  into  the  property  which  serves 
the  public.  My  idea,  therefore,  of  a  really  practical 
law  on  this  subject  would  be  one,  in  the  first  place, 
which  would  effectually  give  publicity  to  every  issuance 
of  securities.  And  that  could  be  done  easily  by  a 
system  of  registration — by  a  System  of  application,  if  you 
please — on  the  part  of  the  carrier,  by  which  notification 
Is  given  to  the  commission  that  it  is  intended  to  issue 
a  certain   volume   of  stocks   and   bonds. 

Why  should  we  fix  the  price  of  sale?  If  you  have 
had  any  experience  in  these  matters,  you  cannot  tell 
what  the  value  of  a  bond  is  or  what  the  value  of  stock 
is  until  you  go  to  the  three  or  four  men  in  the  United 
States  who  can  and  do  handle  those  stocks  and  bonds. 
I  went  once  to  New  York  with  a  large  bonding  propo- 
sition and  was  told  that  there  were  five  men  in  New 
York  to  see,  and  if  those  five  men  would  not  take  those 
bonds  at  the  price  we  thought  they  should  yield,  there 
was   no  use  in   seeing   anyone   else. 

I  do  not  know  what  your  experience  has  been  upon 
the  State  commissions,  but  I  doubt  very  much  if  any 
commissioner  can  say  that  a  certain  bond  should  bring 
85.  All  he  can  say  is  that  a  certain  group  of  men 
are  willing  to  give  85,  and  therefore  that  is  its  market 
value,  and  upon  the  statement  or  affidavit  or  testimony 
of  these  men  you  say  these  bonds  may  be  Issued  at  85. 
But  there  has  been  no  judgment  exercised  on  your  part, 
and  your  control  has  been  merely  nominal.  That  is  a 
part  of  the  business  or  the  work  of  commissions  that 
it  strikes  me  in  a  sense  is  fictitious — is  based  upon 
a  wrong  theory.  We  sit  upon  a  bench  and  the  question 
before  us  is  whether  we  shall  permit  the  issuance  of 
certain  stocks  at  a  certain  figure.  One  man  comes 
before  us  and  says  that  these  stocks  should  yield  100 
cents  upon  the  dollar.  Very  good.  "Will  you  give 
100  cents?"  "No;  I  am  not  authorized  to  do  that." 
Another  man  says  they  ought  to  yield  80.  "I  will  give 
80."  "Very  well.  We  will  authorize  the  issuance  of 
those  stocks  at  80." 

As  a  matter  of  fact,  what  is  done,  gentlemen?  Long 
before  the  question  Is  ever  brought  before  your  com- 
mission the  question  Is  taken  to  New  York  or  to  Chi- 
cago, or  to  some  other  money  center,  and  there  It  Is 
determined  what  volume  of  stocks  and  bonds  will  be 
Issued  and  just  what  price  will  be  paid.  And  the  work 
we  do  or  you  do  as  commissions  Is  a  work  of  superero- 
gation. You  simply  indorse  what  has  already  been 
determined  probably  months  In  advance.  So  that  In 
agitation  upon  this  question  of  the  control  of  capitaliza- 


tion I  would  suggest  the  wisdom  of  going  slow  and 
finding  first  if  it  is  not  possible  to  achieve  every  result 
desired  by  publicity  and  the  exact  and  official  ascer- 
tainment of  the  fact  that  the  money  that  is  raised  goe^ 
into  the'  property. 

Mr.  Watson,  of  Oklahoma.  I  want  to  indorse  what 
Judge  Lane  has  said  upon  this  subject.  The  Oklahoma 
commission  has  no  jurisdiction  over  the  issuing  or 
approving  of  stocks  and  bonds,  but  we  have  the  regu- 
lation of  the  rates,  and  in  fixing  their  rates  we  take 
an  inventory  of  their  property  and  ascertain  what  is 
the  true  value  of  that  property  and  fix  the  rates  upon 
the  valuations  of  the  property,  allowing  them  for  it  a 
depreciation  and  interest  upon  their  money.  Now,  we 
have  towns  in  our  State  that  five  years  ago,  or  perhaps 
less,  had  three  or  four  thousand  inhabitants,  which 
to-day  have  twenty  or  twenty-five  thousand  inhabitants, 
and  the  telephone  system  that  was  in  vogue  five  years 
ago  is  inadequate  to  meet  the  growing  demands  of 
that  town.  Hence  they  sell  out  to  a  larger  company, 
and  that  company  goes  ahead  and  enlarges  the  plant  to 
meet  the  demands  of  the  city.  In  enlarging  its  system 
they  possibly  could  not  use  any  part  of  the  old  plant, 
and  hence  had  to  go  to  work  and  build  a  new  plant 
out  and  out,  buildings  and  all.  Now,  when  we  go  to 
make  rates  for  that  city,  we  could  not  take  into  con- 
sideration the  material  that  was  in  the  old  plant  or 
, system,  because  it  was  not  suitable  for  the  new  plant, 
and  hence  the  material  that  was  in  the  old  plant  went 
to  the  junk  shop  and  a  valuation  placed  upon  it  as  junk. 

All  new  material  that  was  in  the  new  plant,  with 
the  building,  was  what  we  considered  of  value.  So 
that  we  had  them  make  a  report  to  us  each  month 
as  to  the  expenditures  in  their  different  plants  and 
different  towns  and  of  what  that  expenditure  consisted, 
whether  it  W9,s  in  buildings  and  building  to  install  their 
system  or  whether  it  was  building  poles  or  wires,  or  of 
whatever  it  might  consist.  When  the  plant  was  com- 
pleted, if  we  thought  from  their  report  that  they  had 
not  put  the  money  in  that  plant  that  they  claimed,  we 
put  our  engineer  and  telephone  expert  to  work  to  take 
an  appraisement  of  that  property  and  see  what  amount 
they  had  put  In  it.  Upon  that  appraisement  we  based 
our  rates.  Sometimes  we,  no  doubt,  thought  they  had 
the  stock  of  their  companies  watered  to  the  extent 
that  if  the  phone  was  in  the  water  you  could  not  hear 
it  ring;  but  we  did  not  pay  any  attention  to  the  amount 
to  which  they  watered  the  stock.  We  simply  go  In 
and  take  an  appraisement  of  the  valuation,  or  take  an 
appraisement  of  the  property  as  it  is  worth  to-day, 
and  fix  our  rates  upon  that,  allowing  them  depreciation 
and  interest  upon  the  money  invested;  and  when  we 
do  that  they  know  perfectly  well  whether  or  not  we 
have  given  them  a  just  allowance  upon  the  money  they 
have  invested,  and  can  tell  whether  or  not  to  accept 
the   rates  that  we  make  for   them.  , 

But  from  their  monthly  reports  and  annual  report 
to  us  made  by  themselves  and  sworn  to,  there  is  not 
a  single  plant  in  the  State,  according  to  their  own 
reports,  but  that  is  making  them  a  handsome  dividend 
upon  the  money  invested  in  that  plant,  although  at 
the  same  time,  comparing  our  rates  with  the  rates  in 
some  other  States,  I  find  that  our  rates  are  a  little' 
over  half  what  they  are  in  some  other  States  where 
the  commission  has  no  jurisdiction  over  the  regulation 
of  the  rate. 

Now,  as  to  urban  and  steam  railroads,  I  believe  I 
have  stated  upon  this  floor  once  before  that  we  have 
not  got  a  steam  railroad  in  the  State  of  Oklahoma 
that  cost  $20,000  per  mile  to  build,  not  a  single  one,  on 
an  average.  But  the  most  of  those  roads  are  bonded 
to-day  for  $60,000  per  mile.  We  have  one  road  that 
runs  140  miles  across  the  eastern  border  of  our  State 
bonded  at  $208,000  per  mile. 

When  the  railroad  companies  asked  for  an  injunction 
against  us  upon  the  rates  that  we  had  made.  Judge 
Hook,  in  granting  that  temporary  Injunction,  said  that 
In  making  rates  we  should  take  into  consideration  the 
stocks  and  bonds  of  the  railroad.  Gentlemen,  that  road 
is  bonded  at  $208,000  per  mile,  and  If  we  were  to  follow 
that  advice  of  Judge  Hook,  we  would  probably  have 
to  make  railroad  fares  anywhere  from  12  to  15  cents 
a   mile,  and  freight   rates  in  proportion. 

But  I  do  not  believe  any  court  of  Justice  would  want 


i 


Proceedings  of  the  Twexcy-Thied  Annual  Convention 


101 


to  force  the  commission  to  make  a  rate  upon  a  railroad 
or  telephone  or  street  car  proposition  upon  the  basis 
of  the  bonded  indebtedness  of  those  concerns;  but  the 
rate  should  be  fixed  on  what  those  properties  are  actually 
worth,  and  the  appraisement  of  those  properties  should  be 
made,  and  that  appraisement  should  provide  that  what  those 
properties  are  actually  worth  today,  taking  into  considera- 
tion the  depreciation  of  the  properties  since  they  have  been 
built,  and  the  rolling  stock  as  well,  should  be  all  taken 
into  account  in  fixing  the  rate.  ( 

I  think  if  we  were  to  follow  that  courW  it  would 
not  matter  a  particle  iwith  us  whether  a  road  or  a  tele- 
phone company  was  bonded  for  tour  times  what  it  Is 
actually  worth  or  what  it  actually  cost  to  build  it,  or 
not,  if  we  put  our  rates  upon  the  actual  valuation  of  that 
property. 

Mr.  GoTHiJN,  of  Ohio.  I  find  by  reference  to  the  record 
of  yesterday's  proceedings  that  the  chairman  of  this 
committee,  after  he  read  the  report,  moved  that  it  be 
received  and   printed.     I   ask  for  the   question. 

The  motion  was  carried. 

REPORT    OF    COMMITTEE    ON   COMPLIMENTARY   RESOLUTIONS. 

Mr.  Elmqtjist,  of  Minnesota.  Your  committee  on  com- 
plimentary resolutions  begs  leave  to  report  that  t)he 
thanks  of  this  association  are  hereby  tendered  to  the 
Interstate  Commerce  Commission  for  courtesies  extended 
In  furnishing  a  convenient  place  for  holding  the  sessions, 
reporting  and  printing  the  proceedings,  and  for  its 
many  other  courtesies; 

.  To  the  Hon.  R.  Hudson  Burr,  our  worthy  president, 
for  the  skill  and  energy  he  has  displayed  in  making  this 
convention  a  distinct  success,  and  for  his  fair  and  im- 
partial conduct  during  all  of  its  deliberations; 

To  our  secretary,  William  H.  Connolly,  and  his  assist- 
ant, William  Kilpatrick,  for  the  faithful  and  efficient  per- 
formance of  the  many  duties  cast  upon  them; 

To  the  members  of  the  executive  committee,  for  the 
labor  and  good  judgment  exercised  in  planning  the  work 
of  the  convention; 

To  the  members  of  the  several  standing  committees, 
for  the  able  reports  that  have  been  presented;  and  to  all 
the  other  members  who,  by  their  presence  and  discussion, 
have  aided  in  the  profitable  work  of  this  convention. 

The  report  is  respectfully  submitted  by  the  committee 
and  I  move  its  adoption. 

The   motion  was   carried. 

INSTALLATION  OF  OFFICERS. 

The  President.  We  have  concluded  our  program.  I 
will  appoint  Mr.  Meyer,  of  the  Interstate  Commerce  Com- 
mission, and  Mr.  Patton,  of  Oklahoma,  to  escort  Presi- 
dent-Elect  Staples  to  the  chair. 

The  committee  escorted  Mr.  Staples  to  the  chair. 

The  President.  Mr.  Staples,  in  turnig  over  the  gavel 
of  this  association  to  you,  I  wish  for  you  a  successful 
administration  during  the  ensuing  year.  I  ask  that  the 
members  of  the  association  give  to  you  their  hearty  sup- 
port and  co-oi>eration.  I  know  this  is  necessary  in  order 
to  make  your  administration  as  successful  as  you  would 
wish  it  to  be.  I  am  sure  that  with  the  long  experience 
which  you  have  had  in  this  work  and  your' well-known 
devotion  to  the  public  service,  I  may  safely  predict  that 
your  administration   will  be  a  success. 

I  wish  to  say  on  my  own  behalf  to  the  members  of 
this  association  that  I  appreciate  the  honor  and  distinc- 
tion they  have  conferred  upon  me  by  my  election  to  this 
otfice  a  year  ago,  and  the  courtesies  wnicn  they  have 
extended  to  me  and  the  aid  which  I  have  received  from 
them  in  bringing  about  whatever-  degree  of  success  we 
have  had  at  this  meeting.  Gentlemen  of  the  convention, 
I  thank  you  for  your  kindness  and  courtesies  to  me  dur- 
ing the  past  year  and  during  this  convention.  I  take 
pleasure  in  introducing  Hon.  Charles  F.  Staples,  of  Minne- 
sota, your  new  president. 

President  Staples.  Fellow  members  of  this  association: 
I  will  undertake  to  exercise  better  judgment  than  to  con- 
sume much  of  your  time  at  this  hour  of  the  day  and 
tills  closing  hour  of  our  session.  I  certainly  do  not  want 
to  leave  room  for  doubt  that  I  most  thoroughly  and  sin- 
cerely appreciate  the  honor  which  this  association  has 
conferred  upon  me.  I  have  been  acting  with  the  execu- 
tive committee  for  sonie  years,  have  been  a  perhaps  more 


or  less  active  member  throagh  tbo  many  sefesious  foi'  the 
past  12  years,  have  attended  every  session  since  I  became 
a  commissioner,  and,  more  than  that,  have  attended  every 
minute  of  every  session. 

Years  ago  I  had  experience  for  many  years  as  a  mem- 
ber of  the  State  legislature  and— why,  I  cannot  say— I  had 
a  feeling  in  me  that  the  legislature  was  never  safe  if 
I  were  absent  one  minute.  I  perhaps  might  say  that  I 
had  the  same  feeling  with  this  association.  But  that 
would  not  be  a  correct  interpretation  of  my  being  present. 
I  am  present  at  the  sessions  of  this  convention  because 
of  the  great  benefit  I  feel  these  sessions-  are  to  those 
who  attend,  if  they  attend  for  the  purpose  of  gi-owing 
in  knowledge,  and  I  certainly  attend  for  no  other  pur- 
pose. If  I  have  in  any  degree  at  any  time  thrown  any 
light  upon  any  subject  pertinent  to  the  work  of  the  many 
commissions,   I   think   I   am  amply   rewarded, 

As  I  said,  I  am  not  going  to  dwell  at  any  length  on 
this  matter  at  this  time,  but  I  am  going  to  ask  the  sev- 
eral members  of  this  association  to  feel  perfectly  free 
to  take  advantage  of  every  opportunity — although  perhaps 
it  will  have  to  be  mostly  by  correspondence — to  suggest 
to  me  anything  that  occurs  to  you  that  might  benefit 
the  association  and  its  work  or  its  several  purposes.  I 
would  also  be  very  much  pleased  to  get  suggestions  from 
the  several  members  as  to  what  line  of  work  they  feel 
best  qualified  to  do  and  that  they  would  undertake  or 
v.ould  be  glad  to  undertake  to  do. 

As  a  member  of  the  executive  committee,  and  in  work- 
ing with  the  president  of  the  association,  as  we  are 
obliged  to,  to  a  greater  or  less  degree,  I  have  found 
quite  often  that  the  members  of  any  committee  are 
prone  to  leave  entirely  to  the  chairman  the  performance 
ol  the  work  of  the  committee.  It  is  necessary  for  the 
president  to  recognize  the  different  commissions  and  the 
different  members  of  the  commissions  upon  different 
committees.  It  is  extremely  unfortunate  that  the  presi- 
dent of  the  association  shall  select  for  chairman  of 
any  committee  some  member  who,  either  because  of 
familiarity  with  the  subject  or  lack  of  it,  makes  that 
committee  a  failure,  or  some  member  who  does  not  care 
to  undertake  the  work  of  that  committee.  Therefore  if  I 
can  have  the  suggestion  of  the  different  members  as  to 
what  they  would  particularly  like  to  undertake,  it  will 
aid  me  very  greatly.  In  saying  that,  I  should  say,  to 
make  it  clear,  that  members  may  make  requests  which 
it  would  be  imixjssible  to  grant.  If  such  should  prove 
the  case,  I  trust  no  member  will  feel  offended.  Neces- 
sities which  one  cannot  always  explain  may  make  it 
necessary  to  make  other  selections. 

I  was  designated  the  other  day  by  my  friend  Mr. 
Decker  as  one  who,  at  times,  to  a  greater  or  lesser  degree 
— particularly  to  a  lesser  degree — sometimes  leads  in 
some  of  these  matters  in  our  association.  Do  not  feel 
offended  if  I  have,  at  the  close  of  my  term,  the  name  of 
having  assumed  the  position  of  driver.  I  shall  not  hesi- 
tate, and  I  want  to  give  fair  warning  to  consume  at  least 
considerable  time  and  some  postage  in  the  prodding  of 
the  chairmen  of  the  several  committees.  I  shall  do  so 
with  the  best  intentions,  but  I  want  to  give  the  com- 
mittees fair  warning  that  they  will  be  called  to  account 
several  times  during  the  coming  year,  in  order  that  I 
may  be  advised  as  to  what  progress  they  are  making.  It 
v.'as,  perhaps,  my  good  fortune  to  have  taught  school  for 
some  years,  and  I  shall  assume  the  position  of  teacher, 
not  that  I  can  tell  you  gentlemen  what  to  do  or  how 
to  do  it,  but  I  shall  certainly  not  hesitate  to  ask  you 
what  you  are  doing  and  how  you  are  doing  it. 

With  these  few  remarks,  and  again  thanking  you  for 
the  honor  you  have  conferred  upon  me,  unless  there  is 
something  further  to  come  before  the  convention,  a  mo- 
tion will  he  entertained  to  adjourn  this  convention  sine 
die.  It  there  is  any  matter  to  be  presented,  any  member 
will   be  given   an  opportunity   at  this  time. 

(Cries  of  "Gothlin,  Gothlin.") 

President  Staples.  Mr.  Gothlin,  your  first  vice-president 
is    called    for. 

Mr.  Gothlin.  Mr.  President  and  gentlemen,  I  am  glad 
of  this  opportunity  to  extend  to  the  members  of  the  asso- 
ciation my  thanks  and  also  my  deep  senste  of  apprecia- 
tion of  the  honor  which  you  have  conferred  upon  me  in 
selecting  me  for  the  position  of  first  vice-president.  I 
hope  to  be  able  to  co-operate  with  the  president  in  his 
proposition  to  do  some  prodding.     I  have  had  some  occa- 


102 


National  Association  of  Eailway  Commissioners 


elon  to- do-that -m  itioaes  .past  •as  chairman  of  the  execu- 
tive committee,  and  I  sincerely  hope  with  him  that  when- 
ever that  becomes  necessary,  the  chairmen  of  all  com- 
mittees  will  take   it  In  good  part. 

I  will  take  this  opportunity  to  say  that  I  personally 
believe  a  great  deal  better  results  could  be  obtained  if 
the  chairmen  of  the  various  committees,  after  they  are 
appointed,  would  not  delay  until  May  or  June  or  July  or 
August  for  the  beginning  of  their  work,  but  would  begin 
In  December,  January,  February  or  March,  by  correspond- 
ence and  calling  the  committees  together,  to  try  to  get 
to  work  and  get  matters  in  hand,  so  that  when  the  sum- 
nier  comes  the  reports  may  be  ready  to  be  submitted 
to  the  secretary,  and  then  the  members  can  read  those 
reports  and  have  them  studied  out  and  digested  and  be- 
come prepared  to  talk  about  them.  Perhaps  remarks 
ol  this  kind  may  not  be  entirely  appropriate  at  this  time, 
tut  the  subject  is  close  to  my  heart.  I  am  very  much 
interested  In  the  matter,  and  I  want  to  get  all  the  good 
I  can  myself  out  of  this  association,  and  if  there  is  any- 
thing I  can  do  to  help  it  along  or,  as  the  president  says, 
if  It  is  possible  for  me  to  make  any  suggestion  on  any 
subject,  I  will  be  very  glad  to  do  it.    Again  I  thank  you. 

(Cries  of   "Hill,   Hill,   Hill.") 

President  Staples.  Mr.  Hill,  of  Georgia,  your  second 
vice-president,  is  called  for. 

Mr.  Hill,  of  Georgia.  I  appreciate  very  highly  the 
honor  you  have  conferred  upon  me  by  my  elevation  from 
the  ranks  to  the  position  of  second  vice-president  of  this 
association.  I  esteem  that  honor  very  highly.  I  feel 
sure  that  you  have  conferred  it,  not  on  account  of  any 
special  merit  on  my  part,  but  perhaps  on  account  of  my 
long  membership  in  this  association  and  my  punctuality 
in  my  attendance  upon  the  sessions  of  this  association. 
It  I  am  a  member  of  anything,  I  believe  in  being  punc- 
tual and  prompt,  and  in  a  measure  giving  attention  to  the 
duties  of  the  position.  I  have  endeavored  in  a  humble 
way  to  do  what  the  association  has  called  upon  me  to 


do,  and  only  regret  that  I  have  not  been  able  to  do  It 
with  more  satisfaction  to  myself  and  to  the  association. 

I  will  not  at  this  tim^  talk  long,  owing  to  the  lateness 
of  the  hour,  for  I  feel  sure  the  members  of  the  associa- 
tion are  anxiously  awaiting  a  motion  to  adjourn.  I  will 
simply  return  to  the  association  my  thanks  for  the  honor 
they   have  conferred  upon  me. 

(Cries  of  "Connolly,  Connolly,  Connolly.") 

President  Staples.  Mr.  William  H.  Connolly,  our  sec- 
retary,  is  called  upon. 

Secretary  Connollt.  I  have  nothing  to  say  at  this  time 
to  the  members  of  the  association*  except  to  thank  them 
for  the  compliment  in  re-electing  him  to  the  position. 
I  will  lend  such  aid  to  the  incoming  administration  as  is 
within  my  power  to  make  it  as  successful  as  possible. 

President  Staples.  I  want  to  say  at  this  juncture,  and 
say  it  very  feelingly,  that  this  association  should  ex- 
tend a  vote  of  thanks  to  Mr.  Connolly  for  accepting  the 
Gifice,  which  I  feel  really  is  an  imposition  upon  him.  I 
vrould  not,  however,  lose  his  services  for  a  great  deal. 

What  is  the  further  pleasure  of  the  convention? 

Mr.  Mills,  of  Minnesota.  I  wish  to  move  that  the 
thanks  of  this  convention  be  extended  to  Mr.  Connolly 
for  his  untiring  and  faithful  efforts  in  the  past  and  for 
again  accepting  the  office  of  secretary. 

President  Staples.  It  gives  me  great  pleasure,  and  I 
feel  it  earnestly  that  it  is  due  Mr.  Connolly,  to  put  this 
motion. 

The  motion  is  made  and  seconded  that  the  thanks 
of  this  convention  be  extended  to  Mr.  Connolly  for  his 
untiring  and  faithful  efforts  in  the  past  and  for  his 
acceptance  of  the  office  and  the  duties  which  devolve 
upon  him  for  the  coming  year. 

The   motion   was   unanimously  carried. 

Mr.  Hill,  of  Georgia.  I  move  we  do  now  adjourn  sine 
die. 

The  motion  was  carried;  and  thereupon,  at  12:50 
o'clock  p.  m.,  the  association  adjourned  sine  die. 


DIGEST  C^F  THE  DECISIONS 


OF  THE 


FEDERAL  AND  STATE  COURTS 


PERTAINING  TO  AND  CONSTRUING 

THE 


ACT  TO  REGULATE  COMMERCE 


AND 

ACTS  SUPPLEMENTARY  THERETO 

AND  THE 


STATE  LAWS  PERTAINING  TO  RAILWAY 
AND  PUBLIC  SERVICE  COMMISSIONS     , 


Natioxal  Association  of  Jiaii.w.vy  ('o:\iMissroNi-:ns 


Digest  of  Decisions 


Introduction 


It  is  the  design  of  the  following  digest  to  summarize  the  more  important  decisions  defining  the 
powers  and  duties  of  the  Interstate  Commerce  Commission  and  of  the  State  Railroad  Commissions, 
especially  with  reference  to  common  carriers.  No  attempt  has  been  made  to  write  a  law  treatise. 
The  digest  is  merely  intended  as  a  guide  to  the  law  upon  this  important  subject.  Extensive  quota- 
tions, however,  have  been  made  from  the  opinions  of  the  Courts,  which  will  add,  it  is  believed,  to  the 
value  of  the  work,  making  it  more  useful  than  a  mere  digest  of  decisions. 

The  first  comprehensive  law  passed  by  Congress  to  regulate  commerce  was  the  Act  of  February 
4,  1887,  commonly  known  as  the  Interstate  Commerce  Act.  Prior  to  the  enactment  of  this  act, 
railway  traffic  in  this  country  was  regulated  only  by  the  principles  of  commcn  law  [applicable  to 
common  carriers,  which  demanded  little  more  than  that  they  should  carry  for  all  persons  who  applied, 
in  the  order  in  which  the  goods  were  delivered  at  the  particular  station,  and  that  their  charge  should 
be  reasonable. 

In  several  of  the  States,  acts  had  been  passed  with  the  design  of  securing  the  public  against  un- 
reasonable and  unjust  discrimination;  but  the  inefficiency  of  these  laws  beyond  the  boundaries  of 
the  particular  State,  and  the  evil  which  grew  up  under  a  policy  of  unrestricted  competition,  suggested 
the  necessity  of  legislation  by  Congress  under  the  constitutional  power  to  regulate  commerce  among 
the  States.    The  Interstate  Commerce  Act  was  the  result. 

The  principal  objects  of  the  Act  are  to  secure  just  and  reasonable  charges,  for  transportation; 
to  prohibit  unjust  discrimination,  in  the  rendition  of  like  service  under  similar  circumstances;  to 
prevent  undue  and  unreasonable  preference  to  persons,  corporations,  or  localities;  to  inhibit  higher 
charges  for  a  shorter  than  a  longer  distance  over  the  same  line,  and  to  abolish  combination  for  the 
hauling  of  freights. 

The  act  to  regulate  commerce,  as  amended  June  29,  1906,  and  acts  supplementary  thereto  have 
vested  in  the  Interstate  Commerce  Commission  certain  definite  powers  and  duties  in  carrying  out 
and  enforcing  the  provisions  of  the  act,  and  in  making  rules  and  regulations  in  conformity  therewith. 
The  powers  of  the  Commission,  while  chiefly  administrative,  are  in  some  degree  both  legislative  and 
judicial.  The  power  to  determine  and  prescribe  through  and  joint  rates,  for  the  interstate  trans- 
portation of  persons  or  property,  is  a  legislative  fimction. 

The  power  to  hear  complaints,  take  evidence,  make  findings  and  issue  orders  to  enforce  the  same 
is  of  a  judicial  nature. 

The  decisions  referred  to,  demonstrate  just  what  these  powers  are  and  show  their  application, 
in  particular  cases,  to  the  business  of  common  carriers.  They  also  mark  the  limitations  placed  upon 
the  jurisdiction  of  the  Interstate  Commerce  Commission,  in  relation  to  the  jurisdiction  of  the 
Pederal^Courts. 

_  An  outline  is  also  given  of  the  powers  and  duties  of  State  Railroad  Commissions,  followed  by  some 
of  the  more  important  decisions  showing  the  application  of  such  laws  to  intrastate  transportation, 
and  the  incidental  effects  of  such  laws  upon  Interstate  Commerce. 


Digest  of  Decisions 


105 


DIGEST  OF  DECISIONS 

INTERSTATE    COMMERCE 


Provisions  of  the  Constitution  of  the   United   States 
Relating  to  Commerce, 

"The  congress  shall  have  power  ...  to  regulate 
commerce  with  foreign  nations  and  among  the  several 
States,  and  with  the  Indian  tribes."  Article  I,  Sec.  8, 
Par.  3. 

"The  congress  shall  have  power  ...  to  make  all 
laws,  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers  and  all  other  powers 
vested  by  this  constitution  in  the  government  of  the 
United  States,  or  in  any  department  or  officer  thereof." 
Article  I,  Sec.  8,  Par.  17. 

"Xo  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  State.  No  preference  shall  be  given  by  any 
regulation  of  commerce  or  revenue  to  the  ports  of  one 
State  over  those  of  another;  nor  shall  vessels  bound  to 
or  from  one  State  be  obliged  to  enter,  clear  or  pay  duties 
in  another."     Article  I,  Sec.  9,  Par.  5. 

"The  citizens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  the  citizens  of  the  several 
States."    Article  IV,  Sec.  2,  Par.  1. 

"This  constitution  and  the  laws  of  the  United  States, 
which  shall  be  made  in  pursuance  thereof  and  all 
treaties  made,  or  which  shall  be  made  under  the  au- 
thority of  the  United  States,  shall  be  the  supreme  law 
of  the  land;  and  the  judges  in  every  State  shall  be 
bound  thereby,  anything  in  the  constitution  or  laws  of 
any  State  to  the  contrary  notwithstanding."  Article  VI, 
Sec.  1,  Par.  2. 

"The  powers  not  delegated  to  the  United  States  by  the 
constitution  nor  prohibited  by  it  to  the  States  are  re- 
served to  the  States,  respectively,  or  to  the  people." 
Amendments  to  Const.  U.  S.,  Art.  X  (declared  ratified 
January  8,  1798). 

"All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of 
the  United  States,  and  of  the  State  wherein  they  re- 
side. No  State  shall  make  or  enforce  any  law  which 
shall  abridge  the  privileges  or  immunities  of  citizens 
of  the  United  States,  nor  shall  any  State  deprive  any 
person  of  life,  liberty,  or  property,  without  due  process 
of  law,  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  law."  Amendments  to  Const. 
U.  S.,  AHicle  XIV,  Sec.  1  (declared  ratified  July  28, 
1868). 

FEDERAL  SOVEREIGNTY 

The  jurisdiction  of  the  nation  within  its  own  territory 
is  necessarily  exclusive  and  absolute.  It  is  susceptible 
of  no  limitation  not  imposed  by  itself.  Any  restriction 
upon  it,  deriving  validity  from  an  external  source, 
would  imply  a  diminution  of  its  sovereignty  to  the  ex- 
tent of  the  restriction,  and  an  investment  of  that  sov- 
ereignty to  the  same  extent  in  that  power  which  could 
impose  such  restriction.  All  exceptions,  therefore,  to 
the  full  and  complete  power  of  a  nation  within  its  own 
territories  must  be  traced  up  to  the  consent  of  the  nation 


itself.  They  can  flow  from  no  other  legislative  source. 
The  Schooner  Exchange  v.  McFaddon,  7  Cranch.  116. 

While  under  our  constitution  and  form  of  government 
the  great  mass  of  local  matters  is  controlled  by  local 
authorities,  the  United  States  in  their  relation  to  for- 
eign countries  and  their  subjects  or  citizens  are  one 
nation,  invested  with  powers  which  belong  to  independ- 
ent nations,  the  exercise  of  which  can  be  invoked  for 
the  maintenance  of  its  absolute  independence  and  se- 
curity throughout  its  entire  territory.  The  power  to 
declare  war,  make  treaties,  suppress  insurrection,  repel 
invasion,  regulate  foreign  commerce,  secure  republican 
government  to  the  State,  and  admit  subjects  of  other 
nations  to  citizenship,  are  all  sovereign  powers,  re- 
stricted in  their  exercise  only  by  the  constitution  itself 
and  considerations  of  public  policy  and  justice  which 
control,  more  or  less,  the  conduct  of  all  civilized  nations. 
The  Chinese  Exclusion  Case,  130  U.  S.  581,  604. 

The  power  of  congress  comprehends  navigation  within 
the  limits  of  very  State  in  the  Union,  so  far  as  that 
navigation  may  be  in  any  manner  connected  with  "com- 
merce with  foreign  nations,  or  among  the  several  States 
or  with  the  Indian  tribes."  Gibbons  v.  Ogden,  9 
Wheat.  1. 

"Wherever  "commerce  among  the  States"  goes,  the 
power  of  the  nation,  as  represented  in  the  court,  goes 
with  it  to  protect  and  enforce  its  rights.  Oilman  v. 
Philadelphia,  3  Waif,  713,  725. 

The  United  States  is  not  only  a  government,  but  it 
is  a  national  government,  and  the  only  government  in 
this  country  that  has  the  character  of  nationality.  It  is 
invested  with  power  over  all  the  foreign  relations  of  the 
country,  war,  peace,  and  negotiation  and  intercourse 
with  other  nations ;  all  of  which  are  forbidden  to  State 
governments.  It  has  jurisdiction  over  all  those  general 
subjects  of  legislation  and  sovereignty  which  affect  the 
interests  of  the  whole  people  equally  and  alike,  and 
which  require  uniformity  of  regulation  and  law,  such 
as  coinage,  weights  and  measures,  bankruptcy,  the  postal 
system,  patents  and  copyrights,  the  public  lands  and 
interstate  commerce,  all  of  which  subjects  are  expressly 
or  impliedly  prohibited  to  the  State  governments.  Knox 
V.  Lee,  12  Wall,  457,  555. 

The  constitution  and  laws  of  a  State,  so  far  as  they 
are  repugnant  to  the  constitution  and  laws  of  the  United 
States,  are  absolutely  void.  These  States  are  constituent 
parts  of  the  United  States.  They  are  members  of  one 
great  empire  for  some  purposes  sovereign,  for  some  pur- 
poses subordinate.   Cohn  v.  Virginia,  6  Wheat,  264,  414. 

The  power  to  regulate  commerce  among  the  several 
States  is  granted  to  congress  in  terms  as  absolute  as  is 
the  power  to  regulate  commerce  with  foreign  nations. 
Brown  v.  Hotiston,  114  U.  S.  132;  Bowman  v.  Chicago, 
etc..  Railway  Co.,  125  U.  S.  465;  Crutcher  v.  Kentucky, 
141  U.  S.  47;  Pittsburg  Coal  Co.  v.  Bates,  156  U. 
S.  577. 

Congress — Power  to  prescnbe  rules  and  regulations  at 


106 


National  Association  of  Eailway  Commissioners 


to  duties,  etc.  The  power  vested  in  congress  to  regulate 
commerce,  interstate  and  foreign,  is  the  power  to  pre- 
scribe the  rules  by  which  it  shall  be  governed — ^that  is, 
the  conditions  on  which  it  shall  be  conducted ;  to  deter- 
mine when  it  shall  be  free,  and  when  subject  to  duties 
or  other  exactions.  Gloucester  Ferry  Co.  v.  Pennsyl- 
vania, 114  TJ.  S.  196.  When  goods,  the  products  of  a 
State,  have  begun  to  be  transported  from  that  State  to 
another  State,  and  not  till  then,  they  become  the  sub- 
jects of  interstate  commerce,  and  as  such  are  subject 
to  national  regulation,  and  cease  to  be  taxable  by  the 
State  of  their'  origin.  Goods  on  their  way  through  a 
State  from  a  place  outside  thereof  to  another  place  out- 
side thereof  Sre  in  course  of  interstate  or  foreign  trans- 
portation, and  are  subjects  of  interstate  or  foreign  com- 
merce, and  are  not  taxable  by  the  State  through  which 
they  are  passing,  even  though  detained  within  that  State 
by  low  water,  or  other  temporary  causes.  Coe  v.  Errol, 
116  U.  S.  517. 

Operation  of  constitution  on  new  conditions.  Con- 
stitutional provisions  do  not  change,  but  their  opera- 
tions extend  to  new  matters  as  the  mode  of  business 
and  the  habits  of  life  of  the  people  vary  with  each  suc- 
ceeding generation.  The  law  of  the  common  carrier  is 
the  same  to-day  as  when  transportation  on  land  was  by 
coach  and  wagon,  and  on  water  by  canal  boat  and  sail- 
ing vessel,  yet  in  its  actual  operation  it  touches  and 
regulates  transportation  by  modes  then  unknown,  the 
railroad  trains  and  steamships.  Just  so  it  is  with  the 
grant  to  the  national  government  of  power  over  inter- 
state commerce.  The  constitution  has  not  changed. 
The  power  is  the  same.  But  it  operates  to-day  upon 
modes  of  interstate  commerce  unknown  to  the  fathers, 
and  it  will  operate  with  equal  force  upon  any  new  modes 
of  such  commerce  which  the  future  may  develop.  In  re 
Dels,  158  U.  S.  564. 

Commerce  with  foreign  countries  and  among  the 
States  includes  not  only  the  exchange  and  transportation 
of  commodities,  or  visible,  tangible  things,  but  the  car- 
riage of  persons,  and  the  transmission  by  telegraph  of 
ideas,  wishes,  orders,  and  intelligence.  W.  U.  Tel.  Co. 
V.  Pendleton,  133  U.  S.  347 ;  Ratterman  v.  Telegraph 
Company,  127  U.  S.  411 ;  Leloup  v.  Port  of  MoUle,  137 
U.  S.  640. 

Foreign  commerce  and^Indian  tribes.  A  State  may 
regulate  its  own  internal  commerce,  may  pass  inspection 
and  police  laws,  designed  to  guard  the  health  and  pro- 
tect the  rights  of  its  citizens.  But  these  laws  must  not 
be  extended  so  as  to  come  in  conflict  with  a  power 
expressly  given  to  the  federal  government.  It  is  enough 
to  say  that  the  commercial  power  as  it  regards  foreign 
commerce  and  commerce  among  the  several  States,  has 
been  decided  by  this  court  to  be  exclusively  vested  in 
congress.    Groves  et  al.  v.  Slaughter,  15  Peters,  505. 

The  words  of. the  constitution  are:  "Congress  shall 
have  power  to  regulate  commerce  with  foreign  nations, 
and  among  the  several  States  and  with  Indian  tribes." 
Commerce  with  foreign  nations,  without  doubt,  means 
commerce  between  citizens  of  the  United  States  and 
citizens  or  subjects  of  foreign  governments,  as  indi- 
viduals. And  so  commerce  with  the  Indian  tribes 
means  commerce  with  the  individuals  composing  those 
tribes.  If  commerce  or  traffic  or  inter-commerce  is 
carried  on  with  our  Indian  tribes,  or  with  a  member  of 
such  tribe,  it  is  subject  to  be  regulated  by  congress, 
although  within  the  limit  of  a  State.  The  locality  of 
the  traffic  can  have  nothing  to  do  with  the  power.    The 


right  to  exercise  it  in  reference  to  any  Indian  tribe,  or 
any  person  who  is  a  member  of  such  tribe,  is  absolute, 
without  reference  to  the  locality  of  the  traffic,  or  the 
locality  of  the  tribe,  or  member  of  the  tribe,  with  whom 
it  is  carried  on.  United  States  v.  Holliday,  3  Wall. 
417;  Cherokee  Nation  v.  Ga.,  5  Peters,  1;  Worcester  v. 
Ga.,  6  Peters,  515 ;  United  States  v.  Forty-three  Gallons 
of  Whisky.  93  U.  S.  188.  The  Cherokee  Nation  is  not 
sovereign  in  the  sense  that  the  United  States  or  a  State 
is  sovereign,  but  is  now,  as  heretofore,  a  dependent 
political  community,  subject  to  the  paramount  author- 
ity of  the  United  States.  A  railroad  is  a  public  high- 
way, established  primarily  for  the  convenience  of  the 
people,  and  to  subserve  public  ends,  and  is  subject  to 
the  government  control  and  regulation;  and  for  these 
reasons  the  corporations  owning  it  may,  under  legisla- 
tive sanction,  take  private  property  for  a  right  of  way 
upon  making  just  compensation  to  the  owner.  Chero- 
kee Nation  v.  Ks.  Ry.  Co.,  135  U.  S.  641. 

General  scope  of  congress,  power  over  commerce.  In 
The  Lottery  Cases,  188  U.  S.  321,  346,  Mr.  Justice  Har- 
lan, delivering  the  opinion  of  the  majority  of  the  court, 
reviews  at  great  length  the  cases  in  which  the  court  has 
considered  the  meaning  of  the  term  "commerce  among 
the  several  States"  in  the  commerce  clause  of  the  consti- 
tution, and  the  power  of  congress  thereunder,  and  very 
completely  summarizes  tlie  effect  of  the  decisions.  He 
says: 

"The  leading  case  under  the  commerce  clause  of  the 
Lonstitution  is  Gibbons  v.  Ogden,  9  Wheat.  I,  189,  194, 
6,  L.  Ed.  23.  Referring  to  that  clause,  Chief  Justice 
Marshall  said:  'The  subject  to  be  regulated  is  "com- 
merce"; and  our  constitution  being,  as  was  aptly  said 
at  the  bar,  one  of  enumeration  and  not  of  definition, 
to  ascertain  the  extent  of  the  power,  it  becomes  neces- 
sary to  settle  the  meaning  of  the  word.  The  counsel 
for  the  appellee  would  limit  it  to  traffic,  to  buying  and 
selling,  or  the  interchange  of  commodities,  and  do  not 
admit  that  it  comprehends  navigation.  This  would 
restrict  a  general  term,  applicable  to  many  objects,  to 
one  of  its  significations. 

"  'Commerce,  undoubtedly,  is  traffic,  but  it  is  some- 
thing more;  it  is  intercourse.     .     .     . 

"  'It  has  been  truly  said  that  commerce,  as  the  word 
is  used  in  the  constitution,  is  a  unit,  every  part  of 
which  is  indicated  by  the  term.  If  this  be  the  admitted 
meaning  of  the  word,  in  its  application  to  foreign  na- 
tions, it  must  carry  the  same  meaning  throughout  the 
sentence,  ami  remain  a  unit,  unless  there  be  some  pl;iin, 
intelligible  cause  which  alters  it. 

"  'The  subject  to  which  the  power  is  next  applied  is  to 
commerce  "among  the  several  States.  The  word  "among" 
means  intermingled  with.  A  thing  which  is  among 
others  is  intermingled  with  them.  Commerce  among 
the  States  cannot  stop  at  the  external  boundary  line  of 
each  State,  but  may  be  introduced  into  the  interior. 

"  'It  is  not  intended  to  say  that  these  words  compre- 
hend that  commerce,  which  is  completely  internal, 
which  is  carried  on  between  man  and  man  in  a  State, 
or  between  different  parts  of  the  same  State,  and  which 
does  not  extend  to  or  affect  other  States.  Sucli  a  power 
would  be  inconvenient  and  is  certainly  unnecessary. 
Comprehensive  as  tlie  word  "among"  is,  it  may  very 
properly  be  restricted  to  that  commerce  which  concerns 
more  States  that  one. 

"  'The  genius  and  character  of  the  whole  government 
seem  to  be  that  its  action  is  to  be  applied  to  all  the 


Digest  of  Decisions 


107 


external  concerns  of  the  nation  and  to  those  internal 
concerns  which  affect  the  States  generally;  but  not  to 
those  which  are  completely  within  a  particular  State, 
which  do  not  affect  other  States,  and  with  which  it  is 
not  necessary  to  interfere  for  the  purpose  of  executing 
some  of  the  general  powers  of  the  government.     .     .     . 

"  'Again :  We  are  now  at  the  inquiry :  |VTiat  is  this 
power?  It  is  the  power  to  regulate;  that  i8,ie  prescribe 
the  rule  by  which  commerce  is  to  be  governed.  This 
power,  like  all  others  vested  in  congress,  is  complete 
in  itself,  may  be  exercised  to  its  utmost  extent,  and 
acknowledges  no  limitations  other  than  are  prescribed  in 
the  eonstiijution. 

"  'These  are  expressed  in  plain  terms  and  do  not  affect 
the  questions  which  arise  in  this  case,  or  which  have 
been  discussed  at  the  bar.  If,  as  has  been  always  un- 
derstood, the  sovereignty  of  congress,  though  limited  to 
specified  objects,  is  plenary  as  to  those  objects,  the  power 
over  commerce  with  foreign  nations,  and  among  the 
several  States,  is  vested  in  congress,  as  absolutely  as 
it  would  be  in  a  single  government,  having  in  its  con- 
stitution the  same  restrictions  on  the  exercise  of  the 
power  as  are  found  in  the  constitution  of  the  United 
States.     .     .     . 

"This  reference  to  prior  adjudications  could  be  ex- 
tended if  it  were  necessary  to  do  so.  The  cases  cited, 
however,  sufficiently  indicate  the  grounds  upon  which 
this  court  has  proceeded  when  determining  the  mean- 
ing and  scope  of  the  commerce  clause.  They  show  that 
commerce  among  the  States  embraces  navigation,  inter- 
course, communication,  traffic,  the  transit  of  persons, 
and  the  transmission  of  messages  by  telegraph.  They 
also  show  that  the  power  to  regulate  commerce  among 
the  several  States  is  vested  in  congress  as  absolutely  as 
it  would  be  in  a  single  government,  having  in  its  con- 
stitution the  same  restrictions  on  the  exercise  of  the 
power  as  are  found  in  the  constitution  of  the  United 
States;  that  such  power  is  plenary,  complete  in  itself, 
and  may  be  exerted  by  congress  to  its  utmost  extent, 
subject  only  to  such  limitation  as  the  constitution  im- 
poses upon  the  exercise  of  the  power  granted  by  it ;  and 
that  in  determining  the  character  of  the  regulations 
to  be  adopted  congress  has  a  large  discretion  which  is 
not  controlled  by  the  courts,  simply  because,  in  their 
opinion,  such  regulations  may  not  be  the  best  or  most 
effective  that  could  be  employed." 

Hannibal  bridge  case.  Hannibal  Bridge  Company 
held  liable  to  fine  for  failure  to  make  alterations  in  its 
bridge  over  the  Mississippi  river  as  required  by  the  Sec- 
retary of  War.  Hannibal  Bridge  Co.  v.  U.  S.  (1910), 
—  U.  S.  — ,  31  Sup.  Ct.  Rep.  603,  —  L.  Ed.  — . 

EXCLUSIVE  POWER  OF  CONGRESS 

Mr.  Justice  Johnson,  in  a  separate  opinion  in  Gibbons 
V.  Ogden,  said :  "My  opinion  is  founded  on  the  applica- 
tion of  the  words  of  the  grant  to  the  subject  of  it.  The 
'power  to  regulate  commerce'  here  meant  to  be  granted, 
was  that  power  to  regulate  commerce  which  previously 
existed  in  the  States.  But  what  was  that  power  ?  The 
States  were  unquestionably  supreme ;  and  each  possessed 
that  power  over  commerce,  which  is  acknowledged  to 
reside  in  every  sovereign  State.  .  .  .  The  law  of 
nations,  regarding  man  as  a  social  animal,  pronounces 
all  commerce  legitimate,  in  a  State  of  peace,  until  pro- 
hibited by  positive  law. 


"The  power  of  a  sovereign  State  over  commerce, 
therefore,  amounts  to  nothing  more  than  a  power  to 
limit  and  restrain  it  at  pleasure.  And  since  the  power 
to  prescribe  the  limits  to  its  freedom  necessarily  implies 
the  power  to  determine  what  shall  remain  unrestrained, 
it  follows  that  the  power  must  be  exclusive ;  it  can  reside 
but  in  one  potentate ;  and  hence  the  grant  of  this  power 
carries  with  it  the  whole  subject,  leaving  nothing  for 
the  State  to  act  upon."  Brown  v.  Maryland,  12  Wheat. 
419,  446;  Passenger  Cases,  7  How.  283;  Woodruff  v. 
Parkham,  8  Wall.  123,  138 ;  Henderson,  etc.,  v.  Mayor, 
etc.,  92  U.  S.  259,  270;  United  States  v.  Halliday,  3 
Wall.  417. 

Scope  of  the  commerce  clause.  The  scope  of  the  com- 
merce clause  of  the  constitution  was  considered  in  Pen- 
sacola  Tel.  Co.  v.  Western  Union  Tel.  Co.,  96  U.  S.  1,  a 
case  involving  the  validity  of  a  statute  of  Florida  which 
assumed  to  confer  upon  a  local  telegraph  company  the 
exclusive  right  to  establish  and  maintain  lines  of  electric 
telegraph  in  certain  counties  of  Florida.  The  court 
held  the  act  to  be  unconstitutional.  Chief  Justice  Waite, 
delivering  its  judgment,  said:  "Since  the  case  of  Gib- 
bons V.  Ogden,  9  Wheat.  1,  it  has  never  been  doubted 
that  commercial  intercourse  is  an  element  of  commerce 
which  comes  within  the  regulating  power  of  congress. 
PostofiBces  and  post  roads  are  established  to  facilitate 
the  transmission  of  intelligence. 

"Both  commerce  and  the  postal  service  are  placed 
within  the  power  of  congress,  because  being  national  in 
their  operation,  they  should  be  under  the  protecting 
care  of  the  national  government. 

"The  powers  thus  granted  are  not  confined  to  the 
instrumentalities  of  commerce,  or  the  postal  service 
known  or  in  use  when  the  constitution  was  adopted, 
but  they  keep  pace  with  the  progress  of  the  country, 
and  adapt  themselves  to  the  new  developments  of  time 
and  circumstances.  They  extend  from  the  horse  with 
its  rider  to  the  stage  coach,  from  the  sailing  vessel  to 
the  steamboat,  from  the  coach  and  the  steamboat  to 
the  railroad,  and  from  the  railroad  to  the  telegraph, 
as  these  new  agencies  are  successively  brought  into  use 
to  meet  the  demands  of  increasing  population  and 
wealth.  They  were  intended  for  the  government  of  the 
business  to  which  they  relate,  at  all  times  and  under  all 
circumstances. 

"As  they  were  entrusted  to  the  general  government 
for  the  good  of  the  nation,  it  is  not  only  the  right  but 
the  duty  of  congress  to  see  to  it  that  intercourse  among 
the  States  and  the  transmission  of  intelligence  are  not 
obstructed  or  unnecessarily  encumbered  by  State  legis- 
lation." 

In  County  of  Mobile  v.  Kimball,  103  U.  S.  691,  Mr. 
Justice  Field  said:  "Commerce  with  foreign  countries 
and  among  the  States,  strictly  considered,  consists  in 
intercourse  and  traffic,  including  in  these  terms  navi- 
gation and  the  transportation  and  transit  of  person 
and  property,  as  well  as  the  purchase,  sale  and  exchange 
of  commodities."  This  principle  was  expressively  re- 
affirmed in  Gloucester  Ferry  Company  v.  Pennsylvania, 
114  U.  S.  196,  203. 

Duty  of  national  government  to  keep  interstate  high- 
way free  from  obstruction.  The  national  government, 
given  by  the  constitution  power  to  regulate  commerce, 
has  by  .express  statutes  assumed  jurisdiction  over  such 
commerce  wlien  carried  upon  railroads.  It  is  charged, 
therefore,  with  the  duty  of  keeping  those  highways  of 
interstate  commerce  free  from  obstruction,  for  it  has 


108 


National  Association  of  Railway  Commissioners 


always  been  recognized  as  one  of  the  powers  and  duties 
of  a  government  to  remove  obstructions  from  the  high- 
ways under  its  control.    In  re  Debs,  158  U.  S.  564. 

National  control  of  navigable  water.  The  power  to 
regulate  commerce  comprehends  the  control  for  that 
purpose  and  to  the  extent  necessary  of  all  navigable 
waters  of  the  United  States  which  are  accessible  from 
a  State  other  than  those  in  which  they  lie.  For  this 
purpose  they  are  the  public  property  of  a  nation,  and 
subject  to  all  the  requisite  legislation  by  congress.  This 
necessarily  includes  the  power  to  keep  them  open  and 
free  from  any  obstruction  to  their  navigation  interposed 
by  the  States,  or  otherwise  to  remove  such  obstructions 
when  they  exist;  and  to  provide  by  such  caution  as  they 
may  deem  proper  against  the  occurrence  of  the  evil  and 
for  the  punishment  of  the  offenders.  For  these  purposes 
congress  possesses  all  the  powers  which  existed  in  the 
States  before  the  adoption  of  the  national  constitution, 
and  which  have  always  existed  in  the  parliament  in 
England.     Gilmore  v.  Philadelphia,  3  Wall.  713,  714. 

National  control  over  navigable  water  within  State 
limited  to  interstate  commerce.  The  national  govern- 
ment has  no  separate  dominion  over  a  river  within  thb 
limit  of  a  State;  its  jurisdiction  then  is  like  that  over 
land  within  the  same  State.  Its  control  over  the  river 
is  simply  by  virtue  of  the  fact  that  it  is  one  of  the 
highways  of  interstate  and  international  commerce.  The 
great  case  of  Gibbons  v.  Ogden,  9  Wheat.  1,  197,  in 
which  the  control  of  congress  over  inland  water  was 
asserted,  rested  that  control  on  the  grant  of  the  power 
to  regulate  commerce.  The  argument  of  Chief  Justice 
Marshall  was  that  commerce  includes  navigation,  and 
a  power  to  regulate  navigation  is  as  expressly  granted 
as  if  that  term  had  been  added  to  the  word  "commerce." 
In  order  to  regulate  commerce  with  foreign  nations  it 
is  essential  that  the  powers  of  congress  do  not  stop  at 
the  border  of  the  nation,  and  equally  so  as  to  the  com- 
merce among  the  States.    In  re  Pebs,  158  U.  S.  564. 

Congress  may  construct  or  authorize  the  construction 
of  railroads,  canals  and  highways,  and  create  corpora- 
tions to  operate  them.  Under  the  power  to  regulate 
commerce  among  the  several  States,  and  to  provide  for 
postal  accommodations,  and  military  exigencies,  con- 
gress has  power  to  construct  or  to  authorize  individuals 
or  corporations  to  construct  national  highways  and 
bridges  from  State  to  State.  Such  power  is  essential  to 
the  complete  control  and  regulation  of  interstate  com- 
merce. Without  authority  in  congress  to  establish  and 
maintain  such  highways  and  bridges  it  would  be  without 
authority  to  regulate  one  of  the  most  important  adjuncts 
of  commerce.  This  power  in  former  times  was  exerted 
to  a  very  limited  extent,  the  Cumberland  or  National 
road  from  the  Potomac  to  the  Ohio  being  the  most 
notable  instance.  Its  exertion  was  but  little  called  for, 
as  commerce  was  then  mostly  conducted  by  water,  and 
many  of  our  statesmen  entertained  doubts  as  to  the 
existence  of  the  power  to  establish  ways  of  communica- 
tion by  land.  But  since,  in  consequence  of  the  expan- 
sion of  the  country,  the  multiplication  of  its  products, 
and  the  invention  of  railroads  and  locomotion  by  steam, 
land  transportation  has  so  vastly  increased,  a  sounder 
consideration  of  the  subject  has  prevailed  and  led  to 
the  conclusion  that  congress  has  plenary  power  over 
the  whole  subject.  Of  course  the  authority  of  congress 
over  the  Territories  of  the  United  States  and  its  power 
to  grant  franchises  exercisable  therein,  are,  and  ever 
have  been,  undoubted.    But  the  wider  power  was  very 


freely  exercised,  and  much  to  the  general  satisfactifl 
in  the  creation  of  the  vast  system  of  railroads  connect- 
ing the  East  with  the  Pacific,  traversing  States  as  well 
as  Territories  and  employing  the  agency  of  State  as  well 
as  federal  corporations.  California  v.  Pac.  R.  R.  Co., 
187  U.  S.  1.  See  also  Pacific  Railroad  Removal  Cases, 
115  U.  S.  1,  14,  18. 

Congress  may  also  create  corporations  a?  appropriate 
means  of  executing  the  powers  of  government,  as,  for 
instance,  a  bank  for  carrying  on  the  fiscal  operations  of 
the  United  States,  or  a  railroad  corporation  for  the  pur- 
pose of  promoting  commerce  among  the  States.  McC^d- 
loch  V.  Maryland,  4  Wheat.  316,  411,  413;  Osborn  v. 
Bank  of  United  States,  9  Wheat.  738,  861,  873 ;  Pacific 
Railroad  Removal  Cases,  115  U.  S.  1,  18.  Congress  has 
likewise  the  power  to  authorize  the  construction  of  pub- 
lic interstate  highways.  Indiana  v.  United  States,  148 
U.  S.  148 ;  Wilson  v.  Shaw,  Secy,  of  State,  204  U.  S.  24. 

Toll  on  bridge  connecting  two  States  is  a  tax  on  com- 
merce. In  Covington,  etc..  Bridge  Co.  v.  Kentucky, 
154  U.  S.  204,  218,  the  question  was  as  to  the  validity, 
under  the  commerce  clause  of  the  constitution,  of  an 
act  of  the  Kentucky  legislature  relating  to  tolls  to  be 
charged  or  received  for  passing  over  the  Ohio  river  upon 
a  bridge  of  the  Covington  &  Cincinnati  Bridge  Com- 
pany, a  corporation  of  both  Kentucky  and  Ohio.  A 
State  enactment  prescribing  a  rate  of  toll  on  the  bridge 
was  held  to  be  unconstitutional  as  an  unauthorized  regu- 
lation of  interstate  commerce.  The  court,  reaffirming 
the  principles  announced  in  Gloucester  Ferry  Co.  v. 
Pennsylvania,  114  U.  S.  196,  and  in  Wabash,  etc.,  Rail- 
way Company  v.  Illinois,  118  U.  S.  557,  said,  among 
other  things:  "Commerce  was  defined,  in  Gibbons  v. 
Ogden,  9  Wheat.  1,  189,  to  be  'intercourse,'  and  the 
thousands  of  people  who  daily  pass  and  repass  over  this 
bridge  may  as  truly  be  said  to  be  engaged  in  com- 
merce as  if  they  were  shipping  cargoes  of  merchandise 
from  New  York  to  Liverpool.  While  the  bridge  com- 
pany is  not  itself  a  common  carrier,  it  affords  a  highway 
for  such  carriage,  and  a  toll  upon  such  bridge  is  as  much 
a  tax  upon  commerce  as  a  toll  upon  a  turnpike  is  a  tax 
upon  the  traffic  of  such  turnpike,  or  the  charge  upon  a 
ferry  a  tax  upon  the  commerce  across  a  river." 

State  and  federal  power  to  regulate.  As  to  those 
subjects  of  commerce  which  are  local  or  limited  in  their 
nature  or  sphere  of  operation,  the  State  may  prescribe 
regulations  until  congress  assumes  control  of  them.  As 
to  those  national  in  character,  and  requiring  uniformity 
of  regulation,  the  power  of  congress  is  exclusive;  and 
until  congress  acts  such  commerce  is  entitled  to  be  free 
from  State  exactions.  Gloucester  Ferry  Co.  v.  Penn- 
sylvania, 114  U.  S.  196. 

The  clause  in  the  constitution  which  confers  upon 
congress  the  power  to  regulate  commerce  among  the  sev- 
eral States  leaves  to  the  States,  in  the  absence  of  con- 
gressional legislation,  the  power  to  regulate  matters  of 
local  interest,  which  affects  interstate  commerce  only 
incidentally,  but  the  power  of  congress  over  interstate 
commerce  is  exclusive  wherever  the  matter  is  national  in 
character  or  admits  of  a  uniform  system  or  plan  of 
regulation. 

So  long  as  congress  does  not  pass  any  law  to  regulate 
interstate  commerce  it  thereby  indicates  its  will  that 
commerce  shall  be  free  and  untrammeled  and  any  regu- 
lation of  the  subject  by  the  States  is  repugnant  to  such 
freedom.    Brovm  v.  Houston,  114  U.  S.  622. 


Digest  of  Decisions 


109 


State  discrimination  in  taxation  unconstitutional.  A 
tax  imposed  by  a  State  statute  upon  an  occupation  which 
necessarily  discriminates  against  the  introduction  and 
sale  of  the  products  of  another  State,  or  against  the 
citizens  of  another  State,  is  repugnant  to  the  constitu- 
tion of  the  United  States.  Walling  v.  Michigan,  116  U. 
S.  446.  ( 

A  State  statute  intended  to  regulate,  or  to  tax,  or  to 
impose  a  restriction  upon  the  transmission  of  persons, 
or  property,  or  telegraphic  messages,  from  one  State  to 
another,  is  not  within  that  class  of  legislation  which  a 
State  may  enact,  in  the  absence  of  legislation  by  con- 
gress ;  and  such  statutes  are  void,  even  as  to  the  part  of 
such  transmission  within  the  State.  Wabash  and  St. 
Louis,  etc.,  Railway  v.  Illinois,  118  U.  S.  557. 

State  tax  on  bill  of  lading  unconstitutional.  The 
stamp  duty  imposed  by  the  legislature  of  California 
upon  bills  of  lading  for  gold  or  silver  transported  from 
that  State  to  any  port  or  place  out  of  the  State,  is  a 
tax  on  exports.  A  tax  or  duty  on  a  bill  of  lading, 
although  different  in  form  from  a  duty  on  the  article 
shipped,  is  in  substance  the  same  thing. 

Such  a  State  tax  is  a  duty  on  exports  and  repugnant 
to  the  constitution  of  the  United  States,  which  in  ex- 
press terms  declares  that  no  State  shall  without  con- 
sent of  congress  lay  any  imposts  or  duties  on  imports 
or  exports,  except  what  may  be  absolutely  necessary  for 
executing  its  inspection  laws.  Almy  v.  California,  24 
How.  169. 

State  cannot  tax  interstate  commerce.  Interstate 
commerce  cannot  be  taxed  at  all  by  a  State,  even  though 
the  same  amount  of  tax  should  be  laid  on  domestic 
commerce,  or  that  which  is  carried  on  solely  within  the 
State.  Bobbins  v.  Shelby  Go.  Taxing  District,  120  U. 
S.  489. 

The  question  whether  when  congress  fails  to  provide 
a  regulation  by  law  as  to  any  particular  subject  of  com- 
merce among  the  States,  it  is  conclusive  of  its  intention 
that  that  subject  shall  be  free  from  positive  regulation, 
or  that,  until  congress  intervenes,  it  shall  be  left  to  be 
dealt  with  by  the  States,  is  one  to  be  determined  from 
the  circumstances  of  each  case  as  it  arises.  Bowman  v. 
Chicago  &  Northwestern  Bailway  Co.,  125  U.  S.  465. 

A  burden  imposed  by  a  State  upon  interstate  com- 
merce is  not  to  be  sustained  merely  because  the  statute 
imposing  it  applies  alike  to  the  people  of  all  the  States, 
including  the  people  of  the  State  enacting  it.  Minne- 
sota V.  Barber,  136  U.  S.  313. 

State  tax  on  gross  receipts  of  interstate  railroad  is 
void.  A  State  statute  which  levies  a  tax  upon  the  gross 
receipts  of  railroads  for  the  carriage  of  goods  and  pas- 
sengers into,  out  of,  or  through  the  State,  is  a  tax  upon 
commerce  among  the  States,  and  therefore  void.  The 
States  cannot  be  permitted  under  the  guise  of  a  tax  upon 
business  within  their  border  to  impose  a  burden  upon 
commerce  within  the  States,  when  the  business  so  taxed 
is  itself  interstate  commerce.  Fargo  v.  Michigan,  121 
U.  S.  230. 

License  tax  on  gross  receipts.  A  Kansas  statute 
that  requires  an  Illinois  corporation  to  pay  a  percentage 
of  its  entire  capital  stock  as  a  condition  precedent  to  its 
doing  business  in  Kansas,  is  void  as  a  State  regulation 
of  interstate  commerce.  Pullman  Company  v.  Kansas 
(1910),  216  U.  S.  56,  30  Sup.  Ct.  Eep.  232.  Citing 
Western  Union  Tel.  Co.  v.  Kansas  (1909),  216  U.  S. 
1,  54,  L.  Ed.,  30  Sup.  Ct.  Eep.  190,  in  which  case  the 


court  by  Harlan,  J.,  said  that  a  statutory  requirement 
that  the  telegraph  company  shall,  as  a  condition  of  its 
right  to  engage  in  local  business  in  Kansas,  first  pay 
into  the  state  school  fund  a  given  per  cent  of  its  author- 
ized capital,  representing  all  its  business  and  property, 
everywhere,  is  a  burden  on  the  company's  interstate 
commerce  and  its  privilege  to  engage  in  that  commerce, 
in  that  it  makes  both  such  commerce  as  conducted  by 
the  company,  and  its  property  outside  of  the  state,  con- 
tribute to  the  support  of  the  state's  schools. 

Taxing  oil  in  pipe  lines.  Oil  in  transit  through  Illi- 
nois in  a  pipe  line  extending  from  Kansas  into  Indiana 
is  not  taxable  by  the  taxing  ofiBcers  of  Illinois.  Prairie 
Oil  &  Gas  Co.  V.  Ehrhardt  (1910),  244  111.  634. 

States  cannot  tax  franchises,  conferred  by  congress,  on 
interstate  railroad.  Franchises  conferred  by  congress  in 
the  exercise  of  its  power  to  construct  or  authorize  the 
construction  of  railroads  across  the  States  and  terri- 
tories of  the  United  States,  cannot  without  the  per- 
mission of  congress,  be  taxed  by  the  States.  California 
V.  Central  Pacific  Railroad  Co.,  127  U.  S.  1. 

Tax  an  steamships  engaged  in  foreign  commerce.  A 
State  tax  upon  the  gross  receipts  of  a  steamship  com- 
pany incorporated  under  its  laws,  which  are  derived 
from  the  transportation  of  persons  and  property  by  sea, 
between  different  States  and  to  and  from  foreign  coun- 
tries, is  a  regulation  of  interstate  and  foreign  com- 
merce, in  conflict  with  the  exclusive  power  of  congress 
under  the  constitution.  Philadelphia  &  Southern  Steam- 
ship Co.  V.  Pennsylvania,  122  U.  S.  326. 

State  tax  on  sleeping  car  void  as  to  interstate  trans- 
portation. A  privilege  tax  of  fifty  dollars  per  annum 
on  every  sleeping  car  or  coach  used  or  run  over  a  rail- 
road in  Tennessee,  and  not  owned  or  run  by  the  railroad 
on  which  it  was  run  or  used,  was  held  to  be  void  as  far 
as  it  applied  to  the  interstate  transportation  of  passen- 
gers carried  over  railroads  in  Tennessee  into  or  out  of 
or  across  that  State,  in  sleeping  cars  owned  by  a  cor- 
poration of  Kentucky,  and  leased  by  it  to  Tennessee  cor- 
porations, the  latter  receiving  the  transit  fare,  and  the 
former  the  compensation  for  the  sleeping  accommoda- 
tions. Pickard  v.  Pullman  Southern  Car  Co.,  117  U. 
S.  34. 

Commerce  between  States  by  ferry.  The  transporta- 
tion of  person  and  property  between  States  (by  ferry) 
is  commerce  of  a  national  character,  requiring  uniform- 
ity of  regulation.  Gloucester  Ferry  Co.  v.  Pennsylvania, 
114  U.  S.  196. 

Implied  and  express  contracts.  The  prohibition  of 
the  constitution  against  State  laws  impairing  the  obli- 
gation of  contracts  applies  to  implied  contracts  as  well 
as  to  express  contracts.  Fisk  v.  Jefferson  Police  Jury, 
116  U.  S.  131. 

Corporations  entitled  same  protection  as  individuals. 
Interstate  commerce  by  corporations  is  entitled  to  the 
same  protection  against  State  exaction  which  is  given  to 
such  commerce  when  carried  on  by  individuals.  Glouces- 
ter Ferry  Co.  v.  Pennsylvania,  114  U.  S.  196. 

A  State  act  which  imposes  limitations  upon  the  power 
of  a  corporation,  created  under  the  law  of  another  State 
to  make  contracts  within  the  State  for  carrying  on  com- 
merce between  the  States,  violates  that  clause  of  the 
constitution  which  confers  upon  congress  the  exclusive 
right  to  regulate  that  commerce.  Cooper  Manufacturing 
Co.  V.  Ferguson,  113  U.  S.  727. 


110 


National  Association  of  Eailway  Commissioners 


CONCURRENT  POWER  OF 
CONGRESS 

The  cases  in  which  the  State  may  act  in  the  absence 
of  legislation  by  congress- — those  in  which  its  jurisdic- 
tion is  said  to  be  concurrent  with  that  of  the  Federal 
government — are  of  the  class  that  are  local  in  their 
nature,  or  intended  as  a  mere  aid  to  commerce,  and  are 
best  provided  for  by  special  regulations.  They  embrace 
laws  for  the  regulation  of  pilots :  Coaley  v.  Philadelphia 
Board  of  Wardens,  12  How.  299;  Steamship  Go.  v. 
Joliffe,  2  Wall.  450;  Ex-parte  McNeil,  13  Wall.  236; 
Wilson  V.  McNamee,  102  U.  S.  572 ;  quarantine  and  in- 
spection laws  and  the  policing  of  harbors:  Gibbons  v. 
Ogden,  9  Wheat.  1,  203;  Giiy  of  New  York  v.  Miln, 
11  Pet.  102 ;  Turner  v.  Maryland,  107  XJ.  S.  38 ;  Morgan 
Steamship  Go.  v.  Louisiana,  118  U.  S.  455 ;  the  improve- 
ment of  navigation  channels :  Gounty  of  Mobile  v.  Kim- 
ball. 102  IT.  S.  691 ;  Escanaba  Go.  v.  Ghicago,  107  U.  S. 
678;  Huse  v.  Glover,  119  U.  S.  543;  the  regulations  of 
wharfs,  piers  and  docks:  Gannon  v.  New  Orleans,  20 
Wall,  577;  Packet  Go.  v.  Kcohul.  95  IT.  S.  80;  Packet 
Go.  V.  St.  Louis,  100  U.  S.  423;  Packet  Go.  v.  Gatletts- 
burg,  105  TT.  S.  559 ;  Transport aiion-  Go.  v.  Parkersburg, 
107  IT.  S.  691 ;  Quachita  Packet  Go.  v.  Aiken,  121  U.  S. 
444;  the  construction-  of  dams  and  bridges  across  the 
navigable  water  of  a  State :  Wilson  v.  Blackbird  Greek 
Marsh  Go.,  2  Pet.  245;  Gardwell  v.  American  Bridge 
Go.,  113  U.  S.  205;  Pound  v.  Turck,  95  U.  S.  459;  and 
the  establishment  of  ferries :  Conway  v.  Taylor,  1  Black, 
603.  Of  this  class  of  cases  it  was  said  by  Mr.  Justice 
Curtis  in  Gooley  v.  Board  of  Wardens,  iS  How.  299. 
318:  "If  it  were  admitted  that  the  existence  of  the 
power  in  congress,  like  the  power  of  taxation,  is  com- 
patible with  the  existence  of  a  similar  power  in  the 
State,  then  it  would  be  in  conformity  with  the  contem- 
porary exposition  of  the  constitution  (Federalist  No. 
32),  and  with  the  judicial  construction,  given  from  time 
to  time  by  this  court,  after  the  most  deliberate  con- 
sideration, to  hold  that  a  mere  grant  of  such  a  power  to 
congress  did  not  imply  a  prohibition  on  the  State  to 
exercise  the  same  power;  that  it  is  not  the  mere  exist- 
ence of  such  a  power,  but  its  exercise  by  congress,  which 
may  be  incompatible  with  the  exercise  of  the  same  power 
by  the  State,  and  that  the  State  may  legislate  in  the  ab- 
sence of  congressional  regulations."  See  also  Sturges  v. 
Growninshield,  4  Wheat.  122,  193.  In  the  matter  of 
building  a  bridge  over  waters  dividing  two  states,  if 
congress  chooses  to  act,  its  action  necessarily  supersedes 
the  action  of  the  State.  Pennsylvania  v.  Wheeling  and 
Belmont  Bridge  Go.,  18  How.  421.  But  the  state  may 
tax  the  instruments  of  interstate  commerce  as  it  taxes 
other  similar  property,  provided  such  tax  is  not  laid 
upon  the  commerce  itself.  Covington  etc.,  Bridge  Co., 
V.  Kentucky,  154  H.  S.  204. 

Bridges  over  navigable  streams.  A  bridge  erected 
over  the  East  river  in  New  York,  in  accordance  with 
authority  derived  from  congress  and  from  the  legis- 
lature of  New  York,  is  a  lawful  structure,  which  cannot 
be  abated  as  a  public  nuisance.  Miller  v.  New  York, 
109  U.  S.  385.  In  the  absence  of  legislation  by  con- 
gress a  State  may  authorize  a  navigable  stream  within 
its  limits  to  be  obstructed  by  a  bridge  or  highway. 
Gardwell  v.  American  Bridge  Co.,  113  U.  S.  205.  But 
congress  has  plenary  powers  respecting  such  streams  and 
is  not  concluded,  by  anything  that  may  have  been  done 
under  State  authority,  from  assuming  entire  control. 


abating  any  structures  that  may  have  been  made  and 
preventing  any  other  from  being  made  except  in  con- 
formity with  such  regulations  as  it  may  impose.  Willa- 
mette Iron  Bridge  Co.  v.  Hatch,  125  IT.  S.  1. 

State  regulations — Quarantine. .  The  requirement  by 
the  quarantine  laws  established  by  the  State  of  Louisi- 
ana, that  each  vessel  passing  a  quarantine  station  shall 
pay  a  fee  fixed  by  the  statutes,  for  examination  as  to 
her  sanitary  condition,  and  the  ports  from  which  she 
came,  is  a  part  of  all  quarantine  systems,  and  is  a  com- 
pensation for  services  rendered  to  the  vessel,  and  is  not 
a  tax  imposed  by  the  State  within  the  meaning  of  the 
constitution.  Nor  is  it  liable  to  constitutional  objection 
as  giving  a  preference  for  a  port  of  one  State  over  those 
of  another.  Section  nine  of  the  first  article  of  the  con- 
stitution is  a  restraint  on  the  power  of  the  general  gov- 
ernment and  not  of  the  States,  and  can  have  no  appli- 
cation to  the  quarantine  laws  of  Louisiana.  While  some 
of  the  rules  of  such  a  quarantine  system  may  amount  to 
a  regulation  of  commerce  with  foreign  nations,  or 
among  the  States,  though  not  so  designed,  they  belong 
to  that  class  which  the  States  may  establish  until  con- 
gress acts  in  the -matter.  Morgan's  Steamship  Go.  v. 
Louisiana,  118  IT.  S.  455.  See  also  Passenger  Gases,  7 
How.  283,  541;  The  Brig  Wilson  v.  United  States,  1 
Brock.  423,  432 ;  Butler  v.  Hopper,  1  Wash.  C.  C.  499 ; 
Pennsylvania  v.  Wheeling  Bridge  Co.,  18  How.  431, 
435;  Munn  v.  Ulinois,  94  IT.  S.  113,  135. 

EXCLUSIVE  POWER  OF  CONGRESS 

In  Covington,  etc..  Bridge  Go.  v.  Kentucky,  154  U. 
S.  204,  209',  the  court  said :  "The  first  class"  (cases  in 
which  the  power  of  the  State  is  exclusive),  "including 
all  those  wherein  the  State  have  plenary  powers,  and 
congress  has  no  right  to  interfere,  concern  the  strictly 
internal  commerce  of  the  States,  and  while  the  regula- 
tions of  the  State  may  affect  interstate  commerce  in- 
directly their  bearing  upon  it  is  so  remote  that  it  cannot 
be  termed  in  any  just  sense  an  interference. 

"Under  this  power  the  States  may  authorize  the  con- 
struction of  highways,  turnpikes,  railways  and  canals 
between  points  in  the  same  State,  and  regulate  the  tolls 
for  the  use  of  same  (Railroad  v.  Maryland,  21  Wall. 
456),  and  may  authorize  the  building  of  bridges  over 
non-navigable  streams,  and  otherwise  regulate  the  navi- 
gation of  strictly  internal  waters  of  the  State — such 
as  do  not  by  themselves  or  by  connection  with  other 
waters,  form  a  continuous  highway  over  which  com- 
merce is  or  may  be  carried  on  with  other  States  or  for- 
eign countries.  Veazie  v.  Moor,  14  How.  568;  The 
Montello,  11  Wall.  411 ;  Same  case,  20  Wall.  430.  This 
is  true  notwithstanding  the  fact  that  the  goods  or  pas- 
sengers carried  or  traveling  over  such  highway  between 
points  in  the  same  States  may  ultimately  be  destined 
for  other  States,  and,  to  a  slight  extent,  the  State  regu- 
lations may  be  said  to  interfere  with  interstate  com- 
merce. The  State  may  also  exact  a  bonus,  or  even  a 
portion  of  the  earnings  of  such  corporation  as  a  condi- 
tion to  the  granting  of  its  charter.  Society  for  Savings 
V.  Goiie,  6  Wall.  594;  Providence  Institution  v.  Massa^ 
chusetts,  6  Wall.  611 ;  Hamilton  Company  v.  Massa- 
chusetts, 6  Wall.  632 ;  Railroad  Company  v.  Maryland, 
21  Wall,  456 ;  Ashley  v.  Ryan,  153  IT.  S.  436.  Congress 
has  no  power  to  interfere  with  police  regulations,  relat- 
ing exclusively  to  the  internal  trade  of  the  States. 
United  States  v.  Dewitt,  9  Wall,  41 ;  Patterson  v.  Ken- 


Digest  of  Decisions 


111 


iucky,  97  U.  S.  501.  Nor  can  it  by  exacting  a  tax  for 
carrying  on  a  certain  business  thereby  authorize  such 
business  to  be  carried  on  within  the  limits  of  a  State. 
License  Tax  Cases,  5  Wall.  462,  470,  471.  The  remark 
of  the  Chief  Justice  in  this  case  contains  the  substance 
of  the  whole  doctrine:  'Over  this'  (the  internal)  'com- 
merce and  trade,  congress  has  no  power  (of  regulation 
nor  any  direct  control.  This  power  belongs' exclusively 
to  the  States.  No  interference  by  congress  with  the 
business  of  citizens  transacted  within  a  State  is  war- 
ranted by  the  constitution,  except  such  as  is  strictly  in- 
cidental to  the  exercise  of  the  powers  clearly  granted  to 
the  legislature.  The  power  to  authorize  a  business 
within  a  State  is  plainly  repugnant  to  the  exclusive 
power  of  the  State  over  the  same  subject.' " 

The  state  may  also  prescribe  the  form  of  all  com- 
mercial contracts,  as  well  as  tlie  terms  and  conditions 
upon  which  the  internal  trade  of  the  State  may  be 
carried  on.    The  Trade  Mark  Cases,  100  U.  S.  82. 

Public  warehcnise  charges  are  subject  to  State  regula- 
tion. The  question  of  the  power  of  the  States  to  lay 
down  a  scale  of  charges,  as  distinguished  from  their 
power  to  impose  taxes,  was  first  presented  to  the  court 
in  Munn  v.  Illinois,  94  U.  S.  113.  Power  was  conceded 
to  the  States  to  prescribe  regulations  and  fix  the  charges 
of  elevators  used  for  the  reception,  storage  and  delivery 
nf  grain,  notwithstanding  such  elevators  were  used  for 
the  storage  of  grain  destined  for  other  States.  The  de- 
cision was  put  upon  the  ground  that  elevators  were 
property  "ailected  with  a  public  interest,"  and  that  from 
time  immemorial  in  England,  and  in  this  country  from 
its  first  colonization,  it  had  been  customary  to  regulate 
ferries,  common  carriers,  hackmen,  bakers,  millers, 
wharfingers,  innkeepers,  etc.,  and  in  so  doing  fix  a 
maximum  of  charge  to  be  made  for  service  rendered,  ac- 
commodation furnished,  and  articles  sold.  The  Chief 
Justice,  in  delivering  the  opinion  of  the  court,  said: 
"The  warehouses  of  these  plaintiffs  in  error  are  situated 
and  their  business  carried  on  exclusively  within  the 
limits  of  the  State  of  Illinois.  They  are  used  as  instru- 
ments by  those  engaged  in  State  as  well  as  those  engaged 
in  interstate  commerce,  but  they  are  no  more  necessarily 
a  part  of  commerce  itself  than  the  dray  or  the  cart  by 
which,  but  for  them,  grain  would  be  transferred  from 
one  railroad  station  to  another.  Incidentally  they  may 
liecome  connected  with  interstate  commerce,  but  not 
necessarily  so.  Their  regulation  is  a  thing  of  domestic 
concern,  and  certainly,  until  congress  acts  in  reference 
to  their  interstate  relations,  the  State  may  exercise  all 
the  powers  of  the  government  over  them,  even  though 
in  so  doing  it  may  indirectly  operate  upon  commerce 
outside  its  immediate  jurisdiction."  The  principle  of 
this  case  has  been«affirmed  in  Budd  v.  New  York,  143  U. 
S.  517,  and  reaffirmed  in  Brass  v.  North  Dakota,  153 
U.  S.  391. 

Constitution — Police  power.  By  the  tenth  amend- 
ment to  the  constitution  of  the  United  States  the  pow- 
ers not  delegated  to  the  United  States  by  the  constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to 
the  States.  This  reservation  includes  what  is  commonly 
called  the  police  power — that  inherent  and  necessary 
power,  essential  to  the  existence  of  society,  and  the  safe- 
guard of  the  inhabitants  of  the  State  against  disorder, 
disease,  poverty  and  crime. 

The  police  power  belonging  to  the  States  in  virtue  of 
their  general  sovereignty  extends  over  all  subjects  within 
the  territorial  limits  of  the  States,  and  has  never  been 


conceded  to  the  United  States.  This  is  well  illustrated 
by  the  adjudication  that  a  statute  prohibiting  the  sale 
of  illuminating  oil  below  a  certain  fire-test  is  beyond 
the  constitutional  powers  of  congress  to  enact,  except 
so  far  as  it  has  effect  within  the  United  States,  and 
without  the  limit  of  any  State,  as  for  instance,  the 
District  of  Columbia,  but  that  is  within  the  constitu- 
tional power  of  a  State  to  pass  such  a  statute,  even 
as  to  oils  manufactured  under  letters  patent  from  the 
United  States.  United  States  v.  Beioitt,  9  Wall.  41 ; 
Patterson  r.  Kentucky,  97  U.  S.  501. 

State  regulation — State  statutes — Interstate  com- 
meice.  "Tbe  principal  limitation  to  the  power  of  State 
legislatures  to  regulate  railroads  is  imposed  by  the  con- 
struction which  the  courts  have  given  to  the  clause  of 
the  Federal  constitution,  vesting  in  congress  exclusive 
power  to  regulate  commerce  with  foreign  nations  and 
among  the  several  states.  The  stupendous  effect  which 
this  brief  provision  through  willing  hands  has  exerted, 
might  well  be  the  subject  of  a  great  deal  of  remark  if 
the  occasion  afforded. 

"It  has  been  invoked  more  often  than  any  other  part 
of  the  constitution  as  a  ground  upon  which  to  have 
State  legislation  declared  invalid.  If  it  had  the  effect 
merely  to  prevent  State  legislation  from  operating  out- 
side of  the  limits  of  the  State,  no  objection  could  be 
made.  But  at  the  present  day  it  has  acquired  such  an 
increased  power  that  it  has  robbed  the  States  of  this 
power  of  control  even  over  matters  purely  domestic 
which  happen  to  have  become  tainted  though  ever  so 
slightly  with  an  interstate  odor.  In  the  famous  Original 
Package  decision  {Leisij  v.  Hardin,  135  U.  S.  100)  the 
federal  supreme  court  declared  that  the  State  of  Iowa 
had  no  power  to  exclude  intoxicating  liquors  from  its 
limits,  nor  any  power  to  prevent  its  sale  within  the 
State  if  the  sale  is  made  in  the  original  unopened  pack- 
age. The  baneful  effect  of  the  decision  was  immediately 
remedied  by  congress  by  means  of  what  is  known  as 
the  Wilson  bill;  but  the  remedy,  while  it  corrected  the 
evil  immediately  in  hand,  by  no  means  obliterated  the 
evil  effects  of  the  decision."  1  Wood  on  Railroads, 
p.  605. 

Uniform  State  tax — Term  import.  The  term  "im- 
port" as  used  in  that  clause  of  the  constitution  of  the 
United  States,  which  says  that  "No  State  shall  levy  any 
imposts  or  duties  on  imports  or  exports"  does  not  refer 
to  articles  imported  from  one  State  into  another,  but 
only  to  articles  imported  from  foreign  countries  into  the 
United  States.  Hence  a  uniform  tax  imposed  by  a 
State  on  all  sales  made  in  it,  whether  they  be  made  by  a 
citizen  of  it  or  a  citizen  of  some  other  State,  and 
whether  the  goods  sold  are  the  produce  of  the  State  en- 
acting the  law  or  of  some  other  State,  is  valid.  Wood- 
ruff V.  Parham,  8  Wall.  123;  Dooley  v.  United  States, 
183  U.  S.  151 ;  American  S.  W.  Go.  v.  Speed,  192  U.  S. 
500. 

Police  power.  A  State,  under  its  inherent  and  re- 
served police  power,  may  enact  any  law  promotive  of  the 
peace  and  good  order  of  society ;  for  the  preservation  of 
life  and  health  or  conducive  to  the  comfort,  convenience 
and  welfare  of  the  people.  It  is  not  a  valid  objection 
that  such  law  operates  on  the  subjects  and  means  of 
interstate  commerce  and  persons  engaged  therein,  unless, 
in  its  effect,  it  lays  some  burdens  or  restrictions  thereon 
which  otherwise  would  not  exist.  People  v.  C.  &  L.  Ry. 
Co.,  223  111.  590. 

Checking  speed  at  crossings.    A  State  statute  requir- 


112 


National  Association  of  Kailway  Commissioners 


ing  trains  used  in  interstate  commerce  to  whistle  and 
check  speed  at  public  crossings  may  or  may  not  be 
unconstitutional  and  void.  If  the  railroad  insists  that 
such  statute  is  unconstitutional,  it  must  set  up  facts  in 
its  plea  from  which  the  court  can  see  that  the  statute 
is  not  only  a  regulation,  but  also  a  direct  burden  on 
interstate  commerce.  Southern  Railway  Co.  v.  King 
(1910),  217  U.  S.  524;  30  Sup.  Ct.  Eep.'  594. 

Abolishing  grade  crossings.  A  statute  authorizing 
railroad  commissioners  to  abolish  grade  crossings  is 
within  the  police  power.  In  re  N.  Y.  Gent.  &  H.  R.  R. 
Co.,  appeal  Village  of  Ossining  (1910),  121  N.  Y.  Supp. 
524;  136  App.  S.  W.  (N.  Y.)  760. 

Hours  of  employes.  State  laws  regulating  the  hours 
of  employes  of  railroads  employed  in  interstate  com- 
merce cease  to  have  effect  when  congress  passes  a  law  on 
the  same  subject.  State  v.  Texas  &  N.  0.  R.  Co.  (1910), 
Tex.  Civ.  App.,  /124  S.  W.  Eep.  984.  Compare  People 
V.  Erie  R.  Co.  (1910),  198  N.  Y.  369,  91  N.  E.  Eep. 
849. 

Telephone  operators.  A  state  may  pass  a  valid  law 
limiting  the  hours  of  labor  of  telephone  operators  em- 
ployed by  interstate  railroads  in  the  spacing  of  inter- 
state trains,  congress  having  passed  no  law  limiting  the 
hours  of  labor  of  this  class  of  employees.  People  v.  Erie 
R.  Co.  (1910),  198  ]Sr.  Y.  369,  91  N.  E.  Eep.  849. 
Compare  State  v.  Texas  &  N.  0.  R.  Co.  (1910),  124  S. 
W.  Eep.  984. 

Telephone  company— Sunday  service.  A  telephone 
company  may  be  required  to  operate  its  line  on  Sunday. 
Twin  Valley  Telephone  Go.  v.  Mitchell  (1910),  Okl. 
113  Pac.  Eep.  914. 

Telephone  company — Day  and  night  service.  A  tele- 
phone company  in  a  town  of  300  people  whose  monthly 
gross  income  is  $113  cannot  reasonably  be  required  to 
operate  its  exchange  night  and  day  throughout  the 
week.  Twin  Valley  Telephone  Co.  v.  Mitchell  (1910), 
Okl.,  113  Pac.  Eep.  914. 

State  may  regulate  foreign  telegraph  company.  The 
Michigan  statute  that  makes  telegraph  companies  liable 
for  mistakes  in  the  transmission  or  delivery  of  messages 
sent  to  or  received  from  persons  in  other  states  is  con- 
stitutional. Western  Union  Telegraph  Go.  v.  Com- 
mercial Milling  Go.  (1910),  218  U.  S.  106,  31  Sup. 
Ct.  Eep.  59,  L.  Ed.  Affirming,  151  Mich.  425,  115  N. 
W.  Eep.  698. 

Prohibition  of  party  lines.  A  prohibition  of  party 
lines  in  a  telephone  ordinance  held  to  be  invalid  but 
not  to  invalidate  the  ordinance  as  a  whole  Home  Tele- 
phone Co.  V.  Carthage  (1911),  Mo.,  139  S.  W.  Rep.  547. 

Farmers'  telephone  lines.  Rural  telephones  operated 
by  farmers  on  the  mutual  plan  are  not  "telephones  for 
hire"  within  the  meaning  of  an  Oklahoma  statute  and 
are  not  subject  to  regulation  by  the  corporation  commis- 
sion. Twin  Valley  Telephone  Co.  v.  Mitchell  (1910), 
113  Pac.  Rep.  914. 

Mississippi  commission  statute  supersedes  anti-trust 
statute.  Mississippi  statutes  giving  the  railroad  com- 
mission power  to  supervise  rates,  prevent  discrimination, 
etc.,  held  to  supersede  the  anti-trust  law  so  far  that 
the  State  could  not  maintain  its  bill  in  equity  to  oust 
a  telephone  company  from  the  state  for  discrimination 
in  rates  and  attempting  to  freeze  out  its  competitors. 
Cumberland  Telephone  &  Telegraph  Co.  v.  State 
(1911),  Miss.,  54  So.  Rep.  446. 

Telephone  company — Liaile  for  discontinuing  service. 


A  telephone  company  is  liable  to  a  citizen  for  discon- 
tinuing its  telephone  service  in  his  home  "without  legal 
cause  wilfully,  deliberately  and  maliciously"  and  re- 
fusing to  reinstate  such  service.  Southern  Bell  Tele- 
phone Go.  V.  Beach  (1911),  Ga.  App.,  70  S.  C.  Eep.  137. 

Telephone  rates — Plants  in  other  cities.  The  fact 
that  the  telephone  company  has  plants  in  other  cities 
and  that  its  dividends  are  paid  out  of  all  the  plants 
which  it  operates  should  not  be  taken  into  considera- 
tion in  determining  what  is  a  fair  rate  in  a  given 
locality.  Cumberland  Telephone  &  Telegraph  Co.  v. 
Louisville  (1911),  187  Fed.  Eep.  637,  059.  m 

Telephone  rates — Cost  of  defending  against  attacW^ 
In  estimating  what  is  a  proper  dividend  to  be  paid  by 
a  public  service  corporation,  the  cost  of  defending  itself 
against  attacks  and  unfriendly  and  ill  considered  legis- 
lation should  be  taken  into  account.  Cumberland  Tele- 
phone &  Telegraph  Go.  v.  Louisville  (1911),  187  Fed. 
Rep.  637,  658. 

Telephone  companies  —  Depreciation  —  Dividends. 
Seven  per  cent  per  year  held  a  proper  allowance  for  de- 
preciation of  the  plant  of  a  telephone  company  exclusive 
of  its  real  estate,  working  capital  and  supplies  on  hand, 
and  seven  per  cent  of  the  present  value  of  the  property 
in  actual  use  in  its  service  to  the  public  a  proper 
annual  dividend.  Cumberland  Telephone  &  Telegraph 
Co.  V.  Louisville  (1911),  187  Fed.  Eep.  6a7. 

Combination  between  telephone  companies.  Com- 
bination between  two  telephone  companies  occupying 
different  fields  to  transmit  and  deliver  each  other's  busi- 
ness held  not  in  violation  of  the  Missouri  statute.  Home 
Telephone  Co.  v.  Sarcoxie  Light  &  Telephone  Co. 
(1911),  —  Mo.  — ,  139  S.  W.  Rep.  108. 

What  a  telephone  company  should  earn.  A  telephone 
company  having  $100,000  invested  in  its  plant  held 
entitled  to  set  aside  5  per  cent  thereof  each  year  as  a 
depreciation  fund  and  to  charge  rates  that  will  pay  six 
per  cent  in  addition  thereto.  Home  Telephone  Co.  v. 
Carthage  (1911),  —  Mo.  — ,  139  S.  W.  Rep.  547. 

Telephone  ordinance  based  on  insufficient  investiga- 
tion. An  ordinance  fixing  maximum  telephone  rates 
held  invalid  because  based  on  insufficient  investigation 
by  the  city  authorities  and  because  confiscatory  in  its 
probable  effects.  The  court  said  that  the  city  must 
inquire  into:  (1)  the  cost  of  the  plant;  (2)  the  cost 
of  operation  and  maintenance;  (3)  the  amount  of  taxes 
and  other  dues  exacted  by  the  local  government,  and 
(4)  the  rapidity  of  deterioration  due  to  climate  or  other 
causes.  It  was  not  enough  to  inquire  into  telephone 
charges  in  other  cities.  Cumberland  Telephone  &  Tele- 
graph Co.  V.  Memphis  (1908),  183  Fed.  Rep.  875.  Ap- 
peal dismissed.  Memphis  v.  Cumberland  Telephone  & 
Telegraph  Co.  (1910),  218  U.  S.  624,  31  Sup.  Ct.  Rep. 
115,  —  L.  Ed.  — . 

Train  dispatcher.  Although  the  act  of  congress  of 
March  4,  1907,  prohibits  railroads  from  keeping  a  train 
dispatcher  on  duty  longer  than  nine  hours  in  any 
twentj-four  hours,  a  State  law  of  New  York  that  cuts 
the  limit  down  to  eight  hours  is  constitutional  and 
valid;  it  covers  a  ground  not  covered  by  the  act  of 
congress.  People  v.  Erie  R.  Co.  (1910),  198  N.  Y.  369, 
91  N.  E.  Rep.  849. 

Contracts  as  to  carriers'  negligence.  A  State  statute 
held  valid  that  forbids  interstate  carriers  to  contract 
against  liability  for  their  own  negligence.  Kessenger  v. 
Fitzgerald  (1910),  —  N.  C.  — ,  67  S.  C.  Rep.  588 


I 


Digest  of  Decisions 


113 


Blocking  switches.  It  is  within  the  power  of  a  State 
to  require  an  interstate  railroad  to  block  its  switches  so 
long  as  congress  has  passed  no  act  in  reference  to  the 
blocking  of  switches.  St.  Louis,  I.  M.  &  8.  Ry.  Co.  v. 
McNamare  (1909),  91  Ark.  515,  122  S.  W.  Eep.  102, 
106. 

Carrier  liable  for  delay  in  transit.  Carrier  held  liable 
for  halting  a  freight  train  carrying  bananafr  from  Sat- 
urday until  Monday  so  that  the  bananas  were  lost. 
TraJcas  v.  Charleston  &  W.  C.  Ry.  Co.  (1910),  —  S.  G. 
— ,  69  S.  E.  Kep.  209. 

Penalties  for  delay.  An  Arkansas  statute  requiring 
railroads  to  forfeit  $5  per  car  per  day  for  delay  in 
giving  the  consignee  notice  of  the  arrival  of  his  goods 
held  valid  and  applicable  to  shipments  fi-om  other 
States  so  long  as  the  Interstate  Commerce  Commission 
has  made  no  order  covering  the  same  ground.  St.  Louis, 
I.  M.  &  S.  Uy.Co.  V.  Edwards  (1910),  —  Ark.  — ,  127 
S.  W.  Eep.  713. 

Government  regulation  of  railroad.  The  operation  of 
trains  is  in  the  first  instance  regulated  by  the  carrier 
and  is  subject  to  the  carrier's  discretion,  but  such  dis- 
cretion is  subject  to  lawful  governmental  regulation 
State  V.  Atlantic  Coast  Line  E.  Co.  (1911),  —  Fla. 
— ,  54  So.  Rep;  394.  Citing  State  v.  Florida  East  Coast 
Ry.  Co.   (1909),  57  Fla.  522,  49  So.  Eep.  43. 

Congress  may  prohibit  interstate  traffic.  Under  its 
power  to  "regulate  commerce"  congress  has  the  power 
to  prohibit  certain  kinds  of  commerce  between  the 
States,  such,  for  instance,  act  he  transportation  of  women 
from  one  State  to  another  for  purposes  of  prostitution. 
United  States  v.  Uoxe  (1911),  187  Fed.  Eep.  922. 
Citing  the  Rahrer  case,  140  U.  S.  545,  11  Sup.  Ct. 
Rep.  865,  35  L.  Ed.  572;  Lottery  Case,  188  U.  S.  321, 
23  Sup.  Ct.  Eep.  321,  47  L.  Ed.  492 ;  Addystone  Pipe 
&  Steel  Co.  V.  United  States,  175  U.  S.  211,  20  Sup. 
Ct.  Eep.  96,  44  L.  Ed.  136 ;  Reid  v.  Colorado,  187  U. 
S.  137,  23  Sup.  Ct.  Eep.  92,  47  L.  Ed.  108.  The 
opinion  also  refers  to  numerous  acts  of  congress  pro- 
hibiting the  transportation  from  State  to  State  of  stock 
affected  with  certain  diseases,  of  dairy  products  that 
have  been  falsely  branded,  of  gold  and  silver  goods  with 
the  words,  'TJnited  States  assay"  on  them,  and  of  cer- 
tain insects  that  destroy  cotton. 

Congress  may  prohibit  white  slave  traffic.  Act  of 
congress  of  June  25,  1910,  making  it  a  crime  to  trans- 
port women  for  immoral  purposes  from  one  State  to 
another  held  constitutional  as  a  regulation  of  interstate 
commerce.  United  States  v.  Warner  (1911),  188  Fed. 
Rep.  682.  Following  United  States  v.  Westman,  182 
Fed.,  Eep.  1017. 

Authority  to  create  commission.  It  is  no  longer 
qliestioned  that  a  legislature  may  clothe  a  railroad  com- 
mission with  its  power  to  require  common  carriers  to 
perform  their  duty  to  the  public.  St.  Louis  I.  M.  &  S. 
Ry.  Co.  V.  State  (1911),  —  Ark.  — ,  136  S.  W.  Eep. 
938,  943,  and  cases  there  cited. 

Federal  court  may  review  railway  commission  orders. 
A  federal  court  can  review  an  order  of  a  State  railroad 
commission  when  it  is  alleged  by  the  carrier  to  be  con- 
fiscatory. Louisville  &  N.  R.  Co.  v.  Siler  (1911),  186 
Fed.  Eep.  176. 

Railroad  has  no  right  to  trial  by  jury.  A  railroad  has 
no  right  to  a  trial  by  jury  in  an  indictment  for  violat- 
ing an  order  of  a  railroad  commission  unless  the  statute 
provides  for  trial  by  jury.     The  right  to  trial  by  jury 


guaranteed  by  the  constitution  applies  only  to  cases  at 
common  law  in  which  the  issues  of  fact  were  triable  by 
jury.  St.  Louis,  1.  M.  &  S.  Ry.  Co.  v.  State  (1911), 
—  Ark.  — ,  136  S.  W.  Eep.  938,  944. 

Commission  an  administrative  body.  The  Railroad 
Commission  of  Georgia  is  an  administrative  and  not  a 
legislative  body.  The  general  assembly  of  Georgia  can- 
not delegate  its  legislative  powers  under  the  constitution 
of  that  State.  Zuber  v.  Southern  Ry.  Co.  (1911),  — 
Ga.  App.  — ,  71  S.  E.  Eep.  937. 

Commission  cannot  impose  penalties.  The  Railroad 
Commission  of  Georgia  has  no  power  to  impose  penalties 
for  the  violation  of  its  rules  in  the  sense  of  criminal 
punishment  for  wrongs.  But  it  can  fix  a  liquidated 
sum  in  the  nature  of  civil  punitive  damages  which  the 
shipper  may  recover  from  the  carrier  for  such  violation 
if  he  elects  to  collect  such  damages  in  lieu  of  the 
damages  which  he  would  be  entitled  to  recover  in  the 
absence  of  the  statute.  Zuber  v.  Southern  Ry.  Co. 
(1911),  —  Ga.  App.  — ,  71  S.  E.  Eep.  937. 

Rule  as  to  preliminary  injunction.  Where  a  railroad 
files  its  bill  to  enjoin  the  enforcement  of  orders  fixing 
rates  and  the  commission's  answer  explicitly  and  fully 
denies  the  allegations  of  the  bill,  a  preliminary  injunc- 
tion will  not  be  granted.  Woodside  v.  Tonopah  &  0. 
R.  Co.  (1911),  184  Fed.  Rep.  358,  360. 

Preliminary  injunction — Railway  intersection  case. 
Held  that  it  is  inequitable  by  preliminary  injunction  to 
restrain  an  existing  railroad  company  from  using  its 
track  at  a  given  point,  in  order  that  another  company 
may  construct  a  crossing  there,  the  object  of  a  pre- 
liminary injunction  being  to  preserve  the  status  quo 
rather  than  to  disturb  it.  Atlantic  Coast  Line  R.  Co.  v. 
Seaboard  Air  Line  Ry.  (1911),  —  S.  C.  — ,  71  S.  B. 
Eep.  34. 

Railroad  commission — Power  to  revoke  consent. 
Whether  a  railroad  commission  having  consented  to  the 
construction  of  a  crossing,  by  one  road  over  the  track 
of  another  up«i  certain  conditions,  can  revoke  its  con- 
sent or  impose  further  conditions,  query.  Atlantic  Coast 
Line  R.  Co.  v.  Seaboard  Air  Line  Ry.  (1911),  —  S.  C. 
— ,  71  S.  E.  Rep.  34,  38. 

Commission  cannot  plead  statute  of  limitations.  A 
railroad  commission,  being  a  branch  of  the  government, 
cannot  plead  the  statute  of  limitations.  Galveston 
Chamber  of  Commerce  v.  Railroad  Commission  of  Texas 
(1911),  —  Tex.  Civ.  App.  — ,  137  S.  W.  Rep.  737,  747. 

Contempt — Burden  on  the  railroad  of  proving  excuse. 
In  a  protecution  of  a  railroad  for  contempt  in  failing  to 
obey  an  order  of  the  Oklahoma  Corporation  Commis- 
sion, the  burden  is  on  the  railroad  to  prove  that  such 
disobedience  resulted  .from  mistake  on  the  part  of  a 
clerk.  Si.  Louis  &  S.  F.  Ry.  Co.  v.  State  (1910),  26 
Okl.  764,  110  Pac.  Rep.  759.  Citing  Shaffner  v.  Shaff- 
ner.  212    111.  492,  72  N.  E.  Rep.  447. 

Parties  to  appeal  from  commission  order.  Where  the 
Oklahoma  Corporation  Commission  finds  only  one  of 
several  railroads  which  have  been  brought  before  it, 
guilty  of  contempt,  those  not  found  guilty  are  not 
necessary  parties  to  an  appeal.  St.  Louis  &  S.  F.  Ry. 
Co.  v.  Coyle  (1911),  —  Okl.  — ,  115  Pac.  Rep.  769. 

Only  one  injuriously  affected  may  appeal.  No  appeal 
can  be  maintained  from  an  order  of  a  corporation  com- 
mission unless  the  party  appealing  appears  to  have  been 
injuriously  affected  by  such  order.  The  mere  appre- 
hension that  he  may  be  so  afPected  is  not  enough.     No 


114 


National  Association  of  Eailway  Commissioners 


appeal  lies  from  an  order  that  merely  asserts  a  prin- 
ciple or  a  proposed  policy.  Gulf  Coast  &  S.  F.  Ry.  Co.  v. 
State  (1910),  86  Okl.  761,  110  Pac.  Rep.  651. 

Record  sent  back  to  commission.  Where  the  evidence 
is  missing  to  sustain  an  order  of  a  corporation  com- 
mission the  record  may  be  sent  back  to  the  commission 
in  order  that  the  missing  evidence  may  be  supplied. 
TvJsa  St.  Ry.  Co.  v.  State  (1910),  26  Okl.  559, 110  Pac. 
Eep.  373. 

Suit  to  vacate  order  held  barred  by  three  months' 
limitation.  A  railroad  company  having  begun  the  erec- 
tion of  a  station  on  block  6  of  Franklinton,  La.,  was 
ordered  by  the  Eailroad  Commission  of  Louisiana  to 
build  it  upon  block  13.  The  railroad  brought  suit  to 
annul  the  order.  Held  that  its  suit  was  barred  by  the 
three  months'  limitation  provided  by  the  statute.  New 
Orleans  &  Great  Northern  R.  Co.  v.  Railroad  Commis- 
sion of  La.  (1910),  126  La.  1067,  53  So.  Eep.  322. 

Railroad  commission  appealing  assumes  burden  of 
proof.  When  a  railroad  commission  appeals  from  a 
decree  annulling  an  order  made  by  it,  the  burden  is  on 
the  commission  to  show  that  its  order  was  reasonable 
and  that  the  court  erred  in  annulling  it.  State  v.  Rail- 
road Commission  of  Washington  (1910),  —  Wash.  — , 
110  Pac.  Eep.  1075. 

Questions  of  fact  not  appealable.  In  New  York 
an  Appellate  Court  cannot  determine  controverted  ques- 
tions of  fact.  Hirsch  v.  New  England  Navigation  Co. 
(1910),  200  N.  Y.  263,  93  N.  E.  Eep.  524. 

Order  referring  back  a  cause  is  not  appealable.  An 
order  of  a  court  referring  back  a  record  to  the  Public 
Service  Commission  for  further  consideration  is  not  a 
final  order  and  is  not  appealable.  People  v.  Public 
Service  Commission  (1910),  199  N.  Y.  254,  92  N.  E. 
Eep.  629. 

Appeals  in  Vermont.  In  Vermont  appeals  must  be 
taken  from  orders  of  the  Public  Service'  Commission  by 
means  of  a  motion  filed  with  the  commission.  Hyde 
Park  V.  St.  Johnsbury  (1910),  83  Vt.  562,  77  Atl. 
Eep.  913. 

Notice  before  discontinuing  trains.  A  railroad  may 
be  compelled  by  mandamue  to  comply  with  a  rule  re- 
quiring it  to  give  previous  notice  to  the  railroad  com- 
mission before  taking  ofE  any  of  its  regular  trains. 
Such  a  rule  is  reasonable,  does  not  deprive  the  railroad 
of  property  rights,  and  is  merely  a  regulation  in  aid  of 
lawful  and  efiicient  supervision.  State  v.  Atlantic  Coast 
Line  R.  Co.  (1911),  —  Fla.  — ,  54  So.  Eep.  394. 

Alternative  writ  of  mandamus.  Form  of  alternative 
writ  of  mandamus  for  violation  of  a  rule  of  the  Florida 
Eailroad  Commission.  State  v.  Atlantic  Coast  Line  R. 
Co.  (1911),  —  Fla.  — ,  54  So.  Eep.  394,  395. 

Interlocking  plant — Apportionment  of  cost.  Query 
whether  a  railroad  commission  may  apportion  the  cost 
of  an  interlocking  plant  between  the  railroads  that  are 
required  to  install  it  otherwise  than  the  railroads  have 
themselves  agreed  to  apportion  such  cost.  .  Grand  Trunk 
Western  Ry.  Co.  v.  Railroad  Commission  of  Indiana 
(1910),  —  U.  S.  — ,  31  Sup.  Ct.  Eep.  537,  —  L.  Ed. 
— .  Afiirming  40  Ind.  App.  168,  81  N.  E.  Eep.  524, 
which  holds  that  the  commission  cannot  ignore  such 
agreement. 

One  train  per  day  held  enough.  One  train  per  day 
for  the  shipment  of  live  stock  held  sufiicient,  under  the 
circumstances,  to  constitute  a  compliance  with  the  law 


w 


by  a  railroad.     Warner  v.  St.  Louis  &  S.  F.  R.  Co. 
(1911),-—  Mo.  App.  — ,  137  S.  W.  Eep.  275. 

Order  requiring  trains  to  make  stops.  Evidence  held 
sufficient  to  justify  the  Oklahoma  Corporation  Commis- 
sion in  ordering  stops  upon  flag  signal  at  a  certain 
point.  Missouri,  K.  &  T.  Ry.  Co.  v.  State.  (1911). 
—  Okl.  — ,  115  Pac.  Eep.  770. 

Location  of  railroad  stations.  A  hotel  keeper  cannot 
maintain  his  bill  in  equity  to  restrain  a  railroad  from 
relocating  its  station  in  accordance  with  an  order  of  the 
railroad  commission,  on  the  ground  that  the  new  loca- 
tion is  not  as  convenient  as  the  old  one  and  that  the 
change  will  injure  his  business.  Horton  v.  Southern  Ry. 
Co.  (1911),  —  Ala.  — ,  55  So.  Eep.  531.  Citing  Ja'c- 
qualin  v.  Erie  Ry.  Co.  (1905),  69  N.  J.  Eq.  433,  61 
Atl.  Eep.  18.  ~ 

Courts  cannot  locate  stations.  The  courts  have 
power  to  locate  the  stations  of  a  railroad,  or  to  require 
a  given  location  to  be  maintained  as  being  most  con- 
ducive to  the  best  interests  of  the  public.  Horton  v. 
Southern  Ry.  Co.  (1911),  —  Ala.  — ,  55  So.  Eep.  531 : 
Jacquelin  v.  Erie  Ry.  Co.  (1905),  69  N.  J.  Eq.  432,  61 
Atl.  Eep.  18. 

The  right  of  private  contract — Limited  by  congress. 
Congress  has  tlie  power  to  limit  the  right  of  private  con- 
tract on  the  part  of  a  common  carrier.  St.  Louis,  I.  M. 
&  S.  Ry.  Co.  V.  Conley  (1911),  187  Fed.  Eep.  949. 
Citing  Railway  Co.  v.  McGuire,  219  U.  S.  549,  31  Sup. 
Ct.  Eep.  259,  55  L.  Ed.  — ,  and  Frisbie  v.  United 
States,  157  U.  S.  165,  15  Sup.  Ct.  Eep.  588,  39  L. 
Ed.  657. 

Delegation  of  power — Quarantine  districts.  Congress 
is  without  power  to  delegate  to  the  Secretary  of  Agri- 
culture the  power  to  specify  what  acts  on  the  part  of  a 
common  carrier  shall  amount  to  a  misdemeanor.  It 
follows  that  a  carrier  cannot  be  fined  for  failing  to  ob- 
serve a  rule  established  by  the  Secretary  of  Agriculture 
requiring  uninspected  cattle  to  be  placarded  in  a  speci- 
fied manner  while  in  course  of  transportation  in  inter- 
state commerce.  St.  Louis  Merchants'  Bridge  Terminal 
Ry.  Co.  V.  United  States  (1911),  188  Fed.  Kep.  191. 

Constitutional  law — Corporation — Franchises — Con- 
tract. A  railroad  company  takes  its  charter,  holds  it? 
property  and  franchises  and  operates  its  railroad  sub- 
ject to  the  conditions  and  limitations  imposed  by  the 
State  in  its  constitution  and  general  laws,  so  that  its 
charter  is  not  such  a  contract  that  will  excuse  it  from 
the  performance  of  duties  and  regulations  imposed  by 
the  constitution  (Sec.  213)  regulating  the  use  of  ter- 
minal facilities  and  the  transportation  and  delivery  of 
freight  (thereafter  adopted).  Louisville,  etc.,  R.  Co.  v. 
Central  S.  Y.  Co.,  30  Ky.  Law  Eep.  18,  97  S.  W.  779. 

State  may  tax  local  property  of  company  doing  inter- 
state business.  No  State  has  the  right  to  lay  a  tax  on 
interstate  commerce  in  any  form  whether  by  way  of  du- 
ties laid  on  the  transportation  of  the  subject  of  that 
commerce,  or  on  the  receipts  derived  from  that  trans- 
portation, or  on  the  occupation  or  business  of  carrying 
it  on,  and  the  reason  is  that  such  taxation  is  a  burden 
on  that  commerce,  and  amounts  to  a  regulation  of  it, 
which  belongs  solely  to  congress.  .  .  .  This  ex- 
emption of  interstate  and  foreign  commerce  from  State 
regulation  does  not  prevent  the  State  from  taxing  the 
property  of  those  engaged  in  such  commerce  located 
within  the  State  as  the  property  of  other  citizens  is 
taxed,  nor  from  regulating  matters  of  local  concern 
which  may  incidentally  affect  commerce,  such  as  wharf- 


Digest  of  Decisions 


115 


age,  pilotage  and  the  like.     Leloup  v.  Port  of  Mobile, 
187  U.  S.  640. 

Same.  A  single  tax  assessed  under  the  law  of  a 
State  upon  the  receipts  of  a  telegraph  company,  which 
were  partly  derived  from  interstate  commerce  and  partly 
from  commerce  within  the  State,  and  which  were 
capable  of  separation,  but  were  returned  and  assesed  in 
gross  and  without  separation  or  apportionment,  ia  in- 
valid in  proportion  to  the  extent  that  such  receipts  were 
derived  from  interstate  commerce,  but  is  otherwise  valid. 
Ratterman  v.  Western  Union  Tel.  Co.,  127  U.  S.  411. 
See  also  Lelonp  v.  Port  of  Mobile,  127  U.  S.  640 ;  West- 
ern Union  Tel.  Co.  v.  Alabama,  132 .U.  S.  472. 

State  may  require  engineers  on  interstate  trains  to 
obtain  license.  A  State  statute  requiring  locomotive 
engineers  on  railroad  trains  to  submit  to  an  examination 
and  obtain  licenses  from  the  State  before  being  per-' 
mitted  to  ran  trains  within  the  State  is  not  a  regula- 
tion of  commerce,  even  when  applied  to  engineers  on 
through  trains  coming  into  the  State  from  another 
State,  or  going  from  it  to  another  State.  Smith  v. 
Alabama,  124  U.  S.  465. 

State  may  regulate  building,  poles,  wire,  etc.,  of  tele- 
graph companies.  The  reserved  police  power  of  a  State 
under  the  constitution,  although  difficult  to  define,  does 
not  extend  to  the  regulation  of  the  delivery  at  points 
without  the  State  of  telegraphic  messages  received 
within  the  State;  but  the  State  may,  within  the  reser- 
vation that  it  does  not  encroach  upon  the  free  exercise 
of  the  powers  vested  in  congress,  make  all  necessary  pro- 
vision in  respect  to  the  buildings,  poles  and  wires  of 
the  telegraph  companies  within  its  Jurisdiction,  which 
the  comfort  and  convenience  of  the  community  may  re- 
quire. Western  Union  Telegraph  Co.  v.  Pendleton,  122 
U.  S.  347. 

Cattle  guards—  Fewes.  States  may  compel  the  erec- 
tion and  maintenance  of  fences  and  cattle  guards  within 
their  bounds  by  railroads  engaged  in  interstate  com-x 
merce.  Minneapolis  &  St.  L.  By.  Co.  v.  Emmons, 
149  U.  S.  364. 

State  control — Reasonableness  of  contract.  Reason- 
ableness of  contracts  of  carriers,  whether  such  contracts 
be  made  directly  with  the  patrons  of  the  road  or  for  a 
general  arrangement  between  railroads  in  the  transpor- 
tation of  persons  or  property,  is  properly  subject  to 
State  control.  Minneapolis  &  St.  L.  v.  Minn.,  186  U.  S. 
257. 

Texas  Johnson  grass  statute — Equal  protection — Dis- 
crimination against  railroad  companies.  The  imposition 
upon  railroad  companies  alone  by  Texas  statute  1901, 
Chap.  117,  of  the  penalty  therein  given  to  contiguous 
land  owners  for  allowing  Johnson  gi-ass  or  Eussian 
thistles  to  mature  and  go  to  seed,  does  not  deny  such 
railroad  company  the  equal  protection  of  the  laws. 
Mo.,  Kan.  &  Texas  R.  Co.  of  Texas  v.  May,  194  U.  S. 
267. 

White  or  colored  passengers.  States  may  provide  the 
separation  of  white  and  colored  races  on  trains.  L.  N. 
0.  &  Texas  Ry.  Co.  v.  Miss.,  133  U.  S.  587. 

Sunday  trains.  States  may  prohibit  the  running  of 
freight  trains  on  Sunday,  though  carrying  interstate 
commerce.    Hennington  v.  Ga.,  l63  U.  S.  299. 

Police  power — Contagious  diseases.     States  may  ex- 
clude animals  having  contagious  diseases  from  trans- 
portation through  their  territory.    Reid  v.  Colorado,  187 
U.  S.  137. 
Parallel  railroads.     States  may  prohibit  the  consol- 


idation of  competing  or  parallel  lines  of  railroads  ex- 
tending into  other  states.  Louisville  &  N.  Ry.  Co.  v. 
Ky.,  161  U.  S.  677.   . 

Facilities  for  transfer  of  freight.  States  may  require 
facilities  for  the  transfer  of  interstate  freight  by  direct 
connection  at  the  intersection  of  the  railroad.  Atchison, 
etc.,  R.  Ry.  v.  Denver,  etc.,  R.  Ry.,  110  U.  S.  667;  Wis- 
consin R.  Co.  V.  Jacobson,  179  U.  S.  287. 

State  regulations — Rate  classification.  A  statute  of  a 
State,  classifying  its  railroad  corporations  by  the  length 
of  their  lines,  and  fixing  a  different  maximum  rate  for 
passenger  fares  in  each  class,  does  not  deny  to  any  cor- 
poration the  equal  protection  of  the  laws,  within  the  four- 
teenth amendment  to  the  constitution  of  the  United 
States.    Dow  v.  P>eidelman,  125  U.  S.  681. 

Constitutional  law — State  legislation — Powers.  The 
legislature  of  a  State  does  not  look  to  the  State  con- 
stitution for  power  to  act  on  a  particular  subject,  but 
only  to  detei-mine  whether  the  sovereign  legislative  will 
has  been  in  any  manner  restricted  or  limited  by  that 
instrument.     Piatt  v.  Le  Cocq  et  al.,  150  Fed.  391. 

Commerce — Regulation — Right  of  State.  The  right 
of  a  State  to  regulate  the  business  of  common  carriers 
within  its  boundaries,  so  far  as  that  business  affects 
the  public  is  founded  on  the  State's  right  to  protect  its 
commerce.    Piatt  v.  Le  Cocq  et  al,  15j  Fed.  391. 

State  regulation  of  interstate  facilities  limited.  While 
a  State  in  the  exercise  of  its  police  power  may  confer 
power  on  an  administrative  agency  to  make  reasonable 
regulations  as  to  the  place,  time  and  manner  of  delivery 
of  merchandise  moving  in  channels  of  interstate  com- 
merce any  regulation  which  directly  burdens  interstate 
commerce  is  a  regulation  thereof  and  repugnant  to  the 
federal  constitution.  An  order  of  the  North  Carolina 
Corporation  Commission  requiring  a  railway  company  to 
deliver  cars  from  another  State  to  the  consignee  on  a 
private  siding  beyond  its  own  right  of  way  is  a  burden 
on  interstate  commerce  and  is  void.  McNeil  v.  Southern 
Ry.  Co.,  202  U.  S.  543,  citing  H.  &  T.  C.  Ry.  Co.  v. 
Mayes,  201  U.  S.  321 ;  Am.  S.  W.  Co.  v.  Speed,  192  U. 
S.  500. 

State  regulation — Inspection  laws — State  tax.  The 
law  of  March  19,  1901,  of  the  territory  of  New  Mexico 
making  it  an  offense  for  any  railroad  company  to  re- 
ceive, for  shipment  beyond  the  limit  of  the  Territory, 
hides  which  had  not  been  inspected  as  required  by  the 
law,  is  unconstitutional  as  an  unwarranted  regulation 
of  or  burden  on,  interstate  commerce.  McLean  v.  Den- 
ver &  Rio  Grande  R.  R.  Co.,  203  U.  S.  38. 

A  State  or  Territory  has  a  right  to  legislate  for  the 
safety  and  welfare  of  its  people,  and  this  right  is 
not  taken  from  it  because  of  the  exclusive  right  of  con- 
gress to  regulate  interstate  commerce,  except  in  cases 
where  the  attempted  exercise  of  authority  by  the  legis- 
lature is  in  conflict  with  an  act  of  congress,  or  is  an  at- 
tempt to  regulate  interstate  commerce.  In  Patapsco 
Guano  Co.  v.  North  Carolina,  171  U.  S.  345,  it  was  di- 
rectly recognized  that  the  State  might  pass  inspection 
laws  for  the  protection  of  its  people  against  fraudulent 
practice  and  for  the  suppression  of  frauds,  although  such 
legislation  had  an  effect  upon  interstate  commerce. 
McLean  v.  Denver  &  Rio  Grande  R.  R.  Co.,  203  U.  S. 
38,  49. 

Separate  passenger  service.  A  statute  that  authorizes 
the  Eailroad  Commission  of  Kansas  to  require  an  inter- 
state road  to  install  a  separate  passenger  service  on  its 
lines  in  Kansas  is  not  unconstitutional.    Missouri  Pac. 


116 


N^ATioNAL  Association  of  Eailwat  Commissioners 


Ry.  V.  Kansas  (1910),  216  U.  S.  262,  30  Sup.  Ct.  Eep. 
330,  affirming  State  v.  Misouri  Pac.  Ry.  Co.  (1907), 
76  Kan.  467,  92  Pac.  Eep.  606. 

The  statute  in  question  was  Sec.  5970,  Gen.  Stat. 
Kansas,  1901,  as  follows : 

"Whenever  in  the  judgment  of  the  railroad  commis- 
sioners it  shall  appear  that  any  railroad  corporation  or 
other  transportation  company  fails  in  any  respect  or 
particular  to  comply  with  the  terms  of  its  charter  or 
the  laws  of  the  State,  or  whenever  in  their  judgment 
any  repairs  are  necessary  upon  its  road,  or  any  addition 
to  its  rolling  stock,  or  any  addition  to  or  change  of  its 
stations  or  station  houses,  or  any  change  in  its  rates  for 
transporting  freight,  or  any  change  in  the  mode  of  oper- 
ating its  road  and  conducting  its  business,  is  reasonable 
and  expedient  in  order  to  promote  the  security,  con- 
venience and  accommodation  of  the  public,  said  com- 
missioners shall  inform  such  corporation  of  the  im- 
provement and  changes  which  they  adjudge  to  be  proper, 
by  a  notice  thereof  in  writing,  to  be  served  by  leaving 
a  copy  thereof,  certified  by  the  commissioner's  secre- 
tary, with  any  station  agent,  clerk,  treasurer  or  any 
director  of  said  corporation;  and  if  such  orders  are 
not  complied  with,  the  said  commissioners,  upon  com- 
plaint, shall  proceed  to  enforce  the  same  in  accordance 
with  the  provisions  of  this  act  as  in  other  cases." 

It  was  held  that  the  Kansas  courts  properly  granted 
a  writ  of  mandamus  to  compel  the  railway  to  operate  an 
exclusively  passenger  service  between  Madison,  Kansas, 
and  the  Missouri  State  line.  The  railway  had  thereto- 
fore been  affording  passenger  service  only  by  attaching 
passenger  coaches  to  its  freight  trains.  There  were  no 
terminal  facilities  at  the  State  line  and  it  was  therefore 
necessary  for  the  railway  to  extend  the  passenger  ser- 
vice twenty  miles  further  to  Butler,  Missouri. 

Interstate  carrier  ousted.  A  corporation  engaged  in 
interstate  commerce  may  be  ousted  from  a  state  for  vio- 
lation of  the  laws  thereof.  Standard  Oil  Co.  of  Ky.  v. 
Tennessee  (1910),  217  U.  S.  413,  30  Sup.  Ct.  Eep.  543. 

State  power — Inspection  laws — Protection,  welfare 
and  safety  of  the  people — Imported  and  exported  arti- 
cles. Inspection  laws  are  not  in  themselves  regulations 
of  commerce,  and  while  their  object  frequently  is  to 
improve  the  quality  of  articles  produced  by  the  labor 
of  a  country  and  fit  them  for  exportation,  yet  they  are 
quite  as  often  aimed  at  fitting  them,  or  determining 
their  fitness,  for  domestic  use,  and  in  so  doing  protect 
the  citizens  from  fraud.  Necessarily  in  the  latter  as- 
pect, such  laws  are  applicable  to  articles  imported  into, 
as  well  as  articles  produced  within,  a  State.  Clause 
two  of  section  ten  expressly  allows  the  State  to  collect 
from  imports  the  amounts  necessary  for  executing  its 
inspection  laws.     Brown  v.  Maryland,  12  Wheat.  119. 

The  scope  of  inspection  laws  is  very  large,  and  is  not 
confined  to  articles  of  domestic  product  or  manufacture, 
or  to  articles  intended  for  exportation,  but  applies  to 
articles  imported,  and  to  those  for  domestic  use  as  well. 
Whenever  inspection  laws  act  on  the  subject  before  it 
becomes  an  article  of  commerce  they  are  confessedly 
valid,  and  also  when,  although  operating  on  article? 
brought  from  one  State  into  another,  they  provide  for 
inspection  inr  the  exercise  of  that  power  of  self-protec- 
tion commonly  called  the  police  power.  No  doubt  can 
be  entertained  of  this  when  the  inspection  is  intended, 
and  calculated  in  good  faith,  to  protect  the  public 
health,  the  public  morals,  or  the  public  safety.  Minne- 
sota V.  Barber,  136  TJ.  S.  313.     And  it  has  now  been 


determined  that  this  is  so,  if  the  subject  of  the  inspec- 
tion is  the  prevention  of  imposition  on  the  public 
generally.  Patapsco  Guano  Co.  v.  J^o.  Carolina,  171  U. 
S.  345,  357,  citing  Plumhy  v.  Massachusetts,  155  TJ.  S. 
461 ;  Schellcnherger  v.  Pennsylvania,  171  U.  S.  1. 

Interstate  commerce.  Under  a  Nebraska  statute  the 
sale  of  "Uneeda  Biscuit"  shipped  in  from  Chicago 
without  the  correct  weight  stamped  on  the  package 
subjects  the  seller  to  penalties.  The  article  ceases  to  be 
the  subject  of  interstate  commerce  when  the  box  contain- 
ing the  packages  is'  opened  by  the  recipient.  Ex  parte 
Agnew  (1911),  —  Neb.  — ,  131  N.  W.  Eep.  817;  Ex 
parte  King  (1911),  —  Neb.  — ,  131  N.  W.  Eep.  820; 
Ex  parte  Page  (19ll),  —  Neb.  — ,  131  N.  W.  Eep.  820. 

Interstate  freight  subject  to  ga/rnishment.  An  in- 
debtedness due  from  a  State  railroad  to  a  foreign  rail- 
road for  the  carriage  of  goods  in  interstate  commerce 
is  subject  to  garnishment  in  the  State  court.  Starl-ey  v. 
Cleveland,  C.  C.  d-  I.  Ry.  Co.  (1911),  —  Minn.  — . 
130  N.  W.  Eep.  540.  X 

Interstate  commerce — Lumber  shipped  to  mill.  LuOT? 
ber  shipped  to  a  mill  within  the  same  State  with  the 
intention  that  it  shall  be  there  sawed  and  then  shipped 
into  another  State  remains  in  State  commerce  and  sub- 
ject to  the  control  of  the  State  Eailroad  Commission 
until  it  is  delivered  to  the  carrier  by  the  mill  for  ship- 
ment into  the  other  State.  Chapman  &  Dewey  Land  Co. 
V.  Jonesboro,  L.  E.  &  E.  R.  Co.  (1911),  —  Ark.  — , 
133  S.  W.  Eep.  1119. 

Stock  yards  company  is  a  common  carrier.  A  stock 
yards  company  held  a  common  carrier  and  subject  to 
the  provisions  of  the  38-hour  law.  United  States  v. 
St.  Joseph  Stoch  Yards  Co.  (1909),  181  Fed.  Eep.  625. 

Interstate  commerce  act  applies  to  shippers.  The  in- 
terstate commerce  act  applies  no  less  to  patrons  of  a 
common  carrier  than  to  the  carrier  itself.  Melody  v. 
Great  Northern  Ry.  Co.  (1910),  —  S.  D.  — ,  127  N. 
W.  Eep.  543. 

Interstate  commerce  subject  to  local  police  regulations. 
A  corporation  engaged  in  interstate  commerce  is  sub- 
ject to  local  police  regulations  of  each  State  in  which 
it  does  business,  such  as  an  ordinance  requiring  a 
license  of  $20  to  be  paid  by  bill  posters.  International 
Text  Book  Co.  v.  District  of  Columbia  (1910),  35  App. 
Cas.  D.  C.  307. 

Interstate  commerce — -Mine  to  lake  port.  A  railroad 
which  carries  coal  from  mines  in  Ohio  to  a  lake  port  in 
Ohio  and  delivers  it  on  board  a  vessel  there  to  be  car- 
ried to  other  States  is  engaged  in  interstate  commerce 
and  is  not  subject  to  rates  fixed  by  the  Ohio  Eailroad 
Commission.  Railroad  Commission  of  Ohio  v.  Worthing- 
ton  (1911),  187  Fed.    Eep.  965. 

Interstate  commerce  in  cocaine — Misbranding.  When 
a  man  deposited  in  United  States  mail  at  Mt.  Gilead, 
Ohio,  a  bottle  of  cocaine  addressed  to  another  at  Wash- 
ington, D.  C,  the  transaction  was  interstate  commerce 
and  if  the  bottle  bore  no  label  or  brand  indicating  the 
presence  of  the  drug  in  the  medicine,  the  sender  was 
guilty  of  a  violation  of  the  pure  food  and  drugs  act 
of  June  30,  1906.  United  States  v.  Tucker  (1911)-,  188 
Fed.  Eep.  741. 

Interstate  commerce — Means  of  communication  im- 
material.  In  determining  whether  a  given  transaction 
is  interstate  commerce  or  not,  the  means  by  which  the 
negotiations  were  conducted  is  immaterial,  whether  by 
mail,  telephone,  telegraph,  messenger  or  otherwise. 
United  States  v.  Tucker  (1911),  188  Fed.  Eep.  741. 


Digest  of  Decisioks 


117 


Terminal  company  sviject  to  Interstate  Commerce 
Commission.  The  Interstate  Commerce  Commission  has 
power  to  enjoin  the  Southern  Pacific  Terminal  Com- 
pany, conducting  a  wharfage  business  at  Galveston  and 
having  no  cars  or  rolling  stock,  from  giving  preferential 
rates  and  facilities  to  a  favored  shipper.  Southern  Pa- 
cific Terminal  Co.  v.  Interstate  Commerce  Commission 
(1910),  219  U.  S.  498,  31  Sup.  Ct.  Rep. (^79,  —  L. 
Ed.  — . 

Ownership  of  goods  shipped  immaterial.  An  inter- 
state carrier  cannot  make  any  difference  in  rates  based 
on  the  shipper's  ownership  or  non-ownership  of  the 
goods  shipped.  Interstate  Commerce  Commission  v. 
Delaware,  Lachawanna  &  W.  R.  Co.  (1910),  —  U.  S.  — , 
31  Sup.  Ct.  Rep.  392,  —  L.  Ed.  — ,  reversing 
166  Fed.  Rep.  499. 

Forwarding  agents.  Forwarding  agents  must  be  given 
the  same  rates  as  other  shippers;  an  interstate  carrier 
cannot  discriminate  against  them.  Interstate  Commerce 
Commission  v.  Delaware,  Lachawanna  &  W.  R.  Co. 
(1910),  — TJ.  S.  — ,  31  Sup.  Ct.  Rep.  392,  reversing 
166  Fed.  Rep.  499. 

Definition  of  interstate  commerce.  Interstate  com- 
merce is  a  term  of  very  large  significance.  It  compre- 
hends, as  it  is  said,  intercourse  for  the  purpose  of  trade 
in  any  and  all  its  forms,  including  transportation,  pur- 
chase, sale,  and  exchange  of  commodities  between  the 
citizens  of  different  States,  and  the  power  to  regulate 
it  embraces  all  the  instruments  by  which  such  com- 
merce may  be  conducted.  Hopkins  v.  United  States, 
171  TJ.  S.  597;  Welton  v.  Missouri,  91  U.  S.  275; 
Mobile  Co.  v.  Kimball,  102  U.  S.  691 ;  Gloucester  Ferri/ 
Co.  V.  Pa..  114  U.  S.  196 ;  Hooper  v.  California,  155  U. 
S.  648,  655;  United  States  v.  E.  C.  Knight,  156  U.  S.  1. 

Principal  objects  of  the  Interstate  Commerce  Act. 
"Prior  to  the  enactment  of  the  act  of  February  4,  1887, 
to  regulate  commerce,  commonly  known  as  the  Inter- 
state Commerce  Act,  24  Stat.,  379,  c.  104,  railway  traf- 
fic in  this  country  was  regulated  by  principles  of  com- 
mon law  applicable  to  common  carriers,  which  demanded 
little  more  than  that  they  should  carry  for  all  persons 
who  applied,  in  the  order  in  which  the  goods  were  de- 
livered at  the  particular  station,  and  that  their  charges 
for  transportation  should  be  reasonable.  ...  In 
several  of  the  States  acts  had  been  passed  with  the  de- 
sign of  securing  the  public  against  unreasonable  and 
unjust  discrimination ;  but  the  inefficiency  of  these  laws 
beyond  the  lines  of  the  State,  .  .  .  and  the  evil  which 
grew  up  under  a  policy  of  unrestricted  competition, 
suggested  the  necessity  of  legislation  by  congress  under 
the  constitutional  power  to  regulate  c«mmerce  among 
the  several  States.  The  principal  objects  of  the  Inter- 
state Commerce  Act  were  to  secure  just  and  reasonable 
charges  for  transportation;  to  prohibit  unjust  discrimi- 
nation in  the  rendition  of  like  service  under  similar  cir- 
cumstances, to  prevent  undue  and  unreasonable  prefer- 
ence to  persons,  corporations,  or  localities,  to  inhibit 
greater  compensation  for  a  shorter  than  a  longer  dis- 
tance over  the  same  line ;  and  to  abolish  combination  for 
the  hauling  of  freights."  Int.  Com.  Comm.  v.  B.  &  0. 
Ry.,  145  U.  S.  263,  275. 

Same.  Interstate  commerce  consists  of  intercourse 
and  traffic  between  the  citizens  or  inhabitants  of  differ- 
ent States,  and  includes  not  only  the  transportation  of 
persons  and  property  and  the  navigation  of  public  wa- 
ters for  that  purpose,  but  also  the  purchase,  sale  and 


exchange  of  commodities  in  violation  of  anti-trust  laws. 
Addyston  P.  &  Co.  v.  U.  S.,  175  U.  S.  211. 

Same.  In  enacting  the  interstate  commerce  acts, 
congress  had  in  view  and  intended  to  make  provision 
for  commerce  between  States  and  Territories,  commerce 
going  to  and  coming  from  foreign  countries,  and  the 
whole  field  of  commerce  except  that  wholly  within  a 
State;  and  it  conferred  upon  the  commission  the  power 
of  determining  whether,  in  given  cases,  the  services  ren- 
dered were  like  and  contemporaneous,  whether  the  re- 
spective traffic  was  of  like  kind,  and  whether  the  trans- 
portation was  under  substantially  similar  circumstances 
and  conditions.  Texas  Pac.  Ry.  Co.  v.  Interstate  G.  C, 
162  U.  S.  197. 

Interstate  Commerce  Commission  an  expert  tribunal 
— Regulation  of  rates.  "The  administration  of  justice,'' 
said  Webster,  "is  the  chiefest  concern  of  man  upon 
earth."  Within  the  scope  of  that  function  of  govern- 
ment there  is,  perhaps,  no  single  topic  of  greater  magni- 
tude or  moment  than  controversies  which  arise  in  trade 
and  commerce.  Said  Sir  Walter  Raleigh,  "Whosoever 
commands  the  trade  of  the  world  commands  the  riches 
of  the  world,  and  consequently  the  world  itself."  In  a 
material  sense,  and  in  our  astonishing  civilization,  noth- 
ing is  more  important  than  the  transportation  of  com- 
modities sold  or  interchanged,  and  in  transportation  the 
stability  and  reasonable  character  of  the  rate  charged 
therefor  is  scarcely  less  important  than  the  transporta- 
tion itself.  The  three  grand  departments  of  govern- 
ment, legislative,  executive  and  judicial,  are  with  steady 
and  swerveless  purpose  enacting  or  enforcing  laws  to 
safeguard  the  rights  of  the  general  public,  and  Lo  well 
that  portion  engaged  in  the  business  of  transportation. 
The  shippers  are  appealing  to  government  to  protect 
them  against  unwarrantable  exaction?  by  the  carriers. 
Appeal  may  be  made  by  the  carriers  to  protect  their  in- 
terests from  unremunerative  rates  to  which  they  may 
be  restricted  by  State  or  other  local  authorities.  In 
either  case  complaint  is  heard  and  redress  is  given. 
Reagan  v.  Farmers'  L.  &  T.  Co.,  154  U.  S.  362;  Chi- 
cago, etc.,  Ry.  V.  Minnesota,  134  U.  S.  418 ;  Rose's  Note 
on  U.  8.  Reports,  Vol.  II,  p.  946,  et  sep.  It  is  no 
longer  doubted  that  "the  question  of  the  reasonableness 
of  a  rate  of  charge  for  transportation  is  eminently  a 
question  for  judicial  investigation."  Justice  Blatchford, 
in  C.  &  St.  P.  V.  Minnesota,  134  TJ.  S.  418.  To  this 
end,  in  part,  the  government  has  created  the  Interstate 
Commerce  Commission.  It  is  a  tribunal  to  hear,  inves- 
tigate, and  report  on  the  reasonableness  of  rates,  and  to 
attempt  the  correction  of  inequalities  and  injustice 
thereia.  That  body,  in  the  nature  of  its  organization 
and  the  duties  imposed  upon  it  by  the  statutes,  is  par- 
ticularly competent  to  pass  upon  the  question  of  fact  of 
this  character.  Louisville  &  N.  R.  R.  Co.  v.  Behlmer, 
175  TJ.  S.  675.  In  view  of  these  considerations  and 
precedents,  it  can,  we  think,  be  no  longer  open  to  ques- 
tion that  the  Interstate  Commerce  Commission  is  the 
expert  tribunal  empowered  by  law  to  determine,  in  the 
first  instance,  the  reasonable  or  unreasonable  character 
of  rates  charged  for  transportation  in  interstate  com- 
merce. Said  Judge  Taft,  in  E.  Tenn.  d-  T'.  £  G.  R.  R. 
Co.  V.  Interstate  Commerce  Commission,  99  Fed.  52 :  "It 
has  been  suggested  that  the  traffic  managers  are  much 
better  able  by  reason  of  their  knowledge  and  experience 
to  fix  rates  and  to  decide  what  discriminations  are  justi- 
fied by  the  circumstances  than  the  courts.  This  cannot 
be  conceded  so  far  as  it  relates  to  the  Interstate  Com- 


118 


National  Association  op  Railway  Commissioners 


merce  Commission,  which  by  reason  of  the  experience 
of  its  members  in  this  kind  of  controversy,  and  their 
great  opportunity  for  full  information,  is  in  a  sense  an 
expert  tribunal."  We  may  repeat  what  was  said  in  Com- 
mission V.  Louisville  &  N.  B.  R.  Co.,  118  Fed.  613,  that 
the  righteous  order  of  a  great  commission  which  has 
been  primarily  intrusted  by  congress  with  the  tremen- 
dous duty,  should  in  all  proper  cases  be  respected  and 
enforced  by  the  courts  of  the  country.  While,  on  occa- 
sion, the  railway  and  other  corporations  may  suffer  a 
temporary  diminution  of  revenues  from  an  order  of  this 
character,  the  interest  of  the  public,  and  in  the  end  the 
interest  of  the  corporation  itself,  is  conserved.  In  all 
such  cases  the  general  welfare  must  control.  Saliu 
poptdi  est  suprema  lex.  Tift  v.  Southern  By.  Co.,  138 
Fed.  753,  760. 

Schedule  of  reasonable  rates — Bedress,  discrimination 
and  undue  preference.  When  the  act  to  regulate  com- 
merce was  enacted  there  was  contrariety  of  opinion 
whether,  when  a  rate  charged  by  a  carrier  was  in  and 
of  itself  reasonable,  the  person  from  whom  such  a  charge 
was  exacted  had  at  common  law  an  action  against  the 
carrier  because  of  damages  asserted  to  have  been  suf- 
fered by  a  discrimination  against  such  person  or  a  pref- 
erence given  by  the  carrier  to  another.  Parsons  v.  C.  & 
N.  W.  By.  Co.,  167  TJ.  S.  447,  455;  Interstate  Com- 
merce Commission  v.  B.  &  0.  B.  B.,  145  U.  S.  263. 
That  the  act  to  regulate  commerce  was  intended  to 
afford  an  effective  means  for  redressing  the  wrongs  re- 
sulting from  unjust  discrimination  and  undue  prefer- 
ence is  undoubted.  Indeed,  it  is  not  open  to  controversy 
that  to  provide  for  these  subjects  was  among  the  prin- 
cipal purposes  of  the  act.  Interstate  Commerce  Com- 
mission V.  C,  N.  0.  &  T.  P.  By.  Co.,  167  U.  S.  479, 
494.  And  it  is  apparent  that  the  means  by  which  these 
great  purposes  were  to  be  accomplished  was  the  placing 
upon  all  carriers  the  positive  duty  to  establish  schedules 
of  reasonable  rates  which  should  have  a  uniform  appli- 
cation to  all  and  which  should  not  be  departed  from  so 
long  as  the  established  schedule  remained  unaltered  in 
the  manner  provided  by  law.  C,  N.O.  &  T.P.  By.  Co. 
V.  Interstate  Commerce  Commission,  163  U.  S.  184; 
Interstate  Commerce  Commission  v.  C,  N.  0.  &  T.  P. 
By.  Co.,  167  U.  S.  479. 

Belt  line  is  a  transportation  company — Texas  statute. 
A  belt  railway  which  intercepts  shipments  of  cattle  out- 
side the  city  and  carries  them  to  the  stock  yards  is  a 
common  carrier  and  a  "transportation  company"  within 
the  Texas  statute  relating  to  the  venue  of  suits.  Texas 
&  Pacific  By.  Co.  v.  Henson  (1910),  —  Tex.  Civ.  App. 
— ,  132  S.  W.  Eep.  118. 

Scenic  railroad  in  amusement  park.  The  proprietor 
of  a  scenic  railroad  in  an  amusement  park  is  liable  as 
a  carrier  of  passengers  for  injuries  to  persons  riding 
thereon.  O'Callaghan  v.  Dellwood  Park  Co.  (1909), 
149  111.  34,  89  N.  E.  Eep.  1005. 

Interstate  commerce — Liquors.  A  woman  in  Ken- 
tucky mails  $2  with  an  order  for  whisky  to  a  distiller 
in  Indiana,  who  delivers  the  whisky  to  an  express  com- 
pany in  Indiana,  by  which  the  whisky  is  delivered  to 
the  woman  in  Kentucky.  Held  the  transaction  was 
interstate  commerce ;  that  the  sale  was  made  in  Indiana, 
and  that  the  distiller's  agent  in  Kentucky  had  not  vio- 
lated the  local  option  law.  Whitmire  v.  Commonwealth, 
—  Ky.  — ,  135  S.  W.  Rep.  767. 

Police  power.  Acts  of  the  State  in  the  proper  exer- 
cise of  its  police  power  will  not  be  declared  void  under 


the  commerce  clause  of  the  constitution  of  the  United 
States,  even  if  they  incidentally  do  affect  interstate  com- 
merce, if  their  main  purpose  is  to  protect  its  people 
against  wrong,  frauds  contagious  disease,  or  acts  which 
will  corrupt  their  morals.  Logan  &  Bryan  v.  Postal 
Tel.  &  Cable  Co.,  157  Fed.  Eep.  570. 

Original  package.  Where  goods  are  brought  from  one 
State  into  another  under  contract  of  sale,  and  delivered 
there  in  their  original  packages  to  the  purchasers,  the 
transit  may  not  be  interfered  with  by  the  State  or  any 
of  its  municipalities  except  for  proper  police  purposes. 
Simpson-Crawford  Co.  v.  Borough  of  Atlantic  High- 
lands (N.  J.),  158  Fed.  Rep.  372. 

Local  taxation.  Oil  shipped  from  Pennsylvania  and 
Ohio  and  destined  ultimately  for  points  in  Arkansas, 
Louisiana  and  Mississippi  is  not  property  in  interstate 
commerce,  so  as  to  be  exempt  from  State  tax  or  inspec- 
tion laws  while  it  is  held  at  a  distributing  point  main- 
tained by  the  shipper  in  Tennessee,  at  which  point  such 
oil  is  unloaded  from  tank  cars  into  various  tanks,  bar- 
rels and  other  receptacles,  and  from  which  it  is  for- 
warded to  its  final  destination.  Gen.  Oil  Co.  v.  Crain, 
209  U.  S.  211. 

Local  taxation.  The  business  of  taking  orders  on 
commission  for  the  purchase  and  sale  of  grain  and  cot- 
ton for  future  delivery,  and  transmitting  them  to  other 
States,  is  not  interstate  commerce,  so  as  to  be  exempt 
from  State  taxation,  where,  in  those  cases  in  which 
contracts  for  purchasing  for  future  delivery  result  in  an 
actual  delivery,  the  property  is.  bought  in  the  State  in 
which  the  orders  are  transmitted,  and  there  held  for 
the  purchaser,  and  in  those  cases  in  which  there  is  a 
delivery  upon  a  contract  of  sale  made  by  the  broker, 
the  seller  is  at  liberty  to  acquire  the  property  in  the 
market  where  delivery  is  required  or  elsewhere.  Ware 
V.  Mobile  County,  209  U.  S.  405. 

State  powers — Police  powers.  A  statute  which  pro- 
vides that  a  party  aggrieved  may  recover  a  penalty  for 
a  carrier's  unreasonable  delay  in  transporting  goods,  is 
constitutional  as  a  valid  exercise  of  the  police  power. 
Bollins  V.  Seaboard  Airline  By.,  146  N.  C.  153,  59  S. 
E.  671. 

Freight  claims.  The  South  Carolina  statute  held  con- 
stitutional and  valid  which  provides,  "That  every  claim 
for  loss  of  or  damage  to  property,  while  in  the  posses- 
sion of  such  common  carrier  shall  be  adjusted  and  paid 
.  .  .  within  ninety  days,  in  case  of  shipments  from 
without  this  State,  after  the  filing  of  such  claim  with 
the  agent  of  such  carrier  at  the  point  of  destination  of 
such  shipment.  .  .  .  Failure  to  adjust  and  pay  such  claim 
within  the  periods  respectively  herein  prescribed  shall 
subject  each  common  carrier  so  failing  to  a  penalty  of 
fifty  dollars  for  each  and  every  such  failure,  to  be  recov- 
ered by  any  consignee  or  consignees  aggrieved  in  any 
court  of  competent  jurisdiction.  .  .  ."  Atlantic  Coast 
Line  B.  B,  Co.  v.  Maaursky  (1910),  216'U--S.  122,  30 
Sup.  Ct.  Eep.  378,  affirming  Charles  v.  Atlantic  Coast 
Line  B.  B.  Co..  78  S.  C.  36.  The  Supreme  Court  quotes 
with  approval  the  following  from  the  opinion  of  the 
South  Carolina  court :  "The  duty  to  make  prompt  set- 
tlement for  loss  or  damage  to  goods  is  but  an  incident 
of  the  duty  to  transport  and  deliver  safely  and  with 
reasonable  diligence.  The  statute  in  question  was  de- 
signed to  effectuate  an  important  public  purpose,  viz., 
to  compel  the  common  carrier  to  perform  with  reason- 
able diligence'  the  duty  which  peculiarly  appertains  to 


Digest  of  Decisions 


119 


his  business  as  a  carrier  of  freight.    The  penalty  is  but 
a  means  to  that  end." 

Action  to  recover  penalty.  Instance  of  action  to  re- 
cover the  statutory  penalty  for  failure  to  adjust  a  claim 
for  loss  of  freight  shipped.  Barter  v.  Charleston  & 
W.  Ry.  Co.  (1910),  —  S.  C.  —  67  S.  E.  Rep.  290. 

Delay  in  shipments — Agent's  ignorance  (if  rates.  On 
January  28,  1907,  milling  machinery  was  Tendered  to 
the  Southern  Eailway  Company  in  North  Carolina  to 
be  shipped  to  Saginaw,  Mich.,  over  the  lines  of  con- 
necting carriers.  The  railroad  did  not  accept  the  ship- 
ment until  April  3,  1907,  because  its  agent  did  not  suc- 
ceed in  getting  rates  to  Saginaw  until  April  3.  A  North 
Carolina  statute  imposed  a- penalty  of  $50  per  day  for 
failure  to  accept  freight  when  tendered.  Held  that 
the  statute  applied  to  interstate  shipments,  and  judg- 
ment against  the  railroad  afSrmed.  Burlington  Lumber 
Go.  V.  Southern  Ry.  Co.  (1910),  152  N.  C.  70,  67  S. 
E.  Eep.  167. 

Evidence  justifying  penalty.  A  loaded  car  of  lumber 
was  delivered  to  the  Southern  Eailway  Company  at 
Gary,  N.  C,  December  13,  at  4  p.  m.  It  arrived  at 
Greensboro,  N.  C,  73  miles  .distant,  on  December  16, 
and  on  December  18  at  6  p.  m.  it  was  placed  on  the  con- 
signee's private  switch  track  for  unloading.  The  rea- 
sonable time  for  the  run  of  73  miles  was  24  hours. 
Held  that  the  railroad  should  pay  the  statutory  pen- 
alty for  two  days'  delay.  Broohs  Mfg.  Co.  v.  Southern 
Ry.  Co.  (1910),  —  N.  C.  — ,  68  S.  E.  Eep.  243. 

Failure  to  accept  freight. .  A  State  statute  held  valid 
which  penalizes  an  interstate  carrier  for  failing  to  accept 
and  ship  without  delay  freight  offered  to  it  for  trans- 
portation beyond  its  line  into  another  State.  Burlington 
Lurnber  Co.\:  Southern  Ry.  Co.  (1910),  152  N.  C.  70, 
67  S.  E.  Eep,  167. 

Removal.  A  suit  to  recover  penalties  for  violation  of 
the  28-hour  law  in  reference  to  the  carriage  of  live  stock 
is  a  civil  suit.  U.  S.  v.  Atlantic  Coast  Line  R.  Co. 
(1909),  173  Fed.  Eep.  764,  98  C.  C.  A.  110. 

License  to  peddle.  An  Arkansas  statute  that  requires  a 
license  to  be  procured  before  one"  can  peddle  specified 
articles  for  sale  is  not  an  interference  with  interstate 
commerce,  because  peddling  is  not  synonymous  with  sell- 
ing. Crenshaw  v.  State  (1910),  —  Ark.  — ,  130  S.  W. 
Eep.  569. 

■'  Interstate  Commerce  Commission— Natu,re  of  poyiers. 
The  interstate  Commerce  Commission  is  ain  administra- 
tive tribunal  dealing  with  practical  problems,  and  so 
long  as  parties  affected  by  its  orders  appear  and  are 
fully  heard  it  has  power  to  grant  such  relief  as  the 
facts  shown  upon  the  investigation  call  for,  even  though 
such  facts  may  be  presented  by  evidence  technically  out- 
side of  the  issues  raised  by  the  pleadings,  but  which  were 
germane  to  the  subject-matter  of  the  investigation.  N. 
Y.  C.  &  H.  R.  Ry.  Co.  v.  Inter.  Com.  Comn.,  168  Fed. 
Eep.  131. 

Object  of  the  act.  The  act  to  regulate  commerce  was 
not  designed  to  prevent  competition  between  different 
roads.  Its  objects  are  to  secure  just  rates,  prohibit  un- 
just discrimination,  prevent  undue  preference,  prohibit 
greater  compensation  for  a  shorter  than  for  a  longer 
distance,  and  to  abolish  combinations.  Interstate  Com. 
Commission  v.  Chi.  Gt.  Western  Ry.  Co.,  209  TJ.  S.  108. 
Interstate  commerce  act — Commerce — Definition.  The 
commerce  clause  of  the  United  States  constitution  au- 
thorizes legislation  by  congress  with  respect  to  all  the 
subjects  of  foreign  and  interstate  commerce,  the  persons 


engaged  in  it,  and  the  instruments  by  which  it  is  carried 
on,  and  as  to  such  subjects  it  is  without  limitation. 
Smeltzer  v.  St.  Louis  &  S.  F.  R.  Co.,  158  Fed.  Eep.  649. 
Interstate  commerce  defined.  Commerce  among  the 
States  comprehends  intercourse  for  the  purpose  of  trade 
in  any  and  all  its  forms,  including  the  transportation, 
purchase,  sale  and  exchange  of  commodities  between  the 
citizens  of  different  States.  State  v.  Feet.  80  Vt.  449,  68 
Atl.  Eep.  661. 

Interstate  commerce — Power  to  regulate  distinguished 
from  police  power.  The  power  to  regulate  interstate 
commerce  is  a  distinct  and  substantive  power  granted 
to  congress  by  the  constitution,  subject  to  the  limitations 
thereof,  and  is  not  the  ecjuivalent  of  the  reserved  police 
powers  of  the  State,  which  must  always  remain  indefi- 
nite in  character,  and  incapable  of  classification  and 
definition,  but  an  enactment  in  the  assumed  exercise 
of  such  power,  like  one  by  a  State  under  its  police  pow- 
ers, is  reviewable  by  the  courts  to  determine  whether  it 
is  within  the  power  granted  by  the  constitution  and  so 
limited,  and  a  legitimate  and  reasonable  exercise  thereof. 
U.  S.  V.  Delaware  &  H.  Co.,  164  Fed.  Eep.  215. 

Interstate  commerce — Right  of  trade.  The  power  of 
congress  under  the  commerce  clause  of  the  constitution 
does  not  include  the  power  to  entirely  exclude  from  such 
commerce  an  article  or  commodity  which  is  a  legitimate 
and  useful  subject  of  commerce,  and  not  inimical  to 
public  safety,  health  or  morals.  U.  S.  v.  Delaware  dk 
II.  Co.,  164  Fed.  Eep.  215. 

Interstate  commerce — Congressional  power  limited. 
A  railroad  company,  by  engaging  in  interstate  com- 
merce, does  not  thereby  submit  all  its  business  concerns 
to  the  regulating  power  of  congress.  U.  S.  v.  Erie  Ry. 
Co.,  166  Fed.  Eep.  352. 

Joint  carriers.  Every  carrier  who  transports  goods 
through  any  part  of  a  continuous  passage  in  the  State 
to  a  point  in  another  State  is  engaged  in  interstate  com- 
merce, whether  the  goods  are  carried  upon  through  bills 
of  lading  or  rebilled  by  the  several  carriers.  V.  S.  v. 
C.  &  N.  W.R.  R.  Co.,  157  Fed.  Eep.  321. 

Congress — Powers  as  to  intrastate  commerce.  Con- 
gress may  lawfully  affect  intrastate  commerce  so  far  as 
necessary  to  regulate  effectually  and  completely  inter- 
state commerce,  the  constitution  reserving  to  congress 
plenary  powers  to  regulate  interstate  commerce,  and  the 
,  constitution  and  acts  of  congress  in  pursuance  thereof 
are  the  supreme  law  of  the  land.  U.  8.  v.  C.  &  N.  W. 
R.  Co.,  157  Fed.  Eep.  321. 

Interstate  commerce — State  statute  regulating  deliv- 
ery. A  statute  requiring  notice  of  arrival  of  goods  and 
delivery  to  consignee  and  prescribing  the  penalty  for 
failure  to  comply  therewith  is  not  invalid  as  interfering 
with  interstate  commerce,  a  failure  to  deliver  freight  not 
being  interstate  commerce.  Hockfield  v.  So.  Ry.  Co., 
64  S.  E,  181. 

Railroad's  inability  to  get  back  its  cars.  Where  a  rail- 
road's shortage  of  freight  cars  is  due  solely  to  its  inabil- 
ity to  get  back  cars  which  it  has  delivered  loaded  to  be 
carried  over  the  lines  of  connecting  roads,  it  cannot 
be  subjected  to  penalties  for  such  shortage.  In  St. 
Louis  Southwestern  Ry.  Co.  v.  Arkansas  (1910),  217  U. 
S.  136,  30  Sup.  Ct.  Eep.  476,  appellant  railroad  origi- 
nated about  70  per  cent  of  all  its  freight  trafiBc.  It 
belonged  to,  the  American  Eailway  Association  and  was 
subject  to  its  rules  for  the  interchange  of  cars.  About 
90  per  cent  of  all  American  railroads  belong  to  that 
association.     It  is  practically  impossible  for  any  inter- 


120 


National  Association  of  Railway  Commissioners 


state  road  to  serve  its  shippers  without  belonging  to  it. 
The  rules  of  the  American  Railway  Association  did  not 
provide  penalties  severe  enough  to  insure  the  prompt 
return  of  ears  received  by  its  members  from  connecting 
roads.  Held  that  appellant  road  could  not  be  penalized 
because  of  the  defects  of  those  rules  which  it  was  power- 
less to  change.  Reversing  St.  Louis  Southwestern  By. 
Co.  V.  State  (1907),  85  Ark.  311. 

Delay  in  shipment- — Texas  statute.  Texas  statute  held 
valid  and  constitutional  under  which  a  railroad  is  made 
liable  for  a  penalty  equal  to  5  per  cent  per  month  of 
the  value  of  property  delayed  in  shipment  in  addition 
to  actual  damages  of  6  per  cent  per  year.  Texas  Central 
R.  Co.  V.  Hannay-Fredrichs  &  Co.  (1910),  Tex.  Civ. 
App.  130  S.  W.  Rep.  250. 

Shipper  contracting  for  illegal  rate  may  recover  dam- 
ages for  delay.  The  shipper  is  not  precluded  from  recov- 
ering damages  for  delay  on  the  part  of  the  carrier  by 
the  fact  that  without  his  knowledge  the  contract  of  ship- 
ment provided  for  a  rate  that  was  illegal  because  too  low 
in  violation  of  the  interstate  commerce  act.  Kirhy  v. 
Chicago  &  Alton  R.  Co.  (1909),  242  111.  418,  90  N.  E. 
Rep.  252. 

Penalties  for  delay.  A  State  statute  imposing  penal- 
ties on  a  carrier  for  delay  in  handling  freight  within  the 
State  held  constitutional.  Thweat  v.  Atlantic  Coast  Line 
R.  Co.  (1910),  —  S.  C.  — ,  67  S.  E.  Rep.  15;  NoHh 
Carolina  Corporation  Commission  v.  Southern  Ry.  Co. 
(1909),  151  N.  C.  447,  66  S.  E.  Rep.  427.  Compare 
Moore  v.  Atlantic  Coast  Line  R.  Co.  (1910),  85  S.  C. 
19,  67  S.  E.  Rep.  11,  holding  that  the  South  Carolina 
statute  has  no  application  to  interstate  shipments. 

Oood  intentions  no  defense.  In  a  prosecution  under 
the  28-hour  law  it  is  no  defense  that  the  defendant  made 
rules  directing  its  employes  to  comply  with  the  statute, 
and  that  the  stock  in  question  remained  on  its  cars  for 
fifty  consecutive  hours  through  the  negligence  of  its 
employes.  U.  S.  v.  Atlantic  Coast  Line  R.  Co.  (1909), 
173  Fed.  Rep.  764,  98  C.  C.  A.  110. 

The  twenty-eight-hour  stock  law.  The  twenty-eight- 
hour  stock  law  does  not  require  the  railroad  to  build  any 
special  kind  of  stock  pens;  a  temporary  enclosure  will 
do.  U.  S.  V.  St.  Louis,  I.  M.  &  8.  Ry.  Co.  (1910),  177 
Fed.  Rep.  205. 

Liquidated  damages  for  delay — Iowa  statute.  An 
Iowa  statute  provides  that  the  owner  of  live  stock  may 
recover  $10  per  hour  liquidated  damages  from  the  car- 
rier for  delay  caused  by  its  being  carried  at  a  slower  rate 
than  that  fixed  by  the  statute.  Held  that  the  statute  is 
constitutional  and  valid  and  that  the  owner  need  not 
prove  actual  damages  and  need  not  in  his  petition  nega- 
tive certain  exceptions  in  the  statute.  Cram  v.  Chicago, 
B.  &  Q.  R.  Co.  (1909),  85  Neb.  586,  123  N.  W.  Rep. 
1045. 

Delay  of  live  stock — North  Dakota  statute.  The  North 
Dakota  statute  requiring  live  stock  to  be  transported  at 
the  minimum  rate  of  twenty  miles  per  hour,  held  uncon- 
stitutional and  void  as  an  unreasonable  exercise  of  the 
police  power  of  the  State.  Downey  v.  Northern  Pacific 
R.  Co.  (1910),  —  N.  D.  — ,  125  N.  W.  Rep.  475. 

Section  One. 

1.  Application  of  the  act  defined.  Applies  to  trans- 
portation of  oil  and  other  commodity  except  water  and 
natural  or  artificial  gas  by  means  of  pipes  lines  or  partly 
by  pipe  lines  and  partly  by  railroad  and  water.  Applies 
to  common  carriers  by  rail  or  partly  by  rail  and  partly 


by  water.  It  includes  express  companies  and  sleeping- 
car  companies.  It  defines  what  the  terms  "common  car- 
rier," "railroad"  and  "transportation"  include.  It  pro- 
vides that  the  act  shall  not  apply  to  transportation 
wholly  within  one  State ;  that  charges  must  be  just  and 
reasonable;  prohibits  free  passes  and  free  transportation, 
except  to  employes  and  their  families,  etc.,  etc.,  and  pro- 
vides for  the  interchange  of  passes  for  officers,  etc.,  of 
common  carriers.  Provides  the  jurisdiction  and  penalty 
for  violation  of  this  provision.     (See  section  22.) 

Railroad  companies  prohibited  from  transporting 
commodities  in  which  they  are  interested— except  tim- 
ber and  products  thereof. 

Provides  for  the  construction,  etc.,  of  switch  con- 
nections with  lateral  branch  line  or  private  side  tracks, 
and  that  such  switch  may  be  ordered  by  the  commission. 

Railroad  company — Commerce.  Railroad  and  tele- 
graph companies  are  instruments  of  commerce,  and 
their  business  is  of  commerce  itself.  State  Freight  Tax 
Case,  15  Wall.  232,  273 ;  Tel.  Co.  v.  Texas,  105  U.  S. 
464;  United  States  v.  Freight  Assn.,  166  JJ.  S.  290; 
Pensacola  Tel.  Co.  v.  Western  Union  Tel.  Co.,  96 
U.  S.  1. 

Railroad — Telegraph — Cannot  contract  reduced  rates 
leyond  own  right  of  way.  Railroad  companies  or  sys- 
tems of  roads  cannot  lawfully  contract,  in  consideration 
of  free  telegraph,  services  or  service,  at  reduced  rates 
over  wires  beyond  its  own  right  of  way,  to  furnish  free 
or  reduced  rates,  transportation  for  the  officials,  em- 
ployes, laborers,  materials,  or  supplies  of  a  telegraph 
company,  in  connection  with  the  construction,  mainten- 
ance or  operation  of  a  telegraph  line  and  service  off 
the  line  of  such  railroad  company  or  system  of  railroads 
and  upon  the  line  or  lines  of  another  carrier  or  system. 
In  re  Railroad-Telegraph  Companies,  12  Interstate 
Commerce  Commission  Reports  II. 

Carriers'  own  commodities  are  interstate  commerce. 
All  commerce  in  the  United  States  is  under  control 
either  of  a  State  or  of  the  Nation,  and  it  cannot  be 
justly  claimed  that  any  of  such  commerce  falls  within 
the  power  of  neither;  and  when  merchandise  is  carried 
from  one  State  to  another  no  system  or  scheme  can  be 
devised  to  make  it  interstate  traffic.  A  carrier  operat- 
ing its  own  construction  train,  which  hauls  its  own  rails 
and  products  from  a  point  in  one  State  to  a  point  in 
another  State,  is  engaged  in  interstate  commerce. 
United  States  v.  Chicago,  M.  &  St.  Paul  Ry.,  149  Fed. 
486. 

Connecting  lines  extending  over  State  boundary.  A 
railroad  company  which  is  a  link  in  a  through  line  of 
road  over  which,  as  part  of  the  business,  freight  and 
passengers  are  carried  into  and  out  of  a  State,  is  en- 
gaged in  interstate  commerce  within  the  meaning  of 
the  act.  Art.  I,  Sec.  VIII,  giving  congress  the  power 
to  regulate  commerce  between  the  several  states.  N.  £ 
W.  R.  Co.  v.  Pennsylvania,  136  U.  S.  114. 

Same.  When  a  State  railroad  company  whose  road 
lies  within  the  limits  of  the  State  enters  into  a  contract 
for  the  carriage  of  foreign  freight — and  an  agreement 
to  participate  on  through  rates  and  charges,  thereby 
becomes  part  of  a  continuous  line,  not  by  consolidation, 
but  under  a  common  control,  management  or  arrange- 
ment for  a  continuous  carriage  or  shipment  of  freight 
from  one  State  to  another,  and  thus  becomes  amenable 
to  the  federal  act  in  respect  to  such  interstate  commerce, 
and,  having  thus  subjected  itself  to  the  control  of  the 

I 


Digest  of  Decisions 


121 


Interstate  Commerce  Commission  it  cannot  limit  that 
control  in  respect  to  foreign  traffic  to  certain  points  on 
its  road  to  the  exclusion  of  other  points.  Interstate 
Commerce  Com.  v.  C,  N.  0.  &  T.  P.  Tty.,  162  U.  S.  184. 

English  law — Railroads  prohibited  to  engage  in  other 
business.  Vice-Chancellor  Kindersley  held  that  the  act 
of  parliament  granting  a  charter  to  operate  a  railway 
implied  the  prohibition  against  the  company^s  engaging 
in  any  other  business.  The  reason  of  this  rule  was  thus 
expressed:  'These  large  companies,  joint  stock  com- 
panies generally,  for  whatever  purpose  established,  and 
more  particularly  railway  companies,  are  armed  with  the 
power  of  raising  and  possessing  large  sums  of  money — 
large  amounts  of  property — and  "if  they  were  to  apply 
that  money  or  that  property  to  purposes  otlier  than 
those  for  which  they  were  constituted  they  might  very 
much  injure  the  interest  of  the  public  in  various  ways." 
The  Attorney-General  v.  Great  Northern  Ry.  Co.,  39 
Law  Journal  (N.  S.  Equity),  798. 

Carriers  as  dealers — Deleterious  effects.  Deleterious 
effects  of  permitting  railroad  companies  to  act  as  dealers 
in  merchandise  transportation.  Haddock  v.  D.,  L.  & 
W.  Ry.  Co.,  4  I.  C.  C.  Rep.  296 ;  Coxe  Bros.  &  Co.  v. 
Lehigh  Y.  Ry.  Co.,  4  I.  C.  C  Rep.  535;  Grain  Rate 
Case,  7  I.  C.  C.  Rep.  33. 

Contract  with  shipper  to  build  spur  tracJc.  A  railroad 
does  not  necessarily  violate  the  interstate  commerce  law 
by  entering  into  a  contract  to  build  for  a  shipper  a  spur 
track  to  his  factory  and  to  allow  him  certain  freight 
rates.  Cedar  Rapids  &  I.  C.  Ry.  &  Lt.  Co.  v.  Chicago, 
R.  I.  &  P.  Ry.  Co.  (1910),  —  Iowa,  — ,  124  N.  "W. 
Rep.  323. 

Meaning  of  common  control.  As  to  what  is  meant  by 
a  carrier  by  water  being  under  "common  control"  with 
a  railroad.  Mutual  Transit  Co.  v.  U.  S.  (1910),  178 
U.  S.  664. 

Carriers  by  water.  The  interstate  commerce  act  does 
not  apply,  to  carriers  by  water  unless  they  are  under 
common  control  with  a  railroad.  Mutual  Transit  Co.  v. 
U.  S.  (1910),  178  U.  S.  664. 

Carrier  by  water  may  give  rebates.  A  carrier  by  water 
is  not  prohibited  by  the  interstate  commerce  act  from 
giving  rebates  where  it  is  not  under  "common  control" 
with  a  railroad.  Mutual  Transit  Co.  v.  U.  S.  (1910), 
178  Fed.  Rep.  664. 

Street  railways.  The  interstate  commerce  act  has  no 
application  to  the  carriage  of  street  railway  passengers 
from  Omaha,  Neb.,  to  Council  Bluffs,  Iowa.  Omaha  & 
C.  B.  St.  Ry.  Co.  V.  Interstate  Commerce  Commission 
(1910),  179  Fed.  Rep.  243,  citing  cases. 

Wild  game.  The  federal  statute  prohibiting  the  ship- 
ment in  interstate  commerce  of  wild  game  killed  in  vio- 
lation of  state  law  held  valid.  Rupert  v.  U.  S.  (1910), 
181  Fed.  Rep.  87. 

Shipment  to  state  line.  A  shipper  shipped  86  cars  of 
cattle  at  Valentine,  Texas,  to  El  Paso,  Texas,  by  rail. 
At  El  Paso  the  carrier  by  the  shipper's  directions  deliv- 
ered the  cars  to  a  connecting  carrier.  The  shipper  made 
a  new  contract  with  the  connecting  carrier  to  carry  the 
cattle  into  New  Mexico.  If  the  shipment  from  Valen- 
tine to  El  Paso  was  state  commerce,  the  railroad  might 
collect  $1,096.50  more  than  it  might  collect  if  the  ship- 
ment was  interstate  commerce.  Held  that  it  was  state 
commerce  and  that  the  railroad  might  collect  the  higher 
rate.  Wood  Hagenbarth  Cattle  Co.  v.  Galveston,  H.  & 
S.  A.  Ry.  Co.  (1910),  —  Tex.  Civ.  App.  — ,  130  S.  W. 
Rep  857. 


Carriers  dealers  in  merchandise — Illegal  rales.  When 
a  contract  of  a  carrier  for  sale  and  transportation  is 
illegal  under  the  interstate  commerce  act  because  the 
amount  charged  is  less  than  the  published  rates,  the 
contract  is  not  made  legal  because  the  carrier  is  also 
released  by  the  same  shipper  from  a  claim,  admitted 
by  the  carrier  and  amounting  to  more  than  the  differ- 
ence between  the  published  rates  and  the  amount 
charged  for  breach  oiF  a  prior  contract,  where  it  appears 
that  such  prior  contract  was  also  illegal  for  the  same 
reason.  Congress  has  undoubted  power  to  subject  to 
regulations  adopted  by  it  every  carrier  engaged  in  inter- 
state commerce,  and  although  the  interstate  commerce 
act  may  not  contain  an  express  prohibition  against  a 
carrier  becoming  a  dealer  in  commodities  transported 
by  it,  the  court  will  enforce  the  general  provision  of  the 
act,  although  in  so  doing  it  may  render  it  impossible 
for  the  carrier  to  deal  in  such  commodities.  N.  Y.  & 
N.  H.  R.  R.  Co.  V.  Interstate  C.  C;  I.  C.  C.  v.  C.  &  0. 
Ry.  Co.,  200  U.  S.  361. 

Through  routes.  The  carrier  is. not  obliged  to  for- 
ward by  a  cheaper  route  where  he  follows  the  instruc- 
tions given  by  the  shipper,  and  an  order  in  favor  of  the 
complaining  shipper  cannot  be  issued  when  the  testi- 
mony does  not  indicate  what  instructions  were  actually 
given.  Dewey  Bros.  Co.  v.  B.  &  0.  R.  Co.,  11  I.  C.  C. 
R.  481. 

Carrier  routing  car  by  expensive  and  indirect  route — 
Shipper  entitled  to  reparation.  Where  a  carrier,  con- 
trary to  positive  instructions  from  the  shipper,  routes  a 
car  by  an  indirect  and  expensive  route,  or,  without  any 
instructions,  sends  the  car  by  a  longer  route  so  as  to 
burden  the  shipper  with  needless  expense,  such  action  is 
prima  facie  unjust  and  unreasonable,  and  constitutes  a 
fair  basis  for  an  order  of  reparation.  Dewey  Bros.  Co 
V.  B.  &  0.  R.  Co.,  11  I.  C.  C.  R.  481. 

Furnishing  cars.  It  is  not  the  duty  of  carrier  to 
notify  shipper  when  he  can  obtain  cars  for  the  removal 
of  freight,  if  by  reasonable  inquiry  he  can  obtain  such 
information  himself.  R.  D.  &  Co.  v.  B.  &  0.  R.  R.  Co., 
1  I.  C.  C.  R.  608. 

Through  transportation — Joint  rates — Through  bill- 
ing. A  common  carrier  engaged  in  interstate  com- 
merce may  enter  into  a  contract  with  one  connecting 
carrier  for  through  transportation,  through  traffic, 
through  billing,  and  for  the  division  of  through  rates, 
without  being  obliged  to  enter  into  a  similar  contract 
with  another  connecting  carrier.  Gulf,  C.  &  S.  F.  Ry. 
Co.  V.  Miami  S.  S.  Co.,  86  Fed.  407. 

Connecting  road  may  refuse  through  billing.  A  con- 
necting road  doing  an  interstate  business  which  per- 
mits through  billing  and  routing  with  one  forwarding 
road,  although  the  latter  possesses  all  the  necessary 
tracks  and  terminal  facilities,  and  it  may  still  insist 
on  carrying  all  freight  offered  by  such  road  in  its  own 
cars,  and  to  that  end  require  reloading  and  rebilling  at 
local  rates.  Little  Rock  &  M.  R.  Co.  v.  St.  L.,  I.  M.  & 
S.  Ry.,  59  Fed.  400. 

Exclusive  contract — Through  rates.  Neither  public 
policy  nor  any  legislation  forbids  a  railroad  company 
engaged  in  interstate  commerce  to  make  an  exclusive 
contract  with  a  carrier,  whose  route  connects  with  and 
extends  beyond  that  of  such  railroad  company,  for 
through  billing  and  rating  over  the  connecting  line,  and 
by  which  such  carrier  is  given  the  exclusive  right  to 
receive  from  the  railroad  company  and  forward  freight 


122 


National  Association  of  Railway  Commissioners 


n 


destined   to  points  beyond  the  line  of  such  railroad. 
St.  Louis  D.  Co.  V.  L.  &  N.  R.  R.,  65  Fed.  39. 

Arrangement  for  through  billing.  There  is  no  prin- 
ciple of  common  law  which  forbids  a  railroad  corpora- 
tion or  two  or  more  such  corporations  from  selecting 
from  two  or  more  other  corporations  one  which  they  will 
employ  as  the  agency  by  which  they  will  send  freight 
beyond  their  own  line,  on  through  bills  of. lading,  or  as 
their  agent  to  receive  freight,  and  transmit  it  on  through 
bills  of  lading  to  their  own  lines  without  breaking  bulk ; 
and  the  right  to  make  such  selection  is  not  taken  away 
by  the  interstate  commerce  law.  Prescott  &  Ac.  R.  0. 
V.  A.,T.&  S.  F.  R.  R.,  73  Fed.  438. 

Parties.  In  a  suit  of  the  Interstate  Commerce  Com- 
mission against  a  railroad  company  to  enforce  obedience 
to  an  order  requiring  it  to  desist  from  the  enforcement 
of  a  rule  reserving  to  itself,  as  initial  carrier,  the  un- 
qualified right  of  routing  beyond  its  own  terminals  all 
shipments  made  under  an  established  through  joint  rate, 
the  connecting  carriers  joining  in  the  making  of  such 
rates,  while  proper,  are  not  necessary  parties.  Interstate 
Commerce  Commigsion  v.  So.  Pac.  Ry.  Co.,  123  Fed. 
597;  Interstate  C.  C.  v.  Texas  Pac.  Ry.  Co.,  52  Fed. 
187;  Interstate  C.  C.  v.  Texas  Pac.  Ry.  Co.,  162 
U.  S.  205. 

Additional  through  routes.  The  Interstate  Commerce 
Commission  has  no  power  under  the  act  of  June  29, 
1906,  c.  3591,  sec.  4,  34  Stat.  589,  to  establish  additional 
through  routes  and  joint  rates  where  one  reasonable  and 
satisfactory  through  route  already  exists.  Interstate 
Commerce  Commission  v.  Northern  Pacific  Ry.  Co. 
(1909),  —  IT.  S.  — ,  —  Sup.  Ct.  Eep.  — . 

Contract  of  carrier  for  future  rates.  On  January  1, 
1900,  in  consideration  that  a  Portland  cement  company 
would  build  its  plant  at  Syracuse,  Ind.,  the  Balti- 
more &  Ohio  Railroad  agreed  to  give  it  for  the  period 
of  20  years  specified  rates  for  the  carriage  of  its  prod- 
uct. Thereafter  the  railroad  filed  its  schedule  of  higher 
rates  with  the  Interstate  Commerce  Commission.  Held 
that  the  cement  company  could  not  force  the  railroad 
to  abide  by  the  rates  agreed  to  in  1900.  Sandusky  Port- 
land Cement  Co.  v.  Baltimore  &  0.  R.  Co.  (1911),  187 
Fed.  Rep.  583. 

Existing  contracts.  Held  that  an  interstate  carrier 
cannot  give  a  lower  rate  to  a  shipper  of  coal  based  on 
contracts  in  force  when  the  interstate  commerce  act  went 
into  effect  than  it  gives  to  other  shippers  between  the 
same  points  with  whom  it  has  no  contracts.  Pennsyl- 
vania R.  Co.  V.  International  Coal  Mining  Co.  (1909), 
173  Fed.' Rep.  1. 

Existing  contracts  not  affected.  The  anti-free-pass 
statute  of  New  Hampshire  held  not  to  affect  the  right 
of  a  person  to  receive  and  use  a  pass  for  which  he  had 
made  a  binding  contract  with  the  railroad  before  the 
passage  of  the  statute.  Emerson  v.  Boston  &  Maine  R. 
Co.  (1910),  75  N.  H.  427,  75  Atl.  Rep.  529.  See  also 
Sultan  Ry.  &  Timber  Co.  v.  Great  Northern  By:  Co. 
(1910),  —  Wash.  — ,  109  Pac.  Rep.  1020. 

Existing  contracts — Washington  statute.  The  Wash- 
ington Railway  Commission  act  providing  for  the  regu- 
lation of  freight  rates  held  not  to  abrogate  an  already 
existing  contract  between  a  railroad  and  a  logging  com- 
pany for  the  carriage  of  all  the  lumber  of  the  logging 
company  at  a  specified  rate.  Sultan  Ry.  &  Timber  Co. 
V.  Great  Northern  Ry.  Co.  (1910),  —  Wash.  — ,  109 
Pac.  Rep.  1020  and  321. 

Rates — Special  contracts.    Special  contracts  for  trans- 


portation between  railroad  and  shipper  held  vacated  by 
interstate  commerce  act.  Fairford  Lumber  Co.  v.  Tom- 
bigbee  V.  R.  Co.  (1910),  — •  Ala.  — ,  51  So.  Rep.  770 
and  774. 

Carrier  cannot  contract  against  its  own  negligence. 
A  carrier  cannot  by  contract  escape  liability  for  damages 
caused  by  its  negligence.  Siringfield  v.  Southern  Ry. 
Co.  (1910),  —  N.  C.  — ,  67  S.  E.  Rep.  333;  Virginia 
Breeding  &  Training  Assn.  v.  Southern  Ry.  Co.  (1910), 
—  U.  S.  — ,  67  S.  E.  Rep.  748. 

Failure  to  designate  route.  Where  the  tariff  filed  by 
an  interstate  railroad  carrier  does  not  designate  the 
route,  the  public  is  to  understand  that  the  natural  and 
direct  route  is  meant  and  not  some  other  roundabout 
route.  Standard  Oil  Co.  v.  U.  S.  (1910),  179  Fed. 
Rep.  614  and  623. 

Railroads — Merger.  The  Atlantic  Coast  Line  Rail- 
road Company,  incorporated  in  Virginia  and  having  its 
principal  offices  in  Richmond,  with  power  given  with 
its  charter  to  consolidate  with  itself  "other  corporations, 
entered  into  an  agreement  of  consolidation  and  merger" 
with  a  company  owning  connecting  lines,  incorporated 
in  other  States,  which  agreement  provided  that  the 
stock  of  the  second  company  should  be  retired  and  can- 
celed, and  stock  of  the  Coast  Line  Qompany  issued  iii 
its  place;  that  all  the  stock,  property,  and  franchises 
of  both  should  be  merged,  united,  and  consolidated, 
"so  as  to  form  a  merged,  united,  and  consolidated  com- 
pany;" that  said  merger,  union  and  consolidation  shall 
be  into  the  Atlantic  Coast  Line  Railroad  Company, 
which  is  to  continue  the  name  of  the  consolidated  com- 
pany ;  "and  that  its  office  should  remain  in  Richmond." 

Under  such  agreement  the  stock  of  the  second  com- 
pany was  canceled,  but  stock  previously  issued  by  the 
Coast  Line  Company  remained  outstanding  and  such 
company  took  charge  of  and  operated  all  lines  pre- 
viously owned  and  operated  by  either  company,  with- 
out any  change  of  its  management  or  control.  It  is 
held  that  such  agreement  effected  a  merger  and  not  a 
consolidation  and  that  the  Coast  Line  Company  con- 
tinued to  exist  as  a  Virginia  corporation.  Lee  v.  Atlan- 
tic, etc.,  R.  Co.,  150  Fed.  775. 

Railroads — Consolidation — Distinction  between  con- 
solidation and  merger.  There  is  a  distinct  difference 
between  a  consolidation  and  merger  of  two  railroad  com- 
panies. In  a  consolidation,  both  go  out  of  existence  as 
separate  corporations,  and  a  new  corporation  is  created, 
which  takes  the  place  and  property;  while  in  ease  of 
merger  one  loses  its  identity  by  absorption  in  the  other, 
which  remains  in  existence,  and  succeeds  to  its  property, 
and  issues  its  own  stock  to  the  stockholders  of  the 
merged  company.  Lee  v.  Atlantic  Coast  Line  R.  Co., 
150  Fed.  775,  citing  Atlantic,  etc.,  R.  Co.  v.  Georgia, 
98  U.  S.  359;  Vichsburg,  etc.,  Tulph  Co.  v.  Citizens' 
Tel.  Co.,  79  Miss.  341 ;  /.  Thompson  on  Corp.,  Sec.  396 ; 
Miss.,  etc.,  R.  R.  Co.  v.  Adams,  180  U.  S.  1;  Tunlinson 
V.  Branch,  15  Wall.  460;  Shields  v.  Ohio,  95  JJ.  S.  323; 
St.  Louis,  etc.,  R.  Co.  v.  Berry,  113  U.  S.  465. 

Schedule  of  rates — Icing  of  fruit  cars.  So  far  as  the 
accomplishment  of  the  great  purpose  of  the  interstate 
commerce  act  is  concerned,  it  would  not  seem  to  be  very 
material  whether  charges  for  icing  are  filed  at  a  special 
rate  per  ton  of  ice  furnished  and  therefore  separately 
stated  in  the  schedule,  or  measured  according  to  the 
weight  of  commodity,  subject  to  refrigeration  and  the 
distance  of  transportation,  in  which  event  they  might 
be  more  easily  covered  by  the  transportation  rates.    The 


Digest  of  Decisions 


123 


former  method  would  probably  result  in  a  close  approxi- 
mation of  charge  imposed  to  value  of  service  performed, 
and  be  more  adjustable  to  the  various  conditions  of  the 
seasons  and  demands  of  the  shippers,  while  the  latter 
might  the  better  conduce  to  the  simplicity  in  the  sched- 
ule. Which  it  should  be  adopted  would  seem  to  be  a  ques- 
tion of  practice  and  expediency  rather  than  one  of  law. 
Knudson  F.  Fruit  Co.  v.  Mich.  Cent.,  148  E^d.  973. 

Duty  to  furnish  suitable  facilities  includes  refrigerator 
cars.  Railroad  companies  are  required  at  common  law 
to  furnish  suitable  facilities  for  the  conduct  of  the  busi- 
ness in  which  they  engage,  and  it  follows  that  the  re- 
spondent railroad  companies,  holding  themselves  out  as 
carriers  of  perishable  fruit,  must  provide  the  necessary 
refrigerator  cars  for  the  transportation  of  that  traffic. 

Icing  car — Duty  of  carrier.  Icing  is  not  a  mere  inci- 
dent to  the  transportation  service,  but  is  a  part  of  the 
service  itself ;  and  a  railroad  company  which  holds  itself 
out  as  a  carrier  of  a  commodity  which  can  only  move 
under  refrigerators  is  in  duty  bound  to  furnish  that  re- 
frigeration. Refrigerator  Case,  11  Int.  Com.  Comm. 
E.  129. 

Carriers  responsible  for  the  refrigerators.  When  a 
railroad  company  insists  that  ice  shall  be  supplied  only 
by  the  party  whom  it  appoints,  and  where  it  collects 
from  the  shipper  and  passes  over  to  such  party  the  com- 
pensation for  that  service,  it  must  stand  responsible  for 
the  refrigeration  as  for  any  other  part  of  the  transporta- 
tion.   Id.  11  Int.  Com.  Comm.  E.  129. 

Interstate  commerce — Jurisdiction — Refrigeration — 
Charges.  Eefrigeration,  being  incumbent  upon  the  car- 
rier as  part  of  the  transportation,  the  charges  for  that 
service  stand  like  any  other  charge  for  transportation. 
It  is  the  duty  of  the  carrier  to  publish,  file  with  the 
commission,  and  observe  its  refrigeration  charges;  and 
the  commission  has  the  same  Jurisdiction  to  inquire  into 
the  justice  and  reasonableness  of  the  charges  as  of  any 
other  charges  for  the  transportation  of  passengers  or 
property.    Id.  11  Int.  Com.  Comm.  E.  129. 

It  is  not  within  the  province  of  the  commission  to 
prescribe  the  method  or  kind  of  refrigeration  charges 
which  shall  be  adopted  by  the  carrier.  Id.  11  Int.  Com. 
Comm.  R.  129. 

Rates  for  refrigeration  services.  The  defendants' 
charges  for  the  transportation  of  peaches  from  Macon 
and  Atlanta,  Ga.,  to  Philadelphia,  New  York,  Wash- 
ington and  Baltimore,  including  both  the  charges  for 
carriage  and  the  charges  for  refrigeration,  having  been 
complained  of  as  unreasonable  and  unjust,  after  full 
hearing,  held  that  defendants'  rates  per  100  pounds  for 
the  transportation  of  peaches,  other  than  refrigeration, 
from  Macon  and  Atlanta,  to-wit:  81  cents  to  Philadel- 
phia and  New  York  and  78  cents  to  Baltimore  and 
Washington,  and  their  refrigeration  charge  of  121/2  cents 
per  crate  of  42  pounds,  minimum  carload  550  crates, 
between  such  points  are  unreasonable  and  unjust;  and 
that  defendants'  practices  in  using  one  minimum  car- 
load requirement  for  transportation  service  other  than 
refrigeration  and  a  different  minimum  carload  for  re- 
frigeration service  are  also  unreasonable  and  unjust. 
Held  further  that  the  rate  for  transportation  other  than 
refrigeration  to  Philadelphia  and  New  York  on  carload 
shipments  should  not  exceed  76  cents  per  100  pounds, 
and  to  Baltimore  and  Washington  73  cents  per  100 
pounds,  such  rates  to  apply  on  a  carload  minimum  of 
20,000  pounds  for  36-foot  cars  and  22,500  pounds  for 
40-foot  cars,  and  that  the  refrigeration  charges  on  such 


shipments  should  not  exceed  11  cents  per  crate  of  42 
pounds  and  apply  on  a  carload  minimum  of  476  crates 
for  36-foot  cars  and  535  crates  for  40-foot  cars.  Held 
further  that  defendants'  demurrage  charge  of  $5  per  day 
for  detention  of  refrigeration  cars  by  shippers,  after 
expiration  of  twenty-four  hours'  free  time,  and  defend- 
ants' present  rates  on  less  than  carload  shipments  are 
not  shown  upon  the  record  to  be  unreasonable  and  un- 
just. Waxelbaum  &  Co.  v.  Atlantic  Coast  Line  R.  R. 
Co.,  12  Int.  Com.  Comm.  Eep.  205. 

Party  rate  ticket.  The  issue  by  a  railroad  company 
engaged  in  interstate  commerce  of  a  party  rate  ticket 
for  the  transportation  of  ten  or  more  persons  from  a 
place  situated  in  one  State  or  Territory  to  a  place  situ- 
ated in  another  State  or  Territory  at  a  rate  less  than 
charged  to  a  single  individual  for  a  like  transportation 
on  the  same  trip,  does  not  thereby  make  an  "unjust  and 
unreasonable  charge"  against  such  individuals  within 
the  meaning  of  Section  1  of  the  act  of  February  4,  1889, 
to  regulate  commerce,  nor  make  an  "unjust  discrimina- 
tion" against  him  within  the  meaning  of  Section  2  of 
that  act;  nor  give  an  undue  or  unreasonable  preference 
or  advantage  within  the  meaning  of  Section  2  of  that 
act;  nor  give  an  undue  or  unreasonable  preference  or 
advantage  within  the  meaning  of  Section  3.  Section  22 
of  that  act  as  amended  March  2,  1889,  provides  that  dis- 
crimination in  favor  of  certain  persons  therein  named 
shall  not  be  declared  unjust,  but  it  does  not  forbid  dis- 
crimination in  favor  of  others  under  circumstances  and 
conditions  so  substantially  alike  as  to  justify  the  same 
treatment.  Int.  Com.  Comm.  v.  B.  &  0.  R.,  145  IT.  S. 
263.  See  also  Int.  Com.  Comm.  v.  Alabama  Midland 
R.  Co.,  168  U.  S.  165. 

Prepayment  of  freight.  A  common  carrier  engaged 
in  interstate  commerce  may  at  common  law  and  under 
the  interstate  commerce  act  demand  prepayment  of 
freight  charges,  when  delivered  to  it  by  one  connecting 
carrier,  without  exacting  such  prepayment  when  deliv- 
ered by  another  connecting  carrier,  and  may  advance 
freight  charges  to  one  connecting  carrier  without  ad- 
vancing such  charges  to  another  connecting  carrier. 
Gulf  C.  &  S.  F.  Ry.  Co.  v.  Miami  S.  8.  Co.,  86  Fed. 
407 ;  Little  Roch  &  M.  R.  Co.  v.  St.  L.,  I.  M.  &  8.  Ry. 
Co.,  59  Fed.  400;  Ilwaco  Ry.,  etc.,  Co.  v.  Oregon  Ry., 
etc.,  Co.,  57  Fed.  673. 

Passes.  When  a  company  gives  gratuitously,  and  a 
passenger  accepts,  a  pass,  the  former  waives  its  right  as 
a  common  carrier,  to  exact  compensation ;  and  if  the  pass 
contains  a  condition  to  that  effect  the  latter  assumes  the 
risks  of  ordinary  negligence  of  the  company's  employe; 
the  arrangement  is  one  which  the  parties  may  make 
and  no  public  policy  is  violated  thereby.  And  if  the 
passenger  is  injured  or  killed  upon  riding  upon  such  a 
pass  gratuitously  given,  which  he  has  accepted  with 
knowledge  of  the  conditions  therein,  the  company  is  not 
liable  therefor,  either  to  him  or  to  his  heirs,  in  the 
absence  of  wilful  or  wanton  negligence.  Nor.  Pac.  Ry. 
Co.  V.  Adams,  192  U.  S.  440. 

Same.  The  duty  of  ascertaining  the  conditions  on 
which  a  free  pass  is  given  and  accepted  where  the  same 
are  plainly  printed  on  the  pass,  rest  upon  the  person 
accepting  and  availing  of  the  pass,  and  the  carrier  is 
not  bound  at  its  peril  to  see  that  the  conditions  are  made 
known.  Boering  v.  G.  B.  Ry.  Co.,  193  U.  S.  442; 
Quimby  v.  B.  &  M.  Ry  Co.,  150  Mass.  365;  Muldoon  v. 
S.  C.  Ry.  Co.,  10  Wash.  311 ;  Qriswold  v.  N.  Y.  &  P. 


IM 


National  Association  op  Railway  Commissioners 


Co.,  53  Conn.  371 ;  III.  Cent.  By.  Co.  v.  Read,  37  111. 
510 ;  Dwicm  v.  M.  C.  Ry.  Co.,  113  Fed.  508. 

Free  pass  or  free  ticket  not  used  not  transportation. 
The  subject  of  the  "preference"  or  "prejudice"  is  trans- 
portation of  either  persons  or  property.  The  act  no- 
where in  terms  prohibits  the  mere  issuing  of  free  tickets 
or  free  passes.  A  free  ticket  or  a  free  pass  not  used  is 
not  transportation;  it  is  not  a  preference  or  advantage 
to  the  holder,  nor  any  prejudice  or  disadvantage  to 
others.  In  re  Huntington,  68  Fed.  Rep.  881,  citing 
Griffee  v.  Burlington,  etc.,  R.  Co.,  2  Int.  Com.  Comm. 
Rep.  301. 

Passes  or  reduced  rates  to  telegraph  company  operat- 
ing along  railroad  company's  right  of  way.  As  a  tele- 
graph service  along  its  right  of  way  is  essential  to  the 
safe  operating  of  its  trains,  a  railroad  company  or  a 
group  of  separately  incorporated  roads,  generally  recog- 
nized as  a  "railway  system,"  may  lawfully  contract  to 
furnish  free  or  reduced  rates  transportation  to  a  tele- 
graph company  for  such  of  its  officers,  men,  materials, 
and  supplies  as  are  required  in  maintenance  and  opera- 
tion of  such  a  telegraph  line  and  service  upon  its  own 
right  of  way;  and  the  legality  of  such  free  or  reduced 
rates  transportation  is  not  affected  by  the  fact  that  the 
telegraph  company  may  also  use  such  telegraph  line  in 
connection  with  its  telegraph  service  to  the  public.  In 
re  Railroad-Telegraph  Companies,  12  Int.  Com.  Comm. 
Rep.  11. 

Prior  contract  to  furnish  passes  not  affected  by  inter- 
state commerce  act.  The  att  of  congress,  June  29,  1906, 
Sec.  2,  6,  34  Stat.  584,  c.  3591,  prohibiting  interstate 
carriers  from  issuing  free  transportation  or  receiving 
different  compensation  for  transportation  of  persons  or 
property  between  points  named  in  public  tariff  than  the 
rates,  fares,  and  charges  specified  in  the  tariff  did  not 
invalidate  a  contract  made  October  2,  1891,  by  which 
an  interstate  carrier,  in  consideration  of  a  release  of 
damages  for  injuries  to  complainants,  contracted  to 
issue  free  passes  over  its  line  to  the  complainants  dur- 
ing their  natural  lives,  nor  did  such  act  authorize  the 
carrier  to  refuse  longer  to  issue  passes  good  beyond  the 
boundaries  of  the  State.  Mottley  v.  Louisville  &  N  R. 
Co.,  150  Fed.  407. 

Just  and  reasonable  rates.  The  purpose  of  the  act  is 
to  promote  and  facilitate  commerce  by  the  adoption  of 
regulations  to  make  charges  for  transportation  just  and 
reasonable  and  forbid  undue  and  unreasonable  preference 
or  discrimination.  Texas  &  P.  Ry.  Co.  v.  Int.  Com 
Comm.,  162  U.  S.  197. 

Same— Elements  affecting  determination  of  rates.  In 
determining  whether  a  particular  rate  is  just  and  rea- 
sonable the  interest  of  the  carrier,  the  shipper  and  the 
public  must  all  be  considered.  Int.  Com.  Comm.  v. 
Cincinnati,  etc.,  R.  Co.,  167  U.  S.  511;  Covington,  etc.. 
Road  Co.  V.  Sanford,  164  U.  S.  578;  Texas,  etc.,  R.  Co. 
V.  Int.  Com.  Comm.,  162  U.  S.  197;  Int.  Com.  Comm. 
V.  Alabama  M.  R.  Co.,  74  Fed.  715;  Int.  Com.  Comm. 
V.  Southern  R.  Co.,  105  Fed.  703. 

Same.  The  greatest  weight  should  be  given  to  the 
following  considerations:  The  opinion  of  expert  wit- 
nesses ;  the  effect  of  the  rate  charged  on  the  growth  and 
prosperity  of  the  city ;  the  cost  of  transportation  as  com- 
pared with  the  rates  charged,  and  the  rates  in  force  at 
numerous  other  cities,  when  the  circumstances  are 
similar  to  those  prevailing  at  such  city.  Int.  Com. 
Comm.  V.  Southern  Ry.  Co.,  117  Fed.  741. 


Same.  The  words  "reasonable"  and  "just,"  a 
in  the  statute  as  applied  to  rates,  are  each  relative 
terms.  They  do  not  mean  to  imply  that  the  rates  upon 
every  railroad  engaged  in  interstate  commerce  shall  be 
the  same  or  even  about  the  same.  The  conditions  and 
circumstances  surrounding  the  traffic  of  each  road,  and 
which  enter  into  and  control  the  nature  and  character  of 
the  service  performed  by  the  carrier  in  the  transporta- 
tion of  the  property,  such  as  the  cost  of  transportation, 
which  involves  volume  or  lightness  of  traffic,  expenses  of 
construction  and  operation,  competition  in  some  respects 
of  carriers  not  subject  to  the  law,  rates  made  by  shorter 
and  competing  lines  to  the  same  points  of  destination, 
space  occupied  by  freight,  value  of  freight  and  risk  ol' 
earnings  to  carrier,  all  have  to  be  considered  in  deter- 
mining whether  a  given  rate  is  "reasonable"  and  "just.' 
Tested  by  these  rules,  a  rate  may  be  a  very  reasonable 
and  just  rate  on  one  railroad  and  not  reasonable  anc 
just  on  another.  New  Orleans  Cotton  Exchange  v.  R 
R.  Co.,  2  Int.  Com.  Rep.  375 ;  3  I.  C.  C.  R.  534.  Sec 
also  Int.  Com.  Comm.  v.  East  Tennessee,  etc.,  R.  Co. 
85  Fed.  107;  Int.  Com.  Comm.  v.  Louisville,  etc.,  R.  Co. 
73  Fed.  409. 

Same.  On  the  question  of  what  are  just  and  fail 
rates  to  any  particular  locality,  it  is  necessary  to  see 
what  rates  are  given  to  other  localities.  They  cannot  bt 
considered  by  themselves.  Low  rates  to  one  place  maj 
not  be  just  and  fair  if  still  lower  rates  are  given  tc 
another.  Where  a  road  makes  the  same  charge  to  one 
point  that  it  does  to  another  only  one-third  or  two-thirdt 
the  distance  on  the  same  line,  presumptively  its  charges 
to  the  last-mentioned  point  are  unjust  and  illegal.  Int 
Com.  Comm.  v.  Cincinnati,  etc.,  R.  Co.,  167  U.  S.  511. 

Same — Basis  of  calculation.  The  basis  of  all  calcula- 
tions as  to  reasonableness  of  rates  .  .  .  must  be  tht 
fair  value  of  the  property  being  used.  ...  To  as- 
certain that  value  the  original  cost  of  construction,  th( 
amount  expended  in  permanent  improvements,  th( 
amount  and  market  value  of  its  bonds  and  stocks,  tht 
present  as  compared  with  the  original  cost  of  construc- 
tion, the  probable  earning  capacity,  under  particulai 
rates  prescribed  by  statute,  and  the  sum  required  to  meel 
operating   expenses,   are   all  matters  of   consideration 

.  .  .  \Vliat  the  company  is  entitled  to  ask  is  f 
fair  return  upon  the  value  of  that  which  it  employs  foi 
the  public  convenience. 

On  the  other  hand,  what  the  public  is  entitled  to  de- 
mand is  that  no  more  be  exacted  from  it  for  the  use  ol 
a  public  highway  than  the  services  rendered  by  it  arc 
reasonably  worth.    Smyth  v.  Ames,  169  U.  S.  546-7. 

Same.  Expenditures  for  permanent  improvements 
and  equipment  should  not  be  charged  to  the  current  or 
operating  expenses  of  a  single  year  for  the  purpose  o!' 
testing  the  re&sonableness  of  an  increased  freight  rate. 
Illinois  Central  Co.  v.  Int.  Com.  Comm.,  206  U.  S.  441. 

Same — Presumption  from  former  rates.  To  whatever 
extent  long  previous  existence  of  lower  rates  in  actual 
use  may  justify  an  inference  or  presumption  that  they 
are  sufficiently  high,  the  mere  publication  of  such  rates, 
under  which  there  has  been  no  appreciable  movement  of 
traffic,  is  not  conclusive  proof  that  they  are  reasonably 
remunerative  to  the  carriers.  R.  R.  Shiel  &  Co.  v.  Illi- 
nois Central  R.  R.  Co.,  12  I.  C.  C.  Rep.  p.  242. 

Same — No  presumption  rates  filed  are  reasonably  low. 
No  presumption  of  law  that  a  freight  rate  upon  a  par- 
ticular commodity  is  reasonably  low,  exists  because  such 
rate  has  been  duly  published  and  filed  by  the  carrier 


DiOBST  OF  DbOISIONB 


125 


♦ith  the  Interstate  Ck>mmerce  Commission.  Illinois 
Central  R.  R.  Co.  v.  Int.  Com.  Comm.,  206  U.  S.  441. 

Carriers  may  not  lawfully  refuse  transportation. 
Under  the  act  to  regulate  commerce  as  amended,  car- 
riers subject  to  its  provisions  may  not  lawfully  refuse 
transportation  as  therein  defined,  but  they  must,  upon 
reasonable  request,  afford  the  same  upon  established 
rates  filed  and  kept  posted  as  required  by  law.  'Waa:el- 
baum  &  Co.  v.  Atlantic  Coast  Line  R.  R.  Co.,  12  Int. 
Com.  Comm.  Eep.  205. 

Continuance  of  rate.  There  can  be  no  vested  right 
to  the  continuance  of  a  railroad  rate.  Oalveston  Cham- 
ber of  Commerce  v.  Railroad  Commission  of  Texas 
(1911),  —  Tex.  Civ.  App.  — ,  137  S.  W.  Kep.  737,  747. 

Rates  for  export  shipment.  The  Louisiana  Railroad 
Commission  held  to  have  no  jurisdiction  to  fix  rates 
from  points  in  Louisiana  to  New  Orleans  for  export 
shipment  and  that  an  interstate  road  must  charge  for 
such  shipments  the  rates  fixed  by  their  schedules  filed 
with  the  Interstate  Commerce  Commission.  Texas  *&  P. 
R.  Co.  V.  Railroad  Commission  of  La.  (1910),  183  Fed. 
Rep.  1005. 

No  power  over  foreign  rates.  A  shipper  contracted 
with  a  railroad  to  carry  cotton  from  Sherman,  Tex.,  to 
Europe  at  a  certain  rate  per  100  lbs.,  the  railroad 
to  select  and  pay  the  ocean  carrier.  Held  that  the 
transaction  was  not  governed  by  the  interstate  commerce 
law  and  that  the  railroad  might  charge  lower  rates  to 
the  ocean  port  than  those  filed  with  the  Interstate  Com- 
merce Commission.  St.  Louis,  8.  F.  &  T.  Ry.  Co.  v. 
Birge-Forbes  Co.  (1911),  —  Tex.  Civ.  App.  — ,  139  S. 
W.  Rep.  3.  The  court  distinguished  the  case  of  Armour 
V.  United  States,  209  U.  S.  56,  28  Sup.  Ct.  Rep.  428,  52 
L.  Ed.  681,  where  the  shipper  had  himself  selected  and 
had  himself  contracted  with  ocean  carriers  for  the  ocean 
voyage  of  meat  shipped  from  Chicago  and  then  con- 
tracted with  the  railroad  for  the  carriage  from  Chicago 
to  the  ocean.    That  was  interstate  commerce. 

Rates  for  hauling  over  spur  tracks.  An  interstate  car- 
rier may  make  a  charge  for  hauling  cars  over  spur  tracks 
from  industrial  plants  to  its  road  in  addition  to  the 
rates  filed  with  the  Interstate  Commerce  Commission. 
Atchison,  T.  &  S.  F.  Ry.  Co.  v.  Interstate  Commerce 
Commissim  (1911),  188  Fed.  Rep.  229  (Commerce 
Court). 

Shippers  may  pool  their  freight.  An  interstate  car- 
rier cannot  prevent  shippers  from  pooling  their  goods 
for  the  purpose  of  getting  carload  rates.  Interstate 
Commerce  Commission  v.  Delavmre,  Lackawanna  &  W. 
R.  Co.  (1910),  —  U.  S.  — ,  31  Sup.  Ct.  Rep.  392,  re- 
versing 166  Fed.  Rep.  499. 

Rates  should  pay  six  per  cent  besides  reserve.  Rail- 
roads engaged  in  intrastate  business  in  Arkansas  held 
entitled  to  charge  rates  which  will  pay  6  per  cent  per 
year  on  the  assessed  valuation  of  their  property  so 
employed  and  allow  one  and  one-half  per  cent  to  be  set 
aside  as  a  reserve.  Rates  established  by  the  State  Rail- 
road Commission  held  confiscatory  and  set  aside.  Arkan- 
sas Rate  Cases  (1911),  187  Fed.  Rep.  290. 

Rates — Effect  on  entire  territory  to  be  considered. 
In  fixing  a  rate  the  Interstate  Commerce  Commission 
should  take  into  consideration  not  only  the  railroad  di- 
rectly before  the  court,  but  should  consider  also  the 
probable  effect  that  any  change  in  rates  they  might  make 
would  have  on  the  entire  territory  served  by  that  and 
connecting  roads.  The  commission  found  that  the  rates 
between  Cincinnati  and  Chattanooga  over  the  Cincinnati 


Southern,  considered  by  themselves,  were  too  high,  but 
that  a  reduction  in  those  rates  would  be  met  by  other 
reductions  covering  a  wide  territory  and  that  the  effect 
on  the  whole  would  be  injurious.  It  therefore  refused 
to  make  any  reduction.  Held  that  it  was  justified  in  so 
doing.  Hooker  v.  Interstate  Commerce  Commission 
(1911),  188  Fed.  Eep.  242.  Archbald  and  Mack,  JJ., 
dissenting. 

Freight  rates — Expenditures  for  personal  injuries. 
In  determining  the  fairness  of  freight  rates  the  court 
may  take  into  consideration  the  amounts  of  money  the 
carrier  is  obliged  to  pay  out  on  account  of  i>ersonal 
injuries.  Arkansas  Rate  Cases  (1911),  187  Fed.  Rep. 
290. 

Order  requiring  lessee  railroad  to  reduce  fares.  A 
railroad  commission  may  require  a  lessee  company  oper- 
ating a  railroad  to  reduce  fares  without  making  the 
lessor  company  a  party  to  the  proceeding.  People  v. 
Public  Service  Commission  of  Second  District  (1910), 
140  App.  Div.  (N.  Y.)  839,  125  N.  Y.  Supp.  1000. 

Delay  no  bar  to  relief  against  confiscatory  rates.  The 
fact  that  a  railroad  has  submitted  to  confiscatory  rates 
for  a  considerable  time  does  not  bar  its  right  to  an 
order  temporarilv  restraining  the  further  enforcement  of 
such  rates.  Love  v.  Atchison,  T.  &  S.  F.  R.  Co.  (1911), 
185  Fed.  Rep.  321. 

Rates — Natural  advantages  of  locality.  Any  rate  is 
discriminatory  and  illegal  that  deprives  any  given  local- 
ity of  its  natural  advantages  in  order  to  equalize  its 
commercial  advantages  with  those  of  other  competing 
localities.  Galveston  Chamber  of  Commerce  v.  Railroad 
Commission  of  Te<cas  (1911),  —  Tex.  Civ.  App.  — , 
137  S.  W.  Rep.  737,  748. 

Carrier  may  proceed  in  court  in  first  instance.  A 
railroad  may  maintain  its  suit  in  a  Federal  court  to 
enjoin  the  enforcement  of  rates  fixed  by  a  State  rail- 
road commission  without  first  making  application  to  the 
State  Railroad  Commission  for  a  reduction.  Arkansas 
Rate  Cases  (1911),  187  Fed.  Rep.  290. 

Bill  to  enjoin  rates — Requisites.  Requisites  of  a  bill 
in  equity  to  enjoin  the  enforcement  of  rates  fixed  by  a 
railroad  commission.  Southern  Pacific  Co.  v.  Camp- 
bell (1911),  189  Fed.  Rep.  182. 

Three-cent  fares  to  children.  The  giving  of  three-cent 
fares  to  school  children  is  not  an  unreasonable  prefer- 
ence. Nor  is  carrying  small  children  free.  Public 
Service  Ry.  Co.  v.  Board  of  Public  Utility  Commis- 
sioners (1911),  —  N.  J.  — ,  80  Atl.  Eep.  27. 

Burden  of  proof  in  rate  case.  The  burden  is  on  the 
carrier  to  show  that  a  rate  established  by  a  state  cor- 
poration commission  is  unreasonable.  Washington 
Southern  Ry.  Go.  v.  Commonwealth  (1911),  —  Va.  — , 
71  S.  E.  Rep.  539. 

Illegality  of  rate  contract — Burden  of  proof.  Where 
the  shipper  makes  a  prima  facie  case  of  a  legal  contract 
for  the  carriage  of  his  freight,  the  burden  is  on  the  car- 
rier to  show  that  the  contract  was  in  fact  illegal.  St. 
Louis,  S.F.  &  T.  Ry.  Co.  v.  Birge-Forbes  Co.  (1911), 
—  Tex.  Civ.  App.  — ,  139  S.  W.  Eep.  3. 

Expert  evidence  as  to  reasonableness.  Expert  evidence 
by  a  railroad  commissioner  is  admissible  as  to  whether 
a  given  rate  between  given  points  would  be  reasonable 
with  reference  to  its  effect  on  the  revenue  of  the  rail- 
road. Oalveston  Chamber  of  Commerce  v.  Railroad 
Commission  of  Texas  (1911),  —  Tex.  Civ.  App.  — , 
137  S.  W.  Rep.  737,  749. 

Rates — Expensive  management.     Expensive  manage- 


126 


National  Association  of  Railway  Commissioners 


^ 


meiit  of  a  railroad  will  not  justify  higher  rates.  Wood- 
side  V.  Tonopah  £  G.  B.  Co.  (1911),  184  Fed.  Eep. 
358,  362. 

Rate  order  enjoined  until  hearing.  Order  reducing 
the  rate  on  lemons  between  the  Eocky  Mountains  and 
the  Atlantic  Coast  from  $1.15  to  $1.00  per  100  pounds 
enjoined  until  the  cause  can  be  determined  by  the  Inter- 
state Commerce  Court.  Atchison,  T.  &  S.  F.  Ry.  Go.  v. 
Interstate  Commerce  Commission  (1910),  182  Fed.  Eep. 

189.         ; 

Carrier  may  require  prepayment.  Held  that  a  common 
carrier  may  discriminate  between  shippers  in  the  giving 
of  credit,  may  require  some  to  prepay  cliarges  and  give 
time  to  others.     A.  0.  Rtissell  Co.  v.  Miller  (1910), 

—  Miss.— ,53: So.  Eep., 495. 

Commission  rates  deemed  reasonable.  Eates  made  by 
the  Texas  Eailroad  Commission  deemed  reasonable  until 
found  unreasonable  in  "a  direct  action  brought  for  that 
purpose,"  under  the  Texas  statute.  Galveston  Chamber 
of  Commerce  v.  Railroad  Commission  of  Texas  (1911), 

—  Tex.  Civ.  App.  — ,  137  S.  W.  Eep.  737,  745. 
Enjoining  rates  given  out  by  commission.    In  a  suit 

to  enjoin  rates,  given  out  by  a  railroad  commission,  the 
only  considerations  that  can  influence  the  court  are  "the 
reasonableness  and  justness  of  the  rates  complained  of.'" 
Galveston  Chamber  of  Commerce  v.  Railroad  Commis- 
sion of  Texas  (1911),  —  Tex.  Civ.  App.  — ,  137  S. 
W.  Eep.  737,  747. 

Suit  to  enjoin  rates — Bes  adjudicata.  A  suit  by  the 
Galveston  Chamber  of  Commerce  and  various  persons 
engaged  in  wholesale  trade  or  farming  at  Galveston  to 
enjoin  the  enforcement  of  rates  that  discriminate  against 
Galveston  is  not  barred  by  an  adverse  judgment  in  a 
similar  suit  brought  by  others  who  attacked  the  same 
system  of  rates.  Galveston  Chamber  of  Commerce  v. 
Railroad  Commission  of  Texas  (1911),  —  Tex.  Civ. 
App.  — ,  137  S.  W.  Eep.  737,  746. 

The  Galveston-Houston  Rate  Case.  An  action  to 
enjoin  the  enforcement  of  railroad  rates  is  held  to  be  an 
action  in  rem.  Galveston  Chamber  of  Cornmerce  v.  Rail- 
road Commission  of  Texas  (1911),  —  Tex.  Civ.  App. 
— ,  137  S.  W.  Eep.  737,  746. 

Blanket  rates.  Blanket  or  group  rates  must  be  made 
with  as  little  inequality  as  possible.  If  they  unjustly 
discriminate  they  are  illegal.  Galveston  Chamber  of 
Commerce  v.  Railroad  Commission  of  Texas    (1911), 

—  Tex.  Civ.  App.  — ,  137  S.  W.  Eep.  737,  748. 
Rates  set  aside  as  discriminatory.    A  system  of  rates 

set  aside  by  the  court  as  discriminating  against  Gal- 
veston and  in  favor  of  Houston  sufficiently  to  overcome 
the  natural  advantages  of  Galveston.  Galveston  Cham- 
ber of  Commerce  v.  Railroad  Commission  of  Texas 
(1911),  —  Tex.  Civ.  App.  — ,  137  S.  W.  Eep.  737,  753. 

Discrimination  in  colce  rates  between  Buffalo  and 
Pittsburgh.  Iron  manufacturers  in  the  Buffalo  district 
cannot  maintain  their  bill  in  equity  to  enjoin  a  proposed 
advance  in  rates  for  the  carriage  of  coke  from  the  Con- 
nellsville  district  to  Buffalo  on  the  ground  that  the 
charge  will  discriminate  unduly  in  favor  of  Pittsburgh 
and  Gary  and  will  do  irreparable  injury  to  Buffalo 
before  the  Interstate  Commerce  Commission  can  cor- 
rect it.  Wickwire  Steel  Co.  v.  New  York  Central  & 
H.  R.  R.  Co.  (1910),  181  Fed.  Eep.  316,  citing  Balti- 
more &  0.  R.  Co.  V.  Pitcairn  Coal  Co.  (1910),  215  U.  S. 
481,  30  Sup.  Ct.  Eep.  164,  54  L.  Ed. 

Rates  enjoined  as  confiscatory.  The  Corporation  Com- 
mission of  Oklahoma  held  properly  restrained  by  in- 


junction from  enforcing  a  series  of  rates  which  the  court 
held  to  be  confiscatory.  Love  v.  Atchison,  Topeka  &  S. 
F.  Ry.Co.  (1911),  185  Fed.  Eep.  321. 

Accidental  overcharge — Bogus  charge  for  storage.  An 
overcharge  that  is  merely  accidental  does  not  subject 
the  railroad  to  the  penalty  provided  by  the  interstate 
commerce  act,  but  a  wilful  charge  for  storage  covering 
time  when  the_  freight  had  not  yet  reached  the  freight 
warehouse  justifies  a  conviction.  United  States  v.  Texas 
&  P.  R.  Co.  (1911),  185  Fed.  Eep.  820. 

When  rate  may  be  enjoined.  A  Circuit  Court  will  not 
enjoin  a  rate  established  by  the  Interstate  CommeMe 
Commission  unless  it  is  clearly  beyond  the  commission's 
authority  and  is  confiscatory  of  complainant's  property. 
Louisville  &  N.  R.  Co.  v.  Interstate  Commerce  Commis- 
sion (1910),  184  Fed.  Eep.  118. 

Power  to  fix  future  rates.  Congress  may  delegate  to 
the  Interstate  Commerce  Commission  power  to  fix  future 
rates.  Louisville  &  N.  R.  Co.  v.  Interstate  Commerce 
Commission  (1910),  184  Fed.  Eep.  118. 

Railroad,  after  settling  with  shipper,  may  collect  full 
rate.  A  railroad  having  carried  an  interstate  shipment 
at  a  rate  below  the  legal  rate,  may  deliver  the  goods,  re- 
ceive the  stipulated  price,  and  then  maintain  its  suit 
against  the  shipper  to  recover  the  difference  between  the 
rate  charged  and  the  legal  rate.  Baltimore  &  Ohio  S.  W. 
Ry.  Co.  v.  New  Albany  Box  &  Basket  Co.  (1911), 
—  Ind.  — ,  94  K  E.  Eep.  906. 

Railroad  not  bound  by  mistake  as  to  weight  of  freight 
carried.  A  railroad  carried  and  delivered  goods  weigh- 
ing 16,800  pounds  under  the  mistaken  belief  that  they 
weighed  only  10,000  pounds.  The  shipper  paid  on 
10,000  pounds  at  75  cents  per  100  pounds  and  was 
likewise  ignorant  of  the  actual  weight.  Held  that  the 
railroad  could  thereafter  maintain  its  action  to  recover 
the  schedule  rate  on  16,800  pounds  less  the  amount 
actually  paid.  Pennsylvania  R.  Co.  v.  Moqi  (1911), 
128  N.  Y.  Supp.  643. 

Ignorance  of  rate  no  defense.  A  carrier  cannot  plead 
ignorance  of  a  rate  which  it  has  filed  with  the  Interstate 
Commerce  Commission,  when  it  is  prosecuted  for  charg- 
ing less  than  the  rate  filed.  United  States  v.  Merchants' 
&  Miners'  Transp.  Co.  (1911),  187  Fed.  Eep.  363. 

Shipper  indictable  for  securing  illegal  rates.  A  ship- 
per may  be  indicted  for  securing  from  a  railroad  lower 
rates  than  those  permitted  under  the  provisions  of  the 
interstate  commerce  act.  United  States  v.  Miller  (1911), 
187  Fed.  Eep.  375. 

Order  for  reparation  for  excessive  freight  charge. 
The  Interstate  Commerce  Commission  cannot  make  a 
valid  order  of  reparation  for  excessive  freight  charges 
without  first  establishing  a  reasonable  maximum  rate  to 
be  observed  in  the  future.  Denver  &  R.  G.  R.  Co.  v. 
Baer  Bros.  Mercantile  Co.  (1911),  187  Fed.  Eep.  485. 

Suit  to  compel  reparation  by  carrier.  An  action  by 
a  shipper  against  a  carrier  to  compel  the  carrier  to 
comply  with  an  order  by  which  the  Interstate  Commerce 
Commission  requires  the  carrier  to  pay  the  shipper 
money  in  reparation  is  an  action  of  tort  and  therefore  no 
affidavit  of  defense  need  be  filed  by  the  carrier.  Nay- 
lor  &  Co.  V.  Lehigh  Valley  R.  Co.  (1911),  188  Fed.  Eep. 
860. 

Wrong  rate  by  mistake.  Where  a  railroad  by  mistake 
contracts  to  carry  goods  at  a  prohibited  rate,  it  need  not 
deliver  the  g'oods  to  the  shipper,  or  consignee  until  the 
correct  rate  is  paid.  St.  Louis,  I.  M.  &  S.  Ry.  Co.  t>. 
Wolf  (1911),  —  Ark.  — ,  139  S.  W.  Rep.  636. 


Digest  of  Decisions 


127 


Transportation  in  payment  for  advertising  enjoined. 
The  Monon  Eoute  enjoined,  at  the  suit  of  the  United 
States,  from  issuing  transportation  in  payment  for  ad- 
vertising. Chicago,  I.  &  L.  R.  Co.  v.  United  States 
(1910),  219  U.  S.  486,  31  Sup.  Ct.  Eep.  272,  —  L.  Ed. 
— ,  affirming  86  Ark.  412,  111  S.  W.  Eep.  456.  See  also 
Louisville  &  Nashville  R.  Co.  v.  Mottley  (1910),  219 
U.  S.  467,  31  Sup.,  Ct.  Eep.  265.  L 

Railroad  may  carry  its  own  coal  free.  A  railroad  may 
carry  coal  received  from  another  State  which  is  intended 
for  its  own  consumption,  from  the  station  to  which  it  is 
shipped  to  its  coal  pocket  between  that  and  the  next  sta- 
tion, free  of  charge  without  being  guilty  of  any  violation 
of  the  interstate  commerce  act.  Montpelier  &  W.  R.  Co. 
V.  United  States  (1911),  187  Fed.  Eep.  271. 

Shipper  may  insist  on  through  route. .  A  shipper  has 
a  right  to  have  his  freight  carried  over  the  lines  joining 
in  a  schedule  of  rates  filed  with  the  Interstate  Commerce 
Commission  and  at  the  rates  therein  specified.  Dicker- 
son  v.  Louisville  &  N.  R.  Co.  (1910),  187  Fed.  Eep.  874. 

Railroads  fined  for  releasing  demurrage  charges.  The 
Lehigh  Valley  Eailroad  filed  certain  demurrage  rules 
with  the  Interstate  Commerce  Commission.  So  did  the 
Eeading.  Thereafter  the  two  railroads  released  to  the 
Bethlehem  Steel  Company  charges  aggregating  over 
$180,000  which  had  accrued  under  those  rules.  Held 
that  the  evidence  justified  the  imposition  of  a  fine  of 
$20,000  on  each  of  the  three.  Lehigh  Valley  R.  Co.  v. 
United  States  (1911),  188  Fed.  Eep.  879. 

Demurrage — Defense  that  cars  were  bunched.  A 
railroad  sued  a  consignee  of  freight  for  demurrage  on 
cars  delivered  to  its  plant.  Held  that  it  was  a  sufficient 
defense  that  the  cars  were  delivered  by  the  carrier  so 
bunched  that  it  was  impossible  to  handle  and  unload 
them.  Louisville  &  N.  R.  Co.  v.  Empire  State  Chemical 
Co.  (1911),  189  Fed.  Eep.  174. 

Carrier  obliged  to  follow  its  rules.  A  carrier  is  re- 
quired to  file  its  rules  as  well  as  its  rates  with  the 
Interstate  Commerce  Commission  and  is  punishable  for 
failing  thereafter  to  observe  them.  Lehigh  Valley  R.Co.v. 
United  States  (1911),  188  Fed.  Eep.  879. 

Carrier  may  repudiate  illegal  contract.  A  carrier  may 
repudiate  its  contract  to  carry  goods  at  an  illegal  rate. 
Baltimore  &  0.  S.  W.  Ry.  Go.  v.  New  Albany  Box  & 
Basket  Co.  (1911),  —  Ind.  App.  — ,  94  N.  E.  Eep. 
906. 

Rebates — Original  jurisdiction  of  the  courts.  The 
courts  still  may  have  original  jurisdiction  of  discrimi- 
nation growing  out  of  rebates  secretly  paid  by  the  carrier 
to  favored  shippers  notwithstanding  the  Hepburn 
amendment  of  June  29, 1906,  to  the  interstate  commerce 
act.  Langdon  v.  Pennsylvania  R.  Co.  (1911),  186  Fed. 
Eep.  237. 

Penalty  for  discrimination  held  reasonable.  A  rail- 
road carried  for  one  shipper  a  carload  of  oats  from 
Pleasant  Plains,  111.,  to  East  St.  Louis,  111.,  at  7  cents 
per  100  pounds,  and  on  the  same  day  charged  another 
shipper  8  cents  per  100  pounds  for  carrying  a  like  car- 
load of  oats  from  Pleasant  Plains  to  East  St.  Louis. 
An  action  of  debt  for  the  statutory  penalty  of  not  less 
than  $1,000  nor  more  than  $5,000  was  brought  by  the 
people  and  a  fine  of  $1,000  was  imposed.  Held  the 
statute  was  constitutional  and  the  penalty  was  not  dis- 
proportioned  to  the  offense.  People  v.  Baltimore  &  Ohio 
8.  W.  R.  Co.  (1910),  246  111.  474,  92  N.  E.  Eep.  934. 

Penalty  for  unjust  discrimination.  A  penalty  of 
$1,000  to  $5,000  for  unjust  discrimination  held  propor- 


tioned to  the  offense.    People  v.  Baltimore  &  Ohio  S.  W. 
R.  Co.  (1910),  246  111.  474,  92  N.  E.  Eep.  934. 

Shipper  may  recover  excess  freight  paid.  A  shipper 
may  recover  back  from  a  carrier  the  amount  collected'  by 
the  carrier  for  the  carriage  of  merchandise  in  excess  of 
the  rates  fixed  bv  law.  Chapman  &  Dewey  Land  Co.  v. 
Jonesboro  L.  C.  &  E.  R.  Co.  (1911),  —  Ark.  — , 
133  S.  W.  Eep.  1119,  1121,  citing  Texas  &  P.  R.  Go. 
V.  Abilene  Cotton  Oil  Co.  (1906),  204  U.  S.  426,  27 
Sup.  Ct.  Eep,  350,  51  L.  Ed.  553. 

Carrier  may  discriminate  as  to  credit  allowed  shippers. 
Held  that  a  caiTier  may  require  some  of  its  patrons  to 
prepay  freight  charges  and  not  require  prepayment  by 
others.  A.  G.  Russell  Co.  v.  Miller  (1910),  —  Miss.  — , 
53  So.  Eep.  495. 

Remedies  of  shipper  against  discrimination.  A  ship- 
per injured  by  discrimination  in  the  furnishing  of  coal 
cars  must  apply  to  the  Interstate  Commerce  Commis- 
sion before  bringing  suit  in  the  courts  for  damages. 
The  statutory  remedy  supersedes  the  remedy  by  suit  at 
law.  Morrisdale  Goal  Co.  v.  Pennsylvania  R.  Co.  (1-910)  j 
183  Fed.  Eep.  929.  '     ' 

Discrimination — How  proven.  A  prima  facie  Case 
of  unjust  discrimination  is  made  out  by  proof  that  the 
carrier  charged  different  amounts  on  the  same  day  tb 
two  shippers  for  the  same  service.  People  v. 
Baltimore  &  Ohio  S.  W.  R.  Co.  (1910),  246  111.  474, 
92  N.  E.  Eep.  934. 

Carrier  violating  the  statute  recovers  the  price  never- 
theless. The  fact  that  the  carrier  in  transporting  goods 
violates  some  provision  of  a  statute  does  not  bar  it  from 
recovering  the  price  of  such  transportation  from  the 
shipper.  In  re  T.  E.  Bunch  Co.  (1910),  180  Fed.  Eep. 
519.  This  results  from  the  fact  that  there  is  nothing 
in  the  act  making  such  contracts  void.  The  carrier  is 
punished  only  by  the  penalties  provided  for  in  the  act. 

Special  rates.  An  interstate  carrier  may  lawfully  give 
special  rates  for  the  transportation  over  its  road  of 
men,  machinery  and  materials  used  in  construction  or 
renewal  work.  Santa  Fo  P.  &  P.  Ry.  Co.  v.  Grant 
Bros.  Construction  Co.  (1910),  —  Ariz.  — ,  108  Pac. 
Eep.  467. 

Rates — How  fixed.  Method  of  fixing  rates  in  absence 
of  testimony  from  the  railroads  affected.  Michigan  Cen- 
tral R.  Co.  V.  Michigan  Railroad  Commission  (1910), 
—  Mich.  — ,  125  N.  W.  Eep.  549,  554,  17  Dct.  Legal 
News,  71. 

Omitting  to  offer  testimony.  Effect  of  railroad  com- 
pany's omitting  to  offer  testimony  before  a  rail- 
road commission  in  a  proceeding  to  fix  maximum  rates. 
Michigan  Central  R.  Go.  v.  Michigan  Railroad  Commis- 
sion (1910),  —  Mich.  — ,  125  N.  W.  Eep.  549,  554, 
17  Dct.  Leg.  News,  71. 

Classification.  Classification  of  railroads  for  purposes 
of  rate  regulation,  discussed.  Coal  &  Coke  Ry.  Co.  ti. 
Gonley  (1910),  —  W.  Va.  — ,  67  S.  E.  Eep.  613. 

Confiscatory  rates.  Where  a  two-cent  fare  statute  so 
diminished  the  earnings  of  a  railroad  that  it  carried  on 
its  passenger  traffic  practically  nothing  over  the  cost  of 
transportation,  and  on  its  entire  traffic  less  than  two  and 
one-half  per  cent  of  its  investment,  the  railroad  is  en- 
titled to  an  injunction  restraining  the  State  officials 
from  enforcing  the  statute  on  the  ground  that  it  is  con- 
fiscatory. Coal  &  Coke  Ry.  Co.  v.  Conley  (1910),  — 
W.  Va.  — ,  67  S.  E.  Eep.  613,  644. 

Reasonableness.  What  constitutes  a  fair  and  reason- 
able return  upon  capital  invested  in  a  railroad,  dis- 


128 


National  Association  of  Eailway  Commissioners 


cussed.    0<jai  &  Coke  Ry.  Co.  v.  ConUy  (1910),  —  W. 
Va.  — ,  67  S.  E.  Rep.  613,  639. 

Common  carrier  defined — Terminal  railroad — Having 
no  rolling  stock.  A  common  carrier  of  personal  property 
is  one  who  undertakes  for  hire  to  transport  from  place  to 
t)lace  the  oroods  of  others  who  may  choose  to  employ  him 
for  that  purpose,  including  a  terminal  railroad  company 
owning  no  ears  of  its  own  and  transporting  only  the  rail- 
road cars  of  other  companies.  United  States  v.  Sioux 
City  Stock  Yds.  Co.,  162  Fed.  Rep.  556. 

Transfer  express  companies  not  subject  to  act.  Pe- 
titioner was  engaged,  by  means  of  omnibuses  and  express 
wagons,  in  transporting  passengers  and  their  baggage 
between  railroad  stations  in  the  City  of  Chicago.  It  thus 
performed  a  definite  service  in  connection  with  a  large 
amount  of  through  passenger  traffic  between  the  west 
and  the  east.  The  cost  of  such  transfer  was  absorbed 
by  the  connecting  carriers  by  attaching  to  the  through 
tickets  transfer  coupons,  which  were  subsequently  taken 
up  by  petitioner  and  presented  to  the  carriers  for  pay- 
ment. 

Held  that  as  petitioner  (express  company)  was  en- 
gaged in  transportation  neither  by  rail  nor  by  water, 
it  was  not  a  carrier  subject  to  the  provisions  of  the 
act.  Re  Exchange  of  Free  Transportation,  12  I.  C.  C. 
B.  39. 

Rates — Reduction  resulting  from  competition.  Where 
there  is  competition  between  carriers  at  a  given  point  so 
as  to  result  in  a  reduction  of  rates  for  certain  descrip- 
tions of  property,  and  such  reduction  is  forced  upon  a 
defendant  company  by  reason  of  such  competition,  such 
reduction  will  not  be  considered  voluntary  within  the 
meaning  of  the  interstate  commerce  act.  Interstate 
Com.  Comtn.  v.  Chi.,  Gt.  Western  Ry.  Co.,  209  U.  S. 
108. 

Rates — What  considered  in  making.  The  fact  that 
there  is  a  large  amount  of  a  commodity  in  the  hands 
of  a  few  persons  under  almost  one  control,  which  is  of- 
fered for  shipment  at  stated  periods  in  fixed  quantities, 
may  be  considered  in  rate  making. 

In  determining  whether  charges  for  the  transportation 
of  property  are  reasonable,  within  the  interstate  com- 
merce act,  the  value  of  the  services  to  the  shipper,  in- 
cluding the  value  of  the  goods  and  the  profits  which 
the  shipper  can  make,  are  to  be  considered. 

In  rate  making,  the  welfare  and  advantage  of  the 
great  body  of  citizens  who  constitute  the  producers, 
shippers  and  consumers  should  be  considered,  and  also 
the  welfare  and  advantage  of  the  various  localities  and 
of  the  common  carriers ;  and  the  competition,  if  genuine, 
may  be  a  controlling  factor  in  determining  the  reason- 
ableness of  a  freight  rate,  and  such  question  of  reason- 
ableness is  to  be  decided  as  a  question  of  fact  in  each 
case.  Interstate  Com.  Commission  v.  Chi.  Gt.  Western 
Ry.  Co.  —  111.  — ,  209  U.  S.  108. 

Furnishing  cars.  The  provisions  of  Sec.  1  of  the  act 
making  it  the  duty  of  the  carrier  to  furnish  transporta- 
tion including  "cars  and  other  vehicles,  and  all  instru- 
mentalities and  facilities  of  shipment  or  carriage,  irre- 
spective of  ownership,  etc.,  was  evidently  intended  to 
secure  justice  in  furnishing  and  distributing  equipment 
irrespective  of  who  owned  such  equipment,  and  in  view 
of  this  provision,  whenever  it  is  shown  that  the  carrier 
has  not  supplied  the  facilities  demanded,  the  burden  is 
on  the  defendant,  in  order  to  exonerate  itself  in  the 
charge  of  undue  preference,  to  show  that  it  was  prorat- 
ing its  cars  fairly  and  equally  among  all  the  operators 


who  were  similarly  situated,  and  engaged  in  tranJBport- 
ing  freight  over  its  lines.  B.  &  0.  R.  R.  Co.  v.  United 
States  ex  ret.  Pitcaim  Coal  Co.,  165  Fed.  Rep.  113. 

Interstate  commerce — Local  penalties.  A  shipment  of 
freight  from  one  point  in  the  State  to  another  point 
therein  by  way  of  a  town  outside  the  State  is  an  inter- 
state shipment  and  the  carrier  is  not  liable  to  a  penalty 
imposed  by  a  State  law  for  failure  to  deliver  within  a 
reasonable  time.  Shelby  Ice  &  Fuel  Co.  v.  So.  Ry.  Co 
147  N.  C.  61,  60  S.  E.  723. 

Interstate  commerce — Shipment  through  adjoining 
State  to  destination  in  same  State.  A  shipment  between 
two  points  in  the  same  State,  which  in  reaching  its 
destination  is  transported  to  an  adjoining  State,  is  inter- 
state commerce  and  subject  to  the  provisions  of  the  act. 
United  States  v.  D.  L.  &  W.  Ry.  Co.,  152  Fed.  Rep.  269. 

A,  at  Dunraven,  N.  Y.,  sold  skimmed  milk  to  B,  at 
Brooklyn,  N.  Y.,  which  had  to  pass  through  New  Jersey 
to  reach  B.  Held  that  this  was  not  interstate  commerce 
in  such  sense  as  to  exempt  it  from  penalties  imposed  by 
a  New  York  statute  for  selling  skimmed  milk  unmarked. 
People  r.  Abramson   (1910),  122  N.  Y.  Supp.  115. 

A  shipment  between  two  points  in  South  Carolina 
treated  as  an  interstate  shipment,  although  the  goods 
in  transit  entered  Georgia.  Harter  v.  Charleston  £  W. 
Ry.  Co.,  (1910),  —  S.  C.  — ,  67  S.  E.  Rep.  290. 

Where  a  shipment  of  cattle  from  Beagle,  Kan.,  to 
Kansas  City,  Kan.,  passes  into  Missouri  for  about  one 
mile  en  route  before  reaching  its  destination,  it  is  in- 
terstate commerce  and  the  Kansas  'live  stock  carriage 
statute  has  no  application  to  it.  Leibengood  v.  Missouri, 
K.  &  T.  Ry.  Co.  (1910),  —  Kan.  — ,  109  Pac.  Rep. 
988. 

Interstate  commerce — Shipment  through  another 
State  betiveen  points  in  same  State.  Wliere  a  railroad 
runs  for  a  portion  of  the  distance  between  two  stations 
in  one  State,  and  for  a  great  portion  of  the  distance  be- 
yond the  boundaries  of  that  State,  and  again  returns 
into  the  original  State,  in  conveying  freight  over  such 
route  between  such  stations,  the  railroad  company  is  en- 
gaged in  interstate  commerce.  Patterson  v.  Mo.  Pac. 
Ry.  Co.,  94  Pac.  Rep.  138. 

Interstate  commerce— Shipment  between  points  in 
same  State  through  another  State,  h  continuous  trans- 
portation of  freight  between  two  points  within  the  same 
State,  where  a  part  of  the  route  is  outside  of  the  State 
because  of  the  unsafe  condition  of  a  bridge  forming  a 
part  of  the  line  of  road,  is  interstate  commerce  free 
from  the  interference  of  the  State.  St.  L.  &  S.  F.  Ry.  Co. 
V.  State,  113  S.  W.  203. 

Interstate  commerce — Contracts.  Where  a  contract 
made  by  a  foreign  corporation  in  New  York  provided 
that  the  corporation  should  furnish  and  install  certain 
elevators  in  a  building  in  New  York  City  according  to 
certain  specifications,  the  carrying  out  of  such  contract 
did  not  constitute  interstate  commerce.  Portland  Co. 
V.  Paul  &  Grant  Construction  Co.,  123  App.  Div.  (N. 
Y.)  495. 

Interstate  commerce — Contracts.  WRere  a  foreign 
corporation  sold  a  water  tank  and  tower  to  one  who  was 
erecting  a  system  of  water  works  in  the  State,  the  trans- 
action was  within  the  commerce  clause  of  the  Federal 
constitution  and  was  valid,  notwithstanding  failure  to 
file  its  articles  of  incorporation  or  to  appoint  a  resident 
agent  as  required  by  the  State  laws.  Flint  &  Wailing 
Mfg.  Co.  V.  McDonald,  114  N.  W.  684. 

Interstate    commerce — Contracts.      A    Pennsylvania 


Digest  of  Decisions 


129 


corporation  contracted  with  a  citizen  of  Wisconsin  for 
the  furnishing,  by  the  usual  transportation  agencies,  of 
continuous  instruction  for  a  considerable  period  of  time. 
The  contract  was  accepted  and  to  a  large  extent  per- 
formed in  Pennsylvania,  and  included  only  incidentally 
the  transfer  of  articles  of  property  to  Wisconsin,  which 
were  not  objects  of  sale  but  instrumentalities  through 
which  the  instruction  was  furnished.  Held  that  the 
transactions  did  not  constitute  interstate  commerce. 
Int'l.  Text  Bk.  Go.  v.  Peterson,  133  Wis.  202,  113  N. 
W.  730. 

Interstate  commerce — Failure  to  comply  with  State 
corporation  law.  Local  agents  of  a  foreign  corporation 
soliciting  orders  which  are  forwarded  to  the  other 
States  for  approval  and  shipment  are  engaged  in  inter- 
state commerce,  and  such  corporation  is  not  liable  for 
a  penalty  imposed  by  a  State  statute  for  failure  to 
comply  with  its  corporation  laws.  Commontvealth  v. 
Eclipse  Hay  Press  Co.,  31  Ky.  L.  Rep.  824,  104  S.  W. 
224. 

Interstate  commerce — Sales  iy  local  agents  of  foreign 
principal.  An  agent  for  a  principal  in  another  state 
after  securing  several  orders  made  out  an  order  sheet  ad- 
dressed to  his  principal  directing  it  to  ship  him  the 
goods  therein  specified  to  be  wrapped  in  small  parcels. 
The  goods  were  so  wrapped  and  shipped  in  a  larger 
package  to  the  agent,  upon  receipt  of  which  the  agent 
opened  the  same  and  delivered  the  parcels  to  the  re- 
spective purchasers.  Held  that  the  act  of  delivery  was 
a  part  of  the  interstate  commerce  consisting  of  the 
whole  transaction.  Loverin  &  Browne  Co.  v.  Travis,  115 
N.  W.  829. 

Express  companies.  By  the  provision  of  the  Hepburn 
Act.  June  39,  1906,  amendatory  of  interstate  commerce 
act,  Feb.  4,  1887,  that  "the  term  'common  carrier'  as 
used  in  this  act  shall  include  express  companies,"  such 
companies  are  made  subject  to  all  provisions  of  said 
interstate  commerce  act  and  its  amendments,  so  far  as 
the  same  may  be  applicable,  to  the  same  extent  as  though 
they  had  been  named  in  the  original  act,  including  the 
provisions  against  unjust  and  unreasonable  discrimina- 
tion, prohibiting  the  taking  of  any  greater  or  less  sum 
for  transportation  of  property  than  that  named  in  the 
tariffs  filed,  and  making  it  unlawful  to  offer  or  accept 
any  rebate  from  the  published  rate,  or  other  discrimina- 
tion in  respect  of  the  transportation  of  any  property 
whereby  any  advantage  is  given.  United  States  v. 
Wells  Fargo  Exp.  Co.,  161  Fed.  Rep.  606. 

Interstate  commerce.  A  corporation  engaged  in  the 
manufacture  and  sale  of  tobacco  in  its  various  forms, 
which  purchases  its  raw  materials  and  supplies  in  dif- 
ferent States  and  in  foreign  countries  and  ships  them  by 
means  of  common  carriers  into  other  States  for  manu- 
facture, and  sells  the  same  by  agencies  and  salesmen 
throughout  the  United  States  and  in  the  markets  of  the 
world,  is  engaged  in  "interstate  commerce,"  and  it  is 
immaterial  that  it  distributes  its  products  by  means  of 
common  carriers  or  that  the  title  technically  passes  on 
delivery  to  such  carriers.  United  States  v.  American 
Tobacco  Co.,  164  Fed.  Rep.  700. 

Interstate  commerce — State  agents.  In  a  prosecution 
for  violation  of  a  city  ordinance  imposing  a  license  tax 
on  persons  soliciting  orders  for  the  sale  of  goods,  where 
defendant  is  the  agent  of  a  non-resident  merchant, 
carries  samples  and  solicits  orders,  which  he  sends  to  his 
principal  for  approval,  the  principal  shipping  the  goods 
to  the  same  agent  with  authority  to  deliver  and  collect 


the  price,  the  transaction  will  be  considered  interstate 
commerce.    City  v.  Dyerly,  98  Pac.  Rep.  228. 

Interstate  commerce — City  truchman.  Under  the 
interstate  commerce  act  providing  that  it  shall  be  ap- 
plicable to  any  common  carrier  or  carriers  engaged  in 
transportation  of  passengers  or  property  wholly  by  rail- 
road, or  partly  by  railroad  and  partly  by  water,  when 
both  are  used  under  a  common  control,  etc.,  for  a  con- 
tinuous carriage  or  interstate  shipment,  the  act  does 
not  apply  to  a  truckman  in  a  city,  so  as  to  make  him 
responsible  for  the  loss  of  goods  shipped  from  one  state 
to  another  on  the  theory  that  he  was  the  initial  carrier, 
when  his  engagement  was  only  to  haul  the  goods  from 
the  store  to  the  dock  or  depot  as  an  independent  em- 
ployment.   Hirsch  v.  N.  E.  Nav.  Co.,  113  N.  Y.  S.  395. 

Rates.  Railway  companies  may  contract  with  shippers 
for  a  single  transportation  or  for  successive  transporta- 
tions, subject  to  a  change  of  rates  in  the  manner  pro- 
vided in  the  interstate  commerce  act.  Interstate  Com. 
Commission  v.  Chi.  6t.  W.  By.  Co.,  —  111.  — ,  209  U.  S, 
108. 

Interstate  commerce — Rates.  Where  the  charges  of 
a  railroad  for  demurrage  are  based  on  tariffs  filed  with 
the  Interstate  Commerce  Commission,  as  provided  by 
the  interstate  commerce  act,  such  charges  as  to  cars 
engaged  in  interstate  commerce  cannot  be  questioned  in 
a  State  court,  but  are  there  conclusively  presumed  to 
be  reasonable  in  the  absence  of  any  action  of  the  com- 
mission thereon.  Erie  Ry.  Co.  v.  Wanaqxie  Lumber  Co., 
69  Atl.  Rep.  168. 

Connecting  carriers — RebilUng.  Where  goods  re-- 
ceived  by  a  carrier  for  transportation  from  a  point  out- 
side of  the  State  to  a  point  within  the  State  were  mis- 
sent,  and  the  carrier  rebilled  the  goods  from  a  point 
in  the  State  to  the  point  of  destination  over  the  line  of 
another  carrier,  which  received  and  transported  the 
goods,  the  transportation  by  the  latter  carrier  was  not 
an  interstate  shipment.  Hockfield  v.  So.  Ry.  Co.,  64  S. 
E.  181. 

Carmack  amendment — Attorneys'  fees.  No  attorneys* 
fees  may  be  taxed  as  costs  in  a  suit  against  the  initial 
interstate  carrier  based  upon  the  Carmack  amendment 
of  June  29,  1906,  making  the  initial  carrier  liable  to 
the  holder  of  the  bill  of  lading  for  the  negligence  of 
its  agents,  the  connecting  carriers.  Atlantic  Coast  Line 
R.  Co.  V.  Riverside  Mills  (1910),  219  U.  S.  186,  31  Sup. 
Ct.  Rep.  164,  —  L.  Ed.  — ,  modifying  168  Fed.  Rep. 
990. 

Carmack  amendment  held  valid.  The  Carmack 
amendment  of  June  29,  1906,  by  which  the  initial  car- 
rier is  made  liable  to  the  holder  of  the  blil  of  lading- 
for  a  loss  anywhere  en  route,  whether  caused  by  the 
fault  of  the  initial  or  a  connecting  carrier,  is  a  vali^ 
regulation  of  interstate  commerce.  Atlantic  Coast  Line 
R.  Co.  V.  Riverside  Mills  (1910),  219  U.  S.  186,  31  Sup. 
Ct.  Rep.  164,  —  L.  Ed.  — ,  affirming  168  Fed.  Rep.  990. 

Carmack  amendment — Jurisdiction  of  State  court.  A 
State  court  has  jurisdiction,  in  the  first  instance,  of  » 
shippers'  suit,  under  the  Carmack  amendment,  to  re- 
cover damages  from  the  initial  carrier  for  delay  caused 
by  the  negligence  of  a  connecting  carrier.  The  claim 
need  not  be  first  presented  to  the  Interstate  Commerce 
Commission.  Oibson  v.  Atlantic  Coast  Line  B.  Oik 
(1911),  —  S.  C.  — ,  70  S.  E.  Rep.  1030. 

Initial  carrier  held  liaile.  Initial  carrier  held  liable 
for  delay  in  the  carriage  of  an  interstate  shipment  of 
perishable  goods  through  the  negligence  of  a  connect- 


130 


National  Association  of  Eailway  Commissioners 


Co. 


ing  carrier.     Gibson  v.  Atlantic  Coast    Line    R. 
(1911),  —  S.  C.  — ,  70  S.  W.  Rep.  1030. 

Carmach  amendment — Damages  by  delay.  The  Car- 
mack  amendment  making  the  initial  carrier  liable  for 
the  fault  of  a  connecting  carrier  held  not  to  apply  to  a 
case  where  the  freight  was  not  lost  or  damaged,  but 
where  damage  was  caused  by  delay  in  its  carriage  by  a 
connecting  carrier.  Gulf  C.  &  8.  F.  Ry.  Co.  v.  Nelson 
(1911),  —Tex.  Civ.  App.  — ,  139  S.  W.  Rep.  81,  85. 

Delay  hy  fault  of  carrier.  A  shipper  to  recover  dam- 
ages for  delay  must  show  that  such  delay  was  caused  by 
the  fault  of  the  railroad.  Lay  v.  Chicago,  B.  &  Q.  R. 
Co.  (1911),  —  Mo.  App.  — ,  138  S.  W.  Rep.  884. 

Delay — -Rush  of  business  as  excuse.  Rush  of  business 
as  a  defense  against  an  action  for  negligently  delaying 
the  transportation  of  wheat.  Missouri,  K.  &  T.  Ry.  Co. 
V.  Stark  Grain  Co.  (1910),  —  Tex.  Civ.  App.  — ,  131 
S.  W.  Rep.  410. 

Delay — Heavy  passenger  traffic  no  excuse.  Action  by 
a  shipper  to  recover  damages  for  delay  in  transporting 
horses.  The  evidence  showed  that  the  horses  were  on 
the  road  fifty-five  hours,  during  only  nineteen  and  one- 
half  hours  of  which  they  were  kept  in  motion.  Held 
no  excuse  that  freight  crews  were  taken  off  to  assist  in 
earing  for  passenger  traffic.  Judgment  against  the  rail- 
road affirmed.  Daoust  &  Welch  v.  Chicago,  R.  I.  &  P. 
Ry.  Co.  (1910),  —  Iowa—,  128  N.  W.  Rep.  1106. 

Liability  of  stock  yards  company  for  delay.  A  con- 
necting carrier  must  ascertain  at  its  peril  how  long  cattle 
have  been  confined  before  it  receives  them.  The  St. 
Joseph  Stock  Yards  Company  received  at  St.  Joseph, 
Mo.,  for  carriage  to  its  chutes  at  South  St.  Joseph, 
twenty-seven  carloads  of  cattle  which  had  been  confined 
twenty-nine  hours  and  forty-five  minutes  and  unloaded 
them  as  soon  as  they  could  be  weighed  and  within  one 
hour  after  their  receipt.  Held  that  the  stock  yards 
company  was  liable  for  the  penalty  imposed  by  the 
statute.  Its  promptness  in  unloading  went  only  in 
mitigation.  United  States  v.  St.  Joseph  Stock  Yards 
Co.  (1909),  181  Fed.  Rep.  625. 

Initial  carrier  liable  for  wrong  routing.  The  initial 
carrier  is  liable  to  the  shipper  in  damages  for  failing 
to  route  freight  intrusted  to  it  by  the  cheapest  prac- 
ticable route.  Louisiana  Ry.  &  Nav.  Co.  v.  Holly 
(1911),  —  La.  — ,  53  So.  Rep.  882. 

Pleading  of  limitation  to  claim  for  delay.  A  stipula- 
tion in  a  bill  of  lading  that  claiins  for  delay  must  be 
made  within  thirty  days  after  delivery  of  the  shipment 
at  its  destination  and  must  be  specially  pleaded  to  be 
availed  of.  Gibson  v.  Atlantic  Coast  Line  R.  Co.  (1911), 
—  S.  C.  — ,  70  S.  E.  Rep.  1030. 

Instance  of  common  law  liability  for  delay.  Two 
connecting  carriers  held  liable  in  the  sum  of  $75,000 
damages  caused  to  a  consignee  of  material  for  building  a 
government  dam  by  their  delay  in  delivering  the  same 
to  him.  Both  carriers  had  notice  that  there  was  a  time 
limit,  to  the  contract  and  of  loss  that  would  necessarily 
result  from  their  failure  to  dehver  the  material  on  time. 
Gulf  C.  &  S.  F.  Ry.  Co.  v.  Nelson  (1911),  —  Tex.  Civ. 
App.  — ,  139  S.  W.  Rep.  81. 

Carrier's  liability  for  delay.  Recoverv  for  negligent 
delay  in  carrying  cattle  from  Missouri  to  Chicago  under 
through  bill  of  lading.  The  Court  said  that  the  initial 
carrier  might  by  stioulation  in  the  bill  of  lading  have 
limited  its  liability  for  negligence  to  its  own  line.  Miller 


V.  Missouri,  K.  &  T.  R.  Co.  (1911),  —  Mo. 
138  S.  W.  Rep.  902. 

Damages  for  delay  in  carrying  cattle.  Recovery  of 
damages  by  a  shipper  sustained  where  cattle  shipped 
from  Missouri  in  time  to  reach  Monday's  market  in  Chi- 
cago, were  not  delivered  until  Tuesday  night.  Held  that 
the  shipper  may  testify  as  to  prices  and  may  refresh  his 
recollection  by  referring  to  a  file  of  the  Drovers' 
Journal.     Lay  v.   Chicago,  B.   &  Q.  R.   Co.    (1911), 

—  Mo.  App.  — ,  138  S.  W.  Rep.  884. 

Delay — South  Carolina  statute.  Under  the  South 
Carolina  statute  the  penalty  for  delay  can  be  recovered 
only  when  the  goods  are  proved  to  have  been  in  th(' 
actual  possession  of  the  carrier  when  they  were  lost 
It  is  not  enough  that  they  were  lost  while  in  the  pos- 
session of  a  connecting  carrier.  Smith  v.  Southern  Ry 
Co.  (1911),  —  S.  C.  — ,  71  S.  E.  Rep.  989. 

Delay  in  shipment  of  cotton.  Recovery  of  damages 
for  delay  in  the  carriage  of  a  shipment  of  cotton  partlj 
through  the  fault  of  a  terminal  company.  Farmers'  rf 
Spinners'  Co.  v.  Atlantic  Coast  Line  R.  Co.   (1911). 

—  S.  C.  — ,  71  S.  E.  Rep.  991. 

Initial  carrier  wholly  within  state.  Where  the  initial 
carrier,  whose  line  lies  wholly  within  New  York,  ac- 
cepts goods  for  shipment  from  Skaneateles,  N.  Y.,  to 
Roanoke,  Va.,  it  became  liable  for  the  negligence  of  each 
connecting  carrier  over  whose  lines  the  shipment  passes. 
Shuh  V.  Skaneateles  R.  Co.  (1910),  122  N.  Y.  Supp. 
445,  66  Misc.  Rep.  (N.  Y.)  9. 

Negligence  of  ocean  carrier.  A  railroad  issued  a  bill 
of  lading  for  the  carriage  of  cotton  from  Detroit,  Tex., 
to  Liverpool,  England.  Part  of  it  never  reached  Liver- 
pool. Held  the  railroad  was  liable  for  the  value  thereof 
as  an  insurer.  R.  W.  Williamson  &  Co.  v.  Texas  &  P. 
Ry.  Co.  (1911),  —Tex.  Civ.  App.  — ,  138  S.W.  Rep. 
807. 

Connecting  lines.  Where  the  line  of  defendant's  rail- 
road is  entirely  within  the  State,  but  defendant  is  en- 
gaged in  the  transportation  of  property  moving  wholly 
by  railroad  from  one  State  to  another,  it  is  as  much 
subject  to  the  act  of  Feb.  4,  1887,  regulating  railroad 
rates,  as  it  would  be  if  operated  with  a  railway  con- 
necting points  within  different  States.  United  States 
V.  III.  Terminal  R.  Co.,  168  Fed.  Rep.  546. 

Twenty-eight  hour  law — All  connecting  carriers  liable 
for  penalty.  Where  one  of  several  connecting  carriers 
of  live  stock  has  been  convicted  of  violating  the  twenty- 
eight  hour  law  the  others  can  be  convicted  of  the  same 
oifense  growing  out  of  tlie  same  transaction.  United 
States  V.  Northern  Pacific  Terminal  Co.  (1909),  181 
Fed.  Rep.  879,  disapproving  United  States  v.  Stocl 
Yards  Terminal  Co.  (1909),  172  Fed.  Rep.  452,  which 
holds  the  contrary.  See,  also.  United  States  v.  Wabash 
R.  Co.  (1910),  182  Fed.  Eep.  802. 

The  twenty-eight  hour  stock  law.  Railroad  fined  $500^ 
for  violation  of  the  twenty-eight  hour  law  by  keeping 
cattle  in  patent  cars  for  fifty  hours  en  route  from  Chi- 
cago to  New  York,  etc.  United  States  v.  New  York  Cen- 
tral R.  Co.  (1911),  186  Fed.  Rep.  541. 

The  twenty-eight  hour  stock  law.  The  twenty-eight 
hour  law  construed  to  prohibit  the  confinement  of  sheep 
in  interstate  shipment  for  more  than  thirty-six  hours  in 
any  case.  United  States  v.  Atchison,  Topekd  &  S.  F.  R. 
Co.  (1911),  185  Fed.  Rep.  105. 

Terminal  company — Liability.under  twenty-eight  hour 
stock  law.  A  terminal  company  is  liable  to  the  penalties 
imposed  by  the  twenty-eight  ho\>r  law  if  it  accepts  cat- 


Digest  of  Decisions 


131 


tie  shipped  from  another  State  which  have  been  on  the 
road  a  longer  time  than  the  twenty-eight  hour  law  per- 
mits. United  States  v.  Northern  Pacific  Terminal  Co. 
(1911),  186  Fed.  Kep.  947. 

Time  for  unloading — Twenty-eight  hour  stock  law. 
The  time  consumed  in  loading  and  unloading  cattle  is 
not  to  be  counted  as  part  of  the  time  perniitted  by  the 
twenty-eight  hour  law.  United  States  v.  Northern  Pa- 
cific Terminal  Co.  (1911),  186  Fed.  Rep.  947. 

Liability  of  stock  yards  company— Twenty-eight  hour 
law.  When  a  stock  yards  company  accepts  from  a  con- 
necting interstate  carrier  cattle  that  have  been  on  the 
road  longer  than  the  time  permitted  by  the  twenty-eight 
hour  law,  it  cannot  be  convicted  of  a  violation  of  that 
law  without  proof  of  actual  knowledge  on  its  part  that 
the  twenty-eight  hour  law  has  been  violated  by  the  con- 
necting carrier.  St.  Joseph  Stock  Yards  Co.  v.  United 
States  (1911),  187  Fed.    Rep.  104.  ^^ 

Meaning  of  "knowingly  and  wilfully.        Knowingly, 
in  the  twenty-eight  hour  law  means  with  a  knowledge  of 
the  facts  and  "wilfully"  means  purposely  or  obstinately. 
St.  Joseph  Stock  Yards  Co.  v.  United  States  (1911), 
187  Fed.  Rep.  104  at  105. 

Shipper  traveling  with  his  stock.  A  shipper  agreed  to 
go  with  his  stock  and  feed  and  water  them  en  route. 
He  failed  to  go  with  them.  The  contract  provided  that 
in  the  event  of  his  failure  to  feed  his  stock  en  route  the 
railroad  might  feed  them  at  his  expense.  The  railroad 
failed  to  feed  them  and  the  stock  were  injured.  Held 
that  the  shipper  had  no  right  of  action  against  the  rail- 
road. Southern  By.  Co.  v.  Tollerson  (1910),  —  Ga. 
— ,  68  S.  E.  Rep.  798.  ,      ,„    . 

Texas  live  stock  contract.  "Live  stock  contract  of 
the  Texas  Central  Railway  Company,  quoted  m  an  opin- 
ion, held  equivalent  to  a  through  bill  of  lading  and  to 
make  it,  as  the  initial  carrier,  liable  for  damages  caused 
by  delays  caused  by  the  fault  of  connecting  earners. 
Texas  Central  By.  Co.  v.  Hico  Oil  Mill  (1910)-, 
—  Tex.  Civ.  App.  — ,  132  S.  W.  Rep.  381.      ' 

Venue  of  suits  against  railroad  for  damage  to  real 
estate  A  resident  of  New  York  may  maintain  his  suit 
in  the  courts  of  New  York  for  injury  to  his  real  estate 
in  New  Jersey  caused  by  the  negligence  of  defendant 
in  allowing  sparks  to  escape  from  its  locomotive  m  New 
Jersey  Brisbane  v.  Pennsylvania  B.  Co.  (1910),  135 
N.  Y.  Supp.  1043,  126  N.  Y.  Supp.  1122.  The  declara- 
tion need  not  set  up  plaintiff's  residence,  and  if  it  does 
not,  his  non-residence  cannot  be  availed  of  on  demurrer 
as  a  defense.  Compare  Frank  Simpson  Fruit  Co.  v. 
Atchison,  T.  &  S.  F.  By.  Co.  (1910),  245  111.  596,  92 
N.  E.  Rep.  524. 

Sales  by  local  agents.  Where  goods  shipped  by  a  non- 
resident to  his  resident  commission  agent  to  be  held  and 
sold  and  delivered  in  the  State  where  the  agent  resides 
are  sold  and  delivered  in  such  State,. the  sale  and  de- 
..i  livejy.is  not  interstate  commerce,  irrespective  of  whether 
the  note  or  the  purchase  price  is  a  contract  of  that  State 
or  of  the  State  of  the  residence  of  the  seller.  Duluth 
Music  Co.  V.  Clancey,  120  N.  W.  854. 

Intoxicating  liquors.  Misbranded  and  adulterated 
liquor  brought  into  the  State  in  violation  of  the  act  of 
congress  of  June  30,  1906,  becomes  subject  to  the  police 
power  of  the  State  immediately  on  arrival  within  its 
territory  and  can  be  seized  before  delivery  to  the  con- 
signee. State  V.  Intoxicating  Liquors,  71  Atl.  Rep.  758. 
Intoxicating  liquor.  Congress  has  the  exclusive  power 
to  fix  the  time  when  aj^  interstate  shipment  of  intoxicat- 


ing liquors  loses  its  interstate  character  and  becomes 
subject  to  State  control.  McCord  v.  State,  101  Pac. 
Rep.  280. 

Intoxicating  liquors.  The  owner  of  intoxicating 
liquors  in  another  State  cannot  by  virtue  of  the  inter- 
state commerce  clause  of  the  federal  constitution  come 
into  the  State  of  Kansas  or  send  his  agents  there,  and  in 
defiance  of  the  laws  of  the  State  solicit  orders  for  the 
purchase  of  intoxicating  liquors,  to  be  shipped  from  such 
other  States,  without  incurring  the  penalty  of  Kansas 
law.    Crigler  v.  Shepler,  101  Pac.  Rep.  619. 

Intoxicating  liquors.  Under  the  interstate  commerce 
clause,  a  resident  of  a  State  may  order  and  receive  in- 
toxicating liquor  from  another  State  a;nd  convey  the 
same  in  the  original  package  from  the  depot  to  his  home. 
High  V.  State,  101  Pac.  Rep.  115. 

Mistake  in  naming  rates.  In  interstate  commerce, 
the  freight  charges  are  fixed  by  the  rates  filed  and  posted 
in  accordance  with  the  act  of  congress,  and  where  a  car- 
rier by  mistake  quotes  a  rate  lower  than  that  stated  in 
the  schedule,  and  delivers  the  goods  on  payment  of 
charges  according  to  such  charges,  it  may  thereafter  de- 
mand of  the  shipper  the  difference  between  the  rate 
collected  and  that  which  should  have  been  collected. 
Ga.  By.  v.  Creety,  63  S.  E.  528. 

Pleading.  Declaration  in  a  shipper's  suit  against  a 
railroad  to  recover  back  excessive  freights  extorted  by 
the  railroad.  Fairford  Lumber  Co.  v.  Tombigbee  Vy. 
By.  Co.  (1910),  —  Ala.  — ,  51  So.  Rep.  770. 

Honest  mistake  by  carrier.  Where  a  railroad  collects 
excessive  rates  as  the  result  of  an  honest  mistake  as  to 
its  statutory  rights,  it  does  not  become  liable  to  penal- 
ties provided  by  the  statute.  Enton  v.  Coney  Island  R. 
Co.  (1910),  121  N.  Y.  Supp.  793. 

Mistake  in  naming  rate.  Where  the  agent  of  a  con- 
necting carrier,  by  mistake,  has  given  to  a  shipper  an 
unusually  low  rate  on  a  shipment  of  a  special  and  un- 
usual character,  and  the  initial  carrier,  without  knowl- 
edge of  such  rate,  breaks  its  contract  of  Carriage  by 
sending  the  goods  over  a  different  road  from  that  pre- 
scribed in  the  bills  of  lading  so  that  the  shipper  is  com- 
pelled to  pay  a  much  higher  rate  of  freight,  the  initial 
carrier  cannot  escape  liability  for  damages  on  the  ground 
that  the  rate  given  was  in  violation  of  the  interstate 
commerce  law.  Pond-Decker  Lumber  Co.  v.  Spencer 
(G.  C.  A.),  86  Fed.  Rep.  846. 

No  power  in  commission  to  protect  carrier  against 
ruinous  rates  of  rivals.  Judge  Cooley,  in  an  opin- 
ion In  re  Chicago,  St.  Paul  &  Kansas  City  B.  Co., 
2  Int.  Com.  Comm.  Rep.  231,  said:  "The  provision 
in  the  act  to  regulate  commerce,  tliat  all  rates  shall  be 
just  and  reasonable,  was  a  provision  inserted  for  the 
protection  of  the  general  public  and  not  for  the  protec- 
tion of  the  carriers  against  the  action. of  rivals.  The 
carriers  were  supposed  to  have  meajja, of  self-protection 
against  unreasonably  low  rates  in^t^e  jjower  thpy  had  to 
make  the  rate  themselves.  The  cominissiG^;.lias  no  power' 
to  compel  a  railroad  company  to  in  crease,  its  rates  which 
are  supposed  to  be  so  low  as  to  be  ruidpusfo'  itself  or  to 
its  rivals."  '   ~\    ;""   '.      "' 

This  ruling  was  cited  and  approved  in  Maximum  Bate 
Case,  167  U.  S.  511.  ' 

Bates  fixed  by  commission  presumed  reasonable.  The 
presumption  is  that  the  rates  fixed. by  the  commission 
are  reasonable  and  the  burden  of  proof  is  on  the  railroad 
to  show  the  contrary.  Minneapolis  &  St.  Louis  B.  B.  v. 
Minnesota,  186  U.  S.  257,  citing  Dow  v.  Beidelman,  125 


132 


National  Association  of  Railway  Commissioners 


^ 


U.  S.  680;  Chicago,  etc.,  R.  R.  Co.  v.  Tompkins,  167 
U.  S.  73. 

The  statute  gives  prima  facie  effect  to  the  finding  of 
the  commiBsion,  and  when  these  findings  are  concurred 
in  by  the  circuit  court,  they  should  not  be  interfered 
with  unless  the  record  establishes  that  clear  and  unmis- 
takable error  has  been  committed.  Cincinnati,  etc.,  R. 
Co.  V.  Int.  Com.  Comm.,  206  U.  S.  142,  154;  see  Cin- 
cinnati, etc.,  R.  Co.  V.  Int.  Com.  Comm.,  162  U.  S.  184, 
194;  Louisville,  etc.,  R.  Co.  v.  Behlmer,  175  U.  S. 
648,  672. 

In  a  suit  by  the  Interstate  Commerce  Commission  to 
enforce  an  order  made  by  it,  the  court  is  not  confined, 
in  passing  on  the  validity  of  the  order,  to  the  reason 
stated  by  the  Commission.  Southern  Pacific  R.  Co.  v. 
Int.  Com.  Comm.,  200  U.  S.  536. 

The  finding  of  facts  by  the  commission  as  to  the 
reasonableness  of  the  rates,  which  has  been  approved  by 
the  circuit  court,  will  not  usually  be  reviewed  by  the 
supreme  court.  Cincinnati,  etc.,  R.  Co.  v.  Int.  Com. 
Comm.,  162  U.  S.  184. 

Section  Two. 

Unjust  discrimination  forbidden.  Special  rate,  re- 
bate, drawback,  or  any  other  device  whereby  carrier 
collects  or  receives  a  greater  or  less  compensation  for 
services  rendered  from  one  person  or  persons  than  it 
collects  or  receives  from  any  other  person  or  persons  for 
doing  a  like  and  contemporaneous  service  in  the  trans- 
portation of  a  like  kind  of  traffic  under  substantially 
similar  circumstances  and  conditions,  prohibited  and 
declared  unlawful. 

Only  one  shipment  at  less  than  published  rate  neces- 
sary to  violate.  See  Elkins  Act.  - 


Sections  two  and  three  modeled  after  English  law. 
The  second  section  of  our  act  was  modeled  upon  Section 
90  of  the  English  "Railway  Clauses  ConsoUdation  Act" 
of  1845,  known  as  the  "Equality  Clause,"  and  the  third 
section  of  our  act  was  modeled  upon  the  second  section 
of  the  English  "act  for  the  better  regulation  of  the 
traffic  on  railways  and  canals"  of  July  10,  1854,  and  the 
eleventh  section  of  the  act  of  July  21,  1873,  entitled 
"An  act  to  make  better  provisions  for  the  carrying  into 
effect  the  railway  and  canal  traffic  act,  1854,  and  for 
other  purposes  connected  therewith."  (See  cases  cited.) 
Texas  &  Pacific  Ry.  Co.  v.  Int.  Com.  Comm.,  162  U.  S. 
197,  222. 

Common  law  changed  by  section  two.  By  the  com- 
mon law  the  carrier  is  not  obliged  to  treat  all  who  pat- 
ronize him  with  absolute  equality.  He  may  charge  less 
to  one  person  or  class  of  persons  than  to  another  so 
long  as  he  carries  on  reasonable  terms  to  them.  "That 
privilege  can  no  longer  be  exercised  under  the  interstate 
commerc  act  by  the  carriers  subjected  to  its  provision 
in  the  transportation  of  a  like  kind  of  traffic  under  sub- 
stantially similar  circumstances  and  conditions."  United 
States  V.  Delaware,  etc.,  R.  Co.,  40  Fed.  101. 

Unjust  discrimination  under  section  two  defined.  "In 
order  to  constitute  an  unjust  discrimination  under  Sec- 
tion 2,  the  carrier  must  charge  or  receive  directly  from 
one  person  a  greater  or  less  compensation  than  from 
another,  or  must  accomplish  the  same  thing  indirectly 
by  means  of  special  rate,  rebate  or  other  device;  but  in 
either  case  it  must  be  for  a  like  and  contemporaneous 
service  in  the  transportation  of  a  like  kind  of  traffic, 


under  substantially  similar  circumstances  and  condi- 
tions.' To  bring  the  present  case  within  the  words  of 
this  section  we  must  assume  that  the  transportation  of 
ten  persons  on  a  single  ticket  is  substantially  identical 
with  the  transportation  of  one,  and,  in  view  of  the  uni- 
versally accepted  fact  that  a  man  may  buy,  contract,  or 
manufacture  on  a  large  scale  cheaper  proportionately 
than  upon  a  small  scale,  this  is  impossible. 

"In  this  connection  we  quote  with  approval  from  the 
opinion  of  Judge  Jackson  in  the  court  below :  'To  come 
within  the  inhibition  of  said  sections,  the  difference 
must  be  made  under  like  conditions ;  that  is,  there  must 
be  contemporaneous  service  in  the  transportation  of 
like  kinds  of  traffic  under  substantially  the  same  cir- 
cumstances and  conditions.  In  respect  to  passenger 
traffic,  the  positions  of  the  respective  persons,  or  classes 
between  whom  differences  in  charges  are  made,  musi 
be  compared  with  each  other,  and  there  must  be  foimd 
to  exist  substantial  identity  of  situation  and  of  service, 
accompanied  by  irregularity  and  partiality  resulting  in 
undue  advantage  to  one  or  Undue  disadvantage  to  the 
other,  in  order  to  constitute  unjust  discrimination.' " 
Int.  Com..  Comm.  v.  B.  &  0.  R.  R.,  145  U.  S.  263,  281. 

Equality  of  conditions — Revision  of  rates  by  commis- 
sion and  courts.  The  carrier  must  determine  in  the  first 
instance  whether  or  not  the  conditions  are  so  substan- 
tially similar  as  to  preclude  a  difference  in  raies.  Int. 
Com.  Comm.  v.  Alabama  M.  R.  Co.,  168  U.  S.  169.  And 
the  determination  of  the  carrier  is  subject  to  revision  by 
the  commission  and  the  courts.  Louisville,  etc.,  R.  Co. 
V.  Behlmer,  175  U.  S.  648.  The  ultimate  power  of  de- 
termining the  matter  of  discriminating  rates  rests  with 
the  courts.  Int.  Com.  Comm.  v.  East  Tennessee,  etc., 
R.  Co.,  85  Fed.  107 ;  Int.  Com.  Comm.  v.  Alabama  Mid- 
land R.  Co.,  69  Fed.  227. 

Equality  between  shippers — Prohibits  rebate — Section 
two — Competition.  In  applying  the  provisions  of  the 
third  and  fourth  sections  of  the  act,  which  make  it 
unlawful  for  the  common  carrier  to  make  or  give  any 
undue  or  unreasonable  preference  or  advantage  to  any 
particular  person  or  locality,  or  to  charge  or  receive 
any  greater  compensation  in  the  aggregate  for  the  trans- 
portation of  passengers  or  of  like  kind  of  property, 
under  substantially  similar  circumstances  and  condi- 
tions for  a  shorter  than  for  a  longer  distance  over  the 
same  line,  in  the  same  direction,  competition  which 
affects  rates  is  one  of  the  matters  to  be  considered,  is 
not  applicable  to  the  second  section  of  this  act.  As 
shown  in  the  recent  case  of  Wight  v.  United  States, 
167  U.  S.  512,  the  purpose  of  the  second  section  is  to 
enforce  equality  between  shippers  over  the  same  line, 
and  to  prohibit  any  rebate  or  other  device  by  which  two 
shippers,  shipping  over  the  same  line,  the  same  distance, 
under  the  same  circumstances  of  carriage,  are  compelled 
to  pay  different  prices  therefor;  and  the  phrase  "under 
substantially  similar  circumstances  and  conditions,"  as 
used  in  the  second  section,  refers  to  the  matter  of  car- 
riage, and  does  not  include  competition  between  rival 
routes.  Int.  Com.  Comm.  v.  Alabama  Midland  Ry.,  168 
U.  S.  144,  266. 

Just  and  reasonable  charge  may  be  unjust  discrimi- 
nation. Under  Section  2,  any  unjust  discrimination  is 
unlawful  when  circumstances  and  conditions  are  similar. 
A  charge  may  be  just  and  reasonable  under  Section  1  of 
the  act,  and  yet  create  an  unjust  discrimination  under 
Section  2.  Int.  Com.  Comm.  v.  B.  &  0.  R.  Co.,  145  U. 
S.  263,  citing  Great  Western  R.  Co.  v.  Sutton,  L.  R.  4, 


Digest  of  Decisioxs 


133 


H.  L.  226,  constming  a  similar  provision  in  the  English 
act  of  1845. 

Spur  track.  A  coal  company  built  a  spur  track  and 
obtained  the  right  of  way  for  it  by  agreeing  to  carry 
coal  mined  by  other  land-owners  at  5  cents  per  ton  over 
its  spur  track.  Held  it  did  not  become  a  common  car- 
rier, and  as  such  disqualified  from  operating  a  mine, 
but  that  the  spur  track  was  a  railroad  withm,the  Ken- 
tucky statute  forbidding  extortion  and  discrimination. 
Straight  Creek  Mining  Co.  v.  Straight  Creek  Coal  & 
Coke  Co.  (1909),  —  Ky.  —  122  S.  W.  Kep.  842. 

Contract  for  special  train.  A  contract  between  a  ship- 
per and  a  railroad  to  carry  horses  from  Chicago  to  New 
York  by  a  special  train  is  not  discriminatory  in  such 
sense  that  damages  cannot  be  recoyered  for  its  breach  by 
the  shipper.  Kirhy  v.  Chicago  &  Alton  R.  R.  Co. 
(1908),  146  111.  App.  31  and  42. 

Number  of  shipments  necessary  Jo  violate  law.  "A 
conception  of  discrimination  necessarily  involves  at  least 
two  instances  of  shipment,  one  of  which,  in  the  matter 
of  rates,  has  fared  better  than  the  other,  though  both, 
by  reason  of  their  similitude  in  those  features  named 
by  the  act,  should  have  fared  alike."  United  States  v. 
Hanley,  71  Fed.  Eep.  674.  Under  the  Elkins  Act 
only  one  shipment  is  necessary,  at  less  than  published 
rates,  to  violate  the  law.  . 

Equality  of  rates — Competition.  The  reasonableness 
or  justice  of  the  charge,  which  is  the  subject  of  Sec- 
tion 1  of  the  act,  is  not  necessarily  involved  in  deter- 
mining the  unjust  discrimination  which  is  the  subject- 
matter  of  Section  2.  The  charge  made  for  transporting 
freight  may  be  entirely  reasonable,  and  the  shipper  may 
have  no  occasion  to  complain  of  the  intrinsic  value  of 
the  services  rendered,  but  may  be  injuriously  affected  by 
advantages  given  his  competitors  in  rates  of  freight. 
A  shipper  of  interstate  commerce  is  generally  a  dealer 
in  such  commerce;  and  it  is  as  important  for  him,  in 
the  race  of  competition,  that  his  competitors  get  no 
advantage  in  freight  rates  as  it  is  that  he  himself  pay 
only  reasonable  charges  for  his  own  shipments.  The 
second  section  of  the  act  aims  to  secure  equality  in  rates 
of  all  shippers  similarly  situated,  and  any  favoritism  in 
this  particular  is  declared  to  be  unlawful.  Kinnavey  v. 
Terminal  R.  Assoc,  81  Fed  Eep.  804. 

Unjust  discrimination — What  to  he  considered.  The 
principal  purpose  of  the  second  section  is  to  prevent 
unjust  discrimination  between  shippers.  It  implies  that, 
in  deciding  whether  difference  in  charges  in  given  cases 
were  or  were  not  unjust,  there  must  be  a  consideration 
of  the  several  questions,  whether  the  services  rendered 
were  "like  and  contemporaneous,"  whether  the  kind  of 
traffic  were  "like,"  and  whether  the  transportation  were 
effected  under  "substantially  similar  circumstances  and 
conditions." 

All  circumstances  and  conditions  which  reasonable 
men  would  regard  as  affecting  the  welfare  of  the  carry- 
ing companies,  and  of  the  producers,  shippers,  and  con- 
sumers should  be  considered  by  a  tribunal  appointed  to 
carry  into  effect  the  provisions  of  the  act. 

Whatever  would  be  regarded  by  common  carriers, 
apart  from  the  operation  of  the  statute,  as  matters 
which  warranted  difference  in  charges,  ought  to  be  con- 
sidered in  forming  a  judgment  whether  such  difference 
were  or  were  not  unjust.  Some  charges  might  be  unjust 
to  shippers.  Others  might  be  unjust  to  carriers.  The 
rights  and  interest  of  both  must  be  regarded.    Int.  Com. 


Comm.  V.  Alabama  M.  R.  Co.,  74  Fed.  715  (C.  C.  A. 
1896). 

"Similar  circumstances  and  conditions."  The  mayor 
and  council  of  Tifton,  Ga.,  complained  against  the 
Louisville  &  Nashville  Railroad  Company  and  the  other 
carriers  of  unlawful  freight  rates  to  Tifton,  Ga.,  as  com- 
pared to  those  to  Albany,  Valdosta  and  other  longer 
distance  points  in  surrounding  territory,  from  New 
York,  Cincinnati  and  other  Ohio  river  points,  Nashville 
and  New  Orleans.  The  circumstances  and  conditions  at 
Tifton  were  shown  to  be  substantially  similar  to  those 
at  Albany  on  the  traffic  from  the  east,  and  the  circum- 
stances and  conditions  at  Tifton  were  shown  to  be  sub- 
stantially similar  to  those  at  Valdosta  on  traffic  from 
the  north  and  west. 

Accordingly  the  commission  held  that  freight  rates 
from  New  York  and  other  eastern  cities  to  Tifton, 
which  were  higher  than  those  to  Albany,  a  longer  dis- 
tance point,  were  in  violation  of  the  statute ;  and  that 
freight  rates  from  Cincinnati,  Louisville,  Evansville, 
and  Nashville,  which  were  higher  to  Tifton  than  to 
Valdosta,  the  longer  distance  point,  were  also  in  vio- 
lation of  the  law.  The  commission  further  ruled  that 
nothing  in  the  decision  should  authorize  the  increase 
of  any  freight  rates  to  Tifton,  which  were  less  than 
those  to  Albany  or  Valdosta,  and  that  the  rates  then  in 
force  for  the  transportation  of  sugar  from  New  Orleans 
to  Tifton  were  unjust  and  unduly  prejudicial  to  Tifton, 
and  that  the  rates,  to  be  lawful,  should  not  exceed  those 
on  the  same  commodity  from  New  Orleans  to  Valdosta. 

The  carriers  having  refused  to  comply  with  this  order, 
a  suit  to  enforce  it  was  brought  in  the  United  States 
circuit  court  for  the  southern  district  of  Georgia.  Some 
time  after  this  suit  was  brought  the  carriers  complied 
substantially  with  the  provisions  of  the  order;  and  the 
object  of  the  proceeding  in  court  having  thereby  been 
obtained,  the  case  was  discontinued.  Int.  Com.  Comm. 
V.  Louisville  &  Nashville  R.  R.  Co.  et  al.,  9  I.  C.  C. 
Rep.  160. 

Dissimilarity  of  circumstances  must  be  substantial  to 
justify  dissimilarity  of  rates.  All  goods  offered  for  ship- 
ment at  a  certain  point  must  be  carried  at  the  estab- 
lished rate  for  such  goods  from  such  point,  regardless 
of  the  place  where  they  originated.  Bigbee,  etc..  Rivers 
Packet  Co.  v.  Mobile,  etc.,  R.  Co.,  60  Fed.  Rep.  545, 
wherein  the  court  said :  "There  is  a  dissimilarity  in  the 
circumstances  that  one  lot  of  cotton  came  from  one  point 
and  the  other  lot  from  another  point.  But  this  is  not  a 
substantial  dissimilarity  such  as  is  contemplated  by  the 
law,  and  it  is  not  every  dissimilarity  of  circumstance  or 
condition  that  justifies  a  dissimilarity  of  rates.  That 
some  dissimilar  conditions  justify  dissimilarity  in  rates 
is  true.  That  remote  dissimilarities  of  conditions  justify 
any  dissimilarities  which  the  carrier  chooses  to  make  is 
not  true.  Interstate  Commerce  Commission  v.  Texas, 
etc.,  R.  Co.,  57  Fed.  Rep.  955. 

Time,  hind  and  circumstances  of  transaction  to  be 
considered.  Equality  and  uniformity  of  rate,  dissasso- 
ciated  from  considerations  of  the  time,  kind  and  circum- 
stances of  the  transaction,  is,  therefore,  not  the  object 
aimed  at.  The  object  of  the  statute  is  to  prevent  one 
shipper  from  getting  the  advantage  over  his  competitor 
in  the  matter  of  rates  only  where  they  both  make  sub- 
stantially a  like  offer  to  the  carrier.  There  can,  there- 
fore, be  no  conviction  under  this  section  until  it  is 
alleged  and  proved  that  an  advantage  in  rates  has  been 
given  by  the  carrier  to  one  person  over  that  obtained  by 


134 


National  Association  of  Railway  Commissioners 


another,  where  both  persons,  fairly  considered,  are  upon 
an  equality  in  the  time,  kind,  and  circumstances  of  their 
offering.    United  States  v.  Hanley,  71  Fed.  Eep.  673. 

Like  kind  of  traffic  defined.  Section  2.  "The  term 
*a  like  kind'  of  traffic  as  found  in  Section  2 — and  as 
used  in  this  report  and  opinion — does  not  mean  traffic 
that  is  identical,  but  it  means  traffic  that  is  of  'a  like 
kind'  with  other  freight  in  the  element  of  a  fair  and 
just  classification  for  the  purpose  of  arriving  at  a  just 
and  reasonable  rate  and  a  rate  that  will  avoid  unjust 
discrimination  and  unlawful  preference. 

"The  words  'service  rendered'  and  'a  like  and  con- 
temporaneous service'  and  'under  substantially  similar 
circumstances  and  conditions,'  as  these  occur  in  that 
section,  together  with  the  method  of  classification  of 
freight  as  it  is  done  by  the  railroads,  which  is  recog- 
nized in  the  sixth  section  of  the  statute,  all  point  to 
this  construction.  Each  of  these  are  controlling  and 
important  words  of  the  statute  used  in  immediate  con- 
nection with  the  subject  of  transportation,  and  cannot 
be  overlooked  in  arriving  at  the  meaning  of  the  statute." 
New  York  B.  of  T.  &  T.  Co.  v.  Pennsylvania  R.  Co., 
4  Int.  C.  C.  R.  447. 

Rebates — Use  of  shipper's  tracks.  The  published  tar- 
iff schedule  of  defendant,  an  interstate  carrier  by  rail, 
gave  its  rate  on  packing  house  products  from  Kansas 
City,  Kan.,  including  the  rate  charged  by  a  belt  line 
company  for  carriage  between  Kansas  City,  Kan.,  and 
Kansas  City,  Mo.,  to  a  connection  with  defendant's  road. 
Defendant  charged  and  received  such  rates  from  a  pack- 
ing company,  paid  the  charges  of  the  belt  line  company 
and  afterward  paid  back  to  the  packing  company  the 
sum  of  one  dollar  upon  each  car  so  shipped.  Held  that 
such  repayment  constituted  the  granting  of  a  rebate  in 
violation  of  the  interstate  commerce  act  and  could  not 
be  justified  as  lawful  on  the  ground  that  it  was  an  allow- 
ance to  the  packing  company  for  the  use  of  its  own 
private  tracks  in  moving  the  cars  froiii  its  shipping 
building  to  a  connection  with  the  belt  line  tracks. 
United  States  v.  C.  &  A.,  148  Fed.  647. 

Rebate — Rates  defined.  The  word  "rate,"  as  used  in 
the  interstate  commerce  act,  means  the  net  amount  the 
carrier  receives  from  the  shipper  and  retains,  and  any 
device  by  which  such  amount  is  reduced  below  the  rate 
given  in  the  published  schedule  is  one  for  the  giving  of 
a  rebate.  United  States  v.  G.  &  A.  Ry.  Co.  et  al,  148 
Fed.  647. 

Carriers'  rights  to  make  special  contract  to  adjust  and 
apportionate  rates  and  classify  traffic.  Subject  to  the 
two  leading  prohibitions  that  their  charges  shall  not  be 
unjust  or  unreasonable,  and  that  they  shall  not  unjustly 
discriminate,  so  as  to  give  undue  preference  or  disad- 
vantage to  persons  or  traffic  similarlv  circumstanced, 
the  act  to  regulate'  commerce  leaves  common  carriers  as 
they  were  at  the  common  law,  free  to  make  special 
contracts,  looking  to  the  increase  of  their  business  to 
classify  their  traffic,  to  adjust  and  apportion  their  rates, 
so  as  to  meet  the  necessities  of  commerce,  and  generally 
to  manage  their  important  interests  upon  the  same  prin- 
ciples that  are  regarded  as  sound,  and  adopted  in  other 
trades  and  pursuits.  I.  C.  C.  v.  B.  &  0.  R.  Co.,  43  Fed. 
37.  This  statement  was  approved  in  Cincinnati,  etc.,  R. 
R.  Co.  V.  I.  C.  C,  162  U.  S.  184,  197,  and  So.  Pac.  R. 
R.  Co.  et  al.  v.  I.  C.  C,  200  U.  S.  536,  554. 

Rebates  and  discrimination.  It  was  designed  by  the 
act  to  cut  up  by  the  roots  the  entire  system  of  rebate 
and  discrimination  in  favor  of  particular  locations,  and 


see  that  carriers  deal  fairly  with  the  public,  extend  then 
reasonable  facilities  for  the  transportation  of  their  per 
sons  and  property,  and  put  all  their  patrons  upon  ai 
absolute  equality.  Railroad  Co.  v.  Goodrich  149  U  S 
680. 

Discrimination.  A  reservation  applicable  to  a  singL 
business  by  the  initial  carrier,  guaranteeing  a  througl 
rate,  of  the  right  to  route  goods,  beyond  its  own  term! 
nal,  does  not  amount  to  an  unlawful  discriminatioi 
within  the  prohibition  of  the  act,  if  the  business  is  c 
a  special  nature,  like  the  fruit  business,  having  nothins 
in  common  with  other  freight.  So.  Pac.  Ry.  Co.  v.  Inf. 
Com.  Gomm.,  200  U.  S.  536. 

Dissimilarity  of  conditions — Established  rate  govern, 
in  absence  of  through  routing.  All  goods  offered  foi 
shipment  at  a  certain  point  must  be  carried  at  the  ee 
tablished  rate  for  such  goods,  from  such  point,  regard 
less  of  the  place  where  they  originated.  The  fact  tha 
cotton  is  offered  for  shipment  at  Mobile  for  New  Or 
leans  by  a  packet  company  which  had  carried  it  fron 
Demopolis  does  not  make  it  a  case  of  dissimilarity  o 
conditions  allowing  the  carrier  which  had  no  line  t 
Demopolis  to  charge  more  than  the  established  rate  be 
tween  Mobile  and  New  Orleans,  regardless  of  its  agree 
ments  with  other  roads  as  to  cotton  so  received.  Bigbei 
&  Warrior  River  P.  Co.  v.  Mobile  £  0.  Co.,  60  Fed.  545 

When  discrimination  unlawful  in  not  furnishing  cars 
Carrier's  refusal  to  furnish  to  complainants  cars  fo) 
interstate  shipments  of  com  from  Leipsic,  Ohio,  whih 
it  contemporaneously  furnished  to  complainants'  com- 
petitors cars  for  like  shipment,  was  unlawful  discrimi- 
nation. Gallogly  &  F.  v.  C,  H.  &  D.  Ry.  Co.,  11  I.  C 
R.  1. 

Rebates — Carriers — Regulation  of  rates — Elkins  act — 
Through  bill  of  lading.  The  shipper  delivered  its  goods 
to  the  Burlington  company,  the  carrier  obtained  its  bil 
of  lading  from  Kansas  City  to  Christiania,  Norway,  re- 
ceived its  concession,  and  paid  the  through  rate,  less 
than  that  named  in  the  tariffs  filed  and  published  by  the 
carrier,  in  the  city  of  Kansas  City,  Kan.  By  these  acts 
the  transportation  of  this  property  at  this  less  rate  b} 
the  Burlington  company  and  its  connecting  carriers 
from  Kansas  City  into  and  through  the  western 
district  of  Missouri  to  New  York  was  caused,  but  the 
carriage  was  conducted  by  the  railroad  company  alone. 
The  property  was  shipped  under  a  through  bill  of  lading 
at  a  through  rate  which  was  the  sum  of  the  ocean  rate 
agreed  upon  between  the  proprietors  of  the  steamship 
line  and  the  shipper,  and  a  railroad  rate  from  Kansas 
City  to  the  point  of  trans-shipment,  which  was  less  than 
the  established  rate  which  was  required  to  be  and  which 
in  fact  had  been  filed  and  published  under  the  act  of 
1887.  The  shipper  received  a  concession  of  12  cents  per 
100  pounds  from  the  part  of  the  established  and  pub- 
lished rate  proportional  to  the  carriage  between  the  Mis- 
sissippi river  and  New  York,  and:  this  constituted  an 
offense  under  the  Elkins  act.  Armour  Packing  Com- 
pany  v.  United  States,  153  Fed.  4,  13. 

Profits  immaterial.  A  shipper  charged  with  accept- 
ing rebates  cannot  show  that  he  profited  nothing.  Stand- 
ard Oil  Co.  V.  U.  S.  (1910),  179  Fed.  Rep.  614,  628. 

State  courts.  A  rebate  to  which  the  shipper  ife  entitled 
under  a  tariff  filed  with  tRe  Interstate  Commerce  Com- 
mission to  cover  the  cost  of  bringing  his  shipment  to  a 
concentration  point  may  be  recovered  from  the  railroad 
by  suit  brought  in  a  state  court.    St.  Louis,  S.  F.  &  T. 

m 


Digest  of  Decisions 


135 


By.  Co.  V.  Roff  Oil  &  Cotton  Co.  (1910),  —  Tex.  Civ. 
App.  — ,  128  S.  W.  Eep.  1194. 

Actual  discrimination  necessary.  Actual  discrimina- 
tion in  rates  charged  is  necessary  to  constitute  a  viola- 
tion of  the  interstate  commerce  act.  It  is  the  discrimi- 
nation, in  fact,  and  not  the  mere  intention  to  discrimi- 
nate, .  that  is  punishable,  and  the  mere  offering  of  a 
discriminating  rate  under  which  it  is  not-shown  any 
shipment  was  ever  made  constitutes  no  legal  injury  to 
a  shipper  who  has  been  charged  a  higher  price.  Lehigh 
Valley  B.  Co.  v.  Rainey.  113  Fed.  487. 

Bill  of  lading  not  vitiated  hy  reason  of  rebate.  There 
is  nothing  in  the  interstate  commerce  law  which  vitiates 
bills  of  lading,  or  which  by  reason  of  allowance  of  re- 
bates, if  actually  made,  would  invalidate  a  contract  of 
afEreightment  or  exempt  the  railroad  company  from  lia- 
bility on  its  bill  of  lading.  Merchants'  Cotton  Press  & 
Storage  Co.  v.  N.  A.  Ins.  Co.,  151  U.  S.  368. 

Party  rate  ticTcet — Conditions — Circumstances.  The 
commission  originally  decided,  in  Pittsburg,  Cincinnati 
&  St.  Louis  By.  Co.  v.  Baltimore  &  Ohio  B.  B.  Co.,  3 
I.  C.  C.  Rep.  465,  2  Int.  Com.  Rep.  729,  that  the  party 
rate  ticket  was  unlawful  as  a  discrimination  under  Sec- 
tions 2  and  3  of  the  act,  and  ordered  the  defendant 
company  to  cease  and  desist  from  the  practice.  In  a 
suit  brought  to  enforce  this  order  the  supreme  court  of 
the  United  States  disapproved  this  holding  of  the  com- 
mission and  decided  that  such  tickets  were  lawful. 
Interstate  Commerce  Commission  v.  Baltimore  &  Ohio 
B.  B.  Co.,  145  U.  S.  263. 

The  exact  question  presented  to  and  decided  by  the 
court  in  that  case  was  whether  a  carrier  might  lawfully 
transport  ten  or  more  persons  upon  a  single  ticket  at 
one  time  as  a  party  for  a  less  sum  per  individual  than 
it  exacted  from  the  general  public  for  the  transportation 
of  a  single  person  upon  a  single  ticket.  The  court  de- 
cided that  a  railroad  may  properly  issue  party  rate 
tickets;  it  did  not  decide  whether  those  tickets  could  be 
limited  in  their  use  to  particular  classes. 

Upon  the  precise  question.  Can  a  railway  lawfully 
charge  less  for  the  transportation  of  a  party  of  ten  per- 
sons belonging  to  an  amusement  company  than  it 
charges  for  the  transportation  of  the  same  number  of 
persons  of  some  other  occupation,  although  the  two  par- 
ties may  be  carried  in  the  same  car,  at  the  same  time, 
and  between  the  same  point,  it  was  said : 

"If  the  circumstances  and  conditions  of  the  carriage 
itself  are  the  same,  the  charge  must  be  the  same.  We 
are  unable  to  see  how  the  carriage  of  ten  persons  belong- 
ing to  an  amusement  company,  as  a  party,  differs  from 
the  carriage  of  ten  other  persons,  as  a  party,  in  the  same 
train,  at  the  same  time,  and  between  the  same  points; 
and  we  are  therefore  of  the  opinion  that  the  party  rate 
ticket  must  be  open  to  the  general  public."  In  the  mat- 
ter of  Party  Bate  Ticket,  12  Int.  Com.  Comm.  Rep.  119. 

Minnesota  statute.  The  Minnesota  statute  forbidding 
discrimination  between  localities  in  the  sale  of  petroleum 
with  intent  to  create  a  monopoly  has  been  held  valid. 
State  V.  Standard  Oil  Co.  (1910),  —  Minn.  — ,  126  N. 
W.  Rep.  527. 

Discrimination — Evidence.  Evidence  necessaiy  to  sus- 
tain an  action  by  a  shipper  against  a  railroad  for  dis- 
crimination in  failing  to  furnish  cars  and  in  making  a 
wrong  classification  of  the  freight  offered  by  him.  Amer- 
ican Tie  &  Timber  Co.  v.  Kansas  City  S.  By.  Co. 
(1909),  175  Fed.  Rep.  28. 


Discrimination  in  delivery  of  freight — 'Terminal  fa- 
cilities. Constitution  of  Kentucky,  Section  213,  pro- 
vides that  all  railroads  shall  receive,  transfer,  deliver, 
and  switch  empty  or  loaded  cars  coming  to  or  going 
from  any  railroad,  etc.,  with  equal  promptness  and  dis- 
patch and  without  discrimination  as  to  charges,  prefer- 
ence, etc.,  and  shall  so  receive,  deliver,  transfer,  and 
transport  all  freight  from  and  to  any  point  where  there 
is  a  physical  connection  between  the  tracks  of  such  com- 
pany; but  that  the  section  shall  not  be  construed  as  re- 
quiring any  such  carrier  to  allow  the  use  of  such  tracks 
for  the  trains  of  another  engaged  in  like  business.  Such 
section  made  it  compulsory  on  every  common  carrier 
to  use  its  terminal  facilities  in  receiving,  delivering, 
interchanging,  transferring,  and  transporting  freight 
in  carloads  or  less  quantities  at  points  of  physical  con- 
nection with  other  roads,  for  all  alike  when  so  requested. 
Louisville,  etc.,  B.  Co.  v.  Central  S.  Y.  Co.,  Ky.,  97  S. 
W.  778. 

Contract  for  discriminatory  rates  void.  A  contract 
with  a  railroad  company  for  transportation  of  freight 
between  two  points  in  the  State  at  a  rate  less  than  the 
regular  rate  is  contrary  to  public  policy  and  void,  al- 
though the  shipper  was  ignorant  of  the  fact  that  it  was 
receiving  a  preferential  rate.  Chesapeake  &  0.  By.  Co. 
V.  Maysville  Brick  Co.,  116  S.  W.  1183. 

Contracts  for  discrimination  void.  Under  the  statute 
of  Nebraska  a  contract  between  a  railroad  company  and 
a  shipper  to  transport  merchandise  for  a  less  rate  than 
regularly  charged  to  others  for  similar  service  is  void, 
although  tlie  rate  was  agreed  to  by  mistake,  and  an 
action  will  not  lie  against  the  carrier  for  breach  of  the 
contract  if  it  exacts  the  regular  rate.  Haurigan  v.  C. 
'N.  W.  By.  Co.,  117  N.  W.  100. 

Discrimination  by  change  of  route.  A  shipper  de- 
livered lumber  to  a  railroad  with  orders  to  ship  it  over 
certain  specified  connecting  lines.  The  railroad  shipped 
it  over  other  lines.  Held  that,  by  so  doing,  it  became 
liable  for  the  penalties  provided  by  the  Texas  statute 
against  discrimination.  Thompson  v.  Missouri  K.  &  T. 
B.  Co.    (1910),  —  Tex.,  — ,  126  S.  W.  Rep.  257. 

Begulation  of  rates — Discrimination — Evidence.  The 
mere  fact  that  a  carrier  discriminated  in  favor  of  a 
shipper  of  coal  by  carrying  coal  for  it  between  designated 
points  at  fifty  cents  less  per  ton  than  it  granted  to  any 
other  shipper  does  not  show  a  violation  of  a  statute  re- 
quiring carriers  to  give  all  persons  reasonable  and  equal 
terms  and  accommodations,  for  the  rates  charged  may 
have  been  reasonable  and  equal  in  the  law  though  less  in 
amount.    State  v.  C.  Vermont  By  Co.,  71  Atl.  Rep.  194. 

Colored  passengers  may  be  separated  from  white.  A 
railroad  may  separate  negro  from  white  passengers. 
Chiles  V.  Chesapeake  &  Ohio  By.  Co.  (1910),  318  U.  S. 
71;  30  Sup.  Ct.  Rep.  667,  affirming  125  Ky.  299,  101 
S.  W.  Rep.  386. 

Discrimination — Competition.  A  genuine  competi- 
tion which  results  in  a  reduction  of  freight  rates  nega- 
tives any  unlawful  intent  on  the  part  of  the  carrier  and 
leaves  open  only  the  question  as  to  whether  the  rates, 
as  established,  work  an  undue  preference  or  discrimina- 
tion. Inter.  Com.  Commission  v.  Chi.  Gt.  W.  By.  Co., 
209  U.  S.  108. 

Consideration  for  limitation  of  liability.  A  stipu- 
lation limiting  the  carrier's  liability  must  be  based  upon 
a  consideration.  Bobert  v.  Chicago  &  A.  B.  Co.  (1910), 
—  Nev.,  — ,  127  S.  W.  Rep.  925. 

Discriminationr— Carriage  of  freight — Damages.    The 


136 


National  Association  of  Railway  Commissioners 


railroad  commission  of  Georgia,  under  the  authority  to 
make  such  just  and  reasonable  rules  and  regulations  as 
may  be  necessary  for  preventing  unjust  discrimination 
in  the  transportation  of  freight,  has  power  to  promul- 
gate a  rule  requiring  railroad  companies  in  the  conduct 
of  their  intrastate  business  to  afEord  to  all  persons  equal 
facilities  in  the  transportation  and  delivery  of  freight, 
without  unjust  discrimination  against  any.  In  a  suit 
for  damages  sustained  on  account  of  the  violation  of  the 
rule  above  referred  to  exemplary  damages  may  be  re- 
covered if  it  appears  that  the  conduct  of  the  company 
amounted  to  a  "willful  violation  of  the  law,"  and  there- 
fore allegations  of  the  petition,  which,  if  proved,  would 
throw  light  on  the  question  as  to  whether  the  conduct 
of  the  company  was  willful,  should  not  be  stricken  as 
irrelevant  and  pertinent.  Augusta  Brokerage  Co.  v. 
Central  of  Oa.  By.  Co.,  121  Ga.  48,  S.  E.  Rep.  714,  38 
Am.  &  Eng.  R.  Cas.  N.  S.  4. 

Discrimination  by  railroad  between  telegraph  com- 
panies. Where  a  railroad  company,  a  common  carrier, 
is  engaged  in  voluntarily  transporting  and  delivering 
between  stations  on  its  line,  employes  and  freight  for 
one  incorporated  telegraph  company  and  refuses  similar 
services  to  others,  without  giving  sufficient  excuse  for 
such  refusal,  the  railroad  company  as  a  common  carrier 
is  guilty  of  unjust  discrimination,  and  may  be  compelled 
to  perform  like  service,  for  reasonable  compensation,  for 
another  incorporated  telegraph  company,  even  though 
the  service  being  voluntarily  rendered  is  under  a  con- 
tract, when  it  is  not  shown  that  such  service  differs  from 
that  performed  by  the  railroad  company  as  a  common 
carrier  for  other  shippers  except  as  to  delivery  between 
stations.  State  ex  rel.  Ellis  v.  Atlantic  C.  L.  R.  Co., 
41  So.  Rep.  705,  44  Am.  and  Eng.  R.  Cas.  N.  S.  273. 

Discrimination  in  building  sidings.  The  L.  &  N.  Ry. 
Co.  constructed  a  spur  track  in  a  city  street  over  which 
it  received  and  delivered  from  and  to  persons  owning 
land  abutting  on  the  street  and  engaged  in  business 
there,  the  freight  so  received  and  delivered  being  all  of 
a  class  known  as  dead  freight  that  could  be  handled  at 
the  convenience  of  the  railroad  company.  The  B.  Co. 
requested  the  L.  &  N.  R.  Co.  to  construct  a  siding  from 
the  spur  track  to  its  stock  yard  (a  distance  of  40  feet), 
for  the  purpose  of  receiving  and  delivering  cars  of  live 
stock.  It  would  be  necessary  for  the  railroad  company 
to  receive  and  deliver  cars  of  live  stock  without  delay 
and  to  employ  extra  men  in  order  to  care  for  traffic. 
It  was  held  that  the  difference  in  the  business  in  han- 
dling "live  stock"  and  "dead  freight"  was  so  great  and 
distinct  that  a  refusal  by  the  railroad  company  to  af- 
ford equal  facilities  did  not  constitute  an  unjust  dis- 
crimination. Butcher  v.  D.  S.  Yd.  Co.  and  L.  &  N.  R. 
Co.,  67  Fed.  35. 

Spur  tracks  in  Illinois — Mandamus  to  compel. 
By  section  5,  Article  13,  of  the  constitution  of  the 
State  of  Illinois,  it  is  made  the  legal  duty  of  rail- 
road companies  to  permit  connections  to  be  made 
with  their  tracks,  so  that  any  public  warehouse,  coal 
bank  or  coal  yard  may  be  reached  by  the  cars  on 
their  roads.  The  command  to  allow  such  connection 
is  imperative,  and  when  a  railroad  company  has  permit- 
ted the  owner  of  a  coal  mine  to  build  a  sidetrack,  con- 
necting its  main  track  with  the  mine,  and  continues  for 
years  to  furnish  cars  to  haul  coal  from  the  mine  over 
its  line,  such  side-track  must  be  considered  as  a  part  of 
the  line ;  and  if  it  disconnects  such  side-track,  it  may  by 
mandamus  be   compelled   to    restore    such   connection. 

When  there  are  several  railroads  passing  near  a  coal 


mine,  the  same  constitutional  obligations  rest  upon  all 
of  them  to  permit  connections  with  their  several  tracks. 
Chicago  &  A.  R.  R.  Co.  v.  Suffom,  129  111.  274. 

Discrimination — Carrier's  duty  includes  carriage  and 
delivery  for  other  carriers.  It  is  the  duty  of  a  common 
carrier  to  accept  and  carry  all  freight  tendered  it  and 
to  make  delivery  to  the  consignor  if  the  destination  is 
on  its  lines,  but  if  destined  to  a  point  not  on  its  lines, 
it  must  nevertheless  accept  and  carry  such  freight  to- 
the  end  of  its  lines  and  there  deliver  it  to  the  connect- 
ing carrier,  with  the  instructon  of  the  consignor,  and 
a  common  carrier  is  as  much  bound  to  carry  for  another 
common  carrier  as  for  other  persons.  Louisville,  etc., 
R.  Co.  V.  Central  S.  Y.  Co.,  Ky.,  97  S.  W.  778. 

Railroad  may  change  mode  of.  operation — No  vested 
tight  in  shipper  in  existing  mode.  A  railroad  com- 
pany having  a  newly  constructed  line,  by  permitting 
owners  of  mines  to  load  ears  with  coal  from  wagons  on 
its  side-tracks  for  a  number  of  months,  did  not  give 
them  a  vested  right  to  continue  such  manner  of  loading, 
nor  lose  its  common-law  right  to  change  its  regulations 
and  refuse  longer  to  receive  coal  for  shipment  in  such 
manner  when  the  volume  of  business  became  such  that 
to  permit  such  use  would  not  only  interfere  with  the 
operation  of  trains  and  cause  loss,  but  would  also  by 
reason  of  the  slowness  of  the  method  result  in  serious 
loss  and  inconvenience  to  other  shippers,  and  to  the 
public.  A  railroad  company  which  had  previously  per- 
mitted the  loading  of  cars  with  coal  on  its  side-tracks,  at 
a  station,  withdrew  such  pennission,  and  refused  to  fur- 
nish cars,  to  be  so  loaded.  Certain  mine  owners  through 
agreement  with  railroad  lines  built  private  spur  tracks 
to  their  mines.  These  were  furnished  cars,  some  of 
which  they  loaded  from  wagons  while  standing  on  such 
spur  tracks,  before  the  development  of  mines,  and  the 
construction  of  tipples  for  loading.  The  court  held 
that  the  furnishing  of  cars  for  such  purposes,  while  re- 
fusing to  furnish  cars  at  the  station  tracks,  did  not 
constitute  the  giving  of  an  undue  preference  either 
under  the  common  law  or  the  statute  of  Arkansas  (Laws 
1899,  p.  89)  prohibiting  the  giving  of  any  preference 
in  the  furnishing  of  cars.  Harp  &  St.  L.  R.  v.  0.  R. 
Co.,  las  Fed.  445 ;  L.  R.  &  St.  L.  R.  v.  Oppenheimer, 
64  Ark.  271,  44  L.  R.  A.  353. 

Rebates.  The  published  tariff  schedules  of  defendant, 
an  interstate  carrier  by  rail,  gave  its  rate  on  packing 
house  products  from  Kansas  City,  Kan.,  including  the 
rate  charged  by  a  belt  line  company  for  carriage  between 
Kansas  City,  Kan.,  and  Kansas  City,  Mo.,  to  a  con- 
nection with  defendant's  road.  Defendant  charged  and 
received  such  rate  from  a  packing  company,  paid  the 
charge  of  the  belt  line  company,  and  afterward  paid 
back  to  the  packing  company  the  sum  of  $1.00  upon 
each  car  so  shipped.  Held  that  such  repayment  con- 
stituted the  granting  of  a  rebate  in  violation  of  the 
interstate  commerce  act  and  could  not  be  justified  as  law- 
ful on  the  ground  that  it  was  an  allowance  to  the  pack- 
ing company  for  the  use  of  its  own  private  track  in 
moving  the  cars  from  its  shipping  building  to  a  con- 
nection with  the  belt  line  track.  United  States  v. 
C.  &  A.  Ry.  Co.  (111.),  156  Fed.  Rep.  558;  84  C.  C.  A. 
324. 

Rebates.  A  rebate  or  concession  from  a  part  of  a 
single  rate  whereby  property  is  transported  thereunder 
at  a  less  rate  than  the  established  rate  is  a  concession 
from  the  entire  rate,  and  renders  all  transportation 
thereunder  illegal.    Packing  Co.  v.  U.  S.,  209  U.  S.  56. 

Preference  and  discriminations.     Under  the  express 


Digest  of  Decisions 


137 


provisions  of  the  act  a  common  carrier  is  required  not 
to  make  or  give  any  undue  or  unreasonable  preference 
or  advantage  to  any  particular  firm,  person,  or  corpora- 
tion or  locality,  or  to  any  particular  description  of 
traffic,  or  subject  any  particular  firm,  corporation,  or 
locality,  or  any  particular  description  of  traffic,  nor  to 
any  undue  or  unreasonable  prejudice  or  disadvantage  in 
any  respect  whatsoever,  but  this  duty  only  applies  where 
the  circumstances  or  conditions  are  substantially  similar. 
U.  S.  V.  Oregon  R.  &  N.  Co.  (Ore.),  159  Fed.  Eep. 
975. 

-  A  railroad  agreed  with  A,  a  large  shipper  of  lumber, 
that  if  A  would  build  a  tram  road  and  deliver  lumber 
thereover  to  it,  it  would  pay  him  one-half  cent  per  100 
pounds.  A  built  the  road  and  delivered  lumber  there- 
over, which  the  railroad  accepted  and  shipped.  Held 
the  railroad  was  liable  for  the  stipulated  price.  Wil- 
cox V.  Durham,  etc.,  R.  Co.  (1910),  —  N.  C.  — ,  67  S. 
E.  Rep.  758. 

Indictment.  An  indictment  under  the  Elkins  act 
held  sufficient  where  it  charged  in  the  language  of  the 
statute  that  defendant  "did  knowingly  accept  and  re- 
ceive" from  the  carrier  a  concession  in  respect  to  the 
transportation  of  its  property  in  interstate  commerce. 
Standard  Oil  Co.  v.  U.  S.  (1910),  79  Fed.  Rep.  614, 
citing  Armour  Pkg.  Co.  v.  U.  S.  (1908),  209  U.  S. 
56,  28  Sup.  Ct.  Rep.  428,  52  L.  Ed.  681. 

Discrimination.  Carriers  cannot  be  charged  with 
discriminating  against  shippers  of  oil  in  barrels  and 
in  favor  of  shippers  of  oil  in  tank-cars  owned  by  the 
shippers,  who  can  afford  to  build  and  furnish  them,  the 
carriers  having  none  of  their  own,  where  the  transporta- 
tion by  tank-cars  is  more  remunerative  to  the  carriers 
than  the  transportation  by  barrels,  and  the  barrel  ship- 
pers have  no  demand  for  tank-cars,  and  cannot  use 
them  economically  for  shipment  to  the  particular  des- 
tination on  account  of  the  lack  of  facilities  for  unload- 
ing at  that  point.  Penn.  Refining  Co.  v.  W.  N.  Y.  & 
P.  R.  Co.,  208  U.  S.  208. 

Rates — Contract.  An  agreement  by  a  carrier  to  trans- 
port freight  at  lower  rates  than  those  filed  with  the 
Interstate  Commerce  Commission  is  illegal.  B.  &  0. 
Ry.  Co.  V.  LaDue,  108  N.  Y.  Supp.  659,  57  Misc.  Eep. 
614. 

Discrimination — Live  stock  and  dressed  meats.  The 
cost  of  carriage,  the  risk  of  injury,  and  the  larger 
amount  which  the  railway  companies  are  called  upon  to 
pay  out  in  damages  for  losses  may  excuse  a  higher 
freight  rate  on  live  stock  than  on  dressed  meats  and 
packinghouse  products.  Interstate  Commerce  Commis- 
sion V.  Chi.  Gt.  W.  Ry.  Co.  (111.),  2«9  U.  S.  108. 

Discrimination — Transportation  facilities.  A  rail- 
road company  may  establish  a  station  for  the  especial 
accommodation  of  a  particular  customer  and  refuse  to 
establish  a  like  station  elsewhere  for  the  accommoda- 
tion of  others,  and  may  also  grant  to  one  person  the 
right  to  erect  a  warehouse  or  elevator  on  its  right  of 
way,  and  refuse  to  grant  the  same  privilege  to  another 
on  the  e.xercise  of  its  right  of  private  property.  U.  8. 
V.  Oregon  R.  &  N.  Co.,  U9  Fed.  Rep.  975. 

Discrimination — Prepaid  charges.  An  interstate  car- 
rier does  not  subject  a  consignee  to  an  unreasonable 
prejudice  or  disadvantage  under  the  interstate  commerce 
act  by  exacting,  after  due  notice,  the  prepayment  of 
charges,  while  it  does  not  require  such  charges  to  be 
paid  in  advance  on  freight  consigned  to  others  similarly 
situated.  The  interstate  commerce  act  does  not  pro- 
hibit" the  giving  of  all  preferences  and  advantages,  or 


the  production  of  all  prejudices  and  disadvantages,  but 
only  those  that  are  unjust  and  unreasonable.  Oambel- 
Robinson  Com'n  Co.  v.  C.  &  N.  W.  Ry.  Co.,  168  Fed. 
Rep.  161. 

Contracts  for  less  than  schedule  rate  void.  It  is  be- 
yond the  power  of  either  a  railroad  company  or  a  shipper 
to  make  a  valid  contract  for  a  less  rate  than  the  public 
schedule  filed  with  the  Interstate  Commerce  Commis- 
sion, and  notwithstanding  such  a  contract  the  liability 
of  the  shipper  is  the  rate  so  published  and  filed.  Pecos 
Valley  &  N.  E.  Ry.  Co.  v.  Harris,  94  Pac.  Rep.  951 ; 
Fisher  v.  Gt.  No.  Ry.  Co.,  49  Wash.  205,  95  Pac.  Rep. 
77. 

Discrimination  in  furnishing  cars.  Recovery  of  $17,- 
500  by  a  shipper  of  coal  for  discrimination  in  furnish- 
ing cars  by  the  railroad  affirmed.  Hillsdale  Coal  & 
Cole  Co.  V.  Pennsylvania  R.  Co.  (1910),  229  Pa.  61, 
78  Atl.  Rep.  28. 

Discrimination  between  tug  owners.  A  railroad  that 
builds  a  pier  from  which  vessels  may  be  loaded  has  no 
power  to  require  vessels  loading  at  such  pier  to  employ 
any  particular  tug  owner.  The  vessel  owners  may  em- 
ploy such  tugs  as  thev  please.  Baker  Whiteley  Coal  Co. 
V.  Baltimore  d-  Ohio'R.  Co.  (1911),  188  Fed.  Rep.  405. 
Discrimination  between  localities — Like  service — 
Same  traffic — Section  two,  and  Elkins  act.  "The  Bur- 
lington indictment  has  123  counts,  and  charges  de- 
fendant, the  Standard  Oil  Company  of  New  York,  with 
having  knowingly  received  an  unjust  discrimination 
from  the  Pennsylvania  Railroad  Company  in  relation 
to  the  shipment  of  certain  petroleum  from  Olean,  N.  Y., 
to  Burlington,  Vt.,  in  violation  of  Section  1  of  the 
Elkins  act.  Concededly  the  vital  question  involved  is 
whether  a  discrimination  between  localities  or  a  dis- 
crimination between  shippers  is  charged.  By  Section  2 
of  the  act  to  regulate  commerce  it  is  made  an  offense 
for  a  carrier  to  charge,  demand,  collect,  or  receive  from 
any  person  or  persons  a  greater  or  less  compensation 
for  transporting  any  freight  than  it  receives  from  any 
other  person  for  doing  a  like  and  contemporaneous  serv- 
ice in  the  transportation  of  a  like  kind  of  property  un- 
der substantially  similar  circumstances  and  conditions. 
Under  the  Elkins  act  the  person  or  corporation  who  re- 
ceives a  discrimination  in  his  favor  offends  against  the 
statute. 

"The  gist  of  the  offense  described  by  section  2  is  the 
payment  of  a  different  rate  for  performing  a  like  serv- 
ice; the  traffic  being  the  same,  under  substantially  the 
same  conditions  and  circumstances.  By  section  3  of 
the  act  of  1887,  undue  and  unreasonable  preferences 
and  advantages  to  any  shipper  or  locality  are  forbidden. 
This  section  is  broader  than  section  2  and  includes  the 
question  of  reasonableness  or  unreasonableness  of  rates 
charged  and  any  advantages  in  facilities  and  conven- 
iences given  or  received.  United  States  v.  Delaware, 
L.  &  W.  R.  Co.  (C.  C),  40  Fed.  101.  .  .  .  It  is  al- 
leged that  the  initial  carrier,  the  Pennsylvania  Railroad 
Company,  pursuant  to  a  common  arrangement  with  the 
New  York  Central  &  Hudson  River  Railroad  Company, 
the  Rutland  Railroad  Company,  and  the  Central  Ver- 
mont Railway  Company,  connecting  carriers,  transported 
petroleum  for  the  defendant  from  Olean,  N.  Y.,  to  Bur- 
lington, Vt.  (468  miles  distant),  at  the  agreed  rate  of 
17.8  cents  per  100  pounds,  and  refused  to  accept  at  said 
rate  any  petroleum  for  transportation  from  shippers  lo- 
cated in  Bradford  and  certain  other  towns  in  Penn- 
sylvania, mentioned  in  the  indictment,  which  are  far- 
ther distant  from  Burlington  than  Olean,  from  20  to 


138 


National  Association  of  Eailway  Commissioners 


^ 


136  miles,  or  at  a  proportionately  greater  rate  based 
upon  their  greater  distances  from  Burlington;  that  the 
carriers  which  had  made  a  traffic  arrangement  for  a 
continuous  transportation  of  petroleum  from  Olean  to 
Burlington  refused  to  accept  shipments  to  Burlington 
from  such  other  places  and  localities  (other  than  Olean) 
at  a  less  rate  than  33  cents  per  100  pounds;  that  the 
circumstances  and  conditions  of  the  transportation  of 
oil  from  said  places  to  Burlington  were  substantially 
similar  to  the  existing  conditions  and  circumstances  sur- 
rounding the  transportation  of  such  commodity  from 
Olean  to  Burlington.  The  indictment  further  charges 
that  shippers  from  towns  and  localities  in  the  State  of 
Pennsylvania,  except  Bradford,  were  charged  for  for- 
warding property  to  points  in  other  States  located  in  a 
southern  or  western  direction  from  Olean,  except  pe- 
troleum, the  same  tariff  rates  as  were  exacted  from  ship- 
pers from  Olean,  while  shippers  from  Bradford  of 
goods,  except  petroleum,  were  charged  the  same  tariff 
rates  for  forwarding  in  all  directions  as  were  charged 
shippers  from  Olean.     .     .     . 

"After  painstaking  consideration  of  the  problems  and 
difficulties  presented  by  counsel  for  defendant,  I  have 
reached  the  conclusion  that  any  doubts  that  I  may  have 
in  relation  to  the  correct  interpretation  of  the  statute 
must  be  resolved  in  favor  of  the  evident  intendment  of 
congress,  namely,  that  equality  among  shippers  should 
be  maintained,  and  unjust  discrimination  and  favorit- 
ism of  all  kinds  condemned. 

"...  I  think  the  case  of  Texas  &  Pac.  Railway 
Co.  V.  Abilene  Cotton  Oil  Co.  (recently  decided  by  the 
Supreme  Court  of  the  United  States),  204  U.  S.  426, 
and  to  which  my  attention  has  been  called  subsequent 
to  the  argument,  may  also  be  distinguished  from  the 
case  at  bar.  In  this  case  the  indictment  alleges  that 
there  were  shippers  at  Bradford  and  other  localities 
named  therein  who  would  have  shipped  petroleum  from 
such  localities  to  Burlington  if  it  were  not  for  the  ex- 
cessive rate  demanded,  and  that  such  shipments  would 
have  been  under  substantially  similar  circumstances 
and  conditions  to  those  from  Olean,  and,  furthermore, 
that  shippers  from  Bradford  were  charged  the  same 
forwarding  or  carrying  rates  on  all  traffic  except  pe- 
troleum in  all  directions  as  were  charged  shippers  from 
Olean.  Whether  the  existing  conditions  justified  a  dis- 
similarity of  rates  such  as  the  carrier  chose  to  make 
must  be  determined  as  a  question  of  fact  on  the  trial. 

"It  is  true  that  in  the  case  of  Wight  v.  United  States, 
167  U.  S.  512,  17  Sup.  Ct.  822,  43  L.  Ed.  258,  the 
Supreme  Court  declared  that  section  2  prohibited  any 
'rebate  or  other  device  by  which  two  shippers  shipping 
over  the  same  line,  the  same  distance,  under  the  same 
circumstances  of  carriage,  are  compelled  to  pay  different 
prices  therefor.'  And,  while  this  holding  would  seem 
to  support  the  view  that  the  shipment  must  be  'the 
same  distance'  as  that  phrase  is  literally  understood, 
still  when  applied  to  the  transportation  of  freight,  such 
a  construction  is  thought  to  be  too  narrow. 

"The  court  does  not  say  that  there  must  be  the  same 
mileage  distance.  If  it  is  true  that  Bradford  was  re- 
garded by  the  carriers  as  being  practically  in  the  same 
freight  zone,  then  it  is  apparent  that  the  ordinary  sig- 
nification of  the  phrase  quoted  is  of  latitudinal  extent, 
and  does  not  imply  any  precise  space  or  limits  between 
different  points.  The  signification  of  the  phrase,  there- 
fore, 'between  carrying  points,'  must  be  governed  by 
what  is  commonly  understood  between  carriers. 

"In  United  States  v.  Hanley  (D.  C),  71  Fed.  674,  it 


was  held  that,  to  substantiate  the  offense  under  Section 
2,  there  must  be  two  shippers,  one  receiving  a  more 
advantageous  rate  than  the  other.  It  is  true  that  in 
this  indictment  no  distance  of  a  shipment  from  Brad- 
ford and  other  localities  to  Burlington  at  the  greater 
rate  quoted  is  shown,  but  it  sufficiently  appears  that 
there  were  other  refiners  located  at  the  points  men- 
tioned who  were  competitors  of  the  defendant  who 
would  have  shipped  to  Burlington  had  the  rates  been 
equal.  In  this  respect  the  Hanley  case  is  distinguish- 
able; and,  the  admitted  facts  being  different,  it  is  not 
a  controlling  authority  upon  the  question  under  consid- 
eration. 

"The  next  point  is  that  the  indictment  is  defective  be- 
cause it  does  not  allege  a  departure  from  a  tariff  rate 
printed  and  filed  in  accordance  with  Section  6.  The 
Elkins  act,  however,  is  not  restricted  to  alleged  depart- 
ures from  an  established  tariff  rate,  but  the  statute  is 
violated  if  any  other  advantage  is  given  a  shipper  where- 
by a  discrimination  is  practiced. 

"...  Even  though  the  indictment  fails  ta 
charge  the  filing  and  publication  of  the  17-cent  rate,  it 
nevertheless  alleges  that  the  33-cent  rate  from  Bradford 
and  other  localities  was  quoted  to  shippers  at  those 
points,  and  that  the  carrier  refused  to  accept  shipments- 
of  oil  from  shippers  at  such  points  at  a  rate  less  than  33 
cents,  all  of  which  was  known  to  the  defendant.  In  these 
circumstances  it  may  be  presumed  that  the  defendant 
had  knowledge  that  oil  producers  in  the  localities  speci- 
fied in  the  indictment,  except  Olean,  were  absolutely 
prevented  from  shipping  their  commodity  to  Burlington 
in  competition  with  defendant  because  of  unjust,  ex- 
tortionate, and  discriminating  freight  charges  demanded 
by  the  carrier  of  other  shippers. 

"It  may  be  presumed  that  the  Standard  Oil  Company 
was  aware  that  it  received  an  advantage  such  as  enabled 
it  to  dispose  of  its  commodity  in  the  Burlington  mar- 
ket, to  the  detriment  and  exclusion  of  other  shippers. 
It  may  be  presumed  that  it  knew  that  the  difference 
between  the  rate  paid  by  it  and  the  33-cent  rate  quoted 
to  other  shippers  was  relatively  too  high,  and  that  n» 
reasonable  differential  was  made  .by  the  carrier.  The 
acceptance  of  such  advantages  manifestly  evidenced  a 
favoritism  which  is  abhorred  by  the  interstate  commerce 
act,  and  in  the  situation  presented  the  defendant  must  be 
held  to  have  unlawfully  received  a  discrimination  or  con- 
cession in  its  favor."  United  States  v.  Vacuum  Oil  Co., 
153  Fed.  Eep.  598. 

Rates — Discrimination — Excess  charges — Reconsign- 
ment  privilege.  Sections  2^  and  3.  "The  remaining 
question  presented  by  any  proper  assignment  of  error 
is  whether  the  finding  supports  the  judgment.  Hay 
that  comes  into  East  St.  Louis  by  boat  or  by  wagon  has 
to  pay  plaintiff  in  error,  whose  northwestern  terminus 
is  East  St.  Louis,  a  local  rate  of  five  cents  a  hundred- 
weight to  the  Ohio  river.  Plaintiff  in  error  is  not 
obliged  to  do  business  beyond  its  own  tracks;  but  if  it 
does  it  cannot  make  its  voluntary  undertakings  the 
ground  for  unreasonable  rates  and  unjust  discrimina- 
tions and  undue  disadvantages.  Shipments  that  origi- 
nate at  East  St.  Louis  cannot  avoid  the  southeastern 
railroads  that  begin  there;  but  shipments  that  originate 
in  northwestern  territory  may  go  by  other  routes.  To 
increase  its  traffic  plaintiff  in  error  offers  to  take  hay 
of  northwestern  origin  from  connecting  roads  and  carry 
it  at  cheaper  rates,  with  or  without  the  reconsigning 
privilege,  than  it  carries  hay  of  East  St.  Louis  origin. 
The  rates  on  through  business  do  not  prove  that  the 


Digest  of  Decisions 


139 


local  rate  is  unreasonable;  and,  on  the  other  hand,  the 
local  rate  can  throw  no  light  on  the  Justice  or  injustice 
of  discrimination  between  shipments  of  northwestern 
hay  of  the  same  origin  and  destination.  The  local  rate 
has  nothing  to  do  with  the  case  as  we  view  it.  The 
comparison  is  between  the  through  rate  without  the 
reconsigning  privilege.  The  complaint  concedes,  by 
not  denying,  that  the  through  rate,  aside  from 'the  re- 
consigning  privilege,  is  just  and  reasonable.  The  at- 
tack is  upon  the  charge  exacted  for  the  reconsigning 
privilege  and  upon  that  alone.  As  we  have  already 
indicated,  plaintiff  in  error  is  engaging  in  a  business 
which  it  could  not  have  been  compelled  to  undertake; 
but,  undertaking  it,  it  brings  itself  within  the  require- 
ments of  the  act  to  regulate  commerce.  The  finding,  in 
our  opinion,  supports  the  conclusion  that  the  exaction 
is  in  violation  of  Section  1,  as  being  excessive,  and 
thereby  produces  unjust  discriminations  and  undue  dis- 
advantages, in  violation  of  Sections  2  and  3."  Southern 
By.  Co.  V.  St.  Louis  Hay  &  Grain  Co.,  153  Fed.  Eep. 
728,  734,  C.  C.  A. 

Section  Three. 

Undue  preference  unlawful — Interchange  of  traffic. 
Unlawful  for  any  carrier  to  make  or  give  any  undue 
or  unreasonable  preference  or  advantage  to  any  par- 
ticular person,  corporation,  locality  or  traffic,  or  sub- 
ject any  such  person,  corporation,  locality  or  traffic  to 
any  undue  or  unreasonable  prejudice  or  disadvantage. 

Every  carrier  to  afford  reasonable,  proper  and  equal 
facilities  for  interchange  of  traffic  to  and  from  their 
several  lines,  and  those  connecting  therewith,  and  not 
to  discriminate  in  their  rates  and  charge  between  such 
connecting  lines;  but  this  is  not  to  be  construed  as  re- 
quiring any  such  carrier  to  give  the  use  of  its  tracks  and 
terminal  facilities  to  another  carrier  engaged  in  like 
business. 

Effect  of  English  statutes  and  decisions  on  interstate 
commerce.  Statutes  regulating  the  charges  to  be  made 
by  carriers,  and  subjecting  the  general  conduct  of  rail- 
ways to  the  supervision  of  a  railway  commission,  have 
existed  in  England  since  1854,  the  year  in  which  the 
railway  and  canal  tariff  act  was  passed,  which  required 
railway  and  canal  companies  to  afford  reasonable  facili- 
ties to  all  shippers  and  prohibited  unjust  discrimination. 
The  act  was  designed  further  to  remedy  the  evils  re- 
sulting from  the  inharmonious  workings  of  the  various 
companies  with  respect  to  through  traffic. 

These  acts  consist  of  Eailway  and  Canal  Tariff  Act 
(1854),  17  and  18  Viet.,  c.  31;  Eegulation  of  Eailway 
Act  (1868),  31  and  32  Viet.,  c.  119;  Ibid.  (1873),  36 
and  37  Vict.,  c.  48.  See  also  Carrier  Act  (1830),  1 
William  IV.,  c.  68.  In  the  appendix  to  Volume  27, 
American  and  English  Eailway  Cases,  the  English  stat- 
utes are  set  out  in  full  with  annotations  by  Adelbert 
Hamilton.  The  English  cases  are  entitled  to  much 
weight  in  this  country,  chiefly  on  account  of  the  simi- 
larity of  the  English  traffic  act  and  our  interstate  com- 
merce act  and  the  various  State  acts  on  the  same  sub- 
ject. In  the  ease  of  Interstate  Commerce  Commission 
V.  Baltimore  &  Ohio  R.  Company,  43  Fed.  37,  Justice 
Jackson  in  his  opinion  cites  and  reviews  a  number  of 
English  cases  in  construing  Sections  2  and  3  of  the 
interstate  commerce  act,  which  is  substantially  the  same 
as  the  English  tariff  act  (Section  90  of  1845  and  Section 
2  of  1854),  and  said:  "The  English  cases  upon  the 
question  of  'undue  preference'  which  have  arisen  under 


said  sections  will  be  found  to  confirm  the  construction 
we  have  placed  on  Sections  2  and  3  of  the  act,  and  also 
show  the  elements  which  may  properly  be  considered 
in  determining  whether  'undue  preference'  has  been 
given  or  'undue  disadvantage'  has  been  imposed.  The 
history  and  bearing  of  the  equality  clause  of  the  act  of 
1845  is  elaborately  discussed  by  Blackburn,  J.,  in  the 
case  of  Railway  Co.  v.  Sutton,  L.  B.  4,  H.  L.  238,  38 
L.  J.  Exch.  177.  With  respect  to  the  'undue  prefer- 
ence' forbidden  by  Section  2  of  the  act  of  1854,  which 
was  a  mere  enlargement  of  Section  90  of  the  act  of 
1845,  the  English  cases,  stated  generally,  hold  that  a 
preference  to  be  'undue'  must  be  a  preference  of  a 
person  similarly  circumstanced  and  bringing  a  similar 
profit  to  the  company."    Citing  Hozier  v.  Railway  Co., 

1  Nev.  &  McN.  30;  Joties  v.  Railway  Co.,  Id.  45; 
Painter  v.  Railway  Co.,  2  C.  B.  (IST.  S.)  702;  Ex-parte 
Ilfracombe  Public  C.  Co.,  Wkly.  Notes  (1868)  289; 
Ransom  v.  Railway  Co.,  1  C.  B.  (N.  S.)  437,  26  Law  J. 
C.  P.  91;  Oxlade  v.  Railway  Co.,  1  C.  B.  (N.  S.)  454, 
26  L.  J.  C.  P.  129;  Nicholason  v.  Railway  Co.,  5  C.  B. 
(N.  S.)  435,  28  L.  J.  C.  P.  89;  Bellsdyke  Coal  Co.  v. 
Railway  Co.,  2  Nev.  &  McN.  105-110;  Baxendale  v. 
Railway  Co.  (Beading)  Case,  5  C.  B.  (N.  S.)  336,  28 
Law  J.  C.  P.  81.  .  .  .  As  regards  the  undue  prefer- 
ence "branch  of  the  English  acts"  the  effect  of  the  de- 
cisions seems  to  be  that  a  company  is  bound  to  give  the 
same  treatment  to  all  persons  equally  under  the  same 
circumstances;  but  that  there  is  nothing  to  prevent  a 
company,  if  acting  with  a  view  to  its  own  profit,  from 
imposing  such  conditions  as  may  incidentally  have  the 
effect  of  favoring  one  class  of  traders,  or  one  town  or  one 
portion  of  their  traffic,  provided  the  conditions  are  the 
same  to  all  persons,  that  they  are  really  imposed  for 
the  benefit  of  the  railway  company.  Report  of  the 
Amalgamation  Committee  of  1872,  p.  13.  Our  act  to 
regulate  commerce  having  adopted  substantially  Sections 

2  and  90  of  the  English  railway  traffic  acts  of  1854  and 
1845,  the  settled  construction  which  the  English  courts 
had  given  to  their  terms  and  provisions  must  be  re- 
ceived as  incorporated  into  our  statute.  McDonald  v. 
Hovey,  110  U.  S.  619,  4  Sup.  Ct.  Eep.  142.  The  Eng- 
lish cases  referred  to  above,  and  others  that  might  be 
cited,  .establish  the  rule  that,  in  passing  upon  the  ques- 
tion of  undue  or  unreasonable  preference  or  disadvan- 
tage, it  is  not  only  legitimate,  but  proper,  to  take  into 
consideration,  besides  the  mere  difference  in  charges, 
various  elements,  such  as  the  convenience  of  the  public, 
the  fair  interest  of  the  carrier,  the  relative  quantities 
or  volume  of  traffic  involved,  the  relative  cost  of  the 
services  and  the  profit  to  the  company,  and  the  situation 
and  circumstances  of  the  respective  customers  with  ref- 
erence to  each  other  as  competitive  or  otherwise.  In- 
terstate Commerce  Commission  v.  Baltimore  &  Ohio  R. 
Co.,  43  Fed.  37. 

Preference  and  advantage  questions  of  fact,  not  of 
law — Competition.  The  third  section  forbids  "any  un- 
due or  unreasonable  preference  or  advantage."  The  mere 
circumstance  that  there  is  in  a  given  case  a  preference 
or  an  advantage,  does  not,  of  itself,  show  that  such  pref- 
erence or  advantage  is  undue  or  unreasonable.  There 
is  nothing  in  the  act  which  defines  what  shall  be  held 
to  be  due  or  undue,  reasonable  or  unreasonable.  Such 
questions  are  not  of  law,  but  of  fact;  and  those  facts 
and  matters  which  carriers,  apart  from  any  question 
arising  under  the  statute,  would  treat  as  calling,  in 
given  cases,  for  preference  or  advantage,  are  facts  and 
matters  which  must  be  considered  in  forming  judgment 


140 


National  Association  of  Railway  Commissioners 


whetlier  such  preference  or  advantage  was  undue  or  un- 
reasonable. 

Among  the  circumstances  and  conditions  to  be  con- 
sidered, as  well  in  the  cases  of  traffic  originating  in 
foreign  parts  as  in  the  case  of  traffic  originating  in  the 
limits  of  the  United  States,  competition  that  affects 
rates  should  be  considered;  and,  in  deciding  whether 
rates  and  charges,  made  at  a  low  rate  to  secure  foreign 
freight  which  would  otherwise  go  by  competitive  routes, 
are  or  are  not  undue  or  unjust,  the  fair  interest  of  the 
carriers,  and  the  welfare  of  the  community  which  is  to 
receive  and  consume  the  commodities  are  to  be  consid- 
ered. Int.  Com.  Comm.  v.  Alabama  Midland  R.  Co., 
168  U.  S.  144;  Texas  &  Pac.  Ry.  Co.  v.  Ini.  Com. 
Comm.,  162  U.  S.  197. 

Special  train.  An  agreement  to  ship  horses  by  a  spe- 
cial fast  train  to  a  horse  show,  made  with  a  single  ship- 
per. Held  not  to  violate  the  interstate  commerce  act. 
Kirby  v.  Chicago  &  Alton  R.  Co.  (1909),  242  111.  418, 
90  N.  E.  Rep.  2S2. 

Advertising  space.  A  railroad's  contract  for  the  ex- 
clusive use  of  its  cars  for  advertising  purposes  is  void 
both  as  being  preferential  and  ultra  vires.  National 
Car  Advertising  Co.  v.  Louisville  &  N.  R.  Co.  (1909), 
110  Va.  413,  24  L.  R.  A.  (N.  S.)  1010,  66  S.  E.  Rep. 
88. 

Private  track.  A  lumber  company  built  ten  miles 
of  standard-gauge  railroad  for  the  sole  purpose  of  get- 
ting its  lumber  to  the  main  line  of  the  Arkansas  South- 
ern Railroad.  It  then  made  a  contract  to  give  another 
lumber  company  preferential  rates  for  the  carriage  of 
all  its  lumber  over  the  road.  Held  that  the  contract 
was  binding.  Edgar  Lumber  Co.  v.  Cornil  Stave  Co. 
(1910),  Ark.  130  S.  W.  Rep  452. 

Freight  must  he  paid  in  money.  A  railroad  agreed  to 
pay  for  a  tie-hoist  built  for  it  by  shipper  by  rebating 
to  the  shipper  10  per  cent  of  all  freight  paid  it.  Held 
that  the  contract  gave  a  preference  to  the  shipper  and 
that  the  shipper  could  not  recover  damages  for  the 
breach  of  the  contract  by  the  railroad.  (1909)  Chesa- 
peake &  0.  Ry.  Co.  V.  Standard  Lumber  Co.  (1909), 
174  Fed.  Rep.  107,  98  C.  C.  A.  81. 

Disadvantage  in  location  of  station  as  compared  with 
rival  may  justify  free  cartage.  In  order  to  obtain  and 
preserve  its  traffic  a  carrier  is  justified  in  furnishing 
free  cartage  where  its  station  is  a  much  farther  distance 
from  the  center  of  traffic  than  the  station  of  the  rival 
carriers.  The  furnishing  of  free  cartage  by  a  carrier 
at  some  point  and  not  at  others  may  or  may  not  con- 
stitute an  unlawful  preference  or  advantage.  It  is  not. 
unlawful,  if,  under  the  existing  circumstances,  such  dis- 
crimination is  reasonable  and  necessary  for  the  benefit 
of  the  carrier,  and  especially  when  there  is  no  competi- 
tion between  the  two  points.  Detroit,  etc.,  R.  R.  Co.  v. 
Int.  Com.  Comm.,  74  Fed.  803. 

Collection  and  delivery  of  goods  by  carrier  subject  to 
provisions  of  act. .  "These  English  cases  abundantly 
establish  three  propositions  in  relation  to  this  subject: 
(1)  That  the  collecting  and  delivery  of  goods  is  a  sep- 
arate and  distinct  business,  notwithstanding  the  con- 
fusion to  which  we  have  adverted;  (2)  that  the  rail- 
road companies,  undertaking  to  do  for  tliemselves  this 
separate  business,  cannot,  by  consolidating  the  com- 
pensation for  each,  avoid  the  restmctions  that  have  been 
imposed  upon  them  in  respect  of  unlawful  discrimina- 
tions, and  it  is  amply  within  the  power  of  the  railway 
commissions  and  the  courts,,  according  to  the  facts  of 


each  particular  case,  to  separate  the  two,  in  order  tc 
prevent  such  an  unlawful  combination;  (3)  that,  not- 
withstanding the  separable  and  independent  character 
of  the  two  services,  both,  whether  in  the  hands  of  tht 
same  or  separate  carriers,  are  subject  to  the  rules  and 
regulations  prescribed  by  the  law  to  prevent  unlawful 
discriminations."  Detroit,  etc.,  R.  Co.  v.  Interstate  Com- 
merce Commission  (C.  C.  A.)  74  Fed.  Rep.  812,  citing 
Pickford  v.  Grand  Junction  R.  Co.,  10  M.  &  W.  399: 
Parker  v.  Great  Western  R.  Co.,  7  M.  &  G.  253 ;  Parker 
V.  Great  Western  R.  Co.,  6  El.  &  Bl.  77 ;  Baxendale  v. 
North  Devon  R.  Co.,  3  C.  B.  (N.  S.)  324;  Baxendale 
V.  Great  Western  R.  Co.,  5  C.  B.  (N.  S.)  309,  336: 
Garton  v.  Great  Western  R.  Co.,  6  C.  B.  (N.  S.)  639; 
Pegler  v.  Monmouthshire  R.  etc.,  Co.,  6  11.  &  N.  6-44: 
Baxendale  v.  Bristol,  etc.,  R.  Co.,  11  C.  B.  (N.  S.)  787: 
Baxendale  v.  Great  Western  R.  Co.,  14  C.  B.  (N.  S.)  I.: 
Palmer  v.  London,  etc.,  R.  Co.,  L.  R.  1  C.  P.  588,  L.  R. 
6  C.  P.  194;  West  v.  London,  etc.,  R.  Co.,  L.  R.  5  C. 
P.  622;  Parkinson  v.  Great  Western  R.  Co.,  L.  R.  6 
C.  P.  554 ;  Evershed  v.  London,  etc.,  R.  Co.,  2  Q.  B.  D. 
254,  3  Q.  B.  D.  134;  London,  etc.,  R.  Co.  v.  Evershed, 
3  App.  Cas.  1029;  Manchester,  etc.,  R.  Co.  v.  Denaby 
Main  Colliery  Co.,  13  Q.  B.  D.  674,  14  Q.  B.  D.  209 ; 
Denaby  Main  Colliery  Co.  v.  Manchester,  etc.,  R.  Co., 
11  App.  Cas.  97;  Liverpool  Corn  Trade  Assoc,  v.  Lon- 
don, etc.,  R.  Co.,  1  Q.  B.  D.  120. 

Section  three  and  Elkins  act.  Section  3  of  the  "El- 
kins  Act"  provides  a  remedy  in  court,  without  going 
before  the  Interstate  Commerce  Commission,  for  any 
discrimination  forbidden  by  law,  including  the  discrim- 
inations or  preference  prohibited  by  Sections  1  and  3 
of  the  act  to  regulate  commerce.  Int.  Com.  Comm.  v. 
Chicago  G.  W.  Ry.,  141  Fed.  1003. 

Unjust  discrimination — Undue  preference — Relative 
rates.  Under  the  second  section  of  the  act  the  question 
of  unjust  discrimination  may  arise  and  under  the  third 
section  the  question  of  undue  preference  may  arise — and 
in  determining  a  question  under  either  or  both  of  thest 
sections,  it  may  often  if  not  always  become  necessan 
to  contrast  the  rates  to  other  places  and  persons  be- 
cause these  sections  involve  the  question  of  relative 
rates,  with  all  their  elements.  Int.  Com.  Comm.  v 
Louisville,  etc.,  R.  Co.,  73  Fed.  409. 

Burden  of  proof.  The  burden  of  proving  undue  pref 
erence  or  undue  prejudice  rests  upon  the  complaining 
party.    Ibid. 

Undue  or  unreasonable  preference  or  advantage- 
Competition  to  be  considered.  Section  3.  In  constniinf 
statutory  provisions,  forbidding  railway  companies  fron 
giving  any  undue  or  unreasonable  preference  or  ad 
vantage  to  or  in  favor  of  any  particular  person  or  com 
pany,  or  any  particular  description  of  traffic,  in  any 
respect  whatsoever,  the  English  courts  have  held,  afte  • 
full  consideration,  that  competition,  between  rival  lines 
is  a  fact  to  be  considered,  and  that  a  preference  or  ad- 
vantage thence  arising  is  not  necessarily  undue  or  un- 
reasonable. Int.  Com.  Comm.  v.  Alabama  Midland  R. 
Co.,  168  U.  S.  144. 

Same.  In  considering  the  question  of  undue  or  un- 
reasonable preference  or  advantage  prohibited  by  the 
third  section  competion  may  be  considered.  E.  T  V 
&  G.  Ry.  Co.  V.  I.  C.  C,  181  "U.  S.  1 ;  /.  C.  C.  v.  Alabama 
M.  R.  Co.,  168  U.  S..  144;  I.  C.  C.  v.  Clyde  &  S.  Co., 
93  Fed.  83,  35  C.  C.  A.  217. 

Originating  competition.  Even  if  one  of  the  defend- 
ants (the  C.  G.  N.  Ry.  Co.)  had  originated  the  compe- 


Digest  of  Decisions 


141 


tition  in  these  cases  it  would  be  immaterial.  Why  a 
defendant  cannot  begin  the  competition  is  not  apparent. 
Some  one  must  begin,  and  why  not  the  defendant,  if  he 
is  losing  business?  A  contrary  construction  would  dis- 
courage competition  which  the  act  to  regulate  commerce, 
as  well  as  the  anti-trust  act  was  intended  to  encourage. 
£.  T.  V.  &  G.  By.  Co.  v.  I.  C.  C,  181  U.  S.  1;  1.  C.  C. 
V.  Southern  By.  Co.,  105  Fed.  703.  The  "C  G.  W.  Ry. 
Co.,  by  its  contract  of  August  8,  1902,  reduced  the  rates 
on  live  stock  products ;  but  it  did  not  originate  the  com- 
petition in  those  products.  That  competition  was  going 
on  between  these  defendants  and  other  railroad  com- 
panies, with  which  said  contract  was  made.  Each  com- 
pany was  striving  to  get  what  business  it  could ;  and  the 
C.  G.  W.  Ey.  Co.  reduced  the  rates  in  order  to  get  its 
share  of  the  traffic  for  which  all  the  defendants  had 
been  and  were  then  actively  competing.  Said  reduction 
was  not  "voluntary"  on  its  part  within  the  meaning  of 
the  law.  Int.  Com.  Comm.  v.  Chicago  0.  W.  By  Co., 
141  Fed.  1003. 

Local  rate  as  part  of  through  rate.  The  fact  that  a  lo- 
cal rate  is  made  part  of  a  through  rate  does  not  render 
the  through  rate  illegal,  provided  neither  the- local  nor 
the  through  rate  be  unjust  or  unreasonable,  and  pro- 
vided that  neither  of  them  unjustly  discriminates  or 
gives  an  undue  preference  or  advantage  to  persons  or 
traffic  similarly  situated.  Int.  Com.  Comm.  v.  Ala- 
lama  M.  B.  Co.,  74  Fed.  715. 

Third  section — Through  rates — Bouting  rule.  A  car- 
rier need  not  agree  to  carry  beyond  its  own  road,  and 
may  agree  upon  joint  through  tariff  rates,  or  not,  as 
seems  best  for  its  own  interests.  Having  these  rights 
of  contract  the  carrier  may  make  such  terms  as  it  pleases 
at  least  so  long  as  they  are  reasonable  and  do  not  other- 
wise violate  the  law.  So.  Pac.  B.  B.  Co.  et  al.  v.  I.  C.  C, 
200  U.  S.  556. 

Through  rate — Initial  carrier — See  2,  3.  5  and  6. 
The  Southern  Pacific  and  other  railroads  published  a 
guaranteed  through  rate  on  citrus  fruits  from  California 
to  the  Atlantic  seaboard.  The  shippers  availing  of  this 
rate  routed  the  goods  themselves  from  the  terminals  of 
the  initial  carriers  and  illegally  obtained  rebate  for  the 
routing  from  the  connecting  carriers.  To  prevent  this 
the  initial  carriers  re-published  the  rate,  reserving  the 
right  to  route  the  goods  beyond  their  own  terminals. 
On  complaint  of  shippers  the  Interstate  Commerce  Com- 
mission ordered  the  initial  carriers  to  desist  from  en- 
forcing the  new  rule,  holding  it  violated  Section  3  of 
the  interstate  commerce  act,  by  subjecting  the  shippers 
to  undue  disadvantage.  The  circuit  court  sustained  the 
commission,  but  on  the  ground  that  the  routing  by  the 
carriers  amounted,  although  no  other  agreement  was 
proved  in  regard  thereto,  to  the  pooling  of  freights,  and 
violated  Section  5  of  the  act.  Mr.  Justice  Peckham,  in 
opinion,  said:  "We  see  nothing  in  the  initial  carrier 
endeavoring  to  maintain  the  rate  agreed  upon  as  a 
through  rate  tariff  and  thereby  preventing  the  payment 
of  rebate,  which  in  itself  is  a  violation  of  the  act.  The 
act  especially  prohibits,  in  the  sixth  section,  any  alter- 
ation of  the  rates  agreed  upon  in  favor  of  any  person 
or  persons.  ...  In  cases  such  as  this  a  court  is 
bound  to  consider  the  bearing  of  the  result  of  either 
construction  upon  the  general  purposes  of  the  act.  In 
enacting  the  commerce  act  this  court  has  stated  that  the 
object  of  congress  was  to  facilitate  and  promote  com- 
merce by  the  adoption  of  regulations  to  make  charges 
for  transportation  just  and  reasonable,  and  to  forbid  un- 
due  and  unreasonable  preferences   or  discriminations. 


Texas  £  F.  By.  Co.  v.  I.  C.  C,  l(i2  U.  S.  197.  The  im- 
portance of  the  rule  in  this  case  is  not  as  great  as  is 
its  importance  to  the  railroads  in  preventing  rebates. 
.  .  .  .  Courts  may  well  look,  with  some  degree  of 
care  before  construing  a  statute  which  confessedly  does 
not  in  terms  so  provide,  as  to  prohibit  such  a  rule  on  the 
ground  that  it  would  be  a  violation  of  the  statute.  We 
are  of  the  opinion  that  the  rule  is  not  a  violation  there- 
of." Southern  Pac.  By.  Co.  v.  I.  C.  C,  200  U.  S.  536, 
551. 

Proportional  tariff  defined.  The  term  "proportional 
tariffs"  describes  a  collection  of  freight  rates  which  apply 
to  shipment  from  certain  given  points  to  certain  other 
given  points — that  is,  with  stoppage  in  transit  privi- 
leges— when  the  commodities  shipped  originate  beyond 
the  place  of  shipment  as  their  ultimate  destination  is 
beyond  the  point  to  which  the  proportional  rate  applies. 
J.  Bosenbaum  Grain  Co.  v.  Chicago  B.  I.  &  T.  By.  Co., 
130  Fed.  46. 

Discrimination  by  carrier  in  its  own  favor.  The 
contract  of  the  carrier  with  another  carrier  for  the  de- 
livery of  coal  belonging  to  the  first  at  a  fixed  price,  was 
held  to  operate  to  give  the  purchaser  an  undue  prefer- 
ence, in  violation  of  Section  3.  Int.  Com.  Comm.  v. ' 
C.  &  0.  By.  Co.,  128  Fed.  59. 

Discrimination  in  kinds  of  traffic.  The  provision  of 
the  interstate  commerce  act  forbidding  any  discrimina- 
tion against  any  locality  or  description  of  traffic  (24 
Stat.  380,  Sec.  3)  is  for  the  protection  of  the  locality 
or  traffic  itself,  and  cannot  be  invoked  by  a  carrier  as 
against  a  connecting  carrier  which  discriminates,  in 
the  matter  of  requiring  prepayment  of  freight  and  car 
mileage,  between  goods  that  come  from  different  sec- 
tions of  the  country  over  the  line  of  the  complaining 
carrier.  Oregon  short  Line,  etc..  By.  Co.  v.  N.  Pac. 
By.  Co.,  61  Fed.  158,  9  C.  C.  A.  409;  Oregon  Short 
Line  etc.,  By.  Co.  v.  No.  Pac.  By.  Co.,  51  Fed.  465. 

Beasonable,  proper  and  equal  facilities.  The  second 
clause  of  the  tliird  section  provides  that  "every  common 
carrier  subject  to  the  provisions  of  this  act  shall,  ac- 
cording to  their  respective  powers,  afford  all  reasonable^ 
proper  and  equal  facilities  for  the  interchange  of  traffic 
between  their  respective  lines,  and  for  the  receiving, 
forwarding  and  delivering  of  passengers  and  property, 
to  and  from  their  several  lines  and  those  connecting 
therewith,  and  shall  not  discriminate  in  their  rates 
and  charges  between  such  connecting  lines" ;  but  neither 
this  nor  any  other  provision  of  the  law  requires  of  the 
common  carrier  of  interstate  commerce  the  duty  of 
either  forming  new  connections  or  of  establishing  new 
stations  for  the  reception  and  delivery  of  freights.  No 
authority  is  conferred  upon  common  carriers  of  inter- 
state commerce  to  issue  through  tickets  to  passengers 
or  through  bills  of  lading  for  property  at  through  rates, 
over  connecting  lines,  in  the  absence  of  such  arrange- 
ments between  the  companies.  Kentucky  &  I.  Bridge 
Co.  V.  Louisville  &  N.  B.  By.  Co.,  37  Fed.  567. 

Fanlities  for  tmloading  cattle — Transfer  of  cars. 
Where  neither  the  act  of  congress  to  regulate  commerce 
nor  any  section  of  the  constitution  or  statute  of  a  State 
imposes  an  obligation  upon  a  railroad  having  its  own 
stockyards  under  a  lease  of  a  stockyard  company,  the 
railroad  company  is  not  required  to  accept  live  stock 
from  other  States  for  delivery  at  the  stockyards  of  an- 
other railroad  company  in  the  same  city  and  neigh- 
borhood, although  there  is  a  physical  connection  between 
the  two  railroads.  The  common  carrier  has  a  right  to 
unload  its  cattle  where  its  appliances  for  unloading  are. 


143 


National  Association  of  Kailway  Commissionebs 


and  cannot  be  required  to  establish  another  set  hard  by. 
On  the  other  hand,  if  the  cattle  are  to  remain  in  the  de- 
fendant's cars  it  cannot  be  required  to  hand  those  ears 
over  to  another  railroad  without  a  contract,  and  the 
courts  have  no  authority  to  dictate  a  contract  to  the 
defendant  or  require  it  to  make  one.  Central  St.  Yds. 
V.  L.  &  N.  R.  Ry.  Co.,  192  U.  S.  571,  citing  Butcher  & 
D.  S.  Y.  Co.  V.  L.  &  N.  Ry.,  67  Fed.  35 ;  Covington  8.  Y. 
Co.  V.  Keith,  139  U.  S.  128 ;  Ky.  &  I.  B.  Co.  v.  L.  &  N. 
R.  R.,  37  Fed.  629-630;  4.  T.  &  8.  F.  R.  R.  Co.  v.  D.  & 
N.  0.  Ry.,  110  U.  S.  667. 

Reasonable,  proper  and  equal  facilities  in  interchange 
traffic — Through  rate — Connecting  lines.  The  New 
York  and  Northern  Railway  Company  complained  to 
the  commission  against  the  New  York  and  New  Eng- 
land Eailroad  Company,  the  Housatonic  Railroad  Com- 
pany, and  the  New  England  Terminal  Company,  which 
had  had  for  some  time  a  through  billing  arrangement 
and  agreement  upon  through  rates  for  traffic  destined 
to  New  York  City  over  its  own  road  and  that  of  the 
New  York  arid  Northern.  It  had  discontinue!  this  ar- 
rangement and  had  entered  into  a  new  arrangement 
with  another  road  whereby  a  New  York  City  line  was 
formed  over  which  it  was  intended  to  take  the  business 
which  formerly  passed  over  the  New  York  and  New 
England  and  New  York  and  Northern,  and  the  com- 
plaint was  that  petitioner  was  deprived  by  respondent 
of  equal  facilities  with  a  competing  connecting  line, 
etc. 

The  commission  held  this  to  be  in  violation  of  the 
second  paragraph  of  Section  3,  which  requires  carriers 
to  afford  all  reasonable,  proper  and  equal  facilities  for 
the  interchange  of  traffic  between  their  respective  lines, 
and  for  the  receiving,  forwarding  and  delivery  of  pas- 
sengers and  property  to  and  from  their  several  lines 
and  those  connecting  therewith,  and  not  to  discriminate 
in  their  rates  and  charges  between  such  connecting  lines. 
This  decision  was  sustained  on  appeal  to  the  United 
States  Circuit  Court.  New  York  &  Northern  Railway 
Go.  V.  New  York  &  New  England  R.  R.  Co.  et  al.,  4  I. 
C.  C.  Rep.  702,  50  Fed.  Rep.  867. 

Preference  in  car  service.  Under  the  provisions  of 
Section  3  of  the  interstate  commerce  act  it  is  the  legal 
duty  of  a  railroad  company  in  furnishing  cars  to  coal 
mines  along  its  lines,  where  a  limited  number  only  can 
be  supplied,  to  distribute  the  same  impartially,  without 
unjust  discrimination,  or  favoritism,  and  such  distribu- 
tion should  be  based  on  a  disinterested  and  intelligent 
examination  by  experts  of  the  different  mines,  and  upon 
a  consideration  of  all  the  facts  that  go  to  make  up  their 
capacity,  both  actual  and  potential,  the  most  important 
being  the  number,  if  working,  and  their  capacity  for 
production ;  the  equipment  in  use  for  handling  and  load- 
ing being  secondary  because  it  may  be  readily  and 
quickly  increased  if  necessary  to  meet  the  requirements. 
Distribution  of  cars  by  a  railroad  company,  among  coal 
mining  companies  on  its  line  of  road,  upon  a  basis 
which  gave  an  undue  preference  to  certain  companies, 
and  operated  to  the  undue  prejudice  and  disadvantage 
of  other  companies,  is  a  violation  of  Section  3  of  the 
interstate  commerce  law.  United  States  v.  W.  Va.  No. 
R.  Co.,  125  Fed.  252 ;  United  States  ex  rel.  Hoffman  v 
N.  &  Vf.  Ry.  Co.,  109  Fed.  831 ;  134  Fed.  198 ;  and  1 
I.  C.  C.  R.  594  W.  Va.  No.  R.  Co.,  1  Int.  Com.  Rep. 
United  States  787,  10  I.  C.  C.  R.  226. 

Same.  In  Rice  v.  The  L.  &  N.  R.  R.  Co.  et  al.,  3  Int. 
Com.  R.  162,  the  Interstate  Commerce  Commission  said : 


►ames  V^' 


"It  is  properly  the  business  of  railroad  companies 
supply  their  customers  suitable  vehicles  of  transporter 
tion  and  then  offer  their  use  to  everybody  impartially. 
The  carrier  has  no  right  to  hire  rolling  stock  and  then 
allow  it  to  be  used  exclusively  by  any  one  class  of  per- 
sons, on  such  terms  as  will  drive  out  of  business  those 
who  are  compelled  to  use  its  own  rolling  stock  in  a 
competitive  traffic.     ... 

"It  is  the  carrier's  duty  to  equip  its  road  with  in- 
strumentalities of  carriage  suitable  for  the  traffic  it  un- 
dertakes to  carry  and  to  furnish  them  alike  to  all  who 
have  occasion  for  their  use,  and  its  duty  to  furnish 
equipment  cannot  be  transferred  to  nor  required  of 
shippers.  When  a  carrier  accepts  and  uses  cars  for 
transportation  owned  by  shippers  or  others,  in  legal 
contemplation  it  adopts  them  as  its  own  for  the  purpose 
of  rates  and  carriage.  ...  If  the  carrier  whose 
duty  it  is  to  furnish  vehicles  of  transportation  cannot 
afford  to  do  so  impartially  for  all  its  patrons  engaged 
in  like  business,  the  ordinary  shipper  is  likely  to  be 
less  able  to  afford  it  and  cannot  be  required  to  perform 
the  carrier's  duty.  He  might  as  well  be  asked  to  fur- 
nish motive  power  as  vehicles  of  carriage.  The  carrier 
cannot  transfer  his  own  responsibility  to  the  shipper. 
The  duty  to  furnish  impartial  transportation  cannot  be 
evaded  on  any  pretext;  it  is  fundamental  and  impera- 
tive." 

Facilities- — When  reasonable.  When  the  carrier  desig- 
nated a  certain  place  at  which  it  would  receive  coal 
a  shipper  was  not  entitled  to  compel  carriers  to  receive 
coal  at  another  siding,  where  merchandise  other  than 
coal  was  received  merely  because  the  place  so  designated 
was  not  so  accessible  to  such  shipper.  Robinson  v.  B. 
&  0.  Ry.  Co.,  129  Fed.  753. 

Switch  facilities.  Under  the  interstate  commerce  law 
a  common  carrier  of  interstate  freight  cannot  lawfully 
deny  switch  connections  or  service  to  one  person,  place, 
locality  or  kind  of  traffic  which  it  affords  to  othera 
similarly  situated,  and  one  who  has  built  a  switch  to 
a  railroad  with  the  consent  of  the  railroad  company 
has  an  implied  right  to  the  service  at  such  switch,  and 
may  lawfully  insist  that  the  carrier  shall  receive  and 
deliver  all  such  freight  as  it  customarily  carries.  Inter- 
state S.  Y.  Co.  V.  I.  U.  Ry.  Co.,  99  Fed.  472'. 

Use  of  tracks — Terminal  facilities.  A  common  carrier 
is  free  to  enter  into  arrangements  for  the  use  of  its 
tracks  and  terminal  facilities  with  one  or  more  lines 
without  subjecting  itself  to  the  charge  of  giving  undue 
or  unreasonable  preference  or  discriminating  against 
other  carriers.  Oregon  8.  L.  &  U.  N.  Ry.  Co.  v.  N.  P. 
Co.,  51  Fed.  474. 

Elevation  defined.  Elevation  is  defined  as  unloading 
grain  from  cars  or  gi-ain-carrying  vessels  into  a  grain 
elevator  and  loading  it  out  again  after  a  period  of  not 
to  exceed  ten  days;  it  does  not  include  "treatment"  or 
grading,  cleaning,  and  clipping  of  grain ;  and  retention 
in  an  elevator  beyond  ten  days  becomes  a  storage  and 
not  a  part  of  the  service  of  elevation  as  that  word  is 
used  in  the  statute.  Allowances  to  Elevators  by  U.  P. 
R.  R.  Co.,  12 1.  C.  C.  Rep.  86. 

Elevation  of  grain  a  facility.  The  law  clearly  recog- 
nizes elevation  as  a  facility  which  the  carrier  may  pro- 
vide, and  this  authorizes  the  carrier  to  grant  grain  eleva- 
tion at  destination  or  while  the  traffic  is  in  transit,  sub- 
ject only  to  the  restriction  imposed  by  the  fact  that 
elevation,  like  any  other  service  offered  by  the  carrier 
to  shippers,  must  be  open  to  all  on  equal  and  reasonable 


isi 


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Digest  of  Decisions 


143 


terms.  Allowances  to  Elevators  by  U.  P.  R.  B.  Co.,  12 
I.  C.  C.  Eep.  86. 

Elevation  for  grain  service — No  concern  to  shippers 
or  other  carriers,  unless  allowance  becomes  rebate.  Since 
a  carrier  subject  to  the  act  to  regulate  commerce  is 
entitled  to  provide  elevation  for  grain  shipments,  such 
carrier  may  either  construct  and  operate  (the  elevator 
itself  or  furnish  elevation  by  arrangement  with  the  own- 
er of  an  elevator ;  and  the  amount  of  compensation  paid 
by  the  carrier  to  the  owner  of  an  elevator  rendering  the 
service  is  of  no  concern  to  shippers  or  to  other  car- 
riers, unless  it  operates  to  affect  the  rates  charged  by 
the  carrier  upon  the  grain  traffic  or  by  some  device  a 
portion  of  the  allowance  is  returned  to  shippers  and  thus 
becomes  a  rebate.  Allowances  to  Elevators  by  U.  P. 
R.  R.  Co..  12  I.  C.  C.  Rep.  86. 

Transportation  facilities — Main  and  branch  lines. 
Under  the  interstate  commerce  act  which  requires  rail- 
road companies  to  furnish  cars  to  shippers  on  collateral 
branch  lines  without  discrimination,  shippers  on  the 
main  line  of  the  road  and  those  on  a  collateral  branch 
line  are  entitled  to  precisely  the  same  treatment  in  the 
distribution  of  cars.  United  States  v.  B.  &  0.  Ry.  Co., 
165  Fed.  Eep.  113. 

Transportation  facilities — Reference.  A  rule  of  a  rail- 
road company  under  which  any  coal  mine  operator  on 
its  line  using  its  terminal  tracks  at  the  sea  coast  and 
there  unloading  its  cars  within  five  days,  on  an  average 
during  any  month,  is  given  as  a  premium  a  fifty  per  cent 
larger  allotment  of  cars  during  the  next  month,  is  an  at- 
tempted exasion  of  the  provision  of  the  interstate  com- 
merce act  requiring  a  fair  and  impartial  distribution 
of  cars  between  shippers,  and  gives  an  undue  preference 
or  advantage  to  shippers  so  favored  in  violation  of  such 
act. 

An  interstate  carrier  in  the  distribution  of  cars,  can- 
not give  a  shipper  a  preference  in  order  that  it  may 
profit  thereby,  or  that  the  shipper  may  profit  thereby; 
and  when  called  upon  by  a  shipper  for  full  car  service 
the  only  defense  which  the  carrier  can  interpose,  in  case 
of  failure  to  comply  with  the  demand,  is  that  the  supply 
which  it  has  furnished,  is  sufficient  for  normal  demands, 
or  that  in  case  of  shortage  it  has  fairly  and  impartially 
prorated  all  of  its  car  equipment. 

A  carrier  cannot  evade  its  duty  to  distribute  cars 
without  preference  or  advantage  to  particular  shippers 
by  claiming  that  it  is  not  the  owner  of  a  portion  of  the 
cars  carried  over  its  line.  B.  &  0.  v.  U.  S.  (Md.),  165 
Fed.  Rep.  113. 

Section  Four. 

Long  and  short  haul  regulated.  Unlawful  for  any 
carrier  to  charge  or  receive  greater  compensation  in  the 
aggregate  for  transportation  of  passengers  or  of  like 
kind  of  property,  under  substantially  similar  circum- 
stances and  conditions  for  a  shorter  than  a  longer  dis- 
tance in  the  same  direction,  when  the  shorter  is  included 
within  the  longer  distance. 

Commission  has  authority  to  relieve  carriers  from  op- 
eration of  this  section. 

Long  and  short  haul — Effect  of  competition.  Compe- 
tition that  is  real  and  substantial  and  which  exercises 
a  potential  influence  on  rates  to  a  particular  point, 
brings  into  play  the  dissimilarity  of  circumstances  and 
conditions  provided  by  the  statute  and  justifies  the 
lesser  charge  to  the  more  distant  and  competitive  point 


than  to  the  nearer  and  non-competitive  place,  and  this 
right  is  not  destroyed  by  the  mere  fact  that  incidentally 
the  lesser  charge  to  the  competitive  point  may  seemingly 
give  a  preference  to  that  point  and  the  greater  charge  to 
the  non-competitive  point  may  apparently  engender  a 
discrimination  against  it.  .  .  .  If  railroad  carriers 
engage  in  a  competitive  struggle  for  the  business  of  a 
place  where  they  meet,  and  underbid  each  other  or  other 
carriers  to  a  point  which  is  not  in  itself  remunerative, 
can  they  turn  back  on  the  line,  and  taking  advantage 
of  the  conditions  existing  at  other  localities,  arising 
either  from  the  fact  that  there  is  no  opportunity  for 
competition  or  from  the  fact  that  by  concert  of  the 
carriers  there  is  none,  charge  such  rates  for  shorter 
haul  as  shall  make  good  their  lack  of  profit  in  com- 
petitive business,  and  even  up  profits  on  their  whole 
business  to  the  point  that  they  set  before  themselves  as 
reasonable? 

"To  the  proposition  thus  roundly  stated,  no  doubt 
counsel  for  the  carriers  would  say  that  they  could  not 
contend  for  it.  And  yet  this  is  the  result  reached  by 
the  not  very  indirect  steps  of  the  argument.  And  the 
proposition  itself  cannot  be  admitted  without  tearing  up 
by  the  roots  the  whole  scheme  of  the  commerce  act. 

"This  is  one  of  the  considerations  tending  to  minimize 
somewhat  the  privilege  arising  from  competition."  Int. 
Com.  Comm.  v.  East  Tennessee,  etc.,  R.  R.  Co.,  85  Fed. 
107,  115. 

What  particular  environment  may  in  every  case  pro- 
duce this  result  cannot  be  in  advance  indicated.  But 
the  suggestion  of  an  obvious  case  is  not  inappropriate. 
Take  a  case  when  the  carrier  cannot  meet  the  competi- 
tive rate  to  a  given  point  without  transportation  the  mer- 
chandise at  less  than  cost  of  transportation  and  there- 
fore without  bringing  about  a  deficiency  which  would 
have  to  be  met  by  increased  charge  upon  other  business. 
Clearly,  in  such  a  case,  the  engaging  in  such  competi- 
tive traffic  would  bring  about  an  unjust  discrimination, 
and  a  disregard  of  the  public  interest,  since  a  tendency 
toward  unreasonable  rates  on  other;  business  would  arise 
from  the  carriage  of  traffic  at  less  than  the  cost  of 
transportation  to  particular  place.  East  Tennessee,  etc., 
R.  R.  Co.  V.  Int.  Com.  Comm.,  181  U.  S.  1,  19. 

Dissimilarity  to  justify  higher  charge  must  be  actual 
not  conjectural.  In  the  report  of  the  commission  a 
suggestion  is  found  that  La  Grange  should  be  entitled  to 
the  same  rate  as  Atlanta,  because,  if  the  carrier  con- 
cerned in  the  case  in  connection  with  other  carriers 
reaching  La  Grange  chose  to  do  so,  they  might  bring 
about  competition  by  way  of  a  line  between  Macon  and 
La  Grange  which  would  be  equivalent  to  competitive 
conditions  existing  at  Atlanta.  We  are  unable,  how- 
evei',  to  follow  the  suggestion.  To  adopt  it  would 
amount  to  this:  That  the  substantial  dissimilarity  of 
circumstances  and  condition  provided  by  the  act  to  regu- 
late commerce  would  depend,  not  as  has  been  repeatedly 
held,  upon  a  real  and  substantial  competition,  at  a  par- 
ticular point  affecting  rates,  but  upon  the  mere  pos- 
sibility of  the  arising  of  such  competition.  This  would 
destroy  the  whole  effect  of  the  act,  and  cause  every  case 
when  competition  was  involved  to  depend,  not  upon  the 
fact  of  its  existence  as  affecting  rates,  but  upon  the  pos- 
sibility of  its  arising.  What  the  fourth  section  of  the 
act  has  reference  to  is  an  actual  dissimilarity  of  cir- 
cumstances and  conditions,  not  a  conjectural  one.  Int. 
Com.  Comm.  v.  Louisville  &  N.  R.  Co..  190  U.  S.  273. 


144 


National  Acsociation  of  Railway  Commissioxers 


Long  and  short  hauls — Effect  of  competition  at  longer 
distance  place.  Where  a  charsre  of  a  lesser  rate  for  a  longer 
than  a  shorter  haul  over  the  same  line  is  lawful  because 
of  the  existence  of  controlling  competition  at  the  longer 
distance  place,  the  mere  fact  that  the  less  charge  is  made 
for  the  longer  distance  does  not  alone  suffice  to  cause 
the  lesser  rate  for  the  longer  distance  to  be  unduly  dis- 
criminating. Int.  Com.  Comm.  v.  L.  &  N.  By.  Co., 
190  U.  S.  273. 

Same.  The  fact  that  a  railroad  that  is  subject  to  the 
act  to  regulate  commerce  makes  between  two  points 
charges  unreasonably  low  does  not  authorize  a  rival, 
extending  between  the  same  points,  to  make  on  its  line 
greater  charges  for  the  shorter  haul  in  the  same  direc- 
tion to  intermediate  points  than  it  does  to  the  termini. 
The  competition  of  the  two  roads  does  not  alone  make 
out  the  dissimilar  circumstances  and  conditions  which 
will  authorize  the  making  of  such  greater  charge  upon 
the  shorter  haul.  In  re  Chicago,  St.  Paul  &  Kansas 
City  R.  Co..  2  Int.  Com.  Rep.  137. 

Same.  Competition  between  rival  routes  is  one  of 
the  matters  which  may  lawfully  be  considered  in  making 
rates  for  interstate  commerce ;  and  substantial  dissimi- 
larity of  circumstances  and  conditions  may  justify  com- 
mon carriers  in  charging  greater  compensation  for  the 
transportation  of  like  kind  of  property  for  a  shorter 
than  a  longer  distance  over  the  same  line  in  such  com- 
merce. Int.  Com.  Comm.  v.  A.  M.  By.  Co.,  168  XJ.  S. 
J46. 

Same.  A  carrier  in  order  to  give  particular  places  the 
benefit  of  their  proximity  to  a  competition  point  and 
thereby  afford  them  a  lower  rate  than  they  could  other- 
wise enjoy,  may  take  into  consideration  the  rate  to  the 
point  of  competition  and  make  it  the  basis  of  the  rate 
to  the  point  in  question.  To  give  a  lower  rate  as  the 
result  of  competition  does  not  violate  the  provision  of 
the  act  to  regulate  commerce.  Int.  Com.  Comm.  v.  L. 
&  N.  By.,  190  U.  S.  273. 

Joint  rate — When  smaller  rate  for  long  than  short 
haul,  not  discrimination.  The  proportion  in  which 
freight  earned  by  two  connecting  railroads  under  a  joint 
tariff  schedule  is  divided  between  them  is  a  matter  for 
their  consideration  alone,  and  cannot  be  taken  cog- 
nizance of  by  a  court  for  the  purpose  of  determining  that 
the  share  received  by  one  constitutes  an  unjust  and  dis- 
criminative rate,  under  the  interstate  commerce  law. 
The  fact  that  a  shipper  under  a  joint  schedule  of  rates 
over  two  connecting  railroads  is  charged  a  smaller  rate 
on  small  shipments  over  the  entire  length  of  the  joint 
line, than  to  intermediate  points,  does  not  establish  a 
claim  that  the  latter  rates  are  unjust  or  unreasonable, 
nor  does  it  entitle  him  to  claim  that  such  rates  are  dis- 
criminative. Allen  V.  Oregon  B.  &  Nav.  Co.,  98  Fed.  17. 

Fourth  section  does  not  apply  to  cartage.  The  fourth 
section  of  the  act  has  in  view  only  the  transportation 
of  passengers  and  property  by  rail,  and  when  property 
transported  as  interstate  commerce  reaches  its  destina- 
tion by  rail  at  lawful  rates,  having  regard  to  rates 
charged  upon  similar  transportation  to  other  points  on 
the  line,  it  does  not  concern  the  Interstate  Commerce 
Commission  whether  the  goods  after  arrival  are  carried 
to  their  place  of  deposit  in  vehicles  furnished  by  the 
railway  company  free  o*  charge,  or  in  vehicles  furnished 
by  the  owners  of  goods  i  and  the  same  rule  applies  to  the 
transportation  of  paswagers.  Int.  Com.  Comm.  v.  De- 
troit, etc..  By.  Co.,  IP  U  S.  645,  646. 


Section  Five. 

Pooling  prohibited.  Unlawful  for  any  carrier  to  entei 
into  any  contract,  agreement  or  combination  with  anj 
other  carrier  or  carriers  for  the  pooling  of  freights  oi 
different  and  competing  railroads,  or  to  divide  betweer 
tliem  the  aggregate  or  net  proceds  of  earnings. 

Each  day  of  continuance  of  such  agreement  to  be  con- 
sidered a  separate  offense. 

Pooling  by  concert  of  action  in  advancing  rates — Sec- 
tion 5  construed.  Pooling  may  be  as  well  effected  bj 
a  concert  of  action  in  fixing  in  advance  the  rates  whicl 
in  the  aggregate  would  accumulate  the  earnings  ci 
naturally  competing  lines,  as  by  depositing  all  of  suc^ 
earnings  to  a  common  account  and  distributing  their 
afterwards.  That  such  an  association  and  concert  oi 
action  between  agents  of  naturally  competing  lines  ii 
destructive  of  competition  is  equally  unanswerable.  T: 
entertain  any  other  view  is  to  ignore  reiterated  decision 
of  the  supreme  court  of  the  United  States  and  many  rul 
igs  of  the  circtiit  courts  and  of  the  State  courts.  Pei 
haps  the  leading  cases  on  this  subject  are  United  State 
V.  Freight  Association,  166  U.  S.  341;  Joint  Traffic  4* 
sociatinn  Case,  171  U.  S.  505;  Tift  v.  Southern  By.,  13 
Fed.  753. 

Pooling  freight — Two  methods.  The  statutes  con 
template  two  methods  of  pooling,  both  of  which  are  pro 
hibited :  First,  a  physical  pool,  which  means  a  distribu 
tion  by  the  carrier  of  the  property  offered  for  trans 
portation  among  different  and  competing  railroads  ii 
proportion  and  on  percentages  previously  agreed  upon 
and,  secondly,  a  money  pool,  which  is  described  best  ii 
the  language  of  the  statute,  "to  divide  between  then 
(different  and  competing  railroads)  the  aggregate  o 
net  proceeds  of  the  earnings  of  such  railroads,  or  an; 
portion  thereof,"  as  emploved  iij  Section  5.  In  re  Pool 
ing  Freight,  115  Fed.  588. 

The  question  of  joint  through  rates  is,  under  the  act 
one  of  the  agreements  between  the  companies  and  unde 
their  control,  and  nothing  in  the  act  prevents  an  ini 
tial  carrier  guaranteeing  a  through  rate  to  reserve  ii 
its  published  notice  thereof  the  right  to  route  the  good 
beyond  its  own  terminal. 

■  A  carrier  need  not  contract  to  cany  goods  beyond  it 
own  line,  or  make  a  through  rate;  if  it  does  agree  so  t 
do,  it  may  do  so,  by  such  line  as  it  chooses,  and  upoi 
such  reasonable  terms,  not  violative  of  the  law,  as  i 
may  agree  upon;  and  this  right  does  not  depend  upoi 
whether  it  agrees  to  be  liable  for  default  of  the  connect 
ing  carrier. 

Suppression  of  competition.  "All  that  would  b 
needed  for  the  total  suppression  of  rate  competitio: 
among  the  connecting  railroads  would  be  the  honest  ful 
fillment  of  their  agreement  as  to  joint  through  ratef 
and  just  here  is  where  they  failed  and  where  they  vie 
lated  their  agreemnt  and  the  law,  by  granting  rebates 
or,  in  other  words,  by  competing,  as  to  rates,  for  th 
freight  in  violation  of  the  joint  rate.  In  such  case  w 
do  not  see  any  violation  of  the  pooling  section  of  the  act 
by  putting  in  the  agreement  for  joint  through  rate 
the  provision  for  routing  by  the  initial  carrier.  I 
achieved  its  purpose  and  stopped  rebating,  although  i 
thereby  stopped  rate  competition,  wliich,  in  the  presenc 
of  the  through  rate  tariff,  was  already  illegal.  The  rail 
roads   are   no   longer   rate-competing  roads,   after  th 


Digest  of  Decisions 


145 


adoption  of  a  through  rate  tariff  by  them,  and  they  have 
no  right  to  privately  reduce  their  rates. 

"Now,  while  the  most  important,  if  not  the  only,  ef- 
fect of  the  routing  agreement  is  to  take  away  this  re- 
bating practice,  and  to  hold  all  parties  to  that  agree- 
ment as  part  of  a  joint  through  rate  tariff,  we  think 
that  no  case  is  made  out  of  a  violation  of  the  pooling 
provision  in  the  fifth  section  of  the  act,  even  where  the 
initial  carrier  promises  fair  treatment  to  the  connecting 
roads  and  carries  out  such  promises.  .  .  .  Under 
such  circumstances,  the  court  ought  not  to  adopt  such 
a  strict  and  unnecessary  construction  of  the  act  as 
thereby  to  prevent  an  honest  and  otherwise  perfectly 
legal  attempt  to  maintain  joint  through  rates,  by 
destroying  one  of  the  worst  abuses  known  in  the  trans- 
portation business.  The  effort  to  maintain  the  published 
through  joint  tariff  rates  is  entirely  commendable." 
Southern  Pacific  Co.  et  al.  v.  Int.  Com.  Comm.,  200  U. 
S.  536,  560. 

Section  Six. 

Publishing  rates.  Carriers  shall  file  with  the  com- 
mission, print,  and  keep  open  to  public  inspection  sched- 
ules showing  all  rates,  fares  and  charges  to  and  from 
different  points  on  its  own  route  and  points  on  the  route 
of  any  other  carrier  when  a  through  route  and  joint 
rate  have  been  established.  If  no  joint  rate  has  been  es- 
tablished, the  several  carriers  in  such  through  route 
shall  file,  etc.,  as  aforesaid,  the  separately  established 
rates,  fares  and  charges  applied  to  the  through  trans- 
portation. 

Schedules  shall  state  the  places  between  which  prop- 
erty and  passengers  will  be  carried,  and  contain  classi- 
fication of  freight,  terminal  charges,  storage  charges, 
icing  charges,  and  all  other  charges,  including  privileges 
and  facilities  granted  and  allowed,  and  any  rule  or 
regulation  that  in  any  wise  changes,  effects  or  determines 
any  of  the  aforesaid  rates,  fares,  and  charges,  or  value 
of  service  rendered. 

Schedules  shall  be  posted  and  kept  in  convenient 
places  for  public  inspection.  This  section  applies  to  all 
traffic,  transportation,  and  facilities  defined  in  this  act. 

Carriers  shall  print  and  post  schedule  of  rates  on 
freight  carried  through  a  foreign  country.  Failure  to 
publish  through  rate  subjects  freight  to  custom  duties 
as  if  said  freight  were  foreign  production. 

Thirty  days'  public  notice  of  change  of  rate  must  be 
given. 

Commission  may  allow  less  than  thirty  days,  or  mod- 
ify requirement  of  section. 

Joint  tariffs  must  specify  names  of  carriers  partici- 
pating and  evidence  of  concurrence  must  be  filed. 

Copies  of  contracts,  agreements  or  arrangements  be- 
tween carriers  must  be  filed  with  commission. 

Commission  may  prescribe  forms  of  schedule.  (See 
Mandamus,  Sec.  20.) 

No  carrier  shall  engage  in  transportation  unless  it 
files  and  publishes  rates,  fares,  and  charges  therefor. 

Published  rates  not  to  be  deviated  from. 

Preference  of  military  traffic  in  time  of  war  or 
threatened  war  required.  See  Amendment,  June  29th, 
1906,  to  Elkins  Act. 

Through  routes  and  through  rates — Joint  through 
rates — Combination  through  rates.  "In  case  a  ship- 
ment has  been  made  over  two  or  more  railroads,  which 
have  not,  as  to  the  journey  the  shipment  is  to  take,  filed 
with   the  commission  a  notice  of  through  route   and 


joint  rate  as  required  by  Section  6  of  tlie  act  to  regu- 
late commerce,  does  the  shipment  take  the  sum  of  the 
local  rates  of  the  various  lines  over  which  it  is  moved 
as  such  locals  may  be  established  at  the  time  it  is  re- 
ceived by  the  initial  carrier,  or  it  is  subject  to  changes 
in  locals  which  may  be  made  before  the  shipment  reaches 
the  lines  making  such  changes  ?  That  is  to  say,  a  ship- 
ment is  made  over  the  A  line  to  a  connection  with  the 
B  line,  and  thence  over  the  B  line  to  its  destination. 
The  B  line  changes  its  local  after  the  shipment  is  billed 
at  point  of  origin,  but  before  it  had  passed  beyond 
the  A  line.  Is  the  shipment  subject  to  such  change  in 
rate  of  the  B  line,  or  does  it  move  under  rates  in  effect 
at  the  time  it  began  its  journey? 

"A  careful  consideration  of  all  the  factors  entering 
into  this  problem  shows  that  in  the  last  analysis  the 
answer  must  depend  upon  a  question  of  fact,  this  ques- 
tion being.  Have  the  carriers  over  whose  lines  the  ship- 
ment is  to  move  made  an  arrangement,  express  or  im- 
plied, for  a  through  route?  If  a  through  route  has 
been  so  formed,  then  the  rate  charged  must  be  a  through 
rate,  and  the  shipment  will  move  upon  the  rate  existing 
at  the  tme  it  was  billed.  If,  however,  no  through  route 
has  been  formed,  then  the  shipment  will  move,  not  upon 
one  through  journey,  but  upon  a  succession  of  journeys, 
and  will  be  subject  to  any  change  in  rate  made  by  any 
carrier  into  whose  possession  the  shipment  has  not  been 
received. 

"It  needs  no  citation  of  authorities  to  prove  that  at 
common  law  a  carrier  may  confine  its  business  entirely 
to  its  own  line.  It  need  not  make  its  line  part  of  any 
through  route  to  or  from  a  point  off  its  line  unless  it 
so  chooses.  As  was  pointed  out  by  the  supreme  court 
in  A.T.  &  S.  F.  R.  v.  D.  &  N.  0.  R.,  110  U.  S.  667, 
28  L.  Ed.  291,  4  Sup.  Ct.  Rep.  185,  a  carrier  may,  if 
it  so  please,  receive  freight  from  other  carriers  at  any 
junction  point  in  precisely  the  same  capacity  that  it 
would  receive  freight  from  a  wholesale  house  or  other 
shipper  doing  business  at  such  junction  point.  In  such 
case,  under  the  common  law,  its  rates  would  apply  as 
on  the  date  of  its  billing,  rather  than  upon  the  date  of 
the  billing  by  a  connecting  line. 

"There  is  no  question  that  where  a  joint  rate  has  been 
made  and  filed  as  such  over  any  through  route,  such 
rate  takes  effect  as  one  charge,  and  shipment  must  be 
carried  through  on  the  rate  in  force  at  the  time  of  the 
billing. 

"There  may,  however,  be  through  routes  without  joint 
rates.  A  joint  rate  is  simply  a  through  rate,  every 
part  of  which  has  been  made  by  express  agreement  be- 
tween the  carriers  making  the  through  route.  The  joint 
rate  is  a  rate  over  a  through  route,  but  it  is  not  the 
only  through  rate  recognized  by  the  act  and  the  de- 
cisions. 

"Among  the  important  amendments  made  in  1906  to 
the  interstate  commerce  act  was  that  which  made  it 
the  duty  of  every  carrier  subject  to  the  act  'to  estab- 
lish through  routes  and  just  and  reasonable  rates  ap- 
plicable thereto'  (Sec.  1).  It  is  not  necessary  here  to 
attempt  to  discover  the  full  force  of  these  words.  Their 
significance,  however,  is  not  to  be  grasped  without  con- 
sideration of  the  latter  portion  of  the  act  (Sec.  6), 
which  expressly  recognizes  the  possibility  of  a  through 
route  without  a  joint  rate,  and  which,  after  directing 
the  publication  and  filing  of  local  rates  and  of  joint 
rates,  provides  for  still  other  rates  in  the  following 
language : 


146 


National  Association  of  Eailway  Commissioners 


^ 


"'It  no  joint  rate  over  the  through  route  has  been 
established  the  several  carriers  in  such  through  route 
shall  file,  print,  and  keep  open  to  public  inspection  as 
aforesaid  the  separately  established  rates,  fares,  and 
charges  applied  to  the  through  transportation.' 

"The  reasons  of  this  rule  are  at  least  two:  (1)  The 
policy  of  the  law  that  every  route  and  every  service 
shall  have  a  published  rate  equally  known  and  equallj 
available  to  all  patrons  of  the  carriers;  and  (2)  the 
policy  of  the  law  that  carriers  otherwise  not  subject  to 
the  act  to  regulate  commerce. 

"A  through  route  is  a  continuous  line  of  railway 
formed  by  an  arrangement,  expressed  or  implied,  be- 
tween connecting  carriers.  It  must  have  a  rate  for  every 
service  it  offers,  and,  as  the  route  is  a  new  unit — one  line 
formed  of  two  Or  more  connecting  lines — so  its  rate  for 
every  service  is  a  unit,  even  though  it  be  divided  be- 
tween the  several  carriers  arranging  themselves  into  the 
through  route.  As  was  said  by  the  commission  in  Brady 
V.  P.  R.  Co.,  2  I.  C.  C.  Rep.  131,  2  Int.  Com.  Rep.  78, 
'through  carriage  implies  c  through  rate.'  This  is 
equally  true  whether  the  through  rate  be  published  as  a 
whole  by  the  joint  action  of  the  connecting  carriers,  or, 
in  the  absence  Of  a  joint  arrangement,  be  published  in 
portions  by  the  several  carriers.  The  route  being  one, 
a  charge  for  a'  service  over  it  is  a  charge  for  a  single 
service,  all  the  terms  of  which  must  be  fixed  at  one  and 
the  same  time;  that  is,  at  the  time  the  initial  carrier 
enters  into  the  engagement  for  the  service.  The  rate  is 
either  a  joint  through  rate  made  by  arrangement  by  the 
parties  to  the  through  route,  or  it  is  a  combination 
through  rate  consisting  of  'the  separately  established 
rates,  fares,  and  charges  applied  to  the  through  trans- 
portation.' This  sum,  however,  is  a  single  rate  for  a 
single  service',  arid  a  contract  for  through  transportation 
is  a  contract  for  transportation  at  the  through  rate, 
whether  joint  or  separately  established,  in  force  at  the 
time  the  shipment  is  billed.     .     .     . 

"It  is  therefore  evident  that  such  incidents  as  the  bill- 
ing, the  transfer  from' one  carrier  to  another,  the  collec- 
tion and  division  of  transportation  charges,  the  use  of 
a  proportional  rate  to  Or  from  junction  points  or  basing 
points,  and  other  like  incidents  of  the  transaction  may 
properly  be  depended  upon  for  guidance  as  to  the  exist- 
ence of  a  through  route.  As  a  matter  of  fact,  this  is 
exactly  the  course  directed  by  the  supreme  court  in  the 
Social  Circle  Case.  C.  N.  0.  '&  T.  P.  R.  v.  I.  C.  C,  162 
U.  S.  184,  40  L.  Ed.  935,  5  Int.  Com.  Rep.  391,  16  Sup. 
Ct.  Rep.  700^  where  it  is  said: 

"  'All  we  wish  to  be  understood  to  hold  is,  that  when 
goods  shipped  under  a  through  bill  of  lading,  from  a 
point  in  one  State  to  a  point  in  another,  are  received 
in  transit  by  a  State  common  carrier,  under  a  conven- 
tional division  of  charges,  such  carrier  must  be  deemed 
to  have  subjected  its  road  to  an  arrangement  for  a  con- 
tinuous cari'iage  or  shipment  within  the  meaning  of  the 
act  to  regulate  commerce. 

"  'When  we  speak  of  a  through  bill  of  lading  we  are 
referring  to  the  usual  method  in  use  by  connecting 
companies,  and  must  not  be  understood  to  imply  that  a 
common  control,  management,  or  arrangement  might 
not  otherwise  manifested.' 

"Another  method  of  determining  the  existence  of  a 
through  route  is  indicated  in  Violations  of  the  Act  to 
Regulate  Commerce  liy  St.  Louis  and  San  Francisco 
Railway  Company,  8  I.  C.  C.  Rep.  301.  In  that  case 
this  commission,  speaking  through  Chairman  Knapp, 


followed  the  Social  Circle  Case  in  holding  that  an  intra- 
state carrier  'having  elected  to  enter  into  carriage  of 
interstate  freights  and  thus  subjected  itself  to  the  con- 
trol of  the  commission  it  would  not  be  competent  for 
the  company  to  limit  that  control  in  respect  to  foreign 
traffic  to  certain  points  on  its  road  and  exclude  other 
points.'  Here,  then,  it  is  shown  that  through  routes 
to  certain  points  may  be  indicated  by  the  presence  of 
through  routes  to  other  points  on  the  same  line,  al- 
though the  carrier  may  not  have  intended  such  result. 

"In  L.  &  N.  R.  R.  Co.  v.  Behlmer,  175  U.  S.  650,  44 
L.  Ed.  310,  20  Sup.  Ct.  Rep.  209;  The  Social  Circle 
Case,  C.  N.  0.  &  T.  P.  Ry.  v.  I.  C.  C,  162  U.  S.  184, 
40  L.  Ed.  935,  5  Int.  Com.  Rep.  391,  16  Sup.  Ct.  Rep 
700,  was  referred  to  with  approval,  and  it  was  held  thai, 
carriers  transporting  hay  under  through  bill  of  lading 
without  a  joint  rate  were  operating  under  a  common  con- 
trol, management,  or  arrangement  for  a  continuous  car- 
riage or  shipment.'  Therefore,  even  though  one  of  such 
carriers  had  its  line  entirely  within  the  State  of  South 
Carolina,  such  carrier  as  to  such  traffic  was  declared  tc 
be  a  part  of  a  through  route  and  within  the  jurisdiction 
of  this  commission. 

"In  Chamber  of  Commerce  of  Milwaukee  v.  Flint  & 
Pere  Marquette  Railroad  Company,  2  I.  C.  C.  Rep.  553, 
2  Int.  Com.  Rep.  393,  this  commission  (opinion  by 
Commissioner  Bragg)  was  called  upon  to  determine 
whether  a  certain  proportional  rate  on  flour,  grain,  and 
mill  stuffs  from  Milwaukee  to  eastern  points  was  or 
was  not  a  portion  of  a  through  rate  from  Minneapolis 
to  such  eastern  points.  The  commission  held  that  it 
was  a  through  rate  and  had  every  essential  constituent 
of  a  through  rate,  saying : 

"  'It  was  wholly  immaterial  whether  such  rate  so 
made  was  quoted  as  a  through  rate  or  not.  The  through 
bills  of  lading,  the  fixed  total  rate,  the  waybill,  the  ex- 
pense bill,  the  course  of  business  between  the  parties  by 
which  the  contract  of  shipment  was  performed  from  the 
point  of  origin  to  destination  made  it  a  through  rate. 
Names  are  nothing  in  such  a  transaction.  The  law 
looks  at  the  elements  and  substance  of  the  transaction 
itself.  The  through  bill  of  lading  issued  by  the  initial 
carrier,  in  which  it  was  shown  what  the  rate  was  and 
that  the  carriers  would  transport  the  freight  from 
Minneapolis  to  Milwaukee  and  east  to  destination  was  a 
contract  with  the  shipper  for  a  through  rate.  The  pro- 
posal of  the  initial  carrier  was  accepted  by  the  defend- 
ants and  their  connecting  lines  when  they  took  the 
freight  at  Milwaukee  and  transported  it  to  New  York 
on  their  agreed  rate  of  251A  cents  per  one  hundred 
pounds,  and  it  then  became  an  executed  contract  and 
performed  according  to  the  well-known  published  course 
of  business  of  these  carriers.  The  shipper  had  con- 
tracted for  the  through  rate  and  had  received  it.  It 
would  be  a  mockery  in  terms  to  call  such  a  transaction 
any  other  than  a  through  rate.'     .     .     . 

"Where  .  .  .  through  billing  is  given  by  the  ori- 
ginating carrier  and  is  recognized  by  all  connecting  car- 
riers to  destination,  there  is  in  existence  a  through  route 
over  which  a  through  rate  applies,  which  through  rate  is 
ascertainable  from  the  tariffs  of  the  participating  car- 
riers at  the  date  of  shipment,  and  when  such  rate  is 
made  up  of  the  sum  of  the  locals,  the  locals  apply  as 
of  the  date  of  shipment.  Any  increase  in  the  through  rate 
so  made  up  after  the  date  of  the  shipment,  or  any  decrease 
tlierein,  is  not  applicable  to  such  through  shipments. 
.     .     .     .     Tariffs  cannot  be  given  a  retroactive  effect; 


Digest  of  Decisions 


147 


they  cannot  be  made  to  apply  to  conditions  other  than 
those  existing  upon  the  date  when  such  tariffs  became  ef- 
fective. A  combination  through  rate  is  as  binding,  defi- 
nite, and  absolute  as  a  joint  through  rate;  and  all  of  the 
conditions,  regulations,  and  privileges  obtaining  as  to 
any  factor  in  such  combination  rate  for  through  ship- 
ment upon  such  combination  through  rates  must  be  ad- 
hered to  and  cannot  be  varied  as  to  that  shipgient  during 
the  period  of  such  shipment  to  its  final  destination.  A 
local  or  proportional  rate  'in'  cannot  be  absorbed,  dimin- 
ished, or  affected  by  any  'out'  rate  not  in  effect  at  tlu' 
time  the  traffic  moved  upon  such  local  or  proportional 
rate."  In  the  Matter  of  Through  Routes  and  Through 
Rates,  12  Int.  Com.  Eep.  190.  See,  also,  Georgia  R. 
Com.  V.  Clyde  S.  S.  Co.,  5  I.  C.  C.  Rep.  324,  4  Int. 
Com.  Eep.  120;  Board  of  Trade  v.  Ala.  Mid.  Ry.  Co. 
et  al.,  6  I.  C.  C.  Eep.  1 ;  Independent  Refiners'  Asso.  v. 
Western  N.  Y.  &  P.  R.  Co.,  6  I.  C.  C.  Rep.  378;  Qus- 
tin  V.  Illinois  Central  R.  Co.,  7  I.  C.  C.  Eep.  376. 

Rates — Contracts — Published  schedule.  One  obtain- 
ing from  a  common  carrier  transportation  of  goods  from 
one  State  to  another  at  a  rate  specified  in  the  bill  of 
lading  less  than  the  scheduled  rates  published  and  ap- 
proved and  in  force  at  the  time,  whether  he  does  or  does 
not  know  the  rate  is  less  than  scheduled  rates,  is  not 
entitled  to  recover  the  goods,  or  damages  for  their  de- 
tention, upon  tendering  payment  of  the  amount  speci- 
fied in  the  bill  of  lading,  or  any  sum  less  than  the  pub- 
lished charges.  Texas  &  P.  Ry.  Co.  v.  Mugg,  202  U.  S. 
243. 

Posting  schedule  of  rates  not  necessarily  condition 
precedent  in  establishing  rates.  A  tariff  of  rates  of 
which  schedules  have  been  filed  by  a  carrier  witli  the 
Interstate  Commerce  Commission  and  also  with  its 
freight  agents,  is  in  force  and  operative  although  the 
copies  thereof  may  not  have  been  posted  in  the  carrier's 
depots  as  required  by  the  act.  Such  posting  is  not  a 
condition  precedent  to  the  establishment  of  the  rates, 
but  a  provision  for  affording  facilities  to  the  public  for 
ascertaining  the  rates  actually  in  force.  Texas  £  P.  R. 
Co.  V.  Casco  Oil  Co.,  204  U.  S.  449. 

Rate — Carrier's  lien — Schedule  charges.  Whatever 
may  be  the  rate  agreed  upon,  the  carrier's  lien  on  the 
goods  is,  by  force  of  the  interstate  commerce  law,  tlie 
amount  fixed  by  the  published  schedule  of  rates  and 
charges,  and  the  lien  can  be  discharged,  and  the  con- 
signee become  entitled  to  the  goods,  only  by  payment  or 
tender  of  such  amount.  Texas  &  Pac.  Ry.  Go.  v.  Muggs, 
202  U.  S.  242,  cited;  Railroad  v.  Hefly,  158  U.  S.  98; 
So.  Ry.  Co.  V.  Harrison,  119  Ala,  539. 

Joint  through  tariff  rates.  It  is  conceded  that  the 
different  railroads  forming  a  continuous  line  of  road 
are  free  to  adopt  or  refuse  to  adopt  joint  through  tariff 
rates.  The  commerce  act  recognizes  such  rights,  and 
provides  for  the  filing  with  the  commission  of  the 
through  tariff  rates,  as  agreed  upon  between  the  com- 
panies. The  whole  question  of  joint  through  tariff 
rates,  under  the  provisions  of  tlie  act.  is  one  of  agree- 
ment between  the  companies,  and  they  may  or  may  not 
€nter  into  it,  as  they  may  think  their  interests  demand. 
And  it  is  equally  plain  that  an  initial  carrier  may  agree 
upon  joint  through  rates,  with  one  or  several  connect- 
ing carriers,  who  between  each  other  might  be  regarded 
as  competing  roads.  So.  Pac.  Ry.  Co.  v.  I.  C.  C.,  200 
U.  S.  536,  553. 

Equality  of  rates  the  purpose  of  the  act.  The  inter- 
state commerce  act  was  intended  to  cut  up  by  the  roots 
the  entire  system  of  rebates,  and  discriminations,  and 


to  put  all  shippers  on  an  absolute  equality.     U.  P.  R.  R. 
V.  Goodridge,  149  U.  S.  680,  690. 

Same — Prohibits  charging  less  than  published  rates — 
The  interstate  commerce  act  was  enacted  to  secure  equal- 
ity of  rates,  and  to  destroy  favoritism,  and  for  these 
purposes  is  a  remedial  statute,  to  be  interpreted  so  as 
to  reasonably  accomplish  them;  its  prohibitions  against 
directly  or  indirectly  charging  less  than  published  rates 
are  all-embracing  and  applicable  to  every  method  by 
which  the  forbidden  results  could  be  brought  about. 
N.  Y.,  New  Haven  &  Hartford  v.  I.  C.  C,  200  U.  S.  361. 

Joint  through  rate — Each  carrier  responsible.  The 
making  of  through  rates  on  interstate  shipments  by  the 
joint  action  of  connecting  railroads  is  the  act  of  each 
and  brings  each  witl.^n  the  scope  of  the  interstate  com- 
merce act,  and  renders  it  responsible  for  each  rate, 
without  regard  to  the  proportion  thereof  received  for  its 
own  service.  Int.  Com.  Comm.  v.  Louisville  &  N.  R. 
R.,  118  Fed.  613. 

Separate  terminal  charges.  Eailroads  may  make 
a  distinct  charge  for  carriage  from  the  point  of  ship- 
ment, and  a  separate  terminal  charge  for  delivery 
to  a  point  beyond  the  line  of  the  respective  carrier, 
especially  in  view  of  the  sixth  section  of  the  act  to 
regulate  commerce,  providing  that  schedules  of  rates  to 
he  filed  by  carriers  shall  state  separately  the  terminal 
charges,  and  any  rule  or  regulation  which  in  any  wise 
changes,  affects,  or  determines  any  part  of  the  aggre- 
gate of  said  aforesaid  rates  and  fares  and  charges.  Int. 
Com.  Comm.  v.  C.  B.  &  Q.  R.  Co.,  186  U.  S.  320;  Int. 
Com.  Comm.  v.  C.  B.  &  Q.  R.  Co.,  103  Fed.  2'49. 

Initial  carriers  guaranteeing  through  rates  may  make 
routing  a  condition.  It  is  undoubted  that  the  com- 
mon carrier  need  not  contract  to  carry  beyond  its  own 
line,  but  may  there  deliver  to  the  next  succeeding  car- 
rier and  thus  end  its  responsibility,  and  charge  its  local 
rate  for  the  transportation.  If  it  agrees  to  transport 
beyond  its  own  line  it  may  do  so,  by  such  lines  as  it 
chooses.  Atchison,  etc.,  R.  R.  Co.  v.  Denver,  etc.,  C.  R. 
R.  Co.,  110  U.  S.  667;  L.  &  N.  R.  R.  Co.  v.  West  Coast 
N.  S.  &  Co.,  198  U.  S.  483.  The  right  has  not  been 
held  to  depend  upon  whether  the  original  carrier  agreed 
to  be  liable  for  the  default  of  the  connecting  carrier, 
after  the  goods  have  been  delivered  to  such  connecting 
carriers.  As  the  carrier  is  not  bound  to  make  a  through 
contract  it  can  do  so  upon  such  terms  as  it  may  agree 
upon,  at  least  so  long  as  they  are  reasonable  and  do 
not  otherwise  violate  the  law.  In  this  case  the  initial 
carrier  guarantees  the  through  rates,  but  only  on  con- 
dition that  it  has  the  routing.  .  .  .  Having  this 
right  to  agree  upon  a  joint  through  tariff  on  terms 
mutually  satisfactory,  we  cannot  find  anything  in  the 
commerce  act  which  forbids  the  agreement  with  such  a 
condition  therein  as  the  routing.  It  is  said  that  the 
sixth  section,  properly  construed,  prohibits  such  condi- 
tions. We  confess  our  inability  to  find  anything  in  that 
section  which  does  so.  So.  Pac.  Ry.  Co.  et  al.,  v.  I.  C.  C, 
200  U.  S.  536,  564. 

Shippers  cannot  maintain  action  at  common  law  in 
re  interstate  shipments  for  excessive  rates.  The  inter- 
state commerce  act  was  intended  to  afford  an  effective 
and  comprehensive  means  for  redressing  wrongs  result- 
ing from  unjust  discrimination  and  undue  preference, 
and  to  that  end  placed  upon  carriers  the  duty  of  pub- 
lishing schedules  of  reasonable  and  uniform  rates;  and, 
consistently  with  the  provisions  of  that  law  a  shipper 
cannot  maintain  an  action  at  common  law  in  a  Stat* 
court  for  excessive  and  unreasonable  freight  rates  ex- 


148 


National  Association  of  Eailwat  Commissioners 


^ 


acted  on  interstate  shipment  where  the  rates  charged 
were  those  which  had  been  fixed  by  the  carrier  accord- 
ing to  the  act  and  had  not  been  found  to  be  unreason- 
able by  the  Interstate  Commerce  Commission.  Texas 
&  Pac.  R.  Co.  V.  Abilene  Cotton  Oil  Co.,  204  U.  S.  426. 

Power  of  Commission  to  change  new  classification — 
The  Interstate  Commerce  Commission,  in  making  an 
investigation  on  the  complaint  of  a  shipper  Jjas,  in  the 
public  interest,  the  power  disembarrassed  by  any  sup- 
posed admissions  contained  in  the  statement  of  the  com- 
plaint to  consider  the  whole  subject,  and  the  operation 
of  the  new  classification  complained  of  in  the  entire 
Territory;  also  how  far  its  going  into  effect  would  be 
just  and  reasonable  and  would  create  preferences  or  en- 
gender discriminations  and  whether  it  is  in  conformity 
with  the  requirements  of  the  act  to  regulate  commerce. 
And  if  it  finds  that  the  new  classification  disturbs  the 
rate  relations  thereupon  existing  in  the  official  classifi- 
cation territory  and  creates  preferences  and  engenders 
discriminations  it  may,  in  order  to  prevent  such  results, 
prohibit  the  further  enforcement  of  the  changed  classifi- 
cation, and  an  order  to  that  effect  is  within  the  power 
conferred  by  congress  on  the  commission  ;  and  so  held  as 
to  an  order  of  the  commission  directing  carriers  from 
further  enforcing  throughout  official  classification  terri- 
tory a  changed  classification  in  regard  to  common  soap 
in  less  than  carload  lots.  (146  Fed.  Rep.  559,  affirmed.) 
Cincinnati,  Hamilton  and  Dayton  Railway  Co.  v.  In- 
terstate Commerce  Commission,  206  U.  S.  142. 

Free  cartage  need  not  be  published  in  schedule. 
A  railroad  engaged  in  interstate  commerce  does  not 
violate  the  provisions  of  sections  four  and  six  of  the 
act,  by  furnishing  free  cartage  to  the  merchants  of  one 
town  on  its  line  and  not  furnishing  similar  service  to  the 
merchants  of  another  town  on  its  line  thirty-three  miles 
distant,  nor  by  failing  to  publish  such  free  cartage  in 
the  schedule  published  in  the  first  town,  when  such  privi- 
lege has  been  openly  and  notoriously  enjoyed  for  twenty- 
five  years. 

In  matters  of  this  kind  much  should  be  left  to  the 
judgment  of  the  commission,  and,  should  it  direct,  by 
a  general  order,  that  railway  companies  should  there- 
after regard  cartage,  when  furnished  free,  as  one  of  the 
terminal  charges,  and  include  it  as  such  in  their  sched- 
ule, such  an  order  might  be  regarded  as  a  reasonable 
exercise  of  the  commission's  power.  Cartage  is  not  in 
general  a  terminal  expense,  and  is  not  in  general  as- 
sumed by  the  carrier.  The  transportation  as  between 
the  carrier  and  the  patrons  ends  when  the  freights  are 
received  at  the  warehouse  and  the  charge  made  is  for  a 
service  which  ends  there.  Int.  Com.  Comm.  v.  Detroit, 
etc..  Ry.  Co.,  167  U.  S.  645,  646. 

Through  routes — Sufficiency  of  indictment.  An  in- 
dictment against  a  carrier  for  failure  to  file  its  tariff 
between  interstate  points  as  a  part  of  interstate  shipment 
of  petroleum  in  violation  of  the  Elkins  act  (Act.  Feb. 
19,  1903,  c.  708  par.  I,  32  Stat.  847  U.  S.  Comp.  St. 
Supp,  1905,  p.  599)  alleged  that  a  nine-cent  rate  per  100 
for  carrying  petroleum  in  tank  cars  between  designated 
intrastate  terminals  was  established  in  force  under  a 
common  arrangement  between  connecting  carriers  named 
for  a  continuous  shipment;  and  that  it  was  agreed  that 
defendant  and  the  P.  Railroad  Company,  which  was  to 
receive  nine  cents  a  barrel,  should  collect  a  separate 
freight  charge,  while  the  other  carriers,  parties  to  the 
common  arrangement,  should  receive  $23  for  each  tank 
car  of  oil  transported  from  one  of  such  terminals  to  a 


point  in  another  State,  making  the  aggi'egate  charge 
per  hundred  pounds  for  transportation  from  the  initial 
point  of  shipment  to  destination  15.34  cents.  The  in- 
dictment also  alleged  that  each  of  the  shipments  was 
under  shipping  orders,  transfer  slips,  and  waybills, 
showing  that  the  commodity  was  to  be  transported  from 
the  initial  shipping  point  by  continuous  route  to  desti- 
nation without  unloading  or  transhipment.  Held  that 
such  allegations  sufficiently  showed  that  defendants' 
road,  though  entirely  an  intrastate  railroad,  was  part  of 
a  joint  through  route  over  which  interstate  commerce 
was  transported,  and  was  therefore  subject  to  tlie  pro- 
vision of  such  act. 

The  formation  of  through  routes  is  not  compulsory, 
but  when  established  and  so  long  as  they  exist,  the  obli- 
gations, restraints  and  regulations  of  the  law  attach  to 
them  in  all  respects  as  fully  as  to  a  line  composed  of  a 
single  road.  By  the  provisions  of  the  sixth  section  of 
the  act  two  kinds  of  classes  of  routes  are  recognized  and 
provided  for.  The  first  is  that  of  a  single  individual  or 
separate  road,  which  is  required  to  print,  keep  open  to 
inspection  at  stations  along  its  line,  and  file  with  the 
commission  such  rates  of  fares  and  charges  for  trans- 
portation as  it  may  establish.  The  other  is  a  continu- 
ous line  or  route  operated  by  more  than  one  carrier 
where  the  several  carriers  operating  such  a  line  or  route 
establish  joint  tariffs  of  rates  or  fares  or  charges  for 
such  continuous  line  or  route.  United  States  v.  New 
York  Central  &  H.  R.  R.  Co.,  153  Fed.  Rep.  630. 

Departure  from  published  rates — Indictment  for  re- 
ceiving concessions  in  rates — Discrimination  in  rates — 
Construction  of  sections  two  and  six,  and  the  Elhins  act. 
It  is  commonly  understood  that  the  object  of  the  inter- 
state commerce  act  was  to  correct  abuses  which  were  be- 
ing practiced  in  matters  of  transportation,  and  to  pre- 
vent unjust  discrimination  between  shippers  and  estab- 
lish uniform  and  reasonable  freight  rates. 

Congress,  from  motives  of  public  welfare,  has  thought 
necessary  to  regulate  the  established  tariff  rates  for 
transporting  property  interstate,  and  by  section  8,  of  the 
act  of  1887  has  provided :  "That  if  any  common  carrier 
subject  to  the  provisions  of  this  act  shall,  directly,  or 
indirectly,  by  any  special  rate,  rebate,  drawback,  or 
other  device,  charge,  demand,  collect  or  receive  from  any 
person  or  persons  a  greater  or  a  less  compensation  for 
any  service  rendered,  or  to  be  rendered,  in  the  transpor- 
tation of  passengers  or  property,  subject  to  the  provi- 
sions of  this  act,  than  it  charges,  demands,  collects  or 
receives  from  any  other  person  or  persons  for  doing  for 
him  or  them  a  like  and  contemporaneous  service  in  tlie 
transportation  of  a  like  kind  of  traffic  under  substanti- 
ally similar  circumstances  and  conditions,  such  common 
carrier  shall  be  deemed  to  be  guilty  of  unjust  discrimi- 
nation, which  is  hereby  prohibited  and  declared  to  be 
unlawful." 

To  compel  strict  adherence  to  the  mandate  of  con- 
gress the  Elkins  act  was  subsequently  passed,  section 
one  of  which  says: 

"It  shall  be  unlawful  for  any  person,  persons  or  cor- 
poration to  offer,  grant  or  give,  or  solicit,  accept  or  re- 
ceive rebate,  concession  or  discrimination,  in  respect  to 
transportation  of  any  property  in  interstate  or  foreign 
commerce  by  any  common  carrier  subject  to  said  act 
to  regulate  commerce  and  the  acts  amendatory  thereto 
whereby  any  such  property  shall  by  any  device  whatever 
be  transported  at  a  less  rate  than  that  named  in  the  tar- 
iffs published  and  filed  by  such  carrier,  and  is  required 
by  said  act  to  regulate  commerce  and  the  acts  amenda- 


Digest  of  Decisions 


149 


tory  thereto,  or  whereby  any  other  advantage  is  given  or 
discrimination  is  practiced." 

Before  proceeding  further  in  the  consideration  of  the 
objections  raised  by  the  demurrers,  an  answer  to  the  in- 
quiry, Who  are  amenable  to  the  interstate  commerce 
act?  may  simplify  the  discussion  by  the  court. 

Concededly  two  classes  of  carriers  come  within  its 
scope — carriers  engaged  in  interstate  commerce  having 
independent  facilities  for  through  carriage  from  a  point 
in  a  State  and  carriers  which  have  entered  into  a  com- 
pact establishing  a  joint  traffic  rate,  the  shipments  being 
interstate  over  through  or  continuous  lines.  The  de- 
fendants claim  that  a  common  carrier  subject  to  the 
provisions  of  the  act  which  has  established  a  joint  traffic 
arrangement  does  not  offend  against  the  statute  if  the 
property  is  carried  between  termini  over  another  and 
different  connecting  route ;  that  section  six  in  the  act  of 
1887,  read  in  connection  with  section  two  thereof,  re- 
lates specifically  to  common  carriers  having  through 
lines.  To  enforce  this  point  reference  is  made  to  that 
portion  of  section  six  which  reads: 

"And  in  case  where  passengers  and  freight  pass  over 
continuous  lines  or  routes  operated  by  more  than  one 
common  carrier,  and  the  several  common  carriers  oper- 
ating such  lines  or  routes  establish  joint  tariffs,  rates  or 
fares  or  charges  for  such  continuous  lines  or  routes, 
copies  of  such  joint  tariffs  shall  also,  in  like  manner,  be 
filed  with  said  commission." 

And  the  following  provision : 

"It  shall  be  unlawful  for  any  common  carrier,  party  to 
any  joint  tariff,  to  charge,  demand,  collect  or  receive 
from  any  person  or  any  persons  a  greater  or  less  com- 
pensation for  the  transportation  of  persons  or  property, 
or  for  any  services  in  connection  therewith  between  any 
point  as  to  which  a  joint  rate,  fare,  or  charge,  is  named 
thereon  than  is  specified  in  the  schedule  filed  with  the 
commission  in  force  at  the  time." 

At  the  argument  emphasis  was  laid  by  counsel  for  the 
defendants  upon  the  words  "for  any  service  in  connec- 
tion therewith  between  any  points  as  to  which  a  joint 
tariff  is  named  thereon,"  as  indicating  that  there  must 
be  a  deviation  from  joint  tariff  rates  on  the  established 
route,  as  distinguished  from  a  shipment  of  property 
over  any  connecting  road  for  which  no  joint  tariff  ar- 
rangement has  been  published  and  filed.  The  conten- 
tion for  such  an  interpretation  of  sections  2  and  6  is 
thought  to  be  clearly  answered  by  the  provisions  of  the 
Elkins  act,  which,  in  unambiguous  terms,  is  declaratory 
of  the  illegality  of  giving  or  accepting  any  concession 
or  discrimination  in  respect  to  the  interstate  shipment 
of  freight  whereby  the  result  therein  forbidden  is  ac- 
complished. 

If  the  claim  of  the  defendants  upon  this  point  were  to 
prevail,  a  carrier  having  other  connecting  facilities  may 
conform  to  the  provisions  of  the  statute  when  it  chooses, 
and  remain  at  liberty  to  exact  the  established  joint  rate 
from  one  shipper  and  transport  the  goods  interstate  of 
a  more  favored  shipper  at  a  cheaper  rate  over  another 
connecting  line  or  route. 

If  the  contention  of  the  defendant  is  sound,  the  intent 
of  congress  is  not  expressed  in  the  act,  the  remedial  pur- 
pose of  the  statute  is  defeated,  and  its  provisions  would 
secure  to  favored  shippers  the  intolerable  advantages 
and  discriminations  which  it  was  enacted  to  prevent. 
The  intent  of  congress  must  be  ascertained  from  a  con- 
sideration of  the  entire  act.  T]ie  evil  sought  to  be  rem- 
edied must  always  be  considered,  and  in  the  act  to  regu- 
late commerce  the  desideratum  was  the  eradication  of 


such  evil  practices  as  resulted  in  the  carriage  interstate 
of  goods  belonging  to  powerful  interests  or  industries  to 
the  detriment  of  less  favored  shippers. 

The  decisions  of  the  Supreme  Court  in  New  York,  N. 
H.  R.  Co.  V.  Interstate  Commerce  Commission,  200  U, 
S.  361,  26  Sup.  Ct.  272',  50  L.  Ed.  515,  bears  upon  the 
scope  of  the  enactment.  There  the  question  was 
whether  a  carrier  engaged  in  interstate  traffic  and  also 
a  dealer  in  the  merchandise  transported  comes  within  its 
provisions.  It  was  urged  that  as  the  act  did  not  ex- 
pressly forbid  carriers  becoming  dealers  in  the  com- 
modity transported  by  them  the  enforcement  of  its  re- 
quirements would  result  in  prohibiting  a  carrier  from 
becoming  such  dealer.    But  the  Supreme  Court  said : 

"Because  no  express  provision  against  a  carrier  who 
engages  in  interstate  commerce  becomes  a  dealer  in 
commodities  moving  in  such  commerce  is  found  in 
the  act,  it  does  not  follow  that  the  -provisions  which  are 
expressed  in  that  act  should  not  apply  and  be  given 
their  lawful  effect." 

The  court  held,  that,  even  though  compliance  with 
the  act  necessitated  a  discontinuance  of  the  mercantile 
piysuit  in  which  the  carrier  engaged,  it  nevertheless, 
could  not  be  relieved  from  the  operation  of  the  statute- 
Applying  this  principle  to  the  cases  under  consideration, 
the  fact  that  the  indictments  do  not  specify  whether 
the  shipments  were  in  cars  furnished  by  the  shipper,  or, 
in  view  of  the  published  tariff  of  rates,  that  such  ship- 
ments may  not  consist  of  the  sum  of  the  locals,  is 
thought  immaterial,  and  the  omission  to  allege  such 
facts  will  not  enable  the  accused  to  escape  liability  for 
the  accomplishment  of  the  prohibited  result. 

In  my  opinion  if  a  railroad  company  has  entered  into 
an  arrangement  with  connecting  carrier  companies  to 
transport  property  on  a  through  line  between  two  points 
situated  in  different  States,  charges  for  transportation 
being  agreed  upon,  and  copies  of  such  joint  tariff  of 
rates  being  filed  and  published  in  conformity  with  the 
provisions  of  the  act,  the  initial  carrier,  intending  to> 
evade  the  provisions  of  the  act  by  which  a  uniformity  of 
rates  to  all  shippers  is  established,  cannot  legally  trans- 
port  property  at  a  less  rate  over  other  connecting  road? 
between  the  same  termini. 

It  is  true  that  the  established  rate  may  be  increased 
and  other  arrangements  for  continuous  carriage  of  mer- 
chandise may  be  entered  into,  but  this  can  only  be  done 
upon  compliance  with  the  provisions  of  the  act  relating 
to  a  joint  tariff  compact  and  publication  of  change  in 
rates. 

The  point  that  section  six  does  not  require  the  pub- 
lication and  filing  of  a  joint  rate,  but  relates  only  to 
the  initial  carrier's  line,  and  that  the  indictment  is  de- 
fective because  it  does  not  specifically  charge  such  re- 
quirement is  untenable.  The  allegations  in  the  indict- 
ment that  the  tariffs  were  published  and  filed  as  re- 
quired by  law  would  seem  to  justify  the  presumption 
that  such  publication  and  filing  were  pursuant  to  the 
direction  of  the  interstate  commerce  commission. 

The  word  "concession"  does  not  appear  in  the  earlier 
acts  to  regulate  commerce,  but  is  used  for  the  first  time 
in  section  one  of  the  Elkins  act,  which  is  apparently  a. 
"catchall"  provision  for  any  practice  by  either  carrier 
or  shipper  which  by  any  device  whatever  would  tend  to 
defeat  the  purpose  of  the  law.  The  term  "concession"' 
does  not  necessarily  imply  that  the  shipper  solicited  a 
concession  or  privilege  which  the  carrier  could  give. 
The  statute  is  clearly  violated  if  the  defendant  has  ac- 
cepted  or   received   any   concession   or   discrimination 


150 


National  Association  of  Railway  Commissioners 


which  resulted  in  the  carriage  of  freight  in  question  at 
a  less  rate  than  that  established  under  the  act. 

It  does  not  follow  as  a  matter  of  law  that  because  the 
indictment  alleges  that  the  commodity  was  transported 
in  a  car  owned  by  the  Union  Tank  Line,  or  that  the 
shipment  was  in  bulk,  that  such  conditions  and  circum- 
stances warranted  a  rate  less  than  the  established  rate 
or  were  such  as  to  exonerate  the  accused  from  responsi- 
bility. It  follows  from  what  has  been  said  that  a 
prima  facie  infraction  of  section  one  of  the  Elkins  act 
is  alleged  in  the  indictments,  and  is  therein  set  forth 
with  sufficient  precision.  United  States  v.  Vacuum  Oil 
Co.,  153  Fed.  598. 

Privileges  accorded  shipments  in  transit  must  he  pub- 
lished in  tariff.  All  privileges  accorded  on  shipments 
in  transit  and  which  affect  the  value  of  the  service 
performed  must  be  published  in  the  tariffs,  and  repara- 
tion based  on  breach  of  contract  for  a  privilege  which 
was  not  mentioned  in  the  tariffs  must  be  denied  the 
shipper  because  its  allowance  without  publication  was  in 
violation  of  law.  R.  R.  Shiel  £  Co.  v.  Illinois  Central 
R.  R.  Co.,  12  I.  C.  C.  Eep.,  p.  242. 

Several  carriers — Duty  to  file  rates.  Under  the  inter- 
state commerce  act  (Act  Feb.  4,  1887,  c.  104,  par.  6,  S4 
Stat.  380),  as  amended  March  2,  1889  (35  Stat.  855,  c. 
302,  par.  1,  U.  S.  Comp.  St.  1901,  p.  3156),  requiring 
several  common  carriers,  operating  a  through  line  en- 
gaged in  interstate  commerce  to  file  schedules  of  rates 
constituting  the  basis  of  a  through  interstate  rate,  each 
carrier,  though  operating  a  line  wholly  within  a  State, 
which  line  is  a  portion  of  a  through  route  engaged  in 
interstate  commerce  through  a  common  arrangement 
between  several  connecting  carriers,  is  bound  to  comply 
with  such  act.  United  States  v.  New  York  Cent.  &  H. 
R.  R.  Co.,  153  Fed.  Eep.  630. 

Privilege  of  stopping  trains  in  transit — Through  rate 
schedule.  The  privilege  of  stopping  hogs  in  transit 
shipped  from  western  points  to  the  east  in  order  that 
they  may  be  sorted  and  reconsigned  under  the  through 
rate  from  point  of  origin  cannot  be  enforced  against 
carriers  in  favor  of  any  single  point  or  shipper  in  the 
absence  of  lawfully  established  tariffs  making  such  priv- 
ilege open  to  the  public  at  large.  R.  R.  Shiel  &  Co.  v. 
Illinois  Central  R.  R.  Co.  et  at.,  12  I.  C.  C.  Eep.,  p.  242. 

Contracts — Laws  read  into.  The  laws  upon  the  sub- 
ject of  a  contract  are  read  into  and  become  a  part 
thereof  to  tlie  same  extent  as  though  they  were  written 
into  its  term-s.  Armour  Packing  Co.  v.  United  States, 
153  Fed.  1. 

Carriers — Rebates — Contract  to  maintain  established 
rate  ineffective  after  higher  rate  established — No  de- 
fense to  charge  of  receiving  less  than  filed  and  published 
rate.  A  contract  l^etween  a  carrier  and  a  shipper  to 
transport  the  latter's  goods  in  interstate  or  foreign  com- 
merce at  the  tlien  established  rate  for  a  definite  time  is 
ineffective  after  a  higher  rate  has  been  filed  and  pub- 
lished as  required  by  law.  The  time  during  which  a 
rate  different  from  the  agreed  rate  is  established  by 
filing  and  publishing  is  excepted  from  the  term  of  such 
a  contract  by  virtue  of  the  national  acts  to  regulate  com- 
merce which  are  a  part  thereof.  Such  a  contract  consti- 
tutes no  defense  to  a  charge  of  giving  or  receiving  a  re- 
bate or  concession  from  the  filed  and  published  rate. 
Armour  Packing  Co.  v.  United  States,  153  Fed.  1. 

Discrimination — Payment  of  transportation  by  adver- 
tising. A  contract  by  a  railroad  company  to  furnish  to 
the  publisher  of  a  magazine  as  called  for,  transportation 
amounting  to  a  certain  sum  at  schedule  rates  in  pay- 


ment of  a  stated  amount  of  advertising,  which  has  no 
fixed  value,  is  in  violation  of  the  provision  of  Section  6 
of  the  interstate  commerce  act,  prohibiting  any  carrier 
from  accepting  "greater  or  less  or  different"  compensa- 
tion than  that  named  in  the  public  schedule.  United 
States  V.  Chi.,  I.  &  L.  Ry.  Co.,  163  Fed.  Eep.  114. 

Through  rates — Arrangement  between  carriers  not 
binding  on  commission  and  courts.  It  is  competent  for 
the  commission  and  courts  to  deal  with  a  through  rate 
over  a  connecting  line,  no  matter  how  such  rate  may  be 
made  up  as  between  the  carriers.  I.  C.  Ry.  Co.  v.  Inter- 
state Com.  Commission,  206  U.  S.  441. 

Regulation  of  rates  not  province  of  judiciary.  For 
the  purposes  of  general  control  and  regulation  the  ju- 
dicial authority  has  no  original  jurisdiction  over  inter- 
state rates  when  voluntarily  established  by  carrier.  Poor 
Grain  Co.  v.  C,  B.  &  Q.  Ry.  Co.,  12  I.  C.  C.  E.  418. 

Joint  rates^Construction  of  words  "between  two 
points."  The  act  declares  that  it  shall  be  unlawful  for 
any  common  carrier,  who  is  a  party  to  a  joint  tariff,  to 
charge  or  receive  a  greater  or  less  compensation  for  the 
transportation  of  persons  or  property  or  for  any  services 
in  connection  therewith,  between  any  points  as  to  which 
a  joint  rate  is  named,  thereon  than  specified  in  the 
schedule  filed  by  the  commission  in  force  at  the  time. 
Held  that  the  words  "between  two  points"  did  not  limit 
such  section  to  points  on  the  established  route,  but  that 
the  section  prohibited  the  transportation  of  property 
between  terminals  in  different  States  at  a  greater  or  less 
rate  than  the  established  rate,  without  reference  to 
routes.  United  States  v.  Penn.  Ry.  Co.,  153  Fed.  Eep. 
625. 

Courts  cannot  make  rates.  The  courts  have  no  power 
to  fi.x"  rates.  Philadelphia  &  R.  R.  Co.  v.  Interstate 
Commerce  Commission  (1909),  174  Fed.  Eep.  687,  688. 

Courts  cannot  enjoin  proposed  rates.  A  State  Court 
has  no  power  to  enjoin  an  interstate  carrier  from  filing 
with  the  Interstate  Commerce  Commission  a  proposed 
schedule  of  rates.  Thacker  Coal  &  Coke  Co.  v.  Nor- 
folk &  W.  Ry.  Co.  (1910),  —  W.  Va.  — ,  68  S.  E. 
Eep.  107.  See  also  Columlus  Iron  &  Steel  Co.  r. 
Kanawha  &.M.  Ry.  Co.  (1910),  178  Fed.  Eep.  261. 

Cro.%s  ties  lumber.  Cross  ties  held  included  in  the 
term  lumber  in  a  schedule  of  freight  rates.  American 
Tie  &  Timber  Co.  v.  Kansas  City  S.  Ry.  Go.  (1909), 
175  Fed.  Eep.  28. 

■loint  rates  of  inland  and  ocean  carriers  must  be  filed. 
If  property  is  carried  under  a  joint  through  rate  hv 
virtue  of  a  common  control  or  arrangement  of  inland 
and  ocean  carriers,  the  joint  rate  is  required  to  be  filed 
and  published.  Packing  Co.  v.  United  States,  209  TJ^ 
56,  —  Mo.  — . 


1' 


Through  rates.  Under  the  provisions  of  the  act ' 
quiring  several  common  carriers  operating  a  through 
line  engaged  in  interstate  commerce  to  file  schedules  of 
rates  constituting  the  basis  of  a  through  interstate  rate, 
each  carrier,  though  operating  a  line  wholly  within  a 
State,  which  line  is  a  portion  of  a  through  route  engaged 
in  interstate  commerce  through  a  common  arrangement 
between  several  connecting  carriers,  is  bound  to  comply 
with  such  act.  United  States  v.  N.  Y.  C.  >£  H.  R.  R. 
Co.,  153  Fed.  Eep.  630. 

Interstate  Commerce  Commission — Joint  rates. 
Where  a  carrier  filed  and  published  a  rate  between  two 
points  on  its  line  within  a  State,  and  also  procured 
copies  of  the  tariff  schedtiles  of  a  terminal  line  extend- 
ing to  a  point  in  another  State  and  filed  and  published 


il 


Digest  of  Decisions 


151 


such  schedules  in  tlie  manner  required  by  law.  Held 
that  the  carrier  thereby  became  an  interstate  carrier  as 
to  shipments  made  under  such  rates.  United  States  v. 
Standard  Oil  Co.,  155  Fed.  Eep.  305. 

Terminal  charges.  Where  railroad  companies  en- 
gaged in  the  transportation  of  live  stock  from  points  in 
other  States  to  the  Union  Stock  Yards  in  Chicago  have 
fixed  a  terminal  charge  for  the  moving  of  e^h  car  from 
the  end  of  their  own  tracks  in  Chicago  to  the  stock 
yards,  stating  the  througli  rate  to  the  end  of  their  track 
and  the  terminal  charge  separately  in  their  schedules 
as  required  by  section  6  of  the  interstate  commerce  act, 
the  legality  of  each  charge  must  be  determined  by  itself 
without  regard  to  the  other;  and  where  the  terminal 
charge  considered  by  itself  is  reasonable  for  the  service 
Tendered,  the  Interstate  Commerce  Commission  is  with- 
out power  to  reduce  it,  on  the  ground  that,  when  added 
to  the  through  rate,  the  total  charge  from  the  point  of 
shipment  to  the  stock  yards  is  excessive.  Stickney  v. 
Interstate  Com.  Commission,  164  Fed.  Eep.  638. 

Rates — Failure  to  post  does  not  affect  validity,  if 
filed  with  commission.  That  a  carrier  failed  to  post  its 
schedules  and  tariff  sheets  in  a  depot,  as  required  by  the 
interstate  commerce  law,  does  not  affect  the  validity  of 
the  rates  promulgated,  filed  with  the  Interstate  Com- 
merce .Commission  and  deposited  with  the  station  agent. 
Mires  V.  St.  L.  &  S.  F.  R.  Co.,  114  S.  W.  1052. 

The  Illinois  Central  Railroad  failed  to  post  at  Hen- 
derson, Ky.,  certain  rates  whicJi  it  had  filed  with  the 
Interstate  Commerce  Commission.  The  Henderson 
Elevator  Company,  relying  on  rates  previously  in  force, 
bought  100,000  bushels  of  corn  to  be  shipped  by  it  from 
Henderson,  K}-.,  to  New  Orleans.  The  rate  which  the 
railroad  had  failed  to  post  was  3i/>  cents  per  100  pounds 
higher  than  the  former  rate.  Held  that  the  railroad 
was  liable  to  the  grain  company  for  the  loss  that  re- 
sulted from  its  being  obliged  to  pay  the,  higher  rate. 
Illinois  Central  R.  Co.  v.  Henderson  Elevator  Co. 
(1910),  —  Ky.  — ,  127  S.  W.  Eep.  779. 

A  railroad  is  prohibited  from  charging  interstate 
rates  in  excess  of  its  schedule,  even  though  it  has  failed 
to  post  the  schedule  and  the  shipper  has  received  no 
notice  thereof.  Houseman  v.  Fargo  (1910),  124  N.  Y. 
Supp.  1086. 

Failure  to  publish  rates.  The  penalty  for  failure  to 
publisli  and  file  the  rates  is  as  severe  as  the  penalty  for 
failure  to  observe  such  rates  after  filing.  United  States 
V.  III.  Term.  Ry.  Co.,  168  Fed.  Eep.  546. 

Section  Seven. 

Continuous  carriage  of  shipment.  Unlawful  for  a 
carrier  to  enter  into  combination,  contract  or  agreement, 
expressed  or  implied,  by  any  means  or  device,  to  prevent 
a  continuous  carriage  of  freight  from  place  of  ship- 
ment to  place  of  destination. 

Brealcing  haul.  On  a  through  and  continuous  line, 
the  carrier  cannot  escape  responsibility  for  unjust 
charges  by  breaking  haul  in  two,  and  calling  itself  a 
separate  carrier.  Bradley  v.  Pennsylvania  R.  R.  Co.,  2 
Int.  C.  C.  E.  131 ;  In  re  Morskin  of  G.  T.  R.  R.  Co.,  3 
Int.  C.  C.  E.  89. 

Continuous  carriage  from  point  of  shipment  to  point 
of  destination.  The  seventh  section  of  this  act  makes 
it  unlawful  for  any  common  carrier,  subject  to  the  pro- 
vision of  the  act,  to  enter  into  any  combination,  con- 
tract or  agreement,  expressed  or  implied,  to  prevent  by 
change  of  time  schedule,  carriage  in  different  cars,  or  by 


other  means  or  devices,  the  carriage  of  freight  being  con- 
tinuous from  the  place  of  shipment  to  the  place  of  des- 
tination; and  no  break  of  bulk,  stoppage  or  interrup- 
tion made  by  such  common  carriers  shall  prevent  the 
carriage  of  freight  from  being  treated  as  one  con- 
tinuous carriage  from  the  place  of  shipment  to  the 
place  of  destination,  unless  such  break,  stoppage  or  in- 
terruption was  made  in  good  faith,  for  some  necessary 
purposes  and  without  any  attempt  to  evade  any  of  the 
provisions  of  the  act.  The  provision  of  this  section 
should  be  construed  in  connection  with  section  3,  which 
provides  for  connecting  lines  and  interchange  of  traffic 
between  carriers  without  discrimination.  It  is  no  viola- 
tion of  section  7  of  the  act  for  a  railroad  company  to 
enter  into  contracts  with  other  companies  for  the  estab- 
lishment of  through  routes  and  through  rates  for  the 
continuous  carriage  of  interstate  traffic.  Such  contracts 
are  in  nowise  inconsistent  with  the  things  forbidden  in 
said  section.  Kentucky  &  I.  Bridge  Co.  v.  Louisville  & 
N.  R.  Co.,  37  Fed.  567. 

While  under  these  provisions  of  the  act  it  is  oblig- 
atory to  provide  proper  facilities  for  interstate  carriage 
of  freight,  and  has  prevented  carriers  from  obstructing 
continuous  shipments  on  interstate  lines,  we  look  in 
vain  for  any  regulation  of  the  matter  here  in  contro- 
versy. There  is  no  sanction  of  agreements  of  this  char- 
acter limiting  liability  to  stipulated  valuations  between 
connecting  carriers.  In  the  absence  of  congressional 
legislation,  a  State  may  require  common  carriers,  al- 
though in  the  execution  of  interstate  business,  to  be 
liable  for  the  whole  loss  resulting  from  his  own  neg- 
ligence, a  contract  to  the  contrary  notwithstanding. 
Pennsylvania  R.  R.  Co.  v.  Hughes,  191  U.  S.  477. 

Section  7  of  the  act  may  properly  be  considered  to- 
gether with  the  general  jurisdiction  clause  of  the  first 
section.  Boston  F.  &  T.  Ex.  v.  N.  Y.  &  N.  E.  R.  R.  Co., 
4  Int.  C.  C.  E.,  3  Int.  Com.  Eep.  493. 

What  constitutes  continuous  shipment  by  connecting 
lines.  Orange  growers  in  Florida  shippotl  their  fruit 
from  one  point  in  a  State  to  another  point  in  the  same 
State  consigned  to  their  agent  at  latter  point  for  reship- 
ment,  who  immediately  forwarded  them  to  their  destina- 
tion in  another  State.  Held  that  the  shipment  from  the 
grower  to  the  forwarding  agent  was  interstate  commerce 
and  not  subject  to  control  of  State  Eailroad  Commis- 
sion. Cutting  V.  Florida  Ry.  cO  Nav.  Co..  46  Fed. 
641,  citing  The  Danile  Ball  case,  77  V.  S.  557. 

Street  railway.  When  a  street  railway  passenger  is 
entitled  to  continuous  carriage  to  his  destination,  the 
railway  cannot  compel  him  to  walk  1,200  feet  on  account 
of  a  temporary  break  in  the  track  when  there  is  an  in- 
direct way  by  which  he  might  be  transferred  over  said 
break  without  walking.  Mannion  v.  International  Ry. 
Co.  (1910),  121  N.  Y.  Supp.  263,  66  Misc.  Eep.  (N. 
Y.)  420. 

Enjoining  State  officials.  State  officials  may  be  en- 
joined from  enforcing  an  unconstitutional  statute.  In 
Western  Union  Tel.  Co.  v.  Andrews  (1910),  216  U.  S. 
165,  30  Sup.  Ct.  Eep.  286,  the  prosecuting  attorneys  of 
the  Seventeenth  Judicial  Circuit  of  Arkansas  were  en- 
joined from  bringing  suits  against  the  company  to  re- 
cover penalties  of  $1,000  for  each  day's  violation  of  the 
so-called  Wingo  act  by  which  foreign  corporations  were 
required  to  pay,  as  a  condition  precedent  to  doing  busi- 
ness in  Arkansas,  a  fee  of  $25  where  the  capital  stock 
did  not  exceed  $50,000,  $75  where  the  capital  stock 
exceeded  $50,000  but  did  not  exceed  $100,000,  and  $25 


152 


National  Association  of  Railway  Commissioners 


additional   for  each  $100,000   of   capital   stock.     Tho 
district  judge   (154  Fed.  Rep.   95)   had  dismissed  the 
case  upon  the  ground  that  the  suit  was  in  effect  a  suit 
against  the  State,  and  for  that  reason  prohibited  by  the 
eleventh  amendment  to  the  United  States  Constitution. 
Held  that  the  District  Court  was  wrong,  citing  Ex  parte 
Young,  209  U.  S.  123,  52  L.  Ed.  714,  13  L.  R.  A.  (N. 
S.)  932,  28  Sup.  Ct.  Rep.  441.    In  Ludwig  v.  Western 
Union  Tel.  Co.  (1910),  216  U.  S.  146,  54  L.  Ed.  — , 
30  Sup.  Ct.  Eep.  280,  the  same  statute  was  held  to  be 
unconstitutional  and  void.     The  Court,  by  Harlan,  J., 
said:     ".     .     .    According    to    well-settled    rules    of 
statutory  construction,  the  validity  of  a  statute,  what- 
ever its  language,  must  be  determined  by  its  effect  or 
operation,  as  manifested  by  the  natural  and  reasonable 
meaning  of  the  words  employed.    Henderson  v.  Mayor, 
92  U.  S.  259,  268.    If  a  statute,  by  its  necessary  opera- 
tion, really  and  substantially  burdens  the  interstate  busi- 
ness of  a  foreign  corporation  seeking  to  do  business  in  a 
State,  or  imposes  a  tax  on  its  property  outside  of  such 
State,  then  it  is  unconstitutional  and  void,  although  the 
State  legislature  may  not  have  intended  to  enact  an 
invalid  statute.    But  even  if  we  should  assume  that  the 
State  Court  would  construe  the  statute  of  1907  as  in- 
tended not  to  apply  to  interstate  commerce,  but  only  to 
local  or  intrastate  business,  we  are,  nevertheless,  informed 
by  its  decision  in  Western  Union  Tel.  Co.  v.  State,  82 
Ark.  301,  318,  that,  in  the  opinion  of  the  State  Court, 
the  statute  so  construed  is  valid,  and  therefore  the  tele- 
graph company,  in  order  that  it  may  safely  continue 
local    business"  in    Arkansas,   must   first  pay   into   the 
treasury  of  the  State  certain  amounts  based  on  its  en- 
tire capital  stock  for  simply  filing  its  articles  of  incor- 
poration with  the  Secretary  of  State ;  and  if  it  does  not 
pay  the  specified  fees,  based  on  its  entire  capital  stock, 
and  yet  continues  to  do  intrastate  business  in  Arkansas, 
it  will   incur  the   prescribed   penalty  of  one   thousand 
dollars  for  continuing  to  do  business  in  the  State,  and, 
in  addition,  lose  its  power  or  right  to  make  any  en- 
forcible  contract  in  the  State.       These  are,  m  effect, 
conditions  upon  which  the  telegraph  company,  lawfully 
engaged  in  interstate  business,  and  entitled  to  be  in  Ar- 
kansas for  such  business,  is  permitted  to  enter  the  State 
to  do  local  business  within  its  limits.     And  these  con- 
ditions have  been  prescribed,  notwithstanding  the  com- 
pany has  been  permitted  for  many  years,  long  before 
the  act  here  in  question  was  passed,  to  do  local  business 
in  the  State  with  its  permission  and  acquiescence,  and 
has  invested  there  large  sums  of  money  in  preparing  to 
serve  the  public  efficiently  in  that  kind  of  business.  The 
capital  stock  of  the  company  represents,  we  repeat,  all 
its  business,  property  and  interests  throughout  the  United 
States  and  foreign  countries,  and  the  requirement  that 
the  company,  engaged  in  interstate  commerce,  may  con- 
tinue to  do  a  local  business  in  Arkansas,  and  escape  the 
heavy  penalties  prescribed,  must  pay  a  given  amount  (in 
this  case  $25,050),  based  on  all  its  capital  stock,  merely 
for  filing  its  articles  of  incorporation  with  the  Secretary 
of  State,  is,  in  effect,  a  direct  burden  and  tax  on  its  in- 
terstate business,  as  well  as  on  its  property  outside  of 
the  State.    The  case  cannot  be  distinguished  in  principle 
from  Western  Union  Tel.  Co.  v.  Kansas,  216  U.  S.  1,  30 
Sup.  Ct.  Rep.  190,  and  Pullman  Company  v.  Kansas, 
216  U.  S.  56,  30  Sup.  St.  Rep.  232,  recently  decided. 
The  difference  in  the  wording  of  the  Kansas  and  Arkan- 
sas statutes  cannot  take  the  present  case  out  of  the 
ruling  of  the  former  cases.     On  the  authority  of  the 


Kansas  cases,  and  for  the  reasons  stated  in  the  opinions 
therein,  we  hold  the  statute  in  question  to  be  unconstitu- 
tional and  void,  as  illegally  burdening  interstate  com- 
merce and  imposing  a  tax  on  property  beyond  the  juris- 
diction of  the  State.     .     .     ." 

Removal  to  Federal  Courts.  The  Mississippi  statute 
of  1908  which  provides  that  a  foreign  railroad  corpora- 
tion which  removes  a  suit  against  it  to  a  Federal  Court 
shall  forfeit  its  right  to  engage  in  intrastate  commerce 
within  Mississippi,  held  constitutional  and  valid.  State 
V.  Louisville  &  N.  R.  Co.  (1910),  —  Miss.  — ,  51  So. 
Rep.  918. 

Remedies  cumulative.  A  shipper  need  not  avail  of 
the  remedy  for  discrimination  by  a  carrier  provided  by 
the  railway  commission  act.  He  may  maintain  his  suit 
at  common  law  to  recover  damages  caused  by  the  rail- 
road's failure  to  furnish  him  with  cars.  Southern  Ry^ 
Co.  V.  Moore  (1910),  133  Ga.  806,  67  S.  E.  Rep.  85. 

Penalty  and  double  damages.  The  Arkansas  statute 
of  1899  providing  for  a  penalty  payable  to  the  State  and 
double  damages  payable  to  the  shipper  for  discrimina- 
tion held  not  to  repeal  a  statute  passed  in  1887  provid- 
ing for  the  recovery  of  a  penalty  of  not  less  than  $50- 
nor  more  than  $1,000  bv  the  shipper  for  discrimination. 
Roberts  v.  St.  Louis,' I.  M.  &  S.  Ry.  Co.  (1910),. 
—  Ark.  — ,  130  S.  W.  Rep.  531. 

Express  messenger.  A  railroad  made  an  agreement 
with  an  express  company  by  which  the  express  company 
bound  itself  to  save  the  railroad  harmless  from  losp 
or  damage  growing  out  of  injury  to  an  express  mes- 
senger while  riding  on  the  railroad's  trains.  The  ex- 
press company,  in  turn,  required  the  agent  to  agree  to 
save  it  harmless  from  loss.  The  messenger  was  killed' 
in  an  accident  while  riding  on  one  of  the  railroad's 
trains.  The  express  company  filed  its  bill  for  an  in- 
junction to  restrain  his  widow  from  suing  it.  Held 
that  the  bill  could  not  be  maintained  nor  the  widow- 
restrained.  Weir  V.  Rountree  (1909),  173  Fed.  Rep.. 
776,  97  C.  C.  A.  500. 

Maximum  fare  statute.  The  Arkansas  maximum  fare 
act  of  1887  held  not  repealed  by  the  railroad  commission' 
act  of  1899,  which  gave  the  commission  power  to  fix 
rates.  Chicago,  Rock  Island  &  Pacific  R.  Co.  v.  McEl- 
roy  (1909),  92  Ark.  600,  123  S.  W.  Rep.  771. 

Proceeding  by  attorney-general.  A  statutory  pro- 
vision that  the  railroad  commission  may  maintain  suits 
against  a  carrier  to  enforce  obedience  to  the  law  does 
not  bar  the  right  of  the  attorney-general  to  proceed 
without  consulting  the  commission.  State  v.  Boston 
&  Maine  R.  Co.  (1909),  75  N.  H.  327,  74  Atl.  Rep.  542. 
Rules.  The  courts  will  not  interfere  with  a  rule  of 
the  Public  Service  Commission  preventing  the  New 
York  Central  Railroad  from  loading  more  than  four 
carloads  of  manure  at  one  time  at  its  yards  in  New  York 
City.  People  v.  Wilcox  (1910),  123  N.  Y.  Supp.  153. 
The  statute  in  this  case  provided  tliat  "whenever  the 
commission  shall  be  of  opinion  .  .  .  that  the  . 
.  .  practices  ...  of  any  .  .  .  railroad  cor- 
poration ...  in  respect  to  transportation  of  per- 
sons, freight  or  property  are  .  .  .  unsafe,  im- 
proper or  inadequate  the  commission  shall  determine  the 
just,  reasonable,  safe,  adequate  and  proper  regulations, 
practices,  equipment,  appliances  and  service  .  .  .  and 
prescribe  the  same  by  order." 

Through  routes — Joint  rates.  The  courts  cannot  en- 
join railways  from  establishing  joint  rates  and  through 
routes  in  the  manner  provided  by  the  interstate  com- 


w 


Digest  of  Decisions 


153 


merce  statute.  The  courts  have  no  jurisdiction  of  the 
subject  matter  until  after  the  Interstate  Commerce 
Commission  has  acted.  Tennessee  Central  R.  Co.  r. 
Southern  By.  Co.  (1910),  178  Fed.  Eep.  267,  citing 
Macon  Grocery  Co.  v.  Atlantic  Coast  Line  R.  Co. 
(1910),  215  t.  S.  501,  30  Sup.  Ct.  Rep:  184. 

Free  passes  enjoined.  The  courts  will  e^oin  railways 
from  issuing  free  passes  to  newspapers  to  be  paid  for  in 
advertising.  State  v.  Union  Pac.  R.  Co.  (1910),  — 
Neb.  — ,  i26  N.  w.  Rep.  859. 

Proposed  neiv  schedules.  Neither  the  United  States 
nor  State  courts  have  jurisdiction  to  enjoin  an  interstate 
carrier  from  filing  a  new  schedule  of  rates  with  the  In- 
terstate Commerce  Commission.  Such  schedule  cannot 
be  reviewed  by  the  courts  until  the  Interstate  Com- 
merce Commission  has  first  approved  it.  Columbus 
Iron  &  Steel  Co.  v.  Kanawha  &  M.  Ry.  Co.  (1910),  178 
Fed.  Rep.  261 ;  Powhatan  Coal  rf-  Coke  Co.  v.  Norfolk  <f- 
W.  Ry.  Co.  (1910),  178  Fed.  Rep.  266;  Houston  Coal 
&  Coke  Co.  V.  Norfolk  &  W.  Ry.  Co.  (1910),  178  Fed. 
Eep.  266;  Tennessee  Cent.  Ry.  Co.  v.  Southern  Ry.  Co. 
(1910),  178  Fed.  Rep.  2'67;  Thacker  Coal  £■  Coke  Co. 
V.  Norfolk  &  W.  Ry.  Co.  (1910),  —  W.  Va.  — ,  68  S. 
E.  Kep.  107.  But  see  Arlington  Heights  Fruit  Co.  v. 
Southern  Pac.  Co.  (1909),  175  Fed.  Rep.  141. 

Pleading — Petition  must  show  default  by  carrier. 
Where  suit  at  law  for  damages,  because  of  an  alleged 
unjust  or  discriminatory  freight  charge,  is  brought  in 
tlie  federal  court,  that  court,  in  the  absence  of  an  aver- 
ment in  the  petition  that  the  carrier  has  failed  to  post 
and  file  its  tariff,  is  bound  to  presume  that  the  carrier 
has  complied  with  the  law,  and  that  the  charge  com- 
plained of  is  made  thereunder.  Where  such  is  the  case 
relief  can  only  be  obtained  through  the  commission. 
Clement  v.  L.  &  M.  Ry.  Co.,  153  Fed.  Rep.  979. 

Jurisdiction — Damages  for  discrimination.  Where  a 
carrier  has  filed  and  posted  its  tariffs  in  conformity  with 
tlie  act,  a  federal  court  is  without  jurisdiction  to  enter- 
tain a  suit  at  law  for  damages  because  of  the  exaction 
or  discriminatory  charge,  until  application  is  made  to 
the  commission  for  the  correction  of  such  charge. 
Clement  v.  L.  rf-  M.  Ry.  Co.,  153  Fed.  Rep.  979. 

Section  Eight. 

Liability  for  damages.  Common  carriers  liable  to  per- 
sons injured  for  damages  sustained,  together  with  rea- 
sonable counsel  or  attorney's  fee.  Violation  of  act  con- 
sists in  doing  a  thing  forbidden  or  omitting  to  do  any- 
thing required  by  the  act. 
'  Federal  courts  have  exclusive  jurisdiction  under  sec- 
tions 8  and  9.  The  federal  courts  have  exclusive 
jurisdiction  of  suits  brought  under  sections  8  and  9  of 
the  interstate  commerce  act,  to  recover  damages  for 
overcharging.  The  limitation  as  to  the  district  within 
which  suit  'can  be  brought  in  a  United  States  Court, 
contained  in  the  judiciary  acts  of  1887  and  1888,  does 
not  apply  to  suits  brought  under  sections  8  and  9  of 
the  interstate  commerce  act  to  recover  damages  for  over- 
charging; but  such  suit  may  be  brought  in  any  district 
in  which  the  defendant  can  be  found.  Van  Patten  v. 
€.,  M.  &  St.  P.  Ry.  Co.,  74  Fed.  981. 

Same.  Where  exclusive  jurisdiction  is  created  and 
conferred  upon  the  courts  of  the  United  States  by  spe- 
cial acts,  passed  prior  to  the  enactment  of  the  judiciary 
acts  of  March  3,  1887,  and  August  13,  1888,  tlie  juris- 
diction so  conferred  is  not  affected  by  the  provision  of 


those  acts,  limiting  the  place  of  bringing  suit  to  the  dis- 
trict whereof  one  of  the  parties  is  an  inhabitant,  such 
limitation  being  applicable  only  to  cases  whereof  the 
State  and  federal  courts  have  concurrent  jurisdiction. 
{In  re  Hohorst,  150  U.  S.  653  followed.)  Van  Patten 
V.  C,  M.  (£■  St.  P.  By.  Co.,  74  Fed.  981. 

Same — Removal  of  causes.  The  jurisdiction  of  the 
federal  courts  over  causes  arising  under  the  interstate 
commerce  act  is  exclusive  and  no  action  can  be  main- 
tained thereon  in  a  State  court.  A  State  court  having 
no  jurisdiction  of  an  action  to  enforce  rights  given  solely 
by  the  interstate  commerce  law,  a  federal  court  acquires' 
no  jurisdiction  of  such  action  by  its  removal.  Sheldon 
V.  Wabash  R.  Co.,  105  Fed.  785. 

Same — Concurrent  jurisdiction  of  State  courts  dis- 
tinguished. The  fact  that  the.  subject  of  interstate  com- 
merce is  beyond  State  legislative  control  does  not  ipso 
facto  prevent  the  courts  of  the  State  fromexercisingjuris- 
diction  over  cases  arising  from  such  commerce.  Murray 
V.  Chicago,  M.  &  N.  W.  Ry.  Co.,  62  Fed.  24. 

Injunction — Facilities  for  interchange  of  traffic  be- 
tween railroads.  The  Circuit  Court  of  the  TTnited  States 
has  general  chancery  jurisdiction  in  eases  arising  under 
the  interstate  commerce  act.  A  bill  brought  solely  to 
enforce  compliance  with  the  interstate  commerce  act, 
and  to  compel  railroad  companies  to  comply  with  such 
act  by  offering  proper  and  reasonable  facilities  for  inter- 
change of  traffic  with  the  railroad  company,  complain- 
ant, and  enjoining  them  from  refusing  to  receive"  from 
complainant  for  transportation,  over  their  line,  any  cars 
which  might  be  tendered  them,  exhibits  a  case  arising 
under  the  constitution  and  laws  of  the  United  States  of 
which  a  Circuit  Court  has  jurisdiction.  It  has  frequently 
been  held  that  a  case  arises  under  the  constitution  and 
laws  of  the  United  States  whenever  the  party  plaintiff 
sets  up  a  right  to  which  he  is  entitled  under  such  laws, 
which  the  party  defendant  denies  to  him,  and  the  cor- 
rect decision  of  the  case  depends  upon  the  construction 
of  such  laws.  In  re  Lenon,  166  U.  S.  548,  553 ;  Ten- 
n-essee  r.  Davis,  100  U.  S.  257 ;  Starin  v.  N.  Y.  115  U.  S. 
248 ;  K.  P.  Ry.  Co.  v.  A.  T.  &  C.  R.  Co.,  112  U.  S.  414; 
if?.  R.  Co.  V.  Mississippi,  102  U.  S.  135. 

Same.  It  was  held  in  the  Circuit  Court  in  the  Central 
Stock  Yards  Company  ease  that  the  remedies  provided 
in  sections  8  and  9  of  the  act  are  exclusive,  and 
hence  a  bill  for  injunction  to  compel  obedience  to  sec- 
tion 3  will  not  lie.  (112  Fed.  823.)  The  Supreme 
Court,  in  reviewing  the  case,  assumed,  without  deciding, 
that  it  had  jurisdiction.  Central  Stock  Yards  Co.  v.  L. 
&  N.  Ry.  Co.,  192  U.  S.  568. 

Same.  The  rule  that  equitable  relief  will  not  be 
granted  until  the  complainant's  right  or  title  has  been 
established  in  an  action  at  law  does  not  apply  when  the 
subject  matter  of  the  litigation  is  alleged  discrimina- 
tion in  violation  of  the  interstate  commerce  act,  and 
when  in  such  cases  an  action  at  law  would  involve  a 
multiplicity  of  suits,  or  the  remedy  at  law  is  not  ade- 
quate to  afford  relief,  equity  will  take  jurisdiction. 
Interstate  Stock  Yards  Co.  v.  I.  M.  N.  Ry.,  99  Fed.  472. 

Jurisdiction  without  regard  to  citizenship.  The  Cir- 
cuit Court  of  the  United  States  has  jurisdiction  in  a  bill 
in  equity  to  restrain  violation  of  the  interstate  com- 
merce act,  to  the  irreparable  injury  of  complainant,  be- 
cause of  the  subject  matter,  and  without  regard  to  the 
citizenship  of  the  parties.  Toledo  A.  A.  £  N.  M.  R.  Go. 
v.  Penn.  Co.,  54  Fed.  730.. 

Equity — New  remedies.    A  court  of  equity  has  power 


154 


National  Association  of  Railway  Commissioners 


to  contrive  new  remedies  and  issue  unprecedented  orders 
to  enforce  rights  secured  by  federal  legislation  provided 
no  illegal  burden  is  imposed  thereby.  Toledo  A.  A.  & 
N.  M.  Ry.  Co.  V.  Penn..  54  Fed.  746 ;  Jay  v.  St.  Louis, 
11  Sup.  Ct.  Rep.  243,.  138  U.  S.  1. 

Remedies  offered  by  act  are  cumulative.  The  remedies 
provided  by  the  interstate  commerce  act  are  cumulative 
and  not  exclusive  of  the  general  remedies  given  by  the 
judiciary  act  conferring  jurisdiction  of  all  suits  and 
controversies  arising  under  an  act  of  congress  regard- 
less of  any  diversity  of  citizenship  between  the  parties. 
Little  Rock  &  M.  R.  Co.  v.  East  T.  V.  &  G.  R.  Co., 
47  Fed.  771;  Ky.  and  Ind.  Bridge  Co.  v.  L.  &  N. 
Ry.  Co.,  37  Fed.  567. 

Equity— Elkins  act.  The  Elkins  act  (July  19,  1903, 
32  Stat.  847,  c.  708),  providing  that  the  equity  juris- 
diction of  the  United  States  shall  extend  to  a  suit  by 
the  government  against  a  carrier  for  unlawful  discrimi- 
nation between  shippers,  applies  not  only  to  interstate 
commerce  law  subsequent  to  its  enactment,  but  to  every 
violation,  whether  previously  or  subsequently.  United 
States  V.  Mich.  Cent.,  122  Fed.  544. 

Multiplicity  of  suits.  When  it  appears  that  a  large 
number  of  complainants  have  identical  claims  of  rights 
relating  to  the  same  subject  matter  against  a  large  num- 
ber of  defendants,  public  corporations,  who  are  alleged 
to  be  in  a  combination  to  inflict  on  each  and  every  com- 
plainant a  common  and  simultaneous  wrong,  equity 
jurisdiction  not  to  allow  multiplicity  of  suits  will  be 
maintained.    Tift  v.  So.  Pac.  Ry.  Co.,  123  Fed.  789. 

A  combination  to  induce  and  procure  the  officers  of  a 
common  carrier  corporation,  and  its  locomotive  engi- 
neers to  refuse  to  receive,  handle  and  haul  interstate 
freight  from  another  like  common  carrier,  in  order  to 
injure  the  latter,  is  a  combination  or  conspiracy  to  com- 
mit a  misdemeanor  described  by  section  10  of  the  in- 
terstate commerce  act.  The  damage  arising  therefrom 
is  irreparable  and  justifies  the  granting  of  a  preliminary 
injunction.  Toledo  A.  A.  £  N.  M.  R.  Co.  v.  Penn.,  54 
Fed.  Rep.  730. 

Court  has  rw  power  to  compel  railroad  to  enter  into 
contract  with  another  company.  A  court  of  equity  has 
no  power,  either  at  common  law  or  under  the  inter- 
state commerce  act,  to  compel  a  railroad  company  to 
enter  into  a  contract  with  another  company  for  a  joint 
through  rate  and  joint  through  routing  of  freight  and 
passengers.  L.  R.  &  M.  R.  Co.  v.  St.  L.  &  S.  Ry.  Co.  et 
at,  41  Fed.  559. 

Right  only  to  person  damaged — Must  show  injury. 
The  only  right  of  recovery  given  is  to  the  person  or  per- 
sons injured  by  a  violation  of  the  act  for  the  full  amount 
of  damages  sustained  in  consequence  of  any  such  vio- 
lation, and  before  any  party  can  recover  under  the 
act  he  must  show,  not  merely  the  wrong  of  the  carrier, 
but  that  that  wrong  has  operated  to  his  iniury.  Pen- 
alties are  not  recoverable  on  mere  possibilities.  Par- 
son V.  C.  &  N.  W.  Ry.  Co.,  167  U.  S.  447. 

Liability  of  common  carriers  for  damages — Action 
based  on  statutes.  The  right  of  a  shipper  of  goods  over 
a  railway  who  pays  to  the  railroad  company  reasonable 
rates  for  the  transportation  of  goods  to  the  place  of  des- 
tination, to  recover  from  such  company  the  excess  of 
such  payment  over  the  rate  charged  to  shippers  of  simi- 
lar goods  to  the  same  destination  from  another  place  of 
shipment  of  the  same  or  greater  distance  from  it,  is  a 
right  growing  out  of  the  interstate  commerce  act  (sec- 
tions 8  and  9),  and,  being  in  the  nature  of  a  penalty, 


can  be  enforced  only  by  strict  proof,  showing  clearly 
and  directly  the  violations  complained  of.  No  violation 
of  a  statute  is  to  be  presumed.  Parsons  v.  C.  &  N.  IV. 
Ry.,  167  U.  S.  447,  affirming  63  Fed.  903. 

Actions  of  damages  by  shippers — Grounds  of  recovery. 
To  support  an  action  by  a  shipper  under  section  8 
of  the  interstate  commerce  act  he  must  either  show  that 
there  has  been  some  unreasonable  or  excessive  charges 
imposed  or  some  unlawful  discrimination  practiced 
against  him,  by  which  he  has  been  damaged.  He  cannot 
recover  on  a  merely  technical  construction  of  the  law,  be- 
cause, in  addition  to  the  ordinary  schedule  rate  an  extra 
charge  for  icing  service  also  shown  by  schedules,  but 
separately,  has  been  collected  from  him,  when  such 
charge  is  not  shown  to  be  unreasonable  and  has  not  been 
so  held  by  the  Interstate  Commerce  Commission.  Knud- 
son  Ferguson  Fruit  Co.  v.  Mich.  Ceni.  Ry.  Co.,  148 
Fed.  969,  C.  C.  A. 

Limitation  of  action.  Statutes  of  limitation  of  per- 
sonal actions  and  laws  affecting  remedies  only  are  not 
rights,  as  is  clearly  shown  by  the  decision  that  the  only 
statutes  of  limitations  applicable  to  such  an  action  are 
the  statutes  of  the  States  where  an  action  is  brought  and 
not  those  of  a  State  where  the  cause  of  the  action  arose. 
McElmoyle  v.  Cohen,  13  Pet.  312;  Townsend  v.  .Jenni- 
son,  9  How.  407;  Walsh  v.  Mayer,  111  U.  S.  31.  It  is 
thus  established  that  the  statute  of  limitations  of  the 
State  governed  personal  actions  in  the  courts  of  the 
United  States.  Otherwise  in  the  absence  of  congres- 
sional legislation  there  would  be  no  limitation  of  the 
time  of  bringing  personal  action  in  the  courts  of  the 
United  States.  Mich.  Ins.  Bank  v.  Eldred,  130  U.  S. 
696. 

Same.  The  interstate  commerce  act  prescribes  no 
limitation  of  time  within  which  actions  based  thereon 
shall  be  instituted  and  therefore  such  actions  must  be 
governed  as  to  limitation  by  the  statutes  of  the  State 
wherein  they  are  brought.  Ratican  v.  Terminal  R.  Assn., 
S.  &  L.  114  Fed.  666. 

Same.  Under  the  revised  statutes  of  the  United 
States,  when  congress  creates  a  new  right  of  action  with- 
out providing  any  limitation  thereto,  the  State  statutes 
of  limitations  apply  and  are  binding  upon  United  States 
courts.    Copp  V.  L.  &  N.  Ry.  Co.,  50  Fed.  164. 

Limitation — Federal  court  following  State  decisions. 
The  conclusion  of  a  State  court  as  to  the  time  when  a 
cause  of  action  accrues  in  case  of  fraud  or  concealment, 
is  not  holding  in  the  United  States  courts,  when  based, 
not  on  the  construction  of  a  State  statute,  but  on  the 
view  taken  of  the  rule  of  the  common  law.  Where  the 
statute  of  limitations  makes  no  exceptions  the  courts  can 
make  none.  Murray  v.  C.  &  N.  W.  Ry.  Co.,  93  Fed. 
868. 

Measure  of  damages — Interest.  When  plaintiff  is  en- 
titled to  the  same  rates  for  the  shorter  haul  as  is  af- 
forded other  shippers  for  the  longer  haul,  the  measure 
of  damages  is  the  difference  between  the  amount  paid 
by  each  for  the  like  service.  It  is  for  the  jury  to  de- 
termine whether  or  not  they  will  add  interest  to  the 
amount  of  the  damages ;  but,  if  awarded,  it  must  be  esti- 
mated from  the  date  of  the  last  shipment.  Junod  v.  C. 
(&  N.  W.  Ry.  Co.,  47  Fed.  290. 

Assignment  of  claims — Right  of  assignee  to  sue. 
Claims  for  damages  to  recover  overcharges  under  sections 
8  and  9  of  the  interstate  commerce  law  consti- 
tutes property  rights,  and  may  be  assigned  so  as  to  con- 
vey the  beneficial  interest  therein  to  the  assignee.    And 


Digest  of  Decisions 


155 


action  brought  in  a  federal  court  in  Iowa  to  recover 
damages  for  overcharges  under  sections  8  and  9 
of  said  act,  is  maintainable  in  the  name  of  the  assignee 
thereof  under  the  provision  of  the  Iowa  code  requiring 
all  suits  to  be  brought  in  the  name  of  the  real  party  in 
interest.  The  question  whether  the  beneficial  interest  in 
a  chose  in  action  created  by  the  act  of  coggress  is  as- 
signable is  controlled  by  the  federal  law,  independent 
of  the  State  laws.  But  the  question  whether  the  as- 
signee may  maintain  action  therein  in  his  own  name  is 
a  question  of  procedure,  depending  on  the  State  laws. 
Edmund  v.  III.  Cent.  R.  Co.,  80  Fed.  78. 

Demurrer.  On  demurrer  to  a  bill  filed  by  the  inter- 
state commerce  commission  for  the  enforcement  of  an 
order  made  by  it,  any  substantial  doubt  as  to  the  law- 
fulness of  the  order  should  be  resolved  in  its  favor. 
/.  C.  C.  V.  So.  Pac.  By.,  123  Fed.  597. 

Union  station — Joint  use.  Held  that  the  Virginia 
Corporation  Commission  has  no  power  to  compel  two 
railroads  which  have  a  union  station  in  the  town  of 
Norton  to  permit  a  third  railroad  to  use  it  jointly  with 
them.  Held,  also,  that  the  third  railroad  cannot  obtain 
such  right  by  condemnation  proceedings.  Common- 
wealth V.  Norfolk  &  W.  Ry.  Co.  (1910),'  —  Va.  — ,  68 
g.  E.  Eep.  351. 

Long,  and  Short  Haul.  A  shipper  at  Chicago  de- 
livered a  carload  of  coal  to  the  Wisconsin  Central  Rail- 
road at  Chicago  to  be  carried  on  its  line  to  Minnesota 
Transfer,  and  thence  by  a  connecting  carrier  to  Sioux 
City,  S.  D.,  at  the  published  tariff  rate  of  79.  The 
Wisconsin  Central  delivered  the  car  at  Minnesota  Junc- 
tion to  the  Great  Northern  to  be  carried  by  it  over  its 
line  to  Sioux  City.  The  shipper  ordered  the  Great 
Northern  to  drop  the  car  at  Jasper,  a  station  on  its  line 
thirty  miles  nearer  Minnesota  Transfer  than  Sioux  City, 
so  that  the  haul  was  thirty  miles  shorter  than  if  the  car 
had  been  taken  to  Sioux  City.  There  was  no  through  rate 
filed  and  published  by  the  Wisconsin  Central  from  Chi- 
cago to  Jasper.  The  Great  Northern  charged  the  sum  of 
the  local  rates,  $134.30.  The  shipper  refused  to  pay. 
Held  on  demurrer  that  the  rate  charged  could  not  be 
collected.  Great  Northern  Ry.  Co.  v.  Loonan  Lumber  Co. 
(1910),  —  S.  D.  — ,  125  N.  W.  Rep.  644. 

Joint  rates.  When  a  joint  rate  has  been  regularly 
filed  with  the  Interstate  Commerce  Commission  from 
Chicago  to  Sioux  City  over  the  Wisconsin  Central  and 
the  Great  Northern,  neither  road  can  collect  a  higher 
rate  for  a  shipment  from  Chicago  to  an  intermediate 
point  unless  such  higher  rate  has  been  allowed  by  order 
of  the  Interstate  Commerce  Commission.  Great  North- 
ern Ry.  Co.  V.  Loonan  Lumber  Co.  (1910),  —  S.  D.  — , 
125  N.  W.  Rep.  644. 

Pleading — Petition.  In  an  action  for  injuries 
to  complainant's  property  and  business  by  an  al- 
leged combination  and  conspiracy  between  interstate 
railroads  controlling  the  shipment  of  coal,  complainant 
must  allege  unlawful  rates  and  also  that  such  rates 
have  been  declared  unlawful  by  the  Interstate  Commerce 
Commission.  Meeker  v.  Lehigh  Valley  Ry.  Co.,  1G2 
Fed.  Rep.  354. 

Section  Nine. 

Election  of  remedies.  Any  person  claiming  to  be 
damaged  may  complain  to  commission  or  bring  suit  for 
recovery  of  damages  in  any  district  or  circuit  court  of 
the  United  States  of  competent  jurisdiction.  May 
not  pursue  both  remedies,  but  must  elect  which  one  he 
will  adopt.    In  actions  for  recovery  of  damages  the  court 


may  compel  any  officer,  etc.,  to  attend,  etc.,  and  may 
compel  production  of  books  and  papers  of  corporation  or 
company  party  to  such  suit. 

The  claim  that  testimony  may  tend  to  criminate  shall 
not  excuse  witness  from  testifying,  but  such  testimony' 
shall  not  be  used  against  witness  on  trial  of  criminal 
proceedings.     |  Amended  by  act  defining  immunity,] 

Hearing  before  court  and  commission  distinguished. 
— Section  9  construed.  The  power  of  the  court  to  award 
damages  to  those  claiming  to  have  been  injured,  as 
provided  in  the  section,  contemplates  only  a  decree  in 
favor  of  the  individual,  complainant  redressing  the  par- 
ticular wrong  asserted  to  have  been  done,  and  does  not 
embrace  the  power  to  direct  the  carrier  to  abstain  in  the 
future  from  similar  violation  of  the  act ;  in  other  words, 
to  command  a  correction  of  the  established'  schedules, 
which  power,  as  we  have  shown,  is  conferred  by  the  act 
upon  the  commission  in  express  terms.  In  other  words, 
we  think  that  it  inevitably  follows  from  the  context  of 
the  act  that  the  independent  right  of  an  individual 
originally  to  maintain  actions  in  courts  to  obtain  pe- 
cuniary redress  for  violations  of  the  act  conferred  by  the 
ninth  section  must  be  confined  to  redress  of  such  wrongs 
as  can  consistently,  with  the  context  of  the  act,  be  re- 
dressed by  courts  without  previous  action  by  the  com- 
mission, and,  therefore,  does  not  imply  the  power  in  a 
court  to  primarily  hear  complaints  concerning  wrongs 
of  the  character  of  the  one  here  complained  of.  Although 
an  established  schedule  of  rates  may  have  been  altered 
by  a  carrier  voluntarily  or  as  the  result  of  the  enforce- 
ment of  an  order  of  the  commission  to  desist  from  vio- 
lating the  law,  rendered  in  accordance  with  the  provi- 
sions of  the  statutes,  it  may  not  be  doubted  that  the 
power  of  the  commission  would  nevertheless  extend  to 
hearing  legal  complaints  of  and  awarding  reparation 
to  individuals  for  wrongs  unlawfully  suffered  from 
the  application  of  the  unreasonable  schedule  during 
the  period  when  such  schedule  was  in  force.  Tea-. 
&  Pac.  R.  R.  Co.  V.  Abilene  Cotton  Oil  Co.,  204  V. 
S.  426. 

Established  rate  binding  until  corrected.  In  an  action 
at  law  to  recover  damages  for  the  exaction  of  an  alleged 
unreasonable  freight  charge,  the  rate  established  in  con- 
formity with  the  act  to  regulate  commerce  must  be 
treated  by  the  court  as  binding  upon  the  shipper  until 
regularly  corrected  in  the  mode  provided  in  the  statute. 
Swift  V.  Phila.,  etc.,  Ry.  Co.,  64  Fed.  59 ;  Kinnavey  v. 
Terminal  R.  R.  Assn.,  81  Fed.  802 ;  Tex.  &  Pac.  R.  R. 
Co.  V.  Abilene  Cotton  Oil  Co.,  204  U.  S.  426. 

Court  does  not  primarily  determine  the  reasonableness 
of  rate.  The  cases  of  Cincinnati,  New  Orleans  &  Texas 
Pacific  Ry.  Co.  v.  Interstate  Commerce  Commission,  162 
U.  S.  184;  Louisville  &  Nashville  R.  R.  Co.  v.  Behlmer, 
175  IT.  S.  648,  and  Interstate  Commerce  Commission  v. 
Louisville  &  Nashville  R.  R.  Co.,  190  U.  S.  273,  in- 
volved the  enforcement  against  carriers  of  orders  of  tho 
commission.  After  deciding  that  the  orders  of  the  com- 
mission were  not  entitled  to  be  enforced  because  of 
errors  of  law  committed  by  that  body,  the  Supreme 
Court  declined  to  consider  the  question  of  the  reason- 
ableness per  se  of  the  rate  as  an  original  question ;  in 
other  words,  to  correct  the  established  schedule  without 
previous  consideration  of  the  subject  by  the  commission. 
It  was  pointed  out  that  by  the  effect  of  the  act  to  regu- 
late commerce  it  was  peculiarly  within  the  province  of 
the  commission  primarily  to  consider  and  pass  upon  a 
controversy  concerning  the  unreasonableness  per  se  of 


166 


National  Association  of  Kailway  Commissioners 


the  rates  fixed  in  an  established  schedule.  It  was  there- 
fore declared  to  be  the  duty  of  the  courts,  where  the 
commission  had  not  considered  sucli  a  disputed  ques- 
tion, to  remand  the  case  to  the  commission  to  enable  it 
to  perform  that  duty,  a  conclusion  wholly  incompatible 
with  the  conceptions  that  courts  in  independent  pro- 
ceedings were  empowered  by  the  act,  equally  with  the 
commission,  primarily  to  determine  tlie  reasonableness 
of  rates  in  force  through  an  established  schedule.  Texas 
<&  Pac.  By.  Co.  v.  Abilene  C.  0.  Go.,  204  U.  S.  426. 

Action  under  section  nine  not  barred  by  prior  action 
in  State  court.  A  case  before  the  commission  involving 
violation  of  the  act  to  regulate  commerce  through  illegal 
discrimination  in  furnishing  cars,  and  for  which  repa- 
ration is  demanded  is  not  barred  under  section  nine  of 
the  act  by  the  previous  institution  in  a  State  court  of 
&  suit  for  damages  between  the  same  parties  based  upon 
such  discrimination.  GaUogly  £■  F.  v.  C.  11.  &  D. 
Ry.  Co.,  11  I.  C.  R.  1. 

Penalty  strictly  construed.  The  penalty  sections  in  a 
railwav  commission  act  are  strictly  construed  in  favor 
of  the  defendant.  Texarlana  &  Ft.  8.  Ry.  Co.  v.  Sabine 
Tram  Co.  (1910),  —  Tex.  Civ.  App..— ,  129  S.  W. 
Eep.  198. 

Suit  for  penalty  not  removable.  An  action  to  recover 
a  penalty  for  violation  by  a  railroad  of  the  Arkansas 
Railroad  Commission  act  or  of  a  rule  made  by  the  Ar- 
kansas Railroad  Commission  cannot  be  removed  to  a 
United  States  court.  The  district  judge  said:  "After 
a  most  careful  and  patient  investigation  of  a  wide  range 
of  authorities,  I  have  reached  the  conclusion  that  the 
action,  while  civil  in  form,  is  in  its  nature  crim- 
inal." Arkansas  &  St.  Louis  &  S.  F.  R.  Co.  (1909), 
173  Fed.  Eep.  572. 

Construction — Penal  sections  strictly  construed.  Clark 
V.  American  Express  Co.  (1906),  130  Iowa,  254,  106 
N.  W.  Rep.  642. 

Penalty  and  damages.  In  South  Carolina  a  claim  for 
damages  and  a  claim  for  the  statutory  penalty  for  fail- 
ing to  adjust  a  claim  for  lost  freight  may  be  united  in 
the  same  suit.  Jenkins  v.  Atlantic  Coast  Line  R.  Co. 
(1909),  84  S.  C.  343,  66  S.  E.  Rep.  409. 

Penalties  in  form  of  damages.  A  legislature  may 
increase  the  damages  recoverable  by  a  shipper  from  -a 
common  carrier  beyond  the  limits  of  the  common  law. 
Cram  v.  Chicago,  B.  &  Q.  R.  Co.  (1909),  85  Neb.  586, 
123  N.  W.  Rep.  1045. 

Injured  party  only  can  question  constitutionality  of 
statute.  The  constitutionality  of  a  statute  cannot  be 
successfully  attacked  by  one  who  does  not  prove  that  he 
has  been  injured  by  it.  Thus  when  a  railroad  is  sued 
for  a  statutory  penalty  of  $10  per  hour  for  delay  in  a 
shipment  of  cattle,  it  must  affirmatively  prove  that  the 
amount  of  the  penalty  exceeds  the  amount  of  actual 
damage  suffered  by  the  shipper  before  it  can  question 
the  constitutionality  of  the  statute.  Dean,  J.,  in  Cram 
V.  Chicago,  B.  &  Q.  Ry.  Co.  (1909),  85  Neb.  586,  123 
N.  W.  Rep.  1045. 

Penalty  for  overcharge.  A  shipper  may  recover  the 
statutory  penalty  for  overcharge  on  each  shipment  of 
freight  made  by  him  for  which  an  overcharge  was  made. 
Texarkana  &  Ft.  Scott  Ry.  Co.  v.  Sabine  Tram  Co. 
(1910),  —  Tex.  Civ.  App.  —  129  S.  W.  Rep.  198. 

When  schedules  enjoined.  The  courts  will  enjoin  the 
enforcement  of  an  interstate  rate  schedule  only  when  the 
commission  has,  in  making  the  rate,  transcended  its 
power  or  exercised  its  power  without  due  regard  to  law. 


Philadelphia  &   Reading  Ry.   Co.   v.   Interstate   Col^ 
merce  Commission  (1909),  174  Fed.  Eep.  687. 

Mistake  mitigation.  An  overcharge  by  a  railroad, 
knowingly  made,  makes  the  railroad  liable  for  the  statu- 
tory penalty.  Evidence  that  the  overcharge  is  the  result 
of  a  mistake  goes  only  in  mitigation  of  the  penalty. 
St.  Louis,  I.  M.  &  S.  Ry.   Co.  v.   Waldrop    (1909), 

—  Ark.  — ,  123  S.  W.  Rep.  778. 

Penalties  held  excessive.  Statute  held  unconstitu- 
tional on  the  ground  that  the  penalties  for  its  violation 
are  excessive.    Coal  &  Coke  Ry.  Co.  v.  Conley  (1910), 

—  W.  Va.  — ,  67  S.  E.  Rep.  613,  645. 

Statutory  proceeding  to  enforce  penalties.  In  a  pro- 
ceeding to  enforce  payment  of  a  penalty  for  disobedience 
of  the  order  of  a  railroad  commission  the  statute  must 
be  strictly  followed.  St.  Louis  &  8.  F.  R.  Co.  v.  State 
(1910),  —  Okla.  — ,  107  Pac.  Eep.  929. 


Section  Ten. 


S 


Penalties  for  violation  of  act.  Any  carrier  or  person 
acting  for  it  who  shall  wilfully  do  or  cause,  suffer  or 
permit  to  be  done  any  act  prohibited  or  declared  unlaw- 
ful, or  who  shall  aid  or  abet,  wilfully  omit  or  fail  to  do 
any  act  in  this  act  required  to  be  done,  or  shall  cause  or 
wilfully  suffer  or  pennit  any  act  required  by  this  act  to 
be  done  not  to  be  done,  or  shall  aid  or  abet  any  such 
omission  or  failure,  or  shall  be  guilty  of  any  infraction 
of  this  act,  or  shall  aid  or  abet  therein,  shall  be  guilty  of 
misdemeanor  and  be  subject  to  a  fine  not  exceeding 
$5,000  for  each  offense.  If  offense  consists  in  unlawful 
discrimination  in  rates,  fares  or  charges  it  is  punisha,ble 
by  fine  or  imprisonment  in  penitentiary  not  exceeding 
two  years,  or  both  fine  and  imprisonment. 

False  billing,  false  classification,  etc.,  or  other  devices 
or  means  for  transportation  of  property  at  less  than 
established  rate  punishable  by  fine  or  imprisonment  or 
both  fine  and  imprisonment. 

To  induce  any  carrier  or  its  officers,  etc.,  to  unjustly 
discriminate  or  aid  or  abet  in  unjust  discrimination  is  a 
misdemeanor  and  punishable  by  fine  or  imprisonment, 
or  both.  Such  persons,  etc.,  together  with  such  common 
carrier,  jointly  liable  to  person  discriminated  against 
for  all  damages.  Ante,  p.  134.  Amendment  as  to  im- 
prisonment for  discriminating  under  Elkins  law. 
Ante,  p.  .  . .  Corporations  may  nnw  be  prosecuted  undei* 
Elkins  law.  Ante,  p.—  .  Elkins  law  Ante,V-  —,  makes  a 
departure  from  published  tariff,  or  an  offer  or  request 
for  such  departure,  a  crime  regardless  of  actual  dis- 
crimination. 

Mandamus  to  enforce  compliance  with  interstate  com- 
merce act — Effect  of  agreement.  An  arrangement  be- 
tween an  interstate  railroad  company  and  coal  shipper? 
in  a  certain  field,  fixing  a  basis  which  should  be  consid- 
ered equitable  for  the  distribution  of  cars  between  such 
shippers,  does  not  operate  to  relieve  the  railroad  com- 
pany for  the  obligation  imposed  on  it  by  section  three 
of  the  interstate  act  of  February  4,  1887,  to  treat  ship- 
pers without  discrimination,  nor  does  it  deprive  one  of 
such  shippers  of  the  right  to  maintain  a  proceeding  in 
a  federal  court  for  a  writ  of  mandamus  under  the 
amendatory  act  of  March  2,  1889,  to  compel  the  com- 
pany to  furnish  to  relator  its  equitable  proportion  of 
cars,  upon  allegation  that  the  basis  of  distribution  fixed 
by  the  agreement  was  equitable  and  that  thq  defendant 
hns  refused  to  observe  it,  but  has  discriminated  in  favor 
of  other  shippers;  the  agreement  being,  in  fact,  in  aid 


Digest  of  Decisions 


157 


of  the  act  by  fixing  as  between  the  parties  what  should 
be  considered  and  accepted  as  a  compliance  with  its  re- 
quirements. United  States  v.  Norfolk  &  W.  Ry.  Co., 
143  Fed.  266,  C.  C.  A.,  44,  Am.  &  Eng.  E.  Cas.  N.  S. 
207. 

Established  rates  binding  on  both  carrier,  and  shipper 
— State  law  must  yield  if  in  conflict.  A  ratejyas  fixed  by 
a  carrier  in  a  bill  of  lading  for  an  interstate  shipment 
which  was  less  than  that  established  under  the  provi- 
sions of  the  act  to  regulate  commerce.  On  arrival  of 
the  goods  at  destination  the  carrier  refused  to  deliver  on 
tender  of  payment  of  tte  bill  of  lading  rate,  and  de- 
manded payment  of  and  collected  the  higher  established 
schedule  rate.  For  so  doing  the  carrier  was  proceeded 
against  under  a  statute  of  the  State  of  Texas,  imposing 
a  penalty  upon  a  carrier  for  charging  more  than  the 
rate  fixed  in  a  bill  of  lading.  A  judgment  of  the  State 
court  enforcing  the  penalty  was  reversed,  upon  the 
ground  that  the  State  statute,  as  applied,  was  repugnant 
to  the  act  to  regulate  commerce,  the  court  saying 
{p.  102) :  "The  carrier  cannot  obey  one  statute  with- 
out sometimes  exposing  itself  to  the  penalties  prescribed 
by  the  other.  Take  the  case  before  us.  If,  in  disregard 
of  the  joint  tariff'  established  by  the  defendant  and  the 
St.  Louis  &  San  Francisco  Railway  Company  and  filed 
with  the  Interstate  Commerce  Commission  the  latter 
company,  as  a  matter  of  favoritism,  had  issued  this  bill 
of  lading  at  a  rate  less  than  the  tariff  rate,  both  the  de- 
fendant company  and  its  agent  would,  by  delivering  the 
goods  upon  the  receipt  of  only  such  reduced  rates,  sub- 
ject themselves  to  the  penalties  of  the  national  law, 
while,  on  the  other  hand,  if  the  tariff  rate  was  insisted 
upon,  then  the  corporation  would  become  liable  for  the 
damages  named  in  the  State  act.  In  case  of  such  a  con- 
flict the  State  law  must  yield."  Railway  v.  Hefley,  158 
U.  S.  98. 

Same.  On  an  interstate  shipment  a  given  rate,  less 
than  the  lawful  schedule  rate,  was  quoted  to  the  shipper 
by  the  agent  of  the  railroad  at  the  point  of  shipment. 
On  the  arrival  of  the  goods  at  their  destination  the  road 
exacted  the  schedule  rate.  The  shipper  insisted  he  was 
entitled  to  the  lower  and  quoted  rate.  A  recovery  of 
the  excess  collected  over  the  quoted  rate  was  allowed  by 
a  court  of  the  State  of  Texas.  Reversing  the  judgment, 
it  was  held  that  the  rate  fixed  in  the  schedule  filed  pur- 
suant to  the  act  to  regulate  commerce  was  controlling, 
that  it  was  beyond  the  power  of  the  carrier  to  depart 
from  such  rates  in  favor  of  any  shipper,  and  that  the 
erroneous  quotation  of  rates  made  by  the  agent  of  the 
railroad  did  not  justify  recovery,  since  to  do  so  would 
be  in  effect  enabling  the  shipper,  whose  duty  it  was  to 
ascertain  the  published  rate,  to  secure  a  preference  over 
shippers,  contrary  to  the  act  to  regulate  commerce.  Tex. 
<f-  Pac.  Ry.  Co.  v.  Mugg,  202  U.  S.  242.  See  also  Tex. 
i&  Pac.  Ry.  V.  Abilene  C.  0.  Co.,  204  U.  S.  426.    ' 

Carrier  may  repudiate  illegal  contract.  When  the 
agent  of  a  railroad  sells  a  ticket  in  violation  of  the 
interstate  commerce  act,  the  railroad  is  not  answerable 
in  damages  for  refusing  to  honor  it.  If  the  railroad 
demands  full  fare  after  refusing  the  ticket  and  the 
passenger  refuses  to  pay  it  may  eject  the  passenger  from 
the  train  without  incurring  any  liability  for  so  doing. 
Melody  v.  Great  Northern  Ry.  Co.  (1910),  —  So.  Dak. 
— ,  127  N.  W.  Rep.  543. 

Indictment — Section  ten.  The  statute  provides  for 
the  indictment  not  only  of  the  carrier,  but  also  of  the 
officers  individually  where  the  carrier  itself  is  a  corpora- 


tion, so  that  in  such  case  both  are  indictable.  The  agree- 
ment for  the  division  of -traffic  need  not  necessarily  be 
reduced  to  writing  in  order  to  constitute  an  offense. 
Any  arrangement,  oral  or  otherwise,  or  combination, 
which  has  for  its  purpose  and  eventuates  in  the  pool- 
ing of  freights  of  different  and  competing  railroads, 
comes  within  the  inhibition  of  the  act  to  regulate  com- 
merce.   In  re  Pooling  Freights,  115  Fed.  588. 

Imprisonment — Conspiracy  against  the  United  States 
— What  constitutes  conspiracy — Section  ten.  "Under 
section  5440,  Rev.  Stat.,  a  conspiracy  to  commit  any 
offense  against  the  United  States  is  punishable  by  a  fine 
of  not  less  than  $1,000  or  more  than  $10,000,  and  im- 
prisonment for  not  more  than  two  years.  Upon  this  he 
contended  that  a  conspiracy  to  commit  an  offense  cannot 
be  punished  more  severely  than  the  offense  itself,  and 
also  when  the  principal  offense  is  in  fact  committed,  the 
mere  conspiracy  is  merged  into  it.  The  language  of  the 
section  is  plain  and  not  open  to  doubt.  A  conspiracy  to 
commit  an  offense  is  denounced  as  itself  a  separate 
offense,  and  the  punishment  thereof  fixed  by  the  statute. 

Existing  contracts  for  free  transportation.  In  1871 
the  Louisville  &  Nashville  Railroad  company  settled  a 
claim  against  it  for  personal  injuries  by  agreeing  to 
issue  annual  passes  to  the  claimant  as  long  as  he  lived. 
After  the  passage  of  the  interstate  commerce  act  it  re- 
fused to  issue  any  further  passes  to  claimant.  Held 
that  the  railroad  could  not  be  forced  to  perform  its 
contract.  Louisville  &  Nashville  R.  Co.  v.  Mottley 
(1910),  219  U.  S.  467,  31  Sup.  Ct.  Rep.  265,  —  L.  Ed. 
— ,  reversing  133  Ky.  652,  118  S.  W.  Rep.  982. 

Personal  injury  claim  cannot  be  settled  with  a  free 
pass.  An  interstate  carrier  cannot  issue  transportation 
in  settlement  of  a  personal  injury  claim.  Louisville  & 
Nashville  R.  Co.  v.  Mottley  (1910),  219  U.  S.  467,  31 
Sup.  Ct.  Rep.  265,  —  L.  Ed.  — ,  reversing  133  Ky. 
652,  118  S.  W.  Rep.  982. 

Contracts  abrogated  by  interstate  commerce  act. 
Where  a  carrier  makes  a  contract  in  violation  of  the 
interstate  commerce  act,  it  is  not  under  obligation  to 
perform  it.  A  railroad  may  eject  a  passenger  who  re- 
fuses to  pay  fare  and  tenders  a  ticket  that  has  been 
issued  by  the  railroad  in  violation  of  the  interstate 
commerce  act.  Melody  v.  Great  Northern  Ry.  Co. 
(1910),  —  S.  D.  — ,  127  N.  W.  Rep.  543. 

Charter  exemption  from  liability.  A  provision  in  a 
railroad  charter  exempting  the  railroad  from  liability 
for  death  caused  by  its  negligence  must  yield  to  the 
provisions  of  a  statute  making  the  railroad  liable  for 
causing  such  death.  "A  legislature  can  neither  bargain 
away  the  police  power,  nor  in  any  way  withdraw  from 
its  successors  the  power  to  take  appropriate  measures 
to  guard  the  safety,  health,  and  morals  of  all  who  may 
be  within  their  jurisdiction."  Texas  &  N .  0.  R.  Co. 
V.  Miller,  (1910),  —  U.  S.  — ,  31  Sup.  Ct.  Rep.  534. 
—  L.  Ed.  — ,  affirming  —  Tex.  Civ.  App.  — ,  128  S. 
W.  Rep.  1165. 

Contract  for  palace  car  for  horses.  Carrier  liable  for 
failing  to  furnish  an  Arms  palace  car  for  shipment  of 
horses,  as  per  contract,  although  the  shipper  permits  his 
stock  to  be  carried  in  an  inferior  car.  Louisville  &  Nr 
Ry.  Co.  V.  J.  J.  Rash  &  Co.  (1910),  —  Ky.  — ,  132  S. 
W.  Rep.  553. 

Shipper's  stipulation  for  special  facilities.  A  shipper 
cannot  make  a  valid  contract  with  a  common  carrier  that 
special  facilities  shall  be  furnished  for  the  carriage  of 
his  stock,  which  are  not  provided  for  in  the  interstate 


158 


National  Associatiox  of  Railway  Commissioners 


tariff.     Winn   v.   American   Express   Co.    (1910),  — 
Iowa.  — ,  125  N.  W.  Eep.  663. 

Conspiracy.  Whatever  may  be  thought  of  the  wis- 
dom or  propriety  of  a  statute  making  a  conspiracy  to 
do  an  act  punishable  more  severely  than  the  doing  of 
the  act  itself,  it  is  a  matter  to  be  considered  solely  bv 
the  legislative  body.  CaJlan  v.  Wilson,  127  U.  S.  "540, 
555.  The  power  exists  to  separate  the  conspiracy  from 
the  act  itself  and  to  affix  distinct  and  independent 
penalties  to  each.  Clum  v.  United  States,  159  IT. 
S.  595.  A  combination  to  induce  and  procure  the 
officers  of  a  common  carrier  corporation  subject  to  the 
provision  of  the  interstate  commerce  act  and  its  loco- 
motives, engineers,  to  refuse  to  receive,  handle  and  haul 
interstate  freight  from  another  like  common  carrier  in 
order  to  injure  the  latter  is  a  combination  or  a  con- 
spiracy to  commit  the  misdemeanor  described  by  section 
10  of  the  interstate  commerce  act,  and  if  any  person 
engaged  in  it  does  an  act  in  furtherance  thereof,  all 
combining  for  the  purpose  are  guilty  of  -criminal  con- 
spiracy as  denounced  liy  section  5440,  IT.  S.  Rev.  Stat., 
which  provides  that  if  two  or  more  persons  copspire — 
to  commit  any  offense  against  the  United  States — and 
one  or  more  parties  do  anything  to  effect  the  object  of 
the  conspiracy,  all  the  parties  to  such  conspiracy  shall 
be  liable  to  a  penalty  of  not  more  than  $10,000,  or 
to  imprisonment  for  not  more  than  two  years,  or  to 
both  fine  and  imprisonment  in  the  discretion  of  the 
court.  Toledo,  etc.,  R.  Co.  v.  Pennsylvania  Co.,  54  Fed. 
730. 

Carriers  — •  Discrimination  against  shipper  —  Indict- 
ment for  failure  to  furnish  cars.  An  indictment  against 
a  railroad  company  based  on  the  interstate  commerce 
act,  which  charges  generally  that  defendant  did  know- 
ingly and  unlawfully  grant,  give,  and  practice  an  un- 
reasonable and  unjust  discrimination  in  respect  of  the 
transportation  of  property  in  interstate  commerce,  by 
failing  and  refusing  to  grant,  give,  and  furnish  to  a  par- 
ticular coal  company  its  proper  and  rightful  share  and 
quota  of  cars  and  motive  power,  which  it  was  justly  and 
of  right  entitled  to  receive  from  said  defendant,  and  by 
granting,  giving,  and  furnishing  to  certain  other  coal 
companies  and  other  persons,  firms,  and  corporations 
more  than  their  respective  shares  and  quota  of  cars,  and 
motive  power,  to  the  undue  and  unreasonable  prejudice 
and  disadvantage  of  the  first  named  company,  does  not 
allege  a  violation  of  that  part  of  the  section  relating  to 
the  giving  of  an  undue  or  an  unreasonable  preference 
or  advantage  to  any  particular  person,  company,  or  lo- 
cality, or  to  any  particular  description  or  traffic;  nor 
does  it  sufficiently  charge  that  defendant  subjected  any 
particular  company  or  any  particular  description  of 
traffic  to  any  undue  or  unreasonable  prejudice  or  dis- 
advantage, where  it  alleges  no  facts  showing  the  rightful 
share  or  quota  of  cars  and  motive  power  to  which  the 
coal  company  charged  to  have  been  so  prejudiced  was 
entitled,  or  that  such  company  at  the  time  charged  was 
prepared  to  make  shipments  and  tendered  the  same  and 
made  demand  for  cars  and  motive  power  for  their 
transportation  in  interstate  commerce.  United  States  v. 
Baltimore  &  0.  R.  Co.,  153  Fed.  Rep.  997. 

Refiisal  to  maJce  switch  connections.  The  provisions 
of  the  interstate  commerce  act,  making  it  unlawful  for 
any  common  carrier  engaged  in  interstate  commerce  to 
give  any  undue  or  unreasonable  preference  or  advantage 
to  any  particular  shipper,  or  to  subject  any  particulai 
shipper  to  any  undue  or  unreasonable  prejudice  or  dis- 


advantage in  any  respect  whatever,  if  construed  to  apply 
to  the  affording  of  facilities  for  shipments,  do  not  sub- 
ject a  railroad  company  to  indictment  under  section  10 
of  the  act  for  its  failure  or  refusal  to  furnish  switch 
connections  to  a  shipijer  tendering  interstate  traffic  for 
transportation,  although  such  connections  are  furnished 
to  other  shippers,  where  the  indictment  does  not  charge 
that  those  demanded  are  reasonably  practicable  and 
could  be  put  in  with  safety  and  would  furnish  sufficient 
business  to  justify  the  expense  of  their  construction  and 
maintenance,  nor  that  the  person  or  company  asking  for 
the  same  offered  to  pay  such  portion  of  their  cost  as  is 
usual  and  reasonable.  United  States  v.  Baltimore  &  0 
R.  Co.  et  al.,  153  Fed.  Eep.,  p.  997.  f^or  discussion  of 
duties  and  liabilities  of  carriers  as  to  furnishing  fa- 
cilities for  transportation,  see  note  to  Harp  v.  Choctaw 
0.  &  G.  R.  Co.,  61  C.  C.  A.  414.] 

Indictment — Description  of  offense — Using  language 
of  statute.  While  the  offense  may  be  set  forth  in  an 
indictment  in  the  general  language  of  the  statute,  it 
must  be  accompanied  by  a  statement  of  all  the  particu- 
lars necessary  to  show  the  commission  of  the  crime  with- 
out uncertainty  or  ambiguity.  United  States  v.  Balti- 
more &  0.  R.  Co.  et  al.,  153  Fed.  Rep.  997;  cases  cited: 
Evans  v.  United  States,  153  U.  S.  581,  14  Sup.  Ct.  934; 
United  States  v.  Simmons,  96  TT.  S.  360;  Potter  v 
United  States,  155  TJ.  S.  438,  15  Sup.  Ct.  144;  United 
States  V.  Benson,  70  Fed.  591,  17  C.  C.  A.  293;  Petes  v. 
United  States,  94  Fed.  127,  36  C.  C.  A.  105 ;  Jackson  v. 
State,  91  Wis.  261,  64  N.  W.  838;  Cruickshank  Case, 
93  U.  S.  542,  557,  23  L.  Ed.  538. 

Section  Eleven. 

Creation  of  Interstate  Commerce  Commission.  [See 
section  24,  post,  enlarging  commission  and  increasing 
salaries.] 

Commissioners  to  be  appointed  by  the  president  and 
may  be  removed  by  him  for  inefficiency,  neglect  of  dutv 
or  malfeasance  in  office. 

No  person  in  the  employ  of  or  holding  any  official 
relation  to  any  common  carrier  subject  to  the  provisions 
of  the  act,  or  owning  any  stock  or  bonds  thereof,  or  who 
is  in  any  manner  pecuniarily  interested  therein,  shall 
hold  office. 

Commissioners  not  to  engage  in  any  other  business, 
vocation  or  employment. 

Interstate  Commerce  Commission — Legal  capacity. 
The  Interstate  Commerce  Commission  is  a  body  corpo- 
rated  with  legal  capacity  to  be  a  party  plaintiff,  or  de- 
fendant in  the  federal  courts.  Texas  Pacific  Ry.  Co.j^ 
Interstate  Commerce  Commission,  162  U.  S.  204.      ^M\ 

Limit  to  appointing  power.  A  governor  cannot  ^? 
point  a  railroad  commissioner  for  a  term  of  office  to  be- 
gin after  his  own  term  of  office  has  expired.  On  Jan- 
uary 4,  1909 — five  days  before  his  term  as  governor 
expired — Governor  Harris  of  Ohio  appointed  James  C. 
Morris,  railroad  commissioner  for  a  term  of  six  years, 
to  begin  on  the  first  Monday  of  February,  1909.  Held 
that  tlie  appointment  was  a  nullitv.  State  v.  Sulliran 
(1909),  81  Ohio  St.  79,  90  N.  E.  Rep.  146. 

Pay  of  commissioners.  Where  railroad  commissioners 
are  paid  by  the  day,  a  fraction  of  a  day  is  to  be  counted 
as- a  whole  day.  State  v.  Howard  (1909),  83  Vt.  6,  74 
Atl.  Rep.  392,  399. 

Interstate  Commerce  Commission — Scope  of  powers. 
Witnesses  cannot  be  required  to  testify  before  the  com- 
mission except  in  connection  with  complaint  for  viola- 


Digest  of  Dkcisioxs 


159 


tion  of  the  act  or  with  tlie  investigation  by  the  commis- 
sion of  subjects  that  might  have  been  made  the  object 
of  complaint,  these  being  the  only  matters  contemplated 
by  the  provision  of  section  12  of  that  act,  giving  the 
commission  power  to  require  testimony  "for  the  purposes 
of  this  act,"  which  power  cannot  be  exercised  by  the 
commission  in  performing  its  duty  under  'that  section 
to  keep  itself  informed  as  to  the  manner  and  method  in 
which  the  business  of  common  carriers  is  conducted,  nor 
in  connection  with  the  enforcement  of  the  requirement 
of  section  20  respecting  reports  by  carriers,  nor  to  aid 
the  commission  in  recommending,  pursuant  to  section 
21,  additional  legislation  to  congress.  Ilarriman  v. 
Inter.  Com.  Comm.,  211  U.  S.  407. 

Local  authorities  .tuhordinate  to  New  York  commis- 
sion. A  city  council  has  no  power  to  require  a  street, 
railway  to  run  its  cars  on  a  schedule  different  from  that 
fixed  bv  the  New  York  Public  Service  Commission. 
City  of  Troy  v.  United  Traction  Co.  (1909),  119  N.  Y. 
Supp.  474,  134  App.  Div.  (N.  Y.)  756. 

Section  Twelve. 

Powers  and  duties  of  commission.  Commission  shall 
have  authority  to  inquire  into  the  management  of  all 
common  carriers  subject  to  the  act,  and  shall  keep  itself 
informed  as  to  manner  and  method  same  is  conducted ; 
have  right  to  obtain  from  such  carriers  full  and  com- 
plete information  necessary  to  enable  it  to  perform  the 
duties  and  carry  out  the  object  for  which  it  was  created. 

Shall  be  the  duty  of  any  district  attorney  of  the 
United  States  to  whom  the  commission  shall  apply,  to 
institute  and  prosecute,  under  direction  of  the  attorney- 
general  of  the  United  States,  all  necessary  proceedings 
for  enforcement  of  provisions  of  the  act  and  punishment 
of  violations  thereof. 

Commission  shall  liave  power  to  require  by  subpoena 
the  attendance  and  testimony  of  witnesses  and  the  pro- 
duction of  all  books,  papers,  tariffs,  contracts,  agree- 
ments and  documents  relating  to  any  matter  under  in- 
vestigation. 

In  case  of  disobedience  to  subpoena  the  commissiim 
may  invoke  the  aid  of  any  court  of  the  United  States  in 
requiring  attendance  and  production  of  books,  etc. 

Any  Circuit  Court  of  the  United  States  within  juris- 
diction of  inquiry,  in  case  of  continuancy  or  refusal  to 
obey  subpoena  issued  to  carrier  or  other  person,  may 
issue  an  order  requiring  carrier  or  other  person  to  ap- 
pear before  the  commission  (and  produce  books,  etc.) 
and  give  evidence.  Failure  to  obey  order  to  be  punished 
by  such  court  as  contempt. 

Claim  that  such  testimony  or  evidence  will  tend  to 
criminate  shall  not  excuse  such  witnesses;  but  such  evi- 
dence shall  not  be  used  against  such  person  in  any 
criminal  proceedings. 

[See  act  defining  immunity  approved  June  30,  1906.1 

Deposition  can  be  taken  of  any  witness,  at  the  in- 
stance of  any  party  to  any  proceeding  or  investigation, 
at  any  time  after  issue  is  formed  on  petition  and  an- 
swer. The  commission  may  order  deposition  at  any 
stage  of  the  proceeding  or  investigation. 

Any  person  may  be  compelled  to  appear  and  depose, 
and  produce  documentary  evidence  in  same  manner  as 
witnesses  are  compelled  to  appear  and  testify  before 
commission  hereinbefore  provided. 

Power  of  commission.  The  commission  is  endowed 
with  plenary  administrative  power  to  supervise  the  con- 
duct of  carriers,  to  inveatigate  their  affairs,  their  ac- 


counts, and  their  methods  of  dealings,  and  generally  to 
enforce  the  provisions  of  the  act.  It  has  power  to  take 
cognizance  of  a  complaint  concerning  violations  of  the 
act,  to  investigate  the  same,  and,  if  the  complaint  is 
well  founded,  to  direct  not  only  the  making  of  repara- 
tion to  the  injured  persons,  but  to  order  the  carrier  to 
desist  in  such  violations  in  the  future.  In  the  event  of 
a  failure  of  a  carrier  to  obey  the  order  of  the  commis- 
sion, that  body,  or  the  party  in  wliose  favor  an  award 
of  reparation  is  made,  is  empowered  to  cause  compli- 
ance by  invoking  the  authority  of  the  courts  of  the 
United  States  in  the  manner  pointed  out  in  the  statute, 
prima  facie  effect  in  such  courts  being  given  to  the  find- 
ings of  fact  made  by  the  commission.  Tex.  &  Pac.  Ry. 
Co.  V.  Abilene  C.  0.  Co.,  204  U.  S.  426. 

Section  Thirteen. 

Complaint  by  individuals,  societies,  etc.  Any  person, 
firm,  association  or  society,  or  any  body  politic  or  mu- 
nicipal organization  complaining  of  anything  done  or 
omitted  to  he  done  by  any  carrier  subject  to  this  act  in 
contravention  of  the  provisions  thereof,  may  apply  to 
commission  by  petition,  briefly  stating  the  facts.  Such 
charges  shall  be  forwarded  by  commission  to  such  car- 
rier, who  shall  be  called  upon  to  satisfy  the  comp'aint 
or  answer  in  writing  within  time  specified  by  com- 
mission. 

If  such  carrier  fails  to  satisfy  said  complaint  within 
time  specified  or  there  appear  to  be  reasonable  grounds, 
it  shall  be  the  duty  of  the  commission  to  investigate  the 
matter  complained  of. 

Commission  shall  in  like  manner  investigate  any  com- 
plaint forwarded  by  the  railroad  commission  of  any 
State  or  Territory,  and  may  institute  any  inquiry  on 
its  own  motion  in  same  manner  and  effect  as  if  com- 
plaint had  been  made. 

No  complaint  shall  be  dismissed  because  of  absence 
of  direct  damage  to  complainant. 

Statutory  remedies  strictly  pursued.  Where  the  stat- 
ute provides  that  a  railroad  commission  shall  order  x 
switch  connection  upon  complaint  of  a  "shipper,"  it  has 
no  power  to  order  such  connection  upon  complaint  of 
another  railroad.  Interstate  Commerce  Commission  v. 
Delaware,  Lackawanna  &  'Western  R.  R.  (1910),  216' ■ 
U.  S.  531,  30  Sup.  Ct.  Eep.  415.  Same  case  below, 
166  Fed.  Rep.  498,  14  I.  C.  C.  Rep.  191.  The  Supreme 
Court,  after  quoting  the  section  of  the  interstate  com- 
merce act,  said:  "The  statute  creates  a  new  right  not 
existing  outside  of  it.  Wisconsin,  Minnesota  &  Pacific 
Railroad  Co.  v.  Jacobson,  179  U.  S.  287,  296.  It  is 
plain  from  the  provisions  of  the  act,  the  history  of  the 
amendments  and  justice,  that  the  object  was  not  to 
give  a  roving  commission  to  every  road  that  might  see 
fit  to  make  a  descent  upon  a  main  lincj  but  primarily, 
at  least,  to  provide  for  shippers  seeking  an  outlet  either 
by  a  private  road  or  a  branch.  The  remedy  given  by 
the  section  creating  the  right  is  given  only  on  complaint 
by  the  shipper.  We  are  of  opinion  that  the  remedy  is 
exclusive,  on  familiar  principles,  and  that  the  general 
powers  given  by  other  sections  cannot  be  taken  to  au- 
thorize a  complaint  to  the  commission  by  a  branch  rail- 
road company  under  section  1.     ...     .     ." 

Original  jurisdiction  of  commission  in  matter  of 
maintaining  uniformity  of  rates.  There  is  not  only  a 
relation,  but  an  indissoluble  unity  between  the  provision 
for  the  establishment  and  maintenance  ot  rates  until 


160 


National  Associatiox  of  Railway  Commissioners 


corrected  in  accordance  with  the  statute  and  the  prohi- 
bitions against  preferences  and  discrimination.  Unless 
the  requirement  of  a  uniform  standard  of  rates  be  com- 
plied with,  it  would  result  that  violations  of  the  statute 
as  to  preference  and  discrimination  would  inevitably 
follow.  If  the  standard  of  rates  fixed  in  the  mode  pro- 
vided by  the  statute  could  be  treated  on  the  complaint 
of  a  shipper  by  a  court  and  jury  as  unreasonable,  with- 
out reference  to  prior  action  by  the  commission,  find- 
ing the  established  rate  was  unreasonable  and  ordering 
the  carrier  to  desist  in  the  future  from  violating  the  act, 
then  a  shipper  might  obtain  relief  upon  the  basis  that 
the  establislied  rate  was  unreasonable,  in  the  opinion  of 
the  court  and  jury,  and  thus  such  shipper  would  receive 
a  preference  or  discrimination  not  enjoyed  by  those 
against  whom  the  schedule  of  rates  was  continued  to  be 
enforced. 

If,  without  previous  action  by  the  commission,  power 
might  be  exerted  by  courts  and  juries  generally  to  de- 
termine the  reasonableness  of  an  established  rate,  it 
would  follow  that  unless  all  courts  reached  an  identical 
conclusion  a  uniform  standard  of  rates  in  the  future 
would  be  impossible,  as  the  standard  would  fluctuate 
and  vary,  dependent  upon  the  divergent  conclusions 
reached  as  to  reasonableness  by  the  various  courts  called 
upon  to  consider  the  subject  as  an  original  question. 
The  existence  of  such  a  power  in  the  courts,  independ- 
ent of  prior  action  by  the  commission,  would  lead  to 
favoritism,  to  the  enforcement  of  one  rate  in  one  juris- 
diction, and  a  different  one  in  another,  would  destroy 
the  prohibitions  against  preference  and  discrimination, 
and  afford  a  ready  means  by  which,  through  collusive 
proceedings,  the  wrongs  which  the  statute  was  intended 
to  remedy  could  be  successfully  inflicted.  There  was  no 
reason  for  the  enactment  of  the  provision  endowing  the 
administrative  tribunal  with  power  not  only  to  award 
reparation  to  a  particular  shipper,  but  to  command  the 
carrier  to  desist  from  violation  of  the  act  in  the  future, 
thus  compelling  the  alteration  of  the  old  or  the  filing  of 
a  new  schedule,  conformably  to  the  action  of  the  com- 
mission, if  the  power  was  left  in  courts  to  grant  relief 
on  complaint  of  any  shipper,  upon  the  theory  that  the 
established  rate  could  be  disregarded  and  be  treated  as 
unreasonable,  without  reference  to  previous  action  by 
the  commission  in  the  premises.  Texas  &  P.  B.  R.  Co. 
V.  Abilene  Cotton  Oil  Co.,  204  U.  S.  436. 

Section  Fourteen. 

Commission  to  report  conclusions,  orders,  and  finding 
of  facts.  Duty  of  commission  to  make  report  stating 
its  conclusions,  together  with  its  decisions,  order,  or 
requirement  in  the  premises,  and  in  case  damages  are 
awarded  such  report  shall  include  findings  of  fact  on 
which  award  is  made. 

All  reports  of  commission  shall  be  made  of  record, 
and  a  copy  thereof  furnished  complainant  and  common 
carrier. 

Commission  may  provide  for  publication  of  its  re- 
ports and  decisions.  Such  authorized  publication  shall 
be  competent  evidence  of  the  reports  and  decisions  of 
the  commission. 

Orders— Burden  of  proof.  When  the  Interstate  Com- 
merce Commission  finds  that  a  reclassification  is  un- 
justifiable, the  burden  is  on  the  railroad  proceeded 
against,  in  a  suit  by  the  commission  to  restrain  the  en- 
forcement of  such  classification,  to  sliow  that  the  facts 
on   which   the  commission   acted   were  not  as   found. 


Interstate  Commerce  Commission  v.  Cincinnati  R.  Co. 
146  Fed.  559.  [Decided  prior  to  the  amendment  o: 
June  29,  1906.] 

Prior  to  the  amendment  of  June  29,  1906,  sectioi 
14  provided  that  the  findings  of  the  commission  shoulc 
"thereafter,  in  all  judicial  proceedings,  be  deemed  primt 
facie  evidence  as  to  each  and  every  fact  found."  Bi 
virtue  of  this  provision  (which  is  omitted  from  thi 
amendment)  the  courts  followed  the  findings  of  the  com 
mission  upon  the  facts.  St.  L.  Hay  <&  Grain  Co.  v.  So 
Ry.  Co.,  149  Fed.  609  (affirmed  by  C.  C.  A.,  153  Fed 
728). 

Commission's  ruling  not  an  adjudication.  A  rulins 
by  a  railroad  commission  held  not  an  adjudication  s( 
as  to  bind  either  party  to  a  suit  by  a  shipper  agains 
the  railroad.  Southern  Railway  Co.  v.  Atlanta  Sand  <( 
Supply  Co.  (1910),  —  Ga.  — ,  68  S.  E.  Eep.  807. 

Unofficial  rulings.  Unofficial  rulings  of  the  Interstat 
Commerce  Commission  as  to  the  construction  of  federa 
statutes  made  in  response  to  private  inquiries  have  sligh 
effect  as  precedents.  Schuyler  v.  Southern  Pac.  Cc 
1910,  —  Utah,  — ,  109  Pac.  Rep.  458. 

No  appeal  fiom  findings  of  fact.  Findings  of  fact  b 
the  Interstate  Commerce  Commission  are  not  reviewabl 
upon  appeal.  Interstate  Commerce  CommisMon  v.  Dela 
ware,  L.  &  W.  R.  Co.  (1910),  —  U.  S.  —  31  Sup.  C< 
Rep.  392,  397,  reversing  166  Fed.  Rep.  499,  citinj 
Baltimore  &  Ohio  R.  Co.  v.  U.  S.  (1909),  215  U.  S 
481,  54  L.  Ed.  292,  30  Sup.  Ct.  Rep.  164. 

When  findings  insufficient.  Where  the  order  of  f 
railroad  commission  is  not  supported  by  tlie  evidence  o 
by  findings  by  the  commission  of  specific  facts,  it  will 
upon  appeal,  be  sent  back  to  the  commission  for  thi 
hearing  of  additional  evidence  and  the  making  of  find 
ings.  nine  v.  Wadlington  (1910),  —  Okl.  — ,  109  Pac 
Rep.  301.  Compare  State  Journal  Ptg.  Co.  v.  Madisoi 
Gas  &  Electric  Co.  (1910),  4  Wis.  Ry.  Com.  Rep.  501 

Section  Fifteen. 

Commission  to  prescribe  mamnum  rate  and  reason 
able  practice.  Commission  is  empowered  after  ful 
hearing  made  upon  complaint  as  provided  in  section  13 
or  complaint  of  any  common  carrier,  to  determine  an( 
prescribe  what  will  be  a  just  and  reasonable  rate  o 
charge  to  be  thereafter  observed  as  the  maximum  to  Ix 
charged;  s^nd  what  regulation  or  practice  in  respect  t( 
transportation  will  be  just  and  reasonable ;  and  to  inak( 
order  that  carrier  shall  not  charge  or  collect  any  ratt 
in  excess  of  that  prescribed.  Commission  may  prescribi 
time  and  period  of  taking  effect  of  order,  not  less  thai 
tliirty  days  or  more  than  two  years;  may  proportioi 
joint  rate;  may  establish  through  route  and  joint  rate. 

Shippers  rendering  service  or  furnishing  any  instru- 
mentality in  transportation  charges  shall  have  no  more 
than  just  and  reasonable  allowance  therefor,  and  npoii 
complaint,  commission  may  determine  the  reasonabb; 
charge  for  such  service,  and  fix  same  by  appropriate 
order. 

Enumeration  of  powers  in  this  section  not  exclusive 
of  any  other  power  commission  acquires  under  .u  t. 

Under  the  old  law  commission  had  no  power  to  pre- 
scribe rates — Decisions  modified  by  section  15  as 
amended  June  29,  1906.  Under  the  act  of  1887  and  its 
amendments  prior  to  June  29,  1906,  congress  did  not 
confer  upon  the  Interstate  Commerce  Commission  the 
legislative  power  to  prescribe  either  maximum,  mini- 
mum or  absolute.    Int.  Com.  Comm.  v.  Alabama  Mid- 


Digest  of  Decisions 


161 


land  Ry.,  168  U.  S.  144,  162;  Col.  F.  &  I.  Co.  v.  .<o. 
Pac.  Co.  et  al,  101  Fed.  779.  The  new  section  15,  as 
amended  June  29,  1906,  confers  upon  the  commission 
power  to  enforce  what  always  has  been  required  in  the 
statute,  namely,  just  and  reasonable  rates,  by  tlie  ap- 
plication of  a  new  remedy,  and  such  new  remedy  may 
be  applied  to  cases  pending  before  its  enactment.  ■  Cattle 
Raisers'  Assn.  of  Tex.  v,  M,  K.  &  T.  Ry.  <h).,  12  Int. 
Com.  Rep.  12. 

Rates — Reasonableness.  It  is  for  the  Interstate 
Commerce  Commission  to  determine,  in  the  first  in- 
stance, whether  a  regularly  established  rate  filed  with 
it  is  reasonable  or  not.  Great  Northern  Ry.  Co.  v. 
Loonan  Lhr.  Co.  (1910),  —  S.  D.  — ,  125  S.  W.  Rep. 
644,  645,  649,  citing  cases. 

Fixing  maxivium  rates  ministerial,  not  judicial  act. 
The  duties  of  the  Michigan  Railroad  Commission  to 
fix  maximum  rates  are  ministerial  and  not  judicial  and 
that  section  of  the  statute  which  gives  the  commission 
such  power  is  therefore  constitutional.  Michigati  Cen- 
tral R.  Co.  V.  Michigan  Railroad  Commission  (1910), 
—  Mich.  — ,  125  N.  W.  Rep.  549,  551,  citing  cases. 

Maximum  rates — The  State  never  barred  by  delay. 
Delay  and  acquiescence  do  not  bar  the  right  of  the  State 
to  proceed  against  a  railroad  to  restrain  it  from  con- 
tinuing to  violate  a  maximum  rate  statute.  In  State 
V.  Boston  &  Maine  R.  Co.  (1909),  75  N.  H.  327,  74 
Atl.  Rep.  543,  the  court  said :  "The  State  is  not  seek- 
ing relief  against  the  unauthorized  and  illegal  collec- 
tion of  freight  rates  by  the  defendants  back  in  1903, 
but  against  their  collecting  them  at  the  time  the  in- 
formation was  filed  and  continuing  to  do  so  in  the 
future.  The  groundwork  of  the  State's  claim  is  that 
the  defendants  at  the  time  of  filing  the  information  had 
demanded  and  received,  and  were  persisting  in  demand- 
ing and  receiving,  unauthorized  and  illegal  freight 
rates.  .  .  .  What  is  true  in  relation  to  the  conten- 
tion as  to  laches  is  equally  true  as  to  acquiescence  and 
waiver.  .  .  .  The  statute  which  the  defendants  are 
charged  with  violating  has  not  been  repealed,  and  noth- 
ing short  of  the  passage  of  an  act  by  the  legislature, 
either  expressly  or  by  implication  repealing  it,  could 
preclude  the  State  from  insisting  upon  its  enforcement 
in  respect  to  present  or  future  acts.     .     .     ." 

Through  routes.  Section  15  of  the  amended  act 
makes  it  the  duty  of  carriers  to  establish  through 
routes  and  just  and  reasonable  rates  therefor  and  in- 
vests the  commission  with  authority,  under  certain 
conditions,  to  put  in  operation  such  through  routes  and 
joint  rates  where  the  carriers  have  refused  to  do  so. 
Held  that  under  this  section  the  commission  is  author- 
ized, after  hearing  upon  a  complaint,  to  inquire  whether, 
in  the  interest  of  the  public,  the  through  route  asked  for 
ought  to  be  established.  Enterprise  Trans.  Co.  v. 
Penn.  R.  Co.,  12  I.  C.  C.  R.  226 

Maximum  rates — Unprofitable  bu.9iness.  Maximum 
rates  prescribed  by  the  Interstate  Commerce  Commis- 
sion to  be  just  and  reasonable  within  the  constitutional 
limitation,  must  have  reasonable  regard  for  the  cost  to 
the  carrier  of  the  service  rendered  and  the  value  of  the 
property  employed  therein,  and  also  reasonable  regard 
for  the  value  of  the  service  to  the  public;  and  where 
the  cost  to  the  carrier  is  not  kept  within  reasonable 
limits,  or  for  any  reason  its  business  cannot  reasonably 
be  so  conducted  as  to  render  it  profitable,  the  misfor- 
tune must  fall  upon  the  carrier.  Mo.  M.  K.  &  T.  Ry. 
Co.  V.  Inter.  Com.  Comm.,  164  Fed.  Rep.  645. 


Rates — Overcharge.  In  an  action  by  a  shipper  to 
recover  the  excess  of  freight  on  interstate  shipments, 
the  rates  charged  being  according  to  the  schedule  filed 
and  published  by  the  carrier,  pursuant  to  the  interstate 
commerce  act  and  its  amendments,  nothing  but  a  prior 
adjudication  by  the  Interstate  Commerce  Commission, 
that  such  rates  are  excessive  and  unreasonable,  will  jus- 
tify a  recovery.  Robinson  v.  B.  &  0.  Ry.  Co.,  63  Si  E. 
323. 

Excessive  street  railway  fare.  Action  against  a  street 
railway  to  recover  penalty  for  charging  excessive  fare. 
Enton  V.  Nassau  Elec.  Ry.  Co.  (1910),  124  N.  Y.  Supp. 
555. 

Interstate  Commerce  Commission — Validity  of  order. 
An  order  of  the  Interstate  Commerce  Commission  de- 
signed to  remove  a  discrimination  of  rates  is  not  invalid 
or  inoperative  because  it  does  not  go  as  far  as  it  might, 
and  fails  to  correct  other  discriminations  found  to  exist. 

The  Interstate  Commerce  Commission  in  inserting 
in  an  order  commanding  carriers  to  desist  from  a  dis- 
crimination a  condition  for  the  carrier's  benefit,  cannot 
be  said  to  have  acted  outside  of  its  province,  even 
though  the  subject  matter  of  the  condition  be  regarded 
as  something  subsequent  to  transportation.  N.  Y. 
G.  &  H.  R.  R.  Co.  V.  Inter.  Com.  Comm.,  168  Fed.  Rep, 
131. 

Commission  may  order  reduced  an  allowance  for  ele- 
vation service  above  actual  cost  to  shipper  of  grain. 
An  allowance  made  to  a  shipper  of  grain,  who  fur- 
nishes elevation  service  under  an  arrangement  with  a 
carrier,  is  a  rebate  and  an  unlawful  discrimination 
when  it  involves  a  profit  over  and  above  the  actual  cost 
to  such  shipper  of  the  service  rendered. 

An  arrangement  was  made  between  the  Union  Pacific 
Railroad  Company  and  the  Peavy  elevators  at  Council 
Bluffs  and  Kansas  City  and  was  not  in  itself  unlawful. 
But  the  allowance  of  li^  cents  per  100  pounds  paid  by 
the  railroad  company  to  the  elevators  controlled  by  the 
Peavy  interests,  who  were  large  shippers  of  grain  and 
owned  practically  all  the  grain  going  into  the  elevators, 
was  in  excess  of  the  actual  cost  of  the  service,  and  was 
a  rebate  and  therefore  unlawful.  The  commission  or- 
dered that  such  allowance  be  reduced  so  as  not  to  ex- 
ceed three-fourths  of  a  cent  per  100  pounds.  Allow- 
ance to  Elevators  by  U.  P.  R.  R.  Co.,  12  I.  C.  C.  Rep. 

Cost  of  assembling  freight.  The  cost  of  assembling 
freight  at  a  concentration  point  for  shipment  into  an- 
other State  may  be  recovered  by  the  shipper  from  the 
railroad  by  suit  brought  in  a  State  court.  St.  Louis,  S. 
F.  &  T.  R.  Co.  V.  Roff  Oil  &  Cotton  Co.  (1910),  — 
Tex.  Civ.  App.  — ,  128  S.  W.  Rep.  1194. 

Powers  of  commission — Judicial  enforcement  of  or- 
der. A  concerted  advance  by  interstate  carriers  in  the 
freight  rate  upon  a  particular  commodity  may  be  held 
unreasonable  and  unjust  by  the  Interstate  Commerce 
Commissicm  and  by  a  federal  Circuit  Court  in  the 
subsequent  proceedings  to  enforce  the  order  of  the  com- 
mission, although  such  rate  may  be  but  a  mere  division 
of  a  through  rate.  Illinois  Central  R.  R.  Co.  v.  Int. 
Com.  Comm.,  206  U.  S.  27,  Sup.  Ct.  Rep.  700. 

Omission  or  failure  of  carrier  to  publish  rates  and 
charges  for  entire  service.  The  jurisdiction  of  the  com- 
mission and  the  purposes  of  the  law  cannot  be  defeated 
by  the  omission  or  failure  of  carriers  to  include  in  their 
schedules  and  to  keep  posted  and  open  to  public  inspec- 
tion the  rates,  fares,  and  charges  for  the  entire  service, 
both  transportation    and    proper    refrigeration,    which 


163 


National  Association  of  Railway  Commissioners 


under  the  law  they  are  bound  to  provide.  Waxelhaum 
&  Co.  V.  Atlantic  Coast  Line  R.  R.  Co.,  12  Int.  Com. 
Comm.  Rep.  p.  205. 

Action  for  reparation  must  primarily  he  invoiced 
through  Interstate  Commerce  Commissio7i.  A  shipper 
seeking  reparation  predicated  upon  the  unreasonable- 
ness of  the  established  rate  must,  under  the  act  to 
regulate  commerce,  primarily  invoke  redress  through 
the  Interstate  Commerce  Commission,  which  body  is 
vested  with  power  originally  to  entertain  proceedings 
for  the  alterations  of  an  established  schedule,  because 
the  rates  fixed  therein  are  unreasonable.  Texas  &  Pac. 
Ry.  Co.  V.  Abilene  Cotton  Oil  Co.,  304  U.  S.    426. 

Section  Sixteen. 

Commission  may  award  damages.  If,  after  hearing  as 
provided  in  section  13,  commission  determine  that  com- 
plainant is  entitled  to  damages,  it  shall  order  carrier 
to  pay  complainant  the  same  on  or  before  a  day  named. 

Findings  and  order  of  commission  prima  facie  evi- 
dence of  facts — Costs  and  attorney's  fee  allowed  peti- 
tioner— Damage  complaints  to  commission  within  two 
years — Petition  to  court  for  enforcement  of  damage  or- 
der within  one  year^Joinder  of  all  interested  parties — 
Service  in  district  of  operating  office — Recovery  against 
and  in  favor  of  proper  parties — Order  of  commission 
served  by  mail — Order  of  commission  suspended  or 
modified — Order  of  commission  to  be  observed  by 
carrier — $5,000  forfeit  for  violation  of  order  under 
section  15 — Recovery  of  forfeiture  by  United  States 
— Special  counsel  employed  by  commission — Order, 
other  than  for  payment  of  money,  enforced  by  court ; 
procedure — Appeal,  venue,  expedition  and  priority 
of  suit — Injunction  only  on  hearing,  with  five  days' 
notice  to  commission — Appeal  from  interlocutory  decree 
within  thirty  days  to  Supreme  Court — Schedules  filed, 
prima  facie  evidence — Section  16a,  rehearing  by  com- 
mission on  application. — Ante,  pp.  137.  138. 

Findings  of  commission  (prima  facie) — Legal  effect 
of  order.  A  finding  of  the  Interstate  Commerce  Com- 
mission, that  a  rule  promulgated  by  railroad  com- 
panies, and  the  practice  thereunder,  with  respect  to  a 
particular  kind  of  traffic,  subjects  shippers  to  an  undue, 
unjust  and  unreasonable  prejudice  and  disadvantage, 
and  gives  to  the  carrier  an  undue  and  an  unreasonable 
preference  and  advantage,  is  one  of  fact,  and  an  order 
based  thereon,  requiring  the  companies  to  desist  from 
maintaining  and  enforcing  sucli  rule,  as  in  violation  of 
section  3  of  interstate  commerce  law,  is  (prima  facie)  a 
lawful  order,  such  as  a  court  is  required  to  enforce  in 
a  suit  instituted  for  that  purpose  under  section  16. 
/.  C.  C.  V.  So.  Pac.  Co.,  123  Fed.  597. 

Pertinency  of  finding.  A  finding  by  the  Interstate 
Commerce  Commission  that  the  purpose  and  effect  of 
a  rule  and  practice  adopted  by  railroad  companies,  by 
which,  as  initial  carriers,  they  reserve  the  right  to  route 
through  shipment  beyond  their  own  lines,  were  to  as- 
sist in  carrying  into  effect  a  pooling  agreement  between 
their  connecting  carriers  made  in  violation  of  section  5 
of  the  interstate  commerce  law,  is  pertinent  to  and  sup- 
ports the  lawfulness  of  an  order  requiring  the  companies 
to  desist  from  maintaining  and  enforcing  such  rule  I 
C.  C.  V.  So.  Pac.  Ry.  Co.,  123  Fed.  597. 

Action—Remedy  for  exacting  unreasonable  inter- 
state rate — Necessity  of  action  by  the  Interstate  Com- 
merce Commission.  The  rule  that  an  action  at  law 
to  recover  excessive  interstate  freight  charges  cannot  be 


maintained  in  advance  of  adtion  by  the  Interstate  Com- 
merce Commission  will  not  prevent  a  federal  Circuit 
Court  which  has  suspended  proceedings  on  a  bill  seek- 
ing relief  from  an  advance  in  freight  rates,  pending  ac- 
tion by  the  commission,  from  granting  relief  in  the 
exercise  of  its  powers  under  the  act  of  February  4,  1887, 
24  Stat,  at  L.  379,  chap.  104,  U.  S.  Comp.  Stat.,  1901, 
p.  3154,  section  16,  as  a  court  of  equity  on  a  petition 
filed  after  the  commission  has  acted,  stating  the  sub- 
stance of  the  findings  of  the  commission,  and  contain- 
ing a  copy  of  its  reports  and  opinion,  where  defendant 
has  stipulated  in  open  court  that,  in  case  complainants 
prevailed,  decree  of  restitution  might  be  made.  Southern 
Ry.  Co.  V.  Tift,  206  U.  S.,  27  Sup.  Ct.  Rep.  709. 

Judgment — Stipulation — Enforcing  order  of  Inter- 
state Commerce  Commission.  The  final  decree  of  a 
federal  Circuit  court  in  proceedings  nrosecuted  under 
the  act  of  February  4,  1887,  section  16,  after  action  by 
the  Interstate  Commerce  Commission  declaring  an  in- 
creased freight  rate  to  be  unreasonable,  may  direct  an 
order  of  reference  to  the  master  of  the  pleadings  and 
evidence  in  the  cause,  with  instructions  to  ascertain  the 
sum  of  the  increase  in  rates  paid  since  the  rate  went 
into  effect,  where  defendants  stipulatd  in  open  court 
that,  in  case  complainants  prevailed,  a  decree  of  restitu- 
tion might  be  made.  Southern  Ry.  Co.  v.  Tift,  206  U. 
S.,  27  Sup.  Ct.  Rep.  709. 

Reasonableness  of  rates  a  question  of  fact — Commis- 
sion's findings  prima  facie  evidence.  The  statute  gives 
prima  facie  effect  to  the  findings  of  the  commission, 
and  when  those  findings  are  concurred  in  by  the  Circuit 
Court,  they  will  not  be  interfered  with  by  the  Supreme 
Court  unless  the  record  establishes  that  clear  and  \va- 
mistakable  error  has  been  committed.  Cincinnati,  H. 
(&  D.  R.  Co.  V.  Interstate  Commerce  Commission,  206 
U.  S.,  27  Sup.  Ct.  Rep.  648;  Illinois  C.  R.  Co.  v. 
Interstate  Commerce  Commission,  206  U.  S.  441. 

Appeal — Harmless  error.  Even  if  error  could  be  at- 
tributed to  the  Interstate  Commerce  Commission  in  de- 
ciding that  expenditures  for  permanent  improvement? 
and  equipment  should  not  be  charged  to  the  current 
or  operating  expenses  of  a  single  year  for  tlie  purpose 
of  testing  the  reasonableness  of  an  increased  freight 
rate,  such  error  would  not  require  the  reversal  of  a 
decree  enforcing  an  order  of  the  commission  requiring 
carriers  to  desist  from  enforcing  such  rate,  where  the 
findings  show  that  the  old  rates  were  profitable  and 
that  dividends  were  declared  even  when  permanent  im- 
provements and  equipment  were  charged  to  operating 
expenses.  Illinois  Central  R.  Co.  v.  Int.  Corn.  Comm., 
206  U.  S.  441. 

In tersiate  Co m m erce  Com m ission — Jurisdiction — Or- 
ders of  commission — Power  to  enforce.  A  bill  in  equity 
was  filed  in  the  Circuit  Court  to  restrain  the  enforce- 
ment of  an  alleged  unreasonable  rate.  The  court  sent 
the  parties  to  the  commission,  which  body,  after  an  in- 
vestigation, found  that  the  rate  was  unreasonable. 
Petition  was  thereupon  filed  in  the  Circuit  Court  under 
section  16  of  the  act  to  enforce  the  commission's  order, 
it  being  stipulated  that  the  testimony  taken  before  the 
commission  should  become  a  part  of  the  record.  A 
decree  was  entered  enjoining  the  enforcement  of  the 
rates.  Held  that  the  carriers  were  precluded  from 
making  objections  that  the  court  was  without  jurisdic- 
tion to  entertain  the  petition  and  grant  the  relief 
prayed  for  and  decreed.  So.  Ry.  Co.  v.  Tift,  206  U.  S. 
428. 


I 


Digest  of  Decisions 


163 


Jurisdiction — Rates— Redress.  A  shipper,  seeking 
relief  from  unreasonable  rates  established  for  interstate 
commerce,  is  required  by  interstate  commerce  act  to 
primarily  invoke  redress  through  the  Interstate  Com- 
merce Commission,  which  is  vested  with  exclusive 
original  jurisdiction  to  determine  the  reasonableness  of 
rates  fixed  in  an  established  schedule.  B.  £  0.  By.  Co. 
V.  La  Due,  112  N.  Y.  Supp.  964.  / 

Interstate  Commerce  Commission — Couris^may  cor- 
rect. Under  the  provisions  of  sections  15  and  16  of  the 
interstate  commerce  act,  the  courts  have  jurisdiction  to 
set  aside  or  suspend  any  order  of  the  Interstate  Com- 
merce Commission  resulting  from  a  misconception  and 
application  of  the  law  as  to  conceded  or  undisputed 
facts.  Stickney  v.  Inter.  Com.  Comm.,  164  Fed.  Eep. 
638. 

Rates — Remedy  in  State  court  for  excess  charges. 
It  is  within  the  exclusive  power  of  the  Interstate  Com- 
merce Commission  and  the  federal  courts  to  determine 
whether  the  tariffs  filed  under  the  interstate  commerce 
act  are  reasonable  or  not:  but  if  a  carrier  charges  more 
than  the  rates  set  out  in  the  public  schedule  an  action 
will  lie  in  a  State  court  for  the  difference  between  the 
schedule  rate  and  the  rate  charged.  Brantley  Co.  v. 
Ocean  S.  S.  Co.,  63  S.  E.  1129. 

Jurisdiction  of  State  court.  A  State  court  of  Texas 
has  jurisdiction  of  a  shipper's  suit  against  a  railroad 
to  recover  an  allowance  to  which  he  is  entitled  under  a 
tariff  filed  with  the  Interstate  Commerce  Commission 
to  cover  the  cost  of  shipping  his  cotton  to  a  "concentra- 
tion point"  from  which  the  railroad  carried  it  to  its  des- 
tination. St.  Louis,  S.  F.  &  T.  Ry.  Co.  v.  Roff  Oil  & 
Cotton  Co.  (1910),  —  Tex.  Oiv.  App.  — ,  128  S.  W. 
Eep.  1194. 

Liability  in  State  court  for  negligence.  Nothing  in 
the  interstate  commerce  act  relieves  an  interstate  car- 
rier from  liability  in  a  State  court  for  its  negligence  in 
handling  an  interstate  shipment.     Miller  v.   Chicago, 

B.  &  Q.  R.  Co.  (1909),  85  Neb.  458,  123  N".  W.  Eep. 
449. 

Interstate  commerce — Attachment  under  State  law. 
A  railroad  car  in  actual  use  in  interstate  commerce  is 
exempt  from  attachment.  J\Io.  Pac.  R?/.  Co.  v.  Kennett, 
99  Pac.  Eep.  269. 

Attachment — Burden  of  proof.  In  cases  of  attach- 
ment of  rolling  stock  in  a  State  court,  the  burden  is 
on  the  defendant  to  make  out  its  defense  that  the  car 
is  in  actual  use  in  interstate  commerce.  Where  there 
is  no  evidence  as  to  where  the  car  came  from,  where 
it  was  going,  whether  it  was  loaded  or  empty,  or 
whether  it  was  being  used  for  railroad  transportation 
at  all,  the  court  will  not  dissolve  the  attachment  as 
an  imlawful  interference  with  interstate  commerce. 
Missouri  Pac.  Ry.  Co.  v.  Kennett  (1909),  —  Kan.  — , 
99  Pac.  Eep.  269. 

Interstate  commerce — Attachment  of  car  ivhen  not 
in  actual  use.  The  object  of  the  interstate  commerce 
act  forbidding  railroads  from  giving  preferences  to 
persons  or  places,  etc.,  is  to  compel  railroads  to  carry 
for  all  on  equal  terms,  and  for  a  fair  price,  without 
unnecessary  delay,  and  the  act  is  not  in  conflict  with 
the  State  statute  permitting  the  attachment  of  freight 
cars  when  not  in  actual  use.     De  Rocaement  v.  N.  Y. 

C.  £■  H.  R.  R.  Co.,  71  Atl.  Eep.  868. 

Attachment  of  rolling  stock.  Eolling  stock  of  an  in- 
terstate carrier  is  subject  to  attachment  in  any  State 
through  which  it  may  pass.  Davis  v.  Cleveland,  Cin- 
cinnati; Chicago  &  St.  Louis  Ry.  Co.   (1910),  217  U. 


S.  157,  30  Sup.  Ct.  Eep.  463.  This  case  holds  that  an 
action  to  recover  damages  for  a  personal  injury  that 
occurred  in  Illinois  may  be  begun  in  Iowa  by  attach- 
ment there  of  cars  of  the  defendant,  an  Ohio  corpora- 
tion, which  are  in  use  in  interstate  commerce.  The 
court  said :  "The  interference  with  interstate  commerce 
by  the  enforcement  of  the  attachment  laws  of  a  State 
must  not  be  exaggerated.  It  can  only  be  occasional 
and  temporary.  The  obligations  of  a  railroad  company 
are  tolerably  certain,  and  provisions  for  them  can  be 
easily  made.  Their  sudden  assertion  can  be  almost 
instantly  met;  at  any  rate,  after  short  delay  and  with- 
out much,  if  any,  embarrassment  to  the  continuitj'  of 
transportation.  However,  the  pending  case  does  not 
call  for  a  very  comprehensive  decision  on  the  subject. 
We  only  decide  that  the  cars  situated  as  this  record 
tends  to  show  that  they  were  when  attached,  and  the 
amounts  due  from  the  garnishee  companies  to  the  C.  C. 
C.  &  St.  L.  Co.,  were  not  exempt  from  process  under 
the  State  laws,  and  that  the  court  had  therefore,  juris- 
diction of  them  and  through  them  of  the  C.  C.  C.  & 
St.  L.  Ey.  Co."  Same  case  below:  146  Fed.  Eep. 
403,  156  Fed.  Eep.  775,  84  C,  C.  A.  453.  See  also 
Cincinnati,  N.  0.  &  Tex.  Pac.  Ry.  Co.  v.  Slade  (1910), 
216  U.  S.  78,  30  Sup.  Ct.  Eep.  230.  A  somewhat 
similar  case  in  which  it  was  held  that  the  record 
presented  no  federal  question.  In  that  case  a  box  car 
of  an  Ohio  railroad  was  attached  upon  its  arrival  in 
Georgia.  The  Ohio  railroad,  by  filing  an  answer  and  a 
replevy  bond,  was  held  to  have  made  its  special  appear- 
ance general  and  to  have  waived  any  illegality  in  the 
attachment.  In  both  the  above  cases  the  car  had  been 
unloaded  before  it  was  attached. 

State  may  forfeit  charter  of  corporation  engaged  in 
interstate  commerce.  It  is  no  defense  to  a  proceeding 
by  the  State  to  forfeit  the  charter  of  a  domestic  cor- 
poration and  the  licenses  of  foreign  corporations  to  do 
business  in  the  State,  because  of  violation  of  the  State's 
anti-ti-ust  law  that  said  corporations  are  engaged  in 
interstate  commerce,  since  the  forfeiture  of  such  cor- 
poration's charters  and  licenses  does  not  constitute  an 
interference  with  interstate  commerce.  State  ex  inf. 
Iladley  r.  Standard  Oil  Co.,  116  S.  AV.  902. 

State  statute — Violation  of  by  foreign  corporation 
engaged  in  interstate  trade.  Since  the  power  to  regu- 
late interstate  commerce  is  vested  exclusively  in  con- 
gress, a  State  legislature  has  no  authority  to  prevent 
foreign  corporations  violating  State  laws  from  carrying 
on  interstate  trade.  State  ex  inf.  Iladley  v.  Standard 
Oil  Co.,  116  S.  W.  902. 

Section  Seventeen. 

Interstate  Commerce  Commission — Form  of  proce- 
dure. Procedure  to  conduce  to  proper  dispatch  of  busi- 
ness and  ends  of  justice — Majority  to  constitute  quorum 
— Commissioners  not  to  participate  when  pecuniarily 
interested — Proceedings  public  on  request  of  either 
party — Any  party  may  appear  before  said  commission 
and  be  heard,  in  person  or  by  attorney — Official  seal  of 
commission — Commission  may  administer  oaths  and 
sign  subpoenas. 

Section  Eighteen. 

Salary — Employers — ]Vitness  fee — Expenses.  [For 
salary  of  commissioners  see  section  24.]  Commission 
shall  appoint  secretary,  at  salary  of  $3,500  per  year — 
May  employ  and  fix  compensation  for  employes — May 
provide  offices  and  supplies — Witnesses  paid  same  man- 


National  AssociATtON  of  Railway  Commissioners 


ner  and  amount  as  witnesses  in  federal  courts.  Ex- 
penses of  commission  or  employes  for  transportation, 
etc.,  on  official  business  paid  on  itemized  voucher  ap- 
proved by  chairman  of  commission. 

Section  Nineteen. 

Principal  office — Sessiotis — Prosecution  of  inquiry. 
Principal  office  at  Washington,  D.  C,  where  its  gen- 
eral sessions  are  held.  Commission  may  hold  special 
sessions  in  any  part  of  the  United  States. 

Commission  may,  by  one  or  more  of  its  members, 
prosecute  any  inquiry  necessary  to  its  duties,  in  any 
part  of  tlie  United  States,  into  any  matter  or  ques- 
tion of  fact  pertaining  to  the  business  of  any  common 
carrier. 

Section  Twenty. 

Common  carrier's  annual  report — Mandamus  to  com- 
pel obedience.  Commission  is  authorized  to  require 
annual  reports  from  all  common  carriers  subject  to  this 
act,  as  to  organization,  securities,  finances,  property, 
etc.,  salaries  and  employes,  accidents,  improvements, 
balance  sheet,  regulations  concerning  rates  and  fares — 
Time  and  system  of  accounts  to  be  uniform— Eeports 
to  be  annual,  unless  extended  by  commission,  and  under 
oath — Forfeiture  for  failure  to  report — Monthly  reports 
may  be  required — Forfeitures  recovered  as  others  under 
act — Forms  of  account — Access  to  carrier's  accounts — 
Unlawful  to  keep  other  than  prescribed  accounts — 
Agents  and  examiners  have  authority  to  inspect  records 
— Receivers  and  trustees  of  carriers  subject  to  regula- 
tion of  accounts — Forfeiture  for  failure  to  keep  and  ex- 
hibit accounts — Misdemeanor  to  falsify,  mutilate  or 
fail  to  make  full  and  correct  entries — Examiners  di- 
vulging information  punished. 

Mandamus  to  compel  obedience  to  acts — Special 
agents  and  examiners  to  administer  oaths — Receiving 
carrier  liable  for  damage  to  shipment — Existing  reme- 
dies remain  to  holder  of  bill  of  lading. 

Receiving  carrier  has  recourse  upon  carrier  responsible 
for  loss. 

Section  Twenty-one. 

Annual  report  of  the  commission  to  congress.  Com- 
mission on  or  before  the  first  day  of  December  each 
year  shall  make  a  report  to  congress.  The  report  to 
contain  information  and  dates  and  such  recommenda- 
tions as  to  additional  legislation  relating  to  regulation 
of  commerce  as  the  commission  may  deem  necessary; 
and  the  names  and  compensation  of  the  persons  em- 
ployed. 

Section  Twenty-two. 

Transportation  at  reduced  rates  —  Remedies  not 
abridged — Interchangeable  mileage  ticket — See  section 
1,  Par.  4.  Nothing  in  this  act  shall  prevent  carriage, 
storage  or  handling  property  free  or  at  reduced  rates  for 
United  States,  States,  or  municipal  governments,  or  for 
charitable  purposes,  or  to  and  from  fairs  and  exposi- 
tions for  exhibition  thereat  or  free  carriage  of  destitute 
persons  transported  by  charitable  societies,  etc.,  or  the 
issuance  of  mileage,  excursion  or  commutation  pas- 
senger tickets.  Nothing  in  this  act  shall  be  construed 
to  prohibit  reduced  rates  to  ministers  of  religion,  or  to 
municipalities  for  transportation  of  indigent  persons  or 
to  inmates  of  the  national  homes  and  State  homes  for 


disabled  volunteer  soldiers,  or  passes  and  free  transporta- 
tion to  officers  and  employes  of  railroad  companies.  Pro- 
visions of  act  are  in  addition  to  remedies  existing  at 
common  law.     Pending  litigation  not  affected  by  act. 

Joint  interchangeable  five  thousand  mile  tickets  may 
be  issued  with  free  baggage  privileges.  Publication  of 
rates  and  amount  of  free  baggage  to  be  made  as 
provided  in  section  6.  Penalties  as  provided  in  sec- 
tion 10. 

Remedies  regarded  as  cumulative — Section  22  con- 
strued. "It  is  insisted  that,  however  cogent  may  be 
the  views  previously  stated,  they  should  not  control, 
because  of  the  following  provision  contained  in  section 
22  of  the  act  to  regulate  commerce,  viz. :  .  .  . 
'Nothing  in  this  act  contained  shall  in  any  way  abridge 
or  alter  the  remedies  now  existing  at  common  law  or  by 
statute,  but  the  provisions  of  this  act  are  in  addition 
to  such  remedies.'  This  clause,  however,  cannot  in 
reason  be  construed  as  continuing  in  shippers  a  common- 
law  right,  the  continued  existence  of  which  would  be 
absolutely  inconsistent  with  the  provisions  of  the  act. 
In  other  words,  the  act  cannot  be  held  to  destroy  itself. 
The  clause  is  concerned  alone  with  rights  recognized  in 
or  duties  imposed  by  the  act,  and  the  manifest  pur- 
pose of  the  provision  in  question  was  to  make  plain  the 
intention  that  any  specific  remedy  given  by  the  act 
should  be  regarded  as  cumulative,  when  other  appro- 
priate common  law  or  statutory  remedies  existed  for 
the  redress  of  the  particular  grievance  or  wrong  dealt 
with  in  the  act."  Texas  &  Pac.  Ry.  Co.  v.  Abilene  C.  0. 
Co.,  204  U.  S.  426. 

Section  Twenty-three. 

Mandamus  compelling  movement  of  freight  and  fur- 
nishing of  other  facilities.  Jurisdiction  given  United 
States  courts  to  issue  writs  of  peremptory  mandamus 
commanding  the  movement  of  interstate  traffic  or  the 
furnishing  of  ears  or  other  transportation  facilities. 

Peremptory  mandamus  may  issue,  notwithstanding 
proper  compensation  of  carrier  may  be  undetermined. 

Remedy  cumulative,  and  shall  not  interfere  with 
other  remedies  provided  by  the  act  or  the  act  to  which 
it  is  a  supplement. 

Constitutional  law — State  sovereignty.  The  act  of 
congress  of  June  29,  1906,  providing  that  a  carrier  re- 
ceiving property  to  transport  from  a  point  in  one  State 
to  a  point  in  another  cannot  limit  its  liability  to  its 
own  line,  is  not  unconstitiitional  as  infringing  State 
sovereignty.  Galveston,  H.  £  S.  A.  Ry.  Co.  v.  Wallace, 
117  S.  W.  169. 

Franchise  not  automatically  forfeited  for  non-per- 
formance of  conditions.  A  land  grant  to  a  railroad 
company  contained  a  provision  that  the  grant  should 
be  void  unless  grading  should  commence  within  six 
months,  and  unless  twenty-five  miles  of  road  should  be 
built  within  two  years.  Held  that  failure  to  begin 
work  within  six  months  and  failure  to  build  twenty-five 
miles  within  two  years  did  not  work  a  forfeiture  of  the 
land.  It  was  necessary  there  should  be  an  assertion 
of  forfeiture  on  the  part  of  the  State,  either  through 
judicial  proceedings  or  legislative  action.  Spokane  & 
British  Columbia  Ry.  Co.  v.  Washington  cf-  Great 
Northern  Ry.  Co.  (1910),  219  U.  S.  166,  31  Sup.  Ct. 
Rep.  182,  —  L.  Ed.  — ,  affirming  49  Wash.  280,  95 
Pac.  Rep.  64. 

Railroad  bound  by  conditions  of  grant.  When  a 
railroad  commission  grants  the  right  to  one  road  to 


il 


Digest  of  Decisions 


165 


cross  the  tracks  of  another  at  grade  upon  certain  con- 
ditions, the  company  seeking  the  crossing  cannot  main- 
tain condemnation  proceedings  without  first  perform- 
ing the  conditions  so  imposed.  Atlantic  Coast  Line  R. 
Co.  V.  Seaboard  Air  Line  Ry.  (1911),  -^  S.  C.  — , 
71  S.  E.  Eep.  34. 

Franchises  are  transferred  suhject  to  existing  burdens. 
A  new  street  railway  corporation  acquiriE(g_^  the  fran- 
chises from  an  old  one  takes  them  subject  to  the  exist- 
ing limitation  as  to  the  rate  of  fare  to  be  charged. 
Weatherbee  v.  Dedham  &  F.  St.  Ry.  Go.  (1911),  — 
Mass.  — ,  95  N.  E.  Rep.  81. 

Liability  of  lessor  railroad  for  negligence  of  lessee. 
A  Kentucky  railroad  corporation  remains  liable  for  the 
negligence  of  any  corporation  that  operates  its  road 
unless  it  has  sold  its  right  of  way  to  the  operating 
company  and  unless  the  operating  company  has  become 
a  Kentucky  corporation  in  the  manner  provided  by  the 
Kentucky  constitution,  section  211.  Plummer  v.  Ches- 
apeake &  0.  Ry.  of  Ky.  (1911),  143  Ky.  102,  136  S. 
W.  Eep.  162. 

Franchise  evidenced  by  ordinances.  The  franchise 
contract  between  a  city  and  a  street  railway  cannot  be 
shown  by  parole  evidence  as  to  what  was  said  and  done 
by  representatives  of  the  city  and  of  the  railway  while 
negotiations  were  in  progress.  State  v.  Seattle  R.  <€• 
S.  Ry.  Co.  (1911),  —  Wash.  — ,  116  Pac.  Rep.  638. 

Franchise  constriied  strictly.  A  franchise  is  con- 
strued most  strongly  against  the  grantee  thereof.  Held 
that  the  charter  under  consideration  did  not  give  the 
corporation  organized  under  it  the  exclusive  right  to 
furnish  gas  to  the  city  in  which  it  was  located.  Cum- 
berland Gaslight  Co.  v.  West  Va.  &  Md.  Gas  Co. 
(1911),  188  Fed.  Rep.  585. 

Suburban  franchise  terminated  by  annexation.  A 
street  railway  franchise  granted  by  Pierce  county  in  the 
suburb  of  Fern  Hill  held  terminated  when  Fern  Hill 
was  made  part  of  the  city  of  Taeoma  so  that  tlie  rail- 
way could  not  charge  double  fare  as  it  did  before  the 
annexation.  Peterson  v.  Taeoma  Ry.  &  Power  Co. 
(1910),  —  Wash.  — ,  111  Pac.  Rep.  338. 

Franchise  ordinance  construed  strictly.  Franchise 
ordinances  are  construed  most  favorably  to  the  public 
as  to  fares  to  be  charged.  Peterson  v.  Taeoma  Ry.  & 
Power  Co.  (1910),  —  Wash.  — ,  111  Pac.  Rep.  338. 

Practical  construction  of  ordinance.  Practical  con- 
struction of  an  ordinance  by  the  officials  whose  duties  it 
is  to  enforce  it  is  of  no  weight  as  against  the  words  of 
the  ordinance.  Barrett  v.  New  York  (1910),  183  Fed. 
Rep.  793,  799. 

Gas  franchise  held  not  exclusive.  A  manufactured 
gas  company  held  not  able  to  maintain  its  action  against 
a  natural  gas  company  for  damages  arising  from  compe- 
tition on  the  part  of  the  natural  gas  company.  Cum- 
berland Gaslight  Co.  v.  West  Va.  &  Md.  Gas  Go.  (1911), 
188  Fed.  Rep.  585. 

Franchise  statute  held  a  gift  and  not  a  contract.  A 
statute  allowing  a  specified  railroad  to  charge  specified 
fares  held  a  gift  and  not  a  contract  since  the  railroad 
was  not  required  to  do  anything  in  return  for  the  privi- 
lege. People  v.  Public  Service  Commission  of  Second 
District  (1910),  140  App.  Div.  (N.  Y.)  829,  125  N.  Y. 
Snpp.  1,000. 

Injunction — Unreasonable  rates.  The  Circuit  Court 
of  the  United  States  may  entertain  a  suit  in  equity  to 
enjoin  the  enforcement  of  a  schedule  of  unreasonable 


rates  or  a  change  to  unjust  or  unreasonable  rates  pend- 
ing a  decision  thereon  by  the  Interstate  Commerce  Com- 
mission. Kalispell  Lumber  Co.  v.  Gt.  No.  Ry.  Co. 
(1907),  157  Fed.  Rep.  845. 

Proposed  increase  in  through  rates  enjoined.  An  in- 
crease in  the  through  rate  on  lemons  from  California 
to  New  York  from  $1.00  to  $1.15  per  100  enjoined  by 
the  U.  S.  Circuit  Court,  pending  a  determination  of  its 
reasonableness  by  the  Interstate  Commerce  Commission. 
Arlington  Heights  Fruit  Co.  r.  Southern  Pac.  Co. 
(1909),  175  Fed.  Eep.  141.  Compare  Columbus  Iron 
£  Steel  Co.  v.  Kanawha  &  M.  R.  Co.  (1910),  178  Fed. 
Rep.  261. 

Jurisdiction — Rates  enjoined.  General  power  over 
interstate  rates  to  be  charged  by  common  carriers,  is 
by  the  act  given  to  the  Interstate  Commerce  Commis- 
sion, and  the  courts  are  without  jurisdiction  to  determine 
what  are  reasonable  or  unreasonable  rates.  A  court  of 
equity,  however,  may  properly  enjoin  carriers  from 
establishing  or  increasing  to  a  rate  found  to  be  unreason- 
able, at  the  same  time  leaving  the  matter  in  such  shape 
that  the  commission  may  ultimately  determine  the  ques- 
tion of  the  reasonableness  of  the  proposed  rate  and  pre- 
scribe what  will  be  a  just  and  reasonable  rate.  Kiser 
Co.  V.  C.  of  Ga.  Ry.  Co.,  158  Fed.  Rep.  193. 

Jurisdiction — Federal  and  State  courts.  A  federal 
court  of  equity,  which  has  acquired  jurisdiction  of  a  suit 
to  enjoin  the  enforcement  of  the  State  statute  fixing 
railroad  rates  on  domestic  shipments,  has  power  to  en- 
join the  county  solicitors  and  sheriffs  from  taking  threat- 
ened action  under  such  statute  either  by  civil  or  criminal 
proceedings  against  employes  of  a  railroad  company,  the 
effect  of  which  would  be  to  interfere  with  the  operation 
of  its  road  and  to  obstruct  both  local  and  interstate 
commerce,  and  by  which  irreparable  injury  would  be 
caused  to  the  complainant  railroad  company.  L.  &  N . 
R.  Co.  V.  Ry.  Commission,  157  Fed.  Rep.  944. 

Injunction  to  restrain  proposed  violation  of  law. 
Where  a  railroad  proposes  to  charge  higher  rates  than 
those  fixed  by  the  maximum  rate  statute  the  State  may 
maintain  its  information  in  equity  and  have  an  injunc- 
tion to  restrain  the  railroad  from  violating  the  law.  De- 
lay in  so  proceeding  does  not  affect  the  right  of  State. 
State  V.  Boston  &  Maine  R.  Co.  (1909),  75  N.  H.  327, 
74  Atl.  Rep.  542. 

State  officials  enjoined.  State  officials  may  be  en- 
joined from  enforcing  a  penal  statute  against  a  railroad ; 
for  instance,  a  two-cent-fare  act.  Coal  &  Coke  Ry.  Co. 
V.  Conley  (1910),  —  W.  Va.  —,-67  S.  E.  Rep.  613. 
See  also  L.  &  N.  R.  Co.  v.  Ry.  Commission,  157  Fed. 
Rep.  944. 

Jurisdiction — Suit  to  compel  carriage.  Since  a  suit 
to  compel  a  common  carrier  to  accept  and  transport 
goods  tendered  to  it  for  interstate  shipment  is  one  to 
compel  the  performance  of  a  duty  imposed  by  law,  the 
federal  court  has  original  jurisdiction  of  the  controversy. 
Application  in  the  first  instance  to  the  commission  for 
relief  is  therefore  unnecessary.  Dansiger  et  al.  v.  Wells, 
Fargo  &  Co.,  154  Fed.  Rep.  379. 

Mandamus  to  establish  passenger  service.  An  instance 
of  mandamus  to  enforce  an  order  of  a  railroad  commis- 
sion to  establish  a  passenger  service.  Missoiiri  Pac.  Ry. 
v.  Kansas  (1910),  216  U.  S.  262,  30  Sup.  Ct.  Rep.  330; 
State  V.  Missouri  Pac.  Ry.  (1907),  76  Kan.  467,  92 
Pac.  Rep.  606. 


166 


National  Association  of  Railway  Commissioners 


'  New  Section  Nine. 

Compulsory  process  acts  made  applicable.  Existing 
laws  as  to  attendance  of  witnesses  and  production  of 
evidence  are  applicable  in  proceedings  under  this  act. 
[Amendment  of  June  39,  1906^] 

Scope  of  inquiry.  One  of  the  purposes  of  the  inter- 
state commerce  legislation  is  to  compel  interstate  car- 
riers to  perform  their  commercial  functions  adequately, 
and  the  commission  has  authority  to  inquire  of  the  ofB- 
cers  of  such  carrier  with  regard  to  purchases  of  prop- 
erty made  by  it,  the  prices  paid  and  the  lawfulness  and 
propriety  of  its  acquisition.  Interstate  Com.  Commis- 
sion V.  Harriman,  157  Fed.  Rep.  432,  S.  C.  211  U.  S. 
407. 

New  Section  Ten. 

Conflicting  laws  repealed.  All  laws  and  parts  of  laws 
in  conflict  with  the  provisions  of  the  act  (Act  of  June 
29,  1906)  are  hereby  repealed;  but  the  amendments 
herein  provided  for  shall  not  affect  causes  now  pending 
in  the  courts  of  the  United  States,  but  such  causes  shall 
be  prosecuted  to  a  conclusion  in  the  manner  heretofore 
provided  by  law. 

Section  Twenty-four. 

Commission  enlarged  —  Compensation,  qualification, 
appointment,  term.  Commission  to  consist  of  seven 
members  with  term  of  seven  years,  with  salary  of  ten 
thousand  dollars  per  annum.  Appointment  made  by  the 
President,  by  and  with  the  consent  of  the  senate.  Not 
more  than  four  commissioners  to  be  appointed  from  the 
same  political  party. 

Mandamus  to  compel  compliance.  The  remedy  by 
mandamus  may  be  resorted  to  against  an  interstate  car- 
rier to  compel  a  compliance  with  the  act,  and  such  rem- 
edy is  not  exclusive  of  any  other  remedies  prescribed  by 
the  act.  Merchants'  Coal  Co.  v.  Fairmont  Coal  Co., 
160  Fed.  Rep.  769. 

Immunity  of  Witnesses  Acts. 

The  immunity  of  witnesses  act  in  relation  to  testi- 
mony before  the  Interstate  Commerce  Commission  ap- 
proved February  11,  1893,  provides  that  no  person  shall 
be  excused  from  attending  and  testifying  and  producing 
documentary  evidence  before  the  Interstate  Commerce 
Commissioii  or  in  any  proceeding,  criminal  or  otherwise, 
growing  out  of  violation  of  the  act  on  the  ground  or  for 
the  reason  that  such  testimony  may  tend  to  criminate 
him,  etc.  But  no  person  shall  be  prosecuted  or  subject 
to  any  penalty  or  forfeiture  for  or  on  account  of  any 
matter  or  thing  concerning  which  he  may  testify  or  pro- 
duce, provided  that  no  person  so  testifying  shall  be 
exempt  from  prosecution  and  punishment  for  perjury 
committed  in  so  testifying.  Penalties  of  fine  and  im- 
prisonment upon  conviction  by  court  of  persons  who 
neglect  and  refuse  to  testify. 

All  the  former  acts  of  congress  were  amended  June 
30,  1906,  so  that  the  immunity  shall  only  extend  to 
natural  persons  who,  in  obedience  to  subpoena,  testify 
or  produce  evidence  under  oath. 

Immunity  —  Proceedings  —  Grand  jury.  "Appellant 
invokes  the  protection  of  the  fifth  amendment  of  the 
constitution,  which  declares  that  no  person  'shall  be 
compelled  in  any  criminal  case  to  be  a  witness  against 
himself,'  and  declined  to  answer  questions  put  to  him 


on  the  grounds  that  he  would  thereby  incriminate  him- 
self. 

"The  answer  to  this  is  found  in  the  general  appropri- 
ation act  of  February  25,  1903,  32  Stat.  854,  904,  thai 
'no  person  shall  be  prosecuted  or  subjected  to  any  pen- 
alty or  forfeiture  for  or  on  account  of  any  transaction, 
matter  or  thing  concerning  which  he  may  testify  or  pro- 
duce evidence,  documentary  or  otherwise,  in  any  pro- 
ceeding, suit  or  prosecution  under  said  acts,'  of  which 
the  anti-trust  law  is  one,  providing,  however,  that  'no 
persons  so  testifying  shall  be  exempt  from  prosecution 
or  punishment  for  perjury  committed  in  so  testifying.' 
While  there  may  be  some  doubt  whether  the  examina- 
tion before  a  grand  jury  is  a  suit  or  prosecution,  we 
have  no  doubt  that  it  is  a  'proceeding'  within  the  mean- 
ing of  this  proviso."  Hale  v.  Hcnkel,  201  U.  S.  43,  6( . 

Witness — Immunity — Fifth  amendment.  A  witness 
cannot  refuse  to  testify  before  a  federal  grand  jury  hi 
face  of  a  federal  statute  granting  immunity  from  prose- 
cution as  to  matters  sworn  to,  because  the  immunit* 
does  not  extend  to  prosecution  in  a  state  court.  In 
granting  immunity  the  only  danger  to  be  guarded 
against  is  one  within  the  same  jurisdiction  and  unde  • 
the  same  sovereignty. 

The  benefits  of  the  fifth  amendment  are  exclusively 
for  a  witness  compelled  to  testify  against  himself  in  i 
criminal  case,  and  he  cannot  set  them  up  on  behalf  o 
any  other  person  or  individual,  or  of  a  corporation  o 
which  he  is  an  officer  or  employe.  Hale  v.  Henkel,  201 
U.  S.  43. 

Tlie  Elkins  Act 

Approved  February  19,  1903,  amended  June  29,  1996. 

Section  1.  Any  act  or  omission  by  a  corporatiot 
carrier  subject  to  interstate  commerce  act  which,  il 
done  by  a  natural  person  acting  for  such  corporation, 
would  constitute  an  offense,  is  made  punishable  by  samt 
penalties  except  as  herein  charged.  Wilful  failure  tc 
file  and  publish  tariffs  and  observe  same  made  punish- 
ishable  by  fine  from  $1,000.00  to  $20,000.00  for  eacli 
offense.  Unlawful  to  offer  or  give  or  to  solicit  or  ac- 
cept any  rebate  or  discrimination,  and  both  carriers  and 
shippers  made  subject  to  fine  from  $1,000.00  tc 
$20,000.00.  Offending  natural  person  made  subject  to 
imprisonment  in  penitentiary  not  exceeding  two  years, 
and  to  both  fine  and  imprisonment.  Prosecution  to  be 
had  in  district  where  offense  committed,  or  in  which 
any  portion  of  transportation  took  place. 

Act  or  omission  of  agent  is  act  of  corporation.  Pub- 
lished rate  to  be  deemed  the  legal  rate  and  any  de- 
parture therefrom  constitutes  offense. 

Shipper  who  by  agent  or  otherwise  knowingly  re- 
ceives or  accepts  rebate,  in  addition  to  other  penalties, 
forfeits  to  the  United  States  three  times  the  amount  or 
value  of  rebate  accepted.  Duty  of  attorney-general  to 
collect  by  suit.  Recovery  to  be  had  for  three  times 
amount  of  all  rebates  accepted  for  six  years  prior  to 
commencement  of  action. 

Section  2.  In  all  proceedings,  whether  before  com- 
mission or  begun  in  court,  all  persons  interested  or  af- 
fected by  the  rate  or  practice  under  consideration  may 
be  made  parties,  and  orders  and  decrees  may  be  entered 
against  them  in  same  manner  as  against  carriers. 

Section  3.  Upon  petition  by  commission  charging 
departure  from  published  rates  or  discrimination.  Cir- 
cuit Court  of  U.  S.  may  inquire  summarily  without 
formal  pleadings,  making  parties  all  persons  deemed 


Digest  op  Decisions 


167 


necessary,  and  enforce  duty  or  restrain  violation  as  well 
against  parties  interested  in  traffic  as  against  the  car- 
rier. Duty  of  attorney-general  to  prosecute — such  pro- 
ceeding not  to  preclude  the  recovery  of  damages  or  any 
other  action  given  by  act.  Compulsory  attendance  of 
witnesses  and  production  of  papers  and  books,  both  of 
shipper  and  carrier.  Immunity  to  witnesses  testifying 
to  self-incriminating  facts.  Expediting  act  to  apply 
to  all  cases  prosecuted  by  attorney-generil^in  name  of 
commission. 

Section  4.     Conflicting  laws  repealed. 

Section  5.     Act  in  force  from  passage. 

ElJcins  act  —  Rebates  —  Jurisdiction  wherever  trans- 
portation conducted  thereunder.  The  giving  or  receiv- 
ing of  a  rebate  or  concession,  whereby  property  in 
interstate  or  foreign  commerce  is  transported  at  a  less 
rate  than  that  legally  filed  and  published,  denounced 
by  the  Elkins  act,  is  a  continuous  crime  judicable  in 
any  court  of  the  United  States  having  jurisdiction  of 
crime  through  whose  district  the  transportation  is  con- 
ducted. Armour  Paching  Co.  v.  United  States,  153 
Fed.  1. 

Concession  from  part  of  rate  renders  transportation 
thereunder  illegal.  A  rebate  or  a  concession  from  a 
part  of  a  single  rate,  whereby  property  is  transported 
thereunder  at  a  less  rate  than  the  established  rate,  is  a 
concession  from  the  entire  rate,  and  renders  all  trans- 
portation thereunder  illegal.  Armovr  Packing  Co.  v. 
United  States,  153  Fed.  1. 

Same — Rebates — Inland  rates  on  through  exports  and 
imports  required  to  be  filed  and  published.  The  rates 
of  transportation  from  places  in  the  United  States  to 
ports  of  trans-shipment,  and  from  ports  of  entry  to 
places  in  the  United  States,  of  property  in  foreign  com- 
merce carried  under  through  bills  of  lading,  are  re- 
quired to  be  tiled  and  published  by  the  amended  inter- 
state commerce  act  of  1887.  If  carried  under  an  ag- 
gregate through  rate  which  is  the  sum  of  the  ocean  rate 
and  the  rate  from  or  to  a  place  in  the  United  States,  to 
or  from  the  port  of  trans-shipment  or  of  entry,  the  lat- 
ter rate  is  required  to  be  filed  and  published.  If  carried 
under  a  joint  through  rate  by  virtue  of  a  common  con- 
trol, management,  or  arrangement  of  the  inland  and 
ocean  carriers,  the  joint  rate  is  required  to  be  filed  and 
published.  Armour  Packing  Co.  v.  United  States,  153 
Fed.  1. 

Interstate  commerce  act  not  violative  of  constitution. 
The  amended  interstate  commerce  act  of  1887,  thus  con- 
strued, neither  lays  a  tax  nor  duty  on  articles  exported 
from  any  State,  nor  gives  a  preference  to  the  ports  of 
one  State  over  those  of  another,  within  the  meaning  of 
paragrapli  5  of  section  9  of  Article  I  of  the  constitution, 
and  it  is  not  obnoxious  thereto.  Armour  Packing  Co. 
V.  United  States,  153  Fed.  1. 

Carriers — Rebates — "Device"  of  Elkins  act  immate- 
rial— Indictment  sufficient  without  pleading  it.  The 
giving  or  receiving  of  the  rebate  or  concession,  whereby 
property  in  interstate  or  foreign  commerce  is  trans- 
ported at  less  than  the  established  rate,  is  the  essence 
of  the  offense  denounced  by  the  pertinent  paragraph  of 
the  Elkins  act.  The  "device"  by  which  the  concession 
or  transportation  is  brought  about  is  not  an  essential 
element  of  the  crime,  and  it  is  unnecessary  to  plead  it 
in  an  indictment.  The  meaning  of  the  clause  "by  any 
device  whatever"  in  that  paragraph  is  directly  or  in- 
directly, in  any  wav  whatever.  Armour  Packing  Co.  v. 
United  States,  153  Fed.  1. 


Elkins  act — Rebating — Indictment.  An  indictment 
against  a  railroad  company  for  violation  of  the  inter- 
state commerce  act  as  supplemented  by  the  Elkins  act 
alleged  that  defendant  published  a  sugar  schedule  for 
the  transportation  of  sugar  from  New  York  to  Cleve- 
land at  the  rate  of  21  cents  per  100  pounds;  that  on  a 
specified  day  the  American  Sugar  Eefining  Company 
induced  the  defendant  to  make  an  unlawful  agreement 
to  allow  a  rebate  of  6  cents  on  sugar  shipped  by  it  to 
Cleveland  for  reconsignment,  and  4  cents  on  sugar 
shipped  to  Cleveland  in  its  ultimate  destination;  that 
the  sugar  company  thereafter  shipped  various  consign- 
ments, paid  the  schedule  rate,  and  afterward  made 
claims  on  the  railroad  company  and  was  paid  a  rebate. 
It  was  held  that  such  facts  sufficiently  showed  a  viola- 
tion of  the  provisions  of  the  act  prohibiting  deviation 
from  the  published  rates.  United  States  v.  N.  Y.  C. 
&  H.  R.  R.  Co.  et  al,  146  Fed.  298. 

Statute — Penalty — Not  retrospective.  Act  of  con- 
gress, June  S9,  1906,  amending  the  Elkins  act,  Febru- 
ary 19,  1903,  Chap.  708,  Section  1,  by  striking  out 
the  provision  abolishing  imprisonment  for  officers  under 
the  acts  to  regulate  commerce,  and  providing  a  punish- 
ment of  imprisonment  for  a  term  not  exceeding  two 
years,  etc.,  is  not  retrospective  in  operation  either  upon 
general  principles  or  by  the  terms  of  Section  10  of  the 
act.  United  States  v.  N.  Y.  C.  &  H.  R.  R.  Co.,  14S 
Fed.  298. 

Indictment — Joinder  of  parties.  Under  the  interstate 
commerce  act  as  supplemented  by  the  Elkins  act,  pro- 
viding that  a  corporation  engaged  in  interstate  com- 
merce and  its  agents  may  be  criminally  liable  for  giving 
rebates,  a  carrier  and  its  agents  may  be  prosecuted  for 
the  same  offense  in  a  single  indictment.  United  States 
V.  N.  Y.  C.  &  H.  R.  R.  Co.,  146  Fed.  298. 

Indictment — Wilful  failure  to  observe  published 
tariff.  An  indictment  against  a  railroad  company  and 
the  agent  of  certain  shippers,  alleging  that  full  schedule 
rates  were  first  paid  to  the  railroad  company  for  the 
transportation  of  certain  freight,  and  that  thereafter 
$920.39  was  paid  to  the  shipper's  agent  by  way  of  rebate 
and  concessions  in  respect  to  the  transportation  of 
freight  under  a  previously  made  unlawful  agreement, 
sufficiently  charges  that  the  payment  of  the  rebate  was 
a  wilful  failure  to  observe  the  published  tariff,  and  there- 
fore stated  a  violation  of  the  interstate  commerce  act  as 
supplemented  by  the  Elkins  act.  United  States  v.  N. 
Y.  C.  &  II.  R.  R.  Co.  et  al,  146  Fed.  298. 

Criminal  law — Continuing  crime  punishable  in  each 
jurisdiction  to  which  it  extends.  A  continuing  crime  is 
a  continuous  unlawful  ^act  or  series  of  acts,  set  on  foot 
by  a  single  impulse  and  operated  by  an  unintermittent 
force,  however  long  it  may  occupy.  Where  such  an  act 
or  series  of  acts  runs  through  several  jurisdictions,  the 
offense  is  committed  and  cognizable  in  each.  Though 
complete  in  the  jurisdiction  where  first  committed,  it 
may  continue,  be  committed,  and  punished  in  another 
jurisdiction.  Armour  Packing  Co.  v.  United  States, 
209  U.  S.  56. 

Criminal  law — Indictment — Requisite  averments.  An 
indictment  must  set  forth  facts  which  the  pleader  claims 
constitute  the  transgression,  and  every  essential  element 
of  it  with  such  clearness  and  certainty  as  (1)  to  advise 
the  accused  of  the  charge  he  has  to  meet,  and  to  give 
him  a  fair  opportunity  to  prepare  his  defense;  (2)  to 
enable  him  to  avail  himself  of  the  judgment  thereon, 
in  defense  of  another  prosecution  for  the  same  offense. 


168 


National  Association  of  Eailway  Commissioners 


and  (3)  to  qualify  the  court  to  determine  whether  or 
not  the  facts  there  stated  are  sufficient  to  support  a 
e«nviction.  Armour  Packing  Co.  v.  United  States,  153 
Fed.  1. 

Live  stock  contract — Limited  liability.  A  live  stock 
shipping  contract  limiting  the  liability  of  the  carrier 
held  invalid  on  the  same  principle  that  makes  invalid 
a  contract  limiting  the  liability  of  a  carrier  for  its 
negligence.    Louisville  &  N.  Ry.  Co.  v.  Smith  (1911), 

—  Tenn.  —  134  S.  W.  Eep.  866. 

Stock  shipment — Limited  liability.  A  shipper  ship- 
ping hogs  stipulated  in  consideration  of  a  reduced  rate 
that  they  were  worth  $10  each.  The  hogs  were  killed  in 
a  collision.  Held  that  the  shipper  could  not  recover 
more  than  $10  per  head.  Carstens  Packing  Co.  v. 
Northern  Pacific  Ry.  Co.  (1911),  —  Wash.  — ,  116  Pac. 
Rep.  625. 

Contracts  limiting  liability  of  carrier.  A  railroad  and 
a  shipper  may  make  a  binding  stipulation  as  to  the  value 
of  the  goods  shipped,  and  in  the  event  of  loss  of  the 
goods  the  shipper  cannot  recover  more  than  the  amount 
80  stipulated.  The  validity  of  such  contracts  is  not 
affected  by  statutes  that  forbid  a  carrier  from  limiting 
its  common  law  liability.  Carstens  Packing  Co.  v. 
Northern  Pacific  Ry.  Co.  (1911),  —  Wash.  — ,  116  Pac. 
Eep.  625. 

Carrier  may  limit  its  liability  as  to  time.  The  Hep- 
burn act  does  not  disable  an  interstate  carrier  from 
making  a  valid  contract  with  a  shipper  that  the  shipper 
shall  load  the  cattle  onto  the  cars  and  that  the  liability 
of  the  carrier  shall  not  begin  nntil  the  cattle  have  been 
loaded.    St.  Louis,  I.  M.  &  S.  Ry.  Co.  v.  Jones  (1910), 

—  Ark.  — ,  125  S.  W.  Eep.  1025. 

Consideration  for  limitation  of  carrier's  liability. 
Where  a  shipment  is  made  at  full  tariff  rates  there  is 
no  consideration  for  a  stipulation  limiting  the  liability 
of  the  carrier.  Holland  v.  Chicago,  R.  I.  &  P.  Ry.  Co. 
(1910),  139  Mo.  App.  702,  123  S.  W.  Eep.  987. 

Carmack  amendment  constitutional.  The  statute  that 
deprives  the  initial  carrier  of  power  to  make  a  contract 
relieving  itself  from  liability  for  the  default  of  connectr 
ing  carriers  held  constitutional  and  valid.  Welch  Lum- 
ber Co.  V.  Norfolk  &  W.  R.  Co.  (1910),  121  N.  Y. 
Supp.  985.  Compare  Chartrand  v.  Southern  Ry.  Co. 
(1910),  —  S.  C.  — ,  67  S.  E.  Kep.  741. 

Carmack  amendment — Initial  carrier.  The  Carmack 
amendment  to  the  interstate  commerce  act,  making  the 
initial  carrier  of  freight  liable  for  losses  caused  by  the 
fault  of  connecting  carriers,  is  constitutional  and  valid. 
Houston  &  T.  C.  R.  Co.  v.  Lewis  (1910),  —  Tex.  — , 
129  S.  W.  Eep.  594. 

Initial  carrier — Liability.  Under  the  Hepburn  act  the 
initial  carrier  is  liable  for  the  negligence  of  connecting 
carriers  whether  the  contract  of  shipment  is  verbal  or  in 
writing.  Chicago,  R.  I.  &  P.  Ry.  Co.  v.  Miles  (1909), 
92  Ark.  573,  123  S.  W.  Rep.  775,  IS'4  S.  W.  Eep.  1043. 

The  act  of  congress  making  the  initial  carrier  liable 
for  default  on  the  part  of  connecting  carriers  held  to  be 
constitutional.  St.  Louis  &  S.  P.  R.  Co.  v.  Heyser 
(1910),  —  Ark.  — ,  130  S.  W.  Eep.  562. 

Carrier  alone  cannot  limit  liability.  The  shipper  may 
insist  upon  and  exact  unlimited  liability  on  the  part  of 
the  carrier.  Robert  v.  Chicago  £  A.  R.  Co.  (1910),  — 
Mo.  — ,  127  S.  W.  Eep.  925. 

Exclusive  rights  to  hackman.  A  railroad  may  make  a 
valid  contract  with  a  hackman  by  which  the  hackman 
has  the  exclusive  right  to  go  upon  its  trains  and  solicit 


■ 


patronage  and  does  not  pay  an3'thing  to  the  railroao 
that  privilege.  Such  an  arrangement  does  not  violate 
the  Michigan  statute  against  discrimination.  Dingman 
V.  Duluth,  S.  S.  &  A.  Ry.  Co.  (1911),  —  Mich.  — ,  130 
N.  W.  Rep.  24,  distinguishing  Hack  &  Bus  Co.  v. 
Sootsma  (1890),  84  Mich.  198,  47  N.  W.  Rep.  667,  10 
L.  R.  A.  819,  22  Am.  St.  Rep.  693,  where  the  railroad 
made  a  profit. 

Special  privileges  to  one  hackman.  A  railroad  may 
by  contract  with  one  hackman  give  him  special  privileges 
which  are  denied  to  other  hackmen,  but  cannot  prevent 
such  other  hackmen  from  entering  upon  its  station  prop- 
erty to  deliver  passengers  or  to  call  for  expected  passen- 
gers. The  special  privilege  consisted  in  entering  the 
trainshed  and  there  soliciting  new  business.  New  York 
Central  cC-  H.  R.  R.  Co.  v.  Ryan  (1911),  129  N.  Y. 
Supp.  55,  71  Misc.  Eep.  (N.  Y.)  241. 

Railroad  may  be  indicted  for  each  offense.  Where  the 
statute  makes  each  day's  violation  of  an  order  of  a  rail- 
road commission  a  separate  offense  the  railroad  may  be 
indicted  over  and  over  again.  In  one  case  the  grand 
jury  returned  166  indictments  against  a  railroad  for 
failing  for  166  days  to  construct  a  spur  track  required 
by  the  railroad  commission.  St.  Louis,  I.  M.  &  S.  Ry. 
Co.  v.  State  (1911),  —  Ark.  — ,  136  S.  W.  Eep.  938. 

Indictment  of  railroad — Form.  Form  of  indictment 
of  a  railroad  company  for  violating  the  order  of  a  rail- 
road commission  requiring  it  to  construct  a  spur  track. 
St.  Louis,  I.  M.  &  S.  Ry.  Co.  v.  State  (1911),  —  Ark. 
— ,  136  S.  W.  Kep.  938. 

No  vested  right  in  location  of  station.  A  railroad 
commission  cannot  be  enjoined  from  ordering  the  re- 
moval of  a  railroad  station  because  such  removal  will 
inflict  injury  on  persons  who  have  built  up  business  in 
proximity  to  it.  Individuals  have  a  right  of  access,  but 
not  of  proximity  to  a  railroad  station.  College  Arms 
Hotel  Co.  V.  Atlantic  Coast  Line  R.  Co.  (1911),  —  Fla. 
— ,  54  So.  Eep.  459. 

Copies  of  waybills — Evidence.  Letter-press  copies  of 
waybills  are  admissible  to  prove  the  contents  of  freight 
cars  and  the  destination  of  the  same  in  a  prosecution 
under  the  safety  appliance  act.  Louisville  &  N.  R.  Co. 
V.  U.  S.  (1911).  186  Fed.  Eep.  280. 

Injunction  to  prevent  enforcing  State  liquor  law. 
Equity  will  not  grant  an  injunction  to  protect  an  inter- 
state shipper  in  a  transaction  in  which  the  shipper  vio- 
lates the  State  law.  Danciger  v.  Stone  (1909),  187  Fed. 
Eep.  853. 

Motive  in  seeking  farm  crossing  immaterial.  A  farmer 
whose  land  reached  to  a  railroad  bought  an  acre  on  the 
far  side  of  the  railroad  in  order  to  be  entitled  to  a  farm 
crossing  under  the  Illinois  statutes.  Held  that  the  mere 
fact  that  he  bought  thic  land  for  that  purpose  did  not 
disentitle  him  to  the  crossing  and  that  the  railroad  com- 
pany was  properly  fined  for  bailing  to  put  in  the  cross- 
ing after  receiving  due  notice.  Shea  v.  Cleveland,  C.  C. 
&  St.  L.  R.  Co.  (1911),  250  111.  97,  95  N.  E.  Eep.  63. 

Statutes  not  retroactive.  A  railroad's  liability  for  loss 
of  a  shipment  is  governed  by  the  statutes  that  were  in 
force  at  the  time  the  contract  was  entered  into.  Central 
of  Georgia  R.  Co.  v.  Chicago  Varnish  Co.  (1910),  — 
Ala.  — ,  53  So.  Kep.  832. 

Shipper  may  elect  between  remedies.  A  shipper  may 
elect  between  his  common-law  remedy  against  the  car- 
rier or  the  remedy  in  the  nature  of  penalty  or  liquidated 
damages  which  is  provided  by  statute.  Zuber  v.  South- 
ery  Ry.  Co.  (1911),  —  Ga.  App.  — ,  71  S.  E.  Eep.  937. 


Digest  of  Decisions 


169 


Shipper's  remedies  held  concurrent.  A  shipper  may 
pursue  his  remedies  for  discrimination  by  suit  in  the 
State  court  and  by  another  suit  before  the  Interstate 
Commerce  Commission  at  the  same  time.  The  pend- 
ency of  the  one  suit  does  not  bar  the  other.  Hillsdale 
Coal  £  Coke  Co.  v.  Pennsijlvania  R.Co.  (1910),  229 
Pa.  61,  78  Atl.  Eep.  28. 

No  penalty  where  there  is  doubt  of,  guilt.  There 
should  be  no  conviction  under  the  penaL-provisions  of 
the  interstate  commerce  act  where  the  accused  has  taken 
a  course  that  an  intelligent  and  honest  man  might  eas- 
ily adopt  and  when  the  question  of  his  guilt  is  involved 
in  doubt.  Montpelier  &  W.  R.  Co.  v.  U.  S.  (1911),  187 
Fed.  Eep.  271. 

Limitations — Suit  barred  after  three  months.  A 
Louisiana  statute  provided  that  suits  to  set  aside  an 
order  of  the  railroad  commission  might  be  begun  within 
three  months  after  such  order  becomes  effective.  On 
November  28,  1909,  the  commission  ordered  a  railroad 
to  construct  a  station  in  a  specified  location.  More 
than  three  months  thereafter  the  railroad  began  its  suit 
to  set  aside  the  order.  Held  that  the  suit  was  too  late 
and  must  be  dismissed..^  Neiv  Orleans  &  Great  North- 
ern R.  Co.  V.  Railroad  Commission  of  La.  (1910),  126 
La.  1067,  53  So.  Eep.  322. 

Carriers  may  accept  freight  jointly.  When  a  com- 
plaint charges  that  "defendants"  accepted  certain  freight 
for  carriage  it  charges  that  they  accepted  the  same 
jointly.  "There  is  no  statute  to  prevent  two  or  more 
persons  from  jointly  or  jointly  and  severally  contract- 
ing to  transport  a  case  of  goods  from  one  place  to  an- 
other." Hirsch  v.  New  England  Navigation  Co.  (1901), 
200  N.  Y.  263,  93  N.  E.  Eep.  524. 

Sunday  in  statutes  requiring  shipper  to  load.  A  stat- 
ute imposing  a  penalty  on  the  shipper  for  failing  to  load 
within  48  hours  after  cars  furnished  includes  Sunday 
within  such  48  hours.  Gulf  Coast  &  S.  F.  Ry.  Co.  v. 
Louis  Werner  Stove  Co.  (1910),  —  Tex.  Civ.  App.  — , 
131  S.  W.  Eep.  658. 

Unusual  demand  for  cars  no  defense.  A  carrier  agreed 
with  an  orchardist  to  supply  a  certain  number  of  cars 
on  side  track  to  move  his  apple  crop.  Held  that  the  con- 
tract was  not  void  for  uncertainty  and  was  not  against 
public  policy,  and  that  the  unusual  demand  for  other 
shippers  constituted  no  defense  when  the  carrier  was 
sued  by  the  shipper  for  failing  to  furnish  the  cars.  Oregon 
Ry.  &  Nav.  Co.^v.  Dumas  (1910),  181  Fed.  Eep.  781. 

Alteration  of  shipper's  order.  The  burden  is  on  the 
shipper  to  prove  that  his  written  order  for  cars  was 
altered  after  it  was  made.  Anderson  v.  Chicago  &  N . 
F.  R.  Co.  (1911),  —  Neb.  — ,  129  N.  W.  Eep.  1008. 

Shipper's  verbal  order  for  cars.  The  Nebraska  stat- 
ute provides  that  orders  for  cars  shall  be  entered  by  the 
'  shipper  in  a  book  to  be  kept  for  that  purpose  by  the 
i  railroad.  A  shipper  verbally  ordered  cars.  The  railroad 
[  neglected  to  furnish  them.  Held  that  the  railroad  was 
not  liable  for  failure  to  comply  with  the  shipper's 
verbal  order,  and  that  the  trial  court  erred  in  admitting 
evidence  as  to  the  verbal  order.  Anderson  v.  Chicago  & 
Northwestern  R.  Co.  (1911),  —  Neb.  — ,  129  N.  W. 
Eep.  1008. 

Conditions  court  cannot  impose.  The  court,  upon 
entering  a  final  decree  after  hearing,  cannot  make  the 
operation  of  that  decree  dependent  upon  the  filing  of  a 
bond  by  the  successful  party  to  indemnify  the  losing 
party  against  loss  in  the  event  that  the  decree  should  be 
reversed  upon  appeal.      The  successful  party  has  an  abso- 


lute right  to  such  decree  as  the  evidence  and  the  law 
requires,  subject  to  no  conditions  whatever.  City  of 
Manitowoc  v.  Manitowoc  &  Northern  Traction  Co. 
(1911),  —  Wis.  — ,  129  N.  W.  Eep.  925,  927. 

Failure  to  furnish  refrigerator  cars.  Eecovery  of 
$2,758  damages  and  $500  attorney's  fees  from  a  railroad 
for  failure  to  supply  refrigerator  cars  upon  demand  to 
carry  plaintiif's  apples  from  Oregon  to  Kansas  City, 
Mo.  Martin  v.  Oregon  Ry.  &  Nav.  Co.  (1910),  —  Ore. 
— ,  113  Pac.  Eep.  16. 

Equal  protection  of  the  laws.  Equal  protection  of  the 
laws  is  not  denied  unless  one  class  of  persons,  including 
corporations^  is  denied  equal  privileges  with  those  ex- 
tended to  others  in  the  same  situation.  Louisville  & 
N.  R.  Co.  V.  Siler  (1911),  186  Fed.  Eep.  176. 

Car  records  as  evidence.  Car  records  kept  by  a  station 
agent  of  defendant  railroad  held  admissible  to  prove 
that  a  certain  car  was  used  in  interstate  traffic,  when 
offered  by  the  prosecution  in  an  action  to  recover  penal- 
ties for  violation  of  the  safety  appliance  act.  Louisville 
&  N.  R.  Co.  V.  U.  S.  (1911),  186  Fed.  Eep.  280. 

Railroad  feeding  cattle  en  route.  Where  the  railroad 
feeds  cattle  en  route  contrary  to  the  shipper's  instruc- 
tions it  cannot  recover  the  cost  of  the  feeding  from  the 
shipper.  St.  Louis,  I.  M.  &  S.  Ry.  Co.  v.  Washiim 
(1910),  —  Ark. —,  131  S.  W.  Eep.  959. 

To  recover,  plaintiff  must  prove  injury.  A  shipper 
cannot  maintain  an  action  for  damages  against  a  carrier 
for  rebating  without  proving  that  he  has  been  injured 
therebv.  Mitchell  Coal  &  Col-e  Co.  v.  Pa.  R.  Co.  (1910), 
181  Fed.  Eep.  403. 

Prior  construction  of  statute.  A  State  enacting  a  part 
of  the  interstate  commerce  act  as  its  own  does  not  adopt 
the  prior  construction  thereof  by  the  Interstate  Com- 
merce Commission.  Public  Service  Ry.  Co.  v.  Board  of 
Public  Utility  Commissioners  (1911),  —  N.  J.  — ,  80 
Atl.  Eep.  27. 

I'he  Standard  Oil  case.  Holding  company  operating 
in  violation  of  the  anti-trust  act  dissolved.  Standard 
Oil  Co.  v.  U.  S.  (1910),  —  U.  S.  — ,  31  Sup.  Ct.  Eep. 
502,  —  L.  Ed.  — ,  affirming  173  Fed.  Eep.  177. 

Right  of  way  condemnation  suit  enjoined.  Proceed- 
ings to  condemn  a  crossing  over  the  tracks  of  another 
railroad  restrained  by  temporary  injunction  pending 
hearing  as  to  the  right  to  maintain  such  condemnation 
proceedings.  Seaboard  Air  Line  Ry.  v.  Atlantic  Coast 
Line  R.  Co.  (1911),  —  S.  C.  — ,  71  S.  E.  Eep.  39. 

Cattle  cars — Maximum  load.  Cattle  cars  held  too 
heavily  loaded  when  21  bulls  were  carried  in  a  car  36 
feet  long  and  19  large  cattle  in  other  like  cars.  Each 
animal  should  have  2^/"  feet  of  space.  U.  S.  v.  New 
York  Central  R.  Co.  (1911),  186  Fed.  Eep.  541. 

Shipper's  contract — Immediate  notice  of  loss.  Con- 
tract between  a  railroad  and  a  shipper  of  cattle  held 
valid  which  provided  that,  as  a  condition  precedent  to 
bringing  suit  for  damages,  the  shipper  must  give  the 
railroad  immediate  notice  of  loss  or  injury  when  discov- 
ered, and  before  the  shipper's  cattle  are  mingled  with 
other  cattle.  Chicago,  Rock  Island  &  Pacific  Ry.  Co.  v. 
Rich  (1911),  —  Tex.  Civ.  App.  — ,  138  S.  W.  Eep.  223. 

Elkins  act — Bad  faith  unnecessary  to  offense.  Under 
the  Elkins  act  no  fraudulent  conduct,  bad  faith  or  un- 
derhanded methods  were  essential  as  part  of  the  "device" 
prohibited,  since  "the  act  seeks  to  reach  all  means  and 
methods  by  which  the  unlawful  preference  of  rebate, 
concession  or  discrimination  is  offered,  granted,  given 
or  received.     .     .     .     It  is  not  so  much  the  particu- 


I'^O 


National  Association  of  Railway  Commissioners 


lar  form  by  which  or  the  motive  for  which  this  purpose 
was  accomplished,  but  the  intention  was  to  prohibit  any 
and  all  means  that  might  be  resorted  to,  to  obtain  or 
receive  concessions  and  rebates  from  the  fixed  rates,  duly 
posted  and  published."  Armour  Pkg.  Co.  v.  U.  S.,  209 
U.  S.  56. 

Contracts  in  violation  of  regulations.  A  contract  be- 
tween a  carrier  and  a  shipper  to  trancport  the  latter's 
goods  in  interstate  or  foreign  commerce,  at  the  then 
established  rate,  for  a  definite  time,  is  ineffective  after 
a  higher  rate  has  been  filed  and  published  as  required 
by  law.    Armour  Pkg.  Co.  v.  U.  S.,  209  U.  S.  56. 

Wilful  intent.  The  use  of  the  word  "wilful"  in  the 
Elkins  act  to  characterize  offenses  thereunder  does  not 
require  that  there  should  have  been  an  evil  intent  to 
constitute  the  offense,  but  it  is  sufficient  if  the  act  was 
done  knowing  and  purposely.  C,  St.  P.,  M.  &  0.  Ry. 
Co.  V.  U.  S.,  162  Fed.  Rep.  835. 

Elkins  act — Knowledge  of  published  rate.  Under 
the  Elkins  act  a  shipper  cannot  be  convicted  of  accept- 
ing a  concession  from  the  lawfully  published  rate  with- 
out proof  of  knowledge  of  what  such  rate  in  fact  was; 
and  hence  evidence  that  the  shipper  had  no  knowledge 
of  the  published  rate  and  could  only  have  ascertained 
the  same  by  construction  of  several  tariff  sheets,  the 
application  of  which  was  questionable,  was  admissible. 
U.  8.  V.  Standard  Oil  Co.,  164  Fed.  Rep.  376. 

Rebates — Defenses.  It  is  no  defense  in  a  prosecution 
of  a  railroad  companv  for  granting  concessions  to  a 
shipper  from  its  published  rates,  in  violation  of  the 
Elkins  act,  that  such  concessions  were  granted  in  com- 
promise of  claims  against  the  company  for  loss  of  prop- 
erty in  transit.  V.  8.  v.  A.,  T.  &  S.  F.  Ry.  Co.,  163 
Fed.  Rep.  111. 

Elkins  act — Express  companies — Free  carriage  for- 
bidden. Express  companies  are  prohibited  from  giving 
free  transportation  of  personal  packages  to  their  officers 
and  employes  and  members  of  their  families,  and  to  the 
ofiBcers  of  other  transportation  companies  and  members 
of  their  families,  in  exchange  for  passage  issued  by  the 
latter  to  the  officers  of  the  express  company,  by  the 
provisions  of  the  Elkins  act,  which  forbids  all  trans- 
portation of  property  at  less  than  the  published  rates. 
American  Express  Co.  v.  U.  8.,  29  S.  Ct.  315. 

Indictment — Common  arrangement.  An  indictment 
of  a  carrier  for  failure  to  file  its  tariff  of  rates  for  pe- 
troleum, established  under  a  common  arrangement  for 
interstate  shipment,  in  violation  of  the  Elkins  act, 
alleged  the  establishment  of  a  rate  for  carrying  petro- 
leum between  intrastate  terminals,  under  a  common 
arrangement  for  a  continuous  interstate  shipment,  and 
that  each  of  the  shipments  under  such  rate  was  under 
shipping  orders,  transfer  slips  and  waybills,  showing 
that  the  commodity  was  to  be  transported  from  the 
point  of  shipment  to  destination  by  a  continuous  route 
without  unloading  or  transhipment.  Held  that  the 
indictment  sufficiently  charged  a  common  arrangement 
between  the  various  carriers  for  a  through  interstate 
shipment  under  a  joint  tariff.  United  States  v.  N.  Y. 
C.  &  H.  R.  R.  Co.,  153  Fed.  Rep.  630. 

Indictment  and  information — Duplicity.  An  indict- 
ment under  the  Elkins  law,  declaring  it  unlawful  for  a 
carrier  to  offer,  grant  or  give  a  rebate,  alleging  that 
defendant  offered,  granted  and  gave  a  rebate,  is  not 
duplicitous,  but  charges  but  one  offense.  United  States 
V.  D.,  L.  &  W.  R.  Co.,  152  Fed.  269. 

Indictment  for  giving  rebates.    An  indictment  against 


a  carrier,  alleging  that  P.  was  the  duly  authorized  agent 
of  the  S.  Company  and  vested  by  it  with  the  sole  and 
exclusive  power  and  authority  to  determine  over  which 
line  any  shipment  by  it  should  be  made;  that  defend- 
ant entered  into  an  unlawful  agreement  with  P.  whereby 
it  was  agreed  that  P.,  as  such  agent,  should  cause  S. 
to  make  large  shipments  over  defendant's  road,  and  S. 
should  pay  defendant  the  lawful  rate  for  such  ship- 
ments, and  thereafter  P.  should  present  claims  to  de- 
fendant for  a  rebate  on  such  shipments,  under  the  guise 
of  claims  for  services;  and  that  such  scheme  was  car- 
ried out,  and  defendant  made  payments  to  P.  by  way  of 
rebate — charges  a  payment  of  rebates  in  violation  of  the 
Elkins  law;  the  fact  that  the  rebate  is  paid  to  another 
than  the  shipper  being  immaterial,  though  a  payment 
which  is  but  a  commission  for  obtaining  business  for 
the  carrier  is  not  within  the  statute.  United  States  v. 
Z).,  L.  eg  TF.  7?.  Co.,  152  Fed.  Rep.  269. 

Elkins  act — Common  arrangement.  Evidence  reviewed 
and  held  sufficient  to  prove  a  "common  arrangement" 
between  connecting  carriers.    Standard  Oil  Co.  v.  U.  Sr_ 
(1910),  179  Fed.  Rep.  614.  j|| 

Carriers — Interstate  commerce.  A  shipment  frOTH' 
New  York  City  to  Buffalo,  by  way  of  New  Jersey  and 
Pennsylvania,  is  interstate  commerce,  and  so  is  subject 
to  the  provisions  of  the  Elkins  law  as  to  rebates; 
the  interstate  commerce  act  providing  that  the  pro- 
visions of  the  act  shall  apply  to  any  carrier  engaged 
in  transportation  of  passengers  or  property  from  one 
State  to  any  other  State,  and  having  a  proviso  that  the 
provisions  of  this  act  shall  not  apply  to  the  transporta- 
tion of  property  "wholly"  within  one  State.  United 
States  V.  Delaware,  L.  &  W.  R.  Co.,  152  Fed.  Rep.  269. 
Indictment — Efect  of  repeal  of  prior  statutes.  The 
provisions  of  the  Hepburn  law  (act,  June  29,  1906), 
repealing  laws  in  conflict  with  the  act,  that  "the  amend- 
ments" herein  provided  for  shall  not  affect  causes  now 
pending,  but  such  causes  shall  be  prosecuted  to  a  con- 
clusion in  the  manner  heretofore  provided  by  law,"  in 
view  of  Rev.  St.,  Par.  13,  U.  S.  Comp.  St.  1901,  p.  6, 
providing  that  "the  repeal  of  any  statute  shall  not  have 
the  effect  to  release  or  extinguish  any  penalty,  forfeiture 
or  liability  incurred,  under  such  statute,  unless  the  re- 
pealing act  shall  so  expressly  provide,  and  such  statute 
shall  be  treated  as  still  remaining  in  force  for  the  pur- 
pose of  sustaining  any  proper  action  or  prosecution  for 
the  enforcement  of  such  penalty,  forfeiture  or  liability, 
applies  to  rebate  offenses  commited  before,  but  prosecu- 
tion for  which  was  commenced  after,  the  passage  of 
such  act;  so  that  an  indictment  in  such  a  case  alleging 
that  a  carrier  "unlawfully  and  wilfully"  gave  rebates, 
which  would  be  enough  under  the  Elkins  law,  is  suffi- 
cient, though  under  the  Hepburn  law  it  would  be  neces- 
sary to  allege  that  they  were  given  "knowingly."  United 
States  V.  D.,  L.  &  W.  R.  Co.,  152  Fed.  270. 

Statutes— Repeal — Construction.     The  saving  clause 
contained  in  section  10  of  the  Hepburn  act,  approve^j 
June  29,  1906,  repeals  section  1  of  the  Elkins  act.       ^H 

In  the  absence  of  language  expressing  such  intention, 
the  release  from  liability  and  punishment  by  congress 
of  prior  offenders  against  the  provisions  of  the  Elkina 
act  is  not  implied,  although  from  the  abundance  of 
caution,  and  perhaps  to  "prescribe  a  mode  of  procedure," 
congress  inserted  the  provision  in  the  repealing  act  that 
pending  causes  should  not  be  affected  thereby.  Under 
section  13  of  the  Revised  Statutes,  which  conceded  ly 
abrogated  the  common-law  rule,  no  repealing  statute 
can  be  given  the  effect  of  putting  an  end  to  the  punish- 

m\ 


Digest  of  Decisions 


171 


ment  for  an  offense  previously  committed  and  for  which 
an  indictment  will  lie,  unless  the  repealing  act  expressly 
so  declares.  United  States  v.  N.  Y.  C.  &  H.  R.  R.  Co., 
153  Fed.  Eep.  630.  [See  note  to  United  States  v.  R.  R. 
Downing  &  Co.,  76  C.  C.  A.  381.  For  divergence  of 
judiciarview,  see  Lang  v.  U.  S.,  133  Fed.  201,  66  C.  C. 
A.  255;  U.  8.  v.  R.  R.  Co.,  151  Fed.  84.] 

Criminal  law — Intent — Simple  purpose  to  do  forbid- 
den act  which  is  not  malum  in  se  is  sufficient.  The  only 
criminal  intent  requisite  to  a  conviction  of  an  offense 
created  by  statute,  which  is  not  malum  in  se,  is  the  pur- 
pose to  do  the  act  in  violation  of  the  statute.  No  moral 
turpitude  or  wicked  intent  is  essential  to  conviction  for 
such  a  crime.  Armour  Packing  Co.  v.  United  States, 
153  Fed.  1,  S.  C.  209,  U.  S.  56. 

Elhins  act — Statutory  law  enters  into  and  forms  a 
part  of  contracts — Contracts  to  maintain  established 
rates  illegal.  If  the  shipper  sees  fit  to  make  a  contract 
covering  a  definite  period  for  a  rate  in  force  at  the  time, 
he  must  be  taken  to  have  done  so,  subject  to  the  possible 
change  in  the  published  rate  in  the  manner  fixed  by 
statute,  to  which  he  must  conform  or  suffer  the  penalty 
fixed  by  law.    Id.,  209  U.  S.  56. 

Elkins  act — Rebates.  Transportation  of  merchandise 
by  a  carrier  for  less  than  t'he  published  rate  is,  under 
the  Elkins  act,  a  single  continuing  offense,  continuously 
committed  in  each  district  through  which  the  trans- 
portation is  conducted  at  the  prohibited  rate,  and  is  not 
a  series  of  separate  offenses,  and  the  provision  in  the 
law  making  such  an  offense  triable  in  any  of  those  dis- 
tricts confers  jurisdiction  on  the  court  therein,  and  does 
not  violate  section  2  of  article  3  or  the  sixth  amendment 
to  the  federal  constitution,  providing  that  the  accused 
shall  be  retried  in  the  State  and  district  where  the  crime 
was  committed.  Armour  Packing  Company  v.  United 
States,  209  U.  S.  56. 

Diversion  of  shipment — Shortage  of  cars.  A  shortage 
of  cars  is  not  such  a  "necessity"  as  permits  a  carrier  to 
divert  a  shipment  of  freight  to  other  lines  than  those 
specified  by  the  shipper.  Dickerson  v.  Louisville  &  N. 
R.  Co.  (1910),  187  Fed.  Eep.  874. 

Goods  misrouted— Shipper  must  pay  in  full.  Where 
the  initial  carrier  sends  goods  by  a  needlessly  round- 
about route,  the  connecting  carriers  who  carry  it  must 
charge  the  full  rate  prescribed  by  the  Interstate  Com- 
merce Commission.  The  shipper's  remedy  is  a  suit  for 
damages  against  the  initial  carrier.  Louisiana  Ry.  & 
Navigation  Co.  v.  Holly  (1911),  —  La.  — ,  53  So.  Eep. 
882. 

Delivery  on  side  track.  A  railroad  which  has  long 
been  in  the  habit  of  delivering  cars  of  ice  on  the  side 
track  of  a  dealer  may  discontinue  doing  so  at  any  time 
and  without  notice.  It  is  under  no  obligation  to  deliver 
on  private  tracks  in  the  absence  of  statute  or  rule  of  the 
railroad  commission.  Western  &  A.  R.  Co.  v.  Haig  & 
Puryear  (1911),  —  Ga.  — ,  T'l  S.  E.  Eep.  792. 

Street  railway  fares — Extension  of  city  limits.  An 
ordinance  of  1907  granting  to  a  street  railway  the  right 
to  charge  a  5-eent  fare  to  the  city  limits  construed  to 
mean  that  the  railway  could  not  charge  more  than  5 
cents  for  a  ride  to  any  future  limits  to  which  the  city 
might  be  extended.  State  v.  Seattle  R.  &  S.  Ry.  Co. 
(1911),  —  Wash.  — ,  116  Pac.  Rep.  638. 

Misinforming  shipper  as  to  rates.  A  shipper  cannot 
recover  damages  caused  by  a  railroad  agent's  mistake  in 
misinforming  as  to  the  cost  of  carrying  wheat,  which  he 
is  about  to  sell,  to  its  destination  in  another  State,  the 


proper  schedule  being  on  file  with  the  Interstate  Com- 
merce Commission.  Schenbergcr  v.  Union  Pacific  R. 
Co.  (1910),  —  Kan.  — ,  113  Pac.  Eep.  433. 

Anti-trust  act — Patent  medicine  contract.  Contract 
to  maintain  list  prices  of  proprietary  medicines  and  pre- 
vent rate  cutting  held  unlawful  both  at  common  law  and 
under  the  anti-trust  act  of  July  2,  1890.  Dr.  Miles' 
Medical  Co.  v.  John  D.  Parks  &  Sons  Co.  (1911),  — 
U.  S.  — ,  31  Sup.  Ct.  Eep.  376,  —  L.  Ed.  — ,  affirming 
164  Fed.  Eep.  803. 

Fire  caused  by  sparks — Tender.  Where  a  statute  im- 
poses a  double  liability  for  loss  by  fire  caused  by  sparks 
from  a  locomotive  unless  the  railroad  pays  within  60 
days  after  notice  of  loss,  tender  of  payment  made  by 
the  railroad  more  than  60  days  after  notice  is  no  de- 
fense in  an  action  for  double  damages.  Kramm  v.  South 
Dakota  Central  R.  Co.  (1910),  —  S.  D.  — ,  127  N.  W. 
Rep.  655. 

Venue  of  suits  against  carrier.  A  California  corpo- 
ration may  maintain  its  suit  in  an  Illinois  court  against 
a  Kansas  corporation  to  recover  damages  caused  by  de- 
lay in  the  transportation  of  bananas  from  New  Orleans, 
La.,  to  Los  Angeles,  Cal.  Frank  Simpson  Fruit  Co.  v. 
Atchison,  T.  &  S.  F.  Ry.  Co.  (1910),  245  111.  596,  92 
N.  E.  Eep.  524.  Compare  Brisbane  v.  Pennsylvania  R. 
Co.  (1911),  125  N.  Y.  Supp.  1043. 

Standard  Oil  Co.  rebate  case — Elkins  act — Knoivledge 
of  rates  necessary.  Under  the  Elkins  act  making  it  unlaw- 
ful for  any  person  or  corporation  to  accept  or  receive 
any  rebate,  a  shipper  cannot  be  convicted  of  accepting 
a  concession  from  the  lawfully  published  rate  without 
proof  of  knowledge  of  what  such  rate  in  fact  was,  and 
hence  evidence  that  the  shipper  had  no  knowledge  of 
the  published  rate  and  could  only  have  ascertained  the 
same  by  construction  of  several  tariff  sheets,  the  appli- 
cation of  which  was  questionable,  was  admissible. 
Standard  Oil  Co.  v.  U.  S.,  164  Fed.  376. 

What  constitutes  an  "offense."  The  gist  of  the  offense 
is  the  receipt  of  a  concession,  irrespective  of  whether  the 
property  involved  is  trainloads,  carloads  or  pounds,  and 
it  consists  of  a  "transaction"  which  is  not  completed 
until  the  shipper  receives  a  rate  different  from  the  estab- 
lished rate  without  reference  to  the  size  of  the  shipment. 
Id.,  164  Fed.  376. 

Elkins  act — To  what  period  applies.  The  Elkins  act 
is  in  full  force  as  to  offenses  created  thereby  committed 
prior  to  the  time  it  was  superseded  by  the  Hepburn  act. 
U.  S.  V.  Ot.  Northern  Ry.  Co.  (1907),  157  Fed.  Eep. 
288. 

The  Elkins  act— Effect  of  Hepburn  act.  In  so  far 
as  the  Elkins  act  provided  for  punishment  of  corporate 
carriers  in  granting,  and  corporate  shippers  in  know- 
ingly accepting,  rebates  or  discrimination  from  legal 
rates  and  tariffs,  it  was  not  abrogated  or  repealed  by 
the  Hepburn  act,  but  was  preserved,  and  so  far  as  it 
provided  for  the  punishment  of  such  acts  when  not 
knowingly  done,  it  was  repealed.  Gt.  Nor.  Ry.  Co  v 
U.  S.,  208  U.  S.  452. 

Safety  Appliance  Act. 

(Act  March  2,  1893,  p.  196,  Sec.  127,  Stat.  531,  F. 
S.  Comp.  St.  1901,  p.  3194,  by  Act  March  2,  1903, 
p.  976,  See.  132,  Stat.  943,  U.  S.  Comp.  St.  Supp. 
1905,  603.)  ^^ 


Purpose — Equipment — Federal  regulations.     The  act 
of  1893  makes  it  unlawful  for  a  company  to  do  certain 


172 


National  Association  of  Railway  Commissioners 


things.  (First)  To  haul  a  car.  (Second)  To  permit 
the  car  to  be  hauled.  (Third)  To  permit  a  car  to  be 
used.  All  three  of  these  prohibitions  are  with  reference 
to  cars  used  only  in  interstate  traffic,  which  are  not 
equipped  with  couplers  coupling  automatically  by  im- 
pact and  which  can  be  uncoupled  without  the  necessity 
of  men  going  between  the  ends  of  the  cars. 

Two  of  the  purposes  for  which  the  safety  appliance 
act  of  1893  was  amended  by  act  of  1903  were  (1)  to 
include  certain  vehicles,  omitted  by  the  former  statutes, 
and  (2)  to  include  cars  "used"  by  an  interstate  carrier 
on  any  part  of  its  line.  The  original  statute  was  broad- 
ened, and  not  restricted,  by  substitution  of  the  word 
"use"  for  the  words  "haul  and  use." 

When  the  interstate  carrier  hauls  cars  considerably 
damaged  by  derailment,  so  that  the  coupling  devices  are 
gone,  379  miles  past  three  or  more  places  where  repair- 
ing is  done,  in  order  to  make  the  repairs  at  larger  and 
better  equipped  shops,  it  violates  the  safety  appliance 
law.  United  States  v.  C,  M.  &  St.  P.  By.  Go.,  149 
Fed.  486. 

Safety  appliance  act — Power  or  train  irakes — Freight 
cars.  The  act  of  congress,  March  2,  1893,  commonly 
known  as  the  safety  appliance  law,  amended  April  1, 
1896,  was  further  amended  in  particulars  by  the  act 
approved  March  2,  1903.  The  second  section  of  this 
amendment  relates  to  the  use  of  power  or  train  brakes, 
and  requires  that  whenever  any  train  is  operated  with 
such  brake  as  provided  in  the  original  act,  "not  less 
than  fifty  per  centum  of  the  cars  in  such  train  shall 
have  their  brakes  used  and  operated  by  the  engineer  of 
the  locomotive  drawing  such  train."  It  also  required 
that  all  power-braked  cars  in  such  train  which  are  asso- 
ciated together  with  said  fifty  per  centum  shall  have 
their  brakes  so  used  and  operated.  A  further  provision 
empowers  the  Interstate  Commerce  Commission  from 
time  to  time,  after  a  full  hearing,  to  increase  the  mini- 
mum percentage  of  cars  in  "any  train  required  to  be 
operated  with  power  or  train  brakes,  which  must  have 
their  brakes  used  and  operated  as  aforesaid."  The  man- 
ifest purpose  of  the  amended  safety  appliance  law  is 
that  all  freight  cars  shall  be  equipped  with  air-brakes, 
and  that  all  brakes  shall  be  used  and  operated,  and  such 
conditions  are  necessary  to  the  safety  of  both  railway 
employes  and  the  traveling  public,  besides  facilitating 
traffic  movements  and  resulting  in  the  handling  of  traf- 
fic with  greater  economy.  As  a  means  of  hastening  the 
operation  of  trains  with  a  full  comolement  of  air-brakes 
and  the  removal  from  service  of  the  old  and  compara- 
tively unsafe  cars  which  are  now  unequipped  the  com- 
mission held  that  the  minimum  percentage  of  air-braked 
freight  cars  in  trains  on  railroads  used  in  interstate  com- 
merce shall  stand  increased  to  75  per  cent  on  and  after 
August  1,  1906.  In  re  Power  or  Train  Brakes,  11  Int. 
Com.  Comm.  Rep.  429. 

Safety  appliance  act— Construction.  The  undoubted 
purpose  of  congress  in  enacting  the  safety  appliance 
law  was  humanitarian,  and  such  statutes  should  not  be 
frittered  away  by  judicial  construction.  A  statute,  like 
a  contract,  must  be  held  up  by  the  four  corners  and 
examined,  and  when  remedial  in  its  nature  it  must  be 
examined  in  the  light  of  history,  and  its  purposes  and 
the  then  existing  evils  which  were  to  be  corrected  rem- 
edied and  prevented.  United  States  v.  C,  M.  &  St.  P. 
By.  Co.,  149  Fed.  186. 

Defective  coupling.  Where  a  coupler  couples  by  im- 
pact, but  cannot  be  uncoupled  unless  the  brakeman  or 


switchman  go  between  or  over  or  under  the  cars,  or 
around  the  end  of  the  train,  in  order  to  reach  the  appli- 
ance on  the  connecting  car,  such  a  coupling  is  defective 
and  prohibited  by  law.  United  States  v.  C.,  M.  &  St. 
P.  By.  Co.,  149  Fed.  186. 

Safety  appliance  act — Assumption  of  risk — Contribu- 
tory negligence.  Section  8  of  the  automatic  coupler 
act  having  exonerated  the  employe  from  assumption  of 
risk  under  specified  conditions,  the  employe's  rights  in 
that  regard  should  not  be  sacrificed  by  charging  him 
with  assumption  of  risk  under  another  name,  for  exam- 
ple, with  contributory  negligence.  Schlemmer  v.  Buf- 
falo, B.  &  P.  By.  Co.,  205  U.  S.  1. 

Defective  couplings — Assumption  of  risk.  The  Soo 
road  brought  from  Wisconsin  into  Minnesota  a  Wabafh 
car  and  delivered  it  loaded  with  coal  to  the  Great  North- 
em,  which  unloaded  it  and  placed  it  on  a  siding  to  l>e 
delivered  back  to  the  Soo  road  to  be  loaded  with  shinglns 
and  returned  to  Wisconsin.  The  automatic  couplirg 
was  defective  and  while  Johnson,  a  brakeman  acd 
repairman,  was  removing  a  bent  coupling  pin  he  wis 
injured.  Held  that  the  car  was  being  used,  and  John- 
son was  employed,  in  interstate  commerce  at  the  time  ( 'f 
the  injury  and  that  assumption  of  risk  and  contributoi  y 
negligence  were  no  defense  to  his  suit.  Johnson  ■. 
Great  Northern  By.  Co.  (1910),  178  Fed.  Rep.  643. 

Imperfect  or  incomplete  couv^'irs.  A  railroad  con  - 
panv  is  subject  to  the  penalty  p.  ovided  for  violation  c  f 
act,"  March  2,  1893,  C.  193,  Sec.  2,  27  Stat.  531,  I  v 
using  a  car  in  moving  interstate  traffic  not  equipped  wit  i 
automatic  couplers  when,  although  the  car  is  so  equippec , 
the  coupler  is  so  defective  or  out  of  repair  as  not  to  1  e 
efficient  to  prevent  the  necessity  of  men  going  betweer 
the  ends  of  the  cars  to  make  couplings ;  and  the  san  e  ; 
liability  follows  if  the  parts  of  a  coupler,  although  i'-  ' 
perfect  condition,  are  not  connected.  United  States  . 
Great  Northern  By.  Co.,  150  Fed.  329. 

Equipment  of  trains  —  Safety  appliance  —  Defectii  e 
foreign  cars.  If  an  interstate  carrier  receives  and  hau  s 
a  defectively  equipped  foreign  car,  which  it  cannot  1  e 
required  to  do,  it  violates  the  federal  asfety  applian(  e 
acts.  United  States  v.  C,  M.  &  St.  P.  By.  Co.,  14  9j 
Fed.  186.  11 

Foreign  cars.    When  a  railroad  company  hauls  o^  ™ 
its  line  a  car  having  a  defect  covered  by  the  safety  appl  - 
ance  act  it  is  liable  for  the  penalty  provided  by  said 
statute.     United  States  v.   Chicago,  etc.,  B.   Co.  ard 
Litchfield,  etc.,  B.  Co.,  11  Int.  Com.  Rep.  698. 

Applies  to  Pullman  cars.  The  safety  appliances  aot 
of  congress  held  to  apply  to  Pullman  cars  used  in  intra- 
state commerce  when  they  form  part  of  a  train  son  c 
cars  of  which  are  being  used  in  interstate  commerc:. 
All  cars  in  such  a  train  must  be  provided  with  "gra'i- 
irons."  Norfolk  &  W.  B.  Co.  v.  United  States  (1910), . 
177  Fed.  Rep.  623.  jH 

Applies  to  steam  shovel  car — Locomotives.    In  JoffiM 
son  V.  Southern  Pacific  Bailway  Company,  196  TJ.  S.  l3 
it  was  observed,  "Tested  by  context,  subject-matter  anif^ 
object,  'any  car'  meant  all  kinds  of  cars  running  on  tlie 
rails,  including  locomotives."    The  object  was  to  protci  t 
the  lives  and  limbs  of  railroad  employes  by  rendering  it 
unnecessary  for  a  man  operating  the  couplers  to  go  be- 
tween the  ends  of  the  cars.    These  considerations  applv 
to  shovel  cars.    Schlemmer  v.  Buffalo,  B.  &  P.  By.,  20") 
U.  S.    .     .     . 

Appliances  must  he  kept  in  good  repair.    A  common 
carrier  cannot  excuse  itself  from  compliance  with  the 


Digest  of  Decisions 


173 


statutory  requirements  by  showing  that  a  particular 
equipment  is  out  of  repair;  for  to  permit  it  to  do  so 
would  enable  it  to  require  brakemen  to  enter  between 
ears  for  the  purpose  of  coupling  or  uncoupling  them, 
thereby  defeating  the  purpose  of  the  law  altogether. 
Employes  can  only  be  protected  from  danger  by  the 
safety  appliances  being  kept  in  repair.  United  States  v. 
Great  Northern  Ry.  Co.,  150  Fed.  229.      , 

Safety  appliance  act — Applies  to  car  aeing  switched 
for  destination  in  another  State.  The  car  involved  was 
hauled  from  one  of  the  defendant's  yards  to  another, 
the  movement  being  preparatory  to  going  upon  the  main 
line  toward  destination  in  another  State.  The  court 
held  that  this  car  was  used  in  interstate  commerce, 
within  the  meaning  of  the  safety  appliance  act  as  inter- 
preted by  the  Supreme  Court  in  Johnson  v.  So.  Pacific 
Co.,  196  U.  S.  . . ;  United  States  v.  Pittsburgh,  etc.,  R. 
Co.,  11  Int.  Com.  Eep.  696. 

Safety  appliance  act  constitutional.  It  is  "settled 
law"  that  the  safety  appliance  act  of  March  3,  1893,  is 
constitutional.  Chicago,  Rock  Island  &  Pacific  R.  Co. 
V.  Brown  (1911),  185  Fed.  Rep.  80. 

Construction  of  safety  appliance  act.  A  penal  statute 
like  any  other  must  be  so  construed  as  to  give  effect  to 
the  intention  of  congress.  United  States  v.  St.  Louis 
S.  W.  Ry.  Co.  (1910),  184  Fed.  Rep.  28. 

Duty  to  maintain  couplers  absolute.  The  safety  ap- 
pliance act  of  March  2,  1893,  imposed  upon  interstate 
carriers  the  absolute  duty  to  provide  their  cars,  when 
moving  interstate  traffic,  with  the  required  couplers,  and 
keep  them  in  proper  condition,  and  that  without  any 
reference  to  the  care  or  diligence  which  might  have  been 
exercised.  Delk  v.  St.  Louis  &  S.  F.  R.  Co.  (1910), 
—  U.  S.  — ,  31  Sup.  Ct.  Rep.  G17,  621,  —  L.  Ed.  — , 
reversing  158  Fed.  Rep.  931,  14  Am.  &  Eng.  Ann.  Cas. 
233 ;  Chicago,  Burlington  &  Q.  R.  Co.  v.  United  States 
(1910),  —  U.  S.  — ,  31  Sup.  Ct.  Rep.  612,  —  L.  Ed. 
— ,  affirming  170  Fed.  Rep.  556. 

Safety  appliance  act — Yard  engines.  A  yard  engine 
used  in  interstate  commerce  must  be  provided  with  grab 
irons  or  hand  holds,  both  on  the  end  and  on  the  sides,  in 
addition  to  those  on  the  tender.  United  States  v.  Balti- 
more &  0.  R.  Co.  (1910),  184  Fed.  Rep.  94. 

Safety  appliance  act — Hopper  cars.  Instance  of  re- 
covery of  damages  because  of  the  death  of  a  brakeman 
caused  by  falling  through  a  defective  door  in  the  l)ottom 
of  a  hopper  bottom  gondola  car.  St.  IjOuIs,  L  M.  &  S. 
Ry.  Co.  V.  Eesterly  (1911),  —  Ark.  — ,  135  S.  W.  Rep. 
874. 

Safety  appliance  act— Penalty  for  single  offense.  Un- 
der the  safety  appliance  act  a  penalty  may  be  recovered 
for  each  defective  car  used  in  a  single  movement  of  an 
interstate  train.  United  States  v.  St.  Louis  S.  W.  Ry. 
Co.   (1910),  184  Fed.  Rep.  28. 

Safety  appliance  act — Form  of  indictment.  Indict- 
ment for  violating  the  federal  safety  appliance  act  need 
not  aver  that  the  railroad  acted  knowingly  or  neg- 
ligently. It  is  sufficient  that  in  each  court  the  alleged 
dereliction  of  the  defendant  is  set  forth  in  the  language 
of  the  statute,  together  with  the  time,  the  place,  the 
car  and  the  particular  part  of  the  car  where  the  defect 
existed  as  well  as  the  nature  of  the  defect.     United 

,  States  V.  Oregon  Short  Line  Ry.  Co.  (1908),  180  Fed. 

\  Rep.  483. 

\  Safety  appliance  act — Form  of  indictment.  Form  of 
indictment  for  violation  of  safety  appliance  act.  Louis- 
ville &  N.  R.  Co.  V.  U.  S.  (1911),  186  Fed.  Rep.  280. 


Safety  appliance  act — Negligence  per  se.  Where  the 
safety  appliance  on  the  side  of  one  car  in  a  train  moving 
slowly  in  a  large  freight  yard  is  out  of  order  so  that 
it  will  not  lift  the  pin  out  of  the  coupling,  it  is  not 
negligence  per  se  for  a  brakeman  to  go  between  the  cars 
to  uncouple  them  with  his  hands.  Chicago,  Rock  Island 
&  P.  R.  Co.  V.  Brown  (1911),  185  Fed.  Rep.  80. 

Safety  appliance  act — Excuses.  No  excuses  are  ad- 
missible in  evidence  in  a  suit  by  the  government  to  re- 
cover penalties'  for  violations  of  the  safety  appliance 
act.  The  duty  to  equip  cars  in  accordance  with  its 
provisions  is  absolute.  Galveston.  H.  &  S.  R.  Co.  v. 
United  States  (1910),  183  Fed.  Rep.  579. 

Due  care  no  defense  for  railroad  prosecuted  under 
safety  appliance  act.  An  interstate  carrier  cannot  escape 
liability  for  the  penalties  imposed  by  the  safety  ap- 
pliance act  of  March  2,  1893,  by  proving  that  it  exer- 
cised reasonable  care  to  have  and  keep  in  repair  the 
appliances  required  by  the  act.  The  duty  to  have  said 
appliances  on  its  rolling  stock  and  to  keep  them  in  re- 
pair rests  upon  it  as  an  absolute  duty.  Chicago,  Bur- 
lington &.  Q.  R.  Co.  V.  U.  S.  (1910),  —  U.  S.  — ,  31 
Sup.  Ct.  Rep.  612,  affirming  170  Fed.  Rep.  556. 

Safety  appliance  act — Empty  freight  car.  An  empty 
freight  car  brought  in  by  an  interstate  train,  repaired 
by  a  switchman  and  taken  out  by  another  interstate 
train  was  being  used  in  interstate  commerce  and  the 
provisions  of  the  safety  appliance  act  governed  a  suit 
to  recover  damages  for  the  death  of  a  switchman  which 
was  caused  bv  defects  in  the  coupling.  Erie  R.  Co.  v. 
Russell  (1910),  183  Fed.  Rep.  722. 

Safety  appliance  act — Passenger  cars.  The  safety 
appliance  act  applies  to  passenger  as-  well  as  freight 
cars.  U.  S.  v.  Norfolk  &  W.  Ry.  Co.  (1910),  184 
Fed.   Rep.   99. 

Safety  appliance  act — Repairing  empty  freight.  An 
empty  freight  car  that  was  used  indifferently  both 
in  state  and  interstate  traffic  was  being  moved  on  a 
local  train  from  Yalu,  Tenn.,  to  repair  yards  near  Knox- 
ville,  Tenn.,  when  a  brakeman  had  his  arm  taken  off 
through  a  defect  in  the  couplings.  Held  that  the  car  was 
not  engaged  in  interstate  commerce  while  being  so 
moved  and  that  the  federal  safety  appliance  act  did 
not  apply  to  it.  Southern  Ry.  Co.  v.  Snyder  (1911), 
187  Fed.  Rep.  492. 

Safety  appliance  act  applies  to  every  car.  The  safety 
appliance  act  applies  to  every  car  in  a  train,  any  part  of 
which  train  is  being  used  in  interstate  commerce.  It 
matters  not  whether  the  defective  •  car  is  coupled  im- 
mediately to  the  car  used  in  interstate  commerce  or  not. 
United  States  v.  Western  &  Atlantic  R.  Co.  (1910), 
184  Fed.  Rep.  336. 

Safety  appliance  act — Contributory  negligence.  Con- 
tributory negligence  was  not  excluded  as  a  defense  by  the 
safety  appliance  act  of  March  3,  1893.  Schlemmer  v. 
Buffalo,  Rochester  &  Pittsburgh  R.  Co.  (1910),  United 
States,  31  Sup.  Ct.  Rep.  561,  —  L.  Ed.  — ,  affirming  222' 
Pa.  470,  71  Atl.  Rep.  1053. 

Safety  Appliance  Act  Decisions. 

Section  2  of  act  applies  to  locomotives — When  car  is 
used  in  interstate  commerce.  Plaintiff  was  acting  as 
head  brakeman  on  a  freight  train  of  the  Southern  Pa- 
cific Co.,  which  was  making  its  regular  trip.  On  reach- 
ing a  certain  town  he  was  directed  to  uncouple  the 
engine  from  the  train  and  couple  it  to  a  dining  car  be- 


174 


National  Association  of  Railway  Commissioners 


longing  to  the  company,  which  was  standing  on  a  side 
track,  for  the  purpose  of  turning  the  car  around  pre- 
paratory to  being  picked  up  and  put  on  the  next 
passenger  train.  The  dining  car  was  used  constantly 
to  furnish  meals  to  passengers  between  San  Francisco, 
Cal.,  and  Ogden,  Utah,  and  dropped  off  at  the  town 
where  the  accident  occurred  in  order  to  be  picked  up 
by  a  westbound  interstate  train.  ,  Plaintiff  was  ordered 
to  go  between  the  engine  and  dining  car  to  accomplish 
the  coupling  and  was  injured  by  reasoij  of  the  failure 
of  defendant  to  comply  with  the  safety  appliance  act. 
The  Circuit  Court  of  Appeals  held  that  section  2  of 
the  act  did  not  apply  to  locomotives  and  that  inasmuch 
as  the  car  was  empty  and  had  not  actually  entered  upon 
the  trip,  it  was  not  "used"  in  moving  interstate  traffic 
and  hence  was  not  subject  to  the  act.  (117  Fed.  Eep. 
462.)  On  appeal  the  Supreme  Court  reversed  the 
judgment  on  both  points,  saying  inter  alia: 

"We  are  unable  to  accept  these  conclusions.  The 
intention  of  congress,  declared  in  the  preamble  and 
in  sections  1  and  2  of  the  act,  was  to  promote  the 
safety  of  the  employes  and  travelers  upon  railroads  by 
compelling  common  carriers  engaged  in  interstate  com- 
merce to  equip  their  cars  with  automatic  couplers  and 
continuous  brakes  and  their  locomotives  with  driving 
brakes,  those  brakes  to  be  accompanied  with  appliances 
for  operating  the  train-brakes  system ;  and  every  car 
to  be  equipped  with  couplers  coupling  automatically  by 
impact,  and  which  can  be  uncoupled  without  the  neces- 
sity of  men  going  between  the  ends  of  the  cars  whereby 
the  danger  and  risk  consequent  on  existing  systems  was 
averted  as  far  as  possible- 

"The  present  case  is  that  of  an  injured  employe,  and 
involves  the  application  of  the  act  in  respect  of  auto- 
matic couplers,  the  preliminary  question  being  whether 
locomotives  are  required  to  be  equipped  with  such 
couplers.  And  it  is  not  to  be  successfully  denied  that 
they  are  so  required  if  the  words  'any  car'  of  the 
second  section  were  intended  to  embrace,  and  do  em- 
brace, locomotives.  But  it  is  said  that  this  cannot  be 
so  because  locomotives  were  elsewhere  in  terms  required 
to  be  equipped  with  power  drive-wheel  brakes,  and 
that  the  rule  that  the  expression  of  one  thing  excludes 
another  applies.  That,  however,  is  a  question  of  inten- 
tion, and  as  there  was  special  reasons  for  requiring  loco- 
motives to  be  equipped  with  power  drive-wheel  brakes, 
if  it  was  also  necessary  that  locomotives  should  be 
equipped  with  automatic  couplers,  and  the  word  'car' 
would  cover  locomotives,  then  the  intention  to  limit  the 
equipment  of  locomotive  to  power  drive-wheel  brakes 
because  they  were  separately  mentioned,  could  not  be 
imputed.  Now  it  was  necessary  for  the  safety  of  em- 
ployes, in  coupling  and  uncoupling,  the  locomotives 
should  be  equipped  with  automatic  couplers,  as  it  was 
that  freight  and  passengers  and  dining  cars  should  be, 
perhaps,  more  so,  as  Judge  Thayer  suggests,  'since 
engines  have  occasion  to  make  coupling  more  frequently.' 
Locomotive  engines  are  included  by  the  words  'any 
car,'  contained  in  section  2,  act  March  2,  1893,  27  Stat. 
531,  c.  196.     .     .     . 

"Counsel  urges  that  the  character  of  the  dining  car 
at  the  time  and  place  of  the  injury  was  local  only  and 
could  not  actually  be  engaged  in  interstate  movement, 
or  being  put  into  the  train  for  such  use,  and  Coe  v. 
Errol,  116  V.  S.  517,  is  cited  as  supporting  that  con- 
tention. In  Coe  V.  Errol  it  was  held  that  certain  logs 
cut  in  New  Hampshire  and  hauled  to  a  river  that  they 


might  be  transported  to  Maine,  were  subject  to  taxation 
in  the  former  State  before  transportation  had  begun. 

"The  distinction  between  merchandise  which  may  be- 
come an  article  of  interstate  commerce,  or  may  not, 
and  an  instrument  regularly  used  in  moving  interstate 
commerce,  which  has  stopped  temporarily  in  making 
its  trips  between  two  points  in  different  States,  render 
this  and  like  cases  inapplicable.     .     .     . 

"The  presumption  is  that  it  was  stocked  for  the  re- 
turn, and  as  it  was  not  a  new  car  or  a  car  just  from 
the  repair  shops  on  its  way  to  field  of  labor,  it  was  not 
'an  empty*  as  that  term  is  sometimes  used.  Besides., 
whether  cars  are  empty  or  loaded,  the  danger  to  em- 
ployes is  practically  the  same,  and  we  agree  with  the 
observation  of  District  Judge  Shiras  in  Voelker  v.  Rail- 
way Co.,  116  Fed.  Eep.  867,  that  it  cannot  be  true  that 
on  the  eastern  trip  the  provisions  of  the  act  of  congress 
would  be  binding  upon  the  company,  because  the  car 
was  loaded,  but  would  not  be  binding  upon  the  return 
trip,  because  the  car  was  empty."  Johnson  v.  Southern 
Pacific  Co.,  196  U.  S.  1. 

Construction  of  statute — Phrase,  "Without  the  neces- 
sity of  men  going  between  the  ends  of  the  cars,"  applies 
to  the  act  of  coupling  as  well  as  uncoupling.  In  John- 
son V.  Southern  Pacific  Co.,  supra,  the  contention  that 
the  words  "without  the  necessity  of  men  going  between 
the  ends  of  the  ears,"  as  used  in  section  2,  apply  only 
to  the  act  of  uncoupling,  was  dismissed  as  without  merit, 
the  court  saying  that  the  phrase  literally  covers  both 
coupling  and  uncoupling.  The  risk  in  coupling  and 
uncoupling  was  the  evil  sought  to  be  remedied,  and 
that  risk  was  to  be  obviated  by  the  use  of  couplers 
actually  coupling  automatically.  The  intention  is  found 
in  the  language  actually  used,  interpreted  according  to 
its  fair  and  obvious  meaning. 

Statutes  in  derogation  of  the  common  law  and  penal 
statutes  are  not  to  be  construed  so  strictly  as  to  defeat 
the  obvious  intention  of  congress  as  found  in  the  lan- 
guage actually  used  according  to  its  true  and  obvious 
meaning.    Johnson  v.  Southern  Pac.  Co.,  196  U.  S.  1 

Constitutionality- — Practice  —  Pleading  —  Burden  of 
proof.  The  federal  safety  appliance  act,  as  amended 
by  the  acts  of  April  1,  1896,  and  March  2,  1903,  is 
within  the  constitutional  power  of  congress  to  regulate 
commerce. 

An  action  by  the  United  States  against  a  railroad 
company  to  recover  penalties  for  violations  of  the  act 
is  one  of  debt  and  is  governed  by  the  rules  of  pleading 
prevailing  in  the  State  where  the  suit  is  brought. 

In  such  an  action  it  is  not  necessary  that  the  com- 
plaint should  allege  a  specific  date  in  describing  the 
violations,  or  that  the  defendant  had  not  used  due  care 
or  ordinary  diligence  in  making  an  inspection  or  in 
repairing  such  defects  as  that  inspection  may  have  dis- 
closed; the  purpose  of  the  statute  being  to  make  a 
railroad  company  liable  unconditionally  for  its  violation. 
And  the  burden  of  proof  in  such  a  case  rests  upon  the 
defendant  to  bring  itself  within  the  proviso  excepting 
from  the  provisions  of  the  act  four-wheeled  standard 
logging  cars.  United  States  v.  Atlantic  Coast  lAne  R. 
Co.,  153  Fed.  918. 

State  courts  have  jurisdiction.  Where  a  switchman 
brings  a  suit  in  a  State  court  against  a  railroad  to  re- 
cover damages  for  injuries  to  him  caused  by  its  neg- 
ligence in  the  operation  and  equipment  of  its  locomo- 
tive, the  railroad  cannot  remove  the  cause  to  the  U.  S. 
Court   upon   showing   that   the    railroad   is   an   inter- 


Digest  of  Decisions 


175 


state  carrier  and  that  the  alleged  negligence  is  in  failing 
to  equip  its  locomotive  with  automatic  couplers.  Sho- 
■  honey  v.  Quincy,  0.  &  K.  C.  By.  Co.  (1909),  223  Mo. 
649,  122  S.  W.  Eep.  1025. 

Projecting  timbers.  Where  a  railroad  company  so 
loads  a  car  with  timber  projecting  over  the  ends  so 
that  the  automatic  couplers  cannot  work,  it  is  liable  to 
the  penalties  provided  by  the  federal  safejty  appliance 
act  of  March  3,  1893.  United  States  v.  Illinois  Central 
R.  Co.  (1910),  177  Fed  Eep.  804. 

Curves  too  sharp.  A  railroad  is  liable  to  the  penalty 
provided  by  the  federal  safety  appliance  act  where  it 
operates  its  cars  on  a  track  so  curved  that  the  automatic 
couplers  will  not  work  by  impact.  Hohenleiter  v.  Sou. 
Pac.  Co.  (1910),  177  Fed.  Rep.  796. 

Safety  appliance  act — Joint  action — Defective  cars — 
Penalty.  In  an  action  brought  jointly  against  two  or 
more  railroad  companies  to  recover  the  statutory  pen- 
alty specified  in  the  safety  appliance  acts,  judgment  may 
be  rendered  against  any  one  of  tlie  defendants  when 
the  proof  shows  that  such  defendant  has  violated  the 
statute.     Chaffee  v.  United  States,  18  Wall.  518,  538. 

State  safety  appliance  statutes.  A  State  may  make  a 
valid  law  requiring  cars  used  in  trains  that  are  carrying 
interstate  commerce  to  be  equipped  with  automatic 
couplers  the  same  as  the  couplers  required  by  the  act  of 
congress  on  the  same  subject.  Detroit  T.  &  I.  Ry.  Co.  v. 
State  (1910),  —  Ohio  —   91  N.  E.  Eep.  869. 

The  Sherman  Anti-trust  Act. 

An  Act  to  Protect  Trade  and  Commerce  Against  Un- 
lawful Restraints  and  Monopolies. 

Contracts,  combination  in  form  of  trust,  or  conspir- 
acies, in  restraint  of  trade  or  commerce — Penalty.  Sec- 
tion 1.  Every  contract,  combination  in  the  form  of 
trust  or  otherwise,  or  conspiracy,  in  restraint  of  trade, 
or  commerce  among  the  several  States,  or  with  foreign 
nations,  is  hereby  declared  to  be  illegal.  Every  person 
who  shall  make  any  such  contract  or  engage  in  any  such 
combination  or  conspiracy,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  pun- 
ished by  fine  not  exceeding  five  thousand  dollars,  or  by 
imprisonment  not  exceeding  one  year,  or  by  both  said 
punishments,  in  the  discretion  of  the  court. 

Persons  engaging  in  monopolies  guilty  of  misde- 
meanor— Penalty.  Section  3.  Every  person  who  shall 
monopolize,  or  attempt'  to  monopolize,  or  combine  or 
conspire  with  any  other  person  or  persons,  to  monopolize 
any  part  of  the  trade  or  commerce,  among  the  several 
States  or  with  foreign  nations,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be 
punished  by  fine  not  exceeding  five  thousand  dollars, 
or  by  imprisonment  not  exceeding  one  year,  or  by  both 
said  punishments,  in  the  discretion  of  the  court. 

Contracts,  combinations  in  form  of  trust  or  other- 
wise, or  conspiracies,  in,  restraint  of  trade  or  commerce 
\in  or  between  Territories  or  between  District  of  Colum- 
iJna  and  Territories  or  between  Territories  or  District 
of  Columbia  and  States  or  foreign  nations  illegal — Pen- 
alty.    Section  3.     Every  contract,  combination  in  form 
of  trust  or  otherwise,  or  conspiracy,  in  restraint  of  trade, 
or  commerce  in  any  Territory  of  the  United  States  or 
tlie  District  of  Columbia,  or  in  restraint  of  trade  or 
. ;  commerce  between  any  such  Territory  and  another,  or 

I 


between  any  such  Territory  or  Territories  and  any 
State  or  States  or  the  District  of  Columbia,  or  with  for- 
eign nations,  or  between  the  District  of  Columbia  and 
any  State  or  States  or  foreign  nations,  is  hereby  de- 
clared illegal.  Every  person  who  shall  make  any  such 
contract  or  engage  in  any  such  combination  or  con-  . 
spiracy  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction  thereof,  shall  be  punished  by  fine  not  ex- 
ceeding five  thousand  dollars,  or  by  imprisonment  not 
exceeding  one  year,  or  by  both  said  punishments,  in  the 
discretion  of  the  court. 

Courts  may  prevent  and  restrain  violations.  Section 
4.  The  several  Circuit  Courts  of  the  United  States  are 
hereby  invested  with  jurisdiction  to  prevent  and  re- 
strain violations  of  this  act;  and  it  shall  be  the  duty 
of  the  several  district  attorneys  of  the  United  States, 
in  their  respective  districts,  under  the  direction  of  the 
attorney-general,  to  institute  proceedings  in  equity  to 
prevent  and  restrain  such  violations.  Such  proceed- 
ings may  be  by  way  of  petition  setting  forth  the  case 
and  praying  that  such  violation  shall  be  enjoined  and 
otherwise  prohibited.  When  the  parties  complained  of 
shall  have  been  duly  notified  of  such  petition  the  court 
shall  proceed,  as  soon  as  may  be,  to  the  hearing  and  de- 
termination of  the  case ;  and  pending  such  petition  and 
before  final  decree  the  court  may  at  any  time  make 
such  temporary  restraining  order  or  prohibition  as, 
shall  be  deemed  just  in  the  premises. 

Additional  parties  may  be  summoned.  Section  5. 
Whenever  it  shall  appear  to  the  court  before  which  any 
proceeding  under  section  4  of  this  act  may  be  pending 
that  the  ends  of  justice  require  that  other  parties  should 
be  brought  before  the  court,  the  court  may  cause  them 
to  be  summoned,  whether  they  reside  in  the  district  in 
which  the  court  is  held  or  not;  and  subpoena  to  that 
end  may  be  served  in  any  district  by  the  marshals 
thereof. 

Seizure  and  condemnation  of  property  in  course  of 
transportation.  Section  6.  Any  property  owned  under 
any  contract  or  by  any  combination,  or  pursuant  to 
any  conspiracy  (and  being  the  subject  thereof),  men- 
tioned in  section  1  of  this  act,  and  being  in  the  course 
of  transportation  from  one  State  to  another,  or  to  a 
foreign  country,  shall  be  forfeited  to  the  United  States, 
and  may  be  seized  and  condemned  by  like  proceedings 
as  those  provided  by  law  for  the  forfeiture,  seizure  and 
condemnation  of  property  imported  into  the  United 
States  contrary  to  law. 

Persons  injured  may  recover  threefold  damages  and 
attorneys'  fee.  Section  7.  Any  person  who  shall  be  in- 
jured in  his  business  or  property  by  any  other  person 
or  corporation  by  reason  of  anything  forbidden  or  de- 
clared to  be  unlawful  by  this  act,  may  sue  therefor  im 
any  Circuit  Court  of  the  United  States  in  the  district  in- 
which  the  defendant  resides  or  is  found,  without  re- 
spect to  the  amount  in  controversy,  and  shall  recover- 
threefold  the  damages  by  him  sustained,  and  the  cost 
of  suit,  including  a  reasonable  attorney's  fee, 

"Person"  or  "persons"  defined.  Section  8.  That  the 
word  "person"  or  "persons"  wherever  used  in  this  act 
shall  be  deemed  to  include  corporations  and  associa- 
tions existing  under  or  authorized  by  the  laws  of  either 
the  United  States,  the  laws  of  any  of  the  Territories, 
the  laws  of  any  State,  or  the  laws  of  any  foreign  coun- 
try. Public,  No.  190,  approved  July  2,  1890,  first  ses- 
sion Fifty-first  Congress. 


176 


National  Association  of  Railway  Commissioners 


Extracts  from  the  Wilson  Tariff  Act,  Second 
Session  Fifty-third  Congress. 

Trusts,  etc.,  in  restraint  of  import  trade  declared 
Void — Penalty.  Section  73.  That  every  combination, 
conspiracy,  trust,  agreement,  or  contract  is  hereby  de- 
clared to  be  contrary  to  public  policy,  illegal,  and  void, 
when  the  same  is  made  by  or  between  two  or  more 
persons  or  corporations  either  of  whom  is  engaged  in 
importing  any  article  from  any  foreign  country  into 
the  United  States,  and  when  such  combination,  con- 
spiracy, trust,  agreement,  or  contract  is  intended  to 
operate  in  restraint  of  lawful  trade,  or  free  competition 
in  lawful  trade  or  commerce,  or  to  increase  the  market 
price  in  any  part  of  the  United  States  of  any  article 
or  articles  imported  or  intended  to  be  imported  into 
the  United  States,  or  by  any  manufacture  into  which 
such  imported  article  enters  or  is  intended  to  enter. 
Every  person  who  is  or  shall  hereafter  be  engaged  in 
the  importation  of  goods  or  any  commodity  from  any 
foreign  country  in  violation  of  this  section  of  this  act, 
or  who  shall  combine  or  conspire  with  another  to  violate 
the  same,  is  guilty  of  a  misdemeanor  and,  on  convic- 
tion thereof  in  any  court  of  the  United  States,  such 
person  shall  be  fined  in  a  sum  not  less  than  one  hun- 
dred dollars,  and  shall  be  further  punished  by  impris- 
onment not  less  than  three  months  nor  exceeding  twelve 
months. 

Jurisdiction  of  Circuit  Courts — Proceedings.  Section 
74:.  That  the  several  Circuit  Courts  of  the  United  States 
are  hereby  invested  with  jurisdiction  to  prevent  and  re- 
strain violations  of  section  73  of  this  act;  and  it  shall 
be  the  duty  of  the  several  district  attorneys  of  the 
United  States,  in  their  respective  districts,  under  the 
direction  of  the  attorney-general,  to  institute  proceedings 
in  equity  to  prevent  and  restrain  such  violations.  Such 
proceedings  may  be  by  way  of  petitions  setting  forth  the 
case  and  praying  that  such  violations  shall  be  enjoined 
or  otherwise  prohibited.  When  the  parties  complained 
of  shall  have  been  duly  notified  of  such  petition  the 
court  shall  proceed,  as  soon  as  may  be,  to  the  hearing 
and  determination  of  the  case;  and  pending  such  peti- 
tion and  before  final  decree,  the  court  may  at  any  time 
make  such  temporary  restraining  order  or  prohibition 
as  shall  be  deemed  just  in  the  premises. 

Summoning  additional  parties.  Section  75.  That 
whenever  it  shall  appear  to  the  court  before  which  any 
proceedings  under  section  74  of  this  act  may  be  pending, 
that  the  end  of  justice  requires  that  other  parties  should 
be  brought  before  the  court,  the  court  may  cause  them 
to  be  summoned,  whether  they  reside  in  the  district 
in  which  the  court  is  held  or  not;  and  subpoenas  to 
that  end  may  be  served  in  any  district  by  the  marshal 
thereof. 

Anti-trust  act — Injunction.  Bill  in  equity  by  the 
United  States  to  enjoin  the  voting  of  stock  in  the 
Southern  Pacific,  which  stock  had  been  bought  by  the 
Union  Padfic  for  the  alleged  purpose  of  stifling  com- 
petition in  interstate  commerce.  Held  not  supported 
by  the  evidence  and  dismissed.  United  States  v.  Union 
Pacific  R.  Co.  (1911),  188  Fed.  Eep.  102. 

Forfeiture,  etc.,  of  property  affected  by  trust.  Section 
76.  That  any  property  owned  under  any  contract  or 
by  any  combination,  or  pursuant  to  any  conspiracy 
(and  being  the  subject  thereof),  mentioned  in  section 
73  of  this  act,  and  being  in  the  course  of  transportation 
from  one  State  to  another,  or  to  or  from  a  Territory, 


or  the  District  of  Columbia,  shall  be  forfeited  to  the 
United  States,  and  may  be  seized  and  condemned  b} 
like  proceedings  as  those  provided  by  the  law  for  the 
forfeiture,  seizure  and  condemnation  of  property  im- 
ported into  the  United  States  contrary  to  law. 

Suits  by  parties  injured — Damages.  Section  77.  Thai 
any  person  that  shall  be  injured  in  his  business  oi 
property  by  any  other  person  or  corporation  by  reason 
of  anything  forbidden  or  declared  to  be  unlawful  by  this 
act  may  sue  therefor  in  any  Circuit  Court  of  the  United 
States  in  the  district  in  which  the  defendant  resides  oi 
is  found,  without  respect  to  the  amount  in  controversy 
and  shall  recover  threefold  the  damages  by  him  sus- 
tained, and  the  cost  of  suit,  including  a  reasonable  at- 
torney's fee.  ^ 

In  force  August  37,  1904.  sl 

Combination  in  restraint   of  interstate   commer^- 
Anti-trust  law,  July  2,  1890,  chapter  647,  26  Stat.  20! • 
Commerce  among  the  States  is  not  a  technical  legal  coi  ■ 
ception,  but  a  practical  one  drawn  from  the  course  c1 
business.    The    criterion    as    to    whether    any    businef; 
scheme  falls  within  the  prohibition  of  the  statutes  is  i1  ■ 
effect  upon  interstate  commerce  which  need  not  be  e 
total  suppression  of  trade  nor  a  complete  monopoly 
it  is  enough  if  its  necessary  operation  tends  to  restrai 
interstate  commerce,  and  to  deprive  the  public  of  th 
advantages    flowing    from    free    competition.       Unite 
States  V.  MacAndrew  &  Forbis    Co.,    149    Fed.    833 
United  States  v.  Chesapeake  d'  0.  F.  Co.,  105  Fed.  93 
Stvift  V.  United  States,  196  U.  S.  375;  Northern  Se. 
Co.  V.  United  States,  193  U.  S.  382;  Addyston  P.  &  t 
Co.  V.  United  States,  175  U.  S.  211. 

Same.     A  secret  arrangement  between  two  corporf 
tions.  which  together  produced  about  85  per  cent  of  a 
licorice  paste  consumed  in  the  United  States  and  sold  t 
consumers  throughout  the  country,  by  which  they  cease 
competition,  fixed  from  time  to  time  the  prices  at  whic 
each  should  sell,  and  apportioned  the  customers  betwee 
them  and  also  by  concerted  action  secured  contracts  wit 
their  chief,  if  not  only,  competitors  which  enabled  thei 
to  control  either  the  output  of  such  competitions  c  i 
ithe  prices  at  which  and  the  persons  to  whom  they  shoul 
sell,  and  in  pursuance  of  which  scheme  they  were  er 
abled  to  and  did  advance  the  price  of  all  articles,  to  a 
purchasers,  nearly  50  per  cent  within  a  few  month, 
was  one  affecting  interstate  commerce,  and  constitute 
a  combination  and  conspiracy  in  restraint  of  such  con 
merce,  and  an  attempt  to  monopolize  a  portion  of  tl^i 
same,  within  the  prohibition  of  the  anti-trust  law  ( ' 
July  2,  1890.     United  States  v.  MacAndrew  &  Fori  t 
Co.,  149  Fed.  824.  flj 

Anti-trust  act — Contract  restraint  of  trade — Act  ^ij 
3,  1890.  A  contract  by  which  a  railroad  company  a  •■ 
ranges  with  another  to  the  exclusion  of  all  others,  iv^ 
the  interchange  of  passengers  and  freight,  by  througl 
tickets  and  bills  of  lading,  is  not  a  contract  in  unlawfu' 
restraint  of  trade,  within  the  meaning  of  the  act  ol 
.Tuly  2,  1890.  Prescott  cf-  A.  C.  L.  B.  Co.  v.  A.,  T.  &  *S, 
F.  Ry.  Co.,  73  Fed.  438. 

Joint  traffic — Freight  association — Combinations  it 
restraint  of  trade.  The  provisions  respecting  contract?, 
combinations,  and  conspiracies  in  restraint  of  trade  oi 
commerce  in  the  several  States  or  with  foreign  coun- 
tries contained  in  the  act  of  July  2,  1890,  "to  protect 
trade  and  commen-e  against  unlawful  restraint  anc 
monopolies,"  apply  to  and  cover  common  carriers,  b} 
railroads,  and  a  contract  between  them  in  restraint  oi 


Digest  of  Decisions 


177 


such  trade,  or  commerce,  is  prohibited,  even  though  tiie 
contract  is  entered  into  between  competing  railroads, 
only  for  the  purpose  of  thereby  affecting  traffic  rates 
for  the  transportation  of  persons  and  property.  The 
act  of  February  4,  1887,  c.  104,  to  regulate  commerce, 
is  not  inconsistent  with  the  act  of  July  2,  1890,  as  it 
does  not  confer  upon  the  competing  railroad  companies 
power  to  enter  into  a  contract  in  restraint  of  trade  and 
commerce.  United  States  r.  Freight  Assn[^&&  V.  S. 
290. 

Same.  Congress  has  the  power  to  say  that  no  con- 
tract or  combination  shall  be  legal  which  shall  restrain 
interstate  trade  and  commerce  by  shutting  out  the  op- 
eration of  the  general  law  of  competition.  United  States 
V.  Joint  Traffic  Assn.,  171  U.  S.  505. 

Railroads— Contract  to  secure  traffic — Validity — Mo- 
nopolies— Undue  preference — Rule  construction  con- 
tract. Where  the  defendant  railroad  company  entered 
into  a  contract  with  plaintiff  for  a  term  of  years  to  build 
up,  develop,  and  conduct  the  business  of  the  transporta- 
tion of  milk  on  its  lines  of  road ;  and  when  the  plaintiff 
was  to  have  full  charge  of  such  business  and  was  to  re- 
ceive as  compensation  a  percentage  of  the  freights  earned 
therein,  and  it  was  provided  that  he  should  charge  rates 
not  in  excess  of  those  by  competitive  roads,  and  should 
be  granted  the  exclusive  privilege  of  transporting  milk 
over  defendant's  lines  so  far  as  it  was  permitted  to  do 
BO  by  law,  and  when  in  the  execution  of  the  contract  all 
rates  were  made  by  defendant  railroad  company,  and 
plaintiff  was  not  given  a  monopoly  of  the  milk  traffic, 
it  was  held  that  such  contract  was  not  ultra  vires  nor 
void  as  contrary  to  public  policy,  especially  as  practically 
construed  by  the  parties  in  its  execution;  nor  was  it  in 
violation  oi  the  anti-trust  act  of  July  2,  1890,  or  of  sec- 
tion 3  of  the  interstate  commerce  act  as  giving  an  undue 
and  unreasonable  preference  to  plaintiff.  The  funda- 
mental rule  is  that  a  contract  will  be  constraed,  if  pos- 
sible, as  having  been  made  for  a  legal,  rather  than  an 
illegal,  purpose,  and  it  should  not  be  relaxed  when  a 
vicious  construction  is  sought  for  by  the  party  who 
made  the  contract.  Delaware.  L.  <&  W.  R.  Co.  v.  Kutter, 
147  Fed.  51. 

Arbitration  Act. 

An  Act  Concerning  Common  Carriers  Engaged  In  Inter- 
state Commerce  and  Their  Employes 

Power  of  congress — Interstate  commerce — Labor  or- 
ganizations. The  power  to  regulate  interstate  commerce 
is  the  power  to  prescribe  rules  by  which  such  commerce 
must  be  governed,  but  the  rules  prescribed  must  have 
a  real  and  substantial  relation  to,  or  connection  with, 
the  commerce  regulated,  and  as  that  relation  does  not 
exist  between  the  membership  of  an  employe  in  a  labor 
organization  and  the  interstate  commerce  with  which  he 
is  connected,  the  provision  above  referred  to  in  section 
10  of  the  act  of  June  1,  1898,  cannot  be  sustained  as  a 
regulation  of  interstate  commerce  and  as  such  within  the 
competency  of  congress.  Adair  r.  United  States,  208 
U.  S.  161. 

Cannot  prohibit  discharge  of  employe.  It  is  not  within 
the  power  of  congress  to  make  it  a  criminal  offense 
against  the  United  States  for  a  carrier  engaged  in  inter- 
state commerce,  or  an  agent  or  officer  thereof,  to  dis- 
charge an  employe  simply  because  of  his  membership  in 
a  labor  organization ;  and  the  provision  to  that  effect  in 
flection  10  of  the  act  of  June  1,  1898,  30  Stat.  424,  con- 


cerning interstate  carriers  is  an  invasion  of  personal 
liberty  as  well  as  of  the  right  of  property,  guaranteed 
by  the  fifth  amendment  to  the  constitution  of  the  United 
States,  and  is  therefore  unenforceable  as  repugnant  to 
the  declaration  of  that  amendment  that  no  person  shall 
be  deprived  of  liberty  or  propertv  witliout  due  process  of 
law.    Adair  v.  United  States,  208  U.  S.  161. 

Right  of  contract.  While  the  rights  of  liberty  and 
property  guaranteed  by  the  constitution  against  depriva- 
tion without  due  process  of  law  are  subject  to  such 
reasonable  restrictions  as  the  common  good  or  general 
welfare  may  require,  it  is  not  within  the  functions  of 
government — at  least  in  the  absence  of  contract — to 
compel  any  person  in  the  course  of  his  business,  and 
against  his  will,  either  to  employ  or  be  employed  by 
another.  An  employer  has  the  same  right  to  prescribe 
terms  on  which  he  will  employ  one  to  labor  as  an  em- 
ploye has  to  prescribe  those  on  which  he  will  sell  his 
labor,  and  any  legislation  which  disturbs  this  equality 
is  an  arbitrary  and  unjustifiable  interference  with  liberty 
of  contract.    Adair  v.  United  States,  208  U.  S.  161. 

Employers'  Liability  Act. 

Be  it  enacted  by  the  senate  and  house  of  representa- 
tives of  the  United  States  of  America  in  congress  as- 
sembled. That  every  common  carrier  engaged  in  trade 
or  commerce  in  the  District  of  Columbia,  or  in  any  Ter- 
ritory of  the  United  States,  or  between  the  several 
States,  or  between  any  Territory  or  Territories  and  any 
State  or  States  or  the  District  of  Columbia,  or  with 
foreign  nations,  or  between  the  District  of  Columbia 
and  any  State  or  States,  or  foreign  nations,  shall  be 
liable  to  any  of  its  employes,  or,  in  the  case  of  his 
death,  to  his  personal  representatives,  for  the  Ijenefit  of 
his  widow  and  children,  if  any;  if  none,  then  for  his 
parents;  if  none,  then  for  his  next  of  kin  dependent 
upon  him,  for  all  damages  which  may  result  from  the 
negligence  of  any  of  its  officers,  agents,  or  employes,  or 
by  reason  of  any  defect  or  insufficiency  due  to  negli- 
gence in  its  cars,  engines,  appliances,  machinery,  track, 
roadbed,  ways  or  works. 

Contributory  negligence.  Section  2.  That  in  all  ac- 
tions hereafter  brought  against  any  common  carriers 
to  recover  damages  for  personal  injuries  to  an  emplove, 
or  where  such  injuries  have  resulted  in  his  death,  the 
fact  that  the  employe  may  have  been  guilty  of  contrib- 
utory negligence  shall  not  bar  a  recovery  where  his  con- 
tributory negligence  was  slight  and  that  of  the  employer 
was  gross  in  comparison,  but  the  damages  shall  be 
diminished  by  the  jury  in  proportion  to  the  amount  of 
negligence  attributable  to  such  employe.  All  question* 
of  negligence  and  contributory  negligence  shall  be  for 
the  jury. 

Contracts  with  carrier  no  bar.  Section  3.  That  no 
contract  of  employment,  insurance,  relief  benefit,  or  in- 
demnity for  injury  or  death  entered  into  by  or  on  be- 
half of  any  employe,  nor  the  acceptance  of  such  insur- 
ance, relief  benefit,  or  indemnity  by  the  person  entitled 
thereto,  shall  constitute  any  bar  or  defense  to  any  ac- 
tion brought  to  recover  damages  for  personal  injuries 
to,  or  for  the  death  of  such  employe :  Provided,  however. 
That  upon  the  trial  of  such  action  against  any  common 
carrier  the  defendant  may  set  off  therein  any  sum  it  has 
contributed  toward  any  such  insurance,  relief  benefit, 
or  indemnity  that  may  have  been  paid  to  the  injured 
employe,  or,  in  ease  of  his  death,  to  his  personal  repre- 
Bentative. 


178 


National  Association  of  Eailway  Commissionees 


Statute  of  limitations.  Section  4.  That  no  action 
shall  be  maintained  under  this  act,  unless  commenced 
within  one  year  from  the  time  the  cause  of  action 
accrued. 

Duty  of  carrier  under  safety  appliance  law  not  im- 
paired. Section  5.  That  nothing  in  this  act  shall  be 
held  to  limit  the  duty  of  common  carriers  by  railroads 
or  impair  the  right  of  their  employes  under  the  safety 
appliance  act  of  March  2,  1893,  as  amended  April  1, 
1896,  and  March  2,  1903.    Approved  June  11,  1906. 

Employers'  liability  act — How  construed.  The  federal 
employers'  liability  act,  while  it  must  be  construed 
strictly  because  it  is  in  derogation  of  the  common  law, 
is  to  be  construed  sensibly  and  with  a  view  to  the 
object  aimed  at  by  the  legislature.  St.  Louis,  I.  M.  & 
S.  By.  Co.  V.  Conley  (1911),  187  Fed.  Rep.  949. 

Employers'  liability  act — Obstruction  on  trach.  A 
railroad  is  liable,  under  the  federal  employers'  liability 
act,  for  causing  the  death  of  a  locomotive  engineer  by 
placing  a  post  too  near  the  track,  and  may  be  sued  either 
in  a  State  or  a  federal  court.  St.  Louis,  /.  .1/.  £•  S.  Ry. 
■  V.  Conley  (1911),  187  Fed.  Rep.  949. 

Federal  employers'  liability  act — Jurisdiction  of  State 
courts.  An  action  under  the  federal  employers'  liability 
act  may  be  maintained  either  in  a  State  or  a  federal 
court.  St.  Louis,  L  M.  &  S.  Ry.  Co.  v.  Conley  (1911), 
187  Fed.  Rep.  949.  On  motion  to  dismiss  an  action  to 
recover  damages  for  death  caused  by  negligence  on  the 
ground  that  the  State  court  from  which  it  was  removed 
to  the  federal  court  had  no  jurisdiction. 

Employers'  liability  act.  The  federal  employers' 
liability  act  of  April  22,  1908,  did  not  apply  where  a 
workman  engaged  in  building  a  bridge  and  an  addi- 
tional track  at  Hoboken,  N.  J.,  was  struck  and  injured 
by  a  local  train  running  between  two  points  in  New 
Jersey.  Pedersen  v.  Delaivare,  L.  &  W.  R.  Co.  (1911), 
184  Fed.  Rep.  737,  reviewing  the  cases. 

Employers'  liability  act — Section  hand.  A  section 
hand  working  on  a  road  over  which  both  State  and 
interstate  traflBc  passes  is  engaged  in  interstate  com- 
merce within  the  meaning  of  the  employers'  liability 
act  of  April  22,  1908.  Zikos  v.  Oregon  Ry.  &  Nav.  Co. 
(1910),  17d  Fed.  Rep.  893. 

Interstate  carrier  liable  for  negligence  of  fellow  serv- 
ant. In  Kelley  v.  Great  Northern  Ry.  Co.  (U.  S.  C.  C, 
Minn.,  1907),  152  Fed.  Rep.  211.  A  track  repairman 
employed  by  an  interstate  carrier  was  injured  through 
the  negligence  of  a  fellow  servant.  He  filed  a  declara- 
tion wherein  he  counted  on  the  negligence  of  a  fellow 
servant  as  the  negligence  of  the  common  employer, 
relying  on  the  federal  employers'  liability  act.  Held 
on  demurrer  that  the  declaration  stated  a  cause  of 
action. 

Section  hand — Fellow  servant  doctrine.  A  section 
hand  working  on  a  road  over  which  both  State  and 
interstate  traffic  passes  is  engaged  in  interstate  com- 
merce within  the  meaning  of  the  national  employers' 
liability  act  and  the  fellow  servant  doctrine  does  not 
apply  to  his  suit  for  personal  injuries.  Zikos  v.  Ore- 
gon R.  &  Nav.  Co.  (1910),  179  Fed.  Rep.  893. 

Failure  to  block  switches.  A  State  statute  that  de- 
prives a  railroad  of  the  defense  of  contributory  negli- 
gence in  cases  where  personal  injuries  are  suffered  by 
reason  of  its  failure  to  block  its  switches  is  constitu- 
tional. It  does  not  deprive  the  railroad  of  property 
without  due  process  of  law.    St.  Louis,  L  M.  &  S.  R. 


Co.  V.  McNamare  (1909),  91  Ark.  515,  122  S.  W.  Rep. 
102. 

Workman  in  bridge  gang.  Held  that  a  workman  in 
a  bridge  gang  employed  by  a  railroad  company  which 
was  engaged  in  interstate  commerce  to  repair  bridges 
in  various  States,  was  not  "employed  in  interstate  com- 
merce" within  the  employers'  liability  act  of  April 
22,  1908.  Taylor  v.  Southern  Ry.  Co.  (1910),  178 
Fed.  Rep.  380. 

Employers'  liability  act  valid  as  to  interstate  com- 
merce. Congress  may  prescribe,  as  between  an  inter- 
state carrier  and  such  of  its  employes  as  are  engaged 
in  interstate  commerce,  that  the  carrier  shall  be  liable 
for  the  death  or  injury  of  any  such  employe  while  to 
engaged,  which  may  result  from  the  negligence  of  a 
fellow  servant.  Howard  v.  I.  C.  R.  Co.,  207  U.  H. 
463. 

Employers'  liability  act.  This  act  (June  11,  1906) 
provides  that  "every  common  carrier  engaged  in  trace 
or  commerce"  in  the  District  of  Columbia  or  in  the 
Territories  or  between  the  several  States,  shall  be  liabie 
for  the  death  or  injury  of  "any  of  its  employes,"' 
which  may  result  from  the  negligence  of  "any  of  lis 
officers,  agents  or  employes."  This  was  held  to  be  a 
regulation  of  intrastate  as  well  as  of  interstate  con- 
merce,  and  therefore  invalid  as  beyond  the  power, 
congress  to  enact.  Howard  v.  I.  C.  R.  Co.,  207 
463. 

Employers'  liability  act.     Holding  that  the  act,; 

its  terms,  applied  to  intrastate  commerce  as  well  a- 
to  interstate  commerce,  the  court  declared  the  entir  i 
act  to  b&  unconstitutional,  saying,  "Concluding,  ti 
we  do,  that  the  statute,  while  it  embraces  subjects  withi  i 
the  authority  of  congress  to  regulate  commerce,  als  i 
includes  subjects  not  within  its  constitutional  powe; , 
and  that  the  two  are  so  interblended  in  the  statute  tha  t 
they  are  incapable  of  separation,  we  are  of  the  opinio  i 
that  the  courts  below  rightly  held  the  statute  to  1 1 
repugnant  to  the  constitution  and  non-enforceable. ' 
Howard  v.  I.  C.  R.  Co.,  207  U.  S.  463,  504.  See  df  1 
Brooks  V.  So.  Pacific  Ry.,  148  Fed.  986;  Howard  «9| 
C.  R.  Co.,  148  Fed.  977.  ^  ■ 

The  act,  as  amended  in  1908  (35  TJ.  S.  Stat.,  L.  65; , 
is  as  follows: 


!  con- 
ict^l 


M 


ct^a 


Chapter   149.     An   act   relating'  to   the   liability  i 
common    carriers    by    railroad    to    their    employes    ia' 
certain  cases. 

Be  it  enacted  by  the  senate  and  house  of  representc  - 
tives  of  the  United  States  of  America  in  congress  a- 
sembled.  That  every  common  carrier  by  railroad  while 
engaged  in  commerce  between  any  of  the  several  States 
or  Territories,  or  between  any  of  the  States  and  Te^ 
tories,  or  between  the  District  of  Columbia  and  any 
the  States  or  Territories,  or  between  the  District'^ 
Columbia  or  any  of  the  States  or  Territories  and  any 
foreign  nation  or  nations,  shall  be  liable  in  damages  io 
any  person  suffering  injury  while  he  is  employed  by  such 
carrier  in  such  commerce,  or,  in  case  of  the  death  of 
such  employe,  to  his  or  her  personal  representative,  for 
the  benefit  of  the  surviving  widow  or  husband  and  chil- 
dren of  such  employe;  and,  if  none,  then  of  such 
employe's  parents;  and,  if  none,  then  of  the  next  of 
kin  dependent  upon  such  employe,  for  such  injury  or 
death  resulting  in  whole  or  in  part  from  the  negligence 
of  any  of  the  officers,  agents,  or  employes  of  such  car- 
rier, or  by  reason  of  any  defect  or  insufficiency  due  to 
its   negligence,   in  its  ears,   engines,   appliances,   ma- 


Digest  of  Decisions 


179 


chinery,  track,  roadbed,  works,  boats,  wharves,  or  other 
equipment. 

Section  2.  That  eveiy  common  carrier  by  railroad 
in  the  Territories,  the  District  of  Columbia,  the  Panama 
Canal  Zone,  or  other  possessions  of  the  United  States, 
shall  be  liable  in  damages  to  any  person  suffering  injury 
wliile  he  is  employed  by  such  carrier  in  any  of  said 
jurisdictions,  or,  in  case  of  the  death  of  such  employe, 
to  his  or  her  personal  representative,  for  the  benefit  of 
the  surviving  widow  or  husband  and  children  of  such 
employe ;  and,  if  none,  then  of  such  employe's  parents ; 
and,  if  none,  then  of  the  next  of  kin  dependent  upon 
such  employe,  for  such  injury  or  death  resulting  in 
whole  or  in  part  from  the  negligence  of  any  of  the 
officers,  agents,  or  employes  of  such  carrier,  or  by 
reason  of  any  defect  or  insufficiency,  due  to  its  negli- 
gence, in  its  cars,  engines,  appliances,  machinery,  track, 
roadbed,  works,  boats,  wharves,  or  other  equipment. 

Section  3.  That-  in  all  actions  hereafter  brought 
against  any  such  common  carrier  by  railroad  under  or 
by  virtue  of  any  of  the  provisions  of  this  act  to  recover 
damages  for  personal  injuries  to  an  employe,  or  where 
such  injuries  have  resulted  in  his  death,  the  fact  that 
the  employe  may  have  been  guilty  of  contributory  negli- 
gence shall  not  bar  a  recovery,  but  the  damages  shall  be 
diminished  by  the  jury  in  proportion  to  the  amount  of 
negligence  attributable  to  such  employe:  Provided, 
That  no  such  employe  wJio  may  be  injured  or  killed 
shall  be  held  to  have  been  guilty  of  contributory  negli- 
gence, in  any  case  where  the  violation  by  such  common 
•  carrier  of  any  statute  enacted  for  the  safety  of  employes 
contributed  to  the  injury  or  death  of  such  employe. 

Section  4.  That  in  any  action  brought  against  any 
common  carrier  under  or  by  virtue  of  any  of  the  pro- 
visions of  this  act  to  recover  damages  for  injuries  to, 
or  the  death  of,  any  of  its  employes,  such  employes  shall 
not  be  held  to  have  assumed  the  risks  of  his  employ- 
ment in  any  case  where  the  violation  by  such  common 
carrier  of  any  statute  enacted  for  the  safety  of  em- 
ployes contributed  to  the  injury  or  death  of  such  em- 
ploye. 

Section  5.  That  any  contract,  rule,  regulation,  or 
device  whatsoever,  the  purpose  or  intent  of  which  shall 
be  to  enable  any  common  carrier  to  exempt  itself  from 
any  liability  created  by  this  act,  shall  to  that  extent  be 
void:  Provided,  That  in  any  action  brought  against 
any  such  common  carrier  under  or  by  virtue  of  any 
of  the  provisions  of  this  act,  such  common  carrier  may 
set  off  therein  any  sum  it  has  contributed  or  paid  to 
any  insurance,  relief,  benefit,  or  indemnity  that  may 
have  been  paid  to  the  injured  employe  or  the  person 
entitled  thereto  on  account  of  the  injury  or  death  for 
which  said  action  was  brought. 

Section  6.  That  no  action  shall  be  maintained  under 
this  act  unless  commenced  within  two  years  from  the 
day  the  cause  of  action  accrued. 

Section  7.  That  the  term  "common  carrier"  as 
used  in  this  act  shall  include  the  receiver  or  receivers 
or  other  persons  or  corporations  charged  with  the  duty 
of  the  management  and  operation  of  the  business  of  a 
common  carrier. 

Section  8.  That  nothing  in  this  act  shall  be  held 
to  limit  the  duty  or  liability  of  common  carriers  or  to 
impair  the  rights  tf  their  employes  under  any  other 
act  or  acts  of  congress,  or  to  affect  the  prosecution  of 
any  pending  proceeding  or  right  of  action  under  the 
act  of  congress  entitled  "an  act  relating  to  liability 


of  common  carriers  in  the  District  of  Columbia  and 
Territories  and  to  common  carriers  engaged  in  commerce 
between  the  States  and  between  the  States  and  foreign 
nations  to  their  employes,"  approved  June  11,  1906. 

Approved,  April  23,  1908. 

See  new  act,  April  22,  1908,  35  Stat.  Large,  p.  65. 

State  Regulation  of  Common  Carriers. 

Railroad  Companies  Subject  to  State  Regulation. 

General  scope.    The  elementary  proposition  that  rail- 
roads from  the  public  nature  of  the  business  by  them 
carried  on  and  the  interest  which  the  public  have  in 
their  operation  are  subject,  as  to  their  State  business,  to 
State  regulation,  which  may  be  exerted  either  directlv 
by  the  legislative  authority  or  by  administrative  bodies 
endowed  with  power  to  that  end,  is  not  and  could  not  be 
successfully   questioned   in    view   of  the   long   line   of 
authorities   sustaining  that   doctrine.     Atlantic   Coast 
Line  v.  North  Carolina  Corp.  Comm.  206  U.  S.  1,  19; 
cited:  Chicago,  Burlington  &  Quincy  R.  Co.  v.  Iowa] 
94  U.  S.  155;  Pieh  v.  Chicago  &  Northwestern  R.  Co 
94  U.  S.  164;  Chicago,  M.  &  St.  Paul  R.  Co.  v.  AcJclei), 
94  U.  S.  179;  Winona  &  St.  Peter  R.  Co.  v.  Blake. 
94  U.  S.  180 ;  Stone  v.  Wisconsin,  94  U.  S.  181 ;  Bug- 
gies V.  Illinois,  108  TJ.  S.  536 ;  Illinois  Central  Co.  v. 
Illinois,  108  TJ.  S.  541 ;  Stone  v.  Farmers  &  Trust  Co.. 
116  U.  S.  307;  Stone  v.  Illinois  Central  R.  Co.,  116 
TJ.  S.  347;  Stone  v.  New  Orleans  &  Northeastern  R. 
Co.,  IIG  TJ.  S.  352;  Dow  v.  Beidelman,  125  U.  S.  680; 
Charlotte  C.  &  A.  R.  Co.  v.  Gibbes,  142  TJ.  S.  386; 
Chicago  &  Grand  Trunk  R.  Co.  v.  Wellman,  143  TJ.  S. 
'  339 ;  Pearsall  v.  Great  Northern  R.  Co.,  161  TJ.  S.  646, 
665;  Louisville  &  N.  R.  Co.  v.  Kentucky.  161  TJ.  S. 
677,  695;  Wisconsin,  M.  &  P.  R.  Co.  v.  Jacobson,  179 
TJ.  S.  287;  Minneapolis  &  St.  L.  R.  Co.  v.  Minnesota. 
186  TJ.  S.  257 ;  Minneapolis  &  St.  L.  R.  Co.  v.  Minne- 
sota, 193  TJ.  S.  53;  Chicago,  B.  &  Quincy  R.  Co.  v. 
Illinois,  200  TJ.  S.  561,  584;  Atlantic  Coast  Line  v. 
Florida,  203  TJ.  S.  256;  Seaboard  Air  Line  v.  Florida 
203  U.  S.  261. 

Power  to  regulate  railway — Rights  of  ownership — 
Due  process  of  law — Fourteenth  amendment.  As  the 
public  power  to  regulate  railways  and  the  private  right 
of  ownership  of  such  property  co-exist  and  do  not  the 
one  destroy  the  other,  it  has  been  settled  that  the  right 
of  ownership  of  railway  property  like  other  property 
rights  finds  protection  in  constitutional  guarantees, 
and,  therefore,  wherever  the  power  of  regulation  ia 
exerted  in  such  arbitrary  and  unreasonable  way  as  to 
cause  it  to  be  in  effect  not  a  regulation  but  an  infringe- 
ment upon  the  right  of  ownership,  such  an  exertion  of 
power  is  void  because  repugnant  to  the  due  process  and 
equal  protection  clauses  of  the  fourteenth  amendment. 
Atlantic  Coast  Line  v.  N.  Car.  Corp.  Comm.  206  TJ.  S. 
1,  20;  cited:  Stone  v.  Farmers'  Loan  &  Trust  Co.,  116 
TJ.  S.  307,  331 ;  Chicago,  M.  &  St.  Paul  R.  Co.  v.  Min- 
nesota, 134  TJ.  S.  418,  455;  Chicago  &  Grand  Trunk 
R.  Co.  V.  Wellman,  143  TJ.  S.  339,  344;  Reagan  v. 
Farmers'  Loan  &  Trust  Co.  (No.  1),  154  TJ.  S.  362, 
399 ;  St.  Louis  &  San  Francisco  R.  Co.  v.  Gill,  156  TJ. 
S.  649,  657;  Chicago,  B.  &  Quincy  R.  Co.  v.  Chicago, 
166  U.  S.  226,  241;  Smyth  v.  Ames,  169  TJ.  S.  466, 
512;  Chicago,  M.  &  St.  Paul  R.  Co.  v.  Tompkins,  176 
TJ.  S.  167,  172;  Minneapolis  &  St.  Louis  R.  Co.  v.  Min- 
nesota, 186  TJ.  S.  257;  Chicago,  B.  &  Quincy  R.  Co.  v. 
Illinois,  200  TJ.  S.  561,  592. 


180 


National  Association  of  Eailway  Commissioners 


Regulation  and  fixing  rates — Method.  It  cannot  be 
assumed  that  any  railroad  corporation,  accepting  fran- 
chises, rights,  and  privileges  at  the  hands  of  the  public, 
ever  supposed  that  it  acquired,  or  that  it  was  intended 
to  grant  to  it,  the  power  to  construct  and  maintain  a 
public  highway  simply  for  its  benefit,  without  regard 
to  the  rights  of  the  public.  But  it  is  equally  true  that 
the  corporation  performing  such  public  services  and  the 
people  finally  interested  in  its  business  and  affairs  havp 
rights  that  may  not  be  invaded  by  legislative  enactment 
in  disregard  of  the  fundamental  guarantees  for  their 
protection.  The  corporation  may  not  be  required  to 
use  its  property  for  the  benefit  of  the  public  without 
receiving  just  compensation  for  the  services  rendered 
by  it.  How  such  compensation  may  be  ascertained,  and 
what  are  the  necessary  elements  in  such  an  inquiry, 
will  always  be  an  embarrassing  question.  The  basis, 
liowever,  of  all  calculation  as  to  the  reasonableness  of 
rates  to  be  charged  by  a  corporation  maintaining  a  high- 
way under  legislative  sanction  must  be  the  fair  value  of 
the  property  being  used  by  it  for  the  convenience  of  the 
public.  And  in  order  to  ascertain  that  value,  the 
original  cost  of  construction,  the  amount  expended  in 
permanent  improvements,  the  amount  and  market  value 
of  its  bonds  and  stocks,  the  present  as  compared  with  the 
original  cost  of  construction,  the  probable  earning  ca- 
pacity of  the  property  under  particular  rates  prescribed 
by  the  statute,  and  the  sum  required  to  meet  operating 
expenses,  are  all  matters  for  consideration  and  are 
to  be  given  such  weight  as  may  be  just  and  right  in 
each  case.  And  there  may  be  other  matters  to  be  re- 
garded in  estimating  the  value  of  the  property. 

What  the  company  is  entitled  to  ask  is  a  fair  retuni 
upon  the  value  of  that  which  it  employs  for  the  public 
convenience.  On  the  other  hand,  what  the  public  is  en- 
titled to  demand  is  that  no  more  be  exacted  from  it 
for  the  use  of  a  public  highway  than  the  services  ren- 
dered by  it  are  reasonably  worth.  Smyth  v.  Ames,  169 
U.  S.  52r. 

Judicial  power — Fourteenth  amendment — Fixing 
tariff  and  charges  a  legislative  or  administrative  func- 
tion. In  the  case  of  Reagan  v.  Farmers'  Loan  &  Trust 
Company,  154  U.  S.  396,  399,  the  United  States  Su- 
preme Court  said: 

"It  appears  from  the  bill  that,  in  pursuance  of  the 
powers  given  to  it  by  this  act,  the  State  commission 
has  made  a  body  of  rates  for  fares  and  freights.  This 
body  of  rates,  as  a  whole,  is  challenged  by  the  plaintiff 
as  unreasonable,  unjust,  and  working  a  destruction  of 
its  rights  of  property.  The  defendant  denies  the  power 
of  the  court  to  entertain  an  inquiry  into  that  matter, 
insisting  that  the  fixing  of  rates  for  carriage  by  a  public 
carrier  is  a  matter  wholly  within  the  power  of  the  legis- 
lative department  of  the  government  and  beyond  exam- 
ination by  the  courts. 

"It  is  doubtless  true,  as  a  general  proposition,  that 
the  formation  of  a  tariff  of  charges  for  the  transporta- 
tion by  a  common  carrier  of  persons  or  property  is  a 
legislative  or  administrative  rather  than  a  judicial  func- 
tion. Yet  it  has  always  been  recognized  that  if  a  car- 
rier attempted  to  charge  a  shipper  an  unreasonable 
sum  the  courts  have  jurisdiction  to  inquire  into  that 
matter  and  to  award  to  the  shipper  any  amount  exacted 
from  him  in  excess  of  a  reasonable  rate,  and  also,  in 
a  reverse  case,  to  render  judgment  in  favor  of  the  car- 
rier for  the  amount  found  to  be  a  reasonable  charge. 
The  province  of  the  courts  is  not  changed  nor  the  limit 


of  judicial  inquiry  altered  because  the  legislature,  in- 
stead of  the  carrier,  prescribes  the  rates. 

"The  courts  are  not  authorized  to  revise  or  change 
the  body  of  rates  imposed  by  a  legislature  or  a  com- 
mission; they  do  not  determine  whether  one  rate  is 
preferable  to  another,  or  whether  under  all  of  the  cir- 
cumstances it  would  be  fair  and  reasonable  as  between 
the  carrier  and  the  shipper;  they  do  not  engage  in  any 
mere  administrative  work;  but  still  there  can  be  no 
doubt  of  their  power  and  duty  to  inquire  whether  a 
body  of  rates  prescribed  by  a  legislature  or  a  commission 
is  unjust  and  unreasonable,  and  such  as  to  work  a  prac- 
tical destruction  to  rights  of  property,  and,  if  found 
to  be  so,  to  restrain  the  corporation.  .  .  .  'WTiile  it 
is  not  the  province  of  the  court  to  enter  upon  the  merely 
administrative  duty  of  framing  a  tariff  of  rates  for  car- 
riage, it  is  within  the  scope  of  judicial  power  and  a  pari 
of  judicial  duty  to  restrain  anything  which  in  the  form 
of  a  regulation  of  rates  operates  to  deny  to  the  owners 
of  property  invested  in  the  business  of  transportation 
that  equal  protection  which  is  the  constitutional  right 
of  all  owners  of  other  property.  There  is  nothing  new 
or  strange  in  this.  It  has  always  been  a  part  of  thf 
judicial  function  to  determine  whether  the  act  of  one 
party  (whether  tliat  party  be  a  single  individual,  an  or- 
ganized body,  or  the  public  as  a  whole)  operates  tc 
divest  the  other  party  of  any  rights  of  person  or  prop- 
erty. 

"In  every  constitution  is  the  guaranty  against  the 
taking  of  private  property  for  public  purposes  withoul 
just  compensation.     The  equal  protection  of  the  laws 
which,  by  the  fourteenth  amendment,  no  state  can  den> 
to  the  individual  forbid  legislation,  in  whatever  form  it 
may  be  enacted,  by  which  the  property  of  one  individua'. 
is  without  compensation  wrested  from  him  for  the  bene- 
fit of  another  or  of  the  public.    This,  as  it  has  been  ob- 
served, is  a  government  of  law  and  not  a  government^  ■ 
men,  and  it  must  never  be  forgotten  that  under  sucljp.| 
government,  with  its  constitutional  limitations  and  guar-   : 
anties,  the  forms  of  law  and  the  machinery  of  govern 
ment,  with  all  their  reach  and  power,  must  in  their 
actual  workings  stop  on  the  hither  side  of  the  unneces 
sary  and  uncompensated  taking  or  destruction  of  an_T 
private  property  legally  acquired  and  legally  held. 

"It  was  therefore  within  the  competency  of  the  Cir 
cuit  Court  of  the  United  States  for  the  western  distric- 
of  Texas,  at  the  instance  of  the  plaintiff,  a  citizen  o" 
another  State,  to  enter  upon  an  inquiry  as  to  the  reason  - 
ableness   and   justice   of   the   rates   prescribed   by   tlin . 
railroad  commission."  ^1 

Distinction  between  regulating  facilities  of  comrim^ 
carrier  and  order  fixing  rates  by  commission.     "Th'j 
distinction  between  an  order  relating  to  such  a  subjec; 
(arranging  schedule  of  trains)    and   an   order   fixinjj, 
rates  coming  within  either  of  the  hypotheses  which  ^~ 
have  stated,  is  apparent. 

"This  is  so  because  as  the  primal  duty  of  a  carrier  | 
to  furnish  adequate  facilities  to  the  public,  that  duW 
may  well  be  compelled,  although  by  doing  so  as  an 
incident  some  pecuniary  loss  from  rendering  such  serv- 
ice may  result.  It  follows,  therefore,  that  the  mere 
incurring  of  a  loss  from  the  performance  of  such  a 
duty  does  not  in  and  of  itself  necessarily  give  rise  to 
the  conclusion  of  unreasonableness,  as  would  be  the 
case  where  the  whole  scheme  of  rates  was  unreasonable 
under  the  doctrine  of  Smyth  v.  Ames,  169  U.  S.  527, 
or  under  the  concessions  made  in  the  two  propositions 


sinil, 

1 

Mr 


Digest  of  Decisioxs 


181 


we  have  stated.  Of  course,  the  fact  that  the  furnishing 
of  a  necessary  facility  ordered  may  occasion  an  inci- 
dental pecuniary  loss  is  an  important  criteria  to  be  taken 
into  view  in  determining  the  reasonableness  of  the  or- 
der, but  it  is  not  the  only  one.  As  the  duty  to  furnish 
necessary  facilities  is  coterminous  with  the  powers  of  the 
corporation,  the  obligation  to  discharge  that  duty  must 
be  considered  in  connection  with  the  nature-aird  produc- 
tiveness of  the  corporate  business  as  a  whole,  the  char- 
acter of  the  services  required,  and  the  public  need  for 
its  performance.  A  similar  contention  to  the  one  we 
are  considering  was  adversely  passed  upon  in  Wiscon- 
sin,  etc.,  Ry.  Vo.  v.  Jacohson,  supra.  That  case  in- 
volved the  enforcement  of  an  order  of  a  State  railroad 
commission  directing  a  railroad  company  to  acquire  the 
necessary  land  and  make  a  track  connection  for  the  pur- 
pose of  affording  of  facilitic=  for  the  intercluinire  of 
business  with  another  road.  The  court,  after  holding 
that  the  order  was  not  so  unjust  and  unreasonable  as  to 
be  repugnant  to  the  constitution  of  the  United  States, 
disposed  of  the  contention  that  the  order  was  void  be- 
cause compliance  with  it  would  necessitate  the  incurring 
of  expense,  by  saying  (179  U.  S.  302)  : 

"  'Although  to  carry  out  the  judgment  may  require 
the  exercise  by  the  plaintifF  in  error  of  the  power  of 
eminent  domain,  and  will  also  result  in  some,  compara- 
tively speaking,  small  expense,  yet  neither  fact  fur- 
nishes an  answer  to  the  application  of  defendant  in 
error.'  Worcester  v.  NorwicJc  &  IF.  R.  Co.,  109  Mass. 
112;  People  ex  rel.  Green  v.  Dutchess  £•  C.  R.  Co.,  58 
N.  Y.  152,  163;  People  ex  rel.  Kiinball  v.  Boston  &  A 
R.  Co.,  70  N.  Y.  569 ;  People  v.  New  York,  L.  E.  &  W. 
R.  Co.,  104  N.  Y.  58,  67."  Atlantic  Coast  Line  Ry.  Co. 
r.  N.  Carolina  Corp.  Comm.,  206  U.  S.  1,  27. 

Express  company — Common  carriers.  Under  the 
Rev.  Civ.  Code,  So.  Dak.,  1903,  section  1577,  providing 
that  everyone  that  offers  to  carry  persons,  property,  or 
messages,  is  a  common  carrier  of  whatever  he  thus  offers 
to  carry,  an  express  company  offering  to  carry  money  for 
hire  is  a  common  carrier  thereof.  Piatt  v.  Le  Cocq  et  al.. 
150  Fed.  391. 

Express  company — Subject  to  railroad  regulation. 
Under  the  express  provision  of  the  Iowa  Code,  No.  2165, 
laws  relating  to  transportation  of  property  by  railroad 
companies  are  applicable  to  express  companies.  McMil- 
lan V.  American  Ex.  Co.,  98  N.  W.  (Iowa)  629. 

When  statute  not  repealed  by  implication  by  enact- 
ment of  another — Regulation  of  freight  rates.  Section 
2629,  Rev.  Stat,  of  (Mo.)  1889  (being  the  same  as 
section  1126,  Rev.  Stat.  1899),  was  not  repealed  by 
implication  by  the  enactment  of  section  2637,  Rev. 
Stat.  1889  (being  the  same  as  1134,  Rev.  Stat.  1889). 
The  fact  that  section  2629  was  passed  in  obedience  to 
the  express  mandate  of  the  constitution  is  a  cogent 
reason  for  holding  that  section  2637  did  not  repeal  it. 
Section  2629  has  for  its  object  the  regulation  of  freight 
charges  in  any  direction,  the  same  or  opposite  direction, 
over  the  same  road  regardless  of  "circumstances  and 
conditions."  Section  2637  by  its  term  is  limited  to  its 
regulation  of  freight  charges  for  shipment  over  that 
part  of  the  railroad  "in  the  same  direction,  under  simi- 
lar circumstances  and  conditions."  They  both  stand 
together,  and  for  the  violation  of  the  terms  of  the  for- 
mer by  the  railroads,  by  charging  greater  freight  rates 
for  the  shipping  of  coal  to  a  town  in  one  direction  than 
is  charged  by  the  same  road  for  the  shipping  of  coal 
a  greater  distance  to  a  town  in  another  direction,  the 


shipper  can  recover  three  times  the  difference  in  the 
amount  of  the  charges  as  damages.  McOrew  v.  Mo.  Par. 
Ry.  Co.,  177  Mo.  523. 

New  statute — Effect  on  former  statute.  When  a  new 
statute  deals  with  the  entire  subject  matter  of  a  former 
it  repeals  the  old  statute.  Section  1711  of  South  Caro- 
lina Code  of  1902,  imposing  a  penalty  upon  common 
carriers  for  failure  to  deliver  freight,  is  repealed  by 
act  of  1903,  p.  81,  because  (1)  the  provision  of  the 
latter  is  inconsistent  with  those  of  the  former;  (2)  a 
part  being  repealed  by  implication,  carries  the  whole, 
when  all  the  provisions  are  connected  in  subject  matter ; 
(3)  the  latter  deals  with  the  entire  subject  matter  of 
the  former.  Johnson  v.  So.  Ry.,  69  S.  C.  323,  48  S.  E. 
260. 

Provision  in  railroad  charter  over  certain  percentage 
profit  to  be  paid  school  fund  is  permissive,  not  manda- 
tory. A  provision  in  a  charter  of  a  railroad  company 
that  the  legislature  may  so  regulate  tolls  that  no  more 
than  a  certain  percentage  shall  be  divided  as  profits  to 
the  stockholders,  and  the  surplus  shall  be  paid  over  to 
the  State  treasurer  for  the  use  of  schools,  held  in  this 
case  to  be  permissive  and  not  mandatory  and  that  until 
the  State  acted  or  made  a  demand  the  railroad  company 
could  act,  as  it  saw  tit  as  to  its  entire  earnings.  When, 
therefore,  the  company  surrendered  its  original  charter 
and  accepted  a  new  one  without  such  provision  and 
there  had  up  to  that  time  been  no  attempt  on  the  part 
of  the  State  to  regulate  tolls  nor  any  demand  made  for 
surplus  earnings  the  company  was  free  from  liability 
under  the  original  charter,  and  subsequent  legislation 
attempting  to  amend  its  charter,  or  the  general  railroad 
law,  would  not  affect  its  rightri.  Tenr  Haute  cf-  I. 
R.  Co.  V.  Indiana,  194  U.  S.  579. 

Interstate  telegraph  license  fee.  When  a  telegraph 
company  is  doing  the  business  of  transmitting  messages 
between  different  States,  and  has  accepted  and  is  acting 
under  the  telegraph  law  passed  by  congress  July  24, 
1866,  no  State  within  which  it  sees  fit  to  establish  an 
office  can  impose  upon  it  a  license  tax,  or  require  it  to 
take  out  a  license  for  the  transaction  of  such  business. 

A  general  license  tax  on  a  telegraph  company  affects 
its  entire  business,  interstate  as  well  as  domestic  or  in- 
ternal, and  is  unconstitutional.  Leloup  v.  Port  of  Mo- 
bile, 127  U.  S.  641. 

Interstate  carrier  must  pay  local  license  fees.  An 
express  company  that  takes  packages  in  New  York 
City  at  railway  terminals  to  which  they  have  been 
brought  from  other  States  and  delivers  them  to  the 
addressee,  is  engaged  in  interstate  business,  but  never- 
theless is  subject  to  the  city  ordinances  of  New  York 
requiring  a  license  fee  of  $5.00  for  each  wagon  per 
year,  and  the  employment  of  licensed  drivers  only. 
Barrett  v.  New  York  (1910),  183  Fed.  Rep.  793,  on 
motion  for  preliminary  injunction  to  restrain  enforce- 
ment of  the  ordinance. 

Registration  of  foreign  corporations — Kentucky.  The 
requirement  of  the  Kentucky  statute  that  a  foreign 
corporation  in  order  to  obtain  the  right  to  own  prop- 
erty or  exercise  the  right  of  eminent  domain,  must 
first  become  a  body  corporate  under  the  laws  of  Ken- 
tucky. Held  not  to  be  an  interference  with  interstate 
commerce.  Plummer  v.  Chesapeake  tP  0.  Ry.  Co.  of 
Kentucky  (1911),  143  Ky.  102,  136  S.  W.  Rep.  162. 

Registration  of  foreign  corporations — Wisconsin.  A 
Minnesota  corporation  sold  and  shipped  goods  from 
Minnesota  to  a  buver  in  Wisconsin  and  took  a  chattel 


182 


National  Association  of  Railway  Commissionees 


mortgage  on  the  stock  of  the  buyer  to  secure  payment 
of  the  price.  Held  that  it  could  foreclose  the  mortgage 
without  first  registering  in  the  office  of  the  Wisconsin 
secretary  of  State,  in  compliance  with  the  Wisconsin 
statute  requiring  corporations  of  other  States  to  so 
register  before  they  could  do  business.  F.  A.  Patrick 
&  Co.  V.  De^champ  (1911),  —  Wis.  — ,  129  N.  W. 
Eep.  1096. 

Registration  of  foreign  corporations — Wisconsin. 
Wisconsin  statute  prohibiting  foreign  corporations  from 
doing  business  without  registering,  etc.  Held  not  to 
apply  to  transactions  constituting  interstate  commerce. 
F.  A.  Patrick  &  Co.  v.  Deschamp  (1911),  —  Wis.  — , 
129  N.  AV.  Rep.  1096. 

Foreign  corporation — Registration  laws.  A  sales 
agent  in  St.  Louis  for  a  Wisconsin  corporation  took 
an  order  at  St.  Louis  for  a  motor  boat,  to  be  built  in 
Wisconsin  and  shipped  to  St.  Louis.  The  order  was 
transmitted  to  Wisconsin  and  there  accepted  by  the 
boat  builder.  Held  that  the  transaction  was  interstate 
commerce  and  the  fact  that  the  Wisconsin  corporation 
was  not  registered  in  Missouri,  as  required  by  the  Mis- 
souri statute,  was  immaterial.  Koenig  v.  Truscott  Boat 
Mfg.  Co.  (1911),  —  Mo.  App.  — ,  135  S.  W.  Eep.  514. 

Registration  of  foreign  corporations — Wisconsin. 
When  a  Minnesota  corporation  carries  lumber  from  one 
point  in  Wisconsin  to  another  point  in  Wisconsin, 
without  having  registered  with  the  secretary  of  state,  as 
required  by  a  Wisconsin  statute,  it  cannot  maintain  its 
suit  to  recover  the  price  agreed  to  be  paid  for  the  work. 
Independent  Tug  Line  v.  Lake  Superior  Lumber  £  Box 
Co.  (1911),  —  Wis.  — ,  131  N.  W.  Eep.  408. 

Registration  of  foreign  corporations — South  Dakota. 
A  foreign  corporation  shipping  goods  into  South  Da- 
kota need  not  comply  with  the  registration  laws  of 
South  Dakota  before  it  can  maintain  its  action  for  the 
price  in  a  South  Dakota  Court.  Sioux  Remedy  Co.  v. 
Lindgren  (1911),  —  S.  D.  — ,  130  N.  W.  Eep.  49. 

Foreign  corporations — -State  registration  laxv.  Con- 
tract between  a  Pennsylvania  corporation  and  an  Ala- 
bama corporation  for  the  sale  of  iron  to  the  former  by 
the  latter.  Held  to  have  been  made  in  Alabama  and, 
therefore,  suable  in  Pennsylvania,  although  the  Ala- 
bama corporation  had  not  complied  with  the  Pennsyl- 
vania statute  as  to  registration.  Tacony  Iron  Co.  r. 
Sloss-Sheffield  Steel  &  Iron  Co.  (1911),  188  Fed. 
Eep.  896. 

Statute  ousting  corporation  which  removed  its  cases. 
Mississippi  statute  held  valid  and  constitutional  which 
provided  that  a  foreign  corporation  should  forfeit  its 
right  to  do  business  in  Mississippi  if  it  should  remove 
to  a  U.  S.  Court  a  suit  that  could  not  be  maintained 
against  it  there  if  it  were  a  domestic  corporation. 
State  V.  Louisville  &  Nashville  R.  Co.  (1910),  — 
Miss.  — ,  53  So.  Eep.  454. 

Refusing  to  accept  freight.  A  State  may  impose  a 
penalty  on  a  carrier  for  refusing  to  accept  freight  for 
shipment  into  another  State.  Reid  v.  Southern  Ry.  Co. 
(1910),  153  N.  C.  490,  69  S.  E.  Rep.  618. 

Long  and  short  haul — Overcharge.  Eecovery  by  a 
shipper  of  coal  of  $7,462.43  for  overcharges,  i.e.,  charges 
of  a  greater  rate  per  ton  for  a  short  haul  than  for  a 
longer  haul,  affirmed  by  a  divided  Supreme  Court. 
McGrew  v.  Missouri  Pacific  Ry.  Co.  (1910),  —  Mo.  — , 
132  S.  W.  Rep.  1076. 

Missouri  statute  against  discrimination.  Missouri 
statute  against  imjust  discrimination,  of  April  1,  1872, 


held  constitutional.     McGrew  v.  Missouri  Pacific  Ry. 
Co.  (1910),  —  Mo.  — ,  132  S.  W.  Rep.  1076. 

Uneeda  biscuit — When  subject  to  local  statute. 
Where  a  box  containing  numerous  5-cent  packages  of 
"Uneeda  biscuit"  is  shipped  from  Chicago  to  Nebraska 
and  opened  there  by  the  recipient,  the  opened  package 
ceases  to  be  the  subject  of  interstate  commerce,  and  the 
recipient,  exposing  it  for  sale,  may  be  prosecuted  for 
violation  of  a  Nebraska  statute  which  requires  that  the 
weight  must  be  stamped  upon  each  package.  Ex  parte 
Agnew  (1911),  —  Neb.  — ,  131  N.  W.  Rep.  817;  ex 
parte  King  (1911),  —  Neb.  — ,  131  N.  W.  Rep.  820; 
ex  parte  Page  (1911),  —  Neb.  — ,  131. N.  W.  Rep.  82C. 

Double  liability  for  fire  caused  by  sparks.  Soutli 
Dakota  statutes  imposing  double  liability  for  fires  caused 
by  sparks  from  locomotives  and  for  stock  killed  for  want 
of  fences  and  cattle  guards,  held  constitutional.  Jen- 
sen V.  South  Dakota  Central  Ry.  Co.  (1910),  —  S.  D. 
— ,  127  N.  W.  Eep.  650;  Sidel  v.  South  Dakota  Central 
Ry.  Co.  (1910),  —  S.  D.  — ,  127  N.  W.  Rep.  653; 
Kramm  v.  South  Dakota  Central  Ry.  Co.  (1910),  ■« 
S.  D.  — ,  127  N.  W.  Rep.  655.  ■  | 

Attorneys'  fees — Texas  statute.     Texas  statute   lo- 
the    recovery    of    attorneys'    fees    by    persons    having 
claims    against    railroad    companies,    held    unconstitu 
tional.    Texas  &  Pacific  Ry.  Co.  v.  Youngblood  (1910), 
—  Tex.  Civ.  App.  — ,  132  S.  W.  Rep.  898. 

Boom  company  a  common  carrier.     In  Washingtoi 
a  boom  company  is  subject  to  regulation  as  a  commoi 
carrier.     State  v.  Superior  Court  of  Lewis  County,^  ■ 
Wash.  — ,  110  Pac.  Rep.  1017.  ^  | 

Denmrrage  rules — Michigan.  The  Michigan  rail 
road  commission  can  establish  demurrage  rules  only  a 
to  transportation  wholly  within  the  State  of  Michigan 
Ann  Arbor  R.  Co.  v.  Michigan  Railroad  Commissioi 
(1910),  —  Mich.  — ,  127  N.  W.  Rep.  746,  17  Det 
Legal  News  773. 

Crossings  in  Illinois.  The  Illinois  statute  providing 
that  the  railroad  and  warehouse  commission  may  deter 
mine  the  manner  in  which  one  railroad  shall  cross  an 
other  and  place  the  expense  on  the  road  desiring  t( 
cross,  is  not  unconstitutional,  and  applies  where  ai 
electric  interurban  line  desires  to  cross  an  existin< 
steam  road.  Chicago  &  S.  Traction  Co.  v.  Illinoi 
Central  R.  Co.  (1910),  246  111.  146,  92  N.  E.  Rep.  583 

Power  to  remove  bridge.  The  canal  board  of  Nev 
York  held  without  power  to  remove  the  railroad  bridge 
of  the  Ijehigh  Valley  Railroad  Company  over  the  Seneci 
River  without  replacing  it  with  another.  Statutes  con 
strued.  Lehigh  Valley  R.  Co.  v.  Canal  Board  (1910 
69  Miss.  Rep.  (N.  Y.)  251,  125  N.  Y.  Supp.  227.      " 

Quarantine  districts — State  statides.     Orders  of 
secretary    of    agriculture    establishing    quarantine    dis 
tricts    and    making    regiilations    for   the    sliipment    o ' 
stock  therefrom,  under  the  act  of  February  2,   1903, 
supersede   State  statutes  to  the  contrary.     When  such 
an  order  permits  the  shipment  of  Texas  cattle  to  Wash- 
ington for  immediate  slaughter  the  Washington  statui  ■ 
forbidding  the  importation  of  such  cattle  must  give  Wii  \ 
Chicago,  B.  &  Q.  R.  Co.  v.  Frye-Bruhn  Co.  (1911),  ] 
Fed.  Rep.  15. 

State  may  punish  negligence  in  interstate  carrier.  A 
State  may,  by  statute,  penalize  negligence  in  a  foreign 
corporation  doing  business  within  its  borders,  and  it 
makes  no  difference  that  such  negligence  occurs  while 
it  is  conducting  interstate  commerce.  Western  Union 
Telegraph  Co.  v.  Commercial  Milling  Co.  (1910),  Sl-^ 


oil  • 

II 


Digest  op  Decisions 


183 


U.  S.  406,  31  Sup.  Ct.  Eep.  59,  —  L.  Ed.  — ,  affirming 
151  Mich.  425,  115  N.  W.  Eep.  698. 

State  may  abolish  board  of  trade  rule.  A  board  of 
trade  rule  that  the  buyer  of  each  carload  of  grain  shall 
be  excused  from  paying  for  100  pounds  thereof  (to 
cover  admixture  of  dirt)  may  be  abolished  by  an  act  of 
the  State  legislature  making  it  a  misdemeanor  for  the 
buyer  to  make  such  deduction.  House  v.  Mayes  (1910), 
219  U.  S.  270,  —  L.  Ed.  —  31  Sup.  Ct.  Eep.  234, 
affirming  227  Mo.  617,  127  S.  W.  Eep.  305. 

State  may  regulate  sales  for  future  delivery.  A  Mis- 
souri statute  regulating  sales  for  future  delivery  held 
not  to  be  a  regulation  of  interstate  commerce,  although 
the  property  sold  was  at  the  time  in  course  of  transpor- 
tation in  interstate  commerce.  Broadnax  v.  State 
(1910),  219  U.  S.  2«5,  31  Sup.  Ct.  Eep.  238,  —  L. 
Ed.  —   affirming  228  Mo.  25,  128  S.  W.  Eep.  177. 

Tariff  association.  A  State  has  the  power  to  penalize 
a  foreign  corporation  doing  business  within  its  borders 
for  being  connected  with  a  tariff  association  by  which  its 
rates  are  fixed.  German. Alliance  Insurance  Company 
V.  Hale  (1910),  219  U.  S.  307,  31  Sup.  Ct.  Eep.  246, 

—  L.  Ed.  — . 

Telegraph  company  may  be  forbidden  to  limit  liabil- 
ity. A  State  statute  under  which  a  telegraph  company 
cannot  limit  its  liability  for  negligence  in  transmitting 
a  message  to  a  person  in  another  State  held  consti- 
tutional. Western  Union  Telegraph  Co.  v.  Commercial 
Milling  Co.  (1910),  218  U.  S.  406,  31  Sup.  Ct.  Eep.  59, 

—  L.  Ed.  — ,  affirming  151  Mich.  425,  115  N.  W.  Eep. 
698.  ^ 

State  may  regulate  bucket  shops.  Missouri  statute 
regulating  bucket  shops  held  not  unconstitutional  as  a 
regulation  of  interstate  commerce.  Broadnax  v.  Mis- 
souri  (1910),  219  U.  S.  285,  31   Sup.  Ct.  Eep.  238, 

—  L.  Ed.  — ,  affirming  228  Mo.  25,  128  S.  W.  Eep. 
177.  ^ 

State  may  prescribe  crews  of  interstate  trains.  A 
State  statute  as  to  the  number  of  brakemen  required 
may  be  valid  although  restricted  in  its  operation  to 
railroads  exceeding  fifty  miles  in  length.  Chicago,  Roch 
Island  &  Pacific  R.  Co.  v.  Arkansas  (1910),  219  TJ.  S 
453,  31  Sup.  Ct.  Eep.  275,  —  L.  Ed.  — ,  affirming  86 
Ark.  412,  111  S.  W.  Eep.  456. 

State  may  prescribe  number  of  brakemen.  The  State 
of  Arkansas  has  the  power,  by  statute,  to  fix  the  number 
of  brakemen  that  an  interstate  carrier  must  have  upon 
its  trains,  running  within  that  State,  irrespective  of  the 
character  of  brakes  and  safety  appliances  used,  con- 
gress having  passed  no  statute  upon  that  subject.  Chi- 
cago, R.  I.  &  P.  R.  Co.  V.  Arkansas  (1910),  219  U.  S. 
453,  31  Sup.  Ct.  Eep.  275,  —  L.  Ed.  — ,  affirming  86 
Ark.  412,  111  S.  W.  Eep.  456. 

State  may  forbid  advertisement  in  cars.    The  city  of 
New  York  may.  under  the  police  power,  prohibit  an 
automobile  stage  line  from  displaying  advertising  on 
the  outside  of  its  vehicles.     Fifth  Are.  Coach  Co    r 
New  York  (1911),  —  U.  S.  —  31  Sup.  Ct.  Eep.  709, 

—  L.  Ed.  — ,  affirming  194- K  Y.  19,  21  L.  E.  A.  (N 
S.)  744,  86  N.  E.  Eep.  824,  16  A.  &  E.  Ann.  Cas.  695, 
126  App.  Div.  (N.  Y.)  657,  111  N.  Y.  Sup.  1037. 

Railway  relief  association — Iowa  statute.  The  Iowa 
statute  providing  that  the  acceptance  of  benefits  under 
a  contract  of  membership  in  a  relief  department  of  a 
railway  shall  not  bar  an  employe's  suit  for  personal 
iiijuries  is  valid  and  not  unconstitutional.  Chicago, 
Burlington  &  Quincy  R.  Co.  v.  McGuire  (1910),  219 


U.  S.  549,  31  Sup.  Ct.  Eep.  259,  —  L.  Ed.  — ,  affirm- 
ing 338  Iowa  664,  116  N.  W.  Eep.  801. 

Legislature  cannot  bargain  away  police  power.  The 
police  power  of  the  State  cannot  be  bargained  away  by 
the  legislature.  Texas  &  N.  0.  R.  Co.  v.  Miller  (1910), 
—  U.  S.  — ,  31  Sup.  Ct.  Eep.  534,  —  L.  Ed.  — ,  affirm- 
ing —  Tex.  Civ.  App.  — ,  128  S.  W.  Eep.  1165. 

Municipal  ownership  provision  in  franchise  contract. 
Where  the  charter  of  a  water  company  fixed  the  terms 
upon  which  its  franchise  may  be  acquired  by  the  mu- 
nicipality, the  State  is  without  power  to  acquire  the 
franchise  on  any  other  terms  without  the  water  com- 
panv's  consent.  Manheim  Borough  r.  Manheim  Water 
Co.' (1910),  229  Pa.  St.  177,  78  Atl.  Eep.  93. 

State  order  restricted  to  State  traffic.  When  a  State 
railroad  commission  makes  an  order  that  is  not  by  its 
terms  restricted  to  State  traffic  the  courts  will  construe 
it  as  applying  only  to  State  traffic  and  not  to  interstate 
traffic.  Chicago,  I.  <$;  L.  R.  Co.  v.  Railroad  Commis- 
sion of  Indiana  (1911),  —  Ind.  — ,  95  N.  E.  Eep.  364, 
368. 

Notice  to  carrier  of  proposed  orders  of  commission.  A 
statute  authorizing  a  railroad  commission  to  make  orders 
affecting  common  carriers  may  be  valid  although  it 
contains  no  specific  provision  for  notice  to  the  carriers 
affected,  and  a  hearing  before  such  orders  are  made. 
Missouri  Pacific  R.  Co.  v.  Railway  Commissioners  of 
Kansas  (1911),  —  Kan.  — ,  116  Pac.  Eep.  896,  citing 
Detroit,  etc.,  R.  Co.  v.  Osborn,  189  TJ.  S.  383,  23  Sup. 
Ct.  Eep.  540,  47  L.  Ed.  860. 

Statute  valid  although  penalties  large.  The  fact  that 
a  statute  provides  drastic  penalties — $1,000  a  day  for 
neglecting  to  build  a  terminal  when  ordered — does  not 
make  it  invalid.  Missouri  Pac.  R.  Co.  v.  Railway  Com- 
missioners of  Kansas  (1911),  85  Kan.  229,  116  Pac. 
Eep.  896. 

Orders  for  freight  terminals.  Order  of  Kansas  Eail- 
way  Commission  requiring  railroads  to  construct  and 
maintain  freight  terminals  at  Kansas  Cit}^  Kan.,  and 
Argentine,  Kan.,  held  valid.  Held  that  the  trial  court 
properly  refused  to  enjoin  the  enforcement  of  it.  Mis- 
souri Pacific  R.  Co.  V.  Railway  Commissioners  of  Kan- 
sas (1911),  85  Kan.  229,  116  Pac.  Eep.  896. 

Railroad  statutes  construed  together.  All  statutes  af- 
fecting railroad  and  other  carriers  are  to  be  construed 
as  if  the  entire  enactment  had  been  made  at  the  same 
time.  And  a  provision  for  previous  notice  to  the  car- 
riers affected  in  one  statute  is  to  be  construed  as  apply- 
ing to  proceedings  under  all  of  them.  Missouri  Pac. 
R.  Co.  V.  Railway  Commissioners  of  Kansas  (1911),  85 
Kan.  229,  116  Pac.  Eep.  896. 

Telephone  ordinance  held  confiscatory.  A  city 
ordinance  that  established  telephone  rates  so  low  that 
the  company  cannot  set  aside,  to  cover  depreciation,  a 
sum  equal  to  7  per  cent  of  the  present  value  of  its 
plant,  exclusive  of  real  estate,  working  capital  and 
supplies  on  hand,  and  pay  besides  an  annual  dividend 
of  7  per  cent  of  the  present  value  of  its  property  used 
in  the  service  of  the  public,  is  unreasonable  and  the  en- 
forcement thereof  will  be  enjoined.  Cumberland  Tele- 
phone (&  Telegraph  Co.  v.  Louisville  (1911),  187  Fed. 
Eep.  637. 

Interstate  commerce — When  State  control  begins.  An 
interstate  shipment  of  liquor  does  not  become  subject 
to  regulation  by  the  State  in  which  the  consignee  re- 
sides until  it  lias  been  delivered  by  the  carrier  to  the 
consignee.    Dandgerv.  Stone  (1909),  187  Fed.  Eep.  853. 


184 


National  Association  op  Eailway  Commissioners 


Interstate  commerce — License  fees.,  A  solicitor  for 
orders  for  a  Chicago  tea  and  coffee  house  wliich  ships 
goods  in  original  packages  direct  to  the  buyer  should 
not  be  required  to  pay  license  to  a  municipality  in 
Missouri  as  a  peddler.  .  He  is  engaged  in  interstate  com- 
merce. Jewel  Tea  Co.  v.  Lee's  Summit  (1911),  189 
Fed.  Rep.  280. 

State  agency  of  foreign  manufacturer.  A  Pittsburg, 
Pa.,  corporation  manufacturing  electric  lamps  main- 
tained an  agent  in  Michigan  and  through  him  sold 
lamps  and  contracted  to  keep  them  in  repair.  It  was  not 
registered  as  a  foreign  corporation  in  Michigan.  Held 
that,  therefore,  it  cnuld  not  recover  a  balance  due  to  it 
from  its  agent.  The  transaction  was  held  not  to  be 
interstate  commerce.  Nernst  Lamp  Co.  v.  Conrad, 
(1911),  —  Mich.  — ,  131  N.  W.  Rep.  120,  18  Det.  Legal 
News  310. 

Notice  before  discontinuing  trains — Florida.  Per- 
emptory mandamus  granted  requiring  Florida  State 
railroads  to  obey  rule  12  of  the  State  Railroad  Com- 
mission requiring  ten  days'  notice  to  be  given  and  per- 
mission of  the  railroad  commission  to  be  obtained  be- 
fore any  regular  train  could  be  discontinued.  State  v. 
Atlantic  Coast  Line  R.  Co.  (1911),  —  Fla.  — ,  54  So. 
Rep.  900.  See  also  State  v.  Same  (1911),  60  Fla.  — , 
54  So.  Rep.  394. 

Powers  conferred  on  commission  by  general  terms. 
General  powers  given  to  a  railroad  commission  are  in- 
tended to  confer  other  powers  than  those  specifically 
enumerated  by  the  legislature.  General  power  is  given 
because  of  the  difficulty  of  making  in  advance  a  specific 
enumeration  of  all  powers  intended  to  be  granted. 
State  V.  Atlantic  Coast  Line  R.  Co.  (1911),  —  Fla.  — , 
54  So.  Rep.  900. 

Order  to  maintain  office  and  records  within  State.  A 
general  office  order  of  the  Oklahoma  Corporation  Com- 
mission requiring  all  public  service  companies,  foreign 
and  domestic,  to  maintain  an  office  and  certain  books, 
accounts,  etc.,  in  Oklahoma,  held  not  appealable  to  the 
courts.     Atchison,  T.  &  S.  F.  R.  Co.  v.  State  (1911), 

—  Okl.  — ,  114  Pac.  Rep.  728. 

Order  to  stop  interstate  trains.  Order  of  Oklahoma 
Corporation  Commission  to  stop  an  interstate  train  at  a 
certain  station  set  aside  because  not  justified  by  the 
facts.     St.  Louis  &  S.  F.  R.  Co.  v.  Pollard   (1911), 

—  Okl.  — ,  116  Pac.  Rep.  784,  following  St.  Louis  & 
S.  F.  R.  Co.  V.  Reynolds,  26  Okl.  804,  110  Pac.  Rq). 
668. 

Street  railway — Interurban  line.  An  interurban  elec- 
tric railway  held  a  "street  railway"  in  so  far  as  its  line 
extended  within  the  city  of  Seattle,  and  subject  as  such 
to  regulation  by  the  city  authorities.  State  v.  Seattle 
R.  &  S.  Ry.  Co.  (1911),  —  Wash.  — ,  116  Pac.  Rep. 
638. 

Damages  and  penalties  in  one  suit.  In  Kansas  a 
shipper  may  in  the  same  suit  recover  penalties  provided 
for  in  the  mutual  demurrace  statute  and  damages  re- 
sulting from  the  carrier's  violation  thereof.  Star  Orain 
&  Lumber  Go.  v.  Atchison,  T.  &  8.  F.  Ry.  Co.  (1911), 
85  Kan.  281,  116  Pac.  Rep.  906. 

Interstate  commerce — Coal  shipped  to  dealer.  A  coal 
company  at  Davenport,  la.,  had  coal  shipped  to  it  from 
Illinois,  held  there  on  interchange  tracks  and  shipped 
to  consumers  as  fast  as  it  was  bought  by  them.  Held 
that  upon  its  delivery  to  the  coal  company  at  Davenport 
the  coal  became  subject  to  regulation  by  the  Iowa  rail- 
road commission  and  ceased  to  be  the  subject  of  inter- 


I 


state  commerce.  State  v.  Chicago,  M.  &  St.  P.  Ry.  Co. 
(1911)  —  Iowa  — ,  130  N.  W.  Rep.  802. 

State  police  regulation  of  interstate  commerce.  Mili 
shipped  from  Illinois  to  St.  Louis  to  be  sold  becomes, 
immediately  upon  delivery  to  the  consignee,  subject  tc 
the  St.  Louis  police  regulations  designed  to  protccl 
the  public  health  by  requiring  a  certain  standard  oi 
purity.  St.  Louis  v.  Niehaus  (1911),  —  Mo.  — ,  13S 
S.  W.  Rep.  450. 

Missouri  Public  Utilities  act.  Missouri  Public  Utili- 
ties act  of  1907  held  valid  in  its  application  to  telephone 
companies.  Home  Telephone  Company  v.  Carthagi 
(1911),  —  Mo.  — ,  139  S.  W.  Rep.  547. 

Initial  carrier — Liability  in  Texas.  Initial  carriei 
held  not  liable  for  injury  to  stock  in  Texas  in  the  ab- 
sence of  any  evidence  tending  to  show  negligence  31 
its  part.  Marten  v.  Kansas  City,  M.  &  0.  Ry.  Co. 
(1911),  —  Tex.  — ,  139  S.  W.  Rep.  615. 

Texas  statute  as  to  contributory  negligence.  Texas 
statute  cutting  out  the  defense  of  contributory  negli- 
gence where  personal  injury  is  caused  through  defec  ts 
in  a  railroad  held  valid.  Recovery  of  $6,750  sustain  'd 
where  a  section  hand  was  thrown  from  a  hand  c  ii 
through  a  low  joint  in  the  track.  Missouri,  K.  &  T.  1. 
Co.  V.  Turner  (1911),  —  Tex.  Civ.  App.  — ,  138  S.  W. 
Rep.  1126. 

Street  car  fender  ordinance.  Ordinance  requiri);g 
street  cars  to  be  equipped  with  fenders  held  to  be  a 
reasonable  and  valid  exercise  of  the  police  power.  Jeck ;/ 
V.  Seattle  R.  &  S.  Ry.  Co.  (1910),  —  Wash.  — ,  1  1 
Pac.  Rep.  791. 

Connecting  carriers — South  Carolina  statute.  T  le 
South  Carolina^  statute  making  connecting  carriers 
agents  of  each  other  lield  to  apply  only  to  state  ai  d 
not  to  interstate  shipments.  Smith  &  Southern  Ry.  C  o. 
(1911),  —  S.  C.  — ,  71  S.  E.  Rep.  989. 

State  traffic  entering  another  state.  A  South  Cai  )- 
lina  statute  held  valid  that  subjected  a  railroad  to  pe  i- 
alties  for  delay  in  moving  a  shipment  from  one  poi  i1 
in  South  Carolina  to  another  point  in  South  Caroli  la 
where  the  route  lay  in  part  through  another  State.  T  le 
court  said  the  statute  was  a  valid  exercise  of  the  poliee 
power.  Traynham  v.  Charleston  &  W.  C.  Ry.  C  o. 
(1911),  —  S.  C.  — ,  71  S.  E.  Rep.  813,  citing  Wet- 
em  Union  Tel.  Co.  v.  Crovo,  220  U.  S.  364,  31  Sup.  (  t, 
Rep.  400,  55  L.  Ed. 

Order  to  remove  stockyards.  Order  of  commissi  )n 
to  remove  stockyards  from  the  business  center  of  Iso- 
wata,  Okla.,  to  a  point  on  the  outskirts  sustained.  Orcei 
for  rebuilding  of  passenger  station  referred  back  ioi 
further  evidence.  St.  Louis,  I.  M.  &  S.  Ry.  Co.  v.  Sti  tt 
(1910),  —  Okla.  — ,  111  Pac.  Rep.  396. 

Order  for  subway  crossing.  Order  of  Indiana  Rail- 
road Commission  sustained  requiring  a  railroad  in  i 
town  of  700  to  construct  a  subway  crossing  under  its 
track  where  its  track  crossed  the  main  street  of  ihe 
town.  WaMsh  R.  Co.  v.  Railroad  Commissioners  nj 
Indiana  (1911),  —  Ind.  —   95  N.  E.  Rep.  673. 

Penalty  for  overcharge.  Action  by  a  passenger  againsi 
a  railroad  to  recover  the  statutory  penalty  for  an  over- 
charge of  fare.  Judgment  of  $150  reversed  because  snii 
was  not  brought  in  the  right  county.  Pennsylvania  Co 
V.  O'Connell   (1911),  —  Ohio  — ,  95  N.  E.  Rep.  773 

Legislature  or  commission  may  locate  railroad  star 
tions.  The  legislature  may  change  the  location  of  rail- 
road stations  or  may  delegate  that  power  to  a  railroad 
commission,  either  absolutely,  or  subject  to  review  bj 


Digest  of  Decisions 


185 


the  courts;  provided  only  that  in  exercising  this  power 
the  State  must  act  reasonably  and  must  not  confiscate 
the  property  of  the  railroad.  Horton  v.  Southern  By. 
Co.  (1911),  —  Ak.  — ,  55  So.  Rep.  531. 

State  may  require  interstate  road  to  huilcl  spur.  A 
State  railroad  commission  may  properly  require  an  in- 
terstate railroad  to  construct  a  spur  track  over  which 
freight  may  be  shipped  to  points  outside  the  State.  St. 
Louis  I.  M.  &  8.  By.  Co.  v.  State-  (1911),  (—  Ark.  — . 
136  S.  W.  Rep.  938,  945,  and  cases  there  cifed. 

State  cannot  prevent  export  of  gas.  Natural  gas  may 
be  the  subject  of  interstate  and  State  commerce,  and  the 
State  cannot  prohibit  its  delivery  to  persons  outside 
the  State.     West  v.  Kansas  Natural  Gas  Co.   (1910), 

—  U.  S.  — ,  31  Sup.  Ct.  Rep.  564,  —  L.  Ed.  — ,  affirm- 
ing 172  Fed.  Rep.  545. 

State  may  punish  negligence  of  interstate  carrier. 
A  State  may  penalize  a  telegraph  company  for  its  neg- 
ligence in  failing  to  forward  promptly  a  message  sent  to 
a  person  in  another  State.  Western  Union  Telegraph 
Co.  V.  Crovo  (1911),  —  U.  S.  — ,  31  Sup.  Ct.  Rep.  399, 

—  L.  Ed.  — . 

State  may  define  negligence.  A  State  may,  by  statute, 
provide  what  shall  constitute  prima  facie  evidence  of  a 
given  fact — such  as  negligence.  Mobile,  Jackson  & 
Kansas  City  B.  Co.  r.  Turnipseed  (1910),  219  U.  S. 
35,  31  Sup.  Ct.  Rep.  136,  —  L.  Ed.  — ,  affirming  91 
Miss.  373,  124  Am.  St.  Rep.  679,  46  So.  Rep.  360. 

State  may  fix  quantum  of  proof.  A  Mississippi 
statute  that  "in  all  actions  against  railroad  companies 
fi>i-  damages  done  to  persons  or  property,  proof  of  injury 
in  flitted  by  the  running  of  the  locomotives  or  cars  of 
such  company  shall  be  prima  facie  evidence  of  the  want 
of  reasonable  skill  and  care  on  the  part  of  the  servants 
of  the  company  in  reference  to  such  injury,"  held 
valid.  Mobile,  Jacl'son  &  Kansas  City  B.  Co.  v.  Turnip- 
seed  (1910),  219  U.  S.  35,  31  Sup.  Ct.  Kep.  136,  —  L. 
Ed.  — ,  affirming  91  Miss.  273,  124  Am.  St.  Rep.  679,  46 
3o.  Rep.  360. 

State  may  abolish  fellow  servant  rule.  A  State  may 
ibolish  the  fellow  servant  rule  as  to  railway  companies. 
Mobile,  Jackson  &  Kansas  City  B.  Co.  v.  Turnipseed 
(1910),  319  U.  S.  35,  31  Sup.  Ct.  Rep.  136,  —  L.  Ed. 
— ,  affirming  91  Miss.  273,  124  Am.  St.  Rep.  679,  46 
So.  Rep.  360. 

State  may  compel  fm-eign  lessee  railroad  to  pay  fran- 
chise tax.  An  Illinois  corporation  operating  a  railroad 
in  Kentucky  may  be  held  liable  for  a  franchise  tax  im- 
posed by  Kentucky  on  the  railroad  in  question  and 
judgment  may  be  entered  against  the  Illinois  corpora- 
tion in  a  proceeding  in  personam.  Illinois  Central  B. 
Oo.  V.  Kentucky  (1910),  218  U.  S.  551,  31  Sup.  Ct. 
Rep.  95,  —  L.  Ed.  — ,  affirming  128  Kv.  368,  108  S. 
W.  Rep.  245. 

City  may  open  streets  under  railroad  ivithout  paying 
for  bridges.  Bridges  that  a  railway  may  be  compelled 
to  build  by  reason  of  the  opening  of  highways  under 
:heir  tracks  need  not  be  paid  for  by  the  municipalities 
ihat  open  the  streets.  Cincinnati,  Indianapolis  <6 
Western  By.  Co.  v.  Connersville  (1910),  218  U.  S.  336, 
31  Sup.  Ct.  Rep.  93,  —  L.  Ed.  — ,  affirming  170  Ind. 
J16,  83  N.  E.  Rep.  503. 

Power  of  city  to  open  street  under  railroad.  A  city 
nay  open  a  street  through  the  embankment  of  a  railway, 
10  that  the  railway  company  will  be  obliged  to  build  and 
naintain  a  bridge  over  the  street  -without  paying  the 
railway  for  the  cost  of  the  bridge.    Cincinnati^,  Indian- 


apolis &  Western  Ry.  Co.  v.  Connersville  (1910),  318  U. 
S.  336,  31  Sup.  Ct.  Rep.  93,  —  L.  Ed.  — ,  affirming 
170  Ind.  316,  83  N.  E.  Rep.  503. 

Order  presumed  valid.  The  presumption  is  that  the 
order  of  a  railroad  commission  is  just  and  reasonable 
and  warranted  by  law.  St.  Louis,  I.M.  &  S.  Ry.  Co.  v. 
State  (1911),  —  Ark.  — ,  136  S.  W.  Rep.  938. 

Order  must  be  sustained  by  evidence  in  the  record. 
Where  the  statute  requires  the  evidence  in  which  a  com- 
mission makes  its  order  to  be  preserved  and  the  com- 
mission does  not  preserve  the  evidence,  the  order  cannot 
be  sustained  on  the  mere  presumption  that  it  is  reason- 
able. State  v.  Railroad  Commission  of  Washington 
(1900),  —  Wash.  — ,  110  Pac.  Rep.  1075. 

Order  to  build  spur  track  held  valid.  The  order  of  a 
railroad  commission,  made  after  due  notice  and  hearing, 
requiring  a  railroad  to  build  a  spur  track  does  not  de- 
prive the  railroad  of  its  property  without  due  process 
of  law.  St.  Louis,  I.  M.  &  S.  By.  Co.  v.  State  (1911), 
—  Ark.  — ,  136  S.  W.  Rep.  938,  945,"  citing  Louisville 
&  N.  R.  Co.  v.  Schmidt,  177  U.  S.  230,  30  Sup.  Ct. 
Rep.  620,  44  L.  Ed.  747. 

Order  for  spur  held  reasonable.  Order  for  spur  track 
held  not  unreasonable,  although  it  appeared  that  the 
cost  of  construction  and  maintenance  would  exceed  the 
probable  revenue,  the  point  at  which  it  was  required 
being  sparsely  settled  timber.  St.  Louis,  I.  M.  &  S.  By. 
Co.  V.  State  (1911)  >  —  Ark.  — ,  136  S.  W.  Rep.  938. 

Order  for  spur  track — Form.  Form  of  order  of  rail- 
road commission  for  the  building  of  a  spur  track.  St. 
Louis,  I.  M.  £  S.  By.  Co.  v.  State  (1911),  —  Ark.  — , 
136  S.  W.  Rep.  936,  940. 

Order  for  spur  track.  A  legislature  may  delegate  to 
a  railroad  commission  the  power  to  require  a  railroad 
to  construct  a  spur  track.  St.  Louis,  I.  M.  &  8.  By.  Co. 
V.  State  (1911),  —  Ark.  — ,  136  S.  W.  Rep.  938. 

Order  as  to  spur  track.  Order  to  extend  spur  track 
300  feet  held  reasonable.  State  v.  Bailroad  Commission 
of  Washington  (1910),  —  Wash.  — ,  110  Pac.  Rep. 
1075. 

Order  to  move  station  held  unreasonable.  Order  of  a 
railroad  commission  that  a  railroad  station  be  moved 
500  feet  so  as  to  be  at  the  center  of  the  town  held  unrea- . 
sonable.  State  v.  Bailroad  Commission  of  Washington 
(1910),  —  Wash.  — ,  110  Pac.  Rep.  1075.  See  Mor- 
gan's La..  £  Tex.  R.  &  8.  Co.  v.  Bailroad  Commission  of 
La.  (1911),  —  La.  — ,  53  So.  Rep.  890. 

Exception  of  short  roads  from  Georgia  statute.  Ex- 
ception of  tram  roads,  mill  roads  and  lumber  and  log- 
ging roads  from  the  operation  of  a  statute  requiring 
headlights  of  a  certain  description  on  locomotives  held 
not  to  invalidate  the  statute.  Atlantic  Coast  Line  B. 
Co.  V.  State  (1910),  —  Ga.  — ,  69  S.  E.  Rep.  725,  730. 
Georgia  headlight  statute  held  valid.  Georgia  statute 
of  August  17,  1908,  requiring  "all  railroad  companies" 
to  equip  their  locomotives  with  headlights  of  a  specified 
brilliancy  and  size  held  to  be  constitutional ;  held  to 
apply  to  interstate  as  well  as  state  traffic;  held  to  apply 
to  individuals  or  a  single  individual  operating  a  railroad, 
as  well  as  to  a  corporation,  and  held  not  to  deprive  rail- 
roads affected  of  property  without  due  process  of  law. 
Atlantic  Coast  Line  B.  Co.  v.  State  (1910),  —  6a.  — , 
69  S.  E.  Rep.  735. 

Penalty  for  failing  to  settle  freight  claim.  Where  the 
statute  provides  that  $50  penalty  for  failing  to  settle 
a  shipper's  claim  for  lost  freight  for  60  days  after  the 
claim  is  "filed"  with  the  railroad's  agent,  there  can  be 


186 


National  Association  of  Eailway  Commissioners 


I 


no  recovery  of  such  penalty  where  the  railroad  has  been 
merely  notified  verbally  of  the  claim.  Kivg  v.  Atlantic 
Coast  Line  R.  Co.  (1910),  86  S.  C.  509,  69  S.  E.  Eep. 
769. 

Louisiana  statute  —  Loss  of  freight.  A  Louisiana 
statute  giving  claimant  for  loss  of  freight  a  penalty  of 
$50  if  the  claim  is  not  settled  within  60  days  construed 
as  not  requiring  the  carrier  to  pay  the  penalty  unless 
the  goods  have  been  actually  delivered  into  its  possession. 
Freight  delivered  to  a  connecting  carrier  at  St.  Louis 
was  lost  by  the  connecting  carrier  and  never  delivered 
to  defendant.  Held  that  defendant  was  not  liable  for 
the  penalty.  Stothard  v.  Louisiana  Ry.  &  Nav.  Co. 
(1910),  —  La.  — ,  53  So.  Eep.  658. 

Municipality  cannot  prevent  supervision  by  the  com- 
mission. A  municipality  in  granting  a  franchise  cannot 
by  any  bargain  it  may  make  relieve  the  railway  from 
supervision  and  control  by  the  corporation  commission. 
The  county  commissioners  of  Tulsa  county,  Okla., 
granted  the  Tulsa  Street  Eailway  Company  a  franchise 
to  build  track  from  the  city  of  Tulsa  to  the  fair  grounds 
and  stipulated  that  the  line  need  not  be  operated  when 
the  fair  was  not  being  held.  Held  that  the  corporation 
commission  had  power  to  require  the  company  to  oper- 
ate the  line  at  all  times.  Tulsa  St.  Ry.  Co.  v.  State 
(1910),  26  Okla.  559,  110  Pae.  Eep.  373. 

Carrier  limiting  liability— Pennsylvania  rule.  Inter- 
state commerce  legislation  held  not  to  prevent  the  Penn- 
sylvania courts  from  enforcing  against  an  interstate 
carrier  the  Pennsylvania  rule  that  a  carrier  cannot  by 
contract  limit  its  liability  for  loss  caused  by  the  negli- 
gence of  itself  or  of  a  connecting  carrier,  although  the 
rule  is  different  in  the  United  States  courts.  Wright  v. 
Adams  Express  Co.  (1910),  43  Pa.  Superior  Ct.  40, 
affirmed  in  Wright  v.  Adams  Express  Co.  (1911),  230 
Pa.  635,  —  Atl.  Eep.  — . 

State  law  governs  carrier's  contract.  The  state  law 
applies  as  to  a  carrier's  contract  limiting  its  liability 
for  the  negligence  of  itself  or  a  connecting  carrier  when 
it  is  sued  in  a  State  court,  and  not  the  federal  court 
rule,  which  is  in  favor  of  the  validity  of  such  contracts. 
Wright  V.  Adams  Express  Co.  (1911),  230  Pa.  St.  635, 
—  Atl.  Eep.  — . 

Refusal  to  furnish  cars— exemplary  damages.  Ex- 
emplary damages  may  be  recovered  by  the  shipper  where 
the  carrier  refuses  to  furnish  cars  upon  demand  through 
malice  and  with  intent  to  injure  the  shipper  and  disable 
him  from  carrying  out  his  contracts.  Waugh  v.  Oulf 
Coast  &  S.  F.  Ry.  Co.  (1910),  —  Tex.  Civ.  App.  — , 
131  S.  W.  Eep.  843. 

Order  for  more  trains  held  had.  Order  of  railroad 
commission  held  illegal  when  it  required  the  running  of 
two  additional  trains  between  specified  stations  at  an 
expense  of  $11,349  for  year,  when  the  probable  revenue 
from  them  would  be  only  $900  per  j'ear.  Texas  & 
Pacific  Ry.  Co.  v.  Railroad  Commission  of  La.  (1910), 
127  La.  — ,  53  So.  Eep.  660. 

Order  for  subway  and  baggage  house.  Order  affirmed 
that  a  railroad  build  a  subway  under  its  tracks  and  a' 
baggage  house  and  platform  on  plans  drawn  by  the 
public  service  commission  instead  of  its  own  plans. 
Bacon  v.  Boston  &  Maine  R.  Go.  (1910),  83  Vt.  52«,  77 
Atl.  Eep.  858. 

Village,  in  Minnesota,  may  order  crossings  changed. 
Held  in  Minnesota  that  the  railroad  commission  of  that 
State  has  not  the  exclusive  power  to  order  changes  in 
highway  crossings  in  a  village  and  that  the  village  also 


may  order  changes.     State  v.  Great  Northern  Ry.  Go. 
(1911),  —  Minn.  — ,  131  F.  W.  Eep.  330. 

Mandamus  to  compel  railroad  to  keep  books  in  State. 
Where  a  statute  passed  subsequently  to  the  formation 
of  a  corporation  provides  that  the  corporation  shall 
keep  books  of  account  and  that  each  stockholder  shall 
have  the  right  to  inspect  them,  mandamus  lies  to  com- 
pel the  corporation  to  comply  with  the  statute  in  those 
regards.  It  hiakes  no  difference  what  is  the  motive  of 
the  stockholder  in  demanding  such  examination.  Venner 
v.  Chicago  City  Ry.  Go.  (1910),  246  111.  170,  92  N.  E. 
Eep.  643. 

Courts  held  without  power  to  compel  railroads  to 
stop  trains.  Held  in  Utah,  that,  in  the  absence  of  any 
statute  on  the  subject,  courts  have  no  power  to  compel  aa 
interurban  railroad  to  stop  its  cars  upon  request,  at 
points  other  than  those  at  which  it  elects  to  stop.  State 
v.  Ogden  Rapid  Transit  Co.  (1910),  —  Utah  — ,  113 
Pac.  Eep.   120,  124. 

Judicial  notice  of  rates.  The  courts  of  Georgia  take 
judicial  notice  of  rates  and  classsifications  made  by  the 
Georgia  railroad  commission.  Central  of  Georgia  Ri . 
Go.  V.  Butler  Marble  &  G.  Co.  (1910),  —  Ga.  App.  -, 
68  S.  E.  Eep.  775. 

Notice  to  furnish  cars.  Notice  to  carrier  by  shipper 
to  furnish  cars  for  shipment  of  logs  immediately  hel  1 
insufficient  when  the  statute  provided  for  three  days' 
notice.    Waugh  v.  Gulf  Coast  &  8.  F.  Ry.  Co.  (1910), 

—  Tex.  Civ.  App.  — ,  131  S.  W.  Eep.  843. 

City  may  interfere  with  interstate  commerce  to  pre- 
lect public  health.  A  municipality  may  interfere  witi 
interstate  commerce  when  it  is  necessary  to  do  so  t  > 
protect  the  public  health.  It  may  prohibit  the  im- 
portation from  another  State  of  milk  from  cows  that 
have  not  been  certified  to  be  free  from  tuberculosis. 
Borden's  Condensed  Milk  Co.  v.  Montclair  (1911),=^ 
N.  J.  — ,  80  Atl.  Eep.  30.  Mi 

Police  power  as  to  imported  milk.  The  importa'tio  i 
of  milk  from  another  State  may  be  prevented  by  i 
municipality  when  the  cows  furnishing  the  milk  have  nc  t 
been  examined  for  tuberculosis  or  have  not  stood  thj 
test.  Borden's  Condensed  MUk  Go.  v.  Montclair  (1911), 

—  N.  J.  — ,  80  Atl.  Eep.  30. 

State  courts — Jurisdiction.  The  act  of  congress 
making  the  initial  carrier  liable  for  the  negligence  cf 
connecting  carriers  of  an  interstate  shipment  may  be 
enforced  in  the  State  courts.  Central  of  Ga.  Ry.  CoM^ 
Sims  (1910),  —  Ala.  — ,  53  So.  Eep.  826.  H| 

Texas  statute  held  void  as  to  interstate  shipmenti'.l 
Texas  statute  imposing  penalty  upon  carriers  for  failing' 
to  deliver  freight  upon  tender  of  charges  held  void  as. 
to  interstate  shipments.  Trinity  &  B.  V.  Ry.  Go^U 
Geppert,  —  Tex.  Civ.  App.  — ,  135  S.  W.  Eep.  164.  ^| 

Stipulation  of  carrier  limiting  liability— Iowa.  The 
Iowa  law  governs  as  to  the  validity  of  a  stipulation  by  aa 
interstate  carrier  limiting  its  liability  for  loss  caused 
by  its  negligence,  when  the  suit  against  the  carrier 
is  brought  in  an  Iowa  court.  Winn  v.  American  Ex- 
press Co.,  —  Iowa  — ,  128  N.  W.   (1910),  Eep.  662. 

Goal  shipped  to  Iowa  coal  dealer  subject  to  Iowa  law. 
Coal  shipped  from  Illinois  to  a  consignee  in  Iowa,  de- 
livered to  the  consignee  in  Iowa,  held  by  him  there 
until  sold  and  then  shipped  by  him  to  the  buyer,  ceased 
to  be  the  subject  of  interstate  commerce  upon  delivery 
to  the  consignee  in  Iowa  and  subject  to  regulation  by 
the  Iowa  railroad  commission.    State  v.  Chicago,  M.  de 


Digest  of  Decisions 


187 


St.  P.  By.  Go.  (1911),  —  Iowa  — ,  130  N.  W.  Eep. 
802. 

Delay  does  not  bar  the  suit  of  a  city  to  compel  railway 
to  charge  lawful  fares.  Within  nineteen  months  a  street 
railroad  increased  its  rates  of  fare  three  times  above 
the  rate  fixed  by  its  contract  with  the  municipality. 
Held  that  the  municipality  was  not  barred  by  laches 
or  acquiescence  from  maintaining  its  suit/ in  equity  to 
restrain  tlie  railway  from  charging  anything^n  excess  of 
the  stipulated  rate.  Weatheriee  v.  Dedham  &  F.  St. 
By.  Co.  (1911),  —  Mass.  — ,  79  N".  E.  Rep.  81. 

Massachusetts  railroad  commission  law  held  not  to 
release  existing  contracts.  The  ordinance  granting  a 
street  railway  franchise  contained  a  stipulation  of  the 
rate  of  fare  to  be  charged.  After  it  had  been  accepted 
by  the  railway  the  legislature  passed  an  act  withdrawing 
from  local  authorities  power  to  fix  fares.  Held  that 
the  contract  between  the  municipality  and  the  railway 
was  not  altered  by  the  statute  and  that  the  railway 
continued  to  be  bound  by  the  terms  of  the  ordinance. 
Weatheriee  v.  Dedham  &  F.  St.  By.  Co.  (1911),  — 
Mass.  — ,  95  N.  E.  Eep.  81. 

A  commission's  statutory  power  to  investigate.  A 
Kentucky  statute  which  authorizes  the  railroad  commis- 
sion to  hear  complaints  and  fix  just  rates  held  not 
unconstitutional  on  the  ground  that  it  confers  judicial 
powers  upon  the  commission.  Louisville  &  N.  B.  Co.  v. 
Siler  (1911),  186  Fed.  Eep.  176,  183.  The  court 
said  that  the  constitution  was  not  intended  to  prevent 
either  the  legislature  or  the  railroad  commission  from 
investigating  and  finding  out  the  facts.  See  also 
Prentis  v.  Atlantic  Coast  Line  Co.  (1908).  211  U.  S. 
210,  29  Sup.  Ct.  Eep.  67,  53  L.  Ed.  150. 

Missouri  railroad  commission  law  valid.  Wlien  a 
State  constitution  provides  that  the  general  assembly 
may  pass  laws  "to  correct  abuses  and  prevent  unjust 
discriminations  and  excessive  charges"  by  common  car- 
riers, the  general  assembly  is  thereby  authorized  to  create 
a  railroad  commission  and  vest  in  it  the  whole  unre- 
stricted power  of  the  people  necessary  to  the  proper 
regulation  of  such  carriers,  including  the  power  to  re- 
quire a  railroad  to  build  a  spur  track.  <S'/.  Louis,  J.  M. 
&  S.  By.  Co.  V.  State  (1911),  —  Ark.  — ,  136  S.  W. 
Eep.  938,  939. 

Oregon  demurrage  statute  constitutional.  The  Ore- 
gon demurrage  act  held  not  to  be  unconstitutional. 
Since  congress  has  not  passed  any  act  requiring  carriers 
to  furnish  cars  upon  demand  by  shippers  or  imposing 
penalties  in  that  regard,  the  field  is  left  open  for  the 
States  to  cover  as  to  interstate  as  well  as  State  car- 
riers subject  to  the  requirement  that  the  rules  prescribed 
by  the  State  as  to  interstate  roads  must  be  reasonable 
and  must  leave  interstate  traffic  free  and  imrestricted. 
Martin  v.  Oregon  B.  &  N.  Co.  (1910),  —  Ore.  —  ,  113 
Pac.  Eep.   16. 

Order  for  daily  train  service  held  unreasonable.  Or- 
der of  the  Washington  railroad  commission  requiring  the 
Northern  Pacific  to  operate  a  mixed  train  daily,  except 
Sunday,  on  the  14-mile  branch  line  between  South 
Aberdeen  and  Ocosta,  where  a  real  estate  boom  had 
collapsed,  held  unreasonable.  The  court  thought  two 
'trains  a  week  were  enough.  State  v.  Bailroad  Commis- 
sion of  Washington  (1911),  —  Wash.  — ,  113  Pac. 
Eep.  252. 

State  may  indirectly  force  reduction  of  interstate 
rates.  A  State  railroad  commission  may  lawfully  so 
reduce  rates  within  the  State  that  the  carrier  may  be 


obliged  to  reduce  its  interstate  rates.     Louisville  &  N. 
B.  Co.  V.  Siler  (1911),  186  Fed.  Eep.  176. 

Nevada  rates  on  lumber.  Eates  fixed  by  the  Nevada 
railroad  commission  for  transportation  of  lumber  ex- 
amined on  motion  for  preliminary  injunction  and  in- 
junction denied.  Woodside  v.  Tonopah  £  G.  B.  Co. 
(1911),  184  Fed.  Rep.  358. 

Appeal  from  rate  order- -Washington.  Washington 
statute  construed  to  oblige  the  trial  judge  to  require 
a  compensation  bond  upon  appeal  from  an  order  of  the 
railroad  commission  fixing  rates.  State  v.  Mitchell 
(1910),  —  Wash.  — ,  111  Pac.  Eep.  873. 

Bate  held  not  confiscatory.'  Where  only  5  per  cent  of 
a  railroad's  business  is  State  business,  a  reduction  of  the 
State  passenger  rate  from  3  cents  to  2%  cents  per 
mile  is  not  confiscatory.  Washington  Southern  By.  Co. 
V.  Commonwealth  (1911),  —  Va.  — ,  71  S.  E.  Eep.  539. 

Street  railway  transfer  rule  held  reasonable.  A  rule 
of  a  street  railway  company  making  it  the  duty  of  the 
passenger  to  see  that  the  time  is  correctly  punched  on 
his  transfer  held  to  be  reasonable.  Held  that  where  no 
time  was  punched  on  his  transfer  the  passenger  pre- 
senting it  to  a  connecting  line  may  properly  be  ejected. 
Weber  v.  Bochester  S.  &  E.  By.  Co.  (1911),  129  N.  Y. 
Supp.  304. 

Extension  of  city  limits — Effect  on  fares.  Extension 
of  the  limits  of  a  city  does  not  justify  a  street  railway 
in  charging  additional  fare  for  carriage  of  passengers 
to  the  new  city  limits.  People  v.  Detroit  United  By. 
(1910),  162  Mich.  460,  127  N.  W.  Eep.  748,  17  Detroit 
Legal  News  673. 

Street  railway  issuance  of  universal  transfers.  Held 
that  the  city  of  Shreveport,  La.,  could  not  compel  the 
issuance  by  a  street  railway  company  of  universal  trans- 
fers. City  of  Shreveport  v.  Shreveport  Traction  Co. 
(1911),  127  La.  — ,  53  La.  Eep.  863;  Shreveport  Trac- 
tion Co.  V.  City  of  Shreveport  (1908),  12^  La.  1,  47  So. 
Rep.  40,  129  Am.  St.  Eep.  345,  citing  Cleveland,  v. 
Cleveland  City  By.  Co.  (1904),  194  U.  S.  534,  24  Sup. 
Ct.  Rep.  756,  48  L.  Ed.  1102. 

Street  railways — Exchange  of  transfers.  Held  that 
the  city  of  Taeoma  could  not  compel  two  street  railway 
companies  to  exchange  transfers  with  each  other.  State 
v.  Taeoma  By.  &  Power  Co.  (1911),  —  Wash.  — ,  112 
Pac.  Eep.  506. 

Lumber  intended  to  be  shipped  to  another  State. 
Where  the  Arkansas  railroad  commission  makes  a  rate 
on  lumber  to  be  cut  and  shipped  to  the  mill  with  the 
understanding  that  it  is'  there  to  be  sawed  and  shipped 
over  the  same  line  to  points  out  of  the  State,  the  making 
of  such  rate  is  not  a  regulation  of  interstate  commerce, 
because  the  lumber  does  not  become  a  subject  of  inter- 
state commerce  until  the  mill  delivers  it  to  the  carrier 
for  shipment  into  the  other  State.  Chapman  &  Dewey 
Land  Co.  v.  Jonesboro,  L.  C.  &  E.  B.  Co.  (1911),  — 
Ark.  — ,  133  S.  W.  Eep.  1119. 

Extortion — Extra  charge  to  passenger  who  buys  no 
ticket.  Extra  charge  to  passenger  who  pays  his  fare  in 
cash  upon  the  train  held  to  subject  the  railroad  to  the 
statutory  penalty  for  asking  or  receiving  more  than  the 
lawful  rate  of  fare.  It  made  no  difference  that  the  con- 
ductor gave  the  passenger  a  refunding  slip.  Hogan  v. 
Long  Island  B.  Co.  (1910),  126  N.  Y.  Supp.  449. 

Selling  street  car  transfer.  The  purchase  of  a  street 
car  transfer  without  an  actual  attempt  to  use  it  held 
not  a  violation  of  the  Chicago  ordinance  in  reference 


188 


National  Association  of  Eailway  Commissioneks 


to  transfers.     Chicago  v.  Taub   (1909),  150  111.  App. 
611. 

Legislature  may  change  local  rates  of  fare.  Where 
the  contract  between  a  municipality  and  a  railway  pro- 
vides that  the  railway  shall  not  charge  in  excess  of  speci- 
fied fares,  the  legislature  may,  by  statute  accepted  by 
the  railway,  change  the  rates  of  fare.  Manitowoc  v. 
Manitowoc  &  N.  Traction  Co.  (1911),  —  Wis.  — ,  129 
N.  W.  Eep.  925,  931.  Weatherbee  v.  Dedham  &  F.  St. 
By.  Co.  (1911),  —  Mass.  — ,  95  N.  E.  Eep.  81. 

Illegal  rates  enjoined.  A  city  having  made  a  valid 
contract  with  an  interurban  railway  that  fares  should 
not  be  charged  in  excess  of  specified  rates  is  entitled 
to  an  injunction  restraining  the  railway  from  charging 
more  than  those  rates.  Manitowoc  v.  Manitowoc  &  N. 
Traction  Co.  (1911),  —  Wis.  — ,  129  X.  W.  Eep.  925. 

Municipal  power  to  regulate  fares — Wisconsin.  In 
"Wisconsin  a  municipality  may  refuse  to  allow  an  inter- 
urban railway  company  to  pass  through  it  or  may  con- 
dition its  consent  upon  the  railroad's  agreeing  to  charge 
only  specified  fares.  Manitowoc  v.  Manitowoc  &  N. 
'Traction  Co.  (1911),  —  Wis.  — ,  129  N.  W.  Eep.  925, 
928,  citing  cases. 

Sugar-cane  rates  held  confiscatory.  Eates  for  the 
carriage  of  sugar-cane  within  Louisiana  and  ordered 
by  the  railroad  commission  of  Louisiana  held  to  be 
confiscatory  and  therefore  annulled  at  the  cost  of  the 
commission.  The  court  states  the  evidence  quite  fully 
in  its  opinion.  Morgan's  La.  £  Tex.  R.  &  S.  Co.  v. 
Railroad  Commission  of  La.  (1911),  — •  La.  ■ — ,  53  So. 
Eep.  890.  See  also  State  v.  Railroad  Commission  of 
Washington  (1910),  —  Wash.  — ,  110  Pac.  Eep.  1075. 

A  State  cannot  enjoin  illegal  rates.  A  State  cannot 
maintain  its  bill  in  equity  in  the  United  States  Su- 
preme Court  to  enjoin  a  foreign  railroad  from  charging 
illegal  rates  within  its  borders.  Oklahoma  v.  Atchison, 
Topeha  &  S.  F.  R.  Co.  (1911),  —  U.  S.  — ,  31  Sup.  Ct. 
Eep.  434,  — L.  Ed.  — ,  or  to  enjoin  railways  from  violat- 
ing its  liquor  laws.  Oklahoma  v.  Gulf,  Colorado  &  S.  F. 
R.  Co.  (1911),  —  U.  S.  — ,  31  Sup.  Ct.  Eep.  437,  — 
L  Ed.  — . 

Triple  damages  for  extortion.  Evidence  held  not  to 
sustain  a  judgment  awarding  triple  damages  for  extor- 
tion on  the  part  of  a  railroad  in  hauling  coal  two  miles 
from  mine  to  factory.  Sparta  Gas  &  Electric  Co.  v. 
Illinois  Southern  By.  Co.  (1910),  247  111.  346,  93  N.  E. 
Eep.  312'. 

Louisiana,  mileage  book  statute.  A  Louisiana  statute 
requiring  railroads  doing  business  in  Louisiana  to  issue 
mileage  books,  good  for  members  of  the  purchaser's 
family,  held  unconstitutional,  depriving  the  railroad  of 
its  property  without  due  process  of  law.  State  v.  Bonne- 
val  (1911),  —  La.  — ,  55  So.  Eep.  569,  citing  Lake 
Shore  &  M.  S.  R.  Co.  v.  Smith,  173  U.  S.  684,  19  Sup. 
Ct.  Eep.  565,  43  L.  Ed.  858. 

Triple  damages  for  discrimination.  The  Pennsyl--. 
vania  statute  of  1883  giving  the  shipper  a  right  to  re- 
cover treble  damages  for  discrimination  held  not  to  be 
repealed  by  the  statute  of  1917  providing  a  remedy 
for  discrimination  by  suit  to  be  begun  by  the  attorney- 
general.  Eepeals  by  implication  are  not  favored.  Jack- 
son V.  Pennsylvania  R.  Co.  (1910),  —  Pa.  — ,  77  Atl. 
Eep.  905. 

Pennsylvania  rate  statutes  held  unconstitutional.  A 
Pennsylvania  statute  that  obliged  a  carrier  to  carry 
passengers  at  a  loss  held  to  give  way  before  a  provision 
in  the  constitution  that  the  charter  of  the  railroad  can 


.  n. 

1i 


,     V. 


be  altered  only  in  such  a  way  that  no  injustice  shall  be 
done  to  its  stockholders.  Philadelphia  &  R.  By.  Co.  v. 
County  of  Philadelphia  (1911),  —  Pa.  — ,  77  Atl. 
Eep.  892. 

Bate  fixing  may  be  delegated  to  a  commission.  Fix- 
ing a  rate  is  a  legislative  act  that  the  legislature  may 
delegate  to  a  commission.  Determining  whether  or  not 
the  rate  fixed  is  reasonable  is  a  judicial  act  which  is 
for  the  courts.  Chicago,  I.  &  L.  R.  Co.  v.  Railroad 
Commission  of  Indiana  (1911),  —  Ind.  — ,  95  N.  E. 
Eep.  364. 

Indiana  commission — Implied  powers.  The  Indiana 
railroad  commission  held  to  have  implied  power  to  re- 
quire a  railroad  to  remove  cars  from  a  connecting  line  to 
its  public  tracks.  Chicago,  I.  &  L.  Ry.  Co.  v.  Railroad 
Commission  of  Indiana  (1911),  —  Ind.  — ,  95  N.  ^_ 
Eep.  364.  ^1 

Order  to  take  and  deliver  freight.  Order  requiring 
one  railroad  to  take  freight  from  another  railroad  and 
deliver  it  to  industries  held  valid.  Chicago  I.  &  L.  R. 
Co.  V.  Railroad  Commission  of  Indiana  (1911),  —  Ir 
— ,  95  N.  E.  Eep.  364. 

Rates  from  industry  to   track.     Eates   fixed  h\ 
Indiana  railroad  commission  from  industries  to  railroads 
held  not  to  be  excessive.     Chicago,  I.  &  L.  By.  Co.  v. 
Railroad  Commission  of  Indiana  (1911),  —  Ind. 
N.  E.  Eep.  364. 

Police  power  of  State  over  commerce  on  grain.  Tl 
Missouri  statute  that  sales  of  grain,  seed,  hay  or  coal 
shall  be  made  on  the  basis  of  the  actual  weight  thereof 
and  making  it  a  misdemeanor  for  the  buyer  to  deduct 
100  pounds  from  the  weight  of  each  carload  thereof  to 
cover  loss  by  dirt  and  foreign  matter  in  accordance  with 
the  rules  of  the  Kansas  City  Board  of  Trade  is  a  valid 
exercise  of  the  police  power  of  the  State.  House  v. 
Mayes  (1910),  219  U.  S.  270,  31  Sup.  Ct.  Eep.  234,  — 
L.  Ed.  — ,  affirming  227  Mo.  617,  127  S.  W.  Eep.  305. 

City's  power  to  make  binding  contract  as  to  rates.  A 
statute  that  gives  a  city  the  right  to  determine  "the 
manner,  terms  and  conditions"  upon  which  a  railroad 
shall  occupy  its  streets  with  track  does  not  give  the  city 
the  power  to  make  a  binding  contract  with  the  railroad 
as  to  the  rates  to  be  charged  bv  the  railroad.  T.  B. 
Townsend  Brick  Co.  v.  Central  Trust  Co.  (1911),  187 
Fed.  Eep.  63. 

State  power  to  fix  state  rates.  A  State  has  the  power 
to  establish  reasonable  and  fair  rates  for  the  carriage  of 
freight  within  the  State.  Arkansas  Bato  Cases  (1911), 
187  Fed.  Eep.  290. 

Ohio  coal  rates  from  mine  to  lake  ports.  The  State 
of  Qhio  has  no  power  to  prescribe  rates  for  the  carriage 
of  coal  from  mines  in  Ohio  to  a  lake  port  in  Ohio  when 
the- coal  is  delivered  on  board  a  vessel  there  for  shipment 
to  another  state.  Railroad  Commission  of  Ohio  mm 
Worthington  (1911),  187  Fed.  Eep.  965.  f  | 

State  may  restrain  excessive  rates.  The  State,  by  its 
attorney-general,  may  maintain  its  suit  by  information 
to  restrain  a  public  carrier  from  exacting  freight  rates 
ii;  excess  of  those  fixed  by  statute.  It  is  no  defense  that 
the  State  has  long  acquiesced  in  the  collecting  of  higher 
rates,  nor  that  the  general  subject  of  rate  regulation 
has  been  confided  to  a  railroad  commission.  State  v. 
Boston  £  Maine  R.  Co.  (1909),  75  N.  H.  327,  74  Atl. 
Eep.  542. 

Limiting  number  of  witnesses.  A  statute  empowering 
the  railroad  commission  to  limit  the  number  of  wit- 


Digest  of  Decisions 


189 


nesses  on  liearing  before  it  is  not  unreasonable.  State  v. 
Ry.  Commission  (Wash.),  100  Pac.  Bep.  179. 

Penalty  held  reasonable.  A  penalty  of  $100  prescribed 
by  State  statute  for  a  railroad  company's  failure  to  re- 
fund, on  proper  demand,  an  overcharge  in  freight  is  not 
objectionable  as  disproportionate  to  a  claim  of  $1.39, 
since  the  penalty  is  not  imposed  to  facilitate  the  collec- 
tion of  claims,  but  to  enforce  the  performance  of  a  car- 
rier's duty.  Efland  v.  So.  Ry.  Co.,  146  N(C.  129,  135; 
59  S.  E.  359. 

Failure  to  settle  claims.  The  Florida  statute  that  re- 
quires carriers  to  settle  claims  for  lost  or  injured  freight 
within  60  days,  and,  upon  failure  to  do  so,  requires 
them  to  pay  interest  at  50  per  cent  per  year  and  attor- 
ney's fees,  held  valid.  Atlantic  Coast  Line  R.  Co.  v. 
Coochman  (1910),  —  Fla.  — ,  52  So.  Eep.  377,  discuss- 
ing the  cases. 

Statute  penalizing  delay  constitutional.  A  State  stat- 
ute subjecting  a  carrier  to  a  penalty  for  failure  to  adjust 
and  pay  a  claim  for  loss  of  or  damage  to  property  within 
the  time  prescribed  does  not  impose  an  unlawful  burden 
on  interstate  commerce  in  violation  of  the  United  Statea 
constitution.  Article  1,  section  8,  conferring  on  con- 
gress the  right  to  regulate  interstate  commerce.  Raleigh 
Iron  Wks.  V.  So.  Ry.  Co.,  62  S.  E.  595. 

State  control — Railroad  commissions.  Nothing  in  the 
federal  constitution  or  statutes  prevents  a  State  from 
creating  a  board  of  railroad  commissioners  and  prescrib- 
ing their  power,  or  from  regulating  or  forbidding  the 
consolidation  of  railroad  corporations,  or  from  prescrib- 
ing the  routes  of  railroads  and  providing  that  parallel 
and  competing  lines  shall  so  remain.  M.,  .J.  &  K.  C. 
R.  Co.  V.  State,  210  U.  S.  187. 

Constitution  need  not  provide  for  railroad  commis- 
sion. An  act  creating  a  board  of  railroad  commissioners 
with  power  to  regulate  and  control  the  operation  of  com- 
mon carriers  is  not  invalid  because  the  constitution  does 
not  specifically  provide  for  the  creation  of  railroad  com- 
missioners. State  V.  Mo.  Pac.  Ry.  Co.  (Kan.),  76  Kan. 
467,  92  Pac.  Rep.  606. 

Delegation  of  legislative  power.  A  law  authorizing 
railroad  commissioners  to  establish  state  inspection  of 
grain  "at  such  places  or  in  such  territory  as  in  their 
opinion  may  be  necessary,"  held  invalid  as  a  delegation 
to  the  commissioners  of  legislative  power  to  determine 
where  and  when  the  law  shall  be  in  force.  Merchants' 
Exch.  of  St.  Louis  v.  Knott,  212  Mo.  616,  111  S.  W.  565. 

"Use"  of  free  pass.  One  who  gives  a  free  pass  to  an- 
other, who  is  not  entitled  to  ride  upon  it,  with  the  intent 
that  such  other  person  shall  obtain  free  transportation, 
is  subject  to  the  penalty  provided  by  the  interstate  com- 
merce act  as  amended  for  the  unlawful  "use"  thereof. 
United  States  v.  Martin  (1910),  176  Fed.  Rep.  110. 

Bill  of  lading — Notice  of  suit.  A  stipulation  in  a 
bill  of  lading  made  in  Missouri  that  the  shipper  must 
give  90  days'  notice  before  suing  held  not  binding  where 
suit  is  brought  by  the  shipper  in  the  courts  of  Texas. 
The  remedy  is  governed  by  the  law  of  the  forum.  Mis- 
souri, K.  &  T.  R.  Co.  V.  Ilarriman  Bros.  (1910),  — 
Tex.  Civ.  App.  — ,  128  S.  W.  Rep.  932. 

Bill  of  lading.  The  ^yords,  "B.  L.  attached  to  draft," 
on  a  straight  bill  of  lading  held  sufficient  notice  to  a 
carrier  that  the  goods  shipped  were  not  to  be  delivered 
to  the  consignee  without  payment  of  the  draft  and  that 
the  carrier  was  liable  for  loss  caused  by  delivering  them 
without  payment.    Sturges  v.  Detroit,  G.  II.  &  M.  Ry. 


Co.  (1911),  —  Mich.  — ,  131  N.  W.  Rep.  706,  18  De- 
troit Leg.  News,  377. 

Bill  of  lading  issued  without  goods.  Where  a  carrier 
issues  a  bill  of  lading  and  never  receives  the  goods  he  is 
liable  to  a  bank  that  advances  money  on  the  bill  of  lud- 
ing.  Dulaney  &  Wharton  v.  Philadelphia  &  Reading 
Ry.  Co.  (1910),  228  Pa.  180,  77  Atl.  Rep.  507. 

State  may  slacken  speed  of  interstate  trains.  A  State 
may  require  interstate  trains  to  slacken  speed  at  dan- 
gerous crossings.  Southern  Ry.  Co.  v.  King  (1910), 
217  U.  S.  524,  30  Sup.  Ct.  Rep.  594. 

State  law  —  Regulating  supply  of  cars  —  Interstate 
commerce — Where  unconstitutional.  An  absolute  require- 
ment that  a  railroad  engaged  in  interstate  commerce 
shall  furnish  a  certain  number  of  cars  on  a  specified  day 
to  transport  merchandise  to  another  State,  regardless  of 
every  other  consideration  except  strikes  and  other  public 
calamities,  transcends  the  police  power  of  the  State  and 
amounts  to  a  burden  on  interstate  commerce;  and  arti- 
cles 4407,  5000,  Rev.  Stat,  of  Texas,  _being  such  a  re- 
quirement, are  void  when  applied  to  interstate  commerce 
shipments  and  a  violation  of  the  commerce  clause  of  the 
federal  constitution.  Such  a  regulation  cannot  be  sus- 
tained as  to  interstate  commerce  shipments  as  an  exer- 
cise of  police  power  of  the  State.  //.  &  T.  C.  R.  Co.  v. 
Mayer,  201  U.  S.  321. 

Railroads  wholly  within  State  not  subject  to  interstate 
commerce  act.  A  railroad  company  whose  line  is  wholly 
within  a  single  State  and  which,  although  it  carries 
freight,  destined  to  points  beyond  such  State,  never 
issues  bills  of  lading  to  points  beyond  its  own  line,  re- 
ceives no  freight  on  through  bills  of  lading,  and  has  no 
arrangement  with  other  roads  for  a  conventional  divi- 
sion of  charges,  or  for  a  common  control  or  management, 
is  not  within  the  provision  of  the  interstate  commerce 
act,  nor  is  it  liable  for  penalties  for  non-compliance  with 
the  federal  safety  appliance  act  requiring  common  car- 
riers engaged  in  interstate  commerce  by  railroads  to 
equip  their  cars  with  automatic  couplers,  etc.  Nor  is  it 
bound  to  make  any  report  of  its  business  to  the  Inter- 
state Commerce  Commission.  United  States  v.  Geddes, 
131  Fed.  452,  citing  I.  C.  C.  v.  B.,  Z.  &  C.  Ry.  Co.,  77 
Fed.  942 ;  United  States  v.  B.,  Z.  &  C.  Ry.  Co.,  81  Fed. 
783;  T.,  N.  0.  £  T.  P.  Ry.  v.  I.  C.  C,  162  U.  S.  184. 

Power  to  regulate  carriers — Police  power — Constitu- 
tional law.  Thfi  constitutional  convention  of  the  State 
not  only  had  power  to  impose  regulations  on  railroads 
within  tke  State,  requiring  interchanging  of  cars  and  , 
switching  at  points  of  physical  connection  with  other 
roads  in  receiving  and  delivering  freight,  and  the  use 
of  their  terminal  for  such  service,  as  provided  by  Const., 
Sec.  213,  but  the  performance  of  such  duties  might  be 
properly  compelled  by  legislative  enactment  alone,  under 
the  State's  police  power.  Louisville  R.  Co.  v.  Central 
S.  Y.  Co.,  —  Ky.  — ,  97  S.  W.  778. 

Railroad  termini — Charter — Lessees.  "A  railroad 
company,  having  been  granted  a  charter  to  build  its  lines 
between  certain  towns,  built  only. to  a  junction  near  one 
of  them.  After  a  lease  of  the  road,  with  the  consent  of 
the  company  and  its  lessee  and  practical  owner,  the 
charter  was  changed  by  releasing  the  company  from  its 
obligations  to  construct  its  line  within  the  city,  pro- 
vided it  should  construct  a  depot  at  a  certain  place 
therein,  to  which  trains  should  be  run  over  a  connecting 
line.  The  lessee  accepted  such  compromise  by  building 
the  depot,  and  for  many  years  running  trains  there.  It 
was  held  that  even  if  the  original  company  had  not  the 


190 


JfATioNAL  Association  of  Kailway  Commissioners 


financial  ability  to  pay  the  charges  afterward  imposed  by 
the  connecting  line,  or  construct  a  new  line  to  the  de- 
pot, its  lessee  and  practical  owner,  which  was  abun- 
dantly able  to  perform  the  duty,  was  bound  to  do  so. 
That  it  should  entail  a  financial  loss  to  pay  charges 
imposed  by  the  connecting  line  or  to  build  a  -new  line 
would  not  excuse  a  non-compliance  with  the  duty  of 
running  trains  to  the  terminus,  imposed  by  the  accept- 
ance of  the  charter  or  its  amendments.  Winchester,  etc., 
Ry.  Co.  'v.  Commonwealth,  —  Va.  — ,  55  S.  E.  692. 

State  and  municipal  contract — Track  and  terminal 
facilities.  If  the  defendant  company  by  a  contract  with 
the  city  of  Dubuque  has  bound  itself  to  allow  other 
companies  to  use  part  of  its  tracks  or  terminal  facilities, 
the  last  clause  of  section  3  of  the  interstate  commerce 
act  does  not  affect  such  a  contract  or  the  enforcement 
thereof.  So  also  if  the  State  of  Iowa  has  provided  by 
proper  statute  that  different  companies  may  have  a 
joint  or  common  use  of  certain  terminal  facilities,  the 
right  of  the  several  companies  to  such  joint  use  is 
not  affected  by  the  provision  of  the  interstate  commerce 
act,  but  the  same  must  be  determined  by  the  statute 
of  the  State.  Iowa  v.  C,  M.  &  St.  P.  R.  R.  Co.,  33 
Fed.  391. 

Commutation  tickets  upheld  or  enjoined  under  certain 
conditions.  In  a  hearing  before  the  railroad  commis- 
sion of  Ohio,  on  the  complaint  of  Charles  N.  Shryock  v. 
Baltimore  &  Ohio  Ry.  Co.,  No.  6,  decided  November  27, 
1906,  the  commission  in  its  opinion  said:  "The  com- 
plainant's case  must  stand  or  fall  according  to  the  facts 
surrounding  it.  Discontinuing  rates  might  be  upheld 
under  certain  conditions  and  enjoined  under  other 
conditions. 

"The  legislature  of  Ohio  has  passed  a  maximum  pas- 
senger fare  rate  law  of  two  cents  per  mile  for  distances 
of  more  than  five  miles,  thereby  saying  that  such  rate 
is  reasonable.  For  distances  of  five  miles  and  less  the 
legislature  has  left  the  rate  to  the  discretion  of  the  car- 
rier, so  long  as  it  is  not  made  unreasonable,  and  our 
courts  have  established  a  rule  as  to  what  is  reasonable. 
(39  0.  S.  444.)  The  legislature  having  spoken  and 
fixed  the  maximum  rate  for  distances  of  more  than  five 
miles  and  the  courts  having  established  a  rule  by  which 
the  reasonableness  of  a  rate  for  less  distances  may  be 
determined,  it  is  not  within  the  jurisdiction  of  this 
commission  to  modify  or  change  what  the  legislature  has 
done,  and  it  cannqt  depart  from  rules '  established  by 
the  courts. 

"Should  a  common  carrier  not  desire  to  charge  the 
full  limit  of  two  cents  per  mile,  and  establish  and  pub- 
lish special  rates,  such  as  party  rates,  commutation  or 
excursion  rates,  it  is  entirely  within  its  discretion  to 
do  so,  sO  long  as  such  special  rates  be  open  to  all  and 
not  unduly  discriminatory.  If  such  special  rates  be 
established  by  a  carrier,  this  commission  would  have 
jurisdiction  to  hear  complaints  alleging  the  unduly 
discriminatory  character  of  the  same. 

"Section  8  of  the  act  to  regulate  railroads,  etc.  (0. 
L.  98,  p.  342),  provides,  in  part,  that  'Nothing  herein 
shall  prevent  the  .  .  .  issuance  of  mileage,  com- 
mutation or  excursion  passenger  tickets,  provided 
that  the  same  shall  be  obtainable  by  any  person 
applying  therefor,  without  discrimination.' 

"Section  23  of  said  act  provides  'That  it  shall  be 
unlawful  for  any  common  carrier,  subject  to  the  pro- 
visions of  this  act,  to  make  or  give  any  undue  or  un- 
reasonable preference  or  advantage  to  any  particular 


person,  company,  firm,  corporation,  or  locality,  or  a;  _ 
particular  description  of  traffic,  in  any  respect  whatever^ 
or  to  subject  any  particular  description  of  traffic  to 
any  undue  or  unreasonable  prejudice  or  disadvantage  in 
any  respect  whatsoever.' 

"Section  23  more  especially  applies  to  the  commercial 
interest  of  the  different  persons  named  therein.  The 
terms  'undue  or  unreasonable  preference  or  advantage,' 
used  in  section  23,  imply  comparison,  and  before  a  rate 
challenged  under  said  section  23  could  be  found  un- 
lawful, it  would  be  necessary  to  compare  it  with  some 
other  rate,  of  which  the  one  or  the  other  is  to  the  dis- 
advantage  of   the   person   or   community   complaining. 

"In  the  ease  in  question,  it  is  not  claimed  that  any 
established  rate  is  unreasonable  or  that  any  person  or 
any  community  is  being,  or  has  been,  discriminated 
against  injuriously.  There  is,  in  fact,  no  challenged 
discriminatory  rate  in  existence.  The  complainant 
seeks  to  force  defendant  railroad  company  to  put  in 
a  special  rate.  This  commission  is  without  authority 
to  compel  other  than  the  legal  rate  of  two  cents,  but 
might  regulate  special  rates  when  put  in,  if  found  to 
be  discriminatory.  Granting  that  commutation  rates 
of  a  discriminatory  character  as  against  complainant 
were  proven,  injunction  would  be  the  proper  remedy 
to  prevent  such  discrimination  instead  of  an  effort  to 
compel  the  establishment  of  discriminatory  rates  else- 
where and  in  favor  of  other  persons  or  communities. 
Section  8  referred  to  herein  is  permissive  and  the  only 
restriction  upon  the  carriers  as  to  the  issuance  of  the 
special  tickets  therein  mentioned  is  that  they  must  be 
obtainable  by  everyone  applying  therefor  without  dis- 
crimination. Neither  the  courts  nor  this  commission 
has  any  authority  to  force  the  issuance  of  such  tickets, 
but  when  they  are  issued  they  must  be  offered  for  sale 
where  issued  to  all  persons  impartially,  and,  further, 
such  rates  must  be  published. 

"As  it  is  within  the  discretion  of  the  carriers  when 
they  shall  issue  such  tickets,  it  is  equally  within  theUB  | 
discretion,  as  a  rule,  when  to  withdraw  them.  ^  | 

"This  commission's  view  of  the  case  is  sustained  in 
8  I.  C.  C.  R.  443.  The  commission  in  this  case  ci 
L.  8.  &  M.  8.  R.  Company  v.  Smith,  173  U.  S.  6: 
where  the  Supreme  Court  held  that  the  power  of  thi 
legislature  to  enact  general  laws  regarding  carriers 
and  the  conduct  of  their  business  did  not  include  tlie 
power  to  compel  it  tO  make  an  exception  in  favor  of 
classes  or  communities.  The  commission  said  in  this 
case  that  commutation  tickets  are  extensively  used  and 
have  become  recognized  features  of  suburban  trans- 
portation and  that  they  were  far  from  saying  that  a 
carrier  who  has  established  commutation  rates  for  sub- 
urban service,  especially  when  residences  have  been  fixed 
and  business  interests  adjusted  in  reliance  upon  the  per- 
manency of  such  rates,  could  suddenly  or  otherwise 
withdraw  the  same  and  exact  from  such  patrons  the  f u' 
rate  charged  to  the  occasional  traveler.  The  comm 
sion  held,  however,  that  certain  commutation  ticke 
could  be  legally  withdrawn  by  the  carriers,  such  action 
being  entirely  within  their  discretion.  JH 

"While  we  do  not  wish  to  be  understood  as  sayinpl 
that  in  every  instance  commutation  rates,  when  once 
established,  can  be  withdrawn  at  will." 

The  commission  held,  (1)  the  action  of  defendant  in 
withdrawing  a  monthly  54-trip  ficket  between  Zanes- 
ville  and  Frazier  was  within  the  limits  of  its  discretion, 
and  is  not  in  violation  of  the  act  to  regulate  railroads 


:e#" 


Digest  of  Decisions 


191 


and  other  common  carriers  in  this  State,  nor  any  statute 
in  force.  (2)  By  virtue  of  section  8  of  the  act  to  regu- 
late railroads,  etc.,  carriers  are  permitted  to  issue  excur- 
sion, commutation,  mileage  and  party-rate  tickets,  but 
such  authority  is  only  permissive,  and  they  cannot  be 
compelled  to  do  so;  such  tickets  are  exempt  from  the 
general  rules  of  the  statute.  The  commission  may  direct 
compliance  with  the  rules  of  law,  but,  cannot  require 
exceptions  thereto,  either  in  establishing:^  special  rate 
or  the  withdrawal  of  one  already  in  existence. 

Mode  of  operation — Whether  reasonable  and  expedient 
— Procedure.  In  the  event  of  an  abuse  of  the  discretion 
committed  to  the  board  of  directors  of  a  railroad  com- 
pany in  operating  a  road,  the  legislature  has  provided  a 
remedy.  The  legislature  authorized  the  creation  of  rail- 
road corporations  in  the  first  instance  and  conferred 
upon  them  broad  powers,  the  exercise  of  which  it  could 
subsequently  regulate,  within  reasonable  limits.  When 
the  teachings  of  experience  made  it  clear  that  occasion- 
ally the  directors  of  railroads  do  not  provide  for  the 
convenience  and  necessities  of  the  public,  the  legisla- 
ture, by  chapter  353  of  the  Laws  (N.  Y.)  of  1882,  sec- 
tions 161  and  162  Railroad  Laws  (N.  Y.),  created  a 
board  of  railroad  commissions  and  conferred  upon  them 
the  power,  upon  due  notice  to  the  railroad  and  after  a 
hearing,  to  determine  whether  repairs  are  necessary  upon 
any  railroad  within  this  State,  or  that  any  addition  to 
'  rolling  stock,  or  any  addition  to  or  change  in  the  sta- 
tions or  station  houses,  or  that  additional  terminal  facil- 
ities shall  be  afforded,  or  that  any  change  in  the  rates 
or  fare  for  transporting  freight  or  passengers,  or  that 
any  change  in  the  mode  of  operating  the  road  and  con- 
ducting its  business  is  reasonable  and  expedient  in  order 
to  promote  the  security,  convenience  and  accommodation 
of  the  public. 

And  the  determination  thus  made  may  be  enforced  in 
the  courts  by  mandamus.  This  judicial  determination 
of  the  commissioners,  whether  favorable  to  the  com- 
plainant or  railroad,  may  be  reviewed  by  the  court  by 
certiorari,  on  which  review  the  appellate  division  has 
the  power,  and  upon  it  rests  the  duty,  of  examining  the 
facts.  People  ex  rel.  Linton  v.  Brooklyn  Heights  Ry. 
Co.,  172  N.  Y.  90;  People  ex  rel.  Stewart  v.  Railroad 
Commissioners,  160  N.  Y.  202 ;  People  ex  rel.  Longham 
V.  Railroad  Commissioners,  158  N.  Y.  421. 

Proposed  route — Approval  of  proposed  route — Stat- 
utes— Constitution.  The  New  York  railroad  law.  Laws 
1895,  p.  317,  chap.  545,  sec.  59,  providing  that  no  rail- 
road shall  exercise  its  corporate  powers  until  the  direc- 
tors shall  cause  a  copy  of  the  articles  of  association  to 
be  published  in  one  or  more  newspapers  of  each  county 
in  which  the  road  is  to  be  located,  and  file  proof  of 
publication  with  the  board  of  railroad  commissioners, 
nor  until  the  board  shall  certify  that  public  convenience 
requires  the  construction  of  the  road  as  proposed  in  the 
articles,  limits  the  authority  of  the  board  to  issue  a  cer- 
tificate of  necessity  for  construction  of  the  road  pro- 
posed in  the  article  of  the  petitioning  road,  and  the 
board  has  no  power  to  grant  the  certificate  when  the 
route  for  which  the  road  is  asked  varies  materially  from 
that  proposed  in  the  articles.  In  re  Directors  of  Ticon- 
deroga  Union  Terminal  R.  Co.,  101  N.  Y.  S.  107. 

Demurrage  —  State  powers  —  Interstate  and  foreign 
commerce — Police  regulation.  A  State  may  make  valid 
enactments,  in  the  exercise  of  its  police  power,  to  pro- 
mote the  welfare  and  convenience  of  its  citizens,  inci- 
dentally interfere  with  interstate  and  foreign  commerce. 


The  validity  of  the  rules  prescribed  by  the  corporation 
commission  pursuant  to  the  authority  of  (Virginia) 
Const.  1902,  section  155,  and  act  May  16,  1903,  with 
reference  to  storage  demurrage,  car  service  and  car  de- 
tention charges,  so  far  as  they  in  their  operation  unlaw- 
fully interfere  with  interstate  and  foreign  commerce,  or 
deprive  transportation  companies  of  their  property  with- 
out due  process  of  law,  may  be  raised  and  determined  in 
any  particular  case  in  which  the  question  can  be  raised 
and  determined.  Atlantic  Coast  Line  R.  Co.  v.  Com- 
monwealth, 102  Va.  599,  46  S.  E.  Rep.  911,  11  R.  R., 
Vol.  34,  Am.  &  Eng.  R.  Cas.,  N.  S.  399. 

Spur  tracTcs— Railroads  need  not  build.  A  railroad 
company  is  under  no  legal  obligation  to  build  a  spur 
track  from  its  line  to  a  coal  mine  for  the  private  benefit 
of  the  owner,  nor  can  it  be  held  liable  in  damages  for 
unlawful  discrimination  because  it  refused  to  build  such 
tracks,  although  it  had  permitted  to  be  built,  and 
assisted  in  building,  similar  tracks  to  other  mines. 
Harp  V.  C.  0.  &  G.  Ry.  Co.,  118  Fed.  171 ;  Harp  v.  C. 
0.  &  0.  Ry.  Co.,  125  Fed.  445. 

Spur  tracks  in  streets — Grants  to  railroad  companies 
strictly  construed.  Grants  by  municipal  corporations  of 
special  privileges  in  its  streets  are  to  be  strictly  con- 
strued, and  all  doubts  are  to  be  resolved  against  the  rail- 
road company.  The  grant  of  a  power  or  privilege  in  a 
street  may  be  made  conditional. .  The  city  by  ordinance 
gave  permission  to  cross  certain  streets  with  one  or  more 
railroad  tracks.  Where  the  company  chose  to  make  them 
with  "one,"  not  "more,"  that  particular  permission  may 
reasonably  be  said  to  have  been  exhausted.  Chicago  v. 
Chicago  T.  T.  R.  R.  Co.,  121  111.  App.  211. 

Same.  An  act  of  the  legislature  of  Georgia  authorized 
the  connecting  of  two  railroads  through  the  streets  of  a 
city  with  such  side-tracks,  turnouts  and  sheds  as  might 
be  necessary  for  the  convenience  of  freight  and  pas- 
sengers. It  was  held  that  side-tracks,  etc.,  which  did  not 
become  necessary  for  the  convenience  of  freight  and 
passengers  until  twenty  or  thirty  years  thereafter,  could 
not  have  been  in  legislative  contemplation  when  the  act 
was  passed.  The  much  safer  and  rational  construction 
is  that  the  powers  conferred  by  the  act  were  exhausted 
by  their  exercise  and  by  the  consequent  connection  of 
the  railroads.  Savannah  R.  R.  Co.  v.  Woodruff,  86 
Ga.  94. 

Railroad  commissioners — Jurisdiction  of  State  Su- 
preme Court.  In  disposing  of  matters  of  dispute  be- 
tween a  railroad  of  the  State  and  the  railroad  commis- 
sion, the  Supreme  Court  acts  as  a  judicial  tribunal,  not 
as  a  mere  administrative  board  supervisory  of  the  acts 
of  the  railroad  commission.  Morgan's  La.  &  T.  R.  &  S. 
S.  S.  Co.  V.  R.  R.  Com'rs  of  La.,  109  La.  247,  33  So.  Rep. 
814,  29  Am.  &  Eng.  R.  Cas.  N.  S.  122. 

Requiring  proper  passenger  service.  Under  South 
Carolina  Civ.  Code,  1902,  section  2067,  conferring  on 
the  railroad  commissioners  supervision  of  all  roads  in 
the  State,  and  section  S"069,  authorizing  the  commission- 
ers, whenever  it  shall  determine  that  an  improvement  in 
station  or  station  houses  is  necessary,  or  any  change  in 
the  mode  of  operating  the  road  is  expedient  for  the 
public  good,  to  notify  the  road  of  the  changes  required, 
the  commission  has  the  power  to  decide  whether  a  rail- 
road is  furnishing  proper  passenger  service  to  the  citi- 
zens of  any  community,  and  to  require  specified  trains 
to  be  stopped  at  a  ctation  in  order  that  the  community 
may  be  properly  served.     Railroad  Commissioners  v. 


192 


National  Association  of  Eailway  Commissionees 


Atlantic  C.  L.  Co.,  50  S.  E.  Rep.  641,  40  Am.  &  Eng. 
E.  Cas.  N.  S.  505. 

Terminal  charges.  Terminal  charge  of  $3  per  car  by 
carriers  for  carrying  live  stock  from  their  own  termini 
at  Chicago  to  the  Union  Stock  Yards  at  Chicago  upheld. 
Interstate  Commerce  Commission  v.  SticJcney  (1909), 
215  U.  S.  98,  30  Sup.  Ct.  Eep.  66.  Same  litigation: 
Interstate  Commerce  Commission  v.  Chicago,  B.  &  Q. 
R.  Co.,  186  U.  S.  320,  22  Sup.  Ct.  Eep.  824. 

Equal  use  and  benefit.  A  decree  that  the  St.  Louis, 
K.  C.  &  C.  E.  R.  Co.  should  "enjoy  the  equal  use 
and  benefit"  of  the  terminal  facilities  of  the  Wabash 
gives  to  the  St.  Louis  road  not  a  mere  right  of  way,  but 
an  equal  right  of  access  over  switches  to  industrial 
establishments  along  the  line  of  the  Wabash.  St.  Louis, 
Kansas  City  &  Colorado  R.  Co.  v.  Wabash  R.  Co. 
(1910),  217  U.  S.  247,  30  Sup.  Ct.  Eep.  510.  Same  case 
below,  152  Fed.  Eep.  849,  81  C.  C.  A.  643. 

Fourteenth  amendment  applies  to  corvorations.  A 
corporation  is  a  "person"  within  the  meaning  of  the 
fourteenth  amendment  to  the  constitution,  which  pro- 
vides that  no  State  shall  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws.  Southern 
Ry.  Co.  V.  Oreene  (1910),  216  TJ.  S.  400,  30  Sup.  Ct. 
Rep.  287. 

Statute  in  part  unconstitutional.  Effect  of  a  provision 
in  a  railroad  commission  statute  that  if  any  part  thereof 
ehould  be  held  unconstitutional,  the  rest  shall  stand. 
Michigan  Central  R.  Co.  v.  Circuit  Judge  (1909),  156 
Mich.  459,  120  F.  W.  Eep.  1073. 

Extension  by  buying  another  road.  The  purchase  of 
another  line  held  an  extension  of  an  existing  line  of 
street  railway  within  the  meaning  of  a  city  ordinance 
permitting  such  extension.  People  v.  Detroit  United 
Ry.  (1910),  —  Mich.  — ,  135  N.  W.  Eep.  700,  17 
Detroit  Legal  News  161. 

Liquidated  damages — Failure  to  complete  line.  Li- 
quidated damages  may  be  recovered  from  a  street  rail- 
way for  its  failure  to  complete  its  line  within  the 
stipulated  time.  City  of  York  v.  Yorlc  Rys.  Co.  (1910), 
—  Pa.  — ,  78  Atl.  Eep.  128. 

Right  to  .cross  another  road.  The  right  of  a  street 
railway  to  cross  the  tracks  of  a  steam  railroad  is  ab- 
solute and  iiot  subject  to  conditions,  "just  as  a  dray  or 
wagon  would  claim  the  right  to  cross."  Galveston,  II. 
&  S.  A.  Ry.  Co.  V.  Houston  Electric  Co.  (1909),  —  Tex. 
Civ.  App,.— ,  122  S.  W.  Eep.  287. 

Traffic  held  to  be  State  traffic.  A  carrier  picked  up 
"empties"  from  connecting  carriers,  hauled  them  to  a 
gravel  quarry  and  returned  them  when  loaded;  both 
the  point  of  connection  with  such  other  carrier  and  the 
quarry  being  in  the  same  State.  It  furnished  no  equip- 
ment and  there  was  nothing  to  show  that  it  issued  bills 
of  lading  to  destination  points,  or  that  it  was  in  any 
way  liable  for,  or  concerned  in  the  movement  of,  the 
car  after  delivery  to  the  connecting  carrier,  and  the  rate 
charged  was  a  fixed  sum  per  car.  Held  that  the  service 
being  confined  to  the  handling  of  cars  between  two  points 
in  the  same  State  was  not  interstate  commerce,  so 
as  to  lender  void  an  order  of  the  State  railway  com- 
mission reducing  the  charge  therefor.  Chicago,  I.  £ 
L.  R.  Co.  V.  Railway  Commission  of  Indiana,  87  N. 
E.  1030. 

Kansas  rate  act  constitutional.  Kansas  act  of  1905 
establishing  maximum  rates  for  the  transportation  of  oil 
held  constitutional.  (1910),  —  Kan.  — ,  108  Pac. 
Eep.  89. 


Incidental  interference  with  interstate  commerce  r 
A  State  rate  fixed  by  a  State  railroad  commission 
be  valid  and  enforceable  although  it  indirectly  inter- 
feres with  a  previously  established  interstate  rate.  Ore- 
gon R.  &  Nav.  Co.  V.  Campbell  (1909),  173  Fed.  Eep. 
957.  985. 

State  control — Express  companies.    In  the  absence  of 
any  federal  enactment  relative  to  the  interstate  ship- 
ment of  goods  by  express,  an  express  company  whic^_ 
refuses  to  make  delivery  of  express  matter  at  the  resnl 
dence  of  the  consignee  in  a  city  of  more  than  2,500  in-  " 
habitants  in  accordance  with  its  implied  undertaking, 
based  on  the  receipt  of  a  package  so  addressed,  is  liable 
to  the  penalty  imposed  by  the  State  law.   State  v.  Exp. 
Co.,  85  N.  E.  337. 


State  regulation — Requiring  personal  delivery — Ex^ 
press  companies.  A  State  statute  imposing  a  penalty  on 
an  express  company  refusing  to  deliver  express  matter  is 
not  merely  in  aid  of  the  common  law  requiring  carriers 
of  goods  to  make  personal  delivery,  and  if  the  act  were 
so  construed  as  applied  to  interstate  shipments  it  would 
be  a  regulation  of  interstate  commerce  and  in  conflict 
with  the  power  of  regulation  imposed  in  the  Interstate 
Commerce  Commission.  State  v.  Express  Company.  85 
N.  E.  337,  966. 

State  order  affecting  interstate  commerce.  Where  a 
State  corporation  commission  enters  an  order  that  a 
railroad  operate  certain  specified  additional  trains  and 
change  the  schedules  of  two  interstate  trains  the  order 
will  be  reversed  in  so  far  as  it  interferes  with  the  inter- 
state trains.  St.  Louis  &  S.  F.  R.  Co.  v.  Williams 
(1910),  —  Okla.  — ,  107  Pac.  Eep.  428.  Compare 
Oregon  R.  &  Nav.  Co.  v.  Campbell  ^909),  173  Fed. 
Eep.  957,  982,  985.       '  i  j 

Rates  need  not  be  uniform — Florida.     Eates  estabSj  | 
lished  by  the  Florida  railroad  commission  need  not  be 
uniform.     "The  circumstances  of  each  road  and  each 
market  or  locality  must  determine  the  rates  of  toll  to  be 
properlv    allowed.     .     .     ."     State  v.   Atlantic   Coas^  , 
Line  R'.  Co.  (1910),  —  Fla.  — ,  53  So.  Eep.  4,  8.  %% 

Equipping  fiat  cars  with  standards.  Florida  statute 
requiring  railroads  to  equip  all  flat  cars  belonging  to 
them  and  used  for  carrying  lumber  with  proper  and 
sufficient  standards,  etc.,  to  keep  the  cargo  firmly  in 
place,  held  to  be  constitutional  and  valid.  King  Lum- 
ber &  Mfg.  Co.  V.  Atlantic  Coast  Line  R.  Co.  (1909)^ 
58  Fla.  292,  50  So.  Eep.  509. 

Street  railway  tickets  in  slips  of  six.     A  street  rail 
way  company  may  discontinue  its  practice  of  selling  si 
five-cent  fare  tickets  for  twenty-five  cents  without  vio 
lating  its  agreement  with  the  city  of  Philadelphia  thai 
the  existing  rate  of  fare  should  not  be  changed.    Citi 
of   Philadelphia    v.    Philadelphia    Rapid    Transit    Col 
(1910),  228  Pa.  St.  325,  77  Atl.  Eep.  501,  following 
Philadelphia,  v.  Philadelphia  Rapid  Transit  Co.,  224 
Pa.  St.  544,  73  Atl.  Eep.  923. 

State's  power  over  ferries.  A  State  statute  givin|^ 
county  officials  power  to  fix  rates  of  ferriage  of  pas-* 
sengers  from  that  country  to  another  State  held  valid 
even  where  the  ferry  is  controlled  and  operated  by 
railroad  in  interstate  commerce.  N.  Y.  Central  &  It\ 
R.  R.  Co.  V.  Chosen  Freeholders  of  Hudson  County 
(1909),  76  N.  Y.  Law  664,  74  Atl.  Rep.  954. 

Pay  of  interstate  employes.  The  New  York  statute 
requiring  railroad  companies  to  pay  their  employes  at 
least  once  in  two  weeks  and  in  cash,  and  whether  their 
duties  take  them  away  from  New  York  into  other  States 


Digest  of  Decisions 


19-3 


or  not,  is  constitutional  and  valid.  N.  Y.  Central  & 
H.  R.  R.  Co.  V.  Williams  (1910),  199  N.  Y.  108,  93 
N.  E.  Rep.  404.  Same  case  below:  136  App.  Div. 
(N.  Y.)  904,  120  X.  Y.  Supp.  1137,  64  Misc.'  Eep. 
(N.  Y.)  15,  118  N.  Y.  Supp.  785. 

Weekly  pay  of  employes.  A  New  York  labor  law  re- 
quiring all  corporations  but  railroads  to  pay  employes 
weekly  and  requiring  railroads  to  payMheir  employes 
semi-monthly  is  constitutional,  does  not  restrict  inter- 
state commerce  and  does  not  deprive  the  employer  of 
property  without  due  process  of  law.  New  York  Central 
&  H.  it.  R.  Co.  V.  Williams  (1909),  118  N.  Y.  Supp. 
785,  64  Misc.  Eep.  15,  affirmed  in  120  N.  Y.  Supp. 
1137,  136  App.  Div.  (X.  Y.)  904. 

Initial  carrier  liable  in  State  court.  A  shipper  de- 
livered to  a  railroad  at  Eogers,  Ark.,  a  carload  of 
peaches  to  be  carried  to  Baltimore,  Md.  The  peaches 
rotted  for  want  of  ice  while  in  the  hands  of  a  connect- 
ing carrier.  Held  that  the  shipper  might,  in  the  State 
of  Arkansas,  recover  their  value  from  the  initial  carrier. 
St.  Louis  &  S.  F.  R.  Co.  v.  Hcyser  (1910),  —  Ark.  — , 
130  S.  W.  Eep.  562. 

Jurisdiction  of  State  courts.  The  State  court  has 
jurisdiction  to  try  the  suit  of  a  shipper  against  the 
initial  carrier  for  the  loss  of  freight  shipped  to  another 
State  and  lost  or  damaged  through  the  fault  of  a  con- 
necting carrier.  Houston  &  T.  C.  R.  Co.  v.  Lewis 
(1910),  —  Tex.  — ,  129  S.  W.  Eep.  594.  Southern  Pac. 
Co.  V.  W.  T.  Meadors  &  Co.  (1910),  —  Tex.  Civ.  App. 
— ,  129  S.  W.  Eep.  170.  Holland  v.  Chicago,  R.  I.  & 
P.  Ry.  Co.  (1910),  139  Mo.  App.  702,  123  S.  W. 
Eep.  987. 

Jurisdiction  of  State  courts.  A  shipment  of  apples 
from  Dunreith,  Ind.,  to  New  Smyrna,  Fla.,  was  de- 
stroyed and  lost  through  delays  in  transportation.  Held 
that  a  suit  might  be  maintained  in  a  State  court  of 
Indiana  against  the  initial  carrier  to  recover  for  loss 
caused  by  the  negligence  of  connecting  carriers  and  that 
limitations  of  liability  in  the  bill  of  lading  made  no 
difference.  Pittsburg,  C.  C.  &  St.  L.  Ry.  Co.  v.  Mitchell 
(1910)  —  Ind.  — ,  91  N.  E.  Eep.  735. 

Liability  of  connecting  carrier.  Where,  by  statute, 
the  shipper  may  maintain  his  suit  against  the  initial 
carrier  for  loss  caused  by  the  fault  of  any  connecting 
carrier,  he  may,  also,  maintain  his  suit  against  any 
intermediate  carrier,  directly,  for  a  loss  caused  by  its 
fault.  St.  Louis  S.  W.  Ry.  Co.  v.  Ray  (1910),  —  Tex. 
Civ.  App.  — ,  127   S.  W.  Eep.  2«1. 

Connecting  carrier  never  receiving  goods.  Where  the 
goods  shipped  are  never  delivered  to  the  connecting  car- 
rier, the  connecting  carrier  is  not  liable  to  a  penalty 
provided  for  failure  to  pay  for  their  loss.  McMeekin  v. 
Southern  Ry.  Co.  (1910),-  —  S.  C— ,  67  S.  E. 
Eep.  745. 

Extending  city  limits — Effect  on  fares.  A  Detroit 
ordinance  fixing  street  railway  fares  "in  said  city"  at 
certain  figures,  within  certain  hours,  applies  to  terri- 
tory thereafter  taken  into  the  city.  People  v.  Detroit 
United  Ry.  (1910),  —  Mich.  — ,  17  Detroit  Legal 
News  673,  127  N.  W.  Eep.  748,  125  N.  W.  Eep.  700. 

Shortage  of  cars — Statute  held  void.  A  statute  im- 
posing penalties  for  a  shortage  of  cars  which  neces- 
sarily results  from  the  railroad's  participation  in  inter- 
state traffic,  is  unconstitutional  and  void.  St.  Ijouis  S. 
W.  Ry.  Co.  V.  Arkansas  (1910),  217  U.  S.  136,  30  Sup. 
Ct.  Eep.  476,  reversing  St.  Louis  S.  W.  Ry.  Co.  v. 
State  (1907),  85  Ark.  311. 


Construction  of  switches.  A  Nebraska  statute  of  1905, 
requiring  railroad  companies  to  build  and  maintain 
side  tracks  to  an  elevator  whenever  an  elevator  might 
be  built  adjacent  to  its  right  of  way,  has  been  held 
unconstitutional  in  that  the  railroad  is  given  no  oppor- 
tunity to  be  heard  and  is  not  compensated  for  building 
the  side  track.  Missouri  Pac.  Ry.  Co.  v.  Nebraska 
(1910),  217  U.  S.  196,  30  Sup.  Ct.  Eep.  461. 

Operation  of  spur  tracks  cannot  be  compelled.  The 
railroad  commission  of  Washington  ordered  the  North- 
ern Pacific  Ey.  Co.  to  construct  and  operate  a  spur 
track  from  its  main  line  to  the  sawmill  of  one  Bum- 
ham,  about  300  feet  distant,  which  produced  about 
six  carloads  of  lumber  per  week,  which  could  otherwise 
be  got  to  the  railroad  only  by  being  hauled  by  wagon 
two  and  a  half  miles  at  an  expense  of  about  $40  per 
carload.  ,  Held  that  this  was  taking  the  railroad's 
property  without  due  process  of  law  and  that  the  order 
was  therefore  void.  Northern  Pac.  Ry.  Co.  v.  Railroad 
Commission  of  Washington  (1910)  — -  Wash.  — ,  108 
Pac.  Eep.  938. 

Statute  fixing  liability  for  loss  of  freight.  A  State 
statute  making  each  carrier  the  agent  of  its  connecting 
carrier  from  whom  it  receives  freight,  and  making  each 
liable  for  any  freight  lost,  damaged  or  destroyed  by  the 
connecting  carrier,  has  been  held  to  be  unconstitutional. 
Venning  v.  Atlantic  Coast  Line  Ry.  Co.,  78  S.  C.  42, 
58  S.  E.  983,  12  L.  E.  A.  (N.  S.)  1217. 

Sale  of  "near-beer"  in  Georgia.  The  State  of  Geor- 
gia is  without  power  to  compel  the  agent  of  a  corpora- 
tion of  another  State  to  pay  a  tax  of  $1,000  before  he 
can  expose  for  sale  a  non-alcoholic  drink  known  as  "near- 
beer"  that  has  been  shipped  into  Georgia  from  another 
State.  Loh  v.  Macon  (1911),  —  Ga.  App.  — ,  70  N.  E. 
Eep.  149. 

Beer  subject  to  Alabama  statute.  Beer  shipped  from 
another  State  into  Alabama  and  there  held  in  storage 
by  the  agent  of  the  shippers  is  subject  to  the  Alabama 
statute,  under  which  it  may  be  seized  and  condemned. 
It  ceased  to  be  the  subject  of  interstate  commerce  whea 
it  was  so  stored  by  the  shippers'  agent.  Toole  v.  Stata 
(1911),  —  Ala.  — ,  54  So.  Eep.  195. 

State  tax  on  foreign  liquors.  Missouri  statute  of  1909, 
imposing  a  license  tax  on  all  liquors  except  those  pro- 
duced from  grapes  grown  in  Missouri,  held  invalid  as 
imposing  burdens  on  interstate  commerce,  to  which 
State  commerce  was  not  subjected.  State  v.  Parker 
Distilling  Co.  (1911),  —  Mo.  — ,  139  S.  W.  Eep.  453. 

Interstate  commerce  in  liquors.  Liquor  shipped  from 
Missouri  to  a  consignee  in  Oklahoma,  who  intends  to 
sell  or  give  it  away,  becomes  subject  to  the  State  prohi- 
bition statute  the  moment  it  is  delivered  to  the  consignee 
in  Oklahoma.  Billingsley  v.'  State  (1910),  —  Okla. 
— ,  113  Pac.  Rep.  341. 

Interstate  commere  in  liquors.  A,  in  his  office  in 
Tennessee,  received  orders  for  liquors  from  persons  in 
Alabama.  Thereupon  he  ordered  his  agent  at  Eising 
Sun,  Ga.,  to  fill  such  orders  from  his  stock,  which  was 
located  at  Eising  Sun,  Ga.,  by  delivering  the  liquors 
ordered  to  an  express  company  at  Rising  Sun,  Ga.,  con- 
signed to  the  purchasers  in  Alabama.  Held  that  the 
transaction  was  interstate  commerce,  but  that  neverthe- 
less A  was  liable  to  the  penalties  provided  in  a  Georgia 
statute  forbidding  the  sale  of  liquor  in  Georgia.  Cure- 
ton  V.  State  (1911),  —  Ga.  —,70  S.  E.  Eep.  786. 

Interstate  commerce  in  liquors — "Wilson  law."  Under 
the  act  of  congress  of  August  26,  1890,  known  as  the 


194 


National  Association  of  Eailway  Commissioners 


.  "Wilson  law,"  liquor  imported  into  a  State  to  be  sold 
ill  the  original  packages  only  is  subject  to  the  police  reg- 
ulations of  the  State,  but  not  to  taxation  purely  for  reve- 
nue. State  V.  Pdbst  Brewing  Co.  (1911),  —  La.  — , 
55  So.  Hep.  349. 

Police  regtdation  of  interstate  commerce  in  heer.  The 
Pabst  Brewing  Company,  importing  beer  into  Louisiana 
and  selling  it  in  the  original  packages  only,  held  subject 
to  the  Gay-Shattuck  act  as  a  police  regulation.  This 
statute  prohibited  the  sale  of  malt  liquors  without  an 
annual  license,  based  on  income,  and  ranging  from  $200 
to  $1,600.  This  raling  is  based  on  the  act  of  congress 
of  August  26,  1890,  known  as  the  "Wilson  law."  State 
V.  P(^st  Brewing  Co.  (1911),  —  La.  — ,  55  So. 
Rep.  349. 

Interstate  commerce  in  liquors — Injunction.  A  ship- 
per in  Kansas  City  who  obtains  orders  for  liquor  from 
,  citizens  of  Oklahoma  by  mailing  circulars  to  them,  in 
violation  of  an  Oklahoma  statute  making  it  unlawful  to 
distribute  such  circulars  in  Oklahoma,  is  not  entitled  to 
an  injunction  restraining  State  officers  of  Oklahoma 
from  interfering  with  his  shipments  of  liquor  into  Okla- 
homa, because  he  does  not  come  into  court  with  clean 
hands.    Danciger  v.  Stone  (1909),  187  Fed.  Rep.  853. 

Shipment  of  liquor  C.  0.  D.  Where  an  agent  of  an 
express  company  accepts  spirituous  liquor  in  one  State 
for  delivery  to  a  consignee  in  another,  C.  0.  D.,  and  the 
liquor  is  delivered  and  the  money  collected,  the  express 
company  is  not  within  the  act  of  the  State  relating  to 
shipment  and  sale  of  intoxicating  liquors,  it  being  an 
interstate  shipment.  State  v.  U.  S.  Exp.  Co.,  60  S.  B.  144. 

State  may  legislate  as  to  matters  delegated  to  Inter- 
state Commerce  Commission.  The  mere  delegation  by 
congress  to  the  Interstate  Commerce  Commission  of 
certain  national  powers  over  interstate  commerce  is  not 
the  equivalent  of  the  specific  action  of  congress  in  re- 
spect to  the  particular  matters  involved,  which  prevents 
a  State  from  making  regulations  conducive  to  the  wel- 
fare and  the  convenience  of  its  citizens  indirectly  affect- 
ing interstate  commerce.  Mo.  Pac.  By.  Co.  v.  Larabee 
Flour  Mills  Co.,  211  IT.  S.  612. 

State  legislation  affecting  interstate  commerce  re- 
motely. State  legislation  is  not  prohibited  where  it 
amounts  to  no  more  than  a  reasonable  regulation  of  an 
instrumentality  of  interstate  commerce,  and  only  affects 
such  commerce  secondarily  or  in  a  remote  degree.  P., 
C,  C.  &  St.  L.  By.  Co.  v.  Hunt,  86  N.  E.  328. 

State  shipment  passing  out  of  State.  To  bring  a 
transportation  of  trade  within  the  control  of  a  State  as 
a  part  of  its  domestic  commerce,  the  subject  transported 
must  be  for  the  entire  distance  carried  under  the  exclu- 
sive jurisdiction  of  the  State.  St.  L.  &  S.  F.  By.  Co.  v. 
State,  113  S.  W.  203. 

State  may  prohibit  importation  of  infected  sheep — 
State  regulations— Police  power.  A  State  statute  mak- 
ing it  unlawful  to  bring  infected  sheep  into  the  State  is 
not  a  regulation  of  interstate  commerce  in  violation  of 
the  federal  constitution,  but  is  a  reasonable  exercise  of 
the  State's  police  power.  Patrick  v.  State  (Wyo.),  98 
Pac.  Rep.  588. 

Statute  making — Bill  of  lading — Conclusive  evidence. 
A  State  statute  providing  that  every  bill  of  lading  ac- 
knowledging the  receipt  of  property  for  transportation 
shall  be  conclusive  evidence  in  the  hands  of  a  bona  fide 
holder,  as  against  the  carrier  issuing  it,  that  the  prop- 
erty had  been  received,  is  not  invalid  as  a  regulation  of 


interstate  commerce.    Ya^ioo  &  M.  V.  B.Colv^enh 
So.  Rep.  805. 

Statute  penalizing  the  refusal  of  freight.  A  State 
statute  providing  a  penalty  for  refusal  to  accept  freight 
for  shipment  is  not  invalid  as  applying  to  interstate 
traffic,  the  gist  of  the  offense  being  the  carrier's  refusal 
to  receive  the  goods  for  shipment,  which  is  an  act  done 
wholly  in  the  State,  and  no  part  of  the  act  of  transpor- 
tation.   Beid  <&  Beam  v.  So.  By.  Co.,  63  S.  E.  112. 

Statute  as  to  veniie  of  damage  suits.  A  statute  of 
Texas  providing  that  when  freight  has  been  transported 
by  two  or  more  railroad  corporations  operating  withiri 
the  State  or  having  an  agent  therein,  or  partly  by  ont' 
or  more  of  them,  suit  for  damages  may  be  brought 
against  any  one  or  all  of  the  carriers  in  any  court  of 
competent  jurisdiction  in  any  county  in  which  eithei 
does  business  or  has  an  agent,  is  not  invalid  as  to  ee 
interstate  carrier  as  imposing  burdens  on  interstatt 
commerce.  Texarl-ana  &  Ft.  S.  By.  Co.  v.  Shivel  d 
Stewart,  114  S.  W.  196. 

Statute  taxing  express  company  on  intrastate  business 
An  express  company  is  not  relieved  from  a  licensed  taj 
imposed  with  reference  to  intrastate  business  becausf 
also  engaged  in  interstate  business.  Harvee  v.  Brown 
47  So.  Rep.  834. 

Harbor  regulations — City  ordinance^Wharfage.  A 
city  ordinance  exacting  from  boats  wharfage  for  each 
visit  to  the  city  harbor  and  landing  at  the  public  wharf 
to  be  estimated  upon  the  tonnage  of  the  boats,  and  ex- 
empting boats  from  such  wharfage  when  they  land  on 
portions  of  the  wharf  where  no  money  has  been  expended 
by  the  city  to  facilitate  the  landing  of  vessels,  does  no! 
exact  a  duty  on  tonnage  within  the  United  States  consti- 
tution, article  1,  section  10,  clause  3,  prohibiting  a  Stat( 
from  laying  any  duty  on  tonnage  without  the  consent  oi 
congress,  but  provides  merelv  for  wharfage.  C.  St.  L. 
V.  Eagle  Pkg.  Co.  (Mo.),  114  S.  W.  121. 

State  regulations  must  be  reasonable.  Railroad  rates 
of  fare  and  freight  are  subject  to  legislative  control, 
but  such  control  must  be  reasonable.  So.  Ind.  By.  Co.  v. 
By.  Commission  (Ind.),  87  N.  E.  966. 

State  regulations  —  Washington.  Constitution  o1 
Washington,  article  12,  section  18,  providing  that  th( 
legislature  shall  pass  laws  establishing  reasonable  maxi- 
mum rates  of  charges  for  the  transportation  of  freight 
and  that  a  railroad  and  transportation  commission  may 
be  established  and  its  power  fully  defined  by  law,  is 
merely  declaratory '  of  the  power  of  State  regulation 
State  V.  By.  Commission,  100  Pac.  Rep.  184. 

State  control — Express  companies.  Express  com 
panics  operating  over  a  railroad  exercising  a  publi( 
franchise  in  the  State  are  equally  subject  to  State  con- 
trol and  regulation  with  the  railroad  companies  over 
whose  lines  they  operate,  within  the  limited  field  o' 
business  which  they  occupy.  State  v.  Express  Company, 
115  N.  W.  619,  625. 

State  control  —  Injunctions  —  Unremunerative  rates. 
A  preliminary  injunction  may  be  granted  to  restrain 
the  enforcement  of  rates  established  by  State  law  on 
intrastate  and  passenger  traffic  handled  by  railroads,  on 
a  showing  that  on  actual  trial  for  a  reasonable  length  of 
time  such  rates  have  proved  non-remunerative  and  con- 
fiscatory, depriving  the  complainant  railroad  companies 
of  their  property  without  just  compensation  in  violation 
of  their  constitutional  rights.  In  re  Arh.  B.  Bates,  163 
Fed.  Rep.  141. 


Digest  of  Decisioxs 


195 


State  control — Injunctions.  The  attorney-general 
may,  on  behalf  of  the  State,  enjoin  common  carriers 
whose  rates  are  fixed  by  law  from  violating  the  statute 
and  exacting  unlawful  and  excessive  rates  and  charges. 
State  V.  Exp.  Co.,  115  N.  W.  619,  625. 

State  control — Penalties.  Under  the  revised  statutes 
of  North  Carolina  providing  that  the  party  aggrieved 
may  recover  the  penalty  for  a  carrier'^  unreasonable 
delay  in  transporting  goods,  a  consignor  sKipping  goods 
under  an  agreement  that  the  consignee  shall  not  pay 
for  them  until  their  arrival,  is  the  party  aggrieved  by 
delay  in  transportation,  and  he  may  recover  the  penalty. 
Davis  V.  So.  By.  Co.,  147  N.  C.  68,  60  S.  E.  723. 

State  control — Classification  of  lines.  Where  the 
legislature,  for  the  purpose  of  regulating  the  operation 
of  railroads  for  the  safety  of  the  public,  classifies  long 
and  short  lines,  and  the  classification  is  not  arbitrary, 
but  within  reasonable  limits,  the  court  must  sustain  it. 
C,  R.  I.  &  P.  By.  Co.  V.  State,  86  Ark.  412,  112  S. 
W.  456. 

State  control — Transportation  facilities.  To  deny  to 
the  State  the  power  to  require  the  erection  of  depots, 
the  construction  of  side-tracks  and  other  facilities  for 
the  public  would  enable  railroads  to  create  a  monopoly 
in  handling  products  of  the  country  adjacent  to  their 
lines.    State  v.  Mo.  Pac.  By.  Co.,  115  N.  W.  757. 

State  control — Interference  with  interstate  commerce. 
State  statute  which  attempt  to  regulate  freight  trans- 
portation by  railroad  companies  doing  business  in  the 
State  and  which  apply  io  interstate  shipments  as  well 
as  to  State  shipments  are  unconstitutional,  as  an  in- 
terference with  interstate  commerce.  St.  L.,  I.  M.  & 
S.  By.  Co.  V.  Hampton,  162  Fed.  Eep.  393. 

State  control — Anti-pass  latvs.  Anti-pass  laws,  pro- 
hibiting the  issuance,  acceptance  and  use  of  free  trans- 
portation is  a  reasonable  exercise  of  the  police  power 
of  the  State.  State  v.  Martyn,  —  Neb.  — ,  117  N.  W. 
719. 

State  control — Begulating  hours  of  labor — Interfer- 
ence with  interstate  commerce.  Power  of  the  State  to 
control  the  conduct  of  individuals  therein  for  the  safety 
of  the  community  is  not  taken  away  by  the  commerce 
clause  of  the  federal  constitution  merely  because  some 
remote  influence  on  interstate  commerce  may  result ;  but 
State  legislation  which  directly  and  intentionally  con- 
trols and  regulates  interstate  commerce  is  prohibited. 

Excessive  hours  of  labor.  The  right  of  the  State  in 
the  exercise  of  its  police  power  to  protect  its  citizens 
from  perils  resulting  from  excessive  hours  of  labor 
by  railroad  employes  is  in  no  way  impaired  by  the 
federal  constitution,  except  as  such  legislation  shall 
restrain  interstate  commerce  in  a  respect  in  which  con- 
gress has  deemed  wise  to  regulate  it.  State  v.  C,  M.  & 
St.  P.  By.  Co.,  117  N.  W.  686. 

Begulation  of  rates.  The  State  legislature  as  to  com- 
merce within  the  State,  and  congress  as  to  interstate 
commerce,  may  prescribe  rates  to  be  charged  by  carriers, 
subject  to  the  limitation  that  the  rates  fixe"d  shall  not 
require  services  without  reasonable  compensation.  State 
V.  C.  Vermont  By.  Co.,  71  Atl.  Rep.  194. 

State  control — Penalty  for  delay.  The  general  as- 
sembly has  power  to  impose  penalties  for  unreasonable 
delay  in  the  transportation  of  intrastate  freight.  Wall- 
HusJce  Co.  V.  So.  By.  Co.,  61  S.  E.  277. 

Occupation  tax  on  liquor  salesmen.  A  statute  im- 
posing an  occupation  tax  on  persons,  firms  and  corpora- 
tions handling  liquors  C.  0.  D.  is  not  unconstitutional. 


L.  Cradoch  &  Co.  v.  Wells,  Fargo  Express  Co.  (1910), 
—  Tex.  Civ.  App.  — ,  125  S.  W.  Rep.  59. 

When  findings  insufficient.  Where  an  order  of  the 
Oklahoma  railroad  commission  appears  upon  appeal 
not  to  be  supported  by  a  sufficient  finding  of  facts  it 
may  be  remanded  with  instructions  to  find  further 
facts.  Midland  Vy.  By.  Co.  v.  State  (1909),  —  Okla. 
— ,  104  Pac.  Rep.  1086. 

Jurisdiction  of  State  court.  A  Pittsburgh,  Pa.,  cor- 
poration made  a  contract  with  a  citizen  of  Texas  that 
he  should  build  for  it  a  glass  factory  near  Ft.  Worth, 
Tex.  Part  of  the  machinery  was  built  outside  of  Texas 
and  shipped  into  Texas.  Held  that  the_  transaction 
was  not  interstate  commerce  in  such  a  sense  that  the 
builder  could  not  maintain  his  suit  in  a  State  court  of 
Texas  to  recover  the  stipulated  price.  Ft.  Worth  Glass 
&  Sand  Co.  v.  S.  B.  Smythe  Co.  (1910),  —  Tex.  Civ. 
App.  — .  IS'8  S.  W.  Rep.  1136. 

Bepair  of  bridges.  A  Maine  statute  provided  that 
"bridges  erected  by  any  municipality  over  which  any 
street  railroad  passes"  shall  be  kept  in  such  condition  of 
safety  as  the  railroad  commission  shall  determine.  Held 
that  this  applied  to  all  highway  bridges  maintained  by 
the  city  and  used  by  a  street  railway,  whether  they  were 
"erected"  by  the  city  or  not.  Orono  v.  Bangor  By.  & 
Electric  Co.  (1909),  105  Maine,  428,  74  Atl.  Rep.  1022. 

Delivery  of  merchandise.  A  State  railroad  commis- 
sion may  regulate  by  reasonable  rule  the  place,  manner 
and  time  of  delivery  by  a  carrier  of  merchandise  moving 
in  the  channels  of  interstate  commerce.  But  it  cannot 
make  such  regulations  as  shall  burden  or  interfere  with 
interstate  commerce.  St.  Louis  &  S.  F.  B.  Co.  v.  State 
(1910),  —  Okla.  — ,  107  Pac.  Rep.  929,  citing  cases. 

Initial  carrier — Foreign  shipment.  Euston  &  Co.  de- 
livered to  the  Erie  Railroad  Company  at  Chicago  100 
tons  of  linseed  oil  cake  and  took  from  the  railroad  an 
export  bill  of  lading  reciting  that  the  goods  were  "to 
be  carried  to  the  port  (A)  of  New  York  and  thence  by 
Bristol  City  Line  to  the  port  of  (B)  Bristol,  or  so  near 
thereto  as  the  steamer  may  safely  get.  .  .  .  Held 
that  the  railroad  thereby  became  responsible  for  the 
transportation  of  the  goods  to  Bristol  and  was  liable  for 
failure  to  get  them  there,  within  the  proper  time.  Eus- 
ton &  Co.  V.  Erie  B.  Co.  (1909),  147  111.  App.  594. 

Initial  carrier — Liability.  A  stipulation  in  a  bill  of 
lading  issued  by  the  initial  carrier  in  an  interstate  ship- 
ment limiting  the  initial  carrier's  liability  to  losses  oc- 
curring on  its  own  line  is  not  binding.  Sotdhern  Pac. 
Co.  V.  W.  T.  Meadors  Co.  (1910),  —  Tex.  Civ.  App.  — , 
129  S.  W.  Rep.  170;  Houston  &  T.  C.  B.  Co.  v.  Lewis 
(1910),  —  Tex.  — ,  129  S.  W.  Rep.  594;  Holland  v. 
Chicago,  B.  I.  &  P.  By.  Co.  (1910),  139  Mo.  App.  702, 
123  S.  W.  Rep.  987. 

Commission's  power  to  locate  stations.  In  the  ab- 
sence of  statutory  authority,  the  railroad  commission 
may  not  order  a  railroad  company  where  to  locate  a 
station  and  what  depots  to  build.  Nashville,  C.  &  St. 
L.  By.  Go.  V.  State,  —  Ala.  — ,  34  So.  Rep.  401,  32  Am. 
&  Eng.  R.  Cas.,  N.  S.  186. 

Power  to  stop  trains  at  stations.  A  statute  requiring 
every  railroad  corporation  to  stop  all  regular  passenger 
trains,  running  wholly  within  the  State,  at  its  stations 
at  all  county  seats,  is  a  reasonable  exercise  of  the  police 
power  of  the  State,  though  it  does  not  apply  to  railroad 
trains  entering  the  State  from  other  States,  or  trans- 
continental trains  of  any  railroad.  Gladden  v.  Minn., 
166  U.  S.  427. 


196 


National  Association  of  Railway  Commissioners 


Limitation  of  power  to  stop  trains  at  station.  A  stat- 
ute of  Illinois  requiring  the  Illinois  Central  Railroad  to 
stop  its  fast  mail  trains  from  Chicago  to  New  Orleans 
at  Cairo,  in  the  State  of  Illinois,  which  was  a  county 
seat,  was  held  unconstitutional  if  the  company  had  made 
adequate  accommodation  by  other  trains  for  interstate 
passengers  to  and  from  Cairo.  Illinois  Cent.  R.  R.  r. 
Illinois,  163  U.  S.  148. 

Same.  A  State  statute  that  required  all  regular  pas- 
senger trains  to  stop  at  county  seats  was  held  invalid 
when  applied  to  interstate  trains  intended  only  for 
through  passengers  from  St.  Louis  to  New  York,  it  ap- 
pearing that  the  railroad  company  furnished  sufficient 
trains  to  accommodate  the  local  through  business  in  the 
State  and  that  such  trains  stopped  at  county  seats. 
Cleveland,  etc.,  Ry.  Co.  v.  Illinois,  177  U.  S.  514. 

Same.  A  statute  relating  to  railroad  companies  which 
provides  that  a  railroad  company  should  cause  three  of 
its  trains  each  way,  if  so  many  were  run  daily,  Sunday 
excepted,  to  stop  at  a  station  containing  over  three 
thousand  inhabitants,  was  valid  in  the  absence  of  legis- 
lation by  congress  on  the  subject.  L.  8.  &  G.  R.  R.  v. 
Ohio,  173  U.  S.  285. 

Discrimination  against  certain  stations.  A  railroad 
company  cannot  discriminate  in  favor  of  the  business 
of  one  station  to  the  injury  of  the  business  of  another 
station  of  the  same  importance.  The  rights  of  all  ship- 
pers applying  for  cars  are  necessarily  equal.  No  one 
station,  much  less  any  one  shipper,  has  the  right  to 
command  the  resources  of  the  company  to  the  exclusion 
and  prejudice  of  other  stations  and  shippers.  Ayres  et 
al.  V.  Chicago  &  N.  W.  Ry.  Co.,  71  Wis.  373. 

Railroad  regulations — Stopping  fast  mail — Interstate 
commerce.  When  the  railroad  commissioners  have  de- 
termined that  the  accommodations  furnished  citizens  of 
the  State  by  an  interstate  railroad  company  are  inade- 
quate, its  order  requiring  the  company  to  stop  two  of 
its  fast  mail  trains  transporting  interstate  passengers 
at  such  station  on  flagging  is  not  a  burden  on  interstate 
commerce,  and  mandamus  will  issue  to  compel  the  train 
to  stop,  the  writ  being  so  framed  as  to  give  the  railroad 
company  the  alternative  right  to  provide  facilities  sub- 
stantially the  same  as  would  be  afforded  the  people  at 
such  station  by  stopping  the  fast  mail  trains  on  flag. 
Railroad  Commissioners  v.  Atlantic  C.  L.  Co.,  54  S.  E. 
Rep.  224,  43  Am.  &  Eng.  R.  Cas.,  N.  S.  745. 

Passenger  service — Requiring  trains  to  stop  at  station. 
Where  a  railroad  company  has  been  notified,  has  ap- 
peared, and  has  contended  a  matter  before  the  railroad 
commission,  an  order  of  such  commission  requiring  it 
to  stop  certain  trains  at  a  station  is  not  depriving  such 
railway  company  of  its  property  without  due  process  of 
law.  Railroad  Comrs.  v.  Atlantic  C.  L.  R.  Co.,  71  S.  C. 
130,  50  So.  Rep.  641,  40  Am.  &  Eng.  R.  Cas.,  N.  S.  505. 

Commission's  power  to  order  interstate  trains  to  stop 
limited.  While  a  State  railroad  commission  may,  in  the 
absence  of  congressional  legislation,  order  a  railroad 
company  to  stop  interstate  trains  at  stations  when  there 
is  only  an  incidental  interference  with  interstate  com- 
merce, based  on  the  legal  exercise  of  the  police  power  of 
the  State  exerted  to  secure  proper  facilities  for  the  citi- 
zens of  the  State,  y-et  when  the  railroad  company  has 
furnished  all  proper  and  reasonable  facilities  such  an 
order  is  an  improper  and  illegal  interference  with  inter- 
state commerce  and  void  as  a  violation  of  the  commerce 
clause  of  the  constitution.    Miss.  R.  R.  Com.  v.  III.  Cent. 


R.  R.,  203  U.  S.  336;  Miss.  R.  R.  Com.  v.  Ill 
R.,  138  Fed.  327,  affirmed. 

Commission's  order  that  builds  up  new  trade  centers. 
Order  of  Interstate  Commerce  Commission  reducing 
rates  from  Atlantic  seaboard  to  Missouri  river  points 
held  to  be  within  the  power  of  the  commission,  there 
being  a  presumption  in  favor  of  its  validity,  and  it  not 
appearing  that  the  rates  as  reduced  were  confiscatoiy. 
A  majority  of  the  court  held  that  it  made  no  difference 
that  the  new  rates  gave  commercial  advantages  to  Mis- 
souri river  points  at  the  expense  of  other  points.  Int(T- 
ttate  Commerce  Commission  v.  Chicago,  R.  I.  &  P.  By. 
Co.  (1910),  218  U.  S.  88,  30  Sup.  Ct.  Eep.  651,  reveis- 
ing  171  Fed.  Rep.  680. 

Burden  of  proof  in  contempt  proceeding.  Where  a 
railroad  admits  acts  on  its  part  that  make  out  a  inin  a 
facie  case  of  contempt  and  relies  on  mistake  or  mis- 
apprehension as  excuse,  the  burden  rests  upon  it  of 
proving  such  mistake  or  misapprehension.  In  an  Okla- 
homa case  a  railroad  admitted  that  its  agent  had  charged 
and  collected  freight  in  excess  of  the  authorized  rat;, 
and  suggested,  without  proving,  that  he  may  have  doi  e 
so  by  mistake.  Held  that  an  adjudication  that  it  wi  s 
guilty  of  contempt  must  stand.  St.  Louis  &  S.  F.  P. 
Co.  V.  State  (1910),  —  Okl.  — ,  110  Pac.  Rep.  759. 

Order  requiring  telegraph  service.  Order  requiring  a 
railroad  to  install  a  telegraph  service  that  increasi  s 
the  cost  of  its  stations  75  per  cent,  held  unreasonab  9 
and  void.  St.  Louis  &  S.  F.  R.  Co.  v.  Newell  (1910  , 
—  Okl.  — ,  106  Pac.  Rep.  818. 

Issuance  of  stock  and  bonds.  An  order  of  the  Nev 
York  Public  Service  Commission  refusing  an  applici  - 
tion  of  an  electric  company  for  the  issuance  of  stoc  c 
and  bonds  reviewed  upon  writ  of  certiorari  and  8(  t 
aside.  People  v.  Public  Service  Commission  (1910 
122  N.  Y.  Supp.  641. 

State  railroad  commissions — South  Dakota  act  a;  - 
plies  to  express  companies.  Rev.  Civ.  Code  of  Sou^  i 
Dakota,  1903,  section  1578,  provides  that  a  commo  i 
carrier,  if  able  to  do  so,  must  accept  and  carry  whai- 
ever  is  offered  him  at  a  reasonable  time  and  place  of  i 
kind  that  he  undertakes  or  is  accustomed  to  carry ; 
and  Pol.  Code  1903,  chapter  7,  section  437,  prohibits 
a  common  carrier  from  subjecting  any  particular  de- 
scription of  traffic  to  any  prejudice  or  disadvantag»  i  i 
any  respect  whatever.  Held  that  a  rule  of  an  express 
company,  providing  that  shipments  of  money  would  le 
received  only  during  regular  office  hours  if  tendereJ 
before  the  departure  of  the  last  train  on  which  the 
shipment  could  be  made,  which  operated  to  requiie 
shipments  of  currency  by  a  bank  to  be  tendered  on  the 
day  of  the  shipment  before  6:30,  7:00  or  7:45  a.  m., 
was  unreasonable,  and  that  the  Board  of  Railroad  Con  - 
missioners  had  power  to  order  the  express  company, 
so  long  as  it  held  itself  out  as  a  common  carrier  cf 
money,  to  receive  same  for  transportation  at  all  reason- 
able lausiness  hours  of  the  day  preceding  the  departure 
of  trains  at  the  hour  specified.  Plait  v.  LeCocq,  158 
Fed.  Rep.  723. 

State  railroad  commission — Conduct  of  business  in' 
general.  A  common  carrier  has  a  right  to  conduct  its 
own  business  according  to  law,  free  from  the  interference 
of  strangers;  and  may  make  niles  for  its  conduct,  fix- 
ing the  times,  the  places,  the  methods,  and  the  forms 
in  which  it  will  receive  commodities  it  oiTers  to  trans- 
port, and  these  rules  are  presumptively  reasonable  and 
just.    Piatt  V.  LeCocq,  158  Fed.  Rep.  723.  . 

si 


Digest  of  Decisions 


197 


Police  power.  While  the  State  can  make  reasonable 
police  regulations  affecting  the  operation  of  railroads 
within  the  State,  and  wliicli  are  also  engaged  in  inter- 
state commerce,  the  regulations  should  only  tend  to  the 
efficient  discharge'  of  the  duties  of  the  railroads  to  their 
patrons  within  the  State,  and  to  the  safeguarding  of 
persons  and  property  therein,  and  should  impose  no 
considerable  burden  on  interstate  commerce.  Patterson 
V.  Mo.  Pac.  By.  Co.,  94  Pac.  Eep.  138.   ^ 

Discrimination — Rcmedij  in  commission  in  first  in- 
stance. A  shipper  who  is  discriminated  against  by  an 
interstate  carrier  in  the  furnishing  of  cars  cannot  main- 
tain his  suit  for  damages  against  the  carrier  in  the 
first  instance  in  the  courts.  He  must  first  apply  to 
the  Interstate  Commerce  Commission.  Morrisdalc  Coal 
Co.  V.  Pa.  R.  Co.  (1910),  176  Fed.  Rep.  748. 

Where  an  interstate  carrier  discriminates  against  a 
coal  company,  shipper,  by  refusing  equality  in  the  dis- 
tribution of  cars,  tlie  coal  company  before  it  can  main- 
tain its  action  against  the  carrier  for  damages  must 
first  apply  for  redress  to  the  Interstate  Commerce  Com- 
mission. Morrisdale  Coal  Co.  v.  Pa.  R.  Co.  (1910), 
176  Fed.  Eep.  748. 

Statutorij  remedy  strictly  pursued.  A  statutory 
remedy  upon  complaint  of  a  "shipper"  must  be  strictly 
construed.  Complaint  by  another  railroad  is  not  suf- 
ficient to  justify  the  commission  in  granting  relief. 
Interstate  Commerce  Commission  v.  Delaware,  L.  £  W. 
R.  Co.  (1910),  216  U.  S.  531,  30  Sup.  Ct.  Rep.  415. 

Bill  of  lading  limitation  void.  A  bunch  of  thirteen 
show  cattle  were  shipped  from  Pilot  Grove,  Mo.,  to  Enid, 
Okla.,  and  killed  in  a  wreck  while  in  transit.  The  bill 
of  lading  contained  a  stipulation  limiting  the  liability 
of  the  railroad  to  $30  for  each  bull  and  $20  for  eacli 
cow.  Held  that  this  stipulation  was  void  and  judg- 
ment on  a  verdict  of  $10,640  in  favor  of  the  shipper 
was  affirmed.  Missouri,  K.  &  T.  R.  Co.  v.  Harriman 
Bros.  (1910),  —  Te.x.  Civ.  App.  — ,  128  S.  W.  Rep. 
932. 

Refrigerator  cars  furnished  hy  others — Carrier's  duty. 
The  plaintiff  was  a  shipper  of  strawberries  which  were 
transported  by  the  defendant  in  refrigerator  cars.  These 
cars  were  in  part  furnished  by  the  California  Fruit 
Transportation  Company  under  an  arrangement  with 
the  railroad  company  that  it  would  supply  the  neces- 
sary cars  and  keep  them  iced,  in  consideration  of  a 
certain  sum  which  was  to  be  collected  by  the  railroad 
company  of  the  shipper  and  passed  over  to  the  trans- 
portation company.  The  strawberries  of  the  plaintiff 
were  injured  owing  to  improper  icing  of  the  cars.  The 
court  held  that  when  this  railroad  company  put  this 
car  into  its  train  for  the  purpose  of  transporting  the 
fruit  of  the  plaintiff  to  market,  it  thereby  made  the 
car  its  own  and  assumed  the  burden  of  keeping  it  prop- 
erly refrigerated,  and  that  it  must  answer  in  damages 
for  failure  in  that  respect.  N.  Y.,  P.  &  N.  R.  R.  Co.  v. 
Cromwell,  98  Va.  227,  17  Am.  &  Eng.  R.  Cas.  N.  S. 
328,  35  S.  E.  444,  49  L.  R.  A.  362 ;  Mathis  v.  So.  Ry. 
Co.,  65  S.  C.  371,  61  L.  R.  A.  524. 

Duty  to  provide  safe  cars.  If  a  common  carrier  by 
rail  is  negligent  and  careless  in  furnishing  cars,  and  so 
furnished  cars  unsuitable  for  the  case,  even  though  they 
be  cars  for  cattle,  which  cars  the  owner  himself  sees, 
and  which  cattle  the  owner  himself  attends,  the  carrier 
is  not  relieved  from  responsibility,  even  though  there 
had  been  an  agreement  that  he  shall  not  be  responsible. 
Railroad  Company  v.  Pratt,  22  Wall.  (U.  S.)  122. 


Carrier  insurer  of  safety  of  cais-.  In  the  absence  of  a 
contract  limiting  the  liabilit}',  a  railroad  company  is  an 
insurer  of  the  safety  of  cars  supplied  by  it  for  through 
transportation  of  goods  over  its  own  and  connecting 
lines,  and  is  liable  for  any  injury  to  the  goods  therein 
resulting  from  the  unsuitable  condition  of  such  cars, 
even  after  delivery  in  to  a  connecting  carrier,  if  their 
condition  does  not  become  unsnitaljle  after  such  delivery. " 
Alahama  &  V.  Ry.  Co.  v.  Searles,  71  Miss.  744. 

Carrier's  duty — Not  limited  to  transportation.  A 
carrier's  duty  is  not  limited  to  transportation  of  goods, 
delivered  for  carriage.  He  must  exercise  such  diligence 
as  required  by  law  to  protect  the  goods  from  destruc- 
tion and  injury  resulting  from  conditions  which  in  the 
exercise  of  due  care  may  be  averted  or  counteracted. 
He  must  guard  the  goocls  from  destruction,  or  injury 
from  the  elements,  from  the  effect  of  dela}' — indeed, 
from  every  source  of  injury  which  he  may  avert,  and 
which  in  the  exercise  of  care  and  ordinary  intelligence 
may  be  known  or  anticipated.  Beard  v.  Illinois  C.  R. 
Co.,  79  Iowa  518,  520. 

.  Suit  to  restrain  advance  in  interstate  rates — Where 
brought.  A  bill  to  restrain  interstate  carriers  from  ad- 
vancing freight  rates  should  be  brought  in  the  district 
in  which  the  defendants,  or  some  of  them,  reside. 
Macon  Grocery  Co.  v.  Atlantic  Coast  Line  R.  Co. 
(1909),  215  U.  S.  501,  30  Sup.  Ct.  Rep.  184.  In  this 
case  the  suit  was  brought  in  the  United  States  District 
Court  for  the  southern,  district  of  Georgia,  where  none 
of  the  defendants  resided,  and  it  was  ordered  that  the 
bill  must  be  dismissed  for  want  of  jurisdiction. 

Equal  protection — Taxation.  A  Virginia  corporation 
acquires  and  operates  a  railroad  in  Alabama.  There- 
after a  statute  of  Alabama  imposes  a  tax  upon  the  prop- 
erty owner  by  the  Virginia  corporation  within  the  State 
of  Alabama  greater  in  amount  than  is  imposed  upon  like 
property  in  Alabama  owned  by  Alabama  corporations. 
Held  that  the  statute  is  unconstitutional  and  void,  be- 
cause it  denies  to  the  Virginia  corporation  that  equal 
protection  of  the  laws  which  is  guaranteed  to  it  by  the 
fourteenth  amendment.  Southern  Ry.  Co.  v.  Greene 
(1910),  216  U.  S.  400,  30  Sup.  Ct.' Rep.  287,  citing 
Ames  V.  Union  Pac.  R.  Co.  (1894),  64  Fed.  Rep.  165,  by 
Brewer,  J.,  in  which  the  United  States  Circuit  Court,  at 
the  suit  of  a  stockholder,  enjoined  officials  of  the  State  of 
Nebraska  from  enforcing  a  maximum  freight  rate  statute 
solely  because  it  was  unjust  and  unreasonable  to  those 
who  had  invested  their  money  in  the  railroad. 

Express  company  receipt  lirniting  liability.  The  limi- 
tation by  State  statute  of  liability  to  a  specified  amount 
in  a  receipt  for  an  express  package  is  invalid  when  ap- 
plied to  an  interstate  shipment.  Silverman,  v.  Weir, 
114  N.  Y.  Supp.  6. 

WJiat  law  governs.  The  contract  stated  in  a  ticket 
bought  at  San  Francisco  to  St.  Louis  and  return  is 
governed  by  the  law  of  California.  A  passenger  bought 
at  San  Francisco  a  round-trip  ticket  to  St.  Louis  and 
return.  It  contained  a  stipulation  limiting  the  liability 
of  the  carrier  for  loss  of  baggage  to  $100.  The  bag- 
gage in  this  case  was  lost.  Held  that  the  carrier  was 
liable,  the  limitation  of  liability  was  void  and  judgment 
in  favor  of  the  passenger  for  $1,02^3.60  was  affirmed. 
RobeH  V.  Chicago  &  A.  R.  Co.  (1910),  —  Mo.  — ,  127 
S.  W.  Rep.  925. 

Ta<c  consolidation.  Where  a  road  which  by  its  char- 
ter is  exempt  from  taxation  consolidates  with  a  road 
that  is  not  exempt,  the  consolidated  company  must  pay 


198 


National  Association  of  Railway  Commissioners 


taxes  on  the  property  acquired  from  the  latter  road. 
Wright  v.  Georgia  R.  R.  &  Banking  Co.  (1910),  316 
U.  S.  420,  30  Sup.  Ct.  Eep.  242. 

Obstruction  to  navigation.  A  bridge  over  a  navigable 
river  which  was  not  an  obstruction  of  navigation  when 
it  was  built  may  become  an  obstruction  thereafter  and 
be  removed  without  compensation  to  the  owners. 
Monongahela  Bridge  Co.  v.  United  States  (1910),  216 
U.  S.  177,  30  Sup.  Ct.  Rep.  356. 

Tax  on  gross  earnings.  The  Minnesota  statute  im- 
posing a  imiform  tax  of  4  per  cent  of  the  gross  earn- 
ings on  all  railroad  property  operated  in  Minnesota 
was  held  constitutional  and  valid  in  Great  Northern  By. 
Go.  V.  Minnesota  (1910),  216  U.  S.  206,  30  Sup.  Ct. 
Rep.  344.  The  statute  in  question  reads:  "Section  1. 
Every  railroad  company  owning  or  operating  any  line 
of  railway  situated  within  or  partly  within  this  State 
shall,  during  the  3'ear  1905,  and  annually  thereafter, 
pay  into  the  treasury  of  this  State  in  lieu  of  all  taxes 
and  assessments  upon  all  property  within  this  State 
owned  and  operated  for  railway  purposes  by  such  com- 
pany, including  the  equipment,  appurtenances,  append- 
ages and  franchises  thereof,  a  sum  of  money  equal  to 
four  per  cent  of  the  gross  earnings  derived  from  the 
operation  of  such  line  of  railway  within  this  State ;  and 
the  annual  payment  of  such  sum  shall  be  in  full  and 
in  lieu  of  all  other  taxes  and  assessments  upon  the  prop- 
erty and  franchises  so  taxed.  The  lands  acquired  by 
public  grants  shall  be  and  remain  exempt  from  taxation 
until  sold  or  contracted  to  be  sold  or  conveyed,  as  pro- 
vided in  the  respective  acts  whereby  such  grants  were 
made  or  recognized.  Section  2.  The  term  'gross  earn- 
ings derived  from  the  operation  of  such  line  of  railway 
within  this  State'  as  used  in  section  1  of  this  act  is 
hereby  declared  and  shall  be  construed  to  mean  all 
earnings  on  business  beginning  and  ending  within 
the  State  and  a  proportion  based  upon  the  proportion 
of  the  mileage  within  the  State  to  tlie  entire  mileage 
over  which  such  business  is  done  of  earnings  on  all  in- 
terstate business  passing  through,  into  or  out  of  the 
State."    Gen.  Laws,  Minn.,  1903,  c.  253,  p.  375. 

This  decision  made  it  necessary  for  the  Great 
Northern  to  pay  to  Minnesota  $741,615.85,  which  was 
4  per  cent  of  its  gross  earnings  for  1905  of  $18,540,- 
396.27.  Chicago  Great  Western  Ry.  Co.  v.  Minnesota 
(1910),  216  U..S.  234,  30  Sup.  Ct.' Eep.  353. 

National  pure  food  act.  The  national  pure  food  act 
held  constitutional.  U.  S.  v.  Jf20  Sacks  of  Flour  ( 1910) , 
180  Fed.  Eep.  518;  Shaivnce  Milling  Co.  v.  Temple 
(1910),  179  Fed.  Rep.  517. 

State  officers  enjoined.  State  officers  may  be  enjoined 
from  enforcing  an  iineonstitutional  State  statute  re- 
quiring the  stoppage  of  interstate  trains.  Herndon  v. 
Chicago,  R.  I.  &  P.  R.  Co.  (1910),  218  U.  S.  135,  30 
Sup.  Ct.  Rep.  633. 

State  cannot  exclude  interstate  carrier.  A  State  stat- 
ute which  would,  in  effect,  exclude  an  interstate  carrier 
from  doing  business  is  unconstitutional  and  void.  St. 
Louis  S.  W.  Ry.  Co.  v.  Arkansas  (1910),  217  U.  S. 
136,  30  Sup.  Ct.  Rep.  476. 

License  tax  on  traveling  salesmen.  The  State  of  Ala- 
bama cannot  impose  a  license  tax  on  the  business  of 
selling,  in  Alabama,  picture  frames  made  in  another 
State.  Dozier  v.  Alabama  (1910),  218  U.  S.  124,  30 
Sup.  Ct.  Rep.  649,  reversing  154  Ala.  83,  46  So.  Eep.  9. 

Penal  statutes  fairly  construed.  Penal  statutes,  im- 
posing  penalties    for   violation   of   railroad   laws,   are 


to  be  construed  not  strictly,  but  "fairly  according  to 
the  legislative  intent."  Thompson  v.  Missouri,  K.  &  T. 
R.  Co.  (1910),  —  Tex.  — ,  12'6  S.  W.  Eep.  257,  259, 
citing  IJ.  S.  V.  Lacher  (1890),  134  U.  S.  624,  629,  10 
Sup.  Ct.  Rep.  625,  637,  33  L.  Ed.  1080. 

Penal  statute  strictly  construed.  A  State  statute 
which  provides  that  a  railroad  company  which  shall 
fail  or  refuse,  under  regulations  of  the  railway  commis- 
sion, to  receive  and  transport  without  delay  or  discrimi- 
nation, tonnage,  etc.,  destined  to  any  point  on  or  over 
the  line  of  the  connecting  line,  shall  be  guilty  of  unjust 
discrimination,  etc.,  and  providing  a  penalty  for  such 
discrimination  being  penal,  the  penalty  can  be  recovered 
only  by  showing  that  acts  complained  come  within  thu  ' 
very  terms  of  the  statute  and  its  terms  cannot  be  ex- 
panded so  as  to  embrace  acts  not  covered  by  their 
language.  M.,  K.  &  T.  Ry.  Co.  v.  Thompson,  118  S. 
W.  618.  J  J 

Delay.     Requisites   of  pleading  in   an   action  byJJI 
shipper  to  recover  damages  and  penalties  from  both  in 
itial  and  connecting  carriers.     Dorrance  &  Co.  v.  In- 
ternational &  G.  N.  Ry.  Co.  (1910),  —  Tex.  Civ.  App 
— ,  126  S.  W.  Eep.  694. 

Contract  exempting  initial  carrier  from  liability  foi 
negligence  of  connecting  carriers.  Hogs  were  shippec 
from  Perry,  Mo.,  to  the  stockyards  at  Chicago.  Thf 
initial  carrier,  the  St.  Louis  &  Hannibal  Eailroad  Com- 
pany, issued  a  bill  of  lading  by  which  it  agreed  "tr 
transport  said  live  stock  to  Gilmore,  Mo.,  station  within 
a  reasonable  time  and  there  deliver  the  same  to  the 
Wabash  Eailroad  Company  for  further  transportation, 
same  being  consigned  to  Steele,  Long  &  Pollock  at  Na- 
tional Stock  Yards,  111."  Held  that  the  St.  Louis  & 
Hannibal  was  not  liable  for  the  negligence  of  connecting 
carriers.  Crockett  v.  St.  Louis  <&  H.  Ry.  Co.  (1910), 
—  Mo.  App.  — ,  126  S.  W.  Eep.  243. 

State  may  exclude  foreign  corporation.  A  State  may 
exclude  a  foreign  oil  company  from  doing  business 
within  its  borders  without  thereby  interfering  with  in- 
terstate commerce.  Standard  Oil  Co.  of  Ky.  v.  Tennes- 
see (1910),  217  U.  S.  413,  30  Sup.  Ct.  Eep. 
affirming  130  Tenn.  86,  110  S.  W.  Eep.  565. 

Correspondence  school — Right  to  sue  in  State  courJs. 
A  correspondence  school  held  engaged  in  interstate  com- 
merce; its  right  to  sue  in  a  State  court  cannot  be  con- 
ditioned upon  its  payment  of  a  license  tax.     Intern^ ,, 
tional  Text  Book  Co.  v.  Gillespie  (1910),  —  Mo.  4|| 
129  S.  W.  Eep.  922.  ^' 

Idaho  sheep  inspection  statute.  A  statute  imposing 
an  inspection  tax  of  five  cents  per  head  on  all  sheep 
brought  from  other  States  into  Idaho  for  grazing  held 
unconstitutional  and  void.  State  v.  Butterfield  Live 
Stock  Co.  (1909),  17  Idaho  441,  106  Pac.  Eep.  455. 

Shipment  of  liquor.  Liquor  was  shipped  from  New 
York  to  Lewiston,  Maine.  Consignee  at  Lewiston  pre- 
sented the  bill  of  lading,  receipted  for  the  liquors  and 
took  part  of  them  away.  Held  that  the  remainder  were 
subject  to  forfeiture  under  a  statute  of  Maine.  State  v. 
Intoxicating  Liquors  (1909),  —  Me.  — ,  76  Atl.  Eep. 
265. 

Shipments  of  wild  game.  Wild  game  brought  into 
New  York  from  another  State  become  subject  to  the 
New  York  statutes  as  soon  as  delivery  thereof  is  made 
to  the  consignee,  not  before.  People  v.  Fargo  (1910), 
123  N.  Y.  Supp.  553. 

Safety  appliance — Empty  car  awaiting  shipment.  A 
car  is  being  used  in  interstate  traffic  within  the  mean- 


rillKS- 

ll 

lurts. 


Digest  of  Decisions 


199 


ing  of  the  safety  appliance  act  when  it  has  come  from 
another  State,  has  been  unloaded  and  is  held  empty 
to  be  taken  to  another  State.  Felt  v.  Denver  &  R.  G. 
B.  Co.  (1910),  —  Colo.  — ,  110  Pac.  Eep.  215. 

Shipment  of  liquor  to  consignee's  home.  A  State  can- 
not prevent  a  person  to  whom  liquor  has  been  shipped 
from  another  State  from  carrying  it  to  his  home 
for  his  own  use  there.  Alexander  v.  State  (1910),  ■ — 
Okla.  — ,  106  Pac.  Eep.  988,  citing  Schihedes  v.  State, 
1  Okla.  Cr.  246,  99  Pac.  Kep.  804. 

Connections  between  railroads.  The  power  of  the 
State  to  regulate  railroads  extends  to  securing  to  the 
public  reasonable  facilities  for  making  connections  be- 
tween different  carriers.  Atlantic  Coast  By.  v.  N.  Caro- 
lina Corp.  Commission,  206  U.  S.  1. 

Failure  to  receive  freight.  A  carrier  failed  to  pro- 
vide sufficient  platform  facilities  at  a  station  for  re- 
ceiving cotton  ordinarily  awaiting  transportation.  A 
shipper  offered  cotton  for  transportation  when  the  plat- 
form was  covered  with  cotton  from  one  to  three  bales 
deep,  necessitating  unusual  expense  in  putting  more  on 
the  platform.  The  carrier  refused  to  accept  the  cotton 
unless  the  shipper  would  place  it  on  the  platform.  Held 
that  the  carrier  was  liable  for  the  penalty  imposed  by 
the  State  statute  for  failing  to  receive  goods  delivered 
for  shipment. 

Transportation  facilities.  A  carrier  cannot  excuse  its 
refusal  to  receive  goods  for  transportation  and  issue  a 
bill  of  lading  therefor,  and  escape  the  penalty  imposed 
by  statute  by  showing  that  an  unusual  emergency  has 
caused  a  shortage  of  cars,  so  that  goods  could  not  be 
shipped  out  as  rapidly  as  usual.  St.  L.,  I.  M.  &  S.  By. 
Co.  V.  State.  84  Ark.  150,  104  S.  W.  Eep.  1106. 

State— Power  to  tax  automobiles.  Automobiles  en- 
gaged in  interstate  commerce  may  be  subjected  to  a  rea- 
sonable license  fee  in  any  State  through  which  they  pass, 
and  $3  per  year  for  an  automobile  of  less  than  30  horse- 
power and  $5  for  one  of  greater  power,  held  reasonable 
when  it  applied  to  automobiles  of  residents  and  non- 
residents alike.  Katie  v.  Titus  (1911),  —  N.  J.  — ,  80 
Atl.  Eep.  453. 

State  may  compel  foreign  railway  to  pay  franchise 
tajc.  A  railway  franchise  tax  may  be  enforced  by  decree 
in  personam  against  a  foreign  corporation  that  operates 
the  road.  Illinois  Central  R.  Co.  r.  Kentucky  (1910), 
218  U.  S.  551,  31  Sup.  Ct.  Eep.  95,  —  L.  Ed.  — ,  affirm- 
ing 128  Ky.  268,  108  S.  W.  Eep.  245. 

State  tax  on  coal  in  transit.  A  Pennsylvania  coal 
company  shipped  coal  to  its  own  dock  in  New  Jersey, 
where  it  was  dumped  to  await  opportunity  to  ship  it 
by  ocean.  Held  that  upon  its  arrival  at  the  dock,  the 
movement  not  being  continuous,  the  coal  became  liable 
to  taxation  by  the  State  of  New  Jersey.  Susquehanna 
Coal  Co.  V.  South  Amboy  (1911),  184  Fed.  Eep.  941. 

State  may  aid  railway.  A  State  having  contracted  to 
give  to  a  certain  railroad  the  proceeds  of  a  tax  of  five 
miles  on  all  taxable  property  may  properly  provide 
that  the  property  of  other  railroads  shall  not  be  liable 
to  such  tax.  It  is  for  the  State  to  determine  what  the 
phrase,  "taxable  property,"  means.  Arkansas  Southern 
By.  Co.  V.  Louisiana  rf-  Arkansas  Bi/.  Co.  (1910),  218 
U.  S.  431,  31  Sup.  Ct.  Rep.  56,  —  L.  Ed.  — ,  affirming 
121  La.  997,  46  So.  Eep.  994. 

City  may  license  taxicabs.  A  city  may  specially  li- 
cense taxicabs  for  service  in  connection  with  specified 
hotels  only,  and  prohibit  them  from  soliciting  other 
patronage.    New  York  Taxicab  Co.  v.  Hawk  &  Wether- 


bee  (1910),  66  Misc.  Eep.  (N.  Y.)  555,  125  N.  Y. 
Supp.  220,  citing  Netv  York  v.  Beesing,  77  App.  Div. 
(N.  Y.)  417,  79  N.  Y.  Supp.  331. 

State  power  to  tax.  A  State  may  tax  property  within 
its  borders  even  though  it  is  used  in  interstate  com- 
merce. State  V.  U.  S.  Express  Co.  (1911),  * —  Minn. 
— ,  131  N.  W.  Eep.  489. 

Power  of  State  to  tax  omitted  property.  Where  the 
statute  laws  of  a  State  contain  no  provision  for  the 
recovery  by  the  State  of  taxes  on  property  which  acci- 
dentally escaped  taxation,  the  State  may,  nevertheless, 
recover  taxes  on  such  omitted  property  by  a  suit  brought 
for  that  purpose.  State  v.  U.  S.  Express  Co.  (1911), 
—  Minn.  — ,  131  N.  W.  Eep.  489,  citing  State  v.  Minne- 
sota &  International  By.  Co.,  106  Minn.  176,  118  N. 
W.  Eep.  679,  1007,  and  State  v.  N.  W.  Telephone  Ex- 
change Co.,  107  Minn.  390,  120  N.  W.  Rep.  534. 

State  tax  on  express  money  orders.  A  State  may  tax 
as  part  of  the  gross  earnings  of  an  express  company 
money  paid  to  the  company  within  the  State  for  money 
orders  redeemable  in  another  State  and  money  paid  to 
the  company  for  the  carriage  within  the  State  of  ship- 
ments to  another  State.  State  v.  U.  S.  Express  Co. 
(lail),  —  Minn.  — ,  131  N.  W.  Rep.  489. 

Same — Interstate  and  foreign  business.  In  deter- 
mining whether  rates  of  freight  and  passenger  tariffs 
established  by  the  railroad  commissioners  for  railroad 
transportation  are  reasonable,  no  part  of  the  earnings 
or  losses  of  interstate  and  foreign  commerce  can  be 
charged  to  or  against  the  income  account  of  the  trans- 
portation company;  but  its  interstate  and  foreign  busi- 
ness may  and  should  be  considered  in  determining  the 
proportion  of  the  value  of  the  property  of  the  company 
assignable  to  local  business  and  for  other  purposes. 
State  ex  rel.  B.  R.  Comm'rs  et  al.  v.  Seaboard  Air  Line 
By..  48  Fla.  129,  37  So.  Eep.  314,  36  Am.  &  Eng.  R. 
Cas.  N.  S.  266. 

Bailroad  Com'rs — State  regulation  of  railroad  rates 
— Due  process  of  law.  State  regulation  of  local  freight 
rates  for  shipment  to  and  from  the  Florida  West  Shore 
Railway  and  over  the  Seaboard  Air  Line  Railway  does 
not  deprive  the  latter  road  of  its  property  without  due 
process  of  law,  even  if  total  receipts  from  local  freight 
rates  are  insufficient  to  meet  what  can  properly  be  cast 
as  a  burden  upon  the  business,  when,  so  far  as  appears, 
such  regulation  may  have  no  other  effect  than  to  make 
the  rates  on  the  Florida  West  Shore  Eailway  the  same  as 
those  obtaining  generally  in  the  State. 

Carriers  may  be  forbidden  by  the  State  railroad  com- 
mission to  make  their  local  freight  rates  for  phosphates 
more  than  1  cent  per  ton  per  mile  without  denying 
due  process  of  law  to  a  railway  company  whose  trans- 
portation of  the  phosphates  constitutes  about  one -sixth 
of  its  local  freight  business,  when  the  rate  30  authorized 
is  nearly  2  mills  per  ton  larger  than  that  company's 
average  local  freight  rate.  Seaboard  Air  Line  Railway 
V.  Fla..  203  U.  S.  269,  27  Sup.  Ct.  Eep.  109,  44  Am.  & 
Eng.  R.  Cas.,  N.  S.  731. 

Interstate  and  intrastate  shipments  distinguished.  An 
interstate  shipment — in  case  of  carload  lots — on  reach- 
ing the  point  specified  in  the  original  contract  of  trans- 
portation ceases  to  be  an  interstate  shipment,  and  its 
further  transportation  to  another  point  within  the  same 
State,  on  the  order  of  the  consignor,  is  controlled  by 
the  law  of  the  State  and  not  by  the  interstate  commerce 
act.  Gulf,  Colo.  &  Santa  Fe  B.  Co.  v.  Texas.  204  U.  S 
400. 


200 


National  Association  of  Railway  Commissioneks 


I 


Transportation  from  a  point  in  one  State  to  a  pjiit 
in  another  State  constitutes  interstate  commerce ;  but 
when  the  commodity  transported  has  reached  the  t;rrai- 
nation  of  its  journey  and  has  been  delivered  to  tlie 
consignor,  it  ceases  to  be  a  subject  to  interstate  co'n- 
merce  and  the  subsequent  shipment  from  the  point  in 
the  State  is  an  intrastate  shipment.  Coe  v.  Frrnll,  116 
U.  S.  517;  Ft.  W.  &  D.  C.  Ry.  Co.  v.  Whitehead,  6  Tex. 
C.  C.  A.  595;  C,  N.  0.  &  T.  P.  Ry.  Co.  v.  Int.  Com. 
Comm.,  162  U.  S.  184;  C.  &  N.  W.  Ry.  Co.  v.  Osborne, 
63  Fed.  912 ;  Int.  Com.  Comm.  v.  Detroit,  etc.,  Ry.  Co., 
167  Fed.  642;  Int.  Com.  Comm.  v.B.  Z.  &  C.  Ry.  Co., 
77  Fed.  942 ;  United  States  v.  Int.  Com.  Comm.,  81  Fed. 
783;  G.,  C.  &  8.  F.  Ry.  Co.  v.  M.  8.  8.  Co.,  86  Fed. 
407;  M.  &  I.  R.  R.  Co.  v.  G.  &  8.  8.  R.  R.  Co.,  1  Int. 
Com.  Comm.,  R.  30 ;  Robhins  v.  8helby  Co.,  12'0  U.  S. 
497. 

Character  of  shipment  not  affected  by  sale  in  transit. 
It  is  undoubtedly  true  that  the  character  of  a  shipment, 
whether  local  or  interstate,  is  not  changed  by  a 
transfer  of  title  during  the  transportation.  But 
whether  it  be  one  or  the  other  may  depend  on  the  con- 
tract of  shipment.  The  rights  and  obligations  of  car- 
riers and  shippers  are  reciprocal.  The  first  shipment  in 
this  case  was  from  Hudson,  S.  D.,  to  Texarkana,  Tex., 
During  the  transportation  a  contract  was  made  at  Kan- 
sas City  for  the  sale  of  the  corn,  but  that  did  not  affect 
the  character  of  the  shipment  from  Hudson  to  Tex- 
arkana. 

The  control  over  goods  in  process  of  transportation, 
which  may  be  repeatedly  changed  by  sales,  is  one  thing ; 
the  transportation  is  another  thing,  and  follows  the  con- 
tract of  shipment,  until  that  is  changed  by  the  agree- 
ment of  owner  and  carrier.  Neither  the  Harrown  Com- 
pany (consignor)  nor  the  Hardin  Company  (consignee) 
changed  or  offered  to  change  the  contract  of  shipment, 
or  the  place  of  delivery.  When  the  Hardin  Company 
accepted  the  corn  at  Texarkana  the  transportation  con- 
tracted for  ended.  This  carrier  was  under  no  obliga- 
tion to  carry  it  further.  Whatever  obligation  may  rest 
upon  the  carrier  at  the  terminus  of  its  transportation 
to  deliver  to  some  farther  carrier,  in  obedience  to  the 
instructions  of  the  owner  it  is  acting  not  as  a  carrier,  but 
simply  as  a  forwarder.  ^ATiatever  may  have  been  the 
thought  or  purpose  of  the  Hardin  Company  in  respect 
to  further  disposition  of  the  corn,  was  a  matter  im- 
material so  far  as  the  completed  transportation  was 
concerned. 

In  this  respect  there  is  no  difference  between  an  inter- 
state passenger  and  an  interstate  transportation.  Gulf, 
Colo.  &  8.  F.  Ry.  Co.  v.  Texas,  2'04  U.  S.  413. 

8tate  regulation — Interstate  commerce — Effect  where 
shipment  rebilled  and  forwarded  to  another  point  within 
8tate.  A  firm  of  grain  dealers  in  Kansas  City  con- 
tracted with  a  merchant  in  Goldthwaite,  Texas,  to  de- 
liver a  carload  of  corn  at  that  place  at  a  named  price^ 
having  already  agreed  to  purchase  the  corn  to  fill  the 
sale  from  another  dealer  who  had  shipped  it  to  his  order 
from  South  Dakota,  via  Kansas  City,  where  it  was 
sacked  and  reloaded  to  Texarkana,  Texas ;  receiving  the 
car  at  the  latter  place  they  had  it  rebilled  to  their  order 
nt  Goldthwaite,  in  the  same  car  and  without  breaking 
the  bulk,  over  connecting  lines  of  road  wholly  in  Texas, 
and  delivered  to  their  customers.  It  is  held  that  the 
shipment  from  Texarkana  to  Goldthwaite  was  not  in- 
terstate commerce,  but  was  subject  to  the  regulation  of 
the  railroad  commission  of  Texas,  and  the  company 


became  liable  for  charging  more  than  the  rate  prescribed 
for  such  shipment  from  Texarkana  to  Goldthwaite  by 
the  State  regulation.  Gulf,  Colo.  &  8.  F.  Ry.  Co.  v. 
8tate,  97  Texas  274. 

State  and  interstate  commerce.  No  State  can  pro- 
immediately  becomes  applicable,  and  if  the  beer  has 
been  bought  for  sale,  it  may  be  immediately  forfeited 
under  the  State  law.  State  v.  Eighteen  Casks  of  Beer 
hibit  the  importation  into  it  from  other  states  of  in- 
toxicating liquors.  United  States  v.  United  States  j^^ 
press  Co.  (1910),  180  Fed.  Eep.  1006.  4l 

Same — Beer  delivered  to  consignee.  When  a  citiB" 
of  Oklahoma  buys  beer  in  another  State  which  the 
Keller  ships  to  him  in  Oklahoma,  and  pays  the  freight 
and  is  given  possession  and  control  of  the  beer  upon 
the  railroad's  premises,  the  State  law  of  Oklahoira 
8tate  V.  Meservey  (1910),  —  S.  C.  — ,  68  S.  E.  Eep.  763. 
(1909),  —  Okla.  — ,  104  Pac.  Rep.  1093.     See  alw 

Same — Fine  imposed  on  liquor  salesmen.  A  Mary- 
land corporation  in  the  wholesale  liquor  business  solici- 
ted orders  for  beer  by  its  salesmen  in  West  Virginii. 
Held  that  a  West  Virginia  statute  under  which  the  sales- 
man was  sentenced  to  fine  and  imprisonment  for  solici:- 
ing  such  orders  was  valid.  State  v.  Miller  (1909),J6 
W.  Va.  436,  60  S.  E.  Eep.  522.  M I 

8a7ne — South  Carolina  statute.  South  Carolina  otI'S 
ute  making  it  a  misdemeanor  for  one  to  act  as  solicit  r 
for  orders  for  liquor  for  a  dealer  who  is  a  citizen  of  ai:- 
other  State  held  constitutional.  State  v.  Davis  (1910  , 
—  S.  C.  — ,  66  S.  E.  Eep.  875. 

Same — Whiskey  stored  by  carrier.  Whiskey  shipptd 
from  Louisville,  Ky.,  to  Tulsa,  Okla.,  and  placed  by  tl  e 
railway  in  one  of  its  cars  for  storage,  is  not  subject  o 
seizure  under  the  State  laws  while  so  in  storage.  St. 
Louis  £  8.  F.  R.  Co.  v.  State  (1910),  —  Okla.  — ,  1(  i> 
Pac.  Eep.  230. 

Same — Potatoes  in  vessel  at  dock.  A  woman  brougl  t 
a  cargo  of  potatoes  from  Michigan  to  Milwaukee  and  e  :- 
posed  them  for  sale  on  her  vessel  at  the  dock.  Held  th  t 
she  did  not  become  liable  to  the  penalties  provided  by  a 
Wisconsin  statute  that  required  transient  dealers  to  o  i- 
tain  a  license  from  the  municipality  and  pay  a  per  die  n 
of  $20  to  the  city,  besides  $75  to  the  State.  Ex  par'e 
Eaglesfield  (1910),  180  Fed.  Rep.  558. 

Same — Iowa  pure  food  laws.  The  Iowa  State  pu'e 
food  laws  have  no  application  where  groceries  in  pace- 
ages  are  shipped  by  the  seller  in  Ohio  to  its  agent  n 
Iowa  enclosed  in  boxes  and  are  delivered  in  such  pace- 
ages  by  the  agent  to  the  buyer  in  Iowa.  State  v.  Ec 
rode  (1910),  —  Iowa  -— ,  127  N.  W.  Rep.  56. 

Same — Delivery  to  consignee.  The  consignee  in 
gon  received  a  shipment  of  sugar  from  another  State 
and  placed  it  in  his  warehouse  after  paying  the  freight, 
and  then  shipped  it  in  the  original  packages  to  another 
point  in  Oregon.  Held  that  the  transportation  ceas'jd 
to  be  interstate  commerce  when  the  freight  was  paid  and 
the  goods  put  in  the  warehouse,  and  that  the  State  li.w 
of  Oregon  governed  the  rates  to  be  charged  thereaftcsr. 
Oregon  R.  &  Nav.  Co.  v.  Camybell  (1910),  180  Fed. 
Rep.  253. 

Same — Illinois  license  statute.  A  Pennsylvania  cor- 
poration manufacturing  cement  and  selling  it  in  Illinois, 
through  its  agents  there,  is  engaged  in  interstate  com- 
merce and  an  Illinois  statute  specifying  upon  what  tenns 
foreign  corporations  may  do  business  in  that  State  has 
no  application  to  it.  Lehigh  Portland  Cement  Co.  v. 
McLean  (1910),  245  111.  326,  92  N.  E.  Rep.  248.    Com- 


pac  c- 

111 

1  Oie- 


Digest  of  Decisions 


201 


pare  Crenshaw  v.  State  (1910),  —  Ark.  — ,  130  S.  W. 
Eep.  569,  holding  that  an  ordinance  requiring  a  license 
for  peddling  is  not  an  ordinance  requiring  a  license  for 
gelling. 

Same—Wisconsin  license  statiite.  The  Wisconsin 
statute  that  bars  a  recovery  on  contracts  made  by  foreign 
corporations  that  have  not  registered  in  Wisconsin  has 
no  application  where  the  traveling  salesman  of  an  Iowa 
corporation  obtains  an  order  for  goods  in  Wisconsin 
and  forwards  it  to  his  principal  in  Iowa,  which  ships 
the  goods  ordered  from  Iowa  to  the  purchaser  in  Wis- 
consin. Ady  V.  Barnett  (1910),  143  Wis.  18,  124  N.  W. 
Eep.  1061. 

Same— Pennsylvania  statute.  Held  interstate  com- 
merce when  a  contractor  brought  furniture  for  a  ship 
from  Camden,  N.  J.,  into  Philadelphia,  Pa.,  and  there 
delivered  them.  United  States  v.  U.  S.  Fidelity  &  0.  Co. 
(1910),  178  Fed.  Eep.  721,  725. 

Same — Karo  corn  syrup  case.  "Karo  com  syrup"  was 
shipped  in  cans  packed  in  boxes  from  Chicago  into 
Dane  County,  Wisconsin.  Held  that  when  the  boxes 
were  opened  and  the  cans  placed  on  the  shelves  of  the 
retail  dealers  in  Wisconsin  they  were  subject  to  the 
Wisconsin  statute  prohibiting  the  sale  of  glucose  mix- 
tures which  were  not  labeled  glucose.  McDermott  v. 
State  (1910),  —  Wis.  — ,  126  N.  W.  Eep.  888. 

Same — Commercial  agency.  Furnishing  reports  on 
the  financial  credit  and  standing  of  persons  in  one  State 
to  citizens  of  another.  Held  not  to  be  interstate  com- 
merce in  such  sense  as  to  be  exempt  from  state  taxation. 
V.  S.  Fidelity  &  Guaranty  Co.  v.  Commontvealth  (1910), 
—  Ky.  — ,  129  S.  W.  Eep.  314. 

Same — Shipment  of  lumber.  It  is  State  (i.  e.,  intra- 
state) commerce  where  lumber  is  shipped  from  an  in- 
terior point  in  Texas  to  Port  Arthur  docks,  Texas,  there 
to  be  again  shipped  by  vessel  to  the  Eepublic  of  Mexico. 
Tea-arhnna  &  Ft.  Scott  Ry.  Co.  r.  Sabine  Tram  Co. 
(1910),  —  Tex.  Civ.  App.  — ,  129  S.  W.  Eep.  198. 

Railway  commissions.  "The  history  of  the  railway 
commission  in  England  and  in  many  of  the  States  amply 
demonstrates  the  value  of  such  institutions  and  they 
are  now  a  part  of  State  government  all  over  the  Union. 

"The  fact  that  in  a  vast  number  of  localities  a  single 
railroad  enjoj-s  a  monopoly  of  the  transportation,  and 
that  even  in  more  favored  places  the  beneficial  effect 
of  competition  is  destroyed  by  combination,  either  open 
or  concealed,  is  one  of  common  knowledge. 

"So  that  it  has  become  a  recognized  necessity  at  the 
present  day  that  railway  companies  shall  be  under 
governmental  supervision  to  a  reasonable  extent,  and 
be  compelled  to  render  proper  service  at  reasonable 
rates."     Wood  on  Railroads,  658. 

"If  properly  constituted,  these  boards  are  of  great 
service  to  the  State  legislature,  whose  sessions  are  short, 
and  whose  members  are  often  inexperienced  in  the  de- 
tail of  general  legislation  requisite  for  the  proper  man- 
agement of  railways,  and  unfamiliar  with  the  devices 
sometimes  resorted  to  for  the  purposes  of  gaining  un- 
equal and  unjust  legislation  in  behalf  of  interested  indi- 
viduals or  corporations.  But  the  benefit  of  such  a  board 
must  depend  chiefly  upon  its  intelligence  and  independ- 
ence. Without  these  it  might  become  an  instrument  of 
wrong  and  injustice,  more  effective,  perhaps,  than  an 
ordinary  legislative  committee."  Vol.  2.  Redfield  on 
Railways,  606. 

Granger  cases — States  have  full  power  to  fix  rates. 
"In  the  'Granger  Cases'  the  court  upheld  the  acts  of 


Illinois,  Wisconsin,  Minnesota  and  Iowa  providing  for 
the  regulation  of  rates  by  public  service  companies.  In 
supporting  the  power  of  the  legislatures  Chief  Justice 
Waite  said:  'Where  property  has  been  clothed  with  a 
public  interest,  the  legislature  may  fix  a  limit  to  that 
which  shall  in  law  be  reasonable  for  the  use.  This  limit 
binds  the  court  as  well  as  the  people.  If  it  has  been 
improperly  fixed,  the  legislature,  not  the  courts,  must 
be  appealed  to  for  the  change.'  Peik  v.  Chi  cago  &  N. 
W.  Ry.  Co.,  94  U.  S.  164,  178.  Again,  in  Chicago,  M. 
&  St.  P.  Ry.  Co.  V.  AcMey,  94  U.  S.  179,  he  said:  'If 
the  company  refuse  to  carry  at  the  prices  fixed,  and  an 
attempt  should  be  made  to  forfeit  the  charter  on  that 
account,  other  questions  might  arise,  which  it  will  be 
time  enough  to  consider  when  they  are  presented.  But 
for  goods  actually  carried  the  limit  of  the  recovery  is 
that  prescribed  by  the  statutes.' " 

This  expression  of  the  power  of  legislatures  to  make 
rates  without  regard  to  reasonableness  was  modified  in 
the  railroad  commission  cases,  in  which  Chief  Justice 
Waite  said :  "It  is  not  to  be  inferred  that  the  power  of 
limitation  or  regulation  is  itself  without  limit.  This 
power  to  regulate  is  not  a  power  to  destroy,  and  limita- 
tion is  not  equivalent  to  confiscation.  Under  pretense 
of  regulating  fares  and  freights,  the  States  cannot  re- 
quire a  railroad  corporation  to  carry  persons  or  property 
without  reward;  neither  can  it  do  that  which  in  law 
amounts  to  the  taking  of  private  property  for  public  use, 
without  just  compensation  or  without  due  process  of 
law."    Railroad  Commission  Cases,  116  U.  S.  307,  301. 

Reasonableness  of  rates^— Judicial  powers — Due  proc- 
ess of  law.  In  the  case  of  Chicago,  etc.,  R.  Co.  v.  Min- 
nesota, 134  U.  S.  418,  458,  the  court  held,  that  it  was 
within  the  power  of  the  courts  to  declare  a  rate  illegal, 
if  unreasonable,  although  fixed  by  legislative  power. 
Justice  Blatchford,  in  the  opinion,  said:  "The  question 
of  the  reasonableness  of  a  rate  of  charge  for  transporta- 
tion by  a  railroad  companj',  involving  as  it  does  the  ele- 
ment of  reasonableness  both  as  regards  the  company 
and  as  regards  the  public,  is  eminently  a  question  for 
judicial  investigation  requiring  due  process  of  law  foi 
its  determination.  If  the  company  is  deprived  of  the 
power  of  charging  reasonable  rates  for  the  use  of  its 
property,  and  that  deprivation  takes  place  in  the  ab- 
sence of  an  investigation  by  judicial  machinery,  it  is 
deprived  of  the  lawful  use  of  its  property,  and  thus  in 
substance  and  effect,  of  the  property  itself,  without  due 
process  of  law  and  in  violation  of  the  constitution  of 
the  United  States ;  and  in  so  far  as  it  is  thus  deprived 
while  other  persons  are  permitted  to  receive  reasonable 
profits  upon  their  invested  capital  the  company  is  de- 
prived of  the  equal  protection  of  the  laws." 

Mr.  Justice  Miller,  in  a  concurring  opinion,  said :  "In 
regard  to  the  business  of  common  carriers  limited  to 
points  within  a  single  State,  that  State  has  legislative 
power  to  establish  the  right  of  compensation  for  such 
carriage.  The  power  which  the  legislature  has  to  do 
this  can  be  exercised  through  a  commission  which  it 
may  authorize  to  act  in  the  matter. 

"Neither  the  legislation  nor  the  commission  acting 
under  the  authority  of  the  legislation  can  establish  ar- 
bitrarily and  without  regard  to  justice  and  right  a  tariff 
of  rates  for  such  transportation  which  is  so  unreasonable 
as  to  practically  destroy  the  value  of  property  of  per- 
sons engaged  in  the  carrying  business  on  the  one  hand, 
nor  so  exorbitant  and  extravagant  as  to  be  in  utter  dis- 
regard of  the  rights  of  the  public  for  the  use  of  such 


202 


National  Association  of  Railway  Commissioners 


J 


transportation  on  the  other.  In  either  of  these  classes 
of  cases  there  is  an  ultimate  remedy  by  the  parties  ag- 
grieved, in  the  courts,  for  relief  against  such  oppressive 
legislation,  and  especially  in  the  courts  of  the  United 
States,  where  the  tariff  of  rates  established  either  by  the 
legislature  or  by  the  commission  is  such  as  to  deprive 
a  party  of  his  property  without  due  process  of  law. 

"But  until  the  judiciary  has  been  appealed  to  to  de- 
clare the  regulations  made,  whether  by  the  legislature 
or  by  the  commission,  voidable  for  the  reasons  men- 
tioned, the  tariff  of  rates  so  fixed  is  the  law  of  the  land, 
and  must  be  submitted  to  both  by  the  carrier  and  the 
parties  with  whom  he  deals." 

Power  to  fix  rates  not  judicial  nor  exactly  legislative; 
is  executive  or  administrative — Exceptions.  The  power 
to  fix  rates  is  not  a  judicial  nor  strictly  a  legislative 
power,  although  it  may  be  exercised  directly  by  legisla- 
tion. It  is  rather  more  in  the  nature  of  an  executive 
or  administrative  power.  Mr.  Justice  Brewer,  in  C.  & 
N.  W.  R.  Co.  v.  Dey,  35  Fed.  866,  874,  in  speaking 
of  legislative  and  administrative  functions,  said: 
"While  in  a  general  sense,  following  the  language  of  the 
Supreme  Court,  it  must  be  conceded  that  the  power 
to  fix  rates  is  legislative,  yet  the  line  of  demarkation 
between  legislative  and  administrative  functions  is  not 
always  easily  discerned.  The  one  runs  into  the  other. 
The  law  books  are  full  of  statutes  unquestionably  valid, 
in  which  the  legislature  has  been  content  to  simply 
establish  rules  and  principles,  leaving  execution  and 
details  to  other  officers.  Here  it  has  declared  that  rat«s 
shall  be  reasonable  and  just,  and  committed  what  is, 
partially  at  least,  the  mere  administration  of  that  law 
to  the  railroad  commissioners.  Suppose,  instead  of  a 
general  declaration  that  rates  should  be  reasonable  and 
just,  it  had  ordered  that  the  rates  should  be  so  fixed 
as  to  secure  to  the  carrier  above  the  cost  of  carriage  3 
per  cent  upon  the  money  vested  in  the  means  of  trans- 
portation, and  then  committed  to  the  board  of  railroad 
commissioners  the  fixing  of  a  schedule  to  carry  this 
rule  into  effect,  would  not  the  function  thus  vested  m 
Buch  a  board  be  strictly  administrative?  While,  of 
course,  the  cases  are  not  exactly  parallel,  yet  the  illus- 
tration suggests  how  closely  administrative  functions 
press  upon  legislative  power,  and  enforce  the  convic- 
tion that  that  which  partakes  so  largely  of  mere  ad- 
ministration should  not  hastily  be  declared  an  uncon- 
stitutional delegation  of  legislative  power."  That  the 
fixing  of  rates  is  not  a  judicial  power  is  clearly  stated 
by  Mr.  Justice  Hook  in  Western  Union  Tel.  Co.  y. 
Myatt.  He  said :  "Concisely  stated,  to  prescribe  a  tariff 
of  rates  and  charges  is  a  legislative  function;  to  deter- 
mine whether  existing  or  prescribed  rates  and  charges 
are  unreasonable  is  a  judicial  function. 

"That  this  is  the  settled  doctrine  in  this  country  is 
no  longer  open  to  question.  It  is  firmly  fixed  in  the 
body  of  our  jurisprudence.  Reagan  v.  Trust  Co.,  154 
U.  S.  362,  14  Sup.  Ct.  1047,  38  L.  Ed.  1014;  Smyth  v. 
Ames,  169  U.  S.  466,  18  Sup.  Ct.  418,  42  L.  Ed.  819. 
It  follows,  therefore,  as  a  corollary  of  this  doctrine,  that 
courts  have  no  power  to  prescribe  a  schedule  of  rates 
and  charges  for  persons  engaged  in  a  public  or  quasi- 
public  service,  because  that  is  a  legislative  prerogative, 
and  that  the  legislature  has  no  power  to  forestall  the 
judgment  of  the  courts  by  declaring  that  a  tariff  or 
schedule  prescribed  by  it  is  a  finality,  and  thus  prevent 
an  inquiry  into  the  reasonableness  thereof  by  the  courts 
in  a  controversy  properly  challenging  such  reasonable- 


UCll 


ness.  The  legislative  prerogative  is  the  power  to  make 
the  law  to  prescribe  the  regulation  or  rule  of  action. 
The  jurisdiction  of  the  courts  is  to  construe  and  apply 
the  law  or  regulation  after  it  is  made.  The  two  func- 
tions are  essentially  and  vitally  different." 

The  Supreme  Court  of  Nebraska  in  an  opinion  en- 
titled In  re  Railroad  Commissioners,  15  Neb.  679,  lield 
that  the  powers  and  the  duties  of  the  railroad  commis- 
sioners as  usually  defined  by  statutes  are  inherently 
executive.  In  Nebraska  Tel.  Co.  v.  Cornell,  59  Neb. 
364,  the  court  cited  the  above  opinion  with  approval.  ; 
and  held  that  the  duties  of  the  board  of  transportation 
were  to  carry  the  law  into  effect  and  that  they  had  power 
to  regulate  and  classify  rates  and  charges  of  public 
service  companies. 

But  the  tendency  of  State  legislation  is  to  extend  the 
power  of  the  railroad  commission.  In  Virginia  the  com- 
mission has  judicial  and  legislative  as  well  as  executive 
powers.  It  is  further  provided  in  article  12  of  the  con- 
stitution of  Virginia,  which  went  into  effect  July  10, 
1902,  "That  the  commissioners  shall  have  the  power 
and  be  charged  with  the  duty  of  supervising,  regulating 
and  controlling  all  transportation  and  transmission  com- 
panies doing  business  in  this  State  in  all  matters  relating 
to  the  performance  of  their  public  duties  and  their 
charges  therefor,  ....  and  to  that  end  the  com- 
mission shall,  from  time  to  time,  prescribe  and  enforce 
against  such  companies,  .  .  .  such  rates,  charges, 
classifications  of  traffic  and  rates  and  regulations,  and 
shall  require  them  to  establish  and  maintain  all  such 
public  service  facilities  and  conveniences  as  may 
reasonable  and  just."    Section  156,  p.  B. 

In  construing  the  constitutional  provisions  and  tl 
statute  governing  the  commission  the  Supreme  Court  of 
Virginia  said :  "The  State  corporation  commission,  cre- 
ated by  constitutional  authority,  is  the  instrumentality 
through  which  the  State  exercises  its  governmental 
power  for  the  regulation  and  control  of  public  service 
corporations.  For  that  purpose  it  has  been  clothed 
with  legislative,  judicial,  and  executive  powers."  -^qgl 
folk,  etc.,  R.  Co.  V.  Commonwealth,  103  Va.  294.  j|  | 

Corporation  commission — Constitutional  law — Distri- 
bution of  governmental  powers.  The  bill  of  rights  pro- 
vides that  "except  as  hereinafter  provided"  the  legisla- 
tive, executive,  and  judicial  departments  of  the  State  of 
Virginia  shall  be  separate  and  distinct.  The  consti- 
tution and  the  law  passed  in  pursuance  thereof,  cre- 
ate a  State  corporation  commission  for  the  control  of 
corporations,  particularly  public  service  corporations, 
clothing  it  with  limited  legislative,  judicial,  and  execu- 
tive powers  as  necessary  to  meet  the  exigencies  of  the 
situation.  The  concentration  of  these  three  powers  of 
government  in  tlie  corporation  commission  is  not  in  con- 
travention of  the  bill  of  rights  or  any  requirement  of 
the  federal  constitution.  Winchester,  etc.,  R.  Co.  v. 
Commonwealth.  —  Va.  55,  —  S.  E.  692.  MM 

In  New  York  commissioners  may  order  gates,  flagtrM^ 
and  signals.  In  this  State  the  legislature  has  assumed 
the  regulation  by  providing  specifically  what  signals  shall 
be  given  of  the  approach  of  trains  to  crossings,  and  bj 
instructing  the  railroad  commissioners  to  require  other 
signals  at  crossings  when  they  shall  deem  them  necessary 
for  the  protection  of  the  public.  Dtjson  v.  New  York, 
etc.,  R.  R.  Co..  57  Conn.  23 ;  Weber  v.  New  York,  etc., 
R.  Co.,  58  N.  Y.  451;  rulasH  Ky.  v.  New  York,  et<.. 
R.  Co.,  83  N.  Y.  424;  Maryland  v.  Phila.,  etc.,  R.  Co., 


Digest  of  Decisions 


203 


47  Md.  401;  Haas  v.  Grand  Rapids,  etc.,  R.  Co.,  47 
Mich.  401. 

Power  of  commission  limited  by  statute.  Eailroad 
commissions  are  statutory  officers,  and  can  exercise  only 
such  authority  as  is  legally  conferred  by  law,  or  by  fair 
implication  as  incident  to  the  authority  expressly  con- 
ferred.   State  V.  L.  £■  N.  Ry.  Co.,  49  S.  Rep.  39. 

State  railroad  commission — Remedies/  how  limited. 
The  authority  given  the  railroad  commissmners  of  Flori- 
da (Gen.  St.  1906,  section  2910,  as  amended  by  acts 
1907,  p.  108,  c.  5634),  to  compel  restitution  or  enforce 
the  penalty  incurred  for  any  injury  inflicted  on  any 
person  by  carrier  in  violating  any  rule,  rate  or  regula- 
tion of  the  commissioners,  extends  only  to  injuries  in- 
flicted by  a  carrier  in  violation  of  a  rule,  rate  or  regula- 
tion directly  affecting  its  duties  as  a  common  carrier. 
Ry.  Commission  v.  Atl.  Coast  Line  Ry.  Co.  47  So.  Rep. 
870. 

Interlocking  plant — Apportionment  of  cost.  Query: 
Whether  in  apportioning  the  cost  of  an  interlocking 
plant  at  a  crossing  a  railroad  commission  is  bound  by 
an  apportionment  that  the  railroads  affected  have  agreed 
to  among  themselves.  Grand  Trunk  Western  Ry.  Co.  v. 
Railroad  Commission  of  Indiana  (1910),  —  U.  S.  — , 
31  Sup.  Ct.  Rep.  537,  —  L.  Ed.  — ,  affirming  40  Ind. 
App.  168,  81  N.  E.  Rep.  524,  which  holds  that  the 
commission  did  right  in  substantially  following  the 
terms  of  the  contract  between  the  roads  for  the  main- 
tenance at  said  crossing  of  "semaphores  or  other  signals," 
and  "the  requisite  watchmen."  The  contract  did  not  in 
terms  provide  as  to  an  interlocking  plant. 

State  commission  may  have  executive,  legislative  and 
judicial  pawer.  A  railroad  commission  statute  that  con- 
fers legislative,  executive  and  judicial  powers  upon  the 
commission  created  by  it  is  not,  for  that  reason,  uncon- 
stitutional. Oregon  R.  &  Nav.  Co.  v.  Campbell  (1909), 
173  Fed.  Rep.  957,  967.  The  court,  Wolverton,  J.,  re- 
views the  cases  and  says  that  in  practice  it  is  not  possible 
to  keep  the  three  departments  of  government  absolutely 
separate. 

Railroad  may  keep  on  its  own  track.  "A  railroad 
company  cannot  be  compelled  to  operate  its  engines  on 
a  private  track  belonging  to  a  private  corporation  or 
individual  over  which  the  railroad  has  no  control  or  su- 
pervision." Brooks  Mfg.  Co.  v.  Southern  Ry.  Co. 
(1910),  —  N.  C.  — ,  68  S.  E.  Rep.  243.  See  also 
McNeill  V.  Southern  Railroad  Co.  (1905),  202  IJ.  S. 
543,  26  Sup.  Ct.  Rep.  722. 

Commission  may  override  local  authorities.  The 
Kansas  railroad  commission  adopted  a  plan  for  a  sub- 
way crossing  under  a  steam  railroad  by  a  secret  rail- 
way that  gave  the  street  railway  the  exclusive  use  of 
the  subway  and  the  exclusive  use  of  that  portion  of  the 
street  that  was  used  for  approaches  to  the  subway.  Held 
that  the  courts  would  not  interfere.  The  court  said, 
"The  most  suitable  arrangement  to  be  made  in  this  re- 
gard is  a  fair  matter  for  the  determination  of  the  rail- 
road board."  State  v.  Parsons  St.  Ry.  Co.  (1909),  81 
.Kans.  430,  105  Pac.  Rep.  704. 

Commission's  plan  for  crossing  prevails.  Where  the 
Kansas  railroad  commission  adopts  a  certain  plan  for 
the  crossing  of  a  railroad  by  a  street  railway  property, 
owners  cannot  be  heard  to  object  because  some  better 
plan  might  be  devised,  it  appearing  that  the  commission 
had  not  abused  its  discretion  and  that  the  plan  adopted 
was  not  unreasonable.  State  v.  Parsons  St.  Ry.  Co. 
(1909),  81  Kan.  430,  105  Pac.  Rep.  704. 


Arbitrary  or  capricious  orders  of  commission  set  aside. 
If  the  action  of  a  railroad  commission  is  arbitrary  or 
capricious  the  courts  can  grant  relief  against  it.  State 
V.  Parsons  St.  Ry.  Co.  (1909),  81  Kan.  430,  105  Pac. 
Rep.  704. 

State  commission  orders  not  reviewable  by  U.  S. 
courts.  Orders  of  a  State  corporation  commission  are 
not  subject  to  review  of  a  U.  S.  court  except  upon  ap- 
peal to  the  U.  S.  Supreme  Court  from  the  judgment 
of  the  highest  State  court.  North  Carolina  Corporation 
Commission  v.  Southern  Ry.  Co.  (1909),  151  N.  C.  447, 
66  S.  E.  Rep.  427,  429.  - 

Executive  discretion.  When  a  commission  determines 
which  of  two  bidders  is  the  better,  it  exercises  executive 
and  not  judicial  discretion  and  its  action  cannot  be 
•reviewed  by  writ  of  certiorari.  Newell  v.  Franklin 
(1910),  —  R.  I.  — ,  74  Atl.  Rep.  1009. 

State  railroad  commissions — Nature  of  powers.  Un- 
der the  constitution  of  Alabama,  section  243,  which 
confers  power  and  authority  on  the  legislature  to  regu- 
late freight  and  passenger  tariffs,  the  legislature  cannot 
delegate  such  power,  and  the  railroad  commission  of  the 
State  authorized  by  statute  to  determine  and  declare 
what  are  reasonable  rates,  and  to  fix  schedules  of  rates 
which  shall  be  the  lawful  rates,  acts  under  such  author- 
ity as  an  administrative,  and  not  as  a  legislative  body, 
and  a  court  may  enjoin  the  promulgation  by  it  of  any 
particular  schedule  whenever  essential  to  the  ends  of 
justice.  C.  of  Ga.  Ry.  Co.  v.  Ry.  Commission  of  Ala., 
161  Fed.  Rep.  925. 

Commission  cannot  disregard  statutes.  A  State  rail- 
road commission  cannot  authorize  railroads  to  disregard 
provisions  of  the  State  statute  prohibiting  unjust  dis- 
crimination in  charges  for  similar  service.  Ry.  Comm.. 
V.  Galveston  Chamber  of  Commerce,  115  S.  W.  94. 

Commission — Power  limited  by  statute.  Railroad 
commissioners  can  exercise  only  such  authority  as  is  con- 
ferred by  express  provisions  of  law  or  such  as  is,  by 
fair  implication  and  intendment,  incident  to  the  author- 
ity expressly  conferred.  State  v.  Atl.  Coast  Line  Co, 
47  So.  Rep.  969. 

Power  of  commission  held  administrative.  The  power 
of  a  railroad  commission  is  not  judicial  but  adminis- 
trative or  legislative,  and  a  State  statute  permitting 
the  aggrieved  party  to  bring  his  action  in  the  Circuit 
Court  after  a  decision  of  the  commission,  is  for  the 
purpose  of  having  such  decision  judicially  determined 
before  its  enforcement,  and  if  the  person  aggrieved  fails 
to  avail  himself  of  the  statutory  method  of  questioning 
such  decision,  it  will  be  conclusive  in  a  collateral  pro- 
ceeding except  for  unconstitutionality.  So.  Ind.  Ry.  Co, 
V.  Ry.  Commission,  —  Ind.  — ,  87  N.  E.  966. 

Power  of  commission  over  federal  receiver.  Receivers 
of  a  federal  court  operating  street  railroad  lines  will  not 
be  directed  to  obey  an  order  of  the  State  Public  Service 
Commission  requiring  them  to  establish  a  joint  rate  and 
exchange  transfers  with  an  independent  road  where  it 
can  only  be  done  at  a  serious  loss,  and  the  power  of 
the  commission  to  make  such  order  is  doubtful  until  the 
question  of  such  power  has  been  adjudicated  by  the 
State  court.  Pa.  Steel  Co.  v.  N.  Y.  City  Ry.  Co.,  165 
Fed.  Rep.  470. 

Certificate  of  necessity — Certiorari.  An  order  by  the 
Board  of  Railroad  Commissioners  granting  a  certificate 
of  necessity  for  the  construction  of  a  railroad  is  review- 
able on  certiorari.  People  v.  Bd.  of  Ry.  Comm.,  — 
N.  Y.  — ,  114  N.  Y.  Supp.  122. 


204 


National  Association  of  Railway  Commissioners 


Oklahoma — Proceeding  for  contempt.  Instance  of 
proceeding  before  the  corporation  commission -to  punish 
a  carrier  as  for  contempt  for  violating  an  order  of  the 
commission.  St.  Louis  &  S.  F.  R.  Co.  v.  State  (1910), 
— ■  Okl.  — ,  107  Pac.  Rep.  929. 

Contempt  proceeding.  In  a  proceeding  to  punish  a 
carrier  as  for  contempt  for  disobeying  an  order  of  a 
railroad  commission,  the  petition  must  be  sworn  to 
and  must  set  up  facts  sufficient  to  make  out  a  case. 
St.  Louis  &  S.  F.  R.  Co.  V.  State  (1910),  —  Okl.  — , 
107  Pac.  Pep.  929. 

Duty  to  see  to  incorporation.  Before  granting  any 
privileges  to  a  railroad  company  iinder  the  State  law, 
it  is  the  duty  of  the  railroad  commissioners  to  ascertain 
whether  the  alleged  company  is  duly  incorporated  and 
has  complied  with  the  State  law.  People  v.  Public  ■ 
Service  Commission,  112^  N.  Y.  Supp.  133. 

State  railroad  commissions — Power  to  order  connec- 
tions— Evidence.  Wliere  a  railroad  company  chartered 
by  the  State,  one  purpose  of  which  is  to  transport  in- 
trastate commerce,  was  ordered  by  the  State  railroad 
commission  to  join  in  the  construction  of  a  connection 
with  an  intersecting  railroad  under  a  State  statute  pro- 
viding that  the  act  authorizing  the  commission  to  order 
such  connection  should  apply  only  to  the  transportation 
of  passengers  and  property  between  points  within  the 
State,  the  order  was  not  void  as  a  regulation  of  inter- 
state commerce;  the  subject  being  one  on  which  con- 
gress has  not  expressly  acted. 

Orders  of  a  railroad  commission  created  under  the 
Indiana  statute,  while  not  conclusive  in  any  given  case, 
where  seasonably  attacked,  are  presumptively  valid,  and 
will  be  set  aside  only  when  a  clear  case  is  made  against 
them.  P.,  C,  C.  &  St.  L.  Ry.  Co.  v.  Hunt,  86  IST.  E.  328. 

Physical  track  connections.  Under  a  State  statute 
vesting  the  railway  commission  with  power,  on  complaint 
made,  to  make  regulations  concerning  the  sufficiency  of 
the  trackage,  railroad  connections,  siding,  equipments, 
etc.,  and  to  order  that  additional  trackage  or  siding  be 
constructed,  the  commission  has  power  to  compel  the 
making  of  physical  track  connections.  State  v.  Ry. 
Commission,  100  Pac.  Rep.  179. 

Florida  rule  as  to  switching  charges.  An  order  of  the 
Florida  Eailroad  Commission  fixed  the  maximum 
switching  charge  for  delivering  cars  of  rough  lumber 
to  planing  mills  at  Jacksonville  to  be  dressed  and  re- 
turning them  after  they  were  dressed  at  $8  per  car 
when  the  switching  movement  was  over  the  track  of 
only  one  road  and  at  $3  per  car  when  the  switching 
movement  was  over  two  or  more  roads.  Held  that  the 
rule  was  valid.  State  v.  Atlantic  Coast  Line  R.  Co.: 
(1910),  —  Pla.  — ,  52  So.  Rep.  4. 

Powers — Trust  certificates  are  obligations.  "New 
York  Central  Lines  Equipment  Trust  Certificates  of 
1907"  held  to  be  obligations  of  the  New  York  Central 
lines  in  such  tense  that  the  lines  could  not  lawfully  issue 
them  without  consent  of  the  Public  Service  Commission. 
People  V.  New  York  Central  &  E.  R.  R.  Co.  (1910),  123 
N.  Y.  Sup.  125. 

Apportionment  of  costs.  Where  a  railroad  commis- 
sion apportions  the  cost  of  an  improvement  pursuant 
to  authority  given  to  it  by  statute,  the  courts  will  not 
interfere  with  such  apportionment  unless  it  is  "mani- 
festly illegal  or  unjust."  Orono  v.  Bangor  Ry.  &  Elec- 
tric Co.  (1909),  105  Me.  428,  74  Atl.  Rep.  1022. 

Commissioners  may  change  route.    When  grade  cross- 


ings cannot  be  done  away  with  without  a  limited  change 
of  route  of  the  railroad  the  Public  Service  Commission 
has  power  to  order  such  change  of  route.  This  is  under 
the  power  to  determine  "what  alterations  or  changes,  if 
any,  shall  be  made."  In  re  N.  Y.  Cent.  R.  R.  Oo^h 
Appeal  of  White  Plains  (1910),  121  N.  Y.  Supp.  S3^| 

Fixing  rates  a  legislative  power.  The  power  of  the 
Oklahoma  Corporation  Commission  to  fix  rates  held  to 
be  a  legislative  power.  Ft.  Smith  &  W.  Ry.  Co.  v. 
State  (1910),  —  Okl.  — ,  108  Pac.  Rep.  407,  408. 

Reports  of  accidents.  The  receiver  of  a  street  railway 
company  held  liable  to  penalty  imposed  by  New  York 
statute  for  failing  to  make  report  to  the  Public  Service 
Commission  as  required  by  the  statute.  People  v.  Joline, 
(1909),  121  N.  Y.  Supp.  857,  65  Misc.  Rep.  (N.  Y.) 
394. 

Schedules  with  reference  to  connections.  The  genera! 
and  special  powers  given  railroad  commissioners  are 
ample  to  authorize  them  to  make  just  and  reasonable 
regulations  of  the  schedules  of  railroads  with  reference 
to  connections,  so  far  as  to  afford  reasonable  conven- 
ience and  comfort  to  the  public  affected  by  the  service. 
State  V.  Florida  East  Coast  Ry.  Co.,  49  So.  Rep.  43. 

Separate  passenger  service — State  railroad  commis- 
sion's police  power — Constitutional.  An  order  of  a 
railroad  commission  requiring  a  railroad  to  operate 
separate  passenger  service  within  a  State  is  properly 
within  the  exercise  of  its  police  power,  and  is  not  an 
attempt  to  regulate  interstate  commerce,  nor  does  it 
directly  place  a  burden  on  such  commerce.  State  v. 
Missouri  Pac.  Ry.  Co.,  76  Kan.  467,  92  Pac.  Rep.  606. 

Confiscatory  order  enjoined.  A  State  railroad  com- 
mission may  be  enjoined  from  enforcing  its  order  on 
the  ground  that  the  same  is  confiscatory.  Central  of 
Ga.  Ry.  Co.  v.  McLendon,  157  Fed.  Rep.' 961. 

No  power  to  compel  report  of  accidents.  A  railroad 
commission  has  no  authority  to  adopt  or  enforce  a  rule 
requiring  railroads  to  report  to  such  commission  by  tele- 
gram, followed  by  a  written  report  of  all  wrecks  and 
their  causes,  and  the  names  and  addresses  of  the  per- 
sons killed  or  injured  therein.  State  v.  Louisville  & 
Nashville  Ry.  Co.,  49  So.  Rep.  39.  ■  j 

Enjoining  order  for  station.    A  railway  company  miP  | 
restrain  the  enforcement  of  an  unreasonable  and  unjust 
order  of  a  railroad  commission  requiring  the  company 
to  erect  and  maintain  a  depot  at  a  place  designated  by 
the  commission.    Ry.  Com.  v.  C,  R.  I.  &  P.,  114  S. 


II 


192. 

Equal  facilities  to  all  shippers.  A  refusal  to  deliver 
cars  of  cotton  seed  upon  a  warehouse  side  track,  as  was 
done  for  other  consignees,  is  a  violation  of  Rule  36 
of  the  Railroad  Commission  of  Georgia,  requiring  car- 
riers to  afford  all  persons  "equal  facilities  in  the  trans- 
portation and  delivery  of  freight  without  unjust  dis- 
crimination." Augusta  Pro.  Co.  v.  C.  of  Oa.  Ry.  Co^ 
62  S.  E.  996. 


lem" 


State  commission  may  stop  interstate  train.    An  ord 
of  the  Oklahoma  Corporation  Commission  requiring 
stoppage  of  an  interstate  train  at  the  town  of  Troy  het 
to  be  reasonable  and  valid.    iS'^.  Louis  &  S.  F.  R.  Co.  v. 
Troy  (1910),  —  Okl.  — ,  108  Pac.  Rep.  753. 

Order  for  new  station.    An  order  requiring  a  new  rail- 
road station  will  be  affirmed  upon  appeal  if  it  appears  to    . 
be  reasonable  and  supported  by  evidence.  Delaware,  L.  &   ■ 
W.  R.  Co.  v.  Railroad  Commissioners  of  N.  J.  (1909),    " 
—  N.  J.  — ,  74  Atl.  Rep.  269;  Chicago,  R.  I.  &  P.  R. 


Digest  of  Decisioxs 


205 


Co.  V.  Nebraska  State  By.  Commission  (1910),  85  Neb. 
818,  124  N.  W.  Eep.  477. 

Order  for  new  station.  Order  of  the  Nebraska  Eail- 
road  Commission  requiring  the  Chicago,  Eock  Island 
&  Pacific  Eailroad  Company  to  erect  a  station  at  Uni- 
versity Place,  a  town  of  3,500  population,  affirmed 
upon  appeal  in  Chicago,  R.  I.  &  P.  B.  Co.  v.  Nebraska 
State  By.  Commission  (1910),  85  Neb.  8^,  124  N.  W. 
Eep.  477.  Like  order  affirmed  in  Delawai%  L.  &  W.  B. 
Co.  V.  Bailroad  Commissioners  of  New  Jersey  (1909), 

—  N.  J.  — ,  74  Atl.  Eep.  269. 

Order  changing  name  of  station.  Order  changing  the 
name  of  a  railroad  station  from  Cale  to  Sterrett  reversed 
upon  a  showing  that  the  railroad  had  another  station 
called  Sterrett  in  the  adjacent  state.  Missouri,  K.  &  T. 
By.  Co.  V.  State  (1910),  —  Okl.  — ,  106  Pac.  Eep.  856. 

Order  to  rebuild  freight  statioti.  The  order  of  a  cor- 
poration commission  requiring  a  railroad  to  reconstruct 
a  freight  station  at  a  cost  exceeding  $2,000  cannot  be 
removed  to  a  United  States  court  because  the  proceed- 
ings that  led  up  to  the  making  of  the  order  do  not 
constitute  a  "suit",  within  the  meaning  of  the  removal 
statute.  North  Carolina  Corporation  Commission  v. 
Southern  By.  Co.  (1909),  151  N.  C.  447,  66  S.  E. 
Eep.  4»7. 

Order  reviewable  by  certiorari.  A  determination  by 
a  railroad  or  Public  Service  Commission  is  of  a  quasi- 
judicial  character  and  hence  subject  to  review  bv  cer- 
tiorari..  People  v.  Willcox  (1910),  198  N.  Y.  433,  91 
N.  E.  Eep.  1102,  citing  People  v.  Willcox  (1908),  129 
App.  Div.  (N.  Y.)  267,  113  N.  Y.  Supp.  861,  affirmed 
in  People  v.  Willcox  (1909),  194  N.  Y.  383,  87  N.  E. 
Eep.  617. 

Penalty  for  sidetracking  cars.  Demurrage  and  delay 
rule  No.  10  of  the  Mississippi  Bailway  Commission,  ef- 
fective June  18,  1904,  prescribing  a  penalty  for  delay- 
ing shipments  by  sidetracking  ears  in  transit,  entitles 
the  consignee  to  recover  the  penalty.  Keystone  Lumber 
Yd.  V.  IF.  (&  M.  V.  B.  Co.  47  So.  Eep.  803. 

Becipi-ocal  demurrage  rules  apply  to  all  traffic.  The 
reciprocal  demurrage  rules  of  the  Georgia  Bailroad 
Commission  imposing  penalties  for  failure  to  furnish 
cars,  etc.,  apply  to  interstate  as  well  as  State  traffic. 
Southern  By.  Co.  v.  Atlanta  Sand  £  Supply  Co.  (1910), 

—  Ga.  — ,  68  S.  E.  Eep.  807. 

Beciprocal  demurrage — Application  for  cars.  An  ap- 
plication for  freight  cars  must  state  at  what  time  the 
cars  requested  are  to  be  furnished.  Otherwise  the  rail- 
road is  not  subject  to  the  penalty  for  delay  in  furnish- 
ing them.  Cox  v.  Missouri,  K.  &  T.  By.  Co.  (1909), 
81  Kan.  186,  105  Pac.  Eep.  14. 

Reciprocal  demurrage — Interstate  traffic.  The  Mis- 
sissippi Eailroad  Commission  may  enforce  reciprocal 
demurrage  rules  with  reference  to  interstate  shipments. 
Yazoo  £  M.  V.  B.  Co.  v.  Greenwood  Grocery  Co.  (1910), 

—  Miss.  — ,  51  So.  Eep.  450. 

Beciprocal  demurrage — Attorney's  fees.  Provision  for 
attorney's  fees  in  reciprocal  demurrage  statute  held  to 
be  part  of  the  penalty  and  held  not  to  render  the  statute 
in  that  respect  unconstitutional.  Hardivick  Farmer's' 
Elevator  Co.  v.  Chicago,  B.  I.  &  P.  By.  Co.  (1910),  110 
Minn.  25,  124  N.  W.  Eep.  819. 

Beciprocal  demurrage — Minnesota  statute.  Minne- 
sota reciprocal  demurrage  statute  held  constitutional 
and  conviction  of  interstate  carrier  thereunder  sus- 
tained.    Hardwick  Farmers'  Elevator  Co.  v.  Chicago, 


R.  I.  &  P.  By.  Co.  (1910),  110  Minn.  25,  134  N.  W. 
Eep.  819.  Followed  in  Martin  v.  Great  Northern  By. 
Co.  (1910),  110  Minn.  118,  124  N.  W.  Eep.  825. 

Beciprocal  demurrage — Failure  to  furnish  cars.  An- 
swer of  railroad  held  to  state  sufficient  facts  to  make  out 
a  defense  to  a  suit  against  it  for  its  failure  to  furnish 
sufficient  cars  to  comply  with  the  requirement  of  a  ship- 
per. Martin  v.  Great  Northern  By.  Co.  (1910),  110 
Minn.  118,  124  N.  W.  Eep.  825. 

Demurrage — Penalty  of  delay,  i^irnishing  ten  cars 
after  penalties  have  been  incurred  by  the  railroad's  de- 
lay in  furnishing  them  does  not  release  the  penalties 
incurred.  Udall  Milling  Co.  v.  Atchison,  T.  £  S.  F. 
Ry.  Co.   (1910),  82  Kan.  256,  108  Pac.  Eep.  137. 

Failure  to  give  notice.  Under  the  demurrage  statute 
of  Arkansas  a  railroad  may  be  fined  $5  per  car  per  day 
for  failing  to  give  notice  to  the  consignee  of  the  ar- 
rival of  a  shipment  from  another  State  within  24  hours 
after  such  arrival.  St.  Louis  I.  M.  &  S.  B.  Co.  (1910), 
—  Ark.  — ,  127  S.  W.  Eep.  713. 

Demurrage — Limitation.  The  one-year  statute  of 
limitations  applies  as  to  penalties  incurred  by  a  rail- 
road under  the  Kansas  statute  for  failing  to  furnish  cars 
to  a  shipper  upon  demand.  Udall  Milling  Co.  v.  Atchi- 
son, T.  &  S.  F.  By.  Co.  (1910),  82  Kan.  256,  108  Pac. 
Eep.  137. 

Transportation  Facilities. 

Duty  to  provide  sufficient  facilities.  The  first  duty 
of  a  common  carrier  who  holds  himself  out  to  the  pub- 
lic, as  ready  to  engage  in  the  carrying  of  business,  is, 
of  course,  to  provide  himself  with  reasonable  facilities 
and  appliances  for  the  transportation  of  such  goods  aa 
he  holds  himself  out  as  ready  to  carry.  He  must  put 
himself  in  a  situation  to  be  at  least  able  to  transport 
an  amount  of  freight  of  the  kind  which  he  proposes  to 
carry  equal  to  that  which  may  be  ordinarily  expected 
to  seek  transportation  upon  his  route ;  for  while  the  law 
will  sometimes  excuse  him  for  delay  in  transportation, 
and  even  for  a  refusal  to  accept  the  goods  which  may 
be  offered  for  carriage  when  there  occurs  an  unprece- 
dented and  unexpected  press  of  business,  it  will  not  do 
so  when  his  failure  or  refusal  results  from  his  not  hav- 
ing provided  himself  with  the  means  of  present  trans- 
portation for  all  who  may  apply  in  regular  and  expected 
course  of  business.  Hutchinson  on  Carriers,  section 
292,  Texas  &  P.  Ry.  Co.  v.  Barrows,  —  Tex.  — ,  94  S. 
W.  76. 

Free  storage  rule  held  unreasonable.  A  commission's 
order  which  requires  the  carrier  to  give  ten  days'  free 
storage  of  freight  received  over  its  line  where  the  con- 
signee resides  at  an  interior  point,  five  miles  or  more 
distant  from  the  railroad,  hel^  unreasonable  and  void 
as  to  interstate  traffic.  St.  T^ouis  &  S.  F.  B.  Co.  v. 
State  (1910),  —  Okl.  — ,  107  Pac.  Eep.  929,  936. 

Mandamus  to  control  distribution  of  cars.  Mandamus 
does  not  lie  to  control  distribution  of  coal  cars  among 
shippers  in  advance  of  application  to  the  Interstate 
Commerce  Commission.  Baltimore  &  Ohio  B.  Co.  v. 
U.  S.  (1910),  215  U.  S.  481,  30  Sup.  Ct.  Eep.  164. 

Excuse  for  delay  in  furnishing  cars — Bu^h  of  buffiness. 
An  unprecedented  rush  of  business  that  caused  a  block- 
ade of  the  railroad's  tracks,  sidings  and  switches,  not- 
withstanding it  had  ample  facilities,  held  a  sufficient 
excuse  for  non-compliance  witli  a  shipper's  requisition 
for  cars.    Texas  &  P.  B.  Co.  v.  Andrews,  Beynolds  &  Co. 


206 


National  Association  of  Railway  Commissioners 


I 


(1910),  —  Tex.  — ,  126  S.  W.  Rep.  562,  reversing 
Texas  &  P.  R.  Co.  v.  Andrews,  Reynolds  &  Co.  (1909), 
—  Tex.  Civ.  App.  — ,  118  S.  W.  Rep.  1101.  The  Su- 
preme Court  held  in  this  case  that  the  railroad  should 
be  held  for  actual  damages  suffered  by  the  shipper, 
amounting  to  $60,  but  not  for  penalties  of  $25  per  car 
for  each  day  the  delay  continued,  amounting  to  $1,600. 
See  also  Texas  &  Pac.  R.  Co.  v.  Taylor  (1910),  —  Tex. 
— ,  126  S.  W.  Rep.  1117,  1200,  which  holds  that  the 
mere  fact  that  the  railroad's  evidence  as  to  a  congestion 
of  traffic  is  uncontradicted  does  not  justify  the  court  in 
directing  a  verdict  in  favor  of  the  railroad. 

Distribution  of  coal  cars.  Order  of  Interstate  Com- 
merce Commission  upheld  that  required  the  Illinois 
Central  Railroad  in  distributing  coal  cars  among  ship- 
pers in  time  of  car  shortage  to  count  its  own  fuel  cars 
against  the  mines  receiving  them.  Interstate  Commerce 
Commission  v.  Illinois  Central  R.  Co.  (1910),  215  U.  S. 
452,  30  Sup.  Ct.  Rep.  155,  reversing  173  Fed.  Rep. 
930. 

Carrier  may  apportion  supply  cars.  If  the  carrier  has 
furnished  itself  with  cars  sufficient  to  carry  the  freight 
which  may  be  reasonably  expected  to  be  offered  for  car- 
riage, taking  into  consideration  the  fact  that  at  certain 
seasons  more  cars  are  needed,  it  has  exercised  due  dili- 
gence in  that  regard,  and  where,  through  causes  which 
are  not  within  its  control,  it  cannot  supply  the  cars  tem- 
porarily necessary  by  unusual  demand  therefor,  it  is  en- 
titled to  apportion  the  same  in  a  fair  and  equitable 
manner  among  its  patrons,  and  cannot  be  compelled 
to  supply  one  shipper  with  cars  to  the  exclusion  of 
others.  State  of  Nebraska  v.  Chicago,  B.  &  0.  R.  Co., 
Neb.,  101  N.  W.  23 ;  State  of  Neb.  v.  Chicago  R.  Co., 
99  N.  W.  309,  Neb. 

Duty  to  furnish  grain  cars — Furnishing  cars.  It  is 
the  duty  of  a  railroad  corporation,  both  under  the  com- 
mon law  and  the  statutes  of  Nebtaska,  to  supply  cars  to* 
all  persons  or  associations  handling  or  shipping  grain, 
without  favoritism  or  discrimination  in  any  respect 
whatever.  State  of  Nebraska  ex  rel.  McComb  v.  Chicago, 
B.  &  Q.  R.  Co.,  Neb.,  99  N.  W.  309. 

Shippers  must  demand  cars.  Where  the  shipper  re- 
quires a  car  at  a  certain  station  for  his  exclusive  use, 
he  must,  at  common  law,  give  notice  to  the  railroad 
company,  after  which  notice  the  company  has  a  reason- 
able time  in  which  to  furnish  the  car.  Railroad  Co.  v. 
Bundy,  97  111.  App.  202. 

Carrier  must  notify  shipper  of  inability  to  furnish 
cars.  Where  a  shipper  makes  application  for  cars  on  a 
certain  day,  it  is  the  duty  of  the  carrier  to  advise  him 
within  a  reasonable  time  if  it  will  be  delivered  to  them 
at  the  time ;  and  if  it  fails  to  do  so  and  leads  the  ship- 
per to  rely  on  having  the  car  on  that  day,  it  will  be 
liable  to  him  in  damages.  Ayres  v.  Chicago  Mo.  R.  C, 
71  Wis.  372. 

Failure  to  furnish  cars — Discrimination.  When  a  rail- 
road company  contracted  to  furnish  cars  to  a  shipper  at  a 
specified  time,  but  neglected  to  do  so  or  to  give  reason- 
able notice  of  its  inability  to  do  so,  it  was  liable  for  dam- 
ages by  failure  to  furnish  the  cars  at  the  agreed  time. 
When  plaintiff  orders  cars  of  defendant  railway  com- 
pany to  be  delivered  at  a  certain  date,  defendant's  ac- 
tion in  filling  subsequent  orders  before  plaintiff's  was 
unlawful  discrimination.  Nichols  v.  Oregon,  etc.,  R. 
Co.,  24  Utah  83,  66  Pac.  768. 

Apportionment  must  be  based  upon  number  in  use,  in- 
cluding private  cars  furnished  by  shippers — -Contract  in- 


effectual to  change  rule.  It  is  the  duty  of  a  railroad  to 
equip  its  roadway  with  the  means  of  transportation, 
vehicles,  as  well  as  motive  power,  the  use  of  which  ve- 
hicles must  be  open  to  all  shippers  impartially.  If,  in- 
stead of  providing  itself  with  sufficient  and  suitable  cars 
to  transport  the  freight  offered,  certain  of  its  customers, 
even  for  their  own  convenience,  furnished  their  own  cars, 
the  cars  thus  provided  should  be  considered  part  of  the 
available  equipment  of  such  railroad. 

A  common  carrier  for  all  transportation  purposes,  so 
far  as  the  public  is  concerned,  makes  every  vehicle  its 
own  which  it  uses  or  brings  upon  its  road,  no  matter  how 
acquired;  and,  it  being  the  duty  of  the  carrier  to  trans- 
port freight  for  all  persons,  in  the  order  in  which  its 
transportation  is  applied  for,  it  cannot  be  permitted 
to  suffer  freight  cars  to  be  placed  upon  its  track  for 
any  customer  for  his  exclusive  use,  except  upon  condi- 
tion that  if  such  carrier  does  not  provide  sufficient 
and  suitable  cars  to  transport  the  freight  of  other  cus- 
tomers in  the  order  in  which  its  transportation  is 
applied  for,  such  private  cars  may  be  used  for  that  p^a 
pose.  f  I 

Rate — Private  cars — Allotment  of  cars  to  shippers  ' 
of  coal.  In  every  case  where  there  is  a  system  of 
mine  rating,  and  the  supply  of  coal  cars,  according 
to  such  rating,  is  not  sufficient  to  meet  the  immediate 
requirements  of  shippers,  all  cars  from  whatever  source 
and  however  acquired,  allowed  to  go  upon  the  track 
of  the  carrier  and  transport  coal  from  mines  on  its 
line,  must  be  taken  into  account  and  considered  in 
the  allotment  and  distribution  of  coal  cars  to  shippers. 
And  these  duties  of  the  company  cannot  be  altered 
by  the  furnishing  of  special  cars  to  the  carrier  to  be 
used  exclusively  in  the  transportation  of  coal  for  that 
shipper,  whether  sold  by  the  shipper  to  the  carrier 
on  the  installment  plan,  or  the  shipper  retains  title 
to  the  cars.  Such  shipper  cannot,  by  contract  with 
the  carrier,  dictate  what  the  rule  of  allotment  shall  be, 
nor  by  any  scheme  or  device,  preclude  the  carrier  from 
taking  into  consideration  such  private  cars  as  a  part 
of  its  available  equipment  for  allotment  and  distribu- 
tion to  shippers  of  coal.  H.  W.  Coal  Co.  v.  W.  <&  L.  &m 
Ry.  Co.,  Ohio  Ry.  Commission  Rep.,  Dec.  22,  1906.      9 1 

Carrier's  liability  for  damages.  Where  a  shipper  places 
his  cattle  in  pens  for  shipment,  when  he  knew  there 
were  no  cars  there  in  which  to  ship  them,  and  permitted 
them  to  remain  in  the  pens  and  await  the  arrival  of  the 
cars  without  feeding  and  watering  them,  because  relying 
on  the  carrier's  representations  that  cars  would  soon  be 
there,  the  carrier  was  liable  for  the  injury  resulting  from 
such  failure.  Oulf,  C.  &  S.  F.  R.  Co.  v.  House  &  Wat- 
kins,  Tex.  Cr.  App.,  88  S.  W.  1110. 

Passengers.  ^1 

Carriers — Liability  to  passengers  for  faulty  equipment 
and  facilities.    In  the  transportation  of  passengers,  the 
law  exacts  of  a  railway  company  the  highest  degree  of  ; 
care,  skill  and  foresight  consistent  with  the  practical 
operation  of  its  road.    "Where  a  passenger  is  injured  by 
the  car  in  which  he  is  riding  leaving  the  track,  a  pre-   . 
sumptive  negligence  on  the  part  of  a  railroad  company   , 
at  once  arises.    This  rule  applies  to  all  cases  in  which 
the  car  or  train  fails  to  remain  and  continues  running 
upon  the  track ;  this  may  happen  through  a  defective  ap-   ■ 
pliance,  a  broken  wheel  or  axle,  a  broken  or  spread  rail,   • 
defective  roadbed  or  track  unsound  in  any  respect,  a 
washout,  landslide  or  a  breaking  of  a  bridge.    In  all  sue  h 


ti 


Digest  of  Decisions 


207 


cases  the  burden  of  proof  is  upon  the  carrier  to  show 
that  the  injury  resulted  from  no  negligence  on  its  part. 
It  is  not  enough  for  the  railway  company  to  insist  that  it 
did  not  know  how  the  accident  occurred,  and  that  it  is 
impossible  for  it  to  find  out."    16  Am.  &  Eng.  E.  Cas., 
N.  S.  126,  cites:  (Alabama)  Ala.  G.  S.  Ry.  Co.  v.  Hill, 
93  Ala.  514,  9  L.  R.  A.  442;  Montgomery  &  E.  R.  Co. 
V.  Malleite,  92  Ala.  209;  Richmond  d(D.  R.  Co.  v. 
Greenwood,  99  Ala.  501.     (Arkansas)  mireka  Springs 
R.  Co.  V.  Timmons,  51  Ark.  459,  40  A.  &  E.  R.  Co.  698 ; 
George  v.  St.  Louis,  I.  M.  £  S.  R.  Co.,  34  Ark.  613 ; 
Little  Rock  &  TF.  S.  R.  Co.  v.  Miles,  Ark.,  13  Am.  & 
Eng.  R.  Cas.  10 ;  Railroad  Co.  v.  Murray,  55  Ark.  248. 
(California)    Boyce   v.   California  Stage   Co.,   25   Cal. 
460;  Mitchell  v.  So.  Pac.  Ry.  Co.,  87  Cal.  62,  11  L.  R.- 
A.  130;  Green  v.  Pacific  L.  Co.,  130  Cal.  435.     (Col- 
orado) Denoiu  S.  P.  &  P.  R.  Go.  v.  Woodward,  4  Colo. 
1.     (Connecticut)  Derwort  v.  Towner,  21  Conn.  245; 
Murray  v.  Railroad  Co.,  66  Conn.  572.     (Delaware) 
MacFent  v.  Railroad  Co.,  62  At!.  Rep.  898.    (Georgia) 
Railroad  Co.  v.  Cunningham,  123  Ga.  90;  Holly  v.  Rail- 
road Co.,  61  Ga.  215;  Central  R.  Co.  v.  Sanders,  73  Ga.  ■ 
513;  Electric  R.  Co.  v.  Carson,  98  Ga.  652.     (Illinois) 
Chicago,  P.  &  St.  L.  R.  Co.  v.  Lewis,  145  111.  67 ;  Chi- 
cago &  A.  R.  R.  Co.  V.  Arnot,  144  111.  261;  Pittsburg, 
etc.,  R.  Co.  V.  Thompson,  56  111.  138 ;  Tuller  &  Talbot, 
23  111.  257 ;  Railroad  Co.  v.  Bynum,  153  111.  131 ;  Rail- 
road Co.  V.  Beebe,  174  111.  13;  Railroad  Co.  v.  Scott, 
111  111.  App.  234;  Peoria  P.  &  J.  R.  R.  v.  Reynolds,  88 
111.  418.     (Indiana)  Louisville,  etc.,  R.  Co.  v.  Thomp- 
son, 107  Ind.  442;  Louisville,  etc.,  R.  Co.  v.  Jones,  108 
Ind.  551 ;  Louisville,  etc.,  R.  Co.  v.  Miller,  141  Ind. 
553;  Cleveland,  etc.,  R.  Co.  v.  Newell,  104  Ind.  264; 
Bedford,  etc.,  R.  Co.  v.  Rambolt,  99  Ind.  551 ;  Jefferson, 
etc.,  R.  Co.  V.  Hendricks,  26  Ind.  238;  Pittsburg,  etc., 
R.  Co.  V.  Williams,  74  Ind.  463 ;  Cleveland,  etc.,  R.  Co. 
V.  Newell,  75  Ind.  542;  Kentucky,  etc.,  B.  Co.  v.  Quin- 
kirt,  2  Ind.  App.  244.     (Iowa)  Tuttle  v.  Chicago,  etc., 
R.  Co.,  48  Iowa  236;  Pershing  v.  Chicago,  etc.,  R.  Co., 
71  Iowa  561;  Raymond  v.  Railroad  Co.,  65  Iowa  152; 
Moore  v.  Railroad  Co.,  69  Iowa  491.     (Kentucky)  Rail- 
road Co.  V.  Vivion,  19  Ky.  Law  R.  687,  41  S.  W.  580. 
(Kansas)  Southern  K.  R.  Co.  v.  Walsh,  45  Kan.  653; 
Railroad  Co.  v.  Berry,  53  Kan.  112;  Werder  v.  The 
Railway,  62  Kan.  8G5.     (Maine)  Stephens  v.  European, 
etc.,  R.  Co.,  66  Me.  74;  Dunn  v.  The  Railway  Co.,  58 
Me.  187;  Edwards  v.  Lord,  49  Me.  279;  Libby  v.  Rail- 
road Co.,  85  Me.  34,  20  L.  R.  A.  812.     (Massachusetts) 
Fietal  v.  Middlesex,  etc.,  R.  Co.,  109  Mass.  398;  Wars 
V.  Gray,  11  Pick.  (Mass.)  106;  Ingalls  v.  Bills,  9  Wet. 
1.     (Maryland)  Baltimore,  etc.,  R.  Co.  v.  Worthington, 
21  Md.  275 ;  Railroad  Co.  v.  Swaun,  81  Md.  400 ;  Rail- 
road Co.  V.  Shivers,  Md.,   61   Atl.   618;  Philadelphia, 
etc.,  R.  Co.  v.  Allen,  Md.,  62  Atl.  245.      (Minnesota^ 
Eldridge,  etc.,  R.  Co.  v.  Minn.,  32  Minn.  253 ;  Johnson 
V.  Railroad  Co.,  11  Minn.  296;  Wilson  v.  Railroad  Co., 
31  Minn.  481 ;  Bendict  v.  Railroad  Co.,  86  Minn.  224. 
(Missouri)  Hepsley  v.  Kansas,  etc.,  R.  Co.,  88  Mo.  348; 
Furnish  v.  Missouri,  etc.,  R.  Co.,  102  Mo.  438;  Gilson 
v^  Railroad  Co.,  76  Mo.  282 ;  Dimsmuth  v.  Hannibal, 
etc.,  R.  Co.,  40  Mo.  App.  654 ;  Condy  v.  St.  Louis,  etc., 
R.  Co.,  88  Mo.  79;  Clark  v.  Railroad  Co.,  127  Mo.  197; 
Wilbur  V.  Railroad  Co.,  48  Mo.  App.  224;  Halland  v. 
Railroad  Co.,  105  Mo.  App.  117;  Goldsmith  v.  Burlong 
Co.,  Mo.  App.,  81  S.  W.  1112.     (Montana)  Tailion  v. 
Mears,  29  Mont.  161,  79  Pac.  421.     (Nebraska)  Spell- 
man  v.  Lincoln  R.  Transit  Co.,  36  Neb.  890;  Railroad 


Co.  V.  Wolfe,  61  Neb.  502,  86  Mo.  441 ;  Railroad  Co.  v. 
Hague,  48  Mo.  97,  66  Mo.  1000.  (New  York)  Brigi- 
noli  V.  Railroad  Co.,  4  Daily  (N.  Y.)  182;  Webster  v. 
Elmira,  etc.,  R.  Co.,  85  Hunn  167;  Bower  v.  New  York, 
etc.,  R.  Co.,  18  N.  Y.  408 ;  Brehn  v.  Great  Western  R. 
Co.,  34  Bart.  (N.  Y.)  286;  Holbrook  v.  Utica,  etc.,  R. 
Co.,  12  N.  Y.  236 ;  Curtis  v.  Rochester,  etc.,  R.  Co.,  18  N. 
Y.  534,  20  Bart.  282 ;  Seijbolt  v.  New  York,  etc.,  R.  Co., 
95  N.  Y.  562 ;  Edgerton  v.  New  York,  etc.,  R.  Co.,  39 
N.  Y.  227;  McPadden  v.  Railroad  Co.,  44  N.  Y.  478; 
Caldwell  v.  St.  Bt.  Co.,  47  N.  Y.  282 ;  Carroll  v.  Rail- 
road Co.,  58  N.  Y.  126.  (Ohio)  Cincinnati,  etc.,  R.  Co. 
V.  Kelsey,  9  Ohio  C.  C.  170.  (Oregon)  Budd  v.  United 
C.  Co.,  25  Ore.  314,  35  Pac.  660.  (Pennsylvania) 
Sullivan  v.  Philadelphia,  etc.,  R.  Co.,  30  Pa.  St.  234; 
Philadelphia,  etc.,  R.  Co.  v.  Anderson,  94  Pa.  St.  351 ; 
Meico  V.  Railroad  Co.,  64  Pa.  St.  225;  New  Jersey  R. 
R.  V.  Kennard,  20  Pa.  St.  203 ;  Swidly  v.  Railroad  Co., 
184  Pa.  St.  620,  39  Alt.  544.  (Rhode  Island)  Bos- 
worth  V.  Railroad  Co.,  25  R.  I.  202,  55  Alt.  490.  (South 
Carolina)  Zemp  v.  Wilmington,  etc.,  R.  Co.,  9  Rich. 
(S.  C.)  L.  84.  (Tennessee)  Railroad  Co.  v.  Kuhn,  107 
Tenn.  106,  64  S.  W.  202.  (Texas)  Railroad  Co.  v. 
Welsh,  86  Tex.  203,  24  S.  W.  390;  Texas,  etc.,  R.  Co. 
V.  Davidson,  3  Tex.  Civ.  App.  542,  20  S.  W.  68;  San 
Antonio,  etc.,  R.  Co.  v.  Long,  Tex.  C.  A.,  26  S.  W.  114; 
Railroad  Co.  v.  Brown,  16  Tex.  C.  A.  93,  40  S.  W.  608; 
Gary  v.  Railroad  Co.,  17  Tex.  C.  A.  129,  42  S.  W.  576; 
Huster,  etc.,  R.  Co.  v.  George,  1  Tex.  Ct.  Rep.  376,  60 
S.  W.  313;  Railroad  Co.  v.  Byers,  6  Tex.  Ct.  Eep.  36,  70 
S.  W.  558;  St.  John  v.  Railroad  Co.,  Tex.  Civ.  App., 

80  S.  W.  235;  Railroad  Co.  v.  Clark,  Tex.  Civ.  App., 

81  S.  W.  821 ;  Boyer  v.  Railroad  Co.,  Tex.  Civ.  App., 
86  S.  W.  936 ;  Missouri,  etc.,  R.  Co.  v.-  Wolfe,  Tex.  Civ. 
App.,  89  S.  W.  778;  St.  Louis,  etc.,  R.  Co.  v.  Parks, 
Tex.  Civ.  App.,  90  S.  W.  343.  (Virginia)  Baltimore, 
etc.,  R.  Co.  v.  Wightman,  29  Gratt  (Va.)  431;  Parish 
V.  Riegle,  11  Gratt  (Va.)  677;  Bait.  &  0.  R.  Go.  v. 
Noell,  22  Gratt  (Va.)  294.  (Washington)  Williams  v. 
Railroad  Co.,  39  Wash.  77,  80  Pac.  1100.  (West  Vir- 
ginia) Searle  v.  Railroad  Co.,  32  W.  Va.  370;  Fisher  v. 
Railroad  Co.,  39  W.  Va.  366,  193  E.  578.  (Wisconsin) 
Berry  v.  Railroad  Co.,  73  Wis.  197. 

Carrier  must  charge  demurrage.  An  interstate  car- 
rier cannot  neglect  charging  a  shipper  of  potatoes  for 
demurrage  when  the  delay  is  caused  by  the  shipper's 
stopping  his  cars  in  transit  on  account  of  excessively 
cold  weather  and  solely  to  prevent  injury  to  his  potatoes. 
L.  Starks  Co.  v.  Grand  Rapids  &  I.  Ry.  Co.  (1911), 
—  Mich.  — ,  131  N.  W.  Rep.  142. 

Demurrage  on  private  cars  and  tracks.  A  railroad 
may  charge  demurrage  on  private  cars  belonging  to 
an  industry  on  private  tracks  owned  by  the  industry, 
the  industry  doing  its  own  switching.  Procter  &  Gamble 
Co.  V.  United  States  (1911),  188  Fed.  Rep.  221  (Com- 
merce Court).  Same  case  below,  19  Interst.  Com.  Rep. 
556. 

Carrier  must  have  enough  cars.  It  is  the  duty  of  a 
carrier  to  have  sufficient  rolling  stock  to  meet  emer- 
gencies that  can  reasonably  be  anticipated.  Udall  Mill- 
ing Co.  V.  Atchison,  T.  &  S.  F.  Ry.  Co.  (1910),  82 
Kan.  256,  108  Pac.  Rep.  137. 

Reciprocal  demm-rage—Interstate  traffic.  Under  the 
Michigan  statute  held  that  the  Railroad  Commission  of 
Michigan  has  no  power  to  establish  demurrage  rules 
as  to  shipments  to  or  from  other  States,  its  power  in 
this  regard  being  in  terms  limited  by  the  statute  to 


208 


Natioxal  Association  of  Railway  Commissionees 


transportation  "between  points  within  this  State."  Ann 
Arbor  R.  Co.  v.  Michigan  Railroad  Commission  (1910), 
—  Mich.—,  127  N.  W.  Eep.  746,  17  Detroit  Legal 
News,  773. 

Order  abolishing  grade  crossings.  An  order  of  the 
Public  Service  Commission  doing  away  with  grade  cross- 
ings will  be  affirmed  where  no  abuse  of  discretion  is  ap- 
parent and  where  it  does  not  clearly  appear  to  be 
founded  upon  erroneous  principles  of  law.  In  re  N.  Y. 
Cent.  &  H.  R.  R.  Co.  (1910),  131  N.  Y.  Supp.,  524,  527, 
136  App.  Div.  (N.  Y.)  760. 

Abolishing  grade  crossings — Consequences.  It  is  no 
objection  to  an  order  abolishing  an  existing  grade 
crossing  that  it  will  necessitate  doing  away  with  many 
others  at  the  expense  of  the  railroad.  In  re  N.  Y.  Cent. 
&  H.  R.  R.  Go.  Appeal  of  Ossining  (1910),  121  N.  Y. 
Supp.  524,  528,  136  App.  Div.  (N.  Y.)   760. 

Through  routes  and  transfers.  Investigation  in  ref- 
erence to  street  railwavs,  through  routes  and  transfers. 
People  V.  Willcox  (1910),  198  K  Y.  433,  91  N.  E.  Eep. 
1102. 

Tariff — Commission  to  fix  rate.  A  State  has  the 
right  as  a  general  proposition  to  prescribe  the  com- 
pensation a  railroad  shall  receive  for  carrying  pas- 
sengers and  freight  within  its  borders ;  and  may  super- 
vise railroads  and  regulate  their  charges  through  a  com- 
mission.   Stone  V.  Natchez  R.  R.  Co.,  62  Miss.  646. 

Rates — Power  of  State  over.  While  interstate  com- 
merce and  the  instrumentalities  by  which  it  is  carried 
on  are  within  the  exclusive  control  of  Congress,  the 
domestic  commerce  of  a  State  and  the  facilities  by 
which  it  is  conducted  are  within  the  control  of  the 
State,  and  the  legislature  may  make  such  reasonable 
rules  governing  its  domestic  commerce  as  seem  best 
iitted  for  the  interest  of  its  citizens  provided  such  regu- 
lations do  not  burden  or  interfere  with  the  interstate 
icommerce  of  the  nation.  State  v.  Missouri  Pac.  Ry.  Co., 
115  N.  W.  614. 

State  railroad  commissions — Cannot  change  rates 
without  complaint  and  hearing.  An  order  of  the  rail- 
road commission  changing  freight  rates  on  commodities, 
is  void,  where  no  complaint  has  been  made  against  the 
existing  rates,  and  no  hearing  has  been  had  thereon. 
State  V.  Ry  Comm.,  100  Pac.  Eep.  987. 

Rate — Whether  confiscatory — How  determined.  In 
determining  whether  a  State  statute  regulating  rail- 
road rates  is  confiscatory  with  respect  to  a  given  railroad 
company  doing  both  interstate  and  intrastate  business, 
the  only  question  is  whether  its  earnings  under  such 
rates  from  its  intrastate  business  after  deducting  the 
expenses  properly  chargeable  thereto,  are  remunerative, 
taking  its  property  within  the  State  at  a  fair  valuation — 
and  its  earnings  from  interstate  or  outside  business  are 
immaterial. 

State  statutes  fixing  maximum  fares  and  rates  on 
shipments  on  railroads  between  points  within  the  State 
are  not  unconstitutional,  as  regulations  of  interstate 
commerce,  because  of  the  fact  that  between  certain 
cities  in  the  State  there  are  lines  of  road  lying  wholly 
within  the  State,  and  other  lines  which  run  in  part 
through  another  State,  and  by  long  established  custom 
and  from  the  necessities  of  competition  the  latter  are 
compelled  to  make  the  same  rates  as  the  former,  where 
the  statutes  have  not  been  construed  by  the  covarts  of 
the  State  to  directly  apply  to  the  interstate  lines.  St. 
Jj.  &  S.  F.  Ry.  Co.  V.  Hadley,  168  Fed.  Eep.  317. 


|l 


]l 


Rates — Enjoined  only  if  confiscatory.  The  courts 
will  enjoin  enforcement  of  a  rate  fixed  by  the  Interstate 
Commerce  Commission  only  upon  the  ground  that  it 
is  confiscatory  and  of  that  the  prooT  must  be  clear. 
Southern  Pac.  Co.  v.  Interstate  Commerce  Commissiaum 
(1910),  177  Fed.  Eep.  963.  ^| 

Rate  held  not  confiscatory.  A  rate  of  $3.50  per  ton 
for  a  haul  of  green  lumber  a  distance  of  about  600  miles, 
250  miles  of  which  was  of  severe  grades  and  curves,  was 
held  not  to  be  confiscatory.  The  railroad  had  volun- 
tarily established  a  rate  of  $3.10,  and,  after  the  traffic 
had  been  developed  to  great  proportions  and  the  coun- 
try considerably  built  up  by  reason  thereof,  the  rail- 
road increased  the  rate  to  $5.00  per  ton,  whereupon 
the  commission  fixed  H  at  $3.50  per  ton,  with  which  rate 
the  court  refused  to  interfere.  Southern  Pac.  Co.  v. 
Interstate  Commerce  Commission  (1910),  177  Fed.  Rer 
963. 

When  a  rate  is  confiscatory.  Eailroad  property,  pro 
erly  built  and  properly  managed,  is  entitled  to  earn  an 
annual  income  of  6  per  cent  on  its  fair  valuation,  and 
a  statute  fixing  rates  under  which  it  cannot  make  such 
income  is  confiscatory  and  unconstitutional.  St.  Louis 
&  S.  P.  Ry.  Co.  V.  Hadley,  168  Fed.  Eep.  317. 

Rates — Unreasonableness — Evidence.  In  a  suit  to 
set  aside  orders  of  a  railway  commission  fixing  rates,  the 
complaining  party  must  show  by  clear  and  satisfactory 
evidence  that  the  rates  complained  of  are  unreasonable 
and  unjust.  Ry.  Comm.  v.  Galveston  Cham,  of  Cont 
7nerce,  115  S.  W.  94.  ' 

Freight  and  passenger  traffic  separated.  In  determS 
ing  whether  the  passenger  rates  prescribed  by  statute 
were  unjust  as  to  a  particular  carrier,  the  passenger 
traffic  of  the  road  should  be  considered  as  a  separate 
and  independent  subject  from  the  freight  traffic.  Penn. 
Ry.  Go.  v.  Philadelphia  County,  220  Penn.  100,  68  Ati  j 
Eep.  676.  ,^  I 

Same — Rates.  A  particular  rate  on  a  specific  com- 
modity fixed  by  the  Kentucky  Eailway  Commission  wii 
not,  for  the  purpose  of  sustaining  its  validity,  be  sep- 
arated from  the  general  order  fixing  a  general  scheduk 
of  maximum  rates  for  all  commodities,  upon  all  rail 
roads,  to  and  from  all  points  within  the  State,  when 
the  specific  order  was  made  after  a  general  complain^ 
was  filed,  and  is  itself  a  general  order,  and  was  madt 
in  the  exercise  of  the  totally  unfounded  assumption  o: 
fWYtfer  under  the  act  to  make  a  general  tariff  of  rates 
Siler  V.  L.  &  N.  Ry.  Co.,  ,213  IT.  S.  175,  53  L.  Ed.  753 

Same.     It  is  not  a  ground  for  holding  State  regula 
tions  fixing  maximum  railroad  rates  invalid,  that  thej 
have  been  the  cause  of  the  discharge  of  a  large  numbe  • . 
of  railroad  employes,  and  that  fact  that  such  maximum 
rates    are    not    enforceable   as   to   particular   railroads, 
because  the  rates  as  applied  to  such  roads  are  not  com- 
pensatory, does  not  render  them   invalid  as  to  other 
roads.     St.  L.  &  S.  F.  Ry.  Go.  v.  Hadley,  169  Fed.  ' 
Sep.  317. 

Same.  An  order  of  the  railroad  commission  reducin::; 
the  rate  charged  by  a  carrier  for  picking  up  empties 
from  other  connecting  carriers,  hauling  them  to  a  gravel 
quarry,  and  returning  them  when  loaded,  is  not  in  viola- 
tion of  any  constitutional  provision.  Chi.,  I.  &  L.  Rn. 
Go.  v.  Ry.  Comm.,  87  N.  E.  1030. 

Railroad  commissioners — Freight  and  passenger  rates 
— Reasonableness — How  determined.  In  determining 
whether  rates  of  freight  and   passenger  tariflfs  estab- 


ii 


Digest  of  Decisions 


209 


lished  by  the  railroad  commissioners  for  railroad  trans- 
portation in  this  State  are  reasonable,  the  cost  of  con- 
struction should  not  be  deducted  from  the  estimated 
earnings  under  the  proposed  rates;  but  the  reasonabl* 
cost  of  construction  may  and  should  be  considered  in 
determining  the  fair  value  of  the  property  engaged  in 
transportation.  Railroad  Com'rs  &  Seaboard  Air  Line 
By.,  48  Fla.  Ig'Q.  (^ 

Classification — Bill  of  lading.  The  rule  permitting  a 
railroad  company  to  raise  the  classification  of  goods 
after  issuing  a  bill  of  lading  to  a  shipper  upon  the  false 
representation  of  their  character,  and  to  hold  the  goods 
at  their  destination  until  the  additional  charges  are 
paid,  does  not  apply  when  a  servant  of  the  company 
saw  the  car  being  loaded,  knew  the  character  of  the 
goods,  classified  them  and  issued  the  bill  of  lading. 
Illinois  C.  R.  Co.  v.  Seitz,  214  111.  351. 

Wrong  classification  hy  consignor.  When  the  con- 
signor falsely  represents  to  the  common  carrier  the 
character  of  the  goods,  and,  after  issuing  bill  of  lading, 
it  is  discovered  that  the  goods  are  of  entirely  different 
character,  the  carrier  may,  upon  discovering  the  fact, 
before  the  goods  are  delivered  to  consignor  at  the  place 
of  destination,  charge  the  excess  rate  and  hold  the  goods 
until  the  additional  charges  are  paid.  Smith  v.  Find- 
ley,  34  Kan.  316;  M.,  K.  &  T.  By.  Co.  v.  T.  C.  L. 
Co.,  1  Tex.  Civ.  App.  353. 

Railroad  commissioners — Rehilling  rates — Equality 
of  rates.  A  State  may  insist  upon  an  equality  of  rates, 
and,  although  a  State  may  not  compel  a  railroad  com- 
pany to  do  business  at  a  loss  and  even  though  the  com- 
pany may,  against  the  power  of  the  State,  establish  rates 
which  afford  reasonable  compensation,  if  it  voluntarily 
establishes  local  rates  for  some  shippers — even  though 
under  the  guise  of  a  rebilling  rate  on  interstate  ship- 
ments— it  cannot  resist  the  power  of  the  State  to  en- 
force the  same  rate  for  all  shippers,  or  claim  that  the 
rate  so  fixed  by  the  commissioners  acting  under  the 
authority  of  the  State  deprives  it  of  its  property  with- 
out due  process  of  law.  A.  &  V.  R.  R.  Co.  v.  Miss.  R. 
R.  Com.,  203  U.  S.  496;  R.  R.  Co.  v.  Miss.  R.  R.  Com., 
86  Miss.  667. 

State  railroad  commission — Interstate  commerce — 
Proportional  rate.  A  State  railroad  commission  is 
without  power  to  require  a  railroad  company  to  cancel 
and  abolish  proportional  tariffs,  which  apply  only  to 
interstate  or  foreign  shipments,  and  which  were  adopted 
with  the  approval  of  the  Interstate  Commerce  Commis- 
sion to -prohibit  the  company  from  permitting  export 
shipments  of  grain  to  be  stopped  in  transit  within  the 
State  for  cleaning,  grading,  etc.,  or  by  similar  order 
to  attempt  to  regulate  interstate  or  foreign  commerce. 
J.  Rosenbaum  Grain  Co.  v.  C.  &  R.  I.  Ry.  Co.,  130  Fed. 
46,  affirmed  130  Fed.  110. 

Railroad  commission — Regulate  rates — Use  of  leased 
railroad.  The  contracts  set  forth  in  the  statement  and 
opinion  under  which  the  Seaboard  Air  Line  Railway 
controls  and  operates  the  Florida  West  Shore  Railway 
gave  tlie  former  the  right,  license,  or  permission  to  op- 
erate "the  latter,  and  the  latter  is  in  use"  by  the  former 
and  operated  by  "it  under  such  a  contract  or  agreement" 
as  brings  it  within  this  meaning  of  the  railroad  com- 
mission law  of  Florida  (Acts  1884,  p.  76,  c.  4700), 
60  that  the  railroad  commissioners  have  power  under  sec- 
tion 6  (page  80)  of  that  law  to  make  reasonable  and 
just  rates  of  freight  and  passenger  traffic  to  be  observed 


by  the  former  in  the  operation  of  the  latter,  althougli 
under  the  terms  of  the  contracts  the  former  is  not  en- 
titled in  its  own  right  to  the  income  or  profits  of  the 
business.  State  ex  rel  Bailroad  Com'rs  et  al.  r.  Sea- 
board Air  Line  By.,  48  Fla.  129,  37  So.  Rep.  314,  3G 
Am.  &  Eng.  R.  Cas.,  N.  S.  266. 

Burden  on  carrier  to  show  unreasonableness  of  rates. 
The  rates  fixed  by  the  railway  commission  of  Michigan 
being  prima  facie  lawful  and  reasonable,  and  the  burden 
to  prove  the  contrary  being  on  the  railroad  companies 
contesting,  where  railroad  companies  whose  rates  were 
being  inquired  into  by  the  commission  were  given  a 
full  hearing,  but  offered  no  testimony  as  a  basis  for 
the  determination  of  just  rates  and  did  not  appeal  to 
the  commission  to  change  the  rates,  and  in  a  suit  in 
the  Circuit  Court  to  determine  the  validity  of  rates,  ad- 
mitted that  the  rates  fixed  were  not  confiscatory,  but 
afforded  some  remuneration  above  expenses,  the  court 
acted  properly  within  its  discretion  in  denying  a  pre- 
liminary injunction  restraining  the  commission  from 
enforcing  its  order  fixing  rates,  pending  suit.  Michigan 
C.  Ry.  Co.  V.  Murphy,  120  IST.  W.  1073. 

Elements  of  reasonableness  of  rates.  A  railroad  com- 
mission in  fixing  its  schedule  of  rates  may  consider  any 
economic  factor  which  may  influence  freight  transporta- 
tion, and  may  also  consider  the  natural  advantages  of 
localities,  and  may  justify  a  classification  of  commodity'' 
rate  in  localities,  excepting  rates  between  designated 
points  from  the  general  classification;  and  where  such 
exception  is  made  the  presumption  is  in  favor  of  the 
reasonableness  of  the  classification,  and  the  burden  is 
on  those  who  seek  to  prove  that  it  is  illegal.  Southern 
Ry.  Co.v.  At.  Stove  Wks..  57  S.  E.  429,  128  Ga.  207. 

Same.  Whether  a  rate  for  the  carriage  of  goods  and 
passengers  by  a  railroad  company  fixed  by  the  railroad 
commissioners  is  legal  depends  on  whether  it  is  reason- 
able and  just  or  unreasonable  and  confiscatory.  Hill  v. 
Wadley  S.  Ry.  Co.,  57  S.  E.  795,  128  Ga.  705. 

Reasonableness  of  rates.  To  ascertain  whether  the 
reduced  rates  would  be  harmful  or  beneficial,  the  court 
may,  in  case  of  doubt,  order  them  tested  by  actual 
operation;  but  such  experiments  are  never  justifiable 
where  the  facts  presented  show  only  a  moderate  income 
under  the  former  law  and  a  strong  probability  of  scant 
earnings  or  a  deficiency  under  the  reduced  rates.  The 
reasonableness  of  rates  must  be  based  on  the  value  of 
the  property  devoted  to  domestic  commerce,  without 
reference  to  the  value  of  the  property  devoted  to  inter- 
state commerce.  Seaboard  A.  L.  Ry.  Co.  v.  Bailroad  C. 
of  Alabama,  155  Fed.  Rep.  792. 

State  railroad  commission — Remedy  against.  A  car- 
rier may  present  any  objection  it  may  have  to  an  order 
of  the  Indiana  Railroad  Commission  reducing  a  rate 
charge,  in  an  action  commenced  in  the  Superior  Court 
pursuant  to  acts  1907,  p.  469,  c.  241,  section  6,  provid- 
ing that  any  carrier,  or  other  party,  dissatisfied  with  an 
order  of  the  commission,  may  witliin  thirty  days  begin 
an  action  against  the  commission  to  suspend  or  set  aside 
such  an  order.  Chicago,  I.  &  L.  R.  Co.  v.  Ry.  Comm^ 
—  Ind.  — ,  87  N".  E.  i030. 

Local  rates — -Practice — Evidence.  In  proceedings  be- 
fore a  railroad  commission  to  fix  local  freight  rates  on 
coal,  the  fact  that  the  coal  handled  by  the  petitioner 
is  interstate  traffic  does  not  affect  the  jurisdiction  of 
the  commission  to  fix  rates,  since  the  matter  in  con- 
troversy is  the  local  rate  and  not  a  particular  shipment. 
Southern  Ry.  Co.  v.  Hunt,  83  N.  E.  Rep.  721. 


210 


National  Associatiox  of  Eailway  Commissioners 


Courts — Reasonableness  of  rates — Absence  of  statutes. 
Certainly  the  courts  have  no  general  supervisory  author- 
ity over  the  question  of  freight  and  passenger  rates. 
Their  concern  in  the  matter  is  confined  to  cases  where 
the  question  of  "reasonable  rates"  is  raised;  railroad 
companies  as  common  carriers  are  limited  by  the  rules 
of  the  common  laws,  in  the  absence  of  any  statute,  to 
the  imposition  of  reasonable  rates  of  fare  and  toll.  On 
the  additional  ground  that  their  property  is  devoted  to 
public  use,  they  are  subject  to  the  like  limitation,  and 
their  use  of  the  property  is  subject  to  be  controlled  by 
the  public  for  the  common  good_,  within  limits  fixed  by 
the  constitution.  When  controversies  arise  inter  partes, 
the  court  judicially  determines  what  are  reasonable 
rates.  In  so  doing  they  follow  common-law  rules  in  the 
absence  of  statutes;  when  there  is  a  statute  the  court 
follows  the  rule  of  law  thus  prescribed.  When  the  stat- 
utes violate  the  constitution,  as  by  prescribing  rates 
so  low  as  to  be  unremunerative,  so  as  to  amount  to 
a  taking  of  property  without  compensation  or  without 
due  process  of  law,  the  courts  follow  the  constitution, 
disregarding  the  statutes.  Rariton  River  R.  R.  Co.  v. 
Traction  Co.,  70  N.  J.  L.  732,  744;  Munn  v.  III.,  94 
U.  S.  113,  162;  Ruggles  v.  Illinois,  108  F.  S.  526; 
Chicago,  etc.,  Ry.  Co.  v.  Iowa,  94  U.  S.  115,  162;  Peil 
V.  Chicago,  etc.,  Ry.  Co.,  94  U.  S.  164,  178 ;  Chicago. 
etc.,  Ry.  Co.  v.  Willman,  143  U.  S.  339.  Reagon  v. 
Farmers'  L.  &  T.  Co.,  154  IT.  S.  362,  397,  399;  St. 
Louis  &  S.  F.  Ry.  Co.  v.  Gill,  156  U.  S.  649;  Smyth 
r.  Amis,  169  II.  S.  466,  522. 

Enjoining  enforcement  of  rates.  Bill  by  a  railroad 
to  enjoin  the  enforcement  of  rates  fixed  by  th^  Oregon 
Railroad  Commission,  held  demurrable.  Oregon  R.  & 
Nav.  Co.  V.  Campbell  (1909),  173  Fed.  Eep.  957. 

Courts  cannot  revise  rates.  In  the  absence  of  a  statute 
conferring  the  authority  courts  have  no  power  to  revise 
rates  made  by  a  railroad  commission,  but  in  the  exer- 
cise of  their  equity  powers  they  may  enjoin  such  rates 
as  are  confiscatorj'  and  violative  of  the  feneral  and 
State  constitutions.  Gulf,  C.  &  S.  F.  R.  Co.  v.  Ry. 
Commission,  116  S.  W.  795. 

Rates — Affirmance  without  prejudice.  Where  a  State 
court  enjoins  a  railroad  from  continuing  to  violate  a 
State  statute  as  to  maximum  rates  for  the  carriage  of 
coal  and  the  U.  S.  Supreme  Court  is  not  satisfied  that 
the  rates  fixed  by  the  statute  are  confiscatory,  it  affirms 
the  judgment  of  the  State  court  without  prejudice  to  the 
right  of  the  railroad  to  reopen  the  case  if  at  any  time 
il  thinks  it  is  able  to  prove  that  the  statute  rates  are 
confiscatory.  Northern  Pacific  Ry.  v.  North  Dakota 
(1910),  216  U.  S.  579,  30  Sup.  Ct.  Rep.  423. 

Carrier  must  disclose  all  the  facts.  The  courts  will 
not  hold  a  rate  act  unconstitutional  as  taking  property 
without  due  process  of  law  without  the  fullest  disclosure 
of  all  the  facts  by  the  carrier.  Tucher  v.  Missouri  Pa- 
cific R.  Co.  (1910),  —  Kan.  — ,  108  Pac.  Rep.  89.  See 
also  Southern  Pac.  Co.  v.  Interstate  Commerce  Commis- 
sion (1910),  117  Fed.  Eep.  963. 

Transportation  for  advertising— Nebraska.  The  is- 
suance of  passes  to  a  newspaper  publisher  to  be  paid 
for  in  advertising  lield  to  be  prohibited  by  the  Nebraska 
Railway  Commission  act,  the  anti-pass  act  and  the  two- 
cent-fare  act.  State  v.  Union  Pac.  R.  Co.  (1910),  — 
Neb.  — ,  126  N.  W.  Rep.  859. 

Street  railway  fares.  The  Oregon  railroad  commission 
held  to  have  power  to  regulate  and  equalize  the  charges 


of  street  railways  for  transportation  between  Portland 
and  the  suburban  towns.  Portland  Ry.  Lt.  &  Power 
Co.  V.  Railroad  Commission  (1910),  —  Ore.  — ,  109 
.Pac.  Rep.  273,  105  Pac.  Rep.  709. 

Evidence  of  unreasonableness  of  orders.  Upon  a 
hearing  of  a  carrier  on  a  charge  of  violating  an  order  of 
a  railroad  commission  the  carrier  should  be  permitted  to 
introduce  evidence  tending  to  show  that  the  order  in 
question  is  unreasonable  and  unjust.  Atchison,  Topeka 
&  S.  F.  Ry.  Co.  V.  State  (1910^  —  Okl.  — ,  109  Pac. 
Eep.  218. 

Railroad  commission — Rates — Prima  facie  just. 
When  the  State  law  provides  that  rates  established  by 
the  railroad  commissioners  are  to  be  taken  in  all  court  ? 
as  prima  faciei  just  and  reasonable,  and  there  is  nothinj; 
in  the  record  from  which  a  reasonable  deduction  can  bo 
made  as  to  the  cost  of  transportation  or  the  amoun: 
transported  of  the  single  article  in  regard  to  which  an 
intrastate  rate  has  been  established  and  complained  of, 
the  United  States  Supreme  Court  will  not  disturb  thi' 
finding  of  the  highest  court  of  the  State  that  the  rat  ■ 
was  reasonable.  Atlantic  Coast  Line  R.  R.  Co.  v.  Fla.. 
203  U.  S.  256,  affirming  Atlantic  Coast  Line  R.  R.  Co. 
V.  Fla.,  48  Fla.  146. 

State — Equality  of  intrastate  rates.    A  State  may  in 
sist  upon  equality  of  intrastate  railroad  rates,  the  condi  • 
tions  being  the  same,  without  depriving  the  railroaii 
company  of  its  property  without  due  process  of  law. 
Seaboard  Air  Line  R.  R.  v.  Fla.,  203  U.  S.  260. 

Rates  and  Charges.  «  ' 

General  principles.  The  limitation  by  legislative  en- 
actment of  the  rate  of  charges  for  service  rendered  in  i 
public  employment,  or  for  the  use  of  property  in  whicli 
the  public  has  an  interest,  establishes  no  new  principle  i 
in  the  law,  but  only  gives  new  effect  to  the  old  one . 
Munn  V.  Illinois,  94  U.  S.  113. 

Railroad  companies  are  carriers  for  hire.  Engage  1 
in  public  employment  affecting  the  public  interest,  the  ' 
are  under  protection  by  their  charters,  subject  to  legif- 
lative  control  as  to  their  rates  of  fare  and  freight.  Chi- 
cago, Burlington  &  Quincy  R.  R.  v.  Iowa,  94  U.  S.  15f . 

The  legislature  of  the  State  of  Illinois  under  the  cor  - 
stitution  has  the  undoubted  power  to  prohibit  unjust 
discrimination  in  charges  for  the  transportation  of  pei  - 
sons  and  freights  by  railroad  whether  as  between  inc- 
viduals,  or  locations,  or  communities.  Illinois  Centre  I 
R.  Co.  V.  People,  120  111.  304;  Chicago  &  Alton  r. 
People,  67  111.  11;  Vincent  £  Chicago  £  Alton  R.  P. 
Co.,  49  111.  33;  People  v.  Chicago  &  Alton  R.  R.  Co., 
55  111.  Ill;  Chicago,  Burlington  &  Quincy  v.  Jone^, 
149  111.  361 ;  Chicago  &  N.  W.  v.  People,  56  111.  365. 

It  is  the  established  rule  that  States  may  regulale 
fares  of  railroads  within  their  territory,  based  upon 
their  domestic  commerce.  Commissioners  of  R.  R.  v.  Wa- 
bash R.  R.  Co.,  123  Mich.  669 ;  State  Rate  Tax  Case,  15 
Wall.  238;  Louisville  £  N.  R.  Co.  v.  R.  R.  Com.  of 
Tenn.,  19  Fed.  677;  Wabash,  etc.,  Ry.  Co.  v.  Illinois, 
118  U.  S.  557,  564;  Carton  v.  R.  R.  Co.,  59  Iowa,  148. 
A  rate  may  be  in  the  form  of  a  limited  ticket,  univer- 
sally used,  and  issued  at  a  low  rate,  and  held  not  to  be 
in  violation  of  California  Const,  act  12,  par.  20-21 ; 
Edson  V.  So.  Pacific  Railroad  Co.,  144  Cal.  IBS',  77  par. 
894. 

Railroad  charter — Legislative  powers.  The  Chicago 
&  North  Western  Ry.  Co.  was,  by  its  charter  and  the 


Digest  of  Decisions 


211 


charter  of  other  companies  consolidated  with  it,  author- 
ized "to  demand  and  receive  such  sum  or  sums  of  money 
for  the  transportation  of  persons  and  property,  and  for 
storage  of  property,  as  it  shall  deem  reasonable."  The 
constitution  of  Wisconsin  in  force  when  the  charter 
was  gi-anted  provides  that  all  "acts  for  the  creation  of 
corporations  within  the  State  may  be  altered  or  repealed 
by  the  legislature  at  any  time  after  their  passage."  The 
legislature  had  the  power  to  prescribe  a  maximum  of 
charge  to  be  made  by  said  company  for  transportation 
of  persons  or  property  within  the  State.  Peik  v.  C.  &  N. 
W.,  94  U.  S.  179;  Chicago,  M.  &  St.  P.  R.  Co.  v.  Ack- 
ley,  94  U.  S.  179. 

State  right  to  limit  amount  of  charges  by  railroad. 
The  right  of  a  State  to  limit  the  amount  of  charges  by 
a  railroad  company  for  the  transportation  of  persons  or 
property  within  its  jurisdiction,  cannot  be  granted  away 
by  its  legislature  unless  by  words  of  position  grant,  or 
words  equivalent  in  law.  A  statute  which  grants  a  rail- 
road company  the  right  from  time  to  time  to  fix,  regulate 
and  receive  the  toll  and  charges  by  it  to  be  received 
for  transportation  does  not  deprive  the  State  of  its 
power,  within  the  limits  of  its  general  authority,  as 
controlled  by  the  constitution  of  the  United  States,  to  act 
upon  the  charges  so  fixed  and  regulated.  Railroad  Com- 
mission Cases,  116  U.  S.  307;  Stone  et  al.  v.  III.  Cent 
Ry.  Co.,  116  U.  S.  347;  Stone  et  al  v.  N.  0.  &  N.  R 
Ry.  Co.,  116  U.  S.  353. 

Police  power — Commerce.  In  the  exercise  of  its  po- 
lice power  the  State  may  enact  laws  which,  though  they 
affect  commerce  between  the  States,  are  not  to  be  con- 
sidered regulations  of  that  commerce  within  the  mean- 
ing of  the  constitution  of  the  United  States.  Gulf,  C.  & 
S.  F.  Ry.  Co.  V.  Divyer,  75  Texas  572,  580;  Railroad 
Co.  V.  Fuller,  17  Wall.  560;  Smith  v.  Alabama,  124 
U.  S.  465. 

Finding  of  facts  by  commission  as  to  rates.  The 
power  to  determine  what  is  an  unjust  rate  and  charge 
and  the  extent  thereof,  and  to  prevent  unjust  discrim- 
ination carries  with  it  the  power  to  decide  what  is  a 
just  rate  and  charge,  and  authorize  the  board  of  trans- 
portation to  fix  just  and  reasonable  rates  and  charges. 
The  finding  of  facts  by  the  board  of  transportation, 
in  any  matter  submitted  to  it  for  determination  under 
the  statutes,  is  prima  facie  evidence  of  the  existence  of 
such  facts  and  of  the  reasonableness  of  an  order  made 
by  said  board  in  pursuance  thereof.  Nebraska  v.  Fre- 
mont E.  &  Mo.  R.  R.  Co.,  23  Neb.  313. 

Carrier  cannot  recover  additional  charges  on  freight 
shipped  too  low.  If  a  carrier  contracts  to  unlawfully 
discriminate  in  rate  by  classifying  the  freight  too  low 
and  accepts  the  goods  for  shipment,  it  is  not  entitled, 
after  the  goods  reach  their  destination,  to  demand  the 
additional  charges,  based  upon  proper  classification,  upon 
the  ground  that  its  act  in  making  the  discrimination 
was  unlawful.    III.  Central  Ry.  Co.  v.  Seitz,  214  HI.  350. 

Passenger  rates — Commission  vested  by  constitution 
of  Virginia  with  legislative  power.  In  the  opinion  of 
the  State  Corporation  Commission  of  Virginia  in  the 
proceedings  to  prescribe  a  maximum  passenger  rate  of 
two  cents  per  mile,  decided  by  the  commission  April 
87,  1907,  the  commission  said : 

"By  the  constitution  and  laws  of  Virginia,  the  State 
corporation  commission  is  vested  with  the  legislative 
authority  to  make  a  rate.  It  is  settled  by  statute  and 
by  adjudication  that  the  commission  has  the  right,  and 


is  constrained  by  the  provisions  of  our  constitution,  to 
pass  upon  the  judicial  question  of  whether  or  not  the 
rate  proposed  by  it  is  reasonable.  Under  the  terms  of 
the  constitution  of  Virginia,  full  provision  is  made 
for  notice  to  the  railroad  companies,  and  every  oppor- 
tunity is  given  to  test  before  the  commission  the  ques- 
tion of  the  reasonableness  of  the  proposed  rate.  There 
can  be  no  question  but  that  due  process  of  law  is  af- 
forded to  the  railroad  companies  under  the  procedure 
by  which  the  State  corporation  commission  is  bound, 
and  therefore  the  objection  sustained  in  Chicago,  Mil- 
waukee &  St.  Paul  Railroad  Company  v.  Minnesota, 
134  U.  S.  418,  does  not  apply  to  the  method  of  this 
commission  in  prescribing  and  putting  into  effect  a 
rate.  This  commission  is  required,  sitting  as  a  court, 
to  pass  upon  the  judicial  question  of  whether  or  not  the 
rate  proposed  by  it  is  reasonable,  and  from  its  judg- 
ment on  that  question  an  appeal  is  given  from  it,  as  a 
judicial  tribunal,  to  the  Supreme  Court  of  Appeals  of  the 
State.  We  are  required,  therefore,  to  determine  whether 
or  not  a  maximum  passenger  rate  of  two  cents  per  mile 
in  Virginia,  in  the  intrastate  business  of  the  railroads 
doing  business  in  the  State,  is  reasonable,  and,  if  not, 
what  maximum  passenger  rate  is  reasonable  as  to  all  of 
the  roads,  or  as  to  the  roads  placed  in  several  different 
classes.  We  must  endeavor  to  determine  briefly  what 
are  the  principles  by  which  the  reasonableness  of  a  rate 
is  to  be  judged,  and  what  the  term  reasonableness,  ap- 
plied to  rates,  means  as  a  judicial  question. 

Unreasonable  rate  defined.  "As  we  shall  see,  it  is 
somewhat  of  a  misconception  to  speak  of  the  rate  itself 
as  being  reasonable,  because  the  reasonableness  of  the 
rate  depends  in  the  end  upon  whether  or  not  the  rate  is 
so  unreasonably  low  as  to  constitute  a  violation  of  the 
rights  secured  to  the  railroad  by  the  fourteenth  amend- 
ment to  the  constitution  of  the  United  States.  . 

"Eeduced  to  its  proper  analysis,  the  defense  of  the 
railroad  companies  rests  upon  their  allegation  that  the 
maximum  rate  projx)sed  in  this  proceeding  would  so  re- 
duce their  earnings  as  to  deprive  them  of  a  reasonable 
income  from  their  property  without  just  compensation, 
and  that  to  so  deprive  them  of  a  reasonable  income 
without  compensation  is  to  deprive  them  of  due  process 
of  law  within  the  extended  meaning  of  that  term  as 
used  in  the  fourteenth  amendment;  and  that  they  are 
denied  the  equal  protection  of  the  laws  because  they 
are  deprived  of  a  reasonable  income  from  their  prop- 
erty without  compensation,  while  other  persons  receive 
compensation  for  property  appropriated  by  the  State. 
The  argument  is  that  to  deprive  the  railroad  of  a  rea- 
sonable income  from  its  property  is  the  same  as  taking 
property  itself,  and  this  would  seem  to  be  true.  An  un- 
reasonable rate  is  such  a  rate  as  is  calculated  to  reduce 
the  railroad's  earnings  below  the  point  of  reasonable- 
ness. The  term  reasonableness,  therefore,  in  the  end, 
applies  rather  to  the  earnings  of  the  railroad  than  to 
the  rate  itself.  Understood  as  above  stated,  it  is  very 
common  and  natural  to  speak  of  the  rate  itself  as  being 
reasonable  or  unreasonable,  and  is  a  short  method  of 
stating  the  question  as  to  whether  or  not  the  rate  will 
unreasonably  reduce  the  earnings  of  the  railroad  com- 
pany. 

-  "What  are  the  general  considerations  by  which  the 
commission  should  be  guided  in  determining,  from  the 
facts  before  it,  whether  or  not  a  maximum  passenger 
rate  of  two  cents  per  mile  will  unreasonably  reduce  the 
earnings  of  the  railroads,  and  so  take  their  property 


212 


National  Association  of  Eailway  Commissioners 


1 


without  just  compeusation,  and  deny  them  the  equal 
protection  of  the  laws. 

Question  controlled  by  decisions  of  the  federal  Su- 
preme Court.  "It  is  impossible  to  answer  this  question 
briefly,  and  it  is  equally  impossible  to  answer  it  clearly 
and  completely.  Being  a  question  arising  under  the 
constitution  of  the  United  States,  the  decisions  of  the 
Supreme  Court  of  the  United  States  should  be  looked  to 
as  controlling.  Quite  a  large  number  of  cases  have 
now  been  decided  by  that  supreme  tribunal  of  the  coun- 
try bearing  upon  the  reasonableness  or  confiscatory  na- 
ture of  rates  prescribed  by  State  legislatures,  or  by 
State  commissions.  A  rate  which  is  unreasonable  is 
often  termed  to  be  confiscatory,  because,  if  it  takes  the 
property  of  the  railroad  without  compensation,  it  is  in 
the  nature  of  confiscation.  While  the  doctrines  which 
should  control  and  guide  a  judicial  tribunal  in  passing 
upon  the  question  as  to  whether  a  proposed  rate  will 
reduce  the  earnings  of  a  railroad  unreasonably  cannot 
be  said  to  have  been  clearly  enunciated  and  well-settled, 
yet  the  Supreme  Court  of  the  United  States  has,  in  sev- 
eral cases,  been  called  upon  to  deal  directly  with  these 
doctrines.  Without  referring  to  all  of  the  cases  which 
have  been  before  that  tribunal,  we  think  it  may  be  said 
that  the  following  are  the  leading  cases  in  the  sense  that 
they  mark  the  several  stadia  in  the  development  of  these 
doctrines : 

"Chicago,  Milwaukee  &  St.  Paul  Railroad  v.  Min- 
nesota, 134  U.  S.  418;  Reagan  v.  Farmers'  Loan  and 
Trust  Company,  154  U.  S.  362;  Covington  and  Lex- 
ington Turnpike  Road  Company  v.  Sanford,  164  U.  S. 
578;  Smith  v.  Ames,  169  U.  S.  466;  San  Diego  Land 
and  Town  Company  v.  National  City,  174  U.  S.  739; 
Minneapolis  &  St.  Louis  Railroad  Company  v.  Minne- 
sota, 186  U.  S.  257. 

"These  cases  refer  to  the  intermediate  decisions  in 
Buch  a  way  as  to  give  a  very  fair  presentation  of  the 
progress  of  the  court-made  law,  and  of  the  present  con- 
dition of  the  doctrines  enunciated  by  the  court  on  these 
subjects. 

"From  the  cases  we  deduce  the  following  general 
principles : 

"1.  The  rate  enacted  by  the  legislature,  or  other- 
wise proposed  by  the  State,  stands,  as  other  legislation 
or  action  of  a  State,  as  valid  and  constitutional,  and 
hence  the  burden  is  upon  the  railroad  company  of 
showing  that  the  rate  so  enacted  or  proposed  will  reduce 
its  earnings  to  a  point  which  amounts  to  the  confisca- 
tion of  its  property,  or  to  the  taking  of  its  property 
without  compensation.  Atlantic  Coast  Line  Railroad 
V.  Florida,  293  U.  S.  256. 

"2.  The  railroad  company  may  show  that  the  pro- 
posed rate,  when  applied  to  its  business,  will  not  yield 
it  a  reasonable  return  on  the  fair  value  of  the  property 
used  in  the  services  for  which  the  rate  is  paid.  The 
return  or  profit  which  the  railroad  company  is  entitled 
to  must  not,  therefore,  be  reckoned  upon  the  capitaliza- 
tion of  the  company,  but  upon  the  reasonable  value,  or 
fair  value,  of  the  property  used  by  the  railroad  for  the 
public  convenience.  In  other  words,  in  considering  this 
question,  the  real  value  of  the  property  must  be  looked 
to,  and  not  a  fictitious  value  based  upon  the  issuance  of 
securities. 

"3.  The  Supreme  Court  of  the  United  States  has 
repeatedly  declared  that  the  railroad's  right  to  earnings 
must  also  be  limited  by  considerations  relative  to  the 


uv    ut 

s   )e| 
3  iff 


rights  of  the  public.  This  has  been  declared  in  nearly 
all  of  the  cases  above  named,  and  in  others.  It  is  held 
that  rates  must  be  just,  both  to  the  public  and  the  rail- 
road.   Thus,  in  the  Eeagan  cases,  it  was  stated : 

"  'It  is  unnecessary  to  decide,  and  we  do  not  wish  to 
be  understood  as  laying  down  as  an  absolute  rule,  that 
in  every  case  a  failure  to  produce  some  profit  to  those 
who  have  invested  their  money  in  the  building  of  a 
road  is  conclusive  that  the  tariff  is  unjust  and  unrea- 
sonable.' 

"Again,  Justice  Harlan,  speaking  for  the  court  in  the 
Smytli  case,  said,  with  reference  to  the  contention  that 
rates  ought  to  permit  the  paj-ment  of  dividends  as  well 
as  of  expenses : 

"  'In  our  opinion,  the  broad  proposition  advanced  by 
counsel  involves  some  misconception  of  the  relations  )e- 
tween  the  public  and  a  railroad  corporation,  is  unsound 
in  that  it  practically  excludes  from  consideration  ihe 
fair  value  of  the  property  used,  omits  altogether  any 
consideration  of  the  right  of  the  public  to"  be  exemp  'd 
from  unreasonable  exactions,  and  makes  the  intere-ta 
of  a  corporation  maintaining  a  public  highway  the  s  )le 
test  in  determining  whether  the  rates  established  by  or 
for  it  are  such  as  may  be  rightfully  prescribed  as  )6j 
tween  it  and  the  public' 

"The  court  in  other  cases  has  made  numerous  u( 
ances  to  the  same  effect. 

Economic  conditions.     "4.     Other  circumstances 
conditions  recognized  by  the  court  as  important  in    le- 
termining  the  reasonableness  of  a  rate,  or  of  a  railroa  I's 
income,  are  economic  in  their  nature,  as  they  pertain  to 
the  industrial  condition  of  the  country  through  wh  ch 
the  road  is  built,  and  other  such  considerations.    In    he 
Minnesota  case,  reported  in  186  U.  S.  268,  it  is  s  ig- 
gested  that  a  case  may  occur  in  which  the  condition  of 
the  country  is  such  that  rates  high  enough  to  pay  o]:  er- 
ating  expenses  would  be  exorbitant,  and  would  not  be 
justified.    While  this  statement  was  made  in  the  coi  rse 
of  the  opinion  in  a  general  way,  and  rather  as  ob  ter 
dictum,  it  shows  what  a  wide  scope  of  consideration    lie 
court  has  in  determining  questions  of  this  charac 
In  the  Eeagan  cases,  it  was  held' that  if  the  road    ><is 
unwisely  built  in  localities  where  there  is  not  suflSci  mt 
business  to  sustain  the  road,  the  public  are  entitle(   to 
reasonable  rates,  and  should  not  be  made  to  suffer  for 
the  bad  judgment  of  the  railroad  builders,   althoigh 
those  rates  may  not  yield  earnings  sufficient  to  remui  ler- 
ate  the  investors.     In  the  Covington  case,  it  was  1  eld 
that  although  the  competition  of  new  lines  may  recucc 
the  business  of  the  older  lines,  still  the  older  line  wc  \i\i\ 
not  be  justified  in  making  rates  unjust  to  shippers  and 
the  public,  but  must  be  content  with  smaller  earni  igs, 
In  the  Smyth  case,  the  court  was  called  upon  to  deter- 
mine the  reasonableness  of  a  proposed  general  fre  ghl 
schedule  or  tariff  of  rates.    The  opinion  of  the  court  is 
based  very  largely  upon  tabulated  statements  shovinj 
the  average  reduction  in  gross  earnings  which  would 
follow  from  an  application  of  the  proposed  new  freighi 
tariff  to  the  business  of  the  road  during  the  three  years 
preceding.    To  what  extent  the  court  had  before  it  tin 
facts  relative  to  the  economic  conditions  of  the  countr) 
and  probable  earnings  of  the  roads  in  the  future  doei 
not  appear.    It  would  rather  seem  that  the  evidence,  ii 
any,  on  these  questions  was  very  meager,  so  that  th< 
court   would  not  speculate  as  to  the  future. 

"The  case  this  commission  is  now  dealing  with  relatei 
altogether  to  a  general  maximum  passenger  rate,  whil( 


Digest  of  Decisions 


213 


in  the  Smyth  case  the  questions  dealt  with  by  the  court 
were  greatly  complicated  by  the  application  of  an  en- 
tirely new  freight  tariff  to  the  business  of  the  several 
roads  in  Minnesota.  It  is  clearly  shown  in  our  case 
that  a  reduction  in  passenger  rates  will  produce  increased 
travel,  so  that  the  application  of  the  proposed  maxi- 
mum passenger  rate  to  the  past  business  of  the  com- 
panies does  not  constitute  a  test  whidv"  absolutely  de- 
termines the  result  of  the  reduction  inHhe  maximum 
passenger  rate.  It  is  manifest  that  in  the  Smyth  case 
the  court  did  not  have  before  it  the  full  evidence  on  this 
point  which  has  been  adduced  before  the  commission. 
Increased  business  following  a  reduction  in  rates  is  a 
circumstance  which  necessarily  has  more  weight  in  con- 
eidering  a  passenger  rate  than  in  considering  a  system 
of  freight  rates;  while  freight  traffic  may  be  somewhat 
stimulated  by  a  reduction  of  rates,  yet  the  great  bulk 
of  it  is  controlled  by  general  industrial  conditions  which 
apply  with  a  less  degree  of  force  to  passenger  travel. 

Administration  of  road.  "5.  Another  matter  which 
is  allowed  consideration  is  the  character  of  the  adminis- 
tration of  the  road.  If  the  organization  and  operation 
of  the  road  has  not  been  businesslike  agd  economical 
and  fair,  the  company's  objection  to  the  rates  of  the 
legislature,  or  of  the  commission,  is  greatly  weakened. 
In  other  words,  all  the  expenditures  of  the  company 
of  every  character  charged  against  the  gross  earnings 
may  be  carefully  examined,  analyzed  and  criticized,  as 
well  as  all  the  items  coming  under  the  general  head 
of  operating  expenses.  In  the  Eeagan  cases,  it  was  de- 
clared that  if  there  has  been  waste  in  the  management 
of  the  road,  if  the  company  has  been  paying  enormous 
salaries,  or  has  been  indulging  in  unjust  discrimina- 
tions resulting  in  general  loss,  it  cannot  fairly  object  to 
a  reduction  in  its  rates.  In  the  Wcllman  case,  143  TJ. 
S.,  345,  the  court  declared  that  they  should  be  fully 
advised  as  to  what  had  been  done  with  the  earnings  of 
the  road,  'for  if  so  advised  it  might  clearly  appear  that 
a  prudent  and  honest  management  would,  even  under  the 
rates  prescribed,  secure  to  the  bondholders  their  interest, 
and  to  the  stockholders  reasonable  dividends.' 

"The  foregoing  are  some  of  the  leading  circumstances 
and  considerations  by  which  we  are  to  be  guided  in  de- 
termining what  maximum  passenger  rate  would  be  a 
reasonable  rate  to  apply  to  the  railroads  in  Virginia  in 
their  intrastate  traffic.  To  undertake  to  enumerate  in 
great  detail  all  the  principles  applicable  to  the  rate  cases 
as  enunciated  by  the  Supreme  Court  of  the  United  States 
would  require  a  most  elaborate  analysis  of  the  various 
eases  decided  by  that  court,  which  would  extend  this 
opinion  far  beyond  its  proper  limits.  While  reasonable- 
ness of  the  earnings  of  the  railroad,  which  constitutes 
the  crucial  test  in  determining  the  validity  of  the  pro- 
posed rate,  must  be  adjudged  by  the  principles  so  far  laid 
down  in  the  adjudications,  yet,  in  the  end,  each  case 
must  depend  upon  its  own  circumstances.  As  was 
stated  in  the  San  Diego  Land  and  Town  Company  case, 
quoting  from  the  Covington  ease : 

"  'Each  case  must  depend  upon  its  special  facts ;  and 
when  a  court,  without  assuming  itself  to  prescribe  rates, 
is  required  to  determine  whether  the  rates  prescribed  by 
'  the  legislature  for  a  corporation  controlling  a  public 
i  highway  are,  as  an  entire^,  so  unjust  as  to  destroy  the 
I  value  of  its  property  for  all  the  purposes  for  which  it 
I  was  acquired,  its  duty  is  to  take  into  consideration  the 
■  interests  both  of  the  public  and  of  the  owner  of  the 


property,  together  with  all  other  circumstances  that  are 
fairly  to  be  considered  in  determining  whether  the  legis- 
lature has,  under  the  guise  of  regulating  the  rates,  ex- 
ceeded its  constitutional  authority,  and  practically  de- 
prived the  owner  of  property  without  due  process  of 
law.' 

"The  commission  recognizes  clearly  the  general  prin- 
ciple established  in  Smyth  v.  Ames,  which  seems  to  be 
now  fairly  well  settled,  that  is,  that  the  railroad  com- 
pany is  entitled  to  a  fair  return  on  the  reasonable  value 
of  its 'property.  What  is  the  reasonable  value  of  the 
property,  upon  which  the  railroad  company  is  entitled 
to  the  fair  return  of  earnings,  is  to  be  determined  in 
the  light  of  the  general  considerations  above  mentioned, 
and  by  all  the  principles  so  far  laid  down  by  the  courts 
in  considering  these  questions.  In  Smyth  v.  Ames  it  is 
stated  that  in  determining  the  value  of  the  property 
used  in  the  service  of  the  public,  and  upon  which  a  re- 
turn is  to  be  estimated,  the  following  circumstances  may 
be  considered : 

"(1)  The  original  cost  of  construction,  (2)  the  pres- 
ent, as  compared  with  the  original  cost  of  construction, 

(3)  the  amount  expended  in  permanent  improvements, 

(4)  the  amount,  in  market  value,  of  the  stocks  and 
bonds  issued  by  the  corporation,  (5)  the  probable  earn- 
ing capacity  of  the  road  under  the  proposed  rates,  (6) 
the  amount  of  operating  expenses,  and  (7)  other  mat- 
ters which  may  be  properly  considered,  according  to  the 
facts  in  each  case. 

"The  last  consideration  amounts  to  saying  that  each 
case  must  be  judged  by  its  own  facts. 

"It  is  almost  certain  that  the  evidence  before  the 
commission  presents  every  possible  fact  and  considera- 
tion bearing  upon  the  reasonableness  of  a  maximum  pas- 
senger rate  of  two  cents  per  mile  more  fully  and  ex- 
tensively than  any  of  the  cases  which  have  been  before 
the  Supreme  Court  of  the  United  States.  After  listen- 
ing for  several  months  with  great  care  to  the  testimony 
adduced  before  the  commission,  and  upon  careful  scru- 
tiny of  all  facts  appearing  from  the  testimony,  the  tab- 
ulated statements  and  all  other  data  and  exhibits  filed 
before  the  commission,  we  are  of  opinion  that  it  will 
not  unreasonably  reduce  the  intrastate  earnings  of  rail- 
roads in  Virginia,  calculated  upon  a  proper  basis,  should 
the  commission  put  into  effect  a  maximum  passenger 
rate  less  than  the  prevailing  maximum  rate,  which,  as 
to  nearly  all  the  roads,  is  three  cents  per  mile. 

Investigation  of  commission.  "The  investigation  on 
which  the  conclusions  of  the  commission  are  based  was 
perhaps  the  most  extensive  and  exhaustive  in  its  scope 
of  any  yet  undertaken  by  rate-making  bodies.  The  rec- 
ord in  the  freight  rate  cases,  covering  several  thousand 
pages  of  typewritten  matter,  and  the  exhaustive  record 
in  the  passenger  rate  cases,  are  considered  together  iu 
so  far  as  either  of  these  records  throws  light  on  the  sub- 
ject before  us.  While  the  evidence  has  been  carefully 
considered  in  its  applicability  to  each  individual  com- 
pany and  its  peculiar  conditions,  regarded  separately, 
yet  we  do  not  deem  it  necessary  or  practicable  to  review 
all  the  evidence  with  the  same  detail  in  this  paper,  but 
will  herein  confine  ourselves  to  an  application  to  the 
evidence  of  those  general  principles  which  the  courts 
have  held  should  control  the  judgment  and  discretion 
of  a  rate-making  body,  deducing  therefrom  such  con- 
clusions as  are  fair,  just  and  reasonable  to  the  several 
groups  of  roads  and  dealing  separately  with  a  company 


214 


National  Associatiox  of  Railway  Commissioners 


only  when  some  peculiar  fact  or  condition  differentiates 
it  from  the  others  of  the  group  to  which  it  otherwise 
belongs. 

"Proceeding  along  this  line  we  recognize  not  only  the 
binding  forccj  but  the  justice  of  the  general  principle 
that  a  carrier  has  the  right  to  earn  its  operating  ex- 
penses, and  a  fair  return  upon  a  fair  value  of  the  prop- 
erty used  in  the  service.  In  order  to  reach  a  result  in 
this  case  which  shall  conform  to  this  principle,  a  num- 
ber of  facts  must  be,  as  far  as  possible,  ascertained  and 
determined,  among  the  most  important  of  which  are : 

"(1)  The  gross  earnings  of  the  carrier  on  all  its  Vir- 
ginia business,  both  interstate  and  intrastate;  (2)  the  ex- 
pense of  conducting  such  business;  (3)  the  gross  earn- 
ings derived  from  its  Virginia  intrastate  business;  (4) 
the  expense  of  conducting  such  purely  intrastate  Vir- 
ginia business;  (5)  the  fair  value  of  the  carrier's  prop- 
erty used  by  ii;  in  all  its  Virginia  business;  (6)  the  fair 
value  of  the  carrier's  property  used  by  it  in  its  intra- 
state Virginia  business;  (7)  a  fair  and  reasonable  mar- 
gin of  profit  which  the  carrier  should  be  allowed  to  earn 
upon  its  intrastate  Virginia  business. 

"It  is  manifestly  impossible  in  the  very  nature  of  the 
case  to  ascertain  exactly  any  one  (except  the  third)  of 
the  seven  matters  above  enumerated ;  but  the  testimony 
submitted  by  the  defendant  carriers  in  this  proceeding, 
and  the  facts  brought  out  in  cross-examination  by  mem- 
Ijers  of  the  commission  and  by  counsel  for  the  com- 
monwealth, enabled  all  those  matters  to  be  ascertained 
with  sufficient  practical  accuracy  for  the  purpose  of  this 
proceeding. 

"Taking  up  now  the  first  of  the  said  seven  principal 
matters  to  be  ascertained,  namely,  the  gross  earnings  of 
the  carrier  on  all  its  Virginia  business,  both  interstate 
and  intrastate,  it  will  be  found  that  the  evidence  sup- 
plying this  information,  with  reasonable  accuracy,  is 
furnished  not  only  by  tlie  testimony  of  witnesses"  ad-' 
duced  in  this  proceeding,  but  by  the  operating  reports 
of  the  several  companies  on  file  in  the  office  of  this  com- 
mission, and  which  are  inade  a  part  of  the  record  in 
these  proceedings. 

"The  establishment  of  the  second  principal  fact  above 
mentioned,  viz.,  the  expense  of  conducting  the  carrier's 
entire  Virginia  business — both  interstate  and  intrastate 
— has  been  attempted  by  all  the  roads  witli  varying  ac- 
curac}',  though  every  company  has  included  in  its  oper- 
ating expenses  items  which  are  not  properly  so  classified. 

"The  third  matter,  as  to  earnings  derived  from  all 
Virginia  intrastate  traffic,  has  been  satisfactorily  fixed, 
in  the  case  of  all  the  roads  appearing  in  this  proceeding 
by  the  testimony  and  statistics  in  the  evidence;  and 
some  of  the  roads  have  undertaken  to  state  separately 
their  earnings  from  intrastate  passengers  and  from  in- 
trastate freight. 

Expense  of  intrastate  business.  "We  proceed,  there- 
fore, without  difficulty  until  we  reach  the  fourth  princi- 
pal matter,  which  is  as  to  the  expense  of  conducting 
purely  intrastate  business,  freight,  mail,  express, '  pas- 
senger afid  miscellaneous.  A  great  mass  of  testimony 
was  submitted  by  several  of  the  carriers  in  an  effort  to 
show  that  the  cost  of  conducting  intrastate  business  was 
materially  greater  than  that  of  conducting  all  business, 
and  therefore  still  greater  than  that  of  conducting  in- 
terstate business.  Some  of  the  roads  claimed  that  this 
excess  of  expense  on  intrastate  business  was  not  less 
than  fifteen  per  cent  of  the  expense  of  conducting  all 
business  of  the  system;  others  claimed  that  it  cost  not 


I 


Qenc, 
bjo^ 


less  than  fifteen  cents  more  to  earn  a  dollar  on  intra- 
state traffic  than  on  interstate  traffic.  Some  of  the 
roads  claimed  that  the  excess  cost  was  greater  than  this. 
It  was  contended  on  behalf  of  the  roads  that  the  Su- 
preme Court  of  the  United  States  liad,  in  the  case  of 
Smyth  V.  Ames,  169  U.  S.  466,  established  as  a 
matter  of  law,  a  particular  ratio  between  the  cost  of 
different  kinds  of  railroad  business.  That  case,  how- 
ever, does  not  sustain  any  such  construction,  and  the 
evidence  in  this  case  fails  to  show  that  the  intrastate 
Virginia  business  of  the  railroads  yields  a  smaller  per- 
centage of  profit  than  does  their  interstate  business; 
and  the  commission,  upon  the  whole  evidence,  is  of 
opinion  that  it  is  not  so. 

"The  argument  advanced  in  support  of  the  opposing 
theory  is  largely  based  upon  the  assumption  that  local 
traffic  and  intrastate  traffic  are  interchangeable  terms; 
whereas,  as  a  matter  of  fact,  such  is  not  the  case,  bi.t, 
on  the  contrary,  a  large  amount  of  intrastate  traffic  is 
carried  by  what  might  be  termed  'through  movement,' 
while  a  large  amount  of  interstate  traffic  in  whole, 
in  part  by  what  might  be  termed  'local  movement.' 

"It  has  bean  held  by  the  railroad  commission  of 
eonsin,  after  an  exhaustive  investigation  of  the  subjo-i 
that  as  much  intrastate  traffic  is  carried  by  throuj'h" 
movement  in  that  State  as  is  carried  by  local  movemei  t, 
and  that  as  much  interstate  traffic  is  carried  by  local 
movement  as  by  through  movement.  The  evidence  ^ 
this  case  shows  that  the  same  is  very  largely  true  a^lj 
Virginia  traffic;  hence  we  conclude  that  any  evideai 
based  upon  the  theory  that  intrastate  traffic  is  appro:  iA 
mately  all  local,  or  that  interstate  traffic  is  appna  f 
mately  all  through,  is  necessarily  misleading.  *  I 

"We  find  that  a  large  amount  of  intrastate  passeng  !r" 
traffic  is  conducted  on  through  trains,  which  are  claim  d 
io  move  at  a  minimum  cost  per  passenger  per  mile.  T  'e 
find  also  that  a  considerable  volume  of  interstate  pas- 
senger traffic  is  conducted  on  local  trains,  which  are 
claimed  to  move  at  a  higher  cost  per  passenger  per  mi  e. 
From  these  and  other  considerations,  we  cannot  esca  )e 
the  conclusion  that  the  Virginia  intrastate  passenger 
traffic  of  each  road  involved  in  these  proceedings  is,  m 
the  aggregate,  fully  as  profitable,  in  proportion,  to  su  ;h 
road  as  is  its  interstate  passenger  traffic.  As  to  t  '^ 
mail  and  express  business  of  the  railroads  the  evidei 
is  clear,  and  from  the  natui-e  of  the  business  it  is  mai  ;- 
fest  that  the  local  mail  and  express  business,  so  far  as 
the  railroad  company  is  concerned,  costs  no  more  th  iii 
does  the  through  mail  and  express  business — the  ra"  es 
being  higher,  however,  on  local  than  on  the  through,  it 
follows  that  the  local  mail  and  express  business  of  tl 
roads  is  more  profitable  than  the  through. 

"Finally,  the  miscellaneous  earnings  of  the  road, 
sisting  chiefly  of  such  things  as  rentals,   demurrd 
switching,   etc.,    are   all   purely   local   and   not   stri| 
speaking,  items  of  transportation  at  all.  but,  in  the  : 
ter  of  profitableness,  this  branch  of  the  road's  busi 
is  the  same  whether  the  traffic  upon  or  in  connecti< 
with  which  it  is  performed,  is  local  or  through. 

"Having  seen  that,  all  things  considered,  the  profit- 
ableness of  intrastate  freight  traffic  in  Virginia  is  pro-, 
portionately  not  materially,  if  at  all,  less  than  that 
of  the  interstate  Virginia  traffic;  that  the  profit- 
ableness of  Virginia  intrastate  passenger,  mail,  express 
and  miscellaneous  business  is  proportionately  not  ma- 
terially, if  at  all,  less  than  that  of  interstate  Virginia 
passenger,  mail,  express  and  miscellaneous  business,  it 


Digest  of  Decisions 


215 


follows  that  the  profitableness  of  the  whole  Virginia 
intrastate  business  is  pi-oportionately  not  materially,  if 
&t  all,  less  than  that  of  the  whole  Virginia  interstate 
and  intrastate  business  combined.  .  .  .  The  report 
contains  tabulated  statements  of  the  earnings  of  the 
•different  railway  companies  in  Virginia.  After  review- 
ing same  the  commission  said : 

"These  amounts  are  based  upon  the  c(^panies'  own 
figures,  but  in  most,  if  not  in  all,  cases  it  appears  from 
the  evidence  that  many  thousands  of  dollars  included 
by  the  roads  in  these  operating  expenses  and  other  de- 
ductions from  gross  revenue  in  order  to  arrive  at  their 
net  revenue  as  they  report  it,  should  not,  for  the  pur- 
pose of  this  proceeding,  have  been  deducted  from  the 
gross  revenue.  And  the  commission  finds  from  the 
evidence  that,  as  a  matter  of  fact,  the  net  revenue  of 
each  road  is  more,  and  in  some  cases  very  considerably 
more,  than  that  reported  by  them  as  given  in  the  fore- 
going tables.  In  view,  however,  of  the  fact  that  even 
■the  roads'  own  reports  of  their  respective  net  revenues 
amply  justify  the  action  of  the  commission  in  this  pro- 
ceeding, the  commission  does  not  deem  it  necessary  in 
this  paper  to  discuss  or  point  out  the  extent  to  which  the 
real  net  revenues  of  the  several  roads  is  greater  than 
they  calculate  and  report  it. 

"Assuming,  for  the  moment  and  for  the  purpose  of 
comparison,  that  6  per  cent  is  an  adequate  net  return 
on  the  value  of  the  property  of  the  roads  above  enumer- 
ated, it  appears  that  this  rate  is  being  earned  by  the 
several  roads  on  the  following  valuations  per  mile,  re- 
spectively, stated  in  round  figures:  Norfolk  &  West- 
ern Eailway  Company,  6  per  cent  on  $98,000  per  mile ; 
Chesapeake  &  Ohio  Eailway  Company,  G  per  cent  on 
$82,000  per  mile;  Atlantic  Coast  Line  Eailroad  Com- 
pany, 6  per  cent  on  $85,000  per  mile;  Seaboard  Air 
Line  Eailway  Company,  6  per  cent  on  $63,000  per  mile ; 
Southern  Eailway  Company,  6  per  cent  on  $i5,000  per 
mile;  Eichmond,  Fredericksburg  &  Potomac  Eailroad 
Company,  6  per  cent  on  $127,000  per  mile;  Washing- 
ton-Southern Eailway  Company,  6  per  cent  on  $90,000 
per  mile;  New  York,  Philadelphia  &  Norfolk  Eail- 
road Company,  6  per  cent  on  $85,000  per  mile. 

"It  must  be  borne  in  mind  that  roadbed  and  track 
as  shown  in  miles  is  not  the  only  investment  of  these 
companies;  to  this,  chief  item  of  costs  must  be  added 
also  the  fair  value  of  equipment,  station  buildings, 
freight  depot  warehouses  and  terminals,  and  any  other 
items  of  property  which  are  necessarily  incident  to  con- 
ducting a  transportation  business.  It  is  difficult  to 
ascertain  the  exact  values  of  these  last  named  items, 
but  taking  the  assessed  value  of  these  items  for  taxable 
purposes  in  Virginia,  as  shown  by  the  records  of  this 
commission,  and  distributing  this  value  on  a  mileage 
basis,  it  is  found  that  it  only  represents  the  sum  of 
$3,314.75  per  mile  on  the  Southern  Eailway,  which  is 
the  only  road  in  the  group  which  is  on  an  earning 
basis  low  enough  to  be  possibly  affected  by  this  ques- 
ition. 

I  "The  law  as  laid  down  by  the  courts  requires  the  as- 
icertainment  of  some  value  of  the  property  as  a  basis 
.upon  which,  as  a  matter  of  constitutional  right,  the 
jcompany  is  entitled  to  earn  a  fair  return — in  any  event, 
let  least  so  far  as  that  can  be  done  with  reasonable  rates. 
The  law  must  contemplate  then  that  there  is  some  prac- 
ticable method  by  which  this  value  can  be  ascertained, 
and  this  commission  knows  of  no  better  or  more  reliable 


method  than  to  give  due  and  proper  consideration  and 
v>^eight  to  the  following  matters  among  others : 

"1.  The  original  cost  of  the  property  so  far  as  it  is 
shown.  2.  The  amount  of  the  capital  and  bonded 
debt  of  the  company  applicable  to  the  property  in  this 
State.  3.  The  market  value  of  such  stock  and  bonds. 
4.  The  cost  of  reproducing  the  property  anew  so  far 
as  it  is  shown.  5.  The  cost  of  reproducing  the  prop- 
erty in  its  present  condition  so  far  as  it  is  shown.  6. 
The  properly  as^ssed  value  of  the  property  for  purposes 
of  taxation.  7.  The  personal  knowledge  of  the  prop- 
erty by  the  commission. 

"No  one  of  these  considerations  should  control,  but 
due  weight  should  be  given  to  each.  That  some  are  en- 
titled to  much  more  weight  than  others  is  obvious,  and 
that  some  are  more  easily  ascertainable  than  others  is 
equally  obvious.  For  instance,  the  original  cost  of  a 
railroad  and  its  equipment  is  often  absolutely  unascer- 
tainable,  and  it  is  wholly  impracticable  to  ascertain  the 
cost  of  reproduction — either  anew  or  in  its  present  con- 
dition. Even  if  all  of  these  matters  were  known,  they 
could  not  safely  be  relied  upon  absolutely,  because  in 
many  cases,  particularly  in  this  State,  the  property  was 
acquired  by  the  present  owner  at  much  less  than  its 
original  cost  or  at  which  it  could  now  be  reproduced  in 
any  form.  .  .  .  The  commission  does  not  propose 
to  fix  for  each  road,  or  any  of  them,  the  least  sum  to 
which  they  could  be  restricted  as  a  basis  for  earning 
capacity,  without  transgressing  the  constitutional  limit 
of  confiscation.  As  to  how  far  this  side  of  that  limit  the 
regulation  should  stop  is,  in  the  opinion  of  the  commis- 
sion, a  matter  of  legislative  discretion  to  be  exercised 
by  it  as  it  deems  wisest  and  best  for  the  public  welfare, 
not  overlooking  the  fact  that  the  railroads  themselves 
and  the  holders  of  their  securities  are  a  part,  and  a  very 
important  part,  of  that  public. 

"The  commission,  therefore,  in  its  final  action  in 
these  proceedings,  has  been  guided  by  these  considera- 
tions and  has  decided  upon  the  reduction  in  the  maxi- 
mum limit  to  passenger  fares  which  it  orders  only  after 
assuring  itself  that,  even  if  such  reduction  is  not  fully 
compensated  by  the  consequential  increase  in  business, 
the  roads  will  still  be  left,  upon  their  intrastate  Vir- 
ginia business,  such  a  margin  of  profit  upon  any  fair 
value  of  the  property  employed  as  will  enable  their  busi- 
ness to  compare  favorably  in  profitableness  with  any  of 
the  large,  or  standard,  businesses  of  the  country,  and 
not  even  approach  anywhere  near  the  legal  limit  of 
confiscation. 

"But  the  commission  is  convinced  from  the  evidence 
in  these  proceedings  that  this  reduction  in  the  maxi- 
mum limit  of  passenger  fares,  when  put  into  effect  in 
good  faith  by  the  carriers,  will  not  result  in  such  a  loss 
of  revenue  as  would  first  appear  from  a  consideration 
of  the  difference  between  the  present  maximum  and  the 
one  proposed." 

Basic  principles  in  fixing  a  rate.  In  an  elaborate  and 
valuable  decision  the  railroad  commission  of  Wiscon- 
sin in  A.  E.  Buell  v.  Chicago,  M.  &  St.  P.  Ry.  Co.  No. 
34,  decided  February  16,  1907,  formulate  certain  rules 
and  suggestions  to  be  used  in  arriving  at  a  reasonable 
maximum  rate.  We  quote  from  the  syllabus  prepared 
by  the  commission,  and  it  will  be  noticed  the  com- 
mission fixed  the  rate  at  two  and  a  half  cents 
per  mile;  subsequently  the  legislature  of  Wisconsin 
passed  an  act  making  the  maximum  rate  two  cents 
per  mile. 


216 


National  Association  of  Railway  Commissioners 


"Complaint  involving  the  reasonableness  of  the  maxi- 
mnm  charge  for  carrying  passengers  between  points  in 
Wisconsin,  held  that  it  is  within  the  power  of  the  legis- 
lature to  enact  laws  establishing  reasonable  rates  of 
charge  for  the  carriage  of  freight  and  persons. 

Commission's  power.  "That  the  legislature  may  en- 
act a  general  law,  providing  that  all  rates  of  charge 
for  the  carriage  of  persons,  or  of  property,  shall  be  rea- 
sonable, and  prohibiting  unjust  or  extortionate  charges, 
and  may  delegate  to  an  administrative  body  created  by 
it,  the  power  to  ascertain  and  determine  the  fact,  as  to 
when  a  rate  is  unreasonable  and  to  substitute  a  reason- 
able one  therefor;  that  such  action  on  the  part  of  the 
legislature  does  not  constitute  a  delegation  of  the  legis- 
lative power  in  conflict  with  the  constitution,  and  that 
the  legislature  of  Wisconsin,  by  the  enactment  of  chap- 
ter 363,  laws  of  1905,  conferred  such  power  on  the  rail- 
road commission." 

Limitation.  "That  ordinarily  neither  a  legislature 
nor  a  commission  created  by  it  can  fix  rates  so  low  as 
to  deprive  the  carrier  of  the  right  to  earn  its  operating 
expenses  and  a  fair  return  on  the  reasonable  value  of  its 
investment,  as  such  action  would  be  violative  of  the 
fourteenth  amendment  to  the  constitution  of  the  United 
States,  and  the  validity  of  the  legislative-made  rates 
and  of  those  made  by  a  commission  duly  authorized  to 
make  them  stand  on  the  same  footing  before  the  courts." 

Net  earning  of  intrastate  traffic.  "That  neither  a 
State  legislature  nor  a  commission  can  exercise  any  rate 
regulative  control  over  interstate  commerce.  In  de- 
termining whether  an  intrastate  rate  is  reasonable,  or 
otherwise,  the  net  earnings  which  the  carrier  derives 
from  its  interstate  business  cannot  be  considered.  If 
the  net  earnings  of  the  intrastate  traffic  are  not  suffi- 
cient to  warrant  a  reduction  in  the  rate  or  rates  com- 
plained of,  it  is  immaterial  that  the  net  earnings  on  the 
entire  traffic,  intrastate  and  interstate,  would  be  suffi- 
cient to  justify  a  reduction." 

Basis  of  determining  rate.  "That  in  order  to  deter- 
mine whether  or  not  a  given  rate  is  excessive,  or  other- 
wise, it  is  necessary  to  ascertain:  (a)  The  reasonable 
value  of  the  property  of  the  carrier  as  a  basis  for  the 
allowance  of  income  for  investment,  (b)  To  make  an 
apportionment  to  the  State  of  its  proper  proportion  of 
the  earnings  and  operating  expenses  of  the  company. 
(c)  To  ascertain  what  portion  of  the  gross  earnings  for 
the  State  are  derived  from  intrastate  and  what  from  in- 
terstate traffic,  (d)  To  apportion  on  some  equitable 
basis  the  expenses  of  conducting  traffic  and  other  legiti- 
mate expenses  between  the  two  classes  of  traffic. 

"That  while  it  may  not  be  possible  to  make  a  separa- 
tion of  the  expense  of  conducting  passenger  business 
from  that  of  conducting  freight,  that  is  absolutely  cor- 
rect, a  separation  can  be  made  that  is  substantially  cor- 
rect for  all  practical  purposes.  Such  separation  is  dis- 
cussed and  made  in  the  opinion  herein. 

"That  each  branch  of  traffic  should  be  self-support- 
ing ;  that  it  is  important  to  the  people  of  the  State  that 
low  freight  rates  should  prevail  and  there  is  no  justifica- 
tion from  an  equitable  or  an  economical  standpoint  in 
weighting  the  freight  charges  with  any  portion  of  the 
burdens  of  the  passenger  traffic,  even  if  it  could  be  done 
without  violating  the  law. 

"The  earnings  and  financial  standing  of  the  company, 
the  apportionment  of  earnings  and  operating  expenses 
to  Wisconsin,  the  separation  of  the  earnings  and  ex- 


M  n- 
&  a 

'^1 


penses  of  doing  intrastate  from  interstate  business,  the' 
eeparation  of  the  expenses  of  conducting  freight  from 
passenger  business,  and  the  conclusions  reached  thereon, 
are  discussed  at  length  in  the  opinion. 

"That  the  law  requires  the  carrier  to  maintain  ade- 
quate passenger  service,  and  any  contemplated  reduc- 
tion in  rate  cannot  be  made  that  would  materially  im- 
pair such  service. 

"That  section  8  of  chapter  362,  Laws  of  1905,  ratifies 
the  wholesale  principle  as  applied  to  passenger  rates." 

Finding.  "That  on  the  facts  found,  the  present  max- 
imum rate  of  three  cents  per  mile,  for  intrastate  travel 
in  Wisconsin,  is  excessive,  and  the  same  should  be  re- 
duced to  two  and  one-half  cents  per  mile.  The  issu- 
ance of  a  five-hundred-mile  ticket,  good  for  the  pur- 
chaser or  any  member  of  his  family,  at  a  price  of  $10.00 
is  recommended."  Eep.  Virginia  Ry.  Com.,  Apr.  27^ 
1906.  ] 

Railroads — "Doing  business  in  this  State"  construecti 
The  words  "doing  business  in  this  State,"  used  in  sec- 
tion 6  of  the  act  relating  to  railroads  and  wareho  ise 
commissioners,  requiring  every  railroad  incorpora  ed 
or  doing  business  in  this  State  to  report  annually  to 
the  railroad  and  warehouse  commission,  means  dong 
the  business  or  character  of  business  for  which  the  ri  il- 
road  corporation  was  organized.  People  v.  Chicago  L. 
Ry.  Co.,  223  111.  581,  cititig  Bradbury  v.  W.  &  11'.  M  n- 
ing  Co.,  113  111.  App.  600;  Mandel  v.  Swan  L. 
Co.,  154  111.  177;  Harding  v.  Am.  Glucose  Co.,  IBS 
551. 

Same — Applies  to  roads  doing  interstate  busiiuss. 
The  railroad  and  warehouse  commission  act,  requir:  rig 
the  railroad  companies  to  make  an  annual  report  of  th  .'ir 
affairs  to  the  commission,  applies  to  all  railroad  cc  n- 
panies  doing  business  in  Illinois,  including  foreign  r.  il- 
road  companies  engaged  in  interstate  commerce.  A 
State  has  power  to  create  an  administration  board  a  ad 
invest  it  with  power  to  make  rules  and  regulations  p- 
plicable  to  all  railroad  corporations  doing  business  in 
the  State,  provided  such  rules  do  not  obstruct  or  h  n- 
der  interstate  commerce  nor  conflict  with  the  federal 
laws  upon  that  subject ;  and  an  act  requiring  all  vi  il- 
roads  doing  business  in  Illinois  to  make  an  annual  re- 
port to  the  railroad  commission  is  not  in  conflict  w  th 
the  provision  of  the  federal  constitution  nor  with  he 
federal  laws  governing  that  subject.  People  v.  C.  I. 
Ry.  Co.,  223  111.  581. 

State  commissioners — Powers — Amount  expcndea 
railroad  construction,  etc. — Employment  of  expert. — 
Salary  determination — Audit.  Section  2  of  the  ridl- 
road  commission  act  of  Washington,  Laws  of  1905,  p. 
145,  chap.  18,  provides  that  "said  commission  may  ip- 
point  a  secretary  at  not  more  than  two  thousand  dollars 
per  annum,  and  may  appoint  such  clerks  as  may  be  nec- 
essary, not  to  exceed  three  in  number,  at  a  salary  nol  to 
exceed  twelve  hundred  dollars  per  annum  each,  i.nd 
such  other  persons  as  experts  as  may  be  necessary  to  per- 
form the  duties  that  may  be  required  of  them  by  said 
act." 

Section  13  provides  that  the  commissioners  shall  as- 
certain as  early  as  practicable  the  amount  of  money  ex- 
pended in  the  construction  and  equipment  per  mile  of! 
every  railway  in  Washington,  the  amount  paid  the  offi-' 
cers  of  railroad  and  express  companies  for  salaries,  and| 
•wages  of  employes,  and  for  this  purpose  authorizes  thej 
employment  of  sworn  experts  to  make  the  inspections! 
and  assist  the  commissioners.    It  is  held  that  the  com-| 


com- 1 


Digest  of  Decisions 


2ir 


mission  had  authority  to  employ  experts  in  ascertain- 
ing the  cost  of  the  construction  of  railroads  and  to  fix 
the  salary  which  in  the  absence  of  fraud  could  not  be 
recovered  by  the  State  auditor  under  subdivision  1  of 
section  134,  Ballinger's  Ann.  Codes  &  St.,  authorizing 
the  auditors  to  audit,  adjust  and  settle  except  such  as 
may  be  audited  and  settled  by  other  officefs  or  persons. 
State  V.  Clausen,  87  Pac.  498. 

Commission's  duty  extends  to  public  health,  safety 
and  comfort.  The  railroad  commission  is  an  adminis- 
trative board  created  by  the  State  for  carrying  into  ef- 
fect the  will  of  the  State  as  expressed  by  its  legisla- 
tion. Railroad  Commission  Cases,  116  U.  S.  207;  Rea- 
jan  V.  Trust  Co.,  154  U.  S.  394.  The  conflicting  in- 
terests between  the  corporation  and  the  State  are  safe- 
guarded by  the  officers  of  the  former,  on  the  one  hand, 
ind  by  the  railroad  commission  on  the  other.  The 
power,  authority  and  duty  of  the  latter  are  not  limited 
merely  to  matters  affecting  the  public  safety  or  the  pub- 
lic health.  They  extend  also  to  matters  concerning 
public  comfort  and  public  convenience,  and  in  the  con- 
lideration  of  the  latter  subject  the  number  of  person? 
that  may  be  concerned  or  interested  in  some  particular 
matter  at  some  particular  point  enters  as  important  fac- 
tors in  determining  what  is  proper  to  be  done.  Mor- 
gan's La.  &  T.  R.&  S.  8.  Co.  v.  Railroad  Commission, 
109  La.  274. 

Railroad  commissioners — Rules — Constitutional  law 
—Presumptions.  Eules  and  regulations  made  by  the 
railroad  commissioners  to  prevent  unjust  discrimina- 
tions or  other  abuses  by  railroad  companies  are  by  law 
deemed  and  held  to  be  prima  facie  reasonable  and  just; 
and,  in  the  absence  of  a  showing  of  unreasonableness, 
the  enforcement  of  such  rules  and  regulations  against 
t  railroad  company  will  not,  in  itself,  be  a  taking  of 
property  without  due  process  of  law,  or  deprive  such 
railroad  company  of  the  equal  protection  of  the  laws. 

When  a  railroad  company  as  a  common  carrier  renders 
service  to  one  corporation,  so  as  to  enable  it  to  serve 
the  public,  and,  without  sufficient  excuse,  refuse  to  ren- 
der similar  service  to  another  corporation  lawfully  au- 
thorized to  likewise  serve  the  public,  it  is  an  unjust 
discrimination,  which  the  railroad  commissioners  have 
fhe  power,  under  the  constitution  and  laws  of  the  State, 
|to  make  just  and  reasonable  rules  and  regulations  to 
prevent.  State  ex  rel.  Ellis  v.  Atlantic  Coast  L.  R.  Co., 
41  So.  Rep.  705,  44  Am.  &  Eng.  R.^as.,  N.  S.  273. 

Presumption  of  law  favors  order  of  commission.  The 
■presumption  of  the  law  is  always  in  favor  of  the  main- 
.:enance  of  the  order  of  a  railroad  commission,  which 
ivill  not  be  set  aside  unless  flagrantly  in  violation  of 
;he  rights  of  the  railroad  company.  Railway  Co.  v.  Gill, 
156  TT.  S.  649,  3  L.  R.  A.  66 ;  Storrs  v.  Railroad  Co., 
39  Fla.  617;  People  v.  Board  of  Railroad  Com'rs,  53 
App.  Div.  61,  65,  N.  Y.  Supp.  597;  In  re  Auburn  & 
W.  R.  Co.,  37  App.  Div.  162,  55  N.  Y.  Supp.  895;  Ja- 
:obson  v.  Railroad  Co.  (Minn.),  74  N.  W.  893;  Stee- 
verson  v.  Railroad  Co.,  69  Minn.  353 ;  People  v.  Budd, 
^17  N.  Y.  25. 

1  Rates  presumed  reasonable.  The  presumption  is  that 
the  rates  fixed  bv  statute  are  reasonable.  State  v.  Bos- 
ton &  Maine  R.  Co.  (1909),  75  N".  H.  327,  74  Atl.  Rep. 
H2. 

Same.  When  upon  a  trial  of  an  issue,  whether  the 
mforcement  of  a  specific  rate  when  taken  in  connection 
vith  the  other  schedule  of  rates  enforced  by  the  railroad 


commission  would  result  in  depriving  a  railroad  com- 
pany of  its  property  without  due  process  of  law  and  of 
the  equal  protection  of  the  law,  it  is  shown  that  the 
domestic  business  alone  produces  a  net  earning  of  3  per 
cent  on  the  total  valuation  of  the  road  in  the  State, 
after  charging  against  such  earnings  the  whole  amount 
of  the  taxes,  and  there  is  no  proper  showing  whereby 
the  court  can  determine  what  proportion  of  the  total 
value  of  the  property  should  be  assigned  to  local  busi- 
ness, and  the  interstate  and  foreign  business  is  large, 
mandamus  will  issue  to  enforce  the  rate.  State  ex  rel. 
Ellis,  Atty.-Oenl.  et  al.  v.  Atlantic  Coast  Line  R.  Co., 
48  Fla.  150,  3?  So.  Rep.  658,  38  Am.  &  Eng.  R.  Cas., 
N.  S.  286. 

Mandamus — Return — Railroad  commissioners.  The 
return  to  an  alternative  writ  of  mandamus  seeking  to 
compel  a  railroad  company  to  put  into  effect  and  oper- 
ation a  schedule  of  rates  prescribed  for  it  by  the  rail- 
road commissioners,  which  alleges  positively  and  un- 
equivocally that  the  passenger  and  the  freight  tariffs 
prescribed  for  it  by  the  railroad  commissioners  are 
unreasonable,  and  that  they  do  not  give  to  the  company 
fair  and  reasonable  compensation  for  the  service  re- 
quired to  be  performed  by  it,  is  sufficient  to  tender  an 
issue  as  to  the  reasonableness  of  the  rates,  without  set- 
ting up  all  the  facts  bearing  upon  the  question  of  rea- 
sonableness, and  under  such  an  issue  any  and  every  fact 
pertinent  to  the  question  of  reasonableness  is  properly 
admissible.  State  ex  rel.  R.  R.  Com'rs  v.  Seaboard  Air 
Line  Co.,  48  Fla.  129,  37  So.  Rep.  314,  36  Am.  &  Eng. 
R.  Cas.,  N.  S.  266. 

Mandamus — State  affairs — Nature  of  duty.  A  man- 
damus proceeding  against  an  officer  under  the  statute 
presents  the  question  whether  the  duty  sought  to  be 
enforced  is  ministerial,  or  one  as  to  which  the  officer  is 
required  to  exercise  judgment  and  discretion.  State  ex 
rel.  Gillette  v.  Clausen,  Wash.,  87  Pac.  498;  State  ex 
rel.  Brown  v.  McQuade,  36  Wash.  579. 

Injunction  restraining  action  by  State  railroad  com- 
mission— Power  of  federal  court.  A  federal  court  where 
it  has  jurisdiction  by  reason  of  diverse  citizenship  of 
the  parties  and  the  federal  questions  involved,  has  power 
to  grant  an  injunction  to  restain  a  State  railroad  com- 
mission from  putting  in  force  an  order  the  effect  of 
which  would  cause  damages  to  complainants  for  which 
an  action  at  law  would  furnish  no  adequate  remedy. 
Railroad  Commission  of  Texas  v.  J.  Rosenbaum  Grain 
Co.,  130  Fed.  110;  citing:  Reagan  v.  Farmers'  L.  &  T. 
Co.,  154  U.  S.  363;  Smyth  v.  Ames,  169  U.  S.  466; 
Kerr  v.  City  of  New  Orleans,  126  Fed.  320 ;  Massio  v. 
Buclc,  128  Fed.  27. 

Injunction  —  Recurring  acts  —  Affirmative  relief. 
When  alleged  wrongful  and  discriminating  acts  of  a 
carrier  were  of  daily  recurrence,  and  their  continuance 
would  cause  further  and  irreparable  injury  to  com- 
plainant's business,  complainant  was  entitled  to  an  in- 
junction to  prevent  the  wrongs  complained  of,  and  to 
compel  the  carrier  to  perform  its  duty  to  complainant, 
without  discrimination,  as  provided  by  constitution, 
sections  213,  214.  Louisville,  etc.,  R.  Co.  v.  Central 
S.  Y.  Co.,  Ky.,  97  S.  W.  778. 

■ludgment — Conclusive  effect.  When  a  town  applies 
for  mandamus  to  compel  a  railroad  to  run  its  trains 
there,  and  the  writ  was  refused  on  the  ground  that  the 
company  was  in  the  hands  of  a  receiver  of  the  federal 
court,  such  refusal  did  not  render  the  matter  res  adjudi- 


218 


National  Associatiox  of  Railway  Commissioners 


cata,  so  as  to  preclude  action  as  to  the  same  matter,  after 
the  discharge  of  the  receiver,  before  the  corporation  com- 
mission. Winchester,  etc.,  R.  Co.  v.  Commonwealth, 
Va.,  55  S.  E.  692. 

Overcharges  defined— Excessive  charges — Recovery. 
Overcharges,  jurisdiction  of  action  to  recover  which  is 
given  to  federal  tribunals  ■  by  interstate  commerce  act, 
section  9,  are  such  as  grow  out  of  a  charge  in  excess  of  a 
cerrier's  rates  as  fixed  by  schedule  filed,  published  and 
posted,  as  required  by  section  6;  so  that  when  no  such 
schedule  has  been  posted,  and  the  overcharge  is  merely 
one  in  excess  of  the  rate  agreed  on  with  the  shipper, 
action  therefore  may  be  maintained  in  the  State  courts. 
Wabash  R.  Co.  v.  Sloop  (Mo.),  98  S.  W.  607. 

Citizenship  of  corporations — Effect  of  reincorporating 
in  another  State — Removal  of  causes.  Under  Code  of 
Laws,  S.  C.  1902,  section  2050  et  seq.,  which  authorizes 
either  the  merger  or  consolidation  of  a  railroad  com- 
pany of  the  State  with  another  company  of  the  State 
or  of  another  State  when  domesticated  in  the  State, 
and,  in  case  of  consolidation,  the  issuing  of  a  certificate 
or  charter  to  the  consolidated  company,  where  a  union 
of  two  such  companies  is  by  merger,  instead  of  consoli- 
dation, by  virtue  of  which  a  corporation  of  another 
State  absorbs  and  acquires  the  property  of  the  other, 
such  corporation  does  not,  by  applying  for  and  obtain- 
ing a  certificate  or  charter  of  consolidation,  become  a 
citizen  of  South  Carolina  for  the  purpose  of  the  juris- 
diction of  a  federal  court,  but  remains  a  citizen  of  the 
State  in  which  it  was  originally  incorporated,  although 
the  effect  is  to  make  it  a  domestic  corporation  of  the 
State  for  other  purposes.  Lee  v.  Atlantic,  etc.,  R.  Co., 
150  Fed.  775. 

Persons  entitled  to  sue  for  discrimination.  When 
alleged  arbitrary  and  discriminating  acts  of  a  carrier 
in  refusing  to  switch  and  deliver  stock  cars  to  a  con- 
necting carrier  for  transportation  to  complainant's  stock 
yards  operated  to  irreparably  injure  complainant's  busi- 
ness, and  such  acts  were  in  violation  of  constitution, 
sections  213,  214,  prohibiting  discrimination,  the  right 
to  sue  to  restrain  such  acts  was  not  limited  to  shippers 
of  live  stock  and  commission  merchants,  but  extended  to 
complainant  as  well.  Louisville,  etc.,  R.  Co.  v.  Central 
St.  Yd.  Co.  (Ky.),  97  S.  W.  778. 

Limitation — Fraudulent  concealment.  The  statute  of 
limitations  does  not  begin  to  run  against  the  claims 
of  a  shipper  to  recover  back  excessive  payments  of 
freight  charges  so  long  as  he  has  no  knowledge  of  his 
rights,  owing  to  the  fraudulent  concealment  of  -the 
cause  of  action  by  the  carrier.  Cook  v.  C,  R.  I.  &  P., 
81  Iowa  551,  9  L.  R.  A.  764. 

Evidence — Members  of  boards  exempt  from  cross-ex- 
amination. Members  of  commissions  and  similar  boards 
in  the  exercise  of  the  judicial  and  executive  functions 
vested  in  them  by  the  State  are  in  the  review  of  their 
findings  and  decisions  by  a  court  exempt  from  cross- 
examination  with  regard  to  the  forming  their  conclu- 
sion and  decision.  So  held  in  a  case  decided  by  the 
Supreme  Court  of  the  United  States,  wherein  certain 
railroad  corporations  attacked  assessments  made  by  a 
State  assessing  board  and  sought  to  enjoin  the  collec- 
tion of  taxes  based  thereon  beyond  a  sum  tendered, 
claiming  that,  induced  by  political  claims  and  fear,  the 
board  had  arbitrarily  fixed  excessive  valuations  and  had 
included  property  beyond  the  jurisdiction  of  the  State, 
thus  depriving  the  corporation  of  their  property  with- 


I 

tnSC: 


out  due  process  of  law.  The  board  after  declaring  tS 
it  had  taken  into  consideration  the  returns  furnished 
by  the  corporations  and  their  respective  stocks,  bonds, 
property,  and  earnings,  fixed  the  total  valuation  and 
average  mileage  value  of  property  in  the  State  and 
then  fixed  a  lower  value  for  assessment  purposes,  which 
the  corporations  claimed  was  arbitrary  and  excessive. 
In  the  opinion  Mr.  Justice  Holmes  said:  "The  mem- 
bers of  the  board  were  called  together  with  the  gov- 
ernor of  the  State,  and  submitted  to  an  elaborate  cross- 
examination  with  regard  to  the  operation  of  their  minds 
in  valuing  and  taxing  the  roads.  This  was  wholly  im- 
proper." Chicago,  B.  &  Q.  Ry.  Co.  v.  Babcock,  5!04 
U.  S.  585.  In  this  respect  the  case  does  not  diifer 
from  that  of  a  jury  or  an  umpire,  if  we  assume  tliat 
(he  members  of  the  board  were  not  entitled  to  the  pos- 
sible higher  immunities  of  a  judge.  Duke  of  Bucclei  ch 
v.  Metropolitan  Board  of  Works,  L.  R.  5,  H.  L.  418, 
433.  Jurymen  cannot  be  called  even  on  a  motion  'or 
a  new  trial  in  the  same  case  to  testify  to  the  mot:  on 
and  influence  that  led  to  their  verdict.  Mattox  v.  Uni- 
ted States,  146  U.  S.  140.  So  as  to  arbitrators.  Di  ke 
of  Bucclench  v.  Metropolitan  Board  of  Works,  L.  R. 
5,  H.  L.  418,  457,  462.  Similar  reasons  were  appl  ed 
to  a  judge  in  Feyerweather  v.  Ritch,  195  U.  S.  2  '6, 
306,  307.  A  multitude  of  cases  will  be  found  colleced 
in  4  Wigmore  on  Evidence,  sections  2348,  2349.  All  •  he 
after-repeated  reasons  for  the  rules  as  to  jurymen  ap;  ily 
with  redoubled  force  to  the  attempt,  by  exhibiting  on 
cross-examination  the  confusion  of  the  members'  min  Is, 
to  attack  in  another  proceeding  the  judgment  of  a  'ay 
tribunal,  which  is  intended,  so  far  as  may  be,  to  be 
final,  notwithstanding  mistakes  of  facts  or  law.  '  ee 
Coulter  V.  Louisville  &  N.  R.  R.  Co.,  196  U.  S.  5  '9, 
610;  Central  Pac.  R.  R.  Co.  v.  California,  162  U.  S. 
91,  107,  108,  117,  S.  C.  105,  California  576,  594;  St  te 
Railroad  Tax  Cases,  02  U.  S.  575 ;  Cleveland,  C,  C.  <& 
St.  Louis  Ry.  v.  Backus,  133  Ind.  513,  542.  In  Fai  go 
V.  Hart,  193  U.  S.  490,  496,  there  was  no  serious  cis- 
pute  as  to  what  was  the  principle  adopted.  C,  B.  &  Q. 
Ry.  Co.  V.  Babcock,  204  U.  S.  585. 

Record  of  proceedings — Commission.  Again  t  lis 
board  necessarily  kept  and  evidently  was  expected  by 
the  statute  to  keep  a  record.  That  was  the  best  evi- 
dence, at  least,  of  decisions  and  acts.  If  the  roads  1  ad 
wished  an  express  ruling  by  the  board  upon  the  ded ac- 
tions which  they  demanded,  they  could  have  asked  'or 
it  and  could  have  asked  to  have  the  action  of  the  bo!  rd 
or  its  refusal  to  act  noted  on  the  record.  It  would  be 
time  enough  to  offer  other  evidence,  when  such  a  re- 
quest had  been  made  and  refused.  See  Fargo  v.  Hcrt, 
193  U.  S.  490,  489;  Cleveland,  C,  C.  &  St.  Louis  Ry. 
Co.  V.  Backus,  133  Ind.  513,  542;  Havermayer  v.  Bocrd 
of  Review,  202  111.  446;  C,  B.  &  Q.  Ry.  Co.  v.  Babco  k. 
204  U.  S.  585.  _ 

Board  of  commission  had  right  to  tax  properfj^H 
State.  Again  it  was  said  that,  inasmuch  as  the  presiBnP 
Union  Pacific  Company,  a  Utah  corporation,  acquired 
the  road  by  foreclosure  of  a  mortgage  from  a  preceding 
corporation  chartered  by  the  United  States,  it  appeared 
from  admissions  in  testimony  or  followed  from  tlie 
board's  taxing  the  Nebraska  portion  of  the  road  as  a 
going  concern,  that  it  was  taxing  United  States  fran- 
chises, contrary  to  the  decision  in  California  v.  Central 
Pacific  R.  R.  Co.,  127  U.  S.  1.  .  .  .  It  does  not 
appear  that  the  present  Union  Pacific  has  any  United- 


Digest  of  Decisions 


219 


States  franchises  that  were  taxed,  and,  if  it  had  any 
that  were  considered  in  estimating  the  value  of  the  road, 
it  does  not  appear  that  they  were  considered  improp- 
erly under  the  later  decision  of  the  courts.  Central 
Pacific  R.  R.  Co.  v.  California,  162  U.  S.  91;  People  v. 
Central  Pacific  R.  R.  Co.,  105  Calif.  576,  590.  See 
Adams  Express  Company  v.  Ohio  Stat^  Auditor,  166 
U.  S.  185.  And  the  same  thing  may  be  said  as  to  the 
interstate  business  of  the  roads.  Adams  Express  Co.  v. 
Ohio  State  Auditor,  165  U.  S.  194,  S.  C.  166,  U.  S. 
185.  The  board  had  a  right  to  tax  all  the  property  in 
the  State  and  to  tax  it  at  its  value  as  an  organized  por- 
tion of  a  larger  whole.  Western  Union  Tel.  Co.  v. 
Gottlect,  190  U.  S.  412;  C,  B.  &  Q.  Ry.  Co.  v.  Bahcock, 
204  U.  S.  585. 

Reasons  why  commissioners'  findings  should  be  main- 
tained. In  overruling  the  appeal  Mr.  Justice  Holmes 
said:  "Various  arguments  were  addressed  to  us  upon 
matters  of  detail  which  would  afford  no  ground  for  in- 
terference by  the  court,  and  which  we  do  not  think 
it  necessary  to  state  at  length.  Among  them  is  the 
suggestion  of  arbitrariness  at  different  points,  such  a;* 
the  distribution  of  the  total  values  set  upon  the  Chicago, 
Burlington  &  Quincy  system,  among  the  different 
roads  making  it  up.  But  the  action  does  not  appear 
to  have  been  arbitrary  except  in  the  sense  in  which 
many  honest  and  sensible  judgments  are  so.  They  ex- 
press an  intuition  of  experience  which  outruns  analysis 
and  sums  up  many  unnamed  and  tangled  impressions; 
impressions  which  may  lie  beneath  consciousness  with- 
out losing  their  worth.  The  board  was  created  for  the 
purpose  of  using  its  judgment  and  its  knowledge.  State 
Railroad  Tax  Cases,  92  U.  S.  575 ;  State  v.  Savage,  65 
Neb.  714,  768,  769 ;  In  re  Cruger,  84  N.  Y.  619,  621 ; 
San  Jose  Gas  Co.  v.  January,  57  Calif.  614,  616. 
Within  its  jurisdiction,  except  as  we  have  said,  in  case 
of  fraud  or  clearly  shown  adoption  of  wrong  principles, 
it  is  the  ultimate  guardian  of  certain  rights.  The 
State  has  confided  those  rights  to  its  protection  and  has 
trusted  to  its  honor  and  capacity  as  it  confides  the  pro- 
tection of  other  social  relations  to  the  courts  of  law. 
Somewhere  there  must  be  an  end.  We  are  of  opinion 
that  whatever  ground  of  uneasiness  may  be  perceived 
nothing  has  been  proved  so  clearly  and  palpably  as  it 
should  be  proved  on  the  principles  laid  down  in  San 
Diego  Land  &  Town  Co.  v.  National  City,  174  U.  S. 
739,  754,  in  order  to  warrant  these  appeals  to  the  ex- 
tent of  ordinary  jurisdiction  of  the  Circuit  Court."  Chi- 
cago, B.  &  Q.  Ry.  Co.  V.  Babcock,  Treaswer  Adams, 
County,  Neb.,  204  U.  S.  585,  598. 

Bill  of  lading — Carrier  exempt  from  loss  by  fire. 
In  Can  v.  Texas  &  Pac.  Ry.  Co.,  194  U.  S.  427,  the 
court  held  that  while  primarily  the  responsibility  of  a 
common  carrier  is  that  expressed  by  the  common  law 
and  the  shipper  may  insist  upon  such  responsibility,  he 
may  consent  to  a  limitation  of  it,  and  so  long  as  there 
is  no  stipulation  for  an  exemption  which  is  not  just  and 
reasonable  in  the  eye  of  the  law,  the  carrier's  liability 
may  be  modified  by  contract.  Citing:  York  Co.  v.  Cen- 
tral R.  R.,  3  Wall.  107;  New  Jersey  Steam  Nav.  Co.  v. 
Merchants'  Bank,  6  How.  144;  Railroad  Co.  v.  Lock- 
wood,  17  Wall.  357 ;  Bank  of  Kentucky  v.  Adams  Ex.  Co., 
93  U.  S.  174.  It  is  not  necessary  that  an  alternative  con- 
tract be  presented  to  the  shipper  for  his  choice.  A  bill  of 
lading  is  a  contract  and  knowledge  of  its  contents  by  the 
shipper  will  be  presumed  and  a  provision  therein  against 
jliability  for  damages  by  fire  is  not  unjust  or  unreason- 
lable.    It  is  not  necessary  that  there  be  an  independent 


consideration  apart  from  that  expressed  in  the  bill  of 
lading  to  support  its  stipulations. 

For  an  instance  of  mandamus  to  enforce  obedience  to 
an  order  of  a  railroad  commission,  see  State  v.  Atlantic 
Coast  Line  R.  Co.  (1910),  59  Fla.  612,  52  So.  Eep.  4. 

Cumulative  remedies — Mandamus  and  specific  per- 
formance. In  New  Jersey  mandamus  or  specific  per- 
formance lies  to  compel  a  railroad  to  comply  with  an 
order  of  the  railroad  commission  requiring  it  to  rein- 
state a  passenger  station  which  it  had  discontinued. 
Board  of  R.  R.  Comm'rs  v.  Delaware,  L.  &  TF.  R.  Co. 
(1010),  —  N.  J.  — ,  76  Atl.  Eep.  236. 

Mandamus  to  compel  building  of  subway.  Mandamus 
may  issue  to  compel  a  street  railway  to  construct  a  sub- 
way crossing  under  the  tracks  of  a  steam  railroad  in 
accordance  with  an  order  of  the  Kansas  railroad  com- 
mission. The  city  is  not  a  necessary  party  to  such 
a  proceeding.  State  v.  Parsons  St.  Ry.  &  Elec.  Col 
(1909),  81  Kan.  430,  105  Pac.  Rep.  704. 

Compelling  through  routes  and  transfers.  Proceed- 
ing to  compel  street  railroads  to  establish  through  routes 
and  give  transfers.  People  v.  Willcox  (1910),  198  N. 
Y.  433,  91  N.  E.  Rep.  1102. 

Mandamus — Railroad  commissioners.     Mandamus  is 
the  remedy  provided  by  South  Carolina  Civ.  Code,  1902, 
section  2119,  to  enforce  a  decree  of  the  railroad  commis-f 
sion:    R.  R.  Com'rs  v.  Atlantic  C.  L.  R.  Co.,  So.  Car., 
50  S.  E.  Rep.  641,  40  Am.  &  Eng.  R.  Cas.,  N.  S.  505. 

In  C.  B.  &  Q.  Railroad  v.  Babcock,  204  U.  S.  585, 
two  railroad  companies  unsuccessfully  attacked  assess- 
ments made  by  a  State  assessing  board  and  sought  to 
enjoin  the  collection  of  taxes  based  thereon  beyond  a 
sum  tendered,  claiming  that,  induced  by  political  claims 
and  fear,  the  board  had  arbitrarily  fixed  excessive  valu- 
ations and  had  included  property  beyond  the  jurisdiction 
of  the  State,  thus  depriving  the  corporation  of  their 
property  without  due  process  of  law.  Held  that  the 
mental  processes  by  which  the  board  reached  its  con- 
clusion could  not  be  shown  by  cross-examination. 

Evidence — Record  of  proceedings — Best  evidence  of 
action  of  commission.  Where  a  board  is  required  by 
the  statute  to  keep  a  record,  that  is  the  best  evidence 
of  its  decisions  and  acts.  See  Fargo  v.  Hart,  193  U. 
S.  490,  489 ;  Cleveland,  C,  C.  &  St.  Louis  Ry.  Co.  v. 
Backus,  133  Ind.  513,  542;  Havermayer  v.  Board  of 
Review,  202  111.  446 ;  C,  B.  &  Q.  Ry.  Co.  v.  Babcock, 
204  U.  S.  585. 

Appeals — Effect  of  commissioners'  findings.  The 
board  was  created  for  the  purpose  of  using  its  judgment 
and  its  knowledge.  Within  its  jurisdiction,  except  in 
case  of  fraud  or  clearly  shown  adoption  of  wrong  prin- 
ciples, it  is  the  ultimate  guardian  of  certain  rights.  The 
State  has  confided  those  rights  to  its  protection  and  has 
trusted  to  its  honor  and  capacity  as  it  confides  the  pro- 
tection of  other  social  relations  to  the  courts  of  law. 
Somewhere  there  must  be  an  end.  Chicago,  B.  &  Q. 
Ry.  Co.  V.  Babcock,  Treasurer  Adams  County,  Neb., 
204  U.  S.  585,  598. 

Appeal  from  incomplete  order  of  commission.  Where 
an  appeal  was  taken  from  an  order  of  the  New  York 
public  service  commission  that  a  certain  highway  should 
cross  a  certain  railroad  on  a  viaduct  at  a  specified  height 
but  without  specifying  the  length  or  grades  thereof,  the 
New  York  Supreme  Court  said  that  they  might  decline 
to  consider  the  appeal  because  it  was  premature.  But 
they  affirmed  the  order.  In  re  Town  Bd.  of  Royalton 
^1910),  122  N.  Y.  Sup.  844. 


220 


National  Association  of  Railway  Commissioners 


Reasonableness  for  the  court.  The  reasonableness  of 
a  rule  adopted  by  a  railroad  commission  is  to  be  de- 
cided by  the  court  and  not  by  the  jury.  Southern  Ry. 
Co.  V.  Atlanta  Sand  &  Supply  Co.  (1910),  —  Ga.  — , 
68  S.  E.  Eep.  807. 

Order  prima  facie  valid.  Where  the  party  who  ap- 
peals from  a  rate  established  by  the  Oklahoma  corpora- 
tion commission  and  introduces  no  evidence,  and  there  is 
any  evidence  reasonably  tending  to  support  the  commis- 
sion's order,  the  order  will  be  affirmed.  Ft.  Smith  & 
W.  Ry.  Co.  V.  State  (1910),  —  Okl.  — ,  108  Pac.  Rep. 
407. 

Party  affected,  only,  can  appeal.  A  corporation  can- 
not maintain  its  appeal  from  an  order  of  a  railroad 
commission  that  does  not  affect  it.  Gulf  Coast  &  S.  F. 
Ry.  Co.  V.  State  (1910),  —  Okl.  — ,  110  Pac.  Rep.  651. 

Effect  of  removal  and  nonsuit.  Where  a  suit  for  per- 
sonal injuries  has  been  removed  to  the  federal  court  by 
the  defendant  railroad  and  is  dismissed  by  the  fedePal 
court,  it  may  be  begun  over  again  in  the  State  court. 
Southern  Ry.  Co.  v.  Miller  (1910),  217  U.  S.  209,  30 
Sup.  Ct.  Rep.  450. 

Presumption  of  correctness  applies  only  to  findings 
of  fact.  The  presumption  in  favor  of  an  order  of  a 
railroad  commission  applies  only  to  its  findings  of  fact. 
If  the  findings  of  fact  do  not  support  the  order,  the 
6rder  must  be  set  aside.  St.  Louis  &  S.  F.  By.  Co.  v. 
Newell  (1910),  —  Okl.  — ,  106  Pac.  Rep.  818. 

Certiorari  in  grade  crossing  case.  Certiorari  lies  to 
review  an  order  of  grade  crossing  commissioners  deny- 
ing compensation  to  abutting  property  owners.  In  re 
Grade  Crossing  Com'rs  of  Buffalo  (1910),  122  N.  Y. 
Supp.  922. 

Certiorari  to  review  commission's  order  as  to  stoch. 
Certiorari  to  review  order  of  public  service  commis- 
sion denying  application  of  an  electric  company  to  issue 
stock  and  bonds.  Order  reversed.  People  v.  Public 
Service  Commission  (1910),  122  N.  Y.  Supp.  641. 

A  railway  commission  statute  may  properly  provide 
that  upon  appeal  the  burden  should  be  upon  the  appel- 
lant to  show  by  clear  and  satisfactory  evidence  that  the 
order  of  the  railway  commission  appealed  from  is  un- 
reasonable and  unjust.  Chicago,  Rock  Island  &  P.  R. 
Co.  V.  Nebraska  State  Ry.  Commission  (1910),  85  Neb. 
818,  124  N.  W.  Rep.  477. 

The  person  upon  whose  information  or  petition  a 
State  railroad  commission  acts,  held  not  a  necessary 
party  to  an  appeal  from  the  order  entered  by  the  com- 
mission. North  Carolina  Corporation  Commission  r. 
Southern  Ry.  Co.  (1909),  151  N.  C.  447,  66  S.  E.  Rep. 
427. 

No  appeal  can  be  taken  from  acts  of  the  Oklahoma 
corporation  commission  where  provision  for  appeal  has 
not  been  made  in  the  constitution.  Thus  no  appeal  can 
be  taken  from  an  order  entered  by  the  commission  re- 
quiring railroads  to  make  immediate  reports  of  accident 
both  by  telegrams  and  bv  letter.  St.  Louis  &  S.  F.  Ry. 
Co.  V.  State  (1909),  —  Okl.  — ,  105  Pac.  Rep.  351; 
Atchison,  T.  &  S.  F.  Ry.  Co.  v.  StMe  (1909),  —  Okl.  — . 
105  Pac.  Rep.  352. 

Commission's  acts  subject  to  review.  Whether  the 
determination  of  the  board  of  railroad  commissioners 
as  to  the  necessity  for  a  railroad  is  administrative  or 
judicial,  the  power  of  the  Supreme  Court  to  review  its 
decision  has  been  exercised  for  so  long  a  time  that  it  is 
not  an  open  question.  In  re  Buffalo  Frontier  Terminal 
Ry.  Co.,  115  N.  Y.  S.  483. 


Certiorari — Return.  In  making  their  return 
writ  of  certiorai  a  railroad  commission  may  include  a 
transcript  of  all  evidence  taken  by  them  upon  ex-parte 
proceedings  upon  which  their  action  is  based.  People 
V.  Willcox  (1910),  198  N.  Y.  433,  91  N.  E.  Eep.  1102. 

State  employers'  liability  enactments.  It  is  competent 
for  a  State,  in  the  exercise  of  the  police  power,  to 
change  or  modify  the  rules  of  decision  determining 
the  liability  of  employers  to  their  employes,  as  applied 
to  particular  pursuits  or  callings,  and  that  legislation 
to  that  effect  is  not  obnoxious  to  the  fourteenth  amend- 
ment to  the  constitution  of  the  United  States,  if  all 
persons  brought  under  its  influence  are  treated  alilie 
under  similar  circumstances  and  conditions,  and  if,  with 
a  wide  legislative  discretion,  the  classification  is  practi- 
cal and  not  palpably  arbitrary.  In  other  words,  tie 
liability  of  those  in  particular  occupations,  as,  for  in- 
stance, railroad  companies,  for  injuries  to  their  em- 
ployes, is  a  proper  subject  for  governmental  regulation, 
and  a  State  may  make  such  reasonable  regulations  oi 
the  subject  with  respect  to  all  within  its  territorial  jur 
dictions  as  the  legislature  thereof  may  think  that  H 
public  welfare  demands,  subject  only  to  the  limitatior  8 
above  indicated.  But  as  to  interstate  commerce,  co 
gress  also  has  the  power  to  enact  such  legislatio 
that  while  the  power  of  congress  to  regulate  such  co| 
merce  is  plenary,  it  is  competent  for  the  States  to  pa 
such  legislation  until  congress  acts ;  and  that  such  Stal  e] 
legislation,  in  so  far  as  it  may  conflict  therewith,  mai-j 
yield  to  similar  legislation  by  congress  whenever 
chooses  to  exercise  its  power.  Mo.  Pac.  Ry.  Co. 
MacTcey,  127  IT.  S.  205 ;  M.  &  St.  L.  Ry.  Go.  v.  Eerril\ 
127  U.  S.  210;  McGuire  v.  C,  B.  &Q.  Ry.  Co.  (lowi 
108  N.  W.  902 ;  Tullis  v.  L.  E.  &  W.  R.  R.  Co.,  175 
S.  348;  Martin  v.  P.-&  L.  E.  R.  Co.,  203  U.  S.  28^ 
Pierce  v.  Van  Dusen,  78  Fed.  693,  24  C.  C.  A.  280,  6  91 
L.  R.  A.  705;  Kelley  v.  Gt.  Northern  Ry.  Co..  152  F&l 

211-  JJ 

State  power — Laws  designed  to  secure  safety.  Nf  tj 
withstanding  the  constitutional  authority  of  congress  '  ( 
regulate  interstate  and  foreign  commerce,  the  Stat 'a 
have  power  to  enact  laws  designed  to  secure  the  safety 
and  comfort  of  passengers,  employes,  persons  crossiig 
lailway  tracks  and  adjacent  property  owners,  and  'q 
make  other  regulations  intended  to  promote  the  welfa:'a? 
and  convenience  of  the  citizens,  although  in  their  oper  i* 
tion  such  laws  may  incidentally  affect  interstate  traffic: 
Atlantic  Coast  Line  Ry.  Co.  v.  Commonwealth,  102 
599,  46  S.  E.  911;  cited:  Lake  Shore  &  C.  R.  E,'- 
Ohio,  173  tr.  S.  285,  289;  Commonwealth  v.  Alger} 
Cush.  53,  85;  Cleveland,  etc.,  R.  Co.  v.  III.,  177  IT.  \H 
514,  516;  Smith  v.  Ala.,  124  U.  S.  465;  Nashville. l\ 
&  St.  L.  R.  Co.  V.  Ala.,  128  U.  S.  96;  Western  UrM 
Tel.  Co.  V.  Janus,  162  U.  S.  650;  Hennihgton  v.  CHl 
163  U.  S.  209;  Chicago  &  N.  W.  Co.  v.  Fuller.  17  WaiB 
560;  Louisville  S  N.  Ry.  v.  Ky.,  161  U.  S.  677;  m\ 
York,  N.  U.  &  E.  R.  v.  N.  Y.,  165  U.  S.  628;  Chicagi 
M.  &  St.  P.  Ry.  Co.  V.  Solon,  169  TJ.  S.  I'oi ;  Richmond 
S  A.  Ry.  V.  R.  A.  Patterson  T.  Co.,  169  U.  S.  311. 

Appliances — Latent  defect — Liability  for  defects  in 
cars.  A  railway  company  is  responsible  for  defects  in  its 
cars  which  could  not  have  been  discovered  after  the  car 
came  into  its  possession,  but  could  have  been  discovered 
by  the  exercise  of  the  utmost  care,  precaution  and  skill  in 
their  construction.  Siemoen  v.  Oakland  S.  L.  &  H. 
Electric  Ry.,  134  Cal.  494,  66  Pac.  R.  672,  23  Am.  & 
Eng.  R.  Cas.,  N.  S.  564. 


41 


Digest  of  Decisions 


221 


It  is  said  by  Shearman  and  Eedfiold,  section  497,  in 
their  work  on  negligence:  "Whether  he  (defendant)  is 
responsible  for  defects  which  could  not  have  been  thus 
discovered,  after  the  vehicle  came  into  his  possesion, 
but  could  have  been  discovered  by  the  use  of  such 
tests  during  the  process  of  manufacturing,  is  a  question 
upon  which  there  is  a  difference  of  (opinion;  in  New 
York  it  has  been  distinctly  held  that  ne  is.  It  was  so 
held  in  England  many  years  ago,  but  in  later  cases  the 
question  has  been  purposely  left  open.  In  Massachusetts 
and  Scotland  it  is  held  that  he  is  not.  Of  the  New 
York  cases  bearing  upon  this  question  may  be  cited 
Eegerman  v.  Railroad  Corp.,  13  N.  Y.  9,  64  Am.  Dec. 
517;  Alden  v.  Railway  Co.,  26  N.  Y.  102,  82  Am.  Dec. 
401 ;  Birmingham  v.  Railroad  Co.,  69  Hun.  538,  14  N. 
Y.  Supp.  13." 

Automatic  couplers — Constitutionality  of  federal  stat- 
utes— Judicial  notice.  The  provision  of  act  of  congress 
March  2,  1893,  c.  196,  27  Stat.  531,  U.  S.  Comp.  St. 
1901,  p.  3174,  that  a  common  carrier  engaged  in  inter- 
state commerce  which  fails  to  equip  its  cars  with  auto- 
matic couplers,  as  required  therein,  shall  not  avail  itself, 
against  an  employe  injured  by  such  failure,  of  the 
doctrine  of  assumption  of  risk,  is  within  the  power  of 
congress. 

Whether  a  car  was  being  used  in  interstate  commerce 
at  the  time  the  employe  was  injured  in  coupling  it  to 
an  engine,  so  as  to  bring  the  case  within  the  act  of  con- 
gress requiring  cars  so  used  to  be  equipped  with  auto- 
matic couplers,  is  under  the  evidence  a  question  for  the 
jury. 

State  courts  take  judicial  notice  of  a  general  statute 
of  the  United  States,  so  that  it  is  enough  for  a  com- 
plaint to  aver  a  state  of  facts  showing  liability  there- 
under. Kansas  City,  M.  &  B.  R.  Co.  v.  Flipps,  35  So. 
Rep.  457,  35  Am.  &  Eng.  E.  Cas.,  H.  S.  486. 

A  State  may  inspect  articles  received  through  inter- 
state commerce,  to  determine  whether  or  not  they  are 
fit  for  consumption.  Armour  v.  Augusta  (1910),  —  Ga. 
— ,  67  S.  E.  Rep.  417,  420. 

A  city  ordinance  which  requires  an  inspector  to  visit 
daily  all  packing  houses  receiving  meat  from  other  States 
and  inspect  all  meats  received  by  them,  to  inspect  all 
bills  of  lading  in  order  to  determine  how  long  such  meats 
were  in  transit  and  whether  they  were  iced  during 
transit  or  not  and  requiring  such  packing  houses  to  pay 
license  fees,  when  there  was  no  such  inspection  of  local 
butchers,  held  unreasonable  and  discriminatory  and  void. 
Armour  v.  Augusta  (1910),  —  Ga.  — ,  67  S.  E.  Rep. 
417. 

State  control — Concurrent  powers — Safety  appliances. 
The  acts  of  congress  legislating  on  safety  appliances  and 
other  means  to  promote  the  safety  of  freight  trains  en- 
gaged in  commerce  does  not  exclude  the  state  from  en- 
acting laws  regulating  the  operating  of  freight  trains 
and  their  crews.  C,  R.  I.  &  P.  Ry.  Co.  v.  State,  86 
Ark.  412;  111  S.  W.  456. 

State  regulations — Prescribing  number  of  employes. 
The  Indiana  statute  (acts  1907,  p.  18,  c.  11)  providing 
the  number  and  character  of  employes  to  be  carried  on 
trains  operated  within  the  State,  does  not  relate  to 
a  subject  over  which  congress  is  invested  with  exclusive 
powers  to  legislate,  and  lience  the  failure  of  congress 
to  pass  any  law  on  the  subject  did  not  prohibit  the 
States  from  passing  proper  legislation  thereon. 

A  State  statute  requiring  all  trains  to  have  a  certain 


num'ber  of  operatives  in  accordance  with  the  character  of 
the  train  applies  only  to  the  operation  of  railroad  trains 
within  the  State.  P.,  C,  C.  &  St.  L.  R.  Co.  v.  State, 
87  N.  E.  1034. 

Regulation  of  Public  Warehouses 

State  regulation  of  warehouses.  When  warehouses 
are  situated  and  their  business  carried  on  exclusively 
within  a  State,  she  may,  as  a  matter  of  domestic  con- 
cern, prescribe  regulations  for  them,  notwithstanding 
they  are  used  by  those  engaged  in  interstate,  as  well 
as  in  State  commerce,  and  until  Congress  acts  in  ref- 
erence to  their  interstate  relation  such  regulation  can 
be  enforced,  even  though  they  may  indirectly  operate 
upon  commerce  beyond  her  immediate  jurisdiction. 
Munn  V.  Illinois,  94  TJ.  S.  114. 

Warehouse — Original  package.  In  the  absence  of 
congressional  legislation  goods  moving  in  interstate  com- 
merce cease  to  be  such  commerce  only  after  delivery 
and  sale  in  the  original  package.  Heyman  v.  So.  Ry. 
Co.,  203  U.  S.  270. 

Same.  The  word  "arrival"  as  used  in  the  Wilson  law 
means  delivery  of  the  goods  to  the  consignee,  and  not 
merely  reaching  their  destination,  and  expressions  to 
that  effect  in  Rhodes  v.  Iowa,  170  TJ.  S.  412,  are  not 
obiter.    Heyman  v.  So.  Pac.  Ry.  Co.,  203  U.  S.  270. 

Same.  The  power  of  a  State  over  liquor  from  other 
States  in  original  packages  after  delivery  and  before 
sale,  given  by  the  Wilson  law,  does  not  attach  before 
notice  and  expiration  of  a  reasonable  time  for  the 
consignee  to  receive  the  goods  from  the  carrier,  and  the 
mle  is  not  affected  by  the  fact  that  under  the  State 
law  the  carrier's  liability  as  such  may  have  ceased  and 
become  that  a  warehouseman.  Heyman  v.  So.  Ry. 
Co.,  203  U.  S.  270;  Heyman  v.  So.  Ry.  Co.,  118  Ga. 
616,  affirmed. 

Wai-ehouses  are  public  agencies — Cannot  buy  or  sell 
grain  through  own  warehouse.  Warehouses  established 
under  the  act  of  1871  are  public  agencies,  and  the 
proprietors  thereof,  as  licensees,  pursue  a  public  em- 
ployment, which  public  policy  forbids  shall  be  so  con- 
ducted as  to  expose  them  to  the  temptation  of  securing 
their  personal  interests  at  the  expense  of  their  duty  to 
the  public. 

A  public  warehouseman  has  no  right  under  the  act 
to  buy  and  store  his  own  grain,  issuing  his  own  ware- 
house receipts  to  himself  as  an  individual,  and  buying 
and  selling  through  his  own  warehouse,  as  such  a  course 
is  inconsistent  with  the  full  and  impartial  performance 
of  his  duty  to  the  public.  A  stockholder  in  a  public 
warehouse  cannot  use  the  property  to  carry  on  his  in- 
dividual business  as  a  grain  dealer.  Central  Elevator  Co. 
V.  People,  174  111.  204;  Hannah  v.  People,  198  111.  77. 

Commissioners'  power  to  fix  charge  for  inspection. 
The  authority  granted  by  the  legislature  to  the  rail- 
road and  warehouse  commission  to  fix  the  rate  of 
charges  for  the  inspection  of  grain,  and  compensation 
of  officers,  is  properlv  delegated.  People  v.  Harper,  91 
111.  357. 

Police  power.  The  conduct  of  public  warehouses  is 
a  proper  subject  for  police  regulation.  Munn  v.  People, 
69  111.  80. 

Public  warehouses — What  constitutes.  Public  ware- 
houses are  those  which  receive  grain  or  property  in  store 
for  the  public  for  compensation,  and  if  that  business  is 
not  carried  on,  isolated  instances  of  receiving  property 


222 


National  Association  of  Eailway  Commissioners 


for  storage  will  not  convert  a  mill,  store,  barn  or  gran- 
ary into  a  public  warehouse.  Mayer  v.  Springer,  192 
111.  270 ;  reversing  95  111.  App.  175. 

Evidence  that  the  owner  of  a  mill  received  grain 
under  an  option  to  purchase  it  and  that  he  subsequently 
purchased  part  of  it  and  ground  it  into  flour,  does  not 
tend  to  prove  that  the  mill  was  a  public  warehouse, 
nor  justify  an  instruction  as  to  the  classes  of  ware- 
houses and  the  liability  of  keeping  such  in  case  of  fire. 
Matjer  v.  Springer,  192'  111.  270.  Where  the  owner  of 
two  warehouses  uses  one  of  them  for  a  public  warehouse, 
and  in  carrying  on  his  grain  business  used  both  ele- 
vators in  the  same  way,  using  whichever  one  happened 
to  be  the  more  convenient,  both  elevators  must  be  held 
to  be  public  warehouses.  Howe  v.  Munson,  65  111.  App. 
674. 

Public  nature  of  warehouses.  "Although  a  private 
warehouseman  is  under  no  legal  obligation  to  allow  the 
use  of  his  warehouse  to  every  applicant,  yet  public 
warehouses  are  public  agencies  and  their  proprietors 
pursue  a  public  employment,  and  goods  must  be  re- 
ceived for  a  reasonable  hire,  when  a  warehouseman 
has  a  monopoly.  What  is  a  reasonable  charge  may  be 
determined  by  the  legislature,  and  the  warehouseman 
has  no  right  to  select  his  own  customers,  nor  to  do 
anything  inconsistent  with  the  impartial  discharge  of 
his  duties  to  the  public."  30  Am.  &  Eng.  Ency.  of  Law, 
2d  Ed.,  p.  39;  citing  Bogart  v.  HaigM,  20  Baeb.  (N. 
Y.)  251;  Brass  v.  North  Dakota,  153  U.  S.  391;  Munn 
V.  Illinois,  94  U.  S.  113;  Hannah  v.  People,  198  111. 
77 ;  Belcher  Sugar  Refining  Co.  v.  St.  Louis  Grain  Ele- 
vator Co.,  101  Mo.  192 ;  Allmit  v.  Ingliss,  12  East.  527 ; 
Delaware,  etc.,  R.  Co.  v.  Central  Sth.  Yds.  Co.,  45  N. 
J.  Eq.  50 ;  Nash  v.  Page,  80  Ky.  539,  44  Am.  Eep.  490 ; 
Central  Elevator  Co.  v.  People,  174  111.  203. 

Constitutionality  of  Illinois  act.  The  denial  of  the 
right  of  a  public  warehouseman  to  buy  and  store  his 
own  grain,  mix  and  trade  with  it  in  his  own  warehouse, 
has  its  basis  in  the  inhibitions  clearly  implied  in  the 
constitution,  and  hence  the  act  of  1897  (Law  of  1897, 
p.  300),  which  purports  to  authorize  Class  A  ware- 
housemen to  do  such  acts,  upon  giving  notice  of  their 
intention  to  the  chief  grain  inspector,  is  invalid.  Han- 
nah v.  People  f.x  rel.,  198  111.  177. 

Warehouse  license — Power  to  revoke.  Section  3  of 
the  act  of  1871,  to  regulate  public  warehouses,  confers 
upon  the  local  Circuit  Court  exclusive  jurisdiction  to 
issue  and  revoke  licenses  to  Class  A  warehouses,  and 
the  railroad  and  warehouse  commissioners  have  no 
power,  under  section  12  of  the  act  of  1871,  creating 
the  commission,  to  revoke  or  cancel  such  licenses.  Can- 
hill  v.  Seaverns,  168  111.  165,  affirming  64  111.  App. 

Illinois — Inspection  of  grain — Railroad  and  ware- 
house commission.  The  Illinois  constitution,  article  13, 
section  7,  requires  that  the  general  assembly  shall 
pass  laws  for  the  inspection  of  grain,  for  the  protec- 
tion of  producers,  shippers,  and  receivers  of  grain  and 
produce.  By  an  act  to  establish  a  board  of  railroad 
and  warehouse  commissioners  and  prescribe  their  power 
and  duty,  in  force  July  1,  1871,  a  commission  styled 
"Railroad  and  Warehouse  Commission"  is  created.  In 
addition  to  the  duties  imposed  upon  this  commission 
in  reference  to  the  railroad  corporations,  by  section  14 
of  an  act  to  regulate  public  warehouses,  and  the  ware- 
housing of  grain,  and  to  give  effect  to  article  13 
of  the  constitution,  the  board  of  commissions  of  rail- 


roads and  warehouses  are  empowered  "to  fix  the  rate 
of  charge  for  the  inspection  of  grain,  and  the  manner 
in  which  the  same  shall  be  collected."  There  is  no 
provision  in  the  constitution  which,  either  expressly 
or  by  necessary  implication,  inhibits  the  legslature  from 
committing  the  inspection  of  grain  to  a  board  created 
for  that  purpose.  The  right  to  pass  inspection  laws 
belongs  to  the  police  power  of  the  State,  and  the  legis- 
lature has  authority  to  arrange  the  distribution  of  such 
powers  as  the  public  exigencies  may  require,  apportion- 
ing them  to  local  jurisdictions  to  such  extent  as  the 
lawmaking  power  deems  appropriate,  and  committing 
the  exercise  of  the  residue  to  officers  appointed  as  it 
may  see  fit  to  ordain.  So  it  was  competent  for  the 
general  assembly  to  delegate  to  the  railroad  and  ware- 
house commissions  the  power  to  control  the  inspection 
of  grain.    People  v.  Harpers  et  al.,  91  111.  357. 

State's  right  to  pass  inspection  laws.  A  State  or 
Territory  has  the  right  to  legislate  for  the  safety  and ; 
welfare  of  its  people,  and  this  right  is  not  taken  fromi 
it  because  of  the  exclusive  right  of  congress  to  regulate 
interstate  commerce;  and  an  inspection  law  affecting, 
interstate  commerce  is  not  for  that  reason  invalid  unless, 
it  is  in  conflict  with  an  act  of  congress  or  an  attempt; 
to  regulate  interstate  commerce.  The  exercise  of  police 
power  may  and  should  have  reference  to  the  peculiar 
situation  and  needs  of  the  community,  and  is  not  neces- 
sarily invalid  because  it  may  have  the  effect  of  levying' 
a  tax  upon  the  property  affected,  if  its  main  purpose  is 
to  protect  the  people  against  fraud  and  wrong.  Newi 
Mexico  ex  rel.  v.  Denver,  etc.,  R.  Co.,  203  U.  S.  38. 

Cancellation  of  warehouse  license  by  commissioners. 
The  action  of  warehouse  commissioners  in  canceling 
a  license  on  the  ground  that  a  warehouseman  had  been 
guilty  of  violating  the  laws,  may  be  inquired -into  by 
certiorari.  Cantrell  v.  Seaverns,  64  111.  App.  273,  judg- 
ment affirmed  168  111.  165. 

Elevators — Taking  railroad  property — Due  process  o 
law — Powers  of  commissioners.  Under  Nebraska  statute 
(Laws  1887,  c.  60),  as  construed  by  the  Supreme  Court 
of  the  State  (29  Neb.  550),  a  board  of  transportation 
is  authorized  to  require  a  railroad  corporation,  which  has 
permitted  the  erection  of  elevators  by  private  persons 
on  its  right  of  way,  to  grant  the  same  privilege  to  other 
private  persons,  for  the  purpose  of  erecting  thereon  an 
elevator  in  which  to  store  their  grain  from  time  to  time. 
See  opinion  of  the  United  States  Supreme  Court,  in 
Missouri  Pac.  R.  R.  Co.  v.  Nebraska,  164  U.  S.  403, 
holding  that  in  the  particular  case,  the  taking  by  a 
State  of  the  private  property  of  a  corporation,  without 
the  owner's  consent,  for  the  private  use  of  another,  ia 
not  due  process  of  law,  and  is  a  violation  of  the  four- 
teenth amendment  of  the  constitution  of  the  United 
States. 

The  Interstate  Commerce  Commission  has  no  power 
to  forbid  the  payment  by  a  carrier  of  compensation  to 
the  owner  of  an  elevator  for  services  rendered  in  the 
elevation,  weighing  and  transfer  of  grain  from  cars  to 
vessels  or  from  vessels  to  cars  in  transit.  It  makes  no 
difference  that  the  elevator  owner  has  an  incidental 
profit  from  cleaning,  clipping,  mixing,  inspecting  or 
grading  the  grain.  Peavey  v.  Union  Pac.  R.  Co.  (1910),' 
176  Fed.  Rep.  409. 

Guilty  carrier  may  collect  freight.  Where  a  carrier 
in  violation  of  an  Arkansas  statute  delivered  grain  to  the 
consignee  without  first  obtaining  a  surrender  of  the  bill 
of  lading,   it  may   nevertheless  maintain   its   suit   to 


,( 


I 


Digest  of  Decisions 


223 


collect  the  freight.  The  statute  provides  a  penalty 
of  fine  and  imprisonment  for  its  violation,  but  it  does  not 
say  that  the  carrier  shall,  in  addition,  lose  its  freight. 
In  re  T.  E.  Bunch  Co.  (1910),  180  Fed.  Eep.  519. 

Free  pass  to  mail  cleric.  An  interstate  carrier  may 
issue  a  free  pass  to  a  railway  mail  clerk  not  on  duty. 
It  owes  him  the  same  duty  of  diligence  that  it  owes  to 
other  passengers.  Schuyler  v.  Southern  Pacific  Co. 
(1910),  —  Utah  — ,  109  Pac.  Eep.  458. 

Alteration  of  contract  in  another  State.  Where  a 
bill  of  lading  is  changed  in  another  State  at  the  request 
of  the  shipper,  the  law  of  the  State  in  which  the  change 
was  made  governs  the  same  as  if  an  entire  new  con- 
tract was  made  in  that  State.  Mahaffey  v.  Wisconsin 
Cent.  Ry.  Co.  (1909),  147  111.  App.  43. 

Blind  bill  of  lading.  Blind  bill  of  lading  as  evi- 
dence of  combination  of  connecting  carriers  in  rebate 
ease.  Standard  Oil  Co.  v.  V.  S.  (1910),  179  Fed. 
Eep.  614,  623. 

Admissions  in  reports.  Admissions  made  by  the  as- 
sistant general  auditor  and  the  assistant  to  the  president 
of  a  railroad  company  in  its  report  to  the  Interstate 
Commerce  Commission  held  not  admissible  against  the 
company  in  a  proceeding  to  enjoin  the  collection  of 
a  tax  in  the  absence  of  proof  that  said  oifieers  had 
authority  to  make  admissions.  Atchison,  T.  &  S.  F.  R. 
Co.  V.  Sullivan  (1909),  173  Fed.  Eep.  456,  463,  97 
C.  C.  A.  1. 

Showing  of  sufficient  cause.  Where  a  railroad  com- 
pany, having  been  cited  by  a  railroad  commission  to 
answer  a  complaint,  answers  that  the  matter  is  in  liti- 
gation and  that  it  is  not  considered  worth  while  to 
answer  in  detail,  the  commission  may  forthwith  make 
a  finding  that  suflScient  cause  has  not  been  shown. 
Southern  Ry.  Co.  v.  Atlanta  Sand  &  Supply  Co.  (1910), 
—  Ga.  — ,  68  S.  E.  Eep.  807. 

Pleading  before  commission.  No  strictness  of  plead- 
ing is  required  in  proceedings  before  a  railroad  commis- 
sion and  the  commission  is  vested  with  power  to  frame 
its  orders  as  substantial  justice  may  require,  irrespective 
of  the  relief  asked. 

A  tariff  of  freight  rates  fixed  by  the  legislature  or 
the  railroad  commission  under  its  authority  is  the  law 
of  the  land  and  must  be  submitted  to  by  both  the  car- 
rier and  the  shipper  until  its  reasonableness  has  been 
judicially  determined.  Freight  rates  established  by  the 
railroad  commission  will  be  presumed  to  be  reasonable 
and  will  be  effective  until  attacked  and  set  aside  by 
judicial  proceeding.  Eeasonableness  of  the  rate  is  a 
question  of  fact  to  be  determined  from  all  the  evidence. 
So.  Ry.  Co.  V.  Hunt,  83  N.  E.  721. 

Pleading — complaint.  Complaint  held  sufficient  in 
suit  to  recover  damages  from  defendants  for  coinbining 
against  plaintiff  in  restraint  of  interstate  commerce — 


the  importation  from  other  States  and  sale  in  Connec- 
ticut of  coal.  Hale  v.  O'Connor  Coal  &  Supply  Co. 
(1908),  181  Fed.  Eep.  267.  See  also  Ware,  Kramer 
Tobacco  Co.  v.  American  Tobacco  Co.  (1910),  180  Fed. 
Eep.  160. 

Correspondence  school.  The  business  of  a  correspond- 
ence school  is  interstate  commerce  and  a  State  statute 
limiting  the  right  of  a  correspondence  school  to  enforce 
its  contracts  in  the  courts  of  the  State  is  unconstitutional 
and  void.  International  Text  Book  Co.  v.  Pigg  (1909), 
217  U.  S.  91,  30  Sup.  Ct.  Eep.  481,  reversing  76  Kan. 
328,  91  Pac.  Eep.  74,  contra  International  Text  Book 
Co.  V.  Connelly  (1910),  67  Misc.  Eep.  (N.  Y.)  49,  124 
K  Y.  Supp.  603. 

Carrier's  duty  to  accept  freight.  A  carrier  must 
accept  freight  from  all  alike  without  discrimination. 
State  V.  Superior  Court  of  Lewis  County  (1910),  — 
Wash.  — ,  110  Pac.  Eep.  1017,  1020. 

Shipper's  common  law  right  to  recover  excess  freight. 
Where  a  railroad  commission  has  no  power  to  fix  rates, 
the  shipper  who  has  paid  in  excess  of  a  reasonable  rate 
may  recover  such  excess  from  the  carrier  by  a  suit 
brought  in  the  proper  court.  F.  A.  Smith  &  W .  R.  Co. 
V.  Chandler  Cotton  Oil  Co.  (1909),  —  Okla.  — ,  106 
Pac.  Eep.  10. 

Pooling.  Held  an  offence  only  when  it  results  in  an 
artificial  increase  in  the  market  price  of  the  commodity 
in  question.  International  Harvester  Co.  v.  Common- 
wealth (1910),  —  Ky.  — ,  126  S.  W.  Eep.  352. 

State  regulation  of  insurance  companies.  An  Ala- 
bama statute  held  constitutional  which  provides  that 
when  the  insurer  is  connected  with  a  tariff  association 
that  fixes  the  rates  to  be  charged  by  all  its  members 
the  insured  may  recover  25  per  cent  in  addition  to  his 
actual  loss.  German  Alliance  Insurance  Company  v. 
Hale  (1910),  219  U.  S.  307,  31  Sup.  Ct.  Eep.  246, 
—  L.  Ed.  — . 

State  may  abolish  tariff  association.  Membership  in 
a  tariff  association  that  fixes  the  rates  to  be  charged 
by  all  of  its  members  may  be  penalized  by  any  State  in 
which  a  member  of  such  association  does  business. 
German  Alliance  Insurance  Company  v.  Hale  (1910), 
219  U.  S.  307,  31  Sup.  Ct.  Eep.  246,  —  L.  Ed.  — . 

State  may  require  sales  by  actual  weight.  The  State 
legislature  may  properly  abolish  a  board  of  trade  rule 
under  which  the  buyer  must  deduct  from  each  carload 
of  grain  bought  100  pounds  to  cover  loss  by  foreign 
matter  mixed  with  the  grain  and  may  properly  provide 
that  (in  the  absence  of  a  different  agreement  by  the 
parties,)  sales  shall  be  made  only  on  the^asis  of  the 
actual  weight  of  the  grain  sold.  House  v.  Mayes  (1910), 
219  U.  S.  270,  31  Sup.  Ct.  Eep.  234,  —  L.  Ed.  — , 
affirming  227  Mo.  617,  127  S.  W.  Eep.  305. 


224 


National  Association  of  Railway  Commissioners 


THE 
SHORTEST  LINE 

between 

ST.  LOUIS 

and 

KANSAS  CITY,  OMAHA,  DES  MOINES 
TOLEDO,  DETROIT 

and 

NIAGARA  FALLS 

also  between 

CHICAGO 

and 

TOLEDO,  DETROIT  AND  NIAGARA  FALLS 


THE  WABASH  RAILROAD 

Operates  Through  Sleeping  Cars  between  the  following  important  cities: 
St.  Louis  and  Kansas  City,  Denver,  San  Francisco  and  Los  Angeles, 
St.  Louis  and  Omaha,  Des  Moines,  Minneapolis  and  St.  Paul,  St.  Louis 
and  Chicago,  Toledo,  Detroit,  Buffalo,  Rochester,  Syracuse,  Utica, 
Boston  and  New  York,  Kansas  City  and  Detroit,  Chicago  and  Quincy, 
Chicago  and  Toledo,  Detroit,  Toronto,  Montreal,  Niagara  Falls, 
Buffalo,  Rochester,  Syracuse,  Utica,  Boston  and  New  York. 


Modern  Equipment  on  All  Trains 
Excellent  Dining  Gar  Service 

J.  D.  McNamara,  Gen'l  Passenger  Agent,  St.  Louis,  Mo 


Federal  Laws  Regulating  Commerce 


225 


FEDERAI4    COMMERCE    LAWS 

INCLUDING 

THE    ACT 

TO 

REGULATE   COMMERCE 

(AS  AMENDED) 

Commerce  Court  Act 
Safety  Appliance  Act,  Etc.,  Etc. 

Revised  to  January  1,  1912 


Carriers  and  trans- 
portation subject  to 
the  act. 


Teiegraph,  tele- 
phone, and  cable 
companies. 


Act  does  not  apply 
to  transportation 
wholly  within  one 
State. 


Express  companies 
and  sleeping  car 
companies  included. 

What  the  term 
"railroad"  includes. 


What  the  term 
"transportation"  in- 
cludes. 


THE  ACT  TO  REGULATE  COMMERCE  AS  AMENDED 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  m 
Congress  assembled, 

Sec.  I.  {As  amended  June  29,  1906,  April  IS,  1908,  and  June  18,  1910.)  That  the  provisions 
of  this  Act  shall  apply  to  any  corporation  or  any  person  or  persons  engaged  in  the  transportation 
of  oil  or  other  commodity,  except  water  and  except  natural  or  artificial  gas,  by  means  of  pipe  lines, 
or  partly  by  pipe  lines  and  partly  by  railroad,  or  partly  by  pipe  lines  and  partly  by  water,  and  to 
telegraph,  telephone,  and  cable  companies  (whether  wire  or  wireless)  engaged  in  sending  messages 
from  one  State,  Territory,  or  District  of  the  United  States  to  any  other  State,  Territory,  or  Dis- 
trict of  the  United  States  or  to  any  foreign  country,  who  shall  be  considered  and  held  to  be  common 
carriers  within  the  meaning  and  purpose  of  this  Act,  and  to  any  common  carrier  or  carriers  engaged 
in  the  transportation  of  passengers  or  property  wholly  by  railroad  (or  partly  by  railroad  and  partly 
by  water  when  both  are  used  under  a  common  control,  management,  or  arrangement  for  a  con- 
tinuous carriage  or  shipment),  from  one  State  or  Territory  of  the  United  States  or  the  District 
of  Columbia  to  any  other  State  or  Territory  of  the  United  States  or  the  District  of  Columbia, 
or  from  one  place  in  a  Territory  to  another  place  in  the  same  Territory,  or  from  any  place  in  the 
United  States  to  an  adjacent  foreign  country,  or  from  any  place  in  the  United  States  through 
a  foreign  country  to  any  other  place  in  the  United  States,  and  also  to  the  transportation  in  like 
manner  of  property  shipped  from  any  place  in  the  United  States  to  a  foreign  country  and  carried 
from  such  place  to  a  port  of  trans-shipment,  or  shipped  from  a  foreign  country  to  any  place  in  the 
United  States  and  carried  to  such  place  from  a  port  of  entry  either  in  the  United  States  or  an 
adjacent  foreign  country:  Provided,  however.  That  the  provisions  of  this  Act  shall  not  apply  to  the 
transportation  of  passengers  or  property,  or  to  the  receiving,  delivering,  storage,  or  handling  of 
property  wholly  within  one  State  and  not  shipped  to  or  from  a  foreign  country  from  or  to  any 
State  or  Territory  as  aforesaid,  nor  shall  they  apply  to  the  transmission  of  messages  by  telephone, 
telegraph,  or  cable  wholly  within  one  State  and  not  transmitted  to  or  from  a  foreign  country  from 
or  to  any  State  or  Territory  as  aforesaid. 

The  term  "common  carrier"  as  used  in  this  Act  shall  include  express  companies  and  sleeping 
car  companies.  The  term  "railroad"  as  used  in  this  Act  shall  include  all  bridges  and  ferries  used 
or  operated  in  connection  with  any  railroad,  and  also,  all  the  road  in  use  by  any  corporation  operating 
a  railroad,  whether  owned  or  operated  under  a  contract,  agreement,  or  lease,  and  shall  also  include 
all  switches,  spurs,  tracks,  and  terminal  facilities  of  every  kind  used  or  necessary  in  the  trans- 
portation of  the  persons  or  property  designated  herein,  and  also  all  freight  depots,  yards,  and 
grounds  used  or  necessary  in  the  transportation  or  delivery  of  any  of  said  property;  and  the  term 
"transportation"  shall  include  cars  and  other  vehicles  and  all  instrumentalities  and  facilities  of 
shipment  or  carriage,  irrespective  of  ownership  or  of  any  contract,  express  or  implied,  for  the  use 
thereof  and  all  services  in  connection  with  the  receipt,  delivery,  elevation,  and  transfer  in  transit, 
ventilation,  refrigeration  or  icing,  storage  and  handling  of  property  transported;  and  it  shall  be 
the  duty  of  every  carrier  subject  to  the  provisions  of  this  Act  to  provide  and  furnish  such  transpor- 
tation upon  reasonable  request  therefor,  and  to  establish  through  routes  and  just  and  reasonable 


.^26 


National  Association  of  Railway  Commissioners 


rates  applicable  thereto;  and  to  provide  reasonable  facilities  for  operating  such  through  routes 
and  to  make  reasonable  rules  and  regulations  with  respect  to  the  exchange,  interchange,  and  return 
of  cars  used  therein,  and  for  the  operation  of  such  through  routes,  and  providing  for  reasonable 
compensation  to  those  entitled  thereto. 

All  charges  made  for  any  service  rendered  or  to  be  rendered  in  the  transportation  of  passengers 
or  property  and  for  the  transmission  of  messages  by  telegraph,  telephone,  or  cable,  as  aforesaid,  or  in 
connection  therewith,  shall  be  just  and  reasonable;  and  every  unjust  and  unreasonable  charge 
for  such  service  or  any  part  thereof  is  prohibited  and  declared  to  be  unlawful:  Provided,  That 
messages  by  telegraph,  telephone,  or  cable,  subject  to  the  provisions  of  this  Act,  may  be  classified 
into  day,  night,  repeated,  unrepeated,  letter,  commercial,  press.  Government,  and  such  other 
classes  as  are  just  and  reasonable,  and  different  rates  may  be  charged  for  the  different  classes  of 
messages:  And  provided  further,  That  nothing  in  this  Act  shall  be  construed  to  prevent  telephone, 
telegraph,  and  cable  companies  from  entering  into  contracts  with  common  carriers  for  the  ex- 
change of  services. 

And  it  is  hereby  made  the  duty  of  all  common  carriers  subject  to  the  provisions  of  this  Act  to 
establish,  observe,  and  enforce  just  and  reasonable  classifications  of  property  for  transportation, 
with  reference  to  which  rates,  tariffs,  regulations,  or  practices  are  or  may  be  made  or  prescribed, 
and  just  and  reasonable  regulations  and  practices  affecting  classifications,  rates,  or  tariffs,  the 
issuance,  form,  and  substance  of  tickets,  receipts,  and  bills  of  lading,  the  manner  and  method 
of  presenting,  marking,  packing,  and  delivering  property  for  transportation,  the  facilities  for  trans- 
portation, the  carrying  of  personal,  sample,  and  excess  baggage,  and  all  other  matters  relating  to 
or  connected  with  the  receiving,  handling,  transporting,  storing,  and  delivery  of  property  subject 
to  the  provisions  of  this  Act  which  may  be  necessary  or  proper  to  secure  the  safe  and  prompt  receipt, 
handUng,  transportation,  and  delivery  of  property  subject  to  the  provisions  of  this  Act  upon  just 
and  reasonable  terms,  and  every  such  unjust  and  unreasonable  classification,  regulation,  and 
practice  Avith  reference  to  commerce  between  the  States  and  with  foreign  countries  is  prohibited 
and  declared  to  be  unlawful. 

No  common  carrier  subject  to  the  provisions  of  this  Act  shall,  after  January  first, 
nineteen  himdred  and  seven,  directly  or  indirectly,  issue  or  give  any  interstate  free  ticket, 
free  pass,  or  free  transportation  for  passengers,  except  to  its  employees  and  their  families, 
jts  officers,  agents,  surgeons,  physicians,  and  attorneys  at  law;  to  ministers  of  religion, 
traveling  secretaries  of  railroad  Young  Men's  Christian  Associations,  inmates  of  hospitals 
and  charitable  and  eleemosynary  institutions,  and  persons  exclusively  engaged  in  charitable  and 
eleemosynary  work;  to  indigent,  destitute,  and  homeless  persons,  and  to  such  persons  when  trans- 
ported by  charitable  societies  or  hospitals,  and  the  necessary  agents  employed  in  such  transpor- 
tation; to  inmates  of  the  National  Homes  or  State  Homes  for  Disabled  Volunteer  Soldiers, 
and  of  Soldiers'  and  Sailors'  Homes,  including  those  about  to  enter  and  those  returning 
home  after  discharge;  to  necessary  care  takers  of  live  stock,  poultry,  milk,  and  fruit;  to  employees 
on  sleeping  cars,  express  cars,  and  to  linemen  of  telegraph  and  telephone  conapanies;  to  Railway 
Mail  Service  employees,  post-office  inspectors,  customs  inspectors,  and  immigration  inspectors; 
to  newsboys  on  trains,  baggage  agents,  witnesses  attending  any  legal  investigation  in  wh  ich  the 
common  carrier  is  interested,  persons  injured  in  wrecks  and  physicians  and  nurses  attending 
such  persons:  Provided,  That  this  provision  shall  not  be  construed  to  prohibit  the  interchange 
of  passes  for  the  officers,  agents,  and  employees  of  common  carriers,  and  their  famihes;  nor  to  pro- 
hibit any  common  carrier  from  carrying  passengers  free  with  the  object  of  providing  relief  in  cases 
of  general  epidemic,  pestilence,  or  other  calamitous  visitation:  And  provided  further,  That  this 
provision  shall  not  be  construed  to  prohibit  the  privilege  of  passes  or  franks,  or  the  exchange  thereof 
with  each  other,  for  the  officers,  agents,  employees,  and  their  families  of  such  telegraph,  telephone, 
and  cable  lines,  and  the  officers,  agents,  employees  and  their  families  of  other  common  carriers 
subject  to  the  provisions  of  this  Act:  Provided  further,  That  the  term  "employees"  as  used  in  this 
paragraph  shall  include  furloughed,  pensioned,  and  superannuated  employees,  persons  who  have 
become  disabled  or  infirm  in  the  service  of  any  such  common  carrier,  and  the  remains  of  a  person 
killed  in  the  employment  of  a  carrier  and  ex-employees  traveling  for  the  purpose  of  entering  the 
service  of  any  such  common  carrier;  and  the  term  "families"  as  used  in  this  paragraph  shall  include 
the  families  of  those  persons  named  in  this  proviso,  also  the  families  of  persons  killed,  arid  the 
widows  during  widowhood  and  minor  children  during  minority  of  persons  who  died  while  in  the 
service  of  any  such  common  carrier.  Any  common  carrier  violating  this  provision  shall  be  deemed 
guilty  of  a  misdemeanor,  and  for  each  offense,  on  conviction,  shall  pay  to  the  United  States  a 
penalty  of  not  less  than  one  hundred  dollars  nor  more  than  two  thousand  dollars,  a,nd  any  person, 
other  than  the  persons  excepted  in  this  provision,  who  uses  any  such  interstate  free  ticket,  free  pass, 
or  free  transportation  shall  be  subject  to  a  like  penalty.  Jurisdiction  of  offenses  under  this  pro- 
vision shall  be  the  same  as  that  provided  for  offenses  in  an  Act  entitled  "An  Act  to  further  regu- 
late commerce  with  foreign  nations  and  among  the  States,"  approved  February  nineteenth,  nine- 
teen hundred  and  three,  and  any  amendment  thereof.     (See  section  22.) 

From  and  after  May  first,  nineteen  hundred  and  eight,  it  shall  be  unlawful  for  any  railroad 
company  to  transport  from  any  State,  Territory,  or  the  District  of  Columbia,  to  any  other  State, 
Territory,  or  the  District  of  Columbia,  or  to  any  foreign  country,  any  article  or  commodity,  other 
than  timber  and  the  manufactured  products  thereof,  manufactured,  mined,  or  produced  by  it, 
or  under  its  authority,  or  which  it  may  own  in  whole  or  in  part,  or  in  which  it  may  have  any  in- 


Charges  must  be 
just  and  reasonable. 


I 


C  1  a  s  s  i  B  c  ations 
must  be  just  and 
reasonable. 


Alarking,    packing 
and  delivery. 


Free    passes    and 
free     transportation 

prohibited. 


Excepted  classes. 


Interchange     of 
authorized  passes. 


Extension  of  mean- 
ing of  term  "em- 
ployees" and  "fam- 
ilies." 


Jurisdiction  and 
penalty  for  viola' 
tion. 


-I 


Hail  road  compa- 
nies prohibited  from 
transporting  c  o  m  - 
modities  in  which 
they  are  interested. 
Timber  and  prod- 
ucts thereof  excepted 


Federal  Laws  Eegulatixg  Commerce 


227 


Switch    conDec- 
tions. 


Switch  c  o  n  n  e  c- 
tions  may  be  order- 
ed by  the  Commis- 
sion. 


Unjust  discrimi- 
nation defined  and 
forbidden. 


Undue  or  unrea- 
sonable preference 
or  ad  vantage  forbid- 
den. 


Facilities  for  inter- 
change of  traffic. 


Discrimination  be- 
tween connecting 
lines  forbidden. 


long    and    short 
haul  provision. 


Commission  has 
authority  to  relieve 
carriers  from  the 
operation  of  this 
section. 


Water    competi- 
tion. 


I^ooling  of  freights 
and  division  of  earn- 
ing'* forbidden. 


terest,  direct  or  indirect,  except  such  articles  or  commodities  as  may  be  necessary  and  intended 
for  its  use  in  the  conduct  of  its  business  as  a  common  carrier. 

Any  common  carrier  subject  to  the  provisions  of  this  Act,  upon  application  of  any  lateral, 
branch  line  of  railroad,  or  of  any  shipper  tendering  interstate  traffic  for  transportation,  shall  con- 
struct, maintain,  and  operate  upon  reasonable  terms  a  switch  connection  with  any  such  lateral, 
branch  line  of  railroad,  or  private  side  track  which  may  be  constructed  to  connect  with  its  rail- 
road, where  such  connection  is  reasonably  practicable  and  can  be  put  in  with  safety  and  will  fur- 
nish sufficient  business^  justify  the  construction  and  maintenance  of  the  same;  and  shall  furnish 
cars  for  the  movement  of  such  traffic  to  the  best  of  its  ability  without  discrimination  in  favor  of 
or  against  any  such  shipper.  If  any  common  carrier  shall  fail  to  install  and  operate  any  such 
switch  or  connection  as  aforesaid,  on  application  therefor  in  writing  by  any  shipper  or  owner  of 
such  lateral,  branch  line  of  railroad,  such  shipper  or  owner  of  such  lateral,  branch  line  of  railroad 
may  make  complaint  to  the  Commission,  as  provided  in  section  thirteen  of  this  Act,  and  the  Com- 
mission shall  hear  and  investigate  the  same  and  shall  determine  as  to  the  safety  and  practicability 
thereof  and  justification  and  reasonable  compensation  therefor,  and  the  Commission  may  make 
an  order,  as  provided  in  section  fifteen  of  this  Act,  directing  the  common  carrier  to  comply  with 
the  provisions  of  this  section  in  accordance  with  such  order,  and  such  order  shall  be  enforced  as 
hereinafter  provided  for  the  enforcement  of  all  other  orders  by  the  Commission,  other  than  orders 
for  the  payment  of  money. 

Sec.  2.  That  if  any  common  carrier  subject  to  the  provisions  of  this  Act  shall,  directly  or  in- 
directly, by  any  special  rate,  rebate,  drawback,  or  other  device,  charge,  demand,  collect,  or  receive 
from  any  person  or  persons  a  greater  or  less  compensation  for  any  service  rendered,  or  to  be  rendered, 
in  the  transportation  of  passengers  or  property,  subject  to  the  provisions  of  this  Act,  than  it  charges, 
demands,  collects,  or  receives  from  any  other  person  or  persons  for  doing  for  him  or  them  a  like 
and  contemporaneous  service  in  the  transportation  of  a  like  kind  of  traffic  under  substantially 
siinilar  circumstances  and  conditions,  such  common  carrier  shall  be  deemed  guilty  of  unjust  dis- 
crimination, which  is  hereby  prohibited  and  declared  to  be  unlawful. 

Sec.  3.  That  it  shall  be  unlawful  for  any  common  carrier  subject  to  the  provisions  of  this 
Act  to  make  or  give  any  undue  or  unreasonable  preference  or  advantage  to  any  particular  person, 
company,  firm,  corporation,  or  locality,  or  any  particular  description  of  traffic,  in  any  respect  what- 
soever, or  to  subject  any  particular  person,  company,  firm,  corporation,  or  locality,  or  any  partic- 
ular description  of  traffic,  to  any  undue  or  unreasonable  prejudice  or  disadvantage  in  any  respect 
whatsoever. 

Every  common  carrier  subject  to  the  provisions  of  this  Act  shall,  according  to  their  respective 
powers,  afford  all  reasonable,  proper,  and  equal  facilities  for  the  interchange  of  traffic  between 
their  respective  lines,  and  for  the  receiving,  forwarding,  and  delivering  of  passengers  and  prop- 
erty to  and  from  their  several  lines  and  those  cormecting  therewith,  and  shall  not  discriminate 
in  their  rates  and  charges  between  such  connecting  lines;  but  this  shall  not  be  construed  as  requir- 
ing any  such  common  carrier  to  give  the  use  of  its  tracks  or  terminal  facilities  to  another  carrier 
engaged  in  like  business. 

Sec.  4.  {As  amended  June  18,  1910.)  That  it  shall  be  unlawful  for  any  common  carrier  sub- 
ject to  the  provisions  of  this  Act  to  charge  or  receive  any  greater  compensation  in  the  aggregate  for 
the  transportation  of  passengers,  or  of  like  kind  of  property,  for  a  shorter  than  for  a  longer  dis- 
tance over  the  same  line  or  route  in  the  same  direction,  the  shorter  being  included  within  the 
longer  distance,  or  to  charge  any  greater  compensation  as  a  through  route  than  the  aggregate  of  the 
intermediate  rates  subject  to  the  provisions  of  this  Act;  but  this  shall  not  be  construed  as  author- 
izing any  common  carrier  within  the  terms  of  this  Act  to  charge  or  receive  as  great  compensation 
for  a  shorter  as  for  a  longer  distance:  Provided,  however.  That  upon  application  to  the  Interstate 
Commerce  Commission  such  common  carrier  may  in  special  cases,  after  investigation,  be  author- 
ized by  the  Commission  to  charge  less  for  longer  than  for  shorter  distances  for  the  transportation 
of  passengers  or  property;  and  the  Commission  may  from  time  to  time  prescribe  the  extent  to 
which  such  designated  common  carrier  may  be  relieved  from  the  operation  of  this  section:  Pro- 
vided, further.  That  no  rates  or  charges  lawfully  existing  at  the  time  of  the  passage  of  this  amenda- 
tory Act  shall  be  required  to  be  changed  by  reason  of  the  provisions  of  this  section  prior  to  the 
expiration  of  six  months  after  the  passage  of  this  Act,  nor  in  any  case  where  application  shall  have 
been  filed  before  the  Commission,  in  accordance  with  the  provisions  of  this  section,  until  a  deter- 
mination of  such  application  by  the  Commission. 

Whenever  a  carrier  by  railroad  shall  in  competition  with  a  water  route  or  routes  reduce  the 
rates  on  the  carriage  of  any  species  of  freight  to  or  from  competitive  points,  it  shall  not  be  per- 
mitted to  increase  such  rates  unless  after  hearing  by  the  Interstate  Commerce  Commission  it  shall 
be  found  that  such  proposed  iftcrease  rests  upon  changed  conditions  other  than  the  elimination 
of  water  competition. 

Sec.  5.  That  it  shall  be  unlawful  for  any  common  earlier  subject  to  the  provisions  of  this 
Act  to  enter  into  any  contract,  agreement,  or  combination  with  any  other  common  carrier  or 
carriers  for  the  pooUng  of  freights  of  different  and  competing  railroads,  or  to  divide  between  them 
the  aggregate  or  net  proceeds  of  the  earnings  of  such  railroads,  or  any  portion  thereof;  and  in 
any  case  of  an  agreement  for  the  pooling  of  freights  as  aforesaid,  each  day  of  its  continuance  shall 
be  deemed  a  separate  offense. 


228 


A^ATioNAL  Association  of  Railway  Commissioners 


Sec.  6.  (Amended  March  2,  1889.  Following  section  substituted  June  29,  1906.  Amended 
June  18,  1910.)  That  every  common  carrier  subject  to  the  provisions  of  this  Act  shall  file  with 
the  Commission  created  by  this  Act  and  print  and  keep  open  to  public  inspection  schedules  showing 
all  the  rates,  fares,  and  charges  for  transportation  between  different  points  on  its  own  route  and 
between  points  on  its  own  route  and  points  on  the  route  of  any  other  carrier  by  railroad, 
by  pipe  line,  or  by  water  when  a  through  route  and  joint  rate  have  been  established. 
If  no  joint  rate  over  the  through  route  has  been  established,  the  several  carriers  in  such 
through  route  shall  file,  print,  and  keep  open  to  public  infection,  as  aforesaid,  the  separately 
established  rates,  fares  and  charges  applied  to  the  through  transportation.  The  schedules 
printed  as  aforesaid  by  any  such  common  carrier  shall  plainly  state  the  places  between  which 
property  and  passengers  will  be  carried,  and  shall  contain  the  classification  of  freight  in  force, 
and  shall  also  state  separately  all  terminal  charges,  storage  charges,  icing  charges,  and  all  other 
charges  which  the  Commission  may  require,  all  privileges  or  facilities  granted  or  allowed  and  any 
rules  or  regulations  which  in  any  wise  change,  affect,  or  determine  any  part  or  the  aggregate  of 
such  aforesaid  rates,  fares,  and  charges,  or  the  value  of  the  service  rendered  to  the  passenger, 
shipper,  or  consignee.  Such  schedules  shall  be  plainly  printed  in  large  type,  and  copies  for  the 
use  of  the  public  shall  be  kept  posted  in  two  public  and  conspicuous  places  in  every  depot,  station, 
or  office  of  such  carrier  where  passengers  or  freight,  respectively,  are  received  for  transportation,  in 
such  form  that  they  shall  be  accessible  to  the  public  and  can  be  conveniently  inspected.  The 
provisions  of  this  section  shall  apply  to  all  traffic,  transportation,  and  faciUties  defined  in  this  Act. 

Any  common  carrier  subject  to  the  provisions  of  this  Act  receiving  freight  in  the  United  States 
to  be  carried  through  a  foreign  country  to  any  place  in  the  United  States  shall  also  in  like  manner 
print  and  keep  open  to  public  inspection,  at  every  depot  or  office  where  such^  freight  is  received 
for  shipment,  schedules  showing  the'  through  rates  established  and  charged  'by  such  common 
carrier  to  all  points  in  the  United  States  beyond  the  foreign  country  to  which  it  accepts  freight 
for  shipment;  and  any  freight  shipped  from  the  United  States  through  a  foreign  country  into  the 
United  States  the  through  rate  on  which  shall  not  have  been  made  pubhc,  as  required  by  this  Act, 
shall,  before  it  is  admitted  into  the  United  States  from  said  foreign  country,  be  subject  to  cus- 
toms duties  as  if  said  freight  were  of  foreign  production. 

No  change  shall  be  made  in^he  rates,  fares,  and  charges  or  joint  rates,  fares,  and  charges 
which  have  been  filed  and  published  by  any  common  carrier  in  compliance  with  the  requirements 
of  this  section,  except  after  thirty  days'  notice  to  the  Commission  and  to  the  pubhc  published 
as  aforesaid,  which  shall  plainly  state  the  changes  proposed  to  be  made  in  the  schedule  then  in 
force  and  the  time  when  the  changed  rates,  fares,  or  charges  will  go  into  effect;  and  the  proposed 
changes  shall  be  shown  by  printing  new  schedules,  or  shall  be  plainly  indicated  upon  the  schedules 
in  force  at  the  time  and  kept  open  to  public  inspection:  Provided,  That  the  Commission  may, 
in  its  discretion  and  for  good  cause  shown,  allow  changes  upon  less  than  the  notice  herein  specified, 
or  modify  the  requirements  of  this  section  in  respect  to  pubUshing,  posting,  and  filing  of  tariffs, 
either  in  particular  instances  or  by  a  general  order  appUcable  to  special  or  pecuHar  circumstances 
or  conditions. 

The  names  of  the  several  carriers  which  are  parties  to  any  joint  tariff  shall  be  specified  therein, 
and  each  of  the  parties  thereto,  other  than  the  one  filing  the  same,  shall  file  with  the  Commission 
such  evidence  of  concurrence  therein  or  acceptance  thereof  as  may  be  required  or  approved  by  the 
Commission,  and  where  such  evidence  of  concurrence  or  acceptance  is  filed  it  shall  not  be  necessary 
for  the  carriers  filing  the  same  to  also  file  copies  of  the  tariffs  in  which  they  are  named  as  parties. 

Every  common  carrier  subject  to  this  Act  shall  also  file  with  said  Commission  copies  of  all 
contracts,  agreements,  or  arrangements  with  other  common  carriers  in  relation  to  any  traffic 
affected  by  the  provisions  of  this  Act  to  which  it  may  be  a  party. 

The  Commission  may  determine  and  prescribe  the  form  in  which  the  schedules  required 
by  this  section  to  be  kept  open  to  public  inspection  shall  be  prepared  and  arranged  and  may  change 
the  form  from  time  to  time  as  sh^ll  be  found  expedient. 

No  carrier,  unless  otherwise  provided  by  this  Act,  shall  engage  or  participate  in  the  trans- 
portation of  passengers  or  property,  as  defined  in  this  Act,  unless  the  rates,  fares,  and  charges 
upon  which  the  same  are  transported  by  said  carrier  have  been  filed  and  published  in  accordance 
with  the  provisions  of  this  Act;  nor  shall  any  carrier  charge  or  demand  or  collect  or  receive  a  greater 
or  less  or  different  compensation  for  such  transportation  of  passengers  or  property,  or  for  any  service 
in  connection  therewith,  between  the  points  named  in  such  tariffs  than  the  rates,  fares,  and  charges 
which  are  specified  in  the  tariff  filed  and  in  effect  at  the  time;  nor  shall  any  carrier  refund  or  remit 
in  any  manner  or  by  any  device  any  portion  of  the  rates,  fares,  and  charges  so  specified,  nor  extend 
to  any  shipper  or  person  any  privileges  or  facilities  in  the  transportation  of  passengers  or  property, 
except  such  as  are  specified  in  such  tariffs:  Provided,  That  wherever  the  word  "carrier"  occurs  in 
this  Act  it  shall  be  held  to  mean  "common  carrier." 

That  in  time  of  war  or  threatened  war  preference  and  precedence  shall,  upon  the  demand  of 
the  President  of  the  United  States,  be  given,  over  all  other  traffic,  to  the  transportation  of  troops 
and  material  of  war,  and  carriers  shall  adopt  every  means  within  their  control  to  facilitate  and 
expedite  the  military  traflSc. 

The  Commission  may  reject  and  refuse  to  file  any  schedule  that  is  tendered  for  filing  which 
does  not  provide  and  give  lawful  notice  of  its  effective  date,  and  any  schedule  so  rejected  by  the 
Commission  shall  be  void  and  its  use  shall  be  unlawful. 


Printing  and  po, 
ing  of  schedules 
rates,  fares  a 
charges,  includ  i  i 
rules  and  regulatic 
affecting  the  san 
icing,  storage  a 
terminal  chargi 
and  freight  claas^ 
cations. 


Printing  and  po: 
ing  of  schedules 
rates  on  freight  ci 
ried  through  a  f< 
eign  country. 


Freight  subject 
customs    duties 
case    of    failure 
publish  t.h  r  o  u  g 
rates. 


Thirty  days'  pu 
lie  notice  of  chan 
in  rates  must  1 
given. 


Commission  mi 
modify  requil 
ments  of  this  sectic 


H^i 


Joint  tariff».-mu 
specify  names  ^ 
carriers  participa 
ing.  Evidence^ 
concurrence.         " 


Copies  of  CO 
tracts,  agreemen 
or  arrangements  r 
latin?  to  traffic  mu 
be  filed  with  Cor 
mission. 

Commission  mc 
prescribe  fornis^ 
schedules. 


No 


sb£ 


carrier 
engage   in   transpo 

tation  unless  it  fit 
and  publishes  rate 
fares  and  eharg 
thereon. 


Published  rat 
not  to  be  deviatt 
from. 

"Carrier"  mea 
"common  carrier.' 


Preference  and  e: 
pedition  of  militar 
traffic  in  time  < 
war. 


Commisdon  ma, 
reject  schedules. 


Eedekal  Laws  Kequlatikg  Commerce 


229 


Penalty  for  failure 
to  comply  with  regu- 
latioD. 


Carrier  to  furnish 
nritten  statement 
of  rate. 


Damages  for  mis- 
statement of  rate. 


Name  ol  carrier's 
agent  to  be  posted. 


Continuous  car- 
riage of  freights 
from  place  of  ship- 
ment to  place  of 
destination. 


Liability  of  com- 
mon carriers  for 
damages. 


Persons  claiming 
to  be  damaged  may 
elect  whether  to 
complain  to  the 
Commission  or 
bring  suit  in  a 
United  States  court. 


Officers  of  defend- 
ant may  be  com- 
pelled to  testify. 


Penalties  for  vi- 
olations of  Act  by 
carriers,  or  when 
the  carrier  is  a 
corpora  t  ion  ,  its 
officers,  agents  or 
employees;  Fine 
and  imprisonment. 


In  case  of  failure  or  refusal  on  the  part  of  any  carrier,  receiver,  or  trustee  to  comply  with  the 
terms  of  any  regulation  adopted  and  promulgated  or  any  order  made  by  the  Commission  under  the 
provisions  of  this  section,  such  carrier,  receiver,  or  trustee  shall  be  liable  to  a  penalty  of  five  hun- 
dred dollars  for  each  offense,  and  twenty-five  dollars  for  each  and  every  day  of  the  continuance  of 
such  offense,  which  shall  accrue  to  the  United  States  and  may  be  recovered  in  a  civil  action  brought 
by  the  United  States. 

If  any  common  carrier  subject  to  the  provisions  of  this  Act,  after  written  request  made  upon 
the  agent  of  such  carrier  hereinafter  in  this  section  referred  to,  by  any  person  or  company  for  a 
written  statement  of  the  rate  or  charge  applicable  to  a  described  shipment  between  stated  places, 
under  the  schedules  or  tariffs  to  which  such  carrier  is  a  party,  shall  refuse  or  omit  to  give  such 
written  statement  within  a  reasonable  time,  or  shall  misstate  in  writing  the  applicable  rate,  and  if 
the  person  or  company  making  such  request  suffers  damage  in  consequence  of  such  refusal  or 
omission  or  in  consequence  of  the  misstatement  of  the  rate,  either  through  making  the  shipment 
over  a  line  or  route  for  which  the  proper  rate  is  higher  than  the  rate  over  another  available  line  or 
route,  or  through  entering  into  any  sale  or  other  contract  whereunder  such  person  or  company 
obligates  himself  or  itself  to  make  such  shipment  of  freight  at  his  or  its  cost,  then  the  said  carrier 
shall  be  liable  to  a  penalty  of  two  hundred  and  fifty  dollars,  which  shall  accrue  to  the  United  States 
and  may  be  recovered  in  a  civil  action  brought  by  the  United  States. 

It  shall  be  the  duty  of  every  carrier  by  railroad  to  keep  at  all  times  conspicuously  posted  in 
every  station  where  freight  is  received  for  transportation  the  name  of  an  agent  resident  in  the  city, 
village,  or  town  where  such  station  is  located,  to  whom  application  may  be  made  for  the  infor- 
mation by  this  section  required  to  be  furnished  on  written  request;  and  in  case  any  carrier  shall 
fail  at  any  time  to  have  such  name  so  posted  in  any  station,  it  shall  be  sufficient  to  address  such 

request  in  substantially  the  following  form:  "The  Station  Agent  of  the Company  at 

—  Station,"  together  with  the  name  of  the  proper  post-oflSce,  inserting  the  name  of  the 

carrier  company  and  of  the  station  in  the  blanks,  and  to  serve  the  same  by  depositing  the  request 
so  addressed,  with  postage  thereon  prepaid,  in  any  post-6ffice. 

Sec.  7.  That  it  shall  be  unlawful  for  any  common  carrier  subject  to  the  provisions  of  this 
Act  to  enter  into  any  combination,  contract,  or  agreement,  expressed  or  impHed,  to  prevent,  by 
change  of  time  schedule,  carriage  in  different  cars,  or  by  other  means  or  devices,  the  carriage  of 
freights  from  being  continuous  from  the  place  of  shipment  to  the  place  of  destination ;  and  no  break 
of  bulk,  stoppage,  or  interruption  made  by  such  common  carrier  shall  prevent  the  carriage  of 
freights  from  being  and  being  treated  as  one  continuous  carriage  from  the  place  of  shipment  to  the 
place  of  destination,  unless  such  break,  stoppage,  or  interruption  was  made  in  good  faith  for  some 
necessary  purpose,  and  without  any  intent  to  avoid  or  unnecessarily  interrupt  such  continuous 
carriage  or  to  evade  any  of  the  provisions  of  this  Act.  1^  Hi  H 

Sec.  8.  That  in  case  any  common  carrier  subject  to  the  provisions  of  this  Act  shall  do,  cause 
to  be  done,  or  permit  to  be  done  any  act,  matter,  or  thing  in  this  Act  prohibited  or  declared  to  be 
unlawful,  or  shall  omit  to  do  any  act,  matter,  or  thing  in  this  Act  required  to  be  done,  such  common 
carrier  shall  be  liable  to  the  person  or  persons  injured  thereby  for  the  full  amount  of  damages 
sustained  in  consequence  of  any  such  violation  of  the  provisions  of  this  Act,  together  with  a  reason- 
able counsel  or  attorney's  fee,  to  be  fixed  by  the  court  in  every  case  of  recovery,  which  attorney's 
fee  shall  be  taxed  and  collected  as  part  of  the  costs  in  the  case. 

Sec.  9.  That  any  person  or  persons  claiming  to  be  damaged  by  any  common  carrier  subject 
to  the  provisions  of  this  Act  may  either  make  complaint  to  the  Commission  as  hereinafter  provided 
for,  or  may  bring  suit  in  his  or  their  own  behalf  for  the  recovery  of  the  damages  for  which  such 
common  carrier  may  be  liable  under  the  provisions  of  this  Act,  in  any  district  or  circuit  court  of 
the  United  States  of  competent  jurisdiction;  but  such  person  or  persons  shall  not  have  the  right 
to  pursue  both  of  said  remedies,  and  must  in  each  case  elect  which  one  of  the  two  methods  of  pro- 
cedure herein  provided  for  he  or  they  will  adopt.  In  any  such  action  brought  for  the  recovery  of 
damages,  the  court  before  which  the  same  shall  be  pending  may  compel  any  director,  officer,  receiver, 
trustee,  or  agent  of  the  corporation  or  company  defendant  in  such  suit  to  attend,  appear,  and 
testify  in  such  case,  and  may  compel  the  production  of  the  books  and  papers  of  such  corporation 
or  company  party  to  any  such  suit;  the  claim  that  any  such  testimony  or  evidence  mayitend  to 
criminate  the  person  giving  such  evidence  shall  not  excuse  such  witness  from  testifying,  but  such 
evidence  or  testimony  shall  not  be  used  against  such  person  on  the  trial  of  any  criminal  proceeding. 

Sec.  10.  (As  amended  March  2,  1889,  and  June  18,  1910.)  That  any  common  carrier  sub- 
ject to  the  provisions  of  this  Act,  or,  whenever  such  common  carrier  is  a  corporation,  any  director 
or  officer  thereof,  or  any  receiver,  trustee,  lessee,  agent,  or  person  acting  for  or  employed  by  such 
corporation,  who,  alone  or  with  any  other  corporation,  company,  person,  or  party,  shall  willfully 
do  or  cause  to  be  done,  or  shall  willingly  suffer  or  permit  to  be  done,  any  act,  matter,  or  thing  in 
this  Act  prohibited  or  declared  to  be  unlawful,  or  who  shall  aid  or  abet  therein,  or  shall  willfully 
omit  or  fail  to  do  any  act,  matter,  or  thing  in  this  Act  required  to  be  done,  or  shall  cause  or  willingly 
suffer  or  permit  any  act,  matter,  or  thing  so  directed  or  required  by  this  Act  to  be  done  not  to  be 
so  done,  or  shall  aid  or  abet  any  such  omission  or  failure,  or  shall  be  guilty  of  any  infraction  of  this 
Act  for  which  no  penalty  is  otherwise  provided,  or  who  shall  aid  or  abet  therein,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof  in  any  district  court  of  the  United  States 
within  the  jurisdiction  of  which  such  offense  was  committed,  be  subject  to  a  fine  of  not  to  exceed 
five  thousand  dollars  for  each  offense:  Provided,  That  if  the  offense  for  which  any  person  shall  be 


230 


National  Association  of  Railway  Commissioners 


convicted  as  aforesaid  shall  be  an  unlawful  discrimination  in  rates,  fares,  or  charges  for  the  trans- 
portation of  passengers  or  property,  such  person  shall,  in  addition  to  the  fine  hereinbefore  pro- 
vided for,  be  liable  to  imprisonment  in  the  penitentiary  for  a  term  of  not  exceeding  two  years,  or 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Any  common  carrier  subject  to  the  provisions  of  this  Act,  or,  whenever  such  common  carrier 
is  a  corporation,  any  officer  or  agent  thereof,  or  any  person  acting  for  or  employed  by  such  corpora- 
tion, who,  by  means  of  false  billing,  false  classification,  false  weighing,  or  false  report  of  weight, 
or  by  any  other  device  or  means,  shall  knowingly  and  willfully  assist,  or  shall  willingly  suffer  or 
permit,  any  person  or  persons  to  obtain  transportation  for  property  at  less  than  the  regular  rates 
then  established  and  in  force  on  the  line  of  transportation  of  such  common  carrier,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof  in  any  court  of  the  United  States  of 
competent  jurisdiction  within  the  district  in  which  such  offense  was  committed,  be  subject  to  a 
fine  of  not  exceeding  five  thousand  dollars,  or  imprisonment  in  the  penitentiary  for  a  term  of  not 
exceeding  two  years,  or  both,  in  the  discretion  of  the  court,  for  each  offense. 

Any  person,  corporation,  or  company,  or  any  agent  or  officer  thereof,  who  shall  deliver  pro- 
perty for  transportation  to  any  common  carrier  subject  to  the  provisions  of  this  Act,  or  for  whom, 
as  consignor  or  consignee,  any  such  carrier  shall  transport  property,  who  shall  knowingly  and  will- 
fully, directly  or  indirectly,  himself  or  by  employee,  agent,  officer,  or  otherwise,  by  false  billing, 
false  classification,  false  weighing,  false  representation  of  the  contents  of  the  package  or  the  sub- 
stance of  the  property,  false  report  of  weight,  false  statement,  or  by  any  other  device  or  means, 
whether  with  or  without  the  consent  or  connivance  of  the  carrier,  its  agent,  or  officer,  obtain  or 
attempt  to  obtain  transportation  for  such  property  at  less  than  the  regular  rates  then  established 
and  in  force  on  the  line  of  transportation;  or  who  shall  knowingly  and  willfully,  directly  or  in- 
directly, himself  or  by  employee,  agent,  officer,  or  otherwise,  by  false  statement  or  representation 
as  to  cost,  value,  nature,  or  extent  of  injury,  or  by  the  use  of  any  false  bill,  bill  of  lading,  receipt, 
voucher,  roll,  account,  claim,  certificate,  affidavit,  or  deposition,  knowing  the  same  to  be  false, 
fictitious,  or  fraudulent,  or  to  contain  aiiy  false,  fictitious,  or  fraudulent  statement  or  entry,  obtain 
or  attempt  to  obtain  any  allowance,  refund,  or  payment  for  damage  or  otherwise  in  connection 
with  or  growing  out  of  the  transportation  of  or  agreement  to  transport  such  property,  whether 
with  or  without  the  consent  or  connivance  of  the  carrier,  whereby  the  compensation  of  such  carrier 
for  such  transportation,  either  before  or  after  payment,  shall  in  fact  be  made  less  than  the  regular 
rates  then  established  and  in  force  on  the  line  of  transportation,  shall  be  deemed  guilty  of  fraud, 
which  is  hereby  declared  to  be  a  misdemeanor,  and  shall,  upon  conviction  thereof  in  any  court 
of  the  United  States  of  competent  jurisdiction,  within  the  district  in  which  such  offense  was  wholly 
or  in  part  committed,  be  subject  for  each  offense  to  a  fine  of  not  exceeding  five  thousand  dollars 
or  imprisonment  in  the  penitentiary  for  a  term  of  not  exceeding  two  years,  or  both,  in  the  discretion 
of  the  court:  Provided,  That  the  penalty  of  imprisonment  shall  not  apply  to  artificial  persons. 

If  any  such  person,  or  any  officer  or  agent  of  any  such  corporation  or  company,  shall,  by  pay- 
ment of  money  or  other  thing  of  value,  solicitation,  or  otherwise,  induce  or  attempt  to  induce 
any  common  carrier  subject  to  the  provisions  of  this  Act,  or  any  of  its  officers  or  agents,  to  dis- 
criminate unjustly  in  his,  its,  or  their  favor  as  against  any  other  consignor  or  consignee  in  the 
transportation  of  property,  or  shall  aid  or  abet  any  common  carrier  in  any  such  unjust  discrimi- 
nation, such  person  or  such  officer  or  agent  of  such  corporation  or  company  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction  thereof  in  any  court  of  the  United  States  of  com- 
petent jurisdiction  within  the  district  in  which  such  offense  was  committed,  be  subject  to  a  fine  of 
not  exceeding  five  thousand  dollars,  or  imprisonment  in  the  penitentiary  for  a  term  of  not  exceed- 
ing two  years,  or  both,  in  the  discretion  of  the  court,  for  each  offense;  and  such  person,  corporation, 
or  company  shall  also,  together  with  said  common  carrier,  be  liable,  jointly  or  severally,  in  an  action 
to  be  brought  by  any  consignor  or  consignee  discriminated  against  in  any  court  of  the  United 
States  of  competent  jurisdiction  for  all  damages  caused  by  or  resulting  therefrom. 

Sec.  11.  That  a  Commission  is  hereby  created  and  established  to  be  known  as  the  Interstate 
Commerce  Commission,  which  shall  be  composed  of  five  Commissioners,  who  shall  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate.  The  Commissioners  first 
appointed  under  this  Act  shall  continue  in  office  for  the  term  of  two,  three,  four,  five,  and  six  years, 
respectively,  from  the  first  day  of  January,  Anno  Domini  eighteen  hundred  and  eighty-seven,  the 
term  of  each  to  be  designated  by  the  President;  but  their  successors  shall  be  appointed  for  terms 
of  six  years,  except  that  any  person  chosen  to  fill  a  vacancy  shall  be  appointed  only  for  the  unex- 
pired time  of  the  Commissioner  whom  he  shall  succeed.  Any  Commissioner  may  be  removed 
by  the  President  for  inefficiency,  neglect  of  duty,  or  malfeasance  in  office.  Not  more  than  three 
of  the  Commissioners  shall  be  appointed  from  the  same  political  party.  No  person  in  the  employ 
of  or  holding  any  official  relation  to  any  common  carrier  subject  to  the  provisions  of  this  Act,  or 
owning  stock  or  bonds  thereof,  or  who  is  in  any  manner  pecuniarily  interested  therein,  shall  enter 
upon  the  duties  of  or  hold  such  office.  Said  Commissioners  shall  not  engage  in  any  other  business, 
vocation,  or  employment.  No  vacancy  in  the  Commission  shall  impair  the  right  of  the  remain- 
ing Commissioners  to  exercise  all  the  powers  of  the  Commission.  (See  section  S4,  enlarging  Com- 
mission and  increasing  salaries.) 

Sec.  12.  {As  amended  March  2,_  1889,  and  February  10,  1891.)  That  the  Commission  hereby 
created  shall  have  authority  to  inquire  into  the  management  of  the  business  of  all  common  carriers 
subject  to  the  provisions  of  this  Act,  and  shall  keep  itself  informed  as  to  the  manner  and  method 


% 


Penalties  for  faU 
billing,  etc.,  by  cai 
riers,  their  officer 
or  agents:  Fine  an< 
impriaonment. 


I 


Penalties  for  fala 
billing,  etc.,  by  ship 
pera  and  othei  pei 
sons:  Fine  i 
prison  ment. 


Penalties  for  ii 
ducing  common  ea 
hers  to  discrimi  lal 
unju3tly:  Fine  an 
imprisonment.  '»  >ii 
liability  with  ca 
rier  for  damage  . 


Interstate  C  >n 
merce  Commiss  ioj 
era — how  appoic  :ei 


Terms    ot    C  an 
missioners.  , 


Power  and  du( 
of  Commission  \ 
inquire  into  busind 
of  carriers  and  ke< 
itaolf  informed 
regard  thereto. 


Federal  Laws  Regulating  Commerce 


231 


Commission  re- 
quired to  execute 
and  enforce  provi- 
sions of  this  Act. 

Duty  of  district 
attorney  to  prose- 
cute under  direction 
of  Attorney-General. 

Coats  and  e-Tpenges 
of  prosecution  to  be 
paid  out  of  appro- 
priation for  courts. 

Power  of  Cora- 
mission  to  require 
Attendance  and  tes- 
timony of  witnesses 
and  production  of 
documentary  evi- 
dence. 

<  ■  mmission  may 
■  aid  of  courts 
ipel  witnesses 
-nd  and  testi- 


Penalty  for  diso- 
l>edience  to  order  of 
the  court. 


Claim  that  testi- 
mony or  evidence 
irill  tend  to  crimi- 
»ate  will  not  excuse 
tritness. 


L Testimony      may 
f  taken  by  deposi- 
tion. 

Commission  may 
>rder  testimony  to 
be  taken  by  deposi- 
tion. 


Reasonable  notice 
must  be  jriven. 

Testimony  by 
deposition  may  be 
sompelled  in  the 
lame  manner  as 
ibove  specified. 

Manner  of  taking 
depositions. 


When  witness  is 
in  a  foreign  country. 

Depositions  must 
be  filed  with  the 
Commission. 

Fees  of  witnesses 
uid  magistrates. 


Com  plaints  t  o 
Commission.  How 
and  by  whom  made. 
How  served  upon 
carriers. 


_  Reparation  by  car- 
riers before  investi- 
sation. 

Investigations  of 
complaints  by  the 
Commission. 


in  which  the  same  is  conducted,  and  shall  have  the  right  to  obtain  from  such  common  carriers 
full  and  complete  information  necessary  to  enable  the  Commission  to  perform  the  duties  and  carry 
out  the  objects  for  which  it  was  created;  and  the  Commission  is  hereby  authorized  and  required 
to  execute  and  enforce  the  provisions  of  this  Act;  and,  upon  the  request  of  the  Commission,  it  shall 
be  the  duty  of  any  district  attorney  of  the  United  States  to  whom  the  Commission  may  apply 
to  institute  in  the  proper  court  and  to  prosecute  under  the  direction  of  the  Attorney-General  of  the 
United  States  all  necessary  proceedings  for  the  enforcement  of  the  provisions  of  this  Act  and  for 
the  punishment  of  all  violations  thereof,  and  the  costs  and  expenses  of  such  prosecution  shall  be 
paid  out  of  the  appropriation  for  the  expenses  of  the  courts  of  the  United  States;  and  for  the  pur- 
poses of  this  Act  the  Commission  shall  have  the  pOwer  to  require,  by  subpoena,  the  attendance 
and  testimony  of  witnesses  and  the  production  of  all  books,  papers,  tariffs,  contracts,  agreements, 
and  documents  relating  to  any  matter  under  investigation. 

Such  attendance  of  witnesses,  and  the  production  of  such  documentary  evidence,  may  be 
required  from  any  place  in  the  United  States,  at  any  designated  place  of  hearing.  And  in  case  of 
disobedience  to  a  subpoena  the  Commission,  or  any  party  to  a  proceeding  before  the  Commission, 
may  invoke  the  aid  of  any  court  of  the  United  States  in  requiring  the  attendance  and  testimony 
of  witnesses  and  the  production  of  books,  papers,  and  documents  under  the  provisions  of  this 
section. 

And  any  of  the  circuit  courts  of  the  United  States  within  the  jurisdiction  of  which  such  in- 
quiry is  carried  on  may,  in  case  of  contumacy  or  refusal  to  obey  a  subpoena  issued  to  any  common 
carrier  subject  to  the  provisions  of  this  Act,  or  other  person,  issue  an  order  requiring  such  common 
carrier  or  other  person  to  appear  before  said  Commission  (and  produce  books  and  papers  if  so  ordered) 
and  give  evidence  touching  the  matter  in  question;  and  any  failure  to  obey  such  order  of  the  court 
may  be  punished  by  such  court  as  a  contempt  thereof.  The  claim  that  any  such  testimony  or 
evidence  may  tend  to  criminate  the  person  giving  such  evidence  shall  not  excuse  such  witness 
from  testifying;  but  such  evidence  or  testimony  shall  not  be  used  against  such  person  on  the  trial 
of   any   criminal  proceeding. 

The  testimony  of  any  witness  may  be  taken,  at  the  instance  of  a  party  in  any  proceeding 
or  investigation  pending  before  the  Commission,  by  deposition,. at  any  time  after  a  cause  or  pro- 
ceeding is  at  issue  on  petition  and  answer.  The  Commission  may  also  order  testimony  to  be 
taken  by  deposition  in  any  proceeding  or  investigation  pending  before  it,  at  any  stage  of  such 
proceeding  or  investigation.  Such  depositions  may  be  taken  before  any  judge  of  any  court  of  the 
United  States,  or  any  commissioner  of  a  circuit,  or  any  clerk  of  a  district  or  circuit  court,  or  any 
chancellor,  juctice,  or  judge  of  a  supreme  or  superior  court,  mayor  or  chief  magistrate  of  a  city, 
judge  of  a  county  court,  or  court  of  common  pleas  of  any  of  the  United  States,  or  any  notary  public, 
not  being  of  counsel  or  attorney  to  either  of  the  parties,  nor  interested  in  the  event  of  the  pro- 
ceeding or  investigation.  Reasonable  notice  must  first  be  given  in  writing  by  the  party,  or  his 
attorney,  proposing  to  take  such  deposition  to  the  opposite  party  or  his  attorney  of  record,  as  either 
may  be  nearest,  which  notice  shall  state  the  name  of  the  witness  and  the  time  and  place  of  the 
taking  of  his  deposition.  Any  person  may  be  compelled  to  appear  and  depose,  and  to  produce 
documentary  evidence,  in  the  same  manner  as  witnesses  may  be  compelled  to  appear  and  testi- 
fy and  produce  documentary  evidence  before  the  Commission  as  hereinbefore  provided. 

Every  person  deposing  as  herein  provided  shall  be  cautioned  and  sworn  (or  affirm,  if  he  so 
request)  to  testify  the  whole  truth,  and  shall  be  carefully  examined.  His  testimony  shall  be  re- 
duced to  writing  by  the  magistrate  taking  the  deposition,  or  under  his  direction,  and  shall,  after 
it  has  been  reduced  to  writing,  be  subscribed  by  the  deponent. 

If  a  witness  whose  testimony  may  be  desired  to  be  taken  by  deposition  be  in  a  foreign  coimtry, 
the  deposition  may  be  taken  before  an  officer  or  person  designated  by  the  Commission,  or  agreed 
upon  by  the  parties  by  stipulation  in  writing  to  be  filed  with  the  Commission.  All  depositions 
must  be  promptly  filed  with  the  Commission. 

Witnesses  whose  depositions  are  taken  pursuant  to  this  Act,  and  the  magistrate  or  other 
officer  taking  the  same,  shall  severally  be  entitled  to  the  same  fees  as  are  paid  for  like  services  in 
the  courts  of  the  United  States. 

Sec.  13.  (As  amended  June  18,  1910.)  That  any  person,  firm,  corporation,  company,  or 
association,  or  any  mercantile,  agricultural,  or  manufacturing  society  or  other  organization,  or 
any  body  politic  or  municipal  organization,  or  any  common  carrier,  complaining  of  anything 
done  or  omitted  to  be  done  by  any  common  carrier  subject  to  the  provisions  of  this  Act,  in 
contravention  of  the  provisions  thereof,  may  apply  to  said  Commission  by  petition,  which 
shall  briefly  state  the  facts;  whereupon  a  statement  of  the  complaint  thus  made  shall  be 
forwarded  by  the  Commission  to  such  common  carrier,  who  shall  be  called  upon  to  satisfy 
the  complaint,  or  to  answer  the  same  in  writing,  within  a  reasonable  time,  to  be 
specified  by  the  Commission.  If  such  common  carrier  within  the  time  specified  shall  make 
reparation  for  the  injury  alleged  to  have  been  done,  the  common  carrier  shall  be  relieved  of  liability 
to  the  complainant  only  for  the  particular  violation  of  law  thus  complained  of.  If  such  carrier  or 
carriers  shall  not  satisfy  the  complaint  within  the  time  specified,  or  there  shall  appear  to  be  any 
reasonable  ground  for  investigating  said  complaint,  it  shall  be  the  duty  of  the  Commission  to  in- 
vestigate the  matters  complained  of  in  such  manner  and  by  such  means  as  it  shall  deem  proper. 

Said  Commission  shall,  in  like  manner  and  with  the  same  authority  and  powers,  investigate 
any  complaint  forwarded  by  the  railroad  commissioner  or  railroad  commission  of  any  State  or 


232 


National  Association  of  Railway  Commissioners 


Territory  at  the  request  of  such  commissioner  or  commission,  and  the  Interstate  Commerce  Com- 
mission shall  have  full  authority  and  power  at  any  time  to  institute  an  inquiry,  on  its  own  motion, 
in  any  case  and  as  to  any  matter  or  thing  concerning  which  a  complaint  is  authorized  to  be  made, 
to  or  before  said  Commission  by  any  provision  of  this  Act,  or  concerning  which  any  question  may 
arise  under  any  of  the  provisions  of  this  Act,  or  relating  to  the  enforcement  of  any  of  the  provisions 
of  this  Act.  And  the  said  Commission  shall  have  the  same  powers  and  authority  to  proceed  with 
any  inquiry  instituted  on  its  own  motion  as  though  it  had  been  appealed  to  by  complaint  or  petition 
under  any  of  the  provisions  of  this  Act,  including  the  power  to  make  and  enforce  any  order  or  orders 
in  the  case,  or  relating  to  the  matter  or  thing  concerning  which  the  inquiry  is  had  excepting  orders 
for  the  payment  of  money.  No  complaint  shall  at  any  time  be  dismissed  because  of  the  absence 
of  direct  damage  to  the  complainant. 

Sec.  14.  (Amended  March  2,  1889,  and  June  29,  1906.)  That  whenever  an  investigation  shall 
be  made  by  said  Commission,  it  shall  be  its  duty  to  make  a  report  in  writing  in  respect  thereto, 
which  shall  state  the  conclusions  of  the  Commission,  together  with  its  decision,  order,  or  require- 
ment in  the  premises;  and  in  case  damages  are  awarded  such  report  shall  include  the  findings  of 
fact  on  which  the  award  is  made. 

All  reports  of  investigations  made  by  the  Commission  shall  be  entered  of  record,  and  a  copy 
thereof  shall  be  furnished  to  the  party  who  may  have  complained,  and  to  any  common  carrier 
that  may  have  been  complained  of. 

The  Commission  may  pro\'ide  for  the  publication  of  its  reports  and  decisions  in  such  form 
and  manner  as  may  be  beet  adapted  for  public  information  and  use,  and  such  authorized  publi- 
cations shall  be  competent  evidence  of  the  reports  and  decisions  of  the  Commission  therein  con- 
tained in  all  courts  of  the  United  States  and  of  the  several  States  without  any  further  proof  or 
authentification  thereof.  The  Commission  may  also  cause  to  be  printed  for  early  distribution 
its  annual  reports. 

Sec.  15.  {As  amended  June  29,  1906,  and  June  18,  1910.)  That  whenever,  after  full  hearing 
upon  a  complaint  made  as  provided  in  section  thirteen  of  this  Act,  or  after  full  hearing  under  an 
order  for  investigation  and  hearing  made  by  the  Commission  on  its  own  initiative  (either  in  exten-. 
sion  of  any  pending  complaint  or  without  any  complaint  whatever),  the  Commission  shall  be  of 
opinion  that  any  individual  or  joint  rates  or  charges  whatsoever  demanded,  charged,  or  collected 
by  any  common  carrier  or  carriers  subject  to  the  provisions  of  this  Act  for  the  transportation  of 
persons  or  property  or  for  the  transmission  of  messages  by  telegraph  or  telephone  as  defined  in  the 
first  section  of  this  Act,  or  that  any  individual  or  joint  classifications,  regulations,  or  practices 
whatsoever  of  such  carrier  or  carriers  subject  to  the  provisions  of  this  Act  are  unjust  or  unreason- 
able or  unjustly  discriminatory,  or  unduly  preferential  or  prejudicial  or  otherwise  in  violation  of 
any  of  the  provisions  of  this  Act,  the  Commission  is  hereby  authorized  and  empowered  to  deter- 
mine and  prescribe  what  will  be  the  just  and  reasonable  individual  or  joint  rate  or  rates,  charge  or 
charges,  to  be  thereafter  observed  in  such  case  as  the  maximum  to  be  charged,  and  what  individual 
or  joint  classification,  regulation,  or  practice  is  just,  fair,  and  reasonable,  to  be  thereafter  followed, 
and  to  make  an  order  that  the  carrier  or  carriers  shall  cease  and  desist  from  such  violation  to  the 
extent  to  which  the  Commission  finds  the  same  to  exist,  and  shall  not  thereafter  pubUsh,  demand, 
or  collect  any  rate  or  charge  for  such  transportation  or  transmission  in  excess  of  the  maximum 
rate  or  charge  so  prescribed,  and  shall  adopt  the  classification  and  shall  conform  to  and  observe 
the  regulation  or  practice  so  prescribed.  All  orders  of  the  Commission,  except  orders  for  the  pay- 
ment of.  money,  shall  take  effect  within  such  reasonable  time,  not  less  than  thirty  days,  and  shall 
continue  in  force  for  such  period  of  time,  not  exceeding  two  years,  as  shall  be  prescribed  in  the 
order  of  the  Commission,  unless  the  same  shall  be  suspended  or  modified  or  set  aside  by  the  Com- 
mission, or  be  suspended  or  set  aside  by  a  court  of  competent  jurisdiction.  Whenever  the  carrier 
or  carriers,  in  obedience  to  such  order  of  the  Commission  or  otherwise,  in  respect  to  joint  rates, 
fares,  or  charges,  shall  fail  to  agree  among  themselves  upon  the  apportionment  or  division  thereof, 
the  Commission  may,  after  hearing,  make  a  supplemental  order  prescribing  the  just  and  reason- 
able proportion  of  such  joint  rate  to  be  received  by  each  carrier  party  thereto,  which  order  shall 
take  effect  as  a  part  of  the  original  order. 

Whenever  there  shall  be  filed  with  the  Commission  any  schedule  stating  a  new  individual  or  joint 
rate,  fare,  or  charge,  or  any  new  individual  or  joint  classification,  or  any  new  individual  or  joint  regu- 
lation or  practice  affecting  any  rate,  fare,  or  charge,  the  Commission  shall  have,  and  it  is  hereby  given, 
authority,  either  upon  complaint  or  upon  its  own  initiative  without  complaint,  at  once,  and  if  it  so 
orders,  without  answer  or  other  formal  pleading  by  the  interested  carrier  or  carriers,  but  upon  reason- 
able notice,  to  enter  upon  a  hearing  concerning  the  propriety  of  such  rate,  fare,  charge,  classi- 
fication, regulation,  or  practice;  and  pending  such  hearing  and  the  decision  thereon  the  Commission 
upon  filing  with  such  schedule  and  delivering  to  the  carrier  or  carriers  affected  thereby  a  state- 
ment in  writing  of  its  reasons  for  such  suspension  may  suspend  the  operation  of  such  schedule  and 
defer  the  use  of  such  rate,  fare,  charge,  classification,  regulation,  or  practice,  but  not  for  a  longer 
period  than  one  hundred  and  twenty  days  beyond  the  time  when  such  rate,  fare,  charge,  classi- 
fication, regulation,  or  practice  would  otherwise  go  into  effect;  and  after  full  hearing,  whether 
completed  before  or  after  the  rate,  fare,  charge,  classification,  regulation,  or  practice  goes  into 
effect,  the  Commission  may  make  such  order  in  reference  to  such  rate,  fare,  charge,  classification, 
regulation,  or  practice  as  would  be  proper  in  a  proceeding  initiated  after  the  rate,  fare,  charge, 
classification,  regulation,  or  practice  had  become  effective:  Provided,  That  if  any  such  hearing  can 


^ 


Commission  m 
issue   orders   in 
vestigations     be( 
on  its  own  motion 


Commissic<n  in 
make  report  of 
vestigations,  stat 
its   conclusions   i 

order. 


Reparation , 

Reports  of  inve 
gutions  must  be 
t  e  r  e  d   of    rec< 

Service  of  c(  pies 
parties. 

Reports    a  id 

cisions.  Aut  lori 
publication  con 
tent  evidenci . 


Publicatio  a 
distribution  of 
nual  reports  ( f  C 
mission. 

Commisaic  i  i 
determine  ai  i 
sjribe  ju&t  a  d 
sonable  rate  i 
classification  tc 
observed  as  m 
mum  charget 


Commissio  i  i 
determine  w  d 
scribe  just  a  d 
6onable  refci  at 
or  practices.  C 
mission  ma^  o 
carriers  to  ce  se 
desist  from  ull 
tent  of  vii  lai 
found.  Ord  ?rs 
the  Commis  io! 
fective  as  pre  cr 
but  in  not  le  s 
thirty  days. 

Orders  shi  U 
tinue  in  for  -e 
exceeding  twt  y 
unless  suspen  ie< 
set  a^ide  by  C 
mission  or  «  ur 

When  carri  jra 
to  agree  on  d  ^i: 
of  joint  rate  C 
mission  ma  \- 
scribe  propo  ti< 
such  rateito  bi 
ceived  by^ea  .'h 
rier. 

Investigation  oi 
schedules. 


n 


Commiasic  n 
suspend  new  sc 
ules. 


I 


Commiuioii 
ntend  nupfow 


Federal  Laws  Eegulating  Commerce 


233 


Burden  of  proof  on 

irr:  ■•  as  to  reason- 

-<  of  increased 


Commission  may 
IBtablish  through 
EOutes  and  j.o  i  n  t 
sates  and  elassifica- 
ions. 


Limitation      on 
hrougti  route  pow- 


!  Seieetion  of  route 
\y  aiiipper. 


f  Unlawful  to  give 
r  receive  informa- 
ion  relative  to  riv- 
W  shipments. 


Exceptions. 


Penalty. 


Commission  ma.v 
etermine  just  and 
Msonable  charge  or 
llowance  rendered 
y  owner  of  prop- 
rty  transported  or 
ff  any  instrumen- 
llity  furnished  by 
ich  owner  and  used 
I  such    transporta- 


not  be  concluded  within  the  period  of  suspension,  as  above  stated,  the  Interstate  Commerce  Com- 
mission may,  in  its  discretion,  extend  the  time  of  suspension  for  a  further  period  not  exceeding 
six  months.  At  any  hearing  involving  a  rate  increased  after  January  first,  nineteen  hundred 
and  ten,  or  of  a  rate  sought  to  be  increased  after  the  passage  of  this  Act,  the  burden  of  proof  to 
show  that  the  increased  rate  or  proposed  increased  rate  is  just  and  reasonable  shall  be  upon  the 
common  carrier,  and  the  Commission  shall  give  to  the  hearing  and  decision  of  such  questions 
preference  over  all  othei^uestions  pending  before  it  and  decide  the  same  as  speedily  as  possible. 

The  Commission  may  also,  after  hearing,  on  a  complaint  or  upon  its  own  initiative  without 
complaint,  establish  through  routes  and  joint  classifications,  and  may  establish  joint  rates  as  the 
maximum  to  be  charged  and  may  prescribe  the  division  of  such  rates  as  hereinbefore  provided  and 
the  terms  and  conditions  under  which  such  through  routes  shall  be  operated,  whenever  the  carriers 
themselves  shall  have  refused  or  neglected  to  establish  voluntarily  such  through  routes  or  joint 
classifications  or  joint  rates;  and  this  provision  shall  apply  when  one  of  the  connecting  carriers 
is  a  water  line.  The  Commission  shall  not,  however,  establish  any  through  route,  classification,  or 
rate  between  street  electric  passenger  railways  not  engaged  in  the  general  business  of  transporting 
freight  in  addition  to  their  passenger  and  express  business  and  railroads  of  a  difTerent  character, 
nor  shall  the  Commission  have  the  right  to  establish  any  route,  classification,  rate,  fare,  or  charge 
when  the  transportation  is  wholly  by  water,  and  any  transportation  by  water  affected  by  this 
Act  shall  be  subject  to  the  laws  and  regulations  applicable  to  transportation  by  water. 

And  in  establishing  such  through  route,  the  Commission  shall  not  require  any  company, 
without  its  consent,  to  embrace  in  such  route  substantially  less  than  the  entire  length  of  its  railroad 
and  of  any  intermediate  railroad  operated  in  conjunction  and  under  a  common  management  or 
control  therewith  which  lies  between  the  termini  of  such  proposed  through  route,  unless  to  do 
so  would  make  such  through  route  unreasonably  long  as  compared  with  another  practicable  through 
route  which  could  otherwise  be  established. 

In  all  cases  where  at  the  time  of  delivery  of  property  to  any  railroad  corporation  being  a  common 
carrier,  for  transportation  subject  to  the  provisions  of  this  Act  to  any  point  of  destination,  between 
which  and  the  point  of  such  delivery  for  shipment  two  or  more  through  routes  and  through  rates 
shall  have  been  established  as  in  this  Act  provided  to  which  through  routes  and  through  rates 
such  carrier  is  a  party,  the  person,  firm,  or  corporation  making  such  shipment,  subject  to  such 
reasonable  exceptions  and  regulations  as  the  Interstate  Commerce  Commission  shall  from  time 
to  time  prescribe,  shall  have  the  right  to  designate  in  writing  by  which  of  such  through  routes  such 
property  shall  be  transported  to  destination,  and  it  shall  thereupon  be  the  duty  of  the  initial  carrier 
to  route  said  property  and  issue  a  through  bill  of  lading  therefor  as  so  directed,  and  to  transport 
said  property  over  its  own  line  or  lines  and  deliver  the  same  to  a  connecting  line  or  lines  accord- 
ing to  such  through  route,  and  it  shall  be  the  duty  of  each  of  said  connecting  carriers  to  receive 
said  property  and  transport  it  over  the  said  line  or  lines  and  deliver  the  same  to  the  next  succeeding 
carrier  or  consignee  according  to  the  routing  instructions  in  said  bill  of  lading:  Provided,  however, 
That  the  shipper  shall  in  all  instances  have  the  right  to  determine,  where  competing  lines  of  rail- 
road constitute  portions  of  a  through  line  or  route,  over  which  of  said  competing  lines  so  constituting 
a  portion  of  said  through  line  or  route  his  freight  shall  be  transported. 

It  shall  be  unlawful  for  any  common  carrier  subject  to  the  provisions  of  this  Act,  or  any  officer, 
agent,  or  employee  of  such  common  carrier,  or  for  any  other  person  or  corporation  lawfully  author- 
ized by  such  common  carrier  to  receive  information  therefrom,  knowingly  to  disclose  to  or  permit 
to  be  acquired  by  any  person  or  corporation  other  than  the  shipper  or  consignee,  without  the  con- 
sent of  such  shipper  or  consignee,  any  information  concerning  the  nature,  kind,  quantity,  destination, 
consignee,  or  routing  of  any  property  tendered  or  delivered  to  sugh  common  carrier  for  interstate 
transportation,  which  information  may  be  used  to  the  detriment  or  prejudice  of  such  shipper  or 
consignee,  or  which  may  improperly  disclose  his  business  transactions  to  a  competitor;  and  it 
shall  also  be  unlawful  for  any  person  or  corporation  to  solicit  or  knowingly  receive  any  such  infor- 
mation which  may  be  so  used:  Provided,  That  nothing  in  this  Act  shall  be  construed  to  prevent 
the  giving  of  such  information  in  response  to  any  legal  process  issued  under  the  authority  of  any 
state  or  federal  court,  or  to  any  officer  or  agent  of  the  Government  of  the  United  States,  or  of 
any  State  or  Territory,  in  the  exercise  of  his  powers,  or  to  any  officer  or  other  duly  authorized 
person  seeking  such  information  for  the  prosecution  of  persons  charged  with  or  suspected  of  crime; 
or  information  given  by  a  common  carrier  to  another  carrier  or  its  duly  authorized  agent,  for  the 
purpose  of  adjusting  mutual  traffic  accounts  in  the  ordinary  course  of  business  of  such  carriers. 

Any  person,  corporation,  or  association  violating  any  of  the  provisions  of  the  next  preceding 
paragraph  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  for  each  offense,  on  con- 
viction, shall  pay  to  the  United  States  a  penalty  of  not  more  than  one  thousand  dollars. 

If  the  owner  of  property  transported  under  this  Act  directly  or  indirectly  renders  any  service 
connected  with  such  transportation,  or  furnishes  any  instrumentality  used  therein,  the  charge 
and  allowance  therefor  shall  be  no  more  than  is  just  and  reasonable,  and  the  Commission  may, 
after  hearing  on  a  complaint  or  on  its  own  initiative,  detetmine  what  is  a  reasonable  charge  as 
the  maximum  to  be  paid  by  the  carrier  or  carriers  for  the  services  so  rendered  or  for  the  use  of  the 
instrumentality  so  furnished,  and  fix  the  same  by  appropriate  order,  which  order  shall  have  the 
same  force  and  effect  and  be  enforced  in  like  manner  as  the  orders  above  provided  for  under  this 
section. 


234 


National  Association  of  Eailway  Commissioners 


I 


The  foregoing  enumeration  of  powers  shall  not  exclude  any  power  which  the  Commission 
would  otherwise  have  in  the  making  of  an  order  under  the  provisions  of  this  Act. 

Sec.  16.  {Ametided  March  2,  1889,  June  29,  1906,  and  June  18,  1910.)  That  if,  after  hearing 
on  a  complaint  made  as  provided  in  section  thirteen  of  this  Act,  the  Commission  shall  determine 
that  any  party  complainant  is  entitled  to  an  award  of  damages  under  the  provisions  of  this  Act 
for  a  violation  thereof,  the  Commission  shall  make  an  order  directing  the  carrier  to  pay  to  the 
complainant  the  sum  to  which  he  is  entitled  on  or  before  a  day  named. 

If  a  carrier  does  not  comply  with  an  order  for  the  payment  of  money  within  the  time  limit  in 
such  order,  the  complainant,  or  any  person  for  whose  benefit  such  order  was  made,  may  file  in  the 
circuit  court  of  the  United  States  for  the  district  in  which  he  resides  or  in  which  is  located  the 
principal  operating  office  of  the  carrier,  or  through  which  the  road  of  the  carrier  runs,  or  in  any 
state  court  of  general  jurisdiction  having  jurisdiction  of  the  parties,  a  petition  setting  forth  briefly 
the  causes  for  which  he  claims  damages,  and  the  order  of  the  Commission  in  the  premises.  Such 
suit  in  the  circuit  court  of  the  United  States  shall  proceed  in  all  respects  like  other  civil  suits  for 
damages,  except  that  on  the  trial  of  such  suit  the  findings  and  order  of  the  Commission  shall  be 
prima  facie  evidence  of  the  facts  therein  stated,  and  except  that  the  petitioner  shall  not  be  liable 
for  costs  in  the  circuit  court  nor  for  costs  at  any  subsequent  stage  of  the  proceedings  unless  they 
accrue  upon  his  appeal.  If  the  petitioner  shall  finally  prevail  he  shall  be  allowed  a  reasonable 
attorney's  fee,  to  be  taxed  and  collected  as  a  part  of  the  costs  of  the  suit.  All  complaints  for  the 
recovery  of  damages  shall  be  filed  with  the  Commission  within  two  years  from  the  time  the  cause 
of  action  accrues,  and  not  after,  and  a  petition  for  the  enforcement  of  an  order  for  the  payment  of 
money  shall  be  filed  in  the  circuit  court  or  state  court  within  one  year  from  the  date  of  the  order, 
and  not  after. 

In  such  suits  all  parties  in  whose  favor  the  Commission  may  have  made  an  award  for  damages 
by  a  single  order  may  be  joined  as  plaintiffs,  and  all  of  the  carriers  parties  to  such  order  awarding 
such  damages  may  be  joined  as  defendants,  and  such  suit  may  be  maintained  by  such  joint  plain- 
tiffs and  against  such  joint  defendants  in  any  district  where  any  one  of  such  joint  plaintiffs  could 
maintain  such  suit  against  any  one  of  such  joint  defendants;  and  service  of  process  against  any  one 
of  such  defendants  as  may  not  be  found  in  the  district  where  the  suit  is  brought  may  be  made  in 
any  district  where  such  defendant  carrier  has  its  principal  operating  office.  In  case  of  such  joint 
suit  the  recovery,  if  any,  may  be  by  judgment  in  favor  of  any  one  of  such  plaintiffs  against  the 
defendant  found  to  be  liable  to  such  J)laintiff. 

Every  order  of  the  Commission  shall  be  forthwith  served  upon  the  designated  agent  of  the 
carrier  in  the  city  of  Washington  or  in  such  other  manner  as  may  be  provided  by  law. 

The  Commission  shall  be  authorized  to  suspend  or  modify  its  orders  upon  such  notice  and  in 
such  manner  as  it  shall  deem  proper. 

It  shall  be  the  duty  of  every  common  carrier,  its  agents  and  employees,  to  observe  and  comply 
with  such  orders  so  long  as  the  same  shall  remain  in  effect. 

Any  carrier,  any  officer,  representative,  or  agent  of  a  carrier,  or  any  receiver,  trustee,  lessee,  or 
agent  of  either  of  them,  who  knowingly  fails  or  neglects  to  obey  any  order  made  under  the  pro- 
visions of  section  fifteen  of  this  Act  shall  forfeit  to  the  United  States  the  sum  of  five  thousand  dollars 
for  each  offense.  Every  distinct  violation  shall  be  a  separate  offense,  and  in  case  of  a  continuing 
violation  each  day  shall  bef  deemed  a  separate  offense. 

The  forfeiture  provided  for  in  this  Act  shall  be  payable  into  the  Treasury  of  the  United  States, 
and  shall  be  recoverable  in  a  civil  suit  in  the  name  of  the  United  States,  brought  in  the  district 
where  the  carrier  has  its  principal  operating  office,  or  in  any  district  through  which  the  road  of  the 
carrier  runs. 

It  shall  be  the  duty  of  the  various  district  attorneys,  under  the  direction  of  the  Attorney-General 
of  the  United  States,  to  prosecute  for  the  recovery  of  forfeitures.  The  costs  and  expenses  of  such 
prosecution  shall  be  paid  out  of  the  appropriation  for  the  expenses  of  the  courts  of  the  United 
States. 

The  Commission  may  employ  such  attorneys  as  it  finds  necessary  for  proper  legal  aid  and  ser- 
vice of  the  Commission  or  its  members  in  the  conduct  of  their  work  or  for  proper  representation 
of  the  public  interests  in  investigations  made  by  it  or  cases  or  proceedings  pending  before  it,  whether 
at  the  Commission's  own  instance  or  upon  complaint,  or  to  appear  for  and  represent  the  Commission 
in  any  case  pending  in  the  commerce  court;  and  the  expense  of  such  employment  shall  be  paid  out 
of  the  appropriation  for  the  Commission. 

If  any  carrier  fails  or  neglects  to  obey  any  order  of  the  Commission  other  than  for  the  pay- 
ment of  money,  while  the  same  is  in  effect,  the  Interstate  Commerce  Commission  or  any  party 
injured  thereby,  or  the  United  States,  by  its  Attorney-General,  may  apply  to  the  Commerce 
Court  for  the  enforcement  of  such  order.  If,  after  hearing,  that  Court  determines  that  the  order 
was  regularly  made  and  duly  served,  and  that  the  carrier  is  in  disobedience  of  the  same,  the  Court 
shall  enforce  obedience  to  such  order  by  a  writ  of  injunction  or  other  proper  process,  mandatory 
or  otherwise,  to  restrain  such  carrier,  its  officers,  agents,  or  representatives,  from  further  dis- 
obedience of  such  order,  or  to  enjoin  upon  it  or  them  obedience  to  the  same. 

The  copies  of  schedules  and  classifications  and  tariffs  of  rates,  fares,  and  charges,  and  of  all 
contracts,  agreements,  and  arrangements  between  common  carriers  filed  with  the  Commission 
as  herein  provided,  and  the  statistics,  tables,  and  figures  contained  in  the  annual  or  other  reports 
of  carriers  made  to  the  Commission  as  required  under  the  provisions  of  this  Act  shall  be  preserved 


Enumeration  o 
powers  in  this  seo 
tion  not  exclusive. 

.\ward  of  dam 
ages  by  Conimia 
sion. 


Petition  to  Unite* 
States  court  in  caai 
carrier  does  not  com 
ply  witli  order  fo: 
payment  of  money. 


Findings  of  fsct  0 
Commission  shi  il  b< 
prima  facie  evic  end 
in  reparation  cases. 

Petitioner  no:  U 
able  for  costs  il  cir 
cuit  court. 

Petitioner's  a  tor 
ney's  fees. 


Limitation 
action. 


II 


Joint  plain  iffij 
may  sue  joint  dO' 
fendants  in  co  irta 
on  awards  of  d  m- 


Service  of  proc  i 

.4 

Ser\  ice    oi    oc  I 
of  Commission. 


Commission  n  ay 
suspend  or  moc  fy 
order. 

Carriers,  t  h  i  i  r 
a^enu  and  empi  y- 
ees,  must  com  ly 
with  .such  orden 

Punishment  jy 
forfeiture  for  refi  ^I 
to  obey  order  ol 
Commission  un-  er 
section  15. 


II 


Forfeiture  paya  'M 
into  Treasury  i  id 
recoverable  in  d  /if 
suit. 


Duty  of  disti  ct 
attorneys  to  pre  je- 
cute. 

Coats  and  ezpen  «a 
to  be  paid  out  of 
appropriation  f  }  r 
court  expenses. 

Commission  na 
employ  atton 


uon  naj 


Petition  to  Com- 
merce Court  in 
cases  of  disobedici  loa 
to  order  of  Con  I"  '°- 
sion  other  ttu 
payment  of  ni< 

Commerce    ■ 
must     enforci 
obeyed  order  i: ; .  ,- 
larly  made  and  duly 
served. 

Kate    schedul«s» 
contracts,  or  acree- 
ments,  and  ca' 
annual  report.-^ 
with    Comnr. 
and    in    rustovl>    uf 


Federal  Laws  Eegulating  Commerce 


235 


lecretary  are  public 
ecords,  receivable 
n  courts  and  by  the 
I!omm  i  ssion  as 
>rima  facie  evidence, 
i^ertified  copies  or 
sxtracta  therefrom 
ilso  prima  facie  evi- 
ience. 

Commission  may 
[rant  rehearings. 


Application  for  re- 
learing  shall  not 
tperate  as  stay  of 
troceedinga,  unless 
10  ordered  by  Com- 
nissioD. 


Commission  may, 
m  rehearing,  re- 
?^erse,  change,  or 
nodify  order. 


Interstate  C  o  m- 
nerce  Commission. 
?orm  of  procedure. 


\  Parties  may  ap- 
lear  before  the  Com- 
nission  in  person  or 
)y  attorney. 

Official  seal. 


Salaries    of    Com- 
nissiuners. 

Secretary — how 
ippointed;  salary. 

Employees. 

Offices    and    sup- 
tlies. 

\\  itnesses'  fees. 


Expenses  of  the 
i^jmmission— h  ow 
laid. 


Principal  office  of 
,he  Commission. 

Sessions  of  the 
!k)m  mission. 

Commission  may 
irosecute  inquiries 
)y  one  or  more  of 
ts  members  in  any 
art  of  the  United 
itate.s. 


Carriers  subject  to 
ict,  and  owners  of 
•ailroads  engaged  in 
nterslate  commerce 
nust  render  full  an- 
iuai  reports  to  Com- 
nissi(jn;  and  Com- 
nission  is  author- 
zed  to  prescribe 
oanncr  in  which 
eports  shall  bo 
nade  and  require 
;peciiic  answers  to 
'i!  qiR'stions. 

reports    of 
shall    con- 


Gommission  may 
irescribe  uniform 
bstem  of  accounts 
pd  manner  of  keep- 
^ig  accounts. 


as  public  records  in  the  custody  of  the  secretary  of  the  Commission,  and  shall  be  received  as  prima 
facie  evidence  of  what  they  purport  to  be  for  the  purpose  of  investigations  by  the  Commission  and 
in  all  judicial  proceedings;  and  copies  of  and  extracts  from  any  of  said  schedules,  classifications,  tariffs, 
contracts,  agreements,  arrangements,  or  reports,  made  public  records  as  aforesaid,  certified  by  the 
secretary,  under  the  Commission's  seal,  shall  be  received  in  evidence  with  like  effect  as  the  originals. 

Sec.  16a.  {Added  June  29^  1906,)  That  after  a  decision,  order,  or  requirement  has  been 
made  by  the  Commission  in  any  proceeding  any  party  thereto  may  at  any  time  make  application 
for  rehearing  of  the  same,  or  any  matter  determined  therein,  and  it  shall  be  lawful  for  the  Commission 
in  its  discretion  to  grant  such  a  rehearing  if  sufficient  reason  therefor  be  made  to  appear.  Applica- 
tions for  rehearing  shall  be  governed  by  such  general  rules  as  the  Commission  may  establish.  No 
such  application  shall  excuse  any  carrier  from  complying  with  or  obeying  any  decision,  order, 
or  requirement  of  the  Commission,  or  operate  in  any  manner  to  stay  or  postpone  the  enforcement 
thereof,  without  the  special  order  of  the  Commission.  In  case  a  rehearing  is  granted  the  pro- 
ceedings thereupon  shall  conform  as  nearly  as  may  be  to  the  proceedings  in  an  original  hearing, 
except  as  the  Commission  may  otherwise  direct;  and  if,  in  its  judgment,  after  such  rehearing  and 
the  consideration  of  all  facts,  including  those  arising  since  the  former  hearing,  it  shall  appear  that 
the  original  decision,  order,  or  requirement  is  in  any  respect  unjust  or  unwarranted,  the 
Commission  may  reverse,  change,  or  modify  the  same  accordingly.  Any  decision,  order,  or 
requirement  made  after  such  rehearing,  reversing,  changing,  or  modifying  the  original  determin- 
ation shall  be  subject  to  the  same  provisions  as  an  original  order. 

Sec.  17.  {As  amended  March  2y  1889.)  That  the  Commission  may  conduct  its  proceedings 
in  such  manner  as  will  best  conduce  to  the  proper  dispatch  of  business  and  to  the  ends  of  justice. 
A  majority  of  the  Commission  shall  constitute  a  quorum  for  the  transaction  of  business,  but  no 
Commissioner  shall  participate  in  any  hearing  or  proceeding  in  which  he  has  any  pecuniary  interest. 
Said  Commission  may,  from  time  to  time,  make  or  amend  such  general  rules  or  orders  as  may 
be  requisite  for  the  order  and  regulation  of  proceedings  before  it,  including  forms  of  notices  and 
the  service  thereof,  which  shall  conform,  as  nearly  as  may  be,  to  those  in  use  in  the  courts  of  the 
United  States.  Any  party  may  appear  before  said  Commission  and  be  heard  in  person  or  by  attor- 
ney. Every  vote  and  official  act  of  the  Commission  shall  be  entered  of  record,  and  its  proceedings 
shall  be  public  upon  the  request  of  either  party  interested.  Said  Commission  shall  have  an  official 
seal,  which  shall  be  judicially  noticed.  Either  of  the  members  of  the  Commission  may  administer 
oaths  and  affirmations  and  sign  subpoenas. 

Sec.  18.  {As  amended  March  2,  1889.)  [See  Section  24-^  increasing  salaries  of  Commissioners.] 
That  each  Commissioner  shall  receive  an  annual  salary  of  seven  thousand  five  hundred  dollars, 
payable  in  the  same  manner  as  the  judges  of  the  courts  of  the  United  States.  The  Commission 
shall  appoint  a  secretary,  who  shall  receive  an  annual  salary  of  three  thousand  five  hundred  dollars,'^ 
payable  in  like  manner.  The  Commission  shall  have  authority  to  employ  and  fix  the  compensation 
of  such  other  employees  as  it  may  find  necessary  to  the  proper  performance  of  its  duties.  Until 
otherwise  provided  by  law,  the  Commission  may  hire  suitable  offices  for  its  use,  and  shall  have 
authority  to  procure  all  necessary  office  supplies.  Witnesses  summoned  before  the  Commission 
shall  be  paid  the  same  fees  and  mileage  that  are  paid  witnesses  in  the  courts  of  the  United  States, 

All  of  the  expenses  of  the  Commission,  including  all  necessary  expenses  for  transportation 
incurred  by  the  Commissioners,  or  by  their  employees  under  their  orders,  in  making  any  investi- 
gation, or  upon  official  business  in  any  other  places  than  in  the  city  of  Washington,  shall  be  allowed 
and  paid  on  the  presentation  of  itemized  vouchers  therefor  approved  by  the  chairman  of  the  Com- 
mission. 

Sec.  19.  That  the  principal  office  of  the  Commission  shall  be  in  the  city  of  Washington,  where 
its  general  sessions  shall  be  held;  but  whenever  the  convenience  of  the  pubhc  or  the  parties  may  be 
promoted,  or  delay  or  expense  prevented  thereby,  the  Commission  may  hold  special  sessions  in  any 
part  of  the  United  States.  It  may,  by  one  or  more  of  the  Commissioners,  prosecute  any  inquiry 
necessary  to  its  duties,  in  any  part  of  the  United  States,  into  any  matter  or  question  of  fact  per- 
taining to  the  business  of  any  common  carrier  subject  to  the  provisions  of  this  Act. 

Sec.  20.  (As  amended  June  29,  1906,  February  25,  1909,  and  June  18,  1910.)  That  the  Com- 
mission is  hereby  authorized  to  require  annual  reports  from  all  common  carriers  subject  to  the 
provisions  of  this  Act,  and  from  the  owners  of  all  railroads  engaged  in  interstate  commerce  as 
defined  in  this  Act;  to  prescribe  the  manner  in  which  such  reports  shall  be  made,  and  to  require 
from  such  carriers  specific  answers  to  all  questions  upon  which  the  Commission  may  need  infor- 
mation. Such  annual  reports  shall  show  in  detail  the  amount  of  capital  stock  issued,  the  amounts 
paid  therefor,  and  the  manner  of  payment  for  the  same;  the  dividends  paid,  the  surplus  fund,  if 
any,  and  the  number  of  stockholders ;  the  funded  and  floating  debts  and  the  interest  paid  thereon ; 
the  cost  and  value  of  the  carrier's  property,  franchises,  and  equipments;  the  number  of  employees 
and  the  salaries  paid  each  class;  the  accidents  to  passengers,  employees,  and  other  persons,  and 
the  causes  thereof;  the  amounts  expended  for  improvements  each  year,  how  expended,  and  the 
character  of  such  improvements;  the  earnings  and  receipts  from  each  branch  of  business  and  from 
all  sources;  the  operating  and  other  expenses;  the  balances  of  profit  and  loss;  and  a  complete  ex- 
hibit of  the  financial  operations  of  the  carrier  each  year,  including  an  annual  balance  sheet.  Such 
reports  shall  also  contain  such  information  in  relation  to  rates  or  regulations  concerning  fares  or 


a  Increased    to  $5,000  by  sundry  civil  act  of  March  4.  1907,  34  Stat.  L..  ISH. 


236 


National  Association  of  Railway  Commissioners 


freights,  or  agreements,  arrangements,  or  contracts  affecting  the  same  as  the  Commission  may 
require;  and  the  Commission  may,  in  its  discretion,  for  the  purpose  of  enabling  it  the  better  to  carry 
out  the  purposes  of  this  Act,  prescribe  a  period  of  time  within  which  all  common  carriers  subject 
to  the  provisions  of  this  Act  shall  have,  as  near  as  may  be,  a  uniform  system  of  accounts,  and  the 
manner  in  which  such  accounts  shall  be  kept. 

Said  detailed  reports  shall  contain  all  the  required  statistics  for  the  period  of  twelve  months 
ending  on  the  thirtieth  day  of  June  in  each  year,  or  on  the  thirty-first  day  of  December  in  each 
year  if  the  Commission  by  order  substitute  that  period  for  the  year  ending  June  thirtieth,  and 
shall  be  made  out  under  oath  and  filed  with  the  Commission  at  its  office  in  Washington  within 
three  months  after  the  close  of  the  year  for  which  the  report  is  made,  unless  additional  time  be 
granted  in  any  case  by  the  Commission;  and  if  any  carrier,  person,  or  corporation  subject  to  the 
provisions  of  this  Act  shall  fail  to  make  and  file  said  annual  reports  within  the  time  above  specified, 
or  within  the  time  extended  by  the  Commission,  for  making  and  filing  the  same,  or  shall  fail  to 
make  specific  answer  to  any  question  authorized  by  the  provisions  of  this  section  within  thirty 
days  from  the  time  it  is  lawfully  required  so  to  do,  such  party  shall  forfeit  to  the  United  States 
the  sum  of  one  hundred  dollars  for  each  and  every  day  it  shall  continue  to  be  in  default  with  re- 
spect thereto.  The  Commission  shall  also  have  authority  by  general  or  special  orders  to  require 
said  carriers,  or  any  of  them,  to  file  monthly  reports  of  earnings  and  expenses,  and  to  file  periodical 
or  special,  or  both  periodical  and  special,  reports  concerning  any  matters  about  which  the  Commis- 
sion is  authorized  or  required  by  this  or  any  other  law  to  inquire  or  to  keep  itself  informed  or  which 
it  is  required  to  enforce;  and  such  periodical  or  special  reports  shall  be  under  oath  whenever  the 
Commission  so  requires;  and  if  any  such  carrier  shall  fail  to  make  and  file  any  such  periodical  or 
special  report  within  the  time  fixed  by  the  Commission,  it  shall  be  subject  to  the  forfeitures  last 
above  provided. 

Said  forfeitures  shall  be  recovered  in  the  manner  provided  for  the  recovery  of  forfeitures  under 
the  provisions  of  this  Act. 

The  oath  required  by  this  section  may  be  taken  before  any  person  authorized  to  administer 
an  oath  by  the  laws  of  the  State  in  which  the  same  is  taken. 

The  Commission  may,  in  its  discretion,  prescribe  the  forms  of  any  and  all  accounts,  records, 
and  memoranda  to  be  kept  by  carriers  subject  to  the  provisions  of  this  Act,  including  the  accounts, 
records,  and  memoranda  of  the  movement  of  traffic  as  well  as  the  receipts  and  expenditures  of 
moneys.  The  Commission  shall  at  all  times  have  access  to  all  accounts,  records,  and  memoranda 
kept  by  carriers  subject  to  this  Act,  and  it  shall  be  unlawful  for  such  carriers  to  keep  any  other 
accounts,  records,  or  memoranda  than  those  prescribed  or  approved  by  the  Commission,  and  it 
may  employ  special  agents  or  examiners,  who  shall  have  authority  under  the  order  of  the  Commis- 
sion to  inspect  and  examine  any  and  all  accounts,  records,  and  memoranda  kept  by  such  carriers. 
This  provision  shall  apply  to  receivers  of  carriers  and  operating  trustees. 

In  case  of  failure  or  refusal  on  the  part  of  any  such  carrier,  receiver,  or  trustee  to  keep  such 
accounts,  records,  and  memoranda  on  the  books  and  in  the  manner  prescribed  by  the  Commission, 
or  to  submit  such  accounts,  records,  and  memoranda  as  are  kept  to  the  inspection  of  the  Com- 
mission or  any  of  its  authorized  agents  or  examiners,  such  carrier,  receiver,  or  trustee  shall  forfeit 
to  the  United  States  the  sum  of  five  hundred  dollars  for  each  such  offense  and  for  each  and  every 
day  of  the  continuance  of  such  offense,  such  forfeitures  to  be  recoverable  in  the  same  manner  as 
other  forfeitures  provided  for  in  this  Act. 

Any  person  who  shall  willfully  make  any  false  entry  in  the  accounts  of  any  book  of  accounts 
or  in  any  record  or  memoranda  kept  by  a  carrier,  or  who  shall  willfully  destroy, 
mutilate,  alter,  or  by  any  other  means  or  device  falsify  the  record  of  any  such  account, 
record,  or  memoranda,  or  who  shall  willfully  neglect  or  fail  to  make  full,  true,  and 
correct  entries  in  such  accounts,  records,  or  memoranda  of  all  facts  and  transactions 
appertaining  to  the  carrier's  business,  or  shall  keep  any  other  accounts,  records,  or  memoranda 
than  those  prescribed  or  approved  by  the  Commission,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  subject,  upon  conviction  in  any  court  of  the  United  States  of  competent  jurisdiction, 
to  a  fine  of  not  less  than  one  thousand  dollars  nor  more  than  five  thousand  dollars  or  imprisonment 
for  a  term  not  less  than  one  year  nor  more  than  three  years,  or  both  such  fine  and  imprisonment: 
Provided,  That  the  Commission  may  in  its  discretion  issue  orders  specifying  such  operating,  account- 
ing, or  financial  papers,  records,  books,  blanks,  tickets,  stubs,  or  documents  of  carriers  which 
may,  after  a  reasonable  time,  be  destroyed,  and  prescribing  the  length  of  time  such  books,  papers, 
or  documents  shall  be  preserved. 

Any  examiner  who  divulges  any  fact  or  information  which  may  come  to  his  knowledge  during 
the  course  of  such  examination,  except  in  so  far  as  he  may  be  directed  by  the  Commission  or  by 
a  court  or  judge  thereof,  shall  be  subject,  upon  conviction  in  any  court  of  the  United  States  of 
competent  jurisdiction,  to  a  fine  of  not  more  than  five  thousand  dollars  or  imprisonment  for  a  term 
not  exceeding  two  years,  or  both. 

That  the  circuit  and  district  courts  of  the  United  States  shall  have  jurisdiction,  upon  the  appli- 
cation of  the  Attorney-General  of  the  United  States  at  the  request  of  the  Commission,  alleging 
a  failure  to  comply  with  or  a  violation  of  any  of  the  provisions  of  said  Act  to  regulate  commerce 
or  of  any  Act  supplementary  thereto  or  amendatory  thereof  by  any  common  carrier,  to  issue  a  writ 
or  writs  of  mandamus  commanding  such  common  carrier  to  comply  with  the  provisions  of  said 
Acts,  or  any  of  them. 


Annual  reports  to 
be  filed  with  Com- 
mifl8ion  by  Septem- 
ber 30  of  each  yeiir. 


Commission  may 
grant  additional 
time. 


Penalty. 


Monthly    or  p<  ri- 
iodical  reports. 


i\ 


Elecovery    of    f  -r- 
feitures. 


Oath  to  anni  al 
reports,  how  taki  a. 

Commission  m  .y 
prescribe  forma  M 
accounts,  re  c  o  r  d  i , 
and  memoranda,  a  id 
have  access  there'  o. 

Carrier  can  r  )t 
keep  other  accoui  :s 
than  those  p  > 
scribed  by  Comm  3- 
sion. 

Commission  m  y 
employ  special  «  t- 
aminer  to  inapt  ;t 
accounts  and  .  i- 
cords. 

Punishment  <  t 
carrier  bj'  forfeits  e 
for  failure  to  ke  p 
accounts  or  reoor  la 
as  prescribed  ]  y 
Commission  or  :  I- 
low  inspection  it 
accounts  or  recorc  s. 


U 


Punishment 
person  for  false  ( a- 
try  in  accounts  >r 
records,  or  muti  i- 
tion  of  accounts  )r 
records,  or  for  ket  p- 
ing  other  accour  ts 
than  those  pi  e- 
scribed  by  Comm  »- 
sion.  Fine  or  iia- 
prisonment  or  bot  a.  i 


ii 


Amendmont  of 
February  25,  1909. 

When  destructi  )n 
of  papers  perm  iS- 
siblc. 


Punishment  o 
special  exami  n  i;  r 
who  divulges  fatts 
or  information  with- 
out authority.  Fine 
or  imprisonment  or 
both. 

United  S  t  a  t  a  I 
courts  may  issue 
mandamus  to  com- 
pel compliance  with* 
provisions  of  Act. 


iri 


Federal  Laws  Kegulating  Commerce 


237 


Commission  may 
employ  s  p  e  c  i  a  I 
agents  or  examiners 
to  administer  oaths, 
examine  witnesses, 
and  receive  evi- 
dence. 

Receiving  com- 
mon carrier  liable 
for  loss  or  damage 
on  through  ship- 
ments carried  by  it 
or  by  any  connec- 
tion, irrespective  of 
contract  to  contrary. 

Remedies  under 
existing  law  not  bar- 
red. 

Initial  carrier  may 
have  recourse  upon 
carrier  responsible 
for  loss  or  damage. 


Annual  reports  of 
the  Commission  to 
Congress. 


Persons  and  prop- 
erty that  may  be 
carried  free  or  at 
reduced  rates. 


Mileage,  excursion, 
or  commutation  pas- 
senger tickets. 


Passes  and  free 
transportation  t  o 
otticers  and  emplo\- 
ees  of  railroad  com- 
panies. 

Provision'  of  Act 
are  in  addition  10 
remedies  existing  at 
common  law.  Fend- 
ing litigation  not 
affected  by  Act. 

Joint  interchange- 
able five-thoasand- 
mile  tickets. 
Amount  of  free  bag- 
gage. 


Publication 
rates. 


of 


Sale  of  tickets. 


Penalties. 


Jurisdiction  o  f 
United  States  courts 
to  issue  writs  of 
peremptory  m  a  n  - 
dainus  commanding 
the  movement  of 
interstate  traffic  or 
the  furnishing  of 
cars  or  other  trans- 
portation facilities. 

Peremptory  man- 
damus may  issue, 
notwithstanding 
proper  compensation 
of  carrier  may  be 
undetermined. 


And  to  carry  out  and  give  to  the  provisions  of  said  Acts,  or  any  of  them,  the  Commission  is 
hereby  authorized  to  employ  special  agents  or  examiners  who  shall  have  power  to  administer  oaths, 
examine  witnesses,  and  receive  evidence. 

That  any  common  carrier,  railroad,  or  transportation  company  receiving  property  for  trans- 
portation from  a  point  in  one  State  to  a  point  in  another  State  shall  issue  a  receipt  or  bill  of  lading 
therefor  and  shall  be  liable  to  the  lawful  holder  thereof  for  any  loss,  damage,  or  injury  to  such 
property  caused  by  it /or  by  any  common  carrier,  railroad,  or  transportation  company  to  which 
such  property  may  be  delivered  or  over  whose  line  or  lines  such  property  may  pass,  and  no  contract, 
receipt,  rule,  or  regulation  shall  exempt  such  common  carrier,  railroad,  or  transportation  company 
from  the  liability  hereby  imposed:  Provided,  That  nothing  in  this  section  shall  deprive  any  holder 
of  such  receipt  or  bill  of  lading  of  any  remedy  or  right  of  action  which  he  has  under  existing  law. 

That  the  common  carrier,  railroad,  or  transportation  company  issuing  such  receipt  or  bill 
of  lading  shall  be  entitled  to  recover  from  the  common  carrier,  railroad,  or  transportation  com- 
pany on  whose  line  the  loss,  damage,  or  injury  shall  have  been  sustained  the  amount  of  such  loss, 
damage,  or  injury  as  it  may  be  required  to  pay  to  the  owners  of  such  property,  as  may  be  evidenced 
by  any  receipt,  judgment,  or  transcript  thereof. 

Sec.  21.  (As  amended  March  2,  1889.)  That  the  Commission  shall,  on  or  before  the  first 
day  of  December  in  each  year,  make  a  report,  which  shall  be  transmitted  to  Congress,  and  copies 
of  which  shall  be  distributed  as  are  the  other  reports  transmitted  to  Congress.  This  report  shall 
contain  such  information  and  data  collected  by  the  Commission  as  may  be  considered  of  value  in 
the  determination  of  questions  connected  with  the  regulation  of  commerce,  together  with  such 
recommendations  as  to  additional  legislation  relating  thereto  as  the  Commission  may  deem  neces- 
sary; and  the  names  and  compensation  of  the  persons  employed  by  said  Commission. 

Sec.  22.  {As  amended  March  2,  1889,  and  February  8,  1895.)  [See  section  1,  5th  par.]  That 
nothinig  in  this  Act  shall  prevent  the  carriage,  storage,  or  handling  of  property  free  or  at  reduced 
rates  for  the  United  States,  State,  or  municipal  governments,  or  for  charitable  purposes,  or  to  or 
from  fairs  and  expositions  for  exhibition  thereat,  or  the  free  carriage  of  destitute  and  homeless 
persons  transported  by  charitable  societies,  and  the  necessary  agents  employed  in  such  trans- 
portation, or  the  issuance  of  mileage,  excursion,  or  commutation  passenger  tickets;  nothing  in  this 
Act  shall  be  construed  to  prohibit  any  common  carrier  from  giving  reduced  rates  to  ministers 
of  religion,  or  to  municipal  governments  for  the  transportation  of  indigent  persons,  or  to  inmates 
Off  the  National  Homes  or  State  Homes  for  Disabled  Volunteer  Soldiers,  and  of  Soldiers'  and 
Sailors'  Orphan  Homes,  including  those  about  to  enter  and  those  returning  home  after  discharge, 
under  arrangements  with  the  boards  of  managers  of  said  homes;  nothing  in  this  Act  shall  be  con- 
strued to  prevent  railroads  from  giving  free  carriage  to  their  own  officers  and  employees,  or  to 
prevent  the  principal  officers  of  any  railroad  company  or  companies  from  exchanging  passes  or 
tickets  with  other  railroad  companies  for  their  officers  and  employees;  and  nothing  in  this  Act 
contained  shall  in  any  way  abridge  or  alter  the  remedies  now  existing  at  common  law  or  by 
statute,  but  the  provisions  of  this  Act  are  in  addition  to  such  remedies:  Provided,  That  no  pending 
litigation  shall  in  any  way  be  affected  by  this  Act :  Provided  further,  That  nothing  in  this  Act  shall 
prevent  the  issuance  of  joint  interchangeable  five-thousand-mile  tickets,  with  special  privileges 
as  to  the  amount  of  free  baggage  that  may  be  carried  under  mileage  tickets  of  one  thousand  or 
more  miles.  But  before  any  common  carrier,  subject  to  the  provisions  of  this  Act,  shall  issue  any 
such  joint  interchangeable  mileage  tickets  with  special  privileges,  as  aforesaid,  it  shall  file  with  the 
Interstate  Commerce  Commission  copies  of  the  joint  tariffs  of  rates,  fares,  or  charges  on  which 
such  joint  interchangeable  mileage  tickets  are  to  be  based,  together  with  specifications  of  the  amount 
of  free  baggage  permitted  to  be  carried  under  such  tickets,  in  the  same  manner  as  common  carriers 
are  required  to  do  with  regard  to  other  joint  rates  by  section  six  of  this  Act;  and  all  the  provisions 
of  said  section  six  relating  to  joint  rates,  fares,  and  charges  shall  be  observed  by  said  common 
carriers  and  enforced  by  the  Interstate  Commerce  Commission  as  fully  with  regard  to  such  joint 
interchangeable  mileage  tickets  as  with  regard  to  other  joint  rates,  fares,  and  charges  referred  to 
in  said  section  six.  It  shall  be  unlawful  for  any  common  carrier  that  has  issued  or  authorized  to 
be  issued  any  such  joint  interchangeable  mileage  tickets  to  demand,  collect,  or  receive  from  any 
person  or  persons  a  greater  or  less  compensation  for  transportation  of  persons  or  baggage  under 
such  joint  interchangeable  mileage  tickets  than  that  required  by  the  rate,  fare,  or  charge  specified 
in  the  copies  of  the  joint  tariff  of  rates,  fares,  or  charges  filed  with  the  Commission  in  force  at  the 
time.  The  provisions  of  section  ten  of  this  Act  shall  apply  to  any  violation  of  the  requirements 
of  this  proviso. 

Sec.  23.  {Added  March  2,  1889.)  That  the  circuit  and  district  courts  of  the  United  States 
shall  have  juiisdiction  upon  the  relation  of  any  person  or  persons,  firm,  or  corporation,  alleging 
such  violation  by  a  common  carrier,  of  any  of  the  provisions  of  the  Act  to  which  this  is  a  supplement 
and  all  Acts  amendatory  thereof,  as  prevents  the  relator  from  having  interstate  traffic  moved  by 
said  common  carrier  at  the  same  rates  as  are  charged,  or  upon  terms  or  conditions  as  favorable 
as  those  given  by  said  common  carrier  for  like  traffic  under  similar  conditions  to  any  other  shipper, 
to  issue  a  writ  or  writs -of  mandamus  against  said  common  carrier,  commanding  such  common 
carrier  to  move  and  transport  the  traffic,  or  to  furnish  cars  or  other  facilities  for  transportation 
for  the  party  applying  for  the  writ:  Provided,  That  if  any  question  of  fact  as  to  the  proper  com- 
pensation to  the  common  carrier  for  the  service  to  be  enforced  by  the  writ  is  raised  by  the  pleadings, 
the  writ  of  peremptory  mandamus  may  issue,  notwithstanding  such  question  of  fact  is  undeter- 


238 


National  Association  of  Railway  Commissioners 


I 


mined,  upon  such  terms  as  to  security,  payment  of  money  into  the  court,  or  otherwise,  as  the  court 
may  think  proper,  pending  the  determination  of  the  question  of  fact:  Provided,  That  the  remedy 
hereby  given  by  writ  of  mandamus  shall  be  cumulative,  and  shall  not  be  held  to  exclude  or  inter- 
fere with  other  remedies  provided  by  this  Act  or  the  Act  to  which  it  is  a  supplement. 

Sec.  24.  (Added  June  29,  1906.)  That  the  Interstate  Commerce  Commission  is  hereby 
enlarged  so  as  to  consist  of  seven  members  with  terms  of  seven  years,  and  each  shall  receive  ten 
thousand  dollars  compensation  annually.  The  qualifications  of  the  Commissioners  and  the  manner 
of  the  payment  of  their  salaries  shall  be  as  already  provided  by  law.  Such  enlargement  of  the 
Commission  shall  be  accomplished  through  appointment  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  of  two  additional  Interstate  Commerce  Commissioners,  one  for  a  term 
expiring  December  thirty-first,  nineteen  hundred  and  eleven,  one  for  a  term  expiring  December 
thirty-first,  nineteen  hundred  and  twelve.  The  terms  of  the  present  Commissioners,  or  of  any 
successor  appointed  to  fill  a  vacancy  caused  by  the  death  or  resignation  of  any  of  the  present  Com- 
missioners, shall  expire  as  heretofore  provided  by  law.  Their  successors  and  the  successors  of, 
the  additional  Commissioners  herein  provided  for  shall  be  appointed  for  the  full  term  of  seven 
years,  except  that  any  person  appointed  to  fill  a  vacancy  shall  be  appointed  only  for  the  unexpired 
term  of  the  Commissioner  whom  he  shall  succeed.  Not  more  than  four  Commissioners  shall  be 
appointed  from  the  same  political  party. 

{Additional  provisions  in  Act  of  June  29,  1906.)  {Sec.  9.)  That  all  existing  laws  relating  to 
the  attendance  of  witnesses  and  the  production  of  evidence  and  the  compelling  of  testimony  under 
the  Act  to  regulate  commerce  and  all  Acts  amendatory  thereof  shall  apply  to  any  and  all  proceed- 
ings and  hearings  under  this  Act. 

(Sec.  10.)  That  all  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this  Act  are  hereby 
repealed;  but  the  amendments  herein  provided  for  shall  not  affect  causes  now  pending  in  courts 
of  the  United  States,  but  such  causes  shall  be  prosecuted  to  a  conclusion  in  the  manner  heretofore 
provided  by  law. 

(Sec.  11.)  That  this  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Joint  resolution  of  June  30,  1906,  provides:  "That  the  Act  entitled  'An  Act  to  amend  an  Act 
entitled  "An  Act  to  regulate  commerce,"  approved  February  4,  1887,  and  all  Acts  amendatory 
thereof,  and  to  enlarge  the  powers  of  the  Interstate  Commerce  Commission,'  shall  take  effect  and 
be  in  force  sixty  days  after  its  approval  by  the  President  of  the  United  States." 


Remedy  cumula. 
tive,  and  shall  lot 
interfere  with  other 
remedies  provided 
by  the  Act. 

Commission  t  o 
consist  of  seven 
members;  terms, 
salaries. 

Qualifications  and 
enlargement  of  Coin- 


Existing  laws  as  :o 
attendance  of  w  t- 
nesseg  and  prodt  > 
tion  of  evidence  a  3- 
plicable  in  procee  1- 
inga  under  this  Ac  . 


lai  3 


Conflicting 
repealed. 


Amendments  n  >t 
to  affect  pendii  g 
causes  in  court. 

When  Act  eBe  - 
tive. 

Time  of  takii  j 
effect  extended  '  ) 
days  (August  2  , 
1906). 


COMMERCE  COURT  ACT 

{Commerce  Court  and  other  additional  provisions  in  the  Act  of  June  18,  1910.)  {Sec.  1.)  That 
a  court  of  the  United  States  is  hereby  created  which  shall  be  known  as  the  Commerce  Court  and 
shall  have  the  jurisdiction  now  possessed  by  circuit  courts  of  the  United  States  and  the  judges 
thereof  over  all  cases  of  the  following  kinds: 

First.  All  cases  for  the  enforcement,  otherwise  than  by  adjudication  and  collection  of  a  for- 
feiture or  penalty  or  by  infliction  of  criminal  punishment,  of  any  order  of  the  Interstate  Commerce 
Commission  other  than  for  the  payment  of  money. 

Second.  Cases  brought  to  enjoin,  set  aside,  annul,  or  suspend  in  whole  or  in  part  any  order  of 
the  Interstate  Commerce  Commission. 

Third.  Such  cases  as  by  section  three  of  the  Act  entitled  "An  Act  to  further  regulate  commerce 
with  foreign  nations  and  among  the  States,"  approved  February  nineteenth,  nineteen  hundred 
and  three,  are  authorized  to  be  maintained  in  a  circuit  court  of  the  United  States. 

Fourth.  All  such  mandamus  proceedings  as  under  the  provisions  of  section  twenty  or  section 
twenty-three  of  the  Act  entitled  "An  Act  to  regulate  commerce",  approved  February  fourth, 
eighteen  hundred  and  eighty-seven,  as  amended,  are  authorized  to  be  maintained  in  a  circuit 
court  of  the  United  States. 

Nothing  contained  in  this  Act  shall  be  construed  as  enlarging  the  jurisdiction  now  possessed 
by  the  circuit  courts  of  the  United  States  or  the  judges  thereof,  that  is  hereby  transferred  to  and 
vested  in  the  Commerce  Court. 

The  jurisdiction  of  the  Commerce  Court  over  cases  of  the  foregoing. classes  shall  be  exclusive; 
but  this  Act  shall  not  affect  the  jurisdiction  now  possessed  by  any  circuit  or  district  court  of  the 
United  States  over  cases  or  proceedings  of  a  kind  not  within  the  above-enumerated  classes. 

The  Commerce  Court  shall  be  a  court  of  record,  and  shall  have  a  seal  of  such  form  and  style 
as  the  court  may  prescribe.  The  said  Court  shall  be  composed  of  five  judges,  to  be  from  time  to 
time  designated  and  assigned  thereto  by  the  Chief  Justice  of  the  United  States,  from  among  the 
circuit  judges  of  the  United  States,  for  the  period  of  five  years,  except  that  in  the  first  instance 
the  Court  shall  be  composed  of  the  five  additional  circuit  judges  to  be  appointed  as  hereinafter 
provided,  who  shall  be  designated  by  the  President  to  serve  for  one,  two,  three,  four,  and  five 
years,  respectively,  in  order  that  the  period  of  designation  of  one  of  the  said  judges  shall  expire  in 
each  year  thereafter.  In  case  of  the  death,  resignation,  or  termination  of  assignment  of  any  judge 
so  designated,  the  Chief  Justice  shall  designate  a  circuit  judge  to  fill  the  vacancy  so  caused  and  to 
serve  during  the  unexpired  period  for  which  the  original  designation  was  made.  After  the  year 
nineteen  hundred  and  fourteen  no  circuit  judge  shall  be  redesignated  to  serve  in  the  Commerce 
Court  until  the  expiration  of  at  least  one  year  after  the  expiration  of  the  period  of  his  last  pre- 


d 


Creation  and    j 
risdiction    of  " 
znerce  Court. 


11 


Casea    to    enfon  a 
Commission's 
ders. 


II 


Cases     to     anm  I 
Commission's    o  - 

ders. 

Certain  cases  ui  - 
der  Elkins  Act. 


Mandamus 
ceedings. 


Circuit  court  juri  '- 
diction      given      1  >  , 
Commerce  Cou^ 


Exclusive  jur 
tion. 


Composition 
Commerce  Coui 

Term. 


Vacancies. 


1^ 


Federal  Laws  Eegitlatixg  Commerce 


239 


Salary. 


Five    additional 
circuit  judges. 


Quorum. 

Clerk  and  marshal 


Costa  and  fees. 


Regiilar      sessions 
in  Washington, 


Expenses  of  court. 


Sessions    may    be 
held  in  other  places. 


Assignment        o  f 
judges. 


Other    powers    of 
the  Commerce 

Court, 


vious  designation.     The  judge  first  designated  for  the  five-year  period  shall  be  the  presiding  judge 
of  said  Court,  and  thereafter  the  judge  senior  in  designation  shall  be  the  presiding  judge. 

Each  of  the  judges  during  the  period  of  his  service  in  the  commerce  court  shall,  on  account 
of  the  regular  sessions  of  the  court  being  held  in  the  city  of  Washington,  receive  in  addition  to  his 
salary  as  circuit  judge  an  expense  allowance  at  the  rate  of  one  thousand  five  hundred  dollars  per 
annum.  , 

The  President  sKall,  by  and  with  the  advice  and  consent  of  the  Senate,  appoint  five  additional 
circuit  judges,  no  two  of  whom  shall  be  from  the  same  judicial  circuit,  who  shall  hold  office  during 
good  behavior  and  who  shall  be  from  time  to  time  designated  and  assigned  by  the  Chief  Justice 
of  the  United  States  for  service  in  the  circuit  court  for  any  district,  or  the  circuit  court  of  appeals 
for  any  circuit,  or  in  the  commerce  court. 

The  associate  judges  shall  have  precedence  and  shall  succeed  to  the  place  and  powers  of  the 
presiding  judge  whenever  he  may  be  absent  or  incapable  of  acting  in  the  order  of  the  date  of  their 
designations.  Four  of  said  judges  shall  constitute  a  quorum,  and  at  least  a  majority  of  the  Court 
shall  concur  in  all  decisions. 

The  Court  shall  also  have  a  clerk  and  a  marshal,  with  the  same  duties  and  powers,  so  far  as 
they  may  be  appropriate  and  are  not  altered  by  rule  of  the  Court,  as  are  now  possessed  by  the 
clerk  and  marshal,  respectively,  of  the  Supreme  Court  of  the  United  States.  The  offices  of  the 
clerk  and  marshal  of  the  Court  shall  be  in  the  city  of  Washington,  in  the  District  of  Columbia. 
The  judges  of  the  Court  shall  appoint  the  clerk  and  marshal,  and  may  also  appoint,  if  they  find 
it  necessary,  a  deputy  clerk  and  deputy  marshal;  and  such  clerk,  marshal,  deputy  clerk,  and  deputy 
marshal  shall  hold  office  during  the  pleasure  of  the  Court.  The  salary  of  the  clerk  shall  be  four 
thousand  dollars  per  annum;  the  salary  of  the  marshal  three  thousand  dollars  per  annum;  the  salary 
of  the  deputy  clerk  two  thousand  five  hundred  dollars  per  annum;  and  the  salary  of  the  deputy 
marshal  two  thousand  five  hundred  dollars  per  annum.  The  said  clerk  and  marshal  may,  with 
the  approval  of  the  Court,  employ  all  requisite  assistance.  The  costs  and  fees  in  said  Court  shall 
be  established  by  the  Court  in  a  table  thereof,  approved  by  the  Supreme  Court  of  the  United 
States,  within  four  months  after  the  organization  of  the  Court;  but  such  costs  and  fees  shall  m 
no  case  exceed  those  charged  in  the  Supreme  Court  of  the  United  States,  and  shall  be  accounted 
for  and  paid  into  the  Treasury  of  the  United  States. 

The  Commerce  Court  shall  always  be  open  for  the  transaction  of  business.  Its  regular  sesBsions-- 
shall  be  held  in  the  city  of  Washington,  in  the  District  of  Columbia;  but  the  powers  of  the  Court 
or  of  any  judge  thereof,  or  of  the  clerk,  marshal,  deputy  clerk,  or  deputy  marshal  may  be  exercised 
anywhere  in  the  United  States;  and  for  expedition  of  the  work  of  the  Court  and  the  avoidance 
of  undue  expense  or  inconvenience  to  suitors  the  Court  shall  hold  sessions  in  different  parts  of 
the  United  States  as  may  be  found  desirable.  The  actual  and  necessary  expenses  of  the  judges, 
clerk,  marshal,  deputy  clerk,  and  deputy  marshal  of  the  Court  incurred  for  travel  and  attendance 
elsewhere  than  in  the  city  of  Washington  shall  be  paid  upon  the  written  and  itemized  certificate 
of  such  judge,  clerk,  marshal,  deputy  clerk,  or  deputy  marshal  by  the  marshal  of  the  Court,  and 
shall  be  allowed  to  him  in  the  statement  of  his  accounts  with  the  United  States. 

The  United  States  marshals  of  the  several  districts  outside  of  the  city  of  Washington  in  whichr 
the  Commerce  Court  may  hold  its  sessions  shall  provide,  under  the  direction  and  with  the  approval 
of  the  Attorney-General  of  the  United  States,  such  rooms  in  the  public  buildings  of  the  United 
States  as  may  be  necessary  for  the  Court's  use;  but  in  case  proper  rooms  can  not  be  provided  in 
such  pubHc  buildings,  said  marshals,  with  the  approval  of  the  Attorney-General  of  the  United 
States,  may  then  lease  from  time  to  time  other  necessary  rooms  for  the  Court. 

If,  at  any  time,  the  business  of  the  Commerce  Court  does  not  require  the  services  of  all  the 
judges,  the  Chief  Justice  of  the  United  States  may,  by  writing,  signed  by  him  and  filed  in  the  Depart- 
ment of  Justice,  terminate  the  assignment  of  any  of  the  judges  or  temporarily  assign  him  for  ser- 
vice in  any  circuit  court  or  circuit  court  of  appeals.  In  case  of  illness  or  other  disability  of  any 
judge  assigned  to  the  Commerce  Court  the  Chief  Justice  of  the  United  States  may  assign  any 
other  circuit  judge  of  the  United  States  to  act  in  his  place,  and  may  terminate  such  assignment 
when  the  exigence  therefor  shall  cease;  and  any  circuit  judge  so  assigned  to  act  in  place  of  such 
judge  shall,  during  his  assignment,  exercise  all  the  powers  and  perform  all  the  functions  of  such 
judge.Jifcl* 

In  all  cases  within  its  jurisdiction  the  Commerce  Court,  and  each  of  the  judges  assigned  thereto, 
shall,  respectively,  have  and  may  exercise  any  and  all  of  the  powers  of  a  circuit  court  of  the  United 
States  and  of  the  judges  of  said  Court,  respectively,  so  far  as  the  same  may  be  appropriate  to  the 
effective  exercise  of  the  jurisdiction  hereby  conferred.  The  Commerce  Court  may  issue  all  writs 
and  process  appropriate  to  the  full  exercise  of  its  jurisdiction  and  powers  and  may  prescribe  the 
form  thereof.  It  may  also,  from  time  to  time,  establish  such  rules  and  regulations  concerning 
pleading,  practice,  or  procedure  in  cases  or  matters  within  its  jurisdiction  as  to  the  court  shall 
seem  wise  and  proper.  Its  orders  writs,  and  process  may  run,  be  served,  and  be  returnable  any- 
where in  the  United  States;  and  the  marshal  and  deputy  marshal  of  said  Court  and  also  the 
United  States  marshals  and  deputy  marshals  in  the  several  districts  of  the  United  States  shall 
have  like  powers  and  be  under  like  duties  to  act  for  and  in  behalf  of  said  court  as  pertain  to 
United  States  marshals  and  deputy  marshals  generally  when  acting  under  like  conditions  concern- 
ing suits  or  matters  in  the  circuits  of  the  United  States. 


240 


National  Association  of  Railway  Commissionees 


The  jurisdiction  of  the  Commerce  Court  shall  be  invoked  by  filing  in  the  office  of  the  clerk  of 
the  Court  a  written  petition  setting  forth  briefly  and  succinctly  the  facts  constituting  the  petition- 
er's cause  of  action,  and  specifying  the  relief  sought.  A  copy  Of  such  petition  shall  be  forthwith 
served  by  the  marshal  or  a  deputy  marshal  of  the  Commerce  Court  or  by  the  proper  United  States 
marshal  or  deputy  marshal  upon  every  defendant  therein  named,  and  when  the  United  States 
is  a  party  defendant,  the  service  shall  be  made  by  filing  a  copy  of  said  petition  in  the  office  of  the 
secretary  of  the  Interstate  Commmerce  Commission  and  in  the  Department  of  Justice.  Within 
thirty  days  after  the  petition  is  served,  unless  that  time  is  extended  by  order  of  the  court  or  a  judge 
thereof,  an  answer  to  the  petition  shall  be  filed  in  the  clerk's  office,  and  a  copy  thereof  mailed  to 
the  petitioner's  attorney,  which  answer  shall  briefly  and  categorically  respond  to  the  allegations 
of  the  petition.  No  replication  need  be  filed  to  the  answer,  and  objections  to  the  sufficiency  of 
the  petition  or  answer  as  not  setting  forth  a  cause  of  action  or  defense  must  be  taken  at  the  final 
hearing  or  by  motion  to  dismiss  the  petition  based  on  said  grounds,  which  motion  may  be  made 
at  any  time  before  answer  is  filed.  In  case  no  answer  shall  be  filed  as  provided  herein  the  peti- 
tioner may  apply  to  the  Court  on  notice  for  such  relief  as  may  be  proper  upon  the  facts  alleged  in  the 
petition.  The  Court  may,  by  rule,  prescribe  the  method  of  taking  evidence  in  cases  pending  in 
said  court;  and  may  prescribe  that  the  evidence  be  taken  before  a  single  judge  of  the  court,  with 
power  to  rule  upon  the  admission  of  evidence.  Except  as  may  be  otherwise  provided  in  this  Act, 
or  by  rule  of  the  Court,  the  practice  and  procedure  in  the  Commerce  Court  shall  conform  as  nearly 
as  may  be  to  that  in  like  cases  in  a  circuit  court  of  the  United  States. 

The  Commerce  Court  shall  be  opened  for  the  transaction  of  business  at  a  date  to  be  fixed  by 
order  of  the  said  Court,  which  shall  not  be  later  than  thirty  days  after  the  judges  thereof  shall  have 
been  designated. 

(Sec.  2.)  That  a  final  judgment  or  decree  of  the  Commerce  Court  may  be  reviewed  by  the 
Supreme  Court  of  the  United  States  if  appeal  to  the  Supreme  Court  be  taken  by  an  aggrieved  party 
within  sixty  days  after  the  entry  of  said  final  judgment  or  decree.  Such  appeal  may  be  taken 
in  like  manner  as  appeals  from  a  circuit  court  of  the  United  States  to  the  Supreme  Court,  and  the 
Commerce  Court  may  direct  the  original  record  to  be  transmitted  on  appeal  instead  of  a  trans- 
cript thereof.  The  Supreme  Court  may  affirm,  reverse,  or  modify  the  final  judgment  or  decree  of 
the  Commerce  Court  as  the  case  may  require. 

Appeal  to  the  Supreme  Court,  however,  shall  in  no  case  supersede  or  stay  the  judgment  or 
decree  of  the  Commerce  Court  appealed  from,  unless  the  Supreme  Court  or  a  justice  thereof  shall 
so  direct,  and  appellant  shall  give  bond  in  such  form  and  of  such  amount  as  the  Supreme  Court, 
or  the  justice  of  that  court  allowing  the  stay,  may  require. 

An  appeal  may  also  be  taken  to  the  Supreme  Court  of  the  United  States  from  an  inter- 
locutory order  or  decree  of  the  Commerce  Court  granting  or  continuing  an  injunction  restraining 
the  enforcement  of  an  order  of  the  Interstate  Commerce  Commission,  provided  such  appeal  be 
taken  within  thirty  days  from  the  entry  of  such  order  or  decree. 

Appeals  to  the  Supreme  Court  under  this  section  shall  have  priority  in  hearing  and  determi- 
nation over  all  other  causes  except  criminal  causes  in  that  court. 

(Sec.  3.)  That  suits  to  enjoin,  set  aside,  annul,  or  suspend  any  order  of  the  Interstate  Com- 
merce Commission  shall  be  brought  in  the  Commerce  Court  against  the  United  States.  The 
pendency  of  such  suit  shall  not  of  itself  stay  or  suspend  the  operation  of  the  order  of  the  Interstate 
Commerce  Commission;  but  the  Commerce  Court,  in  its  discretion  may  restrain  or  suspend,  in 
whole  or  in  part,  the  operation  of  the  Commission's  order  pending  the  final  hearing  and  determina- 
tion of  the  suit.  No  order  or  injunction  so  restraining  or  suspending  an  order  of  the  Interstate 
Commerce  Commission  shall  be  made  by  the  Commerce  Court  otherwise  than  upon  notice  and 
after  hearing,  except  that  in  cases  where  irreparable  damage  would  otherwise  ensue  to  the  peti- 
tioner, said  Court,  or  a  judge  thereof,  may,  on  hearing,  after  not  less  than  three  days'  notice  to 
the  Interstate  Commerce  Commission  and  the  Attorney-General,  allow  a  temporary  stay  or  sus- 
pension in  whole  or  in  part  of  the  operation  of  the  order  of  the  Interstate  Commerce  Commission 
for  not  more  than  sixty  days  from  the  date  of  the  order  of  such  Court  or  judge,  pending  application 
to  the  Court  for  its  order  or  injunction,  in  which  case  the  said  order  shall  contain  a  specific  finding, 
based  upon  evidence  submitted  to  the  judge  making  the  order  and  identified  by  reference  thereto, 
that  such  irreparable  damage  would  result  to  the  petitioner  and  specifying  the  nature  of  the  damage. 
The  Court  may,  at  the  time  of  hearing  such  application,  upon  a  like  finding,  continue  the  tem- 
porary stay  or  suspension  in  whole  or  in  part  until  its  decision  upon  the  application. 

(Sec.  4.)  That  all  cases  and  proceedings  in  the  Commerce  Court  which  but  for  this  Act  would 
be  brought  by  or  against  the  Interstate  Commerce  Commission  shall  be  brought  by  or  against 
the  United  States,  and  the  United  States  may  intervene  in  any  case  or  proceeding  in  the  Com- 
merce Court  whenever,  though  it  has  not  been  made  a  party,  public  interests  are  involved. 

(Sec.  5.)  That  the  Attorney-General  shall  have  charge  and  control  of  the  interests  of  the 
Government  in  all  cases  and  proceedings  in  the  Commerce  Court,  and  in  the  Supreme  Court  of 
the  United  States  upon  appeal  from  the  Commerce  Court ;  and  if  in  his  opinion  the  public  interest 
requires  it,  he  may  retain  and  employ  in  the  name  of  the  United  States,  within  the  appropriations 
from  time  to  time  made  by  the  Congress  for  such  purposes,  such  special  attorneys  and  counselors 
at  law  as  he  may  think  necessary  to  assist  in  the  discharge  of  any  of  the  duties  incumbent  upon 
him  and  his  subordinate  attorneys;  and  the  Attorney-General  shall  stipulate  with  such  special 
attorneys  and  counsel  the  amaunt  of  their  CDmpansatioa,  which  shall  not  be  in  excess  of  the  sums 


How     jurisdiction 
invoked. 


Petition. 


Practice  and  ^ 
cedure. 


When      open     I  )r 
business. 


Appeals     to     S  i- 
preme  Court. 


Supersedeas. 


Appeals   from   i  i 
terlocutory  orden. 


Priority     in 
preme  Court. 

Suits     to     enjo  d_ 
orders  of  Con 
sion. 


Notice. 


Temporary  si 


Suits  tobebnxiiht 
by  or  against  United 

States. 


ii 


Attorney  -General 
to   have  control  of 

suits.  • 


Special  attorneys. 


Federal  Laws  Regulating  Commerce 


241 


Commission  and 
others  may  be  repre- 
sented. 


Parties  who  may 
intervene. 


Complainants  be- 
fore Commission 
may  intervene. 


Fending  and  other 
proceedings. 


Transference  of 
cases  to  Commerce 
Court, 


Carriers  must  des- 
ignate agents  i  n 
Washington  for  pur- 
poses of  service. 


Service    on    such 
agents. 


Pending  cases. 


Existing  liabilities. 


Special  commis- 
sion to  investigate 
issue  of  stocks  and 
bonds  created. 


Clerks    and     em- 
ployees. 


appropriated  therefor  by  Congress  for  such  purposes,  and  shall  have  supervision  of  their  action: 
Provided,  That  the  Interstate  Commerce  Commission  and  any  party  or  parties  in  interest  to  the 
proceeding  before  the  Commission,  in  which  an  order  or  requirement  is  made,  may  appear  as 
parties  thereto  of  their  ow^n  motion  and  as  of  right,  and  be  represented  by  their  counsel,  in  any 
suit  wherein  is  involved  the  validity  of  such  order  or  requirement  or  any  part  thereof,  and  the 
interest  of  such  party;  and  the  Court  wherein  is  pending  such  suit  may  make  all  such  rules  and 
orders  as  to  such  appearances  and  representations,  the  number  of  counsel,  and  all  matters  of  pro- 
cedure, and  otherwisV  as  to  subserve  the  ends  of  justice  and  speed  the  determination  of  such  suits: 
Provided  further,  That  communities,  associations,  corporations,  firms,  and  individuals  who  are 
interested  in  the  controversy  or  question  before  the  Interstate  Commerce  Commission,  or  in  any 
suit  which  may  be  brought  by  anyone  under  the  terms  of  this  Act,  or  the  Acts  of  which  it  is  anienda- 
tory  or  which  are  amendatory  of  it,  relating  to  action  of  the  Interstate  Commerce  Commission, 
may  intervene  in  said  suit  or  proceedings  at  any  time  after  the  institution  thereof,  and  the  Attorney- 
General  shall  not  dispose  of  or  discontinue  said  suit  or  proceeding  over  the  objection  of  such  party  or 
intervenor  aforesaid,  but  said  intervener  or  interveners  may  prosjjcute,  defend,  or  continue  said 
suit  or  proceeding  unaffected  by  the  action  or  nonaction  of  the  Attorney-General  of  the  United 
States  therein. 

Complainants  before  the  Interstate  Commerce  Commission  interested  in  a  case  shall  have  the 
right  to  appear  and  be  made  parties  to  the  case  and  be  represented  before  the  courts  by  counsel 
under  such  regulations  as  are  now  permitted  in  similar  circumstances  under  the_  rules  and  practice 
of  equity  courts  of  the  United  States.  P* 

(Sec.  6.)  That  until  the  opening  of  the  Commerce  Court  as  in  section  one  hereof  provided,  all 
cases  and  proceedings  of  which  from  that  time  the  Commerce  Court  is  hereby  given  exclusive 
jurisdiction  may  be  brought  in  the  same  courts  and  conducted  in  like  manner  and  with  like  effect 
as  is  now  provided  by  law;  and  if  any  such  case  or  proceeding  shall  have  gone  to  final  judgment 
or  decree  before  the  opening  of  the  Commerce  Court,  appeal  may  be  taken  from  such  final  judg- 
ment or  decree  in  like  manner  and  with  like  effect  as  is  now  provided  by  law.  Any  such  case  or 
proceeding  within  the  jurisdiction  of  the  Commerce  Court  which  may  have  been  begun  in  any  other 
court  as  hereby  allowed  before  the  said  date  shall  be  forthwith  transferred  to  the  Commerce  Court, 
if  it  has  not  yet  proceeded  to  final  judgment  or  decree  in  such  other  court  unless  it  has  been  finally 
submitted  for  the  decision  of  such  Court,  in  which  case  the  cause  shall  proceed  in  such  Court  to 
final  judgment  or  decree  and  further  proceeding  thereafter,  and  appeal  may  be  taken  direct  to  the 
Supreme  Court,  and  if  remanded  such  cause  may  be  sent  back  to  the  court  from  which  the  appeal 
was  taken  or  to  the  Commerce  Court  for  further  proceeding  as  the  Supreme  Court  shall  direct; 
and  all  previous  proceedings  in  such  transferred  case  shall  stand  and  operate  notwithstanding  the 
transfer,  subject  to  the  same  control  over  them  by  the  Commerce  Court  and  to  do  the  same  right 
of  subsequent  action  in  the  case  or  proceeding  as  if  the  transferred  case  or  proceeding  had  been 
originally  begun  in  the  Commerce  Court.  The  clerk  of  the  Court  from  which  any  case  or  pro- 
ceeding is  so  transferred  to  the  Commerce  Court  shall  transmit  to  and  file  in  the  Commerce  Court 
the  originals  of  all  papers  filed  in  such  case  or  proceeding  and  a  certified  transcript  of  all  record 
entries  in  the  case  or  proceeding  up  to  the  time  of  transfer. 

It  shall  be  the  duty  of  every  common  carrier  subject  to  the  provisions  of  this  Act,  within  sixty 
days  after  the  taking  effect  of  this  Act,  to  designate  in  writing  an  agent  in  the  city  of  Washington, 
District  of  Columbia,  upon  whom  service  of  all  notices  and  processes  may  be  made  for  and  on 
behalf  of  said  common  carrier  in  any  proceeding  or  suit  pending  before  the  Interstate  Commerce 
Commission  or  before  said  Commerce  Court,  and  to  file  such  designation  in  the  office  of  the  secretary 
of  the  Interstate  Commerce  Commission,  which  designation  may  from  time  to  time  be  changed 
by  like  writing  similarly  filed;  and  thereupon  service  of  all  notices  and  processes  may  be  made 
upon  such  common  carrier  by  leaving  a  copy  thereof  with  such  designated  agent  at  his  office  or 
usual  place  of  residence  in  the  city  of  Washington,  with  like  effect  as  if  made  personally  upon 
such  common  carrier,  and  in  default  of  such  designation  of  such  agent,  service  of  any  notice  or 
other  process  in  any  proceeding  before  said  Interstate  Commerce  Commission  or  Commerce  Court 
may  be  made  by  posting  such  notice  or  process  in  the  office  of  the  secretary  of  the  Interstate  Com- 
merce Commission. 

(Sec.  15.)  That  nothing  in  this  Act  contained  shall  undo  or  impair  any  proceedings  heretofore 
taken  by  or  before  the  Interstate  Commerce  Commission  or  any  of  the  Acts  of  said  Commission; 
and  in  any  cases,  proceedings,  or  matters  now  pending  before  it,  the  Commission  may  exercise 
any  of  the  powers  liereby  conferred  upon  it,  as  would  be  proper  in  cases,  proceedings,  or  matters 
hereafter  initiated;  and  nothing  in  this  Act  contained  shall  operate  to  release  or  affect  any  obliga- 
tion, liability,  penalty,  or  forfeiture  heretofore  existing  against  or  incurred  by  any  person,  cor- 
poration, or  association.  P^ 

(Sec.  16.)  That  the  President  is  hereby  authorized  to  appoint  a  commission  to  investigate 
questions  pertaining  to  the  issuance  of  stocks  and  bonds  by  railroad  corporations,  subject  to  the 
provisions  of  the  Act  to  regulate  commerce,  and  the  power  of  Congress  to  regulate  or  affect  the 
same,  and  to  fix  the  compensation  of  the  members  of  such  commission.  Said  commission  shall 
be  and  is  hereby  authorized  to  employ  experts  to  aid  in  the  work  of  inquiry  and  examination,  and 
such  clerks,  stenographers,  and  other  assistants  as  may  be  necessary,  which  employees  shall  be  paid 
such  compensation  as  the  commission  may  deem  just  and  reasonable,  upon  a  certificate  to  be  issued 
by  the  chairman  of  the  commission.     The  several  departments  and  bureaus  of  the  Government 


242 


National  Association  of  Railway  Commissionees 


shall  detail  from  time  to  time  such  officials  and  employees  and  furnish  such  information  to  the 
commission  as  may  be  directed  by  the  President.  For  the  purposes  of  its  investigations  the  commis- 
sion shall  be  authorized  to  incur  and  have  paid  upon  the  certificate  of  its  chairman  such  expenses 
as  the  commission  shall  deem  necessary:  Provided,  however,  That  the  total  expenses  authorized 
or  incurred  under  the  provisions  of  this  section  for  compensation,  employees,  or  otherwise,  shall 
not  exceed  the  sum  of  twenty-five  thousand  dollars. 

(Sec.  17.)  That  no  interlocutory  injunction  suspending  or  restraining  the  enforcement,  opera- 
tion, or  execution  of  any  statute  of  a  State  by  restraining  the  action  of  any  officer  of  such  State  in 
the  enforcement  or  execution  of  such  statute  shall  be  issued  or  granted  by  any  justice  of  the  supreme 
court,  or  by  any  circuit  court  of  the  United  States,  or  by  any  judge  thereof,  or  by  any  district  judge 
acting  as  circuit  judge,  upon  the  ground  of  the  unconstitutionality  of  such  statute,  unless  the  appli- 
cation for  the  same  shall  be  presented  to  a  justice  of  the  Supreme  Court  of  the  United  States,  or 
to  a  circuit  judge,  or  to  a  district  judge  acting  as  circuit  judge,  and  shall  be  heard  and  determined 
by  three  judges,  of  whom  at  least  one  shall  be  a  justice  of  the  Supreme  Court  of  the  United  States 
or  a  circuit  judge,  and  the  other  two  may  be  either  circuit  or  district  judges,  and  unless  a  majority 
of  said  three  judges  shall  concur  in  granting  such  application.  Whenever  such  application  as  afore- 
said is  presented  to  a  justice  of  the  Supreme  Court  of  the  United  States,  or  to  a  judge,  he  shall 
immediately  call  to  his  assistance  to  hear  and  determine  the  application  two  other  judges:  Pro- 
vided, however,  That  one  of  such  three  judges  shall  be  a  justice  of  the  Supreme  Court  of  the  United 
States  or  a  circuii  judge.  Said  application  shall  not  be  heard  or  determined  before  at  least  five 
days'  notice  of  the  hearing  has  been  given  to  the  governor  and  to  the  attorney-general  of  the  State, 
and  to  such  other  persons  as  may  be  defendants  in  the  suit:  Provided,  That  if  of  opinion  that  irre- 
parable loss  or  damage  would  result  to  the  complainant  unless  a  temporary  restraining  order  is 
granted,  any  justice  of  the  Supreme  Court  of  the  United  States,  or- any  circuit  or  district  judge, 
may  grant  such  temporary  restraining  order  at  any  time  before  such  hearing  and  determination 
of  the  application  for  an  interlocutory  injunction,  but  such  temporary  restraining  order  shall  only 
remain  in  force  until  the  hearing  and  determination  of  the  application  for  an  interlocutory  in- 
junction upon  notice  as  aforesaid.  The  hearing  upon  such  application  for  an  interlocutory  in- 
junction shall  be  given  precedence  and  shall  be  in  every  way  expedited  and  be  assigned  for  a  hear- 
ing at  the  earliest  practicable  day  after  the  expiration  of  the  notice  hereinbefore  provided  for. 
An  appeal  may  be  taken  directly  to  the  Supreme  Court  of  the  United  States  from  the  order  grant- 
ing or  denying,  after  notice  and  hearing,  an  interlocutory  injunction  in  such  case. 

(Sec.  18.)  That  this  act  shall  take  effect  and  be  in  force  from  and  after  the  expiration  of 
sixty  days  after  its  passage,  except  as  to  sections  twelve  and  sixteen,  which  sections  shall  take  effect 
and  be  in  force  immediately. 

Public,  No.  41,  approved  February  4,  1887,  as  amended  by  Public,  No.  125,  approved  March 
2,  1889,  and  Public,  No.  72,  approved  February  10,  1891.  Public,  No.  38,  approved  February 
8,  1895.  Public,  No.  337,  approved  June  29,  1906.  PubUc  Res.,  No.  47,  approved  June  30,  1906. 
Public,  No.  95,  approved  April  13,  1908.  PubUc,  No.  262,  approved  February  25,  1909.  Public, 
No.  218,  approved  June  18,  1910. 


I 


Expenses. 


Interlocutory  in- 
junctions reatraiaioc 
enforcement  of  state 
statutes  limited. 


IMMUNITY  OF  WITNESSES  .4CT 

AN  ACT  In  relation  to  testimony  before  the  Interstate  Commerce  Commission,  and  in  cases  or  proceedings 
under  or  connected  witli  an  act  entitled  "An  act  to  regulate  commerce,"  approved  February  fourth,  eighteen 
hundred  and  eighty-seven,  and  amendments  thereto. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled.  That  no  person  shall  be  excused  from  attending  and  testifying  or  from  producing 
books,  papers,  tariffs,  contracts,  agreements  and  documents  before  the  Interstate  Commerce 
Commission,  or  in  obedience  to  the  subpoena  of  the  Commission,  whether  such  subpoena  be  signed 
or  issued  by  one  or  more  Commissioners,  or  in  any  cause  or  proceeding,  criminal  or  otherwise, 
based  upon  or  growing  out  of  any  alleged  violation  of  the  act  of  Congress,  entitled  "An  Act  to 
regulate  commerce,"  approved  February  fourth,  eighteen  hundred  and  eighty-seven,  or  of  any 
amendment  thereof  on  the  ground  or  for  the  reason  that  the  testimony  or  evidence,  documentary 
or  otherwise,  required  of  him,  may  tend  to  criminate  him  or  subject  him  to  a  penalty  or  forfeiture. 
But  no  person  shall  be  prosecuted  or  subjected  to  any  penalty  or  forfeiture  for  or  on  account  of  any 
transaction,  matter  o;-  thing,  concerning  which  he  may  testify,  or  procedure  evidence,  documentary 
or  otherwise,  before  said  Commission,  or  in  obedience  to  its  subpoena,  or  the  subpoena  of  either  of 
them,  or  in  any  such  case  or  proceeding:  Provided,  That  no  person  so  testifying  shall  be  exempt 
from  prosecution  and  punishment  for  perjury  committed  in  so  testifying. 

Any  person  who  shall  neglect  or  refuse  to  attend  and  testify,  or  to  answer  any  lawful  inquiry, 
or  to  produce  books,  papers,  tariffs,  contracts,  agreements,  and  documents,  if  in  his  power  to  do 
so,  in  obedience  to  the  subpoena  or  lawful  requirement  of  the  Commission,  shall  be  guilty  of  an 
offense  and  upon  conviction  thereof  by  a  court  of  competent  jurisdiction  shall  be  punished  by  fine 
not  less  than  one  hundred  dollars  nor  more  than  five  thousand  dollars,  or  by  imprisonment  for 
not  more  than  one  year  or  both  such  fine  and  imprisonment. 

Public,  No.  54,  approved  February  11,  1893. 


Expedition. 


Appeals. 


When  act  eflfeeti  e 
(August  17..  19101. 


Attendance  ft  id 
testimony  of  w  t- 
nesses  and  prodi  c- 
tion  of  documents  -y 
e\  idencecompulso  -y 
before  the  Comm  s- 
sion,  and  in  any  c&  e. 
criminal  or  oth-T- 
wise,  in  the  court  <. 


Immunity  to  ta- 
tifying  witni 


11 


Perjury  exceptc'i. 

Penalties;  Fine  or 
imprisonment,  or 
both. 


Federal  Laws  Eegulating  Commerce 


243 


Immunity  extends 
only  to  natural  per- 
sons who  give  testi- 
mony under  aub- 
poeoa. 


IMMUNITY  OF  WITNESSES  ACT. 

AN  ACT  Defining  tlie  riglit  of  immunity  of  witnesses  under  the  Act  entitled  "An  Act  in  relation  to  testimony 
before  the  Interstate  Commerce  Commission,"  and  so  forth,  approved  February  eleventh,  eighteen  hundred 
and  ninety-three,  and  an  Act  entitled  "An  Act  to  establish  the  Department  of  Commerce  and  Labor,"  approved 
February  fourteenth,  nineteen  hundred  and  three,  and  an  Act  entitled  "An  Act  to  further  regulate  commerce 
with  foreign  nations  and  among  the  States,"  approved  February  nineteenth,  nineteen  hundred  and  three,  and 
an  Act  entitled  "An  Act  making  appropriations  for  the  legislative,  executive,  and  judicial  expenses  of  the 
Government  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and  four,  and  for  other  purposes," 
approved  February  twEnty-fifth,  nineteen  hundred  and  three. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  under  the  immunity  provisions  in  the  Act  entitled  "An  Act  in  relation  to 
testimony  before  the  Interstate  Commerce  Commission,"  and  so  forth,  approved  February  eleventh, 
eighteen  hundred  and  ninety-three,  in  section  six  of  the  Act  entitled  "An  Act  to  establish  the 
Department  of  Commerce  and  Labor,"  approved  February  fourteenth,  nineteen  hundred  and 
three,  and  in  the  Act  entitled  "An  Act  to  further  regulate  commerce  with  foreign  nations  and 
among  the  States,"  approved  February  nineteenth,  nineteen  hundred  and  three,  and  in  the  Act 
entitled  "An  Act  making  appropriations  for  the  legislative,  executive,  and  judicial  expenses  of  the 
Government  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and  four,  and  for  other 
purposes,"  approved  February  twenty-fifth,  nineteen  hundred  and  three,  immunity  shall  extend 
only  to  a  natural  person  who,  in  obedience  to  a  subpoena,  gives  testimony  under  oath  or  produces 
evidence,  documentary  or  otherwise,  under  oath. 

Public,  No.  389,  approved  June  30,  1906. 


I      Cfcrrier     corpora- 
<  tion  as  well  aa  otiicer 
or   agent    liable    to 
oonviction  for  mis- 
demeanor. 


Penalty. 


Failure  of  carrier 
to  publish  rates  or 
observe  tariffs  a 
misdemeanor. 


Penalty,  fine. 


Misdemeanor  t  o 
ofier,  grant,  give, 
solicit,  accept,  or 
receive  any  rebate 
from  published  rates 
or  other  concession 
or  discrimination. 


Penalty,  fine  or 
imprisonment,  o  r 
both. 


Judicial  district  in 
which  cases  may  be 
prosecuted. 


Act  of  officer  or 
agent  to  be  also 
deemed  act  of  car- 
rier. 


^  Rates  filed  or  par- 
ticipated in  by  car- 
rier shall,  as  against 
■uch  carrier,  be 
deemed  legal  rate. 


ELKINS  ACT 
AN  ACT  To  further  regulate' commerce  with  foreign  nations  and  among  the  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled.  Sec.  1.  (As  amended  June  29,  1906.)  That  anything  done  or  omitted  to  be  done 
by  a  corporation  common  carrier,  subject  to  the  Act  to  regulate  commerce  and  the  Acts  amendatory 
thereof,  which,  if  done  or  omitted  to  be  done  by  any  director  or  officer  thereof,  or  any  receiver, 
trustee,  lessee,  agent,  or  person  acting  for  or  employed  by  such  corporation,  would  constitute 
a  misdemeanor  under  said  Acts  or  under  this  Act,  shall  also  be  held  to  be  a  misdemeanor  committed 
by  such  corporation,  and  upon  conviction  thereof  it  shall  be  subject  to  like  penalties  as  are  pre- 
scribed in  said  Acts  or  by  this  Act  with  reference  to  such  persons,  except  as  such  penalties  are  herein 
changed.  The  willful  failure  upon  the  part  of  any  carrier  subject  to  said  Acts  to  file  and  publish 
the  tariffs  or  rates  and  charges  as  required  by  said  Acts,  or  strictly  to  observe  such  tariffs  until 
changed  according  to  law,  shall  be  a  misdemeanor,  and  upon  conviction  thereof  the  corporation 
offending  shall  be  subject  to  a  fine  of  not  less  than  one  thousand  dollars  nor  more  than  twenty 
thousand  dollars  for  each  offense;  and  it  shall  be  unlawful  for  any  person,  persons,  or  corporation 
to  offer,  grant,  or  give,  or  to  solicit,  accept  or  receive  any  rebate,  concession,  or  discrimination  in 
respect  to  the  transportation  of  any  property  in  interstate  or  foreign  commerce  by  any  common 
carrier  subject  to  said  Act  to  regulate  commerce  and  the  Acts  amendatory  thereof  whereby  any 
such  property  shall  by  any  device  whatever  be  transported  at  a  less  rate  than  that  named  in  the 
tariffs  published  and  filed  by  such  carrier,  as  is  required  by  said  Act  to  regulate  commerce  and  the 
Acts  amendatory  thereof,  or  whereby  any  other  advantage  is  given  or  discrimination  is  practiced. 
Every  person  or  corporation,  whether  carrier  or  shipper,  who  shall,  knowingly,  offer,  grant,  or 
give,  or  solicit,  accept,  or  receive  any  such  rebates,  concession,  or  discrimination  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  one 
thousand  dollars  nor  more  than  twenty-thousand  dollars :  Provided,  That  any  person,  or  any  officer 
or  director  of  any  corporation  subject  to  the  provisions  of  this  Act,  or  the  Act,  to  regulate  commerce 
and  the  Acts  amendatory  thereof,  or  any  receiver,  trustee,  leasee,  agent,  or  person  acting  for  or 
employed  by  any  such  corporation,  who  shall  be  convicted  as  aforesaid,  shall,  in  addition  to  the 
fine  herein  provided  for,  be  liable  to  imprisonment  in  the  penitentiary  for  a  term  of  not  exceeding 
two  years,  or  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court.  Every  violation  of 
this  section  shall  be  prosecuted  in  any  court  of  the  United  States  having  jurisdiction  of  crimes 
within  the  district  in  which  such  violation  was  committed,  or  through  which  the  transportation 
may  have  been  conducted;  and  whenever  the  offense  is  begun  in  one  jurisdiction  and  completed  in 
another  it  may  be  dealt  with,  inquired  of,  tried,  determined,  and  punished  in  either  jurisdiction 
in  the  same  manner  as  if  the  offense  had  been  actually  and  wholly  committed  therein. 

In  construing  and  enforcing  the  provisions  of  this  section,  the  act,  omission,  or  failure  of  any 
officer,  agent,  or  other  person  acting  for  or  employed  by  any  common  carrier,  or  shipper,  acting 
within  the  scope  of  his  employment,  shall  in  every  case  be  also  deemed  to  be  the  act,  omission,  or 
failure  of  such  carrier  or  shipper  as  well  as  that  of  the  person.  Whenever  any  carrier  files  with  the 
Interstate  Commerce  Commission  or  publishes  a  particular  rate  under  the  provisions  of  the  Act 
to  regulate  coramerce  or  Acts  amendatory  thereof,  or  participates  in  any  rates  so  filed  or  published, 
that  rate  as  against  such  carrier,  its  officer  or  agents,  in  any  prosecution  begun  under  this  Act 
shall  be  conclusively  deemed  to  be  the  legal  rate,  and  any  departure  from  such  rate,  or  any  offer  to 
depart  therefrom,  shall  be  deemed  to  be  an  offense  under  this  section  of  this  Act. 

Any  person,  corporation,  or  company  who  shall  deliver  property  for  interstate  transportation 


244 


National  Association  of  Eailway  Commissioners 


to  any  common  carrier,  subject  to  the  provisions  of  this  Act,  or  for  whom,  as  consignor  or  consignee, 
any  such  carrier  shall  transport  property  from  one  State,  Territory,  or  the  District  of  Columbia  to 
any  other  State,  Territory,  or  the  District  of  Columbia,  or  foreign  country,  who  shall  knowingly  by 
employee,  agent,  officer,  or  otherwise,  directly  or  indirectly,  by  or  through  any  means  or  device 
whatsoever,  receive  or  accept  from  such  common  carrier  any  sum  of  money  or  any  other  valuable 
consideration  as  a  rebate  or  offset  against  the  regular  charges  for  transportation  of  such  property, 
as  fixed  by  the  schedules  of  rates  provided  for  in  this  Act,  shall  in  addition  to  any  penalty  pro- 
vided by  this  Act  forfeit  to  the  United  States  a  siun  of  money  three  times  the  amount  of  money  so 
received  or  accepted  and  three  times  the  value  of  any  other  consideration  so  received  or  accepted, 
to  be  ascertained  by  the  trial  court;  and  the  Attorney-General  of  the  United  States  is  authorized 
and  directed,  whenever  he  has  reasonable  grounds  to  believe  that  any  such  person,  corporation,  or 
company  has  knowingly  received  or  accepted  from  any  such  common  carrier  any  sum  of  money  or 
other  valuable  consideration  as  a  rebate  or  offset  as  aforesaid,  to  institute  in  any  court  of  the  United 
States  of  competent  jurisdiction  a  civil  action  to  collect  the  said  sum  or  sums  so  forfeited  as  afore- 
said; and  in  the  trial  of  said  action  all  such  rebates  or  other  considerations  so  received  or  accepted 
for  a  period  of  six  years  prior  to  the  commencement  of  the  action  may  be  included  therein,  and  the 
amount  recovered  shall  be  three  times  the  total  amount  of  money,  or  three  times  the  total  value  of 
such  consideration,  so  received  or  accepted,  or  both,  as  the  case  may  be. 

Sec.  2.  That  in  any  proceeding  for  the  enforcement  of  the  provisions  of  the  statutes  relating 
to  interstate  commerce,  whether  such  proceedings  be  instituted  before  the  Interstate  Commerce 
Commission  or  be  begun  originally  in  any  circuit  court  of  the  United  States,  it  shall  be  lawful 
to  include  as  parties,  in  addition  to  the  carrier,  all  persons  interested  in  or  affected  by  the  rate, 
regulation,  or  practice  under  consideration,  and  inquiries,  investigations,  orders,  and  decrees  may 
be  made  with  reference  to  and  against  such  additional  parties  in  the  same  manner,  to  the  same 
extent,  and  subject  to  the  same  provisions  as  are  or  shall  be  authorized  by  law  with  respect  to 
carriers. 

Sec.  3.  That  whenever  the  Interstate  Commerce  Commission  shall  have  reasonable  ground 
for  belief  that  any  common  carrier  is  engaged  in  the  carriage  of  passengers  or  freight  traffic  between 
given  points  at  less  than  the  published  rates  on  file,  or  is  committing  any  discriminations  forbidden 
by  law,  a  petition  may  be  presented  alleging  such  facts  to  the  circuit  court  of  the  United  States 
sitting  in  equity  having  jurisdiction;  and  when  the  act  complained  of  is  alleged  to  have  been  com- 
mitted or  as  being  committed  in  part  in  more  than  one  judicial  district  or  State,  it  may  be  dealt 
with,  inquired  of,  tried,  and  determined  in  either  such  judicial  or  State,  whereupon  it  shall 
be  the  duty  of  the  court  summarily  to  inquire  into  the  circumstances,  upon  such  notice  and 
in  such  manner  as  the  court  shall  direct  and  without  the  formal  pleadings  and  proceedings  appli- 
cable to  ordinary  suits  in  equity,  and  to  make  such  other  persons  or  corporations  parties  thereto 
as  the  court  may  deem  necessary,  and  upon  being  satisfied  of  the  truth  of  the  allegations  of  said  peti- 
tion said  court  shall  enforce  an  observance  of  the  published  tariffs  or  direct  and  require  a  dis- 
continuance of  such  discrimination  by  proper  orders,  writs,  and  process,  which  said  orders,  writs, 
and  process  may  be  enforceable  as  well  against  the  parties  interested  in  the  traffic  as  against  the 
carrier,  subject  to  the  right  of  appeal  as  now  provided  by  law.  It  shall  be  the  duty  of  the  several 
district  attorneys  of  the  United  States,  whenever  the  Attorney-General  shall  direct,  either  of  his 
own  motion  or  upon  the  request  of  the  Interstate  Commerce  Commission,  to  institute  and  pro- 
secute such  proceedings,  and  the  proceedings  provided  for  by  this  Act  shall  not  preclude  the  bring- 
ing of  suit  for  the  recovery  of  damages  by  any  party  injured,  or  any  other  action  provided  by  said 
Act  approved  February  fourth,  eighteen  hundred  and  eighty-seven,  entitled  "An  Act  to  regulate 
commerce"  and  the  Acts  amendatory  thereof.  And  in  proceedings  under  this  Act  and  the  Acts 
to  regulate  commerce  the  said  courts  shall  have  the  power  to  compel  the  attendance  of  witnesses, 
both  upon  the  part  of  the  carrier  and  the  shipper,  who  shall  be  required  to  answer  on  all  subjects 
relating  directly  or  indirectly  to  the  matter  in  controversy,  and  to  compel  the  production  of  all 
books  and  papers,  both  of  the  carrier  and  the  shipper,  which  relate  directly  or  indirectly  to  such 
transaction;  the  claim  that  such  testimony  or  evidence  may  tend  to  criminate  the  person  giving 
such  evidence  shall  not  excuse  such  person  from  testifying  or  such  corporation  producing  its  books 
and  papers,  but  no  person  shall  be  prosecuted  or  subjected  to  any  penalty  or  forfeiture  for  or  on 
account  of  any  transaction,  matter,  or  thing  concerning  which  he  may  testify  or  produce  evidence, 
documentary  or  otherwise,  in  such  proceeding:  Provided,  That  the  provisions  of  an  Act  entitled 
"An  Act  to  expedite  the  hearing  and  determination  of  suits  in  equity  pending  or  hereafter  brought 
under  the  Act  of  July  second,  eighteen  hundred  and  ninety,  entitled  'An  Act  to  protect  trade  and 
commerce  against  unlawful  restraints  and  monopolies,'  'An  Act  to  regulate  commerce,'  approved 
February  fourth,  eighteen  hundred  and  eighty-seven,  or  any  other  acts  having  a  like  purpose  that 
may  be  hereafter  enacted,  approved  February  eleventh,  nineteen  hundred  and  three,"  shall  apply 
to  any  case  prosecuted  under  the  direction  of  the  Attorney-General  in  the  name  of  the  Interstate 
Commerce  Commission. 

Sec.  4.  That  all  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this  Act  are  hereby 
repealed,  but  such  repeal  shall  not  affect  causes  now  pending,  nor  rights  which  have  already  accrued, 
but  such  causes  shall  be  prosecuted  to  a  conclusion  and  such  rights  enforced  in  a  manner  heretofore 
provided  by  law  and  as  modified  by  the  provisions  of  this  Act. 

Sec.  5.  That  this  Act  shall  take  effect  from  its  passage.  Public,  No.  103,  approved  February 
19,  1903. 


Forfeiture,  iti  ad 
dition  to  other  pre 
scribed  penalties,  a 
three  times  arnoun 
o  f  money  and  valm 
of  consideration  ilt« 
pally  received  »h&\ 
be  paid  to  the  Unit 
ed  States. 

Attorney-Goncm 
to  collect  such  fox 
feiture  by  civil  ac 
tion. 


Period  covered  t 
be  six  years  pr  or  t 
commencemem       c 

action. 


II 


Persons  inter  -st© 
in  matters  inv  >lv© 
in  cases  before  ntei 
state  Com  m  ^rc 
Commission  o  cii 
cuit  court  ma  b 
made  par  tie  aa 
shall  be  subje  t  t 
orders  or  decre  s. 


Proceedings  o  a 

join  or  reatrai  di 

partures   from  put 

lished  rates  o:  an 

discrimination  pn 

hibitcd     by  la'' 

against  carrier  all 

parties  interest  d  i 
traffic,  t 


Such,  procet  Jii»( 
shall  not  preve  it  m 
tions  for  recov-  ry  i 
damages  or  )thi 
action  autboriz  d  b 
Act  to  regulate  con 
merce  or  ai  lent 
ments  thereof. 


Compulsory 

nd 


,  at 
tendance  and  test 
mony  of  wit  -earn 
and  productit  n  < 
books  and  pap  ts. 


1< 


Immunity 
tifying  witnesc^s. 


Expediting;  ivct  I 
February  11,1!  03,1 
apply  in  cases  pro* 
cuted  under  dire 
tion  of  Attornej 
General  in  nsTie  < 
Interstate  (^om 
merce  Comm  ssioi 


Conflicting   law 
repealed. 


1 


Natioxal  Association  of  Railway  Commissioners 


245 


Expedition     of 


Hearing  before 
-hree  judges. 


Chief  Justice  to 
lesignate  circuit 
ludge  in  case  of 
jqual  division. 


Heargument. 


Appeal  to  Supreme 
Court. 


Exception. 


EXPEDITING  ACT 

AN  ACT  To  expedite  the  hearing  and  determination  of  suits  in  equity  pending  or  hereafter  brought  under  the 
act  of  July  second,  eighteen  hundred  and  ninety,  entitled  "An  Act  to  protect  trade  and  commerce  against  un- 
lawful restraints  and  monopolies,"  "An  Act  to  regulate  commerce,"  approved  February  fourth,  eighteen 
hundred  and  eighty-seven,  or  any  other  Acts  having  a  like  purpose  that  may  be  hereafter  enacted. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled.  Sec.  i.  (As  amended  June  25,  1910.)  That  in  any  suit  in  equity  pending  or 
hereafter  brought  in  ariy  circuit  court  of  the  United  States  under  the  Act  entitled  "An  Act  to 
protect  trade  and  commerce  against  unlawful  restraints  and  monopohes"  approved  July  second, 
eighteen  hundred  and  ninety,  "An  Act  to  regulate  commerce,"  approved  February  fourth,  eighteen 
hundred  and  eighty-seven,  or  any  other  Acts  having  a  like  purpose  that  hereafter  may  be  enacted, 
wherein  the  United  States  is  complainant,  the  Attorney-General  may  file  with  the  clerk  of  such 
court  a  certificate  that,  in  his  opinion,  the  case  is  of  general  public  importance,  a  copy  which 
shall  be  immediately  furnished  by  such  clerk  to  each  of  the  circuit  judges  of  the  circuit  in  which 
the  case  is  pending.  Thereupon  such  case  shall  be  given  precedence  over  others  and  in  every  way 
expedited,  and  be  assigned  for  hearing  at  the  earliest  practicable  day,  before  not  less  than  three 
of  the  circuit  judges,  of  said  court,  if  there  be  three  or  more;  and  if  there  be  not  more  than  two 
circuit  judges,  then  before  them  and  such  district  judge  as  they  may  select  or,  in  case  the  full  court 
shall  not  at  any  time  be  made  up  by  reason  of  the  necessary  absence  or  disqualification  of  one  or 
more  of  the  said  circuit  judges,  the  justice  of  the  Supreme  Court  assigned  to  that  circuit  or  the 
other  circuit  judge  or  judges  may  designate  a  district  judge  or  judges  within  the  circuit  who  shall 
be  competent  to  sit  in  said  court  at  the  hearing  of  said  suit.  In  the  event  the  judges  sitting  in 
such  case  shall  be  equally  divided  in  opinion  as  to  the  decision  or  disposition  of  said  cause,  or  in 
the  event  that  a  majority  of  said  judges  shall  be  unable  to  agree  upon  the  judgment,  order,  or  de- 
cree finally  disposing  of  said  case  in  said  court  which  should  be  entered  in  said  cause,  then  they  shall 
immediately  certify  that  fact  to  the  Chief  Justice  of  the  United  States,  who  shall  at  once  designate 
and  appoint  some  circuit  judge  to  sit  with  said  judges  and  to  assist  in  determining  said  cause. 
Such  order  of  the  Chief  Justice  shall  be  immediately  transmitted  to  the  clerk  of  the  circuit  court 
in  which  said  cause  is  pending,  and  shall  be  entered  upon  the  minutes  of  said  court.  Thereupon 
said  cause  shall  at  once  be  set  down  for  reargument  and  the  parties  thereto  notified  in  writing  by 
the  clerk  of  said  court  of  the  action  of  the  court  and  the  date  fixed  for  the  reargument  thereof. 
The  provisions  of  this  section  shall  apply  to  all  causes  and  proceedings  in  all  courts  now  pending, 
or  which  may  hereafter  be  brought. 

Sec.  2.  That  in  every  suit  in  equity  pending  or  hereafter  brought  in  any  circuit  court  of  the 
United  States  under  any  of  said  Acts,  wherein  the  United  States  is  complainant,  including  cases 
submitted  but  not  yet  decided,  an  appeal  from  the  final  decree  of  the  circuit  court  will  lie  only 
to  the  Supreme  Court  and  must  be  taken  within  sixty  days  from  the  entry  thereof:  Provided,  That 
in  any  case  where  an  appeal  may  have  been  taken  from  the  final  decree  of  a  circuit  court  to  the  cir- 
cuit court  of  appeals  before  this  Act  takes  efTect,  the  case  shall  proceed  to  a  final  decree  therein, 
and  an  appeal  may  be  taken  from  such  decree  to  the  Supreme  Court  in  the  manner  now  provided 
by  law. 

PubUc,  No.  82,  approved  February  11,  1903;  Public,  No.  310,  approved  June  25,  1910. 


GOVERNMENT  AIDED  RAILROAD  ACT 

AN  ACT  Supplementary  to  the  Act  of  July  first,  eighteen  hundred  and  sixty-two,  entitled  "An  Act  to  aid  in  the 
construction  of  a  railroad  and  telegraph  line  from  the  Missouri  River  to  the  Pacific  Ocean,  and  to  secure  to 
the  Government  the  use  of  the  same  for  postal,  military,  and  other  purposes,"  and  also  of  the  Act  of  July 
second,  eighteen  hundred  and  sixty-four,  and  other  Acts  amendatory  of  said  first-named  Act. 

Govenunent  aided  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 

jraph^  liiS  must  Qrcss  assembled.  That  all  railroad  and  telegraph  companies  to  which  the  United  States  has  granted 
taSTand'o'erate^"'  ^^^  subsidy  in  lauds  or  bonds  or  loan  of  credit  for  the  construction  of  either  railroad  or  telegraph 
lines,  which,  by  the  Acts  incorporating  them,  or  by  any  Act  amendatory  or  supplementary  thereto, 
are  required  to  construct,  maintain,  or  operate  telegraph  lines,  and  all  companies  engaged  in  opera- 
ting said  railroad  or  telegraph  lines  shall  forthwith  and  henceforward,  by  and  through  their  own 
respective  corporate  officers  and  employees,  maintain  and  operate,  for  railroad,  governmental- 
commercial,  and  all  other  purposes,  telegraph  lines,  and  exercise  by  themselves  alone  all  the  tele- 
graph franchises  conferred  upon  them  and  obligations  assumed  by  them  under  the  Acts  making 
the  grants  as  aforesaid. 

Sec.  2.  That  whenever  any  telegraph  company  which  shall  have  accepted  the  provisions  of 
title  sixty-five  of  the  Revised  Statutes  shall  extend  its  line  to  any  station  or  office  of  a  telegraph 
line  belonging  to  any  one  of  said  railroad  or  telegraph  companies,  referred  to  in  the  first  section 
of  this  Act,  said  telegraph  company  so  extending  its  line  shall  have  the  right  and  said  railroad  or 
telegraph  company  shall  allow  the  line  of  said  telegraph  company  so  extending  its  line  to  connect 
with  the  telegraph  line  of  said  railroad  or  telegraph  company  to  which  it  is  extended  at  the  place 
where  their  lines  may  meet,  for  the  prompt  and  convenient  interchange  of  telegraph  business 
between  said  companies;  and  such  railroad  and  telegraph  companies,  referred  to  in  the  first  section 
of  this  Act,  shall  so  operate  their  respective  telegraph  lines  as  to  aflford  equal  facilities  to  all,  with- 


Connecting  tele- 
graph lines. 


Equal  facilities  re< 
quired. 


246 


Fkdebal  Laws  Reoulatixg  Commerce 


out  discrimination  in  favor  of  or  against  any  person,  company,  or  corporation  whatever,  and  shall 
receive,  deliver,  and  exchange  business  with  connecting  telegraph  lines  on  equal  terms,  and  afford- 
ing equal  facilities,  and  without  discrimination  for  or  against  any  one  of  such  connecting  lines; 
and  such  exchange  of  business  shall  be  on  terms  just  and  equitable. 

Sec.  3.  That  if  any  such  railroad  or  telegraph  company  referred  to  in  the  first  section  of  this 
Act  or  company  operating  such  railroad  or  telegraph  line  shall  refuse  or  fail,  in  whole  or  in  part, 
to  maintain  and  operate  a  telegraph  line  as  provided  in  this  Act  and  Acts  to  which  this  is  supple- 
mentary, for  the  use  of  the  Government  or  the  public,  for  commercial  and  other  purposes,  without 
discrimination,  or  shall  refuse  or  fail  to  make  or  continue  such  arrangements  for  the  interchange 
of  business  with  any  connecting  telegraph  company,  then  any  person,  company,  corporation,  or 
connecting  telegraph  company  may  apply  for  relief  to  the  Interstate  Commerce  Commission, 
whose  duty  it  shall  thereupon  be,  under  such  rules  and  regulations  as  said  Commission  may  pre- 
scribe, to  ascertain  the  facts,  and  determine  and  order  what  arrangement  is  proper  to  be  made  in  the 
particular  case,  and  the  railroad  or  telegraph  company  concerned  shall  abide  by  and  perform  such 
order;  and  it  shall  be  the  duty  of  the  Interstate  Commerce  Commission,  when  such  determination 
and  order  are  made,  to  notify  the  parties  concerned,  and,  if  necessary,  enforce  the  same  by  writ 
of  mandamus  in  the  courts  of  the  United  States,  in  the  name  of  the  United  States,  at  the  relation 
of  either  of  said  Interstate  Commerce  Commissioners:  Provided,  That  the  said  Commissioners 
may  institute  any  inquiry,  upon  their  own  motion,  in  the  same  manner  and  to  the  same  effect  as 
though  complaint  had  been  made. 

Sec.  4.  That  in  order  to  secure  and  preserve  to  the  United  States  the  full  value  and  benefit 
of  its  liens  upon  all  the  telegraph  lines  required  to  be  constructed  by  and  lawfully  belonging  to 
said  railroad  and  telegraph  companies  referred  to  in  the  first  section  of  this  Act,  and  to  have  the 
same  possessed,  used,  and  operated  in  conformity  with  the  provisions  of  this  Act  and  of  the  several 
Acts  to  which  this  Act  is  supplementary,  it  is  hereby  made  the  duty  of  the  Attorney-General,  of 
the  United  States,  by  proper  proceedings,  to  prevent  any  unlawful  interference  with  the  rights  and 
equities  of  the  United  States  under  this  Act,  and  under  the  Acts  hereinbefore  mentioned,  and 
under  all  Acts  of  Congress  relating  to  such  railroads  and  telegraph  lines,  and  to  have  legally  ascer- 
tained and  finally  adjudicated  all  alleged  rights  of  all  persons  and  corporations  whatever  claiming 
in  any  manner  any  control  or  interest  of  any  kind  in  any  telegraph  lines  or  property,  or  exclusive 
rights  of  way  upon  the  lands  of  said  railroad  companies,  or  any  of  them,  and  to  have  all  contracts 
and  provisions  oi  contracts  set  aside  and  annulled  which  have  been  unlawfully  and  beyond  their 
powers  entered  into  by  said  railroad  or  telegraph  companies,  or  any  of  them,  with  any  other 
person,  company,  or  corporation. 

Sec.  5.  That  any  officer  or  agent  of  said  railroad  or  telegraph  companies,  or  of  any  company 
operating  the  railroads  and  telegraph  lines  of  said  companies,  who  shall  refuse  or  fail  to  operate 
the  telegraph  lines  of  said  railroad  or  telegraph  companies  under  his  control,  or  which  he  is  engaged 
in  operating,  in  the  manner  directed  in  this  Act  and  by  the  Acts  to  which  it  is  supplementary,  or 
who  shall  refuse  or  fail,  in  such  operation  and  use,  to  afford  and  secure  to  the  Government  and  the 
public  equal  facilities,  or  to  secure  to  each  of  said  connecting  telegraph  lines  equal  advantages  and  faci- 
lities in  the  interchange  of  business,  as  herein  provided  for,  without  any  discrimination  whatever 
for  or  adverse  to  the  telegraph  line  of  any  or  either  of  said  connecting  companies,  or  shall  refuse  to 
abide  by,  or  perform  and  carry  out  within  a  reasonable  time  the  order  or  orders  of  the  Interstate  Com- 
merce Commission,  shall  in  every  such  case  of  refusal  or  failure  be  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  in  every  such  case  be  fined  in  a  sum  not  exceeding  one  thousand  dollars, 
and  may  be  imprisoned  not  less  than  six  months;  and  in  every  such  case  of  refusal  or  failure  the 
party  aggrieved  may  not  only  cause  the  officer  or  agent  guilty  thereof  to  be  prosecuted  under  the 
provisions  of  this  section,  but  may  also  bring  an  action  for  the  damages  sustained  thereby  against 
the  company  whose  officer  or  agent  may  be  guilty  thereof,  in  the  circuit  or  district  court  of  the 
United  States  in  any  State  of  Territory  in  which  any  portion  of  the  road  or  telegraph  line  of  said 
company  may  be  situated;  and  in  case  of  suit  process  may  be  served  upon  any  agent  of  the  com- 
pany found  in  such  State  or  Territory,  and  such  service  shall  be  held  by  the  court  good  and 
sufficient. 

Sec.  6.  That  it  shall  be  the  duty  of  each  and  every  one  of  the  aforesaid  railroad  and  telegraph 
companies,  within  sixty  days  from  and  after  the  passage  of  this  Act,  to  file  with  the  Interstate 
Commerce  Commission  copies  of  all  contracts  and  agreements  of  every  description  existing  between 
it  and  every  other  person  or  corporation  whatsoever  in  reference  to  the  ownership,  possession, 
maintenance,  control,  use,  or  operation  of  any  telegraph  lines,  or  property  over  or  upon  its  rights 
of  way,  and  also  a  report  describing  with  sufficient  certainty  the  telegraph  lines  and  property 
belonging  to  it,  and  the  manner  in  which  the  same  are  being  then  used  and  operated  by  it,  and  the 
telegraph  lines  and  property  upon  its  right  of  way  in  which  any  other  person  or  corporation  claims  to 
have  a  title  or  interest,  and  setting  forth  the  grounds  of  such  claim,  and  the  manner  in  which  the 
same  are  being  then  used  and  operated ;  and  it  shall  be  the  duty  of  each  and  every  one  of  said  rail- 
■road  and  telegraph  companies  annually  hereafter  to  report  to  the  Interstate  Commerce  Com- 
mission, with  reasonable  fullness  and  certainty,  the  nature,  extent,  value,  and  condition  of  the 
telegraph  lines  and  property  then  belonging  to  it,  the  gross  earnings,  and  all  expenses  of  maintenance, 
use,  and  operation  thereof,  and  its  relation  and  business  with  all  connecting  telegraph  companies 
during  the  preceding  year,  at  such  time  and  in  such  manner  as  may  be  required  by  a  system  of 
reports  which  said  Commission  shall  prescribe;  and  if  any  of  said  railroad  or  telegraph  companies 


Complaints  tci  In- 
terstate Commerce 
Commission. 


m 


Duties  of  the  C'om- 
mission  where  {»ia« 
plaint  is  made. 


Commission  -nay 
institute  inquiries  on 
its  ow-n  motioa 


I 

a   -nay 
irit  's  on 

^1 


Duty  of  the  A  tor- 
ney-General     u  ii 


i 


Penalties  for  "all- 
ure to  comply  '  ith 
the  provisions  of  :hu 
Act  or  the  orde  i  ol 
tlie  Interstate  C  >m* 
merce  Commis  ion. 


Actions  for  (  Lira* 
ages  may  alac  b« 
brougnt.         ^  ,H 


Duty   of   railroad 

and  telegraph  linea 
subject  to  this  Act 
to  file  copies  of  eon- 
tracts  and  a  n  port 
with   the   Commis- 


I 


Annual  reports  to 
the  CommtBsion. 


National  Association  of  Eailway  Commissioners 


247 


Penalties  for  re- 
'nsal  to  make  reports 
io  Commbsion. 


Duty  of  Attorney- 
Seneral  to  prose- 
mte. 


Right  of  Congress 
o  alter,  amend,  or 
■epeal. 


Equity  rights  of 
;he  Government 
(reserved. 


shall  refuse  or  fail  to  make  such  reports  or  any  report  as  may  be  called  for  by  said  Commission, 
or  refuse  to  submit  its  books  and  records  for  inspection,  such  neglect  or  refusal  shall  operate  as  a 
forfeiture,  in  each  case  of  such  neglect  or  refusal,  of  a  sum  not  less  than  one  thousand  dollars  nor 
more  than  five  thousand  dollars,  to  be  recovered  by  the  Attorney-General  of  the  United  States, 
in  the  name  and  for  the  use  and  benefit  of  the  United  States;  and  it  shall  be  the  duty  of  the  Inter- 
state Commerce  Commission  to  inform  the  Attorney-General  of  all  such  cases  of  neglect  or  refusal, 
whose  duty  it  shall  be  ULproceed  at  once  to  judicially  enforce  the  forfeitures  hereinbefore  provided. 

Sec.  7.  That  nothing  in  this  Act  shall  be  construed  to  affect  or  impair  the  right  of  Congress, 
at  any  time  hereafter,  to  alter,  amend,  or  repeal  the  said  acts  hereinbefore  mentioned;  and  this 
Act  shall  be  subject  to  alteration,  amendment,  or  repeal  as,  in  the  opinion  of  Congress,  justice 
or  the  public  welfare  may  require;  and  nothing  herein  contained  shall  be  held  to  deny,  exclude,  or 
impair  any  right  or  remedy  in  the  premises  now  existing  in  the  United  States,  or  any  authority  that 
the  Postmaster-General  now  has  under  title  sixty-five  of  the  Revised  Statutes  to  fix  rates,  or, 
of  the  Government,  to  purchase  lines  as  provided  under  said  title,  or  to  have  its  messages  given 
precedence  in  transmission. 

Public,  No.  237,  approved  August  7,  1888. 


Driving  -wheel 
md  train  brakes. 


Automatic     coup- 
ers. 


-  When  carriers  may 
Awfully  refuse  to 
receive  cars  from 
x>nnecting  lines  or 
thippers. 


Grab    irons    and 
liandbolds. 


Standard  height 
[>f  drawbars  for 
freight  cars. 


_  Penalty  for  viola- 
tion of  the  provisions 
of  this  act. 


Duty  of  United 
States  district  attor- 
ney. 


Duty  of  Interstate 
Commerce  Commis* 


Exceptions  to  the 
act. 


SAFETY  APPLIANCE  ACT 

AN  ACT  To  promote  the  safety  of  employees  and  travelers  upon  railroads  by  compelling  common  carriers  en- 
gaged in  interstate  commerce  to  equip  their  cars  with  automatic  couplers  and  continuous  brakes  and  their 
locomotives  with  driving-wheel  brakes,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  from  and  after  the  first  day  of  January,  eighteen  hundred  and  ninety-eight, 
it  shall  be  unlawful  for  any  common  carrier  engaged  in  interstate  commerce  by  railroad  to  use  on 
its  line  any  locomotive  engine  in  moving  interstate  traffic  not  equipped  with  a  power  driving- 
wheel  brake  and  appliances  for  operating  the  train-brake  system,  or  to  run  any  train  in  such  traffic 
after  said  date  that  has  not  a  sufficient  number  of  cars  in  it  so  equipped  with  power  or  train  brakes 
that  the  engineer  on  the  locomotive  drawing  such  train  can  control  its  speed  without  requiring 
brakemen  to  use  the  common  hand  brake  for  that  purpose. 

Sec.  2.  That  on  and  after  the  first  day  of  January,  eighteen  hundred  and  ninety-eight,  it 
shall  be  unlawful  for  any  such  common  carrier  to  haul  or  permit  to  be  hauled  or  used  on  its  line  any 
car  used  in  moving  interstate  traffic  not  equipped  with  couplers  coupling  automatically  by  impact, 
and  which  can  be  uncoupled  without  the  necessity  of  men  going  between  the  ends  of  the  cars. 

Sec.  3.  That  when  any  person,  firm,  company,  or  corporation  engaged  in  interstate  commerce 
by  railroad  shall  have  equipped  a  sufficient  number  of  its  cars  so  as  to  comply  with  the  provisions 
of  section  one  of  this  Act,  it  may  lawfully  refuse  to  receive  from  connecting  lines  of  road  or  shippers 
any  cars  not  equipped  sufficiently,  in  accordance  with  the  first  section  of  this  Act,  with  such  power 
or  train  brakes  as  will  work  and  readily  interchange  with  the  brakes  in  use  on  its  own  cars,  as  re- 
quired by  this  Act. 

Sec.  4.  That  from  and  after  the  first  day  of  July,  eighteen  hundred  and  ninety-five,  until 
otherwise  ordered  by  the  Interstate  Commerce  Commission,  it  shall  be  unlawful  for  any  railroad 
company  to  use  any  car  in  interstate  commerce  that  is  not  provided  with  secure  grab  irons  or 
handholds  in  the  ends  and  sides  of  each  car  for  greater  security  to  men  in  coupling  and  uncoupling 
cars. 

Sec.  5.  That  within  ninety  days  from  the  passage  of  this  Act  the  American  Railway  Asso- 
ciation is  authorized  hereby  to  designate  to  the  Interstate  Commerce  Commission  the  standard 
height  of  drawbars  for  freight  cars,  measured  perpendicular  from  the  level  of  the  tops  of  the  rails 
to  the  centers  of  the  drawbars,  for  each  of  the  several  gauges  of  railroads  in  use  in  the  United  States, 
and  shall  fix  a  maximum  variation  from  such  standard  height  to  be  allowed  between  the  drawbars 
of  empty  and  loaded  cars.  Upon  their  determination  being  certified  to  the  Interstate  Commerce 
Commission,  said  Commission  shall  at  once  give  notice  of  the  standard  fixed  upon  to  all  common 
carriers,  owners,  or  lessees  engaged  in  interstate  commerce  in  the  United  States  by  such  means 
as  the  Commission  may  deem  proper.  But  should  said  association  fail  to  determine  a  standard  as 
above  provided,  it  shall  be  the  duty  of  the  Interstate  Commerce  Commission  to  do  so,  before 
July  first,  eighteen  hundred  and  ninety-four,  and  immediately  to  give  notice  thereof  as  aforesaid. 
And  after  July  first,  eighteen  hundred  and  ninety-five,  no  cars,  either  loaded  or  unloaded,  shall  be 
used  in  interstate  traffic  which  do  not  comply  with  the  standard  above  provided  for. 

Sec.  6.  (As  amended  April  1,  1896.)  That  any  such  common  carrier  using  any  locomotive 
engine,  running  any  train,  or  hauling  or  permitting  to  be  hauled  or  used  on  its  line  any  car  in  viola- 
tion of  any  of  the  provisions  of  this  Act,  shall  be  liable  to  a  penalty  of  one  hundred  dollars  for  each 
and  every  such  violation,  to  be  recovered  in  a  suit  or  suits  to  be  brought  by  the  United  States 
district  attorney  in  the  district  court  of  the  United  States  having  jurisdiction  in  the  locality  where 
such  violation  shall  have  been  committed;  and  it  shall  be  the  duty  of  such  district  attorney  to 
bring  such  suits  upon  duly  verified  information  being  lodged  with  him  of  such  violation  having 
occurred;  and  it  shall  also  be  the  duty  of  the  Interstate  Commerce  Commission  to  lodge  with  the 
proper  district  attorneys  information  of  any  such  violations  as  may  come  to  its  knowledge:  Pro- 
vided, That  nothing  in  this  Act  contained  shall  apply  to  trains  composed  of  four-wheel  cars  or  to 
trains  composed  of  eight-wheel  standard  logging  cars  where  the  height  of  such  car  from  top  of 


248 


Federal  Laws  Reoi'latixg  Commerce 


rail  to  center  of  coupling  does  not  exceed  twenty-five  inches,  or  to  locomotives  used  in  hauling  such 
trains  when  such  cars  or  locomotives  are  exclusively  used  for  the  transportation  of  logs. 

Sec.  7.  That  the  Interstate  Commerce  Commission  may  from  time  to  time  upon  full  hearing 
and  for  good  cause  extend  the  period  within  which  any  common  carrier  shall  comply  with  the 
provisions  of  this  Act. 

Sec.  8.  That  any  employee  of  any  such  common  carrier  who  may  be  injured  by  any  locomotive, 
car,  or  train  in  use  contrary  to  the  provision  of  this  Act  shall  not  be  deemed  thereby  to  have 
assumed  the  risk  thereby  occasioned,  although  continuing  in  the  employment  of  such  carrier  after 
the  unlawful  use  of  such  locomotive,  car,  or  train  had  been  brought  to  his  knowledge. 

Pubhc,  No.  113,  approved  March  2,  1893,  amended  April,  1,  1896. 

NOTE — -Prescribed  standard  height  of  drawbars:    Standard-gauge  roads,  34-5  inches;  narrow-gauge  roads, 
26  inches;  maximum  variation  between  loaded  and  empty  cars,  0  inches. 


Power  of  Inte 
state  Commeri 
Commisaion  to  6 
tend  time  of  Carrie 
to  comply  with  th 
act. 

Employees  n  o 
deemed  to  assun 
risk  of  employmen 


SAFETY  APPLIANCE  ACT 

AN  ACT  To  amend  an  Act  entitled  "An  Act  to  promote  the  safety  of  employees  and  travelers  upon  railroads 
by  compelling  common  carriers  engaged  in  interstate  commerce  to  equip  their  cars  with  automatic  couplers 
and  continuous  brakes  and  their  locomotives  with  driving-wheel  brakes,  and  for  other  purposes,"  approved 
March  second,  eighteen  hundred  and  ninety-three,  and  amended  April  first,  eighteen  hundred  and  ninety-six. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  the  provisions  and  requirements  of  the  Act  entitled  "An  Act  to  promote  the 
safety  of  employees  and  travelers  upon  railroads  by  compelling  common  carriers  engaged  in  inter- 
state commerce  to  equip  their  cars  with  automatic  couplers  and  continuous  brakes,  and  their 
locomotives  with  driving-wheel  brakes,  and  for  other  purposes,"  approved  March  second,  eighteen 
hundred  and  ninety-three,  and  amended  April  first,  eighteen  hundred  and  ninety-six,  shall  be  held 
to  apply  to  common  carriers  by  railroads  in  the  Territories  and  the  District  of  Columbia  and  shall 
apply  in  all  cases,  whether  or  not  the  couplers  brought  together  are  of  the  same  kind,  make,  or 
type;  and  the  provisions  and  requirements  hereof  and  of  said  Acts  relating  to  train  brakes,  auto- 
matic couplers,  grab  irons,  and  the  height  of  drawbars  shall  be  held  to  apply  to  all  trains,  loco- 
motives, tenders,  cars,  and  similar  vehicles  used  on  any  railroad  engaged  in  interstate  commerce, 
and  in  the  Territories  and  the  District  of  Columbia,  and  to  all  other  locomotives,tenders,  cars,  and 
similar  vehicles  used  in  connection  therewith,  excepting  those  trains,  cars,  and  locomotives  ex- 
empted by  the  provisions  of  section  six  of  said  Act  of  March  second,  eighteen  hundred  and  ninety- 
three,  as  amended  by  the  Act  of  April  first,  eighteen  hundred  and  ninety-six,  or  which  are  used 
upon  street  railways. 

Sec.  2.  That  whenever,  as  provided  in  said  Act,  any  train  is  operated  with  power  or  train  brakes, 
not  less  than  fifty  per  centum  of  the  cars  in  such  train  shall  have  their  brakes  used  and  operated 
by  the  engineer  of  the  locomotive  drawing  such  train;  and  all  power-braked  cars  in  such  train 
which  are  associated  together  with  said  fifty  per  centum  shall  have  their  brakes  so  used  and  operated; 
and,  to  more  fully  carry  into  effect  the  objects  of  said  Act,  the  Interstate  Commerce  Commission 
may,  from  time  to  time,  after  full  hearing,  increase  the  minimum  percentage  of  cars  in  any  train 
required  to  be  operated  with  power  or  train  brakes  which  must  have  their  brakes  used  and  operated 
as  aforesaid;  and  failure  to  comply  with  any  such  requirement  of  the  said  Interstate  Commerce 
Commission  shall  be  subject  to  the  like  penalty  as  failure  to  comply  with  any  requirement  of  this 
section. 

Sec.  3.  That  the  provisions  of  this  Act  shall  not  take  effect  until  September  first,  nineteen 
hundred  and  three.  Nothing  in  this  Act  shall  be  held  or  construed  to  relieve  any  common  carrier, 
the  Interstate  Commerce  Commission,  or  any.  United  States  district  attorney  from  any  of  the 
provisions,  powers,  duties,  liabilities,  or  requirements  of  said  Act  of  March  second,  eighteen  hundred 
and  ninety-three,  as  amended  by  the  Act  of  April  first,  eighteen  hundred  and  ninety-six;  and  all 
of  the  provisions,  powers,  duties,  requirements,  and  liabilities  of  said  Act  of  March  second,  eighteen 
hundred  and  ninety-three,  as  amended  by  the  Act  of  April  first,  eighteen  hundred  and  ninety-six, 
shall  except  as  specifically  amended  by  this  Act,  apply  to  this  Act. 

Pubhc,  No.  133,  approved  March  2,  1903. 


Safety  appliar 
act  of  Mar.  2,  18' I 
as  amended  by  t 
of  Apr.  1,  1896,  sh 
apply  in  Territor 
and  District  of  C 
umbia. 

Provisions  of  sa 
ty  appliance  acts 
to  couplers  shall  i 
ply  in  all  cases  wh 
couplers  are  broug 
together. 

Safety  applian 
acts  shall  apply 
all  equipment  of  a 
railroad  engaged 
interstate  commer 


Exceptions. 


Power  or  trs 
brakes  on  not  U 
than  50  per  cent 
cars  in  trains  sh: 
be  used  and  operat 


Commission  mi 
increase  minimu 
percentage  of  pow 
or  train  brake  C£ 
to  be  used. 


Penalty. 


Act  effective  Se] 
1.  19C3. 


Provisions,  powt 

duties,  requiremei 
and  liabilities  spe 
hed  in  act  of  Mar. 
1893,  and  act  of  A' 
1,  1896,  apply  to  ti 
act. 


SAFETY  APPLIANCE  ACT 

AN  ACT  To  supplement  ''An  Act  to  promote  the  safety  of  employees  and  travelers  upon  railroads  by  compelling 
common  carriers  engaged  in  interstate  commerce  to  equip  their  cars  with  automatic  couplers  and  continuous 
brakes  and  their  locomotives  with  driving-wheel  brakes  and  for  other  purposes/'  and  other  safety  appliance 
Acts,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled.  That  the  provisions  of  this  Act  shall  apply  to  every  common  carrier  and  every 
vehicle  subject  to  the  Act  of  March  second,  eighteen  hundred  and  ninety-three,  as  amended  April 
first,  eighteen  hundred  and  ninety-six,  and  March  second,  nineteen  hundred  and  three,  commonly 
known  as  the  ''Safety  Appliance  Acts." 

Sec.  2.  That  on  and  after  July  first,  nineteen  hundred  and  eleven,  it  shall  be  unlawful  for  any 
common  carrier  subject  to  the  provisions  of  this  Act  to  haul,  or  permit  to  be  hauled  or  used  on  its 


To   what  carric 
applicable. 


When 
tive. 


cffe 


Natioxal  Associatiox  of  Eailway  Commissioners 


249 


Care  to  be  equip- 
ped with  sill  steps, 
hand  brakes,  lad- 
ders ,jrunninfr  boards, 
md  grab  irons. 


Commission  to 
designate  number, 
dimensions,  location 
uid  manner  ol  appli- 
cation of  appliances. 


Period  of  com- 
pliance may  be  ex- 
tended. 


Commission  may 
modify  height  of 
drawbars. 


Present  standard 
height  of  drawbare 
legal. 


Penalty  for  viola- 
tion of  provisions  of 
this  Act. 


Defective  cars 
may  be  hauled  to 
nearest  available  re- 
pair point. 


Carriers  not  re- 
lieved from  liability 
for  death  or  injury. 


Hauling  by  chains. 


Carriers  n  o  t  re- 
lieved from  penalty, 
except  for  causes 
above  named. 


Enforcement. 


_  Extension  of  effec- 
tive date  of  supple- 
mentary Act, 


line  any  car  subject  to  the  provisions  of  this  Act  not  equipped  with  appliances  provided  for  in  this 
Act,  to-wit:  All  cars  must  be  equipped  with  secure  sill  steps  and  efficient  hand  brakes;  all  cars  re- 
quiring secure  ladders  and  secure  running  boards  shall  be  equipped  with  such  ladders  and  running 
boards,  and  all  cars  having  ladders  shall  also  be  equipped  with  secure  hand  holds  or  grab  irons  on 
their  roofs  at  the  tops  of  such  ladders :  Provided,  That  in  the  loading  and  hauling  of  long  commodities, 
requiring  more  than  one  car,  the  hand  brakes  may  be  omitted  on  all  save  one  of  the  cars  while 
they  are  thus  combined  for  such  purpose. 

Sec,  3.  That  within  six  months  from  the  passage  of  this  Act  the  Interstate  Commerce  Commis- 
sion, after  hearing,  sh4l  designate  the  number,  dimensions,  location,  and  manner  of  application 
of  the  appliances  provided  for  by  section  two  of  this  Act  and  section  four  of  the  Act  of  March  second, 
eighteen  hundred  and  ninety-three,  and  shall  give  notice  of  such  designation  to  all  common  carriers 
subject  to  the  provisions  of  this  Act  by  such  means  as  the  Commission  may  deem  proper,  and  there- 
after said  number,  location,  dimensions,  and  manner  of  application  as  designated  by  said  Commis- 
sion shall  remain  as  the  standards  of  equipment  to  be  used  on  all  cars  subject  to  the  provisions 
of  this  Act,  unless  changed  by  an  order  of  said  Interstate  Commerce  Commission,  to  be  made  after 
full  hearing  and  for  good  cause  shown;  and  failure  to  comply  with  any  such  requirement  of  the 
Interstate  Commerce  Commission  shall  be  subject  to  a  like  penalty  as  failure  to  comply  with  any 
requirement  of  this  Act:  Provided,  That  the  Interstate  Commerce  Commission  may,  upon  full 
hearing  and  for  good  cause,  extend  the  period  within  which  any  common  carrier  shall  comply 
with  the  provisions  of  this  section  with  respect  to  the  equipment  of  cars  actually  in  service  upon 
the  date  of  the  passage  of  this  Act.  Said  commission  is  hereby  given  authority,  after  hearing,  to 
modify  or  change,  and  to  prescribe  the  standard  height  of  drawbars  and  to  fix  the  time  within 
which  such  modification  or  change  shall  become  effective  and  obligatory,  and  prior  to  the  time  so 
fixed  it  shall  be  unlawful  to  use  any  car  or  vehicle  in  interstate  or  foreign  traffic  which  does  not 
comply  with  the  standard  now  fixed  or  the  standard  so  prescribed,  and  after  the  time  so  fixed 
it  shall  be  unlawful  to  use  any  car  or  vehicle  in  interstate  or  foreign  traffic  which  does  not  comply 
with  the  standard  so  prescribed  by  the  Commission, 

Sec  4.  That  any  common  carrier  subject  to  this  Act  using,  hauling,  or  permitting  to  be 
used  or  hauled  on  its  line  any  car  subject  to  the  requirements  of  this  Act  not  equipped  as  provided 
in  this  Act  shall  be  liable  to  a  penalty  of  one  hundred  dollars  for  each  and  every  such  violation,  to 
be  recovered  as  provided  in  section  six  of  the  Act  of  March  second,  eighteen  hundred  and  ninety- 
three,  as  amended  April  first,  eighteen  hundred  and  ninety-six:  Provided,  That  where  any  car  shall 
have  been  properly  equipped,  as  provided  in  this  Act  and  the  other  Acts  mentioned  herein,  and  such 
equipment  shall  have  become  defective  or  insecure  while  such  car  was  being  used  by  such  carrier 
upon  its  line  of  railroad,  such  car  may  be  hauled  from  the  place  where  such  equipment  was  first 
discovered  to  be  effective  or  insecure  to  the  nearest  available  point  where  such  car  can  be  repaired, 
without  liability  for  the  penalties  imposed  by  section  four  of  this  Act  or  section  six  of  the  Act  of 
March  second,  eighteen  hundred  and  ninety-three,  as  amended  by  the  Act  of  April  first,  eighteen 
hundred  and  ninety-six,  if  such  movement  is  necessary  to  make  such  repairs  and  such  repairs  can 
not  be  made  except  at  such  repair  point;  and  such  movement  or  hauling  of  such  car  shall  be  at  the 
sole  risk  of  the  carrier,  and  nothing  in  this  section  shall  be  construed  to  relieve  such  carrier  from 
liability  in  any  remedial  action  for  the  death  or  injury  of  any  railroad  employee  caused  to  such 
employee  by  reason  of  or  in  connection  with  the  movement  or  hauling  of  such  car  with  equipment 
which  is  defective  or  insecure  or  which  is  not  maintained  in  accordance  with  the  requirements 
of  this  Act  and  the  other  Acts  herein  referred  to;  and  nothing  in  this  proviso  shall  be  construed' 
to  permit  the  hauling  of  defective  cars  by  means  of  chains  instead  of  drawbars,  in  revenue  trains 
or  in  association  with  other  cars  that  are  commercially  used,  unless  such  defective  cars  contain 
live  stock  or  "perishable"  freight. 

Sec.  5.  That  except  that,  within  the  limits  specified  in  the  preceding  section  of  this  Act,  the 
movement  of  a  car  with  defective  or  insecure  equipment  may  be  made  without  incurring  the  penalty 
provided  by  the  statutes,  but  shall  in  all  other  respects  be  unlawful,  nothing  in  this  Act  shall  be 
held  or  construed  to  relieve  any  common  carrier,  the  Interstate  Commerce  Commission,  or  any 
United  States  attorney  from  any  of  the  provisions,  powers,  duties,  liabilities,  or  requirements  of  ■ 
said  Act  of  March  second,  eighteen  hundred  and  ninety-three,  as  amended  by  the  Acts  of  April 
first,  eighteen  hundred  and  ninety-six,  and  March  second,  nineteen  hundred  and  three;  and,  except 
as  aforesaid,  all  of  the  provisions,  powers,  duties,  requirements,  and  liabilities  of  said  Act  of  March 
second,  eighteen  hundred  and  ninety-three,  as  amended  by  the  Acts  of  April  first,  eighteen  hundred 
and  ninety-six,  and  March  second,  nineteen  hundred  and  three,  shall  apply  to  this  Act. 

Sec  6.  That  it  shall  be  the  duty  of  the  Interstate  Commerce  Commission  to  enforce  the  pro- 
visions of  this  Act,  and  all  powers  heretofore  granted  to  said  Commission  are  hereby  extended  to 
it  for  the  purpose  of  the  enforcement  of  this  Act. 

That  the  jurisdiction  of  the  Interstate  Commerce  Commission  to  extend  the  period  within 
which  any  common  carrier  shall  comply  with  the  provisions  of  section  three  of  the  Act  entitled 
"An  Act  to  supplement  'An  Act  to  promote  the  safety  of  employees  and  travelers  upon  railroads 
by  compelling  common  carriers  engaged  in  interstate  commerce  to  equip  their  cars  with  automatic 
couplers  and  continuous  brakes  and  their  locomotives  with  driving-wheel  brakes,  and  for  other 
purposes,'  and  other  safety-appliance  acts,  and  for  other  purposes,"  approved  April  fourteenth, 
nineteen  hundred  and  ten,  shall  apply  to  cars  actually  placed  in  service  between  the  date  of  the 
passage  of  said  Act  and  the  first  day  of  July,  nineteen  hundred  and  eleven,  in  the  same  manner  and 


250 


Federal  Laws  Regulating  Commekce 


to  the  same  extent  that  it  applies  to  cars  actually  in  service  upon  the  date  of  the  passage  of  said 
Act.    [36  Stat.  L.,  1397.] 

Pubhc,  No.  133,  approved  April  14,  1910;  Public,  No.  525,  approved  March  4,  1911. 


BLOCK  SIGNAL  RESOLUTION 

.TOINT  RESOLUTION  Directing  the  Interstate  Commerce  Commission  to  investigate  and  report  on  block- 
signal  systems  and  appliances  for  the  automatic  control  of  railway  trains. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Congress 
assembled,  That  the  Interstate  Commerce  Commission,  be,  and  it  is  hereby,  directed  to  investigate 
and  report  on  the  use  of  and  necessity  for  block-signal  systems  and  appliances  for  the  automatic 
control  of  railway  trains  in  the  United  States.  For  this  purpose  the  Commission  is  authorized  to 
employ  persons  who  are  familiar  with  the  subject,  and  may  use  such  of  its  own  employees  as  are 
necessary  to  make  a  thorough  examination  into  the  matter. 

In  transmitting  its  report  to  the  Congress  the  Commission  shall  recommend  such  legislation 
as  to  the  Commission  seems  advisable. 

To  carry  out  and  give  effect  to  the  provisions  of  this  resolution  the  Commission  shall  have  power 
to  issue  subpoenas,  administer  oaths,  examine  witnesses,  require  the  production  of  books  and 
papers,  and  receive  depositions  taken  before  any  proper  officer  in  any  State  or  Territory  of  the 
United    States. 

Pubhc  Resolution,  No.  46,  approved  Jime  30,  1906. 


Commission  d 
rected  to  investigat 
and  report  on  necei 
sity   for   block    si| 


Commiasion  t< 
take  testimony  ad 
make  recommentii 
tions. 


INTERLOCKING  ACT 

AN  ACT  To  grant  the  right  of  way  through  the  Oklahoma  Territory  and  the  Indian  Territory  to  the  Enid  and 
Anadarko  Railway  Companj',  and  for  other  purposes. 

Sec.  18.  That  when  in  any  case  two  or  more  railroads  crossing  each  other  at  a  common  grade 
shall,  by  a  system  of  interlocking  or  automatic  signals,  or  by  any  works  or  fixtures  to  be  erected  by 
them,  render  it  safe  for  engines  and  trains  to  pass  over  such  crossing  without  stopping,  and  such 
interlocking  or  automatic  signals  or  works  or  fixtures  shall  be  approved  by  the  Interstate  Commerce 
Commissioners,  then,  in  that  case,  it  is  hereby  made  lawful  for  the  engines  and  trains  of  such 
railroad  or  railroads  to  pass  over  such  crossings  without  stopping,  any  law  or  the  provisions  of 
any  law  to  the  contrary  notwithstanding;  and  when  two  or  more  railroads  cross  each  other  at  a 
common  grade,  either  of  such  roads  may  apply  to  the  Interstate  Commerce  Commissioners  for  per- 
mission to  introduce  upon  both  of  said  railroads  some  system  of  interlocking  or  automatic  signals 
or  works  or  fixtures  rendering  it  safe  for  engines  and  trains  to  pass  over  such  crossings  without 
stopping,  and  it  shall  be  the  duty  of  said  Interstate  Commerce  Commissioners,  if  the  system  of 
works  and  fixtures  which  it  is  proposed  to  erect  by  said  company  are,  in  the  opinion  of  the  Com- 
mission, sufficient  and  proper,  to  grant  such  permission. 

Sec.  19.  That  any  railroad  company  which  has  obtained  permission  to  introduce  a  system  of 
interlocking  or  automatic  signals  at  its  crossing  at  a  common  grade  with  any  other  railroad,  as  pro- 
vided in  the  last  section,  may,  after  thirty  days'  notice,  in  writing,  to  such  other  railroad  company, 
introduce  and  erect  such  interlocking  or  automatic  signal  or  fixtures;  and  if  such  railroad  company, 
after  such  notification,  refuses  to  join  with  the  railroad  company  giving  notice  in  the  construction 
of  such  works  or  fixtures,  it  shall  be  lawful  for  said  company  to  enter  upon  the  right  of  way  and 
tracks  of  such  second  company,  in  such  manner  as  to  not  unnecessarily  impede  the  operation  of 
such  road,  and  erect  such  works  and  fixtures,  and  may  recover  in  any  action  at  law  from  such 
second  company  one-half  of  the  total  cost  of  erecting  and  maintaining  such  interlocking  or  auto- 
matic signals  or  works  or  fixtures  on  both  of  said  roads. 

*****  *  * 

Public,  No.  26,  approved  February  28,  1902. 


Approval  by  Co  t 
mission  of  interlo<  li 
ins  or  automatic  b  ( 
nals  at  cFOssings. 


w 


Common  g* 
dosaing. 


Notice  of  intent  t 
use  signals  at  ck  a 
ings. 

Division  of  i 


Monthly  report  •( 
'.oents. 


ACCIDENT  REPORT  ACT 

AN  ACT  Requiring  common  carriers  engaged  in  interstate  and  foreign  commerce  to  make  lull  reports  of  all  acci- 
dents to  the  Interstate  Commerce  Commission,  and  authorizing  investigations  thereof  by  said  Commission. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  it  shall  be  the  duty  of  the  general  manager,  superintendent,  or  other  proper  raUway  acoii 
officer  of  every  common  carrier  engaged  in  interstate  or  foreign  commerce  by  railroad  to  make 
to  the  Interstate  Commerce  Commission,  at  its  office  in  Washington,  District  of  Columbia,  a 
monthly  report,  under  oath,  of  all  collisions,  derailments,  or  other  accidents  resulting  in  injury 
to  persons,  equipment,  or  roadbed  arising  from  the  operation  of  such  railroad  under  such  rules  and 
regulations  as  may  be  prescribed  by  the  said  Commission,  which  report  shall  state  the  nature  and 
causes  thereof  and  the  circumstances  connected  therewith :  Provided,  That  hereafter  all  said  carriers 
shall  be  relieved  from  the  duty  of  reporting  accidents  in  their  annual  financial  and  operating  reports 
made  to  the  Commission. 


« 


National  Association  of  Eailway  Commissioners 


251 


Failure  to  make 
report  within  thirty 
days  after  end  of 
any  month  a  mis- 
demeanor. 

Penalty. 


Power  of  the  Com- 
mission to  investi- 
gate accidents. 


Taking    of    testi- 
mony. 


ytate  commissions 


Reports  of  investi- 
gations. 


Reports  not  to  be 
used  in  evidence 
against  carrier. 


Form  of  report. 


Repeal     of     prior 
Act. 


"Interstate  Com- 
merce" and  "for- 
eign commerce"  de- 
fined. 


When    Act    effec- 
tive. 


Sec.  2.  That  any  common  carrier  failing  to  make  such  report  within  thirty  days  after  the 
end  of  any  month  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by  a  court 
of  competent  jurisdiction  shall  be  punished  by  a  fine  of  not  more  than  one  hundred  dollars  for  each 
and  every  offense  and  for  every  day  during  which  it  shall  fail  to  make  such  report  after  the  time 
herein  specified  for  making  the  same. 

Sec.  3.  That  the  Interstate  Commerce  Commission  shall  have  authority  to  investigate  all 
coUisions,  derailments,  or  other  accidents  resulting  in  serious  injury  to  person  or  to  the  property 
of  a  railroad  occuring  on  the  line  of  any  common  carrier  engaged  in  interstate  or  foreign  commerce 
by  railroad.  The  Co^imission,  or  any  impartial  investigator  thereunto  authorized  by  said  Com- 
mission, shall  have  authority  to  investigate  such  collisions,  derailments,  or  other  accidents  aforesaid, 
and  al.  the  attending  facts,  conditions,  and  circumstances,  and  for  that  purpose,  may  subpoena 
witnesses,  administer  oaths,  take  testimony,  and  require  the  production  of  books,  papers,  orders, 
memoranda,  exhibits,  and  other  evidence,  and  shall  be  provided  by  said  carriers  with'all  reason- 
able facilities:  Provided,  That  when  such  accident  is  investigated  by  a  commission  of  the  State  in 
which  it  occurred,  the  Interstate  Commerce  Commission  shall,  if  convenient,  make  any  investi- 
gation it  may  have  previously  determined  upon,  at  the  same  time  as,  and  in  connection  with,  the 
state  commission  investigation.  Said  Commission  shall,  when  it  deems  it  to  the  public  interest, 
make  reports  of  such  investigations,  stating  the  cause  of  ace  dent,  together  with  such  recommenda- 
tions as  it  deems  proper.  Such  reports  shall  be  made  public  in  such  manner  as  the  Commission 
deems  proper. 

Sec.  4.  That  neither  said  report  nor  any  report  of  said  investigation  nor  any  part  thereof  shall 
be  admitted  as  evidence  or  used  for  any  purpose  in  any  suit  or  action  for  damages  growing  out 
of  any  matter  mentioned  in  said  report  or  investigation. 

Sec.  5.  That  the  Interstate  Commerce  Commission  is  authorized  to  prescribe  for  such  common 
carriers  a  method  and  form  for  making  the  reports  hereinbefore  provided. 

Sec.  6.  That  the  Act  entitled  "An  Act  requiring  common  carriers  engaged  in  interstate 
commerce  to  make  full  reports  of  all  accidents  to  the  Interstate  Commerce  Commission,"  approved 
March  third,  nineteen  hundred  and  one,  is  hereby  repealed. 

Sec.  7.  That  the  term  "interstate  commerce,"  as  used  in  this  Act,  shall  include  transporta- 
tion from  any  State  or  Territory  or  the  District  of  Columbia  to  any  other  State  or  Territory  or  the 
District  of  Columbia,  and  the  term  "foreign  commerce,"  as  used  in  this  Act,  shall  include  trans- 
portation from  any  State  or  Territory  or  the  District  of  Columbia  to  any  foreign  country  and  from 
any  foreign  country  to  any  State  or  Territory  or  the  District  of  Columbia. 

Sec.  8.  That  this  Act  shall  take  effect  sixty  days  after  its  passage. 

Public,  No.  1G5,  approved  May  6,  1910. 


Commission  in- 
structed to  examine 
into  subject  of  rail- 
road discriminations 
in  coal  and  oil,  and 
make  report  from 
time  to  time. 


Interest  of  car- 
riers in  coal  and  oil 
lands  or  coal  and  oil 
traffic. 

Interest  of  railroad 
officials  in  coal  and 
oil  lands  or  coal  and 
oil  traffic. 


Combination  o  r 
trust  in  restraint  of 
trade,  or  monopoly 
in  coal  or  oil  traffic. 


Co: 


mmission      to 


make  report. 


COAL   AND  OIL  RESOLUTION 

JOINT  RESOLUTION  Instructing  the  Interstate  Commerce  Commission  to  make  examinations  into  the  sub- 
ject of  raih'oad  discrimination.^  and  monopolies  in  coal  and  oil,  and  report  on  the  same  from  time  to  time. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Congress 
assembled,  That  the  Interstate  Commerce  Commission  be,  and  is  hereby,  authorized  and  instructed 
immediately  to  inquire,  investigate,  and  report  to  Congress,  or  to  the  President  when  Congress 
is  not  in  session,  from  time  to  time  as  the  investigation  proceeds — 

First.  Whether  any  common  carriers  by  railroad,  subject  to  the  interstate-commerce  act, 
or  either  of  them,  own  or  have  any  interest  in,  by  means  of, stock  ownership  in  other  corporations  or 
otherwise,  any  of  the  coal  or  oil  which  they,  or  either  of  them,  directly  or  through  other  companies 
which  they  control  or  in  which  they  have  an  interest,  carry  over  their  or  any  of  their  lines  as  common 
carriers,  or  in  any  manner  own,  control,  or  have  any  interest  in  coal  lands  or  properties  or  oil  lands 
or  properties. 

Second.  Whether  the  officers  of  any  of  the  carrier  companies  aforesaid,  or  any  of  them,  or  any 
person  or  persons  charged  with  the  duty  of  distributing  cars  or  furnishing  facilities  to  shippers, 
are  interested,  either  directly  or  indirectly,  by  means  of  stock  ownership  or  otherwise,  in  corpora- 
tions or  companies  owning,  operating,  leasing,  or  otherwise  interested  in  any  coal  mines,  coal 
properties,  or  coal  traffic,  oil,  oil  properties,  or  oil  traffic  over  the  railroads  with  which  they  or  any 
of  them  are  connected  or  by  which  they  or  any  of  them  are  employed. 

Third.  Whether  there  is  any  contract,  combination  in  the  form  of  trust,  or  otherwise,  or  con- 
apiracy  in  restraint  of  trade  or  commerce  among  the  several  States,  in  which  any  common  carrier 
sngaged  in  the  transportation  of  coal  or  oil  is  interested,  or  to  which  it  is  a  party;  and  whether 
end  such  common  carrier  monopolizes  or  attempts  to  monopolize  or  combines  or  conspires  with 
any  other  carrier,  company  or  companies,  person  or  persons  to  monopolize  any  part  of  the  trade 
or  commerce  ih  coal  or  oil,  or  traffic  therein  among  the  several  States  or  with  foreign  nations,  and 
whether  or  not,  and  if  so,  to  what  extent,  such  carriers,  or  any  of  them,  limit  or  control,  directly  or 
indirectly,  the  output  of  coal  mines  or  the  price  of  coal  and  oil  fields  or  the  price  of  oil. 

Fourth.  If  the  Interstate  Commerce  Commission  shall  find  that  the  facts  or  any  of  them  set 
forth  in  the  three  paragraphs  above  do  exist,  then  that  it  be  further  required  to  report  as  to  the 
effect  of  such  relationship,  ownership,  or  interest  in  coal  or  coal  properties  and  coal  traffic,  or 
oil,  oil  properties,  or  oil  traffic  aforesaid,  or  such  contracts,  or  combinations  in  form  of  trust  or 


252 


Federal  Laws  Regulating  Commerce 


otherwise,  or  conspiracy  or  such  monopoly  or  attempt  to  monopolize  or  combine  or  conspire  as 
aforesaid,  upon  such  person  or  persons  as  may  be  engaged  independently  of  any  other  persons  in 
minimg  coal  or  producing  oil  and  shipping  the  same,  or  other  products,  who  may  desire  to  so  engage 
or  upon  the  general  public  as  consumers  of  such  coal  or  oil. 

Fifth.  That  said  Commission  be  also  required  to  investigate  and  report  the  system  of  car 
supply  and  distribution  in  effect  upon  the  several  railway  lines  engaged  in  the  transportation  of 
coal  or  oil  as  aforesaid,  and  whether  said  systems  are  fair  and  equitable,  and  whether  the  same 
are  carried  out  fairly  and  properly;  and  whether  said  carriers,  or  any  of  them,  discriminate  against 
shippers  or  parties  wishing  to  become  shippers  over  their  several  lines,  either  in  the  matter  of 
distribution  of  cars  or  in  furnishing  facilities  or  instrumentalities  connected  with  receiving,  for- 
warding, or  carrying  coal  or  oil  as  aforesaid. 

Sixth.  That  said  Commission  be  also  required  to  report  as  to  what  remedy  it  can  suggest  to 
cure  the  evils  above  set  forth,  if  they  exist. 

Seventh.  That  said  Commission  be  also  required  to  report  any  facts  or  conclusions  which 
it  may  think  pertinent  to  the  general  inquiry  above  set  forth. 

Eighth.  That  said  Commission  be  required  to  make  this  investigation  atits  earliest  possible 
convenience  and  to  furnish  the  information  above  required  from  time  to  time  and  as  soon  as  it 
can  be  done  consistent  with  the  performance  of  its  public  duty. 

Public  Resolution,  No.  8,  approved  March  7,  1906. 


ARBITRATION   ACT 
AN  ACT  Concerning  carriers  engaged  in  interstate  commerce  and  their  employees. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  the  provisions  of  this  Act  shall  apply  to  any  common  carrier  or  carriers  and 
their  officers,  agents,  and  employees,  except  masters  of  vessels  and  seamen,  as  defined  in  section 
forty-six  hundred  and  twelve.  Revised  Statutes  of  the  United  States,  engaged  in  the  transporta- 
tion of  passengers  or  property  wholly  by  railroad,  or  partly  by  railroad  and  partly  by  water,  for  a 
continuous  carriage  or  shipment,  from  one  State  or  Territory  of  the  United  States,  or  the  District 
of  Columbia,  to  any  other  State  or  Territory  of  the  United  States,  or  the  District  of  Columbia,  or 
from  any  place  in  the  United  States  to  an  adjacent  foreign  country,  or  from  any  place  in  the  United 
States  through  a  foreign  country  to  any  other  place  in  the  United  States. 

The  term  "railroad"  as  used  in  this  Act  shall  include  all  bridges  and  ferries  used  or  operated  in 
connection  with  any  railroad,  and  also  all  the  road  in  use  by  any  corporation  operating  a  railroad, 
whether  owned  or  operated  under  a  contract,  agreement,  or  lease;  and  the  term  "transportation" 
shall  include  all  instrumentalities  of  shipment  or  carriage. 

The  term  "employees"  as  used  in  this  Act  shall  include  all  persons  actually  engaged  in  any 
capacity  in  train  operation  or  train  service  of  any  description,  and  notwithstanding  that  the  cars 
upon  or  in  which  they  are  employed  may  be  held  and  operated  by  the  carrier  under  lease  or  other 
contract:  Provided,  however.  That  this  Act  shall  not  be  held  to  apply  to  employees  of  street  rail- 
roads and  shall  apply  only  to  employees  engaged  in  railroad  train  service.  In  every  such  case  the 
carrier  shall  be  responsible  for  the  acts  and  defaults  of  such  employees  in  the  same  manner  and 
to  the  same  extent  as  if  said  cars  were  owned  by  it  and  said  employees  directly  employed  by  it, 
and  any  provisions  to  the  contrary  of  any  such  lease  or  other  contract  shall  be  binding  only  as 


n 


System      of 
supply  and  distribu- 
tioQ. 


I 


Commission  to 
BUgseat  remedy  and 
report  facts  and 
conclusions. 


Information  to  lie 
furnished  from  time 
to  time. 


JOINT  RESOLUTION  Amending  joint  ro.solntion  instructing  the  Interstate  Commerce  Commission  to  make 
examinations  into  the  subjsct  of  railroad  discriminations  and  monopolies,  and  I'cport  on  the  same  irom  time 
to  time,  approved  March  seventh,  nineteen  hundred  and  six. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Congress 
assembled,  That  joint  resolution  instructing  the  Interstate  Commerce  Commission  to  make  exami- 
nations into  the  subject  of  railroad  discriminations  and  monopoHes,  and  report  on  the  same  from 
time  to  time,  approved  March  seventh,  nineteen  hundred  and  six,  is  hereby  amended  by  adding  the 
following  thereto: 

Ninth.  To  enable  the  Commission  to  perform  the  duties  required  and  accomplish  the  pur- 
poses declared  herein,  the  Commission  shall  have  and  exercise  under  this  joint  resolution  the  same 
power  and  authority  to  administer  oaths,  to  subpoena  and  compel  the  attendance  ^nd  testimony 
of  witnesses  and  the  production  of  documentary  evidence,  and  to  obtain  full  information,  which 
said  Commission  now  has  under  the  Act  to  regulate  commerce,  approved  February  fourth,  eighteen 
hundred  and  eighty-seven,  and  Acts  amendatory  thereof  or  supplementary  thereto  now  in  force 
or  may  have  under  any  like  statute  taking  effect  hereafter.  All  the  requirements,  obligations, 
liabilities,  and  immunities  imposed  or  conferred  by  said  Act  to  regulate  commerce  and  by  *'An 
Act  in  relation  to  testimony  before  the  Interstate  Commerce  Commission  in  cases  under  or  con- 
nected with  an  Act  entitled  'An  Act  to  regulate  commerce',  approved  February  fourth,  eighteen 
hundred  and  eighty-seven,  and  amendments  thereto,"  approved  February  eleventh,  eighteen 
hundred  and  ninety-three,  shall  also  apply  to  all  persons  who  may  be  subpoenaed  to  testify  as 
witnesses  or  to  produce  documentary  e\idence  in  pursuance  of  the  authority  herein  conferred. 

Public  Resolution,  No.  11,  approved  March  21,  1906. 


Commission  giv- 
full  power  to  comp 
testimony  in  co 
and     oil     investig 

tions. 


Adjustment  >  f 
controversies  I  e- 
tween  railroads  a  id 
their  employees. 

Scope  of  Act.         i 


— "employees.*' 


Street      railroads 
exc-epted. 


Responsibility    of 
carrier  on   leased 


National  Association  of  Railway  Commissionees 


253 


Chairman  of  In- 
terstate Commerce 
Commission  and 
Commissioner  o  f 
Labor  to  mediate 
differences. 


Failure  to  adjust. 


Board  to  arbi- 
trate. How  se- 
lected. 


Controversies  af- 
fecting different  la- 
bor organizations. 


Tiiird  arbitratxOr. 


Form   of  submis- 
sion. 


Stipulations  of  sub- 
mission. 

Time  of  hearings. 

Status  of  contro- 
versy pending  arbi- 
tration. 

Involuntary  ser- 
vice 

Filing  of  award  in 
the  United  States 
circuit  court. 


Enforcing  award. 

Involuntary      ser 
vice. 


Notice  of  termina- 
tion of  service 


Continuance  in 
force  of  award. 

Individual  e  m  - 
ployees  not  parties 
not  bound  by 
award. 


Exceptions 
award. 


Appeal    to   circuit 
court  of  appeals. 


Record. 


between  the  parties  thereto  and  shall  not  affect  the  obligations  of  said  carrier  either  to  the  public 
or  to  the  private  parties  concerned. 

Sec.  2.  That  whenever  a  controversy  concerning  wages,  hours  of  labor,  or  conditions  of  em- 
ployment shall  arise  between  a  carrier  subject  to  this  Act  and  the  employees  of  such  carrier,  seriously 
interrupting  or  threatening  to  interrupt  the  business  of  said  carrier,  the  chairman  of  the  Interstate 
Commerce  Commission  and  the  Commissioner  of  Labor,  shall,  upon  the  request  of  either  party  to 
the  controversy,  with  all  practicable  expedition,  put  themselves  in  communication  with  the  .parties 
to  such  controversy,  and  shall  use  their  best  efforts,  by  mediation  and  conciliation,  to  amicably 
settle  the  same;  and  if  such  efforts  shall  be  unsuccessful,  shall  at  once  endeavor  to  bring  about 
an  arbitration  of  saia  controversy  in  accordance  with  the  provisions  of  this  Act. 

Sec.  3.  That  whenever  a  controversy  shall  arise  between  a  carrier  subject  to  this  Act  and  the 
employees  of  such  carrier  which  can  not  be  settled  by  mediation  and  conciliation  in  the  manner 
provided  in  the  preceding  section,  said  controversy  may  be  submitted  to  the  arbitration  of  a  board 
of  three  persons,  who  shall  be  chosen  in  the  manner  following:  One  shall  be  named  by  the  carrier 
or  employer  directly  interested;  the  other  shall  be  named  by  the  labor  organization  to  which  the 
employees  directly  interested  belong,  or  if  they  belong  to  more  than  one,  by  that  one  of  them  which 
specially  represents  employees  of  the  same  grade  and  class  and  engaged  in  services  of  the  same 
nature  as  said  employees  so  directly  interested :  Provided,  however,  That  when  a  controversy  involves 
and  affects  the  interests  of  two  or  more  classes  and  grades  of  employees  belonging  to  different 
labor  organizations,  such  arbitrator  shall  be  agreed  upon  and  designated  by  the  concurrent  action 
of  all  such  labor  organizations;  and  in  cases  where  the  majority  of  such  employees  are  not  members 
of  any  labor  organization,  said  employees  may  by  a  majority  vote,  select  a  committee  of  their  own 
number,  which  committee  shall  have  the  right  to  select  the  arbitrator  on  behalf  of  said  employees. 
The  two  thus  chosen  shall  select  the  third  Commissioner  of  arbitration;  but,  in  the  event  of  their 
failure  to  name  such  arbitrator  within  five  days  after  their  first  meeting,  the  third  arbitrator  shall 
be  named  by  the  Commissioners  named  in  the  preceding  section.  A  majority  of  said  arbitrators 
shall  be  competent  to  make  a  valid  and  binding  award  under  the  provisions  hereof.  The  sub- 
mission shall  be  in  writing,  shall  be  signed  by  the  employer  and  by  the  labor  organization  repre- 
senting the  employees,  shall  specify  the  time  and  place  of  meeting  of  said  board  of  arbitration, 
shall  state  the  questions  to  be  decided,  and  shall  contain  appropriate  provisions  by  which  the 
respective  parties  shall  stipulate,  as  follows: 

First.  That  the  board  of  arbitration  shall  commence  their  hearings  within  ten  days  from  the 
date  of  the  appointment  of  the  third  arbitrator,  and  shall  find  and  file  their  award,  as  provided  in 
this  section,  within  thirty  days  from  the  date  of  the  appointment  of  the  third  arbitrator;  and  that 
pending  the  arbitration  the  status  existing  immediately  prior  to  the  dispute  shall  not  be  changed: 
Provided,  That  no  employee  shall  be  compelled  to  render  personal  service  without  his  consent. 

Second.  That  the  award  and  the  papers  and  proceedings,  including  the  testimony  relating 
thereto  certified  under  the  hands  of  the  arbitrators  and  which  shall  have  the  force  and  effect  of 
a  bill  of  exceptions,  shall  be  filed  in  the  clerk's  office  of  the  circuit  court  of  the  United  States  for  the 
district  wherein  the  controversy  arises  or  the  arbitration  is  entered  into  and  shall  be  final  and  con- 
clusive upon  both  parties,  unless  set  aside  for  error  of  law  apparent  on  the  record. 

Third.  That  the  respective  parties  to  the  award  will  each  faithfully  execute  the  same,  and 
that  the  same  may  be  specifically  enforced  in  equity  so  far  as  the  powers  of  a  court  of  equity  permit: 
Provided,  That  no  injunction  or  other  legal  process  shall  be  issued  which  shall  compel  the  per- 
formance by  any  laborer  against  his  will  of  a  contract  for  personal  labor  or  service. 

Fourth.  That  employees  dissatisfied  with  the  awards  shall  not  by  reason  of  such  dissatisfac- 
tion quit  the  service  of  the  employer  before  the  expiration  of  three  months  from  and  after  the 
making  of  such  award  without  giving  thirty  days'  notice  in  writing  of  their  intentions  so  to  quit. 
Nor  shall  the  employer  dissatisfied  with  such  award  dismiss  any  employee  or  employees  on  acount 
of  such  dissatisfaction  before  the  expiration  of  three  months  from  and  after  the  making  of  such 
award  without  giving  thirty  days'  notice  in  writing  of  his  intention  so  to  discharge. 

Fifth.  That  said  award  shall  continue  in  force  as  between  the  parties  thereto  for  the  period 
of  one  year  after  the  same  shall  go  into  practical  operation,  and  no  new  arbitration  upon  the  same 
subject  between  the  same  employer  and  the  same  class  of  employees  shall  be  had  until  the  expira- 
tion of  said  one  year  if  the  award  is  not  set  aside  as  provided  in  section  four.  That  as  to  individual 
employees  not  belonging  to  the  labor  organization  or  organizations  which  shall  enter  into  the 
arbitration,  the  said  arbitration  and  the  award  made  therein  shall  not  be  binding,  unless  the  said 
individual  employees  shall  give  assent  in  writing  to  become  parties  to  said  arbitration. 

Sec  4.  That  the  award  being  filed  in  the  clerk's  office  of  a  circuit  court  of  the  United  States, 
as  hereinbefore  provided,  shall  go  into  practical  operation,  and  judgment  shall  be  entered  thereon 
accordingly  at  the  expiration  of  ten  days  from  such  filing,  unless  within  such  ten  days  either  party 
shall  file  exceptions  thereto  for  matter  of  law  apparent  upon  the  record,  in  which  case  said  award 
shall  go  into  practical  operation  and  judgment  be  entered  accordingly  when  such  exceptions  shall 
have  been  finally  disposed  of  either  by  said  circuit  court  or  on  appeal  therefrom. 

At  the  expiration  of  ten  days  from  the  decision  of  the  circuit  court  upon  exceptions  taken  to 
said  award,  as  aforesaid,  judgment  shall  be  entered  in  accordance  with  said  decision  unless  during 
said  ten  days  either  party  shall  appeal  therefrom  to  the  circuit  court  of  appeals.  In  such  case 
only  such  portion  of  the  record  shall  be  transmitted  to  the  appellate  court  as  is  necessary  to  the 


254 


Federal  Laws  Eegulating  Commerce 


proper  understanding  and  consideration  of  the  questions  of  law  presented  by  said  exceptions  and 
to   be   decided. 

The  determination  of  said  circuit  court  of  appeals  upon  said  questions  shall  be  final,  and  being 
certified  by  the  clerk  thereof  to  said  circuit  court,  judgment  pursuant  thereto  shall  thereupon  be 
entered   by   said   circuit   court. 

If  exceptions  to  an  award  are  finally  sustained,  judgment  shall  be  entered  setting  aside  the 
award.  But  in  such  case  the  parties  may  agree  upon  a  judgment  to  be  entered  disposing  of  the 
subject-matter  of  the  controversy,  which  judgment  when  entered  shall  have  the  same  force  and 
effect  as  judgment  entered  upon  an  award. 

Sec.  5.  That  for  the  purposes  of  this  Act  the  arbitrators  herein  provided  for,  or  either  of  them, 
shall  have  power  to  administer  oaths  and  affirmations,  sign  subpoenas,  require  the  attendance 
and  testimony  of  witnesses,  and  the  production  of  such  books,  papers,  contracts,  agreements, 
and  documents  material  to  a  just  determination  of  the  matters  under  investigation  as  may  be 
ordered  by  the  court;  and  may  invoke  the  aid  of  the  United  States  courts  to  compel  witnesses  to 
attend  and  testify  and  to  produce  such  books,  papers,  contracts,  agreements  and  documents  to  the 
same  extent  and  under  the  same  conditions  and  penalties  as  is  provided  for  in  the  Act  to  regulate 
commerce,  approved  February  fourth,  eighteen  hundred  and  eighty-seven,  and  the  amendments 
thereto. 

Sec.  6.  That  every  agreement  of  arbitration  under  this  Act  shall  be  acknowledged  by  the 
parties  before  a  notary  public  or  clerk. of  a  district  or  circuit  court  of  the  United  States,  and  when 
so  acknowledged  a  copy  of  the  same  shall  be  transmitted  to  the  chairman  of  the  Interstate  Com- 
merce Commission,  who  shall  file  the  same  in  the  office  of  said  Commission. 

Anj  agreement  of  arbitration  which  shall  be  entered  into  conforming  to  this  Act,  except 
that  it  shall  be  executed  by  employees  individually  instead  of  by  a  labor  organization  as  their  rep- 
resentative, shall,  when  duly  acknowledged  as  herein  provided,  be  transmitted  to  the  chairman  of 
the  Interstate  Commerce  Commission,  who  shall  cause  a  notice  in  writing  to  be  served  upon  the 
arbitrators,  fixing  a  time  and  place  for  a  meeting  of  said  board,  which  shall  be  within  fifteen  days 
from  the  execution  of  said  agreement  of  arbitration:  Provided,  however,  That  the  said  chairman  of 
the  Interstate  Commerce  Commission  shall  decline  to  call  a  meeting  of  arbitrators  under  such 
agreement  unless  it  be  shown  to  his  satisfaction  that  the  employees  signing  the  submission  repre- 
sent or  include  a  majority  of  all  employees  in  the  service  of  the  same  employer  arid  of  the  same 
grade  and  class,  and  that  an  award  pursuant  to  said  submission  can  justly  be  regarded  as  binding 
upon  all  such  employees. 

Sec.  7.  That  during  the  pendency  of  arbitration  under  this  Act  it  shall  not  be  lawful  for 
the  employer,  party  to  such  arbitration,  to  discharge  the  employees,  parties  thereto,  except  for 
inefficiency,  violation  of  law,  or  neglect  of  duty ;  nor  for  the  organization  representing  such  employees 
to  order,  nor  for  the  employees  to  unite  in,  aid,  or  abet,  strikes  against  said  employer;  nor,  during 
a  period  of  three  months  after  an  award  under  such  an  arbitration,  for  such  employer  to  discharge 
any  such  employees,  except  for  the  causes  aforesaid,  without  giving  thirty  days'  written  notice  of 
an  intent  so  to  discharge;  nor  for  any  of  such  employees,  during  a  like  period,  to  quit  the  service 
of  said  employer  without  just  cause,  without  giving  to  said  employer  thirty  days'  written  notice  of 
an  intent  so  to  do;  nor  for  such  organization  representing  such  employees  to  order,  counsel,  or 
advise  otherwise.  Any  violation  of  this  section  shall  subject  the  offending  party  to  liability  for 
damages:  Provided,  That  nothing  herein  contained  shall  be  construed  to  prevent  any  employer, 
party  to  such  arbitration,  from  reducing  the  number  of  its  or  his  employees  whenever  in  its  or  his 
judgment  business  necessities  require  such  reduction. 

Sec.  8.  That  in  every  incorporation  under  the  provisions  of  chapter  five  hundred  and  sixty- 
seven  of  the  United  States  Statutes  of  eighteen  hundred  and  eighty-five  and  eighteen  hundred  and 
eighty-six  it  must  be  provided  in  the  articles  of  incorporation  and  in  the  constitution,  rules  and 
by-laws  that  a  member  shall  cease  to  be  such  by  participating  in  or  by  instigating  force  or  violence 
against  persons  or  property  during  strikes,  lockouts,  or  boycotts,  or  by  seeking  to  prevent  others  from 
working  through  violence,  threats,  or  intimidations.  Members  of  such  incorporations  shall  not  be 
personally  liable  for  the  acts,  debts,  or  obligations  of  the  corporations,  nor  shall  such  corporations 
be  liable  for  the  acts  of  members  or  others  in  violation  of  law;  and  such  corporations  may  appear 
by  designated  representatives  before  the  board  created  by  this  Act,  or  in  any  suits  or  proceedings 
for  or  against  such  corporations  or  their  members  in  any  of  the  federal  courts. 

Sec.  9.  That  whenever  receivers  appointed  by  federal  courts  are  in  the  possession  and  control 
of  railroads,  the  employees  upon  such  railroads  shall  have  the  right  to  be  heard  in  such  courts  upon 
all  questions  affecting  the  terms  and  conditions  of  their  employment,  through  the  officers  and  repre- 
sentatives of  their  associations,  whether  incorporated"  or  unincorporated,  and  no  reduction  of 
wages  shall  be  made  by  such  receivers  without  the  authority  of  the  court  therefor  upon  notice  to 
such  employees,  said  notice  to  be  not  less  than  twenty  days  before  the  hearing  upon  the  receivers' 
petition  or  application,  and  to  be  posted  upon  all  customary  bulletin  boards  along  or  upon  the 
railway  operated  by  such  receiver  or  receivers. 

Sec.  10.  That  any  employer  subject  to  the  provisions  of  this  Act  and  any  officer,  agent,  or 
receiver  of  such  employer  who  shall  require  any  employee,  or  any  person  seeking  employment, 
as  a  condition  of  such  employment,  to  enter  into  an  agreement,  either  written  or  verbal,  not  to 
become  or  remain  a  member  of  any  labor  corporation,  association,  or  organization;  or  shall 
threaten  any  employee  with  loss  of  employment,  or  shall  unjustly  discriminate  against  any  em- 


Judgment. 


Judgment       by 
agreement.  _^ 


Powers  of  arbitra- 
tion. 


Agreement  to  «r* 
bitrate. 

Filing  of  agre  ;- 
ment  in  office  of  Ll- 
terstate  Commen  e 
Commission. 

Agreement  of  il  - 
dividual  employet  s 
to  arbitrate. 


il 


Meeting   to   b) 
called. 
Condition. 


ition.     ^^1  I 

J 


Restrictions  o  i 
parties  during  pend 
ency  of  arbitration. 


After  award. 


Penalty. 

Reduc  tion  ol 
force  for  businesf 
reasons. 


National    trade 
unions. 

Forfeiture  of  mem- 
bersbip  for  violence. 


Liabilities. 

Appearance  of 
corporations  in  arbi- 
tration proceedings. 


Railroads  in  hands 
of  federal  receiver 
Employee*!  to  be 
heard. 


Notice    of    reduc- 
tion of  wages. 


Prohibition  of  un- 
just requircraeiits  at 
conditions  of  em- 
ployment. 


National  Association  of  Railway  Commissioners 


265 


Penalty. 


Appropriation  for 
expenses  of  arbitra- 
tion. 


ployee  because  of  his  membership  in  such  a  labor  corporation,  association,  or  organization;  or 
who  shall  require  any  employee  or  any  person  seeking  employment,  as  a  condition  of  such  employ- 
ment, to  enter  into  a  contract  whereby  such  employee  or  applicant  for  employment  shall  agree 
vettfuHhlrem  lo'"-  *°  Contribute  to  any  fund  for  charitable,  social,  or  Iseneficial  purposes;  to  release  such  employer 
ment  after  discharge  from  legal  liability  for  any  personal  injury  by  reason  of  any  benefit  received  from  such  fund  beyond 
the  proportion  of  the  benefit  arising  from  the  employer's  contribution  to  such  fund ;  or  who  shall, 
after  having  discharged  an  employee,  attempt  or  conspire  to  prevent  such  employee  from  obtaining 
employnemt,  or  who  shall,  after  the  quitting  of  an  employee,  attempt  or  conspire  to  prevent  such 
employee  from  obtaining  employment,  is  hereby  declared  to  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof  in  any  court  of  the  United  States  of  competent  jurisdiction  in  the  district 
in  which  such  offense  was  coVnmitted,  shall  be  punished  for  each  offense  by  a  fine  of  not  less  than 
one  hundred  dollars  and  not  more  than  one  thousand  dollars. 

Sec.  11.  That  each  member  of  said  board  of  arbitration  shall  receive  a  compensation  of  ten 
dollas  per  day  for  the  time  he  is  actually  employed,  and  his  traveling  and  other  necessary  expenses; 
and  a  sum  of  money  sufficient  to  pay  the  same,  together  with  the  traveling  and  other  necessary 
and  proper  expenses  of  any  conciliation  or  arbitration  had  hereunder,  not  to  exceed  ten  thousand 
dollars  in  any  one  year,  to  be  approved  by  the  chairman  of  the  Interstate  Commerce  Commission 
and  audited  by  the  proper  accounting  officers  of  the  Treasury,  is  hereby  appropriated  for  the  fiscal 
years  ending  June  thirtieth,  eighteen  hundred  and  ninety-eight,  and  June  thirtieth,  eighteen  hundred 
and  ninety-nine,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated. 

Sec.  12.  That  the  Act  to  create  boards  of  arbitration  or  commission  for  settling  controversies 
and  differences  between  railroad  corporations  and  other  common  carriers  engaged  in  interstate 
or  territorial  transportation  of  property  or  persons  and  their  employees,  approved  October  first, 
eighteen  hundred  and  eighty-eight,  is  hereby  repealed. 

The  President  of  the  United  States  from  and  after  the  passage  of  this  Act  is  authorized  to 
merce  Court  may  designate  from  time  to  time  any  member  of  the  Interstate  Commerce  Commission  or  of  the  Court 
of  Commerce  to  exercise  the  powers  conferred  and  the  duties  imposed  upon  the  chairman  of  the 
Interstate  Commerce  Commisison  by  the  provisions  of  the  "Act  concerning  carriers  engaged  in 
interstate  commerce  and  their  employees,"  approved  June  first,  eighteen  hundred  and  ninety- 
eight;  and  the  member  so  designated,  during  the  period  for  which  he  is  designated,  shall  have  the 
powers  now  conferred  by  said  Act  on  the  chairman  of  the  Interstate  Commerce  Commission. 
[36  Stat.  L.,  1397.] 

Public,  No.  115,  approved  June  1,  1898;  Public,  No.  525,  approved  March  4,  1911. 


Repeal. 


Member  of  Com- 


MEDAL  OF  HONOR  ACT 

AN  ACT  To     roinote  tlio  .'icciirity  of  travel  upon  railroads  engaged  in  interstate  commerce,  and  to  encourage 
the  savins:        life.  , 

life  -  saving    on  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 

"jkii^fs  of  honor  ^''^^s  assembled,  That  the  President  of  the  United  States  be,  and  he  is  hereby  authorized  to  cause 
'Of-  to  be  prepared  bronze  medals  of  honor,  with  suitable  emblematic  devices,  which  shall  be  bestowed 

upon  any  persons  who  shall  hereafter,  by  extreme  daring,  endanger  their  own  lives  in  saving,  or 
endeavoring  to  save,  lives  from  any  wreck,  disaster,  or  grave  accident,  or  in  preventing  or  endeav- 
oring to  prevent  such  wreck,  disaster,  or  grave  accident,  upon  any  railroad  within  the  United  States 
engaged  in  the  interstate  commerce:  Provided,  That  no  award  of  said  medal  shall  be  made  to  any 
person  until  sufficient  evidence  of  his  deserving  shall  have  been  furnished  and  placed  on  file,  under 
such  regulations,  as  may  be  prescribed  by  the  President  of  the  United  States. 

Sec.  2.  That  the  President  of  the  United  States  be,  and  he  is  hereby  authorized  to  issue  to. 
any  person  to  whom  a  medal  of  honor  may  be  awarded  under  the  provisions  of  this  Act  a  rosette 
or  knot,  to  be  worn  in  lieu  of  the  medal,  and  a  ribbon  to  be  worn  with  the  medal;  said  rosette  or 
knot  and  ribbon  to  be  each  of  a  pattern  to  be  prescribed  by  the  President  of  the  United  States: 
Provided,  That  whenever  a  ribbon  issued  under  the  provisions  of  this  Act  shall  have  been  lost, 
destroyed,  or  rendered  unfit  for  use  without  fault  or  neglect  on  the  part  of  the  person  to  whom  it 
was  issued,  a  new  ribbon  shall  be  issued  to  such  person  without  charge  therefor. 

Sec.  3.  That  the  appropriations  for  the  enforcement  and  execution  of  the  provisions  of  the 
Acts  to  promote  the  safety  of  employees  and  travelers  upon  railroads  are  hereby  made  available 
for  carrying  out  the  provisions  of  this  Act. 

Pubhc,  No.  98,  approved  February  23,  1905. 


Proviso. 
Proof. 


Rosettes  and  rib- 
bons. 


Proviso. 

Issue  of  new  rib- 
bons. 


Payment 
penses. 


of    ex- 


REGULATIONS  Governing  the  award  of  life-saving  medals  under  the  foregoing  Act. 
ot  the  United  States  on  March  29,  1905. 


Applications     for 
medals,  how  made. 


Made  by  the  President 


1 .  Applications  for  medals  under  this  Act  should  be  addressed  to  and  filed  with  the  Interstate , 
Commerce  Commission,  at  the  city  of  Washington,  D.  C.  Satisfactory  evidence  of  the  facts 
upon  which  the  application  is  based  must  be  filed  ha  each  case.  This  evidence  should  be  in  the  form 
of  affidavits  made  by  eyewittnesses,  of  good  repute  and  standing,  testifying  of  their  own  knowledge. 
The  opinion  of  witnesses  that  the  person  for  whom  an  award  is  sought  acted  with  extreme  daring ' 
and  endangered  his  Hfe  is  not  sufficient,  but  the  affidavits  must  set  forth  the  facts  in  detail  and 
show  clearly  in  what  manner  and  to  what  extent  life  was  endangered  and  extreme  daring  exhibited. 


256 


Federal  Laws  Regulating  Commerce 


The  railroad  upon  which  the  incident  occurred,  the  date,  time  of  day,  condition  of  the  weather, 
the  names  of  all  persons  present  when  practicable,  and  other  pertinent  circumstances  should  be 
stated.  The  affiants  should  be  made  before  an  officer  duly  authorized  to  administer  oaths  and  be 
accompanied  by  the  certificate  of  some  United  States  official  of  the  district  in  which  the  affiants 
reside,  such  as  a  judge  or  clerk  of  United  States  court,  district  attorney,  or  postmaster,  to  the  effect 
that  the  affiants  are  reputable  and  credible  persons.  If  the  affidavits  are  taken  before  an  officer 
without  an  official  seal  his  official  character  must  be  certified  by  the  proper  officer  of  a  court  of 
record  under  the  seal  thereof. 

2.  Applications  for  medals,  together  with  all  affidavits  and  other  evidence  received  in  connec- 
tion therewith,  shall  be  referred  to  a  committee  of  five  persons,  consisting  of  the  secretary  of  the 
Commission,  the  chief  inspector  of  safety  appliances,  two  inspectors  of  safety  appliances  designated 
by  the  Commission,  and  the  clerk  of  the  safety  appliance  examining  board,  who  shall  act  as  clerk 
of  the  committee.  This  committee  shall  carefully  consider  each  application  presented  and,  after 
thoroughly  weighing  the  evidence,  shall  prepare  an  abstract  or  brief  covering  the  case  and  file  the 
same,  together  with  the  committee's  recommendation,  with  the  Commission,  which  brief  and 
recommendation  shall  be  transmitted  by  the  Commission  to  the  President  for  his  approval.  The 
committee  may,  with  the  approval  of  the  Commission,  direct  any  inspector  of  safety  appliances 
in  the  employ  of  the  Commission  to  proceed  to  the  locality  where  the  service  was  performed  for 
which  a  medal  is  claimed,  and  make  a  personal  investigation  and  report  upon  the  facts  of  the  case, 
which  report  shall  be  filed  and  made  a  part  of  the  evidence  considered  by  the  committee. 

3.  Upon  final  approval  of  the  committee's  recommendation  by  the  President  the  Commission 
shall  take  such  measures  to  carry  the  recommendation  into  effect  as  the  President  may  direct. 

4.  The  Commission  shall  cause  designs  to  be  prepared  for  the  medal, .  rosette,  and  ribbon 
provided  for  by  the  Act,  wich  designs  shall  be  submitted  to  the  President  for  his  approval. 


Contents    of    afB  - 
davits. 


ll 


Committee  to  con- 
sider applicationj 


plicatioa^^ 


Brief  of  commit- 
tee. 


f 


Personal     invM) 

gat  ions. 

President's  a  p  - 
proval  of  recom- 
mendation. 

Designs  for  med- 
als. 


Charges   shall  be 

reasonable. 

Charges  to  be  ap- 


LAKE  EBIE  AND  OHIO  RIVER  SHIP  CANAL  ACT 

AN  ACT  To  incorporate  the  Lake  Erie  and  Ohio  River  Ship  Canal,  to  define  the  power.s  thereof,  and  to  facilitate 
interstate  commerce. 

*  *  *  *  *  *  *  * 

Sec.  17.  That  the  said  canals  shall  be  open  to  the  use  and  navigation  of  all  suitable  and  proper 
vessels  or  other  water  craft,  by  whomsoever  owned  or  operated,  upon  fair  and  equal  terms,  con- 
ditions, rates,  tolls,  and  charges;  and  the  said  company  may  demand,  take,  and  recover  for  its 
own  proper  use,  for  all  persons  and  things  of  whatsoever  description  transported  upon  the  said 
canals,  feeders,  and  other  works,  or  in  vessels  and  craft  using  the  same,  just  and  reasonable  charges, 
rates,  and  tolls;  but  all  such  charges,  rates,  and  tolls  shall  be  equal  to  all  persons,  vessels,  and 
goods  under  certain  classifications  to  be  established  by  the  company  and  approved  by  the  Inter-         av,  c 
state  Commerce  Commission;  and  no  rebate,  reduction,  drawback,  or  discrimination  of  any  sort  on  aion^"     ^   °""n'»- 
such  charges,  rates,  and  tolls  shall  ever  be  made  directly  or  indirectly.      And  the  said  charges.      Publication 
rates,  and  tolls  for  the  ensuing  year  shall  be  fixed,  published,  and  posted  on  or  in  every  place  where 
they  are  to  be  collected,  on  or  before  the  fifteenth  day  of  February  of  each  year,  and  shall  not 
be  changed  except  after  thirty  days'  public  notice,  which  notice  shall  plainly  state  the  changes 
proposed  to  be  made  in  the  charges,  rates,  and  tolls  then  in  force  and  the  time  when  the  changed 
charges,  rates,  and  tolls  will  go  into  effect;  and  the  proposed  changes  shall  be  shown  by  printing 
new  schedules  or  shall  be  plainly  indicated  upon  the  schedules  in  force  at  the  time  and  kept  open     Commission  may 
to  public  inspection:  Provided,  That  the  Interstate  Commerce  Commission  may,  in  its  discretion  Sents.'  ^  '■^''""'*' 
and  for  good  cause  shown,  allow  changes  upon  less  notice  than  herein  specified  or  modify  the  fore- 
going requirements  in  respect  to  publishing  and  posting  of  such  schedules,  either  in  particular 

instances  or  by  a  general  order  applicable  to  special  or  peculiar  circumstances  or  conditions. 
****** 

Public,  No.  402,  approved  June  30,  1906. 


schedules. 


of 


HOURS  OF  SERVICE  ACT 


AN  ACT  To  promote  the  safety  of  employees  and  travelers  upon  railroads  by  limiting  the  hours  of  service  of 
employees  thereon. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con-  and  empfoyi 
grass  assembled,  That  the  provisions  of  this  Act  shall  apply  to  any  common  carrier  or  carriers,  their  >"'*'  *°  '^'"• 
officers,  agents,  and  employees,  engaged  in  the  transportation  of  passengers  or  property  by  rail- 
road in  the  District  of  Columbia  or  any  Territory  of  the  United  States,  or  from  one  State  or  Terri- 
tory of  the  United  States  or  the  District  of  Columbia  to  any  other  State  or  Territory  of  the  United 
States  or  the  District  of  Columbia,  or  from  any  place  in  the  United  States  to  an  adjacent  foreign 
country,  or  from  any  place  in  the  United  States  through  a  foreign  country  to  any  other  place  in  the 
United  States.  The  term  "railroad"  as  used  in  this  Act  shall  include  all  bridges  and  ferries  used  or 
operated  in  connection  with  any  railroad,  and  also  all  the  road  in  use  by  any  common  carrier 
operating  a  railroad,  whether  owned  or  operated  under  a  contract,  agreement,  or  lease;  and  the 
term  "employees"  as  used  in  this  Act  shall  be  held  to  mean  persons  actually  engaged  in  or  connected 
with  the  movement  of  any  train. 


earner 
es  sub- 


Meaning 
"railroad." 


of   term 


Meaning   of   term 
"employees." 


Xational  Association  of  Eailway  Commissioneks 


257 


Sixteen  hours  the 
maximum  contin- 
uous service  of  train- 
men. 


Ten   consecutive 
hours  off  duty. 


Service  hours  of 
telegraph  and  tele- 
phone operators. 


Penalty  for  viola- 
tions. 


Prosecutions. 


Unavoidable  acci- 
dents, etc. 


Wrecking,     e  t  c, 
crews. 
Enforcement. 


Effective. 


Sec.  2.  That  it  shall  be  unlawful  for  any  common  carrier,  its  officers  or  agents,  subject  to  this 
Act  to  require  or  permit  any  employee  subject  to  this  Act  to  be  or  remain  on  duty  for  a  longer 
period  than  sixteen  consecutive  hours,  and  whenever  any  such  employee  of  such  common  carrier 
shall  have  been  continuously  on  duty  for  sixteen  hours  he  shall  be  relieved  and  not  required  or 
permitted  again  to  go  on  duty  until  he  has  had  at  least  ten  consecutive  hours  off  duty;  and  no 
such  employee  who  has  been  on  duty  sixteen  hours  in  the  aggregate  in  any  twenty-four-hour  period 
shall  be  required  or  permitted  to  continue  or  again  go  on  duty  without  having  had  at  least  eight 
consecutive  hours  off  duty:  Provided,  That  no  operator,  train  dispatcher,  or  other  employee  who 
by  the  use  of  the  telegraph  or  telephone  dispatches,  reports,  transmits,  receives,  or  delivers  orders 
pertaining  to  or  affecting  train  movements  shall  be  required  or  permitted  to  be  or  remain  on  duty 
for  a  longer  period  than  nine  hours  in  any  twenty-four-hour  period  in  all  towers,  offices,  places, 
and  stations  continuously  operated  night  and  day,  not  for  a  longer  period  than  thirteen  hours  in  all 
towers,  offices,  places,  and  stations  operated  only  during  the  daytime,  except  in  case  of  emergency, 
when  the  employees  named  in  this  proviso  may  be  permitted  to  be  and  remain  on  duty  for  four 
additional  hours  in  a  twenty-four-hour  period  on  not  exceeding  three  days  in  any  week :  Provided, 
further.  The  Interstate  Commerce  Commission  may  after  full  hearing  in  a  particular  case  and 
for  good  cause  shown  extend  the  period  within  which  a  common  carrier  shall  comply  with  the 
provisions  of  this  proviso  as  to  such  case. 

Sec.  3.  That  any  such  common  carrier,  or  any  officer  or  agent  thereof,  requiring  or  permitting 
any  employee  to  go,  be,  or  remain  on  duty  in  violation  of  the  second  section  hereof,  shall  be  liable 
to  a  penalty  of  not  to  exceed  five  hundred  dollars  for  each  and  every  violation,  to  be  recovered  in 
a  suit  or  suits  to  be  brought  by  the  United  States  district  attorney  in  the  district  court  of  the 
United  States  having  jurisdiction  in  the  locality  where  such  violation  shall  have  been  committed; 
and  it  shall  be  the  duty  of  such  district  attorney  to  bring  such  suits  upon  satisfactory  informa- 
tion being  lodged  with  him;  but  no  such  suit  shall  be  brought  after  the  expiration  of  one  year 
from  the  date  of  such  violation;  and  it  shall  also  be  the  duty  of  the  Interstate  Commerce  Com- 
mission to  lodge  with  the  proper  district  attorneys  information  of  any  such  violations  as  may 
come  to  its  knowledge.  In  all  prosecutions  under  this  Act  the  common  carrier  shall  be  deemed 
to  have  had  knowledge  of  all  acts  of  all  its  officers  and  agents:  Provided,  That  the  provisions  of 
this  Act  shall  not  apply  in  any  case  of  casualty  or  unavoidable  accident  or  the  act  of  God;  nor 
where  the  delay  was  the  result  of  a  cause  not  known  to  the  carrier  or  its  officer  or  agent  in  charge 
of  such  employee  at  the  time  said  emp  loyee  left  a  terminal,  and  which  could  not  have  been  fore- 
seen :  Provided  further,  That  the  provisions  of  this  Act  shall  not  apply  to  the  crews  of  wrecking  or 
reHef  trains. 

Sec.  4.  It  shall  be  the  duty  of  the  Interstate  Commerce  Commission  to  execute  and  enforce 
the  provisions  of  this  Act,  and  all  powers  granted  to  the  Interstate  Commerce  Commission  are 
hereby  extended  to  it  in  the  execution  of  this  Act. 

Sec.  5.  That  this  Act  shall  take  effect  and  be  in  force  one  year  after  its  passage. 

Public,  No.  274,  approved  March  4,  1907,  11.50  a.  m. 


Ash  -  pan  equipment 
in  interstate  com- 
merce. 


Ash  -  pan  equip- 
ment in  Territories 
and  District  of  Co- 
lumbia. 


Penalties. 


Enforcement. 

Commission    to 
lodge. information. 


Powers  granted  to 
Commission. 


Receivers    includ- 
ed. 


ASH  PAN  ACT 
AN  ACT  To  promote  the  .safety  of  employees  on  railroads. 

Be  it  enacted  by  the  Senate  and  House  of  Repi-esentatives  of  the  United  States  of  America  in  Con- 
gress assembled.  That  on  and  after  the  first  day  of  January,  nineteen  hundred  and  ten,  it  shall  be 
unlawful  for  any  common  cacrier  engaged  in  interstate  or  foreign  commerce  by  railroad  to  use  any 
locomotive  in  moving  interstate  or  foreign  traffic,  not  equipped  with  an  ash  pan,  which  can  be 
dumped  or  emptied  and  cleaned  without  the  necessity  of  any  employee  going  under  such  locomo- 
tive. 

Sec.  2.  That  on  and  after  the  first  day  of  January,  nineteen  hundred  and  ten,  it  shall  be  un- 
lawful for  any  common  carrier  by  railroad  in  any  Territory  of  the  United  States  or  the  District  of 
Columbia  to  use  any  locomotive  not  equipped  with  an  ash  pan,  which  can  be  dumped  or  emptied 
and  cleaned  without  the  necessity  of  any  employee  going  under  such  locomotive. 

Sec.  3.  That  any  such  common  carrier  using  any  locomotive  in  violation  of  any  of  the  pro- 
visions of  this  Act  shall  be  liable  to  a  penalty  of  two  hundred  dollars  for  each  and  every  such  viola- 
tion, to  be  recovered  in  a  suit  or  suits  to  be  brought  by  the  United  States  district  attorney  in  the 
district  court  of  the  United  States  having  jurisdiction  in  the  locality  where  such  violation  shall 
have  been  committed;  and  it  shall  be  the  duty  of  such  district  attorney  to  bring  such  suits  upon 
duly  verified  information  being  lodged  with  him  of  such  violation  having  occurred;  and  it  shall 
also  be  the  duty  of  the  Interstate  Commerce  Commission  to  lodge  with  the  proper  district  attorneys 
information  of  any  such  violations  as  may  come  to  its  knowledge. 

Sec.  4.  That  it  shall  be  the  duty  of  the  Interstate  Commerce  Commission  to  enforce  the  pro- 
visions of  this  Act,  and  all  powers  heretofore  granted  to  said  Commission  are  hereby  extended 
to  it  for  the  purpose  of  the  enforcement  of  this  Act. 

Sec.  5.  That  the  term  "common  carrier"  as  used  in  this  Act  shall  include  the  receiver  or  re- 
ceivers or  other  persons  or  corporations  charged  with  the  duty  of  the  management  and  operation 
of  the  business  of  a  common  carrier. 


258 


Federal  Laws  Eequlating  Commerce 


Sec.  6.  That  nothing  in  this  Act  contained  shall  apply  to  any  locomotive  upon  which,  by  reason 
of  the  use  of  oil,  electricity,  or  other  such  agency,  an  ash  pan  is  not  necessary. 
Public,  No.  165,  approved  May  30,  1908. 


When    ash-pan 
not  necessary. 


SAFE  TRANSPORT.-VTION  OF  EXPLOSIVES  ACT 

AN  ACT  To  promote  the  safe  transportation  in  interstate  commerce  of  explosives  and  other  dangerous  articles, 
and  to  provide  penalties  for  its  violation. 

By  an  Act  entitled  "An  Act  to  codify,  revise,  and  amend  the  penal  laws  of  the  United  States," 
approved  March  4,  1909,  to  take  effect  and  be  in  force  on  and  after  the  first  day  of  January,  1910, 
the  Act  entitled  "An  Act  to  promote  the  safe  transportation  in  interstate  commerce  of  explosives 
and  other  dangerous  articles,  and  to  provide  penalties  for  its  violation,"  approved  May  30,  1908, 
is  repealed,  and  the  following  sections  of  said  Act  to  codify,  revise,  and  amend  the  penal  laws  of  the 
United  States  are  substituted  therefor : 

Sec.  232.  It  shall  be  unlawful  to  transport,  carry,  or  convey,  any  dynamite,  gunpowder,  or 
other  explosive,  between  a  place  in  a  foreign  country  and  a  place  within  or  subject  to  the  juris- 
diction of  the  United  States,  or  between  a  place  in  any  State,  Territory,  or  District  of  the  United 
States,  or  place  noncontiguous  to  but  subject  to  the  jurisdiction  thereof,  and  a  place  in  any  other 
State,  Territory,  or  District  of  the  United  States,  or  place  noncontiguous  to  but  subject  to  the 
jurisdiction  thereof,  on  any  vessel  or  vehicle  of  any  description  operated  by  a  common  carrier, 
which  vessel  or  vehicle  is  carrying  passengers  for  hire :  Provided,  That  it  shall  be  lawful  to  transport 
on  any  such  vessel  or  vehicle  small  arms  ammunition  in  any  quantity,  and  such  fuses,  torpedoes, 
rockets,  or  other  signal  devices,  as  may  be  essential  to  promote  safety  in  operation,  and  properly 
packed  and  marked  samples  of  explosives  for  laboratory  examination,  not  exceeding  a  net  weight 
of  one-half  pound  each,  and  not  exceeding  twenty  samples  at  one  time  in  a  single  vessel  or  vehicle; 
but  such  samples  shall  not  be  carried  in  that  part  of  a  vessel  or  vehicle  which  is  intended  for  the 
transportation  of  passengers  for  hire:  Provided  further,  That  nothing  in  this  section  shall  be  con- 
strued to  prevent  the  transportation  of  military  or  naval  forces  with  their  accompanying  munitions 
of  war  on  passenger  equipment  vessels  or  vehicles. 

Sec.  233.  The  Interstate  Commerce  Commission  shall  formulate  regulations  for  the  safe 
transportation  of  explosives,  which  shall  be  binding  upon  all  common  carriers  engaged  in  interstate 
or  foreign  commerce  which  transport  explosives  by  land.  Said  commission,  of  its  own  motion, 
or  upon  application  made  by  any  interested  party,  may  make  changes  or  modifications  in  such 
regulations,  made  desirable  by  new  information  or  altered  conditions.  Such  regulations  shall  be 
in  accord  with  the  best  known  practicable  means  for  securing  safety  in  transit,  covering  the  packing, 
marking,  loading,  handling  while  in  transit,  and  the  precautions  necessary  to  determine  whether  the 
material  when  offered  is  in  proper  condition  to  transport.  Such  regulations,  as  v,  ell  as  all  changes 
or  modifications  thereof,  shall  take  effect  ninety  days  after  their  formulation  and  publication  by 
said  commission  and  shall  be  in  effect  until  reversed,  set  aside,  or  modified. 

Sec.  234.  It  shall  be  unlawful  to  transport  carry,  or  convey,  liquid  nitroglycerin,  fulminate 
in  bulk  in  dry  condition,  or  other  like  explosive,'  between  a  place  in  a  foreign  country  and  a  place 
within  or  subject  to  the  jurisdiction  of  the  United  States,  or  between  place  in  one  State,  Territory, 
or  District  of  the  United  States,  or  a  place  noncontiguous  to  but  subject  to  the  jurisdiction  thereof, 
and  a  place  in  any  other  State  Territory,  or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  on  any  vessel  or  vehicle  of  any  description  operated  by 
a  common  carrier  in  the  transportation  of  passengers  or  articles  of  commerce  by  land  or  water. 

Sec.  235.  Every  package  containing  explosives  or  other  dangerous  articles  when  presented 
.  to  a  common  carrier  for  shipment  shall  have  plainly  marked  on  the  outside  thereof  the  contents 
thereof;  and  it  shall  be  unlawful  for  any  person  to  deliver,  or  cause  to  be  delivered,  to  any  common 
carrier  engaged  in  interstate  or  foreign  commerce  by  land  or  water,  for  interstate  or  foreign  trans- 
portation, or  to  carry  upon  any  vessel  or  vehicle  engaged  in  interstate  or  foreign  transportation, 
any  explosive,  or  other  dangerous  article,  under  any  false  or  deceptive  marking,  description,  in- 
voice, shipping  order,  or  other  declaration,  or  without  informing  the  agent  of  such  carrier  of  the 
true  character  thereof,  at  or  before  the  time  such  delivery  or  carriage  is  made.  Whoever  shall 
knowingly  violate,  or  cause  to  be  violated,  any  provision  of  this  section,  or  of  the  three  sections 
last  preceding,  or  any  regulation  made  by  the  Interstate  Commerce  Commission  in  pursuance 
thereof,  shall  be  fined  not  more  than  two  thousand  dollars,  or  imprisoned  not  more  than  eighteen 
months,   or  both. 

Sec.  236.  When  the  death  or  bodily  injury  of  any  person  is  caused  by  the  explosion  of  any 
article  named  in  the  four  sections  last  preceding,  while  the  same  is  being  placed  upon  any  vessel 
or  vehicle  to  be  transported  in  violation  thereof,  or  while  the  same  is  being  so  transported,  or  while 
the  same  is  being  removed  from  such  vessel  or  vehicle,  the  person  knowingly  placing,  or  aiding  or 
permitting  the  placing,  of  such  articles  upon  any  such  vessel  or  vehicle,  to  be  so  transported,  shall 
be  imprisoned  not  more  than  ten  years. 

Public,  No.  350,  approved  March  4,  1909;  effective  January  1,  1910. 


Dynamite,  etc., 
not  to  be  carried  on 
passenger 
for  hire. 


Interstate  Com 
merce  Commissioi 
to  make  regulationi 
for  transportation  o 
explosives. 


Liquid  nitro-gly 
cerin,  etc.,  not  to  b  ' 
carried  on 
vehicles. 


Marking  ^of  pacJi  - 
ages  of  explosives ; 
deceptive  marking. 


Death   or 
injury     caused     by 
such  transportation. 


National  Association  of  Eailway  Commissioners 


259 


Locomotive  boil- 
ers. 

Common  carriers 
affected  by  act. 


Meaning  of  terms. 
"Railroads." 


"Employees." 


Locomotives. 

Use,  unlesa  with 
safe  boilers,  unlaw- 
ful. 


Inspection. 


Chief  and  two  as- 
sistant chief  inspec- 
tors. 

Appointment,  etc. 

Post.  p.  1397. 


Selection. 


Salaries,  etc. 


Office,  etc. 


Inspection     dis- 
tricts. 


District    inspec- 
tors. 

In  classified  civil 
service. 


Salaries,  etc. 


Eismlnations      of 
applicants. 


D  isqualifications . 


I 


Inspection  Oy  car- 
riers. 

Approval,  etc.,  of 
rules  filed. 


Provisos. 

Rules  to  be  ob- 
served if  carrier 
fails  to  file  any. 


Changes. 


BOILER  INSPECTION   ACT 

AN  ACT  To  promote  the  safety  of  employees  and  travelers  upon  railroads  by  compelling  common  carriers  en- 
gaged in  interstate  commerce  to  equip  their  locomotives  withsafe  and  suitable  boilers  and  api)urtcnances 
thereto. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  the  provisions  of  this  Act  shall  apply  to  any  common  carrier  or  carriers, 
their  officers,  agents,  and  employees,  engaged  in  the  transportation  of  passengers  or  property  by 
railroad  in  the  Distrifct  of  Columbia,  or  in  any  Territory  of  the  United  States,  or  from  one  State  or 
Territory  of  the  United  States  or  the  District  of  Columbia  to  any  other  State  or  Territory  of  the 
United  States  or  the  District  of  Columbia,  or  from  any  place  in  the  United  States  to  an  adjacent 
foreign  country,  or  from  any  place  in  the  United  States  through  a  foreign  country  to  any  other  place 
in  the  United  States.  The  term  "railroad"  as  used  in  this  Act  shall  include  all  the  roads  in  use 
by  any  common  carrier  operating  a  railroad,  whether  owned  or  operated  under  a  contract,  agree- 
ment, or  lease,  and  the  term  "employees"  as  used  in  this  Act  shall  be  held  to  mean  persons  actually 
engaged  in  or  connected  with  the  movement  of  any  train. 

Sec.  2.  That  from  and  after  the  first  day  of  July,  nineteen  hundred  and  eleven,  it  shall  be 
unlawful  for  any  common  carrier,  its  officers  or  agents,  subject  to  this  Act  to  use  any  locomotive 
engine  propelled  by  steam  power  in  moving  interstate  or  foreign  traffic  unless  the  boiler  of  said 
locomotive  and  appurtenances  thereof  are  in  proper  condition  and  safe  to  operate  in  the  service 
to  which  the  same  is  put,  that  the  same  may  be  employed  in  the  active  service  of  such  carrier  in 
moving  traffic  without  unnecessary  peril  to  life  or  limb,  and  all  boilers  shall  be  inspected  from  time. 
to"tim"e  in  accordance  with  the  provisions  of  this  Act,  and  be  able  to  withstand  such  test  or  tests 
as  may  be  prescribed  in  the  rules  and  regulations  hereinafter  provided  for. 

Sec.  3.  That  there  shall  be  appointed  by  the  President,  by  and  with  the  advice  and  consent  of 
the  Senate,  a  chief  inspector  and  two  assistant  chief  inspectors  of  locomotive  boilers,  who  shall 
have  general  superintendence  of  the  inspectors,  hereinafter  provided  for,  direct  them  in  the  duties 
hereby  imposed  upon  them,  and  see  that  the  requirements  of  this  Act  and  the  rules,  regulations, 
and  instructions  made  or  given  hereunder  are  observed  by  common  carriers  subject  thereto.  The 
said  chief  inspector  and  his  two  assistants  shall  be  selected  with  reference  to  their  practical  knowl- 
edge of  the  construction  and  repairing  of  boilers,  and  to  their  fitness  and  ability  to  systematize 
and  carry  into  effect  the  provisions  hereof  relating  to  the  inspection  and  maintenance  of  locomotive 
boilers.  The  chief  inspector  shall  receive  a  salary  of  four  thousand  dollars  per  year  and  the 
assistant  chief  inspectors  shall  each  receive  a  salary  of  three  thousand  dollars  per  year;  and  each 
of  the  three  shall  be  paid  his  traveling  expenses  incurred  in  the  performance  of  his  duties.  The 
office  of  the  chief  inspector  shall  be  in  Washington,  District  of  Columbia,  and  the  Interstate  Com- 
merce Commission  shall  provide  such  stenographic  and  clerical  help  as  the  business  of  the  offices 
of  the  chief  inspector  and  his  said  assistants  may  require. 

Sec.  4.  That  immediately  after  his  appointment  and  qualification  the  chief  inspector  shall 
divide  the  territory  comprising  the  several  States,  the  Territories  of  New  Mexico  and  Arizona,  and 
the  District  of  Columbia  into  fifty  locomotive  boiler-inspection  districts,  so  arranged  that  the  ser- 
vice of  the  inspector  appointed  for  each  district  shall  be  most  effective,  and  so  that  the  work  re- 
quired of  each  inspector  shall  be  substantially  the  same.  Thereupon  there  shall  be  appointed  by 
the  Interstate  Commerce  Commission  fifty  inspectors  of  locomotive  boilers.  Said  inspectors 
shall  be  in  the  classified  service  and  shall  be  appointed  after  competitive  examination  according 
to  the  law  and  the  rules  of  the  Civil  Service  Commission  governing  the  classified  service.  The 
chief  inspector  shall  assign  one  inspector  so  appointed  to  each  of  the  districts  hereinbefore  named. 
Each  inspector  shall  receive  a  salary  of  one  thousand  eight  hundred  dollars  per  year  and  his  traveling 
expenses  while  engaged  in  the  performance  of  his  duty.  He  shall  receive  in  addition  thereto  an 
annual  allowance  for  office  rent,  stationery,  and  clerical  assistance,  to  be  fixed  by  the  Interstate 
Commerce  Commission,  but  not  to  exceed  in  the  case  of  any  district  inspector  six  hundred  dollars 
per  year.  In  order  to  obtain  the  most  competent  inspectors  possible,  it  shall  be  the  duty  of  the 
chief  inspector  to  prepare  a  list  of  questions  to  be  propounded  to  applicants  with  respect  to  con- 
struction, repair,  operation,  testing  and  inspection  of  locomotive  boilers,  and  their  practical  ex- 
perience in  such  work,  which  list,  being  approved  by  the  Interstate  Commerce  Commission,  shall 
be  used  by  the  Civil  Service  Commission  as  a  part  of  its  examination.  No  person  interested,  either 
directly  or  indirectly,  in  any  patented  article  required  to  be  used  on  any  locomotive  under  super- 
vision or  who  is  intemperate  in  his  habits  shall  be  eligible  to  hold  the  office  of  either  chief  inspector 
or  assistant  or  district  inspector. 

Sec.  5.  That  each  carrier  subject  to  this  Act  shall  file  its  rules  and  instructions  for  the  inspec- 
tion of  locomotive  boilers  with  the  chief  inspector  within  three  months  after  the  approval  of  this 
Act,  and  after  hearing  and  approval  by  the  Interstate  Commerce  Commission,  such  rules  and 
instructions,  with  such  modifications  as  the  Commission  requires,  shall  become  obligatory  upon 
such  carrier:  Provided,  however.  That  if  any  carrier  subject  to  this  Act  shall  fail  to  file  its  rules  and 
instructions  the  chief  inspector  shall  prepare  rules  and  instructions  not  inconsistent  herewith  for 
the  inspection  of  locomotive  boilers,  to  be  observed  by  such  carrier;  which  rules  and  instructions, 
being  approved  by  the  Interstate  Commerce  Commission,  and  a  copy  thereof  being  served  upon 
the  president,  general  manager,  or  general  superintendent  of  such  carrier,  shall  be  obligatory, 
and  a  violation  thereof  punished  as  hereinafter  provided :  Provided  also,  That  such  common  carrier 
may  from  time  to  time  change  the  rules  and  regulations  herein  provided  for,  but  such  change 


360 


Federal  Laws  Eegclating  Commerce 


shall  not  take  effect  and  the  new  rules  and  regulations  be  in  force  until  the  same  shall  have  been 
filed  with  and  approved  by  the  Interstate  Commerce  Commission.  The  chief  inspector  shall 
also  make  all  needful  rules,  regulations,  and  instructions  not  inconsistent  herewith  for  the  conduct 
of  his  office  and  for  the  government  of  the  district  inspectors :  Provided,  however,  That  all  such 
rules  and  instructions  shall  be  approved  by  the  Interstate  Commerce  Commission  before  they  take 
effect. 

Sec.  6.  That  it  shall  be  the  duty  of  each  inspector  to  become  familiar,  so  far  as  practicable, 
with  the  condition  of  each  locomotive  boiler  ordinarily  housed  or  repaired  in  his  district,  and  if 
any  locomotive  is  ordinarily  housed  or  repaired  in  two  or  more  districts,  then  the  chief  inspector  or 
an  assistant  shall  make  such  division  between  inspectors  as  will  avoid  the  necessity  for  duplication 
of  work.  Each  inspector  shall  make  such  personal  inspection  of  the  locomotive  boilers  under 
his  care  from  time  to  time  as  may  be  necessary  to  fully  carry  out  the  provisions  of  this  Act,  and  as 
may  be  consistent  with  his  other  duties,  but  he  shall  not  be  required  to  make  such  inspections  at 
stated  times  or  at  regular  intervals,  His  first  duty  shall  be  to  see  that  the  carriers  make  inspec- 
tions in  accordance  with  the  rules  and  regulations  established  or  approved  by  the  Interstate  Com- 
merce Commission,  and  that  carriers  repair  the  defects  which  such  inspections  disclose  before  the 
boiler  or  boilers  or  appurtenances  pertaining  thereto  are  again  put  in  service.  To  this  end  each 
carrier  subject  to  this  Act  shall  file  with  the  inspector  in  charge,  under  the  oath  of  the  proper 
officer  or  employee,  a  duplicate  of  the  report  of  each  inspection  required  by  such  rules  and  regula- 
tions, and  shall  also  file  with  such  inspector,  under  the  oath  of  the  proper  officer  or  employee,  a 
report  showing  the  repair  of  the  defects  disclosed  by  the  inspection.  The  rules  and  regulations 
hereinbefore  provided  for  shall  prescribe  the  time  at  which  such  reports  shall  be  made.  Whenever 
any  district  inspector  shall,  in  the  performance  of  his  duty,  find  any  locomotive  boiler  or  apparatus 
pertaining  thereto  not  conforming  to  the  requirements  of  the  law  or  the  rules  and  regulations 
established  and  approved  as  hereinbefore  stated,  he  shall  notify  the  carrier  in  writing  that  the 
locomotive  is  not  in  serviceable  condition,  and  thereafter  such  boiler,  shall  not  be  used  until  in  a 
serviceable  condition :  Provided,  That  a  carrier,  when  notified  by  an  inspector  in  writing  that  a 
locomotive  boiler  is  not  in  serviceable  condition,  because  of  defects  set  out  and  described  in  said 
notice,  may  within  five  days  after  receiving  said  notice,  appeal  to  the  chief  inspector  by  telegraph 
or  by  letter  to  have  said  boiler  reexamined  and  upon  receipt  of  the  appeal  from  the  inspector's 
decision,  the  chief  inspector  shall  assign  one  of  the  assistant  chief  inspectors  or  any  district  inspector 
other  than  the  one  from  whose  decision  the  appeal  is  taken,  to  reexamine  and  inspect  said  boiler 
within  fifteen  days  from  date  of  notice.  If  upon  such  reexamination,  the  boiler  is  found  in  ser- 
viceable condition,  the  chief  inspector  shall  immediately  notify  the  carrier  in  writing,  whereupon 
such  boiler  may  be  put  into  service  without  further  delay;  but  if  the  reexamination  of  said  boiler 
sustains  the  decision  of  the  district  inspector,  the  chief  inspector  shall  at  once  notify  the  carrier 
owning  or  operating  such  locomotive  that  the  appeal  from  the  decision  of  the  inspector  is  dismissed, 
and  upon  the  receipt  of  such  notice  the  carrier  may,  within  thirty  days,  appeal  to  the  Interstate 
Commerce  Commission,  and  upon  such  appeal,  and  after  hearing,  said  Commission  shall  have 
power  to  revise,  modify,  or  set  aside  such  action  of  the  chief  inspector  and  declare  that  said  loco- 
motive is  in  serviceable  condition  and  authorize  the  same  to  be  operated:  Provided  further,  That 
pending  either  appeal  the  requirements  of  the  inspector  shall  be  effective. 

Sec.  7.  That  the  chief  inspector  shall  make  an  annual  report  to  the  Interstate  Commerce 
Commission  of  the  work  done  during  the  year,  and  shall  make  such  recommendations  for  the 
betterment  of  the  service  as  he  may  desire. 

Sec.  8.  That  in  the  case  of  accident  resulting  from  failure  from  any  cause  of  a  locomotive  boiler 
or  its  appurtenances,  resulting  in  serious  injury  or  death  to  one  or  more  persons,  a  statement  forth- 
with must  be  made  in  writing  of  the  fact  of  such. accident,  by  the  carrier  owning  or  operating  said 
locomotive,  to  the  chief  inspector.  Whereupon  the  facts  concerning  such  accident  shall  be  investi- 
gated by  the  chief  inspector  or  one  of  his  assistants,  or  such  inspector  as  the  chief  inspector  may 
designate  for  that  purpose.  And  where  the  locomotive  is  disabled  to  the  extent  that  it  can  not 
be  run  by  its  own  steam,  the  part  or  parts  affected  by  the  said  accident  shall  be  preserved  by  said 
carrier  intact,  so  far  as  possible,  without  hindrance  or  interference  to  traffic  until  after  said  in- 
spection. The  chief  inspector  or  an  assistant  or  the  designated  inspector  making  the  investiga- 
tion shall  examine  or  cause  to  be  examined  thoroughly  the  boiler  or  part  affected,  making  full 
and  detailed  report  of  the  cause  of  the  accident  to  the  chief  inspector. 

The  Interstate  Commerce  Commission  may  at  any  time  call  upon  the  chief  inspector  for  a 
report  of  any  accident  embraced  in  this  section,  and  upon  the  receipt  of  said  report,  if  it  deems  it 
to  the  public  interest,  make  "reports  of  such  investigations,  stating  the  cause  of  accident,  together 
with  such  recommendations  as  it  deems  proper.  Such  reports  shall  be  made  public  in  such  manner 
as  the  Commission  deems  proper.  Neither  said  report  nor  any  report  of  said  investigation,  nor 
any  part  thereof  shall  be  admitted  as  evidence  or  used  for  any  purpose  in  any  suit  or  action  for 
damages  growing  out  of  any  matter  mentioned  in  said  report  or  investigation. 

Sec.  9.  That  any  common  carrier  violating  this  Act  or  any  rule  or  regulation  made  under  its 
provisions  or  any  lawful  order  of  any  inspector  shall  be  liable  to  a  penalty  of  one  hundred  dollars 
for  each  and  every  such  violation,  to  be  recovered  in  a  suit  or  suits  to  be  brought  by  the  United 
States  attorney  in  the  district  court  of  the  United  States  having  jurisdiction  in  the  locahty  where 
such  violation  shall  have  been  committed;  and  it  shall  be  the  duty  of  such  attorneys,  subject  to  the 
direction  of  the  Attorney-General,  to  bring  such  suits  upon  duly  verified  information  being  lodged 


Otfice  rulea,  el 


I 


Approval     of 
ules. 


District  inspec- 
tion. 


Personal      inspec- 
tion of  boilers. 


Inspection  by_cnr* 

riers. 


m 

ipec- 

m 

ciir* 


tworn   repoi 
be  filed. 


Hepairing  defecM. 


Notice    of    def'  «- 
tive  boilers,  etc. 


ProviHO. 

Appeals    to    cb  .ef 
inspector  by  carri  jr. 


UeexaminatU 


Effect. 


Appeals  to  lot  r- 
state  Comiae:  ce 
Commission. 


Final  action. 


Inspector's  r  ?  - 
quirements  eff  -c- 
tive  pending  appei  is. 

Annual  report,  of 
chief  inspector. 


Accidents    f  r  c  nx 
failure  of  boilers. 


Investigatioi 


\i 


Disabled  parts  to 
be  preserved. 


it 


Detailed  repor  s. 


Reports  by  In- 
terstate Commc  rce 
Commission  ol_ 

cause,  etc. 


Ileports,  etc.,  not^ 
admitted  in  (' 

suits. 


;.,  not 


Penalty  for  viola- 
tions by  carriers. 

Duty  of  district 
attorneys  to  bring 
suits. 


National  Association  of  Kailway  Commissioners 


261 


Information    from 
chief  inspector. 


Limit    of    appro- 
priations. 


with  them,  respectively,  of  such  violations  having  occurred;  and  it  shall  be  the  duty  of  the  chief 
inspector  of  locomotive  boilers  to  give  information  to  the  proper  United  States  attorney  of  all 
violations  of  this  Act  coming  to  his  knowledge. 

Sec.  10.  That  the  total  amounts  directly  appropriated  to  carry  out  the  provisions  of  this 
Act  shall  not  exceed  for  any  one  fiscal  year  the  sum  of  three  hundred  thousand  dollars. 

Public,  No.  383,  approved  February  17,  1911. 


:  oerta 


Metropolitan 
Coacli  Company. 

Transfers  with 
Washington  Rail- 
way find  Electric 
Company  to  con- 
tinue. 

Substitution  o  f 
motor  vehicles  re- 
quired. 

Proviso. 
Transfers. 


Clean,    safe    cars, 
not  crowded. 


Commission    to 
enforce  obedience. 


Commission  may 
make  orders. 


Carriers      must 
comply. 


Penalties. 

Separate  offenses. 
Prosecutions. 


AN  ACT  AuthoiiziiiE  tertain  extensions  to  be  made  of  the  lines  of  the  Anacostia  and  Potomac  River  Railroad 
Company,  the  Washington  Railway  and  Electric  Company,  the  City  and  Suburban  Railway  of  Washington 
and  the  Capital  Traction  Company,  in  the  District  of  Columbia,  and  for  other  purposes. 

*  #  "  *  *  ■  *  * 

Sec.  12.  That  existing  transfer  arrangements  between  the  Washington  Railway  and  Electric 
Company  and  the  Metropolitan  Coach  Company,  a  corporation  of  the  District  of  Columbia,  shall 
not  be  terminated,  except  by  authority  of  Congress;  and  unless  said  Metropolitan  Coach  Company 
shall,  within  one  year  after  the  passage  of  this  Act,  substitute  motor  vehicles  to  be  approved  by  the 
Commissioners  of  the  District  of  Columbia,  for  the  herdics  now  used  by  it,  its  right  to  operate 
its  line  shall  cease  and  determine :  Provided  further,  That  all  transfers  issued  by  the  Metropolitan 
Coach  Company  shall  be  properly  dated  and  punched  as  to  time  limit  as  provided  by  rules  and 
regulations  to  be  made,  altered,  and  amended  from  time  to  time  by  the  Interstate  Commerce 
Commission,  and  that  unless  said  transfers  are  so  dated  and  punched  the  Washington  Railway 
and  Electric  Company  shall  not  be  required  to  receive  them. 

Sec.  16.  That  every  street  railroad  company  or  corporation  owning,  controlling,  leasing  or 
operating  one  or  more  street  railroads  within  the  District  of  Columbia  shall  on  each  and  all  of  its 
railroads  supply  and  operate  a  sufficient  number  of  cars,  clean,  sanitary,  in  good  repair,  with  proper 
and  safe  power,  equipment,  appliances  and  service,  comfortable  and  convenient,  and  so  operate  the 
same  as  to  give  expeditious  passage,  not  to  exceed  fifteen  miles  per  hour  within  the  city  limits  or 
twenty  miles  per  hour  in  the  suburbs,  to  all  persons  desirous  of  the  use  of  said  cars,  without  crowding 
said  cars.  The  Interstate  Commerce  Commission  is  hereby  given  power  to  require  and  compel 
obedience  to  all  of  the  provisions  of  this  section,  and  to  make,  alter,  amend,  and  enforce  all  needful 
rules  and  regulations  to  secure  said  obedience;  and  said  Commission  is  given  power  to  make  all  such 
orders  and  regulations  necessary  to  the  exercise  of  the  powers  herein  granted  to  it  as  may  be  reason- 
able and  proper;  and  such  railroad  companies  or  corporations,  their  officers  and  employees,  are 
hereby  required  to  obey  all  the  provisions  of  this  section,  and  such  regulations  and  orders  as  may  be 
made  by  said  Commission.  Any  such  company  or  corporation,  or  its  officers  or  employees,  vio- 
lating any  provision  of  this  section,  or  any  of  the  said  orders  or  regulations  made  by  said  Commis- 
sion, or  permitting  such  violation,  shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars.  And  each  day  of  failure  or  neglect  on  the  part  of  such  company  or  corporation,  its  officers 
or  employees,  to  obey  each  and  all  of  the  provisions  and  requirements  of  this  section,  or  the  orders 
and  regulations  of  the  Commission  made  thereunder,  shall  be  regarded  as  a  separate  offense. 

Sec.  17.  That  prosecutions  for  violations  of  any  of  the  provisions  of  this  Act  shall  be  on 
inforniation  of  the  Interstate  Commerce  Commission  filed  in  the  police  court  by  or  on  behalf  of 
the  Commission. 


Public,  No.  134,  approved  May  23,  1908. 


AN  ACT  Requiring  District  of  Columbia  gas  and  electric  companies  to  keep  books  in  a  manner  prescribed 
by  the  Commission. 


Commission  to  On  and  after  the  passage  of  this  Act  every  corporation  engaged  in  the  manufacture  and  sale 

b^^kk^"  in'°""f  o°r  ^^  S^-S  Or  electricity  in  the  District  of  Columbia  shall  open  and  keep  a  set  of  books  in  manner  and 
District  of  Coium-  form  prescribed  by  the  Interstate  Commerce  Commission. 

bia  Kas  and  electric  %  :lc  *  :fe  #  4c 

companies. 

PubUc,  No.  303,  approved  March  3,  1909. 


262 


Xational  Association  of  Railway  Commissioxers 


RULES  OF  PRACTICE 


Method  Prescribed  by  the  Interstate  Commerce  Commission  for  Preparing  and 

Presenting  Complaints 


I. 

PUBLIC    SESSIONS. 

The  general  sessions  of  the  commission  for  hearing 
contested  cases  will  be  held  at  its  office  in  the  Sun 
Building,  No.  1317  F  street  N.  W.,  Washington,  D.  C, 
on  such  days  and  at  such  hour  as  the  commission  may 
designate. 

When  special  sessions  are  held  at  other  places,  such 
regulation  as  may  be  necessary  will  be  made  by  the 
commission. 

Sessions  for  receiving,  considering  and  acting  upon 
petitions,  applications  and  other  communications,  and 
also  for  considering  and  acting  upon  any  business  of 
the  commission  other  than  the  hearing  of  contested 
cases,  will  be  held  at  its  said  office  at  11  o'clock  a.  m. 
daily  when  the  commission  is  in  Washington. 

II. 

PARTIES   TO    CASES. 

Any  person,  firm,  company,  corporation  or  association, 
mercantile,  agricultural  or  manufacturing  society,  body 
politics  or  municipal  organization,  or  the  railroad  com- 
missioner or  commission  of  any  State  or  Territory,  may 
complain  to  the  commission  bv  petition,  of  anything 
done,  or  omitted  to  be  done,  in  violation  of  the  pro- 
visions of  the  act  to  regulate  commerce  by  any  common 
carrier  or  carriers  subject  to  the  provisions  of  said 
act.  Where  a  complaint  relates  to  the  rates  or  practices 
of  a  single  carrier,  no  other  carrier  need  be  made  a  party, 
but  if  it  relates  to  matters  in  which  two  or  more  carriers, 
engaged  in  transportation  by  continuous  carriage  or 
shipment,  are  interested,  the  several  carriers  partici- 
pating in  such  carriage  or  shipment  are  proper  parties 
defendant. 

Where  a  complaint  relates  to  rates  or  practices  of 
carriers  operating  different  lines,  and  the  object  of 
the  proceedings  is  to  secure  correction  of  such  rates 
or  practices  on  each  of  said  lines,  all  the  carriers  op- 
erating such  lines  must  be  made  defendants. 

When  the  line  of  a  carrier  is  operated  by  a  receiver 
or  trustee,  both  the  carrier  and  its  receiver  or  trustee 
should  be  made  defendants  in  cases  involving  trans- 
portation over  such  line. 

Persons  or  carriers  not  parties  may  petition  in  any 
proceeding  for  leave  to  intervene  and  be  heard  therein. 
Such  petition  shall  set  forth  the  petitioner's  interest  in 
the  proceeding.  Leave  granted  on  such  application  shall 
entitle  the  intervener  to  appear  and  be  treated  as  a 
party  to  the  proceeding,  but  no  person,  not  a  carrier, 
who  intervenes  in  behalf  of  the  defense,  shall  have  the 
right  to  file  an  answer  or  otlierwise  become  a  party,  ex- 
cept to  have  notice  of  and  appear  at  the  taking  of 
testimony,  produce  and  cross-examine  witnesses  and  be 
heard  in  person  or  by  counsel  on  the  argument  of  tlie 
case. 


III. 

COMPLAINTS. 

Complaints  of  unlawful  acts  or  practices  by  any  com- 
mon carrier,  made  in  pursuance  of  section  13  of  the  act 
to  regulate  commerce,  must  be  by  petition,  setting 
forth  briefly  the  facts  claimed  to  constitute  a  violation 
of  the  law.  The  name  of  the  carrier  or  carriers  com- 
plained against  must  be  stated  in  full  and  the  ad- 
dress of  the  petitioner,  with  the  name  and  address  of  his 
attorney  or  counsel,  if  any,  must  appear  upon  the  peti- 
tion. The  complainant  must  furnish  as  many  copies 
of  the  petition  as  there  may  be  parties  complained 
against  to  be  served. 

The  commission  will  cause  a  copy  of  the  petition  with 
notice  to  satisfy  or  answer  the  same  within  a  specified 
time,  to  be  served  personally  or  by  mail  in  its  discretion, 
upon  each  carrier  complained  against. 


IV. 

ANSWERS. 


dl 


A  carrier  complained  against  must  answer  within 
twenty  days  from  the  date  of  the  notive  above  provided 
for,  but  the  commission  may,  in  a  particular  case,  re- 
quire the  answer  to  be  filed  within  a  shorter  time. 
The  time  prescribed  in  any  case  may  be  extended,  upon 
good  cause  shown,  by  special  order  of  the  commission. 
The  original  answer  must  be  filed  with  the  secretarv  of 
the  commission  at  its  office  in  Washington,  and  a  copy 
thereof  at  the  same  time  served,  personally  or  by  mail, 
upon  the  complainant,  who  must  forthwith  notify  the 
secretary  of  its  receipt.  The  answer  must  specifically 
admit  or  deny  the  material  allegations  of  the  petition, 
and  also  set  forth  the  facts  which  will  be  relied  upon  to 
support  any  such  denial.  If  a  carrier  complained  against 
shall  make  satisfaction  before  answering,  a  written  ac- 
knowledgement thereof,  showing  the  character  and  extent 
of  the  satisfaction  given,  must  be  filed  by  the  com- 
plainant, and  in  that  case  the  fact  and  manner  of 
satisfaction,  without  other  matter,  may  be  set  forth  in 
the  answer.  If  satisfaction  be  made  after  the  filing 
and  service  of  an  answer,  such  written  acknowledgment 
must  also  be  filed  by  the  complainant,  and  a  supple 
mental  answer  setting  forth  the  fact  and  manner 
satisfaction  must  be  filed  bv  the  carrier. 


V. 

NOTICE  IN  NATURE  OF  DEMURRER. 


i 


A  carrier  comnlained  against  who  deems  the  petition 
insufficient  to  show  a  brfeach  of  legal  duty,  may,  in- 
stead of  answering,  or  formally  demurring,  serve  on  the 
complainant  notice  of  hearing  on  the  petition;  and  in 
such  case  the  facts  stated  in  the  petition  will  be  deemed 
admitted.  A  copy  of  the  notice  must  at  the  same  time 
be  filed  with  the  secretary  of  the  commission.  The  filing 
of  an  anwser,  however,  will  not  be  deemed  an  admission 


Federal  Laws  Eegulating  Commerce 


263 


of  the  sufficiency  of  the  petition,  but  a  motion  to  dismiss 
for  insufficiency  may  be  made  at  the  hearing. 

VI. 

SERVICE  OF  PAPERS. 

Copies  of  notices  or  other  papers  must  be  served  upon 
the  adverse  party  or  parties,  personally  or  by  mail ;  and 
when  any  part^'  has  appeared  by  attorney,  service  upon 
such  attorney  shall  bo  deemed  pr(^er  service  upon  the 
party. 

VII. 

AFFIDAVITS. 

Affidavits  to  any  pleading  or  application  may  be 
made  before  any  officer  of  the  United  States,  or  of  any 
State  or  Territory,  authorized  to  administer  oaths. 

VIII. 

AMENDMENTS. 

Upon  application  of  any  party,  amendments  to  any 
petition  or  answer,  in  any  proceeding  or  investigation, 
may  be  allowed  by  the  commission  in  its  discretion. 

IX. 

jiDJODRNMENTS  AND  EXTENSIONS  OF  TIME. 

Adjournments  and  extensions  of  time  may  be  granted 
upon  the  application  of  any  party  in  the  discretion  of 
the  commission. 

X. 

STIPULATIONS. 

The  parties  to  any  proceeding  or  investigation  be- 
fore the  commission  may,  by  stipulation  in  writing  filed 
with  the  secretary,  agree  upon  the  facts,  or  any  portion 
thereof  involved  in  the  controversy,  which  stipulation 
shall  be  regarded  and  used  as  evidence  on  the  hearing. 
It  is  desired  that  the  facts  bo  thus  agreed  upon  whenever 
practicable. 

XI. 

HEARINGS. 

Upon  issue  being  joined  bv  the  service  of  an  answer 
nr  notice  of  hearing  on  the  petition,  the  commission 
will  assign  a  time  and  place  for  hearing  the  ease,  which 
will  be  at  its  office  in  "Washington,  unless  otherwise 
ordered.  "Witnesses  will  be  examined  orally  before  the 
commission,  unless  their  testimony  be  taken  or  the  facts 
be  agreed  upon  as  provided  for  in  these  rules.  The  com- 
plainant must  in  all  cases  establish  the  facts  alleged 
to  constitute  a  violation  of  the  law,  unless  the  carrier 
complained  against  admits  the  same  or  fails  to  answer 
the  petition.  The  carrier  must  also  prove  facts  alleged 
in  the  answer,  unless  admitted  by  the  petitioner,  and 
fully  disclose  its  defense  at  the  hearing. 

In  case  of  failure  to  answer,  the  commission  will  take 
such  proof  of  the  facts  as  may  be  deemed  proper  and 
reasonable,  and  make  such  order  thereon  as  the  cir- 
cumstances of  the  case  anpear  to  require. 

Cases  mav  be  argued  orally  upon  submission  of  the 
testimonv,  unless  a  different  time  shall  be  agreed  iipon 
by  the  parties  or  directed  by  the  commission,  but  oral 
argument  mav  be  omitted  in  tlie  discretion  of  the  com- 


mission. 


XII. 


DEPOSITIONS. 

The  testimony  of  any  witness  may  be  taken  by  depo- 
sition, at  the  instance  of  a  party,  in  any  proceeding  or 
investigation  before  the  commission,  and  at. any  time 
after  the  same  is  at  issue.     The  commission  may  also 


order  testimony  to  be  taken  by  deposition,  in  any  pro- 
ceeding or  investigation  pending  before  it  at  any  stage 
of  such  proceeding  or  investigation.  Such  deposition 
may  be  taken  before  any  judge  of  any  court  of  the  United 
States,  or  any  commissioner  of  a  circuit  or  any  clerk  of  a 
district  or  circuit  court,  or  any  chancellor,  justice  or 
judge  of  a  supreme  or  superior  court,  mayor  or  chief 
magistrate  of  a  city,  judge  of  a  county  court  or  court  of 
common  pleas  of  any  of  the  United  States,  or  any  no- 
tary public,  not  being  of  counsel  or  attorney  to  either  of 
the  parties,  or  otherwise  interested  in  the  proceedings  or 
investigation.  Eeasonable  notice  must  be  given  in  writ- 
ing by  the  party  or  his  attorney  proposing  to  take  such 
deposition  to  the  opposite  party  or  his  attorney  of 
record,  which  notice  shall  state  the  name  of  the  witness 
and  the  time  and  place  of  the  taking  of  his  deposition, 
and  a  copy  of  such  notice  shall  be  filed  with  the  secretary. 

"When  testimony  is  to  be  taken  on  behalf  of  a  common 
carrier  in  any  proceeding  instituted  by  the  commission 
on  its  own  motion,  reasonable  notice  thereof  in  writing 
must  be  given  by  such  carrier  to  the  commission  itself, 
or  to  such  person  as  may  have  been  previously  designated 
by  the  commission  to  be  served  with  such  notice. 

Every  person  whose  disposition  is  taken  shall  be  cau- 
tioned and  sworn  (or  may  affirm,  if  he  so  request)  to 
testify  the  whole  truth,  and  shall  be  carefully  examined. 
His  testimony  shall  be  reduced  to  writing,  which  may 
be  typewriting,  by  the  magistrate  taking  the  deposition, 
or  under  his  direction,  and  shall,  after  it  has  been  re- 
duced to  writing,  be  subscribed  by  the  witness. 

If  a  witness  whose  testimony  may  be  desired  to  be 
taken  by  deposition  be  in  a  foreign  country,  the  depo- 
sition rnay  be  taken  before  an  officer  or  person  desig- 
nated by  the  commission,  or  agreed  upon  by  the  parties 
b"  stipulation  in  writing  to  be  filed  with  the  secretary. 
All  depositions  must  be  promptlv  filed  with  the  secre- 
tary. 

XIII. 

WITNESSES   AND   SUBPOENAS. 

Subpoenas  requiring  the  attendance  of  witnesses  from 
any  place  in  the  United'  States  to  any  designated  place 
of  hearing,  for  the  purpose  of  taking  the  testimony  of 
such  witnesses  orally  before  one  or  more  members  of 
the  commission,  or  by  deposition  before  a  magistrate 
authorized  to  take  the  same,  will,  upon  the  application 
of  either  party,  or  upon  the  order  of  the  commission 
directing  the  taking  of  such  testimony,  be  issued  by  any 
member  of  the  commission. 

Subpoenas  for  the  production  of  books,  papers  or 
documents  (unless  directed  to  issue  by  the  commission 
upon  its  own  motion)  will  only  be  issued  upon  appli- 
cation in  writing;  and  when  it  is  sought  to  compel 
witnesses  not  parties  to  the  proceeding,  to  produce 
such  documentary  evidence,  the  application  must  be 
sworn  to  and  must  specify,  as  nearly  as  may  be,  the 
books,  papers,  or  documents  desired;  that  the  same  are 
in  the  possession  of  the  witness  or  under  his  control; 
and  also,  by  facts  stated,  show  that  they  contain  ma- 
terial evidence  necessary  to  the  applicant.  Applica- 
tions to  compel  a  party  to  the  proceeding  to  produce 
books,  papers,  or  documents  need  only  set  forth  jn  a 
general  way  the  books,  papers,  or  documents  desired 
to  be  produced,  and  that  the  applicant  believes  they 
will  be  of  service  in  the  determination  of  the  case. 

"Witnesses  whose  testimony  is  taken  orally  or  by  dep- 
osition, and  the  magistrate  or  other  officer  taking  such 
depositions  are  severally  entitled  to  the  same  fees  as 


264 


National  Association  of  Hailway  Commissioners 


are  paid  for  like  services  in  the  courts  of  the  TJnited 
States,  such  fees  to  be  paid  by  the  party  at  whose 
instance  the  testimony  is  taken. 

XIV. 

PEOPOSED  FINDINGS  AND  BEIEFS. 

Proposed  findings  embracing  the  material  facts 
claimed  to  be  established  by  the  evidence,  and  referring 
to  the  particular  part  of  the  record  relied  upon  to  sup- 
port each  finding  proposed,  shall  be  filed  by  each  party. 
Printed  or  written  arguments  or  briefs  may  be  filed 
by  any  party.  A  copy  of  the  proposed  findings,  briefs, 
or  argument  filed  on  behalf  of  any  party,  personally 
or  by  mail,  and  notice  of  such  service  thereupon  filed 
with  the  secretary  of  the  commission.  The  time  within 
which  proposed  findings  and  printed  or  written  argu- 
mants  or  briefs  shall  be  filed  in  any  case  will  be  deter- 
mined by  the  commission  upon  submission  of  the  testi- 
mony. 

XV. 

EEHEAEINGS. 

Applications  for  reopening  a  case  after  final  submis- 
sion, or  for  rehearing  after  decision  made  by  the  com- 
mission, must  be  by  petition,  and  must  state  specific- 
ally the  grounds  upon  which  the  application  is  based. 
If  such  application  be  to  reopen  the  case  for  further 
■evidence,  the  nature  and  purpose  of  such  evidence  must 
be  briefiy  stated,  and  the  same  must  not  be  merely 
cumulative.  If  the  application  be  for  rehearing,  the 
petition  must  specify  the  findings  of  the  fact,  and  con- 
clusions of  law  claimed  to  be  erroneous,  with  a  brief 
statement  of  the  grounds  of  error;  and  when  any  rec- 
ommendation, decision,  or  order  of  the  commission  is 
sought  to  be  reversed,  changed,  or  modified  on  account 
of  facts  and  circumstances  arising  subsequent  to  the 
hearing,  or  of  consequences  resulting^  from  compliance 
with  such  recommendations,  decision  or  order  which 
are  claimed  to  justify  a  reconsideration  of  the  case, 
the  matter  relied  upon  by  the  applicant  must  be  fully 
set  forth.  Such  petition  must  be  duly  verified,  and  a 
copy  thereof,  with  notice  of  the  time  and  place  when 
the  application  will  be  made,  must  be  served  upon  the 
adverse  party  at  least  ten  days  before  the  time  named 
in  such  notice. 

XVI. 

FEINTING  OF   PLEADINGS,   ETC. 

Pleadings,  depositions,  briefs,  and  other  papers  of 
importance  shall  be  printed  or  in  typewriting,  and  when 
not  printed  only  one  side  of  the  paper  shall  be  used. 

XVII. 

COPIES  OF  PAPEES  OS  TESTIMONY. 

Copies  of  any  petition,  complaint,  or  answer  in  any 
matter  or  proceeding  before  the  commission,  or  of  any 
order,  decision,  or  opinion  by  the  commission,  will  be 
furnished  without  charge,  upon  application  to  the  sec- 


retary by  any  person  or  carrier  party  to  the  proceeding. 
One  copy  of  the  testimony  will  be  furnished  by  the 
commission  for  the  use  of  the  complainant,  and  one 
copy  for  the  use  of  the  defendant,  without  charge;  and 
when  two  or  more  complainants  or  defendants  have 
appeared  at  the  hearing,  such  complainants  or  defend- 
ants must  designate  to  whom  the  copy  for  their  use 
shall  be  delivered. 


XVIII. 


I 


COMPLIANCE  WITH  OEDEES  AGAINST  CAERIEES 

Upon  the  issuance  of  an  order  against  any  carrier 
or  carriers  after  hearing,  investigation,  and  report  by 
the  commission,  such  carrier  or  carriers  must  promptl}, 
upon  compliance  with  its  requirements,  notify  the  secre- 
tary that  action  has  been  taken  in  conformity  with  tha 
order;  and  when  a  change  in  rates  is  required,  sucli 
notice  must  be  given  in  addition  to  the  filing  of  ;i 
schedule  or  tariff  showing  such  change  in  rates. 


XIX. 


J 


APPLICATIONS   BY   CAEEIERS   UNDEE   PEOVISO   CLA' 
FOUETH  SECTION. 

Any  common  carrier  may  apply  to  the  commission, 
under  the  proviso  clause  of  the  fourth  section,  for  au- 
thority to  charge  for  the  transportation  of  like  kini 
of  property  less  for  a  longer  than  for  a  shorter  distanc 
over  the  same  line,  in  the  same ,  direction,  the  shorte  ■ 
being  included  within  the  longer  distance.  Such  appli 
cation  shall  be  by  verified  petition,  which  shall  specif; 
the  place  and  traffic  involved,  the  rates  charged  on  sucl 
traflSc  for  the  shorter  and  longer  distances,  the  carrier 
other  than  the  petitioner  which  may  be  interested  ii 
the  traffic,  the  character  of  the  hardship  claimed  t( 
exist,  and  the  extent  of  the  relief  sought  by  the  peti 
tioner.  Upon  the  filing  of  such  a  petition,  the  com 
mission  will  take  such  action  as  the  circumstances  o 
the  case  seem  to  require. 


XX. 

INFORMATION    TO    PAETIES. 


s 


The  secretary  of  the  commission  will,  upon  request, 
advise  any  party  as  to  the  form  of  petition,  answer,  o- 
other  paper  necessary  to  be  filed  in  any  case,  and  fumisl 
such  information  from  the  files  of  the  commission  a; 
will  conduce  to  a  full  presentation  of  facts  material  ti> 
the  controversy. 

XXI.  ^i 

ADDEESS    OF   THE    COMMISSION. 

All  complaints  concerning  anything  done  or  omitted 
to  be  done  by  any  common  carrier,  and  all  petition) 
or  answers  in  any  proceeding,  or  applications  in  rela- 
tion thereto,  and  all  letters  and  telegrams  for  the  com- 
mission, must  be  addressed  to  Washington,  D.  C,  un- 
less otherwise  specially  directed. 


Federal  Laws  Regulating  Commerce 


265 


FORMS 


Adopted  by  the  Interstate 

These  forms  may  be  used  In  cases  to  which  they  are 
applicable,  with  such  alterations  as  the  circumstances  may 
render  necessary. 

I. 

Complaint  Against  a  Single  Carrier. 
Interstate    Commerce    Commission. 

A.  B.  against  The  Railroad  Company. 

The  petition  of  the  above-named  complainant  respect- 
fully shows: 

I.  That  [here  let  complainant  state  Ms  occupation  and 
place  of  business]. 

II.  That  the  defendant  above  named  is  a  common  car- 
rier   engaged    in    the    transportation    of    passengers    and 

property  by  railroad  between  points  in  the  State  of 

and  points  in  the  State  of  ,  and  as  such  common 

carrier   is   subject  to  the  act  to  regulate  commerce  and 
acts  amendatory  therefor  supplementary  thereto. 

III.  That  [here  state  concisely  the  matters  intended  to 
be  complained  of.  Continue  numbering  each  succeeding 
paragraph  as  in  Nos.  I,  II,  and  III]. 

Wherefore  the  petitioner  prays  that  the  defendant  may 
be  required  to  answer  the  charges  herein,  and  that,  after 
due  hearing  and  investigation,  an  order  be  made  command- 
ing the  defendant  to  cease  and  desist  from  said  violations 
of  the  act  to  regulate  commerce,  and  for  such  other  and 
further  order  as  the  commission  may  deem  necessary  in  the 
premises. 

The  prayer  may  be  varied  so  as  to  asli  also  for  the  as- 
certainment of  lawful  rates  on  purchases  and  an  order  re- 
quiring the  carrier  to  conform  thereto.  [If  reparation  for 
any  wrong  or  injury  be  desired,  the  petitioner  should  state 
the  nature  and  extent  of  the  reparation  he  deems  proper.] 

Dated  at , ,  19 — . 

,  19—. 

A.  B. 


Commerce  Commission 


state  of 


[Complainant's  signature.] 


County  of 


A.  B.  being  duly  sworn,  says  that  he  Is  the  complainant 
In  this  proceeding,  and  that  the  matters  set  forth  in  the 
foregoing  petition  are  true  as  he  verily  believes. 

A.  B. 

Subscribed  and  sworn  to  before  me  this  day  of 

— ,  19—.  C.  D., 

Justice  of  the  Peace. 
[Or  other  officer  authorized  to  administer  oaths.] 


ir. 

Complaint  Against  Joint  or  Connecting  Carriers. 

Interstate   Commerce   Commission. 

A.  B.  against  The Railroad  Company  [here  set  out 

in  full   the   titles   of   the  several   carriers   complained 

against.] 

The  petition  of  the  above-named  complainant  respect- 
fully shows: 

I.  That  [here  let  complainant  state  his  occupation  and 
place   of   business.] 

II.  That  the  defendants  above  named  are  common  car- 
riers, and  under  a  common  control,  management  or  ar- 
rangement, for  continuous  carriage  or  shipment,  are 
engaged  in  the  transportation  of  passengers  and  property 
wholly  by  railroad   [or,  partly  by  railroad  and  partly  by 

water,  as  the  case  may  be]  between  ,  in  the  State 

of ,  and  ,  in  the  State  of ,  and  as  such 

common  carriers  are  subject  to  the  act  to  regulate  com- 
merce, approved  February  4,  1887,  and  act  amendatory 
thereof  or  supplementary  thereto. 

[Then  proceed  as  in  form  No.  i.l 


III. 

Answer. 

INTEBSTATE     COMMERCE     COMMISSION. 


A.  B.  against  The 


Railroad  Company. 


The  above-named  defendant,  for  answer  to  the  com- 
plainant in  this  proceeding,  respectfully  states — 

I.  That  [here  'follow  the  usual  admissions,'  denials,  and 
averments.  Continue  numbering  each  succeeding  para- 
graph.] 

Wherefore  the  defendant  prays  that  the  complaint  In 
this  proceeding  be  dismissed. 

THE RAILROAD  COMPANY, 

By  E.  F.   [Title  of  Officer.^ 
State  of  , 


County  of 


ss.: 


of 


E.  F.,  being  duly  sworn,  says  that  he  is  the  — 

the Railroad  Company,  defendant  in  this  proceeding, 

and  that  the  foregoing  answer  is  true  as  he  verily  believes. 

B.  F. 

Subscribed  and  sworn  to  before  me  this  —  day  of , 

19—.  C.  D., 

Justice  of  the  Peace. 
[Or  other  officer  authorized  to  administer  oaths.] 

IV. 

Notice  by  Carrier  Under  Rule  V. 

Interstate   Commerce   Commission. 

A.  B.  against  The Railroad  Company. 

Notice  is  hereby  given  under  Rule  V  of  the  Rules  of 
Practice  in  proceedings  before  the  commission  that  a  hear- 
ing is  desired  in  this  proceeding  upon  the  facts  as  slated  la 

the  complaint.        THE RAILROAD  COMPANY, 

By  E.  F.  [Title  of  officer.] 

V. 
Subpoena. 
Interstate   Commerce   Commission. 


To 


—  in  the 

as  a  wit- 

-.  188—, 


You  are  hereby  required  to  appear  before  — 

matter  of  a  complaint  of against  

ness  on  the  part  of ,  on  the day  of  ■ 

at  o'clock,  at  ,  and  bring  with  you  then  and 

there  the . 

Dated . 

[Seal] 


Commissioner. 


Attorney  for  . 

[Notice. — Witness  fees  for  attendance  under  this  sub- 
poena are  to  be  paid  by  the  party  whose  instance  the  wit- 
ness is  summoned,  and  every  copy  of  this  summons  for  the 
witness  must  contain  a  copy  of  this  notice.] 

VL 
Notice  of  Taking  Depositions  Under  Rule  XII. 
Interstate   Commerce   Commission. 
A.  B.  against  The  Railroad  Company. 

You  are  hereby  notified  that  G.  H.  will  be  examined  be- 
fore C.  D.,  a  [title  officer  or  magistrate],  at ,  on  the 

day  of ,  19 — ,  at  —  o'clock  in  the noon, 

as  a  witness  for  the  above-named  complainant  [or,  defend- 
ant, as  the  case  may  be],  according  to  act  of  congress  In 
such  case  made  and  provided,  and  the  rules  of  practice  of 
the  Interstate  Commerce  Commission;  at  which  time  and 
place  you  are  notified  to  be  present  and  take  part  in  the 
examination  of  said  witness. 

Dated,  ,  ,  19—.  I.  J. 

[Signature  of  complainant  or  defendant,  or  of  counsel.  I 

To  A.  B.,  the  above-named  complainant  [or.  The 

Railroad  Company,  the  above-named  defendant;  or,  To  K. 
L.,  counsel  for  the  above-named  complainant  or  defendant.] 


•^^)Ci 


National  Association  of  Railway  Commissioneks 

PUBLIC  SERVICE  LAWS  OF  ALABAMA 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

§  23.  That  the  exercise  of  the  right  of  eminent  domain 
shall  never  be  abridged  nor  so  construed  as  to  prevent 
the  legislature  from  taking  the  property  and  franchises 
of  incorporated  companies  and  subjecting  them  to  public 
use  in  the  same  manner  in  which  the  property  and 
franchises  of  individuals  are  taken  and  subjected,  but 
private  property  shall  net  be  taken  for,  or  applied  to, 
public  use  unless  just  compensation  be  first  made  there- 
for, nor  shall  private  property  be  taken  for  private  use, 
or  for  the  use  of  corporations,  other'  than  municipal, 
without  the  consent  of  the  owner;  provided,  however, 
that  the  legislature  may  by  law  secure  to  persons  or 
corporations  the  right  of  way  over  the  lands  of  other 
persons  or  corporaticns,  and  by  general  laws  provide 
for  and  regulate  the  exercise  by  persons  and  corporations 
of  the  rights  herein  reserved,  but  just  compensation 
shall,  in  all  cases,  be  first  made  to  the  owner;  and  pro- 
vided, that  the  right  of  eminent  domain  shall  not  be  so 
construed  as  to  allow  taxation  or  forced  subscription  for 
the  benefit  of  railroads  or  any  other  kind  of  corporations, 
other  thau  municipal,  or  for  the  benefit  of  any  individual 
or  association. 

ARTICLE  IV. 

LEGISLATIVE   DEPARTMENT. 

§  74.  No  Act  of  the  legislature  shall  authorize  the 
investment  of  any  trust  fund  by  executors,  administrators, 
guardians  or  other  trustees  in  the  bonds  or  stock  of 
any  private  corporation,  and  any  such  Acts  now  existing 
are    avoided,   saving   investments   heretofore    made. 

§  99.  Lands  belonging  to  or  under  the  control  of  the 
State  shall  never  be  donated,  directly  or  indirectly  to 
private  corporations,  associations  or  individuals,  or  rail- 
road companies;  nor  shall  such  lands  be  sold  to  cor- 
porations or  associations  for  a  less  price  than  that  for 
which  they  are  subject  to  sale  to  individuals;  provided, 
that  nothing  contained  in  this  secton  shall  prevent  the 
legislature  from  granting  a  right  of  way,  not  exceeding 
125  feet  in  width,  as  a  mere  easement,  for  railroads  or 
telegraph  or  telephone  lines  across  State  land,  and  the 
legislature  shall  never  dispose  of  the  land  covered  by 
such  right  of  way  except  subject  to  such  easement. 

§  103.  The  legislature  shall  provide  by  law  for  the 
regulation,  prohibition  or  reasonable  restraint  of  com- 
mon carriers,  partnerships,  associations,  trusts,  monopo- 
lies and  combinations  of  capital,  so  as  to  prevent  them, 
or  any  of  them,  from  making  scarce  articles  of  necessity, 
trade  or  commerce,  or  from  increasing  unreasonably  the 
cost  thereof  to  the  consumer,  or  preventing  reasonable 
competition   in   any   calling,    trade   or    business. 

§  108.  The  operation  of  a  general  law  shall  not  be 
suspended  for  the  benefit  of  any  individual,  private  cor- 
poration or  association;  nor  shall  any  individual,  private 
corporation  or  association  be  exempted  from  the  opera- 
tion of  any  general  law,  except  as  in  this  article  other- 
wise provided. 

ARTICLE  XII. 

CORPORATIONS — MUNICIPAL    CORPORATIONS. 

§  220.  No  person,  firm,  association  or  corporation 
shall  be  authorized  or  permitted  to  use  the  streets, 
avenues,  alleys  or  public  places  of  any  city,  town  or 
village  for  the  construction  or  operation  of  any  public 
utility  or  private  enterprise,  without  first  obtaining  the 
consent  of  the  proper  authorities  of  such  city,  town  or 
village. 

§  221.  The  legislature  shall  not  enact  any  law  which 
will  permit  any  person,  firm,  corporation  or  association 
to  pay  a  privilege,  license  or  other  tax  to  the  State  of 
Alabama,  and  relieve  him  or  it  from  the  payment  of 
all  other  privilege  and   license  taxes   in   the   State. 

§  227.  Any  person,  firm,  association  or  corporation 
who  may  construct  or  operate  any  public  utility  along 
or  across  the  public  streets  of  any  city,  town  or  village, 
under    any    privilege    or    franchise    permitting    such    con- 


n 


struction  or  operation,  shall  be  liable  to  abutting  pro- 
prietors for  the  actual  damage  done  to  the  abutting 
property  on  account  of  such  construction  or  operation. 

§  28.  No  city  or  town,  having  a  population  of  more 
than  6,000,  shall  have  authority  to  grant  to  any  person, 
firm,  corporation  or  association  the  right  to  use  its 
streets,  avenues,  alleys  cr  public  places  for  the  con- 
struction or  operation  of  water  works,  gas  works,  tele- 
phone or  telegraph  line,  electric  light  or  power  plants, 
steam  or  other  heating  plants,  street  railroads  or  any 
other  public  utility,  except  railroads  ether  than  street 
railroads,   for   a  longer   period   than    30   years. 

§  229.  The  legislature  shall  pass  no  special  Act 
conferring  corporate  powers,  but  it  shall  pass  general 
laws,  under  which  corporations  may  be  organized  ard 
corporate  powers  obtained,  subject,  nevertheless,  to 
repeal  at  the  will  of  the  legislature,  and  shall  pass  gen- 
eral laws  under  which  charters  may  be  altered  (t 
amended.  The  legislature  shall,  by  general  law,  pro- 
vide for  the  i>ayment  to  the  State  of  Alabama  of  a  fran- 
chise tax  by  corporations  organized  under  the  laws  C'f 
this  State,  which  shall  be  in  proportion  to  the  amoui  t 
of  capital  stock;  but  strictly  benevolent,  educational  cr 
religious  corporations  shall  not  be  required  to  pay  sue  i 
a  tax.  The  charter  of  any  corporation  shall  be  subje(  t 
to  amendment,  alteration  or  repeal  under  general  laws. 

§    239.     Any   association   or   corporation   organized   for 
the   purpose,   or   any   individual,   shall  have    the   right   t ) 
construct  and   maintain   lines  of  telegraph   and   telephon  > 
within    this    State,    and    connect    the    same    with    othe  ■ 
lines;    and   the   legislature   shall,   by   general   law   of   un  - 
form    operation,    provide    reasonable    regulations    to    giv  ■ 
full    effect    to    this    section.      No    telegraph    or    telephon ; 
company  shall  consolidate  with   or   hold   a  controlling  ir 
terest   in   the   stock   or   bonds   of   any   other   telegraph  o  ■ 
telephone  company  owning  a  complete  line,  or  acquire,  b; 
purchase  or  otherwise,  any  other  competing  line  of  telt 
graph   or  telephone. 

§  241.  The  term  "corporation,"  as  used  in  this  artlcU 
shall  be  construed  to  include  all  joint  stock  companies 
and  all  associations  having  any  of  the  powers  or  privi 
leges  of  corporations,  not  possessed  by  individuals 
partnerships. 

RAILROADS    AND    CANALS. 

§  242.  All  railroads  and  canals  not  constructed  an< 
used  exclusively  for  private  purposes  shall  be  publi< 
highways,  and  all  railroad  and  canal  companies  shal 
be  common  carriers.  Any  association  or  corporatioi 
organized  for  the  purpose  shall  have  the  right ,  to  con 
struct  and  operate  a  railway  between  any  points  in  thii 
State,  and  connect  at  the  State  line  with  railroads  o 
other  States.  Every  railroad  company  shall  have  th( 
right  with  its  road  to  intersect,  connect  with,  or  crcsi 
any  other  railroad,  and  each  sh^ll  receive  and  transpor 
the  freight,  passengers  and  cars,  loaded  or  empty,  o 
the  others,   without  delay   or  discrimination. 

§  243.  The  power  and  authority  of  regulating  rail 
road  freight  and  passenger  tariffs,  the  location  and  build 
ing  of  passenger  and  freight  depots,  correcting  abuses 
preventing  unjust  discrimination  and  extortion  and  re 
quiring  reasonable  and  just  rates  of  freight  and  pas 
senger  tariffs  are  hereby  conferred  upon  the  legislature 
whose  duty  it  shall  be  to  pass  laws,  from  time  to  time 
regulating  freight  and  passenger  tariffs,  to  prohibit  un 
just  discrimination  on  the  various  railroads,  canals  anc 
rivers  of  the  State,  and  to  prohibit  the  charging  of  othei 
than  just  and  reasonable  rates  and  enforce  the  same  bj 
adequate  penalties. 

§  244.  No  railroad  or  other  transportation  company 
or  corporation  shall  grant  free  passes  or  sell  tickets  ot- 
passes  at  a  discount,  other  than  as  sold  to  the  public 
generally,  to  any  member  of  the  legislature  or  to  any 
officer  exercising  judicial  functions  under  the  laws  of 
this  State;  and  any  such  member  or  officer  receiving 
such  a  pass  or  ticket  for  himself,  or  procuring  the  same 
for  another,  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  not  exceeding  |500,  and  at  the 
discretion    of   the    court   trying   the    case,    in    addition    to 


■'ll 


Public  Service  Laws 


367 


such  fine,  may  be  imprisoned  for  a  term  not  exceeding 
six  months,  and,  upon  conviction,  shall  be  subject  to  im- 
peachment and  removal  from  office.  The  courts  having 
jurisdiction  shall  give  this  law  specially  in  charge  to 
the  grand  juries  and,  when  the  evidence  is  sufficient  to 
authorize  an  indictment,  the  grand  jury  must  present  a 
true  bill.  The  Circuit  Court  or  any  court  of  like  juris- 
diction in  any  county  into  or  through  which  such  mem- 
ber or  officer  is  transported  by  the  use  of  such  pro- 
hibited pass  or  ticket  shall  haVe  jurisdiction  of  the 
case,  provided  cnly  one  prosecution-  shall  be  had  for  the 
same  offense;  and  provided,  further,  that  the  trial  and 
judgment  for  one  offense  shall  not  bar  a  prosecution  for 
another  offense,  when  the  same  pass  or  ticket  is  used; 
and  provided,  further,  that  nothing  herein  shall  prevent 
a  member  of  the  legislature,  who  is  a  bcna  fide  employe 
of  a  railroad  or  other  transportation  company  or  cor- 
poration, at  the  time  of  his  election,  from  accepting  or 
procuring  for  himself  or  another,  not  a  member  of  the 
legislature,  or  officer  exercising  judicial  functions,  a  free 
pass  over  the  railroads  or  other  transportation  company 
or  corporation  by  which  he  is  employed. 

§  245.  No  railroad  company  shall  give  or  pay  any  re- 
bate, or  a  bonus  in  the  nature  thereof,  directly  or  in- 
directly, or  do  any  act  to  mislead  or  deceive  the  public 
as  to  the  real  rates  charged  or  received  for  freights  or 
passage;  and  any  such  payments  shall  be  illegal  and 
void,  and  these  i>rohlbitions  shall  be  enforced  by  suitable 
penalties. 

§  246.  No  railroad,  canal  or  transportation  company, 
in  existence  at  the  time  of  the  ratification  of  this  con- 
stitution, shall  have  the  benefit  of  any  future  legislation, 
by  general  or  special  laws,  ether  than  in  execution  of  a 
trust  created  by  law  or  i^ontract,  except  on  the  condition 
of  complete  acceptance  of  all  the  provisions  of  this 
article. 

STATUTE  LAW. 

Note. — The  statute  law  of  Alabama  was  codified  in 
1907,  the  railroad  commission  Act  of  February  23,  1907, 
forming  §§  5632  to  5725,  both  inclusive  of  the  civil  code 
of  Alabama.  Thereafter,  in  the  fall  of  1907,  the  legis- 
lature in  special  session  enacted  more  than  twenty-five 
statutes  affecting  railroads  and  Cv^mmon  carriers  and 
repealed  or  amended  many  sections  c^f  the  code  relating 
to  the  railroad  commission.  Further  amendments  were 
made   in   1909   and   1911   as   indicated   below. 

THE    BA1I.R0.\D     COMMISSION. 

II.    Alabama  Code  1901,  and  amendments  to  date. 

Railroad  commission  established.  ^  5632.  A'  commission 
to  be  known  as  the  railroad  commission  of  Alabama,  con- 
sisting of  a  president  and  two  associates,  who  shall  be 
competent  persons  and  qualified  electors  of  this  State,  is 
established. 

Railroad  commissioners,  terms  of  office  and  election. 
§  5633.  The  terms  of  office  of  the  commissioners  shall 
be  for  four  years;  at  the  election  to  be  held  in  the 
State  on  the  first  Tuesday  after  the  first  Jlonday  in 
November,  1908,  and  every  four  years  thereafter,  a 
president  of  said  commission  shall  be  elected  by  the 
qualified  electors  of  this  State,  and  the  election  to  be 
held  in  the  State  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1910,  and  every  four  years  there- 
after, two  associates  who,  with  a  president,  shall  con- 
stitute said  commission,  shall  be  elected  by  the  qualified 
electors  of  the  State.  The  result  of  such  election  shall 
be  ascertained  and  declared  by  the  same  authority  and 
in  the  same  manner  as  are  the  results  of  election  for 
chief  justice  and  associate  justices  of  the  Supreme  Court. 

Beginning  and  termination  of  terms  of  office.  §  5634. 
The  persons  elected  to  fill  said  offices  shall  enter  upon 
the  discharge  of  their  respective  duties  on  the  first 
Monday  after  the  second  Tuesday  in  January  after  their 
election,  and  shall  continue  in  office  until  their  suc- 
cessors are  elected  and  qualified. 

Vacancies  in  office,  how  filled.  §  5635.  If  any  vacancy 
should  occur  in  either  of  said  offices,  caused  by  death, 
resignation  or  otherwise,  the  same  shall  be  filled  by 
appointment  by  the  governor,  the  appointee  holding  for 
the  balance  of  the  unexpired  term.  If  any  person  elected 
to  the  office  of  railroad  commissioner  shall  fail  or  refuse 
for  ?0  days  to  quality,  such  failure  or  refusal  shall  be 
held   to   create   a   vacancy   in   the   office,   which    vacancy 


shall  be  filled  by  appointment  by  the  governor,  the 
appointee  to  hold  for  the  term  for  which  the  person  so 
failing  or   refusing   to    qualify   was   elected. 

Two  commissioners  from  same  district  prohibited.  §  5636. 
No  two  of  said  railroad  commissioners  shall  be  elected 
or  appointed  from  the  same  congressional  district. 

Name  of  commission,  oath  of  office,  seal  of  office.  §  5637. 
The  commission  shal  be  known  as  "Railroad  Commission 
of  Alabama,"  and  the  members  thereof  shall  be  State 
officers,  and,  before  entering  upon  the  discharge  of  their 
duties,  they  shall  take  the  oath  of  office  prescribed  for 
other  State  officers.  The  commission  shall  have  a  seal 
with  the  words  "Railroad  Commission  of  Alabama,"  with 
such   emblem   as   the   commission  may  prescribe. 

Person  ineligihle  to  office  of  commissioner.  §  5638.  No 
person  owning  any  stock  in  any  railroad  corporation  or 
in  the  employment  of  any  railroad  corporation  or  of  any 
person,  firm,  company  or  association  owning  or  operat- 
ing a  railroad  in  this  State  shall  be  eligible  to  the  office 
of   railroad   commissioner. 

Impeachment  and  removal  of  commissioners  from  office. 
§  5639.  The  commissioners  may  be  impeached  and  re- 
moved from  office  by  the  Supreme  Court  for  the  same 
causes  and  in  the  same  manner  as  other  State  officers, 
and  any  commissioner  who  shall  accept  any  gift,  gratuity, 
emolument  or  employment  from  any  person,  firm,  cor- 
poration, company  or  association,  owning  or  operating  a 
railroad  in  whole  or  in  part  in  this  State,  during  his 
continuance  in  office,  accept  a  permit  for  himself,  or 
any  employe  of  the  commission,  to  pass  over  the  rail- 
road of  such  person,  corporation,  company  or  associa- 
tion, or  official  business,  shall  forfeit  his  office  and  may 
be  impeached  and  removed  frcm  office  therefor,  or  for 
any  other  cause  of  impeachment. 

Salary  of  commissioners.  §5640  (as  amended  1907). 
The  president  of  such  commission  shall  receive  a  salary 
of  $3,500  per  annum,  and  the  associate  commissioners 
shall  receive  a  salary  of  $3,000  per  annum,  and  they 
may  require  of  them;  provided,  that  the  amount  ex- 
ceeding $2,400  per  annum,  and  a  stenographer  at  a  salary 
not  exceeding  $1,200  per  annum,  and  may  employ  such 
experts  as  may  be  necessary  to  perform  any  service  it 
may  require  of  them  ;  provided,  that  the  amount  ex- 
pended for  such  experts  shall  not  exceed  $5,000  in  any 
one  year;  such  salaries  to  be  paid  as  the  salaries  of 
other  State  officials  are  paid.  All  moneys  paid  out  under 
the  provisions  of  this  section,  including  such  sums  as 
may  be  necessary  to  procure  office  furniture  and  sta- 
tionery, and  to  pay  other  office  expenses,  shall  be  paid 
on  warrants  drawn  by  the  auditor  on  the  treasurer,  but 
such  office  expenses  shall  not  exceed  $1,000  per  annum. 

Clerks,  stenographers,  experts,  etc.,  employed  by  com- 
missioners, salary  and  expenses  of.  §  5641  superseded  dy 
§  5640,  as  amended,  supra. 

Office  at  capital,  sessions,  meetings,  when  and  where 
held,  record  of  meeting.  §  5642.  Such  commissioner  shall 
have  an  office  at  the  capitol,  and  there  meet  on  the  first 
Monday  of  every  month  and  shall  remain  in  session  until 
all  business  before  them  is  disposed  of;  and  they  shall 
hold  other  sessions  at  such  times  and  places  as  may  be 
necessary  for  the  proper  discharge  of  their  duty,  or  as 
the  convenience  of  parties  in  the  judgment  of  the  com- 
mission may  require;  and  they  shall  keep  a  record  of 
all  their  proceedings,  which  shall  be  open  at  all  times 
to  the   inspecticn  of  the   public. 

Rules,  adoption  of.  §  5643.  The  commission  may  adopt 
and  publish  rules  to  govern  its  proceedings,  and  to  regu- 
late the  mode  and  manner  of  all  investigations  and 
hearings  before  it,  provided  all  hearings  shall  be  open 
to  the  public. 

Commission  shall  visit  every  county  and  institute  pro- 
ceedings. §  5644.  The  commission,  or  one  or  more  mem- 
bers thereof,  shall  visit  the  county  seat  of  every  county 
in  the  State  .at  least  once  a  year,  for  the  purpose  of 
hearing  and  receiving  complaints,  and  examining  and 
inquiring  into  and  securing  information  as  to  the  con- 
duct and  management  of  the  several  railroads  in  the 
State,  connections  with  other  railroads,  and  accommo- 
dations of  passengers,  delays  and  inconveniences,  by 
reason  of  improper  connection,  the  provision  as  to  de- 
pots, switch  tracks,  sidings,  passenger  stations  and 
accommodations  required  by  law.  Notice  shall  be  given 
of  the   time   when  such  visits   will  be  made  by   circular 


268 


National  Associatiok'  of  Eailway  Commissioners 


letters  to  the  several  county  officers  for  at  least  two 
weeks  before  such  visit,  and  also  by  publication  in  a 
newspaper  when  the  commission  shall  so  order.  It  shall 
be  the  duty  of  the  commission  to  institute  or  direct  the 
institution  of  any  and  all  proceedings,  or  suits  necessary 
for  the  correction  and  punishment  of  all  violations  of 
the  law,  or  any  of  the  rules  or  regulations  of  the  com- 
mission which  shall  come  to  their  knowledge  without 
waiting   for   complaint  thereof   by    a   citizen. 

Reports  to  governor.  §  5645.  On  or  before  the  tenth  of 
October  of  each  year,  the  railroad  commission,  through 
the  president  thereof,  shall  make  to  the  governor,  for 
transmission  to  the  legislature,  a  report  of  their  acts 
and  doings  for  the  year  ending  on  the  thirtieth  day  of 
June,  next  preceding,  setting  forth  such  facts  as  will 
disclose  the  actual  workings  of  the  transportation  system 
of  this  State,  and  making  such  suggestions  as  to  them 
may  seem  appropriate,  and  for  the  best  interests  of  the 
State.  Such  reports  may  be  made  public  immediately 
upon  the  filing  with  the  governor. 

Commissioners  shall  not  render  service  to  transporta- 
tion companies.  §  5646.  No  railroad  commissioner  or  clerk 
of  the  commission  shall,  during  his  continuance  in  office, 
personally,  or  through  any  partner,  or  agent,  render  any 
professional  service,  or  make  or  perform  any  business 
contracts  for  or  with  any  corporation,  firm,  company,  or 
association,  or  person  owning  or  operating  a  railroad  in 
this  State,  except  contracts  made  in  the  capacity  of 
such  corporation,  firm,  company  or  association,  or  per- 
son as   common   carriers. 

"Transportation  company"  defined.  §  5647.  The  term 
"transportation  company,"  as  used  herein  shall  mean 
and  embrace  all  corporations,  companies,  individuals, 
associations  of  individuals,  their  lessees,  trustees,  or 
receivers,  that  now,  or  may  hereafter  own,  operate,  man- 
age, control,  as  common  carriers,  any  railroad,  or  part  of 
a  railroad,  in  this  State,  or  any  cars,  or  other  equipments, 
used  thereon,  or  bridges,  terminals,  or  sidetracks  used  in 
connection  therewith,  whether  owned  by  such  railroad,  or 
otherwise.  The  term  "transportation  company,"  as  used 
herein  shall  also  mean  and  embrace  express  companies, 
car  companies,  sleeping  car  companies,  steamboat  or 
steam  packet  companies,  and  all  corporations,  individuals, 
or  association  of  individuals,  their  lessees,  trustees,  or 
receivers,  that  now  or  may  hereafter  own,  operate,  or 
control  any  railroad  depot  or  terminal  station,  over  all 
of  which  the  commission  shall  have  the  power  of  super- 
vision and  control,  and  also  all  telegraph  and  telephone 
lines  operating  in  more  than  one  city  or  town. 

Extent  of  operation  and  application  of  chapter.  §  5648. 
The  provisions  of  this  chapter  shall  apply  to  the  trans- 
portation of  passengers  and  property  between  points 
within  this  State,  and  to  the  receiving,  switching,  de- 
livering, storing,  and  hauling  of  such  property,  and  to  all 
charges  connected  therewith,  and  such  apply  to  all  rail- 
road corporations,  express  companies,  car  companies, 
sleeping  car  companies,  freight  and  freight  line  com- 
panies, steamboat  or  steam  packet  companies,  terminal 
companies,  or  individuals,  who  now  or  hereafter  may 
own,  operate,  or  control  any  railroad  depot  or  terminal 
station,  and  to  all  associations  of  persons,  whether  in- 
corporated or  otherwise,  that  shall  do  business  as  com- 
mon carriers  upon  or  over  any  line  of  railroad  in 
whole  or  in  part  within  this  State,  upon  or  over  any  navi- 
gable stream  in  whole  or  in  part  within  the  State,  or 
partly  by  rail  and  partly  by  water;  but  nothing  in  this 
article  shall  be  construed  as  a  regulation  of  or  interfer- 
ence with  interstate  commerce. 

Street  cars,  logging  roads,  etc.,  excepted.  §  5649.  This 
chapter  shall  not  apply  to  street  and  electric  railroads 
engaged  solely  in  the  transportation  of  passengers  within 
the  limits  of  any  one  city,  nor  to  logging,  or  private 
railroads,   not  doing   business  as   common  carriers. 

Adequate  service  and  facilities  required  of  transporta- 
tion companies,  §  5650.  Every  transportation  company 
shall  furnish  reasonably  adequate  service  and  facilities, 
and  the  charges  made  for  any  service  rendered,  or  to  be 
rendered.  In  the  transportation  of  passengers,  or  property, 
or  for  any  service  in  connection  therewith,  or  for  the 
receiving,  switching,  delivering,  storing  or  handling  of 
such  property,  shall  be  reasonable  and  just. 

Commission  charged  with  duty  of  regulating  and  con- 
trolling  transportation  companies.     §  5651.     The  railroad 


commission  of  Alabama  is  charged  with  the  duty  of  super- 
vising, regulating,  and  controlling  all  transportation  com- 
panies doing  business  in  this  State,  in  all  matters  relating 
to  the  performance  of  their  public  duties,  and  their 
charges  therefor,  and  of  correcting  abuses  therein  by 
such  companies  and  the  commissioners  shall  from  time 
to  time  prescribe  and  enforce  against  said  transpor- 
tation companies,  in  the  manner  herein  authorized,  such 
rates,  charges,  classifications  of  freight,  storage,  demur- 
rage, and  car  service  charges,  rules  and  regulations,  and 
shall  require  them  to  establish  and  maintain  all  such 
public  service,  facilities  and  conveniences  as  may  be 
reasonable  and  just,  which  said  rates,  charges,  classifi- 
cations, rules,  regulations  and  requirements  the  com- 
mission, may,  from  time  to  time,  alter  or  amend;  pro- 
vided, that  where  the  rates  or  charges  for  transportation 
of  any  articles,  or  property,  or  the  classification  of 
freight  have  been  fixed  or  prescribed  by  statute,  the 
commission  shall  not  have  power  to  increase  such  rates 
or  charges,  or  charge  such  classification  of  freight 
have  been  fixed  or  prescribed  by  statute,  the  commissioi 
shall  not  have  power  to  Increase  such  rates  or  charges;, 
or  change  such  classification  in  such  manner  as  to  ir- 
crease  such  rates  or  charges.  All  rates,  charges,  class - 
fications,  rules  and  regulations  adopted  or  acted  upon 
by  any  transportation  company  inconsistent  with  thos! 
prescribed  by  the  commission  acting  within  the  scopo 
of  its  authority,  or  inconsistent  with  those  prescribeil 
by  any  statute,  shall  be  unlawful  and  void.  And  tho 
commission  shall  enforce  and  require  compliance  with  all 
the  provisions  of  all  laws  now  in  force  or  hereafte  • 
enacted  regulating  railroads  and  other  transportation 
companies  or  prescribing  the  duties  thereof. 

Tariffs,  rates,  depots,  regulated  by  commission.  §  5652 
The  railroad  commission,  subject  at  all  times,  to  th( 
control  of  the  legislature,  may  regulate  railroads,  frelgh 
and  passenger  tariffs,  the  locating  and  building  of  pas 
senger  and  freight  depots,  correct  abuses,  prevent  un 
just  discrimination  and  extortion,  and  require  reasonabli 
and  unjust  rates  ot  freight  and  passenger  tariffs. 

Fencing  railroads.  §  5653.  When  such  commissioner! 
deem  It  necessary  that  any  railroad  in  this  State,  or  an: 
portion  thereof,  should  be  fenced,  they  shall  notify  thi 
person,  or  corporation  operating  such  railroad,  of  thei: 
conclusion. 

Injury  to  stock.  §  5654.  Upon  failure,  after  a  reason 
able  notice,  to  fence  such  railroad  or  the  portion  thereo 
designated,  the  person  or  corporation  operating  sucl 
railroad  shall  be  liable  in  damages  for  the  value  ot  anj 
stock  killed  or  injured  upon  the  portion  of  the  line  6( 
designated  to  be  fenced,  whether  with  or  without  negli 
gence;  but  if  the  fence  is  erected  in  conformity  to  the 
notice,  no  liability  shall  attach  for  stock  killed  or  Injurec 
upon  the  portion  ot  the  line  so  fenced,  unless  the  killin; 
or   injury   was   committed   wilfully. 

Commissioners  attend  '  board  of  assessment  of  taxes 
§  5655.  Such  commissioners,  on  notice  by  the  governor 
shall  attend  the  meetings  of  the  State  board  of  assess 
ment,  and  it  required,  give  such  board  all  informatioi 
they  can  that  will  assist  them  in  the  assessment  of  taxet 
against   persons   or   corporations   operating  railroads. 

Information  and  transportation  required  to  be  furnished 
§    5656.     The   commission    may   require   the   managemen 
of  the  business  ot  all  transportation  companies,  and  shal 
keep    itself    Informed    as    to    the    condition,    manner   anc 
method  in  which  the  same  are  conducted  with  referenc< 
to  the  security  and  accommodation  of  the  public  and  their 
compliance  with  their  charters  and  the  laws  ot  the  State 
They  may  obtain  from  any  such   company  full  and  com 
plete  information  necessary  to  enable  the  commission  to 
perform   its   duties   and   carry   out  the  objects  for   whlcl, 
it  was  created.     And  the  commissioners,  in  the  perform 
ance    of   their    duties,    may   pass    free    of   charge   on   all 
the  railroads  of  the  State,  and  take  with  them  free  o'. 
charge  any  person  in  their  official  employment. 

Change  of  classification  of  rates  and  railroads.  §  5657. 
The  railroad  commission  may  change  any  classification 
of  railroads  which  has  been  or  may  hereafter  be  estab- 
lished by  statute,  from  time  to  time  as  changed  condi- 
tions may,  in  its  judgment,  render  it  expedient  so  to 
do,  by  taking  a  railroad  from  one  class  and  placing  It 
In  another,  and  to  assign  to  any  class  it  may  determine 
proper    any    new    railroad    that    may    hereafter    be    con- 


Public  Service  Laws 


269 


structed  or  operated  as  a  common  carrier,  in  whole  or 
in  part,  in  this  State  and  said  commission  may  change 
any  classification  of  articles  which  has  been  or  may 
hereafter  be  established  by  statute  when,  in  its  judg- 
ment, it  is  reasonable  and  just  to  do  so;  but  such  change 
shall  not  increase  any  rate  prescribed  or  fixed  by  statute 
for  the  transportation  o£  such  articles  or  classes  of  art- 
icles. 

Change  of  rates  denied.  §  5658.  Nothing  in  this  chapter 
shall  be  so  construed  as  to  authorize  or  empower  the  rail- 
road commission  to  increase  any  ra^e  or  rates  which  have 
been  or  shall  be  established  by  statijte  for  the  transporta- 
tion of  freight  or  passengers,  and  said  commission  shall 
not  have  power  to  increase  such  rate  or  rates. 

Enforcement  of  rates.  §  5659.  In  all  cases  in  which  the 
rate  or  rates  for  the  transportation  of  freight  or  passengers 
has  been  or  shall  be  established  by  statute,  the  railroad 
commission  shall  enforce  such  rates  and  shall  use  all 
the  powers  granted  to  it  by  law  to  prevent  and  punish 
any  violation  of  the  statutes  establishing  such  rates. 

[Note. — Section  5659  was  repealed  by  Act  approved  No- 
vember 23,  1907  (extraordinary  session  of  legislature), 
entitled  "An  Act  to  exclude  railroad  commissioners,  at- 
torney-general, etc.,  from  enforcing  rates,  fares,  charges, 
etc."  which  repealing  Act  was  itself  subsequently  re- 
pealed by  Act  approved  August  19,  1909.] 

Blanks  to  be  furnished  transportation  companies  by 
commission.  §  5660.  The  commission  shall  cause  to  be 
prepared  suitable  blanks  for  the  purposes  designated  In 
this  chapter,  and  shall,  when  necessary,  furnish  such 
blanks  to  each  transportation  company.  Any  such  trans- 
portation company  receiving  from  the  commission  any 
such  blanks  shall  cause  the  same  to  be  properly  filled  out, 
so  as  to  answer  fully  and  correctly  any  question  therein 
propounded,  and  in  case  it  fails  to  answer  any  question, 
it  shall  state  in  said  blank  a  good  and  sufficient  reason 
for  such  failure  and  said  answer  shall  be  verified  under 
oath  by  the  proper  officers  of  said  transportation  com- 
pany, and  returned  to  the  commission  at  its  office  within 
the  time  fixed  by  the  commission. 

Inspection  of  books  and  papers  of  transportation  com- 
panies, and  examination  of  its  officers,  etc.  §  5661.  The 
commissioners  or  any  commissioner,  or  any  person  or 
persons  employed  by  the  commission  for  that  purpose 
shall  upon  demand,  have  the  right  to  inspect  the  books 
and  papers  of  any  transportation  company,  and  to  ex- 
amine under  oath  any  officer,  agent,  or  employe  of  such 
transportation  company  in  relation  to  its  business  and 
affairs;  provided,  that  any  person  other  than  one  of  the 
commissioners  who  shall  make  such  demand,  shall  pro- 
duce his  authority  to  make  such.  Inspection  under  the 
hand  of  the  commissioner,  or  of  the  secretary,  and  under 
the    seal    of    said    commission. 

Annual  returns  or  reports  of  business  of  transportation 
companies.  §  5662.  Every  transportation  company  doing 
business  in  this  State  must,  on  or  before  the  first  day  of 
September  of  each  year,  make  to  the  commission  in 
duplicate  in  the  manner  prescribed,  and  upon  blanks  to 
be  furnished  by  said  commission,  annual  returns  of  the 
business  of  such  transportation  company,  up  to  the  close 
of  its  business  on  the  thirtieth  day  of  June  next  pre- 
ceding, and  any  such  transportation  company  failing  to 
make  such  returns  shall  forfeit  to  the  State  $50  for  each 
day  of  such  failure. 

Production  of  books  and  papers  or  certified  copies 
thereof  provided  for — Penalty  for  failure  to  comply.  §  5663. 
The  commission  may  require  by  order  or  subpoena,  to 
be  served  on  any  transportation  company  in  the  same 
manner  that  a  summons  is  served  in  a  civil  action  in 
the  Circuit  Court,  the  production  within  this  State,  at 
such  time  and  place  as  it  may  designate,  of  any  books, 
papers,  or  accounts  kept  by  such  transportation  company 
in  any  office  or  place  without  or  within  the  State  of 
Alabama,  or  verified  copies  in  lieu  thereof,  if  the  com- 
mission shall  so  order,  in  order  that  an  examination 
thereof  may  be  made  by  the  commission  or  under  Its 
direction.  Any  transportation  company  failing  or  re- 
fusing to  comply  with  any  such  order  or  subpoena  shall, 
for  each  day  It  shall  so  fall,  or  refuse,  forfeit  to  the 
State  a  sum  not  less  than  $100,  nor  more  than  $1,090, 
which  may  be  recovered  by  the  State. 

Copies  of  leases,  contracts,  etc.,  furnished  commission 
by  railroads.  §  5664.  The  managers  of  railroads  operated 
in  this  State  shall  furnish  such  commissioners  with  all 


information  required  by  them  relative  to  the  management 
of  their  respective  lines,  and  with  copies  of  all  leases, 
contracts  and  agreements  made  by  them  with  express, 
sleeping  car,  or  other  companies  to  which  they  are 
parties,  or  affecting  such  lines,  "and  such  commissioners, 
shall  have  at  all  times,  access  to  the  list  of  stockholders 
of  every  corporation,  operating  a  railroad  in  this  State, 
and  they  may,  at  any  time  cause  the  same  to  be  copied, 
or  any  part  thereof,  for  their  own  information,  or  for  the 
information  of  persons  owning  stock  in  such  corporation. 

Examination  as  to  financial  condition  of  railroads. 
§  5665.  Upon  the  application  in  writing  of  a  director, 
or  of  persons  owning  one-fiftieth  part  of  the  entire  paid- 
in  capital  stock  of  any  corporation  operating  a  railroad, 
or  of  the  bonds  or  other  evidences  of  indebtedness  of 
such  corporation,  equal  in  amount  to  one-fiftieth  part  of 
its  capital  stock,  the  commissioners  shall  make  an  ex- 
amination into  tlie  books  and  financial  condition  of  such 
corporation,  and  may,  in  their  discretion,  cause  the  result 
of  their  examination  to  be  published  in  one  or  more  news- 
papers  in   this   State. 

Report  of  accidents  required.  §  5666.  Every  person, 
corporation,  company,  or  association,  operating  a  rail- 
road shall  give  notice  to  the  commission  of  every  ac- 
cident happening  on  any  portion  of  Its  line  in  this 
State,  which  is  attended  with  death  or  maiming  or 
other  serious  injury  to  the  person  of  any  one,  within 
five  days  thereafter,  giving  facts  and  circumstances 
of  such  accident,  which  any  one  or  more  of  the  com- 
•missioners  may  investigate,  and  the  result  of  such  in- 
jury, with  such  details  as  they  may  deem  necessary, 
shall  be  entered  upon  the  record  of  the  proceedings  of 
the  commission. 

Complaints  against  transportation  companies.  §  5667. 
Upon  complaint  of  any  person,  firm,  corporation,  or 
association,  or  of  any  mercantile,  agricultural,  or  manu- 
facturing society,  or  of  any  body  politic,  or  municipal 
organization,  that  any  of  the  rates,  fares,  charges  or 
classifications,  or  any  joint  rate  or  rates,  are  in  any  re- 
spect unreasonable,  or  unjustly  discriminating,  or  that 
any  regulation  or  practice  whatsoever,  affecting  the 
transportation  of  persons  or  property,  or  any  service  in 
connection  therewith,  are  in  any  respect  unreasonable 
or  unjustly  discriminatory,  or  that  any  regulation  or 
practice  whatsoever  affecting  the  transportation  of  per- 
sons or  property,  or  any  service  in  connection  therewith, 
are  in  any  respect  unreasonable  or  unjustly  discrimina- 
tory, or  that  any  service  is  inadequate,  the  commission 
may  notify  the  transportation  company  complained  of 
that  complaint  has  been  made,  and  10  days  after  such 
notice"  has  been  given  the  commission  may  proceed  to 
investigate  the  same  as  hereinafter  provided. 

Investigation  of  complaints,  notice  to  transportation 
company  of  hearing.  §  5668.  Before  proceeding  to  make 
such  investigation,  the  commission  shall  give  the  trans- 
portation company  and  the  complainant  10  days'  notice 
of  the 'time  and  place  when  and  where  such  matters  will 
be  considered  and  determined,  and  said  parties  shall  be 
entitled  to  be  heard,  through  themselves  or  their  counsel, 
and  shall  have  process  to  enforce  the  attendance  of  wit- 
nesses. 

Orders  or  decrees  on  hearing.  §  5669.  If,  upon  such 
investigation  the  rate  or  rates,  fares,  charges,  or  classi- 
fication or  any  joint  rate  or  rates,  or  any  regulation, 
practice,  or  service  complained  of  shall  be  found  to  be 
unreasonable,  or  unjustly  discriminatory,  or  the  service 
shall  be  found  to  be  inadequate,  the  commission  may 
fix  and  order  substituted  therefor,  such  rate  or  rates, 
fares,  charges  or  classifications  as  it  shall  have  deter- 
mined to  be  just  and  reasonable,  and  which  shall  be 
charged,  imposed,  and  followed  in  the  future,  and  may 
make  such  orders  respecting  such  regulation,  practice, 
or  service  as  it  shall  determine  to  be  reasonable,  and 
which  shall  be  observed  and  followed  in  the  future. 

Separate  hearing  provided  for.  §  5670.  The  commission 
may,  when  complaint  is  made  of  more  than  one  rate  or 
charge,  order  separate  hearings  thereon  and  may  con- 
sider and  determine  the  several  matters  complained  of 
separately  and  at  such  time  as  it  may  prescribe.  No 
complaint  shall  at  any  time  be  dismissed  because  of  the 
absence  of  direct  damage  to  the  complainant. 

Ex  mero  motu  hearings  and  investigations  by  commis- 
sion. §  5671.  Whenever  the  commission  may  believe  that 
any   rate   or   charge    may   be    unreasonable,    or   unjustly 


270 


National  Association  of  Eailway  Commissioners 


discriminatory,  or  that  any  service  is  inadequate,  and 
tliat  an  investigation  relating  thereto  should  be  made, 
It  may  on  its  own  motion  investigate  the  same.  If, 
after  malting  such  investigation,  the  commission  becomes 
satisfied  that  sufficient  grounds  exist  to  warrant  a  hear- 
ing to  determine  whether  the  rate  or  charge  so  investi- 
gated is  unreasonable  or  unjustly  discriminatory,  or 
whether  the  service  investigated  is  inadequate,  it  shall 
furnish  the  transportation  company  or  companies  in- 
terested a  statement  setting  forth  the  rate,  charge  or 
service  investigated,  which  said  statement  shall  be  ac- 
companied by  a  notice  fixing  the  time  and  place  for 
hearing  on  such  rate,  charge  or  service,  as  the  case 
may  be.  Notice  may  also  be  given  to  other  parties  in 
Interest,  and  shall  be  given  at  least  10  days  in  advance 
of  any  hearing,  and  thereafter  proceedings  shall  be  had 
and  conducted  in  reference  to  the  matter  investigated 
pursuant  to  the  provisions  of  §§  5667  and  5668  of  this 
chapter.  This  shall  be  constructed  to  permit  any  trans- 
jKjrtation  company  to  make  a  complaint  with  like  effect, 
as  though  made  by  any  person,  firm,  corporation,  or 
association,  mercantile,  agricultural  or  manufacturing 
society,   body    politic   or   municipal   organization. 

Judicial  powers  of  commissioners  to  enforce  provisions 
of  chapter.  §  5672.  Each  of  the  commissioners,  for  the 
purposes  mentioned  in  this  chapter  and  in  all  hearings 
before  it,  may  administer  oaths,  certify  to  official  acts, 
issue  subpoenas,  compel  the  attendance  of  witnesses  and 
the  production  of  papers,  waybills,  books,  accounts,  docu- 
ments and   stationery. 

Courts  may  compel  compliq,nce  icith  orders  of  commis- 
sion and  punish  failure.  §  5673.  In  case  of  failure  or 
refusal  on  the  part  of  any  person  or  persons  to  comply 
with  any  order  of  the  commission  or  any  commission- 
ers, or  any  subpoena,  or  on  the  refusal  of  any  witness  to 
testify  to  any  matter  regarding  which  he  may  be  lawfully 
Interrogated,  any  Circuit  Court  or  City  Court  in  this 
State,  or  any  judge  thereof,  on  application  of  a  com- 
missioner, shall  issue  an  attachment  for  such  person  or 
persons,  and  compel  them  to  comply  with  said  order, 
or  to  attend  before  the  commission  and  produce  said 
documents,  and  give  his  testimony  upon  such  matters  as 
may  be  lawfully  required,  and  the  court  or  judge  shall 
have  power  to  punish  for  contempt  as  in  cases  of  dis- 
obedience of  a  like  subpoena  issued  from  such  court,  or 
a  refusal  to  testify  therein. 

Witnesses  testifying  to  matters  incriminating  thetn. 
§  5674.  No  person  shall  be  excused  from  attending  and 
testifying  or  from  producing  books,  papers,  tariffs,  con- 
tracts, agreements  and  other  documents  before  the 
railroad  commission,  or  in  obedience  to  the  subpoena  of 
the  commission,  whether  such  subpoena  be  signed  or 
Issued  by  one  or  more  of  the  members  of  the  commis- 
sion in  any  Investigaticn  held  by  or  before  the  com- 
mission, or  in  any  cause  or  proceeding  in  any  court  by 
or  against  the  railroad  commission  provided  for  in  this 
section,  on  the  ground  or  for  the  reason  that  the  testi- 
mony or  evidence,  documentary  or  otherwise,  required 
of  him,  may  tend  to  criminate  him  or  subject  him  to  a 
penalty  or  forfeiture.  But  no  person  shall  be  prosecuted 
or  subjected  to  any  penalty  or  forfeiture  for  or  on  ac- 
count of  any  transaction,  matter  or  thiijg  concerning 
which  he  may  be  required  to  testify  or  produce  evidence, 
documentary  or  otherwise,  before  said  commission  or  in 
obedience  to  its  subpoena,  or  in  any  such  cause  or  pro- 
ceeding; provided,  that  no  person  so  testifying  shall  be 
exempted  from  prosecution  and  punishment  for  perjury 
committed  in   so  testifying. 

Fees  of  witnesses  in  such  cases.  §  5675.  Each  witness 
who  shal  appear  before  the  commission  by  its  order 
shall  receive  for  his  attendance  the  fees  and  mileage 
provided  for  witnesses  in  civil  cases  in  courts  of  record, 
which  shall  he  audited  and  paid  by  the  State  in  the 
same  manner  as  other  expenses  are  audited  and  paid, 
upon  the  presentation  of  proper  vouchers  sworn  to  by 
such  witness  and  approved  by  the  president  of  the 
commission;  provided,  that  no  witness  subpoenaed  at 
the  instance  of  parties  other  than  commissioners  shall 
be  entitled  to  compensation  from  the  State  for  attend- 
ance or  travel,  unless  the  commission  shall  certify  that 
his    testimony   was   material   to    the   matter   investigated, 


and  witnesses  summoned  on  behalf  of  the  transportatio) 
company  shall   be  paid  by  said  company. 

Depositions  of  witnesses,  how  taken.  §  5676.  The  con 
mission  may,  in  any  investigation,  cause  the  depositioi 
of  witnesses  residing  within  or  without  the  State  to  b 
taken  in  the  manner  prescribed  by  law  for  deposition 
in  civil  actions  in  Circuit  Courts,  said  deposition  t 
be  taken  on  a  commission  to  be  issued  by_  the  clerk  o 
the  railroad  commission,  made  returnable  to  the  railroai 
commission  of  Alabama. 

Record  and  transcript  of  evidence  and  proceedings  mad 
by  stenographer.  §  5677  (as  amended  by  Act  of  Noven 
ber  23,  1907  (extraordinary  session.)  A  full  and  complet 
record  of  all  proceedings  before  the  commission  on  an: 
investigation  had,  and  all  testimony  therein,  shall  h 
taken  down  by  a  stenographer  appointed  by  the  con 
mission.  A  copy  of  such  transcript  shall  be  furnished  o; 
demand  to  any  party  to  such  investigation  or  othe 
person,  upon  the  payment  of  the  cost  of  transcrib  n 
the   testimony,    not   exceeding   10   cents   per   folio. 

Reasonable  rates  fixed.  §  5678.  Whenever  upon  a 
investigation  made  under  the  provisions  of  this  chapte 
the  commission  shall  find  any  existing  rate  or  rates  o 
any  regulation  or  practice  whatsoever,  affecting  th 
transportation  of  persons  or  property,  or  any  service  i: 
connection  therewith,  unreasonable  or  unjustly  cif 
criminatory,  or  any  service  inadequate,  it  shall  so  det3i 
mine  and  by  order  fix  a  reasonable  rate,  fare,  char.;* 
classification  or  joint  rate  to  be  imposed,  observed  a  a 
followed  in  the  future  in  lieu  of  that  found  to  be  \i 
reasonable,  or  unjustly  discriminatory  or  inadequate,  a 
the  case  may  be,  and  it  shall  cause  a  certified  copy  o 
such  order  to  be  delivered  to  any  officer,  superintende  n 
or  station  agent  of  the  transportation  company  affect ; 
thereby,  which  order  shall,  of  its  own  accord,  take  eff(  c 
and  become  operative  20  days  after  the  service  there  >: 
All  transportation  companies  in  which  the  order  appli  3 
shall  make  such  changes  in  their  schedule  on  file  as  m  i. 
be  necessary  to  make  the  same  conform  to  said  ordi  i 
where  such  order  relates  to  rates,  fares,  charges  ) 
classification,  and  no  change  shall  thereafter  be  ma  1 
by  any  transportation  company  in  such  rates,  fan  i 
charges  or  classification,  or  joint  rate  or  rates,  or  in  t  i 
service  or  practice  so  ordered,  without  the  approval  : 
the  commission.  Certified  copies  of  all  other  orders  : 
the  commission  shal).  in  like  manner  be  delivered  : 
the  transportation  company  affected  thereby,  and  t  i 
same  shall  take  effect  within  such  time  thereafter  i 
the  commission  shall  prescribe. 

Rescission  or  alteration.  §  5679.  The  commission  mi ; 
at  any  time,  upon  notice  to  the  transportation  compar  j 
and  after  an  opportunity  to  be  heard  as  provided 
§§  5667  and  5668  of  this  code,  rescind,  alter  or  ame). 
any  order  made  by  the  commission  fixing  any  rate  i 
rates,  fares,  charges  or  classification,  or  any  other  ord ; 
made  by  the  commission,  and  certified  copies  of  t)i 
same  shall  be  served  and  take  effect  as  herein  providi- 
for  original  orders. 

Supplemental  orders  apportioning  joint  rates.  §56f( 
Whenever  the  rate  or  charge  ordered  substituted  1' 
the  comrnission  shall  be  a  joint  rate  or  charge,  and  tli 
transportation  company  or  companies  affected  therel' 
shall  fail  to  agree  upon  the  apportionment  thereof,  with 
20  days  after  the  service  of  such  order,  the  commissi<i 
may,  after  a  hearing,  issue  a  supplemental  order  de 
daring  the  apportionment  of  such  joint  rate  or  charge 
and  the  same  shall  take  effect  of  its  own  force  as  pat 
of  the  original  order. 

Refusal  of  transportation  companies  to  fix  joint  rates - 
Commission  may  apportion.  S  5681.  Whenever  any  trars 
portation  company  shall  refuse  or  neglect  to  establish 
joint  rate  or  rates  for  the  transportation  of  persons  o 
property,  the  commission  may,  upon  notice  to  such  trans 
portation  company  or  companies,  and  after  an  oppoi 
tunity  to  be  heard  as  provided  in  §§  5667  and  5668  of  thi 
code,  fix  and  establish  such  joint  rate  or  rates,  and  I 
the  transportation  companies,  parties  thereto,  shall  fal 
to  agree  upon  apportionment  thereof  within  20  day 
after  the  service  of  such  orders,  the  commission  maj 
upon  like  hearing,  issue  a  supplemental  order,  declarini 
the    apportionment   of   such   joint   rate   or   rates    and    th 


Public  Service  Laws 


271 


same   shall    take   effect   of   its   own   force    as    part   of   the 
original  order. 

Joinder  of  tico  or  more  in  one  proceeding.  §  5682.  In 
erases  relating  to  the  fixing,  regulating  or  prescribing  of 
joint  rates  of  two  or  more  transportation  companies,  such 
transportation  companies  may  be  joined  in  one  pro- 
ceeding before   the   commission. 

Rates  fixed,  prima  facie  reasonable.  §  5683.  [As 
amended  by  Act  of  Nov  23,  1907  (extraordinary  session).] 
All  rates,  fares,  charges  classific«ions  and  joint  rates 
and  orders  establishing  rules,  regulations,  practices,  or 
services  fixed  by  the  commission  shall  be  in  force,  and 
shall  be  deemed  prima  facie  reasonable  and  valid  in  any 
court  wherein  is  properly  drawn  in  question  the  reason- 
ableness or  validity  thereof,  and  the  burden  shall  be 
upon  the  party  attacking  said  rates  or  orders  to  show 
that  same   are  invalid   or  unfair  and  unreasonable. 

Action  by  transportation  companies  to  contest  rates. 
§  5684.  Any  transportation  company  or  companies,,  cor- 
poration, or  individual  owning  or  operating  as  a  common 
carrier  any  railroad,  in  whole  or  in  part  in  this  State, 
desiring  to  contest  the  validity  or  fairness  or  reasonable- 
ness of  any  rate  or  rates,  or  of  any  order  of  the  commis- 
sion fixing  or  relating  to  any  rate  or  rates  of  compensa- 
tion for  the  transportation  within  the  State,  of  articles 
or  passengers,  or  any  other  rates  or  charges  or  any 
order  relating  thereto,  or  any  order  fixing  any  regula- 
tions, practices,  or  services  or  acts  to  be  observed  or 
performed  by  such  companies,  corporations  or  persons, 
may  institute  an  action  to  contest  such  rate  or  rates  or 
such   order  or  orders. 

Pleading  and  practice  in  such  actions.  S  5685.  Such 
action,  if  instituted  in  a  State  Court,  shall  be  commenced 
by  filing  a  complaint  or  bill  or  petition  in  the  Circuit  or 
Chat  eery  Court  of  Jlontgomery  county,  or  other  court 
in  said  county  having  concurrent  jurisdiction  with  said 
Circuit  or  Chancery  Court,  making  the  railroad  commis- 
sion of  Alabama  defendant  therein,  and  alleging  wherein 
the  rate  or  rates  or  order  or  orders  complained  of  are 
invalid  or  unfair  or  unreasonable,  and  in  said  petition, 
bill,  or  complaint  the  validity,  fairness,  or  reasonable- 
ness of  the  respective  rates  or  any  number  of  articles  or 
classes  of  articles,  or  any  number  of  rates  for  the  trans- 
portation of  passengers,  or  any  number  of  orders  of  the 
commission,  fixing  any  such  regulations,  practices  or  serv- 
ices, may  be  contested;  but  an  order  fixing  such  regula- 
tions, practices,  or  services  and  an  order  fixing  rates 
for  such  transportation  of  freight  or  articles  shall  not 
be  contested  in  the  same  proceedings;  nor  shall  an  order 
fixing  rates  for  the  transportation  of  passengers  be  con- 
tested in  a  proceeding  to  contest  either  of  the  aforesaid 
orders.  A  copy  of  said  complaint,  bill,  or  petition  shall 
be  served  on  the  railroad  commission,  or  any  member 
thereof,  with  the  summons,  and  the  defendant  shall, 
plead,  answer,  or  demur  to  the  complaint,  bill  or  peti- 
tion within  30  days  after  service  thereof.  Said  cause 
shall  have  precedence  over  any  other  cause  pending  in 
said  court,  except  criminal  causes,  and  shall  be  tried 
under  the  same  rules  and  regulations  as  are  or  may 
be  prescribed  by  law  for  the  trial  of  other  civil  or 
chancery  suits  in  said  court,  except  as  may  otherwise 
be  provided  in  this  code,  and  except  that  the  rates  or 
orders  complained  of  shall  be  prima  facie  presumed  to 
be  valid,  fair  and  reasonable. 

Judgment  rendered  on  such  contest.  §  5686.  If  the 
court  shall  decide  that  the  rates  or  orders  complained 
of.  or  any  of  them,  are  invalid  or  unfair  or  unreasonable, 
it  shall  render  a  judgment  or  decree  annulling  or  sus- 
pending the  same.  The  rate  or  rates,  or  order  or  orders 
complained  of  shall  remain  in  force  and  be  observed 
as  the  established  rates  or  orders  for  the  period  of 
30  days  after  the  rendition  of  said  judgment  or  decree, 
which  period  shall  be  allowed  for  an  appeal  from  said 
judgment;  but,  if  before  the  expiration  of  said  30  days 
an  appeal  to  the  Supreme  Court  from  said  judgment  or 
decree  shall  be  sued  out  by  either  party,  said  rates  or 
orders  shall  remain  in  force  and  be  observed  until  the 
same  shall  be,  annulled  by  the  Supreme  Court  or  until 
the  same  shall  be  suspended  in  the  manner  provided 
in    §§    5689    and    5690. 

Appeal  to  Supreme  Court  hy  either  party.  §  5687.  Either 
party  may  appeal  to  the  Sui)reme  Court  of  Alabama  from 
the   judgment   or   decree   of   the   lower   court,   the   appeal 


to  be  taken  within  30  days  from  the  rendition  of  said 
judgment  or  decree,  under  the  same  rules  and  regula- 
tions as  are  or  may  be  provided  by  law  for  appeals  from 
said  court  except  as  herein  provided. 

I  Note. — See  also  Act  of  August  19,  1909,  as  to  appeals, 
below.] 

Commission  exempt  from  bond  or  security,  effect  of  such 
appeal.  §  5688.  If  the  railroad  commission  shall  appeal 
from  a  judgment  or  decree  annulling  or  suspending  any 
rates  or  orders  it  shall  not  be  required  to  give  any 
security  for  the  costs  of  said  appeal  or  any  bond  or 
undertaking  to  supersede  the  judgment  or  decree.  The 
appeal  of  the  railroad  commission  without  such  bond 
shall  have  the  effect  of  superseding  the  judgment  or 
decree  and  the  rate  or  rates,  order  or  orders,  complained 
of  or  annulled  or  suspended  by  the  judgment  or  decree, 
shall  be  and  remain  the  established  rates  or  orders  and 
shall  be  so  regarded  and  observed  ufltil  the  judgment  or 
decree  shall  be  .  affirmed  and  the  said  rates  or  orders 
annulled  or  suspended  by  the  Supreme  Court  except  as 
otherwise   provided. 

Rates  suspended  on  appeal  by  commission  if  required 
bond  be  gixien  by  appellee,  condition  of  such  bond.  §  5689. 
If  the  appellee  shall  desire  to  have  the  rate  or  rates 
for  the  transportation  of  freight  complained  of  or  order 
of  the  railroad  commission  fixing  such  rate  or  rates  for 
the  transportation  of  articles  or  classes  of  articles  sus- 
pended pending  said  appeal,  said  appellee  shall  file  with 
said  railroad  commission  a  good  and  sufficient  bond,  with 
two  sureties,  payable  to  the  State  of  Alabama,  in  the 
sum  of  $25,000,  where  the  railroad  of  appellee  within 
the  State  is  less  than  50  miles  in  length,  and  in  the 
sum  of  $50,000  where  the  railroad  is  50  miles  or  more 
in  length,  or  in  such  sum  as  the  railroad  commission 
may  fix  where  appellee  is  a  transportation  company, 
other  than  a  railroad  company  conditioned  to  make  and 
file  with  the  railroad  commission  a  sworn  statement 
every  three  months  pending  the  appeal,  showing  the  arti- 
cles of  freight  subject  to  the  rates  complained  of,  or 
annulled  or  suspended,  carried  over  its  road  during  the 
preceding  90  days,  together  with  the  names  of  the  ship- 
pers and  consignees,  the  dates  of  shipment,  the  points 
of  consignment  and  destination,  and  the  freights  charged 
and  received  thereon;  and  conditioned  to  file  an  addi- 
tional bond  of  like  amount  and  conditions  with  the  rail- 
road commission  whenever  the  difference  between  the 
aggregate  freight  charged  and  received  for  the  trans- 
portation of  the  articles  and  the  aggregate  freight 
which  it  would  have  been  entitled  to  charge  and  receive 
for  such  transportation  if  calculated  or  based  upon  the 
rates  complained  of  or  annulled  equals  or  exceeds  the 
penalty  or  amount  of  said  bond;  and  conditioned  further 
to  pay  to  the  State  of  Alabama,  in  the  event  of  the 
judgment  or  decree  annulling  or  suspending  Said  rates 
shall  be  reversed  by  the  Supreme  Court  or  be  reversed 
as  to  any  of  the  rates  annulled  or  suspended  by  the 
lower  court,  the  difference  between  the  aggregate  freight 
charged  and  received  for  the  transportation  of  those 
articles  the  rates  for  the  transportation  of  which  shall 
be,  by  such  judgment  of  reversal  by  the  Supreme  Court, 
affirmed  or  sustained  by  said  court  and  the  aggregate 
freights  which  the  appellee  would  have  been  entitled 
to  charge  and  receive  for  such  transportation  if  calcu- 
lated according  to  or  based  upon  the  rate  or  rates  com- 
plained of.  The  bond  shall  be  collected  by  suit  or  other- 
wise only  by  the  State  of  Alabama  by  direction  of  the 
governor.  Prom  the  time  the  bond  first  mentioned  shall 
be  filed  as  aforesaid  the  judgment  appealed  from  shall 
be  operative  and  the  rate  or  rates  annulled  by  said  judg- 
ment shall  be  suspended. 

Failure  to  give  additional  bond  or  make  required  state- 
ments suspends  judgment.  §  5690.  A  failure  to  file  with 
railroad  commission  any  of  the  sworn  statements  in  the 
preceding  section  provided  for  within  20  days  after  the 
same  shall  have  been  demanded  in  writing  by  the  rail- 
road commission,  or  a  failure  to  give  any  additional  bond 
in  the  preceding  section  provided  for  within  15  days  after 
the  same  shall  have  been  demanded  in  writing  by  the 
commission,  shall  eo  instanti  again  suspend  the  judg- 
ment or  decree  appealed  from  and  the  rate  or  rates  an- 
nulled or  suspended  by  the  judgment  or  decree  shall  be 
restored  and  enforced  until  the  same  shall  be  annulled 
by  the  Supreme  Court. 


272 


National  Association  of  Eailway  Commissioners 


Notice  or  demands  for  statements,  how  given.  §  5691. 
The  notice  or  demands  for  the  statements  or  bonds  above 
provided  for  may  be  given  by  registered  letter  addressed 
to  any  superintendent  or  managing  agent  or  officer  of 
appellee  in  this  State  or  without  the  State. 

Appeal  git>en  precedence  and  advanced  on  docket.  §  5692 
Any  appeal  provided  for  in  this  chapter  shall  have 
precedence  over  any  other  cause  in  the  Supreme  Court, 
and  shall  be  advanced  on  the  docket  upon  the  application 
of  either  party,  so  that  the  same  may  be  given  a  speedy 
hearing. 

Appeal  bond  by  transportation  company,  condition  of. 
§  5693.  If  the  appeal  be  from  a  judgment  or  decree  an- 
nulling or  suspending  any  rate  or  rates  established  for 
the  transportaticn  of  passengers,  or  from  a  judgment 
or  decree  annulling  or  suspending  any  order  or  orders 
establishing  or  requiring  any  rules,  regulations,  prac- 
tice or  service  to  be  observed  by  appellee,  and  if  ap- 
pellee shall  desire  to  have  said  rates  or  orders  or  any 
of  them  suspended  pending  the  appeal,  it  shall  file  with 
the  railroad  ccmmission  a  good  and  sufficient  bond  with 
two  securities  in  such  sum  as  the  railroad  commission 
shall  fix,  payable  to  the  State  of  Alabama,  and  condi- 
tioned to  pay  all  such  damages  as  any  person,  firm, 
company  or  corporation  may  sustain  by  reason  of  the 
suspension  of  the  rates  or  orders  in  the  event  the  judgment 
or  decree  of  the  lower  court  shall  be  reserved  in  whole  or 
in  part  or  the  rates  or  orders  of  any  of  them  shall  be  sus- 
tained by  the  Supreme  Court;  from  the  time  the  bond  is 
given  the  rates  or  orders  complained  of  and  annulled  shall 
be  suspended. 

Actions  on  such  appeal  bond.  §  5694.  Any  person,  firm, 
company  or  corporation  who  shall  sustain  any  loss,  in- 
jury or  damage  by  reascn  of  the  suspension  of  the 
rates  or  orders  or  any  of  them  as  aforesaid  may  sue  on 
the  bond,  in  the  name  of  the  State  of  Alabama,  for  his 
use,  and  recover  such  damages  as  he  may  have  so  sus- 
tained, including  any  overcharge  or  excess  rate  or 
charge  paid  by  him  on  account  of  the  suspension  of 
the  rate,  charge  or  order.  A  copy  of  the  bond,  duly  cer- 
tified by  the  chief  clerk  or  secretary  or  any  member  of 
the  railroad  commission,  under  the  seal  of  the  com- 
mission, shall  be  received  in  evidence  without  further 
proof. 

Bond  to  suspend  judgment  pending  appeal  by  transpor- 
tation com,pany,  condition  of.  §  5695.  If  in  any  proceedings 
to  contest  the  validity,  fairness  or  reasonableness  of 
any  rate  or  rates  for  the  transportation  of  freight  or 
passengers  established  by  the  railroad  commission,  or 
any  such  rates  established  by  statute,  or  any  such  rates 
which  have  been  by  statute  made,  the  maximum  rates, 
or  any  order  relating  to  such  rates,  or  any  order  or 
orders  establishing  any  rule,  regulation,  practice,  service 
or  act  to  be  observed  or  performed  by  transportation 
companies,  subject  to  the  provisions  of  this  chapter,  the 
trial  court  shall  decide  that  the  rate  or  rates  or  orders 
complained  of  or  any  of  them  are  valid  or  fair  and 
reasonable  and  render  a  judgment  in  favor  of  the  rail- 
road commission  and  against  the  plaintiff  or  petitioner, 
and,  if  the  plaintiff  or  petitioner  shall  appeal  from  the 
judgment,  it  may,  after  the  appeal,  have  the  rate  or 
rates  or  order  or  orders  complained  of,  or  any  of  them, 
suspended  pending  the  appeal  by  filing  a  bond,  with 
two  good  and  sufficient  sureties,  with  the  railroad  com- 
mission, which  bond,  if  the  appeal  be  from  a  judgment 
sustaining  any  rate  or  rates  for  the  transportation  of 
freight,  shall  be  in  the  same  amount  and  with  like  con- 
ditions, and  payable  as  the  bond  provided  for  in  this 
code,  for  the  .suspension  of  such  rates  upon  an  appeal 
by  the  railrcad  commission  from  a  judgment  annulling 
such  rates,  except  that  the  bond  shall  be  payable  in  the 
event  the  judgment  of  the  trial  court  shall  be  affirmed  in 
whole  or  In  part,  or  In  the  event  the  appeal  shall  not  be 
prosecuted  to  effect. 

Failure  to  give  required  bonds,  and  to  make  required 
statements,  effect  of.  §  5696.  The  failure  to  file  the  state- 
ments, or  any  of  them,  or  to  give  the  additional  bonds, 
or  any  of  them,  provided  for  in  such  cases,  when  and 
as  required  herein,  shall  eo  instanti  revive  the  rate  or 
rates,  and  the  same  shall  again  be  in  force  and  ob- 
served, and  all  the  penalties  in  this  article,  or  by  any 
statute  prescribed  for  a  failure  to  put  in  force  and  ob- 


serve the  rates,  shall  attach.  And  If  the  appeal  b( 
from  a  judgment  sustaining  any  rate  or  rates  for  thi 
transportation  of  passengers,  or  any  order  or  orden 
establishing  any  rule,  regulation,  practice,  service  o 
act  to  be  observed  or  performed  by  the  plaintiff  trans 
portation  company,  the  bond  shall  be  in  such  sum  a 
the  railroad  commission  may  fix  and  with  like  ccndi 
tions,  and  payable  as  the  respective  bonds  provided  fo 
in  the  preceding  section,  for  the  suspension  of  sucl 
rates  or  orders  upon  an  appeal  by  the  railroad  com 
mission  from  judgment  annulling  such  rates  or  order 
except  that  they  shall  be  payable  in  the  event  the  judg 
ment  of  the  trial  court  shall  be  affirmed  in  whole  or  ii 
part,  or  the  appeal  shall  not  be  prosecuted  to  effecl 
From  the  time  the  bond  shall  be  given  as  aforesaid  th 
rate  or  rates  or  orders  complained  of  and  sustained  shal 
be  suspended. 

Actions  on  such  bonds  in  nariie  of  State  for  use  of  ps) 
son  injured.  §  5697.  Any  person,  firm,  company,  or  corpors 
ticn  who  shall  sustain  any  loss,  injury  or  damage  b 
reason  of  the  suspension  of  the  rates  or  orders,  or  aa 
of  them  as  aforesaid  may  sue  on  the  bonds  in  the  nam 
of  the  State  of  Alabama,  for  his  use,  and  recover  sue 
damages  as  he  may  have  so  sustained,  including  a  a 
overcharge  or  excess  rate  or  charge  paid  by  him  y 
account  of  the  suspension  of  the  rates,  charges  or  orde-i 
A  copy  of  the  bond,  duly  certified  by  the  secretary  c 
chief  clerk  or  any  member  of  the  railroad  commissid 
under  the  seal  of  the  ccmmission,  shall  be  received  i 
evidence  without  further  proof. 

Suspension  of  rates  shall  only  affect  companies  givi  i 
required  bonds.  §  5698.  If  any  rate  or  rates  or  order  c 
orders  shall,  under  the  provisions  of  §  5689  of  this  co  1 
be  suspended  by  the  giving  of  any  of  the  bonds  p  ( 
vided  herein,  the  suspension  shall  be  operative  as  t 
and  shall  affect  only  the  railroad  or  other  transportati  ) 
company  or  common  carrier  complaining  and  giving  su  ; 
bond. 

Notice  of  injunction  or  restraining  order  to  commissii  > 
§  5699.  No  preliminary  injunction  or  interlocutory  order  : 
decree  or  process  suspending  or  restraining  order  affe 
ing  the  enforcement  of  any  rate  or  rates  or  order  : 
the  railroad  commission  fixing  any  rate  or  rates  of  co  r 
pensation  for  the  transportation,  originating  and  t  : 
minating  within  the  State,  of  any  articles  or  of  pi  i 
sengers  or  any  charge  for  any  service,  or  any  ord  2 
establishing  any  regulations,  rules,  practices  or  servlc  i 
to  be  observed  by  any  railrcad  or  transportation  compa  i 
or  persons,  company  or  corporation  operating  any  n  i 
road  as  a  common  carrier  or  engaged  in  the  business  c 
transporting  freight  or  passengers  as  common  carrle  • 
shall  be  granted  by  any  judge  or  court  except  upon  he  i 
ing  after  at  least  five  days'  notice  to  the  railroad  co  i 
mission  of  Alabama. 

Bond  for  injunction  or  restraining  order,  condition  ) 
§  5700.  No  judge  or  court  shall  grant  any  preliminary  i 
junction  or  interlocutory  order  or  decree  or  proci  s 
suspending  or  restraining  any  rate  or  rates  or  order  < 
the  railroad  commission  fixing  any  rate  or  rates  :  c 
the  transportation  of  freight  or  passengers,  or  or<  e 
establishing  any  rules,  regulations,  practices  or  se  •■ 
ices  to  be  observed  by  such  person,  company  or  c ) 
poration,  or  the  enforcement  of  any  such  rates  or  order 
without  requiring  as  a  ccndition.  precedent  to  the  issu 
of  such  injunction,  decree,  order  or  process,  that  1h 
company,  corporation  or  person  seeking  the  same  shul 
if  the  Injunction  or  restraining  order  applied  for  is  c 
the  purpose  of  restraining  the  enforcement  of  any  rat 
established  for  the  transportation  of  articles  of  freigh 
execute  and  file  with  the  railroad  commission  a  good  an 
sufficient  bond  with  two  sureties,  payable  to  the  Sfcit 
of  Alabama,  in  the  sum  of  $25,000  when  Its  rallrca 
within  the  State  is  less  than  50  miles  in  length,  and  1 
the  sum  of  $50,000  when  the  railroad  within  the  State  1 
50  miles  or  more  In  length,  or  in  such  sum  as  the  ju(lg 
or  court  may  fix  where  the  Injunction  is  sought  by 
transportation  company  other  than  a  railroad  compan; 
conditioned  to  make  and  file  with  the  railroad  con 
mission  a  sworn  statement  every  three  months  durln 
the  continuance  of  the  injunction  or  restraining  orde: 
showing  the  articles  of  freight  subject  to  the  rates  con 
plained   of   or   suspended    or   enjoined   carried   over    It 


Public  Service  Laavs 


273 


road  during  the  preceding  90  days,  together  with  the 
names  of  the  shippers  and  consignees,  the  dates  of  ship- 
ment, the  points  of  consignment  and  destination  and  the 
freights  charged  and  received  thereon,  and  conditioned 
to  file  an  additional  bond  of  the  amount  and  conditions 
with  said  railroad  commission  whenever  the  difference 
between  the  aggregate  freight  charged  and  received  for 
the  transportation  of  the  articles  and  the  aggregate 
freights  which  it  would  have  been  entitled  to  charge  and 
receive  for  such  transportation,  if  vcalculated  according 
to,  or  based  upon,  the  rate  or  rates  complained  of  or 
suspended  or  enjoined,  equals  or  exceeds  the  amount 
of  penalty  of  said  bond;  and  conditioned  further  to 
pay  to  the  State  of  Alabama,  in  the  event  said  injunc- 
tion or  restraining  order  shall  for  any  reason  be  dis- 
solved or  vacated  or  cease  to  be  operative  in  whole  or 
in  part,  the  difference  between  the  aggregate  freights 
charged  and  received  for  the  transportation  of  those 
articles  shipped  during  the  continuance  of  the  injunction, 
the  injunction  or  suspending  of  the  rates  on  which  has 
been  dissolved  or  vacated  or  has  ceased  to  be  operative, 
and  the  aggregate  freights  which  it  would  have  been 
entitled  to  charge  and  receive  for  such  transportation 
If  calculated  according  to,  or  based  upon,  the  rates  en- 
joined or  suspended.  The  bond  shall  be  collected  by 
suit  or  otherwise  only  by  the  State  of  Alabama,  by  the 
direction  of  the  governor. 

Failure  to  give  injunction  iond  or  make  statement  an- 
nuls and  vacates  injunction  or  restraining  order.  §  5701. 
A  failure  to  file  with  the  railroad  commission  any  of 
the  sworn  statements,  provided  for  in  the  preceding 
section,  within  20  days  after  the  same  shall  have  been 
demanded  in  writing  by  the  railroad  commission,  or  a 
failure  to  give  any  additional  bond  in  the  preceding 
section  provided  within  15  days  after  the  same  shall 
have  been  demanded  in  writing  by  the  commission,  shall 
Ipso  facto  immediately  vacate  and  render  null  and  void 
such  injunction  or  restraining  order  or  decree  without 
any  further  order  of  the  court  or  judge  granting  the 
same,  and  the  rates  which,  or  the  enforcement  of  which, 
were  enjoined  or  restrained  or  suspended  shall  at  once 
be  revived  and  in  force. 

Notices  or  demands  for  bonds,  statements,  etc.,  for  in- 
junctions, restraining  orders,  etc.,  how  given.  §  5702.  The 
notices  or  demands  above  prescribed  in  §  5699  of  this 
code  may  be  given  by  registered  letter  addressed  to 
any  superintendent  or  managing  agent  or  officer  of  the 
company,  corporation  or  person  at  whose  instance  the 
injunction  or  restraining  order  was  granted  in  this 
State  or  without  the   State. 

Bonds  for  restraining  or  suspending  orders  of  railroad 
commission,  condition  of.  §  5703.  If  the  injunction  or  re- 
straining order  applied  for  is  for  the  purpose  of  restrain- 
ing or  suspending  the  enforcement  of  any  order  of  the 
railroad  commission  establishing  any  rate  or  rates  for 
the  transportation  of  passengers,  or  the  enforcement  of 
any  order  establishing  any  rules,  regulations,  practices 
or  service  or  acts  to  be  observed  or  performed  by  such 
person,  company  or  corporation,  the  bond  that  sliall  be 
required  to  be  given  as  a  condition  precedent  to  the 
Issue  of  such  restraining  order  or  injunction  shall  be 
filed  with  the  clerk  of  said  court,  be  payable  to  the 
State  of  Alabama  in  such  sum  as  the  Court  or  judge 
granting  the  order  shall  fix  and  conditioned  to  pay  all 
such  damages  as  any  person,  firm,  company  or  corpora- 
tion shall  sustain  by  reason  of  the  enjoining  or  restrain- 
ing of  the  enforcement  of  such  order  or  orders,  in  the 
event  the  injunction  shall  be  dissolved  or  vacated  or 
for  any  reason  cease  to  be  operative. 

Actions  on  such  honds,  how  hrought.  §  5704.  Any  per- 
son, firm,  company  or  corporation  who  shall  sustain  any 
loss,  injury  or  damage  by  reason  of  such  injunction  or 
restraining  order  may  sue  on  the  bond  in  the  name  of 
the  State  of  Alabama,  for  his  use,  and  recover  such 
damages  as  he  may  have  sustained,  including  any  over- 
charge or  excess  rate  or  charges  paid  by  him  on  ac- 
count of  the  suspension  of  said  rates,  charges  or  orders. 

Bond  certified  and  filed  in  office  of  secretary  of  State. 
§  5705.  Immediately  after  the  dissolution  or  vacating  of 
the  injunction  or  restraining  order,  or  upon  the  same 
ceasing  for  any  reason  to  be  operative  and  in  force, 
the  bond  shall  be  delivered  to  the  railroad   commission. 


and  a  copy  of  the  bond,  duly  certified  by  the  clerk  of 
the  court  while  it  is  in  his  custody,  or  by  the  secretary 
or  the  chief  clerk  of  the  railroad  commission  of  Alabama 
or  any  member  of  the  commission  when  in  its  custody, 
under  the  seal  of  the  commission,  shall  be  received  In 
evidence  without   further  proof. 

Kates  affirmed  or  approved  by  trial  courts,  remain  until 
annulled  by  Supreme  Court.  §  5706.  Any  rate  or  rates 
affecting  the  transportation  of  persons  or  property  or 
any  service  or  practice  whatsoever  in  connection  there- 
with, fixed  by  the  commission,  when  approved  or  con- 
firmed by  the  judgment  of  the  Circuit  Court  or  City 
Court,  or  Chancery  Court,  shall  be  and  remain  the 
established  rate,  service  or  practice,  and  shall  be  ob- 
served and  regarded  '  by  the  appealing  transportation 
company  until  the  same  shall  be  annulled  or  suspended 
by  the  final  judgment  of  the  Supreme  Court,  if  there 
shall  be  an  appeal  thereto,  or  suspended  in  the  manner 
provided,  or  if  no  appeal,  until  changed  by  the  com- 
mission. 

Judgment  of  trial  court  in  Supreme  Court.  §  5707.  In 
all  suits  instituted  by  transportation  companies  to  con- 
test the  validity  or  fairness  and  reasonableness  of  any 
rate  or  order  of  the  railroad  commission,  if  the  trial 
court  shall  find  that  the  rate  or  order  complained  of  is 
valid  or  fair  and  reasonable,  its  judgment  or  decrees 
shall  so  declare  and  shall  direct  and  order  the  plaintiff 
to  put  the  rate  or  order  in  force  and  observe  the  same; 
and  If  the  Supreme  Court  shall  upon  apepal  affirm  the 
judgment  or  decree  appealed  from,  or  shall  by  Its  opin- 
ion sustain  the  rate  or  order,  its  judgment  shall  likewise 
contain  such  order. 

§§  5708-9-10-11  [as  amended  by  Act  aproved  August 
20,  1909].  If  any  common  carrier,  subject  to  the  super- 
vision and  control  of  the  railroad  commission,  affected 
by  any  order  of  the  railroad  commission  establishing 
any  rule,  regulation,  practice  or  service,  or  establishing 
any  rate  for  the  transportation  of  property  or  passen- 
gers, or  if  any  such  common  carrier  affected  by  any 
rate  established  by  statute  or  made  the  maximum  rate  by 
statute,  shall  fail  or  refuse  to  comply  with  the  require- 
ments of  the  railroad  commission  with  respect  to  said 
order,  and  said  failure  or  refusal  shall  continue  for  10 
days,  or  shall  fail  or  refuse  to  put  in  force  said  statutory 
rate  or  said  rate  made  the  maximum  rate  by  statute, 
and  such  failure  or  refusal  shall  continue  for  20  days, 
the  railroad  commission  shall  have  the  power  to  apply 
in  its  own  name  to  any  court  of  competent  jurisdiction, 
or  to  any  judge  thereof,  in  any  county  or  circuit  in 
which  such  common  carrier  may  have  an  agent,  for  a 
writ  of  mandamus  or  injunction,  or  to  institute  In  such 
court  any  appropriate  proceeding  to  compel  such  com- 
mon carrier  to  put  in  force  such  order  or  such  rate  and 
observe  and  obey  the  same.  Either  party  shall  have 
the  right  to  appeal  to  the  Supreme  Court  from  the  judg- 
ment or  decree  of  the  trial  court  in  such  proceedings, 
said  appeal  to  be  taken  within  30  days  from  the  rendi- 
tion of  such  judgment  or  decree.  If  the  common  carrier 
desires  to  take  an  appeal  from  the  judgment  or  decree 
of  the  trial  court  and  to  supersede  the  same.  It  shall 
give.  In  addition  to  security  for  costs,  a  bond  with 
two  sureties,  to  be  approved  by  the  clerk  or  register  of 
the  court,  which  bond  shall  be  In  the  amount  and  with 
the  conditions  to  be  prescribed  by  the  judge  or  chan- 
cellor, and  the  same  shall  be  payable  as  prescribed 
by  him. 

Rates  fixed  prima  facie  valid.  §  5712.  In  the  trial  of 
any  cause  provided  for  or  arising  under  this  chapter,  or 
any  cause  In  which  Is  Involved  the  validity,  fairness  or 
reasonableness  of  any  rate  or  charge  or  order  of  any 
kind  made  and  established  by  the  railroad  commission, 
such  rates  or  charges  or  oriJers  shall  be  prima  facie 
presumed  to  be  valid,  fair  and  reasonable  until  the 
contrary  is  shown;  and  the  burden  shall  be  on  the 
party  attacking  the  rates  or'  orders  to  show  that  the 
same  are  invalid  or  unfair  and  unreasonable. 

Penalty  for  foreign  corporations  instituting  in  or  remov- 
ing to  Federal  court  any  suit  or  proceeding  under  this 
chapter.  §  5713.  If  any  foreign  corporation  or  any  cor- 
poration deriving  Its  existence  solely  from  the  laws  of 
another  State,  government  or  country,  owning,  operating, 
leasing,  or  managing  as  a  common  carrier  any  railroad 


274 


National  Association  of  Eailway  Commissioners 


in  whole  or  in  part  in  the  State  of  Alabama,  or  any 
such  foreign  corporation  engaged  in  any  business  in  this 
State  relating  to  or  connected  with  the  transportation 
of  freight  or  passengers,  over  which  business  and  cor- 
poration the  railroad  commission  of  Alabama  has  any 
supervision  or  control  under  the  provisions  of  this  chap- 
ter, shall,  without  the  consent  of  the  adversary  party, 
Institute  in  any  Federal  court  any  suit,  action  or  pro- 
ceeding of  any  kind  having  for  its  object  the  annulment, 
suspension,  injunction,  or  restraining  of,  or  in  any  way 
affecting  any  rate  or  charge,  or  any  order  establishing 
any  rate  or  charge,  made  by  the  railroad  commission, 
or  any  rate  or  charge  established  by  statute,  or  any 
rate  which  has  been  made  a  maximum  rate  by  statute, 
or  any  order  of  said  commission  or  provision  of  law 
establishing  any  rules,  regulations,  practices  or  services, 
or  relating  thereto,  or  acts  or  duties  to  be  observed  or 
performed  by  transportation  companies  or  the  enforce- 
ment of  such  rates,  charges  or  orders,  or  to  have  this 
chapter  or  any  provision  thereof  declared  invalid,  or 
shall  become  a  joint  actor  in  such  proceedings  with  any 
other  person,  company,  or  corporation,  or  shall  volun- 
tarily become  a  party  therein;  or  if  any  such  foreign 
corporation  shall,  without  the  consent  of  the  adversary 
party  thereto,  remove  or  cause  to  be  removed  to  any 
Federal  court  any  action,  suit  or  proceeding  of  any  Ts.ind 
instituted  against  it  in  a  state  court  by  or  in  behalf 
of  the  railroad  commission  of  Alabama,  or  the  State  of 
Alabama,  to  compel  obedience  to  any  order  of  the 
commission,  or  any  rate  or  charge  established  by  it,  or 
any  action,  suit  or  proceeding  of  any  kind  instituted 
by  the  railroad  commission  of  the  State  of  Alabama,  or 
by  any  person,  iirm,  company  or  corporation  to  recover 
further  breach  of  any  bond  or  undertaking  given  by  such 
foreign  corporation  in  pursuance  of  any  of  the  provi- 
sions of  this  chapter,  or  to  recover  for  any  excess  rate 
or  charge  made  and  received  by  it  in  violation  of  the 
provisions  of  this  chapter,  or  to  recover  any  penalty 
or  forfeiture  for  which  it  is  made  liable  under  the 
provisions  of  this  chapter,  such  acts,  or  either  of  them, 
of  said  foreign  corporation  shall  ipso  facto  forfeit  its 
permit,  right,  or  license  to  engage  in  or  carry  on  the 
business  of  transportation,  originating  and  terminating 
within  this  State,  of  property  or  persons,  and  its  permit, 
license,  or  right  to  engage  in  such  business  shall  be 
ipso   facto   revoked. 

Costs  under  this  chapter,  how  taxed  and  collected. 
§  5714.  If  upon  the  trial  of  any  cause  of  action  originating 
under  this  chapter  it  shall  be  determined  by  the  court 
that  the  order  of  the  commission  was  invalid  or  unrea- 
sonable or  unjust  and  should  not  be  performed,  the  costs 
of  said  court  may,  in  the  discretion  of  the  court,  be 
taxed  against  the  State  or  the  transportation  company 
or  companies  involved  in  the  suit.  If  on  the  hearing 
the  court  should  find  in  favor  of  the  railroad  commis- 
sion, then  the  costs  of  the  suit  shall  be  paid  by  the 
transportation  company  or  companies  by  or  against  which 
the  proceedings  were  instituted.  If  costs  are  ordered 
taxed  against  or  paid  by  the  State,  the  same  shall  be 
paid  upon  the  approval  of  the  trial  judge  by  a  warrant 
drawn  by  the  State  auditor  upon  the  State  treasurer. 

Penalty  for  exacting  or  receiving  excessive  rates  for 
transportation.  §  5715.  If  any  transportation  company  do- 
ing business  in  this  State,  or  its  agents  or  employes,  is 
guilty  of  making  or  demanding  or  receiving  any  charge 
for  the  transportation  of  persons  or  property,  or  for  any 
service  pertaining  to  or  connected  therewith,  in  excess 
of  that  prescribed  by  the  railroad  commission  as  by  this 
chapter  authorized,  and  after  due  notice  of  such  viola- 
tion given  to  the  president  or  managing  officer  or  any 
superintendent  thereof,  in  this  State,  and  if  ample  and 
full  recompense  for  the  wrong  or  injury  thereby  to 
any  person,  firm,  or  company,  or  corporation,  shall  not 
be  made  within  60  days  from  the  time  of  such  notice, 
such  transportation  company  shall  forfeit  for  each  offense 
the  sum  of  not  less  than  $50  nor  more  than  $1,000,  to 
be  fixed  by  the  court. 

Action  to  recover  penalty,  how  brought  and  prosecuted. 
I  5716.  An  action  for  the  recovery  of  the  penalty  shall  be 
In  any  Circuit  Court  in  any  county  in  the  State  where 
such  violation  has  occurred  or  wrong  has  been  perpe- 
trated, and  it  shall  be  in  the  name  of  the  State  of  Ala- 
bama.    The   commissioners   may  order  the   institution   of 


such  action  by  the  attorney-general  or  the  solicitor  ol 
the  circuit  in  which  the  wrong  is  perpetrated,  or  such 
other  attorney  at  law  as  the  governor  may  appoint,  or 
the  complaint  or  petition  or  request  of  the  person  ag 
grieved. 

Action  for  penalty  cumulative,  not  exclusive.  §  5717 
This  chapter  shall  not  have  the  effect  to  release  oi 
waive  any  right  of  action  by  the  State  or  by  any  person 
or  any  right,  penalty,  or  forfeiture  which  may  hav€ 
arisen,  or  which  may  hereafter  arise  under  any  law  ol 
this  State;  and  all  penalties  and  forfeitures  incurred 
under  this  chapter  shall  be  cumulative,  and  a  suit  foj 
the  recovery  of  one  shall  not  be  a  bar  to  the  recovery 
of  any   other   penalty. 

Substantial,  not  technical  compliance  required  of  com- 
mission. §  5718.  A  substantial  compliance  by  the  railroad 
commission  with  the  requirements  of  this  chapter  shall 
be  sufficient  to  give  effect  to  all  rules,  orders,  acts,  and 
regulations  of  the  commission.  And  they  shall  not  be 
declared  inoperative,  illegal,  or  void  for  any  omissior 
of  a  technical  nature,  in  respect  thereto. 

Relief  not  otherwise  specially  provided  for.  5  5719 
Whenever,  after  hearing  the  investigation  as  provided  lij 
this  chapter,  the  commission  shall  find  that  any  charge 
regulation,  or  practice  affecting  the  transportation  ol 
passengers  or  property,  or  any  service  in  connecticr 
therewith  not  hereinbefore  specifically  designated,  is 
unreasonable,  or  unjustly  discriminatory,  it  shall  ha^ « 
the  power  to  regulate  the  same  as  provided  in  §§  5667 
5669,    5671,   of   this   chapter. 

Alabama  commission  may  assist  and  apply  to  Intersta  ( 
Commerce  Commission.  §  5720.  The  commission  shall  i  i 
vestigate  all  complaints  filed  with  them  of  the  viol  i 
tion  by  the  transportation  companies  doing  business  :  r 
this  State  of  the  rules,  orders,  and  regulations  of  tl  ( 
Interstate  Commerce  Commission,  and  when,  in  the  i 
opinion,  the  rates  or  charges  of  such  transportatic  r 
companies  are  excessive  or  discriminatory,  or  are  levit  c 
in  violation  of  the  interstate  commerce  law,  the  cor  i 
mission  shall  present  the  facts  to  the  transportatic  r 
company  with  a  request  to  make  such  changes  as  tl  e 
commission  may  advise,  and  if  such  changes  are  n(  1 
made  within  a  reasonable  time,  the  commission  sha 
apply  by  petition  to  the  Interstate  Commerce  Commi ; 
sion    for   relief. 

Emergency  cases,  commission  may  alter,  amend,  or  su  ■ 
pend  rates.  §  5721.  The  commission,  when  deemed  by  I 
necessary  to  prevent  injury  to  business,  or  in  the  inte' 
est  of  the  people  or  this  State,  in  consequence  of  ar  j 
interstate  rate  wars,  or  inequality  of  interstate  rate  s 
or  in  case  of  any  other  emergency  to  be  judged  t  j 
the  commission,  may  temporarily  alter,  amend  or  su5 
pend,  except  as  otherwise  provided  by  law,  any  existir  f 
passenger  rate,  freight  rates,  schedules  and  orders  c  t 
any  railroad  or  part  of  railroad  in  this  State,  and  sue  i 
rates  made  by  the  commission  shall  apply  on  one  <'i 
more  of  the  railroads  of  this  State,  or  any  portic  r 
thereof,  as  may  be  directed  by  the  commission,  and  shal 
take  effect  at  such  time  and  remain  in  force  for  su(i 
length  of  time  as  may  be  prescribed  by  the  commissioi 

Service  on  transportation  company  of  orders,  writs 
notices,  etc.  §  5722.  Whenever  the  railroad  commissic  r 
shall  make  an  order,  issue  any  subpoena,  notice,  or  writ 
notice  thereof  may  be  served  on  the  person  or  corpori 
tion  by  delivering  a  copy  of  such  order,  subpoena,  noti(  ( 
or  writ,  signed  by  or  in  the  name  of  the  president  oi 
the  railroad  commission,  to  any  such  person,  or  to  tli< 
president  or  other  head  of  such  corporation  or  secretary 
cashier,  station  agent,  or  any  other  agent  of  said  corpora 
tion,  which  service  may  be  executed  by  any  member  ■>: 
the  railroad  commission,  or  the  clerk  thereof,  or  l>j 
any  sheriff  of  the  State,  and  a  copy  of  such  order,  sub 
poena,  notice,  or  writ,  with  the  service  indorsed  thereon 
must  be  returned  to  the  railroad  commission  and  enterec 
on  record  as  a  part  of  the  proceedings,  and  such  indorse 
ment  shall  be  prima  facie  evidence  that'  said  order,  sub 
poena,  notice  or  writ  has  been  duly  served. 

Attorney-general  to  represent  cotnmission — Special  coun 
sel  provided  for.  §  5723.  [As  amended,  extraordinary  ses 
sion  of  1907.]  It  shall  be  the  duty  of  the  attorney-genera: 
to  represent  the  railroad  commission  in  any  and  &l 
legal  proceedings,  which  it  may  have  the  power  to  in 
stltute,     and     which,     pursuant    to    such     power,     it    has 


Public  Service  Laws 


275 


instituted,  and  in  all  legal  proceedings  against  it,  and 
to  institute  such  legal  proceedings  as  such  commission 
may  request  or  deem  necessary  (provided  it  has  the 
power  to  institute  them)  to  enforce  the  provisions  of 
this  Act  or  compel  obedience  to  and  observance  of  the 
same  by  any  person,  firm,  company  or  corporation  upon 
which  such  obedience  or  observance  is  imposed.  And 
the  governor  is  hereby  authorized  and  empowered  to 
employ  any  special  counsel  to  institute  or  defend  such 
legal  proceedings,  or  to  assist  the  attorney-general 
therein,  and  to  contract  with  said  Wiecial  counsel  con- 
cerning a  reasonable  compensation  tor  his  or  their 
services,  which  compensation  shall  be  paid  out  of  the 
State  treasury,  on  a  warrant  drawn  by  the  auditor  on  the 
State  treasurer,  upon  the  approval  of  the  governor.  No 
expenses  incurred  in  any  way  in  any  of  such  proceedings 
or  suits  in  any  investigation  by  the  commission  shall 
be  deemed  a  part  of  the  office  expenses  of  the  commis- 
sion, within  the  meaning  of  §  5  of  this  Act. 

Expenses  of  proceeding,  investigation,  ete.  §  5724.  See 
§  5723,  supra. 

Effect  ot  proceeding  of  commission  in  legal  proceedings. 
§5725.  (3504)  (1143)  The  provisions  of  this  chapter  shall 
not  be  construed  so  as  to  affect  in  any  manner  or  de- 
gree the  legal  duties,  rights,  and  obligations  of  any  per- 
son or  corporation  owning  or  operating  any  railroad  in 
this  State,  or  the  legal  liability  of  such  person  or  corpo- 
ration for  the  consequences  of  its  neglect  or  mismanage- 
ment, whether  adjudged  by  such  commissioners  to  be 
reasonable,  expedient,  and  proper  or  not,  but  when  such 
person  or  corporation  has  adopted  the  recommendation 
and  advice  of  the  commissioners  in  a  matter  in  which 
they  had  authority  to  recommend  or  advise,  proof  of 
such  fact  shall  be  received  in  any  suit  or  other  legal 
proceeding  in  any  court  or  before  any  officer  as  prima 
facie  evidence  that  the  thing  done,  or  omitted  to  be 
done,  upon  such  recommendation  or  advice,  was  right 
and  proper. 

INCREASED  POWERS  OF  RAILROAD  COMMISSION. 

(Gen.  Stat.  Ala.  Spl.  Session  of  1907,  page  29.) 

Power  of  railroad  commission  to  order  repairs,  changes 
in  trains,  etc.  %  1.  Be  it  enacted  by  the  legislature  of  Ala- 
bama, That  if,  in  the  judgment  of  the  railroad  com- 
mission, repairs  or  improvements  to  or  changes  in  any 
trains,  switches,  terminals  or  terminal  facilities,  motive 
power,  or  any  other  property  or  device  used  by  any  com- 
mon carrier,  railroad  corporation  or  street  railroad  cor- 
poration, subject  to  the  supervision  of  the  railroad  cosa- 
mission  of  passengers,  freight  or  property,  ought  reason- 
ably to  be  made  or  that  any  additions  should  reasonably 
be  made  thereto,  in  order  to  promote  the  security  or 
convenience  of  the  public  or  employes,  or  in  order  to 
secure  adequate  service  or  facilities  for  the  transporta- 
tion of  passengers,  freight  or  property,  ought  reasonably 
to  be  made,  or  that  any  additions  should  reasonably  be 
made  thereto,  in  order  to  promote  the  security  or  con- 
venience of  the  public  or  employes,  or  in  order  to  secure 
adequate  service  or  facilities  for  the  transportation  of 
passengers,  freight  or  property,  the  commission  shall, 
after  a  hearing  had  either  on  its  own  motion  or  after 
complaint  filed,  make  and  secure  an  order  directing  such 
repairs,  Improvements,  changes  or  additions  to  be  made 
within  a  reasonable  time  and  in  a  manner  to  be  speci- 
fied therein,  and  every  common  carrier,  railroad  corpora- 
tion and  street  railroad  corporation,  subject  to  the  super- 
vision of  said  commission,  is  hereby  required  and  di- 
rected to  make  all  such  repairs,  improvements,  changes 
and  additions  required  of  it  by  any  order  of  the  com- 
mission served   on  it. 

Power  of  railroad  commission  to  order  increase  in  num- 
ber of  trains,  cars,  etc.  §  2.  If,  in  the  judgment  of  the 
railroad  commission,  any  common  carrier,  railroad  cor- 
poration or  street  railroad  corporation,  subject  to  the 
supervision  of  said  commission,  does  not  run  trains 
enough  or  possess  or  operate  motive  power  enough  rea- 
sonably to  accommodate  the  traffic,  passenger  and 
freight,  transported  by  or  offered  for  transportation  to 
it,  or  does  not  run  its  trains  or  cars  with  sufficient  fre- 
quency or  at  a  reasonable  or  proper  time,  having  regard 
to  safety,  or  does  not  run  any  train  or  trains,  car  or 
cars,  upon  a  reasonable  time  schedule  for  the  run,  the 


commission  shall,  after  a  hearing  on  its  own  motion, 
or  after  complaint  filed,  have  power  to  make  an  order 
directing  such  common  carrier,  railroad  corporation  or 
street  railroad  corporation  to  increase  the  number  of 
its  trains  or  of  its  cars  or  of  its  motive  power,  or  to 
change  the  time  schedule  for  the  run  of  any  train  or  car, 
or  make  any  other  suitable  order  that  the  commission 
may  determine  reasonably  necessary  to  accommodate 
and  transport  the  traffic,  passenger  or  freight,  transported 
or  offered  for  transportation. 

Uniform  system  of  accounts.  §  3.  The  commission  may, 
when  it  deems  it  advisable  to  do  so,  establish  a  uniform 
system  of  accounts  to  be  used  by  common  carriers,  rail- 
road corporations  and  street  railroad  corporations  which 
are  subject  to  the  supervision  of  the  commission,  and 
may  prescribe  the  manner  in  which  such  accounts  shall 
be  kept.  It  may  also,  in  its  discretion,  prescribe  the 
forms  of  accounts,  records  and  memoranda  to  be  kept, 
including  the  accounts,  records  and  memoranda  of  the 
movement  of  traffic,  as  well  as  the  receipts  and  expendi- 
tures of  moneys.  The  system  of  accounts  established  by 
the  commission  and  the  forms  of  accounts,  records  and 
memoranda  prescribed  by  it,  as  provided  above,  shall 
conform  as  near  as  may  be  to  those  from  time  to  time 
established  and  prescribed  by  the  Interstate  Commerce 
Commission,  but  the  commission  may  vary  said  system 
and  forms  from  time  to  time,  in  such  manner,  and  re- 
quire such  additional  accounts,  records  and  memoranda 
to  be  kept,  as  it  may  deem  expedient  or  necessary. 
The  commission,  and  any  member  thereof,  shall  at  all 
times  have  access  to  all  books,  accounts,  records,  memo- 
randa, contracts  and  documents  kept  by  such  common 
carrier,  railroad  corporation  and  street  railroad  corpora- 
tion, wherever  the  same  may  be  kept,  whether  within  or 
without  the  State,  and  may  prescribe  the  accounts  in 
which  particular  outlays  and  receipts  shall  be  entered. 
The  commission  may  designate  any  of  its  members  or 
employes,  or  employ  special  agents  or  examiners,  who 
shall  thereupon,  when  so  designated  or  employed,  have 
authority  under  the  orders  of  the  commission  to  inspect 
and  examine,  make  analysis  of  and  take  copies  from 
any  and  all  accounts,  records,  memoranda,  books,  con- 
tracts and  documents  of  such  corporation,  whether  the 
same  be  kept  within  or  without  the  State.  The  special 
agents  or  examiners,  or  employes  designated  or  employed 
as  above  provided,  shall  have  power  to  administer  oaths, 
and  any  examiner  or  other  person  employed  by  the  commis- 
sion who  divulges  any  fact  or  information  which  may  come 
to  his  knowledge  during  the  course  of  any  such  inspec- 
tion or  examination,  except  in  so  far  as  he  may  be  directed 
by  the  commission  or  by  a  court  or  judge  thereof,  or  as 
authorized  by  law,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  not  exceed- 
ing  $500. 

Record,  etc.,  required  to  be  kept  by  railroads.  §  4. 
Whether  it  be  required  by  the  railroad  commission  or 
not,  every  railroad  corporation,  other  than  street  railroad 
corporations,  shall  make  and  keep  a  full,  true  and  cor- 
rect record,  memoranda  or  account  of  the  following 
facts,  in  addition  to  such  others  as  may  be  required 
by  law  or  by  the  commission,  in  such  manner  that  full, 
true  and  correct  information  concerning  the  same  may 
be  furnished  to  the  commission  at  the  end  of  each 
fiscal  year  and  at  the  end  of  each  quarter  of  the  fiscal 
year,  and  may  be  included  in  the  annual  reports  of  said 
corporation  to  the  commission,  and  it  shall  be  the  duty 
of  every  such  corporation  to  furnish  such  information  to 
the  railroad  commission  for  any  fiscal  year  and  for  any 
quarter  ot  the  fiscal  year  within  30  days  after  demand 
is  made  for  the  same  by  said  commission,  and  whether 
demand  is  made  or  not  to  include  such  information  in 
its  annual  reports,  namely:  (1)  the  cost  of  right  of  way; 
(2)  the  cost  of  grading  and  roadbeds;  (3)  the  cost  of 
bridges;  (4)  the  cost  of  rails  and  ties;  (5)  the  cost  o^ 
terminals  and  buildings;  (6)  the  cost  of  equipment,  ei> 
glnes.    freight    cars,    passenger    coaches,    miscellaneous; 

(7)  the  cost  of  all  other  property  and  values  in  detail; 

(8)  the  amount  paid  for  improvements,  for  what  paid, 
and  to  what  account  charged;  (9)  the  monthly  revenues 
from  passenger  transportation;  (10)  the  monthly  reve- 
nues from  freight  transportation;  (11)  the  monthly 
revenues  from  all  other  sources;  (12)  the  monthly  ex- 
penses of  operating  passenger  trains;    (13)   the  monthly 


276 


National  Association  of  Eailway  Commissioners 


expenses  of  operating  freight  trains;  (14)  the  monthly- 
expenses  of  operating  mixed  trains;  (15)  all  other 
monthly  expenses  of  operating  railroad  (beyond  above 
items)  including  salaries,  which  are  to  be  stated  sepa- 
rately, as  are  maintenance  of  way  and  improvements; 
(16)  tons  of  revenue  freight,  divided  into  products  of 
agriculture,  products  of  animals,  products  of  mines,  prod- 
ucts of  forests,  manufacture,  merchandise,  miscellaneous 
and  fertilizers,  carried  from  one  point  within  the  State 
to  another  point  within  the  State;  (17)  tons  of  revenue 
freight  carried  from  points  without  the  State  to  points 
within  the  State;  (18)  tons  of  revenue  freight  carried 
from  points  within  the  State  to  points  without  the  State; 

(19)  tons  of  revenue  freight  carried  entirely  through  the 
State  to  destination  beyond  the  State,  (tonnage  under 
subdivisions    17,    18    and    19   to    be   classified   as   in  T6) ; 

(20)  tons  of  company  or  deadhead  freight  carried  under 
each  of  the  conditions  of  subdivisions  16,  17,  18  and  19; 

(21)  the  total  revenue  received  from  each  of  the  classes 
of  freight  in  subdivisions  16,  17,  18  or  19;  (22)  the  total 
number  of  ton  miles  or  miles  one  ton  was  carried  in 
each  of  the  classes  of  freight  in  subdivisions  16,  17,  18, 
19  and  20;  (23)  total  number  of  revenue  passengers  car- 
ried from  points  and  to  points  as  named  in  subdivisions 
16,  17,  18  and  19;  (24)  total  revenue  from  passenger  trans- 
iwrtation  in  each  class,  as  named  In  subdivision  23;  (25) 
total  passenger  miles  in  each  class,  as  named  in  subdi- 
vision 23;  (26)  total  number  of  deadhead  or  non-paying 
passengers  in  each  of  classes  named  in  subdivision  23, 
and  total  number  of  deadhead  passenger  miles  in  each 
of  such  classes;  (27)  total  number  of  passenger  trains 
operated  entirely  within  the  State,  total  number  of  freight 
trains  operated  entirely  within  the  State,  and  total  num- 
ber of  mixed  trains  operated  entirely  within  the  State; 
(28)  total  tons  of  freight  and  total  number  of  passengers, 
both  revenue  and  deadhead  (freight  and  passenger  and 
revenue  and  deadhead  stated  separately)  carried  on 
each  class  of  train;  (29)  total  revenue  from  freight  and 
passengers,  stated  separately,  each  class  of  train,  total 
revenue  from  all  other  sources;  (30)  total  ton  miles  and 
total  passenger  miles  in  each  class  of  train  named  in 
subdivision  27;  (31)  number  of  train  miles  and  number 
of  car  miles  for  each  class  of  train  named  in  subdivision 
27;  (32)  the  cost  of  operation  of  each  of  the  classes 
of  trains  named  in  subdivision  27,  cost  to  include,  sepa- 
rately, fuel,  water,  oil,  engine  wages,  train  wages,  miscel- 
laneous; (33)  the  total  number  of  trains  in  the  State 
(freight,  passenger  and  mixed  separately)  which  carry 
exclusively  intrastate  business;  (34)  furnish  for  these 
trains  information  as  indicated  in  subdivisions  28,  29,  30, 
31  and  32.  Provided,  that  the  railroad  commission  shall 
have  the  power,  and  is  hereby  authorized,  to  waive  the 
keeping  and  furnishing  of  any  of  the  above  facts  in  this 
section  required  to  be  kept  and  furnished. 

Penalty  for  failure.  §  5.  In  case  of  the  failure  or  re- 
fusal on  the  part  of  any  such  common  carrier  or  railroad 
corporation  to  keep  such  accounts,  records  and  memo- 
randa, as  are  prescribed  in  §§  3  and  4  of  this  Act,  or 
as  have  been  or  may  be  prescribed  by  the  railroad  com- 
mission, and  in  such  manner  as  is  prescribed,  or  to  sub- 
mit all  such  accounts,  records,  memoranda,  books,  docu- 
ments and  contracts  as  are  kept,  to  the  inspection  and 
examination  of  said  commission,  or  any  member  thereof, 
or  any  of  its  authorized  agents  or  examiners  or  employes, 
or  shall  fall  or  refuse  to  furnish  the  information  as 
required  in  said  sections  to  be  furnished,  such  common 
carrier  or  railroad  corporation  shall  forfeit  to  the  State 
of  Alabama  the  sum  of  flOO  for  each  such  offense,  and 
for  each  and  every  day  of  the  continuance  of  such 
offense;  and  the  act  of  any  director,  oflicer,  agent  or 
other  person  acting  for  or  employed  by  such  carrier  or 
railroad  corporation,  acting  within  the  scope  of  his  offi- 
cial duties,  in  such  failure  or  refusal,  shall  be,  and  be 
deemed  to  be,  the  act  of  such  common  carrier  or  rail- 
road corporation. 

Railroad  commission  to  prescribe  form  of  reports.  §  6. 
The  railroad  commission  shall  prescribe  the  form  of 
the  annual  or  other  reports  required  to  be  made  by  com- 
mon carrier,  railroad  corporations  and  street  railroad 
corporation.  The  form  of  such  reports  made  by  the  rail- 
road corporations  shall  conform  as  near  as  may  be  to 
that  required  from  time  to  time  of  common  carriers  by 
the   Interstate   Commerce   Commission,   but   the   commis- 


sion may  from  time  to  time  make  such  changes  therei 
and  additions  thereto  as  it  may  deem  proper.  Whe 
the  reports  of  any  cohimon  carrier,  railroad  corporatic 
or  street  railroad  corporation  is  defective,  or  believed  I 
the  commission  to  be  erroneous,  the  commission  sha 
notify  the  corporation  to  amend  the  same  within  30  day 
The  originals  of  the  reports  shall  be  -subscribed  ai 
sworn  to,  and  shall  be  preserved  in  the  office  of  tl 
commission.  The  commission  may  also  require  sue 
corporations  to  file  monthly  reports  of  earnings  ai 
operating  expenses  within  a  specified  time,  and  m£ 
require  specific  answers  to  questions  upon  which  it  m£ 
desire  information,  to  be  made  in  such  monthly  report 
or  at  any  other  time,  or  in  any  special,  monthly  or  a 
nual  report.  It  shall  be  the  duty  of  all  such  corporatioi 
to  file  the  annual  reports  herein  referred  to  with  tl 
railroad  commission  on  or  before  the  30th  day  of  Septei 
ber  in  each  year.  The  commission  may  extend  the  tin 
for  making  and  filing  such  reports  for  a  period  not  e 
ceeding  60  days.  If  any  such  corporation  shall  fail 
make  and  file  the  annual  report  within  the  time  abo' 
specified,  or  within  the  time  as  extended  by  the  railroi 
commission,  or  shall  fail  to  make  specific  answers 
any  questions,  or  fail  to  make  and  file  the  monthly  repor 
when  required  by  the  commission,  as  herein  provide 
within  30  days  from  the  time  when  it  is  required 
make  ant^  file  any  such  report  or  answer,  such  corpoi 
tion  shall  forfeit  to  the  State  of  Alabama  the  sum 
$100  for  each  and  every  day  it  shall  continue 
be  in  default  with  respect  to  such  report  or  answ  !i 
Such  forfeiture  shall  be  recovered  in  an  action  brou; 
by  the  commission  in  the  name  of  the  State  of  Alaba  e 
in  the  Circuit  Court  or  court  of  like  jurisdiction 
Montgomery  County,  and  the  amount  recovered  in  s  i 
action  shall  be  paid  into  the  State  treasury  and  credit 
to  the  general  fund. 

Abstract  as  to  receipts,  etc.,  kept.  §  7.  It  shall  be  t 
duty  of  every  railroad  corporation  and  street  railr  >; 
corporation  to  keep  an  abstract  or  list  showing  the  ti  c 
hereinafter  provided,  of  every  receipt  or  voucher 
other  record  or  instrument,  evidencing  the  payment 
money  by  the  corporation,  and  to  file  with  the  railr  ' 
commission  on  or  before  the  last  day  of  each  mo  i 
an  abstract  or  list  of  all  such  vouchers  or  receipts,  <  c 
ering  all  disbursements  for  the  month  preceding.  S  i 
abstract  or  list  to  be  filed  with  the  commission  shall 
sworn  to  by  the  auditor  or  comptroller  of  the  corpc  i 
tion,  or  such  other  officer  as  may  be  designated  by  . 
railroad  commission,  and  shall  show  the  following  fE  < 
with  respect  to  each  receipt  or  voucher:  (1)  the  numb: 
(2)  the  date;  (3)  the  amount;  (4)  to  whom  paid;  ( 
for  what  purpose  expended;   (6)  to  what  account  chaxj  f 

Duty  of  corporation  to  furnish  a  copy  to  commiss'. 
when  demanded.  When  the  commission  makes  demand  1 
the  same,  it  shall  be  the  duty  of  such  corporation,  wit  i 
the  time  specified  in  the  demand,  to  furnish  to  the  en 
mission  a  copy  of  any  particular  voucher  or  receipt,  ■ 
gether  with  all  indorsements  thereon,  verified  by  ; 
affidavit  of  the  person  making  said  copy.  The  time  f 
filing  such  abstract  of  vouchers  or  receipts  may  be  < 
pended  by  the  commission  for  a  period  not  exceeding 
days.  If  any  such  corporation  shall  fail  to  make  k 
file  said  abstracts  or  lists  of  vouchers  or  receipts  witl 
the  time  above  specified  or  within  the  time  as  extendi 
by  the  commission,  or  shall  fail  to  furnish  the  comri 
sion  with  a  sworn  copy  of  any  particular  voucher 
receipt  when  demanded,  as  aforesaid,  and  within  t 
time  specified  in  the  demand,  such  corporation  shall  :!( 
feit  to  the  State  of  Alabama  the  sum  of  $100  for  each  a: 
every  day  it  shall  continue  to  be  in  default  with  respe 
to  such  abstract  or  list  of  vouchers  or  receipts  and  'su 
copy  of  particular  vouchers  or  receipts  demanded.  Su 
forfeiture  shall  be  recovered  in  an  action  brought  by  t 
commission  in  the  name  of  the  State  of  Alabama  in  t 
Circuit  Court  or  court  of  like  jurisdiction  of  Montgome 
County,  and  the  amount  recovered  in  such  action  slii 
be  paid  Into  the  State  treasury  and  credited  to  the  g,« 
eral  fund. 

Sworn  copies  of  contracts,  etc.,  to  6e  filed  with  comm 
sion.     §  8.    It  shall  be  the  duty  of  every  common  carri 
subject  to  the  supervision  of  the  railroad  commission 
file  with  the  commission,  within  30  days  after  any  su 
contract   or   agreement   shall   be  made,   sworn   copies 


Public  Service  Laws 


277 


every  contract,  agreement  or  arrangement  with  any  other 
common  carrier  or  railroad  corporation  and  of  every  spe- 
cial contract  or  agreement  made  with  any  shipper  or 
with  any  logging  or  lumber  road,  relating  in  any  way  to 
the  transportation  of  passengers,  freight  or  property, 
and  shall,  within  60  days  after  the  passage  of  this  Act, 
file  with  said  commission  sworn  copies  of  all  such  con- 
tracts, agreements  or  arrangements  of  such  character 
as  had  been  executed  and  were  in  force  at  the  time  of 
the  passage  of  this  Act.  . 

Copies  certified  to  receivable  in  evidence.  §  9.  Copies  of 
all  official  documents  and  reports  filed  or  deposited  ac- 
cording to  law  in  the  offlce  of  the  railroad  commission, 
and  of  all  orders  of  said  commission,  and  all  records 
of  its  office,  certified  by  the  commission  or  any  member 
thereof,  or  by  the  clerk  or  secretary  of  the  commission, 
to  be  true  copies  of  the  originals,  under  the  official  seal 
of  the  commission,  shall  be  received  in  evidence  in  any 
court  in  like  manner  as  the  original. 

Power  to  make  rules  and  regulations  as  to  bulletining 
late  trains.  §  10.  The  railroad  commission  shall  have  the 
power  and  authority  to  make  rules  and  orders  relating  to 
and  regulating  the  bulletining  by  all  railroad  corporations 
operating  in  this  State,  of  the  arrival  and  departure  of 
all  regular  passenger  trains  over  10  minutes  late,  and 
10  prescribe  rules  and  make  orders  relating  to  and  regulat- 
ing the  changing  of  the  time  schedules  of  regular  pas- 
senger trains  and  the  public  notices  to  be  given  of  such 
changes;  and  it  shall  be  the  duty  of  every  such  railroad 
corporation,  their  agents  and  employes,  to  obey,  observe 
and  comply  with  said  rales,  orders  and  regulations. 

Duty  of  carrier  and  agents,  etc.,  to  obey  orders  of  com- 
mission. §  11.  Every  railroad  corporation,  street  railroad 
corporation,  or  common  carrier,  subject  to  the  supervision 
of  the  railroad  commission,  and  all  officers,  agents  and 
employes  of  the  same,  shall  obey,  observe  and  comply 
with  every  order  made  by  the  railjoad  commission,  under 
the  authority  of  this  Act  and  of  any  Acts  heretofore 
passed.  Any  railroad  corporation  or  street  railroad  cor- 
poration or  other  common  carrier,  subject  to  the  super- 
vision of  the  railroad  commission,  which  shall  do  or 
cause  to  be  done  or  permit  to  be  done  any  matter,  act 
or  thing  in  this  Act  prohibited  or  declared  to  be  unlawful, 
or  shall  omit  to  do  any  act,  matter  or  thing  required  to 
be  done  by  it,  or  shall  fail,  refuse,  neglect  or  omit  to 
perform  any  duty  by  this  Act  required  to  be  performed, 
for  which  a  penalty  has  not  been  provided,  or  shall  fail, 
refuse,  omit  or  neglect  to  obey  any  lawful  order  or 
requirement  of  the  railroad  commission,  for  which  a  pen- 
alty has  not  been  provided,  shall  forfeit  to  the  State  of 
Alabama  a  sum  not  exceeding  $2,000  lor  each  offense,  to 
be  fixed  by  the  court  or  judge  trying  the  case;  and  every 
such  violation,  failure,  refusal,  neglect  or  omission  shall 
constitute  a  separate  and  distinct  offense,  and,  in  case 
of  a  continuing  violation,  each  and  every  day's  continu- 
ance thereof  shall  be,  and  be  deemed  to  be,  a  separate 
and  distinct  offense.  In  construing  and  enforcing  the 
provisions  of  this  Act,  the  act,  omission,  failure  or 
refusal  of  any  officer,  agent  or  other  person  acting  for 
or  employed  by  any  such  common  carrier,  acting  within 
the  scope  of  his  official  duties  or  employment,  shall  in 
every  case  be,  and  be  deemed  to  be,  the  act,  omission, 
failure  or  refusal  of  such  common  carrier.  Every  officer, 
agent  or  employe  of  any  such  common  carrier  or  corpora- 
tion who  shall  violate,  or  who  procures,  aids  or  abets 
any  violation  of  any  provision  of  this  Act,  or  who  shall 
fail  to  obey,  observe  or  comply  with  any  order  of  the 
railroad  commission  or  any  provision  of  any  order  of  the 
commission,  or  who  procures,  aids  or  abets  any  such 
common  carrier  or  corporation  in  its  failure  to  obey, 
observe  and  comply  with  any  such  order  or  provision, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  bo  fined  a  sum  not  exceeding  $500  for  each  offense, 
to  be  fixed  by  the  court  or  judge  trying  the  case.  Any 
officer,  agent  or  employe  shall  be  subject  to  indictment 
or  prosecution  in  any  county  in  which  a  subordinate 
agent  or  employe  of  the  carrier  violates  any  of  the  pro- 
visions of  this  Act  or  any  rule  or  order  of  the  railroad  com- 
mission, by  the  direction  or  in  consequence  of  the  direc- 
tion of  such  officer,  agent  or  employe;  and  the  agent 
or  employe  who  locally  in  any  county  violates  any  of 
the  provisions  of  this  Act  or  any  of  the  rules  or  orders 
of  the  railroad  commission,  In  pursuance  of  the  direction 


or  authority  of  his  superior  officer  or  agent  of  the  car- 
rier, may  be  called  as  a  witness  and  be  compelled  to 
testify,  showing  the  authority  by  which  he  acted,  and 
such  testimony  shall  not  be  used  against  him,  noi"  shall 
he  thereafter  be  subject  to  indictment  for  said  offense. 
[Note. — There  is  no  section  numbered  12.] 
Printed  reports,  etc.,  of  commission  admissible  in  evi- 
dence when  certified  to.  §  13.  The  printed  reports  of  the 
railroad  commission,  published  by  its  authority,  or  any 
part  thereof,  shall  be  admissible  in  evidence  in  any  court 
in  Alabama  without  further  proof,  and  any  schedule  of 
rates  made  or  approved  by  the  commission  of  any  part 
thereof,  and  any  order  passed  or  rule  or  regulation  pre- 
scribed by  the  commission  shall  be  admissible  in  evi- 
dence in  any  court  upon  the  certificate  of  the  commission 
or  any  member  thereof  or  of  the  clerk  or  secretary  of 
the  commission. 

As  to  rates  on  freight  passing  over  two  or  more  roads. 
§  14.  When  a  shipment  of  freight  shall  pass  over  the  whole 
or  part  of  two  or  more  railroads,  the  rate  to  be  charged 
shall  be  either  a  continuous  mileage  rate,  not  exceeding 
the  lawful  rate,  or  a  rate  for  each  road,  not  greater  than 
its  lawful  maximum  rate  for  the  distance  hauled  over 
its  road  less  10  per  cent,  as  the  railroad  commission  may, 
in  its  judgment,  determine.  And  the  railroad  commis- 
sion shall  have  the  power  and  it  shall  be  its  duty  tc 
establish  a  rule  or  order,  applicable  to  each  railroad  do- 
ing business  in  this  State,  prescribing  which  railroads 
shall,  for  such  shipments,  charge  the  continuous  mileage 
rate,  and  which  shall  charge  a  rate  not  greater  than 
its  lawful  maximum  rate  for  the  distance  hauled,  less 
10  per  cent,  and  such  rule  or  order  shall  be  binding  on 
and  limit  the  charge  of  each  railroad  to  which  it  is 
applicable  with  respect  to  such  shipments,  until  changed 
by  the  said  railroad  commission.  But  nothing  in  this 
section  shall  be  construed  to  prohibit  the  joint  rates 
being  divided  into  such  proportions  as  may  be  agreed 
upon    by    the    railroads    interested. 

Special  rates,  establishment  of,  etc.  §  14%.  The  rail- 
road commission  shall  have  the  power,  and  is  hereby 
authorized,  upon  its  own  motion,  or  upon  the  written 
application  of  any  common  carrier  or  railroad  corpora- 
tion, and  under  any  rules  which  it  may  prescribe,  to  per- 
mit, from  time  to  time,  such  common  carrier  or  railroad 
corxMDratlon  to  establish  any  special  rate  or  rates  for 
the  transportation  of  specific  commodities  in  carloads 
from  specified  points  or  within  specified  zones  or  dis- 
tances to  the  plants  or  points  of  destination  where  are 
located  the  plants  of  any  person,  firm  or  corporation 
who  is  now,  or  may  hereafter  be,  engaged  in  any  indus- 
trial enterprise  in  this  State  for  the  purpose  of  encour- 
aging the  establishment  or  aiding  in  the  development  or 
continued  and  successful  operation  of  such  industrial 
enterprise;  provided,  that  any  special  rate  or  rates  so 
established  for  any  particular  Industrial  enterprise  shall 
apply  and  be  given  all  persons,  firms  and  corporations 
engaged  in  the  same  enterprise  within  said  zone  or  dis- 
tance; and  provided,  further,  that  such  special  rates  shall 
first  be  approved  by  the  commission  and  be  published 
as  it  may  direct,  and  that  a  full,  true  and  correct  state- 
ment in  writing  of  such  special  rate  or  rates  shall,  in 
each  instance,  be  ffr^t  filed  with  said  commission,  together 
with  a  sworn  copy  of  any  special  contract  made  with  the 
shipper  with  respect  to  such  special  rates,  before  the 
same  shall  go  into  effect.  And  the  said  commission  may 
at  any  time  revoke  such  permission  and  any  special  rate 
or  rates  established  thereunder.  Any  rate  or  rates  so 
established,  after  compliance  with  tlie  provisions  here- 
inabove prescribed,  shall  be  the  lawful  rates  for  the  serv- 
ice performed  and  shall  not  be  construed  to  be  an  unjust 
or  unlawful  discrimination.  When  circumstances  require 
a  reduction  in  any  rate  or  rates  on  less  than  statutory 
notice  in  order  to  permit  an  emergency  to  be  met,  the 
railroad  commission,  or,  if  the  commission  be  not  in 
session,  the  secretary  of  the  commission  may,  upon  the 
written  application  of  a  carrier,  and  for  good  reason 
shown,  authorize  such  carrier  to  make  such  rate  or  rates 
effective  on  less  than  the  statutory  notice,  provided  a 
copy  of  the  publication  containing  such  rate  or  rates  be 
filed  with  the  commission,  and  provided,  further,  that 
when  such  authority  is  granted  by  the  secretary  the 
rate  or  rates  so  authorized  shall  be  temporary  and  shall 


278 


National  Association  op  Railway  Commissioners 


continue  effective  only  until  the  next  regular  meeting 
of  the  commission,  which  may  approve,  revoke  or  modify 
the  same. 

Domicile  of  commission.  §  15.  The  domicile  of  the  rail- 
road commission  is  hereby  fixed  at  the  capital  of  the 
State  in  Montgomery,  JMonlgomery  County,  and  no 
court' of  the  State  other  than  those  of  Montgomery  County 
shall  have  or  take  jurisdiction  in  any  suit  or  proceed- 
ing brought  or  instituted  against  said  commission. 

Effect.  §  16.  That  this  Act  shall  go  into  effect  imme- 
diately  upon   its   passage  and  approval. 

Repeal.  §  17.  That  all  laws  and  parts  of  laws  in  con- 
flict with  the  provisions  of  this  Act  be,  and  the  same  are 
hereby,    repealed. 

Approved   November   23,   1907. 

POWERS  AS  TO  RATES. 

An  Act  approved  August  19,  1909,  repeals  an  Act  en- 
titled "An  Act  to  exclude  from  the  railroad  commission 
and  the  members  thereof  and  the  attorney-general  all 
power,  authority  or  duty  to  enforce  any  rates,  fares  or 
charges  for  the  transportation  of  property  or  passengers 
which  have  been  or  which  may  hereafter  be  prescribed  by 
statute,  or  made  the  maximum  rates  by  statutes,  or  any 
law  now  existing  or  which  may  hereafter  be  enacted 
prescribing  such  rates,  charges  or  fares,  or  any  rates, 
fares  or  charges  which  have  been  or  may  hereafter  be 
established  by  the  railroad  commission's  orders  establish- 
ing the  si;me,  and  all  power  and  authority  to  instruct, 
direct  or  request  the  attorney-general  to  institute  any 
legal  proceedings  to  enforce  such  rates,  fares,  charges, 
statutes  or  orders,"  approved  November  23,  1907. 

[Note. — See  §  5659  supra.] 

MAXIMUM  RATE  ACTS. 

At  the  special  session  of  1907  eight  acts,  approved 
November  23,  1907,  were  passed  fixing  maximum  rates 
to  be  charged  for  the  transportation  of  certain  classes 
of  goods,  each  applicable  to  one  of  eight  groups  of  rail- 
roads into  which  the  railroads  of  Alabama  are  divided 
by  statute.  The  Acts  are  all  alike  in  form,  varying  only 
in  the  names  of  the  railroads  and  in  the  schedules.  Each 
one  of  them  contains  as  §§5  and  6  the  following: 

"§  5.  The  Railroad  Commission  of  Alabama  is  hereby 
authorized  to  change  the  classification  of  railroads  pro- 
vided for  in  §  1  of  this  Act,  from  time  to  time,  as 
changed  conditions  ma/j  Mn  its  judgment,  require,  by 
taking  a  railroad' from  one  class  and  placing  it  in  an- 
other, and  to  assign  tb  a^iy  class  It  may  determine  any 
new  railroad  that  mS.y  hereafter  be  constructed  or  oper- 
ated as  a  common  carrier  in  whole  or  in  part  in  this 
State. 

"§  6.  The  railroad  commission  shall  have  the  power 
and  authority  to  change,  in  the  manner  provided  by  law, 
from  time  to  time,  as  conditions  shall,  in  its  judgment, 
render  it  expedient  or  proper  to  do  so,  any  of  the  rates 
or  charges  prescribed  by  this  Act,  and  the  rates  or 
charges  as  changed  by  said  commission  shall  be  the  law- 
ful rates  or  charges  until  further  changed  by  said  com- 
mission or  by  law;  provided,  that  no  changes  in  said 
rates  shall  be  made  by  said  commission,  except  by 
affirmative  action  on  the  part  of  said  commission." 

These  Acts  repealed,  at  least  in  part.  Code  §  5565, 
which  was  as  follows: 

Maximum  freight  rates  fixed.  §  5565.  The  rates  of 
freight  in  force  January  1,  1907,  and  obtaining  on  the 
various  railroads  of  Alabama  for  the  transportation, 
originating  and  terminating  within  this  State,  of  freight, 
are  fixed  and  established  as  the  maximum  rates  to  be 
charged  for  such  transportation,  and  no  company,  corpora- 
tion or  individual  owning  or  operating  any  railroad  or 
part  of  a  railroad  as  a  common  carrier  in  this  State  shall 
increase  or  charge  or  receive  any  greater  or  higher  rate 
of  freight  than  those  then  published  by  or  obtaining  on 
such   railroads. 

EXTORTION,  ACTS  OF  1907. 

Unlawful  for  carrier  to  receive,  etc.,  higher  rate.  §  1. 
[As  amended  by  an  Act  approved  August  20,  1909.] 
Be  it  enacted  by  the  legislature  of  Alabama,  that  in  all 
cases  where  the  maximum  rate  of  compensation  for  the 
transportation  of  property  or  passengers  by  any  common 
carrier   between   points   in  this   State  has   been  or  may 


hereafter  be  specifically  designated  and  prescribed  by 
statute,  or  any  prevailing  rates  for  such  transportation 
have  been  or  may  hereafter  be  by  statute  made  the 
maximum  rates,  or  such  rates  have  been,  or  may  here- 
after be  established  by  the  railroad  commission  of  Ala- 
bama, it  shall  be  unlawful  for  any  common  carrier,  its 
officers,  agents  or  employes  to  publish,  exact,  charge  or 
receive  any  higher  or  greater  rate  than  that  prescribed 
by  statute,  or  than  that  which  has  been  made  the  maxi- 
mum rate  by  statute,  or  than  the  rate  prescribed  by  said 
railroad  commission  for  the  transportation  of  such  prop- 
erty or  passengers,  or  to  refuse  to  receive  property  or 
passengers  for  transportation  at  such  rates. 

Penalty  for  violation.  §  2.  [As  amended  by  Act  of 
August  20,  1909.]  Every  common  carrier  which  shall 
violate  any  of  the  provisions  of  this  Act  shall  forfeit  to 
the  State  of  Alabama  a  sum  not  exceeding  $100  for 
each  offense,  to  be  determined  by  the  court  or  judge  try-. 
ing  the  case. 

Each  publication,  enaction,  etc.,  an  offense.  §3.  [As 
amended  by  Act  of  August  20,  1909.]  Each  charge  a  sep- 
arate offense.  Each  exaction,  charge  or  receipt  of  a  fiire 
for  the  transportation  of  a  passenger  or  of  a  rate  or 
compensation  for  the  transportation  of  property,  in  3X- 
cess  of  the  statutory  rate  or  fare,  or  the  rate  or  ff.re 
established  by  the  railroad  commission,  and  each  refusal 
to  receive  any  property  or  passenger  for  transportation 
at  such  rates,  shall  be  a  separate  and  distinct  offense; 
and  the  act  of  any  officer  or  other  person  acting  for  or 
employed  by  any  common  carrier,  acting  within  Ihe 
scope  of  his  official  duties  or  employment,  in  exacting 
or  charging  such  excess  rate  or  fare  shall  be,  in  evi  ry 
case,  and  be  deemed  to  be  the  act  of  such  common 
carrier. 

Penalty  for  violation  iy  agent,  officer,  etc.  §  4.  [  A.s 
amended  by  Act  of  August  20,  1909.]  Every  officer,  ag<  nt 
or  employe  of  such  common  carrier  who  shall  violate,  or 
who  procures,  aids  oi*  abets  any  violation  of  the  pre  vi- 
sions of  this  Act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  a  sum  not  exceeding  $:  00 
for  each  offense,  to  be  determined  by  the  court  or  juc  ge 
trying   the   case. 

Limitation.  §  5.  [As  amended  by  Act  of  August  iO, 
1909.]  A  civil  action  to  recover  the  forfeitures  provl(  ed 
for  in  §  2  of  this  Act  may  be  brought  at  any  time  wit:  in 
tjyo  years  frorft  the  date  the  offense  was  committed  or 
forfeiture  was  incurred,  in  the  name  of  the  State  of 
Alabama,  in  any  court  of  competent  jurisdiction  in  i  ny 
county  in  which  the  carrier  is  engaged  in  business.  In 
such  action  any  number  of  forfeitures  incurred  up  to 
the  time  of  commencing  the  same  and  not  previously  re- 
covered may  be  sued  and  recovered,  or  separate  si  its 
may  be  brought  for  each  penalty  or  forfeiture,  and  he 
commencement  of  an  action  to  recover  a  forfeiture  si  all 
not  be,  or  be  deemed  to  be,  a  waiver  of  the  right  to 
recover   any   other   forfeitures. 

Effect.  §  6.  That  this  Act  shall  go  into  effect  10  d  lya 
after  its  passage  and  approval. 

Repeal.  §  7.  That  all  laws  and  parts  of  laws  Inc  on- 
sistent  or  in  conflict  with  the  provisions  of  this  Act,  be, 
and  the  same  are  hereby,  repealed.  ^  ^ 

Approved    November   23,    1907.  f  ■ 

RATE  CONTEST  BY  CARRIER— 1907. 

Act  repealed.  §1.  Be  it  enacted  by  the  legislature  of 
Alabama,  entitled,  "An  Act  to  provide  the  manner  in 
which  any  person,  company  or  corporation  owning  or 
operating  as  a  common  carrier  any  railroad,  in  whole  oi 
in  part  in  this  State,  may  contest  the  validity  or  reason- 
ableness and  fairness  of  any  maximum  rate  established 
by  statute  to  be  charged  by  railroads  for  the  transporta- 
tion, originating  and  terminating  within  the  State,  ol 
articles,  and  have  the  same  annulled  or  the  enforcen^ent 
thereof  enjoined  or  restrained,"  approved  March  4, 
be  and  the  same  is  hereby,  repealed. 

Approved  November  23,  1907. 

PENALTY  FOR  EXTORTION  BY  EMPLOYE. 

Act  amended.    §  1.    Be  it  enacted  by  the  legislature  ol 

Alabama,  That  §  2  of  an  Act  entitled  "An  Act  to  prevent 

any  officer,  agent  or  employe  of  any  person,  company  oi 

corporation,   owning  or   operating   as   a   common   carnej 


snem 

i 


Public  Service  Laws 


279 


any  railroad,  in  whole  or  in  part  within  this  State,  from 
chaiging  or  receiving  for  the  transportation,  originating 
and  terminating  within  the  State,  of  any  article,  a 
greater  or  higher  rate  for  the  transportation  than  that 
established  by  statute,  where  a  rate  for  the  transporta- 
tion of  such  article  has  been  established  by  statute  or  from 
refusing  to  receive  such  article  for  transportation  at 
the  rate  established  by  statute,"  approved  March  2,  1907, 
be,  and  the  same  is  hereby,  amended  so  as  to  read  as 
follows:  I 

Penalty  }or  violation.  §2.  That' any  officer,  agent  or 
employe  of  any  person,  company  or  corporation  owning 
or  operating  as  a  common  carrier  any  railroad,  iii  whole 
or  in  part  in  this  State,  who  shall  violate  any  of  the 
provisions  of  this  Act,  or  who  shall  aid  in,  abet  or  pro- 
cure any  violation  thereof,  shall  be  guilty  of  a  misde- 
meanor, and  for  each  offense,  upon  conviction,  shall  be 
fined  a  sum  not  exceeding  $500,  to  be  determined  by  the 
court  or  judge  trying  the  case.  Any  officer,  agent  or 
employe  shall  also  be  subject  to  indictment  in  any 
county  in  which  a  subordinate  agent  or  employe  of  the 
company  violates  any  of  the  provisions  of  this  Act  by 
the  approval  or  direction,  or  in  consequence  of  the  ap- 
proval or  direction  of  such  officer,  agent  or  employe; 
and  the  agent  or  employe  who  locallj,  in  any  county, 
violates  any  of  the  provisions  of  this  Act,  in  pursuance 
or  consequence  of  the  direction  or  authority  of  his  su- 
perior officer  or  agent  of  said  company,  may  be  called 
as  a  witness  and  be  compelled  to  testify,  showing  the 
authority  by  which  he  acted,  and  such  testimony  shall 
not  be  used  against  such  subordinate  employe  or  agent, 
nor  shall  he  thereafter  be  subject  to  indictment  for  said 
oifense. 

Effect.     §  3.    That  this  Act  shall  go  into  effect  10  days 
after  its  passage  and  approval. 
I  Approved  November  23,  1907. 

REDUCED  FARE  ON  STREET  RAILWAYS. 

Free  or  reduced  transportation  authorized.  §  1.  Be  It 
enacted  by  the  legislature  of  Alabama,  That  all  street 
railway  companies,  or  persons  or  companies  owning  or 
operating  street  railways  in  this  State,  are  hereby  au- 
thorized to  furnish  members  of  the  police  force  and  of 
the  fire  department  and  sanitary  inspectors  of  any  city 
or  town  through  or  into  which  their  lines  run,  free  or 
reduced  transportation  to  and  from  their  homes  and  to 
and  from  places  to  which  their  duties  may  call  them;  and 
to  grant  special  or  reduced  rates  to  all  pupils  attending 
schools  on  or  near  such  lines  of  railway,  for  transporta- 
tion between  their  homes  and  such  schools;  provided, 
however,  that  before  free  transportation  or  special  or 
reduced  rates  are  granted  under  the  provisions  of  this 
Act  said  carriers  shall  file  with  the  railroad  commission 
of  Alabama  a  statement,  setting  forth  the  terms  and.  con- 
ditions upon  which  they  grant  such  free  transportation 
or  special  or  reduced  rates. 

Repeal.  §  2.  That  all  laws  and  parts  of  laws  in  conflict 
or  inconsistent  with  this  Act  be,  and  the  same  are  here- 
by, repealed. 

t  Approved  November  23,  1907. 
Examination  of  books,  etc.,  provided  for.  §  1.  Be  it . 
■enacted  by  the  legislature  of  Alabama,  That  in  any  suit, 
at  law  or  in  equity,  civil  or  criminal,  hereinafter  insti- 
tuted or  now  pending,  and  in  any  suit  pending  on  appeal 
from  an  order  of  the  railroad  commission,  in  any  court 
of  record  of  law  or  equity  in  this  State,  wherein  is  drawn, 
or  may  be  drawn,  in  question  the  validity,  fairness  or 
reasonableness  of  any  maximum  rates  or  charges  estab- 
lished by  statute  or  by  the  railroad  commission,  or  rates 
made  the  maximum  rates  by  statute,  or  wherein  is  of 
may  be  drawn  in  question  the  validity  of  the  statute  or 
order  establishing  such  rates,  for  the  transportation  of 
passengers,  freight  or  property  between  points  within 
this  State,  in  which  suit  a  common  carrier  or  railroad 
corporation,  or  person,  company,  corporation,  trustee, 
receiver  or  lessee  operating  a  railroad  in  this  State,  or 
any  director,  officer,  agent  or  employe  of  such  carrier, 
railroad  corporation,  person,  company,  corporation,  trustee, 
receiver  or  lessee,  is  a  party,  when  a  petition  or  motion 
is   filed  by  the  party,  or  any  of  the  parties  opposed  in 


INSPECTION  OF  BOOKS. 


interest  to  said  carrier,  railroad  corporation,  person,  com- 
pany, corporation,  trustee,  receiver  or  lessee,  or  any 
director,  officer,  agent  or  employe  of  such  carrier,  rail- 
road corporation,  person,  company,  corporation,  trustee, 
receiver  or  lessee,  stating  that  in  the  belief  of  the  peti- 
tioner an  examination  or  inspection  of  the  books,  papers, 
documents,  records,  accounts,  memoranda,  contracts,  or 
either  of  them,  of  said  carrier,  railroad  corijoration,  per- 
son, company,  corporation,  trustee,  receiver  or  lessee 
operating  said  railroad,  is  necessary  for  the  proper  prepa- 
ration and  trial  of  said  cause  and  determination  of  the 
issue  or  issues  therein  verified  by  the  affidavits  of  said 
party  filing  the  same,  or  his  attorney  of  record,  the  court 
or  any  judge  thereof  shall  have  power  and  authority,  and 
it  shall  be  the  duty  of  said  court  or  judge,  to  grant  an 
order  requiring  said  carrier  or  railroad  corporation  or 
person,  company,  corporation,  trustee,  receiver  or  lessee 
operating  the  road,  to  submit  all  of  its  books,  papers,  docu- 
ments, records,  acceunts,  memoranda  and  contracts  to 
the  inspection  and  examination  of  the  party  filing  said 
petition,  or  his  attorney  of  record,  and  of  any  expert 
accountant  or  accountants  specifically  named  in  said 
order,  and  any  assistants  who  may*  be  selected  by  the 
person  or  persons  so  named. 

Power  and  authority  to  examine,  etc.  §  2.  Upon  the 
granting  of  said  order,  the  person  or  persons  named  in 
said  order,. and  his  or  their  assistants,  shall  have  power 
and  authority  to  inspect  and  examine  all  of  the  books, 
papers,  documents,  accounts,  memoranda,  records  and 
contracts  of  said  carrier,  railroad  corporation,  or  person, 
company,  corporation,  trustee,  receiver  or  lessee,  wher- 
ever the  same  may  be  kept,  whether  within  or  without 
this  State,  and  to  make  analysis  of  and  take  copies  from 
the  same,  and  it  shall  be  the  duty  of  such  carrier,  rail- 
road corporation,  or  person,  company,  corporation,  trustee, 
receiver  or  lessee,  and  of  every  officer,  agent  or  employe 
thereof,  who  has  the  custody  of  said  books,  papers,  docu- 
ments, accounts,  memoranda,  records  and  contracts,  or 
any  of  them,  to  submit  the  same  to  the  Inspection  and 
examination  of  said  person  or  persons,  and  his  or  their 
assistants,  upon  presentation  of  a  copy  of  said  order, 
duly  certified  by  the  judge  making  the  order,  or  by  the 
clerk  of  the  court,  when  made  by  a  court. 

Penalty  for  failure  to  submit  to  examination,  etc.  §  3. 
If  said  carrier,  railroad  corporation,  or  person,  firm,  cor- 
poration, trustee,  receiver  or  lessee  operating  said  rail 
road,  or  the  officer,  agent  or  employe  having  the  custody 
of  the  same,  shall  fail  or  refuse  to  submit  its  books, 
papers,  documents,  accounts,  memoranda,  records  and 
contracts,  or  any  of  them,  to  the  inspection  and  examina- 
tion of  the  party  filing  said  petition,  or  his  attorney  of 
record,  or  the  examiner  or  persons  specifically  named  in 
said  order  or  his  assistants,  or  any  of  them,  as  required  by 
the  provisions  of  this  Act,  or  shall  submit  to  their  in- 
spection and  examination  any  false  books,  papers,  docu- 
ments, accounts,  records,  memoranda  or  contracts,  the 
court  may,  if  the  party  applying  for  said  order  be  a  plain- 
tiff in  said  suit,  render  a  judgment  by  default,  or  direct 
a  judgment  by  default  to  be  entered  against  the  defend- 
ant, and  if  the  party  applying  for  said  order  be  the  de- 
fendant in  said  suit,  may  direct  a  non-suit  to  be  entered. 

Effect.  §  4.  That  this  Act  shall  go  into  effect  imme- 
diately upon  its  passage  and  approval. 

Repeal.  §  5.  That  all  laws  and  parts  of  laws  in  con- 
fiict  or  inconsistent  with  the  provisions  of  this  Act  be, 
and  the  same  are  hereby,  repealed. 

Approved   November   23,   1907. 

APPEALS  FROM  THE  RAILROAD  COMMISSION. 

Be  it  enacted  by  the  legislature  of  Alabama: 

Appeal  taken  to  Chancery  Court  of  Montgomery  County 
— Appeal  allowed  to  carrier.  §  1.  That  from  any  final  action 
or  order  of  the  railroad  commission  to  which  any  common 
carrier  is  a  party,  reducing  or  increasing  or  refusing  to  in- 
crease any  rates,  fares  or  charges  for  the  transportation  of 
freight,  property  or  passengers,  which  have  been  or  which 
may  hereafter  be,  specially  prescribed  by  statute,  or  any 
such  prevailing  rates,  fares  or  charges  which  have  been 
or  which  may  hereafter  be  by  statute  made  the  maxi- 
mum rates,  fares  or  charges,  or  any  rates,  fares  or 
charges  which  have  been  or  which  may  hereafter  be  fixed 
by  the  railroad  commission,  or  affecting  or  relating  to 
any   schedule   or   parts   of  any   schedule   of   such   rates. 


280 


National  Association  of  Railway  Commissioners 


1 


fares  or  charges,  an  appeal  may  be  taken  to  the  Chancery 
Court,  or  other  court  having  chancery  jurisdiction  in 
Montgomery  County,  by  the  common  carrier  whose  rates, 
fares  or  charges  are  affected,  or  by  the  State  of  Alabama. 
Such  appeal  shall  be  taken  within  30  days  from  the  date 
of  said  action  or  order,  and  shall  be  granted  as  a  matter 
of  right  and  be  deemed  perfected  by  the  filing  with 
the  railroad  commission  of  security  for  costs  of  said 
appeal  when  the  appellant  is  the  common  carrier,  and  by 
the  filing  of  notice  of  appeal  when  the  appellant  is  the 
State  of  Alabama.  Whithin  30  days  after  the  perfecting 
of  the  appeal  as  aforesaid,  and  sooner  if  practicable,  the 
railroad  commission,  through  its  president  or  any  member 
thereof,  or  its  secretary,  shall  certify  to  the  Appellate 
Court,  under  the  seal  of  the  commission,  a  complete 
record  or  transcript  of  all  the  proceedings  had  before 
it,  including  all  orders  and  pleadings,  together  with  a 
transcript  of  all  oral  testimony,  and  the  original  <jr  a 
transcript  of  all  documentary  evidefice  taken  in  the  pro- 
ceeding in  which  the  order  appealed  from  was  made.  The 
time  for  certifying  said  transcript  to  said  Appellate  Court 
may  be  extended  by  an  order  of  the  chancellor  or  judge 
thereof  for  good  cause  shown.  When  the  appeal  is  taken 
by  the  State  of  Alabama  from  an  order  increasing  any 
rate  the  common  carrier  whose  rates  are  affected  shall 
be  the  appellee,  and  when  the  appeal  is  taken  by  the 
common  carrier  the  railroad  commission  shall  be  the 
appellee.  The  trial  of  said  appeal  in  the  Appellate  Court 
shall  be  de  novo,  but  the  transcript  shall  be  admissable 
in  evidence  at  the  instance  of  either  party,  and  either 
party  shall  have  the  right  to  introduce  any  additional 
legal  evidence;  provided,  however,  that  the  action  or 
order  appealed  from  shall  be  prima  facie  presumed  by 
the  court  to  be  just,  reasonable  and  correct,  and  the 
burden  shall  be  on  the  party  appealing  to  prove  the 
contrary  by  clear  and  satisfactory  evidence.  The  Ap- 
pellate Court  shall  have  no  power  to  modify  said  action 
or  order  appealed  from,  but  shall  either  affirm  or  annul  and 
vacate  the  same.  In  the  trial  of  said  cause  either  party 
may  introduce  evidence  tending  to  show  the  validity, 
fairness  or  reasonableness,  or  the  contrary,  of  the  rates, 
fares  or  charges  sought  to  be  established. 

May  he  made  a  supersedeas.  §  2.  No  such  appeal  shall 
stay  or  supersede  the  order  or  action  appealed  from  unless 
the  Appellate  Court  or  judge  thereof,  upon  hearing  and 
notice,  after  consideration  of  the  testimony  taken  before 
the  commission,  shall  so  direct.  If  the"  appeal  be  from 
an  order  of  the  commission  reducing  or  refusing  to 
increase  such  rates,  fares  or  charges,  or  any  of  them, 
or  any  schedule,  or  part  or  parts  of  any  schedule,  of 
such  rates,  fares  or  charges,  the  Appellate  Court  (or 
judge  thereof)  shall  not  so  direct  or  order  a  supersedeas 
or  stay  of  the  action  or  order  appealed  from  without 
requiring  as  a  condition  precedent  to  the  granting  of 
said  supersedeas  that  the  common  carrier  applying  for 
the  same  shall  execute  and  file  with  the  clerk  of  said 
court  a  bond,  which  bond  shall  be  as  hereinafter  pro- 
vided. In  the  application  for  said  supersedeas  the  com- 
mon carrier  shall,  under  oath,  state  the  estimate  ap- 
proximate amount  by  which  its  revenues  will  be  in- 
creased or  reduced,  as  the  case  may  be,  in  one  year,  by 
reason  of  the  increased  rate  sought  by  it  or  the  reduced 
rate  complained  of,  and  the  bond  hereinabove  required 
shall  be  double  the  sum  so  estimated,  with  two  or  more 
sureties,  one  of  which  may  be  a  surety  company,  to  be 
approved  by  the  judge  or  chancellor,  payable  to  the 
clerk  or  register  of  the  court  and  conditioned  to  pay  all 
such  loss  or  damage  as  any  person,  firm  or  corporation 
may  sustain,  including  all  such  excess  rates,  fares  or 
charges,  as  such  person,  firm  or  corporation  may  have 
paid  pending  said  appeal  or  any  subsequent  appeal  to 
the  Supreme  Court  in  the  event  the  order  oi;  action  of 
the  railroad  commission  shall  be  sustained.  An  addi- 
tional bond  of  like  amount  and  with  the  same  conditions 
shall  be  given  at  the  end  of  each  year  pending  the 
appeal  and  pending  any  subsequent  appeal  by  either 
party  to  the  Supreme  Court.  From  the  time  said  bond 
shall  have  been  given  the  order  appealed  from  shall 
be  stayed  and  superseded,  and  it  shall  be  lawful  for 
the  appellant  to  charge  the  rates,  fares  or  charges  which 
had  been  reduced  by  said  order,  or  the  rates,  fares  or 
charges  sought  to  be  established  by  its  petition,  until 
the    final    disposition    of    said    cause;    provided,    that    if 


said  common  carrier  shall  fail  after  30  days'  written 
notice  to  give  such  additional  bond  at  the  end  of  each 
yeai-  pending  said  appeal  and  pending  any  subsequent 
appeal  to  the  Supreme  Court,  the  stay  or  supersedeas 
shall  terminate,  and  the  rates,  fares  or  charges  estab- 
lished by  statute  or  by  the  railroad  commission  or  by 
the  order  of  action  appealed  shall  be  revived  and  shall 
be  the  lawful  rates  pending  all  further  proceedings  in 
the  cause. 

Appeal  to  Supreme  Court.  §  3.  From  the  judgment  or 
decree  of  the  trial  court  an  appeal  may  be  taken  by 
either  party  to  the  Supreme  Court  at  any  time  within 
30  days  from  the  date  of  the  rendition  of  said  decree. 
If  said  appeal  be  taken  by  the  common  carrier,  security 
for  the  costs  of  the  appeal  shall  be  given  as  in  cases 
of  appeals  from  the  chancery  court,  and  if  a  supersedeas 
bond  had  been  given  on  appeal  to  the  chancery  court,  as 
hereinabove  provided  for,  then,  pending  said  appeal  to 
the  Supreme  Court  by  the  common  carrier,  and  pending 
an  appeal  thereto  by  the  railroad  commission,  if  it 
should  appeal,  such  bond  shall  continue  in  force  and 
effect,  and  all  the  conditions  thereof  shall  be  compl  ed 
with,  said  cause  shall  have  precedence  over  all  other 
causes  except  criminal  causes,  both  in  the  trial  co  irt 
and  in  the  Supreme  Court,  and  may  be  advanced  on  Ihe 
docket  for  the  purpose  of  expediting  the  final  decision 
thereof. 

Expenses  incurred  by  railroad  commission,  hoto  paid. 
§  4.  All  expenses  incurred  by  the  railroad  commission  in 
the  trial  of  said  cause,  including  any  costs  that  may  be 
taxed  against  it,  or  against  any  member  thereof,  sh  ill 
be  paid  out  of  the  State  treasury  upon  a  warrant  dra  vn 
by  the  auditor  en  the  State  treasurer  and  approved  by 
the  governor.  The  costs  of  the  transcript  certified  Oy 
the  railroad  commission  to  the  chancery  court  shall  bS 
taxed  as  a  part  of  the  costs  of  the  cause  at  the  sa;ae 
rate  as  transcripts  from  the  chancery  court  to  the  fu- 
preme   Court  are   taxed. 

Repeal.  §  5.  That  all  laws  and  parts  of  laws  in  confl  ct 
with  the  provisions  of  this  Act  be,  and  the  same  is, 
hereby,  repealed. 

Approved  August  19,  1909. 


PRIVILEGE  TAX  ON  PUBLIC  UTILITIES. 

Be  it  enacted  hij  the  legislature  of  Alabama: 

Telephone  and  telegraph  companies.  %  1.  Telegraph  a  id 
telephone  companies  to  pay  privilege  tax  to  State  treasur  !r. 
Each  person,  firm  or  corporation  operating  a  telegraph  or 
telephone  business  between  points  wholly  within  this  Sta  e, 
and  without  reference  to  its  interstate  commerce  or  gove  n- 
mental  business,  shall  pay  in  advance,  on  the  first  day  of 
January  of  each  year  to  the  State  treasurer,  a  privile  ?e 
tax  based  on  the  mileage  of  the  telegraph  or  telephone 
line  operated  by  it  in  this  State  as  follows:  Each  t«le- 
graph  or  telephone  company  whose  lines  within  the  Sti  te 
do  not  exceed  150  miles  shall  pay  at  the  rate  of  ctie 
dollar  per  mile ;  each  telegraph  company  whose  lit  es 
within  the  State  exceed  150  miles  shall  pay  $500,  to- 
gether with  $1  for  each  additional  mile  of  such  lii  es 
within  this  State;  and  each  telephone  company  wh<  se 
lines  within  the  State  do  not  exceed  150  miles  shall 
pay  at  the  rate  of  $1  per  mile;  and  each  telephe  ne 
company  whose  lines  within  the  State  exceed  ;  50 
miles  shall  pay  $500,  together  with  $1  for  each  addi- 
tional mile  within  this  State,  and  no  telegraph  company 
which  has  paid  the  privilege  tax  herein  required  shall 
be  liable  to  pay  any  additional  privilege  tax  in  t  lis 
State,  except  licenses  required  by  cities  and  towns  and 
except  upon  its  real  estate,  fixtures  and  other  local  prop- 
erty, which  shall  be  subject  to  taxation  as  other  prop- 
erty in  the  State;  and  no  telephone  company  which  lias 
paid  the  privilege  tax  herein  required  shall  be  liable  to  pay 
any  additional  privilege  tax  in  this  State,  except  licenses  re- 
quired by  cities  and  towns,  but  the  real  estate,  fixtures  e  nd 
other  local  property  of  such  telephone  company  shall  be 
subject  to  taxation  as  other  property  in  this  State.  The 
payment  of  such  privilege  tax  to  the  State  treasurer  shall 
Ije  accompanied  by  a  sworn  report  to  the  State  auditor, 
showing  the  number  of  miles  of  telegraph  or  telephone 
lines  operated  by  such  company  in  this  State;  and  in 
default  of  the  payment  of  such  tax,  or  the  making  of  such 
report,    for    60    days    after    the    first    day    of    January,    a 


Public  Service  Laws 


281 


penalty   of   double   the   amount  of   each   tax   shall   be   im- 
posed upon  and  collected  of  each  defaulting  company. 

EXPKKSS   COMPANIES. 

Express  companies  to  pay  privilege  tax  to  the  State 
treasurer.  §  2.  There  shall  be  levied  and  collected  from 
every  express  company  f'.oing  an  express  business  be- 
tween points  wholly  within  this  State,  and  without  refer- 
ence to  its  interstate  business  iri  this  State,  whether  in- 
corporated under  the  laws  of  this  State  or  any  other  State, 
or  whether  incorporated  at  all,  or  not,  a  license  or  privi- 
lege tax  of  |4,000,  which  shall  be  annually  paid  to  the 
treasurer  of  said  State  by  said  company  on  or  before 
the  15th  day  of  January  of  each  year.  Provided,  that 
such  express  company  which  operates  on  less  than  50 
miles  of  railroad  shall  pay  an  annual  tax  of  $250.  Pro- 
vided, that  such  express  company  which  operates  on 
more  than  50  miles  and  on  less  than  200  miles  of  railroad, 
shall  pay  an  annual  tax  of  $1,000.  Provided,  further,  that 
all  express  companies  that  operate  over  200  miles  and  not 
over  500  miles  shall  pay  an  annual  tax  of  $2,000. 

Municipal  taxation  of.  (a)  In  addition  to  said  amount, 
paid  to  the  State  as  aforesaid,  for  State  purposes,  there  may 
be  levied  and  collected  by  the  several  cities  of  the  State 
from  said  express  company  or  companies  for  the  privilege 
of  doing  business  within  the  municipal  limits,  a  privilege 
tax  or  license  tax  to  be  computed  and  based  on  the 
population  of  said  cities,  as  fixed  by  the  last  federal 
census,  as  follows,  to-wit:  (B)  In  municipalities  having 
a  population  of  500  people,  or  less  than  this  number,  $2.,")0 
per  annum.  (C)  In  municipalities  having  a  population 
of  500  and  over,  and  not  exceeding  1,000,  $15  per  annum. 
(D)  In  municipalities  having  a  population  of  1,000  and  not 
exceeding  2,000,  $25  per  annum.  (E)  In  municipalities 
having  a  population  of  2,000  and  not  exceeding  3,000, 
$.35  per  annum.  (P)  In  municipalities  having  a  popula- 
tion of  3,000  and  not  exceeding  4,000,  $45  per  annum.  (G) 
In  municipalities  having  a  population  of  4,000  and  not 
exceeding  5,000,  $75  per  annum.  (H)  In  municipalities 
having  a  population  of  5,000  and  not  exceeding  10,000, 
$125  per  annum.  (I)  In  municipalities  having  a  popula- 
tion of  10,000  and  not  exceeding  15,000;  $175  per  annum. 
(J)  In  municipalities  having  a  population  of  15,000  and 
not  exceeding  20,000,  $200  per  annum.  (K)  In  municipali- 
ties having  a  population  of  20,000  and  not  exceeding  25,- 
000,  $250  per  annum.  (L)  In  municipalities  having  a 
population  of  25,000  and  not  exceeding  30,000,  $300  per 
annum.  (M)  In  municipalities  having  a  population  of 
30,000  and  over,  $500  per  annum.  (N)  The  license  or 
privilege  taxes  above  provided,  which  shall  be  paid  to 
the  State  and  several  cities,  according  to  population  as 
above  said,  shall  be  in  lieu  of  all  other  license  or  privi- 
lege taxes  required  of  said  express  companies  in  this 
State,  by  an  authority  thereof,  and  shall  be  in  lieu  of 
all  other  taxes  of  whatever  nature  except  an  ad  valorem 
tax  upon  fangible  and  intangible  property  of  said  com- 
pany located  in  said  State. 

SLEEPING    C.\R    COMPANIES. 

Sleeping  car  companies.  S  3.  Any  person  or  persons, 
joint  stock  association  or  corporation,  whether  organized 
or  incorporated,  engaged  in  the  business  of  operating 
cars,  not  otherwise  listed  for  taxation  in  this  State,  for 
the  transportation,  accommodation,  comfort,  convenience 
or  safety  of  passengers,  on  or  over  any  railway  line  or 
lines,  in  whole  or  in  art  within  this  State,  whether  such 
cars  be  termed  sleeping,  palace,  parlor,  chair,  dining  or 
buffet  cars,  or  by  some  other  names,  shall  be  deemed 
to  be  a  sleeping  car  company.  Each  person,  firm  or 
corporation  engaged  in  the  business  of  operating  or  run- 
ning sleeping  cars  (except  railroad  companies  operating 
their  own  sleeping  cars),  and  doing  business  in  this  State, 
shall  each  pay  in  advance  on  the  first  day  of  January  of 
each  year  to  the  State  treasurer  the  sum  of  $5,500  as 
and  for  license,  privilege  and  franchise  taxes  ;ind  in  full 
satisfaction  for  all  taxes  imposed  on  sleeping  car  busi- 
ness of  such  person,  firm  or  corporation  and  upon  the 
proi)erty  and  intangible  assets  used  in  such  business, 
and  no  company  or  persons  required  to  pay  such  taxes  to 
the  State  shall  be  required  by  any  municipality  in  which  it 
does  business  by  agent  to  pay  any  sum  as  a  license  or 
privilege  tax  greater  than  $10  for  any  such  municipality, 
which  may  be  authorized  by  law  to  collect  a  privilege  tax 
or  license  tax  of  such  company  or  person.  And  each 
such    sleeping   car    company    shall    pay    the    said    sum    of 


$5,500   for   the   year   1911    on   or   before   the   first   day   of 
July  of  said  year. 

FREIGHT    LINE    OR    EQUIPMENT    COMPANY. 

Freight  line  or  equipment  companies.  §  33d.  Any  per- 
son or  persons,  joint  stock  association  or  corporation, 
wherever  organized  or  incorporated,  engaged  in  business 
of  operating  cars,  not  otherwise  listed  for  taxation  in 
this  State,  for  the  transportation  of  freight,  whether  such 
freight  is  owned  by  such  company  or  any  other  person  or 
company,  over  any  railway  line  or  lines  in  whole  or  in, 
part  within  this  State,  such  line  or  lines  not  being  owned, 
leased  or  operated  by  such  company,  whether  such  car 
be  termed  box,  flat,  coal,  ore,  tank,  stock,  gondola,  furni- 
ture or  refrigerator  cars,  or  by  some  other  name,  shall 
be  deemed  to  be  a  freight  line  company;  any  person  or 
persons,  joint  stock  association  or  corporation,  wherever 
organized  or  incorporated,  engaged  in  the  business  of 
furnishing  or  leasing  cars  of  whatever  kind  or  descrip- 
tion to  be  used  in  the  operation  of  any  railway  line  or 
lines,  wholly  or  partially  within  this  State,  such  line  or 
lines  not  being  owned,  leased  or  operated  by  such  com- 
pany, and  such  cars  not  being  otherwise  listed  for  taxation 
in  this  State  shall  be  deemed  to  be  an  equipment  com- 
pany. Every  freight  line  or  equipment  company  doing 
business  or  owning  cars  which  are  operated  in  this  State, 
shall  annually  between  the  first  day  of  January  and  the 
first  day  of  March,  under  oath  of  the  person  constituting 
such  company,  if  a  person,  or  under  oatU  of  the  president, 
secretary,  treasurer,  superintendent  or  chief  officer  of 
such  association  or  corporation,  if  an  association  or  cor- 
poration, make  and  file  with  the  State  tax  commission  a 
statement,  in  such  form  as  the  State  tax  commissioif 
may  prescribe,  showing  the  gross  income  of  said  freight 
line  or  equipment  company  received  from  the  railroad 
companies  operating  wholly  or  partially  within  this  State; 
and  the  gross  income  of  said  freight  line  or  equipment 
company  from  every  other  source  whatsoever  received 
within  this  State.  It  shall  be  the  duty  of  the  State  tax 
commission  in  the  month  of  May  of  each  year,  or  as 
soon  thereafter  as  practicable,  to  assess  to  each  freight 
line  or  equipment  company  doing  business  or  owning 
cars  which  are  operated  within  this  State,  a  sum  in  the 
nature  of  an  excise  tax  or  license,  to  three  per  cent  of  the 
gross  amount  of  income  from  all  sources  within  the 
State  reported  by  each  freight  line  or  equipment  com- 
pany. It  shall  be  the  duty  of  each  freight  line  or  equip- 
ment company,  so  assessed,  to  pay  the  amount  of  said 
assessment  within  the  time  prescribed  for  the  payment 
of  other  taxes  or  license  to  the  auditor  of  the  State,  who 
shall  promptly  cover  the  same  into  the  State  treasury. 
Should  any  freight  lino  or  equipment  company  fail  or 
refuse  to  make  the  statement  herein  provided  for,  it  shall 
be  the  duty  of  the  State  tax  commission  to  ascertain  the 
gross  amount  of  the  income  of  said  freight  line  or  equip- 
ment company  from  the  report  filed  with  the  interstate 
commerce  commission  of  the  United  States  by  said  freight 
line  or  equipment  company,  and  from  said  reports  compute 
the  income  of  said  freight  line  or  equipment  company,  on 
a  mileage  basis,  and  levy  a  tax  of  four  per  cent  on  said 
income  of  said  freight  line  or  equipment  company  in 
proportion  that  the  mileage  of  the  railroad  companies 
operating  within  this  State,  over  which  said  freight  line 
or  equipment  company  operates  its  cars  within  this  State 
shall  bear  to  the  whole  mileage,  shown  by  the  report 
filed  with  the  Interstate  Commerce  Commission  of  the 
United  States,  adding  thereto  50  per  cent  of  the  amount 
so  ascertained,  and  all  expenses  of  obtaining  the  report 
filed  with  the  Interstate  Commerce  Commission  of  the 
United  States,  as  a  penalty.  The  tax  and  penalty  herein 
provided  for,  shall  be  enforced  and  collected  after  be- 
coming delinquent,  in  the  same  manner  and  by  the  same 
means  as  other  taxes  are  collected,  and  it  shall  be  the 
duty  of  the  State  auditor  to  enforce  it. 

Unlaivful  to  carry  on  business  without  license.  §  33g. 
It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
engage  in  or  carry  on  business,  or  any  act  for  which  a  li- 
cense or  franchise  tax  is  by  law  required,  without  having 
first  paid  for  or  taken  out  a  license  therefor  in  the  man- 
ner as  provided  by  law. 

Invalidity  of  section  ineffective  as  to  Act.  §  34.  That 
should  any  court  declare  any  section  of  this  Act  un- 
constitutional, it  shall  not  affect  the  remaining  sections, 
but  the  same  shall  remain  in  full  force  and  effect. 


282 


National  Association  of  Railway  Commissioners 


l| 


When  delinquent.  S  35.  All  license  taxes  herein  levied 
shall  become  delinquent  if  not  paid  before  February  1  of 
each  year;  provided,  that  the  license  taxes  for  the  year 
1911  shall  become  delinquent  if  not  paid  within  90  days 
after  this  Act  is  approved  by  the  governor. 

Effect.  §36.  This  Act  shall  go  into  effect  on.  January 
1,  1912,  as  to  all  provisions  affecting  licenses  except 
where  licenses  by  this  Act  are  levied  on  persons  or 
occupations  not  heretofore  required  to  pay  a  license  tax. 
The  provisions  of  this  Act  as  to  levying  a  license  tax  on 
all  persons  and  occupations  not  heretofore  required  to 
pay  a  license,  shall  go  into  effect  30  days  after  the  passage 
of  this  Act. 

Property  assessed  at  GO  per  cent  of  value.  §  36a.  That 
the  taxable  property  within  this  State  shall  be  assessed, 
for  the  purpose  of  taxation,  of  60  per  cent  of  its  fair  and 
reasonable  cash  value. 

Maximum  amount  of  municipal  tax  levied  on  common 
carriers.  §  36b.  The  maximum  amount  of  privilege  or 
license  tax  which  the  several  municipalities  within  this 
State  may  annually  assess  and  collect  of  persons,  firms 
or  corporations  operating  railroads  in  this  State  as 
common  carriers  for  the  privilege  of  doing  intrastate 
business  within  the  limits  of  such  municipalities,  whether 
such  companies  are  incorporated  under  the  laws  of  this 
State  or  any  other  State,  or  whether  incorporated  at  all 
or  not,  is  hereby  prescribed  and  fixed  as  follows:  In 
municipalities  having  a  population  of  not  exceeding  250 
inhabitants,  $10;  in  municipalities  having  a  population 
of  more  than  250  inhabitants  and  not  exceeding  500  in- 
habitants, $15;  in  municipalities  having  a  population  of 
more  than  500  inhabitants  and  not  exceeding  750  in- 
habitants, $20;  in  municipalities  having  a  population  of 
more  than  1,000  inhabitants  and  not  exceeding  5,000  in- 
habitants, $25  for  the  first  1,000  inhabitants  and  $25  for 
each  additional  1,000  inhabitants  or  a  majonty  fraction 
thereof;  in  municipalities  having  a  population  of  more 
than  5,000  inhabitants  and  not  exceeding  10,000  inhabi- 
tants," $25  for  the  first  1,000  inhabitants  and  $30  for  each 
additional  1,000  inhabitants  or  majority  fraction  thereof; 
in  municipalities  having  a  population  of  more  than  10,000 
inhabitants,  .$25  for  the  first  1,000  inhabitants  and  $35 
for  each  additional  1,000  inhabitants  or  majority  fraction 
thereof;  but  in  no  case  shall  any  municipality  assess  or 
collect  such  a  privilege  or  license  tax  exceeding  $2,000. 
In  arriving  at  the  amount  of  privilege  or  license  tax 
which  may  be  assessed  and  collected  under  the  provi- 
sions of  this  subdivision  the  population  of  the  several 
cities  and  towns  shall  be  computed  and  based  upon  the 
federal  census  next  preceding  the  year  for  which  such 
license   tax  is   assessed  from   year  to  year. 

Appeals  from  assessment.  §  36c.  From  any  final  assess- 
ment of  tangible  or  intangible  property  for  taxes  fixed 
by  any  officers,  board  or  tribunal  charged  with  the  duty 
of  assessing  tangible  or  intangible  property  for  taxes,  or 
with  the  duty  of  revising  or  reviewing  assessments  of 
property  or  taxes,  the  owner,  in  case  the  property  lies 
entirely  within  one  county,  may  appeal  to  the  Circuit 
Court,  or  any  court  of  like  jurisdiction  of  the  county  in 
which  the  property  lies,  and,  in  case  the  property  lies 
in  more  than  one  county,  the  owner  may  appeal  to  the 
Circuit  Court,  or  any  other  court  of  like  jurisdiction  of 
any  county  in  which  any  of  the  property  lies.  All  such 
appeals  may  be  taken  within  30  days  after  the  date  of 
the  assessment  or  after  the  date  of  the  final  decision  of 
the  officer,  board  or  tribunal,  in  case  the  assessment  is 
revised  or  reviewed  by  any  officer,  board  or  tribunal 
charged  with  the  duty  of  making  such  revision  or  review 
within  30  days  after  the  decision  of  such  officer,  board 
or  tribunal,  upon  the  owner  giving  bond,  with  sureties 
to  be  approved  by  the  judge  or  clerk  of  the  court  to 
which  the  appeal  is  taken,  and  payable  to  the  State  of 
Alabama  in  double  the  amount  of  State  and  county 
taxes  lawfully  due  on  such  assessment  or  valuation  as 
fixed  by  said  assessment,  or  by  the  decisions  of  the 
ofllcer,  board  or  tribunal  by  whom  such  assessment  has 
been  revised  or  reviewed,  conditioned  to  prosecute  said 
appeal  to  effect  and  to  pay  all  lawful  taxes  which  may 
b€  held  by  the  court  to  be  or  to  become  due  on  said 
property,  according  to  such  valuation  as  may  be  deter- 
mined by  the  court.  The  trial  upon  such  appeal  shall 
be  de  novo,  and  the  court  shall  render  judgment  against 
appellant  for  such  taxes  as  may  be  or  become  lawfully 


due  on  said  property,  and  on  the  hearing  of  said  appeal 
the  owner  may  introduce  any  legal  evidence  bearing  upon 
the  reasonable  value  of  the  property  assessed,  including 
in  cases  where  tangible  values  are  assessed,  the  aggre- 
gate value  of  both  the  tangible  and  intangible  assets,  or 
bearing  upon  any  inequalities  in  the  assessment  of  said 
property  with  the  assessed  values  of  other  properties 
in  the  locality  and  similarly  situated,  and  may  also 
introduce  evidence  of  the  real  value  of  any  taxable  prop- 
erty in  the  locality  or  similarly  situated  and  the  assessed 
value  thereof  as  compared  with  such  real  value.  In 
determining  the  amount  at  which  such  property  sho\ild 
be  assessed,  the  jury  shall  take  into  consideration  all 
evidence  in  the  case,  and  assess  the  property  of  such 
owner,  both  tangible  and  intangible,  at  the  same  propor- 
tion of  the  real  value  as  the  assessed  value  of  other 
property  in  this  locality  and  similarly  situated  bears  to 
the  real  value  thereof,  as  shown  by  the  consideration 
of  the  entire  evidence;  to  the  the  end  that  all  propeity 
shall  be  assessed  at  the  same  proportion  of  its  real  value, 
whether  the  same  is  assessed  by  any  State  board  or  State 
officer,  or  by  the  several  tax  assessors,  or  court  of  cour  ty 
commissioners,  or  other  courts  of  like  jurisdiction.  All 
such  appeals  shall  be  preferred  cases  and  shall  be  set 
for  trial  at  the  first  succeeding  term  of  the  court  afier 
said  appeal  is  taken,  unless  the  court  shall  be  in  sessian 
at  the  time  the  appeal  is  taken,  in  which  event  the  case 
shall  be  set  for  trial  during  the  term  then  in  sessioa; 
provided,  however,  that  no  such  appeal  shall  suspe  id 
the  right  of  the  State  to  collect  from  the  appellant  taxes 
upon  his  property  at  the  valuation  fixed  for  assessment 
for  the  preceding  tax  year,  and  the  appellant  shall,  wh  >n 
taxes  are  due,  pay  all  taxes  due  at  the  assessed  vah  a- 
lion  of  such  preceding  year.  If  the  judgment  of  the  coi  rt 
shall  be  rendered  after  the  appellant  shall  have  paid  taxes 
based  upon  the  assessed  valuation  for  such  precedi  ig 
year,  the  court  shall  ascertain  and  determine  the  amouat 
of  taxes  so  paid  and  render  judgment  only  for  the  dif- 
ference due  upon  the  assessed  valuation  for  such  p:  e- 
ceding  year  and  the  valuation  as  fixed  by  the  cou  t. 
From  the  judgment  of  the  trial  court  either  party  m  <.y 
appeal  to  the  Supreme  Court  within  30  days  from  t  ."e 
rendition   of  the  judgment. 

Maximum  amount  of  municipal  tax  on  street  railw  y 
companies,  etc.  §  36f.  The  maximum  amount  of  privile  ;e 
or  license  tax  which  the  several  municipalities  with  ,n 
the  State  may  annually  assess  and  collect  of  persoi  s, 
firms  or  corporations  operating  street  railroads,  electi  ic 
light  companies,  gas  companies,  steam  heating  compani  iS 
and  waterworks  companies,  under  the  laws  of  this  Sta:e 
or  any  other  State,  or  whether  incorporated  at  all  or  m  t, 
shall  not  exceed  2  percentum  of  the  gross  receipts  jf 
said  business  of  such  persons,  firms  or  corporation;; 
provided,  however,  that  the  amount  paid  by  such  p(  r- 
sons,  firms  and  corporations  as  intangible  property  tax  o 
such  municipalities  shall  be  allowed  as  a  credit  on  a:  id 
against   the   said   privilege   or   license   tax. 

Repeal.  §  37.  That  all  laws  and  parts  of  laws  in  cc  n- 
flict  with  this  Act  be,  and  the  same  are  hereby  repeah  d. 
*     •     * 

Approved  March  31,  1911. 

REFUSAL  TO  CARRY  PASSENGERS. 

§  1.  Be  it  enacted  by  the  legislature  of  Alaban  afl 
that  an  Act  entitled  "An  Act  to  make  railroad  corpoi  a-i 
tions  and  other  common  carriers  liable  in  damages  to 
passengers  or  persons  desiring  to  become  passengers,  for 
refusing  to  carry  such  persons  between  points  in  tl  is 
State  at  which  regular  stops  are  made  on,  and  let  (iff 
passengers  at  the  rate  or  fare  which  has  been  or  m  ly 
hereafter  be  prescribed  by  statute,  or  the  rate  which  has 
been  or  may  hereafter  be  established  by  the  railroad  com- 
mission ;  to  authorize  actions  to  recover  such  damages 
and  prescribe  the  period  within  which  such  actions  nja 
be  brought  and  the  procedure,"  approved  December' 
1907,   be,  and   the   same   is  hereby,   repealed. 

Approved   August  20,   1909. 


lages 

1 


SERVICE  OF  PROCESS  ON  RAILROAD. 
Be  it  enacted  hy  the  legislature  of  Alabama: 

That  §  5304  of  the  Code  of  1907  be  amended  so  as 
to  read  as  follows:  5304  (3275).  Service  on  person  or 
corporation  operating  railroad  of  domestic  corporation, 
and  on  owner  of  such  railroad.     Whenever  any  railroad 


Public  Seryick  Laws 


283 


corporation  created  by  the  authority  of  the  laws  of  this 
State  shall  permit  its  railroad  to  be  used  or  operated 
by  any  other  person  or  corporation,  whether  by  contract 
or  otherwl.se,  process  issuing  against  the  person  or  cor- 
poration so  using  or  operating  such  railroad  may  be  served 
upon  any  station  agent  or  person  in  charge  of  any  depot 
along  the  line  of  such  railroad,  and  any  station  agent  or 
person  in  charge  of  any  depot  along  the  line  of  such 
railroad  shall  be  deemed  and  hei4-  tbe  agent  of  "the  owner 
of  such  railroad  for  the  purpose  of  the  service  of  process 
Issuing  against  such  owner,  whether  such  railroad  is 
being  operated  by  the  owner  thereof  or  by  another. 
Approved  August  26,  1909. 

CONDEMNATION. 
Be  it  enacted  by  the  legislature  of  Alabama: 

That  §  3484  of  the  Code  of  Alabama  be,  and  the  same 
is  hereby  amended  so  as  to  read  as  follows: 

Railroad  right  of  way  for  main  line,  switches,  etc.,  may 
be  acquired.  §  3484.  Railroad  companies  may  by  condemna- 
tion acquire  real  estate  for  ways  and  rights  of  way,  not 
exceeding  100  feet  in  width,  throughout  the  entire  length 
of  Its  lines,  and  such  other  lands  as  may  be  necessary 
for  ways  and  rights  of  way  for  switches,  turnouts,  side- 
tracks, extensions  and  branch  roads,  not  exceeding  100 
feet  in  width,  throughout  the  entire  length  of  such 
switches,  turnouts,  sidetracks,  extensions  and  branch 
roads,  and  such  other  lands  as  may  be  necessary  in  mak- 
ing heavy  excavations  or  embankments,  or  for  the  pur- 
post  of  wasting  material  from  excavations,  or  for  borrow- 
ing earth  or  other  material  for  the  construction  of  em- 
bankments, or  for  protecting,  making  and  keeping  safe, 
and  perfecting  its  roadway,  together  with  the  right  to 
remove  all  such  trees  outside  thereof  as  might  by  falling 
upon,  or  shading  the  roadway,  Injure  the  same,  and  may 
relocate  any  portion  of  its  line  for  purpose  of  straighten- 
ing or  otherwise  Improving  the  same,  and  for  that  pur- 
pose may  acquire,  by  gift,  purchase  or  condemnation,  all 
necessary  rights  of  way  over  lands,  and  abandon  its 
original  or  c"onstructed  line,  but  it  shall  not  change  its 
termini  or  make  an  entire  departure  from  Its  original 
line  between  such   termini. 

Approved    August    20,    1909. 

PASSENGERS  WITHOUT  TICKETS. 

An  Act  approved  August  20,  1909,  repeals  an  Act 
entitled  "An  Act  to  prohibit  railroads  and  other  common 
carriers,  or  terminal  companies,  or  other  companies  or 
persons  controlling  access  to  passenger  trains  from 
preventing  access  to  regular  trains  carrying  passengers 
by  the  use  of  fences,  gates,  bars,  or  by  any  means  what- 
soever of  any  person  desiring  to  take  passage  on  said 
train  between  points  within  this  State,  when  such  per- 
son has  offered  to  purchase  a  ticket  at  the  rate  pre- 
scribed by  statute,  or  fixed  by  the  railroad  commission, 
and  the  sale  of  such  ticket  at  such  rate  has  been  re- 
fused; to  prescribe  the  penalty  for  violations  thereof,  the 
period  within  which  proceedings  may  be  instituted  to 
recover  such  penalties  and  the  procedure  for  the'  re- 
covery of  the  same,"  approved  December  3,  1907. 

PASSENGER  EJECTED  FROM  TRAIN. 

An  Act  approved  August  20,  1909,  repeals  "An  Act  to 
authorize  the  recovery  of  damages  by  any  person  who 
has  been  ejected  from  any  regular  passenger  train,'  of 
any  railroad  in  this  State,  for  refusal  to  pay  a  greater 
or  higher  rate  of  fare  than  that  prescribed  by  statute 
or  by  the  railroad  commission  and  to  prescribe  the  period 
within  which  such  action  may  be  brought,"  approved  De- 
cember   3,    1907. 

CARRIAGE  OP  EXPLOSIVES. 

Be  it  enacted  by  the  legislature  of  Alabama: 

Unlaivful  to  carry  dynamite,  etc.,  on  car,  etc.,  on  which 
passengers  are  carried.  §  1.  That  it  shall  be  unlawful  to 
transport,  carry  or  convey,  or  cause  to  be  transported, 
carried  or  conveyed,  any  dynamite,  gunpowder  or  other 
explosive  between  any  points  or  places  within  the  State 
of  Alabama  on  any  vessel,  car  or  vehicle  of  any  descrip- 
tion, operated  by  a  common  carrier,  which  vessel,  car  or 
vehicle  Is  carrying  passengers  for  hire;  provided,  that  it 
shall  be  lawful  to  transport  on  any  such  vessel,  car  or 
vehicle,    small-arms,    ammunition    in    any    quantity,    and 


such  fuses,  torpedoes,  rockets  or  other  signal  devices  as 
may  be  essential  to  promote  safety  in  operation,  and 
properly  packed  and  marked  samples  for  laboratory 
examination,  not  exceeding  a  net  weight  of  one-half  pound 
each,  and  not  exceeding  20  samples  at  one  time  in  a 
single  vessel,  car  or  vehicle;  but  such  samples  shall  not 
be  carried  in  that  part  of  a  vessel,  car  or  vehicle  which 
is  intended  for  the  transportation  of  passengers  for  hire, 
and  provided,  further,  that  nothing  in  this  section  shall 
be  construed  to  prevent  the  transportation  of  military 
or  naval  forces,  with  their  accompanying  munitions  of 
war,  on  passenger-equipment  vessels,  cars  or  vehicles. 

Unlawful  to  carry  on  car,  etc.,  of  comvion  carrier,  etc., 
on  which  passengers  are  carried  liquid  nitroglycerine,  etc. 
§  2.  That  it  shall  be  unlawful  to  transport,  carry  or  con- 
vey, or  cause  to  be  transported,  carried  or  conveyed, 
liquid  nitroglycerine,  fulminate  in  bulk  In  dry  condition, 
or  other  like  explosive,  between  any  points  or  places 
within  the  State  of  Alabama,  on  any  vessel,  car  or 
vehicle  of  any  description  operated  by  a  common  carrier 
in  the  transportation  of  passengers  or  articles  of  com- 
merce, by  land  or  water. 

Package  containing  explosives  to  be  marked.  §  3.  Every 
package  containing  explosive  or  other  dangerous  articles, 
when  presented  to  a  common  carrier  for  shipment,  shall 
have  plainly  marked  on  the  outside  thereof  the  contents 
thereof,  and  it  shall  be  unlawful  for  any  person,  part- 
nership or  corporation  to  deliver  for  transportation  to 
any  common  carrier  engaged  in  commerce  by  land  or 
water,  or  to  cause  to  be  delivered  or  to  carry  any  ex- 
plosive or  other  dangerous  article,  under  any  false  or 
deceptive  marking,  description,  invoice,  shipping  order 
or  other  declaration,  or  without  Informing  the  agent  of 
such  carrier  of  the  true  character  thereof,  at  or  before 
the  time  such  delivery  or  carriage  is  made,  and  It  shall 
be  unlawful  for  any  person  to  carry  or  place,  or  cause 
to  be  carried  or  placed  on  any  vessel,  car  or  othei^ 
vehicle  on  which  passengers  are  carried  for  hire,  any 
of  the  explosives  in  this  Act  prohibited  from  being  car- 
ried on  vessels,  cars  or  other  vehicles  on  which  pas- 
sengers are  carried  for  hire.  The  railroad  commission 
of  Alabama  shall  formulate  regulations  for  the  safe 
transportation  of  explosives  between  points  or.  places  In 
Alabama,  which  shall  be  binding  upon  all  common  car- 
riers and  shippers  and  their  agents.  Said  commission, 
of  its  own  motion,  or  upon  application  made  by  any 
Interested  party,  may  make  changes  or  modifications  in 
such  regulations  made  desirable  by  new  Information  or 
altered  conditions.  Such  regulations  shall  be  In  accord 
with  the  best  known  practicable  means  for  securing 
safety  In  transit,  covering  the  packing,  marking,  loading, 
handling  while  in  transit  and  the  precautions  necessary 
to  determine  whether  the  material  when  offered  is  In 
proper  condition  to  transport.  Such  regulations,  as  well 
as  all  changes  or  modifications  thereof,  shall  take  effect 
30  days  after  their  formulation  and  promulgation  by  said 
commission,  and  shall  be  in  effect  until  set  aside  or 
modified. 

Penalty  for  violation.  §  4.  Any  person,  partnership  or 
corporation  who  knowingly  violates  or  causes  to  be  vio- 
lated any  of  the  foregoing  provisions  of  this  Act,  or  any 
regulation  made  by  the  railroad  commission  of  Alabama 
in  pursuance  thereof,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished 
for  each  offense  by  a  fine  not  exceeding  $2,000,  or  by 
imprisonment  not  exceeding  18  months,  or  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court. 

Penalty  when  death  or  bodily  injury  occurs.  §  5.  That 
when  the  death  or  bodily  injury  of  any  person  is  caused 
by  the  explosion  of  any  article  named  in  this  Act,  while 
the  same  is  being  placed  upon  any  vessel  or  vehicle  to 
be  transported,  in  violation  thereof,  or  while  the  same 
Is  being  so  transported,  or  while  the  same  is  being 
removed  from  such  vessel  or  vehicle,  the  person  know- 
ingly placing  or  aiding  or  permitting  the  placing  of 
such  article  upon  any  such  vessel  or  vehicle,  to  be  so 
transported,  shall  be  guilty  of  a  felony,  and  may  be  Im- 
prisoned in  the  penitentiary  for  not  more  than  10  years.    - 

Repeal.  §  6.  That  all  laws  and  parts  of  laws  in  con- 
flict with  the  provisions  of  this  Act  be,  and  the  same  are 
hereby,  repealed. 

Approved  April   13,   1911. 


284 


National  Association  of  Railway  Commissioners 


EXTENSIONS  OP  RAILROADS. 

PROCEEDINGS  TO  CARRY  OUT  EXTENSIONS,  ETC.,  BY  R.\ILROADS,  ETC. 

Be  it  enacted  t>y  the  legislature  of  Alahama: 

§  1  That  §  3499  of  the  Code  be,  and  the  same  is 
hereby,  amended  so  as  to  read  as  follows:  3499.  Proceed- 
ings to  carrv  out  extensions,  connections,  branch  roads, 
«tc.— Railroad,  mining,  manufacturing  and  quarrying 
companies  may  purchase,  lease  or  acquire  in  any  other 
manner,  hold  and  operate  a  railroad  or  railroads  or  canals 
without  this  State  for  the  purpose  of  making  extensions 
or  connections,  and  within  this  State  may  extend  their 
roads,  or  may  construct  and  operate  branch  roads  from 
any  point  or  points  on  their  lines,  and  may  also  construct 
and  operate  second  tracks  or  roads,  or  branch  roads, 
connecting  any  two  points  on  their  lines.  Such  purchase 
must  be  made  by  resolution  of  the  board  of  directors, 
which  must  be  submitted  to  a  meeting  of  the  stockholders 
called  for  the  purpose  of  its  consideration;  at  such  meet- 
ing such  resolution  must  be  approved  by  the  vote  of 
holders  of  the  larger  amount  in  value  of  the  stock;  and  if 
such  resolution  be  so  approved,  a  copy  thereof  and  of  the 
proceedings  of  the  meeting  of  the  stockholders,  certified 
by  the  president  and  the  secretary,  under  the  corporate 
seal,  must  be  filed  and  recorded  in  the  office  of  the 
■secretary  of  State.  Such  extension  or  construction  of 
such  branch  and  second  tracks  or  roads  must  be  made  by 
resolution  of  the  board  of  directors,  to  be  entered  in 
the  record  of  the  proceedings  of  the  corporation,  desig- 
nating the  point  from  which  such  extension  or  such  second 
tracks  or  roads,  or  branch  roads,  is  to  be  constructed. 
A  copy  of  such  resolutions,  certified  by  the  president  and 
secretary,  under  the  corporate  seal,  must  be  filed  in  the 
office  of  the  secretary  of  State,  and,  thereafter,  for  the 
purpose  of  making  such  extension  or  building  such  branch 
and  second  tracks  or  roads,  such  corporation  shall  have 
all  the  rights,  powers  and  immunities  which  are  now  or 
may  hereafter,  by  the  laws  of  this  State,  be  granted 
to  and  vested  in  railroad  corporations  under  and  by 
virtue  of  the  general  incorporation  laws  of  this  State. 
Approved,  April  21,  1911. 

SALE  OF  UNCLAIMED  FREIGHT. 
Be  it'enactea  hy  the  legislature  of  Alabama: 

Sale  of  unclaimed  freight  not  perishable.  §  1.  That 
any  express  company,  railroad  company  or  other  company 
engaged  in  the  business  of  a  common  carrier,  having  an 
office  or  place  of  business  in  this  State,  and  having  any 
unclaimed  articles,  not  perishable,  in  its  possession  for  a 
period  of  60  days,  may,  at  the  expiration  of  that  time, 
sell  the  same  at  public  auction,  and.  out  of  the  proceeds 
thereof,  may  retain  the  transportation  charges,  storage, 
advertisement  and  sale,  and  said  sale  may  be  held  at  any 
point  where,  in  the  opinion  of  the  officers  of  such  com- 
mon carrier  the  best  prices  can  be  obtained;  provided, 
liowever,  that  notice  of  such  sale  shall  be  mailed  to  the 
consignor  and  consignee  in  writing  not  less  than  15  days 
before  such  sale  shall  be  made,  or  notice  of  such  sale 
shall  be  published  for  two  weeks  in  some  newspaper  of 
general  circulation  published  at  the  point  of  destination; 
provided,  that  if  there  be  no  such  paper  published,  may  be 
made  in  any  paper  having  a  general  circulation  in  this 
State. 

Sale  of  perishable  freight.  §  2.  Where  such  unclaimed 
freight  is  perishable,  such  carrier  may  sell  the  same  as 
soon  as  it  is  deemed  necessary  and  proper  for  the  protec- 
tion of  the  carrier,  the  consignor  or  the  consignee.  When 
it  is  practicable,  the  consignor  and  consignee  shall  be 
notified   of   the   proposed   sale   of   such    perishable   goods. 

Record  kept  as  to  sales,  etc.  §  3.  A  record  shall  be  kept 
of  the  articles  sold  and  of  the  prices  obtained  therefor, 
and  the  surplus,  if  any,  after  payment  of  transportation 
charges,  storage,  advertisement  and  sale  shall  be  paid  to 
the  owner  of  such  articles,  if  demanded  at  any  time  within 
two  years  from  the  date  of  such  sale. 
Be  it  further  enacted: 

Repeal.  §  4.  That  all  laws  and  parts  of  laws  in  conflict 
with  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  April   13,   1911. 

STEALING  CURRENT,  ETC. 
Be  it  enacted  by  the  legislature  of  Alabama: 

Penalty  for  certain  acts.  §  1.  That  any  person  who 
shall  maliciously,  or  with  intent  to  injure  or  defraud,  do 
or  commit,  or  shall  aid  or  abet  in  the  commission  of  any 


of  the  following  acts,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  flO  nor 
more  than  $500,  and  may  also  be  imprisoned  in  the  county 
jail,  or  at  hard  labor  for  the  county,  for  not  less  than  10 
days  nor  more  than  six  months,  one  or  both,  at  the  dis- 
cretion of  the  judge  or  jury  trying  the  case,  to-wit:    (A) 
Connects  a  tube,  pipe,  wire  or  other  instrument  or  con- 
trivance with  a  pipe  or  wire  used  for  the  conducting  or 
supplying    of    illuminating    gas,    fuel    gas,    electricity    or 
steam,  in  such  a  manner  as  to  supply  such  gas  or  elec- 
tricity or  steam  to  any  burner,  orifice,  lamp,  motor  or  pipe, 
where   the   same   is   or   can   be   burned   or   used,   without 
passing   through    the    meter   or    instrument    provided    for 
registering  the  quantity  consumed,  or  (B)  destroys,  alters 
or   prevents   the   action   of   a   meter   or   other   instrumefit 
used  to  measure  or  register  the  quantity  of  illuminating 
gas,  fuel  gas,  electricity  or  steam,  consumed  in  a  house  cr 
apartment,   or  at  an   oflice,   burner,   lamp,   motor   or   pips, 
or  by   a  consumer  or  other   person,   or   detaches   or   dis- 
connects such  meter  or  other  instrument,  or   (C)   in  any 
manner  whatever  changes,  extends  or  alters  any  service 
or  other  pipe,  wire  or  attachment  of  any  kind,  connectinj;, 
or    through   which   artificial   gas,    electricity   or   steam   is 
furnished  from,  the  gas  mains  or  pipes  or  wires,  or  source 
of  supply,  of  any  person,  company  or  corporation;  or  (D) 
makes    any    connections   or   re-connections    with    the   gas 
mains,  service  pipes  or  wires  of  any  person,  company  or 
corporation    furnishing  to   consumers   artificial    gas,   ele( - 
tricity  or  steam,  or  turns  on  or  off  or  in  any  manner  ii  - 
terferes  with  any  valve  or  stop-cock  or  other  appliance  b<  - 
longing  to  such  person,  company  or  corporation  and  coi  - 
nected  with  its  gas  mains,  service  or  other  pipes  or  wires; 
or    (E)    retains   possession   of   or   refuses   to   deliver   an' 
meter  or  meters,  lamp  or  lamps,  or  other  appliances  whic  i 
may  be  or  may  have  been  loaned  or  rented  by  any  pei  • 
son,   company  or  corporation  for  the  purpose  of  furnisl  - 
ing  gas,   electricity  or  steam   through   the   same,  or  wh  ) 
sells,  loans  or  in  any  manner  disposes  of  the  same  to  an  • 
person  or  persons,  other  than  the  said  person,  compan  • 
or   corporation   entitled   to   the   said    person,   company   o  • 
corporation   entitled    to    the    iwssession   of   the    same;    o 
(F)   sets  on  fire  any  gas  escaping  from  broken  or  leaV 
ing  mains,  pipes,  valves  or  other  appliances  used  by  an 
person,    company    or    corporation    in    conveying    gas    t  < 
consumers,   or  interferes   in  any  manner  with  the   pipei . 
mains,   gate  boxes,   valves,   stopcocks,   wires,  cables,  con 
duits,  or  any  other  appliances,  machinery  or  property  of  an  • 
person,  company  or  corporation  engaged  in  furnishing  gas . 
electricity  or  steam. 

Prima  facie  evidence  as  to  acts.  §  2.  Proof  that  any  c  f 
the  acts  herein  above  specified  was  done  on  the  premises  i  i 
the  possession  of  the  accused,  or  that  the  accused  r<  ■ 
ceived  the  benefit  of  any  such  act  or  acts,  shall  be  prim  t 
facie  evidence  that  the  accused  committed  such  act,  o* 
aided  or  abetted  in  the  commission  thereof  maliciouslj ,_ 
or  with  intent  to  injure  or  defraud. 
Approved    November   30,    1907. 

STREET  RAILWAY  TRANSFERS— 1907. 
Be  it  enacted  by  the  legislature  of  Alabama: 

Authority  to  adopt  rules,  etc.,  as  to  issue  of  transfer; . 
That  any  person  or  corporation  operating  a  street  rai  - 
road  within  the  State  of  Alabama  shall  have  the  power 
and  authority,  the  corporation  acting  by  and  through  its 
president  or  other  authorized  managing  officer,  to  adoit 
rules  and  regulations  for  the  issue  and  use  of  any  tram - 
fer  tickets,  commonly  called  "transfer;"  any  in  and  b\' 
such  rules  or  regulations  the  time  when,  and  the  per- 
sons by  whom,  and  the  iiersons  to  whom  the  same  ma\' 
be  issued  and  used,  and  the  car  or  cars,  route  or  routes 
upon  which  such  transfers  may  be  used,  and  such  other 
matters  as  may  be  necessary  for  the  protection  of  the 
person  or  corporation  making  the  same,  may  be  pn^- 
scribed. 

Unlatcful  for  parties  not  authorized  to  issue,  etc.  i  '.'.. 
That  it  shall  be  unlawful  for  any  person  not  authorized 
by  such  rules  or  regulations  to  issue,  give  away  or  other- 
wise dispose  of  any  such  transfers  except  for  the  pur- 
pose and  in  the  manner  prescribed  by  such  rules  or 
regulations. 

Unlatoful  to  use  transfers  not  properly  issued.  §  3.  That 
it  shall  be  unlawful  for  any  person  to  use  any  of  such 
transfers  which  are  not  issued  by  the  person,  and  in 
the  manner   prescribed  by  such   rules  or  regulations,  and 


11 


Public  Service  Ijaws 


285 


for  any  person  to  use  any  such  transfer,  when  properly, 
issued,  for  any  other  purpose,  or  in  any  other  manner 
than  that  authorized  by  such  rules  or  regulations. 

Penalty  for  issue,  etc.,  of  in  violation  of  rules  by  con- 
ductors, etc.  §  4.  That  any  conductor,  or  other  agent  of 
any  person  or  corporation  operating  any  such  street  rail- 
road, who  shall  issue  or  otherwise  dispose  of  any  such 
transfer  wilfully  in  violation  of  any  such  rules  of  regu- 
lations as  are  now  or  may  hereafter  be  adopted  by  the 
person  or  corporation  operating- such  street  railroad,  or 
any  conductor  or  other  agent  of  any  person  or  corpora- 
tion operating  any  such  street  railroad,  who  shall,  with 
the  intent  to  injure  or  defraud,  issue  or  otherwise  dis- 
pose of  any  such  transfers  in  violation  of  any  such  rules 
or  regulations,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be,  for  each  offense,  fined  not 
exceeding  $200,  and  may  also  be  sentenced  to  imprison- 
ment in  the  county  jail,  or  to  hard  labor  for  the  county, 
for  not  exceeding  12  months,  one  or  both,  at  the  discre- 
tion  of  the  jury. 

Penalty  for  issue  or  disposition  Tiy  party  not  agent  or 
conductor.  §  5.  That  any  person,  other  than  the  conductor 
or  other  agent  of  any  person  or  corporation  operating 
any  such  street  railroad,  who  shall  issue  or  otherwise 
dispose  of  any  such  transfers  wilfully  in  violation,  of  any 
such  rules  or  regulations  as  may  be  adopted  by  the  per- 
son or  corjwration  operating  such  street  railroad,  or  with 
the  intent  to  defraud  such  person  or  corporation,  or  any 
person  who  shall  buy  or  receive  for  the  purpose  of  using, 
or  use  or  attempt  to  use  the  same  as  fare  upon  any  car 
operated  upon  such  street  railroad,  wilfully,  in  violation 
of  any  such  rules  or  regulations,  or  with  the  intent  to 
defraud  the  person  or  corporation  operating  such  street 
railroad,  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be,  for  each  offense,  fined  not  exceeding 
flOO,  and  may  also  be  sentenced  to  imprisonment  in  the 
county  jail,  or  to  hard  labor  for  the  county,  for  not 
exceeding  six  months,  one  or  both,  at  the  discretion  of 
the   jury. 

Approved   November   23,   1907. 

DRINKING. 

Penalty  for  drinking  in  presence  of  passengers.  §  1.  Any 
person  who  shall  publicly  drink  intoxicating  liquors  in 
the  presence  of  passengers  on  any  railway  passenger 
car  or  street  car  in  the  State  of  Alabama  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
not  less  than  $10  and  not  to  exceed  $50,  or  imprisoned 
not  to  exceed  30  days,  but  this  Act  shall  not  apply  to 
any  smoking  compartment,  closet,  dining  or  buffet  car. 

Police  powers  of  conductors.  §  2.  That  the  police  pow- 
ers given  and  exercised  by  conductors  of  railway  pas- 
senger cars  under  §  3457  of  the  Code  of  Alabama  shall 
apply   to   this   Act.  ' 

Approved   November   23,   1907. 

FOREIGN  CORPORATION   FEES— 1907. 
Be  it  enacted  by  the  legislature  of  Alabama: 

Admission  fees  of  foreign  corporations.    5  1-  That  §  1321 
of  the  Code  of  1896  be,  and  the  same  is  hereby,  amended 
so  as  to  read  as  follows:      1321.    Admission  fees  exacted 
by  foreign  corporations.     No   corporation   created   by   the 
laws  of  any  other  State  or  of  any  foreign  country,  except 
foreign   corporations  which   qualified  in  good   faith   to  do 
business   in   this   State   prior   to   March   7,    1907,   shall   en-  . 
gage   in   or   transact   any   business   in   this   State   without 
first   having   paid    into   the    treasury,   for   the   use   of    the 
State,   the   following   charter   fees:    each   foreign   corpora- 
tion  whose  actual   amount  of  capital   employed   or   to   be 
employed  in  this  State  is  $100  or  less,  shall  pay  a  charter 
fee  of  25  per  centum  of  the  actual  amount  of  capital  em- 
ployed or  to  be  employed  in  this  State  by  it.    Each  foreign 
™_    corporation   whose  actual  amount  of  capital   employed   in 
^ft  this  State  exceeds  $100  and  does  not  exceed  $1,000  shall 
^^Lpay  a  charter  fee  of  25  per  centum  upon  the  first  $100  of 
^^■the   actual   amount  of  capital   employed   in  this   State   by 
^^■it,   and   five   per   centum   upon   all   such   remaining   actual 
^Bamount  of  capital  employed  in  this  State  by  it  over  $100, 
^H[and  up  to  and  not  exceeding  the  said  limit  of  $1,000.    Each 
^^Kforeign   corporation   whose   actual   amount   of   capital   em- 
^^Kployed   in   this   State   exceeds   $1,000   shall   pay   a  charter 
^^■fee  of  25  per  centum  upon  the  first  $100  of  actual  amount 


upon  all  such  actual  capital  employed  in  this  State  by 
it  over  $100  and  up  to  $1,000.  And  one-tenth  of  one  per 
cent  of  such  actual  amount  of  capital  in  excess  of  $1,000. 
All  corporations  or  mutual  companies  which  have  no  capi- 
tal stock,  and  all  corporations  which  shall  engage  in  this 
State  solely  in  the  business  of  lending  money,  shall  pay  a 
fee  of  $25. 

Approved  November   30,   1907. 

SUITS  OR  CLAIMS  FROM  OTHER  STATES— 1907. 
Be  it  enacted  by  the  legislature  of  Alabama: 

Enforcement  in  this  State.  §  1.  That  whenever,  either 
by  common  law  or  the  statutes  of  another  State,  a  cause 
of  action,  either  upon  contract,  or  in  tort,  has  arisen  in 
such  other  State  against  any  person  or  corporation,  such 
cause  of  action  shall  be  enforceable  in  the  courts  of  this 
State,  in  any  county  in  which  jurisdiction  of  the  defend- 
ant can  legally  be  obtained  in  the  same  manner  in  which 
jurisdiction  could  have  been  obtained  in  the  cause  of 
action  had  arisen  in  this  State. 

Repeal.  §  2.  That  all  laws  and  parts  of  laws  in  conflict 
or  inconsistent  with  the  provisions  of  this  Act  be,  and 
the  same  are  hereby,  repealed. 

Approved    November    23,    1907. 

CONDEMNATION  BY  RAILROADS. 
Be  it  enacted  by  the  legislature  of  Alabama: 

That  §  3487  of  the  Code  of  Alabama  be  and  the  same  is 
hereby  amended  so  as  to  read  as  follows: 

Lines,  works,  etc.,  not  to  be  constructed  through  yards, 
curtailing  dwellings,  gardens,  stable  lots,  etc.  §  3487.  No 
street  railroad  company  or  any  other  corporation,  except 
railroad  companies,  shall,  without  the  consent  of  the  owner, 
construct  any  railway,  tramway,  canal,  tunnel,  underground 
passage,  telegraph  or  telephone  line,  acqueduct,  pipe  line 
or  any  other  line  or  works  through  any  yard  or  curtilage 
of  a  dwelling  house,  garden,  stable,  lot  or  barn. 

Approved  August  18,  1909. 

The  words  "except  railroad  companies"  are  inserted  by 
the  amendment. 

FROM  THE  REVISED  STATUTES  OF  1907,  AS  AMENDED. 
ARTICLE  6.    COMMON  CARRIERS'  RATE  REGULATION. 

ALABAMA  CODE— 1907. 
Be  it  enacted  by  the  legislature  of  Alabama: 

Railroads  and  common  carriers  defined.  §  5520.  [As 
amended  by  Act  approved  August  26,  1909.1  (SI.)  That 
all  railroads  heretofore  constructed  or  which  may  here- 
after be  constructed  in  this  State  are  hereby  declared 
public  highways,  and  all  railroad  companies,  or  other 
companies,  corporations,  firms  or  individuals  engaged  in 
the  transportation  of  persons  or  freight  over  railroads 
for  hire,  and  all  navigation  companies  or  steamboat  or 
steam  companies  or  corporations,  firms  or  individuals  en- 
gaged in  the  transportation  of  persons  or  freight  by  water, 
for  hire,  are  hereby  declared  common  carriers  and  are 
hereby  made  subject  to  the  provisions  of  this  Act. 

Schedules  of  rates,  fares  and  charges  filed  with  railroad 
commission.  §  5521.  Every  common  carrier  subject  to  the 
provisions  of  this  article  shall  cause  to  be  printed  or 
typewritten  in  plain  type  or  characters,  and  shall  file 
with  the  railroad  commission  within  a  reasonable  time, 
to  be  fixed  by  said  comriiission,  and  shall  keep  open  to 
public  inspection,  schedules  showing  all  the  rates,  fares 
and  charges  for  the  transportation  of  property  and  pas- 
sengers and  any  service  in  connection  therewith  which  it 
has  established,  or  which  have  been  established  by  statute 
or  by  said  railroad  commission,  between  all  points  in  the 
state  on  its  own  route,  and  when  a  through  route  and 
joint  rate  have  been  established  between  all  points  in  the 
State  on  its  route  and  all  points  in  the  State  on  the 
route  of  any  other  carrier,  by  railroad  or  by  water,  with 
which  a  through  route  and  joint  rate  have  been  estab- 
lished. The  schedule  aforesaid  shall  plainly  state  the 
places  in  the  State  on  its  own  line  controlled  or  oper- 
ated by  it,  and  on  any  line  with  wnich  a  through  route 
and  joint  rate  have  been  established  between  which  prop- 
erty and  passengers  will  be  carried,  and  shall  contain  the 
classification  of  freight  in  force. 

Rules  and  regulations  affecting  rates  or  charges  pub- 
lished. §  5522.  Such  schedules  shall  also  contain  all  rules 
and  regulations  that  in  any  manner  affect  the  rates  or 
fare  to-be   charged   for   the   transportation   of   passengers 


286 


N'ational  Associatiox  of  Railway  Commissioners 


and  property,  and  all  charges  for  delay  in  loading  or  un- 
loading cars,  for  track  and  car  service  or  rental,  and  for 
switching,  demurrage,  terminal  and  transfer  service, '  and 
for  rendering  any  other  service  in  connection  with  the 
transportation  of  passengers  and  property. 

Copies  of  schedules  filed  and  posted.  §  5523.  Copies  of 
said  schedules  shall  be  kept  posted  for  the  use  of  the  public 
in  at  least  two  public  and  conspicuous  places  in  and  filed 
at,  every  depot,  station,  or  office  of  such  common  carrier 
where  passengers  or  freight  are  received  for  transpor- 
tation, in  such  form  and  place  that  they  shall  be  acces- 
sible  to   the    public,   and   can   be   conveninetly   Inspected. 

Schedules  of  joint  rates  posted  in  lieu  of  others.  §  5524. 
In  lieu  of  posting  and  filing  as  aforesaid  its  entire 
schedules  at  each  depot,  station,  or  office  where  pas- 
sengers and  freight  are  received  for  transportation,  such 
common  carrier  may  file  and  keep  posted  as  aforesaid 
at  each  depot,  station,  or  office,  schedules  of  such  of 
its  aforesaid  rates,  fares  and  charges  as  are  applica,ble 
between  such  depot,  station,  or  office,  and  all  other 
points  in  this  State  on  its  road  and  on  any  road  con- 
trolled or  operated  by  it  or  with  which  a  through  route 
and    joint    rate    have    been    established. 

.Veto  schedules  or  changes — How  made,  copies — How  fllca. 
and  posted.  §  5525.  No  change  shall  be  made  by  any  com- 
mon carrier  in  the  rates,  fares,  and  charges,  or  joint 
rates  fares,  and  charges,  which  have  been  filed  and 
published  by  It,  or  which  are  in  force  at  the  time,  until 
the  proposed  changes  have  been  submitted  to  and  ap- 
proved by  an  order  of  the  railroad  commission.  After 
such  approval  such  changes  shall,  before  the  same  shall 
become  affective,  be  plainly  indicated  upon  existing 
schedules  or  by  filing  and  posting  as  aforesaid,  new 
schedules  for  a  period  of  ten  days  prior  to  the  time 
.  the  same  are  to  take  etfect;  but  the  said  railroad  com- 
mission may  prescribe  a  shorter  period  within  which 
such  changes  shall  take  effect. 

Notice  of  changes  of  schedules — Filing  and  posting  of, 
§  5526.  Whenever  a  change  has  been  made  and  approved 
as  aforesaid  in  any  existing  schedule  of  rates,  fares,  and 
charges,  or  joint  rates,  fares  and  charges,  a  notice  shall 
be  posted  by  the  common  carrier  in  a  conspicuous  place 
so  as  to  be  accessible  to  the  public  and  conveniently 
Inspected  in  every  depot,  station  or  office  where  pas- 
sengers or  freight  are  received  for  transportation,  which 
is  affected  by  said  change  or  to  which  the  same  is  "ap- 
plicable, stating  the  changes  which  have  been  made  in 
the  schedule  on  file,  and  specifying  the  class,  or  com- 
modity affected,  the  change  made,  and  the  date  when 
such  change  shall  take  effect. 

Schedules,  rates  and  charges  as  fixed  shall  &e  the  lawful 
ones.  §  5527..  [As  amended  by  Act  of  August  26,  1909.] 
(§5.)  It  shall  be  unlawful  for  any  railroad  or  other  com- 
mon carrier  subject  to  the  provisions  of  this  Act,  to 
charge,  demand,  collect  or  receive  a  greater  or  less 
compensation  for  the  transportation  of  passengers  or 
property,  or  for  any  service  in  connection  therewith, 
than  is  specified  in  such  printed  schedules,  including 
schedules  of  joint  rates,  as  may  at  the  time  be  In 
force,  except  as  provided  by  law  or  the  railroad  com- 
mission, and  the  rates,  fares  and  charges  named  herein 
shall  be  the  lawful  rates,  fares  and  charges  when  ap- 
proved by  the  railroad  commission,  but  the  commission 
may  prescribe  such  changes  in  the  form  in  which  the 
schedules  shall  be  issued  by  the  common  carrier  as  may 
be  found  expedient. 

Railroad  commission  may  prescribe  changes  of  form  of 
schedules.  S  5528.  The  railroad  commission  may  prescribe 
such  changes  in  the  form  in  which  the  schedules  are  is- 
sued by  the  railroads  or  common  carriers  as  may  be 
found    expedient. 

Copies  of  contracts  as  to  transportation  filed  with  com- 
mission. §  5529.  Every  railroad  or  common  carrier  in  this 
State  shall  file  with  the  railroad  commission  within  the 
time  to  be  fixed  by  the  commission,  copies  of  all  con- 
tracts which  relate  to  the  transportation  of  persons,  or 
property,  or  any  service  in  connection  therewith  made 
or  entered  into  by  it  with  any  other  railroad  com- 
pany, car  company,  or  equipment  company,  express  or 
transportation   company. 

Tickets,  passes,  mileage  books,  list  of  filed  with  com- 
mission.    §5530.     Every  railroad  or  common  carrier  shall, 


on  or  before  the  first  day  of  September  in  each  year, 
and  oftener  if  required  by  the  railroad  commission,  file 
with  the  commission  a  verified  list  of  all  railroad  tickets, 
passes,  mileage  books,  issued  free  or  for  other  than  actu- 
al bona  fide  money  consideration  at  full  established  rates 
during  the  preceding  year,  ending  June  30,  together 
with  the  names  of  recipients  thereof,  the  amounts  re- 
ceived therefor,  and  the  reason  for  issuing  the  same. 
This  provision  shall  not  apply  to  the  sale  of  tickets  at 
reduced  rates,  authorized  by  the  law  or  rates  open  to 
the  public,  nor  to  tickets,  passes,  or  mileage  books  is- 
sued  prior  to  February  23,  1907. 

Discrimination  in  rates,  transportation  or  compensation 
by  railroads  or  common  carriers  prohibited — penalty  for. 
§5531.  [As  amended  by  Act  approved  August  26,  1909.) 
(§8.)  If  any  railroad  or  other  common  carrier  subject  to 
the  provisions  of  this  Act,  or  any  agent  or  officer  thereof, 
shall  directly,  or  indirectly,  or  by  special  rate,  rebate, 
drawback,  or  by  means  of  false  billing,  false  classifi- 
cation, false  weighing,  false  report  of  weights,  or  by  any 
device  whatsoever,  charge,  demand,  collect  or  receive 
from  any  person,  firm,  company  or  corporation  a  greater 
or  less  compensation  for  any  service  rendered  or  to  be 
rendered  by  it  for  the  transportation  of  persons  or 
property,  or  for  any  service  in  connection  therewith 
than  that  prescribed  in  the  published  tariffs,  or  thai 
it  charges,  demands,  collects  or  receives  from  any  othei 
person,  firm,  company  or  corporation  for  "a  like  service 
such  railroad  or  other  common  carrier  so  doing  shall  b€ 
deemed  guilty  of  unjust  discrimination,  which  is  herebj 
prohibited  and  declared  unlawful,  and  shall  forfeit  tc 
the  State  of  Alabama  and  pay  into  the  State  treasury 
not  less  than  $100  nor  more  than  $10,000  for  each 
offense,  which  may  be  recovered  by  the  State. 

Less  compensation  for  transportation  for  services  or 
facilities  furnished  prohibited.  §  5532.  No  railroad,  com- 
mon carrier,  agent,  or  officer  thereof  shall  demand, 
charge,  collect,  or  receive  from  any  person,  firm,  or  cor- 
poration a  less  compensation  for  the  transportation  of 
property,  or  for  any  service  rendered,  or  to  be  rendered, 
by  said  railroad  in  consideration  of  said  person,  firm 
or  corporation  furnishing  any  part  of  the  facilities  inci- 
dent thereto. 

Joint  rates  of  connecting  lines  shall  he  just  and  reason- 
able. §  5533.  Whenever  passengers  or  property  are  trans- 
ported over  two  or  more  connecting  lines  of  railroad 
between  points  in  this  State  and  the  railroad  companies 
have  made  joint  rates  for  the  transportation  of  the 
same,  such  rates  and  all  charges  in  connection  there- 
with shall  be  just  and  reasonable,  and  every  unjust  and 
unreasonable  charge  is  prohibited  and  is  unlawful;  pro- 
vided that  a  less  charge  by  each  of  said  railroads  for 
its  proportion  of  such  joint  rates  than  is  made  locally 
between  the  same  points  on  their  respective  lines  shall 
not  for  that  reason  be  a  violation  of  the  provisions  of 
this  article,  nor  render  such  railroads  or  common  car- 
riers   liable   to   any  of   the   penalties   thereof. 

Certain  concentration  and  special  contract  rates  not  pro- 
hibited. §  5534.  Nothing  in  this  article  shall  prevent  con- 
centration, commodity,  transit,  and  other  special  eon- 
tract  rates,  but  all  such  rates  shall  be  open  to  all  ship- 
pers for  a  like  kind  of  traffic  under  similar  circum- 
stances and  conditions  and  shall  be  subject  to  the  pro- 
^visions  of  this  article  as  to  the  printing  and  filing  of  the 
'same;  but  all  such  rates  shall  be  under  the  supervision 
and   regulation  of  the  railroad   commission. 

Connection  of  track  of  several  railroads  made  in  cases 
for  interchange  of  traffic.  §  5535.  When  two  or  more  rail- 
road companies  have  roads  running  to  or  through  the 
same  town  or  city,  or  near  enough  thereto  to  receive 
freight  traffic  from  said  town  or  city,  they  shall,  when 
required  by  an  order  of  the  railroad  commission,  make 
and  maintain  a  physical  connection  between  their  re- 
spective tracks,  where  the  tracks  are  of  the  same  gauge 
at  such  point  in  or  near  said  town  or  city  as  the  com- 
mission shall  require,  so  that  cars  may  be  transferred 
from  the  one  road  to  the  other,  and  there  may  be  an 
interchange  of  traffic  between  them,  where  such  con- 
nection, in  the  judgment  of  the  railroad  commission,  la 
reasonably  practicable  and  can  be  put  in  with  safety, 
and  will  furnish  sufficient  business  to  justify  the  con- 
struction  and   maintenance  of  the   same   where  rights   of 


Public  Service  LA^ys 


887 


way  can  be  obtained  by  condemnation  or  otherwise,  on 
terms  deemed  reasonable  by  the  railroad  commission. 
And  all  railroads  or  common  carriers  shall  afford  rea- 
sonable and  proper  facilities  for  such  interchange  of 
traffic  the  one  with  the  other  when  so  required  by  the 
railroad    commission. 

Switch  connections  among  different  roads  may  be  re- 
quired. §  5536.  Every  common  carrier  operating  a  rail- 
road subject  to  the  provisionk_of  this  article  shall  con- 
struct, maintain,  and  operate  upon  reasonable  terms,  a 
switch  connection  with  such  other  railroad  or  with  any 
private  sidetrack  which  may  be  constructed  to  connect 
with  its  railroad,  where  such  connection  in  the  judgment 
of  the  railroad  commission,  is  reasonably  practicable  and 
can  be  put  in  with  safety  and  will  furnish  sufficient 
business  to  justify  the  construction  and  maintenance  of 
the  same;  and  to  furnish  cars  for  the  movement  of  such 
traffic  to  the  best  of  its  ability  without  discrimination 
in  favor  of  or  against  any  shipi>er.  The  railroad  com- 
mission, upon  the  application  of  any  other  railroad  or 
of  any  shipper  tendering  freight  traffic  for  transportation, 
made  either  to  the  commission  or  to  said  common  car- 
rier, may  require  them  to  comply  with  the  provisions  of 
this  section. 

Facilities  for  interchange  or  transfer  of  traffic  from  one 
line  or  road  to  another  required  and  provided  for.  §  5537. 
All  common  carriers  subject  to  the  provisions  of  this 
article  shall  provide  at  qll  points  of  connection,  cross- 
ing or  intersection  at  grade,  where  it  is  practicable  and 
necessary  for  the  interest  of  traffic,  ample  facilities  by 
track  connections  for  transferring  any  cars  used  in  the 
regular  business  of  their  respective  lines  of  road  from 
their  lines  or  tracks  to  those  of  any  other  common  car- 
rier whose  lines  or  tracks  may  connect  with,  cross  or 
intersect  their  own,  and  shall  provide  equal  and  reason- 
able facilities  for  the  interchange  of  cars  and  traffic  be- 
tween their  respective  lines  and  for  the  receiving,  for- 
warding, and  delivering  of  passengers,  property  and  cars 
to  and  from  their  several  lines  or  on  freight  coming 
over  such  lines;  but  this  shall  not  be  construed  as  re- 
quiring any  common  carrier  to  furnish  for  another  com- 
mon carrier  its  track  equipment  or  terminal  facilities 
without  reasonable  compensation.  Bach  of  -said  con- 
necting lines  shall  be  liable  tor  and  shall  pay  its  pro- 
iwrtionate  share,  to  be  determined  by  the  railroad  com- 
mission, for  the  building  and  maintenance  of  such  tracks 
and  switches  as  may  be  necessary  to  furnish  the  transfer 
facilities   required  in   this   section. 

Sicitching  or  transferring  traffic  from  one  line  or  road 
to  another  provided  for.  §  5538.  All  railroads  shall  afford 
all  reasonable  and  proper  facilities  for  the  interchange 
of  traffic  between  their  respective  lines  for  forwarding 
and  delivering  passengers  and  property  and  shall  transfer 
and  switch  for  reasonable  compensation,  and  deliver 
without  unreasonable  delay  or  discrimination  any  freight 
of  cars,  loaded  or  empty,  destined  to  any  points  on  its 
tracks  or  any  connecting  lines;  provided,  that  precedence 
over  other  freight  shall  be  given  to  live  stock  and 
perishable  freight. 

Gars  furnished  to  shipper  on  application — Provisions  as 
to.  §  5539.  Every  railroad  shall,  when  within  its  powers 
so  to  do,  and  upon  reasonable  notice,  furnish  suitable 
cars  to  any  and  all  person^  who  may  apply  therefor,  for 
the  transportation  of  any  and  all  kinds  of  freight  in  car- 
load lots.  When  the  owner,  manager,  or  shipper  of  any 
freight  of  any  description  shall  make  application  in 
writing  to  any  superintendent,  agent  or  other  person  in 
charge  of  transportation  of  any  railway  company,  or 
receiver,  or  trustee  operating  any  railroad,  at  the  points 
where  the  cars  are  desired  upon  which  to  ship  any 
freight,  or  point  nearest  thereto,  if  there  be  no  such 
agent  at  such  points,  such  railroad  company,  receiver, 
trustee,  or  other  person  in  charge  thereof,  provided  there 
is  a  station  or  sidetrack  or  spurtrack  at  said  point,  shall 
supply  the  number  of  cars  so  required  within  such  rea- 
sonable time  thereafter  as  may  be  prescribed  by  the 
orders  and  rules  of  the  railroad  commission  pertaining 
to  car  service;  but  in  case  of  insufficiency  of  cars  at  any 
time  to  meet  all  requirements,  such  cars  as  are  avail- 
able shall  be  distributed  among  the  several  applicants 
therefor  in  proportion  to  their  respective  immediate  re- 
quirements,  without   discriminating   between   shippers,   or 


competitive  or  noncompetitive  i)laces;  provided,  that 
preference  may  be  given  shippers  of  live  stock  and 
perishable  property. 

Penalty  or  forfeiture  for  failure  to  furnish  cars.  etc. 
§  5540.  If  any  railroad  company  or  other  common  carrier 
shall  directly  or  indirectly  make  or  give  any  undue  or 
unreasonable  preference  or  advantage  to  any  particular 
person.  Arm,  corporation,  or  locality,  or  subject  any  par- 
ticular person,  firm,  or  corporation,  or  locality  to  any 
undue  or  unreasonable  prejudice  or  disadvantage  in  any 
respect  whatsoever,  such  railroad  or  common  carrier 
shall  be  guilty  of  unjust  discrimination,  which  is  hereby 
prohibited  and  declared  unlawful,  and  shall  be  liable  to 
the  State  in  a  penalty  of  not  less  than  $500,  nor  more 
than  $5,000  for  each  offense. 

Depots,  iuildings,  and  employes,  etc.,  thereat  required 
for  passengers.  §  5541.  Every  railroad  company  subject  to 
the  provisions  of  this  article  shall  provide  and  main- 
tain adequate  depots  and  depot  buildings  at  its  regular 
station,  for  the  accommodation  of  passengers,  together 
with  a  sufficient  force  of  employes  at  each  of  said  depots 
to  transact  efficiently  the  business  and  traffic  thereat, 
and  to  maintain  a  ticket  office  at  each  of  said  depots 
for  the  sale  of  tickets;  and  said  depot  buildings  shall 
be  kept  clean,  well  lighted  and  warmed,  with  such  other 
reasonable  comforts,  necessities,  and  conveniences  as 
may  be  prescribed  by  the  railroad  commission  for  the 
comfort    and    accommodation    of    the    traveling    public. 

Depots,  huildings,  switches,  etc.,  for  freight.  §  5542. 
All  railroads  shall  keep  and  maintain  adequate  and 
suitable  depots,  buildings,  switches  and  sidetracks  for 
the  receiving,  handling  and  delivering  of  freight  trans- 
ported or  to  be  transported  by  such  railroads,  provided 
that  this  shall  not  be  construed  as  repealing  any  exist- 
ing law  on  the  subject  not  in  conflict  herewith. 

Railroad  commission  may  require  railroads  to  provide 
and  maintain  depot  luilding,  etc.  %  5543.  Every  railroad 
in  this  State  on  the  order  of  the  railroad  commission  is 
required  to  provide,  construct,  and  maintain  adequate 
depots  and  depot  buildings  for  the  accommodation  of  pas- 
sengers and  for  receiving  and  handling  freight  where 
public  necessity  demands  it  and  the  revenue  received  at 
such  point  will  be  sufficient  to  justify  it,  together  with  a 
sufficient  force  of  employes  at  each  of  said  depots  to 
transact  efficiently  the  business  and  traffic  thereof. 

Spur  and  sidetracks  provided  for.  §  5544.  Every  rail- 
road is  required  to  construct  and  maintain  spurtracks 
and  sidetracks  to  industries  already  established  under 
such  reasonable  rules  and  orders  as  may  be  made  by  the 
commission. 

Union  passenger  stations  and  accommodations  required 
in  certain  cases.  §  5545.  Any  two  or  more  railroads  which 
enter  any  city  or  town  may  be  required,  when  practic- 
able, or  when  the  necessities  of  the  case  in  the  judg- 
ment of  the  railroad  commission  demands  it,  to  have 
and  maintain  one  common  or  union  passenger  station 
for  the  security,  accommodation  and  convenience  of  the 
traveling  public,  and  to  unite  in  the  joint  undertaking  and  ex- 
pense of  erecting,  constructing,  and  maintaining  such  union 
passenger  station  commensurate  with  the  business  and 
revenue  of  such  railroad  companies  or  corporations,  on  such 
terms,  regulations,  provisions,  and  conditions  as  the 
railroad  commission  may  prescribe;  and  any  company 
failing  to  comply  with  the  orders  of  the  railroad  com 
mission  shall  be  liable  to  a  penalty  of  not  less  than 
$1,000  nor  more  than  $10,000,  for  every  six  months  in 
default,  to  be  recovered  by  the  State. 

Bills  of  lading  and  receipts  issued — Liahility  and  effect 
of.  §  5546.  Every  common  carrier,  railroad,  or  transporta- 
tion company  receiving  property  for  transportation,  origi- 
nating and  terminating  in  this  State,  shall  issue  to  the 
shipper  a  receipt  or  bill  of  lading  therefor  and  shall  be 
liable  to  the  lawful  holder  thereof  for  any  loss,  damage, 
or  injury  to  such  property  caused  by  it  or  by  any  com- 
mon carrier,  railroad,  or  transportation  company  to  which 
said  property  may  be  delivered,  or  over  whose  lines 
such  property  may  pass;  and  no  contract,  stipulation, 
receipt  rule,  or  regulation  contained  in  said  receipt 
or  bill  of  lading,  or  otherwise,  shall  exempt  such  com- 
mon carrier,  railroad,  or  transportation  company  from 
the  liability  hereby  imposed;  but  nothing  in  this  section 
shall  deprive  any  holder  of  such  receipt  or  bill  of  lading 


288 


jSTatioxal  Associ.vtiox  of  Railway  Commissioners 


I 


of   any   remedy   or   right   of   action    wliicli    he   has   under 
existing  laws. 

Duplicate  freight  receipts  required.  S  5547.  All  rail- 
road companies  shall  on  demand  issue  duplicate  freight 
receipts  or  bills  of  lading  to  shippers,  in  which  shall  be 
stated  the  class  or  classes  of  freight  shipped  and  the 
rate  to  the  point  of  destination  and  aggregate  charge 
made  for  the  transportation,  and  shall  be  liable  to  law- 
ful holder  thereof  for  any  loss,  damage  or  Injury  to  such 
property  caused  by  it  or  by  any  common  carrier,  railroad, 
or  transportation  company  to  which  such  property  may 
be  delivered,  or  over  whose  line  or  lines  such  property 
may  pass,  and  no  contract,  receipt,  rule,  or  regulation 
shall  exempt  such  common  carrier,  railroad  or  trans- 
portation company  from  liability  imposed,  and  nothing 
in  this  section  shall  deprive  any  holder  of  such  receipt  or 
bill  of  lading  of  any  remedy  or  right  of  action  which  he 
has  under  existing  law. 

Joint  action  against  connecting  lines  of  common  car- 
riers. §  5548.  When  goods,  wares,  merchandise,  or  other 
personal  property  are  shipped  to  some  point  of  delivery 
in  this  State,  over  two  or  more  connecting  lines  of 
common  carriers,  both  or  all  of  which  are  engaged 
in  the  business  of  common  carriers  in  the  State  of 
Alabama,  and  such  goods,  wares,  and  merchandise 
or  other  personal  property  are  lost,  destroyed  or  dam- 
aged by  cause  of  unreasonable  delay  in  the  delivery 
thereof  or  by  the  neglect  of  duty  of  any  such  common 
carrier  or  connecting  common  carriers,  and  the  owner  ■ 
or  consignee  of  such  freight  sustains  Injury  or  loss 
thereby,  and  payment  for  such  injury  or  loss  or  destruc- 
tion is  not  made  after  notice  to  and  demand  therefor  of 
such  connecting  and  delivering  carriers,  within  30  days 
thereafter,  the  owner  or  consignee  thereof  may  sue  such 
delivery  and  connecting  carriers  jointly;  the  suit  to  be 
instituted  in  the  county  of  delivery,  and  if  the  connecting 
carrier  or  carriers  has  no  place  of  business  in  such 
county,  a  summons  may  issue  to  any  county  where  the 
connecting  carriers  are  to  be  found,  and  executed  as 
provided  by  law  in  other  cases,  and  must  be  returned 
and  filed  in  the  court  from  which  the  process  issued, 
and  constitute  but  one  suit  in  the  same  manner  as  if 
but  one  summons  had  issued  against  all  the  defendants; 
and  it  is  the  duty  of  the  clerk  on  issuing  such  branch 
summons  to  indorse  thereon,  that  it  is  a  branch  of  the 
original  suit,  and  that  all  the  summons  constitute  one 
suit  and  are  for  one  and  the  same  cause  of  action.  If  the 
proof  shows  on  the  trial  that  there  was  no  joint  liability 
of  all  the  defendants,  but  the  evidence  shows  that 
plaintiff  is  entitled  to  recover  against  one  or  more  of 
such  defendants,  judgment  shall  be  rendered  accordingly 
against  such  defendant  or  defendants  as  the  jury  or  court 
trying  the  case  may  ascertain  to  be  liable,  and  such  de- 
fendant as  was  not  liable  shall  be  discharged  with  re- 
covery of  his  court  costs.  Nothing  herein  contained  shall 
in  any  manner  modify  or  abridge  the  rights  of  any 
plaintiff  to  pursue  any  remedy  now  in  force  if  he  prefers 
to  do  so. 

Ucception  and  transportation  of  freight  and  cars  re- 
quired and  provided  for.  §  5549.  Every  railroad  or  com- 
mon carrier  subject  to  the  provisions  of  this  article,  its 
agents  cr  officers  whose  duty  it  is  to  receive  freights, 
shall  receive  all  articles  of  the  nature  and  kind  received 
by  said  carriers  for  transportation  whenever  tendered 
at  a  regular  station  at  proper  hours  and  in  good  ship- 
ping condition,  according  to  reasonable  rules  prescribed 
by  law  or  the  railroad  commission,  and  every  loaded 
car  tendered  at  a  sidetrack  or  any  warehouse  connected 
■with  the  railroad  by  a  siding,  and  shall  forward  the  same 
■without  delay  and  within  a  reasonable  time  to  the  point 
of  destination,  under  and  in  compliance  with  such  reason- 
able rules,  regulations  and  requirements  as  may  be  pre- 
scribed by  the  railrcad  commission  or  by  law,  and,  upon 
the  failure  of  any  such  railroad  company  or  other  com- 
mon carrier  doing  business  in  this  State  to  so  receive 
and  so  transport  goods,  merchandise  or  property  cf  any 
description,  delivered  to  it  for  shipment  to  and  from 
any  points  within  the  State  in  such  reasonable  time  as 
the  railroad  commission  or  the  law  may  prescribe  un- 
less otherwise  agreed  upon  between  the  company  and 
the  shipper,  or  unless  such  property  be  burned,  stolen, 
or   otherwise   destroyed,   such    railroad   company   or   other 


us 


common  carrier  shall  forfeit  to  the  party  aggrieved  such 
sum  as  may  now  or  hereafter  be  prescribed  by  law  for 
such  delay,  and,  in  addition,  shall  be  liable  to  the  party 
aggrieved  for  such  damages  as  he  may  sustain  by  reason 
of  said   delay,  failure  to  receive  or  transport. 

Bills  of  lading  evidence  of  freight  charges,  delivery  to 
consignee.  §  5550.  All  common  carriers  doing  business  in 
this  State  shall  settle  their  freight  charges  according  to 
the  rate  stipulated  in  the  bill  of  lading,  provided  the 
rate  stipulated  therein  be  in  conformity  with  the  classi- 
fications and  rates  made  and  filed  with  the  Interstate 
Commerce  Commission,  in  case  of  shipment  from  with- 
out the  State,  and  with  those  filed  with  or  established  or 
approved  by  the  railroad  commission  of  the  State  or 
those  established  by  statute,  in  case  of  shipments  wholly 
within  the  State,  by  which  classification  and  rates  all 
consignees  shall  in  all  cases  be  entitled  to  settle  freight 
charges  with  such  carriers,  and  it  shall  be  the  duty  of 
such  common  carriers  to  inform  any  consignee  or  con- 
signees of  the  correct  amount  due  for  freight,  according 
to  such  classification  and  rates,  and,  upon  payment  or 
tender  of  the  amount  due,  according  to  such  classification 
and  rates,  on  any  shipment  which  has  arrived  at  its 
destination,  such  carrier  shall  deliver  the  freight 
question  to  the   consignee. 

Delivery  of  part  of  consignment  upon  payment  of  chart 
for  such  part  only  before  arrival  of  residue.  §  5551.  When 
ever  any  freight  shall  be  received  by  any  common  car- 
rier in  this  State  to  be  delivered  to  any  consignee 
within  this  State,  and  a  portion  of  the  same  shall  not 
have  been  received  at  the  place  of  destination,  it  shall 
be  unlawful  for  the  carrier  to  demand  any  part  of  the 
charges  for  freight  or  transportation  due  for  such  por- 
tion of  the  shipment  as  shall  net  have  arrived  at  the 
place  of  destination.  The  carrier  shall  be  required  to 
deliver  to  consignee  such  portion  of  the  consignment  as 
shall  have  been  received  upon  the  payment  or  tender  of 
the  freight  charges  due  upon  such  portion,  unless  other- 
wise agreed  upon  between  the  consignee  and  carrier, 
but  nothing  in  this  article  shall  be  construed  as  inter- 
fering with  or  depriving  a  consignor,  or  other  person 
having  authority,   of  his   rights  of  stoppage   in   transit. 

Remedies  of  consignee  cumulative,  not  exclusive.  §  5552 
This  shall  net  deprive  any  consignee  of  any  right  or 
remedies  now  existing  against  common  carriers  in  re- 
gard to  freight  charges  or  claims  for  loss  or  damage  to 
freight,  but  shall  be  deemed  and  held  as  creating  an 
additional    liability   upon    said    common    carrier. 

Overcharges,  written  demand  for  refunding.  §  5553.  In 
case  of  any  overcharge  on  published  cr  lawful  rates  the 
person  aggrieved  may  file  with  the  agent  of  the  com- 
pany collecting  or  receiving  greater  compensation  than 
the  lawful  rate  a  written  demand,  supported  by  a  paid 
freight  bill  or  duplicate  thereof,  for  refund  of  over- 
charge and  a  maximum  period  of  60  days  from  the  date 
of  filing  shall  be  allowed  each  company  to  pay  claims 
filed  under  this  section. 

Penalty  or  forfeiture  for  failure  to  refund  ovcrchange. 
§  5554.  -Any  common  carrier  failing  to  refund  such  over- 
charges within  the  time  allowed  in  the  preceding  section 
ishall  forfeit  to  the  party  aggrieved  the  sum  of  $1  for  each 
day's  delay  in  paying  or  satisfying  said  claim  beyond 
the  time  allowed  until  such  claim  is  paid;  provided,  the 
total    forfeiture    shall   not    exceed    $100. 

A  ction  for  overcharges  and  penalty  joined.  S  5555.  Ac- 
tions for  the  recovery  of  the  overcharge  and  the  pen- 
alties provided  may  be  embraced  in  the. same  complaint. 

Exemption  from  rate  regulation.     §  5556.     [As  amended 
by  Act  approved  August  26,  1909.1     (§  4.)     That  §  30  of  said 
Act  be,  and  the  same  is  hereby,  amended   so  as  to  re; 
as   follows: 

§  30.  Nothing  in  this  Act  shall  be  construed  to  pi 
vent  the  carrying,  storage  or  handling  by  any  common 
carrier  subject  to  the  provisions  of  this  Act,  ot  property 
free  or  at  reduced  rates  for  the  United  States  or  for 
the  State  of  Alabama,  or  for  any  municipality,  or  tor 
charitable  purpcses,  or  to  and  from  fairs  and  exposi- 
tions, for  exhibition  thereat,  or  property  shipped  by  or 
to  its  officers  or  employes  for  their  own  exclusive  use 
or  consumption  or  that  cf  their  immediate  families; 
or    prevent    such    common    carriers    from    issuing    excur- 


saiu 

ll 


Public  Service  Laws 


289 


sion,  mileage  or  commutation  ticlcets,  provided  such  ex- 
cursion, mileage  or  commutation  tickets  shall  be  ob- 
tainable for  all  persons  applying  therefor  under  like 
circumstances  and  conditions.  Nor  shall  anything  in 
this  Act  be  construed  to  prevent  such  common  carriers 
from  giving  free  transportation  or  reduced  rates  there- 
for to  any  person  authorized  by  law  to  receive  such 
free  transportation  or  reduced  rates  therefor.  And  it 
shall  be  lawful  for  any  raiU-oad  company  to  give  to 
or  exchange  passes  or  free  transportation  with  the  offi- 
cers and  employes  of  other  railroads  and  of  express 
companies  and  the  immediate  members  of  their  families 
and  for  any  express  company  to  carry  free  or  at  re- 
duced rates  the  personal  packages  or  property  of  its 
officers  and  employes  and  the  officers  and  employes  of 
railroad  companies,  for  their  own  exclusive  use  or  con- 
sumption or  that  of  their  immediate  families.  Upon  the 
shipment  of  live  stock  or  other  property,  requiring  the 
care  of  an  attendant,  the  common  carrier  may  furnish 
free  transportation,  including  return  passage,  to  the 
shipper  or  to  some  person  or  persons  designated  by  him 
as  attendant. 

The  following  supersedes  code  §§  5557,  5558,  5559: 
Be  it  enacted  hy  the  legislature  of  Alabama: 

Act  amended.  §  1.  That  §  31  of  an  Act  entitled  'An  Act 
to  regulate  railroads  and  other  common  carriers  in  this 
State;  to  secure  reasonable  rates  and  adequate  service, 
and  prevent  unjust  discrimination  in  their  public  serv- 
ice, and  prescribe  penalties  for.  violations  thereof,"  ap- 
proved February  23,  3  907,  be,  and  the  same  is  hereby, 
amended   so   as  to  read   as  follows: 

General  penalty.  §  31.  If  any  railroad  company  or  other 
common  carrier  subject  to  the  provisions  of  this  Act 
shall  do,  or  cause  to  be  done,  or  permit  to  be  done, 
any  matter,  act  or  thing  in  this  Act  prohibited  or  de- 
clared to  be  unlawful,  or  shall  omit  to  do  any  act, 
matter  or  thing  required  to  be  done,  or  shall  fail"  or 
refuse  to  perform  any  duty  enjoined  upon  it,  for  which 
a  penalty  has  not  been  provided,  or  shall  fail,  refuse  or 
neglect  to  obey,  observe  or  comply  with  any  lawful 
requirement  or  order  of  the  railroad  commission,  for 
which  a  penalty  has  not  been  provided,  for  every  such 
violation,  failure  or  refusal,  such  common  carrier  or 
railroad  corporation  shall  forfeit  to  the  State  of  Alabama 
a  sum  not  exceeding  $2,000  for  each  offense,  to  be  fixed 
by  the  court.  Every  violation  of  any  order,  direction 
or  requirement  of  the  railroad  commission  shall  be  a 
separate  and  distinct  offense,  and  in  case  of  a  continued 
violation,  every  day's  continuance  thereof  shall  be,  and 
be  deemed  to  be,  a  separate  and  distinct  offense.  The 
act,  omission  or  failure  of  any  officer,  agent  or  other 
person  acting  for,  or  employed  by,  any  soch  common 
carrier  or  railroad  corporation,  while  acting  within  the 
scope  of  his  duties  and  employment,  shall  in  every  case 
be,  and  be  deemed  to  be,  the  act,  omission  or  failure 
of  such  common  carrier  or  railroad  corporation.  A  civil 
action  to  recover  the  forfeiture  hereinabove  provided 
for  may  be  brought  in  the  name  of  the  State  of  Alabama 
in  any  court  of  competent  jurisdiction  in  any  county 
of  the  State  where  such  violation  occurred,  or  in  any 
county  of  the  State  to  or  through  which  said  carrier  or 
railroad  corporation  operates,  and  shall  be  given  prece- 
dence over  other  business.  And  every  officer,  agent  or 
employe  of  such  common  carrier  or  railroad  corporation 
who  shall  violate  or  procure,  aid  or  abet  any  violation  by 
such  common  carrier,  or  railroad  corporation  of  any 
provision  of  this  Act,  or  who  shall  fail  to  obey,  observe 
or  comply  with  any  order  of  the  railroad  commission,  or 
any  provision  of  any  order  of  said  commission,  or  who 
procures,  aids  or  abets  any  such  common  carrier  or  cor- 
poration in  its  failure  to  obey,  observe  and  comply  with 
any  such  order,  direction  or  provision,  shall  be  guilty  of 
a  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined 
a  sum  not  exceeding  $1,000,  to  be  fixed  by  the  court. 

Effect.  §  2.  That  this  Act  shall  go  into  effect  Decem- 
ber  1,   1907. 

Approved    November    23,    1907. 

Action  to  enforce  penalty  or  forfeiture.  §  5660.  Any 
penalty  imposed,  declared  or  implied  under  the  pro- 
visions of  this  article  may  be  enforced  by  a  civil  action, 
at  the  suit  of  the  State,  and  the  railroad  commission 
may   institute   and    prosecute   or    cause   to    be   instituted 


or  prosecuted  such  actions  for  the  enforcement  of  such 
penalties  or  forfeitures  to  the  State. 

Railroad  commission,  duty  to  enforce  laws  as  to  -com- 
mon carriers.  §  5561.  The  railroad  commission  of  Alabama 
must  enforce  by  appropriate  orders  and  by  legal  pro- 
ceedings instituted  by  it  all  the  provisions  of  this  article 
and  all  the  provisions  of  all  laws  regulating  railroads, 
common  carriers  and  other  transportation  companies, 
or  for  the  purpose  of  prescribing  the  duties  of  such 
companies. 

Construction  of  this  article.  §  5562.  If  any  section  or 
provision  of  this  article  shall,  for  any  reason,  be  or  be 
held  by  any  court  of  competent  jurisdiction  and  of  final 
resort  to  be  invalid,  inoperative  or  void,  the  residue  of 
the  article  shall  not  be  thereby  invalidated  or  affected; 
and  the  words  "penalty"  and  "forfeiture,"  as  used  in 
this  article,  shall  be  construed  as  synonymous. 

ARTICLE  7.     PASSENGER  RATES  FIXED. 

Passenger  rates  fixed  at  two  and  one-half  cents  per  mile. 
§  5563.  The  owners  and  operators  of  steam  railroads  in  this 
State  engaged  in  carrying  passengers  shall  not  charge 
exceeding  2%  cents  per  mile  per  passenger  for  carry- 
ing any  passenger  from  one  point  to  another  in  Alabama 
and  shall  keep  and  sell  at  their  regular  stations,  tickets 
at  a  price  not  exceeding  2%  cents  per  mile  or  fraction 
of  a  mile;  but  are  not  required  to  accept  a  single  fare 
for  less  than  5  cents,  and,  in  case  of  odd  miles,  the 
passenger  shall  pay  3  cents  for  the  last  mile  or  fraction 
of  a  mile.* 

*[Codifler's  note].  See  Acts  of  extraordinary  session 
of  the  legislature,  approved  March  23,  1907. 

Limitations  and  exceptions  to  preceding  section.  §  5564. 
The  preceding  section  shall  apply  to  all  lines  over  100 
miles  in  length  and  their  branches  operating  in  /this 
State;  but  the  rate  on  all  lines,  not  over  100  miles  long 
in   this   State,  shall   be  fixed  by  the   railroad   commission. 

CHAPTER  281.     REBATES,  DISCOUNTS,  DRAWBACKS, 
ETC.,  §  §  7703-7707. 

Taking  rebate  or  gratuity  by  State  officer,  or  person  em- 
ployed by  State  government.  §  7703.  (4741)  (3823)  Any 
ofiicer,  agent  or  person  who  may  be  empowered  or  au- 
thorized to  purchase  for  the  State,  or  any  department 
of  the  State  government  any  property  or  thing  of  value, 
and  who  asks  for,  bargains  for,  demands,  agrees  to  take 
or  receives,  or  takes  from  the  seller  of  such  property, 
directly  or  indirectly,  any  rebate,  return,  compensation, 
discount  or  drawback,  in  money  or  anything  of  value, 
must,  on  conviction,  be  punished  as  if  he  had  stolen 
it.      (Form    89.) 

Same;  by  officer,  agent,  or  servant  of  State. institution. 
§  7704.  (4742)  (3824)  Any  officer,  agent,  or  servant  of 
the  University  of  Alabama,  the  Alabama  Polytechnic  In- 
stitute, the  Alabama  Insane  Hospitals,  the  Alabama  In- 
stitute for  the  Deaf,  the  Alabama  Academy  for  the  Blind, 
or  of  any  other  corporation  or  institution  to  which  is 
appropriated  any  of  the  public  funds  of  the  State,  who 
shall  be  authorized  to  buy  any  property  of  any  kind  for 
any  such  corporation  or  institution,  and  who  asks  for, 
bargains  for,  demands,'  takes,  or  receives,  directly  or 
indirectly,  from  the  seller  of  such  property,  any  re- 
bate, discount,  drawback,  return,  commission,  gift  or 
gratuity,  must,  on  conviction,  be  punished  as  if  he  had 
stolen   it. 

Same;  by  officer,  agent,  employe,  or  contractor  of  county. 
city  or  toion.  §7705  (4743)  (3825).  Any  officer,  agent, 
employe  or  person  of  any  county,  city  or  town,  who 
may  be  authorized  or  employed  to  buy  for  such  county, 
city  or  town  or  any  department  or  office  thereof,  or  who 
may  be  authorized,  empowered  or  employed  to  contract 
for,  or  let  out  any  work,  or  to  locate,  superintend,  or 
estimate  for  any  work  or  construction,  contract  or  em- 
ployment, and  who  asks  for,  bargains  for,  demands,  or 
who  takes  or  receives,  directly  or  indirectly,  from  the 
seller  of  such  property,  or  the  contractor  for  such  work, 
or  the  peson  who  may  be  employed,  or  other  person,  any 
rebate,  discount,  drawback,  return,  commission,  gift  or 
gratuity  or  a  part  or  percentage  of  the  profits  of  such 
contract  or  employment,  must,  on  conviction,  be  punished 
as  if  he  had  stolen  it. 


290 


National  Association'  of  Railway  CoiiiiissioNEEs 


Same;  iy  officer,  agent,  or  servant  of  railroad,  manufac- 
turing, or  mining  corporation.  §7706.  (4744)  (3826)  Any 
officer,  agent  or  servant  of  any  railroad,  manufacturing 
or  mining  corporation,  who  is  authorized  or  employed  to 
buy  any  property,  or  who  may  be  empowered  to  contract 
for,  or  let  out,  locate,  superintend,  or  estimate  for  any 
work  or  construction  for  such  corporation,  and  who 
demands,  asks  for,  bargains  for,  agrees  to  take,  takes, 
or  receives,  directly  or  indirectly,  from  the  seller  of 
such  property  or  the  ccntractor,  or  other  person,  any 
rebate,  discount,  drawback,  return  commission,  gift  or 
gratuity,  must,  on  conviction,  be  punished  as  If  he 
had   stolen   it. 

Same;  'by  factor,  commission  merchant,  broker,  attorney, 
auctioneer,  or  agent.  §7707.  (4745)  (3827)  Any  factor, 
commission  merchant,  broker,  attorney,  auctioneer,  archi- 
tect or  agent,  who  is  employed  or  authorized  to  sell  the 
property  of  another,  or  to  contract,  form  or  to  survey, 
locate,  estimate  for  or  superintend  any  work,  and  who 
demands,  asks  for,  bargains  for,  agrees  to  take,  takes 
or  receives,  directly  or  indirectly,  from  the  purchaser 
or  contractor,  or  any  person  who  is  employed  to  store, 
move,  handle,  transport.  Insure,  repair  or  do  any  act  or 
service  in  or  about  the  taking  care  of,  preserving  and 
marketing  such  property,  any  rebate,  discount,  draw- 
back, return  commission,  gift  or  gratuity,  or  who  charges 
his  principal  on  account  of  any  one  or  more  of  the 
above-enumerated  services  more  than  he  actually  paid 
therefor,  or  who  buys  any  property  or  thing  for  his 
principal,  and  charges  his  principal  more  than  he  ac- 
tually paid  therefor,  must,  on  conviction,  be  punished 
as  if  he  had  stolen  it. 

ARTICLE  3.     ILLEGAL  FREIGHTS,  RATES  OR 
CHARGES.     §  §  7687-7695. 

§  7695.  Charging  or  accepting  higher  rate  of  fare 
than  provided   by  law;    penalty. 

Unlawful  pooling  of  freights.  §7687.  (5549)  (4145) 
Any  officer,  agent  or  servant  of  a  person  or  corporation 
operating  a  railroad,  who  aids  in  making  or  carrying  out 
an  agreement  between  railroads,  commonly  called  a  pool, 
for  the  division  between  themselves  of  the  freight-carry- 
ing business  of  any  place  in  this  State,  whereby  trade 
is  restrained  by  the  establishment  of  extortionate  rates 
and  the  prevention  of  free  competition,  unless  such 
agreement  has  been  approved  by  the  railroad  commis- 
sioners, must,  on  conviction,  be  fined  not  less  than  $50 
nor  more  than  $200. 

Extortion  by  railroad.  §7688.  (5550)  (4146)  Any  per- 
son or  corporation  operating  a  railroad,  who  commits 
extortion  in  transportation  charges,  as  defined  by  law, 
must,  on  conviction,  be  fined  not  less  than  ?10  nor 
more  than  |500. 

Reduction  of  regular  rates  by  railroads.  §7689.  (5551) 
(4147)  Any  person  or  corporation  operating  a  railroad  who 
makes,  and  any  person  who  knowingly  accepts,  a  lower 
transportation  rate  for  person  or  freight  than  the  pub- 
lished tariff,  must,  on  conviction,  be  fined  not  less  than 
$100  nor  more  than  $5,000. 

Failure  of  railroads  to  publish  freight  rates  at  depots. 
§7690.  (5552)  (4148)  Any  person  or  corporation  operat- 
ing a  railroad  who  fails  to  post  and  keep  posted  at  all 
freight  depots  the  tariff  of  rates  for  transporting  freight, 
showing  general  and  special  rates  for  each  class,  on 
conviction,  be  fined  not  less  than  $20  nor  more  than 
$100. 

Free  passes,  rebates,  discounts,  etc.,  prohibited.  §  7691. 
Any  common  carrier,  whether  a  corporation,  association, 
partnership,  or  person,  engaged  in  the  business  of  a 
carrier  of  passengers  in  this  State,  or  the  agent,  ofiicer, 
servant,  or  employe  of  such,  who  shall  give,  procure  for, 
or  deliver  to  any  person  or  accept  any  free  passage, 
tickets,  or  free  transportation  for  any  person,  or  give, 
make,  or  allow  any  rebate,  discount,  or  reduction  from 
f5uch  rates  as  are  offered  or  given  to  the  public  at  large, 
except  as  provided  in  the  following  section;  and  any 
person,  other  than  the  persons  excepted  in  the  following 
section,  who  accepts  or  uses  any  such  free  ticket,  free 
passage,  or  free  transportation,  rebate,  discount,  or  re- 
duction, shall  be  guilty  of  a  misdemeanor,  and  shall  be 
indicted  as  such  corporation,  partnership,  or  person,  for 


each  offense,  and,  on  conviction,  shall  be  fined  not  less 
than  $100  nor  more  than  $2,000,  or  be  imprisoned  in  the 
county  jail  or  sentenced  to  hard  labor  for  the  county  foi- 
not  more  than  six  months,  one  or  both,  at  the  discretion 
of  the  jury  trying  the  case. 

Exemptions  from  the  preceding  section.  §  7692.  The 
preceding  section  shall  not  apply  to  employes  of  carriers 
and  their  families,  nor  to  officers  or  agents,  surgeons, 
physicians,  and  attorneys  at  law  of  such  carriers  and 
the  immediate  families  of  such  persons,  to  ministers  of 
religion,  traveling  secretaries  of  the  Young  Men's  Chris- 
tian Association  and  the  Young  Women's  Christian  As- 
sociation, inmates  of  hospitals  and  charitable  and  elee- 
mosynary work;  to  indigent,  destitute,  and  homeless  per- 
sons, and  to  such  persons  when  transported  by  charitable 
societies  and  hospitals  and  the  necessary  agents  employed 
in  such  transportation;  to  inmates  of  the  National  Home 
or  State  Home  for  disabled  volunteer  soldiers,  and  o: 
soldiers'  and  sailors'  homes,  including  those  about  to 
enter,  and  those  returning  home  after  discharge,  and 
boards  of  managers  of  such  homes,  to  necessary  care- 
takers of  live  stock,  poultry,  and  fruit,  to  employes  oi; 
sleeping  cars  and  express  cars  and  to  linemen  of  tele- 
graph and  telephone  companies,  to  railway  mall  servlcf 
employes,  postoffice  inspectors,  custom  inspectors,  anc 
immigration  inspectors,  to  newsboys  on  trains,  haggag< 
agents,  witnesses  attending  any  legal  investigation  ii 
which  the  carrier  is  interested,  persons  injured  in  wrecks 
where  being  transported  from  the  place  of  injury  to  theii 
homes  and  places  for  treatment,  and  physicians  ant 
nurses  attending  such  persons,  and  members  of  the  rail 
road  commission  of  Alabama,  and  employes  of  such  com 
mission  when  traveling  on  official  business  only,  bu' 
this  provision  shall  not  be  construed  to  prohibit  th( 
Interchange  of  passes  for  the  officers,  agents,  and  em 
ployes  of  carriers  and  their  immediate  families,  nor  pro 
hibit  any  carrier  from  carrying  passengers  free  with  th( 
object  of  providing  relief  in  cases  of  general  epidemic 
pestilence,  or  other  calamitous  visitation. 

Witnesses  required  to  answer  questions  before  gram 
jury.  §  7693.  Witnesses  before  the  grafad  jury,  summonec 
to  give  evidence  of  any  violation  of  this  article,  may  b( 
required  to  answer  generally  as  to  any  such  offenst 
within  their  knowledge  committed  within  12  months 
next  preceding,  without  being  specially  interrogated  as 
to  any  particular  offense,  but  no  witness  shall  be  prose 
cuted  for  any  offense  as  to  which  he  testifies  before  th( 
grand  jury  and  any  member  of  the  grand  jury  or  sollcito: 
may  be  a  witness  to  prove  this  fact. 

Witness  failing  to  attend  or  testify  guilty  of  contemp 
and  misdemeanor — Penalty  for.  §  7694,  Any  person  who  1; 
summoned  to  go  before  the  grand  jury  to  answer  as  t( 
any  violation  of  the  law  prohibiting  free  passage  withii 
his  knowledge,  and  who  fails  and  refuses  to  attend  anc 
testify  In  obedience  to  such  summons,  without  a  goo( 
excuse,  to  be  determined  by  the  court,  is  guilty  of  i 
contempt  of  court  and  also  a  misdemeanor,  and,  on  con 
viction  for  such  misdemeanor,  shall  be  fined  not  les: 
than  $100  nor  more  than  $2,000,  and  may  be  Imprisonec 
in  the  county  jail  or  sentenced  to  hard  labor  for  thi- 
county  for  not  more  than  six  months,  at  the  discretioi. 
of   the  jury   trying  the  case. 

Charging  or  accepting  higher  rate  of  fare  than  provider ' 
by  law — Penalty.  §7695.  Any  corporation,  partnership, 
association,  or  person  owning  or  operating  a  railroad, 
or  officer,  servant,  or  agent  of  any^  such,  who  shall 
knowingly  charge  or  accept  fare  at  a  higher  rate  than 
prescribed  or  authorized  by  §§  5563  and  5564  of  thi? 
code,  or  fixed  by  the  railroad  commission  of  Alabama, 
shall  be  guilty  of  a  misdemeanor,  and  shall,  on  convic- 
tion, be  fined  not  less  than  $50  for  each  offense. 


il 


FREE  PASSES— 1907. 
Be  it  enacted  by  the  legislature  of  Alabama: 

Act  amended.  §  1.  That  §  1  of  an  Act,  entitled  "An 
Act  to  define  and  prohibit  the  unlawful  giving,  issuing, 
using  or  receiving  free  passes,  rebates,  recjuctions  or  dis- 
counts for  transi)ortation  by  common  carriers  of  pas- 
sengers, and  to  punish  the  unlawful  giving,  issuing,  using  or 
receiving  the  same,"  approved  February  14,  A.  D.  1907, 
be  amended  so  as  to  read  as  follows: 

§  1.     That  no  common  carrier,  whether  a  corporation, 


Public  Service  Laws 


291 


association,  partnersliip  or  person  engaged  in  tlie  business 
of  a  common  carrier  of  passengers  in  this  State,  or  the 
agenL,  officer,  servant  or  employe  o£  such,  shall  give, 
procure  for,  or  deliver  to  any  person,  or  accept  any  free 
passes,  tickets  or  free  transportation  for  any  person, 
or  give,  make  or  allow  any  rebate,  discount  or  reduction 
from  such  rates  as  are  offered  or  given  to  the  public  at 
large,  except  to  its  employes  and  their  families,  and 
employes  recently  discharged  by,  or  having  quit  the 
service  of  any  common  carrier',  going  home  or  going  to 
another  place  to  seek  employment  within  six  months 
after  such  quitting  or  discharge,  its  officers  or  agents, 
its  surgeons  or  physicians,  and  its  attorneys  at  law  and 
the  immediate  families  of  such  persons,  to  ministers  of 
religion,  traveling  secretaries  of  the  Young  Men's  Chris- 
tian Association  and  the  Young  Women's  Christian  Asso- 
ciation, inmates  of  hospitals  and  charitable  and  eleemosy- 
nary institutions,  and  persons  exclusively  engaged  in 
charitable  and  eleemosynary  work,  to  indigent,  destitute 
and  homeless  persons,  and  to  such  persons  when  trans- 
ported by  charitable  societies  and  hospitals  and  the  nec- 
essary agents  employed  in  such  transportation,  to  in- 
mates of  the  national  home  or  State  home  for  disabled 
volunteer  soldiers,  and  of  soldiers'  and  sailors'  homes, 
including  those  about  to  enter  and  those  returning  home 
after  discharge,  and  boards  of  managers  of  such  homes, 
to  necessary  caretakers  of  live  stock,  poultry  and  fruit, 
to  employes  on  sleeping  cars  and  express  cars,  and  to 
linemen  of  telegraph  and  telephone  companies,  to  railway 
mail  service  employes,  postoffice  inspectors,  custom  in- 
spectors and  immigration  inspectors,  to  newsboys  on 
trains,  baggage  agents,  witnesses  attending  any  legal 
investigation  in  which  the  common  carrier  is  interested, 
persons  injured  in  wrecks  where  being  transported  from 
The  place  of  injury  to  their  homes  and  places  for  treat- 
ment, and  physicians  and  nurses  attending  such  persons, 
and  members  of  the  Railroad  Commission  of  Alabama, 
and  employes  of  such  commission  when  traveling  on 
official  business;  provided,  that  this  provision  shall  not 
be  construed  to  prohibit  the  interchange  of  passes  for 
the  officers,  agents  and  employes  of  common  carriers 
and  their  immediate  families,  nor  prohibit  any  common 
carrier  from  carrying  passengers  free  with  the  object  of 
providing  relief  in  cases  of  general  epidemic,  pestilence 
or  other  calamitous  visitations. 

Approved  November  30,  1907. 

LNoTE. — The  Act  amended  by  the  following  Act  forms 
code  §§  7691-7695  of  the  code  of  1907,  above.] 

ARTICLE  2.    OFFENSES  AGAINST  RAILROADS. 

Throwing  or  shooting  deadly  missile  into  locomotive  or 
car.  §  7675.  (5360)  (4098)  Any  person  who  wantonly  or 
maliciously  throws  or  casts  a  missile,  calculated  to  pro- 
duce death  or  great  bodily  harm,  or  shoots  at  or  into 
any  locomotive  or  car  of  any  railroad  train,  in  or  on 
which  there  is  any  human  being,  or  at  or  into  any 
passenger  car  forming  part  of  a  railroad  train,  or  any 
street  car  or  vehicle  for  the  carrying  of  passengers, 
whether  there  is  in  or  on  such  passenger  car  any  hu- 
man being  or  not,  must,  on  conviction,  be  imprisoned 
In  the  penitentiary  for  not  less  than  two  nor  more  than 
20  years. 

Throwing  or  casting  other  missile  into  locomotive  or 
car.  §  7676.  (5361)  (4099)  Any  person  who  wantonly  or 
maliciously  throws  or  casts  any  missile,  other  than  that 
mentioned  in  the  preceding  section,  at  or  into  any  lo- 
comotive or  car  of  any  railroad  train  or  street  car  or 
vehicle  for  carrying  passengers,  in  or  on  which  there 
is  any  human  being,  or  at  or  into  any  passenger  car 
forming  part  of  a  railroad  train  or  street  car,  whether 
there  is  in  or  on  such  passenger  car  any  human  being 
or  not,  must,  on  conviction,  be  fined  not  more  than  $1,000, 
and  may  also  be  sentenced  to  hard  labor  for  the  county 
for  not  more  than  two  years. 

Injuring  or  obstructing  railroad  bridge,  trestle,  etc.,  or 
salting  track.  §7677.  (5362)  (4100)  Any  person  who 
wantonly  or  maliciously  injures  any  railroad,  or  any 
bridge,  trestle,  or  culvert,  cattle  guard,  stock  gap,  or 
other  superstructure  of  such  railroad,  or  places  any 
impediment  or  obstruction  on  such  railroad,  or  removes 
or  destroys  any  portion  thereof,  in  such  manner  as  to 
render  liable  any  engine,  car  or  other  vehicle  to  diverge 


or  to  be  thrown  from  the  track  thereof,  or  who  salts 
the  track  of  such  railroad  for  the  purpose  of  attracting 
cattle  thereon,  must,  on  conviction,  be  punished  at  the 
discretion  of  the  jury,  by  death  or  by  imprisonment  in 
the  penitentiary  for  not  less  than  10  years. 

Obstructing  railroad  maliciously,  and  throwing  car  from 
track,  etc.  §  7678.  (5363)  (4101)  (4238)  (3680)  (137) 
Any  person  who  wantonly  or  maliciously  injures  any 
railroad,  or  places  any  impediment  or  obstruction  thereon, 
by  means  of  which  injury,  impediment  or  obstruction 
any  engine,  car,  or  other  vehicle  diverges  or  is  thrown 
from  the  track  thereof,  must,  on  conviction,  be  punished 
at  the  discretion  of  the  jury,  by  death  or  by  imprison- 
ment in  the  penitentiary  for  not  less  than  20  years. 

Jumping  on  or  off  trains.  §  7679.  Any  person  not  a 
passenger  or  intended  passenger,  employe,  or  agent  of 
a  railroad,  or  an  officer  of  any  city  or  town  or  sheriff 
or  his  deputy,  or  such  persons  as  may  go  upon  the  train 
to  act  as  escort  to  assist  some  person  who  has  taken 
passage,  who  jumps  on  or  off  any  train  while  in  motion, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall 
be  punished  by  fine  and  imprisonment,  either  or  both, 
at  the  discretion  of  the  court,  not  to  exceed  $25  fine, 
and  30  days  in  the  county  jail. 

Wrongful  removal  of  signals.  §  7680.  Any  person  who 
wrongfully,  or  without  authority,  removes  any  lamp  from 
any  switch  stand,  or  who  removes  the  oil  from  any  lamp  on 
any  switch  stand,  or  who  removes  any  lantern,  light,  lamp, 
torch,  flag,  fusee,  torpedo  or  other  signal  from  any  train, 
engine,  car,  railroad  track,  platform,  depot,  or  right  of 
way,  or  who  turns  out  or  extinguishes  or  otherwise  tampers 
with  any  such  lantern,  light,  lamp,  torch,  fuse,  or  other 
signal  used  in  connection  with  railroad  business  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be 
punished  by  a  fine  of  not  less  than  $100  nor  more  than 
$1,000,  or  by  imprisonment  in  the  county  jail  for  not  less 
than  three  months  nor  more  than  one  year. 

Unlawful  discharge  of  gun,  etc.  §  7681.  Any  person  who 
discharges  any  gun,  pistol,  or  other  firearm,  except  in  self- 
defense,  while  on  a  passenger  train  in  this  State;  or  who 
recklessly  handles  any  firearm  or  other  weapon  in  the  pres- 
ence of  any  other  person  or  persons  on  any  train  carrying 
passengers  in  this  State,  shall  be  guilty  of  a  misdemeanor 
and  shall,  upon  conviction,  be  punished  by  a  fine  of  not 
less  than  $100  nor  more  than  $500,  or  by  imprisonment  in 
the  county  jail  for  not  exceeding  12  months,  one  or  both, 
at  the  discretion  of  the  court. 

Unlawful  riding  on  trains.  §  7682.  Any  person  other 
than  a  railway  employe  in  the  discharge  of  his  duty,  who, 
without  authority  of  the  conductor  of  the  train,  or  by  per- 
mission of  the  engineer,  and  with  the  intention  of  being 
transported  free  and  without  paying  the  usual  fare  for  such 
transportation,  rides,  or  attempts  to  ride,  on  the  top  of  any 
car,  coach,  engine,  or  tender,  on  any  railroad  in  this  State, 
or  on  the  drawheads  between  cars,  or  under  cars  on  truss 
rods  or  trucks,  or  in  any  freight  car,  or  on  a  platform  of 
any  baggage  car,  express  car,  or  mail  car,  on  any  train  in 
this  State,  shall  be  guilty  of  a  misdemeanor,  and,  on  con- 
viction, shall  be  fined  not  less  than  $10  nor  more  than 
$100. 

Jurisdiction  of  offense.  §  7683.  Any  person  charged 
with  a  violation  of  the  preceding  section  may  be  tried  in 
any  county  in  which  such  violation  may  have  occurred  or 
may  be  discovered. 

Passenger  on  railroad  riding  in  coach  not  designated  for 
his  color.  §7684.  (5377)  Any  person  who,  contrary  to  the 
provisions  of  the  statute  providing  for  equal  and  separate 
accommodations  for  the  white  and  negro  races  on  railroad 
passenger  trains,  rides,  or  attempts  to  ride,  in  a  coach, 
or  a  division  of  a  coach,  designated  for  the  race  to  which 
he  does  not  belong  must,  on  conviction,  be  fined  not  more 
than  $100. 

Detaching  or  uncoupling  train,  or  patting  on  brakes  by 
person  not  employed  by  or  connected  with  railroad.  §  7685. 
(5378)  Any  person  other  than  an  employe  of  a  railroad 
company  acting  within  the  line  of  his  duty  on  such  rail- 
road, who  shall  detach  or  uncouple  any  train,  or  put  on, 
apply,  or  tamper  with  any  brake  or  brakes  of  any  train,  or 
wantonly  pull  the  bell  cord,  or  emergency  valve  of  any  train, 
or  otherwise  interfere  with  any  train  engine,  car,  or  part 
thereof,  while  such  train  is  standing  or  in  motion,  or  who 
shall  tamper  with  or  in  any  manner  interfere  with  any 


298 


National  Association  of  Bailway  Commission  eks 


railroad  track,  switch,  or  signal,  or  any  part  or  appliance 
connected  with  any  railroad  track,  road-bed,  or  rolling 
stock,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  punished  by  a  fine  of  not  exceeding  $100,  and  may 
be  imprisoned  in  the  county  jail  for  not  exceeding  six 
months. 

Wrongfully  signaling  trains.  §  7686.  Any  person  who, 
wrongfully,  recklessly,  or  wantonly  and  without  authority, 
signals  any  train  or  engine  In  this  State,  with  a  red  light, 
or  with  a  red  flag,  or  gives  any  signal  calculated  to  affect 
the  movement  or  operation  of  any  train,  engine,  or  car, 
on  any  railroad  in  this  State,  shall  be  guilty  of  a  misde- 
meanor; but  this  section  shall  not  apply  to  any  person 
giving  signals  to  stop  a  train  for  the  purpose  of  preventing 
an  accident  to  such  train,  or  at  a  regular  station,  or  flag 
station,  when  train  is  flagged  for  the  purpose  of  taking 
passage  on  said  train. 


CHAPTER  279. 
RAILROADS,  PENAL  LAWS  CONCERNING. 


7655. 


Railroads  employing  persons  who  have  not  been  exam- 
ined and  licensed.  §7655.  (5359)  Any  person  or  corpora- 
tion operating  a  railroad  in  this  State  who  employs  any 
person  as  engineer,  fireman,  train  dispatcher,  conductor, 
flagman,  brakeman,  or  switchman,  who  has  not  been  ex- 
amined and  licensed  as  provided  by  §  §  5481,  5482,  5483 
(3448,  3449  and  3450),  of  this  code,  must,  on  conviction,  be 
fined  not  less  than  $100  nor  more  than  $500. 

Failure  to  comply  with  order  of  railroad  commissioners 
to  provide  depot  conveniences.  §  7656.  (5364)  (4102)  Any 
person  or  corporation  operating  a  railroad  which  fails  for 
more  than  90  days  after  its  receipt,  and  for  such  further 
time,  if  any,  as  may  be  allowed  by  the  railroad  commis- 
sioners, to  comply  with  a  legal  order  of  the  railroad  com- 
missioners regarding  the  erection  of  a  depot,  or  providing 
other  conveniences  for  travelers  at  stations,  must,  on  con- 
viction, be  fined  not  less  than  $250  nor  more  than  $5,000. 
To  any  Indictment  under  this  section  it  is  good  defense 
that  such  order  was,  in  view  of  all  the  circumstances,  un- 
reasonable or  unjust. 

Failure  of  railroad  commissioners  to  notify  solicitor  and 
attorney-general  of  refusal  to  comply  with  such  order. 
§7657.  (5365)  For  failure  to  notify  the  proper  solicitor 
and  attorney-general,  or  either,  of  the  failure  of  any  rail- 
road company  or  person  operating  the  railroad  to  comply 
•  with  any  order  of  the  railroad  commissioners  regarding 
the  erection  of  a  depot  or  providing  other  conveniences  for 
travelers  at  stations,  within  60  days  after  the  period  within 
which  such  conveniences  were  required  by  such  order  to  be 
erected,  each  member  of  the  railroad  commission  must,  on 
conviction,  be  fined  not  less  than  $100  nor  more  than  $200. 
Violating  chancery  decree  upon  railroad  commissioners' 
award.  §  7658.  Any  oflicer  or  agent  of  a  person  or  cor- 
poration operating  a  railroad,  who  knowingly  violates  a 
chancery  decree  confirming  railroad  commissioners'  award, 
regulating  such  railroad's  business  with  any  connecting 
line,  must,  on  conviction,  be  fined  not  less  than  $10  nor 
more  than  $500. 

Failure  of  chief  superintendent  to  instruct  engineers 
and  conductors.  §  7659.  Any  superintendent  of  a  railroad, 
who  falls  to  instruct  the  engineers  and  conductors  thereof 
as  to  the  provisions  of  this  code  in  regard  to  blowing  the 
whistle,  ringing  the  bell,  and  stopping  and  handling  the 
train,  and  order  them  to  comply  therewith,  must,  on  con- 
viction, be  fined  not  less  than  $1,000,  and  may  be  impris- 
oned in  the  county  jail,  or  sentenced  to  hard  labor  for  the 
county  for  not  more  than  12  months,  at  the  discretion  of 
the  jury. 

Railroads  must  keep  lights  and  drinking  water;  con- 
ductor punishable  for  neglect.  §  7660.  Railroad  compa- 
nies must  keep  good  lights  on  their  night  trains,  and  a 
sufficiency  of  good  drinking  water  on  all  trains;  and  every 
conductor  who  runs  any  train  without  lights  or  water,  as 
required  by  this  section,  must,  on  conviction,  be  fined  not 
less  than  $100  nor  more  than  $500. 

Refusal  to  sell  tickets  to  certain  stations — Penalty  for. 
§  7661.  Any  railroad  company  engaged  in  the  business  of 
common  carrier,  or  any  agent  of  such  common  carrier 
whose  duty  or  business  it  is  to  sell  tickets  for  such  common 
carrier,  who  shall  fail  or  refuse  to  sell  a  ticket  to  persons 
from  such  stations  as  may  be  designated  by  the  railroad  ccm- 
missioners  as  regular  or  flag  stops  for  regular  passenger 


trains,  upon  the  request  of  such  persons  for  such  ticket,  ant 
trains,  upon  the  request  of  such  persons  for  such  ticket  ant 
when  such  railroad  company  or  common  carrier  operates 
passenger  trains  between  such  points  for  which  the  tickei 
is  applied  for,  shajl  be  guiUy  of  a  misdemeanor  and,  upot 
conviction,  shall  be  fined  not  less  than  $25  nor  more  thai 
$500,  and  a  prosecution  or  conviction  under  this  statuK 
shall  not  be  a  bar  to  a  civil  action  for  any  damages  which 
such  person  applying  for  a  ticket  may  have  suffered  ir 
consequence  of  such  refusal. 

Failing  to  ring  bell  and  bloiv  whistle  on  trains.  §  7663 
Any  engineer  or  other  person  having  the  control  of  the  run 
ning  of  a  locomotive  on  any  railroad,  who  shall  fail  to  per 
form  any  of  the  duties  required  of  him  by  §  5473  (3440) 
must,  on  conviction,  be  fined  not  less  than  $50  nor  more 
than  $1,000,  and  imprisoned  in  the  county  jail  for  not  mor^ 
than  12  months,  one  or  both,  at  the  discretion  of  the  jury 

Failure  to  stop  at  railroad  crossing  for  passengers  ci 
freight.  §7663.  Any  conductor,  engineer  or  other  person 
in  charge  of  any  railroad  train  passing  within  200  feet  (.1 
a  station  of  an  intersecting  railroad,  located  within  2fl( 
yards  of  the  intersection,  who  fails  to  stop  such  train  oppi. 
site  such  station,  to  take  on  or  let  off  passengers  or  theii 
baggage,  or  to  receive  or  deliver  the  freight  of  such  station 
on  receipt  of  the  usual  charges  for  such  passenger  oi 
freight  transportation,  must,  on  conviction,  be  fined  uc( 
less  than  $50  nor  more  than  $500. 

Failing  to  stop  at  railroad  crossing.     §  7664.     Any  coi 
ductor  or  any  other  person  in  charge  of  any  locomotive  or 
train,  who  fails  to  cause  it  to  come  to  a  full  stop  within  10  1 
feet  from  the  place  at  which  one  railroad  crosses  anothei ,, 
or,  after  such  stOp,  allows  such  train  to  proceed  before  h  : 
knows  the  way  to  be  clear,  must,  on  conviction,  be  fined  no : 
less  than  $100  nor  more  than  $1,000,  and  may  be  impri; 
oned  in  the  county  jail,  or  sentenced  to  hard  labor  for  th 
county  for  not  more  than  12  months,  one  or  both,  at  th 
discretion  of  the  jury. 

Negligence  of  railroad  conductors,  etc.  §  7665.  Any  ei 
gineer,  conductor  or  other  person  who,  having  the  contrc 
or  management  of  any  steam  engine  or  electric  motor  rur 
ning  on  any  railroad  in  this  State,  fails  to  use  proper  pre 
cautions  to  prevent  accidents  by  ringing  the  bell,  blowin 
the  whistle,  or  checking  the  speed  ef  his  engine,  on  aj 
preaching  any  curve  in  the  road,  or  any  depot,  sta.tion,  o 
crossing  of  any  public  road,  or  on  leaving  any  depot  or  st£ 
tion,  must,  on  conviction,  be  fined  not  less  than  $100  no 
more  than  $1,000,  and  may  also  be  imprisoned  in  the  count 
jail,  or  sentenced  to  hard  labor  for  the  county  for  not  mor 
than  six  months. 

Endangering  life  by  railroad  accident.     §  7666.     (5373 
(4110)    (4235)    (3678)    (136).     If  from  negligence,  careless 
ness    or   want   of    proper   skill    of   any    engineer   or    cor 
ductor  having  the   control  or   management  of  any  stean 
engine  cr  electric  motor  running  on  any  railroad  in  thi 
State,  or  any   brakeman   or  flagman,   the   engine  or  car . 
are   thrown   off  the   track,  or  any   other   accident  occurs, 
and  the  life  of  any  human  being  is  thereby  endangered, 
such    engineer,    conductor,    flagman    or    brakeman    must . 
on  conviction,  be  fined  not  less  than  $500  nor  more  than 
$2,000,   and   may   also    be   Imprisoned    in   the   county   jail, 
or  sentenced  to  hard  labor  for  the  county  for  not  mor- 
than  12  months  and  in   case  the  death  of  any  person   i ; 
caused   by  such  negligence  or  want  of  skill  the   railroail 
employe  guilty  of  such  negligence  or  want  of  skill,  must . 
on  conviction,  be  imprisoned  in  the  penitentiary  for  no 
less  than  one  nor  more  than  five  years. 

Failing  to  attach  bell-cord  or  other  device  for  signalin^r 
engineer.  §7667.  (5374)  (4111)  (4237)  (3679)  Any  con- 
ductor on  any  passenger  train  on  any  railroad  in  thi; 
State  who  fails  at  any  time  when  his  train  is  in  motion 
to  have  a  cord  attached  to  the  bell  or  engine,  ami 
passing  through  each  passenger  car  attached  to  his  train, 
or  the  Westinghcuse  automatic  whistle  signal,  or  other 
similar  device  for  signaling  the  engineer,  must,  on  con- 
viction, be  fined  not  less  than  $100  nor  more  than  $500; 
one-half  the  fine  to  go  to  the  informer,  the  other  half 
to  the  State;  and  for  such  offense  an  indictment  may 
be  found  and  trial  had  in  any  county  through  which  the 
road   passes. 

Wantonly  or  wilfully  injuring  railroad  fences.  §  7668. 
(5375)  (4112)  Any  person  who  wantonly,  wilfully,  or  in- 
tentionally   disturbs,   throws    down   or    destroys    any   raU- 


Public  Sekvice  Laws 


293 


road  fence,  or  any  part  thereof,  must,  on  conviction,  be 
fined  not  less  than  flO  nor  more  than  fSOO,  or  im- 
prisoned in  the  county  jail,  or  sentenced  to  hard  labor 
for  the  county  for  not  less  than  10  days  nor  more  than 
12  months. 

Section  master  failing  to  notify  owner  of  stock  killed  &?/ 
railroad  train.  §  7669.  (5376)  Any  section  master  on 
whose  section  any  stock  is  killed  or  injured  by  any 
railroad  train  or  locomotive,  who  knowingly  fails  to  give 
notice  thereof  to  the  owner  of  svich  stock  within  24  hours 
after  such   killing  or  injury  is   guilty  of  a  misdemeanor. 

Failure  to  stop  train  at  flag  station  or  regular  station, 
penalty.  §  7670.  The  president,  general  manager,  superin- 
tendent or  engineer  of  any  railroad  company  running 
through  or  operating  any  train  in  the  State  of  Alabama, 
who  shall  fail  or  refuse  to  stop  said  train  at  any  flag 
or  regular  station  designated  by  the  railroad  commis- 
sioners of  Alabama,  shall  be  guilty  of  a  misdemeanor 
and,   on   conviction,   shall   be   fined   not  exceeding   $500. 

i  Charging  higher  rate  for  transportation  or  refusing  to 
receive  for  transportation  at  price  fixed  by  late.  §  7671 
When  the  maximum  rate  of  compensation  for  the  trans- 
portation, originating  and  terminating  within  the  State, 
of  any  article  over  any  railroad  operated  as  a  common 
carrier  in  whole  or  in  part  in.  this  State  has  been  estab- 
lished by  statute,  any  officer,  agent  or  employe  of  any 
person,  company  or  corporation  owning  or  operating  as 
a  common  carrier  any  railroad  in  whole  or  in  part  in 
this  State  who  shall  charge  for  or  receive  any  greater 
or  higher  rate  of  compensation  for  the  transportation  of 
any  article  than  the  rate  established  by  statute,  or  who 
refuses  to  receive  such  article  when  offered  for  such 
transportation  at  the  rate  of  compensation  so  estab- 
lished by  statute,  shall  be  guilty  of  a  misdemeanor  and 
for  each  offense,  upon  conviction,  shall  be  fined  not 
more  than  $1,000  nor  less  than  $200,  and,  in  addition, 
shall  be  imprisoned  in  the  county  jail  for  the  period  of 
six    months. 

Failure  to  give  receipt  for  application  to  furnish  cars, 
penalty  for.  §  7672.  Any  agent  or  officer  of  a  railroad  or 
a  railroad  company  engaged  in  the  business  of  a  common 
carrier,  who  shall  fail  or  refuse  to  give  a  written  receipt 
upon  demand  for  any  application  filed  with  him  for 
furnishing  cars  to  shipper,  without  just  cause  or  legal 
excuse,  shall  be  guilty  of  a  misdemeanor  and,  upon  con- 
viction, shall  be  fined  not  more  than  $500. 

Obtaining  cars  without  bona  fide  intention  of  using 
same — Penalty  for.  §  7673.  Any  person,  firm,  company,  or 
corporation  who  shall  make  application  to  any  common 
carrier  by  rail  for,  and  shall  procure  from  such  com- 
mon carrier  any  number  of  cars,  without  a  bona  fide 
intention  to  use  the  same  for  the  transportation  of 
freight,  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  not  less  than  $500  nor  rnore 
than   $5,000  for  each  offense. 

Receiving  rebates,  concessions,  or  discriminations  from 
railroads  or  common  carriers,  penalty  for.  §  7674.  Any 
person,  firm  or  corporation  who  shall  accept  or  receive 
any  rebate,  concession  or  discrimination  knowingly  in 
respect  to  transportation  by  railroads  or  common  car- 
riers wholly  within  the  State,  of  any  property  or  for  any 
services  in  connection  therewith  whereby  any  such 
property  shall  by  any  device  whatsoever  be  transported 
at  a  less  rate  than  that  named  in  the  published  tariffs  in 
force  as  to  railroads  or  common  carriers,  whereby  any 
service  or  advantage  is  received  other  than  is  provided 
by  law,  shall  be  guilty  of  a  misdemeanor,  and,  on  con- 
viction thereof,  shall  b€  punished  by  a  fine  of  not  less 
than  $25  nor  more  than  $1,000  for  each  offense. 

ARTICLE  11. 

IXTERCIIAXGEABLE   TICKKT8    OK    MILEAGE   BOOKS. 

Issuance  of  interchangeable  tickets  or  mileage  books. 
S  5593.  The  railroad  commission  shall  prescribe  rules,  reg- 
ulations and  requirements  for  the  issuance  by  railroad 
carriers  of  passengers  in  Alabama  of  an  interchangeable 
ticket  or  mileage  book,  with  coupons  or  other  detachable 
arran,E-ement  in  proportion  to  the  amount  used  by  the 
person  entitled  thereto,  to  be  received  by  any  railroad 
carrier  of  passengers  in  this  State  for  passage,  to  any 
person  or  persons  to  whom  issued. 


^  Redemption  of  such  tickets  ori  mileage  books.  §  5594. 
The  railroad  commission  shall  also  prescribe  rules  and 
regulations  for  the  redemption,  by  the  railroad  carriers 
issuing  and  selling  said  tickets  or  mileage  books,  of  all 
such  parts  thereof  as  may  be  accepted  by  any  other  rail- 
road carrier  of  passengers  in  this  State  in  payment  of 
passenger  fare. 

Penalty,  action  to  recover.  §  5595.  After  the  making  of 
such  rules  and  regulations  by  said  railroad  commission 
and  their  publication  tor  30  days  in  some  daily  newspaper 
published  in  the  State  of  Alabama,  it  shall  be  unlawful 
for  a  railroad  engaged  in  the  business  of  a  carrier  of 
passengers,  firm,  corporation,  association,  their  officers, 
agents,  or  servants  to  refuse  to  accept  mileage  books 
or  tickets  or  portions  thereof  in  payment  of  passengers 
fare  in  proportion  to  the  distance  traveled  by  the  holder 
thereof,  and  they  shall  be  liable  to  a  penalty  of  not  less 
than  $50  nor  more  than  $1,000,  to  be  recovered  in  a 
civil  action  at  the  suit  of  the  party  injured. 

Exception  of  street  railroads.  §  5596.  This  article  shall 
not   apply   to   street   railroads. 

Rebates  for  tickets  or  mileage  books  not  changed.  §  5597. 
The  railroad  commission  shall  not  undertake  to  require 
or  prescribe  a  different  rate  for  such  tickets  or  mileage 
books  from  any  other  character  of  tickets. 

ARTICLE  12, 

DEMUKHAGE    AND    CAB    SERVICE. 

Application  for  cars — Time  of  furnishing  same.  Si  5598. 
When  a  shipper  or  consignee  makes  a  written  application 
to  a  railroad  company  for  a  car  or  cars,  to  be  loaded 
with  any  kind  of  freight  embraced  in  the  tariff  of  said 
company,  stating  in  said  application  the  character  of  the 
freight  and  its  final  destination,  the  railroad  company 
shall  furnish  the  same  at  loading  point  or  points,  if  the 
number  of  cars  be  three  or  less,  within  two  days  from 
7  o'clock  A.  M.  of  the  day  following  such  application;  if 
the  number  required  be  more  than  three  and  less  than  10, 
within  five  days;  and  it  the  number  be  more  than  10  and 
not  more  than  25,  within  10  days  from  7  o'clock  A.  M. 
of  the  day  following  the  date  of  such  application,  but  the 
railroad  company  shall  not  be  required  to  furnish  more 
than  25  cars  to  any  one  shipper  at  any  one  time  and 
place.  When  the  shipper  making  such  application  si)eci- 
fies  a  future  day  on  which  he  desires  to  make  a  ship- 
ment, giving  notice  thereof,  for  not  less  than  the  num- 
ber of  days  specified  above  computing  from  7  oclock 
A.  M  of  the  day  following  such  application,  the  railroad 
company  shall  furnish  such  car  or  cars  on  the  day  or 
days    specified    in    such    application. 

Failure  to  furnish  cars,  penalty  for.  §  5599.  For  failure 
to  comply  with  the  provisions  of  the  preceding  section 
the  company  so  offending  shall  forfeit  and  pay  to  the 
shipper  applying  the  sum  of  $1  per  car  per  day  for  each 
day  or  fraction  of  a  day  of  delay  after  the  expiration 
of  free  time  in  furnishing  said  cars,  upon  demand  in 
writing  made  within  60  days  thereafter  by  the  shipper; 
provided  the  total  forfeiture  shall  not  exceed  $10  dol- 
lars for  each  car. 

Receipts  for  application.  §  5600.  The  applicant  may  re- 
quire the  agent  or  officer  with  whom  the  application  is 
filed  to  give  a  written  receipt  for  the  a))plication,  stating 
the   time   of  the   receipt  of  the  application. 

Delay  in  furnishing  caused  by  act  of  God.  §  5601.  If 
the  railroad  company  shall  be  delayed  in  furnishing  the 
cars  applied  for,  by  an  act  of  God  or  by  an  accident  on  the 
road  or  by  a  strike,  the  delay  thus  caused  shall  be 
added  to  the  free  time  allowed  for  the  furnishing  of 
said  cars. 

Freight  tendered  to  railroad  company  for  shipment — 
Penalty  for  failure  to  ship  promptly.  §  5602.  When  freight 
in  car  loads  or  less  is  tendered  to  a  railroad  company  and 
correct  shipping  instructions  given,  the  railroad  agent  must 
immediately  receive  the  same  for  shipment  and  issue  bills 
of  lading  therefor  and  whenever  such  shipments  have  been 
so  received  by  any  railroad  company,  they  must  be  carried 
forward  at  the  rate  of  not  less  than  50  miles  per  day  of 
24  hours,  computing  from  seven  o'clock  a.  m.  of  the  day 
following  receipt  of  shipment,  and  for  failure  to  receive 
and  transport  to  their  destination  such  shipments  within 
the    time    prescribed    the    railroad    company    so    offending 


294 


Nation Ai-  Association  of  ILulway  CoiiiiissiONERS 


shall  forfeit  and  pay  to  the  shipper,  or  consignee,  accord- 
ing to  whose  interest  is  affected  by  the  delay,  the  sum  of 
$1  per  car  for  each  day,  or  fraction  of  a  day  of  delay  be- 
yond the  free  time  allowed  on  all  car  load  freight,  and 
1  cent  per  100  pounds  per  day,  or  fraction  thereof,  of  delay 
on  freight  in  less  than  can  loads  with  minimum  charge  of 
5  cents  for  any  one  package,  upon  demand  in  writing  by 
the  shipper  or  consignee  whose  interest  is  affected  by  such 
delay;  in  computing  the  time  of  freight  in  transit,  there 
shall  be  allowed  24  hours  at  each  point  where  transferring 
from  one  railroad  to  another  or  rehandling  of  freight  is 
involved.  The  total  forfeiture  shall  not  exceed  $10  on  con- 
signments not  in  excess  of  a  carload,  and  the  total  for- 
feiture for  each  car  shall  not  exceed  flO. 

Delay  caused  by  accident  and  without  negligence  of  rail- 
road company.  §  5603.  The  period  during  which  the  move- 
ment of  freight  is  suspended  on  account  of  accident  or  any 
<;ause  not  within  the  power  of  the  railroad  company  to 
prevent,  and  not  due  to  any  negligence  of  the  railroad 
■company  or  that  of  its  employes,  shall  be  added  to  the  free 
time  allowed  in  the  preceding  section,  and  counted  as 
additional  free  time. 

Notice  to  consignee  of  arrival  of  freight — Failure  to 
Hive.  §  5604.  Railroad  companies  shall,  within  24  hours 
after  arrival  of  shipment,  give  notice,  by  mail  or  other- 
wise, to  consignee  of  the  arrival  of  shipments,  together 
with  the  weight  and  amount  of  freight  charges  due  thereon; 
•on ;  and  where  goods  or  freight  in  carload  quantities  ar- 
rive, such  notice  shall  contain  the  date  and  hour  the  car 
arrived,  also  identifying  numbers,  letters  and  initials  of 
the  car  or  cars,  and  if  such  goods  or  freight  are  trans- 
ferred to  another  car  or  cars  in  transit,  the  number  and 
initials  of  the  car  in  which  originally  shipped.  Any  rail- 
road company  failing  to  give  such  notice  within  the  time 
required  by  this  section  shall  forfeit  and  pay  to  the  shipper 
or  consignee  whose  interest  is  affected  the  sum  of  $1  per 
car  per  day  for  each  day  or  fraction  of  a  day  of  delay  in 
giving  such  notice  on  all  carload  shipments,  and  1  cent 
per  100  pounds  per  day  each  day  or  fraction  of  a  day 
of  such  delay  on  freight  in  less  than  carloads,  with  mini- 
mum charge  of  5  cents  for  any  one  package  after  the  ex- 
piration of  said  24  hours;  provided,  that  not  more  than 
?1  per  day  and  not  more  than  a  total  of  $10  shall  be 
charged  for  any  one  consignment  not  in  excess  of  a  carload, 
and  that  the  total  forfeiture  shall  not  exceed  $10  for  each 
car. 

Delivery  of  freight  at  depots  or  icarehouses — Track  de- 
livery— Penalty  for  failure  to  deliver.  §  5605.  Railroad 
companies  shall  deliver  at  their  depots  or  warehouses,  or, 
in  case  of  shipment  for  track  delivery,  shall  place  loaded 
cars  at  an  accessible  place  for  unloading  within  24  hours 
after  arrival,  computing  from  7  o'clock  a.  m.  the  day  fol- 
lowing the  arrival  of  same.  Carload  shipments  for  track 
delivery  at  local  stations  having  not  more  than  one  team 
track  shall  be  placed  at  an  accessible  point  for  unloading 
by  the  conductor  of  the  train  on  which  the  car  arrived. 
For  failure  to  comply  with  the  provisions  of  this  section 
the  railroad  company  shall  forfeit  and  pay  to  the  shipper 
or  jConsignee,  according  to  whose  interest  is  affected  by  the 
delay,  $1  per  day  for  each  day  or  fraction  of  a  day  such 
delivery  is  so  delayed;  but  the  total  forfeiture  shall  not 
•exceed  $10  for  eacli  car. 

Subject  to  demurrage  or  car  service  charges.  §  5606. 
All  carload  freight  carried  at  carload  rates,  and  all  freight 
In  cars,  whether  full  cars  or  not,  taking  track  delivery, 
shall  be  subject  to  the  demurrage  or  car  service  charges 
prescribed  in  this  article. 

Time  allotvcd  shippeY  for  loading  cars.  §  5607.  A 
shipper  on  whose  order  a  car  or  cars  have  been  placed  for 
loading  shall  be  allowed  48  hours  for  the  loading  of  such 
car  or  cars,  computing  the  time  from  7  a.  m.  the  day  after 
such  car  or  cars  have  been  placed  subject-  to  the  order  of 
■the  shipper,  and  thereafter  a  demurrage  charge  of  no; 
more  than  $1  dollar  per  car  per  day,  or  fraction  of  a  day, 
of  delay  may  be  assessed  and  collected  on  all  such  cars  as 
have  not  been  tendered  to  the  railroad  company  with  ship- 
ping instructions  within  said  48  hours;  but  should  the 
shipper  fail  to  begin  loading  within  48  hours  after  the 
expiration  of  free  time,  the  railroad  company  shall  consider 
the  car  or  cars  released,  and  may  assess  and  collect  $2 
on  each  car,  covering  the  demurrage  then  due;  but  the 
total  forfeiture  shall  not  exceed  $10  per  car. 

Shippers  in  default  of  payment  of  demurrage.     §5608. 


Railroad  companies  shall  not  be  compelled  to  furnish  cars 
for  future  shipments  to  parties  in  default  or  arrears  as  to 
the  payment  of  the  demurrage  charges  until  such  demur- 
rage charges  have  been  paid. 

Railroad  removing  or  bunching  cars  after  placing  for 
shipment.  §5609.  If,  after  placing  the  car  or  cars  required 
by  this  article,  the  railroad  company  shall,  during  or  after 
free  time,  temporarily  remove  all  or  any  of  them,  or  in 
any  way  prevent,  obstruct,  or  delay  the  loading  of  the 
same,  the  shipper  shall  not  be  chargeable  with  the  delay 
caused  thereby.  When,  by  reason,  of  delay  or  irregularity 
on  the  part  of  the  railroad  company  in  filling  orders,  cars 
are  bunched  in  excess  of  the  ability  of  the  shipper,  to 
load,  the  shipper  shall  be  allowed  separate  and  distinct 
periods  of  free  time  within  which  to  load  the  car  or  cars 
specified  in  each  separate  application. 

Cars  held  for  shipping  instructions.  §  5610.  A  car  or 
cars  detained  or  held  at  point  of  shipment  for  want  of 
proper  shipping  instructions,  or  by  reason  of  imperfect  or 
excessive  loading,  where  loading  is  done  by  shipper,  shall 
be  subject  to  a  demurrage  charge  of  $1  per  car  per  day,  or 
fraction  of  a  day,  beyond  the  free  time  said  car  or  cars  are 
so  detained  or  held. 

Imperfect  or  excessive  loading,  notice  of.  §  5611.  In 
case  of  imperfect  or  excessive  loading,  the  shipper  shall  be 
notified  thereof  as  early  as  practicable  after  said  car  or 
cars  have  been  received  from  him,  in  which  case  above  car 
service  charges  shall  begin  from  the  time  of  notiflcatl'm 
that  the  free  time  has  expired;  but  the  total  charge  or 
forfeiture  shall  not  exceed  $10  for  each  car. 

Notice  actual  or  constructive  defined,  how  given.  §  561 2. 
Legal  notice,  as  referred  to  in  this  article,  may  be  eithjr 
actual  or  constructive.  Where  the  consignee  or  his  age  xt 
is  personally  served  with  notice  of  the  arrival  of  freig  it 
at  or  before  6  p.  m.  of  any  day,  free  time  begins  at  7  o'clo  k 
a.  m.  on  the  day  after  such  notice  has  been  given.  Cca- 
structive  notice  referred  to  consists  of  posting  notice  ly 
mail  to  consignee.  Where  this  mode  of  giving  notice  is 
adopted  there  shall  be  24  hours'  additional  free  time  fro  n 
the  time  said  notice  is  mailed.  Where  notice  of  arrival  is 
given  by  mail,  the  consignee  shall  make  oath  that  neith  ^r 
he,  his  agent,  nor  his  employes,  have  received  such  notlc  r, 
then  he  will  be  held  not  to  have  received  legal  noticaa>|| 
reason  of  posting  of  said  notice  by  mail.  M  l| 

Freight  not  removed  within  forty-eight  hours  after  no- 
tice of  arrival,  demurrage  charges.  §  5613.  All  packa  ;e 
freight  unloaded  by  railroad  companies  in  their  depo  s 
or  warehouses  which  is  not  removed  by  the  owne  s 
thereof  from  the  custody  of  the  railroad  company  with  n 
48  hours,  computing  from  7  o'clock  a.  m.  of  the  di  y 
following  legal  notice  of  arrival,  may  be  subject  to  a 
charge  for  storage  for  each  day  or  fraction  of  a  day  it 
may  remain  in  the  custody  of  the  railroad  company,  is 
follows:  In  less  than  carloads,  not  more  than  1  ce  it 
per  hundred  pounds  per  day  or  fraction  thereof;  in  ci  r- 
load  quantities,  not  more  than  10  cents  per  ton  of  2,0  lO 
pounds  per  day  or  fraction  thereof,  but  not  exceeding 
$1  per  carload  per  day  or  fraction  of  a  day:  but  in  :io 
case  shall  the  amount  so  charged  or  collected  for  stora;e 
of  less-than-a-carload  shipment  exceed  the  amount  au- 
thorized to  be  charged  as  storage  or  demurrage  on  a 
carload  of  similar  freight  for  the  same  length  of  tin  p, 
when  not  unloaded  from  car  as  provided  by  this  artic  e. 
and  the  total  charge  shall  not  exceed  $10  for  each  ci  r- 
load.  nor  $10  on  consignment  less  than  a  carload. 

Freight  time  of  unloading  after  arrival,  demurra  ic 
charges.  §  5614.  Loaded  cars  containing  fertilizer,  hs  y, 
coal,  coke,  brick  and  lumber  in  covered  cars,  and  tie 
following  articles  in  bulk:  Meat,  potatoes,  grain  a: id 
grain  products,  cotton  seed,  cotton  seed  meal  and  cotton 
seed  hulls,  taking  track  delivery,  which  are  to  be  in- 
loaded  by  ccnsignee,  but  are  not  unloaded  within  72 
hours,  computed  from  7  o'clock  a.  m.  the  day  followi  ig 
the  day  legal  notice  of  arrival  is  given  (having  bean 
placed  at  the  accessible  point  designated  by  consignee 
for  unloading)  may  be  subject  thereafter  to- a  charge  (.r 
demurrage  of  $1  per  car  for  each  day  or  fraction  of  a 
day  beyond  the  free  time  that  they  may  remain  loaded 
in  possession  of  the  railroad  company,  but  the  total 
charge  or  forfeiture  shall  not  exceed  $10  for  each  car. 
All  other  loaded  cars,  taking  track  delivery,  to  be  un- 
loaded by  consignee  shall  be  limited  to  48  hours  of  free 
time. 


Public  Service  Laws 


295 


Railroad  removing  or  bunchi^ig  cars  after  heing  placed 
for  unloading.  §  5615.  If,  after  placing  a  car  or  cars  as 
required  in  this  article,  the  railroad  company  shall,  dur- 
ing or  after  free  time,  temporarily  remove  all  or  any 
of  them,  or  in  any  way  obstruct  the  unloading  of  same, 
the  consignee  shall  net  be  chargeable  with  the  delay 
caused  thereby;  and  when,  on  account  of  delay  or  ir- 
regularity in  transportation,  cars  are  bunched  in  transit, 
and  delivered  to  consignee  in  number  beyond  his  rea- 
sonable ability  to  unload  withit»'  the  free  time  prescribed 
in  this  article,  he  shall  be  allowed  by  the  carrier  such 
additional  time  as  may  be  necessary  to  unload  cars  so 
in  excess  by  the  exercise  of  due  and  usual  diligence  on 
the  part  of  consignee  and  based  on  consignee's  average 
discharge  in   the  past. 

Exceptions  and  exemptions  in  certain  cases.  §  5616. 
Whenever  the  weather,  during  the  period  of  free  t;me. 
Is  so  severe,  Inclement  or  rainy  that  it  is  impossible  or 
impracticable  to  secure  means  of  leading  or  unloading 
freight,  or  when,  from  the  nature  of  the  goods,  loading 
or  unloading  would  cause  injury  or  damage,  such  time 
shall  be  added  to  the  free  period,  and  no  demurrage 
charges  shall  be  allowed  for  such  additional  free  time. 
This  section  applies  to  the  state  of  the  weather  durfng 
business  hours.  A  consignor  or  consignee  3  miles  or 
more  from  the  depot,  and  whose  freight  is  destined  to 
or  frcm  his  place  of  business  or  residence  so  located, 
shall  not  be  subject  to  storage  or  demurrage  charges 
allowed  in  the  foregoing  sections  until  a  sufficient  time 
has  elapsed  after  notice  for  said  consignee  or  consignor 
to  remove  or  load  said  goods  by  the  exercise  of  ordinary 
diligence. 

Time  limit  for  loading  and  unloading.  §  5617.  The 
time  limit  for  loading  or  unloading  shall  not  be  less 
than  four  days  nor  more  than  six  days  from  the  date 
notice  is  given. 

Freight  in  carload,  shipped  for  export.  §  5618.  On  car- 
load freight  originating  in  Alabama,  and  shipped  on  local 
bills  of  lading  to  a  terminal  point  at  a  port  within  this 
State  for  export,  there  shall  be  allowed  10  days'  free 
time,  computing  from  7  o'clock  a.  m.  the  day  after 
arrival  of  car  or  cars,  before  application  of  storage  or 
demurrage    charges. 

Storage  of  freight  at  expense  of  owner.  §  5619.  Incom- 
ing carload  freight,  if  the  same  is  net  removed  before 
demurrage  charged  to  the  amount  of  $5  attach,  may  be 
stored  by  the  carrier  in  its  own  depots  or  warehouses, 
or  in  public  or  private  warehouses  at  the  expense  of  the 
consignee  or  owner;  provided,  the  rates  charged  for 
sucl!  storage  shall  be  reasonable  and  that  after  storage 
attach  no  demurrage  charges  shall  be  made. 

Consignee  refusing  to  accept  freight  tendered,  notice  to 
consignor  of  such  refusal;  consignor  liable  for  demurrage. 
%  5620.  If  the  consignee  shall  refuse  to  accept  freight 
tendered  in  pursuance  of  the  bill  of  lading,  the  carrier, 
charged  with  the  duty  of  delivery,  shall  at  once  give 
notice  to  the  consignor  of  such  refusal  and,  if  said  con- 
signor shall  not,  within  four  days  thereafter,  give  direc- 
tion for  the  reshipment  or  unloading,  or  other  disposi- 
tion of  such  goods,  he  shall  thenceforth  become  liable 
to  such  carrier  for  storage  on  such  goods  or  demurrage 
upon  the  car  or  cars  in  which  they  are  stored  to  the 
same  extent  and  at  the  same  rates  as  such  charges  are 
now,  under  like  circumstances  by  the  provisions  of  this 
article,  imposed  upon  consignees  who  neglect  or  refuse, 
after  notice  of  arrival,  to  remove  freight  of  like  char- 
acter from  the  depots  or  cars  of  a  carrier. 

Consignee  once  refusing  to  accept  freight  must  pay 
cumulative  charges.  §  5621.  A  consignee  who  has  once  re- 
fused to  accept  a  consinment  of  goods  shall  not  there- 
after be  entitled  to  receive  the  same,  except  upon  pay- 
ment of  all  charges  for  storage  or  demurrage  which 
have  accrued,  and,  if  the  consignee  of  freight  in  carloads 
or  less  than  carloads  shall  fail  or  neglect  to  remove 
such  freight  within  three  days  after  the  expiration  of 
free  time,  then  the  carrier  shall,  through  the  agent  at 
point  of  shipment,  so  notify  the  shipper,  unless  the 
consignee  has  signified  his  acceptance  of  the  property. 
Said  notice  may  be  served   personally  or  given  by  mail. 

Freight  consigned  to  order,  consignee  not  given,  notice 
in   such  cases,     i  5622.     When  consignors  ship  goods  con- 


signed to  order,  but  express  in  their  bill  of  lading  or 
shipping  directions  the  name  of  a  person  at  destination 
to  be  notified,  the  railroad  or  other  transportation  com- 
pany shall  give  notice  to  such  party  in  the  same  way 
as  if  the  shipment  had  been  made  direct  to  him.  When 
consignors  do  not  designate  the  name  of  the  person  to 
be  notified,  the  railroad  or  other  transportation  company 
shall  give  such  notice  only  to  such   consignors. 

Discriminations  not  permitted.  §  5623.  Railroads  shall 
not  discriminate  between  persons  or  places  in  storage 
or  demurrage  charges.  No  rebate,  drawback  or  other 
similar    device    shall    be    allowed. 

Cars  on  private  tracks.  §  5624.  No  demurrage  shall  be 
charged  on  private  cars  standing  on  private  tracks,  when 
both  cars  and  track  are  owned  by  the  same  person. 
When  the  cars  are  not  owned  by  the  owners  of  the  tracks 
no  demurrage  shall  be  charged;  provided,  the  person 
owning  the  tracks  shall  furnish  to  the  delivering  railway 
satisfactory  evidence  that  the  owner  of  the  cars  releases 
both  him  and  the  delivering  road  from  the  payment  of 
demurrage. 

Shippers  on  railroads  may  contract.  §  5625.  Nothing  in 
the  foregoing  rules  shall  be  construed  to  prohibit  rail- 
road companies  from  contracting  with  shippers  and  con- 
signees on  terms  of  mutual  convenience  in  the  matter 
of  furnishing  and  discharging  cars;  but  such  contracts 
shall  be  so  drawn  as  to  give  to  either  party  the  right 
to  cancel  the  same  on  10  days'  notice,  and  thereafter 
demand  the  application  cf  this  article.  In  all  computa- 
tions of  time,  under  the  provisions  of  this  article,  Sun- 
days  and    legal   holidays    shall   be   excluded. 

Penalties  herein  provided  no  iar  to  nor  not  in  lieu  of 
actual  damages.  §  5626.  Nothing  in  this  article  shall  be 
so  construed  as  to  bar  or  prevent  any  shipper  or  con- 
signee from  recovering  from  any  railroad  company,  in 
addition  to  the  penalties  herein  prescribed,  such  actual 
damages  as  he  may  have  sustained  by  reason  of  any 
violation  of  the  provisions  of  this  article  by  such  com- 
pany. 

Delivery  of  freight  to  telt  or  switching  lines  or  roads — 
Penalty  in  such  cases.  §  5627.  In  all  cases  where  a  car 
or  cars,  loaded  cr  empty,  shall  be  delivered  by  any 
carrier  to  any  switching  line  or  belt  line  for  transfer  to 
the  shipper  or  consignee,  if  any  demurrage  charge  or 
other  charge  or  forfeiture  shall  be  incurred  by  or  in 
favcr  of  the  shipi>er  or  consignee  or  the  carrier,  by  reason 
of  any  fault,  negligence  or  delay  on  the  part  of  such 
switching  line  or  belt  line,  said  switching  line  or  belt 
line  shall  forfeit  and  pay  to  the  said  shipper  or  con- 
signee, according  to  whose  interest  is  alTected.  such 
sum  as  said  shipper  or  consignee  shall  be  required  to 
pay,  and  shall  pay  to  said  carrier  under  the  provisions 
of  this  article,  as  a  demurrage  or  other  charge,  and 
shall  forfeit  and  pay  to  such  carrier  such  sums  as  it 
shall  be  required  to  pay,  under  the  provisions  of  this 
article    to  such  shipper  or  consignee. 

Actions  for  recovery  of  penalties,  charges  and  damages. 
§  5628.  Any  charge  or  forfeiture  incurred  by  any  carrier, 
including  any  switching  line  or  belt  line,  in  favor  of 
any  shipper  or  consignee,  under  the  provisions  of  this 
article,  may  be  recovered  in  an  action  of  assumpsit  or 
debt,  or  under  a  count  claiming  the  same  in  a  complaint 
in  any  suit  to  recover  such  damages  as  he  may  have  sus- 
tained by  reason  of  any  violation  of  the  provisions  of 
this   article. 

Written  claim  for  charge  or  forfeiture  verified  by  affi- 
davit filing  with  railroad  company — Threefold  pciialty  for 
failure  to  settle.  §  5629.  If  any  shipper  or  consignee  shall, 
before  suit  commenced,  and  within  CO  days  after  any 
such  charge  or  forfeiture  in  his  favor  has  been  incurred, 
file  a  written  claim,  verified  by  affidavit,  for  such  charge 
or  forfeiture,  with  any  officer,  manager,  superintendent, 
freight  agent  or  staticn  agent  of  the  carrier  against 
which  the  claim  was  incurred,  and  if,  within  60  days 
after  the  filing  of  said  claim,  the  same  shall  not  be 
adjusted,  and  paid  by  said  carrier,  then  the  amount  of 
charge  or  forfeiture  recoverable  against  said  carrier  and 
for  which  it  shall  be  liable  shall  be  threefold  the  amount 
prescribed  in  this  article;  provided,  the  proof  shows  that 
the  claim  filed  as  aforesaid  was  net  for  more  than  the 
shipper  was  entitled  to  under  the  provisions  of  this 
article. 


29G 


Xatiox.vl  Association"  of  I^aii.w  vy  Commission kiw 


Export  shipments  defined.  §  5630.  Any  car  of  freight 
shipped  from  Mobile  by  steamer,  sail  or  other  water 
craft,  destined  for  a  port  outside  the  State  of  Alabama, 
shall  constitute  an  export  shipment  and  entitle  shipper 
to   export  time   limit,   as   defined   by   this   article. 

Railroad  commission  may  change  rules  as  to  demurrage, 
car  service,  etc.  §  5631.  The  railroad  commission  of  Ala- 
bama may  modify   or   change,   from   time  to   time,   as   in 


its  judgment  conditions  may  render  necessary  or  ex- 
pedient, any  and  all  rules  and  regulations  prescribed  by 
statute,  relating  to  demurrage  and  car  service  and 
charges  therefor,  and  respective  rights,  duties  and  obli- 
gations of  common  carriers  by  rail,  and  shippers  and 
consignees,  with  respect  to  furnishing  empty  cars  and 
the  transportation  and  delivery  of  freight  and  delay  in  . 
the  loading  and  unloading  of  cars  and  receiving  of  freight  { 
and  charges  therefor. 


PUBLIC  SERVICE  LAWS  OF  ARIZONA 


Note — Assuming  that  Arizona  will  be  admitted  to  state- 
hood with  a  constitution  substantially  identical  with 
the  proposed  constitution  adopted  in  1911,  we  give  the 
provisions  thereof  bearing  upon  railroads  and  also  the 
statute  under  which  the  commission  is  now  acting. 

CONSTITUTIONAL     PROVISIONS. 

The     Proposed    Constitution    for    the    State    of    Arizona 

Adopted    by   the    Constitutional    Convention,   Held 

at    Phoenix,    Arizona,    from    October    10 

to    December    9,    1910. 

*         «         * 

ARTICLE  Xin. 

MU-NICIPAL   CORPORATIONS. 

No  franchise  except  by  popular  vote,  nor  for  more  than 
25  years.  §  4.  No  municipal  corporation  shall  ever  grant, 
extend,  or  renew  a  franchise  without  tlie  approval  of 
a  majority  of  the  qualified  electors  residing  within  its 
corporate  limits  who  shall  vote  thereon  at  a  general  or 
special  election,  and  the  legislative  body  of  any  such 
corporation  shall  submit  any  such  matter  tor  approval 
or  disapproval  to  such  electors  at  any  general  municipal 
election,  or  call  a  special  election  for  such  purpose  at 
any  time  upon  thirty  days'  notice.  No  franchise  shall 
be  granted,  extended,  or  renewed  for  a  longer  time  than  25 
years. 

State  regulation  preserved— No  franchise  to  he  exclu- 
sive. §  6.  No  grant,  extension  or  renewal  of  any  franchise 
or  other  use  of  the  streets,  alleys,  or  other  public 
grounds,  or  ways,  of  any  municipality  shall  divest  the 
State  or  any  of  its  subdivisions  of  its  or  their  control 
and  regulation  of  such  use  and  enjoyment;  nor  shall 
the  power  to  regulate  charges  for  public  services 
surrendered;  and  no  exclusive  franchse  shall  ever 
granted. 

ARTICLE  XIV. 

CORPOR.VTIOXS    OTHKK   THAN    MUNICIPAL. 

Corporation  defined.  §  1.  The  term  "corporation,"  as 
used  in  this  article,  shall  be  construed  to  include  all 
associations  and  joint  stock  companies  having  any 
powers  or  privileges  of  corporations  not  possessed  by 
individuals  or  copartnerships,  and  all  corporations  shall 
have  the  right  to  sue  and  shall  be  subject  to  be  sued, 
in  all  courts,  in  like  cases  as  natural  persons. 

Effect  of  lease  of  franchise.  §  7.  No  corporation  shall 
lease  or  alienate  any  franchise  so  as  to  relieve  the 
franchise,  or  property  held  thereunder,  from  the  lia- 
bilities of  the  lessor,  or  grantor,  lessee,  or  grantee, 
contracted  or  incurred  in  the  operation,  use,  or  en- 
joyment of  such  franchise  -or  of  any  of  its  privileges. 

Reservation  of  State's  right  of  eminent  domain.  %  9.  The 
right  of  exercising  eminent  domain  shall  never  be  so 
abridged  or  construed  as  to  prevent  the  State  from  taking 
the  property  and  the  franchises  of  incorporated  com- 
panies and  subjecting  them  to  public  use  the  same  as 
the  property  of  individuals. 

Monopolies  and  trusts.  §  15.  Monopolies  and  trusts 
shall  never  be  allowed  in  this  State,  and  no  incor- 
porated company,  co-partnership,  or  association  of  per- 
sons in  this  State  shall  directly  or  indirectly  combine 
or  make  any  contract,  with  any  incorporated  company, 
foreign  or  domestic,  through  their  stockholders  or  the 
trustees  or  assigns  of  such  stockholders  or  with  any 
co-partnership  or  association  of  persons,  or,  in  any  man- 
ner whatever,  to  fix  the  prices,  limit  the  production,  or 
regulate  the  transportation  of  any  product  or  commodity. 


be 
be 


The   legislature   shall   enact   laws   for  the   enforcement  of  i 
this  section  by  adequate  penalties,  and  in  the  case  of  incor- 
porated   companies,   if   necessary    for   that   purpose,    may,  ' 
as  a   penalty   declare   a   forfeiture   of  their  franchises. 

Visitorial  and  inquisitorial  powers  of  the  State.  §  16.  Tte 
records,  books  and  files  of  all  public  service  corponi- 
tions.  State  banks,  building  and  loan  associations,  trust, 
insurance  and  guaranty  companies  shall  be  at  all  times 
liable  and  subject  to  the  full  visitorial  and  inquisitori!  1 
powers  of  the  State,  notwithstanding  the  immunities  anl 
privileges  secured  in  the  Declaration  of  Rights  of  this 
Constitution  to  persons,  inhabitants  and  citizens  of  t' 
State.  , 


ARTICLE  XV. 

THE   CORPORATION    COMMISSION. 


II 


How  created — Term — Office — Vacancies.  §1.  Acorpon.- 
tion  commission  is  hereby  created  to  be  composed  c  f 
three  persons,  who  shall  be  elected  at  the  general  elei  - 
tion  to  be  held  under  the  provisions  of  the  Enablin ; 
Act  approved  June  20,  1910,  and  whose  term  of  offio 
shall  be  co-terminous  with  that  of  the  governor  of  th  > 
State  elected  at  the  same  time,  and  who  shall  mail  - 
tain  their  chief  office,  and  reside,  at  the  State  capita  . 
At  the  first  general  State  election  held  under  this  coi - 
stitution  at  which  a  governor  is  voted  for,  three  con  - 
missioners  shall  be  elected  who  shall,  from  and  afte  • 
the  first  Monday  in  .lanuary  next  succeeding  said  ele<  - 
tion,  hold  oflSce  as  follows:  J  j 

The  one  receiving  the  highest  number  of  votes  slfll 
serve  six  years,  and  the  one  receiving  the  second  highelt 
number  of  votes  shall  serve  four  years,  and  the  on  j 
receiving  the  third  highest  number  of  votes  shall  serv  $ 
two  years.  And  one  commissioner  shall  be  elected  ever.' 
two  years  thereafter.  In  case  of  vacancy  in  said  oflflc*  , 
the  governor  shall  appoint  a  commissioner  to  fill  sue  i 
vacancy.  Such  appointed  commissioner  shall  fill  sue  i 
vacancy  until  a  commissioner  shall  be  elected  at  i. 
general  election  as  provided  by  law,  and  shall  qualif: . 
The  qualifications  of  commissioners  may  be  prescribe  I 
by   law. 

Jurisdiction  over  tchat  corporations.  §2.  All  corpori.- 
tions  other  than  municipal  engaged  in  carrying  persons 
or  property  for  hire;  or  in  furnishing  gas,  oil,  or  ele<  • 
tricity  for  light,  fuel,  or  power;  or  in  furnishing  water 
for  irrigation,  fire  protection,  or  other  public  purposes , 
or  in  furnishing,  for  profit,  hot  or  cold  air  or  steari 
for  heating  or  cooling  purposes;  or  in  transmittln? 
messages  or  furnishing  public  telegraph  or  telephone 
service,  and  all  corporation, s  other  than  municipal,  oi>- 
erating  as  common  carriers,  shall  be  deemed  public 
service  corporations. 

Power  as  to  classifications,  rates,  rules,  forms  of  con- 
tracts, systems  of  accounts,  dealings  with  employes  and 
with  the  public.  §  3.  The  corporation  commission  shall 
have  full  power  to,  and  shall,  prescribe  just  and  reason- 
able classifications  to  be  used,  and  just  and  reasonable 
rates  and  charges  to  be  made  and  collected,  by  public 
service  corporations  within  the  State  for  service  rendered 
therein,  and  make  reasonable  rules,  regulations,  and 
orders,  by  which  such  corporations  shall  be  governed  in 
the  transaction  of  business  within  the  State,  and  may 
prescribe  the  forms  of  contracts  and  the  systems  of 
keeping  accounts  to  be  used  by  such  corporations  in 
transacting  such  business,  and  make  and  enforce  reason- 
able rules,  regulations,  and  orders  for  the  convenience, 
comfort  and   safety,   and   the   preservation   of  the   health. 


PuKLic  Sekvicu  Laws 


297 


of  the  employes  and  patrons  of  such  corporations;  pro- 
vided that  incorporated  cities  and  towns  may  be  au- 
thorized by  law  to  exercise  supervision  over  public 
service  corporations  doing  business  therein,  including 
the  regulation  of  rates  and  charges  to  be  made  and 
collected  by  such  corporations;  provided  further,  that 
classifications,  rates,  charges,  rules,  regulations,  orders 
and  forms  or  systems  prescribed  or  made  by  said  cor- 
poration commission  may  frorti  time  to  time  be  amended 
or   repealed   by   such   commission. 

Poicers  as  to  inspection  and  investigation.  §  4.  The 
corporation  commission,  and  the  several  members  thereof, 
shall  have  power  to  Inspect  and  investigate  the  property, 
books  papers,  business,  methods  and  affairs  of  any 
corporation  whose  stock  shall  be  offered  for  sale  to 
the  public,  and  of  any  public  service  corporation  doing 
business  within  the  State,  and  for  the  purpose  of  the 
commission,  and  of  the  several  members  thereof,  shall 
have  the  power  of  a  court  of  general  jurisdiction  to 
enforce  the  attendance  of  witnesses  and  the  production 
of  evidence  by  subpoena,  attachment  and  punishment, 
which  said  power  shall  extend  throughout  the  State. 
Said  commission  shall  have  power  to  take  testimony 
under  commission  or  deposition  either  within  or  without 
the  State. 

Power  to  incorporate  domestic  and  license  foreign  cor- 
porations. §  5.  The  corporation  commission  shall  have  the 
sole  power  to  issue  certificates  of  incorporation  to  com- 
panies organizing  under  the  laws  of  this  State,  and  to 
issue  licenses  to  foreign  corporations  to  do  business  In 
this  State,  as  may  be  prescribed  by  law. 
'~' Poicers  of  commission  may  6e  enlarged  'by  the  legisla- 
ture—Rules and  regulations.  §  6.  The  law-making  power 
may  enlarge  the  powers  and  extend  the  duties  of  the 
coriMration  commission,  and  may  prescribe  rules  and 
regulations  to  govern  proceedings  instituted  by  and  be- 
fore it:  but  until  such  rules  and  regulations  are  pro- 
vided by  law,  the  commission  may  make  rules  and 
regulations   to   govern  such   proceedings. 

Public  service  corporations  may  construct  lines.  §  7. 
Every  public  service  corporation  organized  or  authorized 
under  the  laws  of  the  State  to  do  any  transportation  or 
transmission  business  within  the  State  shall  have  the 
right  to  construct  and  operate  lines  connecting  any  points 
within  the  State,  and  to  connect  at  the  State  boundaries 
with  like  lines;  and  every  such  corporation  shall  have 
the  right  with  any  of  its  lines  to  cross.  Intersect,  or 
connect  with,  any  lines  of  any  other  public  service  cor- 
poration. 

Delay  and  discrimination  forbidden  —  Transportation 
companies.  §  8.  Every  public  service  corporation  doing  a 
transportation  business  within  the  State  shall  receive 
and  transport,  without  delay  or  discrimination,  cars 
loaded  or  empty,  property  or  passengers  delivered  to  it 
by  any  other  public  service  corporation  doing  a  similar 
business,  and  deliver  cars,  loaded  or  empty,  without 
delay  or  discrimination,  to  other  transportation  cor- 
porations, under  such  regulations  as  shall  be  prescribed 
by  the  corporation  commission,  or  by  law. 

Delay  and  discrimination  in  transmitting  messages. 
S  9.  Every  public  service  corporation  engaged  in  the  busi- 
ness of  transmitting  messages  for  profit  shall  receive 
and  transmit,  without  delay  or  discrimination,  any  mes- 
sages delivered  to  it  by  any  other  public  service  cor- 
poration engaged  in  the  business  of  transmitting  mes- 
sages for  profit,  and  shall,  with  its  lines,  make  physical 
connection  with  the  lines  of  any  public  service  corpora- 
tion engaged  in  the  business  of  transmitting  messages 
for  profit,  under  such  rules  and  regulations  as  shall  be 
prescribed  by  the  corporation  commission,  or  by  law; 
provided,  that  such  public  service  corporations  shall 
deliver  messages  to  other  such  corporations,  without 
delay  or  discrimination,  under  such  rules  and  regulations 
as  shall  be  prescribed  by  the  corporation  commission,* 
or  by  law. 

Railways  declared  public  highways.  §  10.  Railways 
heretofore  constructed,  or  that  may  hereafter  be  con- 
structed, in  this  State,  are  hereby  declared  public  high- 
ways, and  all  railroad,  car,  express,  electric,  transmission, 
telegraph,  telephone,  or  pipe  line  corporations,  for  the 
transportation  of  persons,  or  of  electricity,  messages, 
water,  oil  or  other  property  for  profit,  are  declared  to 
be  common   carriers   and  subject   to  control   by   law. 


Rolling  stock  personal  property  aud  liable  to  attachment 
without  exemption.  §  11.  The  rolling  stock  and  all  other 
movable  property  belonging  to  any  public  service  cor- 
poration in  this  State  shall  be  considered  personal 
property,  and  its  real  and  personal  property,  and  every 
■part  thereof  shall  be  liable  to  attachment,  execution  and 
sale  In  the  same  manner  as  the  property  of  individuals; 
and  the  law-making  power  shall  enact  no  laws  ex- 
empting any  such  property  from  attachment,  execution 
or  sale. 

All  charges  to  be  reasonable  and  just — Free  transporta- 
tion. §  12.  All  charges  made  tor  service  rendered,  or  to  be 
rendered,  by  public  service  corporations  within  this 
State  shall  be  just  and  reasonable,  and  no  discrimination 
in  charges,  service,  or  facilities  shall  be  made  between 
persons  or  places  for  rendering  a  like  and  contemporane- 
ous service,  except  that  the  granting  of  free  or  reduced 
rate  transportation  may  be  authorized  by  law,  or  by  the 
corporation  commission,  to  the  classes  of  persons  de- 
scribed in  the  Act  of  congress  approved  February  11, 
1887,  entitled  an  Act  to  regulate  commerce,  and  the 
amendments  thereto,  as  those  to  whom  free  or  reduced 
rate   transportation   may   be   granted. 

Reports  by  public  service  corporations.  §  13.  All  public 
service  corporations  and  corporations  whose  stock  shall 
be  offered  for  sale  to  the  public  shall  make  such  reports 
to  the  corpfcration  commission,  under  oath,  and  provide 
such  information  concerning  their  acts  and  operations 
as  may  be  required  by  law,  or  by  the  corporation  com- 
mission. 

Commission  to  ascertain  the  fair  value  of  property  of 
public  service  corporations  in  Arizona.  §  14.  The  corpora- 
tion commission  shall,  to  aid  it  in  the  proper  discharge 
of  its  duties,  ascertain  the  fair  value  of  the  property 
within  the  State  of  every  public  service  corporation 
doing  business  therein;  and  every  public  service  cor- 
poration doing  business  within  the  State  shall  furnish 
to  the  commission  all  evidence  in  its  possession,  and 
all  assistance  in  its  power,  requested  by  the  commission 
in  aid  of  the  determination  of  the  value  of  the  property 
within    the    State   of   such    public    service    corporation. 

Existing  corporations  shall  accept  constitution.  §  15.  No 
public  service  corporation  In  existence  at  the  time  of 
the  admission  of  this  State  into  the  Union  shall  have 
the  benefit  of  any  future  legislation  except  on  condition 
of  complete  acceptance  of  all  provisions  of  this  con- 
stitution applicable  to  public  service  corporations. 

Penalty  for  violating  orders  of  commission  $100  to 
$5,000.  §  16.  If  any  public  service  corporation  shall  violate 
any  of  the  rules,  regulations,  orders,  or  decisions  of 
the  corporation  commission,  such  corporation  shall  forfeit 
and  pay  to  the  State  not  less  than  one  hundred  dollars 
nor  more  than  five  thousand  dollars  for  each  such  vio- 
lation, to  be  recovered  before  any  court  of  competent 
jurisdiction. 

Appeal  from  orders  of  commission.  §17.  Nothing  herein 
shall  be  construed  .  as  denying  to  public  service  cor- 
porations the  right  of  appeal  to  the  courts  of  the  State 
from  the  rules,  regulations,  orders  or  decrees  fixed  by 
the  corporation  commission,  but  the  rules,  regulations, 
orders,  or  decrees  so  fixed  shall  remain  in  force  pending 
the  decision  of  the  courts. 

Salary  of  commissioners  $3,000  and  expenses.  §  18.  Until 
otherwise  provided  by  law,  each  commissioner  shall 
receive  a  salary  of  three  thousand  dollars  a  year,  to- 
gether with  his  actual  necessary  expenses  when  away 
from  home  in  the  discharge  of  the  duties  of  his  office. 

Commission  may  impose  fines  not  exceeding  $5,000. 
§  19.  The  corporation  commission  shall  have  the  power  and 
authority  to  enforce  its  rules,  regulations  and  orders  by 
the  imposition  of  such  fines  as  it  may  deem  just,  within 
the  limitations  prescribed  in  §  16  of  this  article. 

STATUTE  LAW. 

[Territorial  Act  of  March  10,  1909.] 

An  Act  providing  for  the  creation  of  the  Arizona  Railway 

Commission. 
Be  it  enacted  by  the  legislative  assembly  of  the  Territory 
of  Arizona: 
Commission  created — Terw  of  office — Salary — Removals 
from  office.  §  1.  A  railway  commission  is  hereby  created, 
to  be  composed  of  three  commissioners.  Immediately 
after   the    passage    of   this    Act    the    governor    shall,    by 


298 


National  Association  of  Railway  Commissionkrs 


m 


and  with  the  advice  and  consent  of  the  council,  appoint 
such  commissioners,  but  no  commissioner  so  appointed 
shall  be  qualified  to  act  until  so  confirmed.  That  no 
two  of  said  commissioners  shall  be  residents  of  nor 
appointed  from  the  same  judicial  district,  and  not  more 
than  two  of  said  commissioners  shall  belong  to  the 
same  political  party.  At  least  one  of  said  commissioners 
shall  have  a  general  Itnowledge  of  law  and  shall  have 
been  a  resident  of  Arizona  for  not  less  than  two  years 
next  preceding  the  date  of  his  appointment,  and  shall 
have  been  engaged  in  the  active  practice  of  the  law  in 
the  courts  of  the  Territory  of  Arizona  for  not  less  than 
two  years.  One  of  said  commissioners  shall  be  a  person 
possessed  of  knowledge  and  skill  in  the  methods  of 
making  tariffs  and  schedule  rates  of  common  carriers, 
both  freight  and  passenger.  The  third  member  of  said 
commission  shall  be  a  person  who  has  resided  in  the 
Territory  of  Arizona  not  less  than  three  years  next 
preceding  the  date  of  his  appointment.  Said  commission 
as  so  constituted  shall  be  known  by  the  name  and  style 
of  the  Arizona  Railway  Commission.  They  shall  hold 
their  offices  each  for  the  term  of  two  years  and  shall 
each  receive  as  compensation  the  sum  of  $2,500  per 
annum  and  actual  expenses  incurred  in  traveling  in  the 
discharge  of  their  duties,  and  shall  devote  their  time 
to  the  duties  devolving  upon  them  by  this*  Act.  Their 
salary  and  expenses  shall  be  paid  monthly. 

The  governor  may  at  any  time  remove  any  commis- 
sioner for  inefficiency,  neglect  of  duty  or  malfeasance  in 
office.  Before  such  removal  he  shall  give  such  com- 
missioner a  copy  of  the  charges  against  him  and  shall 
fix  a  time  when  he  can  be  heard  in  his  own  defense, 
which  shall  be  not  less  than  10  days  thereafter,  and 
said  hearing  shall  be  open  to  the  public  and  be  had 
before  one  of  the  district  judges,  who,  after  a  hearing, 
shall  decide  the  same,  and  there  shall  be  no  appeal 
from  his  decision.  If  the  commissioner  charged  shall 
be  found  guilty,  he  shall  be  removed  by  the  governor, 
who  shall  file  in  the  office  of  the  secretary  of  the 
Territory  a  complete  statement  of  all  charges  made 
against  such  commissioner  and  the  findings  of  the 
court  thereon,  with  the  record  of  the  proceedings. 

Oath  of  offlce — Non-interest  of  commissioners  in  any 
common  carrier.  §  2.  The  commissioners  appointed  shall 
qualify  within  10  days  thereafter,  by  subscribing  under 
oath,  before  any  officer  empowered  to  administer  an 
oath  and  filing  the  same  with  the  secretary  of  the 
Territory,  to  be  by  him  preserved  as  a  record  of  his 
offlce,  that  they  are  not  at  the  time  of  their  appointment 
directly  or  indirectly  interested  in  any  common  carrier 
of  freight  or  passengers,  or  the  stock,  bonds,  mortgages 
or  earnings  of  them  and  that  they  will  support  the 
constitution  of  the  United  States  and  faithfully  discharge 
the   duties  of   their   offlce. 

Commissioners  must  6e  disinterested.  §  3.  The  commis- 
sioners appointed  shall  not  be,  at  the  time  of  their 
appointment,  directly  or  indirectly  interested  in  any 
common  carrier  of  freight  or  passengers,  or  the  stocks, 
bonds,  mortgages  or  earnings  of  them. 

Organization  of  commission.  §  4.  The  commission  shall 
meet  and  organize  within  five  days  after  their  appoint- 
ment and  qualification  by  selecting  from  among  its  mem- 
bers a  chairman  and  a  secretary  who  shall  perform 
such  duties  as  by  this  Act  provided  and  such  others  as 
may  be  required  of  them  by  the  commissioners.  The 
chairman  shall  be  the  presiding  officer.  The  secretary 
shall  be  the  clerk  of  the  commission,  shall  keep  a 
record  of  all  proceedings  and  be  the  custodian  of  all 
records  and  files. 

Office — Records  open  to  public.  §  5.  The  commission 
shall  keep  an  office  at  the  capitol  which  shall  be  open 
all  of  the  time,  legal  holidays  excepted,  during  regular 
business  hours,  and  all  records  and  files  of  the  com- 
mission shall  be  kept  therein  and  shall  be  open  to 
inspection  -by  the  public. 

Seal — General  sessions.  §  6.  The  commission  shall  have 
an  official  seal  which  shall  be  judicially  noticed.  Any 
member  of  the  commission  may  administer  oaths  and 
affirmations.  They  shall  hold  at  least  one  general 
session  every  two  months,  at  their  office  at  the  capitol, 
for  the  purpose  of  hearing  evidence  and  argument  on 
such  matters  as  may  be  brought  before  them.     Such  gen- 


eral session  shall  begin  at  10  o'clock  a.  m.  on  the  third 
Monday  of  each  month;  the  commission  shall  conduct 
its  sessions  as  will  best  conduce  to  the  proper  dispatch 
of  business  and  the   purposes  of  this  Act. 

Special  sessions.  §  7.  Whenever  the  convenience  of  the 
public  or  the  parties  to  the  proceeding  may  be  promoted, 
or  delay  or  expense  prevented  thereby,  the  commission 
may  hold  special  sessions  at  the  capitol  or  at  any  place 
in    the    Territory. 

Rules  of  practice  and  procedure.  §  8.  The  rules  of  prac- 
tice and  procedure  adopted  by  the  Interstate  Commerce 
Commission  for  causes  and  proceedings  under  the  Act 
to  Regulate  Commerce,  Act  of  congress,  approved  Feb- 
ruary 11,  1887,  amended  March  2,  1889,  February  10. 
1891,  February  8,  1895,  and  June  29,  1906,  shall,  in  addi- 
tion to  such  rules  of  practice  and  procedure  as  are 
included  in  this  Act,  be,  in  so  far  as  they  are  applicabhi, 
the  practice  and  procedure  followed  by  the  commission 
in  the  conduct  of  the  matters  brought  before  it. 

Attendance  of  witnesses  may  he  compelled — Immunity 
of  witness.  §  9.  The  commissioners  shall  have  power  to 
compel  the  attendance  of  witnesses  and  to  compel  the 
production  of  books  and  papers  which  relate  to  tha 
matters  being  investigated  before  them,  but  no  persoa 
shall  be  comi)elled  to  give  testimony  or  produce 
dence  which  would  tend  to  incriminate  him. 


1| 


Subpoenas.  §  10.  The  mode  of  securing  and  enforcin? 
the  attendance  of  witness  shall  be  that  now  in  fores 
under  title  24,  chapter  1,  Revised  Statutes  of  Arizona, 
excepting  that  all  subpoenas  issued  shall  be  under  th'> 
seal  of  the   commission  and   be  signed  by  the   secretary. 

Witness  fees.  §  11.  Witnesses  on  attendance  before  th  ; 
commission  shall  be  entitled  to  the  same  fees  as  allowei 
by  statute  to  witnesses  upon  attendance  on  the  Distric 
Court  of  the  Territory  in  civil  actions.  The  tees  o 
witnesses  shall  be  paid  by  the  party  who  caused  then 
to  be  subpoenaed.  The  fees  of  witnesses  subpoenaed  li 
proceedings  instituted  by  the  commission  on  its  owi 
motion  shall   be   paid  by  the  Territory. 

Depositions.  §  12.  Whenever  application  to  take  depo 
sitions  has  been  made  in  any  proceeding  or  Investigatioi 
pending  before  the  commission  any  party  to  the  proceed 
ing  may,  if  they  so  desire,  appear  and  orally  examini 
or  cross-examine,  as  the  case  may  be,  the  witness  O) 
witnesses  whose  deposition  is  to  be  taken,  but  befon 
being  entitled  to  do  so,  the  party  desiring  to  appeal 
to  examine  or  cross-examine  orally,  shall  serve  notici 
in  writing  on  the  opposite  party  or  parties  of  such  in 
tention,  at  least  five  days  prior  to  the  date  set  foi 
taking  the  deposition  of  such  witness  or  witnesses,  i: 
such  deposition  is  to  be  taken  within  the  Territory,  anc 
it  such  deposition  is  to  be  taken  outside  of  the  Territory 
such  notice  shall  be  given  at  least  10  days  prior  to  th( 
date  set  for  taking  the  same.  .  ■ 

Proceedings  how  entitled  and  hoio  docketed.  §  13.  -41  V 
proceeding  commenced  under  this  Act  shall  be  entitlec 
in  the  name  of  the  complainant  against  the  common  car 
rier  or  carriers,  naming  them  and  must  be  filed  witl: 
the  commission  and  shall  be  endorsed  with  the  date  ol 
filing  and  numbered  and  entered  by  both  title 
number  in  a  docket  kept  for  that  purpose. 


shfl     , 


Power  to  investigate.    §  14.    The  said  commission  shd 
have   power,    and   it   is   hereby   made   its   duty  either  or 
its   own   motion  or  on   complaint  of  individuals,    corpora 
tions,    shipping    associations,    municipal    corporations    oi 
commercial  bodies,  to  investigate  the   mode  of  operatloB     , 
of  all  common  carriers  of  freight  and  passengers  dolnf:    i 
business  in  the  Territory   and   all   freight   and   passengei     ! 
tariffs    and    schedules    of    rates    and    charges,    including 
.demurrage,  storage,  switching  and  excess  baggage  tariffs 
collected,   charged   or   demanded   by   common   carriers 
traffic   originating   and   terminating  in   the   Territory. 

It  shall  have  power  and  it  is  made  its  duty  eithe 
of  its  own  motion  or  on  complaint  of  individuals,  cor- 
porations, shipping  associations,  municipal  corporations 
or  commercial  bodies,  to  investigate  the  mode  of  opera 
tion  of  common  carriers  operating  in,  into  or  through 
the  Territory,  engaged  in  interstate  traffic  and  all  freight 
and  passenger  traffics  and  schedules  of  rates  and  charges. 
Including     demurrage,     storage,     switching     and     excess 


itfs     . 

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I'uBUc  Service  Laws 


399 


baggage  tariffs,  charged,  collected  or  demanded  on  Inter- 
state traffic,  by  common  carriers  operating  in,  into  or 
through  the  Territory. 

Carriers  to  file  schedules  of  rates — Also  copies  of  all 
reports  to  Interstate  Commerce  Commission.  §  15.  That 
every  common  carrier  subject  to  provisions  of  this  Acl 
shall  file  with  the  commission  within  30  days  from  its 
passage,  and  thereafter  30  davs  before  tariffs,  rates  and 
charges  are  made  effective  kchedules  showing  all  the 
tariffs,  rates  and  charges  for  transportation  of  passengers 
and  property  between  different  points  on  its  own  route 
and  points  on  the  route  of  any  other  carrier,  whenever 
a  through  route  and  joint  rate  have  been  established. 
If  no  joint  rate  over  the  through  route  has  been  estab 
lished,  the  several  carriers  in  such  through  route  shall 
file  as  aforesaid,  the  separately  established  rates,  fares 
and  charges  applied  to  the  through  transportation. 

Every  common  carrier  operating  in,  into  or  through 
the  Territory  shall  file  with  the  Commission  copies  of  all 
reports  required  to  be  filed  by  it  with  the  Interstate 
Commerce  Commission  as  provided  for  in  §  20,  Act  to 
Regulate    Commerce   as   amended   June   29,   1906. 

Complaint  hy  carrier  against  commission.  §  16.  When- 
ever any  common  carrier  or  carriers  operating  in,  into 
or  through  this  Territory  shall  feel  aggrieved  in  that 
the  rates  and  charges  collected,  charged  or  demanded 
by  it  or  them  on  intra-Territorial  or  interstate  traffic 
are  unreasonably  low  or  that  the  mode  of  operation 
under  which  it  or  they  are  then  operating  is  working 
a  hardship  on  it  or  them,  it  or  they  may  file  with  the 
commission  proper  complaint,  in  the  name  of  the  com- 
plainant and  agajnst  the  commission  as  defendant,  asking 
that  the  same  be  investigated,  and  for  a  finding  or 
opinion  of  the  commission,  whenever  such  complaint  is 
filed;  the  commission  shall  file,  or  cause  to  be  filed 
answer  controverting  the  same,  and  the  attorney  for  the 
commission   shall  appear  and  defend. 

Whenever  the  commission  after  Investigation  find 
or  are  of  the  opinion  that  the  rates  and  charges,  col- 
lected, charged  or  demanded  by  a  common  carrier  or 
carriers,  are  unreasonably  low,  or  that  the  mode  of 
operation  under  which  they  are  operating  is  working 
a  hardship  on  it  or  them,  the  commission  shall  notify 
the  Interstate  Commerce  Commission  of  such  finding  or 
opinion  and  request  the  Interstate  Commerce  Commis- 
sion to  make  an  order  in  conformity  with  the  opinion 
or  finding,  permitting  the  common  carrier  to  make 
such   change  or  correction  as   is   necessary. 

The  commission  shall,  at  the  time  of  making  the 
request  certify  to  the  Interstate  Commerce  Commission, 
copies  of  all  records  of  the  proceedings,  together  with 
the  evidence  and  finding  or  opinion  of  the  commission. 

Nothing  contained  in  this  section  shall  be  construed 
as  an  attempt  to  prohibit  the  common  carrier  from  in- 
stituting the  investigation  contemplated  by  this  section 
at.  an  original  action  before  the  Interstate  Commerce 
Commission. 

Finding  favorable  to  carrier.  §  17.  Whenever,  after 
Investigation  the  commission  shall  find  or  are  of  the 
opinion  that  the  mode  of  operation  of  the  common 
carrier  or  carriers  are  discriminatory  or  in  violation 
of  the  Act  to  Regulate  Commerce,  Act  of  congress, 
approved  February  11,  1887,  amended  March  2,  1889, 
February  10,  1891,  February  8,  1895  and  June  29,  1906, 
or  the  rules,  regulations  and  decisions  of  the  Inter- 
state Commerce  Commission,  it  shall  notify  the  common 
carrier  or  carriers  through  Its  proper  officers  or  agents, 
in  writing,  by  registered  mail,  of  the  finding  or  opinion 
of  the  commission  and  request  the  common  carrier  to 
make  such  changes  or  corrections  as  are  necessary  to 
conform  to  the  finding  or  opinion  of  the  commission. 

Finding  against  carrier.  §  18.  Whenever,  after  investi- 
gation, the  commission  shall  find  or  are  of  the  opinion, 
that  the  freight  and  passenger  rates  tariff  and  schedules 
of  rates  and  charges,  collected,  charged  or  demanded 
by  common  carrier  or  carriers  are  excessive,  unreason- 
able or  discriminatory,  or  in  violation  of  the  Acts  to 
Regulate  Commerce,  Act  of  congress,  approved  February 
11,  1887,  amended  March  2,  1889,  February  10,  1891, 
February  8,  1895,  and  June  29,  1906,  or  in  violation  of 
the    rules,    regulations    or    decisions    of    the    Interstate 


Commerce  Commission,  it  shall  notify  the  common  car- 
rier or  carriers,  through  its  proper  officer  or  agents,  In 
writing,  by  registered  mail,  of  the  finding  or  opinion  of 
the  commission  and  request  the  common  carrier  or 
carriers  to  make  such-  changes  or  corrections  as  are 
necessary  to  conform  to  the  finding  or  opinion  of  the 
commission. 

Territorial  commissioner  may  proceed  against  carrier 
before  Interstate  Commerce  Commission.  §  19.  Should 
the  common  carrier  or  carriers  fail  or  refuse  to  make 
the  changes  or  corrections  requested  within  30  days, 
after  having  received  notice  of  the  request  of  the  com- 
mission, it  shall  be  the  duty  of  the  commission  to  file 
or  cause  to  be  prepared  and  filed  before  the  Interstate 
Commerce  Commission  complaint  in  the  name  of  the 
Arizona  Railway  Commission  as  complainant,  against  the 
(common  carrier  or  carriers  on  account  of  the  excessive- 
ness  or  unreasonableness  of  the  tariff  and  schedules  of 
rates  and  charges,  charged  or  demanded,  or  the  dis- 
crimination alleged  or  violation  on  the  part  of  the 
common  carrier  or  carriers  of  the  Act  to  Regulate  Com- 
merce, in  accordance  with  the  rules  of  practice  and 
procedure  of  the  Interstate  Commerce  Commission,  ask- 
ing for  the  relief  to  which  entitled,  and  shall  prosecute 
or  cause  the  same  to  be  prosecuted  diligently  to  a 
final   hearing. 

Carrier  must  accede  in  writing.  §  20.  Common  carriers 
acceding  to  a  request  of  the  commission  must  do  so 
in    writing,   filed   with   the   commission. 

Term  common  carrier  defined.  §  21.  The  term  "common 
carrier"  as  used  in  this  Act  shall  Include  railways, 
whether  operated  by  steam,  gasoline,  electricity  or  other 
motive  power,  express  companies,  sleeping  car  com- 
panies and  boat  lines,  engaged  in  the  business  of  trans- 
portation of  freight  or  passengers  or  both.  The  com- 
mission shall  keep  a  record  of  all  common  carriers 
operating  in,  into  or  through  the  Territory,  together 
with   a   list  of  its   officers. 

Stenographer  and  clerk.  §  22.  The  commission  shall 
employ  a  stenographer  who  shall  also  act  as  clerk,  at 
a  salary  of  not  more  than  $100  per  month,  and  may, 
whenever  necessary,  employ  persons  skilled  in  the 
mode  of  making  tariffs  and  schedules  of  rates  and 
charges  of  common  carriers. 

Complainants  may  employ  counsel.  §  23.  Complainants 
or  other  parties  having  an  interest  in  the  matters  being 
investigated  before  the  commission,  may,  free  of  ex- 
pense to  the  Territory,  whenever  they  so  desire,  em- 
ploy an  attorney  to  assist  the  attorney  for  the  com- 
mission, and  such  attorney  shall  be  extended  the 
usual  privileges  and  courtesies  accorded  attorneys 
engaged  to  assist  district  attorneys  in  criminal  prose- 
cutions under  the   statutes  of  the   Territory. 

Quorum — Annual  reports — Recommendation  of  new  leg- 
islation. §  24.  A  majority  of  said  commission  shall  con- 
stitute a  quorom  and  the  concurrence  of  the  majority 
shall  be  necessary  to  decide  any  question.  The  com- 
mission shall  make  annual  reports  to  the  governor  on 
ihe  first  day  of  .lanuary  of  each  year  of  its  proceedings 
r.nd  all  business  transacted  by  it  under  this  Act,  and  it 
shall  recommend  from  time  to  time  such  new  or  addi- 
tional legislation  in  reference  to  its  powers  or  duties,  as 
it  may  deem  wise  or  expedient. 

Monthly  reports  to  auditor.  $  25.  The  commission  shall 
make  monthly  reports  to  the  Territorial  auditor  and 
itemized  under  oath  of  its  chairman  of  the  expenses 
incurred  by  the  commission  and  by  whom  made. 

Appropriation.  §  26.  The  sum  of  $15,000  annually  :o 
defray  the  salaries  and  expenses  of  the  commission 
created  under  this  Act  is  hereby  appropriated  out  of 
the  general  fund  or  other  unappropriated  funds  In  the 
hands  of  the  territorial  treasurer. 

Repeal.  §  27.  All  laws  In  conflict  with  this  Act  are 
hereby  repealed. 

When  in  effect.    §  28.    This  Act  shall  take  effect  and  be 
In  force  from  and  after  its  passage  and  approval. 
Approved  March  10,  1909. 


300 


XaTIOXAL  ASSOCIATIOX   OF   RAILWAY  COMMISSIONERS 


PUBLIC  SERVICE  LAWS  OF  ARKANSAS 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  XVII. 

BAILROADS,    CANALS   AND   TURNPIKES. 

Railroads,  etc.,  public  highways — Transportation  compa- 
nies common  carriers.  §  1.  All  railroads,  canals  and  turn- 
pikes shall  be  public  highways,  and  all  railroads  and  canal 
companies  shall  be  common  carriers.  Any  association  or 
corporation  organized  for  the  purpose  shall  have  the  right 
to  construct  and  operate  a  railroad  between  any  points 
within  this  State,  and  to  connect  at  the  State  line  with 
railroads  of  other  States.  Every  railroad  company  shall 
have  the  right  with  its  road  to  intersect,  connect  with 
or  cross  any  other  road,  and  shall  receive  and  transport 
each  the  other's  passengers,  tonnage  and  cars,  loaded  or 
empty,  without  delay  or  discrimination. 

Transportation  companies  to  maintain  office  in  State — 
Transfers  of  stocks — Books.  §  2.  Every  railroad,  canal  or 
turnpike  corporation  operated  or  partly  operated  in  this 
State  shall  maintain  one  office  therein,  where  transfers  of 
its  stock  shall  be  made  and  where  its  books  shall  be  kept 
for  inspection  by  any  stockholder  or  creditor  of  such  cor- 
poration, in  which  shall  be  recorded  the  amount  of  capital 
stock  subscribed  or  paid  in,  and  the  amounts  owned  by 
them  respectively,  the  transfers  of  said  stock  and  the 
names  and  places  of  residence  of  the  officers. 

Equal  right  to  transportation — Long  and  short  haul. 
1 3.  All  individuals,  associations  and  corporations  shall 
have  equal  rights  to  have  persons  and  property  trans- 
ported over  railroads,  canals  and  turnpikes,  and  no  undue 
or  unreasonable  discrimination  shall  be  made  in  charges 
for,  or  in  facilities  for  transportation  of  freight  or  pas- 
sengers, within  the  State,  or  coming  from  or  going  to  any 
other  State.  Persons  and  property  transported  over  any 
railroad  shall  be  delivered  at  any  station  at  charges 
not  exceeding  the  charges  for  transportation  of  persons 
and  property  of  the  same  class  in  the  same  direction  to 
any  more  distant  station;  but  excursion  and  commutation 
tickets  may  be  issued  at  special  rates. 

Parallel  or  competing  lines  of  transportation  not  to  be 
consolidated.  §  4.  No  railroad,  canal  or  other  corporation 
or  the  lessees,  purchasers  or  managers  of  any  railroad, 
canal  or  corporation,  shall  consolidate  the  stock,  property 
or  franchise  of  such  corporation  with  or  lease  or  purchase 
the  works  or  franchises  of,  or  in  any  way  control,  any 
other  railroad  or  canal  corporation  owning  or  having 
under  its  control  a  parallel  or  competing  line,  nor  shall 
any  officer  of  such  railroad  or  canal  corporation  owning 
or  having,  control  of  a  parallel  or  competing  line;  and 
the  question  whether  railroads  or  canals  are  parallel  or 
competing  lines  shall,  when  demanded  by  the  party 
complainant,  be  decided  by  a  jury  as  in  other  civil  issues. 

Officers  of  carriers  to  be  disinterested,  etc.  §  5.  No 
president,  director,  officer,  agent  or  employe  of  any  rail- 
road or  canal  company  shall  be  Interested,  directly  or  in- 
directly, in  the  furnishing  of  materials  or  supplies  to  such 
company  or  in  the  business  of  transportation  as  a  common 
carrier  of  freight  or  passengers  over  the  works  owned, 
leased,  controlled  or  worked  by  such  company;  nor  in 
any  arrangement  which  shall  afford  more  advantageous 
terms  or  greater  facilities  than  are  offered  or  accorded 
to  the  public.  And  all  contracts  and  arrangements  in  vio- 
lation of  this  section  shall  be  void. 

Discrimination  and  preferences  forbidden.  §  6.  No  dis- 
crimination in  charges  or  facilities  for  transportation  shall 
be  made  between  transportation  companies  and  individuals 
or  In  favor  of  either  by  abatement,  drawback  or  other- 
wise, and  no  railroad  or  canal  company  or  any  lessee, 
manager  or  employe  thereof  shall  make  any  preferences  in 
furnishing  cars  or  motive  power. 

Free  transportation  forbidden.  §  7.  The  general  assem- 
bly shall  prevent  by  law  the  granting  of  free  passes  by 
any  railroad  or  transportation  company  to  any  officer  of 
this  State,  legislative,  executive  or  judicial. 

Special  charters  extended  on  condition.  §  8.  The  gen- 
eral assembly  shall  not  remit  the  forfeiture  "of  the  charter 
of  any  corporation  now  existing,  or  alter  or  amend  the 
same  or  pass  any  general  or  special  law  for  the  benefit  of 


1 


such  corporation,  except  on  condition  that  such  corpora- 
tion shall  thereafter  hold  its  charter  subject  to  the  pro- 
visions of  this  constitution. 

Eminent  domain.  §  9.  The  exercise  of  the  right  of  emi- 
nent domain  shall  never  be  abridged  or  so  construed  as 
to  prevent  the  general  assembly  from  taking  the  property 
and  franchises  of  incorporated  companies  and  subjecting 
them  to  public  use  the  same  as  the  property  of  individuals. 

Legislature  to  prevent  abuses  and  create  railroad  com- 
mission. §10  (amendment  No.  4).  The  general  assembly 
shall  pass  laws  to  correct  abuses  and  prevent  unjust 
discrimination  and  excessive  charges  by  railroads,  canals 
and  turnpike  companies  for  transporting  freight  and  pas- 
sengers, and  shall  provide  for  enforcing  such  laws  by 
adequate  penalties  and  forfeitures,  and  shall  provide  for 
the  creation  of  such  offices  and  commissions  and  vest  in 
them  such  authority  as  shall  be  necessary  to  carry  into 
effect  the  powers  hereby  conferred. 

Movable  property  of  corporations  personal  property  aid 
subject  to  taxation.  §  11.  The  rolling  stock  and  all  other 
movable  property  belonging  to  any  railroad  company  jr 
corporation  in  this  State  shall  be  considered  personal 
property,  and  shall  be  liable  to  execution  and  sale  in  tlie 
same  manner  as  the  personal  property  of  individuals,  and 
the  general  assembly  shall  pass  no  law  exempting  any 
such  property  from  execution  and  sale. 

Railroad  liability  for  damages.  §  12.  All  rallroa  Is 
which  shall  now  or  may  be  hereafter  built  and  operated, 
either  in  whole  or  in  part,  in  this  State  shall  be  responsible 
for  all  damages  to  persons  and  property,  under  sui  h 
regulations  as  may  be  prescribed  by  the  general  assembly. 

Railroads  to  report  annually.  §  13.  The  directors  )f 
every  railroad  corporation  shall  annually  make  a  repon 
under  oath  to  the  auditor  of  public  accounts  of  all  their 
acts  and  doings,  which  report  shall  include  such  matte  s 
relating  to  railroads  as  may  be  prescribed  by  law,  and  tl  e 
general  assembly  shall  pass  laws  enforcing  by  suitab  e 
penalties  the  provisions  of  this  section. 


STATUTE  LAWS. 


in 


'/ 


ACTS   OF  MABCH    11  AND  APRIL   15,   1899,  PROVIDING  FOB  A  BAl  L- 
ROAD  COMMISSION  FOR  THE  STATE  OF  ARKANSAS. 

Be-  it  Enacted  by  the  General  Assembly  of  the  State 
Arkansas  : 

Commissioners — How  chosen — Term — Salary.  §  1.  Th  it 
a  railroad  commission  is  hereby  created,  to  be  composi  d 
Of  three  persons  to  be  appointed  by  the  governor,  by  ai  d 
with  the  advice  and  consent  of  the  general  assembly  n 
joint  session,  one  to  be  chosen  from  the  first  and  sixt  i, 
one  from  the  second  and  third,  and  one  from  the  four  h 
and  fifth  congressional  districts,  to  carry  out  the  provis- 
ions of  this  Act,  who  shall  hold  their  offices  until  tl  e 
meeting  of  the  next  general  assembly  of  the  State  ai  d 
until  their  successors  are  qualified.  That  at  each  gener  il 
election  hereafter,  to  be  held  in  this  State,  there  shall  lie 
three  commissioners  elected  from  the  congressional  dis- 
tricts as  hereinbefore  provided,  who  shall  hold  their 
offices  for  the  term  of  two  years  and  until  their  successo  's 
are  elected  and  qualified.  The  salary  of  each  commis- 
sioner shall  be  $2,500  per  annum,  to  be  paid  from  tlie 
State  treasury,  in  the  same  manner  that  salaries 
other  State  officers  are  paid.  Act  March  11,  1899, 
amended  by  Act  April  15,  1899,  §  1. 

Qualifications.  §  2.  The  commissioners  herein  provld  >d 
shall  be  appointed  or  elected  as  aforesaid,  and  shall  ))e 
resident  citizens  of  this  State,  and  qualified  voters  und?r 
the  constitution,  and  not  less  than  twenty-five  years  of 
age.  No  one  shall  be  appointed  or  elected  as  such  com- 
missioner who  is  directly  or  indirectly  interested  in  any 
railroad  in  this  State  or  out  of  it,  or  in  any  stocks, 
bonds,  mortgages,  security,  or  the  earnings  of  any  rail- 
road; and  if  such  commissioner  shall  become  so  interested 
he  shall  within  a  reasonable  time  divest  himself  of  such 
interest;  failing  to  do  this,  his  office  shall  be  declared 
by  the  governor  to  be  vacant.  And  in  case  any  commis- 
sioner becomes  disqualified  from  any  cause  or  in  any  way. 
he  shall  at  once  remove  the  disqualification  or  resign,  and 


me 

'4 


Public  Service  Laws 


301 


on  failure  to  do  so,  he  must  be  suspended  by  the  governor. 
Act  March  11,  1899. 

Commissioner  hold  no  other  office.  §  3.  No  commis- 
sioner hereinunder  shall  hold  any  other  office  under  the 
government  of  the  United  States  or  of  this  State  or  of 
any  other  State  government;  and  shall  not  while  such 
commissioner  engage  in  any  occupation  or  business  in- 
consistent with  his  duties  as  such  commissioner.     Ibid. 

Vacancies.  §  4.  The  governor  shall  fill  all  vacancies 
in  the  office  of  commissioner  by  appointment,  and  the  per- 
son so  appointed  shall  fill  out  the  unexpired  term  of  his 
predecessor.    Ibid. 

Oath  of  office.  §  5.  Before  entering  upon  the  duties  of 
his  office,  each  of  said  commissioners  shall  take  and  sub- 
scribe to  the  oath  of  office  prescribed  in  the  constitution 
and  shall,  in  addition  thereto,  swear  that  he  is  not  directly 
or  indirectly  interested  in  any  railroad,  nor  In  any  bonds, 
stocks,  mortgages,  securities,  contracts  or  earnings  of  any 
railroad,  and  that  he  will  to  the  best  of  his  ability  faith- 
fully and  justly  execute  and  enforce  the  provisions  of  this 
Act,  and  all  laws  of  the  State  concerning  railroads,  which 
oath  shall  be  filed  with  the  secretary  of  State.     Ibid. 

Organization — Office — Salaries,  $1,500;  secretary,  $1,000. 
$  6.  The  commissioners  appointed  shall  meet  at  Little 
Rick  and  organize  and  elect  one  of  their  members  chair- 
man of  said  commission.  A  majority  of  said  commis- 
sioners shall  constitute  a  quorum  to  transact  business. 
Said  commission  may  appoint  a  secretary  at  a  salary  not 
to  exceed  $1,500  per  annum,  and  one  stenographer  at  a 
salary  not  to  exceed  $1,000  per  annum.  The  secretary 
shall  keep  full  and  correct  minutes  of  all  transactions  and 
proceedings  of  said  commission,  and  perform  such  other 
duties  as  may  be  required  by  the  commission.  The  com- 
missioners may  have  power  to  make  all  needful  rules  for 
their  government.  They  shall  be  known  collectively  as 
the  "Railroad  Commission  of  Arkansas,"  and  shall  have 
a  seal,  the  coat  of  arms  of  Arkansas  with  the  words 
"Railroad  Commission  of  Arkansas,"  engraved  thereon. 
They  shall  be  furnished  with  offices  in  the  city  of  Little 
Rock  with  necessary  furniture,  stationery,  supplies  and  all 
necessary  expenses  thereof  not  to  exceed  for  the  first  year 
the  sum  of  $1,000,  and  not  to  exceed  $500  for  subsequent 
years  thereafter,  to  be  paid  for  on  order  of  the  governor. 
Act  March  11,  1899,  §  6,  amended  by  Act  April  15,  1899, 
§  6. 

Expenses — Transportation.  §  7.  The  commissioners,  sec- 
retary and  stenographer  shall  be  entitled  to  receive  from 
the  State  their  actual  necessary  traveling  expenses,  which 
shall  include  the  cost  of  transportation  while  traveling  on 
the  business  of  the  commission,  to  be  paid  out  on  the  order 
of  the  governor  upon  an  itemized  statement  thereof,  sworn 
to  by  the  party  who  incurred  the  expense  and  approved 
by  the  commission;  provided,  said  commission  shall  make 
requisition,  in  the  name  of  the  State,  upon  any  railroad 
in  the  State,  for  the  transportation  of  themselves  and  em- 
ployes when  engaged  in  the  duties  of  said  commission,  and 
for  no  other  purpose,  and  it  shall  be  lawful  for  any  road 
to  furnish  the  same  without  charge.  Act  March  11,  1899, 
§  7,  as  amended  by  Act  April  15,  1899,  §  3. 

Hessians.  §  8.  Said  commission  may  hold  sessions  at 
any  place  in  the  State  when  deemed  necessary,  to  facili- 
tate the  discharge  of  their  duties,  or  for  the  convenience 
of  the  parties  litigant.    Act  March  11,  1899. 

Carriers  to  furnish  rate  sheets — Commission  to  fix  rates 
after  hearing,  etc. — Alterations  in  rates.  §  9.  That  every 
person  or  corporation  operating  any  railroad  or  express 
business  in  this  State,  is  hereby  required  to  furnish  said 
commission,  within  fifteen  days  after  notice  to  do  so,  with 
the  rate  sheet  and  tariff  charges  for  transportation  of  every 
kind  over  such  railroad;  it  shall  be  the  duty  of  said  com- 
mission to  examine  and  revise  said  rate  sheet  and  tariff 
charges  for  freight  or  express  matter  for  each  railroad  in 
this  State,  and  determine  whether  or  not  and  in  what  man- 
ner, if  any,  such  charges  and  rates  are  more  than  just 
and  reasonable  compensation  for  the  services  rendered, 
and  whether  or  not  and  in  what  manner,  if  any,  said 
charges  and  rates  are  in  violation  of  any,  of  the  provisions 
_of  this  Act;  and  said  commission  will  make  reasonable 
'and  just  rates  of  freight,  express  and  passenger  tariffs 
to  be  observed  by  all  persons  and  corporations  operating 
any  railroad  or  engaged  in  transporting  persons  or  prop- 
erty as  express  or  freight  in  this  State;  shall  make  rules 


and  regulations  as  to  charges  at  any  and  all  points  tor  the 
necessary  hauling  and  delivering  of  express  and  freight; 
regulate  rates  and  charges  for  such  service  on  all  rail- 
roads as,  in  their  judgment,  justice  to  the  public  and  said 
jierson  or  corporation  may  require;  and  so  make  the  same 
conform  to  the  requirements  of  this  Act.  And  said  com- 
mission, in  making  such  rules  and  regulations,  shall  first 
give  the  person  or  corporation  to  be  affected  thereby  notice 
to  appear  and  show  cause,  it  any  it  can,  why  no  change 
should  be  made  in  the  rates  then  in  force,  and  shall  take 
into  consideration  the  character  and  nature  of  the  service 
to  be  performed,  the  entire  earnings  of  any  railroad  or 
express  company,  the  expense  of  operating  the  same,  the 
income  and  value  thereof.  And  when  any  tariff  of  charges 
is  corrected  and  approved,  said  commission  shall  append  a 
certificate  of  its  approval  to  said  tariff  of  charges  and 
give  notice  thereof  to  any  officer  or  agent  of  the  railroad 
or  express  company  to  be  affected  thereby,  and  said  tariff 
and  charges  be  kept  posted  up  for  at  least  five  days  before 
the  same  shall  go  into  effect.  And  said  commission  shall 
accordingly  fix  rates  and  tariffs  of  charges  for  those  ex- 
press companies  and  railroads,  the  officers  of  which  fail  to 
furnish  rate  sheets  or  tariffs  of  charges  as  above  re- 
quired. Said  commission  shall  not  alter  or  change  any 
tariff  of  charges  so  approved  by  it  except  upon  ten  days' 
notice  in  writing  to  the  person  or  corporation  operating 
the  express  company  or  railroad  to  be  affected  by  such 
change,  giving  the  same  an  opportunity  to  be  heard;  such 
notice  to  be  by  delivering  a  copy  thereof  to  any  officer  or 
agent  of  such  person  or  corporation.     Ibid. 

Posting  schedule  rates.  §  10.  That  all  persons  or  cor- 
porations engaged  in  the  transportation  of  passengers 
or  property  shall  and  are  hereby  required  to  keep  posted 
up  at  every  depot  under  the  control  of  or  in  use  by  such 
person  or  corporation,  in  a  conspicuous  place  therein,  plain- 
ly and  legibly  printed  schedules,  which  shall  state:  First, 
the  different  kinds  and  classes  of  property  to  be  carried; 
second,  the  different  places  between  which  property  shall 
be  carried;  third,  the  rate  of  freight  or  express  charges 
for  carriage  between  such  places,  and  for  all  services  con- 
nected with  the  transportation  of  such  property,  from  its 
receipt  until  it  is  delivered  or  forwarded.  Such  schedules 
shall  be  posted  for  at  least  five  days  before  the  same  shall 
go  into  effect,  and  the  same  shall  remain  in  force  until 
another  schedule  shall,  as  aforesaid,  be  posted;  and  every 
person  or  corporation  engaged,  as  aforesaid,  shall  receive, 
load,  unload,  transport,  store  and  deliver  to  the  consignee 
thereof,  any  and  all  property  offered  for  shipment,  whether 
as  freight  or  express  matters,  at  and  for  charges  not 
greater  than  those  specified  in  such  schedule,  as  may  at 
that  time  be  in  force,  and  shall,  on  demand,  issue  to  ship- 
pers, duplicate  freight  or  express  receipts,  which  shall 
state  the  class  of  freight  shipped,  the  weight  and  charges. 
And  all  the  provisions  of  this  Act  shall  apply  to  all  prop- 
erty, and  all  the  services  in  and  about  the  transportation 
thereof,  on  one  actually  or  substantially  continuous  car- 
riage, or  a  part  thereof,  and  to  the  compensation  therefor, 
whether  the  same  is  carried  wholly  on  one  railroad  or 
partly  on  several  railroads,  and  whether  the  services  are 
performed  or  compensation  paid  or  received  by  or  to  one 
person  or  corporation  alone  or  in  connection  with  another, 
or  other  persons  or  corporations,  provided,  that  at  such 
points  where  freight  or  express  are  subject  to  competition 
by  water  routes  not  controlled  by  this  act  nor  complying 
with  its  provisions,  the  schedule  herein  provided  for  may 
be  posted  and  go  into  immediate  effect.     Ibid. 

Rebates  drawbacks.  §  11.  That  it  shall  be  unlawful  for 
any  person  or  corporation  engaged  alone  or  associated  with 
others  in  the  transportation  of  passengers  or  property,  by 
railroad  in  this  State,  as  freight  or  express,  directly  or 
indirectly,  to  demand  or  receive  from  any  person,  firm, 
company  or  corporation,  any  greater  or  less  rate  or  amount 
of  compensation  than  is  demanded  or  received  from  any 
other  person,  firm,  company  or  corporation  for  substan- 
tially similar  and  contemporaneous  services,  or  to  allow 
any  person,  firm,  company  or  corporation,  directly  or  In- 
directly, any  rebate,  drawback  or  other  advantage  in  any 
form,  or  to  make  any  preference  in  furnishing  cars  or 
motive  power.  And  all  persons  or  corporations  engaged  as 
aforesaid,  shall  furnish,  without  discrimination  or  de- 
lay, equal  and  sufficient  facilities  for  the  transportation  of 
passengers,  the  receiving,  loading  and  unloading,  storing, 
carriage  and  delivery  of  all  property,  of  a  like  character 
carried  by  him,  them,  or  it;  and  shall  perform,  with  equal 


302 


Xationai.  Association  of  Railway  Commissioners 


t 


expedition,  and  at  uniform  rates,  the  same  kind  of  serv- 
ices connected  with  the  contemporaneous  transportation 
thereof  as  aforesaid.  And  it  shall  be  unlawful  for  any 
person  or  corporation  engaged  as  aforesaid  to  enter  into 
any  contract  or  agreement,  hy  changes  of'  schedule,  use  of 
different  cars,  or  any  other  means  or  device,  with  intent  to 
delay  or  prevent  the  shipment  of  such  property  from  be- 
ing continuous  from  the  place  of  shipment  to  the  place  of 
designation,  whether  carried  on  one  or  more  railroads. 
Ibid. 

Pooling  or  dividing  prohiHted  —  Reduced  rates.  §12. 
That  it  shall  be  unlawful  for  any  person  or  corporation 
engaged  in  the  transportation  of  passengers  or  property, 
as  mentioned  in  the  preceding  section  of  this  Act,  to  make 
or  enter  into  any  contract,  agreement  or  combination,  di- 
rectly or  indirectly,  for  the  pooling  of  freight,  or  to 
pool  the  freight  of  the  different  railroads  or  lines,  by  di- 
viding between  them  the  gross  or  net  earnings  of  such  rail- 
roads, or  any  part  thereof,  or  by  equalizing,  evening  up  or 
dividing  the  property  or  passengers  carried  by  such  rail- 
roads. But  nothing  In  this  Act  shall  be  so  construed  as  to 
prevent  any  person  or  corporation  operating  a  railroad  In 
this  State  from  Issuing  or  selling  at  reduced  rates,  emi- 
grant, excursion  or  commutation  tickets,  or  from  carry- 
ing free  or  at  reduced  rates  any  property  for  schools, 
or  for  the  State  or  the  United  States,  or  any  of  the  United 
States.  Nothing  in  the  law  shall  prevent  the  carriage, 
storage  or  hauling  free  or  at  reduced  rates  for  any  city, 
county  or  town  government;  or  the  free  carriage  of  desti- 
tute or  indigent  persons  or  ministers  of  the  gospel;  nor  to 
prevent  the  railroads  from  giving  free  transportation  or 
transportaton  at  reduced  rates  to  the  inmates  of  hospitals, 
eleemosynary  and  charitable  Institutions,  and  nothing 
therein  shall  be  construed  to  prevent  railroads  from  giving 
free  transportation  to  any  railroad  officer,  agent  or  em- 
ployee, attorney,  stockholder  or  director  of  the  railroad 
company.  Act  March  11,  1899,  §  12,  as  amended  by  Act 
April  15,  1899,  §  8. 

Short  and  long  haul.  §  13.  That  it  shall  be  unlawful 
for  any  person  or  corporation  engaged  as  aforesaid  to  de- 
mand or  receive  any  greater  amount  of  compensation  for 
a  similar  amount  and  kind  of  property  for  receiving,  stor- 
ing, loading,  unloading,  carrying  or  delivering  the  same 
under  similar  circumstances  and  conditions  for  a  shorter 
than  for  a  longer  distance,  which  includes  the  shorter 
distance;  and  the  road  of  any  person  or  corporation  shall 
include  all  the  railroads  in  use  by  it,  whether  owned  or 
operated  by  it  under  a  contract,  agreement  or  lease  by 
such  corporation  or  with  which  It  has  a  traffic  contract. 
Act  March  11,  1899. 

Double  damages — Limitation  one  year.  §  14.  That  each 
and  every  act,  matter  or  thing  in  this  Act  declared  to 
be  unlawful  is  hereby  prohibited;  and  in  case  any  person 
or  corporation,  as  defined  in  this  Act,  engaged  as  aforesaid, 
shall  do.  Or  permit  to  be  done,  any  act,  matter  or  thing 
in  this  Act  required  to  be  done,  or  shall  be  guilty  of  any 
of  the  violations  of  the  provisions  of  this  Act,  such  person 
or  corporation  shall  be  held  to  pay  to  the  person,  firm  or 
corporation  Injured  thereby,  double  the  amount  of  dam- 
ages so  sustained,  and  all  costs,  to  be  recovered  by  the 
person,  firm  or  corporation  so  damaged,  in  any  court 
having  jurisdiction  of  the  amount,  where  the  person  or 
corporation  causing  the  damage  can  be  found,  or  has  an 
agent  or  place  of  business.  No  action  aforesaid  shall 
be  sustained  unless  brought  within  one  year  after  the 
cause  of  action,  or  within  one  year  after  the  party  com- 
plaining shall  have  come  to  the  knowledge  of  his  or  her 
right  of  action.  And  as  many  causes  of  action  as  may  have 
occurred  within  the  year  to  any  one  person,  firm,  or  com- 
pany, may  be  joined  in  the  same  suit  or  complaint.     Ibid. 

Commission  to  investigate  complaints — Power  to  change 
rates.  §  15.  It  shall  be  the  duty  of  the  railroad  commis- 
sion to  hear  all  complaints  made  by  any  person,  firm  or 
corporation  against  any  such  tariff  of  charges  so  approved ; 
to  hear  the  parties  to  the  controversy  in  person  or  by 
attorney,  or  both,  and  may  take  testimony  orally  or  in 
writing,  and  regulate  argument  thereon,  and  to  conduct 
the  investigation  of  such  complaints  in  such  manner  as 
to  the  commission  may  seem  best  adapted  to  arrive  at  the 
truth,  and  when  any  changes  are  made  In  any  tariff  of 
charges,  notice  thereof  shall  be  given  to  the  person  or 
corporation  to  be  effected  thereby,  provided.  In  no  In- 
stance shall  any  person  or  corporation  operating  a  railroad 


or  express  company,  the  schedule  of  charges  which  have 
been  submitted  to,  revised  and  approved  by  the  commis- 
sion, be  civilly  or  criminally  liable  for  the  making  of  any 
charge  which  has  been  authorized  by  the  tariff  of  charges 
so  approved,  or  the  rules  and  regulations  prescribed  by 
the  commission.     Ibid. 

Carriers  to  furnish  copies  of  agreements,  etc..  with  other 
lines.  §  16.  That  every  person  or  corporation  operating 
a  railroad  or  express  company  having  an  agent  or  office 
in  the  State  shall,  upon  notice  to  do  so,  furnish  said  com- 
mission with  all  the  information  required  to  enable  said 
commission  to  perform  its  duties  relative  to  the  manage- 
ment of  their  respective  lines,  and  connecting  lines,  and 
particularly  with  copies  of  all  leases,  contracts  and  agree- 
ments with  other  lines,  express  companies  or  sleeping 
car  companies,  and  shall  furnish  all  such  information  an 
to  the  number  of  persons  employed  in  the  different  depart- 
ments of  their  service  and  the  wages  paid  the  same,  a» 
said  commission  may  require.    Ibid. 

Corporations  to  make  report  of  annual  returns:  penalty. 
§  17.  That  it  shall  be  the  duty  of  every  person  or  corpora- 
tion operating  any  railroad  or  express  company  in  thin 
State  to  make  annual  returns  of  the  business  of  sale' 
railroad  or  express  company  to  the  Railroad  Commissioi 
of  Arkansas,  which  returns  shall  embrace  all  receipts  anc 
expenditures  of  said  railroad  or  express  companies  in  thii 
State,  and  to  be  made  according  to  forms  furnished  by  th< 
commission  for  that  purpose;  said  returns  shall  be  mad< 
within  thirty  days  after  the  end  of  each  year  to  whicl 
they  relate;  and  the  first  return  shall  be  furnished  withit 
thirty  days  after  the  passage  of  this  Act,  unless  furthei 
time  is  granted  by  the  commission;  said  returns  shall  be 
sworn  to  by  some  officer  of  said  railroad  or  express  com 
pany  having  knowledge  of  the  matters  therein  stated 
And  any  such  person  or  corporation  who  shall  fail  or  re 
fuse  to  make  such  returns  shall  be  liable  to  a  penalty  ot 
fifty  dollars  for  each  day  of  such  failure  or  refusal,  suet 
penalty  to  be  recovered  by  action  commenced  in  the  namt 
of  the  State  of  Arkansas  In  any  court  having  jurisdictlor 
of  the  amount,  such  action  to  be  prosecuted  as  hereinaftei 
provided.     Ibid. 

Penalty.  §  18.  That  if  any  person  or  corporation  oper 
atlng  a  railroad  or  express  company  in  this  State,  oi 
any  receiver,  trustee,  or  lessee  ot  any  such  person  or  cor 
poration  as  aforesaid,  shall  violate  any  of  the  provisions  ol 
this  Act,  or  aid  or  abet  therein,  or  shall  violate  the  tariff 
or  charges,  as  fixed  by  said  commission,  or  any  of  the 
rules  regarding  railroads  or  express  companies,  as  made 
by  said  commission,  and  for  which  there  is  no  other  penal 
ty  prescribed  in  this  Act,  such  person,  corporation,  or  re 
ceiver,  trustee  or  lessee  shall  be  liable  to  a  penalty  of  not 
less  than  $500  nor  more  than  $3,000  for  each  violation 
of  this  Act,  or  such  tariff  of  charges  or  rules  and  regula 
tions  and  such  penalty  may  be  recovered  by  an  action  tc 
be  brought  in  the  name  of  the  State  of  Arkansas,  In  the 
county  in  which  such  violation  may  occur.  The  com 
mission  shall  institute  such  action  and  actions  for  the 
recovery  of  the  penalties  prescribed  in  this  act,  through  the 
prosecuting  attorney  of  the  proper  district,  and  no  such 
suit  shall  be  dismissed  or  compromised  without  the  con- 
sent of  the  court  and  of  said  commissioners;  and  the 
prosecuting  attorney  shall  be  allowed  a  fee  by  the  court 
not  to  exceed  25  per  cent  of  the  amount  collected,  and  it 
any  prosecuting  attorney  shall  neglect  for  fifteen  days 
after  notice  to  bring  suit,  the  commission  may  employ 
some  other  attorney  at  law  to  bring  the  same,  who  shall 
be  allowed  a  fee  therefor  to  be  fixed  by  the  court,  not 
to  exceed  25  per  cent  of  the  amount  collected,  and  In 
such  case  the  prosecuting  attorney  shall  not  interfere; 
provided,  that  in  all  trials  of  cases  brought  for  a  violation 
of  any  tariff  of  charges  by  said  commission,  It  may  be 
shown  in  defense  that  such  tariff  so  fixed  was  unjust. 
Nothing  in  this  section  shall  be  so  construed  as  to  in  any 
manner  interfere  with  the  action  for  damages  as  providi 
in  §  14  of  this  Act.     Ibid. 

Record  of  proceedings  public — Effect  of  findings  as 
deuce.  §  19.  That  the  determination  of  every  matter  by 
said  commission  shall  be  in  writing,  and  by  the  clerks 
spread  upon  a  record  kept  for  that  purpose,  which  shall 
be  a  public  record,  and  subject  to  inspection  as  such,  and 
proof  hereof  shall  be  made  by  the  clerk  of  said  com- 
mission, which  shall  be  received  in  evidence  In  the 
courts  as  certified  copies  of  any  other  record.    And  when 


any 


Public  Service  Laws 


303 


any  matter  has  been  determined  by  said  commission  in 
the  course  of  any  proceeding  relating  to  the  regulation 
or  supervision  of  railroads,  proof  of  the  fact  of  such  de- 
termination, duly  certified  as  aforesaid,  shall  be  received 
In  all  civil  actions  in  the  courts  of  this  State  as  prima 
facie  evidence  that  such  determination  was  right  and 
proper.     Ibid. 

Commission  not  to  invesjtigate  interstate  traffic.  §  20. 
That  the  provisions  of  this^^ct  shall  not  be  construed 
as  to  require  said  commission  to  investigate  or  call  upon 
any  railroad  or  express  company  for  its  schedule  or  tariff 
of  charges  in  the  transportation  of  passengers  or  property 
from  any  point  wholly  outside  of  this  State,  or  in  any 
way  interfere  with  such  rates,  or  charges.     Ibid. 

Salaries  and  expenses — How  paid — Fines  and  penalties 
go  to  the  State.  §  21.  That  the  salaries  and  expenses  of 
the  commission  shall  be  paid  from  the  State  treasury 
on  the  warrant  of  the  auditor  of  State,  the  same  to  be 
paid  monthly,  and  the  clerk  of  said  commission  shall, 
at  the  end  of  each  month,  make  out  an  itemized  ac- 
count of  all  the  expenses  incurred  by  said  commission, 
fees  paid  to  officials  for  issuing  and  serving  notices,  proc- 
esses, witness  fees,  and  any  other  expenses  actually  paid 
and  which  are  authorized  by  this  Act  and-  said  account 
shall  be  examined  by  said  commission  and  approved  by 
them  if  correct,  and  said  accounts  so  approved  shall  be 
filed  with  the  auditor  of  State,  and  he  shall  issue  his 
warrant  on  the  State  treasurer  for  the  amount  of  said  ac- 
count, and  deliver  the  same  to  the  clerk  of  said  com- 
mission, and  the  State  treasurer  is  hereby  authorized  to 
pay  the  transportation,  costs  or  other  expenses  of  like 
nature  during  any  current  month,  the  same  may  be  drawn 
in  advance  upon  certificate  of  the  commissioners,  but  to 
be  embraced  thereafter  in  the  monthly  statement  to  be 
made,  as  required  by  law,  showing  the  same  to  have 
been  paid.  All  fines  and  penalties  recovered  by  the  pro- 
visions of  this  Act  shall  be  paid  into  the  State  treasury, 
to  the  credit  of  the  general  fund.  Act  March  11,  1899, 
§  21,  as  amended  by  Act  April  15,  1899,  §  7. 

Mandamus  to  compel  obedience — Contempt.  §  22.  That 
if  any  person  or  corporation,  operating  any  railroad  or 
express  company,  shall  fail,  refuse  or  neglect,  after  notice 
by  said  commission,  to  put  up  its  rate  sheet,  giving  its 
tariff  of  charges  in  the  manner,  place  and  time,  as  pro- 
vided in  this  Act,  or  to  furnish  said  commission  with  the 
rate  sheet  and  tariff  of  charges  as  provided  for  in  this 
Act,  or  to  furnish  cars  and  motive  power  for  the  prompt 
transportation  of  freight  as  provided  In  this  Act,  or  to 
comply  with  any  provision  of  this  Act,  or  to  make  re- 
turns as  required  by  this  Act,  such  person  or  corporation 
shall  be  subject  to  a  writ  of  mandamus,  to  be  issued  by 
any  Circuit  Court  of  this  State,  where  such  person  or  cor- 
poration has  an  oflice,  agent  or  place  of  business,  to  com- 
pel a  compliance  with  the  provisions  and  requirements  of 
said  Act,  and  such  writ  shall  issue  in  the  name  of  the 
State  of  Arkansas  at  the  relation  of  said  commission 
appointed  under  the  provisions  of  this  Act,  and  failure  to 
comply  with  the  requirements  shall  be  punishable  as  and 
for  contempt.     Act  March  11,  1899. 

Commission  to  investigate  complaints  as  to  discrimina- 
tion. §  23.  It  shall  be  the  duty  of  the  commission  herein 
provided  tor,  upon  the  complaint  of  any  person,  company 
or  corporation,  in  writing,  charging  any  person  or  cor- 
poration with  discrimination  or  overcharge,  to  investigate 
the  same  and  take  such  action  in  the  premises  as  is  pro- 
vided in  this  Act  and  the  facts  In  the  case  justify.     Ibid. 

Act  applies  to  express  companies — Carriers.  §  24.  Be  it 
further  enacted.  That  all  the  provisions  of  this  Act  shall 
apply  to  and  include  all  persons,  companies  or  corpora- 
tions carrying  property  on  any  railroad  or  express  mat- 
ter, and  known  as  express  companies,  as  fully  as  if  such 
persons,  companies  or  corporations  were  specially  named 
and  designated  herein;  and  the  words  "engaged  in  trans- 
porting persons  or  property,"  shall  be  held  to  include  all 
carriers  of  property  by  railroad,  whether  the  same  are 
designated  as  freight  or  express.    Ibid. 

Inquisitorial  powers  of  commission — Inspection  of  books 
and  papers.  §  25.  The  commissioners,  or  either  of  them, 
shall  have  the  right,  at  such  times  as  they  may  deem 
necessary,  to  inspect  the  books  and  papers  of  any  railroad 
company,  and  to  examine  under  oath  any  officer,  agent  or 
employe  of  such  railroad  in  relation  to  the  business  and 


affairs  of  the  same.  If  any  railroad  shall  refuse  to  permit 
the  commissioners,  or  either  of  them,  to  examine  its 
books  and  papers,  said  railroad  company  shall,  for  each 
offense,  pay  the  State  of  Arkansas  not  less  than  $100  nor 
more  than  $500  for  each  day  It  shall  so  fail  and  refuse. 
Ibid. 

Misdemeanor  to  obstruct  commission — Penalty.  §  26.  Anj 
ofllcer,  agent  or  employe  of  any  railroad  company  who 
shall,  upon  proper  demand,  fail  or  refuse  to  exhibit  to  the 
commissioners,  or  either  of  them,  any  book  or  paper  of 
such  railroad  company  which  is  in  the  possession  or  under 
the  control  of  such  officer,  agent  or  employe,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  in 
any  court  having  jurisdiction  thereof  shall  be  fined  for 
each  offense  a  sum  not  less  than  one  hundred  dollars 
($100)  nor  more  than  five  hundred  dollars  ($500).    Ibid. 

Commission  to  ascertain  cost  of  railroads,  wages,  sal- 
aries, etc.  §  27.  The  commission  shall  ascertain  as  early 
as  practicable  the  amount  of  money  expended  in  the  con- 
struction and  equipment  per  mile  of  every  railroad  in 
Arkansas  the  amount  of  money  expended  to  procure  the 
right  of  way  and  the  amount  of  money  it  would  require  to 
reconstruct  the  roadbed,  track,  depots  and  to  replace  all 
the  physical  properties  belonging  to  the  railroad.  It  shall 
also  ascertain  the  amounts  paid  for  salaries  to  the  officers 
of  the  railroad,  the  wages  paid  for  salaries  to  the  officers 
of  the  railroad,  the  wages  paid  to  employes  and  the  operat- 
ing expenses  of  each  and  every  railroad  in  the  State,  in- 
cluding repairs  and  interest  on  indebtedness.  When  the 
information  required  by  this  section  is  obtained  it  shall  be 
communicated  to  the  attorney-general  by  report,  and  a 
duplicate  of  same  filed  with  the  auditor  for  public  use, 
and  said  information  shall  be  printed  from  time  to  time 
in  the  annual  report  of  the  commission.    Ibid. 

Annual  report.  §  28.  The  commission  shall  make  and 
submit  to  the  governor  annual  reports,  containing  a  full 
and  complete  account  of  the  transactions  of  their  office, 
together  with  the  information  gathered  by  such  commis- 
sion as  herein  required,  and  such  other  facts,  suggestions 
and  recommendations  as  may  be  by  them  deemed  neces- 
sary, which  report  shall  be  published  as  the  reports  of  the 
heads  of  departments.     Ibid. 

Witnesses — Fees  —  Costs — How  taxed  —  Contempts — Im- 
munity of  witnesses.  §  29.  The  said  commission,  in  mak- 
ing any  examination  or  investigation  provided  for  in  this 
Act,  shall  have  power  to  issue  subpoenas  for  the  attend- 
ance of  witnesses,  and  every  witness  who  shall  appear  by 
order  of  the  commission  at  a  place  outside  of  the  county 
of  his  residence  shall  receive  for  his  attendance  $1.50  per 
day,  and  5  cents  per  mile,  traveled  by  the  nearest  prac- 
ticable route,  in  going  to  and  returning  from  the  place 
of  meeting  of  said  commission,  but  witnesses  who  reside 
within  the  county  in  which  the  commission  meets  shall 
receive  $1.50  per  day  for  each  day's  attendance,  but  no 
mileage,  which  shall  be  paid  upon  the  warrant  of  the  audi- 
tor, upon  the  presentation  of  the  proper  vouchers  sworn  to 
by  such  witnesses  approved  by  the  chairman  of  the  com- 
mission: provided,  that  no  witness  shall  be  entitled  to 
any  witness  fees  or  mileage  who  is  directly  or  indirectly 
interested  in  any  railroad  in  this  State,  or  out  of  it,  or 
who  is  in  anywise  interested  in  any  stock,  bond,  mortgage, 
security  or  earnings  of  any  such  road,  or  who  shall  be  the 
agent  or  employe  of  such  road,  or  any  officer  thereof, 
when  summoned  at  the  instance  of  such  railroad,  and  no 
witness  furnished  with  free  transportation  shall  receive 
pay  for  the  distance  he  may  have  traveled  on  such  free 
transportation.  Provided,  however,  that  In  all  cases  of 
contest  before  the  commission,  the  unsuccessful  party 
shall  be  taxed  with  the  costs  unless  otherwise  ordered  by 
the  commission.  In  case  any  witness  shall  fail  or  refuse  to 
obey  such  subpoena  said  commission  may  issue  an  at- 
tachment for  said  witness,  directed  to  any  sheriff  or  any 
constable  in  the  State  of  Arkansas,  and  compel  him  to  at- 
tend before  the  Commission  and  give  his  testimony  upon 
such  matters  as  shall  be  lawfully  required  of  them.  If -a 
witness,  after  being  duly  summoned,  shall  fail  or  refuse  to 
attend  or  to  answer  any  question  propounded  to  him,  and 
which  he  would  be  required  to  answer  if  in  court,  the 
commission  shall  have  the  power  to  fine  and  imprison  such 
witness  for  contempt.  In  the  same  manner  that  a  judge  of 
the  Circuit  Court  might  do  under  the  similar  circum- 
stances. The  claim  that  any  such  testimony  may  tend  to 
criminate  the  person  giving  it  shall  not  excuse  such  wit- 


304 


NaTIOXAL  AsSOCIATIOX   of   liAILWAY   COMMISSIONERS 


I 


ness  from  testifying;  but  the  person  so  testifying  shall 
not  be  prosecuted  or  subject  to  any  penalty  or  forfeiture, 
for  on  account  of  any  transaction,  matter  or  thing  con- 
cerning in  any  way  such  case  or  proceeding;  provided, 
that  no  person  shall  be  exempt  from  perjury  in  so  testify- 
ing; provided  further,  the  commission  shall  in  all  cases 
have  the  right  to  issue  proper  process  and  take  depo- 
sitions instead;  of  compelling  personal  attendance  of  wit- 
ness. The  sheriff  or  constable  executing  any  process  un- 
der the  provisions  of  this  bill  shall  receive  such  com- 
pensation as  may  be  allowed  by  the  commission,  not  to 
exceed  fees  as  now  prescribed  by  law.  Act  March  11, 
1899.    §  29,  as  amended  by  Act  April  15,  1899,  §  5. 

Remedy  cumulative.  §  30.  That  the  remedies  hereby 
given  shall  be  regarded  as  cumulative,  and  this  Act  shall 
not  be  construed  as  repealing  any  statute  giving  such  reme- 
dies.   Act  March  11,  1899,  §  30. 

ACT  APRIL  15,  1899. 

Commission  may  employ  experts.  §  31.  The  said  com- 
mlssioners  are  authorized,  whenever  necessary  in  their 
judgment,  for  the  intelligent  performance  of  their  duties. 
to  employ  an  expert,  whose  remuneration  shall  be  fixed 
by  the  board  and  paid  as  other  employes,  but  such  serv- 
ice shall  cease  whenever  the  occasion  for  its  employment 
shall  terminate.     §  2. 

Joint  tariffs  between  connecting  lines.  §  32.  Should 
any  railroad  company  now  owning,  or  hereafter  desiring 
to  build  a  road  to  connect  with  any  main  line,  and  should 
the  management  of  any  such  main  line  refuse  to  enter  into 
a  reasonable  joint  traffic  contract  with  it,  such  company 
may  file  its  petition  with  the  Commission,  setting  forth 
its  case,  and  if  the  Commission  shall  find  that  there  is  a 
reasonable  and  public  demand  for  such  proposed  line,  it 
.shall  approve  the  same  and  fix  and  establish  joint  traflic 
rates  therefor.  Thereupon,  such  company  may  file  its 
bill  against  any  such  company  owning  the  main  line,  either 
in  the  Pulaski  Chancery  Court  or  in  the  court  of  the 
county  wherein  the  junction  of  the  two  roads  is  to  be 
formed,  for  the  purpose  of  having  such  order  established 
by  decree,  and  the  case  shall  take  precedence  in  said 
court.  Appeals  from  any  decree  shall  be  perfected  within 
ninety  days  without  privilege  of  renewal,  and  shall  also 
take  precedence  in  the  Supreme  Court.     Section  4. 

Power  of  individual  commissioners.  §  33.  Each  com- 
missioner and  the  secretary  shall  have  power  to  adminis- 
ter all  oaths  and  to  certify  to  all  official  acts  done  by 
the  commission.     §  9. 

ACT  EMPOWERING  RAILROAD  COMMISSION  TO  MAKE 
JOINT  RATES. 

Be  it  Enacted  by  the  General  Assembly  of  the  State  of 
Arkansas: 

Connecting  roads  to  afford  reasonable  facilities.  §  1. 
That  every  person,  company  or  corporation,  operating  any 
railroad  in  this  State,  which  connects  with  any  other 
railroad  in  this  State  and  which  forms  a  part  of  a  con- 
tinuous line  of  railway  communication  to  any  point  within 
this  State,  such  companies  and  corporations,  respectively, 
shall  afford  all  due  and  reasonable  facilities  for  receiv- 
ing and  forwarding  by  one  of  such  railroads  all  the  traffic 
arriving  by  the  other,  and  shall  promptly  forward  the 
same  at  through  rates,  tolls  and  fares,  without  giving  any 
undue  preference  or  advantage  to  or  in  favor  of  any 
particular  person  or  company,  or  any  particular  descrip- 
tion of  traffic,  in  any  respect  whatsoever,  so  that  no  ob- 
struction may  be  offered  to  the  public  desirous  of  using 
the  railroads  of  this  State  as  continuous  lines  of  carriage 
from  one,  to  another  point  within  the  State. 

Through  joint  rates  and  fares.  §  2.  That  all  persons, 
companies  or  corporations,  operating  any  railroad  In  this 
State  that  forms  part  of  a  continuous  line  of  railway  com- 
munication to  any  point  in  this  State,  shall  issue  through 
passenger  tickets  and  check  baggage  through  to  and  from 
points  on  such  continuous  line  of  communication,  at 
through  rates  and  fares.  That  all  freight  and  traffic  car- 
ried wholly  within  this  State  to  and  from  stations  on 
lines  of  continuous  carriage  aforesaid,  shall  be  way-billed 
through  at  through  rates  and  tolls  from  point  of  de- 
parture to  point  of  arrival,  without  being  rebilled  at  junc- 
tion points;  and,  in  case  of  carload  freights,  the  forward- 
ing carrier  shall  receive  and  forward  the  same  In  the  car 


:\ 


or  cars  in  which  the  freight  is  tendered,  without  breaking 
bulk  of  package. 

Commission  to  make  joint  through  rates — Fare  and  ■ 
charge.  §  3.  That,  In  all  cases  where  there  is  by  phys- 
ical connection  of  railroads  a  continuous  line  of  railway 
communication  between  railroad  stations  within  this  State 
whether  such  stations  be  on  railroads  operated  by  one 
and  the  same  company  or  corporation  or  on  railroads  op- 
erated by  different  and  independent  companies  or  corpora- 
tions, it  shall  be  the  duty  of  the  railroad  commission 
of  this  State,  to  and  from  such  stations,  to  make  just 
and  reasonable  rates  of  freight,  express  and  passenger 
traffic,  to  be  observed  by  all  persons,  companies  or  cor- 
porations operating  any  railroad  or  engaged  in  trans- 
porting persons  or  property  as  express  or  freight  In  this 
State. 

//  connecting  lines  disagree  commission  fix  pro  rata 
charges.  §  4.  If  any  two  or  more  connecting  lines  ot 
railroad  in  this  State  shall  fail  to  agree  upon  a  fair  and 
just  division  of  the  charges  arising  from  the  transporti- 
tion  of  freights,  passengers  or  cars  over  their  lines,  tie 
commission  shall  make  the  division  and  shall  fix  the  pio 
rata  part  of  such  charges  to  be  received  by  each  of  said  , 
connecting  lines. 

Penalties  for  violation.  §  5.  That  if  any  person ' 
corporation  operating  a  railroad  or  express  company  liT 
this  State  or  any  receiver,  trustee  or  lessee  of  any  such 
person  or  corporation  as  aforesaid  shall  violate  any  of  the 
provisions  of  this  act  or  aid  or  abet  therein  or  sha'l 
violate  the  tariff  of  charges  as  fixed  by  said  Commission 
or  any  of  the  rules  regarding  railroads  or  express  com- 
panies as  made  by  said  commission,  and  for  which  thei  e 
is  no  other  penalty  prescribed  in  this  Act,  such  perse  ri 
or  corporation  or  receiver,  trustee  or  lessee  shall  le 
liable  to  a  penalty  not  less  than  $500  nor  more  thai 
$3,000  for  each  violation  of  them  or  such  tariff  of  charge  s 
or  rules  and  regulation,  and  such  penalty  may  be  recovere  1 
by  an  action  to  be  brought  in  the  name  of  the  State  <  f 
Arkansas  in  the  County  in  which ,  such  violation  may 
occur.  The  commission  shall  institute  such  action  an  1 
actions  for  the  recovery  of  the  penalties  prescribed  i  i 
this  Act  through  the  prosecuting  attorney  of  the  prop(  r 
district  and  no  such  suit  shall  be  dismissed  or  compromise  1 
without  the  consent  of  the  court  and  of  said  comml  -  , 
sioners,  and  the  prosecuting  attorney  shall  be  allowed  \ 
fee  by  the  court  not  to  exceed  25  per  cent  of  the  amoui  t 
collected,  and  if  any  .prosecuting  attorney  shall  negle<  t 
for  fifteen  days  after  notice  to  bring  suit  the  commissicii 
may  employ  some  other  attorney  at  law  to  bring  the  sane  e 
who  shall  be  allowed  a  fee  therefor  to  be  fixed  by  tie 
court  not  to  exceed  25  per  cent  of  the  amount  collected 
In  such  case  the  prosecuting  attorney  shall  not  interfen  ; 
provided,  that  in  all  trials  of  cases  brought  for  violation 
of  any  tariff  charges  by  said  commission,  it  may  be  show  a 
in  evidence  that  such  tariff  so  fixed  was  unjust.  Nothir? 
in  this  section  shall  be  so  construed  as  to  in  any  manni  r 
interfere  with  the  action  for  damages  may  be  provided 
by  law. 

§  6.  All  laws  in  conflict  with  this  Act  be,  and  the  san  e 
are  hereby,  repealed,  and  this  Act  shall  be  in  force  ar  d 
take  effect  from  and  after  its  passage. 

Approved  April  8,  1903. 

The  Act  creating  the  railroad  commission  of  Arkan 
has  been  supplemented  by  other  statutes,  as  follows: 


CAR  SERVICE— UNION  STATIONS. 


11 

te    )fj 


Be  it  Enacted  by  the  General  Assembly  of  the  State _)fj 
Arkansas : 
Commission  authorized  to  establish  demurrage  ru 
1 1.  The  railroad  commission  of  Arkansas  is  hereby  authtr-" 
ized  and  empowered,  as  to  all  freight  carried  wholly  with  n 
this  State  and  the  cars  used  therefor,  to  make  and  es- 
tablish all  needful  rules  and  regulations,  general  and 
special,  which  may  be  different  according  to  the  circum- 
stances and  conditions  to  different  railroads  and  localiti'js 
and  for  different  kind  and  classes  of  freight  and  cats, 
providing  for  the  time,  place  and  manner  of  demanding 
cars  for  or  giving  notice  of  shipment  of  such  freight  and 
the  time,  place  and  manner  and  order  in  which  same 
shall  be  furnished  to  shippers  for  the  purpose  of  shipping 
freight  between  points  in  this  State;  and  to  prescribe 
rules  and  regulations  for  the  furnishing,  exchanging  and 
interchanging  of  cars,  loaded  and  empty,  by  railroad  com- 


Public  Service  Laws 


505 


panics  as  between  each  other;  the  time,  place,  terms  and 
conditions  upon  which  such  cars  shall  be  furnished  and 
such  interchange  shall  be  made,  and  in  the  absence  of  an 
agreement  of  such  railroad  companies,  the  reasonable 
compensation  to  be  paid  by  each  railroad  company  for  the 
use,  loss,  injury  or  destruction  of  the  cars  of  another  rail- 
road company  in  the  transportation  of  such  freight;  the 
time  within  which,  and  the  manner  by  which,  railroad 
companies  shall  give  notice,  or  make  demand  upon  each 
other  for  cars  to  be  furnisRejl  by  one  railroad  company 
in  exchange  for  loaded  cars,  or  to  have  its  cars  returned, 
the  reasonable  free  time  to  be  allowed  the  shipper  for  the 
loading  of  such  car  or  cars  without  incurring  liability  for 
demurrage,  the  free  time  which  shall  be  allowed  to  the 
shipper  or  consignee  in  which  to  unload  such  freight  with- 
out incurring  any  liability  for  demurrage;  a  schedule  of 
reasonable  demurrage  charges,  reciprocal  or  otherwise, 
for  the  use  of  cars,  irrespective  of  damages  or  penalties 
herein  provided,  which  may  be  different  for  different  rail- 
roads and  different  traffic  and  localities,  to  be  paid  by 
shippers  for  the  detention  or  use  of  cars,  either  in  loading 
or  unloading,  or  by  the  railroads  for  failing  in  a  reason- 
able time  to  furnish  cars,  or  to  make  delivery  of  loaded 
cars,  subject  to  the  penalties  and  damages  herein  pro- 
vided, and  the  rules  and  regulations  with  respect  thereto. 
Said  commission,  whenever  it  may  deem  same  necessary 
in  order  to  secure  the  prompt  transportation  of  freight 
and  preservation  of  the  property,  shall  be  authorized  to 
prescribe  the  minimum  speed  at  which  freight  shall  be 
moved  when  being  transported  between  points  within 
this  State,  including  the  time  for  transfer  and  delivery 
between  connecting  railroads.  It  shall  be  the  duty  of 
every  such  railroad  to  conform  to  all  the  rules  and  regula- 
tions and  orders  of  the  commission,  made  in  accordance 
with  this  Act,  and  the  failure  of  any  such  railroad  com- 
pany to  observe  the  rules  and  regulations  of  the  commis- 
sion, or  to  comply  with  the  provisions  hereof,  as  to  freight 
carried  wholly  within  this  State,  shall  be  deemed  an  abuse 
subject  to  correction  by  the  railroad  commission  of  Ar- 
kansas, and  shall  subject  such  railroad  company  to  the 
penalties  hereinafter  provided. 

Damages  for  violation — Attorney's  fees.  §2.  That  every 
railroad  company  which,  in  violation  of  any  of  the  provi- 
sions of  this  Act,  shall  fail  to  furnish*  any  car  or  cars 
for  the  shipment  of  any  freight  within  a  reasonable  time, 
or  in  case  of  the  shipment  of  freight  between  points,  whf n 
within  the  time  prescribed  by  the  railroad  commission 
of  Arkansas,  in  the  event  it  shall  prescribe  the  time  by 
rules  or  regulations  as  provided  herein,  and  it  shall  fail 
to  do  so  then  within  a  reasonable  time,  or  shall  fail  to 
receive  and  forward  any  loaded  car  or  cars  or  to  exchange 
cars  as  provided  for  herein,  shall  be  liable  to  the  shipper 
or  other  person  injured  or  damaged  thereby,  for  all  such 
injury  and  damages  as  may  result  to  such  shipper  and  a'l 
special  damages  of  which  such  railroad  company  had 
notice  at  the  time  of  the  shipment  or  which  shall  oocar 
after  written  notice  thereof,  and  shall  be  liable  in  addition 
thereto,  for  an  amount  equal  to  a  reasonable  attorney's 
fee,  in  case  suit  is  brought  for  the  recovery  of  such  dam- 
age, and  in  case  of  the  failure  or  refusal  to  so  furnish, 
within  a  reasonable  time  any  car  or  cars  for  the  shipment 
of  live  stock,  green  fruit,  vegetables  or  other  perishable 
freight,  such  railroad  company,  for  such  failure  to  furnish 
such  car  or  cars  within  a  reasonable  time,  shall  be  liable 
to  the  shipper  for  the  damage  caused  thereby,  and  a 
reasonable  attorney's  fee  in  case  suit  is  brought  to  re- 
cover the  same.  That  every  railroad  company  which  shall 
fail  to  furnish  cars  or  to  exchange  as  required  by  the 
provisions  of  this  Act,  or  by  the  rules  and  regulations  ot 
the  railroad  commission  as  provided  herein,  shall  be  liable 
to  the  railroad  company  injured  thereby,  for  all  such 
damages  as  may  result  to  it,  and  in  addition  thereto,  an 
amount  equal  to  a  reasonable  attorney's  tee  in  case  of 
a  suit  brought  for  the  recovery  of  any  damage.  Every  rail- 
road company  using  cars  of  another  railroad  company,  or 
which  have  been  delivered  to  it  by  such  railroad  company, 
shall  be  liable  to  the  party  entitled  thereto,  to  pay  for 
the  reasonable  use  and  hire  thereof,  and  for  injury  or 
damage  thereto,  or  destruction  thereof,  while  in  its  posses- 
sion or  under  its  control,  tor  the  amount  of  such  injury; 
and  in  case  of  cars  in  the  shipment  ot  freight  between 
points  wholly  within  this  State,  the  amount  for  the  use  or 
hire  thereof,  may  be  prescribed  by  the  railroad  commission 
of  Arkansas,  except  where  the  owners  of  such  cars  and 


such  railway  companies  agree  upon  such  compensation, 
in  which  case  the  amount  so  fixed  shall  govern.  And 
where  any  such  railroad  company  or  owner  of  any  such 
car  or  cars  shall  be  diesatisfled  with  the  amount  fixed  by 
the  commission  for  such  use,  hire,  loss  or  destruction  or 
damage  to  such  car,  or  where  the  railroad  company  is 
liable  therefor,  shall  fail  to  pay  for  the  same,  the  railroad 
commission  or  person  entitled  thereto,  or  which  is  liable 
for  the  use,  hire,  loss,  injury  or  destruction  of  such  cars, 
shall  be  entitled  to  establish  the  reasonable  value  thereof, 
in  a  suit  brought  in  any  court  of  this  State  having  juris- 
diction of  the  parties  and  of  the  amount  in  controversy, 
and  such  court  shall  render  such  judgment  as  to  it  shall 
seem  just  and  reasonable;  Provided,  that  no  railroad 
company  shall  be  compelled  to  furnish  its  own  cars  to 
any  other  railroad  company  which  is  involved  except  upon  - 
reasonable  security  furnished  to  it  to  protect  it  from  loss 
of  or  damage  to,  or  destruction  of  such  cars  and  com- 
pensation for  the  use  thereof,  and  in  no  event  shall  any 
railroad  company  be  required  to  furnish  any  cars  to  any 
connecting  line  except  to  exchange  for  other  cars  reason- 
ably suitable  for  the  transportation  of  freight. 

Penalty.  §  3.  That  every  railroad  company  which  shall 
wilfully,  by  its  own  gross  negligence,  or  by  the  gross 
negligence  of  its  agents  having  charge  and  management  of 
the  matters  of  furnishing  cars,  fail  or  refuse  to  furnish  or 
exchange  cars  as  herein  provided  for,  or  to  transport  or 
deliver  the  same  within  the  time  prescribed  by  the  com- 
mission as  to  freight  carried  between  points  wholly  within 
this  State,  or  if  not  so  prescribed  then  within  a  reasonable 
time,  shall,  in  addition  to  other  liabilities  herein  provided 
for,  forfeit  to  the  State  of  Arkansas,,  for  each  of  such 
violations,  not  less  than  one  dollar  ($1.00)  nor  more  than 
one  hundred  dollars  ($100.00)  for  each  offense;  and  each 
day  of  such  failure  or  neglect  as  to  each  car  which  it  by 
such  wilful  or  gross  negligence,  shall  fail  or  refuse  to  fur- 
nish or  exchange,  shall  be  treated  as  a  separate  offense;  such 
penalties  to  be  recovered  in  an  action  instituted  by  the 
railroad  commission,  through  the  prosecuting  attorney  of 
the  proper  district,  and  no  such  suit  shall  be  dismissed  or 
compromised  without  the  consent  of  the  court  and  the  com- 
mission; and  the  prosecuting  attorney  shall  be  allowed 
a  fee  by  the  court  not  to  exceed  25  per  cent  of  the  amount 
collected;  and  it  any  prosecuting  attorney  shall  neglect 
for  15  days  after  notice  to  bring  suit,  the  commission 
may  employ  some  other  attorney-at-law  to  bring  the  same, 
who  shall  be  allowed  a  fee  therefor,  to  be  fixed  by  the 
court,  not  to  exceed  25  per  cent  of  the  amount  collected, 
and  in  such  case  the  prosecuting  attorney  shall  not 
interfere. 

By  the  term  "shipper"  as  herein  used  is  meant  any  per- 
son, firm  or  corporation  tendering  freight  for  shipment,  and 
any  consignor  or  consignee  of  any  bill  of  lading,  or  other 
person,  firm  or  corporation  having  the  right  of  a  consignor 
or  consignee. 

Evidence.  §  4.  It  shall  be  deemed  prima  facie  a  rea- 
sonable time,  within  which  to  order  cars  that  any  shipper 
shall  give  notice  thereof,  to  the  station  agent  at  the  place 
of  shipment,  or  in  his  absence  to  the  nearest  station  agent 
of  the  railroad  company  to  which  such  application  is  made, 
three  (3)  days  before  such  shipment  of  five  (5)  cars  or 
less,  and  five  (5)  days  for  less  than  ten  (10)  or  more  than^ 
five  (5)  cars,  and  eight  (8)  days  for  ten  (10)  cars  or  more, 
and  it  shall  be  the  duty  of  the  railroad  companies  to 
furnish  their  station  agents  with  printed  blanks,  upon  which 
shippers  may  make  application  for  their  cars.  Provided, 
that  nothing  in  this  Act  shall  be  construed  to  exempt  any 
railroad  company  from  the  obligation  to  furnish  cars  for 
shipment  without  such  written  notice,  but  it  shall  only 
be  subject  to  the  penalties  of  this  Act  for  failure  to  furnish 
cars  to  shippers  where  notice  thereof  shall  be  given  in 
writing,  or  in  case  of  shipment  of  freight  wholly  between 
points  in  this  State,  then  in  accordance  with  the  rules  and 
regulations   of  the  railroad   commission   of   Arkansas. 

Commission  may  order  union  stations.  §  5.  The  rail- 
road commission  of  Arkansas  shall  have  power  to  require 
the  building  and  maintaining  of  union,  passenger  or  freight 
depots,  by  two  or  more  railroads  in  any  city  of  the  first  or 
second  class  In  this  State,  when  the  business  and  condi- 
tions in  said  city  justify  or  require  such  facilities,  and  the 
making  of  any  order  for  the  erection  and  maintaining  of 
any  such  union  passenger  or  freight  depots,  or  both, 
shall  be  prima  facie  evidence  of  the  need  of  such  facility 
and  reasonableness  of  such  requirement. 


306 


Xational  Association  of  Railway  Commissioners 


§  6.     That  this  Act  take  effect  and  be  in  full  force  from 
and  after  its  passage. 
Approved  May  27,  1909. 

BECIPROCAL    DEMCRKAG^    RULKS. 

The  railroad  commission  of  Arkansas  has  established 
reciprocal  demurrage  rules  as  follows: 

ORDER  No.  346— EFFECTIVE  JUNE'  19.  1907. 

It  is  ordered  by  the  commission  that  its  rules  be 
amended  by  the  adoption  of  a  new  rule  to  be  known  as 
Rule  No.  346,  which  rule  shall  read  as  follows,  to-wit: 

Railroad  to  furnish  cars  within  six  days.  §  1.  When  a 
shipper  makes  a  written  application  to  the  station  agent  of 
a  railroad  company  for  a  car  or  cars,  to  be  loaded  with  any 
kind  of  freight  embraced  in  the  tariff  of  said  company, 
stating  in  said  application  the  character  of  the  freight  and 
its  final  destination,  the  railroad  company  shall  furnish 
same  at  the  place  of  shipment  within  6  days  from  7 
o'clock  a.  m.  the  day  following  such  application. 

Or  on  day  specified  in  application.  §  1  (continued).  Or, 
when  the  shipper  making  such  application  specifies  a  fu- 
ture day  on  which  he  desires  to  make  a  shipment,  giving 
not  less  than  six  days'  notice  thereof,  computing  from  7 
o'clock  a.  m.  the  day  following  such  application,  the  rail- 
road company  shall  furnish  such  car  or  cars  on  the  day 
specified  in  the  application,  said  station  agent  shall  give 
applicant  a  receipt  for  his  application  for  car  or  cars, 
with  date  of  filing  said  application;  provided,  that  it  shall 
be  the  duty  of  every  railroad  company  in  this  State  to 
exchange  loaded  and  empty  cars  in  the  transportation  of 
such  freight  for  the  purpose  of  facilitating  its  movement 
with  every  other  railroad  with  which  it  connects,  form- 
ing any  part  of  the  route  for  the  shipment  of  such  freight, 
or  with  which  it  has  or  participates  in  joint  rates  for  such 
shipments;  and  for  each  of  such  railroad  companies,  form- 
ing such  route  or  having  or  participating  in  such  joint 
rates  on  demand  of  such  connecting  line  to  furnish  lo 
it,  within  reasonable  time  after  such  loaded  cars  iro 
delivered,  as  many  empty  cars  suitable  for  carrying  such 
freight  as  may  be  delivered  to  it  loaded  by  sucli  con- 
necting carrier  for  the  purpose  of  transportation  over 
its  line  or  for  delivery  to  any  point  on  its  line;  and 
upon  demand  of  the  owner  thereof,  it  shall  be  the  duty 
of  every  such  railroad  company  receiving  the  cars  of  another 
to  return  the  same  within  a  reasonable  time  after  de- 
mand therefor;  and  within  the  time  and  according  to  the 
rules  and  regulations  prescribed  by  the  railroad  commis- 
sion of  this  State;  provided,  this  rule  shall  not  apply 
to  railroads  under  two  miles  in  length  and  to  railroads 
that  are  not  public  carriers. 

Penalty  $3  per  car  per  day.  §  1  (continued).  For  fail- 
ure to  comply  with  this  section  the  railroad  company  so 
offending  shall  forfeit  and  pay  to  the  shipper  applying 
the  sum  of  $5.00  per  car  per  day  or  fraction  of  a  day's 
delay  after  expiration  of  free  time,  upon  demand  in  writing 
made  withiri  30  days  thereafter  by  the  shipper;  provided, 
failure  on  the  part  of  the  shipper  to  make  the  demand  on 
the  railroad  company  shall  not  release  the  railroad  com- 
pgr.y  from  liability  to  the  shipper  from  said  forfeiture 
or  demurrage  charges. 

Railroad  must  acept  freight  immediately.  §  2.  When 
freight  in  carloads  or  less  is  tendered  to  a  railroad  com- 
pany, and  correct  shipping  instruction  given,  the  railroad 
agent  must  immediately  receive  the  same  for  shipment 
and  issue  bills  of  lading  therefor,  and  whenever  such  ship- 
ments have  been  so  received  by  any  railroad  com  pa  17 
they  must  be  carried  forward  at  the  rate  of  not  less  than 
fifty  (50)  miles  per  day  of  24  hours,  computing  from  7 
o'clock  a.  m.  the  day  following  receipt  of  shipment,  and 
for  failure  to  receive  and  transport  such  shipments  within 
the  time  prescribed,  the  railroad  company  so  offending  shall 
forfeit  and  pay  to  the  shipper  the  sum  of  $5.00  per  car  per 
day,  or  fraction  thereof,  on  all  carload  freight,  and  1  per 
cent  per  100  pounds  per  day,  or  fraction  thereof,  on 
freight  in  less  than  carloads,  with  a  minimum  charge  of 
5  cents  for  any  one  package,  upon  demand  in  writing,  by 
the  shipper  and  other  party  whose  interest  is  affected  by 
such  delay;  provided,  that  in  computing  the  time  .of 
freight  in  transit  there  shall  be  allowed  24  hours  at 
each  point  where  transferring  from  one  railroad  to  another 
or  rehandling  of  freight  is  involved;  and  in  all  compu- 
tation of  time  between  sliipper  and  carrier,  Sundays  ;tn'J 


ba:i 


legal  holidays  aie  to  be  excluded;  and  in  the  transporta- 
tion of  cattle,  sheep,  swine  and  other  animals,  the  carrier 
shall  be  governed  by  the  provisions  of  the  Federal  statutes 
in  watering,  feeding  and  rest  of  said  animals,  and  sucli 
delay  shall  be  counted  as  free  time.  The  period  during 
which  the  movement  of  freight  is  suspended  on  account  if 
accident,  or  any  cause  not  within  the  power  of  the  rail- 
road company  to  prevent,  shall  be  added  to  the  free  time 
allowed  in  this  section  and  counted  as  additional  free 
time. 

Notice  of  arrival  of  freight.  §  3.  Railroad  companies 
shall,  within  24  hours  after  arrival  of  shipments,  give 
notice,  by  mail  or  otherwise,  to  consignee  of  the  arrival  of 
shipments,  together  with  the  weight  and  amount  of  freight 
charges  due  thereon ;  and  where  goods  or  freight  in  car- 
load quantities  arrive,  such  notice  shall  contain  also 
identifying  numbers,  letter  and  initials  of  the  car  or  cars, 
and  if  transferred  in  transit  the  number  and  initials  of 
the  car  in  -which  originally  shipped.  Any  railroad  com- 
pany failing  to  give  such  notice  shall  forfeit  and  pay  to  the 
shipper  or  other  party  whose  interest  is  affected  the  sun 
of  $5  per  car  per  day,  or  fraction  of  a  day's  delay  on  ail 
carload  shipments,  and  1  per  cent  per  100  pounds  per  day 
or  fraction  thereof,  on  freight  in  less  than  carloads,  wlti 
a  minimum  of  5  cents  tor  any  one  package,  after  the  ej- 
piration  of  the  said  24  hours;  provided,  that  not  more  tha:i 
$5  per  day  be  charged  for  any  one  consignment  not 
excess  of  a  carload. 

Delivery  of  freight  and  loaded  cars.  §  4.  Railroad  ci 
panics  shall  deliver  freight  at  their  depots  or  warehouses, 
or,  in  case  of  shipments  for  track  delivery,  shall  plac  s 
loaded  cars  at  an  accessible  place  for  unloading  within 
24  hours  after  arrival,  computing  from  7  o'clock  a.  n. 
the  day  following  arrival  of  same;  except  that  carloa  1 
shipments  for  track  delivery  at  local  stations  having  no, 
more  than  one  team  track  shall  be  placed  at  an  accessibl  ! 
point  for  unloading  by  the  conductor  of  the  train  on  whicli 
the  car  arrives.  The  shipper  or  consignees  shall  be  paM 
$5  per  car  per  day  for  each  day,  or  fraction  of  a  day  sue  1 
delivery  is  delayed. 

Demurrage.  §  5.  All  carload  freight,  or  freight  carrie  1 
at  carload  rates,  and  all  freight  in  cars  whether  full  car 
loads  or  not,  taking  track  delivery,  shall  be  subject  to  th  • 
demurrage,  or  car  service  charges,  prescribed  in  this  ruU 

Shipper  must  load  within  J/S  hours  except  when  cars  ar  ' 
bunched.  §  6.  A  shipper,  on  whose  order  a  car  or  car  f 
have  been  placed  for  loading,  shall  be  allowed  48  hour ; 
for  the  loading  of  such  car  or  cars,  computing  time  froi  i 
7  o'clock  a.  m.  the  day  after  such  car  or  cars  have  bee:  i 
placed  subject  to  the  order  of  the  shipper;  and  thereafte  ■ 
a  demurrage  charge  of  not  more  than  $5  per  car  per  daj , 
or  fraction  of  a  day,  may  be  assessed  and  collected  on  a  1 
such  cars  as  have  not  been  tendered  to  the  railroad  con  ■ 
pany,  with  shipping  instructions,  within  said  48  hours ; 
provided,  however,  that  should  the  shipper  fail  to  begi  1 
loading  within  48  hours  after  the  expiration  of  free  tim< , 
the  railroad  company  shall  consider  tlie  car  or  cars  r< 
leased  and  may  assess  and  collect  $10  on  each  car,  covei  - 
ing  the  demurrage  then  due;  provided,  that  sucli  dela  ■ 
be  not  caused  by  unavoidable  accident  or  strike,  and  sai  I 
cars  be  at  once  released.  Railroad  companies  shall  net 
be  compelled  to  furnish  cars  for  future  shipments  t ) 
parties  in  default  as  to  the  payment  of  demurrage  charges 
herein  last  provided  for  until  such  demurrage  charge-; 
have  been  paid.  If,  after  placing  the  car  or  cars  n  ■ 
quired  by  this  rule,  the  railroad  company  shall,  during 
or  after  free  time,  temporarily  remove  all  or  any  of  then  . 
or  in  any  way  prevent,  obstruct  or  delay  the  loading  c  f 
same,  the  shipper  shall  not  be  chargeable  with  the  dela. 
caused  thereby.  When,  by  reason  of  delay  or  irregularity 
on  the  part  of  the  railroad  company  in  filling  orders,  c:us 
are  bimched  in  excess  of  the  ability  of  the  shipper  l' 
load  as  indicated  in  his  application,  the  shipper  shafl 
be  allowed  separate  and  distinct  periods  of  free  time  within 
whicli  to  load  the  car  or  cars  specified  in  each  sepan 
application. 

Cars  held  for  want  of  directions.  §  7.  A  car  or  ci 
detained  or  held  at  point  of  shipment  for  want  of  proper 
shipping  instructions,  or  by  reason  of  imperfect  or  ex- 
cessive loading,  where  loading  is  done  by  shipjicr,  shall 
be  subject  to  a  demurrage  charge  of  $5  per  car  per  day, 
or  fraction  of  a  day,  said  car  or  cars  so  detained  or  held. 
In  case  of  imperfect  or  excessive  loading,  the  shipper  shall 


I'uBLio  fcjjiiiViCK  Laws 


aur 


be  notified  thereof  as  early  as  practicable  after  said  car 
or  cars  have  been  received  from  him,  in  which  case  car 
service  charges  shall  begin  at  the  time  of  notification; 
provided,  no  demurrage  charge  shall  be  collected  by  the 
railroad  company  after  said  car  has  been  removed  from 
point  of  shipment,  as  provided  in  this  rule. 

Notice.  §  8.  Legal  notice,  as  referred  to  in  the  rule, 
may  be  either  actual  or  constructive.  Where  the  con- 
signee or  his  agent  is  personally  served  with  the  notice  of 
the  arrival  of  freight  at  orl Jjefore  6  p.  m.  of  any  day, 
free  time  begins  at  7  o'clock  a.  m  on  the  day  after  such 
notice  has  been  given.  Constructive  notice  referred  to 
consists  of  posting  notice  by  mail  to  consignee.  When 
this  mode  of  giving  notice  is  adopted  there  shall  be  48 
hours'  additional  free  time;  provided,  however,  that  when 
in  any  case  where  notice  of  arrival  is  given  by  mail  that 
said  notice  shall  be  by  registered  letter,  that  notice  shall 
date  from  the  receipt  of  said  registered  letter. 

Storage.  §  9.  All  package  freight  unloaded  by  railroad 
companies  in  their  depots  and  warehouses,  and  all  freight 
which,  in  order  to  release  cars,  is  unloaded  in  the  yard 
space  of  a  railroad  company,  which  is  not  removed  by 
the  owner  thereof  from  the  custody  of  the  railroad  com- 
pany within  48  hours,  computing  from  7  o'clock  a.  m. 
of  the  day  following  legal  notice  of  arrival,  may  be 
subject  to  the  charge  of  storage  for  each  day,  or  fraction 
of  a  day,  it  may  remain  in  the  custody  of  the  railroad 
company,  as  follows:  On  less  than  carloads,  not  more 
than  1  per  cent  per  100  pounds  per  day  or  fraction  thereof; 
In  carload  quantities,  not  more  than  10  cents  per  ton  of 
2,000  pounds  per  day  or  fraction  thereof,  but  not  ex- 
ceeding $1  per  car  per  day  or  fraction  of  a  day;  provided, 
that  in  no  case  shall  the  amount  so  collected  for  storage 
of  a  less  tnan  carload  shipment  exceed  the  amount  au- 
thorized to  be  charged  as  storage  on  a  carload  of  similar 
freight  for  the  same  length  of  time  when  not  unloaded 
from  car,  as  provided  by  this  rule. 

Seventy-two  hours  for  unloading  in  certain  cases.  §  10. 
Loaded  cars  containing  fertilizers,  hay,  coal,  coke,  brick, 
sand  and  lumber  in  covered  cars,  and  the  following  cars 
in  bulk:  Meat,  potatoes,  grain  and  grain  products,  cotton- 
seed and  cottonseed  hulls,  taking  track  delivery,  which 
are  to  be  unloaded  by  consignee,  but  are  not  unloaded 
within  72  hours,  computed  from  7  o'clock  a.  m.  the  day 
following  the  day  legal  notice  of  arrival  is  given  (having 
been  placed  at  an  accessible  point  of  unloading)  may  be 
subject  thereafter  to  a  charge  for  demurrage  of  $5  per 
car  for  each  day,  or  fraction  of  a  day,  that  they  may 
remain  loaded  in  possession  of  the  railroad  company. 
All  other  loaded  cars  taking  track  delivery,  to  be  unloaded 
by  consignee,  shall  be  limited  to  48  hours  of  free  time; 
provided,  however,  that  after  placing  a  car  or  cars,  as  re- 
quired by  this  rule,  the  railroad  company  shall,  during 
or  after  free  time,  temporarily  remove  all  or  any  of  them, 
or  in  any  way  obstruct  the  unloading  of  same,  the  con- 
signee shall  not  be  chargeable  with  the  delay  caused 
thereby;,  provided,  that  when,  on  account  of  delay  or  ir- 
regularity in  transportation  cars  are  bunched  in  transit 
and  delivered  to  consignee  in  numbers  beyond  his  reason- 
able ascertained  ability  to  unload  within  the  free  time 
prescribed  in  this  rule,  he  shall  be  allowed  by  the  carrier 
such  additional  time  as  may  be  necessary  to  unload  cars 
so  in  excess  by  the  exercise  of  due  and  usual  diligence 
on  the  part  of  consignee. 

Severe  weather  added  to  free  time.  §  11.  Whenever  the 
weather,  during  the  period  of  tree  time,  is  so  severe,  in- 
clement or  rainy  that  is  it  impossible  or  impracticable  to 
secure  means  of  loading  or  unloading  freight,  or  when, 
from  the  nature  of  the  goods,  loading  or  unloading  would 
cause  injury  or  damage,  such  time  shall  be  added  to  the 
free  period,  and  no  demurrage  charges  shall  be  allowed  for 
such  additional  free  time.  This'  applies  to  the  state  of 
the  weather  during  business  hours. 

Shipper  or  consignee  distant  from  station.  §  12.  A  con- 
signee of  consignor  5  miles  or  more  from  the  depot,  and 
whose  freight  is  destined  to  or  from  his  place  of  business 
or  residence  so  located,  shall  not  be  subject  to  storage 
or  demurrage  charges  allowed  in  this  rule  until  a  sufficient 
time  has  elapsed  after  notice  for  said  consignee  or  con- 
signor to  remove  or  load  said  goods  by  the  exercise  of 
ordinary  diligence.  But  the  time  limit  for  loading  or  un- 
loading shall  not  exceed  five  days. 

Carload    freight    may    be    stored— Rate    limited.      §  13. 


Incoming  carload  freight  coming  under  the  provisions  of 
§§11  and  12  may  be  stored  by  railroad  companies  in  de- 
pots or  warehouses  at  the  expense  of  the  owner,  If  same 
is  not  removed  before  demurrage  charges  attach;  provided, 
that  daily  storage  charge  on  such  freight  shall  not  exceed 
$1  per  car. 

Consignee  refusing  to  accept  freight.  §  14.  If  a  con- 
signee shall  refuse  to  accept  freight  tendered  in  pur- 
suance to  the. bill  of  lading,  the  carrier  charged  with  the 
duty  of  delivery  shall  give  legal  notice  to  the  consignor 
of  such  refusal,  and  if  he  shall  not,  within  three  days 
thereafter,  give  directions  for  reshipment  or  unloading, 
or  other  disposition  of  such  goods,  he  shall  thenceforth 
become  liable  to  such  carrier  for  storage  on  such  goods 
or  demurrage  upon  the  car  or  cars  in  which  they  are 
stored,  to  the  same  extent  and  at  the  same  rates  as  such 
charges  are  now,  under  like  circumstances,  by  this  rule 
imposed  upon  consignees  who  neglect  or  refuse,  after 
notice  of  arrival,  to  remove  freight  of  like  character  from 
the  depots  or  cars  of  carriers.  A  consignee  who  has  once 
refused  to  accept  a  consignment  of  goods  shall  not  there- 
after be  entitled  to  receive  the  same,  except  upon  payment 
of  all  charges  for  storage  or  demurrage  which  have  ac- 
crued, and  if  the  consignee  of  freight  in  carloads  or  less 
than  carloads,  shall  fail  or  neglect  to  remove  such  freight 
within  three  days  after  the  expiration  of  free  time,  then 
the  carrier  shall,  through  the  agent  at  point  of  shipment, 
so  notify  the  shipper,  unless  the  consignee  has  signified 
his  acceptance  of  the  property.  Said  notice  either  be 
served    personally    or    given    by    mail. 

Shipper's  directions  as  to  notice.  §  15.  When  consignors 
ship  goods- consigned  to  order,  but  express  in  their  bills 
of  lading  or  shipping  directions  the  name  of  a  person  at 
destination  to  notify,  it  shall  be  the  duty  of  the  railroad 
company  to  give  legal  notice  to  such  party  in  the  same 
way,  and  under  the  same  rule,  as  if  the  shipment  had 
been  made  direct  to  him.  But  when  consignors  do  not 
comply  with  this  condition,  the  railroad  company  shall 
give  such  notice  only  to  such  consignors;  provided,  that 
at  the  expiration  of  free  time  the  carrier  shall  give  notice 
thereof  to  the  consignor. 

Discrimination  prohibited.  §  16.  No  railroad  company, 
its  ofiicers  or  agents,  shall  be  allowed  to  discriminate  be- 
tween person  or  persons,  firms  or  corporations,  or  places, 
in  storage,  demurrage  charges,  furnishing  cars,  or  trans- 
portation and  delivery  of  freights.  No  pooling,  rebate, 
drawback  or  any  similar  device,  either  direct  or  indirect, 
shall  be  allowed  in  this  State.  Provided,  nothing  in  this 
rule  shall  be  so  construed  as  to  prohibit  any  person  or 
corporation  operating  a  railroad  in  this  State  from  trans- 
porting, delivering  or  storing  freight  free  of  charge,  or 
at  reduced  rates  for  any  city,  county  or  town  government, 
or  for  any  State,  or  the  United  States,  or  any  property 
for  schools,  churches,  hospitals,  fairs,  exhibitions,  eleemosy- 
nary and  charitable  institutions,  or  indigent  persons,  or 
employes  of  such  corporation  for  their  own  personal  use. 

Connecting  lines  to  furnish  facilities.  §  17.  Every  per- 
son, company  or  corporation  operating  any  railroad  in 
this  State  which  connects  with  any  other  railroad  in  this 
State,  and  which  forms  a  part  of  a  continuous  line  of  rail- 
way communication  to  any  point  within  this  State,  such 
companies  and  corporations,  respectively,  shall  afford  all 
due  and  reasonable  facilities  for  receiving  and  forward- 
ing by  one  of  such  railroads,  all  the  traffic  arising  by  the 
other,  and  shall  promptly  forward  the  same  at  through 
rates,  without  giving  any  undue  preference  or  advantage 
to  or  in  favor  of  any  particular  person  or  company,  or 
any  particular  description  of  traffic  in  any  respect  whatso- 
ever, but  preference  shall  be  given  to  live  stock  and  per- 
ishable freight;  said  connecting  lines  shall  as  fully  com- 
ply with  the  provisions  of  this  rule  as  if  they  were  the 
original  receivers  of  said  freight  or  traflic  to  be  shipped  or 
transported  over  their  own  lines,  and  said  connecting  rail- 
roads that  receive  a  car  or  cars  from  a  connecting  rail- 
road in  this  State  for  transportation  wholly  in  this  State, 
shall  return  said  car  or  cars,  or  cars  of  like  character, 
on  demand,  in  a  reasonable  time  after  such  car  or  cars 
are  delivered  to  consignee. 

Rules  apply  to  interstate  carriers.  §17  (continued). 
Interstate  railroads  shall  furnish  cars  on  application  for 
interstate  shipments  the  same  in  all  respects  as  other  cars 
are  to  be  furnished  by  intrastate  railroads  under  the  pro- 
visions of  this  rule. 


308 


Xatioxal  Association  of  Railway  Cojimissiuxkrs 


"Railroad  company"  defined.  §  18.  The  term  railroad 
company,  railroad  companies  or  carrier  contained  in  this 
rules  shall  be  deemed  and  taken  to  mean  all  corporations, 
companies  or  individuals  now  owning,  or  which  may  here- 
after own  or  operate,  any  railroad  in  this  State,  whether 
as  owner,  contractor,  lessee,  mortgagee,  trustee,  assignee 
or  receiver,  and  their  officers  and  agents. 

Little  Rock,  Ark.,  May  8,  1907. 
Mr.  W.  E.  Floyd,  the  secretary,  writes  that  Order  346 
of  the  commission,  which  i)recedes,  is  substantially  a 
reissue  of  the  first  18  sections  of  the  Reciprocal  Demur- 
rage Law  passed  by  the  general  assembly  of  Arkansas  in 
1907.    The  remaining  sections  of  said  law  follow: 

Forfeitures — How  recovered.  §  19.  All  forfeitures, 
charges  and  demurrages  that  accrue  to  either  shipper  or 
railroad  company  under  this  Act  may  be  recovered  in  any 
court  having  jurisdiction. 

Penalty  for  demanding  or  giving  extra  pay.  §  20.  Any 
railroad  employe  who  shall  demand  or  receive  from  any 
shipper  extra  pay,  over  and  above  the  legal  freight  rate, 
for  placing  or  furnishing  a  car  or  cars  for  the  shipment 
of  freight,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  any  sum  not  less  than  ?100 
nor  more  than  $200,  and  each  car  so  placed  or  furnished 
shall  be  deemed  a  separate  offense,  and  any  shipper  or 
other  person  who  shall  give  or  offer  to  give  any  such  extra 
pay  to  any  such  employe  shall  be  guilty  of  a  misdemeanor 
and  shall  be  fined  in  any  sum  not  less  than  $100  nor  more 
than  $200. 

Dam,ages.  §  21.  In  all  actions  at  law  against  any  rail- 
road company,  its  assignees,  lessees  or  other  person  or 
persons  owning  and  operating  any  railroad  in  this  State, 
or  partly  in  this  State,  for  the  violation  of  the  provisions 
of  this  Act- regulating  the  transportation  of  freight,  or  in 
case  any  person  or  corporation  as  defined  in  this  Act  en- 
gaged as  aforesaid,  shall  not  do  or  permit  to  be  done  any 
act,  matter  or  thing  in  this  Act  required  to  be  done,  such 
person  or  corporation  shall  be  held  to  pay  to  the  person, 
firm  or  corporation  injured  thereby,  the  actual  amount  of 
damages  so  sustained,  to  be  recovered  by  the  person,  firm 
or  corporation  so  damaged,  in  any  court  having  jurisdic- 
tion of  the  amount,  where  the  person  or  corporation  caus- 
mg  the  damage  can  be  found,  or  has  an  agent  or  place  of 
business.  No  action  aforesaid  shall  be  sustained  unless 
brought  within  one  year  after  the  cause  of  action  ac- 
crued, or  within  one  year  after  the  party  complaining  shall 
have  come  to  the  knowledge  of  his  or  her  right  of  action. 
Provided,  that  no  action  shall  be  brought  after  two  wears 
from  time  right  of  action  accrues,  and  as  many  causes  of 
action  as  may  have  accrued  within  the  year  to  any  one 
person,  firm  or  corporation,  including  damages,  forfeitures, 
demurrages,  etc.,  may  be  joined  in  the  suit  or  complaint. 

Penalty  $300  to  $3,000  for  each  violation.  §  22.  If  any 
person  or  corporation  operating  a  railroad  in  this  State 
for  the  transportation  of  freight,  or  any  receiver,  trustee 
or  lessee  of  any  such  person  or  corporation  as  aforesaid 
or  any  other  person  or  corporation  as  defined  in  this  Act 
its  employes  or  agents,  shall  violate  any  of  the  provisions 
of  this  Act,  or  aid  or  abet  therein,  or  shall  violate  the  tariff 
of  charges,  or  the  rules  of  the  railroad' commission,  as  fixed 
by  said  commission,  regarding  railroad  companies  in  fur- 
nishing cars  on  application  of  shipper,  transportation,  de- 
livery and  storage  of  freight;  forbidding  pooling,  discrim- 
ination, rebate,  drawback,  or  other  similar  device  either 
direct  or  indirect,  or  any  of  the  rules  made  by  said  com- 
mission based  upon  this  Act,  and  for  which  there  is  no 
other  penalty  prescribed  in  this  Act,  such  person  or  cor- 
poration, or  receiver,  trustee,  lessee  or  an.ir  person  or  cor- 
poration as  defined  in  this  Act,  shall  be  liable  to  a  penalty 
of  not  less  than  $500  nor  more  than  $3,000  for  each  vio- 
lation of  this  Act,  or  such  rules  and  regulations  of  said 
commission  based  upon  this  Act,  and  such  penalty  may 
be  recovered  by  an  action  to  be  brought  in  the  name  of 
the  State  of  Arkansas,  in  the  county  in  which  such  vio- 
lation may  occur.  The  commission  shall  institute  such 
action,  or  actions,  for  the  recovery  of  the  penalties  pre- 
scribed in  this  Act  through  the  prosecuting  attorney  of 
the  proper  district,  and  no  such  suit  shall  be  dismissed 
or  compromised  without  the  consent  of  the  court  and 
said  commissioners;  and  the  prosecuting  attorney  shall 
be  allowed  a  fee  by  the  court  not  to  exceed  25  per 
cent  of  the  amount  collected,  and  if  any  prosecuting  attor- 
ney  neglect   for  15  days  after  notice  to  bring  suit,  the 


1 

«»v-  J 


commission  shall  employ  some  other  competent  attorney- 
at-law  to  bring  the  same,  who  shall  be  allowed  a  fee  thera 
for  to  be  fixed  by  the  court,  not  to  exceed  25  per  cent  of 
the  amount  collected,  and  in  such  case  the  prosecuting 
attorney  shall  not  interfere. 

Remedy  cumulative.  §  22  (continued).  Nothing  in  this 
section  shall  be  so  construed  as  to  in  any  manner  inter- 
fere with  the  action  for  damages  as  provided  in  §  21  of 
this  Act. 

Commission  to  make  rules.  §  23.  The  railroad  com- 
mission shall  formulate  rules  for  the  furnishing  of  cars  by 
railroad  companies  to  shippers,  transportation  and  deliv- 
ery of  freight  and  other  requirements  in  compliance  with 
this  Act,  within  30  days  after  its  passage  and  publish  said 
rules  at  length  once  a  week  for  four  consecutive  weeks  in 
one  of  the  newspapers  of  general  circulation  published  in 
the  city  of  Little  Rock,  within  60  days  after  its  passage. 

Remedies  cumulative.  §  24.  The  remedies  hereby 
given  shall  be  regarded  as  cumulative  and  this  Act  shall 
not  be  construed  as  repealing  any  statute  giving  such 
remedies. 

When  in  effect.     §  25.     This  Act  shall  take  effect  and 
in  force  60  days  after  its  passage. 

Approved  April  19,  1907. 

EXPRESS  OFFICES. 

Be  it   enacted   by   the  general  assembly   of   the   State] 
Arkansas: 

Express  companies  required  to  establish  offices. 
That  all  corporations  doing  an  express  business  in 
State  of  Arkansas  are  hereby  required  to  establish  and 
maintain  an  ofiice  in  all  cities  of  the  first  class  in  the  Stat  e 
of  Arkansas,  for  the  purpose  of  receiving  shipments  to  te 
made  by  express,  and  to  receive  and  deliver  all  package  s 
carried  or  sent  by  express  to  said  cities.  Such  express 
offices  shall  be  open  for  business  in  said  cities  at  all  re.^ 
sonable  times  and  hours. 

Railroad  commission  to  fix  free  delivery  limits. 
That  the  railroad  commission  of  the  State  of  Arkansas 
hereby  authorized  and  directed  to  define  the  limits  i  i 
said  cities  in  which  such  express  companies  shall  mah  J 
free  delivery  of  all  express  packages  received  by  them. 

Penalty.     §   3.     That  any  express  company  refusing  i  o 
establish  and  maintain  the  offices  and  refusing  to  delivf  r 
free  any  express  packages   received   by   them   within  tl  e  ■ 
limits  fixed  by  the  railroad  commission  shall  be  guilty  i  f  ^ 
a  misdemeanor  tor  sucli  failure  or  refusal  to  comply  wil  ii  ■ 
the  terms  of  this  Act  or  the  orders  of  the  railroad  cor  i- 
mission,  and  shall  be  fined  in  any  sum  not  exceeding  $1(  0 
for  each  offense,  and  each  day  that  said  company  refusi  s  i 
to  establish  and  maintain  said  ofiices  and  each  refusal  •  o  • 
deliver  within  the  territory  fixed  by  the  railroad  commi  > 
sion  shall  be  a  separate  offense. 

When  in  effect.     §  4.     That,  whereas,  the  public  peac  i, , 
health  and  safety  make  it  necessary  that  this  Act  becon  e  '. 
immediately  effective,  the  same  shall  be  in  force  and  effe  t 
from  and  after  30  days  from  its  passage. 

Repeal.    §  5.    That  all  laws  and  parts  of  laws  in  confli  :t 
herewith  with  this  Act  be  and   the  same  are  hereby  ap- 
pealed and   this  Act,   being  necessary  for  the   immedia  e 
preservation  of  the  public  peace,  safety,  etc.,  in  force  aid  1 
take  effect  30  days  after  its  passage. 

Approved  May  30,  1911. 


ii 


Be 


TRACK   INSPECTION. 
hy   the   general   assembly   of   the   State 


etc. — May  or 
1.     The  railro  id" 


it  enacted 
Arkansas: 
Commission  to  inspect  track,  bridges, 
repairs — Reduce  speed  of  trains,  etc.  § 
commission  of  Arkansas  shall,  as  often  as  they  deem  it 
necessary,  carefully  examine  the  condition  of  the  seveial 
railroads  of  this  State;  and  it  shall  be  the  duty  of  t  le 
said  railroad  commissioners,  whenever  they  have  reasi  n- 
able  grounds  to  believe,  either  on  complaint  or  otherwise, 
that  any  of  the  tracks,  bridges  or  other  structures  of  any 
railroads  in  this  State  are  in  a  condition  which  renders 
any  of  them  dangerous  or  unfit  for  the  transportation  of 
passengers  with  reasonable  safety,  to  inspect  and  examine 
the  same;  and  if  on  such  examination,  in  their  opinion 
or  in  the  opinion  of  a  majority  of  them,  any  such  tracks, 
bridges  or  other  structures  or  works  are  unfit  for  the  trans- 


Public  Service  Laws 


309 


portation  of  passengers  with  reasonable  safety,  it  shall  be 
their  duty  to  give  to  the  superintendent  or  other  executive 
officer  of  the  company  working  or  operating  said  defective 
tracks,  bridges  or  other  structures,  notice  of  the  condition 
thereof,  and  of  the  repairs  necessary  to  place  same  in  safe 
condition;  and  may  also  order  and  direct  the  speed  of 
trains  over  such  dangerous  and  defective  tracks,  bridges 
or  other  structures,  until  said  repairs  are  made,  and  the 
time  within  which  the  repair^  shall  be  made  by  the  com- 
pany; and  if  any  such  superintendent  or  executive  officer 
aforesaid,  receiving  such  notice  and  order,  shall  wilfully 
neglect,  for  the  period  of  two  days  after  receiving  such 
notice  and  order,  to  direct  the  proper  subordinate  officers 
to  move  the  passenger  trains  over  such  defective  tracks, 
bridge  or  other  structure,  at  the  speed  prescribed  by  the 
commissioners,  or  if  any  engineer,  conductor  or  other  em- 
ploye of  such  company  shall  disobey  such  order  of  super- 
intendent or  officer  whose  duty  it  is  to  issue  said  order, 
every  such  superintendent,  conductor,  engineer  or  other 
employe  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  fined  in  any  sum  not  exceed- 
ing $500,  or  be  imprisoned  in  the  county  jail  of  the  proper 
county  for  a  period  not  exceeding  one  year,  or  both,  at  the 
discretion  of  the  court,  and  in  case  the  disregard  of  the 
Instructions  of  the  commissioners  shall  cause  any  acci- 
dent whereby  human  life  shall  be  lost  or  passengers 
maimed  or  wounded,  the  said  superintendent  of  the  said 
company  and  the  engineer  and  conductor  in  charge  of  such 
train  shall  severally  be  deemed  guilty  of  a  felony,  and  on 
conviction  thereof  shall  be  imprisoned  in  the  penitentiary 
for  a  period  of  not  less  than  two  nor  more  than  10  years, 
and  the  commissioners  shall  have  power  to  wholly  stop 
the  running  of  passenger  trains  over  such  defective  track, 
bridge  or  other  structure;  and  they  are  hereby  required, 
in  case  any  company  fails  to  repair  such  track,  bridge  or 
other  structure  within  the  time  required,  to  give  notice  of 
such  fact  in  some  newspaper  having  a  general  circula- 
tion along  the  line  of  said  railroad,  to  the  traveling  public. 
And,  furthermore,  said  commissioners  may  recover  from 
said  railroad  company  the  sum  of  $1,000  for  each  day  that 
expires  after  the  time  fixed  by  the  commissioners  for  the 
repair  of  such  defective  track,  bridge  or  other  structure, 
for  such  neglect  to  repair  the  same,  unless  good  and  suffi- 
cient cause  can  be  shown  for  such  failure  to  repair  such 
defective  track,  bridge  or  other  structure,  to  be  recovered 
before  any  court  having  competent  jurisdiction,  for  the  use 
and  benefit  of  the  State  of  Arkansas,  after  paying  the 
costs  of  the  advertisement  herein  provided  for. 

Remedy  cumulative.  §  2.  The  provisions  of  this  Act 
shall  be  regarded  as  cumulative,  and  nothing  herein  shall 
be  so  construed  as  to  repeal  any  other  Act  now  in  force, 
nor  to  in  any  way  curtail  or  limit  the  powers  and  duties 
of  the  railroad  commission  of  Arkansas. 

§  3.  That  this  Act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  23,  1909. 

TRAIN    SERVICE. 

Be  it   enacted   hy   the  general  assembly   of   the  State  of 
Arkansas: 

Commission  to  hear  petitions  as  to  train  service,  etc. 
I  1.  The  railroad  commission  of  Arkansas  be,  and  the 
same  Is  hereby,  authorized,  empowered  and  required  to 
hear  and  consider  all  petitions  for  train  service,  depots, 
stations,  spurs,  side  tracks,  platforms,  and  the  establish- 
ment, enlargement,  equipment  and  discontinuance  of  the 
same  along  and  upon  the  right  of  way  of  any  railroad  In 
this  State;  provided,  said  petition  shall  be  signed  by  at 
least  15  bona  fide  citizens  residing  In  the  territory  sought 
to  be  affected  by  said  petitioners. 

To  make  personal  inspection.  §  2.  The  said  railroad 
commission  shall  within  30  days  after  the  filing  of  such 
said  petitions  proceed  to  make  a  personal  inspection  of 
the  conditions  complained  of  and  investigate  the  objects 
Bought  to  be  accomplished  by  such  said  petitioners  and 
shall  have  the  right  and  power  to  summon  and  swear  wit- 
nesses, which  summons  shall  be  served  by  any  sheriff,  con- 
stable or  deputy  having  legal  jurisdiction;  whereupon  the 
said  railroad  commission  shall  determine  the  amount,  de- 
gree and  character  of  construction,  equipment,  changes, 
enlargements,  of  stations  and  depots,  which  should  be 
supplied  by  such  railroad,  railroad  company.  Its  lessee  or 
operator,  and  shall  have  the  power  and  authority  to  re- 
quire a  reasonable  train  service  for  each  and  every  such 


railroad  station  and  depot  within  the  State  of  Arkansas, 
and  their  finding  shall  be  binding  upon  all  such  railroads 
within  the  State  of  Arkansas. 

To  make  and  file  findings  and  decree.  %  3.  The  said 
railroad  commission  shall  file  a  copy  of  their  findings  and 
decrees  with  the  secretary  of  State,  the  attorney-general, 
the  circuit  clerk  of  the  county  wherein  such  decree  Is 
granted,  and  shall  serve  notice  upon  the  defendant  rail- 
road company  by  delivering  a  copy  of  its  findings  and 
decrees  to  the  nearest  local  station  agent  and  by  sending 
by  registered  mail  a  copy  to  the  superintendent,  general 
manager,  lessee  or  operator,  of  such  railroad  or  railroad 
company. 

Penalty  for  violating  decree.  §  4.  Any  railroad,  rail- 
road company,  lessee  or  operator  of  the  same,  which  shall 
fail  or  refuse  to  comply  with  the  findings,  decrees  and 
mandates  of  said  railroad  commission  within  the  time 
specified  therein,  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  proceeded  against  by  the  district  prosecuting 
attorney  in  any  court  having  competent  jurisdiction,  and 
upon  conviction  shall  be  fined  in  any  sum  not  less  than 
$25  nor  more  than  $100,  and  every  day  of  such  violation, 
refusal,  failure  or  neglect  shall  constitute  a  separate 
offense.  Provided,  no  order  for  doing  anything  herein 
above  provided  shall  be  made  by  such  commission  until 
all  parties  concerned  shall  receive  10  days'  notice  of  such 
proposed  change. 

Remedy  cumulative.  §  5.  Nothing  in  this  Act  shall  be 
so  construed  as  to  amend  or  repeal  any  other  Act  now  in 
force,  nor  to  curtail  or  limit  the  powers  and  duties  of  the 
railroad  commission  of  the  State  of  Arkansas. 

When  in  effect.     §  6.    That  this  Act  take  effect  and  be 
in  force  from  and  after  June  1,  1907. 
Approved  April  5,  1907. 

JOINT  BATES. 

Be  it   enacted   hy  the  general  assemUy   of  the  State   of 
Arkansas: 

Rates  over  connecting  lines  under  same  management. 
§  1.  Where  In  this  State  two  or  more  connecting  lines  of 
railroad  are  operated  by,  or  under,  one  management  or 
company,  or  where  the  majority  of  the  stock  of  each  of  two 
or  more  railroad  companies,  whose  tracks  connect,  is 
owned  or  controlled,  either  directly  or  indirectly,  by  any 
one  of  such  companies,  the  lines  of  railroad  of  all  such 
companies  shall,  in  respect  to  the  application  and  making 
of  rates,  within  the  meaning  and  intent  of  this  Act,  be 
considered  as  constituting  but  one  and  the  same  railroad, 
and  rates  for  the  carriage  of  freight  or  passengers  over 
such  railroads,  or  any  portion  thereof,  shall  be  computed 
upon  a  continuous  mileage  basis,  the  same  as  upon  the 
line  of  a  single  railroad  company,  whether  such  railroads 
have  separate  boards  of  directors  or  not;  provided,  that 
the  railroad  commission  shall  have  power  to  fix  different 
rates  for  different  lines,  bearing  the  relation  to  each  other 
described  in  this  section,  whenever  It  finds  such  action 
necessary  to  do  justice. 

Commission  to  investigate  through  rates.  |  2.  The 
said  commission  shall  have  power,  and  it  Is  hereby  made 
its  duty,  to  investigate  all  through  freight  rates  and  regu- 
lations on  railroads -In  Arkansas;  and  when  the  same  are, 
in  the  opinion  of  the  commission,  excessive  or  levied  In 
violation  of  the  interstate  commerce  law,  or  the  rules 
and  regulations  of  the  Interstate  Commerce  Commission, 
the  officials  of  the  railroads  are  to  be  notified  of  the  facts 
and  requested  to  reduce  them  or  make  the  proper  correc- 
tion as  the  case  may  be.  When  the  rates  are  not  changed 
or  the  proper  corrections  are  not  made,  according  to  the 
request  of  the  commission,  the  latter  is  instructed  to  no- 
tify the  Interstate  Commerce  Commission,  and  to  apply 
to  it  for  relief. 

Commission  to  make  rules.  §  3.  Said  commission  shall 
make  such  rules  and  regulations  to  be  observed  by  all  per- 
sons or  corporations  operating  any  railroad  or  engaged  in 
transporting  property  as  express  or  freight  in  this  State, 
In  respect  to  the  receiving,  hauling,  transporting,  storing 
and  delivering  of  freight  and  express  as,  in  their  judgment, 
the  public  convenience  may  require. 

Commission  to  fix  rates.  §  4.  The  said  commission  is 
authorized,  and  It  is  hereby  made  its  duty,  to  adopt, 
change  or  make  reasonable  and  just  rates,  charges  and 
regulations    to    govern    and    regulate    sleeping-car    tariffs 


310 


Nationai,  Association  of  Eailwat  Commissioners 


dis- 


and  service;    to  correct  abuses  and   prevent  unjust 
criminations  and  extortions  in  the  rates  for  same. 

Attorney-general  to  represent  the  commission.  §  5.  In 
all  litigation  in  whicli  tlie  commission  is  now  involved,  or 
In  which  they  may  hereafter  become  involved,  they  shall 
receive  upon  application,  the  service  of  the  attorney-gen- 
eral of  this  State,  and  he  shall  also  represent  them  when- 
ever called  upon  ti  do  so,  before  the  Interstate  Commerce 
Commission. 

Commission  to  enforce  latcs.  §  6.  It  is  hereby  made  the 
duty  of  the  commission,  on  complaint,  to  enforce  by  neces- 
sary order  or  orders,  any  or  all  laws  of  this  State  per- 
taining to  railroads  and  express  companies. 

Penalty.  §  7.  That  if  any  person  or  corporation  operat- 
ing a  railroad  or  express  company  in  this  State,  or  any 
receiver,  trustee  or  lessee  of  any  such  person  or  corpora- 
tion as  aforesaid,  shall  violate  any  of  the  provisions  of 
this  Act,  or  aid  or  abet  therein,  or  shall  violate  the  tarifi 
or  charges  as  fixed  by  said  commission,  or  any  of  the  rules 
regarding  railroads  or  express  companies  as  made  by  said 
commission,  and  for  which  there  is  no  other  penalty  pre- 
scribed in  this  Act,  such  person  or  corporation  or  receiver, 
trustee  or  lessee,  shall  be  liable  to  a  penalty  not  less 
than  $500  nor  more  than  |3,000,  for  each  violation  of  the 
Act  or  such  tariff  of  charges  or  rules  and  regulations,  and 
such  penalty  may  be  recovered  by  an  action  to  be  brought 


I 


in  the  name  of  the  State  of  Arkansas  in  the  county 
which  such  violation  may  occur.  The  commission  shall 
institute  such  action  and  actions  for  the  recovery  of 
penalties  prescribed  in  this  Act  through  the  prosecuting 
attorney  of  the  proper  district,  and  no  such  suit  shall  be 
dismissed  or  compromised  without  the  consent  of  the  court 
and  of  said  commissioners,  and  the  prosecuting  attorney 
shall  be  allowed  a  fee  by  the  court  not  to  exceed  25  per 
cent  of  the  amount  collected,  and  it  any  prosecuting  attor- 
ney shall  neglect  for  15  days  after  notice  to  bring  suit, 
the  commission  may  employ  some  other  attorney-at-law  to 
bring  the  same,  who  shall  be  allowed  a  fee  therefor  to  be 
fixed  by  the  court  not  to  exceed  25  per  cent  of  the  amount 
collected.  In  such  case  the  prosecuting  attorney  shall  not 
interfere;  provided,  that  in  all  trials  of  cases  brought  for 
violation  of  any  tariff  charges  by  said  commission,  it  may 
be  shown  in  evidence  that  such  tariff  so  fixed  was  unjust. 
Nothing  in  this  section  shall  be  so  construed  as  to  in  any 
manner  interfere  with  any  action  for  damages  which  may 
be  provided  by  law. 

Remedy  cumulative.  §  8.  Nothing  in  this  Act  shall  be 
so  construed  as  to  amend  or  repeal  any  other  Act  now  ia 
force,  nor  to  curtail  or  limit  the  powers  and  duties  of  the 
railroad  commission  of  the  State  of  Arkansas. 

When  in  effect.  §  9.  This  Act  shall  be  in  force  ani 
effect  from  and  after  the  date  of  its  passage  and  approval. 

Approved  May  28,  1907. 


PUBLIC  SERVICE  LAWS  OF  CALIFORNIA 


CONSTITUTIONAL  PROVISIONS. 

(Statutes  and  Amendments  to  the  Codes  California,  1911, 

Page  17.) 

ARTICLE  I.     DECLARATION  OP  RIGHTS. 

§  14.  Private  property  shall  not  be  taken  or  damaged 
for  public  use  without  just  compensation  having  been  first 
made  to,  or  paid  into  court  for,  the  owner,  and  no  right  of 
way  shall  be  appropriated  to  the  use  of  any  corporation 
other  than  municipal  until  full  compensation  therefor  be 
first  made  in  money  or  ascertained  and  paid  into  court  for 
the  owner,  irrespective  of  any  benefit  from  any  improve- 
ment proposed  by  such  corporation,  which  compensation 
shall  be  ascertained  by  a  jury,  unless  a  jury  be  waived,  as 
in  other  civil  cases  in  a  court  of  record,  as  shall  be  pre- 
scribed by  law. 

§  21.  No  special  privileges  or  immunities  shall  ever  be 
granted  which  may  not  be  altered,  revoked,  or  repealed  by 
the  legislature,  nor  shall  any  citizen,  or  class  of  citizens, 
be  granted  privileges  or  immunities  which,  upon  the  same 
terms,  shall  not  be  granted  to  all  citizens. 

§  22.  The  provisions  of  this  constitution  are  mandatory 
and  prohibitory,  unless  by  express  words  they  are  declared 
to  be  otherwise. 

ARTICLE  IV.     LEGISLATIVE  DEPARTMENT. 

§  25.  The  legislature  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say: 

19.  Granting  to  any  corporation,  association  or  individ- 
ual any  special  or  exclusive  right,  privilege,  or  immunity. 

25.    Chartering  or  licensing  ferries,  bridges,  or  roads. 

§  33.  The  legislature  shall  pass  laws  for  the  regulation 
and  limitation  of  the  charges  for  services  performed  and 
commodities  furnished  by  telegraph  and  gas  corporations, 
and  the  charges  by  corporations  or  individuals  for  storage 
and  wharfage,  in  which  there  is  a  public  use;  and  where 
laws  shall  provide  for  the  selection  of  any  person  or  officer 
to  regulate  and  limit  such  rates,  no  such  person  or  officer 
shall  be  selected  by  any  corporation  or  individual  interested 
in  the  business  to  be  regulated,  and  no  person  shall  be 
selected  who  is  an  officer  or  stockholder  in  any  such  cor- 
poration. 

ARTICLE  XII.    CORPORATIONS. 

§  3.  Each  stockholder  of  a  corporation,  or  joint-stock 
association,  shall  be  individually  and  personally  liable  for 
such  proportion  of  all  its  debts  and  liabilities  contracted  or 
Incurred,  during  the  time  he  was  a  stockholder,  as  the 
amount  of  stock  or  shares  owned  by  him  bears  to  the  whole 
of  the  subscribed  capital  stock,  or  shares  of  the  corporation 


or  association.  The  directors  or  trustees  of  corporation  j 
and  joint-stock  associations  shall  be  jointly  and  severall ' 
liable  to  the  creditors  and  stockholders  for  all  moneys  en  • 
bezzled  or  misappropriated  by  the  officers  of  such  corpori  - 
tion  or  joint-stock  association,  during  the  term  of  office  cf 
such  director  or  trustee. 

Nothing  in  the  preceding  paragraph  of  this  section  sha  1 
be  held  to  apply  to  any  exposition  company  organized  t  > 
promote  and  carry  on  any  international  exposition  o:" 
world's  fair  within  the  State  of  California,  and  the  liabillt ' 
of  stockholders  in  any  such  exposition  company  shall  b  -> 
and  the  same  is  hereby  limited  to  an  amount  not  exceedln ; 
the  par  value  of  the  stock  of  said  corporation  subscribe  I 
for  by  such  stockholders. 

§7.  The  legislature  shall  not  extend  any  franchise  cc" 
charter,  nor  remit  the  forfeiture  of  any  franchise  or  cha'  -  i 
ter  of  any  quasi-public  corporation  now  existing  or  whic  i 
shall  hereafter  exist  under  the  laws  of  this  State.  Th  i 
term  of  existence  of  any  other  corporation  now  or  hereaftt  r 
existing  under  the  laws  of  this  State,  may  be  extended,  i  t 
any  time  prior  to  the  expiration  of  its  corporate  existenc  , 
for  a  period  not  exceeding  fifty  years  from  the  date  of  sue  i 
extension,  by  the  vote  or  written  consent  of  stockholdeia  , 
representing  two-thirds  of  its  capital  stock  or  of  two-thircs 
of  the  members  thereof.  A  certificate  of  such  vote  or  con 
sent  shall  be  signed  and  sworn  to  by  the  president  an  J 
secretary,  and  by  a  majority  of  the  directors  of  the  co  - 
poration  and  filed  and  certified  in  the  manner  and  upoa 
payment  of  fees  required  by  law  for  filing  and  certifying 
articles  of  incorporation,  and  thereupon  the  term  of  tie 
corporation  shall  be  extended  for  the  period  specified  ia 
such  certificate,  and  such  corporation  shall  thereafter  pay 
all  annual  or  other  fees  required  by  law  to  be  paid  by  co.'- 
porations.     (Amendment  adopted  November  3,  1908.) 

Common  carriers  suhject  to  State  control.  §  17.  All 
railroad,  canal  and  other  transportation  companies  aie 
declared  to  be  common  carriers,  and  subject  to  legisla- 
tive control.  Any  association  or  corporation,  organized 
for  the  purpose,  under  the  laws  of  this  State,  shall  haie 
the  right  to  connect  at  the  State  line  with  railroads 
of  other  States.  Every  railroad  company  shall  ha\e 
the  right  with  Its  road  to  intersect,  connect  with,  or 
cross  any  other  railroad,  and  shall  receive  and  transport 
each  of  the  other's  passengers,  tonnage  and  cars,  with- 
out delay  or  discrimination. 

Railroad  officials  and  employes  must  6e  disinterested, 
i  18.  No  president,  director,  officer,  agent  or  employe  of 
any  railroad  or  canal  company  shall  be  Interested,  directly 
or  indirectly,  in  the  furnishing  of  material  or  supplies  to 


Public  Sekvice  Laws 


311 


such  company,  nor  in  the  business  of  transportation  as  a 
common  carrier  of  freight  or  passengers  over  the  works 
owned,  leased,  controlled  or  worked  by  such  company,  ex- 
cept such  interest  in  the  business  of  transportation  as  law- 
fully  flows  from  the   ownership  of   stock   therein. 

Gift  and  acceptance  of  free  passes  forbidden.  §  19.  No 
railroad  or  other  transportation  company  shall  grant 
free  passes,  or  passes  or  tickets  at  a  discount,  to  any 
person  holding  any  office  ,of  honor,  trust  or  profit  in 
this  State;  and  the  acceptajice  of  any  such  pass  or 
ticket  by  a  member  of  the  legislature  or  any  public 
officer,  other  than  railroad  commissioner,  shall  work  a 
forfeiture   of  his  office. 

Increase  of  rates  forbidden,  f  20.  [As  amended  Octo- 
ber 10,  1911. J  No  railroad  or  other  transportaton  company 
shall  raise  any  rate  of  charge  for  the  transportation  of 
freight  or  passengers  or  any  charge  connected  therewith 
or  incidental  thereto,  under  any  circumstances  whatsoever, 
except  upon  a  showing  before  the  railroad  commission  pro- 
vided for  in  this  constitution,  that  such  increase  is  justified, 
and  the  decision  of  the  said  commission  upon  the  showing 
so  made  shall  not  be  subject  to  review  by  any  court  except 
upon  the  question  whether  such  decision  of  the  commission 
will  result  in  confiscation  of  property. 

Discrimination.  §  21.  [As  amended  October  10,  1911. J 
No  discrimination  in  charges  or  facilities  for  transportation 
shall  be  made  by  any  railroad  or  other  transportation  com- 
pany between  places  or  persons,  or  in  the  facilities  for  the 
transportation  of  the  same  classes  of  freight  or  passengers 
within  this  State.  It  shall  be  unlawful  for  any  railroad  or 
other  transportation  company  to  charge  or  receive  any 
greater  compensation  in  the  aggregate  for  the  transporta- 
tion of  passengers  or  of  like  kind  of  property  for  a  shorter 
than  for  a  longer  distance  over  the  same  line  or  route  In 
the  same  direction,  the  shorter  being  included  within  the 
longer  distance,  or  to  charge  any  greater  compensation  as 
a  through  rate  than  the  aggregate  of  the  intermediate  rates. 

Provided,  however,  that  upon  application  to  the  railroad 
commission  provided  for  in  this  constitution  such  company 
may,  in  special  cases,  after  investigation,  be  authorized  by 
such  commission  to  charge  less  for  longer  than  for  shorter 
distances  for  the  transportation  of  persons  or  property,  and 
the  railroad  commission  may  from  time  to  time  prescribe 
the  extent  to  which  such  company  may  be  relieved  from  the 
prohibition  to  charge  less  for  the  longer  than  for  thr. 
shorter  haul.  The  railroad  commission  shall  have  power 
to  authorize  the  issuance  of  excursion  and  commutation 
tickets  at  special  rates. 

Nothing  herein  contained  shall  be  construed  to  prevent 
the  railroad  commission  from  ordering  and  compelling  anj' 
railroad  or  other  transportation  company  to  make  repara- 
tion to  any  shipper  on  account  of  the  rates  charged  to  said 
shipper  being  excessive  or  discriminatory,  provided  no  dis- 
crimination will  result  from  such  reparation. 

Railroad  commission  created.  §  22.  [As  amended  Octo- 
ber 10,  1911.]  There  is  hereby  created  a  railroad  commis- 
sion which  shall  consist  of  five  members  and  which  shall 
be  known  as  the  railroad  commission  of  the  State  of  Cali- 
fornia. The  commission  shall  be  appointed  by  the  governor 
from  the  State  at  large;  provided,  that  the  legislature,  in 
its  discretion,  may  divide  the  State  into  districts  for  the 
purpose  of  such  appointments,  said  districts  to  be  as  nearly 
equal  in  population  as  practicable;  and  provided  further 
that  the  three  commissioners  in  office  at  the  time  this  sec- 
tion takes  effect  shall  serve  out  the  term  for  which  they 
were  elected,  and  that  two  additional  commissioners  shall 
be  appointed  by  the  governor  immediately  after  the  adop- 
tion of  this  section,  to  hold  office  during  the  same  term. 
Upon  the  expiration  of  said  term,  the  term  of  office  of  each 
commissioner  thereafter  shall  be  six  years,  except  the 
commissioners  first  appointed  hereunder  after  such  expira- 
tion, one  of  whom  shall  be  appointed  to  hold  office  until 
January  1,  1917,  two  until  January  1,  1919,  and  two  until 
January  1,  1921.  Whenever  a  vacancy  in  the  office  of  com- 
missioner shall  occur,  the  governor  shall  forthwith  appoint 
a  qualified  person  to  fill  the  same  for  the  unexpired  term. 
Commissioners  appointed  for  regular  terms  shall,  at  the 
beginning  of  the  term  for  which  they  are  appointed,  and 
those  appointed  to  fill  vacancies  shall,  immediately  upon 
their  appointment,  enter  upon  their  duties  of  their  offices. 
The  legislature  shall  fix  the  salaries  of  the  commissioners, 
but  pending  such  action  the  salaries  of  the  commissioners, 
their  officers  and  employes  shall  remain  as  now  fixed  by 


law.  The  legislature  shall  have  the  power,  by  a  two-thirds 
vote  of  all  members  elected  to  each  house,  to  remove  any 
one  or  more  of  said  commissioners  from  office  for  derelic- 
tion of  duty  or  corruption  or  incompetency.  All  of  said 
commissioners  shall  be  qualified  electors  of  this  State,  and 
no  person  in  the  employ  of  or  holding  any  official  relation 
to  any  person,  firm  or  corporation,  which  said  person,  firm 
or  corporation  is  subject  to  regulation  by  said  railroad 
commission,  and  no  person  owning  stock  or  bonds  of  any 
such  corporation  or  who  is  In  any  manner  pecuniarily  in- 
terested therein,  shall  be  appointed  to  or  hold  the  office  of 
railroad  commifsioner.  No  vacancy  in  the  commission  shall 
impair  the  right  of  the  remaining  commissioners  to  exercise 
all  the  powers  of  the  commission.  The  act  of  a  majority 
of  the  commissioners  when  in  session  as  a  board  shall  be 
deemed  to  be  the  act  of  the  commission;  but  any  investiga- 
tion, inquiry  or  hearing  which  the  commission  has  power 
to  undertake  or  to  hold  may  be  undertaken  or  held  by  or 
before  any  commissioner  designated  for  the  purpose  by  the 
commission,  and  every  order  made  by  a  commissioner  so 
designated,  pursuant  to  such  inquiry,  investigation  or  hear- 
ing, when  approved  or  confirmed  by  the  commission  and  or- 
dered filed  in  its  office,  shall  be  deemed  to  be  the  order  of 
the  commission. 

Powers  of  commission.  Said  commission  shall  have  th3 
power  to  establish  rates  of  charges  for  the  transportation  of 
passengers  and  freight  by  railroads  and  other  transporta- 
tion companies,  and  no  railroad  or  other  transportation 
company  shall  charge  or  demand  or  collect  or  receive  d, 
greater  or  less  or  different  compensation  for  such  trans- 
portation of  passengers  or  freight,  or  for  any  service  in 
connection  therewith,  between  the  points  named  in  any 
tariff  of  rates  established  by  said  commission,  than  the 
rates,  fares  and  charges  which  are  specified  in  such  tariff. 
The  commission  shall  have  the  further  power  to  examine 
books,  records  and  papers  of  all  railroad  and  other  trans- 
portation companies;  to  hear  and  determine  complaints 
against  railroad  and  other  transportation  companies;  to  is- 
sue subpoenas  and  all  necessary  process  and  send  for  per- 
sons and  papers;  and  the  commission  and  each  of  the 
commissioners  shall  have  the  power  to  administer  oaths, 
take  testimony  and  punish  for  contempt  in  the  same  man- 
ner and  to  the  same  extent  as  courts  of  record;  the  com- 
mission may  prescribe  a  uniform  system  of  accounts  to  be 
kept  by  all  railroad  and  other  transportation  companies. 

Legislature  may  grant  further  powers.  No  provision  of 
this  constitution  shall  be  construed  as  a  limitation  upon  the 
authority  of  the  legislature  to  confer  upon  the  railroad 
commission  additional  powers  of  the  same  kind  or  different 
from  those  conferred  herein  which  are  not  inconsistent 
with  the  powers  conferred  upon  the  railroad  commission 
in  this  constitution,  and  the  authority  of  the  legislature  to 
confer  such  additional  powers  is  expressly  declared  to  be 
plenary  and  unlimited  by  any  provision  of  this  constitu- 
tion. 

Construction — Effect  on  Railroad  Commission  Act  of  1911. 
The  provisions  of  this  section  shall  not  be  construed  to  re. 
peal  in  whole  or  in  part  any  existing  law  not  inconsistent 
herewith,  and  the  "Railroad  Commission  Act"  of  this  State 
approved  February  10,  1911,  shall  be  construed  with  refer- 
ence to  this  constitutional  provision  and  any  other  consti- 
tutional provision  becoming  operative  concurrently  here- 
with. And  the  said  Act  shall  have  the  same  force  and 
effect  as  If  the  same  had  been  passed  after  the  adoption 
of  this  provision  of  the  constitution  and  of  all  other  pro- 
visions adopted  concurrently  herewith,  except  that  the  three 
commissioners  referred  to  in  said  Act  shall  be  held  and 
construed  to  be  the  five  commissioners  provided  for  herein. 
§  23.  [As  amended  October  10,  1911.]  Every  private  cor- 
poration, and  every  individual  or  association  of  individuals, 
owning,  operating,  managing,  or  controlling  any  commercial 
railroad,  interurban  railroad,  street  railroad,  canal,  pipe 
line,  plant,  or  equipment,  or  any  part  of  such  railroad, 
canal,  pipe  line,  plant  or  equipment  within  this  State,  for 
the  transportation  or  conveyance  of  passengers,  or  express 
matter,  or  freight  of  any  kind,  including  crude  oil,  or  for 
the  transmission  of  telephone  or  telegraph  messages,  or  for 
the  production,  generation,  transmission,  delivery  or  fur- 
nishing of  heat,  light,  water  or  power  or  for  the  furnishing 
of  storage  or  wharfage  facilities,  either  directly  or  indi- 
rectly, to  or  for  the  public,  and  every  common  carrier.  Is 
hereby  declared  to  be  a  public  utility  subject  to  such  con- 
trol and  regulation  by  the  railroad  commission  as  may  be 
provided  by  the  legislature,  and  every  class  of  private  cor- 


312 


National  Association  of  Eailway  Commissioners 


I 


poratlons,  individuals,  or  associations  of  individuals  tiere- 
after  declared  by  the  legislature  to  be  public  utilities  shall 
likewise  be  subject  to  such  control  and  regulation. 

The  railroad  commission  shall  have  and  exercise  such 
power  and  jurisdiction  to  supervise  and  regulate  public 
utilities,  in  the  State  of  California,  and  to  fix  the  rates  to 
be  charged  for  commodities  furnished  or  services  ren- 
dered by  public  utilities  as  shall  be  conferred  upon  it  by 
the  legislature,  and  the  right  of  the  legislature  to  confer 
powers  upon  the  railroad  commission  respecting  public 
utilities  is  hereby  declared  to  be  plenary  and  to  be  unlim- 
ited by  any  provision  of  this  constitution. 

From  and  after  the  passage  by  the  legislature  of  laws 
conferring  powers  upon  the  railroad  commission  respecting 
public  utilities,  all  powers  respecting  such  public  utilities 
vested  in  boards  of  supervisors,  or  municipal  councils,  or 
other  governing  bodies  of  the  several  counties,  cities  and 
counties,  cities  and  towns.  In  this  State,  or  in  any  com- 
mission created  by  law  and  existing  at  the  time  of  the  pas- 
sage of  such  laws,  shall  cease  so  far  as  such  powers  shall 
conflict  with  the  powers  so  conferred  upon  the  rail- 
road commission;  provided,  however,  that  this  section 
shall  not  affect  such  powers  of  control  over  any  public 
utility  vested  in  any  city  or  county  or  incorporated  city 
,  or  town  as,  at  an  election  to  be  held  pursuant  to  laws  to 
be  passed  hereafter  by  the  legislature,  a  majority  of  the 
qualified  electors  voting  thereon  of  such  city  and  county, 
or  incorporated  city  or  town,  shall  vote  to  retain,  and  until 
such  election  such  powers  shall  continue  unimpaired;  but 
If  the  vote  so  taken  shall  not  favor  the  continuation  of 
such  powers  they  shall  thereafter  vest  in  the  railroad  com- 
mission as  provided  by  law;  and  provided,  further,  that 
where  any  such  city  and  county  or  incorporated  city  or 
town  shall  have  elected  to  continue  any  powers  respecting 
public  utilities,  it  may,  by  vote  of  a  majority  of  its  quali- 
fied electors  voting  thereon,  thereafter  surrender  such  pow- 
ers to  the  railroad  commission  in  the  manner  to  be  pre- 
scribed by  the  legislature;  or  if  such  municipal  corpora- 
tion shall  have  surrendered  any  powers  to  the  railroad 
commission,  it  may,  by  like  vote,  thereafter  reinvest  itself 
with  such  power. 

Nothing  in  this  section  shall  be  construed  as  a  limita- 
tion upon  any  power  conferred  upon  the  railroad  commis- 
sion by  any  provision  of  this  constitution  now  existing  or 
adopted  concurrently  herewith. 

[As  amended  by  amendment  adopted  on  October  10, 
1911.] 

§  24.  The  legislature  shall  pass  all  laws  necessary 
for  the  enforcement  of  the  provisions  of  this  article. 

ARTICLE  XIII.     REVENUE  AND  TAXATION. 

1 14.  Taxes  levied,  assessed  and  collected  as  hereinafter 
provided  upon  railroads,  including  street  railways,  whether 
operated  in  one  or  more  counties;  sleeping  car,  dining  car, 
drawing-room  car  and  palace  car  companies  operating  upon 
railroads  in  this  State;  companies  doing  express  business 
on  any  railroad,  steamboat,  vessel  or  stage  line  in  this 
State;  telegraph  companies;  telephone  companies;  compa- 
nies engaged  in  the  transmission  or  sale  of  gas  or  elec- 
tricity; insurance  companies;  banks,  banking  associations, 
savings  and  loan  societies,  and  trust  companies;  and  taxes 
upon  all  franchises  of  every  kind  and  nature,  shall  be  en- 
tirely and  exclusively  for  State  purposes,  and  shall  be 
levied,  assessed  and  collected  in  the  manner  hereinafter 
provided.  The  word  "companies"  as  used  in  this  section 
shall  Include  persons,  partnerships,  joint-stock  associations, 
companies,  and  corporations. 

(a)  All  railroad  companies,  including  street  railways, 
whether  operated  in  one  or  more  counties;  all  sleeping  car, 
dining  car,  drawing  car,  and  palace  car  companies,  all  re- 
frigerator, oil,  stock,  fruit  and  other  car-loaning  and  other 
car  companies,  operating  upon  the  railroads  in  this  State; 
all  companies  doing  express  business  on  any  railroad, 
steamboat,  vessel  or  stage  line  in  this  State;  all  telegraph 
and  telephone  companies;  and  all  companies  engaged  in 
the  transmission  or  sale  of  gas  or  electricity  shall  annually 
pay  to  the  State  a  tax  upon  their  franchises,  roadways, 
roadbeds,  rails,  rolling  stock,  poles,  wires,  pipes,  canals, 
conduits,  rights  of  way,  and  other  property,  or  any  pan 
thereof  used  exclusively  in  the  operation  of  their  business 
in  this  State,  computed  as  follows:  Said  tax  shall  be  equal 
to  the  percentages  hereinafter  fixed  upon  the  gross  receipts 
from  operation  of  such  companies  and  each  thereof  within 
this  State.     When  such  companies    are    operating    partly 


within  and   partly   without  this   State,  the   gross   receipts 
within  this  State  shall  be  deemed  to  be  all  receipts  on  busi- 
ness beginning  and  ending  within  this  State,  and  a  propor- 
tion, based  upon  the  proportion  of  the  mileage  within  this    i 
State  to  the  entire  mileage  over  which  such   Dusiness  is    ! 
done,  of  receipts  on  all  business  passing  through,  into,  or    ' 
out  of  this  State. 

The  percentage  above  mentioned  shall  be  as  follows:    On 
all    railroad   companies.    Including   street   railways,   4   per 
cent;    on  all  sleeping  car,  dining  car,  drawing-room  car,    J 
palace   car   companies,    refrigerator,   oil,   stock,   fruit,   and     j 
other  car-loaning  and  other  car  companies,  3  per  cent;  on 
all    companies    doing    express    business    on    any    railroad,     : 
steamboat,  vessel  or  stage  line,  2  per  cent;  on  all  telegraph     '■ 
and  telephone  companies,  3V4  per  cent;  on  all  companies  en-    ' 
gaged  in  the  transmission  or  sale  of  gas  or  electricity,  4 
per  cent.     Such  taxes  shall  be  in  lieu  of  all  other  taxes 
and  licenses.  State,  county  and  municipal,  upon  the  prop- 
erty above  enumeiated  of  such  companies  except  as  other- 
wise in  this  section  provided;  provided,  that  nothing  herein 
shall  be  construed  to  release  any  such  company  from  th€     ' 
payment  of  any  amount  agreed,  to  be  paid  or  required  bj     I 
law   to    be   paid    for   any   special    privilege    or    franchise 
granted  by  any  of  the  municipal  authorities  of  this  State.     '■ 

(d)  All  franchises,  other  than  those  expressly  pro-  ' 
vided  for  in  this  section,  shall  be  assessed  at  their  actual 
cash  value,  in  the  manner  to  be  provided  by  law,  and  shall 
be  taxed  at  the  rate  of  one  per  centum  each  year,  and  the 
taxes  collected  thereon  shall  be  exclusively  for  the  benefit 
of  the  State. 

(f)  All  the  provisions  of  this  section  shall  be  self- 
executing,  and  the  legislature  shall  pass  all  laws  necessary 
to  carry  this  section  into  effect,  and  shall  provide  for  a 
valuation  and  assessment  of  the  property  enumerated  in 
this  section,  and  shall  prescribe  the  duties  of  the  State 
board  of  equalization  and  any  other  officers  in  connection 
with  the  administration  thereof.  The  rates  of  taxation 
fixed  In  this  section  shall  remain  in  force  until  changed 
by  the  legislature,  two-thirds  of  all  the  members  elected  to 
each  of  the  two  housfs  voting  in  favor  thereof.  The  taxes 
herein  provided  for  shall  become  a  Hen  on  the  first  Monday 
in  March  of  each  year  after  the  adoption  of  this  section 
and  shall  become  due  and  payable  on  the  first  Monday  in 
July  thereafter.  The  gross  receipts  and  gross  premiums 
herein  mentioned  shall  be  computed  for  the  year  ending 
the  thirty-first  day  of  December  prior  to  the  levy  of  such 
taxes,  and  the  value  of  any  property  mentioned  herein 
shall  be  fixed  as  of  the  first  Monday  in  March.  Nothing 
herein  contained  shall  affect  any  tax  levied  or  assessed 
prior  to  the  adoption  of  this  section;  and  all  laws  in  rela- 
tion to  such  taxes  in  force  at  the  time  of  the  adoption  of 
this  section  shall  remain  in  force  until  changed  by  the 
legislature.  Until  the  year  1918  the  State  shall  reim- 
burse any  and  all  counties  which  sustain  loss  of  rev- 
enue by  the  withdrawal  of  railroad  property  from  county 
taxation  for  the  net  loss  in  county  revenue  occasioned  by 
the  withdrawal  of  railroad  property  from  county  taxation. 
The  legislature  shall  provide  for  reimbursement  from  the 
general  funds  of  any  county  to  districts  therein  where  loss 
is  occasioned  In  such  districts  by  the  withdrawal  from  local 
taxation  of  property  tax  for  State  purposes  only. 

(g)  No  Injunction  shall  ever  issue  In  any  suit,  action 
or  proceeding  in  any  court  against  this  State  or  against 
any  officer  thereof  to  prevent  or  enjoin  the  collection  of  any 
tax  levied  under  the  provisions  of  this  section;  but  after 
payment  action  may  be  maintained  to  recover  any  tax  Ille- 
gally collected  in  such  manner  and  at  such  time  as  may 
now  or  hereafter  be  provided  by  law.  (New  section; 
adopted  November  8,  1910.) 


ARTICLE  XX. 

MISCELLANEOUS  SUBJECTS. 


§  16.  When  the  term  of  any  officer  or  commissioner  is 
not  provided  for  in  this  constitution,  the  term  of  such  offi- 
cer or  commissioner  may  be  declared  by  law;  and,  if  not 
so  declared,  such  officer  or  commissioner  shall  hold  his 
position  as  such  officer  or  commissioner  during  the  pleasure 
of  the  authority  making  the  appointment;  but  In  no  case 
shall  such  term  exceed  four  years;  provided,  however,  tha* 
in  the  case  of  any  officer  or  employe  of  any  municipalii 
governed  under  a  legally  adopted  charter,  the  provision 
of  such  charter  with  reference  to  the  tenure  of  office  or  the 
dismissal  from  office  of  any  such  officer  or  employe  shall 
control.     (Amendment  adopted  November  6,  1906.) 


IP  • 


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313 


PUBLIC  UTILITIES  ACT  OF  DECEMBER  1911. 
An  Act  to  provide  for  the  organization  of  the  railroad 
commission,  to  define  its  powers  and  duties  and  the 
rights,  remedies,  powers  and  duties  of  public  utili- 
ties, their  officers,  agents  and  employes  and  the 
rights,  duties  and  remedies  of  patrons  of  public 
utilities,  and  to  provide  penalties  tor  offenses  by 
public  utilities,  their  officers,  agents  and  employes 
and  by  other  persons  i-nd  corporations,  creating  the 
"railroad  commission  fund"  and  appropriating  the 
moneys  therein  to  carry  out  the  provisions  of  this 
Act,  and  repealing  the  railroad  commission  Act,  ap- 
proved February  10,  1911,  and  also  repealing  an 
Act  entitled  "an  Act  to  amend  the  railroad  com- 
mission Act  by  amending  §  15  thereof  relating  to 
powers  and  duties  of  the  railroad  commission  of 
the  State  of  California,  and  to  amend  §  37  thereof 
relating  to  free  and  reduced-rate  transportation  for 
freight  and  passengers,"  approved  April  6,  1911,  and 
all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  Act. 
The  people  of  the  State  of  California  do  enact  as  follows: 

Short  title.  §  1.  This  Act  shall  be  known  as  the  "Pub- 
lic Utilities  Act"  and  shall  apply  to  the  public  utilities 
and  public  services  herein  described  and  to  the  com- 
mission herein  referred  to. 

Definitions.  §  2.  (a)  The  term  "commission,"  when 
used  in  this  Act,  means  the  Railroad  Commission  of  the 
State  of   California. 

Cotnniission.  (b)  The  term  "commissioner,"  when  used 
in  this  Act,  means  one  of  the  members  of  the  com- 
mission. 

Corporation,  (c)  The  term  "corporation,"  when  used 
In  this  Act,  includes  a  corporation,  a  company,  an  asso- 
ciation and  a  joint-stock  association. 

Person,  (d)  The  term  "person,"  when  used  in  this 
Act,  includes  an  individual,  a  firm  and  a  co-partnership. 

Transportation  of  persons,  (e)  The  term  "transporta- 
tion of  persons,"  when  used  in  this  Act,  includes  every 
service  in  connection  with  or  incidental  to  the  safety, 
comfort  or  convenience  of  the  person  transported  and 
the  receipt,  carriage  and  delivery  of  such  person  and  his 
baggage. 

Transportation  of  property,  (f)  The  term  "transpor- 
tation of  property,"  when  used  in  this  Act,  includes  every 
service  in  connection  with  or  incidental  to  the  transpor- 
tation of  property,  including  in  particular  its  receipt, 
delivedy,  elevation,  transfer,  switching,  carriage,  ventila- 
tion, refrigeration,  icing,  dunnage,  storage  and  handling 
and  the  transmission  of  credit  by  express  corporations. 

Street  railroad,  (g)  The  term  "street  railroad,"  when 
used  in  this  Act,  includes  every  railway,  and  each  and 
every  branch  or  extension  thereof,  by  whatsoever  power 
operated,  being  mainly  upon,  along,  above  or  below  any 
street,  avenue,  road,  highway,  bridge  or  public  place 
within  any  city  and  county,  or  city  or  town,  together 
with  all  real  estate,  fixtures  and  personal  property  of 
every  kind  used  in  connection  therewith,  owned,  con- 
trolled, operated  or  managed  for  public  use  in  the  trans- 
portation of  persons  or  property;  but  the  term  "street 
railroad,"  when  used  in  this  Act,  shall  not  include  a 
railway  constituting  or  used  as  a  part  of  a  commercial 
9r  interurban  railway. 

Street  railroad  corporation,  (h)  The  term  "street  rail- 
road corporation,"  when  used  in  this  Act,  includes  every 
corporation  or  person,  their  lessees,  trustees,  receivers 
or  trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  street  railroad 
for   compensation   within   this   State. 

Railroad,  (i)  The  term  "railroad,"  when  used  in  this 
Act,  includes  every  commercial,  interurban  and  other 
railroad  other  than  a  street  railroad,  and  each  and  every 
branch  or  extension  thereof,  by  whatsoever  power  ope- 
rated, together  with  all  tracks,  bridges,  trestles,  rights 
of  way,  subways,  tunnels,  stations,  depots,  union  depots, 
ferries,  yards,  grounds,  terminals,  terminal  facilities, 
structures  and  equipment,  and  all  other  real  estate, 
fixtures  and  personal  property  of  every  kind  used  in 
connection  therewith,  owned,  controlled,  operated  or 
managed  for  public  use  in  the  transportation  of  persons 
or  property. 


Railroad  corporation,  (j)  The  term  "railroad  corpora- 
tion,"' when  used  In  this  Act,  Includes  every  corporation 
or  person,  their  lessees,  trustees,  receivers  or  trustees 
appointed  by  any  court  whatsoever,  owning,  controlling, 
operating  or  managing  any  railroad  for  compensation 
within  this  State. 

Express  corporation,  (k)  The  term  "express  corpora- 
tion," when  used  in  this  Act,  includes  every  corporation 
or  person,  their  lessees,  trustees,  receivers  or  trustees ' 
appointed  by  any  court  whatsoever,  engaged  In  or 
transacting  the  business  of  transporting  any  freight, 
merchandise  or  other  property  for  compensation  on  the 
line  of  any  common  carrier  or  stage  or  auto  stage  line 
within  this  State. 

Common  carrier.  (1)  The  term  "common  carrier," 
when  used  in  this  Act,  includes  every  railroad  corpora- 
tion; street  railroad  corporation;  express  corporation; 
dispatch,  sleeping  car,  dining  car,  drawing  room  car, 
freight,  freight-line,  refrigerator,  oil,  stock,  fruit,  car 
loaning,  car  renting,  car  loadihg  and  every  other  car 
corporation  or  person,  their  lessees,  trustees,  receivers 
or  trustees  appointed  by  any  court  whatsoever,  operating 
for  compensation  within  this  State;  and  every  corpora- 
tion or  person,  their  lessees,  trustees,  receivers  or 
trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  vessel  regularly 
engaged  in  the  transportation  of  persons  or  property  for 
compensation  upon  the  waters  of  this  State  or  upon  the 
high  seas,  over  regular  routes  between  points  within  this 
State. 

Pipe  line,  (m)  The  term  "pipe  line,"  when  used  in 
this  Act,  includes  all  real  estate,  fixtures  and  personal 
property,  owned,  controlled,  operated  or  managed  in 
connection  with  or  to  facilitate  the  transmission,  storage, 
distribution  or  delivery  of  crude  oil  or  other  fluid  sub- 
stances except  water  through  pipe  lines. 

Pipe  line  corporation,  (n)  The  term  "pipe  line  cor- 
poration," when  used  in  this  Act,  includes  every  corpo- 
ration or  person,  their  lessees,  trustees,  receivers  or 
trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  pipe  line  for  com- 
pensation within  this  State. 

Gas  plant,  (o)  The  term  "gas  plant,"  when  used  in 
this  Act,  includes  all  real  estate,  fixtures  and  personal 
property,  owned,  controlled,  operated  or  managed  in 
connection  with  or  to  facilitate  the  production,  gener- 
ation, transmission,  delivery  or  furnishing  of  gas 
(natural    or   manufactured)    for   light,   heat   or   power. 

Gas  corporation,  (p)  The  term  "gas  corporation," 
when  used  in  this  Act,  includes  every  corporation  or  per- 
son, their  lessees,  trustees,  receivers  or  trustees  ap- 
pointed by  any  court  whatsoever,  owning,  controlling, 
operating  or  managing  any  gas  plant  for  compensation 
within  this  State,  except  where  gas  is  made  or  produced 
on  and  distributed  by  the  maker  or  producer  through 
private  property  alone  solely  for  his  own  use  or  the 
use  of  his  tenants  and  not  for  sale  to  others. 

Electric  plant,  (q)  The  term  "electric  plant,"  when 
used  in  this  Act,  includes  all  real  estate,  fixtures  and 
personal  property  owned,  controlled,  operated  or  man- 
aged in  connection  with  or  to  facilitate  the  production, 
generation,  transmission,  delivery  or  furnishing  of  elec- 
tricity for  light,  heat  or  power,  and  all  conduits,  ducts 
or  other  devices,  materials,  apparatus  or  property  for 
containing,  holding  or  carrying  conductors  used  or  to 
be  used  for  the  transmission  of  electricity  for  light, 
heat  or  power. 

Electrical  corporation,  (r)  The  term  "electrical  corpo- 
ration," when  used  in  this  Act,  includes  every  corpora- 
tion or  person,  their  lessees,  trustees,  receivers  or  trus- 
tees appointed  by  any  court  whatsoever,  owning,  controll- 
ing, operating  or  managing  any  electric  plant  for  com- 
pensation within  this  State,  except  where  electricity  is 
generated  on  or  distributed  by  the  producer  through  pri- 
vate property  alone  solely  for  his  own  use  or  the  use  of 
his  tenants  and  not  for  sale  to  others. 

Telephone  line,  (s)  The  term  "telephone  line,"  when 
used  in  this  Act,  includes  all  conduits,  ducts,  poles,  wires, 
cables,  instruments  and  appliances,  and  all  other  real 
estate,  fixtures  and  personal  property  owned,  controlled, 
operated  or  managed  in  connection  with  or  to  facilitate 


314 


National  Association  of  Kailway  Commissioners 


m 


communication  by  telephone,  whether  such  communica- 
tion is  had  with  or  without  the  use  of  transmission 
■wires. 

Telephone  corporation,  (t)  The  term  "telephone  cor- 
poration," when  used  in  this  Act,  includes  every  corpo- 
ration or  person,  their  lessees,  trustees,  receivers  or 
trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  telephone  line 
for  compensation  within  this  State. 

Telegraph  line,  (u)  The  term  "telegraph  line,"  when 
used  in  this  Act,  includes  all  conduits,  ducts,  poles,  wires, 
cables,  instruments  and  appliances,  and  all  other  real 
estate,  fixtures  and  personal  property  owned,  controlled, 
operated  or  managed  in  connection  with  or  to  faciltate 
communication  by  telegraph,  whether  such  communica- 
tion is  had  with  or  without  the  use  of  transmission 
wires. 

Telegraph  corporation,  (v)  The  term  "telegraph  cor- 
poration," when  used  in  this  Act,  includes  every  corpo- 
ration or  person,  their  lessees,  trustees,  receivers  or 
trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  telegraph  line 
for   compensation  within   this   State. 

Water  system,  (w)  The  term  "water  system,"  when 
used  in  this  Act,  includes  all  reservoirs,  tunnels,  shafts, 
dams,  dikes,  head-gates,  pipes,  flumes,  canals,  structures 
and  appliances,  and  all  other  real  estate,  fixtures  and  per- 
sonal property,  owned,  controlled,  operated  or  managed 
in  connection  with  or  to  facilitate  the  diversion,  develop- 
ment, storage,  supply,  distribution,  sale,  furnishing,  ■  car- 
riage, apportionment  or  measurement  of  water  for  power, 
irrigation,  reclamation  or  manufacturing,  or  for  munici- 
pal, domestic  or  other  beneficial  use. 

M'ater  corporation,  (x)  The  term  "water  corporation," 
when  used  in  this  Act,  includes  every  corporation  or 
person,  their  lessees,  trustees,  receivers  or  trustees  ap- 
pointed by  any  court  whatsoever,  owning,  controlling, 
operating  or  managing  any  water  system  for  compensa- 
tion within  this   State. 

Vessel,  (y)  The  term  "vessel,"  when  used  in  this  Act, 
includes  every  species  of  water  craft,  by  whatsoever 
power  operated,  which  is  owned,  controlled,  operated  or 
managed  for  public  use  in  the  transportation  of  persons 
or  property. 

Wharfinger,  (z)  The  term  "wharfinger,"  when  used  in 
this  Act,  includes  every  corporation  or  person,  their 
lessees,  trustees,  receivers  or  trustees,  appointed  by  any 
court  whatsoever,  owning,  controlling,  operating  or 
managing  any  dock,  wharf  or  structure  used  by  vessels 
in  connection  with  or  to  facilitate  the  receipt  or  dis- 
charge of  freight  or  passengers  for  compensation  within 
this  State. 

Warehouseman,  (aa)  The  term  "warehouseman,"  when 
used  in  this  Act,  includes  every  corporation  or  person, 
their  lessees,  trustees,  receivers  or  trustees  appointed 
by  any  court  whatsoever,  owning,  controlling,  operating 
or  managing  any  building  or  structure  in  which  property 
is  regularly  stored  for  compensation  within  this  State  [, 
in  connection  with  or  to  facilitate  the  transportation  of 
property  by  a  common  carrier  or  vessel,  or  the  loading 
or  unloading  of  the  same,]  other  than  a  dock,  wharf  or 
structure,  owned,  operated,  controlled  or  managed  by  a 
wharfinger. 

Public  utility,  (bb)  The  term  "public  utility,"  when 
used  in  this  Act,  includes  every  common  carrier,  pipe 
line  corporation,  gas  corporation,  electrical  corporation, 
telephone  corporation,  telegraph  corporation,  water  cor- 
poration, wharfinger  and  warehouseman,  as  those  terms 
are  defined  in  this  section,  and  each  thereof  is  hereby 
declared  to  be  a  public  utility  and  to  be  subject  to  the 
jurisdiction,  control  and  regulation  of  the  commission 
and  to  the  provisions  of  this  Act. 

Five  commissioners — term  six  years.  §  3.  (a)  The 
railroad  commission  shall  consist  of  five  members,  who 
shall  be  appointed  by  the  governor  from  the  State  at 
large;  provided,  that  the  three  commissioners  in  ofiBce 
on  the  tenth  day  of  October,  1911,  shall  serve  out  the 
term  for  which  they  were  elected,  and  that  two  addi- 
tional commissioners  shall  be  appointed  by  the  governor 
to  hold  office  during  the  same  term.  Upon  the  expira- 
tion of  said  term,  the  term  of  office  of  each  commissioner 


thereafter  shall  be  six  years,  excepting  that  the  com- 
missioners first  appointed  after  the  expiration  of  said 
term  one  shall  be  appointed  to  hold  office  until  the  first 
day  of  January,  1917,  two  until  the  first  day  of  January, 
1919,  and  two  until  tne  first  day  of  January,  1921.  The 
commissioners  shall  elect  one  of  their  number  presi- 
dent of   the   commission. 

Vacancy,  (b)  Whenever  a  vacancy  in  the  office  of 
commissioner  shall  occur,  the  governor  shall  forthwith 
appoint  a  qualified  person  to  fill  the  same  for  the  unex- 
pired term.  The  legislature,  by  a  two-thirds  vote  of  all 
members  elected  to  each  house,  may  remove  any  one  or  . 
more  of  said  commissioners  from  office  for  derelictioa 
of  duty  or  corruption  or  incompetency.  ; 

Attorney  of  the  commission.    §  4.    The  commission  shall 
have    power    to    appoint    as   attorney    to    the    commission 
an   attorney   at   law   of   this   State,   who  shall  hold   oflice 
during  the  pleasure  of  the  commission.     It  shall   be  the 
right  and  the  duty  of  the  attorney  to  represent  and  appear 
for   the   people   of   the   State   of   California   and   the   com-  ] 
mission    in    all    actions    and    proceedings    involving    any 
question   under   this   Act   or   under   any   order   or  Act  cf  ' 
the    commission,   and,   if   directed   to   do   so   by   the  con  -   : 
mission,     to    intervene,    if    possible,    in    any    action    or 
proceeding   in   which    any   such   question   is   involved;    t>  ; 
commence,    prosecute    and   expedite    the    final    determins  - 
tion  of  all  actions  and  proceedings  directed  or  authorize  I 
by  the  commission;    to  advise  the   commission   and  eac  i 
commissioner,   when   so   requested,   in   regard   to  all  ma- 
ters   in   connection   with    the    powers    and    duties   of    th ; 
commission   and   the   members   thereof;    and   generally  t  > 
perform  all  duties  and  services  as  attorney  to  the  con  - 
mission  which  the  commission  may  require  of  him. 

Secretary.  §  5.  The  commission  shall  appoint  a  seer*  ■ 
tary,  who  shall  hold  oifice  during  its  pleasure.  It  shall 
be  the  duty  of  the  secretary  to  keep  a  full  and  tru  > 
record  of  all  proceedings  of  the  commission,  to  issue  all 
necessary  process,  writs,  warrants  and  notices,  and  t  ► 
perform  such  other  duties  as  the  commission  may  pre  - 
scribe.  The  commission  may  appoint  an  assistant  secre- 
tary, who  shall  have  all  the  powers  conferred  by  lai  ■ 
upon  peace  officers  to  carry  weapons,  make  arrests  an;t 
serve  warrants  and  other'  process  in  any  county  or 
and   county  of  this  State. 

Expert  engineers,  accountants,  etc.  §  6.  The  commh  - 
sion  shall  have  power  to  employ,  during  its  pleasure . 
such  officers,  exi)erts,  engineers,  statisticians,  accouni  • 
ants,  inspectors,  clerks  and  employes  as  it  may  deei  i 
necessary  to  carry  out  the  provisions  of  this  Act  or  t  > 
perform  the  duties  and  exercise  the  powers  conferred  b  ' 
law  upon  the  commission. 

Commission  and  employes  disinterested.  §  7.  Eac!  i 
commissioner  and  each  person  appointed  to  a  civ:l 
executive  office  by  the  commission  shall,  before  entei  ■ 
ing  upon  the  duties  of  his  office,  take  and  subscrib  i 
the  constitutional  oath  of  office.  Each  commissioner 
shall  be  a  qualified  elector  of  this  State,  and  no  perso  i 
in  the  employe  of  or  holding  any  official  relation  to  an  ■ 
corporation  or  person,  which  said  corporation  or  perso  i 
is  subject  in  whole  or  in  part  to  regulation  by  the  con  - 
mission,  and  no  person  owning  stocks  or  bonds  of  an  / 
such  corporation  or  who  is  in  any  manner  pecuniaril.' 
interested  therein  shall  be  appointed  to  or  hold  th  i 
office  of  commissioner  or  be  appointed  or  employed  b,' 
the  commission;  provided,  that  if  any  such  person  shall  be- 
come the  owner  of  such  stocks  or  bonds  or  become 
pecuniarily  interested  in  such  corporation  otherwise  thai 
voluntarily,  he  shall  within  a  reasonable  time  divest 
himself  of  such  ownership  or  interest;  failing  to  do  so, 
his  office  or  employment  shall  become  vacant. 

Office  at  San  Francisco.  §  8.  (a)  The  office  of  the 
commission  shall  be  in  the  city  and  county  of  San 
Francisco.  The  office  shall  always  be  open,  legal  holi- 
days and  non-judicial  days  excepted.  The  commission 
shall  hold  its  sessions  at  least  once  in  each  calendar 
month  in  said  city  and  county  of  San  Francisco,  and 
may  also  meet  at  such  other  times  and  in  such  other 
places  as  may  be  expedient  and  necessary  for  the  proper 
performance  of  its  duties.  For  the  purpose  of  holding 
sessions  in  places  other  than  the  city  and  county  of 
San  Francisco,  the  commission  shall  have  power  to  rent 
quarters  or  offices,  and  the  expense  thereof  and  in  con- 


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315 


neetion  therewith  shall  be  paid  in  the  same  manner  as 
other  expenses  authorized  by  this  Act.  The  sessions  of 
the   commission   shall   be   public. 

Seal — Judicial  notice,  (b)  The  commission  shall  have 
a  seal,  bearing  the  following  inscription:  "Railroad 
Commission  State  of  California."  The  seal  shall  be 
affixed  to  all  writs  and  authentications  of  copies  of 
records  and  to  such  other  ( instruments  as  the  commis- 
sion shall  direct.  AU  courts^shall  take  judicial  notice  of 
said  seal. 

Office  equipment,  (c)  The  commission  is  authorized 
to  procure  all  necessary  books,  maps,  charts,  stationery, 
instruments,  office  furniture,  apparatus  and  appliances, 
and  the  same  shall  be  paid  for  in  the  same  manner  as 
other  expenses   authorized   by  this  Act. 

Quorum.  §  9.  A  majority  of  the  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  any  business, 
for  the  performance  of  any  duty  or  for  the  exercise  of 
any  power  of  the  commission.  No  vacancy  in  the  com- 
mission shall  impair  the  right  of  the  remaining  com- 
missioners to  exercise  all  the  powers  of  the  commission. 
The  act  of  a  majority  of  the  commissioners,  when  in 
session  as  a  board,  shall  be  deemed  to  be  the  act  of 
the  commission;  but  any  investigation,  inquiry  or  hearing 
which  the  commission  has  power  to  undertake  or  to  hold 
may  be  undertaken  or  held  by  or  before  any  commissioner 
designated  for  the  purpose  by  the  commission,  and  every 
finding,  order  or  decision  made  by  a  commissioner  so 
designated  pursuant  to  such  investigation,  inquiry  or 
hearing,  when  approved  and  confirmed  by  the  commis- 
sion and  ordered  filed  in  its  office,  shall  be  and  be 
deemed  to  be  the  finding,  order  or  decision  of  the  com- 
mission. 

Commissioner's  salary  $6,000— Other  salaries.  §  10.  (a) 
The  annual  salary  of  each  commissioner  shall  be  $6,000. 
All  officers,  experts,  engineers,  statisticians,  accountants, 
inspectors,  clerks  and  employes  of  the  commission  shall 
receive  such  compensation  as  may  be  fixed  by  the  com- 
mission. The  commissioners,  attorney,  secretary,  rate 
expert  and  assistant  secretary  shall  be  civil  executive 
officers  and  their  salaries,  as  fixed  by  law  or  the  com- 
mission, shall  be  paid  in  the  same  manner  as  are  the 
salaries  of  other  State  officers.  The  salary  or  compensa- 
tion of  every  other  person  holding  office  or  employment 
under  the  commission  «hal  be  paid  monthly  from  the 
funds  appropriated  for  the  use  of  the  commission,  after 
being  approved  by  the  commission,  upon  claims  there- 
for to  be  audited  by  the  board  of  control. 

Expenses,  (b)  All  expenses  incurred  by  the  commis- 
sion pursuant  to  the  provisions  of  this  Act,  including  the 
actual  and  necessary  traveling  and  other  expenses  and 
disbursements  of  the  commissioners,  their  officers  and 
employes,  incurred  while  on  business  of  the  commission, 
shall  be  paid  from  the  funds  apropriated  for  the  use 
of  the  commission,  after  being  approved  by  the  com- 
mission, upon  claims  therefor  to  be  audited  by  the  board 
of  control. 

Free  trave}.  §  11.  The  commissioners  and  the  officers 
and  employes  of  the  commission  shall,  when  in  the  per- 
formance of  their  official  duties,  have  the  right  to  pass, 
free  of  charge,  on  all  railroads,  cars,  vessels  and  other 
vehicles  of  every  common  carrier,  as  said  term  is  de- 
fined in  this  Act,  subject  in  whole  or  in  part  to  control 
or  regulation  by  the  commission,  between  points  within 
this  State,  and  such  persons  shall  not  be  denied  the 
right  to  travel  upon  any  railroad,  car,  vessel  or  other 
vehicle  of  such  common  carrier,  whether  such  railroad, 
car,  vessel  or  other  vehicle  be  used  for  the  transporta- 
tion of  passengers  or  freight,  and  regardless  of  its  class. 

Annual  report  of  commission.  §  12.  The  commission 
shall  make  and  submit  to  the  governor,  on  or  before 
the  first  day  of  December  of  each  year,  subsequent  to 
the  year  1912,  a  report  containing  a  full  and  complete 
account  of  its  transactions  and  proceedings  for  the 
preceding  fiscal  year,  together  with  such  other  facts, 
suggestions  and  recommendations  as  it  may  deem  of 
value  to  the  people  of  the   State. 

Charges  to  te  just.  §  13.  (a)  All  charges  made,  de- 
manded or  received  by  any  public  utility,  or  by  any  two 
or  more  public  utilities,  for  any  product  or  commodity 
furnished  or  to  be  furnished  or  any  service  rendered  or 


to  be  rendered  shall  be  just  and  reasonable.  Every  un- 
just or  unreasonable  charge  made,  demanded  or  received 
for  such  product  or  commodity  or  service  is  hereby 
prohibited   and   declared   unlawful. 

Services  to  be  adequate,  (b)  Every  public  utility  shall 
furnish,  provide  and  maintain  such  service,  instrumen- 
talities, equipment  and  facilities  as  shall  promote  the 
safety,  health,  comfort  and  convenience  of  its  patrons, 
employes  and  the  public,  and  as  shall  be  in  all  respects 
adequate,   efficient,  just  and  reasonable. 

Rules  reasonable,  (c)  All  rules  and  regulations  made 
by  a  public  utility  affecting  or  pertaining  to  its  charges 
or  service  to  the  public  shall  be  just  and  reasonable. 

Schedules  to  6e  filed.  §  14.  (a)  Every  common  car- 
rier shall  file  with  the  commission  and  shall  print  and 
keep  open  to  the  public  inspection  schedules  showing 
the  rates,  fares,  charges  and  classifications  for  the  trans- 
portation, between  termini  within  this  State,  of  persons 
and  property  from  each  point  upon  its  route  to  all  other 
points  thereon;  and  from  each  point  upon  its  route  to 
all  points  upon  every  other  route  leased,  operated  or 
controlled  by  it;  and  from  each  point  on  its  route  or 
upon  any  route  leased,  operated  or  controlled  by  it  to 
all  points  upon  the  route  of  any  other  common  carrier, 
whenever  a  through  route  and  a  joint  rate  shall  have 
been  established  or  ordered  between  any  two  such  points. 
If  no  joint  rate  over  a  through  route  has  been  estab- 
lished, the  schedules  of  the  several  carriers  in  such 
through  route  shall  show  the  separately  established 
rates,  fares,  charges  and  classifications  applicable  to 
the  through  transportation.  The  schedules  printed  as 
aforesaid  shall  plainly  state  the  places  between  which 
property  and  persons  will  be  carried,  and  shall  also 
contain  the  classification  of  passengers  or  property  in 
force,  and  shall  also  state  separately  all  terminal  charges, 
storage  charges,  icing  charges  and  all  other  charges 
which  the  commission  may  require  to  be  stated,  all  privi- 
leges or  facilities  granted  or  allowed,  and  all  rules  or 
regulations  which  may  in  anywise  change,  affect  or  deter- 
mine any  part,  or  the  aggregate  of,  such  rates,  fares, 
charges  and  classifications,  or  the  value  cf  the  service 
rendered  to  the  passenger,  shipper  or  consignee.  Sub- 
ject to  such  rules  and  regulations  as  the  commission  may 
prescribe,  such  schedules  shall  be  plainly  printed  in  large 
type,  and  a  copy  thereof  shall  be  kept  by  every  such 
carrier  readily  accessible  to  and  for  inspection  by  the 
public  in  every  station  or  office  of  such  carrier  where 
passengers  or  property  are  respectively  received  for 
transportation,  when  such  station  or  office  is  in  charge 
of  an  agent,  and  in  every  station  or  office  of  such  carrier 
where  passenger  tickets  or  tickets  for  sleeping,  parlor 
car  or  other  train  accommodations  are  sold  or  bills  of 
lading  or  waybills  or  receipts  for  property  are  issued. 
Any  or  all  of  such  schedules  kept  as  aforesaid  shall  be 
immediately  produced  by  such  carrier  for  inspection 
upon  the  demand  of  any  person.  A  notice  printed  in 
bold  type  and  stating  that  such  schedules  are  on  file 
with  the  agent  and  open  to  inspection  by  any  person, 
and  that  the  agent  will  assist  any  person  to  determine 
from  such  schedules  any  rates,  fares,  rules  or  regula- 
tions in  force,  shall  be  kept  posted  by  the  carrier  in  two 
public  and  conspicuous  places  in  every  such  station  or 
office.  The  form  of  every  such  schedule  shall  be  pre- 
scribed by  the  commission  and  shall  conform,  in  the 
case  of  common  carrier  subject  to  the  Act  of  congress 
entitled  "An  Act  to  regulate  commerce,"  approved 
February  4,  1887,  and  the  Acts  amendatory  thereof  and 
supplementary  thereto,  as  nearly  as  may  be  to  the  form 
of  schedules  prescribed  by  the  Interstate  Commerce  Com- 
mission under  said   Act. 

Schedules  to  6e  exhibited,  (b)  Under  such  rules  and 
regulations  as  the  commission  may  prescribe,  every  public 
utility,  other  than  a  common  carrier,  shall  file  with  the 
commission,  within  such  time  and  in  such  form  as  the 
commission  may  designate,  and  shall  print  and  keep 
open  to  public  inspection  schedules  showing  all  rates, 
tolls,  rentals,  charges  and  classifications  collected  or 
enforced,  or  to  be  collected  or  enforced,  together  with 
all  rules,  regulations,  contracts,  privileges  and  facilities 
which  in  any  manner  affect  or  relate  to  rates,  tolls, 
rentals,  classifications  or  service.  The  rates,  tolls, 
rentals    and    charges    shown    on    such    schedules,    when 


316 


National  Association  of  Eailway  Commissioners 


1 


filed  by  a  public  utility  as  to  which  the  commission  by 
this  Act  acquires  the  power  to  fix  any  rates,  tolls,  rentals 
or  charges,  shall  not,  within  any  portion  of  the  territory 
as  to  which  the  commission  acquires  as  to  such  public 
utility  such  power,  exceed  the  rates,  tolls,  rentals  or 
charges  in  effect  on  the  tenth  day  of  October,  1911;  the 
rates,  tolls,  rentals  and  charges  shown  on  such  schedules, 
when  filed  by  any  public  utility  as  to  any  territory  as 
to  which  the  commission  does  not  by  this  Act  acquire  as 
to  such  public  utility  such  power,  shall  not  exceed  the 
rates,  tolls,  rentals  and  charges  in  effect  at  the  time  the 
commission  acquires  as  to  such  territory  and  as  to  such 
public  utility  the  power  to  fix  rates,  tolls,  rentals  or 
charges.  Nothing  in  this  section  contained  shall  prevent 
the  commission  from  approving  or  fixing  rates,  tolls, 
rentals  or  charges,  from  time  to  time,  in  excess  of  or 
less  than  those  shown  by  said  schedules. 

Changes  in  form  of  schedules,  (c)  The  commission 
shall  have  power,  from  time  to  time,  in  its  discretion,  to 
determine  and  prescribe  by  order  such  changes  in  the 
form  of  the  schedules  referred  to  in  this  section  as  it 
may  find  expedient,  and  to  modify  the  requirements  of 
any  of  its  orders,  rules  or  regulations  in  respect  to  any 
matter  in  this  section  referred  to. 

Changes  in  rates,  classifications,  etc.  §  15.  Unless  the 
•commission  otherwise  orders,  no  change  shall  be  made 
hy  any  public  utility  in  any  rate,  fare,  toll,  rental,  charge 
or  classification,  or  in  any  rule,  regulation  or  contract 
relating  to  or  affecting  any  rate,  fare,  toll,  rental,  charge, 
classification  or  service,  or  in  any  privilege  or  facility, 
except  after  30  days'  notice  to  the  commission  and  to  the 
public  as  herein  provided.  Such  notice  shall  be  given 
by  filing  with  the  commission  and  keeping  open  for 
public  inspection  new  schedules  stating  plainly  the 
change  or  changes  to  be  made  in  the  schedule  or  sched- 
ules then  in  force,  and  the  time  when  the  change  or 
changes  will  go  into  effect.  The  commission,  for  good 
cause  shown,  may  allow  changes  without  requiring  the 
30  days'  notice  herein  provided  for,  by  an  order  specify- 
ing the  changes  so  to  be  made  and  the  time  when  they 
shall  take  effect,  and  the  manner  In  which  they  shall  be 
filed  and  published.  When  any  change  is  proposed  in 
any  rate,  fare,  toll,  rental,  charge  or  classification,  or  in 
any  form  of  contract  or  agreement  or  in  any  rule,  regu- 
lation or  contract  relating  to  or  affecting  any  rate,  fare, 
toll,  rental,  charge,  classification  or  service,  or  in  any 
privilege  or  facility,  attention  shall  be  directed  to  such 
change  on  the  schedule  filed  with  the  commission,  by 
some  character  to  be  designated  by  the  commission, 
immediately  preceding  or  following  the  item.  , 

Schedules  of  joint  rates,  etc.  §  16.  The  names  of  the 
several  public  utilities  which  are  parties  to  any  joint 
tariff,  rate,  fare,  toll,  contract,  classification  or  charge 
shall  be  specified  in  the  schedule  or  schedules  showing 
the  same.  Unless  otherwise  ordered  by  the  commission, 
a  schedule  showing  such  joint  tariff,  rate,  fare,  toll,  con- 
tract, classification  or  charge  need  be  filed  with  the 
commission  by  only  one  of  the  parties  to  it;  provided, 
that  there  is  also  filed  with  the  commission  in  such 
form  as  the  commission  may  require  a  concurrence  in 
such  joint  tariff,  rate,  fare,  toll,  contract,  classification  or 
charge  by  each  of  the  other  parties  thereto. 

Filing  schedule  condition  precedent  to  doing  business. 
f  17.  (a)  1.  No  common  carrier  subject  to  the  provisions 
of  this  Act  shall  engage  or  participate  in  the  trans- 
portation of  persons  or  property,  between  points  within 
this  State,  until  its  schedules  of  rates,  fares,  charges  and 
classifications  shall  have  been  filed  and  published  in 
accordance  wjth  the  provisions  of  this  Act. 

Schedules  to  be  observed.  2.  No  common  carrier  shall 
charge,  demand,  collect  or  receive  a  greater  or  less  or 
different  compensation  for  the  transportation  of  persons 
or  property,  or  for  any  service  in  connection  therewith, 
than  the  rates,  fares  and  charges  applicable  to  such 
transportation  as  specified  in  its  schedules  filed  and  in 
effect  at  the  time!  nor  shall  any  such  carrier  refund 
or  remit  In  any  manner  or  by  any  device  any  portion  of 
the  rates,  fares  or  charges  so  specified,  except  upon 
order  of  the  commission  as  hereinafter  provided,  nor 
extend  to  any  corporation  or  person  any  privilege  or 
facility  in  the   transportation   of  passengers  or  property 


except  such  as  are  regularly  and  uniformly  extended  to 
all  corporations  and  persons. 

Free  transportation  forbidden — Exceptions.    3.    No  com- 
mon carrier  subject  to  the  provisions  of  this  Act  shall, 
directly   or    indirectly,    issue,    give    or    tender    any    free 
ticket,   free   pass   or  free  or  reduced-rate   transportation 
for  passengers  between  points  within  this  State,  except 
to    its    ofllcers,    agents,    employes,    attorneys,    physicians 
and  surgeons,  and  members  of  their  families;  to  ministers 
of    religion,    traveling    secretaries    of    railroad    men's    re- 
ligious  associations,   or   executive   officers,   organizers   or 
agents  of  railroad  employes'  mutual  benefit  associations 
giving  the  greater  portion  of  their  time  to  the  work  of 
any  such  association;    inmates  of  hospitals  or  charitable 
or  eleemosynary  institutions,  and  persons  exclusively  en- 
gaged in  charitable  or  eleemosynary  work,   and  persons 
and   property  engaged  or  employed  in  educational  work 
or  scientific  research,  when  permitted  by  the  commission; 
to  the  executive  oflicers  of  mercantile  or  promotion  boards 
or  bodies  within  this  State,  when  traveling  in  the  per- 
formance of  duties  affecting  the  advancement  of  the  busi- 
ness  of   such   boards  or  bodies,   or  the   development  cf 
trade   or   industry    within   or   without   this    State,    whei 
authorized    by    the    commission;    to    hotel    employes    cf 
season  resort  hotels,  when  authorized  by  the  commission; 
to  indigent,  destitute  and  homeless  persons  and  to  such  per- 
sons when  transported  by  charitable  societies  or  hospitals , 
and  the  necessary  agents  employed  in  such  transportation ;   > 
to   inmates  of   the  national   homes   or   State   homes   fo* 
disabled   volunteer   soldiers  and   of  soldiers'  and  sailon' 
homes,  including  those  about  to  enter  and  those  returi- 
ing  home  after  discharge ;  to  necessary  caretakers,  goln ; 
and  returning,  of  live  stock,  poultry,  milk,  fruit  and  othe- 
freight,  under  uniform  and  non-discriminatory  regulations, 
to    employes    of    sleeping-car    corporations,    express    coi- 
porations    and   telegraph    and   telephone   corporations;    t) 
railway    mail    service    employes.    United    State    internal 
revenue    officers,    postoffice    inspectors,    customs    officer ; 
and  inspectors  and   immigration   inspectors,  when   trava  ■ 
ing  in   the  course  of  their  official  duty;    to  newsboys  oi 
trains,    baggage    agents,    witnesses    attending    any    lega 
investigation  in   which   the  carrier  is   interested,   person 
injured    in    accidents    or    wrecks    and    physicians    an^ 
nurses   attehding  such    persons ;    provided,   that  the   tert 
"employes,"    as    used    in   this    section,    shall    include    fui- 
loughed,     pensioned    and     superannuated     employes,     pei  • 
sons  who  have  become  disabled  or  infirm  in  the  servlc  ■ 
of  any  such   carrier,  ex-employes   graveling  for  the  pui- 
pose    of  entering   the    service   of   any    such    carrier,    am: 
the  remains  of  persons  dying  while  in  the   employmen . 
of  any  such  carrier;   and  the  term  "families,"  as  used  In 
this  section,   shall   include  the  families  of  those   persons 
heretofore  named  in  this  proviso,  the  families  of  person  i 
killed,    and    the    widows    during    widowhood    and    mino* 
children   during   minority  of   persons   who   died   while   ill' 
the  service   of   any   such    carrier;    and   provided,   furthei, 
that   no   free   ticket,   free    pass   or   free   or   reduced-rat) 
transportation  shall  be  issued,  given  or  tendered  to  any 
officer,   agent  or  employe  of  a  common  carrier,   who  iJ 
at  the  same  time  a  shipper  or  receiver  of  freight,  or  a:i 
officer,    agent   or   employe    of   a    shipper  or   receiver  of 
freight,    unless    such    officer,    agent    or    employe    devotee 
substantially  his  entire  time  to  the  service  of  such  cai- 
rier;    and   provided,    further,    that   the    members    of   tha 
railroad  commission,  their  officers  and  employes,  shall  bJ 
entitled,  when  in  the  performance  of  their  official  duties , 
to    free    transportation    over    the    lines    of    all    commoi 
carriers   within   this    State;    and   provided,   further,   that 
passenger  transportation  may  Issue  to  the  proprietors  ani 
employes  of  newspapers  and  magazines  and  the  members 
of  their  immediate  families,  in  exchange  for  advertising 
space    in   such    newspapers   or   magazines   at   full    ratesi, 
subject,  however,  to  such  reasonable  restrictions  as  the 
commission  may  impose. 

Nothing  in  this  Act  contained  shall  be  construed  to 
prohibit  the  issue  by  express  corporations  of  free  or 
reduced-rate  transportation  for  express  matter  to  their 
officers,  agents,  employes,  attorneys,  physicians  and 
surgeons,  and  members  of  their  families,  or  the  in- 
terchange of  free  or  reduced-rate  transportation  for 
passengers  or  express  matter  between  common  carriers, 
their    officers,    agents,    employes,    attorneys,    physicians 


Public  Service  Laws 


317 


and  surgeons  and  members  of  their  families;  provided, 
that  such  express  matter  be  for  the  personal  use  of  the 
person  to  or  for  whom  such  free  or  reduced-rate  trans- 
portation is  granted,  or  of  his  family;  nor  to  prohibit 
the  issue  of  passes  or  franks  by  telegraph  or  telephone 
corporations  to  their  officers,  agents,  employes,  attorneys, 
physicians  and  surgeons,  and  members  of  their  families, 
or  the  exchange  of  passes  .or  franks  between  such  tele- 
graph and  telephone  corporations  or  between  such  cor- 
porations and  such  common  carriers,  for  their  officers, 
agents,  employes,  attorneys,  physicians  and  surgeons, 
and  members  of  their  families;  nor  to  prevent  the  carry- 
ing out  of  contracts  for  free  or  reduced-rate  passenger 
transportation  heretofore  made,  founded  upon  adequate 
consideration  and  lawful  when  made;  nor  to  prevent  a 
common  carrier  from  transporting,  storing  or  handling, 
free  or  at  reduced  rates,  the  household  goods  and  per- 
sonal effects  of  its  employes,  of  persons  entering  or 
leaving  its  service,  and  of  persons  killed  or  dying  while 
in  Its  service. 

Other  exceptions.  4.  Every  common  calrler  subject  to 
the  provisions  of  this  Act  may  transport,  free  or  at 
reduced  rates,  persons  or  property  for  the  United  States, 
State,  county  or  municipal  governments,  or  for  charitable 
purposes,  or  to  provide  relief  in  cases  of  general  epi- 
demic, pestilence  or  other  calamitous  visitation,  and 
property  to  or  from  fairs  or  expositions  for  exhibit 
thereat;  also  contractors  and  their  employes,  material 
or  supplies  for  use  or  engaged  in  carrying  out  their  con- 
tracts with  said  carriers,  for  construction,  operation 
or  maintenance  work  or  work  incidental  thereto  on  the 
line  of  the  issuing  carrier,  to  the  extent  only  that  such 
free  or  reduced-rate  transportation  is  provided  for  in  the 
specifications  upon  which  the  contract  Is  based  and  in 
the  contract  itself.  Common  carriers  may  also  enter 
Into  contracts  with  telegraph  and  telephone  corporations 
for  an  exchange  of  service. 

Greater  than  schedule  charges  forbidden,  (b)  Except 
as  in  this  section  otherwise  provided,  no  public  utility, 
shall  charge,  demand,  collect  or  receive  a  greater  or  less 
or  different  compensation  for  any  product  or  commodity 
furnished  or  to  be  furnished,  or  for  any  service  rendered 
or  to  be  rendered,  than  the  rates,  tolls,  rentals  and 
charges  applicable  to  such  product  or  commodity  or 
service  as  specified  in  its  schedules  on  file  and  in  effect 
at  the  time,  nor  shall  any  such  public  utility  refund  or 
remit,  directly  or  indirectly,  in  any  manner  or  by  any 
device,  any  portion  of  the  rates,  tolls,  rentals  and 
charges  so  specified,  nor  extend  to  any  corporation  or 
person  any  form  of  contract  or  agreement  or  any  rule 
or  regulation  or  any  facility  or  privilege  except  such 
as  are  regularly  and  uniformly  extended  to  all  corpora- 
tions and  persons;  provided,  that  the  commission  may 
by  rule  or  order  establish  such  exceptions  from  the 
operation  of  this  prohibition  as  it  may  consider  just 
and  reasonable  as  to  each  public  utility. 

Telegraph  and  telephone  schedules.  §  18.  Every  com- 
mon carrier  and  every  telegraph  and  telephone  corpora- 
tion shall  print  and  file  or  cause  to  be  filed  with  the 
commission  schedules  showing  all  the  rates,  fares,  tolls, 
rentals,  charges  and  classifications  for  the  transportation 
of  persons  or  property  or  the  transmission  of  messages 
or  conversations  between  all  points  within  this  State 
and  all  points  without  the  State  uron  its  route,  and 
between  all  points  within  this  State  and  all  points  with- 
out the  State  upon  every  route  leased,  operated  or  con- 
trolled by  It,  and  between  all  points  on  its  route  or 
upon  any  route,  leased,  operated  or  controlled  by  it 
within  this  State  and  all  points  without  the  State  upon 
the  route  of  any  other  common  carrier  or  telegraph  or 
telephone  corporation,  whenever  a  through  route  and 
joint  rate  shall  have  been  established  between  any  two 
such  points. 

Preferences  forbidden.  §  19.  No  public  utility  shall,  as 
to  rates,  charges,  service,  facilities  or  in  any  other  re- 
spect, make  or  grant  any  preference  or  advantage  to 
any  corporation  or  person  or  subject  any  corporation 
or  person  to  any  prejudice  or  disadvantage.  No  public 
utility  shall  establish  or  maintain  any  unreasonable  dif- 
ference as  to  rates,  charges,  service,  facilities  or  in  any 
other  respect,  either  as  between  localities  or  as  between 
classes    of    service.      The    commission    shall    have    the 


power  to  determine  any  question  of  fact  arising  under 
this  section. 

Utility  may  profit  from  its  own  efficiency.  §  20.  Nothing 
in  this  Act  shall  be  taken  to  prohibit  any  public  utility 
from  itself  profiting,  to  the  extent  permitted  by  the  com- 
mission, from  any  economies,  efficiencies  or  improve- 
ments which  it  may  make,  and  from  distributing  by  way 
of  dividends,  or  otherwise  disposing  of,  the  profits  to 
which  it  may  be  so  entitled,  and  the  commission  is 
authorized  to  make  or  permit  such  arrangement  or  ar- 
rangements with  any  public  utility  as  It  may  deem  wise 
for  the  purpose  of  encouraging  economies,  efficiencies  or 
improvements  and  securing  to  the  public  utility  making 
the  same  such  portion,  if  any,  of  the  profits  thereof  as 
the  commission  may  determine. 

Sliding  scale  of  charges.  §  21.  Nothing  In  this  Act  shall 
be  taken  to  prohibit  a  corporation  or  person  engaged  in 
the  production,  generation,  transmission  or  furnishing  of 
heat,  light,  water  or  power,  or  telegraph  or  telephone 
service,  from  establishing  a  sliding  scale  of  charges; 
provided,  that  a  schedule  showing  such  scale  of  charges 
shall  first  have  been  filed  with  the  commission  and 
such  schedule  and  each  rate  set  out  therein  approved  by 
It.  Nothing  in  this  Act  shall  be  taken  to  prohibit  any 
such  corporation  or  person  from  entering  Into  an  ar- 
rangement for  a  fixed  period  for  the  automatic  adjust- 
ment of  charges  for  heat,  light,  water  or  power,  or  tele- 
graph or  telephone  service,  in  relation  to  the  dividends 
to  be  paid  to  stockholders  of  such  corporation,  or  the 
profit  to  be  realized  by  such  i)erson;  provided,  that  a 
schedule  showing  the  scale  of  charges  under  such  ar- 
rangement shall  first  have  been  filed  with  the  com- 
mission and  such  schedule  and  each  rate  set  out  therein 
approved  by  It.  Nothing  in  this  section  shall  prevent 
the  commission  from  revoking  its  approval  at  any  time 
and  fixing  other  rates  and  charges  for  the  product  or 
commodity   or   service,   as   authorized   by   this  Act. 

Facilities.  §  22.  (a)  Every  common  carrier  shall  af- 
ford all  reasonable,  proper  and  equal  facilities  for  the 
prompt  and  efficient  interchange  and  transfer  of  pas- 
sengers, tonnage  and  cars,  loaded  or  empty,  between  the 
lines  owned,  operated,  controlled  or  leased  by  It  and  the 
lines  of  every  other  common  carrier,  and  shall  make 
such  interchange  and  transfer  promptly  without  dis- 
crimination between  shippers,  passengers  or  carriers 
either  as  to  compensation  charged,  service  rendered  or 
facilities  afforded.  Every  railroad  corporation  shall 
receive  from  every  other  railroad  corporation,  at  any 
point  of  connection,  freight  cars  of  proper  standard 
and  in  proper  condition,  and  shall  haul  the  same  either 
to  destination,  if  the  destination  be  upon  a  line  owned, 
operated  or  controlled  by  such  railroad  corporation,  or 
to  point  of  transfer  according  to  route  billed,  if  the 
destination  be  upon  the  line  of  some  other  railroad 
corporation. 

Nothing  in  this  section  contained  shall  be  construed 
as  in  anywise  limiting  or  modifying  the  duty  of  a  com- 
mon carrier  to  establish  joint  rates,  fares  and  charges 
for  the  transportation  of  passengers  and  property  over 
the  lines  owned,  operated,  controlled  or  leased  by  it  and 
the  lines  of  other  common  carriers,  nor  as  in  any  man- 
ner limiting  or  modifying  the  power  of  the  commission 
to  require  the  establishment  of  such  joint  rates,  fares 
and  charges. 

Connecting  telephone  lines,  (b)  Every  telephone  cor- 
poration and  telegraph  corporation  operating  in  this 
State  shall  receive,  transmit  and  deliver,  without  dis- 
crimination or  delay,  the  conversations  and  messages  of 
every  other  telephone  or  telegraph  corporation  with 
whose  line  a  physical  connection  may  have  been  made. 

False  billing,  etc.  §  23.  (a)  No  common  carrier,  or 
any  officer  or  agent  thereof,  or  any  person  acting  for 
or  employed  by  it,  shall  by  means  of  known  false  billing, 
classification,  weight,  weighing,  or  report  of  weight, 
or  by  any  other  device  or  means  assist,  suffer  or  permit 
any  corporation  or  person  to  obtain  transportation  for 
any  person  or  property  between  points  within  this  State 
at  less  than  the  rates  and  fares  then  established  and 
In  force  as  shown  by  the  schedules  filed  and  In  effect  at 
the  time.  No  person,  corporation,  or  any  officer,  agent 
or  employe  of  a  corporation  shall,  by  means  of  false 
billing,   false  or  incorrect  classification,   false   weight  or 


318 


National  Association  of  Eailwat  Commissioners 


1 


weighing,  false  representation  as  to  contents  or  sub- 
stance of  a  package,  or  false  report  or  statement  of 
weight,  or  by  any  other  device  or  means,  whether  with 
or  without  the  consent  or  connivance  of  a  common  car- 
rier or  any  of  its  officers,  agents  or  employes,  seek  to 
obtain  or  obtain  such  transportation  for  such  property 
at  less  than  the  rates  then  established  and  in  force 
therefor. 

Reiates.  (b)  No  person  or  corporation,  or  any  officer, 
agent  or  employe  of  a  corporation,  shall  knowingly,  di- 
rectly or  Indirectly,  by  any  false  statement  or  represen- 
tation as  to  cost  or  value,  or  the  nature  or  extent  of 
an  injury,  or  by  the  use  of  any  false  billing,  bill  of 
lading,  receipt,  voucher,  roll,  account,  claim,  certificate, 
affldavft  or  deposition,  or  upon  any  false,  fictitious  or 
fraudulent  statement  or  entry,  obtain  or  attempt  to  ob- 
tain any  allowance,  rebate  or  payment  for  damage.  In 
connection  with  or  growing  out  of  the  transportation 
of  persons  or  property,  or  an  agreement  to  transport 
such  persons  or  property,  whether  with  or  without  the 
consent  or  connivance  of  a  common  carrier  or  any  of 
its  officers,  agents  or  employes;  nor  shall  any  common 
carrier,  or  any  officer,  agent  or  employe  thereof,  know- 
ingly pay  or  offer  to  pay  any  such  allowance,  rebate  or 
claim  for  damage. 

Long  and  short  haul.  §  24.  (a)  No  common  carrier 
subject  to  the  provisions  of  this  Act  shall  charge  or 
receive  any  greater  compensation  in  the  aggregate  for 
the  transportation  of  persons  or  of  a  like  kind  of 
property  for  a  shorter  than  for  a  longer  distance  over 
the  same  line  or  route  in  the  same  direction,  within  this 
State,  the  shorter  being  included  within  the  longer  dis- 
tance, or  charge  any  greater  compensation  as  a  through 
rate  than  the  aggregate  of  the  intermediate .  rates ;  but 
this  shall  not  be  construed  as  outhorizing  any  such  com- 
mon carrier  to  charge  or  receive  as  great  a  compensa- 
tion for  a  shorter  as  for  a  longer  distance  or  haul. 
Upon  application  to  the  commission,  such  common  car- 
rier may,  in  special  cases,  after  investigation,  be  author- 
ized by  the  commission  to  charge  less  for  a  longer  than 
for  a  shorter  distance  for  the  transportation  of  persons 
or  property,  and  the  commission  may  from  time  to  time 
prescribe  the  extent  to  which  such  carrier  may  be 
relieved  from  the  operation  and  requirements  of  this 
section. 

Long  and  short  distance  'by  icire. .  (b)  No  telephone  or 
telegraph  corporation  subject  to  the  provisions  of  this 
Act  shall  charge  or  receive  any  greater  compensation  in 
the  aggregate  for  the  transmission  of  any  long  distance 
message  or  conversation  for  a  shorter  than  for  a  longer 
distance  over  the  same  line  or  route  in  the  same  di- 
rection, within  this  State,  the  shorter  being  Included 
within  the  longer  distance,  or  charge  any  greater  com- 
pensation for  a  through  service  than  the  aggregate 
of  the  intermediate  rates  or  tolls  subject  to  the  pro- 
visions of  this  Act;  but  this  shall  not  be  construed  as 
authorizing  any  such  telephone  or  telegraph  corporation 
to  charge  and  receive  as  great  a  compensation  for  a 
shorter  as  for  a  longer  distance.  Upon  application  to 
the  commission,  a  telephone  or  telegraph  corporation 
may,  in  special  cases,  after  investigation,  be  authorized 
by  the  commission  to  charge  less  for  a  longer  than  for 
a  shorter  distance  service  for  the  transmission  of  mes- 
sages or  conversations,  and  the  commission  may  from 
time  to  time  prescribe  the  extent  to  which  such  telephone 
or  telegraph  corporation  may  be  relieved  from  the  opera- 
tion and  requirements  of  this  section. 

Switches  and  sidetracks.  §  25.  (a)  Every  railroad 
corporation,  upon  the  application  of  any  corporation  or 
person,  being  a  shipper  or  receiver  or  contemplated 
ehlpper  or  receiver  of  freight,  for  a  connection  between 
the  railroad  of  such  railroad  corporation  and  any  exist- 
ing or  contemplated  private  track,  tracks  or  railroad  of 
such  corporation  or  person,  shall  make  such  connection 
and  provide  such  switches  and  tracks  as  may  be  neces- 
sary for  that  purpose  and  deliver  and  receive  cars  there- 
over; provided,  that  such  connection  is  reasonably  prac- 
ticable and  can  be  installed  and  used  without  materially 
increasing  the  hazard  of  the  operation  of  the  railroad 
with  which  such  connection  is  sought,  and  that  the  busi- 
ness which  may  reasonably  be  expected  to  be  received 
by    such    railroad    corporation   over    such    connection    Is 


sufficient  to  justify  the   expense   of   such   connection  to 
such  railroad  corporation. 

Duty  of  railroad,  (b)  Under  the  conditions  specified 
in  the  proviso  in  subsection  (a)  hereof,  every  railroad 
corporation,  upon  the  application  of  any  corporation  or 
person,  being  a  shipper  or  receiver  or  contemplated  ship- 
per or  receiver  of  freight,  shall  construct  upon  its  right 
of  way  a  spur  or  spurs  for  the  purpose  of  receiving  and 
delivering  freight  thereby,  and  shall  receive  and  deliver 
freight  thereby. 

Public  utility  conducted  by  foreign  corporation.  §  26. 
No  foreign  corporation,  other  than  those  which  by  a 
compliance  with  the  laws  of  this  State  are  entitled  to 
transact  a  public  utility  business  within  this  State,  shall 
henceforth  transact  within  this  State  any  public  utility 
business,  nor  shall  any  foreign  corporation  which  is  at 
present  lawfully  transacting  business  within  this  Sta-.e 
henceforth  transact  within  this  State  any  public  utllHy 
business  of  a  character  different  from  that  which  it  is 
at  present  authorized  by  its  charter  or  articles  of  In- 
corporation to  transact,  nor  shall  any  license,  permit 
or  franchise  to  own,  control,  operate  or  manage  ary 
public  utility  business  or  any  part  or  incident  thereof 
be  henceforth  granted  or  transferred,  directly  or  indi- 
rectly, to  any  foreign  corporation  which  is  not  at  pres- 
ent lawfully  transacting  within  this  State  a  public  utility 
business  of  like  character;  provided,  that  foreign  cor- 
porations engaging  in  commerce  with  foreign  nations  c  r 
commerce  among  the  several  States  of  this  Union  may 
transact  within  this  State  such  commerce  and  intrastale 
commerce  of  a  like   character. 

Five  cent  street  railway  fares.  §  27.  No  street  or  inte  •- 
urban  railroad  corporation  shall  charge,  demand,  coUei  t 
or  receive  more  than  5  cents  for  one  continuous  ride  li 
the  same  general  direction  within  the  corporate  limits 
of  any  city  and  county,  or  city  or  town,  except  upon  i 
showing  before  the  commission  that  such  greater  charg  j 
is  justified;  provided,  that  until  the  decision  of  the  con  - 
mission  upon  such  showing,  a  street  or  interurban  ral  - 
road  corporation  may  continue  to  demand,  collect  and  r  - 
celve  the  fare  in  effect  on  October  10,  1911,  or  at  th  } 
time  the  commission  acquires  as  to  such  corporation  th  j 
power  to  fix  fares  within  such  city  and  county,  or  clt ' 
or  town.  Every  street  or  interurban  railroad  corpor  - 
tion  shall  upon  such  terms  as  the  commission  shall  find  t ) 
be  just  and  reasonable  furnish  to  its  passengers  transfei  j 
entitling  them  to  one  continuous  trip  in  the  same  generi  I 
direction  over  and  upon  the  portions  of  its  lines  withi  i 
the  same  city  and  county,  or  city  or  town,  not  reache  I 
by  the  originating  car. 

Utilities  to  furnish  tabulations,  etc.  §28.  (a)  Ever/ 
public  utility  shall  furnish  to  the  commission  in  sue  i 
form  and  such  detail  as  the  commission  shall  prescrib » 
all  tabulations,  computations  and  all  other  informatio  i 
required  by  it  to  carry  into  effect  any  of  the  provisions 
of  this  Act,  and  shall  make  specific  answers  to  all  ques- 
tions submitted  by  the  commission. 

To  fill  blanks,  (b)  Every  public  utility  receiving  froi  i 
the  commission  any  blanks  with  directions  to  fill  the 
same  shall  cause  the  same  to  be  properly  filled  out  bo 
as  to  answer  fully  and  correctly  each  question  pro- 
pounded therein;  in  case  it  is  unable  to  answer  any 
question,  it  shall  give  a  good  and  sufficient  reason  fcr 
such  failure. 

Copies  of  contracts,  (c)  Whenever  required  by  the 
commission,  every  public  utility  shall  deliver  to  the  com- 
mission copies  of  any  or  all  maps,  profiles,  contracts, 
agreements,  franchises,  reports,  books,  accounts,  papeis 
and  records  in  Its  possession  or  in  any  way  relating  to 
its  property  or  affecting  its  business,  and  also  a  com- 
plete Inventory  of  all  its  property  in  such  form  as  the 
commission  may  direct. 

Information  not  to  be  divulged,  (d)  No  information 
furnished  to  the  commission  by  a  public  utility,  excejit 
such  matters  as  are  specifically  required  to  be  open  to 
public  inspection  by  the  provisions  of  this  Act,  shall  be 
open  to  public  inspection  or  made  public  except  on  order 
of  the  commission,  or  by  the  commission  or  a  commis- 
sioner in  the  course  of  a  hearing  or  proceeding.  Any 
officer  or  employe  of  the  commission  who,  in  violation 
of  the  provisions  of  this  subsection,  divulges  any  such 
information  shall  be  guilty  of  a  misdemeanor. 


Public  Service  Laws 


319 


Utilities  to  make  annual  reports.  §  29.  Every  public 
utility  shall  annually  furnish  to  the  commission  at  such 
time  and  in  such  form  as  the  commission  may  require  a 
report  in  which  the  utility  shall  specifically  answer  all 
questions  propounded  by  the  commission  upon  or  con- 
cerning which  the  commission  may  desire  information. 
The  commission  shall  have  authority  to  require  any 
public  utility  to  file  monthly  reports  of  earnings  and 
expenses,  and  to  file  peric^dlcal  or  special,  or  both  peri- 
odical and  special  reports  Concerning  any  matter  about 
which  the  commission  is  authorized  by  this  or  any  other 
act  to  inquire  or  to  keep  itself  informed,  or  which  it  is 
required  to  enforce.  All  reports  shall  be  under  oath 
when  required  by  the  commission. 

To  obey  orders  and  rules.  §  30.  Every  public  utility 
shall  obey  and  comply  with  each  and  every  requirement 
of  every  order,  decision,  direction,  rule  or  regulation 
made  or  prescribed  by  the  commission  in  the  matters 
herein  specified,  or  any  other  matter  in  any  way  relating 
to  or  affecting  its  business  as  a  public  utility,  and  shall 
do  everything  necessary  or  proper  in  order  to  secure 
compliance  with  and  observance  of  every  such  order, 
decision,  direction,  rule  or  regulation  by  all  of  its  officers, 
agents    and    employes. 

General  power  to  regulate  utilities.  §  31.  The  railroad 
commission  is  hereby  vested  with  power  and  jurisdiction 
to  supervise  and  regulate  every  public  utility  in  the 
State  and  to  do  all  things,  whether  herein  specifically 
designated  or  in  addition  thereto,  which  are  necessary 
and  convenient  in  the  exercise  of  such  power  and  juris- 
diction. 

Commission  to  fix  rates.  §  32.  (a)  Whenever  the  com- 
mission, after  a  hearing  had  upon  its  own  motion  or 
upon  complaint,  shall  find  that  the  rates,  fares,  tolls, 
rentals,  charges  or  classifications,  or  any  of  them,  de- 
manded, observed,  charged  or  collected  by  any  public 
utility  for  any  service  or  product  or  commodity,  or  in 
connection  therewith,  including  the  rates  or  fares  for 
excursion  of  commutation  tickets,  or  that  the  rules,  regu- 
lations, practices  or  contracts,  or  any  of  them,  affecting 
such  rates,  fares,  tolls,  rentals,  charges  or  classifications, 
or  any  of  them,  are  unjust,  unreasonable,  discriminatory 
or  preferential,  or  in  anywise  in  violation  of  any  pro- 
vision of  law,  or  that  such  rates,  fares,  tolls,  rentals, 
charges  or  classifications  are  insufficient,  the  commission 
shall  determine  the  just,  reasonable  or  sufficient  rates, 
fares,  tolls,  rentals,  charges,  classifications,  rules,  regu- 
lations, practices  or  contracts  to  be  thereafter  observed 
and  in  force,  and  shall  fix  the  same  by  order  as  herein- 
after provided. 

To  investigate  upon  its  own  motion,  (b)  The  commis- 
sion shall  have  power,  upon  a  hearing,  had  upon  its  own 
motion  or  upon  complaint,  to  investigate  a  single  rate, 
fare,  toll,  rental,  charge,  classification,  rule,  regulation, 
contract  or  practice,  or  any  number  thereof,  or  the  entire 
schedule  or  schedules  of  rates,  fares,  tolls,  rentals, 
charges,  classifications,  rules,  regulations,  contracts  and 
practices,  or  any  thereof,  of  any  public  utility,  and  to 
establish  new  rates,  fares,  tolls,  rentals,  charges,  classi- 
fications, rules,  regulations  contracts  or  practices,  or 
schedule  or  schedules,  in  lieu  thereof. 

Commission  may  order  through  routes  and  joint  rates. 
§  23.  Whenever  the  commission,  after  a  hearing  had  upon 
its  own  motion  or  upon  complaint,  shall  find  that  the 
rates,  fares  or  charges  in  force  over  two  or  more  common 
carriers,  between  any  two  points  in  this  State,  are  un- 
just, unreasonable  or  excessive,  or  that  no  satisfactory 
through  route  cr  joint  rate,  fare  or  charge  exists  between 
such  points,  and  that  the  public  convenience  and  neces- 
sity demand  the  establishment  of  a  through  route  and 
joint  rate,  fare  or  charge  between  such  points,  th'e  com- 
mission may  order  such  common  carriers  to  establish 
such  through  route  and  may  establish  and  fix  a  joint 
rate,  fare  or  charge  which  will  be  fair,  just,  reasonable 
■  and  sufficient,  to  be  followed,  charged,  enforced,  de- 
manded and  collected  in  the  future,  and  the  terms  and 
conditions  under  which  such  through  route  shall  be 
operated.  The  commission  may  order  that  freight  moving 
between  such  points  shall  be  carried  by  the  different 
common  carriers,  parties  to  such  through  route  and 
joint  rate,  without  being  transferred  from  the  originating 
cars.     In  case  the  common  carriers   do  not   agree  upon 


the  division  between  them  of  the  joint  rates,  fares  or 
charges  established  by  the  commission  over  such  through 
routes,  the  commission  shall,  after  hearing,  by  supple- 
mental order,  establish  such  division;  provided,  that 
where  any  railroad,  which  is  made  a  party  to  a  through 
route,  has  itself  over  its  own  line  an  equally  satisfactory 
through  route  between  the  termini  of  the  through  route 
established,  such  railroad  shall  have  the  right  to  re- 
quire as  its  division  of  the  joint  rate,  fare  or  charge 
its  local  rate,  fare  or  charge  over  the  portion  of  its 
line  comprised  in  such  through  route,  and  the  commis- 
sion may,  in  its  discretion,  allow  to  such  railroad  more 
than  its  local  rate,  fare  or  charge  whenever  it  will  be 
equitable  so  to  do.  The  commission  shall  have  the 
power  to  establish  and  fix  through  routes  and  joint  rates, 
fares  or  charges  over  common  carriers  and  stage  or  auto 
stage  lines  and  to  fix  the  division  of  such  joint  rates, 
fares  or  charges. 

To  investigate  proposed  changes.  §  34.  The  commission 
shall  have  the  power  to  investigate  all  existing  or  pro- 
posed interstate  rates,  fares,  tolls,  charges  and  classi- 
fications, and  all  rules  and  practices  in  relation  thereto, 
for  or  in  relation  to  the  transportation  of  persons  or 
property  or  the  transmission  of  messages  or  conversa- 
tions, where  any  Act  in  relation  thereto  shall  take  place 
within  this  State;  and  when  the  same  are,  in  the  opinion 
of  the  commission,  excessive  or  discriminatory  or  in 
violation  of  the  Act  of  congress  entitled  "An  Act  to 
regulate  commerce,"  approved  February  4,  1887,  and  the 
Acts  amendatory  thereof  and  supplementary  thereto,  or 
of  any  other  Act  of  congress,  or  in  conflict  with  the 
rulings,  orders  cr  regulations  of  the  Interstate  Commerce 
Commission,  the  commission  may  apply  by  petition  or 
otherwise  to  the  Interstate  Commerce  Commission  or  to 
any  court  of   competent  jurisdiction   for   relief.  , 

To  substitute  just  practices,  etc.  §  35.  Whenever  the 
commission,  after  a  hearing  had  upon  its  own  motion 
or  upon  complaint,  shall  find  that  the  rules,  regulations, 
practices,  equipment,  appliances,  facilities  or  service  of 
any  public  utility,  or  the  methods  of  manufacture,  distri- 
bution, transmission,  storage  or  supply  employed  by  it, 
are  unjust,  unreasonable,  unsafe,  improper,  inadequate 
or  insufficient,  the  commission  shall  determine  the  just, 
reasonable,  safe,  proper,  adequate  or  sufficient  rules, 
regulations,  practices,  equipment,  appliances,  facilities, 
service  or  methods  to  be  observed,  furnished,  constructed, 
enforced  or  employed  and  shall  fix  the  same  by  its  order, 
rule  or  regulation.  The  commission  shall  prescribe  rules 
and  regulations  for  the  performance  of  any  service  or 
the  furnishing  of  any  commodity  of  the  character  fur- 
nished or  supplied  by  any  public  utility,  and,  on  proper 
demand  and  tender  of  rates,  such  public  utility  shall 
furnish  such  commodity  or  render  such  service  within 
the  time  and  upon  the  conditions  provided  in  such  rules. 

To  order  repairs,  improvements,  etc.  §  36.  Whenever 
the  commission,  after  a  hearing  had  upon  its  own  motion 
or  upon  complaint,  shall  find  that  additions,  extensions, 
repairs  or  improvements  to,  or  changes  in,  the  existing 
plant,  equipment,  apparatus,  facilities  or  other  physical 
property  of  any  public  utility  or  of  any  two  or  more 
public  utilities  ought  reasonably  to  be  made,  or  that  a 
new  structure  or  structures  should  be  erected,  to  pro- 
mote the  security  or  convenience  of  its  employes  or  the 
public,  cr  in  any  other  way  to  secure  adequate  service 
or  facilities,  the  commission  shall  make  and  serve  an 
order  directing  that  such  additions,  extensions,  repairs, 
improvements  or  changes  be  made  or  such  structure  or 
structures  be  erected  in  the  manner  and  within  the 
time  specified  in  said  order.  If  the  commission  orders 
the  erection  of  a  new  structure,  it  may  also  fix  the  site 
thereof.  If  any  additions,  extensions,  repairs  improve- 
ments or  changes,  or  any  new  structure  or  structures 
which  the  commission  has  ordered  to  be  erected,  require 
joint  action  by  two  or  more  public  utilities,  the  commis- 
sion shall  notify  the  said  public  utilities  that  such  addi- 
tions, extensions,  repairs,  improvements  or  changes  or 
new  structure  or  structures  have  been  ordered  and  that 
the  same  shall  be  made  at  their  joint  cost,  whereupon 
the  said  public  utilities  shall  have  such  reasonable  time 
as  the  commission  may  grant  within  which  to  agree 
upon  the  portion  or  division  of  cost  of  such  additions, 
extensions,    repairs,    improvements    or    changes    or    new 


320 


National  Association  of  Railway  Commissioners 


structure  or  structures,  which  each  shall  bear.  If  at 
the  expiration  of  such  time  such  public  utilities  shall  fall 
to  file  with  the  commission  a  statement  that  an  agree- 
ment has  been  made  for  a  division  or  apportionment  of 
the  cost  or  expense  of  such  additions,  extensions,  repairs. 
Improvements  or  changes,  or  new  structure  or  structures, 
the  commission  shall  have  authority,  after  further  hear- 
ing, to  make  an  order  fixing  the  proportion  of  such  cost 
or  expense  to  be  borne  by  each  public  utility  and  the 
manner  in  which  the  same  shall  be  paid  or  secured. 

To  increase  number  of  cars.  §  37.  Whenever  the  com- 
mission, after  a  hearing  had  upon  its  own  motion  or 
upon  complaint,  shall  find  that  any  railroad  corporation 
or  street  railroad  corporation  does  not  run  a  suflScient 
number  of  trains  or  cars,  or  possess  or  operate  sufficient 
motive  power,  reasonably  to  accommodate  the  traffic, 
passenger  or  freight,  transported  by  or  offered  for  trans- 
portation to  it,  or  does  not  run  its  trains  or  cars  with 
sufficient  frequency  or  at  a  reasonable  or  proper  time 
having  regard  to  safety,  or  does  not  stop  the  same  at 
proper  places,  or  does  not  run  any  train  or  trains,  car 
or  cars,  upon  a  reasonable  time  schedule  for  the  run, 
the  commission  shall  have  power  to  make  an  order 
directing  any  such  railroad  corporation  or  street  rail- 
road corporation  to  increase  the  number  of  its  trains  or 
of  its  cars  or  its  motive  power  or  to  change  the  time 
for  starting  its  trains  or  cars  or  to  change  the  time 
schedule  for  the  run  of  any  train  or  car,  or  to  change 
the  stopping  place  or  places  thereof,  or  to  make  any 
other  order  that  the  commission  may  determine  to  be 
reasonably  necessary  to  accommodate  and  transport  the 
traffic,  passenger  or  freight,  transported  or  ottered  for 
transportation.  , 

To  order  connections  between  lines.  §  38.  Whenever 
the  commission,  after  a  hearing  had  upon  its  own  mo- 
tion or  upon  complaint,  shall  find  that  the  public  con- 
venience and  necessity  would  be  subserved  by  having 
connections  made  between  the  tracks  of  any  two  or 
more  railroad  or  street  railroad  corporations,  so  that 
cars  may  readily  be  transferred  from  one  to  the  other, 
at  any  of  the  points  hereinafter  in  this  section  specified, 
the  commission  may  order  any  two  or  more  such  corpora- 
tions owning,  controlling,  operating  or  managing  tracks 
of  the  same  gauge  to  make  physical  connections  at  any 
and  all  crossings,  and  at  all  points  where  a  railroad  or 
street  railroad  shall  begin  or  terminate  or  run  near  to 
any  other  railroad  or  street  railroad.  After  the  necessary 
franchise  or  permit  has  been  secured  from  the  city  and 
county,  or  city  or  town,  the  commission  may  likewise 
order  such  physical  connection,  within  •  such  city  and 
county,  or  city  cr  town,  between  two  or  more  railroads 
which  enter  the  limits  of  the  same.  The  commission 
shall  by  order  direct  whether  the  expense  of  the  con- 
nections referred  to  in  this  section  shall  be  borne  jointly 
or  otherwise. 

To  order  spurs,  etc.  §  39.  (a)  Whenever  the  commis- 
eion,  after  a  hearing  had  upon  its  own  motion  or  upon 
complaint,  shall  find  that  application  has  been  made  by 
any  corporation  or  person  to  a  railroad  corporation  for 
a  connection  cr  spur  as  provided  in  §  25  of  this  Act,  and 
that  the  railroad  corporation  has  refused  to  provide  such 
connection  or  spur  and  that  the  applicant  is  entitled  to 
have  the  same  provided  for  him  under  said  §  25,  the 
commission  shall  make  an  order  requiring  the  provid- 
ing of  such  connection  or  spur  and  the  maintenance  and 
use  of  the  same  upon  reasonable  terms  which  the  com- 
mission shall  have  the  power  to  prescribe.  Whenever 
any  such  connection  or  spur  has  been  so  provided,  any 
corporation  or  person  shall  be  entitled  to  connect  with 
the  private  track,  tracks  or  railroad  thereby  connected 
with  the  railroad  of  the  railroad  corporation  and  to  use 
the  same  or  to  use  the  spur  so  provided  upon  payment 
to  the  party  or  parties  incurring  the  primary  expense 
of  such  private  track,  tracks  or  railroad,  or  the  connec- 
tion therewith  or  of  such  spur,  of  a  reasonable  propor- 
tion of  the  cost  thereof  to  be  determined'  by  the  com- 
mission after  notice  to  the  interested  parties  and  a  hear- 
ing thereon,  provided  that  such  connection  and  use  can 
be  made  without  unreasonable  Interference  with  the 
rights  of  the  party  or  parties  Incurring  such  primary 
expense. 

To  order  switching,     (b)     The  commission  shall  like- 


wise have  the  power  to  require  one  railroad  corporation 
to  switch  to  private  spurs  and  Industrial  tracks  upon  Its 
own  railroad  the  cars  of  a  connecting  railroad  corpora- 
tion and  to  prescribe  the  terms  and  compensation  for 
such  service. 

To  order  physical  connections.  §  40.  Whenever  the 
commission,  after  a  hearing  had  upon  its  own  motion  or 
upon  complaint,  shall  find  that  a  physical  connection 
can  reasonably  be  made  between  the  lines  of  two  or 
more  telephone  corporations  or  two  or  more  telegraph 
corporations  whose  lines  can  be  made  to  form  a  con- 
tinuous line  of  cummunication,  by  the  construction  and 
maintenance  of  suitable  connections  for  the  transfer  of 
messages  or  conversations,  and  that  public  convenience 
and  necessity  will  be  subserved  thereby,  or  shall  find 
that  two  or  more  telegraph  or  telephone  corporations 
have  failed  to  establish  joint  rates,  tolls  or  charges  for 
service  by  or  over  their  said  lines,  and  that  joint  rates, 
tolls  or  charges  ought  to  be  established,  the  commission 
may,  by  its  order,  require  that  such  connection  be  madj, 
except  where  the  purpose  of  such  connection  is  primarily 
to  secure  the  transmission  of  local  messages  or  con- 
versations between  points  within  the  same  city  and 
county,  or  city  or  town,  and  that  conversations  be  trann- 
mltted  and  messages  transferred  over  such  connectloa 
under  such  rules  and  regulations  as  the  commission  may 
establish,  and  prescribe  through  lines  and  joint  rateii, 
tolls  and  charges  to  be  made,  and  to  be  used,  observe! 
and  in  force  in  the  future.  If  such  telephone  or  teh  - 
graph  corporations  do  not  agree  upon  the  division  b(  - 
tween  them  of  the  cost  of  such  physical  connection  or 
connections  or  the  division  of  the  joint  rates,  tolls  o  - 
charges  established  by  the  commission  over  such  throng,  i 
lines,  the  commission  shall  have  authority,  after  furthe  • 
hearing,  to  establish  such  division  by  supplemental  ordei . 

To  permit  one  utility  to  use  facilities  of  another.  §  41 . 
Whenever  the  commission,  after  a  hearing  had  upon  it ; 
own  motion  or  upon  complaint  of  a  public  utility  affected, 
shall  find  that  public  convenience  and  necessity  requin 
the  use  by  one  public  utility  of  the  conduits,  subways 
tracks,  wires,  poles,  pipes  or  other  equipment,  or  an; 
part  thereof,  en,  over  or  under  any  street  or  highway 
and  belonging  to  another  public  utility,  and  that  sucl 
use  will  not  result  in  irreparable  injury  to  the  owne 
or  other  users  of  such  conduits,  subways,  tracks,  wires 
poles,  pipes  or  other  equipment,  or  in  any  substantia 
detriment  to  the  service,  and  that  such  public  utilitiei 
have  failed  to  agree  upon  such  use  or  the  terms  an( 
conditions  or  compensation  for  the  same,  the  commis 
sion  may  by  order  direct  that  such  use  be  permitted 
and  prescribe  a  reasonable  compensation  and  reasonablt 
terms  and  conditions  for  the  joint  use.  If  such  use  b< 
directed,  the  public  utility  to  whom  the  use  is  permittee 
shall  be  liable  to  the  owner  or  other  users  ot  such  con 
duits,  subways,  tracks,  wires,  poles,  pipes  or  other  equip 
ment  for  such  damage  as  may  result  therefrom  to  th( 
property  of  such   owner  or  other   users   thereof. 

To  safeguard  employes.  §  42.  The  commission  shal 
have  power,  after  a  hearing  had  upon  its  own  motion  oi 
upon  complaint,  by  general  or  special  orders,  rules  or 
regulations,  or  otherwise,  to  require  every  public  utilitj 
to  maintain  and  operate  its  line,  plant,  system,  equip 
ment,  apparatus,  tracks  and  premises  in  such  manner  at 
to  promote  and  safeguard  the  health  and  safety  of  Its 
employes,  passengers,  customers  and  the  public,  and  tc 
this  end  to  prescribe,  among  other  things,  the  installa 
tion,  use,  maintenance  and  operation  of  appropriate 
safety  or  other  devices  or  appliances,  including  inter 
locking  and  other  protective  devices  at  grade  crossing!, 
or  junctions  and  block  or  other  systems  ot  signaling,  t{ 
establish  uniform  or  other  standards  of  equipment,  anc" 
to  require  the  performance  of  any  other  act  which  th«' 
health  or  safety  of  its  employes,  passengers,  customer!, 
or  the  public  may  demand.  , 

To  permit  crossings.  §  43.  (a)  No  public  road,  high- 
way or  street  shall  hereafter  be  constructed -across  the 
track  of  any  railroad  corporation  at  grade,  nor  shall  the 
track  of  any  railroad  corporation  be  constructed  across 
a  public  road,  highway  or  street  at  grade,  nor  shall  the 
track  of  any  railroad  corporation  be  constructed  across 
the  track  of  any  other  railroad  or  street  railroad  corpora- 
tion at  grade,   nor  shall   the   track   of  a  street  railroad 


Public  Service  Laws 


321 


corporation  be  constructed  across  the  track  of  a  railroad 
corporation  at  grade,  without  having  first  secured  the 
permission  cf  the  commission;  provided,  that  this  sub- 
section shall  not  apply  to  the  replacement  of  lawfully 
existing  tracks.  The  commission  shall  have  the  right  to 
refuse  its  permission  or  to  grant  it  upon  such  terms  and 
conditions  as  it  may   prescribe. 

To  abolish  grade  crossings,  (b)  The  commission  shall 
have  the  exclusive  power  ,to  determine  and  prescribe  the 
manner,  including  the  pam<iular  point  of  crossing,  and 
the  terms  of  installation,  operation,  maintenance,  use 
and  protection  of  each  crossing  of  one  railroad  by  an- 
other railroad  or  street  railroad,  and  of  a  street  railroad 
by  a  railroad,  and  of  each  crossing  of  a  public  road  or 
highway  by  a  railroad  or  street  railroad  and  of  a  street 
by  a  railroad  or  vice  versa,  subject  to  the  provisions  of 
1 2694  of  the  political  code,  so  far  as  applicable,  and  to 
alter  or  abolish  any  such  crossing,  and  to  require  where, 
In  its  judgment  it  would  be  practicable,  a  separation  of 
grades  at  any  such  crossing  heretofore  or  hereafter  estab- 
lished and  to  prescribe  the  terms  upon  which  such 
separation  shall  be  made  and  the  proportions  in  which 
the  expense  of  the  alteration  or  abolition  of  such  cross- 
ings or  the  separation  of  such  grades  shall  -be  divided 
between  the  railroad  or  street  railroad  corporations 
affected  or  between  such  corporations  and  the  State, 
county,  municipality  or  other  public  authority  in  Interest. 

To  investigate  accidents.  §  44.  The  commission  shall  in- 
vestigate the  cause  of  all  accidents  occurring  within  this 
State  upon  the  property  of  any  public  utility  or,  directly 
or  indirectly,  arising  from  or  connected  with  its  main- 
tenance or  operation,  resulting  in  loss  of  life  or  injury 
to  person  or  property  and  requiring,  in  the  judgment  of 
the  commission,  investigation  by  it,  and  shall  have  the 
power  to  make  such  order  or  recommendation  with  re- 
spect thereto  as,  in  its  judgment,  may  seem  just  and 
reasonable;  provided,  that  neither  the  order  or  recom- 
mendation of  the  commission  nor  any  accident  report 
filed  with  the  commission  shall  be  admitted  as  evidence 
in  any  action  for  damages  based  on  or  arising  out  Of 
the  loss  of  life,  or  injury  to  person  or  property,  in  this 
section  referred  to.  Every  public  utility  Is  hereby  re- 
quired to  file  with  the  commission,  under  such  rules  and 
regulations  as  the  commission  may  prescribe,  a  report 
of  each  accident  so  occurring  of  such  kinds  or  classes 
»s  the  commission  may,  from  time  to  time,  designate. 

Cars,  equipments,  facilities.  §  45.  (a)  The  commis- 
sion shall  have  power  to  provide  by  proper  rules  and 
regulations  the  time  within  which  all  railroad  corpora- 
tions shall  furnish,  after  demand  therefor,  all  cars, 
equipment  and  facilities  necessary  for  the  handling  of 
freight  in  carload  and  less  than  carload  lots,  the  time 
within  which  consignors  or  persons  ordering  cars  shall 
load  and  discharge  the  same  and  receive  freight  from  the 
or  persons  to  whom  freight  may  be  consigned  shall  un- 
load and  deschirge  the  same  and  receive  freight  from  the 
freight  rooms,  and  to  provide  penalties  to  be  paid  for 
failure  on  the  part  of  the  railroad  corporations,  con- 
signors and  consignees  to  conform  to  such  rules. 
Charges  for  demurrage  shall  be  uniform  so  that  the 
same  penalty  shall  be  paid  by  both  shipper  or  con- 
signee and  railroad  corporation  for  an  equal  number  of 
cars   for    each   day   for   which   demurrage   is    charged. 

Express  business,  (b)  The  commission  shall  also  have 
power  to  provide  the  time  within  which  express  pack- 
ages shall  be  received,  gathered,  transported  and  de- 
livered at  destination,  and  the  limits  within  which  ex- 
press packages  shall  be  gathered  and  distributed  and 
telegraph  and  telephone  messages  delivered  without  extra 
charge. 

Practice  of  gas,  water,  electrical  corporations.  §  46.  (a) 
The  commission  shall  have  power,  after  hearing  had 
upon  its  own  motion  or  upon  complaint,  to  ascertain 
and  fix  just  and  reasonable  standards,  classifications, 
regulations,  practices,  measurements  or  service  to  be 
furnished,  imposed,  observed  and  followed  by  all  elec- 
trical, gas  and  water  corporations;  to  ascertain  and  fix 
adequate  and  serviceable  standards  for  the  measure- 
ment of  quantity,  quality,  pressure,  initial  voltage  or 
other  condition  pertaining  to  the  supply  of  the  product, 
commodity  cir  service  furnished  or  rendered  by  any 
such   public   utility;    to   prescribe   reasonable   regulations 


for  the  examination  and  testing  of  such  product,  com- 
modity or  service  and  for  the  measurement  thereof;  to 
establish  reasonable  rules,  regulations,  specifications  and 
standards  to  secure  the  accuracy  of  all  meters  and  ap- 
pliances for  measurements;  and  to  provide  for  the  ex- 
amination and  testing  of  any  and  all  appliances  used 
for  the  measurement  of  any  product,  commodity  or  serv- 
ice of  any  such  public  utility. 

Right  of  visitation,  (b)  The  commissioners  and  their 
officers  and  employes  shall  have  power  to  enter  upon 
any  premises  occupied  by  any  public  utility,  for  the 
purpose  of  making  the  examinations  and  tests  and  exer- 
cising any  of  the  other  powers  provided  for  in  this  Act, 
and  to  set  up  and  use  on  such  premises  any  apparatus 
and  appliances  necessary  therefor.  The  agents  and  em- 
ployes of  such  public  utility  shall  have  the  right  to  be 
present  at  the  making  of  such  examinations  and  tests. 

Commission  to  test  products,  (c)  Any  consumer  or 
user  of  any  product,  commodity  or  service  of  a  public 
utility  may  have  any  appliance  used  in  the  measurement 
thereof  tested  upon  paying  the  fees  fixed  by  the  commission. 
The  commission  shall  establish  and  fix  reasonable  fees 
to  be  paid  for  testing  such  appliances  on  the  request 
of  the  consumer  or  user,  the  fee  to  be  paid  by  the 
consumer  or  user  at  the  time  of  his  request,  but  to  be 
paid  by  the  public  utility  and  repaid  to  the  consumer 
or  user  if  the  appliance  is  found  defective  or  incorrect 
to  the  disadvantage  of  the  consumer  or  user,  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  com- 
mission. 

To  ascertain  values.  §  47.  The  commission  shall  have 
power  to  ascertain  the  value  of  the  property  of  every 
public  utility  in  this  State  and  every  fact  which  in  its 
judgment  may  or  does  have  any  bearing  on  such  value. 
The  commission  shall  have  power  to  make  revaluations 
from  time  to  time  and  to  ascertain  all  new  construction, 
extensions  and  additions  to  the  property  of  every  public 
utility. 

To  establish  system  of  accounts.  §  48.  The  commis- 
sion shall  have  iwwer  to  establish  a  system  of  accounts 
to  be  kept  by  the  public  utilities  subject  to  its  juris- 
diction, or  to  classify  said  public  utilities  and  to  estab- 
lish a  system  of  accounts  for  each  class,  and  to  prescribe 
the  manner  in  which  such  accounts  shall  be  kept.  It 
may  also  in  its  discretion  prescribe  the  forms  of  ac- 
counts, records  and  memoranda  to  be  kept  by  such 
public  utilities,  including  the  accounts,  records  and 
memoranda  of  the  movement  of  traffic  as  well  as  the 
receipts  and  expenditures  of  moneys,  and  any  other 
forms,  records  and  memoranda  which  in  the  judgment  of 
the  commission  may  be  necessary  to  carry  out  any  of 
the  provisions  of  this  Act.  The  system  of  accounts 
established  by  the  commission  and  the  forms  of  accounts, 
records  and  memoranda  prescribed  by  it  shall  be  il> 
consistent,  in  the  case  of  corporations  subject  to  the 
provisions  of  the  Act  of  congress  entitled  "An  Act  to 
regulate  commerce,"  approved  February  4,  1887,  and  the 
Acts  amendatory  thereof  and  supplementary  thereto, 
with  the  systems  and  forms  from  time  to  time  estab- 
lished for  such  corporations  by  the  Interstate  Commerce 
Commission,  but  nothing  herein  contained  shall  affect 
the  power  of  the  commission  to  prescribe  forms  of  ac- 
counts, records  and  memoranda  covering  information 
in  addition  to  that  required  by  the  Interstate  Commerce 
Commission.  The  commission  may,  after  hearing  had 
upon  its  own  motion  or  upon  complaint,  prescribe  by 
order  the  accounts  in  which  particular  outlays  and  re- 
ceipts shall  be  entered,  charged  or  credited.  Where  the 
commission  has  prescribed  the  forms  of  accounts, 
records  or  memoranda  to  be  kept  by  any  public  utility 
for  any  of  its  business,  it  shall  thereafter  be  unlawful 
for  such  public  utility  to  keep  any  accounts,  records  or 
memoranda  for  such  business  other  than  those  so  pre- 
scribed, or  those  prescribed  by  or  under  the  authority 
of  any  other  State  or  of  the  United  States,  excepting 
such  accounts,  records  or  memoranda  as  shall  be  ex- 
planatory of  and  supplemental'  to  the  accounts,  records 
or  memoranda  prescribed  by  the  commission. 

Utilities  to  carry  depreciation  accounts.  §  49.  The  com- 
mission shall  have  power,  after  hearing,  to  require  any  or 
all  public  utilities  to  carry  a  proper  and  adequate  de- 
preciation account  in  accordance  with  such  rules,  regula- 


322 


Natioxal  Association  of  Eailwat  Comjiissioneks 


tions  and  forms  of  account  as  the  commission  may  pre- 
scribe. Tlie  commission  may,  from  time  to  time,  ascer- 
tain and  determine  and  by  order  fix  the  proper  and 
adequate  rates  o£  depreciation  of  the  several  classes  of 
property  of  each  public  utility.  Each  public  utility  shall 
conform  its  depreciation  accounts  to  the  rates  so  ascer- 
tained, determined  and  fixed,  and  shall  set  aside  the 
moneys  so  provided  for  out  of  earnings  and  carry  the 
same  in  a  depreciation  fund  and  expend  such  fund  only 
for  such  purposes  and  under  such  rules  and  regulations, 
both  as  to  original  expenditure  and  subsequent  re- 
placement as  the  commission  may  prescribe.  The  in- 
come from  investments  of  moneys  in  such  fund  shall  like- 
wise be   carried  in  such   fund. 

Commission  may  veto  proposed  new  utilities  extension, 
etc.  §  50.  (a)  No  street  railroad  corporation,  gas  corpo- 
ration, electrical  corporation,  telephone  corporation  or 
water  corporation  shall  henceforth  begin  the  construc- 
tion of  a  street  railroad,  or  of  a  line,  plant  or  system,  or 
of  any  extension  of  such  street  railroad  or  line  plant 
or  system  without  having  first  obtained  from  the  com- 
mission a  certificate  that  the  present  or  future  public 
convenience  and  necessity  require  or  will  require  such 
construction;  provided,  that  this  section  shall  not  be 
construed  to  require  any  such  corporation  to  secure  such 
certificate  for  an  extension  within  any  city  and  county 
or  city  or  town  within  which  it  shall  have  theretofore 
lawfully  commenced  operations,  or  for  an  extension  into 
territory  either  within  or  without  a  city  and  county  or 
city  or  town,  contiguous  to  its  street  railroad,  or  line, 
plant  or  system,  and  not  theretofore  served  by  a  pub- 
lic utility  of  like  character,  or  for  an  extension  within 
or  to  territory  already  served  by  it,  necessary  in  the 
ordinary  course  of  its  business;  and  provided,  further, 
that  if  any  public  utility,  in  constructing  or  extending 
its  line,  plant,  or  system,  shall  interfere  or  b€  about  to 
interfere  with  the  operation  of  the  line,  plant  or  system 
of  any  other  public  utility,  already  constructed,  the  com- 
mission, on  complaint  of  the  public  utility  claiming 
to  be  injuriously  affected,  may,  after  hearing,  make  such 
order  and  prescribe  such  terms  and  conditions  for  the 
location  of  the  lines,  plants  or  systems  affected  as  to 
it  may  seem  just  and  reasonable. 

May  veto  use  of  suspended  franchise,  (b)  No  public 
utility  of  a  class  specified  in  subsection  (a)  hereof  shall 
henceforth  exercise  any  right  or  privilege  under  any 
franchise  or  permit  hereafter  granted,  or  under  any 
franchise  or  permit  heretofore  granted,  but  not  heretofore 
actually  exercised,  or  the  exercise  of  which  has  been  sus- 
pended for  more  than  one  year,  without  first  having 
obtained  from  the  commission  a  certificate  that  public 
convenience  and  necessity  require  the  exercise  of  such 
right  and  privilege;  provided,  that  when  the  commission 
shall  find,  after  hearing,  that  a  public  utility  has  here- 
tofore begun  actual  construction  work  and  is  prosecuting 
such  work,  in  good  faith,  uninterruptedly  and  with  rea- 
sonable diligence  in  proportion  to  the  magnitude  of  the 
undertaking,  under  any  franchise  or  permit  heretofore 
granted,  but  not  heretofore  actually  exercised,  such  public 
utility  may  proceed,  under  such  rules  and  regulations 
as  the  commission  may  prescribe,  to  the  completion  of 
such  work,  and  may,  after  such  completion,  exercise  such 
right  or  privilege;  and  provided,  further,  that  this  section 
shall  not  be  construed  to  validate  any  right  or  privilege 
now  Invalid  or  hereafter  becoming  invalid  under  any 
law  of  this  State. 

Commission  may  impose  terms  and  conditions,  (c)  Be- 
fore any  certificate  may  issue,  under  this  section,  a 
certified  copy  of  its  articles  of  incorporation  or  charter. 
If  the  applicant  be  a  corporation,  shall  be  filed  in  the 
ofiSce  of  the  commission.  Every  applicant  for  a  certifi- 
cate shall  file  in  the  oflice  of  the  commission  such  evi- 
dence as  shall  be  required  by  the  commission  to  show 
that  such  applicant  has  received  the  required  consent, 
franchise  or  permit  of  the  proper  county,  city  and  county, 
municipal  or  other  public  authority.  The  commission 
shall  have  power,  after  hearing,  to  issue  said  certificate, 
as  prayed  for,  or  to  refuse  to  issue  the  same,  or  to 
issue  it  for  the  construction  of  a  portion  only  of  the 
contemplated  street  railroad,  line,  plant  or  system,  or 
extension  thereof,  or  for  the  partial  exercise  only  of 
said  right  or  privilege,   and  may  attach  to  the   exercise 


I 


of  the  rights  gi-anted  by  said  certificate  such  terms  ani 
conditions  as  in  its  judgment  the  public  convenience  and 
necessity  may  require.  If  a  public  utility  desires  -to 
exercise  a  right  or  privilege  under  a  franchise  or  permit 
which  it  contemplates  securing,  but  which  has  not  as 
yet  been  granted  to  it,  such  public  utility  may  apply  to 
the  commission  for  an  order  preliminary  to  the  issue  of 
the  certificate.  The  commission  may  thereupon  make 
an  order  declaring  that  it  will  thereafter,  upon  applica- 
tion, under  such  rules  and  regulations  as  it  may  pre- 
scribe, issue  the  desired  certificate,  upon  such  terms 
and  conditions  as  it  may  designate,  after  the  public 
utility  has  obtained  the  contemplated  franchise  or  permit. 
Upon  the  presentation  to  the  commission  of  evidence 
satisfactory  to  It  that  such  franchise  or  permit  hiis 
been  secured  by  such  public  utility,  the  commission  shall 
thereupon  issue  such  certificate. 

May  veto  proposed  mortgage.  §  51.  (a)  No  railroad 
corporation,  street  railroad  corporation,  pipe  line  cor- 
poration, gas  corporation,  electrical  corporation,  tele- 
phone corporation,  telegraph  corporation  or  water  cor- 
poration shall  henceforth  sell,  lease,  assign,  mortgage  or 
otherwise  dispose  of  or  encumber  the  whole  or  any  pa:-t 
of  its  railroad,  street  railroad,  line,  plant  or  systeri, 
necessary  dr  useful  in  the  performance  of  its  duties  1o 
the  public,  or  any  franchise  or  permit  or  any  right  there- 
under, nor  by  any  means  whatsoever,  direct  or  indirect, 
merge  or  consolidate  its  railroad,  street  railroad,  lin ;, 
plant  or  system,  or  franchises  or  permits  or  any  part 
thereof,  with  any  other  public  utility,  without  having 
first  secured  from  the  commission  an  order  authorizin? 
it  so  to  do.  Every  such  sale,  lease,  assignment,  mortgag  ?, 
disposition,  encumbrance,  merger  or  consolidation,  made 
other  than  in  accordance  with  the  order  of  the  ccmmi  ;- 
sion  authorizing  the  same,  shall  be  void.  The  perml  ;- 
slon  and  approval  of  the  commission  to  the  exercise  of  a 
franchise  or  permit  under  §  50  of  this  Act,  or  the  sal  ■, 
lease,  assignment,  mortgage  or  other  disposition  or  eii- 
cumbrance  of  a  franchise  or  permit  under  this  sectioi  . 
shall  not  be  constriied  to  revive  or  validate  any  lapse  1 
or  invalid  franchise  or  permit,  or  to  enlarge  or  add  1  j 
the  powers  or  privileges  contained  In  the  grant  of  an  / 
franchise  or  permit,  or  to  waive  any  forfeiture.  Nothing 
In  this  subsection  contained  shall  be  construed  1  ) 
prevent  the  sale,  lease  or  other  disposition  by  any  publ'  c 
utility,  of  a  class  designated  in  this  subsection,  of  pro:>- 
erty  which  is  not  necessary  or  useful  in  the  performanc  e 
of  its  duties  to  the  public,  and  any  sale  of  its  properly 
by  such  public  utility  shall  be  conclusively  presumed  ^o 
have  been  of  property  which  is  not  useful  or  necessaiy 
in  the  performance  of  its  duties  to  the  public,  as  to  any 
purchaser  of  such  property  in  good  faith  for  value. 

May  veto  purchase  of  stock  in  other  utility,  (b)  Ko 
public  utility  shall  hereafter  purchase  cr  acquire,  tale 
or  hold,  any  part  of  the  capital  stock  of  any  other  publ  c 
utility,  organized  or  existing  under  or  by  virtue  of  tte 
laws  of  this  State,  without  having  been  first  authorized 
to  do  so  by  the  commisslcn.  Every  assignment,  transfe-, 
contract  or  agreement  for  assignment  or  transfer  of  ary 
stock  by  or  through  any  person  or  corporation  to  aiy 
corporation  or  otherwise  in  violation  of  any  of  the  pr  )- 
visions  of  this  section  shall  be  void  and  of  no  effect, 
and  no  such  transfer  shall  be  made  on  the  books  of  ary 
public  utility.  Nothing  herein  contained  shall  be  co  i- 
strued  to  prevent  the  holding  of  stock  heretofore  lawful' y 
acquired. 

To  supervise  issue  of  stock  and  hands.  §  52.  (a)  Tl  c 
power  of  public  utilities  to  Issue  stocks  and  stock  certi  1- 
cates,  and  bonds,  notes  and  other  evidences  of  indebtel- 
ness  and  to  create  Hens  on  their  property  situated  wlth'n 
this  State  is  a  special  privilege,  the  right  of  supervision, 
regulation,  restriction  and  control  of  which  is  and  shall 
continue  to  be  vested  in  the  State,  and  such  power  shall 
be  exercised  as  provided  by  law  and  under  such  rulus 
and   regulations   as   the  commission   may   prescribe. 

Purposes  for  rvhich  stock  and  T>onds  may  issue,  (b)  A 
public  utility  may  issue  stocks  and  stock  certificates, 
and  bonds,  notes  and  other  evidences  of  indebtedness 
payable  at  periods  of  more  than  twelve  months  after  the 
date  thereof,  for  the  following  purposes  and  no  others, 
namely,  for  the  acquisition  of  property,  or  for  the  con- 
struction,   completion,    extension    or   improvement   of   its 


Public  Service  Laws 


333 


facilities,  or  for  the  improvement  or  maintenance  of  its 
service,  or  for  the  discharge  or  lawful  refunding  of  its 
obligations,  or  for  the  reimbursement  of  moneys  actually 
expended  from  income  or  from  any  other  moneys  in  the 
treasury  of  the  public  utility  not  secured  by  or  obtained 
from  the  issue  of  stocks  or  stock  certificates,  or  bonds, 
notes  or  other  evidences  of  indebtedness  of  such  public 
utility,  within  five  years  next  prior  to  the  filing  of  an 
application  with  the  commission  for  the  required  au- 
thorization, for  any  of  the  aforesaid  purposes  except 
maintenance  of  service  a\id/  replacements,  in  cases  where 
the  applicant  shall  have  kept  its  accounts  and  vouchers 
for  such  expenditures  in  such  manner  as  to  enable  the 
commission  to  ascertain  the  amount  of  moneys  so  ex- 
pended and  the  purposes  for  which  such  expenditure 
was  made;  provided,  that  such  public  utility,  in  addi- 
tion to  the  other  requirements  of  law,  shall  first  have 
secured  from  the  commission  an  order  authorizing  such 
Issue  and  stating  the  amount  thereof  and  the  purpose  or 
purposes  to  which  the  issue  or  the  proceeds  thereof  are 
to  be  applied,  and  that,  in  the  opinion  of  the  commis- 
sion, the  money,  property  or  labor  to  be  procured  or 
paid  for  by  such  issue  is  reasonably  required  for  the 
purpose  or  purposes  specified  in  the  order,  and  that, 
except  as  otherwise  permitted  in  the  order  in  the  case 
of  bonds,  notes  or  other  evidences  of  indebtedness,  such 
purpose  or  purposes  are  not,  in  whole  or  in  part,  reason- 
ably chargeable  to  operating  expenses  or  to  income.  To 
enable  it  to  determine  whether  it  will  issue  such  order, 
the  commission  shall  hold  a  hearing  and  may  make  such 
additional  inquiry  or  investigation,  and  examine  such 
witnesses,  books,  papers,  documents  and  contracts  and 
require  the  filing  of  such  data  as  it  may  deem  of  assist- 
ance. The  commission  may  by  its  order  grant  permis- 
sion for  the  issue  of  such  stocks  or  stock  certificates, 
or  bonds,  notes  or  other  evidences  of  indebtedness  in 
the  amount  applied  for,  or  in  a  lesser  amount,  or  not  at 
all,  and  may  attach  to  the  exercise  of  its  permission  such 
condition  or  conditions  as  it  may  deem  reasonable  and 
necessary.  The  commission  may  authorize  issues  of  bonds, 
notes  or  other  evidences  of  indebtedness,  less  than, 
equivalent  to  or  greater  than  the  authorized  or  sub- 
scribed capital  stock  of  a  public  utility  corporation,  and 
the  provisions  of  §  §  309  and  456  of  the  Civil  Code  of  this 
State,  in  so  far  as  they  contain  inhibitions  against  the 
creation  by  corporations  of  indebtedness,  evidenced  by 
bonds,  notes  or  otherwise,  in  excess  of  their  total  au- 
thorized or  subscribed  capital  stock  shall  have  no 
application  to  public  utility  corporations.  No  public 
utility  shall,  without  the  consent  of  the  commission, 
apply  the  issue  of  any  stock  or  stock  certiiicate,  or  bond, 
note  or  other  evidence  of  indebtedness,  or  any  part 
thereof,  or  any  proceeds  thereof,  to  any  purpose  not 
specified  in  the  commission's  order,  or  to  any  purpose 
specified  in  the  commission's  order  in  excess  of  the 
amount  authorized  for  such  purpose,  or  issue  or  dispose 
of  the  same  on  any  terms  less  favorable  than  those 
specified  in  such  order,  or  a  modification  thereof.  A 
public  utility  may  issue  notes,  for  proper  purposes  and 
not  in  violation  of  any  provision  of  this  Act  or  any  other 
Act,  payable  at  periods  of  not  more  than  12  months 
after  the  date  of  issuance  of  the  same,  without  the  cen- 
sent  of  the  commission,  but  no  such  note  shall,  in  whole 
or  in  part,  be  refunded  by  any  issue  of  stocks  or  stock 
certificates,  or  of  bonds,  notes  of  any  term  or  character 
or  any  other  evidence  of  indebtedness,  without  the  con- 
sent of  the  commission.  The  commission  shall  have  no 
power  to  authorize  the  capitalization  of  the  right  to  be 
a  corporation,  or  to  authorize  the  capitalization  of  any 
franchise  or  permit  whatsoever  or  the  right  to  own, 
operate  or  enjoy  any  such  franchise  or  permit,  in  excess 
of  the  amount  (exclusive  of  any  tax  or  annual  charge) 
actually  paid  to  the  State  or  to  a  political  subdivision 
thereof  as  the  consideration  for  the  grant  of  such  fran- 
chise, permit  or  right;  nor  shall  any  contract  for  con- 
solidation or  lease  be  capitalized,  nor  shall  any  public 
utility  hereafter  issue  any  bonds,  notes  or  other  evi- 
dences of  indebtedness  against  or  as  a  lien  upon  any 
contract  for   consolidation  or   merger. 

Proceeds  of  stock  and  lands  to  lie  accounted  for.  (c) 
The  commission  shall  have  the  power  to  require  public 
utilities  to  account  for  the  disposition  of  the  proceeds  of 


all  sales  of  stocks  and  stock  certificates,  and  bonds,  notes 
and  other  evidences  of  indebtedness,  in  such  form  and 
detail  as  it  may  deem  advisable,  and  to  establish  such 
rules  and  regulations  as  it  may  deem  reasonable  and 
necessary  to  insure  the  disposition  of  such  proceeds  for 
the  purpose  or  purposes  specified  in  its  order. 

Stock  and  bonds  issued  without  permission,  void,  (d) 
All  stock  and  every  stock  certificate,  and  every  bond, 
note  or  other  evidence  of  indebtedness,  of  a  public  utility, 
issued  without  an  order  of  the  commission  authorizing 
the  same  then  in  effect  shall  be  void,  and  likewise  all 
stock  and  every  stock  certificate,  and  every  bond,  note 
or  other  evidence  of  indebtedness,  of  a  public  utility, 
issued  with  the  authorization  of  the  commission,  but  not 
conforming  in  its  provisions  to  the  provisions,  if  any, 
which  it  is  required  by  the  order  of  authorization  of  the 
commission  to  contain,  shall  be  void;  but  no  failure  in 
any  other  respect  to  comply  with  the  terms  or  condi- 
tions of  the  order  of  authorization  of  the  commission 
shall  render  void  any  stock  or  stock  certificate,  or  any 
bond,  note  or  other  evidence  of  indebtedness,  except  as 
to  a  corporation  or  person  taking  the  same  otherwise 
than  in  good  faith  and  for  value  and  without  actual 
notice. 

Penalty  for  utility  to  issuance  without  consent,  (e) 
Every  public  utility  which,  directly  or  indirectly,  issues  or 
causes  to  be  issued,  any  stock  or  stock  certificate,  or 
bond,  note  or  other  evidence  of  indebtedness,  in  non- 
conformity with  the  order  of  the  commission  authorizing 
the  same,  or  contrary  to  the  provisions  of  this  Act,  or 
of  the  constitution  of  this  State,  or  which  applies  the 
proceeds  from  the  sale  thereof,  or  any  part  thereof,  to 
any  purpose  other  than  the  purpose  or  purposes  speci- 
fied in  the  commission's  order,  as  herein  provided,  or  to 
any  purpose  specified  in  the  commission's  order  in  ex- 
cess of  the  amount  In  said  order  authorized  for  such 
purpose,  is  subject  to  a  penalty  of  not  less  than  $500 
nor  more  than  $20,000  for  each  offense. 

Felony  for  employe  of  corporation  to  do  same,  (f)  Every 
ofiicer,  agent  or  employe  of  a  public  utility,  and  every 
other  person  who  knowingly  authorizes,  directs,  aids  in, 
issues  or  executes,  or  causes  to  be  issued  or  executed, 
any  stock  or  stock  certificate,  or  bond,  note  or  other 
evidence  of  indebtedness,  in  non-conformity  with  the 
order  of  the  commission  authorizing  the  same,  or  con- 
trary to  the  provisions  cf  this  Act,  or  of  the  constitu- 
tion of  this  State,  or  who,  in  any  proceeding  before  the 
commission,  knowingly  makes  any  false  statement  or 
representation  or  with  knowledge  of  its  falsity  files  or 
causes  to  be  filed  with  the  commission  any  false  state- 
ment or  representation,  which  said  statement  or  repre- 
sentation so  made,  filed  or  caused  to  be  filed  may  tend 
in  any  way  to  influence  the  commission  to  make  an 
order  authorizing  the  issue  of  any  stock  or  stock  certifi- 
cate, or  any  bond,  note  or  other  evidence  of  indebted- 
ness, or  which  results  in  procuring  from  the  commission 
the  making  of  any  such  order,  or  who,  with  knowledge 
that  any  false  statement  or  representation  was  made  to 
the  commission,  in  any  proceeding,  tending  in  any  way 
to  influence  the  commission  to  make  such  order,  issues 
or  executes  or  negotiates,  or  causes  to  be  issued,  exe- 
cuted or  negotiated  any  such  stock  or  stock  certificate, 
or  bond,  note  or  other  evidence  of  indebtedness,  or  who, 
directly  or  indirectly,  knowingly  applies,  or  causes  or 
assists  to  be  applied  the  proceeds,  or  any  part  thereof, 
from  the  sale  of  any  stock  or  stock  certificate,  or  bond, 
note  or  other  evidence  of  indebtedness,  to  any  purpose 
not  specified  in  the  commission's  order,  or  to  any  pur- 
pose specified  in  the  commission's  order  in  excess  of 
the  amount  authorized  for  such  purpose,  or  who,  with 
knowledge  that  any  stcck  or  stock  certificate,  or  bond, 
note  or  other  evidence  of  indebtedness,  has  been  issued 
or  executed  in  violation  of  any  of  the  provisions  of  this 
Act,  negotiates,  or  causes  the  same  to  be  negotiated,  shall 
be  guilty  cf  a  felony. 

State  guarantees  nothing,  (g)  No  provision  of  this 
Act,  and  no  deed  or  act  done  or  performed  under  or  ii 
connection  therewith,  shall  be  held  or  construed  to 
obligate  the  State  of  California  to  pay  or  guarantee,  in 
any  manner  whatsoever,  any  stcck  or  stock  certificate,  or 
bond,  note  or  other  evidence  of  Indebtedness,  authorized, 
issued  or  executed  under  the  provisions  of  this  Act. 


324 


National  Association  of  Railway  Commissioners 


Commission  may  impose  cotiditions.  (h)  All  stocks  and 
stock  certificates,  and  bonds,  notes  and  other  evidences 
of  indebtedness  issued  by  any  public  utility  after  this 
Act  takes  effect,  upon  the  authority  of  any  articles  of 
Incorporation  or  amendments  thereto  or  vote  of  the 
stockholders  or  directors  filed,  taken  or  had,  or  other 
proceedings  taken  cr  had,  previous  to  the  taking  effect 
of  this  Act,  shall  be  void,  unless  an  order  of  the  com- 
mission authorizing  the  issue  of  such  stocks  or  stock 
certificates,  or  bonds,  notes  or  other  evidences  of  in- 
debtedness shall  have  been  obtained  from  the  commis- 
sion prior  to  such  issue.  The  commission  may  by  its 
order  imiwse  such  condition  or  conditions  as  it  may  deem 
reasonable  and  necessary. 

Rules  of  evidence  disregarded.  §  53.  All  hearings  and 
Investigations  before  the  commission  or  any  commissioner 
shall  be  governed  by  this  Act  and  by  rules  of  practice 
and  procedure  to  b«  adopted  by  the  commission,  and  in 
the  conduct  thereof  neither  the  commission  nor  any 
commissioner  shall  be  bound  by  the  technical  rules  of 
evidence.  No  informality  in  any  proceeding  or  in  the 
manner  of  taking  testimony  before  the  commission  or 
any  commissioner  shall  invalidate  any  order,  decision, 
rule  or  regulation  made,  approved  or  confirmed  by  the 
commission. 

Power  to  issue  torits,  etc.  §  54.  The  commission  and 
each  commissioner  shall  have  power  to  issue  writs  of 
summons,  subpoenas,  warrants  of  attachment,  warrants 
of  commitment  and  all  necessary  process  in  proceedings 
for  contempt,  in  the  like  manner  and  to  the  same  extent 
as  courts  of  record.  The  process  issued  by  the  com- 
mission, or  any  commissioner,  shall  extend  to  all  parts 
of  the  State  and  may  be  served  by  any  person  author- 
ized to  serve  process  of  courts  of  record,  or  by  any  person 
designated  for  that  purpose  by  the  commission  or  a 
commissioner.  The  person  executing  any  such  process 
shall  receive  such  compensation  as  may  be  allowed  by 
the  commission,  not  to  exceed  the  fees  now  prescribed 
by  law  for  similar  services,  and  such  fees  shall  be  paid 
In  the  same  manner  as  provided  herein  for  payment  of 
the  fees  of  witnesses. 

Subpoenas,  etc.  §  55.  (a)  The  commission  and  each 
commissioner  shall  have  power  to  administer  oaths, 
certify  to  all  official  acts,  and  to  issue  subpoenas  for 
the  attendance  of  witnesses  and  the  production  of  papers, 
waybills,  books,  accounts,  documents  and  testimony  in 
any  inquiry,  investigation,  hearing  or  proceeding  in  any 
part  of  the  State.  Each  witness  who  shall  appear,  by 
order  of  the  commission  or  a  commissioner,  shall  re- 
ceive for  his  attendance  the  same  fees  and  mileage 
allowed  by  law  to  a  witness  in  civil  cases,  which  amount 
shall  be  paid  by  the  party  at  whose  request  such  witness 
Is  subpoenaed.  When  any  witness  who  has  not  been 
required  to  attend  at  the  request  of  any  party  shall  be 
subpoenaed  by  the  commission,  his  fees  and  mileage 
shall  be  paid  from  the  funds  appropriated  for  the  use 
of  the  commission  in  the  same  manner  as  other  ex- 
penses of  the  commission  are  paid.  Any  witness  sub- 
poenaed, except  one  whose  fees  and  mileage  may  be 
paid  from  the  funds  of  the  commission,  may,  at  the 
time  of  service,  demand  the  fee  to  which  he  is  entitled 
for  travel  to  and  from  the  place  at  which  he  is  required 
to  appear  and  one  day's  attendance.  It  such  witness 
demands  such  fees  at  the  time  of  service,  and  they  are 
not  at  that  time  paid  or  tendered,  he  shall  not  be  re- 
quired to  attend  before  the  commission  or  commissioner, 
as  directed  in  the  subpoena.  All  fees  or  mileage  to 
which  any  witness  is  entitled  under  the  provisions  of 
this  section  may  be  collected  by  action  therefor  insti- 
tuted by  the  person  to  whom  such  fees  are  payable.  No 
witness  furnished  with  free  transportation  shall  receive 
mileage  for  the  distance  he  may  have  traveled  on  such 
free  transportation. 

Compelling  attendance  of  witnesses,  (b)  The  Superior 
Court  in  and  for  the  county,  or  city  and  county,  in 
which  any  inquiry,  investigation,  hearing  or  proceeding 
may  be  held  by  the  commission  or  any  commissioner 
shall  have  the  power  to  compel  the  attendance  of  wit- 
nesses, the  giving  of  testimony  and  the  production  of 
papers,  including  waybills,  books,  accounts  and  docu- 
ments, as  required  by  any  subpoena. issued  by  the  com- 
mission  or   any   commissioner.     The   commission   or   the 


I 


commissioner  before  whom  the  testimony .  is  to  be  given' 
or  produced,  in  case  of  the  refusal  of  any  witness  to 
attend  or  testify  or  produce  any  papers  required  by  such 
subpoena,  may  report  to  the  Superior  Court  in  and  for 
the  county,  or  city  and  county,  in  which  tlie  proceeding 
is  pending,  by  petition,  setting  forth  that  due  notice 
has  l>een  given  of  the  time  and  place  of  attendance  of 
said  witness,  or  the  production  of  said  papers,  and  that 
the  witness  has  been  summoned  in  the  manner  prescribed 
in  this  Act,  and  that  the  witness  has  failed  and  refused  to 
attend  or  produce  the  papers  required  by  the  subpoena,  bo- 
fore  the  commission  or  commissioner,  in  the  case  or  proceed- 
ing named  in  the  notice  and  subpoena,  or  has  refused  to 
answer  questions  propounded  to  him  in  the  course  of 
such  proceeding,  and  ask  an  order  of  said  court,  com- 
pelling the  witness  to  attend  and  testify  or  produce 
said  papers  before  the  commission.  The  court,  upon 
the-  petition  of  the  commission  or  such  commissioner, 
shall  enter  an  order  directing  the  witness  to  appear  be- 
fore the  court  at  a  time  and  place  to  be  fixed  by  the 
court  in  such  order,  the  time  to  be  not  more  than  tea 
days  from  the  date  of  the  order,  and  then  and  there 
show  cause  why  he  has  not  attended  and  testified  or 
produced  said  papers  before  the  commission.  A  copv 
of  said  order  shall  be  served  upon  said  witness.  If  it 
shall  appear  to  the  court  that  said  subpoena  was  regx  - 
larly  issued  by  the  commission  or  a  commissioner,  thj 
court  shall  thereupon  enter  an  order  that  said  witness 
appear  before  the  commission  or  said  commissioner  at 
the  time  and  place  fixed  in  said  order,  and  testify  o* 
produce  the  required  papers,  and  upon  failure  to  obe ' 
said  order,  said  witness  shall  be  dealt  with  as  for  cor- 
tempt  of  court.  The  remedy  provided  in  this  subsectIo;i 
is  cumulative,  and  shall  not  be  construed  to  impai  • 
or  Interfere  with  the  power  of  the  commission  or  . 
commissioner  to  enforce  the  attendance  of  witnesses  au' 
the  production  of  papers,  and  to  punish  for  contemp 
in  the  same  manner  and  to  the  same  extent  as  courts  o ' 
record. 

Depositions,  (c)  The  commission  or  any  commissione  • 
or  any  party  may.  In  any  investigation  or  hearing  befor 
the  commission,  cause  the  deposition  of  witnesses  re 
siding  within  or  without  the  State  to  be  taken  in  th' 
manner  prescribed  by  law  for  like  depositions  in  clvi 
actions  in  the  Superior  Courts  of  this  State  and  to  tha 
end  may  compel  the  attendance  of  witnesses  and  th' 
production  of  books,  waybills,  documents,  i)apers  and  ac 
counts. 

Immunity  of  witnesses,     (d)     No  person  shall  be  ex 
cused  from  testifying  or  from  producing  any  book,  way 
bill,    document,    paper    or    account    in    any   investigatloi 
or  Inquiry  by  or  hearing  before  the  commission  or  an; 
commissioner,  when  ordered  to   do  so,  upon  the  groun( 
that  the  testimony  or  evidence,  book,  waybill,  document 
paper   or   account   required   of   him   may   tend   to  incrini 
Inate  him  or  subject  him  to  penalty  or  forfeiture,  but  ni  > 
person  shall  be  prosecuted,  punished  or  subjected  to  any 
penalty  or  forfeiture  for  or  on  account  of  any  act,  trans 
action,  matter  or  thing  concerning  which  he  shall,  unde  • 
oath,   have  testified   or   produced   documentary   evidence 
provided,   that   no   person   so  testifying  shall   be   exemp . 
from    prosecution    or    punishment    for    any    perjury    com- 
mitted   by    him    in    his    testimony.      Nothing   herein    con- 
tained  shall   be  construed   as   in   any  manner   giving  ti> 
any  public  utility  Immunity  of  any  kind. 

Copies  of  documents.  §56.  (a)  Copies  of  all  official 
documents  and  orders  filed  or  deposited  according  to 
law  In  the  office  of  the  commission,  certified  by  a  com- 
missioner or  by  the  secretary  under  the  officii  seal  of 
the  commission  to  be  true  copies  of  the  originals,  shall 
be  evidence  in  like  manner  as  the  originals. 

Orders,  hoto  served,  etc.  (b)  Every  order,  authoriza- 
tion or  certificate  Issued  or  approved  by  the  commission 
under  any  provision  of  §§  38,  39,  40,  41,  43,  50,  51  or  5.> 
of  this  Act  shall  be  in  writing  and  entered  on  the  records 
of  the  commission.  Any  such  order,  authorization  or  cer- 
tificate, or  a  copy  thereof,  or  a  copy  of  the  record  of 
any  such  order,  authorization  or  certificate,  certified 
by  a  commissioner  or  by  the  secretary  under  the  official 
seal  of  the  commission  to  be  a  true  copy  of  the  original 
order,  authorization,  certificate  or  entry,  may  be  recorded 
in  the  office  of  the  recorder  of  any  county,  or  city  and 
county,  in  which  is  located  the  principal  place  of  business 


Public  Sekvice  Laavs 


35J5 


of  any  public  utility  affected  thereby,  or  in  which  is  situ- 
ated any  property  of  any  such  public  utility,  and  such 
record  shall  impart  notice  of  its  provisions  to  all  persons. 
A  certificate  under  the  seal  of  the  commission  that 
any  such  order,  authorization  or  certificate  has  not  been 
modified,  stayed,  suspended  or  revoked  may  also  be 
recorded  in  the  same  offices  in  the  same  manner  and 
with  like  effect. 

Fees — Railroad  commission  fund.  §  57.  The  commission 
shall  charge  and  collect  the  following  fees:  for  copies 
of  papers  and  records — not  reequired  to  be  certified 
or  otherwise  authenticated  by  the  commission,  10  cents 
for  each  folio;  for  certified  copies  of  official  documents 
and  orders  filed  in  its  office,  15  cents  for  each  folio 
and  $1  for  every  certificate  under  seal  affixed  thereto; 
for  certifying  a  copy  of  any  report  made  by  a  public 
utility,  $2;  for  each  certified  copy  of  the  annual  report 
of  the  commission,  $1.50;  for  certified  copies  of  evidence 
and  proceedings  before  the  commission,  15  cents  for  each 
folio;  for  certificate  authorizing  an  issue  of  bonds,  notes 
or  other  evidences  of  indebtedness,  $1  for  each  $1,000 
of  the  face  value  of  the  authorized  issue  or  fraction 
thereof  up  to  $1,000,000,  and  50  cents  for  each  $1,000 
over  $1,000,000  and  up  to  $10,000,000,  and  25  cents  for 
each  $1,000  over  $10,000,000,  with  a  minimum  fee  in  any 
case  of  $250;  provided,  that  no  fee  shall  be  required 
when  such  issue  is  made  for  the  purpose  of  guarantee- 
ing, taking  over,  refunding,  discharging  or  retiring  any 
bond,  note  or  other  evidence  of  indebtedness  up  to  the 
amount  of  the  issue  guaranteed,  taken  over,  refunded, 
discharged  or  retired.  No  fees  shall  be  charged  or  col- 
lected for  copies  of  papers,  records  or  oflScial  documents, 
furnished  to  public  ofhcers  for  use  in  their  official  ca- 
pacity, or  for  the  annual  reports  of  the  commission  in 
the  ordinary  course  of  distribution,  but  the  commission 
may  fix  reasonable  charges  for  publications  issued  under 
its  authority.  All  fees  charged  and  collected  ufider  this 
section  shall  be  paid,  at  least  once  each  week,  accom- 
panied by  a  detailed  statement  thereof,  into  the  treasury 
of  the  State  to  the  credit  of  a  fund  to  be  known  as  the 
"Railroad  Commission  Fund,"  which  fund  is  hereby 
created. 

Right  to  inspect  hooks,  accounts,  etc.  §  58.  The  com- 
mission, each  commissioner  and  each  officer  and  person 
employed  by  the  commission  shall  have  the  right,  at 
any  and  all  times,  to  inspect  the  accounts,  books,  papers 
and  documents  of  any  public  utility,  and  the  commission, 
each  commissioner  and  any  oflScer  of  the  commission  or 
any  employe  authorized  to  administer  oaths  shall  have 
power  to  examine  under  oath  any  officer,  agent  or  em- 
ploye of  such  public  utility  in  relation  to  the  business 
and  affairs  of  said  public  utility;  provided,  that  any 
person  other  than  a  commissioner  or  an  officer  of  the 
commission  demanding  such  inspection  shall  produce 
under  the  hand  and  seal  of  the  commission  his  author- 
ity to  make,  such  inspection;  and  provided  further,  that 
a  written  record  of  the  testimony  or  statement  so  given 
under  oath  shall  be  made  and  filed  with  the  commission. 

Production  of  books.  §  59.  The  commission  may  re- 
quire, by  order  served  on  any  public  utility  in  the  manner 
provided  herein  for  the  service  of  orders,  the  producing 
within  this  State  at  such  time  and  place  as  it  may  desig- 
nate, of  any  books,  accounts,  papers  or  records  kept  by 
said  public  utility  in  any  office  or  place  without  this 
State,  or,  at  its  option,  verified  copies  in  lieu  thereof, 
so  that  an  examination  thereof  may  be  made  by  the 
commission  or  under  its  direction. 

Complaints  before  commission.  §  60.  Complaint  may  be 
made  by  the  commission  of  its  own  motion  or  by  any 
corporation  or  person,  chamber  of  commerce,  board  of 
trade,  or  any  civic,  cpmmercial,  mercantile,  traffic,  agri- 
cultural or  manufacturing  association  or  organization 
or  any  body  politic  or  municipal  coriwration,  by  petition 
or  complaint  in  writing,  setting  forth  any  act  or  thing 
done  or  omitted  to  be  done  by  any  public  utility  in- 
cluding any  rule,  regulation  or  charge  heretofore  estab- 
lished or  fixed  by  or  for  any  public  utility,  in  violation, 
or  claimed  to  be  in  violation,  of  any  provision  of  law  or 
of  any  order  or  rule  of  the  commission ;  provided,  that 
no  complaint  shall  be  entertained  by  the  commission, 
except  upon  its  own  motion,  as  to  the  reasonableness 
of  any  rates  or  charges  of  any  gas,  electrical,  water  or 
telephone    corporation,    unless    the    same    be    signed    by 


the  mayor  or  the  president  or  chairman  of  the  board  of 
trustees  or  a  majority  of  the  council,  commission,  or 
other  legislative  body  of  the  city  and  county,  or  city  or 
town,  if  any,  within  which  the  alleged  violation  occurred, 
or  not  less  than  25  consumers  or  purchasers  or  prospect- 
ive consumers  or  purchasers,  of  such  gas,  electricity, 
water  or  telephone  service.  All  matters  upon  which 
complaint  may  be  founded  may  be  joined  in  one  hearing, 
and  no  motion  shall  be  entertained  against  a  complaint 
for  misjoinder  of  causes  of  action  or  grievances  or  mis- 
joinder or  nonjoinder  of  parties;  and  in  any  review  by 
the  courts  of  orders  or  decisions  of  the  commission  the 
same  rule  shall  apply  with  regard  to  the  joinder  of 
causes  and  parties  as  herein  provided.  The  commission 
shall  not  be  required  to  dismiss  any  complaint  because 
of  the  absence  of  direct  damage  to  the  complainant. 
Upon  the  filing  of  a  complaint,  the  commission  shall 
cause  a  copy  thereof  to  be  served  upon  the  corporation 
or  person  complained  of.  Service  in  all  hearings,  investi- 
gations and  proceedings  pending  before  the  commission 
may  be  made  upon  any  person  upon  whom  a  summons 
may  be  served  in  accordance  with  the  provisions  of  the 
Code  of  Civil  Procedure  of  this  State,  and  may  be  made 
personally  or  by  mailing  in  a  sealed  envelope  (registered), 
with  postage  prepaid.  The  commission  shall  fix  the 
time  when  and  place  where  a  hearing  will  be  had  upon 
the  complaint  and  shall  serve  notice  thereof,  not  less 
than  10  days  before  the  time  set  for  such  hearing,  unless 
the  commission  shall  find  that  public  necessity  requires 
that  such  hearing  be  held  at  an  earlier  date. 

Hearing.  §  61.  (a)  At  the  time  fixed  for  any  hearing 
before  the  commission  or  a  commissioner,  or  the  time  to 
which  the  same  may  have  been  continued,  the  complain- 
ant and  the  corporation  or  person  complained  of,  and 
such  corporations  or  persons  as  the  commission  may 
allow  to  intervene,  shall  be  entitled  to  be  heard  and  to 
introduce  evidence.  The  commission  shall  issue  process 
to  enforce  the  attendance  of  all  necessary  witnesses.  After 
the  conclusion  of  the  hearing,  the  commission  shall  make 
and  file  its  order,  containing  Its  decision.  A  copy  of 
such  order,  certified  under  the  seal  of  the  commission, 
shall  be  served  upon  the  corporation  or  person  com- 
plained of,  or  his  or  its  attorney.  Said  order  shall,  of 
its  own  force,  take  effect  and  become  operative  20  days 
after  the  service  thereof,  except  as  otherwise  provided, 
and  shall  continue  in  force  either  for  a  period  which  may 
be  designated  therein  or  until  changed  or  abrogated  by 
the  commission.  If  an  order  cannot,  in  the  judgment 
of  the  commission,  he  complied  with  within  20  days,  the 
commission  may  grant  and  prescribe  such  additional  time  as 
in  its  judgment  is  reasonably  necessary  to  comply  with 
the  order,  and  may  on  application  and  for  good  cause 
shown,  extend  the  time  for  compliance  fixed  in  its  order. 
A  full  and  complete  record  of  all  proceedings  had  before 
the  commission  or  any  commissioner  on  any  formal  hear- 
ing had,  and  al!  testimony  shall  be  taken  down  by  a 
reporter  appointed  by  the  commission,  and  the  parties 
shall  be  entitled  to  be  heard  in  person  or  by  attorney. 
In  case  of  an  action  to  review  any  order  or  decision  of 
the  commission,  a  transcript  of  such  testimony,  together 
with  all  exhibits  or  copies  thereof  introduced  and  all 
information  secured  by  the  commission  on  its  own  in- 
itiative and  considered  by  it  in  rendering  its  order  or  de- 
cision, and  of  the  pleadings,  record  and  proceedings  la 
the  cause,  shall  constitute  the  record  of  the  commission; 
provided,  that  on  review  of  an  order  or  decision  of  the 
commission,  the  petitioner  and  the  commission  may 
stipulate  that  a  certain  question  or  questions  alone  and 
a  specified  iKJrtion  only  of  the  evidence  shall  be  certified 
to  the  Supreme  Court  for  its  judgment,  whereupon  such 
stipulation  and  the  question  or  questions  and  the  evidence 
therein  specified  shall  constitute  the  record  on  review. 

Complaint^  by  utility.  §62.  Any  public  utility  shall 
have  a  right  to  complain  on  any  of  the  grounds  upon 
which  complaints  are  allowed  to  be  filed  by  other  parties, 
and  the  same  procedure  shall  be  adopted  and  followed 
as  in  other  cases,  except  that  the  complaint  may  be 
heard  ex-parte  by  the  commission  or  may  be  served  upon 
any  parties  designated  by  the  commission. 

Rates  not  to  be  increased  without  consent.  §  63.  (a) 
No  public  utility  shall  raise  any  rate,  fare,  toll,  rental 
or  charge  or  so  alter  any  classification,. contract,  practice, 
rule  or  regulation  as  to  result  in  an  increase  in  any  rate. 


326 


National  Association  of  Railway  Commissioners 


fare,  toll,  rental  or  charge,  under  any  circumstances 
whatsoever,  except  upon  a  showing  before  the  commis- 
sion and  a  finding  by  the  commission  that  such  Increase 
is  justified. 

Commission  may  change  scheduJes.  (b)  Whenever 
there  shall  be  filed  with  the  commission  any  schedule 
citating  an  individual  or  joint  rate,  fare,  toll,  rental, 
charge,  classification,  contract,  practice,  rule  or  regula- 
tion, not  increasing  or  resulting  in  an  increase  in  any 
rate,  fare,  toll,  rental  or  charge,  the  commission  shall 
have  power,  and  it  is  hereby  given  authority,  either  upon 
complaint  or  upon  its  own  initiative  without  complaint, 
at  once,  and  it  it  so  orders,  without  answer  or  other 
formal  pleadings  by  the  interested  public  utility  or 
utilities,  but  upon  reasonable  notice,  to  enter  upon  a 
hearing  concerning  the  propriety  of  such  rate,  fare,  toll, 
rental,  charge,  classification,  contract,  practice,  rule  or 
regulation,  and  pending  the  hearing  and  the  decision 
thereon  such  rate,,  fare,  toll,  rental,  charge,  classification, 
contract,  practice,  rule  or  regulation  shall  not  go  into 
«ffect;  provided,  that  the  period  of  suspension  of  such 
rate,  fare,  toll,  rental,  charge,  classification,  contract, 
practice,  rule  or  regulation  shall  not  extend  beyond  120 
days  beyond  the  time  when  such  rate,  fare,  toll,  rental, 
charge,  classification,  contract,  practice,  rule  or  regula- 
tion would  otherwise  go  into  effect  unless  the  commission, 
in  its  discretion,  extends  the  period  of  suspension  for  a 
further  period  not  exceeding  six  months.  On  such  hear- 
ing the  commission  shall  establish  the  rates,  fares,  tolls, 
rentals,  charges,  classifications,  contracts,  practices, 
rules  or  regulations  proposed,  in  whole  or  in  part,  or 
others  in  lieu  thereof,  which  It  shall  find  to  be  just  and 
reasonable.  All  such  rates,  fares,  tolls,  rentals,  charges, 
classifications,  contracts,  practices,  rules  or  regulations 
not  so  suspended  shall,  on  the  expiration  of  30  days 
from  the  time  of  filing  the  same  with  the  commission,  or 
of  such  lesser  time  as  the  commission  may  grant,  go 
into  effect  and  be  the  established  and  effective  rates, 
lares,  tolls,  rentals,  charges,  classifications,  contracts, 
practices,  rules  and  regulations,  subject  to  the  power 
of  the  commission,  after  a  hearing  had  on  its  own  mo- 
tion or  upon  complaint,  as  herein  provided,  to  alter  or 
modify  the  same. 

May  rescind  its  orders.  |  64.  The  commission  may  at 
any  time,  upon  notice  to  the  public  utility  affected,  and 
after  opportunity  to  be  heard  as  provided  in  the '  case 
of  complaints,  rescind,  alter  or  amend  any  order  or  de- 
cision made  by  it.  Any  order  rescinding,  altering  or 
amending  a  prior  order  or  decision  shall,  when  served 
upon  the  public  utility  affected,  have  the  same  effect 
as  is  herein  provided  for  original  orders  or  decisions. 

Collateral  proceedings.  §  65.  In  all  collateral  actions 
or  proceedings,  the  orders  and  decisions  of  the  com- 
mission which  have  become  final  shall  be  conclusive. 

Rehearings.  §  66.  After  any  order  or  decision  has  been 
made  by  the  commission,  any  party  to  the  action  or  pro- 
ceeding, or  any  stockholder  or  bondholder  or  other  party 
pecuniarily  interested  in  the  public  utility  affected,  may 
apply  for  a  rehearing  in  respect  to  any  matters  deter- 
mined in  said  action  or  proceeding  and  specified  In  the 
application  for  rehearing,  and  the  commission  may  grant 
and  hold  such  rehearing  on  said  matters,  if  in  its  judg- 
ment sufllcient  reason  therefor  be  made  to  appear.  No 
cause  of  action  arising  out  of  any  order  or  decision  of 
the  commission  shall  accrue  in  any  court  to  any  corpora- 
tion or  person  unless  such  corporation  or  person  shall 
have  made,  before  the  effective  date  of  said  order  or 
decision,  application  to  the  commission  for  a  rehearing. 
Such  application  shall  set  forth  specifically  the  ground 
or  grounds  on  which  the  applicant  considers  said  deci- 
sion or  order  to  be  unlawful.  No  corporation  or  person 
shall  in  any  court  urge  or  rely  on  any  ground  not  so  set 
forth  in  said  application.  Any  application  for  a  rehearing 
made  10  days  or  more  before  the  effective  date  of  the 
order  as  to  which  a  rehearing  is  sought,  shall  be  either 
granted  or  denied  before  such  effective  date,  or  the 
order  shall  stand  suspended  until  such  application  Is 
granted  or  denied.  Any  application  for  a  rehearing  made 
within  less  than  10  days  before  the  effective  date  of  the 
order  as  to  which  a  rehearing  is  sought,  and  not  granted 
within  20  days,  may  be  taken  by  the  party  making  the 
application  to  be  denied,  unless  the  effective  date  of  the 


;lP 


order  is  extended  for  the  period  of  the  pendency  of  tl 
application.  If  any  application  for  a  rehearing  be  granted 
without  a  suspension  of  the  order  involved,  the  commis- 
sion shall  forthwith  proceed  to  hear  the  matter  with 
all  despatch,  and  shall  determine  the  same  within  20 
days  after  final  submission,  and  if  such  determination  is 
not  made  within  said  time,  it  may  be  taken  by  any 
party  to  the  rehearing  that  the  order  involved  is  afilrmed. 
An  application  for  rehearing  shall  not  excuse  any  cor- 
poration or  person  from  complying  with  and  obeying  any 
order  or  decision,  or  any  requirement  of  any  order  or 
decision  of  the  commission  theretofore  made,  or  operate 
in  any  manner  to  stay  or  postpone  the  enforcement  there- 
of, except  in  such  cases  and  upon  such  terms  as  the 
commission  may  by  order  direct.  If,  after  such  rehear- 
ing and  a  consideration  of  all  the  facts,  including  those 
arising  since  the  making  of  the  order  or  decision,  the 
commission  shall  be  of  the  opinion  that  the  original  order 
or  decision  or  any  part  thereof  is  in  any  respect  unjust 
or  unwarranted,  or  should  be  changed,  the  commission 
may  abrogate,  change  or  modify  the  same.  An  order 
or  decision  made  after  such  rehearing  abrogating,  chang- 
ing or  modifying  the  original  order  or  decision  shall 
have  the  same  force  and  effect  as  an  original  order  or 
decision,  but  shall  not  affect  any  right  or  the  enforc^ 
ment  of  any  right  arising  from  or  by  virtue  of  the  ori;;- 
inal  order  or  decision  unless  so  ordered  by  the  commii- 
sion. 

Certiorari — "writ  of  review."  §67.  Within  30  dajs 
after  the  application  for  a  rehearing  is  denied,  or,  if  the 
application  is  granted,  then  within  30  days  after  the 
rendition  of  the  decision  on  rehearing,  the  applicant  may 
apply  to  the  Supreme  Court  of  this  State  for  a  writ  (t 
certiorari  or  review  (hereinafter  referred  to  as  a  wr  t 
of  review)  for  the  purpose  of  having  the  lawfulness  <  t 
the  original  order  or  decision  or  the  order  or  decisio  i 
on  rehearing  inquired  into  and  determined.  Such  wrt 
shall  be  made  returnable  not  later  than  30  days  after 
the  date  of  the  issuance  thereof,  and  shall  direct  th  i 
commission  to  certify  its  record  in  the  case  to  the  cour  . 
On  the  return  day,  the  cause  shall  be  heard  by  the  Si  - 
preme  Court,  unless  for  a  good  reason  shown  the  sam  ; 
be  continued.  No  new  or  additional  evidence  may  b ) 
introduced  in  the  Supreme  Court,  but  the  cause  sha  1 
be  heard  on  the  record  of  the  commission  as  certified  t ) 
by  it.  The  review  shall  not  be  extended  further  tha  i 
to  determine  whether  the  commission  has  regularly  pui  - 
sued  its  authority,  including  a  determination  of  whether 
the  order  or  decision  under  review  violates  any  right 
of  the  petitioner  under  the  constitution  of  the  Unite  1 
States  or  of  the  State  of  California.  The  findings  an  1 
conclusions  of  the  commission  on  questions  of  fact  sha  1 
be  final  and  shall  not  be  subject  to  review ;  such  quei  • 
tions  of  fact  shall  include  ultimate  facts  and  the  finding  j 
and  conclusions  of  the  commission  on  reasonablenes  j 
and  discrimination.  The  commission  and  each  part.' 
to  the  action  or  proceeding  before  the  commission  sha  1 
have  the  right  to  appear  in  the  review  proceeding.  Upo  i 
the  hearing  the  Supreme  Court  shall  enter  judgment 
either  afiirming  or  setting  aside  the  order  or  decision  c  t 
the  commission.  The  provisions  of  the  Code  of  Civ:  1 
Procedure  of  this  State  relating  to  writs  of  review  shal  , 
so  far  as  applicable  and  not  in  conflict  with  the  prov  - 
slons  of  this  Act,  apply  to  proceedings  instituted  in  tha 
Supreme  Court  under  the  provisions  of  this  section.  Nj 
court  of  this  State  (except  the  Supreme  Court  to  tha 
extent  herein  specified)  shall  have  jurisdiction  to  reviev , 
reverse,  correct  or  annul  any  order  or  decision  of  tha 
commission  or  to  suspend  or  delay  the  execution  or 
operation  thereof,  or  to  enjoin,  restrain  or  interfere  witi 
the  commission  in  the  performance  of  its  oflicial  duties; 
provided,  that  the  wrt  of  mandamus  shall  lie  from  the 
Supreme  Court  to  the  commission  in  all  proper  cases. 

Supersedeas.  §  68.  (a)  The  pendency  of  a  writ  of  r<>- 
view  shall  not  of  itself  stay  or  suspend  the  operation 
of  the  order  or  decision  of  the  commission,  but  during 
the  pendency  of  such  writ,  the  Supreme  Court  in  its 
discretion  may  stay  or  suspend,  in  whole  or  in  part,  the 
operation  of  the  commission's  order  or  decision. 

Specific  fi.ndings.  (b)  No  order  so  staying  or  sus- 
pending an  order  or  decision  of  the  commission  shall  be 
made  by  the  Supreme  Court  otherwise  than  upon  three 
days'  notice  and  after  hearing,  and  if  the  order  or  deci- 


PuBLio  Sekvice  Laws 


327 


elon  of  the  commission  is  suspended,  the  order  suspend- 
ing the  same  shall  contain  a  specific  finding  based  upon 
evidence  submitted  to  the  court  and  identified  by  refer- 
ence thereto,  that  great  or  irreparable  damage  would 
otherwise  result  to  the  petitioner  and  specifying  the 
nature  of  the  damage. 

Bond,  (c)  In  case  the  order  or  decision  of  the  com- 
mission is  stayed  or  suspended,  the  order  of  the  court 
shall  not  become  effective  until  a  suspending  bond  shall 
first  have  been  executed  ,and  filed  with,  and  approved 
by  t-he  commission  (or  approved,  on  review,  by  the  Su- 
preme Court),  payable  to  the  people  of  the  State  of 
California,  and  sufficient  in  amount  and  security  to  insure 
the  prompt  payment,  by  the  party  petitioning  for  the 
review,  of  all  damages  caused  by  the  delay  in  the  en- 
forcement of  the  order  or  decision  of  the  commission, 
and  of  all  moneys  which  any  person  or  corporation  may 
be  compelled  to  pay,  pending  the  review  proceedings, 
for  transportation,  transmission,  product,  commodity  or 
service  in  excess  of  the  charges  fixed  by  the  order  or 
decision  of  the  commission,  in  case  said  order  or  deci- 
sion is  sustained.  The  Supreme  Court,  in  case  it  stays 
or  suspends  the  order  or  decision  of  the  commission  in 
any  matter  affecting  rates,  fares,  tolls,  rentals,  charges 
or  classifications,  shall  also  by  order  direct  the  public 
utility  affected  to  pay  into  court,  from  time  to  time,  there 
to  be  impounded  until  the  final  decision  of  the  case,  or 
into  some  bank  or  trust  company  paying  interest  on  de- 
posits, under  such  conditions  as  the  court  may  prescribe, 
all  sums  of  money  which  it  may  collect  from  any  cor- 
poration or  person  in  excess  of  the  sum  such  corporation 
or  person  would  have  been  compelled  to  pay  if  the  order 
or  decision  of  the  commission  had  not  been  stayed  or 
suspended. 

Accounts  pending — review,  (d)  In  case  the  Supreme 
Court  stays  or  suspends  any  order  or  decision  lowering 
any  rate,  fare,  toll,  rental,  charge  or  classification,  the 
commission,  upon  the  execution  and  approval  of  said 
suspending  bond,  shall  forthwith  require  the  public  utility 
affected,  under  penalty  of  the  immediate  enforcement  of 
the  order  or  decision  of  the  commission  (pending  the 
review  and  notwithstanding  the  suspending  order),  to 
keep  such  accounts,  verified  by  oath,  as  may,  in  the 
judgment  of  the  commission,  suffice  to  show  the  amounts 
being  charged  or  received  by  such  public  utility,  pending 
the  review,  in  excess  of  the  charges  allowed  by  the 
order  or  decision  of  the  commission,  together  with  the 
names  and  addresses  of  the  corporations  or  persons  to 
whom  overcharges  will  be  refundable  in  case  the  charges 
made  by  the  public  utility,  pending  the  review,  be  not 
sustained  by  the  Supreme  Court.  The  court  may,  from 
time  to  time,  require  said  party  petitioning  for  a  review 
to  give  additional  security  on,  or  to  increase  the  said 
suspending  bond,  whenever  in  the  opinion  of  the  court 
the  same  may  be  necessary  to  insure  the  prompt  payment 
of  said  damages  and  said  overcharges.  Upon  the  final 
decision  by  the  Supreme  Court,  all  moneys  which  the 
public  utility  may  have  collected,  pending  the  appeal,  in 
excess  of  those  authorized  by  such  final  decision,  together 
with  interest,  in  case  the  court  ordered  the  deposit  of 
such  moneys  in  a  bank  or  trust  company,  shall  be 
promptly  paid  to  the  corporations  or  persons  entitled 
thereto,  in  such  manner  and  through  such  methods  of 
distribution  as  may  be  prescribed  by  the  commission. 
If  any  such  moneys  shall  not  have  been  claimed  by  the 
corrorations  or  persons  entitled  thereto  within  one  year 
from  the  final  decision  of  the  Supreme  Court,  the  com- 
mission shall  cause  notice  to  such  corporations  or  per- 
sons to  be  given  by  publication,  once  a  week  for  two 
successive  weeks,  in  a  newspaper  of  general  circulation, 
printed  and  published  in  the  city  and  county  of  San 
Francisco,  and  such  other  newspaper  or  newspapers  as 
may  be  designated  by  the  commission,  said  notice  to  state 
the  names  of  the  corporations  or  persons  entitled  to  such 
moneys  and  the  amount  due  each  corporation  or  person. 
All  moneys  not  claimed  within  three  months  after  the 
publication  of  said  notice  shall  be  paid  by  the  public 
utility,  under  the  direction  of  the  commission,  into  the 
State   treasury  for  the  benefit  of  the  general   fund. 

Precedence.  §  69.  All  actions  and  proceedings  under 
this  Act,  and  all  actions  or  proceedings  to  which  the 
commission  or  the  people  of  the  State  of  California  may 
be   parties,   and   in  which   any  question  arises  under  this 


Act,  or  under  or  concerning  any  order  or  decision  of 
the  commission,  shall  be  preferred  over  all  other  civil 
causes  except  election  causes  and  shall  be  heard  and 
determined  in  preference  to  all  other  civil  business  ex- 
cept election  causes,  irrespective  of  position  on  the 
calender.  The  same  preference  shall  be  granted  upon 
application  of  the  attorney  of  the  commission  in  any 
action  or  proceeding  in  which  he  may  be  allowed  to 
intervene. 

Evidence  to  make  valuation  of  property.  §  70.  For  the 
purpose  of  ascertaining  the  matters  and  things  speci- 
fied in  §  47  of  this  Act,  concerning  the  value  of  the 
property  of  public  utilities,  the  commission  may  cause 
a  hearing  or  hearings  to  be  held  at  such  time  or  times 
and  place  or  places  as  the  commission  may  designate. 
Before  any  hearing  is  had,  the  commission  shall  give 
the  public  utility  affected  thereby  at  least  30  days'  writ- 
ten notice,  specifying  the  time  and  place  of  such  hearing, 
and  such  notice  shall  be  sufficient  to  authorize  the  com- 
mission to  inquire  into  the  matters  designated  in  this 
section  and  in  said  §  47  of  this  Act,  but  this  provision 
shall  not  prevent  the  commission  from  making  any  pre- 
liminary examination  or  investigation  into  the  matters 
herein  referred  to,  or  from  inquiring  into  such  matters 
in  any  other  investigation  or  hearing.  All  public  utili- 
ties affected  shall  be  entitled  to  be  heard  and  to  intro- 
duce evidence  at  such  hearing  or  hearings.  The  commis- 
sion is  empowered  to  resort  to  any  other  source  of  in- 
formation available.  The  evidence  introduced  at  such 
hearing  shall  be  reduced  to  writing  and  certified  under 
the  seal  of  the  commission.  The  commission  shall  make 
and  file  its  findings  of  fact  in  writing  upon  all  matters 
concerning  which  evidence  shall  have  been  introduced 
before  it  which  in  its  judgment  have  bearing  on  the 
value  of  the  property  of  the  public  utility  affected.  Such 
findings  shall  be  subject  to  review  by  the  Supreme  Court 
of  this  State  in  the  same  manner  and  within  the  same 
time  as  other  orders  and  decisions  of  the  commission. 
The  findings  of  the  commission  so  made  and  filed,  when 
properly  certified  under  the  seal  of  the  commission,  shall 
be  admissible  in  evidence  in  any  action,  proceeding  or 
hearing  before  the  commission  or  any  court,  in  which 
the  commission,  the  State  or  any  officer,  department  or 
Institution  thereof,  or  any  county,  city  and  county, 
municipality  or  other  body  politic  and  the  public  utility 
affected  may  be  interested  whether  arising  under  the 
provisions  of  this  Act  or  otherwise,  and  such  findings, 
when  so  introduced,  shall  be  conclusive  evidence  of  the 
facts  therein  stated  as  of  the  date  therein  stated  under 
conditions  then  existing,  and  such  facts  can  only  be  con- 
troverted by  showing  a  subsequent  change  in  conditions 
bearing  upon  the  facts  therein  determined.  The  com- 
mission may  from  time  to  time  cause  further  hearings 
and  investigations  to  be  had  for  the  purpose  of  making 
revaluations  or  ascertaining  the  value  of  any  betterments, 
improvements,  additions  or  extensions  made  by  any 
public  utility  subsequent  to  any  prior  hearing  or  investi- 
gation, and  may  examine  into  all  matters  which  may 
change,  modify  or  affect  any  finding  of  fact  previously 
made,  and  may  at  such  time  make  findings  of  fact  sup- 
plementary to  those  theretofore  made.  Such  hearings 
shall  be  had  upon  the  same  notice  and  be  conducted  in 
the  same  manner,  and  the  findings  so  made  shall  have 
the  same  force  and  effect  as  is  provided  herein  for  such 
original  notice,  hearing  and  findings;  provided,  that  such 
findings  made  at  such  supplemental  hearings  or  investi- 
gations shall  be  considered  in  connection  with  and  as  a 
part  of  the  original  findings  except  in  so  far  as  such 
supplemental  findings  shall  change  or  modify  the  findings 
made  at  the  original  hearing  or  investigation. 

Reparation.  §  71.  (a)  When  complaint  has  been  made 
to  the  commission  concerning  any  rate,  fare,  toll,  rental 
or  charge  for  any  product  or  commodity  furnished  or 
service  performed  by  any  public  utility,  and  the  com- 
mission has  found,  after  investigation,  that  the  public 
utility  has  charged  an  excessive  or  discriminatory  amount 
for  such  product,  commodity  or  service,  the  commission 
may  order  that  the  public  utility  make  due  reparation 
to  the  complainant  therefor,  with  interest  from  the  date 
of  collection,  provided  no  discrimination  will  result  from 
such   reparation. 

How  enforced,  (b)  If  the  public  utility  does  not  com- 
ply with  the  order  for  the  payment  of  reparation  within 


328 


National  Association  of  Kailway  Commissioners 


the  time  specified  in  such  order,  suit  may  be  instituted 
in  any  court  of  competent  jurisdiction  to  recover  the 
same.  All  complaints  concerning  excessive  or  discrimi- 
natory charges  shall  be  filed  with  the  commission  within 
two  years  from  the  time  the  cause  of  action  accrues,  and 
the  petition  for  the  enforcement  of  the  order  shall  be 
filed  in  the  court  within  one  year  from  the  date  of  the 
order  of  the  commission.  The  remedy  in  this  section 
provided  shall  be  cumulative  and  in  addition  to  any 
other  remedy  or  remedies  in  this  Act  provided  in  case  of 
failure  of  a  public  utility  to  obey  an  order  or  decision  of 
the  commission. 

Commission  to  enforce  constitution.  §  72.  It  is  hereby 
made  the  duty  of  the  commission  to  see  that  the  pro- 
visions of  the  constitution  and  statutes  of  this  State 
affecting  public  utilities,  the  enforcement  of  which  is  not 
speciflcally  vested  in  some  other  officer  or  tribunal,  are 
enforced  and  obeyed,  and  that  violations  thereof  are 
promptly  prosecuted  and  penalties  due  the  State  therefor 
recovered  and  collected,  and  to  this  end  it  may  sue  in 
the  name  of  the  people  of  the  State  of  California.  Upon 
the  request  of  the  commission,  it  shall  be  the  duty  of 
the  attorney-general  or  the  district  attorney  of  the 
proper  county  or  city  and  county  to  aid  in  any  investiga- 
tion, hearing  or  trial  had  under  the  provisions  of  this 
Act,  and  to  institute  and  prosecute  actions  or  proceed- 
ings for  the  enforcement  of  the  provisions  of  the  consti- 
tution and  statutes  of  this  State  affecting  public  utilities 
and  for  the  punishment  of  all  violations  thereof. 

Utility  liable  in  damages — Smart  money.  §  73.  (a)  In 
case  any  public  utility  shall  do,  cause  to  be  done  or  per- 
mit to  be  done  any  act,  matter  or  thing  prohibited,  for- 
bidden or  declared  to  be  unlawful,  or  shall  omit  to  do 
any  act,  matter  or  thing  required  to  be  done,  either  by 
the  constitution,  any  law  of  this  State  or  any  order  or 
decision  of  the  commission,  such  -public  utility  shall  be 
liable  to  the  persons  or  corporations  affected  thereby 
for  all  loss,  damages  or  injury  caused  thereby  or  result- 
ing therefrom,  and  if  the  court  shall  find  that  the  act 
or  omission  was  wilful,  the  court  may  in  addition  to  the 
actual  damages  award  damages  for  the  sake  of  example 
and  by  way  of  punishment.  An  action  to  recover  for 
such  loss,  damage  or  injury  may  be  brought  in  any  court 
of   competent  jurisdiction   by   any   corporation   or   person. 

Also  for  penalties,  (b)  No  recovery  as  in  this  section 
provided  shall  in  any  manner  affect  a  recovery  by  the 
State  of  the  penalties  in  this  Act  provided  or  the  exer- 
cise by  the  commission  of  its  power  to  punish  for  con- 
tempt. 

Remedy  cumulative.  §  74.  (a)  This  Act  shall  not 
have  the  effect  to  release  or  waive  any  right  of  action 
by  the  State,  the  commission,  or  any  person  or  corpora- 
tion for  any  right,  penalty  or  forfeiture  which  may  have 
arisen  or  accrued  or  may  hereafter  arise  or  accrue  under 
any   law   of  this   State. 

Not  to  bar  criminal  prosecutions,  (b)  All  penalties 
accruing  under  this  Act  shall  be  cumulative  of  each 
other,  and  a  suit  for  the  recovery  of  one  penalty  shall 
not  be  a  bar  to  or  affect  the  recovery  of  any  other 
penalty  or  forfeiture  or  be  a  bar  to  any  criminal  prosecution 
against  any  public  utility,  or  any  officer,  director,  agent 
or  employe  thereof,  or  any  other  corporation  or  person, 
or  be  a  bar  to  the  exercise  by  the  commission  of  its 
power  to  punish  for  contempt. 

Mandamus,  injunction.  §  75.  Whenever  the  commission 
shall  be  of  the  opinion  that  any  public  utility  is  failing 
or  omitting  or  about  to  fail  or  omit,  to  do  anything  re- 
quired of  it  by  law,  or  by  any  order,  decision,  rule,  di- 
rection or  requirement  of  the  commission,  or  is  doing 
anything  or  about  to  do  anything,  or  permitting  anything 
or  about  to  permit  anything  to  be  done,  contrary  to  or 
In  violation  of  law  or  of  any  order,  decision,  rule,  di- 
rection or  requirement  of  the  commission,  it  shall  direct 
the  attorney  of  the  commission  to  commence  an  action 
or  proceeding  in  the  Superior  Court  in  and  for  the 
county,  or  city  and  county  in  which  the  cause  or  some 
part  thereof  arose,  or  in  which  the  corporation  com- 
plained of,  if  any,  has  its  principal  place  of  business,  or 
In  which  the  person,  if  any,  complained  of,  resides,  in 
the  name  of  the  people  of  the  State  of  California,  for  the 
purpose  of  having  such  violations  or  threatened  viola- 
tions stopped  and  prevented,  either  by  mandamus  or  In- 


I 


lerior  ■ 

4i 


junction.  The  attorney  of  the  commission  shall  there-' 
upon  begin  such  action  or  proceeding  by  petition  to 
such  Superior  Court,  alleging  the  violation  or  threatened 
violation  complained  of,  and  praying  for  appropriate 
relief  by  way  of  mandamus  or  injunction.  It  shall  there- 
upon be  the  duty  of  the  court  to  specify  a  time,  not  ex- 
ceeding twenty  days  after  the  service  of  the  copy  of  the 
petition,  within  which  the  public  utility  complained  of 
must  answer  the  petition,  and  in  the  meantime  said 
public  utility  may  be  restrained.  In  case  of  default  in. 
answer,  or  .after  answer,  the  court  shall  immediately 
inquire  into  the  facts  and  circumstances  of  the  case. 
Such  corporations  or  persons  as  the  court  may  deem 
necessary  or  proper  to  be  joined  as  parties,  in  order 
to  make  its  judgment,  order  or  writ  effective,  may  be 
joined  as  parties.  The  final  judgment  in  any  such  action 
or  proceeding  shall  either  dismiss  the  action  or  pro- 
ceeding or  direct  that  the  writ  of  mandamus  or  injunction 
issue  or  be  made  permanent  as  prayed  for  in  the  petition, 
or  in  such  modified  or  other  form  as  will  afford  appropi-i- 
ate  relief.  An  appeal  may  be  taken  to  the  Supreme 
Court  from  such  final  judgment  in  the  same  manner  ard 
with  the  same  effect,  subject  to  tlje  provisions  of  this 
Act,  as  appeals  are  taken  from  judgments  of  the  Superior  , 
Court  in  other  actions  for  mandamus  or  injunction. 

General  penalty  section  as  to  utility.  §  76.  (a) 
public  utility  which  violates  or  fails  to  comply  with  air^ 
provision  of  the  constitution  of  this  State  or  of  th  "s 
Act,  or  which  fails,  omits  or  neglects  to  obey,  obser\e 
or  comply  with  any  order,  decision,  decree,  rule,  directio  i, 
demand  or  requirement  or  any  part  or  provision  thereof, 
of  the  commission,  in  a  case  in  which  a  penalty  hj  s 
not  hereinbefore  been  provided  for  such  public  utlllt ', 
is  subject  to  a  penalty  of  not  less  than  $500  nor  moie 
than  $2,000  for  each  and  every  offense. 

Offenses  separate.  (b)  Every  violation  of  the  pro- 
visions of  this  Act  or  of  any  order,  decision,  decree,  rule,  d- 
rection,  demand  or  requirement  of  the  commission,  ( r 
any  part  or  portion  thereof  by  any  corporation  c  r 
person  is  a  separate  and  distinct  offense,  and  in  case  <  f 
a  continuing  violation  each  day's  continuance  there(  f 
shall  be  and  be  deemed  to  be  a  separate  and  distini  t 
offense. 

Act  of  employe  is  act  of  utility,  (c)  In  construing  an  I 
enforcing  the  provisions  of  this  Act  relating  to  pena  - 
ties,  the  act,  omission  or  failure  of  any  officer,  agent  c  r 
employe  of  any  public  utility,  acting  within  the  scop  3 
of  his  official  duties  or  employment,  shall  in  every  cas ) 
be  and  be  deemed  to  be  the  act,  omission  or  failure  <  f 
such  public  utility. 

General  penalty  as  to  employe.  §77.  Every  office  v 
agent  or  employe  of  any  public  utility,  who  violates  c  r 
fails  to  comply  with,  or  who  procures,  aids  or  abets  an  f 
violation  by  any  public  utility  of  any  provision  of  ths 
constitution  of  this  State  or  of  this  Act,  or  who  falls 
to  obey,  observe  or  comply  with  any  order,  decisioii, 
rule,  direction,  demand  or  requirement  or  any  part  cr  . 
provision  thereof,  of  the  commission,  or  who  procure;,  ' 
aids  or  "abets  any  public  utility  in  its  failure  to  obe;  , 
observe  and  comply  with  any  such  order,  decision,  rul'v 
direction,  demand  or  requirement,  or  any  part  or  pro- 
vision thereof  in  a  case  in  which  a  penalty  has  not  herv 
inbefore  been  provided  for  such  officer,  agent  or  employ' v 
is  guilty  of  a  misdemeanor  and  is  punishable  by  a  fine 
not  exceeding  $1,000,  or  by  imprisonment  in  a  county  ja  1 
not  exceeding  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Penalty  as  to  non-utility  corporations.  §  78.  Every  co  •- 
poration,  other  than  a  public  utility,  which  violates  any 
provision  of  this  Act,  or  which  fails  to  obey,  observe  cr 
comply  with  any  order,  decision,  rule,  direction,  demand 
or  requirement,  or  any  part  or  provision  thereof,  of  the 
commission,  in  a  case  in  which  a  penalty  has  not  herein- 
before been  provided  for  such  corporation,  is  subject  to 
a  penalty  of  not  less  than  $500  nor  more  than  $2,000  for 
each  and  every  offense. 

As  to  its  employes.  §  79.  Every  person  who,  either 
Individually,  or  acting  as  an  officer,  agent  or  employe  of 
a  corporation  other  than  a  public  utility,  violates  any 
provision  of  this  Act,  or  fails  to  observe,  obey  or  comply 
with  any  order,  decision,  rule,  direction,  demand  or  re- 
quirement, or  any   part  or  portion  thereof,  of  the   com- 


Public  Sekvice  Laws 


329 


mission,  or  wlio  procures,  aids  or  abets  any  such  public 
utility  in  its  violation  of  this  act,  or  in  its  failure  to 
obey,  observe  or  comply  with  any  such  order,  decision, 
rule,  direction,  demand  or  requirement,  or  any  part  or 
portion  thereof,  in  a  case  in  which  a  penalty  has  not 
hereinbefore  been  provided  for  such  person,  is  guilty 
of  a  misdemeanor,  and  is  punishable  by  a  fine  not  ex- 
ceeding $1,000,  or  by  imprisonment  in  a  county  jail  not 
exceeding  one  year,  or  by  both  such  fine  and  imprison- 
ment. \_7 

Suits  to  recover  penalties.  §  80.  Actions  to  recover  pen- 
alties under  this  Act  ^all  be  brought  in  the  name  of 
the  people  of  the  State  of  California,  in  the  Superior 
Court  in  and  for  the  county,  or  city  and  county,  in  which 
the  cause  or  some  part  thereof  arose,  or  in  which  the 
corporation  complained  of,  if  any,  has  its  principal  place 
of  business,  or  in  which  the  person,  if  any,  complained 
of,  resides.  Such  action  shall  be  commenced  and  prose- 
cuted to  final  judgment  by  the  attorney  of  the  commis- 
sion. In  any  such  action,  all  penalties  incurred  up  to  the 
time  of  commencing  the  same  may  be  sued  for  and  re- 
covered. In  all  such  actions,  the  procedure  and  rules 
of  evidence  shall  be  the  same  as  in  ordinary  civil  actions, 
except  as  otherwise  herein  provided.  All  fines  and  pen- 
alties recovered  by  the  State  in  any  such  action,  together 
with  the  cost  thereof,  shall  be  paid  into  the  State 
treasury  to  the  credit  of  the  general  fund.  Any  such 
action  may  be  compromised  or  discontinued  on  applica- 
tion of  the  commission  upon  such  terms  as  the  court 
shall   approve   and   order. 

Contempt.  §  81.  Every  public  utility,  corporation  or 
person  which  shall  fail  to  observe,  obey  or  comply  with 
any  order,  decision,  rule,  regulation,  direction,  demand 
or  requirement,  or  any  part  or  portion  thereof,  of  the 
commission  or  any  commissioner  shall  be  in  contempt 
of  the  commission,  and  shall  be  punishable  by  the  com- 
mission for  contempt  in  the  same  manner  and  to  the 
same  extent  as  contempt  is  punished  by  courts  of  record. 
The  remedy  prescribed  in  this  section  shall  not  be  a 
bar  to  or  affect  any  other  remedy  prescribed  in  this 
Act,  but  shall  be  cumulative  and  in  addition  to  such 
other  remedy  or  remedies. 

Local  control  of  public  utility.  §  82.  This  Act  shall  not 
affect  such  powers  of  control  over  any  public  utility 
vested  in  any  city  and  county,  or  incorporated  city  or 
town  as,  at  an  election  to  be  held  pursuant  to  laws  to 
be  hereafter  passed  by  the  legislatuje,  a  majority  of  the 
qualified  electors  voting  thereon  of  such  city  and  county, 
or  incorporated  city  or  town,  shall  vote  to  retain,  and 
until  such  election  such  powers  shall  continue  unim- 
paired in  such  city  and  county  or  incorporated  city  or 
town;  but  if  the  vote  so  talten  shall  not  favor  the 
continuation  of  such  powers,  they  shall  thereafter  vest 
in  the  commission;  provided,  that  where  any  such  city 
and  county  or  incorporated  city  or  town  shall  have 
elected  to  continue  any  powers  respecting  public  utili- 
ties, it  may,  by  a  vote  of  a  majority  of  its  qualified  elec- 
tors voting  thereon,  thereafter  surrender  such  powers  to 
the  commission  in  the  manner  to  be  prescribed  by  the 
legislature;  or  if  such  municipal  corporation  shall  have 
surrendered  any  powers  to  the  commission,  it  may,  by 
like  vote,  thereafter  reinvest  itself  with  such  power. 

Pending  suits.  §  83.  (a)  This  Act  shall  not  affect  pend- 
ing actions  or  proceedings  brought  by  or  against  the 
people  of  the  State  of  California  or  the  commission,  or 
by  any  other  person,  or  corporation  under  the  provisions 
of  chapter  20  or  386  of  the  laws  of  1911,  but  the  same 
may  be  prosecuted  and  defended  with  the  same  effect 
as  though  this  Act  had  not  been  passed.  Any  investiga- 
tion, hearing,  or  examination  undertaken,  commenced, 
instituted  or  prosecuted  prior  to  the  taking  effect  of  this 
Act  may  be  conducted  and  continued  to  a  final  determi- 
nation in  the  same  manner  and  with  the  same  effect  as 
if  it  had  been  undertaken,  commenced,  instituted  or 
prosecuted  in  accordance  with  the  provisions  of  this 
Act.  All  proceedings  hitherto  taken  by  the  commission 
in  any  such  investigation,  hearing  or  examination  are 
hereby  ratified,  approved,  validated  and  confirmed  and  all 
such  proceedings  shall  have  the  same  force  and  effect 
as  if  they  had  been  undertaken,  commenced,  instituted, 
and  prosecuted  under  the  provisions  of  this  Act  and  in 
the  manner  herein  prescribed. 


No  abatement,  (b)  No  cause  of  action  arising  under 
the  provisions  of  chapters  20  or  386  of  the  laws  of  1911 
shall  abate  by  reason  of  the  passage  of  this  Act,  whether 
a  suit  or  action  has  been  instituted  thereon  at  the  time 
of  the  taking  effect  of  this  Act  or  not,  but  actions  may 
be  brought  upon  such  causes  in  the  same  manner,  under 
the  same  terms  and  conditions,  and  with  the  same  effect 
as  though  said  chapters  had  not  been  repealed. 

Orders,  (c)  All  orders,  decisions,  rules  or  regulations 
heretofore  made,  issued  or  promulgated  by  the  commis- 
sion shall  continue  in  force  and  have  the  same  effect 
as  though  they  had  been  lawfully  made.  Issued  or  pro- 
mulgated  under   the   provisions  of  this  Act. 

(d)  This  Act,  in  so  far  as  it  embraces  the  same  sub- 
ject matter,  shall  be  construed  as  a  continuation  of 
chapter  20  of  the  laws  of  1911,  approved  February  10, 
1911,  and  chapter  386  of  the  laws  of  1911,  approved  April 
6,   1911. 

Parts  of  statutes  to  he  construed,  separately.  §  84.  If 
any  section,  subsection,  sentence,  clause  or  phrase  ot 
this  Act  is  for  any  reason  held  to  be  unconstitutional, 
such  decision  shall  not  affect  the  validity  of  the  re- 
maining portions  of  this  Act.  The  legislature  hereby 
declares  that  it  would  have  passed  this  Act,  and  each 
section, '  subsection,  sentence,  clause  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other 
sections,  subsections,  sentences,  clauses  or  phrases  be 
declared   unconstitutional. 

Interstate  and  foreign  trade.  §  85.  Neither  this  Act 
nor  any  provision  thereof,  except  when  specifically  so 
stated,  shall  apply  or  be  construed  to  apply  to  commerce 
with  foreign  nations  or  commerce  among  the  several 
States  of  this  Union,  except  in  so  far  as  the  same  may 
be  permitted  under  the  provisions  of  the  Constitution  of 
the   United    States   and   the   Acts   of   congress. 

Railroad  commission  fund.  §  86.  All  moneys  which  are 
paid  into  the  State  treasury  by  the  commission  up  to 
and  including  the  thirtieth  day  of  June,  1913,  under  the 
provisions  of  §  57  of  this  Act,  and  credited  to  the 
railroad  commission  fund,  are  hereby  appropriated,  to  be 
used  by  the  commission  in  carrying  out  the  provisions  of 
this  Act,  and  the  controller  is  hereby  directed  to  draw 
his  warrant  on  said  fund  from  time  to  time  in  favor  of 
the  commission  for  the  amounts  expended  under  its 
direction,  and  the  treasurer  is  hereby  authorized  and 
directed'  to  pay  the  same. 

Repeal.  §  87.  The  railroad  comm'ission  Act,  approved 
February  10,  1911,  and  the  Act  entitled  "An  Act  to 
amend  the  railroad  commission  Act  by  amending  §  15 
thereof  relating  to  powers  and  duties  of  the  Railroad 
Commission  of  the  State  of  California,  and  to  amend 
§  37  thereof  relating  to  free  and  reduced-rate  transpor- 
tation for  freight  and  passengers,"  approved  April  6,  1911, 
and  all  Acts  or  parts  of  Acts  inconsistent  with  the  pro- 
visions of  this  Act,  are  hereby  repealed. 

In  effect  when.  §  88.  This  Act  shall  take  effect  90  days 
after  the  final  adjournment  of  this  session  of  the  legis- 
lature. 

SALE    OF    FRANCHISES    BY    MUNICIPALITY. 

(Statutes  of  1905,  page  777.) 

Franchise  granted  upon  conditions.  §  1.  Every  fran- 
chise or  privilege  to  erect  or  lay  telegraph  or  telephone 
wires,  to  construct  or  operate  street  or  interurban  railroads 
upon  any  public  street  or  highway,  to  lay  gas  pipes  for  the 
purpose  of  carrying  gas  for  heat  and  power,  to  erect  poles 
or  wires  for  transmitting  electric  heat  and  power  along  or 
upcn  any  street  or  highway,  or  to  exercise  any  other  privi- 
lege whatever  hereafter  proposed  to  be  granted  by  boards 
of  supervisors,  boards  of  trustees  or  common  councils,  or 
other  governing  or  legislative  bodies  of  any  county,  city 
and  county,  city  or  town  within  this  State,  except  steam 
railroads  and  except  telegraph  or  telephone  lines  doing  an 
Interstate  business,  and  renewals  of  franchises  for  piers, 
chutes  or  wharves,  shall  be  granted  upon  the  conditions  ia 
this  Act  provided,  and  not  otherwise. 

Application.  §  2.  An  applicant  for  any  franchise  or 
privilege  above  mentioned  shall  file  with  the  governing  or 
legislative  body  of  the  county  or  municipality  an  applica- 
tion, and  thereupon  said  governing  body  shall,  in  its  dis- 
cretion, advertise  the  fact  of  said  application,  together  witli 
a  statement  that  it  is  proposed  to  grant  the  same,  in  one  or 


330 


National  Association  of  Eailway  Commissioners 


more  newspapers  of  the  county,  city  and  county,  city  or 
town  wherein  the  said  franchise  or  privilige  is  to  be  exer- 
cised. Said  advertisement  must  state  that  bias  will  be 
received  for  such  franchise,  and  that  it  will  be  awarded  to 
the  highest  bidder,  and  the  same  must  be  published  in  such 
newspaper  once  a  day  for  10  successive  days,  or  as  often 
during  said  period  as  said  paper  is  published,  if  it  be  a 
dally  newspaper;  and,  if  there  be  no  daily  newspaper  pub- 
lished in  such  county,  city  and  county,  city  or  town,  then 
it  shall  be  published  in  a  weekly  newspaper  once  a  week 
for  four  successive  weeks,  and  in  either  case  the  full  publi- 
cation must  be  completed  not  less  than  20  nor  more  than 
30  days  before  any  further  action  can  be  taken  thereon. 
(Amendment  of  March  3,  1909.) 

Publication.  §  3.  The  publication  must  state  the  char- 
acter of  the  franchise  or  privilege  proposed  to  be  granted, 
the  term  for  which  it  is  granted,  and,  if  it  be  a  street 
railroad,  the  route  to  be  traversed;  that  sealed  bids  there- 
for will  be  received  up  to  a  certain  hour  and  day  named 
therein,  and  that  the  successful  bidder  and  his  assigns 
must,  during  the  life  of  said  franchise,  pay  to  the  county 
or  municipality  2  per  cent  of  the  gross  annual  receipts  of 
the  person,  partnership  or  corporation  to  whom  the  fran- 
chise is  awarded,  arising  from  its  use,  operation  or  pos- 
session. No  percentage  shall  be  paid  for  the  first  five  years 
succeeding  the  date  of  the  franchise,  but  thereafter  such 
percentage  shall  be  payable  annually;  and  in  the  event  said 
payment  is  not  made  said  franchise  shall  be  forfeited;  pro- 
vided further,  that  if  the  franchise  be  a  renewal  of  a  right 
already  in  existence,  the  payment  of  said  percentage  of 
gross  receipts  shall  begin  at  once. 

Oross  receipts  estimated.  §  4.  In  case  the  franchise 
granted  shall  be  an  extension  of  an  existing  system  of 
street  railroad,  then  the  gross  receipts  shall  be  estimated 
to  be  one-half  of  the  proportion  of  the  total  gross  receipts 
of  said  system  which  the  mileage  of  such  extension  bears 
to  the  total  mileage  of  the  whole  system,  and  said  estimate 
shall  be  conclusive  as  to  the  amount  of  the  gross  receipts 
of  said  extension. 

Contents  of  advertisement  general.  §  5.  Said  advertise- 
ment, shall  also  contain  a  statement  that  the  said  franchise 
will  be  struck  off,  sold  and  awarded  to  the  person,  firm  or 
corporation  who  shall  make  the  highest  cash  bid  therefor; 
provided,  only,  that  at  the  time  of  the  opening  of  said  bids 
any  responsible  person,  firm  or  corporation  present  or  rep- 
resented may  bid  for  said  franchise  or  privilege  a  sum  not 
less  than  10  per  cent  above  the  highest  sealed  bid  therefor, 
and  said  bid  so  made  may  be  raised  not  less  than  10  per  cent 
by  any  other  responsible  bidder,  and  said  bidding  may  so 
continue  until  finally  said  franchise  shall  be  struck  off, 
sold  and  awarded  by  said  governing  body  to  the  highest 
bidder  therefor  in  gold  coin  of  the  United  States.  Each 
sealed  bid  shall  be  accompanied  with  cash  or  a  certified 
check,  payable  to  the  treasurer  of  such  county  or  munici- 
pality, for  the  full  amount  of  said  bid,  and  no  sealed  bid 
shall  be  considered  unless  said  cash  or  check  is  enclosed 
therewith,  and  the  successful  bidder  shall  deposit  at  least 
10  per  cent  of  the  amount  of  his  bid  with  the  clerk  of  sucli 
county  or  muncipality  before  the  franchise  shall  be  struck 
off  to  him.  And  if  he  shall  fail  to  make  such  deposit  imme- 
diately, then  and  in  that  case,  his  bid  shall  not  be  received, 
and  shall  be  considered  as  void,  and  the  said  franchise 
shall  then  and  there  be  again  offered  for  sale  to  the  bidder 
who  shall  make  the  highest  cash  bid  therefor,  suoject  to 
the  same  conditions,  as  to  deposit,  as  above  mentioned. 
Said  procedure  shall  be  had  until  said  franchise  is  struck 
off,  sold,  and  awarded  to  a  bidder  who  shall  make  the 
necessary  deposit  of  at  least  10  per  cent  of  the  amount 
thereof,  and  in  case  he  or  it  shall  fall  to  do  so,  then  the 
said  deposit  theretofore  made,  shall  be  forfeited,  and  the 
said  award  of  said  franchise  shall  be  void,  and  the  said 
franchise  shall  then  and  there,  by  said  governing  body,  be 
again  offered  for  sale  to  the  highest  bidder  therefor,  in  the 
same  manner,  and  under  the  same  restriction  as  herein- 
before provided,  and  in  case  said  bidder  shall  fall  to  deposit 
with  the  clerk  of  such  county  or  municipality,  the  remain- 
ing 90  per  cent  of  his  bid,  within  24  hours  after  its  accept- 
ance, the  award  to  him  of  said  franchise  shall  be  set  aside, 
and  the  deposit  theretofore  made  by  him  shall  be  forfeited, 
and  no  further  proceedings  for  a  sale  of  said  franchise  shall 
be  had  unless  the  same  shall  be  readvertised  and  again 
offered  for  sale,  in  the  manner  hereinbefore  provided. 

Work  legun  within  four  months.  §  6.  Work  to  erect  or 
lay  telegraph  or  telephone  wires,  to  construct  street  rail- 


roads, to  lay  gas  pipes  for  the  purpose  of  carrying  gas  for 
heat  and  power,  to  erect  poles  or  wires  for  transmitting 
electric  heat  or  power,  along  or  upon  any  public  street  or 
highway,  or  to  exercise  any  privilege  whatever,  a  franchise 
for  which  shail  have  been  granted  in  accordance  with  tha 
terms  of  this  Act,  shall  be  commenced  In  good  faith  within 
not  mere  than  four  months  from  the  granting  of  any  such 
franchise,  and  if  not  so  commenced  within  said  time  said 
franchise  so  granted  shall  be  declared  forfeited,  and  shall 
be  completed  within  not  more  than  three  years  thereafter, 
and  if  not  so  completed  within  said  time  said  franchise  so 
granted  shall  be  forfeited;  provided,  that  for  good  cause 
shown  the  governing  or  legislative  body  may  by  resolution 
extend  the  time  for  completion  thereof,  not  exceeding  three 
months. 

Bond.  §  7.  The  successful  bidder  for  any  franchise  or 
privilege  struck  off,  sold,  and  awarded  under  this  Act  shall 
file  a  bond  running  to  said  county,  city  and  county,  or  city 
or  town  with  at  least  two  good  and  sufficient  sureties,  to 
be  approved  by  such  governing  body,  in  a  penal  sum  by  it 
to  be  prescribed,  and  set  forth  in  the  advertisement  lor 
bids,  conditioned  that  such  bidder  shall  well  and  truly 
observe,  fulfill  and  perform  each  and  every  term  and  c<in- 
dition  of  such  franchise,  and  that  in  case  of  any  breach  of 
condition  of  such  bond  the  whole  amount  of  the  penal  si  m 
therein  named  shall  be  taken  and  deemed  to  be  liquidated 
damages,  and  shall  be  recoverable  from  the  principal  a  id 
sureties  upon  said  bond.  Said  bond  shall  be  filed  with  su?h 
governing  body  within  five  days  after  such  franchise  is 
awarded,  and  upon  the  filing  and  approval  of  such  bo  id 
the  said  franchise  shall,  by  said  governing  or  leglslati/e 
body,  be  granted  by  ordinance  to  the  person,  firm  or  Corj  o- 
ration  to  whom  it  it  has  been  struck  off,  sold  or  award<  d, 
and  in  case  that  said  bond  shall  not  be  so  filed  the  awa  d 
of  such  franchise  shall  be  set  aside,  and  any  money  pad 
therefor  shall  be  forfeited,  and  said  franchise  shall,  in  t  le 
discretion  of  said  governing  or  legislative  body,  be  readvc  r- 
tised,  and  again  offered  for  sale  in  the  same  manner  a)  d 
under  the  same  restrictions  as  hereinbefore  provided. 

Duty  of  attorney-general.  §  8.  It  shall  be  the  duty  if 
the  attorney-general,  upon  the  complaint  of  any  county  >r; 
municipality,  or,  in  his  discretion,  upon  the  complaint  if 
any  taxpayer,  to  sue  for  the  forfeiture  of  any  franchi  e 
granted  under  the  terms  of  this  Act,  for  the  non-complian  e 
with  any  condition  thereof. 

Competition  in  bidding  to  he  free.  §  9.  No  clause  r 
condition  of  any  kind  shall  be  inserted  in  any  franchi  e 
or  grant  offered  or  sold  under  the  terms  of  this  Act,  whii  h 
shall  directly  or  indirectly  restrict  free  and  open  compe  i- 
tion  in  bidding  therefor,  and  no  clause  or  provision  sh£  11 
be  inserted  in  any  franchise  offered  for  sale,  which  shE  1! 
in  anywise  favor  one  person,  firm  or  corporation  as  again  ;t 
another,  in  bidding  for  the  purchase  thereof. 

Penalty.  §  10.  Any  member  of  any  common  council  nri 
other  governing  or  legislative  body  of  any  county,  city  ai  d 
county,  city  or  town  of  this  State  who,  by  his  vote,  violat  s 
or  attempts  to  violate  the  provisions  of  this  Act,  or  ai  y 
of  them,  shall  be  guilty  of  a  misdemeanor,  and  may  lie 
punished  therefor  as  provided  by  law,  and  may  be  depriv<  d 
of  his  ofllce  by  the  decree  of  a  court  of  competent  jurisdic- 
tion, after  trial  and  conviction. 

Repeal.  §  11.  All  Act  or  parts  of  Acts  in  conflict  here- 
with are  hereby  repealed;  provided,  however,  that  nothii  g 
herein  contained  shall  be  construed  as  repealing  or  amenl- 
ing  the  following  acts,  to-wit:  "An  Act  relating  to  the 
granting  by  the  counties  and  municipalities  of  franchlS''s 
for  the  construction  of  paths  and  roads  for  the  use  if 
bicycles  and  other  horseless  vehicles,"  approved  March  27, 
1897;  "An  Act  to  authorize  cities  and  towns  to  grant  fran- 
chises for  the  construction  and  maintenance  of  railroads 
beyond  the  limits  of  such  cities  or  towns  leading  to  public 
parks  owned  thereby,"  being  chapter  40  of  the  Laws  of  18l»7 
of  the  State  of  California. 

In  effect  forthwith.  §  12.  This  Act  shal  take  effect  lia^ 
mediately. 

MUNICIPAL  OPERATION  OF  TELEPHONE,  TELEGBAPH,  ETC.  ^ 

(Statutes  of  1907,  page  597.) 
Municipal  corporation  may  build  and  operate  utility,  etc. 
1 1.  Any  Incorporated  city,  town  or  municipal  corporation 
in  this  State  is  hereby  authorized  to  construct,  equip,  use. 
maintain  and  operate  any  works,  road,  railroad,  tramway, 
power  plant,  telephone  or  telegraph  line  or  other  necessary 
works  or  structures  within  or  without  such  city,  town  or 


t  lia.-3 


Public  Service  Laws 


331 


municipal  corporation,  or  the  county  wherein  such  city, 
town  or  municipal  corporation  is  located,  for  the  prepara- 
tion, manufacture,  handling  or  transporting  of  any  mate- 
rials or  supplies  required  in  the  construction  or  completion 
by  such  city,  town  or  municipal  corporation  of  any  public 
work,  improvement  or  utility,  and,  for  the  purpose  of  con- 
structing, equipping,  using,  maintaining  or  operating  any 
such  works,  road,  railroad,  tramway,  power  plant,  tele- 
phone or  telegraph  line,  or  other  necessary  works  or  struc- 
tures, such  city,  town  ol^  municipal  corporation  is  hereby 
authorized  to  lease  or  acquire,  by  purchase,  condemnation 
or  otherwise,  and  hold  and  use,  any  land,  rights  of  way, 
water,  water  rights,  quarry,  gravel  bed  or  other  mineral 
deposits,  or  any  other  necessary  property,  within  or  with- 
out such  city,  town  or  municipal  corporation,  or  the  county 
wherein  such  city,  town  or  municipal  corporation  is  located. 

Tax  limit.  §  2.  Nothing  in  this  Act  contained  shall  be 
construed  as  extending  or  enlarging  any  limitation  pre- 
scribed by  law  or  municipal  charter  upon  taxation,  expendi- 
ture of  public  funds,  or  the  incurring  of  indebtedness  by 
any  city,  town  or  municipal  corporation. 

In  effect  forthwith.  §  3.  This  Act  shall  take  effect  im- 
mediately. 

FURNISHING  CARS  FOR  SHIPPERS. 

(Statutes  of  1909,  page  1007.) 
Duty  of  railroad  upon  application  for  cars.  §  1.  When 
the  owner,  manager  or  shipper  of  any  freight  of  any  kind 
shall  make  application  in  writing  to  any  superintendent, 
agent  or  other  person  in  charge  of  transportation  of  any 
railroad  company  or  person,  corporation,  receiver  or  trus- 
tee operating  any  line  of  railway,  at  the  point  where  cars 
are  desired  upon  which  to  ship  any  freight,  it  shall  be 
the  duty  of  such  railway  company,  corporation,  receiver, 
trustee  or  other  person  in  charge  thereof  to  supply  the 
number  of  cars  so  required  at  the  point  indicated  in  the 
application  within  the  time  hereinafter  specified  after  re- 
ceipt of  such  application,  and  such  railway  company,  per- 
son, corporation,  trustee  or  receiver  shall  supply  such  cars 
to  the  persons  so  applying  therefor  in  the  order  in  which 
such  applications  are  made,  without  giving  preference  to 
any  person;  provided,  if  the  application  be  for  ten  cars  or 
less,  the  same  shall  be  furnished  in  five  days;  provided,  if 
the  application  be  for  10  cars  and  less  than  50  cars,  the 
same  shall  be  furnished  in  10  days;  and  provided  further, 
that  if  the  application  be  for  50  cars  or  more,  such  railway 
company,  person,  corporation,  receiver  or  trustees  shall 
have  15  full  days  in  which  to  supply  the  cars;  if  the  appli- 
cation be  for  cars  for  the  transportation  of  perishable 
freight,  the  number  of  cars  applied  for  shall  be  furnished 
within  48  hours;  provided,  that  the  point  to  which  said 
freight  is  to  be  shipped  is  on  the  line  of  the  railway  com- 
pany to  which  such  application  for  cars  is  made  or  on  the 
line  of  a  railroad  with  which  the  railroad  company  to 
which  such  application  Is  made  has  connections  and  to 
which  point  it  ordinarily  receives  freight  for  shipment; 
and  provided  further,  that  railway  companies  to  which  such 
application  may  be  made  shall  not  be  obligated  under  the 
terms  hereof  to  furnish  cars  to  any  class  required  for  the 
transportation  of  the  class  of  commodity  to  be  shipped  and 
for  which  application  is  made,  unless  it  owns  or  usually 
operates  such  class  of  cars.  All  cars  supplied  in  compliance 
with  the  provisions  of  this  section  shall  be  suitable  for  the 
purpose  for  v,'hlch  they  are  ordered.  The  time  herein  stated 
for  the  delivery  of  cars  mentioned  In  any  such  application 
shall  begin  to  run  from  the  hour  of  7  o'clock  a.  m.  of  the 
next  day  folowlng  the  day  of  the  receipt  of  any  such  appli- 
cation by  the  railway  company,  corporation,  receiver,  trus- 
tee or  other  person  in  charge  to  whom  it  is  given. 

Contents  of  application.  §  2.  Said  application  for  cars 
shall  state  the  number  of  cars  desired,  the  kind  of  freight 
to  be  shipped,  the  point  of  destination,  the  time  and  place 
at  which  they  are  desired;  provided,  that  the  place  desig- 
nated where  the  cars  are  to  be  furnished  shall  be  at  some 
station  or  switch  on  the  railroad  of  the  person,  corporation, 
receiver  or  trustee  to  whom  or  to  whose  agent  such  appli- 
cation is  made. 

Penalty  for  failure  to  furnish  cars.  §  3.  When  cars  are 
applied  for  under  the  provisions  of  this  Act,  if  they  are  not 
furnished  as  herein  provided,  the  railway  company,  person, 
corporation,  receiver  or  trustee  so  failing  to  furnish  them 
shall  be  liable  and  immediately  indebted  to  the  party  or 
parties  so  applying  for  said  car  or  cars  in  the  sum  of  $5 
per  day  for  each  car  failed  to  be  so  furnished,  to  be  recov- 
ered in  any  court  of  competent  jurisdiction,  and  in  addition 


all  actual  damages  that  such  applicant  may  sustain  by  the 
failure  to  furnish  said  car  or  cars. 

Deposit  by  applicant.  §  4.  Such  applicant  shall,  at  the 
time  of  applying  for  such  car  or  cars,  deposit  with  the 
agent  of  such  company  or  with  such  person,  corporation, 
receiver  or  trustee  one-fourth  of  the  amount  of  the  freight 
charge  for  the  use  of  such  car  or  cars,  if  such  agent,  or 
such  person,  corporation,  receiver  or  trustee  shall  require 
such  deposit;  and  such  applicant  shall  within  48  hours  after 
such  car  or  cars  have  been  delivered  and  placed  as  hereto- 
fore provided  fully  load  the  same;  and  upon  failure  to  do 
so  he  shall  be  liable  and  immediately  indebted  and  pay  to 
such  company,  person,  corporation,  receiver  or  trustee  the 
sum  of  $6  per  day  for  each  car  not  used;  provided,  that 
where  applications  are  made  on  several  days,  all  of  which 
are  filled  upon  the  same  day,  the  applicant  shall  have  48 
hours  to  load  the  car  or  cars  furnished  on  the  next  appli- 
cation, and  so  on;  and  the  penalty  herein  prescribed  shall 
not  accrue  as  to  any  car  or  lot  of  cars  applied  for  on  any 
one  day,  until  the  period  within  which  they  may  be  loaded 
has  expired,  and  if  the  said  applicant  shall  not  use  such 
cars  so  ordered  by  him  he  shall  forfeit  and  pay  to  the  said 
railroad  cbmpany,  in  addition  to  the  penalty  herein  pre- 
scribed, the  actual  damages  that  such  company  may  sustain 
by  the  failure  of  the  applicant  to  use  said  cars.  Every 
such  company,  person,  corporation,  receiver  or  trustee  shall 
have  a  lien  upon  any  deposit  made  in  accordance  with  this 
section  for  any  damages  or  penalties  accruing  to  it  by  fail- 
ure to  load  any  car  or  cars  delivered  and  placed  as  in  this 
Act  provided. 

Time.  §  5.  The  time  within  which  said  cars  are  to  be 
loaded  shall  begin  to  run  from  the  hour  of  7  o'clock  a.  ni. 
of  the  day  next  following  the  day  the  same  are  furnished 
at  the  place  required  and  at  the  time  specified  in  the  appli- 
cation therefor.  If  the  said  applicant  shall  not  use  such 
cars  so  ordered  by  him,  he  shall  so  notify  the  railroad  fur- 
nishing the  same,  and  he  shall  be  liable  for  the  penalty 
above  set  forth  to  the  railway  company,  corporation,  re- 
ceiver, trustee  or  other  person  in  charge  furnishing  the 
same  for  the  period  of  one  day  after  said  notification. 
When  cars  have  been  furnished  and  loaded  it  shall  be  the 
duty  of  the  railway  company,  corporation,  receiver,  trustee 
or  other  person  in  charge  to  promptly  remove  the  same 
from  the  point  where  loaded  and  deliver  the  same  to  the 
connecting  railroad  or  to  the  person  or  persons  to  whom 
they  are  consigned,  within  a  reasonable  time.  All  persons 
to  whom  cars  are  consigned  shall  unload  the  same  within 
48  hours  after  delivery  thereof  to  the  said  consignee  at  the 
usual  and  appropriate  point  of  unloading;  and  upon  failure 
to  unload  said  car  or  cars  within  the  time  herein  specified, 
after  the  delivery  thereof  as  herein  stated,  the  consignee 
thereof  shall  be  liable  and  shall  be  held  to  be  immediately 
indebted  to  the  railway  company,  corporation,  receiver, 
trustee  or  other  person  in  charge,  delivering  said  cars,  in 
the  sum  of  $6  per  day,  or  fraction  of  a  day,  for  each  car 
so  left  unloaded.  The  time  for  unloading  such  cars  shall 
be  computed  in  the  manner  hereinbefore  prescribed  for 
loading  cars.  Nothing  in  this  Act  contained  shall  be  con- 
strued to  prevent  any  railway  company,  person,  corporation, 
receiver  or  trustee,  operating  any  line  of  railway  from  mak- 
ing and  enforcing  any  and  all  necessary  rules  for  demur- 
rage to  insure  the  loading  and  unloading  of  cars  within 
twenty-four  hours  after  delivery  thereof  to  consignors  or 
consignees  at  the  usual  and  appropriate  point  of  loading 
or  unloading:  provided,  the  rate  or  charge  for  demurrage 
so  made  shall  not  exceed  $3  for  the  first  day  after  said 
period  of  twenty-four  hours  for  each  car,  and  thereafter  the 
rate  or  charge  for  demurrage  shall  be  the  sum  of  $6  per  day 
for  each  car  as  hereinabove  in  this  section  provided. 

Claim  for  damage  assignable.  §  G.  Any  claim  which  any 
person  may  have  against  any  railway  company,  corpora- 
tion, receiver,  trustee  or  other  person  in  charge,  for  failure 
to  furnish  cars  or  for  damages  sustained  by  reason  thereof, 
shall  be  assignable  in  the  same  manner,  and  to  the  same 
extent,  as  any  assignable  claim  or  chose  in  action,  and  suit 
or  action  for  the  collection  thereof  may  be  brought  against 
any  railway  company,  corporation,  receiver,  trustee  or 
other  person  in  charge  by  any  person  having  any  such 
claim,  or  by  the  assignee  thereof. 

Evidence.  §  7.  It  shall  be  necessary  for  the  party  or 
parties  bringing  suit  against  any  railway  company,  person, 
corporation,  receiver  or  trustee  under  the  provisions  of  this 
Act,  to  show  by  evidence  that  he  or  they  had  on  band  at 


333 


National  Association  of  Eailway  Commissioners 


the  time  any  demand  for  cars  was  made  the  amount  of  oil, 
lumber,  wheat  or  other  grain,  wool,  hides,  fruit  or  other 
freight,  necessary  to  load  the  cars  so  ordered;  pVovided  no 
charge  for  failure  of  any  railway  company,  corporation, 
receiver,  trustee  or  other  person  in  charge  to  furnish  a 
car  or  cars  as  herein  required  shall  be  made  or  enforced, 
or  damages  therefor  claimed,  when  such  failure  Is  caused 
by  public  calamity,  strikes,  washouts,  acts  of  God,  the  public 
enemy,  mobs,  riots,  wrecks,  fires  or  accidents.     The  causes 


in  this  Act  enumerated,  which  afford  an  excuse  on  the  part 
of  a  railroad  for  not  furnishing  the  cars  as  required,  shall 
likewise,  and  to  the  same  extent,  excuse  the  owner,  man- 
ager or  shipper  or  consignee  of  any  freight  from  all  lia- 
bility hereunder  for  failure  to  load  or  unload  cars  as  hereia 
required. 

Applies  to  State  shipments  only.  §  8.  This  Act  shall  ap- 
ply only  to  shipments  begun  and  terminating  within  the 
State  of  California. 


PUBLIC  SERVICE  LAWS  OF  COLORADO 


CONSTITUTIONAL  PROVISIONS. 

COBPOBATIONS. 

Railroads  common  carriers — Construction:~-Inter section. 
S  4.  All  railroads  shall  be  public  highways,  and  all  rail- 
road companies  shall  be  common  carriers.  Any  association 
or  corporation  organized  for  the  purpose  shall  have  the 
right  to  construct  and  operate  a  railroad  between  any 
designated  points  within  this  State,  and  to  connect  at 
the  State  line  with  railroads  of  other  States  and  Terri- 
tories. Every  railroad  company  shall  have  the  right  with 
its  road  to  intei-sect,  connect  with  or  cross  any  other 
railroad. 

Consolidation  of  parallel  lines  forhidden.  §  5.  No  rail- 
road corporation,  or  the  lessee  or  managers  thereof, 
shall  consolidate  its  stock,  property  or  franchises  with 
any  other  railroad  corporation  owning  or  having  under 
Its  control  a  parallel  or  competing  line. 

Equal  rights  of  public  to  transportation.  §  6.  All  indi- 
viduals, associations  and  corporations  shall  have  equal 
rights  to  have  persons  and  property  transported  over 
any  railroad  in  this  State,  and  no  undue  or  unreasonable 
discrimination  shall  be  made  in  charges  or  in  facilities 
for  transportation  of  freight  or  passengers  within  the 
State,  and  no  railroad  company,  nor  any  lessee,  manager 
or  employe  thereof,  shall  give  any  preference  to  indi- 
viduals, associations  or  corporations  in  furnishing  cars 
or  motive  power. 

Existing  railroads  file  acceptance  of  constitution.  §  7.  No 
railroad  or  other  transportation  company  in  existence  at 
the  time  of  the  adoption  of  this  constitution  shall  have 
the  benefit  of  any  future  legislation,  without  first  filing  in 
the  office  of  the  secretary  of  state  an  acceptance  of  the 
provisions  of  this  constitution  in  binding  form. 

Eminent  domain — Police  power — Not  to  ie  abridged. 
§  8.  The  right  of  eminent  domain  shall  never  be  abridged 
nor  so  construed  as  to  prevent  the  general  assembly 
from  taking  the  property  and  franchises  of  incorporated 
companies,  and  subjecting  them  to  public  use,  the  same 
as  the  property  of  individuals;  and  the  police  power  of 
the  State  shall  never  be  abridged  or  so  construed  as  to 
permit  corporations  to  conduct  their  business  in  such 
manner  as  to  infringe  the  equal  rights  of  individuals 
or  the  general  well-being  of  the  State. 

Street  railroads — Consent  of  municipality.  §  11.  No 
street  railroad  shall  be  constructed  within  any  city, 
town  or  incorporated  village,  without  the  consent  of  the 
local  authorities  having  control  of  the  street  or  high- 
way  proposed   to  be   occupied   by   such   street  railroad. 

Retrospective  laws  not  to  be  passed.  §  12.  The  general 
assembly  shall  pass  no  law  for  the  benefit  of  a  railroad 
or  other  corporation,  or  any  individual  or  association  of 
Individuals,  retrospective  in  its  operation,  or  which 
imposes  on  the  people  of  any  county  or  municipal  sub- 
division of  the  State  a  new  liability  in  respect  to  trans- 
actions or  considerations  already  past. 

Telegraph  lines — Consolidation.  §  13.  Any  association 
or  corporation,  or  the  lessees  or  managers  thereof,  or- 
ganized for  the  purpose,  or  any  individual,  shall  have 
the  right  to  construct  and  maintain  lines  of  telegraph 
within  this  State,  and  to  connect  the  same  with  other 
lines,  and  the  general  assembly  shall,  by  general  law, 
of  uniform  operation,  provide  reasonable  regulations  to 
give  full  effect  to  this  section.  No  telegraph  company 
shall  consolidate  with,  or  hold  a  controlling  Interest  lu, 
the  stock  or  bonds  of  any  other  telegraph  company 
owning    or    having    control    of    a    competing    line,    or 


i 


Jl 


acquire,   by   purchase   or  otherwise,   any  other  competing 
line   of   telegraph. 

Railroad  or  telegraph  companies — Consolidating  with 
foreign  companies.  §  14.  If  any  railroad,  telegraph,  express 
or  other  corporation  organized  under  any  of  the  lax/s 
of  this  State  shall  consolidate,  by  sale  or  otherwise, 
with  any  railroad,  telegraph,  express  or  other  corpora- 
tion organized  under  any  laws  of  any  other  State  or 
Territory  or  of  the  United  States,  the  same  shall  njt 
thereby  become  a  foreign  corporation,  but  the  courts 
of  this  State  shall  retain  jurisdiction  over  that  part 
of  the  corporate  property  within  the  limits  of  tl  e 
State  in  all  matters  which  may  arise,  as  if  said  eg 
solldation  had  not  taken  place. 

Contracts  with  employes  releasing  from  liability — Yd. 
§  15.  It  shall  be  unlawful  for  any  person,  company  or  cor- 
poration to  require  of  its  servants  or  employes,  as  a 
condition  of  their  employment  or  otherwise,  any  co;i- 
tiact  or  agreement,  whereby  such  person,  company  <r 
corporation  shall  be  released  or  discharged  from  li  l- 
bility  or  responsibility  on  account  of  personal  injurle  s 
received  by  such  servants  or  employes  while  in  tie 
service  of  such  person,  company  or  corporation,  by 
reason  of  the  negligence  of  such  person,  company  t  r 
corporation,  or  the  agents  or  employes  thereof,  an  1  , 
such  contracts  shall  be  absolutely  null  and  void. 

STATUTES. 
RAILROAD  COMMISSION  ACT  OF  1910. 

Be  it  enacted   by   the  general  assembly  of  the   State  '( / 
Colorado: 

Act  amended.  §  1.  That  an  Act  entitled  "An  Act  I  a 
regulate  common  carriers  in  this  State,  to  create  a  Stal  3 
railroad  commission,  to  prescribe  and  define  its  duties,  t  i 
fix  the  salaries  of  the  commissioners  and  of  the  employe  3 
of  the  commission,  to  prevent  the  imposition  of  unreasoi  ■ 
able  rates  and  charges,  to  prevent  unjust  discrimination  , 
to  secure  an  adequate  railway  service,  to  prevent  the  givin  i 
or  receiving  of  rebates,  to  prescribe  the  mode  of  procedur  ■, 
and  the  rules  of  evidence  in  relation  thereto,  to  prescribe 
penalties  for  violations  of  this  Act,  to  exercise  a  generi  1 
supervision  over  the  conduct  and  operation  of  common  ca- 
riers,  and  to  repeal  all  Acts  and  parts  of  Acts  inconsistei  t 
herewith,"  approved  March  22,  1907,  be  and  the  same  is 
hereby  amended  and  as  amended  re-enacted  to  read  as 
follows : 

Application  of  Act.  §  1.  That  the  provisions  of  th:  a 
Act  shall  apply  to  any  corporation  or  to  any  person  or 
persons  who  shall  be  held  to  be  common  carriers  within 
the  meaning  and  purpose  of  this  Act,  and  to  any  common 
carrier  or  carriers  engaged  in  the  transportation  of  pas- 
sengers or  property  by  railroad  from  one  point  or  place 
within  the  State  to  any  other  point  or  place  within  the 
State.  This  Act  shall  not  apply  to  the  ownership  or  open- 
tion  of  street  railways  conducted  solely  as  common  carriers 
in  the  transportation  of  passengers  within  the  limils 
of  cities  and  towns. 

Terms  defined — Common  carriers — Railroad — Transpor- 
tation. §  2.  The  term  "common  carrier,"  as  used  in  th:.8 
Act  shall  also  include  express  companies,  private  freiglit 
car  lines  and  pipe  lines.  The  term  "railroad"  as  used 
in  this  Act  shall  include  all  bridges  used  or  operated  in 
connection  with  any  railroad,  and  also  all  the  roads  in 
use  by  any  corporation  operating  a  railroad,  whether 
owned  or  operated  under  a  contract,  agreement  or  lease; 
and  shall  also  include  all  switches,  spurs,  tracks  and 
terminal    facilities   of   every   kind   used   or   necessary   in 


Public  Service  Laws 


333 


the  transportation  of  the  persons  or  property  designated 
herein,  and  also  all  freight  depots,  yards  and  grounds, 
used  or  necessary  in  the  transportation  of  the  person  or 
property  designated  herein,  and  also  all  freight  depots, 
yards  and  grounds,  used  or  necessary  in  the  transportation 
or  delivery  of  any  of  said  property;  and  the  term  "trans- 
portation" shall  Include  all  cars,  and  all  other  vehicles  and 
instrumentalities  and  facilities  of  a  shipment  or  carriage, 
irrespective  of  ownership  or  of  any  contract,  express  or 
implied,  for  the  use  tHerfeof,  and  all  service  in  connection 
with  the  receipt,  delivery,  elevation  and  transfer  in 
transit,  ventilation,  refrigeration  or  icing,  demurrage, 
storing  or  handling  of  property  transported;  and  it 
shall  be  the  duty  of  every  common  carrier,  subject  to 
the  provisions  of  this  Act,  to  provide  and  furnish  such 
transportation  upon  reasonable  request  therefor,  and  to 
establish  through  routes  and  just  and  reasonable  rates 
applicable  thereto,  and  to  provide  a  sufficient  number 
of  cars,  and   a   reasonable  time  schedule   for  trains. 

Charges  to  he  reasonable.  §  3.  All  charges  made  for 
any  service  rendered  or  to  be  rendered  in  the  transpor- 
tation of  passengers  or  property,  as  aforesaid,  or  in 
connection  therewith,  shall  be  just  and  reasonable;  and 
every  unjust  and  unreasonable  charge  for  such  service, 
or  any  part  thereof,  is  prohibited  and  declared  to  be 
unlawful. 

Unjust  discrimination  prohibited  —  Rebates  —  Employes 
and  their  families  defined.  §  4.  That  if  any  common  car- 
rier, subject  to  the  provisions  of  this  Act,  shall  directly 
or  indirectly,  by  any  special  rate,  rebate,  drawback,  or 
any  device,  charge,  demand,  collect  or  receive,  from 
any  person,  corporation,  or  persons,  a  greater  or  less 
compensation  for  any  service  rendered  or  to  be  rendered 
in  the  transportation  of  property,  subject  to  the  provi- 
sions «£  this  Act,  than  it  charges,  demands,  collects  or 
receives  from  any  other  person,  corporation,  or  persons 
for  doing  him  or  them  a  like  and  contemporaneous 
service  in  the  transportation  of  a  like  kind  of  traffic, 
under  similar  circumstances  and  conditions,  such  com- 
mon carrier  shall  be  deemed  guilty  of  an  unjust  dis- 
crimination, which  is  hereby  prohibited  and  declared  to 
be  unlawful.  Nothing  herein  shall  prevent  the  carriage 
or  transporting  free,  or  at  reduced  rates,  of  the  house- 
hold goods  or  other  personal  property  of  officers,  em- 
ployes, agents,  in  the  employ  of  such  common  carriers, 
or  the  interchange  of  franks  for  the  free  transportation 
of  personal  property  of  officers,  agents,  attorneys  and  em- 
ployes of  common  carriers  and  their  families,  or  for 
the  United  States,  the  State  or  any  political  subdi- 
vision thereof,  or  any  municipality  thereof,  or  for  char- 
itable purposes,  or  to  and  from  fairs  and  expositions  for 
exhibition  thereat.  The  term  "employes"  as  used  herein 
shall  include  furloughed,  pensioned  and  superannuated 
employes,  persons  who  have  become  disabled  or  infirm 
in  the  service  of  any  such  common  carrier,  and  the 
remains  of  a  person  killed  in  the  employment  of  a  carrier 
and  ex-employes  traveling  for  the  purpose  of  entering 
the  service  of  any  such  common  carrier;  and  the  term 
"families"  as  used  in  this  paragraph  shall  include  the 
families  of  those  persons  named  in  this  proviso,  also  the 
families  of  persons  killed,  and  the  widows  during 
v.idowhood  and  minor  children  during  minority,  of  per- 
sons who  died  while  in  the  service  of  any  such  common 
carrier. 

Unreasonable  preferences  prohibited — Special  shipments 
provided  for.  §  5.  That  It  shall  be  unlawful  for  any  corn- 
common  carrier,  subject  to  the  provisions  of  this  Act,  to 
make  or  give  any  undue  or  unreasonable  preference 
or  advantage  to  any  particular  person,  company,  firm, 
corporation  or  locality,  or  concerning  any  particular 
description  of  freight  traffic  in  any  respect  whatsoever, 
cr  to  subject  any  particular  person,  company,  firm,  cor- 
poration or  locality,  or  any  particular  freight  traffic,  to 
any  undue  or  unreasonable  prejudice  or  disadvantage  in 
any  such  respect  whatsoever.  Provided,  that  perishable 
products  and  live  stock  may  be  made  special  shipments 
and   handled  accordingly. 

Schedules  of  rates  filed  with  commission — Posted  in 
depots.  §  6.  That  every  common  carrier,  subject  to  the 
provisions  of  this  Act,  shall  file  with  the  commission 
created  by  this  Act,  print  and  keep  open  to  public  in- 
spection, schedules  showing  all  the  rates,  fares  and 
charges    for    transportation    between    points    on   its    own 


route  in  this  State,  and  between  points  on  its  own 
route  and  points  on  the  route  of  any  other  common  car- 
rier by  railroad,  pipe  line,  or  other  vehicle  in  this 
State  when  a  through  route  and  joint  rate  have  been 
established.  If  no  joint  rate  over  the  through  route  has 
been  established  the  several  common  carriers  in  such 
through  route  shall  file,  print  and  keep  open  to  public 
inspection,  as  aforesaid,  the  separately  established  rates, 
fares  and  charges  applied  to  the  through  transporta- 
tion. The  schedules  printed,  as  aforesaid,  by  any  such 
common  carrier  shall  plainly  state  the  places  between 
which  passengers  or  property  will  be  carried,  and  shall 
contain  the  classification  of  freight  in  force,  and  shall 
also  state  separately  all  terminal  charges,  demurrage 
charges,  storage  charges,  icing  charges,  and  all  other 
charges  which  the  commission  may  require,  all  priv- 
ileges or  facilities  granted  or  allowed  and  any  rules  or 
regulations  which  in  anywise  change,  affect  or  determine 
part  or  the  aggregate  of  any  such  aforesaid  rateg,  fares 
and  charges,  or  the  value  of  the  services  rendered  to  the 
pasfeenger,  shipper  or  consignee.  Such  schedule  shall 
be  plainly  printed  in  large  type  and  copies  for  the  use 
of  the  public  shall  be  kept  posted  in  two  public  and 
conspicuous  places  in  every  depot,  station  or  office  of 
such  carrier  where  freight  or  passengers  are  received  for 
transportation,  in  such  form  that  they  shall  be  acces- 
sible to   the  public  and   can  be  conveniently  inspected. 

Change  of  rates— Notice.  §  7.  No  change  shall  be  made 
in  the  rates,  fares  and  charges,  or  joint  rates,  fares 
and  charges,  which  have  been  filed  and  published  by 
any  common  carrier  in  compliance  with  the  requirements 
of  this  Act  except  after  30  days'  notice  to  the  com- 
mission and  to  the  public  published  as  aforesaid,  which 
shall  plainly  state  the  changes  proposed  to  be  made 
in  the  schedule  then  in  force  and  the  time  when  the 
changed  rates,  fares  or  charges  will  go  into  effect;  Pro- 
vided, That  the  commission  may,  in  its  discretion  and 
fcr  good  cause  shown,  allow  changes  upon  less  than  the 
notice  herein  specified,  or  modify  the  requirements  of 
this  Act  in  respect  to  publishing,  posting  and  filing 
or  tariffs  either  in  particular  instances  or  by  a  general 
order  applicable  to  special  or  peculiar  circumstances  or 
conditions.  The  commission  may  determine  and  pre- 
scribe the  form  in  which  the  schedule,  required  by  this 
Act  to  be  kept  open  to  the  public  inspection,  shall  be 
prepared  and  arranged  and  may  change  the  same  from 
time  to  time  as  may  be  deemed  expedient,  but  the  form 
of  such  schedule  shall  conform  as  nearly  as  practicable 
to  the  forms  required  by  the  Interstate  Commerce  Com- 
mission. 

Damages  for  violation  of  this  Act — Loss  or  injury  of 
property — Limitation  of  liability.  §  8.  That  in  case  any  com- 
mon carrier  subject  to  the  provisions  of  this  Act  shall  do, 
cause  to  be  done,  or  permit  to  be  done  any  act,  matter  or 
thing  in  this  Act  prohibited  or  declared  to  be  unlawful,  or 
shall  omit  to  do  any  act,  matter  or  thing  in  this  Act  required 
to  be  done,  such  common  carrier  shall  be  liable  to  the  per- 
son or  persons  injured  thereby  for  the  full  amount  of 
damages  sustained  in  consequence  of  any  such  violation 
of  the  provisions  of  this  Act.  Every  common  carrier 
receiving  property  for  transportation  between  points 
within  this  State  shall  issue  a  receipt  or  a  bill  of 
lading  therefor,  and  shall  be  liable  to  the  lawful  holder 
thereof  for  all  loss,  damage,  or  injury  to  such  property 
caused  by  it  or  by  any  common  carrier  to  which  such 
property  may  be  delivered,  or  over  whose  lines  such 
property  may  pass.  No  contract,  receipt,  rule  or  regula- 
tion shall  exempt  such  common  carrier  from  liability  in 
this  section  imposed,  but  the  carrier  shall  not  be  re- 
sponsible for  any  greater  sum  than  the  value  as  fixed 
in  the  contract,  receipt  or  bill  of  lading,  where  such 
valuation  is  stated.  But  nothing  in  this  section  shall 
deprive  any  holder  of  such  receipt,  or  bill  of  lading, 
of  any  remedy  or  right  of  action  which  he  has  under 
existing  law.  The  common  carrier  issuing  such  receipt 
or  bill  of  lading  shall  be  entitled  to  recover  from  the 
common  carrier  on  whose  line  the  loss,  damage  or 
injury  shall  have  been  sustained,  the  amount  of  such 
loss,  damage,  or  injury,  as  it  may  be  required  to  pay  to 
the  owners  of  such  property,  as  may  be  evidenced  by 
r.ny  receipt,  judgment  or  transcript  thereof. 

Wilful  violation  of  the  Act  a  misdemeanor.  §  9.  That 
any    common    carrier    subject   to   the   provisions    of   this 


334 


Natiokal  Association  of  Railway  Commissioners 


Act,  or,  whenever  such  common  carrier  is  a  corporation, 
any  director  or  officer  thereof,  or  any  receiver,  trustee, 
lessee,  agent  or  person  acting  for  or  employed  by  such 
corporation,  or  any  shipper,  consignee  or  applicant  for 
cars,  who  alone  or  with  any  other  corporation,  company, 
person  or  party  shall  wilfully  do  or  cause  to  be  done, 
shall  wilfully  suffer  or  permit  to  be  done,  any  act,  mat- 
ter or  thing  in  this  Act  prohibited,  or  declared  to  be 
unlawful,  or  who  shall  aid  or  abet  therein,  or  shall  wil- 
fully omit  or  fail  to  do  any  act,  matter  or  thing  in  this 
Act  required  to  be  done,  or  shall  aid  or  abet  any  such 
omission  or  failure  or  shall  be  guilty  of  any  infraction 
of  this  Act,  or  shall  aid  or  abet  therein,  or  shall  fail 
or  refuse  or  neglect  to  obey  any  order  of  the  commis- 
sion made  under  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall,  upon  con- 
viction thereof  in  any  District  Court  of  this  State  within 
the  jurisdiction  of  which  such  offense  was  committed, 
be  subject  to  a  fine  of  not  less  than  One  Hundred  Dollars 
nor  more  than  One  Thousand  Dollars  for  each  offense. 

Misdemeanor  to  induce  common  carrier  to  discrimiTiate 
unjustly — Damages.  §  10.  That  if  any  person  or  any  officer 
or  agent  of  any  corporation  or  company  shall,  by  payment  of 
money  or  other  thing  of  value,  solicitation  or  otherwise,  in- 
duce any  common  carrier  subject  to  the  provisions  of  this 
Act,  or  any  of  its  officers  or  agents,  to  discriminate 
unjustly  in  its  or  their  favor  as  against  any  other  consignor 
or  consignee,  in  the  transportation  of  property,  or  shall 
aid  or  abet  any  common  carrier  in  any  such  unjust 
discrimination,  such  person  or  such  officer  or  agent  of 
such  corporation  or  company  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall,  upon  conviction  thereof, 
in  any  court  of  this  State  of  competent  jurisdiction, 
be  subject  to  a  fine  of  not  exceeding  One  Thousand  Dol- 
lars; and  such  person,  corporation  or  company  shall 
also,  together  with  such  common  carrier,  be  liable 
jointly,  or  severally,  to  consignor  or  consignee  dis- 
criminated against,  for  all  damages  caused  by  or  re- 
sulting therefrom. 

State  railroad  commission  created — Appointed  by  gov- 
ernor —  Terms  —  Vacancies  —  Officers  —  Qualifications — 
Compensation.  §  11.  That  a  commission  is  hereby  created 
and  established  to  be  known  as  the  "State  Railroad 
Commission  of  Colorado,"  which  shall  be  composed  of 
three  commissioners,  who  shall  hereafter  be  appointed 
by  the  governor  by  and  with  the  consent  of  the  senate. 
Provided  that  the  three  commissioners  who  were  elected 
in  November,  1908,  shall  be  the  commissioners  here- 
under for  the  terms  for  which  they  were  elected,  that  Is 
to  say,  Worth  L..  Seely  shall  be  a  commissioner  to  serve 
until  the  second  Tuesday  in  January,  1911;  Daniel  H. 
Staley  shall  be  commissioner  to  serve  until  the  sec- 
ond Tuesday  in  January,  1913,  and  Aaron  P.  Anderson 
shall  be  a  commissioner  to  serve  until  the  second  Tues- 
day in  January,  1915;  one  commissioner  shall  be  ap- 
pointed by  the  governor  to  serve  for  six  years,  beginning 
on  the  second  Tuesday  in  January,  1911,  and  every 
two  years  thereafter  one  commissioner  shall  be  appointed 
for  the  term  of  six  (6)  years  beginning  on  the  second 
Tuesday  in  January  after  each  general  State  election. 
The  governor  shall  fill  vacancies  on  the  commission 
caused  by  resignation  or  death  of  any  commissioner 
appointed  or  elected  as  hereinbefore  provided,  and  any 
person  who  shall  be  appointed  to  fill  any  such  vacancy 
shall  be  appointed  to  hold  the  office  of  commissioner 
only  for  the  period  of  time  ending  when  the  said  orig- 
inal  appointment  or  election   would   have  ended. 

That  within  10  days  after  appointment  of  any 
commissioner,  the  commission  shall  meet  and  organize 
by  electing  one  of  its  members  president  and  one  jas 
secretary  for  the  next  two  years. 

No  person  shall  be  eligible  to  the  office  of  commis- 
sioner who  shall  be  pecuniarily  interested,  either  directly 
or  indirectly,  in  any  common  carrier  subject  to  the 
provisions  of  this  Act,  nor  shall  he  serve  in  any  position, 
station,  or  office  in  any  political  party. 

Said  commissioners  shall  receive  as  compensation 
for  their  services  the  sum  of  Three  Thousand  Dollars 
each  per  annum  for  the  respective  terms  for  which  they 
were  elected;  all  commissioners  appointed  after  the 
passage  of  this  Act  shall  receive  as  compensation  the 
sum  of  Four  Thousand  Dollars  each  per  annum,  and 
shall    not    engage    in    any    other    business    during    the 


I 


term  for  which  they  are  appointed.  That  all  common 
carriers  shall  furnish  free  transportation  to  members  of 
the  commission  or  its  employes  while  in  the  discharge 
of   their   duties. 

Powers — Duty  of  attorney-general  and  district  attorneys 
to  institute  proceedings — Commission  may  call  and  examine 
witnesses — Penalty  for  refusal  to  answer  subpoena — Coin- 
mission  to  make  rules  for  its  government — Depositors. 
§  12.  That  the  commission  hereby  created  shall  have  au- 
thority to  inquire  into  the  management  of  the  business  of 
all  common  carriers  subject  to  the  provisions  of  this  Act, 
and  shall  keep  itself  informed  as  to  the  manner  and 
method  in  which  the  same  is  conducted,  and  shall  have 
the  right  to  obtain  from  such  common  carrier  full  and 
complete  information  necessary  to  enable  the  commis- 
sion to  perform  the  duties  and  carry  out  the  objects 
for  which  It  is  created;  and  the  commission  is  hereby 
authorized  and  required  to  execute  and  enforce  the  pro- 
visions of  this  Act,  and  upon  the  request  of  the  coti- 
mission  it  shall  be  the  duty  of  the  attorney-general  or 
the  district  attorney  in  the  district  wherein  the  cause 
of  action  arose,  under  the  direction  of  the  attorney- 
general,  to  institute  all  necessary  proceedings  for  the 
enforcement  of  the  provisions  of  this  Act  and  for  tie 
punishment  of  all  violations  thereof.  The  members  of 
the  commission  shall  each  have  power  to  administer 
oaths,  and  for  the  purpose  of  this  Act  the  commissloa 
shall  have  the  power  to  require  by  subpoena  the  at- 
tendance and  testimony  of  witnesses  and  the  productioa 
of  all  books,  papers,  tariffs,  contracts,  agreements  and 
documents  relating  to  any  matter  under  investigation. 
And  any  of  the  District  Courts  of  this  State  within  thj 
jurisdiction  of  which  said  inquiry  is  carried  on  ma;, 
in  case  of  refusal  to  obey  the  subpoena  issued  to  an ' 
common  carrier  or  other  person  subject  to  the  provisions 
of  this  Act,  issue  an  order  requiring  such  common  ca  - 
rier  or  other  person  to  appear  beCore  said  commisslo  i 
fand  produce  books  and  papers,  if  so  ordered)  and  giv  i 
evidence  touching  the  matters  in  question ;  and  an  / 
failure  to  obey  such  order  of  the  court  may  be  punishe  1 
by  such  court  as  contempt  thereof.  The  claim  that  an' 
such  testimony  or  evidence  may  tend  to  criminate  th  > 
person  giving  such  evidence  shall  not  excuse  such  wl  - 
ness  from  testifying,  but  such  evidence  or  testimon  • 
shall  not  be  used  against  such  person  on  the  trial  of  an  ■ 
criminal  proceeding. 

The  commission  shall  have  the  power  to  make  a  1 
needful  rules  for  its  government  and  proceedings.  The  r 
shall  be  known  collectively  as  "State  Railroad  Commi:  - 
sion  of  Colorado,"  and  shall  have  a  seal  with  the  wordi 
"State  Railroad  Commission  of  Colorado"  engrave  1 
thereon,  which  shall  be  judicially  noticed,  and  und<  r 
such  name  may  sue  and  be  sued.  The  testimony  of  an'- 
witness  may  be  taken,  at  the  instance  of  a  party  in  an/ 
proceeding  or  investigation  pending  before  the  comml;  - 
sion,  by  deposition,  at  any  time  after  a  cause  or  proceec  - 
Ing  is  at  issue  on  complaint  and  answer;  such  deposi- 
tions shall  be  conducted  as  are  depositions  in  the  courts 
of  this  State. 

Complaints  against  carriers — Commission  to  investigat'. 
Finding  of  damages.  §  13.  That  any  person,  firm,  corpor  i- 
tion  or  association,  or  any  mercantile,  agricultural  ( r 
manufacturing  society,  or  any  body  politic  or  municipKl 
organization  or  any  common  carrier,  or  any  shipper, 
consignee  or  applicant  for  cars,  complaining  of  anything 
done  or  omitted  to  be  done  by  any  common  carrl*  r 
subject  to  the  provisions  of  this  Act,  or  In  contra ventio  a 
of  any  of  the  provisions  thereof,  may  apply  to  said 
commission  by  petition  which  shall  briefly  state  the  facts, 
whereupon  a  statement  of  the  charges  thus  made  shall 
be  immediately  forwarded  by  the  commission  to  such 
common  carrier,  who  shall  be  called  upon  to  satis)  y 
the  complaint,  or  to  answer  the  same  in  writing  within 
a  reasonable  time  to  be  specified  by  the  commission.  If 
such  common  carrier,  within  the  time  specified,  shall 
aake  reparation  for  the  injury  alleged  to  be  done,  such 
common  carrier  shall  be  relieved  of  liability  to  the  coiq- 
plainant,  only  for  the  particular  violation  of  the  law 
complained  of.  If  such  common  carrier  shall  not  satisfy 
the  complaint  within  the  time  specified,  or  there  shall 
appear  to  be  any  reasonable  ground  for  investigating 
said  complaint,  It  shall  be  the  duty  of  the  commission 
to  Investigate  the  matters  complained  of  in  such  man- 
ner  and   by   such   means   as   It  shall   deem   proper,  and 


Public  Service  Laws 


335 


to  arrive  at  a  finding  therein,  and  to  notify  sucli  com- 
non  carrier  of  such  finding,  together  with  the  amount 
of  damages,  i£  any,  as  provided  in  this  Act,  decided  as 
just  by  the  commission. 

Commission  to  make  reports  after  investigations — Rec- 
ord thereof  evidence — Publication  of  decisions.  §  14.  That 
whenever  investigations  shall  be  made  by  said  commis- 
elon,  it  shall  be  its  duty  to  make  a  report  in  writing 
In  respect  thereto,  which  shall  state  the  conclusions  of 
the  commission,  togetHer  with  its  decision,  order  or 
requirement  in  the  premises.  All  reports  of  investi- 
gations made  by  the  commission  shall  be  entered  of 
record  and  a  copy  thereof  shall  be  furnished  to  the 
party  who  may  have  complaiiled  and  to  the  common 
carrier.  The  commission  may  provide  for  the  publication 
of  its  reports  and  decisions  in  such  form  and  manner 
as  may  be  best  adapted  for  public  information  and  use, 
and  such  authorized  publications  shall  be  competent 
evidence  of  the  reports  and  decisions  of  the  commission 
therein  contained  in  all  the  courts  of  this  State,  without 
any  further  proof  or  authentication  thereof. 

The  commission  may  also  cause  to  be  printed  for  dis- 
tribution its   annual  reports. 

Commission  may  order  common  carrier  to  cease  discrim- 
ination—When orders  in  effect.  §  15.  That  the  commission 
Is  authorized  and  empowered  and  it  shall  be  its  duty 
whenever  after  full  hearing  upon  a  complaint  made  as 
provided  herein,  or  upon  complaint  of  any  common 
carrier,  shipper,  consignee,  or  applicant  for  cars,  it 
shall  be  of  opinion  that  any  of  the  rates  or  charges 
complained  of  and  demanded,  charged  or  collected  by 
p,ny  common  carrier  or  common  carriers  subject  to 
the  provisions  of  this  Act,  for  the  transportation  of 
property  or  passengers  as  defined  by  this  Act,  or  that 
any  regulation  or  practice  whatsoever  of  such  common 
carrier  or  common  carriers  affecting  such  rates  or 
charges  are  unjust  or  unreasonable  or  are  unjustly  dis- 
criminatory or  unduly  preferential  or  prejudicial,  or  other- 
wise In  violation  of  any  of  the  provisions  of  this  Act, 
to  determine  and  prescribe  in  what  respect  such  rates, 
charges,  regulations  or  practices  are  unjust  or  unreason- 
able or  unjustly  discriminatory  or  unduly  preferential  or 
prejudicial,  or  otherwise  in  violation  of  any  of  the  provi- 
sions of  this  Act,  and  to  make  an  order  that  the  common 
carrier  shall  cease  and  desist  from  such  violations  and 
shall  not  thereafter  publish,  demand  or  collect  such 
rate  or  charge  for  such  transportation  or  seek  to  en- 
force the  regulation  or  practice,  so  determined  to  be 
unjust.  All  orders  of  the  commission  shall  take  effect 
within  such  reasonable  time,  not  less  than  thirty  days, 
and  shall  continue  in  force  for  such  period  of  time,  not 
exceeding  two  years,  as  stall  be  prescribed  in  the  order 
of  the  commission,  unless  the  same  shall  be  suspended, 
modified  or  set  aside  by  the  commission,  or  be  suspended, 
modified  or  set  aside  by  a  court  of  competent  jurisdic- 
tion. 

Commission's  order  to  pay  damages — How  enforced  ty 
the  courts.  §  16.  That  if,  after  hearing  on  an  original 
complaint,  as  provided  by  this  Act,  the  commission  shall 
determine  that  any  party  complainant  petitioning  therefor 
is  entitled  to  an  award  of  damages  under  the  provisions 
of  this  Act  for  violation  thereof,  the  commission  shall 
make  an  order  directing  the  common  carrier  to  pay  to 
the  complainant  the  sum  to  which  he  is  entitled,  on  or 
before  a  day  named.  If  the  common  carrier  does  not 
comply  with  an  order  for  the  payment  of  money  within 
the  time  limit  of  such  order  of  the  commission,  the  com- 
plainant, or  any  person  for  whose  benefit  such  order 
was  made,  may  file  in  any  District  Court  of  this  State 
having  jurisdiction  of  the  common  carrier,  a  petition 
setting  forth  briefly  the  cause  for  which  he  claims  dam- 
ages, and  the  order  of  the  commission  in  the  premises; 
Euch  suit  shall  proceed  in  all  respects  like  other  civil 
suits  for  damages,  except  that  upon  the  trial  of  such 
suit  the  findings  and  order  of  the  commission  shall  be 
prima  facie  evidence  of  the  facts  therein  stated. 

The  commission  shall  be  authorized  to  suspend  or 
modify  its  order  upon  such  notice  and  in  such  manner 
as  it  shall  deem  proper. 

It  shall  be  the  duty  of  every  common  carrier.  Its 
agents  and  employes,  to  observe  and  comply  with  such 
orders  as  long  as  the  same  shall  remain  in  effect. 

Any  common  carrier,  officer,  representative  or  agent 
of  a  carrier,  or  any  receiver,  trustee,  lessee  or  agent,  or 


either  of  them,  who  knowingly  neglects  or  fails  to  obey 
any  order  made  under  the  provisions  of  this  Act,  other 
than  for  the  payment  of  money,  shall  forfeit  to  the  State 
the  sum  of  One  Thousand  Dollars  for  each  offense.  Every 
distinct  violation  shall  be  a  separate  offense,  and  in  case 
of  a  continuing  violation,  each  day  shall  be  deemed  a 
separate  offense. 

The  forfeiture  provided  for  in  this  Act  shall  be  pay- 
able into  the  treasury  of  the  State  and  shall  be  recover- 
able in  a  civil  suit  in  the  name  of  the  State,  in  the  Dis- 
trict Court  where  the  common  carrier  has  its  principal 
operating  ofllce,  or  in  any  district  through  which  the 
road  of  fhe  common  carrier  runs,  or  is  located. 

It  shall  be  the  duty  of  the  attorney-general  or  the 
district  attorney  in  the  district  wherein  the  cause  of 
action  arose,  under  the  direction  of  the  attorney-general 
of  the  State,  to  prosecute  for  the  recovery  of  forfeiture. 
The  costs  and  expenses  of  such  prosecution  shall  be 
paid  out  of  the  appropriation  for  the  expenses  of  said 
commission. 

Commission  may  grant  rehearing — Carrier  may  appeal 
to  District  Court — Further  appeal  to  Supreme  Court. 
§  17.  If,  after  a  decision,  order  or  requirement  has  been 
made  by  the  commission  in  any  proceeding,  any 
party  thereto  shall  at  any  time  make  application  for 
a  rehearing  of  the  same  or  any  matter  determined 
therein,  then  it  shall  be  lawful  for  the  commission  in  its 
discretion  to  grant  such  hearing,  if  sufficient  reason 
therefor  be  made  to  appear.  Applications  for  rehearing 
shall  be  governed  by  such  general  rules  as  the  commis- 
sion may  establish. 

After  a  decision,  order  or  requirement  has  been 
made  by  the  commission,  as  provided  in  §  15  of  this 
Act,  any  carrier  or  carriers  affected  thereby  may,  at 
any  time  within  the  time  limit  of  such  decision,  order 
or  requirement,  appeal  therefrom  to  the  District  Court 
cf  the  city  and  county  of  Denver  or  of  the  district  In 
which  the  violation  of  this  Act  is  alleged  to  have  oc- 
curred, which  court  may  either  sustain  the  decision, 
order  or  requirement  of  the  commission,  or  may  set 
aside,  suspend  or  annul  all  or  any  part  thereof.  The 
taking  and  pendency  of  such  appeal  shall  of  itself  stay 
or  suspend  the  operation  of  the  decision,  order  or  re- 
quirement of  the  commission  and  any  and  all  penalties 
for  failure  to  comply  with  the  requirements  thereof. 
All  appeals  from  the  said  commission  to  the  Supreme 
Court  of  the  State  shall  take  precedence  over  all  other 
litigation  then  pending  In  either  of  said  courts  except 
criminal  cases,  and  said  courts  shall,  upon  motion  of  the 
attorney-general,  advance  such  hearings  on  the  cal- 
endars of  said  courts  for  as  early  hearing  as  possible. 
In  all  such  appeals  to  the  District  Court  and  in  all 
appeals  to  the  Supreme  Court,  the  attorney-general 
shall  represent  the  commission  as  counsel;  any  party 
interested  in  the  proceedings  before  the  commission  may 
intervene  and  be  heard  as  a  party  to  the  suit  in  the 
District  Court  and  in  the  Supreme  Court,  and  in  case 
of  any  such  intervention  tue  attorney-general  shall 
not  dispose  of  or  discontinue  such  suit  or  proceeding 
over  the  objection  of  such  intervener,  but  said  inter- 
vener may  defend  or  continue  such  suit  unaffected  by 
any  action  or  non-action  of  the  attorney-general. 

Whenever  an  appeal  shall  be  prayed  from  a  decision, 
order  or  requirement  of  the  commission,  as  In  this  sec- 
tion provided  for,  the  commission  shall  within  ten  days 
after  the  date  of  such  prayer  for  appeal  certify  to  the 
District  Court  to  which  such  api)eal  shall  be  prayed  a 
full,  true  and  correct  transcript  of  the  proceedings  be- 
fore the  commission,  together  with  a  copy  of  the  de- 
cision, order  or  requirement  from,  and  such  decision, 
order  or  requirement  shall  be  accepted  by  such  District 
Court  as  prima  facie  evidence  of  the  facts  therein  set 
forth. 

Assistant  secretary — Stenographer — Offices  of  commit- 
sion — Witness  fees — Sessions — Access  to  accounts  and  rec- 
ords of  carriers — Penalty  for  refusal  to  sulmit  accounts, 
records,  etc.,  for  inspection.  §  18.  The  commission  may 
appoint  an  assistant-secretary  at  an  annual  salary  of 
Twenty-five  Hundred  Dollars  and  a  stenographer  at  an 
annual  salary  of  Twelve  Hundred  Dollars,  and  may  em- 
ploy such  other,  and  necessary  help,  within  the  limitB 
of  their   appropriation. 

The  commission  shall  be  provided  with  suitable  offices 
for  its  use  in  the  State  Capitol,  and  shall  have  authority 
to  procure  all  necessary  office  supplies. 


336 


Natioxal  Association  of  Eailwat  Commissionees 


I 


Witnesses  summoned  before  the  commission  shall 
be  paid  the  same  fees  and  mileage  that  are  paid  wit- 
nesses in  the  District  Courts  of  this  State.  The  commis- 
sion shall  hold  sessions  whenever  the  convenience  of  the 
public  or  of  the  parties  may  be  promoted,  and  may  hold 
special  sessions  in  any  part  of  the  State.  It  may,  by  any 
one  or  more  of  the  commissioners,  prosecute  any  inquiry 
necessary  to  its  duties  in  any  part  of  the  State  and  in 
any  matter  or  question  of  fact  pertaining  to  the  business 
of  any  common  carrier,  or  to  violations  of  this  Act  by 
shipper,  consignee,  applicant  for  cars,  or  agent  for  either 
of  them,  subject  to  the  provisions  of  this  Act. 

The  commission  shall  at  all  times  have  access  to  all 
accounts,  records  and  memoranda  kept  by  common  car- 
riers subject  to  the  provisions  of  this  Act,  and  it  may 
employ  special  agents  or  examiners  who  shall  have  au- 
thority, under  order  of  the  commission,  to  inspect  and 
examine  any  and  all  accounts,  records  and  memoranda 
kept  by  such  common  carriers.  This  provision  shall  ap- 
ply to  receivers  of  common  carriers  and  operating  trus- 
tees. 

In  case  of  failure  or  refusal  on  the  part  of  any  com- 
mon carrier,  receiver  or  trustee  to  submit  such  accounts, 
records  or  memoranda  as  are  kept  to  the  inspection  of 
the  commission,  or  any  of  its  authorized  agents  or  exami- 
ners, such  common  carriers,  receivers  or  trustees  shall 
forfeit  to  the  State  the  sum  of  Five  Hundred  Dollars  for 
each  such  offense,  and  for  each  and  every  day  of  the  con- 
tinuance of  such  offense,  such  forfeitures  to  be  recover- 
able in  the  same  manner  as  other  forfeitures  provided 
for  in  this  Act. 

Mandamus  to  issue  to  enforce  act.  §  19.  That  the  dis- 
trict Courts  of  this  State  shall  have  jurisdiction  upon 
the  application  of  the  attorney-general,  who  shall  act 
Xipon  the  request  of  the  commission,  alleging  the  failure 
to  comply  with  or  the  violation  of  any  of  the  provisions 
of  this  Act,  to  issue  a  writ  or  writs  of  mandamus,  com- 
manding such  common  carrier,  or  offending  shipper, 
consignee  or  applicant  for  cars,  to  comply  with  the  pro- 
visions of  this  Act,  or  any  of  them. 

Commission  may  petition  District  Court  for  enforcement 
of  its  orders — Court  to  enforce  obedience  by  injunction  or 
other  process — Order  in  force  pending  appeal  to  Supreme 
Court,  unless  supersedeas  granted.  §  20.  If  any  carrier 
fails  or  neglects  to  obey  any  order  of  the  commission, 
other  than  for  the  payment  of  money,  while  the  same  is 
in  effect,  any  party  injured  thereby,  or  the  commission 
In  its  own  name,  may  apply  to  the  District  Court  of  the 
district  where  such  carrier  has  its  principal  operating 
office,  or  in  which  the  violation  or  disobedience  of 
fiuch  order  shall  happen,  for  an  enforcement  of  said 
order.  Such  application  shall  be  by  petition,  which  shall 
etate  the  substance  of  the  order  and  the  respect  in 
which  the  carrier  has  failed  of  obedience,  and  shall  be 
served  upon  the  carrier  In  such  manner  as  the  court 
may  direct,  and  the  court  shall  prosecute  such  inquiries 
and  make  such  investigations  through  such  means  as 
It  shall  deem  needful  in  the  ascertainment  of  the  facts 
at  issue  or  which  may  arise  upon  the  hearing  of  such 
petition.  If,  upon  such  hearing  as  the  court  may  de- 
termine to  be  necessary,  it  appears  that  the  order  was 
regularly  made  and  duly  served  and  that  the  carrier  has 
not  appealed  therefrom  and  is  in  disobedience  of  the 
same,  the  court  shall  enforce  obedience  to  puch  order 
by  writ  of  injunction  or  other  process,  mandatory  or 
otherwise,  to  restrain  such  carrier,  its  officers,  agents 
or  representatives,  from  further  disobedience  of  same; 
and  in  the  enforcement  of  such  process  the  courts  shall 
have  those  powers  ordinarily  exercised  by  it  in  compelling 
/)bedienoe  to  Its  writs  of  injunction  and  mandamus. 
Either  party  Interested  may  have  ten  days  within  which 
to  appeal  to  the  Supreme  Court  of  this  State  from  the 
judgment,  order  or  decree  of  the  District  Court,  but 
sending  such  appeal  to  the  Supreme  Court,  the  order 
or  decree  of  the  District  Court  shall  remain  and  be  In 
full  force,  unless  and  until  the  same  shall  be  superseded 
by  an  order  of  the  Supreme  Court;  Provided,  that  unless 
m  adverse  decision  is  rendered  by  said  Supreme  Court 
•within  ninety  days  of  the  date  of  the  filing  the  said 
appeal  in  the  Supreme  Court,  then  the  order  made  by 
the  commission  shall  take  effect  and  be  in  force  until 
set  aside  by  the  Supreme  Court,  unless  the  order  of  the 
commission  shall  have  been  set  aside  or  modified  by  the 


District   Court,  and   in  such  case  the  order  of  the  Dis- 
trict Court  shall  supersede  the  order  of  the  commission. 

Cars  to  be  furnished  upon  notice — Damages  for  refusal 
or  neglect — Live  stock,  etc.,  given  preference,  and  moved  at 
speed  of  10  miles  per  hour.  §  21.  Every  common  carrier 
operating  any  railroad  shall  transport  without  unreason- 
able delay  or  discrimination  the  passengers  or  freight 
offered  by  any  connecting  common  carrier,  and  also  the 
empty  and  loaded  cars  furnished  by  any  connecting  com- 
mon carrier  to  be  delivered  at  any  station  on  its  own 
line,  to  be  loaded  or  unloaded  or  reloaded  and  returned 
upon  the  railroad  so  connecting;  and  for  compensation 
for  so  handling  such  freight  and  empty  and  loaded  cars 
it  shall  not  demand  or  receive  any  greater  sum  than  is 
accepted  by  it  from  any  other  common  carrier  operating 
another  railroad,  for  similar  services;  but  this  Act  shall 
not  be  construed  as  requiring  any  common  carrier  to 
give  the  use  of  its  tracks  or  terminal  facilities  to  another 
common  carrier  engaged  in  like  business. 

If  any  common  carrier  shall  fall,  refuse  or  neglect  to 
perform  the  duty  prescribed  In  this  section,  it  shall, 
for  every  such  violation,  failure,  neglect  or  refusal,  bo 
liable  to  the  party  damaged  thereby  In  such  sum  asi 
damages  as  may  be  recovered  in  any  court  of  competent 
jurisdiction.  In  case  there  shall  be  an  insufficiency  o:' 
cars  at  any  time  to  meet  all  requirements,  the  available - 
cars  shall  be  distributed  among  the  several  applicant) 
therefor  in  proportion  to  their  respective  immediat* 
requirements,  without  unjust  or  undue  discrlminatioi 
among  shippers  or  competitive  or  non-competitive  places 
except  that  preference  shall  be  given  to  shipments  o: 
live  stock  and  perishable  property,  but  the  commisslor 
shall  have  power  to  Investigate  such  lack  of  cars  or  o: 
motive  power,  and  to  determine  If  the  same  is  the  re 
suit  of  continued  neglect  by  the  common  carrier  tc 
secure  sufficient  cars  or  motive  power  for  use  at  al 
times,  and  if  so,  to  order  that  the  common  carrier  complj 
v^ith  the  requirements  of  this  Act,  regarding  a  suitabl* 
supply  of  cars  and  motive  power  to  meet  a  reasonable  re 
quirement.  All  common  carriers  accepting  live  stock  anc 
perishable  fruit  under  the  provisions  of  this  Act  mus' 
move  from  point  of  origin  to  destination  within  th( 
State  at  an  average  speed  of  not  less  than  ten  milei 
per  hour,  including  all  stoppages  except  where  prevent^ 
by   an   unavoidable  accident  or  unusual   storm. 

The  commission  shall  have  power  to  enforce  reasol 
able  regulations  In  supplying  cars  to  shippers  and  foi 
switching  the  same  and  for  the  loading  and  unloadini 
and  reloading  thereof,  and  for  the  weighing  of  cars  am 
freight   offered   for  shipment  by  any  common  carrier. 

Cars  must  be  loaded  within  ^8  hours — Penalty  for  fail 
ure — Exceptions.  §  22.  After  delivery  of  the  car  or  cars  to 
the  applicant  by  the  common  carrier,  48  hours  shall  bn 
allowed  to  the  applicant  to  load  said  cars,  computini. 
from  7  a.  m.  the  day  following  the  delivery  of  the 
curs,  and  upon  failure  so  to  do  the  common  carrier  shal 
be  entitled  to  collect  from  said  applicant  the  sum  o' 
one  dollar  per  day  for  each  car  not  returned  loaded  to  tho 
common  carrier  within  the  time  thus  allowed,  and  if  tho 
applicant  shall  not  use  the  cars  applied  for  the  common 
carrier  shall  be  entitled  to  collect  the  sum  of  One  DoUa  • 
per  car  per  day  and  a  reasonable  switching  charge  fo  • 
each  car  so  delivered  and  not  used.  Provided,  that  se- 
vere storms,  or  causes  which  make  delivery  of  product 
or  stock  at  the  loading  point  practically  Impossible  t) 
the  applicant  for  cars,  shall,  while  such  conditions  pre- 
vail, exempt  such  applicant  for  cars  from  the  penalty  ' 
above  named.  j 

Cars  must  be  unloaded  within  ^8  hours — Penalty  for  fai'-  ] 
ure — Exceptions.  §  23.  A  consignee  or  other  Interestel 
party  shall  be  allowed  48  hours  of  free  time  to  unloal 
c.rs  of  thirty  tons  capacity  or  tonnage,  or  less,  anl 
an  additional  24  hours  of  free  time  shall  be  allowed  oa 
cars  of  greater  tonnage  or  capacity,  taking  each  tracts 
delivery  computed  from  7  o'clock  a.  m.  of  the  day 
following  the  day  notice  of  arrival  of  the  cars  and  cf 
the  placing  at  an  accessible  point  for  unloading  is  given 
to  the  consignee  or  other  interested  party,  and  thereafter 
the  common  carrier  may  collect  a  charge  of  One  Dollar 
per  day  or  fraction  of  a  day  during  which  cars  are  not 
unloaded  or  returned  to  the  common  carrier.  Cars  of 
live  stock  shall  be  placed  for  unloading  within  two 
hours  after  reaching  destination.  In  the  event  that  cars 
are     bunched     and    delivered,     through    any    negligence   ; 


LilOl 

son 


Public  Service  Laws 


337 


of  the  carrier,  to  the  consignee,  or  the  party  whose  In- 
terest therein  may  appear,  in  numbers  beyond  his  rea- 
sonable ability  to  unload  within  the  free  time  herein 
allowed,  he  shall  be  granted  by  the  carrier  such  addi- 
tional time  as  may  be  necessary  to  unload  cars  in  the 
order  of  their  shipment. 

Application  for  cars — Penalty  for  failure  to  furnish  cars 
— Further  damages — Exception.  §  24.  It  shall  be  the  duty 
of  every  common  carrier  doing  business  in  this  State 
to  furnish  suitable  cars  to  any  and  all  persons,  firms 
or  corporations  who  a^ppiy  therefor,  for  the  transportation 
of  property  with  all  reasonable  dispatch.  Upon  appli- 
cation made  by  any  owner  or  shipper  of  property  to 
be  transported  to  any  agent  or  other  person  in  charge 
of  transportation  of  any  such  common  carrier,  at  any 
point  that  cars  are  desired  upon  which  to  ship  such 
property,  stating  the  number  of  cars  desired,  and  a 
place  at  which  they  are  desired,  and  the  time  at  which 
they  are  desired,  and  the  kind  of  property  to  be  shipped 
cr  transported,  it  shall  be  the  duty  of  such  carrier  to 
supply  the  number  of  cars  desired,  suitable  for  the  pur- 
pose required,  within  a  reasonable  time  thereafter,  not 
to  exceed  five  days.  If  any  carrier  shall  fail  or  neglect 
to  furnish  cars  when  thus  applied  for,  within  the  time 
herein  prescribed  as  herein  required,  such  carrier  shall 
forfeit  to  the  shipper  the  sum  of  One  Dollar  per  day  or 
fraction  of  a  day  for  each  car  failed  to  be  furnished 
within  the  time  as  herein  required;  Provided,  that  all 
actual  damages  such  applicant  may  sustain  ■  may  be 
sued  for  and  recovered  in  any  court  of  competent  juris- 
diction. Provided,  that  unavoidable  accidents,  unusually 
severe  storms,  or  damage  to  raodbeds  (roadbeds),  di- 
rectly affecting  the  delivery  of  such  cars,  shall  excuse 
such  common  carrier  from  the  penalties  of  this  Act, 
until  such  damages  or  other  causes  of  delay  can  be  ex- 
peditiously  removed. 

Shipment  transported  with  diligence  and  without  un- 
necessary delays — Exception — Penalty.  §  25.  It  shall  be 
the  duty  of  every  common  carrier  to  transport  any  and 
all  shipments  between  points  in  this  State  with  the  ut- 
most diligence,  and  to  move  live  stock  and  perishable 
products  toward  destination  continuously,  without  un- 
necessary delays  or  longer  stops  than  regular  stops  at 
stations,  or  stops  for  feeding,  icing  or  watering,  and  at 
a  minimum  speed  of  not  less  than  10  miles  per  hour; 
Provided,  That  excessive  storms,  unavoidable  accidents 
or  damage  to  roadbeds  which  shall  delay  such  shipments 
beyond  the  power  of  the  common  carrier  to  immediately 
overcome,  shall  exempt  such  common  carrier  from  com- 
pliance with  the  minimum  speed  limit,  until  such  storms 
subside  or  damage  can  be  expeditiously  repaired. 

For  the  failure  of  any  common  carrier  to  receive  and 
transport  such  shipments  with  the  utmost  diligence,  such 


common  carrier  issuing  the  receipt  or  bill  of  lading  there- 
for shall  pay  to  the  owner,,  consignee  or  other  interested 
party  whose  interests  may  appear,  such  actual  damages 
as  the  owner,  consignee  or  other  interested  party  may 
sustain,  and  the  same  may  be  sued  for  and  be  recovered 
in  any  court  of  competent  jurisdiction  in  the  district  in 
which  the  plaintiff  resides. 

Notice  to  commission  of  accidents — Investigations  at 
expense  of  State — Commission  to  make  rules  to  prevent 
accidents.  §  26.  Every  common  carrier  shall,  whenever  an 
accident  attended  by  bodily  injury  or  loss  of  human  life 
occurs  in  this  State  on  its  line  of  road  or  on  its  ground 
or  in  its  yards,  give  immediate  notice  thereof  to  the 
commission.  In  the  event  of  any  such  accident,  the  com- 
mission, if  it  shall  deem  the  public  interest  to  require  it, 
shall  cause  a  suitable  investigation  to  be  made  forth- 
with, and  shall  give  reasonable  notice  thereof  to  the 
person  and  common  carriers  primarily  interested.  The 
expense  of  such  investigation  shall  be  certified  by  a 
majority  •  of  the  commission  and  shall  be  audited  and 
raid  by  the  State  in  the  same  manner  as  other  ex- 
penses are  audited  and  paid.  The  commission  shall  be 
empowered  to  make  and  enforce  such  rules  as,  in  their 
judgment,  will  tend  to  prevent  accidents  in  the  operation 
of  the   railroads   of  this   State. 

Commission  may  order  improvement  in  road  and  equip- 
ment. §  27.  If,  in  the  judgment  of  the  commission,  after 
a  careful  personal  examination  and  investigation,  and 
after  a  hearing  before  the  commission,  or  the  opportunity 
for  such  hearing,  the  commission  shall  find  that  repairs, 
improvements  or  increased  facilities  in  respect  to  road- 
beds, trackage,  rolling  stock,  stations  and  depots,  yards, 
terminal  facilities,  switches,  signals,  or  any  other  element 
of  the  service  of  any  common  carrier,  shall  be  necessary 
and  within  the  reasonable  power  of  any  common  carrier 
to  make,  or  adopt,  for  the  promotion  of  the  security  of 
persons  as  to  life  and  limb,  or  for  the  convenience  and 
accommodations  of  the  public  in  the  shipping  and  hand- 
ling of  property,  the  commission  shall  make  such  reason- 
able order  requiring  any  common  carrier  to  do  any  such 
thing  deemed  by  the  commission  to  be  proper  in  respect 
to  such  matters,  within  a  reasonable  time  to  be  fixed 
by  the  commission,  as  to  them  shall  seem  so  necessary 
and  so  within  such  reasonable  power  of  such  common 
carrier;  and  the  orders  of  the  commission  in  such  respect 
shall  be  enforced  by  the  proper  writs  and  orders  of 
courts  of  competent  jurisdiction. 

Repeal.  §  28.  All  Acts  and  parts  of  Acts  Inconsistent 
herewith  are  hereby  repealed.  All  parts  of  the  Act 
hereby  amended  and  not  re-enacted  in  this  Act  are 
hereby  repealed. 

Filed  in  office  of  Secretary  of  State,  November  16, 
1910.     Not  signed  or  disapproved  by  the  Governor. 


PUBLIC  SERVICE  LAWS  OF  CONNECTICUT 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  XXV. 

AMENDMENT   ADOPTED  OCTOBER,    1877. 

Town  aid  to  railroad  corporations  prohibited.  No 
county,  city,  town,  borough,  or  other  municipality,  shall 
ever  subscribe  to  the  capital  stock  of  any  railroad  corpo- 
ration, or  become  a  purchaser  of  the  bonds,  or  make 
donation  to,  or  loan  its  credit,  directly  or  indirectly,  in 
aid  of  any  such  corporation;  but  nothing  herein  con- 
tained shall  affect  the  validity  of  any  bonds  or  debts 
Incurred  under  existing  laws,  nor  be  construed  to  pro- 
hibit the  general  assembly  from  authorizing  any  town 
or  city  to  protect  by  additional  appropriations  of  money 
or  credit  any  railroad  debt  contracted  prior  to  the  adop- 
tion of  this  amendment. 

STATUTE  LAW. 

PUBLIC  UTILITY  COMMISSION  ACT. 

An  Act  concerning  the  regulation  and  supervision  of 

public  service  corporations. 

Be  it  enacted  by  the  senate  and  house  of  representatives,  in 

general  assembly  convened: 

Definitions.    §  1.    The  term  "commission"  when  used  In 

this    Act    shall    mean    the    public    utilities    commission 

hereby  created  and  the  term  "commissioner"  shall  mean 


a  member  of  said  commission.  The  term  "electric  com- 
pany" when  used  in  this  Act  shall  include  every  cor- 
poration, company,  association,  joint  stock  association, 
partnership,  or  person,  or  lessee  thereof,  owning,  leasing, 
maintaining,  operating,  managing,  or  controlling  poles, 
wires,  conduits,  or  other  fixtures,  along  public  highways 
or  streets,  for  the  transmission  or  distribution  of  elec- 
tric current  for  sale  for  light,  heat,  or  power  within  this 
State,  or  engaged  in  generating  electricity  to  be  so 
transmitted  or  distributed  for  such  purpose.  The  term 
"gas  company"  when  used  in  this  Act  shall  include  every 
corporation,  company,  association,  joint  stock  association, 
partnership  or  person;  or  lessee  thereof,  owning,  leasing, 
maintaining,  operating,  managing,  or  controlling  mains, 
l>ipes,  or  other  fixtures,  in  public  highways  or  streets, 
for  the  transmission  or  distribution  of  gas  for  sale  for 
light,  heat,  or  power  within  this  State,  or  engaged  in 
the  manufacture  of  gas  to  be  so  transmitted  or  distributed 
for  such  purposes.  The  term  "plant"  when  used  in  this 
Act  shall  include  all  real  estate,  buildings,  tracks,  pipes, 
mains,  poles,  wires,  and  other  fixed  or  stationary  con- 
struction and  equipment,  wherever  located,  used  in  the 
conduct  of  the  business  of  the  company.  The  term 
"public  service  company"  when  used  in  this  Act  shall 
include  all  common  carriers,  railroad,  street  railway,  elec- 
tric, gas,  telephone,  telegraph  and  water  companies  owning, 


338 


National  Association  of  Railway  Commissioners 


leasing,  maintaining,  operating,  managing,  or  contl-olllng 
plants,  or  parts  of  plants,  or  equipment,  and  all  express 
companies  having  special  privileges  on  railroads  or  street 
railways,  within  this  State,  but  shall  not  include  towns, 
cities,  boroughs,  or  any  municipal  corporation  or  depart- 
ment thereof,  whether  separately  incorporated  or  not. 
The  term  "railroad  company"  when  used  in  this  Act 
shall  include  every  corporation,  company,  association, 
joint  stoclc  association,  partnership,  or  person,  or  lessee 
thereof,  owning,  maintaining,  operating,  managing,  or 
controlling  any  railroad,  or  any  cars  or  other  equipment 
employed  thereon  or  in  connection  therewith,  for  public 
or  general  use  within  this  State.  The  term  "street  rail- 
way company"  when  used  in  this  Act  shall  include  every 
corporation,  company,  association,  joint  stock  association, 
partnership,  or  person,  or  lessee  thereof,  owning,  main- 
taining, operating,  managing,  or  controlling  any  street 
railway,  or  any  cars  or  other  equipment  employed  thereon 
or  in  connection  therewith,  for  public  or  general  use 
within  this  State.  The  term  "water  company"  when  used 
in  this  Act  shall  include  every  corporation,  company, 
association,  joint  stock  association,  partnership,  or  person, 
or  lessee  thereof,  owning,  maintaining,  operating,  manag- 
ing, or  controlling  any  pond,  lake,  reservoir,  or  distrib- 
uting plant  employed  for  the  purpose  of  supplying 
water  for  general  domestic  use  in  any  town,  city,  or 
borough,  or  portion  thereof,  within  this  state. 

Appointments  and  terms.  §  2.  There  is  hereby  estab- 
lished a  public  utilities  commission,  which  shall  consist 
of  three  electors  of  this  State,  appointed  by  the  general 
assembly  upon  nomination  by  the  governor  as  herein- 
after provided.  Within  15  days  after  the  passage  of  this 
Act  the  governor  shall  nominate  three  members  of  such 
commission,  and  shall  designate  the  term  for  which 
each  is  nominated.  One  of  said  commissioners  shall 
serve  until  the  first  day  of  July,  1913,  one  until  the  first 
day  of  July,  1915,  and  one  until  the  first  day  of  July, 
1917,  and  on  or  before  the  first  day  of  May,  1913,  and 
biennally  thereafter,  the  governor  shall  nominate  and 
the  general  assembly  shall  appoint  one  member  of  said 
public  utilities  commission  to  serve  for  the  term  of 
six  years  from  the  first  day  of  July  next  succeeding  his 
appointment  and  until  his  successor  is  duly  appointed 
and  qualified.  Said  commissioners  shall  be  sworn  to  the 
faithful  i)erformance  of  their  duties. 

Vacancies,  hoio  filled.  §  3.  If  any  vacancy  occurs  in 
said  commission  at  any  time  when  the  general  assembly 
is  not  in  session,  the  governor  shall  appoint  a  commis- 
sioner to  fill  such  vacancy  until  the  rising  of  the  next 
session  of  the  general  assembly.  All  other  vacancies 
shall  be  filled,  for  the  remainder  of  their  respective  terms. 
In  the  manner  provided  in  §  2. 

Qualifications  and  salaries.  §  4.  No  officer,  employe, 
attorney,  or  agent  of  any  public  service  company  shall 
be  a  member  or  employe  of  said  commission.  Each 
member  of  said  commission  shall  receive  a  salary  of 
$5,000  per  annum  and  his  necessary  expenses.  Such 
salaries  and  expenses  and  the  expenses  of  the  commis- 
sion shall  be  paid  monthly  from  the  treasury  of  the 
State. 

Removals.  §  5.  Misconduct,  material  neglect  of  duty, 
Incompetency  in  the  conduct  of  his  office,  or  active  par- 
ticipation in  political  management  or  campaign  by  any 
commissioner  shall  constitute  cause  for  removal.  Such 
removal  shall  be  made  only  after  judgment  of  the  Su- 
perior Court  rendered  upon  written  complaint  of  the  at- 
torney-general. The  attorney-general  may  file  such 
complaint  in  his  discretion,  and  shall  file  such  com- 
plaint if  so  directed  by  the  governcy,  or  if  so  requested 
in  writing  by  100  electors  of  this  State.  Upon  the  filing 
of  such  complaint  a  rule  to  show  cause  shall  issue  to  the 
accused,  who  may  make  any  proper  answer  within  such 
time  as  the  court  may  limit,  and  shall  have  the  right 
to  be  heard  in  his  own  defense  and  by  witnesses  and 
counsel.  The  procedure  upon  such  complaint  shall  be 
similar  to  that  in  civil  actions,  but  such  complaint  shall 
be  privileged  in  order  of  trial,  and  shall  be  heard  as 
soon  as  practicable.  If.  after  hearing,  the  court  shall 
find  cause  for  removal,  it  shall  render  judgment  to  that 
effect,  and  thereupon  the  office  of  such  commissioner 
shall  become  vacant;  if  the  court  shall  find  no  cause  for 
removal  it  shall  dismiss  the  complaint. 


Office  and  records.  §  6.  The  comptroller  shall  furnish 
the  commission  an  office  in  the  capitol,  which  it  shall 
keep  open  during  the  usual  business  hours,  and  at  which  It 
shall  keep  all  its  records.  The  commission  shall  keep 
a  record  of  all  communications  addressed  to  it,  or  to 
any  of  its  members  or  employes,  officially,  of  all  its  and 
their  official  acts  and  proceedings,  and  of  all  facts 
learned  in  relation  to  any  casualty  or  accident,  with  the 
na.mes  of  the  persons  from  whom  such  facts  were  ob- 
tained or  by  whom  they  may  be  proved. 

Employes.  §  7.  The  commission  may  appoint  a  secre- 
tary, and  may  employ  such  accountants,  clerical  assist- 
ants, engineers,  inspectors,  experts,  and  agents  as  It 
may  require,  and  shall  determine  their  compensation, 
but  the  expenditures  of  the  commission  shall  not  exceed 
the  specific  appropriations  made,  from  time  to  time,  for 
its  use,  by  the  general  assembly.  Said  secretary  shall 
give  a  bond  to  the  State  in  such  sum  as  the  commis- 
sion shall  determine.  • 

Right  of  entry,  penalty.  §  8.  The  commissioners  and 
their  employes  engaged  In  the  performance  of  their 
duties  as  such  may,  at  all  reasonable  times,  enter  anj- 
premises,  buildings,  cars  or  other  places  belonging  tc 
or  controlled  by  any  public  service  company,  and  any 
person  obstructing  or  in  any  way  causing  to  be  ob- 
structed or  hindered  any  member  or  employe  of  the 
commission  in  the  performance  of  his  duties  as  such 
shall  be  fined  not  more  than  $200,  or  imprisoned  not 
more  than  six  months,  or  both.  ^  ■ 

Examination  of  witnesses  and  documents.  §9.  TW" 
commission  may,  in  its  discretion,  delegate  its  powers, 
in  specific  cases,  to  one  or  more  of  its  members  to 
ascertain  the  facts  and  report  thereon  to  the  commission. 
The  commission,  or  any  member  thereof,  in  the  perform- 
ance of  its  duties  or  in  connection  with  any  hearing,  may 
summon  and  examine,  under  oath,  such  witnesses,  and 
may  direct  the  production  of,  and  examine  or  cause  to 
be  produced  and  examined,  such  books,  records,  vouchers, 
memoranda,  documents,  letters,  contracts,  or  other  papers 
in  relation  to  the  affairs  of  any  public  service  company 
as  it  may  find  proper,  and  shall  have  the  same  powers 
in  reference  thereto  as  are  now  vested  in  magistrates 
taking  depositions.  If  any  witness  objects  to  testifying 
or  to  producing  any  book  or  paper  on  the  ground  that 
such  testimony,  book  or  paper  may  tend  to  incriminate 
him,  and  the  commission,  or  any  member  thereof,  direct 
such  witness  to  testify  or  to  produce  such  book  or 
paper,  and  he  complies,  or  he  be  compelled  so  to  do  by 
order  of  court,  he  shall  not  be  prosecuted  for  any  mat- 
ter concerning  which  he  has  so  testified.  The  fees  of 
witnesses  summoned  by  the  commission,  or  by  any  mem- 
ber thereof,  to  appear  before  it  or  him,  under  the  pro- 
visions of  this  section,  and  the  fees  for  summoning  wit- 
nesses, shall  be  the  same  as  in  the  Superior  Court.  All 
such  fees,  together  with  any  other  expenses  authorized 
by  this  Act  the  method  of  payment  of  which  is  not  herein 
otherwise  provided,  shall,  when  taxed  by  the  commission, 
be  paid  by  the  State,  through  the  secretary  of  said  com- 
mission, in  the  same  manner  as  court  expenses. 

Orders.  §  10.  All  decisions,  orders  and  authorizations 
of  the  commission  shall  be  in  writing  and  shall  specify  the 
reasons  therefor,  shall  be  filed  and  kept  in  the  office  of  the 
commission  and  recorded  in  a  book  kept  by  it  for  that 
purpose,  and  shall  be  public  documents.  Said  commission 
may,  at  any  time,  for  due  cause  shown,  upon  hearing  had 
after  due  notice  to  all  parties  in  interest,  rescind,  reverse, 
or  alter  any  decision,  order,  or  authorization  by  it  made 
Written  notice  of  all  orders,  decisions,  or  authorizations  i|( 
sued  by  said  commission  shall  be  given  to  the  company 
person  affected  thereby,  by  personal  service  upon  sue 
company  or  person  or  by  registered  mail,  as  the  commit 
sion  shall  determine.  t 

Enforcement  of  orders.  %  11.  The  buperior  Court,  on 
application  of  the  commission  or  of  the  attorney-general, 
may  enforce,  by  appropriate  decree  or  process,  any  pro- 
vision of  this  Act  or  any  proper  order  of  the  comrnisslon 
rendered  in  pursuance  of  any  such  provision. 

Transfer  of  powers  of  railroad  commissioners.  5 12. 
The  office  of  railroad  commissioner  is  hereby  abolished, 
and  all  rights,  powers,  and  duties  heretofore  vested  in  ths 
railroad  commissioners  and  not  inconsistent  with  other 
provisions  of  this  Act  are  hereby  transferred  to  and  con- 


Public  Service  Laws 


339 


tinued  in  the  public  utilities  commission  herein  created; 
and  all  orders  heretofore  made  by  said  railroad  commis- 
sioners shall  continue  in  force,  except  as  hereafter  altered 
or  until  reversed  or  rescinded  by  said  public  utilities  com- 
mission; and  all  books,  records,  and  other, papers  of  the 
railroad  commissioners  are  hereby  transferred  to  the  pub- 
lic utilities  commission. 

Duties  relative  to  safety  of  public  and  employes.  §  13. 
The  commission  shall,  so  far  as  is  practicable,  keep  fully 
Informed  as  to  the  condijtion  of  the  plant,  equipment,  and 
manner  of  operation  otr&U  public  service  companies,  in  so 
far  as  the  safety  of  the  public  and  of  the  employes  of  such 
companies  may  be  involved,  and  may  order  such  reason- 
able repairs  or  alterations  in  such  plant  or  equipment,  or 
such  changes  in  the  manner  of  operation,  as  may  be  rea- 
sonably necessary  for  public  safety  or  for  the  health  or 
safety  of  said  employes. 

Complaints  as  to  dangerous  conditions.  §  14.  Any  per- 
son or  any  town,  city,  or  borough  may  make  complaint,  in 
writing,  to  the  commission,  of  any  defects  in  any  portion 
of  the  plant  or  equipment  of  any  public  service  company, 
or  of  the  manner  of  operating  such  plant,  by  reason  of 
which  the  public  safety  or  the  health  or  safety  of  em- 
ployes is  endangered;  and,  if  he  or  it  so  requests,  the 
name  of  the  complainant  shall  not  be  divulged  unless  in 
the  opinion  of  the  commission  the  complaint  is  such  that 
publicity  is  demanded. 

Procedure  upon  complaint.  §  15.  Upon  receipt  of  such 
complaint  the  commission  shall  fix  a  time  and  place  for 
hearing  thereon,  and  shall  give  due  notice  thereof  to  all 
parties  in  interest,  and  shall  make  such  further  investiga- 
tion into  the  alleged  conditions  as  it  shall  deem  necessary. 
If,  upon  such  hearing,  the  commission  shall  find  the  condi- 
tions to  be  dangerous  to  public  safety  or  to  the  safety  of 
employes,  it  shall  make  such  order  as  may  be  necessary  to 
remedy  the  same,  and  shall  furnish  a  copy  of  such  order 
to  the  complainant  upon  request.  If  the  commission  finds 
that  the  complaint  is  not  justified,  it  shall  so  notify  the 
complainant  in  writing,  by  registered  letter,  specifying  the 
reasons  for  such  finding,  and  shall  file  a  copy  of  such 
notification  in  the  ofiice  of  the  commission. 

Compliance  with  orders — Penalty.  S  16.  Every  public 
service  company  shall  comply,  immediately,  with  any  or- 
der of  the  commission  made  in  accordance  with  the  pro- 
visions of  the  preceding  section,  and  any  company  failing 
to  comply  with  any  such  order  shall  be  fined  not  more 
than  $1,000  for  each  offense,  and  shall  be  liable  in  double 
damages  for  any  injury  or  damage  resulting  to  any  person 
from  such  failure. 

Companies  to  report  accidents.  §  17.  Every  public  serv- 
ice company  shall,  in  the  event  of  any  accident,  attended 
witli  personal  injury  or  involving  public  safety,  which  was 
or  may  have  been  connected  with  or  due  to  the  operation  of 
its  plant  or  equipment,  or  caused  by  contact  with  its 
wires,  notify  the  commission  thereof,  by  telephone  or  other- 
wise, as  soon  as  may  be  reasonably  possible  after  the 
occurrence  of  such  accident.  If  said  notice  be  given  other- 
wise than  in  writing  it  shall  be  confirmed  in  writing  within 
five  days  after  the  occurrence  of  such  accident.  Any  com- 
pany failing  to  comply  with  the  provisions  of  this  section 
shall  be  fined  not  more  than  $500  for  each  offense. 

Duties  of  commission  as  to  accidents.  §  18.  The  com- 
mission shall  examine  into  the  cause  of,  and  the  circum- 
stances connected  with,  all  fatal  accidents  occurring  in  the 
operation  of  the  plant  or  equipment  of  any  public  service 
company,  and  such  other  accidents,  whether  resulting  in 
personal  injury  or  not,  as,  in  its  judgment,  shall  require 
investigation.  The  commission  shall  make  a  record  of  the 
causes,  facts,  and  circumstances  of  each  accident,  within 
one  month  thereafter,  and  as  a  part  of  said  record  shall 
suggest  means,  if  possible,  whereby  similar  accidents  may 
be  avoided  in  the  future.  Such  record  shall  be  open  to 
public  inspection  at  the  ofllce  of  the  commission  and  a  copy 
thereof  shall  be  mailed  to  the  company  affected  thereby. 

Powers  of  commission  concerning  electricity  and  gas. 
1 19.  The  office  of  inspector-general  of  gas  meters  and 
Illuminating  gas  is  hereby  abolished,  and  the  duties  hereto- 
fore invested  in  said  officer  shall  hereafter  be  performed 
by  the  commission.  The  commission  shall  also  have  power 
to  fix  the  standard  of  illuminating  and  heating  power, 
purity,  and  quality  of  gas,  to  fix  the  initial  efficiency  of 
electric  lamps  furnished  by  electric  companies,  and  to  in- 
vestigate and  make  orders  regarding  the  pressure  at  which 


gas,  and  the  voltage  at  which  electricity,  shall  be  distrib- 
uted. 

Inspection  of  meters.  §  20.  Upon  petition  of  any  per- 
son, and  the  payment  by  such  person  of  a  fee  of  one  dollar 
for  such  meter,  the  commission  shall  cause  to  be  inspected 
any  electric,  gas,  or  water  meter  used  in  measuring  elec- 
tricity, gas,  or  water  supplied  to  such  petitioner.  The 
company  supplying  electricity,  gas,  or  water  through  such 
meter  shall  reimburse  the  petitioner  for  said  fee  it  such 
meter  be  found  to  be  more  than  two  per  centum  fast,  in 
the  case  of  a  gas  meter,  or  four  per  centum  fast,  In  the 
case  of  an  electric  or  water  meter,  and  shall  not  again  use 
such  meter  until  corrected,  and  approved  by  the  commis- 
sion. The  commission  shall  cause  to  be  approved  every 
electric,  gas,  or  water  meter  in  which  the  error  does  not 
exceed  two  per  centum  for  gas  meters  or  four  per  centum 
for  electric  or  water  meters,  and  shall  cause  the  same  to  be 
stamped  with  some  suitable  device  and  the  date  of  ap- 
proval. 

Establishment  of  through  routes  and  transportation. 
§  21.  If  the  lines  of  any  two  or  more  common  carriers  or 
railroad  or  street  railway  companies  form,  or  by  the  con- 
struction and  maintenance  of  a  switch  or  other  suitable 
connection  could  be  made  to  form,  a  continuous  line  of 
transportation,  the  commission,  upon  hearing,  after  due 
public  notice,  may  authorize  or  require  the  establishment 
by  such  companies,  at  joint  rates,  of  through  routes  or 
transportation  for  passengers  or  for  such  freight  or  other 
property  as  the  commission  may  designate;  and  the  com- 
mission may,  after  due  hearing,  require  any  of  such  com- 
panies to  operate,  over  its  lines,  cars  or  other  equipment 
delivered  by  any  other  of  such  companies.  If  such  com- 
panies cannot  agree  as  to  the  division  of  rates  or  the  con- 
ditions under  which  such  through  routes  or  transportation 
shall  be  established  or  such  cars  or  other  equipment  oper- 
ated, the  commission  shall  have  power,  after  due  hearing, 
to  determine  and  prescribe  the  proportionate  portions  of 
such  through  rates  payable  to  each  of  such  companies 
necessary  to  the  establishment  of  such  through  routes  or 
transportation,  or  to  the  operation  of  such  cars  or  other 
equipment. 

Plant  and  equipment  to  be  adequate.  §  22.  Any  town, 
city,  or  borough  within  which,  or  between  which  and  any 
other  town,  city,  or  borough  in  this  State,  any  public 
service  company  is  furnishing  service,  or  any  10  patrons  of 
any  such  company,  may  bring  a  written  petition  to  the  com- 
mission alleging  that  the  plant  or  equipment  of  such  com- 
pany is  inadequate  or  unsuited  to  the  public  need.  There- 
upon the  commission  shall  fix  a  time  and  place  for  a  hear- 
ing upon  such  petition,  and  shall  mail  notice  thereof  to 
the  parties  in  interest  and  give  due  public  notice  thereof 
at  least  one  week  prior  to  such  hearing.  Upon  said  hearing 
the  commission  may,  if  it  finds  such  plant  or  equipment 
to  be  inadequate  or  unsuited  to  the  public  need,  order  and 
prescribe  such  plant  or  equipment  as  shall  be  adequate  and 
suitable,  and  fix  a  time  within  which  said  company  shall 
construct  such  plant  or  obtain  such  equipment.  It  shall 
thereupon  be  the  duty  of  such  company  to  construct  such 
plant  or  obtain  such  equipment  within  the  time  so  fixed. 

Rates  and  service  affecting  many  persons.  §  23.  Any 
town,  city,  or  borough  within  which,  or  between  which  and 
any  other  town,  city  or  borough  in  this  State,  any  public 
service  company  is  furnishing  service,  or  any  10  patrons 
of  any  such  company,  or  any  such  company  furnishing 
service  in  accordance  with,  or  at  rates  prescribed  by,  an 
order  of  the  commission,  may  bring  a  written  petition  to 
the  commission  alleging  that  the  rates  or  charges  made 
by  such  company  or  prescribed  by  the  commission  are  un- 
reasonable, or  that  the  service  furnished  by  such  company 
is  inadequate  to,  or  the  service  ordered  by  the  commission 
exceeds,  public  necessity  and  convenience.  Thereupon  the 
commission  shall  fix  a  time  and  place  for  a  hearing  upon 
such  petition,  and  shall  mail  notice  thereof  to  the  parties 
in  interest  and  give  due  public  notice  thereof  at  least  one 
week  prior  to  such  hearing.  Upon  said  hearing  the  com- 
mission may,  if  it  finds  such  rates  and  charges  to  be  un- 
reasonable, or  such  service  to  be  inadequate  or  excessive, 
determine  and  prescribe  an  adequate  service  to  be  there- 
after furnished  or  just  and  reasonable  maximum  rates  and 
charges  to  be  thereafter  made  by  such  company,  and  such 
company  shall  thereafter  furnish  the  service  so  prescribed, 
and  shall  not  thereafter  demand  any  rate  or  charge  in 
excess  of  the  maximum  rate  or  charge  so  prescribed. 


340 


Xatioxal  Association  of  Railway  Commissioners 


Rates  and  service  affecting  a  single  person.  §  24.  If 
any  water,  gas,  electric,  or  telephone  company  shall  un- 
reasonably fail  or  refuse  to  furnish  adequate  service  at 
reasonable  rates  to  any  person  within  the  territorial  limits 
within  which  such  company  has,  by  its  charter,  authority 
to  furnish  such  service,  such  person  may  bring  his  written 
petition  to  the  commission  alleging  such  failure  or  refusal. 
Thereupon  the  commission  shall  fix  a  time  and  place  for  a 
hearing  upon  such  petition,  and  shall  mail  notice  thereof 
to  the  parties  in  interest  at  least  one  week  prior  to  such 
hearing.  Upon  said  hearing  the  commission  may,  if  it 
finds  that  such  company  has  unreasonably  failed  or  refused 
to  furnish  such  person  with  adequate  service  at  reasonable 
rates,  prescribe  the  service  to  be  furnished  by  such  com- 
pany to  such  person,  and  the  conditions  under  which,  and 
maximum  rates  or  charges  at  which,  such  service  shall  bo 
furnished.  Such  company  shall  thereafter  furnish  such 
service  to  such  person  in  accordance  with  the  conditions 
so  prescribed,  and  shall  not  thereafter  demand  or  collect 
any  rate  or  charge  for  such  service  in  excess  of  the  maxi- 
mum rate  or  charge  so  prescribed. 

Returns  required  from  public  service  companies.  §  25. 
The  commission  shall  annually,  on  or  before  the  thirtieth 
day  of  June,  furnish  to  every  public  service  company  dupli- 
cate blanks  for  reports,  In  such  form  as  the  commission 
may  prescribe;  provided,  that  such  blanks  for  reports  to  be 
furnished  by  companies  engaged  in  interstate  commerce 
shall  be  in  the  form,  if  any,  required  by  the  interstate 
commerce  commission.  All  reports  shall  be  for  the  year 
ending  on  the  thirtieth  day  of  June.  Every  such  com- 
pany receiving  such  blank  forms  shall  return  one  of  them 
to  the  commission  on  or  before  the  fifteenth  day  of  Sep- 
tember next  following,  with  all  questions  therein  fully 
answered.  Such  report  shall  be  signed  and  sworn  to  by 
the  president  or  vice-president  and  treasurer  of  the  com- 
pany, or  by  a  majority  of  the  trustees  or  receivers,  making 
the  same.  Every  company  which  shall  refuse  or  neglect  to 
make  such  report  shall  forfeit  to  the  State  $25  for  each 
day  of  such  neglect  or  refusal,  and  the  commission  shall 
report  such  forfeiture  to  the  State  treasurer,  who  shall 
collect  the  same. 

Contents  and  correction  of  returns.  §  26.  Every  public 
service  company  shall  make  its  annual  reports  strictly  ac- 
cording to  the  forms  provided,  and  if  it  shall  find  it 
impracticable  to  answer  all  the  items  in  detail  as  required 
it  shall  state  in  its  report  the  reasons  why  such  details 
cannot  be  given;  but  no  company  shall  be  excused  from 
giving  such  details  for  the  reason  that  it  does  not  keep  its 
accounts  in  such  manner  as  will  enable  it  to  do  so.  When 
any  such  report  seems  to  the  commission  defective  or 
erroneous  it  may  notify  the  company  making  the  same, 
and  require  the  amendment  of  such  report  within  15  days 
from  the  time  of  giving  such  notice,  under  the  same 
penalty  as  provided  for  refusing  or  neglecting  to  make 
such  report;  and  the  commission  may  examine  the  ofli- 
cers,  agents  and  employes,  books,  records,  accounts, 
vouchers,  plant  and  equipment  of  such  company,  and 
may  correct  such  items  in  such  report  as,  upon  such 
examination,  the  commission  may  find  ought  to  be  cor- 
rected. 

Penalty  for  false  returns,  etc.  §  27.  Every  person  who 
shall  wilfully  make  any  false  return  or  report  to  the 
commission,  or  to  any  member  thereof,  or  to  any  agent 
or  any  employe  acting  therefor,  or  who  shall  testify 
or  aflarm  falsely  to  any  material  fact  in  any  matter 
wherein  an  oath  or  affirmation  is  required  or  authorized, 
or  who  shall  make  any  false  entry  or  memorandum 
upon  any  account,  book,  paper,  record,  report,  or  state- 
ment of  any  company,  or  who  shall  wilfully  destroy, 
mutilate,  alter,  or  by  any  other  means  or  device  falsify 
or  destroy  the  record  of  any  such  account,  book,  paper, 
record,  report,  or  statement,  with  the  intent  to  mislead 
or  deceive  the  commission,  or  any  member  thereof,  or 
any  agent  or  employe  acting  therefor,  or  who  shall  wilfully 
obstruct  or  hinder  the  commission,  or  any  of  its  mem- 
bers, agents,  or  employes,  in  the  making  of  any  exam- 
ination of  the  accounts,  affairs,  or  condition  of  any 
company,  and  any  person  who,  with  like  intent,  aids 
or  abets  another  in  any  of  the  acts  hereinbefore  set 
forth,  shall  be  fined  not  more  than  $5,000,  or  imprisoned 
not  more  than  five  years,  or  both. 

Annual  reports  to  governor.  §  28.  The  commission  shall 
render,  on  or  before  the  first  day  of  December  in  each 


year,  a  report  to  the  governor,  stating  the  general  con- 
duct and  financial  condition  of  all  public  service  com- 
panies as  ascertained  by  the  commission  from  the  re- 
turns of  the  companies  and  examinations  by  the  com- 
mission, together  with  such  other  facts  and  recommenda- 
tions, as,  in  the  opinion  of  the  commission,  will  increase 
the  public  safety  or  be  for  the  public  interest,  together 
with  its   reasons   for  such   recommendations. 

Appeals  to  Superior  Court.  §  29.  Any  company,  town, 
city,  borough,  corporation,  or  person  aggrieved  by  any 
order,  authorization,  or  decision  of  the  commission  in 
any  matter  to  which  he  or  it  was  or  ought  to  have 
been  made  a  party  may  appeal  therefrom  to  the  Superior 
Court,  within  15  days  after  the  filing  of  such  order,  au- 
thorization, or  decision;  but  said  commission  may  ex- 
tend the  time  for  the  filing  of  such  appeal  for  an 
additional  period  of  not  more  than  15  days.  The  party 
so  appealing  shall  give  bond  to  the  state,  with  sulficient 
surety,  for  the  benefit  of  the  adverse  party,  in  such 
sum  as  said  commission  shall  fix,  to  pay  all  costs  in 
case  he  or  it  fails  to  sustain  such  appeal. 

Venue.  §  30.  Said  appeal  shall  be  brought  in  the  county 
in  which  is  located  the  matter,  or  any  portion  thereof, 
concerning  which  such  order,  authorization  or  decision 
was  made,  or,  if  such  order,  authorization  or  decision 
did  not  pertain  to  any  such  localized  matter,  then  such 
appeal  shall  be  brought  in  Hartford  County.  No  such 
appeal  shall  abate  by  reason  of  any  error  of  venu'!, 
but  such  appeal  may  be  transferred  at  the  time,  oa 
motion  of  any  party  or  by  an  order  of  the  court,  lo 
the  proper  venue.  It  shall  be  the  duty  of  the  attorner- 
general  to  appear  for  and  represent  the  commission  ii 
all  proceedings  had  upon  any  such  appeal. 

Procedure  — •  Questions  reviewed.  §  31.  Each  appe;  1 
shall  be  brought  by  a  complaint  in  writing,  stating  fully 
the  reasons  therefor,  with  a  proper  citation,  signed  by 
competent  authority,  to  all  parties  to  said  proceedings 
having  an  interest  adverse  to  the  appellant,  and  sha  1 
be  served  upon  such  parties  at  least  12  days  befoi } 
the  return  day.  Such  appeals  shall  be  brought  to  th  3 
next  return  day  of  said  court  after  the  filing  of  sai  1 
appeal,  if  there  be  sufficient  time  for  giving  the  notic  5 
provided  for  by  this  Act,  otherwise  to  the  return  da  / 
next  but  one  after  such  filing.  Said  court  shall  he?  r 
such  appeal  and  re-examine  the  question  of  the  legalit  / 
of  the  order,  authorization,  or  decision  appealed  fron, 
and  the  propriety  and  expediency  of  such  order,  a  i- 
thorization,  or  decision,  in  so  far  as  said  court  ma  y 
properly  have  cognizance  of  such  subject,  either  by  itse  f 
or  a  committee,  and  shall  proceed  therein  in  the  sanr  e 
manner  as  upon  complaints  for  equitable  relief;  arcJ 
the  decision  of  such  court,  subject,  however,  to  revie  v 
on  appeal  to  the  Supreme  Court  of  Errors  on  questioi  s 
of  law,   shall  be   final  and   conclusive  upon  the   parties. 

Notice  of  appeal  when  parties  are  numerous.  §  3  i. 
When  the  persons  who  should  otherwise  be  made  partl<  s 
to  such  appeal  are  so  numerous  that  it  would  be  ii  i- 
practicable  or  unreasonably  expensive  to  make  them  s  II 
parties  by  personal  service,  the  court  to  which  su(  h 
appeal  is  taken,  or,  if  said  court  is  not  in  session,  a:  y 
judge  of  the  Superior  Court,  may  order  notice  of  su<  h 
appeal  to  be  given,  by  some  method  other  than  by  per- 
sonal service,  to  such  of  the  parties  as  said  court  <ir 
judge  shall  deem  just  and  equitable,  and  notice  so  giv<  n 
shall  operate  to  bind  the  interests  of  such  parties  en 
such  appeal  as  fully  as  if  personal  service  had  been 
made  upon  said  parties. 

When  appeal  will  suspend  operation  of  order.  S>3. 
Every  such  appeal  shall  be  a  supersedeas  of  the  ord<r, 
authorization  or  decision  appealed  from,  except  as  other- 
wise provided  by  statute;  provided,  that  the  court  to 
which  any  such  appeal  is  brought,  or.  if  such  court  is 
not  in  session,  any  judge  of  the  Superior  Court,  may  at 
any  time  order  that  such  appeal  shall  not  so  operate  if,  in 
the  opinion  of  such  court  or  judge,  the  appeal  is  brought 
for  purposes  of  delay,  or  if  justice,  or  equity,  or  public 
safety,  or  expediency  shall  so  require;  or  such  court  or 
judge  may  order  that  such  appeal  shall  so  operate  only 
upon  compliance  by  the  parties,  or  any  of  them,  with 
such  terms  or  conditions  as  such  court  or  judge  may  de- 
termine. 


Public  Service  Laws 


341 


Rights  and  duties  of  trustees  and  receivers.  §  34.  When 
any  company  shall  be  operated  by  a  trustee  or  receiver 
such  trustee  or  receiver  shall  have  all  the  powers,  and 
shall  be  subject  to  all  the  duties,  obligations  and  pen- 
alties which  such  company  would  otherwise  have  or  to 
which  it  would  be  subject  under  the  provisions  of  this 
Act,  except  in  so  far  as  the  same  may  be  inconsistent 
with  the  rights,  duties  or  obligations  of  such  trustee  or 
receiver  as  an  officer  of  the  court  appointing  him. 

General  penalty.  §  35.  Every  corporation,  its  officers, 
agents,  and  employe^  shall  obey,  observe,  and  comply 
with  every  order  made  by  the  commission  by  virtue  of 
this  Act  so  long  as  the  same  shall  remain  in  force.  Any 
such  corporation,  or  any  officer,  agent,  or  employe  thereof, 
who  fails  or  neglects  to  obey  or  comply  with  any  such 
order,  or  any  provision  of  this  Act  for  which  no  other 
penalty  is  prescribed,  shall  be  fined  not  more  than  $5,000 
for  each  offense.  Each  distinct  violation  of  such  order, 
or  of  this  Act,  shall  be  a  separate  offense,  and  in  case 
of  a  continued  violation  each  day  thereof  shall  be  deemed 
a  separate  offense. 

Act  not  to  affect  lahor  contracts.  §  36.  Nothing  In  this 
Act  shall  be  construed  to  authorize  the  commission  to 
interfere  in  any  manner  with  contracts  between  public 
service  companies  and  their  employes. 

Act  to  he  amendatory  of  charters.  §  37.  The  provisions 
of  this  Act  shall  be  deemed  to  be  amendatory  of  all 
charters  of  public  service  companies  chartered  by,  or 
organized  under  the  laws  of,  this  State,  and  shall  repeal 
all  powers  and  limitations  in  any  such  charters  in  eo 
far  as  the  same  are  inconsistent  herewith;  and  all 
powers  and  privileges  conferred,  and  all  duties  and  obli- 
gations imposed,  upon  such  companies  by  the  provisions 
of  this  Act  are  conferred  or  imposed  upon  such  companies 
in  the  same  manner  and  to  the  same  extent  as  if  the 
provisions  of  this  Act  were  parts  of  the  charters  of  such 
companies. 

Repeal.  §  38.  All  Acts  and  parts  of  Acts  inconsistent 
herewith  are   hereby  repealed. 

Act,  when  operative.  §  39.  This  Act  shall  take  effect 
60  days  after  its  passage,  except  the  provisions  relating 
to  the  appointment  of  commissioners,  which  provisions 
shall  take  effect  from  the  passage  of  this  Act. 

Approved,  July  11,  1911. 

GENERAL  STATUTES  OF  CONNECTICUT. 

EEVISION   OF   1902,   p.    961. 

CHAPTER  218. 

KAILEOAD    COMMISSIONERS.* 

Terms  of  office.  §  3877.  The  commissioners  so  appointed 
shall  hold  their  respective  offices  for  four  years  from 
the  first  day  of  July  next  succeeding  their  respective  ap- 
pointments. The  senate  shall  act  on  all  such  nominations 
within  ]0  days  after  they  are  made.  If  the  governor 
shall  fail  to  nominate,  within  the  60  days  prescribed,  a 
person  or  persons  for  railroad  commissioner  or  commis- 
sioners who  shall  be  confirmed  by  the  senate,  the  general 
assembly  shall  fill  the  vacancy  or  vacancies  which  would 
otherwise  occur. 

Qualifications  of  commissioners.  §  3878.  One  of  the 
commissioners  shall  be  a  lawyer  in  good  standing  in  his 
profession,  and  of  at  least  10  years'  practice;  one  shall 
be  a  capable  and  experienced  civil  engineer,  of  at  least 
10  years'  practice,  and  the  remaining  commissioner  shall 
be  a  practical  business  man;  and  they  shall  constitute  the 
board  of  railroad  commissioners.  No  stockholder  or  agent 
of  any  railroad  or  street  railway  company  shall  be  a 
commissioner. 

Vacancies,  how  filled.  §  3879.  If  any  vacancy  occurs  in 
said  board  at  a  time  when  the  general  assembly  is  not 
in  session,  the  governor  shall  appoint  a  commissioner 
to  fill  such  vacancy  until  the  rising  of  the  next  session  of 
the  general  assembly.  All  other  vacancies  shall  be  filled 
for  the  remainder  of  their  respective  terms  in  the  manner 
provided  in  §  3877. 

Clerk  and  office.  §  3880.  The  commissioners  shall  ap- 
point a  clerk.  The  comptroller  shall  furnish  them  an 
office  in  the  capitol,  which  they  shall  keep  open  during 
the  usual  business  hours,  and  they  shall  keep  their  records 
there. 


*See  §  12,  Public  Utilities  Act  of  1911,  supra,  by  which 
this  chapter  Is  largely  superseded. 


Records— Employment  of  experts.  §  3881.  The  commis- 
sioners shall  keep  a  record  of  all  communications  ad- 
dressed to  them  officially,  of  all  their  official  acts  and  pro- 
ceedings, and  of  all  facts  learned  in  relation  to  any 
casualty,  with  the  names  of  the  persons  from  whom  such 
facts  were  obtained  or  by  whom  they  may  be  proved. 
Said  commissioners  may  when  necessary  employ  an  elec- 
trical engineer  and  other  experts  and  agents. 

Payment  of  commissioners.  §  3882.  The  office  expenses, 
salaries  and  traveling  and  incidental  expenses  of  the 
commissioners  shall  be  paid  monthly  from  the  treasury 
of  the  State,  and  in  July  of  each  year  the  whole  amount 
so  paid  during  the  year  ending  the  fourth  of  July  shall 
be  apportioned  by  the  comptroller  among  the  several 
companies,  trustees,  receivers,  assignees,  lessees  or  other 
parties  operating  railroads  and  street  railways  in  the  State 
in  proportion  to  the  respective  valuations  of  their  prop- 
erty made  and  corrected  for  the  purposes  of  taxation 
during  the  year  next  preceding,  under  the  provisions  of 
§  2424,  who  shall  pay  to  the  treasurer  the  amount  so 
apportioned   to  them   respectively. 

Commissioners  to  have  free  passage.  §  3883.  The  com- 
missioners shall  have  the  right  to  pass  free  of  charge, 
in  the  performance  of  their  duties,  on  all  railroads  and 
street  railways  in  the  State,  and  to  take  with  them  any 
person   in   their  official  employment. 

General  duties.  §  3884.  The  commissioners  may  at  any 
time,  and  on  the  complaint  in  writing'of  five  of  the  stock- 
holders or  creditors  of  any  railroad  company  assigning 
sufficient  reason  shall,  exarnine  the  railroad  of  such 
company  and  all  its  appurtenances,  engines  and  cars,  and 
its  by-laws  and  rules;  and  in  such  examination  shall  pass 
over  the  road  at  a  rate  not  exceeding  six  miles  an  hour, 
shall  stop  at  each  culvert,  bridge  and  piling,  and  examine 
the  same,  and  shall  examine  the  rails  and  ties  in  every 
mile,  after  notifying  the  company  in  writing  of  the  time 
of  such  examination.  They  shall  notify  the  company  to 
make  all  repairs  required  within  a  time  limited;  shall 
make  such  rules  as  to  platforms  and  outbuildings  at  sta- 
tions as  are  for  the  public  interest;  and  may  prescribe 
the  time  during  which  any  ticket  office  shall  be  open 
for  the  sale  of  tickets,  and  no  company  neglecting  to 
comply  with  such  order  shall  receive  more  than  the 
regular  ticket  price  for  fare;  shall  make  necessary  or- 
ders for  compelling  companies  to  furnish  comfortable 
seats  for  passengers,  and  for  regulating  the  manner  in 
which  companies  shall  manage  their  engines  and  cars 
at  highway  crossings;  shall  direct  that  suitable  warning 
boards  be  put  up  at  dangerous  crossings;  may  require 
companies  to  maintain  a  gate  across  a  highway  at  any 
crossing,  and  to  provide  an  agent  to  open  or  close  the 
same;  shall,  when  two  roads  meet  or  intersect,  at  the  re- 
quest of  the  directors  of  the  company  owning  either,  pre- 
scribe rules  relative  to  the  exchange  of  passengers  and 
baggage;  and  shall  cause  printed  copies  of  §§3783  and 
3784  to  be  kept  posted  up  at  all  railroad  stations,  and 
may  cause  any  other  portion  of  the  law  relating  to  rail- 
roads to  be  posted  as  they  may  direct. 

Notices  concerning  layout  and  real  estate.  §  3885.  Be- 
fore the  commissioners  shall  approve  the  layout  of  any 
railroad,  or  the  taking  of  any  real  estate  for  the  purposes 
of  such  road,  or  any  change  or  alteration  of  the  same, 
they  shall  give  reasonable  notice  to  all  persons  having  an 
interest  in  such  real  estate  to  attend  and  be  heard;  and 
the  appraisers  shall  cause  a  like  notice  to  be  given  to  all 
persons  interested  in  such  real  estate.  If  any  such  person 
resides  out  of  this  State,  or  is  a  feme  covert,  infant,  or 
cestui  que  trust,  or  is  non  compos  mentis,  any  judge  of 
the  Superior  Court  may  prescribe  the  notice  to  be  given 
to  such  person. 

Road  not  to  6e  opened  without  certificate  of  commis- 
sioners. §  3886.  No  part  of  any  railroad  or  street  railway 
shall  be  opened  for  public  travel  unless  the  company 
operating  such  railroad  or  street  railway  shall  first  obtain 
a  certificate  signed  by  the  commissioners  that  it  is  in  a 
suitable  and  safe  condition. 

Commissioners  to  examine  roads.  §  3887.  The  com- 
missioners shall  examine  the  several  railroads  and  street 
railways  in  the  State  once  in  each  year,  and  oftener  when 
they  deem  that  public  safety  so  requires,  and  shall  make 
a  like  examination  of  any  railroad  or  street  railway  with- 
in the  limits  of  any  town,  when  80  requested  In  writing 


342 


National  Association  of  Railway  Commissioners 


-S| 


by  the  Belectmen  of  such  town  or  by  the  authorities  hav- 
ing control  and  supervision  of  the  streets  and  highways 
therein,  and  shall  see  that  such  railroads  and  railways  are 
kept  in  suitable  repair,  and  that  the  companies  operating 
them  faithfully  comply  with  all  provisions  of  law. 

May  order  gates,  flagmen  and  signals — Penalty.  §  3888. 
The  commissioners,  when  requested  in  writing,  by  the 
selectmen  of  any  town,  the  mayor  and  common  council 
of  any  city,  or  the  warden  and  burgesses  of  any  borough, 
to  order  a  gate  or  electric  signal  to  be  erected,  or  a  flag- 
man to  be  stationed  at  any  railroad  crossing  within  such 
town,  city  or  borough,  shall  visit  such  place,  first  giving 
the  authorities  making  such  request,  and  the  company 
operating  the  road,  reasonable  notice  thereof;  and  if  they 
And  that  public  safety  requires  it,  shall  order  such  com- 
pany to  maintain  a  gate  or  electric  signal,  or  to  keep  a 
flagman  at  such  place,  or  to  do  any  other  act  necessary 
for  the  protection  of  the  public,  and  may  specify  when 
Buch  gates  shall  be  opened  and  closed,  or  when  a  flagman 
Bhall  be  on  duty,  and  may  change  any  such  order  when 
they  deem  it  necessary,  flrst  visiting  the  town,  city  or 
borough  in  which  such  crossing  is  located,  and  there 
giving  the  authorities  thereof  and  such  company  an  oppor- 
tunity to  be  heard.  If  any  such  company  shall  neglect 
to  station  flagmen  or  maintain  gates  or  electric  signals 
as  ordered  by  the  commissioners,  or  shall  neglect  to  com- 
ply with  any  order  of  the  commissioners  made  pursuant 
to  this  section,  it  shall  forfeit  to  the  State  $50  for  each 
day  of  such  neglect. 

Notice  of  decision — Appeal.  §  3889.  When  the  commis- 
sioners, on  application  as  provided  in  §  3888,  shall  make 
or  refuse  to  make  an  order,  their  decision  shall  be  com- 
municated to  the  parties  in  interest  within  30  days 
from  the  final  hearing,  and  any  party  aggrieved  by  such 
decision  may  appeal  therefrom  to  the  Superior  Court  in 
the  manner  provided  for  appeals  in  §  3747  and  with  like 
effect.  In  all  cases  in  which,  on  appeal  as  aforesaid,  an 
order  shall  be  passed  by  the  Superior  Court,  said  court 
may,  at  any  time  upon  the  application  of  any  party,  with 
due  notice  to  adverse  parties,  annul  or  vary  such  order; 
provided,  that  said  court  shall  find  that  there  has  been  a 
change  of  circumstances  surrounding  such  crossing. 

Orders  for  heating  and  lighting  cars.  §  3890.  The  com- 
missioners may  make  all  orders  which  shall  seem  to  them 
to  be  required  by  public  safety,  relating  to  heating  and 
lighting  passenger  cars,  and  shall  repott  any  neglect  by 
any  railroad  company  with  such  orders,  to  the  general  as- 
sembly at  its  next  regular  session. 

Use  of  highway  for  switching  restricted.  §  3891.  The 
commissioners  may  forbid  any  railroad  company  to  use 
for  switching  purposes  or  standing  trains  such  portion  dl 
its  tracks  upon  or  across  any  highway  as  in  their  opinion 
public  convenience  requires  should  not  be  so  used;  and 
they  may  limit  the  number  of  tracks  which  a  company 
may  lay  upon  or  across  a  highway  for  sidetracks  or 
switching  purposes,  and  may  order  any  such  company  to 
remove  such  of  the  sidetracks  or  switching  tracks  now 
laid  upon  or  across  any  highway  as  the  commissioners 
may  deem  public  convenience  or  safety  requires  should 
be  removed. 

Use  for  switching  regulated  on  petition — Appeal.  §  3892. 
Said  commissioners,  when  requested  in  writing  by  the 
selectmen  of  any  town,  the  mayor  of  any  city,  or  the 
■warden  of  any  borough,  to  forbid  the  use  for  switching 
purposes  of  the  tracks  of  any  company  where  the  same 
cross  any  highway  within  such  town,  city  or  borough, 
shall  visit  such  crossing,  first  giving  reasonable  notice 
to  the  authorities  making  such  request  and  to  such  com- 
pany, and,  if  they  find  that  public  convenience  requires, 
shall  order  the  company  operating  such  railroad  not  to 
use  the  same,  or  such  part  thereof  as  may  be  specified 
In  said  order,  for  switching  purposes,  and  may  make 
any  order  regulating  such  switching  that  they  shall 
deem  proper;  and,  upon  like  application  and  notice,  shall 
make  such  orders  in  regard  to  the  laying  of  sidetracks 
or  tracks  for  switching  purposes  upon  or  across  such 
highways,  or  for  the  removal  of  such  tracks  already 
laid,  as  they  may  judge  proper.  The  commissioners  may 
change  any  such  order,  after  giving  such  town,  city  or 
borough,  and  such  company  an  opportunity  to  be  heard. 
When  the  commissioners,  on  application  as  aforesaid, 
shall  make  or  refuse  to  make  an  order,  their  decision 


shall  be  communicated  to  the  parties  in  interest  within 
20  days  from  the  final  hearing,  and  any  party  aggrieved 
by  such  decision  may  appeal  to  the  Superior  Court  in 
the  manner  provided  for  appeals  In  §  3747,  and  with  like 
effect.  The  Superior  Court  may,  upon  application  of 
any  party,  with  due  notice  to  adverse  parties,  amend  or 
change  any  order  passed  as  aforesaid. 

General  orders  regarding  crossings — Penalty.  §  3893. 
The  commissioners  may  make  orders  for  the  regulation 
of  the  speed  at  which  locomotives  and  cars  shall  cross 
highways,  and  generally  may  make  all  orders  which  they 
deem  necessary  or  proper  to  prevent  inconvenience  to 
the  public  relating  to  the  crossing  or  obstruction  of  high- 
ways by  locomotives  and  cars.  Every  company  which 
shall  violate  any  such  order  shall  forfeit  to  the  State  $50 
for  each  day  of  such  violation. 

Speed  of  trains  in  cities  and  boroughs.  §  3894.  The 
power  to  regulate  the  speed  of  railroad  trains  within  the 
limits  of  cities  and  boroughs  shall  be  vested  exclusively 
in  the  board  of  railroad  commissioners.  ' 

Recommendations  by  commissioners.  §  3895.  The  com- 
missioners shall,  from  time  to  time,  recommend  to  th<: 
several  companies  operating  steam  railroads  and  streev 
railways  in  this  State,  or  to  any  of  them,  the  adoptioi 
of  such  measures  and  regulations  as  such  commissioneri. 
deem  conducive  to  the  public  safety  or  interest;  anc 
shall  report  to  the  next  general  assembly  any  negleci 
on  the  part  of  any  such  company  to  comply  with  an} 
such  recommendation. 

Guard  rails  on  bridges — Penalty.  §  3896.  When  the  com 
missioners  shall  deem  it  necessary  for  the  safety  o: 
persons  traveling  upon  any  railroad  in  this  State  tha' 
guard  rails  or  any  other  appliances  to  secure  safetj 
should  be  placed  upon  any  bridge  used  'by.  the  company 
operating  such  railroad,  the  commissioners  may  ordei 
such  company  to  place  such  guards  upon  such  bridg( 
as  they  may  deem  necessary  and  proper.  Every  eucl 
company  which  shall  neglect  or  refuse  to  comply  witl 
such  order  shall  forfeit  to  the  State  $25  for  each  daj 
of  such  neglect  or  refusal. 

When  officers  of  company  may  be  enjoined.  §  3897.  If 
upon  examination  of  any  railroad  or  the  affairs  of  anj 
railroad  company,  the  commissioners  shall  be  of  opinioi 
that  such  road  is  in  such  condition,  or  that  the  affairi 
of  such  company  are  so  conducted,  as  to  endanger  pub 
lie  safety,  or  that  the  company  has  violated  the  law  oi 
refused  to  obey  the  directions  of  said  commissioneri 
or  of  the  Superior  Court,  or  any  judge  thereof,  they  maj 
within  one  year  after  said  examination  make  appllcatloi 
to  any  judge  of  such  court  for  an  injunction  to  restraii 
any  person  from  exercising  or  attempting  to  exercise 
the  duties  of  any  officer  In  such  company;  and  sucl 
judge  may  proceed  thereon  as  the  Superior  Court  ma; 
do   on    complaints   for   injunctions. 

Commissioners  may  examine  witnesses.  §  3898.  Thi ; 
commissioners  may  summon  and  examine  under  oatl. 
such  witnesses  as  they  may  think  proper  in  relation  to 
the  affairs  of  any  railroad  company  or  street  rallwa;' 
company;  and  whoever  shall  refuse,  without  justifiable 
cause,  to  appear  and  testify,  or  shall  In  any  way  obstruc; 
any  railroad  commissioner  in  the  discharge  of  his  dutj , 
shall  be  fined  not  more  than  $1,000,  or  imprisoned  not 
more  than  one  year,  or  both.  The  fees  of  witnesses  sun:- 
moned  by  the  commissioners  to  appear  before  them  under 
the  provisions  of  this  section,  and  the  fees  for  sun- 
moniug  such  witnesses,  shall  be  taxed  by  the  commlf- 
sioners  and  paid  by  the  State  treasurer  upon  the  order 
of  the  comptroller. 

Commissioner's  report.  §  3899.  The  commissioner) 
shall  make  an  annual  report  of  the  general  conduct  anl 
condition  of  all  railroads  and  street  railways  in  the 
State,  and  of  every  violation  of  law  by  any  company  own- 
ing or  operating  any  such  railroad  or  street  railway,  and 
shall  embody  in  their  report  such  suggestions  for  legiij- 
latlon  as  they  may  think  proper. 

Penalty  for  disregard  of  order.  §  3900.  When  any  rail- 
road company  fails  to  comply  with  any  lawful  order  of 
the  commissioners  relating  to  any  highway  crossing  or 
portion  of  a  railroad  within  any  town  In  this  State,  for 
which  failure  no  other  penalty  is  provided,  such  company 
shall  forfeit  to  the  town,  within  which  Is  situated  that 
portion  of  the  railroad  In  reference  to  which  the  order 


Public  Service  Laws 


343 


Is  made,  the  sum  of  $100  for  every  such  failure,  to  he 
recovered  in  an  action  to  be  brought  within  60  days  after 
the  right  of  action  shall  accrue. 

Recovery  of  forfeitures  to  State.  §  3901.  All  forfeit- 
ures, not  otherwise  provided  for,  accruing  to  the  State 
from  any  railroad  company  by  reason  of  its  neglect  or 
refusal  to  comply  with  the  orders  of  the  commissioners, 
shall  be  recovered  by  the  State  treasurer  in  an  action 
upon  the  respective  statutes  providing  for  such  forfeit- 
ures. 

GEWliAL   PENALTY. 

Penalt}/.  §  3902.  Every  person  who  shall  violate  any 
provision  of  this  title,  for  which  no  other  penalty  is  pre- 
scribed or  provision  made,  shall  be  fined  not  more  than 
$500. 

LOCATION    AND    CONSTBXTCTION   OF    STEAM    RAILROADS. 

Taking  of  land — Commissioners'  approval.  §  3680.  Every 
railroad  company  may  lay  out  its  road  not  exceeding  six 
rods  wide;  and  for  the  purpose,  of  such  layout  and  for 
cuttings,  embankments  and  procuring  stone  and  gravel, 
and  for  necessary  turnouts,  may  take  as  much  real  estate 
as  may  be  necessary  for  the  proper  construction  and 
securitji  of  the  road;  but  no  real  estate  without  the 
limits  of  such  road  shall  be  so  taken  without  the  per- 
mission of  the  parties  interested  therein,  unless  the 
railroad  commissioners,  on  application  of  such  company, 
and  after  notice  to  said  parties,  shall  first  prescribe  the 
limits  within  which  real  estate  shall  be  taken  for  such 
purposes,  and  no  railroad  shall  lay  out  and  finally  locate 
its  road  without  the  written  approval  of  the  location  of 
said  commissioners.  Any  company  may  change  the  loca- 
tion of  its  road,  or  of  any  section  or  part  thereof,  either 
before  or  after  such  location  has  been  approved  by  the 
commissioners;  provided,  such  change  is  made  before 
the  construction  of  such  road  or  of  such  section  or  part 
thereof  has  been  commenced,  and  is  made  with  the 
written  approval  of  said  commissioners;  and  that  all 
damages  that  may  be  occasioned  to  any  person  by  the 
taking  of  any  real  estate  for  said  purposes  shall  be  paid 
for  by  such  company  as  provided  by  law. 

Deposit  iy  company  before  approval  of  layout.  §  3681. 
Every  such  company,  before  applying  to  the  commis- 
sioners for  their  approval  of  the  location  of  its  road, 
shall  deposit  with  the  State  treasurer  a  sum  equal  to 
$11  for  each  mile  of  its  proposed  road  in  this  State. 
And  the  comptroller  shall  include  such  company  among 
the  several  railroad  companies  in  his  next  annual  ap- 
portionment of  the  office  expenses  and  salaries  of  said 
commissioners,  estimating  the  length  of  its  main  track 
or  tracks  as  equal  to  the  proposed  length  of  its  road; 
and  said  treasurer  shall  deduct  from  said  deposit  the 
amount  so  apportioned  to  such  company,  and  return  the 
remainder  to  the  treasurer  of  such  company. 

Location  may  he  altered — Certificate.  §  3682.  Every 
company,  after  its  line  of  road  shall  have  been  located, 
approved,  and  established,  may  so  far  alter  such  location 
as  to  change  the  radius  of  its  curves,  the  width  of  Its 
layout,  the  extent  of  depot  grounds,  its  slopes  and  em- 
bankments, may  straighten  and  improve  its  lines,  and 
extend  its  lines  of  sight,  when  such  changes  are  ap- 
proved by  the  commissioners,  and  may  take  land  for 
additional  tracks,  turnouts  and  freight  and  passenger 
stations,  and  for  the  purpose  of  supplying  water  for  the 
use  of  its  engines  and  stations.  A  certificate  of  such 
changes  or  taking,  duly  signed  by  the  commissioner, 
shall  be  lodged  for  record  in  the  town  clerk's  offices  in 
the  town  or  towns  in  which  such  changes  are  made  or 
land  taken. 

CHANGE   OF   LOCATION   OF    WATERCOURSES. 

Change  of  location  of  canals  or  icatercourses.  §  1.  Upon 
petition  brought  by  any  railroad  company,  the  railroad 
commissioners  may  order  the  location  of  any  canal  or 
watercourse  to  be  changed  by  said  company  for  the 
purpose  of  enabling  its  railroad  to  be  more  advantageously 
constructed,  maintained,  or  operated,  reasonable  notice 
of  such  application  having  first  been  given  to  the  owner 
or  owners  of  such  canal  or  watercourse;  and  said  com- 
pany shall  have  power,  for  the  purpose,  of  carrying  out 
any  order  of  the  railroad  commissioners  under  this  Act, 
to  take  real  estate  in  the  manner  provided  in  §  3687  of 
the  general  statutes. 


§  2.  The  decision  of  the  railroad  commissioners  upon 
any  petition  brought  under  this  Act  shall  be  communi- 
cated to  the  petitioner  and  to  all  persons  to  whom  notice 
of  the  hearing  on  said  petition  was  given,  within  20 
days  after  the  final  hearing  thereon.  Any  owner  of  any 
canal  whose  location  is  changed  by  the  order  of  the 
railroad  commissioners  shall  have  the  same  right  of 
appeal  from  such  order  as  is  given  by  §  3747  of  the 
general  statutes  concerning  appeals  from  orders  relating 
to  stations. 

§  3.  Whenever  the  location  of  a  canal  or  watercourse 
shall  be  changed  as  provided  herein,  the  flow  of  water 
therein  shall  not  in  anywise  be  interrupted,  diminished, 
or  impaired,  and  the  cost  of  making  such  change,  and  of 
providing  a  new  channel  for  said  canal  or  watercourse, 
together  with  the  cost  of  the  walls,  embankments,  head- 
gates,  flumes,  and  other  structures  necessary  to  render 
such  canal  or  watercourse  as  safe  and  efficient  as  before 
such  change,  shall  be  entirely  borne  by  the  railroad 
company   which   petitions  for  such   change. 

§  4.  The  provisions  of  this  Act  shall  not  apply  to  the 
canal  of  any  corporation  required  by  its  charter  to  main- 
tain its  canals,  or  any  of  them,  in  a  condition  for  navi- 
gation nor  to  the  canal  of  any  corporation  chartered  for 
the  purpose  of  improving  the  boat  navigation  of  the 
Connecticut  River,  or  for  the  purpose  of  widening  and 
deepening  the  channel  of  said  river;  but  in  such  cases 
the  provisions  of  this  Act  shall  apply  when  the  written 
consent  of  any  such  corporation  to  the  proposed  change 
shall  have  first  been  obtained. 

§  5.    This  Act  shall  take  effect  from  its  passage. 

Approved  May  25,  1905. 

May  alter  grades.  §  3683.  Every  company,  after  Its  line 
of  road  shall  have  been  located,  approved,  and  estab- 
lished, may  alter  its  grades  and  raise  any  highway  bridges 
that  pass  over  its  tracks  to  such  height  as  may  be  ap- 
proved by  the  commissioners;  and  may  change  the  grade 
of  the  approaches  to  such  bridges  so  as  to  conform  to 
the  change  in  the  height  of  the  bridges;  but  this  section 
shall  not  authorize  any  company  to  raise  its  tracks  so 
as  to  lessen  the  distance  between  an  existing  bridge 
and  its  tracks,  without  the  approval  of  the  commissioners. 
Damages  accruing  to  any  adjoining  proprietor  on  account 
of  any  change  of  grade  on  the  highways  which  are 
approaches  to  any  such  bridge,  raised  under  the  provi- 
sions of  this  section,  shall  be  assessed  and  paid  by  such 
company  in  accordance  with  the  provisions  of  |§  3713, 
3714  and  3716. 

Land  for  additional  tracks.  §  3684.  Any  company  may 
so  alter  the  location  of  its  road  as  to  add  to  the  number 
of  its  main  tracks,  and  for  that  purpose,  with  the  approval 
of  the  commissioners,  may  take  additional  land  in  the 
manner  now  provided  by  law;  but  when  an  additional 
bridge  over  a  navigable  stream  shall  be  required  by  an 
addition  to  the  main  tracks,  the  same  shall  be  con- 
structed in  such  manner,  of  such  materials,  and  with 
draws  of  such  width,  as  the  commissioners  shall  author- 
ize and  direct,  and  such  additional  bridge  shall  be  subject 
to  the  provisions  of  §  3732. 

Land  cut  off  from  access  to  highway.  §  3685.  When 
any  company  shall  take  land  for  railroad  purposes,  and 
the  effect  of  such  taking  is  to  cut  off  other  land  from 
practical  access  to  the  highway,  such  company  may,  with 
the  approval  of  the  commissioners,  take  additional  land 
sufficient  for  a  convenient  way  from  the  land  so  cut 
off  to  the  highway,  and  shall  provide  for  the  use  of  the 
owner  of  the  land  cut  off  as  aforesaid  a  suitable  way 
over  such  additional  land  to  the  highway.  Such  way 
shall  remain  a  private  way  for  the  use  of  the  owner 
of  the  land  cut  off  as  aforesaid,  and  the  city  or  town 
in  which  it  is  situated  shall  not  be  liable  for  its  main- 
tenance nor  responsible  for  its  defects.  For  the  purposes 
of  this  section,  lands  may  be  acquired  in  the  manner 
provided  by  law  for  the  taking  of  land  by  railroad 
companies. 

Layout  through  cemetery  restricted.  §  3686.  No  com- 
pany shall  lay  out  or  locate  its  road,  or  any  part  thereof, 
through  any  cemetery,  or  any  approach  in  common  use 
from  the  highway  thereto,  and  within  one-quarter  of  a 
mile  thereof,  unless  the  railroad  commissioners,  when 
called  upon  to  approve  the  proposed  layout  of  such  road, 


344 


National  Association  of  Railway  Commissioners 


shall  find  that  such  cemetery,  or  the  approach  thereto, 
was  located  for  the  purpose  of  obstructing  such  layout, 
or  unless  said  commissioners  shall  unanimously  approve 
such   layout  or  location. 

Land— How  taken— Damages.  §  3687.  When  any  com- 
pany shall  have  the  right  to  take  real  estate  for  railroad 
purposes,  and  cannot  obtain  it  by  agreement  with  the 
parties  interested  therein,^ it  may  apply  to  any  judge  of 
the  Superior  Court  for  the  appointment  of  appraisers  to 
estimate  all  damages  that  may  arise  to  any  person  from 
the  taking  and  occupation  of  such  real  estate  for  railroad 
purposes,  and  after  reasonable  notice  of  said  application 
shall  have  been  given  to  all  parties  in  interest,  such 
judge  shall  appoint  three  appraisers,  who  shall  be  sworn, 
and  give  reasonable  notice  to  said  parties  in  regard  to 
the  time  and  place  of  making  such  estimate,  and  shall 
view  the  premises  and  estimate  such  damages,  but  shall 
not  include  in  such  estimate  the  expense  of  erecting  and 
maintaining  fences  along  the  line  of  such  railroad.  Such 
appraisers  shall  return  an  appraisal  of  such  damages  in 
writing,  under  their  hands,  to  the  clerk  of  the  Superior 
Court  in  the  county  where  the  estate  lies,  who  shall 
record  it;  and  when  so  returned  and  recorded,  such 
appraisal  shall  have  the  effect  of  a  judgment,  and  exe- 
cution may  issue  at  the  end  of  60  days  from  the  time 
of  such  return,  in  favor  of  the  persons  respectively  to 
whom  damages  may  be  appraised;  and  such  appraisers 
shall  be  paid  by  such  company  for  the  time  actually 
spent  in  making  such  appraisal  and  return.  No  railroad 
shall  be  worked  upon,  or  opened  across,  any  real  estate, 
until  the  damages  appraised  to  any  person  interested 
therein  shall  have  been  paid  or  secured  to  his  satis- 
faction, or  deposited  for  his  use  with  the  treasurer  of 
the  county. 

Land  within  location.  §  3688.  Any  company,  owning 
a  railroad  which  has  been  constructed  and  is  being  oper- 
ated over  land  to  which  it  has  not  acquired  title,  may 
take  such  land  within  the  limits  of  its  location,  at  any 
time  within  two  years  after  the  approval  of  such  location 
by  the  commissioners,  by  proceedings  under  §  3687. 

Land  in  highway  or  private  way.  §  3689.  Whenever 
such  company  shall  have  acquired  the  right  to  take  any 
land  used  for  a  public  highway  or  a  private  way,  it 
shall,  before  taking  possession  of  the  same,  apply  to  a 
judge  of  the  Superior  Court,  as  provided  in  paragraph 
3687,  for  the  appointment  of  appraisers  to  ascertain  all 
damages  that  may  arise  to  any  person  in  consequence 
of  such  taking.  The  appraisers  so  appointed  shall  be 
sworn,  and  shall  give  notice  of  the  time  and  place  of 
their  meeting  by  posting  on  the  signpost  of  the  town 
where  the  highway  or  private  way  is  situated,  and  also 
by  advertising  once  a  week  for  four  consecutive  weeks 
In  a  newspater  published  in  said  town,  or  if  no  news- 
paper is  published  in  said  town,  then  in  a  newspaper 
published  in  the  county.  They  shall  also  give  reason- 
able notice,  in  writing,  to  the  persons  owning  the  land 
occupied  by  the  highway  or  private  way.  At  the  meeting 
of  the  appraisers,  any  person  claiming  that  he  will  be 
damaged  by  the  taking  and  accupation  of  such  highway 
or  private  way  shall  be  heard,  whether  he  is  the  owner 
of  the  land  or  not;  and  the  appraisers  shall  award  such 
damages  as  may  seem  to  them  just  and  reasonable. 
Further  proceedings  in  connection  with  the  condemna- 
tion of  such  land  shall  be  as  prescribed  by  paragraph 
3687. 

Abandonment  of  road — Damages.  §  3690.  When  any 
land  shall  have  been  taken  for  railroad  purposes  and 
the  damages  shall  have  been  appraised,  and  such  road, 
or  any  part  thereof,  shall  have  been  abandoned  or  dis- 
continued, before  the  same  has  been  opened  and  worked, 
no  execution  shall  issue,  nor  shall  an  action  for  the 
recovery  of  such  damages  be  brought  against  the  com- 
pany which  took  such  land,  by  any  of  the  owners  of 
land  over  which  such  road  or  part  of  a  road  shall  have 
been  laid  out  and  discontinued  as  aforesaid;  but  any 
such  owner  may  recover  of  such  company  the  actual 
damage  which  he  may  have  suffered  in  consequence  of 
such  taking,  or  for  any  unreasonable  delay  in  opening 
and  working  such  road. 

Owner  may  require  description  of  land.  §  3691.  When 
any  company  shall  take  any  property  for  the  purpose 
of  Its  railroad;  the  owner  of  such  property  may  at  any 


J4 


time  within  three  years  thereafter  demand  in  writing 
of  the  treasurer  of  the  company  a  written  description 
of  the  property  so  taken,  and  such  company  shall  within 
30  days  deliver  to  him  such  description;  and  if  it  fail 
to  do  so,  all  its  rights  to  enter  upon  or  use  such  prop- 
erty, except  for  making  surveys,  shall  be  suspended 
until  it  shall  have  delivered  such  description. 

Plan  of  road  to  be  deposited  with  town  clerk.  §  3692. 
Within  90  days  after  the  railroad  of  any  company  shall 
have  been  laid  out  in  any  town  and  approved  by  the 
commissioners,  such  company  shall  deposit  with  the 
town  clerk  a  correct  plan,  signed  by  its  president,  of 
so  much  of  such  railroad  as  lies  in  such  town,  drawn 
on  a  scale  of  at  least  five  inches  to  the  mile,  upon  which 
shall  be  accurately  delineated  the  direction  and  length 
of  each  course  and  the  width  of  the  land  taken. 

Statement  filed  with  secretary  of  State.  §  3693.  Every 
company  shall,  within  six  months  after  the  final  location 
of  its  road,  file  with  the  secretary  of  State  a  statement 
of   such   location,   defining  the   courses   and   distances. 

Condemnation  of  corporate  stock.    §  3694.     In  case  any 
railroad  company  acting  under  the  authority  of  the  law3 
of  this  State  shall  have  acquired  more  than  three-fourths 
of    the    capital    stock    of    any    steamboat,    ferry,    bridgt, 
wharf,    or    railroad   corporation,   and   cannot   agree   witli 
the  holders  of  outstanding  stock  for  the  purchase  of  th'> 
same,   such   railroad   company   may,  upon   a  .finding  by  u 
judge  of  the   Superior  Court  that  such   purchase  will  b<! 
for   the  public   interest,   cause  such   outstanding  stock  ti> 
be  appraised  in  accordance  with  the  provisions  of  para- 
graph   3687.     When    the   amount  of   such   appraisal   shal 
have  been  paid  or  deposited,  as  provided  in  said  section 
the   stockholder   or   stockholders   whose   stock   shall  hav( 
been    so    appraised    shall    cease    to    have    any    interes 
therein,    and    on    demand    shall    surrender   all    certiflcatei 
for   such   stock,   with   duly   executed   powers  of  attornej 
for    transfer    thereon,    to    the    corporation    applying    fg 
such    appraisal. 

Stockholder  may  begin  proceedings.  §  3695.  If  a3. 
person  holding  a  minority  of  the  shares  of  stock  in  anj 
corporation  referred  to  in  paragraph  3694  cannot  agree 
with  the  railroad  company  owning  three-fourths  o: 
such  stock  for  the  purchase  of  his  shares,  he  may  cause 
the  same  to  be  appraised  in  accordance  with  the  provi 
sions  of  paragraph  3687.  When  such  appraisal  has  beer 
made  and  recorded  in  the  office  of  the  clerk  of  tht 
Superior  Court  of  any  county  where  such  railroad  com- 
pany operates  a  railroad,  and  the  certificates  for  such 
stock,  with  duly  executed  powers  of  attorney  for  trans 
fer  thereon,  have  been  deposited  with  such  clerk  foi 
such  railroad  company,  such  appraisal  shall  have  the 
effect  of  a  judgment  against  such  company  and  in  favoi 
of  the  holder  of  such  stock,  and  at  the  end  of  60  days, 
unless   such   judgment   is   paid,   execution   may  be  issued. 

Security  from  contractors  for  labor — Liability  of  com- 
pany. §  3696.  Every  company,  in  making  contracts  for  the 
building  of  its  road,  shall  require  sufficient  security  from 
the  contractors  for  the  payment  of  all  labor  thereafter 
to  be  performed  in  constructing  the  road  by  persons  In 
their  employ;  and  the  company  shall  be  liable  to  th€ 
laborers  for  labor  actually  performed  on  the  road.  If, 
within  20  days  after  the  completion  of  such  labor,  they 
shall,  in  writing,  notify  its  treasurer  that  they  have  nq 
been  paid  by  the  contractors. 

Company  may  operate  by  electricity.     §  3697.     Any  ral! 
road    company   organized   under   the   laws   of   this    State 
may   operate   its   railroad,   or  any  part  thereof,  by  eleft  ^ 
tricity.  ifl 

Crossing  of  one  railroad  by  another.  §  3698.  Any  coJ*™ 
pany  may,  in  the  construction  of  its  railroad,  cross  the 
railroad  of  any  other  company,  or  connect  with  the  same. 
If  it  cannot  agree  with  such  other  company  as  to  such 
crossing  or  connection,  the  commissioners  may  deter- 
mine the  place  and  manner  of  such  crossing  or  connec- 
tion, after  reasonable  notice  to  the  companies  in  Interest 
to  appear  and  be  heard  in  relation  to  the  matter,  and 
may  make  such  orders  as  to  bridges,  abutments,  piers, 
tunnels,  arches,  excavations,  retaining  walls,  embank- 
ments and  approaches  as  they  shall  judge  necessary; 
but  no  railroad  shall  cross  any  other  railroad  at  grade, 
except  for  the  purpose  of  connecting  therewith,  when 
the   avoidance   of   a   grade   crossing   is   practicable,    and 


ivy 

II 


Public  Service  Laws 


346 


the    commissioners    shall    be    judges    of    the    question    of 
practicability. 

Construction  of  branches.  §  3699.  Any  company  in  this 
State  may  build  branches  from  its  main  line  or  from  any 
of  its  leased  lines;  provided,  that  the  construction  of 
such  branches  is  found  by  a  judge  of  the  Superior 
Court,  upon  due  application,  after  such  reasonable  public 
notice  as  such  judge  may  order,  to  be  of  public  necessity 
and  convenience.   \ 

Charters  amended.  §  3700.  Section  3699,  this  section, 
and  paragraph  3701  shall  be  deemed  to  be  an  addition 
to,  and  amendment  of,  all  charters  of  railroad  com- 
panies, and  shall  repeal  all  limitations  in  any  such 
charters  as  to  the  length  of  branches  which  such  com- 
panies  may   build. 

Branches  may  he  mortgaged.  §  3701.  For  the  purpose 
of  paying  the  cost  of  building  any  such  branch,  any 
railroad  company  may  -issue  bonds,  secured  by  mort- 
gage, to  the  amount  of  one-half  of  said  cost,  to  be  veri- 
fied in  the  manner  provided  In  paragraph  3804  for  verify- 
ing the  cost  of  a  railroad  for  the  purpose  of  issuing 
bonds. 

Contracts  with  connecting  roads.  §  3702.  Any  company 
may  make  lawful  contracts  with  any  other  company 
with  whose  railroad  its  tracks  may  connect  or  inter- 
sect, in  relation  to  its  business  or  property,  and  may 
take  a  lease  of  the  property  or  franchises  of,  or  lease 
its   property  or  franchises   to,  any  such  company. 

Leases  to  be  approved  by  stockholders.  §  3703.  No  lease 
of  any  railroad  shall  be  binding  on  either  of  the.  con- 
tracting parties  for  a  period  of  more  than  12  months, 
unless  approved  by  the  stockholders  of  the  companies 
that  are  parties  to  the  lease,  by  a  vote  of  two-thirds 
of  the  stock  represented  at  a  meeting  of  the  stockholders 
called  for  that  purpose.  At  least  one  month's  notice  of 
such  meeting  shall  be  given  by  advertising  twice  a  week 
for  four  weeks  in  a  daily  paper  published  in  the  State, 
and  also  by  mailing  a  copy  of  the  call  and  of  the  lease 
to  each  stockholder.  Said  notice  and  call  shall  state 
that  at  the  meeting  the  lease  will  be  submitted  for  the 
approval   of   the   stockholders. 

Record  of  conveyance  or  lease.  §  3704.  All  conveyances 
by  any  company  or  its  assigns,  of  any  interest  in  the  lo- 
cation of  its  railroad,  to  be  used  or  enjoyed  for  railroad 
purposes,  may,  and  it  in  the  nature  of  a  lease  for  more 
than  one  year,  shall  be  filed  for  record  by  the  grantee 
or  lessee  in  the  office  of  the  secretary  of  State.  Cer- 
tificates of  the  assignment,  release  or  foreclosure  of 
any  interest  or  lien  in  or  upon  the  location  of  any  rail- 
road, acquired  under  any  such  conveyance  as  is  speci- 
fied in  this  section,  or  by  virtue  of  the  general  laws  of 
the  State,  may  be  filed  for  record  in  like  manner  and 
with   like  effect. 

Crossing  highicays  or  watercourses.  §  3705.  When  it 
shall  be  necessary  for  the  construction  of  a  railroad  to 
intersect  or  cross  any  watercourse  not  navigable,  or  any 
public  highway,  the  company  may  construct  such  railroad 
across  or  upon  the  same  if  the  commissioners  shall  judge 
it  necessary,  and  authorize  it  by  their  order.  Such  com- 
pany shall  restore  such  watercourse  or  highway  to  its 
former  state,  or  in  a  manner  not  to  impair  its  useful- 
ness. In  case  any  highway  is  so  located  that  such  rail- 
road cannot  be  judiciously  constructed  across  or  upon 
the  same  without  interfering  therewith,  such  company 
may,  with  the  consent  of  the  commissioners,  cause  such 
highway  to  be  changed  or  altered,  so  that  such  railroad 
may  be  constructed  on  the  best  site.  Such  company 
shall  put  such  highway  in  as  good  situation  and  repair 
as  it  was  in  previous  to  such  alteration,  under  the  direc- 
tion of  the  commissioners,  whose  determination  thereon 
shall  be  final. 

Appeals.  §  3706.  When  any  such  company  shall  be 
authorized  by  an  order  of  the  commissioners  to  cross  any 
pond,  stream  or  watercourse  not  navigable,  an  appeal 
shall  be  allowed  to  any  interested  person  aggrieved  by 
sucli  order,  to  any  judge  of  the  Superior  Court,  within 
20  days  after  the  owners  of  the  land  adjoining  such 
stream  at  the  point  of  such  crossing  shall  have  had 
actual  notice  of  said  order.  Said  appeal  shall  be  by  a 
written  petition  for  a  hearing  in  regard  to  the  order, 
with    a    citation    attached    thereto,    returnable   within    12 


days  after  its  date  and  served  upon  such  company  at 
least  five  days  before  the  return  day.  For  the  purpose 
of  disposing  of  said  appeal,  said  judge  shall  have  all  the 
powers  of  the  Superior  Court,  and  may  proceed,  by  him- 
self or  by  committee,  to  a  hearing  and  may  either 
confirm  said  order  or  make  such  different  order  concern- 
ing such  crossing  or  intersection  as  he  may  deem  just 
and  proper,  and  may  award  costs  as  in  civil  actions. 
Said  appeal  shall  be  a  supersedeas,  so  far  as  such  cross- 
ing is  concerned,  until  judgment  shall  be  rendered  there- 
on  by   said  judge. 

Land  may  be  taken  for  change  of  highway.  §  3707. 
When  any  highway  or  street  shall  be  altered  by  any 
railroad  company  with  the  consent  of  the  commissioners, 
and  it  shall  be  necessary  to  take  any  land  for  a  highway 
to  which  such  company  has  not  obtained  title,  and  over 
which  neither  such  company  nor  the  town  in  which  such 
alteration  shall  be  made  has  any  right  of  way,  and  such 
company  is  unable  to  agree  with  the  owner  thereof  In 
regard  to  the  amount  of  damages  to  be  paid  therefor, 
the  same  proceedings  shall  be  had  for  the  purpose  of 
procuring  the  required  right  of  way  as  are  provided  by 
law  in  regard  to  taking  land  for  railroad  purposes. 

Construction  of  railroad  over  highway  at  grade  re- 
stricted.  §  3708.  Every  company  which  may  locate  and 
construct  a  railroad  across  any  highway  shall  construct 
it  so  as  to  cross  over  or  under  the  same;  and  may,  under 
the  direction  of  the  commissioners,  raise  or  lower  the 
same  at  such  crossing,  or  change  the  location  thereof; 
and  shall  make  and  maintain  such  bridges,  abutments, 
tunnels,  arches,  excavations,  embankments  and  ap- 
proaches, as  the  commissioners  shall  order,  and  the  con- 
venience and  safety  of  the  public  travel  upon  such  high- 
way may  require;  but  the  commissioners  may,  upon  due 
notice  to  such  company  and  to  the  selectmen  of  the 
town  or  mayor  of  the  city  in  which  such  crossing  Is 
situated,  direct  such  company  to  construct  its  railroad 
at  such  crossing  upon  a  level  with  the  highway;  but 
no  such  direction  shall  be  given  in  any  case  except  for 
special  reasons  which  shall  be  recorded  in  the  records 
of  the  commissioners. 

Street  railway  crossings.  §  3709.  No  steam  railroad 
shall  hereafter  be  constructed  across  the  tracks  of  any 
electric,  cable  or  horse  railway  at  grade. 

Construction  of  new  highway  crossing  railroad — Expense. 
§  3710.  When  a  new  highway  shall  hereafter  be  con- 
structed across  a  railroad,  such  highway  shall  pass  over 
or  under  the  railroad,  as  the  commissioners  shall  direct. 
The  company  operating  such  railroad  shall  construct  such 
crossing  to  the  approval  of  the  commissioners,  and  may 
take  land  for  the  purposes  of  this  section  in  the  manner 
provided  by  law  for  the  taking  of  land  by  railroad  com- 
panies. One-half  the  expense  of  such  crossing  shall  be 
borne  by  the  company  constructing  the  same,  and  one-half 
thereof  shall  be  paid  to  said  company  by  the  town,  city, 
or  borough   which  constructs  such  highway. 

Commissioners  to  direct  as  to  bridge  over  railroad. 
§  3711.  When  a  highway  is  laid  out,  or  ordered  to  be 
laid  out,  across  a  railroad,  and  the  railroad  commis- 
sioners shall  direct  such  highway  to  be  carried  over  the 
railroad,  they  shall  determine  the  length,  width  and 
material  of  the  bridge  over  the  railroad  before  the  dam- 
ages that  may  be  occasioned  to  any  person  by  the  tak- 
ing of  land  for  such  highway  are  finally  assessed;  and 
said  commissioners  may  require  such  bridge  to  extend 
beyond  the  railroad  crossed  by  it.  No  structure  shall 
hereafter  be  constructed  or  reconstructed  over  and 
across  any  railroad  until  the  commissioners  shall  have 
determined  the  length,  width,  material  and  plan  of  such 
structure  and  its  height  above  the  roadbed  of  such  rail- 
road, and  the  necessity  for  such  construction  and  re- 
construction. 

Covered  bridges.  §  3712.  In  all  covered  bridges  con- 
structed on  the  line  of  any  railroad,  the  distance  be- 
tween the  top  surface  of  the  rail  laid  in  the  track  on 
the  bridge  and  the  under  side  of  the  cross-beams  over- 
head shall  be  at  least  18  feet. 

Hearings  upon  petitions  for  removal  of  grade  crossings. 
§  3713  (as  amended  1911).  The  selectmen  of  any  town,  the 
mayor  and  common  council  of  any  city,  the  warden  and 
burgesses  of  any  borough,  within  which  a  highway 
crosses  or  is  crossed  by  a  railroad,  or  the  directors  of 


346 


National  Association  or  Railway  Commissioners 


1 


any  railroad  company  whose  road  crosses  or  is  crossed 
by  a  highway,  may  bring  their  petition  in  writing  to 
the  public  utilities  commission,  alleging  that  public 
safety  requires  an  alteration  in  such  crossing,  its  ap- 
proaches, the  method  of  crossing,  the  location  of  the 
highway  or  crossing,  the  closing  of  a  highway  crossing 
and  the  substitution  of  another  therefor,  not  at  grade, 
or  the  removal  of  obstructions  to  the  sight  at  such 
crossing,  and  praying  that  the  same  may  be  ordered; 
whereupon  said  commission  shall  appoint  a  time  and 
place  for  hearing  the  petition,  and  shall  give  such  notice 
thereof  to  such  petitioners,  the  company,  the  municipality 
or  municipalities  in  which  such  crossing  is  situated,  and 
the  owners  of  the  land  adjoining  such  crossing  and  ad- 
joining that  part  of  the  highway  to  be  changed  in 
grade,  as  it  shall  judge  reasonable;  and  after  such  no- 
tice and  hearing  said  commission  shall  determine  what 
alterations  or  removals,  if  any,  shall  be  made,  and  by 
whom.  If  such  petition  is  brought  by  the  directors  of  a 
railroad  company,  or  in  behalf  of  any  such  company, 
said  commission  shall  order  the  expense  of  such  altera- 
tions or  removals,  including  the  damages  to  any  person 
whose  land  is  taken,  and  the  special  damages  which 
the  owner  of  any  land  adjoining  the  public  highway  shall 
sustain  by  reason  of  any  such  change  in  the  grade  of 
such  highway,  to  be  paid  by  the  company  owning  or 
operating  the  railroad  in  whose  behalf  the  petition  is 
.brought;  and  in  case  such  petition  is  brought  by  the 
selectmen  of  any  town,  the  mayor  and  common  counctl 
of  any  city,  or  the  warden  and  burgesses  of  any  borough, 
it  may,  if  the  highway  affected  by  such  determination 
was  in  existence  when  the  railroad  was  constructed 
over  it  at  grade,  or  if  the  layout  of  the  highway  was 
changed  for  the  benefit  of  the  railroad  after  the  layout 
of  the  railroad,  order  an  amount  not  exceeding  one- 
quarter  of  the  whole  expense  of  such  alteration  or  re- 
moval, including  the  damages,  as  aforesaid,  to  be  paid 
by  the  town,  city  or  borough  in  whose  behalf  the  peti- 
tion is  brought,  and  the  remainder  of  the  expense  shall 
be  paid  by  the  company  owning  or  operating  the  road 
which  crosses  such  public  highway;  if,  however,  the 
highway  affected  by  such  last-mentioned  order  has  been 
constructed  since  the  railroad  which  it  crosses  at  grade, 
said  commission  may  order  an  amount  not  exceeding 
one-half  of  the  whole  expense  of  such  alteration  or  re- 
moval, including  the  damages,  as  aforesaid,  to  be  paid 
by  the  town,  city  or  borough  in  whose  behalf  the  appli- 
cation is  brought,  and  the  remainder  of  the  expense 
shall  be  paid  by  the  company  owning  or  operating  the 
road   which   crosses  such  public  highway. 

Directors  of  every  railroad  company  to  remove  or  apply 
for  removal  of  one  grade  crossing  each  year  for  every  50 
miles  of  road.  The  directors  of  every  company  which  oper- 
ates a  railroad  in  this  State  shall  remove  or  apply  for 
the  removal  of  at  least  one  grade  crossing  each  year 
for  every  50  miles  of  road  operated  by  it  in  this  State, 
which  crossings  so  to  be  removed  shall  be  those  which, 
in  the  opinion  of  said  directors,  are  among  the  most 
dangerous  upon  the  lines  operated  by  it;  and  if  the  di- 
rectors of  any  railroad  company  fail  so  to  do,  said  com- 
mission shall,  if  in  its  opinion  the  financial  condition  of 
the  company  will  warrant,  order  such  crossing  or  cross- 
ings removed  as  in  its  opinion  said  directors  should 
have  applied  for  the  removal  of  under  the  above  provi- 
sions, and  said  commission  in  so  doing  shall  proceed  in 
all  respects  as  if  the  said  directors  had  voluntarily 
applied   therefor. 

Commissioners  may  order  removal  of  crossings.  §  3714. 
The  railroad  commissioners  may,  in  the  absence  of  any 
application  therefor,  when  in  their  own  opinion  public 
safety  requires  an  alteration  in  any  highway  crossed  at 
grade  by  a  railroad,  or  by  railroads  belonging  to  or 
operated  by  more  than  one  company,  after  a  hearing 
bad  upon  such  notice  as  they  shall  deem  reasonable  to 
the  company  or  companies  owning  or  operating  such 
railroad  or  railroads,  and  to  the  selectmen  of  the  town, 
mayor  of  the  city,  or  warden  of  the  borough,  within 
which  such  highway  is  situated,  and  to  the  owners  of 
the  land  adjoining  such  crossing,  order  such  alterations 
In  such  highway  as  they  shall  deem  best,  and  shall 
determine  and  direct  by  whom  such  alterations  shall 
be  made,  at  whose  expense,  and  within  what  time;  pro- 
vided, that  in  all  cases  arising  under  this  section,  one- 


fourth  of  the  expense,  including  damages  and  special 
damages  as  aforesaid,  shall  be  paid  by  the  State,  and 
the  remaining  shall  be  assessed  upon  the  railroad  com- 
pany or  companies  benefited  by  such  order;  and  provided, 
that  such  alterations  as  are  thus  made  at  the  primary 
instance  of  the  railroad  commissioners  shall  not  be  or- 
dered so  as  to  direct  the  construction  of  more  than  one 
bridge  in  any  one  year  on  any  one  railroad.  Railroad 
companies  may  take  land  for  the  purpose  of  this  section 
and  §  3713  in  the  manner  provided  by  law  for  the  taking 
of  land  by  railroad  companies. 

Amount  of  land  to  le  taken  limited.  §  3715.  No  land 
shall  be  taken  by  any  railroad  company  for  the  purpose 
mentioned  in  §  3714,  except  such  as  the  commissioners 
shall  find  to  be  necessary  for  such  purpose;  but  no  such 
taking  need  be  based  upon  any  special  finding  that  pub- 
lic  necessity   and   convenience   require  such   taking. 

Highway  crossed  by  more  than  one  railroad.  §3716. 
Whenever  the  railroad  commissioners,  upon  an  applica- 
tion brought  under  the  provisions  of  §  3713,  shall  find 
that  any  highway  crosses  or  is  crossed  by  the  tracks  of 
more  than  one  railroad,  and  the  tracks  of  such  railroals 
are  so  near  together  that  public  convenience  requirss 
the  work  of  Separating  the  grades  to  be  done  under  and 
in  compliance  with  one  order,  they  shall  give  notice  to 
all  the  companies  operating  such  railroads  to  appear  le-" 
fore  them  and  be  heard  upon  the  application;  and  aftjr 
such  notice  and  hearing  said  commissioners  shall  ce- 
termine  what  alterations  shall  be  made,  if  any,  so  is 
to  separate  the  grades  of  all  such  crossings  at  the  sane 
time,  and  shall  determine  by  whom  such  work  shall  )e 
done,  and  they  shall  apportion  the  expense  to  be  borne 
by  the  railroad  companies  between  such  companies  n 
such  manner  as  they,  the  said  commissioners,  shi  11 
deem   proper. 

Assessment  of  damages.  §3717.  In  case  the  party  ly 
v/hom  such  changes  in  the  highway  are  to  be  made  ca  i- 
not  agree  with  the  owner  of  land  or  other  property  o 
be  taken  or  removed  under  such  decision  of  the  coj  i- 
missioners,  the  damages  shall  be  assessed  in  the  san  e 
manner  as  is  provided  in  case  of  land  taken  by  railroi  d 
companies,  and  the  expense  of  such  assessment  shall  1  e 
paid  in  the  same  manner  as  the  expense  of  the  altei  i- 
tions. 

Appeals.  §  3718.  The  decision  of  the  commissions  s 
relating  to  any  matter  upon  which  they  may  act  und  r 
the  authority  of  §§3713,  3714,  3716  and  3717  shall  i>e 
communicated  to  the  petitioners  and  to  all  persons  o 
whom  notice  of  the  hearing  on  said  petition  was  give  i, 
within  20  days  after  the  final  hearing;  and  any  pers(  n 
aggrieved  by  such  decision,  who  was  a  party  to  sa  d 
proceeding,  shall  have  the  same  right  of  appeal  thei  e- 
from  as  is  given  by  §  3747  concerning  appeals  from  dei  i- 
sions  relating   to   depots. 

Repair  of  structures  over  or  under  railroads — Notice  >f 
defect.  §  3719.  Railroad  companies  shall  keep  in  repa  ir 
all  structures  over  or  under  their  tracks  at  any  highwi  y 
crossing,  and  the  approaches  to  the  crossings  when  tlie 
same  are  made  with  plank  surface,  and  shall  also  kC'p 
in  repair  the  surface  of  the  highway,  including  tie 
planking  or  other  surface  material  of  the  highway  upcn 
such  structure.  The  municipality  where  such  structur  .>s 
are  located  shall  give  written  notice  to  an  agent  of  tlie 
company  responsible  for  such  structures  of  any  defeat 
in  the  same. 

Reimbursement  of  towns  and  cities.  §3720.  Tie 
amount  assessed  by  any  order  of  the  railroad  comm  s- 
sioners,  or  the  Superior  Court  upon  appeal  therefrom, 
against  any  town  or  city  in  this  State,  where  the  appli- 
cation was  brought  by  the  directors  of  a  railroad  con- 
pany  after  the  first  of  May,  1885,  for  the  removal  of  a 
grade  crossing  in  a  highway  which  was  in  existence 
before  the  construction  of  the  railroad,  shall  be  reiai- 
bursed  by  the  State  to  such  town  or  city.  Such  tovi^n 
or  city  shall  present  its  claim  to  the  comptroller  with 
proofs  and  certificates  to  his  satisfaction  from  the  com- 
missioners; and  the  comptroller  shall  thereupon  draw 
his  order  on  the  treasurer  in  favor  of  such  town  or  city, 
for  the  amount  which  he  shall  find  due  on  such  claim. 

Penalty  for  non-compliance.  §  3721.  Every  railroad 
company  which  shall  fail  to  comply  with  any  require- 
ment of  law  or  any  order  of  the  commissioners  relatint; 


Public  Service  Laws 


347 


to  the  removal  of  any  grade  crossing  or  the  care  of  any 
highway  crossing  shall  forfeit,  to  the  town  in  which 
such  crossing  is  situated,  $100  for  each  month  of  such 
non-compliance;  and  the  commissioners  shall  give  notice 
•of  all  such  forfeitures  to  such  town,  which  shall  collect 
the  same. 

Change  of  highway  near  railroad.  §  3722.  When  a  rail- 
road has  been  laid  out,  located  or  constructed  so  near  a 
highway  as,  in  the  opinion  of  the  selectmen  of  any  town, 
the  warden  ofVapy  borough,  or  the  mayor  of  any  city, 
within  which  such  highway  is  situated,  to  endanger  pub- 
lic travel,  such  selectmen,  warden  or  mayor  may  bring 
their  petition  to  the  railroad  commissioners,  setting 
forth  the  facts;  and  the  commissioners,  after  reasonable 
notice  to  the  railroad  company  to  appear  and  be  heard 
In  relation  thereto,  shall,  if  in  their  opinion  public 
safety  so  requires  and  a  change  of  the  location  of  such 
highway  is  practicable,  forthwith  order  said  company 
to  make  such  change,  in  such  manner  as  the  commis- 
sioners may  determine.  The  expense  of  such  change,  in- 
cluding the  cost  of  fencing  such  relocated  highway, 
shall,  if  such  railroad  has  not  been  constructed  at  the 
time  of  bringing  such  petition,  be  paid  by  the  company, 
but  if  the  railroad  has  been  constructed  at  such  time, 
then  one-half  of  such  expense  shall  be  paid  by  the  com- 
pany and  one-half  by  such  town,  city  or  borough. 

Commissioners  may  change  highway.  §  3723.  Upon 
petition  brought  by  any  railroad  company,  the  railroad 
commissioners  may  order  the  location  of  a  highway  to 
be  changed,  when  they  find  that  such  location  endangers 
public  travel;  and  they  may  make  orders  for  the  reloca- 
tion of  such  highway  to  the  same  extent  as  if  such  peti- 
tion were  brought  under  §  3722,  by  the  authorities  of  a 
city,  town  or  borough;  provided,  that  whenever  a  peti- 
tion is  brought  under  the  provisions  of  this  section,  the 
entire  expense  of  making  the  changes  shall  be  paid  by 
such   company. 

Land  may  be  taken  for  change.  §  3724.  Whenever  the 
commissioners  shall  order  a  change  in  the  location  of  a 
highway  under  the- provisions  of  §§3722  or  3723,  and  the 
parties  ordered  by  the  commissioners  to  do  the  work 
cannot  obtain  the  necessary  land  by  agreement,  the  com- 
pany, or  town,  city  or  borough  ordered  to  do  the  work, 
may  take  the  land  necessary  for  carrying  out  the  orders 
of  the  commissioners  in  the  same  manner  as  lands  are 
taken  for  railroad  purposes  under  §  3687. 

Statutes  made  part  of  charters  of  railroad  companies. 
§  3725.  The  provisions  of  §§  3680,  3682,  3683,  3684,  3685, 
3687,  3690,  3691,  3698,  3702,  3705,  3707,  3722  and  3726 
shall  be  deemed  a  part  of  the  charter  of  every  company 
authorized  to  construct,  own  or  operate  any  steam  rail- 
road within  this  State,  and  all  powers  and  privileges 
conferred  and  all  duties  and  obligations  imposed  upon 
such  companies  by  said  sections  are  conferred  or  Imposed 
upon  such  companies  in  the  same  manner  and  to  the  same 
extent  as  if  the  provisions  of  said  sections  were  parts 
of  the  charters  of  such  companies. 

Easements  and  private  crossings  may  le  condemned. 
§  3726.  The  owner  of  any  private  crossing  at  grade  of 
the  tracks  of  a  railroad  company,  or  of  any  right,  title, 
interest,  easement  or  privilege  in  land  used  by  a  com- 
pany for  railroad  purposes,  gr  any  such  company  whose; 
land  is  incumbered  by  any  such  private  rights,  may 
bring  a  written  petition  to  the  railroad  commissioners 
for  the  condemnation  of  such  rights,  alleging  that  public 
safety  requires  the  elimination  of  such  incumbrance. 
The  commissioners  shall  thereupon  appoint  a  time  and 
place  for  hearing  the  petition,  and  shall  give  such  notice 
thereof  as  they  shall  judge  reasonable  to  the  owner  of 
such  rights,  to  the  company,  and  to  the  owners  of  land 
adjoining  the  highway  to  be  laid  out  as  a  substitute  for 
such  private  crossing,  as  hereinafter  provided,  if  any 
such  highway  is  to  be  laid  out.  Upon  the  hearing  of 
said  petition,  if  public  safety  so  requires,  the  commis- 
sioners shall  authorize  the  company  to  condemn  such 
private  rights,  and  thereupon  the  company  may  proceed 
to  condemn  the  same  in  the  manner  provided  by  law 
for  the  taking  of  lands  by  such  companies.  Upon  the 
hearing  of  said  petition,  if  the  commissioners  shall  be 
of  opinion  that  public  convenience  and  necessity  require 
a  highway  on  account  of  the  elimination  of  such  private 
rights  in  the  land  of  the  railroad  company,  they  may  lay 


out  a  highway  sufficient  to  satisfy  public  convenience'; 
but  such  highway  shall  not  be  laid  out  if  the  land  of  a 
private  owner,  with  which  the  incumbrance  is  associated, 
is  already  connected  with  a  public  highway.  If  the  com- 
missioners shall  order  a  new  highway,  as  hereinbefore 
set  forth,  they  shall  assess  the  expense  of  making  the 
same,  including  the  damages  to  any  person  whose  land 
is  taken,  proportionally,  upon  the  person  and  parties 
especially  benefited  thereby,  but  at  least  one-half  of 
such  expense  shall  be  paid  by  the  company.  The  com- 
missioners may  order  the  elimination  of  any  private 
crossing  at  grade,  as  aforesaid,  by  the  substitution  of  an 
overhead  or  underneath  crossing,  in  which  case  the  ex- 
pense of  making  such  change,  including  land  damages, 
shall  be  paid  by  the  company.  Any  person  aggrieved 
by  any  order  or  judgment  of  the  commissioners  under 
this  section  may  appeal  from  such  order  or  judgment  to 
the  Superior  Court  for  the  county  in  which  the  land  lies, 
in  accordance  with  the  provisions  for  appeals  in  §  3747. 

CHAPTER  213. 

Highway  crossing  discontinued.  §  3727.  When  the 
use  of  a  highway  crossing  over  a  railroad  has  been 
abandoned  15  years,  such  crossing  shall  be  deemed  dis- 
continued. 

When  a  crossing  must  he  restored.  §  3728.  When  a  pri- 
vate crossing  has  been  removed  by  a  railroad  company 
without  the  consent  of  the  owner  or  owners,  the  com- 
pany from  whose  tracks  such  crossing  has  been  removed 
shall  restore  the  same  in  good  order  upon  the  written 
request  of  the  owner  or  owners,  and  for  failure  so  to 
do  such  company  shall  forfeit  $5  per  day  to  the  person 
or  persons  owning  or  having  a  right  to  use  such  cross- 
ing, such  forfeiture  to  begin  30  days  from  the  date  of 
such  notice. 

Repairs  and  maintenance  of  changed  highway.  §  3729. 
When  the  commissioners,  in  accepting  the  layout  of  any 
railroad  company,  have  in  such  acceptance  provided  that 
portions  of  such  railroad  shall  not  be  constructed  until 
certain  highways  have  been  relocated  or  changed  by  such 
company,  and  the  obligation  of  repairing  or  maintaining 
the  whole  or  any  part  of  such  highways  is  imposed  upon 
any  person  or  corporation  other  than  the  town,  city  or 
borough  within  which  such  highway  may  be  located,  such 
provision  shall  be  binding  upon  the  company,  and  it  shall 
be  its  duty  to  maintain  and  repair  said  highway  so  relo- 
cated or  changed,  in  the  same  manner  and  to  the  same 
extent  that  such  other  persoh  or  corporation  was  bound 
to  repair  and  maintain  the  same  before  such  relocation 
or  change.  For  the  purposes  cf  this  section,  land  may 
be  acquired  in  the  manner,  provided  by  law  for  the  taking 
of  land  by  railroad  companies.  Any  such  company  may 
use  the  material  and  abutments  of  any  existing  bridge  in 
the  old  highway,  in  the  construction  of  a  bridge  in  the 
substituted  highway,  and  shall  provide  suitable  temporary 
accommodations  for  public  travel  over  the  old  highway 
until  the  new  highway  is  completed,  and  shall  be  solely 
responsible  for  injuries  resulting  from  its  negligence  in 
the  matter  of  such  temporary  accommodations.  The 
selectmen  of  any  such  town  may  discontinue  such  parts 
of  the  old  highway  as  in  their  judgment  are  not  of  public 
convenience  and  necessity. 

Guards  for  rails  at  crossings.  §  3730.  When  any  rail- 
road is  crossed  by  a  highway  at  the  same  level,  the  com- 
pany operating  such  railroad  shall,  at  its  own  expense,  so 
guard  its  rails  by  plank  or  otherwise  as  to  secure  a  safe 
and  easy  passage  across  its  road.  If  the  selectmen  of 
any  town,  the  mayor  of  any  city,  or  the  warden  of  any 
borough  shall  represent  in  writing  to  the  railroad  com- 
missioners that  a  company  has  failed  to  comply  with  the 
requirements  of  this  section  in  regard  to  any  highway 
within  such  town,  city  or  borough,  said  commissioners 
shall  examine  such  crossing  and  make  such  order  as  they 
may  deem  necessary  to  carry  out  the  provisions  of  this 
section. 

Bridge  guards — Penalty.  §  3731.  Every  railroad  com- 
pany shall.  If  required  by  the  commissioners,  erect  and 
thereafter  maintain  suitable  bridge  guards  at  every  bridge 
over  its  railroad  when  the  overhead  structure  is  less 
than  18  feet  in  height  above  the  track.  Such  bridge 
guards   shall  be   approved   by   the  commissioners,   and   be 


348 


National  Association  of  Eailway  Commissioners 


erected  and  adjusted  to  their  satisfaction.  Every  com- 
pany refusing  or  neglecting  to  comply  with  the  provisions 
of  this  section  shall  forfeit  $50  to  the  State  for  each 
month  of  continuance  In  such  refusal  or  neglect. 

Footicays  on  railroad  bridges.  §  3732.  When  In  the 
opinion  of  the  selectmen  of  any  town,  or  of  the  common 
council  of  any  city,  a  footway  upon  the  line  of  any  rail- 
road bridge  or  causeway  within  the  limits  of  such  town 
or  city  would  be  of  public  convenience,  and  the  railroad 
company  owning  such  bridge  or  causeway  shall  not  con- 
sent thereto,  such  selectmen  or  common  council  may  call 
out  the  railroad  commissioners,  who,  after  due  notice 
to  such  company,  shall  inquire  into  the  facts,  at  the 
expense  of  such  town  or  city.  If  the  commissioners  shall 
And  that  a  footway  along  such  bridge  or  causeway  would 
be  of  public  convenience,  they  shall  authorize  such  town 
or  city  to  construct  or  maintain  the  same  at  their  own 
expense  and  to  attach  the  same  for  support  to  such 
bridge  or  causeway.  Such  footway  shall  be  constructed 
entirely  outside  of  the  bridge  or  causeway  to  which  It 
is  attached,  and  so  constructed,  maintained  and  used  as 
not  to  interfere  with  the  necessary  and  proper  use  of 
such  bridge  or  causeway. 

Cattle  guards.  §  3733.  Every  railroad  company  shall 
construct  suitable  cattle  guards  and  fences  at  all  railroad 
crossings  of  passways  or  highways,  to  prevent  cattle 
from  passing  upon  its  railroad,  except  when  the  railroad 
commissioners  deem  it  unnecessary. 

Fences.  §  3734.  Every  company  shall  erect  and  main- 
tain fences  on  the  sides  of  the  railroads  operated  by  it,  at 
such  places  as  the  commissioners  shall  direct;  and  every 
company  operating  any  railroad  constructed  under  any  Act 
of  incorporation  passed  since  the  first  "Wednesday  of  May, 
1850,  or  hereafter  constructed,  shall  erect  and  maintain  suf- 
ficient fences  on  the  sides  of  such  railroad,  except  at  such 
place  or  places  as  the  commissioners  shall  judge  them  un- 
necessary. Such  fences  shall  be  erected  by  all  companies 
hereafter  organized,  within  12  months  after  they  take  pos- 
session of  the  lands  through  which  their  layout  extends. 

Order  for  fencing.  §  3735.  Said  commissioners  shall 
make  special  investigation  as  to  the  condition  of  the 
fences  on  the  line  of  any  railroad,  when  so  requested  in 
writing,  and  if  they  deem  it  necessary,  shall  issue  their 
order  directing  the  company  operating  such  railroad  to 
erect  or  repair  such  fences.  Said  order  shall  specify  the 
place  or  places,  the  manner  in  which  and  the  time 
within  which  the  fences  are  to  be  erected  or  repaired, 
and  shall  be  served  upon '  the  company.  Such  service 
may  be  made  by  mailing  a  registered  letter  addressed 
to  the  secretary  of  the  company. 

Penalty.  §  3736.  If  any  railroad  company  shall  neglect 
to  comply  with  any  such  order  it  shall  forfeit  to  the  State 
$100  per  month  for  each  month  of  such  neglect.  The 
commissioners  shall  give  notice  of  all  such  forfeitures 
to  the  State  treasurer,  who  shall  collect  the  same.  Any 
person  who,  without  neglect  on  his  part,  shall  suffer 
damage  by  reason  of  the  neglect  of  any  company  to 
erect  or  maintain  fences  as  required  by  law,  may  recover 
such  damage  from  such  company. 

When  adjoining  owner  neglects  duty  to  fence.  §  3737. 
When  it  shall  be  the  duty  of  the  owner  of  land  adjoining 
any  railroad  to  erect  or  maintain  a  fence  between  such 
land  and  such  railroad,  and  such  owner  shall  have  neg- 
lected to  erect  or  maintain  the  same,  and  it  shall  have 
been  erected  or  maintained  by  the  railroad  company  in 
conformity  to  the  order  of  the  commissioners,  such  com- 
pany may  collect  the  cost  of  erecting  and  maintaining 
such  fence  from  such  owner.  Such  cost  shall  be  a  lien 
in  favor  of  such  company  on  such  land,  and  shall  take 
precedence  of  every  other  lien  or  Incumbrance  on  said 
land,  and  may  be  foreclosed  in  the  same  manner  as  a 
mortgage  lien;  but  shall  not  continue  in  force  unless 
such  company  shall,  within  GO  days  after  the  completion 
of  such  fence,  lodge  a  certificate  with  the  town  clerk 
of  the  town  in  which  said  land  is  situated,  describing 
said  land  and  specifying  the  amount  claimed  as  a  lien 
thereon,  and  the  dates  of  the  commencement  and  com- 
pletion of  such  fence,  which  certificate  shall  be  recorded 
hy  said  clerk  on  the  land  records  of  said  town. 

Fences  affected  by  contract.  §  3738.  When  by  contract 
neither  the  owner  of  such  land  nor  the  railroad  company 


can  oblige  the  other  to  erect  or  maintain  the  fence,  or 
such  owner  or  his  grantor  has  agreed  not  to  require  the 
railroad  company  -to  erect  or  maintain  such  fence,  and 
such  fence  shall  have  been  so  erected  or  maintained 
by  the  company  by  order  of  the  commissioners  as  afore- 
said, such  company  may  collect  from  such  owner  one- 
half  of  the  cost  of  erecting  and  maintaining  such  fence, 
which  amount  shall  be  a  lien  on  such  land  as  provided 
In  §  3737. 

Roads  operated  by  trustees.  §  3739.  When  any  railroad 
shall  be  operated  by  a  trustee  or  receiver,  the  duties 
and  liabilities  imposed  and  the  rights  conferred  by 
§§  3734,  3735,  3736,  3737  and  3738  upon  companies  are 
hereby  imposed  and  conferred  upon  such  trustee  or  re- 
ceiver. Each  order  of  the  commissioners  upon  such 
trustee  or  receiver  shall  be  served  by  some  Indifferent 
person,  by  leaving  a  true  and  attested  copy  of  such 
order  with  or  at  the  usual  place  of  abode  of  such  trustee 
or   receiver,    within    six   days   of   the   date    thereof. 

Street  railways  not  running  on  public  streets  or  high- 
ways to  be  fenced.     The  provisions  of  §§3733,  3735,  373i), 
3737,  3738  and  3739  of  the  general  statutes  shall  hereafter 
apply  to   street   railways,   except  when   such  street  rail^ 
ways  are  located  in  public  streets  or  highways.  IH 

Complaint  by  State's  attorney  for  neglect  of  ftififftio^'. 
§  3740.  When  any  railroad  company  shall  neglect  to  con- 
struct any  highway  or  bridge  which  it  Is  its  duty  to  coi.- 
struct,  or  to  keep  in  repair  any  bridge,  embankmen , 
filling  or  abutment  which  it  is  its  duty  to  maintain,  tha 
State's  attorney  in  any  county  in  which  the  whole  or 
any  part  of  said  highway,  bridge,  embankment,  filllnj 
or  abutment  is  situated  shall  make  complaint  thereof  t) 
the  Superior  Court  for  such  county,  and  further  proceet- 
ings  shall  thereupon  be  taken  against  such  companj , 
similar  to  those  required  against  a  town  neglecting  t) 
construct  a  road  laid  out  by  the  Superior  Court,  or  t> 
keep  in  repair  a  road  within  its  limits,  which  It  is  iti 
duty  to  construct  or  keep  in  repair. 

Property  needed  for  changing  roads  or  bridges.  §  374] . 
When  the  commissioners  shall  recommend  to  any  ral  - 
road  company  that  changes  ought  to  be  made  in  the  roac  ■ 
way  or  in  any  bridge  of  such  company,  in  order  to  mak  > 
the  same  safer  and  more  permanent,  and,  to  carry  ou .  ■ 
such  recommendation,  it  shall  be  necessary  for  suei 
company  to  acquire  any  property  or  any  interest  thereir , 
such  company  may  take  such  property  or  interest  in  th ) 
same  manner  as  is  provided  for  taking  land  in  §  3687. 

RAILROAD  DEPOTS. 

Stops  near  villages.  §3742.  When  the  business  cente* 
of  any  village  containing  200  inhabitants  is  more  tha;i 
one  and  one-half  miles  from  the  nearest  station  on  i 
railroad,  and  not  more  than  one-third  of  a  mile  from  sail 
load,  the  railroad  commissioners,  upon  the  petition  ct 
20  of  said  inhabitants,  after  due  inquiry,  may  mak  > 
such  orders  in  regard  to  the  stoppage  of  any  of  th3 
trains  upon  such  railroad,  at  or  near  such  village,  foe 
the  purpose  of  receiving  and  discharging  passengers  or 
freight,  as  they  shall  deem  just  and  reasonable;  an! 
no  railroad  company,  whose  trains  may  be  thus  require  1 
to  stop,  shall  charge  more  than  5  cents  for  each  mils 
or  fraction  of  a  mile  for  transporting  passengers  betweei 
such  stopping  place  and  the  next  station. 

Petition  for  station  on  unfinished  road.  §3743.  Whei 
20  electors  shall  present  their  petition  to  the  rallroai 
commissioners,  alleging  that  the  company  owning  any 
unfinished  railroad  ought  to  establish  a  station  at  or 
near  a  place  named,  and  that  the  petitioners  have  rej.- 
son  to  believe  that  said  company  does  not  intend  so  ts 
do,  the  commissioners,  after  due  notice  to  said  company, 
shall  hear  said  petition;  and  if  on  such  hearing  the  com- 
missioners find  that  said  petition  should  be  granted, 
they  shall  in  writing  designate  the  place  for  a  station, 
within  the  limits  stated  in  said  petition,  and  said  com- 
pany shall  establish  and  maintain  a  suitable  station  at 
such  place.  Either  said  petitioners  or  said  company  may 
appeal  from  any  decision  of  the  commissioners  on  said 
petition,  to  a  judge  of  the  Superior  Court,  who  may 
affirm,  reverse  or  modify  such  decision  and  tax  costs  as 
he   may   deem   best. 

Abandonment  of  station  regulated.  §  3744.  No  company 
shall  abandon  any  station  on  Its  railroad,  after  the  same 


TuBLTc  Seuvice  Laws 


349 


has  been  established  for  one  year,  except  with  the  ap- 
proval of  the  railroad  commissioners,  given  after  a  public 
hearing  held  at  such  station,  notice  of  which  shall  be 
posted  conspicuously  in  such  station  for  one  month  pre- 
vious  to   the   hearing. 

Change  of  station  ivhen  line  is  moved.  §  3745.  When- 
ever the  directors  of  any  company  shall  change  the  loca- 
tion of  the  track  of  any  railroad  owned  or  leased  by 
such  company,  for  the  purpose  of  improving  the  line  of 
the  railroad,  \ami  shall  desire  to  abandon  the  former 
line,  and  there  shall  be  a  railroad  station  upon  the  line 
which  it  is  proposed  to  abandon,  such  directors  may 
apply  in  writing  to  the  railroad  commissioners  for 
authority  to  abandon  the  use  of  such  station,  after  a 
new  station  has  been  provided  at  some  convenient  point 
upon  the  new  line  of  such  railroad.  Whenever  such  ap- 
plication is  made,  the  commissioners  shall  fix  a  time 
and  place  for  a  hearing,  and  shall  give  notice  of  the 
same  by  causing  to  be  posted  at  least  30  days  before 
the  time  of  such  hearing,  in  the  railroad  station  which 
It  is  proposed  to  abandon,  a  copy  of  such  application  and 
order  of  notice;  and  may  upon  such  hearing  fix  the 
location  of  a  new  station  upon  the  new  line,  and  when 
such  new  station  has  been  constructed  and  opened  for 
the  use  of  the  public,  such  company  may  abandon  the 
old   station. 

Restoration  of  station.  §  3746.  Whenever  any  freight 
or  passenger  station  on  any  railroad  shall  be  destroyed 
or  rendered  unfit  for  use,  the  company  owning  such  sta- 
tion shall  rebuild  or  repair  the  same  within  a  reasonable 
time.  It  such  company  shall  neglect  so  to  do,  the  com- 
missioners shall  make  such  order  regarding  such  re- 
building or  repairing  as  they  deem  just  and  proper,  and 
said  order  may  be  enforced  by  mandamus  brought  in 
the   name   of  the  State. 

Appeals  from  orders  relating  to  stations.  §  3747.  Any 
person  aggrieved  by  any  order  of  the  railroad  commis- 
sioners, upon  any  proceeding  relative  to  the  location, 
abandonment,  or  changing  of  stations  to  which  he  was 
or  ought  to  have  been  made  a  i>arty,  may  appeal  from 
such  order  to  the  Superior  Court  of  the  county  in  which 
the  cause  of  appeal  shall  arise,  within  30  days  after 
the  publication  of  such  order,  by  a  petition  in  writing, 
with  a  proper  citation  signed  by  competent  authority  to 
all  parties  of  said  proceedings  having  an  interest  ad- 
verse to  him,  to  be  served  upon  them  at  least  12  days 
before  the  return  day.  Said  court  may  hear  said  ap- 
peal and  re-examine  the  question  of  the  propriety  and 
expediency  of  the  order  appealed  from,  either  by  itself 
or  a  committee,  and  shall  proceed  thereon  in  the  same 
manner  as  upon  complaints  for  equitable  relief;  and  in 
case  said  order  is  not  affirmed,  may  make  any  other 
order  in  the  premises  that  it  may  deem  proper  and 
which  might  have  been  made  by  the  railroad  commis- 
sioners, and  may  award  costs  at  its  discretion.  Such 
appeal  shall  be  a  supersedeas  of  the  order  appealed 
from  until  the  final  action  of  the  court  thereon,  and  said 
final  order  may  be  enforced  by  said  court  by  attachment, 
mandamus  or  otherwise,  as  it  shall  deem  proper. 

Petition  for  order  to  stop  trains.  §  3748.  When  any 
railroad  company  shall  refuse  to  stop  any  of  its  pas- 
senger trains  at  any  station,  10  freeholders  of  the  town 
in  which  such  station  is  situated  may  make  their  appli- 
cation in  writing  to  the  Superior  Court,  and  if  said 
court  is  not  in  session,  to  any  judge  thereof,  praying 
that  such  company  may  be  ordered  to  stop  the  train 
or  trains  mentioned  in  said  application  at  said  station, 
to  which  application  a  citation  shall  be  annexed,  and 
the  same  shall  be  served  upon  such  company  at  least 
six  days  before  the  return  day  named  therein.  Said 
court  or  judge  shall  thereupon  appoint  a  committee  of 
three  disinterested  persons,  who,  after  being  duly  sworn 
and  after  such  notice  to  the  parties  as  said  court  or 
judge  may  direct,  shall  hear  said  application  and  report 
their  decision  to  said  court;  either  party  may  object  to 
the  acceptance  of  such  report,  and  the  court  may  for 
proper  cause  set  it  aside  and  order  a  hearing.  When 
any  such  report  has  been  accepted,  the  court  may,  if  the 
committee's  decision  is  in  favor  of  the  applicants,  order 
said  company  to  stop  the  train  or  trains  as  prayed  for. 
or  may  make  any  other  order  which  it  may  deem  just 
and  proper,  and   may  tax  the  costs  of  said  proceedings 


against  either  or  both  of  said  parties.     Said  order  may 
be   enforced    by    mandamus. 

CHAPTER  215. 

OBLIGATIONS    OF    AND   TO    STEAM    RAILBOAD    COMPANIES. 

Sunday  trains  restricted.  §  3749.  No  railroad  company 
shall  run  any  train  on  any  road  operated  by  it  within 
this  State,  between  sunrise  and  sunset  on  Sunday,  ex- 
cept from  necessity  or  mercy;  provided,  that  it  may 
run  trains  carrying  the  United  States  mail,  and  such 
other  trains  or  classes  of  trains  as  may  be  authorized 
by  the  railroad  commissioners,  on  application  made  to 
them  on  the  ground  that  the  same  are  required  by 
public  necessity  or  for  the  preservation  of  freight. 

Freight  not  to  be  handled  on  Sunday  —  Exceptions 
§  3750.  No  such  company  shall  permit  the  handling,  load- 
ing, or  unloading  of  freight  on  any  road  operated  by 
it,  or  at  any  of  its  stations  within  this  State,  between 
sunrise  and  sunset  on  Sunday,  except  from  necessity  or 
mercy;  provided,  that  the  commissioners  may  suspend 
the  operation  of  this  section,  so  as  to  permit  the  hand- 
ling, loading  or  unloading  of  freight  by  transfer  of  said 
freight  between  steamboats  and  cars,  until  8  o'clock  in 
the  forenoon,  at  any  depot  or  station  where,  upon  appli- 
cation made  to  them,  they  shall  find  that  the  same  is 
required  by  public  necessity  or  for  the  preservation  of 
freight. 

Penalty.  §  3751.  Every  such  company  which  shall  vio- 
late any  provisions  of  paragraphs  3749  or  3750  shall  for- 
feit to  the  State  the  sum  of  $250  for  each  violation. 

Fwes  on  Sunday  trains — Forfeiture.  §  3752.  No  such 
company  shall  transport  passengers  on  Sunday,  upon 
any  train  deemed  necessary  according  to  the  intent  of 
paragraph  3749,  for  less  than  the  regular  fare  collected 
on  week  days;  provided,  that  commutation,  season  and 
mileage  tickets  may  be  used  on  Sunday.  No  such  com- 
pany shall  issue  or  accept  for  any  travel  on  said  day 
excursion  or  other  special-bargain  tickets.  Every  com- 
pany which  shall  violate  any  provision  of  this  section 
shall  forfeit  to  the   State  $50  for  each  violation. 

Effect  of  preceding  sections.  §  3753.  The  provisions  ol 
3749,  3750,  3751  and  3752  shall  not  affect  statutes  which 
prohibit  secular  work  or  recreation  on  Sunday,  except 
in  so  far  as  said  provisions  may  be  found  in  their  opera- 
tion to  be   inconsistent  with  said  statutes. 

Standard  time — Forfeiture.  §  3754.  Every  such  com- 
pany in  its  public  advertisements  and  time  tables,  shall 
make  use  of  the  standard  time  of  this  State  for  all 
stations  within  the  State.  Every  company  which  vio- 
lates this  section  shall  forfeit  to  the  State  $25. 

Approach  to  station — Forfeiture.  §  3755.  Every  such 
company  shall  maintain  a  convenient  and  safe  approach 
for  carriages  to  each  of  its  passenger  stations  from  the 
highway,  and  for  a  reasonable  time  before  and  after 
the  arrival  of  every  passenger  train  stopping  at  such 
station  shall  keep  such  approach  free  from  obstruction. 
The  commissioners  may  make  such  orders  as  they  deem 
necessary  and  reasonable  in  each  such  case  to  which 
their  attention  is  called.  Every  company  violating  such 
an  order  shall  forfeit  to  the  State  $100  for  each  day  of 
such    violation. 

Companies  to  afford  mutual  facilities.  §  3756.  Every 
such  company  shall  run  its  passenger  trains  at  such 
times  and  in  such  manner  as  to  afford  reasonable 
facilities  for  receiving  passengers  from  and  delivering 
them   to   other   connecting   railroads   in   this    State. 

Commissioners  may  regulate  connections.  §  3757.  Any 
person,  claiming  to  be  aggrieved  by  the  neglect  of  any 
such  company  or  companies  to  comply  with  the  provi- 
sions of  §  3756,  may,  with  the  written  approval  of  the 
selectmen  of  any  town  through  which  the  railroad  of  any 
such  company  passes,  bring  his  written  petition  to  the 
commissioners,  alleging  such  neglect.  Said  commis- 
sioners, shall  thereupon  appoint  a  time  and  place  for 
hearing  the  same  and  give  reasonable  notice  thereof  to 
said  petitioner  and  to  such  company  or  companies,  and 
after  such  hearing  the  commissioners  shall  make  such 
order  relating  to  such  connection  as  they  shall  find  to 
be  practicable  and  reasonable,  and  shall  communicate 
their  decision  to  the  petitioner  and  to  such  company  or 
companies  within  20  days  after  the  final  hearing.     Every 


350 


National  Association  of  Railway  Commissionebs 


such  company  failing  to  comply  with  such  order  within 
10  days  after  receiving  notice  of  such  decision  shall  for- 
feit $50  to  the  State  for  each  day  of  such  non-compliance 
after   the   expiration   of   said   10   days. 

Roads  intersecting  trunk  line  to  have  equal  facilities. 
§  3758.  When  the  trunk  line  of  any  company  shall,  at 
or  near  the  same  place,  connect  with  or  be  intersected 
by  two  or  more  other  railroads,  which  are  competing 
lines  for  the  business  to  or  from  such  trunk  line,  the 
company  operating  such  trunk  line  shall  afford  equal 
facilities,  including,  price  and  rates,  to  each  of  such 
competing  roads,  in  the  interchange  of  cars,  the  trans- 
portation of  freight,  the  furnishing  of  tickets  to  pas- 
sengers, and  the  checking  of  baggage. 

Aggrieved  company  may  apply  to  commissioners.  §  3759. 
If  any  such  competing  company  shall  at  any  time  deem 
itself  aggrieved  in  reference  to  such  facilities,  it  may 
complain  to  the  commissioners,  who,  after  due  notice 
and  hearing,  shall  prescribe  such  regulations  as,  in  their 
judgment,  will  secure  reasonable  facilities  for  the  ac- 
commodation of  the  business  of  each  of  said  connecting 
railroads,  and  fix  the  terms  on  which  such  facilities 
shall  be  afforded  by  or  to  each  of  such  companies;  and 
the  Superior  Court  may  compel  the  observance  thereof, 
by  attachment,  mandamus  or  otherwise,  and  the  expenses 
of  the  proceedings  shall  be  paid  by  the  parties,  as  the 
court  shall  determine. 

Order  ly  commissioners  as  to  connections.  §  3760.  When 
it  shall  appear  to  the  commissioners,  by  the  written 
complaint  of  any  railroad  company,  or  a  majority  of  the 
selectmen  of  any  town  through  which  any  railroad  passes, 
that  the  business  connections  of  any  connecting  railroad 
are  not  convenient  and  reasonable  for  the  accommodation 
of  the  Inhabitants  on  the  line  of  such  road,  the  commis- 
sioners shall  forthwith  cause  a  notice  to  be  given  to 
all  parties  interested,  specifying  the  time  and  place  of 
hearing  such  complaint;  and  if,  on  such  hearing,  good 
and  sufficient  cause  shall  be  found  to  exist,  they  shall 
make  such  regulations  concerning  such  accommodation 
as  they  shall  deem  proper.  Every  company  neglecting 
to  comply  with  such  regulations  shall  forfeit  to  the  State 
|25  for  each  day  of  such  neglect. 

Facilities  for  connecting  roads  —  Forfeiture.  §  3761. 
Every  company  operating  a  railroad  wholly  or  in  part  in 
this  State,  which  connects  with  any  other  railroad  in 
this  State,  shall  receive,  and  with  reasonable  dispatch 
draw  over  its  road,  the  passengers,  merchandise,  and 
cars  of  the  company  operating  such  connecting  railroad, 
and  shall  not  in  any  manner  discriminate  as  to  time  and 
price  for  such  hauling  against  such  connecting  railroad, 
in  favor  of  other  shippers  at  said  point  of  connection. 
If  any  such  company  shall  fail  to  comply  with  the  fore- 
going requirements,  complaint  thereof  may  be  made  by 
the  company  operating  such  connecting  railroad  to  the 
commissioners,  who,  after  reasonable  notice  to  the  com- 
pany complained  of,  shall,  if  upon  hearing  they  find 
the  complaint  true,  order  the  company  complained  of  to 
receive  and  forward,  according  to  the  requirements  of 
this  section,  such  passengers,  merchandise  and  cars  as 
may  be  delivered  to  it  from  said  connecting  railroad. 
Every  company  refusing  to  conform  to  such  order  shall 
forfeit  to   the   State   $25. 

Safety  couplers  on  freight  cars.  §  3762.  Every  com- 
pany operating  a  railroad  located  wholly  or  partly  in 
this  State,  shall  cause  every  freight  car  built  or  pur- 
chased for  use  on  such  railroad  to  be  provided  with 
couplers  so  arranged  as  to  render  unnecessary  the  pres- 
ence of  any  person  between  the  ends  of  the  cars  for 
the  purpose  of  coupling  the  same. 

Couplers  to  be  approved  iy  commissioners.  §  3763.  No 
couplers  shall  be  placed  on  any  such  freight  car,  nor 
shall  any  couplers  be  substituted  for  any  in  use,  until 
the  same  shall  have  been  approved  by  thecommissioners, 
and  such  couplers  shall  be  hung  at  such  height  above 
the  railroad  track  as  shall  be  designated  by  the  commis- 
sioners. 

Penalty.  §  3764.  Every  railroad  company  which  shall 
permit  a  violation  of  any  provision  of  §§3762  or  3763 
shall  forfeit  $50  to  the  State  for  every  such  violation. 

Platforms — Hand  cars — Water — Checks-r-Name  on  sta- 
tions—Placards on  cars.  §  3765.  Every  such  company 
shall   provide   its   passenger,   baggage,   mail   and   express 


cars  with  suitable  platforms  or  connecting  aprons  or 
bridges,  to  secure  the  safety  of  persons  passing  from 
ear  to  car,  to  the  approval  of  the  commissioners,  except 
thai  freight  or  baggage  cars  need  not  be  thus  connected 
with  the  platform  of  passenger  cars  attached  to  freight 
trains;  no  compaiiy  shall  allow  any  hand  car,  or  other 
car  not  moved  by  steam  used  upon  its  railroad,  when 
removed  from  the  railroad  track,  except  when  placed  in 
a  building  prepared  for  it,  to  remain  within  50  feet  of 
any  road  or  highway  crossing  said  track.  Every  such 
company  shall  carry  in  each  passenger  car  a  sufficient 
quantity  of  good  drinking  water,  with  a  clean  tumbler  or 
cup,  for  the  free  use  of  the  passengers,  or  instead  there- 
of shall  carry  through  each  passenger  car,  once  an 
hour,  a  suitable  quantity  of  good  drinking  water,  with 
a  clean  glass  tumbler,  for  the  free  use  of  the  passengers; 
shall  give  each  passenger,  who  shall  be  separated  from 
his  baggage  by  such  company,  a  receipt  or  check  for  It 
at  the  time  of  separation;  shall  conspicuously  post  on 
each  passenger  depot  the  name  of  the  station,  and  on 
each  passenger  car  which  leaves  the  terminus  of  any 
road  operated  by  it,  a  legible  card,  not  less  than  thrse 
feet  in  length,  with  large  letters,  distinguishing  way 
from  express  trains,  and  designating  the  direction  in  whii'h 
each  train  is  next  to  move,  unless  such  cards  shall  }e  ■ 
dispensed  with  by  the  commissioners. 

Water  closets  at  stations.  §  3766.  Every  company  opt  r- 
ating  a  steam  railroad  shall  maintain  at  each  regular  pas- 
senger depot  such  suitable  water  closets  as  in  the  judg- 
ment of  the  commissioners  the  public  convenience  mi  y 
require.  The  commissioners  may  make  all  necessary 
orders  relating  thereto  and  enforce  the  same  by  mandi- 
mus  in  the  name  of  the  State. 

Bulletin  of  late  trains — Penalty.  §  3767.  The  railroi  d 
commissioners,  whenever  requested  by  20  legal  votes 
residing  within  2  miles  of  any  station  on  a  railroad  ia 
this  State,  or  by  the  mayor  of  the  city,  the  first  select- 
man of  the  town,  or  the  warden  of  the  borough  in  whi(  h 
such  station  is  located,  shall  require  the  company  ow  i- 
ing  such  station  to  bulletin  the  arrival  and  departure  <  f 
all  trains  over  10  minutes  late,  together  with  a  stat  ;- 
ment  of  the  cause  of  the  delay  of  such  trains.  No  sue  i 
order  shall  be  rescinded  except  after  hearing  by  tt  e 
commissioners  held  at  or  near  such  station,  after  re  > 
sonable  notice  by  mail  to  the  signers  of  such  reques .. 
Any  company  failing  to  comply  with  such  order  sha  1 
be  subjest  to  the  penalties  prescribed  in  §  3888. 

Payment  of  fare  not  to  Be  evaded.  §  3768.  No  perso  i 
shall  fraudulently  evade  or  attempt  to  evade  the  paymei  t 
of  any  fare  lawfully  established  by  a  railroad  compan;-. 
No  person  who  does  not,  upon  demand,  pay  such  far  ■, 
shall  be  entitled  to  be  transported  over  any  railroac ; 
but  conductors  or  employes  of  railroad  companies  sha  1 
not  put  a  passenger  off  a  train  between  stations. 

Change  in  commutation  fares  regulated.  §  3769.  No 
railroad  company  which  has  had  a  system  of  commuti- 
tion  fares  in  force  more  than  four  years  shall  alter  c  r 
abolish  it,  except  for  the  regulation  of  the  price  charge  i 
for  such  commutation,  and  such  price  shall  in  no  case 
be  raised  to  an  extent  that  shall  alter  the  ratio  as  t 
existed  on  the  first  of  July,  1865,  between  such  commu- 
tation and  the  rates  then  charged  for  way  fares  on  the 
railroad  of  such  company.  Nothing  herein  contained 
shall  prevent  any  railroad  company  from  issuing  com- 
mutation tickets  of  a  different  system  whenever  the 
person  to  whom  the  same  are  issued  is  willing  to  accei  t 
the  same.  This  section  shall  not  apply  to  any  con- 
tracts between  this  State  and  such  company,  for  the 
transportation  of  members  of  the  general  assembly. 

Transportation  of  milk — Forfeiture.  §  3770.  Every  rail- 
road company  which  refuses  to  transport  milk  for  any 
person  on  the  same  train  and  on  the  same  conditions  on 
which  it  transports  milk  for  any  other  person,  shall 
forfeit  to  the  State  $20  for  each  offense. 

Regulations  for  transportation  of  explosives — Forfeiture. 
§  3771.  No  such  company  shall  receive  for  transporta- 
tion or  transport  any  explosive  material  or  compound, 
except  in  accordance  with  such  regulations  as  shall  be 
prescribed  by  the  railroad  commissioners,  who  are  here- 
by authorized  to  make  such  regulations,  which  shall 
supersede  and  render  void  all  other  laws  and  regula- 
tions relative  to  the   transportation  of  such  material  or 


Public  Service  Laavs 


351 


compound  by  such  companies  in  tliis  State.  Ttie  com- 
missioners sliall  furnisli  copies  of  all  sucli  regulations  to 
all  such  companies.  After  such  regulations  have  been 
made  and  copies  furnished  as  aforesaid,  any  such  com- 
pany transporting  any  explosive  material  or  compound, 
except  in  accordance  with  such  regulations,  shall  forfeit 
to  the  State  not  less  than  $10  or  more  than  $500  for  each 
offense. 

Freight  charges  regulated.  §  3772.  No  railroad  com- 
pany shall  charge  or  receive,  for  the  transportation  of 
freight  to  aiiy^station  on  its  road,  a  greater  sum  than 
is  at  the  time  charged  or  received  for  the  transportation 
of  the  like  kind  and  quantity  of  freight,  from  the  same 
original  point  of  departure  and  under  similar  circum- 
stances, to  a  station  at  a  greater  distance  on  its  road 
in  the  same  direction.  Two  or  more  railroad  companies, 
whose  roads  connect,  shall  not  charge  or  receive,  for 
the  transportation  of  freight  to  any  station  on  the  road 
of  either  of  them,  a  greater  sum  than  is  at  the  time 
charged  or  received  for  the  transportation  of  the  like 
kind  and  quantity  of  freight,  from  the  same  original 
point  of  departure  and  under  similar  circumstances, 
to  a  station  at  a  greater  distance  on  the  road  of  either 
of  them  in  the  same  direction.  In  the  construction  of 
this  section  the  sum  charged  or  received  for  the  trans- 
portation of  freight  shall  include  all  terminal  charges; 
and  the  road  of  a  company  shall  include  all  the  road 
in  use  by  it,  whether  owned  or  operated  under  a  con- 
tract or  lease. 

Forfeiture.  %  3773.  Every  railroad  company  which  vio- 
lates any  provision  of  §  3772  shall  be  liable  for  all  dam- 
ages sustained  by  reason  of  such  violation,  and  shall 
forfeit  $200  to  the  State,  to  be  recovered  by  the  State's 
attorney  of  the  county  in  which  such  violation  takes 
place,  but  no  action  for  any  such  forfeiture  shall  be 
maintained  unless  the  same  is  brought  within  one  year 
from  the  date  of  such  violation. 

Charge  lor  detention  of  cars  regulated.  §  3774.  No  com- 
pany owning  or  operating  a  railroad  in  this  State  shall 
claim,  demand  or  collect  from  any  shipper  or  consignee 
of  merchandise  or  freight,  any  sum,  damage  or  charge 
for  the  delay  or  detention  of  cars  in  loading  or  unload- 
ing, for  any  period  of  less  than  four  consecutive  days, 
Sunday  and  legal  holidays  excluded.  Such  four  days 
shall  be  computed  from  the  time  the  cars  become  acces- 
sible to  the  shipper  or  consignee  for  the  purpose  of 
loading   or  unloading. 

Charge  for  storage  regulated.  §  3775.  No  such  company 
shall  claim,  demand  or  collect,  from  any  consignee  of 
merchandise  or  freight,  any  sum  for  the  storage  thereof 
In  a  freighthouse,  warehouse  or  other  structure,  for  a 
period  of  less  than  two  consecutive  days,  Sundays  and 
legal  holidays  excluded.  Such  two  days  shall  be  com- 
puted from  the  time  of  the  arrival  of  such  merchandise 
or  freight  at  the  place  of  delivery.  Every  such  company 
violating  this  section  or  §  3774  shall  forfeit  to  the  State 
double  the  amount  so  claimed,  demanded  or  collected. 

Lien  for  transportation  charges.  §  3776.  No  such  com- 
pany shall  have  a  lien  upon  merchandise  or  freight 
transported  by  it  for  transportation  charges,  or  for 
advances  upon  freight  so  transported,  unless  such  company 
shall,  upon  request,  deliver  to  the  consignee  of  such 
freight,  or  his  agent,  for  his  own  use,  a  copy  of  the 
bill  or  statement  of  such  charges  and  advances  as  the 
same  appears  upon  the  waybill  held  by  such  comapny. 

Penalty  for  refusing  to  transport  material.  §  3777. 
Every  such  company  which  refusfes  to  transport  over  the 
line  of  its  road  any  railroad  ties,  sleepers  or  material 
to  be  used  in  the  construction  or  repair  of  any  other 
railroad,  at  the  same  rate  or  price  as  other  freight  of 
the  same  class,  shall  forfeit  to  the  State  not  less  than 
$00  nor  more  than  $300. 

Penalty  for  refusing  to  give  receipts.  §  3778.  Every 
such  company  which  refuses  to  give  a  receipt  to  the 
owner  or  shipper,  describing  any  commodity  delivered 
to  it  for  transportation,  shall  forfeit  to  such  owner  or 
shipper  $50. 

Fire  caused  'by  engine — Insurable  interest.  §  3779.  When 
property  is  injured  by  fire  communicated  by  an  engine 
of  a  railroad  company,  without  contributory  negligence 
on   the  part  of  the   person  entitled   to  the  care  and   pos- 


session of  such  property,  such  company  shall  be  held 
responsible  in  damages  to  the  extent  of  such  injury  to 
the  person  so  injured.  Every  such  company  shall 'have 
an  insurable  interest  in  the  property  for  which  it  may 
be  so  held  responsible  in  damages,  and  may  procure 
insurance   thereon  in  its   own   behalf. 

Notice  of  claim.  §  3780.  No  action  shall  be  brought 
under  §  3779,  unless  written  notice  of  the  claim  is  given 
to  such  company  within  20  days  after  the  fire,  specify- 
ing the  day  and  time  of  the  fire,  the  property  injured, 
and  the  amount  claimed  as  damages.  Such  notice  may 
be  given  by  a  letter  signed  by  the  claimant  or  his 
agent,  mailed  to  the  superintendent  of  the  railroad,  or 
delivered  to  its  station  agent  at  a  station  in  the  town 
where  the  fire  occurred. 

Land  damages  not  to  be  affected  by  fire  risk.  §  3781. 
No  appraisal  of  damages  for  land  taken  or  injured  by 
the  location  or  construction  of  a  railroad  shall  include 
any  compensation  for  the  increased  risk  of  fire  to  any 
buildings  erected  or  to  be  erected  on  land  outside  of 
such  location,  on  account  of  sparks  from  engines  on 
such   railroad. 

Certain  employes  to  wear  badges.  §  3782.  All  the  con- 
ductors, brakemen  and  baggagemen,  employed  upon 
the  passenger  trains  of  any  company,  when  on  duty 
shall  wear,  in  a  conspicuous  place,  a  badge  showing 
their  respective  duties  and  the  name  of  such  company. 

Trespass  on  railroad  property  forbidden.  §  3783.  No 
person  shall,  without  the  permission  of  the  managers  of 
a  railroad,  be  upon,  or  attach  himself  to  any  engine  or 
car  upon  the  track  of  such  railroad,  or  occupy  any  part 
of  the  platform  or  grounds  of  any  station  of  such  rail- 
road, or  ride,  drive,  or  lead  any  beast  on  said  track, 
except  for  the  purpose  of  crossing  it.  Every  station 
agent  of  any  such  company,  who  shall  know  or  have  im- 
mediate information  that  any  person  has  violated  any 
provision  of  this  section,  shall  fortwith  notify  a  grand 
juror  or  other  informing  officer  of  the  town  in  which 
such  offense  shall  have  been  committed. 

Penalty.  §  3784.  Every  person  who  shall  violate  any 
provision  of  §  3783  shall  be  fined  not  more  than  $50, 
or   imprisoned   not  more   than   30   days,   or   both. 

Warnings  at  grade  crossings.  §  3785.  Every  company 
shall  keep  and  maintain,  at  each  crossing  at  grade  of 
any  highway  at  which  tliere  is  no  gate,  warning  boards 
of  such  a  description  as  the  commissioners  may  ap- 
prove. 

Bells  and  whistles.  §  3786.  Every  engine  used  upon  a 
railroad  shall  be  supplied  with  a  bell  of  at  least  35 
pounds  weight,  and  a  suitable  steam  whistle,  which  bell 
and  whistle  shall  be  so  attached  to  such  engine  as  to 
be  conveniently  accessible  to  the  engineer  and  in  good 
order  for  use. 

Bells  and  whistles  to  sound  at  crossings.  §  3787.  Every 
person  controlling  the  motions  of  an  engine  on  a  rail- 
road shall  commence  sounding  the  bell  or  whistle  when 
such  engine  is  approaching,  and  is  within  80  rods  of  the 
place  where  such  railroad  crosses  any  highway  at  grade, 
and  shall  keep  such  bell  or  whistle  occasionally  sound- 
ing until  such  engine  has  crossed  such  highway.  The 
company  in  whose  service  such  person  may  be  shall  pay 
all  damages  which  may  accrue  to  any  person  in  conse- 
quence of  any  omission  to  comply  with  any  provision 
of  this  section;  and  no  railroad  company  shall  knowingly 
employ  an  engineer  who  has  been  twice  convicted  of 
violating   any   provision   of   this   section. 

Signals  on  train  operated  by  electricity.  §  3788.  Any 
steam  railroad  company  operating  any  train  by  electric- 
ity may  provide  and  use  on  such  train  an  air  whistle 
in  lieu  of  a  steam  whistle  as  provided  by  §§  3786  and 
3787;  and  such  provision  and  use  on  trains  operated  by 
electricity  shall  be  deemed  to  be  a  full  compliance  with 
the    requirements    of   said    sections. 

Assistant  engineer  or  fireman  may  signal.  %  3789. 
Every  engineer  in  charge  of  an  engine  may  direct  and 
authorize  any  fireman  or  assistant  engineer,  who  is  under 
.  his  authority  at  the  time,  to  perform  the  duties  Im- 
posed upon  him  as  such  engineer  by  §  3787,  but  nothing 
in  this  section  shall  relieve  the  engineer  from  any 
liability  or  responsibility. 

Signal  at  crossing  not  at  grade.    §  3790.    When  it  shall 


352 


National  Association  of  Railway  Commissioners 


appear  to  the  railroad  commissioners,  upon  the  written 
complaint  of  the  selectmen  of  any  town,  that  public 
safety  requires  the  sounding  o£  the  engine  whistle  at  any 
highway  crossing  when  the  train  passes  over  or  under 
such  highway,  they  shall  make  such  order  in  relation 
thereto  as  they  deem  proper. 

Engineers  to  have  copies  of  law  and  to  he  sworn.  §  3791. 
No  company  shall  permit  any  person  to  drive  as  engine 
upon  a  railroad  operated  by  it  unless  he  shall  have  first 
received  a  printed  copy  of  §§  3786  and  3787  and  of  this 
section,  and  shall  have  made  oath  that  he  will  faithfully 
comply   with    their   provisions. 

Commissioners  may  regulate  signals.  §  3792.  When 
the  selectmen  of  any  town,  the  mayor  and  common  coun- 
cil of  any  city,  or  the  warden  and  burgesses  of  any  bor- 
ough shall  bring  their  petition  in  writing  to  the  railroad 
commissioners,  representing  that  the  public  interest  re- 
quires that  the  blowing  of  the  engine  whistle  at  certain 
points  within  the  limits  of  such  town,  city,  or  borough 
shall  be  dispensed  with,  the  commissioners  shall  appoint 
a  time  and  place  for  hearing  said  petition,  and  shall  give 
reasonable  notice  thereof  to  the  petitioners  and  the 
company  operating  such  railroad.  If,  after  such  hearing, 
the  commissioners  shall  be  of  opinion  that  the  sounding 
of  the  whistle  as  aforesaid  can  be  safely  dispensed  with, 
they  shall  direct  such  company  to  omit  such  signal  and 
require  any  other  signal  in  lieu  thereof  which  they  shall 
judge  best.  The  commissioners  may  from  time  to  time 
thereafter,  upon  the  petition  either  of  such  company  or 
of  such  local  authorities,  after  due  notice  and  hearing, 
modify  or  annul  any  such  order.  Such  company  shall 
obey  any  order  of  the  commissioners  made  in  accordance 
with  this  section. 

Trains  to  stop  before  crossing,  drawbridge  or  railroad. 
§  3793.  Every  train  shall  be  brought  to  a  full  stop,  at 
a  distance  of  not  less  than  200  feet  nor  more  than  800 
feet,  from  the  draw  In  every  drawbridge  upon  the  line 
of  the  railroad  over  which  it  runs,  and  from  every  point 
where  such  railroad  is  crossed  by  another  railroad,  and 
in  plain  sight  of  the  same,  before  being  run  upon  or  over 
such  draw  or  crossing;  but  the  commissioners  may  in 
writing  authorize  the  passing  of  any  such  draw  or 
crossing  without  stopping  as  aforesaid,  when, '  in  their 
opinion,  it  can  be  done  consistently  with  public  safety. 

Penalty.  §  3794.  Every  person  running  such  a  train, 
who  shall  violate  any  provision  of  §  3793,  shall  be  fined 
not  more  than  $100,  or  imprisoned  not  more  than  three 
months;  and  the  president  and  directors  of  every  railroad 
company  who  shall  knowingly  permit  any  violation  of  tRe 
same  shall  be  fined  $500. 

Trains  to  stop  at  station  near  drawbridge.  §  3795. 
Every  train  obliged  to  come  to  a  full  stop  before  crossing 
any  drawbridge  shall,  when  the  commissioners  so  order, 
stop  at  the  regular  station  nearest  to  such  bridge  for  a 
suflScient  length  of  time  to  accommodate  passengers  who 
may  desire  to  enter  or  leave  such  train,  if  such  station 
is  in  full  view  of  such  bridge,  and  not  more  than  120 
rods  therefrom. 

Complaint  of  interference  with  navigation.  §  3796. 
The  commissioners  shall  Investigate  all  complaints  made 
to  them  against  railroad  companies  of  interference  with 
navigation  In  the  use  of  drawbridges  over  any  navigable 
waters,  and  shall  make  such  orders  in  reference  thereto 
as  will  in  their  judgment  remove  all  just  cause  of  com- 
plaint, in  so  far  as  this  can  be  done  with  due  regard  for 
the   rights  of  the  parties  affected   and   the  public  safety. 

Switches  at  railroad  junctions.  §  3797.  No  company 
shall  permit  any  passenger  train  to  be  run  over  any 
switch,  at  any  railroad  junction,  or  at  any  station  where 
such  train  does  not  regularly  stop  or  is  not  then  to  be 
stopped,  unless  there  be,  at  the  time  when  such  train 
arrives  near  such  switch,  a  switchman  standing  at  such 
junction  switch  or  at  the  station  switch  so  first  ap- 
proached, with  a  white  flag  by  day  or  a  light  at  night, 
to  Indicate  that  such  switch  is  in  a  proper  position  for 
the  passage  of  such  train;  or  unless,  in  the  absence  of 
euch  switchman,  such  train  shall  first  be  brought  to  a 
full  stop  at  a  distance  of  not  less  than  200  feet  nor  more 
than  700  feet  therefrom.  Every  person  who  shall  run 
a  train  over  any  switch,  contrary  to  the  provisions  of  this 
section,  shall  be  fined  not  more  than  $100,  or  imprisoned 
not  more  than  60  days,  or  both;   and  the  president  and 


directors  of  any  company,  who  shall  permit  a  train  to  be 
run  over  any  switch  contrary  to  the  provisions  of  this 
section,  shall  be  fined  $500;  but  the  commissioners  may 
dispense  with  any  such  switchmen. 

Regulation  of  speed  and  stops.  §  3798.  The  commis- 
sioners may  permit  passenger  trains  to  be  run  past  any 
switch,  station,  or  highway  crossing,  without  stopping,  at 
such  rate  of  speed  as  they  may  prescribe,  upon  the  pro- 
vision by  the  company  of  such  safeguards  for  the  protec- 
tion of  its  passengers  and  the  public  as  the  commission- 
ers may  require.  If  such  company  shall  neglect  to  make 
such   provision,  it  shall  forfeit  $500  to  the  State. 

Number  of  brakemen.  §  3799.  Upon  every  train  run, 
or  intended  to  be  run,  upon  any  railroad  in  this  State, 
at  a  greater  average  speed  than  30  miles  an  hour  be- 
tween stations,  and  including  more  than  two  passenger 
cars,  one  brakeman  shall  be  kept  at  the  brake  of  each 
car;  but  when  the  double-action  brake  is  used  on  any 
such  train,  but  one  brakeman  need  be  kept  upon  and  for 
every  two  cars  connected  with  such  train.  The  corj- 
missioners  may  grant  permission  to  any  company  to 
reduce  the  number  of  brakemen  required  upon  passenger 
trains,  when  such  company  has  adopted  a  system  of 
brakes  to  be  operated  by  the  engineer,  which  in  the 
opinion  of  the  commissioners  will  render  such  number  ('f 
brakemen  unnecessary.  The  commissioners  may  revoke 
such  permission  when  they  consider  that  public  safety 
requires ;  and  on  such  revocation  the  company  sha  1 
place  upon  its  trains  the  number  of  brakemen  require  1 
by  law. 

Notice  to  commissioners  of  accidents.  §3800.  Ever/ 
railroad  company  shall,  within  24  hours  after  the  occur- 
rence of  any  accident  attended  with  personal  injurj , 
give  notice  of  the  same  to  the  commissioners  in  writing , 
who,  upon  receiving  such  notice  or  upon  public  rumor 
of  such  accident,  may  repair,  or  dispatch  one  of  the!:" 
number,  to  the  scene  of  said  accident,  and  inquire  Int ) 
the  facts  and  circumstances  thereof.  The  commissioner ) 
shall,  without  charge,  furnish  any  person  injured,  or  th  : 
friends,  of  any  person  killed,  any  information  they  ma/ 
have  acquired  in  relation  to  such  accident,  and  th^ 
names  of  the  persons  from  whom  the  same  was  obtainel 
or  by  whom  the  same  may  be  proved. 


ANNUAL  RETURNS  OF  STEAM  BAILBOAD  COMPANIES. 


a 


Form  and  date  of  returns — Penalty.  §  3819.  The  rail  ■ 
road  commissioners  shall  annually,  on  or  before  the  thii  • 
tieth  day  of  June,  furnish  to  every  railroad  company,  o  ■ 
to  the  trustees  or  receivers  operating  any  railroad,  dupli 
cate  blanks  for  returns  in  the  form  required  by  the  Intel- 
state  Commerce  Commission,  which  returns  shall  be  fo  • 
the  year  ending  on  said  thirtieth  day  of  June.  All  com 
panles,  trustees,  or  receivers  receiving  such  blank  forms 
shall  return  one  of  them  to  the  commissioners  on  o  ■ 
before  the  fifteenth  day  of  September  in  each  year,  with 
all  questions  fully  answered,  except  where  the  answer; 
would  be  "none"  or  "nothing,"  in  which  case  the  ques- 
tion itself  may  be  stricken  out.  Said  returns  shall  bi< 
signed  and  sworn  to  by  the  president  or  vice-presiden , 
and  treasurer  of  the  company,  or  by  a  majority  of  th<! 
trustees  or  receivers  making  the  same.  Every  company, 
whose  president  or  vice-president  and  treasurer  or  trus- 
tees or  receivers  shall  refuse  or  neglect  to  make  sudi 
returns,  shall  forfeit  to  the  State  $25  for  each  day  o' 
such  neglect  or  refusal,  and  the  commissioners  shall 
report  such  forfeiture  to  the  State  treasurer;  and  tho 
books  of  every  railroad  company  shall  at  all  times  bo 
open  to  the  Inspection  of  any  committee  of  the  general 
assembly  appointed  for  that  purpose. 

Returns  to  follow  forms  strictly — Amendments.  §  3820. 
Every  railroad  company  shall  make  its  annual  returni! 
strictly  according  to  the  forms  provided,  and  if  tho 
officers,  trustees,  or  receivers  find  it  impracticable  to 
return  all  the  items  in  detail  as  required,  they  shall  statu 
in  their  report  the  reasons  why  such  details  cannot  be 
given;  but  no  company  shall  be  excused  for  not  giving 
such  details  because  it  does  not  keep  its  accounts  in 
such  manner  as  will  enable  it  to  do  so.  When  any  such 
returns  seem  to  the  commissioners  defective  or  errone- 
ous, they  shall  notify  the  company,  trustees,  or  receivers 
making  the  same,  and  require  the  amendment  of  such 
returns    within    15    days    from    the    time    of   giving    such 


Public  Service  Laws 


353 


notice  under  the  same  penalty  as  is  provided  for  refusing 
or  neglecting  to  malie  returns. 

Returns  by  lessors.  §  3821.  The  officers,  trustees  or  re- 
ceivers of  every  railroad  company,  which  has  leased  a 
railroad  upon  terms  by  which  the  rental  is  based  upon 
tlie  earnings  of  the  leased  road,  shall  make  returns  to 
the  railroad  commissioners  concerning  the  leased  road, 
separate  and  apart  from  the  business  of  the  lessee,  and 
in  the  same  manner  in  which  the  officers  of  said  leased 
railroad  would  bo  required  to  make  returns  had  it  not 
been  leased.    ,      , 

Reports  concerning  trunk  line  of  consolidated  road. 
§  3822.  For  the  purpose  of  annual  reports  to  the  railroad 
commissioners,  the  trunk  line  of  the  New  York,  New 
Haven,  and  Hartford  railroad  company  is  hereby  declared 
to  be  the  line  of  road  between  Woodlawn  Junction  in  the 
State  of  New  York  and  Providence  in  the  State  of 
Rhode  Island;  and  from  New  Haven  to  the  State  of 
Connecticut  to  Springfield  in  the  State  of  Massachusetts. 
This  section  shall  not  affect  the  method  of  taxation  of 
the  trunk  and  branch  lines  owned  by  said  railroad  com- 
pany as  fixed  by  the  board  of  equalization  for  the  year 
1898.  And  in  case  any  railroad  shall  hereafter  be 
merged  in  said  New  York,  New  Haven,  and  Hartford 
railroad  company,  the  valuation  of  the  railroad  so 
merged  tor  purposes  of  taxation  shall  not  be  less  than 
the  valuation  for  the  year  preceding  the  date  of  such 
merger. 

CHAPTER  217. 

STREET  EAILWAYS. 

Construction  plan  to  6e  submitted  to  local  authorities. 
§  3823.  When  any  company  shall  have  been  chartered 
by  the  general  assembly  for  the  purpose  of  operating 
street  railways,  or  when  any  such  company  already  organ- 
ized has  been  or  shall  be  given  the  right  to  lay  additional 
tracks,  before  such  company  shall  proceed  to  construct 
such  railway  or  lay  additional  tracks,  it  shall  cause  a 
plan  to  be  made  showing  the  highway  or  highways  in 
and  through  which  it  proposes  to  lay  its  tracks,  the  lo- 
cation of  the  same  as  to  grade  and  the  center  line  of 
said  highways,  and  such  changes,  if  any,  as  are  pro- 
posed to  be  made  in  any  highway.  Said  plan  shall  be 
presented  to  the  mayor  and  court  of  common  councfl 
of  each  city,  the  selectmen  of  each  town,  or  the  warden 
and  gurgesses  of  each  borough,  within  which  such  com- 
pany proposes  to  operate  its  railway,  who  shall  there- 
upon, after  public  notice,  proceed  to  a  hearing  of  all 
persons  interested  therein,  and  after  such  hearing  may 
accept  and  adopt  such  plan,  or  make  such  modifications 
therein  as  to  them^  shall  seem  proper,  and  shall,  within 
60  days  after  the  presentation  of  such  plan,  notify  such 
company  in  writing  of  their  decision  thereon  and  of  such 
modifications  therein  as  they  have  made.  The  refusal 
or  neglect  of  any  such  local  authorities  to  notify  such 
company  of  their  decision  within  the  period  of  60  days  as 
aforesaid  shall  be  deemed  a  refusal  to  approve  and  accept 
such  plan  so  presented  by  such  company.  Nothing  in 
this  chapter  shall  prevent  such  company  from  continu- 
ing to  present  to  such  local  authorities  plans  as  here- 
tofore provided,  until  such  company  and  local  authorities 
shall  agree  upon  the  same;  and  no  such  company  shall 
construct  such  railway  or  lay  additional  tracks,  except 
In  accordance  with  a  plan  approved  by  the  authorities 
aforesaid,  or  approved  on  appeal,  by  the  railroad  com- 
missioners or  the  Supreme  Court,  as  provided  in  SS  3832 
3833  and  3834. 

Local  authorities  to  direct  location  of  tracks.  §  3824. 
rhe  selectmen  of  each  town,  the  mayor  and  common 
:ouncil  of  each  city,  and  the  warden  and  burgesses  of 
3ach  borough,  shall,  within  their  respective  jurisdictions, 
ind  subject  to  the  right  of  appeal  as  provided  in 
§§  3832  and  3843,  have  exclusive  control  over  the  placing 
5r  locating  of  tracks,  wires,  conductors,  fixtures,  or 
3ther  permanent  structures  of  any  such  railway  in  the 
highways,  over  the  relocating  or  removal  of  the  same, 
md  over  changes  in  the  grade  of  such  railway,  and 
nay  make  all  orders  necessary  to  the  exercise  of  such 
lower  of  control;  provided,  that  orders  concerning  re- 
ocation,  removal,  and  changes  in  grade  shall  be  made 
)nly  for  the  purpose  of  public  improvement.  Said  orders 
ihall  be  in  writing,  and  shall  be  recorded  in  the  records 
)f   the   respective    municipalities.     Every    such    company 


shall,  at  its  own  expense,  comply  with  and  carry  out 
such  orders  forthwith,  and,  in  case  of  its  failure  so  to  do, 
such  town,  city,  or  borough  may  carry  out  said  orders 
and  recover  the  expense  thereof  from  such  company  in 
an  action  on  this  statute,  or  may  proceed  by  a  writ  of 
mandamus  to  compel  such  company,  at  its  own  expense, 
to  carry  out  said  orders.  Except  in  the  case  of  bridges, 
terminals,  curves  in  turning  from  one  street  to  another, 
and  turnouts  and  switches  not  exceeding  150  feet  in 
length,  the  wrought  part  of  any  highway  made  suitable 
for  travel  shall  nowhere  be  less  than  8  feet  in  width 
on  each  side  of  the  street  railway  tracks,  measuring  from 
the  outer  rail  where  said  tracks  are  located  in  the  center 
of  the  highway,  and  not  less  than  12  .feet  in  width, 
measuring  from  the  rail  nearest  the  wrought  part  of  the 
highway  where  said  tracks  are  located  on  the  side  of  th6 
highway,  unless  permission  to  reduce  such  width  is  ob- 
tained from  the  Superior  Court  or  a  judge  thereof. 
Nothing  herein  shall  require  any  such  company  to 
change  the  grade  of  any  portion  of  the  highway  upon 
which  its  tracks  are  located,  after  such  location;  but 
whenever  any  such  town,  city,  or  borough  shall  change 
the  grade  of  any  such  highway,  such  company  shall 
temporarily  remove  its  tracks  for  the  purpose  of  such 
change,  and  when  such  change  has  been  completed,  such 
company  shall  conform  the  grade  of  its  tracks  to  the 
newly-established  grade  without  cost  or  expense  to  such 
town,  city,  or  borough. 

Hearing  by  municipal  committee.  §  3825.  Whenever  any 
matter  relating  to  street  railways  is  required  to  be  acted 
upon,  the  warden  and  burgesses  of  any  borough,  or  the 
mayor  and  common  council  of  any  city,  the  hearing 
thereon  may  be  by  themselves  or  by  a  committee, 
either  standing  or  special,  of  such  warden  and  burgesses 
or  mayor  and  common  council,  duly  appointed  for  that 
purpose,  or  by  any  board  connected  with  such  municipal 
government  which  may  be  designated  by  such  warden 
and  burgesses  or  mayor  and  common  council;  and  in 
case  such  hearing  is  by  a  committee  or  board,  the  action 
of  such  warden  and  burgesses  or  mayor  and  common 
council  shall  be  upon  the  report  of  such  committee  or 
board. 

Local  authorities  may  change  orders.  §  3826.  The  town, 
city,  and  borough  authorities  aforesaid,  within  their  re- 
spective jurisdictions,  may  revise  and  change  any  orders 
made  by  them  under  §§  3823  and  3824. 

Orders  relating  to  grade.  §  3827.  No  order  shall  be 
Issued  by  the  selectmen  of  any  town  authorizing  or  re- 
quiring a  change  of  grade  In  any  highway,  or  the  loca- 
tion or  relocation  of  any  railway  tracks  in  a  highway, 
as  authorized  by  §  3824,  except  upon  a  majority  vote  of 
all  the  selectmen  after  a  public  hearing,  of  which  at 
least  five  days'  notice  shall  have  been  given,  with  the 
nature  of  the  proposed  change  and  the  location  of  the 
same  fully  set  forth  therein. 

Selectmen  to  file  orders  for  record — Penalty.  §  3828. 
Whenever  the  selectmen  of  a  town  shall  prescribe  the 
location  of  railway  tracks  in  a  highway,  or  authorize  a 
relocation  of  tracks  already  laid  or  a  change  of  grade 
thereof,  they  shall,  within  10  days  thereafter,  cause  their 
decision  in  regard  thereto  to  be  recorded  in  the  town 
clerk's  office,  and,  if  they  neglect  to  furnish  the  town 
clerk  with  a  written  statement  of  such  decision,  each 
of  the  selectmen  who  voted  in  favor  of  the  same  shall 
be  fined  not  more  than  $100. 

Tracks  not  to  be  laid  until  order  is  lodged  for  record. 
§  3829.  No  street  railway  company  shall  lay  its  tracks 
in  any  highway,  or  make  any  change  in  the  location  of 
its  tracks  already  laid  or  in  the  grade  thereof,  until 
after  the  order  of  the  selectmen  authorizing  the  same 
shall  have  been  lodged  for  record  in  the  town  clerk's 
office.  Any  such  company  may  at  any  time  lodge  any 
such  order  for  record  with  the  town  clerk. 

Commissioners  to  direct  method  of  construction.  §  3830. 
The  railroad  commissioners,  subject  to  the  right  of 
appeal  as  provided  in  §  3834,  shall  have  exclusive  juris- 
diction and  direction  over  the  method  of  construction  or 
reconstruction  in  whole  or  in  part  of  every  street  rail- 
way in  the  State,  the  power  of  designating  the  kind  and 
quality  of  track  to  be  used  and  the  method  of  laying 
the  same,  the  kind,  quality  and  finish  of  all  material, 
tracks,   wires,   poles,   conrtuctors,   fixtures   and   structures 


354 


National  Association  of  Eailway  Commissioners 


to  be  used  in  such  construction,  and  tlie  method  and 
manner  of  applying  motive  power,  and  may  make  all 
orders  necessary  to  the  exercise  of  such  power  and 
direction,  which  orders  shall  be  in  writing  and  recorded 
in  the  records  of  said  commissioners.  Every  company 
operating  any  street  railway  shall,  at  its  own  expense, 
comply  with  and  carry  out  such  orders. 

Orders  on  company's  application.  §  3831.  All  orders  of 
the  railroad  commissioners  provided  for  in  §  3830  shall 
be  made  upon  written  application  of  the  company  de- 
siring to  construct  or  reconstruct  a  street  railway,  after 
a  hearing  had,  upon  such  notice  as  said  commissioners 
shall  deem  reasonable,  to  the  selectmen  of  the  town, 
mayor  of  the  city  or  warden  of  the  borough  within 
which  it  is  proposed  to  construct  such  railway;  and 
said  commissioners  may,  at  any  time,  upon  the  applica- 
tion of  such  company,  after  due  notice .  to  said  municipal 
authorities,  amend  or  change  any  order  passed  as  afore- 
said. 

Company  may  appeal  to  commissioners.  §  3832.  When 
ever  the  warden  and  burgesses  of  any  borough,  the  mayor 
and  common  council  of  any  city  or  the  selectmen  of  any 
town  shall  make  or  render  any  decision,  denial,  order  or 
direction,  with  respect  to  the  location  of  the  tracks  of 
any  street  railway  company  in  any  highway  with  refer- 
ence to  the  center  line  of  such  highway  and  the  grade 
thereof,  and  any  change  proposed  to  be  made  in  such 
.  highway  or  grade  thereof,  or  whenever  any  of  said 
municipal  authorities  shall  make  or  render  any  decision, 
denial,  order  or  direction,  with  respect  to  any  other 
matter  relating  to  street  railways,  any  such  company 
affected  thereby  may  appeal  to  the  railroad  commis- 
sioners from  any  such  decision,  denial,  direction  or 
order,  within  30  days  from  the  service  of  notice  upon 
such  company  of  such  decision,  denial,  direction  or 
order.  Such  appeal  shall  be  by  petition,  and  shall  state 
specifically  the  portion  or  portions  of  such  decision, 
denial,  direction  or  order  appealed  from  and  the  reasons 
of  such  appeal.  Said  commissioners  shall  order  such 
notice  as  they  shall  deem  reasonable  to  be  given  to 
such  municipal  authorities,  of  the  time  and  place  of 
appearance  in  answer  to  such  petition;  and  at  such  time, 
or  as  soon  thereafter  as  said  commissioners  shall  order[ 
such  appeal  shall  be  tried,  and  said  commissioners  shall 
make  such  orders  in  reference  to  the  matters  affected 
by  the  appeal  as  they  may  deem  equitable.  Whenever 
such  warden  and  burgesses,  mayor  and  common  council, 
or  selectmen  shall,  under  the  provisions  of  §  3823,  be 
deemed  to  have  refused  to  approve  and  accept  any  plan 
presented  by  any  street  railway  company  with  refer- 
ence to  any  matter  within  their  jurisdiction,  such  com- 
pany shall  have  a  like  right  of  appeal  to  said  commis- 
sioners, who  shall  have  the  same  powers  with  reference 
thereto  that  said  municipal  authorities  would  have  had 
under  the  provisions  of  §  3823,  and  may  make  all  such 
orders  with  reference  thereto  as  they  may  deem  equitable. 
Commissioners  may  amend  order.  §  3833.  Said  railroad 
commissioners  may  on  application  of  any  street  railway 
company,  with  due  notice  to  adverse  parties,  amend  or 
change  any  ofder  passed  by  them  on  appeal. 

Appeal  to  Superior  Court.  §  3834.  Any  party  to  any 
proceeding  relating  to  street  railways  brought  before 
said  commissioners  upon  either  original  application  or 
by  appeal,  aggrievOT-Ujy  the  decision  or  order  of  said 
commissioners  thereon,  may  appeal  therefrom  to  the 
Superior  Court,  in  the  same  manner  as  is  provided  in 
the  case  of  appeals  taken  under  the  provisions  of  §  3747, 
and  with  like  effect;  and  said  court  may,  upon  applica- 
tion of  such  street  railway  company,  with  due  notice  to 
adverse  parties,  amend  or  change  any  order  passed  by  it  on 
appeal  as  aforesaid. 

Right  of  certain  companies  to  lay  tracks  to  cease. 
§  3835.  In  case  any  street  railway  company,  which, 
since  the  first  day  of  January,  1893,  has  been,  or  here- 
after shall  be,  authorized  by  its  charter,  or  by  an  amend- 
ment thereto,  to  construct  its  railway  in  any  highway, 
has  not  or  shall  not  have  constructed  its  railway  in 
such  highway  on  or  before  the  close  of  the  second  reg- 
ular session  of  the  general  assembly  after  that  at  which 
such  authority  was  or  shall  be  granted,  all  right  of  such 
company  to  lay  its  tracks  in  such  highway  shall  there- 


^ 


1| 


upon  cease;  provided,  however,  that  the  right,  in  any 
highway  or  part  of  a  highway,  of  any  street  railway 
company  under  any  charter  or  amendment  thereto  granted 
prior  to  1893,  if  such  company  has  constructed  part  of 
its  railway  before  said  date,  shall  not  cease  because  of 
the  delay  of  such  company  to  construct  its  railway  in 
such  highway,  if  such  company  shall  construct  its  rail- 
way in  such  highway  within  two  years  from  the  time 
when  the  municipal  authorities  of  the  town,  city  or 
borough  in  which  such  highway  is  located  shall  have 
notified  such  company  so  to  do. 

Failure  to  operate  railway.  §  3836.  If  any  such  com- 
pany shall  discontinue  the  operation  of  its  railway  in 
any  highway  or  portion  of  a  highway,  or,  having  con- 
structed its  railway  thereon,  shall  not  begin  to  operate 
the  same  within  a  reasonable  time  thereafter,  the  mayor 
and  court  or  common  council  of  any  city,  the  selectmen 
of  any  town  or  the  warden  and  burgesses  of  any  bor- 
ough, within  whose  respective  jurisdictions  such  discon- 
tinuance or  failure  to  operate  shall  occur,  may  order 
such  company,  in  writing,  to  operate  such  part  of  iti) 
railway  within  30  days  from  a  date  named  in  such 
order.  On  failure  to  comply  with  said  order,  all  righ", 
of  such  company  to  occupy  such  highway  or  portioi. 
thereof,  or  to  keep  or  operate  its  railway  in  such  high- 
way or  portion  thereof,  shall  cease;  and  such  companj 
shall  Immediately  thereafter  remove  its  tracks  and  fix 
tures  from  such  highway,  and  put  such  highway  or  por 
tion  thereof  in  good  condition  for  public  travel.  Ir 
case  such  company  shall  fail  to  remove  such  tracks  anc 
fixtures  and  put  such  highway  or  portion  thereof  ir 
good  condition  for  public  travel,  such  town,  city  oi 
borough  may  cause  such  tracks  and  fixtures  to  be  re 
moved,  and  such  highway  to  be  put  in  good  condition  foi 
public  travel,  and  may  recover  the  expense  thereof  fro| 
such  company  in  an  action  on  this  statute. 

Company  to  repair  highivay.  §  3837.  Every  such  com 
pany  shall  keep  so  much  of  the  highway  as  is  included 
within  its  tracks,  and  a  space  of  two  feet  on  the  outei 
side  of  the  outer  rails  thereof  in  repair  to  the  satisfac 
tion  of  the  authorities  of  the  city,  town  or  borough,  which 
is  bound  by  law  to  maintain  such  highway.  Such  au- 
thorities shall  not  order  such  company  to  use  any  better 
or  more  expensive  kind  of  pavement  or  material  for 
that  part  of  the  highway,  which  it  is  the  duty  of  such 
company  to  keep  in  repair,  than  is  used  by  the  town 
city  or  borough  upon  the  remaining  width  of  the  high- 
wa;y,  except  for  a  space  of  1  foot  on  each  side  of  each 
rail,  unless  such  better  or  more  expensive  kind  of  pave 
ment  or  material  was  required  in  the  order  permitting 
the  original  location  of  such  railway  on  such  highway 
Such  municipal  authorities  shall  keep  a  record  of  all 
orders  as  to  such  repairs,  and  shall  serve  a  copy  thereol 
upon  such  company,  and  every  such  order  shall  state 
the  time  within  which  repairs  are  to  be  completed,  which 
time  shall  not  be  less  than  30  days  from  the  service 
thereof.  Upon  failure  of  such  company  to  make  thf 
required  repairs  within  the  time  fixed  by  the  order,  such 
repairs  may  be  made  by  the  municipal  authorities  inter- 
ested, and  the  expense  thereof  recovered  from  the  com- 
pany in  an  action  on  this  statute. 

Damage  from  defect  which  company  should  repai 
§  3838.  Any  person  injured  in  person  or  property, 
reason  of  any  defect  in  that  part  of  the  highway  whlc 
any  street  railway  company  is  bound  to  keep  in  repair, 
may  bring  his  action  therefor  against  both  such  coi» 
pany  and  the  town,  city  or  borough  which  is  bound  tc 
keep  such  highway  in  repair,  and  any  judgment  recovered 
in  such  action  shall  run  against  both  of  such  defendants 
Such  company  shall,  however,  pay  such  judgment  and  , 
save  the  other  defendant  harmless  therefrom.  unlesE 
the  court,  or  the  jury,  if  the  case  is  tried  to  the  jury, 
before  whom  the  action  is  tried,  shall  find  that  suet 
defect  was  due  in  whole  or  in  part  to  the  negligence  ol' 
such  city,  town  or  borough,  in  which  case  the  court  or 
the  jury  shall  find  and  adjudge  how  much  of  the  judg- 
ment shall  be  paid  by  the  municipality  without  reim- 
bursement from  such  company.  The  fact  that  such  com- 
pany has  kept  its  part  of  the  highway  in  repair  to  the 
satisfaction  of  the  municipal  authorities  shall  not  operate 
to  shift  the  responsibility  for  injuries  occurring  by  reason 
of  defects  therein  from  such  company  to  the  municipality. 


Ler- 
am-     , 


Public  Service  Laws 


355 


Municipal  liability  limited — Lien.  §  3839.  Such  town, 
city,  or  borough  shall  not  be  liable  tor  the  payment  of 
my  judgment  which,  under  §  3838,  should  be  paid  by 
the  railway  company,  unless,  within  60  days  after  the 
rendition  of  such  judgment,  demand  shall  be  made  upon 
such  town,  city  or  borough  for  such  payment  upon  a  law- 
ful execution.  If  any  town,  city,  or  borough  shall  be 
compelled  to  pay  any  portion  of  any  such  judgment, 
the  first  selectman  of  such  town,  the  mayor  of  such 
city,  or  the  warden  of  such  borough,  shall,  within  30 
iays  after  such  payment,  file  for  record,  in  the  office" 
of  the  town  cJqr^  of  the  town  within  which  such  high- 
way is  situated,  a  certificate  showing  the  court  by  which 
such  judgment  was  rendered,  the  date  of  such  judgment, 
the  amount  paid  by  such  town,  city,  or  borough  and  that 
such  town,  city,  or  borough,  claims  a  lien  upon  the  tracks, 
Bxtures,  and  other  property  of  such  company  situated  in 
such  town,  city  or  borough,  for  the  payment  of  such  sum 
with  lawful  interest.  Such  sum  and  interest  shall  there- 
upon become  a  lien  upon  all  the  tracks,  fixtures,  and 
property  of  such  company  situated  in  such  town,  city, 
or  borough,  and  shall  take  precedence  of  all  other  in- 
cumbrances, and  may  be  enforced  and  collected  in  the 
same  manner  as  tax  liens. 

Transportation  of  merchandise.  §  3840.  Every  such 
company  may  transport  both  persons  and  property,  but 
in  the  transportation  of  property,  other  than  such  small 
packages  and  baggage  as  are  carried  by  passengers,  shall 
be  subject  at  all  times  to  such  regulations  as  may  be 
prescribed  by  the  Superior  Court  or  any  judge  thereof, 
upon  the  application  of  such  company  or  of  any  person 
interested  in  such  transportation,  or  of  any  town,  city,  or 
borough  in  which  such  railway  is  located,  upon  such 
notice  as  said  court  or  judge  shall  deem  reasonable.  Any 
orders  made  by  said  court  or  judge  may  extend  to  and 
control  such  traflBc  over  the  whole  line  of  such  com- 
pany, whether  the  same  be  in  one  county  or  in  more 
than  one,  or  may  be  confined  to  any  part  of  such  rail- 
way. In  the  discretion  of  said  court  or  judge;  and  any 
order  so  made  may,  upon  a  subsequent  application  by 
such  company  or  any  person  interested,  or  by  any  such 
town,  city,  or  borough,  be  modified  or  rescinded  by  said 
court  or  judge,  upon  such  notice  as  said  court  or  judge 
may  direct. 

Regulation  of  speed.  §  3841.*  The  selectmen  of  any 
town,  the  mayor  and  common  council  of  any  city,  or  the 
warden  and  burgesses  of  any  borough,  within  their 
respective  jurisdictions,  shall  have  power  to  pass  suit- 
able regulations  relating  to  the  speed  at  which  any  such 
company  may  run  its  cars  upon  any  highway,  and  may 
alter  and  amend  the  same  at  pleasure,  and  from  such 
regulations  there  shall  be  no  appeal;  but  none  of  such 
authorities  shall,  by  such  regulations,  authorize  or  per- 
mit such  cars  to  be  run  upon  any  highway  at  any  greater 
rate  of  speed  than  fifteen  miles  per  hour. 

Cars  to  stop  at  drawbridge — Penalty.  §  3842.  All  cars 
of  any  street  railway  company  shall  be  brought  to  a  full 
stop  at  a  distance  of  not  less  than  150  feet,  nor  more 
than  200  feet,  from  the  draw  in  every  drawbridge  upon 
the  line  of  its  road  over  which  such  cars  are  to  run, 
before  being  run  upon  or  over  such  draw,  and  such  cars 
shall  remain  at  a  full  stop  until  such  draw  is  closed  and 
securely  fastened.  Every  person  directing  or  operating 
any  street  railway  car,  who  shall  violate  the  provisions 
of  this  section,  shall  be  fined  not  more  than  $100  or  be 
imprisoned  not  more  than  three  months;  and  the  presi- 
dent and  directors  of  any  street  railway  company,  who 
shall  knowingly  permit  any  violation  of  the  provisions 
of  this  section,  shall  be  fined  $500. 

Appeal  ly  adjoining  owner.  §  3843.  Whenever  the 
warden  and  burgesses  of  any  borough,  the  mayor  and 
common  council  of  any  city,  or  the  selectmen  of  any 
town,  shall  determine  the  location  of  the  track  of  any 
street  railway  as  to  grade  or  the  center  line  of  the  high- 
way through  which  the  same  passes,  any  owner  of  land 
fronting  on  such  highway,  aggrieved  by  the  location  of 
said  track  or  tracks  as  to  grade  or  the  center  line  of  the 
highway  in  front  of  the  premises  owned  by  him,  may 
appeal  to  the  railroad  commissioners  from  the  decision, 
direction,  or  order  locating  such  track  or  tracks,  wlthrn 


♦Section   3841.    This   section   does   not  fix  speed,   but 
restricts  municipal  action.    68  Connecticut,  475. 


30  days  after  the  making  of  said  decision,  direction,  or 
order.  Said  appeal  shall  be  taken  in  the  same  manne? 
and  proceeded  with  in  all  respects  as  provided  for  in 
§  3832  for  appeals  of  street  railway  companies,  except 
that  said  commissioners  shall  order  a  notice  to  be 
given  to  the  street  railway  company  similar  to  that  re- 
quired in  said  section  to  be  given  to  municipal  authori- 
ties. 

Company  may  purchase  land  for  layout.  §  3844.  Any 
street  railway  company  organized  under  the  laws  of  this 
State,  with  power  to  build  and  operate  its  railway  in 
any  highway,  shall  have  power  to  purchase  land,  to 
enable  such  company,  in  the  building  and  operation  of 
its  railway,  to  avoid  heavy  or  inconvenient  grades,  or 
to  render  the  operation  of  such  railway  more  feasible 
and  advantageous;  and  may  construct  and  operate  its 
railway  over  land  so  purchased;  provided,  that  such 
company  shall  not  by  so  doing  substantially  change  the 
course  and  direction  of  its  railway. 

Passenger  car  regulations.  §  3845.  All  such  companies 
may  make  and  enforce  reasonable  regulations  concern- 
ing the  kind  and  size  of  packages  and  baggage  which 
may  be  brought  into  passenger  cars,  and  concerning  the 
use  of  seats  and  passageways  in  cars. 

Building  of  parallel  roads  regulated.  §  3846.*  No  street 
railway  shall  be  built  or  extended  from  one  to  another 
In  the  highway  so  as  to  parallel  any  other  street  railway 
or  any  railroad,  unless  authorized  by  special  charter 
prior  to  January  1,  1893,  or  by  the  Superior  Court  or  a 
judge  thereof,  after  an  application  and  finding  in  the 
manner  hereinafter  provided,  that  public  convenience 
and  necessity  require  the  building  of  such  railway,  nor 
shall  any  street  railway  be  built  or  extended  under  tffe 
provisions  of  any  charter  or  amendment  of  a  charter 
granted  after  the  close  of  the  session  of  the  general 
assembly  of  1897,  so  as  to  parallel  any  other  street 
railway  in  any  town,  or  any  railroad  in  any  town  except 
within  the  limits  of  a  city,  until  the  company  desiring 
to  build  or  extend  its  railway  shall  have  applied  to  the 
Superior  Court  or  a  judge  thereof,  and  obtained,  in  the 
manner  hereinafter  provided,  a  finding  that  public  con- 
venience and  necessity  require  the  construction  of  such 
railway.  Any  company  Intending  to  build  or  extend 
such  railway  shall  make  an  application  to  the  Superior 
Court  or  a  judge  thereof  for  a  finding  that  public  con- 
venience and  necessity  require  the  construction  of  such  , 
railway;  and  such  court  or  judge  shall  thereupon  fix  a 
time  and  place  to  hear  such  application,  and  shall  cause 
notice  to  be  served,  at  least  12  days  before  the  day  of 
hearing,  upon  any  railroad  company  or  companies  and 
any  street  company  or  companies  that  may  be  affected 
by  the  construction  of  such  road,  and  upon  the  selectmen 
of  any  town,  the  mayor  of  any  city,  or  the  warden  and 
burgesses  of  any  borough  within  whose  limits  it  is  pro- 
posed to  build  such  railway.  Such  court  or  judge  shall 
hear  the  parties  and  determine  whether  public  con- 
venience and  necessity  require  the  construction  of  such 
railway,  in  whole  or  in  part,  and  the  decision  of  such 
court  or  judge  shall  be  final  and  conclusive  upon  the 
parties. 

Maps  of  r.ailways — Penalty.  §  3847.  Every  company 
owning  or  operating  a  street  railway,  wholly  or  in  part 
within  the  limits  of  this  State,  shall,  on  or  before  the 
thirtieth  day  of  September  in  each  year,  file  in  the 
office  of  the  railroad  commissioners  a  map  or  plan  of  all 
railways  constructed  by  it  during  the  year  ending  on  the 
thirtieth  day  of  June  next  preceding.  Said  map  or  plan 
shall  be  drawn  upon  sheets  of  the  State  topographical 
map  of  Connecticut,  or,  if  required  by  said  commissioners, 
upon  such  other  map  as  they  shall  designate;  and  the 
single  track  lines  operated  by  such  company  shall  be 
shown  thereon  by  black  lines,  and  double  track  lines 
operated  shall  be  shown  by  red  lines.  Said  maps  or 
plans  shall  in  all  cases  be  drawn  to  the  approval  of  said 
commissioners,  and  they  shall  furnish  the  sheets  of  said 
State  topographical  map  at  cost  to  all  street  railway  com- 
panies applying  for  the  same.  The  railroad  commission- 
ers shall  make  or  cause  to  be  made  a  general  map  or 
atlas  of  the  State  from  the  maps  or  plans  required  to  be 
filed  by  said  companies  as  aforesaid,  showing  thereon 
all  street  railway  lines  as  the  same  shall  appear  upon 
the  maps  or  plans  so  filed,  and  shall,  from  time  to  time, 
revise  such  map  or  atlas  so  that  it  shall  show  all  lines 


356 


National  Association  of  Railway  Commissioneiis 


of  street  railway  in  operation  in  this  State.  Such  map 
or  atlas  shall  be  kept  in  the  office  of  the  commissioners. 
Every  corporation  violating  the  provisions  of  this  section 
shall  forfeit  to  the  State  $50  for  each  such  violation. 

♦Section  3846.  Parallel  railway  partly  within  and  partly 
without  highway  is  affected  by  this  section  (69  Connecti- 
cut 47).  Financial  ability  of  company  to  build  railway 
properly  considered  in  determining  public  necessity; 
decision  of  court  or  judge  final,  unless  jurisdiction  is 
exceeded  or  essentials  of  procedure  violated.  69  Con- 
necticut 626. 

Bonds  and  mortgages  —  Foreclosure.  §  3848.  Every 
street  railway  company  may  borrow  money  and  issue 
therefor  its  bonds  signed  by  its  president  and  treasurer. 
Before  being  issued  such  bonds  shall  be  registered  in  the 
office  of  the  comptroller,  and  a  certificate  of  such  regis- 
tration shall  appear  on  each  bond;  and  the  comptroller 
shall  cancel  any  bonds  so  registered  which  may  be 
brought  to  him  for  cancellation,  and  enter  said  act  of 
conceling  in  his  register.  No  such  company  shall  issue 
any  bonds  of  a  less  denomination  than  $100,  or  have 
bonds  outstanding  at  any  one  time  to  a  greater  amount 
than  75  per  cent  of  the  actual  cost  of  the  construction 
and  equipment  of  its  railway,  which  actual  cost  its 
president,  treasurer,  and  a  civil  engineer  approved  by 
the  comptroller  shall  certify  under  oath  has  been  actually 
expended  in  the  construction  and  equipment  of  its  rail- 
way, and  false  swearing  in  the  matter  shall  be  perjury. 
No  such  company,  unless  specially  authorized  by  the 
general  assembly,  shall  issue  bonds  except  in  accordance 
with  the  provisions  of  this  section.  Bonds  issued  under 
the  provisions  of  this  section  may  be  secured  by  a  mort- 
gage of  the  property  of  the  company  issuing  the  same, 
by  a  deed  duly  executed  by  its  president  under  its  corpo- 
rate seal,  to  the  treasurer  of  the  State  and  his  successors 
in  office,  in  trust,  for  the  holders  of  such  bonds,  and 
recorded  in  the  office  of  the  secretary  of  State;  and  such 
mortgage  shall  secure  equally  all  such  bonds  as  may 
be  issued  from  time  to  time  to  the  full  amount  specified 
in  such  mortgage.  The  provisions  of  §§  3806,  3807,  3810, 
3811,  3812,  3813,  3814,  and  3816,  concerning  the  fore- 
closure of  mortgages  of  railroad  companies  shall  apply 
to  any  mortgages  or  bonds  issued  by  street  railway  com- 
panies. No  street,  cable,  or  electric  railway  company, 
chartered  after  the  close  of  the  session  of  the  general 
assembly  of  1895,  shall  issue  its  bonds  under  the  pro- 
'  visions  of  this  section  In  excess  of  50  per  cent  of  the 
actual  cost  of  the  construction  and  equipment  of  its  rail- 
way. The  comptroller  shall  not  permit  any  bond  Issued 
in  violation  of  any  provisions  of  this  section  to  be 
registered  in  his  office. 

Rights  of  trustees  and  others  after  foreclosure.  §  3849. 
When  the  trustees  for  any  mortgage  bondholders  of  any 
such  company  shall  take  possession  of  the  property  of 
the  same  under  a  decree  of  foreclosure,  or  when  the 
mortgage  bondholders  shall  take  possession  either  as 
such  bondholders  or  as  stockholders,  upon  a  reorganiza- 
tion of  such  company,  such  trustees,  bondholders,  or 
stockholders  shall  succeed  to  and  enjoy  all  the  rights, 
privileges,  immunities,  and  franchises  that  were  or  might 
have  been  enjoyed  by  the  original  stockholders  or  com- 
pany. 

Court  may  order  sale.  §  3850.  When  the  trustees  for 
any  mortgage  bondholders  of  any  such  company  shall 
take  possession  of  its  property  under  a  decree  of  fore- 
closure, and  all  the  rights,  privileges.  Immunities,  and 
franchises  shall  have  become  vested  thereby  in  the 
trustees,  as  provided  by  §  3849,  the  court  in  which  such 
foreclosure  is  pending  may  authorize  and  empower  such 
trustees,  or  their  lawful  agent,  to  sell  and  convey,  all  and 
singular,  the  said  property,  rights,  privileges,  immunities 
and  franchises  which  were  or  might  have  been  enjoyed 
by  the  original  stockholders  or  corporation,  in  such  man- 
ner as  said  court  may  order;  and  by  virtue  of  the 
mortgage  of  all  the  property  of  such  corporation  and  of 
such  foreclosure  and  sale,  the  said  property,  rights, 
privileges,  immunities,  and  franchises,  all  and  singular, 
shall  pass  to  and  become  vested  in  the  purchaser  or  pur- 
chasers of  said  property,  who  shall  have  full  power  to 
reorganize  such  corporation. 

Rights  and  liabilities  of  reorganized  corporation.  §  3851. 
The  capital  stock  and  the  par  value  of  the  shares  of 
Buch    reorganized    corporation    shall    be    the    same    as 


authorized  in  the  original  act  of  incorporation,  and  such 
reorganized  corporation  shall  secceed  to  and  enjoy  all 
the  rights,  privileges,  immunities  and  franchises  which 
were  or  might  have  been  enjoyed  by  the  original  stock- 
holders or  corporation,  and  shall  be  subject  in  all  re- 
spects to  the  provisions  of  said  Act  and  any  amend- 
ments thereto. 

Certificate  of  reorganization  to  6e  filed.  §  3852.  Within 
30  days  after  the  date  of  such  reorganization,  the  persons 
so  reorganizing  such  corporation,  their  grantees  or  as- 
signs, or  a  majority  of  them,  shall  file  in  the  office  of 
the  secretary  of  State  a  certificate  under  their  hands  and 
seals,  duly  acknowledged,  setting  forth  the  name  of  the 
corporation  whose  rights,  privileges,  and  franchises  have 
been  acquired,  and  referring  to  the  Acts  of  the  general 
assembly  under  which  the  original  organization  was  and 
the  reorganization  has  been  made;  the  name  of  the  court 
by  authority  of  which  said  sale  was  made,  and  the  date 
of  the  judgment  or  decree;  the  amount  of  the  capital 
stock,  and  the  number  of  shares  into  which  the  same 
has  been  divided;  the  owners  of  such  shares  at  the  date 
of  filing  said  certificate,  and  the  names  and  residences 
of  the  directors  of  such  reorganized  corporation.  In  caise 
such  certificate  shall  not  be  filed  in  manner  and  form 
as  aforesaid,  said  proceedings  for  reorganization  shall 
be  void. 

Use  of  tracks  by  another  company.  §  3853.  When  tvi  o 
or  more  street  railway  companies  are  operating  in  tl  e 
same  city  or  town,  upon  application  of  any  one  of  such 
companies,  the  Superior  Court  or  any  judge  thereof  ma', 
in  its  or  his  discretion,  whenever  public  convenience  and 
necessity  require,  authorize  such  company  to  run  iis 
cars  over  the  tracks  of  any  other  of  such  companies  ft  r 
a  distance  not  exceeding  %  mile;  and  in  case  the  only 
approach  to  any  city  or  town  upon  a  particular  side  is 
by  means  of  a  bridge  or  causeway,  or  both,  for  a  greatt  r 
distance  than  %  mile,  such  court  or  judge  may  authoriz  i 
any  suburban  railway  company  whose  railway  approaches 
such  city  or  town  upon  such  side,  to  use  the  tracks  <  f 
any  other  company  crossing  such  bridge  or  causeway,  cr 
both,  from  the  place  where  such  railways  meet  to  som  > 
central  point  in  such  city  or  town,  upon  such  terms  a  i 
to  manner  of  use,  and  upon  the  payment  of  such  con  - 
pensation,  as  such  eourt  or  judge  may  deem  just;  an! 
such  court  or  judge  may  change  or  revoke  such  author  - 
zation  upon  the  application  of  either  company.  No  sue  i 
company  shall  be  allowed  to  use  the  tracks  of  anothe  • 
company,  unless  the  length  of  track  actually  owned  an  1 
operated  by  the  first  company  exceeds  the  length 
track  to  be  so  used. 

Directors  to  be  residents  of  state.     §  3854.    A  major 
of    the    directors    of    every    company    operating    a    stree : 
railway  in  this  State  shall  be  residents  of  this  State. 

Steam  not  to  be  used.    §  3855.    No  street  railway  compan: 
shall  use  steam  for  motive  power. 

Removal  of  snow  regulated.  §  3856.  No  such  companj . 
having  a  track  in  any  highway  within  the  corporate 
limits  of  any  city,  shall  remove  snow  from  said  track, 
if  it  Is  of  sufficient  depth  to  allow  vehicles  to  pass  ove  • 
the  road  on  runners;  without  the  written  consent  of  th-; 
mayor  of  the  city. 

Removal  of  snow  from  tracks  in  New  Haven  and  Fait- 
field  counties.  §  3957.  Any  such  company  having  a  track 
in  New  Haven  or  Fairfield  county  may  remove  snow  fron; 
it;  but  the  authorities  having  control  of  the  highways  on 
which  any  such  track  is  shall  determine  the  manne  • 
in  which  such  removal  shall  be  made.  When  the  snov 
shall  be  removed  from  any  part  of  the  track  by  carting, 
the  city  or  borough,  if  any,  otherwise  the  town.  In  which 
such  part  lies,  shall  pay  half  of  the  expense  thereof  to 
such  company. 

Disposition  of  snow  regulated.    §  3858.     No  street  rail- 
way company  shall  allow  any  snow  so  removed  from  itis 
tracks  to  be  placed  upon  any  sidewalk  or  paved  guttg 
or  where  it  obstructs  or  endangers  public  travel. 

Articles  of  decomposing  nature  not  to  be  used  to  mi 
snow.    §  3859.    No  such  company  shall  sprinkle  any  articlu  ' 
of  a  decomposing  nature  on  its  tracks,  or  wash  them  with 
brine   or   pickle,   for   the   purpose   of   melting   the   snow 
thereon,  without  written  permission  from  the  first  select- 
man of  the  town,  the  mayor  of  the  city,  or  the  warden    , 
of  the  borough  in  which  such  track  is  located.  i 


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Public  Seevice  Laws 


357 


Penalty  for  wrongful  use  of  tracks.  §  3860.  Every  per- 
son who  shall,  without  the  consent  of  such  company, 
use  upon  any  street  railway  any  vehicle  with  run- 
ning gear  fitted  for  the  tracit  of  such  road,  and  different 
from  vehicles  ordinarily  used  on  highways,  for  the  pur- 
pose of  conveying  passengers  for  hire  upon  the  track 
of  such  road,  shall  be  fined  not  more  than  $100  or 
imprisoned   not   more   than   three   months,   or   both. 

Application  of  chapter  restricted  —  Highivay  includes 
bridge.  §  3851.  The  provisions  of  this  chapter  relating  to 
the  powers  ofjiiunicipal  authorities  over  street  railways 
shall  apply  only  to  such  portions  of  such  railways  as  are 
constructed  upon,  over,  or  through  any  highway.  The 
term  highway,  as  used  in  this  chapter,  includes  and 
covers  the  terms  street  and  bridge. 

Grade  crossings  prohibited.  §  3862.  No  electric,  cable 
or  horse  railway  shall  be  constructed  across  the  tracks 
of  any  steam  railroad  at  grade. 

Removal  of  grade  crossing.  §  3863.  Any  street  railway 
company  which  has  power  to  lay  its  tracks  in  any  high- 
way which  crosses  a  steam  railroad  at  grade,  but  has  no 
power  to  lay  its  tracks  across  the  track  of  such  steam 
railroad  at  grade  in  such  highway,  or  any  street  railway 
company  whose  tracks  cross  the  track  of  such  crossing 
in  the  manner  specified  in  §  3713  for  municipal  authori- 
ties, and  the  railroad  commissioners  shall  proceed  upon 
such  petition  in  the  same  manner  and  with  the  same 
powers  as  provided  in  §  3713  in  the  case  of  petitions 
brought  by  such  municipal  authorities. 

Commissioners  map  apportion  expenses.  §  3864.  In 
proceedings  taken  under  any  of  the  provisions  of  §  §  3713, 
3714  and  3716,  or  of  §  §  3863,  3865,  and  this  section,  if  any 
changes  or  removals  shall  be  ordered,  the  railroad  commis- 
sioners, or  the  Superior  Court  on  appeal,  may  order  such 
amount  as  they  deem  proper  of  the  whole  expense  of  such 
changes  or  removals  to  be  paid  by  any  street  railway  com- 
pany coming  under  the  description  of  §3863;  provided,  that 
in  case  any  such  street  railway  company  shall  not  be  the 
petitioner,  and  furthermore,  shall  not  have  laid  its  tracks 
in  the  highway  on  both  sides  of  the  track  of  the  steam  rail- 
road crossed  by  such  highway,  said  commissioners,  or  the 
Superior  Court  on  appeal,  shall  order  said  expense  to  be 
paid  in  the  first  instance  by  other  parties  to  the  proceed- 
ings before  them,  and  shall  order  such  street  railway  com- 
pany to  pay,  in  the  manner  and  the  proportion  to  be 
designated,  to  the  parties  paying  said  expense  in  the  first 
instance,  such  amount  of  said  expense,  to  be  assessed  in 
said  order,  as  they  shall  deem  proper,  whenever  such  com- 
pany shall  lay  its  tracks  at  such  crossing,  across,  over,  or 
under  the  tracks  of  such  steam  railroad.  Such  street 
railway  company  shall  not  commence  to  build  its  railway 
across,  over,  or  under  the  tracks  of  the  steam  railroad  at 
such  crossing,  until  it  shall  have  paid  such  amount  in  ac- 
cordance with  said  order.  No  greater  proportion  of  said 
expense  shall  be  ordered  to  be  paid  by  any  town,  city  or 
borough  under  the  authority  of  §  §  3863,  3865  and  this 
section,  than  the  proportion  named  in  §  §  3713  and  3714. 

Appeal.  §  3865.  The  provisions  of  §  3747  in  relation  to 
appeals  shall  apply  to  any  decision  of  the  railroad  commis- 
sioners under  the  authority  of  §  §  3863  and  3864.  Any 
street  railway  company  coming  within  the  description  of 
any  clause  of  §  3863  shall  be  made  a  party  to  any  proceed- 
ing before  the  railroad  commissioners,  or  before  the 
Superior  Court  on  appeal,  for  the  change  or  alteration  of 
any  highway  crossing  a  steam  railroad  at  grade,  or  for  the 
removal  of  such  grade  crossing,  upon  motion  of  any  party 
to  such  proceeding. 

Commissioners  to  prescribe  manner  of  crossing.  §  3866. 
When  the  tracks  of  any  street  railway  and  of  any  steam 
railroad  legally  cross  at  grade,  the  railroad  commissioners, 
upon  the  written  application  of  the  corporation  or  person 
operating  such  street  railway  or  such  steam  railroad,  may, 
in  case  said  parties  cannot  agree,  order  such  crossing  to 
be  made  by  means  of  frogs  of  such  kind  as  the  commis- 
sioners shall  require.  Such  orders  shall  be  made  after 
reasonable  notice  to  both  parties  to  appear  and  be  heard, 
and  shall  prescribe  the  time  within  which,  and  by  whom, 
and  in  what  manner,  such  order  shall  be  executed.  The 
commissioners  may,  from  time  to  time,  upon  notice  as 
aforesaid,  make  further  orders  as  to  the  repair,  renewal 
and  maintenance  of  such  crossing.  When  the  railroad 
commissioners  deem  that  public  safety  requires,  they  may 
without  application  to  them,  make  and  cause  to  be  exe- 


cuted such  orders  regarding  grade  crossings  of  street  rail- 
ways and  steam  railroads  as  are  provided  for  in  this 
section. 

Payment  of  expense — Mandamus.  §  3867.  The  expense 
caused  by  the  execution  of  such  order  or  orders  shall  be 
paid  by  the  corporation  or  person  operating  the  railroad 
or  railway  last  constructed  at  such  crossing,  and  such 
corporation  or  person  shall  also  maintain  the  same.  Any 
such  order  may  be  enforced  by  mandamus,  and  the  cost 
of  such  mandamus  proceedings  shall  be  taxed  against  the 
party  refusing  to  obey  such  order. 

Maintenance  of  planks  on  bridges.  §  3868.  Where  any 
street  railway  is  constructed  upon  a  highway  bridge  over 
the  tracks  of  any  steam  railroad  the  company  owning  such 
street  railway  shall  keep  in  repair  so  much  of  the  plank- 
ing of  such  bridge  as  is  included  within  its  tracks,  and 
the  planking  upon  the  space  between  its  tracks. 

Commissioners  may  order  platforms  to  be  inclosed. 
§  3869.  When  the  railroad  commissioners  deem  it  neces- 
sary, in  the  interests  of  the  public,  or  of  the  employes 
concerned,  that  the  platforms  of  any  or  all  of  the  cars 
operated  loy  any  street  railway  company  should  be  pro- 
tected by  gates  or  vestibules,  or  that  fenders  should  be 
placed  upon  such  cars,  said  commissioners  may  order  the 
company  operating  such  ■  cars  to  inclose  the  platforms 
thereon  with  gates  or  vestibules,  or  both,  or  to  place  fen- 
ders upon  such  cars,  of  such  kind  and  in  such  manner 
as  they  may  deem  necessary  and  proper,  first  giving  such 
company  reasonable  notice  to  appear  and  be  heard,  and 
may,  after  similar  notice,  modify  or  revoke  any  such  or- 
der. The  commissioners  shall  have  sole  and  exclusive 
jurisdiction  over  the  inclosing  of  such  platforms  and  the 
placing  of  fenders  on  such  cars,  but  nothing  in  this  sec- 
tion shall  prevent  any  such  company  from  inclosing  its 
platforms  or  placing  fenders  on  its  cars  without  such 
order. 

Penalty.  §  3870.  Any  company  operating  suclf  car  or 
cars  which  shall  neglect  or  refuse  to  comply  with  any  order 
relating  to  platforms  made  pursuant  to  §  3869  shall  forfeit 
to  the  state  |25  for  each  day  of  such  neglect  or  refusal. 

Guard  rails  on  bridges.  §  3871.  Where  the  tracks  of 
any  street  railway  company  cross  any  bridge  or  causeway 
the  railroad  commissioners  shall  have  the  same  powers 
with  reference  to  the  placing  of  guard  rails  thereon  as 
are  provided  in  §3896  for  the  placing  of  guard  rails  on  the 
bridges  of  steam  railroads. 

Returns  to  commissioners.  §  3872.  All  companies,  trus- 
tees or  receivers  operating  street  railways  in  this  state 
shall,  on  or  before  the  fifteenth  day  of  September  in  each 
year,  make  a  return  to  the  railroad  commissioners  in  such 
form  as  they  shall  prescribe.  Such  form  shall  substantially 
follow  the  form  required  by  the  interstate  commerce  com- 
mission for  steam  railroads,  as  far  as  such  form  is  ap- 
plicable to  the  business  and  affairs  of  street  railway  com- 
panies, with  such  additional  matters  as  shall  render  said 
return  as  complete,  as  to  the  business,  property  and  af- 
fairs of  such  companies,  as  the  return  required  from  steam 
railroad  companies  under  the  provisions  of  §  3819.  Said 
return  shall  be  for  the  fiscal  year  ending  the  thirtieth  day 
of  June  next  preceding,  and  shall  be  signed  and  sworn  to 
by  the  president  and  treasurer  of  the  company  or  by  a 
majority  of  the  trustees  or  receivers  making  the  same. 
The  commissioners  shall  annually,  on  or  hefore  said  thir- 
tieth day  of  June  furnish  such  companies,  trustees  or  re- 
ceivers with  duplicate  blank  forms  which  shall  conform 
to  the  requirements  of  this  section.  The  provisions  of 
§  §  3820  and  2821  shall  apply  to  street  railway  companies. 
Said  returns  shall  be  published  annually  by  the  commis- 
sioners in  their  report,  and  the  expense  of  such  publica- 
tion shall  be  paid  in  the  manner  provided  by  §  3882. 

Penalty  for  neglect  to  Tnake  returns.  §  3873.  Every 
company  whose  president  and  treasurer  or  trustees  or  re- 
ceivers shall  refuse  or  neglect  to  make  such  returns  shall 
forfeit  to  the  state  $25  for  each  day  of  such  neglect  or  re- 
fusal, and  the  commissioners  shall  report  such  forfeiture 
to  the  state  treasurer.  The  books  of  every  such  company 
shall  at  all  times  be  open, to  the  inspection  of  any  com- 
mittee of  the  general  assembly  appointed  to  make  such  in- 
spection. 

Apportionment  of  cost — Forfeiture.  §  3874.  Every  such 
company  which  has  not  apportioned  the  cost  of  its  roads, 
equipment  and  permanent  improvements  strictly  accord- 
ing  to    the    form    prescribed   pursuant    to    §  3873    by    the 


358 


National  Association  of  Railway  Commissioners 


railroad  ecnimissioners  under  the  head  of  "Cost  of  road, 
equipment  and  permanent  improvements"  shall  cause 
such  apportionment  to  be  made,  if  the  same  be  prac- 
ticable, to  the  approval  of  said  commissioners,  in  the 
annual  returns  hereafter  filed  by  such  company.  In 
case  any  such  company  has  built  or  shall  hereafter  build 
Its  road  or  any  portion  thereof  by  contract,  or  has  pur- 
chased or  shall  purchase  its  road  or  any  portion  thereof 
already  constructed,  such  company  shall  cause  the  con- 
tract or  purchase  price  thereof  to  be  apportioned  as 
above  provided,  if  such  contract  for  building  or  agree- 
ment to  purchase  is  so  apportioned.  Every  such  com- 
pany failing  to  comply  with  the  provisions  of  this  section 
shall   forfeit  to   the   State   $1,000. 

Sunday  laws  not  applicable  to  electric  cars.  §  3875.  No 
law  affecting  travel,  business  or  labor  on  Sunday,  or  the 
operation  on  Sunday  of  any  railroad  or  railway,  shall, 
apply  to  any  railroad  company  or  street  railway  company 
so  as  to  prohibit  or  limit  the  operation  on  Sunday  of 
electric  cars. 

Placing  obstructions  on  railroads.  §  1182.  Every  per- 
son who  shall  wilfully  place  any  obstruction  upon  any 
railroad,  or  who  shall  loosen,  tear  up  or  remove  any 
part  of  a  railroad,  shall  be  ,  imprisoned  in  the  State 
prison  not  more  than  10  years;  and  if  he  shall  do  the 
same  with  intent  to  throw  any  locomotive  or  car  from 
the  track  of  such  railroad,  or  to  obstruct  any  car  in 
motion,  he  shall  be  imprisoned  in  such  prison  not  more 
than  30  years. 

Explosives  intended  for  injury  of  person  or  property. 
S  1183.  Every  person  who  shall  manufacture,  trans- 
port, have,  or  dispose  of,  any  explosive  material  or 
compound,  knowing,  intending  or  having  reason  to  be- 
lieve that  the  same  is  to  be  used  for  the  injury  of  any 
person  or  property,  at  any  place  whatsoever,  and  every 
person  'who  shall,  directly  or  indirectly,  encourage  prompt 
to,  or  advocate  any  such  use  of  any  explosive  material 
or  compound,  or  solicit,  or  contribute  money  for  any 
such  purpose,  and  every  person  who  shall  wilfully  cause, 
or  attempt  to  cause,  any  injury  to  person  or  property, 
by  the  use  of  any  explosive  compound,  shall  be  fined 
not  more  than  $5,000,  and  imprisoned  not  more  than 
20  years. 

Displacement  of  switches  or  injury  to  signals  on  rail- 
roads. §  1184.  Every  person  who  shall  wilfully  displace 
any  switch  upon  any  railroad,  or  injure  or  destroy  any 
electric  signal  in  use  thereon,  or  any  material  or  prop- 
erty appertaining  thereto,  or  who  shall  interrupt  the  use 
of  any  wire,  lever,  pin  or  battery,  used  to  operate  such 
signal,  or  its  connection  therewith,  shall  be  fined  not 
more  than  $1,000,  and  imprisoned  in  the  State  prison 
not  more  than  10  years. 

Breaking  and  entering  railroad  car  for  criminal  purpose. 
%  1199.  Any  person  who  shall  at  any  time  break  and 
enter  any  railroad  car,  with  intent  to  commit  a  crime 
therein,  shall  be  imprisoned  not  more  than  10  years. 

Wilful  injury  to  cars  or  engines.  §  1234.  Every  person 
who  shall  wilfully  injury  any  engine  or  car  used  upon 
any  railroad,  or  any  car  used  upon  any  street  railway, 
shall  be  fined  not  more  than  $150  or  imprisoned  not 
more  than  one  year,  or  both. 

Nuisances  on  railroad  tracks  or  in  depots.  §1235.  Every 
person  who  shall  cast,  empty  or  discharge,  or  permit 
to  be  cast,  emptied  or  discharged,  any  filth,  rubbish, 
foul  or  offensive  wash  or  water,  or  the  contents  of  any 
privy,  vault,  cess-pool  or  sewer,  upon  or  into  any  rail- 
road or  railroad  depot  in  any  city,  shall  be  fined  not 
more  than  $50,  half  of  which  shall  be  paid,  by  order  of 
court,  to  the  person  furnishing  to  the  proper  officer 
information  that  leads  to  a  conviction. 

Nuisances  on  railroad  bridges.  §  1236.  Every  person 
who  shall  commit  any  nuisance  in  or  upon  any  railroad 
Tsridge  shall  be  fined  not  more  than  $7  or  imprisoned  not 
more  than   30  days,  or  both. 

Injury  to  property  of  and  trespass  by  electric  companies. 
§  1239.  Every  person  who  shall  unlawfully  and  inten- 
tionally injure  or  destroy  any  of  the  lines,  posts,  piers, 
abutments  or  fixtures  of  any  kind,  or  the  material  or 
property  belonging  thereto,  of  any  telegraph,  telephone, 
electric    light    or    power    company,    or    shall    wilfully    or 


recklessly  interrupt  the  use  of  the  wires  or  other  con 
ductors  of  any  such  company,  without  first  giving  notice 
to  such  company  as  required  by  law;  and  every  i>erson 
who  shall  place  any  telegraph,  telephone,  electric  light 
or  power  fixtures  or  structures  of  any  kind  over,  upon 
or  under  any  highway  or  public  ground,  without  the 
consent  of  the  adjoining  proprietors  or  the  consent  of 
two  county  commissioners,  as  provided  by  law,  or  shall 
wilfully  injure  any  tree  in  such  highway  or  public 
grounds  for  any  purpose  connected  with  the  erection  or 
maintenance  of  any  telegraph,  telephone,  or  electric 
light  or  power  wires  or  fixtures,  without  the  consent 
of  the  adjoining  proprietor,  shall  be  fined  not  more  than 
$200  or  imprisoned  in  a  jail  not  more  than  one  year, 
or  both. 

Tapping  telegraph  or  telephone  wire.  §  1240.  Every 
person  who  shall  make  a  connection,  by  wire  or  other- 
wise, with  any  telegraph  or  telephone  wire,  not  owned 
or  leased  by  him,  for  the  purpose  of  obtaining  informa- 
tion or  listening  to  the  transmission  of  telegraphic  din 
patches  or  telephone  messages  to  which  he  is  not  eii' 
titled,  shall  be  fined  not  more  than  $500. 

Wilful  injury  to  electric  railway  appliances.  §  1  _ 
Every  person  who  wilfully  and  unlawfully  displaces,  « 
moves,  cuts,  injures  or  destroys  any  wire,  insulator,  pole, 
dynamo  or  motor  attached,  appertaining  to,  or  connecte  1 
with,  any  railroad  or  street  railway  operated  by  ele<- 
tricity,  shall  be  fined  not  more  than  $500  or  imprisone  1 
not   more   than   three  years. 


I 


eii-  , 

4 


CHAPTER  89. 


II 


Gaming  on  public  conveyances.  §  1388.  Every  persi 
who  shall  play  at  any  game,  for  any  valuable  thing,  o  • 
shall  solicit  another  to  do  the  same,  upon  any  publi ; 
conveyance,  and  every  person  who  shall  win  or  lose  an;  • 
valuable  thing  by  so  playing,  or  betting  on  such  plaj . 
or  by  sharing  in  any  stake  or  wager  of  others,  who  8<> 
bet  or  play,  shall  be  fined  not  more  than  $200  and  im- 
prisoned not  more  than  six  months. 

Fraudulent  evasion  of  payment  of  fare.  §  1428.  Ever, 
person  who  shall  fraudulently  evade  or  attempt  to  evad 
the  payment  of  the  lawful  fare  for  his  conveyance  i) 
any  electric  or  street  railway  car,  or  for  the  use  o 
any  public  hack,  carriage  or  express  wagon,  shall  b' 
fined  not  more  than  $7,  or  imprisoned  not  more  than  3  - 
days,  or  both. 

Fraudulent  issue  and  use  of  transfer  ticket  upon  publi  ■ 
conveyance.  §  1429.  Every  conductor  of  a  street  railwa: 
car  or  other  public  conveyance,  and  every  other  persoi. 
whose  duty  it  is  to  collect  fares  on  such  car  or  cor- 
veyance,  or  issue  a  transfer  ticket,  or  written  or  printed 
instrument,  giving,  or  purporting  to  give,  the  right  o ' 
transfer  to  another  person  or  persons  from  a  publi; 
conveyance  operated  upon  one  line  or  route  of  a  stree ; 
railway,  to  a  public  conveyance  upon  another  line  o  • 
route  of  a  street  railway,  or  from  one  car  to  another  ca  • 
upon  the  same  line  of  a  street  railway,  who  shall  know- 
ingly and  with  intent  to  defraud  the  person  or  corpora- 
tion operating  such  public  conveyance  or  car,  issue,  sell 
or  give  any  such  transfer  ticket  or  instrument  to  ar- 
other,  not  lawfully  entitled  thereto,  or  receive,  use  o  • 
return  any  such  transfer  ticket  or  instrument  unlaw- 
fully issued  or  presented  for  fare,  in  lieu  of  a  regular 
cash  fare,  or  substitute  any  such  transfer  ticket  or  Ir- 
strument  for  any  cash  fare  collected  by  him;  and  every 
person  who  shall  fraudulently  and  with  intent  to  evad  3 
the  payment  of  a  fare,  receive  and  use  or  offer  for 
passage  any  transfer,  ticket  or  instrument  not  originallv 
issued  to  him;  and  every  person  who  shall  sell  or  giv3 
any  such  transfer  ticket  or  instrument  originally  issueil 
to  him  to  another  person  with  intent  to  have  suci 
transfer  ticket  or  instrument  used  or  offered  for  paii- 
sage  by  such  other  person  shall  be  fined  not  more  thaa 
$50  or  imprisoned  not  more  than  30  days,  or  both. 

Annual  returns  by  express  companies — Penalty.  S  334(1. 
Every  corporation  doing  business  in  this  State  as  an 
express  company  shall,  on  the  first  day  of  January  of 
each  year,  file  in  the  office  of  the  secretary  of  State  a 
statement  of  the  amount  of  its  capital  stock,  the  amount 
actually  paid  thereon  in  cash,  the  time  when  said  stock 
was  issued,  the  amount  of  its  real  estate,  the  place  where 


Public  Service  Laws 


359 


such  real  estate  is  located  and  its  cost  and  present 
value,  the  amount  of  personal  estate  held  by  the  com- 
pany and  its  cash  value,  the  amount  of  bills,  notes, 
bonds  or  other  commercial  security  held  by  the  com- 
pany and  their  value,  the  amount  of  loans  and  discount 
of  the  funds  of  the  company  to  its  offlcers  within  the 
year  last  past,  the  amount  of  its  capital  stock  purchased 
and  sold  by  it  or  its  oflRcers  and  agents  for  its  use,  the 
amount  paid  within  the  year  last  past  for  permanent 
betterments  of  its  real  estate  and  improvement  of  equip- 
ment of  its  business,  the  gross  amount  of  its  receipts 
and  disbursements  within  said  year,  the  amount  of  sup 
plus  cash  on  hand  during  each  month  of  said  year,  the 
amount  of  dividends  paid  in  the  same  time,  and  the 
amount  of  its  assets  and  liabilities.  Every  such  corpora- 
tion which  shall  fail  to  file  such  return  for  one  month 
after  said  first  day  of  January  shall,  for  every  month 
of  such  neglect  thereafter,  forfeit  $1,000  to  the  State. 

T.^XING    TELEPHONE    COMPANIES. 

Reports  to  ie  filed.  §2438  (as  amended  1909).  The 
treasurer,  or  if  there  is  no  treasurer,  then  the  general 
manager,  of  each  corporation,  associa,tion,  or  partnership, 
or  any  person  doing  a  telephonic  business  in  this  State 
shall,  annually,  within  the  first  10  days  of  October,  de- 
liver to  the  tax  commissioner  a  sworn  statement  showing 
the  number  of  telephonic  transmitters  used  in  this  State 
on  the  first  day  of  July  then  last  past,  and  which  tele- 
phonic transmitters  were  furnished  or  rented  by  said 
corporation,  association,  partnership,  or  person,  to  any 
person  or  party  for  telephonic  purposes;  the  number 
of  miles  of  wire  owned,  leased,  or  controlled  and  operated 
by  said  corporation,  association,  partnership,  or  person 
so  doing  a  telephonic  business  within  this  State  on  the 
first  day  of  July  then  last  past,  and  which  said  corpora- 
tion, association  or  partnership,  or  any  person  or  party 
then  used  for  the  transmission  of  telephonic  messages 
from  any  place  in  this  or  another  State,  across  any  por- 
tion of  this  State  to  a  place  in  another  State,  or  for  the 
transmission  of  telegraphic  messages  between  any  two 
places   wheresoever. 

Taxation  of  telephone  companies,  where  company  has 
hut  one  central  office  or  exchange  and  90  per  cent  of  its 
transmitters  in  one  town.  §  2439  (as  amended  by  Act  of 
August  8,  1911).  Each  of  said  corporations,  associations, 
partnerships,  or  persons  so  doing  a  telephonic  business 
in  this  State  as  aforesaid  shall,  annually,  within  the  first 
20  days  of  October,  pay  to  the  State  a  tax  of  $1.10 
cents  upon  each  of  said  telephonic  transmitters  so 
furnished  or  rented  to  any  person  or  party  for  tele- 
phonic purposes,  as  aforesaid,  except  that,  in  the  case  of 
any  such  corporation,  association,  partnership,  or  person 
having  but  one  central  office  or  exchange  and  at  least 
90  per  centum  of  whose  telephone  transmitters  are  fur- 
nished, rented,  or  located  in  the  same  town  in  which  its 
telephone  exchange  is  located,  and  the  lines  or  exchange 
of  which  are  in  no  way  connected  with  or  used  by  or  in 
connection  with  the  lines  of  any  other  such  corjMration, 
association,  partnership,  or  person,  or  any  other  ex- 
change, said  tax  shall  be  70  cents  upon  each  of  its  said 
telephonic  transmitters,  and  also  a  further  tax  of  35 
cents  on  each  mile  of  wire  so  owned,  leased,  controlled, 
and  operated  by  said  corporation,  association,  partner- 
stiip,  or  person,  so  doing  a  telephonic  business  within 
this  State  on  the  first  day  of  July  then  last  past,  and 
which  corporation,  association,  or  partnership,  or  any  per- 
son or  party,  then  used  either  for  the  transmission  of 
telephonic  messages  from  any  place  in  this  or  another 
State  across  any  portion  of  this  State  to  a  place  in 
another  State,  or  for  the  transmission  o?  telegraphic  mes- 
sages between  two  places  wheresoever;  which  taxes, 
respectively,  shall  be  in  lieu  of  all  other  taxes,  except  as 
herein  provided,  upon  the  poles,  wires,  telephonic  and 
telegraphic  instruments,  and  other  personal  property 
of  said  corporation,  association,  partnership,  or  person, 
used  exclusively  in  said  telephonic  or  telegraphic  busi- 
ness; but  any  real  estate  owned  by  said  corporation,  as- 
sociation, partnership,  or  person  shall  be'liable  to  taxa- 
tion in  the  town  where  the  same  is  situated. 

Penalty.  §2440  (as  amended  1909).  Every  person  who 
shall  fail  to  return  to  the  tax  commissioner  any  state- 
ment required  to  be  returned  as  prescribed  by  any  pro- 
vision  of  §§   2436   to  2439,  both   inclusive,   shall   be   fined 


$500;  and  every  corporation,  association,  partnership,  or 
person,  required  by  either  of  said  sections  to  make  any 
payment  to  the  State,  failing  to  make  such  payment 
within  the  time  therein  limited,  shall  forfeit  to  the 
State  twice  the  amount  required  for  such  payment. 

SEATS  FOR  MOTORMEN. 

Be  it  enacted  hy  the  legislature  of  Connecticut: 

Stool  for  motorman.  §  1.  Every  company  owning  or 
operating  a  street  railway  in  this  State  shall  cause  each 
of  its  cars  having  an  air  brake,  and  when  running  out- 
side the  territorial  limits  of  any  city  or  borough,  to  be 
provided  with  a  seat  or  stool  for  the  use  of  the  motorman 
operating  such  car  or  the  person  having  the  motive 
power  of  the  same  under  control;  provided,  that  the 
railroad  commissioners  may  exempt  from  the  provisions 
of  this  Act  any  line  or  parts  of  a  line,  or  any  cars  of 
such  a  company  if,  after  public  hearing,  they  shall  find 
that  the  presence  of  such  seats  upon  such  line,  parts 
of  line,  or  cars  would  endanger  or  inconvenience  any 
person  or  persons  traveling  or  being  legally  upon  such 
lines  or  cars. 

Penalty.  §  2.  Any  company  owning  or  operating  any 
such  car  which  shall  neglect  or  refuse  to  cause  the  same 
to  be  provided  with  a  seat  or  stool  for  the  use  of  the 
motorman  operating  the  same  or  the  person  having  the 
motive  power  of  such  car  under  control,  shall  forfeit  to 
the  State  $25  for  each  day  of  such  neglect  or  refusal. 

§   3.     This  Act  shall  take  effect  October  1,  1909. 

Approved  August  19,  1909. 

FREIGHT  TRAIN  CREWS. 

Be  it  enacted  by  the  legislature  of  Connecticut: 

Number  to  be  fixed  by  commission.  §  1.  The  railroad 
commissioners  shall  have  power  to  order,  after  a  public 
hearing,  such  changes  in  the  number  of  employes  upon 
freight  or  passenger  trains  as  in  their  opinion  will  con- 
serve the  public  safety  or  the  safety  of  such  employes. 
Penalty.  §  2.  If  any  company  shall  fail  to  place  upon 
any  of  its  trains  the  number  of  brakemen  required  by 
the  provisions  of  the  general  statutes  or  in  pursuance  of 
the  foregoing  provisions  of  this  Act,  it  shall  forfeit  $25 
to  the  State  for  each  day  of  such  neglect,  to  be  recovered 
by  the  State's  attorney  in  the  county  where  such  offense 
is  committed. 

Approved  August  11,  1909. 

REMOVAL    OF    GRADE    CROSSINGS. 

Be  it  enacted  by  the  legislature  of  Connecticut: 

Petition  by  railroad.  §  1.  Any  railroad  company  may 
bring  its  petition  in  writing  to  the  railroad  commission- 
ers, alleging  that  public  safety  requires  the  elimination 
of  the  crossing  of  its  railroad  at  grade  by  a  highway 
or  highways  through  the  removal  of  such  line  of  rail- 
road between  any  two  contiguous  stations  or  any  two 
points  between  which  there  is  no  station  so  as  to  coin- 
cide with  some  other  line  of  railroad  owned  and  operated 
by  such  company  between  the  same  two  points  or  sta- 
tions, and  praying  that  the  same  may  l>e  ordered;  where- 
upon, the  commissioners  shall  appoint  a  time  and  place 
for  hearing  the  petition,  and  shall  give  such  notice  there- 
of as  they  shall  judge  reasonable  to  such  company  and 
the  municipalities  in  which  such  crossing  and  such  two 
points  or  stations  are  situated.  If,  upon  such  hearing, 
it  appears  to  the  railroad  commissioners  that  proper  and 
adequate  service  will  be  afforded  to  the  public  in  the 
transportation  of  passengers  and  freight  within  the  towns 
in  which  such  line  of  railroad  to  be  moved  is  located, 
they  shall  order  the  removal,  and  such  railroad  com- 
pany shall  thereupon  have  the  right  to  remove  its  line 
of  railroad  to  such  other  line,  and  to  abandon  such  por- 
tion of  its  railroad  as  may  be  removed  to  such  other 
line,  and  its  franchise  thereto. 

Orders  ratified.  §  2.  All  orders  of  the  railroad  commis- 
sioners heretofore  made  on  the  petition  of  a  railroad 
company,  determining  and  requiring  the  elimination  of 
grade  crossings  by  the  removal  of  the  line  of  any  rail- 
road between  any  two  points  or  stations  to  some  other 
line  of  railroad  owned  and  operated  between  the  same 
two  points  or  stations,  wherein  it  is  found  that  proper 
and  adequate  service  will  be  afforded  to  the  public  in  the 
transportation  of  passengers  and  freight  within  the  towns 
in  which  such  line  of  railroad  is  located,  are  hereby 
ratified   and   confirmed,   and   such   railroad   company   may 


360 


National  Association  of  Railway  Commissioners 


abandon  such  portion  of  its  railroad  as  may  be  or  may 
have  been  removed  to  such  other  line,  and  its  franchises 
thereto. 

Approved  June  23,  1909. 

DISCONTINUED   HIGHWAYS. 

Be  it  enacted  iy  the  legislature  of  Connecticut: . 

When  any  highway,  or  portion  thereof,  in  which  are 
located  tracks  of  any  railroad  or  railway,  shall  be  law- 
fully discontinued,  the  company  owning  or  operating 
such  railroad  or  railway  shall  have  the  right,  with  the 
approval  of  the  railroad  commissioners,  to  take  land  for 
its  railroad  or  railway  within  the  limits  of  such  high- 
way or  part  thereof  discontinued,  in  the  manner  pro- 
vided in  §  3687  of  the  general  statutes. 

Approved  Juae  22,  1909. 

Note. — The  section  referred  to  provides  for  the  appoint- 
ment of  three  appraisers  by  a  Judge  of  the  Superior 
Court,  who,  after  giving  notice,  make  an  estimate  of 
damages. 

ASSESSMENT    ON    RAILROAD    FOR    STREET    SPRINKLING. 

Be  it  enacted  hy  the  legislature  of  Connecticut: 

Whenever  any  municipality  shall  provide  for  the 
sprinkling  of  any  street  within  its  limits  and  such  street 
shall  be  crossed  at  grade  by  a  railroad  or  street  railway, 
such  municipality  may  assess  upon  such  railroad  or 
street  railway  the  expense  for  sprinkling  that  portion 
of  the  street  which  is  occupied  as  a  right  of  way  by 
such  railroad  or  street  railway,  and  may  recover  the 
cost  of  sprinkling  such  right  of  way  from  such  railroad 
or  street  railway  in  any  proper  action. 
Approved   August   19,   1909. 

RELOCATION   OF  STREET  RAILWAY. 

Be  it  enacted,  etc.: 

Whenever  any  street  railway  is  located  and  constructed 
in  part  on  private  way,  upon  the  written  petition  of  the 
selectmen  of  any  town,  the  mayor  and  common  council 
of  any  city,  or  the  warden  and  burgesses  of  any  borough 
in  which  such  private  way  is  situated,  or  of  the  company 
owning  or  operating  such  railway,  the  railroad  commis- 
sioners, after  reasonable  notice  of  the  time  and  place  of 
hearing  thereon  shall  have  been  given  to  the  petitioners, 
the  company  and  the  persons  interested  in  the  land  ad- 
joining such  private  way  shall  find  that  public  safety  and 
convenience  require  an  alteration  in  such  location,  the 
company  owning  such  railway  may  so  far  alter  such  loca 
tlon  as  to  change  the  radius  of  its  curves,  the  width  of 
its  layout,  its  slopes  and  embankments,  may  straighten 
and  improve  its  lines  and  extend  its  lines  of  sight,  and, 
with  the  written  approval  of  said  commissioners  prescrlb- 
■  ing  the  extent,  may  take  land  for  such  purposes  in  the 
manner  provided  In  §  3687  of  the  general  statutes. 
Approved,  June  23,  1909. 

EXPRESS   COMPANY   TAX. 

Be  it  enacted,  etc.: 

Repeal.  Section  2434  of  the  General  Statutes,  concern- 
ing payments  by  express  companies  in  lieu  of  tax,  is  hereby 
repealed. 

Approved,  April  20,  1911. 

The  section  repealed  reads  thus: 

"Payment  in  lieu  of  tax.  §  2434.  When  any  such  com- 
pany, association  or  partnership  shall  fail  to  make  such 
returns,  the  treasurer  may  accept  from  it  $10,000  in  lieu 
of  the  sum  then  due  under  §  2433,  provided  said  sum  is 
paid  on  or  before  said  twentieth  day  of  October." 

REPAIR  OF  HIGHWAY  BRIDGE  USED  BY  STREET  RAILWAY. 

Be  it  enacted,  etc.: 

Street  railroad  company  to  repair  or  reconstruct  high- 
way 'bridges,  where  its  operation  has  made  such  bridges 
unsafe.  §  1.  Section  1  of  chapter  233  of  the  Public  Acts 
of  1909  is  hereby  amended  to  read  as  follows:  Whenever 
any  highway  bridge  over  which  a  street  railway  is  oper- 
ated shall  become  unsafe  for  public  travel,  the  company 
operating  such  railway  shall  pay  the  whole  expense  of  re- 
pairing, strengthening  or  reconstructing  such  bridge,  if 
such  bridge  would  be  safe  for  public  travel  if  such  railway 
were  not  operated  over  it;  but  if  a  reconstruction  of  such 
bridge  or  the  construction  of  a  new  bridge  is  required  for 
any  other  cause  or  if  such  bridge  would  be  unsafe  for  pub- 
lic travel  if  such  railway  were  not  operated  over  it,  then 
8o  much  of  the  expense  of  repairing,  strengthening,  con- 


structing or  reconstructing  such  bridge  as  may  be  equitable 
shall  be  paid  by  the  company  operating  such  railway.  In 
the  event  of  any  disagreement  between  such  railway  com- 
pany and  the  municipality  or  municipalities  bound  by  law 
to  maintain  any  such  bridge,  as  to  the  necessity  of  any  re- 
pair or  reconstruction  thereof,  or  as  to  the  character  of 
such  repair  or  reconstruction,  or  as  to  the  apportionment 
of  the  expense  of  such  repair  or  reconstruction,  the  public 
utilities  commission,  upon  application  of  any  party  in  in- 
terest, and  after  due  hearing,  shall,  subject  to  the  provi- 
sions of  §  3832  of  the  general  statutes,  make  such  orders 
as  it  shall  deem  necessary,  in  the  interest  of  public  safety 
for  the  repair,  strengthening  or  reconstruction  of  such 
bridge,  and  shall  determinue,  in  accordance  with  the  prin- 
ciple herein  stated,  the  portion  of  the  expense  of  such 
repair,  strengthening,  or  reconstruction  which  shall  be 
borne  by  such  railway  company. 

Provisions  not  to  apply  where  contract  exists  between 
railroad  company  and  municipality.  §  2.  The  provisions 
of  this  Act  shall  not  apply  to  the  repairing,  strengthen- 
ing, constructing  or  reconstruction  of  any  bridge  concern- 
ing which  any  contract  exists  between  any  street  railway 
company  and  any  municipality,  or  concerning  which  any 
condition  has  been  imposed  upon  any  street  railway  com- 
pany during  the  continuance  of  such  contract.  iflfl 

Approved,  August  31,  1911.  "W 

Section  2  of  the  amended  Act  of  1909  is  as  follows; 

§  2.  Nothing  herein  contained  shall  be  construed  to 
excuse  any  railway  company  from  the  duty  of  repairi  ig 
or  maintaining  bridges  imposed  upon  it  by  its  charter,  or 
the  charter  of  any  city  or  borough,  or  relieve  said  railw  ly 
company  from  the  obligation  imposed  by  §  §  3719,  3740  and' 
3868  of  the  general  statutes. 

Approved,  August  19,  1909. 


NOTICE  OP   INJURY. 

Be  it  enacted  by  the  legislature  of  Connecticut: 

Notice  of  injury  due  to  negligence  of  raihvay  compani  ?T 
not  to  be  invalid  or  insufficient  because  of  inaccuracu  s. 
§  1130  of  the  general  statutes  is  hereby  amendi  d 
by  adding  at  the  end  thereof  the  words  "No  notice  givi  n 
under  the  provisions  of  this  section  shall  be  held  invalid  >r 
insufficient  solely  by  reason  of  an  inaccuracy  in  describii  g 
the  injury  or  in  stating  the  time,  place,  or  cause  of  its  c  > 
currence,  it  it  be  shown  that  there  was  no  intention  o 
mislead,  and  that  such  railway  or  railroad  company  wi  8 
not  in  fact  misled  thereby,"  so  that  said  section  i  s 
amended  shall  read  as  follows:  No  action  to  recov  T 
damages  for  an  injury  to,  or  for  the  death  of,  any  perso  i, 
caused  by  negligence,  shall  be  maintained  against  ai  y 
electric,  cable  or  street  railway  company,  or  against  ai  y 
steam  railroad  company,  unless  written  notice  containli  g 
a  general  description  of  the  injury  and  of  the  time,  plai  e 
and  cause  of  its  occurrence,  as  nearly  as  the  same  can  1  e 
ascertained,  shall  have  been  to  the  defendant  within  foi  r 
months  after  the  neglect  complained  of,  unless  the  acti(  n 
itself  is  commenced  within  said  period  of  four  months. 
Such  notice  may  be  given  to  the  secretary,  or  to  any  agent 
or  executive  officer  of  the  company  in  fault.  No  notii  e- 
given  under  the  provisions  of  this  section  shall  be  he  d 
invalid  or  insufficient  solely  by  reason  of  an  inaccuracy  :  n 
describing  the  injury  or  in  stating  the  time,  place  or  caui  e 
of  its  occurrence,  if  it  be  shown  that  there  was  no  inte  i- 
tlon  to  mislead,  and  that  such  railway  or  railroad  cq 
pany  was  not  in  fact  misled  thereby. 
Approved,  June  28,  1911. 

FOREST    FIRES. 

Be  it  enacted,  etc.: 

Liability    of   railroad    companies   for   fires    caused    I9  i 
sparks  from  its  locomotives.     §  1.    Any  railroad  compai  y  ' 
which,     through    any    act    of    its     employes     or    agents, 
by  sparks  from  its  locomotives,  or  otherwise  sets  fire  1.0 
trees,  brush  or  grass  on  lands  outside  the  right  of  w'ay  of 
such  company  shall  be  liable  to  the  town  or  city  in  which 
such  fire  occurs  for  the  lawful  expenses  incurred  by  sucb* 
town  or  city  in  extinguishing  such  fire. 

Fire  warden  to  render  bill  for  expenses  of  extinguishing 
fire.  §  2.  A  bill  for  such  expenses  shall  be  rendered  by  the 
local  fire  warden  having  charge  of  the  extinguishing  of 
such  fire  in  accordance  with  the  provisions  of  chapter  238 
of  public  Acts  of  1905  and  amendments  thereof,  and,  upon 
approval  of  such  bill  by  the  State  forest  fire  warden,  and 
upon  presentation  thereof  to  the  chief  engineer  of  the  rail- 


Public  Service  L.4ws 


361 


road  company  liable  for  such  expenses  under  the  provi- 
Bions  of  §  1  of  this  Act,  such  expenses  shall  be  paid  by 
said  railroad  company. 

Duty  of  section  foreman  Kith  regard  to  fires.  §  3.  It 
fihall  be  the  duty  of  every  section  foreman  employed  by  a 
railroad  company  upon  the  discovery  of  any  fire  in  the 
section  under  his  jurisdiction,  for  which  said  company  is 
liable  under  the  provisions  of  §  1  of  this  Act,  to  summon 
necessary  assistance,  proceed  to  the  fire  and  extinguish  it 
and  to  give  such  assistance  to  the  town  or  district  fire 
warden  as  r^^s^  from  time  to  time,  be  requested  by  such 
warden. 

§  4.     This  Act  shall  take  effect  from  its  passage. 

Approved,  June  28,  1911. 

PL.\TF0RM    FOR    LIVE    STOCK 1911. 

Be  it  enacted,  etc.: 

Steam  railroad  companies  to  provide  platforms  for  live 
stock.  Every  company  operating  a  steam  railroad  In  this 
State  shall  maintain  a  safe  and  suitable  platform  for  the 
shipment  of  livestock  at  or  near  every  station  on  such 
railroad  at  which  livestock  is  shipped  or  unloaded. 

Approved,  March  28,  1911. 

INSPECTION   OF    CATTLE. 

Be  it  enacted,  etc.: 

Shipment  of  cattle  over  six  months  of  age  without  per- 
mit or  certificate  of  health  prohibited.  §  1.  No  person 
shall,  except  in  accordance  with  the  provisions  of  §  §  2  and 
3  of  this  Act  and  under  a  permit  as  provided  for  therein, 
shin  nr  cniise  to  he  shinDert.  or  brinsr  or  cause  to  be 
ijrought  into  this  State  any  neat  cattle  over  six  months 
of  age,  unless  a  certificate  of  the  health  of  such  cattle  has 
been  obtained  from  the  authority  having  jurisdiction  of  the 
diseases  of  domestic  animals  in  the  State  from  which 
such  cattle  are  brought  or  shipped,  and  the  owner,  or  his 
agent,  of  any  cattle  so  brought  into  this  State  shall,  within 
twenty-four  hours  after  the  arrival  of  such  cattle  at  their 
destination,  give  notice  thereof  in  writing  to  the  commis- 
sioner on  domestic  animals. 

Permit  may  le  granted  ly  commissioner  of  domestic 
animals— Cattle  shipped  to  be  placed  in  quarantine.  §  2. 
The  commissioner  on  domestic  animals  may,  in  his 
discretion,  grant  to  any  person  making  application  there- 
for a  permit  in  writing  authorizing  such  person  to  ship 
or  bring  neat  cattle  into  this  State,  without  having  ob- 
tained the  certificate  provided  for  in  §  1,  conditioned  that 
any  such  cattle  shall  be  placed  in  quarantine  at  the 
place  of  their  final  destination  or  such  other  place  as 
shall  be  designated  by  such  commissioner.  All  cattle 
so  placed  in  quarantine  shall  be  examined  by  the  com- 
missioner or  his  agent,  either  by  physical  examination 
or  by  the  tuberculin  test,  as  said  commissioner  may 
determine,  and  shall  not  be  released  from  such  quaran- 
tine until  the  commissioner  shall  have  ordered  such  re- 
lease. The  commissioner  may  cause  any  cattle  found, 
upon  such  examination  to  be  diseased,  to  be  killed  as 
provided  by  §  4375  of  the  general  statutes  as  amended. 
The  cost  of  such  testing  or  examination  shall,  before 
such  cattle  are  released  from  quarantine,  be  paid  by  the 
owner  of  such  cattle,  but  the  cost  of  keeping  such  cattle 
in  quarantine,  for  a  period  not  exceeding  six  weeks, 
shall,  subject  to  the  approval  of  such  expense  by  said 
commissioner,  be  paid  by  the  State. 

Permit  may  be  granted  to  ship  cattle  for  exhibitions. 
I  3.  The  commissioner  on  domestic  animals  may,  In  his 
discretion,  issue  to  any  person  a  written  permit  au- 
thorizing such  person  to  bring  cattle  into  this  State  for 
the  purpose  of  exhibiting  the  same  at  any  agricultural 
fair  or  other  public  exhibition  or  to  bring  into  the  State 
cattle  which  such  person  has  taken  or  intends  to  take 
out  of  the  State  for  the  purpose  of  such  exhibition. 

Transportation  of  cattle  without  permit  or  certificate 
prohibited.  §  4.  No  railroad,  steamship  or  other  transpor- 
tation company  or  carrier  shall  transport  any  neat  cattle 
into  this  State  unless  the  same  be  accompanied  by  a 
certificate  of  good  health  as  provided  by  §  2  or  §3 
hereof. 

Penalty.  §  5.  Any  person  violating  any  of  the  fore- 
going provisions  of  this  Act  or  any  ofiicer  or  agent  of 
any   corporation    directing    or    causing    the    violation    by 


such  corporation  of  any  of  said  provisions  shall  be  fined 
not  more  than  $50  for  the  first  offense  and  not  more 
than  $100  for   such   subsequent  offense. 

Penalty  for  interfering  with  examination  of  cattle.  %  6. 
Any  person  who  shall  intentionally  interfere  with  the 
performance  of  any  examination  provided  for  by  this 
Act,  or  who  shall  attempt  to  defeat  the  objects  of  the 
tuberculin  test  applied  to  cattle  by  a  previous  injection 
of  tuberculin  known  as  "plugging,"  or  shall  in  any  way 
attempt  to  prevent  an  accurate  result  of  any  such  test, 
shall  be  fined  not  more  than  $100  or  imprisoned  not 
more  than  30  days. 

Approved  July  25,  1911. 

TAXATION  OF  RAILROADS. 

Be  it  enacted,  etc.: 

Annual  return  of  railroad  corporations  to  include  valua- 
tion of  acquired  property.  §1.  Every  railroad  company, 
any  portion  of  whose  road  is  located  in  this  State,  or  if 
such  portion  of  such  road  is  In  the  hands  of  a  trustee, 
or  receiver,  then  sUch  trustee  or  receiver  shall,  in  addi- 
tion to  the  other  matters  required  by  law,  specify  in 
its  annual  return  for  the  purposes  of  taxation  all  the 
property  held  by  It  (other  than  its  railroad  and  its  fran- 
chises and  Its  real  estate  in  this  State  not  used  for 
railroad  purposes),  and,  also,  if  possible,  the  amount  of 
its  capital  stock  issued  for,  and  the  amount  of  its  funded 
and  floating  debt  occasioned  by  the  acquisition  of  such 
property,  and,  if  this  is  not  possible,  the  actual  cost  of 
the  acquisition  of  such  property.  In  order  to  obviate 
a  direct  or  indirect  double  taxability  of  such  property, 
the  amount  of  its  funded  and  floating  debt  thus  occa- 
sioned, and  the  amount  of  its  capital  stock  thus  Issued, 
or  where  these  are  not  ascertainable,  the  amount  of  such 
cost  shall,  in  computing  the  amount  of  tax  to  be  paid 
by  such  railroad  company,  trustee  or  receiver,  to  this 
State,  be  deducted  from  the  total  amount  of  its  funded 
and  floating  debt  and  capital  stock;  provided,  that  the 
board  of  equalization  shall  have  power  to  inquire  Into 
the  correctness  of  any  return  made  under  the  provisions 
of  this  Act,  and,  if  after  hearing  the  parties  in  interest, 
it  shall  find  such  return  to  be  incorrect,  it  shall  correct 
the  same  in  accordance  with  the  facts  before  computing 
the  tax  to  be  paid  in  accordance  therewith. 

Appointment  of  commission  to  investigate  taxation  of 
railroads.  §  2.  Within  60  days  after  the  passage  of  this 
Act,  the  governor  shall  appoint  a  commission  of  three 
disinterested  persons  to  examine  into  the  system  of  the 
taxation  of  railroads  and  street  railroads  and  street  rail- 
ways located  partly  or  wholly  within  this  State,  and 
also  of  all  other  corporation  paying  taxes  to  the  State,  ■ 
and  the  statutes  relating  thereto,  and  to  make  such 
recommendations  in  connection  therewith  to  the  next 
general  assembly  as  shall  seem  to  them  advisable.  Said 
commission  shall  serve  without  compensation  except  for 
necessary  expenses,  not  to  exceed  $1,500.  The  sum  of 
$1,500  Is  hereby  oppropriated  out  of  any  money  in  the 
treasury,  not  otherwise  appropriated,  to  carry  out  the 
purposes  of  this  Act. 

Approved  September  21,  1911. 

POLES    AND   WIRES.  . 

Be  it  enacted,  etc.: 

Public  utilities  commission  to  have  power  to  require 
change  of  location  of  tcires  and  poles.  §  1.  The  public  util- 
ities commission  shall  have  power,  after  notice  to  the 
corporations  interested  and  public  hearing,  to  require 
any  public  service  corporation  or  corporations  maintain- 
ing a  line  or  lines  of  poles  and  wires  in  this  State  to 
change  the  location  of  such  poles  and  wires  In  the  public 
highways  whenever  public  convenience  or  necessity  re- 
quires such  change  and,  in  case  two  or  more  corpora- 
tions are  using  or  maintaining  lines  of  poles  or  wires  in 
the  same  street,  to  require  the  wires  of  such  corpora- 
tions to  be  strung  upon  one  or  more  lines  of  poles  to 
be  owned  and  maintained  by  the  corporations  using  the 
same  as  said   commission   shall   determine. 

Penalty.  §  2.  Any  corporation  failing  to  comply  with 
any  such  order  shall  be  liable  to  the  penalties  provided 
in  §  35  of  chapter  128  of  the  public  Acts  of  1911. 

Approved  August  30,  1911. 


362 


National  Association  of  Railway  Commissioners 


ENGINEER   MEMBEll  OF   RAILROAD   COMMISSION. 

Be  it  enacted,  etc.: 

Appointment  of  board  of  civil  engineers.  §  1.  The  pow- 
ers and  duties  heretofore  exercised  by  the  civil  engineer 
member  of  the  board  of  railroad  commissioners  con- 
cerning the  appointment  of  members  of  the  board  of 
civil  engineers  shall  be  exercised  by  the  commissioner  of 
rivers,  harbors  and  bridges  who  is  a  civil  engineer,  and 
said  commissioner,  together  with  one  civil  engineer, 
residing  in  each  congressional  district,  to  be  appointed 
by  him,  shall  constitute  said  board  of  civil  engineers. 

§  2.     This  Act  shall  take  effect  from  Its  passage. 

Approved  August  30,  1911. 

MARINE  AND  TRANSPORTATION  POLICIES. 

Insurance  commissioner  may  grant  permission  to  two 
or  more  insurance  companies  to  issue  combination  policies. 
Two  or  more  insurance  corporations  authorized  to  tran- 
sact in  this  State  a  marine  and  transportation  insur- 
ance business  may  issue  combination  forms  of  policies 
covering  such  business,  using  distinctive  titles  therefor, 
which  titles  shall  appear  at  the  head  of  the  respective 
policies,  followed  by  the  titles  of  the  several  corpora- 
tions obligated  thereupon,  which  policies  shall  be  exe- 
cuted by  the  officers  of  each  of  such  corporations;  pro- 
vided,   that    before    such    corporations    shall    issue    any 


the  Public  Acts  of  1911  requiring  a  telephone  company  to 
furnish    adequate    service    at    reasonable    rates    shall    be 
so   construed   as   to   include   telephone    exchange   areas. 
Approved   September   19,   1911. 


I 


EXTENSION    OF    TELEPHONE    LINES. 

Be  it  enacted,  etc.: 

Chartered  telephone  companies  to  extend  lines  upon 
petition.  _§  1.  Whenever  any  resident  of  any  town  within 
this  State,  who  owns  and  occupies  real  estate  within  such 
town,  and  within  which  town  any  telephone  company 
chartered  by  this  State  is  now  operating  or  shall  hereafter 
operate  a  telephone  line,  located  not  to  exceed  %  of  one 
mile,  measured  along  a  highway,  distant  from  the  real 
estate  of  such  resident,  shall  present  to  such  company 
a  written  petition,  signed  by  twenty  residents  of  such 
town  who  are  subscribers  to  the  telephone  service  of 
such  company,  requesting  an  extension  of  the  service 
line  of  such  company  and  the  installation  of  a  specified 
telephone  service  upon  his  premises,  and  shall  obligate 
himself,  with  sufficient  security  for  the  performance  cf 
such  obligation,  to  use  and  pay  for  said  service  for  i 
period  of  five  years  thereafter,  such  company  shall,  withii 
60    days    thereafter,    extend    its    service    line    and    insta!! 


such    combination    policy    they    shall    have    received    the      upon   the  premises  of  such   petitioner  a  telephone  equii 


express  permission  of  the  insurance  commissioner  of 
this  State  to  issue  the  same,  and  the  titles  of  such  pro- 
posed policies,  and  the  terms  of  the  additional  provi- 
sions thereof,  hereby  authorized,  shall  have  been  ap- 
proved by  him,  which  terms  shall  provide  substantially, 
under  a  separate  title  therein,  to  be  known  as  "Pro- 
visions specially  applicable  to  this  combination  policy," 
as  follows:  (a)  That  each  corporation  executing  such 
policy  shall  be  liable  for  the  full  amount  of  any  loss  or 
damage  according  to  the  terms  of  the  policy  or  for  a 
specific  percentage  thereof;  (b)  that  service  of  process, 
or  of  any  notices  required  by  the  said  policy,  upon  any 
of  the  corporations  executing  the  same,  shall  be  deemed 
to  be  service  upon  all;  and  provided,  further,  that  the 
unearned  premium  liability  on  each  policy  so  issued 
shall  be  maintained  by  each  of  such  corporations  on 
the  basis  of  the  liability  of  each  to  the  insured  there- 
under. 

Approved    May    9,    1911. 

TELEPHONE   EXCHANGE  RATES. 

Be  it  enacted  by  the  legislature  of  Connecticut : 

Telephone  exchange  areas  included  in  provisions  of  §  2Ji. 
chapter  128,  Public  Acts  1911.    Section  24  of  chapter  128  of 


ment  similar  to  the  equipment  furnished  subscribers  of 
the  same  class  as  such  petitioner,  and  for  the  same  rat ) 
charged  for  such  service,  within  such  town. 

Petitioner  may  prefer  complaint  to  Superior  Court  whev. 
petition  not  granted.    §  2.     If  such  company  shall  refuse  o  • 
neglect    to    so    extend    its    service    line    and    install    sucli 
telephone    service,    the    petitioner    may    prefer    his    com- 
plaint to  the  Superior  Court  for  the  county  within  whicl 
such   petitioner   resides,   alleging  such   refusal   or  neglec 
and    summoning    such    company    to    appear    before    sai( 
court  to  answer  the  allegations  of  said  complaint,  whicl 
summons  and   complaint  shall  be  served  upon  such  com 
pany  by  some  qualified  officer  at  least  12  days  before  thi 
day  assigned   therein  for  a  hearing.     It  said   court  shal 
find  that  the  cost  of  extending  the  lines  of  such  companj 
and  installing  a  telephone  equipment  as  specified  In  suci 
petition  is  not  excessive  in  proportion  to  such  company',' 
published  rate  charged  for  the  class  of  service  requeste( 
by   the   petitioner,   said    court   shall   order   such   companj 
to   extend   its   service   line  and   install   the  equipment  re 
quested   by    such    petitioner,   and    may,    in   its   discretion 
tax  against  either  party,  and  make  such  orders  concern 
ing  the  matter  as  said  court  deems  just. 

Approved  September  19,  1911. 


PUBLIC  SERVICE  LAWS  OF  DELAWARE 


i\ 


STATUTE  LAW. 
PUBLIC  UTILITY  COMMISSION,  ACT  OF  1911. 

An  Act  to  create  a  board  of  public  utility  commissioners 

for  the  city  of  Wilmington  and  prescribe  its  duties. 
Be  it  enacted  by  the  senate  and  house  of  representatives  of 
the  State  of  Delaware  in  general  assembly  met  (with 
the    concurrence    of    two-thirds    of    all    the    members 
elected  to  each  house)  : 
Mayor  to  appoint  five  persons — No  more  than  three  to 
be  of  same  political  faith.     §  1.     The  mayor  of  the  city  of 
Wilmington  shall,  subject  to  confirmation  by  the  council  of 
the  said  city,  appoint  five  persons,  citizens  of  the  State 
of   Delaware    and   residents   of   the    city    of   Wilmington, 
no  more  than  three  of  whom  shall  be  of  the  same  po- 
litical  faith,   one   of   such   persons   to   be   a   resident   of 
each  of  the  five   representative  districts  In   the   city   of 
Wilmington,    who    shall    constitute    and    be    a    board    of 
public  utility  commissioners  for  the  city  of  Wilmington. 
The   commissioners   first  appointed  under  this   Act   shall 
be    appointed   by   the    mayor   of   the    city   of   Wilmington 
during  the  month  of  July,  A.  D.  1911. 

Shall  have  supervision  over  all  public  utilities — What 
the  term  "public  utilities"  is.  §  4.  The  said  board  shall 
have  supervision  over  all  public  utilities  operating  within 
the  limits  of  the  said  city  of  Wilmington;    and  the  term 


"public  utilities"  as  used  in  this  Act  is  herein  defined 
to  include  all  street  railway,  express,  traction,  gas,  elec 
trie  light,  heat  and  power,  water,  telephone  and  tele 
graph  corporations,  associations  or  joint  stock  com- 
panies operating  within  the  limits  'of  the  city  of  Wd  J 
mington  for  public  use.  %  H 

Shall  have  general  supervision.  The  board  shall  havf 
general  supervision  over  all  i>ublic  utilities  as  herein 
defined,  within  the  limits  of  the  city  of  Wilmington,  and 
shall  have  power,  after  hearing  upon  notice,  by  order 
in  writing:  ^m 

To  require  compliance  with  the  laws  of  the  State,  affH 
ordinance  of  the  city  of  Wilmington,  a.  To  require  everj 
such  public  utility  as  herein  defined  to  comply  with 
the  laws  of  this  State  relating  thereto  or  with  any 
legally  adopted  ordinance  or  regulation  of  the  said  city  I 
of  Wilmington  or  with  any  of  the  terms  of  the  franchise 
under   which    such   public   utility   operates. 

To  furnish  safe  and  adequate  service,  b.  To  require^ 
ever-  such  public  utility  as  herein  defined  to  furnish 
safe   and   adequate   service. 

To  keep  its  books  and  records  in  proper  manner,  c.  To 
require  every  such  public  utility  as  herein  defined  to 
keep  its  books,  records  and  documents  so  as  to  afford 
an   intelligent  understanding  of  its  business. 


Public  Service  Laws 


363 


To  prevent  unjust,  unfair  and  unreasonable  discrimina- 
tions, d.  To  direct  any  such  public  utility  as  herein  de- 
fined, found  to  be  granting  unjust,  unfair  or  unreasonable 
discriminations,   to   Immediately   cease   from   so   doing. 

To  investigate  any  accident,  e.  To  investigate  any  ac- 
cident happening  In  the  said  city  of  Wilmington  In  con- 
nection with  any  such  public  utility  as  herein  defined. 
To  hear  and  examine  complaints,  and  make  recommen- 
dations, f.  To  hear  and  examine  complaints  concerning 
rates  charged  by  any  such  public  utility  as  ierein  de- 
fined, ^nd  to  make  such  recommendations  and  orders  as 
It   may  deem   proper   concerning   such   rates. 

To  see  laws  are  complied  with,  and  to  cause  action  to 
6e  brought  for  violation,  g.  To  make  such  recommenda- 
tions as  it  may  see  fit  to  concerning  such  public  utility 
as  herein  defined,  and  to  see  that  all  laws  of  the  State 
and  all  lawful  ordinances  of  the  city  of  Wilmington 
are  complied  with  by  such  public  utility,  and  it  shall 
cause  action  to  be  brought  against  any  such  public 
utility  violating  any  such  law  or  ordinances  through  the 
attorney-general  of  the  State  of  Delaware  or  the  city 
solicitor  of  the  city  of  Wilmington. 

Privilege  or  franchise  shall  he  approved  by  the  board. 
§  7.  No  privilege  or  franchise  hereafter  granted  to  any 
public  utility,  as  herein  defined,  by  any  municipal  gov- 
erning body  or  department,  shall  be  valid  until  ap- 
proved by  said  board,  whenever  it  shall  determine  that 
such  privilege  or  franchise  Is  necessary  and  proper  for 
the   public   convenience. 

Any  public  utility  may  appeal  to  board.  §  8.  Any  public 
utility,  as  the  same  has  been  hereinbefore  defined,  may 
appeal  to  the  said  board  from  any  order  or  regulation 
made  by  any  municipal  governing  body  or  department, 
and  said  board  is  hereby  given  jurisdiction  to  hear  said 
appeal  and  to  determine  the  matter  in  question  on  Its 
merits,  and  to  make  such  order  in  the  premises  as  may 
seem  just  and  reasonable. 

Shall  not  bestow  any  gratuity  or  free  service.  No  such 
public  utility,  as  hereinbefore  defined,  shall  hereafter 
give,  grant  or  bestow,  upon  any  public  official,  any 
discrimination,  gratuity,  or  free  service  whatsoever,  but 
nothing  herein  contained  shall  prevent  the  free  trans- 
portation of  uniformed  public  officers  while  engaged  In 
the   performance  of  their  public   duties. 

City  solicitor  to  be  legal  advisor — Annual  report.  §  9. 
The  city  solicitor  in  the  city  of  Wilmington  shall  be 
the  legal  adviser  for  the  said  board,  and  the  said  board 
shall  make  an  annual  report  of  Its  proceedings  to  the 
mayor  of  the  said  city. 

Approved  March  29,  A.  D.  1911. 

GENERAL  CORPORATION  ACT. 
Railroads,  formation.  §  73.  Any  number  of  persons,  not 
less  than  nine  may  form  a  corporation  under  the  provis- 
ions of  this  Act,  which  corporation  so  formed  as  aforesaid, 
shall  have  perpetual  succession,  for  the  purpose  of  con- 
structing, maintaining  and  operating  a  railroad  for  the 
transportation  of  freight  and  passengers,  and  shall  do  and 
perform  the  several  matters  and  things  hereinafter  stated 
and  shall  have  and  exercise  all  the  rights,  powers  and 
privileges  hereinbefore  and  hereafter  conferred  and  be 
subject  to  all  the  duties,  limitations,  restrictions  and  lia- 
bilities hereinafter  Imposed  upon  such  corporation;  and 
for  that  purpose  may  make  and  sign  articles  of  associa- 
tion, in  lieu  of  the  articles  of  association  hereinbefore  re- 
quired by  the  provisions  of  this  Act,  in  which  shall  be 
Stated : 

1.  The  name  of  the  corporation. 

2.  The  place  from  which  and  to  which  such  railroad 
Is  to  be  constructed,  maintained  and  operated. 

3.  The  estimated  length  of  such  railroad  and  the  name 
of  each  county  in  this  State  through  or  into  which  it  Is 
Intended  to  be  made. 

4.  The  amount  of  the  capital  stock  of  the  corporation, 
which  shall  nol»be  less  than  $5,000  for  every  mile  of  road 
proposed  to  be  constructed. 

5.  The  number  of  shares  of  which  said  capital  stock 
shall  consist. 

6.  The  names  and  places  of  residence  of  nine  directors 
of  the  corporation,  who  shall  manage  its  affairs  for  the 
first  year  and  until  others  are  chosen  in  their  places;  and 


each  such  person  shall  subscribe  thereto  his  name,  place 
of  residence  and  the  number  of  shares  of  stock  he  agrees 
to  take  in  such  corporation;  at  least  one  of  said  directors 
shall  be  a  resident  of  this  State.  , 

7.  The  name  of  the  city,  town,  county  or  place  within 
the  county  in  this  State  in  which  its  principal  office  or 
place  of  business  will  be  located  in  this  State. 

*See  also  amendatory  Act  of  1911,  below. 

Approval  of  judge,  filing,  etc.  §  74.  Said  articles  of 
association  shall  be  presented  to  one  of  the  judges  of  the 
Superior  Court  of  the  State  of  Delaware,  who  shall  exam- 
ine the  same,  and  it  found  to  conform  to  the  requirements 
of  this  Act,  shall  endorse  his  certificate  thereon  accordingly. 
On  compliance  with  the  foregoing  provisions  and  the  re- 
quirements of  the  next  succeeding  section,  which  latter 
shall  be  evidence  by  the  receipt  of  the  State  treasurer 
delivered  to  the  secretary  of  State,  such  articles  of  associ- 
ation may  be  filed  in  the  office  of  the  secretary  of  State, 
who  shall  endorse  thereon  in  writing  the  day  they  are 
filed,  and  record  the  same  in  a  book  to  be  provided  by 
him  for  that  purpose;  and  upon  tendering  the  said  articles 
to  the  secretary  of  State  to  be  filed,  the  persons  who  have 
so  subscribed  such  articles  of  incorporation  and  all  per- 
sons who  shall  become  stockholders  in  such  corporation, 
shall  be  a  corporation  by  the  name  specified  therein;  every 
such  corporation  formed  under  this  Act,  in  addition  to  the 
general  powers  hereinbefore  in  this  Act  set  forth  shall  have 
power:  ' 

Additional  powers.  1.  To  have  authority,  by  its  officers 
and  servants,  to  enter  upon  the  lands  or  waters  of  any  per- 
son or  persons,  which  may  be  necessary,  to  make  such  ex- 
amination and  surveys  for  its  proposed  railroad  as  shall  be 
required  to  be  made,  in  the  selection  of  the  most  advantage- 
ous route,  but  subject  at  all  times  to  responsibility  for  all 
and  any  damage  which  shall  be  done  to  the  property  of 
any  such  person  or  persons. 

2.  To  aid  in  the  construction,  maintenance  and  ac- 
commodation of  its  railroad,  may  take  and  hold  such 
voluntary  grants  of  real  estate  and  other  property  as  shall 
be  made  to  it,  but  in  all  instances,  the  real  estate  received 
as  a  voluntary  grant  shall  be  held  and  used  for  the  pur- 
pose of  such  grant  only. 

3.  For  the  sole  purpose,  of  the  construction  and  main- 
tenance of  its  railroad,  and  the  stations  and  other  ac- 
commodations nece'ssary  to  accomplish  the  object  of  its 
incorporation,  it  may  purchase,  hold  and  use  all  such  real 
estate  or  other  property  as  may  be  necessary. 

4.  To  construct  its  road  and  lay  out  the  same  as  herein 
provided  and  for  the  purpose  of  cuttings  and  embankments, 
to  take  as  much  more  land  as  may  be  necessary  or  required, 
for  the  proper  construction  and  security  for  the  road. 

5.  To  use  and  exercise  all  other  rights  and  powers 
herein  granted. 

Required  capital  stock.  §  75.  Articles  of  association,  in 
compliance  with  the  provisions  of  §  §  73  and  74  of  this 
Act,  as  amended  shall  not  be  filed  and  recorded  in  the 
office  of  the  secretary  of  State  until  at  least  $2,000  of  stock 
for  every  mile  of  railroad  proposed  to  be  made  is  sub- 
scribed thereto  and  paid,  in  good  faith  and  in  cash,  to 
the  directors  named  in  said  articles  of  association,  nor 
until  the  said  directors  shall  have  deposited  the  said 
money  so  subscribed  and  paid  to  them  with  the  State 
treasurer,  who  is  constituted  the  custodian  of  the  same, 
and  shall  hold  the  same,  subject  to  be  repaid  to  the  di- 
rectors of  the  said  corporation,  or  to  the  treasurer  thereof. 
In  sums  of  $2,000  for  each  mile  of  said  railroad,  upon 
the  construction  of  which  it  shall  be  proved  to  his  satis- 
faction, that  the  said  corporation  has  expended  at  least 
the  sum  of  $2,000,  nor  until  there  is  endorsed  on  such 
articles  of  association,  or  annexed  thereto,  an  affidavit, 
made  by  at  least  five  of  the  directors  named  in  said  articles 
of  association,  that  the  amount  of  stock  required  by  this 
section  has  been,  in  good  faith,  subscribed  and  paid  in 
cash  as  aforesaid,  and  that  it  is  Intended  in  good  faith, 
to  construct  or  maintain  and  operate  the  road  mentioned 
in  such  articles  of  association  which  affidavit  shall  be  re- 
corded with  the  articles  of  association  as  aforesaid. 

Copy  of  charter,  evidence,  etc.  §  76.  That  a  copy  of  any 
articles  of  association  for  the  construction  and  operation 
of  railroads,  filed  and  recorded  in  pursuance  of  provisions 
of  this  Act,  or  of  the  record  thereof,  with  a  copy  of  the 
affidavit  aforesaid  indorsed  thereon  or  annexed  thereto  and 


264 


iNATioxAL  Association  of  I^ailway  Comjiissioxees 


duly  certified  to  be  a  copy  by  the  secretary  of  State,  shall 
be  presumptive  evidence  of  the  incorporation  of  such 
corporation  and  of  the  facts  therein  stated. 

Nothing  in  this  section  contained  shall  prevent  judicial 
Inquiry  into,  and  ascertainment  of  the  existence  of  the  cor- 
poration or  the  possession  of  the  corporate  powers  it  under- 
takes to  assert  in  any  suit  or  proceeding  wherein  the  same 
shall  be  challenged. 

Subscribing  stock,  10  per  cent  on,  required  paid.  §  77. 
The  directors  named  in  said  articles  of  association  may, 
when  such  articles  of  association  and  affidavit  are  filed 
and  recorded  in  the  office  of  the  secretary  of  State,  in  case 
the  whole  of  the  capital  stock  is  not  before  subscribed, 
continue  to  receive  subscriptions  until  the  whole  capital 
stock  is  subscribed;  at  the  time  of  subscribing  every 
subscriber  shall  pay  to  the  directors  10  per  centum  on  the 
amount  subscribed  by  him,  in  money,  and  no  subscription 
shall  be  received  or  taken  without  such  payment. 

Directors.  §  78.  That  there  shall  be  a  board  of  not  less 
than  nine  directors  of  every  corporation  formed  under  this 
Act  for  the  purpose  of  constructing  and  operating  a  rail- 
road or  railroads,  to  manage  its  affairs;  said  directors  shall 
be  chosen  annually  by  a  majority  of  the  stockholders  at 
such  election,  and  in  such  manner  as  may  be  prescribed 
in  the  by-laws  of  the  corporation,  and  they  may  and  shall 
continue  to  be  directors  until  others  are  elected  and 
qualified  in  their  places;  in  the  election  of  directors  each 
stockholder  shall  be  entitled  to  one  vote  for  each  share 
of  stock  held  by  him;  vacancies  in  the  board  of  directors 
shall  be  filled  in  such  manner  as  shall  be  prescribed  by  the 
by-laws  of  the  corporation;  the  inspectors  to  hold  the  first 
election  of  directors  shall  be  appointed  by  the  board  of 
directors  named  in  the  articles  of  association;  no  person 
shall  be  a  director  unless  he  shall  be  a  stockholder,  owning 
stock  absolutely  in  his  own  right,  and  qualified  to  vote  for 
directors  at  the  election  at  which  he  shall  be  chosen;  at 
every  election  of  directors  the  books  and  papers  of  such 
company  shall  be  exhibited  to  the  meeting  and  subject 
to  the  inspection  of  those  present,  provided  a  majority 
of  the  stockholders  present  shall  require  it. 

Organization.  §  79.  That  within  30  da^s  after  the  arti- 
cles of  association  are  filed  in  the  office  of  the  secretary 
of  State  the  directors  therein  named  shall  organize  by  the 
election  of  one  of  their  number  president;  they  may  also 
elect  a  treasurer  and  secretary  and  adopt  such  by-laws  as 
may  appear  to  be  proper  and  right  for  the  government  of 
the  corporation. 

§  80.  That  the  stoclt  of  every  company  formed  under 
this  Act  shall  be  deemed  personal  estate  and  be  trans- 
ferable in  the  manner  prescribed  by  the  by-laws  of  the 
company,  but  no  share  shall  be  transferable  until  all  pre- 
vious calls  thereon  shall  have  been  paid. 

Assessment  of  damages,  condemnation  proceedings.  §  81. 
That  whenever  any  corporation  created  under  this  Act,  can- 
not agree  with  the  owner  or  owners  of  any  land,  sand, 
earth,  gravel  or  other  materials  necessary  to  be  taken 
and  used  in  the  construction  of  the  said  railroad,  for  the 
purchase  thereof,  the  said  corporation  may  apply  to  the 
associate  judge  of  the  State  of  Delaware,  resident  in  the 
county  where  the  land  and  materials  necessary  to  be  taken 
are  located,  first  giving  the  other  party  or  owner,  at  least 
five  days'  notice  in  writing  of  the  intended  application  if 
within  the  State;  and  if  said  other  party  or  owner  be 
unknown  or  without  the  State,  then  such  notice  shall  be 
published  in  some  newspaper  in  the  county  in  which  the 
land  proposed  to  be  taken  is  located,  at  least  five  days 
prior  to  the  intended  application,  and  the  said  associate 
judge  shall  appoint  five  judicious  and  impartial  freeholders, 
to  view  the  premises  and  assess  the  damages  which  the 
owner  or  owners  will  sustain  by  reason  of  the  said  railroad 
passing  through,  taking  and  using  the  same.  The  said 
freeholders  shall  be  sworn  or  affirmed  before  some  judge, 
justice  of  the  peace,  or  notary  public,  before  entering  on 
the  premises,  faithfully  and  impartially  to  perform  the 
duties  assigned  them.  They  shall  give  10  days'  notice.  In 
writing,  to  the  owner  or  owners  of  the  premises  or  to  their 
guardian  or  guardians,  duly  appointed  according  to  law, 
If  within  the  State  and  the  same  to  the  president  of  the 
corporation  of  the  time  of  their  meeting  to  view  the 
premises;  and  the  said  commissioners  shall  certify  their 
finding  and  award  to  both  parties,  but  if  either  party  is 
dissatisfied  with  the  damages  so  assessed,  such  party  may 


on  application  to  the  prothonotary  of  the  Superior  Court 
of  the  State  of  Delaware,  in  and  for  the  county  where  the 
land  lies,  within  30  days  after  such  assessment,  sue  out 
a  writ  of  ad  quod  damnum,  requiring  the  sheriff  in  the 
usual  form,  to  inquire  of  12  impartial  men  of  his  bailiwick 
of  the  damages  as  aforesaid  and  their  report  shall  be  final; 
the  said  commissioners  shall  in  assessing  the  damages  as 
aforesaid,  award  at  least  the  actual  cash  value  of  the  land, 
sand,  earth,  gravel  or  other  materials  so  to  be  taken  and 
used,  as  aforesaid,  whereupon  the  corporation,  upon  pay- 
ing the  damages  so  assessed,  shall  become  entitled  to  have, 
hold,  use  and  enjoy  the  said  lands  and  materials  for  the 
purposes  by  them  required,  forever;  and  in  case  any  owner 
of  lands  necessary  and  taken  for  the  purpose  of  construc- 
tion of  the  said  railnoad,  shall  be  a  minor  or  a  non-resident, 
or  for  any  cause  incapable  of  receiving,  or  unwilling  or 
neglecting  to  receive  said  damages,  or  to  call  upon  the  said 
corporation,  for  the  same,  the  said  corporation  may  d3- 
posit  the  amount  of  the  said  damages  to  the  credit  of 
such  owner  or  owners,  in  the  Farmers'  Bank  in  the  county 
in  which  the  said  land  and  materials  taken  are  located, 
subject  to  his,  her  or  their  order  whereupon  the  said 
corporation  shall  be  entitled  to  have,  hold,  use  and  enjoy 
the  said  lands,  premises  and  materials  described  and  con- 
demned in  said  report  and  required  for  the  purposes  of  said 
corporation,  for  or  on  account  of  which  said  damages  shall 
have  been  assessed;  the  expenses  of  the  assessment  by 
the  said  commissioners  of  the  damages  aforesaid  and  the 
fees  of  the  said  sheriff,  prothonotary  and  all  costs  incurred 
in  the  execution  of  the  writ  of  ad  quod  damnum,  shall  la 
all  cases  be  paid  by  the  corporation. 

Width,  surveys,  etc.  §82.  That  any  railroad  construct*  1 
under  the  provisions  of  this  Act  shall  not  exceed  66  fe(  t 
in  width  unless  more  land  shall  be  required  for  the  slop«  s 
of  cuts  and  embankments,  with  as  many  sets  of  tracks  an  i 
rails  as  such  corporation  may  deem  necessary,  and  it  sha  1 
be  lawful  for  such  corporation,  its  agents,  engineer ;, 
superintendents,  or  others  in  its  employ  to  enter  at  a  1 
times  upon  all  lands  or  waters  for  the  purpose  of  e: - 
ploring,  surveying,  leveling  and  laying  out  the  rout  3 
or  routes  of  such  railroad,  and  of  locating  the  same,  an  i 
all  necessary  works,  buildings,  conveniences,  appurtei - 
ances  and  appendages  thereof,  doing  no  unnecessary  ii  - 
jury  to  private  or  other  property;  and  when  the  roul  a 
or  routes  of  such  railroad  and  the  location  or  locatioi  3 
of  all  other  works,  buildings,  conveniences,  appurtenanc<  s 
and  appendages  thereof,  shall  have  been  determine  1 
upon,  and  a  survey  of  such  route  or  routes,  location  c  r 
locations  deposited  in  the  office  of  the  secretary  of  Stat ', 
then  it  shall  be  lawful  for  every  such  corporation  forme  1 
under  this  Act,  upon  payment  or  tender  of  such  compen- 
sation as  hereinbefore  provided,  by  the  officers,  agent  i, 
engineers,  superintendents,  workmen  and  other  persoi  s 
in  their  employ,  to  construct,  maintain  and  operai  e 
a  railroad  with  a  single  or  double  track,  with  such  sic  e 
tracks,  turnouts,  offices,  stations  and  depots  as  they  may 
deem  necessary  at  and  between  the  points  named  in  tl  e 
articles  of  association,  commencing  at  or  within  and  e  i- 
tending  to  or  into  any  town,  city  or  village  named  as  tl  e 
place  of  terminus,  and  from  time  to  time,  either  befoi  e 
or  after  completion  of  the  main  line,  construct,  mai  i- 
tain  and  operate  branches  within  the  limits  of  ai  y 
county  through  which  said  road  may  pass,  lay  rail  3, 
and  £or  that  purpose  to  enter  upon,  tal:e  possession  cf, 
hold,  have,  use,  occupy  and  excavate  any  lands,  ar  d 
erect  any  embankments,  bridges  and  all  other  necessai  y 
works,  and  to  do  other  things  which  may  be  suitab.e 
or  necessary  for  the  completion,  repairs  or  management 
of  said  railroad,  and  for  the  conveyance  of  passengers 
and  freight  to  and  from  the  termini  thereof  by  steam 
power;  provided,  always,  that  the  payment  or  tend  ;r 
of  payment  of  all  damages  for  the  occupancy  of  til 
lands  through,  under  or  upon  which  said  railroad  and 
Its  conveniences,  appurtenances  and  appendages  may  bo 
laid  out  or  located,  be  made  before  the  said  corporation, 
or  any  person  imder  lis  direction  or  employ  shall  enter 
upon  or  break  ground  in  the  premises,  except  for  tlie 
purpose  of  surveying  and  laying  out  said  railroad  and  its 
conveniences,  appurtenances  and  appendages  and  of 
locating  the  same,  unless  the  consent  of  the  owner  or 
owners  of  such  lands  be  first  had  and  obtained;  and 
provided  further,  that  the  survey  of  the  route  of  any 
branch   shall   not  be  filed  in  the  office  of  the  secretary 


\ 


PuuLic  Service  Laws 


365 


of  Slate  until  the  officers  or  directors  of  the  corporation 
shall  have  deposited  with  the  State  treasurer  a  sum 
equal  to  at  least  ?2,000  lor  every  mile  and  a  proportionate 
sum  for  any  distance  less  than  a  mile,  of  such 
branch  which  it  is  proposed  to  construct,  and  the  said 
treasurer  shall  be  custodian  of  such  fund,  and  shall  hold 
the  same,  subject  to  be  repaid  to  the  directors  or 
treasurer  of  such  company  in  sums  of  $2,000  for  each 
mile  and  a  proportionate  sum  for  any  distance  less 
than  a  mile,  of  such  branch  upon  the  construction  of 
which  it  shall  be  proved  to  his  satisfaction  that  such 
amount  has  been  expended;  and  provided,  further,  that 
the  coWtruction  of  all  such  branches  shall  be  con}- 
menced  within  six  months  from  the  date  of  filing  the 
survey  thereof  as  aforesaid  and  shall  be  completed  and 
opened,  within  three  years  from  the  date  of  the  com- 
mencement  of   the   construction   as   aforesaid. 

It  shall  be  lawful  for  any  railroad  company  of  this 
State,  whether  created  by  prior  special  Act  or  under 
I  this  Act,  to  straighten,  widen  or  otherwise  improve 
'  the  whole  or  portions  of  its  line  or  lines  of  railroad 
and  the  structures  and  appurtenances  thereof,  in  such 
manner,  and  to  such  extent  as  its  board  of  directors 
may  determine  upon,  whenever,  in  the  opinion  of  such 
board,  the  same  may  be  necessary  for  better  securing 
the  safety  of  persons  and  property  and  increasing  the 
facilities  and  capacity  for  the  transportation  of  its 
traffic  and  to  acquire  all  land  and  materials  necessary 
therefor  by  agreement  with  the  owner  or  owners,  or,  on 
failure  to  so  agree,  in  the  manner  and  by  the  proceed- 
ings  prescribed   in   §  81  of  this  Act. 

Bridges,  passages,  etc.     §  83.     It  shall  be  the  duty  of 
every    railroad    corporation   organized    under    this   Act   to 
construct  and  keep   in  repair  good  and  sufficient  bridges 
and    passages    over,    under    or    across    the    said    railroad 
or  right  of  way  where  any  public  or  other  road,  street  or 
avenue,    now    or    hereafter    laid,    shall    cross    the    same, 
80  that  public  travel  on  the  said  road  shall  not  be  im- 
peded   thereby;     and    it    is    further    provided,    that    such 
bridges  and  passages  shall  be  such  width  and  character 
as  shall  be  suitable  to  the  locality  in  which  the  same  are 
situated;    and    also   where    the    said    road    shall   intersect 
any    farm    or   lands    of   any   individual,    to    provide   and 
keep     in   , repair     suitable     and     convenient     wagonways, 
over,    under   or   across   the   said   railroad,   and   shall   also 
construct  and   maintain   suitable  and   proper   cattleguards 
at  all  road  crossings;   provided,  always,  that  in  case  any 
such    railroad    shall    cross    any    street    or    streets,    high- 
way or  highways,  in  any  city  or  incorporated  town,  it  shall 
t)e  either  above  or  below  the  grade  of  said  street  or  streets, 
highway    or    highways    at    such    distance    as    shall    not 
Interfere  with  the  free  and  uninterrupted  use  of  such  street 
of  streets,  highway  or  highways;  provided,  further,  that  the 
council  of  any  city  or  the  commissioners  of  any  incorporated 
town,   or   other   persons   having  control   over   such   street 
or   streets,   highway  or   highways,   may   grant   permission 
to  said  corporation  to  cross  such  street  or  streets,  high- 
way or  highways  within  the  limits  of  the  respective  city 
or    incorporated    town    at   grade,    if   they    deem    it    to   be 
for   the   best   interest   of   the   city   or   incorporated   town; 
and    further   provided,    that   in   the   event   that   such    cor- 
poration shall  not,   within   a  reasonable   time  after  noti- 
fication  from   the   council   of    the   city  or   commissioners 
of  the  incorporated  town  or  other  persons  having  control 
over    such    street    or    streets,    highway    or    highways.    In 
which    such    bridges    and    passages    are    to    be    so    con- 
structed  or  repaired,   proceed  to  construct   or  repair  the 
same   as   required   by   this   Act,   the   said   council  or  com- 
missioners or  other  persons  aforesaid  may,  in  the  corpo- 
rate   name    of   such    city   or   town,   institute   proceedings 
In    the    Court    of    Chancery    against    such    corporation    to 
compel   the   specific   performance   of  the   duties   Imposed 
upon  such   corporation  by  this  section  of  this  Act,  and 
In  case  a  decree  shall  be  made  against  such  corporation 
In    said    proceedings,    commanding   it   to    specifically    per- 
form  said   duties   within   a  reasonable   time  to   be  fixed 
and  if  such  corporation  shall  neglect  or  refuse  to  specifi- 
cally  perform    such    duties    within    Such    time,    the   chan- 
cellor, upon  proof  of  such  neglect  or  refusal,  may  In  his 
discretion    issue    a    writ    of    injunction    to    restrain   said 
corporation    from    the    exercise   of    any   franchise   or    the 
transaction    of    any    business    in  ■  this    State    until    said 
corporation  shall  have  obeyed  the  command  of  said  de- 
cree and  shall  have  paid  the  costs  of  said  proceedings, 


Including  a  reasonable  allowance  to  the  solicitor  of 
such  city  or  town,  to  be  fixed  by  the  chancellor;  and 
further,  provided,  that  said  council  or  commissioners 
or  other  persons  aforesaid  in  the  event  of  the  failure 
of  such  corporation  to  construct  or  repair  such  bridges 
or  passages  within  a  reasonable  time  after  notification 
as  aforesaid,  may  if  they  deem  it  advisable  so  to  do, 
proceed  themselves  to  construct  or  repair  such  bridges 
or  passages,  and  when  the  costs  thereof  shall  have  been 
ascertained,  the  same  may  be  collected  of  and  from 
said  corporation  by  said  council  or  commissioners  or 
other  persons  aforesaid  by  an  action  at  law  in  any  court 
of  competent  jurisdiction;  provided,  further,  that  the 
permission  of  the  council  of  any  city,  or  of  the  commissioners 
of  any  incorporated  town  or  other  persons  hereinbefore 
referred  to,  shall  not  be  necessary  for  the  purpose  of 
crossing  any  street  or  streets,  highway  or  highways, 
at  grade,  unless  said  street  or  streets,  highway  or 
highways,  at  the  point  where  said  railroad  shall  cross, 
or  at  some  point  between  the  crossing  of  said  railroad 
and  the  nearest  terminus  of  said  street  or  streets, 
highway  or  highways,  shall  be  in  actual  use  by  and  for 
pedestrians  and  teams  at  the  time  of  acquirement  of 
the  right  of  way  of  said  railroad  across  such  street  or 
streets,  highway  or  highways. 

Crossings,  switches,  signals,  etc.     §  84.     That  any  rail- 
road corporation  created  under  this  Act  which  shall  have 
duly    located    the    route   of   its    railroad   by   a   survey   de- 
posited   in    the    office    of    the    secretary    of    State,    as    re- 
quired by  §  82  of  this  Act  as  amended,  shall  have  power 
In   the   construction   of  its   said   railroad   on   such   route, 
to    cross    any    canal,    navigable    stream    or    water-course 
between   its  termini,  but  in  such  manner  as  not  unnec- 
essarily to  Impede  the  navigation  and  use  thereof;   and 
shall  also  have  power  to  cross  any  railroad  or  railway  in- 
tervening between  such  termini  and  acquire  the  necessary 
easement    for    such    crossing    either    by    agreement    with 
the   corporation    owner   thereof   or,   on   failure   to   agree, 
by   condemnation   proceedings  In   the   manner   prescribed 
by  §  81  of  this  Act  as  amended ;   provided,  however,  that 
whenever    practicable    so    to    do,    the    crossing    at    grad« 
of   any   railroad   or   railway   shall   be   avoided,   but  If  not 
practicable,   the  crossing  may  be  at  a  grade   subject  to 
the  further  provisions  made  by  this  section  and  in  that 
event  It  shall  be  the  duty  of  the  corporation  whose  rail- 
road track  or  tracks  shall  cross  the  track  or  tracks  of 
such   other   railroad   or  railway   company,   at  its   own  ex- 
pense  to   erect   and    maintain   at   such   crossing   a  signal 
tower  and   signals   of  a  generally  approved   pattern   with 
an    electric    warning   attachment,    and    also    to    maintain 
an    Interlocking    system    with    derailing    switches,    and 
keep    a    competent    watchman    and    switchman    on    duty 
thereat;    and    the    trains    of   the    crossing   company   shall 
come   to   a   full   stop   at   least  200   feet  from   the  tracks 
of   the    railroad   or   railway   crossed;    and   the    trains   or 
cars    of    the    company   owning   or   operating   the   railroad 
or  railways   so   crossed  at  grade   shall  have   precedence 
and  priority  of  movement  over  the  trains  of  the  company 
constructing  the  crossing;   and  provided,  further,  that  no 
such   grade   crossing  shall  be  permitted  or  effected  until 
the    question    of    the    practicability    of    an    overhead    or 
undergrade     crossing    shall     have    been    considered    and 
determined   by   the    chancellor,   who   shall   upon   petition 
or   bill   of   the   company  desiring  to   effect   such   crossing 
at  grade,   have   full   power  and   jurisdiction   upon   notice 
to   and   answer   by   the   company   whose   tracks   are   pro- 
posed to  be  crossed,  to   hear  and  determine  the  matter 
by   an   appropriate   decree,   either   refusing  or   permitting 
the  crossing  at  grade,  and  if  permitted  to  prescribe  and 
regulate    by    such   decree    the   manner   and    character   of 
the  said  crossing,   together  with  such  safeguards  against 
collisions   thereat,   in   addition   to   those   by   this  section 
provided,    as    he   may   deem    proper;    with    the    right    of 
appeal    from    the    chancellor's    decree    to    the    Supreme 
Court  by  either  party,  as  in  other  cases  In  equity. 

Limitation  for  commencement  and  completion.  §  85. 
That  any  corporation  created  under  this  Act  for  the  pur- 
pose of  constructing  a  railroad,  shall  commence  the  pro- 
posed construction  within  six  months  from  the  date 
of  Its  organization,  and  complete  at  least  one  track  of 
said  road  within  three  years  from  the  date  of  the  com- 
mencement, as  aforesaid;  provided,  that  if  any  company 
or  corporation  organized  under  this  Act  shall  fail  to  com- 


366 


National  Association  of  Eailway  Commissioners 


ply  with  the  provisions  of  this  section,  it  shall  thereby 
forfeit  the  franchise  given  It  by  this  Act;  provided, 
further,  that  if  any  corporation  organized  under  this  Act 
shall  be  restrained,  prevented  or  enjoined  by  any  pro- 
ceedings whatever  at  law  or  in  equity  from  prosecuting 
the  work  on  Its  road,  or  from  opening  or  completing  its 
said  road,  the  time  during  which  any  such  corporation 
shall  be  ao  restrained,  prevented  or  enjoined,  shall 
not  be  taken  or  computed  as  any  part  of  the  time  al- 
lowed and  limited  in  this  section  for  the  opening  and 
completing  of  said  road. 

Power  to  borrow  money,  etc.  §  86.  Any  corporation 
organized  under  this  Act  for  the  construction  and  op- 
eration of  a  railroad,  shall  have  power  to  borrow  such 
sums  of  money,  from  time  to  time,  not  exceeding  in  the 
aggregate  double  the  amount  of  its  full  paid  capital 
stock,  as  shall  be  necessary  to  build,  construct  or  repair 
Its  road,  and  furnish  all  necessary  engines  and  other 
equipments  for  the  uses  and  objects  of  said  corporation, 
and  to  secure  the  repayment  thereof  by  the  execution, 
negotiation  and  sale  of  any  bond  or  bonds,  and  secure 
the  same  by  mortgage  on  said  lands,  privileges,  fran- 
chises and  appurtenances  of  and  belonging  to  said  cor- 
poration, provided  that  said  corporation  shall  not  plead 
any  statute  or  statutes  against  usury  In  any  court  of 
law  or  equity,  in  any  suit  Instituted  to  enforce  the  pay- 
ment of  any  bond  or  mortgage  executed  under  the 
provisions  of  this  section;  and  provided,  further,  that 
said  bonds  and  mortgages  shall  constitute  a  first  lien 
on  the  railroad.  Its  cars,  real  estate  and  franchises,  and 
the  proceeds  of  said  bonds  shall  be  used  for  the  pur- 
pose of  aiding  in  the  construction  of  said  railroad  and 
equipments;  and  provided,  further,  that  if  any  person 
or  persons  shall  issue  such  bonds  to  any  greater 
amount  than  double  the  amount,  at  the  time  of  such 
~lssue,  that  shall  have  been  actually  paid  up  on  the  cap- 
ital stock  of  such  railroad,  he,  she  or  they  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  more  than  $2,000  or  by  imprisonment  for 
not  more  than  three  years,  or  by  both  at  the  discretion 
of  the  court. 

Fences,  cattle  guards,  etc.  §  87.  Every  corporation  created 
under  this  Act  for  the  construction  of  a  railroad  shall 
erect  and  maintain  fences  on  both  sides  of  its  railroad, 
of  the  height  and  strength  of  a  fence  required  by  law 
with  openings  or  gates  or  bars  therein,  at  farm  cross- 
ings or  the  road  for  the  use  of  proprietors  of  lands 
adjoining  such  railroad;  and  shall  also  construct  and 
maintain  cattle  guards  at  all  the  road  crossings  suitable 
and  sufficient  to  prevent  cattle  and  other  animals  from 
getting  on  the  railroad;  and  until  such  fences  and  cattle 
guards  shall  be  duly  made,  the  corporation  shall  be 
liable  for  all  damages  which  shall  be  done  by  their 
engines  and  cars  to  cattle,  horses  or  other  animals  there- 
on; and  after  such  fences  and  guards  shall  be  duly 
made  and  maintained  the  corporation  shall  not  be  liable 
for  any  such  damages,  unless  negligently  or  wilfully 
done;  and  if  any  person  shall  ride,  lead  or  drive  any 
horse  or  other  animal  upon  such  railroad  and  within  such 
fences  and  guards  other  than  at  farm  crossings  without 
the  consent  of  the  corporation,  he  shall  for  every  such 
offense  forfeit  a  sum  not  -exceeding  $10,  and  shall  also 
pay  all  damages  which  shall  be  sustained  thereby  to 
the  party  aggrieved;  it  shall  not  be  lawful  for  any 
person  other  than  those  connected  with  or  employed 
upon  the  railroad  to  walk  along  the  track  or  tracks  of 
any  such  railroad,  except  when  the  same  be  laid  along 
public  roads  or  streets. 

Badge  of  conductor,  etc.  §  88.  Every  conductor,  bag- 
gage-master or  brakeman,  of  any  railroad  corporation, 
formed  under  this  Act,  employed  In  a  passenger  train, 
shall  wear  upon  his  hat  or  cap  a  badge  which  shall  indi- 
cate his  office,  and  the  initial  letters  of  the  name  of  the 
corporation  by  which  he  is  employed;  no  conductor  or 
collector  of  fares  or  tickets  without  such  badge  shall 
be  entitled  to  demand  or  receive  from  any  passenger 
any  fare  or  ticket,  or  to  exercise  any  powers  of  his 
office,  and  no  officer  without  such  badge  shall  have 
authority  to  meddle  or  interfere  with  any  passenger, 
his   baggage  or   property. 

Damaging  property  of  road.  §  89.  Any  person  who  shall 
wilfully  impair,  injure,  destroy  or  obstruct  the  use  of  any 
railroad   enjoyed  under  the  provisions  of  this  Act  or  any 


of  its  necessary  works,  wharves,  bridges,  carriages,  en- 
gines, cars,  machines  or  other  property,  shall  forfeit 
and  pay  to  the  corporation  the  sum  of  $50,  to 
be  by  it  recovered  in  any  court  having  competent  juris- 
diction, in  any  action  of  debt;  and  further  shall  be  liable 
for  all  damages  sustained. 

Annual  report  to  stockholders.  §  90.  It  shall  be  the 
duty  of  every  railroad  corporation  created  under  the 
provLsions  of  this  Act,  to  make  an  annual  report  to  the 
stockholders  of  its  operations,  which  report  shall  be 
verified  by  the  affidavit  of  the  secretary  treasurer,  super- 
intendent or  directors  of  the  corporation  and  shall  state: 
The  entire  length  of  the  road  in  operation,  the  length 
of  single  track,  the  length  of  double  track  and  the 
weight  of  rail  per  yard. 

The  full  amount  of  the  capital  stock  annually  sub- 
scribed and  the  full  amount  paid  thereon. 

The  entire  amount  of  the  actual  cost  of  the  road, 
showing  the  amount  expended  for  the  right  of  waj', 
bridging,  grading,  iron  and  other  buildings  respective!) , 
and  for  all  other  purposes  incidental  to  the  construc- 
tion of  such  road. 

The  nature  of  the  amount  of  its  indebtedness,  dif- 
tinguishing  the  first  or  other  mortgage  bonds,  and  tho 
unsecured  indebtedness  and  the  amount  due  the  cor- 
poration. 

The    amount    received    for   the    transportation    of   pas- 
sengers,   property    and    mails,   for    interest   and    from    al 
other    sources    respectively. 

The    amount    of    freight,    specifying    the    quantityfll 
tons   or  other   usual   mode   of  measurement.  ^Bi 

The  full  amount  paid  for  repairs  of  the  road,  build 
ings,  engines  and  cars  respectively,  for  fuel,  taxes  anc 
interest,  specifying  the  indebtedness  on  which  the  same 
is  paid;  for  the  wages  of  employes;  the  aggregate  amount 
paid  for  salaries  of  officers  and  for  any  other  purpose 
incidental  to  the  business  of  transportation,  so  as  to 
give  a  complete  statement  of  the  entire  annual  expense 
of  the  corporation. 

The  entire  amount  paid  for  loss  and  damage ~to 
freight  and   injury  to  i>erson   and  property. 

The   full   number  and   amount  of  dividends  and  wheo 

made  and  in  what  manner  such  dividends  have  been  paid. 

The  entire   amount  appropriated   to  sinking  fund,  and 

the  manner  in  which  the  same  has  been  applied,  and  the 

total   amount  then   held   by  such  sinking  fund. 

The  whole  number  of  persons  killed  or  injured,  the 
causes  thereof,  if  known,  and  whether  passengers  or 
persons  employed  by  the  corporation;  and  the  secretary 
of  each  railroad  corporation,  formed  as  aforesaid,  shall 
mail  to  every  stockholder  thereof,  whose  post-office 
ad'dress  is  known,  a  copy  of  said  annual  report  and  shall 
file  a  certified  copy  thereof  with  the  secretary  of  State 
on  or  before  the  expiration  of  15  days  from  the  making 
of  Bucli   annual  report. 

§91.  It  shall  be  lawful  for  any  railroad  company  of 
this  State,  whether  created  by  prior  special  Act,  or 
under  this  Act,  to  consolidate  with  any  other  railroad 
company  incorporated  under  the  laws  of  this  State, 
or  any  other  State,  or  of  the  United  States,  whose 
railroad  within  or  without  this  State  shall  connect,  or 
form  a  continuous  line,  with  the  railroad  of  the  com- 
pany so  consolidated.  Such  consolidation  shall  be  in 
the  manner  and  by  the  proceeding  in  this  Act  prescribed; 
and  the  corporation  created  thereby  shall  be  possessed 
of,  exercise  and  enjoy  all  the  rights,  powers  and  privi- 
leges which  this  Act  confers  upon  consolidated  compa- 
nies; and  it  shall  likewise  be  possessed  of,  exercise  and 
enjoy  all  the  franchises,  rights,  powers,  privileges,  im- 
munities and  benefits  which  any  corporation  of  this 
State  constituent  thereof  was  possessed  of  or  entitled  to 
exercise  under  its  charter  or  any  law  of  this  State; 
and  shall  be  subject,  within  this  State,  to  the  conditions 
and  restrictions  Imposed  by  its  charter  on  any  corpora- 
tion of  this  State  constituent  thereof;  provided,  how- 
ever, that  no  such  restriction  shall  prevent  the  consoli- 
dated company  from  acquiring  by  purchase  or  condem- 
nation, lands  required  for  any  of  the  purposes  authorized 
by  this  Act,  regardless  of  the  manner  in  which  the  lands 
shall  be  held,  occupied  or  used,  at  or  Immediately 
prior  to  the  time  of  such  acquisition. 

Signal  boards.    §  92.    Every  railroad  corporation  formed 
under  this  Act  shall  cause  signal  boards,  well  supported 


Public  Service  Laws 


367 


by  posts,  or  otherwise,  at  such  heights  as  to  be  easily 
Been  by  travelers,  and  not  obstructing  travel,  containing 
on  each  side,  In  capital  letters,  at  least  5  inches  high, 
the  following  inscription:  "Railroad  Crossing,"  to  be 
placed  and  constntly  maintained,  at  such  public  highway 
where  it  Is  crossed  by  the  railroad  at  the  same  level; 
but  such  board  need  not  be  put  up  in  cities  or  towns, 
unless    required    by    the    authorities    thereof. 

Gates,  flagmen,  etc.  §  93.  Whenever,  in  the  opinion  of 
the  authorities  of  any  city  or  incorporated  town,  the 
public  1  interest  requires  that  a  gate  be  erected  and 
maintaiWd,  or  a  flagman  stationed  and  kept  at  the 
place  where  any  highway  or  street  is  crossed,  within 
the  corporate  limits  of  such  town  or  city,  by  any  railroad 
constructed  undert  his  Act;  they  shall  give  the  supef- 
Intendent  or  manager  of  the  railroad  written  notice  that 
the  same  is  required  and  the  corporation  shall,  wi'hin 
the  time  prescribed  in  such  notice,  erect  and  maintain  at 
such  crossing  the  style  of  gate  directed  in  said  notice, 
and  keep  a  man  in  charge  of  the  same  during  such 
hours  as  the  said  authorities  may  designate,  or  keep 
a  flagman  at  such  crossing  during  such  hours  as  they 
may  require.  And  the  said  authorities  may  authorize 
the  discontinuance  of  such  gate  or  flagman  whenever 
In  their  judgment  the  public  interest  no  longer  requires 
the  same. 

Lighting  of  cars.  §  94.  No  passenger  car  on  any  rail- 
road of  any  corporation  organized  under  the  provisions  of 
this  Act  shall  be  lighted  by  naphtha  or  by  illuminating  oil 
or  fluid  made  in  part  of  naphtha,  or  of  any  oil  or  fluid 
which  will  ignite  at  a  temperature  of  less  than  300  de- 
grees  Fahrenheit. 

Air  brake.  §  95.  No  regular  or  other  passenger  train 
on  any  railroad  constructed  under  this  Act  shall  be  run 
without  an  air  brake,  or  some  equally  eifectlve  appliance 
for  controlling  the  speed  of  trains,  which  may  be  applied 
by  the  engineer  to  each  car  composing  the  train,  and 
which  shall  at  all  times  be  kept  in  good  condition  and 
ready  for  use  at  the  discretion  of  the  engineer. 

§  96.  Any  corporation  failing  to  comply  with  or 
violating  or  permitting  any  of  its  employes  or  agents  to 
violate  any  of  the  provisions  of  §  §  88,  92,  93,  94  and  95 
of  this  Act  as  amended  shall  in  addition  to  subjecting 
Itself  to  any  damages  that  may  be  caused  by  such  fail- 
ure or  violation  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  be  flned  for  failure  or  violation  not 
less   than   $100   nor  more  than   $500. 

Discrimination  in  charges,  etc.  §  97.  No  railroad  or 
railway  corporation  organized  under  this  Act  shall 
charge,  demand,  or  receive  from  any  person,  company 
or  corporation  for  the  transportation  of  passengers  or 
property  a  greater  sum  than  it  shall  charge  or  receive 
from  any  other  person,  company  or  corporation  for  like 
service,  from  the  same  place,  under  like  conditions, 
under  similar  circumstances,  and  for  the  same  period  of 
time.  For  every  violation  of  the  provision  of  this  section 
such  corporation  shall  be  liable  to  the  party  suffering 
thereby  in  double  the  entire  amount  so  charged  to 
such  party,  to  be  recovered  before  any  court  having 
jurisdiction  thereof;  provided,  however,  that  nothing  in 
this  section  shall  be  construed  to  prohibit  the  carriage 
or  handling  of  persons  or  property  free  or  at  reduced 
rates  for  the  United  States,  State  or  municipal  govern- 
ments, or  to  or  from  fairs  and  expositions  for  exhibitions 
thereof;  or  the  free  carriage  of  destitute  and  homeless 
persons  transported  by  charitable  societies  and  the  nec- 
essary agents  employed  in  such  transportation;  or  the 
Issuance  of  mileage,  e.fcursion  or  commutation  passen- 
ger tickets;  nor  to  prohibit  any  such  corporation  from 
giving  reduced  passenger  rates  to  ministers  of  religion 
solely  engaged  in  ministerial  duties  or  to  the  United 
States,  State  or  municipal  governments;  nor  to  pro- 
hibit any  such  corporation  from  giving  free  carriage  to 
their  own  officers  and  employes;  or  to  prevent  the 
principal  officers  of  any  such  corporation  from  exchang- 
ing passes  or  tickets'  with  other  railroad  corporations  for 
their  officers  and  employes;  nor  to  prohibit  any  such 
corporation  from  giving  reduced  rates  of  transportation 
to  other  railroad  corporations  for  railroad '  construction, 
material,   equipment   or   supplies. 

Fees  to  State.  §  98.  Every  railroad  corporation  organ- 
izi  (1   under   the   provisions   of   this   Act   shall   be   required, 


upon  filing  the  certificate,  to  pay  to  the  secretary  of 
State  the  fees  hereinafter  provided  for;  and  also  pay 
to  the  State  treasurer  for  the  use  of  the  State  such  tax 
as  is  required  by  the  provisions  of  chapter  458,  volume 
12,  of  the  laws  of  this  State,  entitled  "An  Act  to  raise 
revenue  for  this  State,"  and  chapter  392,  volume  13, 
of  the  laws  of  this  State,  entitled  "An  Act  taxing  rail- 
road and  canal  companies  in  this  State;"  provided,  how- 
ever, that  such  railroad  shall  be  entitled  to  the  rights 
of  commutation  therefor  as  is  provided  by  law  for  other 
railroad    corporations    of    this    State. 

Laying  pipes.  §  100.  It  shall  be  the  duty  of  every 
corporation  organized  under  the  provisions  of  this  Act 
in  laying  any  pipes  or  conduits  in  any  of  the  public  roads, 
highways,  streets,  avenues  and  alleys,  to  be  used  for  con- 
veying steam,  heat  or  power  to  lay  the  same  at  a  distance 
not  less  than  3  feet,  if  possible  from  the  outside  of  any 
water  or  gas  pipe  already  laid,  except  in  cases  where  It 
shall  be  necessary  that  said  pipes  or  conduits  shall  crosa 
any  such  water  or  gas  pipe,  and  there  such  pipes  or  con- 
duits shall  be  at  least  12  inches  distant  from  the  outside 
of  any  water  or  gas  pipe  already  laid. 

Electricity,  heat  and  power.  §  101.  Every  corporation 
.  organized  under  the  provisions  of  this  Act  for  the  purpose 
of  constructing,  maintaining  and  operating  works  for  the 
supply  and  distribution  of  electricity  for  electric  lights, 
heat  or  power,  shall  in  addition  to  the  powers  conferred 
upon  corporations  generally,  have  full  power  to  use  the 
public  roads,  highways,  streets,  avenues  and  alleys  in 
this  State  for  the  purpose  of  erecting  posts  or  poles  on  the 
same,  to  sustain  the  necessary  wires  and  fixtures;  pro- 
vided that  the  consent  of  the  council,  town  commissioners 
or  other  persons  having  control  over  the  public  roads,  high- 
ways, streets,  avenues  and  alleys  of  the  city,  town  and  dis- 
trict in  or  upon  which  the  said  posts  or  poles  are  to  be 
erected,  shall  first,  and  as  a  condition  precedent  be  ob- 
tained; and  provided,  further,  that  no  posts  or  poles  shall 
be  erected  in  any  street  of  any  city  or  incorporated  town 
except  in  those  streets  which  shall  be  designated  by  the 
said  authorities  thereof,  and  then  only  in  such  place  and 
manner  as  shall  be  thus  designated,  and  that  the  same 
shall  be  so  located  as  in  no  way  to  interfere  with  the 
safety  or  convenience  of  persons  traveling  on  or  over 
the  said  streets,  highways  and  roads;  and  that  the  use  of 
the  public  streets  In  any  of  the  cities  and  Incorporated 
towns  of  this  State  shall  be  subject  to  such  regulations 
and  taxation  as  may  be  first  imposed  by  the  corporate 
authorities  of  such  cities  and  towns;  and  provided,  also, 
that  no  posts  or  poles  shall  be  erected  upon  the  soil  or 
property  of  any  person  or  persons  without  first  obtaining 
the  consent  in  writing  of  the  owner  or  owners  of  the  soil 
or  property;  and  provided,  also,  that  any  wire  crossing 
a  railroad  shall  not  be  at  a  less  elevation  than  23  feet. 

Laying  pipes  or  conduits,  etc.  §  102.  Every  such  corpo- 
ration Is  authorized  and  empowered  to  lay  pipes  or  conduits 
and  to  lay  wires  therein  beneath  the  public  roads,  high- 
ways, streets,  avenues  and  alleys  as  they  may  deem  neces- 
sary; provided,  that  said  pipes  and  conduits  shall  be  laid 
at  least  2  feet  below  the  surface  of  the  same  and  shall 
not  in  any  wise  unnecessarily  obstruct  or  Interfere  with 
public  travel,  or  damage  public  or  private  property,  and 
shall  not  be  laid  nearer  than  3  feet,  except  as  Is  here- 
inafter excepted,  to  any  water  or  gas  main;  but  no  public 
streets  shall  be  opened  for  the  purpose  of  laying  any  such 
pipes,  conduits,  or  wires  without  the  consent  of  the  council 
of  any  city,  or  the  town  commissioners  of  any  incorporated 
town,  or  other  persons  having  control  over  said  public 
roads,  highways,  streets,  avenues  and  alleys;  and  provided, 
that  such  use  of  the  public  streets  in  any  of  the  cities  and 
towns  of  this  State  shall  be  subject  to  such  regulations, 
taxation  and  restrictions  as  may  be  first  Imposed  by  the 
corporate  authorities  of  such  cities  and  towns. 

Laying  wires.  §  103.  Every  corporation  in  laying  wires 
for  conveying  electricity  or  the  conduits  containing  said 
wires,  shall  lay  the  same  at  the  greatest  practical  dis- 
tance from  the  outside  of  any  water  or  gas  pipe  now  laid 
down,  and  when  it  is  practicable  and  so  provided  in  Its  per- 
mits such  distance  shall  not  be  less  than  3  feet,  except  In 
case  where  it  shall  be  necessary  that  the  said  wires  or 
conduits  shall  cross  or  intersect  any  such  water  or  gas 
pipe. 

Telegraph  or  telephone.     §  105.     That  any  telegraph  or 


368 


Natioxal  Association  of  Railway  Commissioners 


telephone  corporation  organized  under  the  provisions  of  this 
Act,  shall  in  addition  to  the  powers  conferred  upon  corpo- 
rations generally,  have  authority  to  occupy  and  use  the 
public  streets,  roads,  lanes,  alleys,  avenues,  turnpikes  and 
water-ways  within  this  State,  or  elsewhere,  if  they  shall 
•xtend  their  lines  and  business,  for  the  erection  of  poles 
and  wires  or  cable  or  underground  conduits,  portions  of 
which  they  may  lease,  rent  or  hire  to  other  like  companies; 
provided,  that  before  entering  upon  any  street,  road,  lane, 
alley,  avenue,  turnpike,  or  water-way  the  consent  of  thn 
authorities  having  jurisdiction  thereof  shall  have  first 
been  obtained  and  the  same  shall  be  used  and  occupied 
under  such  rules  and  regulations  as  shall  be  prescribed 
by  such  authorities;  and  that  the  portions  of  the  surfaces 
of  the  streets,  avenues  or  alleys,  disturbed  In  laying  the 
wires,  cables  or  underground  conduits,  shall  be  Immediately 
restored  to  their  original  condition  and  that  any  pavements 
which  are  removed  for  the  purpose  of  laying  or  repairing 
the  wires,  cables  or  underground  conduits,  shall  be  restored 
to  as  good  condition  as  they  were  previous  thereto,  and 
so  maintained  for  six  months  after  the  completion  of  the 
•works,  and  in  case  of  failure  on  the  part  of  the  corporation 
to  BO  restore  and  maintain  the  same,  the  proper  authorities 
having  supervision  of  the  streets,  avenues  and  alleys  may 
properly  restore  and  maintain  the  same  and  the  cost  thereof 
may  be  recovered  by  the  city,  town  or  district  from  the 
corporation  in  any  court  of  competent  jurisdiction;  pro- 
vided that  all  posts  or  poles  which  shall  be  erected  by 
authority  herein  conferred  shall  be  so  located  as  in  no  way 
to  Interfere  with  the  safety  or  convenience  of  persons 
traveling  on  or  over  the  said  roads  and  highways;  and 
provided  further,  that  all  wires  fastened  upon  posts  or 
poles  erected  as  aforesaid,  shall  be  placed  at  the  height 
of  not  less  than  20  feet  above  all  road  crossings,  and  23 
feet  above  railroad  crossings;  and  that  no  posts  or  poles 
shall  be  erected  upon  the  soil  or  property  of  any  person 
without  first  obtaining  the  written  consent  of  the  owner 
thereof. 

It  shall  be  lawful  for  any  telegraph  or  telephone  cor- 
poration or  corporations  of  this  State,  whether  created  by 
prior  special  Act  or  under  this  Act,  to  consolidate  with 
any  other  telegraph  or  telephone  company  or  companies 
Incorporated  under  the  laws  of  this  State,  or  any  other 
State,  or  of  the  United  States,  whose  telegraph  or  telephone 
line  or  lines,  within  or  without  this  State,  shall  connect 
or  form  a  continuous'  line  or  continuous  lines  with  the  tele- 
graph or  telephone  line  or  lines  of  the  company  or  com- 
panies so  consolidated.  Such  consolidation  shall  be  made 
In  the  manner  and  by  the  proceeding  in  this  Act  pre- 
scribed; and  the  corporation  created  thereby  shall  be 
possessed  of.  exercise  and  enjoy  all  the  rights,  powers  and 
privileges  which  this  Act  confers  upon  consolidated  com- 
panies; and  it  shall  likewise  be  possessed  of,  exercise  and 
enjoy  all  the  franchises,  rights,  powers,  privileges,  immuni- 
ties and  benefits  which  any  corporation  of  this  State, 
constituent  thereof,  was  possessed  of  or  entitled  to  exer- 
cise under  its  charter  or  any  law  of  this  State;  and  shall 
be  subject,  within  this  State,  to  the  conditions  and  restric- 
tions imposed  by  its  charter  on  any  corporation  of  this 
State,  constituent  thereof. 

Jnterurian  railways.  §  106.  Any  number  of  persons  not 
less  than  five  may  form  a  corporation  under  the  provisions 
of  this  Act,  which  corporation  so  formed  as  aforesaid, 
shall  have  perpetual  succession  for  the  purpose  of  con- 
structing, maintaining  and  operating  a  railway,  for  the 
transportation  of  freight  and  passengers,  the  carriages, 
coaches  and  cars  of  which,  to  be  moved  or  propelled  by 
electricity,  by  cable  or  motor  or  by  any  improved  motive 
power  other  than  steam  and  shall  do  and  perform  the 
several  matters  and  things  hereinafter  stated  and  shall 
have  and  exercise  all  the  rights,  powers  and  privileges  here- 
inbefore and  hereinafter  conferred  and  be  subject  to  all 
the  duties,  limitations,  restrictions  and  liabilities  herein' 
after  imposed  upon  such  corporations;  and  for  that  purpose 
may  make  and  sign  articles  of  association,  in  lieu  of  the 
articles  of  association  hereinbefore  required  by  the  provis- 
ions of  this  Act,  for  corporations  generally  and  for  rail- 
road corporations  where  steam  power  is  used,  in  whiclr 
•hall  be  stated: 

1.  The  name  of  corporation. 

2.  The  place  from  which  and  to  which  such  railway 
ii  to  be  constructed,  maintained  and  operated. 

3.  The  estimated  length  of  such  railway  and  the  name 


of  each  county  in  this  State  through  or  into  which  it  is 
intended  to  be  made. 

4.  The  amount  of  the  capital  stock  of  the  corporation 
which  shall  not  be  less  than  $2,000  for  every  mile  of  road 
proposed  to  be  constructed. 

5.  The  number  of  shares  of  which  said  capital  stock 
shall   consist. 

6.  The  names  and  places  of  residence  of  the  five  di- 
rectors of  the  corporation  who  shall  manage  its  affairs  for 
the  first  year  and  until  others  are  chosen  In  their  places; 
and  each  such  person  shall  subscribe  thereto  his  name, 
place  of  residence  and  the  number  of  shares  of  stock  he 
agrees  to  take  in  such  corporation.  At  least  one  of  said 
directors  shall  be  a  resident  of  this  State. 

7.  The  name  of  the  city,  town,  county  or  place  within 
the  county,  in  this  State,  in  which  its  principal  office  or 
place  of  business  will  be  located  in  this  State. 

Approval  of  judge,  filing,  etc.  §  107.  Said  articles  of 
association  shall  be  presented  to  one  of  the  judges  of  thu 
Superior  Court,  of  the  State  of  Delaware,  who  shall  ex- 
amine the  same,  and  if  found  to  conform  to  the  require- 
ments of  this  Act,  shall  endorse  his  certificate  thereon 
accordingly.  On  compliance  with  the  foregoing  provision 
and  the  requirements  of  the  next  succeeding  section,  which 
latter  shall  be  evidenced  by  the  receipt  of  the  State  treas- 
urer, delivered  to  the  secretary  of  State,  such  articles  o' 
association  may  be  filed  in  the  oiflce  of  the  secretary  o' 
State,  who  shall  endorse  thereon  in  writing  the  day  the} 
are  filed,  and  record  the  same  in  a  book  to  be  providet 
by  him  for  that  purpose;  and  upon  tendering  the  salt 
articles  to  the  secretary  of  State  to  be  filed,  the  personi 
who  have  so  subscribed  such  articles  of  incorporation  ant 
all  persons  who  shall  become  stockholders  in  such  corpora 
tlon  shall  be  a  corporation  by  the  name  specified  therein 
every  such  corporation  formed  under  this  Act,  in  additloi 
to  the  general  powers  hereinbefore  in  this  Act  set  forth 
shall  have  power: 

Adiiitional  powers.  1.  To  have  authority,  by  its  officer 
and  servants,  to  enter  upon  the  lands  or  waters  of  arij 
person  or  persons,  which  may  be  necessary,  to  make  sucl 
examination  and  surveys,  for  its  proposed  railway  as  shal 
be  required  to  be  made,  in  the  selection  of  the  most  ad 
vantageous  route,  but  subject  at  all  times  to  responsibllitj 
for  all  and  any  damages  which  shall  be  done  to  the  property 
of  any  such  person  or  persons. 

2.  To  aid  in  the  construction,  operation  and  mainten 
ance  and  accommodation  of  its  railway,  may  take  and  holi 
such  voluntary  grants  of  real  estate  and  other  property  ai 
shall  be  made  to  it,  but,  in  all  instances,  the  real  estati 
received  as  a  voluntary  grant  shall  be  held  and  used  fo: 
the  purpose  of  such  grant  only. 

3.  For  the  sole  purpose  of  the  construction,  operatloi 
and  maintenance  of  its  railway,  and  the  stations  and  othe 
accommodations  necessary  to  accomplish  the  object  of  it! 
Incorporation,  It  may  purchase,  hold,  and  use  all  sucl 
real  estate  and  other  property  as  may  be  necessary. 

4.  To  construct  its  road  and  lay  out  the  same  as  hereb; 
provided  and  for  the  purposes  of  cuttings   and  embank 
ments  to  take  as  much  more  land  as  may  be  necessary  o- 
required  for  the  proper  construction  and  security  of  thd 
road. 

5.  To  use   and  exercise  all  other  rights   and   power  i 
hereby  granted. 

Stock  required  to  be  paid.  §  108.  Articles  of  assocls 
tlon,  in  compliance  with  the  provisions  of  §  §  106  and  10.' 
of  this  Act  as  amended,  shall  not  be  filed  and  recorded  In 
the  oflSce  of  the  secretary  of  State  until  at  least  $500  o( 
stock  for  every  mile  of  railway  proposed  to  be  made  is 
subscribed  thereto  and  paid.  In  good  faith  and  In  cash,  to 
the  directors  named  In  said  articles  of  association,  nor 
until  the  directors  shall  have  deposited  the  said  monies 
so  subscribed  and  paid  to  them  with  the  State  treasurei, 
who  is  constituted  the  custodian  of  the  same,  and  shall 
hold  the  same,  subject  to  be  repaid  to  the  directors  of  th^; 
said  corporation,  or  to  the  treasurer  thereof,  in  sums  ol 
$500  for  each  mile  of  said  railway,  upon  the  construction 
of  which  It  shall  be  proved,  to  his  satisfaction,  that  the 
said  corporation  has  expended  at  least  the  sum  of  $500 
nor  until  there  is  endorsed  on  such  articles  of  association 
or  annexed  thereto,  an  affidavit,  made  by  at  least  three  ol 
the  directors  named  in  said  articles  of  association,  thai 
the   amount  of  stock  required  by  this   section   has  beei 


Public  Service  Laws 


369 


In  good  faith,  subscribed  and  paid  in  cash  as  aforesaid, 
•nd  that  it  is  intended,  in  good  faith,  to  construct  or  main- 
tain and  operate  the  railway  mentioned  in  such  articles  of 
association,  which  affidavit  shall  be  recorded  with  the  art- 
icles of  association  as  aforesaid. 

Subscriptions  to  stock,  10  per  cent  to  le  paid  on.  §  109. 
The  directors  named  in  said  articles  of  association,  may, 
when  such  articles  of  association  and  affidavit  are  filed  and 
recorded  in  the  office  of  the  secretary  of  State,  in  case 
the  whole  of  the  capital  stock  is  not  before  subscribed, 
contimie  to  receive  subscriptions  until  the  whole  capital 
stock  IS  subscribed ;  at  the  time  of  subscribing  every  sub- 
scriber shall  pay  to  the  directors  10  per  centum  on  the 
amount  subscribed  by  him,  in  money,  and  no  subscription 
shall  be  received  or  taken  without  such  payment. 

Directors.  §  110.  That  there  shall  be  a  board  of  not 
less  than  five  directors  of  every  corporation  formed  under 
this  Act  for  the  purpose  of  constructing  and  operating 
railways,  to  manage  its  affairs.  Said  directors  shall  be 
chosen  annually  in  the  same  manner  that  is  provided  for 
the  choosing  of  directors  for  railroads  as  provided  in  §  78 
of  this  Act,  as  amended,  and  the  inspectors  to  hold  the 
first  election  shall  be  appointed  by  the  board  of  directors 
named  in  the  articles  of  association;  no  person  shall  be  a 
director  unless  he  shall  -be  a  stockholder  owning  stock 
absolutely  in  his  own  right,  and  qualified  to  vote  at  the 
election  at  which  he  shall  be  chosen;  at  every  election  of 
directors  the  books  and  papers  of  such  company  shall  be 
exhibited  to  the  meeting  and  subject  to  the  inspection  of 
those  present,  provided  a  majority  of  the  stockholders 
present  shall  require  it. 

Organization.  §  111.  That  within  30  days  after  the 
articles  of  association  are  filed  in  the  office  of  the  secre- 
tary of  State,  the  directors  therein  named  shall  organize 
by  the  election  of  one  of  their  number  president;  they 
may  also  elect  a  treasurer  and  seci'etary  and  adopt  such 
by-laws  as  may  appear  to  be  proper  and  right  for  the  gov- 
ernment of  the  corporation. 

Stock,  personal  estate,  transfer  of.  §  112.  That  the 
stock  of  every  company  formed  under  this  Act  shall  be 
deemed  personal  estate  and  be  transferable  in  the  manner 
prescribed  by  the  by-laws  of  the  company,  but  no  share 
shall  be  transferable  until  all  previous  calls  thereon  shall 
have  been  paid. 

Assessment  of  damages,  etc.  §  113.  Whenever  any  cor- 
poration created  under  this  Act,  for  constructing,  main- 
taining and  operating  a  railway,  cannot  agree  with  the 
owner  or  owners  of  any  land,  sand,  earth,  gravel  or  other 
materials  necessary  to  be  taken  and  used  in  the  construc- 
tion of  the  said  railway,  for  tlje  purchase  thereof,  the  said 
corporation  may  proceed  for  the  condemnation  thereof  in 
the  manner  provided  for  in  §  81  of  this  Act  as  amended,  in 
relation  to  railroads;  and  when  the  damages  ascertained 
therefor  in  the  manner  provided  in  said  section  shall  have 
been  paid  or  deposited  in  the  proper  bank  as  therein  pro- 
vided, the  corporation  shall  become  entitled  to  have,  hold, 
use  and  enjoy  the  said  lands  and  materials  for  the  pur- 
poses by  them  required,  forever. 

Width,  surveys,  etc.  §  114.  That  any  railway  con- 
structed under  the  provisions  of  this  Act  shall  not  exceed 
40  feet  in  width,  unless  more  land  shall  be  required  for 
the  slopes  of  cuts  and  embankments,  with  as  many  sets 
of  tracks  and  rails,  as  such  corporation  may  deem  neces- 
sary, and  it  shall  be  lawful  for  such  corporation,  its  agents, 
engineers,  superintendents,  or  others  in  its  employ,  to 
enter  at  all  times  upon  all  lands  or  waters  for  the  purpose 
of  exploring,  surveying,  leveling  and  laying  out  the  route 
or  routes  of  such  railway,  and  of  locating  the  same,  and 
all  necessary  works,  buildings,  conveniences,  appurten- 
ances and  appendages  thereof,  doing  no  unnecessary  in- 
Jury  to  private  or  other  property;  and  when  the  route 
or  routes  of  such  railway  and  the  location  or  locations 
of  all  other  works,  buildings,  conveniences,  appurtenances 
and  appendages,  thereof,  shall  have  been  determined  upon, 
and  a  survey  of  any  such  route  or  routes,  location  or  loca- 
tions deposited  in  the  office  of  the  secretary  of  State,  then 
It  shall  be  lawful  for  every  such  corporation  formed  under 
this  Act,  upon  payment  or  tender  of  such  compensation 
as  hereinbefore  provided  by  its  officers,  agents,  engineers, 
superintendents,  workmen  and  other  persons  in  their  em- 
ploy, to  construct,  maintain  and  operate  a  railway  with  a 
single  or   double   track,   with   such   sidetracks,   turnouts. 


offices,  stations  and  depots  as  they  may  deem  necessary 
at  and  between  the  places  named  in  the  articles  of  asso- 
ciation, and  from  time  to  time,  either  before  or  after  com- 
pletion of  the  main  line,  construct,  maintain  and  operate 
branches  within  the  limits  of  any  county  through  which 
said  railway  may  pass,  lay  rails,  and  for  that  purpose  to 
enter  upon,  take  possession  of,  hold,  have,  use,  occupy  and 
excavate  any  lands,  and  erect  any  embankments,  bridges 
and  all  other  necessary  works,  and  to  do  all  other  things 
which  may  be  suitable  for  the  completion,  repairs  or  man- 
agement of  said  railway,  and  for  the  conveyance  of  passen- 
gers and  freight  to  and  from  the  termini  thereof  by  mo- 
tive power  other  than  steam;  provided,  always,  that  the 
payment  or  tender  of  payment  of  all  damages  for  the 
occupancy  of  all  lands  through,  under  or  upon  which  the 
said  railway  and  its  conveniences,  appurtenances  and  ap- 
pendages may  be  laid  out  or  located  be  made  before  the 
said  corporation,  or  any  person  under  its  direction  or  em- 
ploy shall  enter  upon  or  break  ground  in  the  premises, 
except  for  the  purpose  "of  surveying  and  laying  out  said 
railway  and  its  conveniences,  appurtenances  and  ap- 
pendages and  of  locating  the  same,  unless  the  consent  of 
the  owner  or  owners  of  such  lands  be  first  had  and  ob- 
tained; and  provided  further,  that  the  survey  of  the  route 
of  any  branch  shall  not  be  filed  in  the  office  of  the  secre- 
tary of  State  until  the  officers  or  directors  of  the  corpora- 
tion shall  have  deposited  with  the  State  treasurer  a  sum 
equal  to  at  least  $500  for  every  mile,  and  a  proportionate 
sum  for  any  distance  less  than  a  mile,  of  such  branch 
which  it  Is  proposed  to  construct,  and  the  said  treasurer 
shall  be  custodian  of  such  fund,  and  shall  hold  the  same  sub- 
ject to  be  repaid  to  the  directors  or  treasurer  of  such  com- 
pany in  sums  of  $500  for  each  mile  and  a  proportionate  sum 
for  any  distance  less  than  a  mile,  of  such  branch  upon  the 
construction  of  which  it  shall  be  proved  to  his  satisfaction 
that  such  amount  has  been  expended;  and  provided  fur- 
ther, that  the  construction  of  all  such  branches  shall  be 
commenced  within  six  months  from  the  date  of  filing  the 
survey  thereof  as  aforesaid,  and  shall  be  completed  and 
opened  within  two  years  from  the  date  of  the  commence- 
ment of  the  construction  as  aforesaid. 

It  shall  also  be  lawful  for  any  railway  company  of  this 
State,  whether  created  by  prior  special  Act  or  under  this 
Act,  to  straighten,  widen  or  otherwise  improve  the  whole 
or  portions  of  its  line  or  lines  of  railway  and  the  struc- 
tures and  appurtenances  thereof,  in  such  manner,  and  to 
such  extent  as  its  board  of  directors  may  determine  upon, 
whenever,  in  the  opinion  of  such  board,  the  same  may  be 
necessary  for  better  securing  the  safety  of  persons  and 
property  and  increasing  the  facilities  and  capacity  for  the 
transportation  of  its  traffic,  and  to  acquire  all  land  and 
materials  necessary  therefor  by  agreement  with  the  owner 
or  owners,  or  on  failure  to  so  agree,  in  the  manner  .and 
by  the  proceedings  prescribed  by  §  81,  as  provided  in 
§  13,  of  this  Act. 

Bridges  and  passages.  §  115.  It  shall  be  the  duty  of 
every  railway  corporation  organized  under  this  Act,  to 
construct  and  keep  in  repair  good  and  sufficient  bridges 
and  passages  over,  under  or  across  the  said  railway  or 
rlg"ht-of-way  where  any  public  or  other  road,  street  or 
avenue  now  or  hereafter  laid  out  shall  cross  the  same,  so 
that  public  travel  on  the  said  road  shall  not  be  impeded 
thereby;  and  it  is  further  provided,  that  such  bridges 
shall  be  of  such  width  and  character  as  shall  be  suitable 
to  the  locality  in  which  the  same  are  situated;  and  also 
where  the  said  railway  shall  intersect  any  farm  or  lands 
of  any  individual,  to  provide  and  keep  in  repair  suitable 
and'  convenient  wagonways  over,  under  and  across  the 
said  railway,  and  shall  also  construct  and  maintain  suitable 
and  proper  cattle  guards  at  all  road  crossings;  provided,  al- 
ways, that  in  case  any  such  railway  shall  cross  any  street 
or  streets,  highway  or  highways,  in  any  city  or  incor- 
porated town,  it  shall  be  either  above  or  below  the  grade 
of  said  street  or  streets,  highway  or  highways,  at  such 
distance  as  shall  not  interfere  with  the  free  and  uninter- 
rupted use  of  such  street  or  streets,  highway  or  highways; 
provided  further,  that  the  council  of  any  city  or  the  com- 
missioners of  any  incorporated  town,  or  other  persons  hav- 
ing authority  or  control  over  said  highways  and  streets 
respectively,  may  grant  permission  to  said  corporation  to 
cross  such  street  or  streets,  highway  or  highways,  within 
the  limits  of  the  respective  city  or  incorporated  town  at 
grade,  if  they  shall  deem  it  to  be  for  the  best  Interest  of 


370 


Xational  Associatiox  of  Railway  Commissioners 


the  city  or  incorporated  town;  and  further  provided,  that 
in  the  event  that  such  corporation  shall  not,  within  a  rea- 
sonable time  after  notification  from  the  council  of  the  city 
or  commissioners  of  the  incorporated  town  or  other  per- 
sons having  authority  or  control  over  said  highways  and 
streets,  respectively,  in  which  such  bridges  and  passages 
are  to  be  constructed  or  repaired,  proceed  to  construct  or 
repair  the  same  as  required  by  this  Act,  the  said  council 
or  commissioners  or  other  persons  having  authority  or 
control  over  said  highways  and  streets,  respectively,  may 
in  the  corporate  name  of  such  city  or  town,  institute  pro- 
ceedings in  the  Court  of  Chancery  against  such  corpora- 
tion to  compel  the  specific  performance  of  the  duties  im- 
posed upon  such  corporation  by  this  section  of  this  Act, 
and  in  case  a  decree  shall  be  made  against  such  corpora- 
tion in  said  proceedings,  commanding  it  to  specifically 
perform  said  duties  within  such  time,  the  chancellor,  upon 
proof  of  such  neglect  or.  refusal,  may  in  his  discretion. 
Issue  a  writ  of  injunction  to  restrain  said  corporation  from 
the  exercise  of  any  franchise  or  the  transaction  of  any 
business  in  this  State  until  the  said  corporation  shall  have 
obeyed  the  command  of  such  decree  and  paid  the  costs  of 
said  proceedings;  and  further  provided,  that  the  said 
council  or  commissioners  or  other  persons  having  author- 
ity or  control  over  said  highways  and  streets,  respectively, 
in  the  event  of  the  failure  of  such  corporation  to  construct 
or  repair  such  bridges,  or  passages  within  a  reasonable 
time  after  notification  as  aforesaid,  may  if  they  deem  it 
advisable  so  to  do,  proceed  themselves  to  construct  and 
repair  such  bridges  or  passages,  and  when  the  costs  thereof 
shall  have  been  ascertained,  the  same  may  be  collected  of 
and  from  said  corporation  by  said  council  or  commissioners 
or  other  persons  having  authority  or  control  over  said 
highways  and  streets,  respectively,  by  an  action  at  law  in 
any  court  of  competent  Jurisdiction;  provided  further,  that 
the  permission  of  the  council  of  any  city  or  the  commis- 
sioners of  any  incorporated  town  or  other  persons  having 
authority  or  control  over  said  highways  and  streets,  re- 
spectively, hereinbefore  referred  to,  shall  not  be  necessary 
for  the  purpose  of  crossing  any  street  or  streets,  highway 
or  highways  at  grade,  unless  said  street  or  streets,  high- 
way or  highways,  at  the  point  where  said  railway  shall 
cross  or  at  some  point  between  the  crossing  of  said  rail- 
way and  the  nearest  terminus  of  said  street  or  streets, 
highway  or  highways,  shall  be  in  actual  use  by  and  for 
pedestrians  and  teams  at  the  time  of  the  acquirement  of 
the  right  of  way  of  said  railway  across  such  street  or 
streets,  highway  or  highways. 

Crossings,  etc.  §  116.  That  any  railway  corporation 
created  under  this  Act,  which  shall  have  duly  located  the 
route  of  its  railway  by  a  survey  deposited  in  the  ofllce  of 
the  secretary  of  State,  as  required  by  §  114  of  this  Act  as 
amended,  shall  have  power  in  the  construction  of  its  said 
railway  on  such  route,  to  cross  any  canal,  navigable  stream 
or  water  course  between  its  termini,  but  in  such  manner 
as  not  unnecessarily  to  impede  the  navigation  and  use 
thereof;  and  shall  also  have  power  to  cross  any  railway 
or  railroad  intervening  between  such  termini  and  acquire 
the  necessary  easement  for  such  crossing  either  by  agree- 
ment with  the  corporation  owner  thereof  or,  on  failure  to 
agree,  by  condemnation  proceedings  in  the  manner  pre- 
scribed by  §  81  of  this  Act  as  amended;  provided,  how- 
ever, that  whenever  practicable  so  to  do  the  crossing  of 
any  railroad  at  grade  shall  be  avoided,  but  if  not  practi- 
cable, the  crossing  may  be  at  grade,  subject  to  the  further 
provision  in  this  section  contained,  and  in  that  event,  it 
shall  be  the  duty  of  the  corporation  whose  railway  track 
or  tracks  shall  cross  the  track  or  tracks  of  the  raill-oad 
company,  to  so  construct  its  railway  track  or  tracks,  as 
that  on  each  side  of  the  right  of  way  of  the  railroad  com- 
pany so  crossed  and  at  a  safe  and  convenient  distance 
therefrom,  there  shall  be  a  disconnection  in  each  rail  of  the 
railway  tracks  capable  of  being  connected  by  means  of  a 
switch  arrangement  whereby  the  said  railway  tracks  may 
be  made  continuous  for  the  passage  of  the  cars  of  the 
railway  company  over  the  right  of  way  and  tracks  of  the 
railroad  company,  which  shall  be  operated  at  the  expense 
of  the  railway  company  by  a  competent  agent  thereof  who 
shall  always  be  on  duty  at  said  crossing  tot  this  purpose; 
and  provided  further,  that  no  such  grade  crossing  shall  be 
permitted  or  effected  until  the  question  of  the  practicability 
of  an  overhead  or  undergrade  crossing  shall  have  been 
considered  and  determined  by  the  chancellor,  who  shall 


upon  the  petition  or  bill  of  the  company,  desiring  to  effect 
such  crossing  at  grade,  have  full  power  and  Jurisdicttoi 
upon  notice  to,  and  answer  by  the  company  whose  tracks 
are  proposed  to  be  so  crossed,  to  hear,  and  determine  the 
matter  by  an  appropriate  decree,  either  refusing  or  per 
mitting  the  crossing  at  grade,  and  if  permitted,  to  prescribe 
and  regulate  by  such  decree  the  manner  and  character  ol 
the  said  crossing,  together  with  such  safeguards  against 
collisions  thereat  in  addition  to  those  by  this  section  pro 
vided  for  as  he  may  deem  proper,  with  the  right  of  appeal 
from  the  chancellor's  decree  to  the  Supreme  Court  by 
either  party  as  in  other  cases  in  equity;  and  provided  fur- 
ther that  any  railway  may  cross  any  other  railway  either 
at  grade,  or  overhead  or  undergrade  by  an  adequate  struc 
ture,  which,  if  undergrade,  shall  be  so  located  and  con- 
structed as  not  to  disturb  the  roadbed  so  intersected,  or, 
it  overhead,  shall  be  at  such  an  elevation  as  not  to  impede 
or  interfere  with  the  free  and  safe  passage  of  the  cars  en 
the  railway  so  crossed. 

Limitation  for  commencement  and  completion.  §  117 
That  any  corporation  created  under  this  Act  for  the  pur- 
pose of  constructing  a  railway,  shall  commence  the  pro- 
posed construction  within  six  months  from  the  date  of  iia 
organization  and  complete,  at  least,  one  track  of  said  rail- 
way within  two'  years  from  the  date  of  commencement,  £  a 
aforesaid;  provided,  that  if  any  such  company  or  corpora- 
tion organized  under  this  Act  shall  fail  to  comply  with  the 
provisions  of  this  section,  it  shall  thereby  forfeit  the  fran- 
chises given  it  by  this  Act;  provided  further,  that  if  any 
•uch  corporation  organized  under  this  Act,  shall  be  r^ 
strained,  prevented  or  enjoined  by  any  proceedings  wha  ■ 
ever  at  law  or  in  equity  from  prosecuting  the  work  on  its 
railway,  or  from  opening  or  completing  its  said  railwa;  , 
the  time  during  which  any  such  corporation  shall  be  s  3 
restrained,  prevented  or  enjoined  shall  not  be  taken  c  r 
computed  as  any  part  of  the  time  allowed  and  limited  i  i 
this  section  for  the  opening  and  completing  of  said  railwa:  . 

Borrowing  money,  bonds,  etc.  §  118.  Any  corporatio  i 
organized  under  this  Act  for  the  construction  and  open  ■ 
tion  of  a  railway  shall  have  power  to  borrow  such  sum  i 
of  money,  from  time  to  time,  not  exceeding  in  the  aggr<  ■ 
gate  double  the  amount  of  its  full  paid  capital  stock  a  i 
shall  be  necessary  to  build,  construct  or  repair  its  rai  - 
way,  and  furnish  all  necessary  cars  and  equipments  for  th  ; 
use  and  o'bjects  of  said  corporation,  and  to  secure  the  r<  ■ 
payment  thereof  by  the  execution,  negotiation  and  sale  c  i 
any  bond  or  bonds,  secured  by  mortgage  on  said  landi  , 
privileges,  franchises  and  appurtenances  of  and  belongln  ; 
to  the  said  corporation,  provided  that  said  corporation  sha  I 
not  plead  any  statute  or  statutes  against  usury  in  any  coui  l 
of  law  or  equity,  in  any  suit  instituted  to  enforce  the  pa;  - 
ment  of  any  bond  or  mortgage  executed  under  the  pn  - 
visions  of  this  section;  and  provided  further,  that  sal  I 
bonds  and  mortgages  shall  constitute  a  first  lien  on  th  ; 
railway,  its  cars,  real  estate  and  franchises  and  the  pn  - 
ceeds  of  said  bonds  shall  be  used  for  the  purpose  of  aidin ; 
in  the  construction  and  operation  of  said  railway;  an  I 
provided  further,  that  if  any  person  or  persons  shall  Issu  ? 
such  bonds  to  any  greater  amount  than  double  the  amoun  . 
at  the  time  of  such  issue  that  shall  have  been  actually  pal  1 
up  on  the  capital  stock  of  such  railway,  he,  she  or  the; , 
shall  be  guilty  of  a  misdemeanor  and  shall  be  punlshe  I 
by  a  fine  of  not  less  than  $2,000,  or  by  imprisonment  for 
not  more  than  three  years  or  by  both,  at  the  discretion  cf 
the  court. 

§  119.  The  provisions  of  §  87  of  this  Act,  as  amendec , 
shall  be  applicable  to  all  railways  that  may  be  located  anl 
constructed  under  this  Act  elsewhere  than  on  turnpikeii, 
1    'hways  or  public  roads. 

Injury  to  property  of  road,  penalty.  §  120.  Any  person 
who  wilfully  or  maliciously  obstructs  any  railway  com- 
pany in  the  legal  use  of  its  tracks,  or  delays  the  passing 
of  the  cars  or  railway  carriages  thereon  or  aids  or  abets 
such  detention  or  delay,  shall  be  punished  by  a  fine 
not  exceeding  fifty  dollars,  to  be  by  it  recovered  in  any 
court  having  competent  jurisdiction  in  an  action  of 
debt;  and  further  shall  be  liable  for  all  damages  sus- 
tained. 

fSignal  boards.  §  121.  Every  railway  corporation  formed 
under  this  Act  shall  cause  signal  boards,  well  supported 
by  posts,  or  otherwise,  at  such  heights  as  to  be  easily 
seen  by  travelers,  and  not  obstructing  travel,  contain- 
ing on  each  side  in  capital  l«tters,  at  least  5  iDchers  high. 


Public  Service  Laws 


371 


the  following  inscription:  "Railway  Crossing,"  to  be 
placed  and  constantly  maintained,  at  such  public  high- 
way where  it  is  crossed  by  the  railway  at  the  same  level; 
but  such  boards  need  cot  be  put  up  in  the  cities  or 
towns,  unless  required  by  the  authorities  thereof. 

Any  corporation  failing  to  comply  with  or  violating 
or  permitting  any  of  its  employes  or  agents  to  violate 
any  of  the  provisions  of  this  section,  shall  in  addition 
to  subjecting  itself  to  any  damages  that  may  be  caused 
by  such  failure  or  violation,  be  guilty  of  a  misdemeanor 
and,  ,upon  conviction  thereof,  be  fined  for  each  failure 
or  violation,  not  less  than  $100  nor  more  than  $500. 

Annual  report  to  stockholders.  §  122.  It  shall  be  the 
duty  of  every  railway  corporation  created  under  the  pro- 
vision of  this  Act,  to  make  an  annual  report  to  the  stock- 
holders of  its  operations  during  the  year,  which  report 
shall  be  verified  by  the  affidavit  of  the  secretary  and 
treasurer  and  shall  state: 

The  entire  length  of  the  railway  in  operation,  the 
length  of  single  track  and   the  length  of  double  track. 

The  full  amount  of  the  capital  stock  actually  sub- 
scribed  and   the   full   amount   paid   thereon; 

The  entire  amount  of  the  actual  cost  of  the  railway, 
showing  the  amount  expended  for  the  right  of  the  way, 
bridging,  grading,  iron  and  building,  resi)ectively,  and  for 
all  other  purposes  incidental  to  the  construction  of 
such  railway; 

The  nature  and  amount  of  its  indebtedness,  distin- 
guishing the  first,  second  and  third  mortgage  bonds,  and 
the  unsecured  indebtedness  and  the  amount  due  the 
corporation. 

The  amount  received  from  all  sources  whatever  and 
the   full   amount  expended   for   all   purposes; 

The  entire  amount  paid  for  loss  and  damage  to 
freight   and   Injury   to   person   and   property; 

The  full  number  and  amount  of  dividends  and  "when 
made  and  in  what  manner  such  dividends  have  been 
paid; 

The  entire  amount  appropriated  to  sinking  fund 
and  the  manner  in  which  the  same  has  been  applied, 
and  the  total  amount  then  held  by  such  sinking  fund; 
the  secretary  of  each  railway  corporation,  formed  as 
aforesaid,  shall  mail  to  every  stockholder  thereof,  whose 
lostcffiee  address  is  known,  a  copy  of  said  annual  re- 
port and  shall  file  a  certified  copy  thereof  with  the  sec- 
retary  of   State   on   or   before   the  expiration   of  15   days. 

§  123.  It  shall  be  lawful  for  any  railway  company 
of  this  State,  whether  created  by  prior  si)ecial  Act,  or 
under  this  Act,  to  consolidate  with  any  other  railway 
incorporated  under  the  laws  of  this  State  or  any  other 
State,  or  of  the  United  States,  whose  railway  within 
or  without  this  State  shall  connect,  or  form  a  continuous 
line,  with  the  railway  of  the  company  so  consolidated. 
Such  consolidation  shall  be  made  in  the  manner  and  by 
the  proceeding  in  this  Act  prescribed;  and  the  corpora- 
tion created  thereby  shall  be  possessed  of,  exercise  and 
enjoy  all  the  rights,  powers  and  privileges  which  this  Act 
confers  upon  consolidated  companies;  and  it  shall 
likewise  be  possessed  of,  exercise  and  enjoy  all  the  fran- 
chises, rights,  powers,  privileges,  immunities  and  benefits 
which  any  corporation  of  this  State  constituent  thereof 
was  possessed  of  or  entitled  to  exercise  under  its  charter 
or  any  law  of  this  State;  and  shall  be  subject,  within 
this  State,  to  the  conditions  and  restrictions  imposed  by 
Its  charter,  or  any  corporation  of  this  State  constituent 
thereof. 

Fees  to  State.  §  124.  Every  railway  corporation  organ- 
ized under  this  Act  shall  be  required,  upon  filing  its 
certificate,  to  pay  to  the  secretary  of  State  the  fees 
hereinafter  provided  for;  and  also  pay  such  tax  or  taxes 
as  are  or  may  be  imposed  by  law  or  by  any  authority 
having  jurisdiction. 

Prohibited  from  using  street  ivhere  other  track  is  laid. 
I  125.  That  no  railway  shall  be  authorized  or  empowered 
hereunder  nor  shall  any  consent  or  authorization  of  any 
board  of  officials,  city,  county  or  hundred,  be  held 
to  authorize  any  railway  to  be  constructed,  maintained 
Or  operated  upon  any  street  upon  which  any  track  Is 
laid  and  the  road  is  in  operation  at  the  time  when 
such  authority  or  consent  is  asked  for. 

Provided,  however,  that,  if  in  the  opinion  of  the  board 
of  directors  of  the  street  and  sewer  department  of  the 
city    of    Wilmington    the    use    by    another    railway    com- 


pany of  East  Fourth  street  between  Church  street  and 
the  Westerly  curb  line  of  Bridge  street  will  promote 
the  public  interest,  it  shall  and  may  be  lawful  for  said 
board  of  directors  to  authorize  the  construction,  mainte- 
nance and  operation  of  another  railway  upon  said  East 
Fourth  street  between  Church  street  and  the  Westerly 
curb  line  of  Bridge  street: 

Provided,  further,  however,  that  such  railway  com- 
pany so  authorized  to  use  East  Fourth  street  shall  have 
been  duly  created  under  and  fully  complied  with  the 
provisions  of  said  chapter  394,  volume  22;  Laws  of  Dela- 
ware, and  is  actually  engaged  in  the  maintenance  and 
operation  of  a  railway  or  railways  in  the  city  of  Wil- 
mington: 

And  provided  further,  however,  that  such  railway 
company  so  authorized  to  use  East  Fourth  street  as  pro- 
vided in  this  amendatory  Act  shall  construct,  maintain 
and  operate  its  lines  of  railway  so  authorized  on  East 
Fourth  street  between  the  southerly  curb  line  of  said  East 
Fourth  street  and  the  southerly  rail  of  the  railway 
tracks  of  the  The  Wilmington  City  Railway  Company  as 
now  laid  on  said  portion  of  said  street,  it  shall  be  lawful 
however  for  the  railway  company  so  authorized  as  afore- 
said by  proper  curves  and  connections  to  cross  the 
tracks  of  The  Wilmington  City  Railway  Company  on 
East  Fourth  street  at  the  intersection  of  Church  street 
with  East  Fourth  street. 

Lines  of  telegraph  and  telephone  for  use  of  road.  §  126. 
That  it  shall  be  lawful  for  every  railroad  or  railway 
corporation  organized  under  the  provisions  of  this  Act 
or  existing  under  the  laws  of  this  State  and  they  are 
hereby  authorized  and  empowered  to  erect,  establish  and 
maintain  a  line  or  lines  of  telegraph  or  telephone  for 
their  own  use,  along  and  upon  lands  and  right  of  way 
of  such   railroad   or  railway  corporations. 

Words  defined.  §  127.  Whenever  the  words  "directors" 
and  "managers"  appear  in  any  of  the  provisions  of  this 
Act,  they  shall  be  construed  to  be  synonymous  terms; 
and  whenever  the  word  "railroad"  occurs  it  shall  be 
construed  to  be  a  road,  the  engines,  cars,  carriages  and 
coaches  on  which  are  propelled  by  steam  power;  and 
whenever  the  word  "railway"  occurs,  it  shall  be  con- 
strued to  be  a  road,  the  cars,  carriages  and  coaches  on 
which  are  propelled  by  electricity,  by  cable,  motor  or 
by  any  improved  motive  power,  other  than  steam. 

Copies,  etc.,  evidence.  §  128.  That  a  copy  of  any  arti- 
cles of  association  for  the  construction  of  railways  filed 
and  recorded  in  pursuance  to  the  provisions  of  this 
Act,  or  of  the  record  thereof,  with  a  copy  of  the  affidavit 
aforesaid  endorsed  thereon  or  annexed  thereto,  and  duly 
certified  to  be  a  copy  by  the  secretary  of  State,  shall  be 
presumptive  evidence  of  the  incorporation  of  such  cor- 
poration and   of  the  fact  therein  stated. 

FRANCHISE  TAX. 

An  Act  to  raise  revenue  for  the  State  by  taxing  certain 

corporations. — 1899. 
Be  it  enacted  hy  the  senate  and  house  of  representatives  of 

the  State  of  Delaioare,  in  general  assembly  met: 
Subjects  of  taxation.  §  1.  That  every  telegraph,  tele- 
phone, cable  or  electric  light  company,  or  company  or- 
ganized for  the  distribution  of  electricity,  heat  or  power, 
or  organized  for  the  purpose  of  producing  or  distributing 
steam,  heat  or  power,  every  express  company,  not  owned 
by  a  railroad  company  and  not  otherwise  taxed,  every  com- 
pany organized  for  the  purpose  of  the  production,  distribu- 
tion, or  sale  of  gas,  every  parlor,  palace,  or  sleeping  car 
company,  every  oil  or  pipe  line  company,  every  life  insur- 
ance company,  every  fire,  marine,  live  stock,  casualty  or 
accident  insurance  company,  except  mutual  fire  insurance 
companies  which  do  not  issue  policies  on  the  stock  plan, 
hereafter  incorporated  under  the  laws  of  this  State,  shall 
pay  an  annual  tax,  for  the  use  of  the  State  by  way  of  a 
license  for  its  corporate  franchise  as  hereinafter  men- 
tioned; provided,  however,  that  no  company  or  society  shall 
be  construed  to  be  a  life  Insurance  company  within  the 
purview  of  this  Act,  which,  by  its  certificate  of  incorpora- 
tion shall  have  for  its  object,  the  assistance  of  sick,  needy 
or  disabled  members,  the  defraying  of  funeral  expenses  of 
deceased  members,  or  to  provide  for  the  wants  of  the 
widows  and  families  of  members  after  death. 

Annual  report.  §  2.  That  on  or  before  the  first  Tuesday 
in  January  next  and  annually  thereafter,  it  shall  be  the 


372 


National  Association  of  Railway  Commissioneks 


duty  of  the  president,  treasurer  or  other  proper  officer, 
or  any  two  directors,  of  any  corporation  now  existing  or 
hereafter  to  be  incorporated  under  the  provisions  of  the 
laws  of  this  State  of  the  character  specified  in  preceding 
section,  to  incite  report  to  the  secretary  of  State,  stating 
specifically  the  location  of  its  principal  office  in  this  State, 
and  the  name  of  the  agent  upon  whom  service  of  process 
against  said  corporation  may  be  served  the  location  or 
locations  (town  or  towns,  city  or  cities,  street  or  streets 
and  number,  if  number  there  be)  of  the  place  or  places  of 
business  of  said  corporation  without  this  State;  the  name 
and  addresses  of  all  the  directors  and  officers  of  the  com- 
pany and  when  the  terms  of  each  expire;  the  amount  of 
its  authorized  capital  stock,  if  any,  and  the  amount  actu- 
ally paid  in;  the  date  appointed  for  the  next  annual  meet- 
ing of  the  stockholders  for  the  election  of  directors;  as 
well  also  the  following  particulars;  namely:  Each  tele- 
graph, telephone,  cable  or  express  company  not  owned  by 
a  railroad  company  and  not  otherwise  taxed,  shall  state 
the  gross  amount  of  its  receipts  from  business  done  in  this 
State  for  the  year  preceding  the  making  such  report; 
each  gas  company  and  electric  light  company  shall  state  the 
amount  of  its  receipts  for  light  or  power  supplies  within 
this  State  for  the  year  preceding  the  making  of  such  re- 
port, and  the  amount  of  dividends  declared  or  paid  during 
the  same  time;  each  company  organized  for  the  distribu- 
tion of  heat  or  power  or  organized  for  the  purpose  of  pro- 
ducing or  distributing  steam,  heat  or  power,  shall  state 
the  amount  of  its  receipts  for  the  distribution  of  heat  or 
power,  or  for  the  production  or  distribution  of  steam, 
heat  or  power  within  this  State  for  the  year  preceding 
the  making  of  such  report,  and  the  amount  of  dividends 
declared  or  paid  during  the  same  time;  each  parlor,  palace 
or  sleeping  car  company  shall  state  the  gross  amount  of 
Its  receipts  for  fare  or  tolls  for  transportation  of  passengers 
•within  this  State  during  the  same  time;  each  oil  or  pipe 
line  company  engaged  in  the  transportation  of  oil  or  crude 
petroleum  shall  state  the  gross  amount  of  its  receipts  from 
the  transportation  of  oil  or  petroleum  through  its  pipes  or 
In  and  by  its  tanks  or  cars  In  this  State  during  the  same 
time;  each  fire,  marine,  live  stock,  casualty  or  accident 
Insurance  company  shall  state  the  total  amount  of  premi- 
ums received  by  it  for  insurance  upon  the  lives  of  persons, 
resident  or  property  located  within  this  State,  during  the 
same  time. 

Every  other  corporation  shall  file  with  the  secretary  of 
State  on  or  before. the  first  Tuesday  in  January  in  each 
year  an  annual  report  which  shall  state  the  location  of  the 
principal  office  in  this  State,  and  the  name  of  the  agent 
upon  whom  service  of  process  against  said  company  may 
be  served;  the  location  or  locations  (town  or  towns,  city 
or  cities,  stating  the  streets  and  numbers,  if  numbers  there 
be)  of  the  place  or  places  of  business  of  said  company 
without  this  State;  the  names  and  addresses  of  all  the  di- 
rectors and  officers  of  the  company,  and  when  the  terms  of 
each  expire;  the  date  appointed  for  the  next  annual  meet- 
ing of  stockholders  for  the  election  of  directors ;  the  amount 
of  its  authorized  capital,  the  amount  actually  paid  in,  the 
amount  invested  in  real  estate,  the  tax  annually  thereon, 
and  the  amount  invested  in  manufacturing  or  mining  in  this 
State,  or  both;  and,  if  exempt  from  taxation  under  the  pro- 
visions of  the  Act  so  amended  and  published  as  aforesaid, 
the  specific  facts  entitling  such  corporation  to  exemption 
from  taxation'  aforesaid;  provided,  that  no  part  of  this 
section  shall  apply  to  corporations  as  are  now  by  law 
under  the  supervision  of  the  Insurance  commissioner;  if 
such  report  is  not  so  made  and  so  filed  the  corporation 
shall  forfeit  to  the  State  the  sum  of  $200,  to  be  recovered 
with  costs  in  an  action  of  debt,  to  be  prosecuted  by  the 
attorney-general,  who  shall  prosecute  such  actions  when- 
ever it  shall  appear  that  this  section  has  been  violated; 
and  provided  further,  if  such  report  shall  not  be  so  made 
and  filed,  all  the  directors  of  any  such  corporation  who 
shall  wilfully  refuse  to  comply  with  provisions  thereof  and 
who  shall  be  in  office  during  the  default  shall  at  the  time 
appointed  for  the  next  election,  and  for  a  period  of  one 
year  thereafter  be  thereby  rendered  Ineligible  for  election 
or  appointment  to  any  office  in  the  company  as  directors  or 
otherwise;  no  director  shall  be  thus  disqualified  for  the 
failure  and  to  make  and  file  such  report  if  he  -shall  file 
with  the  secretary  of  State  before  the  time  appointed  for 
holding  the  next  election  of  directors  after  such  default, 
a  certificate  stating  that  he  has  endeavored  to  have  such 


report  made  and  filed,  but  that  the  officers  have  neglected 
to  make  and  file  the  same,  and  shall  report  the  items  re^ 
quired  to  be  stated  in  such  annual  report  so  far  as  they  are 
within  his  knowledge,  or  are  obtainable  from  sources  ol 
such  information  open  to  him,  verified  by  him  to  be  tru« 
to  the  best  of  his  knowledge,  information  and  belief;  the 
secretary  of  State  shall  upon  application  furnish  blanks  it 
proper  form  and  shall  safely  keep  in  his  office  all  sucl 
reports,  which  reports  shall  be  open  to  the  inspection  oi 
all  persons  at  proper  hours. 

In  case  any  such  corporation  shall  fail  to  file  such  re 
port  within  the  time  required  by  this  section,  and  in  casi 
the  agent  in  charge  of  the  principal  office  of  such  com 
pany  upon  whom  process  against  such  company  may  bi 
served  shall  die,  or  shall  resign,  or  shall  remove  fron 
the  State,  or  such  agent  cannot  with  due  diligence  be  found 
it  shall  be  lawful  while  such  default  continues,  to  servi 
process  against  such  corporation  upon  the  secretary  o 
State,  and  such  service  shall  be  as  effectual  to  all  inteit 
and  purposes  as  if  made  upon  the  president  or  head  olflc 
ers  of  such  corporation,  and  within  two  days  after  siicl 
service  upon  the  secretary  of  State  as  aforesaid,  It  shall  b 
the  duty  of  the  secretary  of  State  to  notify  such  corpora 
tlon  thereof  by  letter  directed  to  such  corporation  at  it 
registered  office,  in  which  letter  shall  be  inclosed  a  ccp; 
of  the  process  or  other  paper  served,  and  it  shall  be  lb 
duty  of  the  plaintiff  in  any  action  in  which  said  proci^s 
shall  be  issued  to  pay  to  the  secretary  of  State,  for  the  i  s 
of  the  State,  the  sum  of  $3,  which  said  sum  shall  be  tase 
as  a  part  of  the  costs  in  said  suit  if  the  plaintiff  shxl 
prevail  therein;  the  secretary  of  State  shall  keep  a  bco 
to  be  called  the  "process  book,"  in  which  shall  be  enteie 
alphabetically,  by  the  name  of  the  plaintiff  and  defend;  r 
therein,  the  title  of  all  causes  in  which  processes  have  be  e 
served  upon  him,  the  tests  of  the  process  so  served  ai 
the  return  day  thereof,  and  the  day  and  hour  when  tb 
service  was  made. 

Making  false  statement  or  neglecting  to  make  stateme  i 
etc.  §  3.  If  any  officer  of  any  corporation  required  by  1 1 
Act  to  make  a  return  to  the  secretary  of  State,  shall,  I 
such  return,  make  any  false  statement,  he  shall  be  deem  > 
guilty  of  perjury;  if  any  such  corporation  shall  neglect  : 
refuse  to  make  such  return  within  the  time  limited  ' 
aforesaid  the  secretary  of  State  shall  ascertain  and  fix  t  i 
amount  of  the  annual  license  fee  or  franchise'  tax,  and  t  i 
basis  upon  which  the  same  Is  determined,  in  such  mant ; 
as  may  be  deemed  by  him  most  practicable,  and  the  amou  : 
so  fixed  by  him  shall  stand  as  such  basis  of  taxation  und ; 
this  Act. 

Rate  of  tax.  §  4.  That  each  telegraph,  telephone,  cai 
and  express  corporation  shall  pay  to  the  State  treasurer  1 : 
the  use  of  the  State,  an  annual  license  fee  or  franchise  1 1 
at  the  rate  of  1  per  centum  upon  the  gross  amount  of  I 
receipts  so  returned  or  ascertained;  that  each  corporati  i 
organized  for  the  distribution  of  electricity,  heat  or  powi' 
steam,  heat  or  power,  or  organized  for  the  purpose  ( 
the  production,  distribution  or  sale  of  gas  shall  pay  to  1 1 
State  treasurer,  for  the  use  of  the  State,  annual  license  f : 
or  organized  for  the  purpose  of  producing  or  distributi  i 
or  franchise  tax  at  the  rate  of  two-fifths  of  1  per  centi  i 
upon  the  gross  amount  of  its  receipts  so  returned  or  asc( 
tained,  and  4  per  centum  upon  the  dividends  in  excess  ( 
4  per  centum  so  paid  or  declared  by  any  such  corporatio : 
that  each  oil  or  pipe  line  corporation  shall  pay  to  t ; 
State  treasurer,  for  the  use  of  the  State,  an  annual  licen  ■ 
fee  or  franchise  tax  at  the  rate  of  three-fifths  of  1  p( 
centum  upon  the  gross  amount  of  its  receipts  so  return ; 
or  ascertained;  that  each  insurance  company  other  th  i 
life  shall  pay  to  the  State  treasurer  for  the  use  of  t: 
State,  an  annual  license  fee  or  franchise  tax  at  the  rate  ( 
three-fourths  of  1  per  centum  upon  the  gross  amount  of  :• 
premiums  so  returned  or  ascertained;  that  each  life  ': 
surance  company  shall  pay  to  the  State  treasurer,  for  tt 
uSe  of  the  State,  annual  license  fee  or  franchise  tax  i 
three-fourths  of  1  per  centum  upon  the  amount  of  its  su 
plus  on  the  31st  day  of  December  next  preceding  as  fix.= 
by  §  5  of  this  Act,  and  in  addition  thereto,  a  further  a: 
nual  license  fee  or  franchise  tax  of  3,100  of  1  per  centui 
upon  the  total  gross  Insurance  premiums  collected  by  sue 
companies  during  the  year  ending  the  31st  of  Decemb« 
next  preceding.  The  insurance  commissioner  of  this  Stal 
shall  ascertain  and  report  to  the  secretary  of  State  all  fac 
necessary  to  enable  the  said  secretary  of  State  to  ascertal 


Pu:tfLic  Service  Laws 


373 


and  fix  the  amount  of  taxation  to  be  paid  by  life  insurance 
companies  under  this  Act,  and  shall  also  certify  to  each 
of  said  companies  the  amount  of  such  taxation  under  this 
Act;  that  each  parlor,  palace,  or  sleeping  car  corporation 
shall  pay  to  the  State  treasurer,  for  the  use  of  the  State 
an  annual  license  fee  or  franchise  tax  at  the  rate  of  1% 
per  centum  upon  the  gross  amount  of  its  receipts  so  re- 
turned or  ascertained;  if  any  oil  or  pipe  line  corporation 
has  part  of  its  transportation  line  in  this  State  and  part 
thereof  in  another  State  or  other  States,  such  corporation 
shall  return  a  statement  of  its  gross  receipts  for  transporta- 
tion 6ij3il  or  petroleum  over  its  whole  line,  together  witli 
a  statement  of  the  whole  length  if  its  line,  and  the  length 
of  its  line  in  this  State;  such  corporation  shall  pay  an 
annual  license  fee  or  franchise  tax  to  the  State  treasurer, 
for  the  use  of  the  State,  at  the  aforesaid  rate  upon  such 
proportion  of  its  said  gross  receipts  as  the  length  of  its  line 
in  this  State  bears  to  the  whole  length  of  its  line;  that  all 
other  corporations  hereafter  incorporated  under  the  laws  of 
this  State,  and  not  hereinbefore  provided  for  shall  pay  an 
annual  license  fee  or  franchise  tax  "for  the  year  1907  or 
such  portion  thereof  as  the  company  is  in  existence  at  the 
rate  of  one-fortieth  of  1  per  cent  on  all  amounts  of  capital 
actually  paid  in,  up  to  and  including  the  sum  of  $1,000,000, 
and  the  further  sum  of  $30  per  year  on  each  $1,000,000 
actually  paid  in,  or  any  part  thereof,  in  excess  of  $1,000,- 
000;  but  beginning  with  the  year  1908  and  continuously 
thereafter  they  shall  pay  an  annual  license  fee  or  fran- 
chise tax  to  the  State  treasurer  for  the  use  of  the  State 
as  follows,  viz.:  where  the  amount  of  the  authorized  capi- 
tal stock  does  not  exceed  $25,000,  they  shall  pay  $5;  where 
the  amount  of  the  authorized  capital  stock  exceeds  $25,000, 
but  is  not  more  than  $100,000,  they  shall  pay  $10;  where 
the  authorized  capital  stock  exceeds  $100,000,  and  is  not 
more  than  $.'500,000,  they  shall  pay  $20;  where  the  author- 
ized capital  stock  exceeds  $300,000  and  is  not  more  than 
$500,000  they  shall  pay  $25;  where  the  authorized  capital 
stock  exceeds  $500,000.  and  is  not  more  than  $1,000,000, 
they  shall  pay  $50,  and  the  further  sum  of  $25  per  year  on 
each  $1,000,000  or  part  thereof  in  excess  of  $1,000,000;  pro- 
vided they  shall  only  be  required  to  pay  %  of  the  amount 
of  taxes  scheduled  above  in  cases  where  the  company 
shall  show  in  its  annual  report  that  it  is  not  engaged  in  any 
business,  but  in  no  case  shall  the  amount  of  tax  be  less 
than  $5  for  any  year.  Provided,  that  this  Act  shall  not 
ipply  to  railroad,  railway,  canal  or  banking  corporations 
or  to  savings  banks,  cemeteries  or  religious  corporations, 
or  to  purely  charitable  or  educational  associations  or  manu- 
facturing or  mining  corporations,  or  to  any  mercantile  cor- 
poration whose  capital  actually  paid  in  is  Invested  in  a 
mercantile  business  carried  on  within  this  State,  and  which 
is  now  subject  to  a  license  tax  for  the  carrying  on  of  said 
business  under  chapter  117,  volume  13,  Laws  of  Delaware, 
or  to  any  corporations  at  least  50  per  centum  of  whose 
capital  stock  issued  and  outstanding  is  invested  in  business 
carried  on  within  this  State,  and  if  any  other  corporation 
shall  have  less  than  50  per  centum  of  its  capital  stocli  is- 
sued and  outstanding  invested  in  business  carried  on  within 
this  State,  such  company  shall  pay  the  annual  license  fee 
or  franchise  tax  herein  provided  for  companies  not  carry- 
ing on  business  in  this  State,  but  shall  be  entitled  in  the 
computation  of  such  tax  to  a  deduction  from  the  amount 
of  its  capital  stock  issued  and  outstanding  of  the  assessed 
value  of  its  real  and  personal  estate  within  this  State. 

Certificate  of  secretary  of  State  to  treasurer.  §  5.  That 
the  secretary  of  State  shall  certify  and  report  to  the  State 
treasurer,  on  or  before  the  first  Tuesday  of  February  in 
each  year,  a  statement  of  the  basis  of  the  annual  license 
fee  or  franchise  tax  determined  from  the  annual  report 
filed  by  each  corporation  as  hereinbefore  required,  and  the 
amount  of  tax  due  thereon  respectively,  at  the  rate  fixed 
by  this  Act;  such  tax  shall  thereafter  become  due  and  pay- 
able and  it  shall  be  the  duty  of  the  State  treasurer  to  im- 
mediately notify  all  corporations  of  the  amount  of  such 
license  fee,  or  franchise  tax  due  and  payable  by  them  and 
to  receive  the  same;  if  the  tax  of  any  corporation  or  com- 
pany remains  unpaid  on  the  first  day  of  May  after  the 
same  becomes  due  the  same  shall  thenceforth  bear  interest 
at  the  rate  of  1  per  centum  for  each  month  until  paid;  the 
secretary  of  State  shall  have  power  to  inquire  into  the 
truth  or  falsity  of  every  report  required  to  be  filed  by  this 
Act  as  may  be  necessary  to  carry  out  the  provisions  hereof; 
and  may  require  the  production  of  the  books  of  any  such 


corporation  and  may  swear  or  aflirm  and  examine  witnesses 
in  relation  thereto. 

Tax  as  a  debt.  §  6.  That  such  tax  when  determined 
shall  be  a  debt  due  from  such  corporation  or  company  to 
the  State,  for  which  an  action  at  law  may  be  maintained 
after  the  same  shall  have  been  in  arrears  for  the  period  of 
1  month,  such  tax  shall  also  be  a  preferred  debt  in  case  of 
insolvency. 

Collection  of  tax,  remedies.  §  7.  That  in  addition  to 
other  remedies  for  the  collection  of  such  tax  it  shall  be 
lawful  for  the  attorney-general,  either  of  his  own  motion 
or  upon  request  of  the  State  treasurer,  whenever  any  tax 
due  under  this  Act  from  any  corporation  or  company  shall 
have  remained  in  arrears  for  a  period  of  three  months  after 
the  same  shall  have  become  payable,  to  apply  to  the  Court 
of  Chancery,  by  petition  in  the  name  of  the  State,  on  five 
days'  notice  to  such  corporation  or  company,  which  notice 
may  be  served  in  such  manner  as  the  chancellor  may  direct 
for  an  injunction  to  restrain  such  corporation  or  company 
from  the  exercise  of  any  franchise,  or  the  transaction  of 
any  business  within  this  State  until  the  payment  of  such 
tax  and  interest  due  thereon  and  the  cost  of  such  applica- 
tion shall  be  fixed  by  the  chancellor;  the  said  court  is 
hereby  authorized  to  grant  such  injunction,  if  a  proper 
ease  appears  and  upon  the  granting  and  service  of  such 
injunction,  it  shall  not  be  lawful  for  any  such  corporation 
or  company  thereafter  to  exercise  any  franchise  or  transact 
any  business  in  this  State  until  such  injunction  shall  be 
dissolved. 

Retaliatory  taxation.  §  9.  When,  by  the  laws  of  any 
other  State  or  nation,  any  other  or  greater  taxes,  fines, 
penalties,  licenses,  fees  or  other  obligations  or  require- 
ments are  imposed  upon  corporations  of  this  State,  doing 
business  in  such  other  State  or  nation,  or  upon  their  agents 
therein,  than  the  laws  of  this  State  impose  upon  their 
corporations  or  agents  doing  business  in  this  State,  so  long 
as  such  laws  continue  in  force  in  such  foreign  State  or  na- 
tion, the  same  taxes,  fines,  penalties,  licenses,  fees,  obliga- 
tions and  requirements,  of  whatever  kind  shall  be  imposed 
upon  all  corporations  of  such  other  State  or  nation  doing 
business  within  this  State  and  upon  their  agents  here; 
provided,  that  nothing  herein  shall  be  held  to  repeal  any 
duty,  condition  or  requirement  now  imposed  by  law  upon 
such  corporations  of  other  States  or  nations  transacting 
business  in  the  State. 

Failure  to  pay  taxes,  charter  void.  §  10.  If  any  corpo- 
ration hereafter  created  shall  for  two  consecutive  years 
neglect  or  refuse  to  pay  the  State  any  tax  which  has  been 
or  shall  be  assessed  against  it,  or  which  it  is  required  to 
pay,  under  any  law  of  this  State  and  made  payable  into 
the  State  treasury,  the  charter  of  such  corporation  shall  be 
void,  and  all  powers  conferred  by  law  upon  such  corpora- 
tion are  hereby  declared  inoperative  and  void,  unless  the 
governor  shall  for  good  cause  shown  to  him,  give  further 
time  for  the  payment  of  such  taxes,  in  which  case  a  certifi- 
cate thereof  shall  be  filed  by  the  governor  in  the  office  of 
the  State  treasurer,  stating  the  reasons  therefor. 

Report  of  State  treasurer  to  governor,  of  failure  to  pay 
tax — Proclamation  avoiding  charter.  §  11.  On  or  before 
the  first  Tuesday  of  January  in  each  year  the  State 
tresurer  shall  report  to  the  governor  a  list  of  all  the 
corporations  or  companies  which,  for  two  years  next 
♦preceding  -such  report,  have  failed,  neglected  or  refused 
to  pay  the  taxes  assessed  against  them  or  due  by  them, 
under  the  law  of  this  State,  and  the  governor  shall 
forthwith  issue  his  proclamation,  declaring  under  this 
Act  of  the  legislature  that  the  charters  of  these  corpo- 
rations   are    repealed. 

S  12.  The  proclamation  of  the  governor  shall  be 
filed  in  the  office  of  the  secretary  of  State,  and  pub- 
lished in  such  newspapers  and  for  such  length  of  time 
as  the  governor  shall  designate. 

Penalty  for  acting  under  void  charter.  §  13.  Any  per- 
son or  persons  who  shall  exercise  or  attempt  to  exer- 
cise any  powers  under  the  charter  of  any  such  corpora- 
tion after  the  issuing  of  such  proclamation  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  imprisonment  not  exceeding  one  year,  or  a  fine  not 
exceeding  $1,000,  or  both,  in  the  discretioa  of  the  court. 

Other  remedies  for  collection  of  taxes.  S  14.  After  any 
corporation  of  this  State  hereafter  incorporated  has 
failed    and    neglected    for  the   space    of   two    consecutive 


374 


National  Association  of  Railway  Commissioners 


years  to  pay  the  taxes  Imposed  on  It  by  law,  and  the 
State  treasurer  of  this  State  shall  have  reported  such 
corporation  to  the  governor  of  this  State,  as  provided 
in  this  Act,  then  It  shall  be  lawful  for  the  attorney- 
general  of  this  State  to  proceed  against  said  corpora- 
tion in  the  Court  of  Chancery  of  this  State  for  the 
appointment  of  a  receiver,  or  otherwise,  and  the  said 
court  In  such  proceeding  shall  ascertain  the  amount  of 
the  taxes  remaining  due  and  unpaid  by  such  corporation 
to  the  State  of  Delaware,  and  shall  enter  a  final  de- 
cree for  the  amount  so  ascertained,  and  thereupon  a 
fieri  facias  or  other  process  shall  issue  for  the  collection 
of  the  same  as  other  debts  are  collected,  and,  if  no 
property  which  may  be  seized  and  sold  on  fieri  facias 
shall  be  found  within  the  said  State  of  Delaware  suffi- 
cient to  pay  such  decree,  the  said  court  shall  further 
order  and  decree  that  the  said  corporation,  within  10 
days  from  and  after  the  service  of  notice  of  such  decree 
upon  any  officer  of  said  corporation  upon  whom  service 
of  process  may  be  lawfully  made,  or  such  notice  as  the 
court  shall  direct,  shall  assign  and  transfer  to  the 
trustees  or  receiver  appointed  by  the  court,  any  chose 
in  action,  or  any  patent  or  patents,  or  any  assignment 
of,  or  license  under  any  patented  invention  or  inven- 
tions owned  by:  leased  or  licensed  to  or  controlled  in 
whole  or  in  part  by  said  corporation,  to  be  sold  by 
said  receiver  or  trustee  for  the  satisfaction  of  such 
decree,  and  no  injunction  theretofore  issued  nor  any 
forfeiture  of  the  charter  of  any  such  corporation  shall 
be  held  to  exempt  such  corporation  from  compliance  with 
such  order  of  the  court,  and,  if  the  said  corporation  shall 
neglect  or  refuse,  within  10  days  from  and  after  the 
service  of  such  notice  of  such  decree  to  assign  and 
transfer  the  same  to  such  receiver  or  trustee  for  sale 
as  aforesaid,  it  shall  be  the  duty  of  said  court  to  appoint 
a  trustee  to  make  the  assignment  of  the  same,  in  the 
name  and  on  behalf  of  such  corporation,  to  the  re- 
ceiver or  trustee  appointed  to  make  such  sale,  and  the 
said  receiver  or  trustee  shall  thereupon,  after  such 
notice  and  in  such  manner  as  required  for  the  sale 
-under  fieri  facias  of  personal  property,  sell  the  same  to 
the  highest  bidder,  and  the  said  receiver  or  trustee, 
•upon  the  payment  of  the  purchase  money,  shall  exe- 
cute and  deliver  to  such  purchaser  an  assignment  and 
transfer  of  all  the  patents  and  interest  of  the  corpora- 
tion so  sold,  which  assignment  or  transfer  shall  vest  in 
the  purchaser  a  valid  title  to  all  the  right,  title  and 
Interest  whatsoever  of  the  said  corporation  therein,  and 
the  proceeds  of  such  sale  shall  be  applied  to  the  pay- 
ment of  such  unpaid  taxes,  together  with  the  costs  of 
said   proceedings. 

Proclamation  of  governor  correcting  mistake.  §  15. 
Whenever  it  is  established  to  the  satisfaction  of  the 
governor  that  any  corporation  named  in  said  proclama- 
tion has  not  neglected  or  refused  to  pay  said  tax  within 
two  consecutive  years,  or  has  been  inadvertently  re- 
ported to  the  governor  by  the  State  treasurer  as  re- 
fusing or  neglecting  to  pay  the  same  as  aforesaid,  that 
the  governor  be  and  he  is  hereby  authorized  to  correct 
such  mistake,  and  to  make  the  same  known  by  filing 
his  proclamation  to  that  effect  in  the  office  of  the 
secretary  of  State. 

Restoration  of  charter.  S  16.  If  the  charter  of  any  cor- ' 
poration  hereafter  created,  shall  become  Inoperative  or 
void  by  proclamation  cf  the  governor,  or  by  operation 
of  law,  for  non-payment  of  taxes  the  governor,  by  and 
with  the  advice  of  the  attorney-general,  may,  at  any 
time  within  two  years  thereafter,  or  after  the  default 
In  the  payment  of  such  taxes,  upon  payment  by  said 
corporation  to  the  secretary  of  State  of  such  sum  in 
lieu  of  taxes  and  penalties  as  to  them  may  seem  rea- 
sonable, but  in  no  case  to  be  less  than  the  fees  re- 
quired as  upon  the  filing  of  the  original  certificate  of 
incorporation,  permit  such  corporation  to  be  reinstated 
and  entitled  to  all  its  franchises  and  privileges,  and 
upon  such  payment  as  aforesaid  the  secretary  of  State 
shall  issue  his  certificate  entitling  such  corporation  to 
continue  its  said  business  and  its  said  franchises. 

Nothing  in  this  section  contained  shall  relieve  said  cor- 
poration from  penalty  of  forfeiture  of  franchises  in  case  of 
failure  to  pay  future  taxes  Imposed  as  in  this  Act  pro- 
vided. 


Review  of  assessment.  §  17.  The  officers  of  any  cori 
ration  who  shall  consider  the  tax  levied  under  tl 
provisions  of  this  Act  excessive  or  otherwise  unjust,  ms 
make  application  to  the  governor  for  a  review  of  tl 
assessment  and  a  readjustment  of  the  tax;  provide 
there  be  filed  with  the  governor  within  three  montl 
from  the  date  of  assessment  a  petition  of  appeal,  du 
verified  according  to  law,  stating  specifically  the  groun( 
upon  which  the  appeal  is  taken  and  the  reasons  wl 
the  tax  is  considered  excessive  or  unjust;  the  governi 
shall  thereupon  proceed  to  investigate  the  contentioi 
raised  by  the  said  petition  of  appeal;  and  for  the  poj 
pose  of  such  hearing,  the  officers  of  said  corporatic 
may  be  summoned  to  appear  before  the  governor,  eithi 
in  person  or  by  attorney,  and  questioned  as  to  tl 
statements  set  forth  in  the  said  petition  of  appeal;  : 
in  the  opinion  of  the  governor,  it  shall  appear  th 
the  tax  so  levied  as  aforesaid  is  excessive  or  unjust,  1 
shall  thereupon  require  the  officers  of  the  corporal  I< 
to  file  with  him  a  corrected  return,  and  upon  fa 
corrected  return  the  assessment  shall  be  adjusted  ai 
the  tax  reduced  or  amended  as  in  the  opinion  of  tl 
governor  shall   seem   proper. 

If  the  petition  of  appeal  shall  not  be  filed  with 
three  months  from  the  date  of  the  assessment,  as  afor 
said,  the  right  to  appeal  to  the  governor  shall  be  co 
sldered  and  treated  as  having  been  waived  and  tl 
amount  of  tax  levied  shall  be  payable  and  collectib 
at  once. 

§  18.     That    the    secretary    of    State    shall    receive    f 
the    services    required    of    him    under    the    provisions 
this  Act  the  sum  of  $500  to  be  paid  to  him  annually 
addition    to    the    salary    and   fees   now    provided    by   l:i.' 

Exemptions.  §  19.  That  the  provisions  of  this  i 
shall  not  apply  to  corporations  heretofore  incOrpora  < 
and  the  property  of  such  corporations  is  hereby  m:  i 
exempt  from  taxation  under  the  provisions  of  this  ^  ( 
such  exemption,  in  the  opinion  of  the  general  asseml  1 
being  best  to  promote  the  public  welfare. 

Approved  March  10,  1899. 

Amended  and  approved  March  7,   1901. 

Amended  and  approved   March  17,  1903. 

Amended  and  approved  March  29,  1905. 

Amended  and   approved   March  21,  1907. 

Amended  and  approved  March  26  and  31,  and  April 
1909 

TAXATION  OF  TELEPHONE,  ACTS  OF  1909. 

An  Act  in  relation  to  the  taxation  of  those  engaged  ii 
telephonic  business  in  this  State.  ^m  i 

(Delaware  Session  Laws  of  1909,  p.  12.)  ^M  I 
Be  it  enacted  by  the  senate  and  house  of  representatives 
the  State  of  Delaware  in  general  assembly  met: 
Telephone  lines,  how  taxed.  §  1.  That  every  individi  i 
association  of  persons,  firm  or  corporation  engaged  in  1 1 
telephonic  business  and  owning,  leasing,  controlling  or  or  6 
ating  any  line  or  lines  of  wire  in  this  State,  which  8:i 
individual,  association,  firm  or  corporation,  or  any  otl  i 
person  or  party,  uses,  or  is  entitled  to  use,  either  for  1 1 
transmission  of  telephonic  messages  from  any  place  ; 
another  State,  or  for  the  transmission  of  telephonic  ma 
sages  between  any  two  places  wheresoever,  shall  be  s  i 
ject  to  taxation  for  the  use  of  the  State,  in  manner  folU  i 
ing,  viz.:  Each  said  individual,  association,  firm,  or  C3 
poration,  shall  annually  hereafter  on  the  first  day  of  Jul 
commencing  with  the  first  day  of  July,  A.  D.  1909,  pay 
the  State  treasurer  for  the  use  of  the  State,  a  tax  of  ( 
cents  per  mile  of  wire  for  the  longest  wire  within  t\ 
State,  a  tax  of  30  cents  per  mile  of  wire  for  the  next  lo:i 
est  wire  within  this  State,  and  20  cents  per  mile  of  wii 
for  each  and  every  other  wire  within  this  State,  ownj 
leased,  controlled  or  operated  by  such  individual,  associ 
tion,  firm  or  corporation  on  the  first  day  of  June  then  l;ii 
past,  and  which  such  individual,  association,  firm  or  co 
poratlou,  or  any  other  person  or  party,  then  used  or  wt 
entitled  to  use,  either  for  the  transmission  of  telephon 
messages  from  any  place  in  another  State  across  any  po 
tion  of  this  State  to  a  place  in  another  State,  or  for  th 
transmission  of  telephonic  messages  between  any  tw 
places  wheresoever;  and  shall  also  pay  a  further  tax  t 
the  State  treasurer  for  the  use  of  the  State  of  25  ceni 
upon  each  and  every  telephonic  transmitter  in  this  Stal 


.1  assemt  I 

dl 


Public  Service  I.aavs 


37t 


furnished  or  rented  to  any  person  or  party  whomsoever 
by  such  individual,  association,  firm  or  corporation. 

Annual  statement  to  State  treasurer.  §  2.  That  it  shall 
be  the  duty  of  every  individual,  association  of  persons,  firm 
or  corporation  engaged  in  the  telephonic  business  and  own- 
ing, leasing,  controlling  or  operating  any  line  or  lines  of 
wire  as  set  forth  in  §  1  of  this  Act,  annually  hereafter  on 
or  before  the  first  day  of  June,  commencing  with  the  first 
day  of  June,  A.  D.  1909,  to  make  and  deliver  to  the  State 
treasurer  a  statement  in  writing  verified  by  the  oath  or 
afl^rmation  of  such  individual,  or  of  one  of  the  members  of 
such  wan,  or  the  president,  general  manager,  or  treasurer 
of  such  association  or  corporation,  showing  the  total  num- 
ber of  telephonic  transmitters  used  in  this  State  on  the 
first  day  of  May  then  last  past,  and  which  telephonic  trans- 
mitters were  furnished  or  rented  by  said  individual,  asso- 
ciation, firm  or  corporation,  to  any  person  or  party  for 
telephonic  purposes,  and  also  showing  the  number  of  miles 
of  wire  owned,  leased,  controlled  or  operated  by  said  in- 
dividual, association,  firm  or  corporation  within  this  State 
on  the  first  day  of  May  then  last  past,  which  such  individ- 
ual, association,  firm  or  corporation,  or  any  other  person 
or  party  then  used  or  was  entitled  to  use  either  for  the 
transmission  of  telephonic  messages,  from  any  place  in 
another  State  across  any  portion  of  this  State  to  a  place 
in  another  State,  or  for  the  transmission  of  telephonic  mes- 
sages between  any  two  places  wheresoever,  and  designat- 
ing the  length  and  location  of  the  longest  and  of  each  and 
every  other  wire. 

Penalty  for  failure  to  make  such  statement.  S  3.  That 
in  case  of  the  refusal  or  omission  of  any  individual,  firm, 
association  or  corporation  as  aforesaid,  to  make  and  de- 
liver the  statement  in  accordance  with  the  provisions  of 
§  2  of  this  Act  and  within  the  time  therein  prescribed,  the 
State  treasurer  shall  be  and  he  is  hereby  authorized,  em- 
powered and  directed  to  make  an  assessment  of  the  tax 
hereby  imposed,  upon  the  best  information  he  may  be  able 
to  obtain  and  to  add  to  the  sum  of  the  tax  so  ass€ssed,  a 
penalty  of  25  per  cent  and  to  demand  payment  of  the  whole 
from  the  individual,  association,  firm  or  corporation,  so  in 
default.  The  estimate  so  made  by  the  State  treasurer  in 
such  case  shall  be  final  and  conclusive  on  the  party  so  in 
default. 

Failure  to  pay  tax.  §  4.  That  in  case  of  the  omission 
or  refusal  of  any  individual,  association,  firm  or  corpora- 
tion, subject  to  the  provisions  of  this  Act  to  pay  the  tax 
by  this  Act  imposed,  within  30  days  after  it  is  due,  the 
State  treasurer  shall  be  and  he  is  hereby  authorized,  em- 
powered and  directed,  to  distrain  upon  any  property  in  this 
State  of  the  party  so  in  default,  and  having  given  notice  in 
writing  of  such  seizure  and  distress,  to  sell  the  said  prop- 
erty so  seized  and  distrained  on,  10  days'  notice  by  ad- 
vertisement posted  in  five  public  places  of  the  county 
wherein  such  property  shall  have  been  seized. 

Telegraph  tax  Act  not  to  apply  to  telephone  companies. 
§  5.  That  the  Act  entitled  "An  Act  Taxing  Telegraph  Com- 
panies Doing  Business  in  this  State,"  passed  at  Dover, 
April  18,  1889,  being  chapter  460  of  volume  18  of  the  Laws 
of  Delaware,  be  and  the  same  is  hereby  amended  by  strik- 
ing out  the  words  "or  telephone"  in  the  third  line  of  §  1  of 
said  Act. 

Approved  March  26,  A.  D.  1909. 

DIVKRTIXO    ELFCTRIC    CURRENT.    ACTS    OF    1909. 

An  Act  in  relation  to  the  diversion  of  electric  current  from 
the  wires,  conduits  and  meters  of  the  manufacturer 
thereof. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of 
the  State  of  Delaware  in  general  assembly  met: 
§  1.  That  it  shall  be  unlawful  for  any  person,  without  the 
consent  of  the  owner  thereof  and  with  the  intent  not  to  pay 
for  the  same,  to  divert  <Jr  cause  to  be  diverted  any  electric 
current  while  such  current  is  being  conveyed  and  trans- 
mitted through  wires  or  conduits  from  the  plant  of  the 
manufacturer  of  said  electric  current  to  the  electt-ic  meter 
on  the  premises  of  any  consumer  thereof,  or  to  cause  any 
such  electric  current  to  be  transferred  from  said  wires  or 
conduits  to  the  premises  of  any  consumer  thereof  without 
passing  it  through  an  electric  meter  on  said  premises  pro- 
vided by  such  manufacturer  for  the  purpose  of  measuring 
the  electric  current  furnished  said  premises,  or,  knowing 
such  electric  current  to  be  so  diverted  to  use  it,  everv 
person  violating  any  of  the  provisions  of  this  Act  shall  be 


guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  $50  or  by  imprison- 
ment not  exceeding  three  months  or  by  both  in  the  dis- 
cretion of  the  court. 

Approved  March  18,  A.  D.  1909. 

POWER   OF   CITY   AS    TO   STREET   RAILWAYS. 

lie  it  enacted  by  the  senate  and  house  of  representatives  of 
the  State  of  Delaware  in  general  assembly  met  (with 
the  concurrence  of  two-thirds  of  all  the  members  of 
each  house  of  the  general  assembly) : 

City  council  may  pass  ordinances  in  regard  to  street 
railway  companies.  §  1.  That  in  addition  to  the  powers 
now  vested  by  law  in  the  city  council  of  New  Castle,  the 
said  council  is  hereby  authorized  and  empowered  to  pass 
any  and  all  reasonable  ordinances  or  resolutions,  to  require 
all  street  railway  companies,  now  or  hereafter  running 
their  cars,  over  and  along  any  of  the  streets  of  New  Castle, 
to  pave  the  bed  of  the  streets  over  and  along  which  they 
pass,  between  the  rails  of  their  track  and  for  a  distance 
of  not  more  than  three  feet  on  each  side  of  said  track,  so 
as  to  conform  at  all  times,  as  to  material  and  otherwise, 
to,  and  be  on  a  level  with,  the  other  adjoining  parts  of 
said  streets,  to  keep  the  same  in  good  repair,  clean  and 
clear  in  a  reasonable  safe  condition,  and  to  keep  in  repair 
all  culverts  and  drains  constructed  for  their  use,  across 
and  along  said  streets. 

In  case  of  neglect  or  refusal,  council  may  have  work 
done.  §  2.  In  the  event  of  said  railway  companies  or  any 
of  them,  neglecting  or  refusing  to  pave  the  bed  of  the 
street  and  for  a  distance  of  not  more  than  three  feet  on 
each  side  of  the  track,  or  keeping  the  same  on  a  level  with 
the  other  part  of  said  street,  or  keeping  their  tracks  and 
right  of  way  in  good  repair  and  condition,  clean  and  clear; 
or  to  keep  in  repair  all  culverts  and  drains  constructed 
for  their  use,  all  of  which  as  is  provided  in  §  1  of  this  Act; 
then  and  in  such  case,  after  20  days'  notice,  by  said  coun- 
cil so  to  do,  the  said  council,  may  proceed  to  have  the  con- 
templated work  done  and  recover  the  expenses  and  all 
costs  incurred  thereby,  by  distress  and  sale  of  the  goods 
and  chattels  of  said  railway  company  failing  so  to  do,  found 
within  said  city;  or  said  council  may  bring  suit  against 
said  railway  company,  in  the  name  of  "the  mayor  and 
council  of  New  Castle,"  in  an  action  of  assumpsit  to  re- 
cover said  expenses;  and  upon  recovery  of  judgment,  issue 
execution  and  proceed  thereon  to  sell  in  the  usual  way 
provided  ,by  law  for  the  collection  of  judgments.  In  all 
cases  of  sale,  however,  by  distress  or  execution,  notice  of 
the  day,  hour  and  place  of  sale  and  a  description  of  the 
property  to  be  sold,  shall  be  given  by  public  advertisements 
posted  in  at  least  10  public  places  within  said  city.  The 
proceeds  of  said  sale  shall  be  first  applied  towards  paying 
the  expenses  and  costs  as  contemplated  by  this  Act,  and 
all  surplus  money  thereafter,  if  any,  shall  be  paid  or  re- 
turned to  the  railway  company  so  proceeded  against.  No- 
tice as  aforesaid  served  upon  either  the  president,  treas- 
urer, secretary,  manager  or  other  officer  or  agent  of  said 
railway  company  shall  be  sufficient. 

May  impose  fines  and  penalties.  §  3.  That  the  said  city 
council  shall  also  have  the  additional  authority  and  power 
to  enforce  any  and  all  the  requirements  of  this  Act  and 
all  reasonable  ordinances  passed  by  authority  of  this  Act, 
by  imposing  such  fines  and  penalties  and  prescribing  for 
their  recovery,  as  shall  in  the  judgment  of  said  council  be 
deemed  reasonable,  necessary  and  proper. 

Approved  March  30,  A.  D.  1911. 

RAILROAD  CORPORATIONS  MAY  LEASE  LAND  AND  FRANCHISES. 

CHAPTER  186,  ACTS  OF  1911. 
Be  it  enacted  by  the  senate  and  house  of  representatives  of 
the  State  of  Delaware  in  general  assembly  met  (with 
the  concurrence  of  two-thirds  of  the  members  elected 
to  each  house  of  the  said  general  assembly)  : 
Sections  2,  7.',  and  107,  chapter  S9Ji,  volume  22,  amended. 
§  1.    That  §  §  2,  74  and  107  of  chapter  394,  volume  22,  Laws 
of   Delaware,   as   the   same   has   been   from   time   to   time 
amended,  entitled  "An  Act  providing  a  general  corporation 
law,"  be  and  the  same  are  hereby  amended  as  follows: 

Word  "lease"  inserted.  §  2.  That  section  2,  paragraph 
4  of  the  said  Act  is  hereby  amended  as  follows:  by  inserting 
after  the  words  "and  to  mortgage"  in  said  paragraph,  the 
words  "or  lease." 

§  3.    That  §  74  of  said  Act  be  amended  as  follows:   by 


376 


National  Associatiox  of  Railway  Commissionebs 


adding  at  the  end  of  said  section,  after  paragraph  5,  an 
additional  paragraph  numbered  six,  to  read  as  follows: 

Additional  paragraph.  "6.  To  jease  all  or  any  part  of 
Its  real  and  personal  property,  together  with  its  fran- 
cliis6s  ** 

Power  to  lease  franchises,  etc.  §  4.  That  section  107  of 
said  Act  is  hereby  amended  as  follows:  by  adding  at  the 
end  of  said  section,  the  following  words:  "To  lease  all  or 
any  part  of  its  real  and  personal  property,  together  with 
its  franchises." 

Repeal.  S  5.  All  Acts  or  parts  of  Acts  Inconsistent 
herewith  are  hereby  repealed. 

Approved  March  31,  A.  D.  1911. 

PROTECTION   FOB   MOTORMEIT. 

An  Act   for   the   protection   of   employes  of  railway   com- 
panies within  this  State. 
Be  it  enacted  by  the  senate  and  house  of  representatives  of 
the  State  of  Delaware  in  general  assembly  met: 

Railway  companies  to  afford  proper  protection  to  em- 
ployes. §  1.  Every  corporation  operating  a  street  surface 
railway  in  this  State  shall  cause  the  front  and  rear  plat- 
forms of  every  car  propelled  by  electricity,  cable  or  com- 
pressed air,  during  the  months  of  November,  December, 
January,  February,  March  and  April,  except  cars  attached 
to  the  rear  of  other  cars,  to  be  enclosed  from  the  front 
and  at  least  one  side  of  the  platform  to  the  hood,  so  as  to 
afford  protection  to  any  person  stationed  by  such  corpora- 
tion on  such  platforms  to  perform  duties  in  connection 
with  the  operation  of  such  cars.  Platforms  of  cars  on 
such  street  surface  railways  used  outside  the  limits  of  a 
city  or  town  shall  be  completely  enclosed  from  platform 
to  hood. 

Penalty  for  violation  of  Act.  §  2.  Every  corporation 
using  and  operating  a  car  in  violation  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of in  the  court  of  general  sessions  of  this  State,  shall  pay 
a  fine  of  $25  per  day  for  each  car  so  used  and  operated  con- 
trary to  the  provisions  of  this  Act. 

All  new  cars  to  be  equipped — Fifty  per  cent,  to  be 
equipped  before  January  1,  1!)12.  §  3.  All  new  cars  which 
may  be  installed  by  any  street  railway  after  the  passage 
of  this  Act  shall  be  equipped  according  to  the  provisions 
of  §  1  of  this  Act.  At  least  50  per  centum  of  the  cars  at 
present  used  by  any  street  railway  shall  be  equipped  ac- 
cording to  the  provisions  of  §  1  of  this  Act  on  or  before 
January  1,  1912;  and  the  remaining  50  per  centum  of  said 
cars  at  present  in  use  shall  be  equipped  in  accordance  with 
the  provisions  of  §  1  of  this  Act  on  or  before  January  1, 
1913. 

Approved  April  4,  A.  D.  1911. 

DESTRUCTION    OF   TREES. 

tse  it  enacted  by  the  senate  and  house  of  representatives  of 
the  State  of  Delaicare  in  general  assembly  met: 
Telephone  company  injuring  or  destroying  trees  subject 
to  a  fine.     §  1.     That  after  the  approval  of  this  Act  any 


telephone  company  injuring  or  destroying  trees  in  an 
manner  without  consent  of  proper  person  or  authorit 
shall  forfeit  and  pay  the  sum  of  $10  for  each  and  ever 
tree  so  injured  or  destroyed  to  be  recovered  as  other  finei 
Approved  March  29,  A.  D.  1905. 

FALSE  PRETENSES. 

Be  it  enacted  by  the  senate  and  house  of  representatives  i 
the  State  of  Delaware  in  general  assembly  met: 

Misrepresentation  in  securing  use  of  service  of  telephon 
company  declared  a  misdemeanor.  §  1.  If  any  person  ( 
persons  shall  procure  the  services  of  any  telephone  con 
pany  in  this  State  upon  any  misrepresentation  or  fals 
pretense  such  person  shall  be  guilty  of  a  misdemeanc 
and  upon  conviction  thereof,  before  any  court  of  this  Stati 
shall  be  punished  by  a  fine  not  exceeding  $25  and  be  :.n 
prisoned  at  the  discretion  of  the  court. 

Approved  March  16,  A.  D.  1905. 


RREAKING   INTO  CARS. 


t^ll 


Be  it  enacted  by  the  State  and  house  of  representatit) 
the  State  of  Delaware  in  general  assembly  met: 

Unlawful  for  person,  with  intent  to  commit  felony,  i 
enter  any  car,  etc.  §  1.  That  if  any  person  shall  break  an 
enter  any  car,  caboose  or  locomotive,  or  wilfully  or  mal  c 
ously  with  or  without  breaking,  enter  the  same  with  int(  r 
to  commit  any  felony  whatever  therein,  every  such  offenc  e 
shall  be  guilty  of  a  misdemeanor,  and  upon  convictlo 
thereof  shall  suffer  such  punishment,  by  fine  or  imprism 
ment  or  by  both,  as  the  court  shall  deem  proper  under  th 
circumstances. 

Approved  March  20,  A.  D.  1905.  ^  j 

OBSTRUCTIONS   ON    TRACK.  ^B  ! 

Be  it  enacted  by  the  senate  and  house  of  representatives  < 
the  State  of  Delaware  in  general  assembly  met: 

Person  placing  obstruction  on  railroad  track,  etc.,  deerr.  i 
to  have  done  so  maliciously.  §  1.  If  any  person  shall  \  i 
lawfully  place  any  obstruction  upon  any  railway  tract  ' 
bridge,  trestle  or  right  of  way  or  by  any  unlawful  mea  : 
shall  render  such  track  unsafe  for  the  operation  of  cars  a  i 
the  transportation  of  passengers  or  freight,  he  shall  : 
deemed  to  have  done  so  maliciously.     (*So  enrolled.) 

Person  disturbing  signals  deemed  to  have  done  so  r. 
liciously.  If  any  person,  other  than  the  duly  authorls  ^ 
employe  of  any  railway,  shall  touch,  disturb  or  in  ai  : 
wise  interfere  with  the  signals,  signal  lights  and  sigi ; 
wires  of  any  railway  he  shall  be  deemed  to  have  done  i 
maliciously.  If  any  person  shall  do  any  of  the  things  p  i 
hibited  by  this  Act  he  shall  be  guilty  of  the  offense  c 
obstructing  a  railway,  and  of  a  misdemeanor,  and  sh  i 
upon  conviction  by  indictment,  be  sentenced  to  not  1(  s 
than  one  month's  imprisonment  or  more  than  three  ye£  i 
Imprisonment,  or  fine  of  not  less  than  $100  nor  more  th  i 
|1,000,  or  both  in  the  discretion  of  the  court. 

i! 


PUBLIC  SERVICE  LAWS  OF  DISTRICT  OF  COLUMBIA 


By  an  Act  of  congress  approved  May  23,  1908  (35  U.  S. 
Statutes  at  Large,  part  I,  page  246),  two  companies  oper- 
ating the  principal  street  railways  of  Washington  were  per- 
mitted to  combine,  and  control  over  them  was  given  to  the 
Interstate  Commerce  Commission  by  §§16  and  17  of  the 
Act,  which  are  as  follows: 

§  16.  That  every  street  railroad  company  or  corporation 
owning,  controlling,  leasing  or  operating  one  or  more  street 
railroads  within  the  District  of  Columbia  shall  on  each 
and  all  of  its  railroads  supply  and  operate  a  sufficient  num- 
ber of  cars,  clean,  sanitary,  in  good  repair,  with  proper 
and  safe  power,  equipment,  appliances  and  service,  com- 
fortable and  convenient,  and  so  operate  the  same  as  to  give 
expeditious  passage,  not  to  exceed  fifteen  miles  per  hour 
within  the  city  limits  or  twenty  miles  per  hour  in  me 
suburbs,  to  all  persons  desirous  of  the  use  of  said  cars, 
without  crowding  said  cars.  The  Interstate  Commerce  Com- 
mission is  hereby  given  power  to  require  and  compel  obe- 
dience to  all  of  the  provisions  of  this  section,  and  to  make, 
alter,  amend  and  enforce  all  needful  rules  and  regulations 
to  secure  said  obedience;   and  said  Commission  is  given 


power  to  make  all  such  orders  and  regulations  necessary  t 
the  exercise  of  the  powers  herein  granted  to  it  as  may  t 
reasonable  and  proper;  and  such  railroad  companies  c 
corporations,  their  officers  and  employes,  are  hereby  r 
quired  to  obey  all  the  provisions  of  this  section,  and  sue 
regulations  and  orders  as  may  be  made  by  said  Comni 
sion.  Any  such  company  or  corporation,  or  its  officers  c 
employes,  violating  any  provisions  of  this  section,  or  an 
of  the  said  orders  or  regulations^  made  by  said  Comn  i 
sion,  or  permitting  such  violation'  shall  be  punished  by 
fine  of  not  more  than  one  thousand  dollars.  And  each  ca 
of  failure  or  neglect  on  the  part  of  such  company  or  co 
poration,  its  officers  or  employes,  to  obey  each  and  all  of  i  li 
provisions  and  requirements  of  this  section,  or  the  ordsi 
and  regulations  of  the  Commission  made  thereunder,  sba 
be  regarded  as  a  separate  offense. 

§  17.  That  the  prosecutions  for  violations  of  any  of  tli 
provisions  of  this  Act  shall  be  on  information  of  the  Inte 
state  Commerce  Commission  filed  in  the  police  court  by  c 
on  behalf  of  the  Commission. 

With  reference  to  this  and  other  public  utilities  Dod 


Public  Service  Laws 


377 


on  "Government  of  the  District  of  Columbia"  (1909),  page 
253,  says: 

"The  other  duties  of  the  Interstate  Commerce  Commis- 
sion malie  it  difficult  for  that  body  to  undertake  the  de- 
tailed control  of  the  local  street  railways.  On  this  account 
the  Interstate  Commerce  Commission  has  appointed  three 
residents  of  Washington,  one  of  them  a  member  of  the 
board  of  commissioners  [of  the  District  of  Columbia],  as 
an  electric  railway  commission  for  the  District  of  Colum- 
bia. This  commission  acts  as  an  advisory  board,  recom- 
mends the  adoption  of  necessary  street  railway  regulations, 
and  hears  in  the  first  instance  all  complaints  regarding  im- 
proper street  railway  service;  every  final  action  upon  such 
complaints  must  be  taken  by  the  Interstate  Commerce 
Commission,  and  all  regulations  for  the  control  of  street 
railways  must  be  adopted  by  that  body;  but  the  detailed 
work  of  control  is  to  a  large  extent  vested  in  the  advisory 
electric  railway  commission.  This  arrangement  has  not 
proven  satisfactory,  and  the  Interstate  Commerce  Commis- 
sion has  asked  to  be  relieved  of  all  duties  in  connection 
with  the  street  railways  of  the  District  of  Columbia.  (Six- 
tieth Congress,  2nd  session,  House  document  l.^SO.) 

"Gas.  The  two  companies  which  supply  gas  to  the  pub- 
lic in  the  District  of  Columbia  are  chartered  by  special  Acts 
of  Congress,  and  are  subject  to  congressional  control  by  vir- 
tue of  the  fact  that  their  charters  are  at  any  time  subject 
to  amendment,  alteration,  or  repeal  by  congress.  The  rate 
at  which  gas  is  sold  is  prescribed  by  congressional  enact- 
ment. (29  Statutes  at  Large,  251.)  Each  company  is  re- 
quired annually  to  make  a  sworn  statement  to  congress, 
getting  forth  the  actual  cost  and  value  of  its  property,  the 
amount  of  its  paid-up  capital  stock,  the  amount  and  char- 
acter of  its  indebtedness,  the  names  of  its  stockholders 
and  the  amount  of  stock  held  by  each  of  them,  the  amounts 
paid  as  interest  and  dividends  and  reserved  as  surplus, 
together  with  a  detailed  account  of  its  operating  expenses 
for  the  year.  Each  gas  company  is  also  required  to  keep 
a  set  of  books  in  accordance  with  forms  prescribed  by  the 
Interstate  Commerce  Commission.  (34  Statutes  at  Large, 
1134;   31  ibid..  Act  of  March  3,  1909,  p.  18.) 

"Congress  prescribes  in  a  detailed  manner  the  quality  of 
gas  to  be  furnished  by  the  companies,  and  the  gas  is  tested 
every  day  in  order  to  see  whether  it  conforms  to  the  re- 
quired standards.  A  company  supplying  gas  below  the  pre- 
scribed standards  is  subject  to  a  heavy  penalty.  (29  Stat- 
utes at  Large,  251.  This  law  is  so  framed  as  to  be  prac- 
tically unenforceable.)  The  gas  companies  are  required  to 
bear  the  cost  of  providing  and  fitting  up  laboratories  for 
the  testing  of  gas.  (27  Statutes  at  Large,  543;  29  ibid., 
396.)  In  order  to  make  sure  that  the  consumers  receive 
the  quantity  of  gas  for  which  they  are  charged,  gas  me- 
ters are  subject  to  inspection.  Every  new  meter  is  re- 
quired to  be  inspected  before  being  installed.  Meters 
already  in  use  are  inspected  upon  the  written  request  of  the 
consumer,  or  upon  the  complaint  of  the  gas  companies. 
Small  fees  are  charged  for  the  inspection  of  meters,  but  if 
a  meter  inspected  upon  the  complaint  of  a  consumer  is 
found  defective,  the  fee  must  be  paid  by  the  gas  company. 
An  inspector  of  gas  and  meters  is  appointed  by  the  com- 
missioners, whose  duties  are  to  test  all  meters  and  to  make 
the  daily  inspections  of  the  quality  of  gas.  (D.  C.  Com- 
piled Statutes,  246.) 

"Telephone  and  electric  light.  Congress  has  not  yet 
seen  fit  to  regulate  the  rates  charged  to  private  consumers 
by  companies  producing  electricity  for  purposes  of  light, 
heat,  and  power,  nor  to  provide  for  the  inspection  of  elec- 
tric meters.  The  commissioners  have,  however,  been 
granted  power  to  make  regulations  regarding  the  proTiuc- 
tion  and  use  of  electricity  by  private  parties.  Electrical 
machinery  and  wiring  are  subject  to  inspection  by  the 
electrical  engineer  of  the  District  of  Columbia,  such  inspec- 
tion being  for  the  purpose  of  safeguarding  against  fire,  and 
against  dangers  arising  from  defective  machinery  and  un- 
insulated wires.  (33  Statutes  at  Large,  306.)  Electric 
companies  are  required  to  present  to  congress  anntially  a 
detailed  statement  of  their  business  operations  for  the 
year,  together  v/ith  an  account  of  their  rates  and  of  their 
paid-up  capital  stock  and  indebtedness.  They  are  also  re- 
quired to  keep  a  set  of  books  in  accordance  with  forms 
prescribed  by  the  Interstate  Commerce  Commission.  (31 
Statutes  at  Large,  831;  34  ibid.,  1134;  Act  of  March  3, 
1909,  p.  18.)  The  rates  for  telephone  service  are  fixed  by 
Act  of  congress.     (30  Statutes  at  Large,  538;  33  ibid.,  374.)" 


Following  are  the  sections  of  the  Code  of  the  District 
of  Columbia,  relating  to  public  utilities: 

Murder  in  first  degree.  §  799.  Whoever  maliciously 
places  an  obstruction  upon  a  railroad  or  street  railroad,  or 
displaces  or  injures  anything  appertaining  thereto,  or  does 
any  other  act  with  intent  to  endanger  the  passage  of  any 
locomotive  or  car,  and  thereby  occasions  the  death  of  an- 
other, is  guilty  of  murder  in  the  first  degree. 

Malicious  injury.  §  846.  Whoever  maliciously  places  an 
obstruction  on  or  near  the  track  of  any  steam  or  street 
railway,  or  displaces  or  injures  anything  appertaining  to 
such  track,  with  intent  to  endanger  the  passage  of  any  loco- 
motive or  car,  shall  be  imprisoned  for  not  more  than  10 
years. 

Removal  of  disused  tracks.  §  710.  Whenever  the  track 
or  tracks,  or  any  part  thereof,  of  any  street  railway  com- 
pany in  the  District  of  Columbia  shall  not  have  been  regu- 
larly operated  for  railway  purposes  upon  a  schedule  (ap- 
proved by  the  commissioners)  as  required  by  its  charter 
for  a  period  of  three  months,  the  commissioners  of  said 
District,  in  their  discretion,  may  thereupon  notify  such 
company  to  remove  said  unused  tracks  and  to  place  the 
street  in  good  condition;  and  if  such  company  shall  neg- 
lect or  refuse  to  remove  said  tracks  and  place  the  street  in 
good  condition  within  60  days  after  such  notice,  the  said 
company  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  liable  to  a  fine  of  $10  for  each  and  every  day  during 
which  said  tracks  are  permitted  to  remain  upon  the  street 
or  streets,  or  said  roadway  shall  remain  out  of  repair, 
which  fine  shall  be  recovered  in  the  police  court  of  said 
District,  in  the  name  of  said  District,  as  other  fines  and 
penalties  are  now  recovered  in  said  court.  (34  Statutes, 
534.) 

Using  other  company's  lines.  §  711.  It  shall  be  unlawful 
for  any  street  railway  company  operating  its  system  or 
parts  of  its  system  over  any  portion  of  the  underground 
electric  lines  owned  and  operated  by  another  street  rail- 
way company  in  the  city  of  Washington  to  continue  such 
operation,  or  to  enter  into  reciprocal  trackage  relations 
with  any  other  company,  as  provided  for  under  existing 
law,  unless  its  motive  power  for  the  propulsion  of  its  cars 
shall  be  the  same  as  that  of  the  company  whose  tracks 
are  used  or  to  be  used.  For  every  violation  of  this  sub- 
chapter the  company  violating  it  shall  be  subject  to  a  fine 
of  $10  for  every  car  operated  in  violation  of  the  pro- 
visions of  this  subchapter,  said  fine  to  be  collected  and 
applied  in  the  same  manner  as  is  provided  by  the  preced- 
ing section. 

Free  transfers.  §  712.  All  street  railway  companies 
within  the  District  of  Columbia  now  operating  their  sys- 
tems, or  parts,  of  their  systems,  in  the  city  of  Washington, 
under  a  reciprocal  trackage  agreement,  as  provided  for 
under  existing  law,  which  shall  be  compelled  to  discontinue 
the  use  of  the  tracks  of  another  company,  shall  issue  free 
transfers  to  their  patrons  from  one  system  to  the  other  at 
such  junctions  of  their  respective  lines  as  may  be  provided 
for  by  the  commissioners  of  the  District  of  Columbia. 

Sale  of  unclaimed  freight,  and  so  forth.  S  642.  When- 
ever any  freight,  baggage  or  other  property  transported  by 
a  common  carrier  to,  or  deposited  with  a  common  carrier 
at,  any  point  in  the  District  of  Columbia  shall  remain  un- 
claimed by  the  owner  or  consignee,  or  the  charges  thereon 
shall  remain  unpaid  for  the  space  of  six  months  after 
arrival  at  the  point  to  which  the  same  shall  have  been 
directed  or  transported,  or  after  deposit  as  aforesaid,  and 
the  owner  or  person  to  whom  the  same  is  consigiied,  or 
by  whom  the  Sc.me  shall  have  been  deposited,  shall,  after 
notice  of  such  arrival,  or  after  notice  to  take  away  such 
property  so  deposited,  neglect  or  refuse  to  receive  the 
same  and  pay  the  charges  thereon  within  such  period  of 
six  months,  then  it  shall  be  lawful  for  such  carrier  to  seil 
such  freipht,  baggage  or  other  property  at  public  auction, 
after  giving  three  weeks'  notice  of  the  time  and  place  of 
S3le,  once  a  week  for  three  successive  weeks,  in  a  news- 
paper published  in  the  District  of  Columbia. 

S  64  4.  The  residue  of  moneys  arising  from  any  such 
sale,  under  either  of  the  two  next  preceding  sections,  after 
deducting  the  amount  of  charges,  including  charges  for 
transportation,  the  cost  of  handling  and  storage,  demurrage 
and  the  costs  and  expenses  of  proceedings  to  authorize  the 
sale  and  of  advertising  and  sa!e,  shall  be  paid  to  the  owner 
of  such  freight,  baggage  or  other  property  on  demand. 


3r8 


Xational  Association  of  Eailway  Commissioners 


PUBLIC  SERVICE  LAWS  OF  FLORIDA 


CONSTITUTIONAL  PROVISIONS. 

IN    EFFECT    JANUARY    1,    1887. 

ARTICLE  XVI. 

MISCELLANEOUS    PROVISIONS. 

{  29.  No  private  property  nor  right  of  way  shall  be 
appropriated  to  the  use  of  any  corporation  or  individual 
until  full  compensation  therefor  shall  be  first  made  to 
the  owner,  or  first  secured  to  him  by  deposit  of  money, 
which  compensation,  irrespective  of  any  benefit  from 
any  improvement  proposed  by  such  corporation  or  indi- 
vidual, shall  be  ascertained  by  a  jury  of  12  men  in  a 
court  of  competent  jurisdiction,  as  shall  be  prescribed 
by  law.     (Gen.  Stat.  Fla.  1906,  p.  30.) 

S  30.  The  legislature  is  invested  with  full  power  to 
pass  laws  for  the  correction  of  abuses  and  to  prevent 
unjust  discrimination  and  excessive  charges  by  persons 
and  corporations  engaged  as  common  carriers  in  trans- 
porting persons  and  property,  or  performing  other  serv- 
ices of  a  public  nature,  and  shall  provide  for  enforcing 
such   laws   by   adequate   penalties   or   ferfeitures. 

§  31.  No  railroad  or  other  transportation  company  or 
common  carrier  in  this  State  shall  grant  a  free  pass, 
or  discount  the  fare  paid  by  the  public  generally,  to  any 
member  of  the  legislature,  or  to  any  salaried  oflScer  of 
this  State,  and  the  legislature  shall  prohibit  the  grant- 
ing or  receiving  such  free  pass,  or  fare  at  a  discount, 
by  suitable  penalties.     (Gen.  Stat.  Fla.  1906,  p.  30.) 

STATUTES. 

GENERAL   STATUTES   OP   THE   STATE  OF  FLORIDA, 

FOURTH  DIVISION.    TITLE  4. 

CHAPTER   5. 

RAILROAD  COMMISSIONERS. 

Election  of  commissioners.  §  2882.  There  shall  be  three 
commissioners  elected  by  the  qualified  electors  of  this 
State,  who  shall  hold  office  for  the  term  of  four  years: 
One  at  the  general  election  to  be  held  at  the  time  and 
place  of  voting  for  members  of  the  legislature  in  the 
year  A.  D.  1908,  and  every  four  years  thereafter,  and 
two  at  the  general  election  to  be  held  at  the  time  and 
places  of  voting  for  members  of  the  legislature  in  the 
year  A.  D.  1906,  and  every  four  years  thereafter,  who 
Bhall  succeed  the  members  of  the  railroad  commission 
now  holding  office  at  the  expiration  of  their  term  of 
office.  The  commissioners  heretofore  elected  and  holding 
said  office  shall  remain  and  continue  to  be  commis- 
sioners until  the  expiration  of  their  terms  of  office,  or 
until   lawfully  removed. 

Salary  of  commissioners.  §  2883.  The  salary  of  each 
commissioner  shall  be  $2,500  per  annum,  to  be  paid 
quarterly  from  the  treasury  of  the  State,  and  their  actual 
railroad   fare   while   performing  their   duties. 

Power  of  governor  to  remove  and  fill  vacancies.  §  2884. 
The  governor  shall  have  the  same  power  to  remove,  sus- 
pend or  appoint  to  fill  vacancies  in  the  office  of  commis- 
sioners as  in  other  offices. 

Qualifications  of  commissioners.  §  2885.  The  commis- 
sioners provided  for  in  this  chapter  shall  not  jointly  or 
severally,  or  in  any  way,  be  the  holders  of  any  railroad 
stock  or  bonds,  or  be  the  agents  or  employes  of  any  rail- 
road company,  or  have  any  interest  in  any  way  in  any 
railroad  during  their  terms  of  office. 

Oath  of  office.  §  2886.  Before  entering  upon  the  duties 
of  his  office  each  commissioner  shall  subscribe  to  the 
following  oath:  "i  do  solemnly  swear  (or  affirm)  that 
I  will  support,  protect  and  defend  the  Constitution  and 
government  of  the  United  States  and  of  the  State  of 
Florida;  that  I  am  qualified  to  hold  office  under  the 
constitution  of  the  State,  and  that  I  will  well  and  faith- 
fully perform  the  duties  of  railroad  commissioner,  on 
which  I  am  now  about  to  enter;  tliat  I  am  not  a  stock- 
holder in  any  railroad  or  freight  transportation  company, 
nor  in  any  way,  directly  or  indirectly,  in  the  employment 
of  or  engaged  in  the  management  of  any  railroad  or 
transportation  company,  so  help  me  God."  In  case  any 
commissioner  should  in  any  way  become  disqualified, 
he  shall   at  once  remove  such  disqualification  or  resign. 


^ 


and  upon  his  failure  to  do  so,  he  shall  be  suspended 
from  office  by  the  governor  and  dealt  with  as  provided 
by  law. 

Clerk  of  commissioners  and  his  salary,  and  place  of 
meeting.  §2887  (as  amended  by  Act  of  1907).  Said 
commissioners  may  employ  a  clerk  at  a  salary  of  not 
more  than  $1,500  per  annum.  The  office  of  said  commis- 
sioners shall  be  at  the  capitol  at  Tallahassee,  but  they 
may  hold  sessions  anywhere  in  the  State  at  their  discre- 
tion, and  all  such  sums  of  money  authorized  to  be  paid 
by  this  Act,  out  of  the  State  treasury,  shall  be  paid  only 
on  the  order  of  the  comptroller,  countersigned  by  the 
governor,    not  exceeding  the   sum   of   $25,000   per  annum. 

Rates  of  tolls  allowed  to  be  charged  hy  railroad  co:n- 
panics.  §  2888.  If  any  railroad,  railroad  company  or  com- 
mon carrier,  organized,  or  that  may  be  hereafter  organ- 
ized, or  exist,  in  this  State  under  any  Act  of  incorpora- 
tion or  general  law  of  this  State  now  in  force,  or  which 
may  hereafter  be  enacted,  or  any  railroad,  railroad  com- 
pany or  common  carrier  organized,  or  which  may  be  here- 
after organized,  under  the  laws  of  any  other  State,  ai  d 
doing  business  in  this  State,  shall  charge,  collect,  de- 
mand or  receive  more  than  a  fair  or  reasonable  rate  of 
toll  or  compensation  for  the  transportation  of  passengei's 
or  freight  of  any  description,  or  for  the  use  and  trans- 
portation of  any  railroad  car  upon  Its  tracks,  or  any  of 
the  branches  thereof,  or  upon  any  railroad  within  th  s 
State  which  it  has  the  right,  license  or  permission  lo 
use,  operate  or  control,  the  same  upon  conviction  there(>t 
shall  be  dealt  with  as  hereinafter  provided  for. 

Unjust  discriminations  by  companies  prohibited.  §  288  i. 
If  any  railroad,  railroad  company  or  other  common  ca  • 
rler  as  aforesaid  shall  make  any  unjust  discriminatio  i 
in  its  rates,  or  charges  of  toll,  or  compensation  for  th^ 
transportation  of  passengers  or  freight  of  any  descri)  ■ 
tion,  or  for  the  use  and  transportation  of  any  rallroa  1 
car  upon  any  railroad  or  upon  any  of  the  branches  then  ■ 
of,  or  upon  any  railroad  or  steamship  lines  connecte  I 
therewith,  which  it  has  a  right,  license  or  permissio  i 
to  operate,  use  or  control  within  this  State,  the  sam  > 
shall  be  guilty  of  violating  the  provisions  of  this  Ac  , 
and,  upon  conviction  thereof,  shall  be  dealt  with  a^ 
hereinafter  provided. 

Application  of  Act.  §  2890.  The  provisions  of  this  chaj  • 
ter  shall  apply  to  the  transportation  of  passengers  an  1 
property  and  to  the  receiving,  delivery,  storage  and  banc 
ling  of  property  wholly  within  this  State,  and  shall  appl  ■ 
to  all  railroad  corrorations,  railroad  companies  and  con  ■ 
mon  carriers  engaged  in  this  State  in  the  transportatio  i 
of  passengers  or  property  by  the  railroads  or  commo  i 
carriers  therein,  from  any  point  within  this  State  t ) 
any  point  within  this  State. 

Definition  of  the  term  "railroad."  §  2891.  The  tern 
"railroad"  as  used  in  this  chapter  shall  include  a;  I 
bridges  and  ferries  used  or  operated  in  connection  witi 
any  railroad  operated  wholly  or  in  part  in  this  Stat« , 
all  passenger  terminal  companies  or  union  depot  con  • 
panies  whether  operating  train  service  or  not,  and  als ) 
all  the  road  in  use  by  any  corporation,  receiver,  trus- 
tee, or  any  other  person  operating  a  railroad,  whether 
operated  under  any  contract,  agreement,  lease  or  othei- 
wise,  and  the  term  "railroad  corporation  or  railroa  I 
company,"  as  used  in  this  Act,  shall  be  deemed  to  mean 
all  corporations,  associations,  partnerships,  trustees, 
agents,  assignees  and  individuals,  all  express  companies 
and  sleeping  car  companies  included,  now  owning  or 
operating  or  which  may  hereafter  own  or  operate  any 
railroad  in  whole  or  in  part  in  this  State,  or  ownin,? 
or  operating  any  train  or  car  service  on  any  railroail 
in  this  State.  Whenever  any  railroad  company  owns 
and  operates  in  connection  with  its  road,  and  for  the  pur- 
pose of  transporting  its  cars,  freight  or  passengers,  any 
steamer  or  other  water  craft,  such  steamer  or  water 
craft  shall  be  deemed  a  part  of  its  said  road. 

Definition  of  the  term  "common  carrier."  §  2892.  The 
term  "common  carriers,"  as  used  in  this  chapter,  shall 
be  deemed  to  mean  and  include:  1st.  All  companies 
and   any   person   or   persons   owning  and   operating  rail- 


Public  Service  Laws 


379 


roads  wholly  or  partly  within  this  State.  2d.  All  compa- 
nies and  any  person  or  persons  owning  and  operating 
steamships  engaged  in  the  transportation  of  freight 
or  passengers  from  and  to  ports  within  this  State.  3d. 
All  companies  and  any  person  or  persons  owning  and 
operating  steamboats  used  in  the  transportation  of 
freight  or  passengers  upon  the  rivers  or  inland  waters 
of  this  State.  4th.  All  companies  and  any  person  or 
persons  owning  or  operating  railroads,  passenger  ter- 
minals or  union  depots  for  the  purpose  of  receiving, 
delivering  or  transferring  passenger  traffic  to  and  from 
the  place  or  city  in  which  said  terminal  or  union  depot 
may  be  situated,  or  to  or  from  one  or  more  of  the  rail- 
roads operating  its  train  service  into  said  terminal  or 
depot  from  or  to  any  other  such  railroad  or  railroads; 
whenever  any  steamship  or  steamboat  company  owns 
and  operates  any  barge,  canal  boat,  steam  tug,  ferry 
boat  or  lighter,  in  connection  with  its  ships  or  boats, 
the  thing  so  owned  and  operated  shall  be  deemed  a  part 
of  its   main  line. 

Powers  and  duties  of  commissioners.  §  2893.  Said 
commissioners  shall  make  reasonable  and  just  rates  of 
freight  and  passenger  tariffs,  to  be  observed  by  all 
railroads,  railroad  companies,  and  common  carriers 
doing  business  in  this  State  over  their  respective  lines 
or  connecting  lines;  shall  make  reasonable  and  just  reg- 
ulations for  the  observance  of  the  same  as  to  charges 
at  any  and  all  points  for  the  necessary  handling  and  de- 
livery of  all  kinds  of  freight  and  transportation  of  pas- 
sengers, and  for  the  prevention  of  any  unjust  discrim- 
ination in  connection  therewith;  shall  make  reasonable 
and  just  rates  of  charges  for  the  use  and  transportation 
of  all  kinds  of  railroad  cars,  conveying  all  kinds  of 
freight  to  and  from  any  and  all  points  in  this  State; 
shall  have  the  power  to  make  reasonable  and  just  joint 
rates  for  all  connecting  railroads  doing  business  in  this 
State,  as  to  all  traffic  or  business  passing  from  one  of 
said  railroads  to  another,  and  to  require  the  establish- 
ment of  such  freight  and  passenger  depots  as  the  con- 
dition of  the  road,  safety  and  convenience  of  passen- 
gers and  prompt  delivery  of  freight  and  the  most  con- 
venient transfer  of  passengers  and  freight  may  justify, 
and  for  the  establishing  of  such  schedules  for  the  arrival 
and  departure  of  all  trains  at  such  depots  as  the  public 
comfort  and  convenience  may  require,  and  shall  have 
the  power  to  regulate,  supervise  and  control  all  pas- 
senger terminal  or  union  depot  companies,  whether 
owned  or  operated  by  any  railroad  in  connection  with  its 
main  line,  or  by  a  separate  company  organized  for  that 
purpose,  and  to  require  the  admission  into  such  union 
depot  or  terminal  by  the  owner,  lessee  or  operator 
thereof,  of  any  railroad  company  or  companies  which 
may  desire  to  enter  such  terminal  or  union  depot,  or 
which  may  be  required  to  do  so  by  order  of  the  said 
commissioners,  and  to  compel  the  person  or  company 
operating  said  depot  or  terminal  to  furnish  to  the  rail- 
road entering  the  same  fair  and  equal  participation  In 
all  the  rights,  privileges,  connections,  interchanges  of 
traffic  and  other  benefits  of  said  depot  or  terminal,  and 
to  prescribe  and  enforce  just  and  reasonable  rates  for 
the  uses  of  such  terminals  or  depots  and  the  privileges 
thereof;  and  to  require  two  or  more  railroads  entering 
the  same  town  or  city  to  erect,  operate  and  maintain 
a  joint  passenger  terminal  or  union  depot,  and  to  pro- 
vide for  the  interchange  of  traffic  between  said  railroads; 
also  to  regulate  the  charges  for  storage,  wharfage  and 
demurrage  under  such  just  and  reasonable  conditions 
as  said  commissioners  may  prescribe;  and  shall  have 
power  to  regulate  and  direct  the  use  and  charges  for 
use  of  refrigerator  cars,  refrigerator  fruit  boxes,  icing, 
etc.,  in  transit,  and  to  direct  and  control  all  other  mat- 
ters pertaining  to  railroads  that  shall  be  for  the  good  of 
the  public. 

To  give  notice  in  certain  cases.  §  2894.  Before  applying 
joint  rates  to  roads  r.ot  under  joint  management  and  con- 
trol, the  commissioners  shall  give  30  days'  notice  to  the 
owners,  operators  or  lessees  of  said  road  of  the  joint 
rate  contemplated,  and  of  its  divisions  of  the  same,  and 
give  hearing  to  roads  desiring  to  object  to  said  rates, 
and  shall  make  just  and  reasonable  rules  and  regulations 
for  the  observance  of  all  railroad  companies  operating 
said  road  to  prevent  the  giving  or  paying  of  any  bonus 
or  rebate  or  device  of  any  description  used  by  said  com- 


pany directly  or  indirectly  for  the  purpose  of  deceiving 
or  misleading  the  public  as  to  the  actual  rates  charged. 
Poiver  to  create  basing  points.  §  2895.  The  said  com- 
missioners shall  have  the  power  to  create  rating  or 
basing  points  at  places  where  competing  lines  of  rail- 
roads meet,  or  where  water  or  other  competition  exists, 
and  to  break  the  continuity  of  rates  to  and  from  such 
points,  so  as  to  maintain  competition  between  rival 
lines  and  points,  and  may,  in  fixing  the  rate  upon  any 
commodity,  take  into  consideration  the  competition  be- 
tween different  localities  or  shipping  points  producing  or 
.shipping  such  commodity. 

Power  to  require  necessary  facilities.  §  2896.  Said 
commissioners  shall  have  full  power  and  authority  to  re- 
quire any  railroad,  railroad  company  or  common  carrier 
to  properly  operate  its  railroad  or  transportation  line 
and  to  furnish  all  the  necessary  facilities  for  the  con- 
venient and  prompt  handling,  transportation  and  de- 
livery of  all  freights  offered  along  its  line  for  transpor- 
tation, and  shall  provide  and  prescribe  all  such  rules 
and  regulations  as  may  be  necessary  to  secure  such 
operation  and  the  furnishing  of  such  facilities  and  the 
prompt  handling,  transportation  and  delivery  of  all 
freights  offered,  and  shall  have  full  power  and  authority 
to  regulate,  require  and  provide  for  prompt  delivery 
and  transfer  by  any  such  company  or  common  carrier 
to  any  other  such  company  or  common  carrier  within 
this  State  of  any  and  all  freights  consigned  or  of- 
fered for  transportation  from  any  point  in  Florida 
to  any  point  in  Florida  whenever  such  transfer 
and  delivery  will  afford  a  shorter  or  otherwise  more 
available  route  of  transportation  than  can  be  given  by 
the  company  or  common  carrier  first  receiving  the 
freight,  and  shall  provide  and  prescribe  and  enforce 
observance  of  all  such  rules  and  regulations  as  to  such 
prompt  delivery  and  transfer  as  they  may  deem  neces- 
sary. 

Power  to  require  delivery  by  shortest  and  most  available 
route.  §  2897.  The  commissioners  shall  have  power  to 
regulate,  require  and  provide  for  the  delivery  of  such 
freight  by  the  shortest  or  most  available  route,  .ind  no 
such  company  or  common  carrier  shall  charge  more  com- 
pensation for  the  transportation  of  freight  or  passengers 
over  an  unnecessarily  long  route  than  would  be  a  just 
and  reasonable  charge  for  the  transportation  by  the  near- 
est available  route,  whether  the  nearest  available  route 
be  over  one  railroad  or  line  of  transportation  or  over  more 
than  one. 

To  investigate  through  freight  rates.  §  2898.  It  shall 
shall  be  the  duty  of  the  Railroad  Commission  of  Florida 
to  investigate  thoroughly  all  through  freight  rates  from 
points  out  of  Florida  to  points  in  Florida,  both  those  now 
fixed  and  those  that  may  hereafter  be  fixed.  Whenever 
said  railroad  commission  finds  that  a  through  rate  charged 
into  or  out  of  Florida  is,  in  their  opinion,  excessive  or 
unreasonable  or  discriminating  in  its  nature,  it  shall  be 
the  duty  of  said  commission  to  call  the  attention  of  the 
railroad  officials  in  Florida  to  the  fact  and  to  urge  upon 
them  the  propriety  of  changing  such  rate  or  rates.  When- 
ever such  are  not  changed  according  to  the  suggestions  of 
the  railroad  commissioners,  it  shall  be  the  duty  of  the 
commission  to  present  the  facts,  whenever  it  can  be  done, 
to  the  Interstate  Commerce  Commission  and  appeal  to  it 
for  relief.  In  all  work  devolving  upon  the  railroad  com- 
mission prescribed  by  this  Act,  they  shall  receive  upon 
application  the  services  of  the  attorney-general  of  the 
State,  and  he  shall  also  represent  them  whenever  called 
upon  to  do  so  before  the  Interstate  Commerce  Commission, 
and  he  may  employ  special  counsel  to  assist  him  when- 
ever he  and  the  commissioners  may  deem  it  necessary, 
and  at  such  compensation  as  he  and  the  commissionera 
may  agree  upon. 

To  furnish  corporations  icith  schedule  of  just  and  rea- 
sonable rates.  §  2899.  Said  commissioners  shall  make  and 
furnish  to  each  railroad  corporation  doing  business  in  this 
State,  as  soon  as  practicable,  a  printed  or  written  schedule 
of  just  and  reasonable  rates  and  charges  for  transporta- 
tion of  freights,  passengers  and  cars  on  its  railroad  or 
railroads  under  its  control  or  management,  and  such 
schedule,  certified  by  the  chairman  of  the  commissioners, 
shall  be  admitted  in  evidence  without  necessity  for  other 
proof,  and  shall  in  all  suits  brought  against  any  railroad 
corporation  wherein  is  involved  the  rates  of  any  such  rail- 


380 


National  Association  of  Kailway  Commissioners 


«l 


road  corporation  for  the  transportation  of  freight  of  any 
description  or  charges  for  the  transportation  or  use  of 
any  Icind  of  car  upon  the  tracks  of  any  railroad  or  any  of 
the  branches  thereof,  or  for  the  transportation  of  any 
passenger  or  passengers,  or  for  any  unjust  discrimination 
in  relation  thereto,  be  deemed  and  taken  in  all  the  courts 
of  this  State  as  prima  facie  evidence  that  the  rates  fixed 
in  such  schedule  are  just  and  reasonable  rates  of  charges 
for  the  transportation  of  freight,  cars  and  passengers  upon 
the  railroads,  and  said  commissioners  shall,  as  often  as 
circumstances  may  require,  change  or  revise  any  schedule 
or  schedules  and  furnish  all  railroad  companies  doing 
business  in  this  State  with  notice  of  such  changes  or  re- 
visions, and  such  notice  shall  state  the  time  when  such 
changes  or  revisions  shall  go  into  effect. 

To  give  notice  by  puUication.  §  2900.  The  said  com- 
missioners, before  changing,  revising,  fixing,  adopting  or 
allowing  any  such  schedule,  or  prescribing  any  such  rules 
and  regulations,  shall  give  public  notice  of  their  intended 
action  in  such  newspaper  and  for  such  time  as  shall  be 
deemed  fair  and  seasonable  by  said  commissioners  to  all 
railroad  corporations  to  be  aftected  and  to  the  public  gen- 
erally, of  the  times  and  places  of  their  meetings,  and  all 
railroad  corporations  and  persons  interested  shall  be  en- 
titled to  a  just  and  fair  hearing  before  said  commission- 
ers, and  whenever  any  full  schedule  shall  have  been  made, 
changed  or  revised,  adopted  or  allowed,  or  any  rule  or 
regulation  prescribed  as  aforesaid,  the  commissioners  shall 
in  every  instance  give  the  date  on  which  the  same  shall  go 
into  effect. 

When  personal  notice  to  te  given.  §  2901.  Where  the 
public  interest  does  not  require  that  public  notice  shall  be 
given  by  publication  in  a  newspaper  such  publication  may 
be  omitted,  and  the  commissioners  shall  give  personal 
notice  to  the  railroad  company  or  companies  and  other 
parties  interested.  Said  commissioners  shall  furnish  to 
all  of  said  railroad  corporations  notice  for  the  building  of 
such  freight  and  passenger  depots  and  of  such  changes  of 
schedules  for  the  arrival  and  departure  of  all  trains  on 
said  roads  as  may  in  the  judgment  of  the  commissioners 
be  required  to  secure  reasonably  close  connections  for  the 
convenience  and  comfort  of  the  public,  and  all  courts  in 
this  State  shall  only  require  proof  that  such  notices  were 
duly  served. 

Commissioners  not  to  discriminate  in  classes  of  freight. 
§  2902.  Said  commissioners  in  changing,  revising,  fixing, 
allowing  or  adopting  any  schedule  of  rates  for  freights  or 
cars  shall  not  discriminate  unreasonably  or  unjustly  in 
favor  of  any  one  class  of  freight  to  the  detriment  of  other 
classes  of  freight. 

Railroads  to  furnish  schedule,  etc.  §  2903.  The  railroad 
companies  affected  shall  furnish  at  their  own  cost,  and 
shall  put  in  conspicuous  places,  the  schedules,  rate  sheets, 
etc.,  adopted  by  the  commissioners  according  to  the  rules 
and  regulations  made  by  said  commissioners.  All  the  rules 
and  regulations  made  and  prescribed  by  said  commission- 
ers for  the  transportation  of  persons  and  property  on  the 
railroads  subject  to  the  provisions  of  this  Act,  or  to  pre- 
vent unjust  discrimination  or  other  abuses  by  them,  shall 
be  deemed  and  held  to  be  prima  facie  reasonable  and  just 
and  are  made  prima  facie  evidence  in  the  same  manner 
the  said  schedules  are  made  prima  facie  evidence. 

Duty  of  commissioners  to  investigate  books,  etc.  §  2904. 
It  shall  be  the  duty  of  said  commissioners  to  Investigate 
the  books  and  papers  of  all  railroads,  railroad  companies 
and  common  carriers  doing  business  in  this  State,  to 
ascertain  it  the  rules  and  regulations  aforesaid  have  been 
complied  with,  and  they  may  make  personal  visitation  of 
railroad  offices,  stations  and  other  places  of  business,  for 
the  purpose  of  examination  and  to  make  rules  and  regu- 
lations concerning  such  examinations,  which  rules  and 
regulations  shall  be  observed  and  obeyed  as  other  rules 
and  regulations  aforesaid. 

Power  to  examine  agents  and  employes.  5  2905.  Com- 
missioners shall  have  full  power  and  authority  to  examine 
all  agents  al\d  employes  of  said  railroads,  railroad  com- 
panies and  common  carriers  and  other  persons,  under 
oath  or  otherwise,  in  order  to  procure  the  necessary  in- 
formation to  make  just  and  reasonable  rates  for  freight 
and  passenger  tariffs  and  to  ascertain  if  such  rules  and 
regulations  are  observed  or  violated,  and  to  make  neces- 
sary and  proper  rules  and  regulations  concerning  such 
examinations,  which  rules  and  regulations  shall  be  obeyed 


and  enforced  as  other  rules  and  regulations  provided  for 
in  this  chapter. 

Railroads  to  make  reports,  etc.  §  2906.  E^very  railroad, 
railroad  company  and  common  carrier  incorporat'  J  or 
doing  business  in  this  State,  or  which  hereafter  shall  be- 
come incorporated  or  do  business  in  this  State,  ghall,  an- 
nually on  or  before  the  first  day  of  August,  transmit  to 
the  office  of  the  railroad  commissioners  a  full  and  true 
statement,  under  oath  of  the  proper  ofTicers  of  said  cor- 
poration, of  the  affairs  of  such  corporation,  company  or 
common  carrier  as  the  same  existed  on  the  first  day  of  the 
preceding  July,  specifying:  1.  The  amount  of  capital  stock 
subscribed,  the  number  of  shares,  and  the  par  value 
thereof.  2.  The  names  of  the  owners  of  its  stock,  and 
the  amount  owned  by  them  respectively,  and  the  residence 
of  each  stockholder  as  far  as  known.  3.  The  amount  of 
stock  paid  in  and  by  whom.  4.  The  amount  of  assets  and 
liabilities.  5.  The  names  and  places  of  residence  of  its 
officers.  6.  The  amount  of  funded  or  bonded  debt.  7.  The 
pmount  of  floating  debt.  8.  The  estimated  value  of  tlie 
roadbed,  including  iron  and  bridges.  9.  The  estimati  d 
value  of  rolling  stock.  10.  The  estimated  value  of  sta- 
tions and  buildings.  11.  The  estimated  value  of  oth^r 
property.  12.  The  length  of  single  track  on  the  ma  n 
line.  13.  The  length  of  double  track  on  main  line.  14. 
The  length  of  branches,  stating  whether  they  have  doub  e 
or  single  track.  15.  The  aggregate  length  of  siding  ard 
other  tracks  above  enumerated.  16.  The  number  of  toi  s 
of  through  freight  carried  during  the  year  preceding  tl  e 
making  of  the  report.  17.  The  number  of  tons  of  loci.l 
freight  carried  during  the  same  time.  18.  The  month:  y 
earnings  for  the  transportation  of  passengers  during  tie 
same  time.  19.  The  monthly  earnings  for  the  transport  .- 
tion  of  freight  during  the  same  time.  20.  The  amount  <  f 
expenses  incurred  in  the  running  and  management  ( f 
passenger  trains,  in  the  running  and  management  <  f 
freight  trains  and  in  the  running  and  management  <  f 
mixed  trains  during  the  same  time.  21.  The  expenses  ii  - 
curred  in  the  running  and  management  of  the  road,  inclu(  - 
ing  the  salaries  or  compensation  of  general  ofiicers  for 
the  same  time,  which  shall  be  reported  separately  in  dt  ■ 
tail.  22.  The  amount  expended  for  repairs,  including  mail  - 
tenance  of  roadway  repairs  and  removal  of  bridges,  tie  i 
and  iron.  23.  The  amount  expended  for  other  improvi  - 
ments  not  included  in  the  last  sub-division.  24.  Th  i 
amount  expended  for  motive  power,  cars,  stations,  housei , 
and  all  other  buildings  and  fixtures,  including  all  othe  ■ 
expenditures  in  the  management  and  running  of  said  roac  . 

25.  The  rate  of  fare  tor  passengers  for  each  month  durin  ; 
the  same  time;    through  and   way  passengers   separated . 

26.  The  tariff  of  freights,  showing  the  changes  of  tarif  , 
if  any,  during  the  same  time.  27.  A  copy  of  each  pul 
lished  rate  of  fare  for  passengers  and  tariffs  of  freights , 
issued  for  the  government  of  its  agents  during  the  sam  ■ 
time,  and  whether  the  rate  of  fare  and  tariff  of  freigh; 
in  such  published  lists  are  the  same  as  those  actually  r< 
ceived  by  the  comjiany,  and  if  not,  what  were  receivec 
28.  What  express  companies  run  on  its  roads  and  on  wha' 
terms  and  conditions,  and  the  kind  of  business  done  b:' 
them.  29.  What  freight  and  transportation  companies  ru:i 
on  its  roads  and  on  what  terms,  and  whether  such  freigh- 
and  transportation  companies  use  the  cars  of  the  railroE'i 
company,  or  cars  furnished  by  themselves.  30.  Whethe 
the  freight  or  cars  of  such  transportation  companies  ar 
given  any  preference  in  speed  or  order  of  transportatioi 
and  if  so,  what.  31.  Number  of  free  passes  issued  durinii 
same  time,  and  to  whom.  32.  What  running  or  traffic  ai 
rangements  it  has  with  other  railroad  companies.  32 
What  amount  of  land  was  granted  them  by  the  State  am! 
by  the  United  States;  how  much  of  said  land  has  alread; 
been  actually  conveyed  by  deed;  how  much  land  is  stil 
due  them;  how  much  land  has  been  sold,  and  what  ha 
been  the  gross  receipts  from  such  sales  of  land  sine: 
granted  by  the  State  and  the  United  States;  and  answe' 
such  additional  interrogatories  as  such  commissioners  ma;, 
make  and  propound  to  the  said  railroad  and  express  com 
panies;  and  this  section  shall  apply  to  the  president,  direct 
ors  and  general  oflficers  of  every  railroad  and  express  com 
pany  now  existing,  or  which  shall  hereafter  be  organizes 
and  exist  in  this  State,  and  to  every  lessee,  manager  O] 
operator  of  any  railroad  and  express  line  within  this  State 

Contracts  to  be  submitted  to  commissioners  for  ap 
proval.  §  2907.  All  contracts  and  agreements  between  an: 
and  all  railroads,  railroad  companies  and  common  carriers 
doing  business   in   this   State,  as  to  rates  of  freight  anc 


Public  Service  Laws 


381 


passenger  tariffs,  use  and  transportation  of  cars,  shall  be 
submitted  to  said  railroad  commissioners  for  inspection 
and  correction,  that  it  may  be  ascertained  as  to  whether 
or  not  they  are  reasonable  and  just,  and  will  insure  prompt 
delivery  of  freights  and  passengers  to  points  of  destina- 
tion, or  the  violation  of  any  section  of  this  Act,  and  said 
commissioners  shall  have  power  to  revise  and  correct  the 
same,  and  to  make  such  rules  and  regulations  in  accord- 
ance therewith  as  they  may  deem  necessary,  which  said 
rules  and  regulations  shall  be  observed  and  obeyed  by 
said  railroad,  railroad  companies  and  common  carriers  as 
other  rules  and  regulations  of  this  chapter;  and  any  such 
agreement  not  approved  by  said  commissioners  shall  be 
deemed  illegal  and  void. 

Enforcement  of  rates.  §  2908.  If  any  railroad,  railroad 
company  or  other  common  carrier  doing  business  in  this 
State  shall,  by  any  officer,  agent  or  employe,  be  guilty 
of  a  violation  or  disregard  of  any  rate,  schedule,  rule  or 
regulation  provided  or  prescribed  by  said  commission,  or 
shall  fail  to  make  any  report  required  to  be  ?nade  under 
the  provisions  of  this  chapter,  or  shall  otherwise  violate 
any  provisions  of  this  chapter,  such  company  or  common 
carrier  shall  thereby  incur  a  penalty  for  each  such  offense 
of  not  more  than  $5,000,  to  be  fixed  and  imposed  by  said 
commissioners  after  not  less  than  10  days'  notice  of  the 
charge  of  such  violation  or  disregard  of  rate,  schedule, 
rule  or  regulation,  or  failure  to  make  report  or  other  viola- 
tion of  the  provisions  of  this  chapter,  and  upon  which 
charge  such  company  or  common  carrier  shall  have  had  an 
opportunity  to  be  heard  by  said  commissioners,  which  fine 
or  penalty,  in  the  amount  so  fixed  and  imposed.  If  not 
promptly  paid  to  the  State  treasurer,  shall  be  recovered, 
with  interest  thereon,  by  an  action  brought  by  said  com- 
missioners in  the  name  of  the  State  of  Florida,  in  any 
county  in  the  State  where  such  action  or  violation  has 
occurred,  or  in  any  other  county  in  the  State  through  or 
in  which  such  company  or  common  carri'er  runs  or  does 
business.  The  fact  of  the  fixing  and  imposing  of  such  fine 
by  the  commissioners  shall  constitute  prima  facie  evi- 
dence of  everything  necessary  to  create  the  liability  or 
require  the  payment  of  the  fine  or  penalty  as  fixed  and 
imposed,  and  to  authorize  a  recovery  thereon  in  any  action 
or  proceeding  brought  by  the  commissioners,  and  a  copy 
of  the  entry  in  the  minute  book  of  the  commissioners  of 
the  order  fixing  and  imposing  such  fine  or  penalty,  certified 
by  the  chairman  of  the  board  of  railroad  commissioners, 
shall  constitute  prima  facie  evidence  of  the  fact  that  such 
fine  or  penalty  was  fixed  and  imposed  by  the  commission. 

Hoio  action  commenced.  §  2909.  The  commissioners 
shall  institute  such  action  through  the  attorney-general  or 
State  attorney,  who  shall  not  require  other  fees  than  those 
they  now  receive  by  law,  or  by  special  counsel  employed 
by  the  commissioners  and  attorney-general,  as  provided 
in  this  chapter,  the  fees  of  which  special  counsel  shall  be 
fixed  and  allowed  by  the  commissioners  and  the  attorney- 
general  as  may  seem  to  them  reasonable  and  just;  and 
any  and  all  expenses  of  litigation  and  proceedings  under 
the  provisions  of  this  Act  may  be  by  the  commissioners 
allowed  and  paid,  and  in  the  event  of  recovery  of  any  such 
fine  or  penalty,  may  be  paid  out  of  any  moneys  recovered 
under  the  provisions  of  this  chapter,  and  the  balance  of 
any  moneys  so  recovered  shall  be,  by  the  State  treasurer, 
put  to  the  credit  of  the  railroad  commission,  to  meet  any 
of  the  expenses  of  said  commission  and  the  cost  of  carry- 
ing out  and  enforcing  the  provisions  of  this  Act.  The 
commissioners  shall  have  the  right  to  suspend,  reduce  or 
remit  any  fine  or  penalty  so  imposed,  and  may  suspend, 
reduce  or  remit  the  same  on  such  terms  or  conditions  as 
may  be  fixed  by  them. 

Power  to  sue  in  behalf  of  individuals.  §  2910  (as 
amended  by  Act  of  1907).  If  any  railroad,  railroad  com- 
pany or  other  common  carrier  doing  business  in  this 
State  shall,  in  violation  or  disregard  of  any  rule,  rate  or 
regulation  provided  by  the  commissioners  aforesaid,  inflict 
any  wrong  or  injury  on  any  person,  it  shall  be  the  duty 
of  the  railroad  commissioners,  if  requested  by  such  in- 
jured person,  to  institute  proceedings  to  compel  restitution 
and  to  enforce  the  penalty  incurred  in  any  court  having 
jurisdiction,  and  such  action  by  the  railroad  coriimission 
shall  preclude  settlement  by  the  party  or  parties  injured 
without  the  consent  of  the  commission. \  And  if  any  rail- 
road company  or  common  carrier  shall  discriminate,  by 
way  of  rebate  or  otherwise,  directly  or  indirectly,  in  favor 
of  any  consignor  or  consignee  of  freights  within  "this  State, 


or  allowing  him  a  reduction  of  the  rate  fixed  by  said  com- 
missioners as  reasonable  and  just,  any  other  consignor  or 
consignee  of  freights  within  this  State  shall  have  a  right 
of  action  against  the  said  railroad  company  or  common 
carrier,  and  the  amount  of  his  damages  shall  be  fixed  by 
a  jury,  unless  a  jury  shall  be  waived,  and  the  measure  of 
damages  shall  be  such  sum  or  sums  of  money  as  will 
fairly  compensate  the  injury  done  to  said  last  mentioned 
consignor  or  consignee  But  in  all  such  cases  demand  in 
writing  on  said  railroad,  railroad  company  or  common 
carrier  shall  be  made  for  the  money  damages  sustained 
before  suit  is  brought  for  recovery  under  this  section,  and 
all  suits  under  this  Act  shall  be  brought  within  12  months 
after  the  commission  of  the  alleged  wrong  or  injury,  ex- 
cept in  cases  where  the  railroad  commissioners  have  here- 
tofore been  or  shall  hereafter  be,  by  the  refusal  of  such 
railroad  or  common  carrier  to  observe  the  rates,  rules, 
schedules  or  regulations  by  the  railroad  commissioners, 
compelled  to  resort  to  suits  to  enforce  such  rates,  rules, 
schedules  or  regulations,  and  in  such  cases,  suits  for  such 
loss,  damage  or  penalty  may  be  brought  within  12  months 
after  the  termination  of  such  suits  in  favor  of  the  rail- 
road commissioners. 

Rights  of  injured  persons.  §  2911.  Any  person,  firm 
or  corporation  from  whom  any  moneys  shall  have  been 
exacted  by  any  such  company  or  common  carrier  in  excess 
of  the  amounts  properly  chargeable  under  the  provisions 
of  this  chapter,  and  any  person,  firm  or  corporation  who 
shall  have  suffered  any  pecuniary  injury  by  the  violation 
by  any  such  company  or  common  carrier  of  any  provision? 
of  this  chapter,  shall  have  the  right,  by  written  demand,  ti 
require  the  commissioners  to  enforce  recovery  of  his  dam- 
ages, or  may,  upon  failure  of  the  commissioners  to  insti 
tute  suit  therefor  within  90  days  after  such  written  de- 
mand, institute  suit  in  his  own  name  against  any  such 
company  or  common  carrier  in  any  court  of  competent 
jurisdiction  in  the  county  in  which  the  cause  of  aciion. 
arose,  or  in  any  county  in  the  State  through  or  in  which 
such  company  or  common  carrier  runs  or  does  business; 
and  any  such  person,  firm  or  corporation,  upon  establish- 
ing his  right  of  recovery,  shall  be  entitled  to  recover  the 
total  amount  of  such  overcharge  or  other  pecuniary  injury, 
with  interest  thereon,  together  with  such  additional  amount 
as  the  jury  may  find  necessary  to  reasonably  compensate 
him  for  all  expenses,  including  the  value  of  his  own  time 
and  services,  and  all  reasonable  cost  and  attorneys'  fees 
incurred  in  the  recovery  of  such  damages,  and  such  right 
of  action  shall  exist  in  the  legal  representatives  or  assignee 
of  any  such  person,  corporation  or  firm. 

Additional  expense  account  of  appeal  and  delay.  §  2912. 
In  the  event  of  an  appeal  after  the  judgment  for  such 
recovery  the  Appellate  Court  shall,  upon  an  affirmation 
of  such  judgment,  allow  and  adjudge,  or  require  to  be 
allowed  and  adjudged,  the  payment  of  such  additional 
amount  as  may  be  necessary  to  reasonably  compensate 
the  plaintiff  for  all  such  additional  expenses  as  may  be 
incident  to  the  appeal  and  delay.  And  any  such  action 
or  any  other  action  instituted  by  the  railroad  commission 
shall  be  in  the  name,  except  as  herein  otherwise  pro- 
vided, of  the  "Railroad  Commissioners  of  the  State. 
of  Florida,"  without  using  their  individual  names,  and 
the  recovery  had  thereon  shall  be  held  by  such  commis- 
sioners and  applied  to  the  use  of  the  party  or  parties 
so  injured;  and  such  commissioners  may  unite  in  one 
action  the  claims  of  different  persons  by  whom  they 
may  be  requested  to  institute  such  suits  where  such 
claims  are  of  the  same  character  and  against  the  same 
defendant. 

Rules  of  evidence.  §  2913.  In  all  cases  under  the 
provisions  of  this  chapter  the  rules  of  evidence  shall 
be  the  same  as  in  civil  actions,  except  as  hereinbefore 
otherwise  provided.  The  remedies  hereby  given  the  in- 
jured person  shall  be  regarded  as  cumulative  to  the 
remedies  now  given  by  law  against  railroads,  railroa'a 
corporations  and  common  carriers,  and  this  Act  shall 
not  be  construed  as  repealing  any  statute  giving  such, 
remedies:  Provided,  that  making  recompense  to  any 
person  or  corporation  for  wrongs  or  injuries  done  them 
by  any  railroad,  railroad  company  or  other  common  car- 
rier shall  not  prevent  the  commissioners  from  enforcing 
penalties  for  any  violations  of  rules,  regulations  or  rates. 

Duplicate  freight  receipts.  §  2914.  All  railroads,  rail- 
road companies  and  other  common  carriers  in  this 
State  shall,   upon  demand,  issue   duplicate  freight  receipt 


382 


National  Association  of  Railway  Commissioners 


to  all  shippers  of  freight  In  which  shall  be  stated  the 
class  or  classes  of  freight  shipped,  freight  charges  over 
the  railroad  issuing  such  receipts,  and  as  far  as  prac- 
ticable shall  state  the  charges  upon  the  same  over  the 
connecting  roads  transporting  such  freight,  and  in  all 
cases  the  railroads  receiving  such  freight  shipped  shall 
be  held  in  all  courts  of  this  State  as  responsible  for  the 
prompt  and  safe  delivery  of  same  to  its  point  of  destina- 
tion within  a  reasonable  time  required  for  its  trans- 
portation, which  reasonable  length  of  time  shall  be  de- 
termined after  due  investigation  by  said  railroad  com- 
missioners. When  the  consignee  of  such  freight  pre- 
sents the  railroad  receipt  to  the  agent  of  the  railroad 
last  transporting  said  freight,  such  agent  shall  deliver 
the  articles  shipped  upon  the  payment  of  the  rates 
charged  for  the  class  of  freight  as  stipulated  in  said 
railroad  receipt.  If  any  railroad  company  shall  violate 
this  section  of  this  Act,  it  shall  incur  a  penalty  to  be 
determined  as  provided  for  in  this  chapter. 

Annual  report  to  governor.  §  2915.  It  shall  be  the 
duty  of  the  commissioners  by  the  first  day  of  March  in 
every  year  to  make  to  the  governor  annual  reports  of  all 
transactions  of  their  office,  including  an  itemized  state- 
ment of  penalties  imposed  and  fines  collected,  and  recom- 
mend from  time  to  time  such  legislation  as  they  may 
deem  advisable. 

Power  to  issue  certain  writs.  §  2916.  Said  railroad 
commissioners,  in  making  any  examination  for  the  pur- 
pose of  obtaining  information  pursuant  to  this  Act, 
shall  have  power  to  issue  summons,  subpoena,  subpoena 
duces  tecum  or  other  writs  for  the  attendance  of  witnesses 
by  such  rules  as  they  may  prescribe,  and  such  witnesses 
shall  receive  for  such  attendance  same  fees  and  mile- 
age as  now  allowed  witnesses  by  law  in  the  Circuit 
Court,  to  be  ordered  paid  by  the  governor  upon  presen- 
tation of  subpoena,  accompanied  by  affidavit  of  the 
witness  as  to  the  number  of  days  served  and  miles 
traveled,  made  before  the  clerk  of  said  commissioners, 
who  is  hereby  authorized  to  administer  oaths.  In  case  any 
person  shall  refuse  or  wilfully  fail  to  obey  such  sub- 
poena, subpoena  duces  tecum  or  other  writ  issued  by 
commissioners,  the  said  commissioners  may  issue  an 
attachment  for  such  witness  and  compel  him  to  attend 
before  the  commissioners  and  give  his  testimony  upon 
such  matters  as  shall  be  lawfully  required  by  such 
commissioners;  to  bring  and  produce  such  books  or 
papers  or  documents  required  of  such  person,  and  said 
commissioners  shall  have  the  power  to  punish  for  con- 
tempt as  in  cases  of  refusal  to  obey  the  orders  and  proc- 
ess of  the  Circuit  Courts  of  the  State. 

May  administer  oath.  §  2917.  In  making  any  investiga- 
tions or  examinations  pursuant  to  this  or  any  other 
section  of  this  Act  each  railroad  commissioner  is  hereby 
empowered  to  administer  oaths  or  affirmations,  and  in 
such  examinations  or  investigations  no  person  called 
upon  to  testify  shall  be  excused  from  answering  on  the 
ground  or  claim  that  his  testimony  would  tend  to  incrim- 
inate himself;  but  such  testimony  shall  not  be  used 
against  him  in  any  criminal  proceeding.  The  said  com- 
missioners are  hereby  authorized  in  their  discretion  to 
appoint  any  one  of  their  number  to  make  Investigations 
or  examinations  outside  of  their  office  anywhere  in  this 
State,  and  such  member  in  making  such  investigation 
or  examination  is  hereby  invested  with  the  same  power 
as  the  full  board  would  have.  The  commissioner  so 
appointed  shall  report  to  a  full  board  the  results  of 
his  investigations.  The  secretary  of  said  railroad  com- 
mission is  hereby  authorized  to  serve  any  subpoena, 
notice  or  other  process  or  other  paper  issued  by  the 
commissioners,  and  required  by  them  to  be  personally 
served,  and  it  shall  be  the  duties  of  the  sheriffs  in  the 
different  counties  in  this  State  to  make  such  service 
and  execute  all  process  or  orders  when  required  by  the 
commissioners,  said  sheriffs  to  be  paid  the  same  fees 
as  are  allowed  them  by  law  for  similar  services. 

Power  to  declare  and  punish  contempts.  §  2918.  Every 
officer,  agent  or  employe  of  any  railroad,  railroad  com- 
pany or  other  common  carrier,  who  shall  wilfully  refuse 
to  make  and  furnish  any  report  required  by  the  com- 
mission as  necessary  to  the  purposes  of  this  Act,  or 
who  shall  wilfully  and  unlawfully  hinder,  delay  or  ob- 
struct the  said   commissioners  In  the  discharge  of  their 


duties    imposed    upon    them,    may    be    declared    in    con- 
tempt and  punished  as  provided  tor  in  §  2916. 

When  free  or  reduced  rates  are  allowed.  §  2919.  Noth- 
ing in  this  chapter  shall  prevent  the  common  carrier 
subject  thereto  from  the  carriage,  storage  or  handling 
of  property  free  or  at  reduced  rates  for  charitable  pur- 
poses, or  to  and  from  fairs  or  expositions  for  exhibition 
thereat,  or  free  carriage  of  destitute  or  homeless  per- 
sons, transported  by  charitable  societies,  and  the  nec- 
essary agents  employed  in  such  transportation,  or 
tne  issuance  of  mileage,  excursion  or  commutation  or 
round  trip  passenger  tickets,  or  from  giving  reduced 
rates  to  ministers  of  religion,  or  from  giving  free  passes 
to  their  own  officers  or  employes,  and  their  immediate 
families  dependent  upon  them,  or  to  prevent  the  prin- 
cipal officers  of  any  railroad  company  or  companies 
from  exchanging  passes  or  tickets  with  other  railroad 
companies  for  their  officers  and  employes,  or  free  passes 
or  reduced  rates  to  persons  in  charge  of  live  stock 
shipped  from  point  of  shipment  to  destination  and  re- 
turn, or  from  issuing  second-class  tickets  at  a  lower 
rate  of  fare  than  for  first-class  tickets,  for  the  holders  of 
which  second-class  tickets  so  issued  only  second-class 
accommodations   shall   be   allowed. 

Railroads  to  make  annual  reports.  §  2920.  It  shall  bs 
the  duty  of  all  common  carriers  subject  to  the  provi- 
sions of  this  chapter  to  make  to  the  railroad  commis- 
sioners annually,  at  such  time  as  said  commissioner) 
shall  designate,  and  in  accordance  with  such  forms  a) 
said  commissioners  shall  prescribe,  annual  reports  fo  • 
the  current  year  ending  June  30th  immediately  pre- 
ceding, which  shall  contain  a  statement  of  the  organiza- 
tion, capitalization,  traffic  earnings  and  such  other  mat 
ters  connected  with  their  organization  and  operation:, 
as  said  commissioners  shall  require,  which  said  repor 
shall  be  verifleA  by  affidavits  of  the  principal  officer; 
thereof,  and  said  commissioners  shall  tabulate  and  fil< 
said  annual  reports,  and  include  them  in  their  annua 
report  to   the  governor. 

Mandamus — Injunction,   etc.      §   2921    (as    amended    b: 
Act  of  1907).      Said  commissioners  may  at  their  discretloi 
cause   to   be   instituted   in   any   court  of  competent  juris 
diction   in    this    State,   by   the   attorney-general.    State   at 
torney    or    special    counsel,    designated    by    them,    in    thi 
name    of    the    State,    proceedings    by   or    for    mandamus 
injunction,     mandatory     injunction,     prohibition     or     pro 
cedendo,    against   any    such   company   or   common   carrie: 
subject    to    the    provisions    of    this    Act,    or    against    an; 
officer    or    officers,    agent    or    agents    thereof,    to    compe 
the  observance  of  the  provisions  of  this  chapter,  or  anj 
rule,  rate  or  regulation  of  the  commissioners  made  there 
under,  or  to  compel  the  accounting  for  and  the  refundini 
of   any   moneys   exacted   in   violation  of  any   of   the   pro 
visions    of   this    chapter.      In    all    cases    where   any    com 
mon    carrier    shall    have    become    indebted    or    liable    foi 
damages   to  a  large  number  of  persons  by  reason  of  it! 
failure    to    abide    by    or    comply    with    the    provisions    o 
any  rule,  rate  or  regulation  of  the  commissioners,  or  b; 
its    violation   of  any   provisions   of   this   chapter,    it   shal 
be    the    duty    of   the    railroad    commissioners    to    deman( 
of   such    common   carrier   by   written   notice   served   upoi 
it    a    discovery   of    the    names   of    all    such    persons    an( 
an    accounting   and    payment   to    all    such    persons    of   al 
such     indebtedness    or    damages,    and    if    such    commoi 
carrier  shall  refuse  or  shall  fail  to  make  such  accountinj 
and    payment    within    60    days    after    such    notice    shal 
have    been    served   upon   it,   it   shall   be   the   duty    of   the- 
railroad     commissioners     to     institute     a     proceeding     or 
proceedings    by    or    for   mandamus   or    mandatory    injunc 
tion   against  such  common  carrier  to  compel  the  makint; 
of    such    accountings    and    payments,    and    in    any    sucli 
proceeding    upon    an    adjudication    against    such    common 
carrier   there   shall   be   taxed   as   costs   and   paid   over   to 
the   railroad   commissioners   to   be   paid  out   by   them,   all 
such    costs,    attorney's    fees    and    expenses    of    such    pro- 
ceedings    as     shall     appear     to     the     court     reasonabli! 
under    all    the    circumstances    and    necessary    to    effect 
such      accounting      and      settlement      without      cost      or 
expense  to  the  State  or  to  the  claimants,  and  the  courts 
shall   make   all   such   orders  as   may  be   necessary  or  ad- 
visable   to    secure    an    accounting   and    payTnent    of   costs 
and    damages    as    full    and    complete    as    may    appear    to 
be    practicable,    and    any    money    not    paid    over    to    the 


Public  Service  Laws 


383 


person  to  whom  it  shall  be  due  within  30  days  after  such 
payment  shall  have  been  ordered  made  shall  be  paid 
into  the  registry  of  the  court  to  be  disbursed  to  the 
proper  persons  upon  orders  of  the  court.  And  said  com- 
missioners are  hereby  given  and  granted  full  authority 
to  do  and  perform  any  act  or  thing  necessary  to  be 
done  to  effectually  carry  out  and  enforce  the  provisions 
and  objects  of  this  chapter. 

Judicial  powers.  §  2922.  The  said  railroad  commission- 
ers are  hereby  vested  with  judicial  powers  to  do  or  en- 
force or  perform  any  function,  duty  or  power  conferred 
upon  them  by  this  chapter  to  the  exercise  of  which 
judicial  power  is  necessary. 

Appeals.  §  2923.  Appeals  by  either  party  shall  be  from 
judgments, -orders  and  decrees  of  interior  courts  in  all 
suits  and  cases  brought  under  the  provisions  of  this 
Act  to  the  same  extent  that  appeals  lie  in  similar  suits 
and  cases  brought  under  any  other  law  in  this  State, 
and  not  otherwise;  but  all  such  appeals  shall  be  taken 
to  the  Appellate  Court,  returnable  within  30  days,  and 
shall  be  advanced  to  the  head  of  the  docket  and  given 
precedence  over  all  other  appeals  except  habeas  corpus 
proceedings,  and  shall  be  heard  and  determined  as  soon 
as  practicable  after  the  filing  of  the  appeal  in  the  said 
court,  and  Appellate  Courts  are  hereby  authorized  and 
required  to  establish  such  reasonable  special  rules  and 
regulations  for  the  speedy  trial  and  disposition  of  such 
appeals  as  may  be  necessary  or  advisable  to  secure 
the  prompt  hearing  and  disposition  of  such  appeals,  but 
no  supersedeas  shall  be  granted  from  any  order,  decree 
or  judgment  of  any  court  rendered  in  favor  of  said  com- 
missioners upon  any  proceeding  instituted  or  caused  to 
be  instituted  by  the  commissioners  by  or  for  mandamus, 
injunction,  mandatory  injunction,  prohibition  or  pro- 
cedendo, to  compel  the  observance  of  the  provisions 
of  this  Act,  as  to  any  rule,  rate  or  regulation  of  the 
commissioners  made  thereunder,  but  any  such  order, 
decree  or  judgment  shall  be  respected  and  obeyed 
until  finally  disposed  of  by  the  Appellate  Court,  but 
supersedeas  may  be  granted  in  any  other  suit  or  case 
brought  under  the  provisions  of  this  Act  in  which  a 
supersedeas  could  in  a  similar  suit  or  case  brought 
under  the  provisions  of  other  laws  of  this  State  be 
granted,  but  any  such  supersedeas  shall  be  granted  only 
upon  good  cause  shown  satisfactory  to  the  judge  be- 
fore whom  the  cause  was  tried  and  upon  such  terms 
and  conditions  as  may  appear  to  such  judge  reasonable 
and  proper  and  consistent  with  the  prompt  enforcement 
of  the  provisions  of  this  chapter. 

When  writs  of  injunction  to  lie.  §  2924.  The  writ  of 
injunction  shall  lie  and  obtain  in  all  cases  of  the  viola- 
tion of  any  freight  or  passenger  rate,  or  of  any  schedule 
of  freight  or  passenger  rates,  or  of  any  schedule  of 
either,  or  of  any  failure  or  refusal  to  conform  to  or 
enforce,  or  put  and  keep  the  same,  or  any  or  either, 
in  operation,  by  any  railroad  company  or  other  common 
carrier,  to  prevent  the  violation  of  any  such  rate  or 
schedule,  and  to  compel  any  such  railroad  or  common 
carrier  t')  observe  and  put  and  keep  in  operation  the 
same;  and  in  case  any  issue  shall  arise  upon  the  tri.nl  of 
any  suit  wherein  such  an  injunction  may  be  applied 
for  as  shall  entitle  either  of  the  parties  to  a  jury  to 
try  the  same,  then  It  shall  be  the  duty  of  the  judge 
upon  the  application  for  an  injunction  coming  on  to  be 
heard,  or  being  notioed  for  a  hearing,  to  cause  a  suffi- 
cient number  of  jurors  to  be  drawn  from  the  jury  box 
in  his  presence  in  the  manner  now  prescribed  by  law, 
and  to  be  subpoenaed  to  attend  the  hearing:  Provided, 
however,  that  any  party  desiring  a  jury  hereunder  shall 
file  his  demands  for  the  same  in  writing  at  or  before 
the  hearing  shall  be  entered  upon,  or  shall  be  deemed  to 
have  waived  a  jury.  Such  jury  shall  be  drawn  and 
trial  take  place  in  the  county  where  the  cause  is  pend- 
ing. 

Duty  0/  commissioners  to  appeal  to  Interstate  Commis- 
sion. §  2925.  It  shall  be  the  duty  of  the  railroad  commis- 
sion of  Florida  to  investigate  all  through  rates  from 
joints  out  of  Florida  to  points  in  Florida  and  all  rules 
and  regulations  made  by  transportation  companies  en- 
gaged in  Interstate  business,  both  those  row  fixed  and 
those  that  may  hereafter  be  fixed.  Whenever  any  such 
transportation  company  shall  charge  a  through  rate 
into  or  out  of  Florida,  or  shall  make  any  rule  or  regu- 


lation which  in  the  opinion  of  the  railroad  commission  is 
excessive,  unjust,  unreasonable  or  discriminating  in  its 
nature,  it  shall  be  the  duty  of  the  commission  to  call 
the  attention  of  the  officers  of  the  offending  company  to 
the  fact,  and  to  urge  upon  them  the  propriety  of 
changing  such  rates,  rules  or  regulations.  Whenever 
such  rates,  rules  or  regulations  are  not  changed  ac- 
cording to  the  suggestion  of  the  railroad  commission, 
it  shall  be  the  duty  of  the  commission  to  present  the 
facts  to  the  Interstate  Commerce  Commission  and  appeal 
to  it  for  relief.  In  all  work  devolving  upon  the  railroad 
commission  prescribed  herein  they  shall  receive  upon 
application  the  services  of  the  attorney-general  of  the 
State,  and  he  shall  also  represent  them  whenever  called 
upon  to  do  so  before  the  Interstate  Commerce  Commis- 
sion, atid  he  may  employ  such  special  counsel  to  assist 
him  as  he  and  the  commissioners  may  agree  upon,  when- 
ever he  or  the  commissioners  may  deem  It  necessary, 
and  at  such  compensation  as  he  and  the  commissioners 
may  agree  upon,  and  the  commissioners  may  employ 
special  counsel  to  assist  him  whenever  they  may  deem 
it  necessary,  and  at  such  compensation  as  he  and  the 
commissioners    may    agree    upon. 

Penalty  for  violating  provisions  of  railroad  commission. 
S  3633.  If  any  officer,  agent  or  employe  of  any  railroad 
company  or  other  common  carrier  shall  violate  or  refuse 
to  obey  the  provisions  of  law  relating  to  the  establish- 
ment and  operation  of  a  railroad  commission  in  this 
State,  such  officer,  agent  or  employe  of  such  railroad 
company  or  other  common  carrier  shall,  except  in  cases 
where  the  punishment  is  otherwise  provided,  upon  con- 
viction thereof  be  fined  not  less  than  $250  nor  more  than 
$1,000  for  each  and  every  offense. 

OTHER    STATUTES. 

RAILBOADH  TO  BE  KEPT  IN   CONDITION. 

Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  It  shall  be  the  duty  of  the  railroad  commis- 
sioners of  the  Stale  of  Florida,  and  they  are  hereby 
empowered  to  employ  a  competent  inspector  to  Inspect 
the  physical  condition  of  the  roadbed,  rights  of  way, 
tracks,  depot,  rolling  stock  and  other  fixtures  and  equip- 
ment of  any  railroad  or  railroads  being  operated  wholly 
or  in  part  in  the  State  of  Florida,  and  to  investigate 
and   make   estimate  on  cost  of  reproducing  the  same. 

Such  Inspector  shall  be  paid  such  compensation  as 
said  commissioners  deem  proper  out  of  the  funds  avail- 
able for  the  maintenance  of  the  railroad  commission, 
and  he  shall  report  in  writing  the  result  of  his  inspec- 
tion, investigation  and  estimations  to  the  said  commis- 
sioners at  such  times  and  in  such  manner  as  they  shall 
olrect. 

§  2.  It  shall  be  the  duty  of  said  railroad  commis- 
sioners, and  they  are  hereby  empowered  to  make  and 
adopt  reasonable  rules  and  regulations  requiring  railroad 
companies  and  other  common  carriers  operating  rail- 
roads wholly  or  in  part  in  the  State  of  Florida  to 
maintain  the  roadbeds,  rights  of  way,  tracks,  depots, 
rolling  stock,  and  other  fixtures  and  equipment  of  such 
railway  lines  within  the  State  of  Florida  in  a  safe  and 
proper   condition. 

§  3.  Said  railroad  commissioners  shall  require  all 
railroad  companies  operating  railroads,  either  in  whole 
or  in  part,  within  this  State,  to  construct  and  maintain 
all  their  switches  and  switching  devices  In  a  safe  man- 
ner and  condition. 

§  4.  If  any  railroad  company,  or  other  common  car- 
rier, operating  a  railroad  wholly  or  in  part  In  this 
State,  shall  refuse  to  comply  with  any  rule,  order  or 
regulation  provided  or  prescribed  by  the  railroad  com- 
missioners under  the  authority  of  this  Act,  or  shall 
otherwise  violate  any  of  the  provisions  of  this  Act,  such 
company  or  common  carrier  shall  thereby  incur  a  penalty 
for  each  such  offense  of  not  more  than  $5,000,  to  be 
fixed,  imposed  and  collected  by  said  railroad  commis- 
sioners in  the  manner  provided  In  §  2908  of  the  General 
Statutes    of   the    State   of   Florida. 

§  5.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 

§  6.  This  Act  shall  take  effect  upon  its  passage  and 
approval  by  the  governor. 

Approved   May   27,   1907. 


384 


National  Association  of  Railway  Commissioners 


SPECIAL  COUNSEL. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  T.  The  railroad  commissioners  of  the  State  of 
Florida  are  hereby  authorized  to  employ  special  counsel 
to  advise  them  and  to  conduct  any  or  all  litigation 
or  proceeding  of  any  character  instituted  by  or  against 
them,  and  such  special  counsel  shall  be  paid  such  com- 
pensation as  said  commissioners  deem  proper  out  of  the 
funds  available  for  the  maintenance  of  the  railroad 
commission. 

§  2.  All  suits  Instituted  by  the  railroad  commission- 
ers through  special  counsel  shall  be  conducted  as  now 
provided  by  law,  and  it  shall  be  the  duty  of  the  attorney- 
general  ir  any  State  attorney  to  join  in  any  such  suit 
when  ret;  lested   to  do  so   by   said   commissioners. 

§  3.  Th  3  Act  shall  take  effect  upon  its  passage  and 
approval   \,y   the   governor. 

Approved   May  10,   1907. 

SEPARATE  WAITING   ROOMS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  That  all  railroad  companies  and  terminal  com- 
panies in  this  State  are  required,  within  six  months 
after  the  passage  of  this  Act,  to  provide  separate  wait- 
ing rooms  and  ticket  windows  of  equal  accommodation 
for  white  and  colored  passengers  at  all  depots  along 
lines  of  railway  owned,  controlled  or  operated  by  them, 
and  at  terminal  passenger  stations  controlled  and  oper- 
ated by  them. 

§  2.  That  the  railroad  commissioners  of  the  State  of 
Florida  are  hereby  authorized  to  require  the  bOilding 
or  alteration  of  any  and  all  passenger  depots  and  ter- 
minal stations  in  this  State,  in  such  manner  as  to  se- 
cure the  separation  of  white  and  colored  passengers, 
as  required  by  this  Act,  but  said  commissioners  may 
for  good  cause  shown  extend  the  time  for  the  building 
or  alteration  of  any  such  depot  for  such  time  as  may 
appear  to  them  reasonable.  Said  commissioners  shall 
have  power  to  prescribe  all  necessary  rules,  orders 
and    regulations   necessary   to   carry  this  Act  into   effect. 

§  3.  If  any  railroad  company  or  terminal  company  in 
this  State  shall  refuse  to  comply  with  any  provision 
of  this  Act,  or  to  comply  with  any  rule,  order  or  regula- 
tion provided  or  prescribed  by  the  railroad  commission- 
ers under  the  authority  of  this  Act,  such  company  shall 
thereby  incur  a  penalty  for  each  such  offense  of  not 
more  than  $5,000,  to  be  fixed,  imposed  and  collected 
by  said  railroad  commissioners  in  the  manner  provided 
by  law. 

§  4.  This  Act  shall  take  effect  upon  Its  passage  and 
approval  by  the  governor. 

Approved  May  15,  1907. 

ROAD  MATERIAL. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  That  from  and  after  the  passage  and  approval 
of  this  Act  any  common  carrier  operating  in  this  State  may 
transport  at  free  or  reduced  rates  materials  to  be  used  by 
the  State,  by  any  county  or  by  any  municipality  in  the 
State,  for  roads,  streets  or  bridge  purposes. 

§  2.  This  Act  shall  go  into  effect  immediately  upon 
Its  passage  and  approval  by  the  governor. 

Approved  June  5,  1911. 

FARMERS'  INSTITUTE  TRAINS. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  A  farmers'  institute  train  shall  be  a  train  operated 
under  the  auspices  of  the  agricultural  experiment  station 
at  the  University  of  Florida. 

§  2.  That  all  common  carriers  doing  business  wholly 
or  in  part  within  the  State  of  Florida  are  hereby  au- 
thorized and  empowered  to  transport  free  of  all  charges 
therefor  any  farmers'  institute  train  together  with  such 
persons,  property  and  equipment  necessary  to  perform  and 
carry  out  the  beneficial  purposes  of  the  said  trains  and 
farmers'  institutes  held  in  connection  therewith  in  this 
State. 

§  3.  All  property,  stock,  exhibits  and  accessories  as  are 
necessary  and  convenient  to  the  accomplishment  of  such 
purposes  may  be  transported,  stored  or  otherwise  handled, 
free  of  charge  by  such  common  carriers  in  connection  with 
and  in  furtherance  of  such  trains. 

§  4.  This  law  shall  govern  only  in  such  cases  as 
are  provided  for  In  the  previous  sections  of  the  same,  any 


other  law  to  the  contrary  notwithstanding;  provided,  how 
ever,   That  the   handling  of  such  trains   and   the   persona 
property  and  equipment  above  mentioned  shall  be  subject  t( 
the  jurisdiction  of  the  railroad  commission  of  Florida. 
Approved  June  2,  1911. 

CONSOLIDATION. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  That  §  2812  of  General  Statutes  of  the  Stat« 
of  Florida  be  and  it  is  hereby  amended  to  read  as  follows: 

Consolidation — Lease  and  purchase.  §  2812  (2248).  Anj 
railroad  or  canal  company  in  this  State  shall  have  the 
power,  and  authority  is  hereby  granted,  to  make  and  enter 
into  contracts  with  any  railroad  or  canal  company  which 
has  constructed  or  shall  hereafter  construct  any  railroad 
or  canal  within  this  State  or  in  another  State  as -will  enable 
said  companies  to  run  their  roads  in  connection  with  each 
other,  and  to  merge  their  stock,  or  to  consolidate  with  any 
company  within  or  without  this  State,  or  to  lease  and 
purchase  the  stock  and  property  of  any  such  company,  and 
hold,  u»e  and  occupy  the  same  in  such  manner  as  th<!y 
shall  deem  most  beneficial  to  their  interests.  It  shall  be 
lawful  for  such  companies  to  build,  construct,  and  run  as  s 
part  of  their  corporate  property,  such  number  of  steam  boa -.a 
or  vessels,  as  they  may  deem  necessary  to  facilitate  tl  e 
business  operation  of  such  company  or  companies.  ^  c 
railroad  company  or  canal  company  shall  consolidate  la 
franchises  or  its  line  or  lines  or  its  managament  with  tl  e 
franchises,  line  or  lines  or  management  of  any  compaty 
or  person  owning  or  controlling  any  parallel  or  competirg 
ll«e  of  railroad  or  canal  without  permission  from  the  Sta  ( 
railroad  commission,  and  all  such  consolidations,  or  at- 
tempted consolidations,  without  permission  as  aforesaM, 
shall  be  ultra  vires. 

Approved  June  3.  1911.  .^  . 

CROSSINGS.  ^  j 

Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  All  railroad  companies,  corporations,  firms  <  r 
individuals  owning  or  operating  a  line  of  railroad,  I04 
road  or  tram  road  in  the  State  of  Florida  shall  build,  coi  ■ 
struct,  maintain  and  keep  in  good  condition  highway  crosi  • 
ings  at  all  points  where  said  line  of  railroad  is  crossed  b  ' 
any  public,  county  or  settlement  road  or  by  any  publi  i 
street  where  required  by  the  board  of  county  commissioner  ? 
or  the  town  council ;  such  crossings  to  be  constructed  wit  1 
as  little  slant  as  practicable,  so  as  to  render  easy  passag  j 
over  same  with  loadfed  teams. 

§  2.  The  highway  and  street  crossings  herein  pn  ■ 
vided  for,  shall  at  all  times  be  subject  to  the  inspectio  1 
and  approval  of  the  board  of  county  commissioners  of  th  > 
county  in  which  the  same  is  located,  or  to  the  inspectio  1 
and  approval  of  the  city  or  town  council  if  within  an  li  ■ 
corporated  city  or  town. 

§3.  Whenever  any  crossing  is  not  constructed  cr 
maintained  as  provided  in  §  1  of  this  Act,  the  county  con  - 
missioners,  or  the  city  or  town  council,  as  the  case  may  b« , 
shall  give  to  the  owner  or  operator  of  such  railroad  a  notic  3 
in  writing,  setting  forth  the  place  and  nature  of  crossing 
required,  or  repairs  needed,  requiring  the  crossing  to  bs 
built,  or  the  repairs  made  within  30  days  from  the  time 
of  the  service  of  such  notice.  The  service  of  such  notic  i 
upon  any  agent  of  the  owner  or  operator  of  such  railroac , 
residing  or  having  an  office  or  place  of  business  in  thj 
county,  shall  be  deemed  service  upon  the  owner  or  operatoi-, 
or  such  service  may  be  effected  by  mailing  a  copy  of  th3 
notice  to  any  officer  or  director  of  the  company,  or  to  thi 
owner  or  operator  of  such  railroad,  addressed  to  him  at  his 
usual  place  of  business,  with  the  legal  postage  thereon. 

§  4.  If  the  railroad  company,  owner  or  operator  cf 
such  railroad,  log  road  or  tram  road  shall  fail  or  refuse 
to  construct  such  crossing  or  to  make  the  required  repairs 
within  the  time  specified  in  the  notice  then  the  county  con- 
missioners,  or  the  city  or  town  council,  as  the  case  may 
be,  shall  proceed  to  have  said  crossings  built  or  repaired, 
as  required,  and  upon  completion  thereof  shall  file  in  the 
office  of  the  clerk  of  Circuit  Court  of  the  county  an  item- 
ized statement  of  the  expenses  for  labor  and  material,  sworn 
to  by  the  superintendent  of  the  work,  which  statement  shall 
be  by  said  clerk  forthwithi  recorded  in  the  lien  record 
book,  and  shall  thereupon  become  a  lien  upon  the  roadbed 
and  rolling  stock  of  said  railroad. 

§  5.  Immediately  upon  recording  such  statement  the 
said    clerk    shall    send    a    copy    thereof    by    mail    to    any 


Public  Service  Laws 


385 


officer  or  agent  of  the  owner  or  operator  of  said  railroad, 
log  road  or  tram  road,  or  deliver  the  same  in  person,  and 
if  such  company,  owner  or  operator  shall  fail  to  pay  the 
same  within  20  days  then  suit  may  be  instituted  to  enforce 
the  payment  thereof. 

§  6.  The  liens  created  under  the  provisions  of  this 
Act  may  be  enforced  by  an  ordinary  suit  at  law,  or  as 
is  now  or  may  hereafter  be  provided  by  law  for  the  enforce- 
ment of  liens. 

§  7.  Judgments  rendered  and  entered  under  the  pro- 
visions of  this  Act  shall  include  a  reasonable  allowance 
for  attorney's  fees. 

§  8.  This  Act  shall  become  effective  upon  its  pas- 
sage and  approval  by  the  governor,  or  upon  becoming 
a  law  without  his  approval. 

Approved  May  17,  1911. 

HEADLIGHTS. 

Be  it  enacted  'by  the  legislature  of  the  State  of  Florida: 

§  1.  That  on  and  after  October  1,  1911,  all  railroad 
locomotives  operated  in  this  State  in  the  service  of 
drawing  passenger  or  freight  trains  shall  be  equipped 
with  a  first-class  headlight  of  not  less  than  2,500  candle- 
power,  which  headlight  shall  be  kept  in  good  condition  and 
used  by  those  operating  such  railroad  locomotives.  That 
any  person,  firm  or  corporation  who  shall  fail  to  so  equip 
their  or  its  locomotives  used  in  drawing  passenger  or 
freight  trains  not  equipped  with  a  headlight  as  required 
hy  this  Act;  shall  be  guilty  of  a  misdemeanor  and  shall 
upon  trial  and  conviction  be  fined  not  more  than  |1,000  or 
imprisonment  not  exceeding  12  months. 

Section  2.     That  all  laws  or  parts  of  laws  In  conflict 
herewith  be,  and  the  same  are  hereby,  repealed. 
Approved  May  2.3,  ,1911. 

DRINKING  LIQUORS  ON  TRAINS. 

Be  it  enacted  ly  the  legislature  of  the  State  of  Florida: 

§  1.  That  it  is  hereby  declared  to  be  unlawful 
for  any  person  to  drink  intoxicating  liquors  of  any  kind 
in  or  upon  any  railroad  passenger  train,  or  coach,  or  vesti- 
bule thereof,  or  platform  connected  therewith,  while  said 
train  or  coach  or  vestibules  are  in  passenger  service  in 
this  State.  Provided,  however,  That  nothing  in  this  Act 
shall  be  so  construed  as  to  prevent  the  use  of  liquors  used 
as  a  medicine  in  case  of  actual  sickness. 

§  2.  Any  person  violating  the  provisions  of  §  1 
of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  ex- 
ceeding $100  or  by  imprisonment  in  the  county  jail  not 
more  than  six  months. 
Approved  June  7,  1909. 

REBATES. 

Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

S  1.  That  if  any  common  carrier,  engaged  in  business 
as  such  in  the  State  of  Florida,  or  any  officer,  agent 
or  employe  thereof,  shall,  directly  or  Indirectly,  by 
any  special  rate,  rebate,  drawback,  or  other  'device,  charge, 
demand,  collect,  or  receive  from  any  corporation,  person 
or  persons,  a  greater  or  less  compensation  for  any  service 
rendered,  or  to  be  rendered,  in  the  transportation  of  pas- 
sengers or  property,  than  such  common  carrier  charges, 
demands,  collects  or  receives  from  any  other  corporation, 
person  or  persons  for  doing  it  or  him  or  her  or  them  a  like 
and  contemporaneous  service  in  the  transportation  of  a  like 
kind  of  traffic,  under  substantially  similar  circumstances 
and  conditions,  such  common  carrier,  officer,  agent,  or 
employe  shall  be  guilty  of  unjust  discriminiation,  which 
is  hereby  prohibited  and  declared  to  be  unlawful.  And  it 
shall  be  unlawful  for  any  corporation,  person  or  persons  to 
receive  any  sum  of  money,  rebate,  or  other  thing  of  value, 
directly  or  indirectly,  that  is  prohibited  to  be  given, 
charged,  demanded,  collected  or  received  by  this  Act. 

§  2.  Any  common  carrier  or  corporation  violating 
any  provision  or  provisions  of  §  1  of  this  Act  shall, 
upon  conviction  thereof  by  a  court  of  competent  jurisdic- 
tion, be  fined  not  less  than  $1,000,  nor  more  than  $25,000, 
and  any  officer,  agent  or  employe  of  such  corporation,  or 
any  other  person,  violating  the  provisions  of  this  Act, 
shall,  upon  conviction  by  a  court  of  competent  jurisdiction, 
be  deemed  guilty  of  a  felony  and  confined  in  the  State 
prison  for  a  term  of  not  exceeding  five  years. 
Approved  May  27,  1907. 


FREIGHT  CLAIMS. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  That  it  shall  be  the  duty  of  all  common  car- 
riers operating  within  this  State  and  they  are  hereby 
required  when  any  person  files  with,  or  presents  to,  them 
or  any  station  agent  of  said  common  carrier  to  be  filed, 
his  claim  for  any  freight  or  express  lost  or  damaged  by 
said  common  carrier,  or  for  any  overcharge  made  by  such 
common  carrier  on  any  freight  or  express,  to  pay  the  said 
claim  within  60  days  from  its  filing  with  or  presentation 
to  said  common  carrier  or  any  station  agent  of  such  com- 
mon carrier. 

§  2.  That  should  any  common  carrier  fail  to  com- 
ply with  the  provisions  of  §  1  of  this  Act,  then  the  said 
common  carrier  making  such  failure  shall  be  liable  to  the 
claimant  for  the  amount  of  his  claim  and  50  per  cent  per 
annum  interest  on  the  principal  sum  of  said  claim  from  the 
date  of  the  filing  of  the  same  with,  or  presentation  of  the 
same  to,  the  common  carrier  or  any  station  agent  of  such 
common  carrier,  and  when  the  said  claimant  shall  bring 
suit  and  recover  judgment  for  his  claim  against  said  com- 
mon carrier,  he  shall  be  allowed  the  said  50  per  cent  per 
annum,  in  addition  to  the  principal  sum  of  said  claim,  and 
the  same  shall  be  allowed  in  the  verdict  giving  him  judg- 
ment. Provided,  however.  That  the  claimant  shall  not 
recover  and  have  judgment  for  the  said  50  per  cent  per 
annum,  unless  he  recovers  judgment  for  a  sum  which 
fixes  the  principal  sum  of  said  claim  at  an  amount  greater 
than  the  amount  which  said  common  carrier  had  offered  and 
tendered  to  the  claimant  in  settlement  of  his  claim  before 
the  expiration  of  said  60  days  in  which  the  said  common  - 
carrier  is  required  to  pay  such  claims  under  the  provisions 
of  §  1  of  this  Act. 

§  3.  That  any  common  carrier  who  fails  to  com- 
ply with  the  provisions  of  §  1  of  this  Act  shall,  in  the  event 
that  the  claimant  shall  prevail  in  an  action  to  reccf-  er  on 
his  claim,  be  liable  for  a  reasonable  attorney's  fee,  and  it 
shall  be  the  duty  of  the  court  to  allow  the  claimant  such 
reasonable  attorney's  fee,  which  shall  be  fixed  by  the  court, 
not  to  exceed  $15  If  the  amount  recovered  does  not  exceed 
$100,  and  not  to  exceed  15  per  cent  on  any  amount  re- 
covered greater  than  the  sum  of  $100. 

§  4.  That  all  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  Act  be  and  the  same  are  hereby 
repealed. 

§  5.  That  this  Act  shall  become  operative  upon  Its 
passage  and  approval  by  the  governor. 

Approved  June  3,  1907. 

EXECUTION  AGAINST  STOCKHOLDERS. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  That  §  2677  of  the  General  Statutes  of  the  State 
of  Florida,  relative  to  the  issuing  of  execution  against 
stockholders  of  corporations,  be  amended  so  as  to  read  as 
follows : 

May  Issue  Against  Stockholders.  §  2677  (2152).  If  any 
execution  shall  issue  against  the  property  or  effects  of  any 
corporation,  and  there  cannot  be  found  whereon  to  levy, 
then  such  execution  may  be  issued  against  any  of  the  stock- 
holders to  an  extent  equal  in  amount  for  so  much  as  may 
remain  unpaid  upon  their  subscription  to  capital  stock  and 
no  further. 

Approved  June  8,  1909. 

LICENSE  TAX  $1(3  PER  MILE. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 
§  1.  any  railroad  company  doing  business  in  this  State 
shall  pay  annually  on  the  first  day  of  October  to  the 
comptroller  of  the  State  a  sum  equal  to  $10  for  each  and 
every  mile  of  its  railroad  tracks  in  this  State,  including 
branches,  switches,  spurs  and  sidetracks,  as  shown  by 
the  last  assessment  of  the  said  railroad  company  for 
property  taxation,  as  a  license  tax,  one-half  of  which 
amount  shall  be  paid  into  the  State  treasury,  and  one-half 
.  of  which  amount  shall  be  distributed  immediately  by  the 
comptroller  to  the  various  counties  in  which  such  rail- 
road may  be  located,  proportioned  to  the  amount  of  rail- 
road trackage  in  each  county,  which  license  tax  shall  be  In 
lieu  of  all  other  State  and  county  license  taxes  on  said 
railroad  companies. 

§  2.  Any  city  or  town  hereinafter  described  is 
hereby  authorized  to  impose  upon  any  railroad  company 
whose  tracks  extend  into  or  through  its  corporate  limits 


386 


Xationai.  Association  of  Railway  Commissioxebs 


a  license  tax  not  exceeding  the  sums  following:  Municipali- 
ties of  20,000  inliabitants  or  more,  $250;  those  of  15,000  to 
20,000  Inhabitants,  $150;  those  of  10,000  to  15.000  inhabit- 
ants, $100;  those  of  5,000  to  10,000  inhabitants,  $75;  those 
of  3,000  to  5,000  inhabitants,  $50,  and  those  of  1,000  to  3,000 
Inhabitants,  $25;  those  of  500  to  1.000  Inhabitants,  $15; 
those  of  less  than  500  Inhabitants,  $10. 

For  the  purposes  of  this  section,  the  population  of  any 
such  municipality  shall  be  held  to  be  that  shown  by  the  last 
official  census,  whether  of  the  United  States  or  of  this 
State,  or  by  any  later  census  which  may  be  taken  as  now 
provided  by  law. 

Approved  June  3,  1907. 

DEFICIENCY  APPROPRIATION,   1909. 

Where.\s,  The  railroad  commissioners  of  this  State  have 
found  It  necessary  in  the  prosecution  of  litigation  to  incur 
unusual  and  extraordinary  expenses  since  the  first  day  of 
November,  1907,  in  auditing  the  books  of  the  Florida  East 
Coast  Railway  Company,  the  Louisville  &  Nashville  Rail- 
road Company,  and  the  Atlantic  &  St.  Andrews  Bay  Rail- 
way Company,  at  a  total  cost  of  $10,577.08;  and, 

Whebeas,  By  reason  of  said  extraordinary  expenses  there 
is  a  deficiency  of  funds  to  pay  the  expenses  of  said  railroad 
commission,  which  deficit  amounts  to  $0,747.01;  therefore, 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  That  the  sum  of  $0,747.01  be  and  the  same  is 
hereby  appropriated  to  meet  the  existing  deficiency  in 
the  funds  of  said  railroad  commissioners  and  to  pay  the 
outstanding  and  unpaid  bills  and  the  balance  due  on 
salaries  and  expenses  of  said  railroad  commissioners  for 
six  months  ending  June  30,  1909. 

§  2.  This  Act  shall  take  effect  on  its  passage  and 
approval  by  the  governor. 

Approved  June  5,  1909. 

SEPARATE  QUARTERS  FOR  WHITES  AND  BLACKS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  All  railroad  and  other  common  carriers  doing 
business  in  this  State  shall  provide  equal  separate  ac- 
commodations for  white  and  colored  passengers  on  rail- 
roads, and  all  white  and  colored  passengers  occupying  pas- 
senger cars  which  are  operated  in  this  State  by  any  rail- 
road company  or  other  common  carrier  are  hereby  re- 
quired to  occupy  the  respective  cars,  or  divisions  of  cars, 
provided  for  them,  so  that  the  white  passengers  shall  oc- 
cupy only  the  cars,  or  divisions  of  cars,  provided  for  white 
passengers,  and  the  colored  passengers  only  the  cars,  or 
divisions  of  cars,  provided  for  colored  passengers;  pro- 
vided, that  no  railroad  shall  use  divided  cars  for  the  sepa- 
ration of  the  races  without  the  permission  of  the  railroad 
commission,  nor  any  car  divided  for  that  purpose  in  which 
the  divisions  are  not  permanent. 

§  2.  The  railroad  commissioners  of  the  State  of  Flor- 
ida are  hereby  given  power  and  authority  to  prescribe 
reasonable  rules  and  regulations  relating  to  the  separa- 
tion of  white  and  colored  passengers  in  passenger  cars 
being  operated  in  this  State  by  any  railroad  company 
or  other  common  carrier. 

§  3.  If  any  railroad  company  or  other  common  car- 
rier shall  violate  any  of  the  provisions  of  this  Act,  or 
any  rule,  order  or  regulation  prescribed  by  the  railroad 
commissioners  under  the  authority  of  this  Act,  such  com- 
pany or  common  carrier  shall  'thereby  incur  a  penalty  for 
each  such  offense  of  not  more  than  $500,  to  be  fixed,  im- 
posed and  collected  by  said  railroad  commissioners  in  the 
manner  provided  in  §  2908  of  the  general  statutes  of  the 
State  of  Florida. 

§  4.  Any  white  person  unlawfully  and  wilfully  oc- 
cupying, as  a  passenger,  any  car  or  part  of  car  not  so 
set  apart  and  provided  for  white  passengers,  and  any  col- 
ored passenger  unlawfully  and  wilfully  occupying,  as  a 
passenger,  any  car  or  part  of  car  not  so  set  apart  and 
provided  for  colored  passengers,  shall,  upon  conviction,  be 
punished  by  a  fine  not  exceeding  $500,  or  imprisonment 
not  exceeding  six  months.  Nothing  in  this  Act  shall  apply 
to  persons  lawfully  in  charge  of  or  under  the  charge  of 
persons  of  the  other  race. 

§  5.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 


§  6.     This  Act  shall  take  effect  upon  its  passage  and 
approval  by  the  governor. 
Approved  June  8,  1909. 

SEPARATE  QUARTERS  ON  ELECTRIC  CARS. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 
§  1.  That  all  persons,  association  of  persons,  firms 
or  corporations  operating  urban  and  suburban  (or  either) 
electric  cars  as  common  carriers  of  passengers  in  this  State, 
shall  furnish  equal  but  separate  occommodations  for  white 
and  negro  passengers  on  all  cars  so  operated. 

§  2.  That  the  separate  accommodations  for  white 
and  negro  passengers  directed  in  §  1  of  this  Act  shall  be 
by  separate  cars,  fixed  divisions,  movable  screens,  or  other 
method  of  division  in  the  cars. 

§  3.  That  any  person,  association  of  persons,  firm 
or  corporation  failing,  refusing  or  neglecting  to  make 
provisions  for  the  sepiaration  of  the  white  and  negro  pas- 
sengers on  such  cars  shall,  for  each  offense,  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  $50  nor  more  than  $500.  This  pe:i- 
alty  may  be  enforced  against  the  president,  receiver,  geii- 
eneral  manager,  superintendent  or  other  person  operating 
such  cars. 

§  4.  That  each  day  of  refusal,  failure  or  neglect  to 
provide  for  the  separation  of  the  white  and  negro  pas- 
sengers as  directed  in  this  Act  shall  constitute  a  separate 
and  distinct  offense. 

§  5.  That  the  conductor  or  other  person  in  charge 
of  a  car  shall  see  that  each  passenger  is  in  the  car 
or  division  furnished  for  the  race  to  which  such  pai  - 
senger  belongs,  and  any  conductor  or  other  persons  i  i 
charge  of  such  car  who  shall  permit  any  passenger  of  on  > 
race  to  occupy  a  car  or  division  provided  for  passenger) 
of  the  other  race,  shall  be  deemed  guilty  of  a  misd«  - 
meanor,  and  upon  conviction  thereof  shall  be  punished  b  ■ 
a  fine  of  not  exceeding  $25,  or  by  imprisonment  in  th  ^ 
county  jail  for  not  exceeding  60  days,  or  by  both  such  fin> 
and  imprisonment,  in  the  discretion  of  the  court. 

§  6.  That  any  passenger  belonging  to  one  race  wh'> 
wilfully  occupies  or  attempts  to  occupy  a  car  or  di 
vision  provided  for  passengers  of  the  other  race,  or  whc, 
occupying  such  car  or  division,  refuses  to  leave  the  sami 
when  requested  so  to  do  by  the  conductor  or  other  persoi 
in  charge  of  such  car,  shall  be  deemed  guilty  of  a  misde 
meanor,  and  upon  conviction  thereof  shall  be  punished  b; 
a  fine  of  not  exceeding  $50,  or  by  imprisonment  in  thi 
county  jail  for  not  exceeding  three  months,  or  by  botl 
such  fine  or  imprisonment,  in  the  discretion  of  the  court 
And  the  conductor  or  other  person  in  charge  of  such  car  ii 
hereby  vested  with  full  power  and  authority  to  arrest  sucl 
passenger  and  to  eject  him  or  her  from  the  car. 

§  7.  That  on  the  car  or  division  provided  for  whitt 
passengers  shall  be  marked  in  plain  letters  in  a  con 
spicuous  place,  "For  White,"  and  on  the  car  or  divisioi 
provided  for  negro  passengers  shall  be  marked  in  plaii 
letters  in  a  conspicuous  place,  "For  Colored." 

§  8.  That  nothing  in  this  Act  shall  be  so  construec 
as  to  apply  t6  nurses  of  one  race  attending  children  oi 
invalids  of  the  other  race. 

§  9.  That  this  Act  shall  riot  be  so  construed  as  U 
prevent  the  running  of  special  cars  or  extra  cars,  in  addi 
tion  to  the  regular  schedule  cars,  for  the  exclusive  accom 
modation  of  either  white  or  nogro  passengers. 

§  10.  That  all  laws  and  parts  of  laws  in  conflict  here 
with  be  and  the  same  are  hereby  repealed. 

§  11.  That  this  Act  shall  take  effect  30  days  aftei 
its  passage  and  approval  by  the  governor. 

Approved  May  7,  1907. 

FREE  PASSES. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida. 

§  1.  That  it  shall  be  lawful  for  common  carriers,  in 
eluding  railroad  companies,  operating  in  this  State,  to 
grant  free  passage  or  free  tickets  to  the  immediate  families 
of  their  physicians,  surgeons  and  salaried  attorneys-at-law, 
dependent  upon  them,  and  to  exchange  free  passes  with 
other  common  carriers  for  the  immediate  families  of  their 
physicians,  surgeons  and  salaried  attorneys-at-law,  de- 
pendent upon  them. 

§  2.  This  Act  shall  take  effect  Immediately  upon  be- 
coming a  law. 

Approved  June  3,  1911. 


Public  Service  Laws 


38? 


TELEGRAPH  RATES. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

§  1.  That  from  and  aft«r  the  passage  of  this  Act, 
all  persons,  flnns  and  corporation  owning,  controlling 
or  operating,  or  that  may  hereafter  own,  control  or 
operate  a  line  or  lines  of  telegraph,  whose  line  or  lines 
is  or  are  in  whole  or  in  part  in  this  State,  shall  be 
under  the  control  of  the  railroad  commissioners  of  this 
State,  who  shall  have  full  power  to  regulate  the  prices 
to  be  charged  and  service  to  be  rendered  by  any  per- 
son, firm  or  corporation  owning,  controlling  or  operating 
any  line  or  lines  of  telegraph  for  any  service  performed 
by  such  person,  firm  or  corporation  and  all  the  powers 
given  to  said  commissioners  over  railroads  in  this 
State,  and  all  the  penalties  prescribed  against  railroad 
companies  or  persons  operating  railroads,  by  and  under 
the  laws  of  Florida  are  hereby  declared  to  be  In  force 
against  corporations,  persons,  firm  and  corporation  own- 
ing, controlling  or  operating  a  line  or  lines  of  telegraph. 
The  said  commissioners  shall  also  have  power  and 
authority  to  require  said  companies  to  locate  agencies 
at  railroad  stations,  or  at  other  convenient  points  in  cit- 
ies and  towns  reached  by  railroads  where  the  business 
warrants  it. 

§  2.  That  the  powers  of  the  commissioners  to  regu- 
late charges  by  corporations,  companies  and  persons 
herein  referred  to  shall  apply  only  to  messages  sent 
by   telegraph   from  one  point  to   another  in  this   State. 

S  3.  That  nothing  in  this  Act  shall  be  construed 
to  prevent  telegraph  companies  from  entering  into 
contracts  with  common  carriers  for  the  exchange  of 
services,  nor  to  elfect  existing  contracts  relating  thereto, 
nor  to  prohibit  the  provilege  of  passes  or  franks  or  the 
exchange  thereof  with  each  other  for  the  officers, 
agents,  employes  and  their  families  of  such  telegraph 
companies,  and  the  officers,  agents,  employes  and  their 
families  of  other  common  carrier  subject  to  the  provisions 
of  this  Act. 

§  4.  That  in  so  far  as  the  forms  and  methods  of 
accounting  and  of  reports  are  prescribed  under  the 
authority  of  this  Act  for  corporations  engaged  in  inter- 
state commerce,  they  shall  conform  as  near  as  may  be 
to  the  forms  and  methods  of  accounting  prescribed  for 
such  corporations  by  the  Interstate  Commerce  Commis- 
sion. 

§  5.  Th^jt  all  laws  and  parts  of  laws  in  conflict  with 
this  Act  be,  and  the  same  are  hereby  repealed. 

§  6.  That  this  Act  shall  take  effect  upon  its  passage 
and    approval   by   the    governor. 

(Became  a  law  without  the  approval  of  the  governor.) 

RAILROAD   COMMISSION   TO   AUDIT   BOOKS. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 

i  1.  That  the  sum  of  $25,000  for  the  period  ending 
June  30,  1913,  be,  and  the  same  is  hereby  appropriated 
to  enable  the  railroad  commissioners  to  audit,  investi- 
gate and  examine  into  the  books,  records,  vouchers 
and  accounts  of  the  express  companies  and  of  the  rail- 
road companies  which  are  subject  to  their  jurisdiction  so 
that  the  railroad  commissioners  can  have  sufficient  in- 
formation to  make  rates  and  regulations  upon  the  prin- 
ciples applied  by  law,  and  to  defend  suits  brought 
against  them  by  common  carriers  or  to  bring  suits  to 
enforce   such   rates   and  regulations. 

Any  part  of  the  said  appropriation  not  expended  shall 
revert  to  the  State  treasury. 

§  2.  The  comptroller  is  hereby  authorized  to  draw 
his  warrants  upon  requisitions  of  the  board  of  railroad 
commissioners,  to  be  audited  by  him,  which  warrants 
shall  be  paid  out  of  the  appropriation  made  in  §  1. 

§  3.     This  Act  shall   take  effect  upon  becoming  a  law. 

Approved  June  3,  1911. 

TELEPHONE  RATES. 
Be  it  enacted  by  the  legislature  of  the  State  of  Florida: 
§  ] .  That  from  and  after  the  passage  of  this  Act 
the  powers  of  the  railroad  commissioners  of  the  State 
of  Florida  shall  be  and  the  same  are  hereby  enlarged 
and  extended  so  as  to  confer  upon  said  railroad  com- 
missioners exclusive  power  and  authority  within  this 
State,  and  it  shall  be  their  duty  to  regulate  the  rates 
and  charges  and  service  within  this  State  of  all  per- 
sons, firms  or  corporations  engaged  In  or  carrying  on 
a   telephone   business   within   this   State,   so   far  as   said 


rate  and  charges  apply  to  the  business  of  said  such  per- 
sons, firms  or  corporations  within  this  State:  Provided, 
however,  that  such  rates  and  charges  must  and  shall  be 
in   each   and   every   case  just,   fair  and   reasonable. 

§  2.  That  all  the  terms  and  provisions  of  this  State 
as  embraced  In  chapter  5,  title  4,  fourth  division  of  the 
General  Statutes  and  all  Acts  supplementary  thereto 
or  amendatory  thereof  are  hereby  declared  to  be  of 
force  with  reference  to  all  persons,  firms  or  corporations 
carrying  on  a  telephone  business  within  this  State 
so  tar  as  said  laws  are  applicable  to  such  persons, 
firms  or  corporations  carrying  on  telephone  business 
within  this   State. 

§  3.  That  all  laws  and  parts  of  laws  which  In  any 
way  may  conflict  with  the  terms  and  provisions  of  this 
Act,   be,  and  the   same   are  hereby  repealed. 

§  4.  This  Act  shall  take  effect  upon  passage  and 
approval   by   the  governor. 

Approved    May   26,   1911. 

OTHER  STATUTES  RELATING  TO  CARRIERS. 
ARTICLE   2. 

CAPITAL    STOCK. 

Par  value  of  shares.  §  2802  (2240).  The  capital  stock 
of  a  railroad  or  canal  company  shall  be  divided  into 
shares  of  $100  each. 

ARTICLE  3. 

SPECIAL    POWERS. 

Certain  powers  enumerated.  §  2803  (2241).  Every 
railroad    and    canal    company    shall    be   empowered: 

1.  To  cause  such  examinations  and  surveys  for  the 
proposed  railroad  or  canal  to  be  made  as  shall  be  nec- 
essary for  the  selection  of  the  most  advantageous  route, 
and  for  such  purposes  by  its  officers,  agents  and  servants 
to  enter  upon  the  lands  or  water  of  any  person  for 
that   purpose. 

2.  To  take  and  hold  such  voluntary  grants  of  real 
estate  and  other  property  as  shall  be  made  to  it  to  aid 
in  the  construction,  maintenance  and  accommodation 
of  its  road  or  canal,  but  the  real  estate  received  by 
voluntary  grant  shall  be  held  and  used  for  the  purposes 
of  such   grant  only. 

3.  To  purchase,  hold  and  use  for  all  such  real 
estate  and  other  property  as  may  be  necessary  for  the 
construction  and  maintenance  of  its  road  or  canal 
and  the  stations  and  other  accommodat'"ons  necessary 
to  accomplish  the  objects  of  its  incorporation,  and  to 
sell,  lease  or  buy  any  lands  or  real  estate  not  necessary 
for  its  use. 

4.  To  lay  out  its  road  or  canal,  not  exceeding  200 
feet  in  width,  and  to  construct  the  same,  and,  for  the 
purpose  of  cuttings  and  embankments  and  for  obtaining 
gravel  and  other  material,  to  take  as  much  land  as 
may  be  necessary  for  the  proper  construction,  operation 
and  security  of  the  road  or  canal,  or  to  cut  down  any 
trees  that  may  be  in  danger  of  falling  on  the  road  or 
Into  the  canal,  making  compensation  therefor  as  provided 
for  land  taken  for  the  use  of  the  company. 

5.  To  construct  its  road  or  canal  across,  along 
or  upon  or  use  any  stream  of  water,  water-course, 
street,  highway  or  canal  which  the  route  of  its  road 
or  canal  shall  intersect  or  touch,  and  whenever  the 
track  of  any  railroad  or  canal  shall  touch.  Intersect  or 
cross  any  road,  highway  or  street,  it  may  be  carried  over 
or  under  such  railroad  or  canal,  as  may  be  found  most 
expedient  for  the  public  good;  and  in  case  any  em- 
bankment or  cut  in  the  construction  of  any  railroad 
or  canal  shall  make  it  necessary  to  change  the  course  of 
any  highway  or  street,  the  company  may  construct 
such  road  or  canal  so  as  to  change  the  course  of  di- 
rection of  any  road,  highway  or  street. 

6.  To  cross,  intersect  or  unite  its  railroad  with  any 
other  railroad  heretofore  or  hereafter  to  be  constructed 
at  any  point  in  its  route  or  upon  the  ground  of  any 
other  railroad  company  with  the  necessary  turnouts, 
sidings  and  switches  and  other  conveniences  in  further- 
ance of  the  objects  of  its  connections;  and  every 
company  whose  railroad  is  or  shall  be  hereafter  inter- 
sected by  any  new  railroad  can  unite  with  the  owners 
of  such  new  railroads  forming  such  intersections  and 
connections  and  grant  the  facilities  aforesaid,  and  if  the 
two  corporations  cannot  agree  upon  the  amount  of  com- 


388 


National  Associatiok  of  Railway  Commissioners 


pensation  to  be  made  therefor  and  all  the  points  and  mat- 
ters of  such  crossing  and  connection,  the  same  shall  be  as- 
certained according  to  the  provisions  for  exercising  the 
right  of  eminent  domain,  and  no  company  shall  have 
obtained  the  right  of  way  and  constructed  its  road  at 
the  point  of  intersection  before  the  beginning  of  pro- 
ceedings for  condemnation  shall  be  required  to  alter 
the   grade  or  change   the   location  of  its  road. 

7.  To  take  and  convey  persons  or  property  over  their 
railroad  or  canal  by  the  power  or  force  of  steam  or  ani- 
mals or  by  any  mechanical  power,  and  to  receive  compen- 
sation therefor,  and  to  do  all  the  business  incident  to  rail- 
roads or  canal  business. 

8.  To  erect  and  maintain  all  convenient  buildings, 
wharves,  docks,  stations,  fixtures  and  machinery  for  the 
accommodation  and  use  of  their  passengers  and  freight 
business. 

9.  To  regulate  the  time  and  manner  in  which  passen- 
gers and  property  shall  be  transported. 

10.  To  borrow  such  sums  of  money  at  such  rates  of 
interest  and  upon  such  terms  as  the  company  or  its  board 
of  directors  shall  authorize  or  agree  upon  and  may  deem 
necessary  or  expedient,  and  to  execute  one  or  more  trust 
deeds  or  mortgages,  or  both,  as  the  occasion  may  require, 
of  railroad  or  railroads,  canal  or  canals  constructed  or  in 
process  of  construction  by  said  company,  for  the  amount 
or  amounts  borrowed  or  owing  by  such  company,  as  its 
board  of  directors  shall  deem  expedient;    and  such  com- 
pany  may   make   such   provisions   in    such   trust   deed   or 
mortgage   for   transferring   their   railroad   track   or   canal 
right-of-way,  depots,  grounds,  rights,  privileges,  franchises, 
immunities,    machines,    houses,    rolling    stock,    furniture, 
tools,  implements,  appendages  and  appurtenances  used  in 
connection  with  such  railroad  or  railroads,  canal  or  canals, 
in    any    manner   whatsoever   then    belonging   to   the    said 
company,  or  Which  shall  thereafter  belong  to  it,  as  security 
for  any  bonds,  debts  or  sums  of  money  as  may  be  secured 
by  such  trust  deed  or  mortgage,  as  they  shall  think  proper; 
and  in  case  of  sale  of  any  railroad  or  canal,  or  any  part 
thereof,  constructed  or  in  course  of  construction  by  any 
railroad  or  canal  company,  by  virtue  of  any  trust  deed  or 
of  any  foreclosure  of  any  mortgage  thereon,  the  party  or 
parties   acquiring  title   under  such,   and   their  associates, 
successors  or  assigns  shall  have  or  acquire  thereby,  and 
shall  exercise  and  enjoy  thereafter  the  same  rights,  priv- 
ileges,  grants,   franchises,   immunities   and   advantages   in 
or  by  said  trust  deed  or  mortgage  enumerated  and  con- 
veyed, which  belonged  to  and  were  enjoyed  by  the  com- 
pany making  such  deed  or  mortgage  or  contracting  such 
debt,  so  far  as  the  same  may  relate  or  appertain  to  that 
portion  of  said  road  or  canal  or  the  lino  thereof  mentioned 
or  described  and  conveyed  by  said  mortgage  or  trust  deed, 
and  no  further,  as  fully  and  absolutely  in  all  respects  as 
the  corporators,  office  holders,  shareholders  and  agents  of 
such   conipany  might   or  could   have  done,   had   not   such 
sale  or  purchase  taken  place,  and  such  purchasers,  their 
associates,  successors  or  assigns  may  become  incorporated 
as  provided  by  law. 

Canal  companies  may  condemn  land  for  terminal  fa- 
cilities. §  2804.  Any  railroad  or  canal  company,  which  Is 
a  public  carrier,  or  Intended  to  be,  in  the  construction  of 
its  railroad  or  canal,  or  in  the  extension  of  the  same,  for 
the  purpose  of  securing  terminal  facilities  therefor  on  any 
of  the  waters  of  any  river,  lake,  bay,  gulf  or  ocean,  shall 
have  and  they  are  hereby  given  the  right  to  condemn  for 
the  use  of  such  railroad  or  canal  company,  a  sufficient 
area  of  land  therefor  and  included  in  which  shall  be  space 
on  shore  for  depots,  yards,  switches,  turn-tables,  shops  and 
storehouses,  and  such  area  in  and  over  the  waters  to  the 
limit  of  the  channel,  natural  or  artificial,  of  rivers,  lakes, 
bays,  gulf  or  oceans  sufficient  for  ample  room  for  docks, 
wharves,  elevators,  berths  for  ships,  ware  and  storehouses, 
tracks,  switches,  and  all  required  facilities  for  the  re- 
ception, retention,  transfer  and  forwarding  of  commerce. 

Where  lands  belong  to  State.  §  2805.  Whenever  the 
land  or  water  privileges  mentioned  in  the  preceding  sec- 
tion shall  belong  to  the  State  of  Florida,  the  use  thereof 
for  the  aforesaid  purposes  shall  vest  in  said  railroad  or 
canal  company  upon  the  occupancy  of  both  or  either  the 
said  land  or  water  by  such  company,  for  such  puposes. 
Provided,  that  before  any  rights  shall  accrue  imder  this 
section,  the  railroad  or  canal  company  desiring  such  use, 
shall  file  in  the  office  of  the  secretary  of  State  a  map  or 
Blan  of  the  area  of  lands  and  of  water,  or  either,  so  In- 


tended to  be  used  or  occupied  by  it,  with  such  definitenes 
as  may  be  practicable,  so  as  to  avoid  confusion,  and  whe 
such  plats  or  plan  are  so  filed,  the  party  filing  same  sha 
secure  the  first  right  to  the  occupancy  of  the  designate 
locality,  which  first  right  of  first  occupancy  shall  be  lot 
by  failure  to  use  any  of  the  premises  for  the  aforesai 
purposes  within  two  years  from  the  date  of  such  filing. 

Honing  stock  to  be  fixtures.  §2806  (2242).  All  rollin 
stock  of  any  railroad  company  used  or  employed  in  coi 
nection  with  its  railroad  shall  and  the  same  is  hereb 
declared  to  be  fixtures;  and  all  such  property  and  add 
tional  right-of-way,  depots,  grounds  and  other  real  propert 
acquired  subsequently  to  any  deed  of  trust  or  mortgags 
which  may  be  described  as  provided  for  therein,  shall  b 
subject  to  the  same  lien  as  is  created  by  such  trust  dee 
or  mortgage  upon  the  property  therein  described  and  t 
which  the  company  had  titles  at  the  time  of  its  executior 
Bight  of  way  through  State  lands.  §  2807  (2243).  Ever 
railroad  or  canal  company  which  shall  have  located  or  cor 
structed,  or  which  shall  hereafter  locate  or  construct  t 
road  or  canal  through  any  seminary  lands,  school  lands,  o 
swamp  and  overflowed  lands  owned  and  held  by  this  Stat 
shall  have  the  right  to  take,  occupy,  hold  and  possess  fo 
the  purposes  of  a  railroad  or  canal  a  strip  of  land  200  fee 
wide  through  or  across  each  and  every  tract  of  land  n 
owned  or  held  by  the  State,  or  over  which  said  railroad  o 
canal  is  or  shall  be  constructed.  This  section  shall  no 
be  applicable  to  any  lands  that  shall  be  sold  by  the  Stat( 
prior  to  the  actual  survey  and  location  of  any  such  roi.< 
or  canal  line  and  the  filing  of  a  plat  of  such  road  or  cam 
line  in  the  office  of  the  secretary  of  State  as  prescribed  b; 
the  chapter  on  internal  improvements. 

Right  of  way  through  lands  of  persons  not  sui  jur  t 
§  2808  (2244).  In  case  any  title  or  interest  In  real  esta^ 
required  by  any  raiirpad  company  formed  under  any  la;i 
of  this  State  for  its  incorporation  shall  be  vested  in  ai : 
trustee  not  authorized  to  sell,  release  and  convey  the  sam ; 
or  in  an  infant,  idiot  or  person  of  unsound  mind,  the  Ci- 
cuit  Court  shall  have  power  by  a  summary  proceeding  i  i 
petition,  to  authorize  and  empower  such  trustee  or  tl  ( 
guardian  of  such  infant,  idiot  or  person  of  unsound  mire 
to  sell  and  convey  the  same  to  such  company  for  the  pu- 
poses of  its  incorporation  on  such  terms  as  may  be  jus  : 
and  in  case  any  such  infant,  idiot  or  person  of  unsoun  ; 
mind  has  no  guardian,  the  said  court  may  appoint  i 
guardian  for  the  purpose  of  making  such  sale,  release  <  i 
conveyance,  or  may  require  security  from  such  guardian 
as  the  court  may  require  and  deem  proper.  But  befoi ; 
any  conveyance  or  release  authorized  by  this  section  sha  1 
be  executed,  the  terms  on  which  the  same  is  execute  1 
shall  be  reported  to  the  court  on  oath,  and  if  the  court  ? 
satisfied  that  such  terms  are  just  to  the  party  interestf  i 
in  such  real  estate,  the  court  shall  confirm  the  report  an  1 
direct  the  proper  conveyance  and  release  to  be  exeeutei  , 
which  shall  have  the  same  effect  as  if  executed  by  ai 
owner  of  said  land  having  legal  power  to  sell  and  convev 
the  same. 

Crossing  highways.  §2809(2245).  Whenever  the  trac k 
of  a  railroad  or  a  canal  constructed  by  a  company  forme  1 
under  any  law  of  this  State  shall  cross  a  railroad  or  high- 
way, such  highway  may  be  crossed  under  or  over  the 
track,  as  may  be  found  most  expedient,  and  in  case  where 
an  embankment  or  cutting  shall  make  a  change  in  the  line 
of  such  highway  or  is  desirable  with  a  view  to  more  easy 
ascent  or  descent,  said  company  may  take  such  addition!  1 
lands  for  the  construction  of  such  road  or  highway  oa 
such  new  line  as  may  be  deemed  requisite  by  the  directois 
unless  the  land  so  taken  for  the  purpose  aforesaid  shall  be 
donated  by  the  owners.  The  county  commissioners  sha  1 
declare  such  roads  or  highways,  as  located  by  the  railroad 
or  canal  company,  open  for  the  purposes  of  a  public  road 
or  highway,  without  cost  or  expense  to  such  railroad  cr 
canal  company,  and  such  land  so  declared  open  shall  be 
held  for  highway  purposes. 

Change  of  route.  §  2810  (2246).  The  directors  of  every 
railroad  or  canal  company  may,  by  a  vote  of  two-thirds 
of  their  whole  number,  at  any  time  alter  or  change  the 
route  or  part  of  the  route  of  the  road  or  canal  as  con- 
structed, if  it  shall  appear  to  them  that  the  line  can 
be  improved  thereby.  The  company  shall  make  and  file 
in  the  office  of  the  secretary  of  State  a  certificate  of 
such  alteration  or  change,  which  certificate  shall  then 
be  entered  of  record  and  such   company  shall  have  the 


Public  Service  Laws 


389 


same  right  and  power  to  acquire  title  to  any  land  re- 
quired for  the  purposes  of  the  company  in  such  altered 
or  changed  route  as  if  the  road  had  been  located  there 
in  the  first  instance.  No  such  alteration  shall  be  made 
in  any  city  or  town,  after  the  road  shall  have  been 
constructed,  unless  the  same  shall  be  sanctioned  by  a 
vote  of  the  common  council  of  the  said  city,  and  in  case 
of  any  alteration  made  in  the  route  of  any  railroad 
which  the  company  has  commenced  grading  compensa- 
tion shall  be  made  to  all  persons  for  injury  so  done  to 
any  lands  that  m^y  have  been  donated  to  the  company. 
All  the  provisions  of  law  relative  to  the  first  location  and 
acquiring  title  to  land  shall  apply  to  every  such  new  or 
altered  portion  of  the  route. 

Extension.  §  2811  (2247).  Any  railroad  or  canal  com- 
pany now  existing  or  hereafter  organized  under  the 
laws  of  this  State  may  extend  its  railroad  or  canal  from 
any  point  named  in  its  chartei',  or  may  build  branch 
railroads  from  any  point  or  points  on  the  line  of  road. 
Before  making  any  such  extension  or  building  such 
branch  road  or  canal,  the  company  shall,  by  resolution 
of  its  board  of  directors  to  be  entered  in  the  records  of 
its  proceedings,  designate  the  route  of  such  proposed 
extension  or  branch  in  the  manner  prescribed  in  the 
preceding  section  and  file  a  certificate  as  therein  pro- 
vided. 

Consolidation — Lease  and  purchase.  §  2812  (2248).  Any 
railroad  or  canal  company  in  this  State  shall  have  the 
power,  and  authority  is  hereby  granted,  to  make  and 
enter  into  contracts  with  any  railroad  or  canal  com- 
pany which  has  constructed  or  shall  hereafter  construct 
any  railroad  or  canal  within  this  State  or  in  another 
State  as  will  enable  said  companies  to  run  their  roads 
in  connection  with  each  other,  and  to  merge  their  stock, 
or  to  consolidate  with  any  company  within  or  without 
this  State,  or  to  lease  and  purchase  the  stock  and  prop- 
erty of  any  such  company,  and  hold,  use  and  occupy 
the  same  in  such  manner  as  they  shall  deem  most  bene- 
ficial to  their  interests.  It  shall  be  lawful  for  such  com- 
panies to  build,  construct,  and  run  as  a  part  of  their 
corporate  property,  such  number  of  steamboats  or 
vessels,  as  they  may  deem  necessary  to  facilitate  the 
business  operation  of  such  company  or  companies. 
Parallel  or  competing  lines  of  railroad  may  not  con- 
solidate their  several  franchises,  lines  or  railroad  or 
the  management  thereof,  without  special  permission  from 
the  State  railroad  commission,  and  all  such  consolida- 
tions, or  attempted  consolidations,  without  the  permis- 
sion as  aforesaid,  shall  be  ultra  vires. 

Canal  company  may  fix  rates  of  toll,  etc.  §  2813  (2249). 
The  president  and  directors  of  any  canal  or  naviga- 
tion company  are  authorized  to  agree  upon  such  rates 
of  tolls  for  the  use  of  such  navigation  as  they  may  deem 
reasonable,  and  as  shall  be  approved  by  the  board  of 
trustees  of  the  internal  improvement  fund,  and  such 
company  may  collect  tolls  on  all  vessels  or  other  water 
craft,  which  may  pass  or  repass  through  any  canal 
which  such  company  may  cut  or  construct,  or  which  may 
pass  or  repass  through  any  channel  they  may  have 
dredged  or  deepened,  and  such  company  shall  be  entitled 
to  demand  and  receive  said  tolls  on  all  produce,  mer- 
chandise, goods  or  other  articles  which  may  be  trans- 
ported tlnoiigh  any  of  the  canals  cut,  or  waters  im- 
proved by  such  company;  and  all  produce,  goods,  mer- 
chandise, boats  or  other  articles  or  things,  which  may  be 
transported  or  conveyed  through  any  of  said  canals  con- 
structed or  waters  made  navigable,  shall  be  liable  for 
the  tolls  and  fees  to  which  they  are  respectively  charge- 
able,  and  may  be  detained  until  the  same  are  paid  and 
acquitted. 

Companies  may  exercise  rights  outside  of  State.  §  2814 
(2250).  Any  railroad  or  canal  company  heretofore  or  here- 
after incorporated  under  the  laws  of  this  State,  may  ex- 
ercise all  its  rights,  franchises  and  privileges  in  any 
other  State  or  Territory  of  the  United  States,  under 
and  subject  to  the  laws  of  the  State  and  Territory 
where  it  may  exercise  or  attempt  to  exercise  the  same, 
and  may  accept  from  any  other  State  or  Territory,  and 
use  any  other  additional  power  and  privilege  applicable 
to  the  carrying  of  persons  and  property  hv  railway, 
steamboats  or  ships,  in  said  State,  Territory,  or  on  the 
high  seas  or  otherwise,  applicable  to  the  doings  of  said 
company  as  herein  provided. 


Companies  incorporated  in  other  States  may  constrttct 
or  own  lines  in  this  State.  §  2815  (2251).  Any  railroad 
or  canaT  company  already  or  hereafter  organised  under 
or  by  virtue  of  the  laws  of  any  other  State  or  Territory, 
desiiing  to  extend  or  construct  any  part  of  the  whole 
of  its  line  or  lines  of  railroad  or  canal  in  this  State 
shall,  upon  filing  in  the  office  of  the  secretary  of  State 
a  copy  of  its  charter  or  charters,  be  entitled  to  all 
the  powers  and  privileges,  and  be  subject  to  all  the 
liabilities  enjoyed  by  and  imposed  upon  domestic  com- 
panies of  the  same  nature.  Whenever  a  railroad  com- 
pany organized  under  and  by  virtue  of  the  laws,  ^of 
another  State  becomes  the  owner  of  a  line  of  road  al- 
ready completed  in  this  State,  said  railroad  company, 
upon  filing  in  the  office  of  the  secretary  of  State  a 
copy  of  its  charter  or  reorganization  either  before  or 
after  the  enactment  of  this  provision,  shall  be  entitled 
to  the  said  powers  and  privileges  and  subject  to  the 
said  liabilities  enjoyed  by  and  imposed  upon  domestic 
companies  of  the   same  nature. 

SUB-CHAPTER  VI.  ARTICLE  I. 

8FECIAI,  PROVISION   FOR   TELEGRAPH   COMPANIES — DEFINITION. 

What  "telegraph"  includes.  §  2816  (2252).  The  word 
"telegraph"  shall  Include  "telephone"  or  any  other 
method  of  transmitting  messages  by  means  of  electrical 
apparatus. 

ARTICLE   II. 

REQUISITES   OF   PROPOSED   CHARTER. 

Special  requirements.  §  2817  (2253).  The  proposed 
charter  of  a  railroad  company,  in  addition  to  the  gen- 
eral requirements,  shall  state  the  place  from  and  to 
which  the  line  is  to  be  constructed  or  maintained  and 
operated,  its  length  as  near  as  may  be,  and  the  name  of 
each  county  in  the  State  through  or  into  which  it  Is 
made  or  intended  to  be  made. 

Affidavit  of  good  faith.  §  2818  (2254.)  Every  proposed 
charter  of  such  company  shall  have  annexed  to  it  an 
afl[ldavit  by  a  majority  of  subscribers  thereto,  that  it 
is  intended  In  good  faith  to  construct,  maintain  and 
operate  the  telegraph  line  mentioned  therein,  which  affi- 
davil  shall  be  recorded  by  the  secretary  of  State,  to- 
gether with  the  charter. 

ARTICLE   III. 

CAPITAL    STOCK. 

Par  value  of  share.  §  2819  (2255).  The  capital  stock 
Of  a  telegraph  or  telephone  company  shall  be  divided 
into  shares  of  not  less  than  $10  each.  The  capital  stock 
of  all  telegraph  and  telephone  corporations  incorporated 
before  the  first  day  of  June,  A.  D.  1895,  in  which  the 
par  value  of  the  shares  has  been  fixed  at  less  than 
$100  and  more  than  $10  shall  be  valid. 

ARTICLE   IV. 

SPECIAL    POWERS. 

To  occupy  roads.  §  2820  (2256).  Any  telegraph  or  tele- 
phone company  chartered  by  this  or  another  State,  or 
any  individual  or  individuals  operating  or  desiring  to 
operate  a  telegraph  or  telephone  line  or  lines  in  this 
State,  may  erect  posts,  wires  and  other  fixtures  for 
telegraph  and  telephone  purposes  on  or  beside  any 
public  road  or  highway,  so  however,  that  the  same  shall 
not  be  set  so  as  to  obstruct  or  interfere  with  the  com- 
mon uses  of  said  roads  or  highways.  Permission  to  oc- 
cupy the  streets  of  an  incorporated  city  or  town  must 
first   be   obtained   from   the   city   or   town   council. 

Procedure.    §  2822.    Omitted. 

Acquire  easement  only.  §  2828.  The  telegraph  or  tele- 
phone company  by  such  proceedings  shall  acquire  only  an 
easement  in  and  to  said  railroad  right  of  way,  for  the  pur- 
pose of  constructing,  maintaining  and  bperating  its 
telegraph  or  telephone  line  thereon,  and  only  the  in- 
terest of  such  parties  as  are  brought  before  the  court 
shall  be  condemned  in  any  such  proceedings.  If  the 
easement  or  right  of  way  claimed  extends  into  or 
through  more  counties  than  one,  the  whole  right  and 
contrrversy  may  be  heard  and  determined  in  one  county 
Into  or  through  which  such  right  of  way  extends. 


390 


'National  Association  of  Railway  Commissiokers 


ARTICLE  V. 

UATEff. 

Rates.  §  2829  (2258).  It  shall  not  be  lawful  for  any 
telegraph,  cable  company  or  an>  company  transmitting 
telegraph  messages  in  the  State  of  Florida  to  charge  and 
collect  more  than  4  cents  i>er  word  for  the  first  10  words, 
exclusive  of  the  date,  address  and  signature,  of  any  mes- 
sage transmitted  over  any  ocean  or  cable  telegraph  line 
a  distance  of  100  miles;  2  cents  per  word  for  every  addi- 
tional word  for  the  same  number  of  miles  within  the  State 
of  Florida  and  proportionate  rates  for  any  greater  or  less 
number  of  miles  that  any  message  is  transmitted.  They 
shall  also  not  charge  more  than  2  cents  per  word  for  the 
first  ten  words  of  any  message  transmitted  over  any  land 
telegraph  line  within  the  State  for  the  first  100  miles, 
1  cent  per  word  for  every  additional  word  of  any  message 
for  the  same  number  of  miles  within  the  State  of  Florida 
and  proportionate  rates  for  any  greater  or  less  number  of. 
miles  that  any  message  is  transmitted. 

TITLE  IV. 

REGULATION   OF   RAILROADS. 

CHAPTER   I. 

DUTIES  IX  0PEB.\T1XG  TRAINS. 

To  Stop  at  crossings.     §  2840.     Omitted. 

To  post  sign  and  ring  bell  at  road  crossings.  §  2841. 
Omitted. 

Fixing  hours  of  labor  for  trainmen.  §  2843.  It  shall 
be  unlawful  for  any  railroad  doing  business  in  this  State 
to  require  or  permit  its  employes,  who  are  engaged  in  the 
business  of  operating  its  trains  over  its  roads,  to  make 
runs  of  over  13  hours,  or  make  runs  aggregating  more  than 
13  hours  in  any  24  hours,  except  when  such  train  is  detained 
by  reason  of  casualty,  or  other  cause,  from  reaching  its 
destination  on  schedule  time,  and  no  conductors  and  en- 
gineers, after  having  been  on  a  run  or  runs  for  as  much 
as  13  hours  out  of  every  24  hours,  shall  be  required  to  again 
go  on  duty  until  after  eight  hours'  rest,  except  In  the  case 
above  stated.  No  employe  of  any  railroad  company  shall 
be  deprived  of  his  right  to  recover  damages  for  personal 
Injury  by  reason  of  the  fact  that  he,  at  the  time  of  such 
Injury,  was  making  a  run  of  more  than  13  hours,  or  making 
a  run  aggregating  more  than  13  hours  in  24  hours,  or  had 
gone  on  duty  after  a  13  hours'  run,  or  runs  aggregating 
13  hours  before  eight  hours'  rest. 

Any  railroad  violating  any  of  the  'provisions  of  this 
section  shall  be  subject  to  a  forfeiture  of  not  less  than  $50 
nor  more  than  $500;  all  forfeitures  collected  under  the 
provisions  of  this  Act  shall  be  paid  into  the  State  treasury 
to  the  credit  of  the  school  fund. 

Demand  for  freight,  when  prohibited.  §  2844.  It  shall 
be  unlawful  for  any  common  carrier  in  this  State  to 
demand  of  any  consignee  the  freight  on  goods,  wares  and 
merchandise  not  delivered  or  ready  to  be  delivered,  as  a 
condition  precedent  to  the  delivery  of  goods,  wares  or 
merchandise  in  the  custody  of  said  common  carrier,  at  the 
point  of  destination.  And  upon  a  tender  by  any  consignee 
of  the  freight  due  upon  any  goods,  wares  or  merchandise 
in  the  custody  of  such  carrier  at  the  point  of  destination, 
it  shall  be  his  duty  to  deliver  the  same. 

Should  any  common  carrier  in  this  State  violate  the 
provisions  of  this  section,  it  shall  forfeit  a  sum  in  double 
the  amount  of  the  freight  demanded  on  goods,  wares  or 
merchandise  not  delivered  or  ready  to  be  delivered,  to 
be  collected  by  suit  before  any  competent  court  having 
jurisdiction  of  the  amount. 

Delivery  and  storage  of  freight.  §  2847.  It  shall  be  the 
duty  of  all  common  carriers  engaged  in  the  transportation 
and  delivery  of  freights  in  this  State  immediately  upon 
receipt  of  any  freights  at  the  point  to  which  it  may  be 
consigned,  to  notify  in  writing  the  consignee  of  the  same. 
Such  common  carriers  shall  make  no  charges  for  the  stor- 
age of  such  freight  until  after  the  expiration  of  three  days 
after  such  notice  is  given  as  hereinbefore  provided.  And 
such  common  carriers  shall  be  liable  for  said  freight. 

Depot  contract.  §  2848.  Whenever  any  railroad  com- 
pany in  this  State  obtains  from  any  person,  corporation 
or  firm  any  grant  of  land,  money,  right-of-way  or  other 
thing  of  value  on  condition  that  the  said  railroad  company 
shall  construct  a  depot,  side  track  or  warehouse  at  any 


point  or  locality  on  the  line  of  its  road,  such  condition 
shall  be  held  and  deemed  a  contract  and  specific  perform- 
ance of  the  same  shall  be  decreed  on  bill  in  chancery 
filed  by  the  person,  corporation  or  firm  entitled  thereto  in 
the  Circuit  Court.  If  any  railroad  company  shall  fail  or 
refuse  to  obey  any  decree  rendered  pursuant  to  this  section, 
it  shall  be  the  duty  of  the  judge  of  the  Circuit  Court  ren- 
dering the  decree,  on  the  failure  or  refusal  of  the  railroad 
company  to  obey  the  said  decree  being  made  known  to 
him,  to  appoint  a  receiver  for  the  railroad  of  said  railroad 
company,  who  shall  thereupon  carry  out  the  terms  of  tlie 
decree  out  of  such  funds  as  may  come  into  his  hands  us 
receiver. 

Duty  of  railroad  companies  with  crossing  lines.  §  2849. 
It  shall  be  the  duty  of  all  railroad  companies  in  this  State, 
crossing  or  meeting  each  other  at  any  point,  to  construct 
such  switches,  side-tracks  and  connections  as  will  enable 
th.em  to  transport  cars  to  and  from  each  other's  lines;  and 
the  expense  of  such  construction  shall  be  borne  equally 
by  such  connecting  lines  of  railroad:  Provided,  That  the 
gauge  of  such  connecting  lines  is  the  same. 

^  Shipping  of  freight.  §  2850.  It  shall  be  the  duty  ol 
all  railroad  companies  or  other  common  carriers  doirg 
business  in  this  State  to  ship  all  freights  received  by  the;n 
by  such  routes,  and  deliver  the  same  to  such  connectiBg 
lines,  as  the  shippers  may  direct;  and  no  railroad  company 
or  other  common  carrier  shall  refuse  to  receive  any  freigl  t 
because  it  is  billed  by  the  shipper  by  any  particular  rout*  : 
And,  Provided,  That  no  railroad  company,  nor  other  com- 
mon carrier,  shall  charge  any  higher  rate  for  delivering 
freight  to  a  connecting  line  than  would  be  charged  by 
said  company  for  delivering  freight  to  individuals  at  tba 
place  where  such  connecting  road  or  common  carrit  r 
receives  such  freight. 

To  receive  cars  from  connecting  lines.  §  2851.  It  sha  1 
be  the  duty  of  all  railroad  companies  or  other  commo  i 
carriers'  to  receive  from  connecting  lines  cars  loaded  wit  i 
freight  or  empty  cars,  and  transport  the  same  to  their 
destination,  or  to  such  other  connecting  line  as  they  ma  • 
be  consigned  to,  and  return  such  cars  to  the  connecting 
line  from  which  they  are  received,  and  to  deliver  to  coi  - 
necting  lines  cars  loaded  with  freight,  or  empty  cars,  a  i 
they  may  be  consigned;  and  no  railroad  company  in  thi  i 
State  shall  charge  or  collect  any  higher  rate  of  freight  o  • 
wheelage  than  would  be  charged  for  transporting  and  d<  • 
livering  freights  to  individuals  between  the  point  of  n  ■ 
ceipt  and  the  point  of  delivery. 

Recovery  of  damages.  §  2852.  If  any  person,  firm  cr 
conwration  shall  be  damaged  by  the  refusal  or  failure  cf 
any  railroad  corporation  to  obey  the  provisions  of  the  thre  > 
preceding  sections,  such  person,  firm  or  corporation  sha  1 
upon  suit  brought,  recover  from  the  railroad  compan  ' 
so  violating  said  sections  damages  in  full  of  the  amount 
of  loss  actually  incurred,  as  well  as  all  costs,  charges  an  1 
reasonable  attorney's  fees. 

DUTIES   TO  PASSENGERS   AXD   FREIGHT.  |H  I 

Passengers  may  be  ejected  for  non-paynient  of  far^: 
§  2859.  If  any  passenger  shall  refuse  to  pay  his  fare,  the 
conductor  of  the  train  and  the  servants  of  the  corporatio  i 
may  put  him  and  his  baggage  out  of  the  cars  on  stopping 
the  cars  at  any  usual  stopping  place,  or  near  any  d» 
ing  house,  as  the  conductor  shall  elect. 

Freight  to  be  delivered  according  to  terms  and  dtf 
tion.  §  2862.  Public  or  common  carriers  in  this  State  are 
required  to  deliver  all  freight  received  by  them  for  tram  - 
portation  according  to  the  terms  of  the  contract  under 
which  they  are  received.  The  bill  of  lading  or  other 
memorandum,  as  made  between  the  consignor  and  carrier 
at  the  initial  points,  shall  be  considered  as  the  evidence 
of  direction  by  which  freights  are  to  be  received,  carriel 
and  delivered  by  the  common  carriers  in  this  State,  and 
any  common  carrier  violating  the  provisions  of  this  sec- 
tion shall  be  liable  in  damages  to  the  person  aggrieved. 

Regulations  for  transporting  fire-wood.  §  2863.  No 
railroad  or  canal  company  shall  be  compelled  to  transport 
fire-wood,  unless  the  same  shall  be  piled  up  at  some  rea- 
sonably convenient  iwint  on  their  line  in  quantities  suffi- 
cient to  load  at  least  five  cars  at  one  time  or  one  canal 
boat.  When  that  is  done  and  three  days'  notice  is  given 
to  the  proper  officer  in  person  or  by  mail  to  the  principal 
offlcer  of  such  company,  such  company  shall  provide  suffl- 


am' 


Public  Seuvice  Laws 


391 


cient  cars  or  boats  to  transport  such  wood,  but  such  wood 
shall  be  loaded  and  unloaded  by  the  owners  thereof.  The 
company  shall  charge  no  more  for  the  transportation  of 
wood  than  is  prescribed  in  the  tariff  or  rates. 

Must  provide  flat  cars  with  suitable  appliances  for  haul- 
ing lumber,  etc.  §  2864.  It  shall  be  the  duty  of  every 
railway  company  or  other  person  engaged  in  the  business 
of  carrying  for  hire  in  this  State,  to  efficiently  and  suitably 
equip  and  supply  every  and  all  flat  cars  and  cars  belong- 
ing to  such  carrier,  and  which  may  be  furnished  on  which 
to  load  any  cargo  of  lumber  or  timber,  with  all  proper  and 
sufficient  standards,  supjoorts,  stays,  strips,  railing,  and 
other  equipments  and  appliances  necessarj'  to  hold  and 
keep  the  cargo  firmly  in  place. 

Appliances  weighted  as  part  of  cars.  §  2865.  The 
standards,  supports,  stays,  strips,  railings,  equipments, 
appliances,  contrivances,  etc.,  provided  for  in  the  preced- 
ing section  shall  constitute  and  be  held  and  considered 
part  and  parcel  of  said  cars  and  the  weight  of  the  same 
shall  be  deducted  from  the  weight  of  the  cargo  of  lumber 
and  timber  shipped  so  that  the  freight  charges  shall  be 
charged  by  the  carriers  only  on  the  cargo. 

Penalty  for  not  providing  appliances.  §  2866.  Whenever 
any  such  carrier  shall  fail  in  the  duty  imposed  upon  it  in 
respect  of  its  said  cars  in  the  two  preceding  sections,  and 
the  unsupplied  standards,  supports,  strips,  and  other  proper 
equipments  shall  be  provided  by  the  shipper,  it  shall  be 
and  is  hereby  made  the  duty  of  such  carrier  owning  car. 
to  pay  the  shipper  $1.50  for  each  and  every  car  to  which  it 
may  be  necessary  for  said  shipper  to  supply  or  provide  any 
such  standard,  support,  strips  or  other  equipments,  as  com- 
pensation to  the  said  shipper  for  the  same,  payment  of 
which  said  sum  shall  be  made  by  said  shipper  made  upon 
any  agent  of  said  carrier,  and  said  shipper  shall  have  a 
lien  therefor  on  said  car. 

Contracts  for  sale  of  railroad.  S  284,5.  In  any  contract 
for  the  sale  of  railroad  or  street  railway  equipment  or 
rolling  stock,  it  shall  be  lawful  to  agree  that  !he  title  to 
the  property  sold,  or  contracted  to  be  sold,  although  pos- 
session thereof  may  be  delivered  immediately,  or  at  any 
time  or  times  subsequently,  shall  not  vest  in  the  pur- 
chaser until  the  purchase  price  shall  bo  fully  paid,  or  that 
the  seller  shall  have  and  retain  a  lien  thereon  for  the 
unpaid  purchase  money.  And  in  any  contract  for  the 
leasing  or  hiring  of  such  property  it  shall  be  lawful  to 
stipulate  for  a  conditional  sale  thereof  at  the  termination 
of  such  contract,  and  that  the  rentals  or  amounts  to  be 
received  under  such  contract  may,  as  paid,  be  applied  and 
treated  as  purchase  money,  an(l  that  ihe  title  to  the  prop- 
erty shall  not  vest  in  the  lessee  or  bailee  until  the  pur- 
chase price  shall  have  been  paid  in  full,  and  until  the  terms 
of  the  contract  shall  have  been  fully  performed,  notwith- 
standing delivery  to  and  possession  by  such  lessee  or 
bailee.  Provided,  that  no  such  contract  shall  be  valid  as 
against  any  subsequent  judgment  creditor,  or  any  subse- 
quent bona  fide  purchaser  for  value  and  without  notice, 
unless: 

1.  The  same  shall  be  evidenced  by  an  instrument  exe- 
cuted by  the  parties  and  duly  acknowledged  by  the  vendee 
or  lessee  or  bailee,  as  the  case  may  be,  or  duly  proved, 
before  some  person  authorized  by  law  to  take  acknowledg- 
ment of  deeds,  and  in  the  same  manner  as  deeds  are  au- 
thorized or  proved. 

2.  Such  instrument  shall  be  filed  for  record  in  the 
office  of  the  secretary  of  State  of  this  commonwealth. 

3.  Each  locomotive  engine  or  car  so  sold,  leased  or 
hired,  or  contracted  to  be  sold,  leased  or  hired,  as  afore- 
said, shall  have  the  name  of  the  vendor,  lessor  or  bailor 
plainly  marked  on  each  side  thereof,  followed  by  the  word 
"owner,"  or  "lessor,"  or  "bailor,"  as  the  case  may  be. 

Record  of  contract.  §  2846.  The  contract  herein  author- 
ized shall  be  recorded  by  the  secretary  of  State,  in  a  book 
of  records  to  be  kept  for  that  purpose.  And  on  payment 
in  full  of  the  purchase  money  and  the  performance  of  the 
terms  and  conditions  stipulated  in  such  contract,  a  declara- 
tion in  writing  to  that  effect  may  be  made  by  the  vendor, 
lessor  or  bailor,  or  his  or  its  assignee,  which  declaration 
may  be  made  on  the  margin  of  the  record  of  the  contract, 
duly  attested,  or  it  may  be  made  by  a  separate  instrument 
to  be  acknowledged  by  the  vendor,  lessor  or  bailor,  or  his 
or  its  assignee,  and  recorded  as  aforesaid.  And  for  such 
services  the  secretary  of  State  shall  be  entitled  to  a  fee 
for  such  services  as  for  similar  services,  for  recording  each 


of  said  contracts  and  each  of  said  declarations,  and  a  fee  of 
$1  for  noting  such  declarations  on  the  margin  of  the 
record.  This  section  shall  not  be  held  to  invalidate  or 
aitect  in  any  way  any  contract  heretofore  made  of  the 
kind  referred  to  herein,  and  any  such  contracts  herefore 
made  may,  upon  compliance  with  the  provisions  of  this 
section,  be  recorded,  as  herein  provided. 

Duty  of  State  attorney  and  judge.  §  2853.  If  any 
railroad  company  shall  fail  or  refuse  to  comply  with  the 
provisions  of  §  2849,  it  shall  be  the  duty  of  the  State  at- 
torney of  the  judicial  circuit  in  which  is  situated  the  line 
or  railroad  where  the  action  is  attempted  to  institute  suit 
against  the  offending  company  in  the  Circuit  Court,  and  on 
the  facts  being  proven  it  shall  be  the  duty  of  the  judge 
of  the  Circuit  Court  to  render  a  decree  requiring  a  com- 
pliance with  the  conditions  of  §2849;  and  if  the  railroad 
company  shall  fail  or  refuse  to  obey  said  decree,  it  shall 
be  the  further  duty  of  the  judge  of  the  Circuit  Court,  upon 
the  fact  of  such  refusal  being  made  known  to  him,  to  ap- 
point a  receiver  for  such  road,  who  shall  have  such  side- 
tracks, switches  and  connections  made  as  mav  be  nec- 
essary, conforming  to  the  rules  of  said  road  in  placing 
danger  signals,  putting  in  switches  and  passing  trains 
during  the  construction  of  such  work;  and  the  State  shall 
not  be  liable  for  any  damages  from  accident  caused  by 
and  during  the  construction  of  said  work;  when  the  afore- 
said rules  have  been  complied  with,  the  cost  of  the  con- 
struction of  the  same  shall  be  a  lien  on  said  road  para- 
mount to  all  others.  Provided,  that  all  costs,  charges  and 
a  reasonable  fee  for  the  State  attorney  sha'.l  be  decreed 
against  the  railroad  company  in  the  cases  where  a  decree 
is  rendered   against  said  company. 

Rights  of  discharged  employes.  §  2854.  If  any  railroad 
company  or  other  corporation  doing  business  in  this  State, 
or  any  person,  agent  or  employer  of  any  such  company  or 
corporation,  after  having  discharged  any  employe  from  the 
service  of  any  such  company  or  corporation,  shall  attempt 
to  prevent,  by  word  or  writing,  sign  or  other  means, 
directly  or  indirectly,  such  discharged  employe  from  ob- 
taining employment  with  any  other  person,  company  or 
corporation,  such  person,  agent,  employer,  company  or  cor- 
poration shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  punished  by  a  fine  not  exceeding  $500  or 
less  than  $100,  and  such  person,  agent,  employer,  company 
or  corporation  shall  be  liable  in  damages  to  such  discharged 
person,  to  be  recovered  by  civil  action;  but  this  section 
shall  not  be  construed  as  prohibiting  any  person,  agent, 
employer,  company  or  corporation  from  giving  in  writing 
to  any  other  person,  company  or  corporation  to  whom  such 
discharged  person  has  applied  tor  employment  a  truthful 
statement  of  the  reasons  for  such  discharge;  and  shall  fur- 
nish to  such  discharged  employe,  on  his  application,  to 
such  address  as  may  be  given  by  such  discharged  em- 
ploye, within  10  days  after  such  application  made  as  afore- 
said, a   true  copy  of  any   such   written   statement. 

Company  responsible  for  Acts  of  its  agents.  §  2855.  If 
any  railroad  company  or  other  corporation  doing  business 
In  this  State  shall  authorize  or  permit,  with  its  knowledge 
and  consent,  any  of  its  officers,  agents,  employers  or  em- 
ployes to  commit  either  or  any  of  the  Acts  prohibited  by 
the  preceding  section,  such  railroad  company  or  corpora- 
tion shall  be  liable  in  damages  to  such  employe  so  pre- 
vented from  obtaining  employment,  to  be  recovered  by 
him  in  a  civil  action. 

Duties  of  persons,  employers  and  corporations.  §  2856. 
It  shall  be  the  duty  of  any  person,  officer,  agent,  employer, 
company  or  corporation,  after  having  discharged  any  em 
ploye  from  the  service  of  any  such  company  or  corpoia- 
tion,  upon  written  demand  by  such  employe,  to  furnish  to 
him,  within  10  days  from  the  application  for  the  same,  a 
full  statement  in  writing  of  the  cause  or  caused  of  his 
discharge,  and  if  any  such  person,  officer,  agent,  employer, 
company  or  corporation  as  aforesaid  shall  refuse  within 
10  days  after  demand  as  herein  provided  to  furnish  such 
statement  to  such  discharged  employe,  it  shall  be  ever 
after  unlawful  for  any  such  person,  officer,  agent,  em- 
ployer, company  or  corporation  to  furnish  any  statement 
of  the  cause  of  discharge  to  any  person  or  corporation,  or 
to  in  any  way  blacklist,  or  to  prevent  such  discharged  em- 
ploye from  procuring  employment  elsewhere,  subject  to 
the  penalties  prescribed  in  §  2854.  And  on  the  trial  of 
any  person,  company  or  corporation  for  a  violation  of  the 
provisions  of  §§  2854,  2855,  2856,  2857  or  2858,  any  other  per- 
son who  may  have  authorized  or  permitted,  with  knowledge 


392 


National  Association  of  Eailwat  Commissioners 


and  consent  as  aforesaid,  any  such  offense,  or  who  may 
have  participated  in  the  same,  shall  be  a  competent  wit- 
ness, and  be  compelled  to  give  evidence,  and  nothing  then 
said  by  such  witness  shall  at  any  time  be  received  or  given 
in  evidence  against  him  in  any  prosecution  against  the 
said  witness,  except  on  arf  indictment  for  perjury  in  any 
matter  to  which  he  may  have  testified;  and  on  trial  of  any 
such  person  for  any  violation  of  said  sections  the  prosecu- 
tion shall  have  the  authority  and  process  of  the  court  trying 
the  case  to  compel  the  production  in  court,  to  be  used  in 
evidence  in  the  case,  of  the  books  and  papers  of  any  such 
person,  company  or  corporation,  and  a  failure  to  produce 
the  same,  after  such  reasonable  notice  as  the  court  may  in 
each  case  provide,  shall  be  in  contempt  of  court,  and  pun- 
ishable as  such  against  the  custodian  or  person,  com  puny 
or  corporation  having  the  control  or  in  charge  of  such 
books  and  papers  who  shall  fail  to  produce  the  same: 
Provided,  that  such  written,  cause  of  the  discharge,  when  so 
made  as  aforesaid,  at  the  request  of  such  discharged  cim- 
ploye,  shall  never  be  used  as  the  cause  for  an  action  for 
slander  or  for  libel,  either  civil  or  criminal,  against  the 
person  or  authority  furnishing  the  same. 

Employes  to  have  a  statement  on  demand.  §  2857.  It 
shall  be  the  duty  of  any  person,  company  or  corporation 
who  has  received  any  request  or  notice  in  writing,  sign, 
word  or  otherwise  from  any  person,  company  or  corpora- 
tion preventing  or  attempting  to  prevent  the  employment 
of  any  person  discharged  from  the  service  of  either  of  the 
latter,  on  demand  of  such  discharged  employe,  to  furnish 
to  such  employe  within  10  days  after  such  demand  a  true 
statement  of  the  nature  of  such  request_or  notice,  and  if 
In  writing,  a  copy  of  the  same,  and  if  a  sign,  the  inter- 
pretation thereof,  with  the  name  of  the  person,  company 
or  corporation  furnishing  the  same,  with  the  place  of  busi- 
ness of  the  person  or  authority  furnishing  the  same;  and 
a  violation  of  this  section  shall  subject  the  offender  to  all 
the  penalties,  civil  and  criminal,  provided  by  the  foregoing 
i^ections. 

What  companies  affected.  §  2858.  The  provisions  of 
the  four  preceding  sections  shall  apply  to  and  prevent,  un- 
der all  the  penalties  aforesaid,  railroad  companies  or  cor- 
porations under  the  same  general  management  and  con- 
trol but  having  separate  divisions,  superintendents  or 
master  machinists,  or  similar  officers,  for  separate  or  differ- 
ent lines,  their  officers,  agents  and  employes,  from  pre- 
venting or  attempting  to  prevent  the  employment  of  any 
such  discharged  person  by  any  other  separate  division  or 
officer  or  agent  or  employer  of  any  such  separate  railroad 
line  or  lines. 

CHAPTER   II. 

DUTIES  TO  PASSENGERS  AND  FREIGHT. 

First-Class  tickets  and  accommodations  for  negro  per- 
sons. §  2860  (2268).  All  railroad  companies  doing  business 
.  In  this  State  shall  sell  to  all  respectable  negro  persons 
first-class  tickets,  on  application,  at  the  same  rates  that 
white  persons  are  charged,  and  shall  furnish  and  set  apart 
for  the  use  of  such  negro  persons  who  purchase  such  first- 
class  tickets  a  car  or  cars  in  each  passenger  train,  as  may 
be  necessary,  equally  as  good  and  provided  with  the  same 
facility  for  comfort  as  shall  or  may  be  provided  for  whites 
using  and  traveling  as  passengers  on  first-class  tickets. 
No  conductor  or  person  in  charge  of  any  passenger  train 
on  any  railroad  shall  suffer  or  permit  any  white  person  to 
ride,  sit  or  travel,  to  do  any  act  or  thing  to  insult  or  annoy 
any  negro  person  while  sitting,  riding  and  traveling  in 
said  car  so  set  apart  for  the  use  of  negro  persons,  nor  shall 
he  or  they,  while  in  charge  of  such  train,  suffer  or  permit 
any  negro  person,  nor  shall  such  person  attempt  to  ride,  sit 
or  travel  in  the  car  or  cars  set  apart  for  the  use  of  the 
white  persons  traveling  as  iirst-class  passengers;  but 
female  colored  nurses,  having  the  care  of  children  or  sick 
persons,  may  ride  and  travel  in  such  car. 

To  receive,  transport  and  deliver  freights.  §  2861  (2269). 
Any  railroad  or  canal  company  operating,  in  this  State 
shall  receive  for  shipment  and  transportation  any  and  all 
grain,  cotton,  lumber  and  other  freight  that  shall  be  offered 
to  such  company,  their  authorized  agents,  servants  or  em- 
ployes, for  transportation  over  their  road  or  canal,  and 
shall  make  and  deliver  for  such  grain  or  other  freight 
consigned  to  any  consignee  or  consignor  thereof,  and  shall 
transport  and  convey  all  freights  over  their  road  or  canal 
at  the  tariff  or  charges  then  in  force  to  such  person  or 


persons  as  the  same  may  be  directed  or  shipped  to  by  the 
owner,  shipper  or  consignor  of  such  property,  and  shall 
deliver  such  freight  as  may  be  designated  in  the  bills  ol 
lading. 

Freight  to  be  delivered  according  to  terms  and  direction 
§  2862  (2348).  Public  or  common  carriers  in  this  Stati 
are  required  to  deliver  all  freight  received  by  them  foi 
transportation  according  to  the  terms  of  the  contract  undei 
which  they  are  received.  The  bill  of  lading  or  othei 
memorandum,  as  made  between  the  consignor  and  carriei 
at  the  initial  points,  "shall  be  considered  as  the  evidenc* 
of  direction  by  which  freights  are  to  be  received,  carriec 
and  delivered  by  the  common  carriers  in  this  State,  ant 
any  common  carrier  violating  the  provisions  of  this  sec 
tion  shall  be  liable  in  damages  to  the  person  aggrieved 
Regulations  for  transporting  fire-wood.  §  2863  (2270) 
No  railroad  or  canal  company  shall  be  compelled  to  trans 
port  fire-wood,  unless  the  same  shall  be  piled  up  at  so-ni 
reasonably  convenient  point  on  their  line  in  quantitiei 
sufficient  to  load  at  least  five  cars  at  one  time  or  one  cana 
boat.  When  that  is  done  and  three  days'  notice  is  givei 
to  the  proi)€r  officer  in  person  or  by  mail  to  the  princijja 
officer  of  such  company,  such  company  shall  provide  suffl 
cient  cars  or  boats  to  transport  such  wood,  but  such  woo( 
shall  be  loaded  and  unloaded  by  the  owners  thereof.  Thi 
company  shall  charge  no  more  for  the  transportation  o 
wood  than  is  prescribed  in  the  tariff  or  rat^s. 

Must  provide  flat  cars  with  suitable  appliances  for  ha%i 
ing  lumber,  etc.  §  2864.  It  shall  be  the  duty  of  evtr; 
railway  company  or  other  person  engaged  in  the  busint  s: 
of  carrying  for  hire  in  this  State,  to  efficiently  and  suital  I: 
equip  and  supply  every  and  all  flat  cars  and  cars  belong!  i| 
to  such  carrier,  and  which  may  be  furnished  on  whi  ■! 
to  load  any  cargo  of  lumber  or  timber  with  all  proper  a  » 
sufficient  standards,  supports,  stays,  strips,  railing,  a;u 
other  equipments  and  appliances  necessary  to  hold  a  m 
keep  the  cargo  firmly  in  place. 

Appliances  weighed  as  part  of  cars.  §  2865.  The  stai  c 
ards,  supports,  stays,  strips,  railings,  equipments,  app!! 
ances,  contrivances,  etc.,  provided  for  in  the  precedii:i 
section  shall  constitute  and  be  held  and  considered  pa  r 
and  parcel  of  said  car  and  the  weight  of  the  same  shall  i 
added  to  the  weight  of  the  car  and  shall  be  deduct  > 
from  the  weight  of  the  cargo  of  lumber  and  timber  shippt  : 
so  that  the  freight  charges  shall  be  charged  by  the  carrle  ' 
only  on  the  cargo. 

Penalty  for  not  providing  appliances.     §   2866.     Wht  t 
ever  any  such  carrier  shall  fail  in  the  duty  imposed  upi  : 
it,  in  respect  of  its  said  cars  in  the  two  preceding  sectior ; 
and  the  unsupplied  standards,  supports,  strips  and  oth  ■ 
proper   equipments   shall   be   provided   by   the   shipper,    i 
shall  be  and  is  hereby  made  the  duty  of  such  carrier  ow: 
ing  car,  to  pay  the  shipper  $1.50  for  each  and  every  ei 
to  which  it  may  be  necessary  for  said  shipper  to  supp 
or   provide   any   such    standard,    support,   strips   or   oth  ■ 
equipments,  as  compensation  to  the  said  shipper  for  tl 
same,  payment  of  which  said  sum  shall  be  made  by  sa 
carrier  to  said  shipper  upon  demand  of  said  shipper  mai 
upon  any  agent  of  said  carrier,  and  said  shipper  shall  ha' 
a  lien  therefor  on  said  car. 

River  boats  to  deliver  freights  in  dry  places.  §  28(' 
The  captains  of  all  steamboats  and  barges  transportii 
freights  upon  any  of  the  rivers  in  this  State  shall  pla< 
such  freights  at  the  landings  in  the  warehouse,  or,  in  cas 
there  is  no  warehouse,  in  a  dry  and  convenient  placi 
so  that  it  may  not  be  damaged  by  reason  of  the  water  n 
mud.  A  failure  to  comply  with  the  provisions  of  thi 
section  shall  subject  the  owner  of  such  boat  or  barge 
pay  to  the  party  injured  double  the  amount  of  damaj, 
sustained  and  all  costs  of  suit,  including  a  reasonable  ai 
torney's  fee  for  the  plaintiff. 


TITLE  IV,  CHAPTER  III. 

FENCES   AND  LIVE  STOCK. 

ARTICLE  I. 


^^^^1 


FENCES  AND  LIABILITY  FOR  FAILURE  TO  ERECT. 

Railroads  to  be  fenced.  §  2868.  Every  railroad  con 
pany,  or  person  or  persons  operating  any  railroad  or  rai 
way  in  the  State  of  Florida  shall  erect  and  construct  an 
maintain  fences  on  both  sides  of  its  railroad  suitable  an 
sufficient  to  prevent  the  intrusion  of  any  cattle,  horsei 
hogs,  or  other  domestic  live  stock  upon  its  track:    Pn 


Public  Service  Laws 


393 


vlded,  that  no  fence  shall  be  required  within  the  limits 
of  any  incorporated  town  or  city,  unless  by  the  ordinances 
of  said  town  or  city,  nor  within  one  mile  of  any  city  of 
10,000  inhabitants. 

Double  damages  for  killing  stock.  §  2871.  Any  railroad 
company,  person  or  persons  owning  or  operating  any  rail- 
road in  this  State  who  has  failed  to  erect  and  maintain 
fences  along  the  sides  of  its  railroad  track  as  is  provided 
in  this  chapter  shall  be  liable  for  the  full  cash  value  of 
any  and  all  cattle,  horses,  hogs  or  other  domestic  live  stock 
wliich  may  be  killed  or  injured  by  any  train,  engine  or  cars 
upon  the  track  of  the  said  railroad,  if  the  same  be  paid 
within  60  days  after  the  presentation  of  the  claim  for 
damages  by  the  owner  of  the  killed  or  injured  live  stock, 
or  his  agent  or  attorney,  whether  the  same  was  killed  or 
injured  negligently  or  not:  Provided,  that  upon  the  failure 
to  |)ay  the  claim  within  60  days  after  its  presentation  the 
said  railroad  companies,  person  or  persons  owning  or  op- 
erating said  roads  not  fenced  as  herein  provided  shall  be 
liable  for  double  the  value  of  the  animal  killed  or  injured 
and  for  attorney's  fees. 

Presenting  claim  in  writing.  §  2873.  When  any  live 
stock  is  killed  or  injured  upon  any  railroad  in  this  State, 
the  person  entitled  to  damages  therefor  shall,  by  himself, 
attorney  or  agent,  give  notice  and  present  his  claim  to 
any  general  agent  or  any  stock  claim  agent  or  general 
officer  of  the  corporation,  or  jierson  or  persons  owning  or 
operating  the  said  railroad,  or  to  any  depot  or  station  agent 
for  said  cori)oration,  person  or  persons,  residing  in  the 
county  where  such  live  stock  was  killed  or  injured,  which 
said  notice  and  presentation  of  claim  shall  be  in  writing, 
and  after  such  presentation  of  claim  and  notice,  said  cor- 
poration or  person  shall  fail  to  pay  for  the  said  claim  for 
the  space  of  00  days,  suit  may  be  brought  in  any  court  of 
this  State  having  competent  jurisdiction  by  the  person  hav- 
ing the  general  or  special  property  in  said  live  stock,  but 
nothing  herein  shall  be  construed  to  authorize  two  suits 
by  different  parties  for  the  same  cause  of  action. 

Unreasonable  or  unjust  claims.  §  2874.  If  when  the 
claim  is  presented  as  provided  in  the  foregoing  section  said 
corporation,  person  or  persons  operating  the  railroad  as 
aforesaid  shall  deem  such  claim  unreasonable  and  unjust, 
and  shall  tender  or  offer  to  pay  such  amount  for  damages 
as  in  their  estimation  is  reasonable  and  just  for  the  live 
stock  so  killed  or  injured  and  the  claimant  shall  refuse  to 
accept  the  amount  tendered  or  offered  to  be  paid,  and 
upon  the  trial  of  the  cause  a  jury  or  the  judge  in  case  the 
cause  be  tried  without  a  jury,  under  the  proofs  find  a  ver- 
dict for  not  more  than  the  amount  so  tendered  or  offered 
as  aforesaid,  the  court  shall  render  judgment  against  the 
plaintiff  in  favor  of  the  defendant  for  all  reasonable  cost, 
and  said  cost  shall  be  deducted  from  the  amount  assessed 
as  damages  for  the  live  stock  killed  or  injured  and  the 
plaintiff  shall  not  be  entitled  to  any  attorney's  fees  as  pro 
vided  in  cases  where  the  plaintiff  prevails. 

Judgment — When  rendered,  and  amount  of.  §  2875. 
When  the  owner  of  any  live  stock  killed  or  injured  upon 
any  railroad  in  this  State  by  the  engine,  train  or  cars  of 
any  company  or  person  or  persons  owning  or  operating 
the  said  railroad,  said  road  not  being  fenced,  and  pro- 
vided with  stock  guards  as  required  by  this  chapter,  shall 
bring  suit  either  by  himself,  agent  or  attorney  to  collect 
damages  for  the  killing  or  injury,  after  having  given  the 
notice  required  in  this  chapter,  and  upon  the  trial  of  such 
case  the  jury,  or  in  case  the  same  be  tried  without  a  jury, 
the  judge  of  the  court  trying  the  case,  shall  after  hearing 
the  evidence  of  the  value,  decide  the  value  to  be  less  than 
the  amount  demanded  in  the  written  notice  and  presenta- 
tion of  claim  required  by  this  chapter,  but  more  than  the 
amount  tendered  or  offered,  then  and  in  that  esse  the 
court  shall  render  judgment  for  the  plaintiff  against  the 
defendant  for  the  actual  value  only  and  cost  of  suit  and 
attorney's  fees  to  be  fixed  as  hereinafter  provided:  but  if 
the  value  be  not  less  than  the  amount  as  originally  claimed 
or  demanded  as  aforesaid  then  in  that  case  the  court  shall 
render  judgment  for  the  plaintiff  against  defendant  for 
double  the  damage  found  to  be  due  the  plaintiff  by  reason 
of  the  killing  or  injury  of  the  live  stock,  and  also  render 
judgment  against  the  defendant  in  favor  of  the  plaintiff 
for  all  costs  of  the  said  suit,  which  said  costs  shall  in- 
clude a  reasonable  attorney's  fee,  said  fee  to  be  determined 
by  the  court:  Provided,  however,  that  no  attorney's  fee 
shall  be  allowed  any  plaintiff  not  represented  by  an  at- 
torney in  the  suit,  and   provided  that  any  animal   which 


may  be  injured  by  the  oi)eration  of  a  railroad  in  this  State 
BO  seriously  that  it  cannot  reasonably  be  expected  to  re- 
cover, may  be  killed  by  the  owner,  the  employes  of  said 
railroad  or  any  other  person,  if  necessary  to  terminate 
incurable  suffering,  and  the  killing  of  such  animal  under 
such  circumstances  by  any  person  shall  be  deemed  a 
killing  by  the  railroad  company  responsible  for  the  in- 
juries under  the  provisions  of  this  chapter. 

When  liable  only  for  actual  value.  §  2876.  Where  any 
railroad  company,  person  or  persons  owning  or  operating 
any  railroad  in  this  State  are  complying  with  the  provi- 
sions of  this  chapter  they  shall  only  be  liable  for  the 
actual  value  of  all  live  stock,  horses,  cattle  or  hogs  killed 
or  injured  by  the  operation  of  its  engines  or  cars,  in- 
cluding all  costs  and  expenses  and  reasonable  attorney's 
fees,  which  said  sums  shall  be  a  Hen  and  collectible  as 
provided  in  this  chapter. 

Time  limit  to  commence  actions.  §  2877.  No  action 
shall  be  commenced  under  the  provisions  of  this  chapter 
after  the  expiration  of  one  year  from  the  date  the  party 
who  is  entitled  to  bring  suit  had  notice  of  the  killing  or 
injury  of  such  live  stock. 

TITLE  IV,  CHAPTER  III. 

EVIPENCES  IN   CATTLE  CASES. 

Injury  or  killing  prima  facie  evidence  of  negligence. 
§  2878  (2280).  In  all  cases  In  which  live  stock  Is  injured 
or  killed  by  railway  engines  or  cars  within  the  State,  and 
suit  has  been  or  shall  hereafter  be  brought  within  12 
months  after  such  injury  or  killing,  to  recover  from  the 
railroad  company  operating  such  engines,  cars  or  trains, 
damages  therefor,  the  fact  of  the  injury  Or  killing  of  such 
live  stock  by  such  railway  engines,  cars  or  trains,  when 
proven  to  the  satisfaction  of  the  jury  on  the  trial  of  such 
suit,  shall  be  prima  facie  evidence  of  negligence  on  the 
part  of  such  railroad  company.     (See  also  §  3148.) 

CHAPTER  IV. 

PROVISIONS    RELATING    TO    SALE   OF    TICKETS. 

Agents  to  be  provided  with  certificates.  §  2879.  It  shall 
be  the  duty  of  every  common  carrier  to  provide  each  agent 
who  may  be  authorized  to  sell  tickets  or  other  evidences  of 
transportation,  of  the  holder's  right  to  travel  on  the  line 
of  such  carrier,  or  on  any  line  of  which  said  carrier's  line 
shall  form  a  part,  with  a  certificate  setting  forth  the 
authority  of  such  agent  to  make  such  sale,  which  certificate 
shall  be  attested  by  the  signature  of  such  common  carrier, 
or  whenever  such  common  carrier  Is  a  corporation,  by  the 
signature  of  one  of  its  proper  officers,  and  posted  in  a 
conspicuous  place  in  the  office  or  place  of  business  of 
such  agent. 

PROVISIONS    BEL.\.TING   TO   SALE   OF   TICKETS. 

Only  authorized  agents  to  be  supplied  with  tickets. 
§  2880.  It  shall  be  illegal  for  any  general  passenger  agent 
or  other  officer  of  a  common  carrier  whose  duty  it  may 
bfe  to  supply  tickets  to  the  agent  of  said  common  carrier 
for  sale  to  the  public,  to  supply  tickets  for  sale  to  any 
person  other  than  the  regularly  authorized  ticket  agent  as 
provided  for  in  the  preceding  section.  It  shall  be  unlaw- 
ful for  any  person  not  possessed  of  such  authority,  so  evi- 
denced, to  sell,  barter  or  transfer,  for  any  consideration 
whatever,  the  whole  or  any  part  of  any  ticket,  pass,  or 
other  evidence  of  transportation;  Provided,  that  the  pur- 
chaser "bf  a  transferable  ticket  in  good  faith,  for  personal 
use  in  the  prosecution  of  a  journey,  shall  have  the  jught 
to  re-sell  same  to  a  person  who  will,  in  good  faith,  per- 
sonally use  it  in  the  prosecution  of  a  journey;  and  pro- 
vided further,  that  nothing  herein  shall  prevent  the  prop- 
erly authorized  agent  of  any  transportation  company  from 
purchasing  from  the  properly  authorized  agent  of  any  other 
transportation  company  a  ticket  for  a  passenger  to  whom 
he  may  sell  a  ticket  to  travel  over  any  part  of  the  line  for 
which  he  is  the  properly  authorized  agent  so  as  to  enable 
such  passenger  to  travel  to  the  place  of  junction  from 
which  his  ticket  shall  read. 

Carrier  to  redeem  unused  tickets.  §  2881.  Every  com- 
mon carrier  that  shall  have  sold  any  ticket  or  other  evi- 
dence of  transportation  of  the  holder's  right  to  travel  on 
its  line  or  on  any  line  of  which  it  forms  a  part,  shall,  if 
the  whole  of  said  ticket  be  unused,  redeem  the  same,  pay- 
ing therefor  the  actual  amount  at  which  said  ticket  was 
sold,  or,  if  any  part  of  such  ticket  be  unused  by  the  pur- 
chaser thereof,  redeem  the  same  at  a  rate  for  the  whole 


394 


Natioxal  Associatiox  of  Railway  Commissioners 


ticket  and  the  cost  of  a  ticket  of  the  same  class  between 
the  points  for  which  said  ticket  was  actually  used.  The 
purchaser  of  an  unused  or  partly  used  ticket  or  his  or  her 
representative  may  have  the  same  redeemed  at  any  time 
within  one  year  after  issue  If  it  be  unused,  or  within  one 
year  after  it  shall  have  been  partly  used.  In  the  manner 
following:  He  or  she  shall  present  the  same  to  any  ticket 
agent  or  any  common  carrier  over  whose  line  such  ticket 
was  sold  to  be  used,  whereupon  such  ticket  agent  shall 
issue  to  the  purchaser,  or  his  or  her  legal  representative,  a 
receipt  describing  the  same  and  shall  take  the  name  and 
address  of  such  owner,  and  shall,  within  five  days  there- 
after, forward  to  the  officer  of  such  common  carrier  who 
shall  be  authorized  or  designated  to  redeem  such  ticket, 
the  said  ticket,  with  such  name  and  address.  And  said 
officer  whose  duty  it  shall  be  to  redeem  such  ticket  shall, 
within  30  days  after  receipt  of  such  ticket,  with  sucii 
name  and  address,  forward  or  mail  to  such  address  the 
value  of  the  ticket  as  provided  in  this  section.  Such 
redemption  shall  be  made  without  cost  of  exchange  or 
other  expense  to  the  purchaser  of  the  ticket;  Provided, 
that  such  ticket  agent  may,  in  the  discretion  of  the  com- 
mon carrier  by  which  he  is  appointed,  redeem  such  ticket 
in  cash  when  presented. 

TITLE  VI,  CHAPTER  I. 

.STATUTORY    BIGHTS — NEGLIGENCE. 

A  Claim  for  death  caused  ly  negligence  of  another. 
f  3145  (2342).  Whenever  the  death  of  any  person  in  this 
State  shall  be  caused  by  the  wrongful  act,  negligence,  care- 
lessness or  default  of  any  individual  or  individuals,  or  by 
the  wrongful  act,  negligence,  carelessness  or  default  of  any 
agent  or  any  corporation,  acting  in  his  capacity  of  agent  of 
such  corporation,  and  the  act,  negligence,  carelessness  or 
default  is  such  as  would,  if  the  death  had  not  ensued,  have 
entitled  the  party  injured  thereby  to  maintain  an  action  for 
damages  in  respect  thereof,  then  and  in  every  such  case 
the  person  or  persons  who,  or  corporation  which,  would 
have  been  liable  in  damages  if  death  had  not  ensued, 
shall  be  liable  to  an  action  for  damages,  notwithstanding 
the  death  shall  have  been  caused  under  circumstances  as 
would  make  it  in  law  amouiit  to  a  felony. 

By  whom  brought.  §  3146  (2343).  Every  such  action 
shall  be  brought  by  and  in  the  name  of  the  widow  or 
husband  as  the  case  may  be,  and  where  there  is  neither 
widow  nor  husband  surviving  the  deceased,  then  the  minor 
child  or  children  may  maintain  an  action;  and  where  there 
Is  neither  widow  nor  husband,  nor  minor  child  nor  chil- 
dren, then  the  action  may  be  maintained  by  any  person 
or  persons  dependent  on  such  person  killed  for  a  support; 
and  where  there  is  neither  of  the  above  classes  of  per- 
sons to  sue  then  the  action  may  be  maintained  by  the 
executor  or  administrator,  as  the  case  may  be,  of  the  per- 
son so  killed;  and  in  every  such  action  the  jury  shall  give 
such  damages  as  the  party  or  parties  entitled  to  sue  may 
have  sustained  by  reason  of  the  death  of  the  party  killed. 
Any  action  instituted  under  this  article  by  or  in  behalf  of 
a  person  or  persons  under  21  years  of  age  shall  be  brought 
by  and  in  the  name  of  a  next  friend. 

Death  of  minor  child  by  wrongful  act.  §  3147.  When- 
ever the  death  of  any  minor  child  shall  be  caused  by  the 
wrongful  act,  negligence,  carelessness  or  default  of  any 
private  association  of  persons,  or  by  the  wrongful  act, 
negligence,  carelessness  or  default  of  any  officer,  agent 
or  employe,  or  by  the  wrongful  act,  negligence,  careless- 
ness or  default  of  any  corporation,  or  by  the  wrongful 
act,  negligence,  carelessness  or  default  of  any  officer, 
agent  or  employe  of  any  corporation  acting  in  his  ca- 
pacity as  such  officer,  agent  or  employe,  the  father  of  such 
niinor  child,  or  if  the  father  be  not  living,  the  mother, 
as  the  legal  representative  of  such  deceased  minor  child, 
may  maintain  an  action  against  such  individual,  private 
association  of  persons  or  corporation,  and  may  recover  not 
only  for  the  loss  of  service  of  such  minor  child,  but  in  addi- 
tion thereto  such  sum  for  the  mental  pain  and  suffering  of 
the  parent  or  parents  as  the  jury  may  assess. 

Liability  of  railroad  company.  §  3148.  A  railroad  com- 
pany shall  be  liable  for  any  damage  done  to  persons,  stock 
or  other  property  by  the  running  of  the  locomotives,  or  cars, 
or  other  machinery  of  such  company,  or  for  damage  done 
by  any  person  in  the  employ  and  service  of  such  com- 
pany, unless  the  company  shall  make  it  appear  that  their 
agents  have  exercised  all  ordinary  and  reasonable  care  and 


diligence,  the  presumption  in  all  cases  being  against  the 
company. 

When  recovery  of  damages  forbidden.  §  3149.  No  per- 
son shall  recover  damages  from  a  railroad  company  for 
injury  to  himself  or  his  property  where  the  same  is  done 
by  his  consent,  or  is  caused  by  his  own  negligence.  If 
the  complainant  and  the  agents  of  the  company  are  both  at 
fault,  the  former  may  recover,  but  the  damages  shall  be 
diminished  or  increased  by  the  jury  in  proportion  to  the 
amount  of  default  attributable  to  him. 

Liability  for  injury  to  employes:  %  3150.  If  any  person 
Is  injured  by  a  railroad  company  by  the  running  of  the  loco- 
motives or  cars,  or  other  machinery  of  such  company,  he 
being  at  the  time  of  such  injury  an  employe  of  the  com- 
pany, and  the  damage  was  caused  by  negligence  of  another 
employe,  and  without  fault  or  negligence  on  the  part  of 
the  person  injured,  his  employment  by  the  company  shuU 
be  no  bar  to  a  recovery.  No  contract  which  restricts  such 
liability  shall  be  legal  or  binding. 

Examination  of  injured  party  in  personal  damage  cases. 
§  3151.  In  all  actions  brought  in  the  courts  of  this  State 
to  recover  damages  for  personal  injuries  alleged  to  ha .e 
been  sustained,  it  shall  be  discretionary  with  the  trial 
court,  upon  motion  of  the  defendant,  to  require  the  in- 
jured party,  if  living,  either  before  or  at  the  time  of  the 
trial  of  the  cause,  to  submit  to  such  physical  examination 
of  his  or  her  person  as  shall  be  reasonably  sufficient  o 
determine  physical  condition  at  the  time  of  trial  and  tl  e 
nature  and  extent  of  the  alleged  injuries.  The  phy- 
sical examination  provided  shall  be  made  by  a  physlciin 
to  be  named  by  the  court  in  the  presence  of  one  or  mo:  e 
physicians  or  attendants  of  the  injured  party,  if  the  pan  y 
so  desires.  The  compensation  of  the  examining  physicis  n 
shall  be  fixed  by  the  court  in  each  particular  case,  ard 
shall  be  in  the  first  instance  paid  by  the  party  petitionir  s, 
for  such  examination,  but  shall  be  taxed  up  as  a  part  (  f 
the  costs  of  the  case,  subject  to  the  final  disposition  of  tl  e 
same. 

Pits  and  holes  not  to  be  left  open.  §  3152.  It  shall  ni  t 
be  lawful  for  any  comi)any  or  individual  to  leave  open  an  v 
pit  or  other  hole  outside  of  an  enclosure  of  a  greater  dept  i 
and  breadth  than  two  feet:  Provided,  however,  such  p  I 
or  hole  may  be  left  open  by  enclosing  the  same  with  \ 
fence  or  other  enclosure  that  would  be  a  safeguard  again!  t 
horses,  cattle  or  other  domestic  animals  falling  into  th  ■ 
same:  Provided,  further,  that  this  section  shall  not  applv 
to  pits  or  holes  made  by  any  company  or  individual  whi) : 
bona  fide  engaged  in  actual  mining  operations,  such  pit ; 
and  holes  to  be  enclosed  as  herein  provided .  when  sai  1 
mining  operations  shall  cease  or  be  discontinued. 

How  damages  recovered.  §  3153.  Any  company  or  Ind  i 
vidual  who  may  leave  open  pits  or  other  holes  central  v 
to  the  provisions  of  the  preceding  section  shall  be  liablt 
In  damages  to  any  person  injured  thereby  in  an  amour  I 
double  the  actual  damages  sustained,  which  may  be 
covered  in  any  court  of  competent  jurisdiction. 


I 


ARTICLE  2. 

COMBINATION   AGAINST  FLORIDA  MEATS. 

Certain  combinations  against  public  policy.  §  316 1 
Every  arrangement,  contract,  agreement,  trust  or  combin:- 
tion  between  persons  or  corporations,  or  between  any  pe  • 
son  and  any  corporation,  made  with  a  view  to,  or  tendini 
to  prevent,  hinder  or  obstruct  the  lawful  sale  in  this  Stat' 
or  any  place  therein,  of  beef  or  other  fresh  meat  of  catt.lf 
or  any  other  edible  animal  raised,  fattened  or  fed  in  thi 
State  of  Florida,  or  any  oth^r  beef  or  fresh  meat,  or  with  < 
view  to  or  tending  to  prevent,  hinder  or  obstruct  the  lav 
ful  sale  of  any  cattle  or  other  edible  animal  in  this  Static 
or  any  place  therein,  or  which  shall  tend  to  monopolize  ci 
control  the  sale  or  price  of  beef  or  other  fresh  meat  in  thii 
State,  or  any  place  therein,  is  hereby  declared  to  be  againi. 
public  policy. 

Forfeiture  of  charter.  §  3161.  Any  corporation  chai 
tered  under  the  laws  of  this  State  which  shall  violate  an: 
of  the  provisions  of  the  preoeding  section  shall  thereb: 
forfeit  its  charter  and  franchises,  and  its  corporate  exist 
ence  shall  thereupon  cease  and  determine.  Every  foreigi 
corporation  which  shall  violate  any  of  the  provisions  o 
said  section  is  hereby  denied  the  right  to  do,  and  is  pro 
hibited  from  doing,  business  in  this  State.  It  is  hereb: 
made  the  duty  of  the  attorney-general  of  this  State  to  en 
force  this  provision  by  due  process  of  law. 


Public  Service  Laws 


395 


Jurisdiction  of  Circuit  Court.  §  3162.  The  Circuit  Courts 
of  tliis  State  are  hereby  given  jurisdiction  in  chancery, 
and  it  is  hereby  made  their  duty  to  restrain  or  enjoin  any 
violation  of  this  chapter  in  their  respective  circuits,  and 
to  restrain  and  enjoin  any  raising  or  lowering  the  price 
or  prices  of  beef  or  other  fresh  meat  in  any  place  or  places 
in  such  several  circuits  with  intent  to  or  tending  to  pre- 
vent, hinder  or  obstruct  the  sale  of  beef  or  other  fresh 
meat  or  cattle  or  any  other  edible  animal  raised,  fattened 
or  ted  in  the  State  of  Florida,  or  any  other  beef  or  fresh 
meat,  or  with  intent  to  or  tending  to  prevent,  hinder  or 
obstruct  the  lawful  sale  of  any  cattle  or  other  edible  animal 
in  any  such  place  or  places. 

Duty  of  State  attorney.  §  3163.  It  is  hereby  made  the 
duty  of  the  State  attorney  to  institute  and  prosecute  all 
proper  suits  in  their  respective  circuits  in  the  name  of  the 
State  to  enforce  this  chapter.  Any  citizen  of  this  State 
also  may  institute  and  prosecute  suit  in  his  own  name  to 
enforce  this  chapter.  In  case  decree  shall  be  rendered  in 
the  Circuit  Court  in  favor  of  the  complainant,  whether  the 
State  or  an  individual,  the  court  may  decree  that  the  de- 
fendant or  defendants  pay  a  reasonable  fee  in  the  cause 
for  the  State  attorney  or  complainant's  solicitor  therein. 


Nothing  herein  contained  shall  operate  or  be  construed  to 
deprive  any  person  of  any  right  to  any  damages,  or  of 
any  remedy  to  recover  damages  which  such  person  would 
have  without  this  chapter  in  order  about  or  from  matter 
mentioned  or  included  in  this  chapter. 

Compelling  testimony  of  witnesses.  §  3164.  No  person 
shall  be  excused  from  attendihg  and  testifying,  or  from 
producing  books,  papers,  contracts,  agreements  and  docu- 
ments on  subpoena  for  the  State,  or  as  witnesses  for  the 
State,  or  on  cross-examination  for  the  State,  in  any  prose- 
cution, suit  or  proceeding,  criminal  or  civil,  under,  author- 
ized by  or  based  upon  this  chapter  or  growing  out  of  any 
violation  thereof,  when  such  prosecution,  suit  or  proceed- 
ing is  in  the  name  of  the  State  and  prosecuted  or  carried 
on  by  the  attorney-general  or  State  attorney,  on  the  ground 
or  for  the  reason  that  the  testimony  or  evidence,  docu- 
mentary or  otherwise,  required  of  him,  may  tend  to  crimi- 
nate him  or  subject  him  to  a  penalty  of  forfeiture.  But  no 
such  person  shall  be  prosecuted  or  subjected  to  any  penalty 
or  forfeiture  for  or  on  account  of  any  transaction,  mat- 
ter or  thing  concerning  which  he  may  so  testify  or  produce 
evidence;  Provided,  that  no  person  so  testifying  shall  be 
exempt  from  prosecution  and  punishment  for  perjury  com- 
mitted in  so  testifying. 


PUBLIC  SERVICE  LAWS  OF  GEORGIA 


CONSTITUTIONAL  PROVISIONS. 
I.     GEORGIA  CODE,  1911. 

n:LL   OF    RIGHTS. 

Lobbying.  6386.  §  2.  Lobbying  is  declared  to  be  a 
crime,  and  the  general  assembly  shall  enforce  this  pro- 
vision by  suitable  penalties. 

PBOTECTIOX  TO  PERSON  AND  PROPERTY. 

Private  ways — Just  compensation.  6388.  §  3.  In  cases 
of  necessity,  private  ways  may  be  granted  upon  just 
compensation  being  first  paid  by  the  applicant.  Private 
property  shall  not  be  taken,  or  damaged,  for  public 
purposes,  without  just  and  adequate  compensation  being 
first  paid. 

Attainder  —  Ex  post  facto  and  retroactive  laws,  etc. 
6389.  No  bill  of  attainder,  ex  post  facto  law,  retroactive 
law,  or  law  impairing  the  obligation  of  contracts,  or 
making  irrevocable  grants  of  special  privileges  or  im- 
munities, shall  be  passed. 

novocation  of  grants.  6390.  No  grant  of  special  privi- 
leges or  immunities  shall  be  revoked,  except  in  such 
manner  as  to  work  no  injustice  to  the  corporators  or 
creditors   of   the   incorporation. 

SPECIAL  LEGISLATION  FORninOEN. 

General  laws,  and  hoic  varied.  6391.  §  4.  Laws  of  a 
general  nature  shall  have  uniform  operation  throughout 
the  State,  and  no  special  law  shall  be  enacted  in  any 
case  for  which  provision  has  been  made  by  an  existing 
general  law.  No  general  law  affecting  private  rights 
shall  be  varied  in  any  particular  case  by  special  legis- 
laticn,  except  with  the  free  consent,  in  writing,  of  all 
persons  to  be  affected  thereby;  and  no  person  under  legal 
disability   to  contract  is   capable  of   such   consent. 

ARTICLE  3.     LEGISLATIVE  DEPARTMENT. 

ENACTMENT  OF   LAWS. 

Corporate  powers,  how  granted.  6446.  §  7.  General 
assembly  shall  have  no  power  to  grant  corporate  powers 
and  privileges  to  private  companies,  to  make  or  change 
election  precincts,  nor  to  establish  bridges  or  ferries, 
nor  to  change  names  of  legitimate  children;  but  it  shall 
prescribe  by  law  the  manner  in  which  such  powers  shall 
be  exercised  by  the  courts.  All  corporate  powers  and 
privileges  to  banking.  Insurance,  railroad,  canal,  naviga- 
tion, express  and  telegraph  companies  shall  be  issued 
and  granted  by  the  secretary  of  State  in  such  manner  as 
shall  be  prescribed  by  law;  and  if  in  any  event  the 
secretary  of  State  should  be  disqualified  to  act  in  any 
case,  then  in  that  event  the  legislature  shall  provide 
by  general  laws  by  what  person  such  charters  shall  be 
granted. 


Street  railways.  6488.  The  general  assembly  shall  not 
authorize  the  construction  of  any  street  passenger  rail- 
way within  the  limits  of  any  incorporated  town  or  city, 
without  the  consent  of  the  corporate  authorities. 

ARTICLE  4.  POWER  OP  THE  GENERAL  ASSEMBLY 
OVER    TAXATION,    ETC. 

Tax  on  corporations.  6557.  The  power  to  tax  corpora- 
tions and  corporate  property  shall  not  be  surrendered  or 
suspended  by  any  contract  or  grant  to  which  the  State 
shall  be  a  party. 

State  aid  forbidden.  6560.  §  5.  The  credit  of  the  State 
shall  not  be  pledged  or  loaned  to  any  individual,  com- 
pany, corporation  or  association,  and  the  State  shall  not 
become  a  joint  owner  or  stockholder  in  any  company, 
association  or  corporation. 

Donations  forbidden.  6573.  §  6.  The  general  assembly 
shall  not,  by  vote,  resolution  or  order,  grant  any  dona- 
tion or  gratuity  in  favor  of  any  person,  corporation  or 
association. 

REGULATION  OF  CORPORATIONS. 

Power  to  regulate  rates  and  fares.  1.  §  6463.  The  power 
and  authority  of  regulating  railroad  freight  and  passenger 
tariffs,  preventing  unjust  discriminations,  and  requiring 
reasonable  and  just  rates  of  freight  and  passenger  tariffs, 
are  hereby  conferred  upon  the  general  assembly,  whose 
duty  it  shall  be  to  pass  laws,  from  time  to  time,  to  regu- 
late freight  and  passenger  tariffs,  to  prohibit  unjust  dis- 
criminations on  the  various  railroads  of  this  State,  and 
prohibit  said  roads  from  charging  other  than  just  and 
reasonable  rates,  and  enforce  the  same  by  adequate 
penalties. 

Eminent  domain.  §  6464.  The  exercise  of  the  right  of 
eminent  domain  shall  never  be  abridged,  nor  so  con- 
strued as  to  prevent  the  general  assembly  from  taking 
the  property  and  franchises  of  incorporated  companies 
and  subjecting  them  to  public  use,  the  same  as  property 
of  individuals;  and  the  exercise  of  the  police  power  of 
the  State  shall  never  be  abridged,  nor  so  construed  as 
to  permit  corporations  to  conduct  their  business  in  such 
a  manner  as  to  infringe  the  equal  rights  of  individuals 
or  the  general  wellbeing  of  the  State. 

Corporations  subject  to  the  provisions  of  this  constitu- 
tion. 3.  §  6465.  The  general  assembly  shall  not  remit  the 
forfeiture  of  the  charter  of  any  corporation  now  exist- 
ing, nor  alter  or  amend  the  same,  nor  pass  any  other 
general  or  special  law  for  the  benefit  of  said  corporation, 
except  upon  the  condition  that  such  corporation  shall 
thereafter  hold  its  charter  subject  to  the  provisions  of 
this  constitution;  and  every  amendment  of  any  charter 
of  any  corporation  in   this  State,  or  any  special  law   for 


396 


National  Associatiox  of  Kailway  Commissionkrs 


its  benefit,  accepted  thereby,  shall  operate  as  a  novation 
of  said  charter,  and  shall  bring  the  same  under  the  pro- 
visions of  this  constitution;  provided,  that  this  section 
shall  not  extend  to  any  amendment  for  the  purpose  of 
allowing  any  existing  roads  to  take  stock  in  or  aid  in 
the   building   of   any   branch   road. 

Corporations  not  authorized  to  buy  shares  tending  to 
defeat  competition.  4.  S  6466.  The  general  assembly  of  this 
State  shall  have  no  power  to  authorize  any  corporation 
to  buy  shares,  or  stock  in  any  other  corporation  In 
this  State,  cr  elsewhere,  or  to  make  any  contract,  or 
agreement  whatever,  with  any  such  corporation,  which 
may  have  the  effect,  or  be  intended  to  have  the  effect, 
to  defeat  or  lessen  competition  in  their  respective  busi- 
nesses, or  to  encourage  monopoly;  and  all  such  contracts 
and  agreements  shall  be  Illegal   and   void. 

No  secret  rebate  allowed  5.  §  6467.  No  railroad  company 
shall  give,  or  pay,  any  rebate  or  bonus  in  the  nature 
thereof,  directly  or  indirectly,  or  do  any  act  to  mislead 
or  deceive  the  public  as  to  the  real  rates  charged  or 
received  for  freights  or  passage;  and  any  such  payments 
shall  be  illegal  and  void,  and  these  prohibitions  shall  be 
■enforced  by  suitable  penalties. 

Not  intended  to  impair  contracts.  6.  §  6468.  No  pro- 
visions of  this  article  shall  be  deemed,  held  or  taken  to 
Impair  the  obligation  of  any  contract  heretofore  made  by 
the  State  of  Georgia. 

Appropriate  legislation  required.  7.  §  6469.  The  gen- 
eral assembly  shall  enforce  the  provisions  of  this  article  by 
appropriate    legislation. 

VOID  BONDS   NOT   TO  BE  P.\ID. 

Constitutional  amendment  declaring  bonds  void.  6618. 
Neither  the  general  assembly  nor  any  other  authority 
or  officer  of  this  State  shall  ever  have  power  to  pay  or 
recognize  as  legal,  or  in  any  sense  valid  or  binding  upon 
the  State,  any  direct  bonds,  or  currency  bonds,  gold 
bonds,  or  the  State's  alleged  guaranty  or  indorsement 
of  any  railroad  bonds,  or  any  other  bonds,  guaranties  or 
Indorsements  heretofore  declared  to  be  illegal,  fraudulent 
cr  void  by  act  or  resolution  of  the  legislature  of  the 
State,  or  that  may  be  declared  Illegal,  fraudulent  or 
void  by  act  or  resolution  of  the  legislature  originating 
this  amendment,  viz.:  The  State  gold  bonds  issued  under 
the  Act  of  October  17,  1870,  in  aid  of  the  Brunswick  & 
Albany  Railroad  Company;  the  currency  bonds  issued 
under  the  Act  of  August  27,  1870;  the  quarterly  gold 
bonds  issued  under  the  Act  of  September  15,  1870, 
which  are  enumerated  in  the  Act  of  August  23,  1872; 
the  indorsement  of  the  State  upon  the  bonds  of  the 
Brunswick  &  Albany  Railroad  Company,  made  under  the 
Act  of  March  18,  1869;  the  Indorsement  of  the  State 
upon  the  bonds  of  the  Cartersville  &  Van  Wert  Railroad 
Company,  and  of  the  Cherokee  Railroad  Company;  the 
indorsement  of  the  State  upon  the  bonds  of  the  Bain- 
bridge,  Cuthbert  &  Columbus  Railroad  Company;  and 
all  other  bond's,  guaranties  or  indorsements  declared 
illegal,  fraudulent  or  void,  as  herein  provided.  Nor 
shall  any  general  assembly  ever  have  power  to  provide 
for  the  reindorsement  of  such  railroad  bonds,  or  to  place 
the  State's  guaranty  upon  the  same,  or  to  provide  for 
the  indorsement  or  guaranty  by  the  State  of  any  new 
bonds  issued  in  lieu  of,  or  to  pay  off  or  retire,  such 
railroad  bonds,  by  any  railroad  company;  or  to  issue 
bonds  of  the  State  to  such  railroad  companies  or  other 
persons  in  payment  or  in  lieu  of  such  indorsed  bonds,  or 
other  bonds  herein  declared  illegal;  or  to  lend  the  aid  or 
credit  of  the  State,  by  any  act,  resolution  or  law,  to 
such  railroad  companies,  or  to  other  incorporated  com- 
panies or  persons  acquiring  or  succeeding  to  the  rights 
and  franchises  of  said  companies;  or  to  buy  the  rail- 
roads of  such  companies;  or  to  submit  the  question  of 
the  liability  of  the  State  upon  any  of  the  bonds  or 
indorsements  upon  bonds,  or  other  guaranty  herein  de- 
clared illegal,  fraudulent  and  void,  or  upon  any  claim 
for  money  advanced  upon  said  bonds,  indorsements  oi 
guaranties,  or  expended  by  said  companies  or  othei 
person  in  and  about  the  construction  of  said  railroads, 
to  the  decision  of  any  court,  tribunal  or  person  what- 
ever; or  to  pay,  assume  or  secure,  directly  or  indirectly, 
by  any  act,   resolution  or  law,   any   money  advanced  or 


claimed   to   have    been   advanced    on    the   bonds,    indorse- 
ments or  guaranties  herein  declared  invalid. 

STATUTE  LAW. 

Commissioners'  election.  §  2615.  From  and  after  Aug- 
ust 23,  1907,  the  railroad  commission  of  Georgia  shall 
consist  of  five  members,  to  be  elected  by  the  qualified 
voters  of  the  whole  State  who  are  entitled  to  vote  for 
members  of  the  general  assembly,  said  election  to  be 
held  under  the  same  rules  and  regulations  as  apply  to 
the  election  of  Governor  of  the  State;  and  said  commis- 
sioners shall  be  elected  at  the  first  general  election  pr(!- 
ceding  the  expiration  of  their  terms  of  office  respectively. 

Terms  of  office.  §  2616.  The  terms  of  office  of  the  two 
additional  commissioners,  provided  for  in  the  preceding 
paragraph,  shall  expire  one  on  December  1,  1911,  and 
the  other  December  1,  1913,  and  thereafter  the  terms 
shall  be  for  six  years  each.  The  Governor,  by  and  wit.i 
the  consent  of  the  senate,  shall  appoint  two  additional 
commissioners,  but  the  appointees  hereunder  shall  be 
commissioned  only  until  December  1,  1908,  said  pos - 
tions  to  be  filled  for  the  unexpired  terms  by  two  corr- 
missloners  to  be  elected  at  the  regular  general  election 
on  the  first  Wednesday  in  October,  1908.  In  order  that 
there  may  be  uniformity  of  expiration  of  the  terms  of 
all  the  railroad  commissioners,  the  term  of  the  commis- 
sioner expiring  October  15,  1909,  shall  be  extended  ti) 
December  1,  1909;  the  term  of  the  commissioner  expir- 
ing Octover  15,  1911,  shall  be  extended  to  December  1. 
1911,  and  the  term  of  the  commissioner  expiring  Octobe  ■ 
15,  1913,  shall  be  extended  to  December  1,  1913,  thei  ■ 
respective  successors  to  be  elected  for  full  terms  of  si; 
years  each. 

Vacancies.  §  2617.  In  case  of  a  vacancy  causing  ai 
unexpired  term,  the  same  shall  be  filled  by  executive  ap 
polntment,  and  the  person  appointed  shall  hold  his  offic< 
until  the  next  regular  general  election,  and  until  hli 
successor  for  the  balance  of  the  unexpired  term  shal 
have   been   elected   and   qualified. 

Suspension  of  commissioner  from  office.  S  2618.  Anj 
commissioner  may  be  suspended  from  office  by  order  o 
the  Governor,  who  shall  report  the  fact  of  such  sus 
pension,  and  the  reasons  thereof,  to  the  next  general  as 
sembly,  and  if  a  majority  of  each  branch  of  the  genera 
assembly  declare  that  said  commissioner  shall  be  re 
moved  from  office,  his  term  of  office  shall  expire. 

Oath  of  office.  §  2619.  Said  commissioners  shall  take 
an  oath  of  office,  to  be  framed  by  the  Governor. 

Qualification  of  members.  §  2620.  Said  commissioners 
shall  not,  jointly  or  severally,  or  in  any  way,  be  th« 
holders  of  any  railroad  stock  or  bonds,  or  be  the  ageni 
or  employe  of  any  railroad  company,  or  have  any  inter 
est  in  any  way  in  any  railroad,  and  shall  so  continue 
during  the  term  of  office;  and  in  case  any  commissionei 
becomes  disqualified  in  any  way,  he  shall  at  once  remove 
the  disqualification  or  resign,  and  on  failure  so  to  do 
he  must  be  suspended  from  office  by  the  Governor,  anc 
dealt  with  as  hereinafter  provided.  In  any  case  ol 
suspension,  the  Governor  may  fill  the  vacancy  until  the 
suspended  commissioner  is  restored  or  removed.  Anj 
person,  thirty  years  of  age,  who  is  qualified  to  vote  as 
an  elector  in  this  State,  and  who  is  not,  directly  or  indi 
rectly,  interested  in  any  mercantile  business  or  any  cor 
poration  that  is  controlled  by  or  that  participates  in  the 
benefit  of  any  pool,  combination,  trust,  contract  or  ar 
rangement  that  has  the  effect  or  tends  to  increase  the 
cost  to  the  public  of  carriage,  heat,  light,  power  or  of  anj 
commodity  'or  merchandise  sold  to  the  public,  shall  be 
eligible  to  membership  on  said  commission,  without  refer 
ence  to  his  experience  in  law  or  railway  business. 

Salaries.     S  2621.     The  salary  of  each  commissioner, ^ 
cept   the   chairman   of   the    commission,   shall    be   twenCy 
five  hundred  dollars,  to  be  paid  from  the  treasury  of  the' 
State. 

Chairman.  §  2622.  It  shall  be  the  duty  of  the  commis- 
sion to  elect  from  its  membership  the  chairman  of  the' 
railroad  commission  of  Georgia,  who  shall  hold  the  posi- 
tion of  chairman  for  a  term  of  two  years,  and  who  shall 
give  his  entire  time  to  the  duties  of  his  office,  and  who 
shall  receive  therefor,  during  his  term  as  chairman,  a 
salary  of  four  thousand  dollars  per  annum,  to  be  paid 
from  the  State  treasury. 


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397 


Rate  experts.  §  2623.  The  commission  is  autliorized  to 
employ  one  or  more  rate  experts,  at  a  total  cost  not  to 
exceed  four  thousand  dollars  per  annum,  for  the  entire 
service  to  be  rendered  under  the  direction  of  the  com- 
mission. 

Attoriiey  for  the  commission.  §  2624.  The  office  of  attor- 
ney to  the  railroad  commission  is  hereby  created,  and  the 
Governor  is  authorized  to  appoint  said  attorney,  whose 
term  of  office  shall  be  four  years  and  until  his  successor 
is  qualified,  and  who  shall  receive  a  salary  of  twenty-five 
hundred  dollars  a  year,  and  he  may  be  removed  by  the 
Governor  at  any  time. 

Domicile  of  the  commission.  §  2625.  The  domicile  of 
the  railroad  commission  of  Georgia  is  hereby  fixed  at  the 
capitol  of  the  State,  in  Atlanta,  Fulton  County;  and  no 
court  of  this  State,  other  than  those  of  Fulton  County, 
shall  have  or  take  jurisdiction  in  any  suit  or  proceeding 
brought  or  instituted  against  said  commission,  or  any  of 
its   orders   or   rules. 

Evidence  of  reports,  schedules  and  orders.  §  2626.  The 
printed  reports  of  the  railroad  commission,  published  by 
Its  authority,  shall  be  admissible  as  evidence  in  any  court 
In  Georgia  without  further  proof,  and  the  schedules  oi 
rates  made  by  the  commission,  and  any  order  passed  or 
rule  or  regulation  prescribed  by  the  commission,  shall  De 
admissible  in  evidence  in  any  court  in  Georgia,  uixin  the 
certificate  of  the  secretary  of  the  commission. 

Location  of  office,  clerk,  expenses,  etc.  S  2627.  Said  com- 
missioners shall  be  furnished  with  an  office,  necessary 
furniture  and  stationery,  and  may  employ  a  secretary 
or  clerk  at  a  salary  of  eighteen  hundred  dollars  at  the 
expense  of  the  State.  The  office  of  said  commissioners 
shall  be  kept  at  Atlanta,  and  all  sums  of  money  author- 
ized to  be  paid  by  this  Article  out  of  the  State  treasury 
shall  be  paid  only  on  the  order  of  the  Governor;  Pro- 
vided, that  the  total  sum  to  be  expended  by  said  com- 
missioners for  office  rent,  furniture  and  stationery  shall, 
in  no  case,  exceed  the  sum  of  eight  hundred  dollars,  or 
so  much  thereof  as  may  be  necessary  per  annum. 

Extortion  by  railroads  forbidden.  §  2628.  If  any  rail- 
road corporation,  organized  or  doing  business  in  this 
State,  under  any  Act  of  incorporation  or  general  law  of 
this  State  now  in  force,  or  which  may  hereafter  be  en- 
acted, or  any  railroad  corporation  organized,  or  which 
may  hereafter  be  organized  under  the  laws  of  any  other 
State,  and  doing  business  in  this  State,  shall  charge,  col- 
lect, demand  or  receive  more  than  a  fair  and  reasonable 
rate  of  toll  or  compensation  for  the  transportation  of 
passengers  or  freight  of  any  description,  or  for  the  use 
and  transportation  of  any  railroad  car  upon  its  track, 
or  any  of  its  branches  thereof,  or  upon  any  railroad 
within  this  State  which  it  has  the  right,  license  or  per- 
mission to  use,  operate  or  control,  the  same  shall  be 
deemed  guilty  of  extortion,  and,  upon  conviction  thereof, 
shall  be  dealt  with  as  hereinafter  provided. 

Unjust  discrimination  forbidden.  S  2629.  If  any  rail- 
road corporation  as  aforesaid  shall  make  any  unjust  dis- 
crimination In  its  rates  or  charges  of  toll  or  comiiensation 
for  the  transportation  of  passengers  or  freights  of  any 
description,  or  for  the  use  and  transportation  of  any 
railroad-car  upon  its  said  road,  or  upon  any  of  the 
branches  thereof,  or  upon  any  railroad  connected  there- 
with, which  it  has  the  right,  license  or  permission  to 
operate,  control  or  use,  within  this  State,  the  same  shall 
be  deemed  guilty  of  having  violated  the  provisions  of  this 
Article,  and,  upon  conviction  thereof,  shall  be  dwelt  with 
as  hereinafter  provided. 

Duty  of  commissioners.  §  2630.  The  power  to  determine 
what  are  just  and  reasonable  rates  and  charges  is  vested 
exclusively  in  said  commission;  and  the  commissioners 
shall  make  reasonable  and  just  rates  of  freight  and  pas- 
senger tariffs,  to  be  observed  by  all  railroad  companies 
doing  business  in  this  State  on  the  railroads  thereof; 
shall  make  reasonable  and  just  rules  and  regulations,  to 
be  observed  by  all  railroad  companies  doing  business  in 
this  State,  as  to  charges  at  any  and  all  points,  for  the 
necessary  handling  and  delivering  of  freight;  shall  make 
such  just  and  reasonable  rules  and  regulations  as  may  be 
necesFary  for  preventing  unjust  discriminations  in  the 
transportation  of  freight  and  passengers  on  the  railroads 
in  this  State;  shall  have  the  power  to  make  just  and 
reasonable  joint  rates  for   all   connecting  railroads   doing 


business  in  this  State,  as-  to  all  traffic  or  business  passing 
from  one  of  said  roads  to  another:  Provided,  however, 
that  before  applying  joint  rates  to  roads  that  are  not 
under  the  management  and  control  of  one  and  the  same 
company,  the  commissioners  shall  give  thirty  days'  notice 
to  said  roads  of  the  joint  rate  contemplated,  and  of  its 
division  between  said  roads,  and  give  hearings  to  roads 
desiring  to  object  to  the  same;  shall  make  reasonable 
and  just  rates  of  charges  for  use  of  railroad  cars  carry- 
ing any  and  all  kinds  of  freight  and  passengers  on  said 
railroads,  no  matter  by  whom  owned  or  carried;  and  shell 
make  just  and  reasonable  rules  and  regulations,  to  be 
obs^erved  by  said  railroad  companies  on  said  railroads,  to 
prevent  the  giving  or  paying  of  any  rebate  or  bonus,  di- 
rectly or  indirectly,  and  from  misleading  or  deceiving  the 
public  in  any  manner  as  to  the  real  rates  charged  for 
freight  and  passengers:  Provided,  that  nothing  in  this 
Article  contained  shall  be  taken  as  in  any  manner  abridg- 
ing or  controlling  the  rate  for  freight  charged  by  any 
railroad  company  in  this  State  for  carrying  freight  which 
comes  from  or  goes  beyond  the  boundaries  of  the  State, 
and  on  which  freight  less  than  local  rates  on  any  railroad 
carrying  the  same  are  charged  by  such  railroad,  but  said 
railroad  companies  shall  possess  the  same  power  and 
right  to  charge  such  rates  for  carrying  such  freights  as 
they  possessed  before  October  14th,  1879.  Said  commis- 
sioners shall  have  full  power  by  rules  and  regulations  to 
designate  and  fix  the  difference  in  rates  of  freight  and 
passenger  transportation,  to  be  allowed  for  longer  and 
shorter  distances  on  the  same  or  different  railroads,  and 
to  ascertain  what  shall  be  the  limits  of  longer  and  shorter 
distances.  And  said  roalroad  commissioners  shall  have 
power  to  require  the  location  of  such  depots,  and  the 
establishment  of  such  freight  and  passenger  buildings,  as 
the  condition  of  the  road,  the  safety  of  freight  and  the 
public  comfort  and  convenience  may  require,  upon  the 
giving  of  such  railroad  company  to  be  affected  thereby 
the  same  notice  as  herein  provided. 

To  make  rates.  §  2631.  The  railroad  commissioners  are 
required  to  make  for  each  of  the  railroad  corporations 
doing  business  in  this  State,  as  soon  as  practicable,  a 
schedule  of  just  and  reasonable  rates  of  charges  for  the 
transportation  of  passengers  and  freights  and  cars  on 
each  of  said  railroads;  and  said  schedule  shall,  in  suits 
brought  against  any  such  corporation  wherein  is  involved 
the  charges  of  any  such  corporation  for  the  transportation 
of  any  passengers  or  freight  or  cars,  or  unjust  discrimina- 
tion in  relation  thereto,  be  deemed  and  taken  in  all 
courts  of  this  State  as  sufficient  evidence  that  the  rates 
therein  fixed  are  just  and  reasonable  r,ates  of  charges  for 
the  transportation  of  passengers  and  freights  and  cars 
upon  the  railroads;  and  said  commissioners  shall,  from 
time  to  time,  and  as  often  as  circumstances  may  require, 
change  and  revise  said   schedules. 

Publication  of  rates,  i  2632.  When  any  schedule  shall 
have  been  made  or  revised,  as  aforesaid,  it  shall  be  the 
duty  of  said  commissioners  to  cause  publication  thereof 
to  be  made  for  one  time  in  some  public  newspaper  pub- 
lished in  the  cities  of  Atlanta,  Augusta,  Albany,  Savan- 
nah, Macon,  Rome,  Columbus,  Americus  and  others  in 
this  State,  at  a  rate  not  to  exceed  fifty  cents  per  square 
of  usual  advertising  space  when  less  than  a  column  is 
occupied;  or  more  than  twelve  dollars  per  column  when 
as  much  space  as  a  column  or  nlbre  is  occupied,  by  in- 
serting said  schedule  or  change  of  any  schedule;  so  that 
said  newspaper  shall  not  charge  for  such  advertising  any 
rate  in  excess  of  that  allowed  for  county  legal  adver- 
tising. And  after  the  same  shall  be  so  published,  it 
shall  be  the  duty  of  all  such  railroad  companies  to  post 
at  all  their  respective  stations,  in  a  conspicuous  place, 
a  copy  of  said  schedule  for  the  protection  of  the  people: 
Provided,  that  the  schedules  thus  prepared  shall  not  be 
taken  as  evidence,  as  herein  provided,  until  schedules 
shall  have  been  prepared  and  published  as  aforesaid,  for 
all  the  railroad  companies  now  organized  under  the  laws 
of  this  State,  or  that  may  be  organized  at  the  time  of 
said  publication,  and  all  such  schedules,  purporting  to  be 
printed  and  published  as  aforesaid,  shall  be  received  and 
held  in  all  such,  suits  as  prima  facie  the  schedules  of 
said  commissioners,  without  further  proof  than  the  pro- 
duction of  the  schedules  desired  to  be  used  as  evidence, 
with  a  certificate  of  the  railroad  commission  that  the 
same   is   a   true   copy   of   the  schedule   prepared   by  them 


398 


Natioxal  Association  of  Eailway  Commissioxers 


for  the  railroad  company  or  corporation  therein  named, 
and  that  the  same  has  been  duly  published  as  required 
by  law. 

Jurisdiction  and  power  of  commissioners.  %  2633.  It 
shall  be  the  duty  of  said  commissioners  to  investigate 
the  books  and  papers  of  all  the  railroad  companies  doing 
business  in  this  State,  to  ascertain  if  the  rules  and  regu- 
lations aforesaid  have  been  complied  with  and  to  make 
personal  visitation  of  railroad  offices,  stations  and  other 
places  of  business  for  the  purpose  of  examinations,  and 
to  make  rules  and  regulations  concerning  such  examina- 
tions which  rules  and  regulations  shall  be  observed  and 
obeyed  as  other  rules  and  regulations  aforesaid;  said 
commissioners  shall  also  have  full  power  and  authority 
to  examine  all  agents  and  employes  of  said  railroad 
companies,  and  other  persons,  under  oath  or  otherwise, 
in  order  to  procure  the  necessary  information  to  make 
just  and  reasonable  rates  of  freight  and  passenger  tariffs, 
and  to  ascertain  if  such  rules  and  regulations  are  ob- 
served or  violated,  and  to  make  necessary  and  proper 
rules  and  regulations  concerning  such  examination,  and 
which  rules  and  regulations  herein  provided  for  shall 
be  obeyed  and  enforced  as  all  other  rules  and  regulations 
provided  for  in  this  Article. 

May  regulate  transportation  of  freights.  §  2634.  The 
railroad  commission  of  this  State  shall  be,  and  is,  hereby 
vested  with  full  power  and  authority  to  make,  prescribe, 
and  enforce  all  such  reasonable  rules,  regulations  and 
orders  as  may  be  necessary  in  order  to  compel  and  re- 
quire the  several  railroad  companies  in  this  State  to 
promptly  receive,  receipt  for,  forward  and  deliver  to 
destination  all  frieght  of  every  character  which  may 
be  tendered  or  received  by  them  for  transportation;  and 
as  well  such  reasonable  rules,  regulations  and  orders  as 
may  be  necessary  to  compel  and  require  prompt  delivery 
of  all  freights,  on  arrival  at  destination,  to  the  consignee. 

Shippers,  requirements  of.  §  2635.  Whenever  a  shipper 
or  consignor  shall  require  of  a  railroad  company  the  plac- 
ing of  a  car  or  cars  to  be  used  in  shipments,  then  in 
order  for  the  consignor  or  shipper  to  avail  himself  of  the 
forfeitures  or  penalties  prescribed  by  the  rules  and  regu- 
lations of  said  railroad  commission,  it  must  first  appear 
that  such  shipper  or  consignor  made  written  application 
for  said  car  or  cars  to  said  railroad:  Provided,  that  such 
railroad  commission  shall,  by  reasonable  rules  and  regu- 
lations, provide  the  time  within  which  said  car  or  cars 
shall  be  furnished  after  being  ordered  as  aforesaid,  and 
the  penalty  per  day  per  car  to  be  paid  by  said  railroad 
company  in  the  event  such  car  .or  cars  are  not  furnished 
as  ordered.  And  provided  further,  that  in  order  for  any 
shipper  or  consignor  to  avail  himself  of  the  penalties 
provided  by  the  rules  and  regulations  of  said  railroad 
commission,  such  shipper  or  consignor  shall  likewise  be 
subject,  under  proper  rules  to  be  fixed  by  said  commis- 
sion, to  the  orders,  rules  and  regulations  of  said  railroad 
commission. 

May  compel  witnesses  as  to  rebates  and  underbilUng. 
§  2636.  In  the  investigation  of  complaints  by  the  railroad 
commission  of  this  State  of  violations  of  the  law  against 
giving  or  granting  rebates,  or  of  underbilling,  by  com- 
mon carriers,  said  commission  is  hereby  given  the  power 
and  authority  to  compel  the  shipper  or  consignee,  or  any 
officer,  agent  or  employe  of  a  common  carrier,  to  give 
evidence  touching  such  complaints.  Before  any  such 
person  shall  be  compelled  to  give  evidence  touching  such 
complaints,  the  railroad  commission  shall  make  an  order 
that  such  witness  is  required  by  the  commission  to 
testify,  and  that  he  is  exempt  thereafter  from  indict- 
ment or  prosecution  for  any  transaction  about  which 
he  is  so  compelled  to  testify.  When  such  order  is  made 
the  witness  shall  be  compelled  to  give  evidence  touching 
such  complaints,  and  he  shall  be  forever  free  from  in- 
dictment or  prosecution  in  any  court  of  this  State  touch- 
ing the  matters  about  which  he  is  compelled  to  testify. 

Witness  compelled  to  testify  in  suit  or  prosecution. 
i  2637.  When  a  witness  is  exonerated  from  indictment  or 
prosecution,  as  herein  provided,  he  shall  in  like  manner 
be  compelled  to  give  evidence  in  any  suit  or  prosecution 
instituted  in  any  of  the  courts  of  this  State  against  any 
common  carrier  or  against  any  person  on  account  of  the 
transactions  about  which  he  is  compelled  to  testify  before 
the  railroad  commission. 


Power  of  commissioners  over  contracts  between  rail- 
roads. §  2638.  All  contracts  and  agreements  between  rail 
road  companies  doing  business  in  his  State,  as  to  rates 
of  freight  and  passenger  tariffs,  shall  be  submitted  to 
said  commissioners  for  inspection  and  correction,  that 
it  may  be  seen  whether  or  not  they  are  a  violation  of 
law  or  of  the  provisions  of  the  Constitution,  or  of  this 
article,  or  of  the  rules  and  regulations  of  said  commis- 
sioners; and  all  arrangements  and  agreements  whatever 
as  to  the  division  of  earnings  of  any  kind  by  competing 
railroad  companies,  doing  business  in  this  State,  shall  be 
submitted  to  said  commissioners  for  inspection  and  ap- 
proval, in  so  far  as  they  affect  rules  and  regulations 
made  by  said  commissioners  to  secure  to  all  persons 
doing  business  with  said  companies  just  and  reasonable 
rates  of  freight  and  passenger  tariffs;  and  said  com- 
missioners may  make  such  rules  and  regulations  as  to 
such  contracts  and  agreements  as  may  be  then  deemed 
necessary  and  proper,  and  any  such  agreements,  not 
approved  by  such  commissioners,  or  by  virtue  of  which 
rates  shall  be  charged  exceeding  the  rates  fixed  for 
freight  and  passengers,  shall  be  deemed,  held  and  taken 
to  be  violations  of  article  4,  §  1,  paragraph  4  of  the  Con- 
stitution, and  shall  be  illegal  and  void. 

Inspection  of  roads  by  commission  required.  §  2639. 
The  railroad  commission,  upon  complaint  made,  shall 
inspect  for  themselves,  or  through  an  agent,  any  railroad 
or  any  part  of  any  railroad  in  this  State,  and  if  the  same 
is  found  in  an  unsafe  or  dangerous  condition,  it  shall 
require  the  same  put  and  kept  in  such  condition  as  will 
render  travel  over  the  same  safe  and  expeditious;  reason- 
able time  shall  be  given  the  railroad  authorities  in  which 
to  accomplish  the  work  or  repairs  required.  This  section 
shall  not  limit  or  affect  the  liability  of  railroads  in  cases 
of  damage  to  person  or  property. 

Injuries  resulting  from  violation  of  rules.  §  2640.  If 
any  railroad  company  doing  business  in  this  State  shall, 
in  violation  of  any  rule  or  regulation  provided  by  the 
commissioners  aforesaid,  inflict  any  wrong  or  injury  on 
any  person,  such  person  shall  have  a  right  of  action  and 
recovery  for  such  wrong  or  injury  in  the  county  where 
the  same  was  done,  in  any  court  having  jurisdiction 
thereof,  and  the  damages  to  be  recovered  shall  be  the 
same  as  in  actions  between  individuals,  except  that,  in 
cases  of  wilful  violation  of  law,  such  railroad  companies 
shall  be  liable  to  exemplary  damages;  provided,  that  all 
suits  under  this  Act  shall  be  brought  within  12  months 
after  the  commission  of  the  alleged  wrong  or  injury. 

Rules  of  evidence.  §  2641.  In  all  cases  under  the  pro- 
vision of  this  article  the  rules  of  evidence  shall  be  the 
same  as  in  civil  actions,  except  as  hereinbefore  other- 
wise provided.  All  fines  recovered  under  the  provisions 
of  this  Act  shall  be  paid  into  the  State  treasury,  to  be 
used  for  such  purposes  as  the  general  assembly  may 
provide.  The  remedies  hereby  given  the  persons  in- 
jured shall  be  regarded  as  cumulative  to  the  remedies 
now  given  by  law  against  railroad  corporations,  and  this 
article  shall  not  be  construed  as  repealing  any  statute 
giving  such  remedies. 

Meaning  of  terms.  §  2642.  The  terms  "railroad  cor- 
poration," or  "railroad  company,"  contained  in  this  Act 
shall  be  deemed  and  taken  to  mean  all  corporations, 
companies  or  individuals  now  owning  or  operating,  or 
which  may  hereafter  own  or  operate  any  railroad,  in 
whole  or  in  part,  in  this  State,  and  the  provisions  of 
this  Act  shall  apply  to  all  persons,  firms  and  companies, 
and  to  all  associations  of  persons,  whether  incorporated 
or  otherwise,  that  shall  do  business  as  common  carriers 
upon  any  of  the  lines  of  railroad  in  this  State  (street 
railways  excepted),  the  same  as  to  railroad  corporations 
hereinbefore  mentioned. 

Duplicate  freight  receipts.  §  2643.  All  railroad  compa- 
nies in  this  State  shall,  on  demand,  issue  duplicate  freight 
receipts  to  shippers,  in  which  shall  be  stated  the  class  or 
classes  of  freight  shipped,  the  freight  charges  over  the 
road,  giving  the  receipt,  and,  so  far  as  practicable,  shall 
state  the  freight  charges  over  other  roads  that  carry  such 
freight.  When  the  consignee  presents  the  railroad  receipt 
to  the  agent  of  the  railroad  that  delivers  such  freight, 
such  agent  shall  deliver  the  article  shipped  upon  payment 
of  the  rate  charged  for  the  class  of  freights  mentioned 
in  the  receipt. 

Reports  of  commissioners.    §  2644.    It  shall  be  the  duty 


Public  Service  Laws 


399 


of  the  commissioners  herein  provided  for  to  make  to  the 
governor  annual  reports  of  the  transactions  of  their 
office,  and  to  recommend,  from  time  to  time,  such  legis- 
lation as  they  may  deem  advisable  under  the  provisions 
of  this  article. 

Duty  to  investigate  through  rates.  §  2645.  It  shall  be 
the  duty  of  the  railroad  commission  to  investigate  thor- 
oughly all  through  freight  rates  from  points  out  of 
Georgia  to  points  in  Georgia,  and  from  points  in  Georgia 
to  points  out  of  Georgia. 

Report  improper  charges  to  railroad  offlcials.  §  2646. 
Whenever  the  commission  finds  that  a  through  rate, 
charged  into  or  out  of  Georgia,  is,  in  their  opinion,  excess- 
ive or  unreasonable,  or  discriminating  in  its  nature,  it 
shall  call  the  attention  of  the  railroad  officials  in  Georgia 
to  the  tact,  and  urge  upon  them  the  propriety  of  chang- 
ing such  rate  or  rates. 

//  not  changed  to  report  to  Interstate  Commission. 
§  2647.  Whenever  such  rates  are  not  changed  according  to 
the  suggestion  of  the  railroad  commission,  it  shall  be 
the  duty  of  the  commission  to  present  the  facts,  when- 
ever it  can  legally  be  done,  to  the  Interstate  Commerce 
Commission  and  appeal  to  it  for  relief. 

Attorney-general  to  represent  railroad  commission. 
§  2648.  In  all  such  work  devolving  upon  the  railroad  com- 
mission they  shall  receive,  upon  application,  the  services 
of  the  attorney-general  of  this  State,  and  he  shall  also 
represent  them,  whenever  called  upon  to  do  so,  before 
the    Interstate   Commerce   Commission. 

To  fix  storage  charges.  §  2649.  The  railroad  commis- 
sion is  required  to  fix  and  prescribe  a  schedule  of  maxi- 
mum rates  and  charges  for  storage  of  freight  made  and 
charged  by  railroad  companies  doing  business  in  this 
State,  and  to  fix  at  what  time  after  the  reception  of 
freight  at  place  of  destination  such  charges  for  storage 
shall  begin;  with  power  to  vary  the  same  according  to 
the  value  and  character  of  the  freight  stored,  the  nature 
of  the  place  of  destination,  residence  of  consignee  and 
such  other  facts  as  in  their  judgment  should  be  con- 
sidered  in  fixing  the  same. 

Railroad  commission  law  applicable.  §  2650.  All  of  the 
provisions  prescribing  the  procedure  of  said  commission 
in  fixing  freight  and  passenger  tariffs,  and  hearing  com- 
plaints of  carriers  and  shippers,  and  of  altering  and 
amending  said  tariffs,  shall  apply  to  the  subject  of  fixing 
and  amending  rates  and  charges  for  storage,  as  afore- 
said. 

Railroads  not  to  charge  storage  greater  than  that  fixed. 
§  2651.  No  railroad  company  shall  make  or  retain,  directly 
or  indirectly,  any  charge  for  storage  of  freight  greater 
than  that  fixed  by  the  commission  for  each  particular 
storage,  nor  shall  they  discriminate  directly  or  indirectly 
by  means  of  rebate,  or  any  other  device  in  such  charges, 
between    persons. 

Remedy  for  violation  by  railroads.  §  2652.  If  any  rail- 
road company  shall  violate  the  provisions  of  the  three 
preceding  sections,  either  by  exceeding  the  rates  of  stor- 
age prescribed,  or  by  discriminating  as  aforesaid,  the 
person  or  persons  so  paying  such  overcharge,  or  sub- 
jected to  such  discrimination,  shall  have  the  right  to  sue 
for  the  same  in  any  court  of  this  State  having  jurisdic- 
tion of  the  claim,  and  shall  have  all  the  remedies  and  be 
entitled  to  recover  the  same  penalties  and  measure  of 
damages  as  is  prescribed  in  the  case  of  overcharge  of 
freight  rates,  upon  making  like  demand  as  is  prescribed 
in  such  case,  and  after  like  failure  to  pay  the  same. 

Poiver  of  commissioners  over  witnesses.  §  2653.  Said 
railroad  commissioners,  in  making  any  examination  for 
the  purpose  of  obtaining  information  pursuant  to  this 
article,  shall  have  power  to  issue  subpoenas  for  the  at- 
tendance of  witnesses,  by  such  rules  as  they  may  pre- 
scribe. And  said  witnesses  shall  receive  for  such  attend- 
ance $2  per  day,  and  5  cents  per  mile,  traveled  by  the 
nearest  practicable  route  in  going  to  and  returning  from 
the  place  of  meeting  of  said  commissioners,  to  be  ordered 
paid  by  the  governor  upon  presentation  of  subpoenas, 
sworn  to  by  the  witnesses,  as  to  number  of  days  served 
and  miles  traveled,  before  the  clerk  of  said  commission- 
ers, who  is  hereby  authorized  to  administer  oaths.  In 
case  any  person  shall  wilfully  fall  or  refuse  to  obey  such 
subpoena,  it  shall  be  the  duty  of  the  judge  of  the  Su- 
perior   Court    of    any    county,    upon    application    of    said 


commissioners,  to  issue  an  attachment  for  such  witness, 
and  compel  him  to  attend  before  the  commissioners  and 
give  his  testimony  upon  such  matters  as  shall  be  law- 
fully required  by  such  commissioners,  and  said  court 
shall  have  power  to  punish  for  contempt,  as  in  other 
cases  of  refusal  to  obey  the  process  and  order  of  such 
court. 

Railroad  officers  to  report  to  commissioners.  §  2654. 
Every  officer,  agent  or  employe  of  any  railroad  company 
who  shall  wilfully  neglect  or  refuse  to  make  and  furnish 
any  report  required  by  the  commissioners,  as  necessary 
to  the  purpose  of  this  article,  or  who  shall  wilfully  and 
unlawfully  hinder,  delay  or  obstruct  said  commissioners 
in  the  discharge  of  the  duties  hereby  imposed  upon  them, 
shall  forfeit  and  pay  a  sum  of  not  less  than  $100,  nor 
more  than  $5,000,  for  each  offense,  to  be  recovered  in 
an  action  of  debt  in  the  name  of  the  State. 

Railroads  required  to  deliver  freights  to  connecting 
lines.  §  2655.  All  railroad  companies  in  this  State  shall, 
at  the  terminus  or  any  intermediate  point,  be  required 
to  switch  off  and  deliver  to  the  connecting  road  having 
the  same  gauge,  in  the  yard  of  the  latter,  all  cars  pass- 
ing over  their  lines,  or  any  portion  of  the  same,  contain- 
ing goods  or  freights  consigned,  without  rebate  or  decep- 
tion, by  any  route,  at  the  option  of  the  shipper,  accord- 
ing to  customary  or  published  rates,  to  any  point  over  or 
beyond  such  connecting  road,  and  any  failure  to  do  so 
with  reasonable  diligence,  according  to  the  route  by 
which  such  goods  or  freights  were  consigned,  shall  be 
deemed  and  taken  as  a  conversion  in  law,  of  such  goods 
or  freights,  and  shall  give  a  right  of  action  to  the  owner 
or  consignee,  for  the  value  of  the  same,  with  interest, 
and  not  less  than  10  per  cent,  nor  more  than  25  per  cent, 
for  expenses  and  damages;  provided,  that  should  the 
defendant,  in  any  suit  brought  under  this  section,  set 
up  as  a  defense  that  the  plaintiff  has  accepted  a  rebate 
or  practiced  fraud  or  deception  touching  the  rate,  it 
shall  be  a  complete  reply  to  such  defense  if  the  plaintiff 
can  prove  that  defendant,  or  its  agents,  have  allowed  a 
rebate  or  rebates,  or  practiced  like  fraud  or  deception 
from  the  same  competing  point  against  the  rival  line. 

Railroads  may  join  their  tracks,  etc.  §  2656.  Where 
any  railroad  in  this  State  joins  another  at  any  point 
along  its  line,  or  where  two  of  such  roads  have  the  same 
terminus,  either  line,  having  the  same  gauge,  may,  at 
its  own  expense,  join  its  track  by  proper  and  safe 
switches  with  the  other,  should  such  other  road  or  com- 
pany refuse  to  join  in  the  work  and  expense. 

Discriminations  illegal.  S  2657.  No  railroad  company 
shall  discriminate  in  its  rates  or  tariff  of  freights  in 
favor  of  any  line  or  route  connected  with  it  as  against 
any  other  line  or  route,  nor,  when  a  part  of  its  own  line 
is  sought  to  be  run  in  connection  with  any  other  route, 
shall  such  company  discriminate  against  such  connecting 
line  or  in  favor  of  the  balance  of  its  own  line,  but 
shall  have  the  same  rates  for  all,  and  shall  afford  the 
usual  and  like  customary  facilities  for  interchange  of 
freights  to  patrons  of  each  and  all  routes  or  lines  alike; 
any  refusal  of  the  same  shall  give  a  like  right  of  action 
as   mentioned  in   §  2655  of  this  Code. 

Right  to  connect  switches.  ho%v  enforced.  §  2658.  Should 
any  railroad  company  refuse  to  allow  the  connecting 
switches  put  in  its  line  when  requested  under  §  2656,  it 
shall  and  may  be  lawful  for  the  other  road,  seeking 
such  connection,  to  proceed  to  procure  right  to  use  so 
much  of  the  franchise  of  the  former  as  may  be  necessary 
for  such  purpose,  in  the  manner  pointed  out  in  the 
charter  of  the  Central  Railroad  &  Banking  Company 
for  ascertaining  the  value  of  and  paying  for  private  prop- 
erty taken  for  use  of  said  road. 

Application  of  the  foregoing.  §  2659.  None  of  the  pro- 
visions of  the  foregoing  sections  shall  apply  to  shipments 
or  consignments  of  freight  from  points  beyond  the  limits 
of  this  State,  except  such  as  come  by  sea,  and  except 
such  as  pass  over  the  Western  &  Atlantic  Railroad,  and 
in  respect  to  said  road  these  provisions  shall  be  con- 
strued as  in  harmony  with  and  in  furtherance  of  the 
provisions  of  the  law  and  contract  under  which  the  same 
is  leased,  by  which  discriminations  against  other  lines  are 
forbidden. 

Express  and  telegraph  companies  under  commissioners' 
control.     §  2660.     All   companies   or  persons   owning,   con- 


400 


Xatioxal  Association  of  Railway  Cohmissioxers 


trolling  or  oiierating,  or  that  may  hereafter  own,  control 
or  operate  a  iine  or  lines  of  express  or  telegraph,  which 
are,  in  whole  or  in  part,  in  this  State,  shall  be  under 
the  control  of  the  railroad  commissioners  of  this  State, 
who  shall  have  full  power  to  regulate  the  prices  to  be 
charged  by  any  company  or  person  or  persons  owning, 
controlling  or  operating  any  line  or  lines  of  express  and 
telegraph,  for  any  service  performed  by  such  company, 
person  or  persons,  and  all  the  powers  given  to  said  com- 
missioners over  railroads  in  this  State,  and  all  the  pen- 
alties prescribed  against  railroad  companies  or  persons 
operating  railroads  are  hereby  declared  to  be  of  force 
against  corporations,  companies,  or  a  person  or  persons 
owning,  controlling  or  operating  a  line  or  lines  of  ex- 
press and  telegraph,  doing  business  in  this  State,  whose 
line  or  lines  is  or  are,  wholly  or  in  part,  in  this  State, 
so  far  as  said  provisions  of  the  Code  can  be  made  appli- 
cable to  any  corporation,  company,  person  or  persons 
owning,  controlling  or  operating  a  line  or  lines  of  express 
and  telegraph.  The  said  commissioners  shall  also  have 
power  and  authority  to  require  said  companies  to  locate 
agencies   at   railroad   stations. 

Regulation  of  charges.  §  2661.  The  powers  of  the  com- 
missioners to  regulate  charges  by  corporations,  com- 
panies and  persons  herein  referred  to  shall  apply  only 
to  charges  by  express  for  transportation  from  one  point 
to  another  in  this  State;  and  messages  sent  by  telegraph 
from  one  point  to  another  in  this  State. 

Powers  and  duties  extended.  §  2662.  The  powers  and 
duties  heretofore  conferred  by  law  upon  the  railroad  com- 
mission are  hereby  extended  and  enlarged,  so  that  its 
authority  and  control  shall  extend  to  street  railroads, 
and  street  railroad  corporations,  companies  or  persons 
owning,  leasing  or  operating  street  railroads  in  this  State; 
provided,  however,  that  nothing  herein  shall  be  construed 
to  impair  any  valid  subsisting  contract  now  in  existence 
between  any  municipality  and  any  such  company;  and 
provided,  that  this  section  shall  not  operate  as  a  repeal 
of  any  existing  municipal  ordinance;  nor  shall  it  impair 
nor  invalidate  any  future  contract  or  ordinance  of  any 
municipality  as  to  the  public  uses  of  such  company,  that 
shall  receive  the  assent  of  the  railroad  commission;  over 
docks  and  wharves  and  corporations,  companies  or  per- 
sons owning,  leasing  or  operating  the  same;  over  ter- 
minals or  terminal  stations  and  corporations,  companies 
or  persons  owning,  leasing  or  operating  such;  cotton 
compress  corporations  or  associations  and  persons  or 
companies  owning,  leasing  or  operating  the  same;  and 
over  telegraph  or  telephone  corporations,  companies  or 
persons  owning,  leasing  or  operating  a  public  telephone 
service  or  telephone  lines  in  this  State;  over  gas  and 
electric  light  and  power  companies,  corporations  or  per- 
sons owning,  leasing  or  operating  public  gas  plants,  or 
electric  light  and  power  plants  furnishing  service  to  the 
public. 

Jurisdiction  of  the  commission.  §  2663.  The  railroad 
commission  of  Georgia  shall  have  and  exercise  all  the 
power  and  authority  heretofore  conferred  upon  it  by 
law,  and  shall  have  the  general  supervision  of  all  com- 
mon carriers,  railroads,  express  corporations  or  com- 
panies, street  railroads,  railroad  corporations  or  com- 
panies, dock  or  wharfage  corporations  or  companies, 
terminal  or  terminal  station  corporations  or  campanies, 
telephone  and  telegraph  corporations  or  companies  within 
this  State,  gas  or  electric  light  and  power  companies 
within  this  State;  and  while  it  may  hear  complaints,  yet 
the  commission  is  authorized  to  perform  the  duties  im- 
posed ujion  it  of  its  own  initiative,  and  to  require  all 
common  carriers  and  other  public  service  companies 
under  their  supervision  to  establish  and  maintain  such 
public  service  and  facilities  as  may  be  reasonable  and 
just,  either  by  general  rules  or  by  special  orders  in 
particular  cases,  and  to  require  such  publication  by  com- 
mon carriers  in  newspapers  of  towns  through  which  their 
lines  extend,  of  their  schedules  as  may  be  reasonable 
and  which  the  public  convenience  demands.  Said  com- 
mission is  hereby  given  authority  to  examine  into  the 
affairs  of  said  companies  and  corporations  and  to  keep 
informed  as  to  their  general  condition,  their  capitaliza- 
tion, their  franchises  and  the  manner  in  which  their 
lines,  owned,  leased  or  controlled,  are  managed,  con- 
ducted and  operated,   not  only   with   respect  to  the  ade- 


quacy, security  and  accommodation  afforded  by  their 
service  to  the  public  and  their  employes,  but  also  with 
reference  to  their  compliance  with  all  provisions  of 
law,  orders  of  the  commission  and  charter  requirements. 
Said  commission  shall  have  the  power  and  authority, 
whenever  it  deems  advisable,  to  prescribe,  establish 
and  order  a  uniform  system  of  accounts  to  be  used  by 
railroads  and  other  corporations  over  which  it  has  juris- 
diction hereunder,  the  same  to  be  as  far  as  practicable 
in  conformity  with  the  system  of  accounts  prescribed 
by  the  Interstate  Commerce  Commission;  to  examine 
all  books,  contracts,  records  and  documents  of  any  per- 
son or  corporation  subject  to  their  supervision,  and 
compel  the  production  thereof.  Said  commission  shall 
have  the  power  through  any  one  or  more  of  its  members, 
at  its  direction,  to  make  personal  visitation  to  the  offices 
and  places  of  business  of  said  companies  for  the  purpose 
of  examination,  and  such  commissioner  or  commissioners 
shall  have  full  power  and  authority  to  examine  the  agents 
and  employes  of  said  companies,  under  oath,  or  other- 
wise, in  order  to  procure  information  deemed  by  the 
commissioners  necessary  to  their  work,  or  of  value  to 
the  public;  provided,  that  nothing  in  this  Act  shall  be 
so  construed  as  to  repeal  or  abrogate  any  existing  law  or 
rule  of  the  railroad  commission  as  to  notice  or  hearings 
to  persons,  railroads  or  other  corporations  interested 
in  their  (the)  rates,  orders,  rules  or  regulations  issued 
by  said  commission,  before  the  same  are  issued,  nor  to 
repeal  the  law  of  this  State  as  to  notice  by  publication 
of   a   change   in  rates. 

Further  powers.  §  2664.  The  railroad  commission  shall 
have  authority  to  ascertain  the  cost  of  construction  and 
the  present  value  of  properties  in  Georgia  owned  by  said 
corporations,  or  companies,  and  to  that  end,  may  em- 
ploy necessary  experts.  Said  commission  shall  have  au- 
thority to  prescribe  rules  with  reference  to  spur  tracks 
and  sidetracks,  with  reference  to  their  use  and  construc- 
tion, removal  or  change,  with  full  power  to  compel  service 
to  be  furnished  to  manufacturing  plants,  warehouses  and 
similar  plants  of  business  along  the  line  of  railroads 
where  practicable,  and  in  the  judgment  of  the  commission 
the  business  is  sufficient  to  justify,  and  on  such  terms  and 
conditions  as  the  commission  may  prescribe.  It  shall  have 
power  and  authority  to  order  and  compel  the  operation 
of  sufficient  and  proper  passenger  service  when,  in  its 
judgment,  inefficient  or  Insufficient  service  is  being  ren- 
dered the  public  or  any  community.  It  shall  have  power 
and  authority,  when  in  its  judgment  practicable,  and  to 
the  interest  of  the  public,  to  order  and  compel  the  making 
and  operation  of  physical  connection  between  lines  of 
railroads  crossing  or  intersecting  each  other,  or  enter- 
ing the  same  incorporated  town  or  city  within  this  State. 
It  shall  have  authority  to  fix  penalties  tor  neglect  on  the 
part  of  railroad  companies  to  adjust  overcl;arges  and 
losses  or  failure  to  decline  to  do  so,  if  deemed  unjust, 
in  a  reasonable  time.  It  shall  have  power  and  authority 
to  prescribe  rules  and  penalties  covering  and  requiring 
the  prompt  receipt,  carriage  and  delivery  of  freight,  the 
prompt  furnishing  of  cars  to  shippers  desiring  to  ship 
freight,  and  shall  also  be  authorized  to  prescribe  rules 
and  penalties  for  the  transfer  of  cars  through  yards  by 
connecting  roads.  Said  commission  shall  have  power 
and  authority  to  order  the  erection  of  depots  and  sta- 
tions where  it  deems  the  same  necessary,  and  to  order 
the  appointment  and  service  thereat  of  depot  or  station 
agents.  The  commission  shall  have  the  power  and 
authority  to  regulate  schedules  and  compel  connections 
at   junction    points   of  competing   lines. 

Corporate  stocks  and  l)onds.  §  2665.  Each  of  the  com- 
panies or  corporations  over  which  the  authority  of  the 
railroad  commission  is  extended  by  law  shall  be  required 
to  furnish  said  commission  a  list  of  any  stocks  and 
bonds  the  issuance  of  which  is  contemplated,  and  it 
shall  be  unlawful  for  any  of  said  companies  or  corpora- 
tions to  issue  stocks,  Uonds,  notes  or  other  evidences 
of  debt  payable  more  than  12  months  after  the  date 
thereof,  except  upon  the  approval  of  said  railroad  com- 
mission, and  then  only  when  necessary  and  for  such 
amounts  as  may  be  reasonably  required  for  the  acquisi- 
tion of  property,  the  construction  and  equipment  of 
power  plants,  carsheds  and  the  completion,  extension  or 
improvement  of  its  facilities,  or  proi)erties,  or  for  the 
improvement   or    maintenance    of   its   service,   or   for   the 


Public  Service  Laavs 


401 


discharge  or  lawful  refunding  of  its  obligations,  or  for 
lawful  corporate  purposes  falling  within  the  spirit  of 
this  provision,  the  decision  of  the  commission  to  be 
final  as  to  the  validity  of  the  issue.  Before  issuing  such 
stock,  bonds,  notes  or  other  evidences  of  debt  as  above 
mentioned,  such  corporation  or  companies  shall  secure 
an  order  from  the  commission  authorizing  such  issue, 
the  amount  thereof,  and  the  purpose  and  use  for  which 
the  issue  is  authorized.  For  the  purpose  of  enabling  the 
commission  to  determine  whether  such  order  should  be 
issued,  it  shall  make  such  inquiry  or  investigation,  hold 
such  hearings  and  examine  such  witnesses,  books,  papers, 
documents  or  contracts  as  it  may  deem  advisable  or 
necessary.  Such  corporations  or  companies  may  issue 
notes  or  other  evidences  of  indebtedness  for  proper  cor- 
porate purposes  and  not  in  violation  of  any  provision  of 
any  law,  payable  at  periods  of  not  more  than  12  months 
from  date,  without  such  consent,  but  no  such  notes  or 
other  evidences  of  indebtedness  shall,  in  whole  or  in 
part,  directly  or  indirectly,  be  refunded  by  any  issue  of 
stocks  or  bonds  or  by  any  evidence  of  indebtedness,  run- 
ning for  more  than  12  months,  without  the  consent  of  the 
commission.  Any  railroad  commissioner  of  this  State 
or  any  employe  of  said  railroad  commission  who  shall 
disclose  or  impart  to  any  one,  except  when  legally  called 
upon  by  a  court  of  competent  jurisdiction,  any  fact, 
knowledge  of  which  was  obtained  in  his  official  capacity, 
from  or  through  any  proceedings  filed  with  the  said 
railroad  commission  under  this  section,  shall  be  guilty 
of  a  misdemeanor;  provided,  that  this  sball  not  apply 
to  such  facts  or  information  obtained  through  public 
hearings,  or  such  as  are  not  confidential  in  their  nature. 

Liability  for  unlawful  acts.  §  2666.  In  case  a  common 
carrier,  or  other  corporation  or  company  mentioned  in 
this  section,  shall  do,  cause  to  be  done,  or  permit  to  be 
done,  any  act,  matter  or  thing  prohibited,  forbidden,  or  de- 
clared to  be  unlawful,  or  shall  omit  to  do  any  act,  mat- 
ter or  thing  required  to  be  done,  either  by  any  law 
of  the  State  of  Georgia,  by  this  section,  or  by  any  order 
of  the  commission,  such  common  carrier  or  other  corpo- 
ration or  company  shall  be  liable  to  the  persons  or 
corporations  affected  thereby  for  all  loss,  damage  or 
injury  caused  thereby  or  resulting  therefrom,  and  in 
case  of  recovery,  if  the  jury  shall  find  that  such  act 
or  omission  was  wilful,  it  may  fix  a  reasonable  counsel's 
or  attorney's  fee,  which  fee  shall  be  taxed  and  collected 
as  part  of  the  cost  in  the  case.  An  action  to  recover 
for  such  loss,  damage  or  injury  may  be  brought  in  any 
court  of  competent  jurisdiction  by  any  such  person  or 
corporation. 

Penalties;  proceedings  to  recover.  ^  2667.  Every  com- 
mon carrier,  railroad,  street  railroad,  railroad  corporation, 
street  railroad  corporation,  express,  telephone,  telegraph, 
dock,  wharfage  and  terminal  company  or  corporation 
within  the  State,  and  other  corporations,  companies  or 
persons  coming  under  the  provisions  of  this  section, 
and  all  officers,  agents  and  employes  of  the  same,  shall 
obey,  observe  and  comply  with  every  order  made  by 
the  commission  under  authority  of  law.  Any  common 
carrier,  railroad,  street  railroad,  railroad  corporation, 
street  railroad  corporation,  express,  telephone,  telegraph, 
dock,  wharfage  or  terminal  company,  or  corporation, 
cotton  compress  companies,  within  this  State,  and  other 
corporations,  companies  or  persons  coming  under  the  pro- 
visions of  this  section,  which  shall  violate  any  provisions 
of  this  section,  or  the  Acts  heretofore  passfed,  or  which 
fails,  omits  or  neglects  to  obey,  observe  and  comply 
with  any  order,  direction  or  requirements  of  the  com- 
mission heretofore  or  hereafter  passed,  shall  forfeit 
to  the  State  of  Georgia  a  sum  of  not  more  than  $5,000 
for  each  and  every  offense,  the  amount  to  be  fixed  by 
the  presiding  judge.  Every  violation  of  the  provisions 
of  this  section,  or  of  any  preceding  Act,  or  of  any  such 
order,  direction  or  requirement  of  the  railroad  commis- 
sion shall  be  a  separate  and  distinct  oitense,  and  in  case 
of  a  continued  violation,  every  day  a  violation  thereof 
takes  place  shall  be  deemed  a  separate  and  distinct 
offense.  An  action  for  the  recovery  of  such  penalty  may 
be  brought  in  the  county  of  the  principal  office  of  such 
corjwration  or  company  in  this  State,  or  in  the  county 
of  the  State  where  such  violation  has  occurred,  and 
wrong  shall  be  perpetrated,  or  in  any  county  in  this 
State   through    which    said   corporation   or   company  oper- 


ates, or  where  the  violation  consists  of  an  excessive 
charge  for  the  carriage  of  freight  or  passengers  or 
service  rendered,  in  any  county  in  which  said  charges 
are  made,  or  through  which  it  was  intended  that  such 
passenger  or  freight  should  have  been  carried,  or 
through  which  such  corporation  operates,  and  shall 
be  brought  in  the  name  of  the  State  of  Georgia  by 
direction  of  the  governor.  Any  procedure  to  enforce 
such  penalty  shall  be  triable  at  the  first  term  of  the 
court  at  which  it  is  brought,  and  shall  be  given  prece- 
dence over  other  business  by  the  presiding  judge,  and 
the  court  shall  not  be  adjourned  until  such  proceeding 
is  legally  continued  or  disposed  of.  The  decision  in 
such  case  may  be  taken  to  the  Supreme  Court  as  now 
provided  in  cases  of  the  grant  or  refusal  of  injunctions 
by  judges  of  the  Superior  Courts. 

Punishment  for  aiding  or  abetting  in  violations  of  rules. 
§  2668.  Every  oflScer,  agent  or  employe  of  any  such  com- 
mon carrier,  corporation  or  company  who  shall  violate, 
or  who  procures,  aids  or  abets  any  violation  by  any  such 
common  carrier  or  corporation  or  company  of  any  pro- 
vision of  this  section,  or  which  shall  fail  to  obey,  observe 
or  comply  with  any  order  of  the  commission,  or  any  pro- 
vision of  any  order  of  the  commission,  or  who  procures, 
aids  or  abets  any  such  common  carrier  or  corporation 
or  company  in  its  failure  to  obey,  observe  and  comply 
with  any  such  order,  direction  or  provision  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  subject  to  prosecu- 
tion in  any  county  in  Georgia  in  which  said  common 
carrier  or  corporation  or  company,  or  officer,  agent  or 
employe  violates  the  provisions  of  this  section,  or  any 
provisions  of  any  order  of  the  commission,  or  in  any 
county  through  which  said  corporation  operates.  Any 
officer,  agent  or  employe  shall  also  be  subject  to  indict- 
ment under  the  provisions  of  this  section,  in  any  county  in 
which  a  subordinate  agent  or  employe  of  the  company 
violates  the  provisions  of  this  section,  by  the  approval  or 
direction,  or  in  consequence  of  the  approval  or  direction 
of  such  officer,  agent  or  employe;  and  the  agent,  or 
employe,  who  locally  in  any  county  violates  the  rules 
or  directions  of  said  commission  in  pursuance  of  the 
direction  or  authority  of  his  superior  officer  or  agent 
of  said  company  may  be  called  as  a  witness,  and  be 
compelled  to  testify,  showing  the  authority  by  which 
he  acted,  and  such  testimony  shall  not  be  used  against 
such  subordinate  employe  or  agent,  nor  shall  he  there- 
after be   subject  to  indictment  for  said  offense. 

Penalties  applicable  to  all  orders  of  the  commission. 
§  2669.  The  penalties  prescribed  by  this  section  and  the 
procedure  to  enforce  the  same  are  made  applicable  to 
any  and  all  violations  of  the  rules,  orders  and  regulations 
established   by  the   commission. 

[Note. — Section  2  of  article  6  of  chapter  2  of  the 
Georgia  Code  includes  paragraphs  2615-2670,  both  inclu- 
sive.] 

TAX  AGAINST  RAILROAD,  EXPRESS,  SLEEPING  CAR, 
AND  TELEGRAPH  COMPANIES. 

Railroad  commissioner  to  act  as  arbitrator.  §  1.  That 
from  and  after  the  passage  of  this  Act,  that  in  all  cases 
of  disagreement  between  the  comptroller-general  and 
any  railroad  or  express  company,  sleeping-car  compa- 
nies and  telegraph  companies  owning  property  in  this 
State,  as  to  the  taxable  value  of  their  said  property,  and 
where  said  differences  are  referred  to  arbitrators,  the 
comptroller-general  shall  appoint  any  one  of  the  railroad 
commissioners  to  act  as  arbitrator  for  the  State,  in  each 
case;  and  it  shall  be  the  duty  of  said  railroad  commis- 
sioner, when  thus  appointed,  to  perform  the  duty  of 
arbiration  without  any  additional  compensation  to  his 
regular   salary. 

Be  it  further  enacted: 

Repeal.     §  2.     That  all  laws  and  parts  of  laws  in  con- 
flict with  this  Act  are  hereby  repealed. 
Approved  December  12,  1894. 

OPERATION  OF  RAILROADS. 

FROM  THE  GKORGIA  CODE 1911. 

Railroads  may  cross  each  other.  2671.  Any  railroad 
company  chartered  by  the  legislature  of  this  State,  and  also 
any  person  or  persons  or  company  owning  or  operating  a 
public  or  private  railroad  in  this  State,  when  necessary  to 


402 


National  Association  of  Railway  Commissioners 


reach  minerals,  timber  or  other  materials,  shall  have  the 
right  to  cross  any  other  railroad  heretofore  or  hereafter 
built,  or  to  be  built.  In  this  State,  upon  the  following 
terms:  they  shall  be  allowed  to  cross  at  grade  points, 
or  at  any  other  point  where  the  same  shall  not  obstruct 
the  other  road,  and  may  be  allowed  to  cross  by  a  tun- 
nel or  bridge,  if  necessary,  said  tunnel  or  bridge  being 
absolutely    secure. 

Railroads  availing  of  the  privilege  subject  to  restric- 
tions. 2672.  Any  public  or  private  railroads  availing  them- 
selves of  the  privileges  of  the  preceding  section  shall 
be  subject  to  the  same  restrictions,  liabilities,  and  pen- 
alties, and  governed  by  the  same  rules,  as  to  crossings, 
as  now  provided  by  law  for  chartered  railroads;  pro- 
vided, that  where  any  tram  or  unchartered  road  crosses 
a  chartered  road  it  may  be  required  of  said  tram  or 
unchartered  road  to  put  in  the  necessary  and  proper 
safety  switches  and  signal  service  on  both  sides  of  said 
chartered    road. 

Railroad  crossings.  2673.  AH  railroad  companies  shall 
keep  in  good  order,  at  their  expense,  the  public  roads 
or  private  ways  established  pursuant  to  law,  where 
crossed  by  their  several  roads,  and  build  suitable 
bridges  and  make  proper  excavations  or  embankments, 
according  to  the  spirit  of  the  road   laws. 

Extent  oj  such  crossings.  2674.  Such  crossings  include 
the  width  of  land  on  both  sides  of  the  road  allowed  by 
charter  or  appropriated  by  the  company  therefor,  and 
for  as  many  feet  beyond,  each  way,  as  is  necessary  for 
a  traveler  to  get  on  and  off  the  crossing  safely  and  con- 
veniently. 

Public  highways,  etc.  2686.  Public  highways,  bridges, 
or  ferries  cannot  be  appropriated  to  railroads,  plank 
roads,  or  any  other  species  of  road,  unless  express 
authority  is  granted  by  some  constitutional  provision  of 
their   charter. 

Trains  must  stop  at  railroad  crossings.  2687.  When- 
ever the  tracks  of  separate  and  independent  railroads 
cross  each  other  in  this  State,  all  engine-drivers  and 
conductors  must  cause  the  trains  which  they  respect- 
ively drive  and  conduct  to  come  to  a  full  stop  within 
fifty  feet  of  the  place  of  crossing,  and  then  to  move 
forward  slowly.  The  trains  of  the  road  first  constructed 
and  put  in  operation  shall  have  the  privilege  of  crossing 
first;  provided,  that  whenever  either  or  any  of  the 
railroads  whose  tracks  shall  cross  in  the  manner 
herein  contemplated  shall  place  at  such  crossing  or 
crossings  modern  automatic  interlocking  and  derail- 
ing switches,  and  shall  establish  and  maintain  at 
such  crossings  signal  towers  in  which  an  operator  shall 
continually  be  present,  it  shall  not  be  necessary  for 
trains  to  stop  at  such  crossings;  and  the  provisions 
of  this  section  shall  not  apply  to  trains  crossing  other 
tracks  guarded  in  the  manner  herein  provided;  but  all 
trains  approaching"  crossings  so  guarded  shall  be  under 
such  control  that  they  may  be  stopped  on  signal. 

Railroads  to  post  bulletins  of  delayed  trains.  2688.  When- 
ever any  passenger  train,  on  any  railroad  in  this  State,  shall 
be  more  than  one-half  of  an  hour  behind  its  schedule 
time  when  it  passes  a  depot  at  which  there  is  a  tele- 
graph operator,  during  the  hours  that  such  operator  is 
required  to  be  on  duty,  it  shall  be  the  duty  of  such 
railroad  company  to  keep  posted  at  every  succeeding 
telegraph  station  along  its  line  the  time  such  train  is 
behind  its  schedule;  provided,  that  such  bulletin  shall 
not  be  required  to  be  posted  at  any  station  until  one- 
half  hour  before  the  regular  schedule  time  at  which  such 
train  Is  to  arrive  at  the  station  at  which  such  bulletin 
is  required  to  be  kept. 

Penalty.  2689.  For  every  wilful  violation  of  the  re- 
quirements of  the  preceding  section,  said  railroad  com- 
pany shall  be  liable  to  pay  to  the  State  of  Georgia 
$20,  which  may  be  collected  by  suit  in  any  court  having 
competent    jurisdiction. 

Qualifications  of  railroad  telegraph  operators.  2690. 
No  railroad  company  shall  employ  in  this  State  any 
telegraph  operator  to  receive  and  transmit  dispatches 
governing  the  movement  of  trains,  who  is  less  than 
eighteen  years  o(  age,  and  who  has  not  had  at  least  one 
year's  experience  as  a  telegraph  operator,  and  who  has 
not  stood  a  thorough  examination  before  the  railroad 
superintendent    or    trainmaster,    and    received    a    certifi- 


cate of  his  competency  from  such  officer.  A  written 
record  of  said  certificate  shall  be  kept  in  the  office 
of  the  officer  issuing  it,  and  be  subject  to  inspection  at 
any    time.  " 

Penalty.  2691.  Any  railroad  company  violating  the 
requirements  of  the  preceding  section  shall  forfeit  for 
each  offense  not  less  than  $50,  and  not  more  than  $500. 
All  forfeitures  collected  shall  be  paid  into  the  State 
treasury   to   the   credit   of   the   public-school   fund. 

Suits  for  collection  of  penalties.  2692.  Suits  for  the 
collection  of  forfeitures  shall  be  brought  in  the  county 
where  such  violations  occur,  and  shall  be  prosecuted 
by    the    solicitor-general. 

Limiting  hours  of  service  for  trainmen.  2693.  No  rail- 
road doing  business  in  this  State  shall  require  or  permit 
its  employes,  who  are  engaged  in  the  business  of 
operating  its  trains  over  its  roads,  to  make  runs  of 
over  13  hours,  or  make  runs  aggregating  more  than 
13  hours  in  any  24  hours,  except  when  such  train  iii 
detained  by  reason  of  casualty,  or  other  cause,  from 
reaching  its  destination  on  schedule  time,  and  no  train- 
man, after  having  been  on  a  run  or  runs  for  as  much 
as  13  hours  out  of  the  24  hours,  shall  be  required  to 
again  go  on  duty  until  after  10  hours'  rest,  except  in 
the  case  above  stated.  No- employe  of  any  railroad  com- 
pany shall  be  deprived  of  his  right  to  recover  damage:; 
for  personal  injury  by  reason  of  the  fact  that  he,  at  thi; 
time  of  such  injury,  was  making  a  run  of  more  thai 
13  hours,  or  making  a  run  aggregating  more  than  11; 
hours  in  24  hours,  or  had  gone  on  duty  after  a  13  hours 
run,  or  runs  aggregating  13  hours,  before  10  hours'  rest. 

Penalty.  2694.  Any  railroad  violating  any  of  the  pro 
visions  of  the  preceding  section  shall  be  subject  to  i 
forfeiture  of  not  less  than  $50  nor  more  than  $500 
all  forfeitures  collected  shall  be  paid  into  the  Stati 
treasury   to   the  credit  of   the   school   fund. 


TEEMS  PEFINEU). 


ij 


am 


Carrier.  2711.  Any  person  undertaking  to  transpor 
goods  to  another  place,  for  a  compensation,  is  a  carrier 
and  as  such  is  bound  to  ordinary  diligence. 

Common  carrier.  2712.  One  who  pursues  the  busines 
constantly  or  continuously  for  any  period  of  time,  o 
any  distance  of  transportation,  is  a  common  carrier,  anc 
as  such  is  bound  to  use  extraordinary  diligence.  Ii 
cases  of  loss  the  presumption  of  law  is  against  him,  ant 
no  excuse  avails  him  unless  it  was  occasioned  by 
act  of  God  or  the  public  enemies  of  the   State. 

Bailee  must  shoiv  no  concurring  negligence.     2713. 
order   for   a  carrier    or   other   bailee   to    avail   himself   o " 
the    act  of   God    cr   exception    under   the   contract   as    ai 
excuse,   he   must  establish   not  only  that  the  act   of   Goci 
or  excepted  fact  ultimately  occasioned  the  loss,  but  tha 
his  own  negligence  did  not  contribute  thereto. 

Carrier  of  passengers.  2714.  A  carrier  of  passenger; 
is  bound  also  to  extraordinary  diligence  on  behalf  of 
himself  and  his  agents  to  protect  the  lives  and  person) 
of  his  passengers.  But  he  is  not  liable  for  injurie  ' 
the   person,  after  having  used   such   diligence. 

Who  a  passenger.  2715.  A  carrier  may  demand  pr<  - 
payment  of  fare;  but  if,  by  its  permission,  persons  enter 
its  vehicle  with  the  intention  of  being  carried,  an  obi  - 
gaticn  to  pay  fare  is  implied  on  the  part  of  the  passei  - 
ger,   and   the   reciprocal   liability   of   the   carrier   arises. 

Railroads  must  accommodate  all  alike,  when.  271('. 
The  different  railroads  in  this  State,  acting  as  public 
carriers,  are  required  to  furnish  equal  accommodations  to 
all,  without  regard  to  race,  color  or  previous  condition. 
Any  railroad  in  this  State  violating  the  conditions  of  this 
section,  by  any  of  its  employes,  may  be  sued  in  the 
Superior  Court  of  the  county  where  the  offense  is  com- 
mitted, and  any  person  so  wronged  may  recover  such 
sum  as  the  discretion  of  the  court  thinks  right  and 
proper  in  the   premises,  not  to  exceed  $10,000. 

Equal  accommodations  in  separate  cars.  2717.  All  rail- 
roads doing  business  in  this  State  shall  furnish  equal 
accommodations,  in  separate  cars,  or  compartments  of 
cars,  for  white  and  colored  passengers;  but  this  section 
shall  not  apply  to  sleeping  cars. 

Must  assign  passengers  to  their  cars.  2718.  All  conduc- 
tors or  other  employes  in  charge  of  such  cars  shall  be 


Public  Seuvice  Laws 


403 


required  to  assign  all  passengers  to  their  respective 
cars,  or  compartments  of  cars,  provided  by  the  said 
companies  under  the  provisions  of  the  preceding  section; 
and  all  conductors  of  dummy,  electric  and  street  cars  shall 
be  required,  and  are  hereby  empowered,  to  assign  all 
passengers  to  seats  on  the  cars  under  their  charge,  so 
as  to  separate  the  white  and  colored  races  as  much  as 
practicable;  and  all  conductors  and  other  employes  of 
railroads  and  all  conductors  of  dummy,  electric  and 
street  cars  shall  have,  and  are  hereby  invested  with, 
police  powers   to   carry  out  said   provisions. 

Penalty  for  remaining  in  car.  2719.  Any  passenger  re- 
maining in  any  car,  or  compartment,  cr  seat,  other  than 
that  to  which  he  may  have  been  assigned,  shall  be  guilty 
of  a  misdemeanor.  The  conductor  and  any  and  all  em- 
ployes on  such  cars  are  clothed  with  power  to  eject  from 
the  train  or  car  any  passenger  who  refuses  to  remain  in 
such  car  or  compartment  or  seat  as  may  be  assigned  to 
him. 

Where  car  divided  into  compartments.  2720.  When  a 
railroad  car  is  divided  into  compartments,  the  space  set 
apart  or  provided  for  white  and  colored  passengers,  re- 
spectively, may  be  proportioned  according  to  the  pro- 
portion cf  usual  and  ordinary  travel  by  each  on  the 
road  or  line  on  which  said  cars  are  used. 
•  White  and  colored  passengers  to  occupy  different  cars. 
2721.  Officers  or  employes  having  charge  of  such  railroad 
cars  shall  not  allow  white  and  colored  passengers  to 
occupy  the  same  car  or  compartment;  and  for  a  viola- 
tion of  this  section  any  such  officer  cr  employe  shall  be 
guilty   of    a    misdemeanor. 

Not  applicable  to  nurses.  2722.  But  these  provisions 
shall  not  apply  to  nurses  or  servants  in  attendance  on 
their   employers. 

Seats,  lights,  etc.  2723.  All  companies  operating  and 
using  compartment  cars  or  separate  cars  shall  furnish  to 
the  passen.e;ers  comfortable  seats,  and  have  such  cars 
well  and  sufficiently  lighted  and  ventilated,  and  a  failure 
to  do  so  shall  be  a  misdemeanor. 

White  and  colored  passengers  on  sleeping-cars  separated. 
2724.  Sleeping-car  companies  and  railroad  companies  op- 
erating sleeping  cars  in  this  State  shall  have  the  right 
to  assign  all  passengers  to  seats  and  berths  under  their 
charge,  and  shall  separate  the  white  and  colored  races 
in  making  said  assignments,  and  the  conductor  and  other 
employes  on  the  train  of  cars  to  which  said  sleeping 
car  or  cars  may  be  attached  shall  not  permit  white  and 
coloied  passengers  to  occupy  the  same  compartment. 
Any  passenger  remaining  in  any  compartment  other  than 
to  which  he  may  be  assigned  shall  be  guilty  of  a  mis- 
demeanor; provided,  that  nothing  in  this  section  shall 
be  construed  to  compel  sleeping-car  companies  or  rail- 
roads operating  sleeping  cars  to  carry  persons  of  color 
in  sleeping  or  parlor  cars;  provided,  that  this  section 
shall  not  apply  to  colored  nurses  or  servants  traveling 
with  their  employers. 

Police  powers  of  conductors  and  employes.  2725.  A 
conductor  or  other  employe  of  a  sleeping  car,  as  well 
as  a  conductor  or  other  employe  of  the  train  to  which  a 
sleeping  car  may  be  attached,  shall  have  full  police 
power  to  enforce  the  preceding  section,  and  a  conductor 
or  other  employe  of  a  sleeping  car,  or  of  a  train  carrying 
sleeping  cars,  who  fails  or  refuses  to  assist  In  ejecting 
a  passenger  violating  the  provisions  of  said  section,  shall 
be  guilty  of  a  misdemeanor. 

Effect  of  notice  to  limit.  2726.  A  common  carrier  can- 
not limit  his  legal  liability  by  any  notice  given,  either  by 
publication  or  by  entry  on  receipts  given  or  tickets  sold. 
He  may  make  an  express  contract,  and  will  then  be 
governed    thereby. 

Station  accommodations  for  passengers.  2727.  All  rail- 
road companies  operating  passenger  trains,  and  taking 
on  and  putting  off  passengers,  or  that  operate  passenger 
trains  at  or  through  county  seats  and  towns  and  cities 
having  a  population  of  more  than  1,000,  in  this  State, 
are  required  to  keep  open  at  least  one  hour  before  the 
arrival  of  and  half  an  hour  after  the  departure,  accord- 
ing to  the  scheduled  time  for  the  arrival  of  and  the 
departure  of  said  trains,  a  lighted  and  comfortable  room, 
between  the  hours  of  6  o'clock  p.  m.  and  6  o'clock  a.  m., 
for   the   comfort   and    convenience   of   their   passengers. 


Injuries  hy  common  carriers,  outside  of  corporate  au- 
thority. 2728.  In  all  cases  where  the  person  or  property 
of  an  individual  may  be  injured  or  property  destroyed 
by  any  corporation  engaged  as  a  common  carrier  in  the 
transportation  of  freight  or  passengers,  or  both,  either 
by  land  or  water,  such  corporation  shall  be  liable  to  pay 
damages  to  any  one  whose  person  or  property  may  be 
so  injured  or  destroyed,  notwithstanding  the  fact  that 
such  corporation  was  acting  without  the  scope  of  its 
charter,  if  such  corporation  would  be  liable  for  such 
damages  if  acting  within  its  chartered  powers  and  au- 
thority. 

Duty  as  to  reception  of  goods,  etc.  2729.  A  common 
carrier,  holding  himself  cut  to  the  public  as  such.  Is 
bound  to  receive  all  goods  and  passengers  offered  that 
he  is  able  and  accustomed  to  carry,  upon  compliance 
with  such  reasonable  regulations  as  he  may  adopt  for 
his  own   safety  and  the  benefit  of  the  public. 

Traffic  in  non-transferalle  tickets.  2733.  It  shall  be 
unlawful  for  any  person,  other  than  the  authorized 
agent  of  the  common  carrier  issuing  the  same,  to  sell 
or  otherwise  deal  in,  or  offer  to  sell,  any  railroad,  rail- 
way, steamship  or  steamboat  passenger  ticket  which 
shows  that  it  was  issued  and  sold  below  the  standard 
schedule  rate  under  contract  with  the  original  purchaser, 
entered  upon  such  ticket  and  signed  by  such  original 
purchaser,  to  the  effect  that  such  ticket  is  non-trans- 
ferable and  void  in  the  hands  of  any  person  other  than 
the  original  purchaser  thereof;  provided,  however,  that 
nothing  in  this  section  shall  be  construed  as  depriving 
the  original  purchaser  of  a  transferable  ticket  of  the 
right  to  sell  same  to  a  person  who  will  in  good  faith 
personally  use  it  in  the  prosecution  of  a  journey. 

Unused  portion  to  be  redeemed.  2734.  It  shall  be  the 
duty  of  every  common  carrier  that  shall  have  sold  any 
ticket  or  other  evidence  of  the  purchaser's  right  to 
travel  on  its  line,  or  on  any  line  of  which  it  forms  a 
part,  if  the  whole  cf  such  ticket  be  unused,  to  redeem 
the  same,  paying  the  original  purchaser  thereof  the 
actual  amount  for  which  said  ticket  was  sold;  or,  if  any 
part  of  such  ticket  be  unused,  to  redeem  such  unused 
part,  paying  the  original  purchaser  thereof  at  a  rate 
which  shall  be  equal  to  the  difference  between  the  price 
paid  for  the  whole  ticket  and  the  price  of  a  ticket 
between  the  points  for  which  said  ticket  was  actually 
used;  provided,  such  purchaser  shall  present  such  unused 
or  partly  used  ticket  for  redemption,  within  six  months 
after  the  date  of  Its  issuance,  to  the  officer  or  agent 
who  shall  be  authorized  or  designated  by  such  common 
carrier  to  redeem  unused  or  partly  used  tickets;  and 
the  said  officer  shall,  within  15  days  after  the  receipt  of 
such  ticket,  redeem  the  same  as  hereinbefore  provided 
for.  Such  redemption  shall  be  made  without  cost  of 
exchange  or  other  expense  to  the  purchaser  of  the 
ticket. 

Common  carriers  may  grant  passes  to  former  employes. 
2735.  Common  carriers  In  this  State  may  grant  passes 
upon  their  transportation  lines  to  any  former  employe 
of  the  company  and  his  immediate  family,  who,  from 
length  of  service  or  having  been  injured  in  the  service 
cf  the  same,  has  been  retired  from  the  service,  but  is 
kept  upon  the  payroll  of  the  company  under  a  system  of 
pensioning  or  similar  system,  such  passages  to  be  good 
only  for  intrastate  passage.        •  ^__^^ 

For  delay.  2736.  The  common  carrier  Is  pound  not 
only  for  the  safe  transportation  and  delivery  of  goods, 
but  also  that  the  same  be  done  without  unreasonable 
delay.  

Strikes  as  excuses  to  carrier.  2737.  Where  a  carrier 
receives  freight  for  shipment,  it  is  bound  to  forward, 
within  a  reasonable  time,  although  Its  employes  strike 
or  cease  to  work;  but,  if  the  strike  is  accompanied  with 
violence  and  intimidation  so  as  to  render  it  unsafe  to 
forward  the  freight,  the  carrier  is  relieved  as  to  lia- 
bility for  delay  in  delivering  the  freight,  if  the  violence 
and  armed  resistance  is  of  such  character  as  could  not 
be  overcome  by  the  carrier  or  controlled  by  the  civil 
authorities  when   called  upon  by  it. 

Stoppage  in  transitu.  2738.  A  stoppage  in  transitu  by 
the  vendor  or  consignor  relieves  the  carrier  from  his 
obligation  to  deliver,  nor  is  he  thenceforward  responsible 
for  more  than  ordinary  diligence  in  the  care  of  the  goods. 


404 


National  Association  of  Railway  Commissioners 


Limit  as  to  value  of  baggage.  2742.  A  carrier  of  pas- 
sengers may  limit  the  value  of  the  baggage  to  be  taken 
for  the  fare  paid;  in  case  of  loss,  however,  and  though 
no  extra  freight  has  been  demanded  or  paid,  the  carrier 
Is  responsible  for  the  value  of  the  baggage  lost;  pro- 
vided, the  same  be  only  such  articles  as  a  traveler  for 
business  or  pleasure  would  carry  for  his  or  her  own  use. 

On  baggage.  2743.  The  carrier  of  passengers  has  a  lien 
on  the  baggage,  not  only  for  its  freight,  but  for  the 
passenger's  fare. 

Fraud  on  carrier.  2744.  The  carrier  may  require  the 
nature  and  value  of  the  goods  delivered  to  him  to  be 
made  known,  and  any  fraudulent  acts,  sayings,  or  con- 
cealment by  his  customers  will  release  him  from  liability. 

What  passengers  may  be  refused.  2750.  Carriers  of 
passengers  may  refuse  to  admit,  or  may  eject  from  their 
conveyances,  all  persons  refusing  to  comply  with  rea- 
sonable regulations,  or  guilty  of  improper  conduct,  or 
of  bad,  dissolute,  doubtful,  or  suspicious  characters;  so 
they,  may  refuse  to  convey  persons  seeking  to  interfere 
with   their  own  business   or  interest. 

Liability  of  railroad  companies  to  employes.  2751.  Rail- 
road companies  are  common  carriers,  and  liable  as  such. 
As  such  companies  necessarily  have  many  employes  who 
cannot  possibly  control  those  who  should  exercise  care 
and  diligence  in  the  running  of  trains,  such  companies 
shall  be  liable  to  such  employes  as  to  passengers  for 
injuries  arising  from  the  want  of  such  care  and  diligence. 

CONNECTING    ROADS RECEIPT    AND    DELIVERY    OF    FREIGHT,    ETC. 

When  there  are  several.  2752.  When  there  are  several 
connecting  railroads  under  different  companies,  and  the 
goods  are  intended  to  be  transported  over  more  than 
one  railroad,  each  company  shall  be  responsible  only 
to  its  own  terminus  and  until  delivery  to  the  connecting 
road,  the  last  company  which  has  received  the  goods  as 
"in  good  order"  shall  be  responsible  to  the  consignee 
for  any  damage,  open  or  concealed,  done  to  the  goods, 
and  such  companies  shall  settle  among  themselves  the 
question  of  ultimate  liability. 

Railroads  must  sell  tickets  of  connecting  roads.  2753. 
No  railroad  company  having  an  office  or  agency  within 
the  State  of  Georgia  shall  refuse  to  put  on  sale,  or 
refuse  to  sell,  any  ticket  of  any  other  railroad  company, 
with  which  the  same  may  be  directly  or  indirectly  con- 
nected, at  the  price  or  rate  fixed  by  the  railroad  com- 
mission of  this  State,  ftor  passage  over  lines  of  such 
connecting  roads,  less  such  amount  as  may  be  directed 
to  deduct  from  such  rate  by  any  one  or  more  of  said 
connecting  lines;  and  it  shall  be  unlawful,  after  the  sale 
of  such  ticket,  to  refuse  to  issue  checks  for  baggage 
over  such  connecting  lines,  to  the  extent  that  the  bag- 
gage may  be  allowed  to  be  checked  under  the  ordinary 
rules  and  regulations  of  said  companies. 

Must  sell  to  connecting  roads.  2754.  No  railroad  com- 
pany operating  or  doing  business  wholly  or  partly  within 
this  State  shall  refuse  to  put  on  sale  with  the  agents 
of  any  other  railroad  company,  wherewith  it  may  be 
directly  or  indirectly  connected,  tickets  for  any  point 
upon  its  lines  of  road,  or  refuse  to  receive  such  tickets 
for  passage  over  its  lines,  or  refuse  to  receive  and 
transport  baggage  which  may  be  checked  upon  said 
tickets  so  sold.  Any  company,  so  placing  its  tickets  upon 
sale,  may  demand  reasonable  security,  to  secure  the 
price  of  such  tickets  so  placed  on  sale,  and  may  demand 
from  time  to  time  such  renewals  of  deposits,  or  other 
security,  as  will  protect  it  from  any  loss  from  the  sale 
of   such   tickets. 

Penalty.  2755.  For  every  violation  of  any  of  the  pro- 
visions of  the  two  preceding  sections,  the  railroad  com- 
pany shall  be  subject  to  a  penalty  of  $1,000,  which  may 
be  recovered  in  any  superior  or  city  court  of  the  county 
in  which  such  violation  may  occur.  Suit  may  be  brought 
by  the  railroad  company  whose  road  may  be  discrimi- 
nated against,  or  by  the  person  offering  to  buy  a  ticket 
over  such  read;  and  such  penalty  may  be  recovered  by 
each  of  said  parties,  and  the  recovery  by  one  shall  not 
be  a  bar  to  recovery  by  the  other. 

Connecting  railroads  to  receive  freights  tendered  in  cars. 
2756.  All  railroad  companies  in  this  State,  at  the  terminus 
or   any   Intermediate   point,   shall   receive   from   the   con- 


necting road  having  the  same  gauge  all  cars  containing 
freight  consigned  to  any  point  on  the  read  to  which  the 
same  is  offered,  and  shall  transport  the  cars  to  their 
destination  with  reasonable  diligence;  and  any  failure  or 
refusal  to  comply  with  this  requirement  shall  give  to 
the  consignee,  shipper,  or  owner  of  said  goods  and  freight 
a  right  of  action  against  the  company  so  refusing,  and 
the  damages  received  in  such  action  shall  not  be  less 
than  10  per  cent  nor  more  than  25  per  cent  of  the 
value  of  the  goods  so  refused  to  be  received. 

To  prevent  unjust  discrimination.  2761.  If  any  person, 
or  any  officer  or  agent  of  any  company  or  corporation, 
by  payment  of  money  or  other  thing  of  value,  solicita- 
tion, or  otherwise,  induce  any  common  carrier  of  freight 
within  this  Sate,  or  any  of  its  officers  or  agents,  to 
discriminate  unjustly  in  his,  its,  or  their  favor,  as  against 
any  ether  consignor  or  consignee  in  the  transportation 
of  property  from  and  to  points  in  this  State,  or  shall 
aid  or  abet  any  common  carrier  in  any  such  unjust 
discrimination,  such  person  or  such  officer  or  agent  of 
such  corporation  cr  company  shall  be  deemed  guilty  of 
a  misdemeanor;  and  such  person,  corporation,  or  cori- 
pany  shall  also,  together  with  said  common  carrier,  te 
liable  jointly  or  severally  in  an  action  on  the  case  to 
be  brought  by  any  consignor  or  consignee  discriminated 
against,  in  any  court  of  competent  jurisdiction,  for  all 
damages  caused  by  or  resulting  therefrom. 

Facilities  for  weighing  freight  furnished  by  transporta- 
tion company.  2762.  Every  railroad  or  transportatioa 
company  in  this  State  shall  furnish  suitable  and  ad^^ 
quate  facilities  for  correctly  weighing  all  freight  ofterel 
for  shipment  in  carload  lots  in  this  State  at  points 
where  the  volume  of  business  offered  is  sufficient  t) 
warrant  the  expense;  and  If  any  officer  or  agent  of  i 
railroad  or  transportation  company,  or  person  acting  to' 
or  employed  by  such  railroad  or  transportation  companj , 
shall,  by  reason  of  overweights  or  false  billing,  caus ; 
such  railroad  or  transportation  company  to  charge  oi 
any  shipment  for  more  than  the  actual  weight  of  sucli 
shipment,  the  said  railroad  or  transportation  com  pan: - 
shall  be  liable  to  the  owner  of  such  shipment  in  damage; 
for  an  amount  equal  to  twice  the  charges  on  the  excess 
weight  so  charged. 

Sworn  weighers  to  weigh  freight.  2763.  Whenever  an 
railroad  company  in  this  State  shall  weigh  any  car 
loaded  with  freight  to  be  shipped  and  charged  for  b; 
the  carload,  such  weighing  shall  be  done  by  a  swori 
weigher,  as  provided  for  the  weighing  of  cotton,  rio 
and  other  produce. 

To  receive  live  stock.  2767.  All  common  carriers  o 
this  State  shall  receive  for  transportation  all  live  stocl 
of  every  description  and  domestic  animals,  when  ten 
dered  for  shipment  by  the  consignor,  without  enforcinj 
or  requiring  said  consignor  to  contract  for  a  liabilit: 
less  than  the  actual  value  of  such  animals'  in  case  o 
loss  or  injury  to  the  same  resulting  from  the  negligenct 
of  said  common  carrier,  its  agents  or  employes.  Com 
mon  carriers  shall  not  be  required  to  receive  for  ship 
ment   animals    diseased   or    physically    disabled. 

Contracts  in  violation  of  preceding,  void.  2768.  Al 
stipulations  in  contracts  of  shipment  hereafter  made 
whicli  limit  the  liability  of  common  carriers,  in  viola 
tion  of  the  preceding  section,  shall  be  void  and  of  n( 
effect  unless  the  shipper  shall  voluntarily  assent  to  sai( 
stipulations. 

Penalty  for  refusing  to  receive  stock.  2769.  When  anj 
common  carrier  refuses  to  receive  live  stock  and  do 
mestic  animals,  such  carrier  shall  be  liable  to  the  ownei 
for  all  damages  accruing  from  the  refusal  to  receiv< 
said   stock   or   domestic   animals   for   shipment. 

Railroads  to  make  prompt  settlements  for  overcharges 
2770.  In  all  cases  where  any  railroad  or  other  common  car 
rier  shall  demand  and  receive,  for  goods  shipped  froHi 
within  or  without  this  State  to  any  point  in  this  State, 
any  overcharge  or  excess  of  freight  over  and  beyond 
the  proper  or  contract  rate  of  freight,  and  a  demand 
in  writing  for  the  return  or  repayment  of  such  over- 
charge is  made  by  the  person  paying  the  same,  said 
railroad  or  common  carrier  shall  refund  said  overcharge 
within  30  days  from  said  demand;  and  if  said  common 
carrier   shall   fail   or  refuse   to   settle   within   30  days,   or 


Public  Service  Laws 


405 


within  said  time  to  refund  said  overcharge  or  overpay- 
ment, then  said  railroad  or  common  carrier  shall  be 
liable  to  said  person  making  the  overpayment  in  an 
amount  double  the  amount  of  the  overpayment,  to  be 
recovered  in  any  court  having  jurisdiction  of  the  same; 
and  more  than  one  claim  for  such  excess  may  be  joined 
in    the   same   suit. 

Carriers  must  trace  freight.  2771.  When  any  freight 
that  has  been  shipped,  to  be  conveyed  by  two  or  more 
common  carriers  to  its  destination,  where,  under  the 
contract  of  shipment  or  by  law,  the  responsibility  of 
each  or  either  shall  cease  upon  delivery  to  the  next 
"in  good  order,"  has  been  lost,  damaged  or  destroyed. 
It  shall  be  the  duty  of  the  initial  or  any  connecting 
carrier,  upon  application  by  the  shipper,  consignee  or 
their  assigns,  within  30  days  after  application,  to  trace 
said  freight  and  Inform  said  applicant,  In  writing,  when, 
where,  how  and  by  which  carrier  said  freight  was  lost, 
damaged  or  destroyed,  and  the  names  of  the  parties  and 
their  official  position,  if  any,  by  whom  the  truth  of 
facts  set  out  In  said  Information  can  be  established. 

Penalty  for  failing  to  trace.  2772.  If  the  carrier  to 
which  application  is  made  shall  fail  to  trace  said  freight 
and  give  said  information,  in  writing,  within  the  time 
prescribed,  then  said  carrier  shall  be  liable  for  the 
value  of  the  freight  lost,  damaged  or  destroyed,  in  the 
same  manner  and  to  the  same  extent  as  if  said  loss, 
damage  or  destruction  occurred  on  its  line. 

Damages  for  delay.  2773.  Where  a  carrier  fails  to  de- 
liver goods  In  a  reasonable  time,  the  measure  of  dam- 
ages is  the  difference  between  the  market  value  at  the 
time  and  place  they  should  have  been  delivered  and 
the  time  of  actual  delivery. 

Transportation  of  perishaMe  products.  2774.  It  shall  be 
the  duty  of  the  railroad  companies  of  this  State  to 
furnish  to  any  grower  of  peaches,  apples,  cantaloupes, 
watermelons  or  other  perishable  products  suitable  icing 
and  refrigerator  cars,  or  other  suitable  cars,  for  the 
transportation  of  such  products,  whenever  application 
is  made  therefor  in  writing  by  the  shipper  24  hours  in 
advance  of  the  time  such  car  or  cars  are  wanted  for 
loading.  Such  application  to  be  filed  with  the  nearest 
agent  of  the  railroad  company  to  the  point  from  which 
shipment  is  to  be  made,  and  it  shall  state  the  time  and 
place  from  which  shipment  is  desired. 

Failure  to  furnish  cars,  liahility.  2775.  Whenever  any 
railroad  company  shall  fail  to  furnish  such  icing  and 
refrigerator  cars  as  required  in  the  preceding  section, 
and  the  shipper  places  his  product  in  carload  lots,  or, 
in  cases  of  less  than  carload  lots,  expresses  to  the  agent 
of  the  railroad  company  his  willingness  to  pay  charges 
for  carload  lots,  then  such  railroad  company  shall  be 
liable  for  the  market  value  of  such  product,  with  interest 
thereon.  The  market  value  to  be  determined  by  the 
market  value  of  the  product,  less  the  cost  of  carriage  and 
the  usual  expense  of  selling  in  the  market  to  which 
the  shipper  intended  shipping  same,  on  the  day  such 
product  would  have  arrived,  had  the  same  been  carried 
in  the  usual  course  of  transportation  on  schedule  time 
for  such  freight.  In  order  to  avail  himself  of  this  rule 
of  damage,  the  shipper  shall,  in  writing,  notify  the 
agent  of  the  railroad  company  of  the  market  to  which 
he  intended  to  ship  his  product.  Payment  shall  be 
made  by  the  railroad  company  for  such  product  within 
30  days  after  written  claim  has  been  filed  with  the  com- 
pany therefor.  In  the  event  that  such  railroad  company 
shall  fail  to  make  payment  as  herein  provided,  to  tender 
the  correct  amount  thereof,  it  shall  be  liable  for  an 
additional  fixed  sum  of  $50  for  each  car  as  liquidated 
damages  for  failure  to  perform  its  duty  in  the  premises, 
such  liquidated  damages  to  be  recovered  in  any  cause 
brought  for  the  recovery  of  damages  on  the  main  claim, 
in    the    event   recovery    is    had    thereon. 

Liability  of  shippers  for  failure  to  accept  cars.  2776.  In 
the  event  the  shipper  fails  or  refuses  to  accept  such 
car  or  cars,  when  furnished  under  condition  and  as 
herein  required,  he  shall  be  liable  to  the  railroad  com- 
pany for  the  sum  of  $10  per  car,  and  the  cost  of  the 
first  or  initial  icing,  in  the  event  the  same  is  Iced;  and 
should  he  fail  or  refuse  to  pay  same  within  30  days 
after  written  demand  therefor,  he  shall  be  liable  for 
$20   instead    of    $10,    as   herein   fixed,   together   with   the 


cost  of  icing,   and   judgment   may   be  rendered  for   said 
sum  by  any  court  having  jurisdiction  of  the  cause. 

Damage  to  property  in  transportation.  2777.  Any  com- 
mon carrier,  railroad  or  transportation  company  receiv- 
ing property  for  transportation  between  points  wholly 
within  this  State,  shall  issue  a  receipt  or  bill  of  lading 
therefor,  and  shall  be  liable  to  the  holder  thereof  for. 
any  loss,  damage  or  injury  to  such  property  caused  by 
it  or  by  any  common  carrier,  railroad  or  transportation 
company  to  which  such  property  may  be  delivered  or 
over  whose  line  or  lines  such  property  may  pass,  and 
no  contract,  receipt,  rule  or  regulation  shall  exempt 
such  common  carrier,  railroad  or  transportation  company 
from  the  liability  herein  imposed;  provided;  that  noth- 
ing in  this  section  shall  deprive  any  holder  of  such 
receipt  or  bill  of  lading  of  any  remedy  or  right  of 
action    which   he    has    under   existing   law. 

Claims,  when  to  he  paid — Penalty  for  failure.  2778. 
Every  claim  for  loss  or  damage  to  property  or  over- 
charge for  freight,  for  which  any  common  carrier  may 
be  liable,  shall  be  adjusted  and  paid  by  such  common 
carrier  within  60  days  in  cases  of  shipments  wholly 
within  this  State,  and  within  90  days  in  cases  of  ship- 
ments between  points  without  and  points  within  this 
State,  after  such  claim,  duly  verified  by  the  oath  of  the 
claimant  or  his  agent,  shall  have  been  filed  with  the 
agent  of  the  initial  carrier,  or  with  the  agent  of  the 
carrier  upon  whose  line  the  loss  or  damage  or  over- 
charge actually  occurred.  In  the  event  such  claim  is 
not  adjusted  and  paid  within  the  time  limited,  the 
carrier  shall  be  liable  for  interest  thereon  at  the  legal 
rate  from  the  date  of  the  filing  of  the  claim  until  the 
payment  thereof,  and  shall  also  be  liable  for  a  penalty 
of  $50  for  every  such  failure  to  adjust  and  pay  said 
claim,  to  be  recovered  by  the  party  damaged  in  any 
court  of  competent  jurisdiction;  provided,  that  unless 
such  claimant  shall  in  such  action  recover  the  full 
amount  claimed,  no  penalty  shall  be  recovered,  but  the 
recovery  shall  be  limited  to  the  actual  loss  or  damage 
or  overcharge,  with  interest  thereon  from  the  date  of 
filing  said  claim. 

INJURIES  BY  BAILROATS. 

Injury  to  person  or  property.  2779.  In  all  cases  where 
the  person  or  property  of  an  individual  may  be  injured, 
or  such  property  destroyed,  by  the  carelessness,  negli- 
gence or  improper  conduct  of  any  railroad  company,  or 
ofl^cer,  agent  or  employe  of  such  company,  in  or  by  the 
running  of  the  ears  or  engines  of  the  same,  such  com- 
pany shall  be  liable  to  pay  damages  for  the  same  to 
anyone  whose  property  or  person  may  be  so  injured 
or  destroyed,  notwithstanding  any  by-laws,  rules  or 
regulations,  or  notice  which  may  be  made,  passed  or 
given  by  such  company  limiting  Its  liability. 

Damages  hy  running  of  cars,  etc.  2780.  A  railroad  com- 
pany shall  be  liable  for  any  damage  done  to  persons, 
stock  or  other  property  by  the  running  of  the  locomo- 
tives, or  cars,  or  other  machinery  of  such  company,  or 
for  damage  done  by  any  person  in  the  employment 
and  service  of  such  company,  unless  the  company  shall 
make  it  appear  that  their  agents  have  exercised  all 
ordinary  and  reasonable  care  and  diligence,  the  presump- 
tion in  all  cases  being  against  the  company. 

Consent  or  negligence.  2781.  No  person  shall  recover 
damage  from  a  railroad  company  for  injury  to  himself 
or  his  property,  where  the  same  is  done  by  his  consent, 
or  is  caused  by  his  own  negligence.  If  the  complainant 
and  the  agents  of  the  company  are  both  at  fault,  the 
former  may  recover,  but  the  damages  shall  be  diminished 
by  the  jury  in  proportion  to  the  amount  of  default 
attributable   to   him. 

Injury  hy  co-employe.  2782.  Every  common  carrier  by 
railroad  shall  be  liable  in  damages  to  any  person  suffer- 
ing injury  while  he  is  employed  by  such  carrier,  or.  In 
case  of  death  of  such  employe,  to  his  or  her  personal 
representative,  for  the  benefit  of  the  surviving  widow 
or  husband,  or  child,  or  children  of  such  employe,  and, 
if  none,  then  of  such  employe's  parents,  and,  if  none, 
then  of  the  next  of  kin  dependent  upon  such  employe, 
for  such  injury  or  death  resulting  in  whole  or  in  part 
from  the  negligence  of  any  of  the  officers,  agents  or 
employes  of  such  carrier,  or  by  reason  of  any  defects 
or   insufficiency,    due    to   its   negligence,   in   its   cars,   en- 


406 


National  Association  of  Railway  Commissionees 


^ 


gines,  appliances,  machinery,  track,  roadbed,  works, 
boats,  wharves  or  other  equipment;  provided,  neverthe- 
less, no  recovery  shall  be  had  hereunder  If  the  person 
killed  or  injured  brought  about  his  death  or  injury  by 
his  own  carelessness  amountalng  to  a  failure  to  exer- 
cise ordinary  care;  or  if  he,  by  the  exercise  of  ordinary 
care,  could  have  avoided  the  consequences  of  the  de- 
fendant's negligence.  The  measure  of  damage  in  case 
the  injury  results  in  death  of  the  employe  shall  be  that 
prescribed  in  §§4424  and  4425;  provided,  that  the  party 
or  parties  for  whose  benefit  recovery  may  be  had  under 
this  and  the  five  succeeding  sections  may  sue  and  re- 
cover in  their  own  name  or  names  in  the  manner  pre- 
scribed by  .§  4424,  In  case  no  administrator  or  executor 
has  been  appointed  at  the  time  suit  is  filed,  i  In  case 
death  results  from  injury  to  the  employe,  the  em- 
ployer shall  be  liable  unless  it  make  it  apear  that 
It,  Its  agents  and  employes  have  exercised  all  ordinary 
and  reasonable  care  and  diligence,  the  presumption  being 
In  all  cases  against  the  employer.  If  death  does  not 
result  from  the  injury,  the  presumption  of  negligence 
shall  be  and  remain  as  now  provided  by  law  in  case 
of  injury  received  by  an  employe  In  the  service  of  a 
railroad  company. 

Contributory  negligence  and  ordinary  care.  2783.  In  all 
actions  hereafter  brought  against  any  such  common 
carrier  or  railroad,  under  or  by  virtue  of  any  of  the 
provisions  of  this,  the  preceding,  or  the  four  succeeding, 
sections,  to  recover  damages  for  personal  injuries  to 
an  employe,  or  where  such  injuries  have  resulted  in 
death,  the  fact  that  the  employe  may  have  been  guilty 
of  contributory  negligence,  not  amounting  to  a  failure 
to  exercise  ordinary  care,  shall  not  bar  a  recovery,  but 
the  damages  shall  be  diminished  by  the  jury  in  propor- 
tion to  the  amount  of  negligence  attributable  to  such 
employe;  provided,  that  no  such  employe  who  may  be 
injured,  or  killed,  shall  be  held  to  have  been  guilty  of 
contributory  negligence  in  any  case  where  the  violation 
by  such  common  carrier  of  any  statute  enacted  for  the 
safety  of  employes  contributed  to  the  injury  or  death 
of  such   employe. 

Risk  of  employment.  2784.  In  any  action  brought 
against  any  common  carrier  under  and  by  virtue  of  any 
of  the  provisions  of  the  two  preceding  sections,  to  re- 
cover damages  for  injuries  to  or  the  death  of  any  of 
its  employes,  such  employe  shall  not  be  held  to  have 
assumed  the  risks  of  his  employment  in  any  case  where 
the  violation  by  such  common  carrier  of  any  statute 
enacted  for  the  safety  of  the  employes  contributed  to 
the  injury  or  death  of  such  employe. 

Contract  to  exempt  from  liability,  and  set-off  of  indem- 
nity. 2785.  Any  contract,  rule,  regulation,  or  device  what-, 
soever,  the  purpose  or  intent  of  which  shall  be  to  enable 
any  common  carrier  to  exempt  itself  from  any  liability 
created  by  the  three  preceding  sections,  shall,  to  that 
extent,  be  void;  provided,  that  in  any  action  brought 
against  any  such  common  carrier  under  or  by  virtue  of  any 
of  said  sections,  such  common  carrier  may  set  off  therein 
any  sum  it  has  contributed  or  paid  to  any  insurance,  relief, 
benefit  or  indemnity  that  may  have  been  paid  to  the 
injured  employe,  or,  in  the  event  of  death,  to  the  person 
or  persons  entitled  thereto .  on  account  of  the  injury  or 
death  for  which  said  action  is  brought. 

Limitation  to  right  of  action.  2786.  No  action  shall  be 
maintained  under  the  four  preceding  sections,  unless 
commenced  within  two  years  from  the  day  the  cause 
of  action  accrued. 

"Common  carrier,"  tchat  the  term  includes.  2787.  The 
term  "common  carrier,"  as  used  in  the  preceding  sec- 
tion, shall  Include  the  receiver  or  receivers  or  other 
person  or  corporation  charged  with  the  duty  of  the 
management  and  operation  of  the  business  of  a  common 
carrier. 

Receiver's  liability  to  employes.  2788.  The  liability 
of  receivers,  trustees,  assignees  and  other  like  officers 
operating  railroads  in  this  State,  or  partially  in  this 
State,  for  injuries  and  damages  to  persons  in  their  em- 
ploy, caused  by  the  negligence  of  coemployes,  or  for 
Injuries  or  damages  to  personal  property,  shall  be  the 
same  as  the  liability  now  fixed  by  the  law  governing 
the  operation  of  railroad  corporations  in  this  State  for 
like  Injuries  and  damages;  and  a  lien  Is  hereby  created 


on  the  gross  income  of  any  such  railroad  while  in  the 
hands  of  any  such  receiver,  trustee,  assignee,  or  other 
person,  in  favor  of  such  injured  employes,  or  plaintiff, 
superior  to  all  other  liens  against  defendant  under  the 
laws   of   this    State. 

Suits,  hoio  and  where  brought.  2789.  Suits  may  be 
brought  against  either  of  such  officers  in  the  same  county, 
and  service  may  be  perfected  by  serving  them  or  their 
agents  in  the  same  manner,  as  if  the  suit  had  been 
brought  against  the  corporation  whose  property  or  fran- 
chise is  being  operated  by  them,  and  all  such  suits  may 
be  brought  without  first  having  obtained  leave  to  sue 
from  any  court. 

EOLLING-STOCK    OF    RAILROADS. 

Contract  for  conditional  sale  of  rolling-stock,  etc.  2790. 
Any  person  or  corporation  may  make  a  contract  in  writ- 
ing with  any  railroad  company  or  person  owning  or 
operating  a  railroad  in  this  State  to  furnish  said  com- 
pany or  person  with  rolling  stock  or  other  equipment, 
deliverable  either  immediately  or  subsequently  at  stip\i- 
lated  periods;  by  the  terms  of  which  contract  the  pur- 
chase money  for  said  property,  in  whole  or  in  part,  is 
to  be  paid  thereafter,  and  in  which  contract  it  may  be 
agreed  that  the  title  to  the  property  so  sold  or  coi- 
tracted  to  be  sold  shall  not  pass  to  or  vest  in  the  vendes 
until  the  purchase  money  for  the  same  shall  have  been 
fully  paid,  notwithstanding  the  delivery  of  such  property 
to  and  the  possession  of  the  same  by  the  vendee;  but 
that  until  said  purchase  money  shall  have  been  full/ 
paid,  the  title  to  said  property  shall  remain  in  said 
vendor  and   his  or  its  assigns. 

Contracts  for  the  lease  of  rolling-stock.  2791.  The  man 
ufacturer,  owner  or  assigns  of  any  railroad  equipmen 
or  rolling  stock  may  make  a  written  contract  for  thi 
lease  of  such  equipment  or  rolling  stock  to  any  railroat 
company  or  person  owning  or  operating  a  railroad  ii 
this  State;  and  in  such  contract  it  shall  be  lawful  U 
stipulate  for  a  conditional  sale  of  said  aroperty  to  th« 
said  lessee  on  the  termination  of  such  lease,  and  tc 
stipulate  that  the  rental  received  from  said  property  maj 
as  paid,  or  when  fully  paid,  be  applied  and  treated  as 
purchase  money,  and  that  the  title  to  such  property  shai: 
not  vest  in  such  lessee  or  vendee  until  the  amount  ol 
such  purchase  money  shall  have  been  paid  in  full  to  the 
lessor  or  vendor  or  to  his  or  its  assigns,  notwithstand- 
ing the  delivery  of  such  property  to  and  possession  of 
the  same  by  such  lessee  or  vendee,  but  that  until  such 
purchase  money  shall  have  been  fully  paid  the  title  to 
such  property  shall  remain  in  said  lessor  or  vendor,  or 
In  his  or  its  assigns. 

Validity  and  record  of  contracts.  2792.  Every  such 
contract  hereby  authorized  shall  be  good,  valid  and 
effectual  to  retain  the  title  to  said  property  in  said 
vendor  or  lessor,  or  in  his  or  its  assigns,  as  against 
the  said  vendee  or  lessee,  and  against  all  persons  claim- 
ing thereunder.  Such  contracts,  if  made  within  this 
State,  shall  be  executed  in  the  presence  of,  and  attested 
by,  or  be  proved  before  a  notary  public,  or  justice  of 
any  court  in  this  State,  or  a  clerk  of  the  Superior  Court. 
If  made  without  this  State,  it  shall  be  executed  in  the 
presence  of,  and  attested  by,  or  proved  before,  a  com- 
missioner of  deeds  for  the  State  of  Georgia,  or  a  consul 
or  vice-consul  of  the  United  States  (the  certificates  of 
the  foregoing  officers,  under  their  seals,  being  evidence 
of  the  fact),  or  by  a  judge  of  a  court  of  record  in  the 
State  where  executed;  such  contract  shall  be  recorded, 
within  six  months  after  the  date  of  Its  execution.  In  the 
office  of  the  clerk  of  the  Superior  Court  of  the  county 
where  is  situated  the  principal  office,  in  this  State,  of 
the  said  railroad  company.  Each  locomotive  engine 
and  each  car  so  sold  or  contracted  to  be  sold  or  leased, 
as  aforesaid,  shall  have  the  name  of  the  vendor  or 
lessor,  or  the  assignee  of  such  vendor  or  lessor,  plainly 
placed  or  marked  on  the  same,  or  be  otherwise  so 
marked  as   to   plainly  indicate  the  ownership  thereof. 

LIENS    AGAINST    RAILROADS. 

Lien  for  wages  of  railroad  employes.  2793.  The  amounts 
due  employes  by  any  railroad  company  for  wages  earned 
by  service  rendered  to  said  railroad  company  shall  con- 
stitute a  lien  upon  the  railroad  and  other  property  of  said 
railroad  company,  and  shall  be  superior  in  dignity  to  the 


Public  Sekvioe  Laws 


40r 


lien  of  any  mortgage  or  other  contract  lien  executed  or 
created  by  said  railroad  company  since  December  13, 
1893;  provided,  that  no  employe  shall  be  entitled  to  said 
lien  under  this  section   to  an  amount  exceeding  $500. 

Receiver  or  trustee  to  pay.  2794.  Whenever  any  rail- 
road has  been  seized  by  any  order  or  process  from  any 
court  appointing  a  receiver  for  said,  railroad  company,  it 
shall  be  the  duty  of  the  judge  presiding  in  said  court  to 
order  payments  on  account  of  liabilities  specified  in  the 
preceding  section  to  be  made  out  of  any  funds  of  said 
company  available  for  said  purpose,  so  soon  as  the 
amount"  of  said  liabilities  is  liquidated,  and  it  the  same 
are  disputed,  then  so  soon  as  they  can  be  judiciously 
ascertained,  and  without  awaiting  the  final  judgment  in 
said  cause.  And  whenever  any  railroad  has  been  seized 
by  any  trustee  or  other  person  by  authority  of  any  pro- 
vision in  any  trust  deed  or  other  conveyance  to  secure 
debt,  it  shall  be  the  duty  of  said  person  so  seizing  said 
railroad  to  pay  said  liabilities  out  of  the  first  moneys 
coming  into  his  hands,  so  soon  as  the  amount  of  the 
eame  can  be  ascertained,  or  determined  judicially  or 
Otherwise.-  And  in  all  cases  where  a  railroad  has  been 
seized  as  last  aforesaid,  the  persons  having  such  claims 
of  liabilities  shall  have  the  same  right  to  proceed  against 
said  property,  to  collect  and  secure  the  amount  due  on 
account  of  said  liabilities,  as  if  said  railroad  had  not 
been  seized  by  any  trustee  or  other  person  under  said 
trust  deed  or  other  conveyance  for  the  security  of  debt. 

Liens  for  supplies  and  live  stock.  2795.  All  persons 
furnishing  material,  supplies,  or  other  articles  necessary 
to  the  operation  of  any  railroad  company  which  Is 
operated  in  this  State,  and  all  persons  having  claims 
against  such  company  for  live  stock  killed  by  its  en- 
gines or  cars,  shall  have  a  lien  upon  the  property  of  the 
company  for  the  amounts  due  for  such  supplies,  material, 
or  other  necessary  articles  furnished  within  six  months 
preceding  the  institution  of  proceedings  to  enforce  the 
same,  or  for  the  amounts  due  to  them  for  damages  for 
the  killing  of  such  live  stock,  which  lien  shall  be  su- 
perior in  dignity  to  any  mortgage  or  other  contract  lien 
created  by  said  railroad  company. 

Such  lie7is  not  defeated  tty  receivership  or  other  seizure. 
2796.  Whenever  any  railroad  In  operation  In  this  State 
has  been  put  in  the  hands  of  a  receiver  by  any  court  in 
this  State,  it  shall  be  the  duty  of  the  presiding  judge 
to  order  the  payments  on  account  of  the  liabilities  speci- 
fied in  the  preceding  section,  out  of  the  income  of  the 
property  available  for  that  purpose,  so  soon  as  the 
amounts  aforesaid  have  been  liquidated,  or.  If  disputed, 
h^ve  been  judicially  ascertained,  without  awaiting  the 
final  judgment  in  said  cause.  Whenever  such  railroad 
shall  be  seized  by  a  trustee  or  other  person  than  through 
the  instrumentality  of  a  court  of  justice,  it  shall  be  the 
duty  of  such  person  so  seizing  said  railroad  to  pay  the 
liabilities  aforesaid  out  of  the  first  moneys  arising  from 
the  operations  of  the  road  next  after  the  payments 
due  for  wages  of  employes  and  other  claims  superior  in 
dignity  to  the  claims  aforesaid.  No  such  seizure  by 
such  trustee  or  other  person,  other  than  through  a  court 
of  justice,  shall  have  the  effect  to  prevent  proceedings 
against  the  railroad  property,  on  the  part  of  persons 
having  such  claims,  to  collect  and  secure  the  same  by 
due  process  of  law. 

Duties  of  receivers  of  railroads.  2797.  In  all  cases 
where  the  business  of  any  corporation  operating  a  rail- 
road, either  wholly  or  partially  in  this  State,  shall,  by  an 
order  or  decree  of  any  court,  be  placed  in  the  hands  of 
a  receiver  for  the  benefit  of  the  creditors  or  stockhold- 
ers of  said  corporation,  it  shall  be  the  duty  of  said  re- 
ceiver to  apply  the  income  of  said  railroad  to  the  pay- 
ment of  the  incidental  expenses  necessary  to  the  carry- 
ing on  of  said  business,  which  shall  include  the  wages  of 
employes,  wood,  cross-ties,  and  other  material  furnished, 
and  which  may  be  necessary  for  conducting  said  busi- 
ness, and  keeping  the  property  in  repair,  and  the  damages 
which  may  arise  from  the  loss  or  injury  to  goods,  wares, 
and  merchandise  received  by  said  road  for  transporta- 
tion, and  for  injuries  to  persons  and  property,  caused 
by  the  running  of  the  cars  on  said  road,  and  for  which 
said  road  is  now  liable  as  common  carriers  by  the  laws 
of  this  State;  and  a  lien  is  hereby  created  on  the  gross 
income  of  said  road,  while  in  the  hands  of  such  receiver, 
in   favor  of  such  creditors  or  claimants,  superior  to  all 


other  liens  under  the  laws  of  this  State.  If  said  re- 
ceiver should  be  removed,  or  a  vacancy  occur  in  said 
office  arid  a  successor  be  appointed,  it  shall  be  his  duty 
to  pay  the  liens  herein  provided  for,  according  to  their 
date,  out  of  any  funds  in  his  hands  as  such  receiver, 
whether  such  liability  occurred  before  or  after  his  ap- 
pointment. 

TELEGRAPH  AND  TELEPHONE  COMPANIES. 

COXSTBUCTION    OF    TELEGRAPH    OR   TELEPHONE    LINES. 

Telegraph  companies  may  occupy  right  of  way  of  rail- 
roads. 2809.  Any  person  or  any  duly  incorporated  tele- 
graph company  having  the  right  to  do  business  in  this 
State  shall  have  the  right  to  construct,  erect,  and  main- 
tain upon  the  right  of  way  of  the  several  railroad  com- 
panies in  this  State,  and  along  the  lines  thereof,  their 
posts,  fixtures,   and  wires,  and  to  operate  the  same. 

Such  occupation  regulated.  2810.  Said  fixtures,  posts, 
and  wires  shall  be  erected  at  such  distances  from  the 
tracks  of  said  railroads  as  will  prevent  any  and  all 
damages  to  said  railroad  companies  by  the  falling  of  said 
fixtures,  posts,  or  wires  upon  said  railroad  tracks;  and 
such  telegraph  companies  shall  be  liable  to  said  railroa4 
companies  for  all  damages  resulting  from  a  failure  to 
comply  with   the  provisions  of  this  section. 

Construction  of  telegraph  or  telephone  lines,  2811. 
Any  telegraph  or  telephone  company,  chartered  by  the 
laws  of  this  or  any  other  State  of  the  United  States, 
shall  have  the  right  to  construct,  maintain,  and  operate 
telegraph  and  telephone  lines,  or  both,  upon,  under, 
along,  and  over  the  public  highways  of  this  State,  with 
the  approval  of  the  county  or  municipal  authorities  in 
charge  of  such  highway;  and,  upon  making  due  compen- 
sation, shall  have  the  right  to  construct,  maintain,  and 
operate  telegraph  or  telephone  lines,  or  both,  through  or 
over  any  lands  of  this  State,  and  on,  along,  and  upon  the 
right  of  way  and  structures  of  any  railroads,  and,  where 
necessary,  under  or  over  any  private  lands  in  this  State, 
and  to  that  end  may  have  and  exercise  the  right  of 
eminent  domain;  provided,  that  the  posts,  arms,  insu- 
lators, and  other  fixtures  of  such  lines  be  so  erected, 
placed,  and  maintained  as  not  to  obstruct  or  interfere 
with  the  ordinajy  use  of  such  public  highways,  railroads, 
or  with  the  convenience  of  any  landowners,  more  than 
may  be  unavoidable;  provided  further,  that  where  it  is 
necessary  for  such  companies  to  exercise  the  right  of 
eminent  domain,  they  shall  proceed  to  exercise  the  same 
in  the  same  manner  as  heretofore  provided  by  law  for 
the  exercise  of  such  right  of  eminent  domain  by  tele- 
graph companies;  and  further  provided,  that  no  corpora- 
tion, person,  or  partnership  shall  have  the  benefit  of 
this  section  until  it  has  filed  with  the  railroad  commis- 
sion of  the  State  its,  his,  or  their  consent  that  the  said 
railroad  commission  shall  have  jurisdiction  over  said 
person,  partnership,  or  corporation  for  the  purpose  of 
regulating  tolls  charged  on  long-distance  messages  origi- 
nating and  ending  within  the  State  of  Georgia,  and  rents 
or  tolls  for  use  of  the  telephone  lines  of  said  person, 
partnership,  or  corporation,  in  so  far  as  the  same  are 
used  for  conducting  the  intrastate  business  of  the  said 
person,  partnership,  or  corporation.  And  all  the  powers 
given  to  the  said  commissioners  over  telegraph  com- 
panies in  this  State,  and  all  the  penalties  prescribed 
against  telegraph  companies,  or  persons  operating  tele- 
graph companies,  are  hereby  declared  to  be  of  force 
against  corporations,  companies,  and  person  or  persons 
controlling,  owning,  or  operating  a  line  or  lines  of  tele- 
phone companies  doing  business  in  this  State,  whose 
line  or  lines  is  or  are  wholly  or  in  part  in  this  State, 
so  far  as  said  provisions  can  be  made  applicable  to  cor- 
porations, person,  or  persons  controlling,  owning,  or 
operating  a  telephone  line  or  lines,  but  these  provisions 
shall  apply  only  to  such  persons,  partnerships,  or  com- 
panies owning,  operating,  or  controlling  the  telephone 
companies  who  have  accepted  the  benefits  of  the  pro- 
visions of  this  section;  provided,  that  all  laws  fixing  the 
method  in  which  telegraph  poles,  posts,  fixtures,  or  wires 
shall  be  set  up  are  made  applicable  to  all  telephone 
companies  doing  business  in  this  State,  and  that  all  lia- 
bilities fixed  against  telegraph  companies  for  damages 
resulting  from  a  failure  to  properly  set  up  their  fixtures, 
posts,  or  wires  along  any  highway  or  railroad  shall  be 
and   are   hereby   made   applicable   to   all   telephone   com- 


408 


National  Association  of  Railway  Commissioners 


1 


panics  doing  business  In  this  State;  provided  furtlier, 
that  any  lines  constructed  on  the  right  of  way  of  any 
railroad  company  shall  be  relocated  to  conform  to  any 
uses  and  needs  of  said  railroad  company  for  railroad 
purposes. 

DUTIES  AS   TO  TKANSMITTING   AND  DELIVERING   MESSAGES. 

Good  faith,  impartiality,  diligence,  required.  2812. 
Every  electric  telegraph  company,  with  a  line  of  wires 
wholly  or  partly  in  this  State,  and  engaged  in  telegraph- 
ing for  the  public,  shall,  during  the  usual  hours,  receive 
dispatches  or  messages,  whether  from  other  telegraphic 
lines  or  from  individuals,  and  on  payment  or  tender  of 
the  usual  charge,  according  to  the  regulations  of  such 
company,  shall  transmit  and  deliver  the  same  with  im- 
partiality and  good  faith  and  with  due  diligence,  under 
penalty  of  $25,  which  penalty  may  be  recovered  by  suit 
in  a  court  having  jurisdiction  thereof,  by  either  the 
sender  of  the  dispatch  or  message  or  the  person  to 
whom  sent  or  directed,  whichever  may  sue  first;  pro- 
vided, that  nothing  herein  shall  be  construed  as  impair- 
ing or  in  any  way  modifying  the  right  of  any  person 
to  recover  damages  for  any  breach  of  contract  or  duty 
by  any  telegraph  company,  and  said  penalty  and  said 
damages  may,  if  the  party  so  elect,  be  recovered  In  the 
same  suit. 

Messages  delivered,  when.  2813.  Such  companies  shall 
deliver  all  dispatches  or  messages  to  the  persons  to 
whom  the  same  are  addressed  or  to  their  agents  on 
payment  of  any  charges  due  for  the  same;  provided,  such 
persons  or  agents  reside  within  1  mile  of  the  telegraph 
station,  or  within  the  city  or  town  in  which  such  station 
is  located. 

SUITS   AGAINST  TELEGRAPH   COMPANIES. 

Telegraph  companies,  where  suable.  2814.  Whenever 
any  person  may  have  any  claim  or  demand  upon  any 
telegraph  company  having  offices  or  more  than  one  place 
of  doing  business  in  this  State,  it  shall  be  lawful  for 
such  person  or  persons  to  institute  suit  against  such 
telegraph  company  within  the  county  where  the  prin- 
cipal offlce  of  such  company  is  located,  or  in  any  county 
where  such  telegraph  company  may  have  an  agency  or 
place  of  business,  or  where  such  place  of  business  was 
located  at  the  time  the  cause  of  action  accrued,  or  the 
contract  was  made  out  of  which  said  cause  of  action 
arose.  In  all  suits  brought  under  the  provisions  of  this 
section,  service  shall  be  effected  upon  such  telegraph 
company  by  leaving  a  copy  of  the  writ  with  the  agent 
of  the  company.  If  any;  if  no  such  agent  should  be  in 
the  county,  then  at  the  agency  or  place  of  doing  busi- 
ness, where  the  same  was  located  at  the  time  such 
cause  of  action  accrued,  or  the  contract  was  made  out 
of  which  the  same  arose. 

FROM  THE  PENAL  CODE  OP  GEORGIA— 1911. 
ARTICLE  15.     INTERFERENCE  WITH  EMPLOYES. 

Unlawfully  preventing  laborers,  etc.  §  126.  If  any  per- 
son or  persons,  by  threats,  violence,  intimidation  or 
other  unlawful  means,  shall  prevent  or  attempt  to  pre- 
vent any  person  or  persons  in  this  State  from  engaging 
in,  remaining  in  or  performing  the  business,  labor  or 
duties  of  any  lawful  employment  or  occupation,  such 
offender  or  offenders  shall  be  guilty  of  a  misdemeanor. 

Conspiring  or  attempting  to  prevent.  §  127.  If  any  per- 
son or  persons,  singly  or  together, ,  or  in  combination, 
shall  conspire  to  prevent  or  attempt  to  prevent  any  per- 
son or  persons,  by  threats,  violence  or  intimidation  from 
engaging  in,  remaining  in  cr  performing  the  business, 
labor  or  duties  of  any  lawful  employment  or  occupation, 
such  offender  or  offenders  shall  be  guilty  of  a  misde- 
meanor. 

Hindering  person  who  desires  to  labor,  etc.  S  128.  If 
any  person  or  persons,  singly  or  by  conspiring  together, 
shall  hinder  any  person  or  persons  who  desire  to  labor 
from  so  doing,  or  hinder  any  person,  by  threats,  violence 
or  intimidation,  from  being  employed  as  laborer  or 
employe,  such  offender  shall  be  guilty  of  a  misdemeanor. 

Hindering  owner  from  working  property  or  hiring  la- 
borers. S  129.  If  any  person  or  persons,  by  threats,  vio- 
lence, intimidation  or  other  unlawful  means,  shall  hinder 
the    owner,    manager   or   proprietor   for   the    time    being 


from  controlling,  using,  operating  or  working  any  prop- 
erty in  any  lawful  occupation,  or  shall  by  such  means 
hinder  such  person  from  hiring  or  employing  laborers 
or  employes,  such  offender  or  offenders  shall  be  guilty 
of  a  misdemeanor. 

ARTICLE  17.    TRANSFERRING  CLAIM  TO  DEFEAT  EX- 
EMPTION OF  WAGES  FROM  GARNISHMENT. 

When  creditor  shall  not  transfer  claim.  §  131.  Whoever 
shall  violate  §  5299  of  the  civil  code,  relative  to  trans- 
ferring claims  to  parties  without  the  State,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  $10  and  not  exceeding  $50  for  each 
account  or  claim  so  unlawfully  transferred,  or  assigned, 
or  sent  out  of  this  State  as  aforesaid. 

ARTICLE     9.      OVERCHARGES    BY    RAILROAD    OFFI- 
CIALS, AND  FALSE  BILLING,  ETC.,  BY  CARRIERS. 

Railroad  officials  overcharging.  §  730.  Any  officer,  agent, 
or  other  employe  of  a  railroad  company,  who  shall  charge, 
for  transporting  freight  or  passengers  over  said  railroad, 
above  the  rates  allowed  by  their  several  charters,  or 
established  by  the  superintendent  or  other  officer  or 
officers  of  said  railroad,  on  conviction  before  the  Siu- 
perior  Court,  shall  be  punished  as  for  a  misdemeanor. 

False  bills  or  classifications  by  carriers.  §  731.  Aiy 
common  carrier  of  freights  within  the  limits  of  tl  is 
State,  or,  whenever  such  common  carrier  is  a  corporaticn, 
any  officer  or  agent  thereof,  or  any  person  acting  for  ~>t 
employed  by  such  corporation,  who,  by  means  of  faUe 
billing,  false  classification,  false  weighing  or  false  i  e- 
port  of  weight,  or  by  any  other  device  or  means,  shi  11 
knowingly  and  wilfully  assist,  or  shall  willingly  suff  ;r 
or  permit,  any  person  to  obtain  transportation  for  prop- 
erty from  and  to  points  within  the  limits  of  this  Stais, 
at  less  than  the  regular  rates  then  established  and  n 
force  on  the  line  of  transportation  of  such  common  ca  r- 
riers,   shall  be   guilty  of  a  misdemeanor. 

False  billing,  etc.,  by  consignor  or  consignee.  §  732.  Ai  y 
person  and  any  officer  or  agent  of  any  corporaticn  <  r 
company  who  shall  deliver  property  for  transportatic  u 
from  and  to  points  within  the  limits  of  this  State  la 
any  common  carrier  of  freights  within  this  State,  <  r 
for  whom,  as  consignor  or  consignee,  any  such  carric  r 
shall  transport  property,  who  shall  knowingly  and  wi  - 
fully,  by  false  billing,  false  classification,  false  weigl  - 
Ing,  false  representation  of  the  contents  of  the  packag'  , 
or  false  report  of  weight,  or  by  any  other  device  c  r 
means,  whether  with  or  without  the  consent  or  coi  - 
nivance  of  the  carrier  or  its  agent,  obtain  transport!  - 
tion  for  such  property  at  less  than  the  regular  rate  5 
then  established  and  in  force  on  the  line  of  transpo:  - 
tation,  shall  be  guilty  of  a  misdemeanor. 

Inducing  or  aiding  in  unjust  discrimination.  §  733.  1 1 
any  such  person,  or  any  officer  or  agent  of  any  sue  i 
corporation  or  company,  shall,  by  payment  of  money  o  • 
other  thing  of  value,  solicitation,  or  otherwise  induce  an  ' 
common  carrier  of  freight  within  this  State,  or  any  of 
its  officers  or  agents,  to  discriminate  unjustly  in  his  o' 
its  favor,  as  against  any  other  consignor  or  consignee, 
in  the  transportation  of  property  from  and  to  points  in 
this  State,  or  shall  aid  or  abet  any  common  carrier  iJi 
any  such  unjust  discrimination,  he  shall  be  guilty 
misdemeanor. 


11 


ARTICLE  10.    WRECKING  A  RAILROAD  COMPA 

Wrecking  a  railroad  company.  §  734.  Any  person  whii 
is  a  director  or  other  officer  or  agent  of  a  railroad  com- 
pany owning  a  'railroad  situated  in  whole  or  in  part  in 
this  State,  who  shall,  either  alone  or  in  conjunction  witli 
any  other  person,  whether  such  person  is  or  is  no . 
an  officer,  stockholder  or  agent  in  a  railroad  company, 
do  any  act  with  the  intent  and  purpose  to  wreck  said 
company,  by  which  said  act,  either  along  or  in  con- 
junction with  other  acts,  the  company  is  wrecked,  shall 
be  punished  by  confinement  in  the  penitentiary  for  nor. 
less  than  three  nor  more  than  20  years. 

Attempting  to  wreck  a  railroad  company.  §  735.  Any 
person  who  is  a  director  or  other  officer  or  agent  of  a 
railroad    company,    situated    as    aforesaid,    who    shall    do 


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409 


any  act  with  the  intent  and  purpose  to  wreck  said 
company,  although  by  the  act  the  company  Is  not  thus 
wrecked^  shall  be  guilty  of  an  attempt  to  wreck  said 
company,  and  shall  be  punished  by  confinement  In  the 
penitentiary  for  not  less  than  one  year  nor  more  than 
10  years. 

Conspiring  to  wreck  a  railroad  company.  §  736.  Any 
person,  not  a  director  or  other  officer  or  agent  of  a  rail- 
road company,  situated  as  aforesaid,  who  shall  conspire 
with  any  director  or  other  officer  or  agent  of  said  com- 
pany to  do  any  act  with  the  Intent  and  purpose  to  wreck 
the  company,  or  who  shall  induce  or  agree  with  any 
person  who  is  a  director  or  other  officer  or  agent  of 
said  company  to  do  any  act  with  the  intent  and  purpose 
to  wreck  it,  by  which  said  act  the  company  is  wrecked, 
shall  be  guilty  of  the  offense  of  railroad  wrecking,  and 
shall  be  punished  as  provided  in  §  734. 

Conspiring  to  wreck  a  railroad  company  but  failing. 
§  737.  Any  person  not  a  director,  agent,  or  other  officer  of 
a  railroad  company,  situated  as  aforesaid,  who  shall  con- 
spire with  a  director,  agent,  or  other  officer  of  said  com- 
pany to  do  any  act  with  the  intent  and  purpose  to  wreck 
said  company,  or  who  shall  induce  or  agree  with  any 
person  who  is  a  director,  agent,  or  other  officer  of  said 
company  to  do  any  act  with  the  intent  and  purpose  to 
wreck  said  company,  although  by  which  said  act  the 
company  is  not  thus  wrecked,  shall  be  guilty  of  an  at- 
tempt to  wreck  said  company,  and  shall  be  punished  as 
provided  in   §   735. 

Wrecking  defined.  §  738.  In  contemplation  of  this  arti- 
cle the  crime  of  railroad  wrecking  shall  be  complete, 
when  in  consequence  of  any  act  with  the  intent  and 
purpose  as  aforesaid,  either  taken  singly  or  in  con- 
junction with  other  acts,  said  railroad  company  has  been 
rendered  insolvent,  or  has  been  seized  under  any  judi- 
cial procedure  in  consequence  of  insolvency,  either  by  the 
appointment  of  a  permanent  receiver  to  take  possession 
of  the  sam.e,  or  under  final  process  for  the  sale  of  the 
same. 

Evidence  of  intent  to  wreck.  §  739.  Any  act  done  by 
any  parties  subject  to  the  provisions  of  this  article,  with 
the  intent  and  purpose  to  depreciate  the  value  of  the 
stock  of  said  railroad  company,  shall  be  taken  as  prima 
facie  evidence  of  an  intent  to  wreck  said  company; 
provided,  that  nothing  herein  contained  shall  exclude 
from  the  consideration  of  the  court  and  jury  any  other 
fact  which  under  the  rule  of  law  shall  be  proper  evi- 
dence of  the  existence  of  such  Intent  on  the  trial  of  any 
person  Indicted  and  tried  under  the  provisions  of  this 
article. 

ARTICLE    11.     DECLARING    UNEARNED    DIVIDENDS. 

Improper  dividends.  §  740.  No  joint-stock  company, 
corporation,  or  other  association  shall  declare  any  divi- 
dend, or  distribute  any  money  among  its  members  as 
profits,  when  such  dividend,  or  money,  is  not  declared  or 
distributed  from  the  actual  legitimate  net  earnings  of 
Its  investments,  and  does  in  any  manner  increase  its 
debts.  Any  president,  director,  or  other  officer  or  agent 
of  any  joint-stock  company,  corporation,  or  other  as- 
sociation, violating  the  provisions  of  this  section,  shall 
be  guilty  of  a  misdemeanor.         '  \ 

ARTICLE  24.  THE  PUBLIC  SAFETY. 

Rocking  or  shooting  at  or  in  cars.  §  512.  Any  person 
who  shall  throw  a  rock  or  other  missile  at,  towards, 
or  into  any  car  of  any  passenger  train  upon  any  railroad 
or  street  railroad,  or  shoot  any  gun,  pistol,  or  firearms 
of  any  kind  at,  towards,  or  into  any  such  car,  or  shoot, 
while  in  such  car,  any  gun,  pistol,  or  other  weapon  of 
any  kind,  shall  be  punished  by  confinement  In  the 
penitentiary  from  one  to  five  years;  unless  the  jury 
trying  the  case  shall  recommend  the  prisoner  to  mercy. 
In  which  event  he  shall  be  punished  as  for  a  misde- 
meanor. 

Wrecking,  or  attempting  to  wreck  trains,  cars,  etc.  §  513. 
Any  person  who  shall,  by  any  device  whatever,  wreck, 
or  attempt  to  wreck,  a  railroad  train,  locomotive,  car, 
coach,  or  vehicle  of  any  kind,  when  used  or  run  on  any 
railroad  track  for  the  purpose  of  travel  or  transportation, 
cr    assist   or    advise    It   to    be    done,    shall    be    punished 


with  confinement  In  the  penitentiary  for  life,  unless  the 
jury  trying  the  case  shall  recommend  the  prisoner  to 
mercy;  in  that  event  he  shall  be  punished  by  confine- 
ment in  the  penitentiary  for  not  less  than  'five  nor  longer 
than  10  years.  If  the  conviction  is  founded  solely  on 
circumstantial  testimony,  the  presiding  judge,  without 
the  recommendation  of  the  jury,  may  in  his  discretion 
sentence  the  prisoner  to  confinement  in  the  penitentiary 
for  not  less  than  five  nor  longer  than  10  years. 

Murder  if  death  ensues.  §  514.  If  death  ensues  to  any 
person  from  the  acts  mentioned  in  Ihe  preceding  section, 
the  offender  shall  be  guilty  of  murder. 

Shooting  on  excursion-trains  or  at  picnics.  §  51 5.  If  any 
person  shall  fire  a  pistol,  gun,  or  other  firearm  on  any 
excursion  train,  or  at  any  picnic,  except  in  his  defense, 
he  shall  be  guilty  of  a  misdemeanor. 

Using  explosive  oils  on  passenger-cars  prohibited.  §  516. 
Any  officer  or  employe  of  a  railroad  company,  who  shall 
light  a  passenger  car  in  which  passengers  are  being 
transported,  by  burning  any  explosive  oil  In  lamps  or 
otherwise,  or  shall  burn  such  oil  in  such  passenger 
car;  or  any  officer  having  charge  of  such  passenger  car, 
who  shall  permit  such  burning  of  explosive  oil,  shall 
be  guilty  of  a  misdemeanor.  Any  such  officer  or  em- 
ploye may  be  indicted  In  any  county  through  which 
such  passenger  car,  lighted  in  violation  of  this  section, 
shall  pass. 

Trains  must  stop  icithin  fifty  feet  of  each  railroad  cross- 
ing. §  517.  Whenever  the  tracks  of  separate  and  Inde- 
pendent railroads  cross  each  other,  all  engine  drivers 
and  conductors  must  cause  the  trains  which  they  re- 
spectively drive  and  conduct  to  come  to  a  full  stop 
within  50  feet  of  the  place  of  crossing,  and  then  to 
move  forward  slowly.  The  train  of  the  road  first  con- 
structed and  put  in  operation  shall  have  the  privilege 
of  crossing  first.  A  person  violating  the  provisions  of 
this   section   shall   be   guilty  of  a  misdemeanor. 

Neglecting  to  erect  blow-posts.  §  518.  Should  any  rail- 
road company  fall  or  neglect  to  put  up  the  posts  re- 
quired by  §  2675  of  the  Civil  Code,  the  superintendent 
thereof   shall  be  guilty  of  a  misdemeanor. 

Failing  to  blow  the  whistle.  §  519.  If  any  engineer  falls 
to  blow  the  whistle  and  to  check  the  speed  as  required 
In  §  2675  of  the  Civil  Code,  he  shall  be  punished  as  for 
a  misdemeanor. 

Within  corporate  limits,  bell  to  be  tolled.  §  520.  Rail- 
road companies  shall  not  be  required  to  blow  the  whistle 
of  their  locomotives  on  approaching  crossings  or  pub- 
lic roads  within  the  corporate  limits  of  any  city,  town, 
or  village;  but  in  lieu  thereof  the  engineer  shall  signal 
the  approach  of  the  train  to  such  crossings  and  public 
roads  by  tolling  the  bell  of  the  locomotive,  and  on  fail- 
ure to  do  so  he  shall  be  punished  as  for  a  misde- 
meanor. 

Intruding  on  railroad  tracks.  §  521.  Any  person  In- 
truding unlawfully  upon  the  constructed  track  of  a  rail- 
road company,  or  the  State  railroad,  contrary  to  the 
will  of  the  company  or  superintendent,  shall  be  guilty 
of  a  misdemeanor. 

Destroying,  injuring,  or  obstructing  railroads.  §  522.  If 
any  person  shall  wilfully  and  maliciously  destroy,  or  in 
any  manner  Injure  or  obstruct,  or  shall  wilfully  and 
maliciously  cause,  or  aid  and  assist,  or  counsel  or  ad- 
vise any  other  person  to  destroy,  or  in  any  manner  to 
Injure  or  obstruct,  any  railroad  or  branch  thereof,  or 
any  bridge  connected  therewith,  or  any  vehicle,  edifice, 
right,  or  privilege  granted  by  charter,  and  constructed 
for  use  under  authority  thereof;  or  If  any  unauthorized 
person  shall  turn,  move,  or  In  any  manner  Interfere 
with  any  gate,  switch,  siding,  or  other  appurtenances 
to  any  such  railroad,  he  shall  be  Imprisoned  in  the 
penitentiary  not  less  than  four  nor  longer  than  eight 
years. 

When  death  ensues.  §  523.  If  death  ensues  from  the 
acts  mentioned  In  the  preceding  section,  the  offender 
shall  be  guilty  of  murder,  and  punished  accordingly. 
The  penalties  under  this  and  the  preceding  section  shall 
not  Interfere  with  the  offender's  liability  for  damages. 

Interfering  with  movement  of  locomotives  or  train. 
§  524.  All  persons  are  prohibited  from  interfering  with  the 
running  of  any  locomotive  engine  or  train  upon  the  rail- 


410 


National  Association  of  Eailway  Commissioners 


roads  in  this  State;  and  If  any  unauthorized  person  shall 
start  a  locomotive  engine,  either  with  or.  without  cars 
attached  thereto,  or  shall  slow  down  or  bring  to  a  stop 
by  a  signal,  from  the  inside  or  outside  of  a  train  or 
otherwise,  any  locomotive  engine  running  with  or  with- 
out cars  attached  thereto,  he  shall  be  guilty  of  a  mis- 
demeanor; provided,  that  this  section  shall  not  apply 
to  officers  and  employes  of  the  railroad  upon  which  said 
locomotive  engine  or  locomotive  engines  are  being  oper- 
ated, whose  duty  is  connected  with  the  movement  of  the 
particular  locomotive  or  locomotives;  nor  shall  it  apply 
to  any  person  who  acts  in  case  of  an  emergency  in  good 
faith  to  prevent  an  accident.  Provided  further,  that 
when  the  schedule  of  a  train  requires  it  to  stop  at  a 
station  on  flag,  in  the  absence  of  the  operator  it  shall 
not  be  unlawful  for  a  person  bona  fide  desiring  to  talce 
passage  on  such  train  to  flag  the  same;  provided  fur- 
ther, that  this  section  shall  not  apply  to  any  person  who 
shall  do  any  of  the  things  herein  prohibited  because  of 
any   reasonable  necessity. 

Qualifications  of  locomotive  engineers.  §  525.  Any  rail- 
way company  violating  the  provisions  of  §  2696  of  the 
Civil  Code,  on  the  subject  of  the  qualifications  of  loco- 
motive engineers,  shall  be  guilty  of  a  misdemeanor  and 
liable  to  indictment  and  punishment  in  any  county  in 
this  State  in  which  such  inexperienced  person  shall  be 
allowed    to   work    upon    such   locomotive. 

Electric  headlights  for  locomotives.  §  526.  Any  railroad 
company  violating  §  2697  of  the  Civil  Code,  on  the  sub- 
ject of  electric  headlights  for  locomotives,  in'  any  re- 
spect, shall  be  liable  to  indictment  as  for  a  misdemea- 
nor in  any  county  in  which  the  locomotive  not  so 
equipped  and  maintained  may  run,  and  on  conviction 
shall  be  punished  by  fine  as  prescribed  in  §  1065  of  this 
code. 

Railroad  cornmission,  orders  of.  §  527.  Whoever  shall 
violate  §  2668  of  the  Civil  Code,  on  the  subject  of  orders 
of  the  railroad  commission,  shall  be  guilty  of  a  mis- 
demeanor. 

Unlawful  disclosures  ty  railroad  commissioner  or  em- 
ploye. §  528.  Whoever  shall  violate  the  provisions  of  the 
Civil  Code,  on  the  subject  of  disclosures  by  a  railroad 
commissioner  or  employe  of  the  railroad  commission, 
shall  be  guilty  of  a  misdemeanor. 


ARTICLE  25.     PUBLIC  CONVENIENCE. 

Water  and  light  on  railroads.  §  529.  Railroad  com- 
panies shall  keep  in  each  passenger  car,  or  in  any  car 
In  which  passengers  are  transported,  an  adequate  supply 
of  good,  pure  drinking  water  at  all  hours  during  the  day 
and  night,  and  lights  during  the  night  for  the  use  of 
passengers;  and,  upon  failure  thereof,  shall  be  punished 
as  for  a  misdemeanor. 

Conductors  failing  to  furnish  water  and  lights.  §  530. 
Any  conductor  or  agent  of  a  railroad,  who,  after  being 
requested  by  a  passenger  to  furnish  a  sufficient  supply 
of  water  to  the  passengers  in  each  car,  in  the  day  or 
night,  and  light  at  night,  shall  pass  any  depot  cr  sta- 
tion without  so  doing,  may  b«  indicted  in  any  county 
through  which  said  railroad  runs,  of  which  he  is  agent 
or  conductor,  and  shall  be  punished  as  for  a  misde- 
meanor. 

Judges  to  give  these  sections  in  charge.  §  531.  The 
judges  of  the  Superior  Courts  shall  give  the  two  pre- 
ceding sections  in  special  charge  to  the  grand  juries 
of  their  respective  courts. 

Railroad  station  accommodations  for  passengers.  §  532. 
A  failure  to  comply  with  §  2727  of  the  civil  code,  in  re- 
lation to  a  lighted  and  comfortable  room  for  passengers 
by  a  railroad  company,  shall  be  a  misdemeanor. 

Seats,  lights  and  ventilation.  §  539.  Companies  oper- 
ating and  using  compartment  cars  or  separate  cars  shall 
furnish  to  the  passengers  comfortable  seats,  and  have 
such  cars  well  and  sufficiently  lighted  and  ventilated, 
and  a-  failure  to  do  so  shall  be  a  misdemeanor. 

Exceptions.  §  540.  The  provisions  of  the  preceding  sec- 
tion shall  not  apply  to  nurses  or  servants  in  attendance  on 
their  employers,  nor  to  sleeping  cars. 

Overseer  failing  to  do  his  duty.  §  541.  If  a  road  over- 
seer omits    to   do   his    duty   with   respect   to   the   roads. 


bridges  and  causeways  under  his  charge,  for  30  days 
from  the  time  the  necessity  for  any  immediate  work 
occurs,  unless  hindered  by  extreme  bad  weather  or 
other  providential  cause,  he  is  guilty  of  a  misdemeanor, 
and  is  also  liable  for  all  damages  at  the  suit  of  any 
person  injured  by  such  omission. 

•'Running  freight  trains  on  Sabbath.  414.  If  any  freight 
train,  excursion  train,  or  other  train  than  the  regular 
trains  run  for  the  carrying  of  mails  or  passengers,  shall 
be  run  on  any  railroad  on  the  Sabbath  day,  the  sui)er- 
intendent  of  transportation  of  such  railroad  company,  or 
the  officer  having  charge  of  the  business  of  that  depart- 
ment of  the  railroad,  shall  be  liable  to  indictment  in 
each  county  through  which  such  train  shall  pass,  and 
shall  be  punished  as   for  a   misdemeanor. 

"The  foregoing  provision  shall  not  extend  to: 

"1.  A  train  which  has  one  or  mere  cars  loaded  with 
live  stock  and  which  is  delayed  beyond  schedule  time. 
Such  train  shall  not  be  required  to  lay  over  on  the  line 
of  road  during  Sunday,  but  may  run  on  to  the  point 
where,  by  due  cause  of  shipment  or  consignment  ihe 
next  stock  pen  on  the  route  may  be,  where  such  anlmiils 
may  be  fed  and  watered,  according  to  the  facilities 
usually   afforded   for   such   transportation. 

"2.  A  freight  train  running  over  a  road  on  Saturday 
night,  if  the  time  of  its  arrival  at  destination,  according 
to  the  schedule  by  which  it  started  on  the  trip,  be  i  ot 
later  than  9  o'clock  central  standard  time,  Sunday 
morning. 

"3.  Empty  refrigerator  cars  intended  for  loading  w  th 
perishable  freight  and  destined  to  icing  stations  or  to 
points  of  prospective  loading;  special  fruit,  melon  aid 
vegetable  trains,  the  cars  of  which  contain  no  other 
freight  except  ice  or  perishable  fruits,  melons,  vegetabh  s, 
fresh  fish,  oysters,  fresh  meats,  live  stock  and  oth3r 
perishable  goods  of  a  like  character,  and  which  trai  is 
shall  be  loaded  and  leave  the  station  from  which  th  'y 
start  in  this  State  before  the  hour  of  midnight  ■  >n 
Saturday  night  previous  to  the  Sunday  on  which  they  a  ■» 
operated;  and  all  such  trains  may  stop  at  any  statio  is 
in  this  State  to  take  on  and  forward  other  cars  of  li:  » 
perishable  freight,  which  are  ready  to  be  transporte  1. 
No  company  shall  be  compelled  to  run  the  trains  me  a- 
tioned  in  this  paragraph,  and  all  freight  trains  or  ca  s 
thus  loaded  and  coming  into  this  State  may  run  to  ai  y 
point  of  destination  in  this  State  or  "continue  their  nn 
through   the   State  on   Sunday. 

"4.  Trains  on  railroads  where  the  line  of  said  ra  1- 
road  begins  and  ends  in  another  State  and  does  not  r\  a 
a  distance  of  greater  than  30  miles  through  this  State. 

The    following    general    orders    have    been    made 
the  railroad  commissicn  of  Georgia: 


41 


Atlanta,  August  24,  1907, 

GENERAL  ORDER  No.^  1. 

Heports  as  to  free  passes.  Each  railroad  company  doii  g 
business  in  this  State  is  hereby  required  to  file  in  tl  e 
office  of  the  railroad  commissipn  of  Georgia  during  tl  e 
month  of  October,  1907,  and  as  nearly  the  fifteenth  of 
said  month  as  is  practicable,  a  certified  detailed  stat  i- 
ment  of  all  transportation  issued  for  the  use  of  any  pas- 
senger between  points  within  the  State  of  Georgia  durir  g 
the  month  of  September,  1907,  for  which  transportation 
a  rate  or  charge  less  than  the  regular  authorized  (r 
published  rate  was  paid. 

Said  statement  shall  show  in  detail  a  list  of  all  tne 
transportation  issued  during  said  month,  to  whom  issue!,, 
upon  what  account  issued  and  between  what  stations. 

Also  a  list  of  all  annual,  quarterly  and  other  tern 
passes,  used  on  its  line  ot  road  during  said  month  of 
September,  by  whom  used  and  the  number  of  miUs 
traveled  by  the  holders  of  said  term  passes  during  said 
month. 

Provided,  That  the  terms  of  this  order  shall  not  applr 
to  the  issuance  of  transportation  to  bona  fide  employee 
of  railroad  companies,  except  where  such  employes  are 
also  in  the  public  service. 

It  is  further  ordered,  That  each  railroad  company  as 
above  shall  cause  to  be  filed  regularly  each  month  there- 


Public  Service  Laws 


411 


after   a    similar    report    for    tlie    month    immediately    pre- 
ceding that  during  which  report  is  required  furnished. 

Atlanta,  October  25,  1907. 
GENERAL  ORDER  No.  2. 

The  railroad  commission  of  Georgia  hereby  adopts  as 
its  own  regulations  all  passenger  train  service  now  being 
maintained  in  this  State,  and  as  well,  all  schedules  of 
passenger  trains  of  all  railroad  companies  operating  in 
Georgia;    and  it  is 

Railroad  not  to  discontinue  trains.  Ordered:  That  no 
railroad  company  operating  in  .this  State  shall  be  allowed 
to  discontinue  any  passenger  train  schedule  or  service 
now  being  maintained,  without  the  consent  of  the  rail- 
road   commission. 

Railroads  not  to  change  schedules.  It  is  further  or- 
dered: That  no  railroad  company  operating  in  this 
State  shall  be  allowed  to  change  any  schedule  of  any 
of  its  passenger  trains  without  giving  notice  by  publica- 
tion of  the  proposed  change  at  least  three  days  in  ad- 
vance of  the  effective  date  of  said  change  in  some  news- 
paper having  general  circulation  in  the  community  or 
communities  to  be  affected  thereby.  • 

Railroads  to  advertise  time  tables.  Ordered  further: 
That  all  railroad  companies  in  this  State,  in  addition  to 
posting  at  each  of  their  respective  depot  or  station 
agencies  a  printed  copy  of  their  schedules  of  all  of 
their  passenger  trains  to  and  from  said  station,  shall 
also  continuously  advertise,  in  some  newspaper  of  general 
circulation  in  the  communities  through  which  its  trains 
operate,  time  table  or  tables  showing  the  schedules  of 
its  trains  which  serve  each  particular  community,  pro- 
vided said  advertisements  shall  be  paid  for  by  said 
companies  at  a  rate  not  to  exceed  the  rate  heretofore 
voluntarily  paid  for  such  advertisements  by  the  rail- 
roads, not  on  the  transportation  basis. 

Atlanta,  October  29,  1907. 
GENERAL  ORDER  No.  4. 

Free  transportation  of  freight  prohihited.  After  the  31st 
day  of  December,  1907,  it  shall  be  unlawful  for  any 
railroad  company,  express  company,  or  any  other  carrier 
of  freight  subject  to  the  jurisdiction  of  the  railroad  com- 
mission of  Georgia,  to  transport  from  one  point  to 
another  point  in  this  State  any  article  or  articles,  or 
merchandise,  or  freight,  of  any  kind,  free  of  charge, 
except  such  articles  or  commodities  as  may  be  necessary 
and  intended  for  its  own  use  in  the  conduct  of  its  busi- 
ness as  a  common  carrier,  and  except  ore,  coal,  stone, 
timber,  and  the  manufactured  products  thereof,  manu- 
factured, mined  or  produced  by  it,  on  or  from  Its  own 
property. 

Exceptions.  Provided,  however,  that  for  purely  chari- 
table purposes,  free  transportation  may  he  granted,  but 
when  such  is  granted  it  must  be  promptly  reported  to 
this  commission. 

Provided,  further,  that  reduced  or  free  transportation 
of  the  goods  or  effects  of  its  bona  fide  employes  may  be 
given  by  a  common  carrier. 

Provided,  further,  that  the  commission  will,  upon 
application  and  proper  showing  made,  authorize  free  or 
reduced  transportation  to  fairs,  exhibitions  or  for  other 
public  purposes. 

Atlanta,  October  29,  1907. 

GENERAL  ORDER  No.  5. 

Terminal  companies.  Ordered:  That  within  10  days 
from  this  date  all  terminal  companies,  corporations  or 
persons  owning,  leasing  or  operating  terminals  under 
the  jurisdiction  of  'this  commission  shall  furnish  this 
commission  with  copies  of  their  charters,  rates  and  rules; 
and  that  on  the  13th  day  of  November,  1907,  a  public 
hearing  be  had  at  which  said  companies  and  their  patrons, 
as  well  as  the  local  authorities,  may  be  heard,  with  a 
view  to  improving  the  service;  and  if  in  any  case  a 
monopoly  or  exclusive  right  is  claimed,  the  grounds  of 
such  claim  are  directed  to  be  presented,  and  will  be 
open  to  discussion  by  all  concerned. 

Ordered  further:  That  a  copy  hereof  be  mailed  to 
each  of  said  companies  without  delay. 


Atlanta,  November  4,  1907. 
GENERAL  ORDER  No.  6. 
Dock  and  terminal  companies.  The  railroad  commission 
of  Georgia  hereby  adopts  as  its  own  regulations  all  rates, 
rules  and  other  regulations  of  each  and  every  corpora- 
tion, company  or  person,  subject  to  the  jurisdiction  of 
this  commission,  owning,  leasing  or  operating  any  dock 
or  docks,  wharf  or  wharves,  terminal  or  terminals,  or 
terminal  station  or  stations,  and  no  such  rates,  rules  or 
other  regulations  shall  be  changed  without  the  consent 
of  the  railroad  commission  of  Gecgla. 

Atlanta,  November  6,  1907. 
GENERAL  ORDER  No.  7. 
Street  railway  companies.  Ordered:  That,  within  20 
days  from  date,  all  street  railroad  corporations,  com- 
panies or  persons,  owning,  leasing  or  operating  street 
railroads  in  this  State,  and  all  telegraph  corporations, 
under  the  jurisdiction  of  this  commission,  shall  furnish 
this  commission  with  copies  of  their  charters,  rates  and 
rules,  and  that,  considering  the  same,  together  with  such 
other  information  as  may  then  be  at  the  disposal  of 
the  commission,  the  necessity  of  ordering  a  public 
hearing,  with  a  view  to  improving  the  service,  with  the 
terms  and  conditions  of  such  hearing,  will  be  considered 
and  determined,  and  due  notice  given  to  the  companies 
concerned  and  their  patrons  and  local  authorities. 

Atlanta,  November  6,  1907. 
GENERAL  ORDER  No.  8. 
Dock  wharf  and  compress  companies.  Ordered:  That, 
within  10  days  from  this  date,  all  dock  and  wharf  cor- 
porations, companies  or  persons,  owning,  leasing  or 
operating  the  same,  under  the  jurisdiction  of  this  com- 
mission;  all  cotton  compress  corporations  or  associa- 
tions, and  persons  or  companies,  owning,  leasing  or  operat- 
ing the  same,  under  the  jurisdiction  of  this  commission, 
and  all  gas  and  electric  light  and  power  companies, 
corporations  or  persons,  owning,  leasing  or  operating 
public  gas  plants  or  electric  light  and  power  plants, 
furnishing  service  to  the  public,  under  the  jurisdiction 
of  this  commission,  shall  furnish  this  commission  with 
copies  of  their  charters,  rates  and  rules,  and  that,  con- 
sidering the  same,  together  with  such  other  information 
as  may  then  be  at  the  disposal  of  the  commission,  the 
necessity  of  ordering  a  public  hearing,  with  a  view  to 
Improving  the  service,  with  the  terms  and  conditions  of 
such  hearing,  will  be  considered  and  determined,  and 
due  notice  given  to  the  companies  concerned  and  their 
patrons  and  the  local  authorities. 

Atlanta,  January  3,  1908. 

GENERAL  ORDER  No.  9. 
Lists  of  stockholders  to  6e  filed.  It  is  hereby  ordered 
by  the  railroad  commission  of  Georgia  that,  on  or  be- 
fore the  15th  day  of  February,  1908,  each  and  every 
railroad  company,  telegraph  and  telephone  company, 
street  railroad  company,  public  service  corporation,  and 
every  other  company  and  corporation,  within  the  juris- 
diction of  this  commission  shall  file  in  the  office  of  the 
commission  a  complete  list  of  its  stockholders  as  of  the 
date  of  January  1,  1908,  showing  accurately  and  fully  the 
name  and  address  of  each  stockholder  and  the  amount 
of  stock  held  by  each  of  them  respectively  in  each  of 
said  companies  and   corporations. 

Atlanta,  January  8,  1908. 
GENERAL  ORDER  No.  10. 

Free  service  prohibited.  Whereas  it  appears  to  this 
commission  that  General  Order  No.  3,  forbidding  free 
passes  .and  free  service  as  therein  expressed,  has  been 
from  its  date,  October  29,  1907,  generally  construed  an(J 
accepted  as  including  telegraph  and  telephone  companies, 
but  doubts  having  been  expressed  touching  the  same;  and 

Whereas,  All  such  doubts  should  be  removed  and  the 
policy  and  operation  of  said  order  extended;  therefore, 
it  is  now 

Ordered  and  declared:  That  said  General  Order  No. 
3  was  intended  to  include,  and  the  same  is  now  ex- 
pressly so  amended  as  to  include  and  apply  to  telegraph 
and  telephone  companies,  and  further  that  no  electric 
light  or  gas   company,   or  power  company;   no   terminal 


412 


National  Association  of  Eailway  Commissioners 


company,  baggage  or  cab  company,  no  cotton  compress 
company,  or  other  public  service  corporation,  company 
or  person  subject  to  the  jurisdiction  of  this  commission 
shall  be  allowed  to  furnish  their  respective  services  or 
service   free  In  this   State. 

Provided,  that  the  commission  will,  upon  application 
and  proper  showing  made,  authorize  free  or  reduced  serv- 
ice for  charitable  and  public  purposes,  according  to  the 
facts  and  lawfulness  of  the  same  in  each  particular 
Instance. 

Atlanta,  December  23,  1909. 

Circular  No.  314  is  hereby  amended  by  substituting 
therefor  General  Order  No.  14,  which  becomes  effective 
this  day,  as  follows: 

GENERAL  ORDER  No.  14. 

Existitig  maximum  rates  adopted,  etc.  All  rates  now  in 
effect  or  which  may  hereafter  become  effective,  which 
are  not  higher  than  the  maximum  rates  prescribed  by 
this  commission,  whether  such  rates  are  the  result  of 
voluntary  action  upon  the  part  of  any  company,  cor- 
poration or  person  subject  to  the  jurisdiction  of  this 
commission,  or  otherwise,  are  hereby  established  as 
the  rates  of  the  railroad  commission  of  Georgia,  and  no 
such  rates  shall  be  discontinued  nor  raised  without  the 
consent  of  the  railroad  commission  first  being  obtained, 
but  all  such  rates  shall  continue  in  force  without  hind- 
rance, the  same  as  other  rates  prescribed  by  the  com- 
mission. And  any  and  all  facilities,  privileges  or  service, 
now  in  effect  or  practiced,  or  hereafter  made  effective, 
extended  or  practiced,  which  give,  grant,  extend  or 
allow  patrons,  shippers  or  other  persons  transacting 
business  with  said  companies,  corporations  or  ether  per- 
sons as  much  or  more  of  the  privileges,  facilities  or 
service  to  which  they  are  entitled  by  law  or  by  any 
rule,  regulation  or  order  of  this  commission,  whether 
8uch  privileges,  facilities  or  service  are  given,  granted, 
extended  or  allowed  as  the  result  of  voluntary  action 
upon  the  part  of  such  companies,  corporations  or  per- 
sons, or  otherwise,  are  hereby  established  as  the  require- 
ments of  the  railroad  commission  of  Georgia,  and  no 
euch  privileges,  facilities  or  service  shall  be  discontinued 
without  the  consent  of  the  railroad  commission  first 
being  obtained,  but  all  such  privileges,  facilities  or 
service  shall  be  given,  granted,  extended  or  allowed 
■without  hindrance,  the  same  as  other  requirements  of 
this  commission;  provided,  that  nothing  herein  contained 
shall  operate  as  repealing  in  any  way  the  provisions  of 
Passenger  Rule  No.  7. 

Atlanta,  January  26,  1910. 
File  No.  9221. 

GENERAL  ORDER  No.  17. 
Arrivals  and  departures  of  trains  to  6e  reported.  Or- 
dered: That  beginning  February  3,  next,  each  railroad 
in  this  State  be  required  to  report  in  writing,  to  the 
commission,  not  later  than  Thursday  of  each  week,  the 
arrival  and  departures,  whenever  not  on  regular  schedule 
time,  of  all  passenger  trains  at  their  respective  termini 
or  division  terminal  or  junction  points,  where  connec- 
tions with  other  roads,  or  branches  are  scheduled  or 
made,  and  if  late,  how  many  minutes  or  hours,  and 
the  cause  thereof,  for  and  during  the  week  ending 
Saturday   night   12:00   o'clock   preceding. 

Atlanta,  March  24,  1910. 
File  No.  9220. 
GENERAL  ORDER  No.  18. 

Reports  of  accident^.  General  order  No.  16  is  hereby 
repealed  and  the  following  substituted  in  lieu  thereof: 

Ordered:  That  beginning  April  1,  1910,.  each  railroad 
and  street  railroad  company  in  this  State  be  required 
to  notify  this  commission,  as  early  as  practicable  after 
the  happening  thereof,  of  each  derailment  or  collision  of 
any  character,  occurring  on  its  lines  or  in  its  yards, 
within  this  State,  in  which  any  person,  whether  passen- 
ger, employe,  or  other  person,  is  injured  or  killed,  stating 
the  time,  place  and  character  of  such  accident,  and 
shall,  within  48  hours  thereafter,  file  a  written  report 
thereof  on  forms   to  be  prescribed  by  this  commission. 


Ordered  further:  That  on  or  before  the  15th  day  of 
each  month,  each  of  said  railroad  and  street  railroad 
companies  shall  make  a  written  report,  under  oath, 
through  its  proper  officer,  of  all  accidents  in  which  any 
person  is  injured,  occurring  on  its  line  or  in  its  yards,  - 
in  the  operation  of  engines,  cars  or  trains,  during  the 
preceding  month,  on  forms  to  be  prescribed  by  this 
commission. 

Atlanta,  October  7,  1910. 
GENERAL  ORDER  No.  20. 

Free  transportation.  Whereas  the  railroad  commission 
of  Georgia,  by  General  Order  No.  3,  adopted  as  applicable 
to  free  transportation  bstween  points  in  Georgia  the 
terms  governing  Interstate  free  transportation  pre- 
scribed by  the  act  of  congress  approved  June  20,  1906, 
known  as  the  Hepburn  Act,  and 

Whereas  on  June  18,  1910,  the  congress  amended 
the  above  stated  regulations  governing  interstate  free 
transportation,   and 

Whereas  it  is  desirous,  so  far  as  it  is  practicable  so 
to  do,  to  maintain  uniformity  in  regulations  governing 
free   transportation,   both   State  and  interstate,  it  is  noiv 

Ordered,   that   the   terms   upon   which   tree   transportji-    ■ 
tion  can  be  used  in  Georgia  be  and  the  same  are  hereby    '• 
extended    in    the   same   manner   and   to   the   same   extent 
as   provided    for   in   the   Act  to   Regulate   Commerce   as 
amended   June   18,   1910.  iH 

Atlanta,  Ga.,  January  20,  1906Sl 
CIRCULAR  No.  314.  11 

Existing  rates  adopted.  Effective  this  day,  all  rates  hot" 
in  effect  between  points  in  this  State,  which  are  no; 
higher  than  the  maximum  rates  prescribed  by  this  com 
mission,  whether  such  rates  have  been  published  volun- 
tarily by  the  railroad  companies,  or  otherwise,  an 
hereby  formally  established  as  the  rates  of  the  Railroa* 
Commission  of  Georgia,  and  no  such  rates  shall  be  dis 
continued  nor  raised  without  the  consent  of  the  rallroat 
commission  first  being  obtained,  but  all  such  rates  shal 
continue  in  force  without  hindrance,  the  same  as  othei 
rates    prescribed    by    this    commission. 

Atlanta,  Ga.,  January  20,  1906. 
CIRCULAR  No.  315. 

Southern  classification  adopted.  Whereas,  on  the  elev 
enth  day  of  May,  1905,  the  railroad  commission  approved 
a  schedule  of  rates  submitted  by  the  several  lines  ol 
railway  interested  therein,  which  rates  were  to  applj 
between  the  various  cities  in  Georgia,  usually  referred 
to  as  "common  points,"  with  the  provision  that  these 
rates  would  be  applicable  to  the  southern  classification, 
it  is  now, 

Ordered,  that  in  so  far  as  the  southern  classification 
is  applicable  to  these  rates,  said  southern  classification 
is  hereby  formally  adopted  as  the  classification  of  the 
railroad  commission  in  so  far  as  the  same  is  to  be  a.p- 
plied  to  the  rates  above  referred  to;  and  no  change  in 
said  classification  which  will  affect  the  rates  of  freight 
as  per  the  schedule  of  rates  herein  first  referred  to 
shall  be  allowed  without  the  consent  of  this  commission 
first  being  obtained.  The  southern  classification  herein 
referred  to  is  "Southern  Classification  No.  34,"  without 
amendments,  said  Classification  No.  34  being  issued  tfl  _ 
take  effect  January  10,  1906.  M§ 

APrBOPRIATION. 

The  1911  appropriation  for  the  railroad  commission  was 
for  each  of  the  two  fiscal  years  1912  and  1913,  as  follows: 

Salary    of    chairman $  4,000 

Salary  of  two  remaining  commissioners  at  dl 

at  $2,500  each 5,000    SI 

Salary     rate     experts 4,000 

Salary     special     attorney 2,500 

Salary     secretary     2,000 

Salary    stenographer    1,200 

Printing  fund  2,000 

Contingent    expense    fund 3,000 

Total    for   each    year $23,700 


Public  Service  Laws 


413 


PUBLIC   SERVICE  LAWS  OF  IDAHO 


CONSTITlfTIONAL  PROVISIONS. 

IDAHO  REVISED  CODES— 1908,  PAGE  8. 

ARTICLE  I. 

DECLABATION   OF  RIGHTS. 

Right  of  eminent  domain.  §  14.  The  necessary  use  of 
lands  for  the  construction  of  reservoirs  or  storage  basins 
for  the  purposes  of  irrigation,  or  for  the  rights  of  way 
for  the  construction  of  canals,  ditches,  flumes  or  pipes 
to  convey  water  to  the  place  of  use,  for  any  useful, 
beneficial  or  necessary  purpose,  or  for  drainage,  or  for 
the  drainage  of  mines  or  the  worliing  thereof,  by  means 
of  roads,  railroads,  tramways,  cuts,  tunnels,  shafts, 
hoisting  works,  dumps  or  other  necessary  means  to 
their  complete  development,  or  any  other  use  neces- 
sary to  the  complete  development  of  the  material  re- 
sources of  the  State  or  the  preservation  of  the  health 
of  its  inhabitants,  is  hereby  declared  to  be  a  public 
use,  and  subject  to  the  regulation  and  control  of  the 
State. 

Private  property  may  be  talten  for  public  use,  but 
not  until  a  just  compensation,  to-be  ascertained  in  a 
manner  prescribed  by  law,  shall  be   paid  therefor. 

ARTICLE  VII. 

FINANCE  AND  REVENUE. 

Corporate  property  must  he  taxed.  §  8.  The  power  to 
tax  corporations  or  corporate  property,  both  real  and 
personal,  shall  never  be  relinquished  or  suspended,  and 
all  corporations  in  this  State,  or  doing  business  therein, 
shall  be  subject  to  taxation  for  State,  county,  school, 
municipal  and  other  purposes,  on  real  and  personal 
property  owned  or  used  by  them,  and  not  by  this  con- 
stitution exempted  from  taxation  within  the  territorial 
limits  of  the  authority  levying  the  tax. 

Maximum  rate  of  taxation.  §  9.  The  rate  of  taxation  of 
real  and  personal  property  for  State  purposes  shall  never 
exceed  10  mills  on  each  dollar  of  assessed  valuation, 
unless  a  proposition  to  increase  such  rate,  specifying 
the  rate  proposed  and  the  time  during  which  the  same 
shall  be  levied,  shall  have  been  submitted  to  the  people 
at  a  general  election,  and  shall  have  received  a  majority 
of  all  the  votes  cast  for  and  against  it  at  such  election. 

ARTICLE  Vin. 

PTTBMC  INDEBTEDNESS  AND  SUBSIDIES. 

Credit  of  State  shall  not  be  given  or  loaned.  §  2.  The 
credit  of  the  State  shall  not,  in  any  manner,  be  given 
or  loaned  to  or  in  aid  of  any  individual,  association, 
municipality  or  corporation;  nor  shall  the  State,  directly 
or  indirectly,  become  a  stockholder  In  any  association 
or  corporation. 

County,  etc.,  not  to  loan  or  give  its  credit.  §  4.  No 
county,  city,  town,  township,  board  of  education,  or 
school  district  or  other  subdivision  shall  lend  or  pledge 
the  credit  or  faith  thereof,  directly  or  indirectly,  in  any 
manner,  for  or  in  aid  of  any  individual  association,  or 
Incorporation,  for  any  amount  or  for  any  purpose  what- 
ever or  become  responsible  for  any  debt,  contract  or 
liability  of  any  individual,  association  or  corporation  in 
or  out  of  this  State. 

ARTICLE  XL 

CORPORATIONS. 

Revocation  and  alteration  of  charters.  §  3.  The  legis- 
lature may  provide  by  law  for  altering,  revoking  or 
annulling  any  charter  of  incorporation  existing  and  re- 
vokable  at  the  time  of  the  adoption  of  this  constitu- 
tion, in  such  manner,  however,  that  no  injustice  shall 
be  done  to  the   corporators. 

Regulation  and  control  of  railroads.  §  5.  All  railroads 
shall  be  public  highways  and  all  railroad,  transportation 
and  express  companies  shall  be  common  carriers,  and 
subject  to  legislative  control,  and  the  legislature  shall 
have  the  power  to  regulate  and  control  by  law  the  rate 
of  charges  for  the  transportation  of  passengers  and 
freight  by  such  companies  or  other  common  carriers  from 


one  point  to  another  in  the  State.  Any  association  or 
corporation  organized  for  the  purpose  shall  have  the 
right  to  construct  and  operate  a  railroad  between  any 
designated  points  within  the  State  and  to  connect,  within 
or  at  the  State  line,  with  railroads  of  other  States  and 
Territories.  Every  railroad  company  shall  have  the 
right  with  its  road  to  intersect,  connect  with  or  cross 
any  other  railroad,  under  such  regulations  as  may  be 
prescribed  by  law  and  upon  making  due  compensation. 
Equal  transportation  rights  guaranteed.  §  6.  A.11  indi- 
viduals, associations  and  corporations,  similarly  situated, 
shall  have  equal  rights  to  have  persons  or  property 
transported  on  and  over  any  railroad,  transportation  or 
express  route  in  the  State,  except  that  preference  may 
be  given  to  perishable  property.  No  undue  or  unreason- 
able discrimination  shall  be  made  in  charges  or  facilities 
for  transportation  of  freight  or  passengers  of  the  same 
class  by  any  railroad,  or  transportation,  or  express 
company,  between  persons  or  places  within  the  State; 
but  excursion  or  commutation  tickets  may  be  issued 
and  sold  at  special  rates,  provided  such  rates  are  the 
same  to  all  persons.  No  railroad,  or  transportation,  or 
express  company  shall  be  allowed  to  charge,  collect  or 
receive,  under  penalties  which  the  legislature  shall  pre- 
scribe, any  greater  charge  or  toll  for  the  transportation 
of  freight  or  passengers,  to  any  place  or  station  upon 
its  route  or  line,  than  it  charges  for  the  transporta- 
tion of  the  same  class  of  freight  or  passengers  to  any 
more  distant  place  or  station  upon  its  route  or  line,  than 
it  charges  for  the  transportation  of  the  same  class  of 
freight  or  passengers  to  any  more  distant  place  or  sta- 
tion upon  its  route  or  line  within  this  State.  No  rail- 
road, express  or  transportation  company,  nor  any  lessee, 
manager  or  other  employe  thereof  shall  give  any  prefer- 
ence to  any  individual,  association  or  corporation  in 
furnishing  cars  or  motive  power  or  for  the  transporta- 
tion of  money  or  other  express  matter. 

Acceptance  of  constitution  by  corporations.  §  7.  No 
corporation  other  than  municipal  corporations  in  exist- 
ence at  the  time  of  the  adoption  of  this  constitution 
shall  have  the  benefit  of  any  future  legislation  without 
first  filing  in  the  office  of  the  secretary  of  State  an 
acceptance  of  the  provisions  of  this  constitution  in 
binding  form. 

Right  of  eminent  domain  and  police  power  reserved. 
§  8.  The  right  of  eminent  domain  shall  never  be  abridged, 
nor  so  construed  as  to  prevent  the  legislature  from 
taking  the  property  and  franchise  of  incorporated  com- 
panies, and  subjecting  them  to  public  use,  the  same  as 
property  of  individuals,  and  the  police  powers  of  the 
State  shall  never  be  abridged  nor  so  construed  as  to 
permit  corporations  to  conduct  their  business  in  such 
manner  as  to  infringe  the  equal  rights  of  individuals,  or 
the  general  wellbelng  of  the  State. 

Increase  in  capital  stock.  §  9.  No  corporation  shall 
issue  stocks  or  bonds,  except  for  labor  done,  services 
performed  or  money  or  property  actually  received;  and 
all  fictitious  increase  of  stock  or  indebtedness  shall  be 
void.  The  stock  of  corporations  shall  not  be  increased 
except  in  pursuance  of  general  law,  nor  without  the 
consent  of  the  persons  holding  a  majority  of  the  stock, 
first  obtained  at  a  meeting,  held  after  at  least  30  days' 
notice  given  in  pursuance  of  law. 

Regulation  of  foreign  corporations.  §  10.  No  foreign 
corporation  shall  do  any  business  in  this  State  without 
having  one  or  more  known  places  of  business,  and  an 
authorized  agent  or  agents  in  the  same,  upon  whom 
process  may  of  any  other  country.  State  or  Territory, 
shall  have  or  be  allowed  to  be  served,  and  no  company 
or  corporation  formed  under  the  laws  to  exercise  or 
enjoy,  within  this  State,  any  greater  rights  or  privileges 
than  those  possessed  or  enjoyed  by  corporations  of  the 
same  or  similar  character  created  under  the  laws  of  this 
State. 

Constructing  railroad  in  city  or  town.  §  11.  No  street, 
or  other  railroad,  shall  be  constructed  within  any  city, 
town  or  incorporated  village  without  the  consent  of  the 
local  authorities  having  the  control  of  the  street  or  high- 


414 


National  Association  of  Eailway  Commissioners 


way  proposed  to  be  occupied  by  such  street  or  other 
railroad. 

Retroactive  laws  favoring  corporations  prohiiited.  §  12. 
The  legislature  shall  pass  no  law  for  the  benefit  of  a 
railroad,  or  other  corporation,  or  any  individual,  or  asso- 
ciation of  individuals  retroactive  in  its  operation,  or 
which  imposes  on  the  people  of  any  county  or  municipal 
subdivision  of  the  State  a  new  liability  in  respect  to 
transactions   or   considerations   already   past. 

Telegraph  and  telephone  companies.  §  13.  Any  associa- 
tion or  corporation,  or  the  lessees  or  managers  thereof, 
organized  for  the  purpose,  or  any  individual,  shall  have 
the  right  to  construct  and  maintain  lines  of  telegraph 
or  telephone  within  this  State  and  connect  the  same 
with  other  lines,  and  the  legislature  shall  by  general 
law  of  uniform  operation  provide  reasonable  regulations 
to  give  full  effect  to  this  section. 

Consolidation  of  corporations  with  foreign  corporations. 
§  14.  If  any  railroad,  telegraph,  express  or  other  corpora- 
tion, organized  under  any  of  the  laws  of  this  State,  shall 
consolidate  by  sale  or  otherwise  with  any  railroad,  tele- 
graph, express  or  other  corporation,  organized  under  any 
of  the  laws  of  any  other  State  or  Territory,  or  of  the 
United  States,  the  same  shall  not  thereby  become  a 
foreign  corporation,  but  the  courts  of  this  State  shall 
retain  jurisdiction  over  that  part  of  the  corporate  prop- 
erty within  the  limits  of  the  State  in  all  matters  that 
may  arise,  as  if  said  consolidation  had  not  taken  place. 

Transfer  of  franchises.  §  15.  The  legislature  shall  not 
pass  any  law  permitting  the  leasing  or  alienation  of  any 
franchise  so  as  to  release  or  relieve  the  franchise  or 
property  held  thereunder  from  any  of  the  liabilities  of 
the  lessor  or  grantor,  or  lessee  or  grantee,  contracted 
or  incurred  in  the  operation,  use  or  enjoyment  of  such 
franchise,  or  any  of  its  privileges. 

Term  "corporation"  defined.  §  16.  The  term  "corporar 
tion,"  as  used  in  this  article,  shall  be  held  and  con- 
structed to  include  all  associations  and  joint  stock  com- 
panies having  or  exercising  any  of  the  powers  or  privi- 
leges of  corporations  not  possessed  by  individuals  or 
partnerships. 

Liability  of  stockholders— Dues.  §  17.  Dues  from  pri- 
vate corporations  shall  be  secured  by  such  means  as 
may  be  prescribed  by  law,  but  in  no  case  shall  any 
stockholder  be  individually  liable  in  any  amount  over 
or  above  the  amount  of  stock  owned  by  him. 

ARTICLE  Xir. 

CORPORATIONS — MUNICIPAL. 

Municipal  corporations  not  to  loan  credit.  §  4.  No 
county,  town,  city  or  other  municipal  corporation,  by 
vote  of  its  citizens  or  otherwise,  shall  ever  become  a 
stockholder  in  any  joint  stock  company,  corporation  or 
association  whatever,  or  raise  money  for  or  make  dona- 
tion or  loan  its  credit  to,  or  in  aid  of,  any  such  company 
or  association;  provided,  that  cities  and  towns  may  con- 
tract indebtedness  for  school,  water,  sanitary  and  illumi- 
nating purposes;  provided,  that  any  city  or  town  con- 
tracting such  indebtedness  shall  own  its  just  proportion 
of  the  property  thus  created,  and  receive  from  any  in- 
come arising  therefrom  its  proportion  to  the  whole 
amount  so  invested. 

STATUTE    LAW. 

Idaho  has  no  railroad  commission.  In  1909  a  statute 
was  enacted  under  which  the  land  owners  of  any  district 
in  the  State  may  organize  a  railroad  district  and  build 
an  electric  or  steam  railroad  out  of  a  construction  fund 
raised  by  special  assessments.  The  railroad,  when  fin- 
ished, belongs  to  the  district  and  may  do  a  general 
transportation    business.     The    statute   is    as   follows: 

(Idaho  Session  Laws  of  1909,  page  238.) 
Be  it  enacted  by  the  legislature  of  the  State  of  Idaho: 

Highway  district  may  be  proposed.  §  1.  Whenever,  for 
any  reason,  fifty,  or  a  majority,  of  the  holders  of  title, 
or  evidence  of  title,  to  lands  susceptible  of  deriving 
benefit  and  value  from  the  purchase,  construction,  use 
or  operation  of  a  wagon  road,  railroad  or  other  highway, 
desire  to  acquire,  construct,  use  or  operate  the  same, 
they  may  propose  the  organization  of  a  highway  district 


under  this  Act;  provided,  said  holders  of  title  or  evi- 
dence of  title  shall  hold  such  title  -or  evidence  of  title 
to  at  least  one-eighth  part  of  the  total  area  of  the  land 
in  the  proposed  district,  assessable  for  the  purposes 
of  the  district.  The  equalized  county  assessment  roll 
next  preceding  the  presentation  of  a  petition  for  the 
organization  of  a  highway  district  shall  be  suflicient  evi- 
dence of  title  for  the  purpose  of  this  Act,  but  other 
evidence  may  be  received,  including  receipts  or  other 
evidence  of  the  rights  of  entrymen  on  lands  under  any 
law  of  the  United  States  or  of  this  State,  and  such 
entrymen  shall  be  competent  signers  of  such  petition, 
and  the  lands  on  which  they  have  made  such  entry  shall, 
for  the  purpose  of  said  petition,  be  considered  as  owned 
by  them. 

Petition  to  county  board.  §  2.  A  petition  shall  be  pre- 
sented to  the  board  of  county  commissioners  of  t;he 
county  in  which  the  proposed  district  is  situated,  if 
confined  to  one  county,  otherwise  to  the  board  of  county 
commissioners  of  any  county  selected  by  the  petitioners 
in  which  a  part  of  the  proposed  district  is  situated.  Stch 
petition  shall  be  signed  by  the  required  number  of 
holders  of  title  or  evidence  of  title  to  the  required  area 
of  such  proposed  district,  evidenced  as  above  provided, 
which  petition  shall  set  forth  and  describe  with  the 
degree  of  certainty  required  by  law  in  a  tax  roll  ill 
the  lands  proposed  to  be  included  in  said  district,  aid 
shall  state  whether  it  is  proposed  to  purchase  a  highway 
already  in  operation  or  to  construct  a  new  one,  or  as  t!ie 
case  may  be,  and  shall  pray  that  the  same  be  organlzjd 
into  a  highway  district.  The  petition,  together  with  :\U 
maps,  cross-sections  and  papers  filed  therewith,  shall,  at 
all  proper  hours,  be  open  to  public  inspection  at  t  le 
office  of  the  clerk  of  the  said  board  of  county  co  a- 
missioners  between  the  date  of  their  said  filing  and  tie 
date  of  the   final   hearing  thereon.  j[  |j| 

Maps,  etc.  §3.  If  it  be  proposed  by  said  petitio*" 
construct  a  new  highway,  or  to  purchase  one  only  pi  r- 
tially  completed,  and  not  yet  in  use  or  operation,  tl  e 
petitioners  must  accompany  the  petition  with  a  map  >f 
the  proposed  district.  Said  map  shall  show  approximate  y 
the  location  of  the  proposed  highway  and  the  kind  if 
one  it  is  proposed  to  construct  and  how  it  is  to  be  usi  d 
and  operated,  and  the  same  shall  be  drawn  to  a  sea  e 
of  2  inches  to  the  mile.  Cross-sections  of  the  proposi  d 
highway  shall  be  given  in  sufficient  number  to  show  tl  e 
contemplated  mode  of  construction,  and  the  same  sht  11 
be  drawn  to  a  scale  of  10  feet  to  the  inch,  and  sa  d 
map  and  cross-sections,  together  with  an  estimate  ■  'f 
the  cost  of  one  highway,  shall  be  certified  to  by  a  wt  !1 
known  and  competent  engineer.  The  petitioners  mu  t 
also  accompany  the  petition  with  a  bond,  to  be  approve  d 
by  the  said  board  in  double  the  amount  of  the  probab  e 
cost  to  the  county  of  organizing  such  district,  cone  i- 
tioned  that  the  bondsmen  will  pay  all  said  costs,  in  cai  e 
said  organization  be  not  effected.  Said  petition  maj^  I  e 
filed  with  the  clerk  of  the  said  board  at  any  time,  and 
on  such  filing  said  clerk  shall  publish  a  general  noti(  e 
that  (giving  the  first  name  on  the  petition)  and  othei  s 
have  filed  a  petition  for  the  organization  of  a  highway 
district.  If  it  be  proposed  in  said  petition  to  construct  a 
new  highway,  such  notice  shall  state  that  fact  and  gi^e 
the  numbers  of  the  sections  in  which  the  lands  are  sit- 
uated which  it  is  proposed  to  include  in  said  distric:, 
but  if  it  is  proposed  to  purchase  a  highway  already  ia 
use  or  operation,  the  notice  shall  state  that  fact  and  give 
the  name  by  which  said  highway  is  generally  known  and 
shall  give  the  number  of  the  sections  in  which  the 
lands  are  situated  which  it  is  proposed  to  Include  in  the 
district.  The  notice  shall  further  state  the  time  £t 
which  such  petition  will  be  presented  to  the  said  board, 
which  time  shall  be  at  a  regular  meeting  of  said  board, 
or  at  a  special  meeting  called  for  that  purpose,  and  such 
notice  shall  be  published  at  least  two  weeks  before  the 
day  on  which  the  same  is  to  be  presented  in  a  newii- 
paper  published  in  each  county  within  which  said  pro- 
posed district  is  situated.  When  such  petition  is  pri>- 
sented,  the  said  board  shall  set  a  time  for  a  hearing 
upon  the  same,  which  time  shall  net  be  less  than  four 
nor  more  than  eight  weeks  from  the  date  of '  presenta- 
tion. A  notice  of  the  time  of  such  hearing  shall  be 
published  by  said  board,  at  least  three  weeks  before  the 


TuBLic  Seuvice  Laws 


lij 


time  of  such  hearing,  in  a  newspaper  published  within 
each  of  the  counties  in  which  any  part  of  the  proposed 
district  is  sitiiated.  The  petitioners  may  mend  their 
plans  at  any  hearing  of  the  board.  At  such  hearing  the 
board  may  hear  objections  to  the  organization  of  the 
proposed  district,  and  may  adjourn  such  hearing  from 
time  to  time,  not  exceeding  four  weeks  in  all,  for  that 
purpose  and  on  the  final  hearing  may  make  such  changes 
in  the  proposed  boundaries  as  they  may  find  proper,  and 
shall  make  an  order  on  their  records  describing  the 
lands,  which  they  shall  have  determined  to  include  in 
said  district  and  stating  that  such  lands  will  be  organ- 
ized into  a  highway  district  if  the  vote  of  electors,  there- 
after to  be  taken  on  the  proposition,  shall  be  favorable 
to  such  organization;  provided,  that  any  person  whose 
lands  will  be  benefited  or  enhanced  in  value  by  the  con- 
struction, operation,  use  or  purchase  of  said  highway 
may,  upon  application  by  him,  have  such  lands  included 
in  said  district.  Such  board  shall  also  make  an  order 
dividing  the  district  into  three  divisions  of  as  nearly 
equal  size  as  may  be  practicable,  numbered  consecutively, 
beginning  with  No.  1,  and  one  director,  who  shall  be  an 
elector  and  resident  in  the  divisions,  shall  be  elected 
from   each   division   by   the   district   at   large. 

Submitted  to  popular  vote.  §  4.  Proving  that  the  board 
give  notice  of  an  election  omitted.  Also  §  5,  relating  to 
the  manner  of  conducting  the  election. 

Result  of  election.  §  6.  Immediately  after  any  election 
for  voting  upon  the  organization  of  a  highway  district, 
the  judges  of  said  election  shall  forward  the  official  re- 
sults of  said  election  to  the  said  board.  The  said  board 
shall  meet  within  10  days  after  said. returns  are  received, 
and  shall  proceed  to  canvass  the  votes  cast  thereat, 
and  if  upon  such  canvass  it  appears  that  a  majority  of 
the  votes  cast  •  are  "Highway  District — Yes,"  the  said 
board  shall,  by  order  entered  on  its  minutes,  declare 
such  territory  duly  organized  as  a  highway  district, 
under  the  name  and  style  theretofore  designated,  and 
shall  declare  the  persons  receiving  respectively  the 
highest  number  of  votes  for  such  several  officers  to  be 
duly  elected  to  such  offices.  No  action  shall  be  com- 
menced or  maintained,  or  defense  made,  affecting  the 
validity  of  such  organization  after  two  years  from  ana 
after  the  making  and  entering  of  said  order.  Such  board 
shall  cause  a  copy  of  such  order,  duly  certified,  to  be 
immediately  filed  for  record  in  the  office  of  the  county 
recorder  of  each  county  in  which  any  portion  of  such 
lands  are  situated.  If  it  shall  appear,  however,  that 
more  than  one-half  of  said  votes  are  "Highway  Dis- 
trict— No,"  then  a  record  of  that  fact  shall  be  duly 
er.tered  upon  the  minutes  of  said  board,  and  all  pro- 
ceedings in  regard  to  the  organization  of  said  district 
shall  be  void  and  the  expenses  properly  incurred  there- 
under may  be  collected  on  the  bond  provided  for  in 
§  3.  From  and  after  the  date  of  such  filing  of  said  order 
of  said  board,  the  organization  of  such  district  shall  he 
complete  and  the  officers  thereof  shall  be  notified  to 
enter  immediately  upon  the  duties  of  their  respective 
offlces,  upon  qualifying  according  to  law,  and  shall  hold 
such  offices  respectively  until  their  successors  are  elected 
and  qualified. 

The  board  of  directors  so  elected  shall  meet  within 
30  days  after  their  election  and  elect  a  president  and 
appoint  a  secretary  and  treasurer,  who  shall  perform  the 
duties  imposed  upon  such  officers  under  this  Act.  All 
officers  of  the  district,  except  as  above  provided,  must 
be  residents  thereof.  Such  treasurer  shall  execute  an 
official  bond  in  the  sum  of  $5,000,  to  be  approved  by 
the  board  of  directors  of  the  district;  provided,  that 
when  the  amount  of  money  in  the  hands  of  said  treas- 
urer exceeds  the  sum  of  $5,000,  said  board  of  directors 
shall  require  an  additional  bond,  in  a  sum  at  least 
double  the  amount  of  money  In  the  hands  of  said  treas- 
urer in  excess  of  said  $5,000. 

Directors  to  he  elected  ly  popular  vote.  §  7.  On  the 
second  Tuesday  of  December,  following  the  organization 
of  any  district,  an  election  shall  be  held  at  which  shall 
be  elected  three  directors  by  the  electors  of  the  district 
at  large.  The  term  of  the  office  of  directors  shall  be 
three  years.  The  directors  shall,  immediately  after  the 
first  regular  election  following  such  organization,  be 
selected  by  lot,  so  that  one  shall  hold  his  office  for  the 


term  of  one  year,  one  for  the  term  of  two  years  and 
one  for  the  term  of  three  years,  and  an  election  shall 
be  held  in  each  district  on  the  second  Tuesday  in  De- 
cember of  each  year  thereafter,  at  which  one  director 
shall  be  elected  for  a  term  of  three  years,  or  until  his 
successor  is  elected  and  qualified.  Such  director  must 
bfc!  a  qualified  elector  and  a  resident  of  the  division  of 
the  director  whom  he  is  to  succeed  in  office.  Within 
10  days  after  receiving  the  certificates  of  election  here- 
inafter provided  for,  said  officer  shall  take  and  sub- 
scribe the  official  oath  and  file  the  same  in  the  office 
cf  the  board  of  directors,  and  execute  the  bond  herein- 
after provided  for.  Each  member  of  said  board  of  di- 
rectors shall  execute  an  official  bond  in  the  sum  of 
$5,000,  which  said  bond  shall  be  approved  by  the  judge 
of  the  Probate  Court  of  said  county  where  such  organi- 
zation was  effected,  and  shall  be  recorded  in  the  office 
of  the  county  recorder  thereof  and  filed  with  the  secre- 
tary of  said  board.  All  official  bonds  provided  for  in 
this  Act  shall  be  in  the  form  prescribed  by  law  for  the 
official   bond   of  county  officers. 

Election.  §  8.  Relating  to  notice  of  election  of  such 
three  directors  and  §§  9,  10,  11  and  12  relating  to  the 
manner  of  conducting  such  election,  omitted. 

Result.  §  13.  The  secretary  of  the  board  of  directors 
must,  as  soon  as  the  result  is  declared,  enter  on  the 
records  of  such  board  a  statement  of  such  result,  which 
statement  must  show:  (1)  The  whole  number  of  votes 
cast  in  the  district  and  in  each  voting  precinct  thereof. 
(2)  The  names  of  the  person  or  persons  voted  for.  (3) 
The  office  to  fill  which  each  person  was  voted  for.  (4) 
The  number  of  votes  given  in  each  precinct  to  such 
person  or  persons.  (5)  The  number  of  votes  given  in 
the  district  for  such  person  or  i^ersons.  The  board  of 
directors  must  declare  elected  the  person  or  persons 
having  the  highest  number  of  votes  given  for  each 
office. 

Organization  of  directors.  §  14.  On  the  first  Tuesday 
in  January  next  following  their  election,  the  board  of 
directors  must  meet  and  organize  as  a  board,  elect  a 
president  from  their  number  and  appoint  a  secretary 
and  treasurer,  who  shall  each  hold  office  during  the 
pleasure  of  the  board.  On  the  organization  of  the  first 
board  of  directors  of  any  such  district,  they  shall  desig- 
nate some  place  within  the  district  as  the  office  of 
said  board  and  said  board  shall  hold  a  regular  monthly 
meeting  in  their  office  on  the  first  Tuesday  in  every 
month,  and  such  special  meetings  as  may  be  required 
for  the  proper  transaction  of  business;  provided,  that 
all  such  special  meetings  must  be  ordered  by  the  presi- 
dent or  a  majority  of  the  board,  the  order  must  be 
entered  of  record,  and  the  secretary  must  give  each 
member  not  joining  in  the  order  five  days'  notice  of 
such  special  meetings.  The  order  must  specify  the  busi- 
ness to  be  transacted  at  such  special  meeting  and  none 
other  than  that  specified  shall  be  transacted;  provided, 
further,  that  whenever  all  members  of  the  board  are 
present,  however  called,  the  same  shall  be  deemed  a 
legal  meeting  and  any  lawful  business  may  be  transacted. 
All  meetings  of  the  board  must  be  public  and  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness; but  on  all  questions  requiring  a  vote  there  shall 
be  a  concurrence  of  at  least  a  majority  of  the  members 
of  the  board.  All  records  of  the  board  shall  be  open  to 
the  inspection  of  any  elector  during  business  hours. 

Powers  of  hoard  of  directors.  §  15.  Said  board  shall 
have  the  power  to  manage  and  conduct  the  business  and 
affairs  of  the  district;  manage,  maintain,  operate  or  lease 
the  highway  or  highways  thereof;  make  and  execute  all 
necessary  contracts;  employ  and  appoint  such  agents,  offi- 
cers and  employes  as  may  be  required,  and  prescribe  their 
duties;  and  to  establish  such  equitable  by-laws,  rules  and 
regulations  for  the  use  and  operation  of  the  highway  or 
highways  as  may  be  necessary  and  just  in  the  use  and  op- 
eration of  the  highway  or  In  leasing  the  same.  Said  by- 
laws, rules  and  regulations  must  be  printed  in  convenient 
form  and  posted  in  conspicuous  places  for  the  accommoda- 
tion of  the  public.  The  board  and  its  agents  and  employes 
shall  have  the  right  to  enter  upon  any  land  to  make  sur- 
veys, and  may  locate  the  necessary  highway  or  highways, 
and  the  line  or  lines  thereof  and  the  necessary  branches 
for  the  same  and  grounds  for  station,  depots,  terminals. 


416 


National  Association  ot  Eailwat  Commissionees 


m 


aide  tracks,  shops,  power  and  other  appurtenances  and  for 
any  other  purposes  necessary  or  incidental  to  the  construc- 
tion, extension,  improvement  or  operation  of  any  railroad 
or  other  highway  on  any  lands  which  may  be  deemed  best 
for  such  location,  and  said  board  shall  have  the  right  to 
acquire,  either  by  purchase,  condemnation  or  other  legal 
means,  ail  lands  and  other  property  necessary  for  such 
purposes,  including  highways  constructed  and  being  con- 
structed by  private  owners,  and  water,  electric  and  other 
motive  power  and  power  sites  and  transmission  lines  with 
their  appurtenances  and  all  lands  necessary  thereto  or 
therefor,  it  being  intended  hereby  to  authorize  the  acquisi- 
tion by  said  board  of  any  and  all  property  that  may  6e  re- 
quired in  the  use  and  operation  of  a  railroad  or  electric 
road  or  other  highway  capable  of  furnishing  a  means  of 
transportation  for  freight  and  passengers,  including  the 
necessary  appurtenances,  fixtures  and  equipment  of  every 
kind  and  character.  In  case  of  purchase,  the  bonds  of 
the  district  hereinafter  provided  for  may  be  used  to 
their  par  value  in  payment.  Said  board  may  also  con- 
struct necessary  dams,  reservoirs  and  other  works  for 
the  generation  of  power  and  do  any  and  every  lawful 
act  necessary  to  be  done  that  the  highway  may  be  used, 
operated  and  maintained  in  a  suitable  and  proper  manner. 

Road  owned  by  the  district.  §  16.  The  legal  title  to  all 
property  acquired  under  the  provisions  of  this  Act  shall 
Immediately  and  by  operation  of  law  vest  in  such  high- 
wa'y  district,  and  shall  be  held  by  such  district  in 
trust  for,  and  is  here  dedicated  and  set  apart  to,  the 
uses  and  purposes  set  forth  in  this  title.  Said  board  is 
hereby  authorized  and  empowered  to  hold,  use,  acquire, 
manage,  occupy,  possess  and  lease  said  property  as 
herein   provided. 

§  17.  The  said  board  is  hereby  authorized  and  em- 
powered to  take  conveyance  or  other  assurances  for  all 
property  acquired  by  it  under  the  uses  and  provisions 
of  this  Act,  in  the  name  of  such  highway  district,  to 
and  for  the  purpose  herein  expressed,  and  to  institute 
and  maintain  any  and  all  actions  and  proceedings,  suits 
at  law  and  in  equity,  necessary  or  proper  in  order  to 
fully  carry  out  the  provisions  of  this  Act,  or  to  enforce, 
maintain,  protect  or  preserve  any  and  all  rights,  privi- 
leges and  immunities  created  by  this  Act  or  acquired  In 
pursuance  thereof.  In  all  courts,  actions,  suits  or  pro- 
ceedings, the  said  board  may  sue,  appear  and  defend. 
In  person  or  by  attorneys,  and  in  the  name  of  such 
highway  district. 

Pay  of  directors.  §  18.  The  memDers  of  the  board  of 
directors  shall  each  receive  not  more  than  |3  per  day 
for  each  day  spent  attending  the  meetings,  or  while 
engaged  in  official  business  under  the  order  of  the 
board,  together  with  their  actual  and  necessary  expenses 
Incurred  in  the  performance  of  their  official  duties.  The 
board  shall  fix  the  compensation  to  be  paid  to  the  other 
officers  named  in  this  Act,  to  be  paid  out  ot  the  treas- 
ury of  the  district;  provided,  that  said  board  shall,  upon 
the  petition  of  fifty,  or  a  majority  of  the  freeholders 
within  such  district,  submit  to  the  electors  at  any  general 
election  a  schedule  of  salaries  and  fees  to  be  paid  there- 
under. Such  petition  must  be  presented  to  the  board 
within  20  days  prior  to  a  general  election,  and  the 
result  of  such  election  shall  be  determined  and  declared 
in  all  respects  as  all  other  elections  are  determined  and 
declared  under  this  Act.  No  director  or  any  other 
officer  named  in  this  Act  shall  in  any  manner  be  In- 
terested, directly  or  indirectly,  in  any  contract  awarded, 
or  to  be  awarded  by  the  board,  or  in  the  profits  to  be 
derived  therefrom;  and  for  any  violation  of  these  pro- 
visions, such  officer  shall  be  deemed  guilty  of  a  mis- 
demeanor and  such  conviction  shall  work  a  forfeiture 
of  his  office,  and  he  shall  be  punished  by  a  fine  not 
exceeding  $500,  or  by  imprisonment  in  the  county  jail 
not  to  exceed  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

Popular  vote  on  special  assessment.  §  19.  The  board 
of  directors  may  at  any  time,  when  in  their  judgment 
It  may  be  advisable,  call  a  special  election  and  submit, 
to  the  qualified  electors  of  the  district,  the  question 
whether  or  net  a  special  assessment  shall  be  levied  for 
the  purpose  of  raising  money  to  be  applied  to  any  of 
the  purposes  provided  in  this  Act.  Such  election  must 
be  held  upon  the  notice  prescribed  and  the  same  shall 


11 


be  held,  and  the  result  thereof  determined  and  declared 
in  all  respects  in  conformity  with  the  provisions  of  §  23. 
The  notice  must  specify  the  amount  cf  money  proposed 
to  be  raised,  and  the  purpose  for  which  it  is  intended 
to  be  used.  At  such  election  the  ballots  shall  contain 
the  words  "Assessment — Yes"  or  "Assessment — No."  If 
two-thirds  or  more  of  the  vote  cast  are  "Assessment — 
Yes,"  the  board  shall  immediately  levy  an  assessment 
sufficient  to  raise  the  amount  voted.  The  assessment 
so  levied  shall  be  computed  and  entered  on  the  assess- 
ment roll  by  the  secretary  of  the  board  and  collected  at 
once  and  in  the  same  manner  as  other  assessments  pro- 
vided for  herein;  and,  when  collected,  shall  be  paid 
Into  the  district  treasury  for  the  purposes  specified  in 
the  notice  of  such  special  election. 

Limitation  on  power  to  issue  bonds.  §  20.  The  board 
cf  directors,  or  other  officers  of  the  district,  shall  have 
no  power  to  incur  any  debt  or  liability  whatever,  either 
by  issuing  bonds  or  otherwise,  in  excess  of  the  express 
provisions  of  this  Act,  and  any  debt  or  liability  incurred 
in  excess  of  such  express  provisions  shall  be  and  remain 
absolutely  void;  provided,  that  for  the  purpose  cf  or- 
ganization or  for  any  of  the  purposes  of  this  Act,  th'3 
board  of  directors  may,  before  the  collection  of  the  first 
assessment,  incur  an  indebtedness  not  exceeding  in  tho 
aggregate  the  sum  of  $3,000,  and  cause  warrants  cf  th( 
district  to  issue  therefor,  bearing  interest  at  7  per  ci 
per  annum. 

Financial  statement.  §  21.  On  or  before  the  first  Tui 
day  of  February  of  each  year,  the  board  of  directors  o' 
each  highway  district  organized  under  this  Act  shal 
publish  in  at  least  one  issue  of  some  newspaper  pub 
lished  in  the  county  or  counties  in  which  such  distric' 
is  situated,  a  full,  true  and  correct  statement  of  th< 
financial  condition  cf  said  district  on  the  first  Mondaj 
of  the  preceding  January,  giving  a  statement  of  al 
liabilities  and  assets  of  the  district  on  such  first  Mondaj 
of  January. 

Access  to  books,  i  22.  Any  board  of  directors  of  anj 
such  highway  district,  or  the  secretary  thereof,  shall  al 
any  time  allow  any  member  of  said  board  of  county 
commissioners,  when  acting  under  the  order  of  such 
board,  to  have  access  to  all  books,  records  and  vouchers 
of  the  district  which  are  in  the  possession  or  control  of 
said  board  of  directors  or  said  secretary  of  said  board. 

Directors  to  formulate  plan — Election  as  to  proposed 
bond  issue.  §  23.  As  soon  as  practicable  after  the  organ- 
ization of  any  highway  district  the  board  of  directors 
shall,  by  a  resolution  entered  on  its  records,  formulate 
a  general  plan  of  its  proposed  operations,  in  which  it 
shall  state  what  constructed  works  or  other  property  it 
proposes  to  purchase  and  the  cost  of  purchasing  the 
same;  and  further,  what  construction  it  proposes  to  do 
and  how  it  proposes  to  raise  the  funds  for  carrying  out 
said  plan.  For  the  purpose  of  ascertaining  the  cost  of 
any  such  construction  work,  said  board  shall  cause  such 
surveys,  examinations  and  plans  to  be  made  as  shall 
demonstrate  the  practicability  of  such  plan,  and  fur- 
nish the  proper  basis  for  an  estimate  of  the  cost  of 
carrying  out  the  same.  All  such  surveys,  examinations, 
maps,  plans  and  estimates  shall  be  made  under  the  direc- 
tion of  a  competent  engineer  and  certified  by  him.  Upon 
receiving  the  same,  said  board  of  directors  shall  pro- 
ceed to  determine  the  amount  of  money  necessary  to  be 
raised,  and  shall  immediately  thereafter  call  a  special 
election,  at  which  shall  be  submitted  to  the  electors  of 
said  district  possessing  the  qualifications  prescribed  by 
this  Act,  the  question  whether  or  not  the  bonds  of  said 
district  in  the  amount  as  determined  shall  be  authorized. 
Notice  of  such  election  must  be  given  by  posting  notices 
in  three  public  places  in  each  election  precinct  in  said 
district  at  least  four  weeks  before  the  date  of  said  elec- 
tion, and  the  publication  thereof  for  the  same  length  of 
time  in  some  newspaper  published  in  the  district,  and 
in  case  no  paper  is  published  in  the  district,  then  in  a 
paper  published  in  each  county  in  which  the  district  or 
any  part  thereof  is  located.  Such  notice  must  specify 
the  time  of  holding  the  election,  amount  of  bonds  pro- 
posed to  be  Issued,  and,  in  case  such  maps  and  estimates 
have  been  made,  it  shall  further  state  that  copies  thereof 
are  on  file  and  open  to  public  inspection  by  the  people 
of  the  disti-ict,  at  the  office  of  said  board.     S^d  election 


Public  Service  Laws 


417 


must  be  held  and  the  results  thereof  determined  and 
declared  in  all  respects  as  nearly  as  practicable  in  con- 
formity with  the  provisions  of  this  Act  governing  the 
election  of  officers;  provided,  that  no  informalities  in 
conducting  such  an  election  shall  invalidate  the  same 
if  the  election  shall  have  been  otherwise  fairly  con- 
ducted. At  such  election  the  ballots  shall  contain  the 
words  "Bends — Yes"  or  "Bonds — No,"  or  other  words 
equivalent  thereto.  If  a  majority  of  the  votes  cast  are 
"Bonds — Yes,"  the  board  of  directors  shall  cause  bonds 
in  said  amount  to  be  issued;  if  a  majority  of  the  votes 
cast  at  any  bond  election  are  "Bonds — No,"  the  result 
of  such  election  shall  be  so  declared  and  entered  of 
record.  And  whenever  thereafter  said  board,  in  its 
judgment,  deems  it,  for  the  best  interest  of  the  district, 
that  the  question  of  the  issuance  of  bonds  in  said  amount, 
or  any  other  amount,  shall  be  submitted  to  the  electors, 
it  shall  so  declare  of  record  in  Its  minutes,  and  may 
thereupon  submit  such  question  to  said  electors  in  the 
same  manner  and  with  like  effect  as  at  such  previous 
election. 

Bonds — How  payable,  etc.  §  24.  The  bonds  authorized 
by  any  vote  shall  be  designated  as  a  series  and  a  series 
shall  be  numbered  consecutively  as  authorized.  The  por- 
tion of  the  bonds  of  a  series  sold  at  any  time  shall  be 
designated  as  an  issue,  and  each  issue  shall  be  num- 
bered in  its  order.  The  bonds  of  each  Issue  shall  be 
numbered  consecutively,  commencing  with  those  earliest 
falling  due,  and  they  shall  be  designated  as  eleven-year 
bonds,  twelve-year  bonds,  etc.  They  shall  be  negotiable 
in  form  and  payable  in  money  of  the  United  States  as 
follows,  to-wit:  At  the  expiration  of  11  years  from  such 
issue,  5  per  cent  of  the  whole  number  of  bonds  of  such 
Issue;  at  the  expiration  of  12  years,  6  per  cent;  at  the 
expiration  of  13  years,  7  per  cent;  at  the  expiration  of  14 
years,  8  per  cent;  at  the  expiration  of  15  years,  9  per  cent; 
at  the  expiration  of  16  years,  10  per  cent;  at  the  expiration 
of  17  years,  11  per  cent;  at  the  expiration  of  18  years,  13 
per  cent;  at  the  expiration  of  19  years,  15  per  cent;  at  the 
expiration  of  20  years,  16  per  cent;  provided,  that  such  per- 
centages may  be  changed  sufficiently  so  that  every  bond 
shall  be  in  an  amount  of  ?100  or  a  multiple  thereof,  and  the 
above  provisions  shall  not  be  construed  to  require  any 
single  bond  to  fall  due  in  partial  payments.  Interest  cou- 
pons shall  be  attached  thereto  and  all  bonds  and  coupons 
shall  be  dated  on  January  1  or  July  1  next  following  the 
date  of  their  authorization  and  they  shall  bear  interest  at  a 
rate  not  to  exceed  7  per  cent  per  annum,  payable  semi- 
annually on  the  first  day  of  January  and  July  of  each  year. 
The  principal  and  interest  shall  be  payable  at  the  place 
designated  therein.  Said  bonds  shall  be  each  of  the 
denomination  of  not  less  than  $100  nor  more  than  $1,000, 
and  shall  be  signed  by  the  president  and  secretary,  and 
the  seal  of  the  board  of  directors  shall  be  affixed  thereto. 
Coupons  attached  to  each  bond  shall  be  signed  by  the 
secretary.  Said  bonds  shall  express  on  their  face  that 
they  were  issued  by  the  authority  of  this  Act,  naming 
it,  and  shall  also  state  the  number  of  the  issue  of 
which  such  bonds  are  a  part.  The  secretary  and  treasur- 
er shall  each  keep  a  record  of  the  bonds  sold,  their 
number,  the  date  of  sale,  the  price  received,  and  the 
name  of  the  purchaser.  In  case  the  money  raised  by 
the  sale  of  all  the  bonds  be  insufficient  for  the  comple- 
tion of  the  plans  and  works  adopted,  and  additional 
bonds  be  not  voted,  it  shall  be  the  duty  of  the  board 
of  directors  to  provide  for  the  completion  of  said  plans 
by  a  levy  of  assessment  therefor  in  the  manner  herein- 
after  provided. 

Assessment  of  benefits.  §  25.  Whenever  the  electors 
shall  have  authorized  an  issue  of  bonds  as  heretofore 
provided,  the  board  of  directors  shall  examine  each 
tract  or  legal  subdivision  of  land  in  said  district,  and 
shall  determine  the  benefits  which  will  accrue  to  each 
of  such  tracts  or  subdivisions  from  the  construction  or 
purchase  of  such  highway;  and  the  cost  thereof  shall 
be  apportioned  or  distributed  over  such  tracts  or  sub- 
divisions of  land  in  proportion  to  such  benefits,  and 
the  amount  so  apportioned  or  distributed  to  each  of  said 
tracts  or  subdivisions  shall  be  and  remain  the  basis 
for  fixing  the  annual  assessments  levied  against  such 
tracts  or  subdivisions  in  carrying  out  the  purposes  of 
this  Act.  Such  board  of  directors  shall  make  or  cause 
to  be  made  a  list  of  such  apportionment  or  distribution 


of  cost,  and  the  name  of  the  owner  thereof;  or  they  may 
prepare  a  map  on  a  convenient  scale,  showing  each 
of  said  subdivisions  or  tracts,  with  the  rate  per  acre  of 
such  apportionment  entered  thereon;  provided,  that 
where  all  lands  or  any  map  or  section  of  a  map  are 
assessed  at  the  same  rate  a  general  statement  to  that 
effect  shall  be  sufficient.  In  case  any  town,  village  or 
city,  or  any  part  thereof,  whether  organized  under  a 
special  charter  or  under  the  general  laws  of  the  State, 
is  included  within  a  highway  district,  the  lots,  blocks 
and  tracts  of  land  therein  (which  lots  and  blocks  are  in- 
cluded wherever  the  word  "land"  or  its  equivalent,  is 
used  In  this  Act)  shall  likewise  and  in  the  same  manner 
be  assessed  in  proportion  to  the  benefits  to  be  derived 
from  such  highway;  provided,  that  the  apportionment  or 
distribution  of  costs  among  said  lots  shall  be  listed  per 
square  foot.  A  copy  of  said  list  or  map  shall  remain  in 
the  office  of  said  board  of  directors  for  public  inspec- 
tion. Whenever  thereafter  any  assessment  is  made, 
either  in  lieu  of  bonds,  or  any  annual  assessment  for 
raising  the  interest  on  bonds,  or  any  portion  of  the 
principal  or  the  expenses  of  maintaining  the  property 
of  the  district,  or  any  special  assessment  voted  by  the 
electors,  it  shall  be  spread  upon  the  said  lands  and  lots 
in  the  same  proportion  as  the  assessment  of  benefits, 
and  the  whole  amount  of  the  assessment  of  benefits  shall 
equal  the  amount  of  bonds  or  other  obligations  author- 
ized  at  the  election   last  above   mentioned. 

Notice  to  owners  of  land.  §  26.  Providing  for  notice 
to    owners    and    hearing,    omitted. 

Proceeding  in  District  Court.  §  27.  The  board  of  direc- 
tors of  the  highway  district  shall  file  in  the  district  court 
of  the  county  in  which  their  office  is  situated  a  petition 
praying  in  effect  that  the  proceedings  aforesaid  may  be 
examined,  approved  and  confirmed  by  the  court.  The 
petition  shall  state  generally  that  the  highway  district 
was  duly  organized  and  the  first  board  of  directors 
elected,  that  due  and  lawful  proceedings  were  taken  to 
issue  bonds  in  an  amount  to  be  stated,  and  that  said 
assessment  list  and  apportionment  were  duly  made  and 
a  copy  of  said  assessment  list  and  apportionment  shall 
be  attached  to  said  petition,  but  the  petition  need  not 
state  other  facts  showing  such  proceedings;  provided, 
that  after  the  organization  of  the  district  is  complete, 
a  petition  may  be  filed  for  the  confirmation  of  the 
proceedings  so  far,  or  after  the  authorization  of  any 
issue  of  bonds  such  petition  may  be  so  filed,  and  where 
the  procedure  is  by  separate  petitions  for  the  confirmation 
of  different  portions  of  said  proceedings,  subsequent 
proceedings  may  be  in  the  name  of  reopening  of  the 
same  case,  but  shall  not  be  considered  as  authorizing 
any  rehearing  of  the  matter  theretofore  heard  and  de- 
cided. 

Hearing.  §  28.  The  court  or  judge  shall  fix  the  time 
for  the  hearing  of  said  petition,  and  shall  order  the 
clerk  of  the  court  to  give  and  publish  a  notice  of  the 
filing  of  said  petition.  The  notice  shall  be  given  and 
published  in  a  newspaper  published  In  the  same  county 
for  four  successive  weeks.  The  notice  shall  state. the 
time  and  place  fixed  for  the  hearing  of  the  petition,  and 
the  prayer  of  the  petition,  and  that  any  person  interested 
in  the  subject  matter  of  said  petition  may,  on  or  before 
the  day  fixed  for  the  hearing  thereof,  demur  to  or 
answer  said  petition.  None  of  the  pleadings  in  said 
matter  need  be  sworn  to.  Every  material  statement  of 
the  petition  not  controverted  by  answer  must  be  taken 
as  true,  and  every  person  or  party  failing  to  answer  the 
petition  shall  be  deemed  to  have  admitted  all  the  ma- 
terial allegations  of  the  petition.  The  rules  of  pleadings 
and  practice  provided  by  the  Code  of  Civil  Procedure 
of  the  Idaho  Revised  Codes  which  are  not  inconsistent 
with  this  Act  are  applicable  to  the  special  proceedings 
herein  provided  for.  A  motion  for  new  trial  and  all  pro- 
ceedings in  the  nature  of  appeals  or  rehearing  may  ba 
had   as   in   any  ordinary  suit  at  law. 

Decree.  §  29.  Relating  to  hearing  decree  and  appor- 
tionment of  costs,  omitted. 

Sale  of  bonds.  §  30.  Providing  that  the  board  may  sell 
such  bonds  from  time  to  time  in  such  quantities  as  may- 
be necessary,  etc.,  omitted. 

Bonds,  how  payable.  §  31.  Said  bonds  and  the  interest 
thereon  shall  be  paid  by  revenue  derived  from  the  annual 


418 


National  Association  of  Eailway  Commissioners 


assessment  upon  the  lots  and  land  in  the  district;  and  all 
the  lots  and  land  in  the  district  shall  be  and  remain  liable 
to  be  assessed  for  such  payment. 

Redemption  of  bonds.  §  32.  Upon  the  presentation  of 
the  coupons  due  to  the  treasurer,  he  shall  pay  the  same 
from  the  bond  fund.  Whenever,  after  10  years  from  the  is- 
suance of  said  bonds,  said  fund  shall  amount  to  the  sum  of 
?10,000,  the  board  of  directors  may  direct  the  treasurer 
to  pay  such  an  amount  of  said  bonds  not  due  as  the  money 
in  said  fund  will  redeem,  at  the  lowest  value  at  which 
they  may  be  offered  for  liquidation,  after  advertising  for 
at  least  four  weeks  in  some  newspaper  published  in  the 
county,  and  in  other  newspapers  which  said  board  may 
deem  advisable,  for  sealed  proposals  for  the  redemption  of 
said  bonds.  Said  proposals  shall  be  opened  by  the  board 
in  open  meeting  at  a  time  to  be  named  in  the  notice,  and 
the  lowest  bid  for  said  bonds  must  be  accepted:  Provided, 
That  no  bonds  shall  be  redeemed  at  a  rate  above  par.  In 
case  the  bids  are  equal,  the  lowest  numbered  bond  shall 
have  the  preference.  In  case  none  of  the  holders  of  said 
bonds  shall  desire  to  have  the  same  redeemed,  as  herein 
provided  for,  said  money  shall  be  invested  by  the  treasurer 
under  the  direction  of  the  board,  in  United  States  bonds 
or  the  bonds  or  warrants  of  the  State,  or  municipal  or 
school  bonds,  which  shall  be  kept  in  said  bond  fund  and 
may  be  used  to  redeem  said  district  bonds  whenever  the 
holders  thereof  may  desire. 

Special  assessment.  §  §  33-41.  Bescribing  the  method  of 
raising  money  by  special  assessment,  omitted. 

Advertisement  for  lids  for  the  work.  §  42.  After  adopt- 
ing a  plan  for  said  highway  or  highways  and  other  works 
the  board  of  directors  shall  give  notice  by  publication 
thereof  not  less  than  thirty  days  in  one  newspaper  pub- 
lished in  each  of  the  counties  comprising  the  district,  if  a 
newspaper  is  published  therein,  and  in  such  other  news- 
paper as  they  may  deem  advisable,  calling  for  bids  for  the 
construction  of  such  highway  and  other  works,  or  any  por- 
tion thereof.  If  less  than  the  whole  work  Is  advertised, 
then  the  portion  so  advertised  must  be  particularly  de- 
scribed in  such  notice.  Said  notice  shall  set  forth  that 
plans  and  specifications  can  be  seen  at  the  office  of  the 
board,  and  that  the  board  will  receive  sealed  proposals 
therefor,  and  that  the  contract  will  be  let  to  the  lowest 
responsible  bidder,  stating  the  time  and  place  for  opening 
said  proposals,  which,  at  the  time  and  place  appointed, 
shall  be  opened  in  public ;  and  as  soon  as  convenient  there- 
.^fter  the  board  shall  let  said  work,  either  in  portions  or  as 
a  whole,  to  the  lowest  responsible  bidder,  or  they  may  re- 
ject any  and  all  bids  and  readvertise  for  proposals.  Con- 
tracts for  the  purchase  of  the  material  shall  be  awarded 
to  the  lowest  responsible  bidder.  Any  person  or  persons 
to  whom  a  contract  may  be  awarded  shall  enter  into  a 
bond,  with  good  and  sufficient  sureties,  to  be  approved  by 
the  board,  payable  to  said  district  for  its  use,  for  twenty- 
five  per  cent  of  the  amount  of  the  contract  price,  condi- 
tioned upon  the  faithful  performance  of  said  contract.  The 
work  shall  be  done  under  the  direction  and  to  the  satisfac- 
tion of  the  engineer  employed  by  the  district,  and  approved 
by  the  board;  provided,  that  no  contract  of  any  kind  shall 
be  let  by  said  board  of  directors  unless  there  is  suflicient 
money  in  the  district  treasury  at  the  time  such  contract 
is  let,  available  for  such  payment,  to  fully  pay  for  the 
work  or  material  so  contracted  for. 

Directors  may  do  the  work.  §  43.  On  a  petition  of  50 
or  a  majority  of  the  owners  of  the  land  in  said  district,  to 
be  determined  as  provided  by  §  1  of  this  Act,  the  board  of 
directors  may  do  any  work  mentioned  in  the  preceding 
section  on  behalf  of  the  district,  and  it  may  use  the  con- 
struction fund  therefor;  in  such  case  they  need  not  pub- 
lish notice  for  bids  as  provided  in  the  last  preceding  sec- 
tion. 

Claims  paid  upon  icarrant  only.  §  44.  No  claim  shall 
be  made  by  the  treasurer  until  allowed  by  the  board,  and 
only  upon  a  warrant  signed  by  the  president  and  counter- 
signed by  the  secretary. 

Cost  paid  out  of  construction  fund.  §  45.  The  cost  and 
expense  of  purchasing  and  acquiring  property  and  con- 
structing works  and  improvements  to  carry  out  the  formu- 
lated plan,  shall  be  paid  out  of  the  construction  fund.  For 
the  purpose  of  defraying  the  expenses  of  the  organization 
of  the  district,  and  of  the  care,  operation,  management, 
repair  and  improvement  of  such  portion  of  said  highway 
and  works  as  are  completed  and  in  use.  Including  salaries 
of  officers  and  employes,  the  board  may  levy  assessment 


therefor.  The  procedure  for  levying  and  collection  of  as- 
sessments shall  conform  to  the  provisions  of  this  Act  re- 
lating to  the  payment  of  principal  and  interest  of  bonds. 
All  assessments  shall  be  listed  and  carried  out  in  the  regu- 
lar assessment  book  and  collected  by  the  treasurer  at  the 
time  and  in  the  manner  of  the  regular  annual  assessment. 
All  special  assessments  are  a  lien  on  the  lands  assessed 
from  the  time  when  they  are  ordered.  Whenever  an  as- 
sessment book  shall  be  delivered  to  the  treasurer,  the  sec- 
retary shall  charge  the  treasurer  with  the  total  amount 
of  the  various  amounts  as  carried  out  in  said  books.  On 
the  second  Monday  of  January  in  each  year  the  treasurer 
shall  make  a  semi-annual  settlement  with  the  secretary,  and 
deliver  to  the  secretary  a  statement  in  brief  of  all  assess- 
ments delinquent  at  that  time  and  account  for  all  sums 
theretofore  collected.  On  the  second  Monday  of  July  the 
treasurer  shall  make  final  settlement  with  the  secretary 
and  deliver  to  the  secretary  a  duplicate  delinquent  list 
and  account  for  all  sums  not  shown  on  said  delinquent  list. 
The  secretary  shall  then  charge  the  treasurer  with  the 
amount  of  said  list  and  penalties  added,  and  upon  receiv- 
ing the  afiidavit  of  publication  thereof  he  shall  charge  the 
treasurer  with  25  cents  additional  for  each  description  pub- 
lished. On  the  first  Monday  after  the  sale,  the  treasurer 
shall  make  final  settlement  for  assessments,  by  receiving 
credit  for  the  property  sold  to  the  district  and  accounting 
for  all  of  the  balance. 

Road  may  cross  streams,  etc.    §  46.    The  board  of  direc- 
tors  shall  have  power  to  construct  the  said  highway  or 
other   works   across  any   stream   of  water,   water  course, 
street,    avenue,   highway,   railway,    canal,  ditch   or   flum< , 
which  the  route  of  said  highway  or  highways  may  intei- 
sect  or  cross,  in  such  manner  as  to  afford  security  for  lif ; 
and  property;  but  said  board  shall  restore  the  same  when 
so  crossed  or  intersected,  to  its  former  state  as  near  ai 
may  be,  or  in  a  sufficient  manner  not  to  have  impaired 
unnecessarily   its  usefulness;    and   every   company  whoS'i 
railroad  shall  be  crossed  or  intersected  by  said  work,  shal; 
unite  with   said  board   in  forming  said  intersections  am 
crossings  and  grant  the  privileges  aforesaid;  and  if  sucl, 
railroad  company  and  said  board,  or  the  owners  and  con 
trollers  of  said  property,  thing  or  franchise  to  be  crossed 
cannot  agree  upon  the  amount  to  be  paid  therefor,  or  upoi 
the  points  or  in  the  manner  of  said  crossings  or  intersec 
tions,  the  same  shall  be  ascertained  and  determined  in  al 
respects   as  herein   provided   in  respect  to  the   takingj 
land. 

Right  of  way  over  State  land.  §  47.  The  right  of 
is  hereby  given,  dedicated  and  set  apart,  to  locate,  con 
struct  and  maintain  said  works  over  and  through  any  of  th( 
lands  which  are  now  or  may  be  the  property  of  the  state 

Eminent  domain.  §  48.  All  highway  districts  organlze( 
under  the  laws  of  the  State  of  Idaho  shall  have  the  righ- 
of  eminent  domain,  with  the  power,  by  and  through  theii 
boards  of  directors,  to  cause  to  be  condemned  and  ap 
priated  in  the  name  of  and  for  the  use  of  said  districts 
all  lands,  water  rights,  reservoirs,  canals  and  works  con 
structed  or  being  constructed  by  private  owners  and  landf 
for  reservoirs  for  the  storage  of  needful  waters  and  al 
necessary  appurtenances  and  other  property  necessarj 
for  the  construction,  use  and  operation,  supply,  mainten 
ance,  repair  and  improvement  of  said  highway  and  othei 
works.  Said  highway  districts  shall  have  the  right  by  anc 
through  their  boards  of  directors  to  acquire,  by  purchase 
or  other  legal  means,  any  or  all  of  the  property  mentionec 
and  referred  to  in  this  section,  wherein  said  highway  dis 
trict  is  a  party,  the  plaintiff  must,  within  six  months  aftei 
final  judgment,  pay  the  sum  of  money  assessed,  or  sale 
judgment  will  be  annulled.  Except  as  otherwise  pro 
vided  in  this  Act,  the  provisions  of  the  laws  of  Idaho  rela- 
tive to  the  right  of  eminent  domain,  civil  actions  and  ne\* 
trials  and  appeals,  shall  be  applicable  to  and  constitute  th« 
rules  of  practice  in  condemnation  proceedings  by  sale 
highway  districts. 

Boundaries  of  district  may  6e  enlarged.  1 49.  Th«. 
boundaries  of  any  highway  district  may  be  changed  by  ex 
eluding  therefrom  land  included  therein  or  by  annexin|: 
thereto  additional  land  upon  petition,  as  in  the  case  of  irri- 
gation districts,  and  the  provisions  of  the  district  irriga- 
tion law  of  the  state  relating  to  a  change  of  boundaries 
of  irrigation  districts  shall  be  applicable  to  changes  of 
boundaries  of  highway  districts,  the  necessary  changes  or 
substitutions  to  give  effect  to  the  objects  and  purposes 
of  this  Act  being  made  therein. 


li 


Public  Service  Laws 


419 


Districts  may  combine.  §  50.  Providing  that  two  con- 
tiguous highway  districts  may  combine.  Omitted,  also 
§  51,  52,  53  and  54. 

Navigation.  §  55.  Navigation  shall  never  in  anywise 
be  impaired  by  the  operation  of  this  Act,  and  nothing 
herein  contained  shall  be  construed  as  authorizing  the  ap- 
propriation of  water  rights,  or  the  acquisition  of  power, 
dam  or  reservoir  sites,  or  the  construction,  repair,  im- 
provement or  development  thereof  except  as  provided  by 
the  law  of  the  state  relating  to  water  rights,  power,  dam 
and  reservoir  sites. 

Road  not  to  ie  sold.  §  56  The  title  to  all  highways 
purchased  or  constructed  in  whole  or  in  part  under  the 
provisions  of  this  Act  shall  remain  the  property  of  the 
district  and  shall  not  be  sold  or  disposed  of  thereby  unless 
hereafter  authorized  to  be  sold  by  a  subsequent  Act  of  the 
Legislature. 

Road  exempt  from  taxation.  |  57.  The  property  of  high- 
way districts  organized  under  the  provisions  of  this  Act 
shall  be  exempt  from  taxation  until  otherwise  provided 
by  law. 

In  effect  forthwith.  §  58.  An  emergency  existing  there- 
for, this  Act  shall  be  in  effect  from  and  after  its  passage 
and  approval. 

Approved  March  15,  1909. 

TAXATION  OF  CAR  COMPANIES. 
Be  it  enacted  ly  the  legislature  of  the  State  of  Idaho: 

Car  companies—How  assessed.  §  1.  That  the  property 
of  car  companies  shall  be  annually  assessed  as  prescribed 
in  this  Act  by  the  State  board  of  equalization. 

Annual  report  by  each  company  required.  §  2.  The 
president  or  other  chief  officer  of  every  car  company,  mer- 
cantile or  other  company  or  corporation,  other  than  a  rail- 
road company  operating  a  line  of  railroad,  and  every 
firm,  corporation  or  individual  owning  or  operating  any 
stock  cars,  furniture  cars,  refrigerator  cars,  fruit  cars, 
poultry  cars,  tank  cars,  or  any  other  kind  of  cars  except 
sleeping  cars  through,  in  or  into  the  State  of  Idaho,  shall, 
on  or  before  the  second  Monday  in  August  of  each  year, 
make  to  the  state  auditor  a  true,  full  and  accurate  state- 
ment, verified  by  the  affidavit  of  the  officer  or  person  mak- 
ing the  report,  showing  the  aggregate  number  of  miles 
made  by  their  cars  on  the  several  lines  of  railroad  in  this 
State  ending  with  the  first  day  of  August  last  past,  and  a 
further  statement  showing  the  average  number  of  miles 
traveled  per  day  of  a  particular  class  covered  by  the  state- 
ment in  the  ordinary  course  of  business  during  the  year, 
and  the  total  number  of  cars  owned  by  said  company,  indi- 
vidual or  firm. 

Contents.  §  3.  The  president  or  other  officer  of  every 
railroad  company  whose  lines  run  through,  in  or  into  this 
state,  shall,  on  or  before  the  second  Monday  of  August  in 
each  year,  furnish  to  the  state  auditor  a  statement,  veri- 
fied by  the  affidavit  of  the  officer  or  person  making  the 
same,  showing  the  total  number  of  miles  made  by  the  cars 
of  every  such  car  company,  mercantile  or  other  company, 
firm  or  individual  on  their  lines,  branches,  sidings,  spurs 
and  warehouse  tracks  in  this  state  during  the  year  ending 
on  the  first  day  of  August  last  past. 

Valuation  for  assessment.  §  4.  It  shall  be  the  duty  of 
the  State  board  of  equalization  to  ascertain  from  said 
statements  the  number  of  cars  required  to  make  the  total 
mileage  of  the  cars  of  each  such  car  company,  mercantile 
or  other  company  or  corporation,  firm  or  individual  within 
the  period  of  one  year,  and  such  number  of  cars  so  found 
shall  be  the  number  of  cars  on  which  said  company,  firm 
or  individual  shall  be  assessed  for  said  year.  The  State 
board  of  equalization  shall  ascertain  and  fix  the  valua- 
tion upon  each  particular  class  of  cars,  which,  as  nearly  as 
possible,  shall  be  the  true  value  of  such  cars,  and  the  num- 
ber so  ascertained  shall  be  assessed  to  the  respective  car 
company,  mercantile  or  other  company,  firm  or  individual. 
For  the  purpose  of  making  the  assessment,  the  board  is 
authorized  to  base  the  assessment  upon  the  returns  of  the 
several  railroad  companies.  In  case  any  such  car  com- 
pany, mercantile  or  other  company,  firm  or  individual  shall 
fail  or  refuse  to  make  the  statement  herein  required,  the 
State  board  of  equalization  shall  fix  the  value  of  such 
cars,  adding  50  per  cent  thereof,  as  hereinafter  provided; 


and  in  determining  the  number  of  such  cars,  the  State 
board  of  equalization,  in  so  far  as  may  be  practicable, 
shall  harmonize  the  statements  of  the  several  railroad 
companies,  car  companies,  mercantile  or  other  companies, 
firms  or  individuals  with  respect  thereto.  Such  assess- 
ment shall  be  included  in  the  records  and  proceedings  of 
the  board,  and  shall  be  pro  rated  among  the  several  coun- 
ties traversed  by  railways  carrying  said  cars  in  propor- 
tion to  the  entire  main  track  mileage  of  railway  carrying 
said  cars  in  said  county,  and  a  statement  transmitted  to 
the  county  auditor  of  each  county  as  provided  in  cases 
of  other  assessments  made  by  said  board,  and  shall  be  ap- 
portioned by  the  county  auditor  among  the  respective  dis- 
tricts, school  districts,  road  districts,  cities,  towns  and  vil- 
'  lages  in  which  the  same  may  be  entered  on  the  tax  list  and 
collected  by  the  county  tax  collector  as  provided  by  sec- 
tion 1715,  Revised  Codes  of  Idaho. 

Penalty  for  refusing  to  report.  §  5.  In  case  any  such 
car  company,  mercantile  or  other  company,  firm  or  indi- 
vidual shall  fail  or  refuse  to  make  the  statement  herein 
required  within  the  time  above  specified,  or  shall  make  a 
false  statement,  the  said  board  shall  proceed  to  assess  the 
property  of  such  car  company,  mercantile  or  other  com- 
pany, firm  or  individual  so  failing,  and  shall  add  50  per 
cent  to  the  value  thereof,  as  ascertained  and  determined 
by  said  board.  Sections  1,  2,  3,  4  and  5  of  this  Act  shall 
not  apply  to  railroad  companies  operating  railroads  within 
this  state,  not  to  sleeping  car  companies  whose  cars  are 
used  regularly  by  railroads  running  in,  into  and  through 
this  State. 

''Sleeping  car  company"  defined.  §  6.  Every  person, 
firm,  copartnership,  joint  stock  association  or  corporation 
owning  any  sleeping  cars,  parlor  cars,  buffet  cars  or  tourist 
cars  used  by  railroads  upon  regular  lines  running  in,  into 
or  through  this  State  and  upon  which  an  extra  charge  in 
addition  to  the  railroad  transportation  fare  is  made,  shall, 
for  the  purpose  of  this  Act,  be  held  and  deemed  to  be,  and 
shall  hereafter  be   called  a  sleeping  car  company. 

Annual  report  required.  §  7.  Every  sleeping  car  com- 
pany whose  cars  are  used  by  railroads  running  in,  into  or 
through  this  State,  shall,  on  or  before  the  second  Monday 
of  August,  1911,  and  annually  thereafter,  make  to  the  State 
auditor  a  report  for  the  year  ending  August  1,  preceding, 
sworn  to  by  some  officer  of  such  sleeping  car  company  ac- 
quainted with  the  facts,  showing;  First,  the  total  number 
of  cars  of  each  class  used  in  transacting  the  business  upon 
all  of  the  lines  running  in,  into  or  through  this  State;  sec- 
ond, the  fair  average  value  per  car  of  each  of  the  classes 
of  such  cars;  third,  the  total  number  of  miles  of  railroad 
main  track  over  which  such  cars  were  used  within  this 
State,  and  within  each  county  in  this  State;  fourth,  the 
total  value  of  such  cars  due  to  this  State  as  the  number 
of  miles  of  railroad  main  track  over  which  such  cars  were 
used  within  this  State  bears  to  the  total  number  of  miles 
of  railroad  main  track  over  which  such  cars  are  used,  and 
the  value  per  mile. 

Valuation  of  property.  §  8.  The  state  board  of  equal- 
ization shall  ascertain  and  fix  the  number  of  each  particu- 
lar class  of  cars  used  in  transacting  the  business  upon  all 
lines  running  in,  into  and  through  this  State,  and,  as  nearly 
as  possible,  the  true  value  of  all  the  different  classes  of 
cars  used  upon  lines  running  in,  into  and  'through  this 
State,  and  the  State  Board  shall  assess  that  proportion  of 
such  total  value  which  the  number  of  miles  of  railroad 
main  track  over  which  such  cars  were  used  within  this 
State  bears  to  the  total  number  of  miles  of  railroad  main 
track  over  which  such  cars  were  used  everywhere.  Such 
assessment  shall  be  included  in  the  records  and  proceedings 
of  the  board,  and  shall  be  pro-rated  among  the  several 
counties  traversed  by  railroads  having  said  cars,  and 
shall  be  apportioned  by  the  county  auditor  as  provided  in 
Section  4  of  this  Act. 

Penalty  for  refusal  to  report.  §  9.  If  any  sleeping  car 
company  shall  fail  or  refuse  to  make  the  report  as  herein 
required,  the  State  Board  of  Equalization  shall  proceed 
to  assess  the  property  of  such  sleeping  car  company  upon 
the  best  information  it  may  be  able  to  obtain,  and  shall  add 
to  the  value  so  ascertained  50  per  cent  as  a  penalty  for  the 
failure  or  refusal  of  such  sleeping  car  company  to  make 
its  report. 

Approved  March  10,  1911. 


420 


National  Association  of  Railway  Commissioners 


FREE  TRAVEL  PROHIBITED— 1909. 


Be  it  enacted  by  the  legislature  of  the  State  of  Idaho: 

Free  passes  to  certain  officials  prohibited.  §  1.  It  shall 
b«  unlawful  for  any  person,  either  for  himself  or  as  ofiB- 
cer,  agent  or  employe  of  any  person,  firm,  association  or 
corporation,  to  deliver  or  offer  to  any  of  the  following  pub- 
lic officers,  to-wit,  the  governor,  lieutenant-governor,  secre- 
tary of  state,  state  treasurer,  state  auditor,  superintendent 
of  public  instruction,  attorney-general,  justice  of  the  Su- 
preme Court,  judge  of  the  District  Court,  member  of  either 
branch  of  the  legislature,  probate  judge,  county  assessor, 
prosecuting  attorney,  or  county  commissioner,  a  pass  or  free 
transportation  in  any  form  over  all  or  a  part  of  any  steam 
or  electric  railway,  or  steamboat,  operated  in  whole  or  in, 
part  in  this  State,  owned  or  controlled  wholly  or  partially 
by  such  person,  or  by  the  person,  firm,  association  or  cor- 
poration of  which  we  may  be  acting  as  officer,  agent  or 
employe. 

Unlawful  to  ask  for  pass.  §  2.  It  shall  be  unlawful  for 
any  of  the  public  officers  named  in  §  1  of  this  Act,  to  re- 
quest for  himself  or  any  other,  or  any  person,  firm,  asso- 
ciation or  corporation,  owning  or  controlling  or  financially 
interested  in  any  steam  or  electric  railway,  or  steamboat, 
operated  in  whole  or  in  part  within  this  State,  or  of  any 
officer,  agent  or  employe  of  such  person,  firm,  association 
or  corporation,  the  issuance  of  a  pass  or  free  transporta- 
tion over  such  steam  or  electric  railway,  or  steamboat,  or 
any  part  thereof,  or  to  accept  such  pass  or  free  transporta- 
tion. 

Violation  of  the  Act  a  misdemeanor.  §  3.  Any  person 
violating  this  Act  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished  accordingly. 

Approved  March  11,  1909. 

CORPORATION   EMPLOYES   TO    SELECT  THEIR   OWN 
SURETIES. 

Be  it  enacted  by  the  legislature  of  the  State  of  Idaho: 

*  *    * 

§  106.  It  shall  be  unlawful  for  any  railroad  or  other  cor- 
poration doing  business  within  this  State  to  collect  or  re- 
tain from  the  wages  of  the  persons  in  their  employ  the 
cost  of  such  guaranty  or  security,  and  such  employes  shall 
be  permitted  to  select  such  guaranty  or  surety  company 
or  companies  or  individuals  complying  with  the  provisions 
of  this  Act,  and  such  employes  shall  be  permitted  to  pay 
the  premiums  of  their  bonds  freely  and  voluntarily. 

§  107.  Any  corporation,  company  or  individual  comply- 
ing with  the  provisions  of  this  Act,  issuing  such  bonds  of 
indemnity,  guaranty,  or  security,  shall  furnish  the  appli- 
cant with  a  true  and  complete  copy  of  the  original  bond 
furnished  the  corporation,  company  or  individual  to  whom 
the  bond  was  issued. 

§  108.  Nothing  contained  in  this  Act  shall  be  con- 
strued to  apply  to  any  citizen  or  person  of  this  State  offer- 
ing or  becoming  surety,  upon  bonds  or  otherwise,  for  any 
other  citizen  or  person  without  compensation  to  himself 

or  herself. 

*  *    * 

RAILROAD  EMPLOYES  MUST  SPEAK  ENGLISH. 

Be  it  enacted  by  the  legislature  of  the  State  of  Idaho: 

§  1.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration operating  a  railroad  within  the  State  of  Idaho, 
whereon  steam  or  electricity  is  used  as  motive  power,  to 
employ  any  conductor,  engineer,  fireman,  brakeman,  switch- 
man or  any  other  employe  whose  duty  may  require  him  to 
act  as  flagman  who  cannot  read,  write  and  speak  the  Eng- 
lish language. 

§  2.  Any  person,  firm  or  corporation  violating  the  pro- 
visions of  this  Act  shall  be  deemed  guilty  of  a  misde- 
meanor. 

§  3.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act 
ape  hereby  repealed. 

Approved  March  7,  1911. 

GENERAL  CORPORATION  LAW. 

ARTICLE   I. 

ARTICLES    OF    INCORPORATION. 

Corporations  classified.    §  2710.    Corporations  are  either 

pilblic    or    private.      Public    corporations    are    formed    or 

organized  for  the  government  of  a  portion  of  the  State; 

all  other  corporations  are  private. 

Private  corporations — How  formed.  §  2711.  Private  cor- 
porations may  be  formed  by  the  voluntary  associations 


of  any  three  or  more  persons  in  the  manner  prescribed 
in  this  title;  provided,  one  such  person  must  be  a  bona 
fide   resident  of   this   State. 

Purposes  for  which  authorized.  §  2712.  Private  cor- 
porations may  be  formed  for  any  purpose  for  which  in- 
dividuals may  lawfully  associate  themselves. 

Articles  of  incorporation.     §  2713.     The  instrument  by 
which  a  private  corporation  is  formed  is  called  "Articles . 
of  Incorporation." 

Same — Contents.  §  2714.  Articles  of  incorporation  must 
be   prepared   setting   forth: 

1.  The    name    of   the   corporation. 

2.  The  purpose  for  which  it  was  formed. 

3.  The  place  where  its  principal  business  is  to  be 
transacted. 

4.  The  term  for  which  it  is  to  exist,  not  exceeding 
50   years. 

5.  The  number  of  its  directors  or  trustees;  provided, 
at  any  time  during  the  existence  of  the  corporation,  the 
number  of  directors  may  be  increased,  in  corporations 
for  profit,  by  amendment  of  the  articles  of  incorporation 
by  a  majority  of  the  stockholders  thereof,  to  any  num- 
ber not  exceeding  15,  who  must  be  stockholders  thereof 
to  any  number  not  exceeding  15,  who  must  be  stock- 
holders thereof,  to  any  number  not  exceeding  15,  vho 
must  be  stockholders  of  the  corporation,  which  amend- 
ment, when  adopted,  must  be  filed  in  the  manner  i  ro- 
vided  for  the  filing  of  original  articles  of  incorporation, 
and  thereupon  said  amendment  shall  be  and  become 
in  force  and  effect  as  if  originally  provided  in  he 
original  articles  of  incorporation. 

6.  The  amount  of  its  capital  stock  and  the  num'oer 
of  shares  into  which  it  is  divided. 

7.  If  there  is  a  capital  stock,  the  amount  actually 
subscribed,  and  by  whom. 

8.  Any  corporation  organized  or  existing  or  here- 
after organized  or  existing,  under  the  laws  of  this  State, 
may,  instead  of  electing  its  entire  board  of  directnrs 
annually,  as  now  required  by  law,  provide  in  its  artic  es 
of  incorporation,  or  by  amendment  to  its  articles  of  n- 
corporation,  for  the  election  of  one-third  of  the  numl  er 
of  its  directors  for  a  term  of  one  year,  one-third  then  of 
for  a  term  of  two  years,  and  one-third  thereof  for  a 
term  of  three  years,  and  thereafter  at  each  suceedi  ig 
annual  meeting  of  the  stockholders,  one-third  then  of 
for  a  term   of  three  years. 

Same — For  railroad,  wagon  road,  telephone  or  telegra\  h. 
§  2715.  The  articles  of  incorporation  of  any  railroad,  wag  m 
road,  telephone  or  telegraph  organization  must  also  stats: 

1.  The  kind  of  road,  telephone  or  telegraph  intend  id 
to  be  constructed. 

2.  The  place  from  and  to  which  it  is  intended  to  )e 
run,  and  all  the  intermediate  branches;  provided,  tl  at 
this  subdivision  shall  not  apply  to  railroad,  telegra  )h 
or    telephone    corporations. 

3.  The  estimated  length  of  the  road,  telephone  or 
telegraph  line. 

4.  Every  such  corporation  may  provide  in  its  articles 
of  incorporation  the  number  of  directors  which  shall  c(  n- 
stitute  a  quorum  for  the  transaction  of  business,  and  ttat 
every  decision  by  a  majority  of  such  quorum  of  the  board 
shall  be  valid  as  a  corporate  act. 

5.  That  all  the  meetings  of  the  board  of  directors  m  ly 
be  held  at  the  principal  ofiice  of  the  corporation  in  tl  is 
State,  or  at  such  other  place  or  places  within  or  withe  ul 
this  State  for  the  transaction  of  any  business  of  the  cor- 
poration as  the  directors  may,  by  resolution  or  by  the  ly 
laws,   provide. 

6.  That  at  least  one  member  of  the  board  of  directors 
shall  be  a  resident  of  this  State  and  that  no  other  qualiflca 
tion  as  to  residence  of  the  directors  shall  be  necessar;-. 

7.  That  the  articles  of  incorporation  of  any  such  cor 
poratlon  now  existing,  or  that  may  hereafter  be  organized 
under  the  laws  of  this  State,  may  be  amended  in  any  'e 
spect  conformable  to  the  laws  of  this  State  by  a  vote  rep  -e 
senting  at  least  a  majority  of  the  outstanding  capital  stocl 
thereof,  at  a  stockholders'  meeting  called  for  that  pur 
pose,  as  provided  by  §2724  of  this  Code;  provided,  tta' 
the  original  purposes  of  the  corporation  shall  not  be  al 
tered  nor  shall  the  capital  stock  be  diminished  to  ai 
amount  less  than  50  per  cent  in  excess  of  the  indebtednesi 
of  the  corporation;  and,  provided,  further,  that  the  per 
sonal  or  individual  liability  of  the  holder  of  fully   pal< 


Public  Service  Laws 


421 


capital  stock  for  assessments,  or  for  obligations  of  the  cor- 
poration, sliall  not  be  changed  without  the  consent  of  all 
the  stockholders. 

8.  TTTSt  stockholders  shall  not  be  Individually  liable 
for  the  debts  of  the  corporation. 

9.  That  railroad  corporations  organized  and  existing  or 
hereafter  organized  and  existing,  under  the  laws  of  this 
State,  shall  be  subject  to  all  the  duties  imposed  by  the 
terms  of  this  section,  and  shall  have  and  possess  all  the 
powers  and  privileges  conferred  by  the  laws  under  which 
said  corporations  were  organized,  or  which  are  contained 
in  their  articles  of  incorporation. 

Capital  required  of  railroads,  etc.  §  2717.  Each  intended 
railroad,  wagon  road  or  telegraph  corporation,  before  filing 
articles  of  incorporation,  must  have  actually  subscribed  to 
its  capital  stock  for  each  mile  of  the  contemplated  work, 
the  following  amount,  to-wit: 

1.  One  thousand  dollars  per  mile  of  railroads. 

2.  One  hundred  dollars  per  mile  of  telegraph  lines. 

3.  Three  hundred  dollars  per  mile  of  wagon  roads. 

Same — Affidavit  of  suhscription.  S  2718.  Before  the  sec- 
retary of  State  or  the  recorder  of  the  county  issues  to  any 
such  corporation  a  certificate  of  the  filing  of  articles  of  in- 
corporation, there  must  be  filed  in  his  office  an  affidavit  of 
the  president,  secretary  or  treasurer  named  in  the  articles, 
that  the  amount  of  the  capital  stock  thereof  required  by 
law  has  been  actually  subscribed. 

Certificate  of  incorporation.  §  2719.  Upon  filing  the  ar- 
ticles of  incorporation  in  the  office  of  the  county  recorder 
of  the  county  in  which  the  princi4)al  business  of  the  com- 
pany is  to  be  transacted,  and  a  copy  thereof,  certified  by 
the  county  recorder,  with  the  secretary  of  State,  and  filing 
the  affidavit  mentioned  in  the  last  section,  when  such  affi- 
davit is  required,  the  secretary  of  State  or  such  county 
recorder  must  issue  to  the  corporation,  over  his  official 
seal,  a  certificate  that  a  copy  of  the  articles,  containing  the 
required  statement  of  facts,  has  been  filed  in  his  office; 
and  thereupon  the  persons  executing  the  articles  and  their 
associates  and  successors  shall  be  a  body  politic  and  cor- 
porate, by  the  name  stated  in  the  articles,  and  for  the 
term  of  50  years,  unless  it  is  the  articles  of  Incorporation 
otherwise  stated,  or  by  the  law  otherwise  specially  pro- 
vided. 

Copy  of  articles  as  evidence.  §  2720.  A  copy  of  any 
articles  of  incorporation  filed  in  pursuance  of  this  title  and 
certified  by  the  secretary  of  State,  or  the  recorder  of  the 
proper  county,  must  be  received  in  all  courts  and  other 
places  as  prima  facie  evidence  of  the  facts  therein  stated. 

ARTICLE  3. 

DIRECTORS. 

Constitution  and  powers  of  hoard  of  directors.  §  2728. 
The  corporate  powers,  business  and  property  of  all  cor- 
porations formed  under  this  title,  must  be  exercised,  con- 
ducted and  controlled  by  a  board  of  not  less  than  three  nor 
more  than  fifteen  directors,  to  be  elected  from  among  the 
holders  of  the  stock,  or  when  there  is  no  capital  stock, 
then  from  among  the  members  of  such  corporation.  At 
least  one  of  the  directors  must,  in  all  cases,  be  a  citizen 
and  actual  bona  fide  resident  within  this  State;  provided, 
that  the  articles  of  Incorporation  or  amended  articles  of 
Incorporation  of  any  railroad,  wagon  road,  telephone  or 
telegraph  organization  may  fix  the  number  of  members 
who  shall  constitute  a  quorum  of  the  board  of  directors, 
who  shall  have  all  the  powers  of  the  full  board.  Directors 
of  corporations  for  profit  must  be  holders  of  the  stock  there- 
of in  an  amount  to  be  fixed  by  the  by-laws.  Directors  of 
all  other  corporations  must  be  members  thereof.  Unless 
a  majority  is  present  and  acting,  no  business  performed,  or 
act  done,  by  the  board  of  directors  is  valid  as  against  the 
corporation;  provided,  that  a  quorum  of  the  board  of  direc- 
tors of  any  railroad,  wagon  road,  telephone  or  telegraph 
corporation,  as  fixed  by  its  articles  of  incorporation,  may 
have  and  exercise  all  the  powers  of  the  board  of  directors. 
Whenever  a  vacancy  occurs  in  the  board  of  directors,  un- 
less otherwise  provided  by  the  by-laws,  such  vacancy  must 
be  filled  by  the  board  or  by  a  quorum  thereof. 

The  board  of  directors  of  any  railroad,  wagon  road,  tele- 
phone or  telegraph  organization  may  appoint  an  executive 
committee  of  its  members  equal  in  number  to  a  quorum 
of  the  board,  and  such  committee  shall  have  all  the 
powers,  rights  and  privileges  of  the  board  of  direct- 
ors, and  may  meetat  such  times  and  places  as  the  board 
of  directors  may  by  resolution  or  by  the  by-laws  prescribe. 


and  the  acts  of  such  committee  shall   in  all  matters  be 
valid  as  against  the  corporation. 

CHAPTER  2. 

RAILROAD    CORPORATIONS. 

ARTICLE  1. 

GENERAL    PROVISIONS    AND    POWERS    OF    BAILBOADS. 

Election  of  directors.  §  2793.  Directors  of  railroad  cor- 
porations may  be  elected  at  a  meeting  of  the  stock- 
holders other  than  the  annual  meeting,  as  a  majority 
of  the  fixed  capital  stock  may  determine,  or  as  the  by-laws 
may  provide;  notice  thereof  to  be  given  as  provided  for 
notices  of  meetings  to  adopt  by-laws  in  chapter  1  of  this 
title. 

Issuance  of  bonds.  §2794  (as  amended).  Railroad  cor- 
porations may  borrow  on  the  credit  of  the  corporation, 
and  under  such  regulations  and  restrictions  as  the  di- 
rectors thereof  may  impose,  such  sums  of  money  as 
may  be  necessary  for  constructing,  completing,  equip- 
ping, extending  and  improving  their  railroad,  and  all 
else  relative  thereto,  and  may  issue  and  dispose  of 
bonds  and  promissory  notes  therefor,  .  .  .  bearing 
interest  at  a  rate  not  exceeding  10  per  cent  per  annum, 
and  may  also  issue  bonds  and  promissory  notes,  .  .  . 
bearing  interest  not  in  excess  of  the  rate  aforesaid,  la 
payment  of  any  debts  or  contracts  for  constructing, 
completing,  equipping,  extending  and  improving  their 
road,  and  all  else  relative  thereto;  .  .  .  and  to  se- 
cure the  payment  of  any  or  all  of  such  bonds  and  notes, 
they  may  mortgage  their  corporate  property  and  fran- 
chises. 

§  2.  An  emergency  existing  therefor,  this  Act  shall 
take  effect  and  be  in  force  from  and  after  its  approval. 

Approved  February  14,  1911. 

(The  asterisks  above  appear  in  the  official  Session 
Laws  of  1911.) 

Same  —  Sinking  fund  —  Conversion  into  stock.  §  2795. 
The  directors  must  provide  a  sinking  fund,  to  be  espe- 
cially applied  to  the  redemption  of  such  bonds  on  or 
before  their  maturity,  and  may  also  confer  on  any 
holder  of  any  bond  or  note  issued,  for  money  borrowed 
or  in  payment  of  any  debt  or  contract  for  the  construc- 
tion and  equipment  of  such  road,  the  right  to  convert 
the  principal  due  or  owing  thereon  into  stock  of  such 
corporation,  at  any  time  within  eight  years  from  the 
date  of  such  bonds,  under  such  regulations  as  the 
directors  may  adopt. 

Enufneration  of  powers.  §  2796.  Every  railroad  corpo- 
ration  has   power: 

First.  To  cause  such  examination  and  surveys  to  be 
made  as  may  be  necessary,  to  the  selection  of  the  most 
advantageous  route  for  the  railroad;  and  for  such  pur- 
poses their  officers,  agents  and  employes  may  enter  upon 
the  lands  or  waters  of  any  person,  subject  to  liability 
for  all  damages  which  they  do  thereto. 

Second.  To  receive,  hold,  take  -and  convey,  by  deed 
or  otherwise,  as  a  natural  person,  such  voluntary  grants 
and  donations  of  real  estate  and  other  property  which 
may  be  made  to  it  to  aid  and  encourage  the  construc- 
tion,  maintenance   and   accommodation  of   such   railroad. 

Third.  To  purchase,  or  by  voluntary  grants  or  dona- 
tions to  receive,  enter,  take  possession  of,  hold  and 
use  all  such  real  estate  and  other  property  as  may  be 
necessary  for  the  construction  and  maintenance  of  such 
railroad,  and  for  all  stations,  depots  and  other  purposes 
necessary  to  successfully  work  and  conduct  the  busi- 
ness of  the   road. 

Fourth.  To  lay  out  its  road,  not  exceeding  nine  rods 
wide,  and  to  construct  and  maintain  the  same,  with  a 
single  or  double  track,  and  with  such  appendages  and 
adjuncts  as  may  be  necessary  for  the  convenient  use  of 
the  same;  provided,  that  any  such  railroad  corporation 
may  take  and  hold  any  right  of  way  or  other  property, 
of  whatever  width  or  extent,  that  it  may  acquire  under 
the  laws  of  congress. 

Fifth.  To  construct  its  road  across,  along  or  upon 
any  stream  of  water,  water  course,  navigable  stream, 
street,  avenue  or  highway  or  across  any  railway,  canal, 
ditch  or  flume  which  the  route  of  its  road  intersects, 
crosses  or  runs  along,  in  such  manner  as  to  afford 
security  for  life  and  property;   but  the  corporation  must 


422 


National  Association  of  Kailway  Commissioners 


restore  the  stream  or  water  course,  road,  street,  avenue, 
highway,  railroad,  canal,  ditch  or  flume  thus  Intersected 
to  its  former  state  of  usefulness  as  near  as  may  be,  or  so 
that  the  railroad  shall  not  unnecessarily  impair  its  useful- 
ness or  injure  its  franchise. 

Sixth.  To  cross,  intersect,  join  or  unite  Its  railroad 
■with  any  other  railroad,  either  before  or  after  construc- 
tion, at  any  point  upon  its  route,  and  upon  the  grounds 
of  such  other  railroad  corporation  with  the  necessary 
turnouts,  sidings  and  switches  and  other  conveniences 
In  furtherance  of  the  objects  of  its  connections;  and 
every  corporation  whose  railroad  Is,  or  shall  be  here- 
after, intersected  by  any  new  railroad,  must  unite  with 
the  owners  of  such  new  railroad  in  forming  such  new 
Intersections  and  connections,  and  grant  facilities  there- 
for. And  if  the  two  corporations  cannot  agree  upon 
the  amount  of  compensation  to  be  made  therefor,  or  the 
points  or  the  manner  of  such  crossings,  intersections 
and  connections,  the  same  must  be  ascertained  and  de- 
termined, as  is  provided  in  the  Code  of  Civil  Procedure. 

Seventh.  To  purchase  lands,  timber,  stone,  gravel 
or  other  materials  to  be  used  in  the  construction  and 
maintenance  of  its  road,  and  all  necessary  appendages 
and  adjuncts,  or  acquire  them  in  the  manner  provided 
in  the  Code  of  Civil  Procedure  for  the  condemnation  of 
lands;  and  to  change  the  line  of  its  road  in  whole  or  in 
part  whenever  a  majority  of  the  directors  so  determine, 
as  is  provided  hereinafter,  but  no  such  change  must 
vary  the  general  route  of  such  road  as  contemplated 
in   its   articles   of  incorporation. 

Eighth.  To  carry  persons  and  property  on  their  rail- 
load    and   receive   tolls   or   compensation   therefor. 

Ninth.  To  erect  and  maintain  all  necessary  and  Con- 
venient buildings,  stations,  depots,  fixtures  and  ma- 
chinery for  the  accommodation  and  use  of  their  pas- 
sengers, freight  and  business. 

Tenth.  To  regulate  the  time  and  manner  in  which 
passengers  and  property  shall  be  transported,  and  the 
tolls  and  compensation  to  be  paid  therefor  within  the 
limits  prescribed  by  law,  and  subject  to  alteration,  change 
or   amendment  by   the   legislature  at   any   time. 

Eleventh.  To  regulate  the  force  and  speed  of  their 
locomotives,  cars,  trains  or  other  machinery  used  and 
employed  on  their  road,  and  to  establish,  execute  and 
enforce  all  needful  and  proper  rules  and  regulations 
for  the  management  of  its  business  transactions  usual 
and    proper    for    railroad    corporations. 

Purchase — Sale  and  guaranty  of  securities.  §  2797.  Any 
railroad  corporation,  whether  chartered  by,  or  organized 
under,  the  laws  of  this  State  or  of  the  Territory  of 
Idaho,  or  of  the  United  States,  or  of  any  other  State 
or  Territory,  may  take,  purchase,  hold,  sell  and  dispose 
of,  or  guarantee  the  payment  of,  the  bonds  and  securities 
of  any  other  railroad  corporation  whose  line  of  railroad 
Is  continuous  of,  or  by  lease,  traflic,  contract,  or  other- 
wise connected  with,  its  own  line. 

Bridging  navigable  streams.  §  2798.  Any  railroad  corpo- 
ration heretofore  duly  organized  and  incorporated  under 
the  laws  of  this  State,  or  of  the  United  States,  or  of 
any  other  State  or  Territory,  or  which  may  hereafter 
be  duly  incorporated  and  organized  under  the  laws  of 
this  State,  or  of  the  United  States,  or  of  any  other 
State  or  Territory,  and  authorized  to  do  business  in 
this  State  and  to  construct  and  operate  railroads  there- 
in, shall  have,  and  hereby  is  given,  the  right  to  build 
and  construct,  possess  and  own,  bridges  across  which 
the  projected  line  or  lines  of  railway  of  such  railroad 
corporation,  or  either  of  them,  will  run;  provided,  that 
said  bridges  are  to  be  constructed  in  good  faith  for  the 
purpose  of  being  made  a  part  of  the  constructed  line 
of  said  railroad,  or  a  part  of  any  of  the  line  thereof, 
to  be  constructed  and  in  course  of  construction,  and  to 
be  used  by  such  railroad  corporation  as  a  part  of  its 
line  of  railroad  so  constructed  or  to  be  constructed, 
for  the  more  convenient,  expeditious  and  safe  operation 
thereof;  and  provided,  further,  that  such  bridges  shall 
be  so  constructed  as  to  not  interfere  with,  impede  or 
obstruct  the  navigation  of  such  stream  or  navigable 
waters,  and  shall  comply  with,  and  be  subject  to,  the 
Acts  of  congress  relating  to  navigable  streams  and  the 
rules  and  regulations  of  the  executive  departments. 

Construction  of  extensions  and  branches.  §  2799.  Any 
railroad    corporation    chartered    by    or    organized    under 


the  laws  of  this  State,  or  of  any  State  or  Territory,  or 
under  the  laws  of  the  United  States,  and  authorized  to 
do  business  in  this  State,  may  extend  its  railroad  from 
any  point  named  in  its  charter  or  articles  of  incorpora- 
tion, or  may  build  branch  roads  either  from  any  point 
on  its  line  of  road  or  from  any  point  on  the  line  of  any 
other  railroad  connecting,  or  to  be  connected,  with  its 
road,  the  use  of  which  other  road  between  such  points 
and  the  connection  with  its  own  road,  such  corpora- 
tion shall  have  secured  by  lease  or  agreement  for  a 
ierm  of  not  less  than  10  years  from  its  date.  Before 
making  any  such  extension,  or  building  any  such  branch 
road,  such  corporation  shall,  by  resolution  of  its  di- 
rectors or  trustees,  to  be  entered  in  the  record  of  its 
proceeding?,  designate  the  route  of  such  proposed  ex- 
tension or  branch  by  indicating  the  place  from  and  to 
which  said  railroad  is  to  be  constructed,  and  the  esti- 
mated length  of  such  railroad,  and  the  name  of  each 
county  in  this  State  through  or  into  which  it  is  con- 
structed or  intended  to  be  constructed,  and  file  a  copy 
of  such  record,  certified  by  the  president  and  secretary, 
in  the  office  of  the  secretary  of  State,  who  shall  indorse 
thereon  the  date  of  filing  thereof  and  record  the  same. 
Thereupon  such  corporation  shall  have  all  the  rights 
and  privileges  to  make  such  extension  or  build  such 
branch  and  receive  aid  thereto,  which  it  would  have 
had  if  it  had  been  authorized  in  its  charter  or  articles 
of    incorporation. 

Consolidation,  sale  and  leases.  §2800.  Any  such  rail- 
road corporation  may  consolidate  its  stock,  franchises 
and  property  with  any  other  railroad  corporation, 
whether  within  or  without  the  State,  when  such  othsr 
railroad  corporation  does  not  own  any  competing  11  le 
of  railroad,  upon  such  terms  as  may  be  agreed  upcn, 
and  become  one  corporation,  by  any  name  selecttd, 
which,  within  this  State,  shall  possess  all  of  the  powei  s, 
franchises  and  immunities.  Including  the  right  of  ft  r^ 
ther  consolidation  with  other  corporations  under  tt  is 
section,  and  be  subject  to  all  the  liabilities  and  restr  c- 
tions  such  as  such  corporations  peculiarly  possess,  )r 
were  subject  to  at  the  time  of  consolidation  by  tlie 
laws  then  in  force  applicable  to  them  or  either  of  them. 
Articles  stating  the  terms  of  consolidation  shall  ''6 
approved  by  each  corporation  by  a  vote  of  the  stock- 
holders owning  a  majority  of  the  stock,  in  person  or  1  y 
proxy,  at  the  regular  annual  meeting  thereof,  or  a 
special  meeting  called  for  that  purpose  in  the  mann  ^r 
provided  by  the  by-laws  of  the  respective  consolidati(  n 
corporations,  or  by  the  consent,  in  writing  of  such  stoc  i- 
holders  annexed  to  such  articles;  and  a  copy  therei  f, 
with  a  copy  of  the  records  of  such  approval  or  sui  h 
consent,  and  accompanied  by  lists  of  their  stockholde  -s 
and  the  numbers  of  shares  held  by  each,  duly  certifli  d 
by  the  respective  presidents  and  secretaries,  with  tl  e 
respective  coriwrate  seals  of  such  corporations  afiSxel, 
shall  be  filed  for  record  in  the  office  of  the  secreta  y 
of  State  before  any  such  consolidation  shall  have  ai  y 
validity  or  effect. 

Any  railroad  corporation  whose  line  is  wholly  or  n 
part  within  this  State,  whether  chartered  by  or  organ- 
ized under  the  laws  of  this  State,  or  of  any  other  Sta  ,e 
or  Territory,  or  of  the  United  States,  may  lease  or  pi  r- 
chase  and  operate  the  whole  or  any  i>art  of  the  railrord 
or  any  other  railroad  corporation,  togethe^  with  the  fraa- 
chises,  powers,  immunities  and  all  other  property  or 
appurtenances  appertaining  thereto;  (or  any  railro;.d 
company  may  sell  or  lease  the  whole  or  any  part  )t 
its  railroads  or  branches,  within  or  without  this  State, 
constructed,  or  to  be  constructed,  together  with  all  prop- 
erty and  rights,  privileges  and  franchises  pertaining 
thereto,  to  any  railroad  company  organized  or  existing 
pursuant  to  the  laws  of  the  United  States,  or  of  this 
State,  or  of  any  other  State  or  Territory  of  the  Unitod 
States);  and  all  such  purchases  or  leases  heretofore 
made  or  entered  into  are  for  all  intents  and  purposss 
hereby  ratified  and  confirmed;  provided,  that  in  no  case 
shall  the  capital  stock  of  the  company  formed  by  suoh 
consolidation  exceed  the  sum  of  the  capital  stock  of  tie 
companies  so  consolidated,  at  the  par  value  thereof,  nor 
shall  any  bonds  or  other  evidences  of  debt  be  Issu'ad 
as  a  consideration  for  or  in  connection  with  such  con- 
solidation. 

Extensions  into  the  State.    §  2801.    Any  railroad  corpo- 


Public  Service  Laws 


423 


ration  chartered  by  or  organized  under  the  laws  of  the 
United  States,  or  of  any  State  or  Territory,  whose  con- 
structed railroad  shall  reach  or  intersect  the  boundary 
line  of  this  State  at  any  point  may  extend  its  railroad 
into  the  State  from  any  such  point  or  points  to  any 
place  or  places  within  this  State,  and  may  build  branches 
from  any  point  on  such  extension.  Before  making  such 
extension,  or  building  any  such  branch  road,  such  cor- 
poration shall,  by  resolution  of  its  directors  or  trustees, 
to  be  entered  in  the  record  of  its  proceedings,  designate 
the  route  of  such  proposed  extension  or  branch  by  in- 
dicating the  place  from  and  to  which  such  extension  or 
branch  is  to  be  constructed  and  the  estimated  length  of 
such  extension  or  branch,  and  the  name  of  each  county 
in  this  State,  through  or  into  which  it  is  constructed, 
or  intended  to  be  constructed,  and  file  a  copy  of  such 
record,  certified  by  the  president  and  secretary,  in  the 
office  of  the  secretary  of  State,  who  shall  indorse  thereon 
the  date  of  filing  thereof  and  record  the  same.  There- 
upon such  corporation  shall  have  all  the  rights  and 
privileges  to  make  such  extension,  or  build  such  branch, 
and  receive  such  aid  thereto  as  it  would  have  had  had 
It  been  authorized  so  to  do  by  the  articles  of  incorporation 
duly  filed  in  accordance  with  the  laws  of  this  State.  It 
shall  be  the  duty  of  railroad  companies  when  intersecting 
or  crossing  any  other  railroad  in  this  State,  to  so  arrange 
their  side  tracks  or  switches  that  cars  or  freight  may  be 
readily  transferred  from  one  track  to  the  other  at  the 
option  of  the  shipper. 

Application  and  construction  of  preceding  sections. 
8  2802.  The  three  preceding  sections  shall  not  apply  to 
any  corporations  before  such  corporations  shall  have 
filed  an  acceptance  of  the  provisions  of  the  State  constitu- 
tion, as  provided  in  §  7  of  article  11  of  the  constitution, 
nor  shall  anything  in  said  sections  contained  ever  be  so 
construed  as  to  exempt  any  railroad  property  from  taxation. 

ARTICLE  2. 

CONSTRUCTION   OF   ROAD. 

Map  and  profile.  §  2803.  Every  railroad  corporation  in 
this  State  must  within  a  reasonable  time  after  its  road 
is  finally  located,  cause  to  be  made  a  map  and  profile 
thereof,  and  of  the  land  acquired  for  the  use  thereof, 
and  the  boundaries  of  the  several  counties  through  which 
the  road  may  run,  and  file  the  same  in  the  office  of  the 
secretary  of  State;  and  also  like  maps  of  the  parts 
thereof  located  in  different  counties  and  file  the  same 
in  the  office  of  the  recorder  of  the  county  in  which 
such  parts  of  the  road  are,  there  to  remain  of  record 
forever.  The  maps  and  profiles  must  be  certified  by  the 
chief  engineer,  the  acting  president  and  secretary  of 
such  company,  and  copies  of  the  same,  so  certified  and 
filed,  be  kept  in  the  office  of  the  secretary  of  the  cor- 
poration, subject  to  examination  by  all  parties  interested. 

Altering  location.  §  2804.  If,  at  any  time  after  the 
location  of  the  line  of  the  railroad  and  the  filing  of  the 
maps  and  profiles  thereof,  as  provided  in  the  preceding 
section,  it  appears  that  the  location  can  be  improved, 
the  directors  may,  as  provided  in  subdivision  7  of  §  2796, 
alter  or  change  the  same,  and  cause  new  maps  and 
profiles  to  be  filed,  showing  such  changes  in  the  same 
offices  where  the  originals  are  on  file,  and  may  proceed 
in  the  same  manner  as  the  original  location  was  acquired 
and  take  possession  of  such  new  line,  and  must  sell 
or  relinquish  the  lands  owned  by  them  for  the  original 
location,  within  five  years  after  such  change.  No  new 
location  as  herein  provided  must  be  run  so  as  to  avoid 
any   points   named  in  their  articles   of  incorporation. 

Time  for  commencing  and  completing  construction. 
%  2805.  Every  railroad  corporation  must,  within  two 
years  after  filing  its  original  articles  of  incorporation, 
begin  the  construction  of  its  road,  and  must  every  year 
thereafter  complete  and  put  in  full  operation  at  least 
five  miles  of  its  road,  until  the  same  is  fully  completed; 
and  upon  its  failure  so  to  do,  for  the  period  of  one 
year,  its  right  to  extend  its  road  beyond  the  point  then 
completed  is  forfeited. 

Crossings  and  intersections.  §  2806.  Whenever  the  track 
of  one  railroad  Intersects  or  crosses  the  track  of  another 
railroad,  whether  the  same  be  a  street  railroad  wholly 
within  the  limits  of  a  city  or  town,  or  other  railroad, 
the  rails  of  either  of  each  road  must  be  so  cut  and 
adjusted  as  to  permit  the  passage  of  the  cars  on  each 


road  with  as  little  obstruction  as  possible;  and  in 
case  the  persons  or  corporations  owning  the  railroads 
cannot  agree  as  to  the  compensation  to  be  made  for 
cutting  and  adjusting  the  rails,  the  condemnation  of  the 
right  "of  way  over  the  one  for  the  use  of  the  other  road 
may  be  had  in  proceedings  under  the  Code  of  Civil 
Procedure,  and  the  damages  assessed  and  the  right  of 
way  granted   as  in  other  cases. 

Use  of  streets — Consent  of  authorities.  §  2807.  No  rail- 
road corporation  must  use  any  street,  alley  or  highway, 
or  any  of  the  land  or  water  within  any  incorporated 
city  or  town,  unless  the  fight  to  so  use  the  same  Is 
granted  by  a  two-thirds  vote  of  the  town  or  city,  authority 
from  which  the  right  must  emanate. 

Crossing  other  railroads  and  highways.  §  2808.  When- 
ever the  tracks  of  such  railroad  cross  a  railroad  or 
highway,  such  railroad  or  highway  may  be  carried  under, 
over  or  on  a  level  with  the  track  as  may  be  most  ex- 
pedient; and  in  cases  where  an  embankment  or  cutting 
necessitates  a  change  in  the  line  of  such  railroad  or 
highway,  the  corporation  may  take  such  additional  lands 
and  materials  as  are  necessary  for  the  construction  of 
such  road  or  highway  on  such  new  line.  If  such  other 
necessary  lands  cannot  be  had  otherwise,  they  may  be 
condemned,  as  provided  in  the  Code  of  Civil  Procedure; 
and  when  compensation  is  made  therefor,  the  same  be- 
comes the  property  of  the  corporation. 

ARTICLE  3. 

OPERATION   OF  ROAD. 

Accommodations  for  passengers  and  freight.  §  2810. 
Every  such  corporation  must  start  and  run  their  cars 
for  the  transportation  of  persons  and  property,  at  such 
regular  times  as  they  fix  by  public  notice,  and  must 
furnish  sufficient  accommodations  for  the  transportation 
of  all  such  passengers  and  property  as,  within  a  reason- 
able time  previous  thereto,  offer  or  is  offered  for  trans- 
portation at  the  place  of  starting  at  the  junction  of 
other  railroads  and  at  siding  and  stopping  places  estab- 
lished for  receiving  and  discharging  way  passengers  and 
freight;  and  must  take,  transport  and  discharge  such 
passengers  and  property  at,  from  and  to  such  places, 
on  the  due  payment  of  toll,  freight  or  fare  therefor. 

Refusal  to  accept  passengers  or  freight.  §  2811.  In  case 
of  refusal  by  such  corporation  or  its  agents  so  to  take 
and  transport  any  passengers  or  property,  or  to  deliver 
the  same  at  the  regular  appointed  places,  such  corpora- 
tions must  pay  to  the  party  aggrieved  all  damages 
which  are   sustained   thereby,  with   costs  of  suit. 

Accommodations  to  be  sufflcient.  §  2812.  Every  rail- 
road corporation  must  furnish  on  the  inside  of  its  pas- 
senger cars,  sufficient  room  and  accommodations  for 
all  passengers  to  whom  tickets  are  sold  for  any  one 
trip,  and  for  all  persons  presenting  tickets  entitling  them 
to  travel  thereon;  and  when  fare  is  taken  for  transport- 
ing passengers  on  any  baggage,  wood,  gravel  or  freight 
car,  the  same  care  must  be  taken  and  the  same  respon- 
sibility is  assumed  by  the  corporation  as  for  passengers 
on   passenger  cars. 

Printed  rules  and  regulations.  §  2813.  Every  railroad 
corporation  must  have  printed  and  conspicuously  posted 
on  the  inside  of  its  passenger  cars  its  rules  and  regu- 
lations regarding  fare  and  conduct  of  its  passengers; 
and  in  case  any  passenger  is  injured  on  or  from  the 
platform  of  a  car,  or  on  any  baggage,  wood,  gravel  or 
freight  car,  in  violation  of  such  printed  regulations,  or 
in  violation  of  positive  verbal  instructions  or  injunctions 
given  to  such  passenger  in  person  by  any  officer  of  the 
train,  the  corporation  is  not  responsible  for  damages 
for  such  injuries,  unless  the  corporation  failed  to  com- 
ply with  the  provisions  of  the  preceding  section. 

Same — Liability  for  damages.  §2815  (as  amended). 
Every  railroad  company  or  corporation  operating  any 
steam  or  electric  railroad  in  this  State  shall  erect  and 
maintain  lawful  fences,  not  less  than  four  feet  high,  on 
each  side  of  its  road,  where  the  same  passes  through 
or  along  inclosed  or  adjoining  cultivated  fields  or  in- 
closed lands,  with  proper  and  necessary  openings  and 
gates  therein  and  farm  crossings;  and  also  construct 
and  maintain  cattle  guards  suitable  and  sufficient  to 
prevent  horses,  cattle,  mules  or  other  animals  from  get- 


424 


National  Association  of  Railway  Commissioners 


ting  on   such  railroads,  at  all  highway  crossings   where 
such  railroad  is  fenced  up  to  such  highway  crossings. 

Liability  until  fences  built.  Until  such  fences,  openings, 
gates,  farm  crossings  and  cattle  guards  shall  be  duly 
and  properly  made,  installed  and  maintained,  such  rail- 
road company  or  corporation  shall  be  liable  in  a  civil 
action  to  any  and  all  person  or  persons  who  may  sus- 
tain any  loss,  injury  or  damage  by  the  wounding,  maim- 
ing or  killing  of  any  horse,  mare,  gelding,  filly,  jack, 
jenny  or  mule,  or  any  cow,  heifer,  bull,  ox,  steer  or 
calf,  or  any  other  domestic  animal,  which  shall  be  done 
by  such  railroad  company  or  corporation,  or  its  agents 
or  servants,  in  the  operation  and  management  of  en- 
gines, cars  or  other  rolling  stock,  upon  or  over  such 
railroad,  whether  such  person  or  persons  operating  or 
In'  charge  of  such  engine,  cars  or  other  rolling  stock 
were  guilty  of  negligence  or  not;  and  such  railroad 
company  or  corporation  shall  also  be  liable  in  a  civil 
action  to  any  and  all  persons  who  may  sustain  any 
loss,  injury  or  damage  by  the  wounding,  maiming  or 
killing  of  any  horse,  mare,  gelding,  filly,  jack,  jenny 
or  mule,  or  any  cow,  heifer,  bull,  ox,  steer  or  calf,  or 
any  other  domestic  animal,  which  shall  be  done  by  such 
railroad  company  or  corporation,  or  its  agents  or  serv- 
ants, in  the  operation  or  management  of  engines,  cars 
or  other  rolling  stock  upon  or  over  suCh  railroad,  if 
any  such  animal  or  animals  escape  from  adjoining  lands 
and  come  upon  the  right  of  way  or  railroad  tracks  of  such 
railroad  company  or  corporation,  occasioned  by  the  fail- 
ure of  such  railroad  company  or  corporation  to  construct 
and  maintain  such  fences,  gates,  farm  crossings  or  cat- 
tle guards,  whether  the  person  or  persons  operating  or 
in  charge  of  such  engine,  cars  or  other  rolling  stock 
were  guilty  of  negligence  or  not;  but,  after  such  fences, 
gates,  farm  crossings  and  cattle  guards  shall  have  been 
duly  made,  installed  and  maintained,  such  railroad  com- 
pany or  corporation  shall  not  be  liable  for  any  such 
damage,  unless  negligently  or  wilfully  done,  and  in  all 
actions  for  the  recovery  of  damages  under  this  sec- 
tion, proof  of  the  wounding,  maiming  or  killing  of  such 
animal  or  animals  by  such  railroad  company  or  cor- 
poration, shall  be  prima  facie  evidence  of  negligence 
or  wilfulness  on  the  part  of  such  railroad  company  or 
corporation. 

Land-owner  may  build  and  charge  railroad.  If  any  rail- 
road company  or  corporation,  aforesaid,  fail,  neglect  or 
refuse  for  and  during  a  period  of  three  months  after  the 
completion  of  its  road  through  or  along  the  fields  or 
enclosures  hereinbefore  mentioned,  to  erect,  install  and 
maintain  any  fences,  openings,  gates,  farm  crossings,  or 
cattle  guards  as  herein  required,  after  having  received 
not  less  than  30  days'  notice  requiring  them  to  erect, 
install  an'd  maintain  such  fences,  openings,  gates,  farm 
crossings  or  cattle  guards,  then  the  owner  of  such  fiefd 
or  enclosure  may  erect  and  maintain  such  fences,  open- 
ings, gates,  farm  crossings  and  cattle  guards,  and  shall 
thereupon  have  a  right  to  recover  from  such  railroad 
or  corporation,  the  full  value  of  the  work  so  done,  by 
a  civil  action  in  any  court  of  competent  jurisdiction. 

Crossings  and  cattle  guards.  §  2816.  It  shall  be  the 
duty  of  every  railroad  company  whose  line  runs  through 
or  across  any  desert  or  other  unoccupied  territory,  to 
keep  and  maintain  suitable  crossings  and  cattle  guards, 
wherever  any  public  highway  or  publicly  traveled  road* 
crosses  the  same,  and  to  place  gates  at  convenient 
intervals  not  exceeding  four  miles  apart,  for  the  cross- 
ing of  the  same  wherever  there  are  no  roads  within  such 
distances. 

Claim  for- damages.  §2817  (as  amended).  Any  person 
claiming  damages  under  §  2815  of  the  Revised  Codes,  as 
amended,  aforesaid,  must  serve  notice  of  his  claim  in 
writing  signed  by  such  person,  or  some  one  in  his  be- 
half, upon  any  station  agent,  ticket  agent,  or  other  agent 
of  such  railroad  company  or  corporation,  within  six 
months  after  the  alleged  damage  is  done,  and  all  suits 
for  such  damage  must  be  commenced  within  one  year 
after  the   service  of  such  notice. 

Attorney's  fees.  §  2818  (as  amended).  In  all  suits  under 
9  2815  of  the  Revised  Codes  of  Idaho,  as  amended,  afore- 
said, if  the  plaintiff  recover  any  damages  he  shall  also 
be  entitled  to  recover  reasonable  attorney's  fees,  to- 
gether with  his  costs  of  suit. 


Repeal.  That  §  2814  of  the  Revised  Codes  of  Idaho  and 
all  other  Acts  or  parts  of  Acts  in  conflict  herewith  are 
hereby    repealed. 

Approved    March    13,    1911. 

Books  of  descriptions  of  stock  killed.  §  2819.  Every 
railroad  company  must  keep  a  book  at  a  principal  sta- 
tion in  each  county  into  or  through  which  its  road 
runs,  to  be  designated  by  the  company,  and  a  notice  of 
the  station  so  designated  must  be  filed  with  the  re- 
corder of  the  county  in  which  the  station  is  located; 
and  every  such  company  must  cause  to  be  entered  in 
said  book,  within  15  days  after  the  killing  or  maiming  of 
any  animal,  a  description  as  nearly  as  may  be  of  such 
animal,  its  color,  age,  marks  and  brands,  and  keep 
said  book  subject  to  public  inspection.  Should  any 
company  fail  to  keep  such  book,  or  to  file  such  notice 
in  the  manner  herein  provided,  or  to  enter  therein  such 
description  of  any  animal  maimed  or  killed,  for  a  period 
of  15  days  thereafter,  such  company  is  liable  to  the 
owner  of  such  animal  for  twice  the  value  thereof. 

Disposal  of  carcass.  §  2820.  In  case  of  maiming  or  kill- 
ing any  cattle,  sheep  or  hog,  the  body  of  the  animal 
belongs  to  the  company,  unless  the  owner  elects,  within 
12  hours,  to  take  the  same  in  satisfaction  or  reduction 
of  damages.  The  company  may  proceed  to  take  cs  re 
of  and  preserve  the  body  of  such  animal,  and  must, 
unless  taken  by  the  owner,  take  off  enough  of  the  hMe, 
to  show  distinctly  any  brands  on  such  animal,  a  so 
both  ears,  including  the  hide  between  the  ears,  and  in 
such  way  as  to  keep,  the  ears  together,  and  the  pieces 
of  hide  so  taken  off,  and  the  ears  of  each  animal,  mi  st 
be  attached  together  and  preserved  for  at  least  three 
months  for  inspection  at  the  station  house  nearest  to 
the  place  where  such  killing  or  maiming  occurred.  Far 
every  failure  so  to  keep  any  such  pieces  of  hide  a  id 
ears  for  inspection,  the  company,  in  addition  to  t  le 
damages  to  the  owner,  forfeits  $100,  to  be  recovered  in 
an  action  in  the  name  of  the  State,  in  any  court  jf 
competent  jurisdiction,  one-half  to  be  paid  into  t  le 
school  fund  of  the  county,  and  the  residue  to  tie 
informer. 

Report  of  delayed  trains.  §  2823.  All  railway  corpoi  a- 
tions  operating  in  the  State  of  Idaho,  shall,  upon  t  e 
arrival  of  delayed  passenger  trains  at  the  first  divisic  n 
terminal  within  the  confines  of  this  State,  notify  1  y 
telegraph  every  station  on  the  line  of  the  road  with  n 
this  State,  how  much  the  said  passenger  train  is  d  3- 
layed.  Upon  the  arrival  of  the  said  delayed  passeng  t 
train  at  each  succeeding  division  terminal,  or  satii  n 
where  train  dispatchers  are  located,  it  shall  be  tl  e 
duty  of  the  dispatcher  or  telegraph  operator  at  eai  h 
terminal  or  office  to  notify  every  telegraph  station  <  n 
the  line  of  the  road,  not  yet  reached  by  such  train,  how 
much   the  said  train  is  delayed. 

Same — Notice  at  stations.  §  2824.  Every  operate  r, 
agent  or  person  in  charge  of  the  telegraph  station,  sh£  II 
post  a  notice  in  a  conspicuous  place  in  the  station  or 
waiting  room  and  when  such  telegraph  station  is  co  i- 
nected  by  telephone  with  the  central  telephone  e'C- 
change  in  any  town  or  city,  he  shall  promptly  not!  y 
such  central  exchange  how  late  the  delayed  train  s 
running. 

Same — Failure  to  give  notice  a  misdemeanor.  §  2825. 
Every  operator,  dispatcher,  agent  or  person  in  charge 
of  a  telegraph  station,  who  shall  fall,  neglect  or  refute 
to  post  such  notice  correctly,  or  to  advise  such  telephoi  e 
exchange  promptly,  shall  be  deemed  guilty  of  a  misds- 
meanor  and,  upon  conviction  thereof,  shall  be  fined  nut 
to  exceed  $25  for  each  offense. 

Same — Punishment  of  corporation.  Any  railway  corpo- 
ration that  shall  violate  the  provisions  of  the  throe 
preceding  sections  shall  be  deemed  guilty  of  a  misde- 
meanor and,  upon  conviction  thereof,  shall  be  fined  not 
to   exceed   $100   for  each   offense. 

ARTICLE  4. 

CONDITIONAL    SALES    AND    LEASES    OF    EQUIPMENT. 

Lien  of  vendor  or  lessor.  §  2827.  In  any  contract  for 
the  sale  of  railroad  or  street  railway  equipment  or 
rolling  stock,  it  shall  be  lawful  to  agree  that  the  title 
to  the  property  sold  or  contracted  to  be  sold,  although 
possession  thereof  may  be   delivered   immediately,   or  at 


Public  Service  Laavs 


425 


any  time  or  times  subsequently,  shall  not  vest  in  the 
purchaser  until  the  purchase  price  shall  be  fully  paid, 
or  that  the  seller  shall  have  and  retain  a  lien  thereon  for 
the  unpaid  purchase  money.  And  in  any  contract  for 
the  leasing  or  hiring  of  such  propferty,  it  shall  be  law- 
ful to  stipulate  for  a  conditional  sale  thereof  at  the 
termination  of  such  contract,  and  that  the  rentals  or 
amounts  to  be  received  under  such  contract  may,  as 
paid,  be  applied  and  treated  as  purchase  money,  and 
that  the  title  to  the  property  shall  not  vest  in  the 
lessee  or  bailee  until  the  purchase  price  shall  have  been 
paid  in  full,  and  until  the  terms  of  the  contract  shall 
have  been  fully  performed,  notwithstanding  delivery  to 
and  possession  by  such  lessee  or  bailee;  provided,  that 
no  such  contract  shall  be  valid  as  against  any  subse- 
quent judgment  creditor  or  any  subsequent  bona  fide 
purchaser  for  value  and  without  notice  unless:  (1)  The 
same  shall  be  evidenced  by  an  instrument  executed  by 
the  parties  and  duly  acknowledged  by  the  vendee  or 
lessee  or  bailee,  as  the  case  may  be,  or  duly  proved 
before  some  person  authorized  by  law  to  take  acknowl- 
edgments of  deeds  and  in  the  same  manner  as  deeds 
are  acknowledged  or  proved;  (2)  Such  instrument  shall 
be  filed  for  record  in  the  office  of  the  secretary  of  State; 
(3)  Bach  locomotive  engine  or  car  so  sold,  leased  or 
hired,  or  contracted  to  be  sold,  leased  or  hired  as  afore- 
said, shall  have  the  name  of  the  vendor,  lessor  or 
bailor  plainly  marked  on  each  side  thereof,  followed 
by  the  word  "owner"  or  "lessor"  or  "bailor"  as  the 
case  may  be. 

Same— Record  of  contract.  §  2828.  The  contracts  herein 
authorized  shall  be  recorded  by  the  secretary  of  State 
in  a  book  of  records  to  be  kept  for  that  purpose.  And 
on  payment  in  full  of  the  purchase  money,  and  the 
performance  of  the  terms  and  conditions  stipulated  in 
any  such  contract,  a  declaration  in  writing  to  that 
effect  may  be  made  by  the  vendor,  lessor  or  bailor, 
or  his  or  its  assignee,  which  declaration  may  be  made 
on  the  margin  of  the  record  of  the  contract,  duly  at- 
tested, or  it  may  be  made  by  a  separate  instrument, 
to  be  acknowledged  by  the  vendor,  lessor  or  bailor,  or 
his  or  its  assigne,  and  recorded  as  aforesaid.  And  for 
such  services  the  secretary  of  State  shall  be  entitled 
to  a  fee  of  $2  for  recording  each  of  said  contracts 
and  each  of  said  declarations,  and  a  fee  of  $1  for 
noting  such  declaration  on  the  margin  of  the  record. 

Prior  contracts  not  affected.  §  2829.  This  article  shall 
not  be  held  to  invalidate  or  affect  in  any  way  any 
contract  of  the  kind  referred  to  in  the  first  section 
hereof,  made  prior  to  the  third  day  of  May,  1905,  and 
any  such  contract  theretofore  made  may,  upon  compli- 
ance with  the  provisions  of  this  article,  be  recorded  as 
herein    provided. 

CHAPTER  3. 

BKIDGE,    J'ERRT,    FLUME    AND    BOOM    CORPORATIONS. 

License  to  take  tolls:  §  2830.  When  a  corporation  is 
formed  for  the  construction  and  maintenance  of  a 
bridge,  ferry,  flume  or  boom,  or  for  two  or  more  of 
said  purposes,  it  must  not  take  tolls  on  or  for  the  same 
until  authority  is  granted  therefor  by  the  boards  of 
county  commissioners  of  the  county  or  counties  where 
its  flume'  or  abutments,  landings  or  anchorages  are 
situate.  But  after  such  authority  is  granted  it  may 
demand  and  receive  such  tolls  as  it  is  so  authorized 
to  take,  and  may,  when  necessary,  secure  the  right  of 
way  for  its  flume,  and  the  necessary  chutes,  raceways, 
landings,  abutments  and  anchorages  under  the  provisions 
of  the  Code  of  Civil  Procedure. 

When  franchise  ceases.  §  2831.  Every  such  corporation 
ceases  to  be  a  body  corporate;  First.  If,  within  one  year 
from  filing  its  articles  of  incorporation  it  has  not  com- 
menced the  construction  of  its  bridge,  flume  or  boom,  as 
the  case  may  be,  and  if  within  two  years  from  such 
filing  its   bridge   or  boom  is  not  completed. 

Second.  If,  when  the  boom  of  such  corporation  is 
destroyed,  it  is  not  reconstructed,  and  ready  for  use 
within  two  years  thereafter. 

Third.  If  the  ferry  of  any  such  corporation  is  not 
in  running  order  within  four  months  after  authority  to 
take  tolls  thereon  is  obtained,  or  if  at  any  time  there- 
after it  ceases,  for  a  like  term  consecutively,  to  perform 
the  duties  imposed  by  law. 


Application  to  individuals.  §  2832.  When  a  bridge, 
ferry,  flume  or  boom  is  operated  or  owned  by  a 
natural  person,  this  chapter  is  applicable  to  such  per- 
son in  like  manner  as  it  is  applicable  to  corporations. 

CHAPTER  4. 

TELEGB^lPH,     TELEPHONE     AND     ELECTRIC     POWER     CORPORATIONS. 

Right  to  use  highways.  §  2833.  Telegraph  and  tele- 
phone corporations  may  construct  lines  of  telegraph 
or  telephone  along  and  upon  any  public  road  or  high 
way,  along  or  across  any  of  the  waters  or  lands  within 
this  State,  and  may  erect  poles,  posts,  piers  or  abut- 
ments for  supporting  the  insulators,  wires  and  other 
necessary  fixtures  of  their  lines  in  such  manner  and  at 
such  points  as  not  to  incommode  the  public  use  of  the 
road  or  highway,  or  Interrupt  the  navigation  of  the 
waters. 

Injury  to  company's  property.  §  2834.  Any  person  who 
injures  or  destroys,  through  want  of  proper  care,  any 
necessary  or  useful  fixture  of  any  telegraph  or  telephone 
corporation,  is  liable  to  the  corporation  for  all  damages 
sustained    thereby. 

Penalty  for  malicious  injury.  §  2835.  Any  person  who 
wilfully  or  maliciously  does  any  injury  to  any  telegraph 
or  telephone  property  mentioned  in  the  preceding  sec- 
tion, is  liable  to  the  corporation  for  100  times  the 
amount  of  actual  damages  sustained  thereby,  to  be  re- 
covered  in   any   court  of  competent  jurisdiction. 

Transfer  of  rights  and  franchises.  %  2836.  Any  tele- 
graph or  telephone  corporation  may,  at  any  time,  with 
the  consent  of  the  persons  holding  two-thirds  of  the 
issued  stock  of  the  corporation,  sell,  lease,  assign,  transfer 
or  convey  any  rights,  privileges,  franchises  or  property  of 
the  corporation,  except  its  corporate  franchise. 

Rights  of  -way  for  electric  potcer  companies.  §  2837. 
Any  person,  company  or  corporation,  incorporated  or 
that  may  hereafter  be  incorporated  under  the  laws  of 
this  State  or  of  any  State  or  Territory  of  the  United 
States,  and  doing  business  in  this  State,  for  the 
purpose  of  supplying,  transmitting,  delivering  or  furnish- 
ing electric  power  or  electric  energy  by  wires,  cables 
or  any  other  methods  or  means  shall  have  and  is  hereby 
given  the  right  to  erect,  construct,  maintain,  and  operate 
all  necessary  lines  upon,  along  and  over  any  and  all 
public  roads,  streets  and  highways,  except  within  the 
limits  of  incorporated  cities  and  towns  and  across  the 
right  of  way  of  any  railroad  or  railroad  corporation, 
together  with  poles,  piers,  arms,  cross-arms,  wires,  sup- 
ports, structures  and  fixtures,  for  the  purposes  afore- 
said, or  either  of  them,  in  such  manner  and  at  such 
places  as  not  to  incommode  the  public  use  of  the  road, 
highway,  street,  or  railroad,  or  to  interrupt  the  naviga- 
tion of  water,  together  with  the  right  to  erect,  con- 
struct, maintain  and  operate  upon  said  electric  power 
line  a  telephone  line  to  be  used  only  in  connection 
with  the  said  electric  energy  and  power  line;  provided, 
that,  the  corporation,  company  or  person  exercising  the 
right  of  way  herein  and  hereby  granted,  shall  first  apply 
to  the  board  of  county  commissioners  for  permission 
to  construct  in  the  manner  provided  by  law,  and  to  ac- 
quire a  right  of  way,  and  shall  give  to  the  county  into 
or  through  which  the  right  of  way  herein  and  hereby 
granted  is  exercised,  a  bond,  with  surety  to  be  approved 
by  the  board  of  county  commissioners,  in  the  sum  of 
$5,000,  conditioned  to  hold  the  said  county  harmless 
from  any  and  all  liability  on  account  of  the  erection, 
construction,  maintenance,  or  operation  of  the  said  elec- 
tric line  or  lines;  provided,  further,  that  nothing  in  this 
section  shall  be  construed  to  mean  the  right  to  occupy 
public  roads  for  any  railroad  or  car  line  of  any  kind. 

TELEGRAPH   AND   TELEPHONE   LINES   TO   CO-OPER- 
ATE. ~ 

Be  it  enacted  hy  the  legislature  of  the  State  of  Idaho: 

Messages  to  be  sent  without  delay.  §  1.  It  shall  be 
unlawful  for  any  telegraph  or  telephone  company  or 
any  person  in  charge  of  such  telegraph  or  telephone 
service,  or  operating  or  controlling  any  public  telegraph 
or  telephone  stystem  or  olflce  within  this  State,  in  whole 
or  in  part,  or  any  employe  thereof,  to  fail  or  refuse 
to  accept  and  transmit  to  its  final  destination,  promptly 


426 


National  Association  of  Railway  Commissioners 


and  by  the  most  expeditious  means  of  communication 
tliereof,  any  message  or  communication  wlien  the  same 
■  shall  be  presented  for  transmission  to  any  regular  tele- 
graph or  telephone  station  upon  any  of  its  lines,  and 
the  regular  and  usual  fees  and  charges  paid,  tend- 
ered or  offered  thereon;  provided,  that  when  any  mes- 
sage or  communication  is  offered  which  is  couched,  In 
whole  or  in  part,  in  obscene  or  profane  language,  noth- 
ing in  this  Act  contained  shall  be  so  construed  as  to 
compel  any  telegraph  or  telephone  company,  or  any 
person  in  charge  of  the  same,  to  transmit  such  message 
or  communication,  and  for  the  purpose  of  carrying  out 
the   provisions   of  this   Act. 

Telegraph  offices  to  be  equipped  with  phones.  All  tele- 
graph offices  or  stations  from  which  messages  are  trans- 
mitted, or  at  which  messages  are  received  for  trans- 
mission shall,  within  20  days  after  this  Act  shall  take 
effect,  be  equipped  with  proper  telephone  connections 
in  order  that  messages  and  communications  may  be  ex- 
peditiously transferred  from  telegraph  to  telephone  lines 
or  from  telephone  to  telegraph  lines  when  such  transfer 
will  accelerate  the  transmission  of  any  such  messages 
or  communications;  provided,  that  nothing  herein  is 
intended  to  require  said  telegraph  companies  or  any 
one  operating  or  controlling  any  telegraph  system  or 
office  within  this  State  to  build  a  telephone  line,  it 
being  intended  to  require  such  company  to  install  a 
telephone  in  each  of  its  offices  where  such  telephone 
can  be  obtained  by  them,  as  it  may  be  obtained  by 
other  business  offices   in   the   same  vicinity. 

Telegraph  and  phone  companies  must  co-operate.  §  2. 
It  is  the  purpose  of  this  Act,  among  other  things,  to 
require  co-operation  on  the  part  of  telegraph  and  tele- 
phone companies  in  the  transmission  of  messages  and 
communications  to  or  from  any  place  where  the  use  of 
both  means  of  communication  is  necessary  or  desirable 
and  where  such  use  will  expedite  the  transmission  of 
any  such  message  or  communication;  and  it  shall  be 
unlawful  for  any  telegraph  or  telephone  company  or 
any  person  having  charge  of  any  public  telegraph  or 
telephone  service  or  system,  controlling  or  operating 
any  such  system  within  this  State,  in  whole  or  in  part, 
or  any  employe  thereof,  to  transmit  any  message  or 
communication  upon  which  the  fees  and  charges  have 
been  paid,  tendered  or  offered,  as  herein  provided,  by 
mail,  over  any  portion  of  the  distance  over  which  such 
message  or  communication  is  to  be  transmitted,  unless 
neither  telegraph  or  telephone  service  is  available,  and 
then  such  means  of  transmission  shall  only  be  used 
for  such  distance  as  necessary  in  conveying  such  mes- 
sage  to   the   nearest   telegraph   or   telephone   station. 

Remedy  cumulative.  §  3.  This  Act  shall  be  cumulative 
only,  and  is  intended  as  affording  additional  remedy  not 
now  provided  by  law,  and  is  not  intended  as  a  repeal  of 
anw  existing  law,  unless  the  same  shall  be  in  conflict 
herewith.    In  such  case,  such  law  is  hereby  repealed. 

Violation  a  misdemeanor.  §  4.  Any  telegraph  or  tele- 
phone company  or  person  owning,  controlling  or  operat- 
ing any  telegraph  or  telephone  line  or  system  within  this 
State,  in  whole  or  in  part,  or  any  employe  thereof, 
violating  any  of  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  exceeding  ?300. 

Approved  March  11,  1911. 

CHAPTER  5. 

WATER   AND   CANAL   COKPOEATIONS. 

Contracts  for  municipal  water  supply,  i  2838.  No  cor- 
poration formed  to  supply  any  city  or  town  with  water 
must  do  so  unless  previously  authorized  by  an  ordi- 
nance of  the  authorities  thereof,  or  unless  it  is  done 
in  conformity  with  a  contract  entered  into  between  the 
city  or  town  and  the  corporation.  Contracts  so  made 
are  valid  and  binding  in  law,  but  do  not  take  from  the 
city  or  town  the  right  to  regulate  the  rates  for  water, 
nor  must  any  exclusive  right  be  granted.  No  contract 
or   grant  must  be   made   for  a  term  exceeding  50  years. 

Fixing  water  rates.  §  2839.  All  persons,  companies  or 
corporations  supplying  water  to  towns  and  cities,  must 
furnish  pure,  fresh  and  healthful  water  to  the  inhabi- 
tants thereof  for  family  use,  business  houses,  lawns  and 
all   domestic   purposes   so  long  as   their  supply   permits. 


without  distinction  of  person,  upon  demand  in  writing 
therefor,  under  such  reasonable  rules  and  regulations 
as  the  person,  company  or  corporation  supplying  water, 
may,  from  time  to  time,  establish,  and  at  such  rates 
as  established  in  the  manner  hereinafter  specified ;  and 
must  also  furnish  water  to  the  extent  of  its  means  in 
cases  of  fire  or  other  great  necessity,  at  reasonable  rates 
established   in   the   manner  hereinafter   specified. 

The  rates  to  be  charged  for  water  must  be  deter- 
mined by  commissioners  to  be  selected  as  follows:  Two 
by  the  town  or  city  authorities,  or  when  there  are  no 
town  or  city  authorities,  then  by  the  board  of  county 
commissioners  of  the  county,  the  two  said  commissioners 
so  selected  to  be  taxpayers  of  such  town  or  city;  said 
town  or  city  authorities  must,  within  10  days  after  the 
appointment  of  the  two  commissioners  so  selected,  give 
notice  in  writing  to  said  person,  company,  or  corpora- 
tion supplying  water,  of  the  appointment  of  such  com- 
missioners, and  the  names  of  each,  and  within  30 
days  thereafter  two  other  commissioners,  taxpayers  of 
said  town  or  city,  must  be  selected  by  the  person, 
company  or  corporation  supplying  water,  and  in  case 
a  majority  of  the  four  commissioners  so  selected  ctn- 
not  agree  on  the  rates  to  be  fixed,  they  must  select 
a  fifth  commissioner,  who  must  also  be  a  taxpayer  of 
such  town  or  city;  said  town  or  city  authorities  muut, 
within  10  days  after  the  appointment  of  the  two  cou- 
missioners  so  selected,  give  notice  in  writing  to  said 
person,  company,  or  corporation  supplying  water,  of 
the  appointment  of  such  commissioners  and  the  nam;8 
of  each,  and  within  30  days  thereafter  two  other  coiq- 
missioners,  taxpayers  of  said  town  or  city,  must  ]>& 
selected  by  the  person,  company  or  corporation  supply- 
ing water,  and  in  case  a  majority  of  the  four  coia- 
missioners  so  selected  cannot  agree  on  the  rates  to  he 
fixed,  they  must  select  a  fifth  commissioner,  who  mu  it 
also  be  a  taxpayer  of  such  town  or  city,  and  if  they  ca  i- 
not  agree  upon  a  fifth  commissioner,  then  the  proba  e 
judge  of  the  county,  must,  within  10  days  after  noti(  e 
to  him  by  said  commissioners,  that  they  are  unable  o 
agree  upon  a  fifth  commissioner,  select  a  fifth  coi  i- 
missioner  qualified  as  aforesaid.  The  decision  of  a  m  i- 
jority  of  the  commissioners  thus  selected  must  fix  ai  d 
determine  the  rates  to  be  charged  for  water  for  a  II 
the  uses  and  purposes  heretofore  specified,  for  tl  e 
ensuing  three  years,  from  the  date  of  such  decisio  i, 
and  until  new  rates  are  established  as  herein  provide  I. 
The  decision  of  such  commissioners  so  selected  mu:  t 
be  made  within  90  days  from  the  date  such  board  <  f 
water  commissioners  is  complete ;  provided,  that  ar  y 
person,  company  or  corporation  supplying  water,  ar  i 
failing  or  refusing  within  the  time  above  specified  i  o 
appoint  such  commissioners  so  required  of  them,  she  1 
forfeit  the  sum  of  $100  per  day  for  every  day  thereaft*  r 
and  until  such  commissioners  are  appointed;  provide  1, 
further,  that  nothing  in  this  section  contained  shall 
relieve  said  town  or  city  authorities  from  their  duly 
to  appoint  the  commissioners  herein  specified  withia 
a  reasonable  time  after  the  granting  of  a  franchise  lo 
any  person,  company,  or  corporation  to  supply  water  { s 
aforesaid;  provided,  further,  that  said  commlssionei  s 
shall  receive  reasonable  compensation  for  their  servic(  s 
in  establishing  such  water  rates,  one-half  of  said  suia 
to  be  paid  by  the  town  or  city,  and  one-half  by  such 
person,  company,  or  corporation  supplying  water;  pr  >- 
vided,  further,  that  said  commissioners  shall  be  en- 
powered  to  incur  any  other  expense  that  may  be  neces- 
sary to  aid  them  in  establishing  such  water  rates,  and 
one-halt  of  such  expense  shall  be  paid  by  the  city? 
town,  and  the  other  halt  by  such  person,  company^ 
corporation  supplying  water. 

Right  of  way  granted.  §  2840.  Any  corporation  created 
under  the  provisions  of  this  title  for  the  purposts 
named  in  this  chapter  subject  to  the  reasonable  rul(S 
and  directions  of  the  city  or  town  authorities  as  to 
the  mode  or  manner  of  using  such  right  of  way  within 
the  city  or  town,  and  subject  to  the  reasonable  rules 
and  directions  of  the  board  of  county  commissioners  £.8 
to  the  mode  and  manner  of  using  any  right  of  way 
outside  the  corporate  limits  of  such  city  or  town,  may 
use  so  much  of  the  streets,  alleys  and  ways  in  any  city 
or  town,  or  the  public  roads  and  highways  within  the 
county,  as  may  be  necessary  for  the  laying  of  pipes  for 


and 


Public  Service  Laws 


437 


conducting  water  to  Its  consumers,  or  the  building  and 
maintaining  of  ditclies,  canals,  pipes,  flumes  and  aque- 
ducts in  conducting  water  from  outside  points  to  the  cor- 
porate limits   of   said   city   or  town. 

Works  not  to  obstruct  highways.  §  2841.  All  water- 
works must  be  so  laid  and  constructed  as  not  to  ob- 
struct  public   highways. 

Water  users'  associations  —  Exemption  from  taxes. 
§  2842.  Any  water  users'  association  which  is  organ- 
ized in  conformity  with  the  requirements  of  the  United 
States  under  the  Reclamation  Act  of  June  17,  1902, 
and  which,  under  its  articles  of  incorporation,  is  author- 
ized to  furnish  water  only  to  its  stockholders,  shall  be 
exempt  from  the  payment  of  any  incorporation  tax, 
and  from  the  payment  of  any  annual  franchise  tax; 
but  shall  be  required  to  pay,  as  preliminary  to  its  In- 
corporation, only  a  fee  of  $25  for  the  filing  and  record- 
ing of  its  articles  of  incorporation  and  the  issuance 
of    certificate    of    incorporation. 

Some — Record  of  articles  and  subscriptions.  §  2843.  It 
shall  be  the  duty  of  the  county  recorder  of  counties  in 
which  water  users'  associations  are  organized  to  pro- 
vide record  books  containing  printed  forms  of  the 
articles  of  incorporation  and  stock  subscriptions  to  the 
stock  of  water  users'  associations  organized  in  con- 
formity with  the  requirements  of  the  United  States 
under  the  Reclamation  Act,  and  to  use  such  books  for 
recording  stock  subscriptions  of  such  associations;  and 
the  charges  for  the  recording  thereof  shall  be  made 
on  the  basis  of  the  number  of  words  actually  written 
therein    and    not   for    the    printed    form. 

Annual  report  of  irrigation  companies.    §  2844.   Omitted. 


CHAPTER  6. 

BESERVOIBS    AND    BIGHTS    OF    WAY. 

Rights  of  way  for  railroads,  telegraphs,  etc.  §  1637.  The 
State  board  of  land  commissioners  is  hereby  empowered 
to  grant,  over  and  upon  any  land  owned  or  controlled 
by  the  State  of  Idaho,  rights  of  way  for  railroad,  tele- 
graph, telephone  and  electric  lines,  also  rights  of  way 
for  highway  purposes,  and  rights  of  way  for  any  other 
public  or  private  purpose  or  beneficial  use.  Application 
for  such  right  of  way  must  be  accompanied  by  a  map, 
in  duplicate,  showing  the  course  of  such  right  of  way 
over  each  smallest  legal  subdivision  of  land,  and  the 
amount  of  land  required  for  said  right  of  way.  The 
said  right  of  way  may  be  granted  by  the  State'  board 
of  land  commissioners  upon  such  terms  and  upon  such 
compensation  being  paid  therefor  as  the  said  board  may 
determine;  provided,  that  no  land  shall  be  sold  under 
the  provisions  of  this  section  for  less  than  $10  per 
acre.  Upon  the  said  right  of  way  being  granted,  it  shall 
be  the  duty  of  the  register  of  the  State  land  board  to 
enter  the  same  upon  the  plats  of  State  lands  on  file  in 
his  office;  provided,  further,  that  if  the  lands  so  granted 
are  not  used  for  the  purpose  specified  in  the  application 
for  right  of  way,  within  five  years  from  the  granting  of 
such  right  of  way,  then  in  such  event  the  said  lands  so 
granted  shall  revert  to  the  State;  or  if  the  tracks  or 
works  upon  such  lands  for  which  such  right  of  way 
has  been  granted  are  not  competed  within  five  years 
after  such  right  of  way  has  been  granted,  the  State 
land  board  shall  have  the  right  to  declare  such  rights  ot 
way    forfeited. 


PUBLIC  SERVICE  LAWS  OF  ILLINOIS 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  XI. 

I  4.  No  law  shall  be  passed  by  the  general  assembly 
granting  the  right  to  construct  and  operate  a  street 
railroad  within  any  city,  town  or  incorporated  village, 
without  requiring  the  consent  of  the  local  authorities 
having  the  control  of  the  street  or  highway  proposed 
to  be  occupied   by  such  street  railroad. 

§  9.  Every  railroad  corporation  organized  or  doing 
business  in  this  State,  under  the  laws  or  authority 
thereof,  shall  have  and  maintain  a  public  oflSce  or  place 
in  this  State  for  the  transaction  of  its  business,  where 
transfers  of  stock  shall  be  made,  and  in  which  shall  be 
kept,  for  public  inspection,  books,  in  which  shall  be 
recorded  the  amount  of  capital  stock  subscribed  and 
by  whom;  the  names  of  the  owners  of  its  stock,  and  the 
amounts  owned  by  them  respectively;  the  amount  of 
stock  paid  in,  and  by  whom;  the  transfer  of  said  stock; 
the  amount  of  its  assets  and  liabilities,  and  the  names 
and  place  of  residence  of  its  officers.  The  directors  of 
every  railroad  corporation  shall,  annually,  make  a 
report,  under  oath,  to  the  auditor  of  public  accounts 
or  some  officer  to  be  designated  by  law,  of  all  their  acts 
and  doings,  which  report  shall  include  such  matters 
relating  to  railroads  as  may  be  prescribed  by  law. 
And  the  general  assembly  shall  pass  laws  enforcing 
by   suitable  penalties   the   provisions  of  this  action. 

§  10.  The  rolling  stock  and  all  other  movable  prop- 
erty belonging  to  any  railroad  company  or  corporation 
In  this  State,  shall  be  considered  personal  property, 
and  shall  be  liable  to  execution  and  sale  in  the  same 
manner  as  the  personal  property  of  individuals,  and  the 
general  assembly  shall  pass  no  law  exempting  any  such 
property  from  execution  and  sale. 

§  11.  No  railroad  corporation  shall  consolidate  its 
stock,  property  or  franchises  with  any  other  railroad 
corporation  owning  a  parallel  or  competing  line;  and 
In  no  case  shall  any  consolidation  take  place,  except 
upon  public  notice  given,  of  at  least  60  days,  to  all 
stockholders,  in  such  manner  as  may  be  provided  by 
law.  A  majority  of  the  directors  of  any  railroad  cor- 
poration, now  incorporated  or  hereafter  to  be  incorpo- 
rated by  the  laws  of  this  State,  shall  be  citizens  and 
residents  of  this  State. 

§  12.    Railways    heretofore    constructed,    or    that    may 


hereafter  be  constructed  in  this  State,  are  hereby  de- 
clared public  highways,  and  shall  be  free  to  all  per- 
sons for  the  transportation  of  their  persons  and  prop- 
erty thereon,  under  such  regulations  as  may  be  pre- 
scribed by  law.  And  the  general  assembly  shall,  from, 
time  to  time,  pass  laws  establishing  reasonable  maximum 
rates  of  charges  for  the  transportation  of  passengers, 
and   freight  on  the  different  railroads  in  this  State. 

§  13.  No  railroad  corporation  shall  issue  any  stock 
or  bonds,  except  for  money,  labor  or  property  actually 
received,  and  applied  to  the  purposes  for  which  such 
corporation  was  created,  and  all  stock  dividends,  and 
other  fictitious  increase  of  the  capital  stock  or  indebted- 
ness of  any  such  corporation,  shall  be  void.  The  capital 
stock  of  no  railroad  corporation  shall  be  increased 
for  any  purpose,  except  upon  giving  60  days'  public 
notice  in  such   manner  as  may  be  provided  by  law. 

§  14.  The  exercise  of  the  power  and  the  right  of 
eminent  domain  shall  never  be  so  construed  or  abridged 
as  to  prevent  the  taking,  by  the  general  assembly,  of 
the  property  and  franchises  of  incorporated  companies 
already  organized  and  subjecting  them  to  the  public 
necessity  the  same  as  of  individuals.  The  right  ot 
trial  by  jury  shall  be  held  inviolate  in  all  trials  of 
claims  for  compensation,  when,  in  the  exercise  of  the 
said  right  of  eminent  domain,  any  incorporated  company 
shall  be  Interested  either  for  or  against  the  exercise  of 
said  right. 

§  15.  The  general  assembly  shall  pass  laws  to  cor- 
rect abuses  and  prevent  unjust  discrimination  and  ex- 
tortion in  the  rates  of  freight  and  passenger  tariffs 
on  the  different  railroads  in  this  State,  and  enforce  such 
laws  by  adequate  penalties,  to  the  extent,  If  necessary 
for  that  purpose,  of  forfeiture  of  their  property  and 
franchises. 

ARTICLE  XIII. 

WAREHOUSES. 

§  1.  All  elevators  or  storehouses  where  grain  or  other 
property  is  stored  for  a  compensation,  whether  the 
property  stored  be  kept  separate  or  not,  are  declared 
to   be   public   warehouses. 

§  2.  The  owner,  lessee  or  manager  of  each  and  every 
public  warehouse  situated  in  any  town  or  city  of  not 
less  than  100,000  inhabitants,  shall  make  weekly  state- 
ments  under  oath,  before   some  officer  to  be  designated 


428 


National  Association  of  Eailway  Commissioners 


by  law,  and  keep  the  same  posted  in  some  conspicuous 
place  In  the  office  of  such  warehouse,  and  shall  also 
file  a  copy  for  public  examination  in  such  place  as  shall 
be  designated  by  law,  which  statement  shall  correctly 
set  forth  the  amount  and  grade  of  each  and  every 
kind  of  grain  in  such  warehouse,  together  with  such 
other  property  as  may  be  stored  therein,  and  what 
warehouse  receipts  have  been  issued,  and  are,  at  the 
time  of  making  such  statement,  outstanding  therefor, 
and  sliall,  on  the  copy  posted  in  the  warehouse,  note 
daily  such  changes  as  may  be  made  in  the  quantity 
and  grade  of  grain  in  such  warehouse  and  the  different 
grades  of  grain  shipped  in  separate  lots  shall  not  be 
mixed  with  inferior  or  superior  grades  without  the  con- 
sent  of   the   owner  or  consignee  thereof. 

§  3.  The  owners  of  property  stored  in  any  warehouse, 
or  holder  of  a  receipt  for  the  same,  shall  always  be  at 
liberty  to  examine  such  property  stored,  and  all  the 
books  and  records  of  the  warehouse  in  regard  to  such 
property. 

§  4.  All  railroad  companies  and  other  common  carriers 
on  railroads  shall  weigh  or  measure  grain  at  points 
where  it  is  shipped,  and  receipt  for  the  full  amount 
and  shall  be  responsible  for  the  delivery  of  such  amount 
to  the  owner  or  consignee  thereof,  at  the  place  of  des- 
tination. 

§  5.  All  railroad  companies  receiving  and  transporting 
grain  in  bulk  or  otherwise,  shall  deliver  the  same  to  any 
consignee  thereof,  or  any  elevator  or  public  warehouse 
to  which  it  may  be  consigned,  provided  such  consignee 
or  the  elevator  or  public  warehouse  can  be  reached  by 
any  track  owned,  leased  or  used,  or  which  can  be  used, 
by  such  railroad  companies;  and  all  railroad  companies 
shall  permit  connections  to  be  made  with  their  track 
so  that  any  such  consignee  and  any  public  warehouse, 
coal  bank  or  coal  yard,  may  be  reached  by  the  cars  on 
said    railroad. 

§  6.  It  shall  be  the  duty  of  the  general  assembly  to  pass 
all  necessary  laws  to  prevent  the  issue  of  false  and 
fraudulent  warehouse  receipts,  and  to  give  full  effect 
to  this  article  of  the  constitution,  which  shall  be 
liberally  construed  so  as  to  protect  producers  and  ship- 
pers. And  the  enumeration  of  the  remedies  herein  named 
shall  not  be  construed  to  deny  to  the  general  assembly 
the  power  to  prescribe  by  law  such  other  and  further 
remedies  as  may  be  found  expedient  or  to  deprive  any 
person  of  existing  common  law  remedies. 

§  7.  The  general  assembly  shall  pass  laws  for  the 
Inspection  of  grain,  for  the  protection  of  producers, 
shippers   and  receivers  of  grain   and   produce. 


SEPARATE    SECTIONS. 

ILLINOIS    CENTRAL   RAILROAD. 

No  contract,  obligation  or  liability  whatever,  of  the 
Illinois  Central  Railroad  Company,  to  pay  any  money 
Into  the  State  treasury,  nor  any  lien  of  the  State  upon, 
or  right  to  tax  property  of  said  company  in  accordance 
with  the  provisions  of  the  charter  of  said  company, 
approved  February  10,  in  the  year  of  our  Lord  1851, 
shall  ever  be  released,  suspended,  modified,  altered, 
remitted  or  in  any  manner  diminished  or  impaired  by 
legislative  or  other  authority;  and  all  moneys  derived 
from  said  company,  after  the  payment  of  the  State 
debt,  shall  be  appropriated  and  set  apart  for  the  payment 
of  the  ordinary  expenses  of  the  State  government,  and  for 
no  other  purposes  whatsoever. 

MUNICIPAL    SUBSCRIPTIONS    TO    RAILROADS    OB    PRIVATE 
CORPORATIONS. 

No  county,  city,  town,  township  or  other  municipality 
shall  ever  become  subscriber  to  the  capital  stock  of  any 
railroad  or  private  corporation,  or  make  donation  to  or 
loan  its  credit  in  aid  of  such  corporation:  Provided, 
however,  That  the  adoption  of  this  article  shall  not 
be  construed  as  affecting  the  right  of  any  such  munici- 
pality to  make  such  subscriptions  where  the  same  have 
been  authorized,  under  existing  laws,  by  a  vote  of  the 
people  of  such  municipalities  prior  to  such  adoption. 


STATUTE  LAW. 

RAILROAD   AND   WAREHOUSE    COMMISSIONERS. 

An  Act  to  establish  a  board  of  railroad  and  warehouse 

commissioners,  and  prescribe  their  powers  and  duties. 

[Approved  April   13,   1871;    in   force  July  1,  1871.     L. 

1871-2,  p.   618,  as  amended  by  Act  approved  June  10,  . 

1911.]  i 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- ! 

sented  in  the  general  assembly:  _\ 

Appointment — Term.  167.  §  1.  That  a  commission 
which  shall  be  styled,  "railroad  and  warehouse  commis- 
sion," shall  be  appointed  as  follows:  Within  20  days 
after  this  Act  shall  take  effect,  the  governor  shall 
appoint  three  persons  as  such  commissioners,  who  shall 
hold  their  office  until  the  next  meeting  of  the  general  as- 
sembly, and  until  their  successors  are  appointed  and 
qualified.  At  the  next  meeting  of  the  general  assembly 
and  every  two  years  thereafter,  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  shall  appoint 
three  persons  as  such  commissioners,  who  shall  held 
their  offices  for  the  term  of  two  years  from  the  first 
day  of  January  In  the  year  of  their  appointment,  a:id 
until  their  successors  are  appointed  and  qualified. 

Persons  ineligible  to  appointment — Qualifications — h'e- 
moval.  168.  §  2.  No  person  shall  be  appointed  as  su^h 
commissioner  who  is  at  the  time  of  his  appointment  in 
any  way  connected  with  any  railroad  company,  oth  ;r 
common  carrier  or  warehouse  or  who  is  directly  or  in- 
directly Interested  in  any  stock,  bond  or  other  proper  ,y 
of,  or  is  in  the  employment  of  any  railroad  company, 
other  common  carrier  or  warehouseman;  and  lo 
person  appointed  as  such  commissioner  shall,  durii  g 
the  term  of  his  office,  become  interested  in  any  stoc  i, 
bond  or  other  property  of  any  railroad  company,  othir 
common  carrier  or  warehouse,  or  in  any  manner  be  ei  i- 
ployed  by  or  connected  with  any  railroad  compan  ', 
other  common  carrier  or  warehouseman.  The  govern(  r 
shall  have  power  to  remove  such  commissioner  at  ary 
time  in  his  discretion. 

Oath — Bond.  §  169.  §  3.  Before  entering  upon  the  dutl(  s 
of  his  office,  each  of  the  said  commissioners  shall  make  an  1 
subscribe,  and  file  with  the  secretary  of  State,  an  afl  ■ 
davit,  in  the  following  form: 

I  do  solemnly  swear  or  afflrm  (as  the  case  may  be)  that  I  wl  1 
support  the  constitution  of  the  United  States,  and  the  constltutlo  i 
of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge  tl  : 
duties  of  the  office  of  commissioner  of  railroads  and  warehou 
according  to  the  best  of  my  ability. 


Salaries:  chairman,  $6,000;  others,  $4,000;  secreta 
$3,300— Office  at  Springfield.  170.  §  4.  The  chairman  c  t 
said  commission  shall  receive  for  his  services  the  sui  i 
of  $6,000  per  annum,  and  each  of  the  other  commli  ■ 
sioners  shall  receive  for  his  services  the  sum  of  $4,00  • 
per  annum,  payable  monthly.  They  shall  be  furnishe  1 
with  an  office,  office  furniture  and  stationery  at  th ) 
expense  of  the  State,  and  shall  have  power  to  appoint  i 
secretary  to  perform  such  duties  as  they  shall  assigri 
to  him.  Said  secretary  shall  receive  for  his  service  i 
the  sum  of  $3,500  per  annum,  payable  monthly.  Anl 
they  shall  have  power  to  appoint  such  other  person) 
and  employes  as  are  necessary  for  the  proper  discharge  ot 
the  duties  of  said  commission.  The  office  of  said  con- 
mission  shall  be  in  the  Capitol  building  in  the  city  o' 
Springfield.  And  all  moneys  appropriated  for  said  con- 
mission  and  sums  authorized  to  be  paid  out  by  thl  i 
Act  by  said  commission,  shall  be  paid  out  of  the  Statu 
treasury  only  upon  the  order  of  the  chairman  of  salil 
commission,  and  approved  by  the  governor. 

Note. — Before  1911,  each  commissioner  received  |3,50i) 
per  year  and  the  secretary  $1,500. 

Free  transportation.  171.  §  5.  Said  commissioners  and 
such  employes  as  they  may  designate,  shall  have  tho 
right  of  passing  in  the  i)erformance  of  their  respectlvo 
duties,  over  all  railroads  and  upon  all  railroad  trainii 
in  this  State,  and  over,  upon  or  In  all  instrumentalitieii 
used  by  any  common  carrier  in  the  transportation  of 
persons  or  property  between  points  wholly  within  the 
State    of    Illinois. 

Annual  statement  required  from  each  railroad.  172.  |  6. 
Every  railroad  company  or  other  common  carrier  in- 
corporated or  doing  business  In  this  State,  or  which 
shall  hereafter  become  Incorporated  or  do  business  under 


Public  Service  Laws 


429 


any  general  or  special  law  of  the  State,  shall,  on  or 
Ijefore  the  thirtieth  day  of  September,  in  .the  year  of 
our  Lord  1911,  and  on  or  before  the  same  day  each 
year  thereafter,  make  and  transmit  to  the  commissioners 
appointed  by  virtue  of  this  Act,  at  their  office  in  Spring- 
field, a  full  and  true  statement,  under  oath,  of  the 
proper  officers  of  said  corporation,  of  the  affairs  of  the 
said  corporation,  as  the  same  existed  on  the  first  day 
of   the    preceding;   July,    specifying — 

First— The  names  of  the  owners  of  its  stock,  and  the 
amount  owned  by  them,  respectively,  and  the  residence 
of   each    stockholder    so    far   as   known. 

Second — The  amount  of  Its  assets  and  liabilities. 

Third — The  names  and  place  of  residence  of  its  officers. 

Fourth — The  amount  of  funded  debt. 

Fifth — The  amount  of  floating  debt. 

Sixth— The  estimated  value  of  the  roadbed,  Including 
iron  and  bridges. 

Seventh — The  estimated  value  of  rolling  stock. 

Eighth — The  estimated  value  of  stations,  buildings  and 
fixtures. 

Ninth — The  estimated  value  of  other  property. 

Tenth— The  length  of  single  main  track. 

Eleventh — The  length  of  double  main  track. 

Twelfth — The  length  of  branches,  stating  whether  they 
have   single   or   double   track. 

Thirteenth — The  aggregate  length  of  siding  and  other 
tracks  not  above  enumerated. 

Fourteenth — The  number  of  miles  run  by  passenger 
trains  during  the  year  preceding  the  making  of  the 
report. 

Fifteenth — The  number  of  miles  run  by  freight  trains 
during   the    same    period. 

Sixteenth — The  number  of  tons  of  through  freight  car- 
ried during  the  same  time. 

Seventeenth — The  number  of  tons  of  local  freight  car- 
ried during  the  same  time. 

Eighteenth — The  amount  of  expenses  incurred  In  the 
running  and  management  of  passenger  trains  during  the 
same  time. 

Nineteenth — The  amount  of  expenses  incurred  in  the 
running  and  management  of  freight  trains  during  the 
same  time;  also  the  amount  of  expense  incurred  in  the 
running  and  management  of  mixed  trains  during  the 
same   time. 

Twentieth — All  other  expenses  incurred  in  the  running 
and  management  of  the  road  during  the  same  time,  in- 
cluding the  salaries  of  officers,  which  shall  be  reported 
separately. 

Tiventy-first — The  amount  expended  for  repairs  of  road 
and  maintenance  of  way,  including  repairs  and  renewal  of 
bridges   and   renewal   of  iron. 

Twenty-second — The  amount  expended  for  improvement, 
and  whether  the  same  is  estimated  as  a  part  of  the  ex- 
penses of  operating  or  repairing  the  road,  and,  if  either, 
which. 

Twenty-third — The  amount  expended  for  motive  power 
and   cars. 

Twenty-fourth — The  amount  expended'for  station  houses, 
buildings  and  fixtures. 

Twenty-fifth — All  other  expenses  for  the  maintenance  of 
way. 

Ticenty-sixth — All  other  expenditures,  either  for  man- 
agement of  road,  maintenance  of  way,  motive  power 
and    cars,   or   for   other   purposes. 

Twenty-seventh — The  rate  of  fare  for  passengers  during 
the    same    time,   through    and   way    passengers   separately. 

Twenty-eighth— The  tariff  of  freights,  showing  each 
change  of  tariff  during  the  same  time,  copies  of  such 
tariffs   to  be   filed   with   the  commission  at  date  of  issue. 

Twenty-ninth — A  copy  of  each  published  rate  of  fare  for 
passengers  and  tariff  of  freight,  in  force  or  issued  for  the 
government  of  its  agents  during  the  same  time,  copies 
of  such  tariffs  to  be  filed  with  the  Commission  at  date 
of  issue. 

Thirtieth — Whether  the  rate  of  fare  and  tariff  of  freight 
in  such  published  lists  are  the  same  as  those  actually 
received  by  the  company  during  the  same  time;  if 
not,   what   were   received. 

Thirty-first — What  express  companies  run  on  Its  roads, 
and  on  what  terms  and  on  what  conditions;  the  kind 
of  business  done  by  them,  and  whether  they  take  their 
freight  at  the  depots  or  at  the  office  of  such  express 
companies. 


Thirty-second — What  freight  and  transportation  compa- 
nies  run  on  its  road,  and  on  what  terms. 

Thirty-third — Whether  such  freight  and  transportation 
companies  use  the  cars  of  the  road  or  the  cars  fur- 
nished  by   tliemselve.=. 

Thirty-fourth — Whether  the  freight  cars  of  such  compa- 
nies are  given  any  preference  In  speed  or  order  of 
transportation,  and   if  so,  in  what  particular. 

Thirty-fifth — -What  running  arrangements  it  has  with 
other  railroad  companies,  setting  forth  the  contracts 
for  the  same. 

Further  inquiries.  173.  §  7.  The  said  commissioners 
may  make  and  propound  such  common  carriers  any 
additional  interrogatives,  requiring  information  neces- 
sary to  the  proper  discharge  of  the  duties  of  the  com- 
mission arising  under  this  Act,  which  shall  be  answered 
by  such  companies  in  the  same  manner  as  those  speci- 
fied   in    the   foregoing   section. 

Applicable  to  all  common  carriers.  174.  §  8.  Sections 
6  and  7  of  this  Act  shall  apply  to  the  president,  di- 
rectors and  officers  of  every  common  carrier  now  exist- 
ing or  which  shall  be  incorporated  or  organized  in  this 
State,  and  to  every  lessee,  manager  and  operator  of  any 
common  carrier  within  the  State. 

Statement  by  warehouseman.  175.  §  9.  It  shall  be  the 
duty  of  every  owner,  lessee  or  manager  of  every  public 
warehouse  in  this  State  to  furnish  in  writing,  under 
oath,  at  such  times  as  such  railroad  and  warehouse  com- 
missioners shall  require  and  prescribe,  a  statement  con- 
cerning the  condition  and  management  of  his  business  as 
such  warehouseman. 

Commission  to  examine  and  report  when  required  by 
the  governor.  §  10.  Such  commissioners  shall,  on  or  be- 
fore December  1  of  each  year,  or  oftener  if  required 
by  the  governor  to  do  so,  make  a  report  to  the  governor 
of  their  doings  for  the  preceding  year,  containing  such 
facts,  statements  and  explanations  as  will  disclose  the 
actual  workings  of  the  system  of  transportation  of  per- 
sons or  property  by  common  carriers  within  this  State 
and  of  the  warehouse  business  in  their  bearings  upon 
the  business  and  prosperity  of  the  people  of  the  State 
and  such  suggestions  in  relation  thereto  as  to  them  may 
seem  appropriate,  and  particularly  first,  whether,  in  their 
judgment,  the  railroads  can  be  classified  in  regard  to 
rate  of  fare  and  freight  to  be  charged  upon  them,  and 
if  so,  in  what  manner;  second,  "whether  a  classification 
of  freight  can  also  be  made,  and  if  so,  in  what  manner. 
They  shall  also,  at  such  times  as  the  governor  shall 
direct,  examine  any  particular  subject  connected  with 
the  condition  and  management  of  such  railroads,  other 
common  carriers  and  warehouses,  and  report  to  him  in 
writing  their  opinion  thereon  with  their  reasons  therefor. 

Commission  to  investigate  on  their  own  'motion  and 
prosecute  violators.  177.  §  11.  Said  commissioners  shall 
examine  into  the  conditions  and  management,  and  all 
other  matters  concerning  the  business  of  railroads,  other 
common  carriers  and  warehouses  in  this  State  so  far 
as  the  same  pertains  to  the  relation  of  such  roads, 
other  common  carriers  and  warehouses  to  the  public  and 
to  the  accommodation  and  security  of  persons  doing 
business  therewith,  and  whether  such  railroad  com- 
panies, other  common  carriers  and  warehouses,  their 
officers,  directors,  managers,  lessees,  agents  and  em- 
ployes, comply  with  the  laws  of  this  State  now  in  force, 
or  which  shall  hereafter  be  in  force  concerning  them. 
And  whenever  it  shall  come  to  their  knowledge,  either 
upon  complaint  or  otherwise,  or  they  shall  have  reason 
to  believe  that  any  such  law  or  laws  have  been  or  are 
being  violated,  they  shall  prosecute  or  cause  to  be 
prosecuted  all  corporations  or  persons  guilty  of  such 
violation. 

Commission  to  investigate  accidents — To  order  railroad 
to  repair  unsafe  bridges,  etc. — Procedure  to  enforce  compli- 
ance. 177a.  §  11%.  It  shall  be  the  duty  of  said  board  of 
commissioners  to  investigate  the  cause  of  any  accident 
on  any  railroad  resulting  in  the  loss  of  life  or  injury  to 
person  or  persons,  or  property  which,  in  their  judgment, 
.  shall  require  investigation,  and  report  the  same  in  the 
annual  reix)rt  of  said  commissioners;  and  shall,  from  time 
to  time,  if  in  their  judgment  it  is  advisable  and  at  any 
time  upon  request  of  the  governor,  make  complete  report 
to  him  upon  all  such  accidents.     And  it  is  hereby  made 


430 


National  Association  of  Eailway  Commissioners 


the  duty  ot  the  general  superintendent  or  manager  of 
each  railroad  doing  business  in  this  State  to  inform 
said  board  of  any  such  accident  immediately  after  its 
occurrence.  Whenever  it  shall  come  to  the  knowledge  of 
said  board,  by  complaint  or  otherwise,  that  any  railroad 
bridge  or  trestle,  or  any  portion  of  the  track  of  any 
railroad  in  this  State  is  out  of  repair,  or  is  in  an  unsafe 
condition,  it  shall  be  the  duty  of  such  board  to  investi- 
gate or  cause  an  investigation  to  be  made  of  the  con- 
dition of  such  railroad  bridge,  trestle  or  tracks,  and 
may  employ  such  person  or  persons  who  may  be  civil 
engineer  or  engineers,  as  they  shall  deem  necessary,  lor 
the  purpose  of  making  such  investigation,  and  whenever 
in  the  judgment  of  said  board,  after  such  investigation, 
it  shall  become  necessary  to  rebuild  such  bridge,  track 
or  trestle  or  repair  the  same,  the  said  board  shall  give 
notice  and  information  in  writing  to  the  corporation 
of  the  improvements  and  changes  which  they  may  deem 
to  be  proper.  And  shall  recommend  to  the  corporation 
or  person  or  persons  owning  or  operating  such  railroad, 
that  It  or  he,  or  they,  make  such  repairs,  changes  or 
improvements,  or  rebuild  such  bridge  or  bridges  on  such 
railroad,  as  the  board  shall  deem  necessary  to  the 
safety  of  persons  and  property  being  transported  thereon. 
And  said  board  shall  give  such  corporation  or  person 
or  persons  owning  or  operating  said  railroad  an  oppor- 
tunity for  a  full  and  fair  hearing  on  the  subject  of  such 
Investigation  and  recommendation.  And  said  board 
shall,  after  having  given  such  corporation  or  person  or 
persons  operating  such  railroad  an  opportunity  for  a 
full  hearing  thereon,  if  such  corporation  or  person  shall 
not  satisfy  said  board  that  no  action  is  required  to  be 
taken  by  it  or  them,  fix  a  time  within  which  said  changes 
or  repairs  shall  be  made,  or  such  bridges,  tracks  or 
culverts  shall  be  rebuilt,  which  time  the  board  may 
extend.  It  shall  be  the  duty  of  the  corporation,  person 
or  persons  owning  or  operating  said  railroad  to  comply 
with  such  recommendations  of  said  board  as  are  just 
and  reasonable.  And  the  Supreme  Court  or  the  Circuit 
Court  in  any  circuit  in  which  said  railroad  may  be  m 
part  situated,  shall  have  power  in  all  cases  of  such 
recommendations  by  said  board  to  compel  compliance 
therewith  by  mandamus.  If  any  such  corporation  or 
person  or  persons  owning  or  operating  any  such  rail- 
road shall,  after  such  hearing,  neglect  or  refuse  to  comply 
with  the  recommendation  or  recommendations  of  said 
board  as  to  making  any  repairs,  changes  or  improve- 
ments on  any  bridge,  track  or  trestle,  or  to  rebuild  any 
bridge  within  the  time  fixed  by  said  board  therefor, 
said  board  shall  report  such  neglect  or  refusal,  to- 
gether with  the  facts  in  such  case,  touching  the  ne- 
cessity for  such  repairs,  changes  or  rebuilding  to  the 
attorney-general  of  the  State  of  Illinois,  who  shall 
thereupon  take  such  action  as  may  be  necessary  to 
secure  compliance  with  such  recommendations  of  said 
•board.  In  all  actions  or  proceedings  brought  by  the 
attorney-general  to  compel  compliance  with  the  rec- 
ommendations of  the  board,  the  findings  of  the  board 
shall  be  prima  facie  evidence  of  the  facts  therein  stated, 
and  the  recommendation  of  the  board  shall  be  deemed 
prima  facie  just  and  reasonable.  Nothing  herein  con- 
tained shall  Impair  the  legal  liability  of  any  railroad 
company  for  the  consequence  of  its  acts.  And  all  exist- 
ing remedies  therefor  are  hereby  saved  to  the  people 
and  to  individuals. 

Cancellation  of  warehouse  license.  178.  §  12.  Said 
commissioners  are  hereby  authorized  to  hear  and  deter- 
mine all  applications  for  the  cancellation  of  warehouse 
licenses  in  this  State  which  may  be  issued  in  pursuance 
of  any  laws  of  this  State,  and  for  that  purpose  to 
make  and  adopt  such  rules  and  regulations  concerning 
such  hearing  and  determination  as  may,  from  time  to 
time,  by  them  be  deemed  proper.  And  if,  upon  such 
hearing,  it  shall  appear  that  any  public  warehouseman 
has  been  guilty  of  violating  any  law  of  this  State  con- 
cerning the  business  of  public  warehouseman,  said  com- 
missioners may  cancel  and  revoke  the  license  of  said 
public  warehouseman,  and  Immediately  notify  the  officer 
who  issued  such  license  of  such  revocation  and  can- 
cellation; and  no  -person  whose  license  as  a  public 
warehouseman  shall  be  cancelled  or  revoked  shall  be 
entitled  to  another  license  or  to  carry  on  the  business 
in    this    State    of    such    public   warehouseman    until    the 


expiration  of  six  months  from  the  date  of  such  revo- 
cation and  cancellation,  and  until  he  shall  have  again 
been  licensed:  Provided,  That  this  section  shall  not  be 
construed  as  to  -prevent  any  such  warehouseman  from 
delivering  any  grain  on  hand  at  the  time  of  such  revo- 
cation or  cancellation  of  his  said  license.  And  all 
licenses  issued  in  violation  of  the  provisions  of  this 
section  shall  be  deemed  null  and  void. 

Power  to  inspect  books — Information  obtained  not  to  be 
used  as  evidence.  179.  §  13.  The  property,  books,  records, 
accounts,  papers  and  proceedings  of  all  such  railroad 
companies,  other  common  carriers  and  all  public  ware- 
housemen, shall  at  all  times,  during  business  hours,  be 
subject  to  the  examination  and  inspection  of  such  com- 
missioners, and  they  shall  have  power  to  examine. 
Under  oath  or  affirmation,  any  and  all  directors,  officers, 
managers,  agents  and  employes  of  any  such  railroad 
corporation,  or  other  common  carrier,  and  any  and  all 
owners,  managers,  lessees,  agents  and  employes  of  such 
public  warehouses  and  other  persons,  concerning  any 
matter  relating  to  the  condition  and  management  of  such 
business.  The  commissioners,  or  any  of  them.  In  the 
performance  of  their  official  duties,  or  any  person  spo 
cially  delegated  by  the  commission  for  that  purpose,  may 
enter  and  remain  during  business  hours  in  the  cars, 
offices,  depots  and  upon  the  railroads  or  in  vessels,  or 
in  or  upon  any  of  the  instrumentalities  used  by  common 
carriers  In  and  about  the  transportation  of  persons  o- 
property  between  points  wholly  within  the  State  of 
Illinois  and  may  examine  the  books  and  affairs  of  such 
common  carrier  and  in  all  proceedings  before  the  com- 
mission, under  a  complaint  duly  filed,  or  upon  a  pro- 
ceeding begun  by  the  commission  upon  their  owi 
motion,  the  commission  shall  have  power  to  require  bj 
subpoena  the  attendance  and  the  testimony  of  witnessei 
and  the  production  of  all  books,  papers,  tariffs,  contracts 
agreements  and  documents  relating  in  any  matter  em 
braced  within  such  complaint  or  proceedings.  Informa 
tion  BO  obtained  shall  not  be  admitted  in  evidence  oi 
used  in  any  other  proceeding. 

May  subpoena  witnesses  and  punish  for  contempt.  180 
§  14.  In  making  any  examination  as  contemplated  in  thie 
Act,  or  for  the  purpose  of  obtaining  information  pursuant 
to  this  Act,  said  commissioners  shall  have  the  power  to 
issue  subpoenas  for  the. attendance  of  witnesses,  and  may 
administer  oaths.  In  case  any  person  shall  wilfully 
fail  or  refuse  to  obey  such  subpoena,  it  shall  be  the  duty 
of  the  Circuit  Court  of  any  county,  upon  application 
of  the  said  commissioners,  to  issue  an  attachment  for 
said  witness,  and  compel  such  witness  to  attend  before 
the  commissioners,  and  give  his  testimony  upon  such 
matters  as  shall  be  lawfully  required  by  such  commis- 
sioners; and  the  said  court  shall  have  power  to  punish 
for  contempt,  as  in  other  cases  of  refusal  to  obey  the 
process  and  order  of  such  court. 

Misdemeanor  to  disregard  process.  181.  §  15.  Any  per- 
son who  shall  wilfully  neglect  or  refuse  to  obey  the  process 
of  subpoena  issued  by  said  commissioners,  and  appear 
and  testify  as  therein  required,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  liable  to  an  indict- 
ment in  any  court  of  competent  jurisdiction,  and  on 
conviction  thereof  shall  be  punished  for  each  offense  by 
a  fine  of  not  less  than  $25  nor  more  than  $500,  or  by 
imprisonment  of  not  more  than  30  days,  or  both,  in  the 
discretion  of  the  court  before  which  such  conviction 
shall   be    had. 

Penalty  for  obstructing  commission,  $100  to  $5,000  fine. 
182.  §  16.  Every  railroad  company  or  other  common 
carrier  and  every  officer,  agent  or  employe  of  any  rail- 
road company  or  other  common  carrier,  and  every  owner, 
lessee,  manager  or  employe  of  any  warehouse,  who 
shall  wilfully  neglect  to  make  and  furnish  any  report 
required  in  this  Act  at  the  time  required,  or  who  shall 
wilfully  and  unlawfully  hinder,  delay  or  obstruct  said 
commissioners  in  the  discharge  of  the  duties  hereby 
imposed  upon  them,  shall  forfeit  and  pay  a  sum  of  not 
less  than  $100  nor  more  than  $5,000  for  each  offense, 
to  be  recovered  in  an  action  of  debt  in  the  name  and 
for  the  use  of  the  people  of  the  State  of  Illinois;  and 
every  railroad  company  or  other  common  carrier,  and 
every  officer,  agent  or  employe  of  any  such  railroad 
company,  or  other  common  carrier,  and  every  owner, 
lessee,    manager,    or    agent    or    employe    of    any    public 


Public  Skrvice  Laws 


431 


warehouse,  shall  be  liable  to  a  like  penalty  for  every 
period  of  10  days  it  or  he  shall  wilfully  neglect  or  refuse 
to   make   such   report. 

Attorney-general  to  prosecute  suits.  183.  §  17.  It  shall 
be  the  duty  of  the  attorney-general  and  the  State's  at- 
torney in  any  county,  on  the  request  of  said  commis- 
sioners, to  institute  and  prosecute  any  and  all  suits 
and  proceeding[s]  which  they  or  either  of  them  shall 
be  directed  by  said  commissioners  to  institute  and 
prosecute  for  a  violation  of  this  Act,  or  of  any  law 
of  this  State  concerning  railroad  companies,  other  com- 
mon carriers,  or  warehouses,  the  officers,  employes, 
owners,  operators  or  agents  of  any  such  companies, 
common    carriers    or    warehouses. 

Ten  per  cent  of  fines  for  attorneys'  fees — Remedy  cumu- 
lative. 184.  §  18.  All  such  prosecutions  shall  be  in  the 
name  of  the  people  of  the  State  of  Illinois,  and  all 
moneys  arising  therefrom  shall  be  paid  into  the  State 
treasury  by  the  sheriff  or  other  officer  collecting  the 
same;  and  the  State's  attorney  shall  be  entitled  to  re- 
ceive for  his  compensation,  from  the  State  treasurer 
on  bills  to  be  approved  by  the  chairman  of  the  com- 
mission and  by  the  governor,  a  sum  not  exceeding  10 
per  cent  of  the  amount  received  and  paid  into  the 
State  treasury  as  aforesaid:  Provided,  This  Act  shall 
not  be  construed  so  as  to  prevent  any  person  from 
prosecuting  any  qui  tam  action  as  authorized  by  law 
and  of  receiving  such  part  of  the  amount  recovered 
in  such  action  as  is  or  may  be  provided  under  any  law 
of  this   State. 

Suits  for  damages  not  affected.  §  19.  This  Act  shall 
not  be  so  construed  as  to  waive  or  affect  the  right 
of  any  person,  injured  by  the  violation  of  any  law 
in  regard  to  railroad  companies,  other  common  carriers 
or  warehouses,  from  prosecuting  for  his  private  dam- 
ages in  any  manner  allowed  by  law. 

Commission  given  jurisdiction  over  all  common  carriers. 
§  20.  Said  railroad  and  warehouse  commission  is  hereby 
given  jurisdiction  over  all  common  carriers  within  this 
State. 

Term  "common  carrier"  defined  to  exclude  street  rail- 
ways and  teaming  companies.  §  21.  The  term  "common 
carrier"  used  in  this  Act  includes  all  railroad  corpora- 
tions, express  companies,  steamboat  lines  or  other  com- 
mon carriers  by  water,  private  car  line  companies,  sleep- 
ing car  companies,  fast  freight  line  companies,  and 
shall  also  include  every  other  corporation,  company, 
association,  joint  stock  association,  partnership  and  per- 
son, their  lessees,  trustees  or  receivers  appointed  by 
any  court  whatsoever,  operating  or  managing 'any  such 
agency  tor  public  use  in  the  conveyance  of  person[s]  or 
property  within  this  State:  Provided,  Teaming  com- 
panies shall  not  be  included  within  the  definition  herein 
stated:  And,  provided,  further,  that  street  railroads 
and  hack  lines  and  vehicles  of  a  like  character  shall 
not  be  included  within  the  terms  of  this  section. 

Definition  of  "railroad."  §  22.  The  term  "railroad"  used 
in  this  Act  includes  every  railroad,  other  than  a  street 
railroad,  by  whatsoever  power  operated  for  public  use 
in  the  conveyance  of  persons  or  property  for  compensa- 
tion, with  all  bridges,  ferries,  tunnels,  equipment, 
switches,  spurs,  tracks,  depots  and  power  stations,  and 
terminal  facilities  of  every  kind  used  or  operated  by 
any  such  railroad;  and  also  all  passenger  or  freight 
depots,  yards,  docks  and  grounds  used  by  any  railroad 
in  the  transportation  of  passengers  or  property.  This 
section  shall  not  be  construed  to  in  any  way  affect  or 
repeal  an  Act  in  relation  to  the  crossing  of  one  railroad 
by  another,  approved  May  25,  1907,  and  in  force  July  1, 
1907. 

•'Transportation."  §  23.  The  term  "transportation"  shall 
include  cars  and  other  vehicles  and  all  instrumentalities 
and  facilities  of  shipment  or  carriage,  irrespective  of 
ownership  or  of  any  contract,  expressed  or  implied,  for 
the  use  thereof,  and  all  service  in  connection  with  the 
receipt,  delivery  and  transfer  in  transit,  refrigeration 
or    icing,   storage    and    handling    of   property    transported. 

Carrier  to  furnish  transportation  at  reasonable  rates. 
§  24.  It  shall  be  the  duty  of  every  common  carrier,  sub- 
ject to  the  provisions  of  this  Act,  to  provide  and  furnish 
such  transportation  at  reasonable  rates  upon  an  order 
made   by   the   railroad   and  warehouse   commission,  upon 


proper   application   and~  proper    showing   of   the   necessity 
therefor,  upon  a  hearing  before  said  commission. 

Long  and  short  haul.  §  25.  That  it  shall  be  unlawful 
tor  any  common  carrier  subject  to  the  provisions  of  this 
Act,  to  charge  or  receive  any  greater  compensation 
in  the  aggregate  for  the  transportation  of'  passengers, 
or  of  like  kind  of  property,  for  a  shorter  than  for 
a  longer  distance  over  the  same  line  or  route  in  the 
same  direction,  the  shorter  being  included  within  the 
longer  distance,  or  to  charge  any  greater  compensation 
as  a  through  route  than  the  aggregate  of  the  interme- 
diate rates  subject  to  the  provisions  of  this  Act;  but 
this  shall  not  be  construed  as  authorizing  any  common 
carrier  within  the  terms  of  this  Act  to  charge  or  receive 
as  great  compensation  for  a  shorter  as  for  a  longer 
distance:  Provided,  however.  That  upon  application  to 
the  railroad  and  warehouse  commission,  such  common 
carrier  may,  in  special  cases,  after  investigation,  be 
authorized  by  the  commission  to  charge  less  for  longer 
than  for  shorter  distances  for  the  transportation  of 
passengers  or  property;  and  the  commission  may, 
from  time  to  time,  prescribe  the  extent  to  which  such 
designated  common  carrier  may  be  relieved  from  the 
operation  of  this  section:  Provided,  further.  That  no 
rates  or  charges  lawfully  existing  at  the  time  of  the 
passage  of  this  Act  shall  be  required  to  be  changed 
by  reason  of  the  provisions  of  this  section  prior  to  the 
expiration  of  six  months  after  the  passage  of  this 
Act,  nor  in  any  case  where  application  shall  have  been 
filed  before  the  commission,  in  accordance  with  the  pro- 
visions of  this  section,  until  a  determination  of  sucft 
application  by  the  commission. 

Equal  facilities  to  connecting  carriers.  §  26.  Every 
common  carrier  engaged  in  transportation  of  persons  or 
property  between  points  wholly  within  the  State  of 
Illinois  is  required  to  afford  all  reasonable,  proper  and 
equal  facilities  for  the  interchange  of  passengers  and 
property  traffic  between  the  lines  owned,  operated,  con- 
trolled or  leased  by  it  and  the  linSs  of  every  other  com- 
mon carrier,  and  for  the  prompt  transfer  of  passengers 
and  for  the  prompt  receipt  and  forwarding  of  property 
to  and  from  its  said  lines;  and  no  common  carrier  shall 
in  any  manner  discriminate  in  respect  to  rate,  fares 
or  charges  or  in  respect  to  any  service,  or  in  respect 
to  any  charges  or  facilities  for  any  such  transfer  in 
receiving  or  forwarding  between  any  two  or  more  other 
common  carriers  or  between  passengers  or  property 
destined  to  points  upon  the  lines  of  any  two  or  more 
other  common  carriers  or  in  any  respect  with  reference 
to  passengers  or  property  transferred  or  received  from 
any  two  or  more  other  common  carriers.  Every  common 
carrier,  as  such,  is  required  to  receive  from  every  other 
common  carrier,  at  a  connecting  point,  freight  cars  of 
proper  standard  and  equipment,  and  haul  the  same 
through  to  destination,  if  the  destination  be  upon  a  line 
owned,  operated  or  controlled  by  such  common  carrier, 
or  if  the  destination  be  upon  the  line  of  some  other 
common  carrier,  to  haul  any  car  so  delivered  through 
to  the  connecting  point  upon  the  line  owned,  operated, 
controlled  or  leased  by  it,  by  way  of  route  over  which 
car  is  billed,  and  there  to  deliver  the  same  to  the  next 
connecting  carrier.  Nothing  in  this  section  shall  be 
construed  as  in  anywise  limiting  or  modifying  the  duty 
of  a  common  carrier  to  establish  joint  rates,  fares  and 
charges  for  the  transportation  of  passengers  and  property 
over  the  lines  owned,  operated,  controlled  and  leased  by 
it  and  the  lines  of  other  common  carriers,  nor  as  in 
any  manner  limiting  or  modifying  the  power  of  the 
commission  to  require  the  establishment  of  such  joint 
rates,  fares  and  charges.  But  this  shall  not  be  con- 
strued as  requiring  any  common  carrier  to  give  the  use 
of  its  tracks  or  terminal  facilities  to  another  carrier 
engaged   in   like   business. 

Commission  may  establish  joint  classifications  and 
through  rates.  §  27.  The  commission  Is  hereby  given 
power  and  authority  after  hearing  upon  a  complaint, 
or  upon  its  own  initiative  without  complaint,  to  estab- 
lish joint  classifications  and  may  establish  through  rates 
and  joint  rates  as  the  maximum  to  be  charged  by  all 
common  carriers,  for  the  transportation  of  persons  or 
property  between  points  wholly  within  the  State  of 
Illinois,  and  may  prescribe  the  division  of  such  rates 
and  the  terms  and  conditions  under  which  such  through 


432 


]SI^ATioNAL  Association  of  Eailway  Commissioners 


rates  and  joint  rates  shall  be  operated,  whenever  the 
carriers  themselves  shall  have  refused  or  neglected  to 
establish  voluntarily  such  through  rates  and  joint  classi- 
fication or  joint  rates,  and  this  provision  shall  apply 
when  one  of  the  connecting  carriers  is  a  water  line: 
Provided,  that  upon  such  hearing  the  commission  shall 
find  that  such  through  rate  and  joint  clasiflcation  or 
joint  rate  is  necessary  for  the  accommodation  of  the 
public,  and  will  not  give  to  one  carrier  an  unfair  or 
unequal  advantage  over  another:  Provided,  the  shipper 
shall  have  the  right  to  route  his  freight  whenever  through 
rates  shall  have  been  established,  either  by  the  commis- 
sion  or  the  railroad. 

Commission  to  make  rules  as  to  demurrage,  storage,  etc. 
§  28.  The  commission  is  hereby  authorized  and  em- 
powered to  fix  and  establish  rates,  rules  and  regulations 
regarding  demurrage,  storage  and  all  other  charges  inci- 
dent to  the  transportation  of  property  between  points 
wholly  within  the  State  of  Illinois. 

To  require  physical  connections  'between  railroads.  §  29. 
The  commission  shall  have  power  and  is  hereby  author- 
ized to  compel  physical  connections  between  railroad 
companies  and  to  fix  and  establish  reasonable  switching 
rules  and  regulations,  and  establish  reasonable  limits 
for  said  switching  and  reasonable  rates  therefor.  The 
term  "switching,"  as  used  in  this  section,  shall  not 
comprehend  the  transfer  of  [or]  hauling  of  cars  from 
one  railroad  to  another  over  the  lines  of  an  intermediate 
carrier. 

To  inquire  into  complaints  and  make  orders.  §  30.  The 
commission  shall  have  power  and  authority  to  inquire 
Into  the  business  management  of  all  common  carriers, 
their  passenger  and  freight  rates,  distribution  of  cars, 
granting  of  sidings,  location  of  passenger  and  freight 
stations,  use  of  and  compensation  for  cars  owned  or 
controlled  by  them,  the  relations  of  such  carriers  to  the 
public;  and  of  the  public  and  public  corporations  to 
common  carriers;  the  interrelation  between  such  common 
carriers,  in  so  far  as  any  such  subject  so  to  be  inquired 
Into  shall  affect  or  have  any  bearing  upon  the  trans- 
portation of  persons  or  property  between  points  wholly 
within  the  State  of  Illinois;  it  shall  have  power  and 
authority  to  receive  complaints  from  shippers  for  loss 
or  damage  to  property  in  the  hands  of  common  carriers 
and  make  inquiry  as  to  methods  and  manner  of  ad- 
justment of  said  claims;  and  the  commission  shall  have 
power  to  make  and  enforce  such  orders  as  will  secure 
the  safety  and  accommodation  of  persons  and  property 
being  transported  by  common  carriers  and  as  will  pre- 
vent imnecessary  or  unreasonable  obstruction  to  or 
interference  with  the  tracks,  yards,  locomotives  and  cars 
,of  common  carriers. 

To  hear  and  determine  all  questions  arising  under  the 
-Act.  §  31.  The  commission  is  hereby  empowered  and 
authorized  to  hear  and  determine  all  questions  arising 
under  this  Act,  upon  giving  due  notice  to  all  persons, 
individuals  or  corporations  interested  therein,  and  to 
fenter  an  order  in  relation  thereto. 

To  make  schedules  of  reasonahle  maximum  rates, 
terminal,  storage  and  icing  charges.  §  32.  The  railroad 
and  warehouse  commissioners  are  hereby  directed  to 
make  for  each  of  the  common  carriers  doing  business 
in  this  State,  as  soon  as  practicable,  upon  giving  due 
notice  to  all  parties  interested  therein,  and  after  a  hearing 
in  relation  thereto,  a  schedule  of  reasonable  maximum 
rates  or  charges,  classification,  rules  and  regulations, 
for  the  transportation  of  persons  or  property  on  or  by 
each  of  said  common  carriers,  between  points  wholly 
within  this  State;  and  said  schedule  shall  in  all  suits 
brought  against  such  common  carriers,  wherein  is  in  , 
any  way  involved  the  charges  of  any  such  common 
carrier  for  the  transportation  of  any  person  or  property, 
or  unjust  discrimination,  be  deemed  and  taken  in 
all  courts  of  this  State  as  prima  facie  evidence  that 
the  rates  therein  affixed  are  reasonable  maximum  rates 
and  charges  for  the  transportation  of  persons  and  prop- 
erty upon  the  common  carriers  for  which  said  schedules 
may  have  been  respectively  prepared.  Said  commis- 
Bioners  may,  from  time  to  time,  as  often  as  circum- 
Btances  require,  change  and  revise  said  schedules.  It 
shall  be  proper  for  said  commissioners,  either  upon  their 
own  initiative  or  upon  complaint,  to  enter  upon  a  bearing 


for  the  purpose  of  investigating  the  necessity  of  any 
such  revision.  When  any  schedule  shall  have  been 
made  or  revised  as  aforesaid,  it  shall  be  the  duty  of 
said  commissioners  to  have  the  same  printed  by  the 
Slate  printer,  under  the  contract  governing  State  print- 
ing, and  said  commissioners  shall  furnish  two  copies  of 
said  printed  schedule  to  the  president,  general  manager, 
general  superintendent  or  receiver  of  each  common 
carrier  doing  business  in  this  State.  All  such  schedules 
heretofore  or  hereafter  made  shall  be  received  and  held 
in  all  suits  as  prima  facie,  the  schedules  of  said  com- 
missioners without  further  proof  than  the  production 
of  the  schedules  desired  to  be  used  as  evidence  with 
a  certificate  of  the  railroad  and  warehouse  commissioners 
that  the  same  is  a  true  copy  of  a  schedule  prepared 
by  them  for  the  carrier  therein  named.  And  every  such 
common  carrier  so  receiving  any  such  schedule  from 
said  railroad  and  warehouse  commissioners  shall  cause 
same  to  be  plainly  printed  and  copies  for  the  use  of 
the  public  shall  be  kept  in  every  depot,  station  or  oflice 
of  such  carrier  where  passengers  or  property,  respec- 
tively, are  received  for  transportation,  in  such  form 
that  they  shall  be  accessible  to  the  public  and  can  he 
conveniently  inspected.  Such  schedules  shall  include 
and  contain  not  only  the  rates,  fares  or  charges  to  he 
charged,  collected  or  received  for  the  transportation  of 
persons  or  property  between  points  wholly  within  tha 
State  of  Illinois,  but  also  shall  state  separately  a"l 
terminal  charges,  storage  charges,  icing  charges  or  other 
charges  which  said  railroad  and  warehouse  commissior- 
ers  may  require,  or  privileges  or  facilities  granted  o^ 
allowed  and  any  rules  or  regulations  which  in  anywlso 
change,  affect  or  determine  any  part  or  the  aggregate 
of  such  aforesaid  rates,  fares  or  charges  of  the  valun 
of  the  services  rendered  to  the  passenger,  shipper  o  ■ 
consignee:  Provided,  nothing  in  this  section  or  Ac 
shall  be  construed  to  repeal  an  Act  to  establish  an( 
regulate  the  maximum  rate  of  charges  for  the  trans 
portation  of  passengers  by  corporations  or  companies 
operating  and  controlling  railroads  in  part  or  in  whoh 
in  this  State  and  to  provide  penalties  for  the  violatiot 
of  the  provisions  thereof,  and  repealing  all  Acts  anc 
parts  of  Acts  in  conflict  therewith.  Approved  May  27 
1907;    in   force   July   1,   1907. 

Penalty  for  disregarding  eom.mission's  order.  §  33.  Anj 
railroad  company  or  other  common  carrier  or  warehouse 
man,  or  any  of  their  executive  officers,  who  unlawful!} 
neglect  or  refuse  or  fail  to  obey  any  order  made  by  this 
commission  and  to  carry  the  same  into  effect,  in  accord- 
ance with  the  terms  of  such  order,  shall  be  liable  tc 
a  fine  of  eot  less  than  $100  nor  more  than  $500  for  fail- 
ure to  obey  such  order,  writ,  process  or  decree  of  said 
commission,  such  fine  to  be  recovered  in  an  action 
of  debt  in  the  name  of  the  people  of  the  State  of 
Illinois,  before  any  court  of  competent  jurisdiction. 
Such  fine,  when  so  recovered,  to  be  paid  into  the  treas- 
ury of  the   State   of  Illinois. 

Suits,  how  brought.  §  34.  All  actions  or  proceedings 
instituted  by  the  railroad  and  warehouse  commission 
shall  be  brought  in  the  name  of  the  people  of  the  State 
of  Illinois,  and  shall  be  prosecuted  by  the  attorney-gen- 
eral. 

Appeal  from  commission's  orders  to  Circuit  Court  at 
Springfield — Further  appeal  to  Supreme  Court.  §  35.  Any 
party  to  any  proceedings  before  this  commission,  or 
any  party  affected  by  any  order  thereof,  may  appeal 
to  the  Circuit  Court  of  Sangamon  County  at  any  time 
within  20  days  after  service  of  a  copy  of  such  order  on 
the  parties  of  record  in  said  proceedings.  The  party 
taking  such  an  appeal  shall  file  with  the  secretary  of 
said  commission  at  the  office  of  said  commission  In 
Springfield,  Illinois,  written  notice  of  said  appeal.  The 
commission,  upon  the  filing  of  such  notice  of  appeal, 
shall,  within  five  days  thereafter,  file  with  the  clerk 
of  said  Circuit  Court  of  Sangamon  County,  Illinois,  a 
certified  copy  of  the  pleadings  and  order  appealed  from. 
The  party  serving  such  notice  of  appeal  shall,  within 
five  days  after  the  service  of  said  notice  upon  said  com- 
mission, file  a  copy  of  said  notice  with  proof  of 
service  with  the  clerk  of  said  court  to  which  such 
appeal  Is  taken,  and  thereupon  said  Circuit  Court  shall 
have  jurisdiction  over  said  appeal  and  the  same  shall 
be  entered   upon  the   records  of  said  Circuit  Court  and 


Public  Service  Laws 


433 


shall  be  tried  therein  according  to  the  rules  relating  to 
the  trial  of  chancery  suits  so  far  as  the  same  are  appli- 
cable. The  railroad  and  warehouse  corhmission  shall  be 
designated  as  complainant  in  said  Circuit  Court,  and 
the  common  carrier  or  warehouseman  as  defendant;  no 
further  pleadings  than  those  already  filed  before  the  com- 
mission shall  be  necessary.  Such  order  made  by  said  com- 
mission shall  be  prima  facie  evidence  of  the  matters 
therein  stated,  and  the  order  shall  be  prima  facie  reason- 
able, and  the  burden  of  proof  upon  all  issues  raised  by 
the  appeal,  shall  be  on  the  appellant.  If  said  court 
shall  determine  that  the  order  appealed  from  is  lawful 
and  reasonable,  it  shall  be  affirmed  and  the  order  en- 
forced as  provided  by  law;  otherwise,  it  shall  be  va- 
cated and  set  aside.  If  an  appeal  is  not  taken,  such 
order  shall  become  final  and  it  shall  thereuiwn  be  the 
duty  of  the  carrier  or  warehouseman  affected  to  comply 
therewith.  All  orders  from  which  no  appeal  is  taken, 
as  provided  by  law,  shall  be  deemed  to  be  in  full  force 
and  effect  for  all  purposes  from  the  time  when  the  right 
to  appeal  from  such  order  expires.  When  no  appeal 
Is  taken  from  an  order,  as  herein  provided,  parties 
affected  by  such  order  shall  be  doemed  to  have  waived 
the  right  to  have  the  merits  of  said  controversy  re- 
viewed by  a  court  and  there  shall  be  no  trial  of  the 
,  merits  of  or  re-examination  of  the  facts  of  any  contro- 
P  versy  in  which  such  order  was  made  by  any  court  to 
I  which  application  may  be  made  for  a  writ  to  enforce 
the  same.  Appeals  from  all  final  orders  and  judgments 
entered  in  review  by  the  said  Circuit  Court  of  the  action 
of  the  commission  shall  go  directly  to  the  Supreme  Court, 
and  shall  be  governed  by  the  rules  applying  to  chancery 
cases  appealed  to  said  Supreme  Court. 

§  36.  All  Acts  and  parts  of  Acts  in  conflict  herewith 
are   hereby  repealed. 

Approved  June  10,  1911. 

RENKWAI.  OF  RAILWAY  CHARTERS. 

An  Act  approved  June  7,  1911,  amends  §  5  of  the  railway 
Incorporation  statute  so  as  to  read  as  follows:  §  5.  No 
such  corporation  shall  be  formed  to  continue  more  than 
fifty  years  in  the  first  instance,  but  any  railroad  com- 
pany formed  under  any  law  of  the  State  may  be  re- 
newed from  time  to  time,  for  periods  not  longer  than 
50  years:  Provided,  that  three-fourths  of  the  votes 
cast  at  any  regular  election  for  that  purpose  shall  be 
in  favor  of  such  renewal,  and  those  desiring  a  re- 
newal shall  agree  to  purchase  the  "stock  of  those  opposed 
thereto  at   its   current  value. 

Whenever  any  such  election  is  held  by  any  railroad 
company,  a  certificate,  showing  the  proceedings  of  the 
meeting  and  verified  by  the  president  or  a  vice-president 
of  the  corporation  and  the  secretary  thereof,  with  the  seal 
of  the  corporation,  shall  be  filed  with  the  secretary  of 
State  within  30  days  after  the  meeting,  and  upon 
the  filing  of  such  certificate  the  duration  of.  such  cor- 
poration shall  thereby  be  extended,  in  accordance  with 
the  vote  of  the  stockholders,  for  an  additional  period 
not  longer  than  50  years:  Provided,  in  case  where 
such  renewal  is  of  any  railroad  company  previously 
incorporated  under  a  special  Act  of  the  legislature,  then 
such  renewal  and  extension  of  such  company  shall 
be  under  and  subject  to  all  provisions  of  the  general 
laws  of  this  State  relating  to  railroads,  and  such  company 
shall  have  such  powers  only  as  provided  for  in  this 
Act. 

The  amendment  adds  the  words  beginning  "Whenever." 

PURCHASE  OF  ILLINOIS  RAILROAD  BY  FOREIGN  CORPORATIONS. 

[Approved  April  21,  1899;   in  force  July  1,  1899.     L.  1899, 

p.  166.] 
Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 
Foreign  corporation  may  acquire  an  Illinois  railroad  and 
exercise  the  right  of  eminent  domain  in  Illinois.  §  1.  When- 
ever a  corporation  organized  under  the  laws  of  another 
State  shall  be  in  possession  of  a  railroad,  or  railroad 
and  toll  bridge,  the  whole  or  part  of  which  is  situated 
in  this  State,  belonging  to  a  corporation  organized  or 
existing  under  the  laws  of  this  State,  or  shall  own  or 
control  all  of  the  capital  stock  of  such  corporation  of 
this  State,  then  the  corporation  of  this  State  may  sell 
and  convey,  and  such  corporation  of  another  State,  as 
above   mentioned,   may   purchase   in   fee    simple   or  other- 


wise, all  of  such  railroad  and  toll  bridge,  or  all  of  such 
railroad,  or  any  part  thereof,  together  with  all  the  rights, 
powers,  privileges,  franchises,  immunities  and  other 
property  used  in  connection  therewith  or  pertaining 
thereto,  of  the  corporation  of  this  State,  upon  such 
terms  and  conditions  as  may  be  agreed  upon  between  the 
board  of  directors  of  the  respective  companies;  and 
thereupon  and  thereafter  the  railroad  company  so  pur- 
chasing shall  hold  in  fee  simple  or  otherwise,  and  forever 
use  and  enjoy  the  property  so  purchased,  and  may 
exercise  the  powers,  privileges,  immunities  and  fran- 
chises of  the  corporation  whose  property  is  so  pur- 
chased, and  may,  when  necessary  or  proper,  exercise 
in  the  same  manner  as  railroad  corporations  of  this 
State  are  authorized  to,  the  power  of  eminent  domain 
in  acquiring  lands  or  property  necessary  or  convenient 
for  the  betterment,  maintenance,  extension  or  operation 
of  such  railroad,  and  for  the  construction,  use  and 
maintenance  of  spurs,  switches,  side  tracks,  depots, 
stations,  terminals  and  other  facilities  to  be  used  in 
connection  with  such  railroad:  Provided,  however,  said 
sale  and  purchase  shall  be  approved  by  the  stock- 
holders owning  not  less  than  two-thirds  in  amount  of 
the  capital  stock  of  the  respective  companies  becoming 
parties  to  such  purchase  and  sale,  and  such  approval 
may  be  given  at  any  annual  or  special  meeting  upon 
60  days'  notice  being  given  to  all  the  shareholders 
of  the  question  to  be  acted  upon  by  publication  in  some 
newspaper  published  in  the  county  or  counties  where 
the  principal  office  or  place  of  business  of  the  company 
or  companies  existing  under  the  laws  of  this  State  may 
be  situated  or  located:  Provided,  further,  that  the 
railroad  company  or  corporation  which  purchases  any 
railroad  or  railroad  and  toll  bridge  in  this  State,  shall 
operate  such  railroad  or  railroad  and  toll  bridge  situ- 
ated within  this  State,  and  hold  such  property  situated 
within  this  State  and  the  franchises  so  acquired,  subject 
to  all  the  rights,  powers,  privileges,  duties  and  obli- 
gations prescribed  by  the  general  railroad  laws  of  this 
State  for  the  regulation,  government,  taxation  or  con- 
trol of  railroads  organized,  or  which  may  be  organized, 
■under  the  laws  of  this  State:  And,  provided,  further, 
that  this  Act  shall  not  be  construed  so  as  to  permit 
any  railroad  company  to  purchase  any  parallel  or  com- 
peting line  of  railroad  in  this   State. 

DliTXKl.NG   ON'   TRAINS. 

(House  Bill  No.  262.   Approved  May  25,  1911.) 
Be  it  enacted  iy  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Drinking  intoxicating  liquor  on  passenger  cars  or  about 
station — Intoxicated  person — Penalties.  §  1.  That  any  per- 
son who  shall  drink  any  intoxicating  liquor,  or  who 
shall  be  intoxicated,  in  or  upon  any  railroad  smoking 
car,  parlor  car,  day  coach,  interurban  car  or  caboose 
car,  in  use  for  the  transportation  of  passengers,  or  in 
or  about  any  railroad  station  or  platform,  upon  con- 
viction thereof,  shall  be  fined  not  less  than  $25  nor 
more  than  $100,  or  imprisoned  in  the  county  jail  for 
not  less  than  30  days  nor  more  than  100  days,  or  both 
such  fine  and  imprisonment. 

Duties  and  powers  of  conductors — Arrests.  §  2.  Every 
railroad  conductor,  while  on  duty,  is  hereby  authorized 
and  empowered  to  exercise  in  any  county  of  this  State, 
for  the  purpose  of  enforcing  the  provisions  of  this  Act, 
all  the  common  law  and  statutory  powers  conferred 
upon  sheriffs  and  It  is  hereby  made  the  duty  of  all 
such  conductors  to  enforce  the  preceding  section  of 
this  Act,  and  to  arrest,  without  process,  any  person 
who  violates  any  provision  thereof,  and  in  so  doing: 
they  shall  be  held  to  be  acting  for  the  State  and  not 
as  employes  of  the  company.  Any  person  or  persons 
so  arrested  shall  be  delivered  by  such  conductor  to 
some  judge,  justice  of  the  peace,  sheriff,  constable  or 
police  officer  at  some  station  or  place  within  the  county 
in  which  the  offense  was  committed,  for  trial,  according 
to  law:  Provided,  that  if  the  car  on  which  such  arrest 
is  made  does  not  stop  within  the  county  within  which 
such  offense  was  committed,  then  such  conductor  shall 
deliver  the  person  so  arrested  to  some  sheriff,  constable 
or  police  officer  of  the  county  wherein  such  car  shall 
first  stop  after  such  arrest,  who  shall  deliver  the  person 
so  arrested  to  some  judge  or  justice  of  the  peace  of  the 
county  in  which  the  offense  was  committed,  for  trial. 


434 


National  Association  of  Railway  Commissioners 


Refusal  or  failure  of  conductors — Penalty.  §  3.  Any 
Buch  railroad  conductor,  who  shall  refuse  or  fail  to 
comply  with  §  2  of  this  Act,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  shall  be 
fined  not  less  than  |10   nor  more  than   |25. 

Printed  notices  to  be  posted  by  company — Penalty.  §  4. 
The  several  railroad  companies  in  this  State  shall,  with- 
out unnecessary  delay,  cause  printed  copies  of  the  three 
preceding  sections  of  this  Act  to  be  kept  posted  in 
conspicuous  places  at  all  their  stations  along  their  lines 
of  railroad  In  this  State.  Every  railroad  company  that 
shall  neglect  to  post,  and  keep  posted,  such  notices  as 
required  by  this  section  shall,  for  each  offense,  forfeit 
the  sum  of  $50,  to  be  recovered  in  an  action  of  debt. 
In  the  name  of  the  people  of  the  State  of  Illinois. 

Approved  May  25,  1911. 

OFFICE  IN  ILLINOIS. 

[Approved  June  18,  1883;  in  force  July  1,  1883.    L.  1883, 
p.  128.] 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Shall  have  public  office,  book  with  transfer  of  stock 
registered.  30.  §  1.  Each  and  every  railroad  corporation, 
organized  or  doing  business  In  this  State,  under  the 
laws  or  authority  thereof,  shall  have  and  maintain  a 
public  oface,  or  place  in  this  State  for  the  transaction 
of  its  business,  where  transfers  of  shares  of  its  stock 
shall  be  made  by  such  railroad  corporation,  upon  the 
request  of  the  owner  of  shares  thereof,  presenting  the 
certificate  thereof.  Every  such  railroad  corporation 
shall  keep  a  book  in  which  the  transfers  of  shares  of 
Its  stock  shall  be  registered,  and  another  book  con- 
taining the  names  of  its  stockholders,  which  book  shall 
be  open  to  the  examination  of  its  stockholders. 

Fines  for  failure  to  comply.  31.  §  2.  Any  railroad  cor- 
I)oration,  organized  or  doing  business  in  this  State, 
under  the  laws  or  authority  thereof,  or  failing  to  comply 
with  the  provisions  of  §  1  of  this  Act,  within  90  days 
after  the  taking  effect  of  this  Act,  shall,  upon  conviction 
thereof,  be  fined  in  any  sum  not  less  than  $1,000  nor 
more  than  $2,000.  In  case  any  such  railroad  corporation 
shall  fail  to  comply  with  the  provisions  of  said  §  1 
within  six  months  after  the  taking  effect  of  this  Act, 
it  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  less  than  $2,000  nor  more  than  $4,000;  and  for  every 
year,  after  the  taking  effect  of  this  Act,  any  such  rail- 
road corporation  shall  fail  to  comply  with  the  provisions 
of  said  §  1,  It  shall,  upon  conviction,  be  fined  not  less 
than  $4,000:  Provided,  that  in  all  cases  under  this  Act 
either  party  shall  have  the  right  of  trial  by  jury. 

Fines  recovered  in  action  for  debt.  32.  §  3.  The  fines 
hereinbefore  provided  for  may  be  recovered  In  action  of 
debt  In  the  name  of  the  people  of  the  State  of  Illinois. 

Duty  of  commissioners.  33.  §  4.  It  shall  be  the  duty  of 
the  railroad  and  warehouse  commissioners  to  personally 
Investigate  and  ascertain  whether  the  provisions  of  this 
Act  are  violated  by  any  railroad  corporation  in  this 
State;  and  whenever  the  facts  in  any  manner  ascertained 
by  said  commissioners  shall,  in  their  judgment,  warrant 
euch  prosecution,  it  shall  be  the  duty  of  said  com- 
missioners to  Immediately  cause  suit  to  be  commenced 
and  prosecuted  against  any  railroad  corporation  which 
may  violate  the  provisions  of  this  Act.  Said  suits  and 
prosecutions  may  be  Instituted  in  any  county  in  this 
State,  through  or  into  which  the  line  of  the  railroad 
corporation  sued  for  violating  this  Act  may  extend. 
And  such  railroad  and  warehouse  commissioners  are 
hereby  authorized  to  employ  counsel  to  assist  the 
attorney-general  in  conducting  such  suit  on  behalf  of  the 
State.  No  such  suits  commenced  by  said  commissioners 
shall  be  dismissed,  except  said  railroad  and  warehouse 
commissioners  and  the  attorney-general  shall  consent 
thereto. 

Fines  to  be  used  for  county  purposes.  34.  |  5.  All  fines 
recovered  under  the  provisions  of  this  Act  shall  be  paid 
into  the  county  treasury  in  the  county  in  which  the 
suit  Is  tried,  by  the  person  collecting  the  same,  in  the 
manner  now  provided  by  law,  to  be  used  for  county 
purposes. 


ii 


EXTORTION   AND  UNJUST   DISCRIMINATION.  '^| 

[Approved  May  2,  1873;  in  force  July  1,  1873.] 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

"Extortion"  defined.  124.  §  1.  If  any  railroad  cor- 
poration, organized  or  doing  business  in  this  State,  under 
any  Act  of  incorporation  or  general  law  of  this  State, 
now  in  force  or  which  may  hereafter  be  enacted,  or 
any  railroad  corporation  organized  or  which  may  here- 
after be  organized  under  the  laws  of  any  other  State, 
and  doing  business  in  this  State,  shall  charge,  collect, 
demand  or  receive  more  than  a  fair  and  reasonable  rate 
of  toll  or  compensation  for  the  transportation  of  pas- 
sengers or  freight,  of  any  description,  or  for  the  use 
and  transportation  of  any  railroad  car  upon  its  track 
or  any  of  the  branches  thereof  or  upon  any  railroad 
within  this  State  which  it  has  the  right,  license  or 
permission  to  use,  operate  or  control,  the  same  shall  be 
deemed  guilty  of  extortion,  and  upon  conviction  thereof, 
shall  be  dealt  with  as  hereinafter  provided. 

Unjust  discrimination.  125.  §  2.  If  any  such  rallroal 
corporation  aforesaid -shall  make  any  unjust  discrimina- 
tion in  its  rates  or  charges  of  toll,  or  compensation,  for 
the  transportation  of  passengers  or  freight  of  any  de- 
scription, or  for  the  use  and  transportation  of  any  rail- 
road car  upon  its  said  road,  or  upon  any  of  the  brancheu 
thereof,  or  upon  any  railroads  connected  therewith, 
which  it  has  the  right,  license  or  permission  to  operate, 
control  or  use,  within  this  State,  the  same  shall  bo 
deemed  guilty  of  having  violated  the  provisions  of  thli; 
Act,  and  upon  conviction  thereof,  shall  be  dealt  with 
hereinafter   provided. 

Evidence.  126.  §  3.  It  any  such  railroad  corporatt3 
shall  charge,  collect  or  receive,  for  the  transportatioi 
of  any  passenger,  or  freight  of  any  description,  upon  itf 
railroad,  for  any  distance,  within  this  State,  the  sam« 
or  a  greater  amount  of  toll  or  compensation  than  if 
at  the  same  time  charged,  collected  or  received  for  tht 
transportation,  in  the  same  direction,  of  any  passengei 
or  like  quantity  of  freight  of  the  same  class,  over  a 
greater  distance  of  the  same  railroad,  or  If  it  shall 
charge,  collect  or  receive,  at  any  point  upon  Its  rail- 
road, a  higher  rate  of  toll  or  compensation  for  receiving, 
handling  or  delivering  freight  of  the  same  class  and 
quantity,  than  It  shall,  at  the  same  time,  charge,  collect 
or  receive  at  any  other  point  upon  the  same  railroad, 
or  if  it  shall  charge,  collect  or  receive  for  the  trans- 
portation of  any  passenger,  or  freight  of  any  description, 
over  its  railroad,  a  greater  amount  as  toll  or  compensa- 
tion than  shall,  at  the  same  time  be  charged,  collected 
or  received  by  it  for  the  transportation  of  any  passen- 
ger, or  like  quantity  of  freight  of  the  same  class,  being 
transported  in  the  same  direction,  over  any  portion  of 
the  same  railroad,  of  equal  distance;  or  if  it  shall 
charge,  collect  or  receive  from  any  person  or  persons  a 
higher  or  greater  amount  of  toll  or  compensation  than 
it  shall  at  the  same  time  charge,  collect  or  receive 
from  any  other  person  or  persons  for  receiving,  handling 
or  delivering  freight  of  the  same  class  and  like  quantity, 
at  the  same  point  upon  its  railroad;  or  if  it  shall  charge, 
collect  or  receive  from  any  person  or  persons,  for  the 
transportation  of  any  freight  upon  its  railroad,  a  higher 
or  greater  rate  of  toll  or  compensation  than  it  shall 
at  the  same  time  charge,  collect  or  receive  from  any  other 
person  or  persons,  for  the  transportation  of  the  like 
quantity  of  freight  of  the  same  class,  being  transported 
from  the  same  point,  in  the  same  direction,  over  equal 
distances  of  the  same  railroad;  or  if  it  shall  charge, 
collect  or  receive  from  any  person  or  persons  for  the 
use  and  transportation  of  any  railroad  car  or  cars  upon 
its  railroad,  for  any  distance,  the  same  or  a  greater 
amount  of  toll  or  compensation  than  it  at  the  same  time 
charged,  collected  or  received  from  any  other  person  or 
persons,  for  the  use  and  transportation  of  any  rail- 
road car  of  the  same  class  or  number,  for  a  like 
purpose,  being  transported  in  the  same  direction,  over 
a  greater  distance  of  the  same  railroad;  or  if  it  shall 
charge,  collect  or  receive  from  any  person  or  persons, 
for  the  use  and  transportation  of  any  railroad  car  or 
cars  upon  its  railroad,  a  higher  or  greater  rate  of  toll 
or  compensation,  than  it  shall,  at  the  same  time,  charge, 
collect  or  receive  from  any  other  person  or  persons,  for 


Public  Service  Laws 


435 


the  use  and  transportation  ot  any  railroad  car  or  cars 
of  tlie  same  class  or  number,  for  a  like  purpose  being 
transported  from  the  same  point,  in  the  same  direction, 
over  an  equal  distance  of  the  same  railroad;  all  such 
discriminating  rates,  charges,  collections  or  receipts, 
whether  made  directly,  or  by  means  of  any  rebate,  draw- 
back or  other  shift  or  evasion,  shall  be  deemed  and 
taken,  against  such  railroad  corporation,  as  prima  facie 
evidence  of  the  unjust  discriminations  prohibited  by  the 
provisions  of  this  Act;  and  it  shall  not  be  deemed  a 
suflScient  excuse  or  justification  of  such  discriminations 
on  the  part  of  such  railroad  corporation,  that  the  railway 
station  or  point  at  which  it  shall  charge,  collect  or 
receive  the  same  or  less  rates  of  toll  or  compensation, 
for  the  transportation  of  such  passenger  or  freight,  or 
for  the  use  and  transportation  of  such  railroad  car 
the  greater  distance,  than  for  the  shorter  distance,  is 
a  railway  station  or  point  at  which  there  exists  com- 
petition with  any  [*818]  other  railroad  or  means  of 
transportation.  This  section  shall  not  be  construed  so 
as  to  exclude  other  evidence  tending  to  show  unjust 
discrimination  in  freight  and  passenger  rates.  The 
provisions  of  this  section  shall  extend  and  apply  to  any 
railroad,  the  branches  thereof,  and  any  road  or  roads 
which  any  railroad  corporation  has  the  right,  license 
or  permission  to  use,  operate  or  control,  wholly  or  in 
part,  within  this  State:  Provided,  however,  that  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  rail- 
road corporations  from  issuing  commutation,  excursion 
or  thousand-mile  tickets,  as  the  same  are  now  Issued  by 
such   corporations. 

Penalties.  127.  §  4.  Any  such  railroad  corporation 
guilty  of  extortion,  or  of  making  any  unjust  discrimina- 
tions as  to  passenger  or  freight  rates,  or  the  rates  for 
the  use  and  transportation  of  railroad  cars,  or  in  receiv- 
ing, handling  and  delivering  freights,  shall,  upon  con- 
viiction  thereof,  be  fined  in  any  sum  not  less  than  $1,000 
nor  more  than  $5,000  for  the  iirst  offense;  and  for  the 
second  offense  not  less  than  ?5,000  nor  more  than 
$10,000;  and  for  the  third  offense  not  less  than  $10,000 
nor  more  than  $20,000;  and  for  every  subsequent  offense 
and  conviction  thereof,  shall  be  liable  to  a  fine  of 
$25,000;  Provided,  that  in  all  cases  under  this  Act,  either 
party   shall   have   the   right   ot  a  trial  by  jury. 

Proceedings  to  recover  fines.  128.  §  5.  The  fines  here- 
inbefore provided  for  may  be  recovered  in  an  action  of 
debt,  in  the  name  of  the  people  ot  the  State  of  Illinois, 
and  there  may  be  several  counts  joined  in  the  same 
declaration  as  to  extortion  and  unjust  discrimination, 
and  as  to  passenger  and  freight  rates,  and  rates  for 
the  use  and  transportation  of  railroad  cars,  and  for 
receiving,  handling  or  delivering  freight.  If,  upon  the 
trial  of  any  cause,  instituted  under  this  Act,  the  jury 
shall  find  for  the  people,  they  shall  assess  and  return 
with  their  verdict  the  amount  of  the  fine  to  be  Imposed 
upon  the  defendant,  at  any  sum  not  less  than  $1,000 
nor  more  than  $5,000,  and  the  court  shall  render  judg- 
ment accordingly;  and  if  the  jury  shall  find  for  the 
people,  and  that  the  defendant  had  once  before  been 
convicted  of  a  violation  of  the  provisions  of  this  Act,  they 
shall  return  such  finding  with  their  verdict,  and  shall  as- 
sess and  return  with  their  verdict  the  amount  of  the  fine 
to  be  imposed  upon  the  defendant,  at  any  sum  not  less  than 
$5,000  nor  more  than  $10,000,  and  the  court  shall  render 
judgment  accordingly;  and  if  the  jury  shall  find  for  the 
people  and  that  the  defendant  has  been  twice  before  con- 
victed of  a  violation  of  the  provisions  of  this  Act,  with 
respect  to  extortion  or  unjust  discrimination,  they  shall 
return  such  finding  with  their  verdict,  and  shall  assess 
and  return  with  their  verdict  the  amount  of  the  fine  to 
be  imposed  upon  the  defendant,  at  any  sum  not  less  than 
$10,000  nor  more  than  $20,000;  and  in  like  manner,  for 
every  subsequent  offense  and  conviction,  such  defend- 
ant shall  be  liable  to  a  fine  of  $25,000:  Provided,  that 
in  all  cases  under  the  provisions  of  this  Act  a  preponder- 
ance of  evidence  in  favor  of  the  people  shall  be  sufficient 
to  authorize  a  verdict  and  judgment  for  the  people. 

Damages.  129.  §  6.  If  any  such  railroad  corporation 
shall,  in  violation  of  any  of  the  provisions  of  this  Act, 
ask,  demand,  charge  or  receive  of  any  person  or  cor- 
poration any  extortionate  charge  or  charges  for  the  trans- 
portation of  any  passengers,  goods,  merchandise  or 
property,  or  for  receiving,  handling  or  delivering  freigTits, 


or  shall  make  any  unjust  discrimination  against  any 
person  or  corporation  in  Its  charges  therefor,  the  per- 
son or  corporation  so  offended  against  may,  for  each 
offense,  recover  of  such  railroad  corporation,  in  any 
form  ot  action,  three  times  the  amount  of  damages 
sustained  by  the  party  aggrieved,  together  with  the 
cost  of  the  suit  and  a  reasonable  attorney's  fee,  to  ba 
fixed  by  the  court  where  the  same  is  heard,  on  appeal 
or  otherwise,  and  taxed  as  a  part  of  the  cost  of  the 
case. 

Duties  of  railroad  and  warehouse  commission.  130.  §  7. 
It  shall  be  the  duty  of  the  railroad  and  warehouse 
commissioners  to  personally  investigate  and  ascertain 
whether  the  provisions  of  this  Act  are  violated  by  any 
railroad  corporation  in  this  State,  and  to  visit  the  various 
stations  upon  the  lines  of  each  railroad  for  that  purpose, 
as  often  as  practicable;  and  whenever  the  facts,  in  any 
manner  ascertained  by  said  commissioners,  shall,  in 
their  judgment,  warrant  such  prosecution,  it  shall  be 
the  duty  of  said  commissioners  to  immediately  cause 
suits  to  be  commenced  and  prosecuted  against  any  rail- 
road corporation  which  may  violate  the  provisions  of  this 
Act.  Such  suits  and  prosecutions  may  be  instituted 
in  any  county  in  this  State  through  or  into  which  the 
line  of  the  railroad  corporation  sued  for  violating  this 
Act  may  extend.  And  such  railroad  and  warehouse 
commissioners  are  hereby  authorized,  when  the  facts 
in  the  case  presented  to  them  shall,  in  their  judgment, 
warrant  the  commencement  of  such  action,  to  employ 
counsel  to  assist  the  attorney-general  in  conducting 
such  suit  on  behalf  of  the  State.  No  such  suit  com- 
menced by  said  commissioners  shall  be  dismissed,  except 
said  railroad  and  warehouse  commissioners  and  the 
attorney-general    shall    consent   thereto. 

Schedules.  131.  §  8.  The  railroad  and  warehouse  com- 
missioners are  hereby  directed  to  make,  for  each  of  the 
railroad  corporations  doing  business  in  this  State,  as 
soon  as  practicable,  a  schedule  of  reasonable  maximum 
rates  ot  charges  for  the  transportation  of  passengers  and 
freights  and  cars  of  each  of  said  railroads;  and  said 
schedule  shall  in  all  suits  brought  against  such  railroad 
corporations  wherein  is,  in  any  way,  involved  the  charges 
of  any  such  railroad  corporation  for  the  transportation 
of  any  passenger  or  freight,  or  cars,  or  unjust  discrim- 
ination in  relation  thereto,  be  deemed  and  taken  in  all 
courts  of  this  State  as  prima  facie  evidence  that  the 
rates  therein  fixed  are  reasonable  maximum  rates  of 
charges  for  the  transportation  of  passengers  and  freights, 
and  cars  upon  the  railroads  for  which  said  schedules 
may  have  been  respectively  prepared.  Said  commis- 
sioners shall  from  time  to  time,  as  often  as  circum- 
stances may  require,  change  and  revise  said  schedules. 
When  any  schedule  shall  have  been  made  or  revised,  as 
aforesaid,  it  shall  be  the  duty  of  said  commissioners  to 
have  the  same  printed  by  the  State  printer  under  the 
contract  governing  the  State  printing,  and  said  commis- 
sioners shall  furnish  two  copies  of  such  printed  sched- 
ule to  the  president,  general  superintendent  or  re- 
ceiver of  each  railroad  company  or  corporation  doing 
business  in  this  State.  All  such  schedules  heretofore 
or  hereafter  made  shall  be  received  and  held  in  all 
such  suits  as  prima  facie  the  schedules  of  said  com- 
missioners, without  further  proof  than  the  production 
of  the  schedules  desired  to  be  used  as  evidence,  with  & 
certificate  of  the  railroad  and  warehouse  commissioners, 
that  the  same  is  a  true  copy  ot  a  schedule  prepared  by 
them  for  the  railroad  company  or  corporation  therein 
named.  [As  amended  by  Act  approved  June  30,  1885; 
in  force  July  1,   1885.     L.   1885. 

Evidence — Fines — Practices.  132.  §  10.  In  all  cases 
under  the  provisions  of  this  Act  the  rules  of  evidence 
shall  be  the  same  as  in  other  civil  actions,  except  as 
■hereinbefore  otherwise  provided.  All  fines  recovered 
under  the  provisions  of  this  Act  shall  be  paid  into  the 
county  treasury  of  the  county  in  which  the  suit  is  tried, 
by  the  person  conducting  the  same,  in  the  manner  now 
provided  by  law,  to  be  used  for  county  purposes.  The 
remedies  hereby  given  shall  be  regarded  as  cumulative 
to  the  remedies  now  given  by  law  against  railroad 
corporations,  and  this  Act  shall  not  be  construed  as 
repealing  any  statute  giving  such  remedies.  Suits  com- 
menced under  the  provisions  of  this  Act  shall  have  prec- 
edence over  all  other  business,  except  criminal  business. 


436 


National  Association  of  Eailwat  Commissioners 


"Railroad  corporation"  defined.  133.  §  11.  The  term 
"railroad  corporation"  contained  in  this  Act  shall  he 
deemed  and  taken  to  mean  all  corporations,  companies 
or  individuals  now  owning  oi"  operating,  or  which  may 
hereafter  own  or  operate  any  railroad,  in  whole  or  in 
part,  in  this  State;  and  the  provisions  of  this  Act  shall 
apply  to  all  [*820]  persons,  firms  and  companies,  and  to 
all  associations  of  persons,  whether  incorporated  or 
otherwise,  that  shall  do  business  as  common  carriers 
upon  any  of  the  lines  of  railways  in  this  State  (street 
railways  excepted),  the  same  as  to  railroad  corporations 
hereinbefore  mentioned. 

§  12,    repealed,    omitted. 

EXPRESS    COMPANIES. 

(House  Bill  No.  577.   Approved  June  9,  1911.) 
Be  it  enacted  62/  the  people  of  the  State  of  Illinois,  etc.: 

Express  companies  declared  common  carriers — Jurisdic- 
tion. §  1.  That  each  and  every  person,  firm,  copartner- 
ship, joint  stock  company,  organization  or  corporation 
engaged  either  as  owner  or  as  lessee,  agent,  trustee  or 
receiver,  in  transporting  by  rail  or  water,  merchandise, 
property,  parcels,  packages,  money  and  other  commod- 
ities and  things  between  points  within  the  State  of  Il- 
linois, and  commonly  known  as  express  companies  or 
carriers  by  express,  shall  be  deemed  and  is  hereby 
declared  to  be  an  express  company  or  carrier  by  express 
and  also  a  common  carrier,  and  as  such  shall,  from  and 
after  the  passage  of  this  Act,  as  to  the  transportation 
of  merchandise,  property,  parcels,  packages,  money  and 
other  commodities  and  things  between  points  within  the 
State  of  Illinois,  be  placed  within  the  jurisdiction  and 
under  the  supervision  and  control  of  the  railroad  and 
warehouse  commission  as  provided  in  this  Act:  Pro- 
vided, that  this  Act  shall  not  apply  to  railroad  compa- 
nies or  steamboat  companies  engaged  in  transporting 
freight. 

Rates  of  maximum  charges — Receipt — Government  and 
control — Joint  rates  and  classifications.  §  2.  The  railroad 
and  warehouse  commission  (hereinafter  called  the  com- 
mission) shall  have  power  to  prescribe,  promulgate  and 
establish  reasonable  and  just  rates  or  schedules  of 
maximum  charges  for  each  kind  of  property,  money, 
parcels,  merchandise,  packages  and  other  commodities 
and  things  to  be  charged  for  and  received  by  express 
companies  or  carriers  by  express  as  defined  in  §.1  of  this 
Act,  or  either  of  them,  either  separately  or  conjointly, 
connected  with  the  receiving,  handling,  transporting, 
storing  and  delivery  of  all  such  property,  money,  parcels, 
merchandise,  packages  and  other  commodities  and  things 
•which,  by  the  contract  of  carriage,  are  to  be  transported 
separately  or  conjointly  by  such  express  companies  or 
carriers  by  express  between  points  within  the  State 
of  Illinois,  which  rates  or  charges  may  be  changed  or 
modified  by  said  commission  from  time  to  time  in  such 
manner  and  to  such  effect  as  may  become  necessary; 
also  to  prescribe  a  form  of  receipt  for  each  shipment, 
also  a  form  of  receipt  for  moneys  paid  for  charges  for 
the  transportation  of  any  article  or  thing,  to  be  given 
upon  receipt,  or  upon  the  payment  of  such  charges: 
and  the  said  commission  shall  have  power  to  make  and 
prescribe  maximum  rates  and  charges,  classifications, 
rules  and  regulations  for  the  government  and  control 
of  such  express  companies  or  carriers  by  express.  Said 
commission  may  also,  after  hearing  on  a  complaint  or 
upon  its  own  initiative  without  complaint,  establish 
through  routes  and  joint  rates  and  classifications,  also 
a  division  of  such  rates,  to  apply  as  the  maximum  to 
or  upon  shipments  over  the  routes  of  two  or  more  express 
companies  or  carriers  by  express  between  points  within 
the  State  of  Illinois.  Whenever  such  express  companies 
or  carriers  by  express  in  obedience  to  an  order  of  said 
commission  to  establish  joint  rates,  fares  or  charges,' 
shall  fail  to  agree  among  themselves  upon  the  appor- 
tionment or  division  thereof,  the  commission  may,  after 
hearing,  make  a  supplemental  order  prescribing  the  just 
and  reasonable  proportion  of  such  joint  rates  to  be  re- 
ceived by  each  party  thereto,  which  order  shall  take 
effect  as   a   part   of  the   original  order. 

Schedules  of  rates,  charges,  etc.,  posted  in  offices-" 
Changes — Discriminations — Penalty.  §  3.  It  shall  be  the 
duty  of  every  express  company  and  carrier  by  express 
as  defined  in  §  1  of  this  Act,  to  print  in  clear  and  legible 


type    the    schedules   of    rates   and   charges   for   the   trans- 
portation of  such  property,   money,  parcels,  merchandise, 
packages   and   other   commodities   and   things   from   every 
point  in  this  State  on  its  own  line  to  every  other  point 
in  this  State  on  its  own  line,  or,  when  in  connection  with 
any  other  express  company  or  carrier  by  express  to  every 
other    point    of    such    other    express    company    or    carrier 
by    express    within    the    State    of    Illinois    where    a    joint 
rate    has    been    established,    and    naming   all   such    points 
in    such    schedules,    and    to    post   and   keep    displayed    in 
each  office  or  place  of  business  of  such  express  company 
or  carrier   by   express,  within   convenient  access   and  for 
the    inspection    and   use   of   the   public   during   customary 
business    hours,    such     printed    schedules    of    rates    and 
charges   and   any   amendments   thereto,  and   in   like   man-   . 
ner  to  post  and  display  any  special  rules  or  regulations, 
also  the  classification  applying  which  may  be  promulgated 
by  them  or  by  order  of  said  commission,  for  the  informa- 
tion  of   shippers,   and   a   printed   notice   stating   that   the 
agent    will    assist    any    shipper    to    determine    from    such 
schedules  any  rate  or  fare  or  rule  in  force;   and  to  quo  e 
rates    that    are   lawfully   in    effect   under   such    schedules, 
in    writing   when    requested,    and   be    responsible    for   tie 
correctness    of    the    same:      Provided,    however,    that   10  • 
change   in   any   schedule  of  rates   or  charges,  or  classl:!-  : 
cation  shall  become  effective  until  it  has  been  filed  with 
the    commission,    and    until    after    five   days    shall    ha^e 
elapsed   between   the    date   of   filing   and    the   time   when 
such   rates    are   to   become   effective   if   the   rates   are  I0 
be  reduced,  and  30  days  if  the  rates  are  to  he  advanced : 
Provided,  the   commission  may,  in  its  discretion   and   f(  r 
good    cause    shown,    allow    changes    upon    less    than    the 
notice  herein  specified:     And,  provided,  further,  the  com- 
mission   may,    upon    complaint   or   upon   its   own   motion, 
suspend  the  taking  effect  of  any  such  schedule  or  classi- 
fication  as   provided   in   §  4   of  this   Act,   pending  inquiry 
as  to  its   correctness   or  the  reasonableness  of  the  rat«  s 
contained   in   it.     And  it  shall  be  unlawful  for  any  sue  1 
express    company    or    carrier    by    express    to    charge,    de- 
mand,   collect   or   receive   a    greater   or   less   or    differer  t 
compensation  for  such  transportation  of  property,  mone;  , 
parcels,    merchandise,    packages    and    other    commoditit  5 
and    things,    or   for    any    service    rendered    in   connectio » 
therewith,    between    points    named    in    its    schedules    cr 
tariffs,   than    the   rates    and   charges    which   are   specifle  I 
in    such    schedules   or   tariffs    filed    and    in    effect   at   th ) 
time  Or  as  may  be  promulgated,  amended  or  changed  b  ^ 
order    of   the    commission,    nor    shall    such    express    con  - 
pany  or  carrier  by  express  refund  or  remit  in  any  mai  - 
ner  or  by   any  device  any  portion  of  the  rate  or  charg  > 
so   specified,   nor   extend    to   any   shipper,    person  or   pe  - 
sons,  firms,  copartnerships,  joint  stock  companies  or  co  - 
porations   any    privilege   or   facility   in   receiving,   storins  , 
handling    or    forwarding    of    property,    or   otherwise,    nc  t 
granted    to   another   and   not  specified   in   such    schedule  3 
or   tariffsj      Provided,   however,   nothing  herein  containe  1 
shall   be   construed   to   prohibit   any  express   company  cr 
carrier  by  express  from   carrying  or  transporting  free  cr 
at  reduced  rates   the   personal   property  for  the  persons  1 
use   of  its   officers,  agents   and  employes  and  their  fam- 
Ues,  nor  from   exchanging  such  transportation  with  oth€r 
express    companies    and    carriers    by    express    for    then;- 
selves,    their    officers,    agents    and    employes    and    the:r 
families.     Any  express  company  or  carrier  by  express,  as 
defined   in  §  1  of  this  Act.  or  any  officer,  representativ.', 
servant,    agent,    lessee,    trustee    or    receiver    of   such   e:;- 
press    company    or   carrier   by   express,   knowingly   viola - 
ing  any  of  the  provisions  of  this  section  shall,  upon  con- 
viction, be  fined  in  any  sum  not  less  than  $100  and  net 
more  than  $500  for  the  first  offense;   and  for  the  second 
and   each   subsequent  offense   shall   be   fined   in  any   sum 
not    less    than    $1,000    and    not   more    than    $5,000;    to   be' 
recovered  in  an  action  of  debt  in  the  name  of  the  people 
of  the  State  of  Illinois  and  there  may  be  several  counts 
joined   in   the   same   declaration.     Each   distinct  violation 
shall  be  a  separate  offense,  and  in  case  of  a  continuing 
violation,   the  violation  for  each  day  shall  be  deemed  a 
separate  offense. 

Copies  of  contracts,  schedules,  etc.,  filed  with  commis- 
sion—Complaints— Hearings — Penalty.  §  4.  Each  and 
every  express  company  and  carrier  by  express,  as  defined 
in  §  1  of  this  Act,  shall  file  with  the  commission  certified 
copies  of  all  contracts  or  agreements  now  existing  or 
hereafter  entered  into  by  or  between  him  or  it  and  any 


Public  Service  I^aws 


437 


other  express  company  or  carrier  by  express  or  any 
railroad  company  or  carrier  by  water  operating  within 
the  State  of  Illinois,  and  shall  also  file  with  said  com- 
mission printed  copies  of  all  schedules  and  charges, 
tariffs,  classifications,  rules  and  regulations,  together  witn 
any  changes  or  amendments  thereto  that  may  be  made 
or  promulgated  from  time  to  time,  also  all  changes  in 
said  schedules,  tariffs,  classifications,  regulations  and 
rules  as  prescribed  and  defined  in  §  3  of  this  Act. 

And  it  shall  be  the  duty  of  said  commission  and  it 
shall  have  power  to  take  cognizance  of  all  said  contracts, 
agreements,  schedules,  tariffs,  rates,  classifications,  rules 
and  regulations,  and,  in  the  event  of  anything  found 
contained  in  them  or  either  of  them  deemed  injurious 
to  or  inconsistent  with  the  public  welfare  or  which  may 
work  to  the  detriment  of  the  public,  communities  or 
individuals,  the  commission  shall  cause  the  same  to  be 
immediately  inquired  into,  either  upon  complaint  or 
upon  its  own  motion  and  initiative  without  complaint, 
as  may  be  deemed  proper  by  said  commission,  and  it 
may  suspend  for  a  period  of  not  more  than  four  months, 
pending  inquiry,  the  taking  effect  of  any  such  classi- 
fication, schedule  of  rates,  charges,  tariffs,  agreements, 
rules  or  regulations.  The  express  company  or  carrier 
by  express  affected  shall  be  forthwith  nbtifled  and  a 
full  hearing  of  the  cause  had  promptly,  as  in  other  pro- 
ceedings before  the  commission,  and  all  interested  ex- 
press companies  or  carriers  by  express  and  other  per- 
sons interested  may  be  made  parties.  If  the  commis- 
sion is  of  the  opinion,  after  such  hearing  and  investiga^- 
tion,  that  the  schedules  of  rates,  charges,  tariffs,  agree- 
ments or  classification  as  filed  or  published,  or  the 
privileges,  facilities  and  regulations  published  in  con- 
nection therewith  are  unjust  or  unreasonable  or  otherwise 
discriminatory  or  prejudicial,  or  in  violation  of  law,  it 
shall  determine  what  is  and  will  be  reasonable  and  just 
and  shall  prescribe  the  same,  and  shall  order  such 
express  company  or  carrier  by  express  to  file  with  said 
commission  and  publish  on  or  before  a  certain  day,  to 
take  effect  on  a  certain  day,  schedules  of  charges, 
classification,  tariffs,  rules  or  regulations  in  accordance 
with  the   findings   and   decision  of  the  commission. 

Any  express  company  or  carrier  by  express,  as  de- 
fined by  §  1  of  this  Act,  or  any  officer,  representative, 
servant,  agent,  lessee,  trustee  or  receiver  of  such 
express  company  or  carrier  by  express,  knowingly  failing 
or  neglecting  to  obey  any  order  made  under  the  provi- 
sions of  this  section,  shall  be  fined  in  any  sum  not 
exceeding  $1,000  for  each  offense,  to-be  recovered  in 
an  action  of  debt  in  the  name  of  the  people  of  the 
State  of  Illinois,  and  there  may  be  several  counts 
joined  in  the  same  declaration.  Each  distinct  violation 
shall  be  a  separate  offense,  and  in  case  of  a  continuing 
violation,  the  violation  for  each  day  shall  be  deemed  a 
separate  offense. 

Complaints  of  shippers,  etc. — Hearing — Appeal.  §  5.  Any 
shipper,  or  any  shippers'  or  other  commercial  organiza- 
tion or  association,  or  any  person,  firm,  copartnership, 
join*,  stock  company  or  corporation  may  file  complaint 
with  said  commission  against  any  such  express  com- 
pany or  carrier  by  express,  wherein  It  may  be  claimed 
an  unjust  charge  has  been  made  for  the  transportation 
of  property,  merchandise,  parcels,  packages,  money  or 
other  commodity  or  things,  in  such  manner  and  form 
as  the  commission  may  prescribe.  And  it  shall  be  the 
duty  of  the  commission  to  take  cognizance  of  such  com- 
plaints and  to  proceed  with  a  hearing,  after  due  notifi- 
cation to  the  express  company  or  carrier  by  express 
so  complained  of,  in  such  manner  as  it  may  prescribe 
by  its  rules  of  practice.  At  such  hearing  or  hearings 
before  the  commission,  copies  of  contracts,  agreements, 
tariffs,  schedules  of  charges,  rules  and  regulations  and 
classifications  that  may  have  been  filed  with  the  com- 
mission by  such  express  company  or  carrier  by  express, 
shall  be  considered  prima  facie  evidence  of  what  they 
purport  to  be.  Any  person  or  party  interested  shall 
have  the  right  of  appeal  from  the  order  or  decision 
of  the  commission  to  a  court  of  competent  jurisdiction, 
but  the  order  or  decision  of  the  commission  shall  prevail 
pending  such  appeal  and  the  decision  of  the  court  un- 
less enjoined  or  set  aside  by  the  court. 

Shipments — Advance  charges.  §  6.  Each  and  every 
express    company    or   carrier    by    express    as    herein    de- 


fined shall  at  all  convenient  times  during  business  hours 
accept  and  receive  for  prompt  shipment  to  points  on 
its  own  line,  or  to  points  on  the  lines  of  other  express 
companies  or  carriers  by  express  operating  within  the 
State  of  Illinois,  all  property,  parcels,  money,  mer- 
chandise, packages  and  other  commodities  and  things 
which  may  be  offered  to  it  or  them  or  either  of  them 
for  transportation  by  express  by  the  public:  Provided, 
that  the  payment  of  charges  may  be  demanded  and  re- 
ceived in  advance  of  such  forwarding  or  transportation, 
not  in  excess  of  the  rates  of  charges  shown  in  the 
tariffs  or  schedules  and  classification  provided  for  in 
this  Act:  Provided,  however,  that  no  article  which 
such  express  company  or  carrier  by  express  does  not 
hold  himself  or  Itself  out  to  carry  or  which  may  be 
declared  under  such  schedules,  tariffs,  rules  or  regulation 
or  classification  as  being  of  excessive  bulk  or  weight, 
or  a  menace  to  the  health  or  the  safety  of  the  public, 
or  otherwise  prohibited  by  law,  shall  be  required  to  be 
accepted  by  any  such  express  companies  or  carriers  by 
express. 

Receipt  furnished  shipper — Items.  §  7.  Upon  demand 
of  a  shipper  each  receiving  or  forwarding  express  com- 
pany or  carrier  by  express  shall  be  required  to  furnish 
a  receipt  or  other  evidence  in  writing,  in  such  form 
as  may  be  prescribed  by  or  approved  of  by  said  com- 
mission, stating  the  quantity,  character,  weight,  order 
and  condition  of  goods  or  articles  tendered  for  shli>- 
ment,  and  said  express  companies  or  carriers  by  ex- 
press shall  in  like  manner  execute  and  furnish,  upon 
demand,  a  receipt  for  the  charges  paid  on  any  shipment, 
which  shall  cover  substantially  the  following  items: 
Date;  date  of  shipment;  name  of  consignor;  name  of 
connecting  line  or  express  company  or  carrier  by  ex- 
press; name  or  description  of  each  article  or  package 
covered  by  or  in  such  receipt;  the  graduate  scale  or 
rate  employed  in  making  the  rate  or  charge  on  such 
article  or  package,  separately;  the  amount  of  charges 
on  each  article  or  package;  the  amount  of  advanced 
charges  (if  any);  the  sum  total  of  charges  to  be  paid 
by  the  consignee.  And  any  such  express  company  and 
carrier  by  express  is  hereby  prohibited  from  including 
In  any  such  receipt  for  shipments  to  be  made  any 
restriction  or  evasion  of  the  common  law  liability  of 
such  carrier. 

Reports — Investigation  of  books.  §  8.  The  said  com- 
mission shall  have  authority  to  call  upon  such  express 
companies  or  carriers  by  express  for  reports,  and  to 
investigate  their  books  in  the  same  manner  as  may 
be  provided  by  law  for  the  regulation  of  railroad  com- 
panies, which  reports  shall  be  furnished  to  such  com- 
mission on  demand.  All  laws,  rules  and  regulations 
made  and  prescribed  for  the  government  of  railroads, 
in  so  far  as  they  are  or  may  be  applicable,  shall  be 
of  equal  force  against  all  such  express  companies  or 
carriers  by"  express. 

Delivery — Territory — Penalty.  §  9.  The  railroad  and 
warehouse  commission  may,  upon  complaint  of  its 
own  initiative,  after  notice  to  the  express  companies 
or  carriers  by  express  affected,  fix  and  determine  th^ 
territory  in  any  city  or  village  in  this  State  having  a 
population  of  2,500  or  more  inhabitants,  according  to 
the  last  preceding  United  States  census,  within  which 
territory  such  express  companies  and  carriers  by  ex- 
press shall  thereafter  deliver  all  merchandise,  property, 
parcels,  packages,  money  and  other  commodities  and 
things  transported  by  them  to  all  consignees  within 
such  territory  at  the  place  of  address  as  directed  on 
the  package,  parcel,  commodity  or  thing  transported  and 
thereafter  all  such  express  companies  and  carriers  by  ex- 
press shall  deliver  all  merchandise,  property,  parcels,  pack- 
ages, money  and  other  commodities  and  things  transported 
by  them,  and  each  of  them,  to  all  consignees  within  such 
territory,  at  the  place  of  address  as  directed  on  the  pack- 
age, parcel,  commodity  or  thing  transported.  Any  such  ex- 
press company  or  carrier  by  express,  or  any  oflScer,  repre- 
sentative, servant,  agent,  lessee,  trustee  or  receiver  of 
such  express  company  or  carrier  by  express,  who  know- 
ingly violates  any  of  the  provisions  of  this  section,  shall 
be  fined  in  any  sum  not  more  than  $100,  to  be  recovered 
in  an  action  of  debt  in  the  name  of  the  people  of  th» 
State  of  Illinois. 

Offenses — Penalties.    §  10.  Any  express  company  or  car- 


438 


National  Association  of  Railway  C'ommissioxkks 


rier  by  express,  as  defined  in  §  1  of  this  Act,  or  any  officer, 
representative,  servant,  agent,  lessee,  trustee  or  receiver 
of  such  express  company  or  carrier  by  express,  who  shall 
wilfully  do,  cause  to  be  done  or  permit  to  be  done, 
any  act,  matter  or  thing  in  this  Act  prohibited  or 
declared  to  be  unlawful  or  shall  wilfully  neglect  or  omit 
to  do  any  act.  matter  or  thing  required  by  this  Act  to 
be  done  by  him  or  it,  the  punishment  for  which  is  not 
hereinabove  expressly  provided  for,  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  for  the  first  offense 
be  fined  in  any  sum  not  less  than  $100  nor  more  than  $500, 
and  for  any  subsequent  offense  be  fined  not  less  than  $500 
and  not  more  than  $1,000,  and  be  confined  in  the  county 
jail  not  more  than  90  days.  Every  distinct  violation  shall 
be  a  separate  offense  and  in  case  of  a  continuing  violation, 
the  violation  for  each  day  shall  be  deemed  a  separate  of- 
fense. 

Suits — Documents — Evidence.  §  11.  In  all  suits,  civil 
or  criminal,  arising  under  the  provisions  of  this  Act, 
where  any  document,  file,  record,  memorandum,  book, 
schedule,  tariff,  or  paper  in  the  custody  of  the  commis- 
sion may  be  material  or  competent  as  evidence,  then 
such  document,  file,  record,  memorandum,  book,  schedule, 
tariff,  or  paper  may  be  proved  by  a  copy  thereof  duly 
certified  under  the  hand  of  the  secretary  of  the  com- 
mission  with  the  seal  of  the   commission  affixed   thereto. 

Repeal.  §  12.  All  Acts  and  parts  of  Acts  in  conflict 
with  this  Act  are  hereby  repealed. 

Approved  June  9,  1911. 

KAILKOAD    CROSSINGS. 

[Approved  May  27,  1889;  in  force  July  1,  1889.    As  amended 

by  Act  approved  May  25,  1907;  in  force  July  1,  1907.1 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

The  crossing  of  one  railroad  by  another.  209.  §  1.  That 
hereafter  any  railroad  company  desiring  to  cross  with 
its  track  or  tracks  the  main  track  of  another  railroad 
company  shall,  before  constructing  any  such  crossing, 
apply  to  the  railroad  and  warehouse  commission  for 
permission  to  make  such  crossing,  and  it  shall  thereupon 
be  the  duty  of  such  commission  to  view  the  ground  anfl 
give  all  parties  interested  an  opportunity  to  be  heard. 
After  full  investigation,  and  with  due  regard  to  safety 
of  life  and  property,  said  commission  shall  give  a  deci- 
sion prescribing  the  place  where  and  the  manner  in 
■which  said  crossing  shall  be  made,  but  in  all  cases  the 
compensation  to  be  paid  for  property  actually  required 
for  the  crossing  and  all  damages  resulting  therefrom 
shall  be  determined  in  the  manner  provided  by  law  In 
case  the  parties  fail  to  agree:  Provided,  that  said  com- 
mission shall  only  grant  permission  to  construct  sucii 
crossing  at  such  place  and  in  such  manner  as  will  not 
unnecessarily  impede  or  endanger  the  travel  or  trans- 
portation  upon   the   railroad   to   be   crossed. 

Expense  of  construction  of  crossing.  210.  §  2.  The 
railroad  company  seeking  the  crossing  shall  in  all  cases 
pay  the  costs  and  expenses  of  the  commission  incurred 
in  the  investigation,  and  if  permission  for  a  grade  cros»- 
ing  is  given,  shall  bear  the  entire  expense  of  the  con- 
struction thereof,  together  with  the  cost  of  installing 
such  interlocking  or  other  safety  appliance  as  shall  be 
required  and  the  cost  of  the  maintenance  thereof.  If  a 
separation  of  grades  is  required  at  such  crossing,  then 
such  commission  shall  decide  and  include  in  the  order 
authorizing  such  crossing  the  proportion  of  the  expense 
thereof  to  be  paid  by  the  railroads  interested  in  said 
crossing,  respectively,  but  not  more  than  one-third  of 
such  expense  shall  be  charged  against  the  senior  road. 
Interurban  electric  railroads  and  street  railroads  are 
hereby  declared  to  be  railroads  and  within  the  meaning 
of  this  Act. 

[Approved  June  3,  1887;    in   force  July  1,  1887.     L.  1887, 

p.  252.1 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre 
sented  in  the  general  assembly: 

Two  or  more  railroads  crossing  each  other  on  samt 
level — Requirements.  §  1.  That  when  and  in  case  two 
or  more  railroads  crossing  each  other  at  a  common  grade, 
or  any  railroad  crossing  any  stream  or  harbor  by  swing 
or  draw  bridge  shall,  by  a  system  of  interlocking  and 
automatic   signals,    or   by   other   works,   fixtures    and    ma- 


chinery to  be  erected  by  them,  or  either  of  them,  render 
it  safe  tor  engines  and  trains  to  pass  over  such  crossing 
or  bridge  without  stopping,  and  such  system  of  interlock- 
ing and  signals,  works  or  fixtures  shall  first  be  approved 
by    the    railroad    and    warehouse    commissioners,    or    any 
two  of  them,  and  a  plan  of  such  interlocking  and  sign 
works    and    fixtures    for    such    crossings    designating 
plan  of  crossing  shall   have  been   filed  with  such  raiir 
and    warehouse   commissioners,   then   and   in   that   can 
is    hereby    lawful    for    engines    and    trains    of    any    : 
railroad    or    railroads    to    pass    over    said    crossings    nr 
bridge    without    stopping,   any    law,    or   the    provisions      f 
any   law,  now   in   force   to   the  contrary  notwithstandi 
and    all    such    other   provisions   of   laws   contrary   the 
are   hereby   declared   not   to   be  applicable   in   such   c: 
Provided,   that   tlie   said   railroad   and   warehouse  com; 
sioners   shall   have   power   in   case   such   interlocking  sys- 
tem,  in   their  judgment,   shall  by  experience  prove  to  be 
unsafe  or  impracticable,  to  order  the  same  to  be  di.^con- 
tinued.     [As  amended  by  Act  provided  May  28,   1891;    in 
force  July   1,  1891.     L.  1891,  p.  179.] 

Civil  engineer  to  examine  system,  etc. — Compensation. 
§  2.  The  said  railroad  and  warehouse  commissioners  may 
appoint  a  competent  civil  engineer  to. examine  such  pro- 
posed system  plans,  and  report  the  result  of  such  exami- 
nation for  the  information  of  such  railroad  and  wire- 
house  commissioners;  and  said  railroad  and  wareho  ise 
commissioners  are  hereby  authorized  to  allow  and  aw  ird 
$5  per  day  as  compensation  for  the  services  of  such 
civil  engineer,  or  such  reasonable  sum  as  such  commis- 
sioners shall  deem  fit,  and  to  allow  and  award  such  ot  ler 
and  further  sums  as  they  shall  deem  fit  to  pay,  all  ofier 
fees,  costs  and  expenses  to  arise  under  said  applicati  m, 
to  be  paid  by  the  railroad  company  or  companies  in  in  r- 
est,  to  be  taxed  and  paid  or  collected  as  in  other  ca 
And  the  said  railroad  and  warehouse  commissioners 
also  empowered  on  application  for  their  approval  of  :  nv 
such  system  of  interlocking  and  signals,  works  or  ix- 
tures,  to  require  of  the  applicant  security  for  such  fe  s, 
costs  and  expenses,  or  the  deposit,  in  lieu  thereof,  o:  a 
sufficient  amount  in  money  for  that  purpose  to  be  fi:  ed 
by   them. 

[Approved  June  2,   1891;    in   force  July  1,   1891.     L.   1?  "1, 

p.  181.1 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  rei  -e- 
sented  in  the  general  assembly: 

Protecting  crossings — Interlocking  or  other  safety  le- 
vices.  211.  §  1.  That  in  every  case  where  the  m  in 
tracks  of  two  or  more  railroads  cross  at  grade  in  t  lia 
State,  any  company  owning  or  operating  any  one  of 
such  tracks,  whose  managers  may  desire  to  unite  w  th 
others  by  protecting  such  crossings  with  interlocking  or 
other  safety  devices,  may  file  with  the  railroad  f  nd 
warehouse  commission  a  petition  stating  the  facts  of 
the  situation,  and  asking  said  railroad  and  warehoi  se 
commission  to  order  such  crossing  to  be  protected  l>y 
interlocking  signals,  devices  and  switches,  or  other  saf  ty 
appliances.  Said  petition  shall  be  accompanied  by  a 
plat  showing  the  location, of  all  tracks;  and  upon  he 
filing  thereof,  notice  shall  be  given  to  each  other  c(  m- 
pany  or  person  owning  or  operating  any  tracks  invob  ed 
in  such  crossing,  and  the  said  railroad  and  wareho':S€ 
commission  shall  thereupon  view  the  site  of  such  crt  ss- 
ing,  and  shall,  as  soon  as  practicable,  appoint  a  ti  ne 
and  place  for  the  hearing  of  such   petition. 

When  grade  crossing  dangerous — Pouer  of  commissi  'ii. 
212.  §  2.  If  the  said  railroad  and  warehouse  eommiss  oa 
shall,  from  information  obtained  in  any  manner,  have  ca  ise 
to  believe  that  any  such  grade  crossing,  as  described  in  ;;  1 
of  this  Act,  is  dangerous  to  the  public  or  to  persons  opei  at- 
ing  trains,  and  requires  protection,  then  it  shall  be  the  d  ity 
of  said  commission,  without  any  petition,  and  of  its  cwn 
motion,  to  cite  the  several  companies  or  persons  own  ng 
or  operating  the  railway  tracks  forming  such  crossing, 
to  come  before  said  commission  at  such  time  and  pi  ice 
as  may  be  named,  and  show  cause  why  they  should  not 
be  required  to  provide  such  crossing  with  interlocking 
or  other  safety  appliances. 

Com,mission  to  hear  petition — Interlocking  signals — ( 
212.    §3.    At  the  time  and  place  named  for  hearing  under  auy 
petition  filed  in  pursuance  of  §  1  of  this  Act,  or  in  any  cita- 
tion issued  in  pursuance  of  S  2  thereof,  unless  the  hearing 
is  for  good  cause  continued,  said  railroad  and  warehouse 


Triiijc  Skisvice  Laws 


439 


commission  shall  proceed  to  try  the  question  whether  or  not 
the  crossing  shall  be  protected  by  interlocking  or  other- 
wise, and  shall  give  to  all  companies  and  parties  inter- 
ested an  opportunity  to  be  fully  heard,  and  said  com- 
mission shall,  after  such  hearing,  enter  an  order  upon 
the  record  book  or  docket  to  be  kept  for  the  purpose, 
denying  the  petition  or  discharging  the  citation,  if  the 
protection  of  such  crossing  as  proposed  is  deemed  un- 
necessary, or  if  said  commission  shall  be  of  opinion, 
from  the  evidence  and  facts  produced,  that  the  public 
good  requires  that  such  crossing  be  protected,  then  the 
commission  shall  enter  an  order  prescribing  an  inter- 
locking device  or  equipment  tor  such  crossing,  in  case 
the  companies  interested  cannot  agree  upon  a  device,  in 
which  order  shall  be  specified  the  kind  of  machine  to 
be  used,  the  switches,  signals  and  other  devices  or 
appliances  to  be  put  in  and  the  location  thereof,  and  all 
other  matters  which  may  be  deemed  proper  for  the 
efficient  protection  of  such  crossing,  and  said  commission 
shall  further  designate  in  such  order  the  proportion  of 
the  (ost  of  the  construction  of  such  plant  and  of  the 
expense  of  maintaining  and  operating  the  same,  which 
each  of  the  companies  or  persons  concerned  shall  pay. 
[As  amended  by  Act  approved  May  25,  1907;  in  force 
July  1,   1907.] 

Commission  to  inspect  plant — May  issue  permit  to  run 
crossing  without  stopping.  214.  §  4.  It  shall  be  the  duty 
of  every  railroad  company  or  person  owning  or  oper- 
ating any  track  involved  in  any  such  crossing  to  comply 
with,  and  carry  out  fully,  or  unite  with  the  others  in 
doing  so,  any  order  of  said  railroad  and  warehouse  com- 
mission made  in  pursuance  of  any  proceeding  instituted 
or  had  under  this  Act,  such  work  to  be  completed  within 
90  days  after  such  order  is  made  unless  the  railroad 
and  warehouse  commission  shall  for  good  cause  shown 
extend  the  time;  and  when  any  such  plant  shall  have 
been  completed  and  made  ready  for  use,  it  shall  be  the 
duty  of  the  companies  or  persons  concerned  to  notify 
the  said  railroad  and  warehouse  commission  thereof, 
whereupon  said  commission  shall  inspect  or  cause  to  be 
inspected  the  said  complete  plan  in  the  same  manner 
as  is  now  provided  in  the  Act  upon  that  subject,  ap- 
proved June  3,  1887;  and  if,  upon  such  inspection,  the 
said  plant  is  deemed  to  be  well  constructed  and  suitable 
and  sufficient  for  the  purpose,  the  said  railroad  and 
warehouse  commission  shall  issue  a  permit  empowering 
the  several  companies  or  persons  owning  or  operating 
the  tracks  involved  herein  to  run  such  crossing  without 
stopping,  under  such  rules  and  regulations  as  may  be 
in  force,  or  may  thereafter  be  adopted  by  the  said  com- 
mission, any  law  now  in  force  upon  the  subject  of  stop- 
ping trains  at  railway  crossings  to  the  contrary  not- 
withstanding. 

.  Penalty  for  not  complying  with  order.  215.  §  5.  Any 
company,  person  or  corporation  refusing  or  neglecting 
to  comply  with  any  order  made  by  said  railroad  and 
warehouse  commission  in  pursuance  of  this  Act,  shall 
forfeit  and  pay  a  penalty  of  $200  for  each  week  o^ 
such  refusal  and  neglect,  the  same  to  be  recovered  in 
an  action  of  debt  in  the  name  of  the  people  of  the  State 
of  Illinois,  and  to  be  paid,  when  collected,  into  the  county 
treasury  of  any  county  where  any  such  suit  may  be  tried. 

Expenses,  hoio  paid.  216.  §  6.  All  expenses  incurred  in 
any  proceeding  under  this  Act  shall  be  paid  by  the 
railway  companies  concerned,  in  equal  portions,  upon 
bills  to  be  rendered  by  the  secretary  of  said  commission. 

What  a  crossing  within  meaning  of  Act.  217.  §  7.  Every 
junction  of  two  or  more  railroad  tracks,  whether  the 
tracks  joining  each  other  are  owned  by  different  com- 
panies or  by  the  same  company,  shall  be  taken  and 
deemed  to  be  a  crossing  within  the  meaning  of  this  Act: 
Provided,  that  this  section  shall  not  apply-  to  a  switch 
spur  or  side  tracks. 

INSPKCTOK    OF    EQUIPMENT    AND    OPERATION    OF     SAFETY     APPLI- 

ANCKS. 

[Approved  May  12,  1905;    in  force  July  1,   1905.     L.  1905. 
p.  349.1 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 
Inspector  of  safety  appliances — Term  of  office — Qualifica- 
tions.    219.     §   1.     An    inspector    of    automatic    couplers, 
power   brakes   and   grabirons   or    handholds,   on    railroad 


locomotives,  tenders,  cars  and  similar  vehicles,  shall  be 
appointed  by  the  railroad  and  warehouse  commissioners, 
within  30  days  after  this  Act  goes  into  effect,  who 
shall  hold  office  two  years,  unless  sooner  removed  for 
cause,  and  until  his  successor  is  appointed  and  quali- 
fied. At  any  time  a  vacancy  occurs  in  the  office,  the 
railroad  and  warehouse  commissioners  shall  immediately 
fill  the  vacancy  by  appointment. 

No  person  is  eligible  to  hold  the  office  who  is  an 
officer  or  an  employe  of  a  railroad  company  or  who 
owns  or  is  interested,  directly  or  indirectly,  in  the  stock 
or  bonds  of  any  railroad  company,  or  who  has  not 
had  at  least  seven  years  of  practical  experience  on 
some  line  of  railroad  operated  in  the  State  of  Illinois 
in  one  or  more  of  the  following  capacities:  Engineer, 
fireman,  conductor,  yardmaster,  brakeman.  train  baggage- 
man,  switchman,    car    inspector   or    repairer. 

Bond.  220.  §  2.  Before  entering  on  his  duties  the 
said  inspector  shall  give  bond  to  the  State  of  Illinois 
in  the  sum  of  $3,000,  with  two  or  more  sureties,  or  a 
bond  and  surety  company,  acceptable  to  the  railroad 
and  warehouse  commissioners,  conditioned  for  the  faith- 
ful performance  of  his  duties,  and  shall  also  take  the 
usual  oath  of  office,  which  oath  and  bond,  with  the 
approval  of  the  railroad  and  warehouse  commission 
Indorsed  thereon,  shall  be  deposited  with  the  secretary 
of  State. 

Salary  and  expenses,  hoto  paid.  221.  §  3.  Said  in- 
spector shall  be  provided  with  transportation  at  the 
expense  of  the  State  and  be  paid  a  salary  of  $1,500 
per  year  and  necessary  expenses,  not  to  exceed  $1,000 
In  any  one  year,  which  shall  be  paid  in  the  manner  now 
provided  by  law  for  the  salary  and  expenses  of  the 
railroad  and  warehouse  commissioners.  He  shall  have 
his  office  in  the  State  house,  in  the  office  of  the 
railroad  and  warehouse  commissioners,  and  shall  be 
under    the    supervision    of    said    commissioners. 

Duties.  222.  §  4.  It  shall  be  the  duty  of  the  said 
inspector  to  inspect  the  couplers,  power  brakes  and 
grab-irons  or  hand-holds,  on  the  railroads  engaged  in 
moving  traffic  between  points  in  Illinois,  and  make 
weekly  reports  of  his  inspections  to  the  railroad  and 
warehouse  commissioners,  reporting  all  locomotives, 
.enders.  cars  or  similar  vehicles  which  are  found  to 
be  defective,  giving  the  numbers  of  same,  road  on 
which   they  are  found   and   road   owning  same,  if  known. 

PROMOTING    SAFKTY    OF    E.MPLOYES    AND    TRAVELERS    BY    COMPEL- 
LING COMMON  CARRIERS  TO  EQUIP  CARS  WITH  AUTOMATIC 
COUPLERS,   ETC. 

[Approved  May  12,  1905;    in  force  July  1,  1905.     L.  1905, 

p.  350.1 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 
Requirements  for  power  brakes.  223.  §  1.  That  from 
and  after  the  passage  of  this  Act  it  shall  be  unlawful 
for  any  common  carrier,  engaged  in  moving  traffic  by 
railroad  between  points  in  this  State,  to  use  on  its 
line  any  locomotive  in  moving  such  traffic,  not  equipi>ed 
with  a  power  driving  wheel  brake  and  appliances  for 
operating  the  train  brake  system,  or  to  run  any  train 
in  such  traffic  after  the  passage  of  this  Act  that  has 
not  a  sufficient  number  of  cars  in  it  so  equipped  with 
power  or  train  brakes  that  the  engineer  on  the  loco- 
motive drawing  such  train  can  control  its  speed  without 
requiring  brakemen  to  use  the  common  hand  brake  for 
that   purpose. 

Requirements  for  automatic  couplers.  224.  §  2.  That 
from  and  after  the  passage  of  this  Act  it  shall  be  un- 
lawful for  any  such  common  carrier  to  haul  or  permit 
to  be  hauled  or  used  on  its  line  any  locomotive,  tender, 
car  or  similar  vehicle,  used  in  moving  State  traffic,  not 
equipped  with  couplers,  coupling  automatically  by  im- 
pact, and  which  can  be  uncoupled  without  the  necessity 
of  men  going  between  the  ends  of  the  cars. 

May  refuse  to  receive  cars  not  equipped.  225.  §  3.  That 
when  any  person,  firm,  company  or  corporation  engaged 
in  moving  traffic  by  railroad  between  points  in  the 
State  of  Illinois  shall  have  equipped  a  sufficient  num- 
ber of  its  cars  so  as  to  comply  with  the  provisions  of 
§  1  of  this  Act,  it  may  lawfully  refuse  to  receive  from 
connecting  line  of  road  or  shippers  any  cars  not 
equipped     sufficiently     in     accordance     with     §  1     of    this 


440 


National  Association  of  Eailway  Commissioners 


Act  with  such  power  or  train  brakes  as  will  work  aud 
readily  Interchange  with  the  brakes  in  use  on  Its  own 
cars,  as  required  by  this  Act. 

Requirements  for  grab  irons  or  handholds.  226.  §  4. 
That  from  and  after  the  passage  of  this  Act  it  shall 
be  unlawful  for  any  railroad  company  to  use  any  loco- 
motive, tender,  car  or  similar  vehicle,  in  connection 
with  the  movement  of  traffic  between  points  in  this 
State,  that  is  not  provided  with  secure  grab-irons  or 
hand-holds  in  the  ends  and  sides  of  each  locomotive, 
tender,  car  or  similar  vehicle  for  greater  security  to 
men  in  coupling  and  uncoupling  cars. 

Height  of  drawbars.  227.  §  5.  That  the  standard 
height  of  drawbars,  measured  perpendicularly  from  the 
level  of  the  tops  of  the  rails  to  the  center  of  the  draw- 
bars upon  standard  gauge  roads,  shall  be  34%  inches; 
narrow  gauge  roads,  26  inches;  and  that  the  maximum 
variation  from  such  standard  height  to  be  allowed  be- 
tween drawbars  of  empty  and  loaded  cars  shall  be 
three  inches. 

Penalty — Exemptions.  228.  |  6.  That  any  such  com- 
mon carrier  using  any  locomotive,  or  tender,  running 
any  train,  or  hauling  or  permitting  to  be  hauled  or 
used  on  its  line  any  car  or  similar  vehicle  In  violation 
of  any  of  the  provisions  of  this  Act  shall  be  liable  to 
a  penalty  of  $100  for  each  and  every  violation,  to  be 
recovered  in  a  suit  or  suits  to  be  brought  by  the 
State's  attorney  in  the  Circuit  Court  of  the  county 
having  jurisdiction  in  the  locality  where  such  violation 
shall  have  occurred;  and  it  shall  be  the  duty  of  such 
State's  attorney  to  bring  such  suits  upon  duly  verified 
information  being,  lodged  with  him  of  such  violation 
having  occurred;  and  it  shall  also  be  the  duty  of  the 
railroad  and  warehouse  commission  to  lodge  with  the 
proper  State's  attorneys  Information  of  any  such  viola- 
tions as  may  come  to  its  knowledge:  Provided,  that 
nothing  in  this  Act  contained  shall  apply  to  trains 
composed  of  four  wheel  cars  or  to  trains  composed  of 
eight  wheel  standard  logging  cars,  where  the  height 
of  such  car  from  the  tops  of  the  rails  to  the  center  of 
the  coupling  does  not  exceed  25  inches,  or  to  locomo- 
tives used  in  hauling  such  trains  when  such  cars  or 
locomotives  are  exclusively  used  for  the  transportation 
of  logs  or  to  street  cars,  or  to  trains,  locomotives, 
tenders,  cars  and  similar  vehicles  used  in  interstate 
commerce. 

Application  of  statute.  229.  §  7.  The  provisions  and 
requirements  of  this  Act  shall  be  held  to  apply  to 
common  carriers  engaged  in  moving  traffic  by  railroad 
between  points  in  this  State  and  shall  apply  in  all 
cases,  whether  or  not  the  couplers  brought  together 
are  of  the  same  kind,  make  or  type  and  the  provisions 
and  requirements  hereof  relating  to  power  driving 
wheel  brakes,  train  brakes,  automatic  couplers,  grab- 
irons  and  the  height  of  drawbars  shall  be  held  to  apply 
to  all  trains,  locomotives,  tenders,  cars  and  similar 
vehicles  used  on  any  railroad  engaged  in  moving  traffic 
between  points  in  the  State  of  Illinois,  excepting  those 
trains,  cars  and  locomotives  exempted  by  the  provisions 
of  §  6  of  this  Act,  and  all  those  trains,  locomotives, 
tenders,  cars  and  similar  vehicles  used  in  Interstate 
commerce. 

Commission  may  increase  percentage  of  cars  with  power 
brake.  230.  §  8.  That  whenever,  as  provided  by  this  Act, 
any  train  is  operated  with  power  or  train  brakes  not 
less  than  50  per  centum  of  the  cars  in  such  train  shall 
have  their  brakes  used  and  operated  by  the  engineer  of 
the  locomotive  drawing  such  train;  and  all  power 
braked  cars  In  such  train  which  are  associated  together 
with  said  50  per  centum  shall  have  their  brakes  so 
used  and  operated;  and  to  more  fully  carry  into  effect 
the  object  of  this  Act,  the  railroad  and  warehouse 
commission  may,  from  time  to  time,  after  a  full  hearing, 
increase  the  minimum  percentage  of  cars  in  any  train 
required  to  be  operated  with  power  or  train  brakes, 
which  may  have  their  brakes  used  and  operated  as 
aforesaid;  and  failure  to  comply  with  any  such  re- 
quirement of  said  railroad  and  warehouse  commission 
shall  be  subject  to  the  like  penalty  as  failure  to  comply 
with   any   requirements   of   this   section. 

Employe  not  to  be  deemed  to  have  assumed  risk.  231. 
§  9.    That  any  employe  of  any  such  common  carrier,  who 


may  be  Injured  by  any  train,  locomotive,  tender,  car  or 
similar  vehicle  in  use  contrary  to  the  provisions  of 
this  Act,  shall  not  be  deemed  to  have  assumed  the 
risks  thereby  occasioned,  nor  to  have  been  guilty  of 
contributory  negligence,  because  of  continuing  in  the 
employment  of  such  common  carrier  or  in  the  per- 
formance of  his  duties  as  such  employe  after  the  un- 
lawful use  of  such  train,  locomotive,  tender,  car  or 
similar   vehicle   had   been   brought  to   his  knowledge. 

Extension  of  time  to  narrow  gauge  railroads.  232.  §  10. 
The  railroad  and  warehouse  commission  is  hereby 
empowered  to  grant  to  narrow  gauge  railroads,  upon  a 
full  hearing  and  for  good  cause,  a  reasonable  extension 
of  time  in  which  to  comply  with  the  provisions  of  this 
Act:  Provided,  however,  that  such  extension  or  ex- 
tensions shall  not  exceed  in  the  aggregate  the  period  of 
one  year  from  and  after  its  passage. 

TWO-CENT   FABE. 

[Approved  May  27,  1907;  in  force  July  1,  1907.] 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Two  cents  per  mile  for  adult  passengers — One  cent  per 
mile  children  under  12  years,  etc.    233.    §  1.    That  it  shall 
hereafter    be    unlawful    for   any    corporation    or    company 
engaged    in    the    carriage    of    passengers    upon    any    rail- 
road or  railroads,  between  points  in  this  State,  to  chargo 
in    excess    of    two    cents    per    mile    for    the    carriage    oT 
adult    passengers,    where    any    passenger    has    purchased 
a  ticket,   entitling  him   to   carriage,  or  in   excess   of  on<^ 
cent    per    mile    for    the    carriage    of    a    passenger    unde:- 
12    years   of   age,    where    such    passenger    has    purchase( 
a   ticket   entitling  him    to   carriage:      Provided,    that    th( 
charge  in   no  case  shall  be  less  than   five  cents,  and,  li 
determining   the    charge,    fractions   of   less    than   one-hal 
mile  shall  be  disregarded  and  all  other  fractions  countec 
as    one    mile.      If    any    passenger    shall    have    failed    tc 
purchase    a    ticket    entitling   him    to    carriage,    a    rate    o: 
three  cents   per  mile  may  be  charged  and   collected. 

Penalty.  234.  §  2.  For  any  violation  of  the  provisloni 
of  this  Act  by  any  such  corporation  or  company,  Itf 
agents  or  employes,  such  corporation  or  company  shal! 
forfeit  and  pay  to  the  State  of  Illinois  a  penalty  o) 
not  less  than  $25  nor  more  than  $100  for  every  suet 
violation,  to  be  recovered  by  suit  brought  in  the  nam« 
of  the  State  of  Illinois  by  the  attorney-general  of  tht 
State  in  any  court  of  competent  jurisdiction  in  anj 
county  into  or  through  which  said  corporation  or  com 
pany  runs  or  passes,  or  by  the  State's  attorney  of  anj 
county  through  which  said  corporation  or  company  runs 
or  passes.  Where  such  penalty  is  recovered  in  a  suit 
brought  by  a  State's  attorney,  as  provided  in  this  Act 
there  shall  be  recovered  in  addition  thereto  the  sum  ol 
$10  as  compensation  for  said  prosecuting  attorney. 

Construction.  235.  §  3.  The  invalidity  of  any  sectioi 
of  this  Act  shall  not  invalidate  any  other  section  thereof 

Repeal.  236.  §  4.  All  laws  in  conflict  herewith  ari 
hereby   repealed.  ■  » 

SELLING    OR    FRAUDCLE.VTLY    USING    PASSES.  ^  " 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre 
sented  in  the  general  assembly : 

Unlawful  for  persons  to  buy,  sell,  give  or  transfer  onj 
pass.  §  1.  That  it  shall  not  be  lawful  for  any  person  t( 
buy,  sell,  give,  barter  or  transfer  in  any  manner  anj 
pass  which,  by  conditions  expressed  thereon,  is  no' 
transferable,  or  any  form  of  free  transportation  which 
by  conditions  expressed  thereon,  is  not  transferable.  Is 
sued  or  given  by  any  railroad  company,  steamboat  com 
pany,  or  owners  of  other  public  conveyance  in  this  State. 
Nor  shall  it  be  lawful  for  any  person  to  use,  or  attemp": 
to  use,  for  the  purpose  of  being  transported  upon  any 
railroad,  steamboat  or  other  public  conveyance  In  thlsi 
State  any  pass  or  other  form  of  free  transportation 
Issued  in  the  name  of  any  person  other  than  the  ono 
using  or  attempting  to  use,  such  pass  or  form  of  fret: 
transportation. 

Penalty.  §  2.  Any  person  violating  any  of  the  pro- 
visions of  this  Act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  liable  to  be  punished  by  a 
fine  of  not  exceeding  $100,  or  by  imprisonment  not  ex- 
ceeding one  year,  or  either  or  both,  at  the  discretion  of 


Public  Service  Laws 


441 


the    court    in    which    such    person    or    persons    shall    be 
convicted. 

Approved  June  10,  1897. 

CABOOSE   C.VRS. 

Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Size  and  equipment  of  caboose  cars.  §  1.  That  It  shall 
be  unlawful  for  any  person,  receiver  or  corporation, 
operating  a  line  of  railroad  situated  in  whole  or  in  part 
In  the  State  of  Illinois,  to  require  or  to  permit  the 
use  of  any  caboose  cars  unless  said  caboose  cars  shall 
be  at  least  24  feet  in  length,  exclusive  of  platforms,  and 
shall  be  provided  with  a  door  in  each  end  thereof,  and 
with  cupolas  and  with  platforms,  not  less  than  30 
Inches  wide  across  each  end  thereof,  and  that  said 
platforms  shall  be  equipped  with  guard  rails,  grab  Irons 
and  steps  for  the  safety  of  persons  in  alighting  or 
getting  on  said  caboose  cars,  and  said  caboose  cars 
shall  be  equipped  with   at  least  two  four-wheel  trucks. 

Penalty.  §  2.  Any  person,  receiver  or  corporation, 
operating  a  line  of  railroad  situated  in  whole  or  in  part 
In  this  State,  violating  any  of  the  provisions  of  §  1  of 
this  Act,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  $100 
nor   more   than   $500   for,  each   offense. 

Commission  to  enforce.  §  3.  It  shall  be  the  duty  of  the 
board  of  railroad  and  warehouse  commissioners  to  have 
this   law   enforced. 

Exemption.  §  4.  The  provisions  of  this  Act  shall  not 
apply  to  the  use  of  caboose  cars  in  yard  and  in  transfer 
service,  nor  to  the  use  of  caboose  cars  now  owned  by 
any  railroad  or  railway  company  operating  in  this  State; 
and  it  is  further  provided  that  in  case  of  unusual  and 
unforeseen  demands  of  traffic,  caboose  cars  not  of  stand- 
ard construction  may  be  used  temporarily:  Provided, 
that  the  railway  company  or  companies  desiring  to 
use  the  same  shall  apply  to  and  obtain  an  order  of  tha 
railroad  and  warehouse  commission  granting  the  privi- 
lege to  temporarily  use  the  same. 

Approved   June    15,    1909. 

SIDE   TRACKS    AND   CONNECTIONS. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Switch  connection  with  railroad  track  of  shipper — Cars. 
§  1.  Any  railroad  being  a  common  carrier  of  freight, 
upon  application  of  any "  shipper  tendering  or  receiving 
freight  or  merchandise  in  carload  lots,  shall  construct, 
maintain  and  operate,  upon  reasonable  terms,  upon 
its  own  right  of  way  at  any  regular  station,  a  switch 
connection  with  any  such  shipper's  railroad  track  which 
may  be  constructed  to  connect  with  its  railroad  upon 
its  right  of  way,  where  such  connection  is  reasonably 
practicable  and  can  be  put  in  with  safety  and  will 
furnish  sufficient  revenue  business  to  such  railroad  com- 
pany to  justify  the  construction  and  maintenance  of  the 
same,  and  shall  furnish  cars  for  the  movement  of 
such  traffic  upon  such  switch  upon  its  own  rails  to 
the  best  of  its  ability  without  discrimination  in  favor  of 
<jr   against    any    such    shipper. 

Complaints — Investigation — Decision  by  railroad  and 
warehouse  commission.  §  2.  If  any  such  common  carrier 
shall  fail  to  install  and  operate  any  such  switch  and 
connection  as  aforesaid,  on  application  therefor  in 
writing  by  any  such  shipper,  he  may  make  com- 
plaint to  the  railroad  and  warehouse  commission,  and 
the  commission  shall  hear  and  investigate  the  same 
and  shall  determine  as  to  the  safety  and  practicability 
thereof  and  justification  and  reasonable  compensation 
therefor,  and  the  commission  may  make  an  order,  di- 
recting the  common  carrier  to  comply  with  the  pro- 
visions of  this  Act  In  accordance  with  such  order; 
such  order  shall  be  enforced  as  other  orders  of  the 
commission  may  be  enforced,  and  said  commission, 
If  it  shall  decide  that  such  side  track  and  connection 
shall  be  provided  by  such  common  carrier,  may  begin 
proceedings  in  any  Circuit  Court  having  jurisdiction  over 
such  railroad  company  to  compel  such  railroad  company 
to  provide  such  side  track  and  connection. 

Approved   June   14,   1909. 


RAILROADS CONSOLIDATION. 

[Approved  June  14,  1883;   in  force  July  1,  1883.     L.  1883, 

p.  124.1 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

What  railroads  may  consolidate  and  how.  §  1.  When- 
ever any  railroad  which  is  situated  partly  in  this  State, 
and  partly  in  one  or  more  other  States,  and  heretofore 
owned  by  a  corporation  formed  by  consolidation  of 
railroad  corporations  of  this  and  other  States,  has  been 
sold  pursuant  to  the  decree  of  any  court  or  courts 
of  competent  jurisdiction,  and  the  same  has  been  pur- 
chased as  an  entirety,  and  is  now,  or  hereafter  may 
be,  held  in  the  name  or  as  the  property  of  two  or 
more  corporations  incorporated  respectively  under  the 
laws  of  two  or  more  of  the  States  in  which  said  railroad 
is  situated,  it  shall  be  lawful  for  the  corporation  so 
created  in  this  State  to  consolidate  its  property, 
franchises  and  capital  stock  with  the  property,  franchises 
and  capital  stock  of  the  corporation  or  corporations 
of  such  other  State  or  States  in  which  the  remainder 
of  such  railroad  is  situated  and  upon  such  terms  as  may 
be  agreed  upon  between  the  directors,  and  approved 
by  the  stockholders  owning  not  less  than  two-thirds 
in  amount  of  the  capital  stock  of  such  corporations. 
Such  approval  may  be  given  by  the  stockholders  of 
such  corporations  of  this  State  at  any  time,  in  writing 
or  by  vote,  at  any  annual  or  special  meeting,  upon 
60  days'  notice  given  by  publication  in  any  newspaper 
published  in  the  county  where  the  general  office  of  such 
company  is  situated,  and  such  meeting  is  to  be  held: 
Provided,  that  no  consolidation  shall  take  place  with 
any  railroad  owning  a  parallel  or  competing  line;  and  a 
majority  of  the  directors  of  such  consolidated  company 
shall  be  citizens  and  residents  of  this  State,  and  where 
the  line  of  the  road  of  the  original  company  has  been 
located  in  this  State  and  aid  in  the  construction  thereof 
voted  by  any  municipality  by  way  of  subscription  or 
donation  and  received  by  the  company  and  the  road  as 
so  located  not  yet  completed,  then  the  consolidated 
company  shall  have  no  power  or  right  to  change  such 
line  as  so  located  so  as  to  make  the  same  substantially 
different  from  the  line  so  located  at  the  time  the  aid 
was  voted. 

When  consolidation  to  take  effect.  40.  |  2.  Such  con- 
solidation shall  take  effect  upon  the  filing  and  recording 
of  such  articles  of  consolidation  in  the  office  of  the 
secretary  of  the  State  of  Illinois,  and  a  certified  copy 
thereof  in  the  office  of  the  rocorder  of  the  various 
counties  in  which  said  railroad  is  situated.  A  certified 
copy  of  such  articles  of  consolidation,  under  seal  of  the 
secretary  of  State,  shall  be  deemed  and  taken  to  be 
prima  facie  evidence  of  the  existence  of  such  consoli- 
dated corporation. 

List  of  stockholders — Rights  saved.  41.  §  3.  Such  con- 
solidated corporation  shall  at  all  times  keep  a  general 
office  within  this  State,  at  which  shall  be  kept  a  complete 
list  of  all  stockholders  of  such  corporation,  their  places 
of  residence,  the  amount  of  stock  owned  by  each, 
and  where  the  stock  of  such  corporations  may  be  regis- 
tered and  transferred:  Provided,  that  nothing  contained 
in  this  bill  shall  be  construed  to  impair  or  affect  the 
rights  of  any  party  holding  unsettled  claims  against  any 
of  the  corporations  to  be  consolidated. 

[Approved  and  in  force  June  17,  1893.  L.  1893,  p.  166.] 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 
Agreement  for  consolidation.  42.  §  1.  That  when  any 
railroad  company,  formed  by  the  consolidation  of  a 
company  or  companies  of  this  State  with  a  company  or 
companies  of  any  other  State  or  States,  shall  make  a 
further  consolidation  with  a  company  or  companies  of 
another  State  or  States,  owning  a  continuous  and  con- 
,nected,  but  not  competing  line,  the  constitutent  com- 
panies shall  have  power  to  fix  by  the  agreement  for 
such  consolidation  the  terms  and  conditions  upon  which 
the  same  shall  be  made,  which  terms  and  conditions 
may  include  the  payment  or  retirement  of  the  preferred 
stock  of  either  or  both  of  the  constituent  confpanies, 
if  they  have  such.  And  in  case  the  new  company  shall 
issue     preferred     stock,     the     par     value     of     the     shares 


442 


Xatioxal  Association'  of  Kailway  Commissioxeus 


m 


thereof  may  be  fixed  by  the  agi-eement  of  consolidation 
or  by  the  resolution  for  the  issue  thereof,  without  regard 
to  the  par  value  of  shares  of  the  common  stock  of  such 
company. 

Emergenvy.  43.  §  2.  Whereas,  an  emergency  exists 
for  the  immediate  talcing  effect  of  this  Act,  therefore 
the  same  shall  take  effect  and  be  in  force  from  and 
after  its   passage. 

OPEKATING  CO.NTRACTS. 

[Approved  February  12,  1855.  Pr.  L.  1855,  p.  304.1 
Operative  contracts — Property.  44.  §  1.  All  railroad 
companies  incorporated  or  organized  under,  or  which 
may  be  incorporated  or  organized  under  the  authority  of 
the  laws  of  this  State,  shall  have  power  to  make  such 
contracts  and  agreements  with  each  other,  and  with 
railroad  corporations  of  other  States,  for  leasing  or 
running  their  roads  or  any  part  thereof;  and  also  to 
contract  for  and  hold  in  fee  simple,  or  otherwise,  lands 
or  buildings  in  this  and  other  States  for  depot  pur- 
poses; and  also  to  purchase  and  hold  such  personal 
property  as  shall  be  necessary  and  convenient  for  carry- 
ing into  effect   the  object   of   this   Act. 

Connections.  45.  §  2.  All  railroad  companies  incor- 
porated or  organized,  or  which  may  be  incorporated  or 
organized  as  aforesaid,  shall  have  the  right  of  con- 
necting with  each  other,  and  with  the  railroads  of  other 
States,  on  such  terms  as  shall  be  mutually  agreed 
upon  by  the  companies  interested  in  such  connection. 
[Section  3  repealed.] 

UAII.KOADS    CKOSSING    UKIDGES. 

[Approved  and  in  force  February  25,  1867.  L.  1867,  p.  174.1 
Use  of  bridge.  46.  §  1.  Railroads  terminating,  or  to 
terminate  at  any  point  on  any  line  of  continuous  rail- 
road thoroughfare  where  there  now  is  or  shall  be  a 
railroad  bridge  for  crossing  of  passengers  and  freight 
in  cars  over  the  same  as  part  of  such  thoroughfare, 
shall  make  convenient  connections  of  such  railroads, 
by  rail,  with  the  rail  of  such  bridge;  and  such  bridge 
shall  permit  and  cause  such  connections  of  the  rail  of 
the  same  with  the  rail  of  such  railroads,  so  that  by 
reason  of  such  railroads  and  bridge,  there  shall  be  un- 
interrupted communication  over  such  railroads  and  bridge 
as  public  thoroughfares.  But  by  such  connection  no 
corporate  rights  shall  be  impaired. 

SALE   OF   RAILROAD   TO    LESSEE. 

[Approved  March  30,  1875;  in  force  July  1,  1875.  L.  1875, 
p.  96.1 
Rights  and  powers  of  purchasing  from  lessees.  47.  §  1. 
That  all  railroad  companies  incorporated  or  organized, 
or  which  may  be  incorporated  or  organized,  under  the 
laws  of  this  State,  or  of  this  and  any  adjoining  State 
(or  of  any  adjoining  State),  which  now  or  at  any  time 
hereafter  may  be  in  possession  of  or  operating  con- 
necting railroads  in  this  State  or  States  adjoining  this 
State,  under  lease  in  perpetuity  or  for  a  period  of  not 
less  than  20  years,  shall  have  power  to  purchase  or 
sell  the  remaining  interest,  property  and  franchise  of 
the  lessors  of  such  railroads  situated  in  this  or  in  such 
adjoining  States,  on  such  terms  and  conditions  as  may 
be  agreed  upon  by  the  parties  or  their  assigns  to  such 
lease:  Provided,  that  the  railroad  company  which 
purchases  any  railroad  in  this  State  shall  operate  such 
road  and  hold  such  property  and  franchises  subject  to 
all  the  rights,  privileges,  duties  and  obligations  pre- 
scribed by  the  general  railroad  laws  of  this  State  en- 
acted or  which  shall  hereafter  be  enacted  for  the  regu- 
lation, government,  taxation  or  control  of  the  railroads 
organized,  or  which  may  be  organized,  under  the  laws 
of  this  State:  And,  provided,  further,  that  this  Act  shall 
not  be  construed  so  as  to  permit  such  railroad  company 
to  purchase  any  parallel  or  competing  line  of  railroad. 
[As  amended  by  Act  approved  June  24,  1-895;  in  force 
,July  1,   1895.     L.  1895,  p.  293.] 

RAILROADS    MAY    OWN    WATER    CRAFT. 

[Approved  May  24,  1877;    in  force  July  1,  1877.     L.   1877, 

p.  167.1 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre 
sented  in  the  general  assembly: 
Poioer  to  own  and  use  water  craft.    49.     §  1.     That  all 
railroad   companies   incorporated    under   the    laws   of   this 


II 


State,  having  a  terminus  upon  any  navigable  river 
bordering  on  this  State,  shall  have  power  to  own  for 
their  own  use  any  water  craft  necessary  in  carrying 
across  such  river  any  cars,  property  or  passengers  trans- 
ported over  their  lines  or  transported  over  any  railroad 
terminating  on  the  opposite  side  of  such  river  to  be 
transported  over  the  lines:  Provided,  that  no  right 
shall  exist  under  this  Act  to  condemn  any  real  estate 
for  landing  for  such  water  craft,  or  for  any  other  pur- 
pose. And  this  Act  shall  only  apply  to  such  railroad 
companies  as  own  the  landing  for  such  water  craft: 
Provided,  also,  that  nothing  in  this  Act  shall  be  held  to 
impair  or  affect  any  right  or  privilege  granted  any 
ferry  company  incorporated  under  the  laws  of  this  State; 
and  that  all  the  powers  and  rights  herein  granted  said 
railroad  companies  shall  be  subject  to  whatever  rights 
and  privileges  may  have  heretofore  been  granted  to  any 
ferry  company  in  this  State,  and  that  nothing  In  this 
Act  shall  prevent  said  railroad  companies  from  being 
subject,  in  the  use  of  such  water  craft,  to  all  laws  of 
the  State  regulating  ferries,  now  in  force  or  hereafter 
to  be  in  force:  And,  provided,  further,  that  nothing  in 
this  Act  shall  be  held  or  construed  to  authorize  any 
railroad  or  railway  company,  doing  business  under  anj 
charter  granted  by  this  State,  to  consolidate  with  anj 
railroad  company  out  of  this  State,  so  as  to  form  ont 
continuous  line  of  railroad,  or  otherwise  to  alter,  modifj 
or  repeal  any  provision  of  any  such  charter  granted  by 
this  State;  or  to  impair  the  rights  of  this  State,  as 
now  reserved  to  it  in  any  such  charter. 

RAILROAD  STATIONS. 

[Approved  May  23,  1877;    in  force  July  1,  1877.     L.  1* 
p.  165.1 

Railroads  required  to  build  and  maintain  depots.  50.  f 
That  all  railroads  in  this  State  carrying  passengers  or 
freight  shall,  and  they  are  hereby  required  to,  build  and 
maintain  depots  for  the  comfort  of  passengers  and  for 
the  protection  of  shippers  of  freight,  where  such  rail- 
road companies  are  in  the  practice  of  receiving  and 
delivering  passengers  and  freight,  at  all  towns  and 
villages  having  a  population  of  200  or  more,  on  the  line 
of  their  roads,  or  roads,  leased  or  operated  by  them. 
[As  amended  by  Act  approved  June  21,  1895;  in  force 
July   1,   1895.     L.    1895,   p.   294.] 

Penalty.  51.  §  2.  Any  railroad  company  in  this  State 
failing  to  comply  with  the  provisions  of  the  preceding 
section  after  this  Act  shall  go  into  effect  and  within 
90  days  after  notice  in  writing  of  its  failure  to 
comply  with  the  provisions  of  said  section  shall  have 
been  served  upon  any  agent  of  said  railroad  by  the  au- 
thorized agent  of  any  town  or  village  aggrieved,  shall 
pay  for  each  and  every  day  it  shall  neglect,  the  sum 
of  $50,  to  be  recovered  in  an  action  of  debt  before 
any  justice  of  [the]  peace,  in  the  name  of  the  people 
of  the  State  of  Illinois,  in  any  town  or  village  aggrieved. 
Said  penalty  to  be  paid  to  said  town  or  village  for  the 
school   fund. 

CONTRACTS    FOR    SALE    OR    LEASE    OF    RAILROADS    OR    STREET    CAR 
EQUIPMENT   STOCK. 

[Approved  June  20,  1893;    in  force  July  1,  1893.     L.  1893, 

p.  ,166.1 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Contract  to  be  in  writing.  52.  §  1.  That  whenever  any 
railroad  or  street  car  equipment  or  rolling  stock  shall 
hereafter  be  sold,  leased  or  loaned  on  the  condition 
that  the  t'itle  to  the  same,  notwithstanding  the  possession 
and  use  of  the  same  by  the  vendee,  lessee  or  bailee, 
shall  remain  in  the  vendor,  lessor  or  bailor,  until  the 
terms  of  the  contract,  as  to  the  payment  of  the  In- 
stallments, amounts  or  rental  payable  or  the  performance 
of  other  obligations  thereunder  shall  have  been  fully 
complied  with,  but  also  providing  that  the  title  thereto 
shall  pass  to  the  vendee,  lessee  or  bailee  on  full  per- 
formance of  said  terms,  such  contract  shall  be  invalid 
as  to  any  subsequent  judgment  creditor  or  any  subse- 
quent purchaser  for  a  valuable  consideration  without 
notice,  unless — 

First — The  same  shall  be  evidenced  by  writing,  duly 
acknowledged  by  the  vendee,  lessee  or  bailee,  before 
some    person    authorized    by    law    to    take    acknowledg- 


Public  Service  Laws 


443 


merits  of  deeds  and  in  the  form  proper  for  acknowl- 
edgments of  deeds. 

Second — Such  writing  shall  be  recorded,  or  a  copy 
thereof  filed,  in  the  office  of  the  secretary  of  State, 
who  shall  be  entitled  to  receive  $1  for  each  such  copy 
filed    by   him. 

Third — Each  locomotive  or  car  so  sold,  leased  or 
loaned  shall  have  the  name  of  the  vendor,  lessor  or 
bailor  plainly  marked  upon  both  sides  thereof,  followed 
by  the  word  owner,  lessor,  vendor  or  bailor,  as  the 
case  may  be. 

Contract  not  to  invalidate  prior  contract.  53.  §  2.  This 
Act  shall  not  be  held  to  apply  to  or  to  Invalidate  any 
contract  heretofore  made  of  the  character  described  in 
§  1,  but  the  same  shall  be  and  remain  valid  if  re- 
corded according  to  the  provisions  of  this  Act  within 
90  days  from  the  time  this  Act  takes  effect. 

I'.epeal.  54.  §  3.  An  Act  entitled,  "An  Act  to  render 
valid  leases,  bailments  and  conditional  sales  of  railway 
rolling  stock,"  approved  May  30,  1881,  is  hereby  repealed. 

KEl.AriNO     TO     RESIDENCE    OF     DIRECTORS     ON     RAILROADS     UNDER 
SPECIAL   CHARTERS. 

[Approved  and  in  force  July  17,  1893.    L.  1893,  p.  107.] 
Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Defines  director's  residence.  55.  §  1.  In  all  cases 
where  any  railroad  company  organized  and  doing  busi- 
ness under  any  law  of  this  State  by  which  it  is  required 
that  a  majority  of  the  directors  of  such  company  shall 
reside  in  counties  along  the  line  of  the  road,  such  re- 
quirements shall  be  construed  to  require  such  majority 
of  such  directors  to  reside  in  some  or  all  of  the  counties 
along  the  line  of  the  road  in  this  State,  actually  operated 
by  such  company,  whether  such  line  be  owned  by  such 
company  or  leased  thereby,  and  shall  not  require  that 
any  of  the  directors  of  such  company  shall  reside  in 
counties  along  such  part  of  the  line  of  the  road  of  such 
company  as  may  have  been  sold  and  transfen-ed  to 
any   other   corporation. 

Emergency.  §  2.  Whereas,  an  emergency  exists,  there- 
fore this  law  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

CO-M-MON    LAW    LIARILITY    OF    CARRIERS. 

[Approved  March  27,  1874:  in  force  July  1,  1874.] 
Common  laio  liability  not  to  be  limited.  §  33.  That 
whenever  any  property  is  received  by  any  railroad  cor- 
poration to  be  transported  from  one  place  to  another, 
within  or  without  the  State,  it  shall  not  be  lawful  for 
such  corporation  to  limit  its  common  law  liability  safely 
to  deliver  such  property  at  the  place  to  which  the  same 
is  to  be  transported,  by  any  stipulation  or  limitation 
expressed  in  the  receipt  given  for  the  safe  delivery  of 
8uch   property. 

TMFORM    BILLS    OF    LADING. 

An  Act  in  regard  to  bills'  of  lading  and  to  create,  define  and 
punish  certain  criminal  offenses  in  relation  thereto. 
[Approved  June  5.   1911.     Omitted.] 

RECFIVING.    CARRYING    AND    DELIVERING    GRAIN. 

FApproved  April  25,  1871;    in  force  July  1,  1871.     L.  1871. 
p.  636.1 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Receive  and  carry  grain  without  distinction — Weighing 
in  receipt.  118.  §  1.  That  every  railroad  corporation, 
chartered  by  or  organized  under  the  laws  of  this  State 
or  doing  business  within  the  limits  of  the  same,  when 
desired  by  any  person  wishing  to  ship  any  grain  over 
Us  road,  shall  receive  and  transport  such  grain  in  bulk, 
within  a  reasonable  time,  and  load  the  same  either  upon 
its  tracks,  at  its  depot,  or  in  any  warehouse  adjoining 
its  track  or  side  track,  without  distinction,  discrimination 
or  favor  between  one  shi))per  and  another,  and  without 
distinction  or  discrimination  as  to  the  manner  in  which 
such  grain  is  offered  to  it  for  transportation,  or  as  to 
the  person,  warehouse  or  place  to  whom  or  to  which  it 
may  be  consigned. 

And  at  the  same  time  such  grain  is  received  by  It 
for  transportation,  such  corporation  shall  carefully  and 
correctly    weigh    the    same,    and    issue    to    the    shipper 


thereof  a  receipt  or  bill  of  lading  for  such  grain,  in 
which  shall  be  stated  the  true  and  correct  weight. 

Weighing  out — Shrinkage — Damages — Evidence — Short- 
age. §  1  (continued).  And  said  corporation  shall  weigh 
out  and  deliver  to  such  shipper,  his  consignee  or  other 
person  entitled  to  receive  the  same,  at  the  place  of  de- 
livery, the  full  amount  of  such  grain,  without  any  deduc- 
tion for  leakage,  shrinkage  or  other  loss  in  the  quantity 
of   the   same. 

In  default  of  such  delivery  the  corporation  so  failing 
to  deliver  the  full  amount  of  such  grain  shall  pay  to 
the  person  entitled  thereto  the  full  market  value  of  any 
such  grain  not  delivered  at  the  time  and  place  when 
and  where  the  same  should  have  been  delivered. 

If  any  such  corporation  shall,  upon  the  receipt  by 
it  of  any  grain  for  transportation,  neglect  or  refuse  to 
weigh  and  receipt  for  the  same,  as  aforesaid,  the  sworn 
statement  of  the  shipper,  or  his  agent,  having  personal 
knowledge  of  the  amount  of  grain  so  shipped,  shall  be 
taken  as  true,  as  to  the  amount  so  shipped;  and  in 
[815*]  case  of  the  neglect  or  refusal  of  any  such  cor- 
poration, upon  the  delivery  by  them  of  any  grain,  to 
weigh  the  same  as  aforesaid,  the  sworn  statement  of 
the  person  to  whom  the  same  was  delivered,  or  his 
agent,  having  personal  knowledge  of  the  weight  thereof^ 
shall  be  taken  as  true,  as  to  the  amount  delivered.  And 
if,  by  such  statements,  it  shall  appear  that  such  cor- 
poration has  failed  to  deliver  the  amount  so  shown 
to  be  shipped,  such  corporation  shall  be  liable  for  the 
shortage,  and  shall  pay  to  the  person  entitled  thereto 
the  full  market  value  of  such  shortage,  at  the  time  and 
place  when  and  where  the  same  should  have  been  delivered. 
[See  §70.] 

Scales — Weighing — Penalties.  US.  §  2.  At  all  stations 
or  places  from  which  the  shipments  of  grain  by  the 
road  of  such  corporation  shall  have  amounted  during 
the  previous  year  to  50,000  bushels  or  more,  such  cor- 
poration shall,  when  required  so  to  do  by  the  persons  who 
are  the  shippers  of  the  major  part  of  said  50.000  bushels 
of  grain,  erect  and  keep  in  good  condition  for  use,  and 
use  in  weighing  grain  to  be  shipped  over  its  road,  true' 
and  correct  scales  of  proper  structure  and  capacity 
for  the  weighing  of  grain  by  carload  in  their  cars 
after  the  same  shall  have  been  loaded.  Such  corpora- 
tion shall  carefully  and  correctly  weigh  each  car  upon. 
which  grain  shall  be  shipped  from  such  place  or  station, 
both  before  and  after  the  same  is  loaded,  and  ascertain 
and  receipt  for  the  true  amount  of  grain  so  shipped.  If  any 
such  corporation  shall  neglect  or  refuse  to  erect  and  keep 
in  use  such  scales  when  required  to  do  so  as  aforesaid,, 
or  shall  neglect  or  refuse  to  weigh  in  the  manner  afore- 
said any  grain  shipped  in  bulk  from  any  station  or 
place,  the  sworn  statement  of  the  shipper,  or  hU 
agent,  having  personal  knowledge  of  the  amount  of  grain 
shipped,  shall  be  taken  as  true  as  to  the  amount  so 
shipped.  In  case  any  railroad  corporation  shall  neglect 
or  refuse  to  comply  with  any  of  the  requirements  of 
§  §  1,  2  and  5  of  this  Act,  it  shall,  in  addition  to  the  pen- 
alties therein  provided,  forfeit  and  pay  for  every  such 
offense  and  for  each  and  every  day  such  refusal  or 
neglect  is  continued,  the  sum  of  $100,  to  be  recovered  In 
an  action  of  debt  before  any  justice  of  the  peace,  in  the 
name  of  the  people  of  the  State  of  Illinois,  such  penalty 
or  forfeiture  to  be  paid  to  the  county  in  which  the 
suit  is  brought,  and  shall  also  be  required  to  pay  all 
costs  of  prosecution,  including  such  reasonable  attorney's 
fees  as  may  be  assessed  by  the  justice  before  whom  the 
case  may  be  tried.  [As  amended  by  Act  approved  May 
18,  1877;   in  force  July  1,  1877.     L.  1877,  p.  168.] 

Delivery — Penalty.  120.  §  3.  Every  railroad  corpora- 
tion which  shall  receive  any  grain  in  bulk  for  transpor- 
tation to  any  place  within  the  State  shall  transport  and 
deliver  the  same  to  any  consignee,  elevator,  warehouse, 
or  place  to  whom  or  to  which  it  may  be  consigned  or  di- 
rected: Provided,  such  person,  warehouse  or  place 
can  be  reached  by  any  track  owned,  leased  or  used, 
or  which  can  be  used  by  such  corporation;  and  every 
such  corporation  shall  permit  connections  to  be  made 
and  maintained  with  its  track  to  and  from  any  and  all 
public  warehouses,  where  grain  Is  or  may  be  stored. 
Any  such  corporation  neglecting  or  refusing  to  comply 
with  the  requirements  of  this  section  shall  be  liable  to  ali 


444 


National  Associaiion  of  Railway  Commissioners 


persons  injured  thereby  for  all  damages  which  they  may 
sustain  on  that  account,  whether  such  damages  result 
from  any  depreciation  in  the  value  of  such  property 
by  such  neglect  or  refusal  to  deliver  such  grain  as 
directed,  or  in  loss  to  the  proprietor  or  manager 
of  any  public  warehouse  to  which  it  is  directed  to.  be 
delivered,  and  costs  of  suit,  including  such  reasonable 
attorney's  fees  as  shall  be  taxed  by  the  court.  And  in 
case  of  any  second  or  later  refusal  of  such  railroad 
corporation  to  comply  with  the  requirements  of  this  sec- 
tion, such  corporation  shall  be  by  the  court,  in  the  action 
on  which  such  failure  or  refusal  shall  be  found,  ad- 
judged to  pay,  for  the  use  of  the  people  of  this  State, 
a  sum  of  not  less  than  |1,000  nor  more  than  $5,000, 
for  each  and  every  such  failure  or  refusal,  and  this 
may  be  a  part  of  the  judgment  of  the  court  in  any  second 
or  later  proceedings  against  such  corporation.  In  case 
any  railroad  corporation  shall  be  found  guilty  of  having 
violated,  failed,  or  omitted  to  observe  and  comply  with 
th€  requirements  of  this  section  or  any  part  thereof, 
three  or  more  times,  it  shall  be  lawful  for  any  person 
Interested  to  apply  to  a  court  of  chancery,  and  obtain 
the  appointment  of  a  receiver  to  take  charge  of  and  man- 
age such  railroad  corporation  until  all  damages,  penalties, 
costs  and  expenses  adjudged  against  such  corporation 
for  any  and  every  violation  shall,  together  with  interest, 
be   fully   satisfied. 

Right  to  change  consignment.  121.  §  4.  All  consignments 
of  grain  to  any  elevator  or  public  warehouse  shall  be 
held  to  be  temporary,  and  subject  to  change  by  the  con- 
signee or  consignor  at  any  time  previous  to  the  actual 
unloading  of  such  property  from  the  cars  in  which  it 
is  transported.  Notice  of  any  change  in  consignment 
may  be  served  by  the  consignee  on  any  agent  of  the  rail- 
road corporation  having  the  property  in  possession  who 
may  be  in  charge  of  the  business  of  such  corporation  at 
the  point  where  such  property  is  to  be  delivered;  and 
if,  after  such  notice,  and  while  the  same  remains  un- 
canceled, such  property  is  delivered  in  any  way  different 
from  such  altered  or  changed  consignment,  such  railroad 
corporation  shall,  at  the  election  of  the  consignee  or 
person  entitled  to  control  such  property,  be  deemed 
to  have  Illegally  appropriated  such  property  to  its 
own  use,  and  shall  be  liable  to  pay  the  owner  or  con- 
signee of  such  property  double  the  value  of  the  prop- 
erty so  appropriated;  and  no  extra  charge  shall  be 
permitted  by  the  corporation  having  the  custody  of  such 
property,  in  consequence  of  such  change  of  consignment. 

Receiving  on  track — Rights  of  owners — Saved.  122. 
§  5.  Any  consignee  or  person  entitled  to  receive  the 
delivery  of  grain  transported  in  bulk  by  any  railroad 
shall  have  24  hours,  free  of  expense,  after  actual  notice 
of  arrival  by  the  corporation  to  the  consignee,  in 
which  to  remove  the  same  from  the  cars  of  such  rail- 
road corporation,  if  he  shall  desire  to  receive  it  from 
the  care  on  the  track;  which  24  hours  shall  be  held  to 
embrace  such  time  as  the  car  containing  such  prop- 
erty is  placed  and  kept  by  such  corporation  in  a  conven- 
ient and  proper  place  for  unloading.  And  it  shall  not 
be  held  to  have  been  placed  in  a  proper  place  for  un- 
loading, unless  it  can  be  reached  by  the  consignee, 
or  persons  entitled  to  receive  it,  with  teams  or  other 
suitable  means  for  removing  the  property  from  the  car, 
and  reasonably  convenient  to  the  depot  of  such  railroad 
corporation  at  which  it  is  accustomed  to  receive  and 
unload  merchandise  consigned  to  that  station  or  place. 
Nothing  herein  contained,  however,  shall  be  held  to 
authorize  the  changing  of  any  consignment  of  grain, 
except  as  to  the  place  at  which  it  is  to  be  delivered  or  un- 
loaded, nor  shall  such  change  of  consignmentf  in  any 
degree,  affect  the  ownership  or  control  of  property  in 
any  other  way. 

Receipts  and  delivery  at  crossings.  123.  §  6.  Every 
railroad  corporation  organized  or  doing  business  under 
the  laws  of  this  State,  or  authority  therefor,  shall  re- 
ceive and  deliver  all  grain  consigned  to  its  care  for 
transportation  at  the  crossing  and  junctions  of  all  other 
railroads,  canals  and  navigable  rivers.  Any  violation  of 
this  section  shall  render  any  such  railroad  corporation 
subject  to  the  same  penalty  as  contained  in  §  3  of  this 
Act. 

§  7,  repeal  omitted. 


STATE   WEIGHMA8TER8. 

[Approved  June  23,  1883;   in  force  July  1,  1883.     L.  1883 

p.  172.] 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre 
sented  in  the  general  assembly: 

Weighmaster — Appointment  of.  186.  §  1.  That  there 
shall  be  appointed  by  the  railroad  and  warehouse  com 
missioners  in  all  cities  where  there  is  State  Inspectior 
of  grain,  a  State  weighmaster  and  such  assistants  as  shall 
be  necessary. 

Duties  of.  187.  §  2.  Said  State  weighmaster  and  as 
sistants  shall,  at  the  places  aforesaid,  supervise  and  have 
exclusive  control  of  the  weighing  of  grain  and  othei 
property  which  may  be  subject  to  inspection,  and  the 
inspection  of  scales  and  the  action  and  certificate  ol 
such  weighmaster  and  assistants  in  the  discharge  of  theii 
aforesaid  duties  shall  be  conclusive  upon  all  parties  ir 
ties  in  interest. 

Fix  fees.  188.  §  3.  The  board  of  railroad  and  ware 
house  commissioners  shall  fix  the  fees  to  be  paid  foi 
the  weighing  of  grain  and  other  property,  which  f'Sef 
shall  be  paid  equally  by  all  parties  interested  in  :h< 
purchase  and  sale  of  the  property  weighed  or  scales 
inspected    or   tested. 

Weighmaster — Qualifications-^Bond — Compensation.  1 89 
§  4.  Said  State  weighmaster  and  assistants  shall  nol 
be  a  member  of  any  board  of  trade  or  association  ol 
like  character;  they  shall  give  bonds  in  the  sum  ol 
$5,000,  conditioned  for  the  faithful  discharge  of  theii 
duties,  and  shall  receive  such  compensation  as  the 
board  of  railroad  and  warehouse  commissioners  shal 
determine. 

May  adopt  rules.  190.  §  5.  The  railroad  and  ware 
house  commissioners  shall  adopt  such  rules  and  regula 
tions  for  the  weighing  of  grain  and  other  property  as 
they    shall    deem    proper. 

Neglect  of  duty.  191.  §6.  In  case  any  person,  wa^e 
houseman  or  railroad  corporation,  or  any  of  their  agei  ti 
or  employes,  shall  refuse  or  prevent  the  aforesaid  St.  t( 
weigh-master,  or  either  of  his  assistants,  from  havi  ij 
access  to  their  scales,  in  the  regular  performance  o 
their  duties  In  supervising  the  weighing  of  any  grs  ii 
or  other  property  in  accordance  with  the  tenor  a  le 
meaning  of  this  Act,  they  shall  forfeit  the  sum  of  $1  )( 
for  each  offense,  to  be  recovered  in  an  action  of  de  it 
before  any  justice  of  the  peace,  in  the  name  of  the  pi  o 
pie  of  the  State  of  Illinois,  such  penalty  or  forfeitu  re 
to  be  paid  to  the  county  in  which  the  suit  is  broug  it 
and  shall  also  be  required  to  pay  all  costs  of  prosecutle  n 

WEIGHING  GRAIN  IN  BULK   BY  RAILKOAD  COMPANY. 

[Approved  June  15,  1887;    in  force  July  1,  1887.     L.  18!  7 
p.  253.] 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  rep  e 
sented  in  the  general  assembly: 

Road  receiving  for  transportation  shall  furnish  suital  h 
appliances  for  weighing,  etc.  192.  §  1.  That  in  all  coi  n 
ties  of  the  third  class,  and  in  all  cities  having  not  less 
than  50,000  inhabitants,  where  bulk  grain,  mill-stuffs  oi 
seeds  are  delivered  by  any  railroad  transporting  the  sai  i< 
from  initial  points  to  another  road  for  transportation  t( 
other  points,  such  road  or  roads  receiving  the  same  ioi 
transportation  to  said  points  or  other  connections  le<  d 
ing  thereto,  shall  provide  suitable  appliances  for  x  n 
loading,  weighing  and  transferring  such  property  frc  n 
one  car  to  another  without  mixing  or  in  any  way  chai  g 
ing  the  identity  of  the  property  so  transferred;  and  su,-l 
property  shall  be  accurately  weighed  in  suitably  cover  3C 
l!opper  scales,  which  will  determine  the  actual  re 
v/eight  of  the  entire  contents  of  any  carload  of  gra  n 
mill-stuffs  or  seeds  at  a  single  draft,  without  gross  oi 
tare,  and  which  weights  shall  always  be  given  in  the  ;'e 
ceipts  or  bills  of  lading  and  used  as  the  basis  of  aij 
freight  contracts  affecting  such  shipments  between  sucl 
railroad  companies  and  the  owners,  agents  or  shipptri 
of  such  grain,  mill-stuffs  or  seeds  so  transported  aat 
transferred.  ^ 

Where  original  cars  run  through  without  transfer.  193 
§  2.  The  practice  of  loading  grain,  mill-stuffs  or  seedi 
into  foreign  or  connecting  line  cars  at  the  Initial  poini 
from   which  the   grain,   mill-stufts  or  seeds  are  originallj 


Public  Service  Laws 


445 


shipped,  or  the  running  of  the  original  car  through 
without  transfer,  shall  not  relieve  the  railroad  making 
the  contract  to  transport  the  same  to  its  destination  or 
connection  leading  thereto,  from  weighing  and  transfer- 
ring such  property  in  the  manner  aforesaid,  unless 
the  shipper,  owner  or  agent  of  such  grain,  mill-stuffs 
or  seeds   shall  otherwise  order  or   direct. 

Liability  of  railroad  company  for  neglect  or  failure — 
Proceedings.     194.     §  3.    Any  railroad  company  neglecting 

-  or  refusing  to  comply  promptly  with  any  and  all  of  the 
requirements  of  either  §§  1  or  2  of  this  Act  shall  be 
liable  in  damages  to  the  party  interested,  to  be  recovered 
by  the  party  damaged  in  an  action  of  assumpsit,  and 
such  party  may  proceed  by  mandamus  against  any  rail- 
road company  so  refusing  or  neglecting  to  comply  with 
the  requirements  of  this  Act;  and  if  the  shipper,  owner 
or  agent  of  any  such  grain,  mill-stuffs  or  seeds  shall 
fail    or   neglect    to    proceed    by    mandamus,   it   shall   then 

I  be  the  duty  of  the  railroad  and  warehouse  commission- 
ers of  this  State,  upon  complaint  of  the  party  or  parties 
interested,    to    proceed    against    the    railroad    failing    or 

,  refusing  to  comply  with  the  provisions  of  this  Act; 
and  all  the  powers  heretofore  conferred  by  law  upon  the 
board  of  railroad  and  warehouse  commissioners  of  this 
State  shall  be  applicable  in  the  conduct  of  any  legal 
proceeding  commenced  by  such  commissioners  under 
this   Act. 

Penalty.  195.  §  4.  Any  railroad  company  so  refusing 
or  neglecting  as  aforesaid  shall  be  liable  to  a  penalty  of 
not  less  than  $100  nor  more  than  $500  for  each  neglect 
or  refusal  as  aforesaid,  to  be  recovered  in  an  action  of 
assumpsit  in  the  name  of  the  people  of  the  State  of 
Illinois,  for  the  use  of  the  county  in  which  such  act  or 
acts  of  neglect  or  refusal  shall  occur,  and  it  shall  be 
the  duty  of  the  railroad  and  warehouse  commissioners 
to  cause  prosecutions  for  such-  penalties  to  be  insti- 
tuted and  prosecuted. 

WAREHOUSES. 

[Approved  April  29,  1871;  in  force  July  1,  1871.    L.  1871-72. 

p.  763.] 
Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  general  assembly: 

Classification.  134.  §  1.  That  public  warehouses  as  de- 
fined in  article  13  of  the  constitution  of  this  State  shall 
be  divided  into  three  classes,  to  be  designated  as  classes 
A,  B  and  C,  respectively. 

Classes  defined.  135.  §  2.  Public  warehouses  of  class 
A  shall  embrace  all  warehouses,  elevators  and  granaries 
in  which  grain  is  stored  in  bulk  and  in  which  the  grain 
of  different  owners  is  mixed  together,  or  in  which  grain 
is  stored  in  such  a  manner  that  the  identity  of  different 
lots  or  parcels  cannot  be  accurately  preserved,  such 
warehouses,  elevators  or  granaries  being  located  in  cities 
having  not  less  than  100,000  inhabitants.  Public  ware- 
houses of  class  B  shall  embrace  all  other  warehouses, 
elevators  or  granaries  in  which  grain  is  stored  in  bulk, 
and  in  which  the  grain  of  different  owners"  is  mixed 
together.  Public  warehouses  of  class  C  shall  embrace 
all  other  warehouses  or  places  where  property  of  any 
kind   is  stored  for  a  consideration. 

License  of  Class  A — Revocation — Review  by  Circuit 
Court.  136.  §  3.  The  proprietor,  lessee  or  manager  of  any 
public  warehouse  of  class  A  shall  be  required,  before 
transacting  any  business  in  such  warehouse,  to  procure 
from  the  board  of  commissioners  of  railroads  and  ware- 
houses a  license,  permitting  such  proprietor,  lessee  or 
manager  to  transact  business  as  a  public  warehouseman 
under  the  laws  of  this  State,  which  license  shall  be 
Issued  by  said  commissioners  upon  a  written  applica- 
tion therefor,  which  shall  set  forth  the  location  and 
name  of  such  warehouse  and  the  individual  name  of 
each  person  interested  as  owner  or  principal  in  the 
management  of  the  same;  or,  if  the  warehouse  be  owned 
or  managed  by  a  corporation,  the  names  of  the  presi- 
dent, secretary  and  treasurer  of  such  corporation  shall 
be  stated;  and  the  said  license  shall  give  authority  to 
carry  on  and  conduct  the  business  of  a  public  ware- 
house of  class  A  in  accordance  with  the  laws  of  this 
State,  and  shall  be  revocable  by  the  said  commissioners, 
after  full  hearing,  upon  satisfactory  proof  of  any  viola- 
tion of  law  bq  such  licensee,  such  proof  to  be  taken  in 
such    manner    as    may    be    directed    by    and    under    rules 


to  be  established  by  said  commissioners,  but  the  action 
of  said  commissioners  in  granting  or  refusing  licenses 
and  in  revoking  licenses  may  be  reviewed  by  the  Cir- 
cuit Court  of  the  county  where  such  elevator  or-  ware- 
house is  located.  [As  amended  by  Act  approved  May 
24,   1907;    in   force  July  1,  1907.] 

Bond — Amount  fixed  by  commissioners.  137.  §  4.  The 
person  receiving  a  license  as  herein  provided  shall  file 
with  the  board  of  commissioners  of  railroads  and  ware- 
houses a  bond  to  the  people  of  the  State  of  Illinois  with 
good  and  sufficient  surety,  to  be  approved  by  said  com- 
missioners, in  a  penal  sum  to  be  fixed  by  said  commis"- 
sioners  and  which  shall  be  not  less  than  $10,000, 
conditioned  for  the  faithful  performance  of  his  duty  as 
a  public  warehouseman  of  class  A  and  his  full  and 
unreserved  compliance  with  all  the  laws  of  this  State 
in  relation  thereto.  [As  amended  by  Act  approved 
May   24,   1907;    in  force   July   1,   1907.] 

Penalty.  138.  §  5.  Any  person  who  shall  transact  the 
business  of  a  public  warehouse  of  class  A  without  first 
procuring  a  license,  as  herein  provided,  or  who  shall 
continue  to  transact  any  such  business  after  such  license 
has  been  revoked  (save  only  that  he  may  be  permitted 
to  deliver  property  previously  stored  in  such  warehouse) 
shall,  on  conviction,  be  fined  in  a  sum  not  less  than 
$100  for  each  and  every  day  such  business  is  so  carried 
on.  [As  amended  by  Act  approved  May  24,  1907;  in 
force  July  1,   1907.] 

Discrimination  prohibited — Storage  and  moving  of  grain 
— Receipts — Inspection — Penalty.  139.  §  6.  It  shall  be  the 
duty  of  every  warehouseman  of  class  A  to  receive  for 
storage  any  grain  that  may  be  tendered  to  him  in  the 
usual  manner  in  which  warehouses  are  accustomed  to 
receive  the  same  in  the  ordinary  and  usual  course  of 
business,  not  making  any  discrimination  between  per- 
sons desiring  to  avail  themselves  of  warehouse  facilities 
— such  grain  in  all  cases  to  be  Inspected  and  graded 
by  a  duly  authorized  inspector,  and  to  be  stored  with 
grain  of  a  similar  grade  received  at  the  same  time,  as 
near  as  may  be.  In  no  case  shall  grain  of  different 
grades  be  mixed  together  while  in  store;  but,  if  the 
owner  or  consignee  so  requests  and  the  warehouseman 
consents  thereto,  his  grain  of  the  same  grade  may  be 
kept  in  a  bin  by  itself  apart  from  that  of  other  owners, 
which  bin  shall  thereupon  be  marked  and  known  as  a 
"separate  bin."  If  a  warehouse  receipt  be  issued  for 
grain  so  kept  separate,  it  shall  state  on  its  face  that 
it  is  in  a  separate  bin,  and  shall  state  the  number  of 
such  bin;  and  no  grain  shall  be  delivered  from  such 
warehouse  unless  it  be  inspected  on  the  delivery  thereof 
by  a  duly  authorized  inspector  of  grain.  Nothing  in 
this  section  shall  be  so  construed  as  to  require  the  re- 
ceipt of  grain  into  any  warehouse  in  which  there  Is  not 
sufficient  room  to  accommodate  or  store  it  properly,  or 
in  cases  where  such  warehouse  is  necessarily  closed. 

No  grain  shall  be  received  into  any  private  elevator 
or  warehouse  located  in  cities  having  a  population  of 
not  less  than  100,000  inhabitants  until  it  shall  have  been 
inspected  by  a  duly  authorized  inspector,  and  no  grain 
shall  be  delivered  from  any  such  private  elevator  or 
warehouse  in  cars  or  boats  for  shipment  until  it  shall 
have  been  inspected  out  by  a  duly  authorized  inspector. 
Any  proprietor,  lessee  or  manager  of  any  warehouse  or 
elevator,  who  shall  refuse  or  neglect  to  cause  grain  to 
be  inspected,  as  in  this  section  provided,  shall,  upon  con- 
viction, be  fined  in  a  sum  not  less  than  $100  for  each 
and  every  offense.  [As  amended  by  Act  approved  May 
24,  1907;   in  force  July  1,  1907.] 

Manner  of  issuing  receipts.  140.  §  7.  Upon  application 
of  the  owner  or  consignee  of  grain  stored  in  a  public 
warehouse  of  class  A,  the  same  being  accompanied  with 
evidence  that  all  transportation  or  other  charges  which 
may  be  a  lien  upon  such  grain,  including  charges  of 
inspection,  have  been  paid,  the  warehouseman  shall 
issue  to  the  person  entitled  thereto  a  warehouse  re- 
ceipt therefor,  subject  to  the  order  of  the  owner  or 
consignee,  which  receipt  shall  bear  date  corresponding 
with  the  receipt  of  grain  into  store,  and  shall  state 
upon  its  face  the  quantity  and  inspected  grade  of  the 
grain,  and  that  the  grain  mentioned  in  It  has  been 
received  into  store,  to  be  stored  with  grain  of  the  same 
grade  by  inspection,  received  at  about  the  date  of  the 
receipt,    and   that    it   is   deliverable   upon    the    return   of 


44r. 


Xatioxai,  Assoc i at iox  of  Iiailway  Com mi.ssioneus 


the  receipt,  properly  indorsed  lay  the  person  to  whose 
order  it  was  issued,  and  the  payment  of  proper  charges 
for  storage.  All  warehouse  receipts  for  grain,  issued 
from  the  same  warehouse,  shall  be  consecutively  num- 
bered; and  no  two  receipts,  bearing  the  same  number, 
shall  be  issued  from  the  same  warehouse  during  any 
one  year,  except  In  the  case  of  a  lost  or  destroyed  re- 
ceipt, in  which  case  the  new  receipt  shall  bear  the 
same  date  and  number  as  the  original,  and  shall  be 
plainly  marked  on  its  face  "duplicate."  If  the  grain 
was  received  from  railroad  cars,  the  number  of  each 
car  shall  be  stated  upon  the  receipt,  with  the  amount 
It  contained;  if  from  canal  boat  or  other  vessel,  the  name 
of  such  craft;  if  from  teams  or  by  other  means,  the 
manner   of   Its    receipt    shall    be    stated    on    its   face. 

Canceling  receipts.  141.  §  8.  Upon  the  delivery  of  grain 
from  store,  upon  any  receipt,  such  receipt  shall  be 
plainly  marked  across  its  face  with  the  word  "cancelled," 
with  the  name  of  the  person  cancelling  the  same,  and 
shall  thereafter  be  void,  and  shall  not  again  be  put  in 
circulation,  nor  shall  grain  be  delivered  twice  upon  the 
same    receipt. 

Further  of  issuing  and  cancelling  receipts.  142.  §  9. 
No  warehouse  receipt  shall  be  issued,  except  upon  the 
actual  delivery  of  grain  into  store  in  the  warehouse 
from  which  it  purports  to  be  issued,  and  which  is  to 
be  represented  by  the  receipt;  nor  snail  any  receipt 
be  issued  for  a  greater  quantity  of  grain  than  was  con- 
tained in  the  lot  or  parcel  stated  to  have  been  re- 
ceived; nor  shall  more  than  one  receipt  be  issued  for 
the  same  lot  of  grain,  except  in  cases  where  receipts 
for  a  part  of  a  lot  are  desired,  and  then  the  aggregate 
receipts  for  a  particular  lot  shall  cover  that  lot  and  no 
more.  In  cases  where  a  part  of  the  grain  represented 
by  the  receipt  is  delivered  out  of  store  and  the  remainder 
is  left,  a  new  receipt  may  be  issued  for  such  remainder; 
but  such  new  receipt  shall  bear  the  same  date  as  the 
original,  and  shall  state  on  its  face  that  it  is  balance  of 
receipt  of  the  original  number;  and  a  receipt  upon  which 
a  part  has  been  [*822]  delivered  shall  be  cancelled  in 
the  same  manner  as  It  it  had  all  been  delivered.  In 
case  it  be  desirable  to  divide  one  receipt  into  two  or 
more,  or  in  case  it  be  desirable  to  consolidate  two  or 
more  receipts  into  one,  and  the  warehouseman  consents 
thereto,  the  original  receipt  shall  be  cancelled  the  same 
as  if  the  grain  had  been  delivered  from  store  and  the 
new  receipts  shall  express  on  their  face  that  they  are 
parts  of  other  receipts;  or  a  consolidation  of  other 
receipts,  as  the  case  may  be;  and  the  numbers  of  the 
original  receipts  shall  also  appear  upon  the  new  ones 
issued,  as  explanatory  of  the  change,  but  no  consolida- 
tion of  receipts  of  dates  differing  more  than  10  days 
shall  be  permitted,  and  all  new  receipts  issued  for  old 
ones  cancelled,  as  herein  provided,  shall  bear  the  same 
date  as  those  originally  issued,  as  near  as  may  be. 

Not  to  limit  liahility.  143.  §  10.  No  warehouseman  In 
this  State  shall  Insert  in  any  receipt  issued  by  him, 
any  language  in  anywise  limiting  or  modifying  his  lia- 
bility or  responsibility,  as  imposed  by  the  laws  of  this 
State. 

Delivery  of  property.  144.  §  11.  On  the  return  of  any 
warehouse  receipt  issued  by  him,  properly  indorsed, 
and  the  tender  of  all  proper  charges  upon  the  property 
represented  by  it,  such  property  shall  be  immediately 
delivered  to  the  holder  of  such  receipt,  and  it  shall  not 
be  subject  to  any  further  charges  for  storage,  after 
demand  for  such  delivery  shall  have  been  made.  Un- 
less the  property  represented  by  such  receipt  shall  be 
delivered  within  two  business  hours  after  such  demand 
shall  have  been  made,  the  warehouseman  in  default  shall 
be  liable  to  the  owner  of  such  receipt  for  damages  for 
such  default  In  the  sum  of  one  cent  per  bushel,  and  In 
addition  thereto,  one  cent  per  bushel  for  each  and 
every  day  of  such  neglect  or  refusal  to  deliver:  Pro- 
vided, no  warehouseman  shall  be  held  to  be  in  default 
In  delivering  if  the  property  is  delivered  in  the  order 
demanded  and  as  rapidly  as  due  diligence,'  care  and 
prudence   will  justify.     [See   §  135.] 

Posting  grain  in  store — Statement  to  registrar — Daily 
publication — Cancelled  receipts.  145.  §  12.  The  ware- 
houseman of  every  public  warehouse  of  class  A  shall, 
on   or   before   Tuesday    morning   of   each    week,   cause   to 


be  made  out,  and  shall  keep  posted  up  in  the  business 
office  of  his  warehouse,  in  a  conspicuous  place,  a  state- 
ment of  the  amount  of  each  kind  and  grade  of  grain 
in  store  in  his  warehouse  at  the  close  of  business  on 
the  previous  Saturday;  and  shall,  also,  on  each  Tuesday 
morning,  render  a  similar  statement,  made  under  oath 
before  some  officer  authorized  by  law  to  administer 
oaths,  by  one  of  the  principal  owners  or  operators 
thereof,  or  by  the  bookkeeper  thereof,  having  personal 
knowledge  of  the  facts,  to  the  warehouse  registrar, 
appointed  as  hereinafter  provided.  They  shall  also  be 
required  to  furnish  daily  to  same  registrar,  a  correct 
statement  of  the  amount  of  each  kind  and  grade  of 
grain  received  in  store  in  such  warehouse  on  the  previous 
day;  also  the  amount  of  each  kind  and  grade  of  grain 
delivered  or  shipped  by  such  warehouseman  during 
the  previous  day,  and  what  warehouse  receipts  have  been 
cancelled,  upon  which  the  grain  has  been  delivered  on 
such  day,  giving  the  number  of  each  receipt,  and 
amount,  kind  and  grade  of  grain  received  and  shipped 
upon  each;  also,  how  much  grain,  if  any,  was  so  de- 
livered or  shipped,  and  the  kind  and  grade  of  it,  for 
which  warehouse  receipts  had  not  been  issued  and 
when  and  how  such  unreceipted  grain  was  received  b;' 
them;  the  aggregate  of  such  reported  cancellations  and 
delivery  of  unreceipted  grain,  corresponding  in  amount, 
kind  and  grade  with  the  amount  so  reported  deliverec 
or  shipped.  They  shall  also,  at  the  same  time,  repon 
what  receipts,  if  any,  have  been  cancelled  and  new  ones 
issued  in  their  stead,  as  herein  provided  for.  And  th« 
warehouseman  making'  such  statements  shall,  in  addi- 
tion, furnish  the  said  registrar  any  further  information 
regarding  receipts  issued  or  cancelled,  that  may  be 
necessary  to  enable  him  to  keep  a  full  and  correct  record 
of  all  receipts  issued  and  cancelled,  and  of  grain  re- 
ceived and  dellyered. 

Appointment  of  chief  inspector.  146.  §  14.  1.  It  shall 
be  the  duty  of  the  governor  to  appoint,  by  and  with  the 
advice  and  consent  of  the  senate,  a  suitable  person  who 
shall  not  be  a  member  of  the  board  of  trade,  and  who 
shall  not  be  interested,  either  directly  or  indirectly,  in 
any  warehouse  In  this  State,  a  chief  inspector  of  grain 
for  the  entire  State  of  Illinois,  who  shall  hold  his  office 
for  a  term  of  two  years,  unless  sooner  removed,  as 
hereinafter  provided;  the  office  of  said  chief  Inspector 
of  grain  shall  be  in  the  city  Qf  Chicago. 

Duty  of  chief  inspector.  2.  It  shall  be  the  duty  of  such 
chief  inspector  of  grain  to  have  a  general  supervision 
of  the  inspection  of  grain,  as  required  by  this  Act  or 
laws  of  this  State,  under  the  advice  and  immediate 
direction  of  the  board  of  commissioners  of  railroads  and 
warehouses;  also  to  have  general  supervision  over  all 
deputy  inspectors  now  appointed  or  hereafter  to  be 
appointed. 

Deputy  inspectors.  3.  The  said  chief  Inspector  shall 
have  the  authority  to  appoint,  upon  the  approval  of  the 
board  of  commissioners,  of  railroads  and  warehouses,  such 
suitable  persons  in  sufficient  numbers  .to  act  as  deputy 
inspectors,  who  shall  not  be  members  of  the  board  of 
trade,  nor  interested  in  any  warehouse,  and  also  such 
other  employes  as  may  be  necessary  to  properly  conduct 
the  business  of  his  office;  but  no  deputy  inspector  shall 
be  appointed  for  or  assigned  to  duty  In  any  city  or 
county  In  which  Is  located  one  or  more  elevators  of 
class  B,  except  upon  a  request  for  such  action  by  the 
county  commissioners  or  board  of  supervisors  of  the 
county  In  which  such  warehouse  or  warehouses  are  lo- 
cated, such  request  to  be  made  to  the  railroad  and  ware- 
house commissioners;  and  in  cities  or  counties  wherein 
a  deputy  inspector  may  be  appointed  or  assigned  to 
duty,  no  person  other  than  such  deputy  inspector  shall 
inspect  or  grade  any  grain  without  being  liable  to  the 
penalties   provided   in  §  20   of  this  Act. 

When  inspector  to  take  oath  and  give  bond.  4.  The 
chief  inspector  of  grain  shall,  upon  entering  upon  the 
duties  of  his  office,  be  required  to  take  an  oath,  as  in 
cases  of  other  officers,  and  he  shall  execute  a  bond  to 
the  people  of  the  State  of  Illinois,  in  the  penal  sura  of 
$50,000,  with  sureties  to  be  approved  by  the  board  of 
commissioners  of  railroads  and  warehouses,  with  a  con- 
dition therein  that  he  will  faithfully  discharge  the  duties 
of   his   said    office    of   chief    inspector   of    grain    according 


Public  Service  Laws 


447 


to  law  and  the  rules  and  regulations  prescribing  his 
duties;  and  that  he  will  pay  all  lawful  damages  to  any 
person  or  persons  who  may  be  injured  by  reason  of  his 
neglect,  refusal  or  failure  to  legally  comply  with  'the 
law    and   the   rules   and   regulations   aforesaid. 

Deputy  inspector— Oath— Bond.  5.  And  each  deputy 
inspector  shall  take  a  like  oath  and  execute  a  bond  in 
the  penal  sum  of  $5,000,  when  appointed,  with  like  con- 
ditions, and  to  be  approved  in  like  manner,  as  is  pro- 
vided in  case  of  the  chief  inspector  of  grain,  which 
said  bonds  shall  be  filed  in  the  office  of  said  commis- 
sioners; and  suit  may  be  brought  upon  said  bond  or 
bonds  in  any  court  having  jurisdiction  thereof,  in  the 
county  where  the  plaintiff  or  defendant  resides,  for  the 
use  of  the   person  or  persons   injured. 

Rules  for  government  of  inspectors.  6.  The  chief  In- 
spector of  grain,  and  all  deputy  inspectors  of  grain  and 
other  employes  in  connection  therewith,  shall  be  gov- 
erned in  their  respective  duties  by  such  rules  and  regu- 
lations as  may  be  prescribed  by  the  board  of  commis- 
sioners of  railroads  and  warehouses;  and  the  said  board 
of  commissioners  shall  have  full  power  to  make  all 
proper  rules  and  regulations  tor  the  inspection  of  grain, 
and  shall  also  have  power  to  fix  the  rate  of  charges 
for  the  inspection  of  grain  and  the  planner  in  which  tlie 
same  shall  be  collected,  which  charges  shall  be  regulated 
in  such  manner  as  will,  in  the  judgment  of  the  commis- 
sioners, produce  sufficient  revenue  to  meet  the  necessary 
expenses  of  the  service  of  inspection,  but  the  revenues 
received  from  such  inspection  in  any  county  or  city 
shall  in  no  event  be  used  to  pay  deficit  in  any  other 
county  or   city. 

Compensation.  7.  It  shall  be  the  duty  of  the  board  of 
commissioners  to  fix  the  amount  of  compensation  to  be 
J)aid  to  the  chief  inspector,  deputy  inspectors  and  all 
other  persons  employed  in  the  inspection  service,  and 
prescribe  the  time  and   manner  of  their  payment. 

Appointment  of  warehouse  registrar.  8.  The  board  of 
commissioners  of  railroad  and  warehouses  are  hereby 
authorized  to  appoint  ai  suitable  person  as  warehouse 
registrar  and  such  assistants  as  may  be  deemed  neces- 
sary to  perform  the  duties  imposed  upon  such  registrar 
by    the   provisions  of  this   Act. 

Board  of  commissioners  to  exercise  general  supervision. 
S.  The  said  board  of  commissioners  shall  have  and 
exercise  a  general  supervision  and  control  of  such  ap- 
pointees, shall  prescribe  their  respective  duties,  shall  fix 
the  amount  of  their  compensation  and  the  time  and 
manner    of    its    payment. 

Penalty  for  violating  Act.  10.  Upon  the  complaint  in 
writing  of  any  person  to  the  said  board  of  commissioners, 
supported  by  reasonable  and  satisfactory  proof,  that  any 
person  appointed  or  employed  under  the  provisions  of 
this  section  has  violated  any  of  the  rules  prescribed 
for  his  government,  has  been  guilty  of  any  improper 
official  act  or  has  been  found  insufficient  or  incompetent 
for  the  duties  of  his  position,  such  person  shall  be 
immediately  removed  from  his  office  or  employment  by 
the  same  authority  that  appointed  him,  and  his  place 
shall  be  filled,  if  necessary,  by  a  new  appointment;  or. 
In  case  it  shall  be  deemed  necessary  to  reduce  the  num- 
ber of  persons  so  appointed  or  employed,  their  term 
of  service  shall  cease  under  the  orders  of  the  same 
authority   by    which   they   were   appointed  or   employed. 

Necessary  expense  of  inspection  of  grain.  11.  All  neces- 
sary expenses  incident  to  the  inspection  of  grain  and  to 
the  office  of  registrar,  economically  administered,  in- 
cluding the  rent  of  suitable  offices,  shall  be  deemed 
expenses  of  the  inspection  service  and  shall  be  included 
in  the  estimate  of  expenses  of  such  inspection  service 
and  shall  be  paid  from  the  funds  collected  for  the  same. 
(1)  [As  amended  by  Act  approved  May  24,  1907;  in 
force   July   1,   1907. 

Rates  of  storage.  147.  §  15.  Every  warehouseman  of 
public  warehouses  of  class  "A"  shall  be  required  during 
the  first  week  of  .lanuary  of  each  year  to  publish  in 
one  or  more  of  the  newspapers  (daily,  if  there  be  such,) 
published  in  the  city  in  which  such  warehouse  is  situ- 
ated, a  table  or  schedule  of  rates  for  the  storage  of 
grain  in  his  warehouse  during  the  ensuing  year,  which 
rates   shall   not   be   increased    (except  as   provided   for  in 


§  16  of  this  Act)  during  the  year;  and  such  published 
rates,  or  any  published  reduction  of  them,  shall  apply 
to  all  grain  received  into  such  warehouse  from  any  per- 
son or  source,  and  no  discrimination  shall  be  made 
directly  or  indirectly,  for  or  against  any  charges  made 
by  such  warehouseman  for  the  storage  of  grain.  The 
maximum  charge  for  the  storage  and  handling  of  grain,  in- 
cluding the  cost  of  receiving  and  delivering,  shall  be,  for 
the  first  10  days  or  part  thereof,  1%  cents  per  bushel,  and 
for  each  10  days  or  part  thereof  after  the  first  10  days, 
one-half  of  one  cent  per  bushel.  Provided,  however, 
that  grain  damp  or  liable  to  early  damage,  as  indicated 
by  its  inspection  when  received,  may  be  subject  to  two 
cents  per  bushel  storage,  for  the  first  10  days  and 
for  each  additional  5  days,  or  part  thereof,  not  ex- 
ceeding one-halt  of  one  cent  per  bushel:  Provided, 
further,  That  where  grain  has  been  received  in  any 
such  warehouse  prior  to  the  first  day  of  March,  1877, 
under  any  express  or  implied  contract  to  pay  and  re- 
ceive rates  of  storage  different  from  those  prescribed 
by  law,  or  where  it  has  been  received  under  any  cus- 
tom or  usage  prior  to  said  day  to  pay  or  receive  rates 
of  storage  different  from  the  rates  fixed  by  law,  it  shall 
be  lawful  for  any  owner  or  manager  of  such  warehouse 
to  receive  and  collect  such  agreed  or  customary  rates. 
[As  amended  by  Act  approved  May  21,  1877;  in  force 
July   1,   1877.     L.   1877,   p.   169.] 

Loss  by  fire — Heating — Order  of  delivery — Grain  out  of 
condition.  148.  §  16.  No  public  warehouseman  shall  be 
held  responsible  for  any  loss  or  damage  to  property  by 
fire  while  in  his  custody,  provided  reasonable  care  and 
vigilance  be  exercised  to  protect  and  preserve  the  same, 
nor  shall  be  held  liable  for  damage  to  grain  by  heating, 
if  it  can  be  shown  that  he  has  exercised  proper  care 
in  handling  and  storing  the  same,  and  that  such  lieat- 
ing  or  damage  was  the  result  of  causes  beyond  his  con- 
trol; and  in  order  that  no  injustice  may  result  to  the 
holder  of  grain  In  any  public  warehouses  of"  class  A 
or  B,  it  shall  be  deemed  the  duty  of  such  warehouseman 
to  dispose  of,  by  delivery  or  shipping,  in  the  ordinary 
and  legal  manner  of  so  delivering,  that  grain  of  any 
particular  grade  which  was  first  received  by  them, 
or  which  has  been  the  longest  time  in  store  in  his  ware- 
house; and,  unless  public  notice  has  been  given  that  some 
portion  of  the  grain  in  his  warehouse  is  out  of  con- 
dition, or  becoming  so,,  such  warehouseman  shall  deliver 
grain  of  quality  equal  to  that  received  by  him,  on  all 
receipts  as  presented.  In  case,  however,  any  warehouse- 
man of  class  A  or  B  shall  discover  that  any  portion 
of  the  grain  in  his  warehouse  is  out  of  condition,  or  be- 
coming so,  and  it  is  not  in  his  power  to  preserve 
the  same,  he  shall  immediately  give  public  notice,  by  ad- 
vertisement in  a  daily  newspaper  in  the  city  in  which 
such  warehouse  is  situated  and  by  posting  a  notice 
in  the  most  public  place  (for  such  a  purpose)  in  such 
city,  of  its  actual  condition,  as  near  as  ho  can  ascertain- 
it;  shall  state  in  such  notice  the  kind  and  grade  of  the' 
grain,  and  the  bins  in  which  it  is  stored;  and  shall 
also  state  in  such  notice  the  receipts  outstanding  upon 
which  such  grain  will  be  delivered,  giving  the  numbers, 
amounts  and  dates  of  .each — which  receipts  shall  be 
those  of  the  oldest  dates  then  in  circulation  or  uncan- 
celled, the  grain  represented  by  which  has  not  [*825] 
previously  been  declared  or  receipted  for  as  out  of 
condition,  or  if  the  grain  longest  in  store  has  not  been 
receipted  for,  he  shall  so  state,  and  shall  give  the  name 
of  the  party  for  whom  such  grain  was  stored,  the  date 
it  was  received,  and  the  amount  of  it;  and  the  enumera- 
tion of  receipts  and  identification  of  grain  so  dis- 
credited shall  embrace  as  near  as  may  be,  as  great  a 
quantity  of  grain  as  is  contained  in  such  bins;  and  such 
grain  shall  be  delivered  upon  the  return  and  cancella- 
tion of  the  receipts,  and  the  unreceipted  grain  upon 
the  request  of  the  owner  or  person  in  charge  tliereof. 
Nothing  herein  contained  shall  be  held  to  relieve  the  said 
warehouseman  from  exercising  proper  care  and  vigilance 
in  preserving  such  grain  after  such  publication  of  its 
condition;  but  such  grain  shall  be  kept  separate  and 
apart  from  all  direct  contact  with  other  grain,  and  shall 
not  be  mixed  with  other  grain  while  in  store  in  such 
warehouses.  Any  warehouseman  guilty  of  any  act  or 
neglect  the  effect  of  which  is  to  depreciate  property 
stored    in    the    warehouse    under    his    control,    shall    be 


NATIONAL  Association  of  Hailwat  Commissioners 


I 


held  responsible  as  at  common  law,  or  upon  the  bond 
of  such  warehouseman,  and  in  addition  thereto,  the 
license  ot  such  warehouseman,  if  his  warehouse  be  of 
class  A,  shall  be  revoked.  Nothing  in  this  section  shall 
be  so  construed  as  to  permit  any  warehouseman  to  de- 
liver any  grain  stored  in  a  special  bin,  or  by  itself, 
as  provided  in  this  Act,  to  any  but  the  owner  of  the 
lot,  whether  the  same  be  represented  by  a  warehouse 
receipt  or  otherwise.  In  case  the  grain  declared  out 
of  condition  as  herein  provided  for  shall  [not]  be  re- 
moved from  store  by  the  owner  thereof  within  two 
months  from  the  date  of  notice  of  its  being  out  of 
condition,  it  shall  be  lawful  for  the  warehouseman 
where  the  grain  is  stored  to  sell  the  same  at  public  auc- 
tion, for  account  of  said  owner,  by  giving  10  days' 
public  notice,  by  advertisement  in  a  newspaper  (daily, 
if  there  be  such,)  published  in  the  city  or  town  where 
such  warehouse  is  located. 

Tampering  with  grain  stored — Private  hins — Drying — 
Cleaning—Moving.  149.  §  17.  It  shall  not  be  lawful'for 
any  public  warehouseman  to  mix  any  grain  of  different 
grades  together,  or  to  select  different  qualities  of  the 
same  grade  for  the  purpose  of  storing  or  delivering  the 
same,  nor  shall  he  attempt  to  deliver  grain  of  one 
grade  for  another,  or  in  any  way  tamper  with  grain 
while  in  his  possession  or  custody,  with  a  view  to  se-  , 
curing  any  profit  to  himself  or  any  other  person;  and  in 
no  case,  even  of  grain  stored  in  a  separate  bin,  shall 
he  be  permitted  to  mix  grain  of  different  grades  to- 
gether while  in  store.  He  may,  however,  on  request  of 
the  owner  of  any  grain  stored  in  a  private  bin,  be 
permitted  to  dry,  clean  or  otherwise  improve  the  con- 
dition or  value  of  any  such  lot  of  grain;  but  in  such 
case  it  shall  only  be  delivered  as  such  separate  lot,  oi> 
the  grade  it  was  originally  when  it  was  received  by 
him,  without  reference  to  the  grade  it  may  be  as  im- 
proved by  such  process  of  drying  and  cleaning.  Nothing 
In  this  section,  however,  shall  prevent  any  warehouse- 
man from  moving  grain  while  within  his  warehouse 
for  its  preservation  or  safe  keeping.     [See  §  125.] 

Examination  of  grain  and  scales — Incorrect  scales.  150. 
§  18.  All  persons  owning  property,  or  who  may  be 
interested  in  the  same,  in  any  public  warehouse,  and 
all  duly  authorized  inspectors  of  such  property  shall,  at 
all  times  during  ordinary  business  hours,  be  at  full 
liberty  to  examine  any  and  all  property  stored  in  any 
public  warehouse  in  this  State,  and  all  proper  facilities 
shall  be  extended  to  such  persons  by  the  warehouseman, 
his  agents  and  servants,  for  an  examination;  and  all 
parts  of  public  v/arehouses  shall  be  free  for  the  inspec- 
tion and  examination  of  any  person  interested  in  prop- 
erty stored  therein,  or  of  any  authorized  inspector  of 
such  property.  And  all  scales  used  for  the  weighing  of 
property  in  public  warehouses  shall  be  subject  to  ex- 
amination and  test  by  any  duly  authorized  inspector 
or  sealer  of  weights  and  measures,  at  any  time  when  re- 
quired by  any  person  or  persons,  agent  or  agents, 
whose  property  has  been  or  is  to  be  weighed  on  such 
scales — the  expenses  of  such  test  by  an  inspector  or 
sealer  to  he  paid  by  the  warehouse  proprietor  if  the 
scales  are  found  incorrect,  but  not  otherwise.  Any 
warehouseman,  who  may  be  guilty  of  continuing  to  use 
scales  found  to  be  in  an  imperfect  or  incorrect  condition  by 
such  examination  and  test,  until  the  same  shall  have  been 
pronounced  correct  and  properly  sealed,  shall  be  liable  to 
be  proceeded  against  as  hereinafter  provided. 

Orain  must  be  inspected.  151.  §  19.  In  all  places 
where  there  are  legally  appointed  inspectors  of  grain, 
no  proprietor  or  manager  of  a  public  warehouse  of  class 
B  shall  be  permitted  to  receive  any  grain  and  mix  the 
same  with  the  grain  of  other  owners,  in  the  storage 
thereof,  until  the  same  shall  have  been  inspected  and 
graded  by  such  inspector. 

Assuming  to  art  as  an  inspector — Misconduct  of  an 
inspector — Influencing.  152.  §  20.  Any  person  who  shall 
assume  to  act  as  an  inspector  of  grain,  who  has  not  first 
been  so  appointed  and  sworn,  shall  be  held  to  be  an  impos- 
tor, and  shall  be  punished  by  a  fine  of  not  less  than  $50 
nor  more  than  $100  for  each  and  every  attempt  to  so 
inspect  grain,  to  be  recovered  before  a  justice  of  the 
peace. 

Any  duly  authorized  inspector  of  grain,  who  shall  be 


guilty  of  neglect  of  duty,  or  who  shall  knowingly  oi 
carelessly  inspect  or  grade  any  grain  improperly,  or  whc 
shall  accept  any  money  or  other  consideration,  directlj 
or  Nidirectly,  for  any  neglect  of  duty  or  the  impropei 
performance  of  any  duty  as  such  inspector  of  grain; 
and  any  person,  who  shall  improperly  influence  anj 
inspector  of  grain  in  the  performance  of  his  duties  as 
such  inspector,  shall  be  deemed  guilty  of  a  misdemeanor 
and,  on  conviction,  shall  be  fined  in  a  sum  not  less  thar 
$100  nor  more  than  $1,000,  in  the  discretion  of  the  court 
or  shall  be  imprisoned  in  the  county  jail  not  less  thai 
three  nor  more  than  12  months,  or  both,  in  the  discre 
tion  of  the  court. 

Owner,  etc.,  dissatisfied  with  inspection — His  rights 
153.  §  21.  In  case  any  owner  or  consignee  of  grain  shall  bi 
dissatisfied  with  the  inspection  of  any  lot  of  grain,  oi 
shall,  from  any  cause,  desire  to  receive  his  properti 
without  its  passing  into  store,  he  shall  be  at  liberty  t( 
have  the  same  withheld  from  going  into  any  publii 
warehouse  (whether  the  property  may  have  previously 
been  consigned  to  such  warehouse  or  not),  by  givinj 
notice  to  the  person  or  corporation  in  whose  possess  ioi 
it  may  be  at  the  time  of  giving  such  notice,  and  suet 
grain  shall  be  withheld  from  going  into  store,  and  hi 
delivered  to  him  subject  only  to  such  proper  charge! 
as  may  be  a  lien  Upon  it  prior  to  such  notice.  lh< 
grain,  if  in  railroad  cars,  to  be  removed  therefrom  b; 
such  owner  or  consignee  within  24  hours  after  sucl 
notice  has  been  given  to  the  railroad  company  ha  via! 
it  in  possession:  Provided,  such  railroad  company  pleci 
the  same  in  a  proper  and  convenient  place  for  unloi  d 
ing;  and  any  person  or  corporation  refusing  to  allnv 
such  owner  or  consignee  to  so  receive  his  grain  sh  il 
be  deemed  guilty  of  conversion,  and  shall  be  liable  t( 
pay  such  owner  or  consignee  double  the  value  of  t  n 
property  so  converted.  Notice  that  such  grain  is  not  ti 
be  delivered  into  store  may  also  be  given  to  the  p:  i 
prietor  or  manager  of  any  warehouse  into  which  it  woul 
otherwise  have  been  delivered,  and  if,  after  such  notii  e 
it  be  taken  into  store  in  such  warehouse,  the  propriet ) 
or  m.anager  of  such  warehouse  shall  be  liable  to  tii 
owner  of  such  grain  for  double  its  market  value. 

Combination.  154.  §  22.  It  shall  be  unlawful  for  an; 
proprietor,  lessee  or  manager  of  any  public  warehou  ' 
to  enter  into  any  contract,  agreement,  understanding  < 
combination,  with  any  railroad  company  or  other  cc  t 
poration,  or  with  any  individual  or  individuals,  1  : 
which  the  property  of  any  person  is  to  be  delivered  i 
any  public  warehouse  for  storage  or  for  any  oth 
purpose,  contrary  to  the  direction  of  the  owner,  h 
agent  or  consignee.  Any  violation  of  this  section  shf  1 
subject  the  offender  to  be  proceeded  against,  as  pr : 
vided   in  §  23   of   this  Act. 

Suits.  135.  §  23.  If  any  warehouseman  of  class  i 
shall  be  guilty  of  a  violation  ot  any  of  the  provisioi 
of  this  Act,  it  shall  be  lawful  for  any  person  injure  i 
by  such  violation  to  bring  suit  in  any  court  of  coi  i 
petent  jurisdiction,  upon  the  bond  of  such  warehous 
man,  in  the  name  of  the  people  of  the  State  of  lllinoi  ■ 
to  the  use  of  such  person.  In  all  criminal  prosecutici 
against  a  warehouseman  for  the  violation  r*827]  ot  au; 
of  the  provisions  of  this  Act,  it  shall  be  the  duty  c 
the  prosecuting  attorney  of  the  county  in  which  sue  1 
prosecution  is  brought  to  prosecute  the  same  to  a  fin; 
issue,  in  the  name  of  and  on  behalf  of  the  people  c 
the  State  of  Illinois. 

Warehouse  receipts  assignable.  156.  §  24.  Warehous 
receipts  for  property  stored  in  any  class  of  publi 
warehouses,  as  herein  described,  shall  be  transferabl 
by  the  indorsement  ot  the  party  to  whose  order  sucl 
receipt  may  be  issued,  and  such  indorsement  shai 
be  deemed  a  valid  transfer  of  the  property  representei 
by  such  receipt,  and  may  be  made  either  in  blank  c 
to  the  order  of  another.  All  warehouse  receipts  fc 
property  stored  in  public  warehouses  of  class  C  shai 
distinctly  state  on  their  face  the  brand  of  distinguishini 
marks  upon  such  property. 

False  receipts — Fraudulent  removal.  157.  §  25.  An 
warehouseman  of  any  public  warehouse,  who  shall  bi 
guilty  of  issuing  any  warehouse  receipt  for  any  propert: 
not  actually  in  store  at  the  time  ot  issuing  such  re 
ceipt,   or  who    shall   be   guilty  of   issuing  any   warehouse 


Public  Service  Laws 


449 


receipt  In  any  respect  fraudulent  in  its  character,  either 
as  to  its  date  or  the  quantity,  quality  or  inspected  grade 
of  such  property,  or  who  shall  remove  any  property 
from  store  (except  to  preserve  it  from  fire  or  other 
sudden  danger),  without  the  return  and  cancellation  of 
any  and  all  outstanding  receipts  that  may  have  been 
Issued  to  represent  such  property,  shall,  when  convicted 
thereof,  be  deemed  guilty  of  a  crime,  and  shall  suffer, 
In  addition  to  any  other  penalties  prescribed  by  this 
Act,  Imprisonment  in  the  penitentiary  for  not  less  than 
one,  and  not  more  than  10  years.  [Restricted  as  to 
receipts  issued  before  October  8,  1871.  L.  1871-2,  p.  774. 
See  "Criminal   Code,"   chapter  38,   §§124,   125.] 

Common  law  remedies  saved.  158.  §  26.  Nothing  In 
this  Act  shall  deprive  any  person  of  any  common  law 
remedy  now  existing. 

Act  to  be  posted.  159.  §  27.  All  proprietors  or  man- 
agers of  public  warehouses  shall  keep  posted  up  at  all 
times,  in  a  conspicuous  place  in  their  business  office, 
and  in  each  of  their  warehouses  a  printed  copy  of 
this  Act. 

Repeal.  160.  §  28.  All  Acts  or  parts  of  Acts  incon- 
sistent with  this  Act  are  hereby  repealed. 

TAXATION    OF    RAILROADS. 

An  Act  for  the  assessment  of  property  and  for  the  levy  and 
collection  of  taxes.  [Approved  March  30,  1872;  in 
force   July    1,    1872. 

Schedule  May  1.  R.  S.  1891,  Chap.  120,  §  40.  Every 
person,  company  or  corporation  owning,  operating  or 
constructing  a  railroad  in  this  State,  shall  return  sworn 
lists  or  schedules  of  the  taxable  property  of  such  rail- 
road, as  hereinafter  provided.  Such  property  shall  be 
listed  and  assessed  with  reference  to  the  amount,  kind 
and  value,  on  the  first  day  of  May  of  the  year  in  which 
it  is  listed. 

Time  of  filing  schedule — Form  of  same.  §  41.  They 
shall,  in  the  month  of  May  in  the  year  1873,  and  at  the 
same  time  in  each  year  thereafter  when  required, 
make  out  and  file  with  the  county  clerks  of  the  respect- 
ive counties  in  which  the  railroad  may  be  located, 
a  statement  or  schedule  showing  the  property  held  for 
right  of  way,  and  the  length  of  the  main  and  all  side 
and  second  tracks  and  turnouts  In  such  county,  and  in 
each  city,  town  or  village  in  the  county,  through  or 
Into  which  the  road  may  run,  and  describing  each 
tract  of  land,  other  than  a  city,  town  or  village  lot, 
through  which  the  road  may  run,  in  accordance  with 
the  United  States  surveys,  giving  the  width  and  length 
of  the  strip  of  land  held  in  each  tract,  and  the  num- 
ber of  acres  thereof.  They  shall  also  state  the  value 
of  improvements  and  stations  located  on  the  right  of 
way.  New  companies  shall  make  such  statements  in 
May  next  after  the  location  of  their  roads.  When  such 
statement  shall  have  been  once  made,  it  shall  not  be 
necessary  to  report  the  description  as  hereinbefore  re- 
quired, unless  directed  so  to  do  by  the  county  board, 
but  the  company  shall,  during  the  month  of  May,  an- 
nually, report  the  value  of  such  property,  by  the  descrip- 
tion set  forth  in  the  next  section  of  this  Act,  and  note 
all  additions  or  changes  in  such  right  of  way  as  shall 
have  occurred. 

"Railroad  track" — Description  of.  %  42.  Such  right  of 
way  including  the  superstructures  of  main,  side  or  second 
track  or  turnouts,  and  the  stations  and  improvements  of 
the  railroad  company  on  such  right  of  way,  shall  be 
held  to  be  real  estate,  for  the  purpose  of  taxation,  and 
denominated  "railroad  track,"  and  shall  be  so  listed 
and  valued;  and  shall  be  described  in  the  assessment 
thereof  as  a  strip  of  land  extending  on  each  side  of  such 
railroad  track,  and  embracing  the  same,  together  with 
all  the  stations  and  improvements  thereon,  commencing 
at  a  point  where  such  railroad  track  crosses  the  boun- 
dary line  in  entering  the  county,  city,  town  or  village, 
and  extending  to  the  point  where  such  track  crosses  the 
boundary  line  leaving  such  county,  city,  town  or  village, 
or  to  the  point  of  termination  in  the  same,  as  the  case 
may  be,  containing  .  .  .  acres,  more  or  less  (in- 
serting name  of  county,  township,  city,  town  or  vil- 
lage boundary  line  of  same,  and  number  of  acres,  and 
length  of  feet),  and  when  advertised  or  sold  for  taxes, 
no  other  description  shall  be  necessary. 


How  "railroad  track"  listed  and  assessed.  §  43.  The 
value  of  the  "railroad  track"  shall  be  listed,  and  taxed 
in  the  several  counties,  towns,  villages,  districts  and 
cities,  in  the  proportion  that  the  length  of  the  main 
track  in  such  county,  town,  village,  district  or  city  bears 
to  the  whole  length  of  the  road  in  this  State,  except 
the  value  of  the  side  or  second  track,  and  all  turnouts, 
and  all  station  houses,  depots,  machine  shops,  or  other 
buildings  belonging  to  the  road,  which  shall  be  taxed 
in  the  county,  town,  village  district  or  city  in  which 
the  same  are  located. 

"Rolling  stock" — Schedule.  §  44.  The  movable  property 
belonging  to  a  railroad  company  shall  be  held  to  be 
personal  property,  and  denominated,  for  the  purpose 
of  taxation,  "rolling  stock."  Every  person,  company  or 
corporation  owning,  constructing  or  operating  a  railroad 
In  the  State  shall,  in  the  month  of  May,  annually,  return 
a  list  or  schedule,  which  shall  contain  a  correct,  detailed 
Inventory  of  all  the  rolling  stock  belonging  to  such 
company,  and  which  shall  distinctly  set  forth  the  number 
of  locomotives  of  all  classes;  passenger  cars  of  all 
classes,  sleeping  and  dining  cars,  express  cars,  baggage 
cars,  horse  cars,  cattle  cars,  coal  cars,  platform  cars, 
wrecking  cars,  pay  cars,  hand  cars  and  all  other  kinds 
of  cars. 

How  "rolling  stock"  listed  and  taxed.  §  45.  The  rolling 
stock  shall  be  listed  and  taxed  in  the  several  counties, 
towns,  villages,  districts  and  cities  in  the  proportion 
that  the  length  of  the  main  track  used  or  operated 
in  such  county,  town,  village,  district  or  city  bears  to 
the  whole  length  of  the  road  used  or  operated  by  such 
person,  company  or  corporation,  whether  owned  or 
leased  by  him  or  them  in  whole  or  In  part.  Said  list  or 
schedule  shall  set  forth  the  number  of  miles  of  main 
track  on  which  said  rolling  stock  is  used  in  the  State 
of  Illinois,  and  the  number  of  miles  of  main  track  on 
which   said   rolling  stock  is  used  elsewhere. 

Personality  and  real  estate  other  than  "rolling  stock" 
and  "railroad  track"~Where  listed.  §  46.  The  tools  and 
materials  for  repairs,  and  all  other  personal  property 
of  any  railroad  except  "rolling  stock,"  shall  be  listed 
and  assessed  in  the  county,  town,  village,  district  or 
city  or  wherever  the  same  may  be  on  the  first  day  of 
May.  All  real  estate,  including  the  stations  and  other 
buildmgs  and  structures  thereon,  other  than  denominated 
"railroad  track,"  belonging  to  any  railroad,  shall  be  listed 
as  lands  or  lots,  as  the  case  may  be,  in  the  county 
town,  village,  district  or  city  where  the  same  are 
located. 

Hoto^  such  other  property  to  he  assessed.  §  47.  The 
county  clerk  shall  return  to  the  assessor  of  the  town 
or  district,  as  the  case  may  require,  a  copy  of  the 
schedule  or  list  of  the  real  estate  (other  than  "railroad 
track")  and  of  the  personal  property  (except  "rolling 
stock")  pertaining  to  the  railroad,  and  such  real  and  per- 
sonal property  shall  be  assessed  by  the  assessor.  Such 
property  shall  be  treated  in  all  respects  in  regard  to 
assessment  and  equalization,  the  same  as  other  similar 
property  belonging  to  individuals,  except  that  it  shall 
be  treated  as  property  belonging  to  railroads,  under 
the   terms   "lands,"   "lots"   and    "personal    property." 

Railroad  returns  to  auditor.  §  48.  At  the  same  time 
that  the  lists  or  schedules  are  hereinbefore  required  to 
be  returned  to  the  county  clerks,  the  person,  company 
or  corporation  running,  operating  or  constructing  any 
railroad  in  this  State,  shall  return  to  the  auditor  of 
public  accounts  sworn  statements  or  schedules  as  fol- 
lows: 

First— Of  the  property  denominated  "railroad  track," 
giving  the  length  of  the  main  and  side  and  second 
tracks  and  turnouts,  and  showing  the  proportions  in  each 
county,  and  the  total  in  the  State. 

Second— The  "rolling  stock,"  giving  the  length  of  the 
main  track  in  each  county,  the  total  in  the  State,  and 
the  entire   length  of  the  road. 

Third — Showing  the  number  of  ties  in  track  per  mile, 
the  weight  of  iron  and  steel  per  yard  used  in  main  and 
side  tracks,  what  joints  or  chairs  are  used  in  track, 
the  ballasting  of  road,  whether  dirt  or  gravel;  the  num- 
ber and  quality  of  buildings  or  other  structures  on 
"railroad   track,"   the    length   of   time   iron   in   track   haa 


450 


National  Association  of  Railway  Commissioners 


been    used,    and    the    length    of   time    the   road   has   been 
built. 

Fourth — A  statement  or  schedule  showing: 

1.  The  amount  of  capital  stock  authorized,  and  the 
number  of  shares  into  which  such  capital  stock  is 
divided. 

2.  The    amount   of    capital    stock    paid    up. 

3.  The  market  value,  or,  if  no  market  value,  then 
the  actual  value  of  the  shares  of  stock. 

4.  The  total  amount  of  all  indebtedness,  except  for 
current  expenses  for  operating  the  road. 

5.  The  total  listed  valuation  of  all  its  tangible 
property  in  this  State. 

Such  schedules  shall  be  made  in  conformity  to  such 
instruction  and  forms  as  may  be  prescribed  by  the 
auditor   of   public  accounts. 

Neglect  to  return.  §  49.  If  any  person,  company  or  cor- 
poration owning,  operating  or  constructing  any  railroad 
shall  neglect  to  return  to  the  county  clerks  the  state- 
ments or  schedules  required  to  be  returned  to  them, 
the  property  so  to  be  returned  and  assessed  by  the  as- 
sessor  shall   be  listed   and   assessed   as  other  property. 

In  case  of  failure  to  make  returns  to  the  auditor,  as 
hereinbefore  provided,  the  auditor,  with  the  assistance  of 
the  county  clerks  and  assessors,  when  he  shall  require 
such  assistance,  shall  ascertain  the  necessary  facts  and 
lay  the  same  before  the  State  board  of  equalization.  In 
case  of  failure  to  make  said  statements,  either  to  the 
county  clerk  or  auditor,  such  corporation,  company  or 
person  shall  forfeit,  as  a  penalty,  not  less  than  $1,000 
nor  more  than  $10,000  for  each  offense,  to  be  recovered 
in  any  proper  form  of  action,  in  the  name  of  the  people 
of  the  State  of  Illinois,  and  paid  into  the  State  treasury. 

Schedules — Board  to  assess  railroad  property.  §  50.  The 
auditor  shall,  annually,  on  the  meeting  of  the  State  board 
of  equalization,  lay  before  said  board  the  statements 
and  schedules  herein  required  to  be  returned  to  him: 
and  said  board  shall  assess  such  property  in  the  manner 
hereinafter   provided. 

Railroad  tax  hooTc — Extending  and  collecting  tax.  §  51 
The  county  clerk  shall  procure,  at  the  expense  of  the 
county,  a  record  book,  properly  ruled  and  headed,  in 
which  to  enter  the  railroad  property  of  all  kinds  as 
listed  for  taxation,  and  shall  enter  the  valuations  as 
assessed,  corrected  and  equalized  in  the  manner  provided 
by  this  Act;  and  against  such  assessed,  corrected  or 
equalized  valuation,  as  the  case  may  require,  the  county 
clerk  shall  extend  all  the  taxes  thereon  for  which  said 
property  is  liable.  And  at  the  proper  time  fixed  by 
this  Act  for  delivering  tax  books  to  the  county  collector, 
the  clerk  shall  attach  a  warrant,  under  seal  of  his 
JDffice,    and    deliver    said    book    to    the    county    collector. 


upon  which  said  county  collector  is  hereby  required  to 
collect  the  taxes  therein  charged  against  railroad  prop- 
erty and  pay  over  and  account  for  the  same  in  the 
manner  provided  in  other  cases.  Said  book  shall  be 
returned  by  the  collector  and  be  filed  in  the  office  of 
the  county  clerk  for  future  use. 

Description  of  platted  land.  §  52.  When  any  railroad 
company  shall  make  or  record  a  plat  of  any  contiguous 
lots  or  parcels  of  land  belonging  to  it.  the  same  may 
be   described  as   designated  on  such   plat.     ~ 

Board  to  assess  "railroad  track"  and  "rolling  stock" — 
Distribution  of  value — Extension  of  tax.  §  109.  Said  board 
(State  board  of  equalization)  shall  also  assess  the  rail- 
road property  denominated  in  this  Act  as  "railroad  track" 
and  "rolling  stock";  and  said  board  is  hereby  given 
the  power  and  authority,  by  committee  or  otherwise^  to 
examine  persons  and  papers.  The  amounts  so  deter- 
mined and  assessed  shall  be  certified  by  the  auditor  to 
the  county  clerks  of  the  proper  counties.  The  co<mty 
clerk  shall,  in  like  manner,  distribute  the  value,  so 
certified  to  him  by  the  auditor,  to  the  county  and  to  the 
several  towns,  districts,  villages  and  cities  in  his  county 
entitled  to  a  proportionate  value  of  such  "railroad  trsck" 
and  "rolling  stock."  And  said  clerk  shall  extend  ts  xes 
against  such  values,  the  same  as  against  other  property 
in   such   towns,   districts,  villages  and  cities. 

Capital  stock  of  railroads  and  telegraphs — Distrihu'ion 
of  value — Extension  of  tax.  §  110.  The  aggregate  amc  unt 
of  capital  stock  of  railroad  and  telegraph  companies, 
assessed  by  said  board,  shall  be  distributed  proport  on- 
ately  by  said  board  to  the  several  counties  in  like  n  an- 
ner  that  the  property  of  railroads  denominated  "railr  )ad 
track"  is  distributed.  The  amount  so  determined  s  lall 
be  certified  by  the  auditor  to  the  county  clerks  of  the 
proper  counties.  The  county  clerk  shall,  in  like  mam  er, 
distribute  the  value,  so  certified  to  him  by  the  audi  or, 
to  the  county  and  to  the  several  towns,  districts,  vil- 
lages and  cities-  in  his  county  entitled  to  a  proportion  vte 
value  of  such  capital  stock.  And  said  clerk  shall  ex- 
tend taxes  against  such  values  the  same  as  agai  ist 
other  property  in  such  towns,  districts,  villages  i  nd 
cities. 

A  number  of  dates  for  the  performance  of  Acts  un  ler 
the  general  revenue  law  changed.  347.  §  53.  All  li  ts, 
schedules,  returns  and  statements  heretofore  requi  ed 
by  law  to  be  made  between  May  1  and  July  1  by  he 
assessors,  or  by  the  owners  of  property  or  p«rson  re- 
quired by  law  to  list  the  same,  shall  hereafter  be  m:  de 
between  April  1  and  June  1   of  each  year. 

Approved    February    25,    1898. 
An   Act   for   the    formation    of   union   depot   corporatic  ns. 
Approved  April  7,  1875.     L.  1875,  p.  97— Omitted. 


PUBLIC  SERVICE  LAWS  OF  INDIANA 


RAILROAD    COMMISSION    ACT. 

From  Buriks'  Indiana  Statutes,  1908,  with  amendments  up 

to  date. 

(Acts  1905,  page  83.     In  force  April  15,  1905.) 

Commissioners,  appointment,  terms,  salaries.  §  5531. 
(5405a.)  1.  That  a  railroad  commission  is  hereby  created 
to  be  composed  of  three  persons,  to  be  appointed  by  the 
governor,  who  shall,  within  60  days  after  the  taking  effect 
of  this  Act,  appoint  three  persons  as  such  commissioners, 
one  of  whom  shall  hold  office  for  a  term  of  four  years, 
one  for  a  term  of  three  years,  and  one  for  a  term  of  two 
years,  or  until  their  successors  shall  be  appointed  and 
qualified.  Thereafter,  at  the  expiration  of  the  term  of 
office  of  each  such  commissioner,  his  successor  shall  be 
appointed  by  the  governor  for  a  term  of  four  years;  pro- 
vided, that  at  no  time  shall  there  be  more  than  two  of 
said  commissioners  members  of  the  same  political  party. 

(a)  The  persons  so  appointed  shall  be  resident  citi- 
zens of  this  State,  and  qualified  voters  under  the  constitu- 
tion and  laws,  (b)  No  commissioner  hereunder  shall 
hold  any  office  under  the  government  of  the  United  States 
or  of  this  State,  or  of  any  other  State  government,  and  shall 
not  while  such  commissioner,  engage  in  any  occupation 
or  business  inconsistent  with  his  duties  as  such  commis- 


sioner, (c)  The  governor  may  remove  any  commissio: lei 
at  any  time  for  inefficiency,  neglect  of  duty,  malfeasa  ice 
in  office,  but  he  shall  give  to  such  commissioner  a  c(  py 
of  the  charges  against  him,  and  an  opportunity  of  be  ne 
heard  in  his  defense.  The  governor  shall  fill  any  vacai 
by  appointment,  and  the  person  so  appointed  shall 
out  the  unexpired  term  of  his  predecessor,  (d)  Before  u- 
tering  upon  the  duties  of  his  office,  each  of  said  comn  is- 
sioners  shall  take  and  subscribe  and  file  with  the  secret;  ry 
of  State  an  oath  of  office  in  the  following  form:  I  ilo 
solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  \  ill 
support  the  Constitution  of  the  United  States  and  the  r  in- 
stitution of  the  State  of  Indiana,  and  that  I  will,  to  the  b  ^t 
of  my  ability,  faithfully  and  justly  discharge  the  dm 
of  the  office  of  railroad  commissioner  and  enforce  the  i 
visions  of  all  laws  of  the  State  of  Indiana,  which  decl  ire 
and  define  my  duties,  and  of  all  laws  of  said  State,  he 
enforcement  of  which  devolves  upon  the  Railroad  Commis- 
sion of  Indiana.  Each  of  said  commissioners  shall  file  in 
the  office  of  the  secretary  of  State  a  good  and  suffici  ^nt 
bond  in  the  sum  of  $10,000,  to  be  approved  by  the  governor, 
for  the  faithful  discharge  of  his  duties,  (e)  Each  of 
said  commissioners  shall  receive  an  annual  salary  of  $4,''00, 
payable  in  the  same  manner  that  salaries  of  other  State 
officers  are  paid,     (f)     It  shall  be  unlawful  for  any  nuMu- 


1'l'iilic  SEifvicic  Laws 


■i.Jl 


ber  of  said  commission,  their  secretary,  or  any  of  their 
clerks  and  employes,  to  receive  any  free  transportation 
or  any  other  perquisite,  gift,  or  emolument  from  any  rail- 
road company  or  other  party  interested  in  railroad  trans- 
portation during  the  term  of  their  respective  office  or 
employment,  and  any  person  violating  the  provisions  of  this 
section  shall  be  guilty  of- a  misdemeanor,  and  upon  convic- 
tion thereof,  shall  be  fined  in  any  sum  not  less  than  ?50 
nor  more  than  $1,000,  and,  upon  conviction  thereof  of 
any  commissioner,  the  governor  shall  declare  his  office 
to  be  vacant,  and  a  successor  shall  be  selected  as  elsewhere 
provided  by  this  Act  in  case  of  vacancy,  except  that  all 
carriers  subject  hereto  shall  provide  free  transportation, 
good  in  this  State,  for  the  inspectors  employed  by  said 
conimission,  to  be  used  only  while  traveling  on  the  busi- 
ness of  the  commission.  (As  amended.  Acts  1907,  p.  454.) 
Organization  —  Secretary  —  Clerk  —  Sala7-y  —  Expenses. 
§5532.  (5405b.)  2.  The  commissioners  appointed  as  here- 
inbefore provided,  shall  meet  at  Indianapolis  on  the  Thurs- 
day next  following  the  commencement  of  their  term  of 
office,  and  organize  and  select  one  of  their  number  chairman 
of  said  commission.  A  majority  of  said  commissioners 
shall  constitute  a  quorum  to  transact  business,  but  on  the 
order  of  the  conimission  any  one  of  its  members  may 
conduct  a  hearing  or  investigation  and  take  the  evidence 
therein,  and  report  the  same  to  the  commission  for  its 
consideration  and  action.  Said  commission  may  appoint 
a  secretary  at  a  salary  of  not  more  than  $2,500  per  annum, 
who  shall  be  the  fiscal  and  disbursing  agent  of  the  com- 
mission, and  may  appoint  one  clerk  at  a  salary  of  not  more 
than  $1,500  per  annum,  and  such  other  persons  as  may  be 
necessary  to  aid  the  commission  in  enforcing  the  pro- 
visions of  this  Act;  provided,  all  appointments  made  by 
said  commission  of  counsel,  railroad  or  railway  inspectors, 
experts  or  engineers,  and  the  compensation  to  be  paid 
them,  shall  be  in  writing  and  shall  be  approved  by  the 
governor.  The  secretary  and  clerk  shall  each  take  the 
usual  oath  of  office,  which  shall  be  filed  with  the  secretary 
of  State,  together  with  a  certificate  of  their  appointment. 
The  secretary  shall  execute  a  bond  in  the  sum  of  $5,000 
'With  sureties  to  be  approved  by  the  governor,  payable  to 
the  State  of  Indiana,  and  he  shall  keep  a  full  and  cor- 
rect record  of  all  receipts  and  disbursements  and  of  the 
transactions  and  proceedings  of  said  commission,  and  per- 
form such  duties  as  may  be  required  by  the  commission. 
They  shall  be  known  collectively  as  "Railroad  Commis- 
sion o£  Indiana,"  and  shall  have  a  seal  with  the  words, 
"Railroad  Commission  of  Indiana"  engraved  thereon.  The 
said  commission  shall  be  furnished  with  the  necessary  office 
rooms  in  the  State  capitol  building  at  Indianapolis,  and 
with  the  necessary  furniture,  stationery,  maps,  books  and 
technical  journals  and  literature  and  other  supplies  needed 
in  the  discharge  of  its  duties.  All  the  necessary  expense 
of  said  commission  in  carrying  into  effect  all  the  provisions 
of  this  Act,  including  salaries  of  its  appointees  and  em- 
ployes, other  than  traveling  expenses,  shall  be  audited  and 
approved  by  the  auditor  of  State  and  paid  by  the  treasurer 
of  State  out  of  any  funds  in  his  hands  not  otherwise 
specifically  appropriated,  and  the  treasurer  of  State,  upon 
the  order  of  the  commission,  approved  by  the  governor, 
shall  advance  to  the  secretary  of  the  commission  from  time 
to  time  such  funds  as  may  be  necessary  to  meet  the  ex- 
penses of  the  commission;  provided,  that  the  sum  so  ad- 
vanced and  remaining  in  the  hands  of  the  secretary  un- 
expended shall  not  at  any  time  exceed  $500.  The  members 
of  said  commission,  its  secretary  and  clerk,  and  such  other 
person  as  it  may  appoint  or  employ  as  provided  in  this 
Act,  shall  be  entitled  to  receive  from  the  State  their  actual 
necessary  traveling  expenses,  which  shall  include  the  cost 
of  transportation,  not  telegraph  and  telephone  bills,  while 
traveling  on  the  business  of  the  commission,  which  amount 
shall  be  paid  by  the  treasurer  of  State  on  the  order  of  the 
governor  upon  an  Itemized  statement  thereof,  sworn  to 
by  the  party  who  incurred  such  expense  in  traveling,  arid 
after  the  same  shall  have  been  approved  by  the  commission. 
When  in  the  judgment  of  the  governor,  expressed  in  a 
written  order  to  the  commission,  which  order  shall  be 
entered  of  record  in  their  minutes,  it  will  better  qualify 
the  members  of  such  commission  to  discharge  their  duties, 
they  or  either  of  them  designated  in  the  order  of  the  com- 
mission may  visit  the  railroad  commission  of  other  cities, 
or  th  Interstate  Commerce  Commission,  or  may  attend 
the  meetings  of  the  National  Association  of  Railway  Com- 
missioners, or  the  sessions  of  committees  of  such  associa- 


tions, or  the  sessions  of  other  railroad  organizations,  hav- 
ing under  consideration  subjects  which  concern  the  duties 
of  such  commission,  and  the  traveling  expenses  so  incurred, 
when  audited  as  above,  shall  be  paid  out  of  the  State  treas- 
ury, as  herein  provided. 

(b)  Said  commission  may  hold  sessions  at  any  place, 
when  deemed  necessary,  to  facilitate  the  discharge  of  Its 
duties.   (As  amended.  Acts  1907,  p.  454.) 

Powers  and  authority.  §  5533.  (5405c.)  3.  The  power 
and  authority  is  hereby  vested  in  the  Railroad  Commissloii 
of  Indiana,  and  it  is  hereby  made  its  duty  as  hereinafter 
provided  to  supervise  all  railroad  freight  and  passenger 
tariffs,  and  to  adopt  all  necessary  rules  and  regulations 
to  govern  car  distribution  and  delivery,  train  service  and 
accommodations  and  demurrage  rules  and  charges  and  for 
car  service  or  the  transfer  and  switching  of  cars  from  one 
railroad  to  another  at  junction  points,  or  where  entering 
the  same  city  or  town,  and  to  supervise  charges  therefor;  to 
require  and  supervise  the  location  and  construction  ot 
sidings  and  connections  between  railroads;  to  supervise  the 
crossing  of  the  tracks  and  sidetracks  of  railroads  by  other 
railroads  now  in  process  of  construction  or  extension,  and 
to  prescribe  the  terms  and  conditions  and  manner  in  which 
such  crossings  shall  be  made,  and  the  character  thereof, 
whether  at  grade  or  over  or  under  grade,  and  the  authority 
now  vested  in  the  auditor  of  State  under  the  laws  of  this 
State  with  reference  to  the  crossings  of  railroads  by  other 
railroads,  or  by  railroads  operated  by  electricity,  and 
the  installation  and  maintenance  of  interlocking  ap- 
pliances at  such  crossings  is  hereby  vested  in  llhe 
commission;  to  supervise  and  regulate  private  car  line 
service  and  private  tracks  where  such  tracks  are  operated 
in  connection  with  any  railroad  in  this  State  or  share  in 
the  rates  or  earnings  of  any  common  carrier  subject  to  the 
provisions  of  this  Act;-  to  correct  abuses  and  prevent  un- 
just discrimination  and  extortion  in  the  rates  of  freight 
and  passenger  tariffs  on  the  different  railroads,  and  to  en- 
force the  same  by  proceedings  for  the  enforcement  of  pen- 
alties provided  by  law  through  courts  of  competent  juris- 
diction. 

(a)  The  classification  of  freight  adopted  by  the  rail- 
road shall  be  uniform  and  shall  apply  to  and  be  the  same 
for  all  railroads  subject  to  the  provisions  of  this  Act. 

(b)  The  said  commission  shall  have  power  and  it 
shall  be  its  duty,  as  hereinafter  provided,  upon  the  failure 
of  the  railroad  companies  so  to  do,  to  fix  and  establish  for 
all  or  any  connecting  lines  of  railroads  in  this  State  rea- 
sonable joint  rates  of  freight,  transfer  and  switching 
charges  for  the  various  classes  of  freight  and  cars  that  may 
pass  over  two  or  more  lines  of  railroad. 

(c)  If  any  two  or  more  connecting  railroad  companies 
shall  fail  to  agree  upon  a  fair  and  just  division  of  the 
charges  arising  from  the  transportation  of  freights,  pas- 
sengers or  cars  over  their  lines,  the  commission  shall,-  as 
hereinafter  provided,  fix  the  pro  rata  part  of  such  charges 
to  be  received  by  each  of  said  connecting  lines. 

(d)  The  commission  shall  have  power,  as  hereinafter 
provided,  and  it  shall  be  its  duty,  from  time  to  time,  to 
alter,  change,  amend  or  abolish  any  classifications  or  rates 
established  by  any  railroad  company  or  companies  when- 
ever found  to  be  unjust,  unreasonable  or  discriminative, 
and  to  make  and  substitute  for  said  unjust,  unreasonable 
or  discriminative  rates  or  classifications,  amended,  altered 
or  new  classifications  or  rates,  which  shall  be  put  into 
effect  by  .said  railroad  company  or  companies,  and  in  clise 
any  carrier  fails  to  have  any  rate  or  schedule  of  rates  to 
any  point  on  its  line  or  on  any  connecting  line,  in  this 
State,  the  commission,  as  hereinafter  provided,  may  make 
and  order  a  rate  or  schedule  of  rates  which  shall  be  pub- 
lished and  put  into  effect  by  said  carrier  iv  carriers. 

(e)  The  commission  may  adopt  and  enforce  such  rules, 
regulations  and  modes  of  procedure  as  it  may  deem  proper, 
to  hear  and  determine  complaints  and  for  the  conduct  of 
all  investigations  held  by  it  or  its  appointees  and  to  regu- 
late the  conduct  of  its  inspectors  and  appointees. 

(f)  The  commission  shall  enforce,  as  hereinafter  pro- 
vided, reasonable  and  just  rates  of  charges,  for  each  rail- 
road company  subject  hereto  for  the  use  or  transportation 
of  loaded  or  empty  cars  on  its  road;  and  may  so  enforce 
for  each  railroad,  or  for  all  railroads  alike,  reasonable 
rates  for  storing  and  handling  of  freight,  and  for  the  use 
of  cars  not  loaded  or  unloaded  within  48  hours  after 
notice  of  arrival  and  placement  for  service,  not  to  include 
Sundays  or  legal  holidays. 


462 


National  Association  of  Railway  Commissionebs 


(g)  The  commission  shall  enforce  reasonable  rates,  as 
hereinafter  providea,  for  the  transportation  of  passengers 
over  each  or  all  of  the  railroads  subject  hereto,  which  rates 
shall  not  exceed  the  rates  fixed  by  law.  The  commission 
shall  have  power  to  enforce  reasonable  rates,  tolls  or 
charges  for  all  other  service  performed  by  any  railroad 
subject  hereto. 

(h)  The  provisions  of  this  section  shall  be  construed 
to  mean  that  the  power  of  said  commission  extends  to  any 
case  where  any  person,  firm,  corporation  or  association,  or 
any  mercantile,  agricultural  or  manufacturing  society,  or 
any  body  politic  or  municipal  organization,  complains  of 
anything  done  or  omitted  to  be  done  by  any  common  car- 
rier subject  to  the  provisions  of  this  Act,  and  shall  apply 
to  said  commission  by  petition  which  shall  briefly  state 
the  facts;  whereupon  a  statement  of  the  charges  thus 
made  shall  be  forwarded  by  the  commission  to  such  com- 
mon carrier,  who  shall  be  called  upon  to  satisfy  the  com- 
plaint or  to  answer  same  in  writing  within  a  reasonable 
time  to  be  specified  by  the  commission.  If  such  carrier 
shall  not  satisfy  the  complaint  within  the  time  specified 
or  there  shall  appear  to  be  any  reasonable  ground  for  inves- 
tigating said  complaint,  it  shall  be  the  duty  of  the  com- 
mission to  investigate  the  matters  complained  of,  and  no 
complaint  shall  at  any  time  be  dismissed  because  of  the 
absence  of  direct  damage  to  the  complainant.  And  said 
commission  shall  have  the  power  after  such  investigation 
to  make  such  corrections,  alterations,  changes  or  new  rules 
or  regulations  or  rates  as  may  be  necessary  to  prevent  In- 
justice or  discrimination  to  the  party  complaining  or  to 
any  other  person,  firm  or  corporation;  provided,  that  when 
any  rate,  charge,  classification,  rule  or  regulations  shall 
have  been  so  made,  changed,  modified  or  added  to  by  said 
commission,  such  order  shall  operate  for  the  benefit  of  all 
persons  or  corporations  situated  similarly  with  said  com- 
plaining party. 

(i)  Every  such  carrier  shall  annually,  on  or  before  the 
first  day  of  October,  file  with  such  commission,  under  the 
signature  and  oath  of  its  principal  accounting  officer,  a 
detailed  report,  in  the  form  prescribed  by  the  commission, 
of  all  its  financial  and  business  operations  in  this  State  for 
the  year  ending  on  the  preceding  30th  day  of  June,  and 
such  report  shall  embrace  such  other  information  and  facts 
as  shall  be  prescribed  by  the  Interstate  Commerce  Com- 
mission for  reports  of  interstate  carrier  thereto,  and  such 
reports  shall  be  in  the  form  so  prescribed,  in  so  far  as  the 
same  is  applicable.  Any  carrier  falling  to  make  such  report 
for  30  days  after  the  same  shall  be  due  unless  the  time 
therefor  shall  be  extended  by  the  commission  shall  forfeit 
and  pay  to  the  State  of  Indiana  the  sum  of  $100  for  each 
and  every  day  of  such  default,  to  be  collected  as  provfded 
in  this  Act;  provideii,  that  the  first  report  required  to  be 
made  by  an  electric,  interurban  or  suburban  railroad  pur- 
suant to  this  paragraph  shau  be  for  the  year  ending  June 
30,  1908. 

(j)  All  carriers  subject  to  this  Act  and  operating  steam 
railroads,  as  between  themselves,  and  all  carriers  subject 
to  this  Act  and  operating  interurban  or  suburban  railroads, 
as  between  themselves,  shall  afford  all  reasonable  and 
proper  facilities  for  the  interchange  of  traffic  between  their 
respective  lines  at  junction  points,  and  for  there  receiving, 
forwarding  and  delivering  passengers  and  property,  and 
each  such  carrier  shall  transfer,  deliver  and  accept  without 
delay  or  discrimination  and  promptly  forward  all  freight 
or  cars,  loaded  or  empty,  and  all  or  any  passengers  there 
tendered  by  any  such  connecting  lines  and  destined  to  any 
point  on  its  line  or  any  connecting  line;  provided,  that  In 
special  cases  where  it  Is  practicable,  and  the  same  may  be 
accomplished  without  endangering  the  equipment,  tracks, 
or  appliances  of  any  such  carrier,  the  commission,  upon 
application,  may  require  any  such  steam  and  interurban 
railroad  to  interchange  cars,  carload  shipments,  less  than 
carload  shipments  and  passenger  traffic,  and  for  that  pur- 
pose may  require  the  construction  of  physical  connections 
at  junction  points,  and  the  construction  of  switch  and  pri- 
vate track  connections  as  provided  in  this  Act.  None  of  the 
provisions  of  this  Act,  except  as  specified  in  this  paragraph. 
In  any  way  relating  to  freight,  freight  tariffs,  or  the  de- 
livery or  distribution  of  freight  cars,  or  the  construction  of 
sidings,  turnouts  or  connections  for  the  use  or  operation 
of  freight  cars,  shall  apply  to  any  carrier  unless  or  until 
the  aggregate  receipts  for  the  carriage  of  freights  on  the 
carrier's  line  shall  amount  to  33%  per  cent,  or  more,  of 
the  gross  receipts  of  the  business  of  such  carrier  for  the 


year  preceding  the  filing  of  its  last  annual  report  as  re- 
quired by  this  Act;  and  provided,  further,  that  the  Rail- 
road Commission  of  Indiana  shall  have  no  power  by  virtue 
of  any  provision  in  this  Act  contained  to  compel  any  street 
railway,  interurban  or  suburban  street  lailway  company, 
to  carry  any  freight  prohibited  by  any  municipal  ordinance 
or  contract. 

(k)  Every  such  carrier  engaged  in  handling  freight 
in  carload  lots  may  be  required,  upon  application  therefor 
by  the  party  having  use  for  the  same,  to  construct  upon  its 
property  and  properly  connect  with  Its  line,  when  the 
same  can  be  done  with  safety  and  is  reasonably  necessary, 
all  sidings,  switch,  spur  or  turnout  tracks,  necessary  to 
accommodate  the  business  of  any  elevator,  mill,  factory 
or  other  industrial  enterprise  that  is  now  or  may  hereafter 
be  constructed  abutting  its  line,  and  where  there  is  no 
space  for  the  proprietor  thereof  to  construct  the  same  on 
his  property;  provided,  that  the  title  to  any  such  siding 
shall  remain  in  the  carrier,  which  shall  have  authority  to 
remove  the  same  whenever  it  becomes  necessary  so  to"  do 
to  accommodate  the  public  interests,  upon  payment  of  the 
value  of  the  material  in  said  track,  if  the  cost  of  orig- 
inal construction  shall  have  been  paid  by  the  Industry, 
and  providing  that  any  such  track  may  be  used  by  any  su(  h 
carrier  in  performing  switching  service  to  any  industry 
located  beyond  such  elevator,  mill,  factory  or  other  indus- 
trial enterprise.  In  case  the  carrier  and  proprietor  cannot 
agree  upon  the  terms  for  constructing  and  malntainlrg 
such  facilities,  the  commission,  upon  application,  shall 
prescribe  the  terms  upon  which  the  same  shall  be  do n- 
structed  and  maintained.  Every  such  carrier  shall,  upon 
request  and  upon  the  payment  of  reasonable  compensatioa 
therefor,  construct  a  switch  connection  from  Its  line  to 
and  connecting  with  any  lateral  or  branch  line  of  railroail, 
or  any  private  or  industrial  switch,  which  shall  be  cdi;- 
structed  adjacent  to  its  line  and  property  in  this  Stat', 
whenever  such  connection  is  reasonably  practicable  and  ca  i 
be  put  in  with  safety,  and  a  reasonable  necessity  therefc  r 
exists.  In  case  of  a  disagreement  thereon,  the  commlssloi  , 
upon  application,  shall  determine  the  compensation  fcr 
making  such  connection  and  maintaining  the  same. 

(1)  All  such  carriers,  handling  freight  in  carload  lot:  , 
at  all  points  in  this  State,  where  they  connect  with,  or  cros  ? 
at,  over  or  under  grade,  the  line  or  lines  of  any  one  O' 
more  carriers  engaged  in  like  business,  shall  construct  an  I 
maintain  proper  Interchange  tracks  and  switches  at  a  1 
such  points  so  that  carload  traffic  may  be  convenientl  ■ 
interchanged  between  such  carriers  at  such  points,  an  I 
for  the  purpose  of  enabling  such  carriers  to  comply  wit  i 
this  requirement  they  are  empowered  to  jointly  purchas  • 
and  own,  or  appropriate,  under  the  present  or  future  law  i 
of  this  State  concerning  the  exercise  of  the  powers  c :' 
eminent  domain,  any  additional  lands  or  property  necei  - 
sary  to  enable  them  to  comply  with  this  requirement 
provided,  that  upon  a  sufficient  showing  the  commisslo  i 
may  relieve  any  such  carrier  from  the  operation  of  thfi 
provision  until  such  time  as  the  necessity  therefor  shall 
arise.  In  case  such  connecting  carriers  cannot  agree  a^ 
to  the  division  of  the  expense  of  making  and  maintalnln  ; 
any  such  facilities  and  tracks,  the  commission,  upon  appli- 
cation therefor,  shall  determine  the  same. 

(m)  Every  such  connecting  carrier  shall,  upon  th; 
order  of  the  commission  made  upon  complaint  filed  and 
after  a  hearing  is  had,  as  provided  In  this  Act,  receive  froti 
its  connecting  lines  at  junction  points  all  carload  shlj- 
ments  tendered  by  any  such  connecting  line,  and  upon 
payment  of  reasonable  transfer  or  switching  charges  there- 
for, shall  transport  such  car  over  its  tracks  and  deliver  th  ^ 
same  to  the  consignee  on  his  private  tra^k  connected  witli 
such  tracks.  Every  such  connecting  carrier  at  junction 
or  terminal  points,  upon  like  complaint,  proceedings  ami 
order  of  the  commission,  as  provided  in  this  paragraph, 
shall  accept  from  any  other  connecting  carrier  any  empty 
car  there  tendered,  and  upon  payment  of  a  reasonabl ! 
switching  charge  therefor,  shall  transport  such  empty  car 
to  any  Industry  or  private  track  connected  with  its  line  at 
such  junction  or  terminal  point  for  loading,  and  return  (hJ 
same  when  loaded  to  the  line  making  such  delivery;  prc- 
vided,  that  any  such  carriers  shall  not  be  required  to  per- 
form such  switching  services  in  any  case  where  such  car- 
rier can  transport  the  freight  to  destination  and  point  of 
delivery  with  reasonable  dispatch,  and  at  the  same  rate 
as  the  line  offering  the  car,  and  shall  at  the  time  offer 
the  car  and  be  prepared  to  perform  the  services.     Every 


Public  Service  Laws 


453 


carrier  subject  to  the  provisions  of  this  Act,  who  shall  re- 
ceive a  car  or  cars  belonging  to  another  carrier  at  a 
terminal  or  junction  point,  shall,  upon  the  demand  of  the 
owner  of  such  car  or  cars,  promptly  return  the  same  loaded 
or  empty  to  such  terminal  or  junction  point  by  the  most 
direct  available  route,  and  any  court  of  competent  jurisdic- 
tion shall,  upon  proper  application,  have  full  power  and 
authority  to  enforce  this  requirement. 

(n)  All  railroad  companies  doing  business  in  this  State 
shall,  upon  the  demand  of  any  person  or  persons  interested, 
establish  reasonable  joint  rates  for  the  transportation  of 
freight  between  points  upon  their  respective  lines  within 
this  State,  and  shall  receive  and  transport  freight  and  cars 
over  such  route  or  routes  as  the  shipper  may  direct.  Car- 
load lots  shall  be  transferred  without  unloading  into  other 
cars,  unless  such  unloading  into  other  cars  shall  be  done 
without  charge  therefor  to  the  shipper  or  receiver  of  such 
carload  lots,  and  unless  such  transfer  be  made  without 
unreasonable  delay;  and  less  than  carload  lots  shall  be 
transferred  into  the  connecting  railway's  cars  at  cost,  which 
shall  be  included  in  and  made  a  part  of  the  joint  rate 
adopted  by  such  railway  companies,  or  established'  as  pro- 
vided in  this  Act. 

(o)  No  such  carrier  shall  hereafter  construct  a  line 
of  railroad  across  another  line  of  railroad  in  this  State 
without  the  approval  of  such  commission,  nor  until  an 
application  therefor,  and  an  instrument  of  appropriation 
to  acquire  such  rights,  has  been  filed  with  the  commission 
and  notice  given  to  the  connecting  lines  and  a  hearing 
thereon  had.  Full  power  and  authority  are  given  to  the 
commission  in  any  such  proceedings  to  determine  in  what 
manner  and  at  what  point  any  such  crossing  shall  be  made, 
and  whether  the  crossing  shall  be  at  grade,  or  over  or 
under  grade.  When  the  commission  determines  the  place 
and  manner  of  crossing  it  shall  determine  the  damages, 
if  any,  which  the  junior  line  shall  pay  to  the  senior  line 
or  lines  for  the  privilege  of  crossing.  The  commission,  by 
its  order,  shall  determine  and  define  the  manner  in  which 
the  crossing  shall  be  made,  and  thereafter  maintained,  and 
the  manner  in  which  the  expense  thereof  shall  be  appor- 
tioned between  the  connecting  lines,  and  in  what  manner 
the  work  shall  be  performed,  and  by  whom  and  wifhin 
what  time,  and  such  other  matters  as  may  be  necessary  to 
fully  determine  the  controversy  between  the  parties;  and 
thereupon  the  junior  line,  upon  the  payment  or  tender  of 
the  damages  so  awarded,  may  proceed  with  the  construction 
of  such  crossing  in  accordance  with  the  order  of  the  com- 
mission. In  case  any  such  crossing  shall  be  on  a  street 
in  any  city  or  incorporated  town  in  this  State  then  the 
order  of  the  commission  concerning  the  same  shall  not 
become  operative  until  the  common  council  of  such  city, 
or  the  board  of  trustees  of  siich  town,  shall  consent  thereto 
by  resolution  duly  enacted. 

(p)  Any  such  carrier  which  shall  be  dissatisfied  with 
the  damages  awarded  by  the  commission  may  commence  in 
any  Circuit  or  Superior  Court  of  the  county  where  such 
crossing  is  located,  an  action  against  the  other  connecting 
line,  or  lines,  at  such  point,  for  the  purposes  (purpose)  of 
having  such  damages  reassessed  by  such  court  in  accord- 
ance with  the  laws  of  this  State  concerning  the  exercise 
of  the  powers  and  privileges  of  eminent  domain,  and  in 
such  court  the  only  question  triable  shall  be  the  amount  of 
damages  properly  chargeable  against  the  crossing  line  on 
account  of  the  crossing  being  made  and  constructed  in  the 
manner  fixed  and  upon  the  terms  prescribed  by  the  commis- 
sion therefor,  and  to  be  maintained  in  the  manner  and  upon 
the  terms  prescribed  by  the  commission.  None  of  the  pro- 
visions of  this  Act  with  respect  to  railroad  crossings  shall 
be  construed  to  apply  to  the  crossing  by  a  street  railroad 
company  with  its  street  railroad,  interurban  street  railroad 
or  suburban  street  railroad  of  the  tracks  and  right  of  way  of 
any  railroad  company  or  of  any  other  street  railroad,  inter- 
urban or  suburban  street  railroad,  or  to  limit  the  right  to 
cross  any  of  such  railroads  on  streets  or  highways,  or  to 
abridge  or  impair  such  rights  as  street  railroad  companies 
organized  under  the  laws  of  the  State  of  Indiana  may  now 
possess  under  existing  laws  to  construct,  maintain  and 
operate  either  street  railroads,  Interurban  or  suburban 
street  railroads,  or  wires  across  the  tracks,  rights  of  way 
and  railroads  of  any  other  railroad,  street  railroad,  inter- 
urban or  suburban  railroad,  on  any  street  or  highw'ay 
on  which  said  street  railroad  company  may  be  legally  au- 
thorized to  operate  without  obtaining  the  consent  of  the 
company  owning  or  operating  the  right  of  way,  tracks  or 
railroad  to  be  crossed  or  resorting  to  the  special  proceed- 


ings under  the  Act  of  1903  herein  mentioned,  and  nothing 
in  this  Act  contained  shall  be  held  to  modify  or  otherwise 
affect  the  provisions  of  the  Act  entitled  "An  Act  in  relation 
to  the  crossings  of  street  railroads  and  railroads,  and  de- 
claring an  emergency,"  approved  March  3,  1903,  but  any 
street  railroad  company  shall  have  the  right  to  construct, 
maintain  and  operate  its  street  railroad,  interurban  or 
suburban  street  railroad  at  grade  across  the  tracks  and 
right  of  way  of  any  railroad  company  by  the  special  pro- 
ceedings provided  in  said  Act;  provided,  that  the  duties 
imposed  upon  the  auditor  of  State  in  respect  to  interlock- 
ing devices  by  §  1  of  said  Act  shall  be  and  hereby  are 
imposed  upon  such  commission,  which  shall  have  the  same 
power  with  reference  to  such  interlocking  devices  as  by  the 
provisions  of  this  Act  it  has  with  reference  to  interlocking 
and  other  safety  devices  at  crossings  of  railroads,  and  that 
the  proceedings  provided  for  by  §  5  of  said  Act  in  relation 
to  the  separation  of  grades  shall  be  had  before  said  com- 
mission, instead  of  in  the  Circuit  or  Superior  Court,  as 
now  provided  in  §  5  of  said  Act.  And  any  party  dissatis- 
fied with  the  award  of  damages  or  apportionment  of  ex- 
penses made  by  the  commission  in  any  such  proceeding 
for  the  separation  of  grade  crossings  may  bring  its  action 
in  any  Circuit  or  Superior  Court  of  this  State  to  review  the 
same,  as  provided  in  §  6  of  this  Act.  Any  street,  inter- 
urban or  suburban  street  railroad  company  shall  be  per- 
mitted to  cross  with  its  feed  and  transmission  wires  over 
or  under  the  right  of  way,  tracks,  wires  and  railroad  of 
any  steam,  street,  Interurban  or  suburban  street  railroad 
company,  and  the  wires  and  other  appliances  of  any  tele- 
graph, telephone,  electric  light,  power  or  other  company 
maintaining  wires,  after  an  application  therefor  and  an 
instrument  of  appropriation  to  acquire  such  right  has 
been  filed  with  the  commission  and  at  least  10  days'  notice 
thereof  given  to  the  company  whose  property  is  to  be 
crossed  and  a  hearing  has  thereon;  and  full  power  and 
authority  are  given  to  the  commission  to  determine  in 
what  manner  such  crossing  shall  be  made  at  any  point 
other  than  upon  streets  and  highways  and  as  to  such 
crossings  of  streets  and  highways,  the  law  now  existing 
shall  control  the  rights  of  the  parties.  The  commission  by  its 
order  shall  determine  and  define  the  manner  in  which  the 
crossing  be  made,  and  thereafter  maintained,  and  the  man- 
ner in  which  the  expense  thereof  shall  be  apportioned  be- 
tween the  crossing  companies  and  in  what  manner  the 
work  shall  be  performed  and  by  whom  and  within  what 
time,  and  such  other  matter  as  may  be  necessary  to  fully 
determine  the  controversy  between  the  parties.  The  com- 
mission shall  have  full  power  and  authority  to  determine 
the  amount  of  damages,  if  any,  that  shall  be  allowed  to 
the  company  whose  property  is  so  to  be  crossed  at  any  point 
other  than  upon  the  streets,  or  highways,  by  such  feed  or 
transmission  wires,  and  any  party  dissatisfied  with  any 
such  award  of  damages  may  appeal  therefrom  as  in  this 
paragraph  above  provided  to  the  Circuit  Court  of  the  proper 
county  upon  the  question  of  such  damages  only.  Upon 
payment  or  tender  of  such  damages,  if  any,  allowed  by  the 
commission,  the  company  so  desiring  to  cross  may  proceed 
with  the  construction  of  its  feed  or  transmission  wires  over 
or  under  the  right  of  way,  tracks,  wires,  railroad  and  other 
appliances  of  any  of  said  companies. 

(q)  In  addition  to  the  authority  now  conferred  upon 
the  commission  to  order  the  installation  and  maintenance 
of  interlocking  devices  and  appliances  at  railroad  crossings 
in  this  State  authority  is  hereby  conferred  on  the  said  rail- 
road commission,  of  its  own  motion,  or  on  information 
secured  by  the  commission  of  (from)  its  inspectors,  en- 
gineers or  other  persons,  to  order  any  carriers  subject  to 
this  Act,  whose  railroad  lines  cross  each  other  at  grade, 
or  to  order  any  carrier  subject  to  the  provisions  of  this 
Act,  whose  line  of  railroad  crosses  any  stream  in  this  State 
by  a  swing  or  draw  bridge,  to  install,  maintain  or  operate 
at  said  crossing,  or  at  said  bridge,  an  approved  interlocking 
and  derailing  device,  or  to  make  connecting  or  other 
changes  in  any  such  existing  device.  Notice  shall  be  given 
said  carriers,  as  in  other  proceedings  before  the  commis- 
sion, and  plans  submitted  and  approved  by  the  commission, 
and  the  commission  shall  determine  when  necessary,  or 
when  the  carriers  fail  to  agree,  the  division  of  expense  for 
the  construction,  maintenance  and  operation  of  said  inter- 
locker,  and  may  assign  to  one  of  the  connecting  lines  the 
construction,  maintenance  and  operation  thereof.  Every 
carrier  which  shall  fall  to  install  such  interlocker  or  make 
such  changes  within  the  time  fixed  by  the  commission  shall 


454 


National  Association  of  Eailway  Commissiokeks 


forfeit  and  pay  to  the  State  of  Indiana  the  sum  of  $100  for 
each  week  that  such  failure  shall  be  continued;  provided, 
that  such  carrier  or  carriers  shall  not  be  requested  to 
install  any  such  device  In  any  city  or  incorporated  town  in 
this  State,  until  the  common  council  or  board  of  trustees 
«hall  approve  the  same  by  resolution  duly  entered  of  rec- 
ord; provided,  further,  that  none  of  the  provisions  of  this 
paragraph  "q"  shall  apply  to  any  street,  interurban  or 
suburban  street  railroad  crossing  any  railroad,  street  Inter- 
urban or  suburban  street  railroad  or  any  street,  highway 
or  private  right  of  way  In  any  city  or  town  In  this  State. 

(r)  Such  commission  whenever  It  determines  that  life 
and  property  will  be  best  secured  thereby,  shall  order  the 
operation  of  any  interlocking  device  in  use  in  this  State 
to  be  discontinued  until  the  same  shall  be  put  In  the  condi- 
tion required  by  the  commission;  and  the  operation  of 
any  such  device  by  any  such  carrier,  after  the  same  has 
teen  forbidden  by  the  commission.  Is  hereby  declared  to 
be  unlawful  and  to  subject  the  carrier  to  the  penalties 
prescribed  by  this  Act. 

(s)  The  commission  may,  on  the  application  of  any 
railroad  corporation,  authorize  It  to  use  any  safeguard  or 
device,  approved  by  said  commission,  in  place  of  any  safe- 
guard or  device  required  by  this  Act,,  which  shall  thereafter 
be  used  in  lieu  thereof,  and  the  same  penalties  for  neglect 
or  refusal  to  install  or  use  the  same  shall  be  Incurred  and 
Imposed  as  for  a  failure  to  Install  or  use  the  safeguard 
or  device  hereinbefore  required,  in  lieu  of  which  the  same 
Is  to  be  used. 

(t)  Every  railroad  shall,  when  within  its  power  so  to 
do,  and  upon  reasonable  notice,  furnish  suitable  cars  to  any 
and  all  persons  who  may  apply  therefor,  for  the  transporta- 
tion of  any  and  all  kinds  of  freight  in  carload  lots.  In 
case  of  Insufficiency  of  cars  at  any  time  to  meet  all  re- 
<[uirements  such  cars  as  are  available  shall  be  distributed 
among  the  several  applicants  therefor  in  proportion  to  their 
respective  immediate  requirements  without  discrimination 
between  shippers  or  competitive  or  non-competltlve  places; 
provided,  preference  may  be  given  to  shipments  of  live 
stock  and  perishable  property.  (As  amended.  Acts  1907,  p. 
454.) 

Revision  of  rates — Notice  —  Hearing  —  Rules — ■  Powers. 
f  5534.  (5405d.)  4.  Before  any  rates  or  charges  of  rail- 
roads or  express  companies  or  other  carriers  or  com- 
panies, subject  to  this  Act,  shall  be  revised  or  changed 
Tinder  the  provisions  of  this  Act,  and  before  any  order  shall 
be  made  by  said  railroad  commission  changing  the  rules 
or  regulations  of  any  such  company  respecting  car  service, 
the  transfer  or  switching  of  cars  from  one  railroad  to 
another,  or  respecting  the  location  or  construction  of  sid- 
ings and  connections  between  roads  or  respecting  joint 
rates  or  charges  by  two  or  more  of  such  companies,  said 
commission  shall  give  the  company  or  companies  affected 
by  such  proposed  order  or  revision,  not  less  than  10  days 
written  notice  of  the  time  and  place  where  such  rates  or 
charges  or  the  matters  Involved  in  said  proposed  order 
shall  be  considered;  and  such  company  shall  be  entitled 
to  a  hearing  at  the  time  and  place  specified  in  such  notice 
and  shall  have  process  to  enforce  the  attendance  of  its 
witnesses.  All  process  herein  provided  for  shall  be  served 
as  In  civil  cases. 

(a)  The  chairman  and  each  of  the  members  of  said 
commission  and  the  secretary  and  clerk  thereof,  for  the 
purposes  mentioned  In  this  Act,  shall  have  power  to  ad- 
minister all  oaths  proper  or  necessary  in  the  course  of  any 
bearing  or  investigation  provided  for  by  this  Act,  or  In 
the  dispatch  of  any  business  concerning  the  commission 
or  its  duties.  Subpoenas  commanding  the  attendance  of 
■witnesses  and  the  production  of  papers,  bills  of  lading  or 
other  evidence  of  shipment,  way  bills,  books,  accounts  and 
other  documents  deemed  necessary  by  the  commission  in 
any  proceeding  pending  before  it  may  be  issued  by  said 
commission,  signed  by  Its  secretary  and  served  by  reading 
or  by  copy,  and  such  subpoenas  shall  be  served  and  the 
attendance  of  all  such  witnesses  enforced  as  provided  for 
In  this  Act.     (As  amended,  Acts  1907,  p.  454.) 

When  actions  not  to  6e  controverted.  §  5535.  (5405e.) 
5.  In  all  proceedings  by  or  before  such  commission,  as  pro- 
vided in  this  Act,  and  in  all  proceedings  in  any  court 
In  this  State  as  provided  In  this  Act,  such  commission  and 
«uch  courts  shall  receive  in  evidence  all  schedules  of  rates 
and  charges,  rules  and  regulations  In  force  by  such  car- 
riers In  this  State  and  filed  with  such  commission  as 
provided  in  this  Act,  and  of  all  such  rates,  rules  and  regu 


latlons  as  shall  be  adopted  by  such  commission  or  ordered 
observed  by  any  court  of  this  State  as  provided  in  this  Act, 
without  formal  proof  thereof  being  made,  and  such  commis- 
sion and  such  courts  shall  likewise  also  receive  in  evidence 
the  contents  of  all  reports  made  to  such  commission  by 
such  carriers  as  required  in  this  Act,  and  of  all  official 
and  statistical  reports  and  publications,  published  by  the 
bureau  of  statistics  in  this  State,  or  by  the  State  board  ol 
tax  commissioners,  by  the  Interstate  Commerce  Commis- 
Bion,  by  the  department  having  control  of  the  Federal 
census  and  of  the  United  States  commissioner  of  corpora- 
tions, without  formal  proof  being  offered  as  to  their  au- 
thenticity.    (As  amended.  Acts  1907,  p.  454.) 

Action  against  commission  —  Appeal.  §5536.  (5405f.) 
6.  Any  carrier,  or  other  party,  dissatisfied  with  any  final 
made  by  the  commission,  may,  within  30  days  after  the 
entry  thereof,  begin  an  action  against  the  commission  in 
any  court  of  competent  jurisdiction  In  any  county  in  this 
State  into  or  through  which  any  such  carrier  operates, 
to  suspend  or  set  aside  any  such  order.  Any  party  to  any 
final  judgment  of  any  court  in  this  State,  in  any  procesd 
lug  by  or  against  such  commission,  may  prosecute  an  ap 
peal  therefrom  to  the  Supreme  Court  of  this  State  in  the 
manner  now  provided  by  law  in  civil  cases,  excepting  as 
otherwise  provided  in  this  Act.  In  all  actions  in  the  cowte 
of  this  State  authorized  by  this  Act  the  rules  of  evidence 
shall  be  the  same  as  in  the  trial  of  civil  cases,  as  now 
provided  by  law,  excepting  as  otherwise  provided  in  tl  U 
Act;  and  provided,  also,  that  when,  in  any  such  cause,  tie 
cost  of  transportation  is  Involved  the  carrier,  or  carrle:S; 
parties  to  such  proceedings,  shall  have  the  burden  of  is 
tabllshlng  the  cost  of  such  transportation,  over  its  Hi  e, 
as  shall  be  Involved  in  such  proceeding.  All  such  courts 
as  shall  obtain  jurisdiction  of  any  such  action  In  whic  li 
the  commission  is  a  party  shall  speedily  hear  and  determi:  le 
the  same  to  the  end  that  the  public  interests  shall  n  )1 
suffer;  provided,  that  no  court  shall  issue  any  restrain!]  g 
order  against  the  commission  until  reasonable  notice  of  tie 
application  therefor  has  been  given,  and  a  hearing  h:  s 
been  had;  in  case  the  commission  is  entitled  in  any  cau;  e 
to  a  restraining  order  the  same  shall  be  issued  by  all  sue  t 
courts  without  requiring  bond  or  surety  from  such  co:  i 
mission.  In  case  any  such  court  shall  by  its  order,  pendli  e 
final  hearing,  suspend  the  operation  of  any  rates  establlsh<  c 
by  the  commission.  It  shall,  in  its  order  and  the  bond  r  '. 
quired  to  be  filed  therein,  secure  to  the  public,  wlthoi  ( 
further  action,  the  rights  and  obligations  which  shall  a  ■ 
crue,  during  the  litigation,  under  such  rates,  if  the  same  I  £ 
finally  sustained  by  the  court.  (As  amended,  Acts  190T,  > 
454.) 

Discriminative  rates— Hearings — Orders.     §  5537   7    [f  s 
amended  by  Act  approved  March  4,  19111. 
Be   it   enacted   hy   the  general   assemhly   of   the   Stat^a^  i 
Indiana: 

Discriminative     rates — Hearings — Orders.       |  5537. 
[As  amended  by  Act  approved  March  4,  1911.]     That  §  i 
of  the  above  entitled  Act  be  and  the  same  is  hereby  ame 
so  as  to  read  as  follows: 


INDIVIDUAL  RATE  SCHEDULES. 

[Approved  March  4,  1911.] 


V 

It  §  I 

y  amended 


Be  it   enacted   by   the   general  assembly  of   the   State  C] 
Indiana: 

Railroads — Individual  rate  schedules  —  Commission'' 
powers.  §  1.  That  whenever  after  the  taking  effect  of.thi 
Act  there  shall  be  filed  with  the  railroad  commission  o 
Indiana  any  schedule  stating  a  new  individual  or  join! 
rate,  or  charge,  or  any  new  individual  or  joint  classifies 
tion,  or  any  new  individual  or  joint  regulation  or  practic 
affecting  any  rate  or  charge,  the  railroad  commission  o 
Indiana  shall  have,  and  it  Is  hereby  given,  authority,  elthei 
upon  complaint  or  upon  Its  own  Initiative  without  con: 
plaint,  at  once  and  if  it  so  orders  without  answer  or  othei 
formal  pleading  by  the  interested  carrier  or  carriers 
but  upon  reasonable  notice,  to  enter  upon  a  hearing  con 
cernlng  the  propriety  of  such  rate,  charge,  classification 
regulation  or  practice;  and  pending  such  hearing  and  th'i 
decision  thereon  the  railroad  commission  of  Indiana  upoi; 
filing  with  such  schedule  and  delivering  to  the  carrier  oi 
carriers  affected  thereby  a  statement  in  writing  of  its  rea 
sons  for  such  suspension  may  suspend  the  operation  ol 
such  schedule  and  defer  the  use  of  such  rate,  charge,  class! 


Public  Service  Laws 


455 


flcation,  regulation  or  practice,  but  not  for  a  longer  period 
than  30  days  beyond  the  time  when  such  rate,  charge,  classi- 
fication,    regulation     or     practice     as     would     be     proper 
in    a    proceeding    initiated    after    the   rate,   charge,    classi- 
fication,   regulation   or   practice   would   otherwise   go    into 
effect,  and  after  full  hearing,  whether  completed  before  or 
after  the  rate,  charge,  classification,  regulation  or  practice 
goes  into  effect,  the  railroad  commission  of  Indiana  may 
I        make  such  order  in  reference  to  such  rate,  charge,  classi- 
^        fication,  regulation  or  practice,  as  would  be  proper  in  a  pro- 
ceeding  initiated   after   the   rate,   charge,   classification   or 
practice  had  become  effective;   provided,  that  if  any  such 
hearing  cannot  be  concluded  within  the  period  of  suspen- 
sion, as  above  stated,  the  railroad  commission  of  Indiana 
may,  at  its  discretion,  extend  the  time  of  suspension  for  a 
1  ,     further  period  not  exceeding  30  days.     At  any  hearing  in- 
I       volving  a  rate  sought  to  be  increased  after  the  passage  of 
[       this  Act,  the  burden  of  proof  to  show  that  the  increased  rate 
or  proposed  increased  rate  is  just  and  reasnable  shall  bo 
upon    the   common   carrier,    and    the   railroad    commission 
shall  give  to  the  hearing  and  decision  of  such  questions 
preference  over  all  other  questions  pending  before  it  and 
decide  the  same  as  speedily  as  possible. 

BLOCK    SYSTEM. 

[Approved  March  4,  1911.] 
Be  it   enacted   iy   the  general  assembly  of   the   State   of 
Indiana : 

Railroads — Block  system.  §  1.  That  §  1  of  the  above  en- 
titled Act  is  amended  so  as  to  read  as  follows:  §  1.  That 
after  the  first  day  of  January,  1912,  it  shall  be  unlawful  for 
any  person,  firm  or  corporation,  or  lessee  or  receiver  of 
any  person,  firm  or  corporation,  which  shall  own  or  oper- 
ate any  line  of  steam  or  interurban  railroad  in  this  State 
to  operate  any  train  or  car  over  such  railroad  by  steam, 
by  electric  power  or  other  power,  unless  such  railroad  is 
equipped  with  and  has  in  operation  an  automatic  block 
system  or  other  system  approved  by  the  railroad  commis- 
sion of  Indiana  for  the  control  of  train  or  car  movements 
thereon,  unless  the  time  therefor  be  extended  by  such  rail- 
road commission. 
Be  it  further  enacted: 

Commission's  poivers — Order.  §  2.  That  §  2  of  the  said 
above  entitled  act  is  amended  so  as  to  read  as  follows: 
§  2.  Power  and  authority  are  hereby  conferred  upon  the 
railroad  commission  of  Indiana  to  extend  ti\e  time  specified 
In  §  1  of  this  Act,  when  it  shall  be  made  to  appear  to  it 
that  reasonable  necessity  for  such  extension  shall  exist. 
Full  power  and  authority  are  also  hereby  conferred  upon 
such  commission  to  relieve  any  such  carrier  from  the  obli- 
gations imposed  by  §  1  of  this  Act  when  it  shall  be  maae  to 
appear  that  the  volume  of  traffic,  or  train  or  car  move- 
ment over  such  railroad  are  such  only  that  the  same  can 
be  dispatched  without  substantial  hazard  to  life  and  prop- 
erty over  a  line  not  so  protected.  Full  power  and  authority 
are  also  hereby  conferred  upon  such  commission  to  permit, 
authorize  and  order  in  place  of  the  automatic  block,  either 
a  controlled  manual  block,  or  a  manual  block,  or  a  dis- 
patcher's block,  or  any  other  form  of  block  or  other  sig- 
naling system  that  is  or  may  be  hereafter  devised  or  used, 
if  in  the  judgment  of  such  commission  it  shall  be  made  to 
appear  that  a  controlled  manual  block,  or  a  manual  block, 
or  a  dispatcher's  block,  or  any  other  form  of  block  or 
other  signaling  system  now  or  hereafter  devised  or  used 
shall  reasonably  conserve  the  safety  of  life  and  property, 
and  whenever  such  order  is  made  by  the  railroad  commis- 
sion, and  such  other  form  of  block  or  other  signaling 
system  is  installed,  operated  and  maintained  in  obedience 
to  such  order,  it  shall  be  taken  and  held  as  a  full  com- 
pliance with  this  Act. 
Be  it  further  enacted: 

Penalty.  §  3.  That  §  3  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows:  §  3.  Any  person,  firm  or  cor- 
poration, receiver,  or  lessee  who  or  which  shall  violate  any 
of  the  provisions  of  this  Act  shall  forfeit  and  pay  to  the 
State  of  Indiana  the  sum  of  $1,000  per  week  for  each  week 
that  trains  shall  be  operated  over  any  such  railroad  in  vio- 
lation of  the  Act,  the  same  to  be  collected  by  the  railroad 
commission  of  Indiana  by  a  suit  in  its  name  for  the  use  of 
the  State  of  Indiana  in  any  court  of  competent  jurisdiction. 
Be  it  further  enacted: 

Title  amended.  §  4.  That  the  title  of  said  Act  is  hereby 
amended  so  as  to  read  as  follows:  "An  Act  to  promote 
the  safety  of  passengers,  employes,  and  property,  in  trans- 


portation over  steam  and  interurban  railroads,  to  install 
block  signals,  and  providing  penalties  for  violation  of  said 
Act." 

Be  it  further  enacted: 

Pending  litigation.  §  5.  That  suits  for  penalties  hereto- 
fore commenced  ty  the  railroad  commission  and  pending 
and  undisposed  of  when  this  Act  goes  into  effect  shall  not 
bo  affected  by  the  passage  of  this  Act,  but  shall  be  con- 
sidered and  tried  and  disposed  of  as  if  this  Act  had  not 
been  passed. 
Be  it  further  enacted: 

Repeal.  §  6.  That  all  Acts  or  parts  of  Acts  in  conflict 
with  this  Act  are  hereby  repealed. 

Rates,  rules  —  Copy  to  railroad.  §  5538.  (54051.)  8. 
The  said  commission  shall  as  soon  as  any  revision  or 
classification,  or  schedule  of  rates  or  charges,  or  regulations 
are  adopted  by  it,  furnish  each  railroad  company  affected 
thereby  with  a  certified  copy  thereof  in  suitable  form 
showing  the  revision,  alteration,  rule  or  regulation  made 
by  the  commission,  to  be  delivered  to  each  such  carrier 
by  depositing  the  same  in  a  United  States  postofflce,  in  a 
duly  stamped  and  addressed  envelope  directed  to  some 
officer  or  agent  of  the  carrier  in  this  State. 

(b)  Nothing  in  this  Act  shall  authorize  or  empower 
the  commission,  or  any  court  of  this  State,  to  establish, 
change  or  modify  any  rate  or  charge  for  any  service  to 
be  performed  by  any  common  carrier  in  this  State,  where 
the  rate  or  charge  is  now  established  or  which  may  here- 
after be  established  by  any  valid  law  of  this  State.  (As 
amended.  Acts  1907,  p.   454.) 

Examination  of  books  and  officers — Refusal  ■ —  Penalty. 
§5539.  (5405J.)  9.  In  any  matter  or  controversy  under 
investigation  by  the  commission,  the  commissioners,  or 
either  of  them,  or  such  person  or  persons  as  they  may 
employ  therefor  shall  have  the  right,  at  such  times,  as  they 
may  deem  necessary,  to  inspect  the  books  and  papers  or 
other  documents  of  any  railroad  company  subject  to  the  pro- 
visions of  this  Act,  and  to  examine  under  oath  any  officer, 
agent  or  employe  of  such  railroad  company  in  relation  to 
the  business  and  affairs  of  the  same;  and  said  commis- 
sioners, or  either  of  them,  or  such  other  person  as  may  be 
employed  by  them  as  aforesaid,  shall  also  have  the  right 
to  exercise  like  powers  as  to  all  other  persons  or  corpora- 
tions having  books,  papers  documents  or  information  bear- 
ing upon  such  investigation.  If  any  railroad  company,  or 
such  other  person  or  corporation  shall  refuse  to  permit  the 
commissioners  or  either  of  them,  or  any  person  authorized 
thereto  as  aforesaid,  to  examine  its  books  and  papers,  or 
other  documents  as  aforesaid,  such  railroad  company  or 
other  person  or  corporation  shall,  for  each  offense,  pay  to 
the  State  of  Indiana  not  less  than  $100  nor  more  than  $500 
for  each  day  it  or  he  shall  so  fail  or  refuse;  provided,  that 
any  person  other  than  one  of  said  commissioners  who  shall 
make  any  such  demands  shall  produce  his  authority,  under 
the  seal  of  said  commission,  to  make  such  inspection. 

(a)  Any  officer,  agent  or  employe  of  any  railroad  com- 
pany or  any  other  person  or  corporation  who  shall  upon 
proper  demand,  fail  or  refuse  to  exhibit  to  the  commis- 
sioners or  either  of  them,  or  any  person  authorized  to  in- 
vestigate the  same,  any  book,  paper,  or  other  documents 
of  such  railroad  company  or  any  other  person  or  corpora- 
tion which  is  in  the  possession  or  under  the  control  of  such 
officer,  agent  or  employe,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  in  any  court  having  juris- 
diction thereof,  shall  be'  fined  for  each  offense  a  sum  not 
less  than  $100  and  not  to  exceed  $500. 

Freight  classification  —  Passenger  rates  —  Schedules. 
§5540.  10  [as  amended  by  Act  approved  March  6,  1911]. 
The  classification  of  freight  on  all  railroads  in  this  State 
shall  be  uniform,  and  every  such  carrier  shall  print  in  plain 
type  and  file  with  the  commission,  within  60  days  after  this 
Act  goes  into  effect,  unless  the  commission,  for  cause  shown, 
shall  extend  such  time,  schedules  which  shall  be  open 
to  public  inspection,  showing  all  rates,  fares  and  charges 
for  the  transportation  of  passengers  and  property,  and  for 
sleeping  and  parlor  car  service  and  accommodations,  and 
schedules  of  joint  rates  showing  all  joint  rates,  fares  and 
charges  for  the  transportaion  of  passengers  and  property, 
and  for  sleeping  and  parlor  car  service  and  accommoda- 
tions, and  of  any  service  in  connection  with  all  such  trans- 
portation which  it  has  established,  and  which  are  in  force 
at  that  time  between  all  points  in  this  State  upon  its  lines, 
or  any  line  controlled  or  operated  by  it,  and  upon  its  line 


456 


^AXioxAL  Association  of  Railway  Commissioxei!s 


or  any  one  or  more  connecting  lines,  and  such  carriers 
shall  file  with  such  commission,  within  such  time,  the  class- 
ification of  freight  in  force  on  its  line.  Such  carrier  shall 
also  file  with  the  commission  schedules  of  all  such  rates 
which  it  shall  adopt  and  put  into  effect  after  such  date,  and 
in  the  manner  here  provided,  at  least  two  days  before  the 
same  becomes  effective;  provided,  that  the  commission, 
upon  a  showing  made,  can  put  such  new  rates  into  effect 
at  once;  and  provided,  also,  that  all  such  schedules  of 
rates  shall  be  in  such  form  as  shall  be  prescribed  by  the 
Interstate  Commerce  Commission.  Every  such  schedule  of 
joint  rates  so  filed  shall  name  the  carriers  parties  thereto, 
and  the  carrier  publishing  and  filing  the  same  shall  pro- 
cure the  concurrence  of  the  connecting  carriers  thereto 
and  deliver  copies  thereof  to  the  connecting  carriers  so 
named.  Every  such  carrier  shall  publish  with  and  as  a 
part  of  such  schedule  all  rules  and  regulations  that  in  any 
manner  affect  the  rates  charged,  or  to  be  charged,  for  the 
transportation  of  passengers  or  property,  and  all  switching, 
terminal  or  transfer  service,  or  for  rendering  any  other 
service  in  connection  with  the  transportation  of  persons 
or  property,  and  the  said  carriers,  within  such  time,  shall 
file  with  such  commission  copies  of  all  switching  tariffs 
and  transfer  charges  in  force  at  any  terminal  or  junction 
point  upon  its  line  in  this  State.  A  copy  of  said  schedules, 
rules  and  regulations  and  switching  tariff,  for  the  use  of 
the  public  shall  be  filed  and  kept  on  file  in  every  depot,  sta- 
tion and  office  of  such  railroad  where  passengers  or  freight 
are  received  for  transportation,  and  where  an  agent  is  regu- 
larly maintained,  and  in  such  form  and  place  as  to  be  access- 
ible to  the  public  and  where  they  can  be  conveniently  in- 
spected. No  change  shall  be  made  in  any  /Such  schedules  or 
tariffs  after  the  same  have  been  so  filed,  or  in  any  classifica- 
tion of  freight,  except  upon  10  days'  notice  to  the  commis- 
sion, and  all  such  changes  shall  be  plainly  Indicated  upon 
the  schedule  so  filed  or  by  filing  new  schedules  in  lieu  there- 
of, 10  days  prior  to  the  time  same  are  to  become  effective; 
provided,  the  commission,  upon  application  by  any  carrier, 
may  prescribe  a  less  time  within  which  a  reduction  in 
any  such  rates  may  be  made.  Copies  of  all  such  new 
schedules  so  changing  rates  shall  be  filed  in  every  such  de- 
pot, as  herein  provided,  at  least  two  days  before  the  same 
go  into  effect.  All  schedules  of  rates  and  all  rules  and  reg- 
ulations for  the  transportation  of  passengers  and  property 
which  shall  be  adopted  by  such  commission,  as  herein  pro- 
vided, or  which  shall  be  ordered  observed  by  any  court, 
as  provided  in  this  Act,  shall  also  be  filed  in  such  depots, 
as  herein  directed.  Upon  demand  therefore  [therefor],  by 
the  commission,  every  such  carrier  shall  file  with  the  com- 
mission any  schedule  of  rates  in  force  on  its  line  for  the 
carriage  of  passengers  or  property  in  interstate  commerce 
to  enable  such  c  ommission  to  perform  the  duties  devolved 
upon  it  by  this  Act,  and  any  such  schedule  shall  be  filed 
within  five  days  after  the  same  has  been  demanded. 

(b)  It  is  hereby  declared  to  be  unlawful  for  any  such 
carrier  to  charge,  demand  or  collect,  directly  or  indirectly, 
for  the  transportation  of  passengers  or  property,  or  for  any 
other  service  performed  by  it  as  a  common  carrier,  any 
other  or  different  rate,  or  rates,  charge  or  charges,  than 
the  rate  named  and  fixed  in  the  schedules  and  tariffs  re- 
quired to  be  and  filed  with  such  commission,  as  provided 
in  this  Act,  or  to  charge,  demand  or  collect,  directly  or  in- 
directly, for  any  such  service  any  other  or  different  rate  or 
rates,  charge  or  charges  than  that  adopted  by  such  com- 
mission or  ordered  observed  by  any  court,  as  provided 
in  this  Act,  and  it  is  also  hereby  declared  to  be  unlawful  for 
any  such  carrier  to  transport  any  passenger  or  property 
between  points  in  this  State,  or  to  perform  any  other  serv- 
ice as  a  common  carrier,  without  first  having  filed  with 
such  commission,  as  required  by  this  Act,  a  schedule  of  the 
rates  which  it  proposes  to  charge  for  any  such  service; 
provided,  that  in  special  cases,  where  it  is  necessary  for 
property  to  be  transported,  or  other  service  as  a  common 
carrier  t)  be  rendered,  at  once  by  such  carriers,  and  no 
rates  for  the  transportation  of  the  same  or  such  other  serv- 
ice are  applicable  thereto,  and  the  emergency  is  such  that 
a  rate  therefor  can  not  be  published  and  filed  according 
to  law,  the  commission  may,  upon  request  of  any  interested 
carrier  or  shipper,  permit  the  carrier  to  transport  such 
property  or  render  such  service  upon  a  rate  or  rates  then 
determined  by  the  commission,  or  in  its  discretion  said 
commission  may  permit  such  transportation  or  other  serv- 
ice, the  rate  to  be  thereafter  reasonably  adjusted  by  the 
shipper  and  carrier,  subject  to  the  approval  of  the  commis- 
sion; provided,  that  said  carrier  shall,  as  soon  as  possible 


T^ffl" 


after  making  such  request  of  said  commission,  file  with  It 
a  schedule  of  rates  covering  the  future  transportation  of 
such  property,  or  such  other  service  performed  as  a  com- 
mon carrier. 

Information,  how  obtained  —  Penalty  —  Interstate  com- 
merce— Bill  of  lading.  §  5541  [as  amended  by  Act  approved 
March  6,  1911].  The  said  commission  shall  have  power  to 
elicit  all  Information  deemed  by  it  necessary  to  the  hear- 
ing and  consideration  of  any  complaint  made  to  said  com- 
mission and  shall  have  power  to  elicit  from  any  railroad 
company  or  companies,  or  any  other  person  or  corporation 
to  be  affected  by  any  such  investigation  any  and  all  infor- 
mation necessary  to  the  consideration  and  determination 
of  any  and  all  questions  over  which  the  commission  shall 
have  jurisdiction,  and  for  said  purpose  said  commission 
may  submit  blanks  provided  for  the  purpose  of  eliciting 
such  information  or  may  submit  written  interrogatories  to 
such  railroad  company  or  companies,  or  person  or  corpora- 
tion, and  said  blanks  shall  be  properly  filled  out  and  said 
interrogatories  so  answered  as  to  answer  fully  and  cor- 
rectly each  question  therein  propounded,  and  in  case  thv.y 
are  unable  to  answer  any  question  they  shall  give  a  satis- 
factory reason  for  their  failure,  and  their  said  answers, 
duly  sworn  to  by  the  proper  officers  of  said  company  or 
corporation  or  by  said  person,  shall  be  returned  to  said 
commission  at  its  oflSce  in  the  city  of  Indianapolis  within 
the  time  fixed  therefor  by  the  commission  in  its  order,  cr 
said  commission  may  use  such  other  means  or  methods  c  f 
securing  such  information  as  may  be  deemed  expediert 
by  it. 

(a)  If  any  such  carrier,  its  officer  or  employe  or  aur 
other  person  or  corporation,  their  agents  or  employes,  as 
aforesaid,  shall  fail  or  refuse  to  fill  out  and  return  an-r 
blank  or  to  answer  any  interrogatories  as  above  requiret , 
or    fail    or    refuse   to   answer   any   questions    therein   pri- 
pounded,  or  give  a  false  answer  to  any  such  question,  o  • 
shall  evade  the  answer  to  any  such  question,  such  carriei . 
officer,  employe  or  person  shall  be  guilty  of  a  misdemeanoi . 
and  shall  on  conviction  thereof  be  fined  for  each  day  he  o  • 
it  shall  fail  to  perform  such  duty,  after  the  expiration  o  ' 
the  time  aforesaid,  a  penalty  of  $500,  and  the  commissioi 
shall  cause  a  prosecution  therefor  in  the  proper  court;  an< 
a  penalty  of  a  like  amount  shall  be  recovered  in  a  civi 
action  from  the  railroad  company  or  other  corporation  o: 
employe  when  it  appears  that  such  officer  or  employe  acte( 
in  obedience  to  the  directions  of  such  carrier  in  his  failun 
to  comply  with  the  order  of  the  commission. 

(aa)  Such  commission,  in  all  investigations  being  helc 
by  it,  and  in  all  proceedings  pending  before  it,  shall  hav( 
authority  to  require  any  such  carrier,  other  party  or  corpo 
ration,  to  produce  before  such  commission,  to  be  used  as 
evidence  in  such  investigation  or  proceedings,  any  book 
record,  contract,  letter,  paper  or  other  document  in  th( 
possession  or  under  the  control  or  subject  to  the  order  ol 
any  such  carrier,  other  party  or  corporation,  which  is  neces 
sary  or  proper  to  be  considered  in  evidence  in  any  such 
proceedings,  and  in  case  any  such  carrier  or  other  party  oi 
corporation  shall  fail  or  refuse  to  produce  the  same,  such 
carrier  or  other  party  or  corporation  shall  forfeit  and  paj 
to  the  State  of  Indiana  a  sum  not  less  than  $100  nor  more 
than  $500,  to  be  collected  as  provided  in  this  Act. 

(b)  The  commission  shall  make  an  annual  report  to 
the  governor,  which  shall  be  transmitted  to  him  on  or 
before  the  first  Wednesday  in  January.  The  report  shall 
include  such  statements,  suggestions  as  to  legislation,  facts 
and  explanations  as  will  disclose  the  actual  working  of  the 
system  of  railroad  transportation  in  its  bearing  upon  the 
business  and  prosperity  of  the  State  and  tend  to  improve 
the  same;  such  suggestions  as  to  its  general  railroad  pol- 
icy, or  any  part  thereof,  or  the  condition,  affairs  or  conduct 
of  any  railroad  corporation  as  may  seem  to  it  appropriate, 
and  such  tables  and  abstracts  of  all  the  returns  required 
to  be  made  by  railroad  corporations  as  it  considers  expe- 
dient. Such  report  shall  also  include  a  complete  account 
of  the  transactions  and  proceedings  of  the  commission,  to- 
gether with  a  full  detailed  statement  of  its  receipts  and 
expenditures,  and  shall  be  published  as  the  report  of  other 
State  officers  and  boards.  The  commission  shall  also  pub- 
lish, with  annotations,  for  the  information  of  the  public, 
the  laws  of  this  State  concerning  the  carriers  subject  to 
this  Act. 

(c)  When  on  the  complaint  of  any  interested  person 
or  corporation,  the  said  commission  shall,  on  the  investiga- 
tion of  such  complaint,  be  convinced  that  the  freight  rates 


Public  Service  Laws 


t57 


on  any  railroad  In  Indiana,  engaged  In  interstate  commerce, 
are  excessive  or  levied  or  laid  in  violation  of  the  interstate 
commerce  law  or  the  rules  and  regulations  of  the  Interstate 
Commerce  Commission,  the  superintendent,  agent  or  other 
official  o£  the  said  railroad  companies  shall  be  notified  in 
writing  of  the  facts  and  requested  to  reduce  or  correct 
them,  as  the  case  may  be.  When  the  rates  are  not  changed 
or  the  proper  corrections  are  not  made  according  to  the 
request  of  the  commission,  the  latter  is  authorized  and  em- 
powered to  notify  the  Interstate  Commerce  Commission  and 
to  apply  to  it  for  relief. 

(d)  Whenever  any  property  is  received  by  any  common 
carrier  subject  to  the  provisions  of  this  Act  to  be  trans- 
ported from  one  place  to  another  within  the  State,  it  shall, 
upon  demand  of  the  shipper,  issue  a  receipt  or  bill  of  lad- 
ing therefor,  naming  therein  the  classification  of  said 
freight  and  the  rate  of  freight  at  which  the  same  is  to  be 
carried,  and  it  shall  be  unlawful  for  such  common  carrier 
to  limit  by  contract  or  otherwise  the  negotiability  of  any 
bill  of  lading;  nor  shall  any  carrier  limit  or  change  its 
common-law  liability  by  contract  or  otherwise,  as  to  its 
responsibility  for  the  negligent  act  of  its  agents  and  ser- 
vants with  reference  to  property  in  its  custody  as  a  com- 
mon carrier;  provided,  that  nothing  herein  contained  shall 
be  so  construed  as  to  abridge,  or  in  anywise  lessen  the  lia- 
bility of  any  such  carrier  as  it  now  is  under  existing  laws, 
nor  as  to  prevent  such  carrier  from  issuing  a  non-negotiable 
bill  of  lading  for  delivery  only  to  the  person  named  therein. 
All  statements  rendered  for  transportation  charges  shall 
show  character  of  shipments,  weight,  rate  and  charges  be- 
fore demanding  payment. 

Witnesses — Attachment — Contempt — Deposition.  §  5542 
[as  amended  by  Act  approved  March  6,  1911].  For  the  pur- 
poses of  this  Act  the  commission  shall  have  power  to  re- 
quire, by  subpoena,  the  attendance  and  testimony  of  wit- 
nesses and  the  production  of  all  books,  papers,  tariffs,  con- 
tracts, agreements  and  documents  relating  to  any  matter 
under  investigation,  or  in  any  proceeding  pending  before 
it.  Such  attendance  of  the  witnesses  and  the  production  of 
such  documentary  evidence  may  be  required  at  any  desig- 
nated place  of  hearing  in  this  State.  And  in  case  of  dis- 
obedience to  a  subpoena,  the  commission  or  any  party  to  a 
proceeding  before  the  commission  may  invoke  the  aid  of 
any  Circuit  Court  of  this  State  in  requiring  the  attendance 
and  testimony  of  witnesses  and  the  production  of  books, 
papers  and  documents  under  this  provision.  And  any  of 
the  Circuit  Courts  of  this  State,  within  the  jurisdiction  of 
which  any  such  inquiry  or  hearing  Is  carried  on,  may,  in 
case  of  contumacy  or  refusal  to  obey  a  subpoena  issued  to 
any  such  carrier  subject  to  the  provisions  of  this  Act,  or 
other  person,  issue  an  order  requiring  such  carrier  or  other 
person  to  appear  before  such  commission  and  produce  books 
and  papers,  if  so  ordered,  and  give  evidence  touching  the 
matter  in  question;  and  any  failure  to  obey  such  order  of 
the  court  may  be  punished  by  such  court  as  a  contempt 
thereof.  The  claim  that  any  such  testimony  or  evidence 
may  tend  to  criminate  the  person  giving  such  evidence 
shall  not  excuse  such  witness  from  testifying,  but  such 
evidence  or  testimony  shall  not  be  used  against  such  person 
on  the  trial  of  any  criminal  proceeding,  nor  shall  any  such 
witness  so  compelled  to  testify  against  himself  be  thereafter 
presented  for  any  crime  concerning  which  he  has  been  com- 
pelled to  give  testimony.  Instead  of  requiring  the  personal 
attendance  of  any  witness,  his  deposition  may  be  taken  at 
the  instance  of  a  party  in  any  proceeding  or  investigation 
pending  before  the  commission  at  any  time  after  such  in- 
vestigation has  been  commenced,  or  after  any  such  com- 
plaint has  been  filed  and  notice  thereof  duly  served.  The 
commission  may  also  order  testimony  to  be  taken  by  depo- 
sition in  any  proceeding  or  investigation  pending  before  it 
at  any  stage  of  such  proceeding  or  investigation.  Such 
deposition  shall  be  taken,  certified  and  published  in  the 
manner  now  provided  by  the  laws  of  this  State  concerning 
the  procedure  In  civil  cases,  or  in  such  other  manner  as 
the  commission,  in  its  order,  may  direct.  And  any  person 
whose  deposition  is  being  so  taken  may  be  compelled  to 
appear  and  depose  and  to  produce  documentary  evidence  in 
the  same  manner  as  witnesses  may  be  compelled  to  appear 
and  testify  and  produce  documentary  evidence  before  the 
commission  as  hereinbefore  provided.  In  case  any  witness 
who  is  sought  to  be  examined  by  the  railroad  commission 
at  any  hearing  or  investigation  conducted  by  or  proceeding 
pending  before  it  shall  refuse  to  answer  any  question  ad- 
dressed to  such  witness  by  such  commission  pertinent  to 


the  matter  then  being  heard  or  investigated,  or  shall  refuse 
to  produce  a  book,  paper  or  other  document  or  documents 
in  his  possession  or  power  and  pertinent  to  such  matter, 
and  required  by  said  commission  to  be  produced  before  It, 
or  shall  decline  to  testify  before  such  commission,  said  com- 
mission may  report  such  fact  to  any  Circuit  or  Superior 
Court  of  the  county  wherein  such  hearing,  investigation  or 
proceeding  is  being  conducted,  or  to  the  judge  thereof  in 
vacation,  and  such  court  or  judge  shall  thereupon  order 
such  witness  to  answer  such  question  or  questions  and  pro- 
duce such  book,  paper  or  other  document  or  documents 
before  said  commission,  or  give  testimony  in  such  hearing, 
investigation  or  proceeding,  and  on  failure  or  refusal  to 
obey  such  order,  such  witness  shall  be  dealt  with  by  such 
Circuit  or  Superior  Court  or  judge  thereof  in  vacation  as 
for  contempt. 

Penalties.  §  5543.  13.  Every  carrier  subject  hereto 
which  shall  knowingly  and  wilfully  do  any  act  which  Is 
herein  forbidden  and  declared  to  be  unlawful,  and  every 
carrier  subject  hereto  which  shall  knowingly  and  wilfully 
fail  to  do  any  act  herein  required  to  be  done  by  it,  the  fail- 
ure to  perform  which  is  herein  declared  to  be  unlawful, 
shall  forfeit  and  pay  to  the  State  of  Indiana  a  penalty  of 
not  less  than  $100  nor  more  than  $1,000,  to  be  collected  as 
provided  in  this  Act. 

(b)  Every  such  carrier  which  shall  fail  to  comply  with 
any  final  order  made  against  it  by  such  commission  in  any 
proceeding  pending  before  such  commission,  in  which  any 
such  carrier  is  a  party,  unless  such  order  is  suspended, 
annulled  or  set  aside  by  some  court  of  competent  jurisdic- 
tion as  provided  in  this  Act,  shall  forfeit  and  pay  to  the 
State  of  Indiana  for  each  violation  of  any  such  order  a 
penalty  of  not  less  than  $100  nor  more  than  $1,000,  to  be 
collected  as  provided  in  this  Act. 

(c)  Every  carrier  subject  to  this  Act  which  shall  here- 
after knowingly  and  wilfully  charge,  collect,  demand  or 
receive  from  any  person,  company,  firm  or  corporation, 
directly  or  indirectly,  a  greater  or  less  rate,  charge  or  com- 
pensation for  the  transportation  of  persons  or  property,  or 
for  any  service  performed,  or  to  be  performed,  by  any  such 
carrier,  than  that  fixed  and  specified  In  the  schedule  ot 
rates  filed  with  such  commission  as  provided  in  this  Act 
or  the  schedule  of  rates  fixed  and  adopted  by  such  commis- 
sion as  provided  in  this  Act,  or  the  schedule  of  rates  ob- 
served by  any  court  of  this  State  as  provided  in  this  Act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  in  any  court  of  this  State  having  jurisdiction  shall 
be  fined  in  a  sum  not  less  than  $500  nor  more  than  $5,000. 
(As  amended.  Acts  1907,  p.  454.) 

Unjust  discrimination  —  Penalty  —  Passed.  §  5544. 
(5405o.)  14.  If  any  railroad  subject  hereto,  directly  or 
indirectly,  or  by  any  special  rate,  rebate,  drawback  or  other 
device,  shall  charge,  demand,  collect  or  receive  from  any 
person,  firm  or  corporation  a  greater  or  less  compensation 
for  any  service  rendered  or  to  be  rendered  by  it  than  it 
charges,  demands,  collects  or  receives  from  any  other  per- 
son, firm  or  corporation  for  doing  a  like  and  contempora- 
neous service  in  the  transportation  of  a  like  kind  of  traflac 
under  substantially  similar  circumstances  and  conditions, 
such  railroad  shall  be  deemed  guilty  of  unjust  discrimina- 
tion, which  is  hereby  prohibited. 

(a)  It  shall  also  be  an  unjust  discrimination  for  any 
such  railroad  company  to  make  or  give  any  undue  or  unrea- 
sonable preference  or  advantage  to  any  particular  person, 
firm,  corporation  or  locality,  in  connection  with  the  trans- 
portation of  any  persons  or  property,  or  to  subject  any  par- 
ticular kind  of  traffic  or  any  particular  person,  place  or 
locality  to  any  undue  or  unreasonable  prejudice,  delay  or 
disadvantage  in  any  respect  whatsoever. 

(b)  Every  railroad  company  which  shall  fail  or  refuse 
to  receive  and  transport  without  unreasonable  delay  or  dis- 
crimination the  passengers,  tonnage  and  cars,  loaded  or 
empty,  of  any  connecting  carrier,  and  every  railroad  com- 
pany which  shall  fail  or  refuse  to  transport  and  deliver 
without  unreasonable  delay  or  discrimination  any  passen- 
gers, tonnage  or  cars,  loaded  or  empty,  destined  to  any 
point  on  or  over  the  line  of  any  connecting  line  of  railroad, 
shall  be  deemed  guilty  of  unjust  discrimination;  provided, 
that  perishable  freights  of  all  kinds  and  live  stock  shall 
have  precedence  of  shipment. 

(c)  It  shall  also  be  unjust  discrimination  for  any  car- 
rier subject  hereto  to  charge  or  receive  any  greater  com- 
pensation in  the  aggregate  for  the  transportation  of  like 
kinds  of  property  or  passengers  for  a  shorter  than  for  a 


458 


JSa'jjonai.  Association  of  Haii-way  I  oiiMissio\F.i:s 


longer  distance  over  the  same  line.  In  the  same  direction, 
the  shorter  distance  being  included  in  the  longer;  provided, 
however,  that  in  case  where  two  or  more  carriers  have 
lines  between  common  points  in  this  State,  and  the  line 
of  one  of  such  carriers  is  shorter  than  the  other,  then  the 
carrier  having  the  longer  line  between  any  two  such 
common  points  may  meet  the  rates  between  such  common 
points  which  are  established  by  the  route  having  the 
shorter  line;  provided,  there  is  bona  fide  and  actual  compe- 
tition between  such  two  routes  for  the  business  between 
such  common  points;  provided,  further,  that  upon  applica- 
tion to  the  commission  it  may,  for  the  purpose  of  prevent- 
ing manifest  injury,  authorize  any  such  carrier  to  charge 
less  for  longer  than  for  shorter  distances  for  transporting 
persons  and  property;  provided,  that  no  manifest  injustice 
shall  be  imposed  upon  persons,  property  and  places  at  inter- 
mediate points;  provided,  further,  that  nothing  herein  shall 
be  so  constructed  as  to  prevent  the  commission  from  ap- 
proving what  are  known  as  "group  rates"  on  any  of  the 
railroads  in  this  State. 

(d)  Any  railroad  company  violating  any  provisions  of 
this  section  shall  be  deemed  guilty  of  unjust  discrimina- 
tion, and  shall  for  such  offense  pay  to  the  State  of  Indiana 
a  penalty  of  not  less  than  $500  nor  more  than  $5,000,  to  be 
recovered  in  a  civil  action  instituted  for  that  purpose  in 
a  court  of  competent  jurisdiction. 

(e)  No  carrier  subject  to  the  provisions  of  this  Act 
shall  directly  or  indirectly  issue  or  give  any  free  ticket, 
free  pass  or  free  transportation  for  passengers,  freight  or 
expense,  or  for  service  or  accommodation  in  any  sleeping 
car,  parlor  or  dining  car,  except  to  its  employes  and  mem- 
bers of  their  families,  and  the  widow  and  dependent  mem- 
bers of  the  families  of  deceased  employes,  its  ofiBcers,  agents, 
surgeons,  physicians  and  lawyers  and  members  of  their 
families;  to  ministers  of  religion,  traveling  secretaries  of 
the  Young  Men's  Christian  Association  and  the  Young 
Woman's  Christian  Association,  Inmates  of  hospitals  and 
charitable  and  eleemosynary  institutions  and  persons  exclu- 
sively engaged  in  charitable  and  eleemosynary  work;  to 
aged  destituted  and  homeless  persons,  and  to  such  persons 
transported  by  charitable  societies  or  hospitals,  and  the 
necessary  agents  employed  in  such  transportation;  to  in- 
mates of  the  national  homes,  or  State  homes  for  disabled 
volunteer  soldiers,  and  of  soldiers'  and  sailors'  homes,  in- 
cluding those  about  to  enter  and  those  returning  after  dis- 
charge, and  boards  of  managers  of  such  homes;  to  neces- 
sary caretakers  of  live  stock,  poultry,  fruit  and  vegetables 
during  the  transportation  of  the  same;  to  employes  of 
sleeping  cars,  express  cars  and  to  linemen  and  other  em- 
ployes and  officers  of  the  telegraph  and  telephone  compa- 
nies when  traveling  on  business  incident  to  telegraph 
or  telephone  construction,  maintenance  or  operation; 
to  railway  mail  service  employes,  to  newsboys  on 
trains,  baggage  agents,  witnesses  attending  any  legal  inves- 
tigation in  which  the  carrier  is  interested,  persons  injured 
or  killed  in  railroad  accidents,  and  their  attendants  and 
physicans  and  nurses  attending  such  persons;  to  contract- 
ors, and  their  employes  while  performing  work,  under  writ- 
ten contract,  on  the  line  of  the  carrier  by  which  the  trans- 
portation is  given,  and  to  publishers  of  newspapers  for 
printing  and  advertising  performed  under  written  contract; 
provided,  that  no  such  exception  shall  apply  to  a  public 
officer  of  this  State,  other  than  those  mentioned  and  nota- 
ries public,  and  provided  that  this  provision  shall  not  be 
construed  to  prohibit  the  interchange  of  passes  for  the 
officers  and  agents  and  employes  of  such  carriers  and  their 
families,  nor  to  prohibit  any  such  carrier  from  carrying 
passengers,  freight  or  express  free  with  the  object  of  pro- 
viding relief  in  cases  of  general  epidemic,  pestilence  or 
other  calamitous  visitations,  nor  to  prohibit  the  free  car- 
riage by  any  such  carrier  of  children  less  than  five  years 
old  when  accompanied  by  an  adult;  provided,  further,  that 
the  provisions  of  this  paragraph  shall  not  apply  to  any  pass 
legally  Issued  for  the  year  1907,  or  any  part  thereof,  here- 
tofore issued  and  given,  nor  shall  this  provision  apply  to 
parties  carried  for  the  purpose  of  inspecting  the  carrier's 
line  with  a  view  to  investing  in  its  securities  or  the  im- 
provement of  its  property,  or  to  policemen  or  other  peace 
officers  while  in  uniform  within  their  respective  towns  and 
cities.     (As  amended.  Acts  1907,  p.  454.) 

False  billing — Rebate — Misdemeanor  —  Penalty.  §5545. 
(5405p.)  15.  If  any  agent,  officer  or  employe  of  any  such 
carrier  shall  intentionally,  directly  or  indirectly,  by  any 
special  rate,  rebate,  drawback,  or  by  means  of  false  billing, 


false  classification,  false  weighing,  or  by  any  other  device 
whatsoever,  charge,  demand,  collect  or  receive  from  any 
person,  firm  or  corporation,  a  greater  or  less  compensation 
for  any  service  rendered,  or  to  be  rendered,  by  any  such 
carrier  for  the  transportation  of  persons  or  property,  or 
for  any  other  service  performed  by  such  carrier  than  that 
prescribed  in  the  published  tariffs  then  in  force  and  on 
file  with  the  commission,  or  which  have  theretofore  been 
established  by  such  commission,  or  ordered  to  be  observed 
by  any  court,  as  provided  in  this  Act,  then  and  in  such 
case  any  such  agent,  officer  or  employe  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  $100  nor  more  than  $2,000,  to  which  may  be  added 
imprisonment  in  the  county  jail  not  exceeding  one  year,  in 
the  discretion  of  the  court  or  jury  trying  the  cause. 

(b)  If  any  person,  or  the  agent  or  employe  of  any 
person,  or  any  member  of  any  firm,  or  any  corporation,  or 
any  officer,  agent  or  employe  of  any  firm  or  corporation 
eftiall  intentionally  accept  or  receive  any  rebate  or  conces- 
sion in  respect  to  the  transportation  of  persons  and  prop- 
erty by  any  such  carrier,  wholly  within  this  State,  or  for 
any  other  service  performed  by  such  carrier  in  con- 
nection therewith  whereby  any  such  persons  or  prop- 
erty shall,  by  false  billing,  false  classification,  falise 
weighing,  or  any  other  device  whatsoever,  be  transportatcd 
(transported)  at  a  less  rate  than  that  prescribed  in  tlie 
published  tariffs  then  in  force  and  on  file  with  the  com- 
mission, or  which  have  theretofore  been  established  by  such 
commission,  or  order  to  be  observed  by  any  court,  as  pro- 
vided in  this  Act,  then  every  such  person  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction,  thereof  shall  le 
fined  In  any  sum  not  less  than  $100  nor  more  than  $2,00' i, 
to  which  may  be  added  imprisonment  in  the  county  ja  1 
not  exceeding  one  year,  in  the  discretion  of  the  court  or 
jury  trying  the  cause.     (As  amended.  Acts  1907,  p.  454.) 

Unlawful  act—Civil  damages.     §  5546.     (5405q.)     16.    1 1 
case  any  railroad   company  subject  to   this  Act  shall   d< , 
cause  to  be  done,  or  permit  to  be  done,  any  matter,  act  o  • 
thing  in  this  Act  prohibited  or  declared  to  be  unlawfu: , 
or  shall  omit  to  do  any  act,  matter  or  thing  herein  require^  I 
to  be  done  by  it,  such  railroad  company  shall  be  liable  t- 
the  person  or  persons,  firm  or  corporation  injured  thereb; 
for  the  damages  sustained   in  consequence  of  such  viola 
tions,  and  in  case  said  railroad  company  shall  be  guilty  o 
extortion  or  discrimination  as  by  this  Act  defined,  then,  ii 
addition  to  such  damages,  such  railroad  company  shall  pa: 
to  the  person,  firm  or  corporation  injured  thereby  a  penalt; 
of  not  less  than  $100  nor  more  than  $500,  to  be  recoverec 
by  civil  action  in  any  court  of  competent  jurisdiction  in  anj 
county  into  or  through  which  such  railroad  may  run;  pro 
vided,  that  such  company  may  plead  and  prove  as  a  defense 
to  the  action  for  such  penalty  that  such  overcharge  was  un 
intentionally   and   innocently  made  through  a  mistake  o: 
fact;  provided,  that  such  recovery  as  herein  provided  shal 
in  no  manner  affect  a  recovery  by  the  State  of  any  penaltj 
provided  for  such  violation. 

Violation  of  duty— Penalty— Civil  action.  §5547.  (5405r.) 
17.  If  any  railroad  company  as  aforesaid  shall  wilfully 
violate  any  other  provision  of  this  Act  and  shall  do  any 
other  Act  herein  prohibited,  or  shall  fail  or  refuse  to  per- 
form any  other  duty  enjoined  upon  It  for  which  a  penalty 
has  not  herein  been  provided,  for  every  such  act  of  violation 
it  shall  pay  the  State  of  Indiana  a  penalty  of  not  more  than 
$1,000,  to  be  recovered  in  a  civil  suit  to  be  instituted  for 
that  purpose  in  'any  court  of  competent  jursidiction. 

Recovery  of  penalties.  §  5548.  (5405s.)  18.  All  penal- 
ties and  forfeitures  provided  for  in  this  Act,  except  as 
otherwise  provided  herein,  shall  be  recovered  and  suits 
therefor  shall  be  brought  by  and  in  the  name  of  the  rail- 
road commission  of  Indiana,  for  the  use  of  the  State  of 
Indiana,  in  any  Circuit  or  Superior  Court  of  any  county 
into  or  through  which  any  such  carrier  may  operate.  In 
case  of  a  recovery,  the  court  or  jury  trying  the  cause  shall 
allow  to  the  commission  a  docket  fee  of  $50  for  each  penalty 
recovered,  to  be  applied  to  attorney's  fee  and  expenses  of 
the  litigation.  All  penalties  recovered  by  the  State  under 
this  Act  shall  be  paid  into  the  treasury  of  the  State.  (As 
amended.  Acts  1907,  p.  454.) 

Evidence  as  to  rates,  rules  —  Certified  copies.  §  5549. 
(5405t.)  19.  Upon  application  of  any  person,  the  commis- 
sion shall  furnish  certified  copies  of  any  classification, 
rates,  rules,  regulations  or  order,  and  such  certified  or 
printed  copies  published  by  authority  of  the  commission 


Public  Service  liAws 


459 


shall  be  admissible  in  evidence  in  any  suit  and  sufficient 
to  establish  the  fact  that  any  charge,  rate,  rule,  order  or 
classification  therein  contained  and  which  may  be  at  issue 
iu  the  trial  is  the  official  Act  of  the  commission.  A  sub- 
stantial compliance  with  the  requirements  of  this  Act  shall 
be  sufficient  to  give  effect  to  all  the  classifications,  rates, 
charges,  rules,  regulations,  requirements  and  orders  made 
and  established  by  the  commission,  and  none  of  them 
shall  be  declared  inoperative  for  any  omission  of  a  techni- 
cal jnatter  in  the  performance  of  such  act.  The  secretary 
of  the  commission  shall  charge  for  all  such  certified  copies 
and  transcripts,  except  those  ordered  delivered  by  direc- 
tion of  the  commission,  such  sums  as  the  commission  may 
order,  and  all  funds  coming  into  the  hands  of  the  secre- 
tary on  account  of  (such)  any  such  charges  made  bs  him, 
and  from  all  other  sources  and  due  to  the  commission,  shall 
be  by  the  secretary  daily  paid  into  the  State  treasury.  (As 
amended.  Acts  1907,  p.  454.)     . 

Enforcement — Prosecution.  §5550.  (5405u.)  20.  The 
commission  shall  have  authority  to  inquire  into  the  man- 
agement of  the  business  of  all  common  carriers  subject  to 
the  provisions  of  this  Act,  and  shall  keep  itself  informed 
as  to  the  manner  and  method  in  which  the  same  is  con- 
ducted, and  shall  have  the  right  to  obtain  from  such  car- 
riers full  and  complete  information  necessary  to  enable  it 
to  perform  the  duties  and  carry  out  the  objects  for  which 
it  was  created.  And  the  commission  is  hereby  authorized 
and  required  to  enforce  this  Act,  and  all  other  laws  of  this 
State,  the  enforcement  of  which  is  devolved  upon  such 
commission,  and  such  other  laws  of  this  State  as  shall 
prescribe  the  duties  and  obligations  and  regulate  the  con- 
duct of  the  carriers  subject  hereto  in  their  dealings  with 
the  public  and  each  other  as  common  carriers  of  passen- 
gers and  property  in  this  State,  and  to  enable  the  commis- 
sion so  to  do  it  is  hereby  given  full  power  and  authority  to 
institute  and  prosecute  in  its  name  any  appropriate  action 
at  law,  or  suit  in  equity,  in  any  Circuit  or  Superior  Court 
of  this  State,  against  any  such  carrier  to  compel  it  to 
observe  the  requirements  of  this  Act,  and  all  other  laws 
of  this  State,  and  the  orders  of  the  commission  duly  made 
pursuant  to  this  Act,  or  any  other  law  of  this  State,  and  all 
orders  and  judgments  of  any  court  in  this  State  made 
pursuant  to  this  Act;  or  to  restrain  any  such  carrier  from 
the  further  continuance  of  any  act  or  practice  suffered 
or  authorized  by  it  in  violation  of  the  provisions  of  this 
Act,  the  other  laws  of  this  State,  the  orders  of  the  com- 
mission, or  of  any  court  made  pursuant  to  this  Act,  and  the 
costs  and  expenses  of  such  proceedings  shall  be  audited 
and  approved  by  the  auditor  of  State,  and  paid  as  provided 
in  this  Act.     (As  amended.  Acts  1907,  p.  454.) 

Terms  de'fined  —  Express  companies  —  Street  railroads. 
§5551.  (5405V.)  21.  The  provisions  of  this  Act  shall  ap- 
ply only  to  the  transportation,  of  passengers  and  property 
between  points  within  this  State,  and  to  the  receiving, 
switching,  delivering,  storing  and  handling  of  such  prop- 
erty, and  to  all  charges  connected  therewith,  including 
icing  and  mileage  charges.  This  Act  shall  apply  to  all 
corporations,  individuals,  associations  of  individuals,  their 
lessees,  trustees  or  receivers,  appointed  by  any  court  that 
now,  or  may  hereafter  own,  operate,  manage  or  control 
any  railroad,  electric  interurban  or  suburban  railroad,  or 
part  of  any  such  railroad  as  a  common  carrier  in  this 
State,  or  cars,  car  companies,  freight  and  freight  line 
companies,  private  tracks  and  sidings,  when  controlled  or 
used  by  any  such  common  carrier,  or  other  equipment 
used  thereon,  or  bridges,  terminals,  or  sidetracks  or  any 
docks  or  wharves,  or  storage  elevators  used  in  connection 
therewith,  whether  owned  by  such  railroad,  or  otherwise. 
All  the  provisions  of  this  Act  shall  also  apply  to  all  such 
corporations,  companies,  individuals,  association  of  indi- 
viduals, their  lessees,  trustees,  or  receivers,  appointed  by 
any  court,  as  shall  be  engaged  in  the  express  business  or 
Bleeping  car  business,  and  this  Act  shall  apply  also  to  all 
express  companies  and  sleeping  car  companies.  The  term 
"carrier"  or  "carriers,"  "railroad  company,"  or  "railway," 
or  "railway  company"  whenever  used  in  this  Act,  shall 
for  the  purpose  of  this  Act  and  except  as  otherwise  herein 
provided  be  held  to  mean  and  refer  to  all  such  railroads, 
electric  interurbans,  or  suburban  railroads,  express  com- 
panies and  sleeping  car  companies  so  subject  to  the  pro- 
visions of  this  Act.  The  provisions  of  this  Act  shall  not 
apply  to  street  railroads  engaged  solely  in  the  carriage 
of  passengers  within  the  limits  of  any  cities  or  towns  in 
this  State.     The  provisions  of  this  Act  shall  not  apply  to 


any  street  railway  company  in  so  far  as  it  may  engage  in 
the  carriage  of  passengers  in  its  local  town  or  city  cars 
within  the  limits  of  any  town  or  cities  of  this  State  or 
their  suburbs.     (As  amended.  Acts  1907,  p.  454.) 

Right  of  action.  §5552.  (5405w.)  22.  This  Act  shall 
not  have  the  effect  to  release  or  waive  any  right  of  action 
by  the  State  or  any  person  for  any  right,  penalty  or  forfeit- 
ure which  may  have  arisen  or  may  hereafter  arise  under 
any  law  of  this  State;  and  all  penalties  accruing  under  thi» 
Act  shall  be  cumulative  of  each  other,  and  a  suit  for  or 
recovery  of  one  shall  not  be  a  bar  to  the  recovery  of  any 
other  penalty. 

Accidents  —  Reports  —  Inquiries  —  Crossings  —  Depots. 
§  5553.  (5405x.)  23  [as  amended  by  Act  approved  March  2, 
1911].  It  shall  be  the  duty  of  said  commission  to  keep  in- 
formed as  to  the  condition  of  railroads  and  railways  and 
the  manner  in  which  they  are  operated  with  reference  to 
the  security  and  accommodation  of  the  public,  and  as 
to  the  compliance  of  the  several  corporations  with  their 
charters  and  the  laws  of  the  State. 

(a)  Every  railroad  company  subject  hereto  shall  re- 
port to  the  commission  by  telegraph  or  telephone  as  soon 
as  possible  after  it  has  occurred,  every  accident  and  the 
general  cause  thereof,  involving  loss  of  life,  or  serious 
injury  to  passenger  or  employe,  and  within  20  days  after 
such  accident  the  company  shall  make  a  full  report  of  the 
cause  thereof  to  the  commission  and  the  commission  shall 
investigate  in  such  manner  and  by  such  persons,  as  it 
may  deem  best,  the  causes  of  any  accident  on  any  railroad 
involving  loss  of  life,  and  every  corporation  at  all  times 
shall  furnish  to  the  commission,  its  appointees,  or  its  in- 
spectors, any  information  relative  to  such  accidents.  Such 
reports  and  information  shall  not  be  used  in  the  trial  of 
any  suits  for  damages  arising  out  of  said  accidents,  and  the 
commission  shall  not  give  publicity  to  such  information 
if  in  its  judgment  the  public  interests  do  not  require  it. 
After  such  investigation,  the  said  commission  shall  make 
a  report  to  the  railroad  company  of  its  conclusion  and  rec- 
ommendations regarding  such  accidents  and  the  causes 
thereof,  and  the  proper  steps  to  be  taken  by  the  railroad 
company  to  prevent  like  accidents,  and  unless  the  railroad 
company  shall  in  a  reasonable  time  comply  with  and  carry 
out  said  recommendations,  said  commission  shall  make  the 
same  public,  if  it  shall  deem  best  so  to  do,  by  publishing 
the  same  in  any  newspaper  or  newspapers  in  the  State,  or 
in  the  locality  where  the  accident  took  place. 

(b)  Whenever  said  commission  shall  secure  reliable  in- 
formation, or  complaint  shall  have  been  made,  or,  because 
of  reports  made  by  its  inspectors,  shall  have  reason  to 
believe,  that  any  carrier  in  this  State  does  not  keep  its 
road  or  equipment  in  proper  condition  and  repair  for  the 
security  of  its  employes  or  the  public,  or  that  any  carrier 
as  now  required  by  law  does  not  maintain  adequate  and 
suitable  passenger  depot  buildings  and  platforms,  saT3  de- 
pots with  the  passage  way  to  the  adjacent  street  to  be  well 
lighted,  to  be  kept  well  heated  and  in  approved  sanitary 
condition,  supplied  with  wholesome  water  and  closets  for 
men  and  women,  and  kept  open  at  least  one  hour  before 
and  15  minutes  after  the  arrival  of  each  passenger  train 
stopping  at  said  station;  or  that  any  carrier  does  not 
keep  its  passenger  cars  well  cleaned  and  in  good  sanitary 
condition,  well  lighted  and  properly  heated,  and  supplied 
with  closets  for  men  and  women;  or  that  any  carrier  does 
not  keep  and  maintain  adequate  and  suitable  freight  de- 
pots, buildings,  switches  and  sidetracks  for  the  receiving, 
protecting,  handling,  forwarding  and  delivery  of  all  freight 
olfered  for  shipment  or  received  at  said  stations;  or  that 
any  carrier  or  carriers  do  not  so  run,  operate  or  schedule 
their  passenger  trains  as  to  make  reasonable  and  proper 
connections  at  places  where  they  intersect  each  other;  or 
that  there  is  a  dangerous  defect  in  connection  with  the 
operation  of  any  railroad  or  in  any  railroad  bridge,  cul- 
vert, curve,  embankment,  water  tank,  crane,  frog,  railroad 
or  wagon  road  crossing,  ties  or  tracks,  motive  power,  sta- 
tions, rolling  stock,  machinery  or  in  any  roadbed  or  ground 
used  in  connection  with  the  operation  of  any  railroad,  or 
any  dangerous  neglect  or  fault  in  the  construction,  equip- 
ment or  management  of  any  railroad  within  the  State  of 
Indiana,  it  shall  be  the  duty  of  the  commission  to  cause 
such  investigation  to  be  made  as  it  may  deem  necessary, 
and  when  such  investigation  shall  have  been  made,  said 
railroad  commission  shall  make  a  report  to  the  manager 
or  superintendent  of  the  railroad  company.  In  said  report 
and  recommendations  the  commission  shall  make  an  accu- 


460 


iS'ATlOA'AL   AliSOUJATlO.S'    OF   J.iAlLWAY   (JOMMISSIOXEKS 


rate  statement  of  the  time  such  examination  was  made,  of 
the  exact  location,  character  and  extent  of  such  defects  or 
omissions,  if  any  such  shall  have  been  found,  and  shall 
also  recommend  such  reasonable  changes  and  improve- 
ments, additions,  buildings  and  accommodations,  as  are, 
in  the  opinion  of  the  commission,  necessary  to  remedy  such 
faults,  neglects,  requirements  or  defects.  Such  recommen- 
dations shall  set  out  specifically  a  reasonable  time  within 
which  such  improvements  or  changes,  or  additions,  shall  be 
made  by  the  railroad  company.  And  if  they  are  not  so 
made  within  said  time  so  specified,  then  the  commission. 
If  it  deem  it  best  so  to  do,  may  commence  proceedings  by 
mandamus,  or  other  remedy,  in  some  Circuit  or  Superior 
Court  having  jurisdiction  of  the  carriers,  to  enforce  com- 
pliance with  its  order.  All  courts.  Circuit,  Superior,  Ap- 
pellate or  Supreme,  as  shall  obtain  jurisdiction  in  these 
cases,  shall  give  preference  to  such  cases,  and  shall  hear 
and  determine  the  same  speedily  to  the  end  that  the  public 
Interests  may  not  suffer. 

(c)  If  two  or  more  railroad  corporations  whose  tracks 
cross  each  other  at  the  same  level,  agree  to  separate  the 
grades,  they  may  apply  to  the  commission,  which  shall 
thereupon  determine  when  and  in  what  manner  and  by 
which  corporation  said  work  and  each  portion  of  it  shall 
be  done,  and  shall  apportion  all  charges  and  expenses 
caused  by  making  such  alterations  and  all  future  charges 
for  keeping  the  necessary  structure  connected  therewith 
In  repair,  among  said  corporations.  For  said  purpose,  the 
corporations  may,  under  the  direction  of  the  commission, 
make  all  necessary  changes  in  the  location,  grade  and  con- 
struction of  said  railroad,  and  so  far  as  may  be  necessary 
may  take  additional  land  therefor,  and  may  raise,  lower  or 
otherwise  change,  any  and  all  highways;  and  in  the  exer- 
cise of  such  powers  said  corporations  and  any  person  who 
sustains  any  damages  thereby  shall  have  all  rights,  privi- 
leges and  remedies,  and  be  subject  to  all  the  duties,  liabil- 
ities and  restrictions  provided  by  law  in  the  case  of  land 
taken  by  railroad  corporations. 

(d)  If  one  or  two  or  more  railroad  corporations  whose 
tracks  cross  each  other  f.t  the  same  level,  desires  to  sep- 
arate the  grades,  said  railroad  corporation  may  file  its  pe- 
tition with  the  commission,  with  blue  prints  and  maps  at- 
tached, setting  out  in  detail  how  such  crossing  can  best  be 
made;  thereupon  it  shall  be  the  duty  of  the  commission  to 
give  notice  to  the  corporation  or  corporations  complained 
of,  as  in  other  cases,  and  such  petition  shall  be  tried,  and 
the  commission  shall  determine  whether  or  not  said  grades 
shall  be  separated,  in  what  manner  and  by  which  corpora- 
tion said  work  and  each  portion  of  it  shall  be  done,  and 
shall  apportion  all  charges  and  expenses  caused  by  making 
such  alterations,  and  all  future  charges  for  keeping  the 
necessary  structure  connected  therewith,  in  repair  among 
said  corporations.  For  said  purpose,  the  corporations 
may,  under  the  direction  of  the  commission,  make  all  neces- 
sary changes  in  the  location,  grade  and  construction  of 
said  railroads,  and  so  far  as  may  be  necessary  may  take 
additional  land  therefor,  and  may  raise,  lower  or  otherwise 
change  any  and  all  highways;  and  in  the  exercise  of  such 
powers  said  corporations  and  any  person  who  sustains  any 
damage  thereby  shall  have  all  the  rights,  privileges  and 
remedies,  and  be  subject  to  all  the  duties,  liabilities  and  re- 
strictions provided  by  law  in  the  case  of  land  taken  by 
railroad  corporations. 

Appropriation.  §  5554.  (5405y.)  24.  The  sum  of 
fl,900,  or  so  much  thereof  as  may  be  neces- 
sary, is  hereby  appropriated  for  the  payment  of  the  salaries 
of  the  members  and  employes  of  said  commission  and  of 
the  expenses  necessary  to  effectually  carry  out  the  pro- 
visions of  this  Act,  and  this  shall  be  deemed  a  continuing 
appropriation  from  year  to  year  during  the  existence  of  said 
commission. 

(Acts  1907,  p.  454.     In  force  April  10,  1907.) 
Be  it  further  enacted: 

Repeal  §  5555.  20.  That  §  6%  of  said  Act  is  hereby 
repealed;  provided,  that  all  proceedings  pending  before  the 
Railroad  Commission  of  Indiana  and  undisposed  of  when 
this  Act  goes  into  effect  shall  be  continued,  concluded  and 
disposed  of  in  accordance  with  the  present  laws  of  this 
State  as  amended  by  this  Act.  Any  appeals  from  the  ac- 
tion of  the  Railroad  Commission  of  Indiana  pending  in  the 
Appellate  Court  of  this  State  and  undisposed  of  when  this 
Act  goes  into  effect  shall  not  be  affected  by  the  passage 
of  this  Act,  and  all  such  appeals  shall  be  considered  and 


disposed   of  the  same  as  though  this  Act  had  not  beet 
passed. 

[Note.— rThe  Act  referred  to  in  this  and  the  next  follow 
ing  section  is  the  Act  of  1905  creating  a  railroad  comniis 
sion.  Acts  1905,  p.  83.  The  repealed  section  provided,  tliat 
pending  appeal,  railroads  might-  continue  to  charge  rates 
disapproved  by  the  commission  upon  filing  a  refunding 
bond,  etc.] 

GENERAL    RAILROAD    L.\W. 

From  Burns'  Indiana  Statutes — 1908. 
(1  R.  S.  1852,  p.  409.    In  force  May  6,  1853.) 

How  to  form  corporation.  §5176.  (5134.)  1.  Anj 
number  of  persons,  not  less  than  15,  being  subscribers 
to  the  stock  of  any  contemplated  railroad,  may  be  formed 
into  a'  corporation,  for  the  purpose  of  constructing,  owning 
and  maintaining  such  railroad,  by  complying  with  the  fol 
lowing  requirements:  Whenever  stock  to  the  amount  of  a( 
least  $50,000,  or  $1,000  for  each  and  every  mile  of  the 
proposed  road,  shall  have  been  subscribed  the  subscrib 
ers  to  such  stock  shall  elect  directors  for  such  companj 
from  their  own  number,  and  shall  severally  subscribe  artl 
cles  of  association,  in  which  shall  be  set  forth  the  name  ol 
the  corporation,  the  amount  of  the  capital  stock  of  th( 
company  (which  may  be  increased  from  time  to  time 
if  necessary,  to  a  sum  equal  to  the  actual  cost  of  construct 
ing  the  road,  together  with  the  cost  of  the  right  of  way,  aic 
motive  power,  together  with  all  other  appurtenances  aic 
expenses  necessary  for  the  completion  and  running  of  su3t 
road);  the  number  of  shares  of  which  said  stock  shiil 
consist;  the  number  of  directors  and  their  names,  to  msn 
age  the  affairs  of  the  company;  the  name  of  the  pla:!« 
from  which  and  the  place  to  which  the  proposed  roac 
is  to  be  constructed,  and  each  county  into  which  or  throuKt 
which  It  is  intended  to  pass;  and  its  length  as  near  is 
may  be.  Each  subscriber  to  such  articles  of  associaticr 
shall  state  his  place  of  residence,  and  the  number  )i 
shares  taken  by  him  in  such  company. 

Articles— Where  filed— Effect— Evidence.  §  5177.  (5135  ) 
2.  Articles  of  association  formed  in  pursuance  of  the  pi  i 
visions  of  the  foregoing  section  shall  be  filed  in  the  ofl5  ( 
of  the  secretary  of  State,  and  thereupon,  the  persons  wl  c 
have  subscribed  the  same,  and  all  persons  who  shall,  fro  i 
time  to  time,  become  stockholders  in  such  company,  ar  c 
their  successors,  shall  be  a  body  politic  and  corporate,  : : 
perpetuity,  by  the  name  stated  in  such  articles  of  associ  i 
tion;  and  shall  be  capable  of  suing  and  being  sued;  ar  ; 
may  have  a  common  seal,  and  may  make  and  alter  tl  ( 
same  at  pleasure;  and  shall  be  capable  in  law  of  purcha  ; 
ing,  holding  and  conveying  any  real  and  personal  propert  \ 
whatever  necessary  for  the  construction  of  such  road  an  ' 
for  the  erection  of  all  necessary  buildings  and  yards  an  : 
appurtenances  for  the  use  of  the  same.  A  copy  of  any  art 
cles  of  association  filed  in  pursuance  of  this  Act,  and  cert 
fied  to  be  a  true  copy,  by  the  secretary  of  State  or  his  de:i 
uty,  shall,  in  all  courts  and  places,  be  presumptive  evidem ; 
of  the  incorporation  of  such  company  and  of  the  fact  s 
stated  therein. 

Subscription  hooks.  §5178.  (5136.)  3.  Thedlrectoi! 
named  in  the  first  section  of  this  Act  (§3885)  shall  ope 
books  for  subscription  to  the  capital  stock  of  the  compan  > 
at  such  times  and  in  such  places  as  a  majority  of  thei ; 
may  direct,  due  notice  of  which  will  be  given.  In  cas : 
a  greater  amount  of  stock  shall  be  subscribed  than  th ; 
whole  capital  required  by  such  company,  the  directors  sha  ! 
distribute  such  capital  stock,  so  subscribed,  as  equally  a- 
possible,  among  the  subscribers,  but  no  share  thereof  sha  1 
be  divided  in  making  such  distribution,  nor  shall  a  greatei 
number  of  shares  be  allotted  to  any  one  subscriber  than  b- 
him  subscribed  for. 

(1853,  p.  107.     In  force  July  24,  1853.) 

May  file  copy  of  articles.  §5179.  (5137.)  1.  Hereaftei 
it  shall  not  be  necessary  for  any  association  or  corporatio  ; 
formed  for  the  purpose  of  constructing,  owning  and  mair 
talning  a  railroad  in  pursuance  of  "An  Act  to  provide  foi 
the  incorporation  of  railroad  companies,"  approved  May  11 
1852,  to  file  their  articles  of  association  in  the  office  of  the 
secretary  of  State;  but  a  copy  of  such  articles,  duly  cert 
fled  by  the  officers  or  persons  duly  authorized  by  such  as; 
soclation  or  corporation,  may  be  so  filed,  and  the  original 
retained  in  the  possession  of  such  corporation. 

Copies  filed  legalised.  §5180.  (5138.)  2.  Whenevei 
any  association  or  corporation  formed  under  the  provisions 
of  said  Act  nas  heretofore  filed  in  the  office  of  the  secretarj 


m 


Public  Service  Laws 


461 


of  State  a  copy  of  the  original  articles  of  association  in 
lieu  of  such  original  articles,  the  action  of  such  corporation 
In  the  premises  is  hereby  legalized  and  the  same  effect 
is  hereby  given  to  such  copy  as  if  the  provisions  of  §  2  of 
the  aforesaid  Act  (§  3886)  had  been  strictly  complied  with; 
provided,  however,  such  corporation  shall,  within  six 
months  after  the  taking  effect  of  this  Act,  authenticate  the 
copy  so  filed  by  a  proper  certificate,  or  file  In  the  oflSce  of 
the  secretary  of  State  in  lieu  of  the  copy  heretofore  filed, 
another  copy  of  such  original  articles  of  association,  duly 
certified  and  authenticated  by  the  proper  oflRcer  or  officers 
of  such  corporation. 

(1  R.  S.  1852,  p.  423.  In  force  May  6,  1853.) 
Increase  o/  stock.  §  5181.  (5139.)  1.  Whenever  any 
railroad  company  which  may  have  been  incorporated  with 
a  fixed  amount  or  limitation  of  capital,  or  which  may  here- 
after be  organized,  shall  find  it  necessary  to  increase  the 
same  for  the  building,  repair,  equipment  or  conducting 
of  its  road,  it  shall  be  lawful  for  such  company  by  a  vote 
of  its  board  of  directors,  from  time  to  time,  to  increase 
its  capital  stock  to  any  amount  by  said  board  of  directors 
deemed  necessary;  not  to  exceed  the  sum  of  $15,000  a  mile, 
exclusively  for  railroau  purposes,  inclusive  of  their  original 
capital  for  the  purposes  aforesaid. 

(Acts  1893,  p.  133.  In  force  February  22,  1893.) 
Preferred  stocU.  §5182.  (5140.)  1.  That  for  the  pur- 
pose of  exchanging  the  same  for  its  common  stock  or  for 
such  part  thereof  as  the  directors  of  such  company  may  de- 
termine, and  shall  be  approved  by  a  majority  of  the  stock- 
holders, any  railroad  company  heretofore  or  hereafter  or- 
ganized may  Issue  preferred  stock  to  an  amount  not  ex- 
ceeding one-half  of  the  amount  of  its  capital,  with  such 
priority  over  the  remaining  stock  of  such  company  in  the 
payment  of  dividends  as  the  directors  of  such  company 
may  determine,  and  shall  be  approved  by  a  majority  of  the 
stockholders;  provided,  that  the  total  capital  of  such  com- 
pany shall  not  be  diminished  thereby. 

(1  R.  S.  1852,  p.  423.  In  force  May  6,  1853.) 
IsTumter  of  directors.  §  5183.  (5151.)  2.  The  stock- 
holders of  any  railroad  company  heretofore  incorporated 
in  this  State,  or  that  may  be  hereafter  incorporated,  may 
by  the  vote  of  a  majority  in  interest  of  the  stockholders 
of  such  company,  at  any  annual  or  other  meeting  thereof, 
determine  that  the  directors  of  said  company  shall  consist 
of  any  number  not  less  than  five  nor  more  than  13,  who 
shall  be  chosen  from  any  of  the  stockholders;  and  there- 
after such  company  may  elect  from  any  of  its  stockholders 
the  number  of  directors  it  has  fixed  and  determined  upon 
as  aforesaid,  in  the  same  manner  and  with  the  same  effect 
as  if  this  section  was  contained  in  the  original  Act  incor- 
porating such  company. 

(1  R.  S.  1852,  p.  409.  In  force  May  6,  1853.) 
Election  of  directors.  §  5184.  (5142.)  4.  There  shall 
be  an  annual  meeting  of  the  stockholders  (to  be  held  in 
one  of  the  counties  in  which  or  through  which  such  road 
Is  proposed  to  be  or  may  be  constructed)  for  the  election 
of  directors  to  serve  for  the  ensuing  year,  notice  of  which, 
appointing  a  time  and  place,  shall  be  given  by  the  directors 
chosen,  as  provided  in  the  first  section  of  this  Act  (§  3885), 
for  the  annual  election,  and,  afterward,  by  their  successors 
In  oflSce,  which  notice  shall  be  published  not  less  than  20 
days  previous  thereto,  in  a  newspaper  published  in  each 
county  through  which  such  road  shall  be  intended  to  run 
(if  there  be  stockholders  residing  therein)  in  which  a  news- 
paper shall  be  published;  and,  if  no  newspaper  be  published 
therein,  then  by  six  written  or  printed  notices  put  up  in  the 
most  public  places  in  such  county.  Three  judges  of  elec- 
tion shall  be  chosen  by  the  board  of  directors  previous  to 
any  annual  meeting  of  the  stockholders,  who  shall  be 
stockholders  but  not  directors  at  the  time  of  such  election, 
whose  duty  It  shall  be  to  receive  the  votes  of  the  stock- 
holders at  such  election  for  directors,  and  who  shall  openly 
count  the  votes  and  declare  the  result,  and  shall  furnish  the 
directors  elected  at  such  meeting  of  the  stockholders  with 
a  certificate  of  their  election,  which  certificate  shall  be  evi- 
dence of  their  authority  to  act  as  such  directors.  Not  less 
than  seven  nor  more  than  13  directors  shall  be  chosen  at 
such  meeting  of  stockholders,  by  ballot,  and  by  a  majority 
of  the  votes  of  the  stockholders  present  in  person  or  by 
proxy.  Every  such  stockholder  so  present  at  any  election 
for  directors  shall  be  entitled  to  give  one  vote  for  every 
share  of  stock  which  he  may  have  owned  for  10  days  next 


preceding  such  election;  but  no  stockholder  shall  vote 
at  any  such  election  upon  any  stock  except  such  as  he  shall 
have  owned  for  10  days.  No  person  shall  be  a  director 
unless  he  shall  be  a  stockholder,  owning  stock  absolutely 
in  his  own  right,  and  qualified  to  vote  for  directors  at  the 
election  at  which  he  shall  be  chosen.  The  directors  shall 
hold  their  ofl^ce  for  one  year  and  until  others  are  elected 
in  their  places. 

Special  meetings  of  stockholders.  §  5185.  (5143.)  5. 
Meetings  of  the  stockholders  may  be  called  at  any  time 
during  the  interval  between  the  annual  meetings  by  the  di- 
rectors, or  by  the  stockholders  owning  not  less  than  one- 
fourth  of  the  stock,  by  giving  30  days'  public  notice  of  the 
time  and  place  of  the  meeting  in  the  manner  provided  in 
the  next  preceding  section  for  the  annual  meetings.  When 
any  such  meeting  is  called  by  the  stockholders  the  partic- 
ular object  of  such  meeting  shall  be  stated  in  such  notice. 
If  at  any  such  meeting  thus  called  a  majority  in  value  of 
the  stockholders  are  not  represented  in  person  or  by  proxy, 
such  nueeting  shall  be  adjourned  from  day  to  day,  not 
exceeding  three  days,  without  transacting  any  business; 
and  if,  within  said  three  days,  stockholders  having  a  ma- 
jority of  the  stock  do  not  attend  such  meeting  then  the 
meeting  shall  be  dissolved. 

Annual  statement.  §5186.  (5144.)  6.  At  a  regular 
meeting  of  the  stockholders  of  any  such  corporation,  it  shall 
be  the  duty  of  the  president  and  directors  in  office  for  the 
preceding  year  to  exhibit  a  clear  and  distinct  statement  of 
the  affairs  of  said  company;  and  at  any  meeting  of  the  stock- 
holders, a  majority  of  those  present  in  person  or  by  proxy 
may  require  similar  statements  from  the  directors,  whose 
duty  it  shall  be  to  furnish  them  when  thus  required.  At 
all  general  meetings  of  the  stockholders,  a  majority  in 
value  of  the  stockholders  in  such  company  may  remove  any 
president  or  any  director  of  such  company,  and  elect  an- 
other in  his  stead;  provided,  notice  of  such  intended  Re- 
moval shall  have  been  given  as  required  in  the  last  two 
preceding  sections. 

Failure  to  elect  officers.  §5187.  (5145.)  7.  In  case 
It  shall  happen  at  any  time  that  an  election  of  directors 
shall  not  be  made  on  the  day  designated  by  the  by-laws 
of  the  company,  when  it  ought  to  have  been  made,  the  com- 
pany, for  that  reason,  shall  not  be  dissolved  if,  within  90 
days  thereafter,  it  shall  hold  an  election  for  directors  in 
such  manner  as  shall  be  provided  by  the  by-laws  of  the 
company.  There  shall  be  a  president  of  the  company,  who 
shall  be  chosen  by  and  from  the  directors,  and  also  such 
subordinate  officers  as  "the  company,  by  its  by-laws,  may 
designate,  who  may  be  elected  or  appointed,  and  required 
to  give  such  security  for  the  faithful  performance  of  the 
duties  of  their  offices  as  the  company,  by  its  by-laws,  may 
require;  provided,  that  nothing  herein  contained  shall  be 
so  construed  as  to  prevent  the  stockholders  from  removing 
a  president  and  electing  another  in  his  place  in  the  manner 
prescribed  in  the  last  preceding  section. 

Calls.  §5188.  (5146.)  8.  It  shall  be  lawful  for  the  di- 
rectors to  call  in  and  demand  from  the  stockholders,  re- 
spectively, any  sums  of  money  by  them  subscribed  in  such 
payments  or  installments  as  the  directors  shall  deem 
proper,  under  the  penalty  of  forfeiting  the  shares  of  stock 
subscribed  for  and  all  previous  payments  made  thereon  if 
payment  shall  not  be  made  by  the  stockholders  within  30 
days  after  personal  demand,  or  if  notice  requiring  such  pay- 
ment shall  have  been  made  in  each  county  through  which 
such  road  shall  be  laid  out  in  which  a  newspaper  shall  be 
published;  provided,  that  subscriptions  shall  not  be  re- 
quired to  be  paid  except  in  equal  installments  of  not  more 
than  10  per  cent  a  month. 

By-laws.  §5189.  (5147.)  9.  The  directors  of  such  com- 
pany shall  have  power  to  make  by-laws  for  the  management 
and  disposition  of  stock,  property  and  business  affairs  of 
such  company  not  inconsistent  with  the  laws  of  this  State, 
and  prescribing  the  duties  of  oflScers,  artificers  and  servants 
that  may  be  employed,  and  for  the  appointment  of  all  oflB- 
cers  for  carrying  on  all  the  business  within  the  object  and 
purpose  of  such  company. 

Stock  transferable.  §  5190.  (5148.)  10.  The  stock  of 
such  company  shall  be  deemed  personal  estate  and  shall  be 
transferable  in  the  manner  prescribed  in  the  by-laws  of  the 
company,  but  no  shares  shall  be  transferable  until  all  pre- 
vious calls  thereon  shall  have  been  fully  paid  in,  or  the 
shares  shall  have  been  forfeited  for  the  non-payment  of 
calls  thereon. 


463 


National  Association  of  Railti'ay  Comjiissioners 


Certificate  of  capital  paid.  §5191.  (5149.)  11.  The 
president  and  a  majority  of  the  directors,  within  30  days 
after  the  payment  of  the  last  installment  of  the  capital 
stock  so  fixed  and  limited  by  the  company,  shall  make  a 
certificate  stating  the  amount  of  capital  stock  so  fixed  and 
paid  in,  which  certificate  shall  be  signed  by  the  president 
and  a  majority  of  the  directors,  and  sworn  to  by  the  presi- 
dent and  secretary,  and  they  shall,  within  the  said  30  days, 
file  and  record  the  same  in  the  office  of  the  secretary  of 
State. 

(1  R.  S.  1852,  p.  426.  In  force  January  20,  1852.) 
Lands  for  depots,  etc.  §  5192.  (5150.)  1.  It  shall  be 
unlawful  for  any  railroad  company  which  is  now  or  may 
hereafter  be  incorporated,  to  receive  by  purchase  or  by 
subscription  of  stock,  any  lands,  and  to  hold  and  convey 
the  same,  that  may  be  necessary  for  the  purpose  of  erect- 
ing depots,  turnouts,  workshops,  warehouses,  or  for  any 
other  purpose  necessary  for  the  convenience  of  said  com- 
pany in  order  to  transact  the  business  usual  for  railroad 
companies. 

Subscription  of  stock  in  lands.  §  5193.  (5151.)  2.  It 
may  be  lawful  for  said  corporations,  by  the  consent  of  the 
directors  of  the  same,  to  receive  as  subscriptions  for  the 
capital  stock  of  said  companies,  under  such  regulations 
and  restrictions  as  their  boards  of  directors  may  prescribe, 
any  lands,  town  lots,  real  estate,  or  other  description  of 
property  as  may  be  offered  for  that  purpose;  provided,  how- 
ever, that  the  same  shall  be  sold  (except  so  much  as 
may  be  necessary  for  the  use  of  said  roads  or  for  the  pur- 
pose aforesaid)  within  a  reasonable  time,  and  the  proceeds 
applied  for  the  construction  of  said  roads  or  their  appur- 
tenances. 

(1  R.  S.  1852,  p.  409.   In  force  May  6,  1853.) 

Map  and  profile.  §5194.  (5152.)  12.  Every  such  com- 
pany, before  proceeding  to  construct  a  part  of  its  road  into 
or  through  any  county  named  in  its  articles  of  association, 
shall  make  a  map  and  profile  of  the  route  intended  to  be 
adopted  by  such  company,  which  shall  be  certified  by  a  ma- 
jority of  the  directors,  and  filed  in  the  office  of  the  clerk 
of  such  county,  for  the  inspection  and  examination  of  all 
parties  interested  therein. 

General  powers.  §  5195  [as  amended  by  Act  approved 
March  2,  1911].  Every  such  corporation  fhall  possess  the 
general  powers,  and  be  subject  to  the  liabilities  and  restric- 
tions expressed  in  the  special  powers  following: 

1.  To  cause  such  examination  and  surveys  for  the 
proposed  railroad  to  be  made  as.  may  be  necessary  to 
the  selection  of  the  most  advantageous  route  for  the 
railroad,  and,  for  such  purposes,  by  their  officers,  agents 
and  servants,  to  enter  upon  the  lands  or  waters  of  any 
person,  but  subject  to  responsibility  for  all  damages 
which  they  shall  do  thereto. 

2.  To  receive,  hold  and  take  such  voluntary  grants 
and  donations  of  real  estate  and  other  personal  prop- 
erty as  shall  be  made  to  it  to  aid  in  the  construction, 
maintenance  and  accommodation  of  such  railroad;  out 
the  real  estate  thus  received  by  voluntary  grants  shall 
be  held  and  used  for  the  purposes  of  such  grants  only. 

3.  To  purchase,  and  by  voluntary  grants  and  dona- 
tions receive  and  take,  and  by  its  officers,  engineers, 
surveyors  and  agents  enter  upon,  take  possession  of, 
hold  and  use  all  such  lands  and  real  estate  and  other 
property  as  may  be  necessary  for  the  construction  and 
maintenance  of  its  railroad  stations,  depots  and  other 
accommodations  necessary  to  accomplish  the  objects  for 
which  the  corporation  is  created;  but  not  until  the 
compensation  to  be  made  therefor,  as  agreed  upon  by.  the 
parties  or  ascertained  as  hereinafter  prescribed,  shall 
have  been  paid  to  the  owner  or  owners  thereof,  or 
deposited  as  hereinafter  directed,  unless  the  consent  of 
such  owner  be  given  to  enter  into  possession. 

4.  To  lay  out  its  road  not  exceeding  six  rods  wide, 
and  to  construct  the  same;  and  for  the  purposes  of 
cuttings,  embankments  and  procuring  stone  and  gravel, 
or  the  improvement  of  its  road  by  the  construction  of 
additional  main  tracks,  switches  or  passing  siding,  it 
may  take  as  much  more  lands,  within  the  limits  of  its 
charter,  in  the  manner  provided  hereinafter,  as  may  be 
necessary  for  the  proper  construction,  improvement  and 
security  of  the  road. 

5.  To  construct  its  road  upon  or  across  any  stream 
of  water,  watercourse,  highway,  railroad  or  canal,  go  as 


not  to  interfere  with  the  free  use  of  the  same,  which  th< 
route  of  its  road  shall  intersect,  in  such  manner  as  tc 
afford  security  for  life  and  property;  but  the  corporatioi 
shall  restore  the  stream  or  watercourse,  road  or  high 
way  thus  intersected  to  its  former  state,  or  in  a  suffi 
cient  manner  not  to  unnecessarily  impair  its  usefulness 
or  injure   its  franchises. 

G.  To  cross,  intersect,  join  and  unite  its  railroac 
with  any  other  railroad  before  constructed  at  any  poini 
on  its  route  and  upon  the  grounds  of  such  other  railroac 
company,  with  the  necessary  turnouts,  sidings,  switches 
and  other  conveniences,  in  furtherance  of  the  objects  ol 
its  connections;  and  every  company  whose  railroad  is  oi 
shall  be  hereafter  intersected  by  any  new  railroad  shal 
unite  with  the  owners  of  such  new  railroad  in  forming 
such  intersections  and  connections,  and  grant  the  fa 
duties  aforesaid;  and,  if  the  two  corporations  cannot 
agree  upon  the  amount  of  compensation  to  be  made  there 
for,  or  the  points  or  manner  of  such  crossings  and  con 
nections,  the  same  shall  be  ascertained  and  determined 
by  commissioners,  to  be  appointed  as  is  provided  heie 
inafter  in  respect  to  the  taking  of  lands;  but  this  sectioi 
shall  not  affect  the  rights  or  franchises  heretofore 
granted. 

7.  To  purchase  lands  or  take  them  in  order  thai 
it  may  change  the  line  of  its  road  whenever  a  majori.j 
of  the  directors  shall  so  determine,  as  is  provided  here 
inafter,  but  no  change  shall  vary  the  general  route  oi 
such  road. 

8.  To  take,  transport,  carry  and  convey  persois 
and  property  on  its  railroad  by  the  force  and  power  ol 
steam  or  animals,  or  of  any  mechanical  power,  or  by  ary 
combination  of  them,  and  receive  tolls  or  compensation 
therefor. 

9.  To  erect  and  maintain  all  necessary  and  com- 
venient  buildings,  stations,  depots,  fixtures  and  machlneiy 
for  the  accommodation  and  use  of  their  passenger ;, 
freight  and  business,  and  obtain  and  hold  the  lancg 
necessary  therefor. 

10.  To  regulate  the  time  and  manner  in  whic  i 
passengers  and  property  shall  be  transported,  and  th  i 
tolls  and  compensation  to  be  paid  therefor;  provide(  , 
in  all  proceedings  authorized  hereby  to  take  land  fc  ~ 
the  construction  of  additional  main  tracks,  switches  c  c 
passing  sidings,  the  burden  of  proof  shall  be  upon  th ; 
corporation  to  prove  in  a  court  of  competent  jurisdii  ■ 
tion  its  right  to  take  such  land  and  the  necessity  then  - 
for,  preliminary  to  assessment  of  damages;  and  i  i 
estimating  damages,  the  damages  of  all  persons,  firm  i 
or  corporations  shall  be  computed  as  in  other  cases,  t ) 
which  shall  be  added  compensation  for  all  such  ii  - 
juries,  interruptions  and  destruction  to  any  trade,  business . 
contract,  occupation,  residence  or  industry  involved,  th  : 
expense  and  difficulty  in  obtaining  a  new  location  an  I 
in  relocating  such  business  or  industry,  as  may  not  b  ; 
elements  of  damage  under  any  law  other  than  this  Act 
provided,  further,  that  nothing  contained  in  this  Ac; 
shall  repeal,  affect  or  modify  any  powers  or  duties  of 
the  Railroad  Commission  of  Indiana  or  any  obligation! 
imposed  upon  railroads  by  laws  other  than  this  Act. 
nor  impliedly  nor  expressly  repeal,  affect  or  modify  an;- 
other  law  of  this  State  than  the  fourth  clause  of  th  t 
above  §13,  hereby  amended;  and  provided,  further,  thii 
Act  shall  not  be  construed  to  repeal  or  In  anywis.^ 
modify  or  affect  an  Act  entitled  "An  Act  to  limit  th.; 
charge  which  may  be  made  for  the  transportation  o' 
passengers  by  any  corporation,  firm  or  individual  owninj; 
or  operating  a  railroad  in  whole  or  in  part  within  this 
State,  providing  for  the  transportation  of  baggage,  mak- 
ing it  unlawful  for  any  person  to  ride  as  a  passenge- 
without  the  payment  of  prescribed  and  published  fares, 
providing  for  penalties  for  the  violation  of  this  Act,  anil 
repealing  all  laws  and  parts  of  laws  in  conflict  there- 
with," approved  February  25,  1909  [19071  (see  Acts  of 
1907,  p.  62),  and  said  last  Act  mentioned  shall  remain 
in  full  force  and  effect  notwithstanding  the  passage  of 
this  Act.  ^1 

(Acts  1907,  p.  62.     In   force  April  10,  1907.)       "I 
Passenger  fares,  limitation — Baggage.    §  5196.    1.    That 
it  shall  hereafter  be  unlawful  for  any  common  carrier  en- 
gaged  in   the  carriage   of  passengers   upon   a   railroad   or 
railroads,  between  points  in  this  State,  to  charge  in  ex- 


I'uBLic  Seuvice  Laws 


463 


cess  of  2  cents  per  mile  for  the  carriage  of  an  adult 
passenger,  or  in  excess  of  1  cent  per  mile  for  the  car- 
riage of  a  passenger  between  five  and  12  years  of  age; 
provided,  that  the  minimum  charge  in  no  case  shall  he 
less  than  5  cents,  and  in  determining  the  charge,  frac- 
tions of  less  than  one-half  mile  shall  be  disregarded  and  all 
other  fractions  counted  as  one  mile;  provided,  that  any 
person  who  shall  purchase  a  ticket  of  any  railroad  or 
railway  corporation  at  the  price  herein  stipulated  for 
the  purpose  of  becoming  a  passenger  on  any  railroad  or 
railway  train  in  this  State,  shall  be  entitled  to  have  carried 
over  said  line  of  railroad  or  railway  baggage  between  the 
points  named  on  said  ticket  to  the  amount  of  150  pounds, 
free  of  any  additional  charge;  provided,  further,  that 
where  any  passenger  is  given  an  opportunity  for  30  minutes 
continuously  before  the  departure  of  any  train,  to  secure 
a  ticket  entitling  him  to  carriage,  and  fails  to  do  so,  then 
such  carrier  may  charge  and  collect  2i^  cents  per  mile  for 
the  carriage  of  such  passenger,  and  the  minimum  fare  shall 
be  less  than  5  cents;  but  upon  the  payment  of  cash  fare  at 
the  rate  of  2^2  cents  per  mile,  the  train  conductor  or  col- 
lector to  whom  the  payment  Is  made,  shall  issue  to  the 
passenger  a  receipt  for  that  part  of  the  fare  paid  which  is 
in  excess  of  2  cents  per  mile,  and  this  receipt  shall  be 
redeemed  with  cash,  upon  the  presentation  thereof  at  any 
ticket  office  of  the  carrier,  at  any  time  within  six  months 
from  the  issuance  thereof. 

Penalty — Prosecutions.  §  5197.  2.  For  any  violation 
of  the  provisions  of  this  Act  by  any  railroad  company,  its 
agent  or  employe,  such  railroad  company  shall  forfeit  and 
pay  to  the  State  of  Indiana,  a  penalty  of  not  less  than  $25 
nor  more  than  $100  for  every  such  violation,  to  be  recovered 
by  suit  brought  in  the  name  of  the  State  of  Indiana  by  the 
attorney-general  of  the  State  in  any  court  of '  competent 
jurisdiction  in  any  county  into  or  through  which  the  line 
or  lines  of  road  of  the  offending  railroad  company  runs,  or, 
by  the  prosecuting  attorney  of  any  judicial  circuit  in  the 
State  in  any  court  of  competent  jurisdiction  within  said 
judicial  circuit,  through  which  the  line  or  lines  of  road  of 
said  railroad  company  runs.  Where  such  penalty  is  col- 
lected on  a  suit  brought  by  the  prosecuting  attorney  as 
provided  in  this  Act,  there  shall  be  recovered  in  addition 
thereto  the  sum  of  $10  as  compensation  for  said  prosecut- 
ing attorney. 

(Acts  1907,  p.  195.  In  force  April  10,  1907.) 
Baggage  free,  limitation.  §  5198.  1.  That  each  com- 
mon carrier  in  this  State  which  shall  engage  in  the  carriage 
of  passengers  by  railroad,  between  points  in  this  State, 
shall  receive  and  transport,  with  each  passenger  tendering 
the  same,  the  personal  baggage  of  such  passenger,  not  ex- 
ceeding 150  pounds  for  an  adult  and  75  pounds  for  a  minor 
less  than  12  years  old,  and  such  personal  baggage  shall 
be  carried  without  compensation  other  than  the  passenger 
transportation  charge.  All  baggage  as  defined  by  this  Act, 
In  excess  of  the  weights  here  specified,  is  hereby  declared 
to  be  excess  baggage,  and  such  carriers  are  required  to 
carry  such  excess  baggage  with  the  passenger,  as  required 
by  this  Act;  provided,  that  such  carrier  shall  be  required 
to  carry  baggage  only  on  trains  equipped  with  a  baggage 
car. 

[Note. — This  Act  is  deemed  to  repeal  the  Act  of  1903, 
Acts  1903,  p.  225,  regulating  charges  for  excess  baggage.] 

Commercial  samples.  §  5199.  2.  The  samples,  goods, 
wares,  appliances  and  catalogues  of  commercial  travelers 
or  their  employers,  and  used  by  them  for  the  purpose  of 
transacting  their  business  and  carried  with  them  solely 
for  that  purpose,  when  securely  packed  and  locked  in  sub- 
stantial trunks  or  sample  cases,  of  convenient  shape  and 
weight  for  handling,  are  hereby  declared  to  be  baggage 
within  the  meaning  of  this  Act,  and  such  carriers  are 
required  to  transport  the  same  with  the  passengers,  as  re- 
quired by  this  Act. 

Excess  baggage  charges.  §  5200.  3.  No  such  carrier 
shall  charge  for  the  carriage  of  excess  baggage,  as  defined 
by  this  Act,  in  excess  of  1  cent  for  each  3  miles  for  each 
100  pounds;  provided,  that  no  charge  for  such  excess  shall 
be  less  than  25  cents  when  the  entire  baggage  is  less  than 
500  pounds  or  less  than  50  cents  when  the  entire  baggage 
Is  over  500  pounds,  and  in  determining  the  rate,  fractions 
of  less  than  one-half  mile  shall  be  disregarded  and  frac- 
tions of  one-half  mile  or  more  shall  be  counted  as  1  mile. 

Penalty.  §  5201.  4.  Any  common  carrier  violating  any 
provision  or  requirement  of  this  Act  shall  be  guilty  of  a 


misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  less  than  $25  nor  more  than  $100. 

Loss  or  damage — Liability.  §  5202.  5.  In  case  of  the 
loss  or  damage  to  such  samples,  goods,  wares,  appliances 
or  catalogues  of  any  commercial  traveler  or  his  employer, 
the  carrier  shall  not  be  liable  for  any  greater  proportion 
of  the  value  thereof  or  the  damages  sustained  thereto 
than  the  excess  baggage  fare  paid  by  the  passenger  bears 
to  the  current  rate  of  freight  on  such  line  for  like  articles 
in  like  packages  between  the  same  points. 

(Acts  1907,  p.  434.  In  force  April  10,  1907.) 
Freight  application  of  Act.  5203.  1.  That  the  provi- 
sions of  this  Act  shall  apply  to  all  such  corporations,  for- 
eign or  domestic,  and  to  the  receivers  and  lessees  thereof 
as  shall  be  engaged  in  the  business  of  a  common  carrier  of 
freight  in  carload  lots  or  less  for  hire  on  railroads  between 
points  within  this  State.  The  provisions- of  this  Act  shall 
also  apply  to  all  carriers  engaged  in  the  performance  of 
transfer  or  switching  service  on  and  over  any  terminal, 
transfer,  belt  or  switching  railroad  in  this  State;  provided, 
that  the  provisions  of  this  Act  shall  not  be  so  applied  as ' 
to  regulate  or  control  interstate  commerce  or  to  in  any 
manner  affect  or  regulate  the  charges  imposed  therefor.  It 
is  further  provided  that  the  provisions  of  this  Act  shall  not 
apply  to  any  carrier  or  carriers  within  this  State  whose  In- 
come from  freight  business  does  not  equal  33%  per  cent  of 
their  gross  revenue. 

Rolling  stock — Supply.  §  5204.  2.  All  carriers  subject 
to  the  provisions  of  this  Act  are  required  to  provide  and  to 
maintain  in  serviceable  condition  the  number  of  suitable 
and  substantial  freight  cars  necessary  to  promptly  supply 
the  demands  on  their  respective  lines  in  this  State  for  the 
prompt  and  expeditious  shipments  of  all  freight  In  car- 
load lots.  All  such  carriers  are  also  required  to  provide 
and  maintain  in  serviceable  condition  the  number  of  suit- 
able and  substantial  locomotives  and  other  appliances  and 
facilities  necessary  to  promptly  and  expeditiously  transport 
from  point  of  origin  to  destination  in  this  State  all  freight 
in  carload  lots  which  shall  originate  on  their  respective 
lines  in  this  State  and  be  tendered  for  transportation. 

Freight  movement — Delay  forfeiture.  §  5205.  3.  All 
carriers  subject  to  the  provisions  of  this  Act  are  required, 
when  any  carload  freight  has  been  loaded  and  proper  ship- 
ping instructions  have  been  delivered,  to  move  the  same 
forward  to  destination,  if  on  its  line,  or  to  the  point  of 
junction  with  the  connecting  carrier  named  in  the  shipping 
directions,  not  less  than  an  average  of  50  miles  every  24 
hours,  Sundays  and  legal  holidays  excepted;  provided,  that 
24  hours  shall  be  allowed  for  movements  through  the  termi- 
nals at  point  of  origin  and  for  passing  through  any  trans- 
fer or  terminal  en  route.  Every  such  carrier  shall  receive 
from  its  connecting  lines  at  junction  points,  or  at  point  of 
interchange  agreed  upon  between  them,  all  carload  freight 
tendered  there  for  forwarding  on  its  lines  and  shall  move 
the  same  forward  to  destination  or  to  the  connecting  lines 
50  miles  every  24  hours,  Sundays  and  legal  holidays  ex- 
cepted; provided,  that  24  hours  shall  be  allowed  for  thti 
movement  through  the  terminal  point  of  origin  and  for 
passing  through  any  transfer  or  terminal  en  route.  In 
case  any  such  carrier  shall  fail,  unless  prevented  by  wrecks, 
or  strikes,  or  accident  to  tracks,  to  forward  carload  ship- 
ments as  provided  in  this  section,  then  every  such  carrier 
shall  forfeit  and  pay  to  the  consignee  of  such  freight  the 
sum  of  $5  per  car  for  each  24  hours  or  major  part  thereof 
that  the  same  has  not  been  moved  forward  as  required 
by  this  section,  and  the  sum  due  on  account  of  any  such 
forfeiture  may  be  deducted  from  the  freight  charges  follow- 
ing any  such  shipment.  All  shipments  of  freight  in  less 
than  carload  lots  shall  be  moved  by  the  carrier  at  the  same 
rate  of  speed  as  required  by  this  section  for  freight  in  car- 
load lots,  except  that  48  hours  shall  be  allowed  for  getting 
out  of  terminal  at  point  of  origin,  and  for  passing  through 
any  terminal  or  transfer  en  route.  The  penalty  for  failure 
to  so  move  shipments  of  freight  in  less  tlian  carload  lots 
shall  be  an  amount  equal  to  25  per  cent  of  the  freight 
charged  on  such  shipment  for  every  day's  delay  or  fraction 
of  a  day. 

Delivery  forfeiture  hearing.  §  5206.  4.  All  carriers 
subject  to  the  provisions  of  this  Act  shall  deliver  to  any 
consignee  on  his  private  track,  or  track  used  by  him  for 
loading  or  unloading,  or  on  their  public  delivery  track 
and  shall  receive  from  any  connecting  carrier,  at  any  ter- 
minal point  in  this  State,  for  the  purpose  of  delivery  to 


464 


iNaxioxal  Associatiox  of  lUiLWAY  Commissioners 


points  located  on  its  line  at  such  terminal,  or  to 
points  reached  over  or  through  its  line  at  such  terminals, 
all  carload  freight  tendered  it  by  any  such  connecting 
line,  and  shall  deliver  the  same  to  the  consignee  on  his 
private  track,  or  on  its  tracks,  or  to  the  connecting  line 
on  its  tracks  at  such  terminal,  within  24  hours  after  the 
same  is  tendered.  In  case  any  such  carrier  shall  fail  to 
80  deliver  any  such  car  it  shall  forfeit  and  pay  to  the 
consignee  the  sum  of  fo  for  each  24  hours  or  major  part 
thereof  that  it  shall  fail  to  make  delivery  as  required  by 
this  section;  provided,  that  wrecks  or  strikes,  or  accidents 
to  tracks  shall  be  a  sufficient  excuse  for  failure  to  make 
such  delivery.  The  sum  due  on  account  of  any  such 
forfeiture  may  be  deducted  from  the  freight  charges  follow- 
ing any  such  shipment;  provided,  that  the  Railroad  Com- 
mission of  Indiana,  after  a  full  hearing  of  all  parties  in- 
terested, may  relieve  any  such  carrier  from  so  switching 
carload  freight  at  terminal  points,  which  is  to  be  delivered 
upon  its  public  delivery  tracks  at  such  terminal  when  it 
appears  that  the  facilities  of  such  carrier  at  such  point 
are  only  sufficient  to  care  for  the  business  originating  and 
terminating  on  its  line  at  such  point;  and  provided,  also, 
that  every  such  carrier  shall  be  entitled  to  impose  and 
collect  a  reasonable  transportation  charge  for  the  perform- 
ance of  the  service  required  by  this  section. 

Car  service  discrimination.  §  5207.  5.  Every  carrier 
subject  to  the  provisions  of  this  Act  shall  furnish  to  all 
parties  who  may  apply  therefor,  as  provided  in  this  Act, 
suitable  cars  for  the  transportation  of  all  kind  of  freight 
in  carload  lots.  If  the  car  equipment  of  the  carrier  is 
not  adequate  at  any  time  to  supply  the  whole  number  of 
cars  demanded  by  applicants  for  immediate  use,  then  the 
carrier  shall  distribute  its  available  equipment  between  the 
applicants  in  proportion  to  their  respective  requirements 
for  immediate  use  and  such  distribution  shall  be  made 
without  discrimination  between  shippers  or  between  com- 
petitive and  non-competitive  points,  subject  to  such  rules 
and  regulations  as  may  be  provided  by  the  railroad  commis- 
sion. 

Record  of  car  service  form.  %  5208.  6.  After  60  days 
from  the  date  this  Act  goes  into  effect,  each  carrier  sub- 
Jectv  hereto  shall  provide  and  permanently  keep  at  each  bill- 
ing station  on  its  line  in  this  State  where  it  handled 
< handles)  carload  shipments,  a  substantially  bound  book, 
which  shall  be  in  such  form  as  the  railroad  commission 
of  Indiana  shall  prescribe,  and  shall  be  suitable  for  per- 
jnanently  recording  and  preserving  the  information  re- 
quired by  this  section,  and  such  other  information  as  such 
commission  may  prescribe  concerning  the  subject-matter 
of  this  Act.  Any  applicant  for  cars  for  use  at  any  such  sta- 
tion shall  record  in  such  book  the  date  of  his  application 
showing  the  number  and  kind  of  cars  required,  when  re- 
quired, for  what  kind  of  loading,  and  the  point  of  destina- 
tion and  such  other  information  as  the  said  commission 
shall  prescribe.  In  case  it  is  not  practicable  or  possible  for 
the  applicant  to  apply  in  person,  then  application  may  be 
made  in  writing  or  by  wire,  and  if  made  in  writing  or  by 
wire  then  one  authentic  copy  shall  be  furnished  the  local 
agent  for  filing  in  his  office,  which  copy  shall  constitute  a 
part  of  the  lawful  record.  Each  carrier  shall  furnish  to  the 
applicant,  in  not  less  than  48  hours  after  6  o'clock  p.  m.  of 
the  day  of  filing  such  application,  the  cars  so  required 
unless  the  cars  are  not  so  soon  required,  in  which  case 
they  shall  be  furnished  when  required.  The  carrier's  agent 
at  every  such  station  shall  record  in  such  book  the  date 
the  cars  were  furnished  and  billed  out,  and  such  other  in- 
formation as  such  commission  may  prescribe,  in  the  form 
for  such  record,  and  every  such  record,  or  a  properly  au- 
thenticated copy  thereof,  shall  be  competent  evidence  in 
all  the  courts  of  this  State,  and  before  the  Railroad  Com- 
mission of  Indiana,  concerning  the  matters  required  to  be 
recorded  therein.  Any  such  carrier  shall  not  be  required  to 
furnish  cars  for  shipment  unless  applied  for  as  provided 
for  in  this  section;  provided,  however,  that  the  distribution 
and  delivery  of  coal  cars  to  coal  mines  on  such  carriers' 
lines  in  this  State  shall  not  be  controlled  by  the  provisions 
of  this  section. 

Record— False  entry — Penalty.  §  5209.  7.  It  shall  be 
unlawful  for  any  person,  or  the  agent  or  employe  of  any 
person,  carrier,  corporation  or  partnership  to  make  any 
false  entry  in  the  record  provided  for  In  S  6  of  this  Act,  or 
to  alter,  change  or  mutilate  any  entry  therein  made,  with- 
out notice  to  and  with  the  consent  of  the  other  party  inter- 
ested therein.   It  shall  also  be  unlawful  for  any  such  person  to 


record  in  such  record  a  demand  for  cars  not  required,  or 
for  more  cars  than  are  required,  or  to  duplicate  any  de- 
mand for  cars  previously  ordered  and  not  then  furnished. 
Any  such  person  who  shall  violate  any  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  shall  be  fined  not  less  than  J25  nor  more 
than  ?50. 

Reciprocal  demurrage— Freight  cars.  §  5210.  8.  Every 
carrier  subject  to  the  provisions  of  this  Act  which  shall 
fail  and  neglect  to  furnish  cars  to  applicants  in  accordance 
with  the  application  therefor,  and  as  provided  In  §  6 
of  this  Act,  shall  forfeit  and  pay  to  the  applicant  the  sum 
of  $1  for  each  car  for  each  24  hours,  or  the  major  part 
thereof,  that  the  delivery  of  the  same  shall  be  delayed  be- 
yond the  date  when  the  cars  were  required  to  be  furnished; 
provided,  that  such  forfeiture  shall  not  accrue  if  the  carrier 
shall  show  to  the  satisfaction  of  the  court,  or  jury,  trying 
the  cause,  that  It  did  not  have  the  cars  in  its  control  at 
the  time  they  were  required  for  delivery,  and  that  for  a 
reasonable  time  prior  to  the  failure  and  at  the  time  of  the 
failure  it  had  made,  and  then  made,  a  bona  fide  and  rea- 
sonable effort  to  supply  its  line  with  the  necessary  car 
equipment  to  care  for  the  traffic  then  on  its  line,  and  such 
future  traffic  as  it  could  reasonably  anticipate  would  be 
offered  for  shipment. 

Coal  cars — Distribution — Hearing — Rules.  §  5211.  9. 
At  the  request  of  any  carrier,  coal  mine  operator  or  a  ay 
other  party  interested  therein,  the  railroad  commissi  sn 
of  Indiana,  after  five  days'  notice  to  the  interested  carrier 
and  the  coal  mine  operators  on  any  carrier's  line  In  tl  is 
State  and  after  a  full  hearing  concerning  the  san  e, 
shall  adopt  and  promulgate  rules  and  regulatio  is 
for  the  distribution  by  the  carrier  of  empty  ccal 
cars  to  the  coal  mines  on  the  line  of  any  carrier  in 
this  State  subject  to  the  provisions  of  this  Act.  T  le 
rules  and  regulations  promulgated  by  such  commissi  m 
shall  not  conflict  with  the  provisions  of  §  5  of  this  Act.  T  le 
commission,  by  such  rules  and  regulations,  shall  pi  e- 
scribe  the  manner  in  which  the  cars  shall  be  applied  f(  r, 
the  manner  in  which  the  capacity  and  output  of  the  min  ;s 
shall  be  ascertained,  and  the  manner  in  which  empty  ca -s 
shall  be  distributed  and  delivered,  and  the  commission  shi  11 
adopt  such  other  rules  and  regulations  concerning  su^  h 
subject  as  shall  be  necessary  to  secure  a  fair  and  equitat  le 
distribution  of  cars  without  discrimination,  so  that  eai  h 
mine,  in  case  of  car  shortage,  shall  be  secured  the  ma:  i- 
mum  amount  of  working  time  to  which  it  is  entitled,  aft  'T 
taking  into  consideration  the  capacity  and  output  and  f  le 
shipping  orders  of  all  the  mines  and  the  available  equi  p- 
ment  on  the  line  for  use  in  their  operation.  If  conditio  is 
are  the  same,  the  commission  may  adopt  the  same  rules  ai  d 
regulations  for  all  carriers  having  coal  mines  on  the  ir 
lines,  or  different  rules  and  regulations  for  different  lim  s, 
as  the  differing  conditions  may  require.  The  rules  ai  d 
regulations  so  adopted  shall  go  Into  effect  upon  the  da  e 
fixed  therefor  by  the  commission  and  shall  be  observ'  d 
by  the  carriers  and  all  other  persons  until  set  aside  >r 
modified  by  the  commission,  and  the  commission  is  glvin 
authority  at  any  time,  upon  application  by  any  party  int(  r- 
ested,  to  modify  or  set  aside  any  such  rules  and  regula- 
tions so  adopted,  and  to  adopt  other  rules  and  regulatio  is 
as  the  necessities  of  the  case  may  require;  provided,  th  it 
any  party  interested  in  such  rules  and  regulations  may  file 
a  bill  In  equity  against  the  commission  in  any  court  it 
competent  jurisdiction  to  set  aside  or  annul  any  rule  )r 
regulation  so  adopted  by  the  commission. 

Reciprocal  demurrage  coal  cars.  §5212.  10.  Every  su'^h 
carrier  which  shall  fail,  neglect  or  refuse  to  deliver  to  any 
coal  mine  operator  on  its  line  empty  coal  cars  for  use  it 
such  mine,  in  accordance  with  such  provisions  of  this  Act 
as  concern  the  delivery  of  such  cars,  and  in  accordan:e 
with  the  rules  and  regulations  of  the  railroad  commissiim 
of  Indiana,  adopted  pursuant  to  this  Act,  shall  forfeit  to 
such  coal  mine  operator  the  sum  of  $2  per  day  for  each  cir 
for  each  day,  or  major  part  thereof,  that  the  same  remalis 
undellyered.  i 

Confiscation  of  coal.  §  5213.  11.  When  for  any  reason 
coal  in  transit  is  consflcated  by  the  carrier  immediate 
notice  shall  be  given  both  consignor  and  consignee  of  such 
confiscation,  and  any  carrier  failing  or  refusing  to  give  such 
immediate  notice  shall,  on  settlement,  pay  50  cents  per  ton 
over  and  above  contract  price  to  consignee  for  such  coal 
confiscated. 


PuBi.Tc  Service  Laws 


465 


Forfeiture  or  demurrage  collection.  S  5214.  12.  The 
forfeiture  accruing  under  this  Act  may  be  collected  in  any 
court  of  competent  jurisdiction  in  any  county  in  this  State 
into  which  the  carrier  operates,  and,  in  case  the  plaintiff 
recovers,  the  court  or  jury  trying  the  cause  shall  allow  the 
plaintiff  a  reasonable  sum  for  his  attorney's  fees.  The 
accruing  and  collection  of  any  such  forfeiture  shall  not  pre- 
clude any  such  party  from  collecting  actual  damages  in 
excess  thereof  which  he  shall  have  sustained  on  account  of 
any  such  delay  in  transportation  or  failure  to  furnish  cars 
as  required  by  this  Act. 

Freight  rates  for  coal.  §  5215.  13.  Every  such  carrier 
and  its  connections  having  coal  mines  located  on  the  line 
of  railroad  operated  by  it  in  this  State  shall,  upon  request 
therefor,  publish  and  put  in  force  on  its  line  and  file  with 
the  railroad  commission  of  Indiana,  in  the  manner  now 
provided  by  law,  or  in  such  manner  as  may  hereafter  be 
provided  by  law,  reasonable  and  just  rates  of  freight  for 
the  transportation  of  coal  from  such  mines  to  points  reached 
by  its  line,  and  shall  likewise  publish  and  file  with  the  said 
commission  just  and  reasonable  joint  rates  of  freight  on 
such  commodity  to  any  point  in  this  State  reached  through 
or  over  one  or  more  connecting  lines  in  this  State.  And  it 
shall  be  lawful  for  such  carriers,  after  obtaining  the  per- 
mission of  the  railroad  commission  of  Indiana  so  to  do,  in 
the  making  of  such  rates,  to  provide  for  the  transportation 
of  coal  to  be  used  for  manufacturing  purposes  and  steaming 
purposes,  a  more  reasonable  rate  than  the  rates  which  such 
carriers  may  provide  for  the  transportation  of  coal  to  be 
used  solely  for  domestic  consumption.  Upon  application 
therefor,  as  provided  for  in  this  Act  and  the  rules  of  the 
railroad  commission  of  Indiana,  promulgated  in  accordance 
with  this  Act,  every  such  carrier  having  such  mines  on  its 
line  shall  furnish  cars  for  transportation  of  coal  to  any  such 
point  in  this  State  on  or  off  its  line,  in  accordance  with 
such  rates  so  published,  and  every  such  originating  and 
connecting  carrier  shall  promptly  receive  and  transport 
Buch  coal,  as  provided  in  this  Act.  Each  of  the  one  or 
more  connecting  carriers  which  shall  receive  any  such  ship- 
ment of  coal  at  any  junction  point  shall  forward  the  same 
to  destination,  and  return  the  car  over  the  route  of  ship- 
ment, either  empty  or  loaded,  to  some  point  on  the  initiat- 
ing line,  and  every  such  car  shall  be  so  transported  and 
returned  to  the  junction  with  the  initiating  line  not  less 
than  an  average  of  50  miles  each  24  hours,  or  major  part 
thereof,  less  a  reasonable  time  to  be  allowed  for  switching 
at  terminal  points  and  for  unloading;  provided,  that 
wrecks  or  strikes  or  accidents  to  tracks,  or  delay  in  unload- 
ing, shall  be  a  lawful  excuse  for  failure  to  return  the  car, 
but  neither  of  such  causes  shall  excuse  any  such  carrier  for 
a  greater  number  of  aays'  delay  than  was  actually  occa- 
sioned thereby.  Nothing  in  this  section  shall  be  held  in 
any  manner  to  affect  the  regulations  between  any  such  con- 
necting carrier  as  to  the  per  diem  charges  which  may  be 
agreed  upon  between  them  for  the  use  of  cars  while  off  the 
line  of  the  owning  carrier.  Any  carrier  which  shall  violate 
any  provision  of  this  section  shall  forfeit  and  pay  to  the 
State  of  Indiana  a  penalty  of  not  less  than  $500  nor  more 
than  $1,000  for  each  offense,  to  be  collected  in  an  action  to 
be  prosecuted  by  and  in  the  name  of  the  railroad  commis- 
sion of  Indiana  for  the  use  and  benefit  of  the  State  of 
Indiana  in  any  Circuit  or  Superior  Court  of  any  county  in 
this  State  through  or  into  which  the  offending  carrier 
operates.  In  case  any  such  carrier  or  carriers  refuse  to  fix 
such  rates  as  provided  In  this  section  or  fail  to  agree  upon 
the  division  of  any  such  joint  rates,  then  the  railroad  com- 
mission of  Indiana  shall  fix  such  rates  and  the  division 
thereof  in  the  manner  now  provided  by  law  or  in  such  man- 
ner as  may  hereafter  be  provided  by  law. 

Investigation.  §  5216.  14.  The  railroad  commission  of 
Indiana  shall  have  authority  to  inquire  into  such  of  the 
management  and  business  of  such  carriers  as  is  regulated 
by  this  Act,  and  shall  keep  informed  as  to  the  manner  and 
method  in  which  the  same  is  conducted,  and  shall  have  the 
right  to  obtain  from  such  carriers,  their  agents,  officers  and 
employes,  full  and  complete  information  to  enable  it  to  per- 
form its  duties  under  this  Act,  and  such  commission  is 
hereby  authorized  and  required  to  execute  and  enforce  the 
provisions  of  this  Act,  and  for  that  purpose  may,  with  the 
approval  of  the  governor,  employ  and  pay  counsel  and  other 
persons  to  assist  it,  and  it  shall  have  authority  to  sue,  in 
its  name  as  such,  in  all  the  courts  of  this  State  and  to 
prosecute  therein  all  necessary  and  appropriate  actions  at 
law,  or  suits  in  equity,  for  the  purpose  of  securing  an  ob- 


servance and  enforcement  of  this  Act.  In  case  such  com- 
mission, in  any  such  action,  shall  be  entitled  to  a  tempo- 
rary restraining  order  or  injunction,  pending  final  hearing, 
all  such  courts  shall  grant  the  same,  with  all  reasonable 
dispatch,  and  without  requiring  bond  or  surety  from  such 
commission.  All  the  laws  of  this  State  now  in  force,  or 
which  may  hereafter  be  enacted  concerning  examinations 
by  the  railroad  commission  of  Indiana  of  books  and  papers, 
and  the  production  thereof,  and  the  attendance  of  examina- 
tion of  witness  in  any  investigation  held  by  such  commis- 
sion, shall  apply  and  regulate  the  proceedings  of  such  com- 
mission in  any  investigation  held  by  it  pursuant  to  this 
Act. 

Emergency  conditions — Receiver.  §  5217.  15.  In  case 
any  such  carrier  or  carriers  shall  fail  to  provide  the 
equipment,  motive  power,  and  other  facilities  necessary 
to  properly  receive  and  care  for  the  business  on  their 
lines,  as  required  by  this  Act,  or  in  case  any  such  car- 
riers shall  fail  and  neglect  to  perform  any  of  the  duties 
enjoined  upon  them  by  this  Act,  and  on  account  of  any 
such  failure,  or  neglect,  any  considerable  traffic  on  its 
or  their  line  is  refused,  or  not  promptly  moved,  as  re- 
quired by  this  Act,  resulting  in  material  injury  to  the 
citizens  of  any  community  in  this  State,  or  to  the  in- 
dustries or  commerce  of  any  portion  of  the  State,  then 
the  Railroad  Commission  of  Indiana,  after  five  days' 
notice  to  the  carrier  or  carriers  interested,  and  a  hear- 
ing had,  shall  adopt  such  temporary  and  emergency 
rates  and  establish  such  temporary  and  emergency 
routes  of  shipment,  and  adopt  such  temporary  and 
emergency  regulations  concerning  the  movement  of 
traffic  as  shall  be  necessary  to  correct  the  existing  con- 
ditions, and  may  issue  orders  suspending  certain  trafllc 
in  favor  of  other  traffics  for  the  purpose  of  preventing 
existing  or  threatened  public  calamity  or  distress.  The 
carriers  shall  promptly  comply  with  all  such  orders  of 
the  commission,  and  upon  their  failure  so  to  do,  the  com- 
mission shall  apply  in  its  name  to  any  court  of  compe- 
tent jurisdiction  for  the  appointment  of  an  operating 
receiver,  for  the  purpose  of  enforcing  all  such  orders, 
rules  and  regulations  adopted  by  it,  and  such  commis- 
sion may  also  apply  in  its  name  to  any  such  court  for 
the  appointment  of  a  receiver  for  any  such  carrier  to 
enforce  any  other  provision  or  requirement  of  this 
Act  which  the  offending  carrier  has  failed  to  observe. 
In  any  such  proceeding  the  court  shall  have,  in  addi- 
tion to  all  the  other  powers  and  authority  of  such 
courts,  full  power  and  authority  to  operate  any  such 
road  through  its  receiver,  and  enforce  any  and  all  such 
orders  made  by  the  commission  concerning  the  same, 
as  shall  be  approved  by  such  court,  and  continue  so  to 
do  so  long  as  the  occasion  therefor  exists.  And  any 
court  shall  have  authority  in  any  such  proceeding  to 
order  its  receiver  to  purchase  such  equipment  and  motive 
power,  and  to  supply  such  other  appliances  and  facili- 
ties as  may  be  necessary  to  properly  transact  the  car- 
riers' present  and  prospective  business  in  this  State, 
in  the  manner  required  by  this  Act,  and  every  such 
court  shall  have  authority  to  authorize  its  said  receiver 
to  issue  and  sell  receivers'  certificates  for  the  purpose 
of  obtaining  funds  for  the  uses  specified  in  this  Act, 
or  to  issue  certificates  of  indebtedness  to  pay  for  any 
such  expenditures  as  are  authorized  by  this  Act,  and 
such  courts  are  hereby  authorized  to  declare  any  and  all 
such  certificates  as  it  may  authorize  to  be  issued,  pursu- 
ant to  this  Act,  to  be  the  first  and  prior  lien  upon  the 
property  and  income  of  the  carrier  In  such  manner  and 
upon  such  terms  as  the  court  shall  decree. 

Invalid  portions.  §  5218.  16.  In  case  any  of  the  provi- 
sions of  this  Act  shall  be  held  invalid,  such  fact  shall 
not  operate  to  make  invalid  any  other  portion  of  the 
Act,  and  the  portions  of  this  Act  not  adjudged  to  be 
invalid  shall  be  observed  and  enforced  the  same  as 
though  the  Invalid  portion  had  not  been  enacted. 

(Acts  1903,  p.  271.     In  force  March  9,  1903.) 

Operating  as  interurian  electric  railway.  §5219.  (5153a.) 
1.  That  whenever  any  railway  company,  heretofore  or  here- 
after organized  under  the  general  railroad  laws  of  the 
State  of  Indiana,  but  operating  or  intending  to  operate 
as  an  interurban  electric  or  street  railway,  shall  desire 
to  avail  itself  of  the  rights,  privileges  and  powers  and 
subject  itself  to  the  duties,  obligations  and  liabilities  of 
interurban   electric   or   street   railway    companies,   organ- 


466 


National  Association  of  Eailway  Commissioners 


ized  under  the  laws  of  the  State  of  Indiana  relating 
tSiereto,  it  shall  be  lawful  for  such  company  by  a  vote 
of  its  board  of  directors,  with  the  unanimous  consent 
of  the  stockholders,  to  effect  such  change  by  causing  to 
be  filed  in  the  office  of  the  secretary  of  State  a  certifi- 
cate reciting  such  desire  and  the  action  of  such  board, 
signed  by  the  president  and  majority  of  the  board  of  di- 
rectors and  attested  by  the  secretary  and  the  seal  of 
such  company;  provided,  that  nothing  herein  shall  be 
construed  so  as  to  permit  either  company  to  operate  as 
both  a  steam  railroad  and  an  interurban  electric  or 
street  railway;  and  provided,  further,  that  at  the  time 
of  filing  such  certificate  such  company  shall  pay  to  the 
secretary  of  State,  for  the  benefit  of  the  State,  the 
same  fees  required  to  be  paid  for  filing  the  articles  of 
Incorporation  of  a  company  with  the  same  authorized 
capital  stock. 

Privileges  and  obligations.  §  5220.  (5153b.)  2.  From 
the  time  of  filing  such  certificate  such  company  shall 
be  entitled  to  all  the  rights,  privileges  and  powers  and 
subject  only  to  the  duties,  obligations  and  liabilities  of 
Interurban  electric  or  street  railway  companies,  organ- 
ized under  the  laws  relating  thereto,  as  aforesaid;  pro- 
vided, that  nothing  in  this  Act  contained  shall  in  any 
manner  affect  any  suit  pending  by  or  against  such  com- 
pany or  any  rights  held  by  it  at  the  time  the  certifi- 
cate herein   provided   for  shall   be   filed  as   aforesaid. 

(Acts  1905,  p.  45.     In  force  April  15,  1905.) 

Hauling  freight  by  steam.  %  5221.  (5153c.)  1.  That 
any  railroad  company  heretofore  organized  under  the 
general  railroad  law,  and  which  has  heretofore  availed 
itself  of  the  provisions  of  the  Act  of  March  9,  1903. 
authorizing  such  railroad  companies  to  operate  as  inter- 
urban, electric  or  street  railways,  shall  have  the  right 
to  haul  freight,  freight  cars  and  trains  by  steam  loco- 
motives. 

(Acts  1873,  p.  186.  In  force  March  7,  1873.) 
Crossing  railroad  track,  j' 5222.  (5154.)  1.  Where  it 
becomes  necessary  for  the  track  of  one  railroad  company 
to  cross  the  track  of  another  railroad  company,  the  com- 
pany owning  the  road  last  constructed  at  such  crossing 
shall,  unless  otherwise  agreed  to  between  such  com- 
panies, be  at  the  exclusive  expense  of  constructing  such 
crossing  in  a  manner  to  be  convenient  and  safe  for  both 
companies. 

Repairs  of  crossings.  §5223.  (5155.)  2.  Whenever 
such  railroad  crossing  is  constructed  in  the  manner 
provided  for  in  the  preceding  section.  It  shall  be  the 
duty  of  each  company,  respectively,  to  maintain  and 
keep  in  repair  its  own  track,  so  as  at  all  times  to 
provide  a  ready,  safe  and  convenient  crossing  for  all 
locomotives  or  trains  passing  either  road  at  such  point. 

(Acts  1883,  p.  55.  In  force  March  2,  1883.) 
Crossings — Signals — Approval  of  auditor  of  State.  §  5224. 
(5156.)  1.  When  and  in  any  case  two  or  more  railroads 
crossing  each  other  at  a  common  grade  shall,  by  a 
system  of  Interlocking  or  automatic  signals,  or  by  any 
works  or  fixtures  to  be  erected  by  them,  render  it  safe 
for  engines  and  trains  to  pass  over  such  crossing  with- 
out stopping  and  such  works  and  fixtures  shall  first  be 
approved  by  the  auditor  of  State,  and  the  plan  of  said 
works  and  fixtures  for  such  crossing,  designating  the 
place  of  crossing,  shall  have  been  filed  with  the  auditor 
of  State,  then,  and  in  that  case,  it  is  hereby  made  law- 
ful for  the  engines  and  trains  of  such  railroad  or  rail- 
roads to  pass  over  said  crossing  without  stopping,  any 
law,  or  the  provisions  of  any  law,  now  in  force  to  the 
contrary  notwithstanding.  And  all  such  other  provi- 
sions and  laws  contrary  hereto  are  hereby  declared  not 
to  be  applicable  in  such  case;  provided,  however,  that 
if  the  auditor  of  State  shall  disapprove  such  plans,  or 
fail  to  approve  the  same  within  20  days  after  the  filing 
thereof,  the  railroad  company  or  companies  interested 
or  applying  for  such  privilege  may  appeal  therefrom,  and 
apply  to  the  Circuit  Court  of  the  county  wherein  such 
crossing  is  located,  or  the  judge  thereof  in  vacation, 
and  the  auditor  shall  certify  his  propeedings  and  trans- 
mit the  same,  together  with  all  the  papers  therein,  to 
such  court,  and  such  court,  or  judge  in  vacation,  shall 
take  jurisdiction  thereof,  and  proceed  to  hear  and  de- 
termine the  same;    provided,  further,  that  when  the  ap- 


pliances, or  the  electric  system  provided  for  in  this  Act, 
shall  be  appointed  by  any  railroad  or  railway  company, 
such  appliances  or  system  shall  not  be  used  or  put  in 
at  any  railroad  crossing  in  this  State,  to  the  detriment 
of  any  other  railroad  or  railway  company,  unless  such 
other  company,  by  its  proper  officers,  consent  thereto 
in   writing. 

Civil  engineer.  §  5225.  (5157.)  2.  The  auditor  of 
State,  or  in  case  of  appeal  the  court  or  judge,  if  either 
deem  it  advisable,  may  appoint  a  competent  civil  engi- 
neer to  examine  such  proposed  plan  and  report  the  re- 
sult of  such  examination  for  the  information  of  such 
auditor,  court  or  judge. 

Expenses.  §5226.  (5158.)  3.  The  auditor  shall  be 
allowed  for  his  services  $10  for  every  day  in  which  he 
shall  be  engaged  in  such  duty,  and  the  engineer  shall  be 
allowed  such  reasonable  sum  as  the  auditor,  court  or 
judge  shall  award,  and  all  costs  and  expenses  shall 
be  paid  by  the  railroad  company  or  companies  in  inter- 
est, which  shall  be  taxed,  paid  or  collected  as  in  other 
cases. 

(Acts  1897,  p.  237.  In  force  March  8,  1897.) 
Railroads  crossing  each  other.  §5227.  (5158a.)  1.  Ttat 
where  it  becomes  necessary  for  the  track  of  one  railroad 
company  to  cross  the  track  of  another  railroad  company, 
unless  the  manner  of  making  such  crossing  shall  be 
agreed  to  between  such  companies  it  shall  be  the  dvty 
of  the  Circuit  Court  wherein  such  crossing  is  locatod, 
or  the  judge  thereof  in  vacation,  to  ascertain  and  de- 
fine by  its  decree  the  mode  of  such  crossing  which  sh  ill 
Inflict  the  least  practicable  injury  upon  the  rights  of 
the  company  owning  the  road  which  is  intended  to  be 
crossed;  and  if  in  the  judgment  of  such  court  it  is 
reasonable  and  practicable  to  avoid  a  grade  crossing,  it 
shall  by  its  process  prevent  a  crossing  at  grade. 

Interlocking  switches.  §5228.  (5158b.)  2.  That  wh  in 
in  case  two  or  more  railroads,  or  a  railroad  and  in 
electric  road  crossing  each  other  at  a  common  grade,  or- 
any  railroad  crossing  a  stream  by  any  swing  or  dn  w 
bridge,  shall,  by  a  system  of  interlocking  or  by  othar 
works  or  fixtures  to  be  erected  by  them  or  either  of 
them,  render  it  safe  for  engines  or  trains  to  pass  OT  ar 
such  crossing  or  bridge  without  stopping,  and  su  :h 
system  of  interlocking  works  or  fixtures  shall  first  )e 
approved  by  the  auditor  of  State,  and  the  plan  of  su  h 
interlocking  works  or  fixtures  for  such  crossing  or  brid  ,'e 
designating  the  place  of  crossing  shall  have  been  fll  ;d 
with  such  auditor,  then  and  in  that  case  it  is  here  )y 
made  lawful  for  the  engines  and  trains  of  such  railro  id 
or  railroads  to  pass  over  such  crossing  or  bridge  withe  at 
stopping,  any  law  or  the  provisions  of  any  law  now  in 
force  to  the  contrary  notwithstanding;  provided,  ttat 
the  said  auditor  shall  have  and  is  hereby  given  pow  jr 
in  case  such  interlocking  system  or  other  fixtures  shill 
in  his  judgment  prove  to  be  unsafe  or  impracticable  to 
order  the  same  discontinued,  opportunity  first  being  giv  m 
to  the  person  or  company  operating  the  same  to  )e 
heard  before  said  auditor  as  to  the  propriety  of  su  :h 
order.  In  case  such  order  is  made  and  enforced,  the  <  x- 
isting  statutes  relative  to  stopping  at  crossings  sh  ill 
apply  until  such  time  as  a  device  approved  by  S£  id 
auditor   is   substituted. 

Petition  to  auditor  of  State — Proceedings.  §5229.  (5158( .) 
3.  That  in  case  where  the  tracks  of  two  or  more  railroads, 
or  the  tracks  of  a  railroad  and  an  electric  railroad,  cr(  ss 
each  other  at  common  grade  In  this  State,  any  compa  ly 
owning  any  one  of  such  tracks,  whose  managers  m  \y 
desire  to  unite  with  others  in  protecting  such  crossi  ig 
with  interlocking  or  other  safety  devices  and  shall  lo 
unable  to  agree  with  such  others  on  the  matter,  iii  ly 
file  with  the  said  auditor  a  petition  stating  the  fails 
of  the  situation,  and  asking  said  auditor  to  order  such 
crossing  to  be  protected  by  interlocking,  or  other  saf«  ty 
devices;  said  petition  shall  be  accompanied  by  a  plan 
showing  the  location  of  all  tracks  and  switches,  and 
upon  the  filing  thereof,  notice  shall  be  given  to  each 
.  company  or  j)ersons,  owning  or  operating  any  track 
involved  in  such  crossing,  and  the  said  auditor  there- 
upon view  the  site  of  such  crossing,  and  shall,  as  soon 
as  practicable,  appoint  a  time  and  place  for  the  hearing 
of  such  petition.  At  the  time  and  place  named  for 
hearing,  unless  the  hearing  is  for  good  cause  continued. 


Public  Service  Laws 


467 


said  auditor  shall  proceed  to  try  the  question  of 
whether  or  not  the  crossing  shall  be  protected  by  inter- 
locking or  other  safety  devices,  and  shall  give  all  com- 
panies and  parties  interested  an  opportunity  to  be  fully 
heard;  and  after  such  hearing  said  auditor  shall  enter 
an  order  upon  a  record  book  or  docket,  to  be  kept  for 
that  purpose,  granting  or  denying  such  petition,  and 
in  case  the  same  is  granted  such  order  shall  prescribe 
the  Interlocking  or  other  safety  devices  for  such  crossing 
and  all  other  matters  which  may  be  proper  to  the 
efficient  protection  of  such  crossing,  and  in  such  order 
the  auditor  shall  designate  the  proportion  of  the  cost  of 
the  construction  of  such  plant,  and  the  expense  of 
maintaining  and  operating  the  same,  which  each  of  the 
companies  or  persons  concerned  shall  pay,  and  shall 
also  fix  the  time  within  which  such  appliance  shall  he 
put  in,  such  time,  however,  not  to  exceed  90  days  from 
the   making   of  such   order. 

Expense  of  interlocking.  §  5230.  (5158d.)  4.  In  case, 
however,  one  railroad  company  or  an  electric  railroad 
company  shall  hereafter  cross  at  grade  with  its  track 
or  tracks  the  track  or  tracks  of  another  railroad,  the 
railroad  company  or  the  electric  railroad  company  seek- 
ing to  cross  at  grade  shall  be  compelled  to  interlock 
such  crossing  to  the  satisfaction  of  the  said  auditor, 
and  to  pay  all  -cost  of  such  appliance,  together  with  the 
expense  of  putting  them  in  and  the  future  maintenance 
and  operation  thereof;  provided,  this  Act  shall  not  ap- 
ply to   crossings   of  sidetracks  only. 

Crossing  without  stopping.  §5231.  (5138e.)  5.  When- 
ever interlocking  or  other  safety  devices  are  constructed 
and  maintained  in  compliance  with  §  3  or  4  of  this  Act, 
then  and  in  that  case  it  shall  be  lawful  for  the  engines 
and  trains  of  such  railroad  or  railroads  and  the  cars 
of  such  electric  railroad  to  pass  over  such  crossing 
without  stopping,  any  law  or  the  provisions  of  any 
law  now  in  force  to  the  contrary  notwithstanding;  and 
all  such  other  provisions  of  law  contrary  thereto  are 
hereby  declared  not  to  be  applicable  in  such  case. 

Penalty  for  violating  Act.  §5232.  (5158f.)  6.  Any 
person,  company  or  corporation  refusing  or  neglecting 
to  comply  with  any  order  made  by  said  auditor  in  pur- 
suance of  this  Act  shall  forfeit  and  pay  a  penalty  of 
|500  per  week  for  each  week  of  such  refusal  and  neglect, 
the  same  to  be  recovered  in  an  action  of  debt  in  the 
name  of  the  State  of  Indiana,  and  to  be  paid  when  col- 
lected into  the  county  treasury  of  any  county  in  which 
such  suit  may  be  tried. 

Engineer  to  examine  plan.  §  5233.  (5158g.)  7.  That 
the  auditor  of  State,  if  he  deems  it  advisable,  may  ap- 
point a  competent  civil  engineer  to  examine  such  pro- 
posed plan,  and  report  the-  result  of  such  examination 
for   the   information   of  said  auditor. 

Pay  of  auditor.  §5234.  (5158h.)  8.  That  the  auditor 
shall  be  allowed  for  his  services  $10  every  day  in  which 
he  shall  be  engaged  in  such  duty,  and  the  engineer  shall 
be  allowed  such  reasonable  sum  as  the  auditor  shall 
award. 

(1  R.  S.  1852,  p.  409.  In  force  May  6,  1853.) 
Title  by  appropriation.  §  5235.  (5159.)  14.  In  case 
any  company  formed  under  this  Act  is  unable  to  agree 
for  the  purchase  of  any  real  estate  in  any  county, 
which  may  be  required  for  the  construction  of  the 
track  turnouts  and  water  stations,  it  shall  have  the  right 
to  acquire  the  title  to  the  same  in  the  manner  and  by 
the  special  proceedings  prescribed  in  this  Act. 

Proceedings  to  appropriate.  §5236.  (5160.)  15.  Such 
company  is  hereby  authorized  to  enter  upon  any  land 
for  the  purpose  of  examining  and  surveying  its  railroad 
line,  and  may  appropriate  so  much  thereof  as  may  be 
deemed  necessary  for  its  railroad,  including  necessary 
sidetracks  and  water  stations,  materials  for  constructing 
(except  timber)  a  right  of  way  over  adjacent  lands 
sufficient  to  enable  such  company  to  construct  and  repair 
Its  road,  and  a  right  to  conduct  water  by  aqueducts,  and 
the  right  of  making  proper  drains.  The  corporation 
shall  forthwith  deposit  with  the  clerk  of  the  Circuit 
Court,  or  other  court  of  record  of  the  county  where  the 
land  lies,  a  description  of  the  rights  and  interests  in- 
tended to  be  appropriated;  and  such  land,  rights  and  in- 
terests shall  belong  to  such  company,  to  use  for  the 
purpose    specified,    by    making   or    tendering    payment   as 


hereinafter  provided.  The  corporation  may,  by  its  di- 
rectors, purchase  any  such  lands,  materials,  rights  of 
way  or  interest  of  the  owner  of  such  land,  or,  in  case 
the  same  is  owned  by  a  person  insane  or  an  infant,  at 
a  price  to  be  agreed  upon  by  the  parent  or  regularly 
constituted  guardian  of  said  insane  person  or  infant,  if 
the  same  shall  be  approved  by  the  court  in  which  the 
description  aforesaid  shall  be  filed;  and  in  such  agreement 
and  approval,  the  owner,  guardian,  or  parent,  as  the  case 
may  be,  shall  convey  the  said  premises,  so  purchased.  In 
fee-simple,  or  otherwise,  as  the  parties  may  agree,  to 
such  railroad  company;  and  the  deed,  when  made,  shall 
be  deemed  valid  in  law.  If  the  corporation  shall  not 
agree  with  the  owner  of  the  land,  or  with  his  guardian, 
if  the  owner  be  incapable  of  contracting,  touching  the 
damages  sustained  by  such  appropriation,  such  corpo- 
ration shall  deliver  to  such  owner  or  guardian,  if  within 
the  county,  a  copy  of  such  instrument  of  appropriation. 
If  the  owner  (or  his  guardian,  in  case  such  owner  is 
incapable  of  contracting)  be  unknown  or  do  not  reside 
within  the  county,  such  corporation  shall  publish.  In 
some  newspaper  of  general  circulation  in  the  county, 
for  the  term  of  three  weeks,  an  advertisement  reciting 
the  substance  of  such  instrument  of  appropriation. 
Upon  filing  such  Act  of  appropriation  and  delivery  of 
such  copy,  or  making  such  publication,  the  Circuit  Court 
or  other  court  of  record  in  the  county  where  the  land 
lies,  or  any  judge  thereof  in  vacation,  upon  the  appli- 
cation of  either  party,  shall  appoint,  by  warrant,  three 
disinterested  freeholders  of  such  county  to  appraise  the 
damages  which  the  owner  of  the  land  may  sustain  by 
such  appropriation.  Such  appraisers  shall  be  duly  sworn. 
They  shall  consider  the  injury  which  such  owner  may 
sustain  by  reason  of  such  railroad;  and  shall  forthwith 
return  their  assessment  of  damages  to  the  clerk  of  such 
court,  setting  forth  the  value  of  the  property  taken  or 
injury  done  to  the  property  which  they  assess  to  the 
owner,  or  owners,  separately,  to  be  by  him  filed  and 
recorded;  and  thereupon,  such  corporation  shall  pay  to 
said  clerk  the  amount  thus  assessed,  or  tender  the 
same  to  the  party  in  whose  favor  the  damages  are 
awarded  or  assessed;  and  on  making  payment  or  tender 
thereof  in  the  manner  herein  required,  it  shall  be  law- 
ful for  such  corporation  to  hold  the  interests  in  such 
lands  or  materials  so  appropriated,  and  the  privilege  of 
using  any  materials  on  said  roadway  and  within  50  feet 
on  each  side  of  the  center  of  such  roadway,  for  the  uses 
aforesaid.  The  cost  of  such  award  shall  be  paid  by 
such  company;  and  on  notice  by  any  party  interested 
and  showing  said  proceedings,  the  court  may  order  pay- 
ment thereof,  and  enforce  such  payment  by  execution. 
The  award  of  said  arbitrators  may  be  reviewed  by  the 
Circuit  or  other  court  in  which  such  proceedings  may 
be  had,  on  written  exceptions  filed  by  either  party  in 
the  clerk's  office,  within  10  days  after  filing  of  such 
award;  and  the  court  shall  take  such  order  therein 
as  right  and  justice  may  require,  by  ordering  a  new  ap- 
praisement on  good  cause  shown;  provided,  that  not- 
withstanding such  appeal,  such  company  may  take  i>os- 
session  of  the  property  therein  described  as  aforesaid, 
and  the  subsequent  proceedings  on  the  appeal  shall  only 
affect  the  amount  of  compensation  to  be  allowed.  If, 
prior  to  the  assessment,  the  corporation  shall  tender  to 
such  owner  (or  his  guardian,  if  he  be  unable  to  con- 
tract) an  amount  equal  to  the  award  afterward  made, 
exclusive  of  costs,  the  cost  of  arbitration  shall  be  paid, 
equally,  by  such  company  and  such  owner  or  guardian. 

(Acts  1889,  p.  352.    In  force  May  10,  1889.) 

What  companies  may  proceed  under  this  Act.  §  5237. 
(5161.)  1.  That  any  railroad  company  organized  under 
the  laws  of  the  State  of  Indiana,  but  not  under  an  Act 
of  the  legislature  of  said  State  entitled,  "An  Act  to 
provide  for  the  incorporation  of  railroad  companies," 
approved  May  11,  1852,  may  adopt  the  provisions  of  said 
Act,  for  condemning  real  estate;  provided,  that  nothing 
herein  contained  shall  be  deemed  or  held  to  authorize 
such  corporations  to  condemn  for  any  purpose  or  to 
any  extent  not  authorized  by  its  charter,  but  such  com- 
pany adopting  the  provisions  of  said  Act  shall  not  con- 
demn more,  or  for  any  purpose  than  as  authorized  by 
its    charter;    neither    shall    such    corporation    be    deemed 


468 


National  Association  of  Railway  Commissioners 


m 


to    have    surrendered    or    abandoned   Its    charter   by    con- 
demning real  estate  as  herein  authorized. 

Pending  litigation.  §5238.  (5162.)  2.  This  Act  shall 
not  apply  to  any  pending  litigation,  and  such  litigation 
now  pending  may  be  prosecuted  to  effect  under  existing 
laws  the  same  as  though  this  Act  had  not  passed. 

(1  R.  S.  1852,  p.  409.  In  force  May  6,  1853.) 
Adverse  claimants.  §5239.  (5163.)  16.  If  there  be 
adverse  or  conflicting  claimants  to  the  money,  or  any 
part  of  it,  to  be  paid,  as  compensation  for  the  real 
estate  taken,  the  court  may  direct  the  money  to  be 
paid  into  the  said  court  by  the  company,  or  take  security 
for  the  same  until  it  can  determine  who  is  entitled  to  the 
same,  and  shall  direct  to  whom  the  same  shall  be  paid, 
and  may,  in  its  discretion,  order  a  reference,  to  ascer- 
tain the  facts  on  which  such  determination  and  order 
are  to  be  made. 

Unknown  parties — Amendments.  §  5240.  (5164.)  17. 
The  court  shall  appoint  some  competent  attorney  to  ap- 
pear for  and  protect  the  rights  of  any  party  in  interest 
who  is  unknown,  or  whose  residence  is  unknown,  and 
who  has  not  appeared  in  the  proceedings  by  an  attorney 
or  agent.  The  court  shall  also  have  power,  at  any  time, 
to  amend  any  defect  or  informality  in  any  of  the  special 
proceedings  authorized  by  this  Act  as  may  be  necessary, 
or  to  cause  new  parties  to  be  added,  and  to  direct  such 
further  notice  to  be  given  to  any  party  in  interest,  as 
It  deems  proper;  and  also  to  appoint  other  commissioners 
in  the  place  of  any  who  shall  die  or  refuse  or  neglect 
or  are  able  to  serve,  or  who  may  leave  or  be  absent 
from  the   State. 

Defective  title.  §5241.  (5165.)  18.  At  any  time  after 
an  attempt  to  acquire  title  by  appraisal  of  damages  or 
otherwise,  if  it  shall  be  found  that  the  title  thereby 
attempted  to  be  acquired  is  defective,  the  company  may 
proceed  anew  to  acquire  or  perfect  the  same  in  the  same 
manner  as  if  no  appraisal  had  been  made.  At  any  stage 
of  such  proceedings,  the  court  may  authorize  the  corpora- 
tion, if  In  possession,  to  continue  in  possession,  and  it 
not  in  possession,  to  take  possession  of  and  use  such 
real  estate  during  the  pendency  and  until  the  final  con- 
clusion of  such  new  proceedings;  and  may  stay  all 
actions  and  proceedings  against  the  company,  or  any 
officer,  agent  or  workman  of  such  company,  on  account 
thereof,  on  such  company  paying  into  court  a  sufficient 
sum  (as  the  court  may  direct)  to  pay  the  compensation 
therefor,  when  finally  ascertained;  and  in  every  such 
case,  the  party  interested  in  such  real  estate  may  con- 
duct the  proceedings  to  a  conclusion,  it  the  company 
delay  or  omit  to  prosecute  the  same. 

(Acts  1893,  p.  335.  In  force  March  4,  1893.) 
Recording  of  release  of  right  of  way.  §5242.  (5166). 
1.  That  any  railroad  corporation,  lessee  or  assignee,  or 
receiver,  or  other  person  or  corporation,  running,  control- 
ling or  operating,  or  that  may  hereafter  construct,  build, 
run,  control  or  operate  any  railroad  into  or  through  this 
State,  shall,  within  45  days  from  the  date  of  execution  of 
any  conveyance,  lease,  release  or  other  contract  affecting 
the  right  of  way  of  any  railroad  hereafter  constructed, 
record,  or  cause  to  be  recorded,  in  the  proper  records  in 
the  recorder's  office  of  the  county  wherein  the  lands  are 
situated  so  conveyed,  leased,  released  or  constructed. 

Failure  to  record— Effect.  §5243.  (5167.)  2.  Every 
such  conveyance,  lease,  release  or  other  contracts  affect- 
ing any  right  of  way  of  any  railroad  not  so  recorded  in 
45  days,  as  provided  for  in  §  1  of  this  Act,  shall  be  void 
as  against  any  subsequent  purchaser,  lessee  or  mortgagee 
in  good  faith  and  for  a  valuable  consideration. 

(Acts  1899,  p.  477.    In  force  April  27,  1889.) 

Adverse  use  of  railroad  land.  §  5244.  (5167a.)  1.  That 
the  use  by  the  public  of  the  right  of  way  or  depot 
grounds  of  any  railroad  in  this  State  by  riding,  driving 
or  walking  thereon  shall  not  ripen  into  a  right  to  con- 
tinue to  do  so  even  though  it  has  been  so  used  for  a 
period  of  20  years  or  more;  nor  shall  such  use  be  evi- 
dence of  a  grant  to  do  so  except  where  such  use  is  made 
across  such  ground  to  connect  a  street  or  highway  on 
each  side  thereof  and  except  where  a  court  of  compe- 
tent jurisdiction  has  adjudged  the  existence  of  a  street 
or  highway. 


(Acts,  1  R.  S.,  1852,  p.  409.  In  force  May  6,  1853.) 
Borrowing  money.  §5245.  (5168.)  19.  Such  company 
may,  from  time  to  time,  borrow  such  sums  of  money  as 
it  may  deem  necessary  for  completing  or  operating  its 
railroads,  and  issue  and  dispose  of  its  bonds  tor  any 
amount  so  borrowed,  for  such  sums,  and  at  such  rate 
of  interest  as  is  allowed  by  the  laws  of  the  State  where 
such  contract  is  made,  and  may  mortgage  its  corporate 
property  and  franchises  to  secure  the  payment  of  any 
debt  contracted  by  such  company;  and  the  directors  of 
such  company  may  confer  on  any  holder  of  any  bond 
issued  for  money  borrowed  as  aforesaid,  the  right  to  con- 
vert the  principal  due  or  owing  therein  into  stock  of 
said  company,  at  any  time  not  exceeding  15  years  from 
the  date  of  said  bond,  under  such  regulations  as  the 
company  may  adopt;  and  such  company  may  sell  its 
bonds,  either  within  or  without  the  State,  at  such  rates 
and  prices  as  permitted  by  law,  and  such  sales  shall 
be  as  valid  as  it  such  bonds  should  be  sold  at  par  value. 
Preferred  stock.  §  5246.  (5169.)  20.  For  the  purpose 
of  providing  means  for  the  payments  of  its  debts,  and  for 
the  construction  of  its  road,  materials  or  equipments, 
such  company  may  issue  preferred  stock  to  an  amount 
not  exceeding  one-half  of  the  amount  of  its  capitfl. 
with  such  priority  over  the  remaining  stock  of  such  coi  i- 
pany,  in  the  payment  of  dividends,  as  the  directors  of 
such  company  may  determine  and  shall  be  approved  by  a 
majority   of    the    stockholders. 

Altering  line.  §5247.  (5170.)  21.  If,  at  any  time  aft(  r 
the  location  of  the  track  of  such  road,  in  whole  or  in  par:, 
and  the  filing  of  the  map  thereof,  it  shall  appear  to  tie 
directors  of  such  company  that  the  line  thereof  may  I  e 
Improved,  such  directors  may,  from  time  to  time,  altt  r 
the  line,  and  cause  a  new  map  to  be  filed  in  the  office  whei  e 
the  map  showing  the  first  location  is  filed,  and  may  ther  - 
upon  take  possession  of  lands  embraced  in  such  new  loc:  - 
tion  that  may  be  required  for  the  construction  and  mail  - 
tenance  of  such  road  on  such  new  line,  either  by  agre  ■ 
ment  with  the  owner  or  by  such  proceedings  as  are  a  • 
thorized  under  the  preceding  sections  of  this  Act,  and  us  i 
the  same  in  place  .of  the  line  for  which  the  new  is  su'  - 
stituted.  But  nothing  in  this  Act  shall  be  so  construed''^  ^ 
to  confer  upon  any  railroad  company  already  Incorpi  - 
rated  any  power  to  locate  its  road  on  any  route  whic  i 
would  not  have  been  authorized  by  the  charter  previous!  / 
granted.  And  nothing  in  this  Act  contained  shall  ai  - 
thorize  the  said  company  to  make  a  location  of  its  trac  c 
within  any  city  without  the  consent  of  the  common  coui  - 
cil  of  said  city;  nor  shall  such  company  have  power  so  t  ) 
change  its  road  as  to  avoid  any  point  named  in  its  articj 
of  association. 


n 


(1865,  p.  118.    In  force  December  20,  1865.) 
Altering  route  maps.    §5248.     (5171.)    1.   If,  at  any  tiir 
after  the  location  of  the  line  of  any  railroad  chartered  ty 
this  State  and  the  filing  of  the  map  thereof,  it  shall  a; 
pear  to  the  directors  of  such  company  that  the  line  there<  t 
is    necessarily    dangerous,    inconvenient    or    expensive    \) 
operate,  by  reason  of  unavoidable  causes,  grades  or  ser 
ous  errors  in  location,  such  directors  may  make  local  a 
teratlon  of  the  line,  and  cause  a  new  map  to  be  filed  ii 
the  office  where  the  map  showing  the  first  location  is  fileil, 
and    may   thereupon    take    possession   of   the    lands   em- 
braced in  such  new  location  which  may  be  necessary  fc  r 
the  construction  and   maintenance  of  such   road  on  sue  a 
altered  line,  either  by  agreement  of  the  owner  or  by  sue  a 
proceedings  as  are  authorized  by  the  charter  of  such  com- 
pany, and  may  use  such  new  line  in  place  of  the  one  '{ 
which  it  is  substituted;  but  nothing  in  this  Act  shall  be  s 
construed  as  to  confer  upon  such  railroad  company  any 
power  to  locate  its  road  on  any  route  which  would  not 
have  been  authorized  by  its  charter;  and  nothing  in  tli  f^ 
Act  contained   shall   authorize   such   company   to   make    i 
location  of  its  track  within  any  city  without  the  consci  t 
of   the  common   council   of   such   city,   nor  to   change   its 
road  so  as  to  avoid  any  point  named  In  its  charter.    And 
any  change  so  made  by  any  railroad  company  shall  su> 
ject  said  railroad  company  to  the  payment  of  all   dan- 
ages  that  may  be  sustained  by  any  person,  persons  or  cci- 
poration  on  account  of  such  change;  provided,  that  it  ai;y 
railroad  company  change  or  relocate  any  part  of  Its  track 
for  a  distance  of  one  mile  or  more,  thereby  abandoning 
any  part  of  its  track  or  road  as  previously  located,  con- 


Public  Service  Laws 


469 


structed  and  operated,  for  a  distance  of  one  mile  or  more, 
such  railroad  company  shall,  previous  to  such  change,  re- 
location or  abandoning,  pay  to  the  owner  or  owners  of 
any  real  estate  lying  upon,  along  or  near  the  route  or  lino 
of  said  road  from  which  such  track  is  proposed  to  he 
taken,  all  damages  which  may  accrue  to  such  owner  or 
owners  on  account  of  such  removal;  such  damages  shall 
be  assessed  in  the  same  manner  as  lands  taken  for  rail- 
road purposes  in  pursuance  of  the  statute  now  in  force  in 
this  State;  and  said  damages  when  so  assessed  shall  be 
paid  to  the  owner  or  owners  of  said  lands,  or  paid  into  the 
office  of  the  clerk  of  the  county  in  which  said  lands  are 
located,  for  the  use  of  said  owner  or  owners,  previous  to 
the  relocation  or  abandonment  of  said  track;  provided, 
further,  that  in  all  cases  where  any  railroad  company  has 
heretofore,  or  may  hereafter,  make  any  such  alterations 
as  are  provided  for  in  this  Act  the  board  of  county  com- 
missioners of  the  county  in  which  such  alterations  are 
made  may  locate  a  public  highway  on  the  old  line  or  route 
of  such  railroad  for  which  new  line  is  substituted,  by 
the  same  proceedings  and  on  the  same  terms  as  public 
highways  are  now  or  may  be  hereafter  located.  (As 
amended  Acts  1907,  p.  373.) 

The  original  of  this  section  was  amended  in  1903. 
Acts  1903,  p.  218. 

(1  R.  S.  1852,  p.  409.  In  force  May  6,  1853.) 
Crossing  roads.  §  5249.  (5172.)  22.  Whenever  the 
track  of  such  railroad  shall  cross  a  road  or  highway, 
such  road  or  highway  may  be  carried  under  or  over  the 
track,  as  may  be  most  expedient;  and  in  the  cases  where 
an  embankment  or  cutting  shall  make  a  change  in  the 
line  of  such  road  or  highway  desirable,  with  a  view  to  a 
more  easy  ascent  or  descent,  the  said  company  may  take 
such  additional  lands  for  the  construction  of  such  road  or 
highway,  or  such  new  line,  as  may  be  deemed  requisite  by 
said  directors.  Unless  the  lands  so  taken  shall  be  pur- 
chased or  voluntarily  given  for  the  purposes  aforesaid, 
compensation  therefor  shall  be  ascertained,  in  the  man- 
ner in  this  Act  provided,  as  nearly  as  may  be,  and  duly 
made  by  such  corporation  to  the  owners  and  persons  In- 
terested in  such  lands;  and  the  same,  when  so  taken  and 
compensation  made,  shall  become  part  of  such  intersect- 
ing road  or  highway,  in  such  manner  and  by  such  terms 
as  the  adjacent  parts  of  such  highway  may  be  held  for 
highway  purposes. 

(Acts  1895,  p.  233.     In  force  March  11,  1895.) 

Railroad  street  crossings — Grading.  §  5250.  (5172a.)  1. 
That  it  shall  be  the  duty  of  each  railroad  company  whose 
road  or  tracks  cross,  or  shall  hereafter  cross,  any  street, 
avenue  or  alley  in  any  incorporated  town  or  city  In  the 
State  of  Indiana,  which  said  street,  avenue  or  alley  has 
been,  or  shall  hereafter  be,  by  addition,  plat  or  otherwise, 
dedicated  to  the  public  use,  to  properly  grade  and  plank 
or  gravel  its  said  road  and  tracks  at  its  intersection  with 
and  crossing  of  said  street,  avenue  or  alley  in  accord- 
ance with  the  grade  of  said  street  or  avenue,  in  such 
manner  as  to  afford  security  for  life  and  property  at  said 
intersection  and  crossing. 

Failure  to  obey  notice — Penalty.  §5251.  (5172b.)  2. 
Every  such  railroad  company  which  fails  or  neglects  to 
comply  with  the  provisions  of  the  preceding  section  after 
30  days'  written  notice  by  the  authorities  of  such  city  or 
town  shall  be  served  on  such  railroad  company  shall  be 
held  liable  therefor  to  the  State  of  Indiana  in  a  penalty 
of  not  16ss  than  $20  nor  more  than  $50,  to  be  recovered  in 
a  civil  action  at  the  suit  of  said  State,  and  in  the  Circuit 
or  Superior  Court  of  any  county  in  which  said  crossing 
may  be  located. 

Actions  to  recover  penalties.  §  5252.  (5172c.)  3.  All 
actions  for  the  recovery  of  the  penalties  prescribed  in 
the  preceding  section  shall  be  prosecuted  in  the  name  of 
the  State  of  Indiana  by  the  prosecuting  attorney  of  any 
county,  when  such  failure  or  neglect  as  aforesaid  may 
occur;  and  such  prosecuting  attorney  shall  be  entitled  to 
recover  and  receive  for  his  services  in  such  cases,  as  a 
docket  fee,  $10  in  each  case,  to  be  taxed  as  part  of  the 
costs  in  such  cases. 

Disposition  of  penalties  collected.  §  5253.  (5172d.)  4. 
All  penalties  collected  under  the  provisions  of  this  Act 
shall,  by  the  clerk  of  the  court  where  assessed  and  re- 
covered, be  paid  over  to  the  treasurer  of  the  county  in 


which  said  suit  was  instituted  for  the  benefit  of  the  com- 
mon school  fund  of  the  State. 

Work  may  be  done  at  expense  of  company.  §  5254. 
(5172e.)  5.  Should  any  such  railroad  company  fail  or  neg- 
lect to  comply  with  the  provisions  of  §  1  of  this  Act  withia 
the  time  prescribed  in  the  notice  hereinbefore  provided  for, 
then  said  town  or  city  may  have  said  work  done  at  said 
crossing  and  intersection,  in  the  manner  prescribed  itt 
said  section,  and  recover  the  amount  of  the  cost  and  ex- 
penses thereof,  including  reasonable  attorney  fees,  from 
said  railroad  company  by  suit  in  any  court  of  competent 
■jurisdiction. 

(Acts  1893,  p.  302.  In  force  May  18,  1893.) 
Lights  at  street  crossings.  §  5255.  (5173.)  1.  That 
the  common  council  of  all  cities  of  this  State,  not  work- 
ing under  a  special  charter  granted  by  the  legislature  of 
the  State  of  Indiana,  shall  have  the  power  to  provide  by 
ordinance  or  resolution  for  the  security  and  safety  of 
citizens  and  other  persons  from  the  running  of  trains 
through  any  city,  by  requiring  railroad  companies  running" 
and  operating  a  railroad  through  any  city  to  keep  and 
maintain  lights  on  all  nigtts  that  the  common  council  may- 
direct,  at  the  points  where  the  railroad  tracks  cross  a. 
street  in  any  city,  and  may  in  such  ordinance  or  resolu- 
tion provide  what  kind  of  lights  the  railroad  company 
shall  maintain,  and  the  manner  of  enforcing  the  com- 
pliance with  the  said  resolution  or  ordinance  by  the  rail- 
road company,  and  for  that  purpose  shall  have  power  to 
pass  and  enforce  a  penal  ordinance;  provided,  that  no- 
city  shall  have  authority  under  this  Act  to  pass  any  reso- 
lution or  ordinance  requiring  any  railroad  company  to 
maintain  any  different  kinds  of  lights  than  that  main- 
tained by  said  city.     *    *     * 

(Acts  1901,  p.  160.     In  force  May  15,  1901.) 

Switch  lights.  §  5256.  (5173a.)  1.  That  every  steam 
railroad  company  operating  wholly  or  partly  in  the  State- 
of  Indiana  shall  place  and  maintain  upon  each  switch  In 
said  State  that  is  connected  with  the  main  track  a  signal 
light  attached  in  such  manner  to  the  moving  panel  of 
such  switch  that  it  will  indicate  safety  when  such  switch 
is  set  to  such  main  track,  and  that  will  indicate  danger 
when  such  switch  is  not  set  to  the  main  track.  Said  light 
shall  be  kept  brightly  burning  constantly  between  the 
hours  of  sunset  and  sunrise,  and  on  such  days  or  parts 
of  days  as  are  dark  and  foggy. 

Derail  switch  lights.  §  5257.  (5173b.)  2.  That  every 
steam  railroad  company  operating  wholly  or  part^  in 
the  State  of  Indiana  shall  maintain  a  signal  light  as  in 
§  1  described  and  provided,  attached  to  and  operated  by 
the  moving  panel  of  every  derail  switch  in  '.he  State  of 
Indiana.  Said  light  shall  be  attached  to  such  derail 
switch  and  be  in  plain  view  of  all  approaching  trains,  and 
kept  brightly  burning  constantly  between  the  hours  of 
sunset  and  sunrise;  providing,  that  this  section  shall  not 
apply  to  the  derails  which  are  connected,  mechanically 
or  otherwise,  with  what  is  generally  designated  as  thee 
home  signal  at  interlockings. 

Injuries  to  employes.  §5258.  (5173c.)  3.  _  That  for 
any  violation  of  or  failure  to  comply  with  any  of  the  pro- 
visions of  this  Act  such  company  shall  be  liable  to  all 
persons  and  employes  injured  by  reason  thereof,  and  no 
employe  shall  in  any  case  be  held  to  have  assumed  the. 
risk  incurred  by  reason  of  such  violation  or  failure. 

Penalties.  §  5259.  (5173d.)  4.  Any  company  or  per- 
son whose  duty  it  is  to  carry  out  the  requirements  of  this 
Act,  who  shall  violate  any  of  the  requirements  or  pro- 
visions of  this  Act,  shall,  "for  each  violation  thereof,"  be 
deemed  guilty  ot  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  any  sum  not  less  than  $25  nor  more  than 
$500. 

(Acts  1891,  p.  364.  In  force  March  9,  1891.) 
Highway  crossings — Flagmen.  §  5260.  (5174.)  1.  That 
all  railroads  owned  or  operated  in  the  State  having  more 
than  two  tracks  across  any  public  highway  or  road,  and 
used  for  switching  purposes  exclusively,  or  regularly,  or 
if  only  one  track,  and  used  for  switching  purposes,  said 
railroad  corporation  shall,  upon  the  order  of  the  county 
commissioner  in  which  said  railroad  is  located,  place  a 
flagman  at  said  crossing  and  maintain  the  same  at  their 
expense  from  six  o'clock  A.  M.  to  eight  o'clock  P.  M.  of 


4?U 


JSaxioxal  Association  of  Railway  OoiiiiissioxERS 


each  day  and  every  day,  or  so  long  as  said  commission- 
ers deem  it  necessary. 

Penalty.  §5261.  (5175.)  2.  Should  said  railroad  cor- 
poration neglect  or  refuse  to  comply  with  said  order,  they 
shall  forfeit  and  pay  to  the  State  of  Indiana  not  less  than 
$100  nor  more  than  $1,000. 

(1  R.  S.  1852,  p.  409.    In  force  May  6,  1853.) 

Public  lands.  §  5262.  (5176.)  23.  If  any  corporation 
shall,  for  its  purposes  aforesaid,  require  any  land  belong- 
ing to  the  State  or  to  any  county  or  town,  the  general  as- 
sembly and  the  county  and  town  officers,  respectively, 
having  charge  of  such  lands  may  grant  such  lands  to  such 
corporation  upon  such  terms  as  shall  be  agreed  upon;  and 
if  they  shall  not  so  agree,  the  same  may  be  taken  by  the 
corporation  in  the  same  manner  as  provided  in  other 
cases.  No  railroad  shall  be  located  upon  or  across  the 
grounds  of  the  State  occupied  by  the  institutions  for  the 
insane,  the  blind  or  the  deaf  and  dumb. 

Officers'  badges.  §  5263.  (5177.)  24.  Every  conductor, 
baggagemaster,  engineer,  brakeman,  or  other  servant  of 
any  such  railroad  corporation,  employed  on  a  passenger 
train  or  at  stations  for  passengers,  shall  wear  upon  his 
hat  or  cap  a  badge,  which  shall  indicate  his  office  and  the 
initial  letters  of  the  style  of  the  corporation  by  which  he 
is  employed.  No  collector  or  conductor,  without  such 
badge,  shall  demand  or  be  entitled  to  receive  from  any 
passenger  any  fare,  toll,  or  ticket,  or  exercise  any  of  the 
powers  of  his  ofRce,  and  no  other  of  said  officers  or  ser- 
vants, without  such  badge,  shall  have  any  authority  to 
meddle  or  interfere  with  any  passenger  or  property. 

Annual  report.  §5264.  (5178.)  25.  Every  such  cor- 
poration shall  make  an  annual  report  to  the  secretary  of 
State  of  the  operations  of  the  year  ending  on  the  first 
day  of  January;  which  report  shall  be  verified  by  the 
oaths  of  the  treasurer  and  acting  superintendent  of  op- 
erations, and  filed  in  his  offic-e  by  the  tenth  day  of  Jan- 
uary in  each  year,  and  shall  state: 

First.  The  capital  stock,  and  the  amount  actually 
paid  in. 

Second.  The  amount  expended  for  the  purchase  ot 
lands  for  the  construction  of  the  road,  for  buildings,  and 
for  engines  and  cars,  respectively. 

Third.  The  amount  and  nature  of  its  indebtedness, 
and  the  amounts  due  the  corporation. 

Fourth.  The  amount  received  for  the  transportation 
of  passengers,  of  property,  of  mails,  and  from  other 
sources 

Fiftli.  The  amount  of  freight  (specifying  the  quantity 
in  tons)  of  the  products  of  the  forests,  of  animals,  of 
vegetable  food  and  other  agricultural  products,  manu- 
factures, merchandise,  and  other  articles. 

Sixth.  The  amount  paid  for  repairs,  engines,  cars, 
buildings  and  salaries. 

Seventh.  The  number  and  amount  of  dividends,  and 
when  paid. 

Eighth.  The  number  of  engine-houses  and  shops,  and 
of  engines  and  cars,  and  their  character. 

Ninth.  The  number  of  miles  run  by  passengers,  freight 
and  other  trains,  respectively. 

Lien  for  taxes  and  debts.  §5265.  (5179.)  26.  The 
State  shall  have  a  lien  upon  all  railroads  of  such  corpo- 
rations, and  of  their  appurtenances  and  stock  therein,  for 
all  penalties,  taxes,  and  dues  which  may  accrue  to  the 
State  from  such  corporations;  which  lien  of  the  State 
shall  have  precedence  of  all  demands,  judgments,  or  de- 
crees against  said  corporations.  And  the  citizens  of 
this  State  shall  have  a  lien  upon  all  personal  property 
of  said  corporations,  to  the  amount  of  $100,  for  all  debts 
originally  contracted  within  this  State;  which,  after  said 
lien  of  the  State,  shall  take  precedence  of  all  other  debts, 
demands,  judgments  or  decrees,  liens  or  mortgages  against 
such  corporations. 

United  States  mails.  §  5266.  (5180.)  27.  Any  such 
corporation  shall,  when  applied  to  by  the  postmaster-gen- 
eral, convey  the  mails  of  the  United  States  on  its  road; 
and  in  case  such  corporation  shall  not  agree  to  the  rates 
of  transportation  thereof,  and  as  to  time,  rate  of  speed, 
manner  and  condition  of  carrying  the  same,  the  gov- 
ernor of  this  State  may  appoint  three  commissioners,  who, 
or  a  majority  of  them,  after  15  days'  notice,  in  writing,  of 
the  time  and  place  of  meeting  to  the  corporation,  shall 


1| 


4 


determine  and  fix  the  prices,  times  and  conditions  afore 
said;  but  such  prices  shall  not  be  less  for  conveying  said 
mails  in  the  regular  passenger  trains  than  the  amount 
which  said  corporation  would  receive  as  freight  on  a  like 
weight  of  merchandise  transported  in  their  merchandise 
trains  and  a  fair  r ompensation-  for  the  postoffice  car. 
And  in  case  the  postmaster-general  shall  require  the  mail 
to  be  carried  at  other  hours  and  at  a  higher  speed  than 
the  passenger  trains  are  run,  the  corporation  shall  fur- 
nish an  extra  train  for  the  mail,  and  be  allowed  an  extra 
compensation  therefor. 

Non-paying  passenger  put  off.  §5267.  (5181.)  28.  It 
any  passenger  shall  refuse  to  pay  his  fare  or  toll,  the  con- 
ductor of  the  train  or  the  servants  of  the  corporation  may 
put  him  out  of  the  cars  at  any  usual  stopping  place. 

(1875,  p.  125.  In  force  March  10,  1875.) 
Disorderly  passengers.  §5268.  (5182.)  2.  When  a: 
passenger  shall  be  guilty  of  disorderly  conduct,  shall  use 
any  obscene  language,  or  shall  play  any  games  of  cards 
or  chance  for  money  upon  any  passenger  train,  the  con- 
ductor of  such  train  is  hereby  authorized  .to  stop  his; 
train  at  any  place  where  such  offense  has  been  com- 
mitted, and  eject  such  passenger  from  the  train,  using 
only  such  force  as  may  be  necessary  to  accomplish  such 
removal,  and  may  command  the  assistance  of  the  em- 
ployes of  the  railroad  company  to  assist  in  such  removal 
but  before  doing  so  he  shall  tender  to  such  passenger 
such  proportion  of  the  fare  he  has  paid  as  the  distance  In- 
then  is  from  the  place  to  which  he  has  paid  his  fan 
bears  to  the  whole  distance  for  which  he  has  paid  farj 

Conductors    have   police    powers.      §  5269.      (5183.) 
The   conductors  of   ill  trams  carrying  passengers  witl 
this  State  shall  be  invested  with  police  powers  while 
duty  on  their  respective  trains. 

Arrest  of  passenger.  §  5270.  (5184.)  3.  When  an: 
passenger  shall  be  guiltj  of  any  crime  or  misdemeanoi 
upon  any  passenger  train,  the  conductor  of  such  train  maj 
arrest  such  passenger  and  take  him  before  any  justict 
of  the  peace  in  the  county  in  which  such  crime  or  mis 
demeanor  is  committed,  and  file  an  affidavit  before  sucl 
justice  of  the  peace,  charging  him  with  such  crime 
misdemeanor. 

(1  R.  S.  1852,  p.  409.  In  force  May  6,  1853.) 
Duty  as  to  running  trains.  §5271.  (5185.)  20.  Eve 
such  corporation  shall  start  and  run  its  cars  for  the  trans 
portation  of  persons  and  property  at  regular  times,  to  b< 
fixed  by  public  notice,  and  shall  furnish  sufficient  accom 
modation  for  the  transportation  of  all  such  passenger 
and  property  as  shall,  within  a  reasonable  time  previou: 
thereto,  offer  or  be  offered  for  transportation  at  the  placi 
of  starting,  at  the  junctions  of  other  railroads,  and  a 
sidings  and  stopping  places  established  for  receiving  am 
discharging  way-passengers  and  treight;  and  shall  take 
transport  and  discharge  such  passengers  and  property  at, 
from  and  to  such  places,  on  the  due  payment  of  toU 
freight  or  fare  therefor. 

(Acts  1903,  p.  217.  In  force  April  23,  1903.) 
Brakes  on  engines  and  trains.  §  5272.  (5185a.) 
That  from  and  after  the  first  day  of  January,  1904, 
shall  be  unlawful  for  any  person,  firm,  company  or  cot- 
poration  engaged  in  commerce  by  railroad  from  one  poin: 
to  another  in  this  State  to  use  on  its  line  any  locoinc- 
five  engine  from  one  point  in  the  State  to  another  poin; 
in  the  State  unless  such  locomotive  is  equipped  with 
proper  driving  wheel  brake  and  appliances  for  operatin,; 
the  train  brake  system,  or  using  any  train  in  such  traffl ; 
after  said  date  that  has  not  a  sufficient  number  of  car^ 
in  it  so  equipped  with  power  or  train  brakes  that  th ; 
engineer  on  the  locomotive  drawing  such  train  ca  i 
control  its  speed  without  requiring  trainmen  to  use  th) 
common  hand  brake  for  that  purpose. 

See  §§  5278-5291  for  Act  of  1907,  which  contains  some 
provisions  similar  to  the  provisions  of  this  Act. 

Automatic  couplers.  §5273.  (5185b.)  2.  That  on  and 
after  the  first  day  of  January,  1904,  it  shall  be  unlawful 
for  any  such  person,  firm,  company  or  corporation  to  haul 
or  permit  to  be  hauled,  or  used  on  its  line,  any  car  used 
in  moving  traffic  from  one  point  within  this  State  to 
another  point  within  this  State,  not  equipped  with  couples, 
coupling  automatically  by  impact,  and  which  can  be  un- 


V 


PuKLic  Servick  Laws 


471 


coupled  without  the  necessity  of  men  going  between  the 
ends  of  the  cars. 

Cars  of  connecting  roads.  §5274.  (5185c.)  3.  That 
when  any  person,  firm,  company  or  corporation  engaged 
In  commerce  within  this  State  by  railroad  shall  have 
equipped  a  sufficient  number  of  its  cars  so  as  to  comply 
with  the  provisions  of  §  1  of  this  Act,  it  may  lawfully 
refuse  to  receive  from  any  connecting  lines  of  road  or 
shippers  any  cars  not  equipped  sufficiently,  in  accord- 
ance with  the  first  section  of  this  Act,  with  such  power 
or  train  brakes  as  will  work  and  readily  Interchange 
with  the  brakes  in  use  on  its  own  cars,  as  required  by 
this   Act. 

Grabirons  or  handholds.  §  5275.  (5185d.)  4.  That 
from  and  after  the  first  day  of  January,  1904,  it  shall 
be  unlawful  for  any  person,  firm,  company  or  corpora- 
tion operating  any  railroad  to  use  any  car  in  any  com- 
merce wholly  within  fhis  State  that  is  not  provided 
with  secure  grabirons  or  handholds  on  fach  side  of  the 
coupler  at  both  ends  of  the  car,  and  on  each  side  of  the 
car   at  each   end   of  such  car. 

Penalties — Duty  of  prosecutor.  §5276.  (5185e.)  5. 
That  any  such  person,  firm,  company  or  corporation 
using  any  locomotive  engine,  running  any  train,  or  haul- 
ing or  permitting  to  be  hauled  or  used  on  its  line  any 
car,  in  violation  of  any  of  the  provisions  of  this  Act. 
shall  be  liable  to  a  penalty  of  $10  for  each  and  every 
violation,  to  be  recovered  in  a  suit  to  be  brought  by 
the  prosecuting  attorney  in  any  court  in  this  State 
having  jurisdiction  in  the  locality  where  such  violation 
shall  have  been  committed,  and  it  shall  be  the  duty  of 
such  prosecuting  attorney  to  bring  such  suits  upon  duly 
verified  information  of  such  violation  having  occurred; 
provided,  that  nothing  in  this  Act  contained  shall  apply 
to  trains   composed   of   four   wheel   cars. 

Employes  assuming  risks.  §  5277.  (5185f.)  6.  That 
any  employe  of  any  such  person,  firm,  company  or 
corporation  so  engaged  in  operating  a  railroad  within 
this  State,  who  may  be  Injured  by  any  locomotive,  car 
or  train  in  use  contrary  to  the  provisions  of  this  Act, 
shall  not  be  deemed  to  have  assumed  the  risk  occa- 
sioned thereby,  although  continuing  in  the  employment 
of  such  person,  firm,  company  or  corporation  after  the 
unlawful  use  of  such  locomotive,  car  or  train  has  been 
brought   to   his   knowledge. 

(Acts  1907,  p.  186.    In  force  April  10,  1907.) 

Brakes  on  engines  and  cars.  S  5278.  1.  That  It  shall 
be  unlawful  for  any  common  carrier  engaged  in  moving 
traffic  by  railroad  between  points  within  this  State  to 
use  on  its  line  any  locomotive  in  moving  such  traffic 
not  equipped  with  power  driving  wheel  brakes  and 
appliances  for  operating  the  train  brake  system,  or  to 
run  any  train  in  such  traffic  that  has  not  75  per  centum 
of  the  cars  in  such  train  equipped  with  power  or  train 
brakes,  and  having  the  brakes  used  and  operated  by  the 
engineer  or  the  locomotive  drawing  such  train,  and  all 
power  brake  cars  in  such  train  shall  be  associated  to- 
gether and  have  their  brakes  used  and  operated;  pro- 
vided, that  this  section  shall  not  apply  to  the  handling 
of  trains  or  cars  in  yard  service,  or  to  a  local  train 
while  engaged  in  performing  switching  service. 

This  Act  contains  many  similar  provisions  to  the  Act 
of   1903,   which   is   §§  5272-5277. 

Automatic  couplers.  §  5279.  2.  That  it  shall  be  un- 
lawful for  any  such  common  carrier  to  haul,  or  permit 
to  be  hauled  or  used  on  its  line,  any  locomotive,  car, 
tender  or  similar  vehicle  used  in  moving  State  traffic 
not  equipped  with  couplers  coupling  automatically  by 
impact,  and  which  can  be  uncoupled  without  the  neces- 
sity of  men  going  between  the  ends  of  the  cars. 

Grabirons.  handholds.  §  5280.  3.  That  it  shall  be  un- 
lawful for  any  such  common  carrier  to  haul,  or  permit 
to  be  hauled  or  used  on  its  line,  any  locomotive,  car, 
tender  or  similar  vehicle  used  in  moving  of  State  traffic 
not  provided  with  secure  grabirons  or  liandholds  in  the 
sides  or  ends  thereof. 

Drawbars.  §  5281.  4.  That  it  shall  be  unlawful  tor 
any  such  common  carrier  to  use  any  locomotive,  tender, 
car  or  similar  vehicle  used  in  the  movement  of  State 
traffic   that   is   not   provided   with   drawbars   of   standard 


height;  to-wit,  standard  gauge  cars,  34 Vi  inches;  narrow 
gauge  cars,  2G  inches,  measured  perpendicularly  from 
the  level  of  the  tops  of  the  rails  ta  the  centers  of  the 
drawbars;  the  maximum  variation  from  such  standard 
heights  between  drawbars  of  empty  and  loaded  cars  shall 
be  3  inches. 

Application  to  passenger  traffic.  §  5282.  5.  That  the 
provision  of  §  §  1,  2  and  4  of  this  Act  shall  also  apply 
to  locomotives,  cars  and  trains  used  in  passenger  traffic 
between  points  within  this  State,  in  so  far  as  the  same 
are  applicable  to  the  vehicles  used  in  passenger  train 
traffic;  provided,  that  none  of  the  provisions  of  §§1,  2, 
3  and  4  of  this  Act  shall  apply  to  any  street  railroad, 
interurban   or    suburban   street   railroad. 

Interurbans — Power  and  hand  brakes.  §  5283.  [As 
amended  by  Act  approved  March  4,  1911.]  That  it  shall 
be  unlawful  for  any  common  carrier  in  this  State 
operating  an  interurban  railway  by  electric  power  to 
operate  or  run  upon  any  railroad  in  this  State  any 
motor  car  used  in  regular  interurban  passenger  traffic 
which  is  not  equipped  with  an  approved  power  air  brake, 
in  good  condition,  and  subject  to  the  control  and  oper- 
ation of  the  motorman  in  charge  of  such  car,  and  of 
sufficient  capacity  to  control  the  speed  of  the  car.  It 
shall  also  be  unlawful  for  any  common  carrier,  operating 
a  steam  or  electric  railway,  and  engage  [engaged]  in 
moving  traffic  between  points  in  this  State,  to  operate  or 
run  upon  any  railroad  in  this  State  any  freight  or  pas- 
senger train  which  is  not  equipped,  as  to,  at  least,  as  to 
a  steam  railroad  75  per  cent,  and  as  to  an  interurban 
street  railroad  50  per  cent  of  the  cars  in  said  train, 
with  an  approved  system  of  hand  brakes  in  addition  to 
the  power  or  train  brakes  required  by  §  1  of  said  Act 
of  March  8,  1907,  which  hand  brakes  shall  be  kept  at 
all  times  in  proper  working  condition  and  of  sufficient 
capacity  to  control  the  speed  of  such  train;  provided, 
that  the  hand  brakes  upon  every  passenger  coach,"  both 
steam  and  electric,  shall  be  so  constructed  that  they  can 
be  operated  in  connection  with  the  air  or  power  brakes 
upon  such  coach ;  provided,  however,  that  whenever  such 
power  air  brakes  become  disabled  from  any  cause  while 
such  car  is  in  service  on  any  such  railroad,  then  if  such 
car  is  equipped  with  a  hand  brake  sufficient  therefor  it 
may  complete  its  run;  and,  provide  [provided]  further, 
that  this  Act  shall  not  make  it  unlawful  to  run  such 
disabled  car  to  the  most  convenient  repair  shop  upon 
the  road  upon  which  it  is  then  being  operated;  provided, 
that  this  Act  shall  not  apply  to  city  street  railway  cars, 
or  cars  engaged  in  suburban  traffic. 

Extension  of  time.  §  5284.  7.  The  Railroad  Commis- 
sion of  Indiana  may,  from  time  to  time,  after  full  hear- 
ing and  for  good  cause  shown,  increase  the  minimum 
percentage  of  cars  in  any  train  required  to  be  operated 
by  power  or  train  brakes,  and  a  failure  to  comply  with 
any  such  requirement  of  said  commission  shall  be 
subject  to  a  like  penalty  as  a  failure  to  comply  with 
any  requirement  of  this  Act.  The  said  Railroad  Com- 
mission of  Indiana  is  hereby  authorized  to  grant  to  any 
common  carrier,  subject  to  this  Act,  upon  full  hearing 
and  for  good  cause  shown,  a  reasonable  extension  of 
time  in  which  to  comply  with  the  provisions  of  this 
Act;  provided,  that  in  no  case  shall  such  extension  or 
extensions,  in  the  aggregate,  exceed  the  period  of  18 
months   from   and   after  the   approval  of  this  Act. 

Connecting  lines  equipment.  §  5285.  8.  That  any  such 
common  carrier  may  refuse  to  receive  from  its  connect- 
ing lines,  or  from  any  shipper,  any  car  not  equipped 
in   accordance   with  the   provisions  of  this  Act. 

Enforcement — Inspectors — Transportation.  §  5286.  9. 
It  is  hereby  made  the  duty  of  the  Railroad  Commission 
of  Indiana  to  enforce  the  provisions  of  this  Act,  and  it 
is  hereby  authorized,  with  the  consent  and  approval  of 
the  governor,  to  appoint  and  pay  an  inspector,  or  in- 
spectors, to  assist  in  so  doing  and  in  collecting  the 
neccessary  information  required  for  that  purpose,  and 
such  commission  may  adopt  and  promulgate  all  needful 
rules  and  regulations,  not  inconsistent  with  this  Act, 
to  control  the  conduct  of  its  Inspectors  and  sUch  car- 
riers in  reference  to  this  Act  and  such  inspection.  All 
carriers  subject  hereto  shall  provide  free  transportation, 
good   in   this   State,   for  the  inspectors   employed   by   said 


472 


National  Association  of  Railway  Commissioners 


commission,    to    be    used    only    while    traveling    on    the 
business  of  the  commission. 

Penalty.  §  5287.  10.  That  every  such  common  carrier 
or  the  receiver  thereof  using,  or  permitting  to  be  used 
or  hauled  on  its  line,  any  locomotive,  tender,  car  or 
similar  vehicle  or  train,  in  violation  of  any  of  the  pro- 
visions of  this  Act,  shall  be  liable  to  a  penalty  of  |100 
for  each  violation,  to  be  recovered  in  a  suit  or  suits  to 
be  brought  by  and  in  the  name  of  the  Railroad  Com- 
mission of  Indiana  for  the  use  of  the  State  of  Indiana 
in  any  Circuit  or  Superior  Court  of  this  State  having 
jurisdiction  over  any  such  offending  carrier;  provided, 
that  nothing  in  this  Act  contained  shall  apply  to  loco- 
motives, tenders,  cars  or  trains  exclusively  used  in  the 
movement  of  logs,  and  when  the  height  of  the  drawbars 
on  such  locomotives,  tender  and  cars  does  not  exceed 
25  inches,  or  to  locomotives,  tenders,  cars,  similar  ve- 
hicles or  trains  while  any  of  which  are  in  actual  use 
in   interstate   commerce. 

Overhead  bridges — Viaducts.  §  5288.  11.  [As  amended 
by  Act  approved  March  i,  1911.]  It  shall  be  unlawful 
for  any  steam  railroad  carrier  in  this  State  which  oper- 
ates freight  trains  over  its  lines  in  the  State  to  main- 
tain over  or  across  its  line  in  this  State  any  overhead 
bridge,  viaduct  or-  other  structure,  the  lowest  point  of 
which  is  less  than  21  feet  above  the  level  of  the  top  of 
the  rails  in  the  track  of  any  such  carrier,  without  ob- 
taining the  permission  of  the  railroad  commission  of 
Indiana  so  to  do.  It  shall  also  be  unlawful  for  any 
party,  person,  association,  municipal  or  private  corpora- 
tion to  hereafter  construct  or  hereafter  maintain  across 
the  track  of  any  such  steam  railroad  carrier  any  such 
overhead  bridge,  viaduct,  or  other  structure,  the  lowest 
point  of  which  is  less  than  21  feet  above  the  level  of 
the  top  of  the  rails  in  any  such  track,  without  obtaining 
the  permission  of  the  railroad  commission  of  Indiana 
so  to  do;  provided,  that  this  section  shall  not  apply  to 
bridges,  or  viaducts  within  the  limits  of  any  city  or 
incorporated  town  in  the  State;  nor  shall  this  Act  oper- 
ate to  repeal  or  modify  the  laws  of  this  State  concern- 
ing the  location  of  wires  across  railroads,  street  rail- 
roads,  Interurban   or   suburban   railroads. 

Steam  railroad — Structure  or  bridge — Clearance.  §  5289. 
[As  amended  by  Act  approved  March  4,  1911.]  It  shall 
hereafter  be  unlawful  for  any  steam  railroad  carrier  in 
this  State  engaged  in  operating  a  line  of  standard  gauge 
railroad  therein,  or  for  any  person  or  persons,  associa- 
tion, municipal  or  private  corporation,  to  build  or  main- 
tain any  structure  of  any  kind,  or  any  existing  railway 
bridge,  or  to  alter  or  rebuild  an  existing  structure  of  any 
kind,  or  any  existing  railway  bridge  along  the  line  of 
any  such  railroad  In  this  State,  in  which  that  part  of  any 
such  structure  or  bridge  nearest  to  the  track  shall  be 
less  than  7  feet  from  the  center  thereof,  without  first 
obtaining  permission  of  the  railroad  commission  of  Indi- 
ana so  to  do. 

Interfering  with  appliances — Penalty.  §  5290.  [As 
amended  by  Act  approved  March  4,  1911.]  Every  such 
common  carrier,  party,  person,  association  or  municipal, 
or  private  corporation  which  shall  violate  any  of  the 
provisions  of  §  12  of  this  Act,  after  receiving  60  days' 
notice  from  the  railroad  commission  of  Indiana  that 
some  provision  of  such  section  is  being  violated,  shall 
be  subject  to  a  penalty  of  $500  for  each  violation,  to 
be  recovered  in  an  action  to  be  brought  by  and  in  the 
name  of  the  railroad  commission  of  Indiana  for  and  on 
behalf  of  the  State  of  Indiana  in  any  Circuit  or  Superior 
Court  in  this  State  having  jurisdiction  of  the  offending 
party.  Every  person  who  shall  without  lawful  authority 
injure,  destroy  or  interfere  with  the  proper  and  efficient 
operation  of  any  brake,  coupler,  grabiron,  handhold, 
drawbar,  or  other  safety  appliance  or  device  mentioned 
In  the  above  entitled  Act,  or  employed  by  any  common 
carrier  upon  any  locomotive,  car  or  train,  and  every 
person  who  shall,  without  lawful  authority,  injure,  de- 
stroy or  Interfere  with  the  proper  and  efficient  operation 
of  any  bell,  alarm,  signal  or  other  safety  appliance  or 
device  used  by  a  carrier  or  carriers  to  protect  any 
highway  or  railroad  crossing  within  this  State,  where 
the  same  Is  crossed  by  a  railroad  track  or  tracks,  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  fined  in  any  sum  not  less  than  $5  and  not  more  than 


$500   and   impisoned    [imprisoned]    in  the  county   jail  not 
less   than  30   days  nor  more  than   six  months. 

Liability  for  injuries.  §  5291.  14.  That  any  employe 
of  any  such  common  carrier  who  may  be  killed  or 
injured  by  any  locomotive,  tender,  car,  similar  vehicle, 
or  train  in  use  contrary  to  the  provisions  of  this  Act, 
or  ^-ho  shall  be  killed  or  injured  on  account  of  any  of 
the  structures  forbidden  in  §  §  H  and  12  of  this  Act, 
shall  not  be  deemed  thereby  to  have  assumed  the  risk 
thereby  occasioned,  although  continuing  in  the  employ- 
ment of  such  carrier  after  the  unlawful  use  of  such  loco- 
motive, tender,  car,  similar  vehicle  or  train  or  the  main- 
tenance of  such  unlawful  structures  named  in  §§  11  and 
12  of  this  Act,  had  been  brought  to  his  knowledge,  nor 
shall  any  such  employe  be  held  as  having  contributed 
to  his  injury  in  any  case  where  the  carrier  shall  have 
violated  any  of  the  provisions  of  this  Act  when  such 
violation  contributed  to  the  death-  or  injury  of  any  such 
employe. 

(Acts  1907,  p.  353.    In  force  April  10,  1907.) 

Block  system — Exemption.  §  5292.  1.  That  after  tlie 
first  day  of  July,  1909,  it  shall  be  unlawful  for  any  p<;r- 
son,  firm  or  corporation,  or  the  lessee  or  receiver  of  aiy 
person,  firm  or  corporation,  which  shall  own  or  operate 
any  line  of  railroad  in  this  State,  to  operate  any  train 
over  such  railroad  by  a  steam  iwwer  unless  such  rail- 
road is  equipped  with  and  has  in  operation  an  approved 
block  system  for  the  control  of  train  movements 
thereon;  provided,  that  the  provisions  of  this  sectinn 
shall  not  apply  to  any  such  railroad  as  shall  not  hae 
a  gross  annual  income  from  operation  of  $7,500  or  mo;-e 
per  mile  of  line,  to  be  determined  from  its  last  preceding 
annual   report  to   the  railroad  commission  of  Indiana. 

Railroad  commission  powers.  §  5293.  2.  Powers  ai  d 
authority  are  hereby  conferred  upon  the  Railroad  Coi  i- 
mission  of  Indiana  to  extend  the  time  specified  in  §  1 
of  this  Act  when  it  shall  be  made  to  appear  to  it  th  it 
a  reasonable  necessity  for  such  extension  shall  exli  t, 
provided  that  the  extension  so  granted  shall  not  excei  d 
one  year.  Pull  power  and  authority  are  also  confern  d 
upon  such  commission  to  relieve  any  such  party  fro  n 
complying  with  this  Act  as  to  any  branch  or  spur  lin<  s 
when  it  shall  be  made  to  appear  that  no  reasonab  e 
necessity  therefor  exists.  Full  power  and  authority  a  e 
also  hereby  conferred  upon  such  commission  to  relie''  e 
any  such  party  from  the  obligations  imposed  by  §  1  if 
this  Act  when  it  shall  be  made  to  appear  that  the  volun  e 
of  traffic  and  train  movement  over  any  such  railroad  a  e 
such  only  same  can  be  dispatched  without  substanti  d 
hazard  to  life  and  property  over  a  line  not  so  protected. 

Penalty.  §  5294.  3.  Any  person,  firm  or  corporatio  i, 
receiver  or  lessee  who  or  which  shall  violate  §  1  of  ths 
Act  ^hall  forfeit  and  pay  to  the  State  of  Indiana  tl  e 
sum  of  $1,000  per  week  for  each  week  that  trains  shi  II 
be  operated  over  any  such  railroad  in  violation  of  sui  h 
section,  the  same  to  be  collected  by  the  railroad  commis- 
sion of  Indiana  by  a  suit  in  its  name  for  the  use  of  tl  e 
State  of  Indiana,  in  any  court  of  competent  jurisdic- 
tion. 


(Acts  1907,  p.  18.     In  force  April  10,  1907.) 


a 


Freight  train  crew.  §5295.  1.  That  it  shall  be  un- 
lawful for  any  railroad  company  doing  business  in  tli« 
State  of  Indiana  that  operates  more  than  four  freig  it 
trains  in  every  24  hours,  to  operate  over  its  road  or  any 
part  thereof,  or  suffer  or  permit  to  be  run  over  its  roud 
outside  of  the  yard  limits,  any  freight  train  consisting 
of  more  than  50  freight  or  other  cars,  exclusive  of 
caboose  and  engine,  with  less  than  a  full  train  crcvv, 
consisting  of  six  persons,  to-wit:  One  conductor,  o  le 
engineer,  one  fireman,  two  brakemen  and  one  flagmiin 
(such  flagman  to  have  at  least  one  year's  exiierienoe 
in  train  service),  and  it  shall  be  unlawful  for  any  8u::h 
railroad  company  that  operates  more  than  four  freight 
trains  in  every  24  hours,  to  run  over  its  road,  or  a  ay 
part  thereof,  outside  of  the  yard  limits,  any  freight  train 
consisting  of  less  than  50  freight  cars  or  other  cars, 
exclusive  of  caboose  and  engine,  with  less  than  a  full 
crew  for  such  train,  consisting  of  five  persons,  to-wif: 
One  conductor,  one  engineer,  one  fireman,  one  brakeman 
and  one  flagman;   provided,  however,  that  a  light  engine 


Public  Service  Laws 


473 


without  cars  shall  have  the  following  crew,  to-wit:  One 
conductor,  one  flagman,  one  engineer  and  one  fireman. 

Passenger  train  crews.  §  5296.  2.  That  It  shall  be  un- 
lawful for  any  railroad  company  doing  business  in  the 
State  of  Indiana  to  run  over  its  road  or  any  part  of  its 
road,  outside  of  yard  limits,  any  passenger,  mail  or  ex- 
press train,  consisting  of  five  or  more  cars,  with  less 
than  a  full  passenger  crew,  consisting  of  one  engineer, 
one  fireman,  one  conductor,  one  brakeman  and  one  flag- 
man (said  brakeman  or  flagman  shall  not  be  required 
to  perform  the  duties  of  baggagemasters  or  express  mes- 
sengers). 

Misdemeanor — Penalty.  §  5297.  3.  That  any  railroad 
company  doing  business  in  the  State  of  Indiana,  who 
shall  send  out  on  its  road,  or  cause  to  be  sent  out  on 
Its  road,  any  train  which  is  not  manned  in  accordance 
with  §  §  1  and  2  of  this  Act,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  less  than 
$100  nor  more  than  $500  for  each  offense,  and  such 
company  shall  be  liable  for  any  damages  caused  by  the 
violation   of   any   of   the   provisions   of   this   Act. 

Railroad  commission — Duty.  §  5298.  4.  It  shall  be  the 
duty  of  the  board  of  railroad  commissioners  to  have  this 
law  enforced. 

(Acts  1907,  p.  584.    In  force  April  10,  1907.) 

Rules  for  employes.  §  5299.  1.  That  every  person,  firm 
or  corporation  operating  trains  by  steam  power  on  rail- 
roads in  this  State  shall  publish  printed  rules  for  the 
control  and  operation  of  such  trains  and  shall  deliver 
copies  thereof  to  all  persons  engaged  in  the  operation  of 
such  trains  and  file  a  copy  thereof  with  the  Railroad 
Commission  of  Indiana,  and  shall  instruct  such  employes 
In  the  application  of  such  rules  and  examine  such  em- 
ployes thereon  at  least  once  in  each  six  months  after 
employment  until  the  service  has  continued  for  18 
months  and  annually  thereafter.  Any  person,  firm  or  cor- 
poration failing  to  observe  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor  and,  upon  conviction 
thereof,  for  each  oifense  shall  be  fined  not  less  than 
$25  nor  more  than  $200. 
Be  it  further  enacted: 

Accidents — Investigation.  §  5300.  2.  That  the  railroad 
commission  of  Indiana  shall  call  together  in  convention, 
at  least  once  in  every  year,  the  division  superintendents 
and  such  other  operating  and  dispatching  officers  and 
employes  of  the  steam  railroads  of  this  State  as  the 
commission  may  deem  best,  and  shall  place  before  said 
convention  the  reports  filed  with  the  railroad  commission 
with  reference  to  railroad  accidents  that  have  taken  place 
during  the  year,  together  with  such  findings  and  conclu- 
sions thereon  as  such  commission  shall  have  made,  and 
said  convention  shall  thoroughly  investigate  said  reports, 
findings  and  conclusions  and  discuss  the  same  with  a  view 
to  taking  such  steps  by  the  commission,  by  such  railroad 
companies  and  by  their  officers  and  employes  as  may  be 
necessary  or  expedient  to  prevent  such  accidents. 
Be  it  further  enacted: 

Intoxication — Orders,  rules.  §  5301.  3.  That  it  is 
hereby  declared  to  be  unlawful  for  any  agent,  officer 
or  employe  of  any  person,  firm  or  corporation  engaged  in 
the  operation  of  railroad  trains  by  steam  power  in  this 
State,  to  be  or  become  intoxicated  while  in  the  per- 
formance of  his  duties  as  such,  and  it  is  also  hereby 
declared  to  he  unlawful  for  any  such  person  to  operate 
any  such  train  or  give  orders  or  directions  for  the 
operation  of  any  such  train  contrary  to  the  printed  rules 
of  his  company,  regulating  the  operation  of  railroad 
trains  by  steam  power  in  this  State,  which  are  required 
by  §  1  of  this  Act,  and  it  is  further  declared  to  be 
unlawful  for  any  such  person  to  operate  any  such  train 
or  direct  the  operation  of  any  such  train  in  violation 
of  any  law  of  this  State,  and  any  such  person  so  offend- 
ing shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  not  less  than  $35  and  not  more 
than  $500. 
Be  it  further  enacted: 

Responsibility  for^  accidents.  §  5302.  4.  That  when- 
ever the  Railroad  Commission  of  Indiana,  in  the  in- 
vestigation of  any  accident  involving  loss  of  life,  shall 
come  to  the  conclusion  that  the  accident  occurred  on 
account  of  the  violation  of  the  printed  rules  for  the 
operation   of   trains,   as    required   by   §    1   of   this   Act,   by 


any  officer  qr  employe  of  any  railroad  company  operated 
by  steam  power  in  this  State,  the  commission  may  if  It 
deems  best  so  to  do,  and  the  neglect  of  duty  or  violation 
of  the  rules  is  flagrant  or  has  been  brought  about  by 
the  intoxication  of  any  person  while  on  duty,  report  such 
person  to  the  prosecuting  attorney  of  the  county  wherein 
the  accident  occurred  for  prosecution  under  the  criminal 
laws  of  this  State. 
Be  it  further  enacted: 

Post  copies  of  Act.  §  5303.  5.  That  copies  of  this  Act, 
within  60  days  after  the  same  goes  into  effect,  shall  be, 
by  the  companies  subject  hereto,  printed  and  conspicu- 
ously posted  in  the  train  cabooses,  depots  and  offices  of 
train  dispatchers  and  upon  the  bulletin  boards  at  divi- 
sion headquarters  of  said  companies. 

(Acts  1907,  p.  215.    In  force  April  10,  1907.) 

Hours  of  service;  limitation.  §  5304.  1.  That  it  shall 
be  unlawful  for  any  superintendent,  train  dispatcher, 
yardmaster,  foreman  or  other  railway  official  to  permit, 
exact,  demand  or  require  any  engineer,  fireman,  con- 
ductor, brakeman,  switchman,  telegraph  operator  or 
other  employe  engaged  in  the  movement  of  passenger  or 
freight  trains  or  in  switching  service,  in  yards  or  rail- 
way stations,  to  remain  on  duty  more  ihan  16  consecu- 
tive hours,  except  when  by  casualty  occurring  after 
such  employe  has  started  on  his  trip  he  is  prevented 
from  reaching  his  terminal,  or  to  require  or  permit  any 
such  employe  who  has  been  on  duty  16  consecutive 
hours  to  go  on  duty  without  having  had  at  least  eight 
hours  off  duty,  or  to  require  or  permit  any  such  em- 
ploye who  has  been  on  duty  16  hours  in  the  aggregate 
in  any  24-hour  period  to  continue  on  duty  or  go  on 
duty  without  having  had  at  least  eight  hours  off  duty 
within    such   24-hour    period. 

This  Act  is  deemed  to  repeal  the  Act  of  1903,  Acta 
1903,  page  113,  limiting  the  hours  of  service  of  railroad 
employes. 

Liability  for  injury.  §  5305.  2.  For  any  violation  of  or 
failure  to  comply  with  any  of  the  provisions  of  this 
Act,  such  company  shall  be  liable  to  all  persons  and 
employes  injured  by  reason  thereof,  and  no  employe 
shall  in  any  case  be  held  to  have  assumed  the  risk 
incurred   by   reason   of   such   violation   or   failure. 

Penalty — Railroad  commission.  §  5306.  3.  Any  super- 
intendent, train  dispatcher,  trainmaster,  foreman  or  other 
official  of  any  railway,  in  the  State  of  Indiana,  violating 
any  of  the  provisions  of  this  Act,  is  hereby  declared  to 
be  guilty  of  a  misdemeanor  and.  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  $100  nor 
more  than  $500,  and  it  shall  be  the  duty  of  the  railroad 
commission  to  fully  investigate  all  cases  of  the  violation 
of  this  Act  and  to  lodge  with  the  attorney-general  in- 
formation of  such  violation  as  may  come  to  its  knowl- 
edge. 

When  not  applicable.  §  5307.  4.  The  provisions  of  this 
Act  shall  not  apply  to  relief  or  wreck  trains  while 
clearing  obstructions  to  the  main  line  of  any  railroad. 

(Acts  1907,  p.  46.  In  force  April  10,  1907.) 
Relief  association — Injuries — Waiver.  §  5308.  1.  That 
no  railroad  company  now  existing  or  hereafter  created, 
under  and  by  virtue  of  the  laws  of  this  State  or  any 
other  State  or  county,  and  having  and  operating  a  line 
of  railway  in  this  State,  may  establish  or  maintain,  or 
assist  in  establishing  or  maintaining  any  relief  asso- 
ciation or  society,  the  rules  or  by-laws  of  which  shall 
require  of  any  person  or  employe  becoming  a  member 
thereof  to  enter  into  a  contract,  agreement  or  stipula- 
tion, directly  or  indirectly,  whereby  such  person  or  em- 
ploye shall  stipulate  or  agree  to  surrender  or  waive 
any  right  of  damage  against  any  railroad  company  for 
personal  injuries  or  death,  or  whereby  such  person  or 
employe  agrees  to  surrender  or  waive,  in  case  he  asserts 
such  claim  for  damages,  any  right  whatever,  and  any 
such  agreement  or  contract  so  signed  by  such  person 
shall  be  null  and  void. 

(Acts  1907,  p.  500.     In  force  March  11,  1907.) 

Flag  stations.     §  5309.     1.     That  all  railroad  companies 

operating  local   passenger  trains  in  the  State  of  Indiana, 

where   any   such    trains   pass   through   towns   or   cities    in 

said   State  having   more   than   2,500   and   less   than  2,800 


474 


A'ational  Association  of  Railway  Commissioners 


Inhabitants,  or  more  than  1,750  and  less  than  1,850  In- 
habitants, as  shown  by  the  last  United  States  census, 
be,  and  they  are  each  hereby,  required  to  establish  flag 
stations  at  or  near  the  center  of  any  such  towns  or 
cities  on  the  line  of  said  railroad,  and  it  shall  be  un- 
lawful for  any  conductor  or  employe  in  charge  of  any 
such  train  to  refuse  to  stop  his  train  at  said  flag  sta- 
tion, or  to  let  any  passenger  off  or  to  take  any  passen- 
ger on  thereat,  whenever  any  passenger  maji  desire  to 
leave  the  train  or  get  on  any  such  train.  And  it  shall 
be  unlawful  for  any  conductor  or  other  employe  of  any 
such  railroad  company  in  charge  of  any  such  train  to 
charge  or  collect  any  fare  from  any  such  passengers  in 
excess  of  2%  cents  per  mile  actually  traveled  by  such 
passenger  or  passengers,  as  now  provided  by  law,  and 
for  any  violation  of  any  of  the  provisions  of  this  Act 
said  conductor  or  employe  shall  be  fined  not  less  than 
$10  nor  more  than  $25;  provided,  that  this  Act  shall 
not  apply  to  railroad  companies  which  have  established 
and  maintained,  or  which  shall  hereafter  establish  and 
maintain,  regular  stations  upon  their  roads  at  such  towns 
and  cities  reasonably  convenient  of  access  to  the  citizens 
of   such   towns   and   cities. 

(Acts  1889,  p.  279.     In  force  May  10,  1889.) 

Notice  of  arrival  of  train.  §5310.  (5186.)  1.  That 
every  corporation,  company  or  person  operating  a  rail- 
road within  this  State  shall,  immediately  after  taking 
effect  of  this  Act,  cause  to  be  placed  in  a  conspicuous 
place  in  each  passenger  depot  of  such  company  located 
at  .any  station  in  this  State,  at  which  there  is  a  tele- 
graph office,  a  blackboard  at  least  3  feet  long  and  2 
feet  wide,  upon  which  such  corporation,  company  or  person 
shall  cause  to  be  written,  at  least  30  minutes  before 
the  schedule  time  for  the  arrival  of  each  passenger 
train  stopping  upon  such  route  at  such  station,  the  fact 
whether  such  train  is  on  schedule  time  or  not  and,  if 
late,  how  much;  provided,  however,  that  any  device. 
Indicator  or  register,  painted  or  printed  in  large  letters 
and  figures  giving  the  required  information  set  forth  in 
this  Act  in  a  more  legible  form  than  is  practicable  on  a 
blackboard,  may  be  substituted  in  place  of  said  black- 
board; and  provided,  further,  that  the  provisions  of  this 
Act  shall  not  apply  to  any  freight  train  carrying  pas- 
sengers or  any  train  carrying  both  freight  and  passen- 
gers, or  to  any  stations  during  hours  when  railroad  com- 
panies do  not  regularly  have  a  telegraph  operator  or 
operators  on  duty  at  any  such  telegraph  office.  (As 
amended.  Acts  1897,  p.  176.) 

Train  arrival — Penalty — Duty  of  prosecutor.  §  5311. 
(5187.)  2  That  for  each  violation  of  the  provisions  of  this 
Act,  in  failing  to  report  or  in  making  a  false  report, 
such  corporation,  company  or  person  so  neglecting  or 
refusing  to  comply  with  the  provisions  of  this  Act  shall 
forfeit  and  pay  the  sum  of  $25,  to  be  recovered  in  a 
civil  action  to  be  prosecuted  by  the  prosecuting  attorney 
of  the  county  in  which  the  neglect  or  refusal  occurs, 
in  the  name  of  the  State  of  Indiana,  one-half  of  which 
shall  go  to  said  prosecuting  attorney  and  the  remainder 
shall  be  paid  over  to  the  county  in  which  such  proceed- 
ings are  had,  and  shall  be  a  part  of  the  common  school 
fund;  provided,  however,  that  the  total  amount  that  may 
be  recovered  or  collected  under  this  Act  for  all  viola- 
tions thereof  at  any  one  station,  by  any  one  corpora- 
tion, company  or  person,  up  to  the  time  of  the  filing 
of  the  complaint  therefor,  shall  not  exceed  the  sum  of 
$300;  provided,  that  nothing  in  this  Act  shall  affect 
pending  litigation.      (As   amended.  Acts  1903,   p.   37.) 

(Acts  1895,  p.  99.    In  force  June  28,  1895.) 

Waiting  rooms.  §  5312.  (5188.)  1.  That  all  railroad 
companies  operating  lines  through  cities  and  towns  of 
100  population  or  more  shall  provide  and  maintain 
suitable  waiting  rooms,  together  with  separate  water 
closets  for  men  and  women,  for  the  convenience  of  the 
traveling  public,  and  shall  keep  such  rooms  open  for 
the  period  of  not  less  than  one  hour  next  preceding  the 
arrival  of  all  passenger  trains  that  are  allowed  by  sched- 
ule or  flagging  to  stop  at  all  stations. 

Penalty.  §  5313.  (5189.)  2.  Any  railroad  company 
failing  to  comply  with  the  provisions  of  the  above  sec- 
tion  shall   be   guilty   of   a   misdemeanor   and   be   fined   in 


any  sum   not  more   than   $500  and  not  less   than   $20  for 
each   offense. 

Refusing  passengers  or  freight.  §5314.  (5190.)  30. 
In  case  of  the  refusal  by  such  corporation  or  its  agents, 
so  to  take  and  transport  any  passenger  or  property,  or 
to  deliver  the  same  at  the  regularly  appointed  place,  such 
corporation  shall  pay  to  the  party  aggrieved  all  dam- 
ages which  shall  be  sustained  thereby,  with  costs  of 
suit. 

(1  R.  S.  1852,  p.  409.    In  force  May  6,  1853.) 

Forming  passenger  train.  §5315.  (5191.)  31.  In 
forming  a  passenger'  train,  baggage,  freight,  merchandise, 
or  lumber  cars  shall  not  be  placed  in  rear  of  passenger 
cars;  and  if  they  or  any  of  them  shall  be  so  placed, 
and  any  accident  shall  happen  to  life  or  limb,  the  ofliicer 
or  agent  who  so  directed,  or  knowingly  suffered  such 
arrangement,  and  the  conductor  or  engineer  of  the  train, 
shall  each  and  all  be  held  guilty  of  intentionally  caus- 
ing the  injury  and  be  punished  accordingly. 

Passenger  violating  rules.  §  5316.  (5192.)  32.  In  case 
any  passenger  on  any  railroad  shall  be  injured  on  the 
platform  of  a  car,  or  on  any  baggage,  wood,  or  frei{;ht 
car,  in  violation  of  the  printed  regulations  of  the  ccm- 
pany,  posted  up  at  the  time  in  a  conspicuous  place  insde 
of  its  passenger  cars  then  in  the  train,  such  company 
shall  not  be  liable  for  the  injury;  provided,  said  company, 
at  the  time,  furnished  room  inside  its  passenger  ci.rs 
sufiicient  for  the  proper  accommodation  of  its  passengers. 

Map  and  profile.  §5317.  (5193.)  33.  Every  corpo 'a- 
tion  shall,  within  a  reasonable  time  after  its  road  shill 
be  located,  cause  to  be  made, — 

First:  A  map  and  profile  thereof,  and  of  the  land 
taken  and  obtained  for  the  use  thereof,  and  file  the  same 
in  the  offlce  of  the  secretary  of  State;  and  also  li  ie 
maps  of  the  parts  thereof  located  in  different  counti  s, 
and  file  the  same  in  the  oflSce  of  the  clerk  of  the  coutty 
in  which  said  parts  of  said  road  shall  be,  there  to.  e-: 
main  as  of  record. 

Map  and  profile  of  route,  §  5194. 

Second:  A  certificate  specifying  the  line  upon  whi  ;h 
it  is  proposed  to  construct  the  railroad  and  the  grad  j* 
and   curves. 

When  to  begin  and  finish  construction.  §5318.  (519^.) 
§  34.  If  any  such  corporation  shall  not,  within  thr  -e 
years  after  its  incorporation,  begin  the  construction  jf 
its  road,  and  expend  thereon  5  per  cent  of  the  amou  it 
of  its  capital,  and  finish  the  road  and  put  it  in  fi  11 
operation  in  10  years  thereafter.  Its  acts  of  incorporati  n 
shall  become  void.  . 

Increase  of  capital  stock.  §5319.  (5195.)  35.  Any  ra  1-i 
road  company  may  increase  the  amount  of  its  capilil' 
stock,  by  filing  in  the  office  of  the  secretary  of  Sta  :e 
a  certificate  stating  the  amount  of  such  desired  increa  ie 
and  the  reasons  or  necessity  for  the  same,  signed  by  t  le 
president  and  a  majority  of  the  directors  and  attested  '  y 
the   secretary  and   seal  of  such   company. 

Existing  companies  may  accept  Act.  §5320.  (5196  ) 
§  36.  All  existing  railroad  companies  may  acquire  all  t  e 
powers  or  benefits  conferred  by  this  Act,  by  filing  an  ;  c- 
ceptance  thereof  in  the  office  of  the  secretary  of  Stale, 
properly  attested  as  the  corporate  act  of  such  compary, 
and  the  acceptance  of  any  part  of  this  Act  shall  )e 
deemed  and  taken  to  be  an  acceptance  of  the  whcle 
Act,  and  thereupon  such  company  shall  possess  su' h 
powers,  so  accepted,  and  be  subject  to  the  obligatio  is 
and  restrictions  therein  specified,  as  fully  as  th  'y 
would  have  had  and  been  if  organized  under  this  Ac:; 
provided,  however,  that  whenever  any  railroad  ( r- 
ganized  under  any  special  charter  granted  by  t!ie 
State  of  Indiana  shall  hereafter  accept  or  shall  ha-'e 
heretofore  accepted  the  provisions  of  the  general  rail- 
road law  as  embodied  in  said  Act  approved  May  11,  18f2, 
all  rights  and  liabilities  whether  inchoate  or  comple'e, 
in  favor  of  the  State  of  Indiana,  shall  be  and  they  are 
hereby  expressly  reserved  to  said  State  notwithstanding 
such  acceptance,  and  said  State  may  hereafter,  by  ap- 
propriate legislation,  make  such  provision  for  the  ce- 
termination  and  enforcement  of  said  rights  as  the  general 
assembly  may  deem  appropriate,  and  notwithstanding 
such  acceptance  any  and  all  provisions  of  said  charter 
may  be  amended,  revised,  repealed  or  added  to  as 
though  said   charter  was  in  full  force  and  effect,  and  as 


Public  Service  Laws 


475 


though  said  railroad  company  or  companies  had  not  ac- 
cepted the  provisions  of  said  Act  of  May  11,  1852.  (As 
amended,  Acts  1897,  p.  38.) 

Amendment  or  repeal.  §5321.  (5197.)  37.  This  Act 
may  be  amended  or  repealed  at  the  discretion  of  the 
legislature. 

(1865  S.,  p.  120.     In  force  April  13,  1866.) 

When  stockholders  i7idividually  liable.  §5322.  (5198.) 
38.  The  stockholders  shall  be  individually  liable  to  labor- 
ers, their  executors,  administrators  and  assigns  for  all 
labor  done  in  the  construction  of  said  road  that  shall 
remain  unpaid  after  the  assets  of  the  corporation  shall 
have   been  exhausted. 

(1  R.  S.,  1852,  p.  425.  In  force  May  6,  1853.) 
Crossing  railroad,  when  forbidden.  §  5323.  (5199.)  1. 
Nothing  in  said  Act  (1  R.  S.  1852,  p.  409)  shall  be  con- 
strued to  grant  the  power  to  any  railroad  company  that 
may  be  organized  under  the  provisions  of  this  Act  to 
cross  or  intersect  any  railroad  now  in  course  of  con- 
struction within  40  miles  of  its  terminus,  where  such 
terminus  is  within  the  corporate  limits  of  a  city  in  this 
State  situate  on  a  navigable  stream,  v.'ithin  two  miles 
of  the  boundary  line  of  two  adjoining  States,  except 
within   the  corporate  limfts  of  such  city. 

Act,  how  construed.  §  5324.  (5200.)  2.  The  provisions 
of  this  Act  shall  not  be  so  construed  as  to  affect,  in  any 
manner  whatever,  the  construction  of  any  railroad  by 
any  company  at  any  time  heretofore  incorporated  under 
Act  of  incorporation  passed  by  the  general  assembly  of 
the  State  of  Indiana,  upon  the  route  designated  in  the 
Act  of  incorporation,  or  in  anywise  to  impair  the  rights 
of  such  company,  or  to  prevent  or  hinder  the  construc- 
tion of  any  railroad  having  both  of  the  terminations 
thereof  within  the  limits  of  this  State  and  not  forming 
a  regular  connection  with  a  railroad  leading  directly  to 
some  city  situate  upon  the  Ohio  River  beyond  the  limits 
of  the  State. 

Readjustment — Incorporation — Evidence.  §5325.  (5201.) 
1.  In  case  a  majority  in  interest  of  the  creditors  of  a 
railroad  company  and  the  majority  in  interest  of  the 
stockholders  of  such  company  shall  agree  upon  a  plan 
for  the  readjustment  or  capitalization  of  the  debt  and 
stock  thereof  upon  an  agreement  as  aforesaid,  either 
before  or  after  a  sale  of  said  railroad  under  judicial 
proceedings  and  a  purchase  at  such  sale  by  trustees  on 
behalf  of  the  parties  to  such  agreement,  all  the  fran- 
chises and  powers,  including  the  franchises  to  act  as  a 
corporation  conferred  by  the  charter  of  such  railroad 
company,  shall  pass  by  such  sale  and  vest  in  the  said 
trustees,  together  with  the  railroad  and  all  the  other 
property  embraced  in  the  sale.  In  case  any  railroad 
situate  wholly  or  partly  within  the  State  shall,  in  pur- 
suance of  such  agreement,  be  sold  by  virtue  of  any 
mortgage  or  mortgages,  or  deed  or  deeds  of  trust,  either 
by  foreclosure  or  other  proceedings  in  law  or  equity, 
or  pursuant  to  any  power  in  such  mortgage  or  mortgages 
or  deed  or  deeds  of  trust  contained,  or  by  the  joint 
exercise  of  those  authorities,  as  hereafter  provided,  the 
purchase  or  purchasers  of  the  same,  or  their  survivor  or 
survivors,  or  they  and  their  or  he  and  his  associates, 
may  form  a  corporation  by  filing  in  the  office  of  the 
secretary  of  State  a  certificate,  under  their  or  his  signa- 
ture, specifying  the  name  of  such  corporation,  the  num- 
ber of  directors,  the  names  of  the  first  directors  and  the 
period  of  their  service  (not  exceeding  one  year),  the 
amount  of  the  original  capital,  and  the  number  of  shares 
into  which  such  capital  is  to  be  divided;  and  the  per- 
son signing  the  said  certificate,  and  their  successors, 
shall  be  a  body  politic  and  corporate  by  the  name  therein 
specified;  and  a  copy  of  such  certificate,  attested  by  the 
signature  of  the  secretary  of  State  or  his  deputy,  shall, 
in  all  courts  and  places,  be  evidence  of  the  due  organ- 
ization and  existence  of  the  said  corporation  and  of  the 
facts  in  the  said  certificate  stated;  provided,  that  no  sale 
under  the  provisions  of  this  Act  shall  be  valid  unless 
notice,  stating  time  and  place  of  sale,  shall  have  been 
published  in  some  newspaper  of  general  circulation  in 
the  city  of  New  York,  and  also  by  publishing  said  notice 
In  at  least  one  newspaper  of  general  circulation  pub- 
lished in  each  county  in  this  State  through  which  said 
railroad  may  run,  not  less  than  30  nor  more  than  60 
days,   at  the  discretion  of  the  court  ordering  said   sale. 


All  sales  of  railroads  made  under  the  order  or  decree  of 
a  court  of  record  are  hereby  legalized  as  fully  as  though 
the  sale  had  been  made  in  pursuance  of  this  Act;  pro- 
vided, that  nothing  herein  contained  shall  be  construed 
to  legalize  the  decree  itself,  or  to  correct  any  error 
therein,  or  to  legalize  the  sale  or  conveyance  of  any 
real  estate  by  or  to  any  railroad  company,  or  to  legalize 
any  consolidation  by  any  railroad  companies  in  this 
State,  but  only  to  confirm  the  sale  of  the  road-bed, 
depot  grounds  and  such  realty  as  is  essential  to  the 
operations  of  the  railroad,  including  also  the  rolling 
stock,  machinery  and  equipment  upon  the  road,  as  em- 
braced  in   the  decree. 

Purchasers  enjoy  former  franchises.  §5326.  (5202.)  2. 
Such  corporation  shall  possess  all  the  powers,  rights, 
privileges,  immunities,  faculties  and  franchises  in  re- 
spect to  the  said  railroad,  or  the  part  thereof  purchased 
as  aforesaid,  which  were  possessed  or  enjoyed  by  the 
corporation  that  owned  or  held  the  said  railroad,  previous 
to  such  sale,  by  virtue  of  its  charter  or  amendments 
thereto  or  other  laws  of  this  State,  or  of  any  other  State, 
not  inconsistent  with  the  laws  of  this  State,  in  which  any 
part  of  the  said  railroad  is  situate.  It  shall  also  have 
power  by  agreement  of  the  persons  forming  the  said  cor- 
poration as  aforesaid,  or  by  a  vote  of  the  majority  in  the 
interest  of  the  stockholders,  at  any  time  within  six  months 
after  the  formation  of  the  said  corporation,  to  assume  any 
debts  or  liabilities  of  the  corporation  which  owned  or 
held  the  said  railroad  before  the  said  sale,  and,  in  like 
manner  and  within  a  like  period,  to  make  such  adjust- 
ments with  any  stockholders  of  the  said  last-mentioned 
corporation  as  it  may  deem  expedient,  and,  for  the  said 
purposes,  to  use  such  portions  of  the  bonds  and  stocks 
it  may  be  authorized  to  create  as  it  may  deem  necessary, 
and  in  such  manner  as  it  may  deem  proper.  It  shall  also 
have  power  to  make  and  issue  bonds,  payable  at  such 
times  and  places  and  bearing  such  rates  of  interest  as  it 
may  deem  expedient,  and  to  sell  or  dispose  of  such  bonds 
at  such  prices  and  in  such  manner  as  it  may  deem  proper, 
and  to  secure  the  payment  of  any  bonds  which  it  may 
make,  issue  or  assume  to  pay,  by  a  mortgage  or  mort- 
gages or  deed  or  deeds  of  trust  of  its  railroad,  or  of  any 
part  thereof,  or  any  other  of  its  property,  real  or  per- 
sonal. It  may  include  in  such  mortgage  or  mortgages  or 
deed  or  deeds  of  trust  any  locomotives,  cars,  and  other 
rolling  stock  and  equipments,  and  any  machinery,  tools, 
implements,  fuel  and  materials,  whether  then  held  or 
thereafter  to  be  acquired  for  the  constructing,  operating, 
repairing  or  replacing  the  said  railroad,  or  any  part  there- 
of, or  any  of  its  equipments  or  appurtenances;  all  of 
which  property,  so  included,  whether  then  held  or  here- 
after to  be  acquired,  shall  be  subject  to  the  lien  and  op- 
eration of  such  mortgage  or  mortgages  or  deed  or  deeds 
of  trust,  (together  with)  all  franchises  held  by  said  cor- 
poration and  connected  with  or  relating  to  said  railroad, 
and  all  corporate  franchises  of  said  company;  which  said 
franchises,  in  case  of  sale  by  virtue  of  any  such  mortgage 
or  mortgages  or  deed  or  deeds  of  trust,  are  hereby  de- 
clared to  pass  to  the  purchasers,  so  as  to  enable  them  to 
form  a  corporation  in  the  manner  herein  prescribed,  and 
to  vest  in  such  corporation  all  the  faculties,  powers,  au- 
thorities, immunities  and  franchises  conferred  by  this 
Act.  The  said  corporation  shall  have  power  to  establish 
a  sinking  fund  for  the  redemption  of  any  of  its  debts; 
and  shall  likewise  have  power  to  issue  capital  stock  to 
such  aggregate  amount  as  it  shall  deem  necessary,  not 
exceeding  any  limitation  which  may  be  fixed  by  agreement 
with  the  persons  formin^j  said  company,  in  the  manner 
hereinbefore  provided.  It  may  establish  preference  in 
respect  to  dividends  in  favor  of  one  or  more  classes  of 
the  said  stock,  in  such  order  and  manner  and  to  such  ex- 
tent and  with  securities,  as  it  may  deem  expedient;  and 
may  confer  on  holders  of  any  bonds  which  it  may  issue 
or  assume  to  pay,  such  rights  to  vote  at  all  meetings  of 
stockholders  (not  exceeding  one  vote  for  every  flOO  of 
the  par  amount  of  the  said  bonds)  as  may,  by  it,  be 
deemed  advisable;  which  rights,  when  once  fixed,  shall 
attach  to  and  pass  with  such  bonds,  under  such  regula- 
tions as  the  by-laws  may  prescribe,  to  the  successive 
holders  thereof,  but  shall  not  subject  any  holders  to  any 
assessment  by  the  said  company,  or  to  any  liability  for 
its  debts,  or  entitle  any  holder  to  dividends.  The  said 
corporation   shall   also  have   capacity  to  hold   and  enjoy 


476 


National  Association  of  Eailway  Commissioners 


•and  exercise  within  other  States  the  aforesaid  faculties, 
powers,  rights.  Immunities  and  franchises,  and  such  others 
as  may  be  conferred  upon  It  by  any  law  of  this  State  or  of 
■any  other  State  in  which  any  part  of  its  railroad  may  be 
situate  or  in  which  it  may  do  any  part  of  its  business, 
and  to  hold  meetings  of  said  stockholders  and  directors, 
and  to  do  all  corporate  acts  and  all  things  without  this 
State  as  validly  as  it  may  do  the  same  within  this  State. 

When  purchaser  a  foreign  corporation.  §5327.  (5230.) 
3.  In  case  the  part  of  any  railroad  situate  within  the 
State  (a  part  of  which  is  situate  in  another  State)  shall 
tecome  vested  in  a  corporation  of  such  other  State,  and 
such  corporation  shall  also  acquire  a  part  of  such  railroad 
situate  in  such  other  State,  the  said  corporation  may  ex- 
ercise and  enjoy  within  this  State,  for  the  purpose  of  the 
said  railroad  and  its  business,  so  far  as  it  may  be  en- 
-dowed  by  the  laws  of  the  State  of  its  creation  with 
<!apacity  to  do  so,  all  the  powers,  rights,  faculties,  priv- 
ileges, immunities  and  franchises  enumerated  in  the  pre- 
ceding section,  and  its  mortgages  or  trust  deeds  shall 
■operate  as  therein  specified. 

Priority  of  lien.  §  5328.  (5204.)  4.  Next  in  the  order 
of  lien  to  the  existing  mortgage  debt  of  the  old  road  shall 
stand  the  amounts  due  the  persons  for  labor  performed, 
wood  and  other  such  materials  furnished  the  old  com- 
pany in  running  the  road,  damages  for  killing  stock  and 
Tight  of  way;  provided,  that  all  the  property  of  said 
■company  shall  be  liable  for  damages  recovered  against 
said  company  for  stock  killed  or  injured  by  them,  and 
-exempt  from  mortgage  liens. 

Road,  how  sold.  §5239.  (5205.)  5.  So  much  of  any 
railroad  as  lies  in  this  State  and  is  embraced  in  the  mort- 
gage or  mortgages  sought  to  be  foreclosed  may  be  sold 
at  such  sale  as  an  entirety;  and  the  court  making  a  de- 
cree or  order  of  sale  may  declare,  in  the  order,  where 
the  principal  office  of  the  railroad  company  is  situate 
within  the  State,  and  may  order  the  sale  to  be  made  at 
the  court-house  door  of  the  county  in  which  the  principal 
■office  within  the  State  is  situate. 

J/eui  stock.  §  5330.  (5206.)  6.  In  case  of  the  sale  of 
a  railroad,  or  any  part  thereof,  as  in  the  first  section  of 
this  Act  (§  3937)  mentioned,  full  power  is  hereby  given 
to  the  corporate  authorities  of  the  several  counties,  cities, 
townships  and  other  municipal  corporations  holding  stock 
In  the  company  by  which  such  railroad  was  owned,  and 
to  all  persons  holding  such  stock  in  a  fiduciary  capacity, 
to  surrender  or  assign  such  stock,  and  to  accept  and  re- 
ceive such  new  stock  in  any  corporation  which,  after  such 
sale,  may  become  the  owner  of  said  railroad  or  any  part 
thereof,  as  may  be  apportioned  or  given  in  respect  to  the 
said  first-mentioned  stock  under  any  reorganization  of  the 
•ownership  of  the  said  railroad. 

Payment  of  old  debts.  §  5331.  (5207.)  7.  No  pur- 
chaser or  purchasers  of  any  railroad  shall  be  entitled  to 
any  rights  or  benefits  under  this  Act,  until  such  purchaser 
■or  purchasers  shall  first  assume  and  pay,  in  money  or 
lirst-class  or  satisfactory  securities,  to  be  Issued  by  the 
new  corporation  formed  upwn  the  sale  or  transfer  of  any 
railroad  as  herein  provided  for,  as  the  creditor  or  cred- 
itors may  elect,  all  ticket  balances  and  back  charges 
for  freight,  with  interest,  whether  due  upon  account. 
Judgment  of  a  court  of  record,  bond,  note  or  other  instru- 
ment in  writing,  which  the  former  railroad  corporation  may 
liave  owed  or  been  in  arrears  for,  to  any  connecting  railroad 
company  operating  a  railroad  entirely  or  in  part  of  this 
State. 

Amendment  or  repeal.  §  5332.  (5208.)  8.  This  Act 
may  be  amended  or  repealed  at  the  discretion  of  the  leg- 
islature. 

(1865,  p.  66.    In  force  March  3,  1865.) 

Roads,  hoio  sold.  §  5333.  (5209.)  1.  In  case  of  the 
sale  of  any  railroad  and  its  property,  under  or  by  the 
authority  of  any  competent  court  or  courts  (part  of  which 
railroad  may  be  situate  within  the  State  of  Indiana,  and 
part  situate  in  an  adjoining  State,  and  embraced  in  the 
mortgage  or  mortgages  or  deed  or  deeds  of  trust),  it  may 
Tae  sold  at  one  time  and  place,  as  an  entirety,  at  such  point 
•on  the  line  of  said  railroad,  either  within  or  without  the 
State,  and  upon  such  notice  as  the  court  or  courts  order- 
ing such  sale  may  direct. 

Incorporation   by  purchasers.     §  5334.      (5210.)      2.     In 


case  of  the  sale  of  any  railroad  and  its  property  (situate 
wholly  or  partly  within  this  State,  or  situate  partly  in  this 
State  and  partly  in  an  adjoining  State)  by  virtue  of  any 
mortgage  or  mortgages  or  deed  or  deeds  of  trust,  either 
by  foreclosure  or  other  judicial  proceedings,  or  pursuant 
to  any  power  contained  in  such  mortgage  or  mortgages 
or  deed  or  deeds  of  trust,  or  by  the  joint  exercise  of  said 
powers  and  authorities,  the  purchaser  or  purchasers  there- 
of, their  survivor  or  survivors,  or  he  or  his  or  they  or 
their  associates  or  assigns,  may  form  a  corporation,  by 
filing  in  the  office  of  the  secretary  of  State  a  certificate 
specifying  the  name  and  style  of  the  corporation,  the 
number  of  directors,  the  names  of  the  first  directors  and 
the  period  of  their  service  (not  exceeding  one  year),  the 
amount  of  original  capital,  and  the  number  of  shares  into 
which  said  capital  is  to  be  divided;  and  the  persons  sign- 
ing said  certificate,  and  their  successors,  shall  be  a  body 
corporate  and  politic  by  the  name  in  said  certificate  speci- 
fied, with  power  to  sue  and  be  sued,  contract  and  be  con- 
tracted with,  and  maintain  and  operate  the  railroad  in 
said  certificate  named,  and  transact  all  business  con- 
nected with  the  same;  and  a  copy  of  such  certificate,  at- 
tested by  the  signature  of  the  secretary  of  State  or  his 
deputy,  shall,  in  all  courts  and  places,  be  evidence  of  the 
due  organization  and  existence  of  the  said  corporation  aid 
of  the  matters  in  said  certificate  stated. 

Franchises  pass — Old  stockholders  released.  §  5335. 
(5211.)  3.  Such  corporation  shall  possess  all  the  powers, 
rights,  privileges,  immunities  and  franchises  in  respect  'o 
said  railroad,  or  the  part  thereof  purchosed  as  aforesai  1, 
and  of  all  the  real  and  personal  property  appertaining  to  tl  8 
same  which  were  possessed  or  enjoyed  by  the  corpor  i- 
tion  that  owned  or  held  the  said  railroad,  previous  1o 
such  sale,  by  virtue  of  its  charter  and  amendments  thereto 
and  other  laws  of  this  State  or  of  any  other  State  in 
which  any  part  of  said  railroad  is  situate,  not  consistei  t 
with  the  laws  of  this  State.  And  it  shall  have  power,  j  t 
any  time  after  the  formation  of  the  corporation,  as  afor  i- 
said,  to  assume  any  debts  and  liabilities  of  the  forme  r 
corporation,  and  to  make  such  adjustment  and  settlemei  t 
with  any  stockholder  or  stockholders  or  creditor  or  crai- 
itors  of  such  former  corporation  as  may  be  deemed  e:;- 
pedient,  and,  for  such  purpose,  to  use  such  portions  of  the 
bonds  and  stock  of  said  corporation  as  may  be  deeme  1 
advisable  and  in  such  manner  as  said  corporation  ma/ 
deem  proper;  provided,  that  all  subscribers  to  the  ori;  - 
inal  stock  of  said  railroad  company,  their  heirs,  exec  - 
tors  and  administrators  shall  (by  the  acceptance  or  ado  ■ 
tion  of  this  Act  by  any  purchaser  or  purchasers  of  an  . 
such  railroad  as  above  provided)  be  released  and  di  - 
charged  from  all  their  unpaid  subscriptions  which  sha  1 
not  have  been  previously  settled  or  arranged  by  agre  - 
ment  or  compromise;  and  provided,  further,  that  all  holi  - 
ers  of  such  capital  stock  which  shall  have  been  paid  u;  , 
and  all  creditors  of  any  such  railroad  company,  shall  ha^  3 
the  right  to  accept  and  avail  themselves  of  any  trust  , 
agreements,  and  provisions  for  recapitalization,  for  an  1 
during  the  period  of  six  months  from  and  after  the  pa  ;- 
sage  of  this  Act;  and  provided,  further,  that  such  corpora- 
tion when  so  formed  and  organized  shall,  in  suing  and  b  - 
ing  sued,  and  in  operating  such  railroad,  be  subject  to  the 
general  laws  of  this  State  not  consistent  with  the  origin:  1 
charter  of  said  road  and  the  amendments  thereto. 


4i 


Potcer  to  issue  bonds.  §  5336.  (5212.)  4.  Said  coi 
ration  shall  have  power  to  make  and  issue  bonds,  beariii  - 
such  rates  of  interest,  not  exceeding  7  per  cent  per  a;  - 
num,  payable  at  such  times  and  places  and  in  such  amoui  t 
or  amounts  as  it  may  deem  expedient;  and  to  sell  and  dis- 
pose of  said  bonds  at  such  prices  and  in  such  manner  ;  > 
it  may  deem  proper,  to  secure  the  payment  of  any  bon.  , 
which  it  may  make,  issue  or  assume  to  pay  by  mortgai. 
or  mortgages  or  deed  or  deeds  of  trust  of  its  railroad,  i  r 
any  part  thereof,  and  of  its  real  and  personal  property  am! 
franchises;  and  to  act  as  a  corporation.  All  property  cf 
said  corporation  included  in  such  mortgage  or  mortgagi  s 
or  deed  or  deeds  of  trust,  whether  then  held  or  ther 
after  acquired,  shall  be  subject  to  the  operation  and  lii  n 
of  such  mortgage  or  mortgages  or  deeds  of  trust;  and  in 
case  of  sale  under  the  same,  it  shall  pass  to  and  become 
vested  in  the  purchaser  or  purchasers  thereof,  so  as  to 
enable  them  to  form  a  corporation  in  the  manner  herein 
prescribed,  and  to  vest  in  such  corporation  all  the  facul- 


Public  Service  Laws 


477 


ties,  powers,  authorities,  immunities  and  franchises  con- 
ferred by  this  Act. 

Sinking  fund— Preferred  stock— Bondholders'  votes. 
§  5337.  (5213.)  5.  Said  corporation  shall  have  power 
to  establish  a  sinking  fund  for  the  payment  of  its  liabili- 
ties and  to  issue  capital  stock  to  such  aggregate  amount 
as  may  be  deemed  necessary,  not  exceeding  the  amount 
named  in  the  certificate  of  organization;  may  make  pre- 
ferred stock;  make  and  establish  preference  in  respect 
to  dividends  in  favor  of  one  or  more  classes  of  stock  over 
and  above  other  classes,  and  secure  the  same  in  such  order 
and  manner  and  to  such  extent  as  said  corporation  may 
deem  expedient;  and  may  confer  upon  the  holders  of  any 
of  the  bonds  which  it  may  issue  or  assume  to  pay,  the 
right  to  vote  at  all  meetmgs  of  stockholders  (not  exceed- 
ing one  vote  for  each  $100  of  the  par  amount  of  said 
bonds),  if  deemed  expedient;  which  right  to  vote,  when 
once  fixed,  shall  attach  and  pass  with  said  bonds,  under 
such  regulations  as  said  corporation  may  prescribe,  but 
shall  not  subject  the  holder  to  any  assessment  made  by 
said  company  or  to  any  liability  for  its  debts,  or  entitle 
any  holder  thereof  to  dividends.  The  said  corporation 
shall  have  capacity  to  hold,  enjoy  and  exercise,  within 
other  States,  the  aforesaid  faculties,  powers,  rights,  fran- 
chises and  immunities,  and  such  others  as  may  be  con- 
ferred upon  it  by  any  law  of  this  State  or  of  any  other 
State  in  which  any  portion  of  its  railroad  may  be  situate, 
or  in  which  it  may  transact  any  part  of  its  business;  and 
may  hold  meetings  of  stockholders  and  of  Its  board  of 
directors,  and  do  all  corporate  acts  and  things  without 
this  State  as  validly,  and  to  the  same  extent,  as  it  may  do 
the  same  within  this  State,  on  the  line  of  such  road;  and 
may  make  by-laws,  rules  and  regulations,  in  relation  to  its 
business,  and  the  number  of  its  directors,  and  the  times 
and  places  of  holding  meetings  of  stockholders  and  di- 
rectors; and  may  alter  and  change  the  same  as  may  be 
deemed  expedient. 

Foreign  corporation — Franchises.  §  5338.  (5214.)  6. 
In  case  a  portion  of  any  railroad  situated  within  this 
State  (a  part  of  which  is  situated  In  another  State)  shall 
become  vested  in  a  corporation  of  another  State,  the  said 
corporation  may  exercise  and  enjoy  within  this  State,  and 
also  in  such  other  State,  for  the  purposes  of  such  railroad 
and  its  business,  all  the  rights,  powers,  faculties,  fran- 
chises and  privileges  in  this  Act  contained;  and  Its  mort- 
gages and  trust  deeds  shall  operate  and  be  binding  as 
therein  specified,  and  all  sales  under  the  same  shall  be 
valid  and  effectual. 

Purchase  and  consolidation  of  hranch  roads.  §5339. 
(5215.)  7.  Any  railroEd  company  incorporated  unSer  the 
provisions  of  this  Act  shall  have  (he  power  and  authority 
to  acquire,  by  purchase  or  contract,  the  road,  roadbed,  real 
and  personal  property,  rights  and  franchises  of  any  other 
railroad  corporation  or  corporations  which  may  cross  or 
intersect  the  line  of  such  railroad  company  or  any  part 
of  the  same,  or  the  use  and  enjoyment  thereof,  in  whole 
or  in  part;  may  also  purchase  or  contract  for  the  use  and 
enjoyment,  in  whole  or  in  part,  of  any  railroad  or  railroads 
lying  within  adjoining  States,  and  may  assume  such  of 
the  debts  and  liabilities  of  such  corporation  as  may  be 
deemed  proper.  Upon  purchasing  any  such  railroad  or 
railroads,  all  the  real  and  personal  property  of  such  cor- 
porations so  purchased,  and  also  the  rights,  powers  and 
franchises  of  the  same,  shall  become  vested  in  the  rail- 
road company  so  purchasing  the  same,  together  with  all 
the  rights,  powers,  privileges  and  franchises  conferred  by 
the  charters  of  the  roads  so  purchased,  and  all  amend- 
ments thereto  and  the  provisions  of  this  Act;  and  the 
company  so  purchasing  cr  acquiring  the  title  to  or  use 
of  such  railroad  or  railroads  shall  have  power  to  com- 
plete, maintain  and  operate  the  same.  Any  railroad  com- 
pany incorporated  under  the  provisions  of  this  Act  shall 
also  have  power  to  consolidate  with  other  corporations  in 
the  continuous  line,  either  within  or  without  this  State, 
upon  such  terms  as  may  be  agreed  upon  by  the  corpora- 
tions owning  the  same,  and  also  shall  have  the  power  and 
authority  to  construct,  equip,  maintain  and  operate  branch 
railroads  leading  from  the  main  line  or  from  the  termini 
of  such  railroad,  from  and  to  such  points  within  this 
State  or  any  adjoining  State  as  may  be  deemed  expedient, 
and  in  constructing  the  same  shall  have  the  right  to  enter 
in  and  upon  all  lands,  to  survey  routes,  to  receive  dona- 


tions of  lands  or  moneys,  to  purchase  and  condemn  lands 
required  for  the  use  of  the  road,  to  lay  single  or  double 
tracks,  and  to  cross  all  watercourses  and  public  high- 
ways, not  unnecessarily  obstructing  the  same.  In  con- 
demning lands  for  the  use  of  such  roads,  it  shall  have  all 
of  the  rights  and  powers  conferred  upon  such  corporations 
by  their  charter  and  amendments  and  the  general  laws  of 
this  State.  All  railroads  purchased  and  branch  roads  con- 
structed as  aforesaid  shall  be  vested  in  and  become  a  part 
of  the  property  of  the  corporation  so  purchasing  or  con- 
structing the  same,  as  aforesaid,  and  shall  be,  in  all  things, 
governed  by  the  laws,  rules  and  regulations  governing  the 
corporation  purchasing  or  constructing  the  same,  as  afore- 
said, and  be  operated  as  part  of  its  line  of  road.  Upon 
purchasing  or  constructing  any  railroad  as  hereinbefore 
provided,  the  corporation  purchasing  or  constructing  the 
same  shall  have  power  and  authority  to  issue  new  stock 
to  such  extent  as  may  be  considered  advisable,  and  the 
same  to  dispose  of  as  hereinbefore  provided,  to  issue  and 
sell  bonds  to  such  extent  as  may  be  deemed  expedient, 
and  to  secure  the  same  by  mortgages  and  deeds  of  trust 
upon  all  the  real  and  personal  property,  rights,  powers 
and  franchises  of  any  railroad  so  purchased,  constructed 
or  in  course  of  construction,  as  hereinbefore  provided; 
provided,  that  the  provisions  of  this  Act  shall  not  be  so 
construed  as  to  authorize  any  railroad  company  organ- 
izing under  the  same  to  consolidate  with  or  acquire,  by 
contract  or  purchase,  the  road,  roadbed,  real  and  per- 
sonal property,  rights  and  franchises  of  any  railroad  al- 
ready built,  equipped  and  operated  within  the  State  of 
Indiana,  and  which  may  cross  or  intersect  the  line  of  the 
road  of  any  company  organizing  under  this  Act;  but  the 
powers  of  consolidation  and  purchase  shall  be,  and  are 
hereby  limited  and  restricted  to  such  roads  within  the 
State  of  Indiana  as  may  cross  and  intersect  the  same,  and 
which  have  not  been  equipped  and  operated  in  whole  or 
in  part. 

Guaranty  of  honds  of  another  company.  §  5340.  (5216.) 
1.  That  the  board  of  directors  of  any  railway  company 
organized  under  and  pursuant  to  the  laws  of  the  State 
of  Indiana,  whose  line  of  railway  extends  across  the 
State  in  either  direction,  may,  upon  the  petition  of  the 
holders  of  a  majority  of  the  stock  of  such  railway  com- 
pany, direct  the  execution  by  such  railway  company  of  an 
indorsement  guaranteeing  the  payment  of  the  principal 
and  interest  of  the  bonds  of  any  railway  company  or- 
ganized under  or  pursuant  to  the  laws  of  any  adjoining 
State,  the  construction  of  whose  line  or  lines  of  railway 
would  be  beneficial  to  the  business  or  traffic  of  the  rail- 
way so  indorsing  or  guaranteeing  such  bonds. 

Petition  of  stockholders.  %  5341.  (5217.)  2.  The  pe- 
tition of  the  stockholders  specified  in  the  preceding  sec- 
tion of  this  Act  shall  state  the  facts  relied  on  to  show  the 
benefits  accruing  to  the  company  indorsing  or  guarantee- 
ing the  bonds  above  mentioned. 

Limitation.  §  5342.  (5218.)  3.  No  railway  company 
shall,  under  the  provisions  of  this  Act,  indorse  or  guar- 
antee the  bonds  of  any  such  railway  company  or  com- 
panies as  is  above  mentioned  to  an  amount  exceeding 
one-half  of  the  par  value  of  the  stock  of  the  railway  com- 
pany so  indorsing  or  guaranteeing  as  authorized  under 
this   Act. 

Act  applies  to  all  sales.  §  5343.  (5219.)  1.  The  Act 
entitled  "An  Act  to  authorize,  regulate  and  confirm  the 
sale  of  railroads;  to  enable  purchasers  of  the  same  to 
form  corporations,  and  to  exercise  corporate  powers;  and 
to  define  their  rights,  powers  and  privileges;  and  to 
enable  such  corporations  to  purchase  and  construct  con- 
necting and  branch  roads  and  to  operate  and  maintain  the 
same,"  approved  March  3,  1865,  shall  be  held,  and  Lhe 
same  is  hereby  declared,  to  apply  to  and  embrace  any  and 
all  sales  or  purchases  of  railroads,  their  franchises, 
rights  and  privileges,  under  judicial  decrees  or  judg- 
ments of  any  of  the  courts  of  the  State  of  Indiana  or  of 
the  United  States,  at  any  time,  whether  said  sale  under 
such  decrees  or  Judgments  may  have  occurred  before  or 
after  the  passage  of  said  Act. 

This  section  refers  to  §  §  5333  and  5339. 

(1853,  p.  104.     In  force  January  25,  1853.) 
Common  name.     §  5375.     (5251.)     1.     Whenever  two  or 
more   railroad   companies   have   heretofore   become  associ- 
ated, or  shall  hereafter  become  associated,  in  jointly  mak- 


478 


Natioxal  Association'  of  Uailway  Comjiissionkhs 


ing  or  running  their  roads  under  any  contracts  formed 
or  to  be  formed  by  such  companies,  and  desire  to  assume 
one  common  name,  it  shall  and  may  be  lawful  for  such 
companies,  by  resolution  of  their  respective  boards  of 
directors,  entered  upon  their  records,  to  adopt  such  name 
as  shall  be  agreed  upon. 

Record  of  resolution — Franchises.  §5376.  (5252.)  2. 
It  shall  be  the  duty  of  said  companies,  upon  the  adoption 
of  such  common  name,  to  cause  a  copy  of  the  resolution 
of  such  boards  to  be  recorded  in  the  recorders'  ofBces 
of  the  different  counties  through  which  the  road  of  said 
companies  may  run  or  be  located;  and  thereafter,  during 
the  term  of  such  association,  such  companies  may  have 
and  use  a  common  seal,  contract,  and  be  contracted  with, 
sue  and  be  sued  by  such  adopted  name,  in  any  and  all 
matters  relating  to  such  union  road;  and  shall  have  full 
power,  by  such  association,  to  locate,  construct,  keep 
up,  change,  repair  and  operate  such  union  load  as,  by  their 
respective  charters  and  amendments  to  such  charters, 
they  are  allowed  to  do;  provided,  however,  that  nothing 
herein  contained  shall  be  construed  to  abridge  such 
companies  of  any  of  the  powers  and  franchises  belong- 
ing to  them  by  their  respective  acts  of  incorporation  and 
amendments  to  such  Acts;  and,  provided  further,  that  noth- 
ing herein  contained  shall  be  construed  to  prevent  said  com- 
panies from  suing  and  being  sued  in  their  original  corpo- 
rate names,  for  all  rights  accrued  and  for  all  liabilities 
incurred  before  the  adoption  of  such  common  name. 

Union  with  road  from  State  line.  §  5o77.  (5253.)  1. 
Any  railroad  company  organized  and  incorporated  under 
the  general  laws  of  this  State  for  the  purpose  of  build- 
ing a  railroad  from  any  point  in  the  State  to  a  point  on 
the  State  line,  shall  be  authorized  to  connect  with  any 
other  railroad  already  made  from  such  point  on  the 
State  line  at  any  convenient  point  of  intersection  within 
this   State. 

Agreement,  how  made.  §5378.  (5254.)  2.  Such  con- 
nection may  be  made  by  agreement  between  the  re- 
spective companies,  under  and  in  accordance  with  the 
provisions  of,  and  with  all  the  rights,  powers  and  privi- 
leges granted  by  an  Act  entitled  "An  Act  to  authorize 
two  or  more  railroad  companies  to  assume  a  common 
name,  and  to  sue  and  be  sued,  contract  and  be  contracted 
with,  and  prosecute  their  business  under  such  common 
name,"  approved  January  25,  1853   (§  §  3965  and  3966). 

Effect  of  consolidation.  §5379.  (5255.),  3.  Any  such 
railroad  company  so  connecting  with  the  road  of  an- 
other company  shall  not  be  required  to  complete  its  own 
road  to  the  State  line  so  long  as  it  shall  continue  to  be 
thus  associated  with  the  company  owning  such  other  road 
already  built  from  the  State  line,  but  its  franchises  and 
powers  to  build  and  complete  its  own  road  to  the 
terminal  point  on  the  State  line,  whenever  it  shall  be 
necessary  so  to  do,  shall  remain  unimpaired;  provided, 
that  a  consolidation,  either  temporary  or  permanent,  ef- 
fected under  the  first  section  of  this  Act  (§3967)  with 
any  railroad  company  whose  bridges,  or  any  of  them, 
may  be  jointly  used  or  occupied,  or  where  a  right,  by 
law,  exists  to  use  and  occupy  by  any  other  company,  shall 
not  In  any  manner  affect  the  rights  therein  vested  or 
secured  by  any  Act  heretofore  passed  upon  that  subject. 

Franchises  of  connecting  road.  §5380.  (5256.)  4.  Any 
railroad  company  organized  as  in  the  first  section  of  this 
Act  mentioned  (§  3967)  and  completing  its  connection 
with  its  terminal  point  on  the  State  line  by  connection 
with  the  railroad  of  another  company,  as  authorized  by 
this  Act,  shall  be  taken  and  deemed  to  be  a  company 
owning  and  constructing  a  road  to  the  State  line,  and 
Bhall  possess  all  the  rights,  franchises  and  privileges, 
and  be  subject  to  all  the  obligations  and  duties,  of  a 
railroad  company  owning  a  road  to  the  State  line,  as 
prescribed  by  any  general  law  of  this  State,  not  incon- 
sistent with  the  provisions  of  this  Act. 

(1853,  p.  105.  In  force  February  23,  1853.) 
Power  to  consolidate  generally.  §5381.  (5257.)  1. 
Any  hteam  or  electric  railroad  heretofore  organized  under 
the  laws  of  this  State  shall  have  the  power  to  intersect, 
join  and  unite  its  railroad  with  any  other  steam  or  elec- 
tric railroad,  constructed  or  in  progress  of  construction. 
In  this  State  or  in  any  adjoining  State,  at  such  point 
on  the  State  line,  or  any  other  point,  as  may  be  mutu- 
ally agreed  upon  by  such  companies;  and  said-  companies 


are  authorized  to  merge  and  consolidate  the  stock  of 
the  respective  companies,  making  one  joint  stock  com- 
pany of  the  two  steam  or  electric  roads  thus  connected, 
upon  such  terms  as  may  be  by  them  mutually  agreed, 
upon  in  accordance  with  the  laws  of  the  adjoining  State 
with  whose  road  or  roads  connections  are  thus  formed; 
provided,  their  charters  authorize  said  roads  to  go  to 
the  State  line  or  to  other  point  of  intersection.  (As 
amended.  Acts  1897,  p.  283.) 

Consolidation  of  consolidated  companies.  §  5382. 
(5258.)  1.  That  when  any  railroad  company  formed  by  the 
consolidation  of  a  company  or  companies  of  this  State 
with  a  company  or  companies  of  another  State  or  States, 
shall  make  a  further  consolidation  with  a  company  or 
companies  of  another  State  or  States  owning  a  continu- 
ous and  connected  but  not  competing  line,  the  constitu- 
ent companies  shall  have  power  to  fix  by  agreement  for 
such  consolidation  the  terms  and  conditions  upon  which 
the  same  shall  be  made,  which  terms  and  conditions  may 
include  the  payment  or  retirement  of  the  preferred 
stock  of  either  or  both  of  the  constituent  companies,  if 
they  have  such;  and  in  case  the  new  companies  shiill 
issue  preferred  stock,  the  par  value  of  the  shares  thereof 
may  be  fixed  by  the  agreement  of  consolidation,  or  by  tie 
resolution  for  the  issue  thereof  without  regard  to  tie 
par  value  of  shares  of  the  common  stock  of  such  coin;^ 
pany. 

(1853,  p.  105.     In  force  February  23,  1853.) 

Extension  through  other  States.  §  5383.  (5259.)  2] 
Any  railroad  company  heretofore  organized  or  which  maj 
hereafter  be  organized  under  the  general  or  special  laid 
of  this  State  for  the  purpose  of  constructing  a  raiIroi4 
from  any  point  within  this  State  to  the  boundary  lliu 
thereof  is  hereby  empowered  to  extend  said  railroad  in , 
or  through  any  other  State  or  States,  under  such  reguli-] 
tions  as  may  be  prescribed  by  the  laws  of  such  State  url 
States,  into  or  tlirough  which  said  road  may  be  so  ex- 
tended; and  the  rights  and  privileges  of  said  compai  y 
over  said  extension,  in  the  construction  and  use  of  sa  d 
railroad  for  the  benefit  of  such  company  and  in  co  i- 
trolling  and  applying  the  assets  of  such  company,  shall 
be  the  same  as  if  its  railroad  had  been  construct*  d 
wholly  within  this  State. 

Contracts  with  foreign  railroads.  §  5384.  (5260.)  I. 
Any  railroad  company  heretofore  organized  or  which  mj  y 
hereafter  be  organized  under  the  general  or  special  lav  s 
of  this  State,  and  which  may  have  constructed  or  coi  i- 
menced  the  construction  of  its  road  so  as  to  meet  at  1 
connect  with  any  other  railroad  in  an  adjoining  Stat  e 
at  the  boundary  line  of  this  State  shall  have  the  pow<  r 
to  make  such  contracts  and  agreements  with  any  sue  i 
road  constructed  in  an  adjoining  State,  for  the  tran  ;- 
portation  of  freight  and  passengers,  or  for  the  use  of  ii  s 
said  road,  as  to  the  board  of  directors  may  seem  prope  •. 

Restrictions  on  forfeiture.  §5385.  (5261.)  4.  No  rail-' 
road  company  incorporated  or  organized  by  specii  1 
charter  or  under  a  general  law  shall  incur  a  forfeituie 
of  any  of  its  corporate  privileges  by  reason  of  its  havin? 
heretofore  failed  to  elect  directors  within  the  time  pr'- 
scribed  by  its  charter  or  said  law,  or  on  account  <  f 
a  misnomer  of  said  company  in  any  publication  of  notiC'', 
or  for  a  failure  to  complete  the  work  within  the  desii;- 
nated  period;  but  all  said  companies,  so  incorporated  ss 
aforesaid,  shall  have  full  power  and  lawful  authority  to  i 
construct  and  complete,  within  five  years  herefrom,  their 
roads  over  the  routes  which  they  have  hitherto  respec  • 
ively  surveyed  and  located;  and  whenever  any  railroal 
company  shall  have  surveyed  and  located  a  route  for  a  , 
road  and  commenced  the  construction  of  the  same,  :t 
shall  have  full  right  and  authority  to  complete  saij 
road,  and  to  use  and  occupy  the  same;  provided,  thft 
nothing  herein  contained  shall  be  construed  to  extend 
to  any  companies  under  special  charters,  except  sucli 
as  are  now  organized  and  have  actually  constructed  some 
portion  of  their  railroads. 

(1853,  p.  107.    In  force  March  4,  1853.) 

Supplemental  Act.  §5386.  (5262.)  1.  The  provisions 
of  the  first  section  of  the  Act  above  recited  (§  3971)  were 
intended  to  apply  to  railroads  hereafter  organized  as  well 
as  to  those  heretofore  organized;  and  it  shall  and  may  be 
lawful  for  railroad  companies  hereafter  organized  under 
the  laws  of  this  or  any  adjoining  State,  as  well  as  those 


Public  Service  Laws 


479 


heretofore  organized,  to  consolidate  and  make  their  stocli 
joint-stocli  with  any  other  railroad  company  heretofore 
or  hereafter  organized  as  aforesaid,  on  the  terms  and  con- 
ditions and  subject  to  all  the  restrictions  as  stated  in 
said  Act. 

Franchises  saved  and  action  legalized.     §  5387.     (5263.) 

I.  Any  railroad  company  heretofore  organized  under 
and  pursuant  to  an  Act  entitled  "An  Act  to  provide  for 
the   incorporation   of   railroad   companies,"   approved    May 

II,  1852,  and  also  the  Acts  amendatory  thereto,  which, 
within  three  years  after  its  incorporation,  shall  have 
merged  and  consolidated  its  stock  with  the  stock  of  any 
other  railrpad  company  organized  and  chartered  in  an 
adjoining  State,  making  one  joint-stock  company  iJTlder 
and  pursuant  to  an  Act  entitled  "An  Act  to  authorize 
railroad  companies  to  consolidate  their  stock  with  the 
stock  of  railroad  companies  in  this  or  in  an  adjoining 
State,  and  to  connect  their  roads  with  the  roads  of 
said  companies,  and  to  authorize  railroad  companies  to 
construct  tlieir  roads  on  the  routes  which  they  may  have 
heretofore  surveyed  and  located,  and  to  use  and  occupy 
the  same  when  completed,"  approved  February  23,  1853 
(§§  3971  to  3974),  shall  not  be  taken  to  have  abandoned 
its  road  or  forfeited  its  rights,  privileges  and  franchises, 
but  the  same  shall  be  vested  in  such  consolidated  com- 
pany, and  the  acts  of  the  board  of  directors  of  such 
consolidated   company  are   hereby  legalized. 

Time  for  completion  extended.  §  5388.  (5264.)  2.  Any 
such  consolidated  company  which,  within  two  years  after 
its  consolidation  in  manner  as  set  forth  in  the  preceding 
section,  shall  have,  in  good  faith,  begun  the  construction 
of  its  road  in  this  State,  and  shall  have  actually  thereon 
at  least  $50,000  in  the  construction  thereof  in  this 
State,  exclusive  of  officers'  salaries  and  expenses,  shall 
have  Ave  years  from  and  after  the  taking  effect  of  this 
Act  to  complete  the  same. 

Corporate  powers  continued.  §5389..  (5265.)  3.  The 
coriwrate  powers  and  franchises  of  all  companies  failing 
within  the  provisions  of  this  Act,  their  rights,  credits, 
privileges  and  immunities  are  continued  in  full  force 
for  and  during  the  said  additional  term  of  five  years, 
and  if,  at  the  expiration  of  said  time,  such  road  shall 
not  be  completed,  the  corporate  powers  and  franchises  of 
such  company  shall  then  cease  and  its  Act  of  incorpora- 
tion become  void;  always  provided,  that  the  benefits  of 
this  Act  shall  not  extend  to  any  corporation  whose 
charter  shall  have  been  declared  forfeited  by  a  competent 
tribunal  or  against  which  a  final  judgment  of  ouster 
shall  have  been  entered;  and  provided  further,  that 
the  provisions  of  this  Act  shall  not  affect  the  rights 
or  interests  of  railroad  companies  over  such  railroads  as 
have  been  opened  and  put  in  operation  by  said  com- 
panies. 

Amendment  or  repeal.  §5390.  (5266.)  4.  This  Act 
may  be  amended  or  repealed  at  the  discretion  of  the 
legislature. 

(1877,  p.  109.  In  force  March  7,  1877.) 
What  is  abandonment.  §5391.  (5267.)  1.  Any  rail- 
road company  organized  under  a  special  charter,  or  under 
the  general  law  of  this  State  for  the  construction  of 
railroads,  whose  line  is  wholly  within  this  State,  or 
partly  within  this  State  and  partly  in  anotl\er  State,  whicTi 
shall  fail  to  keep  up  the  directory  of  its  road  and  expend 
at  least  the  sum  of  $50,000  upon  the  line  of  such  road 
in  this  State  within  any  period  of  two  years  from  the 
taking  effect  of  this  Act;  or  where  any  railroad  company, 
so  organized  as  aforesaid,  shall  have  heretofore  located 
the  line  of  its  road  in  this  State,  and  has  afterward 
adopted  another  and  different  line  and  route  thereof  in 
this  State,  then,  in  either  of  the  above  cases,  such  rail- 
road company  shall  be  taken  and  held  to  have  aban- 
doned such  road,  or  so  much  of  the  line  thereof  in  this 
State  as  has  been  abandoned  by  so  selecting  and  adopt- 
ing another  and  different  line;  and  such  company  is 
hereby  declared  to  have  forfeited  all  its  rights,  privi- 
leges and  franchises  in  such  road  or  part  thereof. 

Other  company  may  complete — Appraisement.  §  S392. 
(5268.)  2.  Any  company  that  now  is  or  may  be  organized 
under  the  general  laws  of  this  State  providing  for  the  cor- 
poration of  railroad  companies  may  con;pIete  any  such 
abandoned  road  or  parts  thereof,  and  shall,  for  such  pur- 
pose, be  invested  with  all  the  rights,  privileges,  interests. 


rights  of  way,  franchises,  properties,  and  immunities  of 
such  derelict  railroad  company,  and  shall  proceed  to 
construct  the  same,  as  is  hereafter  provided;  provided, 
however,  that  before  any  such  new  company  shall  suc- 
ceed to  said  rights,  privileges,  interests,  rights  of  way, 
franchises,  properties,  and  Immunities,  and  before  it  shall 
proceed  to  complete  such  road  or  part  of  such  road,  the 
value  of  the  same  shall  be  ascertained  by  three  dis- 
interested freeholders,  resident  in  any  county  through 
which  the  line  of  such  road  may  run,  one  of  whom  shall 
be  selected  by  said  new  company,  and  one  by  the  old 
company,  or  the  assignee  of  purchaser  of  the  fran- 
chises thereof,  and  the  other  by  the  auditor  of  such 
county,  and  these  three  shall  constitute  a  board  of  ap- 
praisers; and  in  the  event  that  the  said  old  company, 
or  the  assignee  or  purchaser  of  the  franchises  thereof, 
shall  fail  or  refuse,  upon  request,  to  name  such  appraiser, 
then  he  shall  be  named  by  the  said  auditor.  Such  board 
of  appraisers  shall  take  an  oath  to  faithfully  discharge 
their  duties,  and  make  a  true  and  impartial  appraise- 
ment of  such  rights,  privileges,  interests,  rights  of  way, 
franchises,  properties,  and  immunities.  Such  board  shall 
report  their  appraisement  to  said  auditor,  and  upon  the 
payment  of  the  same  by  such  new  company  to  the 
treasurer  of  such  county,  it  shall  succeed  to  and  be  in- 
vested as  aforesaid;  provided,  that  nothing  in  this  Act 
shall  authorize  or  permit  any  railroad  company  which 
has  constructed  and  is  operating  its  road  to  change  its 
line  of  road  from  that  now  used  and  occupied  so  as 
to  avoid  any  point  named  in  its  charter  or  articles  of  as- 
sociation. 

Distribution  of  money.  §  5393.  (5269.)  3.  The  money 
so  paid,  as  is  provided  in  the  preceding  section,  shall  be 
held  by  such  treasurer  in  trust,  for  the  payment,  firstly, 
of  the  debts  of  such  old  company;  and,  secondly,  the 
balance,  if  any,  shall  be  equitably  distributed  among  the 
stockholders  thereof. 

Pay  of  appraisers.  §5394.  (5270.)  4.  The  said  ap- 
praisers shall  receive  for  their  services  $5  per  day  for 
the  time  by  them  employed,  to  be  paid  by  said  treasurer 
out   of  the  amount  of  said  assessment. 

When  road  deemed  abandoned.  §  5395.  (5271.)  5.  Any 
such  railroad  company  whose  road  is  incomplete,  which 
shall  fail  to  complete  the  same,  or  which  shall  fail  to  ex- 
pend at  least  $25,000  toward  the  completion  thereof,  in 
each  year,  shall  be  taken  and  held  to  come  within  the 
purview  of  this  Act. 

Abandonment    defined,    §    5391. 

Annual  statement.  §5396.  (5272.)  6.  Each  railroad 
company  in  this  State,  or  whose  road  runs  into  this 
State,  shall,  on  the  fifteenth  day  of  January  of  each 
year,  file  with  the  auditor  of  State  a  statement,  in  writ- 
ing, verified  by  the  affidavit  of  the  treasurer  of  such 
company,  showing  the  gross  receipts  of  such  company; 
the  amount  paid  to  each  officer;  the  gross  amount  paid 
to  other  employes;  the  amount  paid  for  rolling  stock; 
the  amount  paid  for  the  actual  construction  of  such  road 
(itemizing  the  amount  paid  for  earth-work,  bridges,  iron, 
ties,  culverts,  and  all  other  items  of  such  construction) ; 
and  also  the  amount  of  the  capital  stock  of  such  com- 
pany, the  essets  thereof,  and  the  rate  of  dividends  to  the 
stockholders,  and  also,  any  and  all  other  expenses  of  such 
company. 

Completion  of  roads  sold.  §5397.  (5273.)  7.  When- 
ever any  railroad  company  coming  within  the  provisions 
of  this  Act  shall  sell  or  transfer  its  property,  rights  or 
franchises  to  any  other  railroad  company,  it  shall  be  the 
duty  of  such  last-named  railroad  company  to  complete  the 
road  so  transferred  to  it,  and  put  the  same  in  complete  run- 
ning order,  within  three  years  after  the  time  of  such 
transfer;  and  upon  failure  to  do  so,  it  shall  be  taken  and 
held  to  have  abandoned  and  forfeited  the  same,  and 
any  company  organized,  as  provided  in  this  Act,  shall 
succeed  to  and  be  invested  with  the  same,  as  is  herein 
provided;  provided,  however,  that  nothing  in  this  Act 
contained  shall  be  regarded  as  a  recognition  of  the  right 
of  two  or  more  railroad  companies  to  consolidate  by 
voluntary    agreement. 

Time  for  completion  of  roads,  §  §  5414-5419. 

Organization— Proceedings.  §5398.  (5274.)  1.  It  shall 
be  lawful  for  any  owner  or  owners,  or  their  lessees,  of 
lands,  mills,  blast-furnaces,  quarries,  iron  ore,  coal  mines. 


480 


National  Association  of  Eailway  Commissioners 


or  other  minerals  or  other  real  estate,  or  for  any  com- 
pany of  persons  who  shall  desire  to  construct  a  lateral 
railroad,  not  exceeding  10  miles  in  length,  to  locate  and 
construct  the  same  to  any  other  railroad,  canal  or  slack- 
water  navigation,  on,  over,  through  or  under  any  inter- 
vening lands,  and,  by  their  engineers,  agents,  artists 
and  assistants,  to  enter  upon  any  such  intervening  lands, 
doing  no  unnecessary  damage,  and  survey,  mark  and 
lay  out  a  route  for  said  proposed  lateral  railroad;  and 
thereupon  may  present  a  petition  to  the  Circuit  Court 
of  the  county  in  which  intervening  lands  are  situate,  set- 
ting forth  the  beginning,  course,  distance  and  termination 
of  such  proposed  lateral  railroad,  together  with  a  map  or 
profile  of  such  route,  indicating  the  excavations  and  em- 
bankments on  said  route,  and  designating,  particularly,  the 
name  or  names  of  the  owner  or  owners,  occupant  or  occu- 
pants, agent  or  agents,  of  such  intervening  lands,  with  a 
particular  description  of  the  same,  which  said  petition  shall 
be  filed  in  said  court.  And  thereupon  said  court  shall  ap- 
point three  judicious  and  disinterested  freeholders  of  such 
county  as  viewers,  who,  after  five  days'  notice,  to  be  given 
by  such  applicant  to  each  of  said  owners,  occupants  or 
agents  of  such  intervening  lands,  of  the  time  and  place,  and 
after  being  duly  sworn  to  discharge  their  duties  fairly  and 
honorably  as  such  viewers,  shall  view  the  said  proposed 
route  as  marked  and  laid  out  for  such  railroad.  And  they, 
or  a  majority  of  them,  shall  assess  the  damages,  if  any, 
which  may  be  sustained  by  any  such  owner  or  owners,  sepa- 
-lately,  of  such  intervening  lands,  by  reason  of  the  location, 
construction  and  use  of  such  proposed  lateral  railroad,  and 
report  the  same  in  writing  to  the  clerk  of  said  court  imme- 
diately after  said  assessments  are  made,  which  said  report 
shall  be  filed  in  the  oflJce  of  the  clerk  thereof,  and  if  not 
excepted  to  within  20  days  after  the  filing  of  the  same,  by 
indorsing  thereon  "Not  accepted,"  and  signed  by  the  party 
so  excepting,  the  same  shall  be  confirmed  by  said  court. 
But  if  either  party  be  dissatisfied  with  such  report,  and 
signify  the  same  as  above  provided,  the  same  shall  stand 
for  trial  at  the  next  ensuing  term  of  said  court,  provided 
not  less  than  10  days  shall  have  intervened  between  the 
exception  so  taken  as  aforesaid  and  the  term  of  said  court; 
and,  upon  the  trial,  the  general  denial  to  said  petition  and 
report  shall  be  deemed  and  taken  as  filed,  and  all  matters 
of  defense  and  reply  may  be  given  in  evidence  under  such 
general  denial.  The  party  excepting  shall  have  the  affirma- 
tive of  the  issue;  provided,  that  said  viewers  or  jury  trying 
said  cause  shall,  in  assessing  such  damages,  take  into  con- 
sideration the  advantages  which  may  be  derived  by  the 
owner  or  owners  of  such  lands  passed  on,  over,  through  or 
under  by  such  proposed  lateral  road,  by  its  location  and 
construction  thereon;  and  provided  further,  that  upon  the 
filing  of  said  report  by  said  viewers  in  such  court  the  dam- 
ages assessed  by  them  shall  be  paid  to  said  clerk  or  be  ten- 
dered to  the  party  in  whose  favor  the  damages  are  awarded 
or  assessed.  On  making  payment  or  tender  thereof  as  afore- 
said it  shall  be  lawful  for  such  person  or  persons  or  com- 
pany of  persons  and  their  lessees  to  hold  and  take  posses- 
sion of  the  interests  in  such  intervening  lands  or  materials 
appropriated,  and  the  privilege  of  using  any  materials  on 
such  roadway  within  50  feet  on  each  side  of  the  center  of 
said  roadway  for  the  use  aforesaid.  The  costs  of  the  assess- 
ment by  the  viewers  shall  be  paid  by  the  said  petitioners, 
and  the  costs  in  case  of  trial  shall  be  paid  as  in  other  cases 
now  provided  for  by  law. 

Branch  roads  and  extensions,  §§  5425-5428. 

Appropriation  of  property,  practice,  §§  929-939. 

Certificate  of  incorporation.  §5399.  (5275.)  6.  Such 
person  or  persons,  or  company  of  persons,  who  shall  deter- 
mine to  construct  such  lateral  railroad,  shall  make  out, 
under  oath,  a  certificate  of  the  name  or  names  of  such 
person  or  persons,  or  company  of  persons,  setting  out  the 
beginning,  termination  and  length  of  said  proposed  lateral 
railroad,  and  file  the  same  in  the  recorder's  office  in  the 
county  or  counties  in  which  said  road  is  located;  and  shall 
have  the  power  and  capacity  to  contract  and  be  contracted 
with,  to  sue  and  to  be  sued,  and  generally  to  exercise  such 
powers  and  perform  such  acts  and  duties  as  may  be  neces- 
sary and  proper  to  carry  out  the  purposes  contemplated  by 
this  Act.  In  cases  of  sale  or  assignment,  the  purchasers, 
assignees  or  lessees  thereof  shall  file  the  same  in  such  re- 
corder's office;  and  such  certificate  of  organization,  sale  or 
assignment  shall  be,  by  the  recorder,  recorded  in  the  proper 
record  of  his  office;  and  for  all  services  aforesaid  such 
recorder  shall  be  entitled  to  receive  15  cents  for  each  100 
words. 


Right  of  way  —  Width  ~  Restrictions.  §5400.  (5276.) 
2.  Such  proposed  lateral  railroad  shall  not  exceed  100 
feet  in  width,  except  where  excavations,  embankments  or 
other  necessity  require  it;  nor  shall  the  same  pass  through 
any  burial  ground,  place  of  public  worship  or  any  public 
building  or  dwelling  house  without  the  consent  of  the 
owner. 

Appropriation  of  material.  §  5401.  (5277.)  3.  It  shall 
be  lawful  for  any  such  person  or  persons  or  company  of 
persons,  their  agents  or  employes,  desiring  to  construct 
such  lateral  railroad,  to  enter  upon  any  land  near  or  adjoin- 
ing thereto,  to  search  for  stone,  wood,  gravel  or  other  mate- 
rials to  be  used  in  the  construction  thereof;  but  no  stone, 
gravel,  wood  or  other  materials  shall  be  takfen  from  any 
land  for  said  purpose  until  the  rate  of  compensation  there- 
for shall  be  ascertained  and  tendered  to  the  owner  thereof. 
But  if  the  parties  cannot  agree  thereon,  each  party  shall 
choose  a  disinterested  and  reputable  freeholder  of  the  neigh- 
borhood (who,  if  they  cannot  agree,  shall  choose  an  umpire 
of  like  qualification)  who  shall,  under  oath  or  affirmation, 
fairly  and  impartially  estimate  the  same;  and  such  award 
shall  be  final  and  conclusive — the  amount  of  which  said 
award  shall  be  paid  or  tendered  to  the  person  or  personii 
entitled  thereto,  if  within  the  State  or  known. 

Connections.  §  5402.  (5278.)  4.  It  shall  be  lawful  for 
any  such  person  or  persons  or  company  of  persons  to  con- 
nect such  lateral  railroad  with  any  railroad  or  railroad!; 
incorporated  or  to  be  incorporated  in  this  State,  and  als(' 
with  any  highway  or  public  improvement;  provided,  tha' 
if  the  parties  interested  cannot  agree  upon  the  mode,  man 
ner  or  point  of  connection  with  such  railroad  or  railroads 
the  same  shall  be  determined  in  the  same  manner  as  the 
compensation  for  materials  prescribed  in  the  preceding 
section. 

Unknown  and  non-resident  owners  of  lands.  §  5403 
(5279.)  5.  If  any  of  the  owners  of  any  intervening  lands 
aforesaid  shall  be  unknown,  non-resident  or  incompetent  tc 
act,  then  the  occupant  of  such  lands  or  the  agent  of  such 
owner  shall  be  deemed  and  taken  to  be  the  owner  of  such 
lands;  and  in  case  where  such  owner  or  agent  is  unknown 
and  such  lands  are  unoccupied,  then,  in  all  such  cases,  th« 
sheriff  of  such  county  shall  be  deemed  the  owner  of  such 
lands  for  all  the  purposes  contemplated  in  this  Act,  and 
shall  be  paid  ?2  per  day  for  every  day's  service  in  and 
about  such  matter. 

Pap  of  viewers.  §5404.  (5280.)  7.  The  viewers  men 
tioned  in  this  Act  shall  each  receive  $2  per  day  for  thelt 
services,  to  be  paid  by  said  petitioners.  ^  , 

(Acts  1863,  p.  33.     In  force  March  7,  1863.)         9  i 

Foreign  roads.  §5405.  (5281.)  1.  Any  railroad  com- 
pany incorporated  by  special  charter  under  the  laws  of  the 
State  of  Ohio  or  Illinois,  or  under  any  general  law  ot 
either  State,  with  its  terminus  at  the  boundary  of  either 
State,  may  continue  its  road  into  this  State,  so  far  as  may 
be  necessary  to  form  a  connection  with  any  road  already 
built  in  this  State,  and  may,  for  such  purpose,  purchase  and 
hold  such  real  estate  as  is  necessary  for  depot  buildings, 
machine  shops,  stockyards,  crossings  and  sidings. 

Bridge  on  State  line— Joint  use.  §5406.  (5282.)  2. 
Whenever  railroads  have  been  chartered  by  the  joint  action 
of  the  legislatures  of  Illinois  and  Indiana  or  Ohio  and  Indi- 
ana, or  whenever  separate  charters  have  been  granted  by 
each  State  and  a  railroad  has  been  built  under  separate 
company  organizations  and  operated  through  one  or  more 
of  said  States,  and  when  the  line  dividing  the  State  ol 
Indiana  from  either  of  said  States  is  a  watercourse  which 
has  been  bridged  at  the  joint  expense  of  two  of  such  sepa- 
rate railroad  company  organizations,  the  company  desiring 
to  extend  its  line  into  this  State  shall  have  the  right  to 
maintain  and  use  such  bridge,  so  far  as  may  be  convenient 
and  necessary  and  so  as  not  to  interfere  with  the  necessary 
joint  use  thereof  by  the  companies  owning  the  same  in  the 
transaction  of  their  ordinary  joint  business,  and  may  extend 
its  track  upon  and  across  such  joint  bridge,  from  the  Indl 
ana  shore  of  said  stream  so  far  into  the  State  of  Indiana  as 
may  be  necessary  to  form  a  perfect  connection  with  other 
roads  by  means  of  tracks,  side  tracks,  crossings  and  sidings 
and  so  far  as  may  be  necessary  for  the  accommodation  of 
the  business  of  such  corporation  it  may  procure  grounds, 
and  erect  depot  buildings,  machine  shops  and  such  other 
buildings  within  this  State;  provided,  that  the  distance 
from  the  State  line  to  such  (Connection  or  crossing,  as  pro- 
posed, shall  not  exceed  3  miles. 


Public  Service  Laws 


481 


Right  of  icay.  §  5407.  (5283.)  3.  The  president  and 
directors  of  such  railroad  company  so  extending  its  line  of 
road  into  the  State  of  Indiana,  or  any  person  authorized 
by  them  thereto,  may  obtain  from  any  person  or  persons 
through  whose  lands  the  proposed  extension  of  their  said 
road  passes,  a  relinquishment  of  so  much  land  as  may  be 
necessary  for  the  purpose  of  said  extension  or  as  may  be 
convenient  and  proper  therefor. 

Appropriation  of  lands.  §  5408.  (5284.)  14.  In  all 
cases  when  any  person  or  persons  through  whose  lands  the 
proposed  extension  of  any  such  road  may  run  shall  refuse 
to  relinquish  the  same,  or  when  a  contract  between  the 
parties  cannot  be  made,  for  the  right  of  way  and  necessary 
ground  for  switches,  side  tracks  and  depot  grounds,  it  shall 
be  lawful  for  the  corporation  to  give  notice  to  some  justice 
of  the  peace  in  the  township  where  the  difficulty  may  occur, 
that  such  facts  do  exist;  and  such  justice  of  the  peace  shall, 
thereupon,  summon  the  owner  or  owners  of  such  lands  to 
appear  before  him  on  a  particular  day,  within  10  days  there- 
after, and  shall  appoint  six  disinterested  freeholders  of  the 
neighborhood,  who  shall,  after  taking  an  oath  faithfully 
and  impartially  to  assess  the  damages,  if  any,  view  the  land 
and  report  thereon  how  much  damage  such  person  or  per- 
sons may  be  entitled  to,  and  file  such  report  with  such  jus- 
tice, whereupon  such  justice  shall  enter  judgment  thereon, 
unless  for  good  cause  then  shown;  and  in  case  either  party 
show  sufficient  cause  why  judgment  should  not  be  entered 
the  justice  may  grant  a  review,  with  or  without  costs;  pro- 
vided, that  either  party  may  appeal  to  the  Circuit  Court  ot 
the  proper  county,  as  in  other  cases,  and  such  court  shall 
appoint  viewers  as  above  directed,  who  may  report,  at  that 
or  any  subsequent  term  in  the  discretion  of  the  court;  and 
the  judgment  of  the  Circuit  Court  shall  be  final.  And  in  all 
cases  where  the  owner  or  owners  of  such  land  shall  be 
minors  or  insane  persons,  or  reside  out  of  the  county  where 
such  lands  lie,  such  justice  shall  cause  three  notices  of  the 
appointment  of  viewers  to  be  posted  up  in  three  of  the  most 
public  places  in  the  township  where  such  lands  lie;  and  if 
no  person  shall  attend  on  the  day  of  such  notice  the  said 
justice  shall  adjourn  the  same  to  that  day  two  weeks,  at 
which  time  he  shall  proceed  as  if  such  person  or  persons 
had  been  personally  notified  to  attend;  and  on  such  judg- 
ment being  rendered,  and  said  corporation  complying  there- 
with, by  the  payment  of  the  damages  of  the  lands  for  the 
sole  use  of  the  corporation. 

Fee  simple  in  way.  §  5409.  (5285.)  5.  When  such  cor- 
poration shall  have  procured  the  right  of  way,  it  shall  be 
seized  in  fee  simple  of  the  lands,  and  shall  have  the  sole 
use  and  occupation  of  the  same  for  the  purposes  aforesaid; 
and  no  person  or  body  politic  or  corporation  shall  in  any 
way  interfere  therewith,  molest,  disturb  or  injure  any  of 
the  rights  and  privileges  hereby  granted,  or  that  would  be 
calculated  to  detract  from  or  affect  the  property  of  the  said 
corporation. 

(Acts  1873,  p.  186.  In  force  March  10,  1873.) 
Connecting  contracts.  §5410.  (5286.)  1.  All  railroad 
companies  now  organized  or  that  may  be  hereafter  organ- 
ized under  the  laws  of  this  State,  having  connecting  roads, 
may  enter  into  contracts  by  their  respective  boards  ot 
directors  by  which  the  locomotives  and  trains  of  one  rail- 
road company,  for  the  transportation  of  freight  and  passen- 
gers, may  be  run  and  operated  over  and  upon  the  track  and 
road  of  another  railroad  company,  upon  such  terms  as  the 
said  companies  may  agree  upon. 

Contracts  ratified.  §  5411.  (5287.)  2.  All  contracts 
heretofore  made  in  good  faith  between  railroad  companies 
organized  under  the  laws  of  this  State,  acting  by  their  re- 
spective boards  of  directors,  by  which  the  locomotives  and 
trains  of  one  railroad  company,  for  the  transportation  ot 
freight  and  passengers,  are  to  be  run  and  operated  over  the 
track  and  road  of  another  railroad  company,  are  hereby 
ratified  and  made  legal. 

Liability  to  third  person.  §5412.  (5288.)  3.  Every 
railroad  company  that  shall  run  and  operate  its  locomotives 
and  trains  upon  the  track  and  road  of  another  railroad 
company  shall  be  liable  to  third  persons  for  all  damages 
occasioned  by  such  locomotives  and  trains,  in  the  same 
manner  and  to  the  same  extent  as  though  the  track  and 
road  upon  which  such  locomotives  and  trains  were  run  and 
operated  belonged  to  the  company  owning  and  operating 
the  same. 


(Acts  1853,  p.  103.     In  force  February  22,  1853.) 

Change  of  name.  §5420.  (5296.)  1.  Any  railroad  com- 
pany desiring  so  to  do  may  change  its  name  by  resolution 
of  its  board  of  directors,  duly  entered  upon  its  records, 
and  in  so  doing  may  adopt  such  name  as  may  be  agreed 
upon  by  said  board. 

Change  of  names  by  corporations,  §  4079. 

Record  and  notice.  §5421.  (5297.)  2.  It  shall  be  the 
duty  of  said  board  to  cause  a  copy  of  the  resolution  chang- 
ing the  name  of  its  road,  as  above  prescribed,  to  be  recorded 
in  the  office  of  the  recorder  of  the  several  counties  through 
which  the  road  may  run  and  also  to  give  notice  thereof  by 
publication  in  some  newspaper  of  general  circulation  in  this 
State. 

Franchises— Suits.  §  5422.  (5298.)  3.  The  change  of 
name  as  herein  provided  shall  not  be  construed  to  deprive 
any  company  of  any  of  the  powers  and.  franchises  granted 
to  it  by  the  original  act  of  incorporation  or  amendments 
thereto;  nor  shall  anything  herein  contained  be  so  con- 
strued as  to  prevent  any  company  changing  its  name  from 
suing  or  being  sued,  in  its  original  name,  for  all  rights  and 
liabilities  which  may  have  accrued  previous  to  changing 
its  name. 

(Statutes  1869,  p.  103.     In  force  May  15,  1869.) 

Classification  of  directors.  §5423.  (5299.)  1.  It  shall 
be  lawful  for  the  board  of  directors  of  any  railway  com- 
pany whose  road  passes  through  this  State  into  adjoining 
States,  by  lot  or  otherwise,  to  so  classify  themselves  thereof 
that  one-fourth  (as  near  as  may  be)  shall  determine  their 
official  terms  as  directors  of  the  first  annual  election  there- 
after, and  one-fourth  at  each  subsequent  election;  and  after 
being  thus  classified  the  stock  and  bond  holders  shall  elect 
only  the  number  of  the  board  of  directors  necessary  to  fill 
the  vacancies  created  by  the  expiration  of  the  period  of 
services  fixed  as  aforesaid. 

(Acts  1863,  p.  6.  In  force  February  21,  1863.) 
Branches— Bridge  stock.  §5424.  (5300.)  1.  It  shall 
be  lawful  for  any  railroad  company  in  this  State,  organ- 
ized under  the  general  or  special  laws  of  this  State,  to  make 
branches  or  extensions  of  its  railroad  to  the  boundary  line 
of  any  county  in  which  such  road  may  have  a  terminus, 
such  boundary  line  being  also  a  boundary  line  of  the  State; 
and  such  railroad  company  shall  have  all  the  powers,  rights 
and  privileges  in  relation  to  such  branches  or  extensions 
as  it  has  or  may  have  in  relation  to  its  original  road  under 
the  law  by  which  it  was  organized  and  in  conformity  to  the 
law  of  its  organization,  with  power  to  said  company  to  sub- 
scribe and  take  stock  in  any  railroad  bridge  company  on 
the  route  of  said  road  or  at  the  terminus  of  said  railroad 
for  the  use  and  benefit  of  said  road;  provided,  that  any 
such  bridge  at  the  terminus  of  said  road  shall  be  so  con- 
structed as  to  admit  the  passage  of  vehicles,  foot  passengers 
and  for  the  general  purposes. 

(Statutes  1869,  p.  100.  In  force  August  16,  1869.) 
Branches.  §  5425.  (5301.)  1.  Any  railroad  company 
organized  under  the  laws  of  this  State  is  hereby  authorized 
to  build  and  operate,  in  addition  to  the  main  line  author- 
ized by  its  charter  or  articles  of  association,  branch  rail- 
roads from  any  point  or  points  on  its  main  line,  to  or 
through  any  adjacent  mineral  lands  containing  coal,  iron  or 
building  stone,  not,  however,  exceeding  in  distance  50  miles 
from  the  nearest  point  on  said  main  line;  provided,  how- 
ever, that  no  railroad  company  shall  build  any  such  branch 
railroad  if  the  owners  of  one-third  of  its  stock  object 
thereto.  (As  amended.  Acts  1889,  p.  100.) 
Lateral  roads,  §§  5398-5404. 

(Statutes  1865,  p.  117.  In  force  December  19,  1865.) 
Poiver  to  take  land.  §  5426.  (5302.)  2.  The  powers 
of  the  charter  of  any  railroad  company  constructing  such 
branch,  in  relation  to  the  entering  upon  and  taking  posses- 
sion of  and  acquiring  title  to  any  ground  and  materials 
necessary  in  the  construction  and  maintenance  of  such 
road,  shall  be,  and  the  same  are  hereby,  extended  to  the 
construction  and  maintenance  of  any  such  branch  road. 

(Acts  1879,  p.  48.  In  force  March  8,  1879.) 
Extension.  §  5427.  (5303.)  1.  Any  railroad  company 
organized  under  any  general  law  of  this  State  is  hereby  em- 
powered to  extend  its  road  from  time  to  time  beyond  either 
terminus  fixed  in  its  articles  of  association,  and  to  con- 
struct, or  cause  to  be  constructed,  and  to  own  and  operate 
such  extension  or  extensions  in  same  manner  and  to  the 


482 


National  Association  of  Railway  Commissionees 


same  extent  as  if  such  extension  or  extensions  had  been 
Included  between  the  termini  named  in  its  original  articles 
of  association;  provided,  however,  that  before  any  such 
extension  or  extensions  are  commenced,  the  same  shall  be 
authorized  by  resolution  adopted  by  the  holders  of  a  major- 
ity, in  value,  of  the  capital  stock  of  the  company  proposing 
to  extend  its  road;  and  such  resolution  shall  specify  the 
point  from  and  the  point  to  which  such  extension  is  to  be 
made,  and  the  township  or  townships  and  county  or  coun- 
ties into  or  through  which  the  same  is  to  be  constructed.  A 
copy  of  such  resolution,  signed  by  the  president  and  attested 
by  the  secretary  of  said  company,  under  its  corporate  seal, 
Bhall  be  filed  in  the  office  of  the  secretary  of  State. 

Right  of  way.  §5428.  (5304.)  2.  Any  railroad  com- 
pany extending  its  line  under  the  provisions  of  this  Act  may 
acquire  right  of  way  and  other  property  by  condemnation 
or  otherwise,  in  the  same  manner  and  with  the  same  effect 
as  if  such  extension  has  been  included  within  the  original 
articles  of  association  of  such  company.     . 

(Statutes  1881,  p.  590.  In  force  April  7,  1881.) 
Telegraph  lines.  §5429.  (5305.)  1.  Any  railroad  com- 
pany now  or  hereafter  lawfully  organized  and  owning  or 
operating,  under  the  lease  or  otherwise,  railroads  in  this 
State,  is  hereby  authorized  and  empowered  to  construct, 
maintain,  own  and  operate  lines  of  telegraph  upon  and 
along  the  route  and  right  of  way  of  the  railroad  or  railroads 
owned  or  operated  by  it,  and  such  additional  distances,  be- 
yond the  termini  of  the  main  line  or  branches  of  such  road 
or  roads,  or  from  such  points  on  the  main  line  or  branches 
thereof,  as  may  be  necessary  to  reach  business  centers,  for 
Its  own  and  also  for  public  or  commercial  uses,  and  to 
connect  and  operate  the  same  for  lilie  uses,  in  connection 
with  the  telegraph  lines  or  other  railroad  or  telegraph  com- 
panies or  individuals  in  this  or  any  other  State,  so  as  to 
form  a  continuous  line,  upon  such  terms  and  conditions  for 
the  interchange  and  forwarding  of  business  as  may  be  mu- 
tually agreeable  to  the  parties,  and  to  charge,  collect  and- 
receive  reasonable  and  customary  rates  for  transmission  of 
telegrams  thereupon. 

Telegraph  lines.  §5430.  (5306.)  2.  It  shall  be  law- 
ful for  any  such  company  as  is  named  in  the  preceding  sec- 
tion to  acquire,  upon  terms  mutually  agreeable  to  the 
parties,  the  right  to  construct  lines  of  telegraph,  or  to  ac- 
quire telegraph  lines  already  constructed,  upon  and  along 
the  line  of  any  other  railroad  or  railroads  in  this  or  any 
other  State,  and  to  maintain  and  operate  the  same  sepa- 
rately or  in  connection  with  its  own  line  for  the  transmission 
of  its  own  or  public  or  commercial  telegrams,  and  charge  and 
collect  customary  rates  therefor;  provided,  that  all  railroad 
companies  owning  or  operating  any  telegraph  line  or  lines 
under  the  provisions  of  this  Act  shall  be  subject  to  all  the 
regulations,  penalties  and  liabilities  of  telegraph  companies, 
as  are  now  or  may  hereafter  be  provided  by  law,  when  re- 
ceiving, transmitting  and  delivering  messages  for  the  public 
or  any  individual  or  company. 

(Statutes  1881,  p.  590.  In  force  September  19,  1881.) 
Signals  at  crossings.  §5431.  (5307.)  1.  It  shall  he 
the  duty  of  all  railroad  companies  operating  in  this  State 
to  have  attached  to  each  and  every  locomotive  engine  a 
whistle  and  a  bell,  such  as  are  now  in  use  or  may  be  here- 
after used  by  all  well-managed  railroad  companies;  and  the 
engineer  or  other  person  in  charge  of  or  operating  such 
engine  upon  the  line  of  any  such  railroad  shall,  when  such 
engine  approaches  the  crossing  of  any  turnpilte  or  other 
public  highway  in  this  State,  and  when  such  engine  is  not 
less  than  80  or  more  than  100  rods  from  such  crossing, 
sound  the  whistle  on  such  engine  distinctly  three  times  and 
ring  the  bell  attached  to  such  engine  continuously  from  the 
time  of  sounding  such  whistle  until  such  engine  shall  have 
fully  passed  such  crossing;  provided,  that  nothing  herein 
shall  be  so  construed  as  to  interfere  with  any  ordinance 
that  has  been  or  may  hereafter  be  passed  by  any  city  or 
Incorporated  town  in  this  State  regulating  the  management 
or  running  of  such  engines  or  railroads  within  the  limits 
of  such  city  or  incorporated  town;  provided,  further,  that 
all  penalties  incurred  under  the  Act  of  March  29,  1879,  are 
hereby  repealed. 

(Acts  1879,  p.  173.    In  force  May  31,  1879.) 
Penalty  for  failure.     §  5432.     (5308.)     2.     Every  engi- 
neer or  other  person  in  charge  of  or  operating  any  such 
engine  who  shall  fail  or  neglect  to  comply  with  the  provi- 
sions of  the  preceding  section  shall  be  held  personally  liable 


therefor  to  the  State  of  Indiana  in  a  penalty  of  not  less 
than  $10  nor  more  than  $50,  to  be  recovered  in  a  civil 
action,  at  the  suit  of  said  State  in  the  Circuit  or  Superior 
Court  wherein  such  crossing  may  be  located;  and  the  com- 
pany in  whose  employ  such  engineer  or  person  may  be,  as 
well  as  the  person  himself,  shall  be  liable  in  damages  to 
any  person  or  his  representatives  who  may  be  injured  in 
property  or  person,  or  to  any  corporation  that  may  be 
injured  in  property,  by  the  neglect  or  failure  of  such  engi- 
neer or  other  person  as  aforesaid. 

8uits  for.  §  5433.  (5309.)  3.  All  actions  for  the  re- 
covery of  the  penalties  prescribed  in  the  preceding  section 
shall  be  prosecuted  in  the  name  of  the  State  of  Indiana  by 
the  prosecuting  attorney  of  any  county  where  such  failure 
or  neglect  as  aforesaid  may  occur;  and  such  prosecuting 
attorney  shall  be  entitled  to  recover  and  receive  for  his 
services  in  such  cases,  as  a  docket  fee,  $20  in  each  case,  to 
be  taxed  as  part  of  the  costs  in  such  cases. 

Damages.  §5434.  (5310.)  4.  The  amount  of  damages 
which  may  be  recovered  under  the  provisions  of  this  Act. 
whether  for  bodily  injuries  or  death,  shall  be  within  the 
discretion  of  the  court  or  jury  trying  the  cause;  provided, 
that  in  case  of  death  such  damages  shall  not  exceed  the 
sum  of  $5,000. 

Penalty  to  school  fund.  §5435.  (5311.)  5.  All  finet 
and  penalties  collected  under  the  provisions  of  this  Act 
shall  be  appropriated  to  the  benefit  of  the  common  school 
fund  of  the  State;  and  the  clerk  of  the  court  wherein  such 
fines  and  penalties  may  be  assessed  and  recovered  shall 
upon  receipt  thereof,  pay  the  same  over  to  the  treasurerjiB 
said  county,  for  the  purpose  aforesaid.  SI 

(Statutes  1877,  p.  61.  In  force  July  2,  1871.) 
For  stock  killed.  §5436.  (5312.)  1.  Any  railroad  cor 
poration,  lessee,  assignee,  receiver  and  other  person  or  cor 
poration  running,  controlling  or  operating  any  railroad  intc 
or  through  this  State  "shall  be  liable,  jointly  or  severally 
for  stock  killed  or  injured  by  the  locomotives,  cars,  or  other 
carriages  run  on  such  road,  in  the  name  in  which  the  road 
was  run  or  operated  at  the  time,  to  the  extent  and  accord- 
ing to  the  provisions  of  this  Act;  and  the  bills  of  lading 
usually  issued  at  any  railroad  station  in  the  county  in 
which  such  stock  was  killed  or  injured  shall  be  prima  facie 
evidence  as  to  the  character  or  name  in  which  said  railroad 
was  owned,  held,  controlled  or  operated. 

Not  liable  if  not  fenced.  §  5442.  (5318.)  7.  This  Act 
shall  not  apply  to  any  railroad  securely  fenced  in,  and  it 
such  fence  be  properly  maintained  by  such  company,  lessee 
assignee,  receiver  or  other  person  running  the  same. 

(Acts  1885,  p.  148.  In  force  April  8,  1885.) 
Driveways  to  connect  lands  separated  by  right  of  way 
§  5444.  (5320.)  1.  That  owners  of  tracts  cf  land  separated 
by  the  right  of  way  of  a  railway  company,  or  owner  of  a 
tract  or  tracts  of  land  separated  by  the  right  of  way  of  a 
railway  company  from  a  public  highway  or  road,  lying  and 
situated  immediately  contiguous  to  and  adjoining  said  right 
of  way,  may,  if  such  right  of  way  has  been  or  shall  here 
after  be  acquired  by  condemnation  and  appropriation,  oi 
by  purchase  or  donation,  construct  and  maintain  wagon 
and  driveways  over  and  across  such  right  of  way  leading 
from  one  of  such  tracts  to  another  on  the  opposite  side  of 
such  right  of  way,  or  leading  from  such  tract  or  tracts  o) 
land  on  one  side  to  the  highway  on  the  other  side  of  thf 
right  of  way,  at  any  point  most  convenient  to  such  owner 
For  this  purpose  such  owner  may  enter  upon  such  right 
of  way  and  construct  such  embankment  or  make  such  exca 
vation  on  one  or  both  sides  of  the  track  of  such  railway  as 
may  be  necessary  to  establish  easy  grades  from  one  tract 
of  laind  to  the  opopsite  tract  or  highway,  and  may  spiki 
planks  on  the  ties  of  such  railway  on  the  line  of  such  waj 
for  the  pace  of  the  width  of  such  way,  of  such  thickness  at 
not  to  be  elevated  above  the  top  of  the  rails  of  such  railway 
and  may  also  bridge  the  gutters  of  the  sides  of  such  rail 
way  track  in  such  manner  as  not  to  obstruct  the  flow  o ' 
water  therein;  provided,  the  railroad  company  shall  makt: 
the  crossing.     (As  amended,  Acts  1899,  p.  485.) 

Owner  to  erect  gates.  §  5445.  (5321.)  2.  When  sucli 
railroad  is  fenced  on  one  or  both  sides  at  the  point  where 
such  way  is  constructed,  such  owner  shall  erect  and  main- 
tain substantial  gates  in  the  line  of  such  fence  or  fencei) 
across  such  way,  and  keep  the  same  securely  locked  when 
not  In  use  by  himself  or  employes. 

Liability  of  railroads  for  animals  killed.   §  5446.    (5322.) 


i'Li;i,iL  feiuaici;  Ijaws 


4b3 


3.  If  animals  are  killed  or  injured  on  the  track  of  such 
railroad  by  the  cars  or  locomotives  thereof,  the  company 
owning  or  operating  such  railroad  shall  not  be  liable  to  pay 
damages  therefor  it  such  animal  entered  upon  the  track  of 
such  railroad  through  such  gates,  unless  it  shall  be  proved 
that  such  killing  or  injury  was  caused  by  the  negligence  of 
the  servants  of  the  company  owning  or  operating  such 
railroad. 

(Acts  1885,  p.  224.  In  force  July  18,  1885.) 
Fences — Liability  of  railroads.  §5447.  (5323.)  1. 
That  any  railroad  corporation,  lessee,  or  assignee,  or  re- 
ceiver, or  other  person  or  corporation,  running,  controlling 
or  operating,  or  that  may  hereafter  construct,  build,  run, 
control  or  operate  any  railroad  into  or  through  this  State, 
shall,  within  12  months  from  the  day  of  the  taking  eltect  of 
this  Act,  as  to  those  already  completed,  and  within  12 
months  from  the  date  of  the  construction  and  completion 
of  any  part  of  a  line  of  road  hereafter  constructed,  erect, 
build,  construct  and  thereafter  maintain  fences,  which  may  be 
constructed  of  barbed  wire,  on  both  sides  of  such  railroad 
throughout  the  entire  length,  completed  within  the  State 
of  Indiana,  sufficient  and  suitable  to  turn  and  prevent  cattle, 
horses,  mules,  sheep,  hogs  or  other  stock  from  getting  on 
such  road,  e.xcept  at  the  crossings  of  public  roads  and  high- 
ways, and  within  such  portions  of  cities  and  incorporated 
towns  and  villages  as  are  or  may  hereafter  be  laid  out  and 
platted  into  lots  and  blocks;  and  shall  also  in  like  manner 
and  within  the  time  hereinbefore  prescribed,  constructed 
(construct)  where  the  same  has  not  already  been  done,  and 
thereafter  maintain  at  all  public  road  and  highway  cross- 
ings now  existing  or  hereafter  established,  barriers  and 
cattle  guards  suitable  and  sufficient  to  prevent  cattle,  horses, 
sheep,  hogs  and  other  stock  from  getting  on  such  railroad; 
provided,  however,  when  such  fences  and  cattle  guards  are 
not  kept  in  repair,  such  railroad  corporation,  or  persons 
operating  the  same,  shall  be  liable  for  all  damages  which 
may  be  done  by  the  agents,  employes,  engineers  or  cars  of 
such  corporation  or  person  operating  the  same,  to  any  such 
cattle,  horses,  sheep,  hogs  or  other  stock  thereon;  provided, 
however,  that  such  railroad  corporation  or  other  person 
operating  the  same  shall  not  be  required  to  fence  such  rail- 
road track  through  unimproved  and  uninclosed  lands,  and 
the  provision  of  this  Act  shall  not  apply  to  such  parts  and 
portions  of  any  such  railroad  which  runs  through  unim- 
proved and  uninclosed  lands,  but  when  such  lands  become 
Improved  and  inclosed  on  three  sides  the  same  shall  apply, 
and  such  railroad  corporation,  or  person  operating  the 
same,  shall  be  required  to  fence  the  same  under  tEe  provi- 
sions of  this  Act  within  six  months  from  the  date  of  such 
incloBure. 

Land  owner  may  build — Notice — Railroad  to  pay  tender. 
S  5448.  (5324.)  2.  If  such  railroad  corporation,  lessee,  as- 
signee, receiver  or  other  person  or  corporation  aforesaid 
neglect  or  refuse  to  construct  such  fence,  barriers  or  cattle 
guards  as  provided  in  the  preceding  section,  the  owner  of 
any  lands  abutting  on  the  land  or  right  of  way  of  said  rail- 
road shall  have  the  right  (after  giving  30  days'  notice  in 
writing  of  his  intention  so  to  do,  to  be  served  upon  the 
nearest  freight  receiving  and  shipping  agent  employed  by 
the  company  or  person  controlling  and  operating  said  rail- 
road) to  enter  upon  the  land,  right  of  way  and  track  of 
said  railroad,  and  may  build,  erect  and  construct  such 
fences,  barriers  and  cattle  guards  as  therein  provided  for, 
so  far  as  the  lands  of  such  land  owner  abut  on  the  land  and 
right  of  way  of  such  railroad,  and  when  he  has  completed 
the  same  he  may  present  for  payment  to  the  agent  of  such 
corporation  or  person  controlling  and  operating  such  road 
at  the  nearest  shipping  station  to  the  tract  of  land  so 
fenced  an  itemized  statement  verified  by  the  affidavit  of 
such  person,  or  his  agent,  of  the  expenses  thereof,  including 
material  and  labor,  and  if  such  corporation  or  person  so 
operating  said  road  neglect  or  refuse  for  60  days  to  pay 
said  account,  such  land  owner  may  recover,  in  any  court  of 
competent  jurisdiction,  the  reasonable  value  of  such  fence, 
barrier  and  cattle  guards  from  said  corporation  or  person 
operating  the  same,  together  with  reasonable  attorney's 
fees;  provided,  however,  if  such  railroad  corporation  o'r 
other  person  operating  the  same,  so  liable  for  the  value  of 
such  fence,  cattle  guards  and  barriers,  shall,  within  said  60 
days,  make  a  tender  of  a  sum  of  money  to  such  person  in 
satisfaction  of  such  claim  or  liability  against  such  corpora- 
tion or  person,  and  such  person  to  whom  such  tender  is 
made  shall  refuse  to  accept  the  same  In  satisfaction  of  such 
claim,  and  shall  sue  for  the  recovery  of  the  value  of  such 


fence,  barrier  and  cattle  guards,  and  shall  not  recover  more 
than  the  amount  so  tendered,  he  shall  not  in  such  action 
recover  attorney's  fees. 

Railroad  to  repair — When  oxvner  may  repair.  §  5449. 
(5325.)  3.  When  such  fence,  barrier  and  cattle  guard  are 
completed  such  railroad  corporation,  lessee,  assignee,  re- 
ceiver or  other  person  or  corporation  operating  and  con- 
trolling the  same  shall  keep  the  same  in  good  repair  and 
sufficient  to  answer  the  purposes  for  which  constructed, 
and  if  any  such  corporation,  lessee,  assignee,  receiver  or 
other  person  or  corporation  shall  permit  any  part  of  the 
fence,  barrier  or  cattle  guards  to  get  out  of  repair  so  that 
it  will  not  turn  cattle,  horses,  mules,  sheep,  hogs  or  other 
stock,  the  owner  of  the  land  abutting  upon  t"he  land  or 
right  of  way  of  such  railroad  may  notify  the  agent,  in 
writing,  for  receiving  and  shipping  freight  at  the  station 
nearest  the  tract  of  land  so  owned  by  such  person  that  a 
portion  of  the  fence  is  out  of  repair,  stating  where  the  same 
is  out  of  repair,  and  the  probable  cost  of  making  such  re- 
pair, and  if  such  railroad  corporation,  lessee,  assignee, 
receiver  or  other  person  or  corporation  shall  fail  for  30 
days  to  make  or  commence  such  repairs,  such  abutting  land 
owner  shall  have  the  right  to  enter  upon  the  land,  right 
of  way  and  railroad  track  and  make  such  repairs  and 
shall  furnish  a  sworn  itemized  account  of  the  cost  of  such 
repairs,  including  the  material  necessarily  used  and  the 
labor,  to  the  agent  aforesaid,  and  if  such  bill  is  not  paid 
within  60  days  from  the  time  the  same  was  so  furnished  to 
such  agent  the  said  party  so  making  such  repairs  may 
recover  the  reasonable  value  of  such  repairs  so  made  from 
such  railroad  corporation,  lessee,  assignee,  receiver  or  other 
person  or  corporation  so  controlling  and  operating  the 
same,  together  with  reasonable  attorney's  fees;  provided, 
that  in  case  the  said  railroad  corporation  or  person  operat- 
ing the  same,  liable  for  such  repairs,  shall,  within  said  60 
days,  tender  to  such  person  so  making  such  repairs  a  sum 
of  money  in  satisfaction  of  such  repairs  made  by  him,  and 
such  person  shall  refuse  to  accept  the  same  and  shall  sue  for 
the  recovery  of  the  value  of  such  repairs,  and  shall  not 
recover  more  than  was  so  tendered,  he  shall  not  recover 
attorney's  fees  in  such  suit. 

Stock  killed,  liability  for.  §5450.  (5326.)  4.  Nothing 
in  this  Act  contained  shall  in  any  manner  affect  or  change 
the  liability  of  railroad  corporations,  or  of  the  assignees, 
lessees,  or  receiver  of  such  corporations,  for  stock  killed  or 
injured  upon  their  railroads;  but  such  lipbility  sjiall  exist 
and  be  governed  by  laws  now  in  force  the  same  as  If  this 
Act  had  never  been  passed. 

Gates  at  farm  crossings.     §  5451.     (5327.)     5.    All  gates 
and  bars  at  farm  crossings  shall,  in  the  absence  of  a  con- 
tract or  agreement  to  the  contrary,  be  constructed  and  main- 
tained and  kept  closed  by  the  owner  of  such  farm  crossing. 
(Statutes  1881,  p.  555.     In  force  April  8,  1881.) 

Sales  of  metal.  §5452.  (5328.)  1.  No  officer,  agent 
or  employe  of  a  company  operating  a  railroad  (except  the 
superintendent,  general  managing  agent  or  the  receiver  of 
the  company)  shall  sell  or  dispose  of  worn  or  scrap  metal, 
or  any  iron,  brass  or  other  metals  owned  by  the  company, 
and  all  sales  and  barters  of  such  scrap  or  other  metals 
owned  by  a  company,  made  by  any  other  officer,  agetft  or 
employe  than  such  superintendent,  general  managing  agent 
or  receiver,  shall  be  null  and  void,  and  no  such  superin- 
tendent, general  managing  agent  or  receiver  shall  sell  or 
dispose  of  any  such  scrap  or  other  metals  in  quantities  less 
than  a  ton,  nor  without  delivering  to  the  purchaser  a  bill 
of  sale  thereof,  a  copy  of  which  shall  be  retained  and  filed 
in  the  office  of  such  superintendent,  managing  agent  or 
receiver. 

Sales  of  metal.  §5453.  (5329.)  2.  If  a  superintend- 
ent, general  managing  agent  or  receiver  of  any  company  sell 
or  dispose  of  any  railroad  scrap  metal  in  quantities  less 
than  a  ton,  or  sell  or  dispose  of  such  metal  in  any  quantity 
without  delivering  a  bill  of  sale  thereof  to  the  purchaser, 
the  company  which  he  represents  shall  not  thereafter  be 
entitled  to  the  benefit  of  the  three  succeeding  sections. 

Duty  of  purchaser.  §5454.  (5330.)  3.  The  person, 
company  or  firm  to  whom  is  offered  for  sale,  pledge  or  trade 
any  worn  or  used  links,  pins,  journal  bearings  or  other 
worn  or  used  and  detached  appendages  of  railroad  equip- 
ment, or  any  scrap  metal  of  Iron,  brass  or  steel  appertain- 
ing to  such  equipment  or  to  a  railroad  track,  shall,  before 
purchasing  or  dealing  In  the  same,  ascertain  whether  the 
ownership  thereof  is  lawfully  derived,  by  bill  of  sale  or 


484 


National  Association  of  Railway  Commissioners 


otherwise,  from  a  company,  or  from  the  superintendent, 
managing  agent  or  receiver  thereof,  and  in  any  action  in 
which  the  right  or  title  to  such  article  or  metal  is  drawn 
in  question,  the  person,  company  or  firm  dealing  therein, 
or  his  or  its  assignee,  party  to  such  action,  shall  be  bound 
to  establish  and  prove,  prima  facie,  the  title  and  ownership 
derived  as  aforesaid. 

Confusion  of  goods.  §5455.  (5331.)  4.  If  in  such 
action  it  appear  prima  facie,  from  the  evidence  on  the 
trial,  that  any  of  the  articles  or  metals  in  controversy  were 
stolen  or  unlawfully  obtained,  and  mixed  or  confused  with 
other  scrap  metal,  it  shall  be  deemed  a  confusion  of  goods, 
unless  the  party  claiming  against  the  title  of  the  company 
established,  prima  facie,  a  lawful  title  to  the  residue  from 
or  through  a  railroad  company. 

Replevin— Proof.  §5456.  (5332.)  5.  A  company,  by 
its  proper  officer  or  agent,  or  the  receiver  thereof,  may 
claim  to  be  the  general  owner  of,  and  may  replevy,  any  of 
the  materials  or  articles  mentioned  in  §  3  of  this  Act 
(S.  4045),  and  any  metals  with  which  thes'  may  have  been 
confused,  as  aforesaid,  whenever  found  in  Ihe  possession  of 
any  person,  firm  or  company,  wherever  there  is  good  reason 
to  believe  that  such  metals  or  articles  have  been  stolen  or 
unlawfully  taken  from  a  railroad  company  or  its  receiver; 
and,  instead  of  the  usual  averment  as  to  ownership  in  the 
affidavit  for  a  writ  of  replevin,  it  shall  be  sufficient  for  the 
officer  or  agent  of  such  company  or  the  receiver  to  aver 
that  he  believes  such  metals  or  articles  to  have  been  unlaw- 
fully taken  from  such  company  or  some  other  company; 
and  the  person,  firm  or  company  claiming  in  such  action, 
or  any  other  action,  the  right  or  title  to  any  such  metals  or 
articles  shall  be  required  to  establish  and  prove,  prima 
facie,  a  right  or  title  thereto,  lawfully  derived,  as  provided 
in  the  preceding  sections.  In  the  absence  of  such  proof,  the 
company  or  receiver  claiming  such  metals  or  articles  shall 
be  held  and  considered  to  be  the  general  owner  thereof;  but 
any  other  company  or  receiver,  upon  showing  that  any  part 
of  such  metals  or  articles  was  unlawfully  taken  from  it  or 
him,  shall  be  entitled  to  such  part  upon  payment  of  a  proper 
share  of  the  costs  and  the  expenses  of  the  replevy  thereof. 
And  if  any  company  or  its  receivers  replevy  any  property 
under  the  provisions  of  this  section,  without  good  and  rea- 
sonable cause  to  believe  that  the  same  was  unlawfully  taken 
from  some  company  or  its  receiver,  such  company  or  re- 
ceiver shall  be  liable  to  the  party  entitled  thereto  in  any 
sum  not  exceeding  double  the  amount  of  the  value  of  the 
property  so  replevied,  in  addition  to  such  damages  as  such 
party  sustains  thereby. 

Advancing  rates  restricted.  §5457.  (5333.)  1.  The 
various  railroad  corporations  doing  business  within  the 
State  of  Indiana  shall  not,  at  any  time,  increase  or  advance 
their  rate  of  freight  or  charge  for  transportation  asked  or 
charged  by  said  railroad  corporations  at  the  time  such 
freight  is  ofi'ered  or  tendered  to  said  railroad  corporations 
for  transportation. 

(Statutes  1877,  p.  62.  In  force  March  16,  1877.) 
Agents  for  process.  §  5458.  (5334.)  1.  Every  rail- 
road corporation  owning  any  railroad  or  the  franchises 
thereof  created  under  any  law  of  this  State,  and  having  no 
office,  director  or  fixed  place  of  business  in  this  State,  and 
the  vendee,  lessee,  or  other  party  owning,  running,  control- 
ling or  operating  any  railroad  into  or  through  this  State, 
shall  appoint  and  keep  an  agent  in  each  and  every  county 
in  this  State  into  or  through  which  such  railroad  may  run, 
on  whom  process  may  be  served  in  any  action  brought  in 
the  proper  county  against  any  of  the  parties  herein  named, 
the  service  on  whom  shall  be  held  to  be  a  legal  service  on 
the  defendant  the  same  as  if  service  had  been  made  on  the 
president  and  directors  thereof. 

Written  authority.  §5459.  (5335.)  2.  Each  and  every 
party  mentioned  in  the  preceding  shall  file  a  written  in- 
strument in  the  clerk's  ofiice  of  each  and  every  county 
in  this  State,  into  which  or  through  which  said  railroad 
may  run,  under  the  seal  of  such  corporation,  vendee, 
lessee,  or  other  party  owning,  running,  controlling,  or 
operating  any  railroad  into  or  through  this  State,  signed 
by  the  president  and  secretary,  if  any,  authorizing  the 
service  of  such  process,  and  consenting  that  the  service 
thereof  upon  such  agent  shall  be  held  to  be  valid  in  law, 
and  waiving  the  benefit  of  error  on  appeal  by  reason  of 
service  having  been  made  on  such  agent. 

Clerk's  duty.  §  5460.  (5336.)  3.  The  clerk  of  the 
Circuit  Court,  on  receipt  of  the  instrument  in   this  Act 


mentioned,  shall  record  the  same  in  the  order  book  of 
said  court,  and  index  the  same,  for  which  he  shall  be 
entitled  to   a  fee  of   $1. 

Suit  to  compel.  §  5461.  (5337.)  4.  Should  any  party 
contemplated  by  the  requirements  of  this  Act  fail  or 
refuse  to  file  such  written  instrument  for  60  days  from 
the  time  this  Act  shall  be  in  force,  it  shall  be  the  duty 
of  the  prosecuting  attorney  of  every  county  into  or 
through  which  such  railroad  may  run  to  file  an  in- 
formation In  the  name  of  the  State,  on  his  own  relation, 
against  the  defaulting  parties  herein  named,  concisely 
and  substantially  setting  forth  such  failure.  On  such  in- 
formation having  been  filed,  the  clerk  shall  make  two 
certified  copies  of  such  information,  under  the  seal  of 
the  court,  to  which  he  shall  attach  a  notice  in  the  na- 
ture of  a  summons,  stating  the  time  and  place  the  infor- 
mation shall  be  called  for  hearing.  The  copies  of  such 
information  shall  be  placed  in  the  hands  of  the  prop<3r 
sheriff,  who  shall  mail  one  of  said  copies,  postage  paid, 
and  directed  to  the  president  and  directors,  in  care  of  the 
secretary  of  such  defaulting  party,  to  the  postoffice  at 
the  place  where  such  party  may  have  his,  her  or  their 
principal  office.  On  the  copy  retained  the  sheriff  shall 
make    his    return    of    service. 

Issue  and  trial.  §  5462.  (5338.)  5.  Every  such  i:i- 
formation  shall  stand  for  issue  and  trial  at  the  first  tern 
after  the  same  shall  have  been  made,  by  mailing  a  copy 
of  such  information  and  summons  15  days  before  the  finit 
day  of  the  term  of  the  court  from  which  such  process 
was  issued. 

Judgment  and  proceedings.  §  5463.  (5339.)  6.  On  the 
hearing  of  the  information,  it  the  court  be  satisfied  froia 
the  evidence  that  the  requirements  of  this  Act  have 
not  been  complied  with,  the  court  shall  order  and  fi'c 
a  reasonable  time  within  which  such  defaulting  part  .• 
shall  file  such  written  instrument  in  the  clerk's  offlc  i 
of  the  county,  with  a  judgment  for  the  costs  of  th ; 
suit,  and  a  docket  fee  of  $10  for  the  fee  of  the  pros(  - 
cuting  attorney;  and  on  failure  to  comply  with  th  i 
order  of  the  court  and  payment  of  costs  and  prosecutin  c 
attorney's  fee  within  the  time  fixed  by  the  court,  th  • 
clerk  shall  issue  a  restraining  order,  under  the  seal  o; 
the  court,  to  the  sheriff  of  the  county,  commanding  hir 
to  take,  seize  and  hold  the  road  within  his  bailiwicl 
until  the  order  of  the  court  shall  have  been  compile 
with,  and  the  sheriff,  by  virtue  of  the  said  writ,  shal ; 
take,  sieze  and  hold  said  road,  and  prevent  the  us  ■ 
thereof  for  railroad  purposes,  until  the  order  of  th  • 
court    shall   have   been   complied    with. 

(1879,   p.   46.    In   force   March   8,   1879.) 

Petition  for  township.     §5464.     (5340.)     1.     Wheneve 
a    petition   shall   he   presented    to    the    board    of   commis 
sioners   of   any   county   in   this    State,   at   any   regular   o  ■ 
special   session   thereof,   signed  by  25   freeholders  of  an; 
township  of  such  county,  asking  such  township   to  mak' 
an  appropriation   of   money   to   aid   the  railroad   compan. 
named   in   such   petition,   and   then   duly   organized   unde  ■ 
the   laws   of   this   State,   in  constructing  a  railroad   in  o  ■ 
through   such   township,  or   to   aid   any   railroad   compan: 
having  its  road  already  constructed  into  or  through  sucl 
township,  in  the  reconstruction  of  the  same,  by  changinr 
or   completing   the   change  of   gauge   of   its   line   of  road 
or  otherwise,   by   taking   stock   in  or  donating   money   ti> 
such   company,   whenever  such  township   may   have   here- 
tofore voted  aid  for  the  construction  of  such  road  to  thr 
company    named    in    the    petition    or    its    predecessors 
provided,   it   shall   be   first   ascertained   by   said   board  o' 
commissioners    that    the     reconstruction    of     such     road, 
changing    its    gauge,    or    otherwise    improving    the    same, 
as  contemplated  in  said  petition,  will  be  of  public  utilitr 
and   benefit   to   the   citizens   of   the  township   so  petition- 
ing,  to   the   amount   and   upon   the   terms   and   conditions 
as   to    freight,   rates,   location   of   machine   shops,    depots, 
and  such  other  terms  and  conditions  as  may  be  specified 
in   such   petition,   not   exceeding,   however,   2   per   centum 
upon   the   amount   of   taxable   property   of   such   townshii> 
on    the    tax    duplicate   of    the    county,    delivered    to    tho 
treasurer  of  the   county   for  the   preceding  year,   it  shall 
be  the  duty  of  such  board  of  commissioners,  after  beini; 
satisfied   that   such   petition  has   been   properly  signed  by 
the    requisite    number   of    freeholders    of   such    township, 
as   aforesaid,   to   cause   the  same   to   be   entered   at  full 
length   upon   their   records.      (As   amended,   Acts   1889,   p. 


Public  Service  Laavs 


485 


82).     Cities  aiding  railroad  companies  by  subscribing  for 
stoclc,   §§   5513-5518. 

Aid  to  street  and  interurban  roads,  i  5465.  This  sec- 
tion enumerates  various  railway  aid  statutes  and  pro- 
vides that  the  word  railroad  therein  "shall  be  extended 
to  and  shall  be  held  to  indicate  every  kind  of  street 
railroad,  suburban  street  railroad,  or  interurban  street 
railroad,  whether  its  lines  of  railroad  are  to  be  main- 
tained either  at  the  surface,  or  above  or  below  the  sur- 
face of  the  earth,  and  by  whatever  power  its  vehicles 
are  to  be  and  are  transported." 

(1875  S.,  p.  70.  In  force  August  24  1875.) 
Limit  of  aid.  §  5477.  (5352.)  13.  No  township  shall 
be  authorized  by  the  provisions  of  this  Act  to  appropri- 
ate to  railroad  purposes,  or  to  raise  by  taxation  for  such 
purpose,  to  exceed  2  per  centum  upon  the  taxables  of 
such  township,  as  said  taxables  shall  appear  upon  the 
tax  duplicate  of  the  county,  in  any  one  period  of  two 
years. 

(1879,  p.  46.  In  force  March  8,  1879.) 
Stock  or  donation— Contract.  §  5478.  (5353.)  14.  Said 
board  of  commissioners  may,  after  the  assessment  herein 
provided  for,  or  any  part  thereof,  shall  have  been  col- 
lected, take  stock  in  such  railroad  company,  from  time 
to  time,  in  the  name  of  the  proper  township,  and  pay 
therefor  when  the  same  is  taken  out  of  the  moneys  so 
collected,  as  aforesaid;  or  they  may  donate  such  moneys 
to  said  company  for  the  purpose  of  aiding  in  the  con- 
struction of  such  railroad,  and  pay  the  same  over,  from 
time  to  time,  as  the  work  progresses,  as  hereinafter 
provided;  provided,  that  in  taking  such  stock  or  making 
such  donations,  the  board  of  commissioners  shall  make 
a  contract  with  such  railroad  company,  as  to  freight 
rates,  location  of  machine  shops,  depots  and  such  terms 
as  may  have  been  specified  and  set  forth  in  the  peti- 
tion upon  which  such  moneys  were  voted;  and  when 
said  contract  is  so  made,  tlie  board  of  commissioners 
shall  cause  the  same  to  be  spread  of  record  in  the 
auditor's  office  of  such  county;  and  when  said  contract 
is  so  made,  the  township  trustees  of  such  township,  or 
any  resident  taxpayer  thereof,  is  hereby  empowered  to 
bring  suit,  in  the  name  of  such  township,  in  any  court 
of  competent  jurisdiction,  to  enforce  the  terms  and  con- 
ditions  thereof. 

(1869  S.,  p.  92.  In  force  May  12,  1869.) 
Board  may  advance.  §  5479.  (5354.)  15.  If,  after  the 
special  tax  shall  have  been  levied  aa  provided  for  in 
§  12  of  this  Act  (§  4056),  and  before  it  has  been  col- 
lected, the  railroad  company  shall  have  so  far  completed 
the  road  to  be  aided  as  to  be  entitled  to  the  money  which 
the  board  of  commissioners  is  authorized  to  donate,  the 
same  may  be  paid,  on  the  order  of  the  board,  out  of 
any  moneys  in  the  county  treasury  not  otherwise  appro- 
priated, to  be  refunded  to  the  county  when  such  special 
tax  shall  have  been  collected. 

Restrictions.  §5480.  (5355.)  16.  No  donations  of 
money  shall  be  made  to  any  railroad  company  by  such 
board  of  county  commissioners  until  the  railroad  to  be 
constructed  shall  have  been  permanently  located,  and 
work  thereon  done  and  paid  for  by  the  company  equal 
to  the  amount  of  the  donation  then  made;  nor  shall  to 
exceed  50  per  cent  of  the  money  voted  to  be  appropriated 
to  such  railroad  company  be  donated  and  paid  over  to 
the  company  until  the  iron  is  laid  upon  the  road  and  a 
train  of  cars  shall  have  passed  over  the  entire  length 
thereof  in  such  county  or  township,  as  the  case  may  be. 

(1875  S.,  p.  70.  In  forec  August  24,  1875.) 
Rights  of  railroad  company.  §  5481.  (5356.)  17.  After 
the  money  authorized  by  this  Act  to  be  appropriated 
shall  have  been  levied  and  collected  as  aforesaid,  and 
the  subscription  shall  have  been  made  on  behalf  of  the 
township,  the  railroad  company  for  whose  aid  the  same 
shall  have  been  levied  and  collected,  having  fully  con- 
structed the  railroad  contemplated  in  said  petition,  so 
that  trains  of  cars  shall  pass  over  the  same,  shall  have 
the  right  to  demand  and  have  said  money  paid  over 
according  to  the  intent  and  meaning  of  this  Act;  and  any 
one  of  said  petitioners,  or  any  taxpayer  of  the  township, 
may  compel  the  same  to  be  done  by  mandate  against  the 
county  commissioners. 


(1869  S.,  p.  92.  In  force  May  12,  1869.) 
Rights,  ichen  forfeited.  §  5482.  (5357.)  18.  A  failure 
on  the  part  of  the  railroad  company  to  commence  work 
upon  the  railroad  in  said  county  within  one  year  from 
the  levying  of  such  special  tax,  or  failing  to  complete 
such  railroad  ready  for  use  within  three  years  from  such 
levying,  shall  forfeit  the  rights  of  such  company  to  such 
donation,  unless  the  county  commissioners,  for  good 
cause  shown,  shall  give  not  to  exceed  one  year's  fur- 
ther time  in  which  to  complete  the  same;  and  the  money 
raised  by  said  special  tax  shall  go  into  the  general 
fund  of  the  county  or  township,  as  the  case  may  be, 
and  be  used  accordingly. 

(Acts  1893,  p.  27.  In  force  February  16,  1893.) 
Forfeiture  of  aid.  §  5483.  (5358.)  1.  That  whenever 
any  tax  has  been  or  may  hereafter  be  levied  and  col- 
lected under  and  pursuant  to  the  provisions  of  an  Act 
entitled  "An  Act  to  authorize  aid  to  the  construction  of 
railroads  by  counties  and  townships  taking  stock  in 
and  making  donations  to  railroad  companies,"  approved 
May  12,  1869,  and  the  Acts  amendatory  thereof  and  sup- 
plemental thereto,  a  failure  on  the  part  of  the  railroad 
company  for  the  benefit  of  which  the  tax  was  or  may 
be  hereafter  levied  and  collected  to  complete  said  rail- 
road for  use  and  in  accordance  with  each  and  every 
condition  upon  which  such  stock  was  or  may  hereafter 
be  subscribed,  or  such  donation  has  been  or  may  here- 
after be  made,  within  five  years  from  the  date  of  such 
levy,  shall  forfeit  all  rights  of  such  railroad  company 
to  such  donation  and  money  collected  for  the  payment 
of  subscription  to  the  stock  of  said  railroad  company, 
and  the  money  so  levied  and  collected  shall  revert  to, 
and  become  the  property  of  the  taxpayers  from  whom 
the  same  was  collected,  in  the  proportion  by  them 
severally  paid. 

Complaint  to  declare  forfeiture.  §  5484.  (5359.)  2. 
Whenever  any  money  has  been  forfeited  under  the  pro- 
visions of  §  1  of  this  Act,  any  taxpayer  who  paid  any 
part  of  such  tax  may  file  his  complaint  in  the  Circuit 
Court  of  the  county  in  which  the  tax  was  collected, 
making  defendants  thereto  the  railroad  company  for  the 
benefit  of  which  the  tax  was  levied  and  collected,  or 
its  assigns,  if  any,  and  the  treasurer  of  such  county, 
and  such  taxpayer  shall  set  forth  in  his  complaint  par- 
ticularly in  what  such  company  has  failed  to  comply 
with  the  law  and  conditions  upon  which  the  donation 
or  subscription  to  stock  was  made. 

Judgment  of  forfeiture.  §5485.  (5360.)  3.  Upon  due 
proof  made  of  the  failure  of  such  company  to  comply 
with  the  law  or  the  conditions  upon  which  said  donation 
or  subscription  to  stock  was  made,  or  that  the  said 
road  has  not  been  constructed  and  completed  in  ac- 
cordance with  any  and  all  conditions  above  named,  the 
court  shall  adjudge  that  said  railroad  company  has  for- 
feited all  riglit  to  and  interest  In  said  money  levied 
and  collected  as  aforesaid,  and  that  the  several  sums 
paid  by  the  plaintiff  taxpayers  revert  to  them  and  that 
the  same  shall  by  the  treasurer  of  the  county  be  paid 
to  the  plaintiffs,  each  the  amount  he  paid  upon  such 
tax. 

(1879,    p.    46.      In    force    March    8,    1879.) 

Non-liability  of  county  or  township.  §5489.  (5364.)  3. 
No  county  or  township  which  shall  become  the  owner 
or  holder  of  any  stock  in  any  railroad  company  shall, 
in  any  case,  be  liable  for  any  debt  or  claim  for  work, 
labor  or  material  incurred  in  building  such  road,  after 
the  assets  of  the  company  shall  be  exhausted. 

(1872  S.,  p.  49.    In  force  December  14,  1872.) 

Aid  to  roads  in  other  States  by  border  counties,  cities- 
and  toionships.  §  5502.  (5377.)  1.  Any  county  in  thia 
State  bordering  on  the  State  line  or  rivers  forming  State 
boundaries,  and  any  township  therein,  may,  upon  a  vote 
of  the  majority  of  the  legal  voters  thereof,  and  any 
city  in  such  county  may,  upon  petition  of  a  majority  of 
the  resident  freeholders  thereof  to  the  city  council,  sub- 
scribe to  the  capital  stock  of  any  railroad  company  to 
aid  In  the  construction  of  its  road  opjMsIte  such  county 
in  any  other  State  or  to  form  connection  with  other 
railroads  In  such  counties. 

Bonds  by  border  city.  §5503.  (5378.)  2.  Any  city  In- 
corporated under  the  general  laws  of  this  S'tate,  and 
situate    in   any   county   bordering   on   the    State   line,   or 


486 


National  Association  of  Railway  Commissioners 


river  forming  tiie  State  boundary,  may  issue  the  bonds 
of  such  city,  running  for  a  period  of  time  not  exceeding 
20  years,  and  bearing  an  annual  interest  not  exceeding 
8  per  cent,  in  liquidation  of  all  subscriptions  to  the  capi- 
tal stock  of  any  railroad  made  under  the  provisions  of 
this  Act. 

Petition  to  city.  §5513.  (5388.)  12.  Whenever  a  pe- 
tition shall  be  presented  to  the  city  council  of  any  city 
Incorporated  under  the  general  laws  of  this  State,  and 
situate  in  any  county  bordering  on  the  State  line,  or  any 
river  forming  the  State  boundary,  signed  by  a  majority 
of  the  resident  freeholders  of  such  city,  asking  said 
council  to  make  an  appropriation  of  money  (stating  the 
amount)  to  aid  a  railroad  company  therein  named,  and 
coming  under  the  provisions  of  the  first  section  of  this 
Act  (§  4077)  by  subscribing  to  the  capital  stock  of  such 
company  to  aid  in  constructing  a  railroad  from  an  ad- 
joining State  to  such  city,  or  to  the  State  line,  or  to  a 
river  forming  the  State  boundary  bordering  the  county 
in  which  such  city  is  situated,  or  to  connect  with  any 
other  railroad  in  said  city  or  near  the  corporate  limits 
of  such  city,  it  shall  be  the  duty  of  such  council,  after 
being  satisfied  that  such  petition  has  been  properly 
signed  by  the  requisite  number  of  resident  freeholders 
of  such  city,  to  cause  the  same  to  be  entered  at  full 
length  upon  its  records. 

Duty  of  council.  §5514.  (5389.)  13.  Such  city  coun- 
cil shall  take  said  petition  under  advisement,  and  there- 
upon make  an  order  directing  the  mayor  of  such  city 
to  subscribe  to  the  capital  stock  of  such  railroad  com- 
pany, in  the  proper  corporate  name  of  such  city,  the 
amount  specified  in  such  petition  for  the  purposes  afore- 
said; which  subscription  shall  be  made  upon  and  sub- 
ject to  such  provisions  and  conditions  as  a  majority  of 
such  city  council  and  mayor  may  deem  necessary  to 
protect  the  best  interests  of  such  city. 

Bonds.  §  5515.  (5390.)  14.  It  shall  be  the  duty  of 
such  city  council  to  issue  the  bonds  of  such  city  (as 
provided  for  in  §5  of  this  Act)  (§4081),  to  an  amount 
suflicient  to  liquidate  said  subscription  to  the  capital 
stock  of  such  railroad  company  aforesaid,  and  to  pay 
the  same,  or  the  proceeds  thereof,  in  puch  liquidation, 
from  time  to  time,  as  the  work  upon  such  railroad 
progresses  or  the  conditions  of  such  subscription  to 
the  capital   stock  thereof  require. 

Interest — thinking  fund.  §  5516.  (5391.)  15.  Such 
city  council  shall  provide  for  the  payment  of  the  annual 
interest  of  such  bonds,  and  also  provide  a  sinking  fund 
for  the  payment  of  the  principal  thereof  at  maturity,  by 
levying  a  special  tax  therefor  upon  the  real  and  personal 
property  in  such  city  subject  to  taxation  for  State, 
county  and  municipal  purposes;  which  tax  shall  be 
placed  upon  the  tax  duplicate  of  such  city,  and  collected 
as  other  taxes  are  collected  for  city  purposes. 

Payment  of  aid.  §  5517.  (5352.)  16.  After  the  money 
authorized  by  this  Act  to  be  subscribed  and  appropriated 
shall  have  been  levied  and  collected,  or  city  bonds  issued 
as  aforesaid,  the  railroad  company  for  whose  aid  the 
same  shall  have  been  levied  and  collected  or  city  bonds 
so  issued,  having  fully  done,  performed  and  complied 
with  all  the  provisions  and  conditions  upon  which  such 
subscriptions  were  made  and  connected  therewith  in 
good  faith,  shall  be  entitled  to  demand  and  have  a  full 
compliance  with  the  terms  of  such  subscriptions  upon 
the  part  of  such  counties,  townships  or  cities,  as  the  case 
may  be,  to  the  full  intent  and  meaning  of  this  Act;  and 
such  railroad  company  or  any  one  of  said  petitioners, 
of  any  taxpayer  of  such  county,  township-  or  city,  as 
the  case  may  be,  may  compel  the  same  to  be  done  by 
mandate  against  such  county,  township  or  city. 

Election  expenses.  §5518.  (5393.)  17.  The  officers 
conducting  the  election  provided  for  in  this  Act  shall  be 
allowed  the  same  pay  as  is  allowed  for  like  service  in 
general  elections.  Should  the  election  result  in  favor 
of  a  railroad  appropriation,  the  expenses  of  the  elec- 
tion, after  being  paid  by  the  county,  township,  or  city, 
as  the  case  may  be,  shall  be  charged  against  the  railroad 
company  benefited,  and  deducted  out  of  the  first  moneys 
collected   by   virtue  of  the   appropriation. 

(1877,   p.   111.     In   force   July   2,    1877.) 
Additional  time.    §  5519.     (5394.)     1.    Any  railroad  com- 
pany now  organized  under  the  laws  of  the  State  of  Indi- 


ana, to  which  any  township  has  made  or  may  hereafter 
make  an  appropriation  of  money,  to  aid  such  company 
in  constructing  a  railroad  in  or  through  such  township, 
by  taking  stock  in  or  donating  money  to  such  company, 
shall  have  five  years  from  the  passage  of  this  Act  in 
which  to  complete  such  railroad  for  use,  and,  when  so 
completed,  such  company  shall  be  entitled  to  such  appro- 
priation; provided,  that  this  Act  shall  not  be  so  con- 
strued as  to  entitle  any  company  to  such  appropriation, 
that  has  failed  to  commence  work  upon  its  road  within 
two  years  from  the  levying  of  the  special  tax  for  such 
purpose. 

(1865,  p.  51.  In  force  March  6,  1865.) 
Right  of  way  iy  cities  and  towns.  §5523.  (5398.)  1. 
The  trustees  of  any  town  or  the  common  council  of  any 
city  may  grant  to  any  person,  corporation  or  company 
the  right  and  privilege  to  locate  and  run  a  railroad  track 
through  said  town  or  city,  on  the  streets  or  alleys 
thereof,  for  the  purixise  of  conveying  coal  into  or 
through  said  town  or  city,  under  such  restrictions  and 
regulations  as  the  trustees  or  common  council  may 
quire. 

Grades  at  crossings,  clause  49,   §  8645. 


I 


(Acts  1889,  p.  323.  In  force  March  9,  1889.) 
Sale  of  rolling  stock,  vendor's  lien.  §5526.  (5401.) 
That  in  any  written  contract  of  or  for  the  sale  of  rail- 
road equipment  or  rolling  stock,  deliverable  imm<!di- 
ately  or  subsequently  at  stipulated  periods,  by  the  teims 
of  which  the  purchase  money,  in  whole  or  in  part,  is  to 
be  paid  in  the  future,  it  may  be  agreed  that  the  t  tie 
to  the  property  so  sold  shall  not  pass  to  or  vest  in  he 
vendee  until  the  purchase  money  shall  have  been  fi  Uy 
paid,  or  that  the  vendor  shall  have  and  retain  a  1  en 
thereon  for  the  unpaid  purchase  money,  notwithstand  ng 
delivery  thereof  to  and  possession  by  the  vendee ;  i  ro- 
vided,  that  the  terms  of  credit  for  the  payment  of  he 
purchase  money  shall  not  exceed  10  years  for  the  exe- 
cution of  the  contract.  .  _^ 
Liens  for  constructing  railroads,  §§  8305,  8307.  j  ■ 
Conditional  sale.  §5527.  (5402.)  2.  In  any  wrlt^ 
contract  tor  the  leasing  or  renting  of  railroad  eqi  ip- 
ment  or  rolling  stock  it  shall  be  lawful  to  stipulate  or 
a  conditional  sale  thereof  at  the  termination  of  s\  ch 
lease,  and  to  stipulate  that  the  rental  received  may,  as 
paid  or  when  paid  in  full,  be  applied  and  treated  aa 
purchase  money,  and  that  the  title  to  such  property  si  all 
not  vest  in  such  lessee  or  vendee  until  the  purch^  se 
money  shall  have  been  paid  in  full,  notwithstand  ng 
delivery  to  and  possession  by  such  lessee  or  vend  ;e, 
subject,  however,  to  the  proviso  contained  in  §  1  of  t  lia 
Act. 

When  valid.  §5528.  (5403.)  3.  Every  such  contr  ict 
specified  in  §§  1  and  2  shall  be  good,  valid  and  effecti  al, 
both  in  law  and  equity,  against  all  purchasers  and  cr(  tii- 
tors;  provided,  first,  the  same  shall  be  acknowledged  by 
the  vendees  or  lessees  before  some  officer  author!;  ed 
to  take  acknowledgment  of  deeds;  second,  such  in- 
strument shall  be  recorded  within  60  days  after  its  e  te- 
cution  in  the  office  of  the  secretary  of  State  in  Indi  m- 
apolis,  Indiana,  and  when  so  recorded  in  the  office  of  he 
secretary  of  State,  shall  be  valid  and  binding  so  far  as 
all  property  covered  by  the  same  is  concerned,  no  n  at- 
ter  in  what  part  or  portion  of  the  State  the  same  n  ay 
be  at  any  time;  third,  each  locomotive  engine  or  car  so 
sold  or  contracted  to  be  sold  or  leased  as  aforesi  id, 
shall  have  the  name  of  the  vendor  or  lessor  plai  ily 
placed  or  marked  on  each  side  thereof,  or  be  otherwise 
marked  so  as  to  indicate  the  ownership  thereof,  i  nd 
when  the  vendor  is  a  citizen  of  Indiana  then,  in  a(  dl- 
tion  to  the  recording  hereinbefore  required,  the  vemior 
shall  record  in  the  county  where  the  vendor  lives.  (  As 
amended.  Acts  1893,  p.  297.) 

Prior  contracts.  §5529.  (5404.)  4.  This  Act  si  nil 
not  be  held  to  apply  to  or  invalidate  any  contract  ht  re- 
tofore  made  of  the  character  described  in  the  first  or 
second  sections,  but  the  same  shall  be  and  remain  valid, 
if  already  acknowledged  and  recorded  as  herein  iro- 
vided,  or  if  acknowledged  and  recorded  as  herein  pro- 
vided within  six  months  from  the  passage  of  this  Act. 

Acknowledgments.  §5530.  (5405.)  5.  The  acknowl- 
edgments of  such  contracts  may  be  made  in  the  form 
required  as  to  conveyances  of  real  estate. 


I 


Public  Service  Laws 


487 


(Acts  1903,  p.  233.     In  force  March  9,  1903.) 

Railway  aid  statutes  made  applicable  to  street,  suburban 
and  interurban  roads.  §5465.  (5340a.)  1.  That  wher- 
ever the  word  "railroad"  occurs  in  either  section  of  the 
Act  entitled  "An  Act  to  authorize  aid  to  the  construc- 
tion of  railroads  by  counties  and  townships  taking  stock 
in,  and  making  donations  to,  railroad  companies,"  ap- 
proved May  12,  1869.  And,  an  Act  entitled  "An  Act 
supplemental  to  'An  Act  to  authorize  aid  to  the  construc- 
tion of  railroads  by  counties  and  townships  taking  stock 
in  and  making  donations  to  railroad  companies,'  approved 
May  12,  1869,"  approved  December  24,  1872.  And,  an 
Act  entitled  "An  Act  supplemental  to  'An  Act  to  author- 
ize aid  to  the  construction  of  railroads  by  counties  and 
townships  taking  stock  in,  and  making  donations  to, 
railroad  companies,'  approved  May  12,  1869,"  approved 
January  30,  1873.  And  an  Act  entitled  "An  Act  to 
amend  the  first,  second,  third,  fourth,  eighth,  thirteenth 
and  seventeenth  sections  of  an  Act  entitled  'An  Act  to 
authorize  aid  to  the  construction  of  railroads  by  counties 
and  townships  taking  stock  in,  and  making  donations 
to,  railroad  companies,'  approved  May  12,  1869,"  approved 
March  17,  1875.  And  an  Act  entitled  "An  Act  extending 
the  time  for  the  completion  of  all  railroads  in  all  cases 
where  townships  have  made,  or  may  hereafter  make, 
an  appropriation  of  money  to  aid  any  railroad  company 
in  constructing  its  road,"  approved  March  7,  1877.  And, 
an  Act  entitled  "An  Act  to  amend  the  first  and  four- 
teenth sections  of  an  Act  entitled  'An  Act  to  authorize 
aid  to  the  construction  of  railroads  by  counties  and 
townships  taking  stock  in,  and  making  donations  to, 
railroad  companies,'  approved  May  12,  1869,"  and  amend- 
ed by  an  Act  entitled,  "An  Act  to  amend  the  first,  sec- 
ond, third,  fourth,  eighth,  thirteenth  and  seventeenth 
sections  of  an  Act  entitled  'An  Act  to  authorize  aid  to 
the  construction  of  railroads  by  counties  and  townships 
taking  stock  in,  and  making  donations  to,  railroad  com- 
panies,' approved  March  17,  1875,  and  declaring  an 
emergency,"  approved  March  8,  1879.  And  an  Act  en- 
titled "An  Act  to  amend  §  1  (being  §  4045  of  the  re- 
vised statutes  of  Indiana  of  1881)  of  an  Act  entitled  'An 
Act  to  amend  the  first  and  fourteenth  sections  of  an 
Act  entitled  "An  Act  to  authorize  aid  to  the  construc- 
tion of  railroads  by  counties  and  townships  taking  stock 
In,  and  making  donations  to,  railroad  companies,"  ap- 
proved May  12,  1869,'  and  amended  by  an  Act  entitled 
'An  Act  to  amend  the  first,  second,  third,  fourth,  eighth, 
thirteenth  and  seventeenth  sections  of  an  Act  entitled 
"An  Act  to  authorize  aid  to  the  construction  of  railroads 
by  counties  and  townships  taking  stock  in,  and  making 
donations  to,  railroad  companies,"  approved  March  17, 
1875,  and  declaring  an  emergency,'  approved  March  8, 
1879,  and  declaring  an  emergency,"  approved  March  2, 
1889.  And  an  Act  entitled  "An  Act  providing  for  the 
forfeiture  and  repayment  of  moneys  raised  by  taxation 
for  the  purpose  of  donation  to  railroad  companies,  and 
for  paying  for  stock  subscribed  for  in  railroad  companies 
by  counties  and  townships,  pursuant  to  the  provisions  of 
an  Act  entitled,  'An  Act  to  authorize  aid  to  the  con- 
struction of  railroads  by  counties  and  townships  taking 
stock  in,  and  making  donations  to,  railroad  companies,' 
approved  May  12,  1869,  and  Acts  amendatory  thereof  and 
supplemental  thereto  (see  §4062,  R.  D.  1881),"  approved 
February  16,  1893.  And  an  Act  entitled  "An  act  to  en- 
able counties  bordering  on  the  State  lines  or  rivers, 
forming  State  boundaries,  and  townships  and  cities 
therein,  to  aid  in  the  construction  of  railroads  opposite 
such  counties,  or  the  State  line  or  river  forming  the 
State  boundary,  bordering  such  counties,  or  to  form  con- 
nections with  other  railroads  in  such  counties,  and  pre- 
scribing the  duties  of  the  oiRcers  of  such  counties  for 
that  purpose,  and  authorizing  such  cities  to  issue  bonds 
for  such  aid,  and  declaring  an  emergency,"  approved 
December  14,  1872.  And  an  Act  entitled  "An  act  to  re- 
quire railroad  companies  to  issue  stock  paid  for  by  taxes 
voted  in  aid  of  the  construction  of  their  railroads,  to  the 
taxpayers  or  their  assignors,  and  to  issue  unclaimed 
stock  for  the  benefit  of  the  common  school  fund,  and 
declaring  an  emergency,"  approved  December  17,  1872. 
And,  an  Act  entitled  "An  Act  to  amend  an  Act  entitled 
'An  Act  supplemental  to  an  Act  to  authorize  aid  to  the 
construction  of  railroads  by  counties  and  townships  tak- 
ing   stock    In,    and    making    donations    to,    railroad    com- 


panies, approved  May  12,  1869.'  approved  January  30, 
1873,"  approved  March  11,  1875,  it  shall  be  extended  to 
and  held  to  include  every  kind  of  street  railroad,  sub- 
urban street  railroad,  or  interurban  street  railroad, 
whether  its  lines  of  railroad  are  to  be  maintained  either 
at  the  surface,  or  above  or  below  the  surface  of  the 
earth,  and  by  whatever  power  its  vehicles  are  to  be 
and   are  transported. 

PENAL  STATUTES. 

VUmbing  on  moving  trains.  §  2670.  (2349.)  Whoever, 
not  being  a  passenger  or  employe,  either  climbs,  jumps 
or  steps  upon,  swings  upon,  or  attaches  himself  to,  or 
steps,  jumps  or  swings  upon  any  locomotive  engine  or 
car,  street  car  or  interurban  car,  while  the  same  is  in 
motion,  shall,  on  conviction,  be  fined  not  more  than  $3. 

Highway — Obstructing  with  cars.  §2671.  (2350.)  666. 
Whoever,  being  a  conductor  or  other  person  having 
charge  of,  or  running  a  railroad  train,  carrying  or  used 
for  carrying  freight,  permits  or  suffers  the  same  or  any 
car  or  locomotive  engine  composing  the  same  to  remain 
standing  across  any  public  highway,  street,  alley  or  farm 
crossing  or  who,  whenever  it  becomes  necessary  to 
stop  such  train  across  any  public  highway,  street,  alley, 
or  farm  crossing,  fails  or  neglects  to  leave  a  space  of 
60  feet  across  such  public  highway,  street,  alley  or  farm 
crossing,  shall  be  fined  not  more  than  $20  nor  less  than  $3. 

Obstructing  highway.  §  2672.  (2297.)  260.  Whoever, 
being  the  conductor  of  any  passenger  train,  allows  the 
same  to  remain  standing  across  any  public  highway  or 
street,  to  the  hindrance  of  travel,  for  a  longer  time 
than  15  minutes,  shall  be  fined  in  any  sum  not  more 
than  $50  nor  less  than  $5. 

(Acts  1905,  page  584.     In  force  April  15,  1905.) 

Passenger  car  without  tools.  %2&1Z.  (2351.)  667.  Who- 
ever shall,  either  as  a  conductor  or  engineer,  assist  in 
the  running  of  any  passenger  cars  over  any  railroad  in 
this  State,  which  have  not  been  provided  with  an  ax, 
sledge  hammer,  saw  and  bucket,  placed  in  some  con- 
venient and  conspicuous  place  in  each  such  passenger 
car,  shall,  on  conviction,  be  fined  not  less  than  $10,  nor 
more  than  $100,  and  in  such  case  such  railroad  company 
employing  such  officer  or  employe  shall  be  liable  to  the 
same  penalty  as  such  employe. 

Railroad  crossings  — ■  Steam  or  electric  — •  Stops.  §  2674. 
(2352.)  668.  Whoever,  being  the  engineer  of  any  loco- 
motive or  the  motorman  of  any  interurban  electric  car 
running  upon  any  railroad  track,  upon  or  over  which 
passengers  are,  or  may  be  transix)rted,  runs  such  loco- 
motive or  interurban  electric  car  across  or  upon  the 
track  of  any  other  railroad  or  interurban  railroad  at  a 
place  where  no  system  of  interlocking  works  or  fixtures 
is  maintained  as  provided  by  the  laws  of  this  State, 
without  first  coming  to  a  full  stop  before  entering  upon 
or  crossing  such  other  track,  and  without  first  ascer- 
taining that  there  is  no  other  train,  locomotive  or  car 
in  sight,  approaching  and  about  to  pass,  over  such  other 
track;  or  whoever,  being  such  engineer  or  motorman, 
runs  such  locomotive  or  interurban  electric  car  upon  or 
across  such  track  when  a  locomotive  or  car  is  in  sight, 
approaching  and  about  to  pass  upon  and  over  such 
crossing  or  such  other  track,  shall,  on  conviction,  be  fined 
not  less  than  $100,  nor  more  than  $1,000,  and  be  im- 
prisoned in  the  county  jail  not  less  than  three  months 
nor  more  than  one  year,  and  if  any  person  shall  be 
injured  or  killed  by  reason  of  such  crossing,  such  engi- 
neer or  motorman  so  violating  the  provisions  of  this  sec- 
tion shall  be  imprisoned  in  the  State  prison. 

Deceiving  engineer  or  motorman.  %  2675.  (2353.)  669. 
Whoever  shall  falsely  report  to  the  engineer  or  any 
locomotive  or  motorman  of  any  interurban  or  electric 
car  running  upon  any  railroad  track,  upon  and  over 
which  passengers  are  or  may  be  transported,  but  there 
is  no  train  or  locomotive  upon  the  track  of  any  other 
railroad  or  interurban  railroad  in  sight,  and  approach- 
ing the  place  where  such  roads  cross,  or  upon  such 
crossing;  or  whoever,  being  the  conductor  of  any  train 
or  interurban  or  electric  car,  orders  and  directs  the  en- 
gineer or  motorman  to  violate  the  provisions  of  the  pre- 
ceding section;  or  whoever,  being  a  brakeman  of  any 
train  of  cars,  by  reason  of  his  gross  carelessness  or 
wilful   neglect  of   duty,   causes   such  train  or  locomotive 


488 


National  Association  of  Railway  Commissioners 


or  such  interurban  or  electric  car  to  run  across  or  upon 
such  crossing,  shall,  on  conviction,  be  fined  not  less  than 
$100  nor  more  than  $1,000,  and  imprisoned  In  the  county 
jail  not  less  than  three  months  nor  more  than  one  year; 
and  if  any  person  shall  be  injured  or  killed  by  reason  of 
the  violation  of  any  of  the  provisions  of  this  section,  the 
person  so  violating  such  provision  or  provisions  shall, 
on  conviction,  be  Imprisoned  in  the  State  prison  not  less 
than  two  years  nor  more  than  14  years. 

Railroad  crossings,  running  upon.  §2676.  (2354.)  670. 
Whoever,  being  an  engineer  or  motorman,  permits  his 
locomotive  or  interurban  or  electric  car  to  run  upon  or 
across  the  track  of  any  other  railroad  or  interurban 
railroad  at  a  crossing  not  provided  with  a  system  of 
interlocking  works  or  fixtures,  before  the  locomotive  or 
train  coming  upon  the  other  track  shall  have  passed 
over  such  crossing,  if  the  locomotive  or  train  on  the 
other  track  shall  arrive  at  the  crossing  first,  shall,  on 
conviction,  be  fined  not  less  than  $100,  nor  more  than 
$1,000,  and  imprisoned  in  the  county  jail  not  less  than 
three  months  nor  more  than  one  year;  and  if  any  person 
be  killed  or  injured  by  reason  of  the  violation  of  any 
provision  of  this  section,  the  person  so  violating  such 
provision  shall,  on  conviction,  be  imprisoned  in  the  State 
prison  not  less  than  two  years  nor  more  than  14  years. 

Railroad  crossing,  stopping  cars  on.  §2677.  (2355.) 
671.  Whoever,  being  the  engineer,  conductor,  motorman 
or  other  person  having  charge  of  any  railroad  train  or 
locomotive  or  any  interurban  or  electric  car,  permits  or 
suffers  the  same  to  be  stopped  or  remain  stationary  upon 
any  railroad  or  interurban  railroad  crossing,  unless  the 
same  be  done,  by  united  agreement  and  under  specific 
regulations  adopted  by  the  directors  of  such  crossing 
railroads,  shall,  on  conviction,  be  fined  not  less  than 
$100  nor  more  than  $1,000,  and  imprisoned  in  the  county 
jail  not  less  than  three  months  nor  more  than  one  year; 
and  if  any  person  be  injured  or  killed  by  reason  of  the 
violation  of  any  provision  of  this  section,  the  person  so 
violating  such  provision  shall,  on  conviction,  be  impris- 
oned in  the  State  prison  not  less  than  two  years  nor  more 
than  14  years. 

Suffering  cars  to  he  locked.  §  2678.  (2356.)  672.  Who- 
ever, being  the  superintendent,  officer,  agent  or  employe 
of  any  company  engaged  in  transporting  passengers, 
suffers  or  permits  any  of  its  cars,  containing  any  passen- 
ger, to  be  locked,  whether  the  same  is  running  or  stand- 
ing; or  whoever  locks  or  fastens  the  door  or  doors  of 
any  such  car  so  that  the  same  cannot  be  easily  opened 
by  such  passenger;  or  whoever  directs  or  orders  the 
locking  or  fastening  of  any  such  car  door,  shall,  on  con- 
viction,  be  fined  not  less  than   $5   nor  more   than   $500. 

Signals  for  crossings.  §2679.  (2357.)  673.  Whoever, 
having  charge  of  a  locomotive  engine,  or  interurban  elec- 
tric car,  fails  or  neglects  when  such  engine  or  car  is 
approaching  any  road  crossing  to  sound  the  whistle  or, 
it  not  equipped  with  whistle,  the  gong,  at  a  distance 
of  not  more  than  100  nor  less  than  80  rods  from  the 
crossing,  shall,  on  conviction,  be  fined  not  less  than  $10 
nor  more  than  $50;  and  if  any  person  is  injured  or  killed 
by  reason  of  such  failure  or  neglect,  the  person  so  caus- 
ing such  injuries  shall,  on  conviction,  be  imprisoned 
In  the  State  prison  not  less  than  two  years  nor  more 
than  14  years;  but  nothing  contained  in  this  section  or 
the  preceding  seven  sections  shall  be  so  construed  as 
to  interfere  with  any  ordinance  or  by-law  that  has  been 
or  may  be  passed  by  any  city  or  town  regulating  the 
management  of  running  of  engines  or  trains  within  such 
city  or  town. 

Railroads — Trainmen — Hours  of  service.  §  2680.  (2358.) 
674.  Any  superintendent,  train  dispatcher,  yardmaster, 
foreman  or  other  railway  official  who  shall  permit,  exact, 
demand  or  require  any  engineer,  motorman,  fireman,  con- 
ductor, brakeman,  switchman,  or  other  employe  engaged 
In  the  movement  of  passenger  or  freight  trains  or  elec- 
tric cars,  or  in  switching  service  in  yards  or  railway 
stations,  to  remain  on  duty  more  than  16  consecutive 
hours,  unless  in  case  of  accident,  wreck  or  other  un- 
avoidable cause,  without  at  least  eight  hours'  rest  and 
relief  from  all  duty  whatever,  shall,  on  conviction,  be 
fined  not  less  than  $20  nor  more  than  $200. 

Railroads,  contributions  from  employes.  §  2681.  (2300.) 
1.     It  shall  be  unlawful  for  any  railroad  company  or  cor- 


poration operating  railroads  in  Indiana  to  exact  from 
its  employes,  without  first  obtaining  written  consent  in 
each  and  every  instance,  any  portion  of  their  wages  for 
the  maintenance  of  any  hospital,  reading  room,  library, 
gymnasium  or  restaurant. 

Penalty.  §2682.  (2301.)  2.  Any  paymaster,  auditor  or 
employe  of  any  company  exacting  from  its  employes  such 
sums  of  money  shall,  upon  conviction  thereof  in  any 
Circuit  Court  having  competent  jurisdiction,  be  fined  not 
less  than  $100  nor  more  than  $500,  as  the  court  may 
decree. 

(Acts  1893,  page  146.     In  force  May  18,  1893.) 

Lahor  organizations  —  Discharging  employes.  §  2683. 
(2302.)  §1.  It  shall  be  unlawful  for  any  Individual  or 
member  of  any  firm,  agent,  officer  or  employe  of  any  com- 
pany or  corporation,  to  prevent  employes  from  forming, 
joining  and  belonging  to  any  lawful  labor  organization,  and 
any  such  individual  member,'  agent,  officer  or  employe,  that 
coerces  or  attempts  to  coerce  employes,  by  discharging 
or  threatening  to  discharge  from  their  employ  or  the 
employ  of  any  firm,  company  or  corporation  because  ot 
their  connection  with  such  lawful  labor  organization, 
and  any  officer  or  employer,  to  exact  a  pledge  from 
workingmen  that  they  will  not  become  members  of  a 
labor  organization  as  a  consideration  of  employment, 
shall  be  guilty  of  a  misdemeanor,  and  upon  convictioii 
thereof  in  any  court  of  competent  jurisdiction  shall  bo 
fined  in  any  sum  not  exceeding  $100.  or  imprisoned  for 
not  more  than  six  months,  or  both,  in  the  discretion  o:' 
the  court.  . 

(1881  S.,  page  174.     In  force  September  19,  1881.)  i 

FOOTBOARDS.  i 

i 

[Approved  March  5,  1909.1 
Be   it   enacted   hy   the  general  assembly  of   the   State  o) 
Indiana: 

Railroads — Switch  engines.  §  1.  That  every  railroi 
engine  used  in  the  State  of  Indiana,  exclusively  for  thi 
purpose  of  switching  cars  in  any  yard  or  in  any  plac< 
used  for  the  purpose  of  making  up  trains  or  switching 
cars  after  January  1,  1910,  shall  be  uniformly  equipped 
with  footboards  on  the  front  and  rear  ends,  which  shall 
be  not  less  than  10  inches  wide  and  not  less  than  IC 
inches  nor  more  than  12  inches  above  the  rails.  Everj 
such  engine  shall  have  headlights  at  both  ends.  Every 
such  engine  shall  be  fitted  with  grabirons  not  less  than  _ 
6  inches  above  the  pilot  beam  on  both  ends  of  tM 
engine.  ^ 

Penalty.  §  2.  That  every  such  common  carrier,  or  the 
receiver  thereof,  using,  or  permitting  to  be  used,  any 
engine  in  violation  of  any  provisions  of  this  Act,  shall 
be  liable  to  a  penalty  of  $100  for  each  violation,  to  he 
recovered  in  a  suit  or  suits  to  be  brought  by  and  in  the 
name  of  the  Railroad  Commission  of  Indiana,  for  the  use 
of  the  State  of  Indiana,  in  any  Circuit  or  Superior  Court 
of  this  State  having  jurisdiction  over  any  such  offend- 
ing carrier. 

Contributory  negligence  defined.  §  3.  That  any  employe 
of  any  railway  company  who  may  be  killed  or  injured  by 
any  engine  in  use  contrary  to  the  provisions  of  this 
Act,  shall  not  be  deemed  thereby  to  have  assumed  the 
risk  thereby  occasioned,  although  continuing  in  the  em- 
ployment of  such  carrier  after  the  unlawful  use  of  such 
engine  had  been  brought  to  his  knowledge,  nor  shall 
any  such  employe  be  held  as  having  contributed  to  his 
injury  In  any  case  where  the  railway  company  shall  have 
violated  any  of  the  provisions  of  this  Act  when  such 
violation  contributed  to  the  death  or  injury  of  any  such 
employe,  when  the  failure  to  comply  with  the  provisions 
of  this  Act  was  the  proximate  cause  of  such  injury. 

LEASES  AND  OPERATING  CONTRACTS. 

[Approved  March  3,  1909.] 
Be  it  enacted  by  the  general  assembly  of  the  State 
Indiana : 
Railroads  —  Street  and  interurban  —  Connections. 
That  railroads  under  process  of  construction,  but  not 
completed,  and  which  have  been  incorporated  or  organ- 
ized by  virtue  of  chapter  42  of  Burns'  Revised  Statutes 
of  1908,  commonly  known  as  the  general  railroad  Act, 
shall  have  the  power  to  make  leases  and  operating  agree- 
ments with  electric  street  or  interurban  street  railroads 


i 


Public  Service  Laws 


489 


now  or  hereafter  incorporated  under  the  laws  of  the 
State  of  Indiana,  and  when  such  leases  and  operating 
agreements  have  been  entered  into,  to  make  physical 
connection  with  each  other  and  to  be  operated  by  elec- 
tricity either  jointly  or  otherwise  and  shall  have  all 
the  rights  and  privileges  accorded  to  street  and  electric 
railways  and  shall  have  the  right  for  the  interchange  of 
traffic  so  as  to  make  one  continuous  line. 

§  2.  That  such  leases  and  operating  agreements  shall 
become  effective  only  on  a  majority  vote  of  the  board 
of  directors  of  such  company  or  companies  at  a  regular 
or  special  meeting  of  such  board  of  directors  by  a  reso- 
lution duly  passed  at  such  meeting  approving  of  such 
leases  and  operating  agreements,  which  resolution  of 
the  board  of  directors  shall  be  approved  by  a  majority 
of  the  stockholders  of  the  respective  companies,  either 
at  a  regular  or  special  meeting  of  such  stockholders. 
Such  leases  and  operating  agreements  when  so  concurred 
In  shall  be  valid  and  binding  on  the  entering  into  the 
same;  provided,  that  nothing  in  this  Act  shall  be  (so) 
construed  as  to  permit  any  railroad  or  street  railway 
organized  and  incorporated  under  any  laws  of  the  State 
of  Indiana  to  enter  into  any  contract,  lease  or  operating 
agreement  with  a  then  competing  line  of  railway  or  enter 
into  any  agreement,  lease  or  contract  by  which  there 
shall  be  an  abandonment  of  a  portion  or  the  whole  of 
any  roadbed  of  either  company. 

Emergency.  §  3.  Whereas,  an  emergency  exists  for  the 
Immediate  taking  effect  of  this  Act,  it  shall  be  in  full 
force  and  effect  on  and  after  its  passage. 

CONNECTION    BETWEEN    STREET    AND    OTHER    RAILROADS. 

[Approved  March  3,  1909.] 
Be  it   enacted   by   the  general   assembly  of   the  State   of 
Indiana: 

Railroads  —  Street  and  interurban  —  Connections.  §  1. 
That  railroads  undes  process  of  construction,  but  not 
completed,  and  which  have  been  incorporated  or  organ- 
ized by  virtue  of  chapter  42  of  Burns'  Revised  Statutes 
of  1908,  commonly  known  as  the  general  railroad  Act, 
shall  have  the  power  to  make  leases  and  operating 
agreements  with  electric  street  or  interurban  street  rail- 
roads now  or  hereafter  incorporated  under  the  laws  of 
the  State  of  Indiana,  and  when  such  leases  and  operating 
agreements  have  been  entered  into  to  make  physical 
connection  with  each  other  and  to  be  operated  by  elec- 
tricity either  jointly  or  otherwise  and  shall  have  all 
the  rights  and  privileges  accorded  to  street  and  electric 
railways  and  shall  have  the  right  for  the  interchange  of 
traffic   so  as  to  make  one  continuous  trip. 

Lease — Operating  agreements.  §  2.  That  such  leases 
and  operating  agreements  shall  become  eifective  only  on 
a  majority  vote  of  the  board  of  directors  of  such  com- 
pany or  companies  at  a  regular  or  special  meeting  of 
such  board  of  directors  by  a  resolution  duly  passed  at 
such  meeting  approving  of  such  leases  and  operating 
agreements,  which  resolution  of  the  board  of  directors 
shall  be  approved  by  a  majority  of  the  stockholders  of 
the  respective  companies,  either  at  a  regular  or  special 
meeting  of  such  stockholders.  Such  leases  and  operating 
agreements  when  so  concurred  in  shall  be  valid  and 
binding  on  the  entering  into  the  same;  provided,  that 
nothing  in  this  Act  shall  be  (so)  construed  as  to  permit 
any  railroad  or  street  railway  organized  and  Incorporated 
under  any  laws  of  the  State  of  Indiana  to  enter  into 
any  contract,  lease  or  operating  agreement  with  a  then 
competing  line  of  railway  or  enter  into  any  agreement, 
lease  or  contract  by  which  there  shall  be  an  abandon- 
ment of  a  portion  of  the  whole  of  any  roadbed  of  either 
company. 

Emergency.  §  3.  Whereas,  an  emergency  exists  for  the 
Immediate  taking  effect  of  this  Act,  it  shall  be  in  full 
force  and  effect  on  and  after  its  passage. 

POWERS   OF  TOWN   TRUSTEES. 
CROSSINGS. 

Chapter  152  of  the  Acts  of  1909,  amending  the  Mu- 
nicipal Corporation  Act,  provides  that  boards  of  town 
trustees    shall   have    the    following   among    other   powers: 

14.  To  require  any  railroad  company  running  a 
car,  engine  or  train  of  cars  over  or  across  any  street 
in  the  night  time  to  maintain  a  street  light  at  such 
crossing,  to  be  lit  at  night  during  the  passage  of  every 


train,    engine   or   car,    and    for   not   less    than    30    minutes 
prior   thereto;    provided,    that   such   board    shall    have   no 
authority   to   require   such   railroad   company   to   maintain 
any    different   kind   of  light   at   such   crossings   from    that 
maintained    by    the    town    at    its    other    street    crossings 
generally.      To    regulate    giving    alarms,    the    ringing    of 
bells   and  the   sounding  of   steam   whistles,  whether   loco- 
motive   or    otherwise,    within    the    town    limits.      To    re- 
quire  persons   or   corporations    owning   or   operating  rail- 
roads   to    construct    the    proper    warning    signs    at   street 
railroad  crossings,  or  any  of  them;  to  require  any  railroad 
company    to    use,    maintain    and    operate    at    any    street 
crossing   of   its    tracks    considered   to    be    dangerous,    and 
held    so   to   be    by   the    board    of    trustees   in    such    town, 
electric   gongs   or  alarm   signals  that  will   announce  the 
approach   of  trains   from   any   direction   required;    and   to 
require    such    corporations    or   persons    operating   or   own- 
ing railroads   to  construct  and  maintain   gates,  with   men 
in   charge,  or  keep   flagmen  at  any  railroad  street  cross- 
ing   or    crossings    within    such    town    limits,    when    such 
crossing    or    crossings    are    deemed    dangerous    and    held 
so  to  be  by  the  board  of  trustees.    But  the  powers  hereby 
conferred  to  require  railroad  companies  to  maintain  and 
operate    electric    gongs    and    alarm    signals,    to    construct 
gates    and    maintain   them,   with    men   in    charge,    and    to 
maintain   flagmen   at  street  crossings,   shall   be   exercised 
in  the  following  manner  and  be  subject    to  the  following 
limitations,    to-wit:      Before    any    railroad    company    shall 
be   required    to    maintain    and    operate    any    such    electric 
gong    or    alarm    signal,    or    to    construct    any    gate    and 
maintain  the  same  with  a  man  in  charge,  or  to  maintain 
a   flagman   at  any   such   crossing,   the   board   of  trustees, 
by    resolution,    shall    designate    the    crossing    where    it 
may  be  desired  that  any  such  protective  means  shall  be 
employed   and  the   character  of  the   same,   and   provided 
therein    when    such     means    shall    be    installed    and    in 
service,   which   shall   not   be   earlier   than   45    days    from 
the   time   notice   of  the   adoption   of   its   resolution   shall 
be   served   on    the   railroad    company,    which    notice    shall 
be   in   the  form   of  a  copy   of  the  resolution    and    of   the 
record  of   its   adoption,   certified   by   the   town   clerk,   and 
served  by  the  delivery  of  the  same  to  the  regular  freight 
agent   of   the   railroad    company   in   the    town.      The    rail- 
road   company   may   appeal    from    such   resolution    to   the 
Railroad    Commission    of    Indiana    by    delivering    to    the 
town  clerk,  or  some  member  of  the  board  of  trustees,  a 
notice  of  appeal  within  10  days  from  the  time  of  service 
of  the  notice  of  the  resolution  on  it,  as  herein  provided, 
which    notice    shall    specify    the    grounds    of    the    appeal, 
and   by   filing  with   such  commissioner   the   notice   of  the 
resolution  served  upon  it,  together  with  a  copy  of  said 
notice   of  appeal,   within  five  days  after  the  delivery  of 
the  notice  of  appeal   to   the  clerk  or  a   member   of   the 
board  of  trustees,  and  the  authority  to  hear  and  flnolly 
determine    said    appeal    is    hereby    conferred    upon    said 
railroad    commission.     The    commission    shall    docket   the 
appeal  at  once  and  shall  send  to  such   town  a   member 
of   the    commission,    who    shall    inspect    the    crossing    or 
crossings   in    controversy    and   report   to   the    commission, 
and    the    commission    shall    determine    the    matter    upon 
the   grounds  stated   in   the  notice   of  appeal,   only,   within 
20    days,    and    enter    upon    its    record    an    order    either 
affirming  or  overruling  such   resolution   of  such   board   of 
trustees    as    the    merits    of    the    case    shall    warrant.      If 
such    railroad    commission    shall    affirm    such    resolution 
of  such  board   of  trustees,  it  shall  make  an  order  requir- 
ing  such    railroad   company   to    carry   out    the    provisions 
of  such   resolution  of   such   board   of  trustees   within   25 
days   after  such   order  of  such   railroad  commission,   and, 
upon   failure   of  any   such  company   within   said  time  to 
comply   with    such    order   in    accordance    with    its    terms, 
such    railroad    company,    for    any    neglect    to    so    comply 
therewith,    shall    be    liable    to    a    penalty    of    $100    and    a 
like   penalty   for  every   10   days   thereafter   during   which 
such   neglect  shall  continue.     Any   such   penalty   or   pen- 
alties may  be  recovered  in  an  action  of  assumpsit  brought 
in   the   name   of   the   State   of   Indiana.     And    it  shall   be 
the  duty  of  the  prosecuting  attorney  of  the  proper  county 
to  bring  any  such  action  at  the  request  of  the  Railroad 
Commission    of   Indiana   or   at   the   request   of   the    board 
of   trustees  of   the   town   which   adopted    such    resolution. 
Where  the  term  "railroad"  or  "railroads"  Is   used,  with- 
out  other   designation,   in   this    subdivision,    it    shall   not 


490 


Natioxal  Association  of  Eailway  Commissioners 


be  considered  to  include  street  railroads,  interurban  rail- 
roads or  suburban  street  railroads;  provided,  that  the 
boards  of  trustees  of  all  towns  in  this  State  having  a 
population  of  less  than  700  inhabitants,  as  shown  by  the 
last  preceding  United  States  census,  are  hereby  pro- 
hibited from  exercising  the  authority  conferred  by  this 
Act  in  any  manner  that  would  require  any  railroad 
company  or  corporation  to  construct  and  maintain  gates 
and  keep  flagmen,  or  to  construct  and  maintain  gates 
and  keep  flagmen  (sic),  at  any  street  or  railway  crossing 
in   said  town. 

LOCOMOTIVE   ASHPAN. 

[Approved  March  6,  1909.] 
Be   it  enacted   by   the  general  assembly   of   the   State  of 
Indiana : 

Railroads — Locomotive  ashpan.  §  1.  That  on  and  after 
the  first  day  of  January,  1910,  it  shall  be  unlawful  for  any 
common  carrier  to  use  or  operate  any  locomotive  or 
any  railroad  in  this  State,  unless  such  locomotive  is 
equipped  with  ashpan  which  can  be  dumped  or  emptied 
and  cleaned  without  the  necessity  of  any  employe  going 
under   such    locomotive. 

Misdemeanor — Penalty.  §  2.  Any  such  common  carrier 
using  or  operating  any  locomotive  in  violation  of  any 
of  the  provisions  of  this  Act  shall  be  deemed  guilty  of 
a  misdemeanor  and,  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  less  than  $200  and  not  more  than 
$400  for  each  and  every  violation  thereof. 

Railroad  commission — Duty.  §  3.  It  shall  be  the  duty 
of  the  railroad  commission  and  prosecuting  attorneys 
of  this  State  to  enforce  the  provisions  of  this  Act. 

"Common  carrier"  defined.  §  4.  The  term  "common 
carrier,"  as  used  in  this  Act,  shall  be  construed  to  mean 
any  person,  firm  or  corporation,  receiver  or  receivers, 
charged  with  the  duty  of  the  management  of  the  busi- 
ness of  a  common  carrier. 

Exceptions.  §  5.  Nothing  in  this  Act  shall  apply  to  any 
locomotive  upon  which,  by  reason  of  the  use  of  oil, 
gasoline,  electricity  or  other  like  agency,  an  ashpan  is 
not  necessary. 

TRAIN  CREWS. 

[Approved  February  26,  1909.] 
Be  it   enacted   by  the  general  assembly   of   the   State   of 
Indiana : 

Railroads — Freight  train  crews.  §  1.  That  It  shall  be 
unlawful  for  any  railroad  company  doing  business  in 
the  State  of  Indiana,  that  operates  more  than  four  freight 
trains  In  every  24  hours,  to  operate  over  its  road,  or 
any  part  thereof,  in  the  State  of  Indiana,  or  suffer  or 
permit  to  be  run  over  its  road  outside  of  the  yard 
limits,  any  freight  train  consisting  of  more  than  50 
freight  or  other  cars,  exclusive  of  caboose  and  engine, 
with  less  than  a  full  freight  train  crew,  consisting  of 
six  persons,  to-wit:  One  conductor,  one  engineer,  one 
fireman,  two  brakemen  and  one  flagman,  and  it  shall  be 
unlawful  for  any  railroad  company  that  operates  more 
than  four  freight  trains  in  every  24  hours  to  run  over 
its  road,  or  any  part  thereof,  in  the  State  of  Indiana, 
outside  of  the  yard  limits,  any  freight  train  consisting 
of  less  than  50  freight  or  other  cars,  exclusive  of  ca- 
boose and  engine,  with  less  than  a  full  freight  train 
crew  for  such  a  train,  consisting  of  five  persons,  to-wit: 
One  conductor,  one  engineer,  one  fireman,  one  brakeman 
and  one  flagman;  provided,  however,  that  a  light  engine 
without  cars  shall  have  the  following  crew,  to-wit:  One 
conductor,  or  flagman,  one  engineer  and  one  fireman. 

Passenger  train  crews.  §  2.  That  It  shall  be  unlawful 
for  any  railroad  company  doing  business  in  the  State  of 
Indiana  to,  run  over  its  road,  or  any  part  of  Its  road,  In 
this  State,  outside  of  yard  limits,  any  passenger,  mail 
or  express  train  consisting  of  five  or  more  cars  with  less 
than  a  full  passenger  crew,  consisting  of  one  engineer, 
one  fireman,  one  conductor,  one  brakeman  and  one 
flagman  (said  brakeman  or  flagman  shall  not  be  required 
to  perform  the  duties  of  baggage  master,  express  mes- 
senger or  porter) ;  that  it  shall  be  unlawful  for  any 
railroad  company  doing  business  in  the  State  of  Indiana 


to  run  over  its  road,  or  any  part  of  its  road,  in  the 
State  of  Indiana,  outside  of  yard  limits,  any  passenger, 
mail  or  express  train  consisting  of  less  than  five  cars 
with  less  than  a  full  passenger  crew,  consisting  of  one 
engineer,  one  fireman,  one  conductor  and  one  brakeman 
(said  brakeman  shall  not  be  required  to  perform  the 
duties   of  baggage   master,   express  messenger   or   porter). 

Flagmen — Experience.  §  3.  All  flagmen  provided  for  in 
this  Act  shall  have  had  at  least  one  year's  experience  in 
train   service. 

Misdemeanor — Penalty.  §  4.  Any  railroad  company  vio- 
lating any  of  the  provisions  of  this  Act  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined 
in  any  sum  not  less  than  $100  nor  more  than  $500  for 
each  offense,  and  such  company  shall  be  liable  for  any 
damages  caused  by  the  violation  of  any  of  the  provisions 
of  this  Act. 

Repeal.  §  5.  All  laws  and  parts  of  laws  in  conflict  with 
this  Act  are  hereby  repealed. 

HEADLIGHTS. 

[Approved  March  6,  1909.] 

Be   it   enacted    by   the   general   assembly   of   the   State   o#iJ 
Indiana:  " 

Railroad  commission — Locomotive  headlights.  §1.  That, 
in  addition  to  the  powers  heretofore  granted  to  the 
Railroad  Commission  of  Indiana  that  said  commission  be, 
and  it  is  hereby,  specially  empowered,  authorized  and 
directed,  as  soon  as  practicable  after  the  passage  ofi 
this  Act,  to  investigate  the  condition  and  efficiency  ol^ 
headlights  now  in  use  on  locomotive  engines  on  the 
railroads  in  this  State,  and.  if  found  to  be  inadequate 
for  the  protection  of  persons  and  property  or  any  other 
purpose,  to  investigate  and  determine  what  would  be 
the  most  practicable  and  efficient  headlight  for  all  pur^  , 
poses,  and  when  the  commission  shall  have  so  deteM 
mined  to  make  and  enforce  against  the  railroad  comJ 
panics  such  order  or  orders  as  may  be  found  to  bfll 
necessary  to  require  the  equipment  and  installation  of 
such  headlights  on  the  locomotives  on  the  railroads  in 
this  State,  and  to  this  end  said  commission  is  givea, 
power  in  such  investigation  to  examine  the  varioua| 
kinds  of  lights  that  may  be  suitable  for  locomotive  head-''  ^ 
lights,  and  appliance  therefor,  to  consult  experts  in  such 
matters  and  to  require  the  attendance  of  witnesses  and, 
the    production   of   papers,   documents    and   appliances.      1 

Emergency.  §  2.  An  emergency  exists  for  the  imme-' 
diate  taking  effect  of  this  Act,  the  same  therefore  shall 
be   in  force  from   and  after  its  passage. 


|l 


mechanic's  lien  act. 

The    Mechanic's    Lien    Act,    approved    March    16,    1909, 
contains  the  following  specifically  referring  to  railroads: 

Lien  of  railroad  contractors.  §  11.  All  persons  who 
shall  perform  work  or  labor  in  the  way  of  grading, 
building  embankments,  making  excavations  for  the  track, 
building  bridges,  trestlework,  works  of  masonry,  fencing 
or  other  structure,  or  who  shall  perform  work  of  any 
kind  in  the  construction  or  repair  of  any  railroad,  or 
part  thereof,  in  this  State,  and  all  persons  who  shall 
furnish  any  material  for  any  such  bridge,  trestlework 
or  masonry,  fence  or  other  structure,  or  who  shall  fur^ 
nish  any  material  for  use  In  the  construction  or  repair 
of  any  railroad,  or  part  thereof,  In  this  State,  whether 
such  work  or  labor  be  performed,  or  such  material 
furnish<!d,  in  the  pursuance  of  a  contract  with  the  rail- 
road corporation  building,  repairing  or  owning  such 
railroad,  or  whether  such  work  or  labor  be  performed 
or  material  furnished  in  pursuance  of  a  contract  with 
any  person,  corporation  or  company  engaged  as  lessee, 
contractor,  subcontractor  or  agent  of  such  railroad  cor- 
poration, In  the  work  of  constructing  or  repairing  an; 
such  railroad,  or  part  thereof,  in  this  State,  may  havi 
a  lien  to  the  extent  of  the  work  or  labor  performed  or 
material  furnished,  or  both,  upon  the  right  of  way  and 
franchises  of  such  railroad  corporation,  within  the  limits 
of  the  county  in  which  such  work  or  labor  may  be  per- 
formed or  material  may  be  furnished,  and  upon  all  works 


Public  Service  Laws 


491 


and  structures,  mentioned  in  this  section,  that  may  be 
upon  the  right  of  way  and  franchise  of  such  railroad 
corporation  within  the  limits  of  such  county.  In  case 
such  work  or  labor  shall  be  performed  or  material  fur- 
nished in  pursuance  of  a  contract  with  any  person,  cor- 
poration or  company,  engaged  as  lessee,  subcontractor  or 
agent  of  any  railroad  corporation  in  the  construction  or 
repairing  of  any  railroad,  as  heretofore  mentioned  in 
this  section,  the  person  performing  such  labor  or  fur- 
nishing such  material  shall  not  be  required  to  give 
notice  to  such  corporation,  as  is  required  of  subcon- 
tractors, journeymen  and  laborers  in  §  8  of  this  Act, 
in  order  to  entitle  him  to  acquire  and  hold  a  lien  for 
labor  performed  or  material  furnished  under  the  pro- 
visions of  this  section,  but  the  performance  of  such 
labor,  or  the  furnishing  of  such  materials,  shall  be 
sufficient  notice  to  such  corporation.  Liens  thus  ac- 
quired shall  be  enforced  as  other  mechanic's  liens  are 
enforced  in   this   State. 

How  acquired.  §  12.  Any  person  desiring  to  acquire  the 
lien  provided  for  in  the  last  preceding  section  shall  give 
notice  of  his  intention  to  hold  such  lien  by  causing  a 
notice  thereof  to  be  recorded  in  the  recorder's  office 
of  the  county  wherein  such  work  was  done  or  material 
furnished  as  aforesaid  in  the  same  manner,  and  within 
the  same  time  as  herein  provided  for  giving  notice  of 
mechanic's  liens;  and  any  person  having  given  notice 
within  the  proper  time  may  enforce  such  lien  in  the 
same  manner  as  mechanic's  liens.  Such  suit  must  be 
brought  within  one  year  from  the  time  such  notice  was 
filed  In  the   recorder's   office. 

MEDICAL  SUPPLIES   ON   TRAINS. 

[Approved  March  5,  1909.] 

Be  it   enacted   hy   the  general  assembly  of   the   State  of 
Indiana: 

Railroads — Medical  emergency  case  on  trains.  §  1. 
That  it  shall  be  unlawful  for  any  steam  railroad  com- 
pany engaged  in  the  transportation  of  passengers  or 
freight  of  any  kind  whatever  to  run  or  attempt  to  run 
any  passenger  or  freight  train  upon  which  passengers  or 
employes  may  ride  or  travel  that  is  not  equipped  with 
at  least  one  medical  emergency  case  which  shall  con- 
tain the  following  specified  articles:  Two  gauze  band- 
ages, and  two  triangular  pieces  of  gauze  18  inches  wide, 
and  one   pound  of  absorbent  cotton. 

Railroad  commission — Duty  to  enforce.  §  2.  It  shall  be 
the  duty  of  the  board  of  railroad  commissioners  to  have 
this  law  enforced. 

Misdemeanor — Penalty.  §  3.  Any  such  railroad  company 
violating  any  of  the  provisions  of  this  Act  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be 
fined  in  any  sum  not  less  than  $25  nor  more  than  $100. 

TWO  CENTS   FEB  MILE. 

[Approved  February  25,  1909.  J 

Be  it   enacted   by   the  general   assembly   of   the   State   of 
Indiana: 

Railroads — Common  carrier — Passenger  rates.  §  1.  That 
It  shall  hereafter  be  unlawful  for  any  common  carrier 
engaged  In  the  carriage  of  passengers  upon  a  railroad  or 
railroads,  between  points  in  this  State,  to  charge  in 
excess  of  2  cents  per  mile  for  the  carriage  of  an  adult 
passenger,  or  in  excess  of  1  cent  per  mile  for  the  car- 
riage of  a  passenger  between  five  and  12  years  of  age; 
provided,  that  the  minimum  charge  in  no  case  shall  be 
less  than  5  cents,  and  in  determining  the  charge,  frac- 
tions of  less  than  one-half  mile  shall  be  disregarded  and 
all  other  fractions  counted  as  one  mile;  provided,  that 
any  person  who  shall  purchase  a  ticket  of  any  railroad 
or  railway  corporation  at  the  price  herein  stipulatefl  tor 
the  purpose  of  becoming  a  passenger  on  any  railroad  or 
railway  train  in  this  State,  shall  be  entitled  to  have 
carried  over  said  line  of  railroad  or  railway  baggage 
between  points  named  on  said  ticket  to  the  amount  of 
150  pounds  free  of  any  additional  charge;  provided, 
further,  that  where  any  passenger  is  given  an  oppor- 
tunity, for  30  minutes  continuously  before  the  departure 
of  any  train,  to  secure  a  ticket  entitling  him  to  carriage, 
and   fails  to   do   so,   then   such   carrier   may  charge   and 


collect  10  cents  in  addition  to  the  regular  ticket  fare 
from  each  passenger  paying  his  or  her  fare  on  the 
train,  for  which  a  receipt  shall  be  given  by  the  con- 
ductor and,  further,  that  the  fare  shall  always  be  made 
that  multiple  of  five  nearest  reached  by  multiplying  the 
rate    by    the    distance. 

Cash  or  ticket  fares.  §  2.  It  shall  be  unlawful  for  any 
person  to  ride  as  a  passenger  upon  any  railroad  between 
stations  in  this  State,  without  the  payment  on  demand 
of  the  cash  fares  or  ticket  fares  prescribed  and  pub- 
lished according  to  law,  by  the  company  operating  such 
railroad,  excepting  those  persons  who  are  by  law  per- 
mitted free  transportation  and  hold  the  passes  of  such 
company  therefor. 

Penalties.  §  3.  For  any  violation  of  the  provisions  of 
this  Act  by  any  railroad  company,  its  agent  or  employe, 
such  railroad  company  shall  forfeit  and  pay  to  the 
State  of  Indiana  a  penalty  of  not  less  than  $25  nor 
more  than  $100,  for  every  violation,  to  be  recovered  by 
suit  brought  in  the  name  of  the  State  of  Indiana,  by  the 
attorney-general  of  the  State,  in  any  court  of  competent 
jurisdiction  in  any  county  into  or  through  which  the  line 
or  lines  of  road  of  the  offending  railroad  company  runs, 
or  by  the  prosecuting  attorney  of  any  judicial  circuit  of 
the  State,  in  any  court  of  competent  jurisdiction  within 
said  judicial  circuit  within  which  the  line  or  lines  of 
road  of  such  railroad  company  runs.  Where  such  i>enalty 
is  collected  on  a  suit  brought  by  the  prosecuting  at- 
torney, as  provided  in  this  Act,  there  shall  be  recovered 
in  addition  thereto  the  sum  of  $10  as  compensation  for 
said  prosecuting  attorney.  Any  person  violating  the 
provisions  of  §  2  of  this  Act  shall  be  liable  to  the 
State,  in  the  penal  sum  of  $25  for  every  such  violation. 
Recovery  thereof  may  be  had  in  any  court  of  competent 
jurisdiction  and  when  enforced  by  suit  the  additional 
sum  of  $10  shall  be  included  for  the  prosecuting  attor- 
ney for  such  district  when  recovery  is  had. 

TRAIN   STOPS. 

[Approved  February  24,  1911.] 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana : 

Railroads — Passenger  train  stops.  §  1.  That  every  per- 
son, firm  or  corporation  owning,  controlling  or  operating 
any  railroad  in  the  State  of  Indiana,  over  which  passen- 
ger trains  are  run  for  the  purpose  of  carrying  passengers 
shall  cause  at  least  four  regular  passenger  trains,  going 
each  way  on  any  such  railroad,  to  stop  daily,  if  so  many 
such  trains  are  run  daily,  for  a  time  sufficient  to  receive 
and  discharge  passengers,  and  receive  and  discharge 
such  passengers  as  may  desire  to  get  on  or  off  such 
trains,  at  all  cities  and  towns,  on  the  line  of  any  such 
railroad,  and  which  city  or  town  is  the  location  of  the 
county  seat  of  any  county  through  which  any  such  rail- 
road runs  and  which  city  or  town  has  a  population  of 
1,000  or  more  as  shown  by  the  last  preceding  United 
States  census;  provided,  that  the  provisions  of  this  Act 
shall  not  apply  to  such  county  seat  towns,  where  there 
is   interurban   service  to  and   from  such  county  seats. 

Passenger  trains  defined.  §  2.  That  regular  passenger 
trains,  within  the  meaning  of  this  Act,  shall  not  include 
freight  trains  or  mixed  trains  carrying  freight  and  pas- 
sengers  or  special   or  excursion   trains. 

Penalty.  §  3.  That  for  each  violation  of  the  provisions 
of  this  Act  any  such  person,  firm  or  corporation  shall 
forfeit  and  pay  the  sum  of  $50,  to  be  recovered  in  a  civil 
action  to  be  prosecuted  by  the  prosecuting  attorney  of 
the  county  in  which  any  such  violation  occurs,  in  the 
Circuit  Court  of  any  such  county,  in  the  name  of  the 
State  of  Indiana,  one-half  of  which  shall  go  to  said 
prosecuting  attorney  and  the  remainder  shall  be  paid 
over  to  the  county  in  which  such  proceedings  are  had 
and  shall  be  a  part  of  the  common  school  fund. 

LOCOMOTIVE    BOILER   INSPECTION. 

[Approved  March  1,  1911.] 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana: 

Railroad  commission — Boiler  inspector.  §  1.  That  im- 
mediately after  the  taking  effect  of  this  Act,  the  rail- 
road commission   of  the  State  of  Indiana  shall  appoint,. 


492 


National  Association  of  Railway  Commissioners 


with  the  approval  of  the  governor,  a  locomotive  boiler 
inspector,  who  shall  be  qualified  by  actual  experience  of 
not  less  than  six  years'  work  in  the  building  or  repair- 
ing of  locomotive  boilers  to  perform  the  services  re- 
quired of  him  as  such  inspector,  who  shall  receive  a 
salary  of  $2,000  a  year  and  traveling  expenses.  Said 
Inspector  shall  have  authority,  when  directed  so  to  do 
by  the  railroad  commission,  to  make  examination  and 
Inspection  of  any  locomotive  boiler  or  boilers  at  any 
reasonable  time  or  times,  for  the  purpose  of  ascertain- 
ing whether  the  same  can  be  operated  without  hazard 
to  life,  arising  from  use,  wear,  Injury,  imperfections  in 
material,  workmanship  or  arrangement  of  any  part  of 
such  boiler  and  appurtenances.  To  that  end  such  in- 
spector shall  have  the  right  at  all  reasonable  times  to 
board  and  ride  upon  any  steam  locomotive  which  shall 
be  operated  over  any  railroad  located  wholly  or  in  part 
within  this  State,  and  the  several  carriers  subject  to 
this  Act  shall  provide  free  transportation  to  such  inspec- 
tor while  performing  his  said  duties.  Said  inspector, 
after  making  such  inspection,  shall  make  and  subscribe 
his  name  to  a  written  or  printed  certificate,  executed 
in  duplicate,  containing  the  number  of  each  boiler  in- 
spected, the  date  of  its  inspection,  the  condition  of  the 
boiler  inspected,  and  such  details  as  may  be  required 
by  the  forms  and  regulations  which  shall  be  prescribed 
by  said  railroad  commission.  One  of  said  certificates 
shall  be  sent  by  the  railroad  commission  to  the  chief 
operating  officer  or  employe  of  the  railroad  having  charge 
of  the  operating  of  such  locomotive  boiler.  If  it  shall 
be  ascertained  by  such  inspection  that  any  locomotive 
boiler  is  unsafe  for  use,  or  inconvenient  for  operation 
to  the  extent  of  being  unsanitary,  the  same  shall  not 
again  be  used  after  notice  of  such  condition  is  served 
upon  the  railroad  company  by  delivering  to  It  a  certifi- 
cate aforesaid,  until  the  locomotive  shall  have  been 
repaired  and  made  safe  and  convenient  for  operation  as 
required  by  the  provisions  of  this  Act. 

Locomotive  boiler  equipment.  §  2.  No  boiler  of  any 
locomotive  engine  employed  on  railroads  located  in 
whole  or  in  part  within  the  State  of  Indiana  shall  be 
operated  thereon  unless  the  same  is  equipped  and  main- 
tained as  follows:  Each  locomotive  boiler  shall  be  con- 
structed of  such  material  and  in  such  a  manner  as  to 
conform  to  the  specifications  of  standard  authorities  upoii 
boiler  construction  and  operating;  each  of  said  boilers 
shall  be  equipped  with  safety  valves,  steam  gauge  or 
gauges,  gauge  or  try  cocks,  water  glass  or  glasses,  suit- 
able wash-out  plugs,  and  with  at  least  one  blow-ofC  cock; 
provided,  that  on  all  locomotives  so  constructed  that  the 
engineer  and  fireman,  while  operating  said  engine,  can- 
not, at  their  usual  and  proper  places  of  duty,  secure  a 
plain  view  of  the  water  glass  or  steam  gauge,  a  water 
glass  and  steam  gauge  shall  be  provided  which  shall  be 
In  plain  view  of  the  engineer,  and  in  addition  thereto 
there  shall  also  be  placed  and  maintained  a  steam  gauge 
and  water  glass  in  plain  view  of  the  fireman  when  at  his 
usual  and  proper  position  on  said  engine.  Suitable  lamps 
Bhall  be  provided  for  both  steam  gauges  and  water 
glasses. 

Plugged  flues — Steam  leakage.  §  3.  It  is  hereby  de- 
clared unlawful  for  any  steam  railroad  company,  or 
person  or  persons  operating  a  steam  railroad  located 
wholly  or  in  part  within  the  State  of  Indiana,  or  for 
the  directors,  managers,  or  superintendents  of  such  rail- 
road to  cause  to  be  run  within  this  State,  a  locomotive 
having  one  or  more  flues  plugged  at  both  ends,  or  a 
locomotive  whose  boiler  leaks  steam  through  any  de- 
fective part,  to  such  an  extent  that  the  vision  of  those 
riding  on  the  engine  is  materially  obstructed  or  their 
safety  or  health  is  imperiled  thereby;  provided,  that  it 
the  boiler  of  any  engine  after  leaving  its  initial  station 
commences  to  leak  it  may  continue  to  the  terminal  with- 
out such  railroad  company  incurring  the  penalty  pre- 
scribed herein. 

Washing  out.  §  4.  It  shall  be  unlawful  for  any  such 
steam  railroad  or  person  or  persons  operating  the  same 
to  cause  to  be  run  within  the  State  of  Indiana  any  lo- 
comotive engine  without  having  the  boiler  thereof  prop- 
erly washed  out  when  the  water  therein  has  become  so 
foul  as  to  Induce  priming;    and  It  shall  be  the  duty  of 


every  such  railroad,  or  person  or  persons  operating  the 
same,  to  cause  the  boiler  of  every  locomotive  used  on 
such  railroad  within  the  State  of  Indiana  to  be  washed 
out  as  often  as  shall  be  necessary  to  keep  the  same 
in  safe  and  proper  condition. 

Crown  sheet  or  firebox.  §  5.  It  is  hereby  declared  un- 
lawful for  any  steam  railroad,  or  person  or  persons 
operating  such  railroad,  to  apply  heat  to  any  crown  sheet 
or  firebox  that  shall  have  been  burned,  while  in  service 
and  in  charge  of  an  engineer  or  fireman,  until  after  the 
railroad  commission  has  been  informed  of  such  accident 
and  due  time  has  been  allowed  for  the  State  inspector 
to  make  a  thorough  examination  of  such  defect  for  the 
purpose  of  ascertaining  the  true  cause  of  the  englue 
being  burned.  Forty-eight  hours  from  the  time  the  rail- 
road commission  receives  notice  of  such  accident  will 
be  regarded  as  reasonable  time  in  which  to  have  the 
inspector  at  the  engine  to  be  Inspected;  provided,  that 
this  section  shall  be  rendered  inoperative  if  engineer 
accused  of  burning  said  crown  sheet  or  firebox  admits 
in  writing  to  proper  operating  official  that  such  accident 
was  caused  by  reason  of  low  water  in  boiler. 

Engineers  and  firemen — Duties.  §  6.  It  shall  be  tie 
duty  of  all  engineers  and  firemen  of  every  locomotive  en- 
gine whose  boiler  is  not  constructed  and  maintained  in  i  c- 
cordance  to  the  requirements  of  this  Act  to  report  to  tie 
Railroad  Commission  of  Indiana  any  and  all  defects  in 
such  boiler  as  have  first  been  called  to  the  attentidn 
of  the  proper  official  or  employe  of  the  railroad  operating 
the  same  and  have  not  been  corrected  and  adequately 
remedied  by  such  railroad  within  a  reasonable  time  theie- 
after.  Such  report  shall  not  be  made  public  by  sad 
commission,  nor  shall  the  same  be  deemed  a  violatic  n 
of   any   rule   of   the   railroad   referred   to   in   such   repoi  t. 

Penalty.  §7.  Every  railroad  company,  person  or  per- 
sons operating  a  railroad  located  wholly  or  in  pa-t 
within  the  State  of  Indiana,  or  director,  manager  <r 
superintendent  thereof,  violating  any  of  the  provisioi  s 
of  this  Act,  shall  be  liable  to  a  penalty  of  $500  for  each 
offense,  and  the  further  penalty  of  $10  for  each  d£  y 
that  such  violation  shall  continue. 

Railroad  commission — Duty.  §  8.  It  shall  be  the  dut  v 
of  the  Railroad  Commission  of  Indiana  to  enforce  the  pr  i- 
visions  of  this  Act. 

RAILROAD  EXTENSIONS. 

[Approved  March  1,  1911.] 

Be  it  enacted   by  the  general   assembly   of  the  State 
Indiana: 

Railroads — Extension — Stock  in  bridge  company.  j'lP 
That  §  1  of  the  above  entitled  Act  be,  and  the  same  :8 
hereby,  amended  to  read  as  follows:  §1.  That  It  sha  1 
be  lawful  for  any  railroad  company  in  this  State,  organ- 
ized under  the  general  or  special  laws  of  this  Stat), 
to  make  branches  or  extensions  of  its  railroad  to  tie 
boundary  line  of  any  county  in  which  such  railroad  may 
have  a  terminus,  such  boundary  line  being  also  a  boun- 
dary line  of  the  State,  and  such  railroad  company  shall' 
have  all  the  powers,  rights  and  privileges  in  relation  1o 
such  branches  or  extensions  as  it  has  or  may  have  la 
relation  to  its  original  road,  under  the  law  by  which  t 
was  organized,  and  in  conformity  to  the  law  of  Us 
organization,  with  power  to  said  company  to  subscrila 
and  take  stock  in  any  railroad  bridge  company  on  tie 
route  of  said  road,  or  at  the  terminus  of  said  railroail, 
for  the  use  and  benefit  of  said  road;  provided,  that  any 
such  bridge  at  the  terminus  of  such  road  shall  be  so 
constructed  as  to  admit  the  passage  of  vehicles,  fo<'t 
passengers,  and  for  general  purposes;  and,  provided  also, 
that  where  the  terminus  of  such  road  is,  or  shall  be,  t.t 
or  near  the  State  line,  and  the  board  of  directors  of  such 
railroad  company  shall  by  resolution  declare  that  \\,  fa] 
desirable  for  such  railroad  company  to  acquire  terminijj 
property,  or  terminal  rights  and  facilities,  to  enable 
to  operate  through  or  into  any  city  In  another  Stall 
and  adjoining  the  terminus  of  such  company,  such  nqL 
road  company  shall  have  power  by  its  board  of  directors^ 
to  take  stock  in  any  terminal  company  organized  under 
the  laws  of  any  adjoining  State  for  the  purpose  of  ac- 
quiring and  constructing  terminal  property  and  terminal 
facilities,    and    to    guarantee    the    bonds    thereof.      The 


ch 

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493 


amount  of  such  stock  investments  and  of  the  bonds 
guaranteed  shall  be  determined  by  such  board  of  direc- 
tors. 

Emergency.  §  2.  It  Is  hereby  declared  that  an  emer- 
gency exists  for  the  immediate  taking  effect  of  this  Act, 
and  the  same  shall  be  enforced  from  and  after  its  pas- 
sage. 

CABOOSE  CARS. 

[Approved  March  1,  1911.] 
Be   it   enacted   iy   the  general  assem'bly   of   the   State   of 
Indiana : 

Railroads — Common  carrier.  §  1.  That  the  provisions 
of  this  Act  shall  apply  to  any  corporation  or  to  any 
person  or  persons  while  engaged  as  common  carriers  in 
the  transportation  by  railroad  of  passengers  or  property 
within  this  State  to  which  the  regulative  power  of  this 
State   extends. 

Caboose  cars — Sige  and  construction.  §  2.  That  from 
and  after  the  first  day  of  June,  1914,  it  shall  be  unlaw- 
ful, except  as  otherwise  provided  in  this  Act,  for  any 
such  common  carrier  by  railroad  to  use  on  its  line  any 
caboose  car  or  other  car  used  for  like  purposes  unless 
such  caboose  or  other  car  shall  be  at  least  24  feet  in 
length  exclusive  of  the  platforms  and  equipped  with  two 
four-wheel  trucks,  and  said  caboose  car  or  other  car 
shall  be  of  constructive  strength  equal  to  that  of  the 
60,000  pounds  capacity  freight  cars,  and  shall  be  pro- 
vided with  a  door  in  each  end  thereof  and  an  outside 
platform  across  each  end  of  said  ear;  each  platform 
shall  not  be  less  than  24  inches  in  width  and  shall  be 
equipped  with  proper  guard  rails  and  with  grabirons 
and  steps  for  the  safety  of  persons  getting  on  and  off 
said  car.  Said  steps  shall  be  equipped  with  a  suitable 
rod,  board  or  other  guard  at  each  end  and  at  the  back 
thereof  properly  designed  to  prevent  slipping  from  said 
step.  Said  caboose  shall  have  cupola,  necessary  closets 
and   windows. 

Old  caboose — New  equipment.  §  3.  Whenever  any  such 
caboose  cars  or  other  cars  now  in  use  by  such  common 
carriers  as  provided  by  §  1  herein  shall,  after  this  Act 
goes  into  effect,  be  brought  into  any  shop  for  general 
repairs,  it  shall  be  unlawful  to  again  put  the  same  into 
the  service  of  such  common  carrier  within  this  State 
unless  it  be  equipped  as  provided  in  §   2  of  this  Act. 

Yard  and  transfer  caboose.  §  4.  The  provisions  of  this 
Act  shall  not  apply  to  the  use  of  caboose  cars  operated 
in  yards  and  in  transfer  service,  and  in  case  of  unusual 
and  unforeseen  demands  of  traffic  caboose  cars  not 
constructed  in  compliance  with  this  Act  may  be  used 
temporarily;  provided,  that  the  railroad  company  desiring 
to  use  the  same  shall  apply  to  and  obtain  an  order  from 
the  railroad  commission  granting  the  privilege  to  tempo- 
rarily use  the  same. 

Railroad  commission  —  Duties.  §  5.  That  the  State 
railroad  commission  shall  have  the  power  to  limit  or 
prescribe  the  maximum  height  of  any  caboose  to  be  used 
upon  any  railroad  operating  in  or  through  the  State  and 
said  commission  is  hereby  authorized  to  grant  to  any 
common  carrier  aforesaid,  upon  full  hearing  and  for 
good  cause  shown,  a  reasonable  extension  of  time  in 
which  to  comply  with  the  provisions  of  this  Act;  pro- 
vided, that  in  no  case  shall  such  extension  in  the  aggre- 
gate exceed  a  period  of  one  year  from  the  time  herein 
limited   for  compliance  with   this  Act. 

Penalty.  §  6.  Any  common  carrier  as  provided  in  §  1  of 
this  Act  violating  any  of  the  provisions  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor  and,  upon  convic- 
tion thereof,  shall  be  fined  not  less  than  $100  nor  more 
than  $500   for  each  offense. 

Railroad  commission — Powers.  §  7.  That,  in  addition 
to  the  powers  heretofore  granted  to  the  railroad  commis- 
sion of  Indiana,  said  commission  be  and  is  hereby 
specifically  empowered,  authorized  arid  directed  immedi- 
ately after  the  passage  of  this  Act  to  investigate  the 
conditions  and  efficiency  of  cabooses  now  in  use  on 
railroads  in  this  State  and  if  found  upon  investigation 
that  it  is  impossible  for  any  railroad  company  to  comply 
with  §§  2,  3,  4,  5,  and  6  of  this  Act,  said  commission 
shall  have  the  power  to  grant  to  such  company  the 
right  to  construct  a  caboose  which  in  their  judgment 
will    be    safe    and    convenient    for    the    employes    and 


traveling  public,  but  in  no  case  shall  said  commission 
grant  the  permission  of  any  railroad  company  from  con- 
structing a  caboose  that  has  less  than  two  four-wheel 
trucks. 

Act  in  effect — Date.  §  8.  This  Act  shall  take  effect  and 
be  in  force  from  and  after  April  1,  A.  D.  1911. 

SENDING   CLAIMS    OUTSIDE  OF   INDIANA. 

An  Act,  approved  March  1,  1911,  amends  the  statute 
in  reference  to  sending  claims  outside  the  State  of  In- 
diana for  collection  so   as  to   read  as  follows: 

Public  offenses — Garnishment  outside  of  State.  §  664. 
Whoever,  directly  or  indirectly,  sells,  assigns  or  trans- 
fers, purchases  or  accepts,  any  claim  or  debt  against  a 
citizen  of  the  State  of  Indiana,  for  the  purpose  of  hav- 
ing the  same  collected  or  of  collecting  the  same  by 
proceedings  in  attachment  or  garnishment  out  of  the 
wages  or  personal  earnings  of  the  debtor,  in  courts  out- 
side of  the  State  of  Indiana,  or  whoever,  with  intent 
thereby  to  deprive  a  resident  of  the  State  of  Indiana  of 
his  or  her  right  under  the  statute  of  Indiana  on  the 
subject  of  exemption  of  property  from  levy  and  sale  on 
execution  or  in  attachment  and  garnishment,  sends  or 
causes  to  be  sent  out  of  the  State  of  Indiana  any  claim 
for  debt  against  any  such  resident  for  the  purpose  of 
having  the  same  collected  by  proceedings  in  attachment 
or  garnishment  in  courts  outside  of  the  State  of  Indi- 
ana, when  the  creditor  and  debtor  and  the  person  or 
corporation  owing  the  money  intended  to  be  reached  by 
such  proceedings  are  within  the  jurisdiction  of  the  courts 
of  the  State  of  Indiana,  shall,  on  conviction,  be  fined 
in  any  sum  not  less  than  $20  nor  more  than  $50, 
and  the  person  or  persons  selling,  transferring  or  as- 
signing any  such  claim  for  the  purpose  or  with  the  in- 
tent aforesaid  shall  be  liable  in  an  action  of  debt  to 
the  person  or  persons  from  whom  any  such  claim  shall 
have  been  collected  by  attachment  or  garnishment  out- 
side of  the  courts  of  the  State  of  Indiana  for  the  full 
amount  of  the  debt,  interest  and  costs  so  collected,  to- 
gether with  a  reasonable  attorney's  fee,  and  the  defend- 
ant or  defendants  therein  shall  not  be  entitled  to  the 
benefits  of  the  exemption  laws  of  the  State  of  Indiana 
upon  an  execution  process  issued  upon  any  judgment 
recovered  in  any  such  action.  The  assignment,  sale, 
transfer  or  sending  of  such  claim  to  a  person  not  a 
resident  of  this  State  or  the  commencement  of  proceed- 
ings in  attachment  or  garnishment  on  any  claim  in  any 
court  outside  of  the  State  of  Indiana  shall  be  prima 
facie  evidence  of  the  violation  of  this  Act. 

AUTOMATIC  BELL  RINGEBS. 

[Approved  March  2,  1911.1 

Be  it   enacted   by   the  general   assembly   of   the   State   of 
Indiana: 

Railroads — Automatic  bell  ringers  on  engines.  §  1.  That 
§  1  of  said  Act  be  amended  to  read  as  follows:  §1.  Be 
it  enacted  by  the  general  assembly  of  the  State  of  Indiana, 
That  is  shall  be  unlawful  for  any  steam  railroad  company 
operating  within  said  State  to  use,  or  permit  to  be  used, 
on  their  respective  lines  of  railroad  any  steam  locomotive 
which  is  not  equipped  with  an  automatic  bell-ringing  de- 
vice consisting  of  a  mechanism  operated  by  the  power  of 
steam,  electricity  or  compressed  air,  and  so  constructed 
and  applied  to  the  bell  of  such  locomotive  as  to  be  set  in 
operation  at  the  will  of  the  engineer  or  fireman  and  con- 
tinue automatically  the  ringing  of  the  bell  on  such  loco- 
motive until  stopped  by  the  engineer  or  fireman  directly 
operating  and  in  control  of  such  locomotive,  and  such  de- 
vice shall  at  all  times  be  kept  in  proper  working  order. 
Such  device  shall  be  selected,  tested  and  put  in  operation 
on  such  locomotive  by  some  officer,  agent  or  employe 
of  the  corporation  owning  or  controlling  and  operating 
the  railroad,  switchyard,  or  other  rails  or  tracks  of  such 
corporation  on  which  such  locomotive  is  run  or  used. 

WAITING   ROOMS. 

[Approved  March  1,  1911.] 

Be  it   enacted   by   the  general  assembly   of   the   State   of 
Indiana: 

Railroads — Interurban  waiting  rooms.  §  1.  That  any 
person,  company  or  corporation  operating  a  line  of  inter- 


494 


National  Association  of  Railway  Commissioners 


urban  street  railroads  through  or  into  any  city  having  a 
population  of  4,800  or  more,  shall  provide  and  maintain 
in  said  city,  within  six  months  after  the  taking  effect  of 
this  Act,  suitable  waiting  rooms,  together  with  separate 
water  closets  for  men  and  women,  for  the  convenience  of 
the  traveling  public,  and  shall  keep  such  rooms  open 
for  a  period  of  not  less  than  one-half  hour  next  preceding 
the  arrival  of  all  passenger  cars  or  trains  scheduled. 

Penalty.  §  2.  Any  person,  company  or  corporation  fail- 
ing to  comply  with  the  provisions  of  the  above  section  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  $25  nor  more  than  $500  for  each 
offense,  and  each  day's  violation  thereof  shall  constitute 
a  separate  offense. 

STORM  WINDOWS. 

[Approved  March  2,  1911.] 
Be   it   enacted    by   the   general   assembly   of   the   State   oj 
Indiana: 

Railroads — Storm  windows  on  engines.  §  1.  That  all 
corporations,  associations,  companies,  firms  or  persons, 
owning  or  operating  locomotive  road  engines  in  this  State, 
shall  provide  and  equip  said  locomotive  road  engines  with 
storm  windows  in  both  front  windows  in  the  cabs  of  said 
engines  and  said  storm  windows  shall  be  so  equipped  and 
adjusted  as  to  permit  persons  in  charge  of  the  same  to  have 
an  unobstructed  view  through  the  same,  when  open,  under 
all  climatic  conditions  and  to  prevent  the  view  being  ob- 
structed by  rain,  snow  or  ice  adhering  thereto. 

Penalty.  §  2.  Every  corporation,  association,  company, 
firm  or  person  who  violates  any  of  the  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  in  any  sum  not  less  than  $5  nor 
more  than  $500  for  each  offense  so  committed. 

When  in  effect.  §  3.  The  provisions  of  this  Act  shall  be 
in  force  and  effect  on  and  after  the  1st  day  of  January, 
1912. 

SWITCHING   CEEWS. 

[Approved  March  2,  1911.] 

Be  it   enacted   by   the  general  assembly  of   the   State   of 
Indiana : 

Railroads — Full  switching  crew.  §  1.  That  it  shall  be 
unlawful  for  any  person,  firm  or  corporation  owning  track- 
age over  25  miles  in  length  and  engaged  in  operating 
standard  gauge  railroad  switch  engines  in  yard  limits 
within  the  limits  of  the  State  of  Indiana,  to  operate  said 
engines  in  the  business  of  switching  cars  or  making  up 
trains  with  less  than,  a  full  crew,  consisting  of  not  less 
than  one  engineer,  one  fireman,  one  foi-eman  and  two 
helpers.  Said  foreman  and  one  of  said  helpers  must  have 
had  at  least  one  year's  experience  as  switchman,  con- 
ductor or  brakeman. 

Foreman  and  helpers.  §  2.  Neither  the  foreman  nor 
either  of  the  helpers  mentioned  in  §  1  shall  be  permitted 
to  perform  any  other  duties  in  addition  to  their  duties  as 
foreman  or  helpers,  while  the  engine  upon  which  they 
are  working  is  actually  engaged  in  the  business  of  switch- 
ing cars. 

Penalty.  §  3.  Any  person,  firm  or  corporation  violating 
any  of  the  provisions  of  this  Act  shall,  upon  conviction 
thereof,  be  fined  for  a  first  offense  not  less  than  $100,  and 
(or  the  second  offense  not  less  than  $300,  and  for  any 
offense  thereafter  not  less  than  $1,000. 

DISCHAKGING   PASSENGERS    FROM    MIXED   TRAINS. 

[Approved  March  2,  1911.] 
Be  it   enacted   by  the  general  assembly  of  the   State   of 
Indiana : 

Railroads — Mixed  train — Passengers.  §  1.  That  it  shall 
be  unlawful  for  any  railroad  company  engaged  in  the  car- 
riage of  passengers  between  points  in  this  State  on  any 
mixed  train  carrying  both  freight  and  passengers,  to  dis- 
charge freight  from  such  train  or  switch  any  cars  at  any 
point  of  destination  for  any  such  passengers  before  proceed- 
ing to  the  station  or  usual  place  for  the  discharge  of  passen- 
gers and  permitting  such  passengers  to  leave  such  train; 
provided,  that  any  such  train  arriving  at  the  station 
ahead  of  schedule  time  may  unload  freight  or  switch 
cars  before  proceeding  to  the  passenger  station  or  usual 
place  for  unloading  passengers,  but  such  train  shall  in 
any  such  event  proceed  to  the  passenger  station  or  usual 
place  for  unloading  passengers  at  the  regularly  scheduled 
time  of  arrival;    provided,  further,  that  the  provisions  of 


this  Act  shall  apply  only  to  railroads  or  divisions  of  rail- 
roads over  which  no  regular  daily  passenger  train  Ib 
operated. 

Misdemeanor — Penalty.  §  2.  For  any  violation  of  the 
provisions  of  this  Act  by  any  railroad  company,  its  agents 
or  employes,  such  railroad  company  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  $25  nor  more  than  $100  for  each  offense. 

Railroad  commission — Duty.  §  3.  It  shall  be  the  duty 
of  the  railroad  commission  to  enforce  the  provisions  of  this 
Act. 

APPROPRIATION. 

Prom  the  general  appropriation  bill  approved  March 
4,  1911. 

Fiscal  year,  1911-1912.  §  2.  That  for  the  fiscal  year 
beginning  the  first  day  of  October,  1911,  and  ending  on  the 
30th  day  of  September,  1912,  there  are  hereby  appropri- 
ated the  following  sums  of  money:  *  *  »  For  the  rail- 
road commission:  Salaries  and  expenses,  $35,000;  legal 
services,  $5,000;  provided,  that  said  sum  or  any  part  thereof 
may  be  used  by  said  railroad  commission  to  employ  nec- 
essary counsel  to  assist  in  prosecuting  or  defending  ^ny 
cause  of  action  in  which  the  railroad  commission  shall  be 
interested.  i 

TRACK    ELEVATION    AT    SOUTH    BEND. 

[Approved  March  4,  1911.] 
Be  it   enacted   by   the  general  assembly  of  the  State  o\ 
Indiana: 

Cities  1/5,000  to  .58,000 — Track  elevation  or  depression' 
§  1.  That  upon  petition  therefor,  or  upon  its  own  initiative, 
the  board  of  public  works  of  any  city  having  a  population 
of  not  less  than  45,000  nor  more  than  58,000,  according 
to  the  last  preceding  United  States  census,  may,  and  such 
board  is  hereby  given  the  power  to  adopt  a  resolution  for 
the  alteration  of  any  grade  crossing  or  crossings  at  the 
Intersection  of  any  steam  railroad  track  or  tracks  with  any 
street  or  highway  in  said  city,  and  the  approaches  thereto, 
by  requiring  the  elevation  or  depression  of  the  steam  rail- 
road track  or  tracks  at  such  intersection  or  intersections, 
and  in  such  resolution  shall  provide  in  general  the  change 
in  the  grade  of  such  street  or  highway,  and  the  amount 
in  feet  of  the  clearance  at  such  intersection  between  the 
surface  of  such  street  or  highway,  as  proposed  by  such  new 
grade,  and  the  bottom  of  the  superstructure  work  over 
such  highway  or  highways.  Upon  the  adoption  of  such 
resolution  said  board  shall  serve  a  copy  of  the  same  upon 
some  resident  officer  or  agent  of  the  railroad  company 
or  companies  whose  track  or  tracks  will  be  affected  or 
changed  by  the  proposed  change  in  the  grade  of  the  street, 
which  notice  shall  name  a  time  not  less  than  10  days 
after  service  of  such  notice  when  such  railroad  company 
or  companies  may  appear  and  file  remonstrances  as  to 
such  proposed  change  of  grade  or  amount  of  clearance,  and 
the  board  shall  thereupon  approve,  change  or  modify  the 
resolution  so  adopted  and  the  action  of  the  board  in  so 
doing  shall  be  final  and  conclusive,  subject  to  the  approvaU 
of  the  common  council  of  such  city.  1 

Plans  and  specifications — Estimate  of  cost.     §  2.     Upon 
the   approval   of  such  resolution  by  the   common   council, 
the  board  of  public  works  shall  pass  a  resolution  therein 
providing  that  the  railroad  company  or  companies,  whose 
tracks  are  affected  or  changed  by  the  proposed   improve- 
ment,  shall   prepare,  or   cause   to   be   prepared,   and   filed 
with   the  board  of  public  works  plans   and   specifications 
complete  and  in  particular  as   to   that   part  of  the   wor^ 
known   as   superstructure   in   case  of  elevation,   including 
the    retaining   walls    or    abutments    at    the    sides    of    thej 
streets,  or  that  part  of  the  work  known  as  depression  ittl 
case    of    depression,    and    further    providing   therein    thati 
said   board   shall   prepare,   or   cause  to   be   prepared,   and* 
filed    in    the    office    of    said    board    complete    plans    and 
specifications   in   particular   as   to   that  part   of   the   work 
beneath    such    superstructure    in    case    of    elevation,    and  J 
over  such  depression  in  case  of  depression,  including  the 
approaches  on  the  street  and  highways  to  such  Improve- 
ment as   well    as   the    sidewalks,   the   paving   and    repair- 
ing,  and   the    changes    in    drainage    on    that    part   of   the 
street  crossed  by  such  track  or  tracks,  and  on  that  part 
of   the    street,    the    grade   of   which    is    changed    by    such 
improvement,  and  shall  cause  notice  of  the  passage  and 
adoption  of  such  resolution  to  be  served  on  the  railroad! 
company    or    companies    affected    by    such    improvement, 

'I 


Public  Service  Laws 


495 


and  upon  any  and  all  street  railway  companies  whose 
track  or  tracks  cross  the  right  of  way  of  the  railroad 
company  at  such  street  or  highway  intersection  em- 
bodying in  such  notice  a  copy  of  such  resolution,  and 
thereafter,  within  30  days  from  the  time  of  receiving 
such  notice,  such  railroad  company  or  companies  shall 
cause  to  be  prepared  and  filed  in  the  office  of  the  board 
of  public  works,  and  within  said  time  such  city,  by  its 
board,  shall  cause  to  be  prepared  and  filed  in  the  office 
of  the  board  of  public  works  complete  plans  and  specifi- 
cations for  that  part  of  the  work  which  said  company 
or  companies  and  said  city  have  been  respectively  re- 
quired so  to  do  by  such  resolution.  At  the  same  time 
that  such  plans  are  filed  with  said  board  of  public  works, 
the  said  railway  company  or  companies  so  filing  such 
plans  and  specifications  shall  file  with  the  said  board 
of  public  works  an  itemized  estimate  of  the  complete 
cost  of  the  work  specified  in  the  plans  and  specifications 
so  filed  by  it  or  them,  and  at  the  time  said  plans  and 
specifications  are  so  placed  on  file  by  said  board  It 
shall  file  in  said  office  an  itemized  estimate  of  the  com- 
plete cost  of  the  work  specified  in  the  plans  and  specifi- 
cations so  filed  by  it.  And  in  case  said  railroad  com- 
pany or  companies  shall  fail,  neglect  or  refuse  to  file 
such  plans  and  specifications,  and  the  estimate  of  the 
cost  thereof,  with  said  board,  as  above  provided,  said 
city,  by  its  board  of  public  works,  shall,  within  15  days, 
cause  such  plans  required  by  said  resolution  to  be  filed 
by  said  railroad  company  or  companies  and  such  item- 
ized estimate  of  the  cost,  to  be  prepared  and  filed  in 
the  office  of  said  board. 

'Notice  of  adoption — Remonstrance — Hearing.  §  3.  Upon 
the  filing  of  such  plans  and  specifications  and  estimates 
of  costs  by  such  railroad  company  or  companies  and 
said  city,  and  in  case  of  the  refusal  or  neglect  of  the 
railroad  company  or  companies  to  file  their  said  plans, 
upon  the  filing  of  those  plans  by  said  city,  as  in  the 
last  preceding  section  provided,  said  board  shall  cause 
notice  of  the  adoption  of  the  resolution  referred  to  in 
§  2  of  this  Act,  and  of  the  filing  of  such  plans  and 
specifications  and  itemized  estimates  of  the  cost  of  the 
work  to  be  performed,  to  be  published  in  some  daily 
newspaper  of  general  circulation  in  such  city  once  each 
week  for  two  consecutive  weeks,  which  notice  shall 
name  a  date  of  publication  at  which  said  board  shall 
receive  and  hear  remonstrances  from  persons  interested 
in  and  affected  by  such  improvement,  as  well  as  the 
cost  thereof,  and  at  the  hearing,  which  may  be  adjourned 
from  time  to  time,  said  board  shall  consider  such  re- 
monstances,  if  any,  and  thereupon  take  final  action  and 
confirm,  modify  or  change  such  resolutions,  as  well  as 
any  of  the  plans  and  specifications  so  filed,  and  shall  at 
such  hearing  approve,  modify,  allow  or  disallow  the 
estimates  of  cost  so  placed  on  file  by  said  railroad  com- 
pany or  companies  and  said  city  respectively.  In  addi- 
tion to  the  above  publication  10  days'  written  notice  of 
such  hearing  shall  be  served  on  some  resident  agent  or 
officer  of  any  steam  railroad  company  or  street  railroad 
company  whose  tracks  are  affected  by  such  proceedings, 
but  failure  to  give  such  notice  shall  not  invalidate  the 
jurisdiction  of  said  board  in  the  premises,  and  all  per- 
sons shall  be  deemed  and  held  to  be  notified  of  the 
pendency  of  the  proceedings  and  of  all  acts,  hearings, 
adjournments  and  orders  of  said  board  made  therein,  by 
the  original  notice  of  publication  as  aforesaid.  Such 
steam  railroad  company  or  companies  shall,  and  they 
are  hereby  required  to,  commence  and  complete  that 
part  of  such  improvement  known  as  the  superstructure, 
including  the  retaining  walls  or  abutments  at  the  sides 
of  the  streets  being  improved,  and  said  city  shall,  and 
is  hereby  required  to.  commence  and  complete  that  part 
of  the  improvement  beneath  such  superstructure,  includ- 
ing the  approaches  on  the  streets  and  highways  to  such 
improvement,  as  well  as  the  sidewalks,  the  paving  and 
repaving,  and  the  changes  in  drainage.  The  commence- 
ment and  completion  of  such  work  by  said  railroad  com- 
pany or  companies  and  said  city  to  be  done  in  accord- 
ance with  such  plans  and  specifications,  and  within  a 
time  to  be  prescribed  in  said  resolution  by  said  board. 
The  action  of  the  board  on  all  questions  determined  by 
them  at  the  hearing,  including  the  extent  or  manner  of 
said  improvement  and  the  plans  and  specifications  thereof. 


and  its  action  upon  the  approval  or  disapproval,  change, 
modification  or  allowance  of  said  estimates  of  cost  shall 
be  final  and  conclusive  upon  all  persons  interested;  pro- 
vided, that  any  person,  company,  firm  or  corporation 
deeming  himself  or  itself  aggrieved  by  such  order,  or 
any  part  thereof,  may  appeal  therefrom  to  the  Circuit 
or  Superior  Court  of  the  county  in  which  such  city  is 
located  within  15  days  from  the  entry  of  such  order; 
upon  such  appeal  being  taken,  all  parties  shall  be  deemed 
bound  thereby  without  notice  thereof,  and  said  court 
may  modify  or  confirm  the  order,  or  any  part  thereof, 
of  said  board,  in  whole  or  in  part,  except  as  to  the 
necessity  and  the  convenience  of  the  improvement,  the 
grade  of  the  street  and  the  amount  of  clearance  between 
such  grade  and  the  bottom  of  the  superstructure  over 
the  same,  and  on  these  questions  the  action  of  the  board 
shall  be  final,  and  the  finding  and  judgment  of  such  court 
shall  be  final  and  binding  on  all  parties,  and  no  appeal 
shall  lie   therefrom. 

Track  changes — Plans.  §  4.  The  resolutions  and  pro- 
ceedings hereinbefore  provided  for,  as  well  as  such  plans 
and  specifications  and  estimates  of  cost,  shall  only  em- 
brace and  refer  to  the  work  and  labor  necessary  to  be 
performed  at  and  on  the  crossing  or  crossings  under 
Improvement,  and  any  railroad  company  or  companies 
whose  track  or  tracks  are  changed  or  affected  by  such 
resolutions  and  plans  shall  adjust  the  track  or  tracks 
belonging  to  such  company  or  companies  up  to  and  be- 
tween the  crossings  being  improved,  at  their  own  ex- 
pense, so  as  to  conform  to  and  comply  with  the  grades 
of  such  tracks  at  such  street  crossings,  as  provided  for 
in  said  resolutions  and  plans  and  specifications.  And  said 
board  may,  if  it  deem  it  necessary,  provide  for  the  im- 
provement of  more  than  one  crossing  in  any  such  reso- 
lution. 

Final  preliminary  action — Council  order.  §  5.  After 
said  board  has  acted  upon  all  remonstrances  which  have 
been  filed  with  it  previous  to  the  hearing  referred  to 
in  the  last  preceding  section,  and  has  made  its  order 
as  therein  provided,  and  after  any  appeal  which  may  be 
taken  from  any  of  such  orders  has  been  finally  tried 
and  determined,  the  common  council  of  such  city  shall 
then,  by  resolution,  determine  whether  or  not  said  city 
and  said  companies  shall  proceed  with  the  construction 
of  such  improvement,  and,  if  by  such  resolution  such 
common  council  decides  that  such  improvement  shall 
be  constructed,  then  said  work  shall  be  performed  as 
In  this  Act  provided,  but  said  council  may,  by  such  reso- 
lution, rescind  all  action  that  may  have  before  that 
time  taken  place  in  relation  to  such  Improvement,  in 
which  event  all  the  previous  orders  made  therein  by  the 
board  of  public  works  and  all  orders  of  the  court  on 
appeal  therefrom  shall  be  null  and  void. 

Costs — How  divided.  §  6.  The  cost  of  the  alteration  of 
such  grade  crossings  by  the  elevation  or  depression  of 
such  track  or  tracks  shall  be  borne  by  the  railroad  com- 
pany or  companies  whose  track  or  tracks  are  affected 
for  change  by  such  proceedings  and  the  city.  And  In 
case  any  street  railroad  company  or  companies  shall 
have  or  use  any  track  or  tracks  upon  the  streets  beinff 
improved  at  the  intersection  of  such  steam  railroad  track 
or  tracks,  then  such  expense  and  cost  shall  be  borne 
by  such  railroad  company  or  companies  and  the  city  in 
the  following  proportion:  The  steam  railroad  company 
or  companies  shall  pay  75  per  cent  of  the  cost  thereof; 
the  city  shall  pay  25  per  cent  of  the  cost  thereof;  but 
in  case  the  track  or  tracks  of  any  street  railroad  com- 
pany or  companies  are  upon  the  street  so  improved,  as 
above  stated,  then  such  city  shall  pay  15  per  cent  of 
the  cost  thereof,  and  such  street  railroad  company  or 
companies  shall  pay  10  per  cent  of  the  cost  of  such 
improvement  at  such  crossing  only  where  its  or  their 
tracks  are  so  located  or  used;  provided,  however,  that 
the  total  sums  charged  and  the  cost  to  such  street  rail- 
road company  or  companies  for  or  on  account  of  any 
such  alteration  of  grade  crossings,  including  all  work 
or  improvements  connected  therewith  or  caused  thereby, 
shall  not  exceed,  and  such  company  or  companies  shall 
not  be  required  to  pay,  more  than  $10,000  at  any  such 
intersection  and  crossing  where  such  street  is  crossed 
by  the  right  of  way  knd  tracks  of  two  or  more  steami 
railroad   companies   which   adjoin   and   are  contiguous   ta 


496 


National  Association  of  Railway  Commissioners 


each  other,  or  more  than  the  sum  of  $5,000  at  any  other 
Intersection  and  alteration  o£  grade   crossings   where  the 
street  is   used   by   such  street  railroad   company   or  com- 
panies;   and  provided,   further,   that   such   crossing  where 
the  tracks  of  such  steam  railroad  or  railroads  are  raised 
or    elevated    above   the   grade    of    the    street,    and    where 
such   street   railroad   company  or   companies   shall  be  re- 
quired to  pay  any  proportion  of  such  amount  there  shall 
be   provided   and   made  a  clearance  of   not  less   than   16 
feet    from    the    top   of    the    rail    of    such    street    railroad 
company  or   companies  to  the   lowest  part  of  the   super- 
structure   above    the    street,    so    as    to    permit    the    safe 
operation  of  street  or  interurban  cars  of  any  such  street 
railroad  company  or  companies.     If   said   10   per  cent  of 
the   total   cost  of  alteration  of  said   grade   crossings   and 
Improvements    at    any    such    crossings    shall    exceed    the 
maximum  amount  hereby  permitted  to  be  charged  to  such 
street  railroad  company  or  companies  the  excess,  if  any, 
over  such  amount  or  amounts  shall  be  paid  by  the  city. 
The   expense   to   be    borne   by   all   the    parties   interested 
therein  shall  include   the   cost  of  the  work   actually   per- 
formed on  the  crossings,  including  the  raising  or  lowering 
of    the    grade    of    any    street   or    sidewalk,    and    the    con- 
struction   and    reconstruction    of    all    pavements    to    the 
entire  width  of  the  street,  including  such   sidewalks  and 
the  construction  or  alteration  of  that  part  of  any  drains 
or  sewers  required  by  such  improvements  as  in  §  2   pro- 
vided,  and   the  cost   of   retaining  walls   at  the   sides   of 
the    streets   crossing   the   right  of   way   of   such   railroad 
company    or    companies    and    the    damages.    If    any,    re- 
coverable  under  existing   laws   by  any  person,   firm,   cor- 
poration  or  company,   on   account  of  such  improvements, 
but  not  including  the  damages  to  any  railroad  company 
or  companies'  property  whose  track  or  tracks  are  affected 
or   changed   by   such    improvement;    but   the   cost   of   the 
ties,    ballast,    rails    of    the    railroad    track    or    tracks    or 
street   railroad   tracks    and   the    expense   of   relaying   and 
reconstructing   the    same    shall    be    borne    exclusively    by 
the  company  or  companies  owning  such  track   or  tracks. 
But  the  entire  cost  of  such  work  as  above  provided  for, 
other   than   the   damages   to   adjacent  property,   shall   not 
exceed    the    amounts    mentioned    in    said    estimates     as 
finally   allowed   by   said   board   or   said    court   in   case    of 
appeal.     If  the  cost  of  the  work  to  be  so  performed  and 
completed    by    said    railroad    company    or    companies    ac- 
tually   amounts    to   more    than    the    amount   of    said   esti- 
mates  as   so   allowed   by   said   board  or   court,   then   said 
railroad  company  or  companies  shall  pay  the  excess  over 
and   above   the   amount  of   such   estimate   as   so   fixed   by 
said   board   or   court  and   in   case  the   actual   cost   of   the 
-work    to    be    so    performed    and    completed    by    said    city 
shall  amount  to  more  than  that  stated  in  the  estimates 
so  filed  by  it,  as  allowed  by  said  board  or  court  in  case 
of   appeal,    then   the    amount    of   excess    over    and    above 
the   amount   named    in   such   estimate,   as   finally   allowed 
by  said  court  or  board,  shall  be  borne  solely  by  said  city. 
Damages — Assessment.     §  7.     Said  board  shall  likewise 
determine    the   damages,    if    any,   which   may   be    recover- 
able under  existing  laws  by  any  person,   firm,   company 
or  corporation   other  than  the  railroad  company  or  com- 
panies   affected    by    such    improvement    on    account    of 
such    elevation    or    depression    of    track    or    changes    of 
grade  in  the  street   made   necessary  thereby.     Upon   the 
preparation    of   a    list    of    assessment    of    such    damages, 
said    board    shall    cause    a    written    notice    to    be    served 
upon   the   owner  of   each   piece   of  property   showing   the 
amount    of    such    assessment    by    leaving    a    copy    of    the 
same   at  his   last  usual  place  of  residence   in   said   city, 
or  by   delivering   a  copy   to   such   owner    personally,   and 
shall   cause   notice    to   be    given    by   publication    in    some 
daily    newspaper    of    general    circulation    in    such     city, 
once  each   week  for  two  consecutive  weeks,   which  shall 
name   a    date,    not    later   than    10    days   after   service   of 
such   notice  and   after  the  last  publication,   as   the   case 
may    be,    on    which    said    board    shall    receive    and    hear 
remonstrances   from   any   person  or   corporation   touching 
said    assessment    of    damages,    and    all    persons    affected 
thereby,    whether    residents    or    non-residents,    shall    be 
deemed   notified   of  such   hearing  by  such   published  no- 
tice,   and    any   person,   firm   or   corporation   owning   prop- 
erty which  they  or  it  may  claim  to  be  damaged  by  such 
Improvement,  and  who  have  not  been  allowed  or  awarded 


damages,  as  above  stated,  may  and  shall  appear  at  the 
time  specified  in  said  notice  and  remonstrate  as  to  such 
assessment,  and  set  up  any  damages  that  they  or  it  may 
have  sustained  by  reason  of  said  improvement.  Upon 
the  date  set  for  such  hearing,  said  board  of  public  works 
shall  consider  said  assessment  and  remonstrances,  and 
modify  or  confirm  the  said  assessment,  which  shall  be 
final  and  binding,  except  that  any  person  or  corporation 
thus  remonstrating  may,  within  20  days  thereafter,  take 
an  appeal  to  the  Circuit  or  Superior  Court  in  the  county 
in  which  said  city  is  located.  But  the  finding  of  such 
court  on  appeal  shall  be  final  and  binding  upon  all  parties 
affected  thereby,  and  any  appeal  upon  the  question  of 
damages  for  the  taking  of  or  injury  to  property  shall 
not  susf)end  or  delay  the  making  of  the  improvement. 

Inspection — Change  of  plans — Settlement.     §8.     Said 
board   of   public   works   by   its   engineer   shall   from   time 
to   time  inspect  the   work   and   make,   modify  or   change 
the   manner   and    method   of   the   same,   but   such   change 
shall  not  call  for  any  expenditure  of  any  greater  sum  of 
money    than    is    called    for    by    the    original    plans    and 
specifications,     and,    if    such    additional     expenditure    of 
money  is  called  for  by  such  change  or  modification,  then 
such  additional  sum  shall  be  paid  by  said  city,  and  se  id 
steam    railroad    company   or   companies    may    make    such 
change  in  the  manner  of  doing  the  work  they  are  here  )y 
required  to  perform,  as  they  may  be  permitted  to  do   ijy 
resolution   of   the   board   of   public   works,   but   any   adli- 
tional    cost  or    greater    expenditure   of   money   called    ior 
by  such   change  or  modification   shall  be  borne  by   su^h 
railroad   company   or    companies,    and   on    the   completi  m 
of  the   work   said  city   by  its   engineer   shall   inspect  tie 
same;    the  work   of   such   elevation   or  depression    where 
the    same    crosses    a    street   or   highway,   including    abit- 
ments    at   the   sides    of   the   street   and    supporting    poiis 
that  may  be  allowed  at  the  curb  or  center  of  the  stre  t, 
and    the    superstructure   with    reference   to    drainage    aid 
safety    to   the    public    use   on    such    street   shall   be    ct  n- 
structed    according   to    the    plans    and    specifications,   a  d 
to  the   approval   of   the   board   of   public   works,   and   t  le 
city  civil  engineer;   upon  the  completion  of  the  work,    )r 
from  time  to     time  during  its  progress,  upon   petition    )t 
the  city  by  its  city  attorney,  or  the  steam  railroad  co  a- 
pany  or  companies   charged   with  the   work,   or  any   pa  -t 
thereof,   said  board   shall  adjust  equitable   settlements     s 
to   the  cost  of  such   improvements   between   the   parti  ^s 
interested    therein    in    such    manner    that    the    total    cc  it 
of   such   improvement   as   found   by   said   board    or   coi  "t 
shall  be  apportioned   between  the  parties  as  in   this   A  'X 
provided,   and   as   theretofore   decided   on  by  said   boar!; 
and   such    adjustment   shall    be    binding   on    said    partii  s, 
unless    anyone    aggrieved    thereby    shall,    within    15    da  s 
after  the   entry   of  the   order   by   the   board   therein,    f  e 
his  or  its  complaint  in   said  court  or   Superior   Court     o 
review    such   adjustment,    and   the    decree    of   such    coi  rt 
therein    shall    be   final;    upon   which   settlement,   the    ci  y 
comptroller  shall  draw  his  warrant  or  warrants  upon  t  le 
city  treasurer  in  payment  of  its  proportion  of  such  co  t, 
which   may   be   drawn  on   the   general   funds   of   the   ci  y 
without   a  special   appropriation   being   made   therefor     ly 
the  council;  but  said  city  council  shall,  upon  the  estimate 
of   the   city   comptroller,   provide    by   ordinance    a   propjr 
levy   of  taxes   for  the   raising  of  funds   to   meet  and  <  e- 
fray  the  city's  share  of  the  expense  of  such  improvement, 
and   for   such   purpose  said  city   is   authorized   to   levy   a 
tax  of  not  more  than  10  cents  on  each  $100  of  valuatl  )n 
in   addition    to   the   annual   levy   now   authorized   by   la.v, 
and  the  railroad  company  or  companies,  including  as  w  -11 
as    the    street    railroad    company    or    companies,    shall, 
upon    such    adjustment    or    decree,    pay    their    portion    of 
such    costs    as    directed    thereby,    or   in    default    thereof, 
the  same   may  be   placed  on  the  tax  duplicate  and   col- 
lected   as    are    special    assessments    and   shall   be    carried 
out  with  the  taxes  for  State,  county,  township,  city,  roid, 
school  and  other  purposes  into  one  total. 

Agreement.  §  9.  It  shall  be  competent  for  such  city,  by 
its  board  of  public  works,  and  any  railroad  company  or 
companies  in  respect  to  whose  track  or  tracks  the  im- 
provement authorized  in  this  Act  Is  contemplated  to 
enter  into  a  written  agreement  describing  the  plan  of 
improvement  which  will  be  mutually  satisfactory  to 
them,  and  with  any  other  stipulation  to  which  they  shall 


Public  Seevioe  Laws 


497 


agree,  not  inconsistent  with  the  provisions  of  this  Act, 
and  especially  not  inconsistent  with  the  provisions  hereof 
as  to  division  of  costs  and  amount  of  clearance,  which 
agreement  shall  be  filed  with  said  board  of  public  works 
and  shall  form  the  basis  of  the  proceedings  thereafter 
had  in  relation  to  the  matter  and  embrace  in  such 
agreement. 

Emergency.  §  10.  Whereas,  an  emergency  exists  for  the 
immediate  taking  elTect  of  this  Act,  the  same  shall  be 
in  full  force  and  effect  from  and  after  its  passage. 

Statutes  were  approved  March  4,  1911,  providing  for 
track  elevation  in  Fort  Wayne  and  Indianapolis.  The 
Indianapolis  statute  contains  the  following: 

Adjustment  and  apportionment  of  cost.  §  6.  The  work 
of  such  elevation  or  depression  where  the  same  crosses 
a  street  or  other  highway.  Including  abutments  at  the 
Bide  of  the  street,  any  supporting  posts  that  may  be 
allowed  at  the  curb  or  center  of  the  street,  and  the 
superstructure  with  reference  to  drainage  and  safety, 
shall  be  constructed  to  the  approval  of  the  board  and  city 
civil  engineer.  Said  board,  by  its  engineer,  shall  from 
time  to  time,  and  on  completion  of  the  same,  inspect  the 
work.  Upon  completion  of  the  work,  or  from  time  to 
time  during  its  progress  upon  petition  of  the  city  or  the 
railroad  charged  with  the  work,  or  part  thereof,  said 
board  shall  adjust  equitable  settlements  between  the 
parties  interested  therein,  in  such  manner  that  the  total 
cost  of  such  alteration  shall  be  apportioned  between  the 
parties  as  theretofore  decided  on  by  said  board;  and 
such  adjustment  shall  be  binding  on  said  parties,  unless 
any  aggrieved  party  shall,  within  15  days  after  the  entry 
of  the  order  of  the  board  thereon,  file  Lis  complaint  in 
said  Superior  Court  to  review  such  adjustment,  and  the 
decree  of  such  court  therein  shall  be  final.  Upon  each 
such  settlement,  the  city  controller  shall  draw  his 
warrant  or  warrants  upon  th«  city  treasusrer  in  pay- 
ment of  its  portion  of  such  costs,  which  may  be  drawn 
upon  the  general  fund  of  the  city  without  a  special  ap- 
propriation being  made  therefor  by  the  city  council,  but 
said  city  council  shall,  upon  the  estimate  of  the  city 
controller,  provide  by  proper  levy  of  taxes  for  the  rais- 
ing of  funds  to  meet  and  defray  the  expense  of  such 
separation  of  grades,  and  for  such  purpose  said  city 
is  authorized  to  levy  a  tax  of  not  more  than  6  cents 
on  each  $100  of  valuation  in  addition  to  the  annual  levy 
now  authorized  by  law;  upon  each  such  settlement,  the 
county  auditor  shall  draw  his  warrant  or  warrants  upon 
the  county  treasurer  in  payment  of  the  county's  portion 
of  such  cost,  which  may  be  paid  out  of  the  general 
funds  without  a  special  appropriation  tlierefor  by  the 
county  council,  but  said  county  council  shall  provide 
therefor  in  its  annual  levy  of  taxes;  and  such  funds  so 
raised  by  said  additional  levy  of  6  cents  shall  not  be 
used  for  any  other  purpose  than  as  specified  in  this 
Act,  but  shall  be  a  continuing  fund,  and  no  warrant  or 
warrants  shall  be  drawn  against  said  fund  for  any  other 
purpose  than  the  payment  of  the  costs  of  such  altera- 
tions in  said  grade  crossings,  and  the  depression  or  ele- 
vation of  said  steam  railroad  tracks  as  herein  provided, 
and  the  payment  of  the  bonds  issued  by  said  city  for 
said  purpose  as  herein  provided;  and  the  city  or  county 
Is  authorized,  respectively,  to  issue  bonds  for  the  purpose 
of  paying  their  respective  parts  of  the  cost  of  such  alter- 
ation in  grade  crossings;  and  the  railroad  corporation 
or  corporations,  including  as  well  the  street  railway 
company,  shall  upon  such  adjustment,  or  decree,  pay 
their  portion  of  such  cost  as  directed  thereby,  or  In 
default  thereof  the  same  may  be  placed  on  the  tax  dupli- 
cate and  collected  as  are  special  assessments. 

LETTER  TO  niSCHARGED  EMPLOYE. 

[Approved  March  4,  1911.] 

Be  it   enacted   by   the   general   assembly   of   the  State  of 
Indiana : 

Railroads  —  Discharge  of  employe — Cause.  §1.  That 
whenever  any  employe  of  any  railroad  company  doing 
business  in  this  State  shall  be  discharged  or  voluntarily 
quits  the  service  of  such  company  it  shall  be  the  duty 
of  the  officer  having  jurisdiction  over  such  employe,  upon 
request  of  such  employe,  to  issue  such  employe  a  letter 
duly  signed  by  such  officer  setting  forth  the  nature  and 
character  of  service  rendered  by  such  employe  to  such 
railroad    company    and    the    duration    thereof,    and    truly 


stating  for  what  cause,  if  any,  such  employe  has  quit  or 
been  discharged  from  such  service. 

Penalty.  §  2.  Any  oflScer  having  jurisdiction  over  em- 
ployes referred  to  in  §  1  of  this  Act,  failing  or  refusing 
to  issue  such  letter  to  such  employe  when  so  requested 
by  the  employe,  failing  or  refusing  to  state  the  facts 
correctly,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  punished  by  a  fine  in  any  sum  not  to  exceed 
?100. 

Wages — Quit  or  discharged— Payment.  §  3.  Any  rail- 
road company  employing  men  shall  within  72  hours  after 
any  employe  voluntarily  quits  such  service  or  is  dis- 
charged, pay  to  such  employe  in  full  the  wages  due  to 
the  time  of  quitting  of  such  service;  provided,  demand  is 
made  therefor  and  upon  failure  so  to  do,  such  railroad 
company  shall  be  liable  to  such  employe  for  each  day 
until  such  payment  is  made  in  a  sum  equal  to  the  daily 
wage   of  the  employe. 

Penalty.  §  4.  Any  railroad  company  or  officer  of  such 
company  failing  to  comply  with  §  3  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  punished 
by  a  fine  in  any  sum  not  to  exceed  $100. 

FIRES    CAUSED   BY   SPARKS. 

[Approved  March  3,  1911. J 
Be  it   enacted   by   the  general   assembly  of   the   State   of 
Indiana : 

Railroads — Damage  by  fire.  §  1.  That  each  railroad 
corporation  owning  or  operating  a  railroad  in  this  State 
shall  be  responsible  in  damage  to  every  person  or  cor- 
poration [s]  whose  property  may  be  injured  or  destroyed 
by  fire  communicated  directly  or  indirectly  by  locomotive 
engines  in  use  upon  the  railroad  owned  or  operated  by 
such  railroad  corporations,  and  each  such  railroad  corpo- 
ration shall  have  an  insurable  interest  in  the  property 
upon  the  route  of  the  railroad  owned  or  operated  by  It, 
and  may  procure  insurance  thereon  in  its  own  behalf 
for  its  protection  against  such  damages;  provided,  in 
all  actions  instituted  under  this  Act  the  burden  of  prov- 
ing the  defense  of  contributory  negligence  shall  be  upon 
the  defendant.  Such  defense  may  be  proved  without 
special  plea;  provided,  that  this  Act  shall  not  be  con- 
strued to  prevent  or  affect  in  anywise  fire  clauses  which 
may  be  inserted  in  contracts  between  railroad  companies 
and  other  parties,  relative  to  the  construction  of  and 
operation  over  private  sidetracks. 

Railroad  corporations  defined.  §  2.  The  term  "rail- 
road corporations"  contained  in  this  Act  shall  be  deemed 
and  taken  to  mean  all  corporations,  companies  and  in- 
dividuals now  owning  or  operating,  or  which  may  here- 
after own  or  operate,  any  railroad  within  this  State. 

SWITCH    LIGHTS. 

[Approved  March  6,  1911.] 
Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana: 
Railroads — Switch  lights — Derailing  devices.  §  1.  That 
§  2  of  the  above  entitled  Act  be  amended  to  read  as  fol- 
lows: §  2.  That  every  steam  railroad  company  oper- 
ating wholly  or  partly  in  the  State  of  Indiana  shall 
maintain  a  signal  light  as  in  §  1  described  and  provided, 
attached  to  and  operated  by  the  moving  panel  of  every 
derail  switch  in  the  State  of  Indiana.  Said  light  shall 
be  attached  to  such  derail  switch  and  be  in  plain  view 
to  all  approaching  trains,  and  kept  brightly  burning  con- 
stantly between  the  hours  of  sunset  and  sunrise.  At 
every  derailing  device  placed  upon  or  over  a  track  or 
rail  used  by  any  railroad  company  in  this  State,  for  the 
purpose  of  derailing  cars,  trains  or  parts  of  trains, 
there  shall  be  placed  and  maintained  a  brightly  burning 
light  kept  in  plain  view  of  approaching  trains,  cars  or 
engines,  indicating  and  showing  the  location  and  posi- 
tion of  such  derailing  device,  which  light  shall  be  kept 
burning  brightly  from  sunset  to  sunrise  of  every  day; 
provided,  that  this  section  shall  not  apply  to  the  derails 
which  are  connected,  mechanically  or  otherwise,  with 
what  is  generally  designated  as  the  home  signal  at 
interlockings,  nor  to  derailing  devices  used  on  tracks 
used   exclusively  for  private  purposes. 

Title  amended.  §  2.  That  the  title  of  the  above  entitled 
Act  be  amended  to  read  as  follows:  "An  Act  providing 
for   the   regulation   of   the  operation   of   steam    railroads. 


498 


National  Association  of  Railway  Commissioners 


providiiig  for  signal  lights  upon  tracks,  and  providing  a 
penalty  and  liability  for  the  violation  thereof,  and  repeal- 
ing all  laws  and  parts  of  laws  in  so  tar  as  they  conflict 
therewith. 

Repeal.  §  3.  All  laws  and  parts  of  laws  in  conflict  here- 
with are  hereby  repealed. 

STATION    BUILDINGS. 

[Approved  March  6,  1911.] 
Be  it   enacted   by   the  general  assembly  of   the   State  of 
Indiana : 

Railroads — Depot  buildings.  §  1.  That  it  shall  be  the 
duty  of  every  steam  railroad  company  to  provide  and 
maintain  adequate  depots  and  depot  buildings  and  to 
keep  such  depots  clean,  well  lighted  and  warm  for  the 
accommodation    of    the    traveling    public. 

Depot  destroyed — New  station — Penalty.  §  2.  Whenever 
any  passenger  depot  shall  be  destroyed  it  shall  be  the  duty 
of  the  railroad  company  to  construct  a  new  station  ap- 
proved by  the  railroad  commission  and  have  the  same 
ready  for  use  within  six  months  thereafter.  No  box  car 
shall  be  used  for  depot  purposes  in  any  case  for  a  period 
longer  than  six  months,  and  every  day's  failure  to  pro- 
vide a  suitable  depot  for  every  day's  use  of  any  box 
car  as  a  depot  for  a  period  longer  than  six  months 
shall  subject  the  railroad  company  to  a  fine  of  $25  for  each 
day,  to  be  collected  by  a  suit  instituted  in  the  name  of  the 
State  of  Indiana  on  the  relation  of  the  prosecuting  attor- 
ney or  any  citizen  of  the  county  in  which  such  station  is 
located;  provided,  that  the  State  railroad  commission  may 
on  a  proper  showing  extend  such  time  if  it  deems  an  ex- 
tension necessary. 

Railroad  commission — Enforcement.  §  3.  It  shall  be  the 
duty  of  the  railroad  commission  to  enforce  the  provision 
of  §1  of  this  Act.  "Whenever  a  petition  has  been  filed 
with  the  railroad  commission,  signed  by  not  less  than  25 
patrons  of  the  railroad  at  such  station  setting  forth  that 
the  depot  facilities  are  not  in  conformity  with  the  provi- 
sions of  §  1  of  this  Act,  it  shall  be  the  duty  of  the  com- 
mission to  make  such  investigation  as  may  be  necessary 
and  if  said  commission  shall  determine  that  the  depot 
facilities  are  not  suitable  and  not  in  conformity  with  this 
Act,  they  shall  direct  the  railroad  company  to  provide 
such  facilities  as  shall  be  in  conformity  with  the  provisions 
of  this  Act. 

FLAGGING   RULES. 

[Approved  March  6,  1911.] 
Be  it   enacted   by   the  general   assembly   of   the  State  of 
Indiana: 

Railroad  —  Sectionmen  —  Flagging  rules.  §1.  That  it 
shall  be  unlawful  for  any  steam  railroad  company  doing 
business  in  the  State  of  Indiana  to  permit  any  foreman 
or  person  having  charge  of  sectionmen  employed  for  the 
purpose  of  building,  constructing  and  repairing  railroad 
tracks  to  operate  with  such  sectionmen  outside  of  yard 
limits,  without  such  foreman  or  person  having  two  men 
in  such  section  who  are  capable  of  passing  the  examination 
of  flagging  rules  of  such  company. 

Penalty.  §  2.  If  any  person  shall  knowingly  engage, 
require,  persuade,  prevail  upon  or  cause  any  foreman  or 
person  to  violate  §  1  of  this  Act  he  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not 
less  than  $25  nor  more  than  $100  for  each  offense. 

WIRES   OVER  railroad  TRACKS. 

[Approved  March  6,  1911.] 
Be  it  enacted  by  the  general  assembly  of  the  State  of 
Indiana: 
Railroads — Wires  crossing  tracks.  §  1.  That  it  shall  be 
unlawful  for  any  person,  firm  or  corporation  hereafter  to 
string  or  maintain  any  wire,  electric  or  other,  over  the 
tracks  of  any  steam,  street  or  interurban  street  railroad 
company  except  in  accordance  with  the  provisions  of  this 
section.  All  such  wires  except  the  trolley  wires  of  street 
or  interurban  street  railroad  companies  shall  be  suspended 
over  double  cross  arms  attached  to  a  pole  at  each  side  of 
the  crossing  unless  a  different  construction  for  the  support 
of  such  wires  be  first  approved  by  the  railroad  commis- 
sion of  Indiana.  The  poles,  if  wooden  are  used,  shall  not 
be  less  than  6  inches  in  diameter  at  the  top  nor  less  than 
12  inches  at  the  surface  of  the  ground;  if  iron  poles  are 
used    they   shall    not   be   less   than   3    inches   at   the   top 


and  not  less  than  5  inches  at  the  surface  of  the  ground; 
set  not  less  than  6  feet  in  the  ground  and  well  tamped 
and  securely  guyed;  and  unless  the  railroad  right-of-way, 
steam,  street  or  interurban  is  not  of  greater  width,  shall 
be  set  not  more  than  100  feet  apart  at  such  crossings. 
All  such  wires  shall  be  tied  to  insulators  or  pins  set  in  the 
cross  arms.  The  cross  arms  shall  be  attached  to  the  poles 
by  machine  bolts  and  braced  by  at  least  one  iron  brace 
from  each  cross  arm  to  the  pole.  And  all  telephone  and 
telegraph  wires  hereafter  suspended  over  the  right-of-way 
of  any  railroad,  or  street  or  interurban  street  railroad, 
or  any  renewals  of  wires  now  in  use  at  such  crossings 
shall  be  of  copper  or  aluminum.  All  such  wires  shall  be 
maintained  not  less  than  25  feet  above  the  surface  of  the 
rails  at  such  crossings;  provided,  that  in  case  of  trolley 
feed  and  other  wires  of  any  electric  railroad  extending 
over  the  tracks  of  any  steam  railroad  in  this  State,  the 
height  of  such  wires  above  the  surface  of  the  rails  of  such 
steam  railroads  shall  be  not  less  than  22  feet;  and  provided, 
further,  that  transmission  power  wires  shall  not  be  less 
than  35  feet  above  the  level  of  the  tops  of  the  rails  of  any 
steam,  street  or  interurban  street  railroad  unless  a  different 
height  be  permitted  by  the  railroad  commission  of  Indiana. 

Transmission  wires — Height — Support — Towers  or  poles. 
§  2.  It  shall  be  unlawful  hereafter  for  any  corporation  or 
person  to  construct  or  maintain  any  wire  for  the  trans- 
mission of  power  by  electric  current  having  a  voltage  of 
700  or  over,  except  trolley  and  trolley  feed  wires,  o/er 
the  tracks  of  any  steam,  street  or  interurban  street  nil- 
road  unless  the  same  is  suspended  at  the  height  of  35 
feet  above  the  level  of  the  top  of  the  rails  where  such 
wire  also  crosses  the  line  of  any  telegraph,  telephone  or 
other  wire.  Such  transmission  power  wire  shall  be  sap- 
ported  either  by  wooden  or  iron  poles  or  iron  towers  ;  nd 
shall  be  securely  fastened  thereto.  The  towers  or  pc  les 
and  other  structures  supporting  the  crossing  span  si  all 
be  self-supporting  or  be  so  guyed  as  to  be  self-supportl  ig. 
The  crossing  span  shall  not  exceed  200  feet  in  length  in- 
less  authorized  by  the  railroad  commission  of  India  la. 
Foundations  for  towers  or  other  structures  shall  be  le- 
signed  to  resist  overturning  and  shall  be  extended  abive 
the  ground  as  a  protection  to  such  structure,  and  si  ch 
transmission  power  wire  shall  be  protected  by  wire  basl  et, 
supporting  cable,  or  other  device  from  falling  upon  ot!  er 
wires  or  the  tracks  of  such  railroads.  Before  any  per!  on 
or  corporation  shall  construct  any  such  transmission  po\  er 
wire  over  the  tracks  of  any  such  railroad  such  person  or 
corporation  shall  submit  plans  and  drawings  therefor  to 
the  railroad  commission  of  Indiana  and  such  commiss  on 
shall  have  power  to  approve  or  make  such  alterations  or 
changes  therein  as  will  make  the  same  conform  to  he 
provisions  of  this  Act,  and  it  shall  be  unlawful  to  str  ng 
any  such  wire  over  any  steam,  street  or  interurban  str  set 
railroad  without  the  approval  of  such  commission. 

Railroad  commission — Order.  §  3.  After  the  passage  of 
this  Act,  the  railroad  commission  of  Indiana,  upon  infori  la- 
tion  obtained  through  its  inspection  department  or  otl  er- 
wise  that  any  wire  or  wires  crossing  any  steam,  str  ;et 
or  interurban  street  railroad,  as  referred  to  in  §  1  of  t  lis 
Act,  should  be  raised  to  a  greater  height  or  other  th  ng 
done  with  reference  thereto  to  guard  against  accide  its 
and  to  conform  to  this  Act,  shall  order  such  change  or 
changes  to  be  made  and  the  expense  thereof  shall  be 
borne  by  the  companies  or  persons  owning  or  operaf  ng 
such  wires. 

Commission  to  enforce — Penalty.  §4.  The  railroad  com- 
mission of  Indiana  is  hereby  vested  with  authority  to  en- 
force the  provisions  of  this  Act,  and  any  person,  firm  or 
corporation  ordered  by  the  commission  to  change  its  wires 
so  as  to  comply  with  this  Act,  failing  to  comply  with  s\ich 
order  within  30  days  from  the  service  thereof,  shall  be 
liable  for  a  penalty  or  forfeiture  of  $25,  and  to  a  like 
penalty  or  forfeiture  for  every  30  days  during  which  it 
shall  fail  to  comply  with  the  order  of  the  commission, 
unless  a  greater  length  of  time  to  make  such  change  shall 
be  specified  by  the  commission  in  said  order,  or  upon 
cause  shown.  Any  such  penalty  or  forfeiture  may  be  re- 
covered in  an  action  brought  in  the  name  of  the  Slate 
of  Indiana  on  the  relation  of  the  attorney-general.  In 
the  event  of  a  recovery  under  this  Act,  fhe  judgment  shall 
include  a  docket  fee  of  $20  which  shall  inure  to  the  benefit 
of  the  attorney-general  and  the  same  shall  be  taxed  as 
costs. 


Public  Service  Laws 


499 


Repeal.  §  5.  All  laws  and  parts  of  laws  In  conflict  here- 
with are  hereby  repealed. 

BUYING   CURRENT. 

[Approved  March  4,  1911.] 
Be  it  enacted  iy  the  general  assemhly  of  the  State  of 
Indiana: 
Railroads,  electric — Contract — Guarantee  of  bonds.  §  1. 
That  any  company  operating  a  railway  by  electricity  may 
contract  with  any  hydraulic  or  other  company,  incorporated 
or  to  be  incorporated  for  the  furnishing  of  electrical  cur- 
rent for  the  purposes  of  such  railway,  and,  as  a  part  of 
such  contract,  in  order  to  enable  such  hydraulic  or  other 
company  to  furnish  such  current,  such  railway  company 
may  guarantee  or  agree  to  guarantee  payment  of  the  pre- 
ferred stock  and  dividends  thereon  or  of  the  bonds  and 
Interest  thereon  of  such  hydraulic  or  other  company. 

CONDITIONAL   SALES   OF   ROLLING   STOCK. 

Burns'  Indiana  Statutes,  1908. 

Sale  of  rolling  stock — Vendor's  lien.  §  5526.  (5401.)  1 
[as  amended  by  Act  approved  March  2,  1911].  That  in  any 
written  contract  of  or  for  the  sale  of  railroad  equipment  or 
rolling  stock,  ueliverable  immediately  or  subsequently  at 
stipulated  periods,  by  the  terms  of  which  the  purchase 
money,  in  whole  or  in  part,  is  to  be  paid  in  the  future,  it 
may  be  agreed  that  the  title  to  the  property  so  sold  or  con- 
tracted to  be  sold  shall  not  pass  to  or  vest  in  the  vendee 
until  the  purchase  money  shall  have  been  fully  paid,  or 
that  the  vendor  shall  have  and  retain  a  lien  thereon  for  the 
unpaid  purchase  money,  notwithstanding  delivery  thereof 
to  and  possession  by  the  vendee;  provided,  that  the  terms 
of  credit  for  the  payment  of  the  purchase  money  shall  not 
exceed  15  years  from  the  execution  of  the  contract. 

Conditional  sale.  §5527.  (5402.)  2.  In  any  written 
contract  for  the  leasing  or  renting  of  railroad  equipment 
of  rolling  stock  it  shall  be  lawful  to  stipulate  for  a  condi- 
tional sale  thereof  at  the  termination  of  such  lease,  and 
to  stipulate  that  the  rental  received  may,  as  paid  or  when 
paid  in  full,  be  applied  and  treated  as  purchase  money, 
and  that  the  title  to  such  property  shall  not  vest  in  such 
lessee  or  vendee  until  the  purchase  money  shall  have  been 
paid  in  full,  notwithstanding  delivery  to  and  possession 
by  such  lessee  or  vendee,  subject,  however,  to  the  proviso 
contained  in  §  1  of  this  Act. 

When  valid.  §  5528.  (5403.)  3.  Every  such  contract 
specified  in  §  §  1  and  2  shall  be  good,  valid  and  effectual, 
both  in  law  and  equity,  against  all  purchasers  and  cred- 
itors; provided,  first,  the  same  shall  be  acknowledged  by 
the  vendees  or  lessees  before  some  ofBcer  authorized  to  take 
acknowledgments  of  deeds;  second,  such  instrument  shall 
be  recorded  within  60  days  after  its  execution  in  the  office 
of  the  secretary  of  State  in  Indianapolis,  Indiana,  and 
when  so  recorded  in  the  office  of  the  secretary  of  State, 
shall  be  valid  and  binding  so  far  as  all  property  covered 
by  the  same  is  concerned,  no  matter  in  what  part  or  por- 
tion of  the  State  the  same  may  be  at  any  time;  third, 
each  locomotive  engine  or  car  so  sold  or  contracted  to  be 
sold  or  leased  as  aforesaid  shall  have  the  name  of  the 
vendor  or  lessor,  or  the  assignee  of  such  vendor  or  lessor, 
plainly  placed  or  marked  on  each  side  thereof,  or  to  be 
otherwise  marked  so  as  to  indicate  the  ownership  thereof, 
and  when  the  vendor  is  a  citizen  of  Indiana  then,  in  addi- 
tion to  the  recording  hereinbefore  required,  the  vendor 
shall  record  in  the  county  where  the  vendor  lives.  (As 
amended,  Acts  1893,  p.  297.) 

Prior  contracts.  §5529.  (5404.)  4.  This  Act  shall  not 
be  held  to  apply  to  or  invalidate  any  contract  heretofore 
made  of  the  character  described  in  the  first  or  second  sec- 
tion, but  the  same  shall  be  and  remain  valid,  if  already 
acknowledged  and  recorded  as  herein  provided,  or  if  ac- 
knowledged and  recorded  as  herein  provided  within  six 
months  from  the  passage  of  this  Act. 

Acknowledgments.  §5530.  (5405.)  5.  The  acknowl- 
edgments of  such  contracts  may  be  made  in  the  form  re- 
quired as  to  conveyances  of  real  estate. 

BILLS   OF  LADING. 

[Approved  March  4,  1911.] 

Be   it   enacted    hy   the   general   assembly   of   the   State   of 

Indiana: 

Railroads — Common   carrier — Bill    of    lading — Liability. 

%  1.     That   a   common   carrier,   railroad   or   transportation 

company  Issuing  any  receipt  or  bill  of  lading  covering  prop- 


erty received  for  transportation  between  points  in  the  State 
of  Indiana  shall  be  liable  to  the  lawful  holder  of  such 
receipt  or  bill  of  lading  for  any  loss,  damage  or  injury 
to  such  property  caused  by  said  carrier,  railroad  or  trans- 
portation company,  or  by  any  common  carrier,  railroad  or 
transportation  company  to  which  such  property  may  be 
delivered,  or  over  whose  line  or  lines  such  property  may 
pass,  and  no  contract,  receipt,  rule  or  regulation  shall 
exempt  such  common  carrier,  railroad  or  transportation 
company  from  the  liability  hereby  imposed;  provided,  that 
nothing  in  this  section  shall  deprive  any  holder  of  such 
receipt  or  bill  of  lading  of  any  remedy  or  right  of  action 
which  he  has  under  existing  law  other  than  this  Act. 

Loss — Recovery  by  carrier.  §  2.  That  the  common  car- 
rier, railroad  or  transportation  company  issuing  such  re- 
ceipt or  bill  of  lading  shall  be  entitled  to  recover  from  the 
common  carrier,  railroad  or  transportation  company  on 
whose  line  the  loss,  damage  or  injury  shall  have  been  sus- 
tained the  amount  of  such  loss,  damage  or  injury  as  it  may 
be  required  to  pay  to  the  owners  of  such  property  as  may 
be  evidenced  by  any  receipt,  judgment  or  transcript  thereof. 

Claims — Proceedings.  §  3.  That  every  claim  for  loss  of 
or  damage  to  freight  transported  wholly  between  points 
within  the  State  of  Indiana  may  be  presented  to  the  agent 
of  the  carrier  who  issued  the  receipt  or  bill  of  lading 
therefor  or  to  the  freight  agent  or  representative  of  such 
carrier  at  the  point  of  destination,  or  to  any  freight  agent 
of  any  carrier  In  whose  possession  such  freight  was  when 
lost  or  damaged,  and  when  so  presented  shall  be  paid  or 
rejected  by  such  carrier  within  90  days  tiierefrom,  and  if 
neither  paid  nor  rejected  in  whole  or  in  part  within  such 
time,  such  claim  shall  stand  admitted  as  a  liability  due 
and  payable  to  the  full  amount  thereof  against  any  such 
carrier,  and  may  be  recovered  in  any  court  having  com- 
petent jurisdiction.  In  case  of  rejection,  such  carrier  shall 
return 'all  papers  received  from  the  claimant,  together  with 
a  statement  of  the  grounds  for  rejection,  and  no  other  or 
different  grounds  shall  be  thereafter  stated  or  relied  on 
against  such  claim,  except  such  as  may  thereafter  be  dis- 
covered by  such  carrier,  and  shall  in  such  statement  make 
offer  of  settlement  as  it  may  desire  to  make,  and  which 
shall  be  paid  upon  written  acceptance  by  the  claimant  and 
shall  discharge  such  claim.  Such  claimant,  if  he  desire  to 
pursue  such  claim,  may  do  so  by  presenting  same,  together 
with  the  statement  of  the  carrier,  to  the  railroad  commis- 
sion of  Indiana,  who  shall  have  power  to  entertain  such 
claim  and  notify  such  carrier,  and  to  investigate  such  claim 
and  to  ascertain  all  the  facts  and  circumstances  concern- 
ing the  transaction,  and  to  make  to  the  parties  a  concise 
statement  of  the  respective  contentions  and  offers  of  the 
parties  and  of  the  evidence,  together  with  a  suggestion  that 
the  claim  be  abandoned,  or  paid,  and  if  the  latter,  in  what 
amount.  Such  suggestion  shall  be  made  in  the  same  man- 
ner as  notices  are  given  by  said  commission  in  other  cases 
and  shall  constitute  a  rebuttable  presumption  in  any  court 
or  proceeding  of  the  correctness  or  incorrectness  of  such 
claim  and  of  the  proper  amount  thereof.  If  within  15 
days  after  any  such  suggestion  any  carrier  to  which  a  sug- 
gestion has  been  made  that  a  claim  be  paid  has  not  paid 
the  same,  or  any  claimant  to  whom  a  suggestion'  has  been 
made  that  he  abandon  such  claim  has  not  signified  in 
writing  to  such  carrier  such  abandonment,  or  has  refused 
a  tender  of  the  suggested  payment,  the  railroad  commis- 
sion shall,  upon  a  showing  thereof  by  the  aggrieved  party 
or  by  someone  acting  in  his  or  its  behalf,  and  on  payment 
to  said  commission  of  the  amount  of  any  such  tender, 
make  and  certify  a  transcript  of  the  matters  theretofore 
stated  to  the  parties,  and  containing  such  suggestion,  and 
send  the  same,  with  any  such  tendered  sum,  to  the  clerk 
of  the  Circuit  Court  of  the  county  at  the  place  of  the 
original  presentation  of  such  claim,  who  shall  enter  and 
docket  the  same  as  a  civil  cause  in  said  court,  and  issue 
summons  therein  to  the  carrier  and  to  the  claimant  and 
to  any  other  person  named  in  said  transcript  as  being 
interested  in  such  claim,  and  make  the  same  returnable 
15  days  thereafter,  and  if  the  party  not  theretofore  com- 
plying with  the  suggestion  of  the  railroad  commission 
shall  not  appear  in  said  court  within  15  days  after  such 
return  day  to  contest  the  said  suggestion  or  claim,  he  may 
not  do  so  thereafter,  but  a  note  of  his  non-appearance 
shall  be  made  by  the  court  and  a  finding  made  according  to 
the  sugcastion;  but  if  such  party  appear  he  may  contest 
such  suggestion  or  claim  under  the  rules  and  laws  applic- 
able to  civil  cases,  and  such  tendered  sum  shall  be  held. 


500 


Natioxal  Association  of  Eailway  Commissioners 


applied  and  disbursed  as  in  other  cases.  In  ttie  event  'any 
defense  be  offered  or  claimed  not  previously  brought  to 
the  attention  of  the  claimant  as  being  relied  on  by  the  car- 
rier, the  court  shall  upon  informal  request  therefor  give 
such  time  to  meet  the  same  as  may  be  proper  under  the 
pircumstances.  All  claims  under  this  Act  shall  be  in  writ- 
ing, itemized  and  verified  by  the  person,  firm  or  corporation 
entitled  by  this  or  any  other  Act  or  by  the  common  law 
to  make  a  claim  for  any  such  loss  or  damage,  or  by  his, 
their  or  its  agent,  officer  or  attorney,  and  shall  briefly 
direct  attention  to  the  shipment  in  question  and  concisely 
but  informally  state  the  claim,  and  shall  have  attached 
thereto  the  bill  of  lading  and  original  paid  freight  bill  if 
in  the  possession  of  the  claimant.  The  claimant  shall,  at 
any  time  while  his  claim  is  pending  with  the  carrier, 
upon  specific  written  request  therefor,  deliver  to  the  car- 
rier the  original  or  a  copy  of  any  paper  in  his  possession, 
and  issued  by  any  carrier,  and  pertaining  to  such  ship- 
ment, and  any  unwarranted  delay  on  the  part  of  the  claim- 
ant in  so  doing  shall  to  the  extent  of  such  delay  extend 
said  90-day  period. 

Application  of  Act.  §  4.  The  remedies  and  procedure 
provided  in  this  Act  shall  apply  to  all  cases  of  loss  of  or 
damage  to  freight  by  any  carrier  thereof  engaged  in  its 
transportation  from  a  point  without  to  a  point  within  the 
State  of  Indiana,  and  occurring  while  such  freight  is  in 
the  possession  of  such  carrier  within  the  State  of  Indiana, 
except  that  the  claim  therefor  shall  be,  in  all  cases  where 
this  Act  is  invoked,  presented  to  the  freight  agent  of  the 
carrier  at  the  point  of  destination,  and  the  transcript 
of  the  railroad  commission  shall  go  to  the  clerk  of  the 
Circuit  Court  of  the  county  within  which  such  place 
lies. 

Judgment  of  court.  §  5.  In  case  the  finding  of  any 
court  or  jury  shall  be  in  favor  of  the  claimant  and  shall 
be  for  as  great  or  in  case  of  a  tender  a  greater  amount 
than  named  in  such  suggestion,  then  the  court  shall  to  the 
amount  so  found  add  in  favor  of  such  claimant  the  sum  of 
?25  and  make  the  same  a  part  of  the  judgment  against  such 
carrier,  and  in  every  case  of  judgment  the  costs  shall 
follow  the  execution  and  appeal  may  be  had  as  in  other 
civil  cases.  In  case  such  finding  be  the  same  or  less  than 
the  amount  of  any  such  tender,  then  said  penalty  of  $25 
shall  be  assessed  against  the  claimant  in  favor  of  the 
carrier  which  shall  have  credit  or  judgment  in  such  amount, 
with  costs,  and  a  like  penalty  shall  be  assessed  when  the 
finding  is  against  the  claimant  following  any  suggested 
abandonment  of  claim;  provided,  that  no  penalty  whatever 
shall  be  assessed  against  any  claimant  when  any  defense 
is  for  the  first  time  set  up  or  relied  upon  in  said  court. 

Period  of  filing  claims.  §  6.  All  claims  made  under  this 
Act  shall  be  presented  originally  within  four  months  from 
the  date  of  the  shipment  involved,  but  no  claim  shall  be 
filed  under  this  Act  until  after  the  arrival  of  the  shipment 
or  some  part  thereof  at  the  point  of  destination,  or  until 
after  the  lapse  of  a  reasonable  time  for  the  arrival  thereof. 

Provisions  cumulative.  §  7.  The  provisions  of  this  Act 
shall  be  cumulative  of  all  other  rights  and  remedies  of  the 
parties. 

QUOTATION    OF    RATES. 

[Approved  March  4,  1911.] 

Be  it  enacted   by   the  general  assembly  of   the   State  of 
Indiana: 

Railroads — Common  carrier — Freight  rate  quotations. 
%  1.  That  from  and  after  the  passage  of  this  Act  it  shall 
be  the  duty  of  every  common  carrier  doing  an  intrastate 
business  within  Indiana  upon  written  request  therefor,  by 
any  person  who  is  a  bona  fide  prospective  shipper  or  re- 
ceiver of  freight  or  who  has  a  bona  fide  interest  therein, 
made  upon  any  general  or  local  freight  or  station  agent 
of  such  earner,  oy  any  person,  firm  or  corporation,  to 
furnish  and  give  a  written  statement  of  the  rate  or  charge 
applicable  to  a  described  shipment  between  stated  points 
or  places  in  Indiana  under  the  schedules  or  tariffs  to  which 
such  carrier  is  a  party,  within  a  reasonable  time;  and  If 
Buch  carrier  shall  refuse  or  omit  to  give  such  statement 
within  a  reasonable  time,  or  shall  misstate  In  writing  the 
applicable  rate,  and  If  the  person,  firm  or  corporation  mak- 
ing such  request  suffers  In  consequence  of  such  refusal  or 
omission  or  in  consequence  of  the  misstatement  of  the 
rate,  either  through  making  the  shipment  over  a  line  or 
route  for  which  the  proper  rate  Is  higher  than  the  rate 


over  another  available  line  or  route,  or  through  entering 
into  any  sale,  purchase  or  contract  whereunder  such  per- 
son, firm  or  corporation  obligates  himself,  themselves  or 
itself,  or  becomes  obligated  to  make  or  receive  such  ship- 
ment of  freight  at  his,  their  or  its  cost,  then  the  said  carrier 
shall  be  liable  to  a  penalty  of  not  less  than  $100  nor  more 
than  $250,  which  shall  accrue  to  the  State  of  Indiana,  and 
be  recovered  together  with  reasonable  attorneys'  fees,  in  a 
civil  action  by  the  railroad  commission  of  Indiana,  and 
shall  also  be  liable  to  the  person,  firm  or  corporation  in- 
jured as  aforesaid  for  the  amount  of  such  injury,  together 
with  6  per  cent  interest  thereon  from  the  date  of  such  In- 
jury, and  reasonable  attorneys'  fees;  provided,  that  no 
such  liability  shall  be  discharged  by  such  carrier  unless 
the  same  be  approved  by  the  railroad  commission  of  Indi- 
ana as  being  free  from  any  attempt  or  purpose  to  evade 
any  other  law  of  this  State;  and  provided,  further,  that, 
if  during  the  course  of  any  action  upon  such  liability  to 
the  person  injured,  it  shall  appear  to  the  satisfaction  of 
the  court  or  jury  trying  any  such  cause  that  the  parties 
have  combined  or  agreed  to  obtain  or  allow  any  undue 
advantage  or  rebate  or  preference  to  such  Injured  persor, 
upon  a  finding  to  that  effect,  such  cause  shall  be  dismisseil 
and  the  dismissal  and  finding  reported  by  said  court  to 
the  railroad  commission  of  Indiana  and  to  the  proper 
prosecuting  attorney  having  jurisdiction  of  any  offensj 
therein  involved. 


Commission's  judgment — Appeal.     §  2.     Such  dismissal 
shall  be  taken  and  deemed  a  final  judgment,  and  appeal  ma; 
be  taken  therefrom   or  from   any  other  judgment   in   a: 
such  cause  the  same  as  in  other  civil  cases. 

Settlement — Exemption  from  prosecution.  §  3.  No  car 
rier  making  any  settlement  or  payment  upon  the  approva, 
of  the  said  commission  or  pursuant  to  a  judgment  or  order 
of  court  under  this  Act  shall  be  liable  for  any  penalty 
or  forfeiture  or  subject  to  any  prosecution  under  any  othei 
law  of  this  State  on  account  of  the  said  payment  or  settle 
ment. 

Information — Failure  to  give.  §  4.  The  commlssloi 
may  require  from  any  person,  firm  or  corporation  an] 
information  deemed  by  said  commission  necessary  to  tlM 
determination  of  the  question  whether  it  shall  give  it} 
approval  to  any  such  claim,  and  if  the  same  be  refuse! 
by  the  Injured  person,  may  decline  said  claim,  and  It  shal 
not  be  sued  upon  thereafter;  if  such  information  be  refusec 
or  request  therefor  evaded  or  the  search  for  informatlor 
by  the  commission  be  made  difficult  by  the  carrier,  sucl 
commission  shall  endorse  such  fact  on  said  claim  and  It 
shall  thereafter  support  an  action  as  if  approved  by  thf 
commission. 


STATEMENTS  BY  EXPRESS   COMPANIES. 


J 


^ 


An    Act    approved    March    7,    1911,    amends    §    1021 
Burns'    Revised     Statutes,    In    reference    to    the    annua! 
statement  to  be  made  by  express  companies  to  the  audj 
tor-general   for   purposes   of   taxation,   so   as   to   read 
follows: 

Taxation  —  Express     companies  —  Annual    statement. 
§  10220.     (3.)     Every  joint  stock  association,  company,  co- 
partnership  or   corporation   incorporated   or   acting   undei 
the  laws  of  this  or  any  other  State,  or  any  foreign   na 
tion  engaged  in  conveying  to,  from,  through.  In  or  across 
this    State,   or   any   part   thereof,   money,   packages,   gold 
silver,     plate,     merchandise,     freight     or     other     articles 
under   any   contract,    express    or    implied,    with    any    rail- 
road   company   or   the   managers,    lessees,    agents,    or 
celvers    thereof,    provided    such    stock    association,    coi 
pany,  copartnership  or  corporation  is  not  a  railroad  con 
pany,  shall  be  deemed  and  held  tp  be  an  express   con 
pany    within    the    meaning   of    this    Act,    and    every    sucl 
express   company    shall   annually,   between   the    first   day 
of  March   and   the  fifteenth   day  of  May,  make   out   and 
deliver   to  the   auditor   of   State   a   statement,   verified  Mi 
the  oath  of  the  officer  or  agent  of  such  association,  coi^f 
pany,    copartnership    or    corporation    making    such    stat 
ment  with  reference  to  the  first  day  of  March  next  pr 
ceding,  showing: 

First.      The    total    capital    stock    or    capital    of    sal 
association,   company,   copartnership  or  corporation. 

Second.     The    number   of   shares   of   capital   stock 
sued  and  outstanding  and  the  par  or  face  value  of  eacn 
share,  and  in  case  no  shares  of  capital  stock  are  issued, 


Public  Service  Laws 


501 


In  what  manner  the  capital  thereof  is  divided  and  in 
what  manner  such  holdings  are  evidenced. 

Third.     Its   principal   place   of   business. 

Fourth.  The  actual  value  of  the  said  shares  of  stock 
on  the  first  day  of  March  next  preceding;  and  in  case 
no  shares  of  stock  have  been  issued  state  the  actual 
value  of  the  capital  thereof  and  the  manner  in  which 
the  same  is  divided. 

Fifth.  The  market  quotation  for  said  shares  of  stock, 
if  there   is   such   market  quotation. 

Sixth.  The  dividends  which  have  been  paid  during 
the  year  last  preceding  the  making  of  said  report  on 
said  stock;  the  amount  of  the  surplus  or  reserve  fund 
of  said  joint  stock  association,  company,  copartnership 
or  corporation  and  its  net  income  from  the  express 
business  during  the  year  last  preceding  the  filing  of  said 
report. 

Seventh.  The  real  estate,  structures,  machinery,  fix- 
tures and  appliances  owned  by  said  association,  com- 
pany, copartnership  or  corporation,  and  subject  to  local 
taxation  within  the  State  of  Indiana,  and  the  location 
and  assessed  value  thereof  in  each  county  or  township 
where  the  same  is  assessed  for  local  taxation. 

Eighth.  The  specific  real  estate,  together  with  the 
Improvement  thereon,  owned  by  said  association,  com- 
pany, copartnership  or  corporation,  situate  outside  the 
State  of  Indiana  and  not  used  directly  in  the  conduct 
of  the  business,  with  a  specific  description  of  each  piece, 
where  located,  the  purpose  for  which  the  same  is  used, 
and  the  sum  at  which  the  same  is  assessed  for  taxation 
in  the  locality  where  situated. 

Ninth.  All  mortgages  upon  the  whole  or  any  part 
of  Its  property,  together  with  the  dates  and  amounts 
thereof. 

Tenth,  (a)  The  total  length  of  the  lines  or  routes 
over  which  such  association,  company,  copartnership  or 
corporation  transports  such  merchandise,  freight  or  ex- 
press  matter. 

(b)  The  total  length  of  such  lines  or  routes  as  arc 
outside  the  State  of  Indiana. 

(c)  The  length  of  such  lines  or  routes  within  each 
of  the  counties  and  townships  within  the  State  of  Indi- 
ana. 

The  same  statute  amends  §  10226  so  as  to  read  as  fol- 
lows: 

Manner  of  assessment.  §  10226.  (7.)  Said  State  board 
of  tax  commissioners  shall  first  ascertain  the  true  cash 
value  of  the  entire  property  owned  by  said  association, 
company,  copartnership  or  corporation  from  said  state- 
ments, or  otherwise,  for  that  purpose,  taking  the  aggre- 
gate actual  value  of  all  the  shares  of  the  capital  stock 
of  said  association,  company,  copartnership  or  corpora- 
tion, and  in  case  said  association,  company,  copartner- 
ship or  corporation  has  no  shares  of  stock,  taking  the 
actual  value  of  the  capital  of  said  association,  com- 
pany, copartnership  or  corporation,  in  whatever  man- 
ner the  same  is  divided;  provided,  however,  that  in 
case  the  whole  or  any  part  of  the  property  of  such  asso- 
ciation, company,  copartnership  or  corporation  shall  be 
encumbered  by  a  mortgage  or  mortgages,  such  board 
shall  ascertain  the  true  cash  value  of  such  property  by 
adding  to  the  actual  value  of  the  aggregate  shares  of 
stock,  or  to  the  value  of  the  capital,  in  case  there  shall 
be  no  such  shares,  the  aggregate  amounts  of  such  mort- 
gages or  mortgage,  and  the  result  shall  be  deemed  and 
treated  as  the  true  cash  value  of  the  property  of  such 
corporation.  Such  board  of  tax  commissioners  shall,  for 
the  purpose  of  ascertaining  the  true  cash  value  of  the 
property  within  the  State  of  Indiana,  next  ascertain 
from  such  statements,  or  otherwise,  the  assessed  value 
for  taxation  in  the  localities  where  the  same  is  situ- 
ated, of  the  several  pieces  of  real  estate  situate  without 
the  State  of  Indiana,  and  not  specifically  used  in  the 
general  business  of  such  association,  company,  copart- 
nership or  corporation;  which  said  assessed  values  for 
taxation  shall  be  by  said  board  deducted  from  the  gross 
value  of  the  property,  as  above  ascertained.     Said  State 


board  of  tax  commissioners  shall  next  ascertain  and  as- 
sess the  true  cash  value  of  the  property  of  such  associ- 
ations, companies,  copartnerships,  corporations  or  persona 
within  the  State  of  Indiana,  by  taking  the  proportion  of 
the  whole  aggregate  value  of  said  associations,  com- 
panies, copartnerships,  corporations  or  persons  as  above 
ascertained,  after  deducting  the  assessed  value  of  such 
real  estate  without  the  State,  which  length  of  lines  of 
said  associations,  companies,  copartnerships,  corpora- 
tions or  persons  in  the  case  of  telegraph  and  telephone 
companies  within  the  State  bears  to  the  total  length 
of  lines  thereof,  and  in  the  case  of  palace,  drawing- 
room,  sleeping,  dining,  chair  car,  oil  car,  refrigerator 
car  companies,  and  companies  owning  cars  for  the  trans- 
mission of  fast  freight,  horses,  cattle,  hogs,  sheep,  or 
any  other  freight  of  any  description,  the  proportion  shall 
be  the  proportion  of  such  aggregate  value  after  such 
deductions,  which  the  length  of  lines  within  the  State 
over  which  said  cars  are  run  bears  to  the  length  of  the 
whole  lines  over  which  said  cars  are  run,  and  in  case 
of  express  companies  the  proportion  shall  be  4n  the 
proportion  of  the  whole  aggregate  value  after  such  de- 
ductions, which  the  length  of  lines  or  routes  within  the 
State  of  Indiana  bears  to  the  whole  length  of  the  lines 
or  routes  of  such  associations,  companies,  copartnerships 
or  corporations,  and  in  case  of  pipe  line  companies  the 
proportion  shall  be  that  proportion  of  the  whole  aggre- 
gate length,  size  and  value  of  its  pipe  lines  and  other 
property,  after  such  deductions,  which  the  length,  size 
and  value  of  the  said  pipe  lines  and  other  property 
within  the  State  of  Indiana  bears  to  the  whole  length, 
size  and  value  of  the  said  line  and  other  property  of 
such  associations,  and  such  amount  so  ascertained  shall 
be  deemed  and  held  as  the  entire  value  of  the  property 
of  said  associations,  companies,  copartnerships,  or  cor- 
porations within  the  State  of  Indiana.  From  the  entire 
value  of  the  property  within  the  State  so  ascertained 
there  shall  be  deducted  by  the  said  board  the  assessed 
value  for  taxation  of  all  the  real  estate,  structures,  ma- 
chinery and  appliances  within  the  State  and  subject  to 
local  taxation  in  the  counties  and  townships  as  herein- 
before described  in  item  No.  5  of  §  §  1,  2,  4  and  4^4  of 
this  Act,  and  item  No.  7  of  §  3  of  said  Act,  and  the 
residue  of  such  value  so  ascertained,  after  deducting 
therefrom  the  assessed  value  of  such  local  properties, 
shall  be  by  said  board  assessed  to  said  association. 
That  for  the  purpose  of  determining  the  actual  value 
of  said  shares  of  stock  or  of  said  capital  in  case  there 
are  no  shares  of  stock  the  said  State  board  of  tax  com- 
missioners may  take  into  consideration  the  market  value 
of  said  shares  of  stock,  or  capital,  the  dividends  paid 
by  and  the  earning  capacity  of  said  joint  stock  associa- 
tion, company,  copartnership  or  corporation,  and  all 
other  facts  and  circumstances  in  relation  to  the  actual 
value  of  said  shares  of  stock  or  capital.  The  State 
board  of  tax  commissioners,  in  the  case  of  pipe  line 
associations,  companies,  copartnerships,  or  corporations, 
shall  distribute  and  apportion  to  the  different  counties, 
townships,  cities  or  towns  such  residue,  in  the  proportion 
that  the  length,  size  and  value  of  the  lines  in  each  of 
said  counties,  townships,  cities  or  towns  bears  to  the 
total   assessed   value   in   the   State. 

Emergency.  §  3.  "Whereas,  an  emergency  exists  for  the 
immediate  taking  effect  of  this  Act,  the  same  shall  be 
in   full   force   and   effect  from  and  after  its   passage. 

ACQUIKINO,   TELEPHONE  LINES. 

An  Act  approved  March  6,  1909,  amends  §  5797 
Burns'  Revised  Statutes,  in  reference  to  the  powers  of 
telephone   companies,   so  as  to  read   as   follows: 

Corporations — Telephone — Lease  or  purchase.  §5797. 
(8.)  Any  telephone  company  organized  under  this  Act 
shall  have  power  to  acquire  by  lease  or  purchase  the 
lines,  exchanges,  franchise  rights  and  other  property,  or 
any  part  thereof,  of  other  telephone  companies,  or  to 
dispose  of  any  lease  or  sell  its  lines,  exchanges,  fran- 
chise rights  and  other  property,  or  any  part  thereof,  and 
also  shall  have  the  power  to  acquire  and  hold  stock 
and  bonds  of  other  telephone  companies. 


602 


National  Association  of  Eailway  Commissioners 


PUBLIC  SERVICE  LAWS  OF  IOWA 


CONSTITUTIONAL    PROVISIONS. 
ARTICLE  I. 

BILL  OF  BIGHTS. 

Eminent  domain.  §  18.  Private  property  shall  not  be 
taken  for  public  use  without  just  compensation  first  be- 
ing made,  or  secured  to  be  made,  to  the  owner  thereof, 
as  soon  as  the  damages  shall  be  assessed  by  a  jury, 
who  shall  not  take  into  consideration  any  advantages 
that  may  result  to  said  owner  on  account  of  the  im- 
provement for  which  it  is  taken. 

ARTICLE  VII. 

STATE    DEBTS. 

Credit  not  to  6e  loaned.  §  1.  The  credit  of  the  State 
shall  not,  in  any  manner,  be  given  or  loaned  to,  or  in 
aid  of,  any  individual,  association,  or  corporation;  and 
the  State  shall  never  assume,  or  become  responsible  for 
the  debts  or  liabilities  of  any  individual,  association,  or 
corporation,  unless  Incurred  In  time  of  war  for  the  benefit 
of  the  State. 

ARTICLE  VIII. 

CORPORATIONS. 

Hoic  created.  §  1.  No  corporation  shall  be  created  by 
Bpecial  laws;  but  the  general  assembly  shall  provide,  by 
general  laws,  for  the  organization  of  all  corporations 
hereafter   to   be   created,   except   as   hereinafter   provided. 

Property  taxable.  §  2.  The  property  of  all  corporations 
for  pecuniary  profit  shall  be  subject  to  taxation,  the 
same  as  that  of  individuals. 

State  not  to  be  a  stockholder.  §  3.  The  State  shall  not 
become  a  stockholder  in  any  corporation,  nor  shall  it 
assume  or  pay  the  debt  or  liability  of  any  corporation, 
unless  incurred  In  time  of  war  for  the  benefit  of  the 
State. 

A-niendment  or  repeal  of  charters — Exclusive  privileges. 
§  12.  Subject  to  the  provisions  of  this  article,  the  general 
assembly  shall  have  power  to  amend  or  repeal  all  laws 
for  the  organization  or  creation  of  corporations,  or  grant- 
ing of  special  or  exclusive  privileges  or  immunities,  by 
a  vote  of  two-thirds  of  each  branch  of  the  general 
assembly;  and  no  exclusive  privileges,  except  as  in  this 
article  provided,  shall  ever  be  granted. 

STATUTE  LAW. 

[Note;  As  to  the  Railroad  Commission,  see  §2011, 
below.] 

(From  Code  of  Iowa,  1897,  with  Amendments  to  date.) 

TITLE  V,  CHAPTER  VI. 
streets  anb  public  grounds. 

Railway  tracks — Street  railways.  §  767.  Cities  and 
towns  shall  have  the  power  to  authorize  or  forbid  the 
construction  of  street  railways  within  their  limits  and 
may  define  the  motive  power  by  which  the  cars  thereon 
shall  be  propelled;  and  to  authorize  or  forbid  the  location 
and  laying  down  of  tracks  for  railways  and  street  rail- 
ways on  all  streets,  alleys  and  public  places;  but  no 
railway  track  can  thus  be  located  and  laid  down  until 
after  the  injury  to  property  abutting  upon  the  street, 
alley  or  public  place  upon  which  such  railway  track  is 
proposed  to  be  located  and  laid  down  has  been  ascer- 
tained and  compensated  for  in  the  manner  provided  with 
reference  to  taking  private  property  for  works  of  Inter- 
nal improvement. 

Street  car  vestibules.  §  768.  On  and  after  November  1, 
1898,  every  person,  partnership,  company  or  corporation 
owning  or  operating  a  street  railway  in  this  State  shall, 
from  November  1  of  each  year  to  April  1  following,  pro- 
vide all  cars,  except  trailers,  used  for  the  transportation 
of  passengers,  with  vestibules  inclosing  the  front  plat- 
form on  at  least  three  sides,  for  the  protection  of  em- 
ployes operating  such  cars.  Any  violation  of  this  section 
shall  be  punished  by  a  fine  of  not  less  than  $50  nor  more 
than  $100  for  each  day  said  cars  are  operated  in  violation 
hereof. 

Note:     See  also  Power  Brake  Act  of  1911,  below. 


Railway  crossings — Speed  of  trains.  §  769.  Cities  hav- 
ing a  population  of  5,000  or  more  shall  have  power  to 
compel  railroad  companies  to  erect,  construct,  maintain 
and  operate,  under  such  regulations  as  may  from  time 
to  time  be  provided  by  the  council,  suitable  gates  upon 
public  streets  at  railroad  crossings;  and  cities  and  towns 
shall  have  power  to  regulate  the  speed  of  trains  and 
locomotives  on  railways  running  over  the  streets  or 
through  the  limits  of  the  city  or  town. 

Viaducts — When  required.  §  770.  Cities  having  a  pop- 
ulation of  7,000  or  over  shall  have  power  to  require  any 
railroad  company,  owning  or  operating  any  railroaxl 
tracks  upon  or  across  any  public  streets  of  such  city, 
to  erect,  construct,  reconstruct,  complete  and  maintain, 
to  the  extent  hereinafter  provided,  any  viaduct  upon 
or  along  such  streets,  and  over  or  under  such  tracks, 
including  the  approaches  thereto,  as  may  be  declared  by 
ordinances  of  such  city  necessary  for  the  safety  and 
protection  of  the  public.  The  approaches  to  any  such 
viaduct  shall  not  exceed  a  total  distance  of  800  feet, 
but  no  such  viaduct  shall  be  required  on  more  than 
every  fourth  street  running  in  the  same  direction,  and 
no  railroad  company  shall  be  required  to  build  or  con- 
tribute to  the  building  of  more  than  one  such  viaduct, 
with  its  approaches  in  any  one  year;  nor  shall  anj 
viaduct  be  required  until  the  board  of  railroad  commis 
sioners  shall,  after  examination,  determine  the  same  t( 
be  necessary  for  the  public  safety  and  convenience,  an 
the  plans  of  said  viaduct,  prepared  as  hereinafter  pn 
vided,  shall  have  been  approved  by  said  board. 

Repeal — Assessment  of  damages.  §  771.  That  §  771  < 
the  code  supplement  is  hereby  repealed  and  the  foUc^ 
Ing  enacted  in  lieu  thereof:  i 

"When  a  viaduct  shall  be  by  ordinance  declared  nece 
sary    for    the    safety    and    protection    of    the    public,    tl 
council  shall  provide  for  appraising,  assessing  and  dete 
mining  the   damages  which  may  be  caused  to   any  pro] 
erty   by  reason  of  the  construction  of  the  same  and  11 
approaches.     The   proceedings   for  such   purpose   shall  l 
the  same  as  are  provided  In  case  of  taking  private  pro] 
erty  for  works  of  internal  improvement,  and  the  damageit 
assessed    shall   be    paid    by    the   city   out   of   the   genera) 
bridge    fund,   or   in    cities   having   a   population   of   12,000 
or   over   from   any   other  fund   or   funds   legally  availabl 
therefor."     (32  G.  A.,  chapter  38,  §  1.)  : 

Repeal — Viaduct  fund.  §  771a.  That  §  1  of  chapt^ 
29  of  the  Acts  of  the  thirtieth  general  assembly  is  herehj 
repealed  and  the  following  enacted  in  lieu  thereof: 

"In  cities  having  a  population  of  12,000  or  over,  where 
a  viaduct  is  required  to  be  constructed,  and  the  plane 
therefor  have  been  approved  and  there  are  no  available 
funds  in  the  general  bridge  fund,  or  any  funds  of  saic 
city  which  may  be  legally  used  for  the  payment  of  such 
damages,  such  city  may  levy  an  annual  tax  not  exceed 
ing  two  mills  on  the  dollar  for  the  purposes  of  creating 
a  fund  to  be  known  as  a  "viaduct  fund,"  for  the  payment 
of  damages  caused  to  property  by  reason  of  the  con- 
struction  of   such   viaduct   and   approaches   thereto."        <■ 

Specifications.  §  772.  The  width,  height  and  strengti 
of  any  viaduct  and  the  approaches  thereto,  and  the  ml 
terial  and  manner  of  construction  thereof,  shall  be  sue 
as  may  be  required  by  the  board  of  public  works  an 
approved  by  the  mayor  and  council,  but  if  there  is  a 
board  of  public  works,  then  such  as  may  be  required  )) 
the    council. 

Apportionment  of  cost — Use  of — Compensation  for — R 
pairs.  §  773.  When  two  or  more  railroad  companies  oMt 
or  operate  separate  lines  of  track  to  be  crossed  by 
viaduct,  the  proportion  thereof,  and  the  approach 
thereto  to  be  constructed  by  each,  or  the  cost  to  I 
borne  by  each,  shall  be  determined  by  the  council.  Tl 
council  shall  fix  a  time  and  place  where  it  will  consid( 
such  matters  and  any  objections  that  may  be  made  i 
the  construction  of  such  viaduct  and  the  approach 
thereto.  Not  less  than  20  days'  written  notice  of  su 
hearing  shall  be  given  to  the  company  or  companl' 
owning  or  operating  the  track  or  tracks  over  or  under" 
which    it    is    proposed    to    construct    such    viaduct.      Said 


Public  Seevick  Laws 


503 


notice  may  be  served  in  the  same  manner  and  upon  the 
same  persons  or  officers  as  in  the  case  of  an  original 
notice.  Such  cities  shall  have  power  to  regulate  the 
use  of  such  viaducts  and  to  authorize  or  forbid  the  use 
thereof  by  street  railway  companies  and  to  require  the 
payment  of  comi>ensation  for  such  use.  After  the  com- 
pletion thereof,  any  revenue  derived  therefrom  by  the 
crossing  thereon  of  street  railway  lines  shall  constitute 
a  special  fund,  and  shall  be  applied  in  making  repairs  to 
such  viaduct.  One-half  of  all  ordinary  repairs  to  such 
viaduct  or  its  approaches  shall  be  paid  out  of  such  fund, 
or  be  borne  by  the  city,  and  the  remaining  half  by  the 
railroad  company;  and  if  the  track  of  more  than  one 
company  is  crossed,  the  costs  of  such  repairs  shall  be 
borne  b.v  such  companies  in  the  same  proportion  as  was 
the   original   cost  of  construction. 

Refusal  to  comply.  §  774.  If  any  railroad  company 
neglects  or  refuses,  for  more  than  30  days  after  such 
notice  as  may  be  prescribed  by  ordinance,  to  comply 
with  the  requirements  of  any  ordinance  passed  under 
the  provisions  of  this  chapter,  the  city  may  enforce  the 
construction,  maintenance  or  repair  of  such  viaduct  and 
approaches  by  proceedings  in  mandamus,  and  the  court 
shall  require  the  issues  to  be  made  up  at  the  first  term 
to  which  such  action  is  brought,  and  shall  give  the  same 
precedence  over  other  civil  business.  Refusals  to  comply 
with,  or  violations  of,  the  orders  of  the  court  in  such 
proceedings  may  be  punished  as  contempts,  by  fine  and 
imprisonment  as  provided  in  §2119  of  the  code;  or  the 
city  may  construct  or  repair  the  viaduct  or  approaches, 
or  any  portion  thereof,  which  such  railroad  company  was 
required  to  construct  or  maintain,  and  recover  the  cost 
thereof   from    such   company. 

Regulations  as  to  electric  icires.     %  775.    Omitted. 

Granting  franchise — Question  submitted.  §  776.  No 
franchise  shall  be  granted,  renewed  or  extended  by  any 
city  or  town  for  the  use  of  its  streets,  highways,  avenues, 
alleys  or  public  places,  for  any  of  the  purposes  named 
in  the  preceding  section,  unless  a  majority  of  the  legal 
electors  voting  thereon  vote  in  favor  of  the  same  at  a 
general  or  special  election.  The  council  may  order  the 
question  of  granting,  renewal  or  extension  of  any  such 
franchise  submitted  to  a  vote  at  a  general  election,  or 
at  one  specially  called  for  that  purpose;  or  the  mayor 
shall  submit  said  question  to  such  vote  upon  the  petition 
of  25  property  owners  of  each  ward  in  a  city,  or  50  prop- 
erty owners  in  any  incorporated  town.  Notice  of  such 
election  shall  be  given  in  two  newspapers  published  in 
said  city  or  town,  if  there  are  two;  if  not,  then  in  one, 
once  each  week  for  at  least  four  consecutive  weeks. 
But  if  no  such  newspaper  is  published  within  the  limits 
of  the  corporation,  then  such  notice  may  be  given  by 
posting  thereof  in  three  public  places  within  the  limits 
of  said  corporation,  two  of  which  places  shall  be  the 
postofflce  and  the  mayor's  office,  of  such  city  or  town, 
and  by  publication  for  four  consecutive  weeks  in  a  news- 
paper of  general  circulation  in  the  county.  The  clerk 
shall  prepare  the  ballots,  and  the  proposition  shall  be 
submitted,  as  provided  for  in  the  chapter  on  elections. 
The  party  applying  for  the  franchise,  or  for  a  renewal 
or  extension  thereof,  shall  pay  all  expenses  incurred  in 
holding   the   election. 

TITLE  V,  CHAPTER  VII. 

STKEET   IMPROVEMENTS,    SEWERS,   ETC. 

Assessments  on  railways  and  street  railways.  §  834.  All 
railway  and  street  railway  companies  shall  be  required 
to  make,  reconstruct  and  repair  all  paving,  graveling  or 
macadamizing  between  the  rails  of  their  tracks,  and  one 
foot  outside  thereof,  at  their  own  expense,  unless  by 
ordinance  of  the  city,  or  by  virtue  of  the  provisions  or 
conditions  of  any  ordinance  of  the  city  under  which  said 
railway  or  street  railway  may  have  been  constructed 
or  may  be  maintained,  it  may  be  bound  to  pave,  gravel 
or  macadamize  other  portions  of  said  street,  and  in  that 
case  said  railway  or  street  railway  shall  make,  recon- 
struct and  repair  the  paving,  graveling  or  macadamizing 
of  that  part  of  the  street  specified  by  such  ordinance; 
and  such  improvement,  or  the  reconstruction  or  repair 
thereof,  shall  be  of  the  material  and  character  ordered 
by  said  city,  and  shall  be  done  at  the  same  time  that 
the  remainder  of  said  improvement  is  made,  reconstructed 
or  repaired.     When  the  same  is  made  or  completed,  said 


company  shall  lay,  in  the  best  approved  manner,  such 
rail  as  the  council  may  require.  They  shall  keep  the 
paving,  graveling  or  macadamizing  between  said  rails, 
and  one  foot  outside  thereof,  or  such  other  part  as  they 
are  liable  to  construct  or  maintain,  up  to  grade  and  in 
good  repair,  using  for  such  purpose  the  same  material 
as  is  used  for  the  original  paving,  graveling  or  macad- 
amizing, or  such  other  material  as  the  council  may  order. 
If  the  owner  of  said  railway  or  street  railway  shall  fail 
or  refuse  to  comply  with  the  order  of  the  council  to 
make,  reconstruct  or  repair  such  paving,  graveling  or 
macadamizing,  such  work  may  be  done  by  the  city,  and 
the  cost  and  expense  thereof  shall  be  assessed  upon  the 
real  estate  and  personal  property  of  said  railway  or  street 
railway  company  within  the  corporate  limits  of  said  city, 
and  against  such  railway  or  street  railway  company,  in  the 
manner  hereinbefore  provided  for  the  assessment  of  such 
cost  against  abutting  property  and  the  owners  thereof. 

Cost  of  paving  already  laid.  §  835.  Before  any  street 
railway  company  shall  lay  its  track  upon  any  street  that 
has  been  paved,  and  which  at  the  time  is  not  being 
repaved,  it  shall  pay  into  the  city  treasury  the  value  of 
all  paving  between  its  tracks,  and  one  toot  outside  there- 
of, which  value  shall  be  determined  by  the  city  council, 
but  in  no  case  shall  exceed  the  original  cost  of  the 
paving,  and  the  money  thus  paid  shall  be  refunded  to 
the  abutting  property  owners  on  said  street  in  propor- 
tion to  the  amounts  originally  assessed  against  the  prop- 
erty abutting  thereon.  The  company  or  any  person 
affected  by  or  interested  in  such  determination  of  the 
ralue  of  such  pavement  may  appeal  therefrom  to  the 
District  Court  within  30  days  thereafter  and  in  the  man- 
ner provided  in  J  839  of  the  code. 

Enforcing  assessment  against  railways  and  street  rail- 
ways. §  840.  All  special  assessments  made  under  this 
chapter  against  any  railway  or  street  railway  shall  be  a 
debt  due  personally  from  such  railway.  Such  special  as- 
sessments and  each  installment  thereof,  and  certificates 
issued  therefor  when  due,  may  be  collected  in  the  District 
or  Superior  Court  by  action  at  law,  in  the  name  of  the  city 
or  town  against  such  railway  or  street  railway,  or  the  lien 
thereof  enforced  against  the  property  of  such  railway  or 
street  railway,  on  or  against  which  the  same  has  been 
levied,  by  action  in  equity,  at  the  election  of  the  plaintiff; 
and  in  any  action  at  law  where  pleadings  are  required,  it 
shall  be  sufficient  to  declare  generally  for  work  and  labor 
done,  or  materials  furnished,  on  the  particular  street,  ave- 
nue, alley  or  highway,  the  levy  of  the  tax  and  non-pay- 
ment of  the  same;  and  in  any  action  in  equity,  it  shall  be 
sufficient  to  aver  the  same  matters,  together  with  a  par- 
ticular description  of  the  property,  or  parts  thereof,  against 
which  such  lien  is  sought  to  be  enforced.  Such  action 
may  be  maintained  in  the  name  of  the  city  or  town,  for 
the  use  of  any  person  entitled  thereto  or  any  part  thereof, 
upon  filing  a  bond  conditioned  to  pay  all  costs  adjudged 
against  the  plaintiff  and  protect  it  from  all  liability  there- 
from or  damages  growing  out  of  the  same;  the  amount  of 
the  bond  to  be  fixed  by  the  court,  or  a  judge  thereof  in 
vacation,  and  the  sureties  thereon  to  be  approved  by  the 
clerk  of  said  court. 

TITLE  V,  CHAPTER  X. 

OF    CONDEMNATION    AND    PURCHASE    OF    LAND. 

Donation  of  sites  for  depots.  §  885.  They  [cities  and 
towns],  shall  have  power  to  acquire  by  purchase  or  con- 
demnation for  the  purpose  of  donating  and  to  donate  to 
any  railway  company  owning  a  line  of  railroad  in  opera- 
tion or  in  process  of  construction  in  such  city  or  town 
sufficient  land  for  depot  grounds,  engine  houses  and  ma- 
chine shops  for  the  construction  and  repair  of  engines, 
cars  and  other  machinery  necessary  to  the  convenient  use 
and  operation  of  said  railroad. 

Submission  of  question.  §  886.  Such  donation  or  appro- 
priation of  funds  to  procure  lands  therefor  can  only  be 
made  upon  a  petition  to  the  council,  signed  by  a  majority 
of  the  resident  freehold  taxpayers  of  the  city  or  town, 
asking  the  same  and  fixing  the  sum  which  shall  be  thus 
appropriated.  Upon  the  presentation  of  the  petition,  the 
council  shall  call  a  special  election,  at  which  the  question 
of  the  proposed  donation  shall  be  submitted  to  the  voters. 
The  clerk  shall  prepare  the  ballots  and  the  election  shall 
be  held  in  the  manner  provided  for  in  the  chapter  on  elec- 
tions.   If  there  shall  be  a  two-thirds  majority  in  favor  of 


504 


National  Association  of  Railway  Commissionebs 


the  donation,  the  council  shall  determine  the  lands  to  be 
donated  by  metes  and  bounds,  the  amount  to  be  appro- 
priated for  procuring  the  same,  not  exceeding  the  sum 
named  in  the  petition,  and  in  the  name  of  the  city  or  town 
may  acquire  the  same  by  purchase,  or  by  the  payment  of 
the  estimated  damages  in  case  the  same  or  any  part 
thereof  shall  be  taken  in  the  name  of  the  railway  corpo- 
ration under  condemnation  proceedings  as  authorized  by 
law;  and  the  council  may  also  vacate  and  convey  all 
streets  and  alleys  within  boundaries  of  such  site,  and 
prescribe  the  terms  and  conditions  upon  which  the  grant 
is  made,  which  shall  be  binding  upon  the  company  ac- 
cepting it;  but  land  set  apart  as  a  public  park,  square  or 
levee  shall  not  be  thus  donated,  nor  shall  lands  occupied 
with  buildings  used  for  business  purposes  or  private  resi- 
dences be  appropriated  under  the  provisions  of  this  sec- 
tion, without  the  consent  of  the  owner  or  owners  first  ob- 
tained. 

TITLE  V,  CHAPTER  XIV. 

CITIES    UNDER    SPECIAL    CHARTERS. 

Water  and  gas  works — Electric  light  and  power  plants — 
Street  railway  and  telephone  franchises.  §  955.  Such  cit- 
ies shall  have  power  to  establish,  erect,  purchase,  lease, 
maintain  or  operate,  within  or  without  the  corporate  lim- 
its, heating  plants,  waterworks,  gasworks,  electric  light 
or  electric  power  plants,  with  all  the  necessary  reservoirs, 
mains,  filters,  strams,  trenches,  pipes,  drains,  poles,  wires, 
burners,  machinery,  apparatus,  and  other  requisites  of  said 
works  or  plants;  but  no  such  works  or  plants  shall  be  thus 
established  erected,  purchased  or  leased  unless  a  ma- 
jority of  the  electors  voting  on  such  propositions  shall  vote 
In  favor  of  the  same,  at  a  general  or  special  election. 
They  may  also  grant  individuals  or  private  corporations 
the  authority  to  erect,  maintain  or  purchase  such  works 
or  plants  or  railways,  street  railways  or  telephone  systems, 
for  the  term  of  and  more  than  25  years,  and  may  renew  or 
extend  the  term  of  such  grants  for  a  period  not  exceeding 
25  years;  but  no  exclusive  franchise  shall  be  thus  granted, 
extended  or  renewed,  and  no  franchise  shall  be  granted 
or  authorized,  until  after  notice  of  the  application  there- 
for has  been  published  once  each  week  for  four  conse- 
cutive weeks  in  some  newspaper  published  in  such  city. 

Question  submitted.  §  956.  The  council  may  order  any 
of  the  questions,  including  the  granting  to  individuals  or 
corporations  authority  to  erect,  maintain  or  purchase 
water  or  gas  works,  electric  light  or  power  plants,  or 
street  railway  or  telephone  systems,  provided  in  the  pre- 
ceding section,  submitted  to  a  vote  at  a  general  election, 
or  at  one  specially  called  for  that  purpose;  or  the  mayor 
shall  submit  said  question  to  such  vote  upon  the  petition 
of  25  property  owners  of  each  ward  in  the  city.  Notice  of 
such  election  shall  be  given  in  two  newspapers  published 
In  said  city,  if  there  are  two,  if  not,  then  in  one,  once  each 
week  for  at  least  four  consecutive  weeks.  The  party  ask- 
ing for  a  renewal  or  extension  of  such  franchise  shall  pay 
the  cost  incurred  in  holding  such  election. 

Railways  and  street  railways  to  maintain  culverts  and 
drains.  §  964.  Such  cities  shall  have  power  to  order  any 
railway  or  street  railway  to  construct  and  maintain,  under 
the  direction  and  subject  to  the  approval  of  the  city  engi- 
neer, culverts  and  drains  across  its  right  of  way  on  any 
street,  alley,  highway  or  other  public  place  as  such  coun- 
cil may  deem  necessary,  and  if  any  railway  or  street  rail- 
way company  neglect  or  refuse,  for  more  than  30  days 
after  such  notice  as  may  be  prescribed  by  resolution,  to 
comply  with  the  requirements  of  any  such  order,  the  city 
may  construct  such  culvert  or  drain  and  recover  the  cost 
thereof  from  such  company. 

TITLE  VII,  CHAPTER  I. 

ASSESSMENTS    OF   TAXES. 

Line  operated  iy  railroad.  §  1332.  No  telegraph  line 
shall  be  assessed  which  is  owned  and  operated  by  any 
railroad  company  exclusively  for  the  transaction  of  Its 
business,  and  which  has  been  duly  reported  as  such  in  its 
annual  report  under  the  laws  providing  for  the  taxation 
of  railroad  property. 

Railway  companies — When  made — Verified  statement — 
When  furnished.  §  1334.  On  the  second  Monday  In  July  in 
each  year,  the  executive  council  hall  assess  all  the  proi)- 
erty  of  each  railway  corporation  in  the  State,  excepting 
the  lands,  lots  and  other  real  estate  belonging  thereto  not 


used  in  the  operation  of  any  railway,  and  excepting  rail- 
way bridges  across  the  Mississippi  and  Missouri  rivers, 
and  excepting  grain  elevators;  and  for  the  purpose  of  mak- 
ing such  assessment  its  president,  vice-president,  general 
manager,  general  superintendent,  receiver  or  such  other 
officer  as  the  council  may  designate,  shall  on  or  before 
the  first  day  of  April  in  each  year,  furnish  it  a  verified 
statement,  showing  in  detail,  for  the  year  ended  Decem- 
ber 31st  next  preceding: 

1.  The  whole  number  of  miles  of  railway  owned,  op- 
erated or  leased  by  such  corporation  or  company  within 
and  without  the  State. 

2.  The  whole  number  of  miles  of  railway  owned,  op- 
erated or  leased  within  the  State,  including  double  tracks 
and  side  tracks,  the  mileage  of  the  main  line  and  branch 
lines  to  be  stated  separately,  and  showing  the  number  of 
miles  of  tracks  in  each  county. 

3.  A  full  and  complete  statement  of  the  cost  and  ac- 
tual present  value  of  all  buildings  of  every  description 
owned  by  said  railway  company  within  the  State  not  other- 
wise assessed. 

4.  The  total  number  of  ties  per  mile  used  on  all  its 
tracks  within  the  State. 

5.  The  weight  of  rails  per  yard  in  main  line,  doutle 
tracks  and  side  tracks. 

6.  The  number  of  miles  of  telegraph  lines  owned  and 
used  within  the  State. 

7.  The  total  number  of  engines,  and  passenger,  cha  r, 
dining,  ofllcial,  express,  mail,  baggage,  freight  and  oth?r 
cars,  including  hand  cars  and  boarding  cars  used  in  con- 
structing and  repairing  such  railway,  in  use  on  its  whole 
line,  and  the  sleeping  cars  owned  by  it,  and  the  numb  jr 
of  each  class  on  its  line  within  the  State,  each  class  to  be 
valued  separately. 

8.  Any  and  all  other  movable  property  owned  by  sa  d 
railway  within  the  State,  classified  and  scheduled  in  su(  h 
manner  as  may  be  required  by  said  council. 

9.  The  gross  earnings  of  the  entire  road,  and  the  gro  is 
earnings  in  this  State. 

10.  The  operating  expenses  of  the  entire  road,  and  tl  e 
operating  expenses  within  this  State. 

11.  The  net  earnings  of  the  entire  road,  and  the  n  it 
earnings  within  this  State. 

Detailed  statements — What  to  include.  §  1334a.  Eai  h 
railway  or  other  corporation  required  by  law  to  report  o 
the  executive  council  under  the  provisions  of  the  law  as  it 
appears  in  §  1334  of  the  supplement  to  the  code  shall,  on  ir 
before  the  first  day  of  April,  1905,  make  to  the  eiecutl-  e 
council  a  detailed  statement  showing  the  amount  of  re  U 
estate  owned  or  used  by  it  on  December  31,  1904,  for  ra  I- 
way  purposes,  in  each  county  in  the  State  in  whii  h 
Bald  real  estate  is  situated,  including  the  right  of  way, 
roadbed,  bridges,  culverts,  depot  grounds,  station  buildini  s, 
yards,  section  and  tool  houses,  round  houses,  machine  ai  d 
repair  shops,  water  tanks,  turn-tables,  gravel  beds  ai  d 
stone  quarries,  and  for  all  other  purposes,  with  the  es  1- 
mated  actual  value  thereof.  In  such  manner  as  may  be  le- 
quired  by  the  executive  council.  Only  one  such  detaili  d 
statement  by  any  corporation  shall  be  necessary,  and  whi  n 
received  by  the  council  it  shall  become  the  record  of  rail- 
way lands  of  such  corporation,  and  be  deemed  as  annual  y 
thereafter  reported  for  valuation  and  assessment  by  the 
executive  council.  On  or  before  the  first  day  of  April  if 
each  subsequent  year  such  corporation  shall  in  like  man- 
ner report  all  real  estate  acquired  for  any  of  the  railwi.y 
purposes  above  named  during  the  procedlng  calendar  yea-; 
and  also  a  list  of  any  real  estate,  previously  reported,  dis- 
posed of  during  the  same  period,  which  disposition  shi  11 
be  noted  by  the  council  in  an  appropriate  column  opposite 
to  the  description  of  said  tract  in  the  original  report  of  tie 
same  in  the  record  of  railway  land. 

Record  of  railway  lands.  §  1334b.  The  executive  coun- 
cil shall,  by  some  convenient  method  of  binding,  arranije 
the  statements  required  to  be  made  under  the  provision  of 
the  preceding  section  so  as  to  form  a  consolidated  list  of 
all  real  estate  reported  to  it  as  being  owned  or  used  far 
railway  purposes  within  the  State  of  Iowa,  which  list  shall 
be  known  as  the  record  of  railway  lands. 

Repeal — .icts  in  conflict.  §  1334c.  Subsection  3  of  the 
law  as  it  appears  in  §  1334  of  the  supplement  to  the  code 
and  all  other  statutes  or  parts  of  statutes  in  conflict  here- 
with are  hereby  repealed. 


Public  Service  Laws 


505 


Operating  expenses — Amended  statement.  1 1335.  There 
shall  not  be  included  in  said  operating  expenses  any  pay- 
ments for  interest  or  discount,  or  construction  of  new 
tracks  except  needed  sidings,  for  raising  or  lowering  tracks 
above  or  below  crossings  at  grade  in  cities  or  towns,  for 
new  equipment  except  replacements,  for  reducing  any 
bonded  or  permanent  debt,  nor  for  any  other  item  of  op- 
erating expenses  not  fairly  and  reasonably  chargeable  as 
such  in  railway  accounts.  The  council  may  demand,  in 
writing,  detailed,  explanatory  and  amended  statements  of 
any  of  the  items  mentioned  in  the  preceding  section,  or 
any  other  items  deemed  by  it  important,  to  be  furnished 
it  by  such  railway  corporation  within  30  days  from  such 
demand,  in  such  form  as  it  may  designate,  which  shall  be 
verified  as  required  for  the  original  statement.  The  re- 
turns, both  original  and  amended,  shall  show  such  other 
facts  as  the  council,  in  writing,  shall  require. 

Valuation.  §  1336.  The  said  property  shall  be  valued  at 
Its  actual  value,  and  the  assessments  shall  be  made  upon 
the  taxable  value  of  the  entire  railway  within  the  State, 
except  as  otherwise  provided,  and  shall  include  the  right 
of  way,  roadbed,  bridges,  culverts,  rolling  stock,  depots, 
station  grounds,  shops,  buildings,  gravel  beds,  and  all 
other  property,  real  and  personal,  exclusively  used  in  the 
operation  of  such  railway.  In  assessing  said  railway  and 
its  equipments,  said  council  shall  take  into  consideration 
the  gross  earnings  per  mile  for  the  year  ending  January 
first,  preceding,  and  any  and  all  other  matters  necessary 
to  enable  said  council  to  make  a  just  and  equitable  assess- 
ment of  said  railway  property.  If  a  part  of  any  railway 
is  without  this  State,  then,  in  estimating  the  value  of  its 
rolling  stock  and  movable  property,  they  shall  take  into 
consideration  the  proportion  which  the  business  of  that 
part  of  the  railway  lying  within  the  State  bears  to  the  busi- 
ness of  the  railway  without  this  State. 

Statement  sent  county  auditors.  §  1337.  On  or  before 
the  25th  day  of  March  of  each  year  the  council  shall  trans- 
mit to  the  county  auditor  of  each  county,  through  and  into 
which  any  railway  may  extend,  a  statement  showing  the 
length  of  the  main  track  within  the  county,  and  the  as- 
sessed value  per  mile  of  the  same,  as  fixed  by  a  ratable 
distribution  per  mile  of  the  assessed  valuation  of  the  whole 
property. 

Plats — When  filed.  §  1337a.  That  every  railroad  com- 
pany owning  or  operating  a  line  of  railroad  within  this 
State,  shall  on  or  before  the  first  day  of  August,  A.  D.  1902, 
place  on  file  in  the  oflice  of  the  county  auditor  of  each 
county  in  the  State,  into  which  any  part  of  the  lines  of 
any  said  company  lies,  a  plat  of  the  lines  of  said  com- 
panies within  said  county,  showing  the  length  of  their  said 
lines  and  the  area  of  the  land  owned  or  occupied,  by  said 
companies  in  each  government  sub-division  of  land,  not  in- 
cluded within  the  platted  portion  of  any  town  or  city, 
within  each  of  said  counties,  and  the  length  of  the  said  lines 
within  the  platted  portion  of  cities  and  towns.  Com- 
panies having  on  file  such  plats  of  part  or  all  of  their  lines 
in  any  of  said  counties,  shall  be  required  to  file  plats  only 
of  that  part  of  their  lines  not  fully  shown  as  above  re- 
quired on  the  plate  now  on  file.  On  the  first  day  of  Jan- 
uary of  each  year  hereafter,  like  plats  shall  be  filed  of  all 
new  lines  or  extensions  of  existing  lines  built  or  completed 
within  the  calendar  year  preceding. 

Recusal  to  file.  §  1337b.  In  the  event  of  the  failure  or 
refusal  of  any  railroad  company  to  file  the  plats  required 
under  the  provisions  of  §  1  of  this  Act,  at  the  time  or  ac- 
cording to  the  conditions  named,  then  the  county  auditor 
may  cause  the  same  to  be  prepared  by  the  county  surveyer 
and  the  cost  thereof  shall  in  the  first  place,  be  audited 
and  paid  by  the  board  of  supervisors  out  of  the  county 
funil,  and  the  amount  thereof  shall  be  of  said  board  levied 
as  a  special  tax  against  said  company  and  the  property 
of  said  company  which  shall  be  collected  as  county  taxes 
and  when  collected  be  paid  into  the  county  fund. 

Levy  and  collection  of  tax.  §  1338.  At  the  first  meeting 
of  the  board  of  supervisors  held  after  said  statement  is  re- 
ceived by  the  county  auditor,  it  shall  cause  the  same  to  be 
entered  on  its  minute  book,  and  make  and  enter  therein  an 
order  stating  the  length  of  the  main  track  and  the  assessed 
value  of  each  railway  lying  in  each  city,  town,  township 
or  lesser  taxing  district  in  its  county,  through  or  into  which 
said  railway  extends,  as  fixed  by  the  council,  which  shall 
constitute   the   taxable   value   of   said   property   for  taxing 


purposes;  and  the  taxes  on  said  property,  when  collected 
by  the  county  treasurer,  shall  be  disposed  of  as  other  taxes. 
The  county  auditor  shall  transmit  a  copy  of  said  order  to 
the  council  or  trustees  of  the  city,  town,  or  township. 

Rate.  %  1339.  All  such  railway  property  shall  be  taxa- 
ble upon  said  assessment  at  the  same  rates,  by  the  same 
officers  and  for  the  same  purpose  as  the  property  of  in- 
dividuals within  such  counties,  cities,  towns,  townships 
and  lesser  taxing  districts. 

Numl>er  of  sleeping  and  dining  cars.  §  1340.  In  addi- 
tion to  the  matters  required  to  be  contained  in  the  state- 
ment made  by  the  company  for  the  purposes  of  taxation, 
such  statement  shall  show  the  number  of  sleeping  and 
dining  cars  not  owned  by  such  corporation,  but  used  by  it 
in  operating  its  railway  in  this  State  during  each  month 
of  the  year  for  which  the  return  is  made,  the  value  of 
each  car  so  used,  and  also  the  number  of  miles  each  month 
said  cars  have  been  run  or  operated  on  such  railway  within 
the  State,  and  the  total  number  of  miles  said  cars  have 
been  run  or  operated  each  month  within  and  without  the 
State.  Such  statement  shall  show  the  average  daily  sleep- 
ing car  and  dining  car  service  or  wheelage  operated  on 
each  part  or  division  of  the  line  or  system  within  the  State, 
designating  the  points  on  the  line  where  variations  occur, 
with  the  mileage  of  that  part  having  the  same  daily  serv- 
ice or  wheelage. 

Oross  earnings — Proportion.  §  1340a.  That  for  the  pur- 
pose of  making  reports  to  the  executive  council,  the  gross 
earnings  of  railway  companies,  owning  or  operating  a 
line  or  lines  of  railway  partly  within  this  State,  and  partly 
within  another  State,  or  other  States,  or  Territory,  or 
Territories,  upon  their  line  or  lines  within  this  State,  shall 
be  ascertained  and  reported  by  said  railway  companies  as 
follows,  to  wit:  The  aggregate  of  the  earnings  upon  busi- 
ness originating  and  terminating  within  this  State,  upon 
business  originating  elsewhere  and  terminating  in  this 
State,  and  upon  business  neither  originating  or  terminating 
iu  this  State  but  carried  on  or  done  over  the  line  or  lines 
in  this  State  or  over  some  part  thereof,  shall  be  reported; 
and  with  respect  to  all  such  interstate  business  the  earn- 
ings in  this  State  for  the  purpose  of  report  shall  be  actu- 
ally computed  upon  the  basis  of  the  length  of  haul  or  car- 
riage in  this  State  as  compared  with  the  length  of  haul  or 
carriage  elsewhere.  It  being  hereby  declared  that  for 
the  purpose  of  making  report  looking  to  the  assessment  of 
railway  property  for  taxation  the  gross  earnings  or  busi- 
ness done  or  carried  partly  within  this  State  and  partly  in 
another  State,  or  other  States,  or  Territories,  shall  be  that 
proportion  of  the  entire  earnings  of  such  business  that 
the  haul  or  carriage  in  this  State  bears  to  the  entire  haul 
or  carriage. 

Rules  and  regulations — Power  of  executive  council. 
§  1340b.  The  executive  council  shall  have  the  power  to 
prescribe  such  rules  and  regulations  with  respect  to  the 
keeping  of  accounts  by  the  railway  companies  doing  busi- 
ness in  this  State  as  will  insure  the  accurate  division  of 
earnings  as  aforesaid,  and  uniformity  in  reporting  the 
same  to  the  executive  council. 

Net  earnings.  §  1340c.  The  executive  council  shall 
have  the  power  to  prescribe  a  method  for  all  railway  com- 
panies doing  business  in  this  State,  together  with  the  rules 
and  regulations  for  the  ascertainment  of  the  net  earnings 
of  the  railway  lines  in  this  State,  to  the  end  that  all  such 
railway  companies,  in  ascertaining  and  making  report  of 
net  earnings,  shall  proceed  upon  the  same  basis  and  in  a 
uniform  manner. 

Reports — When  made.  §  1340d.  The  reports  herein 
provided  for  are  not  in  lieu  of,  but  in  addition  to,  the  re- 
ports provided  for  by  law,  and  they  shall  be  made  at  the 
time  and  as  a  part  of  the  reports  already  required. 

Additional  rules  and  regulations.  §  1340e.  The  rules, 
regulations,  method,  and  requirements  herein  provided  to 
be  made  by  the  executive  council  shall  be  made  and  com- 
municated in  writing  or  print  to  the  said  several  railway 
companies  within  thirty  days  from  and  after  the  passage 
and  taking,  effect  of  this  Act,  and  shall  be  and  become 
binding  upon  said  railway  companies  from  the  time  they 
are  so  communicated;  provided,  however,  that  the  said 
executive  council  shall  have  the  power  to  prescribe  sup- 
plemental or  additional  rules,  regulations,  and  require- 
ments at  any  time,  and  communicate  them  to  the  several 
railway  companies  in  the  manner  aforesaid,  and  with  re- 


506 


K-vTiONAL  Association  of  Railway  Commissioners 


spect  to  such  additional  or  supplement  rules,  regulations, 
and  requirements,  they  shall  be  and  become  binding  upon 
the  said  railway  companies  within  30  days  after  they  are 
so  communicated. 

Refusal  to  conform  to  rules — Penalty.  §  1340f.  If  any 
railway  company  shall  fail  or  refuse  to  obey  or  conform 
to  the  rules,  regulations,  method,  and  requirements  so 
made  or  prescribed  by  the  executive  council  under  the 
provisions  of  this  Act,  or  to  make  the  reports  as  herein 
provided  for,  the  executive  council  shall  proceed  and 
assess  the  property  of  such  railway  company  so  failing 
or  refusing,  according  to  the  best  information  obtainable, 
and  shall  then  add  to  the  taxable  valuatioli  of  such  railway 
company  25  per  centum  thereof,  which  valuation  and  pen- 
alty shall  be  separately  shown,  and  together  shall  con- 
stitute the  assessment  for  that  year.  Such  statement  shall 
show  the  average  daily  sleeping  car  and  dining  car  service 
or  wheelage  operated  on  each  part  or  division  of  the  line  or 
system  within  the  State,  designating  the  points  on  the  lines 
where  variations  occur,  with  the  mileage  of  that  part  hav- 
ing the  same  daily  service  of  wheelage.  [As  amended  by 
Act  approved  March  21,  1900.] 

ASSESSMENT   OF   TAXES. 

Assessment  'by  executive  council.  §  1341.  The  council 
shall,  at  the  time  of  the  assessment  of  other  railway  prop- 
erty for  taxation,  assess  for  taxation  the  average  number 
of  cars  so  used  by  such  corporation  each  month,  and  the 
assessed  value  of  said  cars  shall  bear  the  same  proportion 
to  the  entire  value  thereof  that  the  monthly  average 
number  of  miles  such  cars  have  been  run  or  operated 
within  the  State  shall  bear  to  the  monthly  average  number 
of  miles  such  cars  have  been  used  or  operated  within 
and  without  the  State.  Such  valuation  shall  be  in  the 
same  ratio  as  that  of  the  property  of  individuals,  and  shall 
be  added  to  the  assessed  valuation  of  the  corporation, 
fixed  under  the  preceding  section. 

Real  property  of  railicays.  §  1342.  Lands,  lots  and 
other  real  estate  belonging  to  any  railway  company,  not 
used  exclusively  in  the  operation  of  the  several  roads, 
and  all  railway  bridges  across  the  Mississippi  and  Mis- 
souri Rivers,  and  grain  elevators,  shall  be  subject  to  as- 
sessment and  taxation  on  the  same  basis  as  property  of 
Individuals  in  the  several  counties  where  situated. 

Freight  line  and  equipment  companies.  %  1342a.  Every 
company  engaged  in  the  business  of  operating  cars,  not 
otherwise  listed  for  taxation  or  taxed  in  Iowa,  for  the 
transportation  of  freight,  whether  such  freight  be  owned 
by  such  company,  or  any  other  person  or  company,  over 
any  railway  line  or  lines,  in  whole  or  In  part  within  this 
State,  such  line  or  lines,  not  being  owned,  leased  or 
operated  by  such  company,  whether  such  cars  be  termed 
box,  flat,  coal,  ore,  tank,  stock,  gondola,  furniture  or 
refrigerator  cars,  or  by  some  other  name,  shall  be  deemed 
to  be  a  freight  line  company.  Every  company  engaged  in 
the  business  of  furnishing  or  leasing  cars  of  whatsoever 
kind  or  description,  to  be  used  in  the  operation  of  any 
railway  line  or  lines,  wholly  or  partially  within  this 
State,  such  line  or  lines  not  being  owned,  leased  or  oper- 
ated by  such  company,  and  such  cars  not  being  other- 
wise listed  for  taxation  In  Iowa,  shall  be  deemed  to  be 
an   equipment  company. 

Verified  statement — What  to  include.  §  1342b.  Every 
freight  line  and  every  equipment  company,  as  designated 
in  the  preceding  section,  doing  business,  or  owning  cars 
which  are  operated  in  this  State,  shall,  annually,  on  or 
before  the  first  Monday  of  June,  in  each  year,  commenc- 
ing with  the  year  1903,  make  out  and  deliver  to  the 
executive  council  a  statement,  verified  by  oath  of  an 
officer  or  agent  pf  such  company  making  such  statement, 
with  reference  to  the  first  day  of  January,  next  preced- 
ing,  showing: 

First.     The  name  of  the  company. 

Second.  The  nature  of  the  company,  whether  a  per- 
son or  persons,  an  association,  copartnership,  corporation 
or  syndicate,  and  under  the  laws  of  what  State  or  county 
organized. 

Third.  The  location  of  its  principal  office  or  place 
of   business. 

Fourth.  The  name  and  postofflce  address  of  the  presi- 
dent, secretary,  auditor,  treasurer  and  superintendent  or 
general  manager. 


Fifth.  The  name  and  postofflce  address  of  the  chief 
officer  or  managing  agent  of  the  company  in  Iowa. 

Sixth.  The  aggregate  number  of  miles  traveled  with- 
in the  State  of  Iowa  by  its  cars  during  the  preceding 
calendar  year. 

Seventh.  The  average  number  of  miles  traveled  by 
the  cars  of  each  class  of  its  cars  during  the  preceding 
calendar  year.  The  number  of  cars  necessary  for  the 
mileage  traveled  within  the  State  of  Iowa,  under  the  cir- 
cumstances that  ordinarily  attend  the  use  of  such  cars, 
and  where  different  classes  of  cars  are  used  by  said  com- 
pany, as  to  the  matters  embraced  in  this  and  the  preced- 
ing paragraph,  it  shall  furnish  the  required  information 
as  to  each  class  of  said  cars,  in  the  form  prescribed  by 
blanks  to  be  furnished  by  the  executive  council. 

Eighth.  The  actual  cash  value  on  the  first  day  of 
January  next  preceding  of  the  said  number  of  cars  neces- 
sary to  provide  for  the  mileage,  to  be  reported  as  re- 
quired by  paragraph  six  of  this  section. 

Ninth.  The  real  estate,  personal  property,  structure, 
machinery,  fixtures  and  appliances,  owned  by  said  com- 
pany, subject  to  local  taxation  within  the  State,  and  the 
location  and  the  actual  value  thereof  in  the  county, 
township  or  district  where  the  same  is  assessed  for  local 
taxation. 

Additional  statements — Refusal  to  furnish — Penalty. 
§  1342c.  Upon  the  filing  of  such  statements  the  executive 
council  shall  examine  each  of  them,  and  If  he  (the;) 
shall  deem  the  same  insufficient,  or  if  they  fail  to  fully 
set  out  the  matters  required  to  be  reported,  it  shall  re- 
quire such  officer  or  agent  to  make  such  other  and  fur- 
ther statements  as  to  such  matters  as  he  (they)  miy 
deem  proper.  In  case  of  the  failure  or  refusal  of  ar  y 
company  to  make  and  deliver  to  the  executive  council 
any  statement  or  statements  required  by  this  Act,  su(  h 
company  shall  forfeit  and  pay  to  the  State  of  Iowa  $1(  0 
each  day  such  report  is  delayed  beyond  the  first  Monds  y 
of  June,  to  be  sued  and  recovered  in  any  proper  for  a 
of  action.  In  the  name  of  the  State  of  Iowa,  and  such 
penalty  when  collected  shall  be  paid  into  the  gener  il 
fund  of  the  State. 

Assessment  ty  executive  council.  §  1342d.  Upon  tl  e 
meeting  of  the  executive  council  on  the  second  Monds  >• 
of  July,  in  each  year,  it  shall  value  and  assess  as  tl  e 
property  of  said  company  within  this  State  the  cars  <  f 
the  said  company  necessary,  under  the  circumstanci  s 
ordinarily  attending  the  use  of  such  cars,  for  the  mileaj  e 
to  be  reported  under  paragraphs  six  and  seven  of  §  2 
of  this  Act,  after  examining  such  statements  and  afti  r 
ascertaining  the  actual  value  of  said  property  of  sue  d 
company  therefrom,  and  from  such  other  Information  i  s 
it  may  have  or  obtain.  For  that  purpose  the  executii  e 
council  may  require  such  company,  by  its  agents  (  r 
officers,  to  appear  before  said  council  with  such  book ), 
papers  or  additional  statements  as  the  council  may  r  ■- 
quire,  and  may  compel  the  attendance  of  witnesses  :  n 
case  said  council  shall  deem  it  necessary  to  enable  It  ' » 
ascertain  the  actual  value  of  such  property.  From  tl  e 
entire  actual  value  of  the  property  within  the  State  f » 
ascertained,  there  shall  be  deducted  by  the  said  council 
the  actual  value  of  all  cars  locally  assessed,  not  on  \- 
fourth  of  the  residue  of  such  actual  value  so  ascertaine  I, 
shall  be  by  the  executive  council  assessed  to  said  cofi^ 
pany. 

Tax — When  due.  §  i342e.  The  council  shall  also 
said  meeting  determine  the  rate  of  tax  to  be  levied  aid 
collected  upon  said  assessments,  which  shall  be  equtl, 
as  nearly  as  may  be,  to  the  average  rate  of  taxes,  Stat?, 
county,  municipal  and  local,  levied  throughout  the  Sta  e 
during  the  previous  year,  which  rate  shall  be  ascertained 
from  the  records  and  files  in  the  auditor's  office,  and  sa  d 
tax  shall  be  in  full  of  all  taxes,  except  on  real  estata, 
personal  property  locally  assessed,  and  special  assess- 
ments, and  shall  become  due  and  payable  at  the  Stao 
treasury  on  the  first  day  of  February  following  the  \&\  y 
thereof,  and  If  not  so  paid,  the  State  treasurer  shall 
collect  the  same  by  distress  and  sale  of  any  property 
belonging  to  such  company  in  the  State  In  the  same 
manner  as  is  required  of  county  treasurers  In  like  casei); 
and  the  order  of  the  executive  council  in  such  cases  shall 
be    sufficient   authority   therefor. 

"Company"  defined.  §  1342f.  The  word  "company"  as 
used  in  this  Act,  shall  be  deemed  and  construed  to  mean 


Public  Service  Laws 


50r 


any  person,  copartnership,  association,  corporation  or 
syndicate  tliat  may  own  or  operate,  or  be  engaged  in 
operating,  furnisliing  or  leasing  cars,  as  defined  and 
described  in  §  1  of  tliis  Act,  whetlier  formed  or  organized 
under  ttie  laws  of  this  State,  or  any  other  State  or  Ter- 
ritory,  or  any  foreign  country. 

Stockholders.  §  1342g.  The  individual  stockholders  or 
owners  of  interests  of  said  companies  shall  not  be  re- 
quired to  list  their  shares  or  interests  in  such  companies 
so  long  as  the  companies  pay  the  taxes  on  their  property 
as   herein   provided. 

Water  and  gas  works — Electric  plants — Street  railways 
§  1343.  The  lands,  buildings,  machinery  and  mains  belong- 
ing to  Individuals  or  corporations  operating  water  works 
or  gas  works;  the  lands,  buildings,  machinery,  tracks, 
poles  and  wires  belonging  to  individuals  or  corporations 
furnishing  electric  light  or  power;  the  lands,  buildings, 
machinery,  poles,  wires,  overhead  construction,  tracks, 
cables,  conduits  and  fixtures  belonging  to  individuals  or 
corporations  operating  railways  by  cable  or  electricity, 
or  operating  elevated  street  railways;  and  the  lands, 
buildings,  tracks  and  fixtures  of  street  railways  operated 
by  animal  power,  shall  be  listed  and  assessed  in  the 
assessment  district  where  the  same  are  situated.  But 
where  any  such  property  except  the  capital  stock  is  situ- 
ated partly  within  and  partly  without  the  limits  of  a 
city  or  town,  such  portions  of  the  said  plant  shall  be 
assessed  separately,  and  the  portion  within  the  said  city 
or  town  shall  be  assessed  as  above  provided,  and  the 
portion  without  the  said  city  or  town  shall  be  assessed 
in  the  district  or  districts  in  which  it  is  located.  All  the 
personal  property  of  such  individuals  and  corporations 
used  or  purchased  by  them  for  the  purposes  of  such 
gas  or  water  works,  electric  light  plants,  electric  or  cable 
railways,  elevated  street  railways  or  street  railways  oper- 
ated by  animal  power,  including  the  rolling  stock  of  such 
railways  and  street  railways,  and  the  animals  belonging 
to  such  street  railways  operated  by  animal  power,  shall 
be  listed  and  assessed  in  the  assessment  district  where 
usually  housed  or  kept.  The  actual  value  of  the  capital 
stock  over  and  above  that  of  the  above  listed  property 
shall  be  listed  and  assessed  as  prescribed  in  §  1323 
hereof.  , 

Roadbeds  and  highivays.  §  1344.  No  real  estate  used 
by  railway  corporations  for  roadtieds  shall  be  included  in 
the  assessment  to  individuals  of  the  adjacent  property, 
but  all  such  real  estate  shall  be  the  property  of  such 
companies  for  the  purpose  of  taxation;  nor  shall  any 
real  estate  occupied  as  a  public  road  be  assessed  and 
taxed   as   part   of   adjacent  lands.       , 

TAXATIO>"   OF   EXPRESS    COMPANIES. 

Be  it  enacted  hy  the  general  assembly  of  the  State  of  Iowa: 

Express  companies — Annual  statement — What  to  con- 
tain. §  1346a.  Every  company  engaged  in  conveying  to, 
from,  through,  in  or  across  this  State,  or  in  any  part 
thereof,  money,  packa,ges,  gold,  silver,  plate,  merchandise, 
or  any  other  article,  by  express,  under  a  contract,  express 
or  implied,  with  any  railroad  company,  or  the  managers, 
lessees,  agents  or  receivers  thereof,  provided  such  com- 
pany is  not  a  railroad  company,  a  freight  line  company, 
nor  an  equipment  company,  shall  be  deemed  and  held  to 
be  an  express  company  within  the  meaning  of  this  Act, 
and  every  such  express  company  shall,  on  or  before  the 
first  Monday  in  May,  1900,  and  annually  thereafter,  be- 
tween the  first  day  of  February  and  the  first  day  of 
March,  make  out  and  deliver  to  the  auditor  of  State  a 
statement  verified  by  the  oath  of  an  officer  or  agent  ot 
said  company,  making  such  statement,  with  reference  to 
the  first  day  of  January  next  preceding,  showing: 

First.  The  name  of  the  company,  and  whether  a 
corporation,  partnership  or  person,  and  under  the  laws 
of  what  State  or  country  organized. 

Second.  The  principal  place  of  business,  and  the  loca- 
tion of  its  principal  office  and  the  name  and  postolfice 
address  of  its  president,  secretary  and  superintendent 
or  general  manager  and  the  name  and  postoffice  address 
of  its  principal  oJHcers  or  managing  agent  in  Iowa. 

Third.  The  total  capital  stock  of  said  company;  (a) 
authorized;    (b)   issued. 

Fourth.  The  number  of  shares  of  capital  stock  Issued 
and  outstanding,  and  the  par  face  value  of  each  share. 


and  in  case  no  shares  of  stock  are  issued,  in  what  man- 
ner the  capital  stock  thereof  is  divided,  and  in  what  man- 
ner such  holdings  are  evidenced. 

Fifth.  The  market  value  of  said  shares  of  stock  oa 
the  first  day  of  January  next  preceding,  and  if  such 
shares  have  no  market  value,  then  the  actual  value  there- 
of; and  in  case  no  shares  of  stock  have  been  issued, 
state  the  market  value,  or  the  actual  value,  in  case  there 
is  no  market  value  of  the  capital  thereof,  and  the  manner 
in  which  the  same  is  divided. 

Sixth.  The  real  estate,  buildings,  machinery,  fixtures, 
appliances  and  personal  property  owned  by  said  company 
and  subject  to  local  taxation  within  the  State  of  Iowa, 
and  the  location  and  actual  value  thereof  in  the  county, 
township  or  district  where  the  same  is  assessed  for  local 
taxation. 

Seventh.  The  specific  real  estate,  together  with  the 
improvements  thereon,  and  all  bonds,  mortgages  and  other 
personal  property  owned  by  said  company,  situated  out- 
side of  the  State  of  Iowa,  and  used  exclusively  outside 
the  conduct  of  the  business,  with  a  specific  description 
of  all  bonds,  mortgages  and  other  personal  property,  and 
the  cash  value  thereof,  the  purposes  for  which  the  same 
are  used,  and  where  the  same  are  kept  or  deposited,  and 
each  piece  of  real  estate,  where  located,  the  purpose  for 
which  the  same  is  used,  and  the  actual  value  thereof, 
in  the  locality  where  situated. 

Eighth.  All  mortgages  upon  the  whole  or  any  part 
of  its  property,  together  with  the  dates  and  amounts 
thereof. 

Ninth.  The  total  length  of  lines  or  routes  over  which 
the  company  transports  such  merchandise,  freight,  or 
express. 

(b.)  The  total  length  of  such  lines  or  routes  as  are 
outside  of  the  State  of  Iowa. 

(c.)  The  length  of  such  lines  or  routes  within  each 
of  the  counties,  townships,  and  assessment  districts  with- 
in the  State  of  Iowa. 

Statements — Where  and  when  filed — Penalty.  §  1346b. 
Upon  the  filing  of  such  statements,  the  auditor  of  State 
shall  examine  each  of  them,  and  if  he  shall  deem  the 
same  insufficient,  or  in  case  he  shall  deem  that  other  in- 
formation is  requisite,  he  shall  require  such  officer  or 
agent  to  make  such  other  and  further  statements  as  said 
auditor  of  State  may  call  for.  In  case  of  the  failure  or 
refusal  of  any  company  to  make  out  and  deliver  to  the 
auditor  of  State  any  statement  or  statements  required  by 
this  Act,  such  company  shall  forfeit  and  pay  to  the  State 
of  Iowa  $100  for  each  day  such  report  is  delayed  beyond 
the  first  Monday  in  May,  1900,  and  the  first  Monday  In 
March  annually  thereafter,  to  be  sued  and  recovered  in 
any  proper  form  of  action  in  the  name  of  the  State  of 
Iowa,  on  the  relation  of  the  auditor  of  State,  and  such 
penalty  when  collected  shall  be  paid  into  the  general 
fund  of  the  State. 

Assessment  by  executive  council.  §  1346c.  The  execu- 
tive council  shall  meet  on  the  first  Monday  in  May,  1900, 
and  on  the  first  Monday  in  March  in  each  year  there- 
after, at  which  meeting  the  Auditor  of  State  shall  lay- 
such  statements,  with  such  other  information  as  may 
have  been  furnished  him,  before  said  executive  council, 
and  it  shall  thereupon  value  and  assess  the  property  of 
such  company,  in  the  manner  hereinafter  set  forth,  after 
examining  such  statements,  and  after  ascertaining  the 
actual  value  of  the  property  of  such  company  therefrom, 
and  from  such  other  information  as  it  may  have  or  ob- 
tain. For  that  purpose  the  executive  council  may  require 
such  company,  by  its  agents  or  ofl^cers,  to  appear  before 
said  council  with  such  books,  papers,  or  other  state- 
ments as  the  council  may  require,  or  it  may  require  ad- 
ditional statements  to  be  made  by  such  company,  and 
may  compel  the  attendance  of  witnesses,  in  case  said 
council  shall  deem  it  necessary,  to  enable  it  to  ascertain 
the  actual  value  of  such  property;  any  such  company  in- 
terested may,  upon  written  application,  appear  before  the 
executive  council  at  such  meeting,  and  be  heard  in  the 
matter  of  the  valuation  of  the  property  of  such  company 
for  taxation.  , 

Actual  value — How  ascertained.  §  1346d.  The  executive 
council  shall  first  ascertain  the  actual  value  of  the  en- 
tire property  owned  by  said  company,  from  said  state- 
ments or  otherwise  for  that  purix)se  taking  the  aggre- 
gate market  value  of  all  shares  of  capital  stock,  in  cas» 


508 


National  Association  of  Railway  Commissioners 


said  shares  have  a  market  value,  and  In  case  they  have 
none  taking  the  actual  value  thereof  or  of  the  capital  of 
said  company,  in  whatever  manner  the  same  is  divided, 
in  case  no  shares  of  capital  stock  have  been  issued;  pro- 
vided, however,  that  in  case  the  whole  or  any  portion  of 
the  property  of  said  company,  shall  be  incumbered  by  a 
mortgage  or  mortgages,  said  council  shall  ascertain  the 
actual  value  of  such  property  by  adding  to  the  market 
value  or  the  aggregate  shares  of  stock  or  to  the  value 
of  the  capital,  in  case  there  shall  be  no  such  shares,  the 
aggregate  amount  of  the  market  or  cash  value  of  such 
mortgage  or  mortgages,  and  the  result  shall  be  deemed 
and  treated  as  the  actual  value  of  the  property  of  such 
company.  The  executive  council  shall,  for  the  purpose  of 
ascertaining  the  actual  value  of  the  property  within  the 
State  of  Iowa,  next  ascertain,  from  such  statements  or 
otherwise,  the  actual  value  In  localities  where  the  same  is 
situated,  of  the  several  pieces  of  real  estate,  and  all 
bonds,  mortgages,  and  other  personal  property  situated 
without  the  State  of  Iowa,  and  used  exclusively  out- 
side of  the  general  business  of  such  company,  which  said 
actual  value  shall  be  by  the  executive  council  deducted 
from  the  gross  actual  value  of  the  property  as  above  as- 
certained. The  executive  council  shall  next  ascertain  the 
actual  value  of  the  property  of  such  company  within 
the  State  of  Iowa,  and  for  that  purpose  may  take 
into  consideration  the  proportional  value  of  the  com- 
pany's property  without  and  within  the  State,  and  shall 
take,  as  a  basis  of  the  valuation  of  the  company's  prop- 
erty in  this  State,  the  proportion  of  the  whole  aggregate 
value  of  said  company,  as  above  ascertained  after  de- 
ducting the  actual  value  of  such  real  estate  without  the 
State,  which  the  length  of  the  routes  within  the  State 
of  Iowa  bears  to  the  whole  length  of  the  routes  of  such 
company,  and  such  amount  so  ascertained  shall  be  con- 
sidered and  taken  to  be  the  entire  actual  value  of  the 
property  of  said  companies  within  the  State  of  Iowa. 
From  the  entire  actual  value  of  the  property  within  the 
State  so  ascertained,  there  shall  be  deducted  by  the  said 
council  the  actual  value  of  all  the  real  estate,  buildings, 
machinery,  appliances,  and  personal  property  not  used 
exclusively  in  the  conduct  of  the  business  within  the 
State  that  are  subject  to  local  taxation  within  the  coun- 
ties, townships,  and  other  assessment  districts  as  here- 
inbefore described  in  the  sixth  item  of  section  1  of  this 
Act. 

Actual  value  pur  mile — Taxable  value.  §  1346e.  The  ex- 
ecutive council  shall  thereupon  ascertain  the  value 
per  mile  of  the  property  within  the  State,  by  di- 
viding '  the  total  value  as  above  ascertained,  after 
deducting  the  specific  properties  locally  assessed 
within  the  State,  by  the  number  of  miles  within  the 
State,  and  the  result  shall  be  deemed  and  held  to  be  the 
actual  value  per  mile  of  the  property  of  such  company 
within  the  State  of  Iowa.  The  assessed  or  taxable  value 
shall  be  determined  by  taking  that  percentage  of  the 
actual  value  so  ascertained,  as  is  provided  by  sections 
1305  of  the  Code,  and  such  valuation  and  assessment 
shall  be  in  the  same  ratio  as  that  of  the  property  of 
Individuals. 

Assessment  in  each  county — How  certified.  §  1346f.  Said 
executive  council  shall  thereupon,  for  the  purpose  of 
determining  what  amount  shall  be  assessed  by  it  to  the 
said  company,  in  each  county  of  the  State,  through, 
across,  into,  or  over  which  the  route  of  said  company 
extends,  multiply  the  value  per  mile,  as  above  ascer- 
tained, by  the  number  of  miles  in  each  of  such  counties, 
as  reported  In  said  statements,  or  as  otherwise  ascer- 
tained, and  the  result  thereof  shall  be  by  the  said  coun- 
cil certified  to  the  auditor  of  State,  who  shall  thereupon 
certify  the  same  to  the  auditors  respectively  of  the  sev- 
eral counties  through,  into,  over,  and  across  which  the 
routes  of  said  company  extend,  together  with  a  statement 
of  the  length  of  the  routes  in  each  township  and  assess- 
ment district  in  each  county. 

Levy  and  collection  of  tax — Rates,  etc.  §  1346g.  At  the 
first  meeting  of  the  board  of  supervisors  held  after  such 
statement  is  received  by  the  county  auditor,  it  shall 
cause  the  same  to  be  entered  on  its  minute  book  and 
make  and  enter  therein  an  order  stating  the  length  of  the 
routes  and  the  assessed  value  of  each  in  each  city,  town, 
township,  or  other  assessment  district  in  its  county, 
through  or  into    which   said   routes   extend,   as   fixed   by 


the  executive  council,  which  shall  constitute  the  taxable 
value  of  said  property  for  taxing  purposes  and  the  taxes 
on  said  property,  when  collected  by  the  county 
treasurer,  shall  be  disposed  of  as  other  taxes.  The 
county  auditor  shall  transmit  a  copy  of  said  order  to  the 
councils  of  cities  or  towns,  and  to  the  trustees  of  each 
township,  in  the  county.  The  county  auditor  shall  also 
add  to  the  value  so  apportioned  the  assessed  value  of  the 
real  estate,  buildings,  machinery,  fixtures,  appliances,  and 
personal  property  not  used  exclusively  In  the  conduct 
of  the  business  situated  in  any  township  or  assessment 
district  as  returned  by  the  assessors  thereof,  and  extend 
the  taxes  thereon  upon  the  tax  list  as  in  other  cases. 
All  such  property  shall  be  taxable  upon  said  assessment 
at  the  same  rates,  by  the  same  offlcers,  and  for  the  same 
purposes  as  the  property  of  individuals  within  such 
counties,  townships,  or  assessment  districts.  The  prop- 
erty so  Included  In  said  assessment  and  the  shares  of 
stock  in  such  companies  so  assessed  shall  not  be  taxed 
In  this  State  except  as  provided  in  this  Act. 

Penalty.  §  1346h.  In  case  any  such  company  shall  fail 
or  refuse  to  pay  any  taxes  assessed  against  it  in  any 
county,  township,  or  assessment  district  in  the  Stats, 
in  addition  to  other  remedies  provided  by  law  for  the 
collection  of  taxes,  an  action  may  be  prosecuted  in  the 
name  of  the  State  of  Iowa  by  the  county  attorneys  df 
the  different  counties  of  the  State,  on  the  relation  t>f 
auditors  of  the  different  counties  of  the  State,  and  judi;- 
ment  in  such  action  shall  include  a  penalty  of  50  per 
cent  of  the  amount  of  the  taxes  so  assessed  and  unpaid, 
together  with  reasonable  attorney's  fees  for  the  pros<:- 
cution  of  such  action,  which  action  may  be  prosecuted  ia 
any  county  into,  through,  over,  or  across  which  the 
routes  of  any  such  company  shall  extend,  or  in  an  7 
county  where  such  company  shall  have  an  office  or  ager  t 
for  the  transaction  of  business. 

"Company"  defined.  §13461.  The  word  "company,"  as 
used  in  this  Act,  shall  be  deemed  and  construed  to  mea  1 
and  Include  any  person,  co-partnership,  association,  cor- 
poration or  syndicate  that  may  own  or  operate,  or  b  > 
engaged  in  operating,  any  express  route  as  herein  d(  - 
fined,  whether  formed  or  organized  under  the  laws  c  t 
this  State,  any  other  State  or  Territory,  or  of  any  fore: 
country. 

Acts  in  conflict  repealed.  §  1346J.  The  provisions 
this  Act  are  intended  to  take  the  place  of  sections  134  > 
and  1346  of  the  Code,  and  such  sections  and  each  c  t 
them,  and  all  other  laws  and  parts  of  laws  in  conflk  t 
with  this  Act  are  hereby  repealed ;  provided,  that  a  I 
moneys  now  due  the  State  on  account  of  any  assessmeit 
or  charge  made  against  any  of  such  persons,  co-partne:  - 
ships,  associations,  corporations,  or  syndicates,  and  a  1 
penalties  and  charges  thereon  growing  out  of  any  c  f 
said  repealed  section  [s],  shall  be  paid  and  coUecte  1 
under  the  provisions  of  said  repealed  sections,  the  sam  j 
as  If  said  sections  were  not  repealed,  and  it  is  hereb  • 
expressly  provided  that  all  rights  of  the  State  now  ai  - 
crued  under  said  sections  are  hereby  saved  from  th  j 
operation  of  the  aforesaid  repealing  clauses. 

In  effect.  §  11.  This  Act,  being  deemed  of  immedlat  3 
Importance,  shall  take  effect  and  be  in  force  from  an  1 
after  its  publication  in  the  Iowa  State  Register  and  D€J 
Moines  Leader,  newspapers  published  at  Des  Moine  , 
Iowa. 

Approved  April  7,  1900. 

Refusal  to  furnish  statement.  §1357.  If  any  corpor; - 
tion  or  person  refuse  to  furnish  the  verified  statements 
In  this  chapter  required,  or  to  list  his  property,  or  to 
take  or  subscribe  the  oath  in  this  chapter  required,  the 
executive  council,  or  assessor,  as  the  case  may  be,  shall 
proceed  to  list  and  assess  such  property  according  to 
the  best  information  obtainable,  and  shall  add  to  the 
taxable  valuation  100  per  cent  thereof,  which  valuation 
and  penalty  shall  be  separately  shown,  and  shall  con- 
stitute the  assessment;  and  if  the  valuation  of  such  pro  v 
erty  shall  be  changed  by  any  board  of  review,  or  on  ai 
peal  therefrom,  a  like  penalty  shall  be.  added  to  the  va^j 
nation  thus  fixed. 

False  statement.    §1358.    Any  person  making  any  vei 
fled  statement  or  return,  or  taking  any  oath  required  by 
this    chapter,    who    knowingly    makes    a   false    statement 
therein,  shall  be  guilty  of  perjury. 


11 


11- 


Public  Service  Laws 


609 


TITLE  VIII,  CHAPTER  III. 


OF  lEBRlES  AND  BBIDGES. 

Railway  bridges  across  boundary  rivers.  1 1582.  Any 
railway  or  bridge  company  incorporated  under  the  laws 
of  the  State,  or  of  Wisconsin,  Illinois,  Nebraska,  Kan- 
sas or  South  Dakota,  may  construct  a  railway  bridge 
across  the  Mississippi,  Missouri  or  Big  Sioux  river, 
connecting  with  the  eastern  or  western  terminus, 
as  the  case  may  be,  of  any  railway  terminating  on 
the  Iowa  bank  of  either  of  said  rivers,  at  such  place 
as  shall  be  designated  therefor  by  the  board  of  super- 
visors of  the  county  wherein  such  terminus  is  made, 
and  extending  toward  a  point  on  the  opposite  bank  that 
may   be   selected   by   such   company. 

Plan  to  be  approved.  §  1583.  No  bridge  shall  be  built 
under  the  provisions  of  the  preceding  section  until  the 
plan  thereof  has  been  submitted  to  and  approved  by  the 
board  of  supervisors  of  the  county  in  which  the  bridge 
is   to   be   partly   located. 

Railway  ferry.  §  1585.  Any  such  company  may  estab- 
lish a  ferry  across  any  of  said  rivers  at  or  near  the 
terminus  of  its  road,  for  the  sole  purpose  of  crossing 
the  freight  and  passengers  of  such  roads  until  the 
bridge   is   ready   for   use. 

Obstruction  of  navigation.  §  1586.  No  bridge  erected 
under  the  provisions  of  this  chapter  shall  be  so  located 
or  constructed  as  to  unnecessarily  impede,  injure  or  ob- 
struct the  navigation  of  said  rivers. 

Bond  and  stock.  §  1587.  Any  such  company  may  issue 
its  bonds  or  obligations  for  an  amount  not  exceeding 
the  cost  of  such  bridge,  and  of  its  roads  in  the  State, 
and  may  secure  the  payment  thereof  by  a  mortgage  on 
the  same,  and  issue  certificates  of  common  and  preferred 
stock;  the  preferred  stock  to  be  only  on  condition  that 
the  holders  of  the  common  stock  give  their  written  con- 
sent thereto. 

Resident  director — Process.  §  1588.  Any  company  act- 
ing under  the  provisions  of  this  chapter  shall  elect  at 
least  one  director  who  shall  be  a  citizen  of  and  reside 
in  this  State,  and  such  company  shall  be  liable  to  be 
sued  in  any  court  of  competent  jurisdiction,  and  serv- 
ice of  original  notice  on  said  resident  director  shall  be 
sufficient  notice  to  the  company  of  the  pendency  of 
the  action. 

Ferries— License.  §  1589.  The  board  of  supervisors 
may  grant  such  ferry  licenses  as  may  be  needed  within 
Its  county,  for  a  period  not  exceeding  ten  years,  and 
prescribe  the  rates  of  ferriage,  as  well  as  the  hours  of 
the  day  or  night  during  which  the  ferry  must  be  at- 
tended, both  of  which  may,  from  time  to  time,  be 
changed   at  the   discretion  of  the  board. 

Exclusive  privilege.  §  1590.  In  granting  a  ferry  license, 
the  board  of  supervisors  may  make  the  privilege 
granted  exclusive  for  a  distance  not  exceeding  one  mile 
In  either  direction  from  it.  After  twenty  days'  notice 
to  the  person  who  has  obtained  such  privilege,  if  it  is 
made  to  appear  to  the  board  that  the  public  good  re- 
quires other  ferries,  a  new  license  may  issue  therefor. 
The  notice  required  must  be  served  personally  upon  the 
owner,  or  on  the  person  in  charge  of  the  ferry  boat. 

Preference.  §  1591.  In  granting  a  ferry  license,  prefer- 
ence must  be  given  to  the  keeper  of  a  previous  ferry 
at  the  same  point,  and,  if  a  new  one,  to  the  owner  of  the 
land;  but  if  there  is  none  such,  or  if,  after  giving  the 
same  notice  as  is  required  by  the  last  section,  he  fails 
to  make  application  therefor,  or  if,  in  the  opinion  of  the 
board,  he  is  an  improper  person  to  receive  the  same,  it 
may  be  conferred  on  any  other  proper  applicant. 

Between  different  counties.  §  1592.  Where  the  oppo- 
site shores  of  a  stream  are  in  different  counties,  a  li- 
cense from  either  is  sufficient,  and  the  board  of  super- 
visors first  exercising  jurisdiction  by  granting  a  license 
will  retain  it  during  the  term  of  such  license. 

Between  different  States.  §  1593.  Where  but  one  shore 
of  the  river  is  within  this  State,  the  board  of  supervisors 
possesses  the  same  power,  so  far  as  it  is  concerned,  as 
though  the  river  lay  wholly  within  this  State. 

Bond.  §1594.  The  board  of  supervisors,  upon  being 
satisfied  that  the  requirements  of  this  chapter  have  been 
complied  with,  and  that  a  ferry  is  needed  at  such  place. 


and  that  the  applicant  Is  a  suitable  person  to  keep  It, 
must  grant  the  license;  which,  however,  shall  not  Issue 
until  the  applicant  flies  a  bond,  with  sureties  to  be  ap- 
proved by  the  board  or  auditor,  in  a  penalty  not  less  than 
$100,  with  the  condition  that  he  will  keep  the  terry  In 
proper  condition  for  use,  and  attend  the  same  at  all  times 
fixed  by  the  board  for  running  it;  that  he  will  neither  de- 
mand nor  take  any  illegal  tolls;  and  that  he  will  perform 
all  other  duties  which  are  or  may  be  enjoined  on  him  by 
law,  which  shall  be  filed  in  the  county  auditor's  office. 

Public  business— Mail.  §  1595.  Every  ferryman  must 
transport  the  public  expresses  of  the  United  States,  and  of 
this  State,  and  the  United  States  mail,  at  all  hours. 

License  recorded.  §  1596.  All  licenses  for  ferries  and 
toll  bridges  must  be  entered  upon  the  records  of  the  board 
of  supervisors,  and  shall  contain  the  rates  of  toll  allowed. 
Posting  rates.  §  1597.  The  rates  of  toll  must  be  con- 
spicuously posted  up  at  each  extremity  of  the  bridge,  or, 
it  a  ferry,  on  the  boat,  door  of  the  ferry  house,  or  some 
other  conspicuous  place  near  the  ferry. 

Penalty.  §  1598.  The  failure  to  have  such  list  posted  up 
as  above  provided  will  justify  any  person  in  refusing  the 
payment  of  tolls,  and  where  such  failure  is  habitual,  the 
proprietor  of  such  bridge  or  ferry  shall  be  liable  to  pay 
a  penalty  of  $25,  to  be  recovered  in  the  name  of  the  county 
against  him,  or  against  him  and  the  sureties  on  his  bond; 
which  amount,  when  recovered,  shall  be  paid  into  the 
county  treasurer  and  credited  to  the  school  fund. 

Notice  of  application.  §  1599.  Before  a  license  can  be 
granted  for  either  a  bridge  or  ferry,  notice  thereof  must 
be  posted  up  in  at  least  three  public  places  on  each  side 
of  the  river,  if  both  are  within  the  State,  and  in  the  town- 
ship and  neighborhood  in  which  the  proposed  bridge  or 
ferry  is  to  be  erected  or  kept,  at  least  20  days  prior  to  the 
making  of  such  application. 

Penalty  for  taking  illegal  toll.  §  1600.  The  taking  of 
illegal  toll  by  any  licensee  shall  subject  the  offender  to 
a  penalty  of  $25  for  every  such  offense,  to  be  recovered 
by  action  on  his  bond,  or  against  him  individually,  by 
the  person  who  paid  the  illegal  toll,  for  his  own  benefit; 
or  he  may  bring  an  action  in  the  name  of  the  county,  in 
which  case  the  proceeds  shall  go  to  the  county  treasurer. 
Forfeiture.  §  1601.  A  failure  in  other  respects  to  sub- 
stantially comply  with  the  terms  fixed  by  the  board  shall 
work  a  forfeiture  of  any  of  the  licenses  herein  authorized, 
and  shall  subject  the  party  guilty  of  such  failure  to  dam- 
ages for  all  injury  resulting  therefrom,  for  which  he  shall 
be  liable  on  his  bond. 

Refusal  to  pay  tolls—Penalty.  §  1602.  Any  person  who 
refuses  to  pay  the  regular  tolls  established  and  posted  up 
in  accordance  with  the  provisions  of  this  chapter,  or  who 
shall  run  through  or  pass  around  the  toll  gates  with  a 
view  of  avoiding  their  payment,  shall  forfeit  the  sum  of 
$5  for  every  offense,  which,  together  with  costs,  may  be 
recovered  by  the  person  entitled  to  such  toll;  but  nothing 
herein  contained  shall  prevent  a  person  from  fording  a 
stream  across  which  a  toll  bridge  or  ferry  has  been  con- 
structGd. 

Rules  established.  §  1603.  The  proprietor  of  any  bridge 
or  ferry  authorized  by  this  chapter  may  establish  reason- 
able rules  for  the  regulation  of  passengers,  travelers, 
teams  and  freight  passing  or  traveling  thereon. 

Franchise  sold.  §  1604.  Any  of  the  franchises  contem- 
plated in  this  chapter  are  subject  to  execution,  and  may 
be  sold  as  personal  property,  and  be  subject  to  the  same 
rights  and  consequences,  except  that  the  purchaser  may 
take  immediate  possession  of  the  property,  and  the  sale 
thereof  shall  carry  with  it  all  the  material,  implements, 
rights  of  way  and  works  of  whatever  kind  necessary  for 
or  ordinarily  used  in  the  exercise  of  such  franchise. 

Free  ferry.  §  1605.  Nothing  in  this  chapter  contained 
shall  be  so  construed  as  to  prevent  any  company,  person, 
city,  town  or  village  from  establishing  a  free  ferry  at  any 
point  where  a  license  to  keep  a  ferry  has  been  granted, 
but  when  such  free  ferry  is  established,  such  company, 
person,  city,  town  or  village  shall  pay  a  reasonable  com- 
pensation to  the  persons  owning  the  same  for  all  boats, 
ropes  and  other  material,  if  the  same  be  fit  for  use;  and 
when  a  free  ferry  is  established  at  a  point  at  or  near 
where  a  license  has  been  granted  to  an  individual,  such 
individual  shall  be  exonerated  from  any  further  obligation 


510 


National  Association  of  Railway  Commissionebs 


to  maintain  it.  Bond  and  security  shall  be  given  in  like 
manner  by  the  person  or  company  establishing  the  free 
ferry  as  required  in  this  chapter. 

Mill  owners.  §  1606.  Nothing  in  this  chapter  shall  be 
so  construed  as  to  prevent  owners  of  mills  from  crossing 
themselves  or  customers  free  of  charge. 

TITLE  X,  CHAPTER  II. 

LEVEES,    WATER   COURSES,    ETC. 

Nuisance.  §  1948.  Any  ditch,  drain  or  water  course 
which  is  now  or  may  hereafter  be  constructed  so  as  to 
prevent  the  surplus  and  overflow  waters  from  the  adjacent 
land  from  entering  the  game,  is  hereby  declared  a  nuisance, 
and  the  same  may  be  abated  as  such;  and  the  diverting, 
obstructing,  impeding,  or  filling  up  of  such  ditches,  drains, 
or  water  courses,  or  breaking  down  of  such  levees  in  any 
manner  by  any  person,  without  legal  authority,  is  hereby 
declared  a  nuisance,  criminally  punishable  as  such. 

Levees,  ditches  or  drains  in  public  highway.  §  1951. 
Levees,  ditches,  drains  and  embankments  may  be  located 
and  constructed  within  the  limits  of  public  highways,  on 
either  or  both  sides  of  and  along  the  same,  to  be  so  built 
as  not  materially  to  interfere  with  the  public  travel 
thereon,  by  taxation  and  assessment  under  the  provisions 
of  this  chapter,  and,  when  constructed,  shall  be  under  the 
control  of  the  board  of  supervisors  of  the  county  in  which 
they  are  situated;  and  it  shall  have  power  to  grant  a 
right  of  way  thereon  to  any  railway  that  will  maintain 
them  while  used  by  it,  subject  to  any  claim  for  damages 
against  the  company  in  any  condemnation  proceedings 
which  shall  be  instituted,  and  the  damages  awarded,  paid, 
or  secured  to  be  paid  before  possession  shall  be  given, 
but  the  county  shall  not  be  required  on  account  thereof 
or  otherwise  to  keep  up  such  improvements  at  its  ex- 
pense. 

TITLE  X,  CHAPTER  IV. 

OF    TAKING  'PRIVATE    PROPERTY    FOR    WORKS    OF    INTERNAL    IM- 
PROVEMENT. 

By  railway — Limit  o/.  S  1995.  Any  railway  corporation 
organized  in  this  State,  or  chartered  by  or  organized  under 
the  laws  of  the  United  States  or  any  State  or  Territory, 
may  take  and  hold  under  the  provisions  of  this  chapter  so 
much  real  estate  as  may  be  necessary  for  the  location,  con- 
struction and  convenient  use  of  its  railway,  and  may  also 
take,  remove  and  use  for  the  construction  and  repair  of 
said  railway  and  its  appurtenances,  any  earth,  gravel, 
stone,  timber  or  other  materials  on  or  from  the  land  so 
taken.  The  land  so  taken,  otherwise  than  by  the  consent 
of  the  owners,  shall  not  exceed  100  feet  in  width,  except 
for  wood  and  water  stations,  unless  where  greater  width 
Is  necessary  for  excavation,  embankment  or  depositing 
waste  earth. 

For  reservoirs.  §  1996.  It  may  also  take  and  hold  addi- 
tional real  estate  at  its  water  stations,  for  the  purpose  of 
constructing  dams  and  forming  reservoirs  of  water  to  sup- 
ply its  engines.  Such  real  estate  shall,  if  the  owner  re- 
quests it,  be  set  apart  in  a  square  or  rectangular  shape, 
including  all  the  overflowed  land,  by  the  commissioners  as 
hereafter  provided;  but  the  owner  of  the  land  shall  not 
be  deprived  of  access  to  the  water  or  use  thereof,  in  com- 
mon with  the  company,  on  his  own  land.  And  the  dwel- 
ling, outhouse,  orchards,  and  gardens  of  any  person  shall 
not  be  overflowed  or  otherwise  injuriously  affected  by 
any  proceeding  under  this  section. 

Pipes.  §  1997.  Any  such  railway  corporation  may  lay 
down  pipes  through  any  land  adjoining  the  track  of  the 
railway,  not  to  a  greater  distance  than  three-fourths  of  a 
mile  therefrom,  unless  by  consent  of  the  owners  of  the 
land  through  which  the  pipes  may  pass  beyond  that  dis- 
tance, and  maintain  and  repair  such  pipes,  and  thereby 
conduct  water  for  the  supply  of  its  engines  from  any 
running  stream;  and  shall,  without  unnecessary  delay 
after  laying  down  or  repairing  such  pipes,  cover  the  same 
so  as  to  restore  the  surface  of  the  land  through  which 
they  may  pass  to  its  natural  grade,  and,  as  soon  as  prac- 
ticable, replace  any  fence  that  it  may  be  necessary  to 
open  in  laying  down  or  repairing  such  pipes;  and  the 
owner  of  the  land  through  which  the  same  may  be  laid 
shall  have  a  right  to  use  the  land  through  which  such 
pipes  pass  in  any  manner  so  as  not  to  interfere  therewith. 
Said  pipes   shall   not   be  laid   to  any  spring,   nor  be  used 


so  as   to  injuriously  withdraw   the  water  from  any  farm.'' 
Such  corporation  shall  be  liable  to  the  owner  of  any  such 
land  for  any  damages  occasioned  by  laying  down,  regula- 
ting, keeping  open  or  repairing  such  pipes,  to  be  recover- 
able, from  time  to  time,  as  they  may  approve. 

Additional  depot  grounds.  §  1998.  Any  railway  corpora- 
tion owning  or  operating  a  completed  railway  shall  have 
power  to  condemn  lands  for  necessary  additional  depot 
grounds  in  the  same  manner  as  is  provided  by  law  for  the 
condemnation  of  the  right  of  way.  Before  any  proceedings 
shall  be  instituted  therefor,  the  company  shall  apply  to  the 
railway  commissioners,  who  shall  give  notice  to  the  land 
owner;  and  examine  into  the  matter,  and  report  by  certi- 
ficate, to  the  clerk  of  the  District  Court  in  the  county  in 
which  the  land  is  situated,  the  amount  and  description  of 
the  additional  lands  necessary  for  the  reasonable  transac- 
tion of  the  business,  present  and  prospective,  of  such  com- 
pany; whereupon  the  company  shall  have  the  power  to 
condemn  the  lands  so  certified  by  the  commissioners. 


TWENTY-EIGHTH  GENERAL  ASSEMBLY. 
CHAPTER  LXX. 

CONDEMNATION    OF   ADDITIONAL   GROUNDS   FOR   RAILWAY 
PURPOSES. 


Be  it  enacted  by  the  general  assembly  of  the  State  of  lo 

Additional  grounds  for  yards,  etc.  S  1.  That  §  1998  of 
the  code  be  amended  by  inserting  in  the  third  line  thereof 
after  the  word  "grounds"  the  following  words:  "Or  yard;, 
for  additional  or  new  right  of  way  for  constructing  double 
track,  reducing  or  straightening  curves,  changing  grades, 
shortening  or  relocating  portions  of  the  line,  for  excavii- 
tions,  embankments,  or  places  for  depositing  waste  earth." 
And  by  striking  out  after  the  word  "for"  in  the  ninth  line 
the  words,  "the  reasonable  transaction  of  the  business," 
and  insert  in  lieu  thereof  the  words,  "such  purposes." 

In  effect.  §2.  This  Act,  being  deemed  of  immediale 
importance,  shall  take  effect  and  be  in  force  from  an  1 
after  its  publication  in  the  Iowa  State  Register  and  th> 
Des  Moines  Leader,  newspapers  published  in  Des  Moine; , 
Iowa. 

Approved  April  3,  1900. 

Manner  of  condemnation.  §  1999.  If  the  owner  of  an  ' 
real  estate  necessary  to  be  taken  for  either  of  the  purpose  * 
mentioned  in  this  chapter  refuses  to  grant  the  right  of  wa  • 
or  other  necessary  interest  in  said  real  estate  require 
for  such  purposes,  or  if  the  owner  and  the  corporatio  c 
cannot  agree  upon  the  compensation  to  be  paid  tor  th  > 
same,  the  sheriff  of  the  county  in  which  such  real  estat  > 
may  be  situated  shall,  upon  written  application  of  eithe  • 
party,  appoint  six  freeholders  of  said  county,  not  interest©, 
in  the  same  or  a  like  question,  who  shall  inspect  said  rea  > 
estate,  and  assess  the  damages  which  said  owner  will  sut  ■ 
tain  by  the  appropriation  of  his  land  for  the  use  of  sali.' 
corporation,  and  make  report  in  writing  to  the  sheriff  o' 
said  county;  and,  if  the  corporation  shall,  at  any  tlmo 
before  it  enters  upon  said  real  estate  for  the  purpose  O' 
constructing  said  railway,  pay  to  the  sheriff,  for  the  use  o' 
the  owner,  the  sum  so  assessed  and  returned  to  him  a:i 
aforesaid,  it  may  construct  and  maintain  Its  railway  ova* 
and  across  such  premises. 

Assessment  of  damages — Notice.  §2000.  The  freehold- 
ers appointed  shall  be  the  commissioners  to  assess  al! 
damages  to  the  owners  of  real  estate  in  said  county,  and 
said  corporation,  or  the  owner  of  any  land  therein, 
may,  at  any  time  after  their  appointment,  have  the  dam- 
ages assessed  in  the  manner  herein  prescribed,  by  giv- 
ing the  other  party  10  days'  notice  thereof  in  writing, 
if  a  resident  of  this  State,  specifying  therein  the  day  an(: 
hour  when  such  commissioners  will  view  the  premises, 
which  shall  be  served  in  the  same  manner  as  original 
notices. 

Minor  or  insane  owner.  S  2001.  If  the  owner  of  any 
lands  is  a  minor,  insane,  or  other  person  under  guardian- 
ship, the  guardian  of  such  minor,  insane  or  other  person 
may,  under  the  direction  of  the  judge  of  the  District  Court, 
agree  and  settle  with  said  corporation  for  all  damageii 
by  reason  of  the  taking  of  such  lands  for  any  of  the  pur- 
poses aforesaid,  and  may  give  valid  conveyances  of  such 
land. 

Non-resident  owner.  §  2002.  If  the  owner  of  such  lands 
is  a  nonresident  of  this  State,  no  demand  of  the  land  for  a 


i 


Public  Service  Laws 


511 


right  of  way  or  other  purpose  shall  be  necessary,  except 
the  publication  of  a  notice,  which  may  be  in  the  following 
form : 

Notice  for  the  appropriation  of  lands  for  railway  pur- 
poses. 

To  (here  name  each  person  whose  land  is  to  be  taken 
or  affected)  and  all  other  persons  having  any  interest  in 
or  owning  any  of  the  following  real  estate  (here  describe 
the  land  by  its  congressional  numbers  in  tracts  not  ex- 
ceeding one-sixteenth  of  a  section,  or,  if  the  land  consists 
of  lots  in  a  town  or  city,  by  the  numbers  of  the  lot  and 
block). 

You  are  hereby  notified  that  the   has  located 

its  railway  over  the  above  described  real  estate,  and  de- 
sires   the    right   of   way   over   the    same,   to   consist   of   a 

strip  or  belt  of  land   feet  in  width,  through  the 

center  of  which  the  center  line  of  said  railway  will  run, 
together  with  such  other  land  as  may  be  necessary 
for  bernies,  waste  banks  and  borrowing  pits,  and  for 
wood  and  water  stations  (or  desires  the  same  for  any 
other  purpose  for  which  property  is  authorized  by  this 
chapter  to  be  taken),  and  unless  you  proceed  to  have  the 
damages    as    to    the    same    appraised    on    or    before    the 

day  of   ,  A.  D (which  time  must 

be  at  least  four  weeks  after  the  publication  of  the  no- 
tice), said  company  will  proceed  to  have  the  same  ap- 
praised on  the .day  of ,  A.  D 

(which  must  be  at  least  eight  weeks  after  the  first  publi- 
cation of  the  notice),  at  which  time  you  can  appear  before 
the  appraisers  that  may  be  selected. 

By     Attorhey,    or    Agent,     

Railway  Company. 

[C.  '73,   §  1247.] 

Notice  puhlished.  §  2003.  Said  notice  shall  be  pub- 
lished in  some  newspaper  in  the  county,  if  there  is  one, 
it  not,  then  in  a  newspaper  published  in  the  nearest 
county  through  which  the  proposed  railway  is  to  be  run, 
once  each  week,  for  at  least  eight  successive  weeks 
prior  to  the  day  fixed  for  the  appraisement  at  the  in- 
stance of  the  corporation. 

Appraisement.  §  2004.  At  the  time  fixed  for  either  of 
the  aforesaid  notices,  the  appraisement  of  the  lands  de- 
scribed may  be  made  and  returned;  but  the  appraisement 
and  return  may  be  in  parcels  larger  than  forty  acres 
belonging  to  one  person  and  lying  in  one  tract,  unless 
the  agent  or  attorney  of  the  corporation  or  the  commis- 
sioners have  actual  knowledge  that  the  tract  does 
not  belong  wholly  to  the  person  in  whose  name  it 
appears  of  record;  and  in  case  of  such  knowledge  the 
appraisement  shall  be  made  of  the  different  portions  as 
they  are  known  to  be  owned. 

DiveUing-housc,  garden,  or  orchard.  §  2005.  If  it  ap- 
pears from  the  finding  of  the  commissioners  that  the 
dwelling-house,  outhouse,  orchard  or  garden  of  the 
owner  of  any  land  taken  will  be  overfiowed  or  otherwise 
injuriously  affected  by  any  dam  or  reservoir  to  be  con- 
structed or  authorized  by  this  chapter,  such  dam  shall  not 
be  erected  until  the  question  of  such  overflowing  or  other 
Injury  has  been  determined  in  favor  of  the  corporation 
upon  appeal. 

Vacancies  filled.  §  2006.  In  case  of  the  death,  absence, 
neglect  or  refusal  of  any  of  said  freeholders  to  act  as 
commissioners  as  aforesaid,  the  sheriff  shall  summon 
other  freeholders  to  complete  the  panel. 

Costs.  §  2007.  The  corporation  shall  pay  all  the  costs 
of  the  assessments  made  by  the  commissioners  and 
those  occasioned  by  the  appeal,  Including  reasonable  at- 
torney fees  to  be  taxed  by  the  court,  unless  on  the 
trial  thereof  the  same  or  a  less  amount  of  damages  is 
awarded  than  was  allowed  by  the  commissioners. 

Report  recorded.  §  2008.  The  report  of  the  commis- 
sioners, where  the  same  has  not  been  appealed  from,  and 
the  amount  of  damages  assessed  and  costs  has  been 
deposited  with  the  sheriff,  or  if  an  appeal  is  taken  and  the 
amount  of  damages  assessed  or  the  trial  thereof  has  been 
paid  to  the  sheriff,  may  be  recorded  in  the  records  of 
deeds  in  the  county  where  the  land  is  situated,  and  such 
record  shall  be  presumptive  evidence  of  title  in  the  cor- 
poration of  the  property  so  taken,  and  shall  constitute  con- 
structive notice  of  the  rights  of  such  corporation  therein. 

Appeals — How  taken.  §  2009.  Either  party  may  appeal 
from    such    assessment   to    the    District   Court,    within    30 


days  after  the  assessment  is  made,  by  giving  the  adverse 
party,  or,  if  such  party  is  the  corporation,  its  agent  or 
attorney,  and  the  sheriff  notice  in  writing  that  such  ap- 
peal has  been  taken.  The  sheriff  shall  thereupon  file 
a  certified  copy  of  so  much  of  the  appraisement  as 
applies  to  the  part  appealed  from,  and  said  court  shall 
try  the  same  as  in  an  action  by  ordinary  proceedings. 
The  land  owner  shall  be  plaintiff  and  the  corporation 
deiendant. 

Deposit — Acceptance.  §  2010.  An  appeal  shall  not  de- 
lay the  prosecution  of  work  upon  said  railway,  if  said 
corporation  pays  or  deposits  with  the  sheriff  the  amount 
assessed.  The  sheriff  shall  not  pay  such  deposit  over 
to  the  person  entitled  thereto  after  the  service  of  no- 
tice of  appeal,  but  shall  retain  the  same  until  the  de- 
termination thereof.  An  acceptance  by  the  land  owner 
of  the  damages  awarded  by  the  commissioners  shall 
bar  his  right  to  appeal. 

Trial—Jiidgment—Costs.  §  2011.  On  the  trial  of  the 
appeal,  no  judgment  shall  be  rendered  except  for  costs. 
The  amount  of  damages  shall  be  ascertained  and  entered 
of  record,  and  if  no  money  has  been  paid  or  deposited 
with  the  sheriff,  the  corporation  shall  pay  the  amount 
so  ascertained,  or  deposit  the  same  with  the  sheriff,  be- 
fore entering  upon  the  premises.  Should  the  corporation 
decline  to  take  the  property  and  pay  the  damages 
awarded  on  final  determination  of  the  appeal,  then  it 
shall  pay,  in  addition  to  the  costs  and  damages  actually 
suffered  by  the  land  owner,  reasonable  attorney's  fees, 
to  be  taxed  by  the  court. 

Additional  deposit.  §  2012.  If,  on  the  trial  of  the  ap- 
peal, the  damages  awarded  by  the  commissioners  are  in- 
creased, the  corporation  shall  pay  or  deposit  with  the 
sheriff  the  whole  amount  of  damages  awarded  before 
entering  on,  or  using  or  controlling,  the  premises.  The 
sheriff,  upon  being  furnished  with  a  certified  copy  of 
the  assessment,  may  remove  said  corporation,  and  all 
persons  acting  for  or  under  it,  from  said  premises,  unless 
the  amount  of  the  assessment  is  forthwith  paid  or  de- 
posited with  him. 

Damages  reduced.  §  2013.  If  the  amount  awarded  by 
the  commissioners  is  decreased  on  the  trial  of  the  apt- 
peal,  the  reduced  amount  only  shall  be  paid  the  land 
owners. 

Channels  or  ditches  along  right  of  tcay.  §  2014.  In  any 
case  where  it  would  have  the  right  to  dig  a  channel 
or  cut  a  ditch,  so  as  to  change  and  straighten  the  course 
of  a  stream  or  water  course  too  frequently  crossed  by 
such  road  for  the  purpose  of  protecting  the  right  of 
way  and  roadbed,  or  promoting  safety  and  convenience 
in  operation  of  the  road,  it  may,  if  it  cannot  agree  with 
the  owners  of  the  land  to  be  crossed  by  such  channel  or 
ditch,  either  as  to  its  location  or  the  price  to  be  paid 
for  land  taken,  condemn  an  amount  sufficient  and  conven- 
ient for  such  purpose,  in  the  same  manner  that  lands 
for  the  right  of  way  for  the  roadbed  may  be  condemned; 
and  such  condemnation  shall  be  made  with  the  same 
rights  of  appeal  as  in  ether  cases  of  condemnation  ol 
land  for  right  of  way  uses.  Nothing  in  this  section 
shall  give  the  corporation  the  right  to  change  the  course 
of  any  stream  or  water  course  where  such  right  does 
not  otherwise  exist,  nor  to  turn  such  stream  or  water 
course  off  from  any  cultivated  meadow,  or  pasture  lands, 
■when  it  only  touches  such  lands  at  one  point,  unless  the 
owner  or  owners   thereof   consent   to   such   diversion. 

Non-user  of  right  of  way.  §  2015.  Where  a  railway 
constructed  in  whole  or  in  part  has  ceased  to  be  operated 
for  more  than  five  years,  or  where  the  construction  of  a 
railway  has  been  commenced  and  work  on  the  same 
has  ceased  and  has  not,  in  good  faith,  been  resumed 
for  more  than  five  years,  and  remains  unfinished;  or  where 
any  portion  of  any  such  railway  has  not  been  operated  for 
four  consecutive  years,  and  the  rails  and  rolling  stock 
have  been  wholly  removed  therefrom,  it  shall  be  treated 
as  abandoned,  and  all  rights  of  the  person  or  corpora- 
tion constructing  or  operating  any  such  railway,  over  so 
much  as  remains  unfinished  or  from  which  the  rails 
and  rolling  stock  have  been  wholly  removed,  may  be  entered 
upon  and  appropriated  as  provided  in  the  next  section. 
If  the  railway  or  any  part  thereof  shall  not  be  used 
or  operated  for  a  period  of  eight  years,  or  if,  as  con- 
struction   having    been    commenced,    work    on    the    same 


512 


National  Association  of  Railway  Commissioners 


has  ceased  and  has  not  been  in  good  faith  resumed 
lor  eight  years,  the  right  of  way,  including  the  roadbed, 
shall  revert  to  the  owner  of  the  land  from  which  said 
right  of  way  was  taken. 

Condemning  abandoned  right  of  way.  §  2016.  In  case 
of  abandonment,  as  provided  in  the  preceding  section, 
any  other  corporation  may  enter  upon  such  abandoned 
work,  or  any  part  thereof,  and  acquire  the  right  of  way 
over  the  same,  and  the  right  to  any  unfinished  work  or 
grading  found  thereon,  and  the  title  thereto,  by  proceed- 
ing as  near  as  may  be  in  the  manner  provided  in  this  chap- 
ter: but  parties  who  have  previously  received  compensa- 
tion in  any  form  for  the  right  of  way  on  the  line  of  such 
abandoned  railway,  which  has  not  been  refunded  by  them, 
shall  not  be  permitted  to  recover  the  second  time.  The 
value  of  such  roadbed  and  right  of  way,  excluding  the 
work  done  thereon,  when  taken  for  a  new  company,  shall 
be  assessed  for  the  benefit  of  the  former  company  or  its 
legal  representative. 

Raising  or  lowering  highways.  §  2017.  Any  such  cor- 
poration may  raise  or  lower  any  turnpike,  plank  road  or 
other  road  for  the  purpose  of  having  its  railway  cross  over 
or  under  the  same,  and  in  such  cases  said  corporation 
shall  put  such  road,  as  soon  as  may  be,  in  as  good  repair 
and  condition  as  before  such  alteration. 

Further  repairs.  §  2018.  If  the  supervisors,  trustees, 
city  council,  or  other  person  having  jurisdiction  over  such 
road,  require  further  or  different  repairs  or  alternations 
made  thereon,  or  if  the  same,  in  their  opinion,  is  unsafe, 
they  shall  give  notice  thereof  in  writing  to  any  agent  or 
officer  of  the  corporation,  and,  if  the  parties  are  unable  to 
agree  respecting  the  same,  either  may  apply  by  petition, 
setting  out  the  ficts,  to  the  District  Court  or  judge  thereof, 
and  such  court  or  judge  shall  cause  reasonable  notice 
to  be  given  the  adverse  party  of  the  application.  The 
petition  shall  be  filed  in  the  clerk's  oifice,  and  may  be 
answered  as  in  other  cases.  The  court  shall  determine  the 
matter  in  a  summary*  way,  and  make  the  necessary  orders 
in  relation  thereto,  giving  such  corporation,  if  found  at 
fault,  a  reasonable  time  to  comply  therewith,  and,  upon 
failure  to  do  so,  it  may  enjoin  the  corporation  from  using 
so  much  of  its  road  as  interferes  with  any  such  roads,  and 
may  award  costs  in  favor  of  the  prevailing  party. 

Temporary  ways.  §  2019.  Every  such  corporation,  when 
employed  in  raising  or  lowering  any  road,  or  in  making 
any  other  alternation  by  means  of  which  the  same  may  be 
obstructed,  shall  provide  and  keep  in  good  order  suitable 
temporary  ways  to  enable  travelers  to  avoid  or  pass  such 
obstructions. 

Crossing  railways,  canals,  etc.  §  2020.  Any  such  cor- 
poration may  construct  and  carry  its  railway  across,  over 
or  under  any  railway,  canal  or  water  course,  when  it  may 
be  necessary  in  the  construction  of  the  same,  and  in  such 
cases  it  shall  so  construct  its  crossings  as  not  unnecessar- 
ily to  impede  the  travel,  transportation  or  navigation  upon 
the  railway,  canal  or  stream  so  crossed.  Said  corporation 
shall  be  liable  for  the  damages  occasioned  to  any  person 
Injured  by  reason  of  said  crossing. 

Bridges — Damages.  §  2021.  Every  such  corporation 
shall  maintain  and  keep  in  good  repair  all  the  bridges, 
with  their  abutments,  which  it  may  construct  for  the  pur- 
pose of  enabling  its  railway  to  pass  over  or  under  any  turn- 
pike, road,  canal,  water  course  or  other  way,  and  shall  be 
liable  for  all  damages  sustained  by  any  person  in  conse- 
quence of  any  neglect  of  violation  of  the  provisions  of 
this  chapter. 

Cattle  guards  at  private  crossings  of  railways.  §  2022. 
When  any  person  owns  land  on  both  sides  of  any  railway, 
the  corporation  owning  the  same  shall,  when  requested  so 
to  do,  make  and  keep  in  good  repair  a  sufiicient  causeway 
or  other  adequate  means  of  crossing  the  same  and  one 
cattle-guard  on  each  side  thereof  connected  by  cross  fences 
to  the  right  of  way  fence  on  each  side  of  the  right  of 
way,  at  such  reasonable  place  as  may  be  designated  by  the 
owner. 

Right-of-way  for  canal,  turnpike,  or  bridge.  §  2023  When 
any  corporation  or  person  desires  to  construct  a  canal, 
turnpike,  graded,  macadamized  or  plank  road,  or  a  bridge, 
■uch  corporation  or  person  may  take  such  private  property 
as  may  be  necessary  for  right  of  way,  not  exceeding  one 


hundred  feet  in  width,  by  pursuing  the  course  prescribed 
in  this  chapter. 

Interurban  railways  upon  highways.  §  2026  [as  amended 
by  chapter  97,  Acts  of  1907].  Any  interurban  or  street  rail- 
way, may  for  the  purpose  of  constructing  or  extending  Its 
line  locate,  build  and  operate  its  road  by  any  power  other 
than  steam,  over  and  along  any  portion  of  the  public  road, 
beyond  the  limits  of  any  city  or  town,  which  is  100  feet  or 
more  wide.  It  shall  as  soon  as  practicable  put  the  road  in 
as  good  repair  as  it  was  before  its  use  for  such  railway. 
Boards  of  supervisors  are  authorized  to  accept  for  road 
purposes  conveyances  of  land  adjoining  any  such  road 
or  part  thereof  sufficient  to  increase  the  same  to  the  width 
of  100  feet;  but  in  any  county  in  which  such  company  de- 
sires to  operate  its  line  of  railway  over  a  road  not  less 
than  60  feet  in  width,  for  a  distance  not  over  two  miles, 
beyond  the  limits  of  a  city  or  town,  the  board  of  super- 
visors may  grant  the  right  to  it  to  operate  its  line  over  said 
road,  not  exceeding  two  miles,  under  such  rules  and  regu- 
lations as  said  board  may  prescribe,  and  may  also  from 
time  to  time  make  such  further  reasonable  regulations  as 
may  be  necessary.  Where  an  interurban  railway  desires 
to  operate  its  lines  along  or  upon  a  public  highway  beyond 
the  limits  of  any  city  or  town,  and  in  the  opinion  of  the 
board  of  supervisors  of  the  county  in  which  such  highway 
is  located,  it  is  impracticable  or  inexpedient  to  increase 
the  width  thereof  to  100  feet,  such  board  of  supervisors 
may  permit  such  interurban  railway  company  to  construct 
and  operate  its  railway  along  and  upon  such  highway, 
under  such  restrictions  and  regulations  as  the  board  mar 
deem  advisable;  but  no  such  railway  shall  construct  or 
operate  its  line  along  or  upon  such  highway  until  a  writ- 
ten statement  of  consent  of  two-thirds  of  the  resident} 
owning  property  abutting  upon  such  highway  shall  havj 
been  obtained  and  filed  with  the  auditor  of  the  county  l:i 
which  the  highway  is  located;  but  no  such  written  consent 
signed  by  any  abutting  land  owner  shall  be  construed  t> 
waive  any  claim  for  damages  he  may  have  on  account  of 
the  location  and  construction  of  such  railway  upon  anil 
along  the  highway  in  front  of  the  premises  unless  expressly 
so  stated  therein,  and  no  such  written  consent  shall  havii 
the  effect  to  deprive  any  other  abutting  land  owner  o' 
his  right  to  recover  damages  therefor.  And  in  all  casei 
the  location,  construction  and  operation  of  such  interurbaii 
'railway  shall  be  subject  to  the  provisions  of  §2027  of  th- 
Code. 

Damages  to  abutting  owners.  §  2027.  Unless  the  own 
ers  of  the  land  abutting  each  side  of  said  road  shall  con 
sent  to  such  use,  the  railway  company  shall  pay  all  dam 
ages  sustained  by  the  land  owners  caused  by  buildini 
said  road,  which  shall  be  ascertained  and  paid  in  the  sami 
manner  as  is  provided  for  taking  private  property  foi 
works  of  international  improvement,  and  it  shall  also  b< 
liable  for  all  damages  resulting  from  the  carelessness  o 
its  ofiicers,  agents  or  servants  in  the  construction  or  oper 
ation  of  its  railway. 

Ways  to  lands  ichich  have  none.  §  2028.  Any  person 
corporation  or  copartnership  owning  or  leasing  any  lam 
not  having  a  public  or  private  way  thereto,  may  have  t 
public  way  to  any  railway  station,  street  or  highway  estab 
lished  over  the  land  of  another,  not  exceeding  40  feet  li 
width,  to  be  located  on  a  division  line  or  immediatelj 
adjacent  thereto;  but  if  fi  railway  is  to  be  constructet 
thereon,  as  provided  in  §  2031  the  same  may  be  locatec 
wherever  necessary  and  practicable,  but  not  exceedlni 
100  feet  in  width,  and  not  interfering  with  buildings 
orchards,  gardens  or  cemeteries;  and  when  the  same  shall 
be  constructed  it  shall,  when  passing  through  inclosM 
land,  be  fenced  on  both  sides  by  the  person  or  corporatloi 
causing  it  to  be  established. 

Proceedings  to  condemn.  §  2029.  If  the  owner  of  any 
real  estate  necessary  to  be  taken  refuses  to  grant  thii 
right  of  way,  if  he  and  the  person,  partnership  or  cor- 
poration asking  its  establishment  cannot  agree  upon  tho 
compensation  to  be  paid  therefor,  the  sheriff  of  tho 
county  in  which  said  real  estate  is  situated'  shall,  upon 
the  application  of  either  party,  appoint  six  freeholdeni 
of  the  county,  not  interested  in  the  same  or  a  like  ques- 
tion, who  shall  assess  the  damage  which  said  owner  will 
sustain,  and  make  report  thereof  in  writing  to  tho 
sheriff,  and,  if  the  applicant  for  such  way  shall,  before 
entering  updn   said  real  estate   for  the   purpose  of  con- 


Public  Service  Laws 


513 


structlng  such  way,  pay  to  the  sheriff  for  the  use  of 
the  owner  the  sum  assessed,  said  road  may  be  at  once 
constructed   and   maintained. 

Provisions  applicable.  §  2030.  The  application  to  the 
sheriff,  and  all  other  proceedings  relating  thereto,  the 
result  of  non-user,  and  the  rights  and  duties  as  to  other 
roads,  shall  he  the  same  as  provided  in  this  chapter 
In  relation  to  the  taking  of  private  property  for  the 
right  of  way  of  railroads,  the  effect  of  non-user  or 
abandonment  of  such  rights  of  way  and  roadbeds,  and  In 
the  chapter  or  chapters  of  this  Code  relating  to  roads, 
except  that  the  report  of  the  commissioner  and  the  rec- 
ord thereof  shall  confer  no  title  upon  the  applicant  for 
the  land  so  taken,  but  shall  be  presumptive  evidence 
of  the  establishment  of  such  way. 

Railway  established.  §  2031.  Any  owner,  lessee  or  pos- 
sessor of  lands  having  coal,  stone,  lead  or  other  min- 
eral thereon,  who  has  paid  the  damages  assessed  for 
roads  established  as  above  provided,  may  construct, 
use  and  maintain  a  railway  thereon,  for  the  purpose 
of  reaching  and  operating  any  quarry  or  mine  on  such 
land  and  of  transporting  the  products  thereof  to  market. 
In  giving  the  notices  required  in  such  cases,  the  appli- 
cant shall  state  whether  a  railway  is  to  be  constructed 
and  maintained  on  the  way  sought  to  be  established, 
and,  if  it  be  so  stated,  the  jury  shall  consider  that  fact 
In  the  assessment  of  damages. 

Rights  of  riparian  owners.  §  2032.  All  owners  and  les- 
sees of  lands  or  lots  situated  upon  the  Iowa  banks 
of  the  Mississippi  or  Missouri  rivers,  upon  which  any 
business  is  carried  on  which  Is  in  any  way  connected 
with  the  navlgatiort  of  either  of  said  rivers,  or  to  which 
such  navigation  Is  a  proper  or  convenient  adjunct, 
are  authorized  to  construct  and  maintain,  in  front  of 
their  property,  piers,  cribs,  booms  and  other  proper 
and  convenient  erections  and  devices  for  the  use  of  their 
respective  pursuits,  and  the  protection  and  harbor  of 
rafts,  logs,  floats  and  other  water  crafts,  in  such  man- 
ner as  to  create  no  material  or  unreasonable  obstruc- 
tion to  the  navigation  of  the  stream,  or  to  a  similar  use 
of  adjoining  property. 

Construction  of  railroad.  §  2033.  No  person  or  corpora- 
tion shall  construct  or  operate  any  railroad  or  other  ob- 
struction between  such  lots  or  lands  and  either  of  said 
rivers,  or  upon  the  shore  or  margin  thereof,  unless 
the  Injury  and  damages  to  owners  or  lessees  occasioned 
thereby  shall  be  first  ascertained  and  compensated  In  the 
manner  provided  in  this  chapter  for  taking  private 
property  for  works  of  Internal  Improvement. 

CHAPTER  IVa. 

OF    INTERURBAN    RAILWAYS. 

Interurban  railway  defined.  §  2033a.  Any  railway  op- 
erated upon  the  streets  of  a  city  or  town  by  electric 
or  other  power  than  steam,  which  extends  beyond  the 
corporate  limits  of  such  city  or  town  to  another  city, 
town  or  village,  or  any  railway  operated  by  electric 
or  other  power  than  steam,  extending  from  one  city, 
town  or  village  to  another  city,  town  or  village,  shall 
be  known  as  an  Interurban  railway,  and  shall  be  a  work 
of  Internal  Improvement. 

What  statutes  apply.  §  203Sb.  The  words  railway,  rail 
way  company,  railway  corporation,  railroad,  railroad 
company,  and  railroad  corporation,  as  used  in  the  code 
and  Acts  of  the  general  assembly,  now  in  force  or  here- 
after enacted,  are  hereby  declared  to  apply  to  and  include 
all  interurban  railways,  and  all  companies  or  corpora- 
tions constructing,  owning  or  operating  such  interurban 
street  railways,  and  all  provisions  of  the  Code  and  Acts 
of  the  general  assembly,  now  in  force  or  hereafter  en- 
acted, affecting  railways,  railway  companies,,  railway 
corporations,  railroads,  railroad  companies  and  railroad 
corporations,  are  hereby  declared  to  affect  and  apply  In 
full  force  and  effect  to  all  interurban  railways,  and  to 
all  interurban  railway  companies  or  railway  corpora- 
tions constructing,  owning  or  operating  such  Interurban 
railways. 

When  a  street  railway.  §  2033c.  Any  Interurban  rail- 
way shall  within  the  corporate  limits  of  any  city  or 
town,  or  of  any  city  acting  under  a  special  charter, 
upon   such   streets   as    It   shall   use   for   transporting   pas- 


sengers, mail,  baggage,  and  such  parcels,  packages,  and 
freight  as  It  may  carry  In  its  passenger  or  combination 
baggage  cars  only,  be  deemed  a  street  railway,  and 
be  subject  to  the  laws  governing  street  railways. 

Powers  of  cities  and  towns.  §  2033d.  Cities  and  towns 
and  cities  acting  under  special  charters,  shall  have  power 
to  authorize  or  forbid  the  construction  of  such  rail- 
ways upon,  or  over,  or  along  the  streets,  alleys  and 
public  grounds  within  their  limits  and  to  prescribe 
the  conditions  and  regulations  under  which  said  rail- 
ways shall  be  constructed  and  operated  within  said 
limits.  But  the  right  to  operate  as  a  street  railway 
under  §  3  of  this  Act  shall  not  be  granted  for  a 
period  exceeding  25  years.  Nothing  herein  shall  Impair 
the  obligation  of  contracts  of  such  city  or  town  here- 
tofore made.  This  Act  shall  not  in  any  manner  affect 
§§  7775  and  776  of  the  code,  which  shall  be  applicable 
to   Interurban  railways. 

Grade-crossings — Duties  of  employes— Penalty.  §  2033e. 
Wherever  the  tracks  of  an  Interurban  railway  cross  the 
tracks  of  any  steam  railway  at  grade  the  steam  rail- 
way shall  have  the  right  of  way  and  not  be  com- 
pelled to  stop  its  trains  and  the  interurbanrailway 
company  operating  said  line  shall  cause  Its  cars 
to  come  to  a  full  stop  not  nearer  than  10  feet 
nor  further  than  50  feet  from  such  crossing,  and 
before  proceeding  to  cross  said  steam  railway  tracks 
shall  cause  sme  person  in  its  employ  first  to  cross 
said  track  ahead  of  said  car  or  cars  and  ascer- 
tain if  the  way  is  clear  and  free  from  danger  for  the 
passage  of  said  interurban  cars,  and  said  interurban 
cars  shall  not  proceed  to  cross  until  signaled  to  do 
so  by  such  person  employed  as  aforesaid,  or  said  way 
is  clear  for  such  passage  over  said  tracks.  Every  person 
in  charge  of  any  interurban  car  or  cars,  who  wilfully 
fails  to  comply  with  the  provisions  hereof  and  falls 
to  bring  the  car  or  cars  which  he  has  In  charge  to 
a  stop,  or  causes  the  same  to  cross  said  steam  rail- 
way tracks  before  the  way  is  clear  or  he  is  signaled  to 
do  so,  shall  be  subject  to  a  fine  of  not  less  than  JlOO 
nor  more  than  $200  or  imprisonment  in  the  county  jalt 
not  to  exceed  12  months  in  the  discretion  of  the  court. 
No  steam  railway  shall  obstruct  the  free  passage  of  th» 
cars  of  an  Intersecting  Interurban  railway  at  such  cross- 
ing. 

AUTOMOBILE  BAILWATS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Automobile  railway — Statutes  applicable.  §  1.  Any  sys- 
tem of  railway  operating  cars  within  the  State  of  Iowa 
over  or  upon  any  track  other  than  steel  or  iron  shall 
be  known  as  an  automobile  railway,  and  shall  be  a  work 
of  internal  improvement.  The  words  "railway,"  "rail- 
way company,"  "railway  corporation,"  "railroad,"  "rail- 
road company,"  or  "railroad  corporation,"  as  used  in 
the  code  and  Acts  of  the  general  assembly  now  in  force 
or  hereafter  enacted,  are  hereby  declared  to  apply  to  and 
Include  automobile  railways,  and  all  companies  or  corpora- 
tions owning  or  operating  such  automobile  railways,  and 
all  provisions  of  the  Code  and  Acts  of  the  general  assembly 
now  In  force  or  hereafter  enacted,  affecting  railways,  rail- 
way companies,  railway  corporations,  railroads,  railroad 
companies  or  railroad  corporations,  are  hereby  declared  to 
affect  and  apply  in  full  force  .and  effect  to  all  automo- 
bile railways  and  to  all  automobile  railway  companies 
owning  or  operating  such  automobile  railways. 

In  effect.  §  2.  This  Act,  being  deemed  of  Immediate 
importance,  shall  take  effect  and  be  In  force  from  and 
after  the  date  of  its  publication  in  the  Register  and 
Leader  and  In  the  Des  Moines  Capital,  newspapers 
published  In  the  city  of  Des  Moines,  Iowa. 
Approved   April   4,   1907. 

CHAPTER  V. 

OF    THE    CONSTRUCTION    AND    OPERATION    OF    RAILWAYS. 

Change  of  name.  §  2034.  Any  corporation  organized 
under  the  laws  of  this  State  for  the  purpose  of  construct- 
ing and  operating  a  railway  may,  with  the  consent  of 
two-thirds  of  all  the  stockholders  in  interest,  change  the 
corporate  name  thereof,  but  no  such  change  shall  be  com- 
plete until  the  president  and  secretary  shall  file  in  the 
office  of  the  secretary  of  State  a  statement  under  oath 
showing  the  consent  of  the  stockholders  thereto  and  the 


514 


Xatioxal  Association'  oi;'  Railway  Commissioxers 


new  name  adopted,  with  a  certified  copy  of  the  pro- 
ceedings in  relation  thereto  as  app€ars  in  the  records 
thereof,  and  from  that  time  the  corporation  by  its 
new  name  shall  be  entitled  to  all  the  rights,  powers 
and  franchises  that  it  possessed  under  the  old  one, 
and  by  such  new  name  shall  be  liable  upon  all  con- 
tracts and  obligations  entered  into  by  or  binding  upon 
such  corporation  under  the  old  name  to  the  same  extent 
and  in  the  same  manner  as  if  no  change  had  been  made. 
Record.  §  2035.  The  secretary  of  State  shall  immedi- 
ately record  in  the  proper  book  in  his  office  matter 
filed  under  the  preceding  section,  making  references  to 
the   record  of  the  articles  of  incorporation. 

May  join  or  consolidate.  §  2036.  Any  such  corporation 
may  join,  intersect  and  unite  its  railway  with  that  of 
any  other  corporation  at  such  point  upon  the  boundary 
line  of  this  State  as  may  be  agreed  upon,  and,  with  the 
consent  of  three-fourths  in  interest  of  all  the  stockhold- 
ers, by  purchase,  sale  or  otherwise,  may  merge  and 
consolidate  the  stock,  property,  franchises  and  liabili- 
ties of  such  corporations,  making  the  same  one  corpora- 
tion, upon  such  terms  as  may  be  agreed  upon,  not  in 
conflict  with  the  law. 

Connections.  §  2037.  Any  such  corporation  which  has 
constructed  or  may  construct  its  railway  so  as  to  meet 
or  connect  with  another  railway  in  an  adjoining  State  at 
the  boundary  line  of  this  State,  may  make  such  con- 
tracts and  agreements  therewith  for  the  transportation 
of  freight  and  passengers,  or  the  use  of  its  railway,  as 
the  board  of  directors  may  see  proper,  and  not  inconsistent 
with  law. 

Extension.  §  2038.  Any  such  corporation  organized  lor 
the  State  may  construct  or  extend  the  same  into  or 
the  purpose  of  constructing  a  railway  from  a  point  within 
through  any  other  State,  under  such  regulations  as 
may  be  prescribed  by  the  laws  of  such  State,  and  its 
rights  and  privileges  over  said  extension  in  the  con- 
struction and  use  thereof,  and  in  controlling  and  ap- 
plying the  assets,  shall  be  the  same  as  it  its  railway 
was  constructed  wholly  within  the  State. 

Duties  and  liaHlities  of  lessees.  §  2039.  All  the  duties 
and  liabilities  imposed  by  law  upon  corporations  owning 
or  operating  railways  shall  apply  to  all  lessees  or  other 
persons  owning  or  operating  such  railways  as  fully  as  if 
they  were  expressly  named  herein,  and  any  action  which 
might  be  brought  or  penalty  enforced  against  any  such 
corporation  by  virtue  of  any  provisions  of  law  may  be 
brought  or  enforced  against  such  lessees  or  other  persons. 
Offices.  §  2040.  The  offices  of  secretary  and  treasurer 
■or  assistant  treasurer  and  general  superintendent  of  rail- 
■way  corporations  organized  under  the  laws  of  the  State 
ehall  be  where  its  principal  place  of  business  is  or  is  to 
be,  in  which  the  original  record,  stock  and  transfer  books 
and  all  the  original  papers  and  vouchers  thereof  shall  be 
kept.  Such  treasurer  or  assistant  treasurer  shall  keep 
a  record  of  the  financial  condition  of  the  corporation, 
which  shall  be  open  to  inspection  by  any  stockholder,  or 
any  committee  appointed  by  the  general  assembly,  at  all 
reasonable  times.  It  may  keep  a  transfer  office  in  any 
other  State,  with  a  duplicate  transfer  book,  but  no  transfer 
of  shares  of  stock  shall  be  legal  or  binding  until  the  same 
is  entered  in  the  one  kept  in  the  State.  The  secretary  and 
treasurer  or  assistant  treasurer  and  general  superintendent 
shall  reside  in  this  State. 

Bonds — Mortgages.  §  2041.  Any  such  corporation  may 
issue  its  bonds  for  the  construction  and  equipment  of  its 
railway  in  sums  of  not  less  than  $50,  payable  to  bearer  or 
otherwise,  with  interest  not  exceeding  8  per  cent  per 
annum,  and  making  them  convertible  into  stock,  and  sell 
the  same  at  such  prices  as  is  thought  proper.  If  such 
bonds  are  sold  below  par  they  shall,  nevertheless,  be  valid, 
and  no  plea  of  usury  shall  be  allowed  in  any  action  or 
proceeding  brought  to  enforce  the  collection  thereof.  Such 
corporation  may  also  secure  the  payment  of  the  bonds  by 
mortgages  or  deeds  of  trust  upon  the  whole  or  any  part 
of  its  property  and  franchises. 

After-acquired  property.  §  2042.  Such  mortgages  or 
deeds  of  trust  may  by  their  terms  include  and  cover  not 
only  the  property  of  the  corporation  making  them,  owned 
at  the  time  of  their  date,  but  all  property  real  and 
versrnal  which  may  thereafter  be  acquired,  and  they  shall 


be  as  valid  and  effectual  for  that  purpose  as  if  the  proper 
was  in  possession  at  the  time  of  their  execution. 

Execution  of  mortgages.  §  2043.  They  shajl  be  executed 
in  the  manner  the  articles  of  incorporation  or  the  by-laws 
of  the  corporation  may  provide,  and  be  recorded  in  each 
county  through  which  the  railway  of  the  company  may  be 
located,  or  in  which  any  property  mortgaged  or  conveyed 
may  be  situated,  and  when  recorded  shall  be  constructive 
notice  of  the  rights  of  all  parties  thereunder  and  for  this 
purpose  the  rolling  stock  and  personal  property  of.  the 
company  belonging  to  the  road  shall  be  deemed  a  part 
thereof,  and  such  mortgages  and  deeds  so  recorded  shall 
protect  the  lien  of  the  mortgagee  or  grantee  upon  personal 
property  to  the  same  extent  that  it  does  upon  real  estate 
thus  mortgaged  or  conveyed. 

Preferred  stock.  §  2044.  Any  such  corporation,  with 
the  consent  of  the  holders  of  two-thirds  of  all  its  stock, 
having  no  funds  with  which  to  pay  the  interest  on  its 
bonded  debt  or  the  principal  thereof,  or  of  other  debts, 
may  issue  preferred  stock  equal  to  its  bonded  debt  and 
$10,000  per  mile  upon  its  completed  road,  and  exchange 
the  same  for  its  bonds  at  par,  and  pay  its  other  debts  thers- 
\yith  at  par,  and  such  stock  shall  be  entitled  to  such  an- 
nual dividends  as  the  directors  may  determine,  not  ex- 
ceeding 8  per  cent,  payable  from  the  net  profits  of  tl  e 
business  of  the  road  each  year;  but  the  earnings  of  any 
one  year  shall  not  be  used  in  whole  or  in  part  to  pay 
dividends  on  any  past  or  future  year,  nor  shall  the  divi- 
dends be  paid  thereon  until  all  the  interest  on  its  interei  t 
bearing  indebtedness  not  represented  by  such  stock  shall 
have  been  paid.  The  dividends  at  the  rate  determined 
by  the  directors  shall  be  paid  on  such  stock  before  any  caa 
be  paid  on  the  common  stock. 

Conversion  into  common  stock.  §  2045.  Such  preferred 
stock  and  any  income  or  mortgage  bond  of  the  corporatio  i 
shall,  at  the  option  of  the  holder,  be  convertible  int  3 
common  stock  on  such  terms  as  the  board  of  directors  ma  / 
prescribe,  but  the  aggregate  amount  of  the  common  an  1 
preferred  stock  shall  not  exceed  the  total  amount  of  stoc  c 
which  the  corporation  may  be  authorized  by  law,  or  th  J 
articles  of  incorporation,  to  issue. 

Selection  of  directors  by  bondholders.  §  2046.  Any  ral  - 
way  corporation  organized  under  any  law  of  the  Stati  , 
including  consolidated  corporations  created  pursuant  t ) 
the  laws  of  this  and  any  adjoining  State,  may  in  sue  i 
manner,  under  such  regulations,  and  to  such  an  extent  a  i 
may  be  prescribed  by  its  board  of  directors,  and  consente  1 
to  by  at  least  two-thirds  of  the  capital  stock  then  ou  - 
standing,  confer  upon  the  holders  of  its  bonds  or  other 
evidences  of  indebtedness,  or  upon  the  holder  of  any  pa;  - 
ticular  class  of  such  bonds  or  evidences  of  indebtednes  , 
the  right  to  vote  for  directors  thereof,  one  or  more  t  f 
whom  may  be  chosen  from  among  such  bondholders. 

Corporation  may  own  stock.  §  2047.  Any  railway  co:  - 
poration  organized  under  the  laws  of  the  State,  or  ope  - 
ating  a  road  therein  under  the  authority  of  the  laws 
thereof,  may  acquire,  own  and  hold  either  the  whole  or  an/ 
part  of  the  stock,  bonds  or  other  securities  of  any  other 
railroad  company  of  this  or  any  adjoining  State. 

Foreign  railway  companies — Privileges.  §2048.  Any 
railway  corporation  organized  or  created  by  or  under  the 
laws  of  any  other  Staje,  owning  and  operating  a  line  cr 
lines  of  railroad  in  such  State,  may  build  its  road  cr 
branches  into  this  State,  and  shall  possess  all  the  poweis 
and  privileges,  and  be  subject  to  the  same  liabilities,  as 
like  corporations  organized  and  incorporated  under  the 
laws  of  this  State,  if  it  shall  file  with  the  secretary  <f 
State  a  copy  of  its  articles  of  incorporation,  if  incorporated 
under  a  general  law  of  such  Statte,  or  a  certified  copy  (f 
the  statute  incorporating  it  where  the  charter  thereof  was 
granted  by  statute. 

Bonds  secured  by  mortgage.  S  2049.  Any  railway  cor- 
poration organized  under  the  laws  of  the  State  may 
mortgage  its  property  and  franchises,  in  whole  or  in  part, 
to  secure  bonds  issued  by  it  to  pay  or  refund  its  Indebted- 
ness, to  improve  or  develop  its  property,  or  for  the  purpose 
of  effecting  the  object  of  its  incorporation,  to  be  issued 
in  such  amounts,  run  for  such  length  of  time,  be  payable 
within  or  without  the  State,  and  bear  such  rate  of  interest, 
not  to  exceed  the  legal  rate  in  the  State  at  the  time  of 
issue,  as  the  company  issuing  the  same  shall  determine. 


Public  Service  Laws 


515 


Mortgage  to  secure  'bonds  of  lessee.  §  2050.  Any  rail- 
way corporation  organized  under  the  laws  of  the  State  may 
mortgage  its  property  and  franchises,  in  whole  or  in  part, 
to  secure  bonds  issued  by  any  other  railway  corporation 
of  this  or  any  other  State,  which,  at  the  time,  is  operating 
the  road  of  such  mortgagor  under  lease  thereof,  such 
bonds  to  be  issued  to  refund  or  to  secure  the  means  to 
pay  the  indebtedness  of  such  lessor,  or  improve  or  develop 
its  property,  for  the  purpose  of  effecting  the  object  of  its 
incorporation.  Such  bonds  may  be  issued  in  such  amounts, 
run  for  such  length  of  time,  be  made  payable  within  or 
without  the  State,  and  bear  such  rate  of  interest,  not  ex- 
ceeding the  legal  rate  in  this  State  at  the  time  they  are 
issued,  as  may  be  determined  by  and  be  acceptable  to  such 
lessee.  The  lessee  may  secure  the  bonds  issued  by  it 
for  any  of  the  purposes  aforesaid  by  a  mortgage  of  its 
leasehold  interest  in  the  property  and  franchises  of  the 
lessor. 

Conditional  sale  or  lease  of  equipment  or  rolling  stock. 
%  2051.  In  any  contract  for  the  sale  of  railroad  or  street 
railway  equipment  or  rolling  stock  or  power  house,  elec- 
tric or  other  equipment  of  street  or  interurban  railways 
or  of  electric  light  and  power  companies  or  of  steam  heat- 
ing companies,  such  equipment  including  engines,  boilers, 
generators,  switch  boards,  transformers,  motors  and  other 
machinery  and  appliances,  it  may  be  agreed  that  the  title 
thereto,  although  possession  thereof  be  delivered  immedi- 
ately or  at  any  time  or  times  subsequently,  shall  not  vest 
In  the  purchaser  until  the  purchase  price  shall  be  fully 
paid,  or  that  the  seller  shall  have  and  retain  a  lien  there- 
on for  the  unpaid  purchase  money.  In  any  contract  for 
the  leasing  or  hiring  of  such  property,  it  may  be  stipulated 
for  a  conditional  sale  thereof  at  the  termination  of  such 
contract,  and  that  the  rentals  or  amounts  to  be  received 
under  such  contract  may,  as  paid,  be  applied  and  treated 
as  purchase  money,  and  that  the  title  to  the  property  shall 
not  vest  in  the  lessee  or  bailee  until  the  purchase  price 
shall  have  been  paid  in  full,  and  until  the  terms  of  the 
contract  shall  have  been  fully  performed,  notwithstanding 
delivery  to  and  possession  by  such  lessee  or  bailee;  but  no 
such  contract  shall  be  valid  as  against  any  subsequent 
judgment  creditor,  or  subsequent  bona  fide  purchaser  for 
value  without  notice,  unless 

1.  The  same  shall  be  evidenced  by  an  instrument  exe- 
cuted by  the  parties  and  acknowledged  by  the  vendee,  or 
lessee,  or  bailee,  as  the  case  may  be,  in  the  same  manner 
as  deeds  are  acknowledged  or  proved. 

2.  Such  instrument  shall  be  filed  for  record  in  the 
office  of  the  secretary  of  State. 

3.  Each  locomotive  engine,  stationary  engine,  boiler, 
switch  board,  transformer,  motor,  other  piece  of  machinery 
or  appliance  or  car  sold,  leased  or  hired  as  aforesaid  shall 
have  the  name  of  the  vendor,  lessor  or  bailor  plainly 
marked  on  each  side  thereof,  followed  by  the  word 
"owner,"  "lessor"  or  "bailor,"  as  the  case  may  be. 

Recording.  §  2052.  The  contracts  herein  authorized 
shall  be  recorded  by  the  seoeetary  of  State  in  a  book 
of  records  to  be  kept  for  that  purpose,  and,  on  payment 
In  full  of  the  purchase  money  and  the  performance  of 
the  terms  and  conditions  stipulated  in  any  such  con- 
tract, a  declaration  in  writing  to  that  effect  may  be 
made  by  the  vender,  lessor  or  bailor,  or  his  or  its 
assignee,  which  declaration  may  be  made  on  the  margin 
of  the  record  of  the  contract,  duly  attested,  or  it  may 
be  made  by  a  separate  instrument,  to  be  acknowledged 
by  the  vendor,  lessor  or  bailor,  or  his  or  its  assignee, 
and  recorded  as  aforesaid.  For  such  services  the  secre- 
tary of  State  shall  be  entitled  to  a  fee  of  10  cents  per 
hundred  words  for  recording  each  of  the  contracts,  and 
each  of  said  declarations,  but  in  no  case  shall  the  fee 
be  less  than  $1  and  a  fee  of  $1  for  noting  such  declara- 
tion  on  the   margin   of  the   record. 

Prior  contracts.  §  2053.  The  two  preceding  sections 
shall  net  be  held  to  invalidate  or  affect  in  any  way  any 
contract  of  the  kind  referred  to  in  the  last  preceding 
section  but  one,  made  prior  to  April  24,  1894,  and  any 
such  contract  made  before  said  date  may,  upon  com- 
pliance with  these  provisions,  be  recorded  as  herein 
provided. 

Cattle-guards — Crossings — Signs.  §  2054.  Every  corpo- 
ration constructing  or  operating  a  railway  shall  make 
proper    cattle-guards    where    the    same    enters    or    leaves 


any  improved  or  fenced  land,  and  construct  at  all  points 
v.'here  such  railway  crosses  any  public  road  good,  suffi- 
cient and  safe  crossings  and  cattle-guards,  and  erect  at 
such  points,  at  a  sufficient  elevation  from  such  road  as 
10  admit  of  free  passage  of  vehicles  of  every  kind,  a 
sign  with  large  and  distinct  letters  placed  thereon  to 
give  notice  of  the  proximity  of  the  railway  and  warn 
persons  of  the  necessity  of  looking  out  for  trains. 
Any  railway  company  neglecting  or  refusing  to  comply 
ivith  the  provisions  of  this  section  shall  be  liable  for 
all  damages  sustained  by  reason  of  such  refusal  or 
neglect,  and  it  shall  only  be  necessary,  in  order  to 
recover,  for  the  injured  party  to  prove  such  neglect  or 
refusal. 

Failure  to  fence — Liability  for  stock  killed — Speed  at 
depots.  §  2055.  Any  corporation  operating  a  railway,  and 
failing  to  fence  the  same  against  live  stock  running  at 
large  and  maintain  proper  and  sufficient  cattle-guards 
at  all  points  where  the  right  to  fence  or  maintain  cattle- 
guards  exists,  shall  be  liable  to  the  owner  of  any  stock 
killed  or  injured  by  reason  of  the  want  of  such  fence 
or  cattle-guards  for  the  full  amount  of  the  damages 
sustained  by  the  owner  on  account  thereof,  unless  It 
was  occasioned  by  his  wilful  act  or  that  of  his  agent, 
and  to  recover  the  same  it  shall  only  be  necessary  for 
him  to  prove  the  loss  of  or  injury  to  his  property.  If 
such  corporation  fails  or  neglects  to  pay  such  damages 
within  30  days  after  notice  in  writing  that  a  loss  or 
injury  has  occurred,  accompanied  by  an  affidavit  thereof, 
served  upon  any  officer  or  station  or  ticket  agent  em- 
ployed by  said  corporation  in  the  county  where  such 
loss  or  injury  occurred,  such  owner  shall  be  entitled  to 
recover  from  the  corporation  double  the  amount  of 
damages  actually  sustained  by  him.  No  law  of  the  State 
or  any  local  or  police  regulatlofis  of  any  county,  town- 
ship, city  or  town,  relating  to  the  restraint  of  domestic 
animals,  or  in  relation  to  the  fences  of  farmers  or 
land  owners,  shall  be  applicable  to  railway  tracks,  un- 
less specifically  so  stated  in  such  law  and  regulation. 
Upon  depot  grounds  necessarily  used  by  the  public  and 
the  corporation,  the  operating  of  trains  at  a  greater 
rate  of  speed  than  8  miles  an  hour  where  no  fence  is 
built  shall  be  negligence,  and  shall  render  such  corpora- 
tion liable  for  all  damages  occasioned  thereby,  in  the 
same  manner  and  to  the  same  extent,  except  as  to  double 
damages,  as  in  cases  where  the  right  to  fence  exists. 

Damages  by  fire.  §  2056.  Any  corporation  operating  a 
railway  shall  be  liable  for  all  damages  sustained  by  any 
person  on  account  of  loss  of  or  injury  to  his  property 
occasioned  by  fire  set  out  or  caused  by  the  operation 
of  such  railway.  Such  damages  may  be  recovered  by 
the  party  injured  in  the  manner  set  out  in  the  pre- 
ceding section,  and  to  the  same  extent,  save  as  to  double 
damages. 

RAILROAD  FENCES  REQUIRED,  ACTS  OF  1907. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Repealed — Fences  required.    §  1.    That  §  2057  of  the  code 
be  and  the  same  is  hereby  repealed,   and   the  following 
enacted  in  lieu  thereof: 

§  2057.  "All  railway  corporations  owning  or  operating 
a  line  of  railway  within  the  Stqte  shall  construct,  main- 
tain, and  keep  in  repair  a  suitable  fence  of  posts  and 
barb  wire,  or  woven  wire,  or  both  combined,  or  posts 
and  boards,  or  any  other  fence  which  the  fence  viewers 
shall  determine  to  be  equivalent  thereto,  on  each  side 
of  the  track  thereof,  so  connected  with  cattle-guards 
at  all  public  road  crossings  as  to  prevent  cattle,  horses, 
sheep,  swine,  and  other  live  stock  from  getting  on  the 
railroad  tracks.  Such  tracks  shall  be  fenced  within  six 
months  after  the  completion  of  the  same  or  any  part 
thereof.  Such  fence,  when  of  barb  wire,  shall  be  of 
five  v/ires;  when  of  barb  wire  and  woven  wire,  it  shall 
consist  of  three  barb  wires  above  and  woven  wire  not 
less  than  24  inches  wide  at  the  bottom,  or  it  may  con- 
sist entirely  of  woven  wire,  in  which  event  the  woven 
v.'ire  shall  be  not  less  than  50  inches  wide;  all  of  the 
above  to  be  securely  fastened  to  posts  not  more  than 
20  feet  apart,  the  top  of  such  fences  to  be  not  less  than 
54  inches  high;  or  such  fences  may  consist  of  five  boards, 
securely  nailed  to  posts  set  not  more  than  8  feet  apart,  and 
to  be  not  less  than  54  inches  high;  provided,  however,  that 


516 


National  Association  of  Railway  Commissiokers 


I 


•where  such  fences  are  constructed  entirely  of  barb  wire.  In 
addition  to  the  above,  on  the  written  request  of  any  person 
owning  land  abutting  such  right  of  way,  who  has  con- 
structed, and  is  maintaining  around  his  said  land,  or  any 
part  thereof,  a  hog-tight  fence  on  all  sides  thereof,  except 
along  such  right  of  way,  such  railroad  corporations  shall 
reinforce  such  right  of  way  fence  with  such  additional 
barb  or  woven  wire  as  Is  necessary  to  make  it  hog 
tight.  Fences  repaired  or  rebuilt  shall  conform  to  the 
foregoing  provisions.  Nothing  in  this  or  the  following 
sections  shall  be  construed  to  compel  a  railway  com- 
pany operating  a  third  class  line  to  fence  its  roads 
through  the  land  cf  any  farmer  or  other  person  who 
by  written  agreement  with  such  company  waives  the 
fencing   thereof." 

Approved  April  1,  A.  D.  1907. 

Killing  of  stock— Penalty.  §  2058.  If  the  corporation, 
officer  thereof  or  lessee  owning  or  engaged  in  the  operation 
of  any  railroad  In  the  State  refuses  or  neglects  to  comply 
with  any  provisions  of  this  chapter  relating  to  the  fencing 
of  the  tracks,  such  corporation,  officer  or  lessee  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  fined  in  a 
sum  not  exceeding  $500  for  each  offenfee,  and  every  30  days' 
continuance  of  such  refusal  or  neglect  shall  constitute  a 
separate  and  distinct  offense;  but  nothing  herein  contained 
shall  be  construed  to  relieve  the  corporation  from  liability 
arising  from  the  killing  or  maiming  of  live  stock  on  said 
track  or  right  of  way  by  its  negligence  or  that  of  its  em- 
ployes, nor  shall  anything  in  this  chapter  interfere  with 
the  right  of  open  or  private  crossings  or  with  the  right  of 
persons  to  such  crossings,  nor  in  any  way  limit  or  qualify 
the  liability  of  any  corporation  or  person  owning  or  oper- 
ating a  railway  that  falls  to  fence  the  same  against  live 
stock  running  at  large  for  any  stock  injured  or  killed  by 
reason  of  the  want  of  such  fence. 

Railway  crossings  near  Mississippi  river.  §  2059.  When, 
in  the  construction  of  a  railway,  it  becomes  necessary 
to  cross  another  railway  near  the  shore  of  the  Missis- 
sippi River,  each  shall  be  so  constructed  and  maintained 
at  the  point  of  crossing  that  the  respective  roadbeds 
thereof  shall  be  above  high  water  in  such  river,  but 
where  the  crossing  occurs  within  the  limits  of  cities  con- 
taining 6,000  or  more  inhabitants,  the  council  thereof 
may  establish   the  crossing  grade. 

Interlocking  switches.  §  2060.  When  in  any  case  two 
or  more  railroads  cross  each  other  at  a  common  grade, 
or  a  railroad  crosses  a  stream  by  swing  or  draw  bridge, 
they  may  be  equipped  thereat  with  an  interlocking 
switch  system,  or  other  suitable  safety  device  rendering 
it  safe  for  engines  or  trains  to  pass  thereover  without 
stopping,  and  if  such  interlocking  switch  system  or 
other  safety  device  shall  have  been  approved  by  the 
railroad  commissioners,  then  the  engines  and  trains 
of  such  railroad  or  railroads  may  pass  over  such  cross- 
ings or  bridge  without  stopping,  the  provisions  of  any 
other  law  to  the  contrary  notwithstanding,  and  the  pro- 
visions of  the  three  following  sections  also  are  not  ap- 
plicable in  such  a  case. 

Proceedings  to  establish.  §2061.  In  any  case  where 
the  tracks  of  two  or  more  railroads  cross  each  other  at 
a  common  grade,  any  company  owning  one  of  such  tracks 
and  desiring  to  unite  with  others  in  protecting  the  cross- 
ing with  interlocking  or  other  safety  device,  and  being 
unable  to  agree  with  such  others  thereon,  may  file  in 
the  District  Court  of  the  county  in  which  the  crossing 
is  located  a  petition,  stating  the  facts  and  asking  the 
court  to  order  such  crossing  to  be  protected  by  inter- 
locking or  other  safety  device.  Said  petition  shall  be 
accompanied  by  a  plat  showing  the  location  of  all  tracks 
and  switches,  and  upon  the  filing  thereof  notice  shall 
be  given  by  the  petitioner  to  every  other  company  or 
person  owning  or  operating  any  track  involved  in  such 
crossing.  The  court,  or  a  judge  thereof,  if  the  petition 
Is  filed  in  vacation,  shall  thereupon  appoint  a  commis- 
sioner to  examine  into  the  necessity  for  such  a  system, 
and  report  the  facts  and  his  recommendation  in  such 
time  as  the  court  or  judge  may  direct,  and,  as  soon  as 
practicable  thereafter,  the  court  or  judge  shall  appoint 
a  time  and  place  for  the  hearing  of  such  petition.  The 
proceedings  shall  b?  in  equity,  and  subject  to  all  the  rules 
of  equity  practice,  except  that  the  court  shall  require 
the  issue  to  be  made  up  at  the  first  term  after  the  peti- 
tion  Is   filed,   and   give   the   proceeding  precedence   over 


other   civil   business   and   try   the   action   thereat,  if   pos- 
sible. 

Decree.  §  2062.  After  allowing  all  parties  full  opppor- 
tunity  to  show  cause  why  such  system  should  or  should 
not  be  ordered  thereat,  the  court  shall,  if  it  is  found  the 
plaintiff  should  prevail,  enter  its  decree  ordering  the 
establishment  of  such  system  as  it  may  prescribe,  the 
time  within  which  it  shall  be  begun  and  finished,  and 
the  proportion  of  the  expense  thereof  to  be  paid  by  each 
company  or  person  interested  in  the  crossing,  and  make 
such  division  of  the  costs  as  may  be  equitable. 

Proposed  crossing.  §  2063.  In  case  one  railway  com- 
pany desires  to  cross  with  its  tracks  those  of  another  at 
grade,  and  such  companies  cannot  agree  to  the  terms 
thereof,  the  company  desiring  to  cross  shall,  upon  the 
application  of  the  company  whose  track  it  is  desired  to 
cross,  in  a  proceeding  instituted  as  provided  in  the  two 
preceding  sections,  be  compelled  to  interlock  such  cross- 
ing, and  the  court  therein  shall  make  such  orders  and 
decree  as  may  be  required  to  secure  public  safety  and 
the  preservation  of  the  properties  of  the  roads,  and  i>re- 
scribe  the  terms  upon  which  such  crossing  shall  be  main- 
tained after  being  made.  The  provisions  of  this  and  .he 
two   preceding  sections   shall  not  apply  to  sidetracks. 

Apportionment  of  costs.  §  2064.  If  in  any  case  contem- 
plated in  the  three  preceding  sections  the  crossings  si  all 
be  of  two  railroads  only,  then  the  court  shall  not  apior- 
tlon  to  either  less  than  one-third  of  the  cost,  and  if  more 
than  two  roads  are  involved,  the  court  shall  not  apport  on 
to  any  one  less  than  two-thirds  of  an  equal  share  of  sich 
cost. 

Modification  of  decree.  §2065.-  Any  decree  made  pur- 
suant to  the  four  preceding  sections  shall  be  subject  to 
changes  or  modifications  at  any  subsequent  term,  on  i  ue 
cause  shown  therefor,  upon  a  petition  filed  in  the  sane 
proceedings,  setting  forth  the  reasons  therefor  and  a  is- 
Ing  subsequent  to  entry  of  the  decree  therein. 

Sale  or  lease  of  railroad  property — Joint  arrangemt  nt. 
§  2066.  Any  railway  corporation  may  sell  or  lease  its  pr  )p- 
erty  and  franchises  to,  or  make  joint  running  arrange- 
ments not  in  conflict  with  law,  with  any  corporation  c  'n- 
ing  or  operating  any  connecting  railway,  and  any  c  or- 
poration  operating  the  railway  of  another  shall  be  lia  )le 
in  the  same  manner  and  extent  as  though  such  railv  ay 
belonged  to  It.  , 

Mortgage  of  contract  or  lease.  §  2067.  Any  contn  ct, 
lease  or  benefit  derived  under  the  authority  given  in  he 
preceding  section  may  be  mortgaged  for  the  purpose  of 
securing  construction  bonds  in  the  same  manner  as  otier 
property  of  the  corporation. 

Effect  of  change  of  name.  |  2068.  If  any  railway  C(  m- 
pany  is  organized  under  a  corporate  name,  and  has  mi  de 
contracts  for  payments  to  it  upon  delivery  of  stock  tht  re- 
in, and  shall  subsequently  thereto  change  its  corpor  ite 
name,  or  if  the  real  ownership  in  the  property,  rlgl  ts, 
powers  and  franchises  has  passed  legally  or  equitably  i  ito 
any  other  company,  no  such  contracts  shall  be  enfon  ed 
until  tender  or  delivery  of  stock  in  such  last  named  <  or- 
poration  or  company  is  made. 

Report.  §2069.  When  any  railway  has  been  compleed 
and  opened  for  use,  the  corporation  owning,  operating  or 
constructing  it  shall  report  under  oath  to  the  next  gene  ral 
assembly  the  total  cost  thereof,  specifying  the  amount  ex- 
pended for  construction,  engines,  cars,  depots  and  ot  ler 
buildings,  and  the  amount  of  all  other  expenses,  toget  ler 
with  the  length  of  the  railway,  the  number  of  planes  Vi  ith 
their  inclination  to  the  mile,  the  greatest  curvature,  :he 
average  width  of  roadbed,  and  the  number  of  ties  per  mile. 

Rights  reserved.  §  2070.  All  contracts,  stipulations  and 
conditions  regarding  the  right  of  controlling  and  regulat- 
ing the  charges  for  freight  and  passengers  upon  rallwj  ys, 
heretofore  made  in  granting  land  and  other  property  or 
voting  taxes  to  aid  in  the  construction  of  or  franchises  to 
railway  corporations,  are  expressly  reserved,  contin  led 
and  perpetuated  in  full  force  and  effect,  to  be  exercised 
by  the  general  assembly  whenever  the  public  good  or  the 
public  necessity  requires  such  exercise  thereof. 

Liability  for  negligence  or  wrongs  of  employes.  §  2)71. 
Kvery  corporation  operating  a  railway  shall  be  liable  for 
all  damages  sustained  by  any  person,  including  employes 
of  such  corporation.  In  consequence  of  the  neglect  of  the 


PcTBLic  Service  Laws 


5ir 


agents,  or  by  any  mismanagement  ot  the  engineers  or 
other  employes  thereof,  and  in  consequence  of  the  wilful 
wrongs,  whether  of  commission  or  omission,  of  such 
agents,  engineers  or  other  employes,  when  such  wrongs 
are  in  any  manner  connected  with  the  use  and  operation 
of  any  railway  on  or  about  which  they  shall  be  employed, 
and  no  contract  which  restricts  such  liability  shall  be  legal 
or  binding.  Nor  shall  any  contract  ot  insurance,  relief, 
benefit,  or  indemnity  in  case  of  injury  or  death,  entered 
into  prior  to  the  injury,  between  the  person  so  injured  and 
such  corporation,  or  any  other  person  or  association  acting 
for  such  corporation,  nor  shall  the  acceptance  ot  any  such 
insurance,  relief,  benefit,  or  indemnity  by  the  person  in- 
jured, his  widow,  heirs,  or  legal  representatives  after  the 
Injury,  from  such  corporation,  person,  or  association,  con- 
stitute any  bar  or  defense  to  any  cause  of  action  brought 
under  the  provisions  of  this  section,  but  nothing  contained 
herein  shall  be  construed  to  prevent  or  invalidate  any 
settlement  for  damages  between  the  parties  subsequent  to 
Injuries  received. 

Signals  at  road  crossings.  §  2072.  A  bell  and  a  steam 
whistle  shall  be  placed  on  each  locomotive  engine  oper- 
ated on  any  railway,  which  whistle  shall  be  twice  sharply 
sounded  at  least  60  rods  before  a  road  crossing  is  reached, 
and  after  the  sounding  of  the  whistle  the  bell  shall  be 
rung  continuously  until  the  crossing  is  passed;  but  at 
street  crossings  within  the  limits  of  cities  or  towns  the 
sounding  of  the  whistle  may  be  omitted,  unless  required 
by  ordinance  or  resolution  of  the  council  thereof;  and  the 
company  shall  be  liable  for  all  damages  which  shall  be 
sustained  by  any  person  by  reason  of  such  neglect.  Any 
officer  or  employe  of  any  railroad  company  violating  any 
of  the  provisions  of  this  section  shall  be  punished  by  fine 
not  exceeding  $100  for  each  offense. 

Stopping  at  railway  crossings.  §  2073.  All  trains  run 
upon  any  railroad  in  this  State  which  intersects  or  crosses 
any  other  railroad  upon  the  same  level  shall  be  brought  to 
,  a  full  stop  at  a  distance  of  not  less  than  200  nor  more  than 
■  SOO  feet  from  the  point  of  intersection  or  crossing,  before 
!  such  intersection  or  crossing  is  passed,  except  as  other- 
•  wise  provided  in  this  chapter.  Any  engineer  violating  the 
1  provisions  of  this  section  shall  forfeit  $100  for  each  offense, 
I  to  be  recovered  in  an  action  in  the  name  of  the  State  for 
i  A;he  benefit  of  the  school  fund,  and  the  corporation  on 
'  whose  road  such  offense  is  committed  shall  forfeit  the 
I  f?um  of  $200  for  each  offense,  to  be  recovered  in  like 
1  manner. 

Contract  or  rule  limiting  liability.  §  2074.  No  contract, 
1  receipt,  rule  or  regulation  shall  exempt  any  railway  cor- 
)  poration  engaged  in  transporting  persons  or  property  from 
t  the  liability  of  a  common  carrier,  or  carrier  of  passengers, 
'  which  would  exist  had  no  contract,  receipt,  rule  or  regula- 
I  tion  been  made  or  entered  into. 

I         Repeal — Action  against  joint   carriers.      §  2074a.     That 
chapter  74  of  the  laws  of  the  thirtieth  general  assembly  be, 
and  the  same  is  hereby,  repealed  and  there  is  hereby  en- 
;  acted  as  a  substitute  therefor  the  following: 
i         That  in  all  cases  where  a  railway  company  bills  prop- 
'  erty  to  a  point  beyond  the  terminus  of  its  own  railway  and 
i  provides   by   contract  that  it   shall   not   be  liable   for   the 
I  destruction   of,   or  damage  to,   such   property   beyond   the 
I  terminus  of  its  own  railway  and  the  said  property  is  dam- 
1  aged  or  destroyed  between  the  place  of  shipment  and  place 
i  of  destination  to  which  it   was  billed,   the  initial   carrier 
I  and  the  connecting  carrier  or  carriers  if  more  than  one, 
1  over  whose   line,   or  lines,   of   railway   the   property   shall 
j  have  been  carried  between  the  place  of  shipment  and  said 
;  place  of  destination,  may  be  joined  as  defendants  in  one 
;  action,  brought  in  any  county  from  or  into  which  shipment 
shall   be   made,    or   suit   may   be    brought    in    any    county 
through  which  shipment  shall  be  made  and  service  of  orig- 
inal notice  may  be  made  on  any  of  said  carriers  in  any 
county  of  the  State,  where  the  carrier  to  be  served  has  a 
,  station  agent,  by  serving  such  notice  on  such  station  agent. 
I        Liability   of   joint   carriers.      §  2074b.     On   proof   being 
!  made  by  the  owner  of  the  property  shipped,  that  the  same 
has  been  destroyed  or  damaged  in  transit  between  the  said 
place  of  shipment  and   the   place   of  destination,   the   lia- 
bility of  a  common  carrier  shall  attach  to  all  the  defend- 
ants  and   judgment   shall   be   entered   accordingly   against 
;  them  all  unless  one  or  more  of  the  defendants  shall  prove 
I  that  it  was  not,  or  they  were  not,  liable.  In  which  case 


judgment  shall  go  only  against  the  remaining  defendant 
or  defendants. 

Lien  of  judgment.'  §  2075.  A  judgment  against  any  rail- 
way corporation,  or  any  street  railway  corporation  or 
copartnership,  for  an  injury  to  any  person  or  property 
shall  be  a  lien  within  the  county  where  recovered  on  the 
property  of  such  corporation,  and  such  lien  shall  be  prior 
and  superior  to  the  lien  of  any  mortgage  or-  trust  deed 
executed  since  the  fourth  day  of  July,  1862,  and  prior  and 
superior  to  the  lien  of  any  street  railway  mortgage  or 
trust  deed  executed  after  the  adoption  of  this  code. 

TWO-CEXT    FAKE    ACT. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  loica.- 
Repealed — Classification  of  railroads.     §  1.     That  §  2076 
of  the  code  is  hereby  repealed  and  the  following  enacted 
in  lieu  thereof: 

§  2076.  "All  railroads  of  the  State  shall  be  classified  in  ac- 
cordance with  the  gross  amount  of  their  several  annual 
earnings  within  the  State,  per  mile,  for  the  preceding  year,, 
as  follows:  Class  'A'  shall  include  those  whose  gross  annual 
earnings  per  mile  shall  be  $4,000  or  more;  class  'B'  shall 
include  those  whose  gross  annual  earnings  per  mile  shall 
be  $3,000  or  any  sum  in  excess  thereof  less  than  $4,000; 
class  'C  shall  include  those  whose  gross  annual  earnings 
per  mile  shall  be  less  than  $3,000.  In  determining  the 
classification  of  any  railroad,  the  entire  railroad  property 
owned  or  operated  by  any  company  shall  be  considered 
as  a  single  railroad,  and  the  aggregate  gross  earnings  of 
the  entire  railroad  within  the  State  shall  be  divided  by 
the  entire  mileage  owned  or  operated  within  the  State,  to 
ascertain  the  gross  earnings  per  mile  of  such  railroad." 

Repealed — Passenger  rates.  §  2.  That  §  2077  of  the 
code  is  hereby  repealed  and  the  following  enacted  in  lieu 
thereof: 

Maximum  rates  of  fare.  §  2077.  "All  railroad  corpora- 
tions according  to  their  classifications  as  herein  prescribed 
shall  be  limited  to  compensation  per  mile  for  the  transpor- 
tation of  any  person  with  ordinary  baggage  not  exceeding 
150  pounds  in  weight  as  follows:  Class  'A,'  2  cents;  class 
'B,'  2%  cents;  class  'C,'  3  cents;  and  for  children  12  years 
of  age  or  under,  %  the  rate  above  prescribed  provided, 
however,  that  every  railroad  corporation  shall  be  entitled 
to  charge  a  fare  of  not  to  exceed  10  cents  for  the  trans- 
portation of  each  passenger  with  ordinary  baggage  for  any 
distance  not  exceeding  five  miles.  A  charge  of  10  cents 
may  he  added  to  the  fare  of  any  passenger  when  the  same 
is  paid  upon  the  cars,  if  a  ticket  might  have  been  procured 
within  a  reasonable  time  before  the  departure  of  the  train, 
except  in  those  cases  where  a  minimum  of  10  cents  is 
charged  for  a  distance  of  less  than  five  miles  as  above 
provided." 

Approved  February  28,  A.  D.  1907. 

Telephones  and  bulletins.  §  2077a.  It  shall  be  the  duty 
of  all  railway  companies  on  all  lines  of  railways  operated 
by  them  to  install  a  telephone  in  each  passenger  or  freight 
depot  in  any  city  or  town  where  a  telephone  exchange  is 
maintained  for  public  service,  said  telephone  to  be  con- 
nected with  and  for  the  use  of  the  patrons  of  said  ex- 
change, and  it  shall  be  the  further  duty  of  all  railway  com- 
panies on  all  lines  operated  by  them  to  keep  posted  in  the 
waiting  room  of  each  passenger  station,  a  bulletin  plainly 
showing  the  time  of  arrival  and  departure  of  such  station 
of  all  trains  carrying  passengers. 

Approved  April  16,  1909. 

Repeal — Classification  of  railways.  §  2078.  The  law  as 
it  appears  in  Code  §  2078  is  hereby  repealed  and  the  follow- 
ing enacted  in  lieu  thereof: 

"The  executive  council  shall  at  its  regular  meeting  on 
the  second  Monday  in  July  in  each  year,  classify  the  dif- 
ferent railways,  as  provided  by  §  2076  of  the  code,  from 
information  as  to  gross  earnings  obtained  from  the  annual 
reports  of  railways  made  to  the  executive  council  for  as- 
sessment and  taxation,  if  it  shall  be  satisfied  of  the  correct- 
ness of  same,  or  from  information  obtained  by  said  execu- 
tive council  from  any  other  source,  and,  when  there  shall 
be  any  change  in  classification,  shall  issue  a  certificate  to 
any  corporation  or  corporations  affected  by  such  change, 
certifying  the  class  to  which  they  are  respectively  as- 
signed; and  change  of  rates  by  any  corporation  pursuant 
to  any  change  of  classification  shall  take  effect  and  be  itt 
force  from  and  after  the  date  of  such  certificate." 


518 


National  Association  op  Railway  Commissioners 


AUTOMATIC    COUPLERS    AND    BRAKES. 

On  new  or  repaired  cars.  §  2079.  No  corporation,  com- 
pany or  person  operating  any  line  of  railroad  within  this 
State,  or  any,  car  manufacturer  or  transportation  company 
using  or  leasing  cars  therein,  shall  put  in  use  any  new  car 
or  any  old  one  that  has  been  to  the  shop  tor  general  repairs 
to  one  or  both  of  its  drawbars,  that  is  not  equipped  with 
automatic  couplers  so  constructed  as  to  enable  any  person 
to  couple  or  uncouple  them  without  going  between  them. 

On  aU  cars.  §  2080.  After  January  1,  1898,  no  corpora- 
tion, company,  or  person  operating  a  railroad,  or  any  trans- 
portation company  using  or  leasing  cars,  shall  have  upon 
any  railroad  in  this  State  any  car  that  is  not  equipped 
with  such  safety  automatic  coupler. 

(Section  2080  amended  by  adding  thereto  "provided 
that  the  board  of  railroad  commissioners  shall  have  power 
upon  a  showing  which  it  shall  deem  reasonable,  to  extend 
the  time  within  which  any  such  corporation  shall  be  re- 
quired to  comply  with  the  provisions  of  this  section;  but 
no  such  extension  shall  be  made  beyond  January  1,  1900.") 

Driver  Irake  07i  engines.  §  2081.  No  corporation,  com- 
pany, or  person  operating  any  line  of  railroad  in  the 
State  shall  use  any  locomotive  engine  upon  any  railroad 
or  in  any  railroad  yard  in  the  State  that  is  not  equipped 
with  a  proper  and  efficient  power  brake,  commonly  called 
a  "driver  brake." 

Poicer  brake  on  cars.  §  2082.  No  corporation,  company 
or  person  operating  a  line  of  railroad  in  the  State  shall 
run  any  train  of  cars  that  shall  not  have  therein  a  suffi- 
cient number  of  cars  with  some  kind  of  efficient  automatic 
or  power  brake  to  enable  the  engineer  to  control  the  train 
•without  requiring  brakemen  to  go  between  the  ends  or  on 
top  of  the  cars  to  use  the  hand  brake. 

Penalty.  §  2083.  Any  corporation,  company  or  person 
operating  a  railroad  in  this  State  and  using  a  locomotive 
engine,  or  running  a  train  of  cars,  or  using  any  freight, 
way  or  other  car  contrary  to  the  provisions  of  the  four 
preceding  sections,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  subject  to  a  fine  of  not  less  than  500  nor  more 
than  $1,000  for  each  and  every  offense;  but  such  penalties 
shall  not  apply  to  companies  hauling  cars  belonging  to 
railroads  other  than  those  of  this  State  which  are  engaged 
In  interstate  traffic.  Any  railway  employe  who  may  be 
Injured  by  the  running  of  such  engine,  train  or  car  con- 
trary to  the  provisions  of  said  sections  shall  not  be  con- 
sidered as  waiving  his  right  to  recover  damage  by  con- 
tinuing in  the  employ  of  the  corporation,  company  or  per- 
son operating  such  engine,  train  or  cars. 

Exempt  from  liability.  §  2083a.  That  no  corporation, 
company  or  person  shall  be  liable  to  any  prosecution  in 
any  court  of  this  State  for  any  fines  or  penalties  incurred 
under  the  provisions  of  §  2083  of  the  code  in  so  far  as  the 
same  relates  to  the  operation  of  cars'  not  equipped  with 
safety  automatic  couplers  only,  as  provided  by  §  2080  of 
the  code,  from  the  first  day  of  January,  1898,  up  to  and 
Including  the  time  of  taking  effect  of  this  Act;  and  every 
such  corporation,  company,  or  person  shall  be,  and  is 
hereby,  released  from  all  criminal  prosecution,  penalties, 
fines,  and  forfeitures  for  failure  to  have  cars  equipped  with 
such  safety  automatic  couplers  during  such  period. 

T.\XES  IN  AID  OF   RAIUiOADS. 

May  be  voted.  §  2084.  Taxes  not  exceeding  5  per  cent 
on  the  assessed  value  of  any  township,  town  or  city  may 
"be  voted  to  aid  any  railway  company,  trolly  or  electric 
railway  which  is  or  may  become  incorporated  under  the 
laws  of  the  State,  to  aid  in  the  construction  of  a  projected 
railroad  or  any  trolley  or  electric  railway  within  the  State, 
as  hereinafter  provided. 

§  2085.  As  amended  by  the  29th  general  assembly 
provides  for  the  submission  of  the  question  to  a  popular 
Tote. 

Notice — Conditions — Limit  of  tax.  §  2086.  The  stipula- 
tions and  conditions  in  the  notices  prescribed  in  this 
chapter  must  conform  to  those  set  forth  in  the  petition 
asking  for  the  election;  and  the  aggregate  amount  of  tax 
voted  in  any  city,  town  or  township  shall  not  exceed  5  per 
cent  of  the  assessed  value  of  the  property  therein,  respect- 
ively. The  right  to  vote  taxes  within  the  limits  herein 
provided  shall  exist  after  the  expiration  of  10  years  from 
the   exercise   to   the   limit   of   the   right   herein   granted. 


Nothing  herein  shall  authorize  a  tax  of  5  per  centum 
within  such  period  named  to  steam  railroads  and  also  5 
per  centum  within  such  period  to  interurban  railways. 

Notice — Conditions — Limit  of  tax.  §  2086.  The  stipula- 
tions and  conditions  in  the  notices  prescribed  in  this 
chapter  must  conform  to  those  set  forth  in  the  petition 
asking  for  the  election;  and  the  aggregate  amount  of  tax 
voted  in  any  city,  town  or  township  shall  not  exceed  5 
per  cent  of  the  assessed  value  of  the  property  therein, 
respectively. 

Money  paid  out — Certificates.  §  2087.  The  moneys  col- 
lected under  the  provisions  of  this  chapter  shall  be  paid 
out  by  the  county  treasurer  to  the  treasurer  of  the  rail- 
way company  for  whom  the  same  was  voted,  upon  the 
orders  of  the  president  or  managing  director  thereof,  at 
any  time  after  the  trustees  of  such  township  or  council 
of  such  town  or  city  voting  the  same,  or  a  majority  thereof, 
shall  have  certified  to  the  county  treasurer  that  the  con- 
ditions required  of  the  railway  company  and  set  forth  in 
the  notice  for  the  special  election  have  been  complied  wiih, 
which  certificate  said  township  trustees  or  council  of  such 
town  or  city  shall  make  when  conditions  have  been  suiH- 
ciently  complied  with  to  entitle  the  railway  company 
thereto,  or  when  the  conditions  are  fully  complied  with 
on  the  part  of  the  railway  company;  but  if  the  costs  and 
expenses  of  holding  the  election  and  of  recording  the  cer- 
tificates have  not  been  paid,  then  the  treasurer  shall  first 
deduct  from  the  moneys  collected  the  amount  thereof, 
and  pay  to  the  parties  entitled  thereto. 

Certificates  of  taxes  exchangeable  for  stock  or  bone  s. 
§  2088.  The  county  treasurer  when  required  shall,  in  addi- 
tion to  a  tax  receipt,  issue  to  each  taxpayer,  on  the  pay- 
ment of  any  taxes  voted  under  the  provisions  of  this 
chapter,  a  certificate  showing  the  amount  of  tax  paid,  tie 
najj^e  of  the  railway  company  entitled  thereto,  and  wh<  n 
the  same  was  paid;  and  he  may  charge  25  cents  for  ea<  h 
certificate  Issued.  Said  certificates  shall  be  assignable, 
and,  when  presented  by  any  person  holding  the  legal  tit  e 
thereto  to  the  president,  managing  director,  treasurer  -  ir 
secretary  of  the  railroad  company  receiving  the  taxes  pai  1, 
as  shown  by  such  certificates,  in  sums  of  $100  or  more  if 
taxes,  it  shall  issue  or  cause  to  be  issued  to  said  per8<  n 
the  amount  of  stock  of  the  company  desiring  the  bene:  it 
from  said  taxes,  to  the  amount  of  said  certificate  or  c«  r- 
tiflcates,  and  it  the  taxes  paid  as  shown  by  said  certiflca  e 
or  certificates  amount  in  the  aggregate  to  more  or  le  s 
than  any  certain  number  of  shares  of  stock,  then  tl  e 
holder  thereof  shall  be  entitled  to  receive  the  full  numb  r 
of  shares  of  stock  covered  by  said  certificates,  and  m!  y 
make  up  in  money  the  balance  of  any  share  when  tl  e 
certificates  held  by  him  are  not  equal  to  one  full  share  if 
such  stock,  which  stock  for  such  purpose  shall  be  es  I- 
mated  at  par.  When  it  shall  be  proposed  in  the  petiti<  n 
and  notice  calling  an  election  to  issue  first  mortgage  bom  s 
not  exceeding  the  sum  of  $8,000  per  mile  for  a  railroad  if 
three  feet  gauge,  and  not  exceeding  the  sum  of  $18,5"0 
per  mile  for  the  ordinary  four  feet  eight  and  one-half  im  h 
gauge  in  lieu  of  stock,  it  shall  be  lawful  to  issue  bonds  if 
the  denomination  of  $100  in  the  same  manner  as  is  pr  )- 
vided  for  the  issue  of  stock,  and  in  such  case  the  petiti(  n 
and  notice  shall  state  the  amount  of  bonds  per  mile  to  lie 
issued,  the  rate  of  interest,  and  the  time  of  payment  of  tl  e 
interest  and  principal  thereof.  Provided,  that  the  pre  i- 
sions  of  this  section  shall  not  be  applicable  to  taxes  th  it 
are  voted  and  paid  in  aid  of  the  construction  of  railroa  Is 
that  are  interurban  in  characted.  [As  amended  by 
approved  April  17,  1911.] 


Liability  of  directors.  §  2089.  The  board  of  directors 
of  any  railway  company  receiving  taxes  voted  in  aid  theie- 
of  under  the  provisions  of  this  chapter  or  any  membr'r 
thereof,  who  shall  vote  to  bond,  mortgage  or  in  any  man- 
ner Incumber  said  road  to  an  amount  exceeding  the  sum 
of  $8,000  per  mile  for  a  railroad  of  3  feet  gauge,  or  exceed- 
ing the  sum  of  $18,500  per  mile  for  the  ordinary  4  feet  and 
8%-inch  gauge,  not  including  in  either  case  any  debt  for 
ordinary  operating  expenses,  shall  be  liable  to  the  stock- 
holders or  either  of  them  for  double  the  amount,  estimatad 
at  its  par  value,  of  the  stock  by  him  held,  if  the  saroe 
should  be  rendered  of  less  value  or  lost  thereby. 

Forfeiture  of  tax.  §  2090.  Should  the  taxes  voted  in 
aid  of  any  railroad  under  the  provisions  of  this  chapter 
remain  in  the  county   treasury  for  more  than  one  year 


Public  Seevice  Laws 


519 


after  the  same  have  been  collected,  the  right  to  them  by 
the  railroad  company  shall  be  forfeited,  and  the  persons 
who  paid  the  same  entitled  to  receive  back  from  the 
county  treasurer  their  pro  rata  shares  thereof  remaining, 
and  in  all  cases  where  any  taxes  have  been  voted  or  levied 
upon  the  real  or  personal  property  in  any  township, 
city  or  town  to  aid  in  the  construction  of  any  railroad,  and 
the  road  in  and  of  which  they  were  voted  or  levied 
has  not  been  built,  completed  or  operated  into  or  through 
such  township,  town  or  city,  it  shall  be  the  duty  of  the 
board  of  supervisors  of  the  county  where  said  taxes  have 
'  been  voted  and  levied  and  still  remain  on  the  tax  books 
to  give  the  railway  company  in  aid  of  which  the  tax  was 
voted  at  least  30  days'  notice  in  writing,  to  be  served  like 
original  notices,  of  their  intention  to  cancel  such  taxes, 
and  thereupon  to  cause  the  same  to  be  cancelled  and 
stricken  from  the  tax  books  of  the  county,  which  cancella- 
tion shall  remove  all  liens  created  by  the  levy  thereof. 
In  all  cases  where  the  railway  company  to  whom  taxes 
have  been  voted  neglects  or  refuses  to  receive  such  taxes, 
or  to  require  or  permit  the  same  to  be  collected  and  cer- 
tificates therefor  to  be  issued,  for  the  period  of  one  year 
after  they  become  due  and  collectible,  and  in  all  cases 
where  taxes  have  been  voted  in  aid  of  any  railroad,  and 
the  conditions  upon  which  the  same  were  voted  have  not 
in  fact  been  complied  with,  and  the  time  in  which  said 
conditions  were  to  be  fulfilled  has  expired,  the  same  shall 
be  forfeited,  and  the  county  officers  of  the  county  in  which 
they  have  been  levied  and  entered  upon  the  tax  books  shall 
enter  cancellation  thereof  upon  the  proper  records;  and  in 
all  cases  where  any  taxes  to  aid  in  the  construction  of 
any  railroad  may  be  voted  upon  the  inducement  or  promise 
offered  on  the  part  of  said  railroad  company,  or  any  duly 
authorized  agent  thereof,  tor  any  rebates  or  exemptions 
from  said  tax  or  any  part  thereof,  or  any  agreed  price  to 
be  paid  for  the  stock  that  may  be  issued  in  lieu  of  said 
tax,  or  a  division  of  said  tax,  or  any  portion  or  percentage 
thereof,  with  any  of  the  voters  or  taxpayers  as  an  induce- 
ment to  procure  said  tax  to  be  voted,  all  taxes  so  pro- 
cured to  be  voted  shall  be  void. 

Taxes  paid  in  labor  or  supplies.  §  2091.  Nothing  con- 
tained in  this  chapter  shall  preclude  any  taxpayer  who 
may  contract  with  a  railroad  company  for  which  taxes 
may  be  voted  to  pay  his  tax,  or  any  part  thereof,  in  labor 
upon  the  line  of  said  railroad,  or  in  material  for  its  con- 
struction, or  supplies  furnished  or  money  paid  for  the 
construction  thereof,  in  pursuance  of  the  terms  and  con- 
ditions stipulated  in  the  notices  of  election,  in  lieu  of  a 
payment  to  the  county  treasurer.  Upon  presenting  to  the 
county  treasurer  a  receipt  from  such  railroad  company 
or  its  duly  authorized  agent,  specifying  the  amount  of  such 
payment,  the  same  shall  be  credited  by  the  treasurer  on 
his  tax,  with  the  same  effect  as  though  paid  to  him  in 
money,  and  when  such  receipts  have  been  presented  and 
credited  they  shall  have  the  same  validity  in  his  settle- 
ment with  the  board  of  supervisors  as  the  orders  from 
the  railroad  company  provided  for  in  this  chapter.  Labor- 
ers shall  have  a  lien  upon  any  tax  voted  in  aid  of  a  rail- 
road company  for  the  amount  due  them  for  labor  per- 
formed in  the  construction  of  said  railroad. 

What  statutes  apply.  §  2091a.  All  of  the  provisions  of 
§§  2084,  2085,  2086,  2087,  2088,  2089,  2090  and  2091  of  the 
Code  are  hereby  made  applicable  to  trolley  or  electric 
railways.  And  wherever  the  word  "railroad"  appears  in 
any  of  said  sections  the  same  shall  be  held  to  include 
trolley  or  electric  railroad;  and  wherever  the  words  "rail- 
road company"  or  "railway  company"  appear  in  said  sec- 
tions the  same  shall  be  held  to  include  trolley  railway 
company,  and  electric  railway  company.  Provided,  that 
no  stock  shall  be  issued  by  any  such  company  except  upon 
payment  therefor  of  the  full  par  value  thereof  in  cash 
or  its  equivalent.  ' 

Petition.  §  2092.  Any  railroad  desiring  to  change  or 
remove  the  line  of  its  road,  after  the  same  has  been  per- 
manently located  and  constructed,  may  file  a  petition  in 
the  District  Court  in  any  county  wherein  the  change  or 
removal  is  proposed  to  be  made,  describing  with  reason- 
able accuracy  that  portion  of  its  line  which  it  seeks  to 
have  changed  or  removed,  and  asking  the  court  to  grant 
authority  to  make  such  change  or  removal.  All  trustees, 
mortgagees  and  other  lien  holders,  and  all  townships, 
cities  and  counties  which  have  aided  by  taxation  to  build 


the  road,  must  be  made  defendants  and  served  with  notice 
as  in  other  actions. 

Notice.  §  2093.  A  public  notice  to  all  whom  it  may 
concern  of  the  time  of  filing  such  petition,  the  object 
thereof,  and  the  term  of  court  at  which  the  application 
will  be  made  for  authority  to  make  the  change,  and  re- 
quiring all  persons  desiring  the  repayment  of  money  or 
return  of  property,  as  in  this  chapter  provided,  to  appear 
and  present  their  claims  therefor,  must  be  published  in 
a  newspaper  printed  in  each  county  in  which  the  change 
is  to  be  made,  once  each  week,  for  a  period  of  10  suc- 
cessive weeks  before  the  term  of  court  at  which  the  ap- 
plication is  to  be  heard.  The  court  may  order  any  addi- 
tional notice  or  publication  that  it  may  think  proper. 

Conditions.  §  2094.  No  railway  company  shall  be  al- 
lowed to  change  or  remove  its  line  of  road,  after  a  per- 
manent location  and  construction,  without  repaying  all 
moneys,  and  restoring  all  property  or  its  value,  which 
were  donated  to  the  company  building  the  same  exclu- 
sively in  consideration  of  said  railroad  being  located  and 
constructed  on  such  line,  to  the  parties  donating  the  same, 
their  heir  or  assigns,  nor  without  first  procuring  the  con- 
sent of  all  parties  having  liens  upon  the  railroad,  and  of 
any  township,  city  or  county  that  by  taxation  or  by  the 
issuing  of  bonds  has  contributed  money  to  aid  in  the  con- 
struction thereof;  but  the  consent  of  such  township,  city 
or  county  shall  be  necessary  only  with  reference  to  the 
change  to  be  made  within  its  own  territorial  limits. 

Order  of  court.  §  2095.  If  the  court  finds  that  notice 
has  been  given,  and  the  consent  of  the  proper  parties  has 
been  obtained,  it  shall  ascertain  the  amount  of  money  or 
property  contributed  to  the  company  by  any  person  or 
party  thereto  or  appearing  therein  that  was  so  contributed 
exclusively  in  consideration  that  the  road  should  be  lo- 
cated on  the  line  from  which  it  is  proposed  to  remove  it, 
which  shall  be  repaid  in  case  of  money,  and  returned  if 
property  or  its  value  fixed,  and  in  either  case  shall  render 
judgment  therefor,  and  may  also  enter  a  decree  authoriz- 
ing, if  the  public  interest  demands  it,  the  removal  of  or 
change  in  the  line  of  said  road  upon  condition  that  all 
judgments  above  provided  for  be  first  paid  or  satisfied,  and 
foreclosing  all  persons  or  parties  not  appearing  in  the 
action,  and  forever  barring  them  from  asserting  any  claim 
against  such  company  on  account  of  the  contributions  or 
donations  herein  mentioned. 

Effect.  §  2096.  All  mortgage  liens  or  other  incum- 
brances on  the  line  of  road  which  the  company  is  author- 
ized by  the  court  to  change  shall  attach  to  the  line  to 
which  said  road  is  removed,  and  have  the  same  priority 
over  other  liens  that  they  held  on  the  original  line. 

Notice  to  toionship  trustees — Vested  rights.  §  2097.  For 
the  purpose  of  this  chapter,  the  trustees  of  each  township 
shall  be  served  with  notice  and  shall  represent  and  act 
for  it.  No  vested  right  of  any  person  or  persons  living 
on  and  along  the  line  of  any  railroad  thus  removed  shall 
be  defeated  or  affected  by  the  removal. 

Cuts  and  banks.  §  2098.  When  any  railway  company 
shall  take  up  its  track  and  relocate  the  same  under  the 
provisions  of  this  chapter,  it  shall  within  two  years  there- 
from fill  up  the  cuts  and  level  down  the  banks,  or  cause 
the  same  to  be  done;  but  the  provisions  of  this  section 
shall  not  apply  to  any  railroad  which  has  its  initial  point 
in  any  town  upon  the  Mississippi  river,  and  which  had  in 
the  year  1859  63  miles  and  no  more  of  completed  track 
from  such  initial  point,  and  this  exemption  shall  only  ap- 
ply to  the  63  miles  of  road  from  the  initial  point  thereof. 

tTNION  RAILWAY   DEPOTS. 

Corporations  formed.  §  2099.  Any  number  of  persons 
or  railway  corporations,  or  both  persons  and  railway  cor- 
porations, may  form  a  body  corporate  under  the  laws  of 
this  State  relating  to  corporations  for  pecuniary  profit, 
for  the  purpose  of  acquiring,  establishing,  constructing 
and  maintaining  at  any  place  in  the  State  union  station 
houses  or  depots  for  freight  or  passengers,  or  both,  with 
necessary  ofiices  for  express,  baggage  or  postal  rooms  in 
the  same  or  separate  buildings,  and  railroad  tracks  and 
other  appurtenances  of  such  depots.  Any  railroad  com- 
pany operating  a  road  in  the  State,  or  interested  therein, 
whether  organized  under  its  laws  or  elsewhere,  may  be- 
come a  stockholder  in  such  corporation.  A  copy  of  the 
by-laws,  if  any  are  adopted,  shall  be  posted  in  the  passen- 


520 


Xatioxal  Association  op  Railway  Commissionees 


ger  or  waiting  rooms  of  the  depot  and  in  the  office  of  the 
company. 

Powers.  §  2100.  Every  corporation  formed  under  the 
provisions  of  the  preceding  section  shall  have  power  to 
take  and  hold,  for  the  purposes  therein  mentioned,  such 
real  estate  as  may  be  found  necessary  by  the  railroad 
commissioners  for  the  location  of  its  depot  and  approaches, 
■which  it  may  acquire  by  purchase  or  condemnation  as  pro- 
vided for  the  taking  of  private  property  for  works  of  in- 
ternal improvement. 

Connecting  tracks.  §  2101.  Such  corporations,  with  the 
consent  of  the  council  of  any  city  or  town  in  which  any 
such  depot  is  located,  shall  have  the  right  to  lay  its  tracks 
to  make  necessary  connection  with  all  railways  desiring 
to  use  such  depot,  upon  the  streets  or  alleys  of  such  city 
or  town,  and,  by  and  with  the  consent  of  the  council,  may 
erect  such  depot  upon  or  across  any  street  or  alley;  but  no 
railway  track  can  thus  be  located,  nor  can  any  such  depot 
be  so  erected,  until  after  the  injury  to  property  abutting 
upon  the  streets  or  alleys  thus  appropriated  has  been  as- 
certained and  paid  in  the  manner  provided  for  taking 
property  for  works  of  internal  improvement. 

LiaMlity  for  damages.  §  2102.  Nothing  in  this  chapter 
contained,  or  in  the  articles  of  incorporation  or  by- 
laws of  such  corporation,  shall  release  the  railroad  com- 
panies using  such  union  depots,  tracks  or  appurtenances 
from  the  same  liabiliiy  for  all  damages  on  account 
of  injuries  to  persons,  stock,  baggage  or  freight,  or 
for  the  loss  of  baggage  or  freight  in  or  about  such  union 
depot  grounds,  as  they  would  be  under  if  said  depot  tracks 
and  appurtenances  Ijelonged  to  and  were  operated  by 
the    railway    companies   using  the  same. 

STATION-HOUSES    AT    CROSSINGS. 

At  joint  expense — Connecting  tracks.  §  2103.  All  rail- 
way corporations  shall,  at  all  points  of  connection, 
crossings  or  intersection  with  the  roads  of  other  corpo- 
rations, unite  therewith  in  establishing  and  maintaining 
suitable  platforms  and  station  houses  for  the  convenience 
of  passengers  desiring  to  transfer  from  one  road  to  the 
other,  and  for  the  transfer  of  passengers,  baggage  or 
freight,  whenever  the  same  shall  be  ordered  by  the 
railroad  commission;  and  shall,  when  ordered  by  it, 
keep  such  depot  or  passenger  house  warmed,  lighted 
and  opened  a  reasonable  time  before  the  arrival,  and 
until  after  the  departure,  of  all  trains  carrying  passen- 
gers; and  said  railway  companies  shall  stop  all  trains 
at  said  depots  for  the  transfer  of  passengers,  baggage 
and  freight  when  so  ordered  by  the  commission.  The 
expense  of  constructing  and  maintaining  such  station 
houses  and  platforms  shall  be  paid  by  such  corporations 
in  such  proportions  as  may  be  fixed  by  the  commission. 
Such  corporations  whose  roads  so  connect  or  intersect 
shall  when  ordered  by  the  commission,  so  unite  and 
connect  the  tracks  of  the  several  roads  as  to  permit 
the  transfer  of  cars  from  the  tracks  of  one  to  that  of 
the  other. 

Penalty.  §  2104.  Any  railway  corporation  or  company 
which,  after  having  received  ninety  days'  notice  from 
the  commissioners,  shall  neglect  or  refuse  to  comply  with 
the  provisions  of  the  preceding  section  shall,  for  every 
day  it  fails,  neglects  or  refuses  to  comply  therewith, 
forfeit  and  pay  the  sum  of  $25,  which  may  be  recovered  in 
the  name  of  the  State  for  the  use  of  the  school  fund  of  the 
county  wherein  such  crossing  or  intersection  is  situated, 
and  the  county  attorney  of  such  county  shall  prosecute 
the  same. 

CHANGING   NAMES    OP    STATIONS. 

By  commissioners.  §  2105.  In  all  cases  where  any  rail- 
way company  shall  fail  or  refuse  to  make  the  name  of 
the  railway  station  conform  to  the  name  of  the  village, 
incorporated  town  or  city  witnin  the  limits  of  which  it 
is  situated,  it  shall  be  the  duty  of  the  railway  commis- 
sioners of  the  State  to  order  a  change  of  the  name 
of  said  railway  station  to  effect  such  uniformity,  within 
60  days  after  a  petition  in  writing  by  the  town  council 
of  said  incorporated  town  or  city,  or,  in  the  case  of 
a  village,  by  the  township  trustees,  asking  for  such 
order,  is  filed  with  said  railway  commissioners. 

Notice.  §  2106.  When  the  commissioners  shall  order  a 
change  in  the  name  of  a  railway  station,  they  shall 
give  the  company  owning  or  operating  the  same  notice 


of  such  order,  and  if  it  is  not  complied  with  within  30 
days  from  the  date  of  service  of  such  notice,  the  com- 
missioners shall  notify  the  attorney-general  thereof,  who 
shall  begin  proceedings  in  the  proper  court  to  compel 
the  enforcement  of  said  order. 

Penalty.  §  2107.  A  failure  to  comply  with  the  order  of 
the  commissioners  within  30  days  from  service  of  such 
notice  shall  also  he  a  misdemeanor,  for  which  said  company 
shall  be  subject  to  a  fine  of  $1,000,  and  non-compliance 
for  each  30  days  thereafter  shall  constitute  a  separate 
and  distinct  offense,  subject  to  a  fine  of  $1,000. 

TERMINAL   OFFICES. 

General  offlces.  §  2108.  All  railroads  terminating  in  the 
State  shall  establish  and  maintain  at  such  terminus 
general  freight  and  passenger  offices,  and  express  or 
telegraph  offlces  when  operating  an  independent  ex- 
press or  telegraph  company,  at  localities  accessible  and 
convenient  to  the  public,  and  there  keep  for  sale  tickets 
over  their  respective  roads,  and,  in  advertising,  cor- 
rectly set  forth  their  true  connections,  starting  or  ter- 
minal, points,  time  tables  and  freight  tariffs. 

For  sale  of  sleeper  tickets.  §  2109.  All  railroad  and 
sleeping  car  companies,  running  or  operating  sleepers 
or  sleeping  cars  within  the  State  upon  railroads  ter- 
minating therein,  shall  establish,  maintain  and  keep  open 
to  the  public,  at  such  termini,  ticket  offlces  at  accessible 
and  convenient  places,  in  which  they  shall  keep  a  dia- 
gram of  the  berths  and  staterooms  in  such  sleepers 
or  sleeping  cars,  and  shall  at  all  times  during  the  day- 
time keep  them  open  for  the  sale  of  tickets  for  such 
berths   and   staterooms. 

Penalty.  §  2110.  If  any  officer,  agent  or  employe  of  any 
such  company,  or  any  lessee,  engaged  in  operating  any 
sleeper  or  sleeping  car  line  terminating  or  operated 
within  the  State,  shall  neglect  or  refuse  to  comply  with 
any  of  the  provisions  of  the  two  preceding  sections, 
he  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  fined  in  a  sum  not  exceeding  $500,  and 
imprisoned  not  more  than  six  months. 


HOURS   OF   SERVICE   ACT. 


ii 


Be  it  enacted  hy  the  general  assembly  of  the  State  of  Iowa: 
Hours  of  service  limited — Exceptions.  §  2110a.  It  shall 
be  unlawful  for  any  railway  company  within  the  State 
of  Iowa,  or  any  of  its  officers  or  agents,  to  require  or 
permit  any  employe  engaged  in  or  connected  with  the 
movement  of  any  rolling  stock,  engine  or  train,  to  re- 
main on  duty  more  than  16  consecutive  hours,  or  to 
require  or  permit  any  such  employe  who  has  been  on 
duty  16  consecutive  hours  to  perform  any  further  serv- 
ice without  having  had  at  least  10  hours  for  rest,  or  to 
require  or  permit  any  such  employe  to  be  on  duty  at 
any  time  to  exceed  16  hours  in  any  consecutive  24 
hours:  provided,  however,  that  this  section  shall  not 
apply  to  work  performed  '  in  the  protection  of  life  or 
property  in  cases  of  accident,  wreck  or  other  unavoid- 
able casualty,  or  prevent  train  crews  from  taking  a  pas- 
senger train,  or  freight  train,  loaded  exclusively  with 
live  stock  or  perishable  freight,  to  the  next  nearest  di- 
vision point  upon  such  railroad;  and  provided,  further, 
that  it  shall  not  apply  to  that  time  necessary  for  the 
tranimen  to  reach  a  resting  place  when  an  accident, 
wreck,  washout,  snow  blockade  or  other  unavoidable 
cause  has  delayed  their  train;  and  provided  further  that 
this  section  shall  not  apply  to  employes  of  sleepli 
car  companies. 

Penalty — Investigation — Prosecutions.  §  2110b.  Any  stt 
perintendent,  trainmaster,  train  dispatcher,  yardmaster  or 
other  official  of  any  railroad  in  the  State  of  Iowa,  violating 
any  of  the  provisions  of  tSis  Act,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  $100  and  not  more  than  $500  for 
each  offense.  It  shall  be  the  duty  of  the  board  of  rail- 
road commissioners  to  receive  written  statements  of 
violations  of  this  Act  and  when  so  requested  to  hold 
the  same  without  disclosure  of  the  name  of  the  per- 
son making  such  statement,  and  to  investigate  each 
and  every  complaint  filed  alleging  such  violation.  The 
board  in  making  such  investigation  shall  have  the 
power  to  administer  oaths,  interrogate  witnesses,  take 
testimony,    and    require    the    production    of    books    and 


II 


Public  Service  Laws 


581 


papers,  and  must  file  a  report  of  such  investigation 
in  writing  witli  a  full  statement  of  its  finding  to  ttio 
governor.  In  all  cases  of  violation  of  this  Act,  the 
board  of  railroad  commissioners,  through  the  attorney- 
general,  must  at  once  begin  the  prosecution  of  all 
parties  against  whom  evidence  of  violation  is  found; 
but  this  Act  shall  not  be  construed  to  prevent  any 
other  person  from  beginning  prosecution  for  violation 
hereof. 

Approved  April  2,  A.  D.  1907. 

TERMINAL  FACILITIES   FOB  INTERURBAN   RAILROADS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Street  railways  to  furnish  terminal  facilities — Compen- 
sation. §  2110c.  That  all  persons,  firms  or  corporations 
now  or  hereafter  owning  or  operating  electric  street 
railways  in  any  city  (including  cities  organized  under 
special  charter)  or  town  in  this  State,  are  hereby 
authorized  and  required  to  permit  the  use  for  inter- 
urban  business  only  but  not  for  local  street  railway 
business,  of  such  of  their  terminals,  tracks,  poles,  and 
wires  as  are  located  in  the  streets,  alleys  and  public  places 
of  said  cities  and  towns,  and  such  portions  of  their  tracks, 
poles  and  wires  as  may  cross  property  owned  by  said  street 
railway  companies  in  such  cities  and  towns,  by  the  pas- 
senger and  combination  baggage  cars  of  interurban 
railway  companies,  for  the  transportation  of  passengers, 
mail,  express  and  baggage;  and  said  street  railways 
shall  furnish  to  said  interurban  railways,  electric  power 
for  the  operation  of  their  cars  and  the  transaction  of 
their  said  business  in  said  cities  and  towns,  as  to  said 
tracks  so  furnished;  but  said  street  railways  shall 
not  be  required  to  furnish  electric  power  except  during 
such  hours  as  their  street  railway  cars  may  be  in  oper- 
ation; nor  shall  they  be  required  to  furnish  such  power 
where  they  have  not  power  houses  and  machinery  suffi- 
cient therefor;  and  they  shall  have  the  preference 
In  the  use  of  their  own  tracks  and  power  so  that  their 
own  cars  shall  not  he  delayed  in  transit;  nor  shall  they 
be  required  to  furnish  car  houses  or  car  barns  or  access 
thereto.  Said  interurban  railways  shall  pay  a  reason- 
able compensation  for  the  privileges  and  power  that 
may  be  furnished  them  as  above  mentioned  under  this 
Act.  If  an  agreement  for  the  use  of  the  facilities 
so  furnished  and  the  compensation  for  the  same  cannot 
be  made  between  the  interested  parties,  the  question 
as  to  the  amount  of  such  compensation  and  the  condi- 
tions under  which  said  facilities  shall  be  furnished, 
used  and  operated,  shall  be  heard  and  determined  by 
the  board  of  railroad  commissioners  of  the  State  of 
Iowa,  on  petition  to  the  said  board  by  either  party 
to  the  controversy,  10  days'  notice  in  writing  of  such 
petition  being  served  upon  the  opposite  party;  and  any 
order  entered  by  said  board  of  railroad  commissioners, 
or  court  upon  appeal,  shall  be  subject  to  modification 
or  review  from  time  to  time,  upon  notice  being  given 
as  herein  provided. 

Appeal  to  District  Court — Commissioner — Report — Hear- 
ing. §  2110d.  Each  party  to  the  proceeding  shall  have  the 
right  to  appeal  to  the  District  Court  of  the  county  where 
the  street  railway  in  question  is  located  from  any  order 
made  by  the  board  of  railroad  commissioners  under  this 
Act,  which  appeal  shall  be  taken  20  days  from  the 
date  of  the  order  appealed  from,  and  shall  be  perfected 
by  serving  a  notice  of  appeal  upon  the  other  parties 
to  such  proceeding  and  filing  the  same  with  the  secretary 
of  the  board  of  railroad  commissioners,  and  by  filing 
within  20  days  from  the  date  of  such  order,  a  petition 
in  the  said  District  Court,  stating  the  facts  and  asking 
the  court  to  determine  the  matter  in  controversy.  The 
board  of  railroad  commissioners  shall,  when  such  no- 
tice of  appeal  is  filed  with  the  secretary,  forthwith 
certify  to  said  District  Court  a  transcript  of  the 
papers  and  proceedings,  before  said  board,  and  its 
order  thereon.  The  court,  or  a  judge  thereof,  if  the  pe- 
tition is  filed  in  vacation,  shall  thereupon  appoint  a  com- 
missioner to  examine  into  the  necessity  of  such  proceed- 
ing, and  report  the  facts  and  his  recommendation  in 
such  time  as  the  court  or  judge  may  direct,  and  as 
soon  as  possible  thereafter  the  court  or  judge  shall 
appoint  a  time  and  place  for  the  hearing  of  such  pe- 
tition. The  proceedings  shall  be  in  equity  and  sub- 
ject to   all  the  rules  of  equity  practice,  except  that  the 


court  shall  require  the  issues  to  be  made  up  at  the 
first  term  after  the  petition  is  filed  and  give  the  pro- 
ceedings precedence  over  other  civil  business  and  try 
the  same  thereat  if  possible.  The  action  shall  be  tri- 
able de  novo  upon  said  appeal,  except  that  the  question 
of  compensation  for  the  tracks,  poles,  wires,  terminals 
and  power  to  be  furnished  shall  first  be  tried  to  a  jury 
in  the  same  manner  and  with  the  same  effect  as  jury 
trials  in  ordinary  proceedings,  and  the  jury  shall  as- 
sess, separately,  compensation  for  power  to  be  furnished, 
on  such  basis  as  the  court  shall  direct.  No  such  appeal 
shall  suspend  the  order  appealed  from  if  the  inter- 
urban railway  company  on  whose  behalf  said  order 
is  made  shall  file  such  bond  for  the  payment  of  damages 
and  costs  as  the  District  Court  to  which  such  appeal 
is  taken,  or  a  Judge  thereof,  may  order  and  require. 
In  all  cases  payment  of  the  compensation  awarded  shall 
be  made  or  secured  to  be  made  as  the  board  of  railroad 
commissioners  or  court  may  order  and  require  before  the 
interurban  company  desiring  the  use  of  the  same  shall 
be  entitled  thereto. 

Poiver  furnished  outside  of  city  or  town.  §  2110e.  Street 
railroad  companies  desiring  so  to  do  shall  be  author- 
ized to  furnish  to  interurban  railway  companies,  power 
for  the  operation  of  the  cars  of  interurban  railway 
companies  outside  of  cities  and  towns,  but  no  street  rail- 
road   company   shall   be   required   to   furnish   such   power. 

Applicable  to  interurban  railways  operating  street  rail- 
ways. §  2110f.  This  Act  shall  apply  to  those  portions  of 
the  terminals,  tracks,  poles  and  wires  of  interurban 
railway  companies  which  are  located  in  the  streets, 
alleys  and  public  places  of  cities  and  towns  and  which 
are  used  by  such  campanies  for  transaction  of  a  local 
street  railway  business;  and  where  an  interurban  rail- 
way company  has  heretofore  built  tracks  in  a  city  or 
town  used  for  street  railway  purposes  it  may  acquire 
the  use  of  such  tracks,  poles  and  wires  as  may  be  nec- 
essary to  complete  a  terminal  loop  for  the  cars  oper- 
ated on  such  tracks  and  for  the  use  of  its  interurban  cars 
only,  under  the  provisions  of  this  Act. 

Acts  in  conflict  repealed.  §  2110g.  All  Acts  and  parts 
of  Acts  in  conflict  herewith  are  hereby  repealed. 

Pending  litigation.  §  2110h.  The  provisions  of  this  Act 
shall  not  affect  any  pending  litigation. 

In  effect.  §  7.  This  Act,  being  deemed  of  immediate  im- 
portance, shall  take  effect  and  be  in  force  from  and  after 
its  publication  in  the  Register  and  Leader  and  Des 
Moines  Capital,  newspapers  published  in  Des  Moines, 
Iowa. 

Approved  April  5,  A.  D.   1907. 

Destruction  of  weed— Written  notice.  §  21101.  It  shail 
be  the  duty  of  every  corporation  owning  or  operating 
a  railroad  in  this  State  on  written  notice  from  the 
owner,  lessee  or  occupant  of  any  land  abutting  upon  its 
right  of  way  to  cut  and  burn,  or  otherwise  destroy 
once  each  year  during  the  month  of  July,  all  cockle 
burs,  burdock  weeds,  quack  grass  and  thistles  on  its 
right  of  way  adjacent  to  said  land. 

Penalty.  §  2110J.  Any  failure  to  comply  with  the  pro- 
visions of  this  Act  shall  be  deemed  as  a  misdemeanor 
and  shall  be  punished  accordingly. 

Enforcement.  §  2110k.  It  shall  be  the  duty  of  the 
county  attorneys  in  the  respective  counties  to  enforce  the 
provisions  of  this  Act. 

CHAPTER  VI. 

OF    THE    BOARn    OF    RAILROAD    COMMISSIONERS. 

Election — Organization.  §  2111.  The  board  of  railroad 
commissioners  shall  consist  of  three  persons  having 
the  qualifications  of  electors,  who  shall  be  elected 
In  the  same  manner  as  other  State  officers,  and  shall 
each  hold  his  office  for  three  years.  Immediately  after 
the  new  member  has  qualified,  the  board  shall  organize 
by  electing  one  of  its  members  as  chairman,  and  ap- 
pointing a  secretary  who  shall  take  the  same  oath 
as  the  commissioners;  but  this,  or  a  part  of  this,  may 
be  done  at  a  subsequent  meeting.  Any  person  ineli- 
gible to  the  office  of  commissioner  shall  be  ineligible 
to  the  office  of  secretary  of  the  board.  The  board 
shall  have  power  to  employ  such  additional  clerical 
help  as  it  may  find  necessary.     No  person  in  the  employ 


522 


National  Association  of  Eailway  Commissioners 


of  any  carrier,  or  owning  any  bonds,  stock  or  property 
In  any  railroad  company,  or  who  is  in  any  way  or  man- 
ner i>ecuniarily  interested  in  any  railroad  corporation, 
shall  be  eligible  to  the  office  of  railroad  commissioner, 
and  the  entering  into  the  employ  of  any  common  car- 
rier, or  the  acquiring  of  any  stock  or  other  interest  In 
any  common  carrier  by  any  officer  under  this  chapter, 
after  his  election  or  appointment,  shall  disqualify  him 
to  hold  the  office  and  to  perform  the  duties  thereof. 

Supervision.  §  2112.  The  board  shall  have  the  general 
supervision  of  all  railroads  in  the  State  operated  by 
steam,  express  companies,  car  companies,  sleeping  car 
companies,  freight  and  freight  line  companies,  and  any 
common  carrier  engaged  in  the  transportation  of  pas- 
sengers or  freight  by  railroad,  street  railroads  excepted, 
and  shall  investigate  any  alleged  neglect  or  violation 
of  the  laws  of  the  State  by  any  railroad  corporation 
doing  business  therein,  or  by  the  officers,  agents  or 
employes  thereof. 

Powers  and  duties  of  railroad  commissioners.  §  2113 
[as  amended  by  Act  approved  April  16,  1909].  It  shall 
from  time  to  time  carefully  examine  into  and  inspect  the 
condition  of  each  railroad,  its  equipment,  and  the  manner 
of  its  conduct  and  management  with  State;  make  semi- 
annual examinations  of  its  bridges,  and  report  the  condi- 
tion thereof  to  the  company  to  which  they  belong;  and  if 
found  by  it  unsafe  it  shall  immediately  notify  the  railroad 
company  whose  duty  it  is  to  put  the  same  in  repair,  which 
shall  be  done  by  it  within  10  days  after  receiving  such  no- 
tice. If  any  corporation  fails  to  perform  this  duty  the 
board  may  forbid  and  prevent  it  from  running  trains  over 
the  same  while  unsafe.  And  should  any  railroad  or  trans- 
portation company  in  this  State  fail  to  provide  proper 
shelter  for  its  patrons  at  stations  where  two  or  more 
tracks  are  operated,  or  fail,  or  refuse  to  connect  by 
proper  switches  or  tracks  with  the  tracks  or  lines  of 
other  railroad  or  transportation  companies  the  board 
may  require  such  railroad  or  transportation  company 
to  provide  the  same  in  such  manner  and  upon  such  con- 
dition as  it  may  determine.  When,  In  the  judgment 
of  the  board,  any  railway  corporation  fails  in  any 
respect  to  comply  with  the  terms  of  its  charter  or 
articles  of  incorporation  or  the  laws  of  the  State;  or 
when  in  its  judgment  any  repairs  are  necessary  upon 
its  road;  or  any  addition  to  its  rolling  stock,  or  addition 
to  or  change  in  its  stations  or  station  houses,  or  the  equip- 
ment thereof  for  the  health  and  convenience  of  the  public, 
or  change  in  its  rates  of  fare  for  transporting  freight  or 
passengers,  or  change  in  the  mode  of  operating  its  road 
or  conducting  its  business,  is  reasonable  and  expe- 
dient in  order  to  promote  the  security,  convenience 
and  accommodation  of  the  public,  the  board  shall  serve 
a  notice  upon  such  corporation,  in  tiie  manner  pro- 
vided for  the  service  of  an  original  notice  in  a  civil 
action,  which  notice  shall  be  signed  by  its  sec- 
retary, of  the  improvements  and  changes  which  it  finds 
to  be  proper;  and  a  report  of  such  proceedings  shall 
be  included  in  its  annual  report  to  the  governor  as  pro- 
vided in  the  next  section;  but  nothing  in  this  section 
shall  be  so  construed  as  relieving  any  railroad  com- 
pany from  Its  present  responsibility  or  liability  for  damage 
to  person  or  property. 

Report.  §  2114.  The  board  shall  annually,  on  or  before 
the  first  Monday  in  December,  make  a  report  to  the 
governor  of  its  doings  for  the  preceding  year,  contain- 
ing such  facts,  statements  and  explanations  as  will 
disclose  the  working  of  such  systems  of  railroad  trans- 
portation in  the  State,  and  their  relation  to  the  gen- 
eral business  and  prosperity  of  the  citizens  thereof, 
with  such  suggestions  and  recommendations  in  respect 
thereto  as  may  to  the  board  seem  appropriate.  Said 
report  shall  also  contain,  as  to  every  railroad  corpora- 
tion doing  business  in  this  State: 

1.  The   amount  of  its  capital; 

2.  The  amount  of  its  preferred  stock,  if  any,  and  the 
condition  of  its  preferment; 

3.  The  amount  of  its  funded  debt  and  the  rate  of 
Interest; 

4.  The   amount   of  its   floating  debt; 

5.  The  cost  and  actual  present  cash  value  of  its  road 
equipment,  including  permanent  way,  buildings  and  roll- 


ing stock,  all  real  estate  used  exclusively  in  operating 
the  road,  and  all  fixtures  and  conveniences  for  trans- 
acting its  business; 

6.  The  estimated  value  of  all  other  property  owned 
by  it,  with  a  schedule  of  the  same,  not  including  lands 
granted  in  aid  of  its  construction; 

7.  The  number  of  acres  originally  granted  it  by  the 
United  States  or  this  State  in  aid  of  the  construction 
of  its  road; 

8.  The  number  of  acres  of  such  land  remaining  un- 
sold; 

9.  A  list  of  its  officers  and  directors,  with  their 
respective  places  of  residence: 

10.  Such  statistics  of  the  road  and  of  its  transpor- 
tation business  for  the  year  as  may,  in  the  judgment 
of  the  commissioners,  be  necessary  and  proper  for  the 
information  of  the  general  assembly  or  as  may  be  re- 
quired by  the  governor; 

11.  The  average  amount  of  tonnage  that  can  be 
carried  over  each  road  in  the  State  with  an  engine  of 
given  power. 

Which  report  shall  exhibit  and  refer  to  the  condi- 
tion of  such  corporation  on  the  first  day  of  July  of  each 
year,  and  the  details  of  its  transportation  businesis 
transacted   during  the   year  ending  June   30. 

Examinations.  §2115.  The  board  shall  have  power,  In 
the  discharge  of  its  duties,  to  examine  any  of  the  books, 
papers  or  documents  of  any  railway  corporation,  or  io 
examine,  under  oath  or  otherwise,  any  officer,  director, 
agent  or  employe  thereof;  to  issue  subpoenas — the  cost 
thereof  as  well  as  the  Investigation  to  be  first  paid  ty 
the  State,  upon  the  certificate  of  the  board — and  to 
enforce  obedience  thereto  in  the  performance  of  1-  s 
duties  as  courts  of  law  may.  Any  person  who  shall  wil- 
fully obstruct  it  or  its  members  in  the  performanc  e 
of  their  duties,  or  who  shall  refuse  to  give  any  info  •- 
mation  within  his  possession  that  may  be  require  1 
by  them  within  the  line  of  their  duty,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  may  be  fined  n<  t 
exceeding  $1,000,  in  the  discretion  of  the  court. 

Duty  of  railroad  to  transport.  §2116  [as  amended  if 
Act  approved  April  1,  1909].  Every  railway  corporatic  i 
shall,  upon  reasonable  notice  and  within  a  reasonable  tlm  . 
furnish  suitable  cars  to  any  and  all  persons  who  may  apply 
therefor,  for  the  transportation  of  any  and  all  kinds  (  f 
freight,  and  receive  and  transport  such  freight  with  all  re. - 
sonable  dispatch,  and  provide  and  keep  suitable  facilitif  3 
for  the  receiving  and  handling  thereof  at  any  depot  on  tt  e 
line  of  its  road ;  and  shall  also  receive  and  transport  i  i 
like  manner  the  empty  or  loaded  cars  furnished  ty 
any  connecting  road,  to  be  delivered  at  any  station  <  r 
stations  on  the  line  of  its  road,  to  be  loaded  or  dl  > 
charged  or  reloaded  and  returned  to  the  road  so  coi- 
necting;  and  for  compensation  it  shall  not  demaid 
or  receive  any  greater  sum  than  is  accepted  by  it  fro:  a 
any  other  connecting  railroad  for  a  similar  service,  la 
any  suit  or  action  in  court  brought  against  a  railroad 
corporation  for  the  purpose  of  enforcing  rights  arisii  g 
under  the  provisions  of  this  section,  the  burden  nf 
proving  that  the  provisions  of  this  section  have  betn 
complied  with  by  such  railroad  corporation,  shall 
be  upon  such  railroad  corporation. 

Examination  of  rates.  §2117.  The  board  shall,  upcn 
the  application  of  the  mayor  and  council  of  any  city  or 
town,  or  the  trustees  of  any  township,  make  an  ex- 
amination of  the  rate  of  passenger  fare  or  freight  tar- 
iff charged  by  any  railroad  company,  and  the  concl- 
tlon  or  operation  of  any  railroad,  any  part  of  whose  lo- 
cation lies  within  the  limits  of  such  city,  town  or  towa- 
ship;  and  if  25  or  more  voters  of  any  city,  town  or 
township  shall  by  written  petition  request  the  mayor  and 
council  of  such  city  or  town,  or  the  trustees  of  such 
township,  to  make  the  said  complaint  and  application, 
and  they  refuse,  they  shall  state  the  reason  therefor 
in  writing  upon  the  petition,  and  return  the  same  to 
the  petitioners,  who  may  thereupon,  within  10  days 
from  the  date  of  such  refusal  and  return,  present 
the  same  to  the  board  of  commissioners,  who  shall,  if 
it    thinks    the    public    good    demands    the    examination, 


Public  SerVice  Laws 


523 


proceed  to  make  it  in  the  same  manner  as  if  called  upon 
by  the  mayor  and  council  of  any  city  or  town,  or  the 
trustees  of  any  township.  Before  proceeding  to  make 
such  examination,  it  shall  give  to  the  petitioners  and 
the  corporation  reasonable  notice,  in  writing,  of  the 
time  and  place  of  entering  upon  the  same.  If,  upon  such 
an  examination,  it  shall  appear  to  the  board  that  the 
complaint  is  well  founded,  it  shall,  within  10  days,  inform 
the  corporation  operating  such  railroad  of  its  finding, 
and   shall  report  its  doings  to  the  governor. 

Cumulative.  §  2118.  Nothing  in  this  or  the  succeeding 
chapter  shall  be  construed  to  estop  or  hinder  any  persons 
or  corporations  from  bringing  action  against  any  rail- 
way company  for  any  violation  of  the  laws  of  the  State 
for  the  government  of  railroads. 

Orders  of  commisasioners  enforced.  §  2119  [as  amended 
by  Act  approved  April  16,  1909].  The  District  Courts  of 
this  State  shall  have  jurisdiction  to  enforce,  by  proper  de- 
crees, injunctions  and  orders,  the  rulings,  orders  and  regu- 
lations affecting  public  rights,  made  or  to  be  made  by  the 
board,  such  as  are  now,  or  may  hereafter  be,  authorized  to 
be  made  by  them  for  the  future  direetion  and  observance  of 
railroads  in  this  State.  The  proceedings  therefor  shall  be 
by  equitable  action  in  the  name  of  the  State  of  Iowa,  and 
shall  be  instituted  by  the  attorney-general,  whenever  ad- 
vised by  the  board  that  any  railway  corporation,  or  person 
operating  a  line  of  road  in  this  State,  is  violating  and 
refusing  to  comply  with  any  rule,  order  or  regulation 
made  by  the  board,  and  applicable  to  such  railroad  or 
person.  It  shall  be  the  duty  of  the  court  in  which 
any  such  cause  shall  be  pending  to  require  the  issue 
to  be  made  up  at  the  first  term  of  the  court  to  which 
such  cause  is  brought,  which  shall  be  the  trial  term, 
and  to  give  the  same  precedence  over  other  civil  busi- 
ness. If  the  court  shall  find  that  such  rule,  regulation 
or  order  is  reasonable  and  just,  and  that  in  refusing 
compliance  therewith  said  railway  company  is  failing 
and  omitting  the  performance  of  any  public  duty  or 
obligation,  the  court  shall  decree  a  mandatory  and  per- 
petual injunction,  compelling  obedience  to  and  com- 
pliance with  such  rule  order,  or  regulation  by  said  rail- 
road company,  or  other  person,  its  officers,  agents,  serv- 
ants and  employes,  and  may  grant  such  other  relief 
as  may  be  deemed  just  and  proper.  All  violations 
of  such  decree  shall  render  the  company,  persons,  ofll- 
cers,  agents,  servants  and  employes  who  are  in  any 
manner  instrumental  in  such  violation,  guilty  of  con- 
tempt of  court,  and  the  court  may  punish  such  con- 
tempt by  a  fine  not  exceeding  $1,000  for  each  offense, 
and  may  imprison  the  person  guilty  of  contempt  until  he 
shall  sufficiently  purge  himself  therefrom.  And  such 
decree  shall  continue  and  remain  in  effect  and  be  en- 
forced until  the  rule,  order  or  regulation  shall  be  mod- 
ified or  vacated  by  the  court.  [The  amendment  of  1909 
adds  to  §  2119  the  following  three  paragraphs:] 

"That  all  rules,  orders  and  regulations  affecting 
public  rights,  made  or  to  be  made  by  the  board  of  rail- 
way commissioners,  such  as  are  now,  or  may  here- 
after be,  authorized  to  he  made  by  them  for  the  fu- 
ture direction  and  observance  of  railroads  in  this 
State,  shall  be  in  full  force  and  effect  from  and  after  the 
date  fixed  by  the  board  for  the  taking  effect  of  such  rules, 
order  and  regulations.  If  any  railroad  fails,  neglects  or 
refuses  to  comply  with  any  rule,  order  or  regulation 
made  by  the  board  within  the  time  specified,  it  shall 
pay  a  penalty  of  $50  for  each  and  every  day  it  fails, 
neglects  or  refuses  to  obey  any  rule,  order  or  regula- 
tion so  made  to  be  recovered  in  any  court  having 
jurisdiction. 

Appeal.  §  2.  Any  railroad  aggrieved  at  any  rule,  order 
or  regulation  made  by  the  board  may  institute  proceed- 
ings in  any  court  of  proper  jurisdiction  to  have  the  rule, 
order  or  regulation  complained  of  vacated,  if  found  by 
the  court  after  due  trial,  not  to  be  reasonable,  equit- 
able or  just,  and  if  upon  an  appeal  from  any  rule, 
order  or  regulation  of  the  board  the  complaining  railroad  Is 
successful  in  having  such  rule,  order  or  regulation  va- 
cated,  the    aforesaid    penalty   shall   be    set   aside,    if   un- 


successful, there  shall  be  taxed  as  a  part  of  the  costs 
a  reasonable  attorney's  fee  for  the  attorney  appearing 
in  behalf  of  the  State. 

Time  limit  extended  pending  appeal — Remission  of  ac- 
crued penalty.  §  3.  The  time  for  the  taking  effect  of  any 
rule,  order  or  regulation  affecting  public  rights,  made 
by  the  board  of  railroad  commissioners  as  provided 
herein,  may,  in  its  discretion,  be  extended,  and  said  ex- 
tension of  time  may  be  granted  for  the  purpose  of  test- 
ing the  legality  thereof,  upon  application  by  any  such 
aggrieved  railroad  showing  reasonable  grounds  there- 
for, and  that  said  application  is  made  in  good  faith  and 
not  for  the  purpose  of  delay.  When  any  railroad  shall 
fail  upon  appeal  to  secure  a  vacation  of  the  order  from 
which  it  has  appealed,  it  may  apply  to  the  court  in 
which  said  appeal  is  finally  adjudicated  for  an  order 
remitting  the  penalty  which  has  accrued  during  the 
pendency  of  the  appeal  and  upon  a  satisfactory  show- 
ing that  the  order  appealed  from  was  unreasonable 
or  unjust,  or  that  the  power  of  the  board  to  make  the 
same  was  doubtful  and  that  said  appeal  has  been  pros- 
ecuted in  good  faith  and  not  for  the  purposes  of  delay, 
such  court  may  remit  the  penalty  that  has  accrued  dur- 
ing the  pendency  of  the  appeal." 

Costs — Attorney's  fees.  §  2120.  Whenever  a  decree  shall 
be  entered  against  a  railroad  company  or  person  under 
the  preceding  section,  the  court  shall  render  judgment 
for  costs,  and  attorney's  fees  for  counsel  representing 
the  State. 

Investigation  of  interstate  freight  rates.  §  2120a.  It  Is 
hereby  made  the  duty  of  the  board  of  railroad  commis- 
sioners to  exercise  constant  diligence  in  informing 
themselves  of  the  rates,  charges,  rules  and  practices 
of  common  carriers  engaged  in  the  transportation  of 
freight  from  points  in  this  State  to  points  beyond  its 
limits,  and  from  points  in  other  States  to  points  in  this 
State,  also  in  territory  wholly  outside  this  State;  and  when- 
ever it  shall  come  to  the  knowledge  of  the  board  of  railroad 
commissioners  either  from  their  own  investigation  or  by 
complaint  made  to  them  in  any  manner  whatsoever 
that  the  rates  charged  by  any  common  carrier  on  inter- 
state business  are  unjust  or  unreasonable,  or  that  such 
rates,  rules  or  practices  discriminate  unjustly  against 
the  citizens,  industries  or  interests  of  this  State,  or 
place  any  of  the  citizens,  industries  or  interests'  of 
this  State  at  an  unreasonable  disadvantage  as  compared 
with  those  of  other  States,  or  are  levied  or  laid  In  vio- 
lation of  the  Act  to  regulate  commerce,  or  in  conflict 
with  the  rulings,  orders  or  regulations  of  the  Interstate 
Commerce  Commission,  it  shall  be  the  duty  of  the  board 
of  railroad  commissioners  to  immediately  call  the  atten- 
tion of  the  officials  of  railroads  operating  in  this  State  to 
the  fact  and  to  urge  upon  them  the  propriety  of  changing 
such  rate  or  rates,  rules  or  practices. 

Appeal  to  Interstate  Commerce  Comm,ission- — Prosecw- 
tions.  §  2120b.  Whenever  such  rates,  rules  or  practices 
are  not  changed  or  adjusted  so  as  to  remove  or  rem- 
edy such  discrimination  within  a  reasonable  time,  it  shall 
be  the  duty  of  the  board  of  railroad  commissioners, 
whenever  it  can  be  legally  done,  to  present  the  facts 
involved  in  such  discrimination  to  the  Interstate  Com- 
merce Commission  and  appeal  to  it  for  relief  and  there- 
after, if  deemed  necessary,  by  said  board  of  railroad 
commissioners,  they  shall  prosecute  any  charge  or 
charges  growing  out  of  any  such  discrimination  at  the 
expense  of  the  State,  before  said  Interstate  Commerce 
Commission. 

Attorney-general  to  assist.  §  2120c.  In  all  work  devolv- 
ing upon  the  railroad  commission  they  shall  receive, 
upon  application,  the  services  of  the  attorney-general 
of  this  State,  and  he  shall  also  represent  them,  when- 
ever called  upon  to  do  so,  before  the  Interstate  Com- 
merce Commission. 

Railroad  commissioners  to  have  supervision.  §  2120d. 
The  railroad  commissioners  of  this  State  shall  have 
general  supervision  over  any  and  all  wires  for  transmit- 
ting electric  current  or  any  other  wire  whatsoever 
crossing  under  or  over  any  track  of  a  railroad  in  this 
State. 

Regulations.  §  2120e.  Within  30  days  from  the  taking 
effect    of    this    Act    said    railroad    commissioners    shall' 


524 


National  Association  of  Railway  Commissioners 


make  regulations  prescribing  the  manner  in  which  such 
"Wires  shall  cross  such  railroad  tracks  in  this  State. 

Wires  must  he  strung  in  manner  prescribed.  §  2120f. 
It  shall  hereafter  be  unlawful  for  any  corporation  or  per- 
son to  place  or  string  any  such  wire  for  transmitting 
electric  current  or  any  wire  whatsoever  across  any  track 
of  a  railroad  In  this  State  except  in  such  manner  as  may 
be  prescribed  by  the  railroad  commissioners  as  provided 
by   this  Act. 

Examination  of  wires  already  strung.  §  2120g.  The 
board  of  railroad  commissioners  shall,  as  soon  as  pos- 
sible aftter  the  taking  effect  of  this  Act,  either  by  per- 
sonal examinations  or  otherwise,  obtain  information 
where  the  tracks  or  railroads  are  crossed  by  wires 
strung  over  said  tracks,  contrary  to  or  not  in  compli- 
ance with  the  rules  prescribed  by  the  railroad  com- 
missioners as  contemplated  by  this  Act,  and  shall  order 
such  change  or  changes  to  be  made  by  the  persons 
or  corporations  owning  or  operating  such  wires  as  it  may 
deem  necessary  to  make  the  same  comply  with  said 
rules  and  within  such  reasonable  time  as  it  may  pre- 
scribe. 

Minimum  height.  §  2120h.  In  case  such  wires  cross 
over  said  track,  in  no  case  shall  said  board  of  railroad 
commissioners  prescribe  a  less  height  than  22  feet  above 
the  top  of  the  rails  of  any  railroad  track  for  any  wire. 

Wires  across  railroad  right  of  way  at  highways.  §  21201. 
The  board  of  railroad  commissioners  are  hereby  au- 
thorized to  provide  for  and  regulate  the  crossing  of 
wires  over  and  across  railroad  rights  of  way  at  high- 
ways and  other  places  within  the  State. 

Penalty — Enforcement.  §  2120J.  Any  person  or  corpora- 
tion who  string  or  maintain  any  wire  across  any  rail- 
road track  in  this  State  at  a  different  height  or  in  a 
different  manner  from  that  prescribed  by  the  said  board 
of  railroad  commissioners  shall  forfeit  and  pay  to  the 
State  of  Iowa  the  sum  of  $100  for  each  separate  period 
of  10  days  during  which  such  wire  is  so  maintained, 
said  forfeiture  to  be  recovered  in  a  civil  action  brought 
in  any  court  of  competent  jurisdiction  in  the  name  of  the 
State  of  Iowa,  by  the  attorney-general,  or  by  the  county 
attorney  of  the  county  in  which  such  wire  Is  situated, 
at  the  request  of  the  said  board  of  railroad  commis- 
sioners, and  it  is  hereby  made  the  duty  of  the  said 
attorney-general  and  county  attorney  to  bring  such 
action  forthwith  upon  being  so   requested. 

Railroad  commissioner  to  investigate  accidents — Report. 
§  2120k.  That  upon  the  occurrence  of  any  serious  accident 
upon  any  railroad  within  this  State,  which  shall  re- 
sult in  personal  injury,  or  loss  of  life,  the  corporation 
operating  the  road  upon  which  the  accident  occurred 
shall  give  immediate  notice  thereof  to  the  board  of 
railroad  commissioners  whose  duty  it  shall  be,  if  they 
deem  it  necessary,  to  investigate  the  same,  and  prompt- 
ly report  to  the  governor  the  extent  of  the  personal 
Injuries,  or  loss  of  life,  and  whether  the  same  was  the 
result  of  mismanagement  or  neglect  of  the  corporation 
on  whose  line  the  injury  or  loss  of  life  occurred.  Pro- 
vided, that  such  report  shall  not  be  evidence  or  re- 
ferred to  in  any  case  in  any  court. 

Salaries.  §  2121.  The  board  shall  keep  an  office  in  the 
capitol  at  the  seat  of  government,  and  each  commis- 
sioner shall  receive  a  salary  of  $2,200  a  year.  The  sec- 
retary of  the  board  shall  receive  a  salary  of  $1,800  a 
year. 

INVESTIGATION    OF  RAILWAY   ACCIDENTS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Railroad  commissioners  to  investigate  accidents — Re- 
port. §  1.  That  upon  the  occurrence  of  any  serious  acci- 
dent upon  any  railroad  within  this  State,  which  shall 
result  in  personal  injury,  or  loss  of  life,  the  corpora- 
tion operating  the  road  upon  which  the  accident  occurred 
shall  give  Immediate  notice  thereof  to  the  board  of  rail- 
road commissioners  whose  duty  it  shall  be,  if  they  deem 
it  necessary,  to  investigate  the  same,  and  promptly  re- 
port to  the  governor  the  extent  of  the  personal  in- 
juries, or  loss  of  life,  and  whether  the  same  was  the 
result  of  mismanagement  or  neglect  of  the  corporation  on 
whose  line  the  injury  or  loss  of  life  occurred.     Provided, 


that  such  report  shall  not  be  evidence  or  referred  to 
in  any  case  in  any  court. 

In  effect.  §  2.  This  Act,  being  deemed  of  immediate 
importance,  shall  be  in  force  and  take  effect  from  and 
after  its  publication  in  the  Register  and  Leader  and 
the  Des  Moines  Capital,  newspapers  published  in  Des 
Moines,  Iowa. 

Approved   March   27,   A.   D.   1907. 

CHAPTER  VII. 

OF  THE  REGULATION  OF  CARRIERS  BY  RAILWAY. 

To  what  applicable.  §  2122.  The  provisions  of  thl8i 
chapter  shall  apply  to  the  transportation  of  passengers 
and  property,  and  to  the  receiving,  delivering,  storing 
and  handling  of  property  wholly  within  this  State,  and 
shall  apply  to  all  railroad  corporations,  express  com- 
panies, car  companies,  sleeping  car  companies,  freight 
or  freight  line  companies,  and  to  any  common  carrier 
engaged  in  this  State  in  the  transportation  of  passen- 
gers or  property  by  railroad  therein,  and  to  shipm^ants 
of  property  made  from  any  point  within  the  State;  to 
any  point  within  the  State,  whether  the  transportation 
of  the  same  shall  h»  wholly  within  this  State  or  partly 
within  this  State  and  partly  within  an  adjoining  State. 
The  term  "railroad"  and  "railway"  as  used  in  this 
chapter  shall  include  all  bridges  and  ferries  used  or 
operated  in  connection  with  any  railroad,  and  also  all  the 
road  in  use  by  any  corporation,  receiver,  trustee  or  o  her 
person  operating  a  railroad,  whether  owned  or  open  ted 
under  contract,  agreement  lease  or  otherwise;  and  the 
term  "transportation"  shall  include  all  instrumei  tal- 
ities  of  shipment  or  carriage;  and  the  term  "railway  ::or- 
poration"  shall  mean  all  corporations,  companies  or  in- 
dividuals owning  or  operating  any  railroad  in  wl  ole 
or  in  part  in  this  State;  and  the  provisions  of  his 
chapter  shall  apply  to  all  persons,  firms  and  compar  ies, 
and  to  all  associations  of  persons,  whether  incorpon  ted 
or  otherwise,  that  shall  do  business  as  common  carr  ers 
upon  any  of  the  lines  of  railway  in  this  State,  sti  eat 
railways  excepted,  the  same  as  to  railroad  corp.  irap 
tions  herein  mentioned. 

Charges  to  be  reasonable.  §  2123.  All  charges  m  ide 
for  any  service  rendered  or  to  be  rendered  in  the  tri  ns- 
portation  of  passengers  or  property  in  this  State,  or 
for  the  receiving,  delivering,  storage  or  handling  of  s  ich 
property,  shall  be  reasonable  and  just,  and  every  un.  ust 
and  unreasonable  charge  for  such  service  is  prohib  :ed 
and  declared  to  be  unlawful. 

Unjust  discrimination.  §  2124.  If  any  common  car  ier 
subject  to  the  provisions  of  this  chapter  shall  dire  tly 
or  indirectly,  by  any  special  rate,  rebate,  drawback  or 
other  device,  charge,  demand,  collect  or  receive  fi  om 
any  person  or  persons  a  greater  or  less  compensat  ion 
for  any  service  rendered,  or  to  be  rendered,  in  the 
transportation  of  passengers  or  property  subject  to  the 
provisions  of  this  chapter,  than  it  charges,  demai  ds, 
collects  or  receives  from  any  other  person  or  pers  )n8 
for  doing  for  him  or  them  a  like  contemporaneous  S'  rv- 
ice  in  the  transportation  of  a  like  kind  of  traffic,  s  ich 
common  carrier  shall  be  guilty  of  unjust  discriminat  on, 
which  is  hereby  prohibited  and  declared  to  be  unl  iw- 
ful;  but  this  section  shall  not  be  construed  as  prohibit- 
ing a  less  rate  per  100  pounds  in  a  car  load  lot  t  laa 
is  charged,  collected  or  received  from  the  same  kinc  of 
freight  in  less  than  a  car  load  lot. 

Undue  preferences — Switching  charges.  §2125.  Its^iall 
be  unlawful  for  any  common  carrier  subject  to  the  :)ro- 
visions  of  this  chapter  to  make  or  give  any  preference 
or  any  advantage  to  any  particular  person,  comp;  ny, 
firm,  corporation  or  locality,  or  any  particular  descrip- 
tion of  traffic,  in  any  respect  whatsoever;  or  subject  iny 
particular  person,  Company,  firm,  corporation  or  locality, 
or  any  particular  description  of  traffic,  to  any  prejudio  or 
disadvantage  in  any  respect  whatsoever;  but  this  shall  not 
be  construed  to  prevent  any  common  carrier  from  gi\  ing 
preference  as  to  time  of  shipment  of  live  stock,  unci;  red 
meats  or  other  perishable  property.  All  common  carriers 
subject  to  the  provisions  of  this  chapter  shall,  accordinj;  to 
their  respective  powers,  afford  all  reasonable,  proper 
and  equal  facilities  for  the  interchange  of  traffic  between 


Public  Service  Laws 


525 


tlieir_  respective  lines  and  for  the  receiving,  forwarding 
and  switctiing  of  cars,  and  for  the  receiving,  forward- 
ing and  delivering  of  passengers  and  property  to  and 
from  their  several  lines,  and  to  and  from  other  lines  and 
places  connected  therewith;  and  shall  not  discriminate 
in  their  accommodations,  rates  and  charges  between 
such  connecting  lines.  Any  common  carrier  may  be 
required  to  switch  and  transfer  cars  for  another,  for  the 
purpose  of  being  loaded  or  unloaded,  upon  such  terms 
and  conditions  as  may  be  prescribed  by  the  board  of 
railroad   commissioners. 

Long  and  short  haul — Fair  rate.  §  2126.  It  shall  be  un- 
lawful for  any  common  carrier  subject  to  the  provisions 
of  this  chapter  to  charge  or  receive  any  greater  compen- 
sation in  the  aggregate  for  the  transportation  of  passengers 
or  a  like  kind  of  property  for  a  shorter  than  for  a  longer 
distance  over  its  railroad,  all  or  any  portion  of  the  shorter 
haul  being  included  within  the  longer,  and  shall  charge  no 
more  for  transporting  freight  to  or  from  any  point  on  its 
railroad  than  a  fair  and  just  rate,  compared  with  the  price 
it  charges  for  the  same  kind  of  freight  transportation  to  or 
from  any  other  point. 

Pooling  contracts.  §  2127.  It  shall  be  unlawful  for  any 
common  carrier  subject  to  the  provisions  of  this  chapter 
to  enter  into  any  contract,  agreement  or  combination  with 
any  other  common  carrier  or  carriers  for  the  pooling  of 
freight  of  the  different  and  competing  railroads,  or  divide 
between  them  the  aggregate  or  net  proceeds  of  the  earnings 
of  such  railroads,  or  any  portion  thereof;  and  in  case  of  an 
agreement  for  the  pooling  of  freights  as  aforesaid,  each  day 
of  its  continuance  shall  be  a  separate  offense. 

Schedules  or  rates  and  fares.  §  2128.  Every  common 
carrier  subject  to  the  provisions  of  this  chapter  shall  print 
and  keep  for  public  inspection  schedules  showing  the  rates, 
fares  and  charges  for  the  transportation  of  passengers  and 
property  which  it  has  established,  and  which  are,  in  force 
at  the  time  upon  its  railroad.  The  schedules  shall  plainly 
state  the  places  upon  its  roads  between  which  property  and 
passengers  will  be  carried,  and  shall  contain  the  classifi- 
cation of  freight  in  force  upon  such  road,  stating  separately 
any  terminal  charges,  and  any  rules  and  regulations  which 
in  anywise  change,  affect  or  determine  any  part  of  the  ag- 
gregate of  such  rates,  fares  and  charges.  Such  schedules 
shall  be  plainly  printed  in  large  type,  of  at  least  the  size  of 
ordinary  pica,  and  a  copy  for  the  use  of  the  public  shall  be 
kept  in  every  freight  office  and  passenger  station  on  such 
road,  where  it  can  be  conveniently  inspected;  and  it  shall 
keep  a  printed  notice  posted  in  every  such  freight  office 
and  passenger  station  indicating  where  therein  the  same 
can  be  found.  No  advance  shall  be  made  in  the  rates,  fares 
and  charges  which  have  been  established  and  published  as 
aforesaid  by  any  common  carrier  except  after  10  days' 
public  notice,  which  shall  plainly  state  the  changes  pro- 
posed to  be  made  in  the  schedules  then  in  force,  and  the 
time  when  the  increased  rates,  fares  or  charges  will  go 
into  effect;  which  proposed  changes  shall  be  shown  by 
printing  new  schedules,  or  shall  be  plainly  indicated  upon 
the  schedules  in  force  at  the  time  and  kept  for  public  in- 
spection. Reduction  in  such  published  rates,  fares  or 
charges  may  be  made  without  previous  public  notice,  but 
when  made  notice  thereof  shall  be  immediately  and  publicly 
posted,  and  such  changes  made  public  by  printing  new 
schedules,  or  be  plainly  indicated  upon  the  schedules  at  the 
time  in  force  and  kept  for  public  inspection.  When  any 
such  common  carrier  shall  have  established  and  published 
Its  rates,  fares  and  charges,  it  shall  not  charge,  demand, 
collect  or  receive  from  any  person  or  persons  a  greater  or 
less  compensation  for  the  transportation  of  passengers  or 
property,  or  for  any  services  in  connection  therewith  than 
is  specified  in  such  published  schedule  of  rates,  fares  and 
charges  as  may  at  the  time  be  in  force.  Every  common 
carrier  subject  to  the  provisions  of  this  chapter  shall  file 
with  the  board  of  railroad  commissioners  copies  of  its 
schedules  of  rates,  fares  and  charges  established  and  pub- 
lished, and  shall  promptly  notify  said  board  of  all  changes 
made  in  the  same.  Every  such  common  carrier  shall  also 
file  with  the  board  copies  of  all  contracts,  agreements  or 
arrangements  with  other  common  carriers  in  relation  to 
any  traffic  affected  by  the  provisions  of  this  chapter  to 
which  it  may  be  a  party.  If  passengers  and  freight  pass 
over  continuous  lines  or  routes  in  this  State,  operated  by 
more  than  one  common  carrier,  and  the  several  common 


carriers  operating  such  lines  or  routes  have  established 
joint  tariffs  of  rates,  fares  or  charges  for  such  continuous 
lines  of  routes,  copies  of  such  joint  tariffs  shall  also  be 
filed  with  the  board.  Such  joint  rates,  fares  and  charges 
on  such  continuous  lines  shall  be  made  public  by  such 
common  carriers,  when  directed  by  said  board,  in  so  far  as 
in  its  judgment  may  be  practicable,  and  it  shall  also  from 
time  to  time  prescribe  the  measures  of  publicity  which  shall 
be  given  to  such  rates,  fares  and  charges,  or  to  such  part 
thereof  as  it  may  think  practicable  for  such  common  car- 
riers to  publish,  and  the  places  in  which  they  shall  be  pub- 
lished; but  no  common  carrier,  party  to  any  such  joint 
tariff,  shall  be  liable  for  the  failure  of  any  other  party 
thereto  to  observe  and  adhere  to  the  rates,  fares  or  charges 
thus  made  and  published.  If  any  such  common  carrier 
shall  neglect  or  refuse  to  file  or  publish  its  schedule  or 
taritfs  of  rates,  fares  and  charges,  or  any  part  of  the  same, 
it  shall,  in  addition  to  other  penalties  herein  prescribed, 
be  subject  to  a  writ  of  mandamus,  to  be  issued  by  any  Dis- 
trict Court  of  this  State  in  the  judicial  district  wherein  its 
principal  office  is  situated,  or  wherein  such  offense  may  be 
committed.  If  such  common  carrier  be  a  foreign  corpora- 
tion, then  such  writ  may  be  issued  by  any  District  Court 
in  the  judicial  district  where  it  accepts  traffic  and  has  an 
agent  to  perform  such  service,  to  compel  compliance  with 
the  provisions  of  this  section — such  writ  to  issue  in  the 
name  of  the  State,  at  the  relation  or  upon  the  petition  of 
the  board  of  railroad  commissioners;  and  the  failure  to 
comply  with  its  requirement  shall  be  punishable  as  for  a 
contempt,  and  shall  make  said  corporation  liable  to  a  pen- 
alty of  five  hundred  dollars  for  each  day's  failure  to  com- 
ply therewith;  and  when  any  such  writ  of  mandamus  shall 
be  applied  for  no  bond  shall  be  required. 

Common  carriers  to  redeem  tickets.  §  2128a.  It  shall 
be  the  duty  of  every  railroad  company,  corporation,  person 
or  persons  acting  as  common  carriers  of  passengers  in  the 
State  of  Iowa  to  provide  for  the  rederdption  at  the  place  of 
purchase  and  at  the  general  passenger  agent's  office  of  said 
carrier  of  the  whole  or  any  integral  part  of  any  passenger 
ticket  or  tickets  that  such  carrier  may  have  sold,  as  the 
purchaser  or  owner  has  not  used  for  passage  or  received 
transportation  for  which  such  ticket  should  have  been  sur- 
rendered; and  said  carrier  shall  there  redeem  the  same  at 
a  rate  which  shall  equal  the  difference  between  the  price 
paid  for  the  whole  ticket  and  the  cost  of  a  ticket  between 
the  points  for  which  said  ticket  has  been  actually  used,  and 
no  carrier  shall  limit  the  time  in  which  redemption  shall 
be  made  to  less  than  10  days  from  date  of  sale  at  the  place 
of  purchase  and  six  months  from  date  of  sale  at  general 
passenger  agent's  office. 

Notice  posted.  §  2128b.  No  railroad  company,  corpora- 
tion, person  or  persons  doing  business  in  the  State  of  Iowa, 
as  common  carrier  of  passengers,  whose  rate  of  fare  is 
regulated  by  statute  of  this  State,  shall  sell  or  issue  to  any 
person,  at  the  maximum  rate  allowed  by  law,  any  ticket 
or  tickets  bearing  any  condition  of  limitation  as  to  the  time 
of  use,  or  as  to  transferability,  without  first  providing  for 
the  redemption  of  said  ticket,  as  directed  by  the  preceding 
section  hereof,  and  also  having  notice  of  such  provision 
and  privilege  of  redemption  conspicuously  posted  at  each 
place  where  sales  of  tickets  are  made  by  such  common  car- 
riers in  this  State.  A  failure  to  provide  for  the  redemption 
of  such  ticket  or  to  give  notice  as  above  provided  shall 
make  all  conditions  and  limitations  as  to  time  of  use  or 
transferability  of  no  force  or  effect. 

Penalty.  §  2128c.  Any  railroad  company,  corporation, 
person  or  persons,  who  as  common  carriers  shall  sell  or 
issue  tickets  as  set  forth  in  the  preceding  sections,  and 
shall  refuse  or  neglect  to  redeem  the  same  as  by^^aid  sec- 
tions provided,  within  10  days  of  date  of  demand,  shall 
forfeit  and  pay  to  the  owner  of  such  ticket  the  purchase 
price  of  said  ticket,  and  the  further  sum  of  one  hundred 
dollars. 

Mileage  books.  §  2128d.  Nothing  in  this  Act  shall  pro- 
hibit the  sale  of  mileage  books  or  tickets,  at  less  than  the 
maximum  rates  allowed  by  law,  bearing  reasonable  condi- 
tions of  limitation,  as  to  the  right  of  use  for  passage. 

Continuous  shipments.  §  2129.  It  shall  be  unlawful  for 
any  common  carrier  subject  to  the  provisions  of  this  chap- 
ter to  enter  into  any  combination,  contract  or  agreement, 
expressed  or  implied,  to  prevent,  by  change  of  time  sched- 


}; 


526 


National  Association  of  Railway  Commissioners 


ules,  carriage  in  different  cars,  or,  by  other  means  or  device, 
the  carriage  of  freights  from  being  continuous  from  place 
of  shipment  to  the  place  of  destination  in  the  State;  and 
no  break  of  bulk,  stoppage  or  interruption  made  by  such 
common  carrier  shall  prevent  the  carriage  of  freights  from 
being  treated  as  one  continuous  carriage  from  the  place  of 
shipment  to  the  place  of  destination,  unless  such  break, 
stoppage  or  interruption  was  made  in  good  faith  for  some 
necessary  purpose,  and  without  any  intent  to  avoid  or  un- 
necessarily interrupt  such  continuous  carriage,  or  to  evade 
any  of  the  provisions  of  this  chapter. 

Penalty  in  treble  damages.  §  2130.  In  case  any  common 
carrier  subject  to  the  provisions  of  this  chapter  shall  do, 
cause,  or  permit  to  be  done  anything  herein  prohibited 
or  declared  to  be  unlawful,  or  shall  omit  to  do  anything 
in  this  chapter  required  to  be  done,  it  shall  be  liable  to 
the  person  or  persons  injured  thereby  for  three  times 
the  amount  of  damages  sustained  in  consequence,  to- 
gether with  costs  of  suit,  and  a  reasonable  attorney's 
fee  to  be  fixed  by  the  court,  on  an  appeal  or  otherwise, 
which  shall  be  taxed  and  collected  as  part  of  the  costs 
in  the  case;  but  in  all  cases  demand  in  writing  shall  be 
made  for  the  money  damages  sustained  before  action  is 
brought  for  a  recovery  under  this  section,  and  no  action 
shall  be  brought  until  the  expiration  of  15  days  after 
such   demand. 

Remedy — Evidence.  §  2131.  Any  person  claiming  to  be 
damaged  by  any  common  carrier  subject  to  the  provisions 
of  this  chapter  may  either  make  complaint  to  the  board 
of  railroad  commissioners,  or  may  bring  action  in  his 
own  behalf  for  the  recovery  of  damages  for  which  any 
such  common  carrier  may  be  liable  under  the  provisions 
hereof;  but  he  shall  not  have  the  right  to  pursue  both 
of  said  remedies  at  the  same  time.  In  any  such  action, 
the  court  before  whom  the  case  shall  be  pending  may 
compel  any  director,  officer,  receiver,  trustee  or  agent 
of  the  corporation  or  company  defendant  in  such  suit  to 
attend  as  a  witness  and  to  testify,  and  may  compel  the 
production  of  the  books  and  papers  of  such  corporation 
or  company;  and  the  claim  that  any  such  testimony  or 
evidence  may  tend  to  criminate  the  person  giving  the 
same  shall  not  excuse  him  from  testifying  or  producing 
said  books  and  papers,  but  no  person  shall  be  prosecuted 
or  subjected  to  any  penalty  or  forfeiture  for  and  on 
account  of  any  transaction,  matter  or  thing  concerning 
which  he  may  testify  or  produce  evidence,  documentary 
or  otherwise;  provided,  that  no  person  so  testifying  shall 
be  exempted  from  prosecution  and  punishment  for  per- 
jury committed  in  so  testifying. 

Criminal  liability.  §  2132.  Except  as  otherwise  spe- 
cially provided  for  in  this  chapter,  and  unless  relieved 
from  the  consequences  of  a  violation  of  the  law  as  pro- 
vided herein,  any  common  carrier  subject  to  the  provi- 
sions hereof,  or,  when  such  common  carrier  is  a  corpora- 
tion, any  director  or  officer  thereof,  or  any  receiver, 
trustee,  lessee,  agent  or  person  acting  for  or  employed 
by  such  corporation,  who,  alone  or  with  any  other  cor- 
poration, company,  person  or  party  shall  wilfully  do  or 
cause  to  be  done,  or  shall  wilfully  suffer  or  permit  to  be 
done,  any  act,  matter  or  thing  in  this  chapter  prohibited 
or  declared  to  be  unlawful,  or  who  shall  aid  or  abet 
therein,  or  shall  wilfully  omit  or  fail  to  do  any  act, 
matter  or  thing  in  this  chapter  required  to  be  done,  or 
shall  cause  or  wilfully  suffer  or  permit  any  act,  matter 
or  thing,  so  directed  or  required  by  the  provisions  of 
this  chapter  to  be  done,  not  to  be  so  done,  or  shall  aid  or 
abet  any  such  omission  or  failure,  or  shall  be  guilty  of 
any  infraction  of  the  provisions  of  this  chapter,  or  shall 
aid  and  abet  therein,  shall  be  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  fined  not  more 
than   $5,000  nor  less  than   $500  for  each  offense. 

Inquiry  by  commissioners.  §  2133.  The  board  of  rail- 
road commissioners  shall  inquire  into  the  management 
of  the  business  of  all  common  carriers  subject  to  the 
provisions  of  this  chapter,  and  keep  itself  informed  as 
to  the  manner  and  method  in  which  the  same  is  con- 
ducted, and  have  the  right  to  obtain  from  them  full 
and  complete  information  necessary  to  enable  the  board 
to  perform  its  duties  and  carry  out  the  object  for  which 
it  was  created;  shall  have  power  to  require  the  attend- 
ance   and   testimony   of   witnesses,   the   production   of   all 


books,  papers,  tariffs,  schedules,  contracts,  agreements 
and  documents  relating  to  any  matter  under  investiga- 
tion; and  may  invoke  the  aid  of  any  court  of  this  State  in 
requiring  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books,  papers  and  documents;  and 
any  court  within  the  jurisdiction  of  which  such  inquiry 
is  carried  on  shall,  in  case  of  refusal  to  ol>ey  a  sub- 
poena or  other  proper  process  issued  to  any  common 
carrier  or  person  subject  to  the  provisions  hereof,  issue 
an  order  requiring  such  carrier  or  person  to  appear  before 
said  board  and  produce  books  and  papers,  if  so  ordered, 
and  testify  touching,  or  in  relation  to,  the  matter  in 
question;  and  a  failure  to  obey  such  orders  of  the 
court  shall  be  punished  as  for  a  contempt  thereof.  The 
claim  that  any  such  testimony  or  evidence  may  tend 
to  criminate  the  person  giving  it  shall  not  excuse  him 
from  testifying,  but  no  person  shall  be  prosecuted  or 
subjected  to  any  penalty  or  forfeiture  for  and  on  ac- 
count of  any  matter  or  thing  concerning  which  he  may 
testify  or  produce  evidence,  documentary  or  otherwise; 
provided,  that  no  person  so  testifying  shall  be  exempted 
from  prosecution  and  punishment  for  perjury  committed 
in   so  testifying. 

Complaint.  §  2134.  Any  person,  firm,  corporation  or 
association,  or  any  mercantile,  agricultural  or  manufac- 
turing society,  or  any  body  politic  or  municipal  organ- 
ization, complaining  of  anything  done  or  omitted  to  l>e 
done  by  any  common  carrier  subject  to  the  provisions 
of  this  chapter  in  contravention  thereof,  may  apply  lo 
said  board  by  petition,  briefly  stating  the  facts;  whera- 
upon  a  copy  of  the  complaint  with  the  damages,  if  ary 
are  claimed,  shall  be  forwarded  by  the  board  to  such 
carrier,  who  shall  be  requested  to  satisfy  the  complaint, 
or  answer  the  same  in  writing  within  a  reasonable  tiae 
to  be  fixed  by  the  board.  If  such  carrier  within  the  tine 
specified  shall  make  reparation  for  the  injury  alleged  io 
have  beeen  done,  or  shall  correct  the  wrong  complained  o^ 
it  shall  be  relieved  of  liability  to  the  complainant  for  tbs 
particular  violation  complained  of.  If  it  shall  not  satisfy 
the  complaint  within  the  time  fixed,  or  there  shall  appear 
to  be  any  reasonable  ground  for  investigating  the  con  - 
plaint,  the  board  shall  Inquire  into  the  matters  complaine  1 
of  in  such  manner  and  by  such  means  as  it  shall  thin  c 
proper.  Whenever  it  has  sufficient  reason  to  believe  the  t 
any  carrier  is  violating  any  provision  of  this  chapter,  ;t 
shall  at  once  institute  an  Inquiry,  as  though  complaint  ha  1 
been  made.  No  complaint  shall  at  any  time  be  dismlsse  I 
because  of  the  absence  of  direct  damage  to  the  complainan  . 
Investigations — Report.  §  2135.  When  an  Investigatio  i 
is  made  by  the  board  after  notice,  it  shall  make  a  repoi  t 
in  writing,  stating  its  conclusions,  which  shall  includ  > 
the  findings  of  fact  upon  which  the  conclusions  ar ; 
based,  together  with  its  recommendations  or  orders  a  j 
to  what  reparation,  if  any,  shall  be  made  by  the  carrle  • 
to  any  party  who  may  be  found  to  have  been  injured : 
and  such  finding  shall  thereafter  in  all  judicial  proceec  - 
ings  be  prima  facie  evidence  of  every  fact  found.  A  I 
reports  of  investigations  made  by  the  board  shall  b  > 
entered  of  record,  and  a  copy  furnished  to  the  part/ 
who  complained,  and  any  other  person  directly  intereste( . 
and  to  any  carrier  that  may  have  been  complained  of. 

Orders.  §  2136.  If  in  any  case  in  which  an  investigi  - 
tlon  shall  be  made  by  the  board  it  shall  be  made  t  > 
appear  to  the  satisfaction  of  such  board,  either  by  th  i 
testimony  of  witnesses  or  other  competent  evidenct , 
that  anything  has  been  done  or  omitted  to  be  done,  i  i 
violation  of  the  provisions  of  this  chapter,  or  of  an  f 
law  cognizable  by  the  board,  by  any  common  carrier, 
or  that  any  injury  or  damage  has  been  sustained  by  ths 
party  complaining,  or  by  other  parties,  in  consequence  of 
any  such  violation,  it  shall  be  the  duty  of  the  boar  I 
forthwith  to  cause  a  copy  of  its  report  in  respect  theretJ 
to  be  delivered  to  such  carrier,  together  with  a  notice 
to  it  to  cease  from  such  violation,  or  to  make  reparatioi 
for  the  injury  found  to  have  been  done,  or  both,  withii 
a  reasonable  time,  to  be  fixed  by  the  board.  And  If 
within  the  time  fixed  it  shall  be  made  to  appear  to  the 
board  that  such  carrier  has  ceased  from  such  violatloa 
of  law,  and  has  made  reparation  for  the  injury  founl 
to  have  been  done,  in  compliance  with  the  report  an! 
notice  of  the  board,  or  to  the  satisfaction  of  the  party 
complaining,  a  statement  to  that  effect  shall  be  entered 


Public  Service  Laws 


527 


of  record  by  it,  and  the  carrier  shall  thereupon  be  re- 
lieved from  further  liability  or  penalty  for  such  particular 
violation  of  law. 

Enforcevient  of  orders.  §  2137.  Whenever  any  common 
carrier  as  defined  in  this  chapter  shall  violate  or  refuse 
or  neglect  to  obey  any  lawful  order  or  requirement  of 
the  board,  it  shall  be  the  duty  of  the  board,  and  lawful 
for  any  company  or  person  interested  in  such  order  or 
requirement,  to  apply,  in  a  summary  way,  by  petition, 
to  the  District  or  Superior  Court  in  any  county  of  this 
State  in  which  the  common  carrier  complained  of  has 
its  principal  office,  or  in  any  county  through  which  its 
line  of  read  passes  or  is  operated,  or  in  which  the 
violation  or  disobedience  of  such  order  or  requirement 
shall  happen,  alleging  such  violation  or  disobedience, 
as  the  case  may  be;  and  the  said  court  shall  have 
power  to  hear  and  determine  the  matter,  on  such  short 
notice  to  the  common  carrier  complained  of  as  the 
court  shall  deem  reasonable;  and  such  notice  may  be 
served  on  such  common  carrier,  his  or  its  officers,  agents 
or  servants,  as  the  court  shall  direct;  and  said  court' 
shall  proceed  to  hear  and  determine  the  matter  speedily 
as  a  court  of  equity,  and  without  the  formal  pleadings 
and  proceedings  applicable  to  ordinary  suits  in  equity, 
but  in  such  manner  as  to  do  justice  in  the  premises; 
and,  to  this  end,  such  court  shall  have  power,  if  it 
think  fit,  to  direct  and  prosecute,  in  such  mode  and  by 
such  persons  as  it  may  appoint,  all  such  inquiries  as 
the  court  may  think  needful  to  enable  it  to  form  a 
just  judgment  in  the  matter  of  such  petition;  and  on 
such  hearing  the  report  of  the  board  shall  be  prima  facie 
evidence  of  the  matter  therein,  or  in  any  order  made 
by  them,  stated;  and  if  it  be  made  to  appear  to  such 
court  on  such  hearing,  or  on  the  report  of  any  such 
person  or  persons,  that  the  order  or  requirement  of 
the  board  drawn  in  question  has  been  violated  or  dis- 
obeyed, it  shall  be  lawful  for  such  court  to  issue  a 
writ  of  injunction,  or  other  proper  process,  mandatory 
or  otherwise,  to  restrain  such  common  carrier  from 
further  continuing  such  violation  or  disobedience  of  such 
order  or  requirement  of  the  board,  and  enjoining  obedi- 
ence to  the  same,  and  in  case  of  any  disobedience  of 
any  writ  of  injunction  or  other  proper  process,  man- 
datory or  otherwise,  it  shall  be  lawful  for  such  court 
to  issue  a  writ  of  attachment,  or  any  other  process  of 
said  court  incident  or  applicable  to  writs  of  injunction 
or  other  proper  process,  mandatory  or  otherwise,  against 
such  common  carrier,  and,  if  a  corporation,  against  one 
or  more  of  the  directors,  officers  or  agents  of  the  same, 
or  against  any  owner,  lessee,  trustee,  receiver  or  other 
person  failing  to  obey  such  writ  of  injunction  or  other 
proper  process,  mandatory  or  otherwise;  and  said  court 
may,  if  it  think  fit,  make  an  order  directing  such  com- 
mon carrier  or  other  person  so  disobeying  such  writ  of 
injunction  or  other  proper  process,  mandatory  or  other- 
wise to  pay  any  sum  of  money,  not  exceeding  for  each  car- 
rier or  person  in  default  the  sum  of  ?1,000  for  every  day, 
after  a  day  to  be  named  in  the  order,  that  such  carrier  or 
other  person  shall  fail  to  obey  such  injunction  or  other 
proper  process,  mandatory  or  otherwise;  and  such  moneys 
shall,  upon  order  of  the  court,  be  paid  into  the  treasury  of 
the  county  in  which  the  action  was  commenced,  and  one- 
half  thereof  shall  be  transferred  by  the  county  treasurer  to 
the  State  treasury;  and  the  payment  thereof  may,  without 
prejudice  to  any  other  mode  of  recovering  the  same,  be 
enforced  by  attachment  or  order,  in  the  nature  of  a 
writ  of  execution,  in  like  manner  as  if  the  same  had 
been  recovered  by  a  final  decree  in  personam  in  such 
court,  saving  to  the  board  and  any  other  party  or  person 
interested  in  the  right  of  appeal  to  the  Supreme  Court 
of  the  State,  under  the  same  regulations  now  provided 
by  law  in  relation  to  appeals  to  said  court  as  to  security 
for  such  appeal,  except  that  in  no  case  shall  security 
for  such  appeal  be  required  when  the  same  is  taken 
by  the  board;  but  no  appeal  to  said  Supreme  Court 
shall  operate  to  stay  or  supersede  the  order  of  the  court, 
or  the  execution  of  any  writ  or  process  thereon;  and 
such  court  may  in  every  such  matter  order  the  payment 
of  such  costs  and  attorney  and  counsel  fees  as  shall 
be  deemed  reasonable.  Whenever  any  such  petition 
shall    be    filed    or    presented,    or    be    prosecuted    by    the 


board,  or  by  the  direction,  it  shall  be  the  duty  of  the 
attorney-general  of  the  State  to  prosecute  the  same,  and 
in  such  prosecution  he  shall  have  the  right  to  have 
the  assistance  of  any  county  attorney  of  the  county  in 
which  any  such  proceedings  are  instituted,  and  it  is 
hereby  made,  the  duty  of  such  county  attorney  to  render 
such  assistance;  and  the  costs  and  expenses,  on  the 
part  of  the  board,  of  any  such  prosecution  shall  be  paid 
out  of  the  appropriations  for  the  expenses  of  the  board. 

Commissioners'  schedules  of  rates — Effect.  §  2138.  The 
schedules  of  reasonable  maximum  rates  of  charges  for 
the  transportation  of  freight  and  cars,  together  with 
the  classification  of  such  freights  now  in  effect,  shall 
remain  in  force  until  changed  by  the  board  according 
to  law,  which,  in  all  actions  brought  against  railway 
corporations,  wherein  there  are  involved  the  charges 
thereof  for  the  transportation  of  any  freight  or  cars,  or 
any  unjust  discrimination  in  relation  thereto,  shall  be 
taken  as  prima  facie  evidence  in  all  courts  that  the 
rates  fixed  therein  are  reasonable  and  just  maximum 
rates  of  charge  for  which  said  schedules  have  been 
prepared.  The  board  shall  from  time  to  time,  and  as 
often  as  circumstances  may  require,  change  and  revise 
such  schedules,  but  the  rates  fixed  shall  not  be  higher 
than  established  by  law.  The  board  shall  give  notice 
of  its  intention  to  revise  or  change  such  schedules  by 
publishing  a  notice  thereof  in  two  weekly  newspapers 
published  at  the  seat  of  government,  for  two  consecutive 
weeks,  and  the  last  publication  of  such  notice  shall  be 
at  least  10  days  before  the  time  fixed  for  considering 
the  matter,  and  such  notice  shall  contain,  in  general 
terms,  a  statement  of  the  matters  the  board  proposes 
to  consider,  and  the  date  when  and  the  place  where 
the  matter  will  be  taken  up,  and  shall  be  addressed 
to  all  persons  interested  therein.  When  any  schedule 
is  thus  revised  the  board  must  cause  notice  thereof 
to  be  published  for  two  consecutive  weeks  in  some 
public  newspaper  printed  at  the  seat  of  government, 
which  shall  state  the  date  of  the  taking  effect  thereof, 
and  it  shall  take  effect  at  the  time  so  stated.  A  printed 
copy  of  such  revised  schedule  shall  be  conspicuously 
posted  by  said  common  carrier  in  each  freight  office 
and  passenger  depot  upon  all  lines  affected  thereby,  and, 
when  certified  by  the  board  that  the  same  is  a  true 
copy  prepared  by  it  for  the  railway  company  or  cor- 
poration therein  named,  and  that  notice  thereof  hadl 
been  published  as  required  by  law,  shall  be  received 
in  evidence  in  all  actions  as  prima  facie  the  schedule 
of  such  board. 

Complaint  of  violation  of  schedule.  §  2139.  When  any 
person,  in  his  own  behalf,  or  in  behalf  of  a  class  of 
persons  similarly  situated,  or  a  firm,  corporation  or 
association,  or  any  mercantile,  agricultural  or  manufac- 
turing society,  or  any  body  politic  or  municipal  organ- 
ization, shall  make  complaint  to  the  board  of  railway 
commissioners  that  the  rate  charged  or  published  by 
any  railway  company,  or  the  maximum  rates  fixed  by 
the  board  in  the  schedule  of  rates  made  by  it,  or  the 
maximum  rate  fixed  by  law,  is  unreasonably  high  or 
discriminating,  the  board  shall  investigate  the  matter, 
and,  if  the  charge  appears  to  be  well  founded,  fix  a  day 
for  hearing  the  same,  giving  the  railway  company  notice 
of  the  time  and  place  thereof  by  mail,  directed  to  any 
division  superintendent,  general  or  assistant  superintend- 
ent, general  manager,  president  or  secretary  of  such 
company,  which  notice  shall  contain  the  substance  of 
the   complaint,   also   the   person  or  persons   complaining. 

Hearing — Evidence.  §  2140.  Upon  the  hearing  the 
board  shall  receive  any  evidence  and  listen  to  any  argu- 
ments offered  or  presented  by  either  party  relevant  to 
the  matter  under  investigation,  and  the  burden  of  proof 
shall  not  be  upon  the  person  or  persons  making  the 
complaint;  but  it  shall  add  to  the  showing  made  at 
such  hearing  whatever  information  it  may  then  have,  or 
can  obtain  from  any  source,  including  schedules  of  rates, 
actually  charged  by  any  railway  company  for  substan- 
tially the  same  kind  of  service,  in  this  or  any  other 
State.  The  lowest  rates  published  or  charged  by  any 
railway  company  for  substantially  the  same  kind  of 
service,   whether  in  this   or  another   State,   shall,  at  the 


528 


National  Association  of  Railway  Commissioners 


Instance  of  the  person  or  persons  complaining,  be  ac- 
cepted as  prima  facie  evidence  of  a  reasonable  rate  for 
the  services  under  investigation;  and  if  the  railway  com- 
pany complained  of  is  operating  a  line  of  railroad  be- 
yond the  State,  or  has  a  trafiBc  arrangement  with  any 
such  railway  company,  the  same  shall  be  taken  into 
consideration  in  determining  what  is  a  reasonable  rate; 
if  it  be  operating  a  line  of  railway  beyond  the  State,  the 
rate  charged  or  established  for  substantially  a  similar 
or  greater  service  by  it  in  another  State  shall  also  be 
considered. 

Determination.  §  2141.  After  such  hearing  and  investi- 
gation, the  board  shall  fix  and  determine  the  maximum 
charges  to  be  thereafter  made  by  the  railroad  company 
or  common  carrier  complained  of,  which  charge  shall  in 
no  event  exceed  the  one  now  or  hereafter  fixed  by  law; 
and  the  board  shall  render  their  decision  in  writing,  and 
shall  spread  the  same  at  length  in  the  record  to  be  kept 
for  that  purpose;  such  decision  shall  specifically  set  out 
the  sums  or  rate  which  the  railroad  company  or  com- 
mon carrier  so  complained  of  may  thereafter  charge  or 
receive  for  the  service  therein  named,  and  including  a 
classification  of  such  freight;  and  the  board  shall  not  be 
limited  in  their  said  decision  and  the  schedule  to  be  con- 
tained therein  to  the  specific  case  or  cases  complained 
of,  but  it  shall  be  extended  to  all  such  rates  between 
points  in  this  State,  and  whatever  part  of  the  line  of 
railway  of  such  company  or  common  carrier  within  this 
State  may  have  been  fairly  within  the  scope  of  such 
investigation;  and  any  such  decision  so  made  and  en- 
tered on  record  of  the  board,  including  any  such  sched- 
ules and  classifications,  shall,  when  duly  authenticated, 
be  received  and  held  in  all  suits  brought  against  any 
such  railroad  corporation  or  common  carrier,  wherein 
is  in  any  way  involved  the  charges  of  any  such  corpora- 
tion or  carrier  mentioned  in  said  decisions,  in  any  of  the 
courts  of  this  State,  as  prima  facie  evidence  that  the 
rates  therein  fixed  are  reasonable  maximum  rates,  the 
same  as  the  schedule  made  by  the  board  as  provided  in 
§  2138  hereof;  and  the  rates  and  classifications  so  estab- 
lished, after  such  hearing  and  investigation,  shall,  from 
time  to  time  thereafter,  upon  complaint  duly  made,  be 
subject  to  revision  by  the  board,  the  same  as  any  other 
rates  and  classifications. 

Proceedings  of  commissioners.  §  2142.  The  board  may 
in  all  cases  conduct  its  proceedings,  when  not  otherwise 
prescribed  by  law,  in  such  manner  as  will  best  conduce 
to  the  proper  dispatch  of  business  and  the  attainment  of 
justice.  A  majority  of  the  board  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  no  commis- 
sioner shall  participate  in  any  hearing  or  proceeding  in 
■which  he  has  any  pecuniary  interest.  It  may  from  time 
to  time  make  or  amend  such  general  rules  or  orders  as 
may  be  necessary  for  the  preservation  of  order  and  the 
regulation  of  proceedings  before  it.  including  forms  of 
notice  and  the  service  thereof,  which  shall  conform  as 
nearly  as  may  be  to  those  in  use  in  the  courts  of  the 
State.  Any  party  may  appear  before  it  and  be  heard  in 
person  or  by  attorney.  Eyery  vote  and  official  action 
thereof  shall  be  entered  of  record,  and,  upon  the  request 
of  either  party  or  person  interested,  its  proceedings  shall 
be  public.  It  shall  have  a  seal  of  which  courts  shall  take 
judicial   notice. 

Annual  reports  from  companies.  §  2143.  The  board 
shall  require  annual  reports  from  all  common  carriers 
subject  to  the  provisions  of  this  chapter  to  be  made  at 
the  same  time  they  make  rajwrt  to  the  executive  council, 
to  cover  the  same  period,  and  prescribe  the  manner  in 
which  specific  answers  to  all  questions  upon  which  it 
may  need  information  shall  be  made.  Such  report  shall 
show  in  detail  the  amount  of  capital  stock  issued,  the 
amounts  paid  therefor,  and  manner  of  payment;  the  divi- 
dends paid;  surplus  fund,  if  any;  number  of  stockhold- 
ers; the  funded  and  floating  debts  and  the  interest  paid 
thereon;  the  cost  and  value  of  the  carrier's  property, 
franchises  and  equipment;  the  number  of  locomotive  en- 
gines and  cars  used  in  the  State,  and  the  number  sup- 
plied with  automatic  safety  couplers,  and  the  kind  and 
number  of  brakes  used,  and  the  number  of  each;  the 
number  of  employes  and  the  salaries  paid  each  class;  the 


amounts  expended  for  improvements  each  year,  how  and 
where  expended  and  the  character  cf  such  improvements; 
the  earnings  and  receipts  from  each  branch  of  business 
and  from  all  sources;  the  operating  and  other  expenses; 
the  balance  of  profit  and  loss,  and  a  complete  exhibit  of 
financial  operations  thereof  each  year,  including  an  an- 
nual balance  sheet.  Such  reports  shall  also  •contain  such 
information  in  relation  to  rates  or  regulations  concerning 
fares  or  freights,  or  agreements,  arrangements  or  con- 
tracts with  other  carriers,  and  other  statistics  of  the  road 
and  its  transportation,  as  the  board  may  require;  and  it 
may  prescribe  uniformity  and  methods  of  keeping  ac- 
counts, as  near  as  may  be,  and  fix  a  time  when  such 
regulations  shall  take  effect.  The  board  may  also  re- 
quire of  any  and  all  common  carriers  subject  to  the  pro- 
visions of  this  chapter  such  other  reports,  and  fix  the 
time  for  filing  the  same,  as  in  its  judgment  shall  be  nec- 
essary and  reasonable,  which  reports  shall  be  in  such 
form,  and  concerning  such  subjects,  and  be  from  such 
sources  as  it  shall  direct,  except  as  otherwise  provided 
herein.  Any  corporation,  company  or  individual  owning 
or  operating  a  railway  within  the  State,  neglecting  or 
refusing  to  make  the  required  reports  by  the  date  fixed, 
or  fixed  by  the  board,  shall  be  subject  to  a  penalty  ot 
$100  for  each  and  every  day  of  delay  in  making  the 
same  after  the  date  thus  fixed. 

Extortion — Penalty.  §  2144.  If  any  railway  corporation 
cr  carrier  subject  to  the  provisions  of  this  chapter  si  all 
charge,  collect,  demand  or  receive  more  than  a  fair  ;  nd 
reasonable  rate  of  toll  or  compensation  for  the  trans]  or- 
tation  of  passengers  or  freight  of  any  description,  or  for 
the  use  and  transportation  of  any  railway  car  upon  its 
track  or  any  of  the  branches  thereof,  or  upon  any  r  lil- 
road  within  the  State  which  it  has  the  right,  license  or 
permission  to  use,  operate  or  control  or  shall  make  i  ny 
unjust  and  unreasonable  charge  prohibited  in  this  ch  ip- 
ter,  it  shall  be  deemed  guilty  of  extortion,  and  be  dfalt 
with  as  hereinafter  provided;  and  if  any  such  railrt  ad 
corporation  or  common  carrier  shall  be  found  guilty  of 
any  unjust  discrimination  as  defined  in  this  chapter,  it 
shall  upon  ccnviction  thereof,  be  dealt  with  as  here  in- 
after  provided. 

Discrimination — Punishment.  §  2145.  If  any  such  r;  il- 
way  corporation  shall  charge,  collect  or  receive  for  t  he 
transportation  of  any  passenger  or  freight  of  any  desci  p- 
tion  upon  its  railroad,  for  any  distance  within  the  Sta  e, 
a  greater  amount  of  toll  or  compensation  than  is  at  1  le 
same  time  charged,  collected  or  received  for  the  tra  is- 
portation  in  the  same  direction  of  any  passenger  or  1:  *e 
quantity  of-  freight  of  the  same  class,  over  a  greater  c  is- 
tance  of  the  same  railway;  or  it  it  shall  charge,  coll'  ct 
or  receive  at  any  point  upon  its  read  a  higher  rate  of 
toll  or  compensation  for  receiving,  handling  or  deliveri  ig 
freight  of  the  same  class  and  quantity  than  it  shall  at 
the  same  time  charge,  collect  or  receive  at  any  otl  er 
point  upon  the  same  railway;  or  if  it  shall  charge,  col- 
lect cr  receive  for  the  transportation  of  any  passenj  er 
or  freight  of  any  description  over  its  railway  a  grea  er 
amount  as  toll  or  compensation  than  shall  at  the  sa)ae 
time  be  charged,  collected  or  received  by  it  for  Itie 
transportation  of  any  passenger  or  like  quantity  of 
freight  of  the  same  class  being  transported  in  the  same 
direction  over  any  portion  of  the  same  railway  of  eq\  al 
distance;  or  if  it  shall  charge,  collect  or  receive  fn  m 
any  person  a  higher  or  greater  amount  of  toll  or  com- 
pensation than  it  shall  at  the  same  time  charge,  colli  ct 
or  receive  from  any  other  person  for  receiving,  handliig 
or  delivering  freight  of  the  same  class  and  like  quant  ty 
at  the  same  point  upon  its  railway;  or  if  it  shall  char;;e, 
collect  or  receive  from  any  person  for  the  transportati3n 
cf  any  freight  upon  its  railway  a  higher  or  greater  n  te 
of  toll  or  compensation  than  it  shall  at  the  same  time 
charge,  collect  or  receive  from  any  other  person  or  per- 
sons for  the  transportation  of  the  like  quanity  of  freight 
of  the  same  class  being  transported  from  the  same  point 
in  the  same  direction  over  equal  distances  of  the  same 
railway;  or  if  it  shall  charge,  collect  or  receive,  from 
any  person  for  the  use  and  transportation  of  any  rf.il- 
way  car  or  cars  upon  its  railroad  for  any  distance,  a 
greater  amount  of  toll  or  compensation  than  is  at  the 
same  time  charged,  collected  or  received  from  any  other 


Public  Service  Laws 


529 


person  for  the  use  and  transportation  of  any  railway  car 
of  the  same  class  or  number,  for  a  like  purpose,  being 
transported  in  the  same  direction  over  a  greater  dis- 
tance cf  the  same  railway;  or  if  it  shall  charge,  collect 
or  receive  from  any  person  for  the  use  and  transporta- 
tion of  any  railway  car  or  cars  upon  its  railway  a  higher 
or  greater  compensation  in  the  aggregate  than  it  shall 
at  the  same  time,  charge,  collect  or  receive  from  any 
other  person  for  the  use  and  transportation  of  any  rail- 
way car  or  cars  of  the  same  class  for  a  like  purpose,  be- 
ing transported  from  the  same  original  point  in  the  same 
direction,  over  an  equal  distance  of  the  same  railway;  all 
such  discriminating  rates,  charges,  collections  or  receipts, 
whether  made  directly  or  by  means  cf  any  rebate,  draw- 
back, or  other  shift  or  evasion,  shall  be  received  as 
prima  facie  evidence  of  the  unjust  discriminations  pro- 
hibited by  this  chapter;  and  it  shall  not  be  a  sufficient 
excuse  or  justification  thereof  on  the  part  of  said  railway 
corporation  that  the  station  or  point  at  which  it  shall 
charge,  collect  or  receive  less  compensation  in  the  aggre- 
gate for  the  transportation  of  such  passenger  or  freight, 
or  for  the  use  and  transportation  of  such  railway  car  the 
greater  distance  than  for  the  shorter  distance,  is  a  sta- 
tion or  point  at  which  there  exists  competition  with  an- 
other railway  or  other  transportation  line.  This  section 
shall  not  be  construed  so  as  to  exclude  other  evidence 
tending  to  shew  any  unjust  discrimination  in  freight  or 
passenger  rates.  The  provisions  of  this  section  shall  ap- 
ply to  any  railway,  the  branches  thereof,  and  any  road 
or  roads  which  any  railway  corporation  has  the  right, 
license  or  permission  to  use,  operate  cr  control,  wholly 
or  in  part,  within  this  State;  but  shall  not  be  so  con- 
strued as  to  prevent  railway  corporations  from  issuing 
commutation,  excursion  or  1,000-mile  tickets,  if  the  same 
are  issued  alike  to  all  applying  therefor. 

Discrimination  as  to  quantity.  §  2146.  No  such  com- 
mon carrier  shall  charge,  collect,  demand  or  receive  more 
for  transporting  a  car  of  freight  than  it  at  the  same  time 
charges,  collects,  demands  or  receives  per  car  for  several 
cars  of  a  like  class  of  freight  over  the  same  railway,  for 
the  same  distance,  in  the  same  direction;  nor  charge,  col- 
lect, demand  or  receive  more  for  transporting  a  ton  of 
freight  than  it  charges,  collects,  demands  or  receives  per 
ton  for  several  tons  of  freight  under  a  carload  of  a  like 
class  over  the  same  railway,  for  the  same  distance,  in 
the  same  direction;  nor  charge,  collect,  demand  or  re- 
ceive more  for  transporting  a  hundred  pounds  of  freight 
than  it  charges,  collects,  demands  or  receives  per  hun- 
dred for  several  hundred  pounds  of  freight,  under  a  ton, 
of  a  like  class,  over  the  same  railway,  for  the  same  dis- 
tance, in  the  same  direction;  and  all  such  discriminating 
rates,  charges,  collections  or  receipts,  whether  made  di- 
rectly or  by  means  of  any  rebate,  drawback,  or  other 
shift  or  evasion,  shall  be  received  as  prima  facie  evidence 
of  the  unjust  discrimination  prohibited  by  this  chapter; 
but  for  the  protection  and  development  of  any  new  in- 
dustry within  the  State,  such  railway  company  may  grant 
concessions  or  special  rates  for  any  agreed  number  of 
carloads,  which  rates  shall  first  be  approved  by  the  board 
of  commissioners,  and  a  copy  thereof  filed  in  its  office. 

Penalty  for  discrimination.  §  2147.  Any  such  corpora- 
tion guilty  of  extortion,  or  of  making  any  unjust  discrimi- 
nation as  to  passenger  or  freight  rates,  or  the  r^tes  for 
the  use  and  transportation  of  railway  cars,  or  in  receiv- 
ing, handling  or  delivering  freights,  shall,  upon  conviction 
thereof,  be  fined  in  any  sum  not  less  than  $1,000  nor 
more  than  $5,000  for  the  first  offense,  and  for  each  subse- 
quent offense  not  less  than  $5,000  nor  more  than  $10,000, 
— such  fine  to  be  imposed  in  a  criminal  prosecution  by 
indictment;  or  shall  be  subject  to  the  liability  prescribed 
In  the  next  succeeding  section,  to  be  recovered  as  therein 
provided. 

Forjelture.  §  2148.  Any  such  railway  corporation  guilty 
of  extortion,  or  of  making  any  unjust  discrimination  as 
to  passenger  or  freight  rates,  or  the  rates  for  the  use 
and  transportation  of  railway  cars,  or  in  receiving,  hand- 
ling or  delivering  freights,  shall  forfeit  and  pay  to  the 
State  not  less  than  $1,000  nor  more  than  $5,000  for  the 
first  offense,  and  not  less  than  $5,000  nor  more  than  $10,- 
000    for    each   subsequent   offense,    to    be    recovered    in    a 


civil  action  in  the  name  of  the  State;  and  the  release  from 
liability  or  penalty  provided  for  in  this  chapter  shall  not 
apply  to  a  criminal  prosecution  under  the  last  preceding 
section,  or  to  a  civil  action  under  this  section. 

Suits  iy  commissioners.  §  2149.  When  the  board  has 
reason  to  believe  that  any  railway  corporation  or  carrier 
subject  to  the  provisions  of  this  chapter  has  been  guilty 
of  extortion  or  unjust  discrimination,  it  shall  immediately 
cause  actions  to  be  commenced  and  prosecuted  against 
such  railway  corporations  or  carrier,  which  may  be  brought 
in  any  county  of  the  State  through  or  into  v/hich  the  line  of 
the  corporation  sued  may  extend,  and  it  may  on  behalf  of 
the  State  employ  counsel  to  assist  the  attorney-general  in 
conducting  such  actions.  No  actions  Ihus  commenced 
shall  be  dismissed  unless  they  and  the  attorney-general 
consent  thereto.  The  court  in  its  discretion  may  give 
preference  to  such  actions  over  all  other  business,  except- 
criminal  cases. 

Free  transportation  or  reduced,  rates.  §  2150.  Nothing 
in  this  chapter  shall  apply  to  the  transportation,  storage 
or  handling  of  property  free  or  at  reduced  rates  for  the 
United  States,  this  State,  or  municipal  governments,  by 
common  carriers,  nor  for  charitable  purposes,  or  to  and 
from  fairs  and  expositions  for  exhibition  thereat,  nor  for 
the  employes  thereof  or  their  families,  or  private  property 
or  goods  for  the  family  use  of  such  employes,  nor  from 
giving  reduced  rates  to  the  quartermaster-general  of  Iowa 
for  the  transportation  of  officers  or  enlisted  men  of  Iowa 
national  guard,  when  traveling  under  the  orders  of  the 
commander-in-chief,  or  to  ministers  of  religion,  nor  from 
giving  free  transportation  to  their  own  officers  and  em- 
ployes, and  their  families  dependent  upon  them,  for  sup- 
port, nor  to  persons  in  charge  of  live  stock  being  shipped, 
from  point  of  shipment  to  destination  and  return,  nor  to 
prevent  the  officers  of  any  railway  company  from  exchang- 
ing passes  or  tickets  with  other  railroad  companies  for 
their  officers  and  employes;  and  nothing  in  this  chapter 
shall  in  any  way  abridge  or  alter  the  remedies  now  ex- 
isting at  common  law  or  by  statute,  but  the  provisions 
thereof  are  in  addition  to  such  remedies. 

Commissioners  transported  free.  %  2151.  The  commis- 
sioners and  their  secretary  shall  be  carried  free,  while 
performing  thfeir  duties,  on  all  railroads  and  trains  in  the 
State,  and  may  take  with  them  experts  or  other  agents, 
whp  shall  be  carried  free. 

Joint  rates.  §  2152.  The  preceding  sections  of  this 
chapter  shall  not  be  construed  to  prohibit  the  making  of 
rates  by  two  or  more  railway  companies  for  the  transpor- 
tation of  property  over  two  or  more  of  their  respective 
lines  within  the  State;  and  a  less  charge  by  each  of  said 
companies  for  its  portion  of  such  joint  shipment  than  it 
charges  for  a  shipment  for  the  same  distance  wholly  over 
its  own  line  within  the  State  shall  not  be  considered  a 
violation  of  said  chapter,  and  shall  not  render  such  com- 
pany liable  to  any  of  the  penalties  thereof;  but  the  pro- 
visions of  this  section  shall  not  be  construed  to  permit 
railway  companies  establishing  joint  rates  to  make  thereby 
any  unjust  discrimination  between  the  different  shipping 
points  or  stations  upon  their  respective  lines  between 
which  joint  rates  are  established,  and  any  such  unjust 
discrimination  shall  be  punished  in  the  manner  and  by 
the  penalties  provided  by  this  chapter. 

Repeal — Joint  rates  over  connecting  lines.  §  2153  [aa 
amended  by  chapter  111,  Acts  of  1907].  Every  owner  or 
consignor  of  freight  to  be  transported  by  railway  from  any 
point  within  this  State  to  any  other  point  within  this  State 
shall  have  the  right  to  require  that  the  same  shall  be  trans- 
ported over  two  or  more  connecting  lines  of  railway,  to  bo 
transferred  at  the  connecting  point  or  points  without 
change  of  car  or  cars  if  in  carload  lots,  and  with  or  without 
change  of  car  or  cars  if  in  less  than  carload  lots,  whenever 
the  distance  from  the  place  of  shipment  to  destination,  both 
being  within  this  State,  is  less  over  two  or  more  connecting 
lines  of  railway  than  it  is  over  a  single  line  of  railway,  or 
where  the  initial  line  does  not  reach  the  place  of  destina- 
tion; and  it  shall  be  the  duty,  upon  the  request  of  any  such 
owner  or  consignor  of  freight,  made  to  the  initial  company, 
of  such  railway  companies  whose  lines  so  connect,  to  trans- 
port the  freight  without  change  of  car  or  cars  if  the  ship- 
ment be  in  a  carload  lot  or  lots,  and  with  change  of  car 
or  cars  if  it  be  in  less  than  carload  lots,  from  the  place  of 


530 


National  Association  of  Eailway  Commissioners 


shipment  to  destination,  wlienever  the  distance  from  the 
place  of  shipment  to  destination,  both  being  within  this 
State,  is  less  than  the  distance  over  a  single  line,  or  when 
the  initial  line  does  not  reach  the  point  of  destination,  for 
a  reasonable  joint  through  rate.  This  section  shall  apply 
to  interurban  railways  and  their  connection  with  ordinary 
steam  railways. 

Reasonable  through  rates — No  discrimination.  S  2154. 
When  shipments  of  freight  to  be  transported  between  dif- 
ferent points  within  the  State  are  required  to  be  carried 
by  two  or  more  railway  companies  operatin.g  connecting 
lines,  such  railway  companies  shall  transport  the  same  at 
reasonable  through  rates,  and  shall  at  all  times  give  the 
same  facilities  and  accommodations  to  local  or  State 
traffic  as  they  give  to  Interstate  trafBc  over  their  lines  of 
road. 

Repeal — Schedule  of  joint  rates.  §  2155  [as  amended  by 
chapter  11,  Acts  of  1907].  The  board  of  railroad  commis- 
sioners shall,  within  10  days  after  this  Act  talies  effect, 
notify  in  writing  every  railway  company  owning  or  operat- 
ing a  railway  within  this  State  that  it  will,  upon  a  day 
named  in  such  notice,  which  day  shall  not  be  more  than  30 
days  after  giving  said  notice,  take  up  for  investigation  the 
subject  of  establishing  joint  through  rates,  as  herein  pro- 
vided, between  the  railway  lines  in  this  State.  It  shall  also 
give  a  similar  notice  directed  "To  whom  it  may  concern," 
and  so  publish  the  same  that  it  will  have  general  circulation 
throughout  the  State.  All  corporations,  partnerships  and  per- 
sons interested  in  the  subject  may  present  themselves  at  the 
hearing  and  be  heard,  under  such  rules  and  regulations  as 
the  board  may  prescribe.  At  the  end  of  the  investigation, 
which  shall  be  carried  on  with  all  due  diligence,  the  said 
board  of  railroad  commissioners  shall  make  and  publish 
a  schedule  of  joint  through  railway  rates  for  such  traffic 
and  on  such  routes  as  in  its  judgment  the  fair  and  rea- 
sonable conduct  of  business  required  shall  be  done  by 
carriage  over  two  or  more  lines  of  railway,  and  will  pro- 
mote the  interests  of  the  people  of  this  State.  In  the 
making  th^eof,  and  in  changing,  revising  or  adding  to  the 
same,  the  board  shall  be  governed  as  nearly  as  may  be  by 
the  preceding  sections  of  this  chapter,  and  shall  take  into 
consideration,  among  other  things,  the  rates  established 
for  shipments  within  this  State  for  like  distances  over 
single  lines,  the  rates  charged  by  the  railway  companies 
operating  such  connecting  lines  for  joint  interstate  ship- 
ments, and  the  increased  cost,  if  any,  of  a  joint  through 
shipment  as  compared  with  a  shipment  over  a  single  line 
for  like  distances.  In  establishing  such  rates  for  ship- 
ments in  less  than  carload  lots,  in  cases  where  at  the 
connecting  point  or  points  in  the  line  of  shipment  the  con- 
necting railways  have  not  and  are  not  required  to  have 
a  common  station  or  stopping  place  for  loading  or  un- 
loading freight,  the  board  shall  make  such  lawful  regula- 
tions as  in  its  judgment  will  be  fair  and  just  respecting  the 
transportation  of  such  freight  from  the  usual  unloading 
place  of  one  railway  to  the  usual  loading  place  of  the 
other.  The  joint  through  rates  thus  established  shall  be 
promulgated  by  mailing  a  printed  copy  thereof  to  each 
railway  company  affected  thereby,  and  shall  go  into  effect 
within  10  days  after  they  are  so  promulgated;  and  from 
and  after  that  time  an  official  printed  schedule  thereof 
shall  be  prima  facie  evidence,  in  all  the  courts  of  this 
State,  that  the  rates  therein  fixed  are  just  and  reasonable 
for  the  joint  transportation  of  such  freight  between  the 
points  and  over  the  lines  described  therein.  The  said 
board  shall  deliver  a  printed  copy  of  said  schedule  to  any 
person  making  application  therefor.  The  share  of  any 
railway  company  of  any  joint  through  rate  shall  not  be 
construed  to  fix  the  charge  that  it  may  make  for  trans- 
portation for  a  similar  distance  over  any  part  of  its  line 
for  any  single  rate  shipment  or  the  share  of  any  other 
joint  rate.  The  board,  upon  such  reasonable  notice  as  it 
may  prescribe,  may,  upon  its  own  motion  or  upon  the  ap- 
plication of  any  person,  firm  or  corporation  interested 
therein,  revise,  change  or  add  to  any  joint  through  rates 
fixed  or  promulgated  hereunder;  and  any  such  revised, 
changed  or  added  joint  rates  shall  have  the  same  force 
and  effect  as  the  rate  or  rates  ori.ginally  established.  The 
said  board  is  empowered  to  authorize,  upon  proper  hear- 
ing, any  railway  company  whose  line  connects  the  point 
of  shipment  with  the  point  of  destination  but  requires  a 
longer  haul  than  the  joint  haul  over  which  a  joint  rate 


has  been  established,  to  charge  the  joint  rate  without  af- 
fecting the  charge  upon  any  other  part  of  its  line,  except 
that  the  charge  for  a  like  kind  of  property  must  not  be 
greater  for  a  shorter  than  for  a  longer  distance  over  its 
railroad,  all  of  the  shorter  haul  being  included  within  the 
longer.  This  section  shall  apply  to  interurban  railways 
and  their  connection  with  ordinary  steam  railways. 

Division  of  joint  rates.  §  2156.  Before  the  promulga- 
tion of  such  rates,  the  board  shall  notify  the  railroad  com- 
panies interested  of  the  schedule  of  joint  rates  fixed,  and 
give  them  a  reasonable  time  thereafter  to  agree  upon  a 
division  of  the  charges  provided  for  therein.  If  such  com- 
panies fail  to  agree  upon  a  division,  and  to  notify  the 
board  thereof,  it  shall,  after  a  hearing  of  the  companies 
interested,  decide  the  same,  taking  into  consideration  the 
value  of  terminal  facilities  and  all  the  circumstances  of 
the  haul,  and  the  division  so  determined  by  it  shall,  in  all 
controversies  or  actions  between  the  railway  companies 
interested,  be  prima  facie  evidence  of  a  just  and  reason- 
able division  thereof. 

Unreasonable  charges — Penalty.  §  2157.  Every  unj  jst 
and  unreasonable  charge  for  the  transportation  of  freight 
and  cars  over  two  or  more  railroads  in  this  State  is  pro- 
hibited, and  every  company  making  such  unreasonable  and 
unlawful  charges,  or  otherwise  violating  the  provisions  of 
this  chapter,  shall  be  punished  as  provided  in  this  chapi  er 
for  the  making  of  unreasonable  charges  for  the  transpor- 
tation of  freight  and  cars  over  a  single  line  of  railroad  by 
a  single  railway  company. 

Transportation — Conditions.  §  2157a.  On  and  after  May 
1,  1904,  common  carriers  of  live  stock,  in  carload  lots,  up  an 
receiving,  in  this  State,  for  shipment  one  or  more  carloads 
of  horses  or  mules  or  two  or  more  carloads  of  other  live 
stock,  shall,  upon  demand  of  the  owner  of  such  anim:  Is 
offered  for  shipment,  issue  to  such  owner,  or  the  actt  al 
agent  or  employe  of  such  owner,  without  other  considf  r- 
ation,  transportation  from  the  place  of  receiving  such  sh  p- 
ment  to  the  place  of  destination,  and  return,  such  trai  s- 
portation  to  be  limited  to  one  person  for  each  shipment,  is 
is  above  set  out.  When  a  single  shipment  aggregates  !  ix 
cars  or  more,  such  owner  shall  be  entitled,  on  demand,  is 
is  above  provided,  to  transportation  tor  one  additioi  al 
person,  such  additional  person  to  be  an  actual  agent  )r 
employe  of  such  owner,  and  such  common  carrier  shall  in 
like  manner  and  under  similai  conditions  issue  transpc  r- 
tation  for  one  person  to  destination  of  shipment  only  to 
the  shipper  of  one  carload  of  cattle,  hogs  or  sheep.  T  le 
return  transportation  herein  provided  for  is  to  be  del  v- 
ered,  upon  demand,  at  the  office  of  the  carrier  at  the  pla  ;e 
of  destination,  upon  proper  identification  of  the  person  io 
entitled  to  same,  and  shall  be  good  for  transportation  if 
presented  within  48  hours  from  the  time  of  the  delive  y 
of  such  shipment  at  place  of  destination. 

Penalty.  §  2157b.  Any  common  carrier  violating  t  le 
above  provisions  shall  forfeit  and  pay  to  the  owner  of  a  ly 
shipment,  as  is  above  provided,  three  times  the  amourit 
of  the  regular  fare  expended  by  such  owner  for  himse  If, 
or  his  agent,  in  going  from  point  of  shipment  to  point 
of  destination,  and  return,  of  a  shipment  of  stock  as  hert  in 
provided. 

Trespasser.  §  2157c.  Any  person  other  than  the  own  t, 
his  agent  or  employe,  as  is  described  in  §  1  hereof,  it- 
tempting  to  use,  or  using,  the  transportation  therein  p  o- 
vided  for,  shall  be  considered  a  trespasser  upon  the  traiaa 
or  premises  of  such  common  carrier. 

Water  closet  in  cabooses.  §  2157d.  That  the  cabooses  or 
cars  attached  to  such  stock  trains  and  in  which  the  hold<  rs 
of  such  transportation  are  required  to  ride  when  accom- 
panying such  live  stock  to  market,  shall  be  provided  with 
suitable  water  closets  for  the  use  of  such  persons  while  in 
transit,  provided  that  the  provisions  of  this  section  sh  ill 
not  go  into  effect  until  January  1,  1905,  and  that  all  such 
railroads  shall  be  allowed  until  said  time  to  comply  with 
the  requirements  of  this  section. 

Penalty.  §  2157e.  Any  railroad  in  this  State,  engaged 
in  the  transportation  of  live  stock,  and  failing  or  refusing 
to  comply  with  the  requirements  of  the  foregoing  section, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  c(m- 
viction  thereof,  shall  be  fined  not  less  than  $100  for  each 
day's  negligence  or  refusal  to  comply  therewith;   and  all 


Public  Service  Laws 


531 


moneys  so  collected  as  fines  shall  be  paid  into  the  public 
school  funds  of  the  State. 

Issuance  or  acceptance  of  free  passes — What  prohibited. 
g  2157f.  No  common  carrier  of  passengers  shall,  directly 
or  indirectly  issue,  furnish  or  give  any  free  ticket,  free  pass 
or  free  transportation  for  the  carriage  or  passage  of  any 
person  within  this  State  except  as  permitted  in  the  second 
section  hereof.  Nor  shall  any  common  carrier,  in  the  sale 
of  tickets  for  transportation  at  reduced  rates,  discriminate 
between  persons  purchasing  the  same,  except  the  persons 
described  in  the  second  section  of  this  Act.  Nor  shall  any 
person  accept  or  use  any  free  ticket,  free  pass  or  free 
transportation  except  the  persons  described  in  said  sec- 
tion. The  words  "free  ticket,"  "free  transportation,"  as 
used  in  this  Act,  shall  include  any  ticket,  pass,  contract, 
permit  or  transportation  issued,  furnished  or  given  to  any 
person,  by  any  common  carrier  of  passengers,  for  carriage 
or  passage,  for  any  other  consideration  than  money  paid 
in  the  usual  way  at  the  rate,  fare  or  charge  open  to  all 
who  desire  to  purchase. 

What  permitted.  §  2157g.  The  persons  to  whom  free 
tickets,  free  passes,  free  transportation  and  discriminating 
reduced  rates  may  be  issued,  furnished,  or  given  are  the 
following,  to-wit:  (a)  the  officers,  agents,  employes,  at- 
torneys, physicians  and  surgeons  of  such  common  carriers 
of  passengers  whose  chief  and  principal  occupation  is  to 
render  service  to  common  carriers  of  passengers;  (b)  to 
the  families  of  the  persons  included  in  subdivision  "a" 
hereof;  (c)  the  general  officers  of  any  such  common  car- 
rier; (d)  employes  on  sleeping  cars,  express  cars,  and 
linemen  of  telegraph  and  telephone  companies,  railway 
mail  service  employes,  postofflce  inspectors,  customs  in- 
spectors and  immigration  inspectors,  newsboys  on  trains, 
baggage  agents;  (e)  persons  injured  in  wrecks  and  physi- 
cians and  nurses  attending  such  persons;  (f)  passengers 
traveling  with  the  object  of  providing  relief  in  cases  of 
railroad  accident,  general  epidemic,  pestilence,  or  other 
calamitous  visitation:  (g)  necessary  caretakers  of  live 
stock,  vegetables  and  fruit,  including  return  transporta- 
tion to  forwarding  station;  (h)  the  officers,  agents  or  reg- 
ularly accredited  representatives  of  labor  organizations, 
composed  wholly  of  employes  of  railway  companies:  (i) 
Inmates  of  homes  for  the  reform  or  rescue  of  the  vicious 
or  unfortunate,  including  those  about  to  enter  and  those 
returning  home  after  discharge,  and  boards  of  managers, 
including  officers  and  superintendents  of  such  homes:  (j) 
superannuated  and  pensioned  employes  and  members  of 
their  families  and  widows  of  employes  who  die  while  in 
the  service  of  such  common  carriers;  (k)  employes 
crippled  and  disabled  in  the  service  of  a  common  carrier 
of  passengers;  (1)  policemen  and  firemen  of  any  city  wear- 
ing the  insignia  of  their  office  within  the  limits  of  such 
city;  (m)  ministers  of  religion,  traveling  secretaries  of 
railroad  young  men's  Christian  associations,  inmates  of 
hospitals  and  charitable  and  eleem.osynary  institutions, 
and  persons  exclusively  engaged  in  charitable  and  eleemo- 
synary work;  (n)  indigent,  destitute  and  homeless  per- 
sons, while  being  transported  by  charitable  societies  or 
hospitals,  and  necessary  aeents,  employes  in  such  trans- 
portation; (o)  school  children  to  and  from  public  or 
parochial  schools;  (p)  the  State  fish  and  game  warden, 
and  his  car  and  necessary  assistants  therewith,  when  en- 
gaged in  the  performance  of  official  duties. 

In  any  prosecution  under  this  Act  if  it  is  claimed  that 
a  free  ticket,  free  pass  or  other  transportation  was  wrong- 
fully issued  or  given  to  physicians  or  surgeons,  attorneys, 
agents,  emnloyes,  it  shall  be  incumbent  upon  the  defendant 
to  prove  the  character  of  the  service  rendered,  or  to  be 
rendered.  The  provisions  of  this  Act  shall  not  be  con- 
strued to  prohibit  the  interchange  of  passes  for  the  per- 
sons to  whom  free  tickets,  free  passes  or  free  transporta- 
tion may  be  furnished  or  given  under  the  provisions  of 
this  section.  Nothing  in  this  Act  shall  operate  to  repeal 
the  provisions  of  §  2150  of  the  code  so  far  as  said  section 
refers  to  the  members  of  the  national  guard,  nor  shall  it 
operate  to  repeal  §  2151  of  the  code.  Nothing  in  this  Act 
shall  be  construed  to  invalidate  any  existing  contract  be- 
tween a  street  railway  company  and  a  city  where  a  con- 
dition of  a  franchise  grant  requires  the  furnishing  of 
transportation  to  policemen,  firemen  and  city  officers  while 
in  the  performance  of  official  duties. 


Testimony — Immunity  from,  prosecution.  §  2157h.  No 
person,  within  the  purview  of  this  Act,  shall  be  privileged 
from  testifying  in  relation  to  anything  herein  prohibited, 
but  no  person  having  so  testified  shall  be  liable  to  any 
prosecution  or  punishment  for  any  offense  concerning 
which  he  was  required  to  give  his  testimony. 

Penalty.  §  21571.  Any  common  carrier,  its  officer,  agent 
or  representative  violating  any  of  the  provisions  of  this 
Act  shall  be  fined  in  a  sum  not  less  than  $100  and  not  more 
than  $1,000  for  each  offense,  or,  in  the  discretion  of  the 
court,  shall  be  imprisoned  in  the  county  jail  for  not  less 
than  30  and  not  more  than  90  days;  and  any  person  other 
than  the  persons  excepted  in  the  second  section  of  this 
Act,  who  accepts  or  uses  any  free  ticket,  free  pass  or  free 
transportation  for  carriage  or  passage  within  this  State, 
shall  be  subject  to  a  like  penalty. 

Names  of  free  pass  beneficiaries  reported.  §  2157j.  Every 
common  carrier  of  passengers  within  the  provisions  of  this 
Act  shall  on  or  before  the  first  day  of  February  of  each 
year  file  with  the  executive  council  of  the  State  of  Iowa 
a  sworn  statement  showing  the  names  of  all  persons  within 
this  State  to  whom,  during  the  preceding  calendar  year,  it 
issued,  furnished  or  gave  a  free  ticket,  free  pass,  free 
transportation  or  a  discriminating  reduced  rate,  except 
wage  earners  of  common  carriers  in  their  ordinary  em- 
ployment and  families  of  such  wa.ge  earners,  and  disclos- 
ing such  further  information  as  will  enable  the  council  to 
determine  whether  the  person  to  whom  it  was  issued,  was 
within  the  exception  of  this  Act. 


WEIGHING   COAL  ON   TRACK   SCALES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Amended.     §  1.     That  chapter  7,  title  ten,  of  the  code, 
be,  and  the  same  is  hereby  amended  by  adding  thereto  the 
following: 

"Track  scales — Where  located— Weight  certificates. 
§  21571.  That  every  person,  firm  or  corporation  engaged  in 
operating  any  railroad  within  the  State  of  Iowa  shall  equip 
the  line  of  its  track  and  thereafter  maintain  thereon  in 
good  order,  track  scales  of  sufficient  capacity  to  weigh  all 
carloads  of  coal  that  may  be  transported  over  the  said 
railroad,  and  shall  weigh  the  same  at  the  request  of  any 
owner,  consignor  or  consignee  of  such  commodities,  and 
furnish  written  certificates  of  such  weights  to  such  owner, 
consignor  or  consignee  as  hereinafter  provided.  Such 
track  scales  shall  be  so  installed  and  maintained  at  all 
division  stations  along  the  line  of  such  railroads  within 
the  State  of  Iowa,  and  at  such  other  stations  as  the  board 
of  railroad  commissioners  shall  from  time  to  time  direct. 

"Weighing  of  coal  at  point  where  shipment  originates. 
§  2157m.  That  every  person,  firm  or  corporation  engaged 
in  operating  any  railroad  within  the  State  of  Iowa,  over 
which  coal,  in  carload  lots  shall  be  transported  for  hire, 
shall  weigh  such  coal  at  point  where  such  shipment  orig- 
inates unless  covered  by  weight  agreement  between  con- 
signor and  railway  company,  provided  such  point  is 
equipped  with  track  scales.  ^  not  so  equipped,  it  shall  be 
weighed  at  first  practicable  point  en  route  where  track 
scales  are  provided.  Said  person,  firm  or  corporation  shall 
furnish  to  said  shipper  a  bill  of  lading  showing  date  and 
place  weighed,  also  the  gross,  tare  and  net  weight  for 
each  carload  of  coal  so  weighed.  The  tare  weight  shall  be 
determined  by  using  actual  weight  of  empty  ear  at  loading 
station,  provided  track  scales  are  maintained  at  such  point. 

"Weighed  at  destination  upon  request — Fee.  §  2157n. 
Such  coal  shall  be  weighed  at  destination  upon  request  of 
consignee  when  there  are  track  scales  at  such  point.  If 
not  equipped  with  track  scales  at  such  point,  then  at  near- 
est practicable  point  en  route  where  such  scales  are  main- 
tained and  certificate  of  weight  showing  actual  gross,  tare 
and  net  weights,  shall  be  furnished  to  consignee  and  set- 
tlement of  freight  charges  based  on  these  weights.  A  rea- 
sonable charge  of  not  more  than  $1.00  per  car  may  be  made 
for  such  weighing  on  request. 

"How  weighed.  §  2157o.  Cars  when  weighed  on  track 
scales  shall  be  uncoupled,  clear  and  unhampered  at  both 
ends,  carefullly  weighed  by  competent  weighmen  and  cer- 
tificates issued  upon  request  of  consignees,  showing  gross, 
tare  and  net  weights. 


532 


National  Association  of  Eailway  Commissioners 


"Prima  facie  evidence.  §  2157p.  Certificates  mentioned 
In  this  Act  shall  be  prima  facie  evidence  of  the  facts 
therein  recited  In  any  action  arising  between  consignors 
and  consignees  and   common  carriers. 

"Penalty.  §  2157q.  Any  common  carrier  operating  in 
this  State  violating  any  of  the  provisions  of  this  Act  by 
neglecting  or  refusing  to  weigh  cars  or  to  furnish  certifi- 
cates of  weights  as  herein  provided  shall  be  guilty  of  a 
misdemeanor  and  shall  be,  upon  conviction  thereof,  fined 
in  the  sum  of  not  more  than  $125  for  each  and  every 
violation." 

Approved  April  6,  A.  D.  1907. 


EEBILMXG   IN    TRANSIT. 

Be  it  enacted  hy  the  general  assembly  of  the  State  of  Iowa: 
Reconsignment  without  charge.  §  2157r.  Upon  request 
of  the  consignee,  it  shall  be  the  duty  of  any  common  car- 
rier of  freight  to  reconsign,  re-bill  and  re-ship  from  any 
place  of  destination  within  the  State  to  any  other  place 
within  the  State  any  property  in  carload  lots,  whether  ac- 
companied by  any  person  or  not,  brought  to  said  place  of 
destination  over  its  own  or  other  line  and  treat  the  same 
in  all  respects  as  an  original  shipment  between  such  places, 
provided  the  charges  to  first  place  of  destination  are  paid 
or  secured  to  the  satisfaction  of  such  company.  (32  G.  A.) 
Approved  April  2,  A.  D.  1907. 

SPEED  OF  FREIGHT   CABS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Duty  of  carriers.  §  2157s.  That  it  is  hereby  made  the 
duty  Of  all  common  carriers  of  freight  withtn  this  State 
to  move  cars  of  live  stock  at  the  highest  practical  speed 
consistent  with  reasonable  safety,  and  the  reasonable 
movement  of  its  general  traffic. 

Commission  to  investigate,  etc.  §  2157t.  In  order  to 
enforce  the  duty  prescribed  in  §  1,  the  board  of  railroad 
commissioners  shall  immediately  and  from  time  to  time 
investigate  the  practice  of  the  common  carrier  with  re- 
spect to  the  movement  of  live  stock;  and  if  it  ascertains 
at  any  time  that  the  common  carriers  or  any  of  them  are 
not  moving  cars  of  live  stock  with  proper  speed,  then  upon 
notice  to  any  such  common  carrier  or  carriers,  the  said 
board  shall  prescribe  the  speed  at  which  and  the  conditions 
under  which  cars  of  live  stock  shall  be  moved  within  this 
State  by  any  such  carrier  or  carriers.  The  order  shall 
specify  the  time  at  which  it  shall  go  into  effect,  which  shall 
be  as  soon  as,  in  the  judgment  of  the  board,  the  carriers 
or  carrier  affected  can,  with  reasonable  diligence  readjust 
Its  or  their  time  tables.  The  power  to  prescribe  the  speed 
and  determine  conditions  for  the  movement  of  cars  of  live 
stock  within  this  State  is  hereby  expressly  conferred  upon 
the  said  board  of  railroad  commissioners. 

Order — How  enforced.  2157u.  Any  order,  ruling  or 
regulation  made  by  the  board  under  this  Act  shall  be  en- 
forcible  as  provided  in  §  2119  of  the  code. 

When  in  effect.  2157v.  This  Act,  being  deemed  of  im- 
mediate importance,  shall  take  effect  upon  its  publication 
In  the  Register  and  Leader  and  the  Des  Moines  Capital, 
newspapers  published  at  Des  Moines,  Iowa. 

Approved  April  10,  A.  D.  1907. 

SALE  and  redemption  OF  TICKETS. 

Common  carriers  to  redeem  tickets.  §  1.  It  shall  be 
the  duty  of  every  railroad  company,  corporation,  person  or 
persons  acting  as  common  carriers  of  passengers  in  the 
State  of  Iowa,  to  provide  for  the  redemption,  at  the  place 
of  purchase  and  at  the  general  passenger  agent's  office 
of  said  carrier  of  the  whole  or  any  integral  part  of  any 
passenger  ticket  or  tickets  that  such  carrier  may  have 
sold,  as  the  purchaser  or  owner  has  not  used  for  passage 
or  received  transportation  for  which  such  ticket  should 
have  been  surrendered;  and  said  carrier  shall  there  re 
deem  the  same  at  a  rate  which  shall  equal  the  difference 
between  the  price  paid  for  the  whole  ticket  and  the  cost 
of  a  ticket  between  the  points  for  which  said  ticket  has 
been  actually  used,  and  no  carrier  shall  limit  the  time  in 
which  redemption  shall  be  made  to  less  than  10  days  from 


date  of  sale  at  the  place  of  purchase  and  six  months  from 
sale  at  general   passenger-  agent's  office. 

Notice  posted.  §  2.  No  railroad  company,  corporation, 
person  or  persons  doing  business  in  the  State  of  Iowa, 
as  common  carrier  of  passengers,  whose  rate  of  fare  is 
regulated  by  statute  of  this  State,  shall  sell  or  issue  to 
any  person  at  the  maximum  rate  allowed  by  law,  any  ticket 
or  tickets  bearing  any  condition  or  limitation  as  to  the  time 
of  use,  or  as  to  transferability,  without  first  providing  for 
the  redemption  of  said  ticket,  as  directed  by  the  preceding 
section  hereof,  and  also  having  notice  of  such  provision 
and  privilege  of  redemption  conspicuously  posted  at  each 
place  where  sales  of  tickets  are  made  by  such  common 
carriers  in  this  State.  A  failure  to  provide  for  the  re- 
demption of  such  ticket  or  to  give  notice  as  above  provided 
shall  make  all  conditions  and  limitation  as  to  time  of  use 
or  transferability  of  no  force  or  effect. 

Penalty.  §  3.  Any  railroad  company,  corporation,  per- 
son or  persons,  who  as  common  carriers  shall  sell  or  issua 
tickets  as  set  forth  in  the  preceding  sections,  and  shall 
refuse  or  neglect  to  redeem  the  same,  as  by  said  sections 
provided,  within  10  days  ot  date  of  demand,  shall  forfeit 
and  pay  to  the  owner  of  such  ticket  the  purchase  price  of 
said  ticket,  and  the  further  sum  of  $100. 

Mileage  books.  §4.  Nothing  in  this  Act  shall  prohibi'- 
the  sale  of  mileage  books  or  tickets,  at  less  than  the  maxi- 
mum rates  allowed  by  law,  bearing  reasonable  conditlon^t] 
of  limitation  as  to  the  right  of  use  for  passage. 

Approved  April  4,  1900. 


CHAPTER  VIII. 

OF   TELEGRAPH    AND    TELEPHONE   LINES. 

Right  of  way.  §  2158.  Any  person  or  firm,  and  any 
poration  organized  for  such  purpose,  within  or  without  tfii 
State,  may  construct  a  telegraph  or  telephone  line  aloni 
the  public  roads  of  the  State,  or  across  the  rivers  or  ovei 
any  lands  belonging  to  the  State  or  any  private  individual 
and  may  erect  the  necessary  fixtures  therefor.  When  anj 
road  along  which  said  line  has  been  constructed  shall  b< 
changed,  the  person,  firm  or  corporation  shall,  upon  9( 
days'  notice  In  writing,  remove  said  lines  to  said  road  a; 
established.  The  notice  may  be  served  upon  any  agen 
or  operator  in  the  employ  of  such  person,  firm  or  cor 
poration. 

How  constructed.  §  2159.  Such  fixtures  shall  not  be  S( 
constructed  as  to  incommode  the  public  in  the  use  ot  anj 
road  or  the  navigation  of  any  stream;  nor  shall  they  b« 
set  up  on  the  private  grounds  of  any  individual  withoul 
paying  him  a  just  equivalent  for  the  damage  he  therebj 
sustains. 

Damages  assessed.  §  2160.  If  the  person  over  whos( 
lands  such  telegraph  or  telephone  line  passes  claims  mon 
damages  therefor  than  the  proprietor  of  such  line  is  will 
Ing  to  pay,  the  amount  thereof  may  be  determined  in  th< 
same  manner  as  provided  for  taking  private  property  h 
works  of  internal  improvement. 


M 


Liability  for  refusing  to  transmit  messages.  §  2161. 
the  proprietor  of  any  telegraph  or  telephone  line  within  th< 
State,  or  the  person  having  the  control  and  management 
thereof,  refuses  to  furnish  equal  facilities  to  the  public  am 
to  all  connecting  lines  for  the  transmission  of  communi 
cations  in  accordance  with  the  nature  of  the  business 
which  it  undertakes  to  carry  on,  or  to  transmit  the  sam< 
with  fidelity  and  without  unreasonable  delay,  the  law  ii 
relation  to  limited  partnerships,  corporations,  and  to  th( 
taking  of  private  property,  for  works  of  internal  Improve 
ment,  shall  not  longer  apply  to  them,  and  property  taker 
for  the  use  thereof  without  the  consent  of  the  owner  may. 
be  recovered  by  him. 

Penalty.  §  2162.  Any  person  employed  in  transmittin; 
messages  by  telegraph  or  telephone  must  do  so  witl 
fidelity  and  without  unreasonable  delay,  and  if  anyono 
wilfully  fails  thus  to  transmit  them,  or  intentionally  trans- 
mits a  message  erroneously,  or  makes  known  the  content!! 
of  any  message,  sent  or  received  to  any  person  except  him 
to  whom  it  is  addressed,  or  his  agent  or  attorney,  or 
wilfully  and  wrongfully  takes  or  receives  any  telegraph  or 
telephone  message,  he  is  guilty  of  a  misdemeanor. 


Public  Service  Laws 


533 


Liable  for  mistakes.  §  2163.  The  proprietor  of  a  tele- 
graph or  telephone  line  is  liable  for  all  mistakes  in  trans- 
mitting or  receiving  messages  made  by  any  person  in  his 
employment,  or  for  any  unreasonable  delay  in  their  trans- 
mission or  delivery,  and  for  all  damages  resulting  from 
failure  to  perform  the  foregoing  or  any  other  duty  required 
by  law,  the  provisions  of  any  contract  to  the  contrary 
notwithstanding. 

Negligence  presumed — Notice  of  claim.  §  2164.  In  any 
action  against  any  telegraph  or  telephone  company  for 
damages  caused  by  erroneous  transmission  of  a  message, 
or  by  unreasonable  delay  in  delivery  of  a  message,  negli- 
gence on  the  part  of  the  telegraph  or  telephone  company 
Bhall  be  presumed  upon  proof  of  erroneous  transmission  or 
of  unreasonable  delay  in  delivery,  and  the  burden  of  proof 
that  such  error  or  delay  was  not  due  to  negligence  upon 
Its  part  shall  rest  upon  such  company;  but  no  action  for 
the  recovery  of  such  damages  shall  be  maintained  unless 
a  claim  therefor  is  presented  in  writing  to  such  company, 
officer  or  agent  thereof,  within  60  days  from  time  cause 
of  action  accrues. 

CHAPTER  IX. 

OF  EXPRESS    COMPANIES. 

Sections  2165  and  2166  of  the  Code  were  repealed  and 
the  following  six  paragraphs  enacted  by  chapter  116  of  the 
Acts  of  1907: 

Suliject  to  regulations.  §  2165a.  All  express  companies 
operating  and  doing  business  in  this  State  are  declared  to 
be  common  carriers,  and  it  shall  be  the  duty  of  every  such 
express  company  or  common  carrier  to  transport  all  prop- 
erty, parcels,  money,  merchandise,  packages  and  other 
things  of  value  which  may  be  offered  to  them  for  trans- 
portation, at  a  reasonable  charge  or  rate  therefor;  and  all 
laws  so  far  as  applicable,  now  in  force  or  hereafter  enacted, 
regulating  the  transportation  of  property  by  railroad  com- 
panies, shall  apply  with  equal  force  and  effect  to  express 
companies. 

Supervision  by  railroad  commissioners — Schedule  of 
joint  rates.  §  2165b.  The  railroad  commissioners  of  this 
State  shall  have  general  supervision  of  all  express  com- 
panies operating  and  doing  business  in  this  State;  and 
shall  inquire  into  any  unjust  discrimination,  neglect  or 
violation  of  the  laws  of  this  State  governing  common  car- 
riers, by  any  express  company  doing  business  therein,  or 
by  the  officers,  agents  or  employes  thereof;  and  they  shall 
have  power  and  it  shall  be  their  duty  to  fix  and  establish 
reasonable,  fair  and  just  rates  of  charges.  Including  a 
schedule  of  maximum  joint  rates  for  each  kind  or  class 
of  property,  money,  parcels,  merchandise,  packages  and 
other  things  to  be  charged  for  and  received  by  each  ex- 
press company  or  carriers  by  express,  separately  or  con- 
jointly, on  all  such  property,  money,  parcels,  merchandise, 
packages  and  other  things,  which  by  the  contract  of  car- 
riage are  to  be  transported  separately  or  conjointly  by 
such  express  companies,  or  carriers  by  express,  doing  busi- 
ness over  the  line  of  any  railroad  or  other  carrier  between 
points  wholly  within  the  State  of  Iowa,  which  rates  or 
charges  shall  be  made  to  apply  to  all  such  express  com- 
panies or  express  carriers,  and  may  be  changed  or  modi- 
fied by  said  commissioners  from  time  to  time  in  such  man- 
ner as  may  become  necessary. 

Schedule  of  rates  for  each  company — Prima  facie  evi- 
dence. §  2165c.  Within  six  months  from  the  taking  effect 
of  this  Act,  it  shall  be  the  duty  of  said  railroad  commis- 
sioners, and  they  are  hereby  directed,  to  prepare  and  make 
for  each  express  company  doing  business  in  this  State  a 
schedule  of  reasonable  maximum  charges  of  rates  for  trans- 
porting property,  money,  parcels,  merchandise,  packages 
and  other  things  carried  by  such  express  company  or 
companies  between  points  wholly  within  the  State  of 
Iowa;  and  in  all  actions  brought  against  such  common  car- 
riers wherein  there  are  involved  the  charges  thereof  for 
the  transportation  of  any  property,  or  any  unjust  discrimi- 
nation in  relation  thereto,  the  schedules  or  reasonable 
maximum  rates  of  charges  so  made  by  the  railroad  com- 
missioners shall  be  taken  as  prima  facie  evidence  in  all 
courts  that  the  rates  fixed  therein  are  reasonable  and  just 
maximum  rates  of  charges  for  which  said  schedules  have 
been  prepared. 


Printed  schedules  posted  and  displayed.  §  2165d.  It 
shall  be  the  duty  of  every  such  company  or  common  car- 
rier engaged  in  transporting  property,  money,  parcels, 
merchandise,  packages  and  other  things,  to  print  in  clear 
and  legible  type  the  schedules  of  rates  for  transportation 
of  such  property,  money,  parcels,  merchandise,  packages 
and  other  things,  so  made  by  such  railroad  commissioners, 
and  shall  post  in  each  of  its  oflices  or  places  of  business 
where  patrons  visit  for  the  purpose  of  making  and  receiv- 
ing shipments,  and  keep  displayed  in  each  ofiice  or  place 
of  business  within  convenient  access,  and  for  the  in- 
spection and  use  of  the  public  during  customary  business 
hours,  such  printed  schedule  of  rates  of  charges  and  any 
amendments  thereto,  and  shall  also  post  and  display  in 
similar  manner  any  special  rules  and  regulations  which 
may  be  promulgated  l)y  them  or  said  railroad  commission- 
ers for  the  information  of  their  patrons. 

Excessive  compensation — Penalty.  §  2165e.  It  shall  be 
unlawful  for  any  express  company  or  common  carrier  to 
charge,  demand,  collect  or  receive  a  greater  compensation 
for  such  transportation  of  property,  or  for  any  service  in 
connection  therewith  between  the  points  named  in  such 
schedules  than  the  rates  and  charges  which  are  specified  in 
the  schedules  made  by  said  railroad  commissioners  and 
in  effect  at  the  time.  Any  such  express  company  or  com- 
mon carrier,  any  officer,  representative,  or  agent  or  any 
express  company,  or  carrier,  who  knowingly  violates  the 
provisions  of  this  Act  shall  forfeit  to  the  State  of  Iowa 
the  sum  of  $500  for  each  offense,  to  be  recovered  as  by 
law  provided. 

Refusal  to  transport — Liable  for  damages^Penalty. 
§  2165f.  Each  and  every  express  company  or  carrier  by 
express,  as  herein  defined,  doing  business  within  the  State 
of  Iowa,  shall  at  all  convenient  times  during  the  hours  of 
business,  accept  and  receive  for  prompt  transportation  and 
shipment  destined  to  points  on  their  own  line,  or  to  points 
on  the  lines  of  other  express  companies  operating  within 
the  State,  or  for  points  beyond  said  State,  all  property, 
parcels,  money,  merchandise,  packages  and  other  things 
of  value  which  may  be  offered  to  them,  or  either  of  them, 
for  transportation  by  the  public,  and  any  express  company 
or  other  common  carrier  refusing  to  transport  goods  as 
above  provided,  taking  the  same  in  the  order  presented, 
shall  be  liable  to  the  party  injured  for  damages  sustained 
by  reason  of  its  refusal,  and  in  addition  thereto  shall  be 
liable  to  a  penalty  of  not  less  than  $5  nor  more  than 
fSOO,  to  be  recovered  in  each  case  by  the  owner  of 
the  goods  in  any  court  having  jurisdiction  in  the  county 
where  the  wrong  is  done,  or  wherq  the  common  carrier 
resides  or  has  an  agent,  and  each  case  of  refusal  shall  be 
construed  as  a  separate  offense  under  Ibis  Act. 

• 
TITLE  XII,  CHAPTER  VI. 

OF    INTOXICATING    LIQUORS.  ' 

Transportation,  intoxicating  liquors,  by  permit  holder. 
§  2396.  Every  permit  holder  is  hereby  authorized  to  ship 
to  registered  pharmacists  and  manufacturers  of  proprie- 
tary medicines,  intoxicating  liquors  to  be  used  by  them 
for  the  purpose  authorized  by  law.  All  railway,  trans- 
portation and  express  companies  and  other  common  car- 
riers are  authorized  to  receive  and  transport  the  same 
upon  presentation  of  a  certificate  from  the  clerk  of  the 
District  or  Superior  Court  of  the  county  where  the  permit 
holder  resides,  that  such  person  is  permitted  to  ship  In- 
toxicating liquors  under  the  law  of  this  State. 

Transportation  to  one  not  holding  permit.  §  2419.  If 
any  express  or  railway  company,  or  any  common  carrier, 
or  person,  or  anyone  as  the  agent  or  employe  thereof, 
shall  transport  or  convey  to  any  person  within  this  State 
any  intoxicating  liquors,  without  first  having  been  fur- 
nished with  a  certificate  from  the  clerk  of  the  court 
issuing  the  permit,  showing  that  the  consignee  is  a  permit 
holder  and  authorized  to  sell  liquors  in  the  county  to  which 
the  shipment  is  made,  such  company,  common  carrier, 
person,  agent  or  employe  thereof,  shall,  upon  conviction, 
be  fined  in  the  sum  of  $100  for  each  offense  and  pay  the 
costs  of  prosecution,  including  a  reasonable  attorney's 
fee  to  be  taxed  by  the  court.  The  offense  herein  created 
shall  be  held  committed  and  complete  and  to  have  bean 
committed  in  any  county  in  the  State  in  which  the  liquors 
are  received  for  transportation,  through  which  they  are 


534 


National  Association  of  Railway  Commissioners 


transported,  or  in  which  they  are  delivered.  The  defend- 
ant in  a  prosecution  under  this  section  may  show  by  a  pre- 
ponderance of  the  evidence  as  a  defense  that  the  char- 
acter, circumstances  and  contents  of  the  shipment  were 
not  known  to  him,  or  that  the  person  lo  whom  the  ship- 
ment was  made  had  complied  with  the  provisions  of  this 
chapter  relating  to  the  mulct  tax. 

False  statements.  §  2420.  If  any  person,  for  the  pur- 
pose of  procuring  the  shipment,  transportation  or  convey- 
ance of  any  intoxicating  liquors  within  this  State,  shall 
make  to  any  company,  corporation  or  common  carrier,  or 
to  any  agent  thereof,  or  other  person,  any  false  statement 
as  to  the  character  or  contents  of  any  box,  barrel  or  other 
vessel  or  package  containing  such  liquors;  or  shall  refuse 
to  give  correct  and  truthful  information  as  to  the  con- 
tents of  any  such  box,  barrel  or  other  vessel  or  package  so 
sought  to  be  transported  or  conveyed;  or  shall  falsely 
mark,  brand  or  label  such  box,  barrel  or  other  vessel  or 
package  in  order  to  conceal  the  fact  that  the  same  con- 
tains intoxicating  liquors,  for  the  purposes  aforesaid;  or 
shall  by  any  device  or  concealment  procure  or  attempt  to 
procure  the  conveyance  or  transportation  of  such  liquors 
as  herein  prohibited,  he  shall,  upon  conviction,  be  fined 
for  each  offense  $100  and  costs  of  prosecution,  and  the 
costs  shall  include  a  reasonable  attorney  fee  to  be  taxed 
by  the  court,  which  shall  be  paid  into  the  county  fund, 
and  be  committed  to  the  county  Jail  until  such  fine  and 
costs  are  paid.  Any  peace  officer  of  the  county  under 
process  or  warrant  to  him  directed  shall  have  the  right  to 
open  any  box,  barrel  or  other  vessel  or  package  for  ex- 
amination, if  he  has  reasonable  ground  for  believing  that 
it  contains  intoxicating  liquors,  either  before  or  while  the 
same  is  being  so  transported  or  conveyed. 

Packages  laheled.  §  2421.  It  shall  be  unlawful  for  any 
common  carrier  or  other  person  to  transport  or  convey  by 
any  means  within  this  State,  any  intoxicating  liquors, 
unless  the  vessel  or  other  package  containing  such  liquors 
shall  be  plainly  and  corectly  labeled  or  marked,  showing 
the  quantity  and  kind  of  liquors  contained  therein,  as  well 
as  the  name  of  the  party  to  whom  they  are  to  be  delivered. 
And  no  person  shall  be  authorized  to  receive  or  keep  such 
liquors  unless  the  same  be  marked  or  labeled  as  herein  re- 
quired. The  violation  of  any  provision  of  this  section  by 
any  common  carrier,  or  any  agent  or  employe  of  such  car- 
rier, or  by  any  other  person,  shall  be  punished  the  same 
as  provided  in  the  second  preceding  section,  and  liquors 
conveyed  or  transported  or  delivered  without  being  marked 
or  labeled  as  herein  required,  whether  in  the  hands  of  the 
carrier  or  someone  to  whom  they  shall  have  been  delivered, 
shall  be  subject  to  seizure  and  condemnation,  as  liquors 
kept  for  illegal  sale. 

Penalty — Damages— Transporting  oils — Use  of  oils  for 
lighting  passenger  corf.  §  2508.  If  any  person,  company 
or  corporation,  or  agent  thereof,  shall  sell,  or  attempt 
to  sell,  any  product  of  petroleum  for  illuminating  pur- 
poses, which  has  not  been  inspected  and  branded  as  in 
this  chapter  provided,  or  shall  falsely  brand  any  barrel  or 
package  containing  such  petroleum  product,  or  shall  refill 
with  products  of  petroleum  barrels  or  packages  having  the 
inspector's  brand  thereon,  without  erasing  such,  brand  and 
having  the  contents  thereof  inspected,  and  the  barrel  or 
package  rebranded,  or  shall  purchase,  sell  or  dispose  of  any 
empty  barrel  or  package  without  thoroughly  removing  the 
inspection  brand,  or  shall  knowingly  or  negligently  sell, 
or  cause  to  be  sold,  or  shall  use  or  cause  to  be  used,  anj- 
product  of  petroleum  mentioned  in  this  chapter  not  in- 
spected and  tested,  except  as  otherwise  authorized  herein; 
or  if  any  person  shall  adulterate  with  any  substance  for 
the  purpose  of  sale  or  use  any  product  of  petroleum  to 
be  used  for  illuminating  purposes  in  such  a  manner  as  to 
render  it  dangerous,  or  shall  sell  or  offer  for  sale,  or  use 
any  product  of  petroleum  for  illuminating  purposes  which 
will  emit  a  combustible  vapor  at  a  temperature  of  less 
than  105  degrees,  standard  Fahrenheit  thermometer,  closed 
test,  except  as  otherwise  provided  in  this  section  for 
illuminating  railway  cars,  boats  and  public  conveyances, 
and  except  that  the  gas  or  vapor  thereof  shall  be  generated 
in  closed  reservoirs  outside  the  building  to  be  lighted 
thereby,  and  except  the  lighter  products  of  petroleum  at  a 
specific  gravity  of  not  less  than  70  nor  more  than  75  de- 
grees, when  used  in  the  Welsbach  hydro-carbon  incan- 
descent lamp,  and  for  street  light  by  street  lamps,  or  if 


any  common  carrier  shall  receive  for  transportation  or 
transport  in  the  State,  as  freight,  any  oil  or  fluid,  whether 
composed  wholly  or  in  part  of  petroleum  or  its  products, 
or  of  any  substance  which  will  Ignite  at  a  temperature  of 
300  degrees,  Fahrenheit  thermometer  open  test;  or  if  any 
such  carrier  of  passengers  shall  burn  any  oil  or  fluid  which 
will  ignite  at  a  temperature  of  300  degrees,  for  lighting  any 
lamp,  vessel  or  fixture  of  any  kind  in  any  railway  pas- 
senger, baggage,  mail  or  express  car  or  boat  or  street  rail- 
way car,  stage  coach,  or  other  means  of  public  conveyance; 
or  if  any  inspector  shall  falsely  brand  any  barrel  or  pack- 
age, or  shall  practice  any  fraoid  or  deceit  in  office,  or  be 
guilty  of  any  official  misconduct  or  culpable  negligence 
to  the  injury  of  another,  or  shall  deal  or  have  any  pecuni- 
ary interest,  directly  or  indirectly,  in  any  oils  or  fluids  sold 
for  illuminating  purposes  while  holding  such  office,  he  or 
such  person,  company,  corporation  or  agent  shall  be  liable 
in'  a  civil  action  for  all  damages  which  may  be  sustained 
on  account  thereof,  and  such  inspector  shall  be  fined  in  a 
sum  not  less  than  $10  nor  more  than  $1,000,  or  imprisoned 
in  the  county  jail  not  exceeding  six  months,  or  be  pun- 
ished by  both  fine  and  imprisonment. 


CHAPTER  XI  I. 


OF    THE    INSPECTION    OF   PASSENGER    BOATS. 


1 


Inspectors.  §  2511.  The  governor  shall  appoint  one  or 
more  suitable  persons  as  inspectors  of  passenger  boats,  to 
hold  oflSce  for  two  years  from  the  first  Monday  in  May  in 
each  even-numbered  year,  unless  sooner  removed,  v  ho 
shall  qualify  by  taking  an  oath,  to  be  indorsed  upon  he 
certificate  of  appointment,  faithfully  and  honestly  to  (iis- 
charge  the  duties  of  the  office. 

Certificates — Fees.  §  2512.  Any  Inspector,  on  the  re- 
quest of  the  owner,  agent  or  master  of  any  boat  other 
than  rowboat,  upon  the  inland  waters  of  the  State,  hav  ng 
a  carrying  capacity  of  five  or  more  passengers,  shall  ca  re- 
fully  and  thoroughly  inspect  such  boat,  its  appliances  £  nd 
machinery,  and,  if  found  in  proper  condition  and  safe  or 
the  carriage  of  persons  or  passengers,  give  his  certiflc  ita 
thereof,  including  therein  the  number  of  persons  or  i  is- 
sengers  that  may  be  carried,  and  on  what  waters;  wh  ch 
certificate,  or  a  copy  thereof,  shall  be  posted  in  a  c  )n- 
spicuous  place  on  the  boat,  and  any  boat  so  inspected  i  nd 
certified  shall  be  entitled  to  run  tor  the  season  follow  ug 
the  date  thereof.  In  like  manner,  upon  the  request  of 
any  pilot  or  engineer  for  a  license  as  such,  the  inspec  or 
shall  forthwith  investigate  the  competency  of  the  ap  ili- 
cant,  his  acquaintance  with,  and  experience  in,  his  bi  si- 
ness,  his  habits  as  to  sobriety,  and  other  qualificatio  is, 
and,  if  found  capable  of  performing  well  his  duties,  and  of 
good  habits,  he  shall  issue  his  certificate  authorizing  him  to 
act  as  pilot  or  engineer,  as  the  case  may  be,  for  five  ye  irs 
from  the  date  thereof,  unless  sooner  revoked  for  cat  se, 
which  revocation  when  made  shall  take  effect  upon  ip- 
proval  by  the  governor.  The  inspector  may  charge  ;  nd 
require  advance  payment  for  inspection,  for  each  sailb(  at, 
$1;  each  boat  propelled  by  other  power,  with  a  capacity  of 
not  more  than  20  persons,  $5;  those  of  greater  capac  ty, 
$10;  and  for  each  applicant  for  license  as  pilot  or  ei  gi- 
neer,  $3. 

Penalties.  §  2513.  If  any  owner,  agent  or  master  of  i.ny 
such  boat,  having  a  capacity  of  carrying  five  or  m  )re 
persons,  plying  the  inland  waters  of  the  State,  shall  h  re, 
or  offer  to  hire,  such  boat  for  the  carrying  of  persons,  or 
receive  persons  thereon  for  hire,  without  first  obtain  ng 
annually,  before  the  boating  season,  a  certificate  as  in 
this  chapter  required,  or  if  such  owner,  agent  or  mas  er, 
having  obtained  such  certificate,  shall  permit  or  receiva 
for  carriage  on  such  boat  a  greater  nu.mber  of  persons  tlian 
authorized  therein,  or  if  any  person  shall  act  as  pilot  or 
engineer  on  any  boat  mentioned  for  which  inspection  and 
license  are  herein  required,  without  first  obtaining  a  li- 
cense therefor,  or  If,  having  such  license,  he  continues  to 
follow  such  avocation  after  the  same  has  been  revolted, 
or  has  expired,  he  shall  be  fined  in  a  sum  not  exceeding 
$1,000  or  imprisoned  in  the  county  jail  not  exceeding  one 
year,  or  punished  by  both  fine  and  imprisonment;  but 
the  provisions  of  this  chapter  shall  not  apply  to  vessels 
licensed  by  authority  of  the  United  States. 


PuBUc  Service  Laws 


535 


Reports.  §  2514.  Each  inspector  annually,  on  or  before 
the  first  day  of  January,  shall  report  to  ihe  governor  the 
number  and  date  of  licenses  granted  pilots  or  engineers, 
to  whom  issued,  the  date  thereof,  the  number  and  kind  of 
boats  inspected,  the  time  and  place  of  inspection,  upon 
what  general  interest,  with  the  total  amount  of  fees  re- 
ceived from  all  sources. 

CHAPTER  XIII. 

SHIPPING  IMITATION  BUTTEB  OR  CHEESE. 

Imitation  butter  or  cheese.  §  2516.  Every  article,  sub- 
stitute or  compound,  save  that  produced  from  pure  milk 
or  cream  from  milk  of  cows,  made  in  the  semblance  of  or 
designed  to  be  used  for  and  in  the  place  of  butter,  is  imi- 
tation butter;  and  every  article,  substitute  or  compound, 
save  that  produced  from  pure  milk  or  cream  from  milk 
of  cows,  made  in  the  semblance  of  or  designed  to  be  used 
for  and  in  the  place  of  cheese,  is  imitation  cheese.  No  one 
shall  manufacture,  have  in  his  possession,  offer  to  sell  or 
sell,  solicit  or  take  orders  for  delivery,  ship,  consign  or 
forward  by  any  common  carrier,  public  or  private,  and  no 
common  carrier  shall  knowingly  receive  or  transport  any 
such  imitation  butter  or  cheese,  except  in  the  manner 
and  subject  to  the  regulations  in  this  chapter  provided. 

Substitute  for  butter  or  cheese — Regulations  as  to  sale 
and  use — Transportation.  §  2517.  A  substitute  for  butter 
and  cheese,  not  having  a  yellow  color  nor  colored  in  imi- 
tation of  butter  and  cheese  as  prohibited  in  the  next  sec- 
tion, may  be  manufactured,  kept  in  possession,  offered  for 
sale,  sold,  shipped,  consigned  or  forwarded  by  common 
carriers,  public  or  private,  if  each  tub,  firkin,  box  or  other 
package  in  which  the  same  is  kept,  offered  for  sale,  sold, 
shipped,  consigned  or  forwarded  shall  have  branded, 
stamped  or  marked  on  the  side  or  top  thereof  in  the  Eng- 
lish language,  in  a  durable  manner,  the  words,  "substitute 
for  butter"  or  "substitute  for  cheese,"  as  the  case  may  be, 
the  letters  of  the  words  to  be  not  less  than  one  inch  in 
length  by  one-half  inch  in  width.  The  defacing,  erasure, 
canceling  or  removal  of  this  brand  or  mark,  with  Intent 
to  mislead,  deceive  or  violate  any  provision  of  this  chap- 
ter, is  prohibited.  Such  substitute  for  butter  or  cheese 
may  be  kept,  used  or  served  as  a  food  or  for  cooking  in 
hotels,  restaurants,  lunch  counters,  boarding  houses  or 
other  places  of  public  entertainment,  only  in  case  the  pro- 
prietor or  person  in  charge  of  such  place  shall  display  and 
keep  constantly  posted  a  card  opposite  each  table  or  other 
place  where  the  guests  or  others  are  served  with  the  same, 
which  card  shall  be  white,  at  least  10  x  14  inches  in  size, 
the  words,  "substitute  for  butter  used  here,"  or  "substitute 
for  cheese  used  here,"  as  the  case  may  be,  printed  in 
black  Roman  letters  of  the  same  size  as  herein  required 
to  be  placed  upon  the  tubs,  firkins,  boxes  or  other  package 
in  which  substitute  for  butter  or  cheese  is  kept,  and  no 
other  words  or  figures  shall  be  printed  thereon.  No  sub- 
stitute for  butter  or  cheese  shall  be  offered  for  sale  in  the 
manufacturer's  original  package  under  the  name  of  or  for 
true  butter  or  cheese  made  from  the  milk  or  cream  of 
cows,  nor  shall  any  substitute  for  butter  or  cheese  be 
offered  for  sale  or  sold  unless  the  purchaser  at  the  time 
was  informed  thereof,  and,  in  addition,  furnished  with  a 
printed  statement  in  the  English  language  in  prominent 
type  that  the  substance  sold  is  such  substitute,  and  giving 
the  name  and  place  of  business  of  the  maker.  Nothing 
herein  contained,  however,  shall  be  so  construed  as  to 
prohibit  the  transportation  of  imitation  butter  or  cheese 
through  and  across  the  State. 

CHAPTER  XV. 

FISH,  BIBDS  AND  GAME. 

Shipping  out  of  State.  §  2555.  No  person,  company  or 
corporation  shall  at  any  time  ship,  take  or  carry  out  of 
this  State  any  of  the  birds  or  animals  named  in  this 
chapter;  but  it  shall  be  lawful  for  any  person  to  ship 
to  any  person  within  this  State  any  game  birds  named,  not 
to  exceed  one  dozen  in  any  one  day,  during  the  period 
when  the  killing  of  such  birds  is  not  prohibited;  but  he 
shall  first  make  an  affidavit  before  some  person  authorized 


to  administer  oaths  that  said  birds  have  not  been  unlaw- 
fully killed,  bought,  sold  or  had  in  possession,  are  not 
being  shipped  for  sale  or  profit,  giving  the  name  and 
post-office  address  of  the  person  to  whom  shipped,  and  the 
number  of  birds  to  be  so  shipped.  A  copy  of  such  affi- 
davit, indorsed,  "a  true  copy  of  the  ori.tjinal"  by  the  per- 
son administering  the  oath,  shall  be  furnished  by  him  to 
the  afllant,  who  shall  deliver  the  same  to  the  railroad 
agent  or  common  carrier  receiving  such  birds  for  trans- 
portation, and  the  same  shall  operate  as  a  release  to 
such  carrier  or  agent  from  any  liability  in  the  shipment 
or  carrying  of  such  birds.  The  original  affidavit  shall 
be  retained  by  the  officer  taking  the  same,  and  may  be 
used  as  evidence  in  any  prosecution  for  violation  of  the 
sections  of  this  chapter  relating  to  game.  Any  person 
knowingly  and  wilfully  swearing  falsely  to  any  material 
fact  of  said  affidavit  shall  be  guilty  of  perjury. 

Receiving  for  transportation.  §  2557.  If  any  railway  or 
express  company  or  other  common  carrier,  or  any  of  their 
agents  or  servants,  receive  any  of  the  fish,  birds  or  ani- 
mals mentioned  or  referred  to  in  this  chapter,  for  trans- 
portation or  any  other  purpose,  during  the  period  herein- 
before limited  and  prohibited,  or  at  any  other  time  except 
in  the  manner  provided  in  this  chapter,  he  or  it  shall  be 
punished  by  a  fine  of  not  less  than  $100  nor  more  than 
?300,  or  by  imprisonment  in  the  county  jail  for  30  days,  or 
by  both  such  fine  and  imprisonment. 


TITLE  XIV,  CHAPTER  VI. 

CONVEYANCE    OF    REAL    ESTATE. 

Recording  land  grants.  §  2939.  Every  railroad  com- 
pany which  owns  or  claims  to  own  real  estate  in  this 
State,  granted  by  the  government  of  the  United  States  or 
this  State  to  aid  in  the  construction  of  its  railroads,  where 
it  has  not  already  done  so,  shall  place  on  file  and  cause  to 
be  recorded,  in  each  county  wherein  the  real  estate  granted 
is  situated,  evidence  of  its  titje  or  claim  of  title,  whether 
the  same  consists  of  patents  from  the  United  States, 
certificates  from  the  secretary  of  the  interior,  or  governor 
of  this  State,  or  the  proper  land  oflBce  of  the  United 
States  or  this  State.  Where  no  patent  was  issued,  refer- 
ence shall  be  made  in  said  certificate  to  the  Act  or  Acts  of 
congress,  and  the  Acts  of  the  legislature  of  this  State, 
granting  such  lands,  giving  the  date  thereof,  and  date  of 
their  approval  under  which  claim  of  title  is  made;  but 
where  the  certificate  of  the  secretary  of  the  interior  or 
the  patents  contain  real  estate  situated  in  more  than 
one  county,  the  secretary  of  State  shall,  upon  the  applica- 
tion of  any  railroad  company  or  its  grantee,  prepare  and 
furnish,  to  be  recorded,  a  list  of  all  the  real  estate  situated 
in  any  one  county  so  granted,  patented  or  certified;  and 
all  such  evidences  of  title  shall  be  entered  by  the  auditor 
upon  the  index,  transfer  and  plat  books. 

Notice.  §  2940.  Such  evidence  of  title  shall  be  filed 
with  the  recorder  of  deeds  of  the  county  in  which  the  real 
estate  is  situated,  who  shall  record  the  same,  and  place  an 
abstract  thereof  upon  the  index  of  deeds,  so  as  to  show 
the  evidence  of  title;  and  the  recording  thereof  shall 
be  constructive  notice  to  all  persons,  as  provided  in  other 
cases  of  entries  upon  said  index,  and  the  recorder  shall 
receive  the  same  fees  therefor  as  for  recording  other 
instruments. 


TITLE  XV,  CHAPTER  VIII. 

mechanics'   LIENS. 

Lien  on  work  of  internal  improvement.  §  3091.  When 
such  material  has  been  furnished  or  labor  performed  in 
the  construction,  repair  -or  equipment  of  any  railroad, 
canal,  viaduct  or  other  similar  improvements,  the  lien 
therefor  shall  attach  to  the  erections,  excavations,  em- 
bankments, bridges,  roadbed  and  all  land  upon  which  the 
same  may  be  situated,  and  the  rolling  stock  and  other 
equipment  belonging  to  any  such  railroad,  canal,  viaduct  or 
other  company,  all  of  which,  except  the  easement  or  right 
of  way,  shall  constitute  the  building,  erection  or  improve- 
ment provided  and  mentioned  in  this  chapter. 


636 


National  Association  of  Eailway  Commissioners 


CHAPTER  X. 

OF    WAEEHOUSEMEN,    CARRIERS,    HOTELKEEPERS. 

Elevator  or  warehouse  certificates.  §  3122.  All  per- 
sons, firms  or  corporations  engaged  hi  owning  or  dealing  in 
grains,  seeds  or  other  farm  products;  the  slaughtering  of 
cattle,  sheep  and  hogs,  and  dealing  in  the  various  products 
therefrom;  the  buying  or  selling  of  butter,  eggs,  cheese, 
dressed  poultry  or  other  commodities;  who  own  or  con- 
trol the  buildings  wherein  any  such  business  Is  conducted, 
or  such  commodities  stored,  may  issue  elevator  or  ware- 
house certificates  for  any  of  such  commodities  actually 
on  hand  and  in  store,  the  property  of  the  person,  firm  or 
corporation  issuing  such  certificate,  and  may  by  such 
method  sell,  assign,  transfer,  pledge  or  incumber  such 
commodity  to  the  amount  described  in  such  certificate. 
Such  certificates  shall  contain  the  name  and  address  of  the 
person,  firm  or  corporation  using  them,  and  the  name  and 
address  of  the  party  to  whom  issued,  the  location  of  the 
elevator,  warehouse,  building  or  other  place  where  the  com- 
modity therein  described  is  stored,  the  date  of  the  issuance 
of  such  certificate,  the  quantity  of  each  commodity  therein 
mentioned,  the  brands  or  marks  of  identification  thereon, 
If  any,  and  be  signed  by  the  person  or  firm  issuing  the 
same,  unless  issued  by  a  corporation,  in  which  case  they 
shall  be  signed  by  such  corporation  by  its  secretary  or 
business  manager,  if  it  has  such  manager  other  than  its 
secretary. 

Declaration.  §  3123.  Before  any  such  person,  firm  or 
corporation  is  authorized  to  issue  such  elevator  or  ware- 
house certificates,  he  or  it  must  file  in  the  office  of  the 
recorder  of  deeds,  in  the  county  where  any  such  elevator, 
warehouse  or  other  building  is  situated,  a  written  declara- 
tion, giving  the  name  and  place  of  residence  or  location  of 
such  person,  firm  or  corporation,  that  he  or  it  designs 
keeping  or  controlling  an  elevator,  warehouse,  crib  or  other 
place  for  the  sale  and  storage  of  commodities  mentioned  in 
the  preceding  section,  an  accurate  description  of  the  ele- 
vator, warehouse,  crib  or  other  building  to  be  kept  or  con- 
trolled, and  where  the  sameis  or  is  to  be  located,  the  name 
or  names  of  any  person,  other  than  the  one  making  such 
declaration,  who  has  any  interest  in  such  elevator,  ware- 
house or  other  building,  or  in  the  land  on  which  it  is 
situated,  such  declaration  to  be  signed  and  acknowledged 
by  the  party  making  the  same  before  some  officer  author- 
ized to  take  acknowledgements  of  instruments,  and  re- 
corded in  the  chattel  mortgage  record,  the  party  making 
such  declaration  to  be  treated  as  the  vendor  in  indexing 
such  declaration,  and  the  public  as  vendee. 

Effect  of  certificate — Assignment.  §  3124.  Each  certifi- 
cate issued  by  any  person,  firm  or  corporation  shall  have 
printed  on  the  back  thereof  a  statement  that  the  party 
Issuing  it  has  complied  with  the  requirements  of  the  pre- 
ceding section,  giving  the  book,  page  and  name  of  the 
county  where  the  record  of  such  declaration  may  be  found ; 
and,  when  such  certificate  is  so  issued  and  delivered,  it 
shall  have  the  effect  of  transferring  to  the  holder  thereof 
the  title  to  the  commodities  therein  described  or  enumer- 
ated, and  shall  be  assignable  by  written  indorsement 
thereon,  signed  by  the  lawful  holder  thereof,  which  shall 
transfer  the  title  of  commodities  therein  enumerated,  and 
be  presumptive  evidence  of  ownership  in  such  holder. 
No  record  or  other  notice  shall  be  necessary  to  protect, 
the  rights  of  the  holder  of  the  certificate  as  against  subse- 
quent purchasers  of  the  property. 

Registration  of  certificates  and  transfers.  §  3125.  All 
certificates  given  under  the  provisions  of  this  chapter 
shall  be  registered  by  the  party  issuing  them,  in  a  book 
kept  for  that  purpose,  showing  the  date  thereof,  the  num- 
ber of  each,  the  name  of  the  party  to  whom  issued,  the 
quantities  and  kinds  of  commodities)  enumerated  therein, 
and  the  brands  or  other  distinguishing  marks  thereon,  if 
any,  which  book  shall  be  open  to  the  inspection  of  any 
person  holding  any  of  the  certificates  that  may  be  out- 
standing and  in  force,  or  his  agent  or  attorney;  and  when 
any  commodity  enumerated  in  any  such  certificate  is  de- 
livered to  the  holder  thereof,  or  it  in  any  other  manner 
becomes  inoperative,  the  fact  and  date  of  such  delivery  or 
other  termination  of  such  liability  shall  be  entered  iu 
such  register  in  connection  with  the  original  entry  of  the 
issuance  thereof. 

Property  subject  to  certificate.  §  3126.  No  person,  firm 
or  corporation  shall  issue  any  elevator  or  warehouse  cer- 


tificate for  any  of  the  commodities  enumerated  in  this  chap- 
ter unless  such  property  is  actually  in  the  elevator  or 
warehouse  or  other  building  mentioned  therein  as  being 
the  place  where  such  commodity  is  stored,  and  it  shall 
remain  there  until  otherwise  ordered  by  the  lawful  holder 
of  such  certificate,  subject  to  the  conditions  of  the  con- 
tract between  the  warehouseman  and  the  person  to  whom 
such  certificate  was  issued,  or  his  assignee,  as  to  the 
time  of  its  remaining  in  store;  and  no  second  certificate 
shall  be  issued  for  the  same  property  or  any  part  thereof 
while  the  first  is  outstanding  and  in  force,  nor  shall  any- 
such  commodities  be  by  the  warehouseman  sold,  incum- 
bered, shipped,  transferred  or  removed  from  the  elevator, 
warehouse  or  other  building  where  the  same  was  stored  at 
the  time  such  certificate  was  issued,  without  the  written 
consent  of  the  holder  thereof. 

damages.  §  3127.  Any  one  injured  by  the  violation  of 
any  of  the  provisions  of  this  chapter  may  recover  his 
actual  damages  sustained  on  account  thereof,  and,  if 
wilfully  done,  in  addition  thereto,  exemplary  damages  in 
any  sum  not  exceeding  double  the  actual  damages,  which 
actual  damages  shall  be  found  and  returned  by  special 
verdict. 

Penalties.  §  3128.  Any  person  who  shall  wilfully  alter 
or  destroy  any  register  of  certificates  provided  for  in  tJiis 
chapter,  or  issue  any  receipt  or  certificates  without  en- 
tering and  preserving  in  such  book  the  registered  meno- 
randum;  or  who  shall  knowingly  issue  any  certificats 
herein  provided  for  the  commodity  or  commodities  then  an 
enumerated  are  not  in  fact  in  the  building  or  buildings  it 
is  certified  they  are  in;  or  shall,  with  intent  to  defraud, 
issue  a  second  or  other  certificate  for  any  such  commodity, 
for  which,  or  for  any  part  of  which,  a  former  valid  certfi- 
cate  is  outstanding  or  in  force;  or  shall,  while  any  va  id 
certificite  for  any  pact  of  the  commodities  mentioned  in 
this  chapter  is  outstanding  and  in  force,  sell,  incumb  sr, 
ship,  transfer  or  remove  from  the  elevator,  warehouse  or 
building  where  the  same  is  stored,  any  such  certified  pn  p- 
erty,  or  knowingly  permit  the  same  to  be  done,  without  t  le 
written  consent  of  the  holder  of  such  certificate;  or  if  a  ly 
person  knowingly  receives  any  such  property  or  helps  to 
remove  the  same,  he  shall,  upon  conviction,  be  punish  id 
by  fine  not  exceeding  $10,000,  or  by  imprisonment  in  t  le 
penitentiary  not  exceeding  five  years. 

Unclaimed  property — Lien  for  charges.  §  3130.  Pr(  p- 
erty  transported  by,  or  stored  or  left  with,  any  forwardi:  g 
and  commission  merchant,  express  company,  carrier  ir 
bailee  for  hire  shall  be  subject  "to  a  lien  for  the  lawi  il 
charges  thereon  for  the  transportation  and  storage  therei  t, 
or  charges  and  services  thereon  or  in  connection  thai  e- 
with;  and  if  any  such  property  shall  remain  in  the  poss<  s- 
sion,  unclaimed,  of  any  of  the  persons  named  in  this  se  :- 
tion  for  three  months,  with  the  just  charges  thereon  d'  e 
and  unpaid,  such  person  shall  first  give  notice  of  tl  9 
amount  of  the  charges  thereon  to  the  owner  or  consigm  e 
thereof,  if  his  whereabouts  is  known,  if  not,  he  shall  ro 
before  the  nearest  justice  of  the  peace  and  make  an  all- 
davit,  stating  the  time  and  place  where  such  property  Wi.s 
received,  the  marks  or  brands  by  which  the  same  is  desig- 
nated, if  any,  and,  if  not,  then  such  other  description  i  s 
may  best  answer  the  purpose  of  indicating  what  tl  e 
property  is,  and  the  probable  value  of  the  same,  and  o 
whom  consigned,  also  the  charges  paid  theron,  accompani<  d 
by  the  original  receipt  for  such  charges  and  by  the  bill  )f 
lading,  also  any  other  charges  due  and  unpaid,  and  whethiT 
the  whereabouts  of  the  owner  or  consignee  is  known  o 
the  affiant,  and  whether  such  notice  was  first  given  to  hi  u 
as  herein  provided;  which  affidavit  shall  be  filed  by  tie 
justice  for  the  inspection  of  anyone  interested  therein,  ard 
an  entry  made  in  the  estray  book  of  the  substance  of  tl  e 
affidavit,  and  a  statement  when,  where  and  by  whom  mads. 

Sale— Notice.  §  3131.  If  the  property  remains  u  i- 
claimed  and  the  charges  unpaid,  the  person  in  possessioi, 
if  the  probable  value  does  not  exceed  $100,  shall  adver- 
tise the  same  tor  14  days,  by  posting  notices  in  five  of  tl  e 
most  public  places  in  the  city  or  locality  where  said  prop- 
erty is  held,  giving  such  description  as  will  indicate  what 
is  to  be  sold;  if  the  goods  exceed  the  probable  valve 
of  $100,  the  length  of  notice  shall  be  four  weeks,  and  there 
shall  be  a  publication  thereof  once  each  week,  for  the  sane 
length  of  time  in  some  newspaper  of  general  circulation 
in  the  locality  where  the  property  is  held,  if  there  be  one, 
and,  if  not,  then  in  the  next  nearest  newspaper  published 


Public  Service  Laws 


537 


in  that  neighborhood,  at  the  end  of  which  period,  if  the 
property  is  still  unclaimed  or  charges  unpaid,  it  maj'  be 
sold  by  him  at  public  auction,  between  the  hours  of  10 
o'clock  a.  m.  and  four  o'clock  p.  ni.  for  the  highest  price 
the  same  will  bring,  which  sale  may  be  continued  from 
day  to  day  by  public  announcement  to  that  effect  at  the 
time  of  the  adjournment,  until  all  the  property  Is  sold; 
and  from  the  proceeds  thereof  a'l  charges,  costs  and  ex- 
penses of  the  sale  shall  be  paid,  which  sale  shall  be  con- 
ducted after  the  manner  of  sheriff's  sales,  and  like  costs 
taxed  for  like  services. 

Perishable  property.  §  3132.  Fruit,  fresh  oysters,  game 
and  other  perishable  property  thus  held  shall  be  retained 
24  hours,  and,  if  not  claimed  within  that  time  and  charges 
paid,  after  the  proper  affidavit  is  made  as  required  by  the 
second  preceding  section,  may  be  sold  either  at  public  or 
private  sale,  in  the  discretion  of  the  party  holding  the 
same,  for  the  highest  price  that  the  same  will  bring,  and 
the  proceeds  of  the  sale  disposed  of  as  provided  in  the 
last  preceding  section.  In  either  case,  it  the  owner  or 
consignee  of  said  unclaimed  property  resides  in  the  same 
city,  town  or  locality  in  which  the  same  is  held,  and  is 
known  to  the  agent  or  party  having  the  same  in  charge, 
then  personal  notice  shall  be  given  to  him  in  writing  that 
the  goods  are  held  subject  to  his  order  on  payment  of 
charges,  and  that,  unless  he  pays  the  same  and  removes 
the  property,  it  will  be  sold  as  provided  by  law. 

Disposition  of  proceeds.  §  3133.  After  the  charges  on 
the  property  and  the  costs  of  sale  have  been  taken  out 
of  the  proceeds,  the  seller  shall  deposit  the  excess  with 
the  county  treasurer  of  the  county  where  the  goods  were 
sold,  subject  to  the  order  of  the  owner,  take  a  receipt 
therefor,  and  deposit  the  same  with  the  county  auditor. 
At  the  same  time  he  shall  also  file  a  verified  schedule  of 
the  property  with  the  treasurer,  giving  the  name  of  the 
consignee  or  owner,  if  known,  of  each  piece  of  property 
sold,  the  sum  realized  from  the  sale  of  each  separate 
package,  describing  the  same,  together  with  a  copy  of  the 
advertisement  hereinbefore  provided  for,  and  a  full  state- 
ment of  the  receipts  of  the  sale,  and  the  amount  disbursed 
to  pay  charges  and  expenses  of  sale,  which  shall  all  be 
filed  and  preserved  in  the  treasurer's  office  for  the  inspec- 
tion of  anyone  interested  in  the  same. 

Duty  of  treasurer — Refunding  to  oicner.  §  3134.  If  the 
money  remains  in  the  hands  of  the  treasurer  unclaimed, 
he  shall  place  the  same  to  the  credit  of  the  county  in  his 
next  settlement,  and  if  It  so  remains  unclaimed  for  one 
year,  it  shall  be  paid  to  the  school  fund;  but  any  claimant 
therefor  may  at  any  time  v/ithin  10  years  appear  before  the 
board  of  supervisors  and  establish  his  right  to  the  same 
by  competent  legal  evidence,  in  which  case  the  original 
sum  deposited  shall  be  paid  him  out  of  the  county  treasury. 

Common  carriers — Liability  for  baggage.  §  3135.  Om- 
nibus and  transfer  companies  or  other  common  carriers, 
and  their  agents,  shall  be  liable  for  damages  occasioned 
to  baggage  or  other  property  belonging  to  travelers  through 
careless  or  negligent  handling  while  in  the  possession 
of  said  companies  or  carriers,  and  in  addition  to  the 
damages,  the  plaintilt  shall  be  entitled  to  an  allowance 
of  not  less  than  five  dollars  for  every  day's  detention 
caused  thereby,  or  by  action  brought  to  recover  the  same. 

Cannot  limit  liability.  §  3136.  No  contract,  receipt,  rule 
or  regulation  shall  exempt  any  corporation  or  person  en- 
gaged in  transporting  persons  for  hire  from  the  liability 
of  a  common  carrier,  or  carrier  of  passengers,  which  would 
exist  had  no  contract,  receipt,  rule  or  regulation  been  made. 

TITLE  XVIII,  CHAPTER  IV. 

PLACE   OF   BRINGING   ACTION. 

Against  common  carriers.  §  3497.  An  action  may  be 
brought  against  any  railway  corporation,  the  owner  of  the 
stages,  or  other  line  of  coaches  or  cars,  express,  canal, 
steamboat  and  other  river  crafts,  telegraph  and  telephone 
companies,  and  the  lessees,  companies  or  persons  operating 
the  same,  in  any  county  through  which  such  road  or  line 
passes  or  is  operated. 

Against  construction  companies.  §  3498.  An  action  may 
be  brought  against  any  corporation,  company  or  person 
engaged  in  the  construction  of  a  railway,  canal,  telegraph 
or  telephone  line,  on  any  contract  relating  thereto  or  to 
any  part  thereof,  or  for  damages  in  any  manner  growing 
out  of  the  work  thereon,  in  any  county  where  such  con- 


tract was  made,  or  performed  in  whole  or  in  part,  or  where 
the  work  was  done  out  of  which  the  damage  claim  arose. 
Office  or  agency.  §  3500.  When  a  corporation,  company 
or  individual  has  an  office  or  agency  in  any  county  for 
the  transaction  of  business,  any  actions  growing  out  of  or 
connected  with  the  business  of  that  office  or  agency  may  be 
brought  in  the  county  where  such  office  or  agency  is 
located. 

CHAPTER  VI. 

MANNER  OF   COMMENCING  ACTIONS. 

On  agent  of  corporation.  §  3529.  If  the  action  Is 
against  any  corporation  or  person  owning  or  operating 
any  railway  or  canal,  steamboat  or  other  river  craft,  or 
any  telegraph,  telephone,  stage  coach  or  car  line,  or  against 
any  express  company,  or  against  any  foreign  corporation, 
service  may  be  made  upon  any  general  agent  of  such 
corporation,  company  or  person,  wherever  found,  or  upon 
any  station,  ticket  or  other  agent  or  person  where  the 
action  is  brought;  if  there  is  no  such  agent  in  said  county, 
then  service  may  be  had  upon  any  such  agent  or  person 
transacting  said  business  in  any  other  county.  If  the  ac- 
tion is  against  any  railway  corporation  which  has  merged 
and  consolidated  its  stock,  property,  franchises  and  liabili- 
ties with  that  of  any  other  railway  corporation,  as  author- 
ized by  §  2036  of  the  code,  or  which  has  sold  or  leased 
its  property  and  franchises  to  any  other  railway  corpora- 
tion as  authorized  by  §  2066  of  the  code,  service  of  the 
original  notice  may  be  made  upon  any  station,  ticket  or 
other  agent  of  the  merged,  vendee  or  lessee  corporation  in 
the  county  where  the  action  is  bought;  if  there  is  no  such 
agent  in  said  county,  then  service  may  be  made  upon  such 
agent  or  person  in  any  other  county. 

On  agent,  as  to  business  of  offl.ce  or  agency.  §  3532. 
When  a  corporation,  company  or  individual  has,  for  the 
transaction  of  any  business,  an  office  or  agency  in  any 
county  other  than  that  in  which  the  principal  resides, 
service  may  be  made  on  any  agent  or  clerk  employed  in 
such  office  or  agency,  in  all  actions  growing  out  of  or  con- 
nected with  the  business  of  that  office  or  agency. 

TITLE  XXIV,  CHAPTER  III. 

OFFENSES    AGAINST    PRORERTY. 

Burning  mills,  locks,  dams,  depots,  etc.  §  4780.  If  any 
person  wilfully  and  maliciously  burn,  either  in  the  night 
or  daytime,  any  warehouse,  store,  manufactory,  mill,  rail- 
road depot,  barn,  stable,  shop,  office,  outhouse  or  any 
building  whatsoever  of  another,  other  than  is  mentioned 
in  the  preceding  sections  of  this  chapter,  or  any  bridge, 
lock,  dam  or  flume,  he  shall  be  imprisoned  in  the  peni- 
tentiary not  exceeding  10  years. 

Setting  fire  with  intent  to  burn.  §  4781.  If  any  person 
set  fire  to  any  building,  boat  or  vessel  mentioned  in  the 
preceding  sections  of  this  chapter,  or  to  any  material  with 
intent  to  cause  any  such  building,  boat  or  vessel  to  be 
burnt,  he  shall  be  imprisoned  in  the  penitentiary  not  ex- 
ceeding five  years,  or  be  fined  not  exceeding  $1,000  and 
imprisoned  in  the  county  jail  not  more  than  one  year. 

Breaking  and  entering  car.  §  4794.  If  any  person  un- 
lawfully break  and  enter  any  freight  or  express  car  which 
is  sealed  or  locked,  in  which  any  goods,  merchandise  or 
other  valuable  things  are  kept  for  use,  deposit  or  trans- 
portation, he  shall  be  imprisoned  in  the  penitentiary  not 
more  than  five  years,  or  be  fined  not  exceeding  $100  and 
Imprisoned  in  the  county  jail  not  more  than  one  year. 


CHAPTER  IV. 

MALICIOUS    MISCHIEF    AND    TRESPASS. 

To  highways,  bridges,  railways,  telegraph  lines,  etc. 
§  4807.  If  any  person  maliciously  injure,  remove,  or  de- 
stroy any  bridge,  rail  or  plank  road;  or  place  or  cause  to 
be  placed  any  obstruction  on  such  bridge  or  road;  or  wil- 
fully obstruct  or  injure  any  public  road  or  highway;  or 
maliciously  cut,  burn  or  in  any  way  break  down,  injure 
or  destroy  any  telephone  or  telegraph  post,  or  in  any  way 
cut,  break  or  injure  the  wires  or  any  apparatus  thereto 
belonging,  he  shall  be  imprisoned  in  the  penitentiary  not 
more  than  five  years,  or  be  fined  not  exceeding  $50p  and 
imprisoned  in  the  county  jail  not  exceeding  one  year. 


638 


National  Association  of  Eailway  Commissioneks  . 


CHAPTER  162. 


Malicious  injury  to  electric  light  and  electric  railway 
post  or  wires.  §  1.  That  §  4807  of  the  Code  be  amended  as 
follows:  By  inserting  in  the  fourth  line  thereof  between  the 
words  "any"  and  "telephone"  the  words  "electric  light, 
electric  railways." 

Approved  February  24,  1900. 

Placing  obstructions  on  railways.  §  4809.  It  any  per- 
son shall  wilfully  and  maliciously  place  any  obstruction 
on  the  track  of  any  railroad  in  the  State,  or  remove  any 
rail  therefrom,  or  in  any  other  way  injure  such  railroad, 
or  do  any  other  thing  thereto  whereby  the  lite  of  any 
person  is  or  may  be  endangered,  he  shall  be  imprisoned  in 
the  penitentiary  for  life,  or  for  any  term  not  less  than 
two  years. 

Train  robbery — Penalty.  §  1.  That  if  any  person  shall 
stop  or  attempt  to  stop  any  railway  passenger  train,  with 
intent  to  rob  any  person  thereon,  or  to  rob  any  coach  at- 
tached thereto,  or  to  rob  any  mall  pouch,  express  safe, 
or  box  on  such  train;  or  shall  wreck  or  attempt  to  wreck, 
derail  or  attempt  to  derail,  any  such  train,  by  any  means 
whatever,  with  intent  to  commit  such  robbery;  or  shall  ob- 
struct or  detain  such  train,  or  any  locomotive,  tender, 
coach  or  car  attached  thereto,  with  such  intent,  or  shall 
place  upon  any  railway  track,  or  under  any  engine,  tender, 
coach  or  car  any  explosive  substance,  with  intent  to  ob- 
struct, stop,  detain,  derail  or  wreck  such  train,  for  the 
purpose  of  committing  such  robbery,  or  remove  any  spike, 
fishplate,  frog,  rail,  switch,  tie,  stringer  or  appliance  used 
on  such  railway,  with  intent  to  obstruct,  stop,  detain,  de- 
rail or  wreck  such  train  for  the  purpose  of  committing  such 
robbery;  or  shall  enter  any  locomotive,  tender,  coach  or 
car  attached  to  such  train  and  take  or  attempt  to  take 
possession  thereof  for  the  purpose  of  committing  such  rob- 
bery; or  shall  rifle  any  coach,  car,  safe,  box  or  mail 
pouch  on  such  train;  or  shall  with  force  and  arms  take  and 
carry  away  any  valuable  thing  whatever  from  such  train, 
or  from  any  person  thereon;  or  shall  intimidate,  injure, 
wound  or  maim  any  person  thereon  with  intent  to  commit 
such  robbery,  he  shall,  upon  conviction  thereof,  be  impris- 
oned in  the  penitentiary  at  hard  labor  for  life,  or  for  any 
term  not  less  than  ten  years. 

Shooting  or  throwing  at  train.  §  4810.  If  any  person 
throw  any  stone  or  other  substance  whatever,  or  present  or 
discharge  any  gun,  pistol  or  other  firearm  at  any  railroad 
train,  car  or  locomotive  engine,  he  shall  be  guilty  of  a 
misdemeanor. 

Jumping  off  cars  in  motion.  §  4811.  If  any  person  not 
employed  thereon,  or  not  an  officer  of  the  law  in  the 
discharge  of  his  duty,  without  the  consent  of  the  person 
having  the  same  in  charge,  get  upon  or  off  any  locomotive, 
engine  or  car  of  any  railroad  company  while  the  same  is 
in  motion,  or  elsewhere  than  at  the  established  depots 
of  such  company,  or  get  upon,  cling  to  or  otherwise  attach 
himself  to  any  such  engine  or  car  for  the  purpose  of  riding 
upon  the  same,  intending  to  jump  therefrom  when  such 
engine  or  car  is  in  motion,  he  shall  be  gsilty  of  a 
misdemeanor. 

Uncoupling  locomotive  or  cars.  §  4812.  If  any  person 
shall  wilfully  and  maliciously  uncouple  or  detach  the  loco- 
motive or  tender  or  any  of  the  cars  of  any  railroad  train, 
or  in  any  manner  aid,  abet  or  procure  the  doing  of  the 
same,  such  person  shall  be  imprisoned  in  the  penitentiary 
not  exceeding  five  years,  or  fined  not  exceeding  $1,000,  or 
both,  at  the  discretion  of  the  court. 

Seizing  and  running  locomotive.  §  4813.  If  any  person 
shall  unlawfully  sieze  upon  any  locomotive,  with  or  with- 
out any  express,  mail,  baggage  or  other  car  attached 
thereto,  and  run  the  same  upon  any  railroad,  or  aid,  abet 
or  procure  the  doing  of  the  same,  such  person  shall  be 
imprisoned  in  the  penitentiary  not  exceeding  10  years,  or 
fined  not  exceeding  $2,000,  or  both  fined  and  imprisoned. 

Wrongfully  running  hand-car.  §  4814.  If  any  person 
shall,  without  permission  from  the  proper  authority,  wrong- 
fully take  or  run  any  handcar  upon  any  railroad  in  this 
State,  he  shall  be  guilty  of  a  misdemeanor;  and  if  by  such 
unlawful  use  of  any  handcar,  any  locomotive  or  car  is 
thrown  from  the  track,  or  a  collision  produced,  or  any 
person  injured,  he  shall  be  imprisoned  in  the  penitentiary 
for  a  term  of  not  more  than  five  years;  and  if  thereby  any 
person  is  killed,  such  person  so  offending  shall  be  guilty 
of  mahslaughter. 


al^ 


Interference  with  air  brake  or  bell  rope — Arrest.  §  48: 
If  any  person  not  an  employe  upon  the  railroad  sha! 
wrongfully  interfere  with  any  automatic  air  brake  or  bell 
rope  upon  any  railroad  car,  or  use  the  same  for  the  pur- 
pose of  stopping  or  in  any  way  controlling  the  movement 
of  the  train,  he  shall  be  subject  to  the  penalty  provided  in 
the  preceding  section;  and  any  conductor  or  brakeman  on 
a  railroad  train  shall  have  power  to  arrest  a  person  so 
offending  and  deliver  him  to  some  peace  officer  on  the  line 
of  the  railroad. 

Tapping  telegraph  or  telephone  wires.  §  4816.  Any  per- 
son who  shall  wrongfully  or  unlawfully  tap  or  connect  a 
wire  with  the  telephone  or  telegraph  wires  of  any  person, 
company  or  association  engaged  in  the  transmission  of 
messages  on  telephone  or  telegraph  lines  between  the 
States  or  in  this  State,  shall  be  fined  not  more  than  $500, 
or  imprisoned  in  the  county  jail  not  exceeding  six  months. 

CHAPTER  V. 

EMBEZZLEMENT. 

Embezzlement  by  carrier  or  person  intrusted.  §  4844. 
If  any  carrier  or  other  person  to  whom  any  money,  goods 
or  other  property  which  may  be  the  subject  of  larceny  has 
been  delivered  to  be  carried  for  hire,  or  if  any  other 
person  intrusted  with  such  property,  embezzle  or  fraud  a- 
lently  convert  to  his  own  use  any  such  money,  goods  or 
other  property,  either  in  the  mass  as  the  same  were  ds- 
livered  or  otherwise,  and  before  the  same  were  delivered 
at  the  place  or  to  the  person  where  and  to  whom  they  wei  e 
to  be  delivered,  he  is  guilty  of  larceny. 
« 

CHAPTER  IX. 

OFFENSES    AGAINST    MORALITY. 

Cruelty  to  animals  by  railways,  when  transporttiil^, 
§  4970.  No  railway  company  in  this  State,  in  the  carrying 
or  transportation  of  cattle,  sheep,  swine  or  other  animal  i, 
shall  confine  the  same  in  cars  for  a  longer  period  than  JS 
consecutive  hours,  unless  delayed  by  a  storm  or  oth«  r 
accidental  cause,  without  unloading  for  rest,  water  an  1 
feeding  for  a  period  of  at  least  five  consecutive  hours.  1 1 
estimating  such  confinement,  the  time  the  animals  hav  i 
been  confined  without  such  rest  on  connecting  railway  i 
from  which  they  are  received  shall  be  computed,  it  bein  ; 
the  intention  of  this  section  to  prevent  their  continuou  i 
confinement  beyond  28  hours,  except  upon  the  coniini  ■ 
encies  before  stated;  and  animals  unloaded  for  rest,  watt - 
and  feeding  shall  be  properly  fed,  watered  and  sheltere  i 
during  such  rest  by  the  owners  or  persons  in  custod  •' 
thereof,  or,  in  case  of  their  default  in  so  doing,  then  b' 
the  railway  company  transporting  them,  at  the  expense  c  f 
said  owners  or  persons  in  custody  thereof,  and  said  con  - 
pany  shall  have  a  lien  upon  such  animals  for  food,  car  > 
and  custody  furnished,  and  shall  not  be  liable  for  an  • 
detention  of  such  animals  authorized  by  this  section.  Bit 
when  such  animals  shall  be  carried  in  cars  in  whic  i 
they  shall  and  do  have  proper  food,  water,  space  and  oi  - 
portunity  for  rest,  the  foregoing  provisions  in  regard  t  > 
their  being  unloaded  shall  not  apply.  Any  railway  conr- 
pany,  owner  or  custodian  of  such  animals,  who  shall  fa  1 
to  comply  with  the  provisions  of  this  section,  shall  for 
each  and  every  such  offense,  be  liable  for  and  forfeit  anl 
pay  a  penalty  of  not  less  than  $100  nor  more  than  $500. 


CHAPTER  X. 


ir 


OFFENSES    AGAINST    PUBLIC    HEALTH. 

Putting  infected  person  on  public  conveyance.  §  497!!. 
If  any  person  shall  place  or  put,  or  aid  or  abet  in  placin; 
or  putting,  any  person  upon  any  railroad  car,  steamboat 
or  other  public  conveyance,  knowing  such  person  to  be 
infected  with  diphtheria,  smallpox  or  scarlet  fever,  he  sha  1 
be  fined  not  more  than  $100,  or  be  imprisoned  in  the  county 
jail  not  more  than  30  days. 


CHAPTER  XI. 

OFFENSES  AGAINST  PUBLIC  POLICY. 

Bringing  diseased  cattle  into  State.  §  5020.  Any  persoa 
driving  any  cattle  into  the  State,  or  any  agent,  servant  cr 
employe  of  any  railroad  or  other  corporation  who  shall 
carry,  transport  or  ship  any  cattle  into  this  State,  or  any 
railroad  company  or  other  corporation  or  person  who  shall 
carry    ship  or  deliver  any  cattle  into  this  State,  or  the 


Public  Service  Laavs 


53& 


owner,  controller,  lessee  or  agent  or  employe  of  any  stock- 
yard, receiving  into  such  stockyard,  or  in  any  other  in- 
closure  for  the  detention  of  cattle  in  transit  or  shipment 
or  reshipment  or  sale  any  cattle  brought  or  shipped  in  any 
manner  into  this  State,  which  at  the  time  they  were  either 
driven,  brought,  shipped  or  transported  into  this  State, 
were  in  such  condition  as  to  infect  with  or  to  communi- 
cate to  other  cattle  pleuro-pneumonia,  or  splenitic  or  Texas 
fever,  shall  be  fined  not  less  than  $300  and  not  more  than 
fl,OO0,  or  be  imprisoned  in  the  county  jail  not  exceeding 
six  months,  or  both. 

Action  for  damages.  §  5021.  Any  person  who  shall  be 
Injured  or  damaged  by  any  acts  prohibited  in  the  preceding 
section,  in  addition  to  the  remedy  therein  provided,  may 
recover  the  actual  damages  sustained  by  him  from  the 
person,  agent,  employe  or  corporation  therein  mentioned, 
and  neither  said  criminal  proceeding  nor  said  civil  action 
shall  be  a  bar  to  a  conviction  or  to  a  recovery  in  the  other. 

Blacklisting  employes.  §  5027.  If  any  person,  agent, 
company  or  corporation,  after  having  discharged  any  em- 
ploye from  his  or  its  service,  shall  prevent  or  attempt  to 
prevent,  by  word  or  writing  of  any  kind,  such  discharged 
employe  from  obtaining  employment  with  any  other  person, 
company  or  corporation,  except  by  furnishing  in  writing 
on  request  a  truthful  statement  as  to  the  cause  of  his 
discharge,  such  person,  agent,  company  or  corporation 
shall  be  punished  by  a  fine  not  exceeding  $500  nor  less 
than  $100,  and  shall  be  liable  for  all  damages  sustained 
by  any  such  person. 

Same  by  agents.  §  5028.  If  any  railroad  company  or 
other  company,  partnership  or  corporation  shall  authorize 
or  allow  any  of  its  or  their  agents  to  blacklist  any  dis- 
charged employe,  or  attempt  by  word  or  writing  or  any 
other  means  whatever  to  prevent  such  discharged  employe, 
or  any  employe  who  may  have  voluntarily  left  said  com- 
pany's service,  from  obtaining  employment  with  any  other 
person  or  company,  except  as  provided  for  in  the  pre- 
ceding section,  such  company  or  copartnership  shall  be 
liable  in  treble  damages  to  such  employe  so  prevented 
from  obtaining  employment. 


CHAPTER  13. 

CHEATING. 

Fraudulent  destruction  of  boats,  etc.  §  5054.  If  any  per- 
son cast  away,  sink  or  otherwise  destroy  any  raft,  boat,  or 
vessel,  within  any  county,  with  intent  to  defraud  any  ov/ner 
or  insurer  thereof,  or  the  owner  or  insurer  of  any  prop- 
erty laden  on  board  the  same,  or  of  any  part  thereof,  he 
shall  be  imprisoned  in  the  penitentiary  not  exceeding  five 
years,  or  fined  not  exceeding  $2,000  and  imprisoned  in 
the  county  jail  not  exceeding  one  year. 

Fitting  out  for  that  purpose.  §  5055.  If  any  person 
lade,  equip  or  fit  out,  or  assist  in  lading,  equipping  or 
fitting  out,  any  raft,  boat  or  vessel,  with  intent  that  the 
same  be  cast  away,  burnt,  sunk  or  otherwise  destroyed,  to 
injure  or  defraud  any  owner  or  insurer  thereof,  or  of  any 
property  laden  on  board  the  same,  he  shall  be  fined  not 
exceeding  $1,000  and  imprisoned  In  the  county  jail  not 
exceeding  one  year. 

Making  false  bills  of  lading.  §  5056.  If  any  owner  of 
any  boat  or  vessel,  or  of  any  property  laden  or  pretended 
to  be  laden  on  board  the  same,  or  it  any  other  person  con- 
cerned in  the  lading  or  fitting  out  such  boat  or  vessel, 
make  out  and  exhibit,  or  cause  to  be  made  out  and  ex- 
hibited, any  false  estimate  of  any  goods  or  property  laden 
or  pretended  to  be  laden  on  board  such  boat  or  vessel, 
with  intent  to  injure  or  defraud  any  insurer  of  such  boat 
or  vessel  or  property,  or  of  any  part  thereof,  he  shall  be 
fined  not  exceeding  $1,000,  or  imprisoned  in  the  peniten- 
tiary not  more  than  three  years. 

Making  false  affidavits  or  protests.  §  5057.  If  any  mas- 
ter or  other  officer  of  any  boat  or  vessel  make,  or  cause 
to  be  made,  any  false  affidavit  or  manifest,  or  if  any  owner 
or  other  person  concerned  in  such  boat  or  vessel,  or  in 
the  goods  or  property  laden  on  board  the  same,  procure 
any  such  false  affidavit  or  manifest  to  be  made,  or  exhibit 
the  same,  with  intent  to  injure,  deceive  or  defraud  any 
insurer  of  such  boat  or  vessel,  or  of  the  goods  or  property 
laden  on  board  of  the  same,  he  shall  be  imprisoned  in  the 
penitentiary  not  exceeding  five  years,  or  be  fined  not  ex- 


ceeding $3,000  and  imprisoned  in  the  county  jail  not  ex- 
ceeding one  year. 

False  warehouse  receipts.  §  5068.  If  any  person  sell, 
transfer  or  dispose  of  any  receipt  or  voucher,  given  or 
purporting  to  have  been  given  by  any  person  for  property 
in  store,  knowing  that  such  person  has  not  in  his  posses- 
sion such  property,  or  any  part  thereof,  he  shall  be  fined 
not  exceeding  $1,000  and  imprisoned  in  the  penitentiary 
not  exceeding  five  years. 

Who  may  make  arrest  for.  §  5073.  Any  person  may, 
and  every  conductor  and  other  employe  on  any  railroad  car 
or  train,  every  captain,  clerk  and  other  employe  on  any 
boat,  every  station  agent  at  any  railway  depot,  the  offi- 
cers of  any  fair  or  fair  grounds,  and  the  proprietor  of  any 
place  of  public  resort  and  his  employes,  shall,  with  or 
without  warrant,  arrest  any  person  found  in  the  act  of 
committing  any  of  the  offenses  mentioned  in  the  preceding 
section,  or  any  person  whom  he  or  they  may  have  good 
reason  to  believe  to  be  guilty  of  the  commission  of  any 
such  offense. 

Duty  of  conductor,  captain,  etc.  §  5074.  Any  conductor, 
captain,  hotel  or  saloonkeeper,  proprietor  or  manager  of 
any  public  conveyance  or  place  of  public  resort,  and  the 
officers  of  any  fair  or  fair  grounds,  shall  eject  from  his 
car,  train,  boat,  hotel,  saloon,  public  conveyance,  fair 
grounds  or  place  of  public  resort  any  person  known  to  him 
or  whom  he  has  good  reason  to  believe  to  be  a  three-card- 
monte  man,  or  who  offers  to  wager  or  bet  money  or  other 
valuable  thing  upon  what  is  commonly  known  as  three- 
card-monte,  or  bet  on  any  trick  or  game  with  cards  or  other 
gaming  device,  and  any  failure,  neglect  or  refusal  to  do  so, 
or  to  suppress  or  prevent  a  violation  of  the  second  preced- 
ing section,  shall  be  a  misdemeanor. 

Posting  copy  of  law.  §  5075.  Any  person  or  company 
operating  any  public  conveyance  by  which  passengers  are 
carried  shall  keep  posted  up  in  such  conveyance  a  copy  of 
the  three  preceding  sections. 

SPECIAL  ASSESSMENTS  FOR  STREETS. 

Railroad  right  of  way  subject  to  special  assessments^ 
§  1.  That  the  right  of  way  of  any  railroad  company  front- 
ing on  or  abutting  upon  a  street,  highway,  avenue,  alley, 
public  ground,  wharf,  landing  or  market  place  within  the 
limits  of  any  city  or  town  shall  be  subject  to  special  assess- 
ment for  sidewalks  and  street  improvements  authorized 
to  be  made  under  the  provisions  of  chapters  six  and  seven, 
title  five  of  the  code  and  amendatory  Acts  thereto  the  same 
as  any  land  or  lot  therein,  and  any  special  assessment 
made  against  any  railroad  right  of  way  under  any  of  the- 
provisions  of  said  chapters  6  and  7,  title  5  of  the  Code- 
shall  be  a  debt  due  personally  from  the  railroad  com- 
pany owning  or  leasing  such  right  of  way,  and  unless  the 
same  is  paid  by  such  railroad  company  as  a  special  assess- 
ment it  may  be  collected  in  the  name  of  the  city  or  town 
levying  such  assessment  in  any  court  having  jurisdiction. 

Approved  March  27,  A.  D.  1907. 

FORMATION   OF  RAILWAY   CORPORATIONS. 

Repeal  —  Duration  ■ —  Certificate  and  article  recorded — 
Fees — Notice  proof  filed.  §  3.  That  §  1618  of  the  supple- 
ment to  the  Code,  1907,  be  and  the  same  is  hereby  re- 
pealed and  the  following  enacted  in  lieu  thereof: 

"Corporations  for  the  construction  and  operation,  or  the 
operation  alone,  of  steam  railways,  interurban  railways  and 
street  railways;  for  the  establishment  and  conduct  of  sav- 
ings banks,  or  for  the  transaction  of  the  business  of  life 
insurance,  may  be  formed  to  endure  50  years;  those  for 
other  purposes,  not  to  exceed  20  years;  but  in  either 
case  they  may  be  renewed  from  time  to  time  for  the 
same  or  shorter  periods,  within  three  months  before  or 
after  the  time  for  the  termination  thereof,  if  a  major- 
ity of  the  votes  cast  at  any  regular  election,  or  spe- 
cial election  called  for  that  purpose,  be  in  favor  of  such 
renewal,  and  if  those  wishing  such  renewal  will  purchase 
the  stock  of  those  opposed  thereto  at  its  real  value.  Such 
renewals  shall  date  from  the  expiration  of  the  corporate 
period  which  it  succeeds,  and  shall  be  limited  in  duratioa 
to  a  period  not  exceeding  the  time  allowed  by  law  to  the 
same  class  of  corporations.  Within  five  days  after  the 
said  action  of  the  stockholders  for  the  renewal  of  any 
corporation,  a  certificate,  showing  the  proceedings  result- 
ing in  such  renewal,  sworn  to  by  the  president  and  secre- 
tary of  the  corporation,  or  by  such  other  officers  as  may  be 


540 


National  Association  of  Eailway  Commissioners 


designated  by  the  stockholders,  together  with  the  articles 
of  incorporation,  which  may  he  the  original  articles  of 
incorporation,  or  amended  and  substituted  articles,  shall 
be  filed  for  record  in  the  office  of  the  recorder  of  the 
county  in  which  the  principal  place  of  business  of  said  cor- 
poration is  situated,  and  the  same  shall  be  recorded. 
Upon  filing  with  the  secretary  of  State,  the  said  certificate 
and  articles  of  incorporation,  within  lO  days  after  they  are 
filed  with  the  recorder,  and  upon  the  payment  to  the  secre- 
tary of  State  of  a  fee  of  $25,  together  with  a  recording  fee 
of  10  cents  per  100  words  and  an  additional  fee  of  $1 
per  thousand  for  all  authorized  stock  in  excess  of 
$10,000,  the  secretary  of  State  shall  record  the  said  certifi- 
cate and  the  said  articles  of  incorporation  in  a  book  to  be 
kept  by  him  for  that  purpose,  and  shall  issue  a  proper 
certificate  for  the  renewal  of  the  corporation.  Within 
three  months  after  the  filing  of  the  certificate  and  articles 
of  incorporation  with  the  secretary  of  State,  the  corpora- 
tion so  renewed  shall  publish  a  notice  of  renewal.  Said 
notice  shall  be  published  once  each  week  for  four  weeks  in 
succession  in  a  newspaper  as  convenient  as  practicable 
to  the  principal  place  of  business  of  the  corporation,  and 
proof  of  publication  filed  in  the  office  of  the  secretary  of 
State,  and  shall  contain  the  matters  and  things  required 
to  be  published  by  §  1613  of  the  Code,  relating  to  original 
incorporations." 

Repeal — Cancellation  of  stock.  §  4.  That  §  1641d  of  the 
supplement  to  the  Code,  1907,  be  and  the  same  is  hereby 
repealed,  and  the  following  enacted  in  lieu  thereof: 

"The  capital  stock  of  any  corporation  issued  in  viola- 
tion of  the  terms  and  provisions  hereof  shall  be  void,  and 
in  a  suit  brought  by  the  attorney-general  on  behalf  of  the 
State  of  Iowa  in  any  court  having  jurisdiction,  a  decree  of 
cancellation  shall  be  entered;  and  if  the  corporation  has 
received  any  money  or  thing  of  value  for  the  said  stock, 
such  money  or  thing  of  value  shall  be  returned  to  the  in- 
dividual, firm,  company  or  corporation  from  whom  it  was 
received,  and  if  represented  by  labor  or  other  service  of  in- 
tangible nature,  the  value  thereof  shall  constitute  a  claim 
against  the  corporation  issuing  stock  in  exchange  therefor." 

Repeal  —  Change  of  article  —  Fees.  §5.  That  §  1615  of 
the  Code  be  and  the  same  is  hereby  repealed  and  the 
following  enacted  in  lieu  thereof: 

"Amendments  to  articles  of  incorporation  making 
changes  in  any  of  the  provisions  of  the  articles  may  be 
made  at  any  annual  meeting  of  the  stockholders  or  special 
meeting  called  for  that  purpose,  and  they  shall  be  valid 
only  when  recorded,  approved  and  published  as  the  original 
articles  are  required  to  be.  If  no  increase  is  made  in  the 
amount  of  capital  stock,  a  certificate  fee  of  one  dollar  an3 
a  recording  fee  of  10  cents  per  100  words  must  be  paid. 
No  recording  fee  less  than  50  cents.  Where  capital 
stock  is  increased  the  certificate  fee  shall  be  omitted,  but  a 
filing  fee  of  one  dollar  per  ?1,000  of  such  increase,  together 
with  a  recording  fee  of  10  cents  per  100  words,  shfll  be 
paid.  Such  amendments  need  only  bo  signed  and  acknowl- 
edged by  such  officers  of  the  corporation  as  may  be  desig- 
nated by  the  stockholders  to  perform  such  act." 

Repeal.  §  6.  That  §  1618b  of  the  supplement  to  the 
Code,  1907,  be  and  the  same  is  hereby  repealed. 

Foreign  corporations — Filing  articles.  §  7.  That  §  1637 
of  the  Code  be  and  the  same  is  hereby  amended  by  in- 
serting after  the  word  "business"  in  the  third  line  of  said 
section,  the  following,  "as  clearly  defined  and  restricted  by 
Its  articles  of  incorporation."  Also  by  striking  out  the 
comma  after  the  word  "attested,"  in  the  eighth  line  of  said 
section,  and  inserting  the  following,  "by  the  secretary  of 
State  or  other  State  oflJcer  in  whose  office  the  original 
article  was  filed." 

Approved  April  16,  A.  D.  1909. 

SAFETY    APPLIANCES    ON    SWITCH    ENGINKS. 

Be  it  enacted  6?/  the  general  assembly  of  the  State  of  Iowa: 
Headlights — Footboards — Orabrails.  §  1.  That  it  shall 
be  unlawful  for  any  railway  or  terminal  transfer  com- 
pany, or  any  corporation  operating  locomotives  in  switch- 
ing or  yard  service,  to  operate,  or  permit  the  same  to  be 
operated,  unless  said  locomotives  are  equipped  with  head- 
light on  both  front  and  rear  of  engine,  when  operated  be- 
tween sunset  and  sunrise,  and  all  such  engines  shall  be 
equipped  with  a  footboard  of  substantially  uniform  height, 
width  and  length,  securely  fastened  and  firmly  braced  to 
the  pilot  beam  in  front  of  engine,  and  a  similar  footboard 


on  rear  of  tank  or  tender  of  engines,  upon  which  employes 
may  stand  or  ride  when  their  duties  require  them  so  to  do, 
and  that  a  substantial  grabrail  or  rod  be  securely  fastened 
upon  said  pilot  beam  at  each  end  and  in  the  center,  at  a  . 
convenient  height  for  employes  to  reach  and  hold  onto 
with  their  hands,  said  rod  to  extend  across  the  full  length 
of  the  said  pilot  beam,  and  also  across  the  rear  end  beam 
of  said  tank  or  tender;  provided  that  the  provisions  of 
this  statute  shall  not  apply  to  switching  or  yard  service 
at  stations  or  places  where  regular  switch  engines  are  not 
employed  exclusively  as  switch  engines,  or  during  a  period 
of  not  exceeding  12  hours,  when  a  switch  engine  is  being 
cleaned  or  washed  out,  and  also  switching  by  work  trains, 
and  provided  further  that  where  regular  switch  engines 
are  disabled  by  accident,  or  in  need  of  repairs,  or  there 
is  an  unusual  or  unexpected  amount  of  work,  switching 
under  such  conditions,  with  ordinary  engines,  for  a  period 
of  not  to  exceed  48  hours,  shall  not  be  considered  a  viola-  | 
tion  of  this  statute.  ' 

Penalty.  §  2.  Any  person,  railway  company,  terminal  i 
transfer  or  other  corporation  or  company  who  violates  any 
of  the  provisions  of  §  1  of  this  Act  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  punished  by 
a  fine  of  not  less  than  $50  or  more  than  $500  for  any  such 
violation,  and  each  day  that  every  such  engine  is  oper- 
ated shall  constitute  a  separate  and  distinct  violation  c' 
this  Act. 

Approved  April  2,  A.  D.  1909. 


DRAINAGE  THROUGH  BIGHT  OF  WAY. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  loi 

Repeal — Drainage  across  lands  of  others — Application^ - 
Notice — Claims  for  damages.  §  1.  Section  1955  of  the  Coda  : 
is  hereby  repealed,  and  the  following  substituted  therefor: 
"Whenever  the  owner  of  any  land  shall  desire  to  coi  • 
struct  any  levee,  open  ditch,  tile  or  other  undergroun  1 
drain,  for  agricultural,  sanitary  or  mining  purposes,  or  f o  • 
the  purpose  of  securing  more  complete  drainage  or  a  bei  - 
ter  outlet,  across  the  lands  of  others,  or  across  or  throug  i 
the  right  of  way  and  roadbed  of  a  railroad,  and  sha!  1 
be  unable  to  agree  with  the  owner  of  any  such  lands,  o  • 
with  any  such  railroad  company,  through  whose  land  o  • 
property  he  desires  to  construct  the  same,  with  regard  1 1 
the  location  or  manner  of  constructing  any  such  ditct . 
drain  or  levee,  or  with  regard  to  the  compensation  to  b  i 
made,  or  with  regard  to  any  other  matter  properly  cor  ■ 
nected  therewith,  he  may  file  with  the  township  clerk  0' 
the  township  in  which  any  such  land  or  right  of  way  1 ;  ' 
situated,  an  application  in  writing,  setting  forth  a  de 
scription  of  the  land  or  other  property  through  which  h  s 
is  desirous  of  constructing  any  such  levee,  ditch  or  drair  , 
the  starting  point,  route,  terminus,  character,  size  anil 
depth  thereof.  Upon  the  filing  of  any  such  application,  th  < 
clerk  shall  forthwith  fix  a  time  and  place  for  hearin  r 
thereon  before  the  township  trustees  of  his  townshii , 
which  hearing  shall  be  not  more  than  90  days  nor  les! 
than  30  days  from  the  time  of  the  filing  of  such  appl- 
cation  and  thereupon  the  township  clerk  shall  caus  j 
notice  in  writing  to  be  served  upon  the  owne  • 
of  each  tract  of  land  across  which  any  such  levee,  dltc  i 
or  drain  is  proposed  to  be  located,  as  shown  by  the  tram  • 
f er  books  in  the  office  of  the  county  auditor,  and  also  upo  i 
the  person  in  actual  occupancy  of  any  such  lands  of  th ; 
pendency  and  prayer  of  such  application,  the  time  an  1 
place  set  for  hearing  on  the  same  before  the  townshi ) 
trustees,  which  notice,  of  the  residents  as  to  residents  ct 
the  county  and  railroad  companies,  shall  be  served  net 
less  than  10  days  before  the  time  set  for  such  hear- 
ing, in  the  manner  that  original  notices  are  required  to 
be  served.  In  case  any  such  owner  is  a  non-resident  cf 
the  county,  such  notice  as  to  him  shall  be  posted  in  threa 
public  places  within  the  township  where  his  land  is 
situated  at  least  15  days  before  the  time  set  for 
such  hearing,  one  of  which  places  shall  be  upon  the  land 
of  which  he  is  the  owner.  Such  notices  may  be  served 
upon  a  railroad  company  by  serving  the  same  upon  its 
nearest  station  agent.  If  at  the  hearing  it  should  appear 
that  any  person  entitled  to  notice,  as  provided  herein, 
has  not  been  served  with  notice  as  herein  provided,  the 
township  trustees  may  postpone  such  hearing  and  fix  a 
new  time  for  the  same  and  notice  of  such  new  day  of 
hearing  may  be  served  on  such  omitted  persons  in  the 


Public  Servioe  Laws 


541 


manner  and  for  the  same  length  of  time  provided  herein, 
and  by  fixing  such  new  day  for  hearing  and  by  adjourn- 
ment of  the  proceedings  to  such  time,  the  trustees  shall 
not  be  held  to  have  lost  jurisdiction  of  the  subject  matter 
of  such  proceeding  nor  of  any  persons  previously  served 
with  notice.  Any  person  or  corporation  claiming  dam- 
ages as  compensation  for  or  on  account  of  the  construc- 
tion of  any  such  improvement,  shall  file  a  claim  in  writ- 
ing therefor  with  the  township  clerk  at  least  two 
days  before  the  day  fixed  for  hearing  on  the  application 
and  a  failure  to  file  such  claim  at  the  time  specified  shall 
be  deemed  to  be  a  waiver  of  the  right  to  claim  or  recover 
such  damage.  The  term  'lands'  as  used  in  this  and  the 
next  section  shall  include  right-of-way  and  other  real 
estate  of  a  railroad  company." 

Repeal — Hearing — Action  of  trustees.  §  2.  Section  1957 
of  the  code  is  hereby  repealed  and  the  following  substi- 
tuted therefor: 

"At  the  time  set  for  hearing  on  any  such  application, 
the  trustees,  if  they  are  satisfied  that  the  provisions  of 
the  preceding  section  have  been  complied  with,  shall  pro- 
ceed to  hear  and  determine  the  sufficiency  of  the  applica- 
tion as  to  form  and  substance,  which  application  may  be 
amended  both  as  to  form  and  substance  before  final  ac- 
tion thereon.  They  shall  also  determine  the  merits  of 
the  application,  all  objections  thereto  and  all  claims  filed 
for  damages  that  may  be  occasioned  by  the  location  and 
construction  of  the  proposed  drainage  improvement,  and, 
if  deemed  necessary,  the  trustees  may  view  the  premises. 
The  trustees  may  adjourn  the  proceedings  from  day  to 
day,  but  no  adjournment  shall  be  for  a  longer  period  than 
10  days.  "When  the  time  for  final  action  shall  have 
arrived,  the  township  trustees  shall,  if  they  find  that  the 
levee,  ditch  or  drain  petitioned  for  will  be  beneficial  for 
sanitary,  agricultural  or  mining  purposes,  locate  the  same 
and  fix  the  points  of.  entrance  and  exit  of  such  land  or 
property,  the  course  of  the  same  through  such  tract  of 
land,  the  size,  character  aijd  depth  thereof,  when  and  in 
what  manner  the  same  shall  be  constructed,  how  kept  in 
repair,  what  connections  may  be  made  therewith,  what 
compensation,  if  any,  shall  be  made  to  the  owners  of 
such  land  or  property  for  damages  by  reason  of  the  con- 
struction of  any  such  improvements,  and  any  other  ques- 
tion arising  in  connection  therewith.  The  trustees  shall 
reduce  their  findings,  decision  and  determination  to  writ- 
ing, which  shall  be  filed  with  the  clerk  of  such  township, 
who  shall  record  it  in  his  book  of  records,  together  with 
the  application  and  all  other  papers  filed  in  connection 
therewith,  and  he  shall  cause  the  findings  and  decision  of 
the  trustees  to  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  in  which  such  land  is  situated, 
and  said  decision  shall  be  final  unless  appealed  from  as 
provided  in  the  next  section." 

Location  through  or  across  railroad  lands — Costs  and 
damages.  §  3.  Section  1959  of  the  Code  is  hereby  amended 
by  adding  after  the  period  at  the  end  thereof,  the  fol- 
lowing: 

"If  any  such  ditch  or  drain  shall  be  located  through  or 
across  the  right-of-way  or  other  land  of  a  railroad  com- 
pany, the  trustees  shall  determine  the  cost  of  construct- 
ing the  same  across  and  through  such  property  and  the 
railroad  company  shall  have  the  privilege  of  constructing 
such  improvement  through  its  property  in  accordance 
with  the  specifications  made  by  the  trustees  and  recover 
the  cost  thereof  as  fixed  by  the  trustees.  But  such  rail- 
road company  before  it  may  exercise  such  privilege  shall 
file  its  election  to  that  effect  with  the  township  clerk, 
within  five  days  after  the  decision  of  the  trustees  is 
filed,  and  in  case  such  election  is  filed  the  applicant  shall 
within  10  days  thereafter  pay  to  the  township  clerk  for 
the  use  of  the  railroad  company,  the  cost  of  construct- 
ing the  drainage  improvement  through  its  property,  in 
addition  to  the  amount  that  may  be  allowed  as  damages, 
and  when  the  railroad  company  shall  have  completed  the 
improvement  through  its  property  in  accordance  with 
such  specifications  it  shall  be  entitled  to  demand  and  re- 
ceive from  the  township  clerk  such  cost.  If  the  railroad 
company  shall  fail  to  so  construct  the  improvement  for  a 
period  of  30  days  after  filing  its  election  so  to  do,  the  ap- 
plicant may  proceed  to  do  so  and  may  have  returned  to 
him  the  cost  thereof  deposited  with  the  township  clerk." 

Approved  April  16,  A.  D.  1909. 


ANTI-POOLING    ACT. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Agreements,  contracts  or  combinations  to  fix  prices  pro- 
hibited. §1.  That  it  shall  be  unlawful  for  any  person, 
company,  partnership,  asociation  or  corporation  owning  or 
oi>erating  any  business  of  buying,  selling,  handling,  con- 
signing or  transporting  any  commodity  or  any  article  of 
commerce,  to  enter  into  any  agreement,  contract  or  com- 
bination with  any  other  dealer,  or  dealers,  partnership, 
company,  corporation  or  association  of  dealers,  whether 
within  or  without  the  state,  engaged  in  like  business,  for 
the  fixing  of  the  price  or  prices  at  which  any  commodity 
or  any  article  of  commerce  should  be  sold  by  different 
dealers  or  sellers;  or  to  divide  between  said  dealers  thei 
aggregate  or  net  proceeds  of  the  earnings  of  such  dealers 
and  sellers,  or  any  portion  thereof;  or  to  form,  enter 
into,  maintain,  or  contribute  money  or  anything  of  value 
to  any  trust,  pool,  combination  or  association  of  persons 
of  whatsoever  character  or  name,  which  has  for  any  of 
its  objects  the  prevention  of  full  and  free  competition 
among  buyers,  sellers,  or  dealers  in  any  commodity  or  any 
article  of  commerce;  or  to  do  or  permit  to  be  done  by 
his  or  their  authority  any  act  or  thing  whereby  the  free 
action  of  competition  in  the  buying  or  selling  of  any  com- 
modity or  any  article  of  commerce  is  restrained  or  pre- 
vented. 

Liability.  §  2.  That  in  case  any  person,  company,  part- 
nership, corporation  or  association,  trust,  pool  or  combina- 
tion of  whatsoever  name  shall  do,  cause  to  be  done,  or 
permit  to  be  done,  any  act,  matter  or  thing  in  this  act 
prohibited  or  declared  to  be  unlawful,  such  person,  part- 
nership, company,  association,  corporation,  trust,  pool  or 
combination  shall  be  liable  to  the  person,  partnership, 
company,  association  or  corporation  injured  thereby  for 
the  full  amount  of  damages  sustained  in  consequence  ot 
any  such  violation  of  the  provisions  of  this  act. 

Penalty.  %  3.  That  any  person,  partnership,  company, 
association  or  corporation  subject  to  the  provisions  of 
this  act,  or  any  person,  trust,  combination,  pool  or  asso- 
ciation, or  any  director,  officer,  lessee,  receiver,  trustee, 
employe,  clerk,  agent  or  any  person  acting  for  or  em- 
ployed by  them,  who  shall  violate  any  of  the  provisions 
of  section  one  of  this  Act,  or  who  shall  aid  and  abet  in 
such  violation,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  upon  conviction  thereof  be  fined  any  sum  not 
less  than  $500  and  not  exceeding  $2,000,  or  imprisoned  In 
the  county  jail  for  a  period  not  exceeding  six  months, 
or  both,  at  the  discretion  of  the  court.  It  shall  be  the 
duty  of  the  grand  jury  to  Inquire  into  and  ascertain  11 
there  exists  any  pool,  trust,  combination  or  violation  of 
any  provision  in  this  Act,  in  their  respective  counties. 

Approved  April  12,  A.  D.  1909. 

DRINKING    INTOXICATING    LIQUOR    OR    tTSING    OBSCENE    LANGUAGE 
ON   RAILWAY   PASSENGER  OR  STREET    CARS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Misdemeanor.  %  1.  Any  person  who  shall  drink  intoxi- 
cating liquors  as  a  beverage  on  any  passenger  railway 
car  or  street  car  in  service  or  who  shall  use  profane  or 
indecent  language  on  such  railway  or  street  car  shall  be 
guilty  of  a  misdemaanor. 

Powers  of  conductor.  §  2.  Any  conductor  of  a  railway 
train  or  street  car  carrying  passengers  shall  have  the 
right  to  refuse  to  permit  any  person,  not  in  the  custody 
of  an  officer,  to  enter  any  passenger  car  on  his  train  or 
street  car  in  his  charge  who  shall  be  in  a  state  of  intoxi- 
cation; and  shall  have  the  further  right  to  eject  from  his 
train  at  any  station  or  from  his  street  car  at  any  regular 
stop  any  person  found  in  a  station  of  intoxication  or  drink- 
ing intoxicating  liquors  as  a  beverage,  or  using  profane 
or  indecent  language  on  any  passenger  car  ot  his  train  or 
any  street  car  under  his  charge  and  for  that  purpose  may 
call  to  his  aid  any  employe  of  the  railway  or  street  car 
company. 

Approved  April  13,  A.  D.  1909. 

CABOOSE    CARS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  loiva: 
Applicable  to  all  railways  except  interurban.  §  1.  That 
the  provisions  of  this  Act  shall  apply  to  any  corporation 
or  to  any  person  or  persons  while  engaged  as  common 
carriers  in  the  transportation  by  railroads  of  passengers 


542 


National  Association  of  Railway  Commissioners 


or  property  within  tliis  state  except  Interurban  to  which 
the  regulative  power  of  this  sttae  extends. 

Cabooses  —  Miniinum  length  —  How  constructed  and 
equipped.  §  2.  That  from  and  after  the  first  day  of  Janu- 
ary, 1912,  it  shall  be  unlawful,  except  as  otherwise  pro- 
vided in  this  Act,  for  any  such  common  carrier  by  rail- 
road to  use  on  its  lines  any  caboose  car  or  other  car  used 
for  like  purposes,  unless  such  caboose  or  other  car  shall 
be  at  least  24  feet  in  length,  exclusive  of  the  platform  and 
equipped  with  two  four-wheel  trucks,  and  shall  be  provided 
w^ith  a  door  in  each  end  thereof  and  an  outside  platform 
across  each  end  of  said  car;  each  platform  shall 
not  be  less  than  18  inches  in  width  and  shall  be 
equipped  with  proper  guard  rails,  and  with  grab-irons 
and  hand  brakes  and  steps  for  the  safety  of  persons 
getting  on  and  off  of  said  car,  said  steps  shall  be  equipped 
with  a  suitable  rod,  board,  or  other  guard  at  each  end 
and  at  the  back  thereof,  properly  designated  to  prevent 
slipping  from  said  step.  Said  caboose  shall  be  provided 
with  cupola,  and  necessary  closets  and  windows.  And  be 
it  further  enacted  that  each  caboose  car  be  equipped  with 
an  emergency  air  valve,  and  air  gauge  which  shall  be 
placed  on  inside  of  said  car.  Provided,  that  the  provi- 
sions hereof  shall  not  apply  to  work  trains,  transfer  serv- 
ice or  emergencies  not  exceeding  36  hours. 

Cabooses  now  in  use.  §  3.  Whenever  any  such  caboose 
cars  or  other  cars  now  in  use  by  such  common  carriers 
as  provided  by  section  one  herein,  shall,  after  this  Act 
goes  into  effect,  be  brought  into  any  shop  for  general  re- 
pairs, it  shall  be  unlawful  to  again  put  the  same  into 
service  of  such  common  carriers  within  this  State,  unless 
It  is  equipped  as  provided  in  section  two  of  this  Act. 

Reasonable  extension  of  time.  §  4.  That  the  State  rail- 
road commission  is  hereby  authorized  to  give  to  any  com- 
mon carrier  aforesaid,  upon  full  hearing,  and  for  good 
cause  shown,  a  reasonable  extension  of  time  in  which  to 
comply  with  the  provisions  of  this  Act;  provided,  that  In 
no  case  shall  such  extension  in  the  aggregate  exceed  a 
period  of  one  year  from  the  time  herein  limited  for  com- 
pliance with  this  Act. 

Penalty.  §  5.  Any  common  carrier,  as  provided  in  §  1 
of  this  Act,  violating  any  of  the  provisions  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  |100  nor  more 
than  $500  for  each  offense. 

Approved  April  15,  A.  D.  1911. 

COMMKBCE  COUNSEL. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 

Appointment — Term  —  Removal.  §1.  That  there  is 
hereby  created  and  established  the  office  of  commerce 
counsel,  which  has  been  filled  by  an  attorney  of  the  State 
of  Iowa,  who  shall  be  appointed  by  the  board  of  railroad 
commissioners,  subject  to  the  approval  of  two-thirds 
of  the  members  of  the  senate  in  executive  session.  Dur- 
ing the  session  of  the  thirty-fourth  general  assembly,  and 
every  four  years  thereafter,  an  attorney  shall  be  ap- 
pointed as  said  commerce  counsel,  whose  term  of  office 
shall  be  for  a  period  of  four  years  commencing  on  the 
first  day  of  July  in  the  year  appointed  or  until  his  suc- 
cessor is  appointed  and  qualified.  The  board  of  railroad 
commissioners  may,  by  and  with  the  consent  of  the  sen- 
ate, during  a  session  of  the  general  assembly,  remove 
said  counsel  for  malfeasance  or  non-feasance  in  office,  or 
for  any  cause  that  renders  him  ineligible  for  appointment 
or  Incapable  or  unfit  to  discharge  the  duties  of  his  oflace; 
and  his  removal,  when  so  made,  shall  be  final.  A  va- 
cancy in  said  office  occurring  while  the  general  assembly 
Is  in  session,  shall  be  filled  for  the  unexpired  term,  by  an 
appointment  made  by  the  board  of  railroad  commission- 
ers, with  the  approval  of  two-thirds  of  the  members 
of  the  senate  in  executive  session.  If  the  general  assem- 
bly is  not  in  session,  then  the  said  vacancy  shall  be  filled 
by  an  appointment  made  by  the  board  of  railroad  com- 
missioners, which  appointment  shall  expire  30  days  from 
the   time  the  next  general  assembly  convenes. 

Eligibility.  §  2.  No  person  in  the  employ,  or  owning 
any  bonds,  stock  or  property,  in,  or  who  has,  in  any  way 
or  manner,  pecuniary  interest  in  any  corporation,  or  busi- 
"ness  subject  to  the  'Jurisdiction  of  the  state  board  of 
railroad  commissioners  or  Interstate  Commerce  Commis- 
sion, shall  be  eligible  to  said  office;  and  the  entering  into 


the  employ  of  or  acquiring  of  any  stock  or  other  interest 
in  any  such  corporation  or  business  by  said  attorney, 
after  his  election  or  appointment,  shall  disqualify  him 
from  holding  said  office  or  performing  the  duties  thereof. 
Said  commerce  counsel  shall  not  engage  in  any  other 
business,  vocation  or  employment  than  herein  specified; 
nor  shall  he  be  a  member  of  any  political  committee,  or 
contribute  to  any  political  campaign  fund,  or  take  any 
part  in  political  campaigns  or  be  a  candidate  for  any 
political  office,  during  his  term  as  commerce  counsel. 

Office — Salary — Rate  clerks — Traveling  expenses.  §  3. 
Said  commerce  counsel  shall  have  his  office  in  the  quar- 
ters assigned  to  the  board  of  railroad  commissioners 
and  he  shall  have  free  access  to  all  the  files,  documents, 
reports  and  papers  in  said  offices.  He  shall  have  the 
power  and  authority  to  appoint  and  remove,  subject  to 
the  approval  of  the  board  of  railroad  commissioners,  as- 
sistants, stenographers  and  rate  clerks  to  assist  him  in 
the  performance  of  his  duties,  the  salaries  and  expens<!8 
of  said  employes  to  be  paid  out  of  the  funds  at  the  dis- 
posal of  the  board  of  railroad  commissioners  and  subject 
to  the  order  of  said  board.  The  annual  salary  of  tte 
said  commerce  counsel  shall  be  $5,000.  Compensation  of 
all  assistants,  stenographers  and  rate  clerks  shall  te 
fixed  by  the  board  of  railroad  commissioners.  The  com- 
merce counsel  and  other  necessary  agents  and  experts 
shall  have  reimbursed  to  them  all  the  actual  and  neces- 
sary traveling,  and  all  other  expenses  and  disbursements 
Incurred  or  made  by  him  in  the  discharge  of  his  officii.l 
duties,  such  expenditures  to  be  approved  by  the  board  c  f 
railroad  commissioners,  and  paid  out  of  such  funds  as 
shall  be  appropriated  for  said  purpose  by  the  generi.l 
assembly. 

Appropriation.  §  4.  There  is  hereby  appropriated  froi  i 
any  funds  in  the  State  treasury,  not  otherwise  appn  - 
priated,  sufficient  amount  thereof  to  pay  the  salary  of  sal  1 
commerce    counsel. 

Duties.  §  5.  It  shall  be  the  duty  of  the  commerc  i 
counsel  to  diligently  investigate  the  reasonableness  ct 
the  rates  charged,  or  to  be  charged  for  services  rer  - 
dered,  or  to  be  rendered  by  the  railroad  companies,  ei- 
press  companies  and  all  other  individuals,  parties  o  • 
corporations,  subject  to  the  jurisdiction  of  the  said  boari 
of  railroad  commissioners,  and  it  shall  also  be  his  dut ' 
to  diligently  investigate  the  reasonableness  of  the  ratej , 
charges,  rules  and  practices  of  common  carriers  o: . 
interstate  transportation,  and  whenever  he  is  so  d:  - 
rected  by  the  board  of  railroad  commissioners,  or  wher  - 
ever,  in  the  judgment  of  the  said  attorney,  any  of  th 
said  rates,  charges,  rules  or  practices  are  undue,  unjust . 
unreasonable,  unlawful,  unduly  prejudicial  or  unjustl: 
discriminatory  against  any  of  the  citizens  or  Industrie ; 
of  the  State  of  Iowa,  it  shall  be  the  duty  of  the  sale 
attorney,  if  they  pertain  to  intrastate  business,  to  ir 
stitute  proceedings  relative  to  said  matters  and  ti  ■ 
prosecute  the  same  before  the  board  of  railroad  com- 
missioners; if  they  concern  interstate  transportation, 
he  shall  assist  the  board  of  railroad  commissioners, 
when  so  directed  by  the  said  board,  and  in  such  manne  • 
as  the  said  board  shall  specify,  in  the  prosecution  o' 
cases  involving  said  matters  before  the  Interstate  Con3- 
merce    Commission. 

In  effect.  §  6.  This  Act  being  deemed  of  immediat '. 
importance  shall  take  effect  and  be  in  force  from  and 
after  its  publication  in  the  Register  and  Leader  and  thi> 
Des  Moines  Capital,  newspapers  published  at  D*i_j 
Moines,  Iowa. 

Approved  April  11,  A.  D.  1911. 

APPROPRIATION. 

Railroad  commission.  §  6.  For  the  railroad  commission 
for  clerical  help,  for  the  period  ending  June  30,  1913, 
as  per  joint  resolution  No.  8,  the  sum  of  $12,800;  fo" 
traveling   and   all   other   expenses,   the   sum   of   $3,000. 

FOR  PROSECITTION  OF  INTERSTATE  RATK  CASES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Appropriation — Purpose.  §  1.  There  is  hereby  appro- 
priated out  of  the  funds  in  the  State  treasury,  not 
otherwise  appropriated,  the  sum  of  $25,000,  or  so  much 
thereof  as  may  be  necessary,  the  same  to  be  expended 
by  the  state  railroad  commission,  in  preparing  cases 
submitted  to  the  Interstate  Commerce  Commission  in- 
volving interstate  rates   affecting  Iowa. 


JJV^i     j 


Public  Sekvice  Laws 


543 


In  effect.  §  2.  This  Act  being  deemed  of  immediate 
importance,  shall  take  effect  and  be  in  force  from  and 
after  its  publication  in  the  Des  Moines  Capital  and 
Register  and  Leader,  newspapers  published  at  Des 
Moines,   Iowa. 

Approved  April  14,  A.  D.  1911. 

PREPARATION  OF  CASES  AFFECTING  IOWA  INTRASTATE  RATES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Appropriation — Purpose.  §  1.  There  is  hereby  appro- 
priated out  of  the  funds  in  the  State  treasury,  not  other- 
wise appropriated,  the  sum  of  $25,000,  or  so  much 
thereof  as  may  be  necessary,  same  to  be  expended  by 
the  State  railroad  commission  to  investigate  and  prepare 
cases   affecting  Iowa  intrastate  rates. 

In  effect.  §  2.  This  Act  being  deemed  of  immediate 
Importance,  shall  take  effect  and  be  in  force  from  and 
after  its  publication  in  the  Des  Moines  Capital  and 
the  Register  and  Leader,  newspapers  published  at  Des 
Moines,  Iowa. 

Approved  April  14,  A.  D.  1911. 

PITRCHASE   OF  RAILROAD   COMMISSIONERS'   OFFICIAL   ilAPS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Number  ordered — Distribution.  §  1.  The  railroad  com- 
missioners are  hereby  instructed  to  procure  20,000  copies 
of  the  railroad  commissioners'  offlcial  maps  of  Iowa, 
17,000  of  said  maps  to  be  printed  on  heavy  paper, 
mounted  and  with  tape  sides,  and  3,000  of  said  maps  to 
be  folded  and  enclosed  in  suitable  envelopes;  50  copies 
of  the  mounted  maps  to  be  delivered  on  request  to 
each  member  of  the  general  assembly,  and  the  remainder 
to  be  distributed  under  the  direction  of  the  railroad 
commissioners. 

Appropriation.  §  2.  There  is  hereby  appropriated,  out 
of  moneys  not  otherwise  appropriated,  the  sum  of  $3,200, 
or  so  much  thereof  as  shall  be  necessary  for  the  pur- 
pose herein  stated. 

In  effect.  §  3.  This  Act  being  deemed  of  immediate 
importance,  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication  in  the  Register  and 
Leader  and  the  Des  Moines  Daily  News,  newspapers 
published  at  Des  Moines,  Iowa. 

Approved  March  22,   A.   D.   1911. 

CAPITAL     STOCK     OF     RAILWAY     AND     MANUFACTURING     CORPORA- 
TIONS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  loica: 
What  to  be  considered  in  fixing  amount  of  capital  stock 
that  may  be  issued.  §  1.  That  §  1641b  of  the  supplement 
to  the  code,  1907,  be,  and  the  same  is  hereby,  amended 
by   adding  thereto   the  following: 

"Provided,  that  for  the  purpose  of  encouraging  the 
construction  of  new  steam  or  electric  railways  and 
manufacturing  industries  within  this  State,  the  labor 
performed  in  effecting  the  organization  and  promotion 
of  such  corporation,  and  the  reasonable  discount  al- 
lowed or  reasonable  commission  paid  in  negotiating  and 
effecting  the  sale  of  bonds  for  the  construction  and 
equipment  of  such  railroad  or  manufacturing  plant,  shall 
be  taken  into  consideration  as  elements  of  value  in 
fixing  the  amount  of  capital  stock  that  may  be  issued." 
Approved  April  14,  A.  D.  1911. 

EQUIPMENT    OF    STREET    CARS    WITH    POWER    BRAKES    AND    OTHER 
APPLIANCES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Power  brakes  and  sanding  appliances  on  double-truck 
cars.  §  1.  Every  person,  partnership,  company  or  corpora- 
tion owning  or  operating  a  street  railway  in  this  State 
shall  equip  all  of  its  double-truck  passenger  cars  with 
power  brakes  other  than  hand,  capable  of  bringing  such 
cars  to  a  stop  within  a  reasonable  distance,  together 
with  equipment  for  sanding  the  rails,  which  brake  and 
sand  equipment  shall  be  so  constructed  as  to  be  operated 
by  the  motorman  on  the  car  operated  by  him;  provided, 
however,  that  no  street  railway  shall  be  required  to  equip 
more  than  one-half  of  such  cars  now  in  operation  and 
not  so  equipped  before  January  1,  1912,  and  all  of  such  cars 
shall  be  equipped  before  January  1,  1913. 

Applicable  to  certain  single-truck  cars.  §  2.  All  single- 
truck  passenger  cars  over  32  feet  in  length  hereafter 
Installed  in  service  upon  street  railways  shall  be  equipped 


and  operated  ■  with  the  appliances  provided  for  double- 
truck  cars  in  §  1  of  this  Act. 

Penalty.  §  3.  Any  person  failing  to  comply  with  the 
terms  of  this  Act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  more  than  $25,  and  each  day's  operation 
of  any  car  in  violation  of  the  terms  of  this  Act  shall 
constitute  a  separate  offense. 

Approved  April   15,  A.  D.  1911. 

SHIPMENTS  OF  LIQUOR. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 

Shipments — How  made.  §  3.  Intoxicating  liquors  shipped 
under  the  provisions  of  this  Act  may  be  enclosed  in  the 
same  box,  package  or  carton  containing  other  drugs  or 
merchandise.  In  all  cases  of  such  shipments  of  intoxi- 
cating liquors  the  bill  of  lading  shall  set  out  that  in- 
toxicating liquors  are  in  the  shipment,  with  the  kind  and 
amount  of  the  same,  and  one  copy  of  the  bill  of  lading  shall 
be  signed  for  the  wholesale  drug  corporation  by  the  per- 
mit holder,  provided  for  in  §  1  of  this  Act,  or  any  officer 
of  such  drug  corporation. 

Common  carriers  to  receive  goods  for  shipment — When. 
§  4.  All  railway,  transportation  and  express  companies, 
and  other  common  carriers,  shall  receive  intoxicating 
liquors  from  corporations  conducting  a  wholesale  drug 
business  and  ship  to  registered  pharmacists  and  physi- 
cians. Before  receiving  such  shipments,  the  common 
carrier  shall  require  the  corporation  to  file  with  "it  a 
copy  of  the  permit  of  the  permit  holder  connected  with 
the  wholesale  drug  corporation  making  the  shipment,  said 
copy  to  be  certified  by  the  clerk  of  the  District  Court; 
the  affidavit  of  any  officer  of  the  corporation  that  said 
corporation  is  actually  and  in  good  faith  engaged  in  the 
v/holesale  sale  of  drugs  in  this  State,  and  that  the  permit 
holder  is  a  stockholder  in  the  drug  corporation;  and  with 
each  shipment  of  intoxicating  liquors  a  bill  of  lading, 
made  out  and  signed  as  provided  for  in  §  3  of  this  Act. 
The  foregoing  provisions  having  been  complied  with,  the 
common  carrier  shall  be  relieved  from  all  liabilities  other- 
wise imposed  by  law  for  the  transportation  of  intoxicat- 
ing liquor. 

Failure  to  comply.  §  5.  A  failure  to  comply  with  all  or 
any  of  the  provisions  of  this  Act  shall  render  the  person 
who  so  fails  to  comply  liable  to  all  the  penalties  other- 
wise imposed  by  law  for  the  sale  and  transportation  of 
intoxicating   liquors   within   the   State. 

"Corporation"  defined.  §  6.  The  term  corporation,  as 
used  in  this  Act,  shall  be  construed  to  include  corpora- 
tions, firms  and  persons  engaged  in  the  general  whole- 
sale drug  business  within  this  State. 

Approved  April  7,  A.  D.  1911. 

SWITCHING    SERVICE. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Iowa: 
Switching  service  defined.  §  1.  That  §  2125  of  the  Code 
be,  and  the  same  is  hereby,  amended  by  adding  to  said 
section,  after  the  word  "commissioners"  at  the  end  of 
said   section,   the   following: 

"The  switching  service  of  common  carriers  is  hereby 
defined  to  be  the  shifting  of  loaded  or  empty  cars  from 
one  main  line  or  siding  to  another  main  line  or  siding 
at  an  industry,  or  at  a  group  of  industries,  or  at  a  sta- 
tion, village  or  city  and  within  its  industrial  vicinity,  as 
may  be  defined  by  the  board  of  railroad  commissioners, 
by  means  of  switches  and  connecting  tracks." 

Schedule  of  reasonable  charges.  §  2.  That  §  2145  of  the 
Code  be,  and  the  same  is  hereby,  amended  by  adding  to 
said  section,  after  the  word  "therefor"  at  the  end  of  said 
section,   the   following: 

"Provided,  however,  that  nothing  in  this  section  shall 
be  construed  as  to  prevent  railroad  companies  or  the 
board  of  railroad  commissioners  from  establishing  sched- 
ules of  reasonable  charges  applicable  to  switching  serv- 
ices only,  and  which  shall  be  independent  of  any  schedule 
of  charges  which  may  be  provided  for  the  regular  line 
haul  freight  service  of  common  carriers." 

In  effect.  §  3.  This  Act  being  deemed  of  immediate 
Importance,  shall  take  effect  and  be  in  force  from  and 
after  its  publication  in  the  Register  and  Leader  and  the 
Des  Moines  Capita],  newspapers  published  at  Des  Moines, 
Iowa. 

Approved  April  8,  A.  D.  1911. 


644 


National  Association  of  Railway  Commissionebs 


PUBLIC   SERVICE  LAWS   OF  KANSAS 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  12. 

CORPORATIONS. 

Corporate  powers.  210.  §  1.  The  legislature  shall 
pass  no  special  Act  conferring  corporate  powers.  Cor- 
porations may  be  created  under  general  laws;  but  all 
8uch   laws   may  be  amended  or  repealed. 

Liability  of  stockholders.  211.  §  2.  Dues  from  corpo- 
rations shall  be  secured  by  the  individual  liability  of  the 
stockholders  to  the  amount  of  stock  owned  by  each 
stockholder,  and  such  other  means  as  shall  be  provided 
by  law;  but  such  individual  liability  shall  not  apply  to 
railroad  corporations  nor  corporations  for  religious  or 
charitable    purposes. 

Right  of  way.  213.  §  4.  No  right  of  way  shall  be  appro- 
priated to  the  use  of  any  corporation  until  full  com- 
pensation therefor  be  first  made  in  money,  or  secured 
by  a  deposit  of  money,  to  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corpora- 
tion. 

Term  corporations.  215.  §  6.  The  term  corporations, 
as  used  in  this  article,  shall  include  all  associations 
and  joint-stock  companies  having  powers  and  privileges 
not  possessed  by  individuals  or  partnerships;  and  all  cor- 
porations may  sue  and  be  sued  in  their  corporate  name. 

STATUTE  LAW. 

THE  PUBLIC  UTILITIES  COMMISSION  ACT,  1911. 

CHAPTER  238. 

RELATING  TO  PUBLIC  UTILITIES  AND  COMMON  CARRIERS. 

.  An  Act  relating  to  public  utilities  and  common  carriers, 
being  an  Act  creating  the  public  utilities  commission 
for  the  State  of  Kansas,  prescribing  its  powers  and 
duties  and  providing  for  the  regulation  and  control 
of  public  utilities  and  common  carriers,  and  provid- 
ing penalties  for  the  violation  of  the  provisions  of 
this  Act,  and  repealing  original  §§  7063,  7064,  7065 
and  7066  of  the  General  Statutes  of  Kansas  of  1909. 
Be  it  enacted  hy  the  legislature  of  the  State  of  Kansas: 

Creation  and  general  powers.  §  1.  The  board  of  rail- 
road commissioners  of  the  State  of  Kansas  is  hereby 
constituted  and  created  a  public  utilities  commission  for 
the  State  of  Kansas,  and  such  commission  is  given  full 
power,  authority  and  jurisdiction  to  supervise  and  con- 
trol the  public  utilities  and  all  common  carriers,  as  here- 
inafter defined,  doing  business  in  the  State  of  Kansas, 
and  is  empowered  to  do  all  things  necessary  and  con- 
venient for  the  exercise  of  such  power,  authority  and 
Jurisdiction. 

Powers  of  railroad  hoard  conferred.  §  2.  All  laws  relat- 
ing to  the  powers,  duties,  authority  and  jurisdiction  of 
the  board  of  railroad  commissioners  of  this  State  are 
hereby  adopted,  and  all  powers,  duties,  authority  and 
jurisdiction  by  said  laws  imposed  and  conferred  upon 
the  said  board  of  railroad  commissioners,  relating  to 
common  carriers,  are  hereby  imposed  and  conferred 
upon  the  commission  created  under  the  provisions  of 
this   Act. 

Definitions.  §  3.  The  term  "public  utility,"  as  used  in 
this  Act,  shall  be  construed  to  mean  every  corporation, 
company,  individual,  association  of  persons,  their  trus- 
tees, lessees  or  receivers,  that  now  or  hereafter  may 
own,  control,  operate  or  manage,  except  for  private  use, 
any  equipment,  plant,  generating  machinery,  or  any  part 
thereof,  for  the  transmission  of  telephone  messages 
or  for  the  transmission  of  telegraph  messages  In  or 
through  any  part  of  the  State,  or  the  conveyance  of  oil 
and  gas  through  pipe  lines  in  or  through  any  part  of  the 
State,  except  pipe  lines  less  than  15  miles  in  length  and 
not  operated  in  connection  with  or  for  the  general  com- 
mercial supply  of  gas  or  oil,  or  for  the  operation  of  any 
trolley  lines,  street,  electrical  or  motor  railway  doing 
business  in  any  county  in  the  State;  also  all  dining-car 
companies  doing  business  within  the  State,  and  all  com- 
panies for  the  production,  transmission,  delivery  or  fur- 
nishing  of  heat,   light,    water   or   power;    provided,   that 


this  Act  shall  not  refer  to  or  include  mutual  telephone 
companies.  That  mutual  telephone  companies,-  for  the 
purposes  of  this  Act,  shall  be  understood  to  mean  any 
co-operative  telephone  company  operating  only  for  the 
mutual  benefit  of  its  subscribers  without  profit  other 
than  in  the  service  received.  Nothing  in  this  Act  shall 
apply  to  any  public  utility  in  this  State  owned  and 
operated  by  any  municipality.  The  power  and  authority 
to  control  and  regulate  all  public  utilities  and  common 
carriers  situated  and  operated  wholly  or  principally 
within  any  city  or  principally  operated  for  the  benefit 
of  such  city  or  its  people,  shall  be  vested  exclusively  in 
such  city,  subject  only  to  the  right  to  apply  for  relief 
to  said  public  utilities  CGmmlssion,  as  hereinafter  pro- 
vided in  §  33  of  this  Act. 

Definition  of  "common  carrier."  §  4.  The  term  "com- 
mon carriers,"  as  used  in  this  Act,  shall  include  all 
railroad  companies,  express  companies,  street  railroads, 
suburban  or  interurban  railroads,  sleeping-car  compiu- 
nies,  freight-line  companies,  equipment  companies,  plpo- 
line  companies,  and  all  persons  and  associations  of  pei'- 
sons,  whether  incorporated  or  not,  operating  such  agen- 
cies for  public  use  in  the  conveyance  of  persons  or 
property  within  this  State. 

Appointment  and  construction  of  board.  §  5.  The  pres- 
ent members  of  the  board  of  railroad  commissionen , 
which  board  has  been  constituted  and  created  by  this 
Act  as  a  public  utilities  commission,  shall  retain  their 
respective  offices  for  the  terms  for  which  they  wer ) 
elected  and  until  their  successors  are  appointed  anl 
qualified  and  shall  receive  no  additional  salary  as  men  • 
bers  of  the  public  utilities  commission.  Thereafter,  th  > 
said  public  utilities  commission  shall  be  composed  ot 
three  commissioners,  who  shall  be  appointed  by  the  go^  - 
ernor,  by  and  with  the  advice  and  consent  of  the  senatt , 
one  of  whom  shall  be  a  practical,  experienced  busines ; 
man,  and  one  experienced  in  the  management  or  opers- 
ticn  of  a  common  carrier  or  public  utility.  Of  sucK 
three  persons,  one  shall  be  appointed  and  designated  t> 
serve  for  a  term  of  one  year,  one  for  a  term  of  twi) 
years  and  one  for  a  term  of  three  years,  said  term  t«  > 
begin  upon  the  qualifications  of  the  person  appoints  i 
therefor.  Upon  the  expiration  of  the  terms  of  the  thre 
commissioners  first  to  be  appointed  as  aforesaid,  eacl 
commissioner  shall  be  appointed  and  shall  hold  his  offi&  ■ 
for  the  term  of  three  years,  and  until  his  successor  shal 
have  been  qualified.  In  case  of  a  vacancy  in  the  ofil^  ■ 
of  the  commission,  the  governor  shall  appoint  his  8u<  ■ 
cessor  to  fill  the  vacancy  for  the  unexpired  term.  Afte  ■ 
the  expiration  of  the  present  term  of  the  present  men:- 
bers  of  said  commission,  the  salary  of  each  commissione  ■ 
shall  be  $4,000  per  year;  provided,  that  not  more  thai, 
two  members  of  said  public  utility  commission  shall  b'l 
of  the  same  political  party. 

The  secretary  of  the  commission.  §  6.  The  secretar:  ■ 
for  the  board  of  railroad  commissioners  shall  hereafte  • 
be  the  secretary  of  the  public  utilities  commission,  anil 
his  office  shall  hereafter  be  known  as  the  office  of  th' 
secretary  of  the  public  utilities  commission,  and  he  shall 
receive  the  same  salary  as  is  now  prescribed  by  law  fo  • 
the  secretary  of  the  board  of  railroad  commissioners,  and 
he  shall  be  appointed  by  the  public  utilities  commis- 
sion in  the  manner  and  for  the  time  as  is  now  pre- 
scribed by  law  for  the  appointment  of  a  secretary  of 
the  board  of  railroad  commissioners;  and  he  shall  havo 
the  powers  and  perform  the  duties  now  devolving  upo)i 
the   secretary  of   the   board   of  railroad   commissioners. 

The  attorney  for  the  commission.  §  7.  The  attorney  for 
the  board  of  railroad  commissioners  shall  hereafter  b  5 
the  attorney  of  the  public  utilities  commission,  and  his 
office  shall  hereafter  be  known  as  the  office  of  the  a1- 
torney  of  the  public  utilities  commission,  and  he  shall 
receive  a  salary  of  $2,500  per  year,  and  he  shall  bJ 
appointed  by  the  commission  for  a  term  of  two  years:, 
and  he  shall  have  the  same  powers  and  perform  the 
duties  now  devolving  upon  the  attorney  for  the  board 
of  railroad  commissioners;  and  he  shall  act  as  counsel 
for   the   public    utilUies    commission,    and    perform    such 


Public  Service  Laws 


545 


other  duties  as  shall  be  imposed  on  him  by  the  public 
utilities  commission.  He  shall  appoint  a  stenographer, 
who  shall  receive  a  salary  of  $1,200  per  annum. 

Qualifications  and  powers  of  commissioners  and  officers. 
§  8.  No  person  owning  any  bonds,  stock  or  property  in 
any  railroad  company  or  ether  common  carrier  or  public 
utility,  or  who  is  in  the  employment  of,  or  who  is  in 
any  way  or  manner  pecuniarily  interested  in,  any  railroad 
company  or  other  common  carrier  or  public  utility,  shall 
be  eligible,  except  as  hereinafter  provided,  to  the  office 
of  commissioner,  attorney  or  secretary  of  said  commis- 
sion, nor  shall  such  commissioner,  attorney  or  secretary 
hold  any  office  of  profit  or  any  position  under  any  com- 
mittee of  any  political  party,  or  hold  any  other  position 
of  honor,  profit  or  trust  under  or  by  virtue  of  any  of  the 
laws  of  the  United  State  or  of  the  State  of  Kansas. 
Said  commissioners  shall  be  qualified  electors  of  the 
State,  and  shall  not,  while  such  commissioners,  engage 
in  any  occupation  or  business  inconsistent  with  their 
duties  as  such  commissicners.  And  if  any  member  of 
the  commission,  at  the  time  of  his  appointment,  shall 
own  any  bonds,  stock  or  property  in  any  railroad  com- 
pany or  other  common  carrier  or  public  utility,  or  is  in 
the  employment  of,  or  is  in  any  way  or  manner  pe- 
cuniarily interested  in  any  railroad  company  or  any  com- 
mon carrier  or  public  utility,  such  commissioner  or 
other  appointee  shall,  within  30  days,  divest  himself  of 
such  interest  or  employment,  and  upon  his  failing  to  do 
so  he  shall  forfeit  his  office,  and  the  governor  shall  re- 
move such  commissioner  and  shall  appoint  his  successor, 
who  shall  hold  until  a  successor  is  appointed  and  quali- 
fied. Each  of  said  commissioners,  attorney  and  secre- 
tary shall  be  sworn,  before  entering  upon  the  discharge 
of  the  same,  to  faithfully  perform  the  duties  of  the 
respective  offices.  Each  of  said  commissioners  shall 
enter  into  a  bond,  with  security  to  be  approved  by  the 
governor,  in  the  sum  of  $10,000,  conditioned  for  the 
faithful  performance  of  his  duties.  Said  commissioners 
shall  have  the  power  to  appoint  one  rate  clerk,  who 
shall  be  an  expert,  and  who  shall  receive  a  salary  of 
not  to  exceed  $5,000  a  year;  one  stenographer  who  shall 
receive  a  salary  of  $1,000  per  year;  one  stenogi'apher  who 
shall  receive  a  salary  of  $900  per  year,  and  two  clerks 
who  shall  receive  a  salary  of  $900  per  annum  each;  and 
said  public  utilities  commission  is  also  authorized  and 
empowered  to  employ,  subject  to  the  approval  of  the 
governor,  such  other  extra  accountants,  engineers,  ex- 
perts and  special  assistants  as,  in  its  judgment,  may  be 
necessary  and  proper  to  carry  the  provisions  of  this  Act 
into  effect  and  fix  their  compensation;  and  such  rate 
clerk,  stenographers  and  clerks  shall  hold  their  office 
during  the  pleasure  of  said  commission;  provided,  that 
no  person  related  by  blood  or  marriage  to  any  member 
of  such  commission  shall  be  employed  or  appointed  to 
any  place  or  position  under  the  provisions  of  this  Act. 

Powers  of  commission.  §  9.  The  commission  shall  have 
power  to  adopt  reasonable  and  proper  rules  and  regula- 
tions to  govern  its  proceedings  including  the  assessment 
and  taxation  of  costs  on  any  complaint  provided  for  in 
§  33  hereof,  and  to  regulate  the  mode  and  manner  of 
all  investigations,  tests,  audits,  inspections  and  hearings 
not  specifically  provided  for  herein.  The  commission 
may  confer  with  officers  of  other  States  and  officers  of 
the  United  States  on  any  matter  pertaining  to  their  official 
duties. 

Rates  of  charges,  service,  etc.  §  10.  Every  common  car- 
rier and  public  utility  governed  by  the  provisions  of  this 
Act  shall  be  required  to  furnish  reasonably  efficient  and 
sufficient  service,  joint  service  and  facilities  for  the  use 
of  any  and  all  products  or  services  rendered,  furnished, 
supplied  or  produced  by  such  public  utility  or  common 
carrier  and  to  establish  just  and  reasonable  rates,  joint 
rates,  fares,  tolls,  charges  and  exactions  and  to  make 
just  and  reasonable  rules,  classifications  and  regulations; 
and  every  unjust  or  unreasonable  discriminatory  or  un- 
duly preferential  rule  or  regulation,  classification,  rate, 
joint  rate,  fare,  toll  or  charge  demanded,  exacted  or  re- 
ceived is  prohibited  and  hereby  declared  to  be  unlawful 
and  void,  and  the  public  utilities  commission  shall  have 
the  power,  after  notice  and  hearing  of  the  interested 
parties,  to  require  any  common  carriers  and  all  public 
utilities  governed  by  the  provisions  of  this  Act  to  estab- 


lish and  maintain  just  and  reasonable  joint  rates  wher- 
ever the  same  are  reasonably  necessary  to  be  put  in,  in 
order  to  maintain  reasonably  sufficient  and  efficient  serv- 
ice from  such  public  utilities  and  common  carriers. 

Filing  schedules  of  rates.  §  11.  Every  public  utility 
and  every  common  carrier  doing  business  in  Kansas, 
ever  which  the  public  utilities  commission  have  control, 
shall  publish  and  file  with  the  public  utilities  commission 
copies  of  all  schedules  of  rates,  joint  rates,  tolls,  fares, 
charges,  classifications  and  divisions  of  rates  affecting 
Kansas  traffic,  either  state  or  interstate,  and  shall  fur- 
nish said  commission  with  copies  of  all  rules,  regula- 
tions and  contracts  between  common  carriers  or  public 
utilities  pertaining  to  any  and  all  services  to  be  ren- 
dered by  such  public  utility  or  common  carrier.  The  pub- 
lic utilities  commission  shall  have  power  to  prescribe 
reasonable  rules  and  regulations  regarding  the  printing 
and  filing  of  all  schedules,  tariffs  and  classifications  of  all 
rates,  joint  rates,  tells,  fares,  charges  and  all  rules  and 
regulations  of  such  public  utilities  and  common  carriers. 

Charging  more  than  published  rate.  §  12.  No  common 
carrier  or  public  utility  governed  by  the  provisions  of 
this  Act  shall,  knowingly  or  wilfully,  charge,  demand, 
collect  or  receive  a  greater  or  less  compensation  for 
the  same  class  of  service  performed  by  it  within  the 
State,  or  for  any  service  in  connection  therewith,  than  is 
specified  in  the  printed  schedules  or  classifications,  in- 
cluding schedules  of  joint  rates;  or  demand,  collect  or 
receive  any  rate,  joint  rate,  toll,  fare  or  charge  npt 
specified  in  such  schedule  or  classification;  provided, 
that  rates  different  from  those  specified  in  the  printed 
schedule  or  classification  of  rates  may  be  charged  by 
any  public  utility,  street  or  interurban  railway,  by  agree- 
ment with  the  customer,  in  cases  of  charity,  emergency, 
festivity  or  public  entertainment;  provided,  that  any 
utility  governed  by  the  provisions  of  this  Act  may  grant 
to  the  officers,  employes  and  agents  of  such  utilities  free 
or  reduced  rates  or  service  upon  like  terms  and  in  the 
same  manner  as  is  now  provided  by  law  relating  to 
common    carriers. 

Complaints,  investigations,  orders.  §  13.  It  shall  be  the 
duty  of  the  commission,  either  upon  complaint  or  upon 
its  own  initiative,  to  investigate  all  rates,  joint  rates, 
fares,  tolls,  charges  and  exactions,  classifications  or 
schedules  of  rates,  or  joint  rates  and  rules  and  regula- 
tions, and  if,  after  full  hearing  and  investigation,  the 
commission  shall  find  that  such  rates,  joint  rates,  fares, 
tolls,  charges  or  .exactions,  classifications  or  schedules 
of  rates  or  joint  rates,  or  rules  and  regulations,  are  un- 
just, unreasonable,  unjustly  discriminatory  or  unduly 
preferential,  the  commission  shall  have  power  to  fix  and 
order  substituted  therefor  such  rate  or  rates,  fares,  tolls, 
charges,  exactions,  classifications  or  schedules  of  rates 
or  joint  rates  and  such  rules  and  regulations  as  shall  be 
just  and  reasonable.  If,  upon  any  investigation,  it  shall 
be  found  that  any  regulation,  measurement,  practice,  act 
or  service  complained  of  is  unjust,  unreasonable,  un- 
reasonably inefficient,  insufficient,  unduly  preferential, 
unjustly  discriminatory,  or  otherwise  in  violation  of  any 
of  the  provisions  of  this  Act  or  of  the  orders  of  this 
commission,  or  if  it  be  found  that  any  service  is  inade- 
quate or  that  any  reasonable  service  cannot  be  obtained, 
the  commission  shall  have  power  to  substitute  therefor 
such  other  regulations,  measurements,  practices,  service 
or  acts,  and  to  make  such  order  respecting  any  such 
charges  in  such  regulations,  measurements,  practices, 
service  cr  acts  as  shall  be  just  and  reasonable.  When- 
ever, in  the  judgment  of  the  public  utilities  commission, 
public  necessity  and  convenience  require,  the  commission 
shall  have  power  to  establish  just  and  reasonable  con- 
centration, commodity,  transit  or-  other  special  rates, 
charges  cr  privileges,  but  all  such  rates,  charges  and 
privileges  shall  be  open  to  all  users  of  a  like  kind  of 
service  under  similar  circumstances   and   conditions. 

Complaints,  investigations,  orders.  §  14.  Upon  a  com- 
plaint in  writing  made  against  any  common  carrier  or 
public  utility  governed  by  the  provisions  of  this  Act,  by 
any  mercantile,  agricultural  or  manufacturing  organiza- 
tion or  society,  or  by  any  Ijody  politic  or  municipal 
organization,  or  by  any  taxpayer,  firm,  corporation  or 
association,   that  any  of  the   rates   or  joint  rates,  fares. 


546 


National  Association  of  Railway  Commissioners 


tolls,  charges,  rules,  regulations,  classifications  or  sched- 
ules of  such  public  utility  or  common  carrier  are  in 
any  respect  unreasonable,  unfair,  unjust,  unjustly  dis- 
criminatory or  unduly  preferential,  or  both,  or  that  any 
regulation,  practice  or  act  whatscever  affecting  or  re- 
lating to  any  service  performed  or  to  be  performed  by 
such  public  utility  or  common  carrier  for  the  public,  is 
in  any  respect  unreasonable,  unfair,  unjust,  unreason- 
ably inefficient,  insufficient,  unjustly  discriminatory,  or 
unduly  preferential,  or  that  any  service  performed  or 
to  be  performed  by  such  public  utility  or  common  car- 
rier for  the  public  is  unreasonably  inadequate,  inefficient, 
unduly  insufficient  or  cannot  be  obtained,  the  commis- 
sioners shall  proceed,  with  or  without  notice,  to  make 
such  investigation  as  they  may  deem  necessary.  The 
commissioners  may,  upon  their  own  motion,  and  without 
any  complaint  being  made,  proceed  to  make  such  inves- 
tigation, but  no  order  affecting  such  rates,  joint  rates, 
tolls,  charges,  rules,  regulations  and  classifications,  sched- 
ules, practices  or  acts  complained  of  shall  be  mad©  or 
entered  by  the  commission  without  a  formal  public 
hearing,  of  which  due  notice  shall  be  given  by  the 
commission  to  such  public  utility  or  common  carrier  or 
to  such  complainant  or  complainants,  if  any.  Any  public 
investigation  or  hearing  which  such  commission  shall 
have  power  to  make  or  to  hold  may  be  made  or  held 
before  any  one  or  more  commissioners,  and  all  inves- 
tigations, hearings,  decisions  and  orders  made  by  a  com- 
missioner shall  be  deemed  and  held  to  be  the  investiga- 
tions, hearings,  decisions  and  orders  of  the  public  utilities 
commission,  when  approved  and  filed  by  such  commission 
and  filed  in  their  office,  and  the  commission  shall  have 
power  to  require  such  public  utilities  and  common  car- 
rier to  make  such  improvements  and  do  such  acts  as 
are  or  may  be  required  by  law  to  be  done  by  such  public 
utility  or  common  carrier. 

Notice,  hearing  and  evidence.  §  15.  Whenever  notice 
shall  be  required  by  the  provisions  of  this  Act  to  be 
given  any  common  carrier  or  public  utility  governed  by 
the  provisions  of  this  Act,  and  the  complainant,  or 
either  of  them,  thirty  days'  written  or  printed  notice  of 
the  time  and  place  when  and  where  such  investigation 
or  hearing  will  be  had  shall  be  given,  such  notice  to 
be  served  by  mailing  a  copy  thereof  to  the  public  utility 
or  common  carrier  and  complainant.  Such  notice  shall 
emhcdy  in  substance  the  complaint,  if  any,  made  against 
the  public  utility  or  common  carrier  upon  which  the 
hearing,  investigation  and  decision  of  the  public  utilities 
commission  is  requested  or  on  which  it  will  be  given. 
The  public  utility  or  common  carrier,  or  the  complainant 
or  complainants,  if  any,  shall  be  entitled  to  be  heard, 
and  shall  have  process  to  enforce  the  attendance  of 
witnesses  and  the  production  of  books,  papers,  maps, 
contracts,  reports  and  records  of  every  description  affect- 
ing the  subject  matter  of  the  investigation.  The  public 
utilities  commission  may,  without  praecipe  or  demand 
therefor,  require  the  production  of  any  books,  papers, 
contracts,  records  or  other  documents  in  the  possession 
of  or  under  the  control  of  the  common  carrier,  public 
utility,  complainant  or  complainants,  affecting  the  subject 
matter  of  the  controversy. 

Orders  of  the  commission.  §  16.  If  upon  such  hearing 
and  investigation  the  rates,  joint  rates,  fares,  tolls, 
charges,  rules,  regulations,  classifications,  or  schedules  of 
such  common  carrier  or  public  utility  governed  by  the 
provisions  of  this  Act.  are  found  to  be  unjust,  unrea- 
sonable, unfair,  unjustly  discriminatory  or  unduly  pref- 
erential, or  in  anywise  in  violation  of  the  provisions 
of  this  Act,  or  of  any  of  the  laws  of  the  State  of 
Kansas,  the  public  utilities  commission  shall  have  the 
IX)wer  to  fix  and  establish,  and  to  order  substituted 
therefor,  such  rates,  joint  rates,  fares,  tolls,  charges, 
rules,  regulations,  classifications  or  schedules  as  it  shall 
find,  determine  or  decree  to  be  just,  reasonable  and 
necessary;  and  if  it  shall  be  found  that  any  regulation, 
practice  or  act  whatsoever,  relating  to  any  service  per- 
formed or  to  be  performed  by  such  public  utility  or 
common  carrier  for  the  public  in  any  respect  unreason- 
able, unjust,  unfair,  unreasonably  inefficient,  insufficient, 
unju8.tly  discriminatory  or  unduly  preferential,  or  other- 
wise In  violation  of  any  of  the  provisions  of  this  Act, 
or  of  any  of  the  laws  of  the  State  of  Kansas,  the  public 


utilities  commission  shall  have  full  power,  authority 
and  jurisdiction  to  substitute  therefor  such  other  regu- 
lations, practice,  service  or  act  as  they  find  and  deter- 
mine to  be  just,  reasonable  and  necessary.  All  orders 
and  decisions  of  the  public  utilities  commission  whereby 
any  rates,  joint  rates,  fares,  tolls,  charges,  rules,  regu- 
lations, classifications,  schedules,  practices  or  acts  re- 
lating to  any  service  performed  or  to  be  performed  by 
such  public  utility  or  common  carrier  for  the  public 
are  altered,  changed,  modified,  fixed  or  established,  shall 
be  reduced  to  writing,  and  a  copy  thereof,  duly  certified, 
shall  be  served  on  the  public  utility  or  common  carrier 
affected  thereby,  by  registered  mail;  and  such  order  and 
decision  shall  become  operative  and  effective  within  thirty 
days  after  such  service,  and  such  public  utility  or  com- 
mon carrier  shall,  unless  an  action  is  commenced  in 
a  court  of  proper  jurisdiction  to  set  aside  the  findings, 
orders  and  decisions  of  said  public  utilities  commission, 
or  to  review  and  correct  the  same,  carry  the  provisions 
of  said  order  into  effect. 

Compelling  witnesses  to  testify.  §  17.  No  person  shsll 
be  excused  from  testifying  or  from  producing  any  boohs, 
accounts,  maps,  papers  or  documents  in  any  action  or 
proceeding,  based  upon  or  growing  out  of  any  alleged 
violation  of  any  of  the  provisions  of  this  Act,  on  tlie 
ground  or  for  the  reason  that  the  testimony  or  evidence, 
documentary  or  oral,  required  from  him,  may  tend  to 
incriminate  him  or  subject  him  to  penalty  or  forfeitur;; 
but  no  person  having  so  testified  shall  be  prosecutrd 
or  subject  to  any  penalty,  punishment  or  forfeiture  on 
account  of  any  transaction,  matter  or  thing  concernirg 
which  he  may  have  testified  or  produced  any  docu- 
mentary evidence,  providing  that  no  person  so  testify- 
ing shall  be  exempted  from  prosecution  or  punishme  it 
for  perjury  committed  in  so  testifying. 

Orders  in  effect — Reasonable.  §18.  All  orders,  regula- 
tions, practices,  services,  rates,  fares,  charges,  classii- 
cations,  tolls,  and  joint  rates  fixed  by  the  commissi(  n 
shall  be  in  force  and  effect  on  and  after  30  days  fro  n 
the  making  thereof  and  expiration  of  30  days  after  serv- 
ice aforesaid,  shall  be  prima  facie  reasonable  unles  3, 
or  until,  changed  or  modified  by  the  commission  or  n 
pursuance  of  proceedings  instituted  in  court  as  pr  > 
vided    in    this   Act. 

Orders  to  6e  in  effect.  §  19.  All  findings,  rates,  jol:  it 
rates,  fares,  tolls,  charges,  rules,  regulations,  classific  i- 
tions  and  schedules  fixed  and  established  by  the  pu  )- 
lie  utilities  commission  shall  be  in  full  force  and  effe<  t, 
and  aU  regulations,  practices,  services  and  acts  pi  ^^ 
scribed  or  required  by  the  public  utilities  commissi!  n 
to  be  done  or  carried  into  effect  unless  otherwise  foui  d 
and  determined  or  stayed  by  a  court  of  competent  jur  3- 
diction  as  hereinafter  provided. 

Making  changes  in  rates.  §  20.  Whenever  any  commi  n 
carrier  or  public  utility  governed  by  the  provisions  )t 
this  Act  shall  desire  to  make  any  change  in  any  raie, 
joint  rate,  toll,  charge  or  classification  or  schedule  )f 
charges,  or  in  any  rule  or  regulation  or  practice  pertaia- 
ing  to  the  service  or  rates  of  any  such  public  utility  jr 
common  carrier,  such  public  utility  or  common  carri  3r 
shall  file  with  the  public  utilities  commission  a  schedv  le 
showing  the  changes  desired  to  be  made  and  put  in  for:e 
by  such  public  utility  or  common  carrier,  and  su  ;li 
changes  shall  be  plainly  indicated  by  proper  reference 
marks  in  amendments  or  supplements  to  existing  tarlf's, 
schedules  or  classifications,  or  in  new  issues  there  )f. 
No  change  shall  be  made  in  any  rate,  toll,  charge  or 
classification  or  schedule  of  charges,  joint  rates,  or  ia 
any  rule  or  regulation  or  practice  pertaining  to  the  seiv- 
ice  or  rates  of  any  such  public  utility  or  common  car- 
rier, without  the  consent  of  the  commission,  and  wittin 
30  days  after  such  changes  have  been  authorized  by 
said  public  utilities  commission,  then  copies  of  all  tariffs, 
schedules,  and  classifications,  and  all  rules  and  regula- 
tions, shall  be  filed  in  every  station,  office  or  dejot 
of  every  such  public  utility  and  every  common  carrer 
in  this  State,  for  public  inspection. 

Setting  aside  orders.  §  21.  Any  common  carrier  or  pub- 
lic utility  governed  by  the  provisions  of  this  Act,  or 
other  party  in  Interest,  being  dissatisfied  with  any  order 
of  the  commission  fixing  any  valuation,  toll,  rate,  joint 
rate,  fare,  charge  or  findings,  rules  or  regulations,  classl- 


Public  Service  Laws 


547 


ficatlons,  schedules,  or  any  order  or  ruling  fixing  any 
regulations,  practices  or  service,  or  order  or  ruling 
relating  to  the  issuance  of  stocks,  bonds  or  other  securi- 
ties hereinafter  provided  may,  within  30  days  from  the 
making  of  such  order,  commence  an  action  in  a  court 
of  competent  jurisdiction,  against  the  public  utilities 
commission  as  defendant,  to  vacate  and  set  aside  any 
such  order,  finding  or  decision  of  the  public  utilities 
commission  on  the  ground  that  the  valuation,  toll,  rate, 
joint  rate,  fare,  charges,  orders,  rules,  regulations,  find- 
ings, classifications  or  schedules  in  such  decision,  are 
unlawful  or  unreasonable,  or  that  any  such  regulation, 
valuation,  practice  or  service  fixed  in  such  order  or  de- 
cision is  unreasonable.  All  actions  brought  under  this 
section  shall  have  precedence  in  any  court,  and,  on  mo- 
tion, shall  be  advanced  over  any  civil  cause  of  a  differ- 
ent nature  pending  in  such  court,  and  such  action  shall 
be  tried  and  determined  as  other  civil  actions.  Appeals 
from  any  decision  of  the  district  court  shall  be  taken 
from  the  district  court  to  the  Supreme  Court  of  the 
State  of  Kansas,  in  the  same  manner  as  provided  by  law 
in  other  civil  actions.  During  the  pendency  of  any 
action  under  the  provisions  of  this  Act,  all  orders  made 
by  the  public  utilities  commission  prescribing  rates, 
joint  rates,  tolls,  fares,  charges,  rules,  regulations,  classi- 
fications or  schedules  or  findings  shall,  unless  tem- 
porarily stayed  or  enjoined,  remain  in  full  force  and 
effect  until  final  judgment  is  rendered  therein.  Dur- 
ing the  pendency  of  such  appeal  the  judgment  of  the 
lower  court  shall  remain  in  effect,  unless  stayed  by 
order  of  the  Supreme  Court.  Service  of  summons  on 
any  member  of  the  board  shall  be  sufficient  service  on 
the  board. 

Units  of  measurement.  §  22.  The  commission  may 
ascertain  and  prescribe  for  each  kind  of  public  utility 
governed  by  the  provisions  of  this  Act,  suitable  and 
convenient  standard  commercial  units  of  products  in 
service.  These  shall  be  the  lawful  units  for  the  purposes 
of  this  Act.  It  shall  prescribe  reasonable  regulations 
for  examinations  and  testing  of  such  products  or  service 
and  for  the  measurement  thereof.  It  shall  establish 
reasonable  rules,  regulations,  specifications  and  stand- 
ards to  secure  the  accuracy  of  all  meters  and  appliances 
for  measurements,  and  every  public  utility  is  required 
to  carry  into  effect  all  orders  issued  by  the  commission 
relative  thereto. 

Reports  to  the  commission.  §  23.  Each  public  utility 
governed  by  the  provisions  of  this  Act  shall  furnish  to 
the  commission,  in  such  form  and  at  such  times  as  the 
commission  shall  require,  such  accounts,  reports  and 
Information  as  shown  in  itemized  detail:  (i)  The  de- 
preciation per  unit;  (2)  the  salaries  and  wages,  sepa- 
rately, per  unit;  (3)  legal  expenses  per  unit;  (4)  taxes 
and  rentals,  separately,  per  unit;  (5)  the  quantity  and 
value  of  material  used  per  unit;  (6)  the  receipts  from 
residuals,  by-products,  services  or  other  sales,  separately, 
per  unit;  (7)  the  total  and  net  cost  per  onit;  (8)  the 
gross  and  net  profit  per  unit;  (9)  the  dividends  and 
interest  per  unit;  (10)  surplus  or  reserve  per  unit;  (11) 
the  prices  per  unit  paid  by  consumers;  and,  in  addition, 
such  other  items,  whether  of  a  nature  similar  to  those 
hereinbefore  enumerated  or  otherwise,  as  the  com- 
mission may  prescribe  In  order  to  show  completely  and 
In  detail  either  the  operation  of  the  public  utility  or 
common  carrier  in  furnishing  the  unit  of  its  product  or 
service  to  the  public. 

Annual  reports  to  the  commission.  §  24.  Each  common 
carrier  and  all  public  utilities  governed  by  the  provisions 
of  this  Act  now  or  hereafter  authorized  to  do  business 
in  this  State  shall,  on  or  before  the  15th  day  of  Sep- 
tember, 1912,  and  on  or  before  the  same  day  In  each 
year  thereafter,  make  and  transmit  to  the  public  utilities 
commission,  at  its  office  in  Topeka,  Kan.,  a  full  and 
true  statement,  under  oath,  of  the  proper  officers  of 
such  corporation,  of  the  affairs  of  such  public  utility  or 
common  carrier,  for  the  period  ending  on  the  30th  day 
of  June  preceding.  Such  annual  report  shall  show  in 
detail  the  amount  of  the  capital  stock  issued,  the  amount 
paid  therefor,  and  the  manner  of  payment  for  same; 
the  dividends  paid;  the  surplus  fund,  if  any,  and  the 
number  of  stockholders;  the  funded  and  floating  debts, 
and  the  interest  paid  thereon;  the  cost  and  value  of  the 


carrier's  property,  franchises  and  equipment;  the  num- 
ber of  employes  and  the  salaries  paid  each  class;  the 
accidents  to  passengers,  employes  and  other  persons, 
and  the  causes  thereof;  the  amounts  expended  for  im- 
provement each  year,  how  expended,  and  the  character 
of  such  improvements;  the  earnings  and  receipts  from 
each  branch  of  the  business  and  from  all  sources;  the 
operating  and  other  expenses;  the  balance  of  profit  and 
loss,  and  a  complete  exhibit  of  the  financial  operations  of 
such  common  carrier  and  public  utility,  each  year,  in- 
cluding an  annual  balance  sheet.  Such  reports  shall 
also  contain  such  information  in  relation  to  rates  and 
regulations  concerning  fares,  freights,  agreements,  ar- 
rangements and  contracts  affecting  the  same,  as  the 
commission  may  require.  Said  detailed  reports  shall 
contain  all  the  required  statistics  for  the  period  of  12 
months,  ending  on  the  30th  day  of  June  of  each  year,  and 
shall  be  made  under  oath,  and  filed  with  the  commission 
at  Topeka,  on  or  before  the  15th  day  of  September  then 
next  following,  unless  an  additional  time  shall  be  granted 
in  any  case  by  the  commissioners;  and  if  any  carrier, 
person  or  corporation  subject  to  the  provisions  of  this 
Act  shall  fail  to  make  and  file  such  annual  reports 
within  the  time  above  specified,  or  within  the  time  ex- 
tended by  the  commission  for  making  and  filing  the 
same,  such  party  shall  forfeit  to  the  State  of  Kansas 
the  sum  of  |100  for  each  and  every  day  it  shall  con- 
tinue  in   default   with   respect  thereto. 

Declaration  of  State  power.  §  24a.  The  power  to  create 
liens  on  corporate  property  situated  within  the  State  of 
Kansas  by  companies  transacting  the  business  of  com- 
mon carriers,  as  defined  in  the  laws  of  this  State,  and 
public  utilities  governed  by  the  provisions  of  this  Act 
in  this  State  is  a  special  privilege,  the  right  of  super- 
vision, regulation,  restriction  and  control  of  which  shall 
be  vested  in  the  State,  and  such  power  shall  be  exer- 
cised according  to  law,  and  the  provisions  of  this  Act 
shall  apply  to  all  companies  organized  under  the  laws  of 
other  States  of  the  Union  and  of  foreign  countries,  as 
well  as  to  domestic  corporations,  transacting  business  in 
this  State  as  a  common  carrier  or  as  a  public  utility 
governed   by    the   provisions   of   this   Act. 

Issuing  stocks  and  bonds.  §  25.  A  public  utility  or 
common  carrier  may  issue  stocks,  certificates,  bonds, 
notes  or  other  evidences  of  indebtedness,  payable  at 
periods  of  more  than  12  months  after  the  date  thereof, 
when  necessary  for  the  acquisition  of  property,  for  the 
purpose  of  carrying  out  its  corporate  powers,  the  con- 
struction, completion,  extension  or  improvements  of  its 
facilities,  or  for  the  improvements  or  maintenance  of 
its  service,  or  for  the  discharge  or  lawful  refunding  of 
its  obligations,  or  for  such  other  purposes  as  may  be 
authorized  by  law;  provided,  and  not  otherwise,  that 
there  shall  have  been  secured  from  the  commission  a 
certificate  stating  the  amount,  character,  purposes  and 
terms  on  which  such  stocks,  certificates,  bonds,  notes 
or  other  evidences  of  indebtedness  are  proposed  to  be 
issued,  as  set  out  in  the  application  for  such  certificate, 
and  that  the  statements  contained  in  such  application 
have  been  ascertained  to  be  true,  but  this  provision  shall 
not  apply  to  any  lawful  issue  of  stock,  the  lawful  execu- 
tion and  delivery  of  any  mortgage,  or  to  the  lawful 
issue  of  any  bonds  thereunder  which  shall  have  been 
duly  approved  by  the  board  of  railroad  commissioners 
prior  to  the  taking  effect  of  this  Act.  The  proceedings 
for  obtaining  such  certificate  from  the  commission  and 
the  conditions  of  its  being  issued  by  said  board  shall 
be  as  follows:  (a)  In  case  the  stocks,  certificates,  bonds, 
notes  or  other  evidences  of  indebtedness  are  to  be  is- 
sued for  money  only,  the  public  utility  or  common  car- 
rier shall  file  with  the  commission  a  statement,  signed 
and  verified  by  the  president  or  other  chief  oflScer  of 
the  company  having  knowledge  of  the  facts,  showing 
(1)  the  amount  and  character  of  the  proposed  stocks, 
certificates,  bonds,  notes  or  other  evidences  of  indebted- 
ness; (2)  the  general  purposes  for  which  they  are  to 
be  issued;  (3)  the  terms  on  which  they  are  to  be  issued; 
(4)  the  total  assets  and  liabilities  of  the  public  utility 
or  common  carrier;  and  (5)  that  the  capital  sought  to 
be  secured  by  the  issuance  of  such  stocks,  certificates, 
bonds,  notes  or  other  evidences  of  indebtedness  is  neces- 
sary and  required  for  such  purposes  and  will  be  used 
therefor.      (b)    In    case    the    stocks,    certificates,    bonds. 


548 


National  Association  of  Raii^way  Commissioners 


notes  or  other  evidences  of  indebtedness  are  to  be  issued 
partly  or  wholly  for  property  or  services  or  other  con- 
sideration than  money,  the  public  utility  or  common 
carrier  shall  file  with  the  commission  a  statement,  signed 
and  verified  by  the  president  or  other  chief  officer  having 
knowledge  of  the  facts,  showing  (1)  the  amount  and 
Character  of  the  stocks,  certificates,  bonds,  notes  or  other 
evidences  of  indebtedness  proposed  to  be  issued;  (2) 
the   general   purposes   for   which   they   are   to   be   issued; 

(3)  a  general  description  and  an  estimated  value  of  the 
property   or   services   for    which    they   are   to   be    issued; 

(4)  the  terms  on  which  they  are  to  be  issued  or  exchanged; 

(5)  the  amount  of  money,  if  any,  to  be  received  for  the 
same  in  addition  to  such  property,  services  or  other  con- 
Bideration;  (6)  the  total  assets  and  liabilities  of  the 
public  utility  or  common  carrier;  and  (7)  that  the  capital 
Bought  to  be  secured  by  the  issuance  of  such  stocks, 
certificates,  bonds,  notes  or  other  evidences  of  indebted- 
ness is  necessary  and  required  for  such  purposes  and  will 
be  used  therefor.  The  commission  may  also  require 
the  public  utility  or  common  carrier  to  furnish  such 
further  statements  of  facts  as  may  be  reasonable  and 
pertinent  to  the  inquiry,  and  shall  have  full  power  to 
ascertain  the  truth  of  all  statements  made  by  such  com- 
mon carrier  or  public  utility.  Upon  full  compliance  by 
the  applicant  with  the  provisions  of  this  section  the 
commission  shall  forthwith  issue  a  certificate  stating  the 
amount,  character,  purposes  and  terms  upon  which  such 
stocks,  certificates,  bonds,  notes  or  other  evidences  of 
indebtedness  are  proposed  to  be  issued,  as  set  out  in  the 
application  for  such  certificate,  and  that  the  statements 
contained  in  such  application  have  been  ascertained  to 
be  true.  Any  issue  of  stocks,  certificates,  bonds,  notes 
or  other  evidences  of  indebtedness  not  payable  within 
one  year,  which  shall  be  issued  by  such  public  utility  or 
common  carrier  contrary  to  the  provisions  of  this  Act 
shall   be   void. 

Penalties  for  issuing  stock.  §  26.  Any  common  carrier 
or  public  utility  governed  by  the  provisions  of  this  Act, 
or  any  agent,  director  or  officer  thereof,  who  shall, 
directly  or  indirectly,  issue  or  cause  to  be  issued  any 
stock,  certificate  of  stock,  bonds  or  other  evidences  of 
indebtedness  contrary  to  the  provisions  of  this  Act,  or 
who  shall  apply  the  proceeds  from  the  sale  thereof 
to  any  purpose  other  than  that  specified  in  the  certifi- 
cate of  the  commission,  as  herein  provided,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  $500  and  not  more  than 
$5,000,  or  by  imprisonment  in  the  county  jail  not  more 
than   one   year   or   by   both   such    fine   and   imprisonment. 

Prohibitions  on  carriers  and  utilities.  §  27.  No  common 
carrier  or  public  utility  governed  by  the  provisions  of 
this  Act,  domestic  or  foreign,  shall  hereafter  purchase 
or  acquire,  take  or  hold  any  part  of  the  capital  stock, 
bonds  or  other  forms  of  indebtedness  of  any  competing 
public  utility  or  common  carrier,  either  as  owner  or 
pledgee,  unless  authorized  by  the  commission.  Any 
common  carrier  engaged  in  intrastate  commerce  in  this 
State  is  prohibited  in  the  transportation  of  such  com- 
merce, articles  or  commodities  under  the  following  cir- 
cumstances and  conditions:  (a)  when  the  article  or  com- 
modity has  been  manufactured,  mined  or  produced  by  a 
carrier  or  under  its  authority  and  at  the  time  of  the 
transportation  the  carrier  has  not  in  good  faith,  be- 
fore the  act  of  transportation,  disassociated  itself  from 
such  article  or  commodity;  (b)  when  the  carrier  owns 
the  article  or  commodity  to  be  transported,  in  whole  or 
part;  (c)  when  the  common  carrier  at  the  time  of 
transportation  has  a  legal  or  equitable  interest,  directly 
or  indirectly,  in  the  article  or  commodity,  except  ma- 
terials and  supplies  for  its  own  use.  Every  public 
utility  is  prohibited  from  engaging  in  any  business  in  this 
State  which  is  not  in  conformity  with  its  charter  or  In 
which  it  is  not  permitted  to  engage  under  the  laws  of  the 
State  of  Kansas;  provided,  that  this  section  shall  not 
apply  to  ownership  by  railroads  of  the  stock,  bonds,  or 
other  forms  of  indebtedness  of  union  depot  or  terminal 
railroad  properties  used  in  common  by  two  or  more 
such   railroads. 

Valuation  of  property.  §  28.  Said  commission  shall 
have  the  power  and  It  shall  be  its  duty  to  ascertain  the 
reasonable  value  of  all  property  of  any  common  car- 
rier or  public  utility  governed  by  the  provisions  of  this 


Act  used  or  required  to  be  used  in  its  services  to  the 
public  within  the  State  of  Kansas,  whenever  it  deems 
the  ascertainment  of  such  value  necessary  in  order  to 
enable  the  commission  to  fix  fair  and  reasonable  rates, 
joint  rates,  tolls  and  charges,  and  in  making  such  valua- 
tions they  may  avail  themselves  of  any  reports,  records 
or  other  things  available  to  them  in  the  office  of  any 
national.  State  or  municipal  officer  or  board. 

Examination  of  accounts.  §  29.  The  commission  shall 
have  authority  to  examine  and  audit  all  accounts,  and  all 
items  shall  be  allocated  to  the  accounts  prescribed  by 
the  commission.  The  agents,  accountants  or  examiners 
employed  by  the  commission  shall  have  authority  under 
the  direction  of  the  commission  to  inspect  and  examine 
any  and  all  books,  accounts,  papers,  records,  property 
and  memoranda  kept  by  such  public  utilities  and  com- 
mon carriers.  The  accounts  shall  be  closed  annually 
on  the  30th  day  of  June,  and  a  balance  sheet  of  that 
date   promptly   taken   therefrom. 

Rates  of  January  1,  1911,  to  be  rate.  §  30.  Unless  the 
commission  shall  otherwise  order,  it  shall  be  unlawiul 
for  any  common  carrier  or  public  utility  governed  by  tiie 
provisions  of  this  Act  within  this  State  to  demard, 
collect  or  receive  a  greater  compensation  for  any  service 
than  the  charge  fixed  on  the  lowest  schedule  of  rates 
for  the  same  services  on  the  first  day  of  January,  19U. 
Public  utilities  certificate.  §  31.  No  common  carrier  3r 
public  utility  governed  by  the  provisions  of  this  Act 
shall  transact  business  in  the  State  of  Kansas  until  it 
shall  have  obtained  a  certificate  from  the  public  utili- 
ties commission  that  public  convenience  will  be  pro- 
moted by  the  transaction  of  said  business  and  permitting 
said  applicants  to  transact  the  business  of  a  comm(  n 
carrier  or  public  utility  in  this  State.  This  section  shell 
not  apply  to  any  common  carrier  or  public  utility  gov- 
erned by  the  provisions  of  this  Act  now  transactii  g 
business  in  this  State. 

Report  concerning  accidents.  §  32.  Every  common  ca  r- 
rier  and  every  public  utility  governed  by  the  provisioi  s 
of  this  Act  shall,  whenever  an  accident  attended  wll  h 
loss  of  human  life  or  serious  personal  injury  occu'  s 
upon  its  premises  within  this  State,  give  immedia  e 
notice  thereof  by  telegraph  to  the  commission.  In  tl  e 
event  of  any  such  accident,  the  commission,  if  it  dee  i 
the  public  Interest  requires  it,  shall  cause  an  investi- 
gation to  be  made  forthwith,  in  connection  with  tl  a 
labor  commission,  as  now  provided  by  law,  which  investi- 
gation shall  be  held  in  the  locality  of  the  accident,  unlei  s 
for  greater  convenience  of  those  concerned  it  she  1 
order  such  investigation  to  be  held  at  some  other  plac  . 
Said  investigation  may  be  adjourned  from  place  to  pla<  3 
as  may  be  found  necessary  and  convenient.  The  con - 
mission  shall  seasonably  notify  an  officer  or  agent  <  f 
the  public  utility  or  common  carrier  of  the  time  an  1 
place  of   the   investigation. 

Cities'  control  of  utilities.  §  33.  Every  municipal  com  - 
ell  or  commission  shall  have  the  power  and  authority,  sul  - 
ject  to  any  law  in  force  at  the  time,  to  contract  with  an/ 
public  utility  or  common  carrier,  situated  and  operate  1 
wholly  or  principally  within  any  city  or  principally  ope; - 
ated  for  the  benefit  of  such  city  or  its  people,  by  ordinanca 
or  resolution,  duly  considered  and  regularly  adopted:  (1) 
As  to  the  quality  and  character  of  each  kind  of  product 
or  service  to  be  furnished  or  rendered  by  any  public  utilit/ 
or  common  carrier,  and  the  maximum  rates  and  charges 
to  be  paid  therefor  to  the  public  utility  or  common  carrier 
furnishing  such  product  or  service  within  said  muuicipa  - 
ity,  and  the  terms  and  conditions,  not  inconsistent  with  this 
Act  or  any  law  in  force  at  the  time  under  which  such  pul - 
lie  utility  or  common  carrier  may  be  permitted  to  occupy  tha 
streets,  highways  or  other  public  property  within  suci 
municipality.  (2)  To  require  and  permit  any  public  utility 
or  common  carrier  to  make  such  additions  or  extensions  ti 
its  physical  plant  as  may  be  reasonable  and  necessary  for 
the  benefit  of  the  public,  and  may  designate  the  locatioi 
and  nature  of  such  additions  and  extensions  at  the  time 
within  which  such  shall  be  completed,  and  the  terms  anl 
conditions  under  which  the  same  shall  be  constructed.  (3) 
To  provide  a  reasonable  and  lawful  penalty  for  the  non- 
compliance with  the  provisions  of  any  ordinance  or  resolu- 
tion adopted  in  pursuance  with  the  provisions  hereof;  pro- 
vided, however,  that  no  ordinance  or  resolution  granting  or 
extending  any  right,  privilege  or  franchise  shall  be  in  forrr' 


Public  Seevice  Laws 


549 


or  effect  until  thirty  days  after  the  same  shall  have  been 
duly  published;  nor  if  any  complaint  be  made,  as  herein- 
after provided  for,  shall  said  ordinance  or  resolution  be  in 
effect  while  any  proceedings  to  review  before  said  commis- 
sion or  action  or  appeal  in  any  court  in  relation  thereto 
shall  be  pending.  Upon  any  complaint  being  made,  within 
15  days  after  the  publication  of  any  such  ordinance  or 
resolution,  to  the  Public  Utilities  Commission  by  any  such 
public  utility  or  common  carrier,  or  by  10  or  more  tax- 
payers of  any  such  municipality  a  bond  to  pay  the  costs  of 
the  hearing  having  first  been  filed  by  the  complainant  with 
and  approved  by  the  said  commission,  that  any  right,  privi- 
lege or  franchise  granted,  or  ordinance  or  resolution  or  part 
of  any  ordinance  or  resolution  adopted,  by  any  municipal 
council  or  commission  is  unreasonable,  or  against  public 
policy,  or  detrimental  to  the  best  interests  of  the  city,  or 
contrary  to  any  provisions  of  law,  the  public  utility  com- 
mission shall  set  a  date  for  the  hearing  of  such  complaint, 
not  less  than  10  days  after  date  of  filing  thereof,  and  shall 
cite  the  parties  interested  to  appear  on  a  date  named, 
which  date  shall  be  not  less  than  10  days  after  the  fixing 
of  the  date  of  the  hearing,  and  on  that  date,  or  at  a  time 
agreed  upon  by  the  interested  parties,  or  a  date  fixed  by 
the  public  utility  commission,  the  complainant  shall  pre- 
sent such  evidence  as  they  or  it  may  have  in  support 
thereof,  and  show  why  such  complaint  should  be  sustained, 
and  the  public  utility  commission  may  inquire  into  the 
allegations  in  such  complaint,  and  may  subpoena  witnesses, 
and  take  testimony  to  ascertain  the  truth  of  the  allegations 
contained  therein  in  contemplation  of  bringing  an  action 
as  hereinafter  provided;  and  if  said  commission  shall  find 
that  any  provision  of  any  such  ordinance  or  resolution  is 
unreasonable,  or  against  the  public  welfare  or  public  In- 
terest, or  has  reason  to  believe  that  the  same  may  be  con- 
trary to  law,  said  public  utilities  commission  shall,  within 
10  days,  advise  and  recommend  such  changes  in  the  ordi- 
nance or  resolution  as  may  be  necessary  to  meet  the  objec- 
tions set  forth  in  the  complaint  and  protect  the  public  in- 
terest, and  to  remove  any  unreasonable  provision  there- 
from; and  it  such  municipal  council  or  commission  shall 
not  within  twenty  days  thereafter  amend  such  ordinance  or 
resolution  to  conform  to  the  recommendations  of  said  pub- 
lic utilities  commission,  the  public  utilities  commission 
may,  in  the  name  of  the  State  of  Kansas,  within  thirty 
days  after  such  finding,  commence  proceedings  against  such 
municipal  council  or  commission  and  common  carrier  or 
public  utility  governed  by  the  provisions  of  this  Act  In  any 
court  of  competent  jurisdiction,  to  set  aside  any  ordinance 
or  resolution,  or  part  thereof,  because  of  its  unreasonable- 
ness or  illegality,  or  because  the  same  is  not  for  the  promo- 
tion of  the  welfare  and  best  interests  of  said  municipality, 
which  action  and  proceedings  shall  be  in  conformity  with 
the  provisions  of  this  Act. 

Ohligations  not  lie  incurred  toithout  certificate.  §  34. 
No  common  carrier  or  public  utility  governed  by  the  pro- 
visions of  this  Act  shall  issue  any  stock,  certificates,  bonds, 
notes  or  other  evidences  of  Indebtedness,  for  money,  prop- 
erty or  services,  either  directly  or  indirectly,  nor  shall  It 
receive  any  money,  property  or  services  in  payment  of  the 
same  either  directly  or  indirectly  until  there  shall  have 
been  recorded  upon  the  books  of  such  corporation  the  cer- 
tificate of  the  commission  herein  provided  for. 

litovk,  dividends,  etc.  §  35.  No  common  carrier  or  pub- 
lic utility  governed  by  the  provisions  of  this  Act  shall  de- 
clare any  stock,  bond  or  scrip  dividend  or  divide  the  pro- 
ceeds of  the  same  of  any  stocks,  bond  or  scrip  among  its 
stockholders  unless  authorized  by  the  commission  so  to  do. 

Assignment,  etc.,  of  franchise.  §  36.  No  franchise  granted 
to  a  common  carrier  or  public  utility  governed  by  the  pro- 
visiops  of  this  Act  shall  be  assigned,  transferred  or  leased, 
nor  shall  any  contract  or  agreement  with  reference  to  or 
affecting  such  franchise  or  right  thereunder  be  valid  or  of 
any  force  or  effect  whatsoever,  unless  the  assignment, 
transfer,  lease,  contract  or  agreement  shall  have  been  ap- 
proved by  the  commission. 

Falsifying  books,  records,  etc.  §  37.  Any  person  who 
shall  wilfully  make  any  false  entry  in  the  accounts,  books 
of  account,  records,  or  memoranda  kept  by  any  common 
carrier  or  any  public  utility  governed  by  the  provisions  of 
this  Act,  or  who  shall  wilfully  destroy,  mutilate,  alter  or 
by  any  other  means  or  device  falsify  the  record  of  any 
such  account,  book  of  accounts,  record  or  memorandum,  or 
who  shall  wilfully  neglect  or  fail  to  make  full,  true  and  cor- 
rect entries  of  such  account,  book  of  accounts,  record  or 


memorandum  of  all  facts  and  transactions  appertaining  to 
such  common  carriers  of  public  utilities  business,  or  who 
shall  falsely  make  any  statement  required  to  be  made  to  the 
public  utilities  commission,  shall  be  deemed  guilty  of  a 
felony,  and  upon  the  conviction  shall  be  punished  by  a  fine 
of  not  less  than  $1,000  nor  more  than  $5,000,  or  by  impris- 
onment of  not  less  than  one  year  nor  more  than  three 
years,  or  by  both  such  fine  and  imprisonment;  provided, 
that  the  commission  may  in  its  discretion  issue  orders 
specifying  such  operating,  accounting  or  financial  papers, 
records,  books,  blanks,  tickets,  stubs  or  documents,  of  car- 
riers which  may  after  a  reasonable  time  be  destroyed,  and 
prescribing  a  length  of  time  such  books,  papers,  or  docu- 
ments shall  be  preserved;  and  provided  further,  that  such 
orders  shall  be  in  harmony  with  those  of  the  Interstate 
Commerce  Commission. 

Penal  provisions.  §  38.  If  any  common  carrier  or  pub- 
lic utility  governed  by  the  provisions  of  this  Act  shall  vio- 
late any  of  the  provisions  of  this  Act,  or  shall  do  any  Act 
herein  prohibited,  or  shall  fail  or  refuse  to  perform  any 
duty  enjoined  upon  it  in  this  Act,  or  shall  fail,  neglect  or 
refuse  to  obey  any  lawful  requirement  or  order  made  by 
the  commissioners,  or  any  final  judgment  or  decree  made 
by  any  court  upon  appeal  from  any  order  of  the  commis- 
sioners, it  shall,  for  every  such  violation,  failure  or  refusal, 
forfeit  and  pay  to  the  support  of  the  common  schools  a 
sum  not  less  than  $100  and  not  more  than  $r,000  for  such 
offense.  Such  forfeiture  shall  be  enforced  and  collected  by 
the  attorney-general  in  any  court  of  competent  jurisdiction. 
In  construing  and  enforcing  the  provisions  of  this  Act,  any 
act,  omission  or  failure  of  any  officer,  agent  or  other  person 
acting  for  or  employed  by  any  such  public  utility  or  com- 
mon carrier  while  acting  within  the  scope  of  his  employ- 
ment, shall  in  every  case  be  deemed  to  be  the  Act,  omis- 
sion or  failure  of  such  public  utility  or  common  carrier, 
and  every  day  during  which  any  such  public  utility  or 
common  carrier  or  officer,  agent  or  employe  thereof,  shall 
fail  to  comply  with  any  order  or  direction  of  the  commis- 
sioner, or  to  perform  any  duty  required  or  enjoined  by  this 
Act,  shall  constitute  a  separate  and  distinct  violation  of 
the  provisions  of  this  Act. 

Hoiv  commission  shall  enforce  orders.  §  39.  The  com- 
mission may  compel  compliance  with  the  provisions  of  this 
Act  and  compel  compliance  with  the  orders  of  the  commis- 
sion by  proceeding  in  mandamus,  injunction  or  other  ap- 
propriate civil  remedies,  or  by  appropriate  criminal  pro- 
ceedings in  any  court  of  competent  jurisdiction. 

Statute  cumulative.  §  40.  The  rights  and  remedies 
given  by  this  Act  shall  be  construed  as  cumulative  of  all 
other  laws  in  force  in  this  State  relating  to  common  car- 
riers and  public  utilities,  and  shall  not  repeal  any  other 
remedies  or  rights  now  existing  in  this  State  for  the  en- 
forcement of  the  duties  and  obligations  of  public  utilities 
and  common  carriers  or  the  rights  of  the  public  utilities 
commission  to  regulate  and  control  the  same  except  where 
inconsistent  with  the  provisions  of  this  Act. 

Kule  for  construing  statute.  §  41.  The  provisions  of 
this  Act  and  all  grants  of  power,  authority  and  jurisdic- 
tion herein  made  to  the  commissioners,  shall  be  liberally 
construed,  and  all  incidental  powers  necessary  to  carry  into 
effect  the  provisions  of  this  Act  are  hereby  expressly 
granted  to  and  conferred  upon  the  commissioners. 

Pending  actions  and  proceedings.  §  42.  Nothing  in  this 
Act  shall  affect  pending  actions  or  proceedings  brought  by 
or  against  the  board  of  railroad  commissioners  of  this  State, 
but  the  same  may  be  prosecuted  or  defended  by  and  in  the 
name  of  the  commission  hereby  created.  Any  investigation, 
examination,  or  proceeding  undertaken,  commenced  or  in- 
stituted by  the  said  boad  of  railroad  commissioners  prjor 
to  the  taking  effect  of  this  Act  may  be  conducted  and  con- 
tinued to  a  final  determination  by  the  commission  hereby 
created,  under  the  same  terms  and  conditions  and  with  like 
effect  as  though  such  board  of  railroad  commissioners  had 
not  been  abolished. 

Proceedings  before  Interstate  Commerce  Commission. 
§  43.  If  any  interstate  rate,  joint  rate,  fare,  toll,  charge, 
rule  or  regulation,  classification  or  schedule  of  rates,  joint 
rates,  fares  or  tolls,  is  found  to  be  unjust,  unreasonable, 
excessive,  unjustly  discriminatory,  or  unduly  preferential, 
or  in  violation  of  the  interstate  commerce  law,  or  in  con- 
flict with  the  rules,  orders  or  regulations  of  the  Interstate 
Commerce  Commission,  the  public  utilities  commission  may 
apply  by  petition  or  other  proper  method  to  the  Interstate 
Commerce  Commission  for  relief. 


550 


National  Association  of  Railway  Commissioners 


statutes  repealed.  §  43a.  That  original  §§  7063,  7064, 
7065  and  7066  of  the  General  Statutes  of  Kansas  of  1909, 
be  and  the  same  are  hereby  repealed. 

§  44.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  publication  in  the  statute  book. 

Approved  March   14,  1911. 

OIL  PIPE  LINES  AS  COMMON  CABRIEBS. 

Section 

Declared  common  carriers 345 

Must  receive  oil  for  shipment 346 

Eates  for  transporting  oil 347 

Power  of  railroad  commissioners 348 

Over  pipe  lines 348 

Make  rules   348 

Prescribe  rates   348 

Courts  to  pass  on  rates 348 

Bond  to  pay  difference  in  rates 348 

Damages  and  attorney's  fees 349 


Declared  common  carriers.  §  345.  All  pipe  lines  laid, 
built  or  maintained  for  the  conveyance  of  crude  oil  within 
the  State  of  Kansas  are  hereby  declared  to  be  common  car- 
riers, and  said  conveyance  of  said  oil  shall  be  in  the  man- 
ner and  under  the  restrictions  in  this  Act  provided. 

Must  receive  oil  for  shipment.  §  346.  It  shall  be  the 
duty  of  every  person,  firm,  association  or  corporation  oper- 
ating under  such  pipe  line  to  provide  suitable  and  neces- 
sary receptacles  for  receiving  such  oil  for  transportation 
and  for  storage  at  the  place  of  delivery  until  the  same  can 
be  reasonably  removed  by  the  consignee,  and  shall  be  liable 
therefor  from  the  time  the  same  is  delivered  for  trans- 
portation until  a  reasonable  time  after  the  same  has  been 
transported  to  the  place  of  consignment  and  ready  for  de- 
livery to  the  consignee.  It  shall  be  the  duty  of  every  such 
person,  firm,  association  or  corporation  to  receive  and 
forward  such  oil  as  shall  be  offered  for  shipment  in  the 
•order  of  application  therefor,  upon  the  applicant's  com- 
plying with  the  rules  herein  provided  for  as  to  delivery  and 
payment  for  such  transportation.  Such  common  carrier 
shall  issue  to  the  shipper  a  certificate  showing  the  actual 
quantity  and  specific  gravity  thereof;  but  no  application 
for  such  transportation  shall  be  valid  beyond  or  for  a 
greater  quantity  than  the  applicant  has  ready  for  delivery 
at  the  time  of  making  such  application. 

Rates  for  transporting  oil.  §  347.  It  shall  be  unlawful 
for  any  such  person,  firm,  association  or  corporation  to 
charge  for  the  transportation  of  such  crude  oil  through  its 
line  in  excess  of  the  following  rates  for  each  barrel  of  42 
gallons  transported:  Six  miles  and  less,  5  cents;  over  6 
miles  and  not  more  than  15  miles,  6  cents;  over  15  miles 
and  not  more  than  40  miles,  7  cents;  over  40  miles  and  not 
more  than  80  miles,  8  cents;  over  80  miles  and  not  more 
than  100  miles,  10  cents;  over  100  miles  and  not  more  than 
150  miles,  15  cents;  over  150  miles  and  not  more  than  200 
miles,  20  cents;  over  200  miles  and  not  more  than  250 
miles,  23  cents;  over  250  miles  and  not  more  than  300 
miles,  25  cents. 

Power  of  railroad  commissioners.  §  348.  The  State 
board  of  railroad  commissioners  shall  have  the  general 
supervision  and  control  over  all  such  persons,  firms,  asso- 
•ciations  or  corporations  in  the  performance  of  said  busi- 
ness, and  shall  prescribe  reasonable  rules  for  the  conduct 
thereof,  which  rules,  when  prescribed  and  delivered  in 
-writing  to  any  such  person,  firm,  association,  or  corpora- 
tion, shall  be  printed  and  posted  up  in  a  convenient,  ac- 
•cessible  and  conspicuous  place  at  each  ofiice,  station  or 
place  of  business  where  such  oil  is  received  or  delivered. 
The  state  board  of  railroad  commissioners  is  hereby  au- 
thorized to  prescribe  reasonable  maximum  rates,  not  ex- 
■ceedlng  the  rates  set  forth  in  §  3  hereof,  which  shall  be 
•charged  for  the  transportation  of  such  oil,  which  rate  shall 
be  binding  on  every  such  person,  firm,  association  or  cor- 
poration after  its  publication  in  the  ofBcial  State  paper; 
provided,  the  reasonableness  of  such  rates  may  be  tested 
by  proceedings  therefor  in  any  court  of  competent  juris- 
■diction  in  this  State,  and  such  court  shall,  upon  hearing  the 
same,  make  such  order  as  shall  be  proper,  and  such  order 
may  be  reviewed  by  the  Supreme  Court  as  other  civil 
proceedings,  regardless  of  sum  or  value  involved;  pro- 
vided, before  beginning  such  proceedings  in  court  to  test 
such  matters,  such  person,  firm,  association  or  corporation 
Shall  execute  a  bond  to  the  State  of  Kansas,  in  such  rea- 
sonable sum  as  the  judge  of  the  court  in  which  such  matter 


is  brought  shall  order,  conditioned  that  the  person,  firm, 
association  or  corporation  making  such  application  will 
promptly  pay  to  any  shipper  the  difference  between  the 
rate  received  for  transporting  oil  and  the  rate  finally  or- 
dered by  such  court.  When  such  maximum  rates  shall  be 
fixed  by  the  State  board  of  railroad  commissioners,  the 
rates  prescribed  in  §  3  of  this  Act  shall  cease  to  be  in 
force,  and  the  rates  so  fixed  by  the  State  board  of  rail- 
road commissioners  shall  govern,  as  in  this  section  pro- 
vided. 

Damages  and  attorney's  fees.  §  349.  Any  such  person, 
firm,  association  or  corporation  which  shall  fail  or  refuse 
to  accept,  transport  and  deliver  oil  when  offered,  up  to  the 
full  capacity  of  such  pipe  line,  at  rates  not  to  exceed  those 
provided  for  by  this  Act,  or  shall  fail,  neglect  or  refuse  to 
obey  any  rule  so  established  by  the  State  board  of  railroad 
commissioners,  shall  be  liable  to  the  person  injured  uy  such 
failure  or  refusal  in  the  sum  of  $500  liquidated  dam- 
age, together  with  reasonable  attorney's  fees,  to  be  fixed 
by  the  court,  in  case  suit  shall  be  brought  therefor; 
such  liquidated  damages  and  attorney's  fees  to  be  recov- 
ered in  any  court  of  competent  jurisdiction;  and  in  case 
of  any  corporation  so  refusing  or  failing,  the  charter  board 
is  hereby  authorized  to  revoke  the  charter  or  permit  to  dOj 
business  in  this  State  of  such  corporation. 


ii 


TELEPHONE   SERVICE   REQUIRED   OF   CERTAIN 
CORPORATIONS. 

Who  must  furnish.  §  350.  That  every  railway  company, 
express  company  and  telegraph  company  doing  business 
in  this  State  shall  furnish  reasonably  adequate  telephone 
connections  between  its  offices,  buildings  and  ground  i, 
and  the  public  telephone  exchanges  operated  in  the 
towns  where  the  same  are  located.  (§  1,  chapter  13;, 
Laws  1911.) 

Poiver  of  commission  over.  §  351.  The  board  of  rai  - 
road  commissioners  is  hereby  authorized  and  empowere  1 
to  require  and  compel  the  furnishing  of  such  servici  . 
Upon  complaint  to  the  board  of  railroad  commissionei  3 
that  any  telephonic  service  with  any  railroad,  telegrap  i 
or  express  company's  buildings,  offices  or  grounds  ii 
inadequate  or  in  any  respect  unreasonably  or  unjustl/  ' 
discriminatory  or  that  such  service  cannot  be  had,  :t 
shall  be  the  duty  of  said  board  to  investigate  the  samt  , 
and  if  upon  investigation  the  board  shall  find  that  an  ■ 
telephonic  service  is  inadequate  or  unreasonably  or  ui  • 
justly  discriminatory  or  that  such  service  cannot  b  J 
had,  it  shall  determine  and  by  order  fix  a  reasonabl ! 
regulation,  practice  or  service  to  be  installed,  imposec  , 
observed  and  operated  in  the  future.  (§  2,  chapter  13i , 
Laws   1911.) 

Penalty  for  failure  to  comply  with  order.  §  352.  An  ' 
common  carrier  which  shall  fail  to  comply  with  th  i 
order  of  the  board  of  railroad  commissioners  in  respec  t 
thereto  shall  be  deemed  guilty  of  a  misdemeanor  an  1 
upon  conviction  in  any  court  having  jurisdiction  therec  f 
shall  be  fined  for  each  offense  a  sum  not  less  tha  i 
$100  nor  more  than  $500  within  the  discretion  of  th  3 
court.      (§    3,   chapter   136,   Laws   1911.) 

§  4.     This  Act  shall  take  effect  and  be  in  force  froi  i_. 
and  after  its  publication  in  the  official  state  paper.       *"  ~ 

Approved  March  14,  1911. 

Published  in  official  State  paper  March  25,  1911. 

OTHER  STATUTES. 

The  following  is  taken  from  Dassler's  General  Statutes 
of  Kansas  of  1909,  the  feection  numbers  of  that  publica- 
tion   being   retained: 

Posses  over  railroads.  §7169.  Any  member  of  sail 
board,  while  acting  in  the  porformance  of  his  officii  1 
duties,  together  with  such  attorney  for  the  board,  secrrs- 
tary,  stenographers,  accountant,  expert  or  other  ager  t 
whose  services  said  board  may  deem  to  be  iniportait 
in  the  discharge  of  their  duties,  shall  have  the  rigl  t 
of  passing  at  all  times  over  all  the  roads  and  on  all 
railroad  trains  or  any  part  thereof  in  this  State  free  ot 
charge.  It  shall  be  unlawful  for  any  commissioner,  at- 
torney for  the  board,  secretary  or  employe  of  said  board 
to  receive,  or  apply  for,  any  free  transportation  or  ns- 
duced  rates  for  transportation,  from  any  railroad  com- 
pany or  other  common  carriers,  their  agents,  servants, 
or    employes    for   any    other    person,    during   the   term   of 


Iron 

II 


Public  Service  Laws 


551 


his  office  or  employment;  and  any  person  violating  the 
provisions  hereof  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  0ned  in  any  sum  not  less  than 
?50  nor  more  than  $1,000;  and  upon  conviction  of  any 
commissioner  of  such  violation  the  governor  shall  declare 
his  office  vacant  and  shall  appoint  his  successor  thereto. 
Each  commissioner,  attorney  for  the  board,  secretary, 
stenographer  and  employe  shall  be  entitled  to  receive 
from  the  State  his  actual  necessary  expenses  while  ab- 
sent from  the  city  of  Topeka  on  official  business,  which 
amount  shall  be  paid  by  the  treasurer  of  State  on  the 
order  of  the  State  auditor,  an  itemized  sworn  statement 
thereof  having  been  first  filed  with  the  secretary  of  the 
board  and  approved  by  the  board.  No  member  of  said 
board  nor  the  attorney  of  said  board  shall  ask  or  receive 
from  any  person,  firm  or  corporation  any  other  pay  or 
emolument  of  any  kind  for  services  herein,  except  the 
salaries  provided  for  in  this  Act. 

Poioer  to  supervise  rates,  rules  and  regulations.  §  7170. 
Power  and  authority  is  hereby  vested  in  the  board  of 
railroad  commissioners,  and  it  is  hereby  made  its  duty, 
to  supervise  all  railroad  freight  and  passenger  schedules, 
rates,  tariffs  and  classifications  within  the  State  of 
Kansas,  and  all  rules  and  regula'tions  governing  car 
service,  the  transfer  and  switching  of  cars  from  one 
railroad  to  another  at  junction  points  or  where  enter- 
ing the  same  city  or  town,  all  charges  to  be  made  there- 
for, as  well  as  the  rules  and  regulations  adopted  by 
any  railroad  for  the  operation  of  its  road  in  the  running 
of  its  trains  in  this  State,  and  immediately  to  notify  the 
attorney  tor  the  board  of  railroad  commissioners,  when- 
ever it  has  knowledge  or  good  reason  to  believe  that  any 
of  the  laws  of  the  State  of  Kansas  relating  thereto  are 
being  violated.  It  shall  be  the  duty  of  said  board  from 
time  to  time  to  alter,  change  or  amend  any  such  sched- 
ule, classification,  rate,  rule  or  regulation  established  by 
any  railroad  company  or  companies,  or  other  common 
carrier,  upon  complaint  as  hereinafter  provided,  so 
that  such  schedule,  classification,  rate,  rule  or  regula- 
tion shall  be  reasonable  and  just,  and  such  amended, 
altered  or  new  schedule,  classification,  rate,  rule  or  regu- 
lation shall  be  put  into  effect  by  such  railroad  company 
or  companies,  within  not  more  than  30  days  after  re- 
ceiving written  notice  of  the  order  of  the  board;  pro- 
vided, that  before  such  order  is  made  by  the  board, 
notice  and  a  hearing  shall  be  given,  as  required  in  §  9 
of  this  Act. 

Fixing  charges  between  railroads.  §  7171.  If  any  two 
or  more  railroad  companies  having  connecting  lines  of 
road  shall  fail  to  agree  upon  a  fair  and  just  division  61 
the  charges  arising  from  the  transportation  of  freights, 
passengers  or  cars  over  their  lines,  the  commissioners 
shall  fix  the  pro-rata  part  of  such  charges  to  be  received 
by  each  of  said  connecting  lines. 

Rules  of  procedure.  §  7172.  The  board  of  railroad  com- 
missioners shall  have  power  to  adopt  rules  to  govern 
its  proceedings,  and  to  regulate  the  mode  and  manner 
of  all  investigations  and  hearings  held  by  the  board 
under  the  authority  conferred  upon  it  by  this  Act  or  by 
the  Act  to  which  this  is  supplemental;  provided,  no  per- 
son desiring  to  be  present  at  any  such  investigation  or 
hearing  by  said  board  shall  be  denied  admission.  The 
attorney-general,  when  requested,  shall  give  the  railroad 
commissioners  or  the  attorney  for  the  board  such  coun- 
sel and  advice  as  they  or  the  attorney  for  the  board  may 
from  time  to  time  require,  and  it  is  hereby  made  his 
duty  to  aid  and  assist  them  and  said  attorney  for  the 
board  in  all  hearings,  suits  and  proceedings  in  which 
said  commissioners  or  attorney  for  the  board  may  re- 
quest his  assistance. 

Power  over  through  freight  rates.  §  7173.  The  board 
of  railroad  commissioners  shall  have  power,  and  it  is 
hereby  made  its  duty,  to  investigate  all  through  freight 
rates  on  railroads  in  Kansas;  and  when  the  same  are 
in  the  opinion  of  the  board  excessive,  or  levied  in 
violation  of  the  interstate  commerce  law  or  the  rules  and 
regulations  of  the  Interstate  Commerce  Commission,  the 
officials  of  such  railroad  shall  be  notified  of  the  facts 
and  requested  to  reduce  the  rates  or  make  the  proper 
corrections,  as  the  case  may  be.  When  the  rates  are 
not  changed  or  the  proper  corrections  are  not  made, 
according  to   the   request  of  the  board  of  railroad  com- 


missioners, the  latter  shall  notify  the  Interstate  Com- 
merce Commission,  and  apply  to  it  for  relief,  by  filing 
a  complaint;  and  all  cases  commenced  before  the  Inter- 
state Commerce  Commission  under  the  authority  con- 
ferred by  this  section  shall  be  brought  in  the  name  of  the 
Board  of  Railroad  Commissioners  of  the  State  of  Kansas, 
by  the  attorney  for  the  board,  and  all  such  cases  shall 
be  prosecuted  at  the  expense  of  the  State. 

Railroad  to  furnish  hoard  copies  of  rates,  schedules, 
rules,  etc.  §  7174.  Within  30  days  after  the  taking  effect 
of  this  Act,  all  railroads  doing  business  in  the  State  of 
Kansas,  and  to  which  any  of  the  provisions  of  this  Act 
apply,  shall  furnish  the  board  of  railroad  commissioners 
copies  of  all  their  schedules  of  rates,  charges  and  classi- 
fications of  freight,  joint  tariffs,  and  divisions  of  rates, 
and  shall,  in  addition  thereto,  furnish  said  board  with 
copies  of  all  rules  and  regulations  concerning  the  switch- 
ing or  transfer  of  freight  and  cars,  and  of  rules  providing 
charges  therefor,  and  copies  of  all  rules,  orders  or 
schedules  fixing  or  providing  for  mileage,  per  diem,  de- 
murrage or  storage  charges,  or  tor  use  of  cars,  loaded  or 
empty,  and  of  printed  rules  governing  the  action  of  em- 
ployes in  operating  trains  engaged  in  switching,  pas- 
senger or  freight  traffic;  and  upon  the  adoption  of  any 
new  classification,  schedule  of  rates,  rules  or  orders  by 
any  such  railroad  company,  it  shall  within  10  days  there- 
after furnish  said  board  with  copies  thereof;  and  the 
failure  of  any  railroad  company  to  which  any  of  the 
provisions  of  this  Act  apply  to  furnish  any  of  the  things 
above  provided,  within  the  time  specified,  shall  subject 
such  railroad  company  to  a  fine  of  not  less  than  $100 
nor  more  than  $1,000  for  each  day  that  such  failure  and 
neglect  shall  continue,  and  each  day  of  such  continuance 
shall   constitute   a   separate   offense. 

Witness  and  sheriff's  fees.  §  7175.  Each  witness  who 
shall  appear  before  the  board,  or  any  member  thereof, 
in  answer  to  a  subpoena,  shall  receive  for  his  attend- 
ance $1.50  per  day  and  5  cents  per  mile,  traveled  by 
the  nearest  practicable  route  in  going  to  and  returning 
from  the  place  where  the  witness  is  directed  to  appear, 
which  shall  be  ordered  paid  by  the  auditor  of  State, 
when  the  State  is  liable  therefor,  who  shall  draw  and 
deliver  his  warrant  upon  the  State  treasurer  to  such 
witness  for  such  amount,  upon  the  presentation  of 
proper  vouchers,  sworn  to  by  such  witness  and  approved 
by  the  chairman  of  the  board.  In  case  any  witness  shall 
fail  or  refuse  to  obey  a  subpoena,  said  board  or  any 
member  thereof  may  apply  to  any  District  Court  or 
judge  thereof  for  an  order  and  an  attachment  for  said 
witness,  directed  to  any  sheriff  of  the  State  of  Kansas, 
and  which  said  court  or  judge  may  issue,  and  compel 
him  to  attend  before  the  board,  or  any  member  thereof, 
and  give  his  testimony  and  answer  any  question  upon 
such  matters  as  shall  be  lawfully  required  of  him.  If  a 
witness,  after  being  duly  summoned  and  ordered  by  any 
such  court  or  judge,  shall  fail  or  refuse  to  attend,  or 
to  answer  any  question  propounded  to  him,  and  which 
he  would  be  required  to  answer  if  in  a  court,  such 
court  or  judge  shall  have  the  power  to  fine  and  imprison 
such  witness  for  contempt.  The  claim  that  any  such 
testimony  may  tend  to  criminate  the  person  giving  it 
shall  not  excuse  such  witness  from  testifying,  but  such 
evidence  or  testimony  shall  rot  be  used  against  such 
person  on  the  trial  or  [of]  any  criminal  proceeding,  nor 
shall  he  be  liable  to  criminal  prosecution  for  or  on  ac- 
count of  any  transaction,  matter  or  thing  concerning 
which  he  may  so  testify;  provided,  that  the  board  shall 
in  all  cases  have  the  right,  in  its  discretion,  to  issue 
proper  process  and  take  depositions,  instead  of  compel- 
ling personal  attendance  of  witnesses,  as  depositions  are 
taken  in  civil  cases.  The  sheriff  executing  any  process 
under  the  provisions  of  this  section,  or  under  any  other 
provisions  of  this  Act,  shall  receive  such  compensation 
as  may  be  allowed  by  the  board,  not  to  exceed  tees  now 
prescribed  by  law  for  similar  service  in  civil  cases.  The 
board  is  authorized  to  tax  all  costs  of  hearings  to 
parties   or  the   State,   as  in   its  judgment   shall  be  just. 

Board  to  furnish  copies.  §  7176.  Upon  application  of 
any  person,  the  board  shall  furnish,  free,  certified  copies 
of  any  classification,  rates,  rules,  regulations  or  orders; 
and  such  certified  copies,  or  printed  copies,  published 
by  authority  of  the  board  of  railroad  commissioners, 
shall  be  admissible  in  evidence  in  any  suit,  and  sufficient 


552 


Natioxal  Association  of  Eailway  Comjiissioners 


to  establish  the  fact  that  in  any  charge,  rate,  rule,  order 
or  classification  therein  contained,  and  which  may  be  in 
issue  in  the  trial,  is  the  official  act  of  the  board  of 
railroad  commissioners;  and  such  determinations  and 
orders  of  the  board  shall  be  prima  facie  evidence,  in  any 
action  in  which  they  are  offered,  of  the  reasonableness 
and  justness  of  the  classifications,  rates  and  charges 
involved  therein  and  of  all  other  matters  therein  found 
and  determined;  and  after  the  lapse  of  30  days  from 
the  time  such  determinations  and  orders  shall  be  made, 
no  suit  then  pending  to  set  the  same  aside,  and  they 
remaining  in  full  force  and  effect,  such  determinations 
and  orders  shall  be  held  to  be  conclusive  as  to  the 
matters  involved  therein.  A  substantial  complance  with 
the  requirements  of  this  Act  shall  be  sufficient  to  give 
effect  to  all  determinations  and  orders  made  and  estab- 
lished by  the  board. 

Free  or  reduced  rates  not  prohibited.  §  7177.  Nothing 
herein  or  in  the  Act  to  which  this  is  supplemental  shall 
prevent  the  carriage,  storage  or  handling  of  freight  free, 
or  at  reduced  rates,  for  the  State,  or  for  city,  county 
or  town  government,  or  for  charitable  purposes,  or  to 
and  from  fairs  and  expositions,  for  exhibition  thereof, 
or  the  free  carriage  of  destitute  and  indigent  persons, 
or  the  issuance  of  mileage  or  excursion  passenger  tickets; 
nor  to  prevent  railroads  from  giving  special  rates  or 
free  transportation  to  the  officers  and  members  of  the 
Kansas  National  Guard,  to  ministers  o£  religion,  inmates 
of  hospitals,  eleemosynary  or  charitable  institutions,  or 
to  any  railroad  officers,  agents,  employes,  attorneys,  wit- 
nesses attending  court  or  before  the  commissioners  on 
behalf  of  such  railroad  company,  stockholders,  or  di- 
rectors. 

Railroad  increasing  rates.  §  7178.  It  shall  be  unlawful, 
and  a  violation  of  this  Act,  for  any  railroad  company  to 
change  the  classification  of  its  freights,  or  to  raise  the 
charges  therefor,  without  first  having  obtained  on  order 
from  said  commissioners  permitting  such;  provided,  that 
nothing  in  this  Act  shall  be  construed  to  prevent  the 
railroads,  with  the  consent  of  the  said  commissioners, 
from  declaring  and  making  emergency  rate  or  rates 
for  a  limited  time.  All  notices  given  by  the  board  of 
railroad  commissioners  to  any  railroad  company  may  be 
served  by  delivering  a  copy  to  any  station  agent,  clerk, 
treasurer  or  director  of  such  corporation. 

Act  applies  to  common  carriers  except  street  railways. 
§  7179.  The  provisions  of  this  Act  shall  be  construed 
to  apply  to  and  affect  only  the  transportation  of  passen- 
gers, freights,  express  matter  and  cars  between  points 
within  this  State,  by  railroad  and  express  companies  and 
all  other  common  carriers,  not  including  street  railway 
companies. 

~PenaUi.es  and  remedies  of  law  of  1901  apply  to  law  of 
1906.  §  7180.  All  the  provisions  of  chapter  286  of  the  Ses- 
sion Laws  of  1901,  including  all  penalties  and  remedies 
In  case  of  violations  of  law  or  of  the  orders  of  the 
board,  in  so  far  as  applicable,  shall  apply  to  this  Act  the 
same  as  if  said  provisions  had  been  re-enacted  herein. 

Rebates  and  special  privileges.  §  7181.  It  shall  be 
unlawful  for  any  railroad  company  or  other  common 
carrier  to  grant,  or  for  any  consignee  or  consignor  to 
receive,  any  rebate  or  drawback,  or  enter  into  any  ar- 
rangement whereby  such  consignee  or  consignor  shall 
directly  or  indirectly  receive  a  lower  rate  for  transport- 
ing freight  than  the  rate  fixed  by  the  orders  of  this 
board  or  the  published  schedules  of  such  railroad  com- 
pany. It  shall  be  unlawful  for  any  railroad  company  or 
other  common  carrier  to  grant  any  special  privileges  to 
any  person,  firm,  or  corporation,  either  in  the  way  of 
a  preference  in  furnishing  cars,  sidetrack  facilities,  sites 
for  elevators,  mills,  or  warehouses,  or  any  other  form 
of  preference,  privilege,  or  discrimination.  It  shall  be 
unlawful  for  any  railroad  company  or  other  common  car- 
rier, or  any  agent  or  employe  thereof,  or  for  any  person, 
firm  or  corporation  to  enter  into  any  secret  agreement 
with  any  firm,  person  or  corporation  for  the  purpose  of 
giving  any  firm,  person  or  corporation  any  special  privi- 
leges, favors  or  discriminations  in  favor  of  such  firm, 
person,  or  corporation. 

Attorney  for  board  of  railroad  commissioners.  §7182. 
The  office  of  the  attorney  for  the  board  of  railroad  com- 
missioners Is  hereby  created.     He  shall  be  appointed  by 


the  governor  and  shall  hold  his  office  for  the  period  of 
two  years,  and  shall  have  a  salary  of  $2,500  per  annum. 
He  shall  appoint  a  stenographer,  who  shall  receive  a 
salary  of  $1,200  per  annum,  to  be  paid  by  the  State,  and 
may  remove  him  at  pleasure.  It  is  hereby  made  the 
duty  of  such  attorney  to  make  a  special  study  of  the 
railroad  laws  of  this  and  other  States  and  the  interstate 
commerce  Act,  and  to  act  as  counsel  for  the  board  of 
railroad  commissioners;  to  prosecute  and  defend  all 
suits  and  proceedings  in  behalf  of  the  State,  in  the 
name  of  the  State,  in  connection  with  the  acts  of  the 
said  board,  and  on  behalf  of  parties  complaining  of 
unjust  discrimination  by  the  railroad  or  other  violations 
of  this  Act;  and  he  shall,  when  he  believes  or  when  he 
is  notified  by  the  board  of  railroad  commissioners  that  it 
has  knowledge  or  good  reason  to  believe  that  any  classi- 
fication, rate  or  charge  made  by  any  railroad  company 
in  this  State  is  unjust,  unreasonable,  or  discriminative, 
whether  such  rate  or  charge  is  local,  special  or  general, 
or  other  matters  concerning  such  company  in  the  opera- 
tion of  its  road  in  the  State  of  Kansas  is  unreasonable 
or  discriminative  or  violative  of  the  laws  of  Kansas, 
make  complaint  thereof  in  writing  to  the  board  of  rail- 
road commissioners,-  in  the  name  of  the  State  on  his 
relation,  and  said  board  shall  thereupon  proceed  to  coa- 
sider  and  determine  such  complaint  In  all  respects  as  Is 
provided  for  the  hearing  and  determining  of  such  com-  . 
plaint  in  other  cases. 

Officers  of  the  board.  §  7183.  The  said  board  of  rail- 
road commissioners  shall  have  power  to  appoint  a  secra- 
tary,  who  shall  also  be  the  rate  clerk  for  said  board,  and  a 
stenographer,  and  to  remove  either  at  pleasure;  also,  said' 
board  is  hereby  authorized  to  employ  and  keep  in  con- 
tinuous service  a  rate  expert,  who  shall  hold  his  offl<  e 
subject  to  the  pleasure  of  the  board,  but  no  person  shall  I  e 
appointed  by  the  board  as  such  rate  expert  who  has  ni  t 
had  at  least  seven  years'  experience  in  railroad  traffic  and 
rate-making  or  who  is  directly  or  indirectly  interested  la 
the  stocks  or  bonds  of  any  railroad  company.  Such  e:;- 
pert,  before  entering  upon  the  discharge  of  his  duties,  sha  1 
take  and  subscribe  an  oath  to  faithfully  and  to  the  best  <  t 
his  ability  perform  and  discharge  the  duties  of  his  office ; 
and  said  board  of  railroad  commissioners  is  also  hereb ' 
empowered  to  employ  such  other  extra  accountants  an  1 
rate  experts  and  other  special  assistants  as  in  its  judgmei  t 
may  be  necessary. 

Record  and  seal  of  board.  §  7184.  Said  board  of  con  - 
missioners  shall  keep  an  accurate  record  of  all  its  officii  1 
acts,  and  shall  also  provide  a  seal,  on  which  shall  be  th  » 
impression  "Board  of  Railroad  Commissioners,  State  <  t 
Kansas.  Seal."  All  process  or  certificates  issued  or  give  i 
by  the  board  shall  be  attested  by  said  seal.  Copies  of  th  s 
record  of  the  board,  certified  by  the  secretary  and  atteste  1 
with  the  seal  of  the  board,  shall  be  received  in  evide 
with  the  like  effect  as  copies  of  other  public  records. 


Office  of  the  board.  §  7185.  Said  commissioners  sna 
keep  their  office  in  the  state-house,  in  the  city  of  Topeki , 
and  they  or  either  of  them  may  act  officially  in  any  pai  t 
of  the  State.  They  shall  each  receive  a  salary  of  $2,50) 
per  annum,  and  the  secretary  and  rate  clerk  shall  receiv  } 
a  salary  of  $1,800  per  annum,  and  the  stenographer  sha  1 
receive  a  salary  of  $1,200  per  annum,  to  be  paid  as  th3 
salaries  of  other  State  officers  are  paid;  and  all  expeit 
accountants,  expert  rate  clerks,  special  attorneys  and  other 
special  assistants  employed  by  said  board  shall  be  paid  ovt 
of  the  contingent  fund  of  said  board;  and  the  said  boar  1 
and  attorney  for  the  board  shall  be  provided  at  the  expensa 
of  the  State  with  necessary  office  furniture  and  stationery. 

Poicer  over  common  carriers.  §  7186.  Said  commii;- 
sioners  shall  have  the  general  supervision  of  all  railroads 
operated  by  steam  or  electricity  or  other  motive  power 
within  the  state,  and  all  express  companies,  sleeping-car 
companies,  and  all  other  persons,  companies  or  corporn- 
tions  doing  business  as  common  carriers  in  this  State;  an  J 
shall  inquire  into  any  neglect  or  violations  of  the  laws  cf 
this  State  by  any  person,  company  or  corporation  engaged 
in  the  business  of  transportation  of  persons  or  property 
therein,  or  by  the  officers,  agents  or  employes  thereof;  and 
shall  also  from  time  to  time  carefully  examine  and  inspect 
the  condition  of  each  railroad  in  the  State,  and  of  its 
equipment,  and  the  manner  of  its  conduct  and  manage- 
ment with  reference  to  the  public  safety  and  convenience; 
provided,  this  section  shall  not  be  construed  as  applying  to 


Public  Service  Laws 


553 


street  railway  or  electric  lines  operated  wholly  within  one 
county. 

Power  in  gathering  evidence.  §  7187.  The  said  com- 
missioners shall  have  power,  in  the  discharge  of  the  duties 
of  their  office,  to  examine  any  of  the  books,  papers  or  docu- 
ments of  any  such  company  or  corporation,  or  to  examine, 
under  oath  or  otherwise,  any  officer,  director,  agent  or  em- 
ploye thereof,  or  any  other  person.  The  commissioners,  or 
either  of  them,  are  empowered  to  issue  subpoenas  and  ad 
minister  oaths;  and  any  person  who  may  wilfully  obstruct 
said  commissioners,  or  either  of  them,  in  the  performance 
of  their  duties,  or  who  may  refuse  to  give  any  information 
within  their  possession  that  may  be  required  by  said  com- 
missioners within  the  line  of  their  duty,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  liable,  on  convic- 
tion thereof,  to  a  fine  not  less  than  $100  nor  more  than 
$1,000  dollars,  in  the  discretion  of  the  court;  the  cost  of 
such  subpoenas  and  investigation  to  be  paid  by  the  State, 
on  the  certificate  of  said  commissioners. 

Orders  of  board  to  railroad  transportation  companies. 
§  7188.  Whenever  in  the  Judgment  of  the  board  of  railroad 
commissioners  it  shall  appear  that  any  railroad  corporation 
or  other  transportation  company  fails  in  any  respect  or 
particular  to  comply  with  the  terms  of  its  charter  or  the 
laws  of  the  State,  or  whenever  in  their  judgment  any  re- 
pairs are  necessary  upon  its  road,  or  any  addition  to  its 
rolling-stock,  or  any  addition  to  or  change  of  its  stations 
or  station  houses,  or  any  change  in  its  rates  for  transport- 
ing passengers  or  freight,  or  any  change  in  the  mode  of 
operating  its  road  and  conducting  its  business,  is  reason- 
able and  expedient  in  order  to  promote  the  security,  con- 
venience and  accommodation  of  the  public,  said  commis- 
sioners shall  inform  such  corporation  of  the  improvement 
and  changes  which  they  deem  to  be  proper  by  a  notice 
thereof  in  writing,  to  be  served  by  leaving  a  copy  thereof, 
certified  by  the  secretary  of  the  board,  with  any  station 
agent,  clerk,  treasurer,  manager  or  any  director  of  said 
corporation,  which  notice  shall  state  the  time  within  which 
said  improvements  or  changes  are  required  to  be  made; 
and  if  such  orders  are  not  complied  with  within  the  time 
stated  in  said  notice,  the  attorney  for  the  board  shall  forth- 
with file  with  the  commissioners  a  complaint  in  writing, 
praying  for  an  investigation  of  said  matter,  which  com- 
plaint shall  be  heard  according  to  the  provisions  of  this 
Act,  as  in  other  cases.  Nothing  in  this  section  nor  §  7 
shall  be  construed  as  relieving  any  railroad  company  or 
other  transportation  corporation  from  their  responsibility 
or  liability  for  damage  to  person  or  property. 

Use  of  private  cars.  §  7189.  Subject  to  such  rules,  reg- 
ulations and  restrictions  as  the  board  of  railroad  commis- 
sioners may  prescribe,  and  person,  partnership  or  corpora- 
tion engaged  in  business  other  than  that  of  a  common  car- 
rier may  own  or  lease  railroad  cars,  and  may  load  and  bill 
the  same  to  any  railroad  point,  and  all  railroad  companies 
and  connecting  lines  to  whom  any  such  car  is  delivered 
shall  receive  and  transport  the  same  with  all  reasonable 
dispatch  towards  its  destination;  provided,  that  such  cars 
shall  be  constructed  in  conformity  to  the  rules  and  regula- 
tions of  the  company  to  which  such  application  is  made, 
and  for  such  compensation  as  may  be  fixed  by  the  commis- 
sioners; and  having  arrived  at  its  destination  it  shall  be 
unloaded,  and  shall  be,  unless  otherwise  ordered  by  the 
shipper,  returned  to  its  starting  point  with  like  dispatch, 
and  shall  not  be  deviated  from  its  route,  and  shall  be  in  all 
respects  handled  the  same  as  a  car  belonging  to  any  rail- 
road company;  provided,  that  it  may  be  by  said  railroad 
company  reasonably  loaded  upon  its  return  trip,  and  the 
owner  be  allowed  a  reasonable  sum  for  its  use;  and  such 
owner  shall  be  responsible  for  all  necessary  repairs. 

,  Condemnation  for  spurs  and  switches.  §  7190.  Any  per- 
son, upon  written  permission  given  by  the  board,  may  ex- 
ercise, in  the  same  manner  and  to  the  same  extent  as  is 
now  enjoyed  by  raiload  companies,  the  right  of  condemn- 
ing and  appropriating  land  and  laying  out  and  construct- 
ing any  spur,  switch  or  railroad  track  thereover,  and  con- 
necting the  same  with  any  railroad  already  constructed; 
and  the  right  to  use  such  spur,  switch  or  track  shall  be 
public,  at  rates  and  on  terms  and  conditions  such  as  the 
board  shall  prescribe,  if  the  parties  interested  can  not 
agree;  provided,  that  no  such  connection  shall  be  made 
with  the  main  track  of  any  railroad  between  stations  with- 
out the  consent  of  such  railroad  company. 

Compelling  railroads  to  connect.     §  7191.    Whenever,  in 


the  judgment  of  the  board  of  railroad  commissioners,  it  Is 
necessary  to  the  convenience  or  accommodation  of  the 
public  that  two  or  more  roads  that  cross  or  run  parallel 
with  each  other  should  connect  at  or  near  the  point  of 
crossing  or  places  of  business  along  such  road,  for  the 
transfer  of  cars  from  one  road  to  another,  the  board  may 
require  the  construction  of  necessary  switch  connections 
between  such  railroads  at  the  points  where  deemed  neces- 
sary in  the  following  manner:  Said  board  of  railroad  com- 
missioners shall  serve  upon  the  railroad  companies  whose 
roads  it  is  deemed  necessary  to  connect  a  certified  copy  of 
their  findings  and  decisions,  in  which  shall  be  stated  the 
character  of  connections  to  be  built,  whose  duty  it  shall 
then  be  to  construct  such  switch  connections  within  such 
time  as  the  board  shall  prescribe,  and  the  expense  of  the 
same  shall  be  borne  equally  by  the  companies  whose  roads 
so  connect  or  run  parallel.  If  one  of  said  companies  shall 
build  the  whole  of  said  switch,  it  may  recover  one-half  of 
the  cost  of  the  same  from  the  company  whose  duty  it  was 
to  construct  one-half  of  the  switch.  The  companies  whose 
roads  so  connect  may  operate  and  maintain  such  switch 
jointly.  Any  railroad  company  failing  or  refusing  to  com- 
ply with  the  requirements  of  the  said  board  in  relation  to 
such  switch  shall  be  subject  to  a  penalty  of  $500,  to  be 
recovered  in  a  civil  action  in  the  name  of  the  State. 

Crossing  or  junction  of  railroads.  §  7192.  Any  railroad 
company  authorized  to  operate  a  railroad  in  this  State  de- 
siring to  cross  or  unite  its  track  with  any  other  railroad 
upon  the  grounds  of  such  other  railway  corporation  shall 
make  application  in  writing  to  the  board  of  railroad  com- 
missioners, stating  the  place  of  crossing  or  intersection; 
whereupon  the  board  of  railroad  commissioners  shall  fix  a 
day  for  the  hearing  of  such  application,  and  notify  the  rail- 
way corporations  interested,  at  which  time,  unless  further 
time  be  granted  by  the  board,  the  corporations  interested 
shall  be  heard  in  regard  to  the  necessity,  place,  manner 
and  time  of  such  crossing  or  connection;  and  upon  such 
hearing  either  party,  or  the  board,  may  call  and  examine 
witnesses  in  regard  to  the  matter;  and  the  board  shall,  after 
such  hearing  and  a  personal  examination  of  the  locality 
where  a  crossing  or  connQction  is  desired,  determine 
whether  there  is  a  necessity  for  such  crossing  or  not,  and, 
if  so,  the  place  thereof,  whether  it  shall  be  over  or  under 
the  existing  railroad,  or  at  grade,  and  in  other  respects  the 
manner  of  such  crossing  and  the  terms  upon  which  the 
same  shall  be  made  and  maintained;  provided,  that  no 
crossing  shall  be  made  through  the  yards  or  over  the 
switches  or  sidetracks  of  any  existing  railroad  if  a  crossing 
can  be  effected  at  any  other  place  that  is  practicable.  If 
either  party  shall  be  dissatisfied  with  the  terms  and  order 
made  by  said  board  of  railroad  commissioners,  it  may  ap- 
peal to  the  District  Court  of  the  county  wherein  such  cross- 
ing or  connection  is  sought  to  be  made  in  the  same  manner 
as  appeals  are  allowed  from  a  judgment  of  a  justice  of  the 
peace  to  the  District  Court,  and  said  appeal  and  all  subse- 
quent proceedings  shall  only  affect  the  amount  of  com- 
pensation, if  any,  and  other  terms  of  crossing  fixed  by  said 
board,  but  shall  not  delay  the  making  of  said  crossing  or 
connection;  provided,  the  corporation  desiring  such  cross- 
ing or  connection  shall  deposit  with  the  county  treasurer 
of  the  county  where  crossing  or  connection  is  sought  to  be 
made  the  amount  of  compensation,  if  any  is  fixed  by  said 
board  of  railroad  commissioners,  and  shall  execute  and  file 
with  said  board  a  bond  of  sufficient  security,  to  be  approved 
by  any  member  of  said  board,  to  pay  all  damages  and  com- 
ply with  all  terms  that  may  be  adjudged  by  the  District 
Court.  Any  railroad  company  which  shall  violate  or  evade 
any  of  the  provisions  of  this  section  shall  forfeit,  for  every 
such  offense,  to  the  person,  company  or  corporation  in- 
jured thereby,  three  times  the  actual  damages  sustained  by 
the  party  aggrieved. 

Interlocking  signals  at  crossings.  §  7193.  When  in  any 
case  two  or  more  railroads  crossing  each  other  at  a  common 
grade  shall,  by  a  system  of  interlocking  or  automatic  sig- 
nals, or  by  any  works  or  fixtures  to  be  erected  by  them, 
render  it  safe  for  engines  and  trains  to  pass  over  such 
crossings  without  stopping,  and  such  interlocking  or  auto- 
matic signals  or  works  or  fixtures  shall  be  approved  by  the 
board  of  railroad  commissioners,  then,  in  that  case,  it  is 
hereby  made  lawful  for  the  engines  and  trains  of  such 
railroads  to  pass  over  such  crossing  without  stopping,  any 
law  or  the  provisions  of  any  law  to  the  contrary  notwith- 
standing; and  when  two  or  more  railroads  cross  each  other 
at  a  common  grade,  either  of  such  roads  may  apply  to  the 


654 


National  Association  of  Railway  Commissioners 


board  of  railroad  commissioners  for  the  permission  to  intro- 
duce upon  botli  of  said  railroads  some  system  of  interlock- 
ing or  automatic  signals  or  works  or  fixtures  rendering  it 
safe  for  engines  and  trains  to  pass  over  such  crossings 
without  stopping,  and  it  shall  be  the  duty  of  said  board 
of  railroad  commissioners,  if  the  system  of  works  and  fix- 
tures which  it  is  proposed  to  erect  by  said  company  are 
in  the  opinion  of  the  board  sufficient  and  proper,  to  grant 
such  permission. 

Interlocking  signals  at  crossings.  §  7194.  Any  railroad 
company  which  has  obtained  permission  to  introduce  a  sys- 
tem of  interlocking  or  automatic  signals  at  its  crossing  at 
a  common  grade  with  any  other  railroad,  as  provided  in  the 
last  section,  may,  after  30  days'  notice  in  writing  to  such 
other  railroad  company,  introduce  and  erect  such  inter- 
locking or  automatic  signals  or  fixtures;  and  If  such  rail- 
road company,  after  such  notification,  refuses  to  join  with 
the  railroad  company  giving  such  notice  in  the  construction 
of  such  works  or  fixtures,  it  shall  be  lawful  for  said  first 
company  to  enter  upon  the  right  of  way  and  tracks  of 
such  second  company,  in  such  manner  as  to  not  unneces- 
sarily impede  the  operation  of  such  road,  and  erect  such 
works  and  fixtures;  and  may  recover  in  any  action  at  law 
from  such  second  company  one-half  of  the  total  cost  of 
erecting,  maintaining  and  operating  such  interlocking  or 
automatic  signals  or  works  or  fixtures  on  both  of  said 
roads. 

Application  for  depots,  switches,  etc.  §  7195.  It  shall 
be  the  duty  of  the  board  of  railroad  commissioners,  upon 
complaint  and  application  by  the  mayor  and  council  of  any 
city,  or  the  trustee  of  any  township  in  this  State,  request- 
ing an  order  of  said  board  to  require  any  railroad  com- 
pany in  this  State  to  construct  any  depots,  sidetracks, 
switches  or  other  facilities  at  any  point  on  the  line  of  such 
railroad,  for  the  convenience  and  safety  of  the  public  in  the 
transaction  of  business  with  such  railroad  and  the  inter- 
change of  business  between  connecting  or  parallel  railroads 
at  any  station,  town  or  city  in  this  state,  to  Investigate  such 
complaint,  after  giving  proper  notice  to  the  railroad  com- 
panies interested;  and  said  commissioners,  after  such  ex- 
amination, shall  make  such  orders  as  they  shall  deem 
necessary  and  proper  in  relation  to  the  construction  and 
maintenance  of  such  depots,  connections,  switches  or  side- 
tracks as  in  the  judgment  of  the  said  board  shall  be  neces- 
sary. 

Procedure  of  the  hoard.  §  7196.  It  shall  be  the  duty  of 
said  board  of  railroad  commissioners,  upon  complaint  of 
any  person,  firm,  association  or  corporation,  or  the  mayor 
and  council  of  any  city,  or  the  attorney  for  the  board,  set- 
ting forth  that  the  freight  or  passenger  tariffs  put  into 
effect  by  the  railroad  company,  within  the  state  of  Kansas, 
or  any  charges  or  classifications  made  by  such  company, 
or  any  rules  or  regulations  as  to  the  handling  of  cars, 
the  running  of  trains,  or  other  matter  concerning  such  com- 
pany In  the  operation  of  its  road  within  this  State,  are  un- 
reasonable, unjust,  or  discriminative,  or  violative  of  the 
laws  of  Kansas,  or  the  order  of  said  board,  and  that  the 
same  should  be  altered,  amended,  or  changed,  to  investigate 
such  tariffs,  charges,  classifications,  rules  and  regulations 
or  other  matter  concerning  such  company  in  the  operation 
of  its  road  specified  in  such  complaint,  and  forthwith  notify 
the  company  complained  against  of  the  filing  thereof,  and 
deliver  to  the  general  manager,  general  attorney  or  other 
chief  officer  of  such  company  or  common  carrier  within  the 
state  of  Kansas  a  copy  of  such  complaint,  and  shall  notify 
such  company  or  common  carrier  that  unless  the  matter 
complained  of  is  rectified  within  10  days  from  the  date  of 
service  of  such  notice  that  the  said  board  will  consider  such 
complaint  at  a  time  fixed  by  the  board,  to  be  stated  in  such 
notice,  not  exceeding  20  days  from  the  date  of  service  of 
such  notice,  and  such  hearing  may  be  adjourned  from  time 
to  time  upon  the  order  of  the  board.  Such  complaint  shall 
be  heard  and  considered  in  an  informal  manner,  without 
further  pleadings,  except  the  answers  of  said  defendants, 
and  under  such  rules  and  regulations  as  the  board  may 
from  time  to  time  provide  and  order  to  secure  a  speedy 
hearing  and  an  equitable  determination  of  the  questions 
involved.  Printed  copies  in  volumes  or  pamphlets  of  the 
reports,  orders  or  decisions  of  the  Interstate  Commerce 
Commission  or  of  the  board  of  railroad  commissioners  of 
any  other  State,  purporting  or  proved  to  have  been  pub- 
lished by  the  authority  thereof,  shall  be  admitted  as  com- 
petent evidence  when  otherwise  material  in  all  hearings 
before  the  board  of  railroad  commissioners  or  by  the  courts 


of  this  State  in  all  actions  relating  to  the  orders  of  said 
board.  The  attorney  for  the  board  of  railroad  commission- 
ers shall  appear  at  such  hearings  on  behalf  of  the  party  or 
parties  making  such  complaint,  and  said  parties  may,  if 
they  desire,  employ  other  counsel  to  assist  in  the  prepara- 
tion and  hearing  of  any  such  complaint.  Upon  such  hear- 
ing it  shall  be  the  duty  of  the  board  of  railroad  commission- 
ers, and  said  board  is  hereby  authorized,  empowered,  and 
directed,  to  give  full  hearing  upon  the  matters  set  forth  in 
such  complaint,  and  thereupon  to  find,  determine,  prescribe 
and  order  what  will  be  the  just  and  reasonable  rate  or 
rates,  charge  or  charges,  to  be  thereafter  made  and  ob- 
served in  such  case,  and  what  regulation,  classification  or 
practice  in  respect  to  the  matters  involved  will  be  just,  fair, 
and  reasonable,  and  should  thereafter  be  made  and  fol- 
lowed. When  a  complaint  has  been  made  which  involves 
general  rates  or  classifications  on  general  rates  on  certain 
commodities,  the  commissioners  shall  investigate  and  de- 
termine all  matters  so  involved  without  regard  to  the  sub- 
sequent action  of  the  parties  making  such  complaint  or  the 
withdrawal  of  the  complaint,  and  whenever  the  board  of 
railroad  commissioners  shall  determine  what  is  a  reasoa- 
able  charge  for  any  freight,  based  on  the  classification  ex- 
isting at  the  time  of  such  determination,  such  rates  aid 
classifications  and  all  rates  and  classifications  now  in  effect 
shall  not  be  altered  thereafter  without  the  consent  of  the 
board,  but  such  determination  as  to  what  is  a  reasonable 
charge  shall  be  determined  according  to  the  classlficatlca 
then  existing.  If  any  railroad  company  shall  make,  charge 
or  receive  from  any  shipper  a  less  rate  for  the  transport  i- 
tion  of  freight  than  the  rate  authorized  by  the  board  of  rail- 
road commissioners,  it  shall  make  the  same  lesser  rate  to 
all  persons  for  all  like  contemporaneous  services,  in  tie 
transportation  of  like  kinds  of  freight  under  substantially 
similar  circumstances  and  conditions;  and  in  case  any  suci 
company  shall  make,  charge  or  receive  any  such  lesser  rate 
from  one  person  and  a  greater  rate  from  another  persoh, 
the  latter  may  sue  and  recover  the  difference  between  tha 
rate  paid  by  him  and  such  lesser  rate,  together  with  rej  - 
sonable  attorney's  fees  for  recovering  the  same  in  any  coui  t 
of  competent  jurisdiction.  In  case  any  railway  compan  / 
shall  charge  and  receive  any  rate  for  the  transportation  c  t 
freight  in  excess  of  the  rate  authorized  by  the  board  c  f 
railroad  commissioners,  then  said  railroad  company  sha  1 
repay  the  amount  so  charged  or  received  in  excess  of  th  ; 
rate  fixed  by  the  board  of  railroad  commissioners,  on  di  - 
mand  therefor;  and  in  case  of  failure  to  repay  any  sue  t 
amount  within  30  days  after  such  demand,  the  amoun , 
thereof  may  be  recovered,  together  with  reasonable  attorney' ; 
fees,  in  an  action  brought  for  that  purpose  in  any  court  o! 
competent  jurisdiction;  provided,  that  if  such  railroa  1 
companies  shall,  within  30  days  after  such  decision  or  d(  - 
termination  by  said  board,  bring  suit  to  test  the  reasonabli  - 
ness  of  such  rates,  no  suit  shall  be  brought  for  said  exces ; 
until  such  rates  have  been  adjudicated. 

Executing  orders  of  board.  §  7197.  In  all  cases  wher  > 
complaints  shall  be  made  in  accordance  with  the  provision  > 
of  §  18  of  this  Act  that  an  unreasonable  charge  is  made,  o  • 
that  the  rates  charged  for  freight  are  unjust,  unreasonable , 
or  extortionate,  and  the  board  shall  find  such  complaint  t> 
be  true,  they  shall  require  a  modified  charge  for  the  servic ! 
rendered  such  as  they  shall  deem  to  be  reasonable,  and 
shall  certify  their  findings  to  the  managing  officer  of  th  ■> 
road  against  which  complaint  is  made;  and  the  rates  so  d«- 
termined  by  the  board  to  be  reasonable  shall  be  by  the  rail- 
road company  affected  thereby  accepted,  and  posted  up  in 
a  conspicuous  place  in  each  depot  on  the  line  of  its  roail 
that  may  be  designated  by  said  board;  and  If  any  railroad 
company  shall  fail  for  a  period  of  10  days  to  accept  such 
rates  and  post  the  same  as  herein  provided  in  each  depo; 
on  the  line  of  its  road  that  may  be  designated  by  said 
board,  then  said  board  shall  cause  the  rates  so  determined 
by  the  board  to  be  reasonable  to  be  published  in  the  official 
State  paper,  and  thereupon  and  after  such  publication  such 
rates  so  found  shall.  In  all  actions  arising  in  any  court  in 
the  State,  be  taken  to  be  reasonable  compensation  for  thu 
services  for  which  they  are  provided,  until  the  contrary  In 
proven;  and  all  compensation  demanded  or  received  by  any 
such  railroad  company  in  excess  of  the  rates  so  determined 
by  the  board  shall,  in  any  such  action,  be  taken  to  be  un- 
just, unreasonable,  and  extortionate,  until  the  contrary  Is 
proven.  All  cases  of  a  failure  to  comply  with  the  recom- 
mendation of  the  board  of  commissioners  shall  be  embodied 
in  the  annual  report  of  the  board  of  commissioners  to  the 


Public  Service  Laws 


555 


governor,  and  the  same  shall  apply  to  any  unjust  discrim- 
ination, extortion  or  overcharge  by  said  company  or  any 
other  violation  of  this  Act  by  such  company. 

Passenger  rates.  §  7198.  No  railway  company  shall 
charge  or  receive  a  rate  in  excess  of  3  cents  per  mile 
for  the  transportation  of  any  passenger  who  is  over  12 
years  of  age  upon  any  railroad  in  this  State,  nor  in 
excess  of  half  that  sum  per  mile  for  the  transportation 
of  any  passenger  between  the  ages  of  six  and  12  years, 
and  children  under  the  age  of  six  years  shall  be  trans- 
ported free  of  charge,  when  accompanied  by  some  per- 
son paying  fare.  Each  passenger  over  12  years  of  age 
paying  fare  shall  be  entitled  to  have  transported,  without 
additional  charge,  baggage  not  exceeding  150  pounds  in 
weight;  and  each  passenger  of  12  years  or  under  pay- 
ing fare  shall  be  entitled  to  have  transported,  without 
additional  charge,  baggage  not  exceeding  75  pounds  in 
weight.  In  every  case  where  any  passenger  on  any 
railroad  in  this  State  shall  fail  to  present  to  the  con- 
ductor or  collector  upon  the  train  a  ticket  for  his  or  her 
journey,  it  shall  be  lawful  for  said  railroad  company  to 
charge  and  collect  from  said  passenger,  in  excess  of 
the  regular  schedule  fare,  the  sum  of  10  cents;  provided, 
however,  in  such  case  the  conductor  or  collector  shall 
thereupon  issue  to  the  passenger  paying  the  excess  of 
fare  a  receipt  or  check  for  such  excess,  which  amount 
.shall  be  refunded  to  such  passenger  on  presentation  of 
such  receipt  or  check  to  any  regular  ticket  agent  of  said 
railway  company;  provided,  that  each  common  carrier 
subject  to  the  provisions  of  this  Act  shall  be  required  to 
sell  500  mile  tickets,  good  in  hands  of  original  purchaser, 
limited  to  one  year  from  date  of  sale,  at  a  rate  of  2 
cents  per  mile,  and  shall  be  required  to  redeem  unused 
portions  of  such  tickets  by  charging  3  cents  per  mile 
for  the  portion  used,  and  refunding  the  remainder  of  the 
amount  paid  therefor,  provided  such  tickets  shall  have 
been  used  exclusively  by  the  original  purchaser;  and 
provided  further,  that  each  common  carrier  subject  to 
the  provisions  of  this  Act  shall  be  required  to  sell 
2,000  mile  tickets,  good  for  original  purchaser,  upon  any 
railroad  in  this  State,  limited  to  one  year  from  date 
of  sale,  at  rate  of  $50,  and  upon  surrender  of  the  cover, 
within  18  months  from  date  of  sale,  the  carrier  shall 
refund  the  sum  of  $9.50  to  the  original  purchaser,  pro- 
viding said  original  purchaser  shall  have  used  all  cou- 
pons of  the  ticket,  and  shall  be  required  to  redeem  un- 
used portions  of  such  mileage  tickets  for  original  pur- 
chaser by  charging  3  cents  per  mile,  with  a  maximum  of 
$25  for  1,000  miles  or  less,  and  if  more  than  1,000  miles 
shall  have  been  used,  $25  shall  be  charged  for  the  first 
1,000  miles,  and  3  cents  per  mile  for  the  remainder, 
with  a  maximum  of  $40.50,  providing  such  tickets  shall 
have  been  used  exclusively  by  the  original  purchaser. 
It  shall  be  the  duty  of  the  board  of  railroad  commission- 
ers to  carry  the  provisions  of  this  section  into  effect, 
and  to  that  end  they  are  hereby  empowered  to  make 
necessary  rules  and  regulations  and  enforce  same. 

Unreasonable  charge  prohibited.  §  7199.  No  railroad 
company  shall  charge,  demand  or  receive  from  any  per- 
son, company  or  corporation  an  unreasonable  price  for 
the  transportation  of  persons  and  property,  or  for  the 
hauling  or  storing  of  freight,  or  tor  the  use  of  its  cars, 
or  for  any  privilege  of  its  service  afforded  by  it  in  the 
transaction  of  its  business  as  a  railroad  company;  and 
upon  complaint  in  writing  made  to  the  board  of  railroad 
commissioners  that  an  unreasonable  price  has  been 
charged,  such  board  shall  investigate  said  complaint,  and 
it  sustained,  shall  make  a  certificate  under  their  seal 
setting  forth  what  is  a  reasonable  charge  for  the  service 
rendered,  which  shall  be  prima  facie  evidence  of  the  matter 
therein  stated. 

Furnish  cars  without  discrimination.  §  7200.  It  shall 
be  the  duty  of  any  railroad  company  to  furnish  suitable 
cars  to  any  and  all  persons,  without  discrimination, 
who  may  apply  therefor,  in  good  faith,  for  the  trans- 
portation of  any  and  all  kinds  of  freight,  and  to  receive 
and  transport  such  freight  with  all  reasonable  dispatch, 
and  to  provide  and  keep  suitable  facilities  for  the  receiv- 
ing and  handling  of  the  same  at  any  station  or  public 
switch  on  the  line  of  its  road,  and  also  to  receive  and 
transport  in  like  manner  the  empty  or  loaded  cars 
furnished  by  any  connecting  road,  to  be  delivered  at  any 
station  or  stations  on  the  line  of  its  road,  to  be  loaded 


or  discharged,  or  reloaded  and  returned  to  the  road  so 
connecting;  and  for  compensation  it  shall  not  demand 
or  receive  any  greater  sum  than  is  accepted  by  it  from 
any   other   connecting   railroad  for  a  like   service. 

Duty  of  railroad  to  furnish  cars  within  certain  time. 
§  7201.  When  the  owner,  manager  or  shipper  of  any 
freight  of  any  kind  shall  make  application  in  writing  to 
any  superintendent,  agent  or  other  person  in  charge  of 
transportation  of  any  railroad  company,  receiver,  or 
trustee,  operating  a  line  of  railway  at  any  point,  that 
cars  are  desired  upon  which  to  ship  any  freight,  it  shall 
be  the  duty  of  such  railway  company,  trustee  or  other 
person  in  charge  thereof  to  supply  the  number  of  cars 
so  required  at  the  point  indicated  in  the  application 
within  a  reasonable  time  thereafter,  not  to  exceed  six 
days  from  the  receipt  of  such  application,  and  shall 
supply  such  cars  to  the  person  or  persons  so  applying 
therefor  in  the  order  in  which  such  applications  are 
made,  without  giving  preference  to  any  persons;  pro- 
vided, if  the  application  be  for  10  cars  or  less,  the  same 
shall  be  furnished  in  three  days;  and  provided  further, 
that  if  the  application  be  for  30  cars  or  more,  the  rail- 
way company  may  have  10  full  days  in  which  to  supply 
the  cars.  The  time  provided  in  this  Act  for  the  furnish- 
ing of  cars  as  hereinbefore  set  out  shall  be  deemed  a 
reasonable  time,  but  this  shall  not  be  construed  as 
excusing  such  railroad  from  the  duty  of  furnishing  such 
cars  in  a  less  time  than  the  time  mentioned  in  this  Act 
when  a  less  time  is  reasonable,  and  the  shipper  makes 
application  for  such  cars  to  be  furnished  in  a  less  time; 
provided,  that  whenever  any  railroad  company  is  pre- 
vented from  complying  with  such  demand  to  furnish  cars 
as  aforesaid  by  any  accidental  or  unavoidable  cause, 
which  could  not  by  the  use  of  reasonable  foresight  and 
diligence  have  been  avoided,  and  supplies  the  same  in 
a  reasonable  time  thereafter,  or  offers  to  do  so,  then  the 
liability  for  the  damages  herein  provided  for  and  for 
actual   damages   and   attorney's   fees   shall   not   accrue. 

Application  for  cars.  §  7202.  Said  application  for  car& 
shall  state  the  number  of  cars  desired,  the  place  at  which 
they  are  desired,  and  the  time  they  are  desired,  provided 
that  the  place  designated  shall  be  at  some  station  or 
public  switch  on  the  line  of  its  raid. 

Damage  for  failure  to  furnish  cars.  §  7203.  When  the 
cars  are  applied  for  under  the  provisions  of  this  chapter, 
if  they  are  not  furnished,  the  railway  company  so  fail- 
ing to  furnish  them  shall  pay  to  the  party  or  parties  so 
applying  for  them  the  sum  of  $5  per  day  for  each  car 
failed  to  be  furnished  as  exemplary  damages,  to  be  re- 
covered in  any  court  of  competent  jurisdiction,  and  all 
actual  damages  that  such  applicant  may  sustain  for 
each  car  failed  to  be  furnished,  together  with  reasonable 
attorney  fees,  to  be  recovered  in  any  court  of  competent 
jurisdiction;  but  nothing  In  this  Act  shall  in  anywise 
affect  the  right  or  remedy  of  any  shipper  or  other  person 
as  the  same  may  exist  at  common  law  or  under  any 
statute,  to  recover  on  account  of  failure,  delay  or  refusal 
to  furnish  cars,  nor  to  exempt  in  anywise  any  such 
railroad  company  from  any  of  the  provisions  of  the  rail- 
road laws  of  this  State  or  from  any  of  the  obligations 
imposed  upon  railroad  companies  and  common  carriers 
by  the  common  law. 

Deposit  for  cars  ordered.  §  7204.  Such  applicants  shall, 
at  the  time  of  applying  for  such  car  or  cars,  if  specific- 
ally required  so  to  do,  deposit  with  the  agent  of  the  com- 
pany one-fourth  of  the  freight  charges  for  use  of  such 
car  or  cars;  otherwise  the  company  shall  not  be  ex- 
cused for  not  furnishing  cars  on  account  of  failure  to 
make  tender  on  the  part  of  any  shipper;  provided,  that 
such  one-fourth  does  not  exceed  the  sum  of  $10  per  car; 
and  such  applicant  shall,  within  48  hours,  computing 
from  7  a.  m.  the  day  following  the  placing  of  the  car 
or  cars,  after  such  car  or  cars  have  been  delivered  and 
placed,  as  hereinbefore  provided,  fully  load  the  same, 
and  upon  failure  to  do  so  he  shall  pay  to  the  company 
the  sum  of  $5  per  day  for  each  car  not  used,  while  held 
subject  to  the  applicant's  order;  provided,  that  where 
applications  are  made  on  several  days,  all  of  which  are 
filed  on  the  same  day,  the  applicant  shall  have  48  hours 
to  load  the  car  or  cars  furnished  on  the  next  application, 
and  so  on;  and  the  penalty  prescribed  shall  not  accrue 
as  to  any  car  or  lot  of  cars  applied  for  on  any  day  until 


556 


Natioxal  Association  of  Eailway  Commissioxehs 


the  period  within  which  they  may  be  loaded  has  expired. 
And  if  the  said  applicant  shall  not  use  such  cars  so 
ordered  by  him,  and  shall  not  notify  the  said  company 
or  its  agent,  he  shall  forfeit  and  pay  to  the  said  rail- 
road company,  in  addition  to  the  penalty  herein  pre- 
scribed, the  actual  damages  that  such  company  may  sus- 
tain by  the  said  failure  of  the  said  applicant  to  use  said 
cars;  provided,  that  if  any  applicant  shall  elect  to  order 
cars  without  a  deposit,  as  provided  in  this  section, 
neither  party  shall  be  liable  for  the  penalties  prescribed 
in  this  and  the  preceding  section. 

Cars  to  be  shipped  without  delay.  §  7205.  When  a  car 
or  cars  are  promptly  loaded  and  shipping  instructions 
given,  the  railroad  agent  must  immediately  receive  the 
same  for  shipment,  and  issue  bills  of  lading  therefor, 
and  whenever  such  shipments  have  been  so  received  by 
any  railroad  company,  such  shipments  must  be  carried 
forward  at  the  rate  of  not  less  than  50  miles  per  day  of 
24  hours,  except  Sundays,  computing  from  7  o'clock  a.  m. 
the  day  following  receipt  of  shipment.  This  shall  not 
be  construed  to  authorize  such  50  miles  per  day  as  a 
proper  and  legal  rate  of  speed  for  the  transportation  of 
live  stock  and  perishable  freight,  nor  release  the  rail- 
roads from  any  liability  for  their  negligence  in  failing 
to  handle  such  shipments  at  a  prompt  and  reasonable 
rate  of  speed.  And  for  failure  to  receive  and  transport 
such  shipments  within  the  time  prescribed,  the  railroad 
company  so  offending  shall  pay  to  the  shipper  the  sum 
of  $5  per  day,  Sundays  excepted,  or  fraction  thereof,  on 
all  carload  freight,  and  5  cents  per  hundred  pounds  per 
day  or  fraction  thereof  on  freight  in  less  than  carloads, 
with  minimum  charge  of  5  cents  for  any  one  package, 
upon  demand  in  writing,  by  the  shipper  or  other  party 
whose  interest  is  affected  by  such  delay;  provided,  that 
in  computing  the  time  of  freight  in  transit,  there  shall 
be  allowed  24  hours  for  each  transfer  from  one  railroad 
to  another.  The  period  during  which  the  movement  of 
freight  is  suspended  on  account  of  accident  or  any  cause 
not  within  the  power  of  the  railroad  company  to  prevent 
shall  be  added  to  the  free  time  allowed  herein  and 
counted  as  additional  free  time. 

Notice  of  arrival  of  freight.  §  7206.  Railroad  compa- 
nies shall,  within  24  hours  after  arrival  of  shipments, 
give  notice  by  mail  or  otherwise  to  consignee  of  the 
arrival  of  shipments,  together  with  the  weight  and 
amount  of  freight  charges  due  thereon;  and  in  no  case 
shall  any  railroad  company  collect  freight  charges  on  any 
carload  shipment  in  excess  of  the  actual  weight,  pro- 
vided that  such  weight  is  not  less  than  the  minimum 
weight  prescribed  in  the  carrier's  schedule  and  tariff 
covering  such  shipment;  and  where  goods  or  freight  in 
carload  quantities  arrive,  such  notice  shall  contain  also 
letters  and  initials  of  the  car  or  cars,  number  on  car 
Or  cars,  and,  if  transferred  in  transit,  the  number  and 
initials  of  the  car  in  which  originally  shipped.  Any 
railroad  company  failing  to  give  such  notice  shall  forfeit 
and  pay  to  the  shipper  or  other  party  whose  interest  is 
affected  the  sum  of  $1  per  car  per  day  or  fraction  of  a 
day's  delay  on  all  carload  shipments,  and  5  cents  per 
hundred  pounds  per  day  or  fraction  thereon  on  freight  in 
less  than  caruoads,  with  minimum  charge  of  5  cents  for 
any  one  package,  after  the  expiration  of  free  time; 
provided,  that  not  more  than  $5  per  day  be  charged  for 
any  one  consignment  not  in  excess  of  a  carload;  pro- 
vided further,  that  the  railroad  company  may  collect 
from  the  consignee  a  storage  charge  on  less-than-car- 
load  shipments  of  5  cents  per  hundred  pounds  per  day, 
with  minimum  charge  of  5  cents  for  any  one  package,  for 
each  day  after  48  hours  after  giving  notice  of  arrival  of  a 
shipment  the  consignee  allows  it  to  remain  in  the  pos- 
session  of   the   railroad   company. 

Delivery  of  freight.  §  7207.  Railroad  companies  shall 
deliver  freight  at  their  depots  or  warehouses,  or,  in  the 
case  of  shipments  for  track  delivery,  shall  place  loaded 
cars  at  an  accessible  place  for  unloading  within  24  hours 
after  arrival,  computing  from  7  o'clock  a.  m.  the  day 
following  arrival  of  the  same,  except  that  carload  ship- 
ments for  track  delivery  at  local  stations  having  not 
more  than  one  team  track  shall  be  placed  at  an  ac- 
cessible point  f6r  unloading  by  the  conductor  of  the 
train  on  which  the  car  arrives.  The  consignee  shall  be 
paid  $1  per  car  per  day  each  day  or  fraction  of  a  day 
such  delivery  is  bo,  delayed. 


When  cars  must  6e  unloaded.  §  7208.  All  loaded  cars 
taking  track  delivery,  which  are  to  be  unloaded  by  the 
consignee  thereof,  or  the  party  whose  interest  may 
appear,  if  said  cars  are  of  the  capacity  of  60,000  pounds 
or  less,  shall  be  limited  to  48  hours  of  free  time,  and 
if  said  cars  are  of  the  capacity  of  more  than  60,000 
pounds  shall  be  limited  to  72  hours  of  free  time,  com- 
puted from  7  o'clock  a.  m.  of  the  day  following  the  day 
legal  notice  of  arrival  is  given  (having  been  placed  at 
an  accessible  point  for  unloading),  and  may  be  subject 
thereafter  to  a  charge  of  $1  per  car  for  each  day  or 
fraction  of  a  day  that  they  may  remain  loaded  in 
possession  of  the  railroad  company  after  said  free  time; 
provided,  however,  that  it,  after  placing  a  car  or  cars, 
as  required  in  this  section,  the  railroad  company  shall, 
during  or  after  free  time,  temporarily  remove  all  or  any 
of  them,  or  in  any  way  obstruct  the  unloading  of  the 
same,  the  consignee  shall  not  be  chargeable  with  the  delay 
caused  thereby;  provided,  that  when  on  account  of 
delay  or  irregularity  in  transportation,  cars  are  bunched 
and  delivered  to  consignee  in  numbers  beyond  his  rea- 
sonable ability  to  unload  within  the  free  time  prescribed 
by  these  rules,  he  shall  be  allowed  by  the  carrier  such 
additional  time  as  may  be  necessary  to  unload  cars  so 
in  excess  by  the  exercise  of  usual  diligence  on  the  pan 
of  the  consignee. 

Shipper  having  stuff  to  ship.  §  7209.  It  shall  be  neces 
sary  for  the  party  or  parties  bringing  suit  against  an> 
railroad  company  under  the  provisions  of  this  law  tc 
show  by  evidence  that  he  or  they  had  on  hand  at  the 
time  any  demand  for  cars  was  made  the  amount  of 
grain  or  other  freight  necessary  to  load  the  cars  so 
ordered. 

Repeal.    §  7210. 

Cause  of  action  already  existing.  §  7211.  That  any 
cause  of  action  heretofore  accrued  or  existing  in  favoi 
of  any  parties  under  the  provisions  of  any  law  of  this 
State  shall  in  nowise  be  diminished  or  extinguished  by 
anything  in  this  Act  contained. 

Failing  to  furnish  cars.  §  7212.  If  complaint  shall  be 
made  by  any  railroad  company  in  this  State  against  any 
other  railroad  company  in  this  State  on  account  of  fail- 
ure, neglect  or  refusal  to  comply  with  the  provisions  of 
the  preceding  section,  the  board  of  railroad  commis- 
sioners shall,  upon  notice  to  said  railroad  company, 
investigate  such  complaint,  and  thereupon  make  such 
order  as  in  the  opinion  of  said  board  shall  be  just  and 
reasonable  for  the  public  interests,  and  may  fix  in  such 
order  a  reasonable  switching  charge  for  any  service  re- 
quired by  such  order,  which  switching  charge  shall  be 
paid  by  the  railroad  company  receiving  the  service,  and 
shall  not  be  added  to  the  rate  paid  by  any  consignor 
or    consignee    interested    in    such    shipment. 

Notice  of  increase  in  rates.  §  7213.  Neither  said  board 
of  railroad  commissioners  nor  any  railroad  company 
shall  raise  the  charge  for  the  transportation  of  freight 
on  any  railroad  without  first  giving  60  days'  public  notice 
of  such  charge,  in  such  manner  as  the  commissioners 
may  determine. 

Freight  rates  must  he  uniform.  §  7214.  No  railroad 
company  shall  charge,  demand  or  receive  from  any  per- 
son, company  or  corporation,  for  the  transportation  of 
any  property,  or  for  any  other  service,  a  greater  or  less 
sum  than  it  shall  at  the  same  time  charge,  demand  or 
receive  from  any  other  person,  company  or  corporation 
for  a  like  service  from  the  same  place,  or  upon  like 
conditions  and  under  similar  circumstances;  and  all 
concession  of  rates,  drawbacks  and  contracts  for  special 
rates  shall  be  open  to  and  allowed  all  persons,  companies 
and  corporations  alike;  ncr  shall  it  charge  more  fQ£ 
transporting  freight  from  any  point  on  its  line  than 
fair  and  just  proportion  of  the  price  it  charges  for 
same  kind  of  freight  transported  from  any  other  poln 
ncr  shall  it  be  lawful  to  charge  a  greater  freight  rate 
haul  any  class  of  goods  for  a  shorter  distance  than 
a  longer  one  in  the  same  general  direction  under  lU 
conditions,  and  over  the  same  system  of  road  in  Kansa 
except  by  the  consent  of  the  commissioners. 

Division  of  earnings  between  competing  roads.     §  72^ 
It  shall  be  unlawful  for  any  railroad  company  to  ma 
any  contract  or  enter  Into  any  stipulation  with  any  othe 
railroad  company  running  in  the  same  general  direction 


Public  Service  Laws 


557 


by  which  either  company  shall,  directly  or  indirectly, 
agree  to  divide,  in  any  manner  or  proportion,  the  joint 
earnings  upon  the  whole  or  any  part  of  the  freight  trans- 
ported over  such  road;  and  any  violation  of  this  pro- 
vision shall  render  the  railroad  company  violating  the 
same  liable  to  a  penalty  of  $5,000  for  each  month  for 
which  such  earnings  are  divided,  to  he  recovered  for  the 
use  of  the  common-school  fund,  in  the  name  of  the  State. 

Limiting   common   law   liaMUty.      %  7216.     No   railroad 
company  shall  he  permitted,  except  as  otherwise  provided 
by  regulation   or  order  of  the  board,   to   change   or   limit 
its  common-law   liability   as   a  common   carrier.     All   rail- 
road companies  shall,  on   demand.  Issue  duplicate  freight 
receipts   to   shippers,   in   which   shall   be   stated   the   class 
or   classes    of    freight    shipped,    the    freight    charges    over 
the    road    giving   the    receipt,    and    so    far   as    practicable 
I  shall  state  the  freight  charges  over  the  other  roads  that 
I  carry    such    freight.      When    the    consignee    presents    the 
j  railroad  receipt  to  the  agent  of  the  railroad  that  delivers 
such  freight,  such  agent  shall  deliver  the  articles  shipped, 
on  payment  of  the  rate  charged  for  the  class  of  freights 
mentioned  in  the  receipt. 

Ascertaining  cost  of  construction.  §7217.  The  commis- 
sioners shall  ascertain  as  early  as  practicable  the  amount 
of  money  expended  in  construction  and  equipment  per 
mile  cf  every  railway  in  Kansas,  the  amount  of  money 
expended  to  procure  the  right  of  way,  and  the  amount 
of  money  it  would  require  to  reconstruct  the  roadbed, 
track,  depots  and  transportation  facilities,  and  to  replace 
all  of  the  physical  properties  belonging  to  the  railroads. 
For  the  purpose  named  the  commissioners  may  employ 
experts  sworn  to  inspect  and  assist  them  when  needed, 
and  from  time  to  time,  as  the  information  acquired  by 
this  article  is  obtained,  they  shall  communicate  the  same 
to  the  attorney  for  the  board  and  the  attorney-general 
by  report,  and  said  information  shall  be  printed  from 
time  to  time  in  the  report  of  the  commissioners.  Said 
commissioners    shall,   on    or   before    the    first    Monday    in 

.December  in  each  even-numbered  year,  make  a  report 
to   the    governor    of   their   acts    and    proceedings   for    the 

ipreceding  years,  containing  such  facts,  statements  and 
explanations   as  will   disclose   the  working   of  the   system 

lOf  railroad  transportation  in  this  State,  and  its  relations 

ito  the  general  business  and  prosperity  of  the  citizens  of 
the   State,   and   such   recommendations   in   respect   thereto 

las  may  seem  appropriate.     Said  report  shall  also  contain, 

las    to    every    railway   corporation    doing    business    in    this 

IState : 

First.  The  amount  of  its  capital  stock  and  the  amount 
ipaid  on  the  same. 

Second.  The  amount  of  its  preferred  stock,  if  any^ 
tand  the  condition  of  its  preferment. 

Third.  The  amount  of  its  funded  debt  and  the  rate 
iof  Interest. 

Fourth.     The    amount    of   its    floating    debt. 

Fifth.  The  amount  of  gross  income  from  the  opera- 
itlon  of  its  road  in  Kansas,  with  the  specific  items  and 
•sources  of  such  income,  as  far  as  practicable. 

Sixth.  The  items  of  the  gross  expense  incurred  in 
Ithe  operation  of  its  road  in  Kansas. 

(Seventh.  The  net  income  from  the  operation  of  its 
road  in  Kansas. 
Eighth.  The  number  of  miles  of  road,  single  and 
double-track  being  stated  separately;  also  the  number 
Iof  miles  of  side  tracks  and  switches,  with  the  location  of 
'the  same,  owned  and  operated  by  it  in  Kansas. 

Ninth.  The  actual  cost  and  also  the  actual  present 
cash  value  of  its  road  and  equipment,  including  per- 
manent way,  buildings  and  rolling  stock,  all  real  estate 
used  exclusively  in  operating  the  road,  and  all  fixtures 
and  conveniences  for  transacting  its  business  in  the 
State  of  Kansas. 

Tenth.  The  estimated  value  of  all  other  property 
owned  or  held  by  such  corporation  in  Kansas,  with  a 
■schedule  of  the  same,  including  the  lands  granted  in  aid 
iof  its   construction. 

;  Eleventh.  A  list  of  all  its  officers  and  directors,  with 
jtheir  respective   places  of  residence. 

j  Twelfth.  The  average  amount  of  tonnage  that  can 
>be  carried  over  each  road  in  the  State  with  an  engine 
[Of  given  power. 


Thirteenth.  The  maximum  grade  and  number  and 
degrees  of  curves  on  its   road  in  Kansas. 

Fourteenth.  Such  additional  statistics  of  the  road 
and  of  its  business  in  Kansas  for  the  year  as  may  in 
the  judgment  of  the  commissioners  be  necessary  and 
proper  for  the  information  of  the  legislature,  or  as  may 
be   required   by  the  governor  or  the  legislature. 

Annual  reports  of  railroads.  §  7218.  To  enable  said 
commissioners  to  make  such  report,  the  president  or 
managing  officer  of  each  railroad  or  transportation  com- 
pany doing  business  in  this  State  shall  annually  make  to 
the  said  commissioners,  on  the  15th  day  of  September 
of  each  year,  such  returns,  in  the  foftn  which  they 
may  prescribe,  as  will  afford  the  information  required 
for  their  said  official  report.  Such  returns  shall  be 
verified  by  the  oath  of  the  officer  making  them;  and  any 
corporation  herein  named  whose  returns  shall  not  be 
made  as  herein  prescribed  by  the  15th  day  of  September 
shall  be  liable  to  a  penalty  of  $500  for  each  and  every 
day  after  the  16th  day  of  September  that  such  report 
shall  be  wilfully  delayed  or  refused.  The  said  com- 
missioners shall  cause  to  be  prepared  suitable  blanks, 
with  questions  calculated  to  elicit  full  information  con- 
cerning the  value  and  operation  cf  railroads  in  the  State 
of  Kansas,  and  as  often  as  it  may  be  necessary,  furnish 
said  blanks  to  each  railroad  company  operating  lines  of 
railroads  in  this  State.  Any  such  railroad  company  re- 
ceiving from  the  commissioners  any  such  blanks  shall 
cause  such  blanks  to  be  properly  filled  out,  so  as  to 
answer  fully  and  correctly  each  question  therein  pro- 
pounded; and  in  case  they  are  unable  to  answer  any 
question  they  shall  give  a  satisfactory  reason  for  their 
failure,  and  said  answer,  duly  sworn  to  by  the  proper 
officer  of  the  company,  shall  be  returned  to  said  com- 
missicn  at  its  office  in  the  city  of  Topeka,  within  30  days 
from  the  receipt  thereof.  If  any  officer  or  employe  of 
any  such  railroad  company  shall  fail  or  refuse  to  fill  out 
and  return  any  blanks  as  above  required,  or  fail  or 
refuse  to  answer  any  questions  therein  propounded,  or 
give  a  false  answer  to  any  such  questions,  where  the 
facts  inquired  of  is  [are]  within  his  knowledge,  or  sha}', 
evade  the  answer  to  any  such  questions,  such  person 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  net  less  than  $100  nor  more  than 
$500  for  each  offense;  and  each  day  he  shall  fail  to 
perform  such  duty  after  the  expiration  of  the  time  afore- 
said shall  constitute  a  separate  offense,  and  the  attorney 
for  the  board  shall  cause  a  prosecution  therefor  in  the 
proper  court.  If  any  such  company  shall  direct,  permit 
or  request  any  such  officer  or  employe  to  fail,  evade  or 
refuse  to  answer  such  questions,  such  company  shall 
forfeit  and  pay  to  the  State  of  Kansas  the  sum  of  $500 
per  day  for  each  day  that  such  officer  or  employe  fails 
to  answer  such  questions,  to  be  recovered  in  an  action 
to  be  brought  In  the  name  of  the  State  by  the  attorney- 
general  in  any  court  of  competent  jurisdiction,  to  be  paid 
into  the  school  fund  of  the  State  of  Kansas. 

Perjury.  §  7219.  Any  person  who  shall  wilfully  and 
corruptly  swear,  testify  or  affirm  falsely  to  any  material 
matter,  upon  any  oath  or  affirmation  or  declaration 
legally  administered  in  any  cause,  matter  or  proceeding 
before  said  board  or  any  member  thereof,  or  in  any 
return,  answer  or  report  required  by  this  Act  to  be 
made,  shall  be  deemed  guilty  of  wilful  and  corrupt  per- 
jury, and  shall  be  punished  by  imprisonment  in  the 
penitentiary  at  hard  labor  for  a  term  not  exceeding 
seven   years. 

Railroad  board  shall  enforce  orders.  |  7220.  The  board 
of  railroad  commissioners  shall  enforce  its  orders  for 
the  erection  and  maintenance  of  depots,  the  ccnstruction 
of  connections,  sidetracks  and  switches,  and  charges  for 
switching  between  connecting  or  parallel  lines  of  rail- 
road, as  hereinbefore  provided  for,  as  provided  in  the 
next  section. 

Enforcing  orders  of  board.  §  7221.  For  every  neglect 
or  refusal  of  any  railroad  company,  corporation,  receiver 
or  person  operating  any  railroad  in  this  State  to  comply 
with  any  order  of  the  board  of  railroad  commissioners 
of  this  State  made  in  pursuance  of  the  foregoing  pro- 
visions, the  person  or  corporation  so  neglecting  or  re- 
fusing shall  forfeit  to  the  State  of  Kansas,  for  the  benefit 
of  the  school  fund,  the  sum  of  $100  for  each  and  every 


558 


National  Association  of  Railway  Commissioners 


day  that  any  such  order  is  neglected  or  disobeyed  after 
the  expiration  of  30  days  from  the  date  of  service  of 
notice  on  the  president,  managing  officer,  superintendent, 
any  member  of  the  board  of  directors  or  any  station 
agent  or  person  in  charge  of  any  office  or  station  of  such 
company  by  the  board  of  railroad  commissioners  of  the 
making  of  such  order,  to  be  recovered  by  civil  action  in 
the  name  of  the  State,  which  action  shall  be  prosecuted 
by  the  attorney-general  in  any  county  having  jurisdic- 
tion; provided,  that  upon  good  cause  shown  the  board 
of  railroad  commissioners  may  extend  the  time  within 
which  such  order  shall  be  complied  with  to  such  an 
extent  as,  in  the  opinion  of  the  board,  under  the  circum- 
stances of  the  particular  case  may  be  necessary  or 
desirable. 

Damages  recoveratle  for  violating  law.  §  7222.  Any 
railroad  company  which  shall  violate  any  of  the  pro- 
visions of  this  Act  shall  forfeit,  for  every  such  offense, 
to  the  person,  company  or  corporation  aggrieved  thereby, 
three  times  the  actual  damages  sustained  by  the  said 
party  aggrieved,  together  with  the  costs  of  suit,  and  a 
reasonable  attorney  fee,  to  be  fixed  by  the  court;  and,  if 
an  appeal  be  taken  from  the  judgment  or  any  part  thereof, 
it  shall  be  the  duty  of  the  Appellate  Court  to  Include  in 
the  judgment  an  additional  reasonable  attorney's  fee  for 
services  in  the  Appellate  Court  or  courts. 

Penalties  for  violating  law.  §  7223.  Any  railroad  com- 
pany or  individual  wilfully  violating  or  evading  any  of 
the  provisions  of  this  Act,  not  otherwise  herein  provided 
for,  shall,  for  each  offense,  forfeit  and  pay  a  penalty  of 
not  less  than  $100  nor  more  than  $5,000.  All  penalties 
provided  for  in  this  Act  shall  be  recovered  by  a  civil 
action,  to  be  instituted  and  prosecuted  in  the  name  of 
the  State,  by  the  county  attorney  of  the  county  in 
which  the  offense  has  been  committed,  upon  the  direction 
of  the  board  of  railroad  commissioners.  If,  upon  the 
trial  of  said  action,  the  jury  shall  find  for  the  plaintiff, 
they  shall  assess  and  return  with  their  verdict  the 
amount  of  the  fine  to  be  Imposed  upon  the  defendant,  and 
the  court  shall  render  judgment  accordingly.  All  such 
penalties  so  recovered  shall  be  paid  into  the  school  fund 
of  the  county  in  which  such  offense  has  been  committed, 
and  the  board  of  railroad  commissioners  may  require 
the  attorney-general  to  assist  such  county  attorney  in 
the  prosecution  of  such  action.  No  bond  for  costs  shall 
be  required  of  the  State  in  any  such  action.    . 

Right  of  private  persons  to  bring  suit.  §  7224.  Nothing 
in  this  Act  shall  be  construed  to  estop  or  hinder  any 
person  or  corporation  from  bringing  suit  against  any  such 
railroad  company  for  any  violation  of  any  of  the  laws  of 
this    State   for  the   government  of   railroads. 

Joinder  of  causes  of  action.  §  7225.  In  any  action 
against  any  railroad  company  for  violations  of  the  pro- 
visions of  this  Act,  the  plaintiff  may  join  in  the  same 
petition  as  many  different  causes  of  action  as  he  may 
have  against  such   company  arising  under  this  Act. 

Definitions.  §  7226.  In  construing  this  Act,  unless  such 
meaning  be  repugnant  to  the  context  or  the  manifest  in- 
tention of  the  legislature,  the  term  "railroad  company" 
shall  include  and  be  construed  to  mean  any  incorporated 
railroad  company,  or  any  express  or  transportation  com- 
pany, or  other  common  carrier,  or  sleeping-car  company, 
or  private-car  company,  or  any  railroad-bridge  com- 
pany, or  any  person  or  persons,  lessee,  assignees,  trustee, 
receiver,  partnership,  joint-stock  company  or  corporation 
engaged  wholly,  partially,  jointly  or  severally  in  laying 
out,  constructing,  owning,  operating,  using  or  maintaining 
any  railroad  operated  by  steam  or  electricity,  or  other 
motive  power,  or  any  portion  or  part  of  such  railroad 
line.  The  word  "person"  shall  include  persons,  partner- 
ships, joint-stock  companies  or  corporations. 

Enforcing  orders  ly  mandamus.  §  7227.  It  shall  be  the 
duty  of  every  railroad  company,  and  each  and  every 
officer,  agent  and  employe  of  any  railroad  company,  and 
of  each  and  every  person  engaged  in  any  capacity  in 
the  conduct  of  the  business  of  a  common  carrier,  to 
obey  all  reasonable  orders  of  the  board  of  railroad  com- 
missioners made  under  the  authority  conferred  by  this 
Act.  In  case  any  railroad  company,  or  any  such  officer, 
agent,  employe  or  person  shall  violate  or  shall  refuse  or 
fall  to  obey  any  such  order  lawfully  made  by  said  board 


of  railroad  commissicners,  any  person  aggrieved  thereby 
may  institute  and  prosecute  mandamus  proceedings  in 
the  Supreme  Court,  in  the  name  of  the  State  on  the 
relation  of  such  person,  to  compel  compliance  with  and 
obedience  to  such  order;  and  in  any  case  where,  in  the 
opinion  of  the  board  of  railroad  commissioners,  the  in- 
terest of  the  public  requires  it,  such  board  shall  require 
such  proceeding  to  be  brought,  and  such  proceeding  shall 
then  be  brought  by  the  attorney-general  in  the  name  of 
the  State.  The  practice  in  such  proceedings  shall  be 
as  in  other  cases  of  mandamus,  but  the  court  may  control 
the  time  of  trial  without  regard  to  the  time  the  Issues 
are  joined.  Cases  instituted  under  the  provisions  of 
this  section  may  have  precedence  as  to  the  time  oJ 
hearing  over  all  other  classes  of  cases  except  criminal 
cases.  The  Supreme  Court  shall  have  discretionary  au- 
thority to  refer  any  of  the  issues  in  any  such  proceeding 
to  a  referee  or  referees  to  be  appointed  by  the  court 
for  such  hearing  and  findings,  and  under  such  rules  aa 
the  court  may  direct.  In  any  hearing  under  the  pro- 
visions of  this  section,  the  orders  and  determinations  of 
the  board  of  railroad  commissioners  shall  be  deeried 
prima  facie  evidence  of  the  matters  therein  stated  and 
found.  In  such  action  the  court  may  direct  the  railroad 
company  affected  thereby  to  comply  with  any  part  of 
any  rule,  order  or  regulation  of  the  board,  and  may  hild 
any  part  of  the  same  unreasonable,  and  refuse  to  enfo  ce 
such  part,  without  affecting  the  part  found  to  be  reason- 
able and  just.  Disobedience  of  any  judgment,  order  oi 
writ  of  the  Supreme  Court  in  any  such  proceedings  si  all 
be  punished  as  in  other  cases  of  contempt.  The  pro- 
ceedings in  cases  of  contempt  shall  be  summary  in  theii 
nature,  under  such  rules  as  the  court  shall  adopt.  End 
no  jury  trial  shall  be  required  or  had  therein.  In  ac  dl- 
tion  to  the  general  powers  of  the  court  to  punish  oi 
contempt,  the  court  shall  have  power  to  punish  t  ny 
refusal  or  failure  to  obey  its  orders,  made  under  '  he 
provisions  of  this  section,  by  a  fine  of  not  to  exc«  ed 
$1,000  for  each  day  after  a  day  to  be  fixed  by  the  co  irl 
that  such  disobedience  shall  continue,  or  by  imprls  m- 
ment  not  exceeding  one  year,  or  by  both  such  fine  a  ad 
imprisonment.  In  any  proceeding  instituted  under  1h€ 
provisions  of  this  section  by  the  attorney-general,  i  &« 
costs  and  expenses  on  the  part  of  the  plaintiff  shall  be 
paid  out  of  the  general  fund  of  the  State,  upon  appro'  al 
by  the  governor,  attorney-general  and  auditor  of  Sta  e, 
The  remedies  provided  by  this  section  shall  not  be  deen:  ed 
to  exclude  or  limit  any  other  remedies  provided  in 
this  Act  or  existing  in  virtue  of  any  other  statutes  oi 
common   law,   but  shall  be  additional   thereto. 

Railroad's  right  to  resort  to  courts.  §  7228.  Said  bo£  rd 
of  railroad  commissioners  shall  not  make  any  regu  a. 
tlon  or  order  against  any  railroad  company  or  en  ei 
Into  any  investigation  affecting  any  railroad  compaij 
without  giving  such  railroad  company  reasonable  not  a 
thereof  and  an  opportunity  to  appear  and  be  hee  rd 
in  respect  to  the  same,  except  as  is  provided  by  §  0 
chapter  286,  Session  Laws  of  1901,  as  amended;  and  il 
any  railroad  company  shall  be  dissatisfied  with  aij 
regulation  or  order  adopted  by  said  board  of  railrcac 
commissioners  such  dissatisfied  railroad  company  sh  »1' 
have  the  right,  within  30  days  after  the  making  oi 
entering  thereof,  to  bring  an  action  against  said  bof  rd 
of  railroad  commissioners  as  defendants,  In  any  conrl 
of  competent  jurisdiction,  to  have  such  regulation  oi 
order  vacated,  and  shall  set  forth  in  the  petition  the 
particular  regulation  or  order  complained  of  and  1h« 
particular  cause  or  causes  of  objection  to  any  or  all  ol 
them,  and  a  summons  shall  be  served  upon  the  secretfrj 
of  said  board  as  in  other  cases.  Issues  shall  b« 
formed  and  the  controversy  tried  and  determined  as  ir 
other  civil  cases  of  an  equitable  nature;  and  the  conrl 
may  set  aside,  vacate  or  annul  one  or  more  or  aaj 
part  of  any  of  the  regulations  or  orders  adopted  by  th« 
said  board  which  shall  be  found  to  be  unreasonable,  un- 
just, oppressive  or  unlawful,  without  disturbing  others; 
provided,  that  no  injunction,  Interlocutory  order  or  de 
cree  suspending  or  restraining  the  enforcement  of  ai 
order  of  the  commission  shall  be  granted  except  or 
hearing,  after  not  less  than  five  days'  notice  to  the 
commissioners.  Either  party  to  said  cause,  if  dissatis 
fled  •with  the  judgment  or  decree  of  said  court,  may  in 
Btitute  proceedings  in  error  in  the  Supreme  Court  as  in 


Public  Service  Laws 


559 


other  civil  cases,  and  said  court  shall  examine  the 
record,  including  the  evidence,  and  render  such  judg- 
ment as  shall  be  just  and  proper  in  the  premises.  In  all 
litigation  under  this  section,  the  said  board  shall  be  en- 
titled to  the  services  of  the  attorney-general  in  its 
behalf,  as  well  as  those  of  the  attorney  for  the  board, 
and  the  Costs  incurred  by  them  shall  be  paid  by  the 
State.  All  actions  brought  under  this  section  shall  be 
advanced,  upon  application  of  either  party  thereto,  and 
In  tlie  hearing  thereof  shall  have  precedence  over  all 
other  causes  except  criminal  cases,  to  the  end  that  the 
same  may  be  speedily  heard  and  finally  determined. 
The  institution  of  any  such  action  by  any  railroad  com- 
pany shall  in  no  manner  interfere  with  or  prejudice  the 
rights  of  said  board  or  any  other  party  in  interest  from 
availing  itself  of  the  remedies  provided  in  §  38  of  this 
Act;  but  whenever  action  shall  be  brought  by  any  rail- 
road company  under  the  provisions  of  this  section  within 
the  said  period  of  30  days,  no  penalties  or  forfeitures 
shall  attach  or  accrue  on  account  of  the  failure  of  the 
plaintiff  to  comply  with  the  regulations  or  orders  sought 
to  be  vacated  or  modified  in  such  action  until  the  validity 
of  such  regulation  or  order  shall  have  been  finally  deter- 
mined in  such  action,  or  shall  have  been  finally  deter- 
mined by  the  Supreme  Court  of  Kansas  in  any  proceed- 
ing to  which  said  railroad  company  is  a  party.  When- 
ever a  proceeding  brought  in  the  Supreme  Court  under 
§  38  of  this  Act  by  the  attorney  for  tne  board,  or  the 
attorney-general,  upon  the  direction  of  the  board  of 
railroad  commissioners  against  any  railroad  company  to 
compel  the  compliance  with  any  order  of  said  board  of 
railroad  commissioners,  shall  be  pending  at  the  same 
time  with  an  action  brought  in  any  District  Court  of  the 
State  by  such  railroad  company  to  vacate  such  order, 
the  Supreme  Court,  upon  such  fact  being  made  to  ap- 
pear, may  stay  all  proceedings  in  said  District  Court  in 
said  cause,  so  far  as  relates  to  the  subject-matter  in- 
volved in  such  proceeding  in  the  Supreme  Court,  until 
the  final  determination  thereof  by  the  Supreme  Court; 
and  if  said  proceeding  in  the  Supreme  Court  result  in 
a  final  decision  upon  the  merits,  determining  the  ques- 
tion of  the  validity  of  such  order,  said  District  Court, 
upon  the  facts  being  made  to  appear,  shall  render  judg- 
ment in  accordance  with  such  decision  of  the  Supreme 
Court. 

Railroads  must  maintain  depots.  §  7229.  It  shall  be 
the  duty  of  every  railroad  company  to  provide  and  main- 
tain adequate  depots  and  depot  buildings  at  its  regular 
stations  for  the  accommodation  of  passengers,  and  said 
depots  and  depot  buildings  shall  be  kept  clean,  well 
lighted  and  warmed,  and  open  to  the  ingress  and  egress 
of  all  passengers  a  reasonable  time  before  the  arrival 
and  departure  of  its  regular  passenger  trains  carrying 
passengers  on  its  railroads,  for  the  comfort  and  accom- 
modation of  the  traveling  public;  and  also  to  provide  and 
maintain  adequate  stations,  or  other  structures,  where 
it  generally  takes  on  or  lets  off  passengers,  for  the  com- 
fort and  accommodation  of  the  traveling  public;  pro- 
vided, that  this  Act  is  supplemental  to  and  in  aid  of  exist- 
ing laws,  and  shall  not  repeal  any  existing  law  on  the 
subject. 

Duty  to  change  depot  site.  §  7230.  It  shall  be  the  duty 
of  every  railroad  company  to  change  the  site  or  loca- 
tion of  a  depot  or  depot  building  and  station  or  struc- 
ture required  in  §  1  hereof,  in  order  to  promote  the 
security,  convenience,  welfare  and  accommodation  of  the 
public. 

STRINGING   WIRES   ACROSS  RAILROADS. 

How  wires  shall  6e  placed.  §  7231.  The  board  of  rail- 
road commissioners  is  given  the  power,  and  It  is  hereby 
made  its  duty,  to  prescribe  reasonable  rules  and  regula- 
tions with  respect  to  the  stringing  of  wires,  electric  or 
otherwise,  which  cross  over  or  under  the  tracks  of  any 
railroad  company,  and  with  respect  to  the  support,  main- 
tenance, repair  or  reconstruction  thereof,  which  rules 
shall  he  furnished  to  any  interested  person  upon  ap- 
plication; but  in  no  case  shall  the  height  of  any  wires 
which  cross  above  the  tracks  of  a  railroad  company 
be  less  than  25  feet  from  the  top  of  the  rails,  except  the 
trolley  and  feed  wires  of  electric  railroads,  which  wires 
shall  not  be  less  than  22  feet  above  the  tops  of  the  rails. 

Complaint  of  improper  construction.  §  7232.  If  com- 
plaint is  made  to  the  board  of  railroad  commissioners  by 


any  interested  party  that  wires  extending  over  or  under 
railroad  tracks  are  not  properly  placed  or  are  insecurely 
supported,  or  that  the  rules  and  regulations  of  the  board 
with  respect  thereto  are  being  violated,  it  shall  be  the 
duty  of  the  board  to  cause  an  investigation  of  such  com- 
plaint to  be  made,  and,  if  it  finds  the  complaint  to  be 
true,  to  make  the  necessary  orders  for  the  proper  placing 
of   said   wires  and   the  secure   support  thereof. 

Penalties.  §  7233.  It  shall  be  the  duty  of  every  corpo- 
ration or  person  to  whom  an  order  made  by  the  board 
of  railroad  commissioners  under  this  Act  shall  be  di- 
rected to  comply  with  such  order  in  accordance  with 
its  terms,  and  for  any  neglect  to  comply  therewith  any 
such  corporation  or  person  shall  be  liable  to  a  penalty 
of  JlOO,  and  to  a  like  penalty  for  every  10  days  during 
which  said  neglect  shall  continue,  which  penalty  shall  be 
for  the  benefit  of  the  school  fund^  and  may  be  recovered 
in  a  civil  action  brought  in  the  name  of  the  State.  The 
action  may  be  prosecuted  by  the  attorney-general  in  any 
county  having  jurisdiction,  or  by  the  county  attorney  of 
the  county  in  which  the  wire  or  wi'res  crossing  the 
railroad  track  shall  be  located. 

Construction  of  sidetracks  and  switches — Power  of 
board  to  order.  §  7234.  It  shall  be  the  duty  of  the  board 
of  railroad  commissioners,  whenever  a  complaint  and  ap- 
plication shall  be  filed  by  any  person  or  persons,  com- 
pany or  corporation  in  this  State  who  has  erected  any 
mill  or  grain  elevator  upon  land  abutting  on  the  right  of 
way  of  any  railroad  company  in  the  vicinity  of  and 
not  to  exceed  one-fourth  mile  from  any  regular  way 
station  on  such  railroad,  whereby  railroad  switches, 
sidetracks  or  other  facilities  are  ngcessary  for  the  proper 
conduct  of  business  by  such  person  or  persons,  company  or 
corporation  in  and  about  such  mill  or  grain  elevator,  re- 
questing an  order  of  said  board  to  require  any  railroad 
company,  corporation,  receiver  or  person  operating  any 
railroad  in  this  State  to  construct  any  switches,  side- 
tracks or  other  facilities  at  any  point  on  the  line  of 
said  railroad  for  the  use  and  convenience  of  such  person 
or  persons,  company  or  corporation  in  the  transaction  of 
business  with  such  railroad,  to  Investigate  such  com- 
plaint, after  giving  proper  notice  to  the  railroad  com- 
pany interested;  and  such  railroad  commissioners,  after 
such  examination,  shall  make  such  orders  as  they  shall 
deem  necessary  and  proper  in  relation  to  the  construc- 
tion and  maintenance  of  such  switches,  sidetracks  and 
other  facilities  as  in  the  judgment  of  said  board  shall  be 
necessary.  That  such  railroad  company  shall  not  be 
required  to  build  any  such  switches,  sidetracks  or  other 
facilities  on  any  land  not  belonging  to  such  railroad 
company,  but  may  be  required  to  build  any  switch  or 
sidetrack  to  the  boundary  of  their  right  of  way,  the  said 
switch  or  sidetrack  there  to  connect  with  any  extension 
thereof  that  the  owner  or  owners  of  any  mill  or  grain 
elevator  may  build  at  their  own  cost. 

Duty  of  railroad  to  obey  orders.  §  7235.  It  shall  be  the 
duty  of  every  railroad  company  and  each  and  every 
officer,  agent  and  employe  of  any  railroad  company  or 
corporation  to  obey  all  reasonable  orders  of  the  board 
of  railroad  commissioners  made  under  authority  con- 
ferred by  this  Act. 

Penalties  for  failure  to  obey.  §  7236.  For  every  neglect 
or  refusal  of  any  railroad  company,  corporation,  receiver 
or  person  operating  any  railroad  in  this  State  to  comply 
with  any  order  of  the  board  of  railroad  commissioners, 
made  in  pursuance  of  the  foregoing  provisions,  the  per- 
son or  corporation  so  neglecting  or  refusing  shall  forfeit 
to  the  State  of  Kansas,  for  the  benefit  of  the  school  fund, 
the  sum  of  $100  for  each  day  that  any  such  order  is 
neglected  or  disobeyed  after  the  expiration  of  30  days 
from  the  date  of  service  of  notice  on  the  president, 
managing  officer,  superintendent,  any  member  of  the 
board  of  directors,  or  any  station  agent  or  person  In 
charge  of  any  oflice  cr  station  of  such  company,  by  the 
board  of  railroad  commissioners,  of  the  making  of  such 
order,  to  be  recovered  by  civil  action  in  the  name  of  the 
State,  which  action  shall  be  prosecuted  by  the  county 
attorney  of  the  county  in  the  District  Court  of  the  county 
in  which  such  switch,  sidetrack  or  other  facility  was 
ordered  built  by  the  said  board  of  railroad  commissioners. 

Suit  to  set  aside  order.  §  7237.  In  the  hearing  of  any 
action  begun  in  the  District  Court  to  enforce  and  collect 


560 


National  Association  of  Eailway  Commissioneks 


the  penalties  provided  for  a  failure  to  obey  any  crder  of 
the  board  of  railroad  commissioners,  as  provided  in  §  :i 
.  of  this  Act,  the  court  shall  inquire  into  the  reasonable- 
ness of  the  said  order  of  the  beard  of  railroad  commis- 
sioners, and  if  the  court  shall  find  that  said  order,  or 
any  part  thereof,  is  unreasonable,  no  penalty  shall  be 
adjudged  against  such  company  or  corporation,  receiver  or 
other  person  operating  said  railroad  for  failure  to  obey 
that  part  of  the  said  order  of  the  board  of  railroad  com- 
missioners found  unreasonable.  In  any  such  judicial 
proceedings,  the  report  and  findings  of  the  board  of 
railroad  ccmmissioners  shall  be  deemed  prima  facie 
evidence  as  to  every  fact  found,  and  the  orders  of  said 
board  of  railroad  commissioners  shall  be  deemed  prima 
facie  reasonable  and  just;  but  the  findings  of  a  part  of 
said  order  to  be  unreasonable  shall  not  affect  in  anyway 
the  part  found  to  be  reasonable,  and  the  penalties  herein 
provided  shall  be  assessed  against  said  railroad  com- 
pany, corporation,  receiver  or  other  person  for  dis- 
obedience of  the  part  of  said  order  found  to  be  rea- 
sonable. 

Mandamus  to  enforce  order.  §  7238.  In  case  any  rail- 
road company  or  corporation  or  any  of  its  oflicers,  agents 
or  employes  shall  violate  or  shall  refuse  or  fail  to  obey 
any  such  order  lawfully  made  by  the  board  of  railroad 
commissioners,  any  person  or  persons,  company  or  cor- 
poration aggrieved  thereby  may  institute  and  prosecute 
mandamus  proceedings  in  the  District  Court  of  the  proper 
county  to  compel  compliance  with  and  obedience  to 
such  order.  The  practice  in  such  cases  shall  be  as  in 
other  cases  of  mandamus,  but  the  court  may  control  the 
time  of  trial  without  regard  to  the  time  issues  are  joined. 
Cases  instituted  under*  the  provisions  of  this  section  may 
have  precedence  as  to  time  of  hearing  over  all  other 
classes  of  cases  except  criminal  cases.  In  such  action 
the  court  may  direct  the  railroad  company  or  corpora- 
tion affected  thereby  to  comply  with  any  part  of  any 
order  of  the  board,  and  may  hold  any  part  of  the  same 
unreasonable,  and  refuse  to  enforce  such  part,  without 
affecting  the  part  found  to  be  reasonable  and  just.  Dis- 
obedience of  any  judgment,  order  or  writ  of  the  District 
Court  in  any  such  proceedings  shall  be  punished  as  in 
other  cases  of  contempt.  In  addition  to  the  general 
powers  of  the  court  to  punish  for  contempt,  the  court 
shall  have  power  to  punish  any  refusal  or  failure  to 
obey  its  orders  made  under  provisions  of  this  section  by 
a  fine  of  not  to  exceed  $500  for  each  day  after  a  day  to 
be  fixed  by  the  court  that  such  disobedience  or  failure 
shall  continue,  or  by  imprisonment  in  the  county  jail  for 
not  to  exceed  30  days,  or  by  both  such  fine  and  imprison- 
ment. The  remedies  provided  in  this  section  shall  not 
be  deemed  to  exclude  or  limit  any  other  remedies  pro- 
vided by  this  Act  or  existing  by  virtue  of  any  ether 
statute  or  "the  common  law,  but  shall  be  in  addition 
thereto. 

Who  entitled  to  right.  §  7239.  Any  person,  firm  or  cor- 
poration desirous  of  erecting  and  operating  or  who  has 
erected  a  grain  elevator  of  not  less  than  10,000  bushels 
storage  capacity,  or  fiouring  mill  of  not  less  than  50 
barrels  per  24  hours,  on  lands  adjacent  to  the  right  of 
way  of  any  railroad  company  in  this  State,  at  or  in  the 
immediate  vicinity  and  not  to  exceed  more  than  one-fourth 
of  a  mile  of  any  regular  way  station  of  such  railroad, 
shall  have  the  right  to  demand  of  such  railroad  company 
that  it  designate  the  location  of  a  sidetrack  over  its 
right  of  way  from  the  site  of  said  proposed  elevator  or 
flouring  mill  which  it  will  agree  to  construct  and  con- 
nect with  a  switch  [or]  with  any  sidetrack  of  such  rail- 
road at  a  point  within  a  reasonable  distance  from  such 
way  station  and  from  the  site  of  said  proposed  elevator 
or  mill,  and  that  it  designate  the  terms  and  conditions 
upon  which  it  will  construct,  maintain  and  oi>erate  such 
sidetrack  after  the  erection  and  completion  of  said 
elevator  or  mill. 

What  request  for  shall  contain.  §  7240.  The  demand 
provided  for  in  the  first  section  of  this  Act  shall  be  in 
writing,  shall  designate  the  proposed  location  of  said 
grain  elevator  or  flouring  mill,  and  shall  be  delivered  to 
the  station  agent  of  the  railroad  company  at  the  station  in 
■whose  immediate  vicinity  such  grain  elevator  or  flouring 
mill  is  proposed  to  be  erected,  or  if  the  railroad  company 
has  no  agent  at  such  station,  then  the  notice  shall  be  deliv- 


ered to  its  station  agent  located  nearest  to  the  place  of  the 
proposed  erection  of  such  elevator  or  mill. 

Deposit  of  $2.~i  required.  §  7241.  The  demand  here- 
inbefore provided  for  shall  be  accompanied  by  a  deposit 
of  $25,  which  shall  be  applied  by  the  railroad  company 
as  a  payment  on  the  amount  of  the  compensation  to 
which  it  shall  become  entitled  under  the  terms  of  this 
Act,  and  which  shall  be  forfeited  to  the  company  in  the 
event  of  the  failure  of  the  party  making  such  demand 
to  erect  a  grain   elevator  or   flouring  mill. 

Duty  of  railroad.  §  7242.  It  shall  be  the  duty  of  the 
railroad  company  upon  whom  the  demand  hereinbefore 
provided  for  shall  be  made,  within  30  days  thereafter, 
to  place  in  the  hands  of  its  agent  at  the  station  when 
such  demand  is  made  a  written  designation  of  the  loca- 
tion of  the  sidetracks  which  it  shall  agree  to  construct 
in  accordance  with  such  demand  and  the  terms  and 
conditions  upon  which  it  will  agree  to  construct,  operate 
and  maintain  such  sidetracks;  provided,  however,  the 
railroad  shall  not  be  required  to  make  such  written 
designation  in  case  it  shall  elect  to  grant  a  permit  to 
the  party  making  such  demand  to  erect  an  elevator  or 
mill  upon  its  right  of  way  as  hereinbefore  provided  tor. 
Such  written  designation  so  deposited  with  the  staton 
agent  shall  be  delivered  by  him  to  the  party  or  parties 
who  shall  have  previously  made  the  written  demand  herein- 
before provided  for,  on  request  of  such  party  or  parties 
therefor. 

Construction  and  repair  of  sidetrack.  §7243.  It  shall 
be  the  duty  of  the  railroad  company.  Immediately  afer 
the  elevator  or  mill  referred  to  In  the  written  demand 
hereinbefore  provided  for  shall  have  been  erected  and 
the  manner  and  terms  and  conditions  on  which  i  he 
switch  referred  to  in  such  demand  shall  be  locat  !d, 
constructed,  maintained  and  operated,  shall  have  bten 
agreed  upon  between  the  railroad  company  and  the  pa  ty 
or  parties  erecting  such  elevator  or  mill,  or  shall  hi  ve 
been  fixed  by  the  board  of  railroad  commissioners  ol 
this  State,  as  provided  for  by  §  6  of  this  Act,  to  constrict 
such  sidetrack  and  switch;  and  such  sidetrack  and  switch 
shall  at  all  times  be  under  the  control  and  managem*  nt 
of  and  be  kept  in  repair  and  be  operated  by  the  ri  il- 
road  company  constructing  or  owning  the  same,  aid 
used  for  the  business  of  such  grain  elevator  or  flouri  ig 
mill  for  whose  use  the  same  may  have  been  construct  d, 
upon  such  terms  and  conditions  as  may  be  agreed  ui  jn 
by  the  owner  or  owners  of  such  elevator,  warehou  le, 
mill  or  manufactory  and  the  railway  company  huildi  ig 
such  sidetrack  and  switch,  or  in  case  of  failure  to  mal^e 
such  agreement,  upon  such  terms  and  conditions  as  i  re 
imposed  by  the  board  of  railroad  commissioners,  as  p  o- 
vided  in  §  G  of  this  Act. 

Board's  poicer  to  settle  differences.  §  7244.  In  case  1  he 
person  or  persons  or  corporation  making  the  dema  nd 
hereinbefore  provided  for  and  the  railroad  company  ol 
which  the  demand  is  made  cannot  agree  upon  the  lo- 
cation such  sidetrack  and  switch,  or  upon  the  ter  as 
and  conditions  upon  which  the  same  shall  be  construct  ^d, 
maintained  and  operated,  or  in  case  the  railroad  ccm- 
pany  shall  fail  to  deposit  its  written  designation  w  th 
its  station  agent,  or  such  station  agent  shall  fail  to  le^ 
liver  the  same  to  the  party  or  parties  making  requ  'st 
therefor,  as  provided  by  §4  of  this  Act,  either  pa  ty 
may  apply  to  the  board  of  railroad  commissioners  of  t  lis 
State,  which  is  hereby  authorized  and  required,  af  ei 
hearing  the  parties,  to  fix  the  location  and  the  terms  and 
conditions  upon  which  such  railroad  company  shall  be 
compelled  to  locate,  build,  maintain  and  operate  si  ch 
sidetrack  and  switch;  and  the  decision  of  the  board  ol 
railroad  commissioners  in  relation  thereto  shall  be  ac 
cepted  and  received  as  an  administrative  order  of  said 
board  of  railroad  commissioners,  shall  have  the  sa-ne 
legal  effect  and  be  enforced  as  all  other  administrat  ve 
orders  of  said  board  made  pursuant  to  paragraph  5998, 
General  Statutes  of  Kansas  of  1901. 

Erecting  mill  on  right  of  icay.  §  7245.  In  case  '  h< 
railroad  company  shall  elect  so  to  do,  it  may,  instead  ol 
making  the  designation  provided  for  in  §  4  of  this  Act 
designate  a  suitable  location  on  its  right  of  way  ad 
jacent  to  one  of  its  side  tracks  at  the  station  in  whose 
vicinity  the  party  or  parties  making  a  written  demand  as 
hereinbefore   provided   for   shall   desire   to   erect   a  graii 


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561 


elevator  or  flouring  mill,  at  which  it  will  permit  the 
party  making  such  demand  to  erect  such  elevator  or 
mill;  such  election  shall  be  in  writing,  shall  be  delivered 
to  the  agent  o£  the  railroad  company,  and  by  him  on 
request  therefor  shall  be  by  him  delivered  to  the  party 
or  parties  making  the  demand,  in  the  same  manner  as 
provided  by  §  4  of  this  Act  for  the  delivery  of  a  written 
designation  of  the  location  of  a  sidetrack  to  be  con- 
structed in  accordance  with  such  demand.  The  written 
election  so  made  and  delivered  shall  constitute  a  bind- 
ing contract  on  the  part  of  the  railroad  company  and 
the  party  or  parties  desiring  to  erect  such  elevator  or 
mill  to  permit  the  erection  of  such  elevator  or  mill  on 
its  right  of  way  at  the  place  therein  designated;  pro- 
vided, such  erection  is  commenced  within  60  days  from 
the  date  of  such  written  notice  of  election,  and  the 
elevator  or  mill  completed  within  a  reasonable  time  there- 
after. In  case  the  railroad  company  and  the  party  or 
parties  erecting  such  elevator  or  mill  are  unable  to 
agree  upon  the  compensation  to  be  paid  to  the  railroad 
company  for  the  privilege  of  erecting  and  maintaining 
the  elevator  or  mill  upon  the  railroad  right  of  way,  the 
amount  of  such  compensation  shall  be  fixed  and  deter- 
mined on  the  request  of  either  party  by  the  board  of 
railroad  commissioners  of  this  State,  and  an  order  of 
said  board  of  railroad  commissioners  in  this  regard  shall 
have  the  same  force  and  effect  and  be  enforced  in  the 
same  manner  as  an  order  fixing  the  compensation  for  the 
construction,  maintenance  and  operation  of  a  sidetrack, 
made  under  §  G  of  this  Act. 

FREIGHT   TERMINALS. 

Designating  freight  terminal  points.  §  7246.  Authority 
is  hereby  given  to  the  board  of  railroad  commissioners 
of  the  State  of  Kansas,  and  it  is  hereby  made  the  duty 
of  said  board,  immediately  upon  the  taking  effect  of  this 
Act,  to  order  and  designate  such  cities  or  places-  in 
Kansas  as  freight  terminal  points  as  may,  in  the  judg- 
ment of  the  board,  be  proper  and  convenient  therefor. 
Such  designation  shall  be  made  by  order,  which  order 
Bhall  be  served  upon  each  railroad  company  or  other 
common  carrier  in  the  State  of  Kansas  affected  thereby, 
and  such  order  shall  specify  the  time  within  which  the 
railroads  entering  such  terminal  points  shall  afford  com- 
plete and  proper  freight  terminal  facilities  as  hereinafter 
provided  for. 

Operation  of  terminal  points.  §  7247.  It  shall  be  the 
duty  of  every  railroad  company  or  other  common  carrier, 
doing  business  within  the  State  of  Kansas,  to  construct 
and  maintain  proper  freight  depots  and  freight  terminal 
facilities  upon  its  lines  of  railroad  in  the  State  of  Kan- 
sas, and  within  the  limits  thereof,  at  such  cities  or  places 
as  shall  be  designated  by  the  board  of  railroad  commis- 
sioners of  the  State  of  Kansas,  and  within  the  time 
specified  by  the  order  of  said  board.  And  it  shall  be 
the  duty  of  said  railroad  company  or  other  common 
carrier,  upon  the  request  of  any  shipper,  to  consign  and 
bill  any  freight  offered  by  such  shipper  to  be  shipped 
over  such  line  or  road  or  by  any  such  common  carrier 
to  such  terminal  points  within  the  State  of  Kansas,  so 
as  aforesaid  designated  as  terminal  points  by  said  board. 
And  all  rates  for  the  transportation  of  such  freight,  so 
as  aforesaid  shipped,  and  upon  the  request  of  the  con- 
signor thereof,  so  as  aforesaid  billed,  shall  be  subject 
to  the  tariff  rates,  charges,  classifications,  rules  and 
regulations  established  by  the  laws  of  the  State  of  Kan- 
sas or  by  the  orders  of  said  board  of  railroad  commis- 
sioners. 

Rates  between  terminal  points.  §  7248.  That  all  rail- 
road companies,  or  other  common  carriers,  entering  such 
cities  or  places  as  shall  be  designated  by  the  board  of 
railroad  commissioners  as  terminal  points,  are  hereby 
required  to  publish  and  put  into  effect  freight  and  pas- 
senger tariff  schedules  between  such  stations  and  all 
other  stations  in  Kansas,  on  such  lines  of  railroad,  within 
three  months  from  the  taking  effect  of  this  Act,  which 
freight  and  passenger  tariff  schedules  shall  first  be  ap- 
proved  by   the   board   of  railroad   commissioners. 

Erection  of  terminal  facilities.  §  7249.  That  it  shall  be 
the  duty  of  the  board  of  railroad  commissioners  to  in- 
spect all  freight  depots  and  other  freight  terminal  fa- 
cilities required  to  be  constructed  under  the  provisions 
of  this  Act  when  the  same  are  completed,  and  to  approve 


the  same,  when  such  depots  and  other  terminal  facilities 
have,  in  the  judgment  of  said  board,  been  constructed  and 
installed  in  accordance  with  the  orders  of  said  board  and 
the  provisions  of  this  Act;  and  said  commissioners  shall 
have  the  power,  upon  application  of  any  such  railroad, 
for  good  cause  shown,  to  extend  for  a  reasonable  time 
the  period  within  which  such  depots  and  terminal  facili- 
ties shall  be  completed. 

Penal  provisions.  §  7250.  That  every  such  railroad  or 
railway  company  failing  to  construct  and  maintain  freight 
depots  and  terminal  facilities  and  put  into  effect  pas- 
senger and  freight  tariff  schedules,  as  provided  in  this 
Act,  within  the  time  fixed  herein,  or  within  the  time 
which  may  be  granted  by  the  board  of  railroad  commis- 
sioners, as  provided  herein,  shall  forfeit  and  pay  to  the 
State  of  Kansas  the  sum  of  $1,000  per  day  for  each  and 
every  day  thereafter  that  such  company  shall  so  fail, 
to  be  recovered  in  an  action  to  be  brought  in  the  name 
Of  the  State  of  Kansas,  by  the  attorney-general,  in  any 
court  of  competent  jurisdiction,  to  be  paid  into  the  school 
fund  of  the  State  of  Kansas. 

Damages  to  shipper.  §  7251.  Any  such  railroad  com- 
pany or  other  common  carrier  refusing  to  consign  or 
bill  any  freight,  as  provided  by  the  terms  of  §  2  of  this 
Act,  shall  be  liable  to  the  shipper,  or  the  consignor,  so 
as  aforesaid  requesting  the  said  consignment,  in  the  sum  of 
$500  for  each  and  every  such  violation,  to  be  recovered 
in  any  court  of  competent  jurisdiction,  for  the  use  and 
benefit  of  such  consignor  or  shipper;  and  in  addition 
thereto  shall  be  liable  for  the  actual  damages  suffered 
by  said  consignor  or  shipper  by  reason  of  such  refusal 
upon  the  part  of  such  railroad  company  or  other  com- 
mon carrier,  to  be  recovered  in  a  proper  action  in  any 
court  of   competent   jurisdiction. 

Penal  provisions.  §  7252.  Any  officer,  agent  or  employe 
of  such  railroad  company  or  other  common  carrier  refus- 
ing to  consign  or  bill  any  freight,  as  provided  in  §  2  of 
this  Act,  shall  upon  conviction  thereof  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  fined  in  any  sum  not 
less  than  $100  nor  more  than  $1,000,  or  be  imprisoned  in 
the  county  jail  of  the  proper  county  for  not  less  than 
30  days  and  not  more  than  one  year,  for  each  offense, 
and  shall  be  subject  to  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court. 

INTEBVF.XTION     IN  INTERSTATE  COMMERCE. 

Board  given  poiver  to  intervene.  §  7253.  The  board  of 
railroad  commissioners  shall  have  power  to  intervene  in 
any  case  pending  before  the  Interstate  Commerce  Commis- 
sion in  which  interstate  rates  affecting  the  interests  of 
Kansas  shippers  are  Involved. 

Expense  of  intervention.  §  7254.  Said  board  of  railroad 
commissioners  is  hereby  empowered  and  directed  to  pay 
all  expense  of  investigation  and  prosecution  of  litigation 
instituted  under  the  provisions  of  this  Act  out  of  the  con- 
tingent fund  of  said  board. 

KAILBOAD  PASSES. 

Passes  prohibited.  §  7255.  It  shall  be  unlawful  for  any 
railroad  company  to  issue,  give,  or  offer  to  issue  or  give, 
any  free  pass,  ticket,  or  transportation,  in  any  form,  to 
passengers,  for  use  upon  the  lines  within  this  State,  except 
its  officers  and  directors,  and  employes  and  their  families; 
the  officers  and  directors  and  employes  of  other  railway 
companies  and  their  families;  the  employes  of  express,  tele- 
graph and  sleeping-car  companies  and  their  families;  a 
representative  from  each  of  the  labor  organizations  of  em- 
ployes of  the  railway  companies;  railway  employes  in- 
capacitated by  reason  of  disease  or  injury  incurred  or  re- 
ceived in  the  employ  of  the  company  issuing  such  pass;  ex- 
railway  employes  who  have  been  engaged  in  the  employ 
of  a  railway  company  continuously  for  fifteen  years  and 
placed  on  the  retired  list;  also  messengers  and  clerks  in  the 
railway  mail  service;  news  agent,  while  selling  papers,- 
books,  magazines,  fruit,  confectionery,  etc.,  on  the  train; 
members  of  the  State  board  of  railroad  commissioners  and 
their  attorney,  together  with  all  other  officers  and  em- 
ployes of  said  board;  persons  injured  in  wrecks,  or  by  acci- 
dents, and  doctors,  nurses  and  necessary  attendants  in  car- 
ing for  such  injured  persons,  to  be  used  only  in  visiting  em- 
ployes and  their  families  or  in  accompanying  employes  to 
railroad  hospitals;  caretakers  of  stock,  poultry  or  fruit  In 
carload  lots,  to  be  used  exclusively  in  accompanying  the 


5G2 


National  Association  of  Railway  Commissioners 


same  to  destination  and  returning  therefrom;  sherlfifs  and 
chief  of  police  in  cities  of  the  first  class;  Indigent,  destitute 
or  homeless  persons  whose  dependent  condition  is  certified 
to  by  mayor,  commissioner  of  the  poor  or  the  chairman  of 
the  board  of  county  commissioners,  and  it  shall  be  unlaw- 
ful for  any  person,  other  than  the  above  excepted  persons, 
to  solicit,  accept  or  use  any  such  free  pass,  ticket  or  trans- 
portation. 

Penalties.  §  7256.  Any  oflicer,  agent  or  employe  of  any 
railroad  company  doing  business  within  this  State  who 
issues,  gives  or  delivers,  or  offers  to  issue  or  give,  any  free 
pass,  ticket  or  transportation  to  any  person  not  authorized 
to  accept  and  use  the  same  by  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not  more 
than  $100,  or  by  Imprisonment  in  the  county  jail  not  more 
than  30  days,  or  by  both  such  fine  and  imprisonment;  and 
any  person  not  authorized  by  this  Act  to  accept  and  use 
such  pass,  ticket  or  transportation  who  solicits,  for  himself 
or  others,  or  accepts  or  uses  the  same,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine 
of  not  more  than  $100,  or  by  imprisonment  in  the  county 
jail  not  more  than  30  days,  or  by  both  such  fine  and  im- 
prisonment. 

Term  "employe"  defined.  §  7257.  The  word  "employe," 
as  used  in  this  Act,  shall  be  construed  to  include  all  per- 
sons who  devote  their  principal  time,  skill  and  energy  to 
the  service  of  the  railroad  company  by  which  they  are  em- 
ployed, and  who  received  a  stated  and  remunerative  salary 
therefor,  and  to  exclude  all  others  who  do  not  depend  pri- 
marily upon  such  employment  for  a  livelihood,  except  one 
local  attorney,  physician  and  surgeon  in  any  one  county, 
through  or  in  which  said  railroad  issuing  such  pass  has  a 
line  of  road. 

Term  "family"  defined.  §  7258.  The  word  "family,"  as 
used  in  this  Act,  shall  be  construed  to  include  the  employe, 
his  wife  and  minor  children.  Immediate  members  of  his 
household  and  dependent  on  him  for  support,  and  to 
exclude  all  others. 

Laio  not  to  apply,  when.  §  7259.  The  terms  of  this  Act 
shall  not  be  construed  as  prohibiting  the  issuance,  accept- 
ance or  use  of  free  passes,  tickets  or  transportation  during 
the  prevalence  of  an  epidemic,  pestilence  or  catastrophe, 
when  necessary  to  afford  relief  or  to  mitigate  the  evil 
effects  of  such  calamitous  visitation. 

Excursion  rates,  etc.  §  7260.  The  provisions  of  this 
Act  shall  not  be  construed  as  prohibiting  excursion  rates, 
open  to  the  public  generally,  reduced  fare  to  ministers  of 
the  Gospel  and  those  giving  their  entire  time  to  religious, 
benevolent  or  charitable  work,  or  to  the  inmates  of  soldiers' 
homes.  State  or  National,  including  those  about  to  enter 
and  those  returning  home  after  their  discharge,  and  mem- 
bers in  good  standing  in  the  Grand  Army  of  the  Republic; 
provided,  however,  this  Act  shall  not  affect  any  rate  now 
provided  by  law  for  the  transportation  of  members  of  the 
Kansas  National  Guard. 

What  is  a  violation  of  the  law.  §  7261.  Any  device, 
subterfuge  or  arrangement  by  which  any  passenger  received 
a  concession,  advantage,  reduction  or  rebate  not  accorded 
to  all  other  passengers,  exclusive  of  the  excepted  classes 
hereinbefore  enumerated,  shall  be  deemed  a  violation  of 
this  Act,  and  the  officer,  agent  or  employe  of  the  railroad 
company  granting  or  offering  to  grant  or  give,  and  the 
person  soliciting  or  accepting  the  same,  shall  be  punished 
as  provided  in  §  2  for  a  direct  violation  of  the  provisions  of 
this  Act. 

MISCELLANEOUS    PROVISIONS    CONCEKNING    COMMISSIONEBS. 

Railroad  commissioners  and  attorney  entitled  to  Supreme 
Court  reports.  §  2384.  The  State  librarian  shall,  when  the 
reports  of  the  decisions  of  the  Supreme  Court  are  delivered, 
use  as  many  thereof  as  may  be  necessary  to  keep  up  the 
exchanges  of  the  State  of  Kansas  with  the  other  States, 
Territories,  countries,  societies  and  institutions  as  now 
•  required  by  law.  He  shall  also  mark  for  the  State  library 
14  copies,  one  of  which  he  shall  place  in  each  of  the 
supreme  judges'  rooms,  one  in  the  judges'  consultation 
room,  one  in  the  Supreme  Court  room,  one  in  the  attorney- 
general's  office,  two  he  shall  keep  in  the  library  for  public 
use,  and  two  he  shall  set  apart  for  the  use  of  the  two 
judiciary  committees  of  the  legislature.  He  shall  deliver 
one  copy  to  each  of  the  following  officers:  The  justices  of 
the  Supreme  Court,  the  auditor  of  State,  the  governor,  the 
attorney-general,  the  secretary  of  State,  the  clerk  of  the 


Supreme  Court,  the  treasurer  of  State,  the  superintendent 
of  public  instruction,  the  superintendent  of  insurance,  the 
board  of  railroad  commissioners,  the  attorney  for  the  board 
of  railroad  commissioners,  the  library  of  the  State  univer- 
sity, the  library  of  the  State  normal  school,  the  western 
branch  of  the  State  normal,  at  Hays,  and  the  Manual  Train- 
ing School  at  Pittsburg,  the  libbary  of  the  State  agricultural 
college,  the  board  of  control;  to  the  reporter  of  the  Supreme 
Court,  two  copies.  He  shall  place  two  copies  in  the  library 
of  congress,  to  complete  the  copyright  of  said  reports,  and 
deliver  to  the  secretary  of  State  one  copy  for  each  orga- 
nized county  of  the  State,  which  shall  be  by  him  delivered 
to  the  clerks  of  the  District  Courts  of  said  counties.  The 
librarian  shall  not  distribute  any  reports  to  any  others  or 
for  any  other  purpose,  but  shall  be  responsible  for  the 
remaining  volumes  of  said  reports,  which,  including  reports 
now  in  the  hands  of  the  librarian  as  well  as  such  as  are 
hereafter  delivered  to  him,  shall  be  sold  by  him  at  $2  per 
volume  The  directors  of  the  State  library  shall  have 
authority  to  order  printed  such  additional  copies  of  the 
reports  of  the  Supreme  Court  as  in  their  judgment  will  be 
necessary  to  supply  the  demand  upon  the  State  librarian 
for  the  same.  It  shall  be  the  duty  of  the  State  prin:er, 
under  the  direction  of  the  directors  of  the  State  library^  to 
make  and  preserve  for  future  use  matrices  or  plates  of  all 
volumes  of  the  reports  of  the  Supreme  Court,  and  such 
other  publications  as  the  directors  may  designate,  'j'he 
State  printer  shall  not  make  or  permit  to  be  made  f.ny 
matrices  or  plates  or  impressions  of  any  book  published  by 
the  State  except  for  the  use  of  the  State,  as  herein  jro- 
vided,  and  all  matrices  or  plates  so  made  for  any  book  pub- 
lished for  the  State  shall  be  the  exclusive  property  of  he 
State. 

Power  to  hear  complaints  of  excessive  charges  ty  irrigo' 
Hon  company.  §  4477.  Whenever  the  purchasers  of  wa  tei 
from  any  irrigation  company  shall  consider  the  rate  ol 
charges  of  such  company  for  the  use  of  water  to  be  uni  ja- 
sonable,  extortionate  or  unjust,  they  or  any  one  of  th  !m 
may  appeal  to  the  board  of  railroad  commissioners;  anc  ii 
the  board  of  railroad  commissioners  shall  consider  si  ch 
complaint  just,  they  shall  proceed  to  notify  the  irrigat  on 
company  and  the  complainants  that  30  days  from  date  ol 
such  notice  they  will,  at  the  county  seat  within  the  com  ty 
from  which  the  complaint  came,  hear  testimony  in  relat  on 
thereto;  and  if,  after  hearing  such  testimony  and  mak  ag 
Investigation,  they  shall  decide  that  such  rates  are  ext  ir- 
tionate  and  unjust,  they  shall  fix  a  rate  of  compensat  on 
for  the  use  of  water,  which  rate  shall  be  binding  upon  he 
irrigation  company  for  one  year  from  the  date  of  st  ch 
decision,  and  until  the  further  order  of  said  board  ther«  in. 

Powers  of  hoard  over  irrigation  companies.  §  4478.  1  he 
board  of  railroad  commissioners  shall  have  the  same  pi  w- 
ers  in  relation  to  irrigation  companies  that  they  have  in 
relation  to  railroad  companies.  (Laws  1891,  chapter  1  i3, 
article  6,  §2;  May  20.) 

Railroad  commissioners  and  attorneys  entitled  to  >  es- 
sion  laws.  §  4726.  The  secretary  of  State  shall  dispose  ol 
the  laws  passed  at  each  session  of  the  legislature,  imi  le- 
diately  after  their  publication,  as  fqllows: 

First.  He  shall  deposit  30  copies  thereof  in  the  St  ite 
library,  to  be  preserved  therein,  and  such  number  of  copies 
as  will  enable  the  librarian  to  make  exchanges  with  he 
libraries  of  the  several  States  and  Territories,  allowing  f  wo 
copies  to  each  State  or  Territory. 

Second.  He  shall  distribute  to  the  governor,  lieutensnt- 
governor,  auditor,  treasurer,  attorney-general,  superinte  id- 
ent  of  public  instruction,  superintendent  of  insurai  ce, 
adjutant-general,  secretary  of  State  board  of  agriculti  re. 
State  historical  society,  oflSce  of  railroad  commission!  rs, 
State  board  of  health,  bureau  of  labor  statistics,  stateho  iso 
commissioners,  each  justice  of  the  Supreme  Court  and  he 
clerk  thereof,  to  each  judge  of  the  District  Courts,  to  each 
organized  city  of  the  first  and  second  class  in  this  State, 
and  to  the  several  State  institutions,  to  the  clerk  of  che 
United  States  Circuit  and  District  Courts  and  to  the  United 
States  marshal  for  the  district  of  Kansas,  each  one  copy, 
and  to  the  library  of  congress  two  copies. 

Third.  To  the  clerk  of  the  board  of  county  comtilB- 
sioners  of  each  county,  a  sufficient  number  of  copies  of  the 
laws  to  be  distributed  by  him  to  each  of  the  following  offi- 
cers in  his  county,  allowing  one  for  each,  namely:  The 
judge  of  the  Probate  Court,  members  of  the  legislature, 
county  attorneys,  register  of  deeds,  county  superintendent 
of  public  instruction,  clerk  of  the  District  Court,  county 


Public  Service  Laws 


563 


treasurer,  sheriff,  coroner  and  chairman  of  the  board  of 
county  commissioners,  justices  of  peace,  township  trustees; 
and  said  clerlf  of  county  commissioners  shall  retain  one 
copy  for  his  office. 

Fourth.  Three  hundred  copies  shall  he  safely  kept,  by 
the  secretary  of  State,  for  the  use  of  new  counties  and 
townships  as  they  shall  become  entitled  to  receive  the  same. 

GENERAL   PURPOSES   FOR  WHICH   PUBLIC  UTILITY 
CORPORATIONS  MAY  BE  FORMED. 

Public  utility  corporations  may  6e  formed  for.  §  1669. 
(15)  The  construction  and  maintenance  of  a  railway  and 
of  a  telegraph  line  in  connection  therewith.  (16)  The  con- 
struction and  maintenance  of  any  species  of  road  and  of 
bridges  in  connection  therewith.  (17)  The  construction 
and  maintenance  of  a  bridge.  (18)  The  construction  and 
maintenance  of  a  telegraph  line.  (19)  The  establishment 
and  maintenance  of  a  line  of  stages.  (20)  The  establish- 
ment and  maintenance  of  a  ferry.  (21)  The  building  and 
navigation  of  steamboats  and  carriage  of  persons  and  prop- 
erty thereon.  (22)  The  construction  and  maintenance  of  a 
telephone  line.  (23)  The  supply  of  water  to  the  public. 
(24)  The  manufacture  and  supply  of  gas,  or  the  supply 
of  light  or  heat  to  the  public  by  other  means.  (25)  The 
production  and  supply  of  light,  heat  or  power  by  electricity. 
(35)  The  construction  and  maintenance  of  a  street  railway. 

(38)  The  construction,  maintenance  and  operation  of  union 
stockyards,  and  the  erection  of  such  buildings,  hotels,  rail- 
ways and  switches  as  may  be  necessary  for  that  purpose. 

(39)  The  conversion  and  disposal  of  agricultural  products 
by  means  of  mills,  elevators,  markets  and  stores,  or  other- 
wise. (48)  The  selling,  hiring  or  leasing  of  engines,  cars, 
rolling  stock  and  other  equipments  for  railroads  to  railroad 
companies. 

GENERAI,    POWERS,    EIGHTS    AND    DUTIES    OF    BAILEOADS,    ETC. 

Powers  of  railway  corporations.  §  1763.  Every  railway 
corporation  shall,  in  addition  to  the  powers  hereinbefore 
conferred,  have  power: 

First.  To  cause  such  examination  and  survey  for  its 
proposed  railway  to  be  made  as  may  be  necessary  to  the 
selection  of  the  most  advantageous  route;  and  for  such 
purpose,  by  its  officers,  agents  or  servants,  to  enter  upon 
the  lands  or  water  of  any  person,  but  subject  to  liability 
for  all  damages  which  shall  be  done  thereto. 

Second.  To  take  and  hold  such  voluntary  grants  of 
real  estate  and  other  property  as  shall  be  made  to  it  to  aid 
in  the  construction,  maintenance  and  accommodation  of  its 
railway;  but  the  real  estate  received  by  voluntary  grant 
shall  be  held  and  used  for  the  purpose  of  such  grant  only, 
and  to  purchase  and  hold,  with  power  to  convey,  real 
estate,  for  the  purpose  of  aiding  in  the  construction,  main- 
tenance and  accommodation  of  its  railway. 

Third.  To  lay  out  its  road,  not  exceeding  100  feet  in 
width,  and  to  construct  the  same;  and  for  the  purpose  of 
cuttings  and  embankments,  to  take  as  much  more  land  as 
may  be  necessary  for  the  proper  construction  and  security 
of  the  road,  and  to  cut  down  any  standing  trees  that  may 
be  in  danger  of  falling  on  the  road,  making  compensation 
therefor,  as  provided  in  this  Act  for  lands  taken  for  the 
use  of  the  corporation. 

Fourth.  To  construct  its  road  across,  along  or  upon 
any  stream  of  water,  watercourse,  street,  highway,  plank 
road  or  turnpike,  which  the  route  of  its  road  shall  intersect 
or  touch;  but  the  company  shall  restore  the  stream,  water- 
course, street,  highway,  plank  road  or  turnpike  thus  inter- 
sected or  touched,  to  its  former  state,  or  to  such  state  as 
to  have  not  necessarily  impaired  its  usefulness.  Nothing 
herein  contained  shall  be  construed  to  authorize  the  con- 
struction of  any  railway  not  already  located  in,  upon  or 
across  any  street  in  any  city  incorporate  or  towns  with- 
out the  assent  of  the  corporate  authorities  of  such  city. 

Fifth.  To  cross,  intersect,  join  and  unite  its  railway 
with  any  other  railway  at  any  point  in  its  route,  and  upon 
the  grounds  of  such  other  railway  corporation,  with  the 
necessary  turnouts,  sidings,  switches  and  other  conven- 
iences in  furtherance  of  the  objects  of  its  connection;  and 
every  railway  which  is  or  may  hereafter  be  intersected  by 
any  new  railway  may  unite  with  the  owners  of  such  new 
railway  in  forming  such  intersections  and  connections,  and 
grant  the  facilities  aforesaid;  and  if  the  two  corporations 
cannot  agree  upon  the  amount  of  compensation  to  be  made 
therefor,  or  the  points  and  manner  of  such  crossings  and 
connections,  the  same  shall  be  ascertained  and  determined 


by  three  commissioners,  to  be  appointed  by  the  District 
Court  of  the  county  in  which  such  crossing  or  connection, 
is  proposed  to  be  made. 

Sixth.  To  take  and  convey  persons  and  property  on 
their  railway  by  the  power  of  steam  or  of  animals,  or  by 
any  mechanical  power,  and  to  receive  compensation  there- 
for. 

Seventh.  To  erect  and  maintain  all  necessary  and  con- 
venient buildings,  stations,  fixtures  and  machinery  for  the 
accommodation  and  use  of  their  passengers,  freights  and 
business. 

Eighth.  To  regulate  the  time  and  manner  in  which 
passengers  and  property  shall  be  transported,  and  the  com- 
pensation to  be  paid  therefor;  said  compensation  not  to 
exceed  the  rates  fixed  by  law. 

Ninth.  From  time  to  time  to  borrow  such  sums  of 
money  as  may  be  necessary  for  completing  and  finishing 
or  operating  their  railway,  and  to  issue  and  dispose  of 
their  bonds  for  any  amount  so  borrowed,  and  to  mortgage 
their  corporate  property  and  franchises  to  secure  the  pay- 
ment of  any  debt  contracted  by  the  corporation  for  the 
purpose  aforesaid. 

Election  of  directors.  §  1764.  Any  railroad  corporation 
organized  and  existing  under  the  laws  of  this  State  may 
provide  in  its  by-laws  for  the  election  of  one-fourth  of  its 
directors  for  four  years,  one-fourth  for  three  years,  one- 
fourth  for  two  years,  and  one-fourth  for  one  year,  and 
thereafter  at  each  succeeding  annual  meeting,  one-fourth 
for  four  years. 

Map  and  profile  must  he  filed.  %  1765.  Every  railway 
corporation,  before  constructing  any  part  of  their  road  into 
or  through  any  county  named  in  their  charter,  shall  make 
a  map  and  profile  of  the  route  intended  to  be  adopted  by 
such  company  in  such  county,  which  shall  be  certified  by 
the  president  and  engineer  of  the  company  or  a  majority 
of  the  directors,  and  filed  in  the  office  of  the  county  clerk 
of  the  county  into  or  through  which  the  road  is  to  be  made. 

Notice  to  occupants  of  land.  §  1766.  The  company  shall 
give  written  notice  to  all  actual  occupants  of  the  land  over 
which  the  route  of  the  road  is  so  designated,  and  which 
has  not  been  purchased  by  or  donated  to  the  corporation. 

Change  of  roadbed.  §  1767.  The  directors  of  any  rail- 
way corporation  may,  by  a  vote  of  two-thirds  of  their  whole 
number,  at  any  time  change  the  roadbed  or  road  line  or  any 
part  thereof,  for  the  purpose  of  shortening  the  line  or  to 
overcome  natural  obstacles;  but  such  corporation  shall  not 
change  the  general  route  or  terminus  of  the  road. 

County,  etc.,  appoint  its  agent  to  vote  stock.  §  1768. 
The  board  of  county  commissioners  of  any  county  or  the 
city  council  of  any  city  or  trustees  of  any  town  or  village 
interested  may  appoint  and  empower  an  agent  to  represent 
the  county,  city  or  village  to  subscribe  or  transfer  its  stock, 
give  its  vote  and  receive  its  dividends,  if  any,  and  such 
agent  to  change  at  pleasure. 

Character  of  service  required.  §  1769.  Every  railway 
corporation  in  this  State  which  now  is  or  may  hereafter  be 
engaged  in  the  transportation  of  passengers  or  property 
shall  give  public  notice  of  the  regular  time  of  starting 
and  running  its  cars,  and  shall  furnish  sufficient  accommo- 
dation for  the  transportation  of  all  such  passengers,  bag- 
gage, mails  and  express  freight  as  shall  within  a  reason- 
able time  previous  thereto  be  offered  for  transportation  at 
the  place  of  starting,  at  the  junction  of  other  roads,  and  at 
the  several  stopping  places;  and  they  are  hereby  required 
to  stop  all  trains  carrying  passengers,  at  the  junction  or 
intersection  of  other  railways,  a  sufficient  length  of  time 
to  allow  the  transfer  of  passengers,  personal  baggage,  mails 
and  express  freight,  from  the  trains  of  railways  so  connect- 
ing or  intersecting,  or  they  may  mutually  arrange  for  the 
transportation  of  such  persons  and  property  over  both 
roads  without  change  of  cars;  and  they  shall  be  compelled 
to  receive  all  passengers  and  freight  from  such  connecting 
and  intersecting  roads,  whenever  the  same  shall  be  deliv- 
ered to  them. 

Whistle  at  crossings.  §  1770.  A  steam  whistle  shall  be 
attached  to  each  locomotive  engine,  and  be  sounded  three 
times,  at  least  80  rods  from  the  place  where  the  railroad 
shall  cross  any  public  road  or  street,  except  in  cities  and 
villages,  under  a  penalty  of  not  more  than  $20  for  every 
neglect  of  the  provisions  of  this  section,  to  be  paid  by  the 
corporation  owning  the  railway  on  the  suit  of  the  county 
attorney,   one-half  thereof  to  go  to  the   informer  and  the 


564 


National  Association  of  Kailway  Commissioners 


other  halt  to  the  county  for  the  support  of  common  schools; 
and  the  corporation  shall  also  be  liable  for  all  damages 
which  shall  be  sustained  by  any  person  by  reason  of  such 
neglect;  provided,  however,  that  such  penalty  shall  be  sued 
for  within  one  month  from  the  time  the  cause  of  action 
accrues,  and  not  thereafter;  and  provided  further,  but  that 
one  penalty  shall  be  recovered  in  any  one  action. 

Signs  at  crossings.  §  1771.  Every  railway  corporation 
shall  cause  boards  to  be  placed,  well  supported  by  posts  or 
otherwise,  and  constantly  maintained  across  each  traveled 
public  road  or  street,  when  the  same  is  crossed  by  the  rail- 
way on  the  same  level.  Said  boards  shall  be  elevated  so  as 
not  to  obstruct  the  travel  and  to  be  easily  seen  by  trav- 
elers; and  on  each  side  of  such  board  shall  be  painted  in 
capital  letters,  "Look  out  for  the  cars."  But  this  section 
shall  not  apply  to  streets  in  cities  or  towns,  unless  the 
corporation  shall  be  required  to  put  up  such  boards  by  the 
city  or  town  authorities,  or  the  officer  having  charge  of 
such  streets. 

Recovery  of  penalties.  §  1772.  All  penalties  imposed 
upon  railway  corporations  by  this  or  any  other  Act  may  be 
sued  for  in  the  name  of  the  State  of  Kansas;  and  if  such 
penalty  be  for  a  sum  not  exceeding  $300,  then  such  suit 
may  be  brought  before  a  justice  of  the  peace  of  the  county 
in  which  the  penalty  accrued,  and  may  be  commenced  by 
serving  a  summons  on  any  officer  or  agent  of  such  com- 
pany found  within  the  State. 

Where  actions  against  railroads  may  he  brought.  %  1773. 
Any  action,  prosecution  or  proceeding  against  a  railway 
corporation,  for  any  liability,  penalty  or  forfeiture,  may  be 
brought  in  any  county  into  or  through  which  such  railway 
runs;  and  the  summons  or  other  process  in  any  such  case 
may  be  directed  to  and  served  by  any  officer  of  any  county 
In  which  the  principal  office  of  such  corporation  may  be,  or 
In  which  any  officer,  director  or  agent  of  the  corporation 
may  be  found. 

Powers  and  liabilities  subject  to  law.  §  1774.  All  exist- 
ing railway  corporations  within  this  State,  and  such  as 
may  hereafter  be  created  or  formed,  shall  respectively  have 
and  possess  all  the  powers  and  privileges  contained  in  this 
article;  and  they  shall  be  subject  to  all  the  duties,  liabili- 
ties and  provisions  contained  in  this  article,  not  inconsis- 
tent with  the  provisions  of  any  charter  granted  by  the 
legislative  assembly  of  the  territory  of  Kansas. 

Cancellation  of  railway  stock.  §  1775.  That  all  certifi- 
cates of  stock  heretofore  issued  and  not  legally  canceled 
by  any  railroad  corporation  organized  under  the  laws  of 
the  Territory  or  State  of  Kansas  shall  be  valid  and  binding 
as  against  such  railroad  corporation,  unless  an  action  be 
brought  to  annul  or  cancel  the  same  within  one  year  after 
the  passage  of  this  Act,  and  successfully  prosecuted. 

Cancellation  of  stock  issued  subsequent  to  law.  §  1776. 
That  all  certificates  of  stock  which  may  hereafter  be  issued 
by  any  railroad  corporation  organized  under  the  laws  of 
this  State  shall  be  valid  and  binding  as  against  the  corpo- 
ration issuing  the  same,  unless  an  action  be  brought  to 
annul  or  cancel  the  same  within  two  years  from  the  date 
of  issuing  the  same,  and  successfully  prosecuted. 

Petition  for  cancellation  of  stock.  §  1777.  That  any 
railroad  corporation  desiring  to  annul  or  cancel  any  cer- 
tificate issued  by  it  shall  commence  an  action  in  the  Dis- 
trict Court  of  the  county  in  which  its  main  office  is  located 
by  filing  a  petition  in  said  court,  which  petition  shall  de- 
scribe the  certificate  or  certificates  of  stock  sought  to  be 
annulled  or  canceled,  by  giving  the  number,  date  of  issue, 
to  whom  issued,  and  in  whose  name  standing  on  the  books 
of  company,  and  the  number  of  shares,  together  with  the 
reason  why  the  same  should  be  annulled  or  canceled.  Such 
petition  shall  be  verified  by  the  president  and  secretary  of 
the  corporation. 

Service  of  summons  on  stockholders.  §  1778.  That 
service  may  be  made  by  giving  personal  notice  to  the  party 
or  parties  interested;  or  where  the  holders  of  such  certifi- 
cates are  unknown  to  the  railroad  corporation  and  cannot 
be  ascertained  by  diligent  inquiry,  such  service  may  be 
made  by  publication  for  at  least  three  months  in  a  weekly 
newspaper  published  in  the  county  in  which  such  action  is 
brought,  or  if  no  newspaper  is  published  in  said  county, 
then  in  a  newspaper  of  general  circulation  in  said  county, 
and  also  in  the  official  State  paper  for  the  same  time.  Said 
publications  shall  be  contemporaneous,  and  shall  describe 
the  certificates  sought  to  be  annulled  or  canceled,  to  whom 
Issued,  in  whose  name  standing  on  the  books  of  the  com- 


pany, and  state  the  reasons  therefor  as  set  forth  In  §3, 
No  service  by  publication  shall  be  made  until  there  has 
been  filed  with  the  clerk  of  the  court  an  affidavit  by  the 
plaintilf,  its  agent  or  attorney,  showijig  the  nature  of  the 
action,  that  the  residence  of  the  holders  of  such  certificates 
is  unknown,  and  that  diligent  inquiry  has  been  made  to 
ascertain  such  residence  without  success,  and  that  by  rea- 
son thereof  service  of  summons  cannot  be  made  upon  the 
defendants  in  the  State  of  Kansas. 

Time  to  answer  on  publication  service.  1 1779.  When 
service  is  obtained  by  publication,  the  time  set  for  answer- 
ing shall  not  be  less  than  90  days  from  the  date  of  the 
last  publication,  as  hereinbefore  provided. 

POWERS  OF  RAILROADS. 

To  purchase,  hold  and  guarantee  payment  of  stocks  and 
bonds  of  other  roads.  §  6995.  That  it  shall  be  lawful  fot 
any  railroad  company  created  by  or  existing  under  the  laws 
of  this  State  from  time  to  time  to  purchase  and  hold  the 
stocks  and  bonds,  or  either,  or  to  guarantee  the  payment 
of  the  principal  and  interest,  or  either,  of  the  bonds  of  any 
other  railroad  company  or  companies,  the  line  of  whose 
railroad  constructed  or  being  constructed  connects  \vith 
its  own. 

To  foreclose  liens.  §  6996.  That  any  corporation  duly 
existing  under  the  laws  of  this  State  shall  have  power  and 
authority,  as  payee,  assignee,  or  holder  in  any  other  man- 
ner, to  enforce  by  foreclosure  or  otherwise  any  lien  upon 
the  property  of  any  other  corporation  or  individual,  vith 
the  like  proceedings  and  effect  in  law  and  equity  as  w<  uld 
pertain  to  any  other  person  being  such  payee,  asslgnet  or 
holder,  and  may  become  a  purchaser  at  any  sale,  judi  nal 
or  otherwise,  had  and  made  In  the  pursuance  of  the  iro- 
ceedings  for  the  enforcement  of  such  lien  by  foreclosure 
or  otherwise.  In  like  manner  and  effect  with  any  ot  her 
person. 

To  incur  debts.  §  6997.  That  any  railway  corporal  ion 
organized  under  the  laws  of  this  State  may  issue  and  ;eU 
Its  bonds,  or  Incur  other  indebtedness  for  any  of  its  lav  ful 
purposes,  to  such  amount  as  a  majority  of  the  board  of 
directors  of  such  railway  corporation  shall  deem  necess;  ry, 
and  may  mortgage  its  property  and  franchises  to  sec  ire 
the  payment  of  such  bonds  or  other  Indebtedness. 

LIABILITIES  OF  RAILROADS. 

For  damage  caused  by  neglect.  §  6998.  That  railro  ids 
in  this  State  shall  be  liable  for  all  damages  done  to  per  on 
or  property,  when  done  in  consequence  of  any  neglect  on 
the  part  of  the  railroad  companies. 

Liability  to  employe.  §  6999.  Every  railroad  comp;  ny 
organized  or  doing  business  in  the  State  of  Kansas  shall  be 
liable  for  all  damages  done  to  any  employe  of  said  comp:  ny 
in  consequence  of  any  negligence  of  Its  agents,  or  by  ;  ny 
mismanagement  of  its  engineers  or  other  employes,  to  :  ny 
person  sustaining  such  damage;  provided,  that  notice  In 
writing  that  an  injury  has  been  sustained,  stating  the  t:me 
and  place  thereof,  shall  have  been  given  by  or  on  behalt  of 
the  person  injured,  to  such  railroad  company  within  ei  ;ht 
months  after  the  occurrence  of  the  Injury;  provided,  h  iw- 
ever,  that  where  an  action  Is  commenced  by  the  inju  ed 
person  within  said  eight  months.  It  shall  not  be  necess  iry 
to  give  said  notice;  and  provided  further,  that  where  i  ny 
person  injured  is  in  the  hospital  of  or  under  the  charge  of 
the  railroad  company  causing  the  injury,  or  Is  preven  ed 
by  the  effects  of  said  Injury,  the  said  eight  months  si  all 
not  begin  to  run  until  such  injured  person  is  discharged 
from  said  hospital  or  care  of  said  railroad  company  or  ui  itil 
such  disability  be  removed;  provided,  further,  that  In  cise 
said  Injured  person  shall  die,  as  a  result  of  said  injur  es, 
within  said  eight  months.  It  shall  not  be  necessary  to  givj 
said  notice;  provided  further,  that  said  notice  need^^i 
state  whether  or  not  suit  is  Intended  to  be  brought.       i\ 

Manner  of  serving  notice.  §7000.  The  service  me 
tloned  In  §  1  hereof  may  be  served  by  a  written  copy 
thereof,  by  the  person  Injured  or  anyone  on  his  beh  ilf, 
upon  any  person  designated  by  the  railroad  In  any  con  ity 
In  which  the  action  might  be  brought,  as  provided  in  §  4199 
of  the  General  Statutes  of  Kansas  of  1901,  or  if  no  such 
person  has  been  designated  or  appointed,  as  in  said  section 
provided,  then  upon  any  local  superintendent  of  affairs, 
freight  agent,  agent  to  sell  tickets,  or  stationkeeper  of  such 
company  or  corporation  In  such  county,  or  such  service 
may  be  made  by  leaving  a  copy  thereof  at  any  depot  or  sta- 
tion of  such  company  or  corporation  in  such  county,  with 


r  es, 
giv* 


I 


Public  Service  Laws 


565 


the  person  in  charge  thereof  or  in  the  employ  of  such  com- 
pany or  corporation,  and  such  service  shall  be  held  and 
deemed  complete  and  effectual.  Proof  of  such  service  shall 
be  made  by  the  aflSdavit  of  the  party  making  the  same,  or 
other  persons  knowing  the  facts. 

When  liaMe  for  injury  to  employes.  §  1.  That  every 
company,  corporation,  receiver  or  other  person  operating 
any  railroad  in  this  State  shall  be  liable  in  damages  to  any 
person  suffering  injury  while  he  is  employed  by  such  car- 
rier operating  such  railroad,  or  in  case  of  the  death  of  such 
employe,  to  his  or  her  personal  representative  for  the  ben- 
efit of  the  surviving  widow  and  children,  or  husband  and 
children,  or  children,  or  mother  or  father  of  the  deceased, 
and  if  none,  then  the  next  of  kin  dependent  upon  such  em- 
ploye, for  such  injury  or  death  resulting  in  whole  or  in 
part  from  the  negligence  of  any  of  the  officers,  agents  or 
employes  of  such  carrier;  or  by  reason  of  any  insufficiency 
of  clearance  of  obstructions,  of  strength  of  roadbed  and 
tracks  or  structure,  of  machinery  and  equipment,  of  lights 
and  signals,  or  rules  and  regulations  and  of  number  of 
employes  to  perform  the  particular  duties  with  safety  to 
themselves  and  their  coeraployes,  or~  of  any  other  insuffi- 
ciency, or  by  reason  of  any  defect,  which  defect  is  due  to 
the  negligence  of  said  employer,  its  officers,  agents,  servants 
or  other  employes  in  its  cars,  engines,  motors,  appliances, 
machinery,  track,  roadbed,  boats,  works,  wharves  or  other 
equipment. 

Contributory  negligence  of  employe.  §  2.  That  in  all 
actions  hereafter  brought  against  any  such  common  carrier 
by  railroad  under  or  by  virtue  of  any  of  the  provisions  of 
this  Act  to  recover  damages  for  personal  injuries  to  an 
employe,  or  where  such  injuries  have  resulted  in  his  death, 
the  fact  that  the  employe  may  have  been  guilty  of  contribu- 
tory negligence  shall  not  bar  a  recovery,  but  the  damages 
shall  be  diminished  by  the  jury  in  proportion  to  the  amount 
of  negligence  attributable  to  such  employe;  provided,  that 
no  employe  who  may  be  injured  or  killed  shall  be  held  to 
have  been  guilty  of  contributory  negligence  in  any  case 
where  the  violation  by  such  common  carrier,  its  officers, 
agents,  servants  or  other  employes  of  any  Federal  or  State 
statute  enacted  for  the  safety  of  employes  contributed  to 
the  injury  or  death  of  such  employe. 

Assuming  risk  of  employment.  §  3.  That  any  action 
brought  against  any  common  carrier,  under  or  by  virtue 
of  any  of  the  provisions  of  this  Act,  to  recover  damages  for 
injuries  to  or  the  death  of  any  of  its  employes,  such  em- 
ployes shall  not  be  held  to  have  assumed  the  risk  of  his 
employment  in  any  case  where  the  violation  by  such  com- 
mon carrier,  its  officers,  agents,  servants  or  other  employes 
of  any  Federal  or  State  statute  enacted  for  the  safety  of 
employes  contributed  to  the  injury  or  death  of  such 
employe. 

Contracts  avoiding  liahility.  §  4.  That  any  contract, 
rule,  regulation  or  device  whatsoever,  the  purpose  or  intent 
of  which  shall  be  to  enable  any  common  carrier  to  exempt 
Itself  from  any  liability  created  by  this  Act,  shall  to  that 
extent  be  void;  provided,  that  in  any  action  brought 
against  any  common  carrier  under  or  by  virtue  of  any  of 
the  provisions  of  this  Act,  such  common  carrier  may  set  off 
therein  any  sum  contributed  or  paid  to  any  insurance, 
relief,  benefit  or  indemnity  that  may  have  been  paid  to  the 
injured  employe  or  the  person  entitled  thereto  on  account 
of  the  injury  or  death  for  which  said  action  was  brought. 

Action  survives.  §  5.  That  any  right  of  action  given  by 
this  Act  to  a  person  suffering  injury  shall  survive  to  his  or 
her  personal  representatives,  for  the  benefit  of  those  enti- 
tled to  recover  under  this  Act,  but  in  such  cases  there  shall 
be  only  one  recovery  for  the  same  injury. 

For  stock  killed  on  track.  §  7001.  Every  railway  com- 
pany or  corporation  in  this  State,  and  every  assignee  or 
lessee  of  such  company  or  corporation,  shall  be  liable  to 
pay  the  owner  the  full  value  of  each  and  every  animal 
killed,  and  all  damages  to  each  and  every  animal  wounded 
by  the  engine  or  cars  on  such  railway,  or  in  any  other 
manner  whatever  in  operating  such  railway,  irrespective  of 
the  fact  as  to  whether  such  killing  or  wounding  was  caused 
by  the  negligence  of  such  railway  company  or  corporation, 
or  the  assignee  or  lessee  thereof,  or  not. 

What  can  lie  recovered  in  action.  §  7002.  In  case  such 
railway  company  or  corporation,  or  the  assignee  or  lessee 
thereof,  shall  fail  for  30  days  after  demand  made  therefor 
by  the  owner  of  such  animal,  or  his  agent  or  attorney,  to 
pay  such  owner  or  his  agent  or  attorney  the  full  value  of 


such  animal  if  killed,  or  damages  thereto  if  wounded,  such 
owner  may  sue  and  recover  from  such  railway  company  or 
corporation,  or  the  assignee  or  lessee  thereof,  the  full 
value  of  such  animal  or  damages  thereto,  together  with  a. 
reasonable  attorney's  fee  for  the  prosecution  of  the  suit, 
and  all  costs  in  any  court  of  competent  jurisdiction  in  th& 
county  in  which  such  animal  was  killed  or  wounded. 

Dcm.and  for  payment.  §  7003.  The  demand  mentioned 
in  §  2  of  this  Act  may  be  made  of  any  ticket  agent  or  sta- 
tion agent  of  such  railway  company  or  corporation,  or  th& 
assignee  or  lessee  thereof. 

Court  or  jury  assess  attorney's  fee.  §  7004.  In  all  actions- 
prosecuted  under  this  Act  it  shall  be  the  duty  of  the  court 
if  tried  by  the  court,  or  jury  if  tried  by  a  jury,  if  the  judg- 
ment or  verdict  be  for  the  plaintiff,  to  find  in  addition  ta 
their  general  findings  for  plaintiff  the  amount,  if  anything, 
allowed  for  an  attorney's  fee  in  the  case. 

When  road  property  fenced.  §  7005.  This  Act  shall  not 
apply  to  any  railway  company  or  corporation,  or  the 
assignee  or  lessee  thereof,  whose  road  is  inclosed  with  a 
good  and  lawful  fence  to  prevent  such  animal  from  being 
on  such  road. 

Bond  to  protect  laborers.  §  7006.  That  whenever  any 
railroad  company  shall  contract  with  any  person  for  the 
construction  of  its  road  or  any  part  thereof,  such  railroad 
company  shall  take  from  the  person  with  whom  such  con- 
tract is  made  a  good  and  sufficient  bond,  conditioned  that 
such  person  shall  pay  all  laborers,  mechanics  and  material 
men  and  persons  who  supply  such  contractor  with  provi- 
sions or  goods  of  any  kind,  all  just  debts  due  to  such  per- 
sons, or  to  any  person  to  whom  any  part  of  such  work  is 
given,  incurred  in  carrying  on  such  work;  which  bond 
shall  be  filed  by  such  railroad  company  in  the  office  of  the 
register  of  deeds  in  each  county  where  the  work  of  such 
contractor  shall  be.  And  if  any  such  railroad  company 
shall  fail  to  take  such  bond,  if  such  railroad  company  shall 
be  liable  to  the  persons  herein  mentioned  to  the  full  extent 
of  all  such  debts  so  contracted  by  such  contractor. 

Who  may  sue  on  bond.  §  7007.  All  such  persons  men- 
tioned in  the  first  section  of  this  bill  shall  have  a  right  of 
action  on  the  bond  provided  for  in  the  first  section  of  this 
Act,  for  the  full  awards  of  debts  against  such  contractor. 

Liability  of  connecting  carriers  for  damage  to  property. 
§  1.  That  any  common  carrier  receiving  property  for  the 
transportation  from  one  point  in  this  State  to  another 
point  in  this  State  shall  issue  a  receipt  or  bill  of  lading 
therefor  and  such  carrier  or  any  other  common  carrier  to 
which  said  property  may  be  delivered  or  over  whose  line 
or  lines  such  property  may  pass  shall  be  liable  to  the 
owner  of  such  property  for  any  loss,  damage  or  injury 
caused  by  any  one  or  more  of  said  carriers,  and  no  con- 
tract, rule  or  regulation  shall  exempt  any  of  such  common 
carriers  from  the  liability  hereby  imposed;  provided,  that 
nothing  in  this  section  shall  deprive  any  owner  of  such 
property  or  any  holder  of  such  receipt  or  bill  of  lading  of 
any  remedy  or  right  of  action  which  he  has  under  existing 
law.  That  the  common  carrier  which  shall  pay  such  loss, 
damage  or  injury  shall  be  entitled  to  recover  from  the  com- 
mon carrier  on  whose  line  or  lines  the  loss,  damage  or 
injury  shall  have  been  sustained  the  amount  of  such  loss, 
damage  or  injury,  as  it  may  be  required  to  pay  to  the 
owner  of  such  property,  as  may  be  evidenced  by  any 
receipt,  judgment  or  transcript  thereof. 

Failing  to  pay  damage  for  60  days.  §  2.  That  any  com- 
mon carrier,  railroad  or  transportation  company  subject  to 
the  provisions  of  this  Act  which  shall  fail,  neglect  or  refuse 
to  pay  any  liability  hereby  imposed  for  60  days  after  de- 
mand therefor  shall  be  liable  to  the  owner  of  such  property 
so  lost,  damaged  or  injured  for  a  reasonable  attorney's  fee 
to  be  fixed  by  the  court  and  recovered  as  a  part  of  the 
judgment  in  any  action  brought  under  this  Act. 

Vpon  ichom  demand  shall  be  made.  §  3.  The  demand 
provided  for  in  this  Act  may  be  made  on  the  station  agent 
of  the  common  carrier,  railroad  or  transportation  company 
at  the  station  where  said  property  was  received  by  it,  or 
on  its  freight  auditor  or  freight  claim  agent. 

Liability  of  carriers  to  each  other.  §  4.  That  In  any 
action  under  this  Act  to  recover  damages  sustained  by  any 
shipper  of  freight,  baggage  or  other  property,  upon  the 
application  of  the  defendant  in  such  action  the  court  may 
make  party  to  such  action  any  common  carrier  or  carriers 
to  which  such  freight,  baggage  or  other  property  shall  have 
been  delivered  while  being  shipped  or  transported  to  the 


£66 


National  Association  of  Railway  Commissioners 


consignee  thereof,  and  upon  judgment  being  rendered  in 
favor  of  tlie  plaintiff  and  against  the  defendant  such  de- 
fendant shall  have  judgment  in  the  same  amounts  as 
against  the  carrier  or  carriers  through  whose  fault  or  neg- 
ligence the  loss,  damage  or  injury  occurred.  Upon  such 
carrier  or  carriers  being  so  made  parties  in  any  court  in 
this  State  summons  shall  issue  to  such  carrier  or  carriers 
In  any  other  county  in  this  State  upon  the  precipe  of  the 
defendant  named  in  said  action,  which  summons  shall  be 
Issued,  served  and  returned  in  the  same  manner  as  a  sum- 
mons issued  at  the  commencement  of  an  action,  and  shall 
notify  the  carrier  or  carriers  so  made  parties  that  the  de- 
fendant named  in  said  action  has  been  sued  by  the  plaintiff, 
naming  him,  for  damage  on  account  of  loss,  damage  or 
Injury  to  freight,  baggage  or  other  property,  and  that,  in 
the  event  that  judgment  is  rendered  against  the  said  de- 
fendant, such  defendant  will  take  judgment  in  the  same 
amounts  in  said  action,  against  the  carrier  or  carriers  so 
made  parties  to  said  action. 

CATTLE  GUARDS   AND  RAILWAY   CROSSINGS. 

Where  to  put  cattle  guards.  §  7008.  When  any  railroad 
runs  through  any  improved  or  fenced  land,  said  railroad 
company  shall  make  proper  cattle  guards  on  such  railroad 
when  they  enter  and  when  they  leave  such  Improved  or 
fenced  land. 

Damages  on  neglect.  §  7009.  Any  railroad  company 
neglecting  or  refusing  to  comply  with  the  provisions  of  §§  1 
and  2  of  this  Act  shall  be  liable  for  all  damages  sustained 
by  anyone  by  reason  of  such  neglect  and  refusal;  and  in 
order  for  the  injured  party  to  recover  all  damages  he  has 
sustained,  it  shall  only  be  necessary  for  him  to  prove  such 
neglect  or  refusal. 

Crossing  at  public  highways.  %  1.  It  shall  be  the  duty 
of  each  and  every  railway  company  or  corporation  owning, 
controlling  or  operating  any  line  of  railroad  within  this 
State  to  construct  and  keep  in  repair,  at  each  crossing  of 
any  regularly  laid  out  public  highway,  or  any  farm  or 
other  crossing  where  needed,  a  good  and  substantial  cross- 
ing, by  securing  on  each  side  of  each  rail  a  board  not  less 
than  12  feet  long  and  not  less  than  10  inches  wide  and 
2  inches  thick,  and  shall  fill  the  space  between  the  two 
inside  boards  with  gravel  or  broken  stones,  or  shall  floor 
the  space  with  boards  not  less  than  2  inches  thick  and 
12  feet  long. 

Farm  crossings.  §  1.  Whenever  any  railroad,  either 
steam  or  electric,  shall  run  through  any  farm  so  as  to 
divide  it,  such  railroad,  at  the  request  of  the  owner  of  such 
farm,  shall  construct,  keep  and  maintain  a  crossing  either 
on,  over  or  under  such  railroad  track,  at  some  convenient 
place,  which  crossing  shall  be  so  constructed  as  to  permit 
ready  and  free  crossing  thereon,  by  animals,  farm  imple- 
ments and  vehicles. 

Gates  at  farm  crossings.  §  2.  That  through  the  fences 
on  either  side  of  the  right  of  way,  of  such  railroad,  at  such 
crossing,  such  railroad  shall  construct,  keep  and  maintain 
gates  so  as  to  permit  the  passage  of  animals,  farm  imple- 
ments and  vehicles. 

Action  to  compel  building  crossing.  §  3.  If  upon  such 
request  being  made,  such  railroad  shall  fail,  neglect  or 
refuse  to  construct  such  crossing  and  gates,  or  to  keep  the 
same  in  repair,  then  the  owner  of  such  farm  may,  by  appro- 
priate action,  compel  such  railroad  to  so  construct,  keep 
and  maintain  such  crossings  and  gates,  or  such  owner  may 
construct  or  repair  such  crossing  and  gates,  and  then 
collect  from  such  railroad  the  cost  thereof. 

JUDGMENT  TO  BE  LIEN. 

§  7010.  Any  judgment  recovered  against  any  railroad 
company  in  this  State  for  any  Injury  to  persons  or  prop- 
erty shall  be  a  lien  within  the  county,  when  recovered,  on 
the  railroad  and  real  or  other  property  of  such  company, 
and  shall  be  prior  and  superior  to  the  lien  of  any  mort- 
gage or  trust  deed  which  may  be  thereafter  executed, 
except  liens  for  taxes. 

CONSOLIDATING,    LEASING,    EXTENDING    RAILROAD. 

Consolidating  different  roads.  §  7012.  Any  two  or  more 
railroad  companies  in  this  State  existing  under  general  or 
special  laws  and  owning  connecting  lines  of  railroads  in 
this  State,  or  lines  of  railroad  constructed  wholly  or  in 
part  which,  when  completed,  will  connect  with  each  other, 
and  any  railroad  company  organized  as  aforesaid  and  any 
railroad  company  duly  organized  and  existing  under  the 


laws  of  any  other  State  or  Territory  whose  lines  of  railroad 
shall  connect  at  the  State  line,  are  hereby  authorized  to 
consolidate  and  form  one  company  owning  and  controlling 
such  connected  line  or  lines  of  railroad,  with  all  the  rights, 
powers,  privileges  and  immunities,  and  subject  to  all  the 
obligations  and  liabilities  to  the  State  which  belonged  to 
or  rested  upon  either  of  the  companies  making  such  con- 
solidation. In  order  to  accomplish  such  consolidation  the 
companies  may  enter  into  contract  nxing  the  terms  and 
conditions  thereof,  which  shall  first  be  ratified  and  ap- 
proved by  parties  representing  two-thirds  of  all  the  stock 
held  in  each  company  proposing  to  consolidate,  at  a  meet- 
ing of  the  stockholders  of  said  companies  called  for  that 
purpose,  or  by  the  approval  in  writing  of  the  persons  or 
parties  holding  and  representing  two-thirds  of  such  stock; 
and  when  so  ratified  and  approved,  and  a  name  for  the 
consolidated  company  shall  have  been  adopted  by  agree- 
ment of  the  contracting  parties,  or  by  the  board  of  direct- 
ors of  the  consolidated  company,  a  certified  copy  of  such 
articles  of  agreement,  with  the  corporate  name  to  be 
assumed,  shall  be  filed  with  the  secretary  of  State,  whsn 
the  consolidation  shall  be  considered  duly  consummated, 
and  a  certified  copy  from  the  office  of  the  secretary  of  State 
shall  be  deemed  conclusive  evidence  thereof,  and  such  ccn- 
solidated  company  shall  then  and  thereafter  be  a  corpora- 
tion of  the  State  of  Kansas.  The  boards  of  directors  in  tie 
several  companies  may,  upon  the  said  approval  and  filing  as 
aforesaid  of  said  certified  copy,  proceed  to  carry  out  su;h 
contract  according  to  its  provisions,  calling  in  the  certifi- 
cates of  stock  then  outstanding  in  the  several  companies, 
and  issuing  certificates  of  stock  in  the  new  consolidatid 
company  under  such  corporate  name  as  may  have  benn 
adopted. 

Who  may  sell  or  lease.  §  7013.  Any  railroad  company 
of  this  State  may  sell  or  lease  the  whole  or  any  part  of  its 
railroad  and  branches,  constructed  or  to  be  constructed,  )r 
any  Interest  therein,  together  with  all  the  property,  righi  s, 
privileges  and  franchises  thereto  pertaining,  to  any  ra  1- 
road  company  organized  or  existing  under  the  laws  of  th  is 
State  or  of  any  State  or  Territory  of  the  United  States;  ai  d 
any  railroad  company  organized  under  the  laws  of  this  Sta  e 
or  any  State  or  Territory  of  the  United  States  may  aid  ai  y 
railroad  company  of  this  State  in  the  construction  of  1  s 
road  and  branches  by  purchase  of  its  stock  and  bonds  ■  'r 
any  portion  thereof,  or  by  guaranteeing  its  bonds,  or  tl  e 
interest  thereon,  or  otherwise.  Such  purchase,  sale  ■  ir 
lease  may  be  made  or  guaranty  entered  into  or  aid  fur- 
nished upon  such  terms  and  conditions  as  shall  be  agrei  d 
upon  by  the  directors  of  the  respective  companies;  but  tl  e 
same  shall  be  approved  or  ratified  by  persons  holding  •  ir 
representing  two-thirds  in  amount  of  the  capital  stock  )f 
each  of  such  companies  respectively,  at  an  annual  stoc  £- 
holders'  meeting  or  at  a  special  meeting  of  the  stockholde  s 
called  for  that  purpose,  or  by  the  approval  in  writing  >t 
two-thirds  in  interest  of  the  stockholders  of  each  compai  y 
respectively;  provided,  however,  that  no  purchase,  lease 
or  guaranty  under  this  Act  shall  be  entered  into  unless  the 
line  of  railroad  so  purchased  or  leased,  or  whose  stock  )r 
bonds  are  purchased,  or  the  bonds  of  which  are  guaraa- 
teed,  shall  when  constructed  form  a  continuous  line  wi  h 
the  road  of  the  company  purchasing,  leasing  or  guarantt  e- 
Ing,  either  by  direct  connection  therewith,  or  through  rn 
Intermediate  line  or  lines  constructed  or  to  be  constructed, 
which  such  company  shall  have  the  right  by  contract  )r 
otherwise  when  completed  to  use  or  operate,  or  the  pria- 
clpal  or  interest  of  whose  bonds  it  has  guaranteed,  or  a 
majority  of  whose  stocks  it  has  purchased.  Any  railrond 
company  of  any  State  or  Territory  which  shall  so  purcha  le 
or  lease  a  railroad  or  railroads  in  this  State  shall  possess 
and  enjoy  within  this  State  all  the  rights,  powers,  prl'l- 
leges  and  franchises  conferred  by  the  laws  of  this  State 
upon  a  railroad  corporation  of  this  State;  provided  further, 
that  nothing  in  the  foregoing  provisions  shall  be  held  or 
construed  as  curtailing  the  right  of  this  State,  or  of  tie 
counties  and  municipalities  of  this  State  through  whloh 
such  road  or  roads  may  be  located,  to  levy  and  collect 
taxes  upon  the  same,  and  the  rolling  stock  thereof,  pro 
rata,  in  conformity  with  the  provisions  of  the  laws  of  tt  is 
State  upon  that  subject;  and  the  road  or  roads  of  this  State 
so  leased  or  purchased  shall  be  subject  to  regulation  and 
control  by  the  laws  of  this  State  in  all  respects  the  same 
as  if  such  purchase,  sale  or  lease  had  not  taken  place; 
provided  further,  that  before  any  'railroad  corporation  of 
any  other  State  or  Territory  shall  be  permitted  to  purchase 


Public  Service  Laws 


567 


or  lease  a  railroad  in  this  State,  such  corporation  shall  file 
with  the  secretary  of  State  a  true  copy  of  its  charter  or 
articles  of  incorporation,  together  with  a  certified  copy  of 
the  resolution  of  its  board  of  directors  authorizing  service 
of  process  to  be  made  upon  any  of  its  officers  or  agents  In 
this  State  engaged  in  transacting  its  business,  in  the  same 
manner  as  may  be  provided  by  law  for  the  service  of 
process  upon  railroad  corporations  of  this  State;  and  said 
resolution  to  further  contain  a  stipulation  that  said  com- 
pany shall  be  and  become  subject  to  the  provisions  of  this 
Act.  Upon  the  filing  as  aforesaid  of  a  true  copy  of  its 
charter  and  of  such  resolution,  such  foreign  company  shall 
be  and  become  fully  entitled  to  the  benefits  of  this  Act, 
provided,  that  no  such  foreign  corporation  so  purchasing 
or  leasing  under  this  Act,  which  may  be  sued  or  impleaded 
in  any  of  the  courts  of  this  State  upon  any  contract  made 
or  executed  in  this  State  or  to  be  performed  in  this  State, 
or  for  any  act  or  omission,  public  or  private,  arising,  orig- 
inating or  happening  in  this  State,  shall  have  the  right  to 
remove  any  such  cause  from  said  State  court  into  any  of 
the  Federal  courts  held  or  sitting  in  this  State,  on  the 
ground  that  such  corporation  is  a  non-resident  of  this 
State;  but  as  to  such  litigation  and  the  jurisdiction  of  the 
court  in  relation  thereto  it  shall  be  deemed  to  be  a  domestic 
corporation  of  this  State,  and  subject  to  the  jurisdiction  of 
its  courts  in  all  respects  as  if  formally  incorporated  in  this 
State.  Any  sale  or  lease  or  any  agreement  to  sell  or  lease 
the  whole  or  any  part  of  a  railroad  or  its  branches  in  this 
State  to  any  railroad  company  organized  or  existing  under 
the  laws  of  this  State  or  any  other  State  or  States,  hereto- 
fore executed  by  the  proper  officers  of  the  companies  par- 
ties to  such  sale,  lease  or  contract,  may  be  ratified  and 
made  in  all  respects  valid  and  binding  by  the  assent  of 
two-thirds  of  the  directors  of  each  of  such  companies,  the 
same  to  be  approved  or  ratified  by  two-thirds  of  the  stoclc- 
holders  in  the  same  manner  as  hereinbefore  provided,  upon 
condition  that  said  foreign  railroad  corporation  shall, 
within  12  months  from  the  taking  effect  of  this  Act,  comply 
with  its  provisions  and  become  subject  thereto.  Upon  such 
I  ratification  by  such  directors,  and  compliance  with  this  Act 
I  by  such  foreign  corporations,  such  sale  or  lease  heretofore 
executed  shall  become  in  all  respects  valid  and  binding 
:  from  the  date  of  execution. 

DIEECTOKS    NEED    NOT    BE    RESIDENTS. 

§  7014.     No  railroad  company  organized  under  the  laws 
of  any  other  State  or  Territory,  and  which  may  become  a 
corporation  of  this  State  and  operate  its  road  within  this 
;  State,  under  the  Act  to  which  this  is  supplemental,  shall 
I  be  required  to  have  any  of  its  directors  residents  of  this 
State,  nor  shall   it   be  required   to  maintain  its  priupipal 
;  offices  and  headquarters  within  the  State. 
;        Railroad  can  lease  its  road.    §  7015.    That  any  railroad 
I  company  shall  have  power  to  lease  its  road  and  appurten- 
!  ances  to  any  railway  corporation  organized  under  the  laws 
t  of  this  State  or  of  any  adjoining  State,  when  the  road  so 
!  leased  shall  thereby  become  in  the  operation  thereof  a  con- 
i  tinuation  and  extension  of  the  road  of  the  company  accept- 
1  ing  such  lease;  provided,  that  the  owners  of  two-thirds  of 
the  stock  in  each  of  the  companies  so  leasing  its  road  at  a 
meeting  called  for  the  purpose  of  considering  that  subject, 
shall  by  resolution  assent  to  such  lease;  and  provided  fur- 
ther, that  any  agreement  to  lease  any  railroad  and  appur- 
tenances of  any  corporation  organized  under  the  laws  of 
an  adjoining  State,  heretofore  executed  by  the  proper  offi- 
cers of  such  companies,  may  be  ratified  and  made  binding 
upon  the  corporation  organized  under  the  laws  of  this  State 
by  the  assent  of  the  owners  of  two-thirds  of  the  stock  in 
each  of  such  companies  expressed  at  a  meeting  of  such 
stockholders  to  be  called  for  that  purpose;  and  upon  such 
ratification  such  agreement  to  lease  shall  be  taken  and  held 

I  to  be  binding  from  the  date  of  its  execution. 
Extension  of  lines.  §  7016.  Any  railroad  company  exist- 
Ing  under  any  of  the  laws  of  this  State,  or  of  the  Territory 
of  Kansas,  may  construct  and  extend  its  line  of  railroad 
into  or  through  any  other  State  or  Territory  under  such 
terms  and  regulations  as  may  be  prescribed  by  the  laws  of 
such  State  or  Territory;  and  any  such  railroad  company, 
so  existing  under  any  of  the  laws  of  this  State,  or  of  the 
Territory  of  Kansas,  may  purchase  or  lease  the  road  con- 
structed or  to  be  constructed,  and  other  property  of  any 
railroad  company  existing  under  the  laws  of  any  other 
State  or  Territory,  with  all  rights,  privileges  and  fran- 
chises thereto  appertaining,  or  may  buy  the  stock  and 
bonds,  or  either,  or  guarantee  the  bonds  and  interest,  or 


either,  of  any  such  company;  provided,  however,  that  no 
purchase,  lease  or  guaranty  under  this  Act  shall  be  entered 
into  unless  the  line  of  railroad  so  purchased  or  leased,  or 
the  bonds  of  which  are  guaranteed,  shall  when  constructed 
form  a  continuous  line  with  the  road  of  such  Kansas  com- 
pany, either  by  direct  connection  therewith  or  through  an 
intermediate  line  or  lines  constructed  or  to  be  constructed, 
which  such  Kansas  company  shall  have  the  right,  by  con- 
tract or  otherwise,  when  completed,  to  use  or  operate  or 
the  principal  and  interest  of  whose  bonds  it  has  guaranteed 
or  whose  stock  in  whole  or  in  part  it  has  purchased. 

Effect  of  law  on  previous  leases.  §  7017.  This  Act  shall 
not  be  construed  as  repealing  any  previous  Act,  or  as  im- 
pairing any  rights  or  privileges  given  or  granted  thereby; 
but  all  extensions,  purchases,  leases  or  guarantees  of  the 
character  set  forth  in  §  1  of  this  Act  shall,  if  already  made, 
upon  the  ratification  thereof  by  the  respective  boards  of 
directors  of  the  contracting  companies,  have  the  same  legal 
operation  and  validity  to  all  intents  and  purposes  as  if  this 
Act  had  been  in  force  at  the  time  they  and  each  of  them 
were  in  fact  made. 

May  issue  tonds  for  lease,  etc.  §  7018.  Any  railroad 
company  making  extensions  or  purchases  under  this  Act 
may,  conformably  to  the  laws  of  this  State,  issue  stock  or 
bonds  or  mortgage  its  property  or  any  part  thereof,  to  such 
extent  as  may  be  necessary  to  meet  the  cost  of  such  pur- 
chase or  extensions. 

Construct  hranch  lines.  §  7019.  Any  railway  corpora- 
tion which  has  been  heretofore  or  may  be  hereafter  organ- 
ized and  incorporated  under  the  laws  of  this  State  may  con- 
struct branch  railroads  from  points  on  its  line  to  other 
points  within  this  State;  provided,  that  before  any  such 
branch  line  shall  be  constructed  it  must  be  authorized  by 
persons  holding  or  representing  two-thirds  of  the  capital 
stock  of  the  railway  company  proposing  to  build  such 
branch  line,  at  a  stockholders'  meeting  called  for  that 
purpose. 

FORECLOSURE  PROCEEDINGS. 

Procedure  in  foreclosure  suits.  §  7020.  In  actions  to  en- 
force a  mortgage  or  deed  of  trust  executed  by  any  railroad 
company  upon  its  railroad  or  other  property,  or  any  por- 
tion thereof,  if  the  property  mortgaged  shall  be  situated  in 
more  than  one  county  in  this  State  the  District  Court  of 
any  one  of  such  counties  shall  have  jurisdiction  to  render 
judgment  against  such  company  for  the  amount  found  due 
In  the  same  manner  as  is  now  provided  by  law  concerning 
other  debts  secured  by  mortgage  on  real  property,  and  to 
decree  and  enter  an  order  for  the  sale  of  said  mortgaged 
property,  and  to  provide  for  the  terms  and  method  of  pay- 
ment of  the  purchase  price  of  the  property  ordered  to  be 
sold;  which  order  shall  be  directed  to  the  sheriff  of  any  or 
either  of  the  counties  in  which  said  mortgaged  property  is 
situated.  And  the  sheriff  to  whom  such  order  may  be 
directed  shall  have  power  to  sell  the  whole  of  said  property 
pursuant  to  the  order  of  the  court,  and  make  return  of  his 
proceedings  in  the  same  manner  as  may  be  provided  by  law 
in  ordinary  cases  of  the  foreclosure  of  mortgages  upon  real 
estate;  and  upon  the  coming  into  court  of  the  return  of 
the  sale  by  the  sheriff,  if  the  same  shall  be  found  to  have 
been  made  in  compliance  with  the  order  of  the  court,  the 
court  shall  thereupon  confirm  the  sale,  vesting  in  the  pur- 
chaser title  to  the  property  sold,  and  order  the  execution 
of  a  deed  by  the  sheriff,  as  in  the  case  of  the  sale  of  real 
estate  upon  execution  or  other  final  process. 

Right  of  purchaser  at  foreclosure  sale.  §  7021.  In  case 
of  the  sale  of  any  railroad  or  railroads,  or  any  part  thereof, 
constructed  or  in  process  of  construction,  made  in  pursu- 
ance of  the  judgment  of  any  court  of  competent  jurisdic- 
tion, foreclosing  any  mortgage  or  deed  of  trust  heretofore 
or  hereafter  executed  by  any  railroad  corporation,  the 
person  or  persons  acquiring  title  under  such  sale,  and  their 
associates,  successors  and  assigns,  shall  have  and  acquire 
thereby,  and  may  thereafter  exercise  and  enjoy  all  the 
rights,  privileges,  grants,  franchises,  immunities  and  ad- 
vantages in  and  by  such  mortgage  or  deed  of  trust  con- 
veyed which  belonged  to  and  were  enjoyed  by  the  company 
making  such  mortgage  or  deed  of  trust,  so  far  as  the  same 
relate  and  appertain  to  that  portion  of  the  railroad  or  line 
thereof  mentioned  and  described  in  and  conveyed  by  said 
mortgage  or  deed  of  trust,  and  no  further,  as  fully  and 
absolutely  in  all  respects  as  the  corporators,  shareholders, 
oflicers  and  agents  of  such  company  might  or  could  have 
exercised  and  enjoyed  had  no  such  sale  or  purchase  been 


568 


National  Association  of  Railway  Commissioners 


made;  and  such  purchaser  or  purchasers,  their  associates, 
successors  or  assigns,  may  proceed  to  organize  anew  and 
elect  directors,  distribute  and  dispose  of  stock,  take  the 
same  or  another  name,  and  may  conduct  their  business 
generally  under  and  in  the  manner  provided  in  the  charter 
In  such  original  company,  or  in  the  laws  relating  thereto, 
■with  such  variations  in  manner  and  form  of  organization 
as  their  altered  circumstances  may  seem  to  require;  pro- 
vided, however,  that  no  greater  or  enlarged  powers  shall 
be  exercised  by  the  new  organization  than  are  conferred 
by  the  charter  of  such  original  company;  and  provided 
further,  that  such  new  company  shall  file  in  the  oflice  of 
the  secretary  of  State  a  certificate,  in  substance  setting 
forth  the  facts  required  by  §  6  of  article  1,  chapter  23, 
General  Statutes  of  1S68;  and  provided  further,  that  such 
new  company  shall  be  subject  to  all  the  obligations  to  the 
State  or  to  the  public  as  the  original  corporation;  and  pro- 
vided further,  that  such  reorganization  shall  in  no  wise 
affect  any  liability  against  the  old  corporation  existing  at 
the  time  of  the  organization  of  said  new  company. 

Sale  stayed  three  years.  §  7022.  In  all  cases  of  fore- 
closure of  mortgages  or  deed  of  trust  heretofore  executed 
(or  that  shall  hereafter  be  executed)  by  any  railway  com- 
pany organized  under  the  laws  of  this  State,  or  of  the 
Territory  of  Kansas,  upon  the  property  or  franchises  of 
such  company,  whether  the  same  shall  be  now  pending  or 
shall  be  hereafter  commenced,  no  sale  shall  take  place  at 
the  instance  of  the  trustee  named  in  said  mortgages  or 
deeds  of  trust  by  virtue  of  any  judgment,  decree  or  inter- 
locutory order  entered  therein,  until  after  the  expiration 
of  three  years  from  the  entry  or  docketing  thereof,  except 
as  hereinafter  provided. 

Petition  for  immediate  sale.  §  7023.  If  after  the  entry 
of  said  judgment,  decree  or  interlocutory  order  a  majority 
of  all  the  holders  in  amount  of  bonds  issued  in  pursuance 
of  the  terms  of  the  mortgage  or  deed  of  trust  by  virtue  of 
which  the  foreclosure  proceedings  are  had  and  the  judg- 
ment obtained  shall  petition  the  trustee  named  in  such 
mortgage  or  deed  of  trust  to  proceed  to  such  sale,  and  said 
trustee  shall  file  the  said  petition  with  the  clerk  of  the 
court  in  which  said  judgment,  decree  or  order  has  been 
entered  or  docketed,  the  complainant  in  such  suit  may  pro- 
ceed to  sell  the  property  and  franchises  covered  by  said 
mortgages  or  deeds  of  trust,  in  accordance  with  the  terms 
thereof  or  as  directed  by  the  court. 

Authenticating  authority  of  proxy.  §  7024.  In  case  any 
person  other  than  the  owner  of  said  bonds  shall  sign  such 
petition,  representing  himself  as  the  agent,  trustee  or 
proxy  of  said  owner,  his  authority  for  signing  the  same 
shall  be  in  writing  or  printed  and  executed  by  the  owner 
of  said  bonds,  and  be  duly  acknowledged  before  some 
notary  public,  and  shall  be  attested  by  the  signature  and 
oflBclal  seal  of  such  notary. 

Appointment  of  receiver.  §  7025.  If  at  the  time  of  the 
entry  of  such  judgment,  decree  or  order  no  receiver  shall 
have  been  appointed  by  the  court  in  which  the  suit  is  pend- 
ing, it  shall  be  the  duty  of  the  court  to  appoint  a  receiver 
to  take  charge  of,  manage,  control  and  operate  the  prop- 
erty of  said  railway  company,  who  shall  be  subject  to  the 
order  of  the  court,  and  possess  and  exercise  all  the  powers 
and  duties  of  receivers  generally,  together  with  such  spe- 
cial powers  and  duties  as  the  said  court  shall  delegate  to 
him.  If  at  the  time  of  the  entry  of  such. judgment,  decree 
or  order,  a  receiver  shall  have  been  heretofore  appointed, 
the  court  may  continue  him  as  such  receiver,  with  all  the 
powers  and  duties  as  hereinbefore  indicated. 

Sale  made  otherwise  void.  §  7026.  Any  sale  made  con- 
trary to  the  provisions  of  this  Act  shall  be  absolutely  void, 
and  shall  convey  no  title  or  interest  whatever  to  any  pur- 
chaser. 

RAILROAD  AID  BONDS. 

Petition  and  election.  §  7027.  Section  7027  of  the  Gen- 
eral Statutes  of  1909  is  hereby  amended  so  as  to  read  as  fol- 
lows: §7027.  Whenever  two-fifths  of  the  resident  taxpayers 
of  any  county,  or  two-fifths  of  the  resident  taxpayers  of  any 
municipal  township,  shall  petition  in  writing  to  the  board 
of  county  commissioners,  or  whenever  two-fifths  of  the  resi- 
dent taxpayers  of  any  incorporated  city  shall  petition  the 
mayor  and  council  of  such  city  to  submit  to  the  qualified 
voters  of  such  county,  township  or  city  a  proposition  to 
subscribe  to  the  capital  stock  of  any  company  constructing 
or  proposing  to  construct  a  railroad  operated  by  steam, 
electric  or  other  power,  through  or  into  such  county,  town- 


ship or  city,  and  exchange  therefor  the  bonds  of  sucl 
county,  township  or  city,  the  county  commissioners  foi 
such  county  or  township  or  the  mayor  and  council  for  sucl 
city  shall  cause  an  election  to  be  held  to  determine  whethe: 
such  subscription  shall  be  made  and  such  bonds  issue) 
therefor;  provided,  no  county  shall  issue  under  the  provl 
sions  of  this  Act  more  than  $100,000,  and  no  township  shal 
issue  more  than  $15,000,  and  no  city  of  the  third  class  shal 
issue  more  than  $15,000,  and  in  no  case  shall  the  tola 
amount  of  county,  township  and  city  bonds  in  aid  of  an; 
such  railroad  company  exceed  $2,000  per  mile  for  (;aci 
mile  or  railroad  constructed  in  said  county;  provided,  tha 
counties  having  no  railway  mileage  within  their  boundarie 
may  vote  such  aid  not  to  exceed  $4,000  per  mile;  provided 
that  cities  of  the  second  or  third  class  may  vote  bonds  ii 
any  amount  not  to  exceed  2  per  centum  of  the  asse3se< 
valuation  of  the  city,  but  not  more  than  $15,000,  in  aid  o 
any  electric  road  running  into  or  through  such  city,  and  th( 
above  limitation  of  $2,000  per  mile  shall  not  apply  thei-eto 
and  such  limitations  shall  not  include  bonds  voted  for  th( 
securing  of  right  of  way  and  ground  for  depots  and  termi 
nal  facilities;  provided,  further,  that  subsequent  electioi 
for  any  of  the  purposes  provided  for  in  this  Act  shall  no 
be  held  until  after  the  expiration  of  six  months  from  th( 
date  of  the  last  preceding  election  held  for  such  purpose 
and  upon  a  petition  of  a  majority  of  the  legal  voter?  o 
such  county,  township  or  city;  provided  further,  that  an; 
township  in  any  county  in  this  State  within  which,  at  th( 
date  of  the  passage  of  this  Act,  the  roadbed  of  any  ail 
road  shall  be  already  graded,  and  in  the  judgment  of  thi 
township  board  of  such  township  it  shall  become  neces:;ar3 
in  order  to  complete  such  railroad  to  increase  the  am(un 
of  aid  rendered  such  railroad  company  by  such  township 
then  and  in  that  event  the  township  board  of  each  s  ucl 
township  is  hereby  authorized  to  recommend  and  the  b(  an 
of  county  commissioners  under  the  provisions  of  this  Ac 
to  cause  an  election  to  be  held  to  determine  whether  i  ucl 
additional  aid,  subscription  or  loan  shall  be  made,  and  (  acl 
such  township  shall  be  allowed  to  issue  bonds  not  to  exc  ee( 
$40,000;  and  in  no  case  shall  the  total  amount  of  such  aic 
to  any  such  railroad  company  exceed  $5,000  per  mile  foi 
each  mile  of  railroad  constructed  in  said  township;  )ro 
vided  further,  that  a  second  election  for  the  same  pur]  08« 
shall  not  be  held  unless  upon  a  petition  of  a  majorit;  ol 
the  legal  voters  of  such  county,  township  or  city. 

Rights  preserved  under  laws  repealed.  §  7028.  Sec  ioi 
1,  of  chapter  142,  laws  of  1877,  being  amendatorj  ol 
chapter  107,  laws  of  1876,  and  chapter  90,  laws  of  1S70 
chapter  133,  laws  of  1879,  and  chapter  106,  laws  of  1  ^76 
and  section  1,  chapter  142,  sessions  laws  of  1877,  ar« 
hereby  repealed;  provided,  nothing  herein  contained  e  lal' 
be  construed  to  impair  any  rights  accrued  under  the 
Acts  hereby  repealed;  provided,  that  nothing  in  his 
Act  shall  affect  any  aid  voted  or  election  pending  a 
prior   to   the   time   when   this   Act  goes   into   effect. 

Bond  to  pay  election  expenses.  §  7029.  That  befoW 
election  shall  be  called  in  any  county,  township  or  citj 
under  the  provisions  of  this  or  any  similar  law  of  this 
state  to  vote  aid,  to  subscribe  to  the  capital  stock  oi 
issue  bonds  to  any  railroad  company  proposing  to  ;on' 
struct  a  railroad  into  or  through  any  such  county,  t(  wn- 
ship  or  city,  a  sum  sufficient  in  the  judgment  of  the 
county  commissioners  to  secure  and  pay  the  expense ;  ol 
such  election  shall  be  deposited  with  or  secured  to  r  uch 
county  commissioners  by  the  railroad  company  soight 
to  be  benefited  by  such  vote  and  election,  which  !  um, 
or  so  much  thereof  as  shall  be  necessary,  shall  be  . 
plied   to  pay   the   expense  of   such  election.  j  I 

Question  must  6e  submitted.  §7030.  Before  such' 
scription  or  loan  shall  be  made,  the  question  shall  first 
be  submitted  to  the  qualified  electors  of  such  covnty, 
township  or  city,  as  provided  in  section  1  of  this  Act, 
at  a  special  or  general  election  as  the  same  shal  be 
specified  in  the  petition;  which  petition  shall  also  des- 
ignate the  railroad  company  and  the  amount  of  stock 
proposed  to  be  taken,  or  the  amount  for  which  it  is 
proposed  to  loan  the  credit  of  such  county,  township 
or  city,  and  the  terms  of  payment,  together  with  the 
conditions  upon  which  it  is  proposed  to  make  such  sub- 
scription or  loan,  and  the  form  of  the  ballots  to  be  used 
at  such   election  for  and  against  such   proposition. 

Order  for  election.     §  7031.    The  county  commissioners 
for   such   county   or  township,  or  the   mayor  and   council 


;  uiu, 


Public  Service  Laws 


569 


for  such  city,  uiion  the  presentation  of  the  foregoing 
petition  and  such  other  conditions  as  may  be  deemed 
advisable  by  the  authority  ordering  such  election  to  the 
chairman  of  the  board  or  to  the  mayor  of  the  city, 
shall  convene  and  make  an  order,  vfhich  order  shall 
embrace  the  terms  and  conditions  set  forth  in  the  peti- 
tion and  shall  fix  the  time  for  holding  such  election, 
■which  shall  be  within  sixty  days  from  the  day  on  which 
the  commissioners  or  the  members  of  the  council  shall 
be  convened. 

Election  notice  and  returns.     §  7032.     Thirty  days'  no- 
tice of   such   election   shall  be   given  in   some  newspaper 
published  or  having  a  general  circulation  in  such  county, 
township  or  city,  and  the  election  shall  be  held  and  the 
■    returns    made    and    the    result    ascertained    in    the    same 
j    manner  as  provided  by  law  for  general  elections. 
[         Order  for  issuance  of  bonds.     §  7033.    If  a  majority  of 
'    the   qualified   electors   voting  at   such   election   shall  vote 
i    for   such   subscription  or  loan,  the  board  of  county  com- 
[    missioners  for  and  on  behalf  of  such  county  or  township, 
I    or   the    mayor    and    countcil    for    and   on   behalf    of   such 
city,    shall    order   the    county   or   city   clerk,    as   the   case 
may  be,  to  make  such  subscription  or  loan  in  the  name 
of   such    county,    township   or   city   and   shall   cause    such 
bonds,  with  coupons  attached,  as  may  be  required  by  the 
terms   of   said   proposition,   to   be   issued   in   the   name   of 
Buch  county,  township  or  city;   which  bonds,  when  issued 
i    for    such    county    or    township,    shall    be    signed    by    the 
I    chairman   of  the   board  of  county   commissioners   and  at- 
I    tested  by  the  county  clerk,  under  the  seal  of  such  county, 
i    and    when    issued   for   such    city   shall   be   signed    by   the 
I    mayor    and    attested    by    the    city    clerk,    under    the    seal 
of    said    city;    provided,    no    such    bonds    shall    be    issued 
;    until    the   railroad    to   which   the   subscription   or   loan   is 
!    proposed   to   be   made   shall    be   completed   and   in   oper- 
ation  through   the   county,   township   or   city   voting   such 
bonds,    or    to    such    point    in    such    county,    township    or 
city  as   may  be   specified  in  the  proposition   set  forth   in 
'    the    petition    required    in    the    first    section    of    this    Act. 
Tax  to  pay  interest  and  bonds.     §  7034.    Whenever  any 
'    bonds    shall    be    issued    in    pursuance    of    the    foregoing 
I    provisions,   it   shall   be   the   duty   of  the   board  of   county 
commissioners    or   the   mayor   and    council    of    the    city 
,   to  levy  and  collect  annually,  in  addition  to  other  taxes, 
I    a,    tax    on    all    taxable    property    in    such    county,    town- 
I    ship  or  city,  sufficient  to  pay  the  interest  on  such  bonds 
as   the   same  shall   become   due   and   to   create   a   sinking 
fund  sufficient  to  pay  said   bonds  at  maturity;    and   such 
!    tax   shall   be   collected   as   other   taxes   are   collected   and 
i    paid  out  by  the  treasurer  on  presentation  of  the  coupons 
'    or  bonds   when   due   at  the   treasurer's   office,  or   at  such 
I    place   as   may  be   specified  in  the  petition  or  proposition 
!    herein    mentioned. 

Sinking  fund  used  to  buy  bonds.  §  7035.  When  any 
I  sum  of  the  foregoing  taxes  collected  for  interest  or  sink- 
,  Ing  fund  shall  remain  in  the  hands  of  the  treasurer  after 
;  paying  all  the  interest  due,  the  board  of  county  com- 
i  missioners  for  such  county  or  township,  or  the  mayor 
;  and  council  for  such  city,  shall  cause  the  treasurer 
to  buy  up  the  bonds  at  their  market  value,  not  exceed- 
I    ing  par. 

Stock  to  be  issued  for  bonds.     §  7036.     Before  any  rail- 

i  road    company    shall    be    entitled    to    receive    any    bonds 

'  Issued   in   pursuance   of   the   foregoing   provisions   for  the 

'  stock    of    such    company,    said    company    shall    deliver   to 

'  the    treasurer    of    such    county,    township    or    city,    stock 

i  in  their  said  road  equal  in  amount  with  the  ^onds  author- 

j  Ized  to   be   issued,   dollar  for   dollar. 

Mortgage  to  secure  loan.     §  7037.     Before  any  bonds  in 

'    the  nature  of  a  loan,  issued  under  the  provisions  of  this 

Act,    shall    be    delivered    to    any    railroad    company,    said 

company    shall    execute    under    their    corporate    seal    and 

deliver  to  the  treasurer  of  such  county,  for  such  county 

'    or   township,    or   to    the    treasurer   of    such    city,    a    first- 

;    mortgage    bond    on    such    portion    of    their    roadbed,    in- 

!    eluding  right   of  way,   rolling  stock,  depots,  water  tanks, 

,    tools    and    implements    and    all    other    property    used    in 

i    operating    their    said    road,    as    may    be    specified    in    the 

'    proposition    voted    upon    at    the    election    ordered    to    be 

held   as    aforesaid,   which    mortgage   bond   shall    be   equal 

,    in  amount,  less  20  per  cent,  with  bonds  of  such  county, 

'    township    or    city,    and    shall    have    interest    coupons    at- 


tached; the  principal  of  such  mortgage  bond  to  be- 
come due  at  the  time  fixed  for  the  payment  of  the  prin- 
cipal of  the  bonds  of  such  county,  township  or  city,  with 
interest  at  the  rate  specified  in  the  bonds  of  such 
county,  township  or  city,  payable  annually  from  the  date 
when  such  interest  begins  to  accrue,  which  shall  not 
be  more  than  three  years  from  the  date  of  said  first- 
mortgage  bonds;  and  said  first-mortgage  bonds  shall  be 
a  first  lien  on  all  the  property  therein  mentioned,  and  ' 
may  be  foreclosed  in  default  of  payment  of  interest 
or  principal  as  the  same  may  become  due,  in  the  same 
manner  as  provided  by  law  for  the  foreclosure  of  other 
mortgages,  and  the  mortgage  property  sold  to  satisfy 
the  judgment  obtained. 

Application  of  tax  on  railroads.  §  7038.  All  the  county, 
township  and  city  taxes  levied  upon  the  property  of 
and  collected  from  any  company  to  which  aid  shall  be 
extended  under  the  provisions  of  this  Act,  within  such 
county,  township  or  city,  shall  be  set  apart  for  and 
applied  exclusively  to  the  payment  of  the  coupons,  and  to 
provide  a  sinking  fund  for  the  payment  at  maturity  of  the 
principal  of  the  bonds  issued  by  such  county,  township 
or  city  in  aid  of  such  railroad  company,  until  the  same 
shall  be  fully  paid;  and  where  any  county,  township 
or  city  has  extended  aid  in  the  nature  of  a  loan  to  any 
railroad  company,  the  first-mortgage  bonds  received  by 
such  county,  township  or  city  under  the  provisions  of 
this  Act,  together  with  the  Interest  thereon  and  the 
proceeds  of  the  principal  thereof  if  sold,  shall  be  ap- 
plied exclusively  to  the  payment  of  the  coupons  and 
bonds  issued  by  such  county,  township  or  city  in  aid 
of  such  company;  provided,  that  where  two  or  more 
townships  in  a  county  shall  extend  aid  to  any  railroad 
company  under  the  provisions  of  this  Act,  the  taxes 
collected  from  such  company  in  such  county  shall  be 
divided  and  applied  between  such  townships  in  propor- 
tion to  the  amount  of  aid  rendered  by  them  respectively, 
but  no  greater  amount  of  taxes  shall  be  levied  upon  the 
taxable  property  of  any  county,  township  or  city  extend- 
ing aid  under  the  provisions  of  this  Act  to  any  railroad 
company  than  shall  be  necessary,  with  the  amount  of 
taxes  collected  from  such  railroad  company  upon  its 
property  in  such  county,  township  or  city,  and  the  in- 
terest collected  from  the  first-mortgage  bonds,  to  meet 
the  interest  and  provide  a  sinking  fund  for  the  pay- 
ment of  the  principal  of  the  bonds  of  such  county, 
township   or   city. 

Payment  of  debt  in  one  year.  §  7039.  That  in  case  the 
petition  mentioned  in  section  2  of  this  Act  shall  so  re- 
request,  a  part  or  all  of  the  subscription  or  loan  in  such 
petition  prayed  for  may  be  made  payable  out  of  the  next 
succeeding  tax  levy  for  such  county,  city  or  to*nship; 
and  so  much  of  such  subscription  or  loan  as  shall  by 
the  terms  of  such  petition  and  the  order  for  election 
thereon  based,  be  so  payable  out  of  the  next  succeed- 
ing tax  levy,  shall  be  payable  on  warrants  drawn  in 
the  usual  manner,  which  shall  be  negotiable  and  draw 
interest  from  their  date,  and  the  proper  authorities  shall 
at  the  proper  time  levy  a  tax  sufl5cient  to  take  up 
such  warrants;  and  the  limitation  provided  in  the  first 
section  of  this  Act  shall  not  apply  to  counties  or  town- 
ships which  may  vote  to  pay  all  the  subscription  or 
loan  proposed  to  be  made  out  of  the  tax  levy  next  suc- 
ceeding such  vote. 

Transfer  of  mortgage  given  county.  §  7040.  The  mort- 
gage bond  of  any  railroad  company  executed  in  favor 
of  any  county,  township  or  city  in  pursuance  of  the  pro- 
visions of  this  Act  may  be  sold,  assigned  or  discharged 
by  the  proper  authorities  of  such  county,  township  or 
city;  provided,  that  such  railroad  company  or  other 
party,  in  consideration  therefor,  shall  first  deliver  to 
the  authorities  aforesaid  the  bonds  of  sueh  county, 
township  or  city,  as  the  case  may  be,  equal  in  amount, 
dollar  for  dollar,  with  the  mortgage  bond  so  sold, 
assigned  or  discharged;  but  in  no  event  shall  such 
county,  township  or  city  authorities  be  held  liable  as 
guarantors  or  assignors  of  any  such  first-mortgage  bonds 
so  sold,  assigned  or  discharged. 

Time  for  payment  and  amount  of  bond.  §  7041.  The 
principal  of  the  bonds  of  such  county,  township  or  city 
shall  be  made  payable  at  any  time  that  may  be  fixed 
in    the    proposition    voted    upon,    not    exceeding    30    years 


570 


National  Association  of  Railway  Commissioners 


from  their  date;  and  may  be  issued  in  sums  of  not  less 
than   $100   or   more   than   $1,000. 

Registration  and  payment  of  bonds.  §  7042.  All  bonds 
Issued  under  the  provisions  of  this  Act  shall  be  made 
payable  at  the  fiscal  agency  of  the  State  of  Kansas 
in  New  York  and  shall  be  registered  in  the  office  of 
the  auditor  of  the  State  of  Kansas;  and  to  the  said 
bonds  shall  be  attached  coupons  for  annual  installments 
of  the  principal  and  the  interest  accruing  from  time  to 
time  by  the  terms  of  said  bonds,  which  shall  be  re- 
ceivable as  they  shall  become  due  for  taxes  due  the 
county,  township  or  city  issuing  such  bonds,  which  were 
levied  to  pay  the  interest  and  installments  on  such 
bonds. 

Bond  to  he  issued  under  one  law.  §  7043.  That  §  8  of 
chapter  39  of  the  laws  of  1874,  and  all  Acts  and  parts 
of  Acts  in  conflict  with  this  Act  are  hereby  repealed. 
But  no  county,  township  or  city  shall  be  entitled  to 
vote  bonds  under  the  provisions  of  this  Act  that  may 
have  voted  bonds  under  the  provisions  of  any  other 
Act  passed  at  the  present  session  of  the  legislature; 
and  no  county,  township  or  city  voting  bonds  under 
the  provisions  of  this  Act  shall  be  entitled  to  vote 
bonds  under  any  other  Act  passed  at  the  present  session 
of  the  legislature. 

Township  sinking  fund.  §  9627.  It  shall  be  the  duty  of 
the  township  trustees,  clerk  and  treasurer,  when  in  ses- 
sion as  an  auditing  board  of  the  several  municipal  town- 
ships of  the  State  of  Kansas,  on  the  last  Saturday  of 
July  of  each  year,  to  levy  a  tax  sufficient  to  pay  off 
the  interest  as  it  matures  on  all  bonds  issued  by  such 
township  prior  to  the  1st  day  of  January,  1874,  for 
the  purpose  of  aiding  in  the  construction  of  any  rail- 
road, and  also  a  tax  sufficient  to  provide  a  sinking 
fund  for  the  final  redemption  of  such  bonds,  and  also 
to  pay  any  judgment  theretofore  rendered  for  either  in- 
terest or  principal  of  any  such  bonds;  and  they  shall 
certify  the  per  cent  of  such  levy  to  the  county  clerk  of 
their  county  within  10  days  thereafter,  who  shall  place 
it  upon  the  tax  roll  of  that  year;  and  the  county  treas- 
urer shall  collect  the  same  as  other  taxes  are  col- 
lected, and  shall  use  the  same  in  liquidating  coupons 
and  bonds  of  such  townships  as  they  mature;  provided, 
that  no  levy  for  a  sinlting  fund  shall  be  made  until 
the  expiration  of  one-half  of  the  time  for  which  such 
bonds  are  to  run;  and  said  sinking  fund  when  collected 
shall  be  held  by  the  county  treasurer  for  such  town- 
ship, and  shall  be  by  him  used  in  liquidating  the  out- 
standing bonds  of  such  townships  at  not  exceeding  the 
par  value;  and  if  the  money  cannot  be  so  used,  he 
may  invest  the  same  in  bonds  of  the  United  States,  or 
of  the  State  of  Kansas,  or  any  municipal  corporation 
of  this  State,  purchased  at  the  lowest  market  price, 
with  the  approval  and  concurrence  of  the  judge  of  the 
District  Court  of  the  district  in  which  such  township 
is  situated;  and  provided  further,  that  this  Act  shall 
not  be  construed  to  affect  in  any  way  any  of  the  pro- 
visions of  any  of  the  funding  laws  of  this  State,  or 
any   bonds  issued   under  the  provisions  thereof. 

STOCK  IN  RAILROADS. 

Who  may  sell.  §  7044.  That  §  7044  of  the  general  stat- 
utes of  the  State  of  Kansas  of  1909  is  hereby  amended 
to  read  as  follows:  §  7044.  That  the  board  of  county 
commissioners  of  any  county,  the  mayor  and  city  coun- 
cil of  any  city  and  the  trustee,  clerk  and  treasurer  of 
any  township  in  this  State  that  has  heretofore  sub- 
scribed or  shall  hereafter  subscribe  or  be  entitled  to  the 
capital  stock  of  any  railroad  or  other  company  or  cor- 
poration in  this  State,  and  that  has  issued  or  shall  issue 
the  bonds  of  such  county,  city  or  township  in  payment 
for  such  stock,  and  has  received  or  shall  receive  or  be 
entitled  to  receive  from  said  railroad  or  other  company 
or  corporation  certificates  or  other  evidences  of  owner- 
ship by  such  county,  city  or  township  in  or  to  the  capital 
stock  of  such  railroad  or  other  company  or  corporation, 
are  hereby  authorized  to  sell  said  stock,  or  any  part 
thereof  or  right  thereto,  on  such  terms  and  conditions 
as  they  may  deem  for  the  best  interest  of  such  county, 
city  or  township;  and  apply  the  proceeds  of  such  sale  to 
the  payment  or  purchase  of  the  outstanding  bonds  of  such 
county,  city  or  township,  and  such  sale  of  stock  or  right 
thereto  shall  transfer  and  convey  to  the  purchaser  thereof 


all  the  right,  title,  claim  and  interest  of  such  county,  city 
or  township  in  and  to  such  stock;  also  all  claims  and 
rights  of  such  county,  city  or  township,  whether  of  divi- 
dends qr  otherwise,  and  all  rights  then  existing  or 
thereafter  arising  or  accruing  in  behalf  of  such  county, 
city  or  township  by  virtue  of  its  previous  ownership  ot 
or  right  to  such  stock;  provided,  that  when  such  stock 
shall  have  been  held  for  or  the  right  thereto  acquired 
within  a  period  of  less  than  10  years  prior  to  such 
proposed  sale  by  such  county,  city  or  township,  or  within 
such  period  a  dividend  thereon  shall  have  been  paid  to 
or  received  by  such  county,  city  or  township,  then 
such  stock,  or  the  right  thereto,  shall  not  be  sold  unless 
authorized  by  a  two-thirds  vote  of  the  legal  voters  of 
such  county,  city  or  township  at  some  general  or  spe- 
cial election,  to  be  ordered  by  the  board  of  county  com- 
missioners of  such  county,  the  mayor  and  council  ot  such 
city,  or  the  trustee,  clerk  and  treasurer  ot  such  town- 
ship; which  election  shall  be  held,  the  returns  thereof 
made  and  the  result  declared  in  the  same  manner  as  pro- 
vided by  the  general  election  laws  of  the  State,  as  far 
as  the  same  are  applicable;  and  the  price  at  wliich 
such  stock  shall  be  sold  shall  be  also  submitted  at  i;aid 
election;  provided  further,  that  a  subsequent  election, 
embracing  the  same  subject  matter,  shall  not  be  called 
until  after  the  expiration  of  six  months  from  date  of 
last  previous  election. 

Disposition  of  proceeds  of  sale.     §  7045.     If  the  stocl: 
the   county   is   sold   for   cash,   the   proceeds   of   such   ■.: 
shall   be    paid    into    the    county    treasury,    and    the   tr ; 
urer's    receipt    for    the    amount    shall    be    filed    by 
purchaser  with   the  county  clerk. 

BONDS   AND   PAYMENT   THEREOF    ISSUED   BY 
ROW-GAUGE  RAILROAD  COMPANY. 

§  7046.  That  any  railroad  company  duly  organ! 
under  the  laws  of  this  State  for  the  purpose  of  build 
a  narrow-gauge  railroad  shall  be  authorized  to  is 
bonds  to  the  amount  of  $10,000  per  mile;  $6,000 
mile  to  be  a  first-mortgage  bond  and  $4,000  per  .r 
to  be  a  second-mortgage  bond.  The  first-mortgage  bo 
to  run  not  over  30  years  and  the  second-mortgage  bo 
not  exceeding  25  years  and  bearing  interest  at  the  i 
of  7  per  cent,  payable  semi-annually.  The  second-m 
gage  bonds  to  draw  no  interest  for  three  years  a 
their  date;  provided,  that  before  any  bonds  are  iss 
under  this  section,  there  shall  be  subscribed  and  i 
into  the  treasury  of  such  railroad  company,  in  ci 
on  the  capital  stock  of  such  company,  the  sum  of  } 
per  mile;  and  provided  further,  that  any  railroad  c 
pany  issuing  such  second-mortgage  bonds  shall,  in 
third  year  after  the  (late  of  such  bonds,  and  in  ev 
year  thereafter,  until  such  bonds  are  all  paid,  set  as 
at  least  2  per  cent  of  the  amount  of  said  second-m 
gage  bonds  of  such  road  as  a  sinking  fund  for  the  i 
pose  of  paying  and  discharging  such  second-mortg 
bonds  when  the  same  shall  become  due  and  payal 
and  such  sinking  fund  shall  not  be  used  or  invested 
any   other   purpose. 


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BONDS  TO  AID  NARROW-GAUGE  RAILROAD.  7047,  7'48. 
Amount  that  may  6e  issued.  §  7047.  Any  county,  to  xn- 
ship  or  city  in  this  State  may  issue  its  bonds  to  aid  in 
the  construction  of  a  narrow-gauge  road  to  the  extent 
of  $4,000  per  mile;  such  bonds  to  run  not  exceecing 
25  years,  and  to  draw  interest  at  7  per  cent,  and  i  lay. 
exchange  stich  bonds  for  the  same  amount  of  the  ;e<> 
ond-mortgage  bonds  of  any  such  railroad  company  )  un- 
ning  into  or  through  any  county,  or  into  or  through  injr 
township  or  city,  or  within  five  miles  of  any  such  town- 
ship or  city;  provided,  that  such  bonds  shall  not  be  so 
issued  and  exchanged  until  the  same  shall  be  autlior- 
ized  by  a  majority  of  the  votes  cast  at  some  general 
or  special  election  perviously  held  for  the  purpose  of 
voting  on  such  proposition;  and  provided  further,  that 
the  bonds  of  any  county,  township  or  city  authorized 
under  this  section  may  be  issued  and  placed  in  escrow, 
to  be  delivered  as  fast  as  each  section  of  10  miles  of 
any  such  road  within  any  such  county  or  township  shall 
be  built,  and  the  iron  put  on  for  use,  and  no  soorier; 
and  at  the  same  time  the  same  amount  of  the  second- 
mortgage    bonds    of    such    railroad    company    shall    like- 


PuTSLic  Service  Laws 


571 


wise    be    placed    in    escrow,    to    be    exchanged    for    said 
county,  township  or  city  bonds,  as  herein  provided. 

Act  not  to  modify  other  laws.  §  7048.  This  act  sliall 
not  be  construed  as  repealing  or  changing  any  pro- 
vision o(  any  law  of  the  State  of  Kansas  authorizing 
counties,  townships,  cities  or  municipal  corporations  to 
issue  bonds  to  aid  in  building  railroads. 

BONDS  FOR  DEPOT,  TERMINALS,  ETC. 

In  cities  first  or  second  class.  §  7049.  When  a  petition 
in  writing,  signed  by  at  least  two-fltths  of  the  resident 
taxpayers  of  any  incorporated  city  of  the  first  or  second 
class,  shall  be  presented  to  the  mayor  and  council  of 
such  city,  asking  that  a  vote  be  taken  and  an  election 
held  upon  the  question  of  aiding  any  railroad  company, 
whether  operated  by  steam,  electricity  or  other  motive 
power,  constructing  or  proposing  to  construct  its  line 
of  railroad  in  or  through  said  city,  in  securing  or  pay- 
ing for  land  for  right  of  way,  depot  grounds  and  ter- 
minal facilities,  the  mayor  and  council  of  such  city  shall 
cause  an  election  to  be  held  to  determine  whether  such 
city  shall  aid  such  railroad  company  in  securing  and 
paying  for  lands  for  the  right  of  way,  depot  grounds 
and  terminal  facilities;  provided,  that  no  city  of  the 
first  class  shall  extend  aid  under  this  Act  to  any  rail- 
road company  to  a  greater  amount  than  $30,000,  and 
no  city  of  the  second  class  shall  extend  aid  under  this 
Act  to  any  railroad  company  to  a  greater  amount  than 
$20,000;  provided,  that  aid  shall  not  be  extended  to  any 
railroad  under  this  Act  which  has  received  aid  from  the 
same  city  under  any  former  Act. 

Petition  and  election.  §  7050.  Before  such  aid  shall  be 
extended,  the  question  shall  first  be  submitted  to  the 
qualified  electors  of  such  city,  as  provided  in  section  1 
of  this  Act,  at  a  general  or  special  election,  as  the  same 
shall  be  specified  in  the  petition,  which  petition  shall 
also  designate  the  railroad  company  and  the  amount 
for  which  aid  is  proposed  to  be  extended  by  such  city, 
together  with  the  conditions  upon  which  it  is  proposed 
to  extend  such  aid,  and  the  form  of  ballots  to  be  used 
at  such  election  for  and  against  such  proposition. 

Order  for  election.  §  7051.  The  mayor  and  council  for 
such  city,  upon  the  presentation  of  the  foregoing  peti- 
tion, shall  convene  and  make  an  order  providing  for  the 
holding  of  an  election,  as  prayed  for  in  said  petition, 
which  election  shall  be  held  within  30  days  of  the 
time   of   making  such   order. 

Notice  of  election.  §  7052.  Notice  of  such  election  shall 
be  given  for  at  least  three  consecutive  weeks  by  pub- 
lication in  some  newspaper  published  or  having  a  gen- 
eral circulation  in  such  city,  and  the  election  shall  be 
held,  the  returns  made  and  the  result  ascertained  in 
the  same  manner  as  provided  by  law  for  general 
elections. 

When  bonds  to  lie  issued.  §  7053.  If  a  majority  of  the 
qualified  electors  voting  at  such  election  shall  vote  for  ex- 
tending such  aid,  the  mayor  and  council,  for  and  in  behalf 
of  such  city,  shall  cause  the  bonds  of  such  city,  to  the 
amount  specified  in  such  petition,  to  be  issued  and  deliv- 
ered to  such  railroad  company.  Such  bonds,  if  issued  for 
such  city,  shall  be  signed  by  the  mayor  and  attested  by 
the  city  clerk,  under  the  seal  of  such  city.  Such  bonds 
shall  be  payable  at  the  fiscal  agency  of  the  State  of 
Kansas,  in  not  less  than  10  nor  more  than  30  years  from 
the  date  of  their  issue;  they  shall  bear  interest  at  a  rate 
not  exceeding  6  per  cent  per  annum,  the  same  to  be  paid 
semiannually,  the  interest  thereon  to  be  evidenced  by 
coupons  thereto  attached,  the  same  to  be  paid  at  the  fiscal 
agency  aforesaid;  provided,  that  no  such  bonds  shall  be 
issued  until  the  railroad  to  which  it  is  proposed  to  extend 
aid  for  the  purposes  hereinbefore  indicated  shall  be  com- 
pleted and  in  operation  through  the  city  voting  in  favor  of 
such  aid  and  the  issuance  of  such  bonds,  or  to,  from  or  be- 
tween such  points  in  such  city  as  may  be  specified  in  the 
proposition  set  forth  in  the  petition  required  by  this  Act. 

Tax  to  pay  ionds  and  interest.  §  7054.  Whenever  such 
bends  shall  be  issued  in  pursuance  of  the  foregoing  provi- 
sions, it  shall  be  the  duty  of  the  mayor  and  the  council  of 
the  city  to  levy  and  collect  annually,  in  addition  to  other 
taxes,  a  tax  on  all  taxable  property  in  such  city  sufficient 
to  pay  the  interest  on  such  bonds  as  the  same  shall  become 


due,  and  to  create  a  sinking  fund  sufiicient  to  pay  such 
bonds  at  maturity.  Such  taxes  shall  be  collected  and  paid 
on  presentation  of  coupons  or  bonds  when  due,  at  the  fiscal 
agency  aforesaid. 

BONDS  FOR  ADDITIONAL  TERMINAL  FACILITIES 
AND  SHOPS. 

Who  may  issue,  and  amount.  §  7055.  Any  city  of  the 
first  class  having  a  population  of  over  30,000  is  hereby 
authorized  to  issue  the  bonds  of  such  city  to  an  amount  not 
exceeding  one  per  cent  of  the  taxable  property  of  said  city, 
as  determined  by  the  assessment  books  of  the  preceding 
year,  to  aid  any  railroad  corporation  having  a  railroad  con- 
structed into  or  through  such  city  in  securing  and  pay- 
ing for  lands  for  additional  tsrminal  facilities  and  shops, 
such  bonds  to  run  not  less  than  10  nor  more  than  30  years; 
to  bear  interest  at  not  to  exceed  six  per  cent  per  annum, 
payable  semiannually. 

The  election.  §  7056.  Before  such  aid  shall  be  extended 
and  such  bonds  isoued,  the  preposition  shall  first  be  sub- 
mitted by  the  mayor  and  council  to  the  qualified  electors 
of  such  city,  at  a  general  or  special  election.  The  mayor 
shall  by  proclamation  give  notice  of  such  election,  stating 
the  amount  and  purpose  for  which  bonds  are  proposed  to 
be  issued,  the  name  of  the  railroad  corporation  to  be  aided, 
the  time  of  the  maturity  of  the  bonds,  and  the  places  where 
the  election  will  be  held.  Such  proclamation  shall  be 
issued  and  publication  thereof  made  in  some  daily  news- 
paper published  and  having  a  general  circulation  in  the 
city  at  least  10  days  before  the  day  when  the  election  is 
held.  Such  election  shall  be  held,  the  returns  thereof 
made  and  the  result  declared  in  the  same  manner  as  pro- 
vided by  the  general  election  laws  of  the  State  so  far  as  the 
same  are  applicable;  provided,  that  in  case  of  a  special 
election,  before  such  election,  shall  be  called  there  shall  be 
paid  into  the  city  treasury  by  the  company  to  be  aided  a 
sum  of  money  suflScient  to  defray  the  probable  costs 
hereof. 

Issuing  the  bonds.  §  7057.  If  the  majority  of  the  votes 
cast  upon  such  proposition  be  in  favor  of  the  issuing  of 
such  bonds,  the  mayor  and  council  shall  cause  the  bonds 
of  said  city  to  be  issued,  to  an  amount  not  exceeding  that 
specified  in  the  proclamation  of  the  mayor.  Such  bonds 
shall  be  signed  by  the  mayor,  and  attested  by  the  city  clerk 
under  the  seal  of  the  city,  and  shall  be  made  payable  at 
the  fiscal  agency  of  the  State  of  Kansas  in  the  city  of  New 
York. 

TAX  ON  RAILROADS   IN  GRANT  AND   OTHER  COUN- 
TIES. 

§  7058.  That  the  first  railroad  which  shall  be  con- 
structed in  Grant,  Stanton,  Stevens  and  Morton  counties, 
and  former  de  facto  county  of  Garfield,  or  either  of  said 
counties,  shall  be  exempt  from  taxation  on  all  its  property 
located  in  such  counties,  including  right  of  way,  for  a 
period  of  seven  years  from  ihe  day  when  such  railroad  is 
completed;  provided,  that  this  exemption  shall  not  inure 
to  the  benefit  of  any  railroad  unless  the  same  is  con- 
structed and  in  operation  before  December  25,  1909;  pro- 
vided, that  no  railroad  shall  get  the  benefit  of  this  Act  in 
Stevens  county,  unless  its  line  of  road  comes  within  one 
mile  of  Hugoton,  the  county  seat  of  Stevens  county,  and  no 
railroad  shall  get  the  benefit  of  this  Act  in  Morton  county, 
unless  its  line  of  road  comes  within  one  mile  of  Richfield, 
the  county  seat  of  Morton  county. 

BONDS    FOR    TERMINAL    FACILITIES    AND    WATER 
SUPPLY. 

Who  may  issue.  §  7059.  Any  township  in  this  State  is 
hereby  authorized  to  issue  bonds  of  such  township  to  an 
amount  not  to  exceed  10  per  cent  of  the  taxable  property  of 
said  township  as  determined  by  the  assessment  books  of 
the  preceding  year  to  aid  any  railroad  corporation  having  a 
railroad  constructed  in  or  through  such  township  in  secur- 
ing and  paying  for  lands  upon  which  to  erect  or  construct 
shops,  roundhouses,  or  other  terminal  facilities,  or  for 
securing  water  privileges  and  constructing  waterworks  and 
water  pipe  lines  needed  to  supply  water  for  such  shops, 
roundhouses  or  other  terminal  facilities.  Such  bonds  shall 
run  not  less  than  10  years  nor  more  than  30  years  and  bear 


Z72 


National  Association  of  Eailway  Commissionees 


interest  at  not  to  exceed  six  per  cent  per  annum,  payable 
semiannually. 

The  election,  proclamation,  notice.  §  7060.  Before  such 
aid  shall  be  extended  and  such  bonds  issued,  the  proposi- 
tion shall  first  be  submitted  by  the  township  board  of  such 
township  to  the  qualified  electors  of  such  township  at  a 
general  or  special  election.  Such  election  shall  be  called 
upon  petition  of  two-fifths  of  the  qualified  electors  of  such 
township.  The  trustee  of  such  township  shall  by  proclama- 
tion give  notice  of  such  election,  giving  the  amount  and 
purpose  for  which  bonds  are  proposed  to  be  issued,  the 
name  of  the  railroad  corporation  to  be  aided,  the  time  of 
maturity  of  the  bonds,  and  the  place  or  places  where  the 
election  will  be  held.  Such  proclamation  shall  be  issued 
and  publication  thereof  made  in  some  weekly  newspaper 
published  and  having  a  general  circulation  in  such  town- 
ship for  at  least  10  days  before  the  day  when  the  election 
Is  to  be  held,  and  at  least  two  publications  of  such  notice 
shall  be  made  in  such  newspaper.  Such  election  shall  be 
held  and  returns  thereof  made  and  the  result  declared  as 
provided  by  the  general  election  laws  of  the  State  so  far  as 
the  same  are  applicable. 

Issue  of  ionds.  §  7061.  If  the  majority  of  the  votes  cast 
•upon  such  proposition  be  in  favor  of  the  issuing  of  such 
Ijonds  the  township  board  shall  cause  the  bonds  of  such 
township  to  be  issued  to  an  amount  not  exceeding  that 
specified  in  the  proclamation  of  the  trustee.  Such  bonds 
shall  be  signed  by  the  trustee  and  attested  by  the  clerk 
of  the  township  issuing  the  same,  and  shall  be  made  pay- 
able at  the  fiscal  agency  of  the  State  of  Kansas  in  the  city 
of  New  York,  or  at  such  other  place  as  the  township  board 
shall  designate. 

Limit  on  amount.  §  7062.  No  bonds  shall  be  issued  un- 
der the  provisions  of  this  Act  to  an  amount  which  added  to 
all  the  other  outstanding  bonds  of  the  township  issuing 
the  same  shall  make  the  total  bonded  indebtedness  of  said 
township  more  than  20  per  cent  of  the  assessed  valuation 
of  such  township  as  shown  by  the  assessment  books  of  the 
preceding  year. 

AID  TO  ELECTRIC  ROADS. 

§  1.  It  shall  be  lawful  for  counties,  townships  and  cities 
to  vote  bonds  to  aid  in  the  construction  of  railroads  and 
Interurban  railway  lines  operated  by  electricity  or  other 
motive  power  to  the  satae  extent  and  in  the  same  manner 
and  under  the  same  restrictions  as  provided  by  law  for  the 
granting  of  aid  in  the  construction  of  railroads. 

REDEMPTION  OF  RAILROAD  BONDS. 

All  redeemable  after  ten  years.  §  7069.  All  bonds  here- 
after issued  by  boards  of  county  commissioners,  township 
boards,  or  by  the  authorities  of  incorporated  cities,  to  rail- 
road corporations,  shall  be  redeemable  at  the  pleasure  of 
the  board  of  county  commissioners,  or  authorities  issuing 
the  same,  at  any  time  after  10  years  from  the  date  of  their 
issue. 

Conditions  of  redemption.  §  7070.  It  shall  be  the  duty 
of  county,  township  or  city  treasurers,  when  there  are 
suflJcient  funds  in  his  hands  belonging  to  the  sinking 
lund  for  the  redemption  of  any  bonds,  immediately  to 
■call  in  and  pay  as  many  of  said  bonds  and  accrued  in- 
terest thereon  as  the  sinking  fund  on  hand  will  liqui- 
•date.  Such  bond  or  bonds  shall  be  paid  in  the  order 
of  their  number;  and  when  any  bonds  and  interest  are 
paid  under  the  provisions  of  this  Act,  it  shall  be  the 
duty  of  such  treasurer  to  certify  his  action  to  the  author- 
ities having  issued  such  bonds,  who  shall  cancel  the 
same,  so  that  they  can  be  plainly  identified,  and  cause 
a  record  to  be  made  of  the  same;  and  when  it  is  de- 
sired to  redeem  any  of  such  bonds,  the  county,  town- 
ship or  city  treasurer  shall  cause  to  be  published  for 
six  consecutive  issues  in  the  official  state  paper  a 
notice  that  certain  bonds,  by  numbers  and  amounts,  of 
a  certain  county,  city  or  township,  will  be  paid  at  the 
place  where  payable,  and  at  the  expiration  of  30  days 
from  the  date  of  the  last  publication  such  bonds  shall 
■cease  to  bear  interest. 

Remitting  funds  to  pay  lands.  §  7071.  It  shall  be  the 
duty  of  the  county,  township  or  city  treasurer  having 
such  funds  in  his  hands  to  forward  to  the  place  at 
■which   the   bonds  to   be  redeemed  are  made  payable  suf- 


ficient funds  to  pay  such  bonds,  with  interest  thereon 
computed  to  the  date  to  which  said  bonds  are  to  bear 
interest,  such  funds  to  be  remitted  within  15  days 
from  the  last  publication  of  the  notice  provided  for  lit 
§  2   of  this  act. 

ENFORCING  CONTRACTS  OP  RAILROADS  FOR  BONDS 
VOTED. 

Contracts  and  promises  to  6e  complied  with.  %  7072. 
That  it  shall  be  the  duty  of  any  railroad  company  or 
companies  which  heretofore  have  received  aid  from  any 
ccunty,  township  or  city,  or  which  shall  hereafter  re- 
ceive such  aid  in  the  construction  of  the  road  of  such 
company  or  companies,  and  the  duty  of  any  and  all 
railroad  companies  composed  in  part  by  consolidation 
or  otherwise  of  such  company  or  companies  having  re- 
ceived such  aid,  to  maintain  and  operate  the  railroad  for 
which  such  aid  has  been  or  shall  be  extended,  in  the 
manner  and  with  all  the  business  facilities  and  with 
all  the  accommodations  for  the  business  and  traveling 
public  which  was  or  shall  be  promised  by  the  railroad 
company  or  companies  which  have  or  shall  receive  su3h 
aid,  as  a  consideration  in  whole  or  part  for  such  aid;  a)id 
every  railroad  company  which  shall  fail  or  refuse  to 
keep  and  perform  any  promise  or  contract  so  made  in 
consideration  of  or  in  order  to  induce  any  county,  town- 
ship or  city  to  extend  such  aid,  shall  be  liable  to  t'le 
penalties  provided  in  §  2  of  this  Act. 

Enforcing  contracts.  §  7073.  Every  railroad  company 
on  being  notified  by  the  chairman  of  any  board  of  county 
commissioners,  mayor  of  any  city,  or  trustee  of  any 
township  of  such  county,  township  or  city,  by  notice  "O 
be  served  as  provided  by  law  for  the  service  of  a 
summons  in  a  civil  action,  specifying  the  particul  ir 
thing  or  things  in  respect  to  which  such  railroad  co:q- 
pany  is  failing  to  perform  any  such  promise  or  agrc  e- 
ment,  and  demanding  the  performance  of  the  same,  shi  11 
within  30  days  from  that  time  comply  with  and  perform 
any  such  contract,  promise  or  agreement,  and  mainta  n 
and  operate  such  railroad  as  promised  or  agreed  n 
consideration  of  such  aid;  and  every  railroad  compai  y 
which  shall  fail  to  so  perform  its  contract  or  promi  e 
so  made,  or  the  contract  or  promise  of  the  railroad  cou- 
pany  which  by  consolidation  or  otherwise  has  becor  le 
identified  in  interest  with  it,  shall  for  every  such  failu  e 
forfeit  and  pay  a  penalty  of  not  less  than  25  per  ce  it 
in  value  of  the  amount  of  the  aid  so  extended  and  i  e- 
ceived,  and  for  every  30  days  thereafter  which  su'  h 
railroad  company  shall  so  fail  or  refuse  to  perform  sui  h 
promise  or  agreement,  such  company  shall  forfeit  ai  d 
pay  a  further  penalty  of  25  per  cent  of  the  amount  n 
value  of  aid  so  received;  such  penalties  to  be  collect' d 
in  the  name  of  the  board  of  county  commissioners  )I 
the  county  giving  such  aid,  or  in  which  such  townsh  p 
or  city  may  be,  in  a  civil  action  to  be  commenced  f  )r 
that  purpose  by  such  board  of  county  commissionei  s, 
and  to  be  paid,  when  collected,  into  the  common-scho  il 
fund  of  such  county. 

DURATION  AND  EXISTENCE  OF  CERTAIN  CORPOR  V- 
TIONS. 

S  7074.  Whereas,  doubts  have  arisen  as  to  the  term 
of  the  duration  and  existence  of  divers  railroad  corpoi  a- 
tions  chartered  by  those  special  Acts  of  the  legislatu:-e 
of  the  territory  of  Kansas  wherein  such  term  is  not 
specifically  fixed,  and  it  is  deemed  expedient  to  remo  'e 
such  doubts  by  appropriate  declaratory  legislation;  theie- 
fore 
Be  it  enacted  by  the  legislature  of  the  state  of  Kansas:  i 

The  term  and  duration  and  existence  of  any  railr^ 
corporation  organized  under  and  by  virtue  of  any  o' 
those  special  Acts  of  the  legislature  of  the  Territory  of 
Kansas  wherein  the  term  of  such  duration  and  existence 
is  not  specifically  fixed,  and  now  owning  or  operati;ig 
a  line  of  railroad,  and  who  shall  by  a  vote  of  its  board 
of  directors  at  some  special  or  regular  meeting  thereof 
hereafter  held  signify  its  acceptance  by  resoluticn  of 
the  provisions  of  this  Act,  and  shall  file  a  copy  of  said 
resolution  with  and  in  the  oflBce  of  the  secretary  of 
State  of  thes  State  of  Kansas  on  or  before  the  1st  day 
of  June,  1879,  shall  be  held  and  construed  to  continue 
for  the  term   of  99  years  from  the   time   of  the  taking 


i 


Public  Service  Laws 


573 


effect  of  the  special  Act  under  which  such  railroad  cor- 
poration was  organized;  and  the  change  of  name  of  any- 
such  corporation,  made  under  the  provisions  of  law,  shall 
in  nowise  affect  its  rights  under  this  Act;  provided, 
however,  that  none  of  said  railroad  corporations  who 
shall  fail,  neglect  or  refuse,  ty  the  adoption  of  such 
vote  and  resolution  of  its  board  of  directors,  to  accept 
the  provisionls  of  this  Act  by  the  1st  day  of  June,  1879, 
and  file  the  same  with  the  secretary  of  State  by  the 
the  time  aforesaid,  shall  have  any  cf  the  benefits  of 
this  Act  whatever;  and  provided  further,  that  nothing 
in  this  Act  shall  be  construed  to  affect  or  abridge  the 
right  of  the  legislature  to  regulate  fares  and  tariffs  by 
general  laws;  and  such  general  laws  shall  apply  to  the 
railroad  corporations  referred  to  in  this  Act  to  the  same 
extent  as  to  railroad  corporations  organized  and  existing 
under  general  laws;  and  provided  further,  that  in  no 
case  whatever  shall  any  railroad  corporation  whose  term 
of  existence  is  defined  and  established  by  this  Act  exer- 
cise, hold  or  possess  any  power,  immunity,  privilege, 
franchise  or  right  by  reason  of  this  Act  or  the  provi- 
sions herein  contained,  other  or  different  from  those 
special,  enumerated  and  ordinary  powers.  Immunities, 
privileges,  franchises  and  rights  exercised,  held  and  pos- 
sessed by  railroad  corporations  created  and  incorporated 
under  the  general  railroad  incorporation  laws  of  the 
State  of  Kansas. 

FENCING  RAILROAD  RIGHT  OF  WAY. 

When  and  how  fence  to  be  built.  §  7075.  Any  person, 
persons  or  corporations  owning  land  by  or  through  which 
any  railroad  or  an  electric  Interurban  line  has  been 
or  may  be  constructed,  who  has  inclosed  or  may  inclose 
the  same  or  any  part  thereof,  and  adjacent  to  the  line 
of  such  railroad  or  interurban  line,  with  either  a  lawful 
fence  or  a  hog-tight  fence,  may  demand  of  such  railroad 
or  interurban  company  that  it  inclose  its  line  next 
thereto  with  a  lawful  fence  or  a  hog-tight  fence  corre- 
sponding in  class  of  fence  to  that  maintained  by  the 
owner,  and  maintain  the  same;  provided,  that  the  fol- 
lowing shall  constitute  a  hog-tight  fence  for  the  purpose 
of  this  Act:  A  woven-wire  fence  not  less  than  26 
inches  high,  with  not  less  than  seven  cables  and  meshes 
not  to  exceed  six  inches  in  length.  The  bottom  mesh 
shall  be  not  more  than  three  inches  wide;  the  second 
not  more  than  three  and  one-half  inches  wide,  the  third 
not  more  than  four  inches  wide,  the  fourth  not  more 
than  four  and  one-half  inches  wide,  the  fifth  not  more 
than  five  inches  wide,  and  the  sixth  not  more  than  six 
inches  wide.  The  bottom  wire  of.  the  said  woven-wire 
fence  shall  be  placed  not  to  exceed  two  inches  from 
the  surface  of  the  ground.  And,  in  addition  to  the  woven 
wire  already  prescribed,  there  shall  be  not  less  than 
three  barbed  wires  placed  above  said  woven  wire.  The 
first  barbed  wire  above  the  woven  wire  shall  be  placed 
four  inches  above  the  top  of  the  woven-wire  fence. 
The  second  barbed  wire  shall  be  placed  eight  inches 
above  the  first  barbed  wire,  and  the  third  barbed  wire 
to  be  placed  eight  inches  above  the  second  barbed  wire; 
in  all,  48  inches.  The  posts  shall  be  of  ordinary  size 
for  fence  purposes  and  set  in  the  ground  at  least  two 
feet  deep  and  not  to  exceed  16  feet  apart.  The  barbs 
on  the  barbed  wire  shall  not  exceed  six  inches  apart, 
said  wire  to  be  of  not  less  than  No.  13,  standard  gauge. 

Notice,  when  to  be  given.  §  7076.  Whenever  a  railroad 
corporation,  or  the  lessee,  person,  company,  or  corpora- 
tion operating  any  railroad,  shall  neglect  or  refuse  to 
build  such  fence  as  provided  in  this  Act,  the  owner  or 
occupant  of  the  lands  adjoining  such  railroad,  or  over 
or  through  where  the  railroad  track  is  or  may  be  laid, 
may  give  notice  in  writing  to  such  corporation,  or  the 
lessee  thereof,  or  the  persons  operating  such  railroad, 
to  build  such  fence  within  60  days,  except  during  the 
months  of  December  and  January,  after  the  service  of 
such  notice.  Such  notice  shall  describe  the  lands  on 
which  said  fence  is  required  to  be  builtr  Service  of 
such  notice  may  be  made  by  delivering  the  same  to  any 
ticket  or  station  agent  of  said  corporation  of  [or]  the 
person,  corporation  or  lessees  operating  such  railroad. 

Landowner's  right  to  build  fence.  §  7077.  If  the  party 
so  notified  shall  refuse  to  build  such  fence  in  accordance 


with  the  provisions  of  this  Act,  the  owner  or  occupant 
of  the  land  required  to  be  fenced  shall  have  the  right 
to  enter  upon  the  land  and  track  of  said  railroad  com- 
pany, and  may  build  such  fence;  and  the  person  so 
building  such  fence  shall  be  entitled  to  the  value  thereof 
from  such  corporation  or  party  operating  or  using  such 
railroad,  to  be  recovered  with  interest  at  the  rate  of 
one  per  cent  per  month  from  the  time  such  fence  was 
built,  together  with  a  reasonable  attorney's  fee  for  the 
prosecution  of  any  suit  to  recover  the  same. 

Landowner's  right  to  attach  to  fence.  %  7078.  Any  per- 
son owning  or  occupying  land  adjoining  any  railroad 
track  of  any  railroad  company  shall  have  the  right  to 
attach  to  the  fence  constructed  along  the  track  or  right 
of  way  of  said  railroad  company  any  wires,  boards  or 
other  materials  so  as  to  make  the  fence  of  said  railroad 
company  sufficient  to  prevent  any  hogs  or  pigs  from 
getting  upon  the  track  of  said  railroad  company. 

DAMAGES  BY  FIRE. 

Rules  of  evidence  established.  §  7079.  That  In  all  ac- 
tions against  any  railway  company  organized  or  doing  busi- 
ness in  this  State,  for  damages  by  fire  caused  by  the 
operating  of  said  railroad,  it  shall  be  only  necessary  for  the 
plaintiff  in  said  action  to  establish  the  fact  that  said  fire 
complained  of  v/as  caused  by  the  operating  of  said  railroad, 
and  the  amount  of  his  damages  (which  proof  shall  be 
prima  facie  evidence  of  negligence  on  the  part  of  said  rail- 
road) ;  provided,  that  in  estimating  the  damages  under  this 
Act,  the  contributory  negligence  of  the  plaintiff  shall  be 
taken  into  consideration. 

Attorney's  fees.  %  7080.  In  all  actions  commenced  un- 
der this  Act,  if  the  plaintiff  shall  recover,  there  shall  be 
allowed  him  by  the  court  a  reasonable  attorney's  fee, 
which  shall  become  a  part  of  the  judgment. 

Fires  prior  to  passage  of  act.  §  7081.  Nothing  in  this 
Act  shall  be  construed  to  apply  to  fires  occurring  prior  to 
the  passage  of  this  Act. 

STOPPING  PASSENGER  TRAINS. 

At  county  seats.  §  7082.  That  each  and  every  railroad 
company  operating  a  line  of  railroad  through  the  corporate 
limits  of  any  county  seat  in  Kansas  is  hereby  required  to 
make  regular  stops  at  such  county  seat,  of  at  least  one 
passenger  train  per  day  going  in  each  direction. 

Penalty  for  failure  to  stop  at  county  seats.  §  7083.  Any 
corporation  operating  a  line  of  railroad  in  the  State  of  Kan- 
sas failing  or  neglecting  to  comply  with  the  provisions  of 
§  1  of  this  act  shall  be  liable  to  pay  a  penalty  of  $10  for 
each  day  of  such  failure,  which  penalty  may  be  recovered 
in  any  court  of  competent  jurisdiction,  in  an  action  to  be 
prosecuted  by  the  county  attorney  of  the  county  where 
such  failure  to  make  regular  daily  stops  as  aforesaid 
occurs.  Such  action  shall  be  prosecuted  in  the  name  of 
the  State  of  Kansas  as  plaintiff,  and  the  recovery  shall  be 
for  the  benefit  of  the  common  schools  of  such  county,  to  be 
collected  and  disbursed  as  other  fines  and  penalties. 

Defense — No  train  on  that  day.  §  7084.  It  shall  be  a 
good  defense  to  any  actions  provided  in  §  2  of  this  Act,  if 
for  any  reason  passenger  trains  are  not  run  on  the  railroad 
going  through  such  county  seat  on  the  day  for  which  the 
penalty  is  sought  to  be  recovered. 

Stopping  at  county  seats,  cities  of  first  class,  50,000  or 
more.  §  7085.  That  every  railroad  corporation  which  is 
now  or  may  hereafter  be  engaged  in  the  transportation  of 
passengers  or  property  in  this  State  shall  stop  all  of  its 
regular  passenger  trains  carrying  passengers  at  the  county 
seat  of  each  and  every  county  through  which  the  same 
shall  be  operated,  where  said  county  seat  is  a  city  of  the 
first  class  having  a  population  of  not  less  than  50,000,  and 
shall  at  such  county  seat  establish  a  station  and  erect, 
build  and  maintain,  either  jointly  with  some  other  railroad 
company  or  separately,  a  depot  or  passenger-house  and 
waiting-room  or  rooms  sufficient  to  comfortably  accom- 
modate all  passengers  awaiting  the  arrival  or  departure  of 
trains  at  such  county  seat,  and  shall  keep  such  depot  or 
passenger-house  warm,  lighted  and  open  to  the  ingress  and 
egress  of  all  passengers  a  reasonable  time  before  the  ar- 
rival and  until  after  the  departure  of  all  regular  pa&senger 
trains  carrying  passengers  on  such  railroad,  and  shall  also 


574 


National  Association  of  Railway  Commissioners 


give  public  notice  of  the  regular  time  of  the  arrival  and 
departure  of  its  passenger  trains  at  such  station,  8.nd 
furnish  sufficient  accommodations  for  the  transportation 
of  all  such  passengers,  baggage,  mail,  express  and  freight 
as  shall  within  reasonable  time  previous  thereto  be  offered 
for  transportation  at  such  station;  provided,  however,  that 
the  term  "regular  passenger  train,"  as  used  in  this  Act, 
shall  be  construed  to  mean  any  and  all  trains  for  the  trans  • 
portation  of  passengers  that  shall  appear  upon  the  official 
time  card  of  the  railroad  company,  and  shall  not  be  con- 
strued to  mean  an  excursion  or  freight  train. 

Penalty  for  failure  to  stop  at  county  seats  of  more  than 
50,000.  §  7086.  That  every  railroad  corporation  which  shall 
fall,  neglect  or  refuse  to  comply  with  the  requirements  of 
the  preceding  section  of  this  Act  from  and  after  the  first 
day  of  January,  1906,  shall,  for  each  day  said  corporation 
fails,  neglects  or  refuses  to  comply  therewith  after  said 
day,  forfeit  and  pay  the  sum  of  $50,  which  may  be  recov- 
ered in  the  name  of  the  State  of  Kansas  for  the  use  of  the 
public-school  fund,  and  it  shall  be  the  duty  of  the  county 
attorney,  upon  request  of  any  taxpayer  in  such  county,  lo 
prosecute  for  and  recover  such  penalty. 

Mandamus  to  compel.  §  7087.  That  every  railroad  cor- 
poration which  shall  fail,  neglect  or  refuse  to  comply  with 
the  provisions  of  this  Act  from  and  after  the  first  day  of 
January,  1906,  may  be  compelled  by  writ  of  mandamus  to 
perform  the  duties  imposed  upon  it  by  this  Act,  in  a  suit 
to  be  brought  in  the  name  of  the  State  of  Kansas  in  any 
court  of  competent  jurisdiction;  and  upon  request  of  any 
resident  taxpayer  of  said  county  it  shall  be  the  duty  of  the 
county  attorney  to  immediately  commence  and  diligently 
prosecute  such  mandamus  suit;  and  if  upon  being  re- 
quested so  to  do  any  county  attorney  shall  fail  to  institute 
and  prosecute  suit,  any  resident  taxpayer  of  such  county 
may  employ  counsel,  who  shall  have  authority  to  bring 
and  prosecute  such  suit  in  the  name  of  the  State  of 
Kansas. 

Trains  in  Neosho  county.  §  7088.  That  all  trains  car- 
rying passengers,  except  as  hereinafter  provided,  shall  stop 
so  as  to  receive  and  let  off  passengers  at  the  regular  sta- 
tion In  each  town  and  city  in  Neosho  County,  Kansas,  hav- 
ing a  population  of  1,000  or  more;  provided,  that  said  trains 
shall  not  be  required  to  stop  at  such  times  when  there  are 
no  passengers  to  be  received  or  let  off;  and  provided  fur- 
ther, that  this  Act  shall  not  apply  to  special  and  chartered 
trains. 

§  2.  That  the  State  board  of  railroad  commissioners  is 
hereby  directed  and  authorized  to  see  that  this  Act  is 
enforced. 

CHANGE  GAUGE  OP  RAILROAD. 

Change  authorized.  §  7089.  Any  railway  corporation 
which  has  been  heretofore  or  may  be  hereafter  organized 
and  incorporated  under  the  laws  of  this  State  for  the  pur- 
pose of  constructing,  maintaining  and  operating  a  narrow- 
gauge  railway  shall  have  the  right,  and  it  is  hereby  au- 
thorized by  vote  of  the  holders  of  a  majority  of  its  stock 
(subscribed  and  issued),  to  change  the  gauge  of  its  track 
from  narrow  gauge  to  standard  gauge. 

Certificate  of  change  to  secretary  of  state.  §  7090.  When- 
ever any  railway  corporation  shall  change  the  gauge  of 
Its  track,  as  authorized  by  §  1  of  this  Act,  it  shall  be  the 
duty  of  the  secretary  of  such  railway  corporation  to  certify 
to  the  secretary  of  State,  under  his  hand  and  seal  of  said 
railway  corporation,  the  fact  of  such  change  having  been 
made,  and  the  date  thereof. 

Changes  made  before  passage  of  act.  §  7091.  If  before 
the  passage  of  this  Act  any  such  railway  corporation  by 
vote  of  its  stockholders  shall  have  changed  the  gauge  of 
Its  track  from  narrow  gauge  to  standard  gauge,  and  shall 
within  60  days  after  the  passage  of  this  Act,  by  its  secre- 
tary and  under  its  corporate  seal,  certify  to  the  secretary 
of  State  the  fact  of  such  change,  and  the  date  thereof,  such 
change  is  hereby  ratified  and  confirmed,  and  shall  have  the 
same  force  and  effect  as  if  made  after  the  passage  of  this 
Act. 

Certificates  to  be  filed  and  given.  S  7092.  Any  change 
of  gauge  of  track  such  as  is  hereby  authorized,  whether  by 
amendment  of  articles  of  incorporation  or  by  resolution 
and  certificate  thereof,  shall  be  filed  and  recorded  by  the 
secretary  of  State,  and  certificate  thereof  given,  the  same 
as  In  cases  of  articles  of  incorporation. 


Validity  of  railroad-aid  bond.  §  7093.  Whenever  any 
railway  corporation  organized  to  construct  and  operate 
a  narrow-gauge  railway  shall  have  availed  itself  of  the 
benefits  of  this  Act,  by  changing  the  gauge  of  its  track 
or  certifying  to  such  change  as  herein  provided,  any 
municipal  bonds  before  such  change  or  certificate,  voted 
to  such  railway  corporation  under  any  law  of  this  state 
to  aid  in  the  construction  of  the  railroad  of  such  rail- 
way company,  shall  not  be  invalid  by  reason  of  such 
change  of  gauge,  provided  such  change  does  not  con- 
flict with  the  terms  of  the  proposition  under  which  s^jch 
bonds  were  voted;  but  such  bonds  shall,  by  the  proper 
authorities  for  any  county,  township  or  city  having  voted 
such  bonds,  be  delivered  to  such  railway  corporation, 
upon  its  compliance  with  the  terms  of  the  proposition 
under  which  they  were  voted;  and  such  bonds  shall  be 
as  valid  and  binding  upon  such  county,  township  or  city 
as  if  the  original  charter  for  such  railway  corporation 
had  authorized  the  same  to  construct,  maintain  and  oper- 
ate a  railway  of  standard  gauge. 

Consent  to  be  obtained  where  railroad-aid  bonds  exist. 
§  7094.  Any  railway  corporation  having  received  municipal 
bonds  voted  In  aid  of  the  construction  of  a  narrow-gauge 
railroad  shall,  before  being  entitled  to  the  benefits  of  this 
Act,  procure  the  consent  to  such  change  of  gauge  by 
the  county,  township  or  city  from  whom  such  bonds  wsro 
received,  which  consent  must  be  given  after  the  pas- 
sage of  this  Act,  and  may  be  given  by  the  board  of 
county  commissioners  for  the  county  or  any  township 
thereof  and  by  the  mayor  and  councilmen  for  any  ci 


SHIPMENTS  OF  STOCK  AND  GRAIN. 


I 


g^ocfc  must  be  counted  before  shipping.  §  7095.  Wh  •n- 
ever  any  shipper  of  hogs,  cattle,  sheep,  horses  or  otl  er 
animals  shall  present  his  stock  at  any  railroad  station, 
and  to  any  railroad  agent  in  the  State  of  Kansas,  :  or 
purposes  of  transportation,  it  shall  be  the  duty  of  si  id 
railroad  agent  to  count  or  cause  to  be  counted  si  id 
hogs,  cattle,  sheep,  horses  or  other  animals,  and  t  le 
number  so  counted  shall  be  by  the  agent  named  in 
the  bill  of  lading  or  receipt  for  said  stock.  And  il 
said  railroad  agent  neglect  or  refuse  to  count  or  ha  /e 
counted  said  stock,  then  the  railroad  company  emph  y- 
ing  said  agent  shall  be  held  responsible  for  the  numt  3r 
of  animals  specified  in  the  bill  of  lading  according  :o 
shipper's   count. 

Mixing  stock  or  grain  in  car.  §  7096.  Whenever  a  ly 
shipper  shall  order  one  or  more  cars  from  any  railro  id 
company  for  the  purposes  of  transportation  of  stock  )r 
grain,  he  shall  have  the  right  and  privilege  to  put  n 
said  car  or  cars  two  or  more  species  of  live  stock  ir 
different  kinds  of  grain;  and  no  railroad  company  )r 
railroad  agent  shall  charge  for  any  car  in  which  is 
shipped  two  or  more  species  of  live  stock  any  great  !r 
prices  than  are  charged  when  only  one  species  of  sto  k 
is  shipped  therein,  nor  shall  said  railroad  agent  or  rail- 
road company  charge  any  greater  sum  when  two  or  mo  'e 
kinds  of  grain  are  shipped  in  any  car  than  is  charg-d 
when  only  one  kind  of  grain  which  is  in  said  car  is 
shipped;  provided,  that  said  different  species  of  sto  k 
or  kinds  of  grain  which  are  placed  in  said  car  or  cars 
do  not  exceed  the  maximum  limit  of  pounds  allowed  ly 
law  and  by  the  railroad  company  when  only  one  sped  !3 
of  live  stock  or  one  kind  of  grain  is  shipped  in  said  c  ir 
or  cars;  provided,  further,  that  when  more  than  one  kind 
of  stock  or  grain  shall  be  shipped  in  the  same  car,  tie 
highest  rate  may  be  the  rate  of  freight  to  be  charged. 

Damage  for  failure  to  comply  with  laio.  §  7097.  Any 
loss  sustained  by  any  shipper  from  the  refusal  on  tiie 
part  of  any  railroad  company  to  conform  to  the  requiie- 
ments  of  this  Act  shall  be  assessed  and  collected  as  any 
other  damages  and  losses  are  assessed  and  collectod 
against  railroad  companies. 


SHIPMENT  OP  GRAIN,  SEED,  HAY. 


4i 


Keeping  track  scales.  §  7098.  That  each  and  every  rail- 
way company  operating  a  railway  wholly  or  partly  within 
this  State  shall,  on  or  before  the  1st  day  of  July.  A.  D. 
1893,  construct  and  provide,  and  thereafter  keep  and 
maintain  in  good  order,  a  track  or  car  scale  of  sufficient 
capacity  and  suitable  for  weighing  grain  In  carload  lots 
and  in  the  car,  at  each  and  every  town  or  station  upon 


I 


Public  Service  Laws 


ts  line  of  railway  or  tlie  line  of  railway  operated  by  it, 
from  wliich  the  aggregate  of  grain  shipments  on  all  rail- 
ways shall  be  100  cars  or  more  of  grain  and  seeds  dur- 
ing the  year  1892. 

Scales  from  points  shipping  100  cars.  §  7099.  Any  town 
or  station  not  now  entitled  to  track  scales  under  this 
Act,  but  from  which  there  shall  hereafter  be  shipped  in 
any  calendar  year  100  cars  or  more  of  grain,  seeds  or 
hay,  shall  be  entitled  to  the  benefits  of  this  Act;  and 
any  railway  company  operating  a  railway  upon  which 
such  town  or  station  is  located  shall  construct,  provide, 
keep  and  maintain  a  track  or  car  scale  at  such  town  or 
station,  as  provided  by  §  1,  within  six  months  after  the 
expiration  of  such  calendar  year;  provided,  however,  that 
any  railway  company  may  elect  to  accept  the  weights  of 
any  public  weigher,  or  the  weights  of  the  shipper,  and 
shall  have  the  right  to  demand  that  the  weights  of  such 
shipper  shall  be  verified  by  affidavit;  and  in  case  they 
so  elect,  shall  not  be  required  to  put  in  scales,  and  shall 
not  be  liable  to  the  penalties  prescribed  in  this  Act  for 
failure  to  put  in  scales. 

Weighing  at  other  points.  §  7100.  At  stations  not  en- 
titled to  car  scales  by  the  provisions  of  this  Act  it  shall 
be  the  duty  of  such  railway  company  to  weigh  at  one 
of  the  stations  nearest  to  such  station  having  no  such 
scales,  and  such  cars,  before  and  after  loading,  and  to 
give  such  shipper  a  like  receipt,  as  provided  in  §  6  of 
this  Act;  provided,  that  such  weighing  before  loading 
may  be  on  one  side  of  the  point  of  shipment,  and  after 
loading  on  the  other  side  of  the  point  of  shipment. 

When  and  how  weighing  to  6e  done.  §  7101.  Each  rail- 
way company  operating  a  railway  at  any  station  or  town 
in  this  State  entitled  to  'track  scales  under  this  Act  shall 
correctly  v/eigh  all  cars  immediately  before  and  imme- 
diately after  being  loaded  with  grain,  seeds  or  hay,  said 
cars  to  be  detached  from  engine  and  other  cars  when 
weighed,  and  such  weighing  to  be  done  in  the  presence 
of  the  shipper  of  such  grain  or  seed,  if  so  demanded  by 
him. 

Fees  for  weighing.  §  7102.  Such  railway  company 
shall  be  entitled  to  collect  and  receive  from  the  person 
shipping  such  grain,  seed  or  hay  the  sum  of  25  cents 
for  each  car  of  such  grain  or  seed  so  weighed,  as  com- 
pensation  for  such  weighing. 

The  shipment.  §  7103.  Each  railway  company  operat- 
ing a  railway  wholly  or  partly  within  this  State  shall 
be  required  to  give  to  any  person  delivering  grain,  seed 
or  hay,  in  bulk  or  in  sacks,  to  any  such  company  for 
transportation,  at  any  station  entitled  to  track  scales 
under  this  Act,  a  bill  of  lading,  in  duplicate,  which  bill 
of  lading  shall  state  the  exact  number  of  bushels  or 
pounds  of  grain,  seed  or  hay  so  delivered  to  such  railway 
company,  by  whom  delivered  and  to  whom  consigned; 
and  thereafter  such  railway  company  shall  be  responsible 
to  the  consignee  named  in  said  bill  of  lading,  or  to  his 
heirs  or  assigns,  for  the  full  amount  of  such  grain,  seed 
or  hay  so  delivered  to  such  railway  company,  until  it 
shall  show  that  it  has  delivered  the  whole  amount  of 
such  grain,  seed  or  hay  to  such  consignee  or  to  his  heirs 
or  assigns;  provided,  however,  that  if  any  shortage  on 
any  car  of  grain,  seed  or  hay  shall  not  exceed  one-fourth 
of  1  per  cent  of  the  amount  of  grain,  seed  or  hay  put  in 
the  car,  then  the  railway^  company  shall  be  deemed  to 
have  delivered  the  whole  amount  of  grain,  seed  or  hay 
in  the  car.  And  in  any  action  hereafter  brought  against 
any  railway  company  for  or  on  account  of  any  failure 
Or  neglect  to  deliver  any  such  grain,  seed  or  hay  to  the 
consignee,  or  his  heirs  or  assigns,  either  duplicate  of 
such  bill  of  lading  shall  be  conclusive  proof  of  the  amount 
of  such  grain,  seed  or  hay  so  received  by  such  railway 
company. 

Defense — Loss  on  another  road.  §  7104.  No  defense  to 
an  action  for  the  recovery  of  such  loss  or  shortage  on 
grain,  seed  or  hay  so  weighed,  by  reason  of  the  same 
having  occurred  on  the  line  of  some  other  company,  to 
which  it  may  have  been  transferred  or  which  may  have 
received  it  for  shipment,  shall-  be  admitted  to  be  made 
unless  all  the  facts  and  circumstances  of  such  loss  or 
shortage  so  occurring  on  such  other  line  shall  be  fully  set 
forth  in  written  pleadings,  filed  by  the  shipping  company, 
and  affirmatively  and  fully  proved  by  it. 

No  scales — Statement  of  shipper  conclusive.    §  7105.  Any 


railway  company  failing,  neglecting  or  refusing  to  provide 
and  maintain  track  scales,  as  required  by  §  1  of  this  Act, 
shall  state  in  its  bills  of  lading  given  for  grain  or  iced 
delivered  to  it  for  transportation  at  any  station  or  town 
entitled  to  track  scales  under  the  provisions  of  this  Act, 
the  number  of  bushels  or  pounds  of  such  grain,  seed  or 
hay,  and  as  stated  by  the  person  or  persons  delivering  such 
grain,  seed  or  hay  to  such  railway  company,  and  the  amount 
so  stated  shall  be  conclusive  and  binding  upon  such  rail- 
way company,  as  provided  in  §  6  of  this  Act;  provided,  how- 
ever, that  the  person  so  delivering  such  grain,  seed  or  hay 
to  such  railway  company  shall,  if  required  by  the  railway 
company,  make  an  affidavit  that  the  amount  of  such  grain, 
seed  or  hay  as  stated  by  him  is  true  and  correct. 

Penalty  for  failure  to  put  in  scales.  §  7106.  Any  rail- 
way company  neglecting  for  six  months  after  the  taking 
effect  of  this  Act  to  put  in  the  car  scales  heretofore  pro- 
vided for  shall  be  liable  to  a  penalty  of  $100  per  day  for 
each  station  at  which  such  neglect  occurs,  until  the  same 
is  put  in  as  herein  provided. 

Penalty  and  damage  for  refusing  to  give  l>ill  of  lading. 
§  7107.  Any  railway  company  neglecting  or  refusing  to 
give  any  person  entitled  thereto  a  bill  of  lading,  as  required 
by  either  §§  6  or  8  of  this  Act,  shall  be  liable  to  a  fine  of 
$100  for  each  and  every  refusal,  to  be  recovered  in  an 
action  brought  in  the  name  of  the  State,  in  any  court  of 
competent  jurisdiction,  and  shall  also  be  liable  to  the  party 
injured  by  such  refusal  for  all  damages  sustained  thereby, 
together  with  a  reasonable  attorney's  fee,  to  be  recovered 
by  an  action  in  any  court  of  competent  jurisdiction;  and  in 
all  cases  in  which  judgment  shall  be  rendered  against  a 
railway  company  for  loss  or  shortage  on  grain,  seed  or 
hay  shipped,  the  magistrate  or  court  shall  also  render  judg- 
ment for  a  reasonable  attorney's  fee  for  the  plaintiff's 
attorney;  provided,  that  such  attorney's  fee  shall  not  be 
allowed  unless  written  demand  be  made  upon  the  agent 
of  the  station  at  which  grain  was  shipped  for  payment  of 
such  loss  or  shortage  30  days  before  the  beginning  of  such 
suit. 

INJURY  TO  LIVE  STOCK  IN  TRANSIT. 

Negligence  presumed — No  pass  furnished.  §  7108.  In  all 
shipments  of  live  stock  over  any  railroad  in  the  State, 
in  the  event  such  railroad  fails  to  furnish  transportation 
for  sucli  shipper  both  ways  in  the  shipping  of  such  live 
stock,  if  any  of  such  live  stock  is  injured  or  killed  while 
in  transit,  negligence  shall  be  presumed  on  the  part  of  the 
railroad  company,  in  any  action  for  damages  for  the  injury 
or  killing  of  such  stock. 

Attorney's  fees.  §  7109.  A  reasonable  attorney's  fee 
shall  be  allowed  by  the  court  hearing  such  case  to  the  at- 
torney prosecuting  such  action. 

PASSES  FOR  LIVE  STOCK  SHIPPERS. 

Duty  to  furnish  pass  to  shipper.  §  7110.  Whenever  any 
railroad  company  or  corporation  doing  business  within 
the  limits  of  this  State  shall  receive  and  ship  any  live 
stock  by  the  carload,  and  the  shipper  shall  desire,  either 
in  person  or  by  an  employe,  to  accompany  such  stock  for 
the  purpose  of  looking  after  and  caring  for  it  in  transit, 
the  charge  for  such  shipment  shall  be  held  to  include  the 
passage  of  the  shipper,  and  such  company  or  corporation, 
in  consideration  of  the  services  performed  by  such  shipper 
in  looking  after  and  caring  for  his  stock  and  of  the  shipping 
charges  paid,  shall  pass  the  shipper  or  his  employe  on  the 
train  in  which  the  stock  is  shipped  to  the  point  designated 
in  the  contract  or  bill  of  lading,  and  shall  pass  him  back 
again  to  the  point  of  shipment  of  trains  carrying  general 
passengers,  without  further  expense  to  the  shipper  in  the 
way  of  fare  except  that  paid  as  freight  for  the  shipment; 
provided,  however,  that  in  all  cases  where  more  than  one 
carload  of  stock  is  shipped  at  the  same  time,  the  railroad 
company  shall  be  and  is  hereby  required  to  pass  as  afore- 
said one  additional  person  for  every  four  carloads  or  major 
fraction  thereof,  in  addition  to  the  first  carload,  and  one 
additional  man  for  every  six  carloads  or  major  fraction 
thereof  after  the  first  four  carloads;  provided,  that  not 
more  than  four  men  shall  be  passed  with  any  trainload  of 
live  stock  shipped  by  one  shipper.  In  all  such  cases  it 
shall  be  the  duty  of  the  shipper  so  furnished  with  transpor- 
tation, by  himself  or  employe,  to  look  after  and  care  for 
the  stock  while  in  the  cars,  giving  them  such  attention  as 


576 


Nation-al  Association  of  Railway  Commissioners 


the  movements  of  the  train  will  permit,  in  order  to  prevent 
injury  to  the  stock  from  their  being  crowded  together;  but 
this  shall  in  no  wise  relieve  the  railroad  company  from 
rendering  such  assistance  at  any  time  to  such  shipper  as 
may  be  required  by  conditions  which  the  shipper  cannot 
control  by  his  own  efforts. 

Pass  non-transferable.  §  7111.  It  shall  be  unlawful  for 
any  shipper  of  more  than  one  car  of  stock  to  turn  over 
either  of  said  cars  to  another  person,  or  to  permit  another 
person  to  assume  ownership  thereof,  for  the  purpose  of 
securing  transportation  under  the  provisions  of  this  Act; 
and  any  person  who  for  such  purpose  turns  over  any  stock 
to  another  person,  or  who  permits  another  person  to 
assume  ownership  of  stock  for  the  purpose  of  securing 
such  free  transportation,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  subject  to  a  fine 
of  not  exceeding  $100. 

Damages  and  attorney's  fees,  i  7112.  Every  railroad 
company  or  corporation  failing  or  refusing  to  comply  with 
the  provisions  of  §  1  of  this  Act  shall  be  liable  in  damages 
to  the  shipper  for  double  the  amount  of  the  regular  fare 
for  the  carriage  from  the  point  of  shipment  to  the  place 
designated  in  the  contract  or  bill  of  lading,  and  from  the 
latter  point  back  again  to  the  point  of  shipment,  for  the 
number  of  persons  entitled  to  be  transported  with  said 
stock  under  the  provisions  of  this  Act,  such  damages  to  be 
recovered  before  any  court  of  competent  jurisdiction,  and 
in  addition  to  such  damages  there  shall  be  recovered  a 
reasonable  attorney's  fee  for  the  plaintiff's  attorney. 

ACCOMMODATIONS  FOR  LIVE  STOCK  SHIPPERS. 

On  trains  and  in  yards.  §  7113.  That  it  is  the  duty  of 
every  railroad  company  or  corporation  in  this  State,  and 
every  assignee,  lessee  or  receiver  appointed  by  any  court 
whatsoever,  in  operating  its  freight  trains  carrying  one  or 
more  cars  of  live  stock  to  and  from  the  market  stock 
yards  of  the  State  of  Kansas,  to  attach  to  the  rear  end  of 
the  freight  train  at  the  place  of  shipment,  and  keep  at- 
tached thereto,  a  good  and  sufficient  car  or  cars  for  the 
accommodation  and  safety  of  the  person  or  persons  ac- 
companying such  live  stock;  and  to  erect  or  provide  at 
said  market  stock  yards,  and  at  the  end  of  every  railroad 
division  where  trains  are  made  up  and  said  live  stock 
is  switched  to  diiferent  lines  of  railroad,  or  to  different 
trains  on  the  same  line  of  railroad,  good  and  suitable  build- 
ings at  some  convenient  place  for  the  accommodation  and 
safety  of  the  person  or  persons  who  accompany  said  live 
stock,  and  to  designate  such  buildings  as  the  places  for 
such  persons  or  persons  to  enter  or  to  leave  the  car  or  cars. 

Train  to  ie  stopped  at  building.  §  7114.  And  it  is  the 
duty  of  every  raidroad  company  or  corporation  in  this 
State,  and  every  assignee,  lessee  or  receiver  appointed  by 
any  court  whatsoever,  to  pull  up  and  stop  the  car  provided 
for  in  §  1  of  this  Act  so  as  to  be  not  farther  than  150  feet 
from  the  building  or  buildings  designated  as  the  place  to 
enter  or  leave  the  car  provided  for  such  person  or  persons 
in  §  1  of  this  Act. 

Penalty  for  failure  to  comply  with  law.  §  7115.  Every 
railroad  company  or  corporation  in  this  State,  and  every 
assignee,  lessee  or  receiver  appointed  by  any  court  what- 
soever, that  fails  within  60  days  after  this  Act  takes  effect 
to  obey  §§  1  and  2  of  this  Act,  shall  pay  into  the  State 
school  fund  of  the  State  of  Kansas,  to  be  used  in  support 
of  the  public  schools  of  said  State,  $25  per  day  for  each 
day  or  fraction  of  a  day  such  person  or  persons  are  denied 
such  safety  and  accommodation  provided  in  §§  1  and  2  of 
this  Act;  provided  always,  that  if  for  any  reason  the  60 
days  is  insufficient,  the  board  of  railroad  commissioners  of 
Kansas,  on  application  of  the  railroad,  may  extend  the  60 
days  to  not  over  60  days  further,  and  the  attorney-general 
of  the  State  of  Kansas  is  hereby  authorized  and  empowered 
to  see  that  this  Act  is  enforced. 

SPEED  OF  STOCK  TRAINS. 

Fifteen  miles  an  hour  required.  §  7116.  That  all  per- 
sons, firms  or  corporations  operating  railroads  as  com- 
mon carriers  shall  transport  all  live  stock  received  by 
them  for  transportation  within  this  State  without  delay, 
and  shall  transport  the  same  at  a  rate  of  speed  not 
less  than  an  average  of  15  miles  an  hour  for  the   entire 


distance  over  which  said  shipment  is  transported  by  ral 
within  this  State,  unless  prevented  by  unavoidable  accl 
dents;  provided,  the  time  consumed  for  loading,  by  stops 
for  watering  and  feeding  occasioned  by  the  requirements 
of  law,  or  the  order  of  the  shipper,  shall  not  be  con- 
sidered a  part  of  the  time  in  which  shipments  are  re- 
quired to  be  made. 

Damage  and  attorney's  fee.  §  7117.  Any  common  car- 
rier which  fails  or  refuses  to  transport  such  live  stock 
at  a  rate  of  not  less  than  15  miles  an  hour  as  herein 
provided  shall  be  liable  for  all  damages  which  may  be 
sustained  by  any  person  on  that  account,  which  damages 
shall  include  the  loss  resulting  from  a  depreciation  on 
the  market,  shrinkage  in  weight  of  such  live  stock,  the 
loss  in  time  of  shipper,  his  agent  or  employe,  and  any 
extra  expense  occasioned  thereby  and  all  other  damages 
which  are  the  proximate  result  of  such  failure,  together 
with  the  costs  in  case  suit  is  brought  to  recover  same, 
and  a  reasonable  attorney  fee  fixed  by  court  on  the  trial 
for  said  cause;  provided,  that  all  other  statutory  and 
common-law  remedies  in  addition  to  the  remedies  pro 
vided  herein  are  hereby  preserved  to  the  shippers. 


i 


DOUBLE-DECKED  CARS  FOR  SHEEP. 


i 


Must  be  furnished  at  one-car  price.  §  7118.  All  railroacl 
companies,  private  companies,  or  individuals,  owning  t. 
railroad  or  railroads  in  the  State  of  Kansas,  are  requirec 
to  furnish  a  sufficient  number  of  double-decked  cars  for 
the  shipment  of  sheep  to  supply  the  demand  for  suet 
cars  on  their  respective  lines,  and  to  allow  shippers 
to  load  both  decks  in  said  cars,  with  sheep,  to  the 
aggregate  extent  of  20,000  pounds,  which  cars  so  loaded 
shall  be  received  and  transported  by  said  railroad  com 
panics  or  private  companies  or  individuals  as  one  car 
lead  of  stock;  and  it  shall  not  be  lawful  for  said  rail 
road  companies,  private  companies  or  individuals  tc 
charge  or  receive  for  the  transportation  of  a  double- 
decked  car  of  sheep  more  than  the  legal  rate  of  freight 
allowed  for   the  shipment  of  stock. 

Single-decked  car  one-half  rate.  §  7119.  Should  any 
railroad  company,  private  company  or  individuals,  owning 
and  operating  a  railroad  or  railroads  in  the  State  ol 
Kansas,  refuse  or  neglect  to  furnish  cars  as  provided 
in  the  preceding  section,  it  shall  not  be  lawful  for  them 
to  charge  or  receive  for  the  transportation  for  the  car 
of  sheep  more  than  one-half  the  legal  rate  allowed  for 
the   shipment  of  stock. 

Penalty  and  damages.  §  7120.  Any  railroad  company, 
or  private  company,  cr  individuals,  owning  and  operating 
a  railroad  or  railroads  in  the  State  of  Kansas,  failing 
or  refusing  to  comply  with  the  provisions  of  §§  1  and  2 
of  this  Act,  shall  pay  the  shipper  not  less  than  $50 
nor  more  than  $200  for  their  failure  or  refusal  to  comply 
with  said  sections,  to  be  recovered  in  any  court  of 
competent  jurisdiction;  provided,  that  such  railroad  com- 
pany, private  company  or  individuals  owning  or  operating 
a  railroad  in  this  State  shall  have  the  privilege  of 
furnishing,  instead  of  a  double-decked  car,  two  cars  fo|  ^ 
which  only  one  rate  shall   be  charged. 


LLQX 


EQUIPMENT  OF  CABOOSE.  I 

On  stock  and  other  trains.  §  7121.  Each  and  every  rail 
road  company  operating  in  this  State  shall,  on  and  aftei 
November  1,  1905,  cause  each  caboose  attached  to 
stock  train  on  its  road  to  be  equipped  with  seats  a: 
water-closets  and  suitable  drinking-water  necessary 
accommodate  the  number  of  stockmen  properly  traveling 
on  such  train,  and  every  caboose  on  any  freight  train 
upcn  which  passengers  may  be  permitted  to  ride  shall 
be  similarly  equipped,  but  no  more  seats  shall  be  r« 
quired  than  are  usually  necessary. 

Penalties.  §  7122.  Each  and  every  railroad  compan] 
failing  or  neglecting  to  comply  with  the  provisions 
§  1  of  this  Act  shall  forfeit  to  the  State  of  Kansas,  f< 
the  benefit  of  the  permanent  school  fund,  the  sum 
$20  for  each  day  it  shall  fail  or  neglect  to  equip  ea< 
caboose  in  the  manner  prescribed  in  said  section.  Su( 
forfeiture  shall  be  recovered  as  other  penalties  by  tl 
attorney-general   in   any   court  of  competent  jurisdictioi 


Public  Sekvice  Laws 


577 


PASSENGERS  ON  FREIGHT  TRAINS. 

Right  to  ride  on  freight  trains.  §  7123.  That  all  freight 
trains  to  which,  a  caboose  is  attached  shall  be  obliged 
to  transport,  upon  the  same  terms  and  conditions  as 
passenger  trains,  all  passengers  who  desire  to  -travel 
therecn,  and  who  are  above  the  age  of  15  years,  or  who, 
if  under  15  years,  are  accompanied  by  a  parent  or 
guardian  or  other  competent  person,  but  no  freight  train 
shall  be  required  to  stop  to  receive  or  discharge  any 
passenger  at  any  point  other  than  where  such  freight 
train  may  stop;  nor  shall  it  be  necessary  to  stop  the 
caboose  of  such  trains  at  the  depot  to  receive  and  dis- 
charge passengers;  provided,  that  on  such  trains  the 
railroad  companies  shall  only  be  liable  for  their  gross 
negligence;  and  provided  further,  that  this  Act  shall 
net  be  construed  to  apply  to  freight  trains  on  main 
lines,  the  most  of  which  train  shall  be  composed  of  cars 
loaded  with   live  stock. 

Penalties.  §  7124.  Any  officer  or  employe  of  such  rail- 
road company  who  shall  violate  any  of  the  provisions 
or  conditions  of  §  1  of  this  Act  shall,  upon  conviction,  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  in 
any  sum  not'  less  than  $10  nor  more  than  $100,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  five 
nor  more  than  30  days,  or  by  both  such  fine  and  im- 
prisonment. 

ELECTRIC  HEADLIGHTS  ON  LOCOMOTIVES. 

Character  of  lights  required.  §  1.  That  on  and  after 
January  1,  1912,  it  shall  be  the  duty  of  every  company, 
corporation,  lessee,  manager,  or  receiver  owning  or  op- 
erating a  railroad  in  the  State  of  Kansas  to  equip  and 
maintain  and  use  upon  each  and  every  locomotive  engine 
being  operated  in  road  service  within  the  State  of  Kan- 
sas a  headlight  of  a  power  that  will  outline  the  figure 
of  a  man  on  or  adjacent  to  the  track,  plainly  visible 
at  a  distance  of  800  feet,  preceding  the  locomotive.  The 
visibility  herein  mentioned  is  understood  to  be  measured 
by  and  under  ordinary  night  conditions,  and  for  the 
normal  sight  of  a  person  having  the  usual  visual  capacity 
required  of  a  locomotive  engineer  at  his  place  in  charge 
of  a  moving  locomotive;  provided,  that  this  Act  shall 
not  apply  to  engines  running  not  more  than  10  miles 
into  the  State  to  complete  their  runs;  and  provided 
further,  that  this  Act  shall  not  apply  to  locomotive 
engines  used  in  regular  switching  service;  and  provided 
further,  that  this  Act  shall  not  apply  to  locomotive 
engines  used  exclusively  between  sun  up  and  sun  down, 
nor  on  engines  going  to  or  returning  from  repair  shops 
when   ordered   to   such  shops   for  repair. 

Penalty  for  violating  preceding  section.  §  2.  Any  rail- 
road company  or  the  receiver,  lessee,  manager  or  super- 
intendent thereof,  violating  the  provisions  of  §  1  of  this 
Act,  or  who  permits  this  Act  to  be  violated  when  within 
his  ofiicial  authority  to  prevent  its  violation,  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  not  less  than  $100,  nor  more  than  $500,  for  each 
offense,  and  the  operation  of  one  engine  for  any  part  of 
one  day  in  violation  of  this  Act  shall  be  construed  to 
be  a  complete  misdemeanor. 

PROGS,  SWITCHES  AND  GUARD  RAILS. 

Must  be  filled,  blocked  and  guarded.  §  7125.  In  order 
to  guard  against  accidental  Injury  to  the  employes  and 
others,  every  railroad  company  operating  a  railroad  in 
the  State  of  Kansas  shall  cause  all  its  frogs,  switches 
and  guard  rails  on  its  track  or  tracks  In  this  State  to 
be  filled,  blocked  and  guarded  In  a  practical  manner. 

Penalty.  §  7126.  Any  such  company  violating  §  1,  in 
addition  to  its  liability  to  any  person  injured  or  to  his 
legal  representative,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  $100 
nor  more  than  $200;  and  any  neglect  or  failure  to  comply 
with  the  provisions  of  this  Act  to  fill,  block  or  guard 
any  frog,  switch  or  guard  rails,  as  required  in  §  1  of  this 
Act,  for  a  period  of  30  days,  shall  constitute  a  separate 
offense. 

SHELTER  FOR  LABORERS  IN  SHOPS. 

Must  be  provided.  §  7127.  It  shall  be  unlawful  for  any 
railroad  company  or  corporation  or  other  persons  who 
own,  control  or  operate  any  line  of  railroad  in  the  State 


of  Kansas  to  build  or  repair  railroad  equipment  at  divi- 
sion points  where  shops  are  located  without  providing 
sheds  over  the  tracks  exclusively  used  for  such  repair 
work,  so  that  all  men  permanently  employed  for  such 
repairs  may  be  under  shelter  during  storms  or  other 
inclement  weather.  ^ 

Penalty.  §  7128.  Every  corporation,  person  or  persons, 
manager,  superintendent  or  foreman  of  any  company,  cor- 
poration, person  or  persons,  who  shall  fail  or  refuse  to 
comply  with  the  provisions  of  this  Act  after  the  first 
day  of  September,  1907,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by 
a  fine  of  not  less  than  $25  nor  more  than  $100  for  each 
offense. 

LIMITATION  OF  HOURS  OF  LABOR. 

Sixteen  consecutive  hours.  §  7129.  It  shall  be  unlawful 
for  any  corporation  or  receiver  operating  a  line  of  railroads 
[railroad]  in  whole  or  in  part  in  the  State  of  Kansas,  for 
any  officer,  agent  or  representative  of  such  corporation  or 
receiver,  to  require  or  permit  any  conductor,  engineer, 
fireman,  brakeman,  train  dispatcher,  telegraph  operator  or 
any  trainman  who  has  worked  in  his  respective  capacity 
for  16  consecutive  hours,  to  continue  on  duty  or  perform 
any  work  for  such  railroad  until  he  has  had  at  least  eight 
hours'  rest;  provided,  that  this  Act  shall  not  apply  in 
case  of  washout,  wrecks  or  unavoidable  blockades,  nor 
shall  it  be  construed  to  prevent  the  crew  of  a  train  which 
contains  live  stock  or  perishable  freight  in  carload  lots 
from  running  to  the  next  division  point  after  the  expiration 
of  the  time  limit  provided  for  in  this  Act;  provided  further, 
that  this  section  shall  not  apply  to  employes  of  sleeping-car 
companies,  baggagemen  and  express  messengers, 

Violations  of  the  law.  §  7130.  Any  corporation  or  re- 
ceiver operating  a  line  of  railroad  in  whole  or  in  part  in 
this  State  who  shall  knowingly  violate  any  provisions  of 
this  Act  shall  be  liable  to  the  State  of  Kansas  for  a  penalty 
of  not  less  than  $100  nor  more  than  $200  for  each  offense, 
and  such  penalties  shall  be  recovered  and  suits  thereof 
shall  be  brought  in  the  name  of  the  State  of  Kansas  in 
a  court  of  competent  jurisdiction  in  any  county  in  the 
State  into  or  through  which  any  such  railroad  may  run, 
by  the  attorney-general  or  under  his  direction,  or  by  the 
prosecuting  attorney  of  the  proper  county  through  or  into 
or  out  of  which  trains  may  be  operated  by  said  company; 
and  upon  complaint  being  made  to  the  commissioner  of 
labor,  he  is  thereby  authorized  to  Investigate  such  com- 
plaint, and  shall  be  empowered  to  examine  the  train  sheets, 
registers  and  dispatcher's  reports,  and  to  hear  such  other 
evidence  as  may  be  offered  by  officers  or  employes  of  such 
railroad  company,  to  determine  whether  such  complaint  is 
well  founded;  and  If  the  complaint  appears  to  be  well 
founded,  it  shall  be  the  duty  of  said  commissioner  of  labor 
to  file  a  complaint  before  the  county  attorney  of  the  proper 
county  through  which  said  company  may  operate. 

TELEGRAPHIC    COMMUNICATION     WITH     DISPATCH- 
ER'S OFFICE. 

Where  communication  must  be  maintained.  §  1.  From 
and  after  the  taking  effect  of  this  Act,  for  the  convenience 
and  accommodation  of  the  patrons  of  the  railroad  com- 
panies, at  all  stations  in  this  State  where  telegraphic  com- 
munication is  maintained  and  where  the  services  of  a 
telegrapher  are  required  by  the  railroad  company,  each  and 
every  railroad  company  doing  business  in  this  State  shall 
be  required  to  maintain  telegraphic  communication  from 
every  such  station  with  the  dispatcher's  office  in  each  of 
the  various  railroad  divisions  in  the  State  of  Kansas. 

Penalty  for  failure  to  maintain  communication.  %  2. 
Every  railroad  company  which  shall  fail  or  neglect  to  com- 
ply with  the  provisions  of  §  1  of  this  Act  within  30  days 
after  the  passage  and  publication  of  the'  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  $10 
nor  more  than  $50  and  costs  of  prosecution. 

Whose  duty  to  enforce.  §  3.  It  shall  be  the  duty  of  the 
county  attorney,  the  State  board  of  railroad  commissioners, 
the  attorney  for  the  State  board  of  railroad  commissioners 
and  the  attorney-general  to  see  that  the  provisions  of  this 
Act  are  enforced. 


■678 


Natioxal  Association  of  Eailwat'  Commissioners 


DEMURRAGE  RATES. 

Railroads  prohibited  from  combining  on.  §  7131.  Every 
railroad  corporation  doing  business  in  the  State  of  Kansas 
Is  hereby  prohibited  from  using  or  employing  a  common 
agent,  bureau,  corporation  or  concern  of  two  or  more 
independent  railroad  corporations  to  make  or  collect  de- 
murrage rates  for  any  such  railroad  corporations,  and  all 
railroad  corporations,  their  agents,  bureaus,  corporations, 
partnerships  and  associations  are  prohibited  from  making, 
fixing,  circulating,  furnishing  or  settling  said  demurrage 
rates  for  any  railroad  corporation  doing  business  in  the 
State  of  Kansas. 

Penalty.  §  7132.  Every  railroad  corporation,  bureau, 
corporation,  association  or  partnership,  and  every  person, 
officer,  agent  and  employe  thereof,  violating  any  of  the 
provisions  of  §  1  of  this  Act,  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  $100  for  each  offense. 

Duty  of  attorney-general.  §  7133.  It  is  made  the  duty 
of  the  attorney-general,  on  obtaining  information  of  any 
violation  of  the  provisions  of  this  Act,  at  once  to  commence 
criminal  action  for  the  punishment  of  the  offender. 

RAILROADS  CONFISCATING  COAL. 

Must  notify  and  pay  double  price.  §  7134.  Whenever 
any  railroad  company  or  common  carrier  shall  confiscate, 
convert  or  divert  to  its  own  use  any  car  or  cars  of  coal 
which  have  been  delivered  to  it  or  its  agents  or  employes 
for  transportation,  it  shall  within  three  days  thereafter 
notify  the  consignee  of  such  confiscation,  and  shall  within 
30  days  thereafter  pay  to  the  consignee  thereof  twice  the 
invoice  price,  if  consignee  has  received  such  invoice;  if 
not,  twice  the  regular  market  value  at  point  of  origin  of 
shipment  of  such  car  or  cars  of  coal  so  confiscated. 

To  lohom  payment  shall  be  made.  §  7135.  If  such  car 
or  cars  of  coal  shall  have  been  billed  to  shipper's  order, 
then  payment  shall  be  made  to  the  person  or  persons, 
firm  or  corporation  for  whom  such  coal  was  intended. 

Attorney's  fee.  §  7136.  In  case  payment  for  such  car 
or  cars  of  coal  shall  not  be  made  within  30  days  after  the 
same  has  been  confiscated,  converted  or  diverted  to  the 
use  of  any  railroad  company  or  common  carriers,  then  the 
consignee  may  recover  a  reasonable  attorney  fee,  in  addi- 
tion to  the  amount  provided  in  §  1  of  this  Act. 

WEIGHING  COAL  TO  BE  SHIPPED. 

€oal  must  be  weighed.  §  7137.  That  each  and  every 
railway  company  operating  a  railway  wholly  or  partly 
Tvithin  this  State  shall  weigh  each  and  every  car  of  coal 
intended  for  shipment  over  their  line  before  and  after 
Ijejng  loaded. 

Manner  of  weighing.  §  7138.  The  empty  car  or  cars  to 
be  loaded  shall  be  detached  from  the  engine  and  other 
cars  and  weighed  within  24  hours  before  loading,  and  after 
the  said  car  is  loaded  it  shall  be  detached  from  the  engine 
and  other  cars  and  weighed  within  48  hours  after  being 
loaded. 

Certificate  of  weight.  §  7139.  A  certificate  of  the 
weights  of  each  car  so  weighed,  showing  the  date  of 
weighing  said  car  empty  and  the  weight  of  same,  and 
the  date  of  weighing  said  car  loaded  and  the  weight  of 
same,  and  the  net  weight  and  number  of  said  car,  shall 
be  issued  by  the  weighmaster  and  attached  to  the  waybill 
covering  the  said  shipment.  At  the  destination  this  certifi- 
cate shall  be  attached  to  the  freight  expense  bill  and  shall 
become  a  part  of  the  same,  and  shall  be  delivered  to  the 
consignee  on  the  payment  of  all  the  freight  charges. 

Weighmaster — Bond  and  liability.  %  7140.  A  competent 
weighmaster  shall  be  employed  by  said  railway  companies, 
and  said  weighmaster  shall  subscribe  an  oath  or  affirma- 
tion before  an  authorized  officer  and  give  good  and  suflB- 
cient  bond  in  the  sum  of  $1,000  to  his  employer  that  he  will 
perform  his  duties  in  accordance  with  this  Act  in  every 
particular;  and  any  weighmaster  or  person  so  employed 
under  this  Act  who  shall  violate  any  of  the  provisions  of 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $100  nor  more  than  $500  for  each  offense,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  six  months, 
or  by  both  said  fine  and  imprisonment. 


Penalty.  §  7141.  Any  railway  company  neglecting  to 
weigh  coal  as  provided  by  this  Act  shall  be  liable  to  a  fine 
of  $100  for  each  and  every  car  not  so  weighed,  to  be 
recovered  in  an  action  brought  in  the  name  of  the  State 
in  any  court  of  competent  jurisdiction. 

TRAINS  OBSTRUCTING  HIGHWAYS. 

Within  one-half  mile  of  town.  §  7142.  Each  and  every 
railroad  company  or  any  corporation  leasing  or  otherwise 
operating  a  railroad  in  Kansas  is  hereby  prohibited  from 
allowing  its  trains,  engines  or  cars  to  stand  upon  any  public 
road  within  one-half  mile  of  any  incorporated  or  unincor- 
porated city  or  town,  station  or  flag  station,  or  upon  any 
crossing  or  street,  to  exceed  10  minutes  at  any  one  time 
without  leaving  an  opening  in  the  traveled  portion  of  the 
public  road,  street  or  crossing  of  at  least  30  feet  in  width. 

Penalty.  §  7143.  Any  person  or  employe  of  any  rail- 
road company  or  corporation  operating  a  line  of  railroad 
in  Kansas  failing  or  neglecting  to  comply  with  §  1  of  thin 
Act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  $5  nor  moro 
than  $25. 


LIEN  FOR  PURCHASE-MONEY  ON  SALE  OF  RAILROAD 
PROPERTY. 


% 


Lien  contract  provided  for.  §  7144.  In  any  contract  foi' 
the  sale  of  railroad  or  street  railway  equipment  or  rollint 
stock  it  shall  be  lawful  to  agree  that  the  title  to  th« 
property  sold  or  contracted  to  be  sold,  although  possessloi 
thereof  may  be  delivered  immediately  or  at  any  time  oi 
times  subsequently,  shall  not  vest  in  the  purchaser  unti 
the  purchase  price  shall  be  fully  paid,  or  that  the  sellei 
shall  have  and  retain  a  lien  thereon  for  the  unpaid  pur 
chase  money.  And  in  any  contract  for  the  leasing  oi 
hiring  of  such  property  it  shall  be  lawful  to  stipulat< 
for  a  conditional  sale  thereof  at  the  termination  of  suet 
contract,  and  that  the  rentals  or  amounts  to  be  received 
under  such  contract  may,  as  paid,  be  applied  and  treated 
as  purchase  money,  and  that  the  title  to  the  property  shai: 
not  vest  in  the  lessee  or  bailee  until  the  purchase  price 
shall  have  been  paid  in  full,  and  until  the  terms  of  the 
contract  shall  have  been  fully  performed,  notwithstanding 
delivery  to  and  possession  by  such  lessee  or  bailee;  pro 
vided,  that  no  such  contract  shall  be  valid  as  against  ana 
subsequent  judgment  creditor,  or  any  subsequent  bona  fim 
purchaser  for  value  and  without  notice,  unless  (1)  thf 
same  shall  be  evidenced  by  an  instrument  executed  bj 
the  parties  and  duly  acknowledged  by  the  vendee  ol 
lessee  or  bailee,  as  the  case  may  be,  or  duly  proved 
before  some  person  authorized  by  law  to  take  acknowl 
edgement  of  deeds,  and  in  the  same  manner  as  deedf 
are  acknowledged  or  proved;  (2)  such  instrument  shal 
be  filed  for  record  in  office  of  the  secretary  of  State  of 
this  commonwealth;  (3)  each  locomotive  engine  or  cai 
so  sold,  leased  or  hired,  or  contracted  to  be  sold,  leasee 
or  hired,  as  aforesaid,  shall  have  the  name  of  the  ven 
dor,  lessor  or  bailor  plainly  marked  on  each  side  there 
of,  followed  by  the  word  "owner,"  or  "lessor,"  or  "bailor," 
as  the  case  may  be. 

Record  of  contracts.     §  7145.    The  contracts  herein  au 
thorized  shall  be  recorded  by  the  secretary  of  State  ir 
a  book  of  records  to  be  kept  for  that  purpose.     And  or 
payment  in  full  of  the  purchase  money,  and  the  perform 
ance  of  the  terms  and  conditions  stipulated  in  any  suet 
contract,   a  declaration  in   writing  to  that  effect  may  b« 
made    by    the    vendor,    lessor    or    bailor,    or    his    or    its 
assignee,  which  declaration  may  be  made  on  the  margir 
of   the  record  of  the  contract,  duly  attested,  or  it  maj 
be   made   by  a  separate   instrument,   to   be  acknowledged 
by   the    vendor,    lessor   or   bailor,   or  his   or  its   assignee 
and   recorded   as   aforesaid.     And   for  such   services   tlj 
secretary   of   State    shall   be  entitled   to   a   fee  of   $2   ft 
recording  each  of  said  contracts  and  each  of  said  decl 
rations,  and  a  fee  of  $1  for  noting  such  declaration  on  tl 
margin  of  the  record. 

Prior  contracts.  §  7146.  This  act  shall  not  be  held  1 
invalidate  or  affect  in  any  way  any  contract  heretofO( 
made  of  the  kind  referred  to  in  the  first  section  bereo 
and  any  such  contract  heretofore  made  may,  upon  co: 
pliance  with  the  provisions  of  this  Act,  be  recorded 
herein  provided. 


1 


Public  Service  Laws 


579 


STREET  RAILROADS. 

Height  of  trolley  wire.  §  7147.  All  street  railway  com- 
panies or  corporations  operating  cars  by  electricity  or 
by  overliead  wires  shall  construct  and  maintain  its  wires 
at  a  height  of  not  less  than  21  feet  above  the  top  of 
the  rail  of  the  railroad  track  crossed  by  such  street 
railway  company. 

Must  stop  at  railroad  crossing.  §  7148.  It  shall  be  the 
duty  of  every  street  railway  company  or  corporation 
operating  a  street  railway  across  the  tracks  of  a  railroad 
company  to  bring  its  cars  to  a  full  stop  at  least  10  and 
not  more  than  20  feet  before  reaching  the  tracks  of 
the  railroad  company,  unless  a  flagman  is  kept  at  said 
crossing. 

ELECTRIC  RAILWAYS  AND  ELECTRIC-LIGHT  PLANTS. 

§  7149.  Every  street  railway  company,  interurban 
railway  company  or  other  railway  company  operated  by 
electricity  in  the  State  of  Kansas,  and  every  corporation 
or  person  engaged  in  operating  any  such  railway,  are 
hereby  authorized  and  permitted  to  establish  and  oper- 
ate, along  the  line  of  said  railway,  electric  light  plants 
for  the  purpose  of  furnishing  to  the  cities,  towns  and 
people  along  said  railway  company,  electric  current  for 
lighting  purposes. 

Franchise  must  6e  procured.  §  7149a.  This  statute 
shall  not  be  construed  as  authorizing  any  railway  com- 
pany to  establish  and  operate  a  light  plant  in  a  city  of 
the  first  or  second  class  until  a  franchise  for  that  pur- 
pose shall  have  first  been  obtained  from  such  city. 

ACCOMMODATIONS  ON  STREET  RAILWAYS. 

Vestibule  for  motorman.  §  7150.  It  shall  be  unlawful 
for  any  street  or  interurban  car  company,  or  other  per- 
son, association  or  corporation,  who  own,  control  or 
operate  any  street  or  interurban  car  system  in  whole  or 
in  part  within  the  State  of  Kansas,  to  run  or  operate  its 
cars  in  the  regular  service  of  carrying  passengers  dur- 
ing the  months  of  November,  December,  January,  Febru- 
ary and  March,  without  first  providing  an  inclosed  vesti- 
bule, which  shall  provide  a  sufficient  shelter  for  the 
motorman  or  other  employe  used  to  operate  the  propeling 
power  on  said  car.  Said  vestibule  shall  be  heated  in 
the  same  manner  as  the  interior  of  said  car  at  all  times. 
And  it  is  further  provided  that  a  seat  shall  be  furnished 
for  the  use  of  the  motorman  on  said  car  or  cars,  and 
said  motorman  shall  be  permitted  to  use  the  same,  under 
reasonable  restrictions  by  said  company,  when  the  use 
of  the  same  will  not  interfere  with  the  proper  perform- 
ance of  his  duty. 

Toilet  on  interurban  cars.  §  7151.  Every  such  street 
or  interurban  car  company,  or  other  person,  association 
or  corporation,  who  own,  control  or  operate  any  street 
or  interurban  car  system  in  whole  or  in  part  within 
the  State  of  Kansas,  shall  provide  and  maintain  proper 
toilet  facilities  on  said  interurban  cars  or  at  convenient 
places  along  its  right  of  way,  for  the  use  of  its  em- 
ployes and  passengers,  and  to  which  such  employes  and 
passengers  shall  have  access. 

Penalty.  §  7152.  Every  corporation,  oflScer,  owner  or 
manager  of  any  such  street  or  interurban  car  company 
who  shall  fail  or  refuse  to  comply  with  the  provisions 
of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  $5  nor  more  than  $25  for  each  offense,  and 
the  operation  of  a  car  at  any  one  time  during  any  one 
day  in  violation  of  §§  1  and  2  shall  be  deemed  a  violation 
of  this  Act. 

MAXIMUM  FREIGHT  RATES. 

On  carloads.  §  7153.  That  from  and  after  the  taking 
effect  of  this  Act  it  shall  be  unlawful  for  any  railroad  com- 
pany in  the  State  of  Kansas  to  charge,  exact  or  receive  for 
the  transportation  of  any  of  the  commodities  hereinafter 
named  in  carload  lots  between  stations  in  Kansas  in 
excess   of  the   rates   provided    in   the   following   schedule: 

Rate  sheets  to  &e  published.  §  7154.  Within  thirty  days 
after  the  taking  effect  of  this  Act  every  railroad  company 
operating  in  the  State  of  Kansas  shall  make  and  publish 
tariff  rate  sheets  for  the  transportation  of  the  commodi- 
ties mentioned  in  §  1  hereof,  showing  that  such  railroad 
company  has  complied  with  the  terms  of  this  Act,  and 
putting  in  effect  tariff  rates  as  herein  required. 


Bond  on  injunction.  §  7155.  That  in  case  any  railroad 
company  or  common  carrier  or  other  person  shall  enter 
suit  to  test  the  validity  of  the  rates  prescribed  by  this 
Act,  no  injunction  or  interlocutory  order  shall  be  issued 
by  any  court  in  said  action  enjoining  or  restraining  the 
officers  of  the  State  of  Kansas  from  enforcing  the  provi- 
sions of  this  Act  or  any  railroad  company  or  common 
carrier  from  putting  said  rates  into  effect,  unless  the 
court  granting  said  injunction  or  interlocutory  order  shall 
require  the  party  applying  for  said  injunction,  restrain- 
ing or  interlocutory  order  to  enter  into  a  bond,  in  an 
amount  to  be  fixed  by  the  court  or  judge,  to  indemnify 
all  shippers  and  patrons  of  said  railroad  company  or 
common  carrier  against  loss  on  account  of  any  rate  in 
effect  in  place  of  the  rates  fixed  by  this  Act;  provided, 
that  if  any  of  the  items  of  this  bill  shall  be  held  to  be 
invalid  for  any  reason  it  shall  not  be  held  to  invalidate 
the  other  portions   thereof. 

MAXIMUM  FREIGHT  RATES  ON  GRAINS,  ETC. 

Rates  fixed.  §  7156.  Tariff  rates  for  the  transporta- 
tion of  wheat,  corn,  rye,  oats,  barley,  millet  seed  and 
Kaflir  corn,  and  the  products  thereof,  and  alfalfa  seed, 
in  force  January  1,  1907,  charged  and  received  by  any 
common  carrier  in  Kansas,  between  points  in  Kansas, 
are  hereby  reduced  15  per  centum.  From  and  after  30 
days  from  the  date  of  the  passage  of  this  Act  it  shall 
be  unlawful  for  any  common  carrier  in  Kansas  to 
charge,  exact  or  receive  for  the  transportation  of  wheat, 
corn,  rye,  oats,  barley,  millet  seed,  Kaffir  corn,  and  the 
products  thereof,  and  alfalfa  seed,  between  points  in 
Kansas,  more  than  85  per  centum  of  the  rates  in  force 
on  said  date,  charged  and  received  by  such  common  car- 
rier for  such  transportation.  Where  the  reduction  is 
less  than  one-fourth  of  a  cent,  it  shall  be  dropped;  where 
between  one-fourth  and  three-fourths  of  a  cent,  both  in- 
clusive, it  shall  count  as  one-half  of  one  cent;  where 
more  than  three-fourths  of  one  cent,  it  shall  count  as 
one  cent;  provided,  the  charges  named  herein  shall'  in- 
clude at  least  one  stop-over  privilege  for  reconsignnient, 
or  for  milling,  shelling,  cleaning  or  storing,  good  for 
six  months. 

Rate  sheets  to  be  published.  §  7157.  Within  thirty  days 
from  the  taking  effect  of  this  Act,  every  common  car- 
rier in  Kansas  shall  make  and  publish  tariff  rate  sheets 
for  the  transpoi-tation  of  wheat,  corn,  rye,  oats,  barley, 
millet  seed,  Kafir  corn,  and  the  products  thereof,  and 
alfalfa  seed,  showing  that  such  common  carrier  has  com- 
plied with  the  terms  of  this  Act,  and  putting  -in  effect 
tariff  rates  as  herein  required. 

Rate  sheets  to  be  filed  tcith  board.  §  7158.  Copies  of 
such  tariff  rate  sheets  shall  be  filed  with  the  board  of 
railroad  commissioners,  and  it  shall  be  the  duty  of 
said  board  to  carefully  examine  said  rates  and  com- 
pare them  with  the  rates  in  force  January  1,  1907,  for 
the   purpose  of   enforcing  the  provisions  of  this  Act. 

Penalties.  §  7159.  Except  as  otherwise  specifically  pro- 
vided for  in  this  Act,  any  common  carrier  subject  to  its 
provisions,  or  whenever  such  common  carrier  is  a  corpo- 
ration, any  director  or  officer  thereof,  -or  any  receiver, 
trustee,  lessee,  agent  or  person  acting  for  or  employed 
by  such  corporation,  who  alone,  or  with  any  corporation, 
company,  person,  or  party,  shall  wilfully  do  or  cause  to 
be  done,  or  who  shall  wilfully  suffer  or  permit  to  be 
done,  any  act,  matter  or  thing  in  this  Act  prohibited 
or  declared  to  be  unlawful,  or  who  shall  aid  or  abet 
therein,  or  who  shall  wilfully  omit  or  fail  to  do  any  act, 
matter  or  thing  in  this  Act  required  to  be  done,  or 
directed  or  required  by  this  Act  to  be  done,  not  to  be 
so  done,  or  who  shall  aid  or  abet  any  such  omission  or 
failure,  or  shall  be  guilty  of  any  infraction  of  this  Act, 
or  shall  aid  or  abet  therein,  shall  be  deemed  guilty  of 
a  misdemeanor,  be  subject  to  a  fine  of  not  more  than 
$5,000  and  not  less  than  ?500  for  each  offense. 

TRANSPORTING  MILITIA. 
Rate  of  one  cent  prescribed.  §  7160.  That  whenever  it 
shall  be  necessary  for  any  or  all  of  the  officers  or  men 
of  the  Kansas  National  Guard  or  the  Kansas  reserve 
militia  to  travel  upon  any  railroad  in  this  State  under 
orders  from  competent  authority  to  perform  military 
duty,  such  railroad  shall  furnish  transportation  at  the 
rate   of    1    cent   iier   mile   for   the   whole    distance   to   be 


580 


Natioxal  Association  of  Eailway  Commissioners 


traveled  upon  such  railroad  or  railroads  for  each  officer 
or  enlisted  man  so  carried;  and  all  station  or  ticket 
agents  or  conductors  shall  sell  first-class  tickets  or 
furnish  flrst-class  passage  at  the  rate  named,  upon  being 
notitled  that  such  officer  or  officers  or  enlisted  men  are 
traveling  upon  military  duty.  Such  notification  must  be 
issued  by  the  adjutant-general,  and  may  by  telegraph 
or  by  filing  a  copy  of  the  order  issued  by  the  adjutant- 
general  for  such  transportation  with  the  station  or  ticket 
agent  or  conductor.  Tnis  rate  shall  apply  to  officers  or 
men  traveling  under  orders,  either  single  or  in  com- 
panies, so  that  whenever  one  or  more  members  of  the 
Guard  shall  present  an  order  for  transportation  issued 
by'  the  adjutant-general  it  shall  be  honored  by  the  ticket 
agent  or  by  the  conductor  and  received  in  lieu  of  fare, 
and  when  presented  by  the  railroad  companies  to  the 
military  board  and  audited,  to  be  paid  at  once  at 
the  fixed  rate. 

Freight  rates  prescribed.  §  7161.  Whenever  it  shall  be 
necessary  to  transport  the  stores,  material,  camp  equip- 
age, horses  or  arms  belonging  to  the  military  department 
of  the  State,  or  any  portion  thereof,  the  railroad  "or  rail- 
roads of  this  State  over  which  the  same  may  be  trans- 
ported shall  charge  not  to  exceed  1  cent  per  mile  per 
ton  for  the  whole  distance  transported. 

Penalties.  §  7162.  Any  railroad  a^ent  or  officer  thereof, 
or  any  person  whose  duty  it  is  to  transport  or  carry 
passengers  or  baggage  thereon,  who  shall  wilfully  refuse 
to  transport  or  furnish  the  means  for  transporting  any 
of  the  troops  of  this  State  when  ordered  out  by  the 
governor,  or  any  of  the  military  stores  or  baggage  car- 
ried by  said  troops,  on  the  terms  prescribed  by  the  Act 
to  which  this  section  is  amendatory,  shall  be  guilty  of 
a  misdemeanor,  and  oi  conviction  thereof  before  any 
court  of  competent  jurisdiction  shall  be  fined  in  a  sum 
not  less  than  $50  nor  more  than  $500  for  each  offense. 
And  any  railroad  company  who  [which]  shall  refuse  to 
transport  said  troops  as  aforesaid,  or  refuse  to  permit 
its  agents  or  employes  to  transport  the  said  troops  or 
furnish  means  of  transporting  them,  shall  be  liable  to 
the  State  of  Kansas  in  a  penal  sum  of  $500  for  each 
violation  of  the  law,  to  be  recovered  in  a  civil  action 
in  the  name  of  the  State  of  Kansas,  and  to  be  prosecuted 
by  the  attorney-general  or  county  attorney  of  the  proper 
county.  Should  any  county  attorney,  upon  proper  com- 
plaint made  and  verified,  neglect,  decline  or  refuse  to 
prosecute  any  person  or  persons  violating  the  provis- 
ions of  said  Act,  any  court,  judge  or  justice  of  the  peace 
having  jurisdiction  of  the  offense  may  appoint  an  at- 
torney at  law  to  conduct  said  prosecution,  who  shall 
receive  a  fee  of  not  less  than  $10  nor  more  than  $50 
in  each  case  where  conviction  shall  be  had — said  fee 
to  be  fixed  by  the  court  and  taxed  as  costs  in  said 
action;  but  in  no  event  shall  the  county  be  liable  for 
said  fee. 

MAXIMUM  RATES  ON  OIL. 
Rates  prescribed.  §  7163.  From  and  after  the  taking 
effect  of  this  Act,  it  shall  be  unlawful  for  any  common 
carrier  in  the  State  of  Kansas  to  charge,  exact  or  receive 
for  the  transportation  of  illuminating  oil,  gasoline,  fuel 
oil  or  crude  petroleum,  in  cans,  barrels,  tanks,  or  tank 
cars,  between  any  points  within  the  State  of  Kansas,  in 
excess  of  the  following  rates  for  each  100  pounds: 

Column  1,     Column  2, 
single-line     double-line 
Distance,  miles —  rates,  cents,  rates,  cents. 

6  and  less 2.5  4.0 

10  and  over       6 3  4.5 

15  and  over     10 3.5  5 

20  and  over     15 4  5.5 

30  and  over     20 4.5  6 

40  and  over     30 5  6.5 

50  and  over    40 5.5  7 

60  and  over     50 6  7.5 

80  and  over     60 6.5  8 

100  and  over     80 7  8.5 

125  and  over  100 7.5  9 

150  and  over  125 8  9.5 

175  and  over  150 8.5  9.5 

200  and  over  175 9  lo 

225  and  over  200 9.5  10 

250  and  over  225 10  10.5 

Over   250 10.5  10.5 


When  distance  is  over  250  miles,  in  addition  to  abot 
rates  add  below: 

Rates. 
Distance,  miles —  Cents. 

50  and  less i.o 

100  and  over    50 2 

150  and  over  100 3 

200  and  over  150 4 

250  and  over  200 5 

300  and  over  250 5  5 

Over   300 '. 6 

How  rates  are  to  be  computed.  §  7164.  The  rates  for 
each  and  every  can,  barrel  or  tank  shall  be  computed 
on  the  actual  weight  of  such  can,  barrel  or  tank  and 
the  contents  thereof;  the  weight  upon  every  tank  car 
shall  be  computed  upon  the  contents  of  such  tank  car, 
and  every  such  tank  car  shall  be  permitted  to  contain 
an  amount  equal  to  its  full  capacity.  Every  common 
carrier  which  shall  fail  or  refuse  to  accept  for  shipment 
or  to  properly  ship  or  deliver  the  products  named  in 
§  1  hereof,  or  which  shall  demand,  exact  or  receive  lor 
such  transportation  or  delivery  any  sum  in  excess  of  the 
rates  herein  made  lawful,  shall  be  liable  to  any  person 
injured  thereby  in  the  sum  of  $500  as  liquidated  dam- 
ages, to  be  recovered  by  an  action  in  any  court  of  com- 
petent jurisdiction,  together  with  a  reasonable  attorney's 
fee,  to  be  fixed  by  the  court. 

Penalties.  §  7165.  Provided,  that  every  such  common 
carrier  which  shall,  either  directly  or  Indirectly,  give  aiy 
rebate  to  any  such  shipper,  or  ship  or  agree  to  ship  a  ly 
of  the  products  mentioned  in  this  Act  for  a  rate  l«ss 
than  that  lawfully  charged  to  other  shippers  under  li  ce 
circumstances,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  the  si  m 
of  not  less  than  $500,  and  forfeit  its  charter  to 
business  in  this  State. 

EMPLOYERS'   LIABILITY  ACT— 1911. 
CHAPTER   239.     LIABILITY   IN   CASE   OF   INJURY 
EMPLOYES  IN  CERTAIN  CASES. 

An  Act  relating  to  the  liability  of  common  carriers  by  rail^ 
roads  to  their  employes  in  certain  cases,  and  repeal 
all  Acts  and  parts  of  Acts  so  far  as  the  same  are}i| 
confiict  herewith. 
Be  it  enacted  by  the  legislature  of  the  State  of  Kansas: 
§  1.  That  every  company,  corporation,  receiver 
other  person  operating  any  railroad  in  this  State  shall  10 
liable  in  damages  to  any  person  suffering  injury  wh:  le  • 
he  is  employed  by  such  carrier  operating  such  railro  id 
or,  in  case  of  death  of  such  employe,  to  his  or  her  p<  r- 
sonal  representative  for  the  benefit  of  the  survivi  ig 
widow  and  children,  or  husband  and  children,  or  childrt  n, 
or  mother  or  father  of  the  deceased,  and,  if  none,  th  m 
the  next  of  kin  dependent  upon  such  employe  for  su  :h 
injury  or  death  resulting  in  whole  or  in  part  from  t  le 
negligence  of  any  of  the  officers,  agents  or  employ  ;s 
of  such  carrier;  or  by  reason  of  any  insufficiency  of 
clearance  of  obstructions,  of  strength  of  roadbed  aid 
tracks  or  structure,  of  machinery  and  equipment,  of 
lights  and  signals,  or  rules  and  regulations  and  of  nu  n- 
her  of  employes  to  perform  the  particular  duties  wi:h 
safety  to  themselves  and  their  co-employes,  or  of  aiy 
other  insufficiency,  or  by  reason  of  any  defect,  whi  ;ii 
defect  is  due  to  the  negligence  of  said  employer,  :  ts 
officers,  agents,  servants  or  other  employes  in  its  ca:'S_ 
engines,  motors,  appliances,  machinery,  track,  roadUfl| 
boats,    works,    wharves   or   other   equipment.  ^fl 

§2.  That  in  all  actions  thereafter  brought  again  s5" 
any  such  common  carrier  by  railroad  under  or  by  virt  le 
of  any  of  the  provisions  of  this  Act  to  recover  damages 
for  personal  injuries  to  an  employe,  or  where  such  n- 
juries  have  resulted  in  his  death,  the  fact  that  the  em- 
ploye may  have  been  guilty  of  contributory  negligence 
shall  not  bar  a  recovery,  but  the  damages  shall  be 
diminished  by  the  jury  in  proportion  to  the  amount  of 
negligence  attributable  to  such  employe;  provided,  that 
no  employe  who  may  be  injured  or  killed  shall  be  held 
to  have  been  guilty  of  contributory  negligence  in  any 
case  where  the  violation  by  such  commcn  carrier,  its 
officers,  agents,  servants  or  other  employes  of  any  Federal 


PuBLTc  Service  Laws 


581 


or  State  statute  enacted  for  the  safety  of  employes 
contributed  to   the   injury   or   death  of  such  employe. 

§  3.  That  any  acticn  brought  against  any  common 
carrfer.  under  or  by  virtue  of  any  of  the  provisions  of 
■this  Act,  to  recover  damages  for  injuries  to,  or  the  death 
of  any  of  its  employes,  such  employes  shall  not  be  held 
to  have  assumed  the  risk  of  his  employment  in  any 
case  where  the  violation  by  such  common  carrier,  its 
ofBcers,  agents,  servants  or  other  employes  of  any 
Federal  or  State  statute  enacted  for  the  safety  of  em- 
ployes contributed  to  the  injury  or  death  of  such  em- 
ploye. 

§  4.  That  any  contract,  rule,  regulation  or  device 
whatsoever,  the  purpose  or  intent  of  which  shall  be  to 
enable  any  common  carrier  to  exempt  itself  from  any 
liability  created  by  this  Act,  shall  to  that  extent  be  void; 
provided,  that  in  any  action  brought  against  any  common 
carrier  under  or  by  virtue  of  any  of  the  provisions  of 
this  Act,  such  common  carrier  may  set  off  therein  any 
sum  contributed  or  paid  to  any  insurance,  relief,  benefit 
or  indemnity  that  may  have  been  paid  to  the  injured 
employe  or  the  person  entitled  thereto  on  account  of 
the  injury  or  death  for  which  said  action  was  brought. 

§  5.  That  any  right  of  action  given  by  this  Act  to 
a  person  suffering  injury  shall  survive  to  his  or  her 
personal  representatives,  for  the  benefit  of  those  en- 
titled to  recover  under  this  Act,  but  in  such  cases  there 
shall   be   only   one   recovery   for  the   same    injury. 

§  6.  That  all  Acts  or  parts  of  Acts,  so  far  as  the  same 
are   in    conflict   herewith,   are  hereby    repealed. 

§  7.  This  Act  shall  be  in  force  and  take  effect  from 
and    after    its    publication    in    the    statute    book. 

Approved   March   7,   1911. 

CARRIER'S  LIABILITY  FOR  LOSS  OF  FREIGHT— 1911. 

An  Act  defining  common  carriers  and  "connecting  lines  and 
fixing  the   liability  thereof. 

Be  it  enacted  'by  the  legislature  of  the  State  of  Kansas: 

§  1.  That  any  common  carrier  receiving  property  for 
transportation  from  one  point  in  this  State  to  another 
point  in  this  State  shall  issue  a  receipt  or  bill  of  lading 
therefor  and  such  carrier  or  any  other  common  car- 
rier to  which  said  property  may  be  delivered  or  over 
whose  line  or  lines  such  property  may  pass  shall  be 
liable  to  the  owner  of  such  property  for  any  loss,  dam- 
age or  injury  caused  by  any  one  or  more  of  said  carriers, 
and  no  ccntract,  rule  or  regulation  shall  exempt  any  of 
such  common  carriers  from  the  liability  hereby  im- 
posed: provided,  that  nothing  in  this  section  shall  de- 
prive any  owner  of  such  property  or  any  holder  of  such 
receipt  or  bill  of  lading  of  any  remedy  cr  right  of  action 
which  he  has  under  existing  law.  That  the  common 
carrier  which  shall  pay  such  loss,  damage  or  injury 
shall  be  entitled  to  recover  from  the  common  carrier  on 
whose  line  or  lines  the  loss,  damage  or  injury  shall 
have  been  sustained  the  amcunt  of  such  loss,  damage 
or  injury,  as  it  may  be  required  to  pay  to  the  owner  of 
such  property,  as  may  be  evidenced  by  any  receipt, 
judgment  or  transcript   thereof. 

§  2.  That  any  common  carrier,  railroad  or  transporta- 
tion company  subject  to  the  provisicns  of  this  Act  which 
shall  fail,  neglect  or  refuse  to  pay  any  liability  hereby 
imposed  for  60  days  after  demand  therefor  shall  be  liable 
to  ther  owner  of  such  property  so  lost,  damaged  or  injured 
for  a  reasonable  attorney's  fee,  to  be  fixed  by  the  court 
and  recovered  as  a  part  of  the  judgment  in  any  action 
brought  under  this  Act. 

§  3.  The  demand  'provided  for  in  this  Act  may  be 
made  on  the  station  agent  of  the  common  carrier,  rail- 
road or  transportation  company  at  the  station  where 
said  property  was  received  by  it,  or  on  its  freight  auditor 
or  freight   claim  agent. 

§  4.  That  any  action  under  this  Act  to  recover  dam- 
ages sustained  by  any  shipper  of  freight,  baggage  or 
other  property,  upon  the  application  of  the  defendant 
In  such  action,  the  court  may  make  party  to  such  action 
any  common  carrier  or  carriers  to  which  such  freight, 
baggage  or  other  property  shall  have  been  delivered 
while  being  shipped  or  transported  to  the  consignee 
thereof,  and,  upon  judgment  being  rendered  in  favor  of 
the   plaintiff  and  against  the   defendant,   such   defendant 


shall  have  judgment  in  the  same  amounts  as  against  the 
carrier  or  carriers  through  whose  fault  or  negligence 
the  loss,  damage  or  injury  occurred.  Upon  such  carrier 
or  carriers  being  so  made  parties  in  any  court  in  this 
State,  summons  shall  issue  to  such  carrier  or  carriers  in 
any  other  county  in  this  State  upon  the  precipe  of  the 
defendant  named  in  said  action,  which  summons  shall 
be  issued,  served  and  returned  in  the  same  manner  as 
a  summons  issued  at  the  commencement  of  an  action 
and  shall  notify  the  carrier  or  carriers  so  made  parties 
that  the  defendant  named  in  said  action  has  been  used 
by  the  plaintiff,  naming  him,  for  damage  on  account  of 
loss,  damage  cr  injury  to  freight,  baggage  or  other  prop- 
erty and  that  in  the  event  that  judgment  is  rendered 
against  the  said  defendant,  such  defendant  will  take 
judgment  in  the  same  amounts  in  said  action  against 
the  carrier  or  carriers  so  made  parties   to  said   action. 

§  5.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  publication  in  the  statute  book. 

Approved   March    14,   1911. 

FOR  THE  PROTECTION  OF  DOMESTIC  ANIMALS— 1911. 

Ax  Act  for  the  protection  of  domestic  animals  and  repeal- 
ing chapter  144  of  the  session  laws  of  1883;  §  §  3,  4,  5, 
6,  7,  8,  9,  10,  11,  12,  13,  14,  18,  19,  21,  22,  28,  29,  30 
of  chapter  495  of  the  session  laws  of  1905;  406  of  the 
session  laws  of  1907;  and  chapter  169  of  the  session 
laws  of  1909. 

Be  it  enacted  iy  the  legislature  of  the  State  of  Kansas: 


Carrier's  duty  to  disinfect,  etc.  §  12.  That  it  shall  be 
the  duty  of  the  railway  corporations  doing  business  in 
this  State  to  cleanse  and  disinfect  the  cars,  stock  yards 
and  receiving  pens  used  by  them  in  transporting  stock 
in  this  State  at  such  times  and  places  as  the  commis- 
sioner may  designate,  whenever,  in  the  opinion  of  the 
commissioner,  any  such  order  may  be  necessary,  to  pre- 
vent the  spread  of  infectious  or  contagious  disease.  And 
such  corporation  violating  any  of  the  provisions  of  this 
section  shall  be  liable  to  a  penalty  of  $500  for  each  vio- 
lation, to  be  recovered  in  a  civil  acticn  to  be  prosecuted 
under  the  direction  of  the  attorney-general  in  the  name 
of  the   State  of  Kansas. 

Duty  of  oivner.  §  13.  That  it  shall  be  the  duty  of  the 
owner  or  person  in  charge  of  any  domestic  animal  or 
animals  who  discovers,  or  has  reason  to  believe,  that 
any  domestic  animal  owned  by  him  or  in  his  charge 
or  keeping  is  affected  with  a  contagious  or  infectious 
disease  to  immediately  report  such  fact  or  belief  to  the 
live  stock  sanitary  commissioner;  and  it  shall  be  the 
duty  of  any  person  who  discovers  the  existence  of  any 
such  contagious  or  intectious'disease  among  the  domestic 
animals  of  any  person  to  report  the  same  at  once  to 
the  live  stock  sanitary  commissioner. 

Penalty.  §  14.  That  any  person  who  shall  knowingly 
bring  into  this  State  any  domestic  animal  which  is 
affected  with  any  contagious  or  infectious  disease  or  any 
animal  which  has  been  exposed  to  any  contagious  or 
infectious  disease  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than   $100  nor  more  than   $1,000. 

Penalty.  §  15.  That  any  person  who  shall  have  in  his 
possession  any  domestic  animal  affected  with  any  con- 
tagious or  infectious  disease,  knowing  such  animal  to- 
be  so  affected:  or  having  received  notice  that  such 
animal  is  so  affected,  who  shall  permit  such  animal  to- 
run  at  large:  or  who  shall  keep  such  animal  where  other 
domestic  animals,  not  affected  with  or  previously  ex- 
posed to  such  disease,  may  be  exposed  to  such  contagious 
or  infectious  disease,  or  shall  sell,  ship,  driVe,  trade  or 
give  away  such  diseased  and  infected  animal  or  animals 
which  have  been  exposed  to  such  infection  or  contagion; 
or  shall  move  cr  drive  any  domestic  animal  or  animals 
which  have  been  exposed  to  such  infection  or  contagion; 
or  shall  move  or  drive  any  domestic  animal  in  violation- 
of  the  rules,  regulations,  directions  or  orders  establishing- 
and  regulating  quarantine,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  $100  nor  more  than  $500  for  each 
such  diseased  or  exposed  animal  which  he  shall  permit  to 
run   at   large   or   keep,   or   sell,   ship,   drive   or   trade   or 


582 


National  Association  of  Eailway  Commissionehs 


give  away  in  violation  of  the  provisions  of  this  Act; 
provided,  that  any  owner  of  any  domestic  animal  which 
has  been  affected  with  or  exposed  to  any  contagious  or 
Infectious  disease  may  dispose  of  the  same  after  h« 
obtains  from  the  live  stock  sanitary  commissioner  a 
bill  of  health  for  such  animal. 

APPROPRIATION— 1911. 
The    following    amounts    were    appropriated    for    each 
of  the   years   1912   and   1913   to   the   public  utilities   com- 
mission: 

Three  commissioners  at  $2,500  each,  each  year $  7,500 

Secretary,    each    year 1,800 

Rate  clerk,   each   year 5,000 

One  stenographer,  each  year 1,000 

One  stenographer,  each  year 900 

Two  clerks  at  $900   each,   each  year 1,800 

Contingent  fund  for  public  utilities  commission,  in- 
cidental and  traveling  expenses  incurred  by  the 
public  utilities  commission  and  employes  while 
attending  hearings  had  before  the  commission  in 
the  State,  the  attending  of  association,  rate  or 
traffic  meetings  or  hearings  before  the  Interstate 
Commerce  Commission  within  or  out  of  the  State, 
the  securing  of  depositions,  documentary  evi- 
dence,  the   examination   of  books,   accounts,   rec- 


ords and  documents  of  public  utilities  and  com- 
mon carriers  within  and  out  of  the  State; 
office  incidentals,  court  costs,  services  of  extra 
rate  clerks,  accountants,  expert  engineers  and 
assistants,  stenographers,  witness  fees  unprovided  • 
for  in  the  contingent  fund  of  the  attorney  of 
the  commission,  and  for  the  payment  of  such 
other  persons  as  may  be  employed  by  the  com- 
mission and  all  other  necessar  yexpenses  in- 
curred by  the  commission  in  carrying  out  the 
provisions  of  the  public  utility  law,  each  year. .  25,000 
Attorney  for  public  utilities  commission,  each  year.     2,500 

Stenographer  for  the  attorney,  each  year 1,200 

Contingent  fund  for  the  attorney  for  the  public 
utilities  commission,  incidental  and  traveling  ex- 
penses within  and  out  of  the  State,  office  inci- 
dentals, special  attorneys  retained  by  him,  and 
for  witness  fees  and  purchase  of  law  books,  each 
year   7,500 


The  Act  also  reads: 


$54,200 


Any  money  in  the  contingent  fund  of  the  publl<; 
utility  commission  or  in  the  contingent  fund  of  tho 
attorney  for  the  commission,  remaining  unexpended  fo;- 
the  year  1912,  is  hereby  reappropriated  for  the  year  1913. 


PUBLIC  SERVICE  LAWS  OF  KENTUCKY 


II 


CONSTITUTIONAL  PROVISIONS. 

LOCAI,    AND    SPECIAL    LEGISLATION. 

Limitations  upon.  §  59.  The  general  assembly  shall  not 
pass  local  or  special  Acts  concerning  any  of  the  following 
subjects,  or  for  any  of  the  following  purposes,  namely: 

Railroads.  §  19.  To  give  any  person  or  corporation  the 
right  to  lay  railroad  track  or  tramway,  or  to  amend  exist- 
ing charters  for  such  purposes. 

Special  law  not  to  he  passed,  when:  §  89.  In  all  other 
<!ases  where  a  general  law  can  be  made  applicable,  no 
special  law  shall  be  enacted. 

MUNICIPALITIES. 

streets  not  to  he  taken  by  private  corporation  without 
consent — Exception.  §  163.  No  street  railway,  gas,  water, 
«team-heating,  telephone,  electric  light  company,  within 
a  city  or  town,  shall  be  permitted  or  authorized  to  construct 
Its  tracks,  lay  its  pipes  or  mains,  or  erect  its  poles,  posts 
or  other  apparatus  along,  over,  under  or  across  the  streets, 
alleys  or  public  grounds  of  a  city  or  town,  without  the  con- 
sent of  the  proper  legislative  bodies  or  boards  of  such 
city  or  town  being  first  obtained;  but  when  charters  have 
been  heretofore  granted  conferring  such  right,  and  work 
"has  in  good  faith  been  begun  thereunder,  the  provisions 
of  this  section  shall  not  apply. 

Franchise  or  privilege  not  to  he  granted  for  longer  than 
ZO  years — Sale  of — Exception.  §  164.  No  county,  city, 
town,  taxing  district  or  other  municipality  shall  be  author- 
ized or  permitted  to  grant  any  franchise  or  privilege,  or 
make  any  contract  in  reference  thereto,  for  a  term  ex- 
<'eeding  20  years.  Before  granting  such  franchise  or  privi- 
lege for  a  term  of  years,  such  municipality  shall  first, 
after  due  advertisement,  receive  bids  therefor  publicly, 
and  award  the  same  to  the  highest  and  best  bidder;  but  it 
shall  have  the  right  to  reject  any  or  all  bids.  This  section 
shall  not  apply  to  a  trunk  railway. 

REVENUE    AND   TAXATION. 

County  or  municipality  not  to  become  stockholder  in 
■corporation  or  lend  its  credit — Exceptions.  §  179.  The 
general  assembly  shall  not  authorize  any  county  or  sub- 
<iivision  thereof,  city,  town,  or  incorporated  district,  to  be- 
come a  stockholder  in  any  company,  association  or  corpo- 
ration, or  to  obtain  or  appropriate  money  for,  or  to  loan 
Its  credit  to,  any  corporation,  association  or  individual, 
«xcept  for  the  purpose  of  constructing  or  maintaining 
bridges,  turnpike  roads  or  gravel  roads:  Provided,  if  any 
municipal  corporation  shall  offer  to  the  commonwealth  any 
property  or  money  for  locating  or  building  a  capital,  and 


the  commonwealth  accepts  such  offer,  the  corporation  maj 
comply  with  the  offer.  _  _ 

COEPOBATIONS.  "  " 

Eminent  domain — Right  of  retained  by  State.  |  195 
The  commonwealth,  in  the  exercise  of  the  right  of  eminent 
domain,  shall  have  and  retain  the  same  powers  to  take 
the  property  and  franchises  of  incorporated  companies  for 
public  use  which  it  has  and  retains  to  take  the  property 
of  individuals,  and  the  exercise  of  police  powers  of  this 
commonwealth  shall  never  be  abridged,  nor  so  construed 
as  to  permit  corporations  to  conduct  their  business  in  such 
manner  as  to  infringe  upon  the  equal  rights  of  individuals. 

Transportation — Charge  for — Common  law  liahility. 
§  196.  Transportation  of  freight  and  passengers  by  rail- 
road, steamboat  or  other  common  carrier  shall  be  so  regu- 
lated, by  general  law,  as  to  prevent  unjust  discrimination. 
No  common  carrier  shall  be  permitted  to  contract  for  reliet 
from  its  common  law  liability.    (See  §§  816-820,  Ky.  Stat.) 

Free  passes — Issual  or  acceptance  of  forbidden.  §  197 
No  railroad,  steamboat  or  other  common  carrier,  undei 
heavy  penalty  to  be  fixed  by  the  general  assembly,  shal! 
give  a  free  pass  or  passes,  or  shall  at  reduced  rates  nol 
common  to  the  public,  sell  tickets  for  transportation  tc 
any  State,  district,  city,  town  or  county  officer,  or  membei 
of  the  general  assembly,  or  judge;  and  any  State,  district 
city,  town  or  county  officer,  or  member  of  the  general 
assembly,  or  judge,  who  shall  accept  or  use  a  free  pass  05 
passes,  or  shall  receive  or  use  tickets  or  transportation  al 
reduced  rates  not  common  to  the  public,  shall  forfeit  hlf 
office.  It  shall  be  the  duty  of  the  general  assembly  to  enaci 
laws  to  enforce  the  provisions  of  this  section. 

Telegraph  and  telephone  companies.  §  199.  An  assocla 
tlon  or  corporations,  or  the  lessees  or  managers  thereof 
organized  for  the  purpose,  or  any  individual,  shall  hav6 
the  right  to  construct  and  maintain  lines  of  telegrapb 
within  this  State,  and  to  connect  the  same  with  other  lines 
and  said  companies  shall  receive  and  transmit  each  other's 
message  without  unreasonable  delay  or  discrimination 
and  all  such  companies  are  hereby  declared  to  be  commor 
carriers  and  subject  to  legislative  control.  Telephone  com 
panies  operating  exchanges  in  different  towns  or  cities 
or  other  public  stations,  shall  receive  and  transmit  eact 
others  messages  without  unreasonable  delay  or  discrimina- 
tion. The  general  assembly  shall,  by  general  laws  of  uni- 
form operation,  provide  reasonable  regulations  to  glvci 
full  effect  to  this  section.  Nothing  herein  shall  be  con- 
strued to  interfere  with  the  rights  of  cities  or  towns  to  ap-  . 
range  and  control  their  streets  and  alleys,  and  to  designate 
the  places  at  which,  and  the  manner  in  which,  the  wires 


Public  Service  Laws 


583 


of  such  companies  shall  be  erected  or  laid  within  the  limits 
of  such  city  or  town. 

Domestic  corporation  does  not  tecome  foreign  iy  con- 
solidation with.  §  200.  If  any  railroad,  telegraph,  express 
or  other  corporation,  organized  under  the  laws  of  this 
commonwealth,  shall  consolidate  by  sale  or  otherwise,  with 
any  railroad,  telegraph,  express  or  other  corporation  organ- 
ized under  the  laws  of  any  other  State,  the  same  shall  not 
thereby  become  a  foreign  corporation,  but  the  courts  of 
this  commonwealth  shall  retain  jurisdiction  over  that  part 
of  the  corporate  property  within  the  limits  of  this  State 
in  all  matters  which  may  arise,  as  if  said  consolidation 
had  not  taken  place. 

Common  carrier  not  to  consolidate  with  or  purchase 
parallel  line — Contracts  between — When  forbidden.  §  201. 
No  railroad,  telegraph,  telephone,  bridge  or  common  car- 
rier company  shall  consolidate  its  capital  stock,  franchises 
or  property,  or  pool  its  earnings,  in  whole  or  in  part,  with 
any  other  railroad,  telegraph,  telephone,  bridge  or  common 
carrier  company,  owning  a  parallel  or  competing  line  or 
structure,  or  acquire  by  purchase,  lease  or  otherwise,  any 
parallel  or  competing  line  or  structure,  or  operate  the 
same;  nor  shall  any  railroad  company  or  other  common 
carrier  combine  or  make  any  contract  with  the  owners  of 
any  vessel  that  leaves  or  makes  port  in  this  State,  or  with 
any  common  carrier,  by  which  combination  or  contract  the 
earnings  of  one  doing  the  carrying  are  to  be  shared  by  the 
other  not  doing  the  carrying. 

Sale  or  lease  of  franchise  does  not  affect  existing  liabili- 
ties. §  203.  No  corporation  shall  lease  or  alienate  any 
franchise  so  as  to  relieve  the  franchise  or  property  held 
thereunder  from  the  liabilities  of  the  lessor  or  grantor, 
lessee  or  grantee,  contracted  or  incurred  in  the  operation, 
use  or  enjoyment  of  such  franchise,  or  any  of  its  privileges. 

Elevators — Warehouses — Subject  to  legislative  control — 
Inspection.  §  206.  All  elevators  or  storehouses,  where  grain 
or  other  property  is  stored  for  a  compensation,  whether 
the  property  stored  be  kept  separate  or  not,  are  declared  to 
be  public  warehouses,  subject  to  legislative  control,  and  the 
general  assembly  shall  enact  laws  for  the  Inspection  of 
grain,  tobacco  and  other  produce,  and  for  the  protection  of 
producers,  shippers  and  receivers  of  grain,  tobacco  and 
other  produce.     (See  §  4768,  Ky.  Stat.) 

"Corporation" — Meaning  of  word.  §  208.  The  word 
corporation  as  used  in  this  constitution  shall  embrace  joint 
stock  companies  and  associations. 

EAILROADS  AND  COMMERCE. 

Commissioners — Election — Potver  and  duty.  §  209.  A 
commission  is  hereby  established,  to  be  known  as  "The 
Railroad  Commission,"  which  shall  be  corfiposed  of  three 
commissioners.  During  the  session  of  the  general  assem- 
bly, which  convenes  in  December,  1891,  and  before  the 
first  day  of  June,  1892,  the  governor  shall  appoint,  by  and 
with  the  advice  and  consent  of  the  senate,  said  three 
commissioners,  one  from  each  Superior  Court  district,  as 
now  established,  and  said  appointees  shall  take  their 
office  at  the  experiation  of  the  terms  of  the  present  in- 
cumbents. The  commissioners  so  appointed  shall  con- 
tinue in  office  during  the  present  term  of  the  present 
governor,  and  until  their  successors  are  elected  and 
qualified.  At  the  regular  election  in  1895,  and  every  four 
years  thereafter,  the  commissioners  shall  be  elected,  one 
in  each  Superior  Court  district,  by  the  qualified  voters 
thereof,  at  the  same  time  and  for  the  same  term  as  the 
governor.  •  No  person  shall  be  eligible  to  said  office  unless 
he  be,  at  the  time  of  his  election,  at  least  30  years  of 
age,  a  citizen  of  Kentucky  two  years,  and  a  resident  of 
the  district  from  which  he  is  chosen  one  year  next  pre- 
ceding his  election.  Any  vacancy  in  this  office  shall  be 
filed  as  provided  in  §  152  of  this  constitution.  The  general 
assembly  may,  from  time  to  time,  change  said  districts 
80  as  to  equalize  the  population  thereof,  and  may,  if 
deemed  expedient,  require  that  the  commissioners  be  all 
elected  by  the  qualified  voters  of  .the  State  at  large. 
And  if  so  required,  one  commissioner  shall  be  from  each 
district.  No  person  in  the  service  of  any  railroad  or 
common  carrier  company,  or  corporation,  or  of  any  firm 
or  association  conducting  business  as  a  common  carrier, 
or  in  anywise  pecuniarily  interested  In  such  company, 
corporation,  firm  or  association,  or  in  the  railroad  busi- 
ness, or  as  a  common  carrier,  shall  hold  such  office.    The 


powers  and  duties  of  the  railroad  commissioners  shall 
be  regulated  by  law,  and  until  otherwise  provided  by  law, 
the  commission  so  created  shall  have  the  same  powers 
and  jurisdiction,  perform  the  same  duties,  be  subject  to 
t(he  same  regulations  and  receive  the  same  compensation 
as  now  conferred,  prescribed  and  allowed  by  law  to  the 
existing  railroad  commissioners.  The  general  assembly 
may,  for  cause,  address  any  of  said  commissioners  out  of 
office  by  similar  proceedings  as  in  the  case  of  judges  of 
the  Court  of  Appeals,  and  the  general  assembly  shall 
enact  laws  to  prevent  the  nonfeasance  and  misfeasance  In 
office  of  said  commissioners,  and  to  impose  proper  pen- 
alties  therefor. 

Limitation — Common  carrier  business.  §  210.  No  cor- 
poration engaged  in  the  business  of  common'  carrier  shall, 
directly  or  indirectly,  own,  manage,  operate  or  engage  In 
any  other  business  than  that  of  a  common  carrier,  or  hold, 
own,  lease  or  acquire,  directly  or  indirectly,  mines,  fac- 
tories or  timber,  except  such  as  shall  be  necessary  to 
carry  on  Its  business,  and  the  general  assembly  shall 
enact  laws  to  give  effect  to  the  provisions  of  this  section. 

Right  of  eminent  domain.  §  211.  No  railroad  corpora- 
tions organized  under  the  laws  of  any  other  State,  or  of 
the  United  States,  and  doing  business,  or  proposing  to  do 
business,  in  this  State  shall  be  entitled  to  the  benefit  of 
the  right  of  eminent  domain,  or  have  power  to  acquire 
the  right  of  way  or  real  estate  for  depot  or  other  uses, 
until  it  shall  have  become  a  body-corporate,  pursuant  to 
and  in  accordance  with  the  laws  of  this  commonwealth. 
(22  R.   934.) 

Rolling  stock  personal  property.  §  212.  The  rolling 
stock  and  other  movable  property  belonging  to  any  rail- 
road corporation  or  company  in  this  State  shall  be  con- 
sidered personal  property  and  shall  be  liable  to  execution 
and  sale  in  the  same  manner  as  the  personal  property  of 
Individuals.  The  earnings  of  any  railroad  company  or 
corporation,  and  choses  in  action,  money  and  personal 
property  of  all  kinds  belonging  to  It,  in  the  hands  or 
under  the  control  of  any  officer,  agent  .or  employe  of  such 
corporation  or  company,  shall  be  subject  to  process  of 
attachment  to  the  same  extent  and  in  the  same  manner 
as  like  property  of  individuals  when  in  the  hands  or 
under  the  control  of  other  persons.  Any  such  earnings, 
choses  in  action,  money  or  other  personal  property  may 
be  subjected  to  the  payment  of  any  judgment  against 
such  corporation  or  company,  in  the  same  manner  and 
the  same  extent  as  such  property  of  individuals  In  the 
hands  of  third  persons. 

Discrimination  and  preference  between  connecting  car- 
riers forbidden.  §  213.  All  railroad,  transfer,  belt  lines 
and  railway  bridge  companies,  organized  under  the  laws 
of  Kentucky,  or  operating,  maintaining  or  controlling  any 
railroad,  transfer,  belt  lines  or  bridges,  or  doing  a 
railway  business  in  this  State,  shall  receive,  transfer, 
deliver  and  switch  empty  or  loaded  cars,  and  shall  move, 
transport,  receive,  load  or  unload  all  the  freight  in  car- 
loads or  less  quantities,  coming  to  or  going  from  any 
railroad,  transfer  belt  line,  bridge  or  siding  thereon, 
with  equal  promptness  and  dispatch,  and  without  any 
discrimination  as  to  charges,  preference,  drawbacks  or 
rebate  in  favor  of  any  person,  corporation,  consignee  or 
consignor,  in  any  matter  as  to  payment,  transportation, 
handling  or  delivery;  and  shall  so  receive,  deliver,  trans- 
fer and  transport  all  freight  as  above  set  forth,  from 
and  to  any  point  where  there  is  a  physical  connection 
between  the  tracks  of  said  companies.  But  this  section 
shall  not  be  construed  as  requiring  any  such  common 
carriers  to  allow  the  use  of  its  tracks  for  the  trains  of 
another   engaged  in   like   business. 

Exclusive  contracts  forbidden.  §  214.  No  railway, 
transfer,  belt  line  or  railway  bridge  company  shall  make 
any  exclusive  or  preferential  contract  or  arrangement 
with  any  individual,  association  or  corporation,  for  the 
receipt,  transfer,  delivery,  transportation,  handling,  care 
or  custody  of  any  freight,  or  for  the  conduct  of  any 
business  as  a  common  carrier. 

Uniform  conditions  and  charges.  §  215.  All  railway, 
transfer,  belt  lines  or  railway  bridge  companies  shall  re- 
ceive, load,  unload,  transport,  haul,  deliver  and  handle 
freight  of  the  same  class  for  all  persons,  associations  or 
corporations  from  and  to  the  same  points  and  upon  the 


684 


National  Association  of  Railway  Commissioners 


I 


same  conditions  in  the  same  manner  and  for  the  same 
charges,  and  for  the  same  method  of  payment. 

Trunk  connections.  §  216.  All  railway,  transfer,  belt 
lines  and  railway  bridge  companies  shall  allow  the  tracks 
of  each  other  to  unite,  intersect  and  cross  at  any  point 
where  such  union,  intersection  and  crossing  is  reasonable 
or  feasible. 

Penalty.  §  217.  Any  person,  association  or  corporation, 
wilfully  or  knowingly  violating  any  of  the  provisions 
of  §§  213,  214.  215  or  216  shall,  upon  conviction  by  a 
court!  of  competent  jurisdiction,  for  the  first  offense,  be 
fined  $2,000;  for  the  second  offense,  $5,000,  and  for  the 
third  oitense,  shall  thereupon,  ipso  facto,  forfeit  its  fran- 
chises, privileges  or  charter  rights;  and.  If  such  delin- 
quent be  a  foreign  corporation,  it  shall,  ipso  facto,  forfeit 
Its  rights  to  do  business  in  this  State,  and  tpe  attorney- 
general  of  the  commonwealth  shall  forthwith,  upon  notice 
of  the  violation  of  any  of  said  provisions,  institute 
proceedings  to  enforce  the  provisions  of  the  aforesaid 
sections. 

Long  and  short  haul — Commission.  §  218.  It  shall  be 
unlawful  for  any  person  or  corporation,  owning  or  operat- 
ing a  railroad  in  this  State,  or  any  common  carrier,  to 
charge  or  receive  any  greater  compensation  in  the  aggre- 
gate for  the  transportation  of  passengers,  or  of  property 
of  like  kind  under  substantially  similar  circumstances  and 
conditions,  for  a  shorter  than  for  a  longer  distance  over 
the  same  line,  in  the  same  direction,  th«  shorter  being 
included  within  the  longer  distance;  but  this  shall  not  be 
construed  as  authorizing  any  common  carrier,  or  person, 
or  corporation,  owning  or  operating  a  railroad  in  this 
for  a  longer  distance:  Provided,  that  upon  application 
State,  to  receive  as  great  compensation  for  a  shorter  as 
to  the  railroad  commission,  such  common  carrier,  or 
person,  or  corporation,  owning  or  operating  a  railroad  in 
this  State,  may,  in  special  cases,  after  investigation  by 
the  commission,  be  authorized  to  charge  less  for  longer 
than  for  shorter  distances  for  the  transportation  of  pas- 
sengers or  property,  and  the  commission  may,  from  time 
to  time,  prescribe  the  extent  to  which  such  common 
carrier,  or  person  or  corporation,  owning  or  operating  a 
railroad  in  this  State,  may  be  relieved  from  the  opera- 
tions of  this  section. 


STATUTE  LAW 

CARROLL  KENTUCKY  STATUTES,  1909. 

Railroad  commission — Duties.  §  821.  There  Is  estab- 
lished a  department  in  the  State  government  to  be  known 
as  the  railroad  commission,  which  shall  be  composed 
of  three  commissioners,  one  of  whom  shall  act  as 
chairman,  and  whose  duty  it  shall  be  to  see  that  the 
laws  relating  to  all  railroads,  except  street,  are  faith- 
fully executed,  and  to  exercise  a  general  supervision 
over  the  railroads  of  the  State.  Each  of  said  commission- 
ers is  authorized  to  administer  oaths,  and  two  of  them 
shall   constitute   a   quorum. 

Office— Salary.  §  822.  The  oflSce  of  the  commission 
shall  be  at  the  seat  of  government,  and  they  shall  be 
provided  with  suitable  offices,  furniture  and  stationery 
by  the  State,  and  may  appoint  a  secretary  at  a  salary 
of  $1,200  per  year,  which  shall  be  paid  by  the  State; 
each  commissioner  shall,  before  entering  upon  the  duties 
of  his  office,  take  an  oath  to  discharge  faithfully  the 
duties  of  his  olfice;  and  they  shall  each  receive  an  an- 
nual salary  of  $2,000  and  their  actual  necessary  trav- 
eling expenses  while  engaged  in  the  discharge  of  their 
duties,  which,  together  with  the  salary  of  the  secre- 
tary, shall  be  paid  in  the  same  manner  as  the  salary  of 
the  governor,  except  that  before  any  expenses  are  paid, 
the  chairman  of  the  commission  shall  file  with  the 
auditor  an  itemized  statement  of  said  expenses,  signed 
by  him  and  approved  by  the  governor,  which  statement 
shall  be  filed  before  any  warrant  can  be  issued  therefor. 

Election.  §  823.  At  the  regular  election  in  1895,  and 
every  four  years  thereafter,  there  shall  be  elected  one 
commissioner  from  each  of  the  districts  hereafter  desig- 
nated, by  the  qualified  voters  thereof,  who  shall  take 
his  office  on  the  fifth  Tuesday  next  succeeding  his  elec- 
tion and  hold  the  same  for  four  years,  and  until  his 
successor  is  elected  and  qualified. 


Districts.  §  824.  For  the  purpose  of  electing  commis- 
sioners, the  State  is  divided  into  three  districts,  the  first 
composed  of  the  counties  of  Meade,  Hardin,  Larue,  Hart, 
Metcalf,  Barren,  Monroe,  Allen,  Simpson,  Warren,  Edmon- 
son, Grayson,  Breckinridge,  Hancock,  Ohio,  Butler,  Logan, 
Todd,  Muhlenberg,  McLean,  Daviess,  Henderson,  Webster, 
Hopkins,  Christian,  Trigg,  Caldwell,  Lyons,  Crittenden, 
Union,  Livingston,  Marshall,  Calloway,  Graves,  McCrack- 
en,  Ballard,  Hickman,  Pulton  and  Carlisle.  The  second 
composed  of  the  counties  of  Gallatin,  Owen,  Scott,  Fay- 
ette, Jessamine,  Pulaski,  Wayne,  Clinton,  Russell,  Casey, 
Lincoln,  Garrard,  Boyle,  Mercer,  Anderson,  Woodford, 
Franklin,  Henry,  Oldham,  Carroll,  Trimble,  Jefferson, 
Shelby,  Spencer.  Bullitt,  Nelson,  Washington,  Marion, 
Taylor,  Green,  Adair  and  Cumberland.  The  third  com- 
posed of  the  counties  of  Boone,  Kenton,  Grant,  Harri- 
son, Bourbon,  Glark,  Estill,  Madison,  Jackson,  Laurel, 
Rockcastle,  Whitley,  Knox,  Bell,  Harlan,  Leslie,  Perry, 
Letcher,  Floyd,  Pike,  Martin,  Johnson,  Clay,  Breathitt, 
Owsley,  Lee,  Powell,  Montgomery,  Bath,  Nicholas,  Flem- 
ing, Robertson,  Pendleton,  Bracken,  Campbell,  Lewis, 
Greenup,  Mason,  Rowan,  Carter,  Elliott,  Boyd,  Lawrence, 
Morgan,    Magoffin,    Wolfe,    Menifee    and    Knott. 

Annual  report.  §  825.  Every  railroad  company  sha!!, 
on  or  before  the  first  day  of  September  in  each  year, 
make  and  transmit  to  the  commission,  at  its  office  In 
Frankfort,  under  oath  of  the  president  or  manager  of 
the  company,  a  full  and  true  statement  of  the  affairs  at 
said  company  as  the  same  existed  on  the  first  day  cf 
the  preceding  July,   specifying: 

1st.  The  amount  of  capital  stock  paid  up,  and  the 
names  of  the  owners  thereof,  and  amounts  owned  by 
each  and  the  residence  of  each  stockholder  as  far  as 
known. 

2d.     The   amount  of  its  assets  and  liabilities. 

3d.  The  names  and  places  of  residence  of  its  gei  - 
eral   officers. 

4th.  The  amount  of  cash  paid  to  the  company  ^  \ 
account  of  the  original  capital  stock. 

5th.     The  amount  of  funded  debt. 

6th.     The  amount  of  floating  debt. 

7th.  The  estimated  value  of  the  roadbed,  includin ; 
iron  and  bridges. 

8th.     The   estimated   value   of  rolling  stock. 

9th.     The  estimated   value  of  stations,   buildings  a!l 
fixtures. 

10th.     The   estimated   value   of   other   property. 

11th.     The   length   of   single  main   track. 

12th.     The    length    of   double   track. 

13th.     The  length  of  branches;   stating  length  of  sing! 
and  of  double  track. 

14th.  The  aggregate  length  of  siding  and  othe  • 
tracks   not   above   enumerated. 

15th.     The   number   of   miles   run   by   passenger  train 
during   the  year   preceding  the   making  of  the  report. 

16th.  The  number  of  miles  run  by  freight  train  • 
during  the  same  period. 

17th.  The  number  of  tons  of  through  freight  carried, 
and  the  number  of  tons  of  local  freight  during  the  sami: 
period. 

18th.  The  monthly  earnings  for  the  transportatioi 
of    passengers    during    the    same    time. 

19th.  The  monthly  earnings  for  the  transportation  o' 
freight  during  the  same  time. 

20th.  The  monthly  earnings  from  all  other  source;; 
respectively. 

21st.  The  amount  of  expenses  In  running  passenge  • 
trains  during  the  same  time. 

22d.  The  expenses  incurred  in  running  freight  trains, 
and  in  running  mixed  trains  during  the  same  time. 

23d.  All  other  expenses  incurred  in  the  managemen; 
of  the  road,  including  the  salaries  of  the  officers,  which 
shall  be  reported  separately. 

24th.  The  amount  expended  for  repairs  of  the  road 
and  maintenance  of  the  way,  including  repairs  and  re- 
newals of  bridges  an*  renewals  of  iron. 

25th.  The  amount  expended  for  improvements,  and 
whether  the  same  is  estimated  as  a  part  of  the  expenseii 
of  operating  or  repairing  the  road;    and  if  either,  which. 

26th.     The  amount  expended  for  motive  power  cars. 

27th.  The  amount  expended  for  station  houses,  build- 
ings and  fixtures. 

28th.    All  other  expenses  for  maintenance  of  way. 


din ; 


Public  Service  Laws 


585 


29th.     All    other    expenses    for    other    purposes. 

30th.  The  number  of  tons  of  freight  carried  one 
mile. 

31st.     The  amount  received  per  ton  per  mile. 

32d.  The  average  distance  each  ton  was  hauled,  and 
the  average  cost  of  hauling  a  ton  of  freight  one  mile. 

33d.  What  freight  and  transportation  companies  run 
on  its  road,  and  on  what  terms,  and  whether  such  trans- 
portation companies  use  the  cars  of  the  railroad  company 
or  cars  furnished  by  themselves. 

34th.  Whether  the  freight  or  cars  of  such  transpor- 
tation companies  are  given  preference  in  speed  or  order 
of  transportation;  and  if  so,  in  what  particular.  The 
commission  may  propound  any  additional  interrogatories, 
which  shall  be  answered  by  such  company  in  the  same 
manner  as  those  specified  in  the  foregoing  section ;  and 
the  commission  shall  furnish  to  each  company  in  proper 
time,  blanks  upon  which  to  answer  the  foregoing  and 
such   other   questions  as  may  be   propounded. 

Through  and  foreign  rates  examined — Duty  of  commis- 
sion. §  826.  Said  commission  shall  examine  all  through 
freight  rates  from  points  out  of  this  State  to  points  into 
this  State,  and  whenever  they  find  that  a  through  rate 
charged  into  or  out  of  this  State  is  excessive  or  unreason- 
able, or  discriminating  in  its  nature,  they  shall  call  the 
attention  of  the  railroad  officials  in  this  State  to  the  fact, 
and  to  urge  them  of  the  propriety  of  changing  such  rates. 
And  when  such  rates  are  not  changed,  it  shall  be  the  duty 
of  said  commission  to  present  the  facts  to  the  Interstate 
Commerce  Commission  and  appeal  to  it  for  relief,  and 
they  shall  receive  upon  application  the  services  of  the 
attorney-general  of  this  State  and  into  the  the  condition, 
management  ^nd  all  other  matters  concerning  the  busi- 
ness of  railroads  in  his  State  so  far  as  the  same  pertain 
to  the  relation  of  such  railroads  to  the  public,  and 
whether  such  railroad  corporations,  their  officers  and 
employes  comply  with  the  laws  of  the  State;  and  whether 
It  shall  come  to  their  knowledge,  or  they  shall  have 
reason  to  believe  that  the  laws  affecting  railroad  corpo- 
rations in  their  business  relations  to  the  public  have 
been  violated,  they  shall  prosecute,  or  cause  to  be  prose- 
cuted, the  corporations  or  persons  guilty  of  such  viola- 
tions. 

Examination  of  railroad — Penalty  for  contempt.  §  827. 
They  shall  have  the  power  to  examine,  under  oath,  any 
person,  or  the  directors,  officers,  agents  and  employes  of 
any  railroad  corporation  doing  business  in  this  State, 
concerning  the  management  of  its  affairs,  and  to  obtain 
Information  pursuant  to  this  law;  and  shall  have  power 
to  issue  subpoenas  for  the  attendance  of  witnesses,  and 
to  administer  oaths;  and  for  any  person  who  shall 
neglect  or  refuse  to  obey  the  process  of  subpoenas 
Issued  by  said  commission  or  who  being  in  attendance 
shall  refuse  to  testify,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished 
for  each  offense  by  a  fine  of  not  less  than  $50  nor  more 
than  $100,  or  by  imprisonment  not  less  than  10  nor  more 
than   50  days,  or  both,  in   the  discretion  of  the  jury. 

Penalty  for  failing  to  make  reports.  §  828.  Each  officer, 
agent  or  employe  failing  or  refusing  to  make,  under 
oath,  any  report  required  by  the  commission  within  the 
time  required,  or  failing  or  refusing  to  answer  fully,  under 
oath  if  required,  any  inquiry  propounded  by  the  commis- 
sion, or  who  shall,  in  any  way,  hinder  or  obstruct  the 
commission  in  the  discharge  of  its  duty,  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  fined  for  each  offense  not 
less  than  $500  nor  more  than  $1,000;  and  it  shall  be  the 
duty  of  the  commission  to  prosecute  the  person  offend- 
ing; and  the  Franklin  Circuit  Court,  or  the  Circuit  Court 
of  any  county  through  which  the  railroad  runs,  the  offi- 
cers, agents  or  employes  of  which  have  violated  the 
provisions  of  this  section  shall  have  jurisdiction  of  such 
prosecution,  and  it  shall  be  the  duty  of  the  common- 
wealth's attorney  to  prosecute  all  indictments,  actions 
and   proceedings   under  this   law. 

Complaints  against  companies.  §  829.  The  commission 
shall  hear  and  determine  complaints  under  §§  223,  224  and 
225.  Such  complaints  shall  be  made  in  writing  and  they 
shall  give  the  company  complained  of  not  less  than  10 
days'  notice  of  the  time  and  place  of  the  hearing  of  the 
same.  They  shall  hear  and  reduce  to  writing  all  the  evi- 
dence adduced  by  the  parties,  and  render  such  award  as 
may  be  proper.     If  the  award  of  the  commission  be  not 


satisfied  within  10  days  after  the  same  is  rendered,  tha 
chairman  shall  file  a  copy  of  said  award,  and  the  evi- 
dence heard,  in  the  office  of  the  clerk  of  the  Circuit  Court 
of  the  county,  which,  under  the  Code  of  Practice,  would 
have  jurisdiction  of  said  controversy,  and  the  clerk  of 
said  court  shall  enter  the  same  on  the  docket  for  trial, 
and  summons  shall  be  issued  as  in  other  cases  against 
the  party  against  whom  the  award  shall  have  been  ren- 
dered, requiring  said  party  to  appear  in  the  court  within 
the  time  allowed  in  ordinary  cases,  and  show  cause  why 
said  award  shall  not  be  satisfied.  If  such  party  fails  to 
appear,  judgment  shall  be  rendered  by  default,  and  the 
same  proceedings  had  thereon  as  in  other  ordinary  cases. 
If  a  trial  is  demanded,  the  case  shall  be  tried  in  all 
respects  as  other  ordinary  cases  in  which  the  same 
amount  is  involved,  except  that  no  evidence  shall  be 
introduced  by  either  party  except  that  heard  by  the  com- 
mission, except  such  as  the  court  shall  be  satisfied,  by  sworn 
testimony,  could  not  have  been  produced  before  the 
commission  by  the  exercise  of  reasonable  diligence;  the 
judgment  and  proceedings  thereon  shall  be  the  same  as 
in   other  ordinary  cases. 

Improvements — Notice — Proceedings.  §  830.  Whenever, 
in  the  judgment  of  the  commission,  after  a  personal  ex- 
amination of  the  same,  it  shall  appear  that  repairs  are 
necessary  upon  any  railroad,  or  when  from  complaint 
made  or  their  own  knowledge  they  shall  have  reason  to 
believe  that  the  tracks,  bridges,  tunnels  or  other  struc- 
tures of  any  company  are  in  an  unsafe  or  dangerous 
condition,  or  unfit  for  public  travel,  or  that  any  addition 
to.  Improvements  or  changes  in  the  stations  or  terminal 
facilities  are  needed  for  the  convenience  and  security  of 
the  public,  they  shall  give  notice  in  writing  to  the  com- 
pany owning  or  operating  such  road,  of  the  repairs. 
Improvements  or  changes  they  deem  proper  and  nec- 
essary, and  shall  afford  such  corporation  an  opportunity 
to  be  heard  in  reference  thereto,  and  if  the  company  shall 
neglect  or  refuse  to  make  such  repairs,  improvements 
or  changes  within  a  reasonable  time  after  such  hearing, 
if  a  hearing  is  requested  by  the  company,  and  the  com- 
mission shall  believe  that  such  improvements  or  changes 
are  proper  and  necessary  after  a  hearing,  if  one  is  had, 
they  shall  lay  the  facts  before  the  attorney-general  for 
his  action,  and  shall  report  the  same  fully  to  the  next 
legislature;  no  examination,  request,  advice  or  report  of 
the  commission  shall,  in  any  way,  affect  the  duties  or 
obligations  of  any  company,  or  relieve  it  from  any 
liability. 

Publicity.  §  831.  The  commission  shall  not  be  required 
to  give  publicity  to  any  contracts,  leases  or  engagements 
obtained  by  them  in  their  official  capacity,  if  the  interest 
of  any  company  would  thereby  be  injuriously  affected, 
unless,  in  the  judgment  of  the  commission,  the  public 
interest   requires   it. 

No  favors — Penalty.  §  832.  The  commissioners,  nor 
either  of  them,  shall,  directly  or  indirectly,  solicit  or 
request  from  or  recommend  to  any  railroad  company,  or 
any  officer,  attorney,  agent  or  employe  thereof,  the  ap- 
pointment of  any  person  to  any  place  or  position,  nor 
shall  any  company  offer  them,  or  either  of  them,  any 
place  or  appointment  for  themselves  or  other  persons, 
nor  shall  they,  or  either  of  them,  directly  or  indirectly, 
request,  accept  or  receive  any  present,  gift  or  gratuity 
of  any  kind  from  any  company.  A  violation  of  the  pro- 
visions, or  any  of  them,  of  this  section  shall  subject  the 
person  or  corporation  so  violating  to  a  fine  of  not  less 
than  $1,000  nor  more  than  $5,000,  to  be  recovered  by 
indictment  as  other  penalties  for  violations  of  law  are. 

Copies  record.  §  833.  For  a  copy  of  any  record  on  file 
In  their  office  they  shall  charge  and  receive  the  same 
fees  that  are  charged  by  the  secretary  of  State  for  simi- 
lar services,  and  shall  cover  Into  the  State  treasury  any 
amount  so  received. 

Report  published.  §  834.  The  commission  shall  an- 
nually, on  the  first  day  of  December,  make  a  report  to 
the  governor  of  all  matters  relating  to  their  office  for  the 
preceding  year,  and  such  as  will  disclose  the  practical 
workings  of  the  railroads  in  this  State,  and  such  sugges- 
tions In  relation  thereto,  as  they  may  deem  necessary  and 
proper,  and  shall  have  printed  and  lay  before  each  legis- . 
iature,  within  the  first  10  days  of  its  session,  500  copies 
of  their  reports  for  the  preceding  two  years. 


586 


National  Associatiox  of  Kaii.way  Commissioners 


GENERAL   PROVISIONS    CONCERNING   RAILROADS. 

Stations.  §  772.  Any  company  that  has  established  and 
maintained  throughout  the  year,  for  five  consecutive 
years,  a  passenger  station  at  a  point  on  Its  road,  shall 
not  abandon  such  station,  without  the  written  consent  of 
the  railroati  commission;  and.  It  any  station  used  by  the 
company  Is  burned  or  otherwise  destroyed,  or  becomes 
unfit  for  the  accommodation  of  the  public,  the  railroad 
commission  shall  notify,  in  writing,  the  manager  or  chief 
officer  in  this  State  of  the  company  owning  or  using 
such  station  to  rebuild  or  repair  the  same,  as  the  case 
may  be,  and  such  company  shall,  within  90  days  after 
such  notice,  comply  with  the  requirements  thereof,  and 
that  every  company  operating  a  railroad  in  this  State 
shall  provide  a  convenient,  and  suitable  waiting  room 
and  water  closets,  or  privies,  at  all  depots  in  cities  and 
towns,  and  such  other  stations  as  the  railroad  commis- 
sion may  require  on  its  lines,  and  keep  and  maintain 
the  same  in  decent  order  and  repair. 

Daily  trains.  §  772a.  1.  That  all  corporations,  com- 
panies, persons  or  associations  owning  and  operating  a 
railroad  line  in  this  commonwealth,  or  any  branch  of  any 
railroad  in  this  commonwealth  the  length  of  which  ex- 
ceeds 5  miles,  shall  be  required  and  they  are  hereby 
directed  to  run  at  least  one  passenger  train  each  way 
on  every  day  of  the  year,  Sundays  excepted,  over  said 
Hue:  Provided,  however,  that  the  operation  of  a  train 
known  as  a  mixed  train  on  lines  carrying  passengers  and 
freight  for  hire,  on  which  both  passengers  and  freight 
are  carried,  if  operated  in  accordance  with  the  provisions 
of  this  Act,  shall  be  deemed  a  compliance  therewith: 
Provided,  further,  that  the  provisions  of  this  Act  shall 
not  apply  to  mere  coal  switches  or  any  switch  or  branch, 
which  is  chartered  and  used  by  any  corporation,  com- 
pany or  person  merely  for  the  purpose  of  carrying  freight 
or  coals  to  their  main  line  or  track. 

Violation.  2.  That  any  corporation,  association,  com- 
pany or  person  who  shall  wilfully  violate  the  provisions 
of  this  Act  shall  be  liable  to  a  forfeiture  of  the  charter 
of  such  corporation,  company  or  association,  and  upon 
conviction  in  a  court  of  competent  jurisdiction  shall  be 
fined  not  less  than  $300  for  each  offense.  And  the 
failure  of  such  corporation,  company,  association  or  per- 
son to  run  a  train  either  way  on  any  day  during  the 
year,  Sunday  excepted,  shall  be  considered  and  treated  as 
separate  and  distinct  offense. 

Penalty.  3.  The  penalties  herein  announced  may  be 
recovered  by  indictment  in  the  Circuit  Court  of  any 
county  through  which  the  tracks  of  such  railroad  extends, 
or  by  Information  lodged  by  the  county  or  common- 
wealth's  attorney  or  by   any   ordinary   suit  for   penalties. 

Grand  jury.  4.  That  it  shall  be  the  duty  of  the  judge 
of  the  Circuit  Court  of  each  county  through  which  the 
line  of  railroad  extends  to  give  in  charge  to  the  grand 
jury,  the  provisions  of  this  Act,  at  each  session  of  the 
Circuit  Court  held  in  any  county  through  which  the  line 
of  such  road  extends.     [Act  of  March  17,  1896.] 

Signal  boards.  §  773.  Every  company  shall  cause  signal 
boards,  well  supported  by  posts  or  otherwise,  at  such 
heights  as  to  be  easily  seen  by  travelers,  and  not  ob- 
Btructlng  travel,  containing  on  each  side,  in  capital  letters 
at  least  5  inches  high,  the  following  inscription:  "Rail- 
road Crossing,"  to  be  placed  and  constantly  maintained, 
at  each  public  highway  where  it  is  crossed  by  the  rail- 
road at  the  same  level;  but  such  board  need  not  be  put 
up  in  cities  or  towns,  unless  required  by  the  local  au- 
thorities thereof. 

Gate.  §  774.  That  whenever  in  the  opinion  of  the  rail- 
road commission,  the  public  interest  require  that  a  gate 
be  erected  or  maintained,  or  a  flagman  be  stationed  at 
any  street  or  highway  crossing,  they  shall  give  the  super- 
intendent or  manager  of  the  railroad  written  notice  that 
the  same  is  required,  and  the  company  shall,  within  the 
time  prescribed  by  the  commission,  erect  and  maintain 
at  such  crossing  the  character  of  gate  directed  by  the 
commission,  and  keep  a  man  in  charge  of  the  same  dur- 
ing such  hours  as  they  may  designate,  or  keep  a  flag- 
man at  such  crossing  during  such  hours  as  they  may 
require. 


Railroad  crossings — When  trains  to  stop  before  reaching. 
§  775.  That  whenever  railroads  cross  each  other  in  this 
State,  the  trains  shall  be  brought  to  a  full  stop  at  least 
60  feet  before  getting  to  the  crossing:  Provided,  however, 
that  the  provision  of  this  Act  shall  not  be  applicable  where 
the  crossings  of  such  roads  are  regulated  by  derailing 
switches,  or  other  safety  appliances,  which  prevent  col- 
lisions at  crossings,  nor  where  a  flagman  or  watchman  la 
stationed  at  such  crossings  and  signals  that  the  trains  ma/ 
cross  in  safety.     (Penalty  for  violation,  §  793.) 

Bridges.  §  776.  No  bridge  or  passway  hereafter  con- 
structed over  any  railroad  except  in  cities  having  power 
under  their  charters  to  regulate  the  heights  of  such 
bridges  or  passways,  shall  be  at  a  height  less  than  22 
feet  above  the  tracks  of  the  road,  unless  by  the  written 
authority  of  the  commission;  and  whenever  there  shall 
be  over  any  railroad  a  bridge,  tunnel  or  other  obstruc- 
tion at  a  height  of  less  than  seven  feet  above  the  roof 
of  the  freight  cars  used  or  hauled  on  said  road,  it  stall 
be  the  duty  of  the  oflicers  of  such  road  to  erect  and  keep 
In  repair,  at  or  near  such  bridge,  tunnel  or  obstruction, 
and  on  each  side  thereof,  a  rod  or  beam  placed  acrosa 
the  track,  at  such  height  and  at  such  distance  from  i  he 
bridge,  tunnel  or  obstruction,  as  the  railroad  comn.is- 
sion  shall  direct;  and  from  such  rod  or  beam  shall  be 
suspended  straps,  ropes  or  cords,  of  such  length  as 
the  commission  may  determine,  and  not  greater  than 
six  inches  apart,  for  the  space  of  eight  feet,  direc.ly 
over  the  track. 

Accidents.  §  777.  Notice  of  every  accident  which  may 
occur  and  be  attended  with  loss  of  life  shall  be  given 
within  five  days  thereafter  by  the  company  operati  ig 
the  road  on  which  the  accident  occurred  to  the  railro  id 
commission,  and  such  company  shall  furnish  the  co  n- 
mission  all  information  required  by  it  concerning  t  le 
cause   of   the   accident. 

Air-brake — Passenger  train  to  be  equipped  with.  §  7'  8, 
No  regular  or  other  passenger  train  shall  be  run  withe  it 
an  air-brake,  or  some  equally  effective  appliance  for  cc  n- 
trolling  the  speed  of  trains,  which  may  be  applied  by  t  le 
engineer  to  each  car  composing  the  train,  and  whl  h 
shall,  at  all  times,  be  kept  in  good  condition  and  reai  y 
for  use  at  the  discretion  of  the  engineer.  The  provlslo  la 
of  this  section  shall  not  apply  to  mixed  trains. 

Policemen  for  railroads.  §  779a.  1.  That  every  C(  r- 
poration  owning,  using  or  operating  a  railroad  in  this  Sta  « 
may  apply  to  the  governor  to  appoint  and  commission  su'  h 
persons  as  said  corporation  may  designate  to  act  as  sui  h 
policemen  for  such  corporation. 

Governor  to  appoint.  2.  The  governor,  upon  such  a  ?■ 
plication  being  made,  shall  appoint  such  persons  as  sui  h 
corporation  may  designate,  or  as  many  thereof  as  he  mi  y 
deem  proper  to  be  such  policemen,  and  shall  issue  to  8U(  h 
as  he  shall  appoint  a  commission  to  act  as  such  pollceme  i. 

Bond — Oath — Powers — Commission  to  be  recorded.  §  3. 
Every  person  so  appointed  to  act  as  such  policeman  sha  I, 
before  he  enters  upon  the  discharge  of  the  duties  of  ha 
oflice,  execute  bond,  with  good  security,  conditioned  for  tl  e 
faithful  performance  of  his  duty  as  such  policeman,  ai  d 
take  and  subscribe  an  oath  of  office  and  the  oath  requln  d 
by  the  constitution  of  this  State.  Said  bond  shall  be  eu- 
cuted  in  the  county  court  of  the  county  in  which  eudi 
person  resides,  and  shall  be  approved  by  the  judge  therec  t, 
who  shall  administer  the  oath  of  office  herein  required,  all 
of  which  shall  be  duly  entered  of  record  by  the  clerk  nf 
paid  court.  The  execution  of  said  bond  and  the  taklrg 
of  the  oath  of  office  as  aforesaid  shall  be  Indorsed  upcn 
the  commission  of  the  person  so  qualifying,  and  certlfitd 
copies  of  said  commission,  together  with  the  indorsement 
thereon,  shall  be  recorded  in  the  office  of  the  county  cleik 
of  each  and  every  county  throughout  or  into  which  the  rat  I 
road,  for  which  such  policeman  is  appointed,  runs,  or  for 
which  it  is  intended  he  shall  act.  The  several  pollcemfn 
BO  appointed  and  commissioned  shall,  in  and  throughoiit 
the  counties  in  which  they  are  authorized  to  act,  severally 
possess  and  exercise  the  power  of  sheriffs  and  constables  In 
making  arrests,  and  the  service  of  process  in  criminal  and 
penal  prosecutions,  and  shall  be  subject  to  all  the  liabilitlo* 
of  such  sheriffs  or  constables  while  in  the  discharge  of  their 
duties  as  such  policemen  and  for  which  their  security  Bhall 


Public  Service  Laws 


587 


be  responsible  upon  their  bond:  Provided,  however,  that 
the  powers  herein  conferred  upon  said  railroad  policemen 
shall  only  be  exercised  by  them  in  the  arrest  and  prosecu- 
tion of  persons  committing  public  offenses  upon  the  trains 
or  about  the  depots. 

Badge  of  office  to  be  worn.  §  4.  Such  railroad  police  shall, 
while  on  duty,  wear  a  metallic  badge  or  shield,  with  the 
words,  "Railway  Police"  and  the  name  of  the  corporation 
or  railroad,  or  the  initials  of  the  corporation  or  the  rail- 
road for  which  appointed,  engraved  thereon;  except  when 
acting  as  a  detective  in  the  service  of  such  corporation  or 
railroad  in  the  discharge  of  his  duty  for  such  corporation 
or  railroad,  when  he  can  wear  It  concealed. 

Compensation  to  be  paid  by  roads.  §  5.  The  compensa- 
tion of  such  policemen  shall  be  paid  by  the  corporation  or 
railroad  company  for  which  they  are  respectively  ap- 
pointed and  as  may  be  agreed  upon  between  them  and 
such  company  or  corporation. 

Owner  or  operator  of  road  may  appoint.  §  6.  When  any 
such  railroad  company  shall  be  owned,  used  or  operated  by 
a  receiver,  company  or  person  other  than  a  corporation, 
such  receiver,  company  or  person  may  have  such  police- 
men appointed  in  the  same  manner  hereinbefore  provided 
as  to  corporations. 

Services  may  be  dispensed  with — Proceedings.  {  7. 
When  a  railroad  company  no  longer  requires  the  service 
of  a  policeman  so  appointed,  it  may  file  notice  to  that  effect, 
signed  by  its  general  manager,  in  the  several  offices  in 
which  the  commission  of  such  policeman  is  recorded, 
which  shall  be  noted  by  the  clerk  upon  the  margin  of  the 
record  where  the  commission  is  recorded,  and  thereupon 
the  power  of  such  policeman  shall  cease  as  to  any  par- 
ticular county  in  which  such  notice  is  filed  and  recorded. 

Services  may  be  dispensed  with.  §  8.  When  the  rail- 
road is  owned,  used  or  operated  by  a  receiver,  company 
or  persons,  as  hereinbefore  provided,  a  like  notice  may  be 
filed  over  the  signature  of  such  receiver,  company  or  per- 
sons, and  shall  have  the  same  force  and  effect.  (This  sec 
tlon  is  an  Act  of  March  21,  1906.) 

Frogs  to  be  arranged  with  s,afety  appliances.  §  780. 
Before  the  first  day  of  January,  1894,  every  company  shall 
adjust,  fix  or  block  the  frogs  on  Its  tracks  to  prevent  the 
feet  of  its  employes  from  being  caught  therein.  (Penalty 
for  violation,  §  793.) 

Tariffs  and  rates — Copies  to  be  furnished  commission. 
i  781.  All  railroad  companies  doing  business  In  this  State, 
upon  lines  owned  or  leased  by  them,  shall,  within  30  days 
after  this  Act  goes  into  effect,  furnish  to  the  railroad 
commissioners  copies  of  all  their  rates  and  tariffs  then  in 
force;  and  shall  also  furnish  the  commission  with  copies 
of  all  rates  and  tariffs,  or  changes  therein,  thereafter  made, 
at  the  date  that  the  same  are  issued.  (Penalty  for  viola- 
tion, §  793.) 

Spark  arrester.  §  782.  All  companies  shall  place  in,  on 
or  around  the  tops  of  the  chimneys  or  engines,  a  screen, 
fender,  damper  or  other  appliance,  that  will  prevent,  as 
far  as  possible,  sparks  of  fire  from  escaping  from  such 
chimneys.     (Penalty  for  violation,  §  793.) 

Sufficient  cars — Baggage  checked.  §  783.  Every  com- 
pany shall  furnish  sufficient  accommodation  for  the  trans- 
portation of  all  such  passengers  and  property  as  shall, 
within  a  reasonable  time  previous  thereto,  offer,  or  be 
offered,  for  transportation,  at  places  established  by  the 
corporation  for  receiving  and  discharging  passengers  and 
freight,  and  shall,  when  requested,  check  every  parcel  of 
baggage  taken  for  transportation,  if  there  is  a  handle,  loop 
or  fixture,  so  that  the  same  can  be  attached,  and  sha'l 
give  to  the  person  delivering  such  baggage  a  check  for  tho 
same. 

Ticket  offices  to  be  kept  open—Notice  of  delay  of  trains 
— Announcement  of  stations  and  route  of  trains,  i  784. 
All  companies  shall  keep  their  ticket  offices  open  for  the 
sale  of  tickets  at  least  30  minutes  immediately  preceding 
the  schedule  time  of  departure  of  all  passenger  trains  from 
every  regular  passenger  depot  from  which  such  trains 
Btart  or  at  which  they  regularly  stop;  and  shall  open  the 
waiting  room  for  passengers  at  the  same  time  as  the  ticket 
office,  and  keep  it  open  and  comfortably  warmed  in  cold 
weather  until  the  train  departs;  and  when  any  regular 
passenger  train  is  delayed  for  30  minutes  in  its  arrival 
at  a  station  which  is  a  telegraph  office.  It  shall  cause  to 
have   posted    in   some   conspicuous   place   in   the   waiting 


room  for  passengers  at  such  station  the  fact  of  and  th» 
length  of  time  of  the  delay  as  soon  as  the  same  is  ascer- 
tained by  its  agent  at  such  station;  and  shall  cause  to  be 
announced  twice  within  each  passenger  car  of  every  pas- 
senger train,  within  a  reasonable  time  before  its  arrival  at 
a  station  at  which,  from  notice  given,  it  is  to  stop,  the  nam« 
of  such  station;  and  at  junctions,  crossings  and  point* 
where  trains  leave  at  or  near  the  same  time  in  different 
directions,  shall  cause  to  be  announced  in  each  passenger 
car  the  direction  in  which  such  car  is  to  go.  Any  rallroal 
company  refusing  or  failing  to  comply  with  the  provision* 
of  this  section  shall  be  fined  not  less  than  $10  nor  more 
than  $20  for  each  offense,  to  be  collected  in  any  court  of 
competent  jurisdiction.  (Section  as  amended  by  Act  March 
3,  1894.) 

Freight  or  baggage  unclaimed  may  be  sold.  §  785. 
Every  company  that  shall  have  unclaimed  freight,  not 
perishable,  or  unclaimed  baggage  in  its  possession,  for  one 
year  or  more,  may  sell  the  same  at  public  auction,  and  out 
of  the  proceeds  thereof  retain  the  expenses  of  transporta- 
tion, storage,  advertisement  and  sale.  Notice  of  such  sal» 
shall  be  given  to  the  consignor  and  consignee  by  letter 
addressed  to  each  of  them,  respectively,  and  mailed  to  the 
nearest  postoffice  to  the  place  at  which  the  goods  were  re- 
ceived, and  to  which  they  were  carried;  and  notice  of  such 
sale  shall  also  be  published  for  four  weeks  in  some  news- 
paper of  general  circulation  in  the  State.  In  case  the 
freight  is  perishable,  it  may  be  sold  as  soon  as  it  is  deemed 
necessary  and  proper,  and  notice  of  such  sale  shall  be 
given,  if  practicable,  to  the  consignor  and  consignee,  as 
herein  directed.  A  record  shall  be  kept  of  the  articles 
sold,  and  prices  obtained  therefor,  and  the  surplus,  if  any, 
after  payment  of  charges,  shall  be  paid  to  the  owner  of 
such  articles,  if  demanded,  at  any  time  within  two  years 
from  date  of  sale. 

Bell  and  tchistle,  to  be  rung  or  sounded  at  crossings. 
S  786.  Every  company  shall  provide  each  locomotive  engine 
passing  upon  its  road  with  a  bell  of  ordinary  size,  and 
steam  whistle,  and  such  bell  shall  be  rung,  or  whistle 
sounded,  outside  of  incorporated  cities  and  towns,  at  a 
distance  of  at  least  50  rods  from  the  place  where  the  road 
crosses  upon  the  same  level  any  highway  or  crossing,  at 
which  a  signboard  is  required  to  be  maintained,  and  such 
bell  shall  be  rung  or  whistle  sounded  continuously  or  al- 
ternately until  the  engine  has  reached  such  highway  cross- 
ing, and  shall  give  such  signals  in  cities  and  towns  as 
the  legislative  authorities  thereof  may  require.  (Penalty 
for  violation,  §  793.) 

Cars  not  to  be  lighted  toith  dangerous  oils.     §  787.    No 
passenger  car  on  any  railroad  shall  be  lighted  by  naphtha,' 
or  by  illuminating  oil  or  fiuid  made  in  part  of  naphtha,  or 
any  oil  or  fluid  which  will  ignite  at  a  temperature  of  less 
than  300  degrees  Fahrenheit.  (Penalty  for  violation,  §  793.) 

Explosive  compound — Rules  regulating  transportation 
by  carriers — Duty  of  commission.  §  788.  No  railroad  cor- 
poration, street  railway  company,  steamboat  company,  or 
other  association,  copartnership,  person  or  persons,  engaged 
in  the  transportation  of  passengers  within  this  common- 
wealth, shall  knowingly  transport  between  persons  or 
places  within  the  territorial  limits  of  this  commonwealth, 
or  transport  into  such  limits  for  sale,  storage,  or  use 
therein,  or  use  therein,  any  explosive  compound  in  quan- 
tities exceeding  the  amounts  hereinafter  provided  for,  in 
any  vehicle  containing  passengers,  or  In  any  vehicle  at- 
tached to  any  railroad  train  or  vehicle  carrying  passengers, 
or  in  any  case,  unless  the  said  explosive  compounds  be 
plainly  and  legibly  marked  with  the  names  of  such  com- 
pounds, and  the  words  "explosives,"  "dangerous."  It  shall 
be  the  duty  of  the  board  of  railroad  commissioners,  from 
time  to  time,  to  make  rules  fixing  the  maximum  amounts 
of  various  explosive  compounds  which  may  be  so  carried  In 
any  public  vehicle  or  in  a  railroad  train  containing  pas- 
sengers, or  in  a  vehicle  attached  to  such  train,  or  In  any 
car  or  public  vehicle,  whether  freight  or  passenger;  and 
said  rules,  subscribed  by  said  railroad  commissioners,  shall 
be  published  for  the  period  or  four  weeks  in  a  daily  paper 
published  in  Louisville,  Paducah,  and  Covington  each,  and  a 
copy  of  said  rules,  certified  by  either  member  of  said  board, 
and  a  like  certificate  of  the  fact  of  their  due  publication, 
shall  in  all  cases  be  legal  and  conclusive  proof  of  said 
rules  and  of  the  proper  publication  thereof. 

Penalty  for  transporting  explosive  compound  in  viola- 
tion of  law.  %  789.  Any  railroad  corporation,  street  rail- 
way company,   steamboat  company,   or   other  association, 


588 


National  Association  of  Railway  Commissioners 


I 


copartnership,  or  person,  that  shall  transport  any  explosive 
compound  contrary  to  the  rules  prescribed  as  aforesaid  by 
said  board,  after  they  shall  have  been  published  as  herein 
required,  or  who  shall  send  or  receive  such  explosive  com- 
pound not  marked  as  aforesaid,  or  who  shall  send  such 
explosive  compound  not  packed  as  required  by  said  rules; 
or  any  conductor  of  a  train  of  cars  on  any  railroad,  or  cap- 
tain of  a  steamboat,  or  person  in  charge  of  any  public 
vehicle  engaged  In  transporting  passengers  or  freight,  who 
ehall  fail  to  observe  said  rules  in  transporting  an  explo- 
sive compound  after  the  same  shall  have  been  published 
as  aforesaid,  shall  be  fined  not  less  than  $50  nor  more  than 
$500,  or  imprisoned  in  the  county  jail  not  less  than  10  nor 
more  than  100  days,  or  both,  within  the  discretion  of  a  jury. 

Comhustible  material  is  to  be  removed  from  right  of 
way.  §  790.  Every  company  shall  keep  its  right  of  way 
clear  and  free  from  weeds,  high  grass,  and  decayed  timber, 
which,  from  their  nature  and  condition,  are  combustible 
material,  liable  to  take  and  communicate  fire  from  passing 
trains  to  abutting  or  adjacent  property. 

Lease  or  contract  under  which  road  operated  to  be 
recorded.  §  791.  Every  person  now  operating,  or  that  may 
hereafter  operate,  a  railroad  in  this  State  under  a  contract 
or  lease,  shall  have  the  same  recorded  in  the  office  of  the 
Secretary  of  State  and  in  the  county  clerk's  office  of  every 
county  in  which  said  road,  or  any  part  thereof,  lies,  within 
30  days  after  the  contract  or  lease. is  executed;  or,  if  here- 
tofore made,  within  30  days  after  this  law  goes  into  effect. 
<Penalty  for  violation  §  793.) 

Facilities — Connecting  lines.  §  792.  When  two  rail- 
road companies  use  the  same  line  of  roadway  in  the 
operation  of  their  trains,  they  shall  afford  along  such 
roadway  reasonable  and  proper  facilities  for  the  receiv- 
ing, forwarding  and  delivering  of  passengers  and  property 
without  discrimination  in  their  rates  and  charges.  All 
contracts  made  between  such  companies  in  so  far  as 
the  same  shall  conflict  with  the  provisions  of  this  section 
are  hereby  declared  to  be  null  and  void,  and  contrary . 
to  public  policy.  The  railroad  commissioners  shall  en- 
force the  provisions  of  this  section  by  imposing  the  same 
penalties  for  violations  thereof  as  Is  provided  in  §  227  of 
this  Act  for  violations  of  said  section. 

Penalties  for  violation  of  certain  sections — How  re- 
covered. §  793.  Any  company  failing  to  comply  with  or 
violating  or  permitting  any  of  its  employes  or  agents  to 
violate  any  of  the  provisions  of  §§  772,  773,  774,  775,  777, 
778,  780,  781,  782,  786,  787,  and  791  of  this  article  shall,  in 
addition  to  subjecting  itself  to  any  damages  that  may  be 
caused  by  such  failure  or  violation,  be  guilty  of  a  misde- 
meanor and  be  fined  for  each  failure  or  violation  not  less 
than  $100  nor  more  than  $500,  to  be  recovered  by  indict- 
ment in  the  Circuit  Court  of  any  county  through  which  the 
company  in  default  operates  a  fine  of  road,  or  in  the  Frank- 
lin  Circuit  Court. 

Shooting  or  throwing  at  or  into  engine  or  car — Penalty. 
%  794.  Any  person  who  shall  recklessly,  wantonly,  or 
maliciously  throw  any  stone,  stick,  club,  or  other  missile 
at  or  into,  or  shoot  at  or  into,  any  engine  of  any  railroad 
train  in  this  State,  or  any  car  attached  thereto,  on  or  in 
■which  engine  or  car  they  may  be  any  passenger  or  other 
person,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  $100  nor 
more  than  $500,  or  imprisoned  in  the  county  jail  not  less 
than  6  nor  more  than  12  months.  And  if  any  such  stone, 
stick,  club,  or  other  missile  so  thrown  was  calculated  to 
produce  death  or  great  bodily  harm,  and  any  person  or  pas- 
senger, on  or  in  such  engine  or  car  attached  thereto,  shall 
be  injured  or  wounded,  such  person  so  throwing  the  same 
shall  be  deemed  guilty  of  a  felony,  and  be  fined  in  a  sum 
not  less  than  $200  nor  more  than  $500,  and  imprisoned  in 
the  penitentiary  not  less  than  one  nor  more  than  two 
years.  And  should  death  ensue  from  such  throwing  or 
shooting  within  one  year  thereafter,  the  person  guilty  of 
the  same,  as  herein  provided,  shall  be  deemed  guilty  of 
murder. 

Separate  coaches  or  compartments  for  white  and  colored 
passengers.  §  795.  Any  railroad  company  or  corporation, 
person  or  persons,  running  or  otherwise  operating  railroad 
cars  or  coaches,  by  steam  or  otherwise,  on  any  railroad  line 
or  track  within  this  State,  and  all  railroad  companies, 
person  or  persons,  doing  business  in  this  State,  whether 
upon  lines  of  railroad  owned  in  part  or  whole,  or  leased  by 
them;  and  all  railroad  companies,  person  or  persons,  oper- 


ating railroad  lines  that  may  hereafter  be  built  under 
existing  charters,  or  charters  that  may  hereafter  be  granted 
in  this  State;  and  all  foreign  corporations,  companies,  per- 
son or  persons,  organized  under  charters  granted,  or  that 
may  be  hereafter  granted,  by  any  other  State,  who  may  be 
now.  or  may  hereafter  be,  engaged  in  running  or  operating 
any  of  the  railroads  of  this  State,  either  in  part  or  whole, 
either  in  their  own  name  or  that  of  others,  are  hereby  re- 
quired to  furnish  separate  coaches  or  cars  for  the  travel  or 
transportation  of  the  white  and  colored  passengers  on  their 
respective  lines  of  railroad.  Each  compartment  of  a  coach 
divided  by  a  good  and  substantial  wooden  partition,  with  a 
door  therein,  shall  be  deemed  a  separate  coach  within  the 
meaning  of  this  Act,  and  each  separate  coach  or  compart- 
ment shall  bear  in  some  conspicuous  place  appropriate 
words  in  plain  letters  indicating  the  race  for  which  it  is 
set  apart.     (This  and  §§  786-801  is  an  Act  of  May  24,  1892.) 

No  discrimination  in  coaches  or  compartments.  §  796. 
That  the  railroad  companies,  person  or  persons  shall 
make  no  difference  or  discrimination  in  the  quality,  con- 
venience or  accommodations  in  the  cars  or  coaches  or 
partitions   set  apart  for   white   and  colored   passengers. 

Misdemeanor — Penalty.  §  797.  That  any  railroad  com- 
pany or  companies  that  shall  fail,  refuse  or  neglect  to 
comply  with  the  provisions  of  §§  795  and  796  shall  h9 
deemed  guilty  of  a  misdemeanor,  and,  upon  indictment 
and  conviction  thereof,  shall  be  fined  not  less  than  $50) 
nor  more   than   $1,500   for   each   offense. 

Jurisdiction  of  Circuit  Courts.  §  798.  That  all  Circuit 
Courts  in  which  railroads  are  operated  in  this  Stat  j 
shall    have    complete    jurisdiction    over    such    offenses. 

Duties  and  powers  of  conductors  of  trains.    §  799.    Th; 
conductors    or    managers     on    all    railroads     shall     hav ! 
power,  and  are  hereby  required,  to  assign  to  each  whiti 
or  colored  passenger  his  or  her  respective  car  or  coach 
or    compartment,    and    should    any    passenger    refuse    tn 
occupy   the   car,   coach   or   compartment  to    which    he   o  ■ 
she  may  be  assigned  by  the  conductor  or  manager,  sail 
conductor  or  manager   shall  have  the  right  to  refuse  to 
carry    such    passenger    on    his   train,    and    may    put   sucl 
passenger    off    the    train.      And    for    such    refusal    an( 
putting  off  the  train  neither  the  manager,  conductor  no 
railroad    company    shall    be    liable    for    damages    in    an; 
court. 

Penalty  imposed  on  conductors  for  violation  of  duty 
§  800.  That  any  conductor  or  manager  on  any  railroac 
who  shall  fail  or  refuse  to  carry  out  the  provisions  o 
§  799  shall,  upon  conviction,  be  fined  not  less  than  $5i 
nor  more  than  $100  for  each  offense. 

Persons  to  whom  Act  not  applicable.  §  801.  The  pro 
visions  of  this  Act  shall  not  apply  to  employes  of  rail 
roads  or  persons  employed  as  nurses,  or  officers  li 
chaTge  of  prisoners  (nor  shall  the  same  apply  to  tb 
transportation  of  passengers  in  any  caboose  car  attache! 
to  a  freight  train).  (Words  in  brackets  added  bj 
amendment  of  March   15,   1894.) 

Interference  with  transportation  of  freight  or  passenger. 
— Employes  may  quit  work.  §  802.  That  it  shall  be  un 
lawful  for  any  person  or  i)ersons  to  prevent,  hinder  oi 
delay,  or  to  attempt  to  prevent,  hinder  or  delay,  bj 
violence,  the  transportation  of  freight  or  passengers  il 
this  State,  by  any  individual,  firm,  company,  corporation 
or  association  doing  business  in  this  State,  or  to  inter 
fere  with,  by  violence,  any  person  or  agency  engaget 
in  the  conduct  of  commerce  and  traffic  in  this  State  li 
such  manner  as  to  obstruct  or  impede  the  movemen 
and  conduct  of  such  commerce  or  traffic;  but  nothin} 
herein  shall  be  construed  to  prevent  any  person,  or 
class  of  persons,  from  quitting  their  employment  at  anj 
time  they   see   proper.     (Act,  June   10,   1893.) 

Coercion  or  intimidation  forbidden.  §  803.  And  it  shall 
be  unlawful  for  any  person  or  persons  to  prevent  or 
hinder,  or  attempt  to  prevent  or  hinder,  by  coercion, 
Intimidation,  or  any  trespass  or  violent  interferenco 
therewith,  the  free  and  lawful  use  of  his  or  its  prop- 
erty, by  any  individual,  firm,  company,  corporation  O' 
association  engaged  in  the  business  of  transporting 
freight  and  passengers,  and  in  the  conduct  of  commerce 
and  traffic  in  this  State,  or  the  free  and  lawful  use  ot 
said  property  by  any  agent  or  employe  of  the  owner 
thereof.     (Act  June  10,  1893.) 

Penalty  for  violation  of  two  preceding  sections.     §  804. 


Public  Sehvice  Laws 


589 


Whoever  shall  violate  the  provisions  of  either  of  the 
two  preceding  sections  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  by  any  court  of  com- 
petent jurisdiction,  shall  be  punished  for  each  offense 
by  a  fine  of  not  less  than  $25  nor  more  than  $200,  or 
by  imprisonment  in  the  county  jail  of  the  county  wherein 
the  offense  is  committed  not  less  than  10  days  nor  more 
than  six  months,  or  shall  be  both  so  fined  and  imprisoned, 
In  the  discretion  of  the  jury.     (Act  June  10,  1893.) 

Vnlatvful  to  chrry,  free,  persons  to  places  where  public 
officers  are  assembled  to  intimidate  them — Penalty.  §  804a. 
1.  That  it  shall  be  unlawful  for  any  common  carrier  of 
passengers  operating  in  this  commonwealth  to  transport 
free  of  charge  any  person  or  persons  to  any  place  In 
this  commonwealth,  either  with  or  without  tickets  or 
passes,  to  a  point  where  an  official  act  of  an  officer  or 
officers,  under  the  laws  of  this  commonwealth,  are  re- 
quired to  meet  by  law  and  perform  such  duties  as  are 
required  and  enjoined  upon  them  by  the  law,  for  the  pur- 
pose of  intimidating  or  alarming  such  officer  or  officers 
in  the  discharge  of  their  official  duties  by  the  threaten- 
ing or  menancing  presence  of  such  person  or  persons  so 
transported  to  such  place  where  such  officer  or  officers 
may  be  performing  his  or  their  official  duties.  That  any 
common  carrier  found  guilty  of  a  violation  of  the  pro- 
visions of  this  section  shall,  upon  conviction  thereof,  be 
fined  for  the  first  offense  in  the  sum  of  $1,000,  and  for 
each  subsequent  offense  in  the  sum  of  $2,000,  and  each 
person  or  persons  so  transported  in  violation  of  this 
section   shall   be  deemed   a   separate   offense. 

Unlauful  to  furnish  such  persons  transportation — Pen- 
alty. §  2.  That  it  shall  be  unlawful  for  any  person  or  per- 
sons to  furnish  or  provide  any  other  person  or  persons 
in  this  commonwealth  any  transportation,  by  passes  or 
tickets  or  otherwise,  over  the  route  of  any  common  car- 
rier operating  in  this  commonwealth  to  any  point  in 
this  State  where  it  is  made  by  law  the  place  for  any 
officer  or  officers,  under  the  laws  of  this  State,  to  meet 
and  perform  such  duties  as  are  enjoined  upon  such 
officer  or  officers  by  the  law,  for  the  purpose  of  In- 
timidating or  alarming  such  officer  or  officers  by  the 
threatening  or  menacing  presence  of  such  person  or 
persons  so  furnished  transportation.  That  any  person 
or  persons  found  guilty  of  a  violation  of  the  provisions 
of  this  section  shall  each  of  them,  upon  conviction  thereof, 
be  fined  for  the  first  offense  in  the  sum  of  $500,  and  for 
each  subsequent  offense  shall  each  be  fined  in  the  sum 
of  $1,000,  and  each  person  so  transported  or  furnished 
transportation,  inviolation  of  this  section,  shall  be 
deemed  a  separate  offense. 

Jurisdiction  of  courts.  §  3.  That  the  court  of  any  county 
through  or  into  which  each  person  shall  be  transported. 
In  violation  of  either  of  the  first  or  second  sections  of 
this  Act,  shall  have  jurisdiction  of  the  offenses  therein 
named.  (This  section  is  an  Act  of  March  15,  1900;  the 
numbers  of  the  subsections  are  the  numbers  of  the 
sections  of  the  Act.) 

Vnlaxcful  to  get  on  or  off  train  whilst  in  motion — 
Penalty.  §  805.  It  shall  be  unlawful  for  any  person,  other 
than  passengers  and  employes  to  get  on  or  off  on  the 
outside,  or  to  swing  on  or  hang  on  from  the  outside  of 
any  engine  or  car  whilst  the  same  is  in  motion  or 
switching,  or  immediately  preceding  its  moving  or  switch- 
ing. Any  person  violating  the  provisions  of  this  section 
shall  be  fined  not  exceeding  $10  for  each  offense. 

Ejection  and  punishment  for  offensive  conduct  or 
language.  §  806.  If  any  person  whilst  riding  on  a  pas- 
senger or  other  train  shall,  in  the  hearing  or  presence 
of  other  passengers,  and  to  their  annoyance,  use  or 
utter  obscene  or  profane  language,  or  behave  in  a 
boisterous  or  riotous  manner,  or  obtain,  or  attempt  to 
obtain,  money  or  property  from  any  passenger  by  any 
game  or  device,  he  shall  be  fined  for  each  offense  not 
less  than  $25  nor  more  than  $100,  or  imprisoned  In  the 
county  jail  not  less  than  10  nor  more  than  50  days, 
or  both  so  fined  and  imprisoned;  and  it  shall  be  the 
duty  of  the  conductor  in  charge  of  any  train  upon  which 
there  is  a  person  who  has  violated  the  provisions  of 
this  section  either  to  put  such  person  off  the  train,  or 
to  give  notice  of  such  violation  to  some  peace  officer 
at  the  first  stopping  place  where  any  such  officer  may  be. 

Injuring  or  obstructing  railroad — Penalty.     §  807.    Any 


person  who  shall  wilfully  and  maliciously  tear  up,  dis- 
place, break  or  disturb  any  rail  or  other  fixture  attached 
to  the  track  or  switch  of  any  railroad  in  operation,  or 
break  any  bridge  or  viaduct  of  such  road,  or  who  shall 
place  any  obstruction  on  the  track  or  switch  of  such 
road,  or  do  any  act  whereby  any  engine  or  car  might 
be  upset,  arrested  or  thrown  from  the  track  of  such 
road  or  switch,  or  any  branch  or  turn-out,  shall  be  con- 
fined in  the  penitentiary  not  less  than  one  nor  more 
than  five  years. 

Penalty  where  life  imperiled,  or  train  derailed.  §  808. 
Any  person  who  shall,  by  any  of  the  acts  mentioned  in 
the  next  preceding  section,  cause  the  life  of  any  person 
to  be  put  in  Immediate  peril,  or  cause  any  locomotive  or 
car  to  be  actually  thrown  from  the  track,  shall  be  con- 
5ned  In  the  penitentiary  not  less  than  two  nor  mor« 
than    10   years. 

Cattle,  killing  or  injury  of — Prima  facie  negligence — 
When  damages  divided.  §  809.  If,  by  the  locomotive  or 
cars  of  any  company,  cattle  shall  be  killed  or  injured  In 
the  track  of  said  road  adjoining  the  lands  belonging  to  or 
in  the  occupation  of  the  owner  of  such  cattle,  who  has 
not  received  compensation  for  fencing  said  land  along 
said  road,  the  loss  shall  be  divided  between  the  railroad 
company  and  the  owner  of  such  cattle;  but  in  every  case 
where  cattle  are  killed  or  Injured  by  the  negligence  or  care- 
lessness of  the  agents  or  servants  of  any  company,  It  shall 
pay  full  damages  for  such  killing  or  Injury;  and  the  killing 
or  Injury  of  cattle  by  the  engine  or  cars  of  any  company 
shall  be  prima  facie  evidence  of  negligence  and  careless- 
ness on  the  part  of  the  company,  its  agents  and  servants. 
(See  as  to  fences,  §§  1789  and  1796;  as  to  cattle  guards, 
§  1793.) 

Appraisement  of  cattle  killed  or  injured — How  and  by 
whom — Report.  §  810.  Whenever  any  cattle  may  be  killed 
or  injured  by  the  cars  or  locomotive  upon  any  railroad. 
It  shall  be  lawful  for  the  owner  of  the  cattle  so  killed  or 
injured,  after  first  giving  the  nearest  station  agent  of  the 
company  operating  said  railroad  written  notice  of  his 
Intention,  to  apply  to  a  justice  of  the  peace  within  the 
district  in  which  said  •  cattle  may  have  been  killed  or 
injured;  and  said  justice  shall  appoint  three  discreet  and 
disinterested  housekeepers  of  his  county  a  board  of  ap- 
praisers, who,  after  being  duly  sworn,  shall  examine  the 
cattle  so  killed  or  injured,  and  affix  a  value  upon  the 
same  if  killed,  or  assess  the  damages  to  the  same  if  in- 
jured, and  return  to  said  justice  a  written  report,  carefully 
describing  the  cattle,  stating  whether  they  were  killed  or 
Injured,  and  also  setting  out  the  valuation  or  assessment 
of  damage  made  by  them;  which  report  said  justice  shall 
preserve  as  a  part  of  the  records  of  his  office. 

Action  to  recover  appraised  value — Damages  when 
amount  recovered — Costs.  §  811.  If  the  company  shall  fail, 
for  GO  days,  to  pay  to  the  owner  of  the  cattle,  so  killed  or 
Injured  the  full  amount  assessed  by  said  board  of  apprais- 
ers, and  one-half  the  cost  attending  the  assessment,  he 
shall  have  the  right  to  institute  suit  on  the  original  cause 
of  action;  and  if  upon  the  trial  he  recovers  a  verdict  for 
an  amount  equal  to  the  amount  assessed  in  his  favor  by 
said  board  of  appraisers,  it  shall  be  the  duty  of  the  court 
to  render  judgment  in  his  favor  for  the  amount  of  said 
verdict,  and  25  per  centum  in  addition  thereto;  but  if  the 
company  has  offered  to  pay  the  award  and  the  owner 
has  refused  to  accept  the  same,  and  he  fails  to  recover 
a  verdict  for  an  amount  equal  to  said  assessment,  the  cost 
of  the  action  shall  be  taxed  against  him. 

Fees  of  justice  and  appraisers — When  to  be  taxed  as 
costs.  §  812.  The  justice  of  the  peace  and  the  three  ap- 
praisers shall  receive  for  their  services,  each,  the  sum  of 
$1,  to  be  paid  equally  by  the  company  and  owner  of  the 
stock  killed  or  injured;  and  if  an  action  is  brought  against 
the  company,  these  fees  shall  be  taxed  as  costs  against  the 
unsuccessful  party. 

Fencing  of  road  by  company — Sections  not  applicable. 
§  813.  The  provisions  of  the  last  three  preceding  sections 
shall  not  apply  to  any  railroad  company  which  shall  in- 
close its  entire  line  of  road  with  a  good  and  lawful  fence, 
and  good  and  sufficient  cattle-gaps  and  keep  the  same  In 
repair.     (See,  further,  as  to  fences,  §§  1789-99.) 

Rolling  stock  personal  property  subject  to  execution. 
5  814.  The  rolling  stock  and  other  movable  property  be- 
longing to  any  company  In  this  State  shall  be  considered 


590 


Natioxal  Association  of  Railway  Commissioners 


personal  property,  and  liable  to  execution  and  sale  in  the 
same  manner  as  the  property  of  Individuals;  and  the  earn- 
ings, money  and  choses  in  action  of  any  company  in  the 
hands  of  any  officer,  agent  or  employe  may  be  subjected 
to  the  payment  of  debts  in  the  same  manner  as  similar 
property  of  individuals;  and  after  an  execution  on  a  judg- 
ment against  any  company  owning  or  operating  any  rail- 
road in  this  State  shall  be  returned  by  the  proper  officer 
no  property  found,  in  whole  or  in  part,  the  plaintiff  therein 
may  Institute  an  equitable  action  against  said  company 
In  the  Circuit  Court  of  the  county  in  which  said  judgment 
was  rendered,  to  place  its  road  and  property  in  the  hands 
of  a  receiver;  and  the  court,  upon  a  petition  showing  said 
return  and  the  failure  to  pay  said  judgment  upon  the  serv- 
ice of  summons  upon  said  company,  shall  appoint  some 
suitable  person  as  receiver  of  said  company,  and,  as  such, 
take  possession  and  control  of  all  the  road  and  property 
belonging  to  and  operated  by  said  company,  including  all 
rolling  stock  thereof.  Said  receiver  shall  operate  said  road 
until  he  shall  have  collected  a  sum  sufficient  to  pay  oft 
the  judgment  and  costs,  and  the  cost  of  the  receivership, 
when  he  shall  surrender  the  road  and  property  to  the  de- 
fendant. The  receiver  shall  first  pay  out  of  the  earnings 
and  receipts  of  the  road  collected  by  him  the  necessary 
operating  expenses,  including  in  same  what  shall  be  neces- 
Bary  to  keep  said  road  in  such  repair  that  it  can  be  safely 
and  properly  operated.  The  said  receiver  before  entering 
upon  his  duties,  shall  execute  a  bond  for  the  faithful  per- 
formance of  his  duties,  with  good  and  sufficient  sureties,  to 
be  approved  by  the  court.     (See  Con.,  §  212.) 

Mine  or  quarry,  road  from,  to  railroad  or  river — Con- 
demnation of  land.  §  815.  Any  person  engaged  in  operat- 
ing a  mine  or  stone  quarry  within  three  miles  of  any 
navigable  stream  or  railroad,  may,  for  the  purpose  of  trans- 
porting material,  to  and  from  such  stream  or  railroad  and 
«uch  mine  or  quarry,  construct  and  operate  a  line  of  rail- 
road from  such  mine  or  quarry,  to  the  most  convenient  and 
accessible  point  on  such  stream  or  road,  and  may,  under 
the  general  laws,  condemn  such  land  as  may  be  necessary, 
not  exceeding  50  feet  in  width  for  each  track  necessarily 
constructed,  and  not  exceeding  two  acres  of  land  at  such 
railroad  or  stream  for  the  purpose  of  necessary  buildings. 
The  owner  or  proprietor  of  such  road  shall  be,  so  far  as 
they  are  applicable,  governed  and  controlled  by  the  laws 
relating  to  other  railroads,  and  shall  have  the  same  rights 
and  privileges  granted  to  corporations  owning  and  operat- 
ing lines'  of  railroad. 

Extortion,  what  is.  §  816.  If  any  railroad  company  shall 
charge,  collect  or  receive  more  than  a  just  and  reasonable 
rate  of  toll  or  compensation  for  the  transportation  of  pas- 
sengers or  freight  in  this  State,  or  for  the  use  of  any  rail- 
road car  upon  its  track,  or  upon  any  track  it  has  control  of, 
or  the  right  to  use  in  this  State,  It  shall  be  guilty  of 
extortion.  (Penalty  for,  §  819;  trial  for,  §  829;  see,  further, 
as  to  extortion,  §  820a.) 

Discrimination,  what  is.  §  817.  If  any  corporation 
engaged  in  operating  a  railroad  in  this  State  shall  directly 
or  Indirectly,  by  any  special  rate,  rebate,  drawback  or  other 
device,  charge,  demand,  collect  or  receive  from  any  person 
a  greater  or  less  compensation  for  any  service  rendered  in 
the  transportation  of  passengers  or  property  than  it 
charges,  demands,  collects  or  receives  from  any  other  per- 
son for  doing  for  him  a  like  and  contemporaneous  service 
in  the  transportation  of  a  like  kind  of  traffic,  it  shall  be 
deemed  guilty  of  unjust  discrimination.  (Penalty  for, 
§§  8,  9;  trial  for,  §  829;  and  see  Con.,  213-218.) 

Preference  or  advantage  forbidden — Rules  defining  same 
—Quantity  of  freight.  §  818.  It  shall  be  unlawful  for  any 
corporation  to  make  or  give  any  undue  or  unreasonable 
preference  or  advantage  to  any  particular  person  or  lo- 
cality, or  any  particular  description  of  traffic,  in  any  respect 
whatever.  In  the  transportation  of  a  like  kind  of  traffic;  or 
to  subject  any  particular  person,  company,  firm,  corporation 
or  locality,  or  any  particular  description  of  traffic,  to  any 
undue  or  unreasonable  prejudice  or  disadvantage.  When 
one  or  more  carloads  of  freight  shall  be  transported  at  the 
same  time  for  different  persons,  and  for  each  shipper  a 
carload  or  more,  such  shipment  shall  be  considered  and 
taken  as  the  same  quantity  of  freight  within  the  meaning 
of  this  law;  and  when  less  than  a  carload  of  freight,  and 
over  5,000  pounds,  are  transported  at  the  same  time  for 
different  shippers,  and  for  each  shipper  over  5,000  pounds. 


such  shipment  shall  be  considered  and  taken  as  the  same 
quantity  of  freight;  and  when  over  500  pounds  and  lesa 
than  5,000  pounds  are  transported  at  the  same  time  for 
different  shippers,  and  for  each  shipper  said  quantity  of 
freight,  such  shipment  shall  be  considered  and  taken  as 
the  same  quantity  of  freight.  (Penalty  for,  §  819;  trial 
for,  §  829;  and  see  Con.,  §§  213-218.) 

Penalty  and  damages  for  extortion,  discrimination, 
preference — Justification — Duty  of  commission — Limitation. 
i  819.  Any  railroad  corporation  that  -shall  be  guilty  of 
extortion  or  unjust  discrimination,  or  of  giving  to  any 
person  or  locality,  or  to  any  description  of  traffic,  an 
undue  or  unreasonable  preference  or  advantage,  shall, 
upon  conviction,  be  fined  for  the  first  offense  in  any 
sum  not  less  than  $500  nor  more  than  $1,000;  and.  upon 
a  second  conviction.  In  any  sum  not  less  than  $500  nor 
more  than  $2,000;  and,  upon  a  third  conviction,  in  any 
sum  not  less  than  $2,000  nor  more  than  $5,000.  The 
Circuit  Court  of  any  county  into  or  through  which  the 
line  or  railroad  may  run,  owned  or  operated  by  the 
corporation  alleged  to  be  guilty  as  aforesaid,  and  the 
Franklin  Circuit  Court,  shall  have  jurisdiction  of  the 
offense,  which  shall  be  prosecuted  by  indictment,  or  by 
action  in  the  name  of  the  commonwealth,  upon  infer  na- 
tion filed  by  the  board  of  railroad  commissioners;  and 
such  railroad  corporation  shall  also  be  liable  in  damages 
to  the  party  aggrieved  to  the  amount  of  damages  sus- 
tained, together  with  cost  of  suit  and  reasonable  at- 
torneys' fees  to  be  fixed  by  the  court.  Indictments  un  ier 
this  section  shall  be  made  only  upon  the  recommenda- 
tion or  request  of  the  railroad  commission,  filed  in  he 
court  having  jurisdiction  of  the  offense;  and  all  pre  se- 
cutions  and  actions  under  this  law  shall  be  commenced 
within  two  years  after  the  offense  shall  have  b<  en 
committed,  or  the  cause  of  action  shall  have  accrued. 
(Trial  of  action  for  damages  by  party  aggrieved,  §  i  29, 
and   see   Con.,   §§  213-218.) 

Compensation — Short  and  long  hauls — Proceedir  ga, 
{  820.  If  any  person  owning  or  operating  a  railroad  In  t  ilB 
State,  or  any  common  carrier  shall  charge  or  receive  i  ny 
greater  compensation  in  the  aggregate  for  the  transpoi  ta- 
tlon  of  passengers  or  property  of  like  kind,  under  subst  in- 
tlally  similar  circumstances  and  conditions,  for  a  shor  er 
than  for  a  longer  distance,  over  the  same  line,  in  he 
same  direction,  the  shorter  being  included  within  he 
longer  distance,  such  person  shall,  for  each  offer  ae, 
be  guilty  of  a  misdemeanor,  and  fined  not  less  tl  an 
$100  nor  more  than  $500,  to  be  recovered  by  ind  ct- 
ment  in  the  Franklin  Circuit  Court,  or  the  Circuit  Co  irt 
of  any  county  into  or  through  which  the  railroad  or  ci  m- 
mon  carrier  so  violating  runs  or  carries  on  its  buslnc  ss. 
Upon  complaint  made  to  the  railroad  commission  that  <  ny 
railroad  or  common  carrier  has  violated  the  provisi'  ns 
of  this  section,  it  shall  be  the  duty  of  the  commission  to 
investigate  the  grounds  of  complaint,  and  if,  after  si  ch 
Investigation,  the  commission  deems  It  proper  to  ex  m- 
erate  the  railroad  or  common  carrier  from  the  operat  on 
of  the  provisions  of  this  section,  an  order  in  writing  to 
that  effect  shall  be  made  by  the  commission,  and  a  C(  py 
thereof  delivered  to  the  complainant  and  the  railroad  or 
common  carrier,  and  the  same  shall  be  published  as  a 
part  of  the  report  of  the  commission;  and  after  si  oh 
order  the  railroad  or  carrier  shall  not  be  prosecuted  or 
fined  on  account  of  the  complaint  made.  If  the  comnis- 
iion,  after  investigation,  fails  to  exonerate  the  railnad 
or  carrier  from  the  operation  of  the  provisions  of  this 
section,  an  order  in  writing  to  that  effect  shall  be  m:.de 
by  the  commission  and  a  copy  thereof  delivered  to  he 
complainant,  and  the  railroad  or  common  carrier,  and  he 
same  shall  be  published  as  a  part  of  the  report  of  he 
commission;  and  after  such  order  it  shall  be  the  duty  of 
the  commission  to  furnish  a  statement  of  the  facts,  to- 
gether with  a  copy  of  its  order,  to  the  grand  jury  of  any 
county,  the  Circuit  Court  of  which  has  jurisdiction.  In 
order  that  the  railroad  company  or  carrier  may  be 
Indicted  for  the  offense;  and  the  commission  shall  use 
proper  efforts  to  see  that  such  company  or  carrier  is 
indicted   or   prosecuted. 

Extortionate  freight  or  passenger  rates — Proceedings. 
I  820a.  1.  When  complaint  shall  be  made  to  the  railroad 
commission  accusing  any  railroad  company  or  corpo- 
ration of  charging,  collecting  or  receiving  extortionate 
freight  or  passenger  rates,  over  its  line  or  lines  of  rail- 


Public  Service  Laws 


591 


road  in  this  commonwealth,  or  when  said  commission 
shall  receive  information,  or  have  reason  to  believe 
that  such  rate  or  rates  are  being  charged,  collected  or 
received,  it  shall  be  the  duty  of  said  commission  to  hear 
and  determine  the  matter  as  speedily  as  possible.  They 
shall  give  the  company  or  corporation  complained  of  not 
less  than  10  days'  notice,  by  letter  mailed  to  an  officer 
Or  employe  of  said  company  or  corporation,  stating  the 
time  and  place  of  the  hearing  of  same;  also  the  nature 
of  the  complaint  or  matter  to  be  investigated,  and  shall 
hear  such  statements,  arguments  or  evidence  offered 
by  the  parties  as  the  commission  may  deem  relavent, 
and  should  the  commission  determine  that  the  company 
or  corporation  is,  or  has  been  guilty  of  extortion,  said 
commission  shall  make  and  fix  a  just  and  reasonable 
rate,  toll  or  compensation,  which  said  railroad  company 
or  corporation  may  charge,  collect  or  receive  for  like 
lervices  thereafter  rendered.  The  rate,  toll  or  com- 
pensation so  fixed  by  the  commission  shall  be  entered 
and  be  an  order  on  the  record  book  of  their  office  and 
signed  by  the  commission  and  a  copy  thereof  mailed 
to  an  officer,  agent  or  employe  of  the  railroad  company 
or  corporation  allected  thereby,  and  shall  be  in  full 
force  and  effect  at  the  expiration  of  10  days  thereafter, 
and  may  be  revoked  or  modified  by  an  order  likewise 
entered  of  record.  And  should  said  railroad  company  or 
corporation  or  any  officer,  agent  or  employe  thereof, 
charge  collect  or  receive  a  greater  or  higher  rate,  toll 
or  compensation  for  like  services  thereafter  rendered 
than  that  made  and  fixed  by  said  commission,  as  herein 
provided,  said  company  or  corporation,  and  said  officer, 
agent  or  employe  shall  each  be  deemed  guilty  of  extor- 
tion, and  upon  conviction  shall  be  fined  for  the  first 
offense  in  any  sum  not  less  than  $500  nor  more  than 
$1,000,  and  upon  a  second  conviction,  in  any  sum  not 
less  than  $1,000  nor  more  than  $2,000,  and  for  a  third 
and  succeeding  conviction,  in  any  sum  not  less  than 
$2,000. 

Jurisdiction.  §  2.  The  Circuit  Court  of  any  county 
Into  or  through  which  the  line  or  lines  of  road  carrying 
such  passengers  or  freight,  owned  or  operated  by  said 
railroad,  and  the  Franklin  Circuit  Court  shall  have  juris- 
diction of  the  offense  against  the  railroad  company  or 
corporation  offending,  and  the  Circuit  Court  of  the 
county  where  such  offense  may  be  committed  by  said 
officer,  agent  or  employe  shall  have  jurisdiction  of  the 
offense  against  the  railroad  company  or  enjploye. 

Indictment.  §  3.  Prosecutions  under  this  Act  shall  be 
by   Indictment. 

Limitation.  §  4.  All  prosecutions  under  this  Act  shall 
be  commenced  within  two  years  after  the  offense  shall 
have   been   committed. 

Depositions — Fees.  §  6.  In  making  said  investigation, 
said  commission  may,  when  deemed  necessary,  take 
the  depositions  of  witnesses  before  an  examiner  or 
notary  public,  whose  fee  shall  be  paid  by  the  State,  and 
upon  the  certificate  of  the  chairman  of  the  commission, 
approved  by  the  governor,  the  auditor  draw  his.  warrant 
upon  the  treasurer  for  its  payment.  [Act  of  March  20, 
1900.] 

PREFERRED  STOCK. 

Be  it  enacted  iy  the  general  assembly  of  the  commonwealth 
of  Kentucky: 

Corporations  may  issue  common  and  preferred  stock  and 
increase  same  at  pleasure.  §  1.  That  §  27  of  an  Act  en- 
titled "An  Act  providing  for  the  creation  and  regulation  of 
private  corporations,"  which  became  a  law  April  5,  1893,  as 
amended  by  an  Act  approved  March  25,  1904 — said  §  27 
being  §  564  Kentucky  Statutes — be  further  amended  so  that 
said  section  as  hereby  amended  shall  read  as  follows: 

Section  564.  "Any  corporation  organized  under  this 
law  may  divide  its  shares  into  classes,  such  as  preferred, 
common  and  deferred  shares,  or  as  may  be  otherwise  de- 
signated, and  it  may  give  to  each  of  the  several  classes 
such  priority  of  right  in  the  payment  of  the  dividends,  and 
in  the  redemption  of  the  shares,  as  may  be  prescribed  In 
the  rules  and  regulations  adopted  by  the  shareholders; 
and  may  provide  that  the  holders  of  its  bonds  shall  be  en- 
titled, upon  terms  prescribed  by  It,  to  convert  the  same 
into  the  stock  of  the  corporation,  whether  common  or 
preferred,  and  that  the  holders  of  its  preferred  stock 
shall  be  entitled,  upon  terms  prescribed  by  it,  to  convert 


the  same  into  the  bonds  or  other  obligations  of  the  corpo- 
ration. No  preferred  stock  shall  be  issued  except  tor 
cash  or  its  equivalent,  nor  for  less  than  the  par  value  of 
the  shares,  which  shall  be  stated  in  the  certificates  repre- 
senting the  preferred  and  common  stock  respectively. 
Any  such  corporation,  all  of  whose  outstanding  stock  Is 
common  stock  may,  by  a  resolution  adopted  by  the  vote  of 
the  holders  of  not  less  than  two-thirds  in  amount  of  its 
outstanding  capital  stock,  cast  in  person  or  by  proxy, 
at  a  special  meeting  of  stockholders  called  for  the  purpose 
and  of  which  notice  shall  have  been  given  as  provided 
in  the  by-laws  of  the  company,  at  least  20  days  before  tha 
date  of  the  meeting,  or  at  the  annual  meeting  of  the  stock- 
holders of  the  company,  or  by  the  written  consent  of  the 
holders  of  not  less  than  two-thirds  in  amount  of  its  capital 
stock,  distribute  or  convert  its  outstanding  capital  stock 
into  preferred  and  common  stock  in  such  proportion  as 
shall  be  fixed  by  such  resolution  or  written  consent:  Pro- 
vided, that  all  holders  of  stock  of  the  company  at  the  time 
of  such  distribution  shall  be  entitled  to  the  same  pro  rata 
proportions  of  such  preferred  and  common  stock.  And  by 
a  resolution  adopted  by  the  like  vote  or  by  such  written 
consent,  the  capital  stock  of  any  corporation  may  be  In- 
creased and  the  increased  stock  may  be  common  or  pre- 
ferred stock,  or  partly  one  and  partly  the  other,  as  may 
be  fixed  by  such  resolution  or  written  consent.  Any  such 
preferred  stock  hereinbefore  referred  to  shall  be  entitled  to 
receive  quarterly,  semi-annual  or  annual  dividends  thereon 
at  such  rate  as  may  be  prescribed  by  the  resolution  or 
written  consent  under  which  the 'same  was  issued,  and 
such  dividends  shall  be  payable  as  provided  in  the  said 
resolution  or  written  consent,  before  any  dividends  shall 
be  declared  on  the  common  stock;  and  on  the  dissolution 
of  the  company,  voluntary  or  otherwise,  the  holders  of 
preferred  stock  shall  be  entitled  to  have  their  shares  re- 
deemed at  par  before  any  distribution  of  any  part  of  the 
assets  of  the  company  shall  be  made  to  the  holders  of  the 
common  stock. 

In  effect  forthwith.  §  2.  In  view  of  the  necessity  for 
speedily  providing  a  means  to  enable  corporations  to  secure 
the  necessary  funds  for  developing  their  property  by  giving 
to  those  who  may  purchase  their  stock  and  bonds  the 
right  of  conversion  herein  granted,  an  emergency  Is  de- 
clared to  exist,  and  this  Act  shall  take  effect  from  and  after 
its  approval  by  the  governor. 

Approved  March  23,  1910. 

CHAPTER  32,  ARTICLE  I. 

Watering  of  stock  forbidden.  §  568.  Stock  or  bonds  not 
to  be  Issued  except  for  value.  No  corporation  shall  issue 
stock  or  bonds  except  for  an  equivalent  in  money  paid  or 
labor  done,  or  property  actually  received  and  applied  to  the 
purposes  for  which  such  corporation  was  created,  and 
neither  labor  nor  property  shall  be  received  in  payment  of 
stock  or  bonds  at  a  greater  value  than  the  market  price 
at  the  time  said  labor  was  done  or  property  delivered;  and 
all  fictitious  increase  of  stock  shall  be  void. 

Forfeiture  of  charter — Causes  for.  §  569.  Whenever 
any  corporation  has  failed,  or  shall  fail,  to  perform,  or 
comply  with  any  requirement  or  provision  of  its  charter 
under  which  it  does  business  in  this  State,  or  shall  be 
guilty  of  an  abuse  or  misuse  of  its  corporate  powers,  priv- 
ileges or  franchises,  or  shall  become  detrimental  to  the 
Interest  and  welfare  of  the  commonwealth  or  its  citizens. 
It  shall  be  the  duty  of  the  attornej'-general  of  the  State 
to  institute  such  proceedings  as  may  be  proper  and  neces- 
sary to  have  forfeited  and  revoked  the  charter,  powers, 
franchises  and  privileges  of  sucti  corporation.  (See 
§§  1574a,  1987,  and  see  Civil  Code,  §  481. j 

Agent  upon  ichom  process  may  be  executed  zo  be  lo- 
cated in  State — Penalty.  §  571.  All  corporations  except 
foreign  insurance  companies  formed  under  the  laws  of  this 
or  any  other  State,  and  carrying  on  any  business  in  this 
State,  shall  at  all  times  have  one  or  more  known  places 
of  business  in  this  State,  and  an  authorized  agent  or  agents 
thereat,  upon  whom  process  can  be  served;  and  it  shall  not 
be  lawful  for  any  corporation  to  carry  on  any  business  in 
this  State,  until  it  shall  have  filed  in  the  office  of  the 
secretary  of  State  a  statement,  signed  by  its  president  or 
secretary,  giving  the  location  of  its  office  or  offices  in  thl« 
State,  and  the  name  or  names  of  its  agent  or  agents  thereat 


592 


National  Association  of  Eailway  Commissioners 


upon  whom  process  can  be  served;  and  when  any  change 
1?  made  in  the  location  of  its  office  or  offices,  or  in  Its 
agent  or  agents,  it  shall  at  once  file  with  the  secretary 
of  state  a  statement  of  such  change;  and  the  former  agent 
shall  remain  agent  for  the  purpose  of  service  until  state- 
ment of  appointment  of  the  new  agent  is  filed;  and  if  any 
corporation  fails  to  comply  with  the  requirements  of  this 
section,  such  corporation,  and  any  agent  or  employe  of 
such  corporation,  who  shall  transact,  carry  on  or  conduct 
any  business  in  this  State,  for  it,  shall  be  severally  guilty 
of  a  misdemeanor,  and  fined  not  less  than  $100  or  more  than 
$1,000  for  each  offense.  (See,  further,  Civil  Code,  §  51, 
and  Ky.  Stat.,  §  3720d.) 

CHAPTER  101. 

POOLS — TRUSTS — CONSPIBACIES. 

(Act  of  May  20,  1890.) 

Defined  and  prohibited.  §  3915.  That  if  any  corporation 
under  the  laws  of  Kentucky,  or  under  the  laws  of  any  other 
State  or  county,  for  transacting  or  conducting  any  kind 
of  business  in  this  State,  or  any  partnership,  company, 
firm  or  individual,  or  other  association  of  persons,  shall 
create,  establish,  organize  or  enter  into,  or  become  a 
member  of,  or  a  party  to,  or  in  any  way  interested  in 
any  pool,  trust,  combine,  agreement,  confederation  or 
understanding  with  any  other  corporation,  partnership,  in- 
dividual or  person,  or  association  of  persons,  for  the  pur- 
pose of  regulating  or'  controlling  or  fixing  the  price  of 
any  merchandise,  manufactured  articles  or  property  of 
any  kind,  or  shall  enter  into,  become  a  member  of,  or  party 
to  or  in  any  way  interested  in  any  pool,  agreement,  con- 
tract, understanding,  combination  of  confederation,  having 
for  its  object  the  fixing,  or  in  any  way  limiting  the  amount 
or  quanitity  of  any  article  of  property,  commodity  or 
merchandise  to  be  pr6duced  or  manufactured,  mined, 
bought,  or  sold,  shall  be  deemed  guilty  of  the  crime  of 
conspiracy,  and  punished  therefor  as  provided  in  the  sub- 
sequent sections  of  this  Act. 

ARTICLE  V,  SUBDIVISION  I. 
CORPORATIONS— PRIVATE. 

kailroad  companies— organization  and  reorganization  of. 

Corporators — Number  and  powers — Articles  of  incor- 
poration, filing  of — Subscription  per  mile.  §  763.  Any 
number  of  persons,  not  less  than  seven,  may  associate  to 
form  a  corporation  for  the  purpose  of  constructing,  operat- 
ing and  maintaining  a  railroad.  Such  persons  shall  execute 
articles  of  incorporation,  which  shall  specify  the  name  of 
the  proposed  railroad,  the  number  of  years  the  corporation 
Is  to  continue,  the  amount  of  its  capital  stock,  and  the  num- 
ber of  shares  into  which  the  same  shall  be  divided;  the 
number  of  directors,  which  shall  not  be  less  than  five  oi 
more  than  fifteen,  and  their  names;  the  places  from  and  to 
which,  and  the  name  of  each  county  into  or  through  which 
It  Is  Intended  to  be  constructed,  and  its  length  as  near  as 
may  be.  Each  subscriber  to  such  articles  shall  set  op- 
posite his  name,  his  place  of  residence  and  the  number  of 
shares  subscribed  by  him.  Whenever  $250  per  mile  has  in 
good  faith  been  subscribed,  and  20  per  cent  thereof  paid  In 
In  cash,  to  the  persons  named  in  the  articles  as  directors, 
snd  attached  thereto,  a  copy  of  said  articles  and  affidavit 
shall  be  filed  in  the  office  of  the  railroad  commissioners, 
and  in  the  office  of  the  secretary  of  State;  and  when  a 
certificate  of  such  fact  is  delivered  by  the  said  officers  to 
the  incorporators,  the  persons  who  have  subscribed  such 
articles  shall  b«  a  body-corporate  by  the  name  specified  in 
the  articles,  and  as  such  may  sue  and  be  sued,  contract 
and  be  contracted  with,  have  a  seal,  and  change  the  same 
at  pleasure;  may  elect  or  appoint  directors,  who  shall 
choose  from  their  number  such  officers  as  may  be  neces- 
sary; may  require  from  any  officer  or  employe  a  bond  for 
the  faithful  dicharge  of  his  duties,  and  prescribe  such 
by-laws  for  its  government,  and  exercise  such  powers  as  are 
necessary  to  the  conduct  of  its  business  not  inconsistent 
with  law.  (Further  requirements  as  to  execution  of  arti- 
cles, §§  539,  540.) 

Amendment  of  articles — Execution  and  filing  of.  §  764. 
The  articles  of  incorporation  may  be  amended  and  changed 
In  the  manner  provided  in  article   1  of  this  chapter;   and 


a  copy  of  any  amendment  or  alteration,  attested  by  the 
president  and  secretary  of  the  corporation,  shall  be  filed 
in  the  office  of  the  railroad  commissioners  and  the  secre- 
tary of  State  within  30  days  after  Its  adoption  by  the  cor- 
poration; and  when  so  filed,  and  a  certificate  of  that  fact 
is  delivered  to  the  president  or  secretary,  the  corporation 
shall  have  the  right  to  make  such  alterations  and  changes 
in  its  business  as  are  authorized  by  the  amended  articles. 
(Amendment  of  articles,  see  §  559.) 

Constitution  to  be  accepted  by  foreign  company  before 
acquiring  land.  §  765.  No  railroad  corporation,  organized 
or  created  by  or  under  the  laws  of  any  other  State,  shall 
have  the  right  to  condemn  land  for,  or  acquire  the  right  of 
way  for,  or  purchase  or  hold  land  for  its  deports,  tracks, 
or  other  purposes,  until  it  shall  have  first  filed  in  the  office 
of  the  secretary  of  State  of  this  State,  in  the  manner  pro- 
vided in  the  first  article  of  this  chapter.  Its  acceptance  of 
the  constitution  of  this  State,  and  shall  have  become  organ- 
ized as  a  corporation  under  the  laws  of  this  State  and  the 
railroad  commission  articles  of  incorporation  in  the  man- 
ner and  form  provided  in  §  763  of  this  article.  (Acceptance 
of  constitution,  see  §  570.) 

Evidence — Articles  and  amendments.  §  766.  A  copy  of 
any  articles  of  incorporation,  or  any  amendments  thereto, 
filed  in  the  offices  mentioned,  and  certified  by  the  secre- 
tary of  State,  shall  be  admitted  as  evidence  for  or  against 
the  corporation,  and  shall  be  prima  facie  evidence  of  t'le 
matters  therein  stated. 

Map  of  route  to  be  recorded — Commission  to  be  notified 
if  other  railroad  crossed.  §  767.  Every  corporation  pio- 
ceeding  to  construct  its  road  in  or  through  any  county  shull 
file  and  have  recorded  at  its  expense,  in  the  county  clerl  's 
office  of  such  county,  a  map  of  the  route,  showing  the  cen- 
ter of  said  proposed  road,  and  the  width  thereof;  and  f, 
after  a  road  is  located,  it  is  desired  to  change  its  location, 
or  the  proposed  route  is  changed,  as  it  may  be,  a  m;ip 
showing  such  change,  as  well  as  the  center  and  wid  h 
thereof,  shall  be  filed  and  recorded  at  its  expense  in  t  le 
county  clerk's  office  of  the  county  in  which  the  change  is 
made.  If  the  proposed  route,  as  indicated  by  the  mi  p, 
crosses  the  line  of  any  other  railroad,  notice  of  such  faot 
shall,  before  the  construction  of  the  road  is  commenc  ^d 
near  the  point  of  crossing,  be  given  to  the  railroad  co  n- 
mission,  who  shall  give  notice  to  the  corporation  whose  ro  id 
it  is  proposed  to  cross,  as  well  as  the  other  corporation,  jf 
the  time  and  place  it  will  meet  to  consider  the  question  of 
approving  the  crossing,  if  objection  be  made  thereto;  a  id 
the  commission  may  determine  the  manner  in  which  t  le 
crossing  shall'be  made  to  protect  against  accidents  there  -t. 

Poicers.  liabilities  and  restrictions  of  company.  §  7  8. 
Every  company  shall  possess  the  following  powers,  and  )0 
subject  to  the  following  liabilities  and  restrictions: 

1.  To  cause  such  examinations  and  surveys  for  the  p  o- 
posed  railroad  to  be  made  as  may  be  necessary  to  the  se- 
lection of  the  most  advantageous  route  for  such  road;  ai  d, 
for  such  purposes,  by  the  officers,  agents  and  servants,  to 
enter  upon  lands  or  waters  of  any  person,  but  subject  to 
liability  for  all  damages  which  they  shall  do  thereto. 

2.  To  receive,  hold,  enter  upon,  and  take  possession 
of  such  voluntary  grants  and  donations  of  real  and  otl  er 
property  as  shall  be  made  to  it,  to  aid  in  the  construction 
and  maintenance  and  operation  of  such  road;  but  the  r -al 
property  thus  received  shall  be  held  and  used  for  the  p  ii^ 
pose  of  such  grant  or  donation  only. 

3.  To  purchase,  hold,  enter  upon,  take  possession  of, 
and  use  all  such  real  estate,  franchise  and  other  propel  ty, 
as  may  be  necessary  for  the  construction,  maintenance  f  nd 
accommodation  of  its  line  of  road;  but  the  same  shall  lot 
be  taken  or  appropriated  without  the  consent  of  the  owner 
until  the  compensation  to  be  made  therefor  is  agreed  ui'on 
or  ascertained,  and  paid  or  deposited  as  provided  by  liiw. 

4.  To  lay  out  its  road  not  exceeding  100  feet  in  wit  th, 
and  if  more  than  one  track  is  laid,  50  feet  additional  for 
each  track,  and  construct  the  same;  and  for  the  purpose 
of  cuttings  or  embankments,  and  procuring  stone,  gravel 
or  other  material,  or  for  the  purpose  of  draining  Its  read- 
bed,  to  take,  in  the  manner  herein  provided,  such  otlier 
lands  in  the  vicinity  of  or  adjacent  to  its  road  as  may  be 
necessary  for  the  proper  construction,  operation  and  se- 
curity of  its  road;  and  to  change,  when  it  deems  proper,  the 
guage  of  its  road;  and  may,  for  the  purpose  of  avoiding 
annoyance  to  public  travel  or  dangerous  or  difficult  grades 


Public  Service  Laws 


593 


or  curves,  or  unsafe  or  insecure  grounds  or  foundations,  or 
for  other  reasonable  cause,  cliange  tlie  location  or  grade 
of  any  portion  of  its  road;  but  shall  not,  except  as  other- 
wise provided,  depart  from  the  general  route  prescribed  in 
the  articles  of  incorporation. 

5.  To  construct  Its  road  upon  or  across  any  water- 
course, private  or  plank  road,  highway,  street,  lane  or  alley, 
and  across  any  railroad  or  canal;  but  the  corporation  shall 
restore  the  watercourse,  private  or  plank  road,  highway, 
street,  lane,  alley,  railroad  or  canal  to  its  former  condition, 
as  near  as  may  be,  and  shall  not  obstruct  the  navigation 
of  any  stream,  or  obstruct  any  public  highway  or  street,  by 
cars  or  trains,  for  more  than  five  minutes  at  a  time;  and 
shall  construct  suitable  road  and  street  crossings  for  the 
passage  of  teams  by  putting  down  plank  or  other  suitable 
material  between  and  on  each  side  of  the  rails,  the  top  of 
which  shall  be  at  least  as  high  as  the  top  of  the  rails  of 
such  road  or  street;  atid  in  case  the  road  is  constructed 
upon  any  public  street  or  alley,  the  same  shall  be  upon 
such  terms  and  conditions  as  shall  be  agreed  upon  between 
the  corporation  and  the  authorities  of  any  city  in  which  the 
same  may  be,  but  such  road  shall  not  be  constructed  upon 
any  public  street  or  alley  until  compensation  shall  be  made 
by  the  corporation  therefor  to  the  owner  of  the  property 
atlloining  such  street  or  alley,  and  opposite  where  such 
road  is  to  be  constructed  either  by  agreement  or  in  the 
manner  provided  by  law.     (Condemnation  of  land,  §  835.) 

Switches,  tracks  and  branches — Subscription  to  stock  in 
other  roads.  S  769.  Any  company  shall  build  such  spurs, 
switches,  tracks  or  branches  as  may  be  necessary  to  con- 
duct its  business  or  develop  business  along  its  line  of  road, 
and  for  that  purpose  shall  have  all  the  powers  and  be  sub- 
ject to  the  same  restrictions  and  liabilities  as  are  conferred 
upon  it  for  the  construction  of  its  main  line;  and  may  pur- 
chase the  property  and  franchises  of  any  other  railroad 
company,  at  public  or  private  sale,  not  a  competing  or 
parallel  line;  and  may  sell  its  franchises  and  property  to 
any  other  company  not  a  competing  or  parallel  line  or 
otherwise  prohibited  by  law  to  purchase,  and  may,  unless 
prohibited  by  law,  subscribe  to  the  capital  stock  of  any 
other  railroad  company  organized  under  the  law  of  this  or 
any  other  State,  with  the  assent  of  such  company,  and  any 
company  organized  under  the  laws  of  this,  or  any  other 
State,  may,  unless  prohibited  by  law,  subscribe  to  the 
capital  stock  of  any  company  organized  under  this  law,  with 
the  assent  of  such  company,  and  may  make  any  agree- 
ment or  arrangement,  not  inconsistent  with  law,  with  any 
other  railroad  company.  (Section  as  amended  by  Act, 
March  17,  1902.) 

Consolidation  of  companies.  §  770.  Any  two  or  more 
railroad  companies  organized  under  this  chapter  or  the 
laws  of  this  or  any  other  State  may,  unless  otherwise  pro- 
vided by  law,  consolidate  into  a  single  company  in  the 
manner  provided  by  article  1  of  this  chapter  as  amended, 
and  such  new  corporation  shall  possess  all  the  powers, 
exemptions,  rights  and  franchises  conferred  upon  sucli  two 
or  more  corporations,  and  be  vested  with  all  the  property 
and  assets  of  the  constituent  corporations,  and  shall  be 
subject  to  all  the  restrictions  and  liabilities,  and  perform 
all  the  duties  imposed  by  the  provisions  of  their  respective 
charters  or  laws  of  organization  not  inconsistent  with  this 
law.     (Section  as  amended  by  Act,  March  21,  1902.) 

Borrotvinp  and  mortgaging  to  complete  or  operate  road 
— Preferred  and  common  stock — Rights  of  each  class.  §  771. 
Corporations  organized  under  this  law  shall  have  power  to 
borrow  such  sums  of  money  as  may  be  necessary  for  fund- 
ing their  floating  debt  or  for  completing,  equipping  or  oper- 
Eting  their  road  or  any  part  thereof,  or  for  paying  any 
debts  incurred  for  such  purposes,  and  to  issue  and  dispose 
of  their  bonds  or  obligations  for  any  amount  necessarily 
borrowed  for  such  purpose,  and  to  mortgage  their  corporate 
property  and  franchises,  or  any  part  thereof,  to  secure  the 
payment  of  any  debt  contracted  or  to  defray  any  expendi- 
tures for  the  purposes  aforesaid:  and  may  confer  on  any 
holder  of  such  bonds  or  obligations  the  right  to  convert  the 
same  into  the  stock  of  such  company,  and  may  provide  that 
the  preferred  stock  shall  be  convertible  into  the  bonds  of 
the  company.  The  stock  of  the  company  may  be  sold  at 
such  time  and  place,  either  within  'or  without  the  State, 
as  may  be  deemed  advisable,  and  the  proceeds  thereof  ap- 
plied for  the  purposes  for  which  it  was  issued.  Any  6uch 
corporation,    all    of    whose    outstanding    stock    is   common 


stock,  may,  by  a  resolution  adopted  by  a  vote  of  the  holders 
of  not  less  than  %  in  amount  of  its  outstanding  capital 
stock,  cast  in  person  or  by  proxy,  at  a  special  meeting  of 
stockholders  called  for  the  purpose,  and  of  which  notice 
shall  have  been  given,  as  provided  in  the  by-laws  of  the 
company  at  least  20  days  before  the  date  of  the  meeting, 
or  at  the  annual  meeting  of  the  stockholders  of  the  com- 
pany, or  by  the  written  consent  of  the  holders  of  not  less 
than  %  in  amount  of  its  capital  stock,  distribute  or  con- 
vert its  outstanding  capital  stock  into  preferred  and  com- 
mon stock  in  such  proportions  as  shall  be  fixed  by  such 
resolution  or  written  consent:  Provided,  that  all  holders 
of  stock  of  the  company,  at  the  time  of  such  distribution, 
shall  be  entitled  to  the  same  pro  rata  proportions  of  such 
preferred  and  common  stock.  And  by  a  resolution  adopted 
by  the  like  vote  or  by  such  written  consent,  the  capital 
stock  of  any  corporation  may  be  increased,  and  the  in- 
creased stock  may  be  common  or  preferred  stock,  or  partly 
one  and  partly  the  other,  as  may  be  fixed  by  such  resolu- 
tion or  written  consent.  Any  such  preferred  stock  herein- 
before referred  to  shall  be  entitled  to  receive  quarterly, 
semi-annual  or  annual  dividends  thereon  at  sucli  rate  as 
may  be  prescribed  by  the  resolution  or  written  consent. 
Any  such  preferred  stock  hereinbefore  referred  to  shall  be 
entitled  to  receive  quarterly,  semi-annual  or  annual  divi- 
dends thereon  at  such  rate  as  may  be  prescribed  by  the 
resolution  or  written  consent,  under  which  the  same 
was  issued,  and  such  dividends  shall  be  payable  as  pro- 
vided in  the  said  resolution  or  written  consent,  before 
any  dividends  shall  be  declared  on  the  common  stock; 
and  on  the  dissolution  of  the  company,  voluntarily  or  other- 
wise, the  holders  of  preferred  stock  shall  be  entitled  to 
have  their  shares  redeemed  at  par  before  any  distribution 
of  any  part  of  the  assets  of  the  company  shall  be  made  to 
the  holders  of  the  common  stock.  (Section  as  amended  by 
Act,  March  25,  1904.) 

Reorganization  of  insolvent  railroad  and  bridge  com- 
panics.  §  771a.  1.  Whenever  any  company  owning  or 
operating  a  railroad  in  Kentucky,  or  any  company  owning 
or  operating  a  bridge  over  a  navigable  stream  constituting 
a  boundary  of  the  State  of  Kentucky,  shall  be  insolvent  and 
shall  come  Into  the  hands  of  any  court  under  proceedings 
to  enforce  any  mortgage  or  deed  of  trust,  or  for  the  pay- 
ment of  debts,  it  shall  be  unlawful  for  the  holders  of  a 
majority  of  any  class  of  securities  issued  by  such  company, 
or  any  class  of  creditors  of  such  company,  to  prepare  and 
submit  to  such  court  a  plan  for  the  reorganization  of  the 
company.  Such  plan  shall  provide:  First.  For  the  pay- 
ment of  all  taxes  and  assessments  due  and  owing  by  such 
company.  Second.  For  the  payment  of  all  debts  for  labor 
and  materials  and  supplies  due  by  said  company,  and  for 
which  a  lien  shall  exist  on  the  property  thereof  under  the 
law  of  the  State  of  Kentucky.  Third.  For  the  payment  of 
any  debt  due,  or  the  assumption  of  any  debt  not  due,  and 
for  which  there  shall  exist  a  lien  prior  and  superior  to  the 
claim  of  the  class  of  creditors  or  security-holders  propos- 
ing such  plan.  Fourth.  For  the  issue  of  new  classes  of 
securities,  which  shall  be  for  distribution  among  the  credi- 
tors or  the  holders  of  the  class  of  securities  proposing  such 
plan,  and  of  subordinate  and  inferior  securities  or  debts, 
and  providing  for  such  distribution.  Such  plan  shall,  as 
far  as  practicable,  regard  the  relative  rights  and  priorities 
of  .the  different  classes  of  creditors  or  security-holders. 

2.  When  any  such  plan  as  above  provided  shall  be 
filed  with  the  court,  it  shall  be  the  duty  of  the  court  to 
give  such  notice,  by  publication  or  otherwise,  as  it  the 
(may)  order,  that  a  plan  or  reorganization  has  been  filed 
in  the  cause,  and  that  any  holder  or  holders  of  any  se- 
curities, or  any  creditor  of  such  company,  shall  be  entitled 
to  file  objections  to,  and  shall  be  entitled  to  be  heard  in 
person  or  by  attorney  on  the  subject  thereof;  and  if,  upon 
the  hearing  thereof,  and  upon  consideration  of  such  plan, 
the  court  shall  approve  the  same,  or  shall  approve  the 
same  with  such  alterations  and  amendments  as  the  court 
shall  adopt,  and  such  plan  or  scheme  so  approved  shall  re- 
ceive the  assent  of  the  holders  of  %  of  the  class  of  securi- 
ties proposing  the  same,  and  a  like  proportion  of  all  other 
classes  of  creditors  subordinate  thereto,  and  the  court  shall 
be  of  the  opinion  that  the  said  plan  and  scheme  of  re- 
organization is  fair  and  equitable,  and  has  made  reasonable 
provision  for  the  holders  of  all  securities  of  said  companies, 
the  court  shall  adjudge  and  order  that  said  plan  or  scheme 


594 


National  Association  of  Kailway  Commissioners 


of  reorganization  shall  be  adopted   and  carried  out,  and 
shall  make  proper  provision  for  the  execution  thereof. 

3.  All  creditors  and  persons  holding  securities  of  the 
said  company,  and  not  objecting  to  such  plan  of  reorganiza- 
tion, shall  be  deemed  to  have  assented  thereto,  and  upon 
the  entry  of  such  order  of  approval  the  court  may  require 
from  any  creditor  or  person  holding  any  of  the  securities 
of  said  company  embraced  by  the  said  plan  to  surrender 
for  discharge  or  cancellation  such  outstanding  claims  or 
securities,  and  receive  in  lieu  or  on  account  thereof  the 
new  securities  provided  in  such  plan.  But  where  claims 
have  arisen  or  securities  have  been  issued  prior  to  the  pas- 
sage of  this  Act,  and  any  holder  of  such  claims  or  securi- 
ties shall  object  to  the  plan  of  reorganization,  there  shall 
be  inserted  In  such  plan  a  provision  for  preserving  and 
maintaining  the  right  of  such  holder  so  as  not  to  impair  the 
obligation  of  his  contract. 

4.  If  no  such  plan  be  proposed  or  approved,  the  court 
may,  within  such  time  as  the  court  may  deem  proper,  order 
a  sale  of  the  property  of  any  such  company  being  so  admin- 
istered, after  such  notice  as  shall  seem  to  the  court  suffi- 
cient. At  any  such  sale,  or  at  any  sale  which  shall  be  here- 
after made,  of  any  railroad  or  bridge  under  any  decree  of 
sale,  the  purchaser  or  purchasers  shall  be  required  to  pay 
the  amount  of  the  bid  in  cash:  Provided,  however,  that  if 
the  property  shall  be  purchased  by  or  in  behalf  of  holders 
of  any  class  of  securities  issued  by  the  said  company,  the 
purchaser  or  purchasers  shall  be  required  to  pay  In  money 
or  securities,  immediately,  such  amount  only  as  the  court 
may  deem  sufficient  to  provide  against  a  non-compliance 
with  the  bid;  and  the  purchaser  or  purchasers  shall  there- 
after be  entitled,  within  such  time  as  may  be  fixed  by  the 
court,  to  pay  the  amount  of  the  bid  by  the  payment  of  such 
money  as  may  be  necessary,  and  by  the  surrender  of  securi- 
ties in  proportion  as  such  securities  shall  be  entitled  to  re- 
ceive the  purchase  money;  and  all  holders  of  the  same 
class  of  securities  shall  be  entitled  to  have  and  enjoy  equal 
rights  in  any  such  purchases  with  other  holders  of  the  same 
class.  Such  purchaser  or  purchasers  under  this  latter 
provision  shall,  before  adopting  any  article  of  incorporation, 
or  transferring  the  property  to  any  corporation  formed 
for  the  purpose,  present  and  file  with  the  court,  in  which 
the  decree  of  sale  was  entered,  a  plan  of  reorganization 
■with  substantially  the  provisions  required  in  the  preceding 
sections,  and  which  shall  likewise  be  subject  to  the  ap- 
proval of  the  court;  and  when  the  same  shall  have  been 
so  approved,  and  an  order  to  that  effect,  and  providing  for 
the  execution  thereof,  shall  have  been  entered,  the  said 
purchaser  or  purchasers  may  adopt  articles  of  incorpora- 
tion under  and  in  accordance  with  the  laws  of  the  State  of 
Kentucky  providing  for  the  incorporation  of  such  com- 
panies. 

5.  The  word  "securities"  as  used  in  this  Act  shall  em- 
brance  bonds,  debentures,  preferred  and  common  stock, 
ani  other  Issued  of  obligations  or  certificates  of  substan- 
tially similar  character,  and  the  provisions  hereof  shall 
apply,  as  far  as  may  be,  to  proceedings  In  relation  to  any 
separate  division,  or  portion,  or  branch  of  any  railroad  on 
■which  are  charged  any  separate  Issues  of  securities. 

6.  Where  the  property  of  any  such  company  shall  be 
partly  within  and  partly  without  this  State,  the  plan  of  re- 
organization may  make  provisions  for  including  the  prop- 
erty without  the  State  in  such  plan,  In  such  manner,  aS 
may  be  consistent  with  laws  of  the  State  where  situated. 
(This  section  Is  an  Act  that  took  effect  March  17,  1896; 
the  numbers  of  the  sub-sections  are  the  numbers  of  the  sec- 
tions In  the  Act.) 

KAILROAD  FERRIES. 

Be  it  enacted  by  the  general  assembly  of  the  commonwealth 
of  Kentucky : 
Railroad  may  operate  ferry — Limitation.  §  1.  That 
any  railroad  company  operating  a  railroad  In  this  State 
shall  have  the  right,  without  securing  the  grant  to  It  of 
any  ferry  franchise  or  privilege  from  the  County  Court, 
to  transport  by  boat,  or  otherwise,  or  to  employ  other  per- 
sons to  transport  for  it,  any  passengers,  baggage  or  freight 
carried,  or  to  be  carried,  on  the  railroad  operated  by  it,  to 
and  from  the  opposite  sides  of  any  stream  within  the  limits 
of.  or  bordering  upon,  this  State.  And  any  railroad  com- 
pany operating  a  ferry  for  the  purposes  mentioned  in  the 
preceding  part  of  this  section,  is  authorized  to  transport 
thereon  any  other  persons  or  freight  applying,  or  offered. 


for  transportation,  upon  obtaining  the  grant  to  It  of  a 
ferry  franchise  or  privilege  in  the  manner  prescribed  by 
law  for  the  obtaining  of  such  a  franchise  or  privilege,  but 
no  railroad  company,  nor  any  employe,  agent  or  trustee 
of  any  railroad  company,  shall  be  permitted  to  establish, 
operate  or  maintain  a  new  ferry  within  one  mile  and  a 
half  In  a  straight  line  of  any  existing  ferry  heretofore 
established  and  now  in  operation. 

Repeal.  §  2.  All  laws  and  parts  of  laws  In  conflict 
with  this  Act,  are  hereby  repealed. 

Emergency.  §  3.  Inasmuch  as  there  Is  at  present  some 
uncertainty  as  to  the  right  of  railroad  companies  to  provide 
for  the  transportation  of  their  own  passengers,  baggage, 
and  freight  across  navigable  streams  in  this  State,  an 
emergency  is  hereby  declared  to  exist,  and  this  shall  take 
effect  from  its  passage  and  aproval. 

Approved  March  18,  1910. 

r.NCLAIMED   FREIGHT. 

Be  it  enacted  by  the  general  assembly  of  the  commonwealth 
of  Kentucky : 

Carriers  may  sell  freight  not  called  for.    §  1.    That  any 
express,  railroad  or  other  company  engaged  In  the  expresH 
business,  or  in  any  way  in  the  transportation  of  articles  of 
any  kind. as  freight  or  baggage,  and  having  an  office  or  placo 
of  business  in  this  State,  having  any  unclaimed  articles, 
not  perishable,  in  its  possession  for  a  period  of  six  monthii 
at  least,  may,  at  the  expiration  of  that  time,   proceed  to 
sell  the  same  at  public  auction,  and  out  of  the  proceedn 
thereof  may  retain  the  expense  of  transportation,  storage, 
advertisement  and  sale.     Said  articles  can  be  sold  at  an:* 
point  where  the  company  believes  that  best  price  can  b(> 
obtained,  provided,  however,  that  notice  of  such  sale  shali 
be  given  to  the  consignor  and   consignee,  in  writing,  no 
less  than  30  days  before  such  sale  shall  be  made,  or  notlO' 
of  such  sale  shall  be  published  for  four  weeks  In  somi 
newspaper  of  general  circulation  in  this  State.    In  case  thi 
freight  is  perishable  and  unclaimed,  it  may  be  sold  as  sooi 
as  it  is  deemed  necessary  and  proper  in  order  to  protec 
the  company,  consignor  or  consignee.     Where   it  is   prac 
ticable  and   sale   is   made  of   perishable   goods,   consigno  • 
and  consignee  shall  be  notified.    A  record  shall  be  kept  o ' 
the   articles   sold   and   prices   obtained   therefor,   and  th.. 
surplus,  if  any,  after  payment  of  charges,  shall  be  paid  t. 
the  owner  of  such  articles,  if  demanded,  at  any  time  withli 
two  years  from  date  of  sale. 

Repeal.  %  2.  This  Act  shall  be  In  force  from  its  passage . 
and  all  Acts  conflicting  with  this  Act  are  hereby  repeale 

Approved  March  21,  1910. 

ARTICLE  V. 

assessment  of  turnpike  companies,  railroads. 

To  report  to  auditor — Penalty  for  failure.  %  4096. 
That  the  president  or  chief  officer  or  each  railrad  companj  .1 
or  other  corporation  owning  or  operating  a  railroad  line,  1 1  i 
whole  or  in  part,  in  this  State,  and  all  railroad  bridge  con  - 
panics  owning  or  operating  the  bridge  spanning  a  river  coi  - 
stituting  the  boundary  of  this  State  shall,  on  or  before  th  5 
1st  of  August  in  each  year  return  to  the  auditor  of  public 
accounts  of  the  State,  under  oath,  the  total  length  of  such 
railroad,  including  the  length  thereof  beyond  the  limits  (  f 
the  State,  and  designating  its  length  within  this  State,  and 
In  each  county,  city,  incorporated  town  and  taxing  distrii  t 
therein,  together  with  the  average  value  per  mile  thereof, 
and  In  the  respective  counties,  cities,  incorporated  towi  s 
and  taxing  districts  therein,  together  with  the  averaf  e 
value  per  mile  thereof,  for  the  purpose  of  being  operat<d 
as  a  carrier  of  freight  and  passengers,  Including  engim  s 
and  cars,  and  a  list  of  the  depot  grounds  and  improv:^- 
ments,  and  other  real  estate  of  the  said  company,  and  tl  e 
value  thereof,  and  the  respective  counties,  cities  and  incor- 
porated towns  in  which  the  same  are  located.  That  if  ai  y 
of  said  railroad  companies  own  or  operate  a  railroad  or  rail- 
roads out  of  this  State,  the  president  or  chief  officer  of 
such  company  shall  only  be  required  to  return  such  pio- 
portion  of  the  entire  value  of  all  its  rolling  stock  as  tlie 
number  of  miles,  of  Its  railroad  in  this  State  bears  to  t!ie 
whole  number  of  miles,  operated  by  said  company  In  and 
out  of  this  State.  Said  report  shall  be  made  as  of  the  1st 
day  of  July,  and  a  failure  to  file  said  report  by  the  1st  day. 
of  August  shall  subject  the  president  or  chief  officer  resid- 


p 


Public  Seevice  Laws 


595 


Ing  in  this  State  to  a  fine  of  $1,000,  and  $50  for  every  day 
after  the  1st  day  of  August  that  he  fails  to  flle  said  report, 
to  be  recovered  as  Indicated  by  §  9  (4104)  of  this  article. 

Receiver  to  report.  §  4097.  2.  Should  any  railroad  or 
bridge,  or  part  of  a  line  of  railroad  of  this  State  be  In  the 
hands  or  under  the  control  of  a  receiver  or  other  person, 
by  order  or  decree  of  any  court  in  this  or  any  other  State, 
it  shall  be  the  duty  of  such  receiver  or  other  person  to  make, 
under  oath,  the  returns  and  valuations  required  by  the  first 
Bection  of  this  article;  and  should  the  president  or  chief 
efflcer  of  any  railroad  company,  or  such  receiver  fail  to 
make  said  return  and  valuations  on  or  before  the  1st  day 
3f  August  In  each  year,  the  said  auditor  shall  proceed  and 
iscertain  the  facts  and  values  required  by  this  article  to 
be  returned,  and  in  such  manner  and  by  such  means  as 
3e  may  deem  best,  and  at  the  cost  of  the  company  falling 
;o  make  the  returns  and  values. 

Bridges,  rolling  stock  and  real  estate,  how  taxed.  |  4102. 
f.  The  same  rate  of  taxation  for  State  purposes  which  Is 
)r  may  be  in  any  year  levied  on  other  real  estate,  shall  be, 
ind  is  hereby  levied  upon  the  value,  so  found  by  said 
ward,  of  the  railroad  bridge,  rolling  stock  and  real  estate 
)f  each  company;  and  the  same  rate  of  taxation  for  the 
purposes  of  each  city,  town,  part  of  a  county  or  tax  district, 
)f  any  kind,  In  which  any  portion  of  any  railroad  or  bridge 
8  located,  which  is,  or  may  be,  in  any  year  levied  on 
Hher  real  estate  of  said  company  therein,  and  of  the  num- 
jer  of  miles  of  said  road,  therein,  reckoned  as  of  the  value 
i)f  the  average  of  each  mile  of  such  railroad,  with  its  roH- 
,  ng  stock,  as  ascertained  as  aforesaid :     Provided,  that  rail- 


road bridges,  spanning  any  river  which  constitutes  the 
boundary  or  State  line  of  the  commonwealth,  shall  be  as- 
sessed as  of  the  counties  In  which  they  are  located,  and 
local  tax  derived  therefrom  shall  be  applied  to  each  city, 
town,  county  or  tax  district  in  which  said  bridges  are  or 
may  be  located.  And  Immediately  after  said  board  shall 
have  completed  its  valuations  each  year,  the  auditor  of 
public  accounts  shall  notify  the  clerk  of  each  country  court 
of  the  amount  so  assessed  for  taxation  in  his  county,  and 
each  railroad  or  bridge  company  of  the  amount  of  its  as- 
sessment for  taxation  for  State  purposes  and  for  the  pur- 
poses of  such  city,  town,  county,  part  of  county  and  tax 
district. 

State  taxes  on  railroads,  when  payable.  §  4103.  8.  All 
State  taxes  assessed  against  any  railroad  or  bridge  com- 
pany shall  be  due  and  payable  30  days  after  notice  by  ma'.l 
of  the  assessment  given  by  the  auditor,  and  all  counties, 
city,  municipal,  school  and  other  taxes  shall  be  due  and 
payable  30  days  after  notice  of  the  amount  of  said  tax  Is 
given  by  the  oflacer  whose  duty  it  is  to  collect  the  same; 
and  every  such  company  failing  to  pay  Its  taxes  after  re- 
ceiving such  30  days'  notice  of  the  amount  of  such  tax 
shall  be  deemed  delinquent,  and  a  penalty  of  10  per  cent 
on  the  amount  of  the  tax  shall  attach,  and  thereafter  such 
such  tax  shall  bear  interest  at  the  rate  of  10  per  cent  per 
annum.  Any  railroad  or  bridge  company  falling  to  pay  Its 
taxes,  penalty  and  Interest,  after  becoming  delinquent,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  $50  for  each  day  the  same  remains  unpaid, 
to  be  recovered  by  indictment  or  civil  action,  of  which  the 
Franklin  Circuit  Court  shall  have  jurisdiction. 


PUBLIC  SERVICE  LAWS  OF  LOUISIANA 


CONSTITUTIONAL  PROVISIONS 

(II.    Wolff's  Revised  Laws,  Louisiana  (1904),  page  1847). 

LIMITATION  OF  LEGISLATIVE  POWERS 

Subjects  on  which  general  assembly  is  withovt  power  to 
pass  special  or  local  laws.  Article  48.  The  general  assem- 
bly shall  not  pass  any  local  or  special  law  on  the  following 
ipecified  subjects: 

10.  Authorizing  the  constructing  of  street  passenger 
ailroads  in  any  iiiCorp>.'-ated  town  or  city. 

12.  Creating  corporations,  or  amending,  renewing,  ex- 
tending or  explaining  the  chartei-s  thereof;  provided,  this 
jhall  not  apply  to  municipal  corporations  having  a  popu- 
Atlon  of  not  less  than  twenty-five  hundred  inhabitants,  or 

0  the  organization  of  levee  districts  and  parishes. 

13.  Granting  to  any  corporation,  association,  or  Indi- 
vidual any  special  or  exclusive  right,  privilege  or  immu- 
dty. 

State  and  political  corporations  shall  not  lend,  etc., 
iunds,  etc.,  nor  subscribe  to  capital  stock — Exceptions. 
iLrticle  58.  The  funds,  credit,  property  or  things  of  value  of 
he  State,  or  of  any  political  corporation  thereof,  shall  not 
Se  loaned,  pledged  or  granted  to  or  for  any  person  or  per- 
ons,  association  or  corporation,  public  or  private;  nor  shall 
he  State,  or  any  political  corporation,  purchase  or  sub- 
Icribe  to  the  capital  or  stock  of  any  corporation  or  asso- 
liation  whatever,  or  for  any  private  enterprise.  Nor  shall 
:he  State,  nor  any  political  corporation  thereof,  assume 
!he  liabilities  of  any  political,  municipal,  parochial,  private 
tT  other  corporation  or  association  whatsoever;  nor  shall 
'he  State  undertake  to  carry  on  the  business  of  any  such 
orporation  or  association,  or  become  a  part  owner  there- 
i;  provided,  the  State,  through  the  General  Assembly, 
hall  have  power  to  grant  the  right  of  way  through  its 
ublic  lands  to  any  railroad  or  canal;  and  provided,  police 
iiries  and  municipal  corpora  ions  may,  in  providing  for 
estitute  persons,  utilize  any  charitable  institutions  within 
tieir  corporate  limits  for  the  care,  maintenance  and  asy- 
im  of  such  persons;  and  all  appropriations  made  to  such 
istltutions  for  the  purpose  aforesaid  shall  be  accounted  for 
y  them  in  the  manner  required  of  officials  entrusted  with 
iublic  funds. 

GENERAL    PROVISIONS. 

1  Ex-post  facto  laws,  laws  impairing  obligations,  etc.,  etc., 
•rohibitcd.  Article  166.  No  ex-post  facto  law,  nor  any 
iw  impairing  the  obligations  of  contracts,  shpll  be  passed. 


nor  vested  rights  be  divested,  unless  for  purposes  of  pub- 
lic utility,  and  for  adequate  compensation  previously  made. 

Private  property  taken,  etc.,  for  public  purposes,  must 
be  paid  for.  Article  167.  Private  property  shall  not  be 
taken  nor  damaged  for  public  purposes  without  just  and 
adequate   compensation    being   first   paid. 

Members  of  general  assembly  and  officers  not  to  accept 
free  passes,  etc.,  from  railroads,  etc.  Article  191.  No 
member  of  the  Gfeneral  Assembly,  or  public  officer,  or  per- 
son elected  or  appointed  to  a  public  office  under  the  laws 
of  this  State,  shall  directly  or  indirectly  ask,  demand,  ac- 
cept, receive,  or  consent  to  receive,  for  his  own  use  or  bene- 
fit, or  for  the  use  or  benefit  of  another,  any  free  pass, 
free  transportation,  franking  privilege,  or  discrimination  in 
passenger,  telegraph,  or  telephone  rates,  from  any  person 
or  corporation,  or  make  use  of  the  same  himself  or  in  con- 
junction with  another. 

Penalty  for  officer  accepting  pass,  etc.  Any  person  who 
violates  any  provision  of  this  article  shall  forfeit  his  office, 
at  the  suit  of  the  attorney-general,  or  the  district  attor- 
ney, to  be  brought  at  the  domicile  of  the  defendant,  and 
shall  be  subject  to  such  further  penalty  as  may  be  pre- 
scribed by  law. 

Punishment  for  corporation,  etc.,  giving  passes,  etc.  Any 
corporation,  or  officer,  or  agent  thereof,  who  shall  give, 
or  offer,  or  promise,  to  a  public  officer  any  such  free  pass, 
free  transportation,  franking  privilege,  or  discrimination, 
shall  be  liable  to  punishment  for  each  offense  by  a  fine  of 
five  hundred  dollars,  to  be  recovered  at  the  suit  of  the  at- 
torney-general, or  district  attorney,  to  be  brought  at  the 
domicile  of  the  officer  to  whom  such  free  pass,  free  trans- 
portation, franking  privilege,  or  discrimination  was  given, 
offered,  or  promised. 

Person  giving  pass  must  testify,  etc.  No  person,  or 
officer,  or  agent,  of  a  corporation;  giving  any  such  free  pass, 
free  transportation,  franking  privilege,  or  discrimination, 
hereby  prohibited,  shall  be  privileged  from  testifying  in 
relation  thereto;  but  he  shall  not  be  liable  o  civil  or  crim- 
inal prosecution  therefor,  if  he  shall  testify  to  the  giving  of 
the  same. 

REVENUE  AND  TAXATION. 

General  assembly  never  to  surrender  power  to  fax  cor- 
porations, etc.  Article  228.  The  power  to  tax  corporations 
and  corporate  property  shall  never  be  surrendered  nor  sus- 
pended by  act  of  the  general  assembly. 


596 


National  Association  of  Eailway  Commissioners 


Certain  railroads  exempt  from  taxation  for  ten  years. 
Article  230.  There  shall  also  be  exempt  from  taxation  for 
a  period  of  ten  years  from  the  date  of  its  completion  any 
railroad  or  part  of  such  railroad  that  may  hereafter  be 
constructed  and  completed  prior  to  January  1,  1904;  pro- 
vided, that  when  aid  has  heretofore  been  voted  by  any 
parish,  ward,  or  municipality  to  any  railroad  not  yet  con- 
structed, such  railroad  shall  not  be  entitled  to  the  exemp- 
tion from  taxation  herein  established,  unless  it  waives  and 
relinquishes  such  aid  or  consents  to  a  resubmission  of 
granting  such  aid  to  a  vote  of  the  property  taxpayers  of 
the  parish,  ward,  or  municipality,  which  has  voted  thf, 
same,  if  one-third  of  such  property  taxpayers  petition  for 
the  same  within  six  months  after  the  adoption  of  this 
constitution. 

Exception  and  limitation  of  such  exemptions.  And  pro- 
vided, further,  that  this  exemption  shall  not  apply  to  double 
tracks,  sidings,  switches,  depots  or  other  improvements 
or  betterments,  which  may  be  constructed  by  railroads  now 
in  operation  within  the  State,  other  than  extensions  or  new 
lines  constructed  by  such  railroads;  nor  shall  the  exemp- 
tion hereinabove  granted  apply  to  any  railroad  or  part  of 
such  railroad,  the  construction  of  which  was  begun  and  the 
roadbed  of  which  was  substantially  completed  at  the  date 
of  the  adoption  of  this  constitution. 

Taxation,  of  foreign  corporations  may  he  different  from 
that  imposed  on  domestic  corporations,  hut  must  he  uni- 
form, etc.  Article  242.  Corporations,  companies  or  asso- 
ciations organized  or  domiciled  out  of  the  State,  but  doing 
business  therein,  may  be  licensed  and  taxed  by  a  mode  dif- 
ferent from  that  provided  for  home  corporations  or  com- 
panies; provided,  said  different  mode  of  license  shall  be 
uniform,  upon  a  graduated  system,  and  said  diiterent  mode 
of  taxation  shall  be  equal  and  uniform  as  to  all  such  cor- 
porations, companies  or  associations  that  transact  the  same 
kind  of  business. 

CORPORATIONS    AND    CORPORATE    EIGHTS. 

Corporate  charters — No  forfeiture,  amendment,  etc., 
thereof — No  special  legislation  for  corporations — Proviso. 
Article  262.  The  general  assembly  shall  not  remit  the 
forfeiture  of  the  charter  of  any  corporation  now  existing, 
nor  renew,  alter  or  amend  the  same,  nor  pass  any  general 
or  special  law  for  the  benefit  of  such  corporation,  except 
upon  the  condition  that  such  corporation  shall  thereafter 
hold  its  charter  subject  to  the  provisions  of  this  constitu- 
tion. 

Police  poiver  of  State  not  to  he  ahridged,  etc.,  to  permit 
corporations  to  infringe  equal  rights  of  individuals,  etc. 
Article  263.  The  exercise  of  the  police  power  of  the  State 
shall  never  be  abridged  nor  so  construed  as  to  permit  cor- 
porations to  conduct  their  business  in  such  manner  as  to 
infringe  the  equal  rights  of  individuals  or  the  general  well- 
being  of  the  State. 

Railroads  may  connect  laith,  crio'ss  or  intersect  each 
other.  Article  271.  Any  railroad  corporation  or  associa- 
tion organized  for  the  purpose  shall  have  the  right  to 
construct  and  operate  a  railroad  between  any  points  within 
this  State  and  connect  at  the  State  line  with  railroad- 
of  ower  States.  Every  railroad  company  shall  have  the 
right  with  its  road  to  intersect,  connect  with  or  cross 
any  other  railroad,  and  shall  receive  and  transport  each 
other's  passengers,  tonnage  and  cars,  loaded  or  empty, 
without  delay  or  discrimination. 

RaiVjoays  declared  puhlic  highways.  Article  272.  Rail- 
ways heretofore  constructed,  or  that  may  hereafter  be 
constructed  in  this  State,  are  hereby  declared  public 
highways,  and  railroad  companies  common  carriers. 

General  office  must  he  maintained  ix  ^,ouisiana.  Arti- 
cle 273.  Every  railroad  or  other  corporation,  organized 
or  doing  business  in  this  State,  unJer  the  laws  or 
authority  thereof,  shall  have  and  maintain  a  public  office 
or  place  in  this  State  for  the  transaction  of  its  business, 
where  .ransfers  of  stock  shall  be  made,  and  where 
shall  be  kept  for  public  inspection  books  in  which  shall 
be  recorded  the  amount  of  capital  stock  subscribed,  the 
names  of  owners  of  stock,  the  amounts  owned  by  them 
respectively,  the  amount  of  stock  paid,  and  by  whom, 
the  transfer  of  said  stock,  with  the  date  of  transfer,  the 
amount  of  its  assets  and  liabilities,  and  the  names  and 
places  of  residence  of  its  officers. 

Consolidation  of  railroads  organized  in  this  State  with 
corporations  of  other  States.    Article  274.    If  any  railroad 


company,  organized  under  the  laws  of  this  State,  shall 
consolidate,  by  sale  or  otherwise,  with  any  railroad  com- 
pany organized  under  the  laws  of  any  other  State  of  the 
United  States,  the  same  shall  not  thereby  become  a 
foreign  corporation,  but  the  courts  of  this  State  shall 
retain  jurisdiction  in  all  matters  which  may  arise,  as  If 
said  consolidation  had  not  taken  place.  In  no  case  shall 
any  consolidation  take  place  except  upon  public  notice 
of  at  least  60  days  to  all  stockholders  in  such  manner 
as  may  be  provided  by  law.  ■ 

General  laws  for  creation  of  private  corporations  to  he 
enacted — What  they  shall  provide.  Article  275.  General 
laws  shall  be  enacted  providing  for  the  creation  of  pri- 
vate corporations,  and  shall  therein  provide  fully  for  the 
adequate  protection  of  the  public  and  of  the  individual 
stockholder. 

RAILROAD    COMMISSION. 

Creating  the  railroad  commission  of  Louisiana  and  de- 
fining its  duties  and  powers — Organization.  Article  283. 
A  railroad,  express,  telephone,  telegraph,  steamboat  and 
other  water  craft,  and  sleeping  car  commission  is  hereby 
created;  to  be  composed  of  three  members,  to  be  elected 
from  the  districts  hereinafter  named,  at  the  time  fiied 
for  the  congressional  election  of  1898.  Of  the  three 
commissioners  elected  in  the  year  1898,  one  shall  seive 
two  years,  one  shall  serve  four  years,  and  one  shall 
(serve)  six  years,  the  period  each  is  to  serve  to  be 
determined  by  lot;  thereafter  the  commissioners  from 
each  district  shall  be  elected  for  a  term  of  six  years. 
They  shall  be  known  as  the  Railroad  Commission  of 
Louisiana.  The  commission  shall  meet  and  open  an 
office  and  have  its  domicile  at  Baton  Rouge,  and  shall 
elect  one  of  their  number  chairman,  and  may  appo  nt 
a  secretary  at  a  salary  of  $1,500  per  annum,  and  may 
meet  and  hold  regular  or  special  hearings  at  such  otl  er 
places  as  they  may  find  necessary.  No  member  of  tda 
convention  shall  be  eligible  to  election  or  appointmi  nt 
as  a  member  of  said  commission  prior  to  the  year  19  )8. 

Power  and  authority.  Article  284.  The  power  and  ;  u- 
thority  is  hereby  vested  in  the  commission,  and  it  is 
hereby  made  its  duty,  to  adopt,  change  or  make  reas^  in- 
able  and  just  rates,  charges  and  regulations,  to  govt  rn 
and  regulate  railroad,  steamboat  and  other  water  cri  ft, 
and  sleeping  car,  freight  and  passenger  tariffs  and  se  v- 
ice,  express  rates,  and  telephone  and  telegraph  charg  !S, 
to  correct  abuses,  and  prevent  unjust  discrimination  a  id 
extortion  in  the  rates  for  the  same,  on  the  differt  nt 
railroads,  steamboat  and  other  water  craft,  sleeping  c  ir, 
express,  telephone  and  telegraph  lines  of  this  State,  a  id 
to  prevent  such  companies  from  charging  any  grea  er 
compensation  in  the  aggregate  for  the  like  kind  of  pr  ip- 
erty  or  passengers,  or  messages,  for  a  shorter  than  a 
longer  distance  over  the  same  line,  unless  authorized  by 
the  commission  to  do  so  in  special  cases;  to  require  ill 
railroads  to  build  and  maintain  suitable  depots,  switcl  as 
and  appurtenances,  wherever  the  same  are  reasona  ly 
necessary  at  stations,  and  to  inspect  railroads  and  to 
require  them  to  keep  their  tracks  and  bridges  in  a  s;  fe 
condition,  and  to  fix  and  adjust  rates  between  brar  ch 
or  short  lines  and  the  great  trunk  lines  with  which  tl  ey 
connect,  and  to  enforce  the  same  by  having  the  penalt  es 
hereby  prescribed  inflicted  through  the  proper  cou  'tB 
having  jurisdiction. 

The  commission  shall  have  power  to  adopt  and  en- 
force such  reasonable  rules,  regulations,  and  modes  of 
procedure,  as  it  may  deem  proper  for  the  discharge  of 
its  duties,  and  to  hear  and  determine  complaints  t  lat 
may  be  made  against  the  classification  or  rates  it  n  ay 
establish,  and  to  regulate  the  mode  and  manner  of  all 
investigations  and  hearings  of  railroad  companies  i  nd 
other  parties  before  it,  in  the  establishment  of  rates, 
orders,  charges,  and  other  acts,  required  or  authori::ed 
by  these  provisions.  They  shall  have  power  to  summon 
and  compel  the  attendance  of  witnesses,  to  swear  ivit- 
nessps  and  to  compel  the  production  of  books  and  papi  rs, 
to  take  testimony  under  commission,  and  to  punish  for 
contempt,  as  fully  as  is  provided  by  law  for  the  Distiict 
Courts. 

Appeals  from  decisions  of  the  commission.  Article  :;85. 
If  any  railroad,  express,  telephone,  telegraph,  steamboat 
and  other  water  craft,  or  sleeping  car  company,  or  other 
party  in  interest,  be  dissatisfied  with  the  decision  or  fix- 
ing of  any  rate,  classification,  rules,  charge,  order.  Act 
or  regulation,  adopted  by  the  commission,  such  party  may 


Public  Service  IjAws 


5*97 


file  a  petition  setting  forth  the  cause  or  causes  of  objec- 
tion to  such  decision,  Act,  rule,  rate,  charge,  classifica- 
tion or  order,  or  to  either  or  to  all  of  them,  in  a  court 
of  competent  jurisdiction,  at  the  domicile  of  the  commis- 
sion, against  said  commission  as  defendant,  and  either 
party  to  said  action  may  appeal  the  case  to  the  Supreme 
Court  of  the  State,  without  regard  to  the  amount  in- 
volved, and  all  such  cases,  both  in  the  trial  and  Appel- 
late courts,  shall  be  tried  summarily,  and  by  preference 
over  all  other  cases.  Such  cases  may  be  tried  in  the 
court  of  the  first  instance  either  in  chambers  or  at 
term  time;  provided,  all  such  appeals  shall  be  returned 
to  the  Supreme  Court  within  10  days  after  the  decision 
of  the  lower  court;  and  where  the  commission  appeals, 
no  bond  shall  be  required.  No  bond  shall  be  required  of 
said  commission  in  any  case,  nor  shall  advance  costs, 
or  security  for  costs,  be  required  of  the  commission. 

Enforcement  of  commission's  orders — Appeals  from,  com- 
mission's orders — Rebates  forbidden — Violation  of  orders — 
Penalties — When  effective.  (As  amended  by  Act  No.  14  of 
1907,  being  a  joint  resolution  of  the  general  assembly, 
submitted  to  the  people  and  ratified  by  them  in  the 
general  election  held  April  21,  1908.)  Article  286.  If 
any  railroad,  express,  telephone,  telegraph,  steamboat,  or 
other  water  craft,  or  sleeping  car  company,  subject 
thereto,  directly  or  indirectly,  or  by  any  special  rate, 
rebate,  or  other  device,  shall  intentionally  charge,  de- 
mand, collect  or  receive  from  any  person,  firm  or  cor- 
poration, a  greater  or  less  compensation  for  any  service 
rendered  by  it  than  it  charges,  demnads  or  receives 
from  any  other  person,  firm  or  corporation,  for  doing  a 
like  and  contemporaneous  service,  or  shall  violate  any 
of  the  rates,  charges,  orders,  rules  or  decisions  of  said 
commission,  such  railroad,  steamboat  or  other  water 
craft,  express,  telegraph,  telephone,  or  sleeping  car 
company,  shall  forfeit  and  pay  to  the  State  not  less  than 
|100,  nor  more  than  $5,000,  to  be  recovered  before  any 
court  of  competent  jurisdiction,  at  the  suit  of  the  State, 
at  the  domicile  of  the  commission. 

Provided  that  every  order  or  decision  of  the  commis- 
sion fixing  and  establishing  a  rate  or  charge  for  the 
transportation  of  passengers  or  freight,  or  for  the  trans- 
mission of  messages  or  conversations  by  telephone  or 
telegraph,  within  the  State,  shall  go  into  effect  at  such 
times  as  may  be  fixed  by  the  commission,  and  shall  re- 
main In  effect  and  be  complied  with  unless  and  until 
set  aside  by  the  commission,  or  by  a  final  judgment  of 
a  court  of  competent  jurisdiction,  rendered  on  final  trial 
in  a  suit  to  set  aside  and  annul  the  same. 

Provided  that,  whenever  any  rate,  charge,  rule,  regu- 
lation, order,  or  decision,  of  the  commission,  is  con- 
tested in  court,  as  provided  by  this  constitution,  or  by 
any  amendment  thereto,  and  the  same  Is  maintained  on 
final  trial,  by  a  court  of  competent  jurisdiction,  the  rail- 
road, express,  telephone,  telegraph,  steamboat  or  other 
water  craft,  or  sleeping  car  company,  or  corporation, 
contesting  the  same,  shall  forfeit  and  pay  to  the  State 
of  Louisiana  the  sum  of  not  less  than  $10  nor  more  than 
$50,  per  day,  for  each  day  that  the  putting  into  effect 
and  operation  of  the  rate,  order,  charge,  rule,  regulation, 
or  decision,  of  the  commission  may  have  been  suspended 
by  such  suit,  to  be  found  and  adjudged  by  the  court 
in  which  such  suit  may  be  brought  and,  in  all  such  cases, 
the  said  court  shall,  in  its  judgment,  maintaining  the 
said  rate,  charge,  rule,  regulation,  order,  or  decision, 
enter  up  a  decree  and  judgment  against  the  plaintiff 
therein,  condemning  such  plaintiff  to  pay  to  the  State 
of  Louisiana  the  amount  of  the  said  penalty  or  forfeiture 
so  found  and  adjudged  by  it,  which  amount,  after  de- 
ducting therefrom  the  attorney's  fees  provided  by  Article 
288  of  this  constitution,  shall,  when  collected,  be  paid 
into  the  State  treasury,  for  account  of  the  general  school 
fund  of  the   State. 

The  power  and  authority  of  the  commission  shall 
affect  and  include,  not  only  the  transportation  of  pas- 
sengers, freight,  express  matter,  and  telegraph  and 
telephone    messages,    between    points    within    this    State, 

s  and  the  use  of  such  instruments  within  this  State,  but 
shall  also  affect  and  Include  all  matters  and  things  con- 
necied   with   and   concerning  the  service  to  be  given  by 

'  railroad,  express,  telephone,  telegraph,  steamboat  and 
other  water  craft,  and   sleeping  car  companies  and  cor- 

■    porations,   In   the   State,   and   their   operation   within  the 

:    State. 


Salaries  of  com,m,issioners — Reduced  rates — Free  trans- 
portation. Article  287.  Xj.^Jil  otherwise  provided  by  law, 
the  members  of  the  commission  shall  each  receive  a 
salary  of  $3,000  per  annum,  payable  monthly  on  his  own 
warrant,  and  their  actual  traveling  expenses,  and  those 
of  their  secretary,  which  expenses,  and  the  salary  of 
the  latter,  shall  be  paid  on  the  warrant  of  the  chairman 
of  the  commission  on  a  sworn  statement  of  their  cor- 
rectness. 

Nothing  herein  shall  prevent  the  railroad,  express, 
telegraph,  telephone,  steamboat  or  other  water  craft,  or 
other  companies,  from  serving  free  of  cost,  or  at  re- 
duced rates,  the  State,  or  any  city,  parish  or  town  govern- 
ment, or  any  charitable  purpose,  or  any  fair  or  exposi- 
tion, or  any  destitute  or  indigent  person,  or  the  issu- 
ance of  mileage  or  excursion  tickets;  nor  prevent  rail- 
roads, steamboats  or  other  water  craft  from  giving 
free  transportation  to  ministers  of  religion,  or  inmates 
of  hospitals,  or  to  railroad  oflScers,  agents,  employes, 
attorneys,  stockholders  or  directors,  unless  otherwise 
provided   by  this   constitution. 

Additional  duties  and  powers — How  provided  for — Qual- 
ifications of  commissioners.  [*As  amended  by  Act  No.  15 
of  1907,  being  a  joint  resolution  of  the  general  assembly, 
submitted  to  the  people  and  ratified  by  them  in  the  gen- 
eral election  held  April  21,  1908.]  Article  288.  The 
general  assembly  may  add  to  or  enlarge  the  powers 
and  duties  of  said  commission,  or  confer  other  powers 
and  duties  on  them.  They  may  also  provide  additional 
clerical  or  other  assistance  that  may  be  deemed  neces- 
sary for  the  discharge  of  the  duties  of  said  commission, 
and  may  add  other  penalties  to  make  the  work  of  said 
commission   effective.  * 

It  shall  be  the  duty  of  the  attorney-general,  and  the 
various  district  attorneys,  to  aid  said  commission  In  all 
legal  matters,  for  which  they  shall  receive  not  exceed- 
ing 25  per  cent  of  all  fines  and  forfeitures  collected  by 
them;  provided  the  commission  may  employ  other  at- 
torneys In  lieu  of  these  oflScers  on  like  terms. 

No  person  in  the  service  of,  or  attorney  for,  any 
railway,  express,  telephone,  telegraph,  steamboat  or 
other  water  craft,  sleeping-car  company  or  corporation, 
or  pecuniarily  interested  In  such  company  or  corporation, 
shall  hold  the  office  of  commissioner. 

The  fines  collected,  after  paying  the  attorney's  fees 
and  the  costs  in  suits,  In  which  the  commission  may  be 
cast  for  costs,  shall  be  paid  into  the  State  treasury. 

Railway  commission  districts.  Article  289.  The  State 
is  hereby  divided  into  three  railway  commission  districts, 
and  one  commissioner  shall  be  elected  from  each  of 
said  districts  by  a  plurality  of  the  voters  of  the  re- 
spective districts.  The  first  district  shall  comprise  the 
parishes  of  Orleans,  Plaquemines,  St.  Bernard,  Jefferson, 
St.  Charles,  St.  John  the  Baptist  and  St.  James.  The 
second  district  shall  comprise  the  parishes  of  Iberville, 
Ascension,  Assumption,  Lafourche,  Terrebonne,  St.  Mary, 
Iberia,  St.  Martin,  Lafayette,  Vermilion,  Cameron,  Cal- 
casieu, Avoyelles,  St.  Landry,  Pointe  Coupee,  West 
Feliciana,  East  Feliciana,  West  Baton  Rouge,  East  Baton 
Rouge,  St.  Helena,  Livingston,  Tangipahoa,  Washington, 
St.  Tammany  and  Acadia.  The  third  district  shall  com- 
prise the  parishes  of  Rapides,  Vernon,  Sabine,  Grant, 
Natchitoches,  Winn,  Red  River,  De  Soto,  Caddo,  Bossier, 
Webster,  Bienville,  Concordia,  Caldwell,  FVanklin,  Tensas, 
Madison,  Richland,  Ouachita,  Jackson,  Lincoln,  Union, 
Morehouse,  East  Carroll,  West  Carroll,  Claiborne  and 
Catahoula. 

FURTHER    AMENDMENTS    OF    THE    CONSTITUTION. 
(Wolff's  Revised  Laws,  Louisiana  (1908),  page  964.) 

EXEMPTION    FROM    TAXATION    OF   RAILROADS,    ETC.,    CONSTBUCTED 
SUBSEQUENT   TO  JANUARY   1,   1905. 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Lou- 
isiana, two-thirds  of  all  the  mevibers  elected  to  each 
house  concurring  therein: 
Exemptions  extended  to  January  1,  1909.    §  1.    That  the 
following  amendment  to  the  constitution  of  the  State  of 
Louisiana  be  submitted  to  the  electors  of  the  State  at  the 
next  election  for  representatives  in  congress,  to  be  held  on 


*See  also  Act  No.  199  of  1908  for  additional  powers 
and  duties,  pages  599  and  600. 


698 


National  Association  of  Railway  Commissioners 


the  first  Tuesday  after  the  first  Monday  in  November,  1904, 
to-wlt:  There  shall  be  exempt  from  taxation  for  a  period 
of  10  years  from  the  date  of  its  completion  any  railroad  or 
part  of  railroad  that  shall  have  been  constructed  and  com- 
pleted subsequent  to  January  1,  1905,  and  prior  to  Janu- 
ary 1,  1909.  This  exemption  shall  include  and  apply  to  all 
the  rights  of  way,  roadbed,  sidings,  rails  and  other  super- 
structures upon  such  rights  of  way,  roadbed  or  sidings; 
and  to  all  depots,  station-houses,  buildings,  erections  and 
structures  appurtenant  to  such  railroads  and  the  opera- 
tion of  the  same;  but  shall  not  include  the  depots,  ware- 
houses, station-houses  and  other  structures  and  appurten- 
ances nor  the  land  upon  which  they  are  erected  at  terminal 
points,  and  for  which  franchises  have  been  granted  and 
obtained,  whether  same  remain  the  property  of  the 
present  owner  or  owners,  or  be  transferred  or  assigned 
to  any  corporation  or  corporations,  person  or  persons 
whomsoever;  and  provided,  further,  that  this  exemption 
shall  not  apply  to  double  tracks,  sidings,  switches,  de- 
pots or  other  improvements  or  betterments  which  may 
be  constructed  by  railroads  now  in  operation  within  the 
State,  other  than  extensions  or  new  lines  constructed 
by  such   railroads. 

The   foregoing   amendment   was   proposed   by   Act   No. 
16    of   1904,    page    19,    and    adopted    November   8,    1904. 
Be  it  resolved  by  the  general  assembly  of  the  State  of  Lou- 
isiana, two-thirds  of  all  the  members  elected  to  each 
house  concurring  therein: 

Prohibiting  foreign,  etc.,  corporations  from  filing  or  re- 
moving certain  causes  to  the  federal  courts.  §  1.  That  the 
following  amendment  to  the  constitution  of  the  State  of 
Louisiana  be  submitted  to  the  electors  of  the  State  at  the 
next  general  State  election,  to  be  held  in  April,  1908,  to-wit: 

Prohibiting  foreign  corporations  from  removing  suits  to 
federal  courts.  Any  foreign,  federal  or  non-resident  cor- 
poration, operating,  conducting  or  doing  business  in  this 
State,  which  shall  institute  any  suit  or  action  at  law  or 
in  equity  against  the  State  of  Louisiana,  or  any  of  its 
political  subdivisions,  or  any  of  its  public  officers,  or 
against  any  corporation  or  citizen  of  this  State,  in  any 
other  court  or  courts  than  such  as  may  be  created  and 
organized  under  the  constitution  and  laws  of  this  State, 
or  which,  when  sued  by  the  State  or  any  of  its  politi- 
cal subdivisions  or  any  of  its  public  officers,  or  any 
corporation  or  citizen  of  this  State,  shall  remove,  or 
petition,  or  move  to  remove  said  suit  to  any  other  court 
than  a  court  created  and  organized  under  the  laws  of 
this  State,  shall  by  this  fact  alone  be  debarred,  pro- 
hibited and  denied  the  right  to  operate,  conduct  or  do 
any  business  within  this  State  and  thereafter  any  con- 
tract, or  agreement,  engagement  or  undertaking  with, 
or  by,  or  to  said  corporation  shall  be  utterly  null  and 
void. 

Penalties.  Any  foreign,  federal  or  non-resident  corpora- 
tion, or  any  person  acting  as  agent,  servant  or  officer  of 
such  corporation,  who  shall  make  or  attempt  to  make 
any  contract,  agreement,  undertaking  or  engagement  for, 
with,  by  or  in  the  name  of,  for  the  use  and  benefit  of 
such  corporation,  after  the  said  corporation  shall  have 
violated  any  of  the  provisions  of  the  foregoing  para- 
graph, shall  be  guilty  of  a  misdemeanor,  and,  on  con- 
viction, shall  be  fined  not  less  than  $100  nor  more  than 
$1,000,  and  may  also  be  imprisoned  with  or  without 
hard  labor  for  not  more  than  12  months,  or  both,  at 
the  discretion  of  the  court;  provided,  that  it  is  not  in- 
tended hereby  to  interfere  with  or  prohibit  the  transac- 
tion of  interstate  business  authorized  under  the  laws 
and  constitution  of  the  United  States. 

The  foregoing  amendment  was  proposed  by  Act  No. 
10,  extra  session  of  1907,  page  10,  and  adopted  April 
21,  1908. 

STATUTE  LAW. 

ISSUANCE  AND  SERVICE  OF  THE  PROCESSES   OF  THE  COMMISSION. 

ACT  No.  16  OF  1900. 

DUTIES  OF  THE  COMMISSION  ENLARGED. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 
Notices — How  served.  §  1.  That  in  all  cases  where 
witnesses  are  required  to  attend  the  session  of  the  rail- 
road commission  of  this  State  they  shall  be  notified  by  a 
summons  issued  and  signed  by  the  secretary  of  said 
commission,  and  bearing  the  seal  of  same,  and  mailed  to 


them,  or  which  shall  be  served  upon  them,  when  deemed 
necessary,  by  the  sheriff  of  the  parish  where  they  re- 
side or  where  they  may  be  found,  the  same  as  in  case 
of  service  of  a  notice  to  a  witness  in  a  civil  proceeding 
as  prescribed  by  existing  laws. 
Be  it  further  enacted,  etc.: 

Sheriffs  shall  execute  orders  and  processes.  |  2.  That 
attachments  for  witness  and  all  other  process  or  orders 
issued  by  said  railroad  commission  shall  be  issued  and 
signed  by  the  secretary  of  the  commission,  and  shall 
bear  the  seal  of  said  commission,  and  shall  be  executed 
and  enforced  by  the  sheriffs  of  this  State  in  the  same 
manner  as  in  civil  proceedings  before  the  courts  of  this 
State. 
Be  it  further  enacted,  etc.: 

Contempt — Hoto  punished.  §  3.  That  it  shall  be  law- 
for  the  commission  to  fine  and  commit  to  the  parish 
prison  of  the  parish  where  the  commission  may  he  in 
session  at  the  time  any  witness  or  other  person  ad- 
judged to  be  in  contempt  of  the  authority  of  said  com- 
mission, the  same  as  in  cases  of  contempt  before  Ihe 
District  Courts  of  this  State. 
Be  it  further  enacted,  etc.: 

Neglect  or  failure  of  sheriff  to  serve  papers.  §  4.  That 
in  all  cases  where  any  sheriff  whose  duty  it  is  hereby 
made  to  serve  or  execute  any  notice,  order  or  process 
of  any  kind,  issued  by  said  railroad  commission,  shall 
fail,  neglect  or  refuse  to  serve  or  execute  the  sane, 
then,  and  in  that  case,  the  said  commission  shall  have 
the  right  to  select  another  sheriff  to  serve  and  execute 
its  notices,  orders  and  process. 
Be  it  further  enacted,  etc.: 

Penalty  for  neglect  or  failure  of  sheriff  to  serve  papers. 
§  5.  That  any  sheriff  who  shall  fail,  neglect  or  refi  se 
to  execute  the  notices,  orders  or  process  of  said  com- 
mission shall  be  subject  to  the  same  penalties  for  such 
neglect,  failure  or  refusal  as  are  prescribed  in  the  service 
and  execution  of  similar  process  in  civil  cases. 
Be  it  further  enacted,  etc.: 

Compensation.  §  6.  That  the  sheriffs  throughout  t  tie 
State  shall  receive  for  their  services  aforesaid  the  saiae 
compensation  as  in  the  service  or  execution  of  notic  -s, 
orders  or  process  of  a  similar  nature  in  civil  cases,  tie 
same  to  be  paid  out  of  the  amount  appropriated  for  fie, 
expenses  of  said  commission  by  the  general  assembly  m 
Be  it  further  enacted,  etc.:  1  I 

Repealing  clause.  §  7.  That  all  laws  or  parts  of  la  v» 
in  conflict  with  this  Act  or  inconsistent  with  its  p  o- 
visions  be,  and  the  same  are  hereby,  repealed. 


J 


ACT  No.  24  OF  1904. 

POWER   TO   REGULATE    AND   CONTROL   JOINT   THROUGH   BAT 

Be  it  enacted  by  the  general  assembly  of  the  State  of  L'  u- 
isiana : 

•Joint  through  railroad  rates — Power  to  establish  a  id 
regulate.  §  1.  That  power  and  authority  is  hereby  vesi  ed 
in  and  given  to  the  Railroad  Commission  of  Louisiana,  aid 
it  is  hereby  made  its  duty,  to  require  all  railroads,  and  otl  er 
common  carriers  doing  business  in  this  State,  upon  the  ile- 
mand  of  any  person  or  persons,  firm,  partnership  or  c  )r- 
poration,  to  adopt  and  make,  and  thereafter,  when  nee  js- 
sary,  to  change,  reasonable  and  just  joint  through  ra  es 
and  charges  for  the  transportation  of  freight  between 
points  within  this  State,  whether  such  shipments  be  made 
entirely  by  railroads  or  by  water  transportation,  or  par  ly 
by  railroads  and  partly  by  water,  or  whether,  when  made 
by  railroads  alone,  such  freight  is  forwarded  in  carlo£d& 
or  less  than  carload  shipments. 
Be  it  further  enacted,  etc.: 

Joint  express,  telephone  and  telegraph  rates.  P  2.  Tin 
power  and  authority  is  hereby  vested  in  and  given  to  the 
Railroad  Commission  of  Louisiana,  and  it  is  hereby  mrde 
its  duty,  to  require  all  express,  telegraph  and  telephcne 
companies  or  corporations  doing  business  in  this  Stfte, 
upon  the  demand  of  any  persorf  or  persons,  firm,  partner- 
ship or  corporation,  to  adopt  and  make,  and  thereafter, 
when  necessary,  to  change,  reasonable  and  just  joint 
through  rates  and  charges  for  the  carriage  of  express 
matter,  and  the  transmission  of  messages  by  telegraph 
and  communications  by  telephone  between  points  in  this 
State;    provided,   that   nothing   in   this   Act  shall   be   con- 


lOE  a» 

II 

Til  a* 


I 


Public  Service  Laws 


599 


strued  to  mean  that  any  telephone  or  telegraph  company 
shall  be  required  to  connect  its  wires  and  apparatus  with 
the    wires   or   apparatus    of   any   other   telephone   or   tele- 
graph company. 
Be  it  further  enacted,  etc.: 

Rates  and  divinions — How  established.  §  3.  That  In  the 
event  of  the  failure  of  the  railroads,  and  other  common 
carriers,  express,  telegraph  and  telephone  companies  re- 
ferred to  in  this  Act,  to  establish  reasonable  joint  through 
rates  and  charges  for  transportation  of  freight  and  ex- 
press matter,  and  the  transmission  of  communications  by 
telegraph  and  telephone,  it  shall  be  the  duty  of  the  Rail- 
road Commission  of  Louisiana,  upon  the  application  of  any 
person,  firm,  partnership  or  corporation,  to  adopt  and 
make  such  reasonable  and  just  rates  and  charges  for  the 
transportation,  of  freight  carried  over  the  lines  of  two  or 
more  connecting  railroads  or  other  connecting  common 
carriers,  or  for  the  transportation  over  the  lines  of  two  or 
more  connecting  express  companies,  or  the  transmission 
of  communications  over  two  or  more  connecting  telephone 
or  telegraph  lines  in  this  State;  and  all  such  rates  and 
charges  thus  adopted,  made  and  established  by  the  Railroad 
Commission  of  Louisiana  shall  go  into  effect  within  thirty 
(30)  days  after  the  same  shall  have  been  promulgated  by 
publication  in  the  official  journal  of  said  commission,  and 
•written  or  telegraphic  notice  given  to  such  companies. 
Be  it  further  enacted,  etc.: 

Thirty  days  allowed  for  agreeing  on  divisions.  §  4.  That 
b<»fr>re  the  promulgation  of  siifh  rates  and  charges  thus 
adopted  by  the  Railroad  Commission  of  Louisiana,  said 
commission  shall  notify  the  railroads  and  other  common 
carriers,  express,  telegraph  and  telephone  companies  in- 
terested, of  the  proposed  schedule  of  joint  through  rates 
to  be  promulgated  by  the  Railroad  Commission  of  Louis- 
iana, and  shall  allow  them  30  days  thereafter  to  agree 
upon  a  division  of  the  charges  provided  for  in  such 
schedule.  If  such  companies  or  corporations  fail  to  agree 
upon  a  division,  and  notify  the  commission  thereof,  it  shall, 
after  a  hearing  of  the  companies  or  corporations  interested, 
decide  the  matter  and  determine  how  such  division  should 
be  made. 
Be  it  further  enacted,  etc.: 

Repealing  clause.  §  5.  That  all  laws  and  parts  of  laws 
inconsistent  or  in  conflict  with  this  Act  be  and  the  same 
are  hereby  repealed. 

ACT  No.  36  OF  1906. 

PIPE    LINES    PLACED    TJNDER    CONTROL    OF   THE    COMMISSION. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Pipe  lines  declared  common  carriers.  §  1.  That  all  pipe 
lines,  through  which  gases,  oil,  or  other  liquids  are  con- 
veyed from  one  point  in  the  State  to  another  point  in  the 
State,  for  a  consideration,  are  hereby  declared  to  be  com- 
mon carriers,  and  are  placed  under  the  control  of  and  sub- 
ject to  regulation  by  the  Railroad  Commission  of  Louis- 
iana. 

Be  it  further  enacted,  etc.: 

Commission  to  fix  and  regulate  rates  for.  §  2.  That 
the  power  and  authority  is  hereby  vested  in  the  Railroad 
Commission  of  Louisiana,  and  it  is  hereby  made  its  duty, 
to  adopt,  change,  or  make  reasonable  and  just  charges  or 
regulations  to  govern  and  regulate  all  pipe  lines  in  this 
State,  through  which  gases  or  other  liquids  are  conveyed 
from  one  point  in  the  State  to  another  point  in  the  State 
for  a  consideration. 

Be  it  further  enacted,  etc.: 

Repealing  clause.  §  3.  That  all  laws  or  parts  of  laws 
inconsistent  or  in  conflict  with  this  Act  be,  and  the  same 
are  hereby,  repealed. 


ACT  No.  195  OF  1906. 

THE    RAILROAD    COMMISSION    OF    LOUISIANA    AUTHORIZED    TO    AP- 
PEAR BEFORE   INTERSTATE  COMMERCE   COMMISSION. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

§  1.  That  power  and  authority  is  hereby  vested  in  the 
Railroad  Commission  of  Louisiana,  and  it  is  hereby  made 
Its  duty,  to  appear,  through  any  of  its  commissioners,  or  its 
secretary,  or  by  a  duly  authorized  attorney,  before  the  In- 
terstate Commerce  Commission,  at  Washington,  D.  C,  or 
at  any  other  place  where  the  said   Interstate   Commerce 


Commission  might  be  holding  a  session,  whenever,  in  the 
judgment   of   the   said   railroad   commission   of   Louisiana, 
the   interests   of   shippers   or   consignees   in   the   State   of 
Louisiana  may  require  it. 
Be  it  further  enacted,  etc.: 

S  2.     That  all  laws  or  parts  of  laws  in  conflict  with  this 
Act  be,  and  the  same  are  hereby,  repealed. 

ACT  No.  171  OF  1908. 

LIMIT  WITHIN  WHICH   SUITS  TO  SET  ASIDE  ORDERS  OF  THE  COM- 
MISSION  MUST  BE  FILED   IN   ORDER  TO   SUSPEND   THE  ORDER. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Orders  in  full  force  until  set  aside.  §  1.  That  all  orders 
of  the  Railroad  Commission  of  Louisiana,  made  and  entered 
upon  its  records,  respecting  rates,  charges,  rules,  regula- 
tions and  classifications,  affecting  any  railroad,  express, 
telephone,  telegraph,  steamboat,  or  other  water  craft,  or 
sleeping  car  company,  or  other  individual,  corporation  or 
carrier,  under  its  jurisdiction  or  control,  or  requiring  the 
performance  of  any  Act  by  any  such  railroad,  express, 
telephone,  telegraph,  steamboat,  or  other  water  craft,  or 
sleeping  car  company,  or  other  individual,  company  or 
corporation,  shall  be  operative  and  In  full  force  and  effect 
from  and  after  the  time  fixed  for  the  same  to  become  effec- 
tive by  the  said  Railroad  Commission  of  Louisiana,  unless 
such  orders  be  thereafter  changed,  altered,  modified,  or 
set  aside  by  a  court  of  competent  jurisdiction. 
Be  it  further  enacted,  etc. : 

Review  within  three  months.  §  2.  That  If  any  rail- 
road, express,  telephone,  telegraph,  steamboat,  or  other 
water  craft,  or  sleeping  car  company,  or  individual,  cor- 
poration or  carrier,  under  the  control  or  jurisdiction  of  the 
commission,  or  other  party  in  interest,  shall  be  dissatis- 
fied with  any  order  entered  by  the  Railroad  Commission 
of  Louisiana,  adopting,  fixing,  changing,  altering,  or  modi- 
fying, any  rate,  classification,  rule,  charge,  or  general 
regulation,  such  dissatisfied  company,  corporation,  or  in- 
dividual may,  within  three  months  after  any  such  order  is 
made  and  becomes  effective  by  the  Railroad  Commission  of 
Louisiana,  and  not  thereafter,  file  In  a  court  of  compe- 
tent jurisdiction  at  the  domicile  of  the  commission  a  peti- 
tion setting  forth  therein  the  particular  cause  or  causes 
of  objection  to  the  order  or  regulation  of  the  said  commis- 
sion, so  complained  of.  All  such  cases  shall  be  tried  in 
the  same  manner  as  civil  cases  and  shall  be  given  prece- 
dence over  all  other  civil  cases  in  the  said  court,  and 
shall  be  heard  and  determined  as  speedily  as  possible  to 
the  end  that  the  public  interests  may  not  suffer  by  reason 
of  such  proceeding.  Any  such  court  shall  have  the  power 
and  authority  to  afiirm  the  order  of  said  railroad  commis- 
sion of  Louisiana  so  complained  of,  or  to  change,  modify, 
alter,  or  set  aside  the  same,  as  justice  may  require. 
Be  it  further  enacted,  etc.: 

Limitation.  §  3.  That  no  suit,  not  filed  within  the 
delay  provided  by  §  2  of  this  Act,  to  set  aside,  change,  alter 
or  modify  the  orders  of  the  railroad  commission  of  Louis- 
iana shall  be  thereinafter  filed  or  entertained;  the  delay 
fixed  by  §  2  of  this  Act  being  the  prescriptive  period,  after 
which  no  such  suits  shall  be  filed,  entertained  or  heard. 
Be  it  further  enacted,  etc.: 

Repeal.  §  4.  That  all  laws  or  parts  of  laws  incon- 
sistent or  in  confiict  with  this  Act  be  and  the  same  are 
hereby  repealed. 

ACT  No.  199  OF  1908. 

THE  COMMISSION   EMPOWERED  TO  ESTABLISH  STATIONS   AND  REG- 
ULATE AND  CO.NTKOL  THE  SERVICE  OF  CERTAIN  CORPORATIONS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

Commission  may  require  building  of  stations.  §  1.  That 
in  addition  to  the  power  and  authority  already  conferred, 
and  the  duties  already  imposed,  by  the  constitution  and 
laws  of  this  State  upon  the  railroad  commission  of  Louisi- 
ana, said  commission  shall  have  and  exercise,  and  it  is 
hereby  given  the  power  and  authority  to  require  and  com- 
pel railroad  companies  and  corporations,  onerating  and 
doing  business  in  this  State,  to  establish  stations  for  pas- 
sengers and  freight,  wherever  reasonably  necessary  and 
.convenient;  to  build,  construct  and  maintain  suitable  and 
safe  cattle  guards,  wherever  reasonably  required;  to  re- 
quire any  person,  firm  or  corporation,  operating  a  railroad 


600 


National  Association  of  Railway  Commissioners 


In  Louisiana,  upon  the  application  of  any  shipper  tender- 
ing traffic  for  transportation,  or  any  lateral,  or  branch  line 
of  railroad,  or  any  intersecting  railroad,  or  other  inter- 
ested party,  to  construct,  maintain  and  operate,  upon  rea- 
sonable terms,  a  switch  connection  with  any  such  lateral, 
branch  line  of  railroad,  intersecting  railroad,  or  any  private 
switch  or  spur  track,  which  may  be  constructed  to  con- 
nect with  its  railroad,  where  such  connection  is  reasonably 
practicable  and  can  be  put  in  with  safety  and  will  furnish 
sufficient  business  to  justify  the  construction  and  main- 
tenance of  same;  and  to  require  any  person,  firm  or  cor- 
poration operating  a  railroad  in  Louisiana,  when  such  con- 
nections are  made,  to  furnish  cars  for  the  movement  of 
the  traffic  to  the  b€St  of  their  ability  and  without  discrim- 
ination, in  accordance  with  the  rules  and  regulations  adopt- 
ed and  prescribed  by  the  railroad  commission  of  Louisiana. 
Be  it  further  enacted,  etc.: 

Telegraph  and  telephone  companies.  §  2.  That  in  addi- 
tion to  the  power  and  authority  already  conferred,  and 
the  duties  already  imposed,  by  the  constitution  and  laws 
of  this  State,  upon  the  railroad  commission  of  Louisiana, 
said  commission  shall  have  and  exercise,  and  it  is  hereby 
given  the  power  and  authority  to  require  and  compel  tele- 
graph and  telephone  companies  and  corporations,  operat- 
ing and  doing  business  in  this  State,  and  all  persons  en- 
gaged in  doing  a  telegraph  or  telephone  business,  to  estab- 
lish telegraph  offices  or  public  telephone  stations  along  ex- 
isting lines,  wherever  the  same  may  be  reasonably  neces- 
sary and  convenient,  for  the  purpose  of  receiving  and  de- 
livering messages  and  conversation  to  be  transmitted  by 
telegraph  or  telephone;  to  require  and  compel  telegraph 
and  telephone  companies  and  corporations,  and  persons 
engaged  in  such  business,  to  deliver  promptly  all  messages 
to  be  sent  or  transmitted  by  them;  and  to  make  and  adopt 
any  and  all  reasonable  and  Just  rules,  regulations  and  or- 
ders, affecting  or  connected  with  the  service  and  opera- 
tion of  telegraph  and  telephone  companies  and  corpora- 
tions, and  persons  engaged  in  such  business  in  this  State. 
Be  it  further  enacted,  etc.: 

Express  companies.  §  3.  That,  in  addition  to  the 
power  and  authority  already  conferred  upon  the  railroad 
commission  by  the  constitution  and  laws  of  this  State, 
said  commission  shall  be,  and  it  is  hereby,  vested  with  the 
power  and  authority,  and  it  is  hereby  made  its  duty,  to 
adopt,  make  and  change  reasonable  and  just  rules,  regula- 
tions and  orders  affecting  and  concerning  the  service  to 
be  given  and  furnished  by  express,  telegraph  and  telephone 
companies  and  corporations,  and  persons  engaged  in  such 
business  in  this  State,  and  their  operation  In  this  State. 
Be  it  further  enacted,  etc.: 

Repeal.  §  4.  That  all  laws  or  parts  of  laws  in  conflict 
or  Inconsistent  with  this  Act,  be  and  the  same  are  hereby 
repealed. 

ACT  No.  240  OF  1908. 

Disobedience  of  the  Commission's  Orders  by  an  Agent  a 

Misdemeanor. 

Be  it  enacted  hy  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Misdemeanor  to  violate  order.  §  1.  That  any  agent, 
operator  or  other  employe  of  a  railroad  company,  steam- 
boat or  other  water  craft,  express  company,  telegraph  com- 
pany, telephone  company,  or  sleeping  car  company,  or 
other  party  operating  railroads,  express  lines,  steamboats 
or  other  water  craft,  telephone  or  telegraph  lines,  or  sleep- 
ing cars,  who  shall  neglect  or  refuse  to  comply  with  the 
provisions  and  requirements  of  any  order,  rule,  or  regula- 
tion, relative  to  the  posting  of  bulle'tin  boards,  exhibiting 
tariffs  to  the  public,  furnishing  drinking  water  in  stations, 
keeping  fires  in  waiting  rooms  in  inclement  weather,  or 
performing  any  other  duty  regarding  the  care  and  policing 
of  freight  and  passenger  depots,  adopted  or  established  by 
the  railroad  commission  of  Louisiana,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  by 
any  court  of  competent  jurisdiction,  be  fined  not  exceeding 
$50  for  each  offense,  and  in  default  of  payment,  shall  be 
imprisoned  in  the  parish  jail  for  not  more  than  thirty  days, 
or  both  fined  and  imprisoned  at  the  discretion  of  the  court; 
provided,  this  Act  shall  not  in  any  manner  prevent  the 
railroad  commission  from  proceeding  against  the  railroad 
company,  telephone  company,  sleeping  car  company  or 
other  party  operating  railroad,  express  lines,  steamboats 
or  other  water  craft,  telephone  or  telegraph  lines,  or  sleep- 
ing cars  for  such  offense  as  now  provided  by  law. 


r  L  It*. 


Be  it  further  enacted,  etc. : 

Copy  of  law  to  he  posted.  §  2.  That  all  railroad  com- 
panies, steamboats  or  other  water  craft,  express  companies 
telegraph  companies  or  telephone  companies,  sleeping  car 
companies,  and  other  operating  railroads,  steamboats  ex- 
press lines,  telegraph  and  telephone  lines,  and  sleeping 
cars,  in  the  State  of  Louisiana,  shall  keep  a  copy  of  this 
law  posted  in  a  conspicuous  place  in  each  of  its  depots 
offices,  public  stations,  or  exchanges.  ' 

Be  it  further  enacted,  etc.: 

Repeal.  §  3.  That  all  laws  or  parts  or  laws  conflicting 
herewith  be  and  they  are  hereby  repealed. 

ACT  No.  284  OF  1908. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

Statement  by  foreign  corporation  required.  §  1.  That 
§  1  of  Act  54  of  the  Acts  of  the  general  assembly  of  the 
State  of  Louisiana  for  the  year  1904,  approved  June  29, 
1904,  entitled  "An  Act  to  carry  into  effect  Article  264  of 
the  constitution  of  1898,  in  respect  to  foreign  corporations 
domg  business  in  this  State,"  be  amended  and  re-enacted  so 
as  to  read  as  follows: 

That  it  shall  be  the  duty  of  every  foreign  corporation 
doing  business  in  this  State  to  file  in  the  office  of  the  sec- 
retary of  State  a  written  declaration  setting  forth  snd 
containing  the  place  or  locality  of  its  domicile,  the  place 
or  places  in  the  State  where  it  is  doing  business,  the  place 
of  its  principal  business  establishment,  and  the  name  of 
its  agent  or  agents  or  other  officer  in  this  State  upon  wh  Jm 
process  may  be  served;  provided,  that  no  foreign  corpc ra- 
tion shall  select  as  its  agent  or  agents  for  service  any  j  er- 
son  not  residing  in  a  parish  where  said  corporation  1  as 
an  established  business,  and,  provided  further,  that  serv  c© 
on  said  agent,  whether  personal  or  domiciliary,  shall  con- 
stitute a  valid  service  on  said  foreign  corporation. 

ACT  No.  297  OF  1908. 
Be  it  enacted  by  the  general  assembly  of  the  State  of 
isiana : 

Railroads  to  repair  broken  cars,  etc.  §  1.  That  all  r;  11- 
way  or  railroad  corporations  operating  in  the  State  of 
Louisiana,  and  having  their  repair  shops  within  the  Sta.e, 
as  a  condition  precedent  to  exercising  the  right  of  emini  nt 
domain  under  the  laws  of  the  State  of  Louisiana,  the  r:  il- 
way  or  railroad  corporations  so  operating  within  the  St;  te 
of  Louisiana,  shall  and  are  hereby  required  to  repair  re  lO- 
vate  or  rebuild  in  the  State  of  Louisiana  any  and  all  le- 
fective  or  broken  cars,  coaches,  locomotives  or  other  eqii  ;p- 
ment,  owned  or  leased  by  said  corporations  in  the  State  of 
Louisiana,  when  such  rolling  stock  is  within  the  State  of 
Louisiana.  Provided  such  railway  shall  have  or  be  un(  er 
obligations  to  have  proper  facilities  in  the  State  to  do  sv  ch 
work,  and  providing  this  Act  shall  not  be  so  construed  as  to- 
require  any  railway  company  to  violate  the  safety  api  U- 
ance  law  of  congress,  and  provided  further,  that  no  r:  11- 
way  company  shall  be  required  to  haul  such  dlsab:ecl 
equipment  a  greater  distance  for  repairs  at  a  point  in 
Louisiana  than  would  be  necessary  to  reach  repair  shcp» 
in  another  State. 
Be  it  further  enacted,  etc.: 

Work  to  be  done  in  Louisiana.  §  2.  That  all  rallrc  ad 
corporations  operating  in  the  State  of  Louisiana,  and  h  iv 
ing  their  repair  shops  within  the  State,  shall  be  prohibited 
from  sending  or  removing  any  of  their  cars,  coaches,  lo  :o- 
motives  or  other  equipment  out  of  the  State  of  Louisiana 
to  be  repaired,  renovated  or  rebuilt,  when  the  same 
defective  or  broken  condition  and  within  the  State. 
Be  it  further  enacted,  etc.: 

Penalty.  §  3.  That  any  corporation,  lessee,  receiver* 
superintendent  or  agent,  who  shall  violate  any  of  the  previ- 
sions of  this  Act,  shall,  after  conviction  by  a  court  of  com^ 
petent  jurisdiction,  be  liable  to  a  fine  of  not  less  than 
$50,  nor  more  than  $200,  or  be  Imprisoned  for  not  more 
than  three  months,  or  both,  at  the  discretion  of  the  court. 

ACT  No.  20  OP  1908. 
Be  it  enacted  by  the  general  assembly  of  the  State  of 
isiana: 

Damages  for  delay  in  transmission,  etc.  §  1.  That  all 
persons  and  corporations  operating  telegraph  or  telephone 
lines  or  systems  and  doing  business  in  this  State  are  here- 
by required  to  pay  at  the  place  where  the  message  Is  to- 


isiana 

1 


■M 


j 


Public  Service  Laws 


601 


be  delivered  or  at  the  place  where  the  message  is  offered 
for  transmission,  at  the  option  of  the  party  making  the 
claim,  for  all  damages  that  may  arise  from  the  failure,  re- 
fusal or  neglect  to  transmit  or  to  deliver,  or  from  any  de- 
lay in  the  transmission  or  the  delivery,  or  any  message 
handled  by  them  or  offered  them  for  transmission;  and 
they  may  be  sued  either  in  the  courts  at  the  place  where 
the  message  is  to  be  delivered  or  in  the  courts  at  the  place 
where  the  message  is  offered  for  transmission  or  in  the 
courts  at  the  domicile  of  such  persons  and  corporations, 
at  the  option  of  the  party  bringing  the  suit,  for  the  re- 
covery of  any  damage  that  may  arise  from  their  failure,  re- 
fusal or  neglect  to  transmit  or  to  deliver,  or  from  any 
error  made  in  the  transmission  or  the  delivery,  or  from  any 
delay  in  the  transmission  or  the  delivery  of  any  message 
handled  by  them  or  offered  them  for  transmission. 
Be  it  further  enacted,  etc.: 

Repeal.    §  2.    That  all  laws  or  parts  of  laws  in  conflict 
with  this  Act  be  and  the  same  are  hereby  repealed. 


costs    shall    be    imprisoned    not    less    than    10    days    nor 
more  than  30  days. 
Be  it  further  enacted: 

Arrest,  etc.  §  2.  That  it  shall  be  the  duty  of  any  peace 
officer  who  shall  see  or  have  knowledge  of  any  person 
violating  the  provisions  of  this  Act  to  arrest  such  per- 
son, and  take  said  person  or  persons  before  a  court  of 
competent  jurisdiction  of  the  city,  town  or  parish  in 
which  the  arrest  is  made,  to  be  dealt  with  in  accordance 
herewith:  That  in  case  the  offense  is  committed  while 
on  a  train  verbal  notice  from  the  conductor  in  charge 
shall  be  sufllcient  notice  to  an  officer  of  the  commission 
of  the  offense. 

Be  it  further  enacted: 

§  3.  That  all  laws  and  parts  of  laws  in  conflict  here- 
with are  hereby  repealed,  and  that  this  Act  go  into 
effect  from  and  after  its  promulgation. 


ACT  No.  73  OF  1902. 

EXTENDING     INTERSTATE     RAILWAYS     INTO     AND     THROUGH     THE 
STATE   OF   LOUISIANA. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiatta : 
Foreign  railway  may  build  into  Louisiana.  §  1.  That 
any  railway  corporation  existing  or  organized  under  the 
laws  of  any  other  State  or  Territory,  or  of  the  United 
States,  shall  be  and  are  authorized  to  extend,  construct  and 
operate  their  lines  of  railroad  into  and  through  this  State. 
Be  it  further  enacted,  etc.: 

Power  to  condemn  land.  §  2.  That  such  railway  com- 
panies of  any  other  State  or  Territory  of  the  United 
States,  extending,  constructing  and  operating  their  lines 
of  railroad  into  and  through  this  State,  shall  have  the 
power  to  expropriate  land  and  other  property  for  their 
railroad,  right  of  way,  switches,  sidings,  branches,  spurs, 
depots  and  depot  grounds,  yards,  and  any  land  and  prop- 
erty for  railroad  purposes,  in  the  manner  as  is  now  or  may 
be  provided  under  our  law  for  expropriation  by  railroad 
corporations. 
Be  it  further  enapted,  etc.: 

Offices  in  Louisiana.  §  3.  That  railroad  companies  or 
corporations  availing  themselves  of  the  provisions  of  this 
Act  shall  have  and  maintain  a  domicile,  and  main  and 
general  offices  in  the  State,  and  be  subject  to  the  control 
and  regulations  of  the  laws  of  this  State  and  the  railroad 
commission,  as  well  as  the  jurisdiction  of  the  State  courts. 
Be  it  further  enacted,  etc.: 

In  effect  forthwith.  §  4.  That  this  Act  shall  take  effect 
from  and  after  its  passage. 

ACT  No.  84  OF  1882. 

EIGHT    TO    CROSS    STATE    LANDS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lour 
isiana: 

Right  of  way  oper  State  land.  §  1.  That  any  person, 
company  or  corporation  desiring  to  build  or  extend  a 
railroad  in  this  State  shall  have  the  right  of  way  not 
exceeding  200  feet  in  width  over  any  land  belonging  to 
the  State,  through  which  such  road,  or  any  branch,  tap 
or  extension  thereof  may  pass,  for  the  purpose  of  con- 
structing, maintaining  and  running  any  railroad  or  any 
tap,  branch  or  extension  thereof,  which  may  be  hereafter 
built  in  this  State. 


ACT  No.  11  OF  1908. 

DRUNKENNESS   ON   RAILROAD  TRAINS   AND  IN  PUBLIC  PLACES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

Drunkenness  on  train  prohibited.  §  1.  That  any  per- 
son appearing  at  a  picnic,  barbecue,  children's  day  cele- 
bration, church  service,  Sunday  school  celebration,  lit- 
erary society,  or  any  other  public  gathering,  or  on  any 
railway  train  in  this  State,  in  a  drunken  or  intoxicated 
condition  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction,  shall  be  fined  in  a  sum  not  less  than  $10 
nor  more  than  $50,  and  in  default  of  paying  same  with 


ACT  No.  79  OF  1908. 

DRINKING    INTOXICATING    LIQUORS    ON    PASSENGER    TRAINS    PRO- 
HIBITED. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

Drinking  on  trains  prohibited.  §  1.  That  it  shall  be 
unlawful  for  any  person  to  drink  intoxicating  liquors  of 
any  kind  in  or  upon  any  railway  passenger  train,  or 
coach,  or  closet,  vestibule  thereof  or  platform  connected 
therewith  while  said  train  or  coach  is  in  the  service  of 
passenger  transportation  within  this  State. 

Provided,  that  nothing  in  this  Act  shall  be  construed 
to  prevent  the  use  of  intoxicating  liquors  as  stimulant 
in  case  of  actual  sickness  of  the  person  using  said  stim- 
ulant. 

Be  it  further  enacted,  etc.: 

Penalty.  §  2.  That  any  person  violating  §  1  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  fined  in  any  sum  not  more  than  $25, 
or  for  default  of  paying  fine  shall  be  imprisoned  not 
more  than  30  days. 
Be  it  further  enacted,  etc.: 

Exception.     §  3.     That  this  law  shall  not  apply  to  the 
drinking  of  liquor  with  meals  on  regular  dining  cars. 
ACT  No.  133  OF  1894. 
(Amending  and  Re-enacting  Act  No.  54  of  1890.)     "" 

PASSENGER   FARES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Maximum  rate  3  cents  per  mile.  §  1.  That  from  and 
after  the  promulgation  of  this  Act  it  shall  be  unlawful 
for  any  railroad  corporation  doing  business  in  this  State, 
or  any  person  or  persons  owning  and  operating  a  rail- 
road under  the  laws  of  this  State,  and  carrying  persons 
for  hire  within  this  State,  to  charge  more  than  3  cents 
per  mile  for  each  mile  they  actually  transport  the  pas- 
sengers, except  as  herein  provided;  provided,  that  at  all 
stations-  where  tickets  are  on  sale,  that  the  passenger 
shall  provide  himself  with  a  ticket,  and  that  persons 
failing  so  to  provide  themselves  shall  be  charged  not 
exceeding  4  cents  per  mile,  except  from  flag  stations,  or 
stopping  places  Where  tickets  are  not  offered  for  sale, 
in  which  cases  but  3  cents  per  mile  shall  be  charged. 

Children.  Provided  that  children  under  12  years  of  age 
shall  be  charged  not  more  than  one-half  the  maximum 
rate  above  set  forth;  provided,  also,  that  no  charge 
less  than  10  cents  shall  be  made  for  a  distance  of  3 
miles  or  less;  and  provided,  further,  that  no  charge  of 
more  than  25  cents  shall  be  made  by  local  or  branch 
lines,  under  3  miles  in  length,  for  carrying  a  passenger 
over  such  entire  line,  and  that  no  charge  of  more  than 
6  cents  per  mile  shall  be  made  by  local  or  branch  lines  of 
more  than  3  and  less  than  17  miles  in  lengOi,  and  that 
no  charge  of  more  than  5  cents  per  mile  shall  be  made 
by  any  such  road  of  more  than  17  and  less  than  40  miles 
in  length;  provided,  that  when  a  passenger  fails  to  pro- 
vide himself  with  a  ticket  over  such  a  line  a  charge 
not  more  than  6  cents  per  mile  may  be  made. 

Penalty.  §  2.  That  in  order  to  prevent  a  violation  of 
this   Act,    the   corporation,    person,    persons    or   agent   so 


602 


National  Association  of  Eailway  Commissionehs 


wilfully  offending  shall  forfeit  and  pay  for  each  and 
every  offense  the  sum  of  $100,  to  be  recovered  before 
any  court  of  competent  jurisdiction,  one-half  of  the  said 
sum  to  be  paid  to  the  informant  and  one-half  to  the 
Charity  Hospital  of  the  city  of  New  Orleans. 

Exception.  §  3.  The  provisions  of  this  Act  shall  not 
apply  to  narrow  gauge  railroads  under  40  miles  in 
length. 

Repeal.  §  4.  That  all  laws  and  parts  of  laws  in  con- 
flict herewith  are  hereby  repealed. 

ACT  No.  93  OP  1888. 

PAYMENT    OF    CLAIMS. 

Be  it  enacted  by  the  general  assemhly  of  the  State  of  Lou- 
isiana : 

Collection  of  freight  claims.  §  1.  That  steamboats,  rail- 
roads and  all  other  public  carriers  doing  business  in  this 
State  are  hereby  required  to  pay  at  the  point  of  delivery 
for  all  freight  they  may  fail,  refuse  or  neglect  to  deliver; 
and  for  all  overcharges  over  and  above  the  rate  of 
freight  expressed  in  the  bill  of  lading  or  contract,  except 
the  freight  r€ceived  in  sealed  cars  from  other  roads 
outside  of  this  State;  and  they  may  be  sued  either  in 
the  courts  at  the  point  of  delivery  or  in  the  courts  of 
the  domicile  of  said  steamboat  or  other  public  carriers, 
at  the  option  of  the  party  bringing  the  suit,  for  the  re- 
covery of  all  freights  they  may  fail,  refuse  or  neglect 
to  deliver,  or  for  damages  arising  from  such  failure,  re- 
fusal or  neglect,  or  for  damages  done  to  freight  while 
in  transit;  provided,  that  suit  shall  not  be  instituted 
under  30  days  after  demand;  and  provided,  further,  that 
no  charge  shall  be  made  for  freight  not  actually  de- 
livered. 
Be  it  further  enacted: 

Repeal.  §  2.  That  all  laws  or  parts  of  laws  in  conflict 
with  this  Act  be,  and  the  same  are  hereby,  repealed. 


ACT  No.   29  OF  1908. 

PAYMENT    OF    CLAIMS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 
Fine  limit  for  adjusting  claims.  §  1.  That  every  claim 
for  loss  of  or  damage  to  property  or  freight  while  in  the 
possession  of  any  common  carrier  doing  business  in  this 
State  shall  be  adjusted  and  paid  within  30  days  in  case  of 
shipments  wholly  within  the  State  and  within  60  days  in 
case  of  shipments  from  without  the  State  after  the  filing 
of  such  claim  with  the  agent  of  such  common  carrier  at  the 
point  of  destination  of  such  shipment;  provided,  that  no 
such  claim  shall  be  filed  until  after  the  arrival  of  the  ship- 
ment or  some  part  thereof  at  the  point  of  destination  or 
until  after  the  lapse  of  a  reasonable  time  for  the  arrival 
thereof.  In  every  case  such  common  carrier  shall  be  liable 
for  the  amount  of  such  loss  or  damage,  together  with  legal 
interest  thereon,  from  the  date  of  the  filing  of  the  claim 
therefor  until  the  payment  thereof. 
Be  it  further  enacted,  etc.: 

Penalty.  §  2.  That  in  case  of  failure  of  such  common 
carrier  to  adjust  and  pay  such  claim  within  the'  periods 
respectively  herein  prescribed,  such  failure  shall  subject 
such  common  carrier  so  failing  to  a  penalty  of  $50  for 
each  and  every  failure  to  be  recovered  by  any  consignee  or 
consignees  aggrieved  in  any  court  of  competent  jurisdic- 
tion; provided,  that  unless  said  consignee  or  consignees  re- 
cover in  such  action  the  full  amount  claimed,  no  penalty 
shall  be  recovered,  but  only  the  actual  amount  of  loss  or 
damage  with  legal  interest  as  aforesaid;  provided,  further, 
that  no  common  carrier  shall  be  liable  under  this  Act  for 
freight  or  property  which  never  came  into  its  possession. 
Be  it  further  enacted,  etc.: 

Repeal.  §  3.  That  this  Act  shall  go  into  effect  from 
date  of  its  promulgation,  and  that  all  laws  or  parts  of  laws 
in  conflict  therewith  be  and  the  same  are  hereby  repealed. 

ACT  No.  98  OF  1894. 

SEPABATE    ACCOMMODATIONS    FOB    WHITES    AND    KEGROES    IN    DE- 
POTS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Separate  waiting  rooms  required.  §  1.  That  all  rail- 
way  companies   carrying   passengers   in   this    State   shall, 


upon  the  construction  or  renewal  of  depots  at  regular 
stations,  provide  equal  but  separate  waiting  rooms  in  their 
depots  for  the  white  and  colored  races,  by  providing  two 
waiting  rooms  in  each  depot,  provided  that  the  require- 
ments of  this  Act  shall  be  fully  complied  with  by  the 
first  day  of  January,  A.  0.  1896,  no  person  or  persons 
shall  be  permitted  to  occupy  seats  or  remain  in  waiting 
rooms  other  than  the  one  assigned  to  them  on  account 
of  the  race  to  which  they  belong. 

Be  it  further  enacted,  etc.: 

Races  to  keep  apart.  §  2.  That  all  depot  agents  shall 
have  power  and  are  hereby  required  to  assign  each  per- 
son entering  the  depots  to  the  waiting  room  used  for 
the  race  to  which  such  passenger  belongs,  and  any  per- 
son insisting  on  going  into  a  waiting  room  to  which  by 
race  he  or  she  does  not  belong  shall  be  liable  to  a  fine 
of  $25  or  in  lieu  thereof  to  imprisonment  for  a  period 
of  not  more  than  30  days  in  the  parish  prison;  and  any 
depot  agent  or  his  subordinate  knowingly  insisting  on 
assigning  any  person  to  a  waiting  room  other  than  the 
one  set  aside  for  the  race  to  which  said  person  belorgs 
shall  be  liable  to  a  fine  of  $25  or  in  lieu  thereof  to  im- 
prisonment for  «ot  more  than  30  days  in  the  parish 
prison;  and  shall  any  person  using  the  depots  of  any 
railway  companies  refuse  to  occupy  the  waiting  room  to 
which  he  or  she  is  assigned  by  the  depot  agents  or  thoir 
subordinates,  or  such  railway  companies,  said  agents  or 
subordinates  shall  have  power  to  eject  such  person  fnm 
said  depot  and  for  such  ejectment  neither  he  nor  the 
railway  company,  which  said  agent  or  subordinate  rep  'e- 
sents,  shall  be  liable  for  damages  in  any  of  the  com  ts 
of  this  State. 
Be  it  further  enacted,  etc.: 

Penalty.  §  3.  That  all  depot  agents  and  their  suirfi  i' 
dinates  that  shall  neglect  or  refuse  to  comply  with  t  le 
provisions  and  requirements  of  this  Act  shall  be  deem  !d 
guilty  of  a  misdemeanor  and  shall,  upon  conviction  befc  re 
any  court  of  competent  jurisdiction,  be  fined  not  U  ^s 
than  $25  nor  more  than  $50  for  each  offense.  All  rail- 
road companies  carrying  passengers  in  this  State  sh:  11 
keep  this  law  posted  in  a  conspicuous  place  in  such  dep-  it, 
provided  that  nothing  in  this  Act  shall  be  construed  is 
applying  to  nurses  attending  children  of  the  other  ra<  e, 
or  sheriffs  having  prisoners  in  charge. 
Be  it  further  enacted,  etc.: 

Repeal.  §  4.  That  all  laws  or  parts  of  laws  contra  y 
to  or  inconsistent  with  the  provisions  of  this  Act  be  a  id 
the  same  are  hereby  repealed,  and  that  this  Act  sh  II 
take  effect  from  the  first  day  of  September,  A.  D.  189i 


)U118 


ACT  No.  Ill  OF  1890. 

SEPARATE  COACHES   FOR  WHITE  AND  NEGRO  BACKS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  £<  i^^ 

isiana : 

Separate  accommodations  on  trains  required.  §  1.  Tt  at 
all  railway  companies  carrying  passengers  in  th<  ir 
coaches  in  this  State  shall  provide  equal  but  sepan  ta 
accommodations  for  the  white  and  colored  races,  )y 
providing  two  or  more  passenger  coaches  for  each  pas- 
senger train,  or  by  dividing  the  passenger  coaches  )y 
a  partition  so  as  to  secure  separate  accommodatior  s; 
provided,  that  this  section  shall  not  be  construed  to  i  p- 
ply  to  street  railroads.  No  person  or  persons  shall  be 
permitted  to  occupy  seats  in  coaches  other  than  ttie 
ones  assigned  to  them  on  account  of  the  race  they_)ej 
long  to. 
Be  it  further  enacted,  etc.: 

Assignment  of  persons  to  coaches  provided  for  th'.ir 
race.  §  2.  That  the  officers  of  such  passenger  trains  shill 
have  power  and  are  hereby  required  to  assign  each  pis- 
senger  to  the  coach  or  compartment  used  for  the  race  to 
which  such  passenger  belongs;  any  passenger  insisting 
on  going  into  a  coach  or  compartment  to  which  by  rf  ce 
he  does  not  belong,  shall  be  liable  to  a  fine  of  $25  or  in 
lieu  thereof  to  imprisonment  for  a  period  of  not  more 
than  30  days  in  the  parish  prison,  and  any  officer  of  any 
railroad  Insisting  on  assigning  a  passenger  to  a  cos.ch 
or  compartment  other  than  the  one  set  aside  for  the  race 
to  which  said  passenger  belongs,  shall  be  liable  to  a  fine 
of  $25  or  In  lieu  thereof  to  imprisonment  for  a  period  of 
not  more  than  20  days  in  the  parish  prison;  and  should 


Public  Service  Laws 


603 


any  passenger  refuse  to  occupy  the  coach  or  compart- 
ment to  which  he  or  she  is  assigned  by  the  officer  of 
such  railway,  said  officer  shall  have  power  to  refuse  to 
carry  such  passenger  on  his  train,  and  for  such  refusal 
neither  he  nor  the  railway  company  which  he  repre-  ' 
sents  shall  be  liable  for  damages  in  any  of  the  courts 
of  this  State. 
Be  it  further  enacted,  etc.: 

Violations  of  the  Act — Penalty.  §  3.  That  all  officers 
and  directors  of  railway  companies  that  shall  refuse  or 
neglect  to  comply  with  the  provisions  and  requirements 
of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  upon  conviction  before  any  court  of  competent 
jurisdiction  be  fined  not  less  than  $100  nor  more  than 
$500,  and  any  conductor  or  other  employes  of  such  pas- 
senger train,  having  charge  of  the  same,  who  shall  refuse 
or  neglect  to  carry  out  the  provisions  of  this  Act  shall 
on  conviction  be  fined  not  less  than  $25  nor  more  than 
$50  for  each  offense,  and  all  railroad  corporations  carrying 
passengers  in  this  State  other  than  street  railroads  shall 
keep  this  law  posted  up  in  a  conspicuous  place  in  each 
passenger  coach  and  ticket  office,  providing  that  nothing 
in  this  Act  shall  be  construed  as  applying  to  nurses 
attending  children  of  the  other  race,  or  prisoners  in 
charge  of  sheriffs  or  their  deputies,  or  other  officers  (as 
amended  by  Act  No.  177,  1894,  p.  220). 
Be  it  further  enacted,  etc.: 

Repeal.  §  4.  That  all  laws  or  parts  of  laws  contrary 
to  or  inconsistent  with  the  provisions  of  this  Act  be  and 
the  same  are  hereby  repealed,  and  that  this  Act  shall 
take  effect  and  be  in  force  90  days  after  its  promulga- 
tion. 

ACT  No.  124  OF  1890. 

SALE  OF  UNCLAIMED  FREIGHT. 

Be  it  enacted  iy  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Hoiv  sales  must  be  made.  §  1.  That  when  any  person, 
firm,  company  or  corporation,  exercising  the  right  of 
transportation  for  hire  in  this  State,  shall  transport  to 
the  place  designated  for  its  delivery,  any  property,  and 
the  same  cannot  be  delivered  or  has  not  been  called  for 
within  six  months  from  and  after  the  arrival  of  such 
property  at  the  place  of  delivery,  then  and  in  that  case 
it  shall  be  lawful  for  such  carrier  to  sell  for  cash  said 
property  at  public  auction,  at  such  place  as  may  bei 
designated  by  such  carrier,  after  having  duly  advertised 
the  time,  place  and  terms  of  such  sale  for  ten  days  in 
the  manner  required  for  judicial  advertisements  of  the 
sale  of  movables;  provided,  that  separate  advertisement 
of  each  article  to  be  sold  shall  not  be  required,  but  one 
general  advertisement  shall  be  sufficient  to  authorize 
the  sale  of  all  freight  as  hereinabove  provided. 
Be  it  further  enacted,  etc.: 

Sale  of  perishables.  §  2.  That  if  such  freight  be  per? 
ishable  in  its  nature,  it  shall  be  lawful  for  such  carrier, 
whenever  the  same  cannot  be  delivered  according  to  the 
terms  upon  which  said  carrier  has  agreed  to  carry  it, 
to  sell  the  same  for  cash,  at  public  auction  by  a  duly 
licensed  auctioneer,  after  such  advertisement  as  the 
exigencies  of  the  case  may  permit,  and  after  appraisal 
by  two  experts  to  be  appointed  and  sworn  by  such  auc- 
tioneer. 

Be  it  further  enacted,  etc.: 

Proceeds  of  sale,  disposition  of.  §  3.  That  the  aggre- 
gate proceeds  of  the  sale  of  unclaimed  freight  under  such 
advertisement  shall  be  applied,  in  the  first  place,  to  the 
payment  of  charges  and  expenses;  and  the  residue,  if 
any,  shall  be  retained  by  the  carrier  for  the  period  of 
six  months  from  the  date  of  sale,  and  if  during  said 
period  the  consignees  or  owners  of  any  of  the  property 
sold  shall  present  themselves,  they  shall  be  entitled  to 
receive  the  proceeds  of  the  sale  of  their  property,  less 
the  deductions  hereinabove  authorized  to  be  made,  and 
the  balance,  if  any  remaining  unclaimed  after  the  expira- 
tion of  six  months,  as  aforesaid,  shall  be  paid  into  the 
treasury  of  the  State  of  Louisiana  to  the  credit  of  the 
general  school  fund  of  the  State  of  Louisiana,  to  be  dis- 
bursed in  such  manner  as  other  money  to  the  credit  of 
the  general  school  fund  of  the  State  of  Louisiana,  and 
the  carrier  shall  be  released  from  all  liability  on  account 
of  the  property  sold. 


Be  it  further  enacted,  etc.: 

§  4.  That  all  laws  or  parts  of  laws  contrary  to  or 
inconsistent  with  the  provisions  of  this  Act  be  and  the 
same  are  hereby  repealed. 

ACT  No.  37  OP  1910. 

PLACING    OBSTRUCTIONS    ON    TRACKS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

§  1.  That  Act  No.  77  of  the  Acts  of  1886,  amending 
and  re-enacting  §  918  of  the  Revised  Statutes  of  1870,  be 
amended  and  re-enacted  so  as  to  read  as  follows:  "Who- 
ever shall  place  any  obstruction  upon  any  railway 
within  this  State  with  intent  to  hinder,  obstruct,  impede 
or  endanger  the  free  passing  thereon,  or  with  intent,  to 
injure  the  said  railway  or  the  passengers,  or  engine  or 
cars  passing  thereon,  or  whoever  shall  take  up,  or  loosen 
or  remove  any  part  of  the  superstructure  of  any  railway, 
with  intent  or  design,  or  whoever  shall  displace  any 
switch  upon  any  railway  Vith  intent  or  design,  shall,  on 
conviction  thereof,  suffer  death;  provided,  the  prosecution 
and  punishment  of  all  offenses  committed  previous  to  the 
passage  of  this  Act  shall  be  conducted  in  conformity 
with  the  laws  in  force  previous  to  the  passage  of  this 
Act." 

Be  it  further  enacted,  etc.: 

Repeal,  etc.  §  2.  That  this  Act  shall  take  effect  after 
its  promulgation,  and  that  all  laws  or  parts  of  laws  in  con- 
flict with  its  provisions  be  and  the  same  are  hereby  re- 
pealed. 

ACT  No.  122  OF  1910. 

SHOWING    FILING    TIME    ON    TELEGRAMS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

That  every  person,  firm,  corporation  or  association  en- 
gaged in  the  business  of  transmitting  communications  by 
telegraph  in  the  State  of  Louisiana  and  charging  tolls 
therefor,  shall,  without  extra  charge,  cause  to  appear 
plainly  upon  the  addressee's  copy  of  every  telegram  or- 
iginating at  and  destined  for  a  point  within  the  State  of 
Louisiana,  the  hour  and  minute  of  the  day  on  which  it  was 
filed  for  transmission  and  the  hour  and  minute  of  the  day 
of  its  receipt  at  its  destination. 
Be  it  further  enacted,  etc.: 

That  any  person,  firm,  corporation  or  association  fail- 
ing to  comply  with  the  provisions  of  this  Act  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be 
fined  not  less  than  $25  nor  more  than  $100  for  each  viola- 
tion hereof. 
Be  it  further  enacted,  etc.: 

That  this  Act  shall  take  effect  from  and  after  its  pas- 
sage and  promulgation. 

ACT  No.  131  OF  1910. 

SESSIONS    OF    THE    COMMISSION    AT    NEW    ORLEANS    AND    SHREVE- 

PORT. 

CONCURRENT  RESOLUTION. 

Whereas  many  matters  of  importance  necessary  to  be 
brought  before  the  railroad  commission  of  Louisiana,  and 
requiring  its  consideration  and  attention,  arise  and  grow 
out  of  the  business  of  the  city  and  port  of  New  Orleans, 
and  the  city  of  Shreveport;  and. 

Whereas  regular  hearings  or  sessions  of  said  railroad 
Commission  in  the  said  cities  of  New  Orleans  and  Shreve- 
port would  be  of  great  benefit  to  said  cities  and  the  State 
at  large. 

Be  it  resolved  by  the  house  of  representatives  of  the 
State  of  Louisiana,  and  the  senate  concurring.  That  It  is 
the  sense  of  the  legislature  of  the  State  of  Louisiana  that 
the  railroad  commission  of  Louisiana  be  requested  to  hold 
'regular  hearings  or  sessions  in  the  city  of  New  Orleans 
four  times  each  year  and.  at  the  city  of  Shreveport 
three  times  a  year,  said  session  in  the  city  of  New  Orleans 
to  begin  on  the  first  Monday  in  January,  April,  July  and 
October,  in  the  city  of  Shreveport  said  sessions  to  be  held 
the  first  Monday  in  February,  May  and  November,  and  to 
continue  until  all  matters  brought  before  said  commission 
are  disposed  of,  provided,  that  controversies  between  New 
Orleans  and  Shreveport  on  opposite  sides,  such  controver- 


604 


National  Association  op  Railway  Commissioners 


I 


sles  to  be  heard  by  the  Railroad  Commission  of  Louisiana 
at  its  domicile  at  Baton  Rouge,  Louisiana. 

Be  It  further  resolved,  That  a  copy  of  this  resolution 
be  forwarded  to  said  railroad  commission. 

ACT  No.  157  OF  1910. 

CBOSSINO   OP  PtTBLIO  BOASS   AND   LANDS    BY  BAILB0AO8. 

Be  it  enacted  ty  the  general  assembly  of  the  State  of  Lou- 
isiana: 

i  1.  That  §  691  of  the  Revised  Statutes  of  the  State 
of  Louisiana  be  amended  and  re-enacted  so  as  to  read  as 
follows: 

In  all  cases  where  railroads,  tramroads,  dirt  or  plank 
roads  or  canals  shall  cross  any  highway  the  corporation 
shall  so  construct  the  works  as  not  to  hinder,  impede  or 
obstruct  its  safe  and  convenient  use;  and  in  all  cases 
where  railroads,  tramroads,  dirt  or  plank  roads  or  canals 
shall  be  constructed  or  dug  across  any  plantation  or  land 
In  cultivation,  or  that  may  be  cultivated,  the  corporation 
shall  so  construct  the  work  as  not  to  hinder,  impede  or 
obstruct  the  drainage  of  the  land;  and  if  any  railroad, 
tramroad,  dirt  or  plank  road  shall,,  in  its  course,  cross  any 
tide  waters,  lakes.  Inlets,  rivers  or  streams,  or  other  bodies 
of  water,  the  company  may  erect  for  the  sole  and  exclusive 
use  of  such  railroad,  tramroad,  dirt  or  plank  road,  the 
bridges  required  for  crossing,  but  such  bridges  shall  be  so 
constructed  as  not  to  obstruct  or  unnecessarily  impede  the 
navigation  of  said  waters  or  streams. 
Be  it  further  enacted,  etc.: 

§  2.  That  all  laws  or  parts  of  laws  In  conflict  with  the 
provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

ACT  No.  235  OP  1910. 

NAMING  BAILBOAD  STATIONS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

§  1.  That  power  and  authority  is  hereby  vested  in  the 
railroad  commission  of  Louisiana,  and  it  is  hereby  made 
its  duty  to  govern,  regulate  and  control  the  naming  of  rail- 
road stations  In  the  State  of  Louisiana,  by  adopting,  estab- 
lishing or  changing  the  name  of  any  railroad  flag  station 
or  agency  station  now  in  existence,  or  which  may  hereafter 
be  established  by  any  person,  firm  or  corporation  operating 
a  railroad  in  the  State  of  Louisiana,  or  which  may  be  estab- 
lished by  an  order  of  the  railroad  commission  of  Louisiana. 
Be  it  further  enacted,  etc.: 

§  2.  That  all  laws  or  parts  of  laws  in  conflict  with  this 
Act  be,  and  the  same  are  hereby  repealed. 

ACT  No.  262  OF  1910. 

FALSE  BILLING. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

§  1.  That  any  person  or  any  officer  or  agent  of  any  cor- 
poration or  company  who  shall  deliver  for  transportation 
within  this  State  to  any  common  carrier  or  for  whom  as 
consignor  or  consignee  any  such  carrier  shall  transport 
such  property  between  points  within  this  State,  who  shall 
knowingly  and  wilfully,  by  false  billing,  false  classification, 
false  weighing  false  representation  of  the  contents  of 
packages,  or  false  report  of  weights  or  by  any  other  de- 
vice or  means,  whether  with  or  without  the  consent  or 
connivance  of  the  carrier,  its  agent  or  agents,  obtain  trans- 
portation for  such  property  between  points  in  this  State  at 
less  than  the  regular  rates  then  established  and  In  force  on 
the  line  of  transportation,  shall  be  deemed  guilty  of  fraud, 
which  Is  hereby  declared  to  be  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $100  nor  more  than  $500  or  by  Imprisonment  not  less 
than  30  days  nor  more  than  one  year  or  by  both  such 
punishments  In  the  discretion  of  the  court. 
Be  it  further  enacted,  etc.: 

§  2.  That  all  laws  and  parts  of  laws  In  conflict  with  the 
provisions  of  this  Act,  be  and  the  same  are  hereby  repealed. 

SPECIAL    COUNSEL. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

§  1.  That  the  members  of  the  railroad  commission, 
together  with  the  governor  and  the  attorney-general,  shall 
select  a  special  attorney  for  the  railroad  commission  of 
Louisiana  to  assist  litigants  in  prosecuting  cases  before  the 
railroad  commission  of  Louisiana,  and  to  act  in  conjunc- 
tion with  the  attorney-general  in  prosecuting  and  defending 


cases  before  the  State  and  Federal  Courts,  and  before  the 
Interstate  Commerce  Commission,   in  which    the    railroad 
Commission  of  Louisiana  may  be  an  interested  party. 
Be  it  further  enacted,  etc. : 

§  2.  That  the  special  attorney  provided  for  in  this  Act 
shall  reside  in  Baton  Rouge,  Louisiana,  and  shall  attend  all 
sessions  of  the  railroad  commission  of  Louisiana  unless 
actually  engaged  in  the  trial  of  cases  in  court  at  the  same 
time  as  the  commission  may  be  in  session  or  unless  excused 
from  attending  such  sessions  by  the  commission.  The  said 
special  attorney  shall  give  his  entire  time  to  the  cases  in 
which  the  railroad  commission  of  Louisiana  may  be  a 
party,  except  when  attending  sessions  of  the  said  railroad 
commission;  provided,  that  when  his  services  are  not  re- 
quired by  the  commission  he  may  be  assigned  to  other  work 
by  the  attorney-general,  which  will  In  no  manner  interfere 
with  his  duties  as  special  attorney  to  the  commission. 
Be  it  further  enacted,  etc. : 

§  3.  That  the  special  attorney  provided  for  herein  shall, 
until  otherwise  provided,  receive  a  salary  of  $3,600  per 
year,  payable  monthly  on  his  own  warrant,  and  shall  receive 
his  actual  traveling  expenses  when  traveling  on  business 
for  the  State  or  for  the  railroad  commission. 
Be  it  further  enacted,  etc.: 

§  4.  That  the  provisions  of  this  Act  shall  become  effec- 
tive January  1,  1911,  in  the  event  the  constitutional  amend- 
ment providing  for  two  assistants  to  the  attorn ey-generil 
fails  to  be  adopted,  and  in  the  event  of  the  constitutlon.il 
amendment  providing  for  two  assistants  to  the  attornes'- 
general  being  adopted,  one  of  the  said  assistants  shall  1  e 
assigned  to  the  cases  of  the  railroad  commission,  and  shall 
attend  the  sessions  of  the  railroad  commission  and  assliit 
parties  complainant  before  the  commission.  i   " 

Be  it  further  enacted,  etc.: 

§  5.  That  all  laws  or  parts  of  laws  in  conflict  herewiH 
are  hereby  repealed. 

ACT  No.  267  OF  1910. 

CBOSSING    OF    MAIN    LINE,    SIDE    TRACKS,    ETC.,    OF    RAILROADS  , 
INDUSTRIAL    SPURS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  L& 
isiana: 
§  1.  That  whenever  any  firm,  corporation  or  indivldu;  1 
owning  or  operating  a  railroad  In  the  State  of  Louisiana  , 
desires  to  extend,  construct,  maintain  and  operate  an  i:  - 
dustrial  switch  track  or  spur  track  across  the  side  track ;, 
switch  tracks,  spur  tracks  or  main  line  of  any  other  rail- 
road operated  in  the  State  of  Louisiana,  it  shall  have  tla 
right  and  power  to  intersect  and  cross,  with  such  industrii  1 
switch  track  or  spur  track,  the  main  line,  side  track ;, 
switch  tracks  or  spur  tracks  of  the  railroad  which  It  d  > 
sires  to  cross,  and  to  expropriate  such  land  and  othc  r 
property,  including  the  land  and  property  of  the  railroad  t 
desires  to  cross,  as  may  be  necessary  for  the  purpose,  ii 
the  manner  provided  by  the  general  expropriation  laws  ( f 
the  State  of  Louisiana. 


SPECIAL   COUNSEL  FOE  COMMISSION — 1910. 


^1 


Be  it  enacted  by  the  general  assembly  of  the  State  of 
isiana : 

Authorizing  attorney-general  to  employ  special  counS'l 
in  suit  against  Texas  railroad  commission.  §1.  That  tte 
attorney-general  of  the  State  of  Louisiana  shall  selec;, 
with  the  consent  and  approval  of  the  governor,  such  legi.l 
counsel  as  he  shall  deem  necessary  to  aid  and  assist  hlia 
in  the  proper  prosecution  of  the  suit  or  suits  now  pending 
or  to  be  filed  with  the  Interstate  Commerce  Commission  (>f 
the  United  States  or  in  the  Federal  Courts  of  the  United 
States,  as  authorized  under  Act  No.  195  of  the  general  as- 
sembly of  the  State  of  Louisiana  of  1908;  provided,  that  the 
employment  of  such  legal  counsel  authorized  by  this  Ai:t 
shall  not  incur  an  indebtedness  to  exceed  the  sum 
$35,000.     Approved  July  6,  1910. 


4 


Be  it  further  enacted,  etc. : 

§2.  That  whenever  the  owner  of  any  manufacturlr  g 
establishment,  industrial  plant,  warehouse,  or  when  tie 
governing  authority  of  any  municipality  shall  desire  to 
have  constructed  an  industrial  switch  as  provided  for  In 
the  first  section  of  this  Act,  such  owner  of  such  manufac- 
turing establishment  or  industrial  plant,  warehouse  or  the 
governing  authority  of  any  municipality,  upon  the  failure 
or  refusal  of  the  railroad  company  having  the  right  to  build 
such   switch   to  build   same   when   requested,    then    such 


Public  Service  Laws 


605 


owner  or  governing  authority  sliall  have  the  right  to  apply- 
to  the  railroad  commission  of  Louisiana  and  such  commis- 
sion shall  have  full  authority  to  hear  and  determine  the 
matter  and  require  such  railroad  company  to  construct 
such  industrial  switch  or  spur  tracks. 
Be  it  further  enacted,  etc.: 

§  3.  That  the  provisions  of  this  Act  shall  not  apply 
to  cities  of  more  than  100,000  population. 

Be  it  further  enacted,  etc.: 

§  4.  That  all  laws  or  parts  of  laws  in  conflict  here- 
with be  and  are  repealed. 

An  Act  placing  pipe  lines  under  control  of  the  commis- 
sion. 

Promulgated  July  7,  1906.     In  effect  July  28,  1906. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

Pipe  lines — Common  carriers.  §  1.  That  all  pipe  lines, 
through  which  gases,  oil  or  other  liquids  are  conveyed  from 
one  point  in  the  State  to  another  point  in  the  State,  for  a 
consideration,  are  hereby  declared  to  be  common  carriers, 
and  are  placed  under  the  control  of  and  subject  to  regu- 
lation by  the  railroad  commission  of  Louisiana. 

Be  it  further  enacted,  etc.: 

Power  and  duty.  §  2.  That  the  power  and  authority 
is  hereby  vested  in  the  railroad  commission  of  Louisiana, 
and  it  is  hereby  made  its  duty  to  adopt,  change  or  make 
reasonable  and  just  charges  or  regulations  to  govern  and 
regulate  all  pipe  lines  in  this  State,  through  which  gases 
or  other  liquids  are  conveyed  from  one  point  in  the  State 
to  another  point  in  the  State  for  a  consideration. 

Be  it  further  enacted,  etc.: 

§  3.  That  all  laws  or  parts  of  laws  inconsistent  or  In 
conflict  with  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  June  29,  1906. 
An  Act  authorizing  the  railroad  commission  of  Louisiana 
to  appear  before  the  Interstate  Commerce  Commission. 

Promulgated  July  19,  1906.    In  effect  August  9,  1908. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

§  1.  That  power  and  authority  is  hereby  vested  in  the 
railroad  commission  of  Louisiana,  and  it  is  hereby  made  its 
duty  to  appear,  through  any  of  its  commissioners,  or  its 
secretary,  or  by  a  duly  authorized  attorney,  before  the  In- 
terstate Commerce  Commission,  at  Washington,  D.  C,  or 
at  any  other  place  where  the  said  Interstate  Commerce 
Commission  might  be  holding  a  session,  whenever,  in  the 
judgment  of  the  said  railroad  commission  of  Louisiana,  the 
interests  of  shippers  or  consignees  in  the  State  of  Louis- 
iana may  require  it. 
Be  it  further  enacted,  etc.: 

§  2.  That  all  laws  or  parts  of  laws  in  conflict  with  this 
act  be   and  the  same  are  hereby  repealed. 

Approved  July  11,  1906. 

MORTGAGES  BY  RAILROAD  CORPORATIONS. 
ACT  No.  23  OF  1898,  p.  25. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana : 

Railroad  corporations  authorized  to  mortgage  property 
and  franchises,  etc.  §  1.  That  any  railroad  corporation 
doing  business,  or  owning  property  in  this  State,  is  hereby 
authorized  to  mortgage  its  property  and  franchises, 
whether  then  owned  or  thereafter  to  be  acquired,  in  whole 
or  in  part,  to  secure  bonds  issued  by  it  to  refund  or  pay 
Its  indebtedness,  or  to  improve  or  develop  its  properties, 
or  for  any  purpose  authorized  by  its  incorporation;  such 
bonds  to  be  issued  in  such  amounts,  to  run  for  such  length 
of  time,  to  be  payable  within  or  without  this  State,  and 
to  bear  such  rate  of  Interest,  not  to  exceed  the  legal  rate 
at  the  pldce  of  payment,  as  the  company  issuing  same 
shall  determine. 

Be  it  further  enacted,  etc.: 

Issue  of  bonds  secured  by  w.ortgage — Purposes  for  which 
this  may  be  done.  §  2.  That  any  railroad  company  doing 
business,  or  owning  property  in  this  State,  is  hereby  au- 
thorized to  mortgage  its  property  in  franchises,  whether 
then  owned,  or  thereafter  to  be  acquired,  in  whole  or  in 
part,  to  secure  bonds  issued  by  any  other  railroad  corpora- 
tion of  this  or  any  other  State  or  States;    such  bonds  to 


be  issued  to  refund  or  secure  the  means  to  pay,  or  the 
proceeds  of  which  shall  be,  or  have  been,  used  to  pay  the 
indebtedness  of  such  mortgaged  corporation,  or  to  improve 
or  develop  its  property,  or  for  any  purpose  authorized  by 
its  incorporation,  and  may  be  issued  in  such  amounts,  to 
run  for  such  length  of  time,  to  be  payable  within  or  with- 
out this  State,  and  to  bear  such  rate  of  interest,  not  to 
exceed  the  legal  rate  at  the  place  of  payment,  as  may  be 
determined  by  such  corporation;  and  that  all  mortgages 
heretofore  executed  by  any  railroad  corporation,  of  its 
property  and  franchises  in  this  State,  then  owned  or  there- 
after acquired,  in  whole  or  in  part,  to  secure  bonds  issued  by 
another  railroad  company  of  this  or  any  other  State  or 
States,  which  bonds  are  to  be,  or  have  been  issued  to  re- 
fund or  secure  the  means  to  pay  the  indebtedness  of  such 
mortgaged  corporation  or  to  improve  or  develop  Its  prop- 
erties, or  for  any  purpose  authorize  by  its  incorporation, 
are  hereby  ratified  and  approved  and  declared  to  be  legal. 
Be  it  further  enacted,  etc.: 

Repealing  clause.  §  3.  That  all  laws  or  parts  of  laws 
in  conflict  with  this  act,  are  hereby  repealed  and  this  act 
shall  take  effect  from  and  after  Its  passage. 

TRANSFER    OP    FRANCHISES    TO    PURCHASEIRS    AT 
FORECLOSURE  SALES. 

R.  S.  3063.    ACT  No.  38  OF  1877,  p.  48. 

Rights  conferred  on  purchasers  at  foreclosure  sales. 
§  1.  That  any  railroad  company,  chartered  by  this  State, 
or  any  other  State,  and  whose  road  lies  in  whole,  or  In 
part,  in  this  State,  which  has  heretofore,  or  may  here- 
after, mortgage  its  franchises,  roadbed,  superstructure  and 
other  property,  and  said  mortgage  shall  afterwards  be  fore- 
closed by  any  court  of  this  State,  or  the  United  States,  hav- 
ing jurisdiction  thereof,  the  purchasers  at  said  sale  shall 
have  the  same  right  to  operate  said  railroads  in  this  State, 
as  the  incorporated  company  who  had  executed  said  mort- 
gage, and  said  purchasers  thereof  shall  be  entitled  to  and 
be  invested  with  all  the  rights,  franchises,  privileges  and 
Immunities  appertaining  to  the  property,  or  franchises,  or 
both,  so  sold,  in  as  full  and  complete  a  manner  as  the 
company  is,  or  was,  by  virtue  of  Its  charter  of  Incorpora- 
tion and  amendments  thereto,  or  by  virtue  of  any  other 
law  or  laws  of  this  State. 

Right  of  purchasers  to  incorporate,  issue  stock,  etc.  §  2. 
That  the  purchasers  of  said  railroad.  Its  property,  fran- 
chises, etc.,  as  aforesaid,  may  fix  the  amount  of  capital 
stock  representing  the  property  bought,  divide  the  same 
into  shares  of  one  hundred  dollars  each,  and  the  holders  of 
such  stock  may  meet  together,  adopt  a  name  for  the  com- 
pany, and  organize  by  the  election  of  a  board  of  directors 
of  such  number  as  they  may  see  fit,  not  less  than  six— one 
of  them  shall  reside  in  this  State  (each  share  of  said  stock 
being  entitled  to  one  vote).  And  said  board  of  directors 
may  elect  a  president  and  such  other  officers  as  they  may 
deem  expedient  for  the  proper  management  of  said  prop- 
erty, fix  their  duties,  terms  of  office  and  compensation,  and 
adopt  by-laws  not  inconsistent  with  the  laws  of  this  State. 

Steps  for  organization — Rights  conferred,  etc.  §  3.  That 
upon  an  organization  being  effected,  as  aforesaid,  by  the 
election  of  a  board  of  directors  and  upon  said  board  of 
directors  filing  with  the  secretary  of  State  of  this  State  a 
statement,  signed  by  said  directors,  showing  the  name  of 
said  corporation,  amount  of  capital  stock,  shares  Into 
which  the  same  Is  divided,  number  and  residence  of  board 
of  directors,  where  the  road  Is  situated  and  the  name  or 
names  by  which  it  was  chartered  and  has  heretofore  been 
known,  the  secretary  of  State  shall  certify  the  fact  of 
such  filing,  and  the  said  company,  upon  so  filing  said 
statement  of  its  board  of  directors  aforesaid,  shall  be  a 
body  corporate,  under  the  name  chosen  as  aforesaid,  with 
all  the  rights,  powers,  privileges,  immunities  and  franchises 
granted  to  the  company  or  companies  (whose  road  and 
franchises  were  sold  and  bought  as  aforesaid),  and  which 
had  been  granted  to  said  company  or  companies,  by  the  act 
of  its  incorporation,  or  acts  amendatory  thereof,  in  as  fun 
and  perfect  a  manner  as  if  the  new  company,  chartered  un- 
der the  provisions  of  this  act,  was  granted  a  charter  of 
incorporation  in  the  very  words  of  this  act  or  acts  of  in- 
corporation under  which  the  company  whose  road  was  sold 
existed,  and  such  company,  so  formed  under  this  act,  may 
borrow  money  for  the  purposes  of  its  incorporation,  issue 
its  bonds  and  execute  a  mortgage  or  mortgages  on  all  or 


606 


National  Association  of  Eailway  Commissionehs 


any  of  its  rights,  franchises,  privileges,  immunities  or 
property  to  secure  the  same. 

Domicile  of  corporation — Service  of  Process.  §  4.  That 
the  principal  office  of  said  company,  formed  under  this 
Act,  and  branch  offices,  may  be  established  at  such  place 
or  places  in  or  out  of  this  State,  as  the  board  of  directors 
may  determine,  for  the  convenient  transaction  of  busi- 
ness and  meetings  there  held,  and  resolutions  adopted  shall 
be  lawful  and  binding;  provided,  that  an  office  be  main- 
tained and  preserved  in  the  State  of  Louisiana,  where  cita- 
tions may  be  served,  and  that  said  company  be  always  rep- 
resented at  said  office  by  an  officer,  agent  or  employe,  upon 
whom  service  of  citation  can  be  made  in  accordance  with 
the  laws  of  this  State. 

Rights  of  mortgagees,  etc.,  preserved.  §  5.  That  noth- 
ing in  this  Act  contained  shall  be  so  construed  as  to  in- 
terfere in  any  manner  with  the  valid  prior  mortgage  liens. 
If  any,  upon  the  property,  rights,  franchises  or  privileges  of 
the  road  so  sold  as  aforesaid. 

VENDOR'S  LIEN  ON  EQUIPMENT,  ETC. 

R.  S.  3063.     ACT  No.  Ill  OP  1894,  p.  149. 

Parties  may  agree  that  possession  shall  not  vest  title  in 
vendor.  §  1.  That  in  any  contract  for  the  sale  of  railroad 
or  street  railway  equipment,  or  rolling  stock,  it  shall  be 
lawful  to  agree  that  the  title  to  the  property  sold  or 
contracted  to  be  sold,  although  possession  thereof  may 
be  delivered  immediately  or  at  any  time  subsequently, 
shall  not  vest  in  the  purchaser  until  the  price  be  fully 
paid,  or  that  the  seller  shall  have  and  retain  against 
any  and  all  persons  a  lien  and  privilege  thereon  for 
the  unpaid  purchase  money.  And  in  any  contract  for 
the  leasing  or  hiring  of  such  property,  it  shall  be  lawful 
to  stipulate  for  a  conditional  sale  thereof  after  termina- 
tion of  such  contract;  and  that  the  rentals,  or  amount 
to  be  received  under  such  contracts,  may,  as  pairJ,  be 
applied  and  treated  as  purchase  money,  and  that  the 
title  to  the  property  shall  not  vest  in  the  lessee  or  bailee 
until  the  purchase  price  shall  have  been  paid  in  full, 
and  until  the  terms  of  the  contract  shall  have  been 
fully  performed,  notwithstanding  delivery  to  and  pos- 
session by  such  vendee,  lessee  or  bailee;  provided,  that 
no  such  contract  shall  be  valid  against  any  subsequent 
judgment  creditor,  or  any  subsequent  bona  fide  pur- 
chaser for  value  and  without  notice,  unless: 

1.  The  same  shall  be  evidenced  by  an  instrument 
executed  by  the  parties  and  duly  acknowledged  by  the 
vendee,  lessee  or  bailee,  as  the  case  may  be,  or  duly 
proved  before  some  person  authorized  by  law  to  take 
acknowledgment  of  deeds,  and  in  the  same  manner  as 
deeds  are  acknowledged  or  proved. 

2.  Such  instrument  shall  be  filed  for  record  in  the 
office  of  the  recorder  of  the  parish  of  East  Baton  Rouge, 
in  a  book  to  be  kept  by  him  for  the  purpose,  to  be  called 
Railroad  Conditicnal  Sales  Book,  if  the  vendee,  lessee 
or  bailee  therein  is  a  railroad  or  railway  company  whose 
line  is  situated  only  in  one  parish;  and,  if  such  vendee, 
lessee  or  bailee  is  a  railroad  or  railway  company  whose 
line  is  situated  only  in  one  parish,  then  in  the  office  of 
the  recorder  of  the  parish  wherein  such  railroad  or 
railway  is  situated,  in  the  ordinary  mortgage  book. 

3.  Each  locomotive  engine  or  cars  so  sold,  leased  or 
hired,  or  contracted  to  be  sold,  leased  or  hired,  as  afore- 
said, shall  have  the  name  of  the  vendor,  lessor  or  bailor 
plainly  marked  on  each  side  thereof,  followed  by  the 
word  owner  or  lessor,  or  bailor,  as  the  case  may  be. 

Effect  of  this  Act  on  prior  contracts,  etc.  §  2.  That  this 
Act  shall  not  be  held  to  invalidate  or  affect  in  any  way 
any  contract  heretofore  made  of  the  kind  referred  to 
In  the  first  section  hereof,  and  any  such  contract  here- 
tofore made  may,  upon  compliance  with  the  provisions 
of  this  Act,  be  recorded  as  herein  provided. 

Non-payment,  etc.,  gives  vendor  right  to  take  possession. 
§  3.  That  in  case  of  a  failure  on  the  part  of  any  vendee, 
lessee  or  bailee  to  make  the  payments,  or  perform  the 
covenants  in  any  such  contract  contained,  it  shall  be 
lawful  fcr  the  lessor,  vendor  or  bailor,  or  his  or  Its 
assignee,  to  retake  the  property  in  accordance  with  the 
contract;  and  in  case  of  such  retaking  the  vendee,  lessee 
or  bailee  or  his  or  its  assignee  shall  have  no  right  of 
redemption,   and   all   payments   made   under   such   a   con- 


tract shall  be  forfeited  to  the  vendor,  lessor  or  bailor, 
or  the  party  to  whcm  they  may  have  been  made. 

Proceedings  on  payment  of  debt.  §  4.  That  on  payment 
in  full  of  the  purchase  money,  and  the  performance  of 
the  terms  and  conditions  stipulated  in  any  such  contract, 
a  declaration  in  writing  to  that  effect  may  be  made  by 
the  vendor,  lessor  or  bailor,  or  his  or  its  assignee,  which 
declaration  may  be  made  on  the  margin  of  the  record 
of  the  contract,  duly  attested,  or  it  may  be  made  by  a 
separate  instrument,  to  be  acknowledged  by  the  vendor, 
lessor  or  bailor,  or  his  or  its  assignees  and  recorded  as 
aforesaid. 

Repealing  clause.  §  5.  That  all  laws  or  parts  of  laws 
in  conflict  herewith  be,  and  the  same  are  hereby,  re- 
pealed. 

CONSOLIDATION   OF   CONNECTING,    ETC.,   RAILROAD 

COMPANIES. 

ACT  No.  39  OF  1877,  p.  50. 

Companies  ichich  may  consolidate,  and  proceedings  to 
effect  consolidation.  §  1.  That  every  railroad  corporation 
in  this  State,  whether  created  under  a  general  or  a 
special  law,  or  existing  by  virtue  of  a  charter  or  law 
of  this  or  any  other  State,  and  authorized  to  reman 
and  operate  a  railroad  within  this  State,  shall  have  the 
right  and  power  to  consolidate  itself  with  any  othor 
railroad  corporation  of  this  or  any  other  State  whose 
road  shall  connect  with  or  intersect  the  road  of  su(  h 
railroad  cori)oration,  or  any  branch  thereof,  upon  su<  h 
terms  and  conditions,  and  under  such  corporate  name  us 
shall  be  agreed  upon  in  writing  between  such  corpor  i- 
tions  respectively;  provided,  that  nothing  herein  co  i- 
tained  shall  affect  or  impair  in  any  way  any  mortgage, 
right,  lien  or  claim  of  the  State  of  Louisiana,  or  tl  e 
rights  of  any  creditors  of  such  corporations,  and  th  it 
no  such  consolidation  shall  be  consummated  or  coi  i- 
pleted  until  it  and  the  terms  and  conditions  thereof 
shall  have  been  approved  by  a  majority,  or  such  a 
number  as  may  be  required  by  the  original  charters  if 
stockholders  of  such  consolidating  companies  respective!;  ; 
and  provided,  further,  that  the  agreement  for  such  co  i- 
solidation,  together  with  the  evidence  of  the  approv  il 
thereof  of  such  stockholders,  shall  be  filed  in  the  offlc  e 
of  the  secretary  of  State;  and  provided,  further,  that  lo 
railroad  corporation  shall  consolidate  its  stock,  proper  y 
or  franchises  with  any  other  railroad  owning  a  parall  il 
and   competing   line. 

Rights  of  consolidated  company.  §2.  That  the  sad 
corporation  which  shall  be  so  formed  by  the  consoHd  i- 
tion  of  two  or  more  railroad  corporations,  as  aforesai  1, 
shall  have,  possess  and  exercise  all  the  rights,  powei  3, 
privileges,  immunities  and  franchises,  and  be  subject  o 
all  the  duties  and  obligations  (not  inconsistent  with  tl  e 
provisions  of  this  Act)  conferred  and  imposed  by  la  w 
upon  such  companies  so  consolidating  or  either  of  the)i3, 
and  said  consolidated  company  shall  have  power  to  Ix 
the  number  of  its  directors  and  the  time  of  their  el<  c- 
tion,  the  number,  names  and  duties  of  its  officers,  ;o 
pass  by-laws  for  the  government  of  the  company  aid 
management  of  its  affairs,  to  fix  the  amount  of  its 
capital  stock  which  shall  be  divided  into  shares  of  |1  )0 
each  and  issue  bonds  and  dispose  of  the  same  in  su:h 
form  and  denomination  and  bearing  such  interest  as  tie 
board  of  directors  may  determine,  and  to  secure  tie 
payment  thereof  by  the  mortgage  of  every  and  all  prcp- 
erty  and  franchises,  rights,  privileges  and  immunities  of 
said  consolidated  company,  and  of  the  companies  from 
which  it  was  formed,  and  to  do  all  other  acts  and  thin?s 
which  the  said  companies  so  consolidating,  or  either  of 
them,  might  have  done  previous  to  such  consolidaticn. 
And  in  case  the  companies  consolidated  under  the  pro- 
visions of  this  Act  are  the  owners  of  railroads  here  o- 
fore  owned  by  corporations,  which  have  been  previously 
consolidated  according  to  the  statutes  cf  this  State,  the 
corporation  formed  by  the  consolidation  under  this  .Act 
shall  have  and  exercise  all  the  rights,  privileges,  fran- 
chises and  immunities,  and  be  subject  to  all  duties  and 
liabilities  conferred  and  imposed  by  law  upon  the  cor- 
poration formed  upon  such  previous  consolidation. 

Office  and  domicile  of  company,  etc.  §  3.  That  the  prin- 
cipal   office    of    said    consolidated    company    and    branch 


Public  Service  Laws 


607 


offices  may  be  established  at  such  place  or  places,  in  or 
out  of  the  State,  as  the  board  of  directors  may  determine, 
for  the  convenient  transaction  of  business,  and  meet- 
ings there  held  and  resolutions  adopted  shall  be  lawful 
and  binding;  provided,  that  an  office  or  officer  be  main- 
tained and  preserved  in  this  State,  where  and  upon 
whom  citations  may  be  served;  and  provided,  further, 
that  when  a  corporation  created  by  or  under  any  law 
of  this  State  is  consolidated  with  any  corporation  cre- 
ated by  or  under  any  law  of  any  other  State,  the  consoli- 
dated corporation  shall,  for  the  purposes  of  litigation 
with  citizens  of  this  State,  have  its  domicile  within  the 
State  of  Louisiana  and  be  subject  to  the  jurisdiction  of 
the  courts  of  this  State. 

ACT  No.   38  OF  1882,  p.   50. 

Right  to  consolidate,  and  power  of  resulting  corpora- 
tion. §  1.  That  any  railroad  company  or  companies  organ- 
ized under  the  laws  of  this  State,  general  or  special, 
shall  have  the  right  and  the  power  to  consolidate  with 
any  railroad  company  or  companies  organized  under  the 
laws,  general  and  special,  of  any  other  State,  and  form 
thereby  a  new  corporation,  which  new  corporation  shall 
have,  in  this  State,  only  the  rights,  powers  and  privileges 
which  are  possessed   by  the  Louisiana  corporation. 

Formalities  required  for  consolidation.  §  2.  That  the 
only  formalities  requisite  for  such  consolidation  shall  be 
the  passage  of  a  resolution  to  that  effect  by  the  vote 
of  three-fourths  of  all  the  stockholders  pnesent  and 
represented  at  a  special  meeting  called  for  that  purpose 
after  60  days'  public  notice  in  two  newspapers  published 
at  the  domicile  of  each  corporation  in  this  State,  and 
in  case  there  shall  be  only  one  such  newspaper  then 
publication  in  that  paper  shall  be  sufficient,  and,  if  there 
is  no  such  newspaper,  then  a  written  or  printed  notice 
of  such  meeting  shall  be  posted  for  60  days  in  three 
public  places  in  the  parish  of  the  domicile  of  said  cor- 
poration. 

What  resolution  of  consolidation  must  show.  §  3.  That 
said  resolution  of  consolidation  shall  set  forth  in  detail: 
1st.  The  name  of  the  new  corporation.  2d.  The  amount 
of  capital  stock  thereof.  3d.  Its  domicile.  4th.  All  the' 
other  terms  and  conditions  of  the  proposed  consolidation. 

Effect  of  act  of  consolidation.  §  4.  That  such  act  of 
consolidation  shall  be  considered  as  to  the  corporate 
life  of  the  new  corporation  in  this  State,  as  the  forma- 
tion of  a  corporation  under  the  general  laws  of  this 
State,  and  the  corporate  existence  of  the  consolidated 
company  shall  be  limited  to  the  term  of  99  years  from 
the  date  of  such  consolidation  as  provided  by  the  exist- 
ing statutes  of  the   State. 

All  must  be  recorded  when  it  becomes  effective.  §  5. 
That  a  certified  copy  of  each  resolution  or  consolidation 
shall  be  recorded  in  the  parish  of  the  domicile  of  such 
consolidated  company,  and  published  for  30  days  in  the 
manner  set  forth  in  §  2  of  this  Act;  provided,  that  said 
resolution  of  consolidation  shall  take  effect  from  the 
date  of  its  adoption. 

CONSOLIDATION  OF  STREET  RAILROAD  COMPANIES. 

ACT  No.  100  OF  1898,  p.  125. 
Be  it  enacted  hy  the  general  assembly  of  the  State  of  Lou- 
isiana : 
Right  to  consolidate — Conditions  which  must  be  ful- 
filled. §  1.  That  every  street  railroad  corporation  in  this 
State,  whether  created  under  and  by  virtue  of  a  charter 
or  law  of  this  or  any  other  State,  and  authorized  to 
maintain  and  operate  a  street  railroad  within  this 
State,  shall  have  the  right  and  power  to  consolidate 
itself  with  any  other  such  railroad  corporation  upon  such 
terms  and  conditions,  and  under  such  corporate  name  as 
shall  be  agreed  upon  in  writing  between  such  corpora- 
tions, respectively;  provided,  that  nothing  herein  shall 
affect  or  impair  in  any  way  any  mortgage,  right,  lien,  or 
claim  of  any  parish  or  municipality,  or  the  rights  of  any 
creditor  of  such  corporation,  and  that  no  such  consolida- 
tion shall  be  consummated  or  completed  until  it  and  the 
terms  and  conditions  thereof  shall  have  been  approved 
by  three-fourths  of  all  the  stockholders  of  each  of  such 
consolidated  companies,  respectively,  at  a  special  meet- 
ing called  for  that  purpose  after  60  days'  public  notice  in 
a  newspaper   published   at   the   domicile   of  each   corpora- 


tion in  this  State,  and  if  there  is  no  such  newspaper, 
then,  after  a  written  or  printed  notice  of  such  meeting 
shall  have  been  posted  for  60  days  in  the  public  places 
in  the  parish  of  the  domicile  of  each  corporation  in  this 
State;  and,  provided,  further,  that  the  agreement .  for 
such  consolidation,  together  with  evidence  and  approval 
thereof  by  such  stockholders,  shall  be  filed  in  the  office 
of  the  recorder  or  ex-officio  recorder  of  mortgages  for  the 
parish  or  municipality  in  which  such  consolidated  street 
railroad  company  shall  be  located. 

Be  it  further  enacted;  etc.: 

Right  to  lease — Lease  and  approval  of  stockholders  to 
be  recorded.  §  2.  That  every  street  railroad  company  in 
this  State,  whether  created  under  a  general  or  special 
law,  or  existing  by  virtue  of  a  charter  or  law  of  this 
or  of  any  other  State,  and  authorized  to  maintain  and 
operate  a  street  railroad  within  this  State,  shall  have 
the  right  to  lease  to  or  from  any  other  such  railroad, 
its  railroad  property,  privileges,  franchises  and  immuni- 
ties, on  such  terms  and  conditions  as  shall  be  agreed 
upon  in  writing  between  such  corporations,  respectively; 
provided,  no  such  lease  shall  be  consummated  or  com- 
pleted until  it  and  the  terms  and  conditions  thereof  shall 
have  been  approved  by  three-fourths  of  all  the  stock- 
holders of  each  of  such  companies  respectively,  at  a 
special  meeting  called  for  that  purpose,  after  the  public 
notice  provided  for  in  §  1  of  this  Act;  and,  provided,  fur- 
ther, that  such  lease,  together  with  the  evidence  of  the 
approval  thereof,  by  such  stockholders,  shall  be  filed  in 
the  office  of  the  register  or  ex-officio  register  of  convey- 
ance of  the  parish  or  municipality  in  which  such  street 
railroad   companies   are   operated   respectively. 

Be  it  further  enacted,  etc.: 

Companies  may  purchase  property,  etc.,  from  other  com- 
panies— Conditions.  §  3.  That  every  street  railroad  com- 
pany in  this  State,  whether  chartered  under  a  -general 
or  special  law,  or  existing  by  virtue  of  a  charter  or  law 
of  this  or  any  other.  State  and  authorized  to  maintain 
and  operate  a  street  railroad  within  this  State,  shall  have 
the  right  to  sell  to  or  purchase  from  any  other  such  rail- 
road company  its  railroad  property,  privileges,  franchises 
and  immunities,  on  such  terms  and  conditions  as  shall 
be  agreed  upon  in  writing  between  such  corporations, 
respectively;  provided,  no  such  sale  shall  be  consum- 
mated or  completed  until  it  and  the  terms  and  conditions 
thereof  shall  have  been  approved  by  three-fourths  of  the 
stockholders  of  each  of  such  companies  respectively,  at 
a  meeting  called  for  that  purpose  after  public  notice 
required  in  §  1  of  this  Act;  and,  provided  further,  that 
such  sale,  together  with  the  evidence  of  approval  thereof 
by  such  stockholders,  shall  be  filed  in  the  office  of  the 
register  or  ex-officio  register  of  conveyances  of  the 
parish  or  municipality  in  which  such  street  railroads 
are    operated    respectively. 

Be  it  further  enacted,  etc.: 

Rights  and  obligations  of  consolidated  companies.  §  4. 
That  said  corporation  which  shall  be  formed  by  the  con- 
solidation of  two  or  more  street  railroad  companies,  as 
aforesaid,  shall  have,  possess  and  exercise  all  the  rights, 
powers,  privileges,  immunities  and  franchises,  and  shall 
be  subject  to  all  the  duties  and  obligations  (not  incon- 
sistent with  the  provisions  of  this  Act)  conferred  and 
imposed  by  law  upon  the  property,  powers,  privileges, 
immunities  and  franchises  of  such  companies  so  con- 
solidated, and  said  consolidated  companies  shall  have 
power  to  fix  the  number  of  its  directors  and  less  than 
six,  and  the  time  of  their  election,  the  number,  names 
and  duties  of  its  officers;  to  pass  by-laws  for  the  govern- 
ment and  management  of  its  affairs;  to  fix  the  amount 
of  its  capital  stock,  which  shall  be  divided  into  shares 
of  $100  each,  and  to  issue  bonds  and  dispose  of  same 
form  and  denomination,  and  bearing  such  interest  as 
the  board  of  directors  may  determine,  and  to  secure  pay- 
ment thereof  by  mortgage  of  every  and  all  of  the  property 
and  franchises,  rights,  privileges  and  immunities  of  said 
consolidated  company  then  acquired  or  thereafter  to  be 
acquired  of  the  companies  of  which  it  is  formed;  and  to 
do  all  other  acts  and  things  which  said  companies  so 
consolidated  or  either  of  them  might  have  done  previous 
to  said  consolidation,  and  any  street  railroad  company 
consolidated  under  the  provisions  of  this  Act  shall  have 
the    further   right   to    consolidate    with   any   other   street 


608 


Nation^al  Association  of  Railway  Commissionees 


railroad  company,  or  any  other  consolidated  street  rail- 
road company,  or  any  other  consolidated  street  railroad 
company. 

Be  it  further  enacted,  etc.: 

When  Act  goes  into  effect.  §  5.  That  this  Act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

SALE    OR    LEASE    OF    ONE    RAILROAD    COMPANY'S 
PROPERTY,  ETC.,  BY  ANOTHER. 

ACT  No.  74  OF  1902,  p.  101. 

Be  it  enacted  l>y  the  general  assembly  of  the  State  of  Lou- 
isiana: 

When  companies  may  or  may  not  lease  and  sell.  §  1. 
That  any  railroad  company  in  this  State,  existing  under 
the  general  or  sjiecial  laws  of  this  or  any  other  State 
or  Territory  of  the  United  States,  may  sell  or  lease  its 
railroad,  property  and  franchises,  to  any  other  railroad 
company  duly  organized  and  existing  under  the  laws  of 
this  or  any  other  State  or  Territory,  whenever  the  line 
or  lines  of  the  said  contracting  companies  shall  or  may 
form  in  the  operation  thereof,  by  bridge,  ferry  or  other- 
wise, connecting  or  continuous  line  or  lines  of  railroad; 
provided,  that  the  said  railroads  of  the  said  companies 
thus  contracting  shall  not  be  parallel  and  competing 
lines. 

Be  it  further  enacted,  etc.: 

When  companies  may  sell,  pledge,  etc.,  their  tonds, 
stock,  etc.  §  2.  That  any  railway  corporation  in  this  State, 
existing  or  incorporated  under  the  laws  of  this  State 
or  any  other  State  or  Territory,  may  sell,  pledge  or 
hypothecate,  for  railroad  purposes,  its  bonds,  stock, 
earnings,  revenues,  income  rights  and  credits,  to  any 
person  or  corporation,  or  to  any  other  railway  corpora- 
tion organized  or  existing  under  the  laws  of  this  State, 
or  any  other  State  or  Territory;  provided,  that  the  rail- 
road lines  of  the  contracting  railway  corporations  are 
not  parallel   and  competing  lines. 

Be  it  further  enacted,  etc.: 

Companies  may  acquire,  etc.,  at  conventional  or  judicial 
sale.  §  3.  That  any  railway  company  existing  under  the 
laws  of  this  State,  or  any  other  State  or  Territory,  or 
of  the  United  States,  may  acquire  by  conventional  or 
judicial  sales,  or  by  lease,  from  any  other  railway  cor- 
poration, existing  and  organized  under  the  laws  of  this 
State,  or  of  any  other  State  or  Territory,  any  railroad 
or  railroads,  the  whole  or  any  part  of  which  is  in  this 
State,  with  all  the  property,  privileges,  appurtenances, 
rights  and  franchises,  stocks  and  bonds,  of  such  railway 
company  or  companies,  whenever  the  railroad  lines  of 
said  contracting  companies  shall  or  may  form,  in  the 
operation  thereof,  connecting  or  continuous  line  or  lines 
of  railroad,  by  bridge,  ferry  or  otherwise;  provided,  that 
the  lines  of  said  companies  thus  contracting  shall  not  be 
parallel  and  competing. 

Be  it  further  enacted,  etc.: 

Sale  must  he  approved  by  stockholders — Advertisement 
of  meeting.  §  4.  That  before  any  such  conventional  sale 
of  any  railroad,  its  property,  rights  and  franchises,  shall 
take  place  and  be  valid,  it  must  be  approved  and  ratified  by 
two-thirds  of  the  capital  stock  of  each  of  the  contracting 
companies  respectively,  at  a  stockholders'  meeting  called 
for  that  purpose,  after  public  notice  of  60  clear  days,  by 
publication  in  a  newspaper  published  at  the  domiciles  of 
the  respective  corporations,  calling  a  meeting  of  the  stock- 
holders of  the  contracting  railway  companies;  and  in  case 
of  a  purchase  at  judicial  sale,  by  a  railway  corporation, 
such  purchase  must  be  authorized  and  approved  by  two- 
thirds  of  the  capital  stock  of  the  purchasing  company,  at 
a  stockholders'  meeting  convened  for  that  purpose,  60 
days'  public  notice  of  which  meeting  has  been  given  In  a 
newspaper  published  at  the  domicile  of  said  purchasing 
company. 

Be  it  further  enacted,  etc.: 

Companies  may  guarantee  bonds  and  contracts  of  an- 
other company.  §  5.  That  any  railway  corporation  exist- 
ing or  organized  under  the  laws  of  this  or  any  other 
State  or  Territory  of  the  United  States,  may  guarantee  the 
bonds  or  contract  of  any  other  railway  company  of  this  or 
any  other  State  or  Territory,  provided  that  the  guarantor 


and  guarantee  companies  shall  not  be  parallel  and  com- 
peting lines. 

Be  it  further  enacted,  etc.: 

Right  of  expropriation  of  consolidated  company.  1 6. 
That  any  railroad  company  organized  or  existing  under 
the  laws  of  this  State,  or  any  other  State  or  Territory,  or 
of  the  United  States,  which  has  heretofore  acquired  or  may 
hereafter  acquire  the  railroad,  property  or  franchises  of 
any  other  railroad  or  railway  company,  whether  by  pur- 
chase, lease,  consolidation,  or  otherwise,  shall  have  the 
right  of  expropriation  of  land  and  property  for  the  pur- 
pose of  construction  or  extending  its  line  of  railroad,  and 
for  branch  lines  of  railroad,  spur  tracks,  switches,  sidings, 
depot  grounds,  shops  and  yards,  and  for  any  other  railroad 
purposes,  in  the  manner  and  according  to  our  laws  relative 
to  expropriation  by  railways. 
Be  it  further  enacted,  etc.: 

Approval  of  stockholders  required.  §  7.  That  any  agret::- 
ment  of.  any  railway  company  existing  or  organized  under 
the  laws  of  this  State,  or  of  any  other  State  or  Territory, 
or  of  the  United  States,  to  buy  a  railroad,  railroad  property, 
appurtenances,  bonds,  stock,  rights,  and  franchises,  or  to 
buy  and  acquire  the  stock  and  bonds  of  any  railway  com- 
pany incorporated  or  organized  under  the  laws  of  this  or 
any  other  State  or  Territory,  heretofore  executed  by  the 
proper  officers  of  such  companies,  and  ratified  by  the  con,- 
panics  parties  thereto  by  the  assent  of  two-thirds  of  tha 
capital  stock  of  each  of  said  companies,  shall  be  taken  an  1 
held  to  be  binding  from  the  date  of  its  execution,  and  an  / 
purchase  at  judicial  sale  by  any  railway  corporation  of  thU 
or  any  other  State  or  Territory,  approved  by  two-thirds  of 
the  capital  stock  of  such  purchasing  company  in  a  stocl- 
holders'  meeting,  duly  convened  and  held,  shall  be  valid  an  1 
binding  from  the  date  of  such  purchase. 
Be  it  further  enacted,  etc.: 

Consolidated  company  must  have  main  office  and  dom' 
die  here.  etc.  §  8.  That  railroad  companies  or  corpors  - 
tlons  availing  themselves  of  the  provisions  of  this  Ac-, 
shall  have  and  maintain  a  domicile  and  main  and  general 
office  in  the  State  and  be  subject  to  the  control  and  reguU  • 
tlon  of  the  laws  of  this  State  and  the  railroad  commissiot . 
as  well  as  the  jurisdiction  of  the  State  courts. 
Be  it  further  enacted,  etc.:  ■ 

Act  does  not  apply  to  street  railroads,  etc.     §  9.    Tl4 
this  Act  shall  take  effect  from  and  after  its  passage  anU 
that  nothing  herein  shall  apply  to  street  railroads  or  tra^i 
roads  carrying  passengers  under  municipal  franchises. 


4 


EQUALIZATION  OF  ASSESSMENTS. 
ACT  No.  92  OF  1888,  p.  151. 


ihlses.  I  I 

J 

il.     Thili 


Board  of  commissioners — Bow  constituted. 
the  police  juries  of  all  the  parishes  throughout  the  Stat< 
be  and  are  hereby  required  to  select  one  of  their  numbe* 
or  some  other  property  taxpayer  of  their  parish,  to  act  as  i 
board  of  assessment  on  the  assessment  of  the  rallroadi , 
telegraph  and  telephone  lines  passing  or  running  throug  i 
the  parish  he  may  represent. 

Meeting  and  organization  of  board.  §  2.  That  sal  1 
appointees  be  required  to  meet  at  some  convenient  poin: 
on  the  line  of  road,  telegraph  or  telephone,  to  be  assessec , 
said  point  to  be  designated  by  the  auditor  of  public  a<- 
counts,  and  organize  by  electing  a  president  and  secretar/ 
from  their  number  and  proceed  to  put  a  uniform  valui  - 
tlon  on  the  roadbed  and  telegraph  and  telephone  lines  rui  - 
ning  through  the  parishes  they  represent;  said  assessments 
to  be  reported  to  the  assessors  of  the  different  parlshei , 
which  assessment  shall  be  placed  on  the  roll  and  be  flna , 
unless  changed  or  reduced  by  suit  for  reduction  as  noi? 
provided  for  by  law,  provided,  said  suit  to  be  filed  and 
ducted  in  the  parish  in  which  the  president  of  the  boi 
may  live. 

Notice  and  time  of  meeting — Compensation  of  commi. 
sioners.  S  3.  That  in  selecting  the  time  and  places  of  the 
meeting  of  these  boards,  the  auditor  shall  so  arrange  that 
one  commissioner  can  act  on  every  road,  etc.,  running 
through  his  parish;  notice  of  such  times  and  places  to 
be  given  so  that  assessment  thus  made  shall  be  placed  on 
the  assessment  rolls  of  each  parish  by  the  31st  day  of  May 
of  each  year.  The  compensation  of  said  commissioners 
shall  be  $3  per  day  for  every  day  actually  employed,  to- 
gether with  all  actual  traveling  expenses  from  his  home 


noiv 


Public  Service  Laws 


609 


and  return,  to  be  paid  out  of  the  general  fund  of  the  par- 
ish he  represents. 

Repealing  clause.  §  4.  That  this  Act  shall  take  effect 
from,  and  after  its  passage,  and  all  laws  and  parts  of  laws 
in  conflict  herewith  are  hereby  repealed. 

SEPARATION  OF  RACES  ON  STREET  RAILROADS. 

ACT  No.  64  OF  1902,  p.  89. 

Be  it  enacted  hy  the  general  assembly  of  the  State  of  Lou- 
isiana : 

Companies  shall  provide  separate  tut  equal  accommoda- 
tions. §  1.  That  all  street  railway  companies  carrying 
passengers  in  their  cars  in  this  State  shall  provide  equal 
but  separate  accommodations  for  the  white  and  colored 
races  by  providing  two  or  more  cars  or  by  dividing  their 
cars  by  wooden  or  wire  screen  partitions  so  as  to  secure 
separate  accommodations  for  the  white  and  colored  races; 
no  person  or  persons  shall  be  permitted  to  occupy  seats 
in  cars  or  compartments  other  than  the  ones  assigned  to 
them  on  account  of  the  race  they  belong  to. 
Be  it  further  enacted,  etc.: 

Officers  of  companies  given  power  to  assign  seats,  pen- 
alties. §  2.  That  the  officers  of  such  street  cars  shall  have 
power  and  are  hereby  required  to  assign  each  passenger 
to  the  car  or  compartment  used  for  the  race  to  which  such 
passenger  belongs;  and  passenger  insisting  upon  going  into 
a  car  or  compartment  to  which  by  race  he  or  she  does 
not  belong  shall  be  liable  to  a  fine  of  $25,  or  in  lieu 
thereof  be  imprisoned  for  a  period  of  not  more  than  30 
days  in  the  parish  prison,  and  any  officer  of  any  street 
railway  insisting  on  assigning  a  passenger  to  a  car  or 
compartment  other  than  the  one  set  aside  for  the  race 
to  which  said  passenger  belongs,  shall  be  liable  to  a  fine 
of  $25,  or  in  lieu  thereof,  to  imprisonment  for  a  period, 
of  not  more  than  30  days  in  the  parish  prison;  and  should 
any  passenger  refuse  to  occupy  the  car  or  compartment  to 
which  he  or  she  is  assigned  by  the  officer  of  such  street 
railway,  said  officer  shall  have  the  power  to  refuse  to  carry 
such  passenger  on  his  car  or  cars,  and  for  such  refusal 
neither  he  nor  the  street  railway  company  which  he  repre- 
sents shall  be  liable  for  damages  in  any  of  the  courts  of 
this  State. 
Be  it  further  enacted,  etc.: 

Penalty  for  afflcers  violating  Act.    §  3.    That  all  officers 
and  directors  of  street  railway  companies   that  shall  re- 
fuse or  neglect  to  comply  with  the  provisions  and  require- 
ments of  this  Act  shall  be  deemed  guilty  of  misdemeanor 
and  shall  upon  conviction  before  any  court  of  competent 
i       jurisdiction  be  fined  not  less  than  $100,  or  be  imprisoned 
in  the  parish  jail  not  less  than  60  days  and  not  more  than. 
j       six  months;  and  any  conductor  or  other  employe  of  such 
i       street  car  having  charge  of  the  same,  who  shall  refuse 
I       or  neglect  to  carry  out  the  provisions  of  this  Act,  shall,  on 
j       conviction,  be  fined  not  less  than  $25  dollars,  or  be  Im- 
j       prisoned  in  the  parish  jail  for  not  less  than  ten  days,  nor 
more  than  30  days  for  each  and  every  offense.    All  street 
:       railway   corporations    carrying    passengers    in    this    State 
I       shall  keep  this  law  posted  up  in  a  conspicuous  place  in 
each  and  every  car  and  at  their  transfer  stations ;  provided, 
;       that  nothing  in  this  Act  shall  be  construed  as  applying 
I       to   nurses   attending   children   of   the   other   race. 
Be  it  further  enacted,  etc.: 

Repealing  clause  and  when  Act  goes  into  effect.     §  4. 

\       That  all  laws  or  parts  of  laws  contrary  to  or  inconsistent 

with  the  provisions  of  this  Act  be  and  the  same  are  hereby 

\      repealed,   and   that  this  Act  shall   take   effect  and   be  in 

;       full  force  90  days  after  its  promulgation. 

BULLETIN  BOARDS  AT  STATIONS. 
ACT  No.  118  OF  1890,  p.  160. 

Companies  must  put  up  boards,  and  what  shall  be  bulle- 
tined. §  1.  That  all  railroad  companies  throughout  the 
State  of  Louisiana  are  hereby  required  to  put  up  bulle- 
tin boards  in  a  conspicuous  place  at  all  regular  and 
way  stations  where  they  have  a  telegraph  operator,  along 
their  respective  lines,  and  to  keep  them  up  continuously, 
and  keep  posted  thereon  for  the  information  of  the 
traveling  public  or  people  generally,  the  time  of  the 
arrival  and  departure  of  all  regular  trains,  running  on 
their  respective  lines,  and  when  a  train  is  not  on  sched- 


ule time,  the  number  of  hours  or  minutes  that  said  train 
is  behind  time. 

Penalties  imposed  for  violations.  §  2.  That  any  rail- 
road company  violating  the  provisions  of  this  Act,  with- 
out just  cause,  shall  for  each  and  every  offense  pay 
fine  of  not  less  than  $100  nor  more  than  $500,  to  be 
recovered  in  any  court  of  competent  jurisdiction  within 
the  parish,  where  said  violation  may  take  place. 

Repealing  clause.  §  3.  That  all  laws  and  parts  of  laws 
in  conflict   herewith   are  hereby  repealed. 

REGULATING  LABOR  ON  STREET  RAILROADS., 
ACT  No.  122  OP  1902,  p.  204. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lots' 

isiana : 

Repeal  of  Act  85  of  1886 — What  constitutes  "a  day's' 
labor."  §  1.  That  Act  No.  95  of  the  session  of  1886,  ap- 
proved July  8,  1886,  entitled  an  Act  to  regulate  the 
hours  of  labor  on  and  connected  with  the  street  railroads* 
chartered  or  doing  business  under  the  laws  of  this  State 
and  providing  penalties  for  the  violation  thereof,  he- 
amended  and  re-enacted  as  follows: 

That  10  hours'  labor  in  24  shall  constitute  a  day's 
labor  in  the  operation  of  all  street  railroads  owned  or 
operated  by  corporations  incorporated  under  the  laws  of 
this  State,  whatever  motive  power  may  be  used  in  the 
operation  of  such  railroad;  the  said  10  hours  to  be 
embraced  within  12  consecutive  hours. 
Be  it  further  enacted,  etc.: 

Violation  of  Act  declared  a  misdemeanor.  §  2.  That  It 
shall  be  a  misdemeanor  for  any  officer  or  agent  of  any 
street  railroad  company  to  exact  from  any  of  its  em- 
ployes more  than  10  hours'  labor  in  the  24,  constituting 
a  day  and  embraced  within  12  consecutive  hours;  pro- 
vided, however,  that  in  cases  of  accident,  unavoidable 
delay  or  emergency,  extra  labor  may  be  permitted  for 
extra  compensation,  with  the  consent  of  the  employe. 
Be  it  further  -enacted,  etc. : 

Penalty  f-or  violation  of  Act.  §  3.  That  any  officer  or 
agent  of  any  of  the  said  street  railroads,  who  shall  have 
■been  •convicted  of  violating  the  provisions  of  this  Act, 
shall  te  flared  not  more  than  $50,  or  suffer  imprisonment 
in  the  parish  prison  or  jail,  as  the  case  may  be,  for 
not  more  than  two  months,  or  both,  at  the  discretion 
ot  the  conrrt,  said  fine  to  go  to  the  benefit  of  the  public 
schools  as  other  fines  and  forfeitures, 

TO  PROTECT  LIFE  AND  PREVENT  ACCIDfiNTg. 
ACT  No.  39  OF  1882,  p.  51. 

Struietmres  uAicA  companies  must  erect.  §  1  That  all 
railroads  now  operating  in  the  State  of  Louisiana,  or 
-whrch  may  hereafter  operate  in  said  State  shall  at  a 
pomt  BO  less  than  150  feet  from  either  approach  of 
their  bridges,  cause  stands  to  be  erected,  and  from  the 
same  cause  to  he  hung  across  the  entire  width  of  their 
track  light  ropes,  properly  knotted  and  hanging  so  low 
as  to  absolutely  touch  the  head  or  body  of  any  train- 
?f +T,'",?^P^^  *™^  *°  °°"^y  ^™  of  l^'s  near  approach 
«^  *.-^'''^^^'  ^^^  ^°^^'^  ^'"  '°  take  the  necessary 
precantiOTian-  means  to  avoid  the  possibility  of  injury. 

Tim^e  within  which  they  must  be  erected  S  2  That 
the  provisions  of  this  Act  shall  be  carried  out  by  the 
railroads  now  operating  in  this  State  within  the  next 
90  days  and  by  railroads  to  be  hereafter  constructed 
before  they  go  into  operation. 

Penalties  for  failure  to  comply  with  Act.  '§  3  That  In 
the  event  any  railroad  company  should  fail  or 'refuse  to 
*A°?PJ?  T'^^^  ^^'^  provisions  and  requirements  of  this 
,  iv  ^i^'j*  governor  shall,  through  the  attorney-general 
of  the  State,  cause  such  company  to  be  enjoined  from 
operating  or  running  any  trains  in  this  State  until  said 
provisions  and  requirements  are  complied  with. 

TRANSPORTATION  OF  STOCK. 
ACT  No.  70  OF  1886,  p  109. 

,«=i  i'f  T^^*'  5"<,f  "i"^  against  railroad  companies  for  the 
loss  of  stock  killed  or  injured  by  them,  it  shall  be  suffi- 
cient in  order  for  the  plaintiff  and  owner  to  recover,  to 
prove  the  killing  or  injury,  unless  it  be  shown  by  the 
defendant   company   that   the   killing  or   Injury   was   not 


610 


National  Association  of  Railway  Commissioners 


I 


the  result  ot  fault  or  carelessness  on  their  part  or  the 
negligent  or  Indifferent  running  or  management  of  their 
locomotive  or  train. 

ACT  No.  110  OF  1886,  p.  206. 

Obligation  of  companies  to  follow  certain  rules.  §  1. 
That  all  railroad  companies  operating  lines  of  railway 
through  any  portion  of  this  State  shall  be  required  to 
comply  with  the  following  regulations  relative  to  the 
killing  or  injuring  of  live  stock  by  their  trains. 

Presentation  of  claims  for  stock — Proceedings  to  ascer- 
tain value.  §  2.  That  it  shall  be  the  duty  of  the  owner  or 
his  agent,  or  representative,  to  notify,  in  writing,  within 
a  reasonable  time,  the  nearest  station  agent  of  the  rail- 
way company  of  the  killing  or  injury  to  any  animal  or 
animals  by  the  locomotive  or  cars  of  the  railway  com- 
pany, giving  a  description  of  the  animal  or  animals 
killed  or  injured,  stating  the  place  as  near  as  may  be 
described  where  it  occurred,  and  any  other  facts  con- 
nected with  the  matter.  It  shall  be  the  duty  of  such 
station  agent  so  notified,  without  delay,  to  notify,  in 
writing,  the  superintendent,  general  agent  or  agent  of 
the  railway  company  at  their  domicile,  on  whose  road 
such  killing  or  injury  occurred,  and  it  shall  be  the  duty 
of  said  superintendent,  general  agent  or  agent  at  their 
domicile  to  instruct,  without  delay,  an  agent  on  behalf 
of  said  railway  company,  to  confer  with  the  owner  or 
representative  of  the  stock  so  killed  or  Injured,  and  if 
they  fail  to  agree  upon  the  sum  to  be  paid  for  such 
animal  or  animals  as  may  have  been  killed,  or  injured, 
in  such  case,  each  may  select  an  arbitrator,  from  the 
parish  in  which  the  animal  was  killed  or  Injured;  pro- 
vided, that  said  arbitrator  shall  not  be  the  agents  or 
servants  of  either  party,  to  whom  the  matter  shall  be 
referred,  and  in  case  they  fail  to  agree  they  shall  call 
in  an  umpire,  whose  decision  shall  be  final;  said  arbi- 
trators and  umpire  shall  be  duly  sworn  to  make  a  just 
award,  and  said  arbitration  shall  take  place  and  be  held 
at  the  railroad  station  thereon  nearest  to  the  place  where 
the   stock  was  killed   or  injured. 

Penalty  for  failure  to  comply  with  award,  etc.  §  3.  That 
It  shall  be  the  duty  of  the  railway  company,  within  30 
days  after  the  date  of  any  award  by  such  arbitrators, 
to  pay  to  the  owner  or  his  legal  representative,  the 
amount  agreed  upon  by  the  arbitrators,  and  upon  their 
failure  so  to  do  within  the  prescribed  time,  they  shall 
pay  to  the  owner  of  said  stock  five  per  cent  a  month 
for  every  month  or  fraction  of  a  month,  in  addition  to 
the  amount  of  damages  awarded  by  said  arbitrators; 
provided,  in  case  arbitration  fails,  that  nothing  in  this 
Act  shall  be  so  construed  as  to  create  any  liability  or 
responsibility  on  the  part  of  the  railway  company  for 
Buch  killing  or  injury;  provided,  that  nothing  in  this 
Act  shall  be  construed  to  deny  to  any  owner  of  stock 
that  may  be  Injured  or  killed  the  right  to  Institute  his 
action  for  damages  in  the  courts,  or  to  compel  them  to 
avail  themselves  of  the  benefit  of  this  Act. 

And  provided  further.  That  there  shall  be  no  re- 
sponsibility on  the  part  of  railroad  companies  for  the 
killing  or  Injury  of  stock  where  said  railroad  companies 
have  their  line  of  track  fenced  in  and  kept  in  good 
order,  and  have  erected  and  maintained,  in  good  order, 
euitable  cattle  guards  at  crossings;  and  provided  further, 
that  if  the  arbitrators  cannot  agree,  and  cannot  agree 
on  the  selection  of  an  umpire,  then  the  nearest  magis- 
trate shall  appoint  the  umpire,  who  shall  be  sworn  as  the 
other  arbiti^ators. 

INFORMATION  ABOUT   SHIPMENTS,   ETC.,   PRO- 
HIBITED. 
ACT  No.  Ill  OF  1908,  p.  168. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 
What  information  carriers  may  not  give.  That  it  shall 
he  unlawful  for  any  common  carrier  engaged  in  intra- 
state transportation  of  property,  or  any  officer,  agent  or 
employe  of  such  common  carrier,  or  for  any  other  per- 
son or  corporation  lawfully  authorized  by  such  common 
carrier  to  receive  information  therefrom,  knowingly  to 
disclose  to  or  permit  to  be  acquired  by  any  person  or 
corporation  other  than  the  shipper  or  consignee  without 


the  consent  of  such  shipper  or  consignee,  any  informa- 
tion concerning  the  nature,  kind,  quantity,  destination, 
consignee,  or  routing  of  any  property  tendered  or  de- 
livered to  such  common  carrier  for  intrastate  transpor- 
tation, which  information  may  be  used  to  the  detriment 
or  prejudice  of  such  shipper  or  consignee,  or  which  may 
improperly  disclose  his  business  transactions  to  a  com- 
petitor; and  it  shall  also  be  unlawful  for  any  person  or 
corporation  to  solicit  or  knowingly  receive  any  such  in- 
formation which  may  be  so  used;  provided,  that  nothing 
in  this  Act  shall  be  construed  to  prevent  the  giving  of 
such  information  in  response  to  any  legal  process  issued 
under  the  authority  of  any  court  of  this  State,  or  to 
any  officer  or  agent  of  the  government  of  the  United 
States,  or  of  the  State,  in  the  exercise  of  his  powers,  or 
to  any  officer  or  other  duly  authorized  person  seeking 
such  information  for  the  prosecution  of  persons  charged 
with  or  suspected  of  crime. 
Be  it  further  enacted,  etc. : 

Penalties  for  violation.  §  2.  That  any  person  or  cor- 
poration who  shall  be  guilty  of  a  violation  of  this  Act 
shall  be  fined,  upon  conviction,  not  exceeding  $1,000, 
and  not  less  than  $200,  or  in  the  case  ot  a  person,  im- 
prisonment for  not  more  than  one  year,  or  both,  far 
each  and  every  offense,  in  the  discretion  of  the  court. 


1 


DAMAGES  FOR  FAILURE  TO  DELIVER  FREIGHT,  ET«1 

WHERE  PAYABLE. 

ACT  No.  182  OF  1908,  p.  268. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Damages  payable  at  delivery,  etc.  §  1.  That  steaii- 
boats,  railroads  and  other  public  carriers  doing  busine  ss 
in  this  State,  are  hereby  required  to  pay  at  the  poi  it 
of  delivery  for  all  freight  they  may  fail,  refuse  or  neg- 
lect to  deliver;  and  for  all  overcharges  over  and  abo' e 
the  rate  of  freight  expressed  in  the  bill  of  lading  or  co  i- 
tract,  except  for  freight  received  In  sealed  cars  fro  n 
other  roads  outside  of  this  State;  and  they  may  be  su<  d 
either  in  the  courts  at  the  point  of  delivery  or  in  tl  e 
courts  of  the  domicile  of  said  steamboat  or  other  puhl  c 
carriers,  at  the  option  of  the  party  bringing  the  suit 
for  the  recovery  of  all  freight  they  may  fail,  refuse  <  r  • 
neglect  to  deliver,  or  for  damages  arising  from  su(  h 
failure,  refusal  or  neglect,  or  tor  damages  done  o 
freight   while   in   transit.  ^  jj 

Be  it  further  enacted,  etc.:  4  V 

Repeal.  §  2.  That  all  general  and  special  laws  or  pair  s 
thereof  in  conflict  with  this  Act,  and  particularly  § '  2 
of  Act  No.  37  of  the  Regular  Session  of  1877,  be,  and  tl  e 
same  are  hereby,  repealed. 


Loi- 


VESTIBULES  FOR  ELECTRIC  STREET  CARS. 
ACT  No.  81  OF  1904,  p.  202. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

Vestibules  to  be  provided  on  street  cars  during  cert 
seasons.  §  1.  That  it  shall  be  unlawful  for  any  corpbt 
tion,  person  or  receiver  operating  a  line  of  electric 
street  railways  in  the  State  of  Louisiana,  to  require  or 
permit  the  operation  of  a  line  of  electric  street  railways 
in  the  State  of  Louisiana,  to  require  or  permit  the  op<  r- 
ation  upon  its  lines  of  any  electric  car,  during  the  peril  id 
beginning  November  15,  and  ending  March  15  ot  eai  h 
year,  unless  the  forward  end  of  such  car  is  providi^d 
with  a  screen  or  vestibule,  which  shall  fully  protect  tlie 
motorman  or  other  person  operating  the  motive  powc  r, 
by  which  such  car  is  propelled,  and  such  passengers  .is 
may  be  compelled  to  stand  on  the  platform,  from  wind 
and  storm. 
Be  it  further  enacted,  etc.: 

Penalty.  §  2.  That  any  corporation,  person  or  receiver, 
operating  a  line  of  street  railways  in  the  State  of  Louisi- 
ana, who  shall  in  any  manner  violate  any  of  the  pro- 
visions of  this  Act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  before  any  court 
of  competent  jurisdiction,  shall  be  fined  not  more  than 
$300,  or  imprisonment  not  more  than  six  months,  or 
both,  in  the  discretion  of  the  court  having  jurisdic- 
tion;   "provided,    that    each    day    upon    which    said    Act 


I 


Public  Service  Laws 


611 


ghall  be  violated  shall  constitute  a  separate  offense  and 
shall  be  punishable  as  such." 
Be  it  further  enacted,  etc.: 

§  3.  That  this  Act  shall  take  effect  from  and  after 
January    15,    1905. 

"PIPE  LINE  COMPANIES." 

ACT  No.  39  OF  1906,  p.  54. 

Be  it  enacted  by  the  general  assemhly  of  the  State  of  Lou- 
isiana : 

Right  of  expropriation.  §  1.  That  corporations,  whether 
domestic  or  foreign,  organized  with  the  power  of  con- 
structing and  operating  pipe  lines  for  the  transportation 
of  oil  or  gas,  or  either,  shall  have  the  right  to  expro- 
priate rights  of  way  for  such  pipe  lines  and  for  tele- 
graph and  telephone  lines  incident  to  the  operation  of 
such  pipe  lines  and  lands  for  tank  and  pumping  stations, 
making  part  of  such  lines,  or  of  storage  stations  con- 
nected therewith,  and  necessary  to  the  purpose  thereof. 
Be  it  further  enacted,  etc.: 

How  exercised.  §  2.  That  said  right  of  expropriation 
shall  be  exercised  in  the  same  manner,  and  by  the  same 
proceedings,  and  under  the  same  limitations  now  imposed 
by  law  on  railroads  and  other  quasi-public  corporations. 
Be  it  further  enacted,  etc.: 

Right  of  way   over  puhlic  lands.     §  3.     That  said  cor- 
porations   shall    have    a    right   of    way    not   exceeding    10 
feet   wide    for   the   laying   of   their   pipe   lines  under   and 
across   all   public   lands  of   the   State. 
Be  it  further  enacted,  etc.: 

Right  to  cross  public  streams.  §  4.  That  such  corpora- 
tions shall  have  the  right,  with  their  pipe  lines  to  cross 
all  public  streams  and  waters  of  the  State,  but  in  such 
case,  the  lines  shall  be  so  constructed  as  not  to  impede 
or  interfere  with  the  navigation  thereof,  if  such  streams 
and  waters  are  navigable,  nor  with  the  drainage  through 
said  streams  and  waters,  whether  navigable  or  not. 
Be  it  further  enacted,  etc.: 

Rights  on  roads,  streets,  etc.  §  5.  That  said  corpora- 
tion shall  have  the  right  to  lay  and  maintain  its  pipe 
lines  along,  under  and  across  all  public  rural  highways 
and  roads,  and  along,  under  and  across  all  streets  and 
public  places  in  cities  and  towns,  with  the  consent  of 
the  local  authorities  having  jurisdiction  or  control  there- 
of, and  upon  such  terms  as  such  authorities  may  impose. 


Be  it  further  enacted,  etc.: 

Incidental  rights.  §  6.  That  the  right  conferred  by 
this  law  upon  any  such  corporation  to  lay  its  pipe  lines 
under  and  across  public  lands  and  along  and  across 
public  highways,  streams  and  waters  and  streets  upon 
the  terms  stated,  shall  also  permit  said  corporation  avail- 
ing itself  of  such  right,  to  construct  and  maintain  along 
the  route  of  such  pipe  lines,  telegraph  and  telephone 
lines  incident  to  the  operation  of  such  pipe  lines. 
Be  it  further  enacted,  etc.: 

Preliminary  steps  to  right  of  expropriation.  §  7.  That 
no  such  corporation  shall  have  power  to  exercise  any 
right  of  expropriation  herein  conferred,  until  it  shall 
have  filed  with  the  secretary  of  State  a  resolution  of 
its  board  of  directors,  duly  certified  under  Its  seal,  con- 
senting and  agreeing  that  said  corporation  shall  be  a 
common  carrier  of  either  gas  or  oil,  or  both,  and  that 
It  shall  and  will  transport  that  product  whereof  it  has 
declared  itself  a  common  carrier,  for  all  persons  and 
corporations  up  to  the  capacity  of  its  pipe  line,  without 
discrimination   or  preference. 

FOREIGN  CORPORATIONS. 
ACT  No.  182  OF  1904,  p.  412. 

TRANSFER    OF    STOCK    IN    CORPORATION. 

ACT  No.  180  OF  1904,  p.  370. 

An  Act  to  establish  a  law  uniform  with  the  laws  of  other 
States    relative   to    the   transfer   of   stock   in   corpora- 
tions. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  Lou- 
isiana: 

That  the  delivery  of  a  stock  certificate  of  a  corpora- 
tion to  a  bona  fide  purchaser  or  pledges,  for  value,  to- 
gether with  a  written  transfer  of  the  same,  or  a  written 
power  of  attorney  to  sell,  assign  and  transfer  the  same, 
signed  by  the  owner  of  the  certificate,  shall  be  a  suffi- 
cient delivery  to  transfer  the  title  as  against  all  parties; 
but  no  such  transfer  shall  affect  the  right  of  the  corpora- 
tion to  pay  dividend  due  upon  the  stock,  or  to  treat  the 
holder  of  record  as  the  holder  in  fact,  until  such  transfer 
is  recorded  upon  the  books  of  the  corporation,  or  a  new 
certificate  is  issued  to  the  person  to  whom  it  has  been 
so  transferred.  Stock  certificates  of  corporations  are 
negotiable  instruments,  transferable  by  delivery,  when 
accompanied  with  a  written  transfer  of  the  certificate, 
or  a  written  power  to  sell,  assign  and  transfer  the  same. 


PUBLIC   SERVICE  LAWS  OF  MAINE 


STATUTE  LAW. 

Note. — The  provisions  for  the  formation  of  the  railroad 
commission  appear  in  §§  48,  et  seq.,  of  chapter  51  of  the 
Maine   Revised   Statutes   following: 

CHAPTER  51. 

THE    ORGANIZATION     AND    CONSTRUCTION    OF    STEAM    RAILROADS, 
CROSSINGS   AND  BRIDGES. 

Railroad  companies,  how  formed — Articles  of  association 
— Capital  stock — Gauge — Shares — Directors — Subscription. 
§  1.  Any  number  of  persons  not  less  than  10,  a  majority 
of  whom  shall  be  citizens  of  the  State,  may  form  a  com- 
pany for  the  purpose  of  constructing,  maintaining  and 
operating  a  railroad  for  public  use  in  the  conveyance 
of  persons  and  property  within  the  State,  and  for  that 
purpose  may  make  and  sign  articles  of  association  in 
which  shall  be  stated  the  name  of  the  company,  the 
gauge  of  the  road,  the  places  from  which  and  to  which 
the  road  is  to  be  constructed,  maintained  and  operated, 
the  length  of  such  road,  as  nearly  as  may  be,  and  the 
name  of  each  town  and  county  in  the  State  through 
■which  or  into  which  it  is  to  be  made;  the  amount  of  the 
capital  stock,  which  shall  not  be  less  than  $6,000  for 
every  mile  of  road  proposed  to  be  constructed  of  the 
gauge  of  four  feet  eight  and  a  half  inches,  nor  less  than 
$3,000  a  mile  for  a  narrower  gauge,  the  number  of  shares 
of  which  said  stock  shall  consist,  and  the  names  and 
places  of  residence  of  at  least  five  persons,  a  majority 
of  whom  shall  be  citizens  of  the  State,  who  shall  act  as 


directors  of  the  proposed  company,  and  manage  its 
affairs  until  others  are  chosen  in  their  places.  Each 
subscriber  shall  sign  his  name,  residence  and  the  number 
of  shares  which  he  agrees  to  take  in  said  company. 

Articles,  when  to  be  filed.  §  2.  Said  articles  of  associa- 
tion shall  not  be  filed  and  recorded  in  the.  manner  pro- 
vided in  the  following  section  until  the  capital  stock 
named  in  §  1  has  been  subscribed  thereto,  in  good  faith, 
by  responsible  parties,  and  5  per  cent  paid  thereon  In 
cash  to  the  directors  named  in  said  articles,  nor  until 
there  is  indorsed  thereon  or  annexed  thereto,  an  affidavit 
made  by  a  majority  of  the  directors  named  therein,  that 
the  amount  of  stock  required  by  this  section  has  been 
in  good  faith  subscribed,  and  5  per  cent  paid  thereon  in 
cash  as  aforesaid,  and  that  it  is  intended  in  good  faith 
to  construct,  maintain  and  operate  the  road  mentioned 
in  such  articles,  which  affidavit  shall  be  recorded  there- 
with as  aforesaid. 

Approval  of  articles  by  railroad  commissioners  —  When 
recorded,  secretary  of  State  shall  issue  a  certificate.  §  3. 
Said  directors  shall  present  to  the  board  of  railroad 
commissioners  a  petition  for  approval  of  said  articles 
of  association,  accompanied  with  a  map  of  the  proposed 
route  on  an  appropriate  scale.  The  board  of  railroad 
commissioners  shall,  on  presentation  of  such  petition 
appoint  a  day  for  a  hearing  thereon,  and  the  petitioners 
shall  give  such  notice  thereof  as  said  board  deems  rea- 
sonable and  proper,  in  order  that  all  persons  Interested 
may  hav.e  an  oppotunity  to  appear  and  be  heard  thereon. 


612 


National  Association  of  Railway  Commissioners 


i 


If  the  board  of  railroad  commissioners,  after  notice 
and  iiearing  the.  parties,  finds  that  all  the  provisions  of 
§§  1  and  2  have  been  complied  with,  and  that  public 
convenience  requires  the  construction  o£  such  railroad, 
said  board  shall  indorse  upon  said  articles  a  certificate 
of  such  facts  and  the  approval  of  the  board  in  writing. 
The  secretary  of  State  shall,  upon  payment  of  the  fees 
prescribed  by  §  5  of  chapter  47  cause  the  same,  with 
the  indorsement  thereon,  to  be  recorded,  and  shall  issue 
a  c'ertitcate  in  the  following  form:      [Form  omitted.] 

To  he  evidence  of  the  establishment  of  corporation — To 
he  recorded.  The  secretary  of  State  shall  sign  the  same 
and  cause  the  seal  of  the  State  to  be  thereto  affixed, 
and  such  certificate  shall  be  conclusive  evidence  of  the 
organization  and  establishment  of  such  corporation  at 
the  date  thereof.  The  secretary  shall  also  cause  a  record 
of  such  certificate  to  be  made,  and  a  certified  copy  of 
Buch  record  may  with  like  effect  as  the  original  certificate 
be  given  in  evidence  to  prove  the  existence  of  such  a 
corporation. 

First  meeting,  how  called.  §  4.  The  first  meeting  for 
the  purpose  of  organizing  such  corporation,  shall  be 
called  by  a  notice,  signed  by  five  or  more  of  the  sub- 
scribers to  such  articles  of  association,  stating  the  time, 
place  and  purpose  of  such  meeting,  a  copy  of  which 
notice  shall,  seven  days  at  least  before  the  day  appointed 
therefor,  be  given  to  each  such  subscriber,  or  left  at  his 
usual  place  of  business  or  residence,  or  deposited  In  the 
postoffice,  postpaid,  addressed  to  him  at  his  usual  place 
of  business  or  residence;  and  whoever  gives  such  notice 
shall  make  aflSdavit  of  his  doings,  which  shall  be  re- 
corded In  the  records  of  the  company. 

Capital  stock,  how  increased.  §  5.  If  the  capital  stock 
of  any  company  formed  under  the  foregoing  provisions 
is  found  to  be  insuflicient  for  constructing  and  equipping 
Its  road,  such  company  may  increase  the  same  from  time 
to  time,  to  any  amount,  for  the  purposes  aforesaid. 
Such  increase  must  be  sanctioned  by  a  vote,  in  person 
or  by  proxy,  of  two-thirds  in  amount  of  all  the  stock- 
holders at  a  meeting  thereof,  called  by  the  directors  for 
that  purpose. 

Petition  for  approval  of  location — Hearing  on  notice  to 
be  given — When  corporation  may  proceed  with  construction 
of  road.  §  6.  Every  corporation  organized  under  the  fore- 
going provisions,  before  commencing  the  construction  of 
its  road,  shall  present  to  the  board  of  railroad  commis- 
sioners a  petition  for  approval  of  Ication,  defining  Its 
courses,  distances  and  boundaries  accompanied  with  the 
map  first  presented,  and  with  a  profile  of  the  line  on 
the  relative  scales  of  profile  paper  in  common  use,  and 
with  a  report  and  estimate  prepared  by  a  skilful  engi- 
neer from  actual  survey.  The  board  of  railroad  commis- 
sioners shall,  on  presentation  of  such  petition,  appoint 
a  day  for  a  hearing  thereon,  and  the  petitioners  shall 
give  such  notice  thereof  as  said  board  deems  reasonable 
and  proper,  in  order  that  all  persons  interested  may  have 
an  opportunity  to  appear  and  object  thereto.  If  thd 
board  of  railroad  commissioners,  after  hearing  the  peti- 
tion, approves  the  proposed  location,  the  corporation  may 
proceed  with  the  construction  thereof;  provided,  that  they 
first  file  with  the  clerk  of  the  court  of  county  commis- 
sioners of  each  county  through  which  the  road  passes, 
a  plan  of  the  location  of  the  road,  defining  its  courses, 
distances  and  boundaries,  and  another  copy  of  the  same 
with  the  board  of  railroad  commissioners;  but  the  loca- 
tion so  filed  shall  not  vary,  except  to  avoid  expense  of 
construction,  from  the  route  first  presented  to  said  board, 
unless  said  variation  is  approved  by  them.  And  said 
location,  together  with  any  variation  made  therein,  shall 
be  filed  within  two  years  from  the  time  when  the  articles 
of  association  are  filed  in  the  office  of  the  secretary  of 
State;  provided,  however,  that  the  railroad  commissioners, 
upon  written  application  made  to  them,  may  extend  the 
time  of  filing  such  variations  in  their  discretion;  pro- 
vided, further,  that  no  railroad  shall  be  made  across 
tide  waters  where  vessels  can  navigate,  without  special 
permission   of   the   legislature   first  obtained. 

Building  of  road  to  be  begun  within  three  years.  §  7. 
If  any  corporation  formed  under  the  foregoing  sections 
does  not,  within  three  years  after  its  articles  of  associa- 
tion are  filed  and  recorded  in  the  office  of  the  secretary 
of  State,  begin  the  construction  of  its  road,  and  expend 


thereon  10  per  cent  of  its  capital,  its  corporate  existence 
and  power  shall  cease. 

Map  and  profile  of  road  to  be  filed  in  secretary  of  State't 
office.  §  8.  Every  corporation  organized  as  aforesaid  shall, 
within  one  year  after  any  part  of  its  road  has  been  con- 
structed and  opened  for  operation,  cause  to  be  made  a 
map  and  profile  thereof,  and  of  the  land  taken  or  ob- 
tained for  the  use  thereof,  and  file  the  same  in  the 
oflice  of  the  secretary  or  State;  also  like  maps  of  the 
parts  thereof  located  in  different  counties,  and  shall  file 
the  same  In  the  offices  for  recording  deeds  in  the  co>m- 
ties  in  which  such  parts  of  road  are.  Every  such  map 
shall  be  drawn  on  a  scale  and  on  paper  to  be  designated 
by  the  board  of  railroad  commissioners,  and  certified  and 
signed  by  the  president  and  engineer  of  the  corporation. 

Railroad  company  may  change  gauge.  §  9.  Any  railroad 
corporation  formed  under  the  foregoing  sections,  desir- 
ing to  change  the  gauge  of  its  road,  shall  by  vote,  in- 
crease its  capital  stock  to  the  amount  required  by  8 1 
of  this  chapter,  if  the  existing  capital  be  not  equal  to 
such  amount,  and  shall  present  to  the  board  of  railroad 
commissioners  a  written  application,  subscribed  a  ad 
sworn  to  by  a  majority  of  its  directors,  setting  forth  ttie 
desire  of  the  petitioners,  and  that  the  increased  amount 
of  capital  stock  has  been  in  good  faith  subscribed  ly 
responsible  persons,  and  that  5  per  cent  thereof  has  bejn 
paid  in,  in  cash,  to  the  treasurer  of  such  corporaticn. 
If  such  application  be  approved  by  the  board  of  railroad 
commissioners,  such  corporation  shall  make  and  file  a 
new  location,  as  provided  by  §  8  of  this  chapter. 

Railroad  commissioners  may  revive  lapsed  charter.  §  ]  0. 
The  board  o£  railroad  commissioners  may  revive  the  c(  r- 
porate  existence  and  power  of  any  railroad  corporation, 
organized  under  the  foregoing  sections,  which  may  ha  e 
ceased  by  failure  of  the  corporation  to  file  its  location, 
or  to  begin  the  construction  of  its  road  within  the  tine 
limited  by  law,  on  application  made  by  the  directors  )f 
said  corporation  to  the  board  of  railroad  cmmissoinei  s. 
In  the  manner  provided  in  §  9. 

Petition  for  legislative  incorporation,  contents.  §  1 1. 
When  a  petition  for  a  railroad  corporation  is  present*  d 
to  the  legislature,  it  must  state  the  places  where  tl  e 
road  is  to  begin  and  end,  the  distance  between  them,  1  s 
general  course,  and  the  names  of  the  towns  throuf  h 
which  it  may  pass. 

Company  may  fix  number  of  directors.  §  12.  Any  ra:  1 
road  company  may  at  its  annual  meeting  fix  the  nui  i- 
her  of  its  directors ;  provided,  that  In  the  call  for  sa  d 
meeting  notice  is  given  of  an  Intention  to  act  upon  sa  d 
subject. 

Any  stockholder  at  any  meeting  may  call  for  stock  vot ;. 
§  13.  Any  stockholder,  or  representative  of  any  stoc  ;- 
holder  in  any  railroad  company,  may  call  for  a  sto(  k 
vote  thereof  at  any  meeting  of  its  stockholders,  on  ar  y 
question  legally  before  it,  anything  in  the  charter  or  b  •- 
laws  of  such  company  to  the  contrary  notwithstanding. 

Railroad  corporations  may  extend  roads.  §  14.  Ar  y 
railroad  corporation  of  this  State  may  be  allowed  to  ec- 
tend  its  road  to  other  points  or  places,  on  application  io 
the  board  of  railroad  commissioners,  as  provided  in  §  9,  at  d 
by  conforming  to  the  general  railroad  laws  of  the  Stat  >, 
so  far  as  the  same  may  be  applicable. 

Use  of  electricity.     §  15.     Any   railroad   corporation 
this  State  may  operate  its  road  by  electricity. 

Railroad  corporations  may  aid  branch  or  connectir<g 
road.  §16.  Any  railroad  corporation,  wholly  organized 
under  the  laws  of  this  State,  at  any  time  when  it  hj  s 
paid  dividends  for  the  preceding  three  years,  may,  ty 
vote  of  its  directors,  authorized  or  confirmed  by  a  two- 
thirds  vote  of  Its  stockholders,  at  a  meeting  notified 
for  the  purpose,  aid  in  the  construction  or  equipment  ut 
a  branch  of  its  railroad,  or  In  the  construction  or  equi)- 
ment  of  a  connecting  railroad,  and  may  own  and  hold 
the  securities  or  stock  of  such  branch  or  of  such  con- 
necting railroad;  and  the  parties  may  make  such,  leasts 
or  mortgages  as  they  deem  necessary  to  secure  their 
respective  interests. 

May  hold  shares  in  another  road.  §  17.  A  railroad  cor- 
poration, which  has  a  lease  of,  or  which  operates  the 
railroad  of  another  railroad  corporation  may  purchase 
and  hold  shares  of  the  capital  stock  of  such  corporation. 


rt 


Public  Service  Laws 


613 


May  increase  holdings.  §  18.  A  railroad  corporation, 
which  owns  a  majority  of  the  capital  stock  of  another 
railroad  corporation,  may  purchase  and  hold  additional 
shares   of   the    capital   stock   of   such   corporation. 

A  raih'oad  corporation  may  increase  its  capital  stock 
ieyond  amount  first  authorized.  §  19.  A  railroad  corpora- 
tion for  the  purpose  of  building  a  branch  railroad  track 
which  it  is  or  may  be  authorlbed  to  build,  or  of  aiding 
in  the  construction  of  another  railroad  pursuant  to  law, 
or  of  building  stations,  or  of  abolishing  grade  crossings, 
or  of  making  permanent  improvements,  or  of  paying  its 
floating  debt,  or  of  paying  its  funded  debt,  or  for  the 
payment  of  money  borrowed  for  any  lawful  purpose, 
or  for  the  purchase  of  shares  of  the  capital  stock  of  any 
railroad  corporation  whose  railroad  is  leased  to  or 
operated  by  it,  or  for  the  purchase  of  shares  of  the  cap- 
ital stock  of  any  railroad  corporation  of  which  capital 
stock  it  owns  a  majority,  or  for  improving  the  alignment 
of  its  road,  or  for  acquiring  land  for  and  laying  new 
tracks,  or  for  other  necessary  and  lawful  purposes,  not 
named  in  §  5,  from  time  to  time,  with  the  approval  of 
the  railroad  commissioners  as  hereinafter  provided,  may 
Increase  its  capital  stock  beyond  the  amount  fixed  by 
law,  provided  such  increase  shall  first  be  authorized  by 
vote  of  a  majority  of  stock  present  or  represented,  at  a 
legal  meeting  of  the  corporation  duly  called  for  that  pur- 
pose. 

Railroad  comm,issioners  to  grant  certificate,  to  J)e  filed 
in  office  of  secretary  of  State — Proceeds  used  for  specific 
purposes  only.  §  20.  Upon  petition  of  the  directors  of  the 
railroad  corporation  to  the  board  of  railroad  commission- 
ers, the  amount  of  such  increase  after  such  notice  by 
publication  as  the  commissioners  shall  order,  and  after 
hearing,  shall  be  determined  by  said  commissioners,  who 
shall  within  30  days  after  final  hearing  of  said  petition, 
file  in  the  office  of  the  secretary  of  State  a  certificate 
showing  the  amount  of  increase  authorized  and  the  pur- 
poses for  which  the  proceeds  of  said  new  stock  may  be 
used;  and  the  company  shall  not  apply  such  increase  or 
the  proceeds  thereof  to  any  purpose  not  specified  in 
said  certificate,  and  may  be  enjoined  from  so  doing  by 
any  justice  of  the  supreme  judicial  court  upon  applica- 
tion  of  the   board   or  of  any   interested   party. 

When  stock  is  increased  it  shall  be  offered  to  stockhold- 
ers proportionately.  §  21.  Whenever  a  railroad  corpora- 
tion increases  its  capital  stock  under  the  provisions  of 
'the  preceding  section,  the  new  shares  to  the  number 
necessary  to  produce  the  amount  necessary  for  the  pur- 
poses for  which  such  increase  is  authorized  shall  be 
offered  proportionately  to  its  stockholders  at  not  less 
than  the  market  value  thereof  at  the  time  of  increase, 
as  shall  be  determined  by  the  board  of  railroad  commis- 
sioners, taking  into  account  previous  sales  of  stock  of  the 
corporation  and  other  pertinent  conditions.  The  di- 
rectors shall  cause  written  notice  of  such  increase  to  be 
given  to  each  stockholder  who  was  such  at  the  date  of 
the  vote  to  increase,  stating  the  amount  of  such  in- 
crease and  the  proportion  thereof  in  shares  or  portions 
of  shares  which  he  would  be  entitled  to  receive  on  a 
division  of  the  same,  and  the  price  fixed  by  the  railroad 
commissioners  as  hereinbefore  provided  at  which  he  is 
entitled  to  take  the  same,  and  fixing  a  time,  not  less 
than  15  days  from  the  date  of  such  notice,  within  which 
he  may  subscribe  for  such  additional  stock;  and  each 
stockholder  may,  within  the  time  fixed,  subscribe  for  his 
portion  of  such  stock,  and  the  same  shall  be  paid  for 
In  cash  on  the  issue  of  a  certificate  therefor. 

When  stock  may  be  disposed  of  without  offering  same  to 
stockholders — Shares  unsubscribed  for  shall  be  sold  at  auc- 
tion— Where  such  stock  may  be  sold — Public  notice  of  time 
and  place  of  sale  shall  be  given.  Provided,  that  when  the 
Increase  in  the  capital  stock  does  not  exceed  4  per  cent 
of  the  existing  capital  stock  of  the  corporation,  the 
directors  may  dispose  of  the  same  in  the  manner  here- 
inafter provided  in  this  section  without  first  offering  the 
same  to  the  stockholders.  If,  after  the  expiration  of 
the  notice  above  provided  for,  any  shares  of  such  stock 
remain  unsubscribed  for  by  the  stockholders  entitled  to 
take  them,  the  directors  shall  sell  the  same  at  auction. 
All  shares  of  stock  to  be  disposed  of  at  auction  under 
the  provisions  of  this  section  shall  be  offered  for  sale 
to  the  highest  bidder  in  the  city  of  Boston,  or  in  such 
city  or  town  as  may  be  prescribed  by  the  railroad  com- 


missioners; and  notice  of  the  time  and  place  of  such 
sale  shall  be  published  at  least  five  times  during  the  10 
days  immediately  preceding  the  time  fixed  for  the  sale, 
in  such  daily  newspapers,  not  less  than  three  in  number, 
as  may  be  prescribed  by  the  commissioners.  No  shares 
shall  be  sold  or  issued  for  a  less  sum,  to  be  actually 
paid  in  cash,  than  the  par  value  thereof. 

Penalty  for  issuing  stock  contrary  to  the  provisions  of 
§§  19-2J.  §  22.  Any  member  of  the  board  of  directors,  or 
any  treasurer  or  other  officer  or  agent  of  any  railroad 
company,  who  knowingly  votes  to  authorize  the  issue  of, 
or  knowingly  signs,  certifies  or  issues,  stock  authorized 
by  the  provisions  of  the  three  preceding  sections,  con- 
trary to  such  provisions  or  who  knowingly  votes  to 
authorize  the  applicatin  of,  or  knowingly  applies  the  pro- 
ceeds of  such  stock  contrary  to  the  provisions  of  said 
sections,  or  who  knowingly  votes  to  assume  or  incur,  or 
who  knowingly  assumes  or  incurs,  in  the  name  or  behalf 
of  such  corporation,  any  debt  or  liability  except  for  the 
legitimate  purposes  of  the  corporation,  shall  be  punish- 
able by  a  fine  not  exceeding  $1,000,  or  by  imprisonment 
not  exceeding  one  year,  or  by  both  fine  and  imprison- 
ment. 

Powers  of  railroad  corporations  under  existing  law  not 
affected.  §  23.  Nothing  contained  in  the  six  preceding  sec- 
tions shall  be  construed  as  a  repeal  of  any  of  the  powers 
conferred  upon  any  railroad  corporation  under  any  other 
provision  of  law. 

REAL  ESTATE,   HOW  AND  FOE  WHAT  PURPOSES  TAKEN. 

Land  may  be  bought  or  taken  for  what  purposes.  §  24.  • 
A  railroad  corporation  for  the  location,  construction,  re- 
pair and  convenient  use  of  its  road  may  purchase,  or 
take  and  hold,  as  tor  public  uses,  land  and  all  materials 
in  and  upon  it;  through  woodland  and  forest  the  land 
so  taken  shall  not  exceed  six  rods  in  width  unless  neces- 
sary for  excavation,  embankment  or  materials,  and 
through  all  land  other  than  woodland  and  forest,  the 
land  so  taken  shall  not  exceed  four  rods  in  width  unless 
necessary  for  excavation,  embankment  or  materials. 

Location  to  be  filed  and  recorded — Remedy  for  defective 
location  —  Subscriptions,  when  released  by  new  location — 
Proceedings  before  county  commissioners  —  Portion  com- 
pleted not  affected  by  limitation  in  charter.  §  25.  The  rail- 
road shall  be  located  within  the  time  and  substantially 
according  to  the  description  in  its  charter;  and  the 
location  shall  be  filed  with  the  county  commissioners, 
who  shall  indorse  the  time  of  filing  thereon,  and  order 
said  location  recorded.  When  a  corporation,  by  its  first 
location,  fails  to  acquire  the  land  actually  embraced  in 
its  roadway,  or  the  location  as  recorded  is  defective  or 
uncertain,  it  may,  at  any  time,  correct  and  perfect  its 
location,  and  file  a  new  description  thereof;  and  in 
such  case  it  is  liable  in  damages,  by  reason  of  such 
new  or  amended  location,  only  for  land  embraced  therein 
for  which  the  owner  had  not  previously  been  paid.  Any 
subscriber  to  the  stock,  alleging  that  it  has  not  been 
located  according  to  its  charter,  may,  before  payment 
of  his  subscription,  make  written  application  to  the 
county  commissioners  in  the  county  where  the  deviation 
is  alleged,  stating  it,  who,  after  14  days'  notice  to  the 
corporation,  and  upon  a  view  and  hearing,  shall  deter- 
mine whether  it  has  been  located  as  required;  if  they 
determine  that  it  has  been,  no  such  defense  shall  be 
made  to  any  process  to  enforce  payment;  if  they  de- 
termine that  it  has  not,  the  subscription  of  such  ap- 
plicant is  void.  The  prevailing  party  recovers  costs. 
Provisions  in  railroad  charters,  whenever  granted,  limiting 
the  time  within  which  such  railway  shall  be  completed,  shall 
not  affect  the  portion  thereof  completed  within  such 
time;  and  all  charters  under  which  railroads  have  been 
constructed  for  a  portion  of  the  line  authorized  thereby 
are  confirmed  and  made  valid  as  to  such  portion. 

Company  may  take  additional  land  for  improving  its 
roadbed,  stations,  repair  shops,  etc. — Railroad  commission- 
ers to  decide  disputes  as  to  necessity  therefor;  and  to  give 
certificate,  to  be  recorded. — Proviso.  §  26.  Any  railroad 
corporation  may  also  purchase  or  take  and  hold,  as  for 
public  uses,  additional  land  at  any  time  required  for  the 
purpose  of  improving  the  alignment  of  its  road,  or  for 
double  tracking  its  road,  also  land  for  borrow  and 
gravel   pits,   necessary   tracks,   side-tracks,    stations,   coal- 


614 


National  Association  of  Eailway  Commissioners 


sheds,  wcod-sheds,  repair-shops,  and  car,  engine  and 
freight  houses;  but  if  the  owner  of  said  land  does  not 
consent  thereto,  or  if  the  parties  do  not  agree  as  to 
the  necessity  therefor  or -the  area  necessary  to  be  taken, 
the  corporation  may  malte  written  application  to  the 
railroad  commissioners,  describing  the  estate,  and  nam- 
ing the  persons  interested;  the  commissioners  shall 
thereupon  appoint  a  time  for  the  hearing  near  the  prem- 
ises, and  require  notice  to  be  given  to  the  persons 
Interested,  as  they  may  direct,  14  days  at  least  before 
said  time;  and  shall  then  view  the  premises,  hear  the 
parties  and  determine  how  much,  if  any,  of  such  real 
estate  is  necessary  for  the  reasonable  accommodation 
of  the  traffic  and  appropriate  business  of  the  corpora- 
tion. If  they  find  that  any  of  it  is  so  necessary,  they 
shall  furnish  the  corporation  with  a  certificate  contain- 
ing a  definite  description  thereof;  and  when  such  cer- 
tificate is  filed  with  the  clerk  of  the  courts  in  the  county 
where  the  land  lies,  the  land  shall  be  deemed  and  treated 
as  taken;  provided,  however,  that  when  land  is  held 
by  a  tenant  for  life,  and  the  reversion  is  contingent  as 
to  the  persons  in  whom  it  may  vest  on  the  termination 
of  the  life  estate,  such  fact  shall  be  stated  in  the 
application,  and  the  commissioners  shall,  in-  addition  to 
the  notice  to  the  tenant  for  life,  give  notice  by  publica- 
tion to  all  others  interested,  in  such  manner  as  they 
deem  proper. 

Change  in  location  of  railroad.  §  27.  Any  railroad  cor- 
poration, under  the  direction  of  the  railroad  commis- 
sioners, may  make  any  changes  in  the  location  of  its 
road  which  it  deems  necessary  or  expedient,  and  such 
changes  shall  be  recorded  where  the  original  location 
was  required  by  law  to  be  recorded. 

May  take  land  necessary  for  making  any  change.  §  28. 
Any  railroad  corporation  may  purchase,  or  take  and  hold,  as 
for  public  uses,  land  and  materials  necessary  for  making 
any  changes  authorized  by  the  preceding  section,  in  the 
manner  authorized  by  its  charter  or  the  general  pro- 
visions of  law,  and  may  cross  highways  and  town  ways 
In  accordance  with  the  provisions  of  law  regulating  such 
crossings. 

Limitation  of  right  to  enter  on  or  take  land.  §  29.  The 
land  taken  shall  not  be  entered  upon  except  to  make 
surveys,  before  the  location  has  been  filed,  and  the  dam- 
ages estimated  and  secured  as  hereinafter  provided; 
and  no  railroad  corporation  shall  take,  without  consent 
of  the  owners,  meeting-houses,  dwelling-houses  or  public 
or  private  burying-grounds. 

Railroad  companies  may  luild  'branch  tracks  to  mills, 
■mines,  quarries,  gravel  pits  and  factories.  §  30.  Any  rail- 
road corporation,  under  the  direction  of  the  railroad 
commissioners,  may  locate,  construct  and  maintain 
branch  railroad  tracks  to  any  mills,  mines,  quarries, 
gravel-pits  or  manufacturing  establishments  erected  in 
any  town  or  township,  through  which  the  main  line  of 
said  railroad  is  constructed,  but  not  within  any  city 
without  the  consent  of  the  city  council,  and  for  that 
purpose  said  corporation  shall  have  all  the  powers  and 
rights  granted,  and  be  subject  to  all  the  duties  imposed 
upon  it  by  its  charter. 

Damages  to  he  estimated  by  county  commissioners — 
Guardian  may  release  damages — Persons  having  any  inter- 
est deemed  owners — Damages  and  costs,  how  secured.  §  31. 
■  For  real  estate  so  taken,  the  owners  are  entitled  to 
damages  to  be  paid  by  the  corporation  and  estimated 
by  the  county  commissioners,  on  written  application 
of  either  party,  made  within  three  years  after  filing 
the  location,  or  if  proceedings  thus  commenced  fail  for 
causes  not  affecting  the  merits,  new  ones  may  be  com- 
menced within  one  year  thereafter;  and  when  no  esti- 
mate is  made  within  such  time,  the  owner  may  main- 
tain an  action  of  trespass,  or  have  any  remedy  herein 
provided.  The  guardian  of  a  person  incapable  of  giving 
a  valid  conveyance,  whose  land  is  taken,  may  settle 
and  give  a  valid  release  for  damages;  and  persons 
having  any  interest  in  such  land  have  the  rights  and 
remedies  of  owners  to  the  extent  of  their  interest.  When 
requested  by  the  owner,  said  commissioners  shall  re- 
quire the  corporation  to  give  security  for  the  payment 
of  damages  and  costs,  by  depositing,  at  its  risk,  with 
the  clerk,  specie,  notes  or  obligations  of  a  State  or 
public   corporation,  or  other  security  satisfactory  to   the 


party  requiring  it.  When  entitled  to  it,  so  much  of 
any  specie  so  deposited  shall  be  paid  to  him,  as  will 
satisfy  his  judgment.  Notes  or  obligations  so  deposited 
shall  be  delivered  to  the  officer  having  a  warrant  of 
distress,  to  be  by  him  sold  as  personal  property  is 
sold  on  execution,  to  satisfy  the  warrant  and  fees,  and 
any  balance  shall  be  paid  to  the  treasurer  of  the  cor- 
poration. When  it  neglects  for  more  than  30  days  to 
give  the  security  required,  the  owner  is  entitled  to  the 
remedies   by   injunction   herein   provided. 

Notice  on  petitions  for  assessment  of  damages.  |  32. 
In  all  cases  of  petition  to  the  commissioners  of  any 
county  praying  for  the  assessment  of  damages  on  account 
of  any  railroad  corporation  having  taken  lands  therein, 
the  notice  to  the  adverse  party  of  the  time  and  place 
of  the  hearing  thereon,  shall  be  a  personal  notice  of 
14  days,  or  by  publication  of  the  petition  and  order  of 
notice  thereon  in  some  newspaper  published  in  said 
county,  two  weeks  successively,  the  last  publication  to 
be  14  days  before  said  hearing. 

Cattle  guards  and  passes  to  be  made  and  maintained  by 
road.  §  33.  Said  commissioners  shall  order  the  corpora- 
tion to  make  and  maintain  such  cattle  guards,  cai;tle 
passes  and  farm  crossings  as  they  thing  reasonable; 
prescribe  the  time  and  manner  of  making  them,  and 
consider  this  work  in  awarding  pecuniary  damages;  snd 
if  the  corporation,  after  48  hours'  notice  in  writing  to 
its  president  or  superintendent,  neglects  to  commence 
the  work  or  complete  it  within  a  reasonable  time,  he 
owner  may  apply  to  the  Supreme  Judicial  Court,  End 
the  court,  after  due  notice  to  said  corporation,  stall 
issue  all  necessary  processes  to  enforce  the  spec  flc 
performance  of  such  orders,  or  restrain  it  by  injuncti(n; 
or  the  party  Interested  may  recover,  in  an  action  on 
the  case,  double  the  damage  that  he  has  sustained  by 
such   neglect. 

County  commissioners,  in  awarding  damages  for  prip- 
erty  taken  by  railroad,  may  prescribe  terms  and  conditiois. 
§  34.  Said  commissioners  in  awarding  damages  for  la  nd 
or  other  property  taken  by  any  railroad  company  m  ly, 
on  the  application  of  such  railroad  company,  prescr  be 
such  terms  and  conditions,  in  all  respects,  for  the  i  se 
of  the  land  or  property  taken,  by  the  owners  thert  it, 
and  the  railroad  company,  resi)ectively,  as  will  seci  re 
the  best  accommodation  of  the  owners,  and  the  pro]  er 
and  convenient  use  of  the  same  by  such  railroad  cc  tn- 
pany.  In  case  of  appeal  by  either  party,  the  only  qu  ;s- 
tion  in  issue  shall  be  the  amount  or  measure  of  dama!  es 
on  the  terms  and  conditions  Imposed  by  the  comn  is- 
sioners. 

Com,missioners  to  report  damages  and  rights  of  ec  cJk 
party — Notice — Expenses.  §  35.  Said  commissioners  sh  vll 
at  a  regular  session  make  a  report  of  their  general  ei  tl- 
mate  of  damages,  stating  therein  specifically  the  ter  ns 
and  conditions  Imposed  by  them  and  the  rights  and  o"  ill- 
gations  of  each  party,  and  cause  it  to  be  recorded;  th  sir 
clerk  shall  then  make  out  a  notice  to  each  person,  stating 
the  amount  of  damages  awarded  to  him,  which  shall  be 
served  by  an  officer  on  those  resident  in  the  State,  and 
upon  others,  if  any,  by  a  publication  three  weeks  s  ic- 
cessively  in  a  newspaper  printed  in  the  county,  if  aiy, 
if  not,  in  the  State  paper.  The  expense  of  notices  shxU 
be  added  to  the  costs  of  the  proceedings  and  paid  acco  -d- 
ingly.  The  commissioners  shall  be  paid  the  same  for  thjir 
services  as  In  cases  of  highways;  and  in  cases  betwten 
the  owners  and  occupants  of  lands  and  corporations,  tl  ey 
shall  be  paid  by  the  corporation. 

Appeal  from,  decision  of  county  commissioners,  lolen 
made — Damages,  how  determined — Notice  of  appeal,  hyio 
made.  §  36.  Any  person  aggrieved  by  the  decision  or  ju  ig- 
ment  of  the  county  commissioners  in  relation  to  damajcea 
for  land  taken  for  railroad  purposes,  may  appeal  to  ihe 
next  term  of  the  Supreme  Judicial  Court  to  be  held  in  ihe 
county  where  the  land  is  situated,  more  than  30  days  frjm 
the  day  when  the  report  of  the  commissioners  is  made,  ex- 
cluding the  day  of  the  commencement  of  the  session  of 
said  court,  which  court  shall  determine  the  same  by  a 
committee  of  reference  if  the  parties  so  agree,  or  bj  a 
verdict  of  its  jury,  and  shall  render  judgment  and  issue 
execution  for  the  damages  recovered,  with  costs  to  th« 
party  prevailing  In  the  appeal,  but  no  committee  or  jury 
shall  alter  the  requirements  In  the  report  of  the  commls- 


Public  Service  Laws 


615 


sioners.  The  appellants  shall  serve  written  notice  of  such 
appeal  upon  the  opposite  party  14  days  at  least  before  the 
session  of  said  court,  and  shall  at  the  first  term  file  a 
complaint  setting  forth  substantially  the  facts  of  the  case. 
On  the  trial,  exceptions  may  be  taken  as  in  other  cases. 
Company  may  deposit  damages,  interest  and  costs.  §  37. 
When  the  proceedings  are  closed,  the  corporation  may 
deposit  with  the  clerk  the  amount  of  damages,  with  inter- 
est thereon  from  the  time  when  the  estimation  was  re- 
corded, and  legal  costs,  in  full  satisfaction  therefor,  unless 
a  demand  had  been  previously  made  and  payment  neg- 
lected. 

When  damages  are  not  paid,  bill  in  equity  may  be  filed 
and  injunction  issued.  §  38.  When  the  damages  remain 
unpaid  for  more  than  30  days  after  they  are  due  and 
demanded,  a  bill  in  equity  may  be  filed  in  court,  in  term 
time  or  vacation,  by  the  person  entitled  to  them,  pray- 
ing for  an  injunction  against  the  use  or  occupation  of  his 
land  taken.  If  proceedings  for  an  estimation  of  damages 
are  not  commenced  within  three  years  and  the  owner  of 
the  land  files  a  bill  praying  therefor,  the  court  may  esti- 
mate the  damages,  decree  their  payment  and  issue  an  exe- 
cution therefor;  and  the  plaintiffs  shall  be  entitled  to  a 
bill  for  an  injunction;  and  in  either  case,  any  justice  of 
the  court,  after  summary  notice  to  the  corporation  and 
upon  proof  of  the  facts,  may,  without  any  bond  filed,  issue 
an  injunction  prohibiting  such  use  and  occupation  until  all 
damages  and  costs  are  paid.  The  bill  shall  be  entered, 
service  of  it  made,  and  continued  at  the  next  term  after 
the  injunction  is  issued.  At  the  second  term,  if  payment 
has  not  been  made,  the  injunction  may  be  made  absolute; 
and  all  rights  acquired  by  taking  the  land,  and  all  rights 
of  property  in  and  to  whatever  has  been  placed  upon  it, 
cease,  and  the  owner  may  maintain  an  action  for  its 
recovery  and  protection. 

Service  of  process  and  notices.  §  39.  Service  of  proc- 
ess and  notice  may  be  made  upon  the  president  of  the  cor- 
poration; when  no  president,  upon  any  of  its  offlcers;  and 
when  no  officer,  upon  a  stockholder.  Service  of  an  in- 
junction issued  against  any  person,  whether  a  party  to 
the  bill  or  not,  may  be  made  upon  him,  and  he  shall  be 
liable  to  all  the  penalties  and  consequences  provided  for 
a  breach  of  it. 

Proceedings  for  breach  of  injunction.  §  40.  The  court 
may  order  persons  violating  such  injunction,  after  service, 
or  using  the  land,  to  show  cause,  at  a  time  fixed,  why  a 
decree  should  not  be  entered  and  execution  issued  against 
them  individually,  and  their  goods  and  estate,  for  the 
damages,  interest,  costs,  and  for  additional  damages  and 
costs  for  breach  of  the  injunction.  Upon  service  and 
return  of  such  order,  the  court  may  enter  such  decree  as  is 
just  and  equitable  against  such  persons,  and  issue  execution 
accordingly;  or  may  proceed  against  them  as  for  breach 
of  injunction  in  other  chancery  cases. 

TOWNS    MAY  AID  IN   THE   CONSTBUCTION   OF   RAILROADS. 

City  or  town  may  aid  in  construction  of  road  —  May 
make  contracts — Tote,  how  taken  and  declared — Duty  of 
clerk  and  of  toicn  officers.  §  41.  A  city  or  town,  by  a  two- 
thirds  vote,  at  any  legal  meeting  called  for  the  purpose, 
may  raise  by  tax  or  loan,  from  time  to  time,  or  all  at 
once,  a  sum  not  exceeding  in  all  5  per  cent  on  its  regular 
valuation  for  the  time  being,  to  aid  in  the  construction  of 
railroads,  in  such  manner  as  it  deems  proper,  and  for  such 
purpose  may  contract  with  any  person  or  railroad  corpora- 
tion. At  such  meetings  the  legal  voters  shall  ballot,  those 
in  favor  of  the  proposition  voting  "Yes,"  and  those  op- 
posed, voting  "No."  The  ballots  cast  shall  be  sorted, 
counted  and  declared  in  open  town  meeting,  and  recorded, 
and  the  clerk  shall  make  return  thereof  to  the  municipal 
officers,  who  shall  examine  such  return,  and  if  two-thirds 
of  the  ballots  cast  are  in  favor  of  the  proposition,  said 
officers  shall  forthwith  proceed  to  carry  the  same  into 
effect. 

Provisions  for  payment  of  loan.  §  42.  A  city  or  town 
rai^ng  money  by  loan  as  aforesaid  or  under  authority 
conferred  by  special  Act  of  the  legislature,  shall  raise  and 
pay  or  fund  besides  the  interest,  each  year  after  the 
third,  not  less  than  3  per  cent  of  the  principal.  Any  city 
or  town  receiving  money,  bonds,  certificates  of  indebted- 
ness or  other  evidence  of  debt  in  consideration ,  of  ex- 
change, release  or  sale  of  its  securities  held  to  Indemnify 
said  city  or  town  for  having  loaned  its  credit,  or  issued 


its  bonds  in  aid  of  any  railroad,  shall  hold  such  money, 
bonds,  certificates  of  indebtedness,  or  other  evidence  of 
debt  or  the  proceeds  thereof  as  a  trust  fund  to  liquidate 
such  outstanding  liabilities  so  long  as  they  may  continue. 

How  meetings  in  cities  shall  be  called,  etc.  §  43.  Meet- 
ings for  the  purposes  aforesaid  in  cities  shall  be  called 
by  the  municipal  officers,  on  the  order  of  the  common 
council,  like  meetings  for  the  election  of  city  officers; 
and  said  council  shall  set  forth  in  their  order  the  sub- 
stance of  the  proposition  to  be  inserted  in  the  warrant. 
At  such  meetings,  the  voters  shall  vote  in  wards  by  ballot, 
those  in  favor  of  the  proposition  in  the  warrant  voting 
"Yes,"  and  those  opposed,  voting  "No,"  and  the  ballots 
cast  shall  be  sorted,  counted  and  declared  in  open  ward 
meeting,  and  recorded;  the  clerks  shall  make  returns 
thereof  to  the  municipal  officers,  who  shall  examine  the 
same;  and  if  two-thirds  of  the  ballots  cast  are  in  favor 
of  the  proposition,  said  officers  shall  forthwith  proceed  to 
carry  it  into  effect.  Lists  of  voters  for  use  at  such  meet- 
ings shall  be  prepared  in  the  same  manner  as  for  meet- 
ings for  elections  of  town  or  city  officers,  and  such  lists 
shall  be  used  at  all  meetings  held  under  this  section  and 
§  41. 

To  vote  only  once  a  year  on  same  question.  §  44.  When- 
ever a  city  or  town  has  voted  at  any  legal  meeting  thereof 
upon  any  question  of  loaning  its  credit  to,  or  taking  stock 
in,  or  in  any  way  aiding  any  person  or  corporation,  said 
city  or  town  shall  not  vote  again  upon  the  same  subject, 
except  at  its  annual  meetings. 

Town  agents  may  vote  on  town  stock.  §  45.  When  a 
city  or  town  holds  stock  in  a  railroad,  the  municipal 
offlcers  thereof,  or  an  agent  appointed  by  them  In  writing, 
may  vote  thereon  at  any  meeting  of  the  corporation.    . 

Railroads  owned  in  part  by  towns,  eligibility  of  citizens 
as  directors.  §  46.  Whenever  any  city  or  town  in  the  State, 
in  Its  corporate  capacity,  holds  one-fifth,  or  more,  of  the 
shares  in  the  capital  stock  of  any  railroad  incorporated 
by  the  legislature,  any  citizen  thereof,  being  a  free-holder 
and  resident  therein,  is  eligible  as  a  director  of  such  rail- 
road company. 

CONTEACTOBS'   LABORERS  PROTECTED. 

Liability  of  railroad  companies  for  payment  of  laborers 
— Termination  of  liability.  §  47.  Every  railroad  company, 
In  making  contracts  for  the  building  of  its  road,  shall  re- 
quire suflicient  security  from  the  contractors  for  the  pay- 
ment of  all  labor  thereafter  performed  In  constructing  the 
road  by  persons  In  their  employment;  and  such  company 
is  liable  to  the  laborers  employed,  for  labor  actually  per- 
formed on  the  road,  if  they,  within  20  days  after  the  com- 
pletion of  such  labor,  in  writing,  notify  its  treasurer  that 
they  have  not  been  paid  by  the  contractors.  But  such 
liability  terminates  unless  the  laborer  commences  an 
action  against  the  company,  within  six  months  after 
giving  such  notice. 

THE  BAILB0Ar>  COMMISSIONERS. 

Railroad  commissioners,  their  appointment  and  tenure — 
Qualification— Shall  keep  record — Expenditures  —  Appoint- 
ment and  duties  of  clerk  and  assistant  clerk.  §  48.  The 
governor,  with  the  advice  and  consent  of  the  council,  shall 
appoint  three  railroad  commissioners  who  shall  act  as  a 
board  and  hold  their  offices  for  three  years;  one  of  them 
shall  be  learned  in  the  law  and  appointed  and  commis- 
sioned as  chairman;  one  of  them  shall  be  a  civil  engineer 
who  shall  have  had  experience  in  the  construction  of 
railroads;  and  the  third  shall  have  had  experience  in  the 
management  and  operation  of  railroads.  Said  board  shall 
be  provided  with  an  office  and  suitable  rooms  for  hearing 
In  which  its  records  shall  be  kept;  the  board  may  expend 
a  sum  not  exceeding  $3,200  annually  in  procuring  neces- 
sary books,  maps,  stationery  and  statistics,  and  In  defray-- 
ing  expenses  incidental  and  necessary  to  the  discharge  of 
Its  duties  and  procuring  the  assistance  of  a  mechanical 
expert  in  the  examination  of  iron  bridgjes.  A  statement 
of  such  expenses  shall  accompany  its  annual  report.  Said 
board  shall  also  have  a  clerk  and  an  assistant  clerk,  both 
of  whom  shall  be  appointed  by  the  governor  on  the  recom- 
mendation of  the  board.  The  clerk  shall  keep  a  full  and 
minute  record  of  the  proceedings  of  the  board;  the  as- 
sistant clerk  shall  assist  the  clerk  in  the  performance  of 
his  duties,  and  In  the  absence  of  the  clerk  shall  have  the 
same  powers  as  the  clerk. 


616 


National  Association  of  Eailway  Commissioners 


Annual  reports — Form — Penalty  for  neglecting  to  make 
return.  §  49.  Every  railroad  corporation  shall,  by  Septem- 
ber 1,  make  an  annual  return  to  the  railroad  commissioners 
of  its  operations  for  each  year  ending  June  30,  verified 
by  the  oath  of  its  treasurer,  which  return  shall  be  in  the 
form  required  to  be  made  for  the  same  year  to  the  Inter- 
state Commerce  Commission  of  the  United  States,  with 
such  additions  for  any  year  as  may  be  prescribed  before 
the  beginning  of  the  year  by  the  railroad  commissioners 
of  the  State.  Blank  forms  for  said  returns  shall  be  season- 
ably prepared  and  furnished  to  each  railroad  corporation 
by  said  commissioners.  Any  railroad  corporation  wilfully 
neglecting  to  make  such  return,  forfeits  $1,000  to  the 
State,  to  be  recovered  in  an  action  on  the  case,  or  by 
complaint  and  Indictment;  and  said  commissioners  shall 
notify  the  attorney-general  of  such  neglect,  who  shall 
prosecute  for  the  recovery  of  such  forfeiture. 

Board  to  examine  railroads  and  rolling  stock,  when 
necessary,  and  make  annual  reports.  §  50.  A  majority  of 
the  board,  or  one  member  thereof,  annually,  between  the 
first  of  April  and  October,  and  at  any  other  time  on 
application  or  whenever  they  think  necessary,  shall  care- 
fully examine  the  tracks,  rolling-stock,  bridges,  viaducts 
and  culverts  of  all  railroads;  and  shall  annually  in  De- 
cember make  a  report  to  the  governor  of  their  official 
doings,  therein  stating  the  condition  of  the  road  and  roll- 
ing-stock, with  such  facts  as  they  deem  of  public  interest 
or  which  he  may  require;  and  all  persons  managing  rail- 
roads shall  give  the  board  such  information  as  they  at 
any  time  request.     (As  amended  1911.) 

Passenger  trains  shall  not  he  run  over  any  new  railroad 
until  granted  certificate  of  safety  by  railroad  commission- 
ers— Penalty  for  violation.  §  51.  No  passenger  train  shall 
be  run  over  any  new  railroad,  or  over  any  railroad  in 
process  of  construction  until  the  railroad  commissioners 
have  made  an  inspection  of  such  railroad  and  granted  a 
certificate  of  its  safety  for  public  travel.  Any  person  or 
corporation,  violating  the  provisions  of  this  section,  for- 
feits to  the  State  $100  for  each  offense,  to  be  recovered 
In  an  action  on  the  case,  or  by  complaint  and  indictment; 
and  the  attorney-general  shall  institute  proceedings  to 
recover  the  same. 

May  employ  experienced  engineer  to  examine  bridges. 
§  52.  Every  railroad  corporation  shall,  when  requested 
by  the  board  of  railroad  commissioners,  have  an  examina- 
tion made  of  any  iron  bridge  or  other  structure,  by  a 
competent  and  experienced  mechanical  engineer,  who  shall 
report  to  the  board  forthwith  the  result  of  his  examina- 
tions, his  conclusion  and  recommendations,  and  transmit 
a  copy  of  the  same  to  the  corporation.  The  report  shall 
furnish  such  information  in  detail,  and  with  such  draw- 
ings and  prints,  as  may  be  in  writing  requested  by  the 
board  of  railroad  commissioners. 

Railroad  corporations  shall  furnish  reasonable  facilities. 
§  53.  Every  railroad  corporation  within  the  State  shall 
furnish  all  reasonable  facilities  to  the  board  of  railroad 
commissioners  for  the  prompt  and  faithful  discharge  of 
the  duties  prescribed  under  this  chapter. 

Road  unsafe,  board  to  notify  managers.  §  54.  If  the 
board,  at  any  examination,  find  the  track,  culverts,  bridges 
or  rolling-stock  in  use  so  out  of  repair  as  to  be  unsafe 
for  travelers,  they  shall  immediately  notify  the  managers 
of  said  road  of  its  condition,  and  the  time  in  which  the 
repairs  shall  be  made;  and  may  require  them  to  reduce 
the  speed  of  all  trains  until  the  repairs  are  made. 

//  managers  do  not  comply,  railroad  commissioners  to 
apply  to  Supreme  Judicial  Court.  §  55.  If  said  managers  do 
not  comply  with  such  requirements,  the  commissioners 
shall  petition  the  Supreme  Judicial  Court  in  any  county 
where  the  railroad  extends,  setting  forth  their  examina- 
tion, the  condition  of  the  road,  the  notice  and  requirement, 
and  refusal  to  comply;  and  shall  notify  the  attorney- 
general  or  the  attorney  of  such  county,  of  the  filing  of 
said  petition,  one  of  whom  shall  appear  and  take  charge 
of  the  proceedings  in  court.  The  court  shall  order  a 
notice  thereon  and  appoint  a  hearing;  and  after  a  hear- 
ing, may  order  such  things  to  be  done  by  the  managers 
of  the  road  as  they  deem  necessary  to  secure  the  safety 
of  travelers;  and  unless  such  managers  execute  a  bond 
to  the  S'tate,  with  sufficient  sureties,  for  such  sum  as  the 
court  deems  necessary  to  make  the  repairs,  conditioned 
that  they  will,  within  the  time  fixed  by  the  court,  make 
the  repairs  or  otherwise  satisfy  the  court  that  they  will 


be  so  made,  the  court  shall  issue  an  injunction  on  said 
corporation  and  its  managers,  prohibiting  the  running  of 
any  passenger  trains  over  the  portion  of  the  road  found 
to  be  unsafe,  until  the  order  has  been  complied  with  or 
revoked. 

Commissioners  to  prohibit  passenger  trains  from  run- 
ning over  railroads  when  unsafe.  §  56.  When,  in  the  opin- 
ion of  the  railroad  commissioners,  the  passage  of  passen- 
ger trains  over  any  portion  of  a  railroad  would  be  at- 
tended with  imminent  danger,  they  may  notify  the  presi- 
dent or  superintendent  of  such  road  and  order  the  im- 
mediate stopping  of  all  passenger  trains  about  to  run 
over  such  portion  thereof.  If  their  order  is  not  obeyed, 
said  commissioners  shall  at  once  apply  to  some  Justice  of 
the  Supreme  Judicial  Court,  who  may,  upon  satisfactory 
proof  of  the  necessity  for  such  order,  and  without  notice 
to  said  company,  issue  an  Injunction  prohibiting  the  run- 
ning of  passenger  trains  over  said  road  until  further  order 
of  the  court. 

When  connecting  railroads  do  not  agree  as  to  transpor- 
tation of  passengers  and  freight  they  may  apply  to  the  com- 
missioners to  make  award  in  the  matter.  §  57.  When  the 
managers  of  a  railroad  authorized  to  cross  or  conm.'ct 
with  another  road  are  unable  to  agree  therewith,  as  to 
transportation  of  passengers  and  freight  over  their  roails, 
and  upon  other  matters,  or  when  the  managers  of  the 
latter  road  neglect  or  fail  or  refuse  to  perform  the  re- 
quirements, provisions  or  conditions  of  the  charter  uncer 
which  they  hold  and  operate  their  railroad  and  acts 
additional  and  ardendatory  thereto,  they  may  apply  to 
said  commissioners  in  writing,  and  either  of  them  miy 
indorse  an  order  of  notice  thereon  to  all  interested, 
fixing  a  time  and  place  for  hearing;  and  the  applicant 
shall  cause  such  order  to  be  complied  with.  At  such  hear- 
ing any  corporation  or  person  claiming  to  be  interest  id 
may  be  made  a  party  and  be  heard  thereon,  though  rot 
named  in  the  application;  said  commissioners  have  tie 
authority  of  courts  of  law  to  summon  witnesses,  and  co  n- 
pel  their  attendance  and  testimony,  and  depositions  m  ly 
be  taken  and  used  as  in  suits  at  law.  When  the  heari  ig 
is  closed,  they  shall  determine  and  award  the  rates  i  )t 
transporting  passengers,  freight  or  cars  over  the  ro  i.d 
of  each,  or  over  any  road  on  which  either  is  a  comm  m 
carrier  by  contract  or  otherwise,  and  all  other  matttra 
in  controversy  between  the  two  roads  arising  from  su  h 
connecting  or  crossing,  or  the  times  of  doing  so;  and  m  i.y 
require  either  party  to  give  security  to  the  other  for  t  le 
payment  of  balances  resulting  from  their  mutual  busine;  s, 
on  such  terms  as  they  deem  equitable;  and  may  det<  r- 
mine  that  their  award  may  be  suspended,  after  its  acce;  t- 
ancc,  at  the  election  of  the  party  injured  by  the  non-] 
formance  of  the  conditions  thereof  by  the  other. 


(to  i3 


Award  to  be  returned  to  court  for  action — Exception 
may  be  taken,  and  how  heard.  §  58.  The  award  shall  )e 
returned  to  the  Supreme  Judicial  Court  in  the  couEty 
where  the  hearing  was  had,  and  accepted,  or  for  go  )d 
cause,  rejected  or  recommitted.  Exceptions  to  any  ruli  ig 
of  the  court  in  such  proceedings  may  be  taken  and  il- 
lowed  within  the  rules  of  the  court,  except  in  recommit- 
ting the  report;  and  when  so  allowed,  a  certified  coy 
thereof,  and  of  all  papers  used  at  the  hearing,  shall  bo 
forthwith  sent  by  the  clerk  of  the  court  to  the  eh  ef 
justice;  and  the  parties  shall  be  heard  thereon  by  the  li  w 
court  in  the  district  where  the  hearing  was  had;  tut 
if  such  court  does  not  sit  within  30  days  after  the  pap«  rs 
are  received  by  the  chief  justice,  he  shall,  at  the  requ(  st 
of  either  party,  detail  a  majority  of  the  justices  to  hear 
the  case  at  the  time  and  place  ordered  by  him;  send  trie 
order  to  the  clerk  of  the  court  where  the  matter  is 
pending,  and  he  shall  enter  it  on  the  docket  under  the 
case,  and  that  shall  be  sufficient  notice  to  the  parties;  aid 
the  case  shall  then  and  there  be  heard  as  if  at  a  reguji 
law  term. 


nl^ 


Award,  u'hen  accepted,  binding;  and  court  shall  mM 

it  effectual — Penalty.  When  the  award  is  accepted  ttna 
judgment  rendered  thereon,  it  is  binding  on  all  parties  no- 
tified, whether  they  appeared  or  not,  until  a  new  award  is 
made  on  another  application;  the  court  has  full  power  to 
make  the  award  effectual  by  process  for  contempt  or  other- 
wise as  in  equity  cases;  and  if  the  corporation  or  manSr 
gers  of  any  such  road,  after  they  are  notified  of  the  ac- 
ceptance of  such  award,  fail  to  comply  with  it,  the  direct- 


Public  Service  Laws 


617 


ors,  superintendent  or  other  agents  operating  the  same 
shall  be  fined  not  less  than  $10,  nor  more  than  $50,  for  each 
day  of  such  failure,  to  be  recovered  by  indictment  in  the 
county  where  it  occurs. 

Station  grounds  shall  not  he  taken  ty  another  company. 
§  59.  No  railroad  corporation  shall  take  the  grounds  oc- 
cupied by  any  other  railroad  company  and  necessary  for  its 
use  for  station  purposes,  without  its  consent.  When  ap- 
plication is  made  to  take  such  grounds,  the  railroad  com- 
missioners, upon  notice  and  hearing  thereon,  shall  deter- 
mine whether  the  land  proposed  to  be  taken  is  necessary 
as  aforesaid  or  not  and  whether  any  public  necessity  re- 
quires it  to  be  taken. 

Vse  of  railroad  passenger  stations  regulated.  §60.  When- 
ever any  railroad  passenger  station  shall  be  erected  or 
maintained  in  any  city  or  town  in  this  State,  any  railroad 
corporation  having  or  using  a  track  or  passenger  station 
within  such  city  or  town,  shall  have  the  right  to  run  its 
passenger  trains  to  and  from  such  station,  over  any  rail- 
road track  or  tracks  leading  thereto  as  herein  provided, 
and  to  use  the  same  for  the  purpose  of  delivering  and  re- 
ceiving through  passengers,  under  such  reasonable  terms 
and  regulations,  and  over  such  tracks  as  may  be  agreed 
upon  by  the  owner  of  such  station,  the  railroad  whose 
tracks  are  used  in  running  to  and  from  the  same,  and  the 
railroad  corporation  so  desiring  its  use  for  said  purpose, 
and  in  case  of  disagreement,  upon  petition,  notice  and  hear- 
ing thereon,  the  railroad  commissioners  shall  fix  and  de- 
termine such  terms,  tracks  and  regulations.  No  corporation 
which  shall  deny,  in  any  proceedings,  the  authority  of  the 
railroad  commissioners  to  proceed  and  make  the  determina- 
tion as  herein  provided,  or  which  shall  refuse  to  abide  by 
their  decision  rendered  therein,  shall  avail  itself  of  the 
provisions  of  this  section. 

The  commissioners  may  order  the  erection  of  a  station. 
§  61.  The  railroad  commissioners,  upon  petition  of  re- 
sponsible parties,  representing  that  public  convenience  and 
necessity  require  the  erection  and  maintenance  of  a  sta- 
tion for  freight  and  passengers,  or  for  passengers  alone, 
on  the  line  of  any  railroad,  after  14  days'  notice  by  copy  of 
said  petition  upon  such  corporation,  and  by  publishing  said 
petition,  with  the  order  of  said  commissioners  thereon,  in 
such  public  newspaper  as  Is  designated  in  said  order,  two 
weeks  successively,  the  last  publication  to  be  prior  to  the 
time  fixed  for  said  hearing,  shall  hear  the  parties  and  de- 
termine whether  the  prayer  of  the  petitioners  shall  be 
granted;  and  if  such  prayer  is  granted,  they  shall  deter- 
mine at  what  place  or  places  a  station  shall  be  erected,  or 
maintained  if  erected,  and  whether  for  passengers  or  for 
passengers  and  freight. 

Site  and  kind  of  station.  §  62.  Said  commissioners 
shall  designate  the  site  and  the  kind  of  buildings  to  be 
erected  and  maintained,  as  the  case  seems  to  demand,  and 
the  time  in  which  such  corporation  shall  comply  with  said 
order. 

Proceedings  if  company  refuses.  §  63.  If  said  corpora- 
tion refuses  or  neglects  to  comply  with  the  order  of  said 
commissioners,  within  the  time  prescribed  therein,  they 
shall  enforce  a  compliance  as  provided  in  §  55. 

Costs  of  hearing  to  he  paid  hy  losing  party.  §  64.  In 
all  cases  heard  before  the  commissioners  imder  the  three 
preceding  sections,  the  expenses  and  costs  attending  the 
same,  including  the  compensation  of  the  commissioners, 
shall  be  paid  by  the  corporation  against  whom  the  com- 
plaint is  made,  If  the  piajer  of  the  petitioners  is  granted, 
but  if  their  prayer  is  denied,  such  expenses,  costs  and 
compensation  shall  be  paid  by  the  petitioners.  If  the 
party  against  whom  costs  are  so  adjudged  refuses  or 
neglects  to  pay  them  within  30  days  after  such  adjudica- 
tion, upon  complaint  for  such  costs  made  by  said  commis- 
sioners to  any  justice  of  the  Supreme  Judicial  Court,  such 
justice  may  cause  execution  to  issue  therefor. 

CROSSINGS  REGULATED. 

Crossings  of  highways  and  streets,  how  made.  §  65. 
Railroads  may  cross  highways  or  town  ways  in  the  line 
Of  the  railroad,  but  cannot  pass  along  them  without  leave 
of  the  town,  but  when  a  railroad  is  hereafter  laid  out  across 
a  highway  or  other  public  way,  it  shall  be  constructed  so  as 
to  pass  either  over  or  under  such  way,  unless  the  railroad 
commissioners  after  notice  and  hearing  authorize  a  cross- 
ing at  grade.  Before  entering  upon  the  construction  of  any 
railroad,  the  manner  and  conditions  of  crossing  shall  be  de- 


termined as  provided  by  §  29  of  chapter  23.  But  no  cross- 
ing of  a  street  in  a  city,  not  a  highway,  shall  be  made 
without  the  written  consent  of  the  mayor  and  aldermen. 
Crossings  not  so  made  are  nuisances,  and  may  be  so 
treated,  and  the  directors  of  railroad  corporations  making 
them  are  personally  liable. 

Ways  may  be  raised  or  lowered,  or  course  altered,  on 
application  to  railroad  commissioners.  §  66.  Highways  and 
other  ways  may  be  raised  or  lowered,  or  the  course  of  the 
same  may  be  altered  to  facilitate  a  crossing  or  to  permit  a 
railroad  to  pass  over  or  under  the  same  or  at  the  side 
thereof,  on  application  to  the  railroad  commissioners,  and 
proceedings  as  provided  by  §  29  of  chapter  23;  and  for 
such  purposes  land  may  be  taken  and  damages  awarded 
as  provided  for  laying  out  highways  and  other  ways.  The 
railroad  commissioners  may  prescribe  the  manner  in  which 
the  work  shall  be  done  by  the  corporation.  While  the  use 
of  any  way  is  thereby  obstructed,  a  temporary  way  shall 
be  provided  by  the  corporation. 

Neglect  subject  to  damages.  §  67.  When  the  corpora- 
tion unnecessarily  neglects  to  perform  the  acts  so  re- 
quired, those  injured  may  recover  damages  in  an  action 
on  the  case,  commenced  within  one  year  after  performance 
is  required. 

Railroad  may  be  carried  over  or  under  a  canal  or  rail- 
road— Bridges  and  abutments  to  be  kept  in  repair — Notice 
when  bridge  or  crossing  is  not  safe  and  convenient — Re- 
pairs within  10  days  from  service  of  notice.  §  68.  A  rail- 
road may  be  carried  over  or  under  a  canal  or  railroad  in 
such  manner  as  not  unnecessarily  to  impede  the  travel  or 
transportation  on  them.  The  corporation  making  such 
crossing  is  liable  for  damages  occasioned  thereby  in  an 
action  on  the  case.  Bridges  and  their  abutments  con- 
structed for  a  crossing  of  any  way  shall  be  kept  in  repair 
by  the  corporation,  or  by  persons  or  parties  running  trains 
on  any  railroad  crossing,  a  highway  or  town  way.  The 
municipal  officers  of  any  city  or  town  may  give  notice  in 
writing  to  such  persons,  parties  or  corporations,  that  a 
bridge  required  at  such  crossing  has  not  been  erected,  or 
is  out  of  repair,  and  not  safe  and  convenient,  within  the 
requirements  of  §  56  of  chapter  23,  or  that  the  crossing  of 
any  such  highway  or  town  way  passing  such  railroad  at 
grade,  within  their  respective  cities  or  towns,  is  not  made 
or  maintained  safe  and  convenient,  as  required  by  sa,id 
section,  and  such  persons,  parties  or  corporations  shall 
erect  or  repair  such  bridge,  or  make  such  crossing  safe  and 
convenient,  as  aforesaid,  within  10  days  from  the  service 
of  said  notice;  and  if  they  neglect  so  to  do,  any  one  of 
said  municipal  officers  may  apply  to  any  justice  of  the 
Supreme  Judicial  Court,  in  term  time  or  vacation,  to  compel 
such  delinquents  to  erect  or  repair  such  brid.ge,  or  make 
such  crossing  as  aforesaid;  and,  after  hearing,  such  jus- 
tice or  court  may  make  any  order  thereon  which  the  public 
convenience  and  safety  require,  and  may,  by  injunctions, 
compel  the  respondents  to  comply  therewith;  or  said  offi- 
cers may,  after  10  days  from  the  service  of  such  notice, 
cause  necessary  repairs  to  be  made,  and  the  expense 
thereof  shall  be  paid  by  the  persons,  parties  or  corporations 
whose  duty  it  is  to  keep  such  crossing  safe  and  convenient. 

Company  shall  erect  and  maintain  bridge  guards — Pen- 
alty for  refusal,  neglect  or  injury.  §  69.  Every  railroad 
corporation  shall  erect  and  maintain  suitable  bridge- 
guards  at  every  bridge  or  other  structure,  any  portion  of 
which  crosses  the  railroad  less  than  twenty  feet  above 
the  track;  such  guards  must  be  approved  by  the  railroad 
commissioners,  and  be  erected  and  adjusted  to  their 
satisfaction.  Any  corporation  refusing  or  neglecting  to 
comply  with  this  section,  for  each  month  of  continuance 
in  such  neglect  or  refusal,  forfeits  $50;  and  whoever 
wilfully  destroys  or  breaks  any  such  bridge-guard  for- 
feits not  exceeding  $100,  and  may  be  imprisoned  not  ex- 
ceeding 30   days. 

Bell  on  engine,  and  when  to  be  rung — Whistle  or  bell 
sounded  for  warning — Signs  at  crossing.  §  70.  A  bell  of 
the  weight  of  35  pounds  or  more  shall  be  placed  on  each 
engine  used  on  a  railroad,  and  shall  be  rung  at  the  dis- 
tance of  85  rods  or  more  from  the  crossing  of  a  way  on 
the  same  level  or  running  contiguous  thereto,  and  kept 
ringing  until  the  engine  has  passed  the  same;  and  a 
steam  whistle,  or,  in  cities  and  villages,  a  bell,  shall  be 
sounded  as  a  warning  at  a  distance  of  a  hundred  rods; 
and  boards,  with  the  words,  "Railroad  Crossing,"  dis- 
tinctly painted   thereon,  on  each   side,  in  letters   plainly 


618 


National  Association  of  Eailway  Commissioners 


legible,  shall  be  placed  on  the  side  of  a  way  where  it 
is  crossed  by  a  railroad,  on  a  post  or  other  structure,  in 
such  position  as  to  be  easily  seen  by  persons  passing 
upon  such  way. 

Town  officers  may  request  company  to  provide  gates  at 
railroad  crossings — Application  to  railroad  commissioners 
in  case  of  refusal.  §  71.  When  the  municipal  officers  of  a 
town  deem  it  necessary  for  public  safety  that  gates  should 
be  erected  across  a  way  where  it  is  crossed  by  a  rail- 
road, and  that  a  person  should  be  appointed  to  open  and 
close  them,  they  may  make  such  request  in  writing;  and 
in  case  of  neglect  or  refusal  they  may  apply  to  the  rail- 
road commissioners  to  decide  upon  the  reasonableness  of 
such  request,  who  after  notice  and  hearing,  shall  decide. 
When  they  decide  that  such  a  request  is  reasonable,  or 
that  at  said  crossing  a  flagman  or  automatic  signals  are 
necessary  for  the  public  safety,  they  may,  upon  said  ap- 
plication, order  a  flagman  to  be  stationed  or  automatic 
signals  to  be  maintained  there  instead  of  gates,  and 
the  corporation  shall  comply  with  such  order  and  pay 
the  costs;  when  they  decide  otherwise  the  costs  shall  be 
paid  by  the   applicants. 

Penalty  for  neglect  of  two  preceding  sections,  and  liabil- 
ity to  action  for  damages.  §  72.  For  unnecessarily  neglect- 
ing to  comply  with  any  provision  of  the  two  preceding 
sections,  the  corporation  forfeits  not  exceeding  $500.  Any 
person,  whose  duty  it  is  to  open  or  close  such  gates  for 
the  passage  of  an  engine  or  traveler  on  a  way,  neglecting 
to  do  so,  forfeits  not  exceeding  $50.  The  corporation  is 
liable  for  damages  for  its  neglect  to  comply  with  these  pro- 
visions, or  for  the  neglect  of  any  agent,  or  for  the  mis- 
management of  an  engine,  to  be  recovered  in  an  action  on 
the  case  by  the  person  damaged  thereby. 

Railroad  commissioners  may  determine  manner  in 
which  railroads  shall  cross  each  other.  §  73.  The  board  of 
railroad  commissioners  shall  determine  the  manner  and 
conditions  of  one  railroad  of  any  kind  crossing  another. 
Any  corporation  or  party  operating  such  railroad  may  ap- 
ply to  said  board  for  a  change  in  the  then  existing  condi- 
tion, construction  or  manner  of  any  such  crossing.  Such 
application  shall  be  in  writing,  giving  the  location  of  the 
crossing,  and  said  board  shall  give  a  hearing  thereon,  after 
they  have  ordered  such  notice  to  be  given  by  the  appli- 
cants, as  to  the  time,  place  and  purposes  of  such  hearing, 
a»  said  board  shall  deem  proper.  Said  board  shall  deter- 
mine at  such  hearing  what  changes,  if  any,  are  necessary 
and  how  such  crossings  shall  be  constructed  and  main- 
tained, the  expense  thereof  to  be  borne  as  the  railroad 
commissioners  may  order. 

Crossing  over  railroad  already  built  shall  fie  made  as 
ordered  by  railroad  commissioners — Application,  notice  and 
hearing.  §  74.  In  the  case  of  a  railroad  company  of  any 
kind  whose  tracks  are  to  be  constructed  across  the  tracks 
of  any  railroad  already  built,  such  crossings  shall  be  made, 
constructed  and  maintained  in  such  manner  and  under 
such  conditions  as  shall  be  ordered  by  the  board  of  railroad 
commissioners,  the  expense  thereof  to  be  borne  as  the  rail- 
road commissioners  may  order.  The  parties  contemplating 
making  such  crossing  shall  apply  to  the  railroad  commis- 
sioners in  writing,  giving  the  location  of  the  crossing  de- 
sired, and  said  commissioners  shall  give  a  hearing  thereon 
after  they  shall  have  ordered  such  notice  to  be  given  by 
the  applicants  of  the  time,  place  and  purposes  of  such 
hearing  as  said  board  shall  deem  proper.  At  such  hearing 
the  board  of  railroad  commissioners  shall  determine  the 
manner  and  conditions  of  construction  and  maintenance 
of  such  crossing  and  make  their  report  as  hereinafter  pro- 
vided. 

Bridges  erected  by  municipalities  shall  be  maintained 
as  commissioners  may  determine  after  hearing.  §  75. 
Bridges  erected  by  any  municipality,  over  which  any  street 
railroad  passes,  shall  be  constructed  and  maintained  in 
such  manner  and  condition,  as  to  safety,  as  the  board  of 
railroad  commissioners  may  determine.  Said  board  may 
require  the  officers  of  the  railroad  company  and  of  the 
municipality  to  attend  a  hearing  in  the  matter,  after  such 
notice  of  the  hearing  to  all  parties  in  interest  as  said 
board  may  deem  proper.  Said  commissioners  shall  de- 
termine at  such  hearing  the  repairs,  renewals  or  strength- 
ening of  parts,  or,  if  necessary,  the  manner  of  rebuilding 
such  bridge,  required  to  make  the  same  safe  for  the  uses 
to  which  it  is  put.  They  shall  determine  who  shall  bear 
the  expenses  of  such  repairs,  renewals,  strengthening  or 
rebuilding,  or  they  may  apportion  such  expense  between 


the  railroad  company  and  the  city  or  town,  as  the  case 
may  be,  in  such  manner  as  shall  be  deemed  by  the  board 
just  and  fair,  and  shall  make  their  report  as  hereinafter 
provided. 

Commissioners  shall  make  report  of  their  decisions  and 
send  copies  to  parties  interested — When  appeals  may  be 
taken.  §  76.  The  board  of  railroad  commissioners  shall 
make  a  report  in  writing  of  their  decision  in  all  matters 
named  in  the  three  preceding  sections,  file  the  same  in 
their  office,  and  cause  a  copy  of  such  decision  to  be  sent 
by  mail  to  each  of  the  railroad  corporations,  or  the 
municipal  officers  of  the  cities  or  towns,  as  the  case  may 
be,  interested  therein.  Such  decision  shall  be  final  and 
binding  upon  all  parties  named,  unless  an  appeal  there- 
from shall  be  taken  and  entered  in  the  next  succeeding 
term  of  the  Supreme  Judicial  Court,  to  be  held  in  the 
county  where  the  crossing  or  bridge  is  located,  after  30 
days  from  the  date  of  the  report. 

Appellant  shall  file  reasons  of  appeal,  and  copy  shall  be 
served  on  other  party — Final  adjudidation  shall  be  recorded 
— Costs.  §  77.  If  any  appeal  shall  be  taken  as  provided  in 
the  preceding  section,  the  appellant  shall,  within  30  dtys 
from  the  date  of  the  filing  of  such  decision,  file  in  the 
office  of  the  board  of  railroad  commissioners  its  reascns 
of  appeal,  and  14  days  at  least  before  the  sitting  of  the 
Appellate  Court,  it  shall  cause  a  copy  of  such  reaso  is, 
certified  by  the  clerk  of  the  board  of  railroad  commis- 
sioners, to  be  served  upon  such  other  interested  corpoa- 
tion  or  municipality.  The  presiding  justice,  at  such  teim 
of  court,  shall  make  such  order  or  decree  thereon  as  liiw 
and  justice  may  require.  Exceptions  may  be  taken  to 
such  order  or  decree.  The  final  adjudication  shall  be 
recorded  by  the  clerk  of  courts  in  the  county  where  tie 
crossing  or  bridge  is  located,  and  a  copy  of  the  same  sh  ill 
be  certified  by  said  clerk  to  the  board  of  railroad  co  n- 
missioners  for  record  in  their  office.  Costs  may  be  tax  3d 
and  allowed  to  either  party  at  the  discretion  of  the  cou  -t. 

During  pendency  of  appeal  commissioners  may  det  t- 
mine  temporary  conditions  of  crossings.  §  78.  Whenev  er 
any  railroad  company  of  any  kind  whose  tracks  are  to  )e 
constructed  across  the  tracks  of  any  railroad  alrea  ly 
built  shall  apply  to  the  railroad  commissioners  to  ( e- 
termine  in  what  manner  and  under  what  conditions  su  .h 
crossings  shall  be  made,  constructed  and  maintained  a;,d 
how  the  expense  thereof  shall  be  borne,  and  an  appeal  is 
taken  from  the  decision  of  the  railroad  commissioners 
thereon,  the  board  of  railroad  commissioners  may,  if  th  y 
find  that  public  necessity  and  convenience  require  it,  nc  t- 
withstanding  said  appeal,  determine  the  manner  and  cca- 
ditions  of  construction  and  maintenance  of  such  crossii  g 
during  the  pendency  of  said  appeal  or  of  any  legal  pio- 
ceedings  that  may  delay  final  decree  on  said  applicatii  a 
and  shall  issue  the  necessary  temporary  decree  therefi  r. 


CHAPTER  52. 

THE  MANAGEMENT  AND  OPERATION  OF  STEAM   RAILROADS. 


11 


Railroad  companies  may  establish  fares  and  tolls,  si,  b- 
ject  to  revision  and  alteration  by  the  legislature  or  railroid 
commissioners.  §  1.  Any  railroad  corporation  may  esta  b- 
lish  and  collect,  for  its  sole  benefit,  fares,  tolls  and  chargi  s, 
upon  all  passengers  and  property  conveyed  and  trai  s- 
ported  on  its  railroad,  at  such  rates  as  may  be  determiU'^d 
by  the  directors  thereof,  and  shall  have  a  lien  on  its 
freight  therefor;  and  may  from  time  to  time  by  its  di- 
rectors regulate  the  use  of  its  road;  provided,  that  su'h 
rates  of  fares,  tolls  and  charges,  and  regulations  are 
at  all  times  subject  to  alteration  by  the  legislature,  or  )/ 
such  officers  or  persons  as  the  legislature  may  appoint  f  jr 
the  purpose,  anything  in  the  charter  of  such  corporation 
to  the  contrary  notwithstanding;  and  provided  further 
that,  upon  what  shall,  at  any  time,  be  deemed  by  tie 
railroad  commissioners  a  sufficient  complaint,  by  inter- 
ested and  responsible  parties,  that  the  tolls  are  unreascn- 
ably  high,  said  commissioners  may  revise  and  establi  jb 
them,  after  due  notice  and  hearing,  for  a  time  not  exceed- 
ing one  year.  But  the  commissioners  before  directing 
said  hearing,  shall  give  opportunity  to  the  company  co:!!^, 
plained   of,  to  reply   to  the  charge. 

Railroad  tickets  good  for  six  years — Special  tickets.  • 
No    railroad    company    shall    limit   the   right   of   a   ticKis 
holder    to    any    given    train,    but    such    ticket-holder    may 
travel  on  any  train,  whether  regular  or  express,  and  may 


Public  Sekvick  Laws 


619 


stop  at  any  of  the  stations  along  the  line  of  the  road  at 
which  such  trains  stop;  and  such  ticket  shall  be  good  for 
a  passage  as  above  for  six  years  from  the  day  it  was  first 
issued;  provided,  that  railroad  companies  may  sell  excur- 
sion, return  or  other  special  tickets  at  less  than  the  regu- 
lar rates  of  fare,  to  be  used  only  as  provided  on  the 
ticket. 

Railroad  tickets,  cancelation  and  exchange  of.  §  3.  The 
preceding  section  shall  not  prevent  railroad  corporations 
from  establishing  necessary  rules  and  regulations  for  the 
cancelation  of  tickets,  and  exchange  of  partially  used 
tickets;  but  such  rules  and  regulations  shall  be  publicly 
posted  at  each  ticket  office  and  on  all  passenger  trains, 
and,  when  practicable,  printed  upon  the  tickets.  And  any 
ticket  or  check  given  in  exchange  for  the  unused  portion 
of  a  partially  used  ticket,  continues  in  force  for  the  full 
term  of  the  original  ticket,  as  provided  in  said  section. 

Sale  of  mileage  books  and  limited  tickets  regulated. 
§  4.  No  person  other  than  a  duly  authorized  agent  of  the 
railroad  company  issuing  the  same  shall  sell,  offer  for 
sale,  or  loan  any  railroad  mileage  books  or  any  coupons 
therefrom,  or  any  other  railroad  ticket  limited  to  the  use 
of  a  person  or  persons  thereon  specified  at  the  time  of 
Its  issuance  by  the  railroad  company,  under  a  penalty  of 
not  less  than  $10,  nor  more  than  $100  for  each  offense,  to 
be  recovered  on  complaint. 

Use  of  such  hooks  and  tickets  restricted  to  persons  spec- 
ified— Penalty.  §  5.  No  person,  other  than  one  specified  in 
any  railroad  mileage  book,  or  other  railroad  ticket,  limited 
to  the  use  of  a  person  or  persons  specified  thereon,  at  the 
time  of  its  issuance  by  the  railroad  company,  shall  offer  for 
passage  or  in  payment  for  transportation  on  any  railroad, 
any  such  mileage  book,  or  coupons  therefrom,  or  any 
other  railroad  ticket  limited  as  aforesaid,  under  a  penalty 
of  not  less  than  $1,  nor  more  than  $10  for  each  offense, 
to  be  recovered  on  complaint. 

Limited  mileage  hooks  shall  be  redeemed  within  one 
year  after  issue.  §  6.  Any  railroad  company  which  shall 
issue  a  mileage  book  limited  to  a  person  or  persons  named 
therein,  shall,  upon  presentation  thereof  by  the  person  to 
whom  such  book  was  Issued  or  his  legal  representatives,  at 
some  one  or  more  of  its  principal  stations  in  each  county 
through  which  its  road  runs,  to  be  designated  by  such 
company,  at  any  time  after  one  year  from  the  time  when 
such  book  was  issued,  redeem  all  the  coupons  then  attached 
to  such  book  at  the  same  rate  a  mile  for  which  such  mileage 
book  was  sold. 

EVASION   OF   FARES    AND   LOITEEING   AT   EAILBOAD    OB    STEAMBOAT 
STATIONS. 

Penalty  for  evading  payment  of  fare.  §  7.  No  person 
is  entitled  to  transportation  over  a  railroad,  street 
railroad,  or  upon  any  steamboat  or  ferry,  who  does  not 
on  demand  first  pay  the  established  fare.  Whoever 
fraudulently  evades  payment  by  giving  a  false  answer 
or  by  traveling  beyond  the  place  to  which  he  has  paid, 
or  by  leaving  a  train,  street  railroad  car,  steamboat  or 
ferry,  without  paying,  forfeits  not  less  than  $5,  nor  more 
than   $20,   to   be  recovered  on  complaint. 

No  person  to  loiter  in  any  railroad  car  or  steamboat 
station  or  grounds — Penalty.  §  8.  No  person  shall  loiter 
or  remain,  without  right,  within  any  car,  or  station- 
house  of  a  railroad  corporation  or  steamboat,  or  upon 
the  platform  or  grounds  adjoining  such  station,  after 
being  requested  to  leave  the  same  by  any  railroad  officer, 
or  officer  or  agent  of  such  steamboat.  Whoever  violates 
this  section  forfeits  not  less  than  $2,  nor  more  than  $10, 
to  be  recovered  on  complaint. 

Copies  of  law  to  be  posted.  §  9.  The  ofiicers  of  all  rail- 
road corporations  and  steamboat  companies  shall  cause 
a  copy  of  the  preceding  section  to  be  posted  in  a  con- 
spicuous place  at  the  several  stations  along  the  line 
of  their  roads  and  route  of  their  steamboats. 

TBANSPOETATION  BEGTILATED. 

Intersecting  roads  deemed  connecting.  §  10.  Railroads 
Intersecting  or  crossing  at  grade  shall  be  deemed,  for 
all  business  purposes,  connecting  roads. 

Trains  due  at  same  hour  at  crossing  must  wait  and  give 
time  to  change  baggage.  §  11.  When  railroads  cross  each 
other  and  passenger  trains  are  due  at  the  crossing  at 
the    same    hour,    the    train    first   arriving    shall    wait    for 


the  arrival  of  the  other.  If  It  comes  within  20  minutes; 
and  each  shall  afford  suitable  opportunity  for  passengers 
desiring  to  change  with  their  baggage  from  one  train  to 
the  other;  and  the  superintendent,  conductor  and  engi- 
neer of  the  road  violating  this  provision  forfeits  to  the 
State  for  each  offense,  not  less  than  $10,  nor  more  than 
$50,  to  be  recovered  on  complaint  or  by  Indictment. 

Railroads  shall  receive  and  forward  passengers  and 
freight  ivithout  discrimination  —  Proviso  —  Proportion  of 
rates  that  Maine  Central  Railroad  shall  receive  in  certain 
cases.  §  12.  Every  railroad  doing  business  in  the  State 
shall  receive,  forward  and  deliver  to  every  other  connecting 
railroad,  without  discrimination,  all  passengers,  freight  and 
merchandise  with  equal  facilities  and  despatch,  and  shall 
transport  the  same  at  rates  of  fare  and  freight  as  favor- 
able as  at  the  time  are  established,  made  or  allowed  for 
the  passengers,  freight  and  merchandise  transported 
over  its  road  only,  or  received  from  or  destined  to  any 
other  railroad;  provided,  however,  that  the  Maine  Cen- 
tral Railroad  may  receive  the  same  proportion  of  the 
rates  received  for  transportation  of  passengers,  freight  and 
merchandise  received  from  or  delivered  to  the  Boston  & 
Maine  Railroad  at  Deering  Junction  that  it  would  have  re- 
ceived had  such  passengers,  freight  or  merchandise  been  re- 
ceived from  or  delivered  to  the  Boston  &  Maine  Railroad 
or  any  persons  at  Portland,  and  no  more. 

Penalty  for  not  complying  with  foregoing  provisions. 
§  13.  Any  railroad  company,  chartered  under  the  laws  of 
this  State,  which  refuses  to  receive,  transport  or  deliver  any 
freight,  merchandise  or  passengers  according  to  the  pro- 
visions of  §  10  or  of  the  preceding  section,  forfeits  for 
each  offense  to  the  corporation  injured,  $100,  to  be  re- 
covered by  an  action  on  the  case  in  any  county  where 
said  company  has  a  place  of  business. 

Chapter  51,  §§57,  5S  and  U  10,  12,  13  apply  to  all  rail- 
roads. §  14.  The  two  preceding  sections,  §  10  and  §§  57 
and  58  of  chapter  61,  and  all  other  sections  of  this  chapter 
relating  to  the  transportation  of  passengers  and  freight 
by  railroad,  apply  to  and  may  be  taken  advantage  of 
by  any  railroad  in  the  State,  whether  It  makes  close 
connection  with  other  railroads  or  not;  and  the  railroad 
commissioners  have  the  same  authority  and  power  as  la 
cases  where  the  railroads  make  a  close  and  direct  con- 
nection; and  no  railroad  doing  business  within  the  State 
shall  demand  or  receive  of  any  other  railroad  doing 
business  therein,  whether  making  direct  connection  or 
not,  or  from  passengers  over  the  same,  or  from  freight 
forwarded  over  the  same,  higher  rates  of  fare  or  freight 
than  It  demands  or  receives  from  any  other  railroad 
within  the  State. 

Equal  advantages  to  be  given  to  all  railroads.  §  15.  No 
rebate,  drawback,  allowance  or  other  advantage  shall  be 
made  or  extended  by  any  railroad  in  favor  of  another  railroad 
doing  business  over  the  same,  by  which  the  operation  of  the 
preceding  section  shall  be  changed  or  affected,  or  by 
which  one  railroad  doing  business  over  it,  shall  receive 
any  greater  advantage  than  any  other  railroad  doing 
business   over   the  same. 

Penalty  for  violation.  §  16.  Any  railroad  company  char- 
tered under  the  laws  of  the  State  which  refuses  to  re- 
ceive, transport  or  deliver  any  freight,  merchandise  or 
passengers  according  to  the  two  preceding  sections,  and 
under  the  terms  thereof,  or  which  demands  or  receives 
from  any  other  railroad  in  the  State,  for  the  transporta- 
tion of  its  passengers  or  freight,  any  sum  in  excess  or 
violation  of  said  provisions,  forfeits  for  each  offense  to 
any  corporation  injured,  $100,  to  be  recovered  by  an. 
action  on  the  case  in  any  county  in  which  any  of  the 
parties  thereto  has  a  residence  or  place  of  business. 

Railroads  to  furnish  equal  facilities  to  all  express  people. 
§  17.  Every  railroad  operating  in  the  State  shall  furnish 
reasonable  and  equal  facilities  and  accommodations  to- 
all  persons  engaged  in  express  business  for  transporta- 
tion of  themselves,  agents,  servants,  merchandise  and 
other  property;  for  the  use  of  their  stations,  buildings 
and  grounds,  and  for  exchanges  at  points  of  junction 
with  other  roads,  under  a  penalty  not  exceeding  $500, 
to  be  recovered  by  Indictment;  and  are  liable  to  the 
aggrieved  party  in  an  action  on  the  case  for  damages. 

Prohibition  against  change  of  location  of  railroad  tracks 
or  refusal  to  operate  road.  §  18.  No  railroad  having  estab- 
lished its  business  upon  a  line  shall  substantially  deviate 


620 


National  Association  of  Eailway  Commissioners 


^ 


from  the  track  as  originally  built  without  the  consent 
of  the  legislature  or  the  railroad  commissioners,  and  no 
railroad  having  established  its  business  as  aforesaid, 
shall  cease  to  run  its  trains  and  operate  its  road,  so  long 
as  said  railroad  company  pays  dividends  to  its  stock- 
holders from  its  earnings;  but  this  section  does  not 
permit  any  railroad  company  to  cease  operating  its  road 
or  running  its  trains. 

Order  of  notiee  to  be  served  on  railroad  corporations 
neglecting  to  run  trains.  §  19.  Whenever  any  railroad 
corporation,  after  commencing  to  receive  tolls,  neglects 
or  refuses  regularly  to  run  trains  upon  and  to  operate  Its 
road  for  the  transportation  of  passengers  and  freight  for 
60  days  at  any  one  time,  the  railroad  commissioners, 
or  any  10  citizens  residing  in  any  county  through  which 
said  railroad  extends,  may  petition  the  supreme  judicial 
court  in  any  county  through  which  such  railroad  extends, 
setting  forth  therein  such  neglect  and  refusal  so  to  run 
trains  and  operate  its  road;  which  petition,  before  entry 
in  court,  may  be  presented  to  any  justice  thereof  in  term 
time  or  vacation,  who  shall  order  not  less  than  14 
days'  notice  thereon  to  be  served  on  such  corporation. 

Notice  to  be  given  to  attorney-general — Court  shall  ap- 
point a  hearing — Receivers  shall  be  appointed,  and  shall 
give  bond.  The  petitioners  shall  give  written  notice  to  the 
attorney-general  or  the  county  attorney  of  the  county  in 
which  said  petition  is  filed,  of  the  filing  thereof,  one  of 
whom  shall  appear  and  take  charge  of  proceedings  in 
court.  The  court  shall  appoint  a  hearing,  and  at  or  after 
said  hearing,  if  the  allegations  in  such  petition  are  found 
to  be  true,  and  if  in  its  opinion  public  necessity  and 
convenience  require  it,  the  court  shall  appoint  some 
suitable  person  or  persons  or  some  other  railroad  corpo- 
ration, a  receiver  or  receivers,  to  take  possession  and 
control  of  said  railroad,  together  with  all  corporation 
property  belonging  thereto,  and  shall  require  such  re- 
ceivers to  give  bond  to  said  corporation  in  a  reasonable 
sum,  with  sureties  satisfactory  to  the  court,  for  the 
faithful  discharge  of  their  trust,  and  shall  also  deter- 
mine their  compensation. 

Notice  of  appointment — Duties — Authority.  §  20.  Such 
receivers  immediately  after  giving  the  required  bond 
shall  give  notice  of  their  appointment  by  publishing  the 
same  three  weeks  successively  in  one  newspaper  printed 
in  each  county  through  which  said  road  extends,  and 
shall  immediately  take  possession  and  control  of  said 
railroad,  and  all  its  rolling-stock,  and  stations,  together 
with  all  appendages  belonging  to  the  same  and  necessary 
for  the  convenient  use  thereof,  and  shall  diligently  proceed 
to  repair  and  refurnish  said  railroad,  -its  rolling-stock  and 
other  appendages,  and  operate  the  same  for  the  accom- 
modation of  the  public.  Said  receivers  have  the  same 
authority  to  demand  and  receive  tolls  and  otherwise 
manage  said  railroad,  and  are  subject  to  the  same  re- 
strictions as  are  conferred  and  enjoined  by  the  charter 
of  said  railroad  upon  its  original  corporations,  and  as  may 
be  provided  by  law. 

Receivers,  authorized  to  raise  money  by  loan,  to  repair 
railroad.  §  21.  If  said  railroad,  its  track,  bridges,  rolling 
stock,  and  other  appendages,  shall  be  found  to  be  too 
much  out  of  repair,  or  its  rolling-stock  and  other  append- 
ages insufftcient  in  amount  to  admit  of  safely  or  success- 
fully operating  the  same,  and  the  earnings  are  not  suffi- 
cient to  repair  said  railroad,  its  track,  bridges,  rolling- 
stock,  and  other  appendages,  or  to  rebuild  or  refurnish 
the  same,  said  receivers  may  raise,  by  loan,  a  sufficient 
sum  of  money,  not  exceeding  $5,000  a  mile,  so  to  re- 
pair, rebuild  or  refurnish  said  railroad,  its  tracks,  bridges, 
rolling-stock  and  other  appendages,  said  loan  to  bear  a 
reasonable  rate  of  interest,  not  exceeding  8  per  cent  a 
year,  payable  semi-annually,  and  the  principal  payable 
within  20  years.  A  lien  is  created  on  the  franchise  and 
all  the  property,  real  and  personal,  road,  roadbed,  track, 
stations,  buildings,  and  equipment,  pertaining'  to  and 
constituting  said  railroad,  for  the  payment  of  the  prin- 
cipal and  interest  thereof.  Said  loan,  secured  by  such 
lien,  takes  precedence  of  all  mortgages,  bonds,  stocks,  or 
other  title  or  claim  of  indebtedness  of  any  kind  what- 
soever, then  existing  or  thereafter  created  on  said  rail- 
road. 

Railroad  to  be  restored  to  corporation  on  certain  condi- 
tions— Proviso.     §  22.    Any  justice  of  the  siipreme  judicial 


court  sitting  in  the  county  where  the  original  petitioa 
was  filed,  on  petition  of  said  railroad  corporation  or  its 
owners,  and  after  reasonable  notice  to  such  receivers, 
may  revoke  their  authority  and  restore  the  possession 
and  control  of  said  railroad  to  said  corporation  or  its 
owners,  upon  their  paying  the  principal  and  interest  of 
the  aforesaid  loan  then  existing,  together  with  the  sum 
due  said  receivers  for  their  personal  services,  with  all 
the  expenses  incurred  in  operating  and  repairing  said 
railroad  and  its  appendages  during  their  continuance  In 
their  said  capacity,  over  and  above  the  earnings  thereof; 
provided,  however,  that  said  roadroad  corporation  or  its 
owners  give  bond  to  the  State  in  such  sum  as  the  court 
orders,  with  sureties  satisfactory  to  the  court,  condi- 
tioned that  said  corporation  or  its  owners  thus  seeking 
to  receive  possession  shall  operate  and  keep  in  repair 
said  railroad,  its  rolling-stock,  and  other  appendages  to 
the  satisfaction  of  the  railroad  commissioners,  for  five 
years  following  said  order. 

Railroad  commissioners  may  decide  amount  due  receiv- 
ers. §  23.  If  said  receivers  and  said  railroad  corporation 
or  owners  are  unable  to  agree  upon  the  amount  due 
said  receivers  from  said  corporation  or  its  owners,  the 
question  shall  be  referred  by  order  of  court  to  the  deter- 
mination of  the  railroad  commissioners,  whose  decision 
made  to  said  court  and  accepted  shall  be  final  in  the 
premises,  and  in  no  case  shall  said  corporation  or  its 
owners  receive  possession  and  control  of  said  railroad 
until  said  receivers  are  paid  or  tendered  the  full  amotnt 
due  them,  as  aforesaid,  except  by  their  written  conse  it. 

Vacancies  in  offlce  of  receivers,  how  filled.  §  24.  The 
court  may  fill  all  vacancies  in  said  office  of  receiv  ir, 
and  at  the  time  of  appointing  said  receivers  or  at  a  ly 
subsequent  time  during  their  continuing  in  said  capaci  y, 
may  issue  all  orders  or  decrees  necessary  to  aid  th«  m 
in  the  full  and  faithful  discharge  of  their  said  trust,  a  id 
cause  the  same  to  be  promptly  enforced. 

Questions  of  law,  hoiv  determined.  §  25.  Questions  of 
law  arising  under  the  provisions  of  the  six  precedl  ig 
sections  shall,  on  motion  of  either  party,  be  at  on  ;e 
certified  by  the  presiding  justice  and  transmitted  to  t  le 
chief  justice,  be  argued  in  writing  by  both  sides  within 
30  days  thereafter,  be  considered  and  decided  by  t  le 
justices  of  said  court  as  soon  as  may  be,  and  the  c  e- 
cision  thereon  shall  be  certified  to  the  clerk  of  courts  )f 
the  county  where  the  case  is  pending,  and  judgme  it 
made  up  as  of  the  term  next  preceding  the  time  of  i  e- 
ceiving  the  certificate. 

FEiXCES    AND   TRESPASSES    ON    ADJOINING    LANDS. 

Fences,  how  and  where  made — Liability  for  injuries,  a:  d 
how  recovered.  §  26.  Where  a  railroad  passes  through  i  q- 
closed  or  improved  land,  or  woodlots  belonging  to  a  far  q, 
legal  and  sufficient  fences  shall  be  made  on  each  si  le 
of  the  land  taken  therefor,  before  the  construction  it 
the  road  is  commenced,  and  such  fences  shall  be  main- 
tained and  kept  in  good  repair  by  the  corporation.  F  )r 
any  neglect  of  such  duty  during  the  construction  of  t  le 
road,  and  for  injuries  thereby  occasioned  by  its  servan  s, 
agents  or  contractors,  the  directors  are  jointly  and  sev(  r- 
ally  personally  liable.  For  any  subsequent  neglect,  t  le 
corporation  shall  be  fined  a  sum  sufficient  to  make  ir 
repair  the  fence,  to  be  recovered  by  indictment  and  « x- 
pended   by  an  agent  appointed  by  the  court  therefor. 

lAne  fences  to  be  built  on  notice  of  abutter.  §  27.  T  le 
owner  of  any  enclosed  or  improved  land  or  wood-lot 
belonging  to  a  farm  abutting  upon  any  railroad  which  is 
finished  and  in  operation,  may  at  any  time  between  t  le 
twentieth  day  of  April  and  the  end  of  October,  gl/e 
written  notice  to  the  president,  treasurer,  or  either  of  t  le 
directors  of  the  corporation  owning,  controlling  or  ore- 
rating  such  railroad,  that  the  line  fence  against  his  la  id 
has  not  been  built,  or  it  built,  that  the  same  is  defective 
and  needs  repair.  And  if  said  corporation  neglects  to 
build  or  repair  such  fence,  for  30  days  after  receivi  ig 
such  notice,  it  forfeits  to  such  owner  $100,  to  be  i-e- 
covered  in  an  action  on  the  case. 

Injuring  fences  or  turning  animals  into  railroad  inclo- 
sure.  §  28.  Whoever  takes  down  or  Intentionally  injures 
any  fence,  erected  to  protect  the  line  of  any  railroad,  or 
turns  any  horse,  cattle  or  other  animal,  upon  or  within 
the    enclosure    of   such    railroad,    shall   be   fined   not   less 


Public  Seuvice  Laws 


621 


than    $10,    nor   more    than    $100,    or   imprisoned    not   less 
than  10  days  nor  more  than  six  months. 

Company  liable  for  trespasses  on  adjoining  land.  §  29. 
The  corporation  is  liable  for  trespasses  and  Injuries  to 
lands  and  buildings  adjoining  or  in  the  vicinity  of  its 
road,  committed  by  a  person  in  Its  employment,  or 
occasioned  by  its  order,  if  the  party  injured  within  60 
days  thereafter,  gives  notice  thereof  to  the  corporation; 
but  its  liability  does  not  extend  to  acts  of  wilful  and 
malicious  trespass.  The  person  committing  a  trespass 
is  also  liable. 

ASSIGNMENTS,     LEASES,     TRANSFER    OF    SHARES,     AND    ISSUE    OF 
BONDS. 

Assignment  or  lease  of  road  without  consent  of  legisla- 
ture forbidden — Exceptions.  §  30.  No  railroad  corporation 
can  assign  its  charter  or  any  rights  under  it;  lease  or 
grant  the  use  or  control  of  its  road  or  any  part  of  it, 
or  divest  itself  thereof,  without  the  consent  of  the  legis- 
lature. But  the  foregoing  provisions  shall  not  be  con- 
strued to  prevent  contracts  between  corporations  allow- 
ing the  trains  of  one  to  run  over  the  road  of  another, 
both  corporations  assenting  thereto.  On  a  complaint  of 
a  violation  of  these  provisions  by  any  person,  the  attor- 
ney-general shall  file  an  information  in  the  nature  of 
quo  warranto  against  the  corporation,  and  the  court  may 
enter  such  decree  as  justice  and  equity  require.  These 
provisions  do  not  extend  to  that  portion  of  the  Atlantic 
and  Saint  Lawrence  Railroad  in  New  Hampshire  and 
Vermont;  nor  is  any  mortgage,  made  to  secure  pay- 
ment of  the  dept  of  said  corporation,  affected  thereby. 

Shares,  how  transferred.  §  31.  Shares  in  the  capital  ol 
such  corporations  are  personal  estate,  and  may  be  trans- 
ferred in  the  same  manner  and  with  the  same  rights  as 
shares  in  other  corporations  are  transferred. 

Bonds  may  be  issued  and  sold  at  less  than  par.  §  32.  A 
railroad  corporation,  to  obtain  money  to  build  or  furnish 
its  road,  or  to  pay  debts  contracted  for  that  purpose,  may 
Issue  its  bonds  in  sums  not  less  than  $100,  bearing  inter- 
est, secured  in  such  manner  as  it  deems  expedient,  and 
binding  upon  it  although  sold  at  less  than  par  value; 
and  no  defense  of  usury  shall,  for  that  cause,  be  ad- 
mitted. 

Rights  of  holders  of  coupons.  §  33.  When  coupons  for 
Interest  issued  with  bonds,  are,  for  a  valuable  considera- 
tion, detached  and  assigned  by  delivery,  the  assignee 
may  maintain  assumpsit  upon  them  in  his  own  name 
against  the  corporation  engaging  to  pay  them. 

Damages  by  foreign  railroad  company  leasing  any  rail- 
road— Supreme  judicial  court  may  compel  payment.  §  34. 
When  any  foreign  railroad  company  which  is  or  has 
been  doing  business  in  this  State  as  the  lessee  of  any 
railroad,  refuses  or  neglects  for  60  days  after  demand, 
to  pay  and  discharge  any  judgment  recovered  by  any 
person  against  the  company  owning  such  leased  road, 
for  damages  to  the  property  of  such  person  by  the  do- 
ings, misdoings  or  neglects  of  such  foreign  company. 
Its  agents  or  servants,  which  judgment  belongs  in  equity 
to  such  foreign  company  to  pay  and  discharge,  the  Su- 
preme Judicial  Court,  on  petition,  may  compel  payment 
thereof  by  such  foreign  corporation,  and  make,  pass 
and  enforce  all  necessary  orders,  decrees  and  processes 
for  the  purpose. 

Judgment  creditor,  remedy  of.  §  35.  When  any  such 
judgment  is  recovered,  such  foreign  company  neglects, 
for  60  days  to  satisfy  it,  the  judgment  creditor  may 
have  an  action  on  the  case  against  such  foreign  com- 
pany for  the  recovery  of  the  amount  of  such  judgment, 
with   interest  and  costs. 

THE  ELECTION,  POWERS  AND  DUTIES  OF  TRUSTEES  OF  MORTGAGES. 

Trustees  of  railroads,  vacancies,  how  filled — Supreme 
judicial  court  may  affirm  elections  and  enforce  decrees. 
§  36.  When  a  railroad  corporation  mortgages  its  fran- 
chise for  the  payment  of  its  bonds  or  coupons,  and  trus- 
tees are  appointed  by  such  corporation,  by  special  law, 
or  by  mortgage,  the  bondholders,  at  a  regular  meeting 
called  for  the  purpose  and  notified  as  hereinafter  pro- 
vided, may  from  time  to  time,  elect  by  ballot  new  trus- 
tees to  fill  vacancies,  when  no  other  method  for  filling 
vacancies  is  specifically  provided  in  the  appointment, 
special  law  or  mortgage.     Any  party  interested  may  pre- 


sent the  proceedings  of  such  meeting  to  the  supreme 
judicial  court,  or  to  a  justice  thereof  in  vacation,  who 
shall  appoint  a  time  of  hearing,  and  order  such  notice 
to  parties  Interested  as  he  deems  proper,  and  may  affirm 
such  elections,  and  make  and  enforce  any  decree  neces- 
sary for  the  transfer  of  the  trust  property,  to  the  new 
trustees.  Such  decrees  shall  be  filed  with  the  clerk  of 
the  court  where  the  hearing  is  had,  and  be  recorded  by 
him. 

What  constitutes  a  breach  of  mortgage — Trustees  to  call 
meeting  of  bondholders,  and  how  notified.  §  37.  The 
neglect  of  the  corporation  to  pay  any  overdue  bonds  or 
coupons  secured  by  such  mortgage,  for  90  days  after 
presentment  and  demand  on  the  treasurer  or  president 
thereof,  is  a  breach  of  the  conditions  of  the  mortgage; 
and  thereupon  the  trustees  shall  call  a  meeting  of  the 
bondholders,  by  publishing  the  time  and  place  thereof 
for  three  weeks  successively  in  the  state  paper,  and  in 
some  paper  in  the  county  where  the  road  lies,  the  last 
publication  to  be  one  week  at  least  before  the  time  of 
the  meeting. 

Bondholders  have  one  vote  for  every  $100  of  bonds.  §  38. 
At  such  meeting  and  all  others,  each  bondholder  present 
shall  have  one  vote  for  each  $100  of  bonds  held  by  him 
or  represented  by  proxy;  and  they  may  organize  by  the 
choice  of  a  moderator  and  clerk,  and  determine  whether 
the  trustees  shall  take  possession  of  such  road,  and 
manage  and  operate  it  in  their  behalf. 

Trustees  taking  possession  have  powers  of  corporation. 
§  39.  If  they  so  determine,  the  trustees  shall  take  pos- 
session of  such  road  and  all  other  property  covered  by 
the  mortgage,  and  have  all  the  rights  and  powers,  and  be 
subject  to  all  the  obligations  of  the  directors  and  cor- 
poration of  such  road,  and  may  also  prosecute  and  de- 
fend suits  in  their  own  name  as  tr.ustees. 

Trustees  to  keep  account  of  receipts  and  expenditures. 
§  40.  They  shall  keep  an  accurate  account  of  the  re- 
ceipts and  expenditures  of  such  road,  and  exhibit  it,  on 
request,  to  any  officer  of  the  corporation,  or  other  person 
interested.  They  shall,  from  the  receipts,  keep  the  road, 
buildings  and  equipments  in  repair,  furnish  such  new 
rolling-stock  as  is  necessary,  and  the  balance,  after  pay- 
ing running  expenses,  shall  be  applied  to  the  payment  of 
any  damages  arising  from  misfeasance  in  the  manage- 
ment of  the  road,  and  after  that  according  to  the  rights 
of  parties  under  the  mortgage.  They  are  not  personally 
liable  except  for  malfeasance  or  fraud.  When  all  over- 
due bonds  and  coupons  secured  by  the  mortgage  are 
paid,  they  shall  surrender  the  road  and  other  property  to 
the  parties  entitled  thereto. 

Trustees  to  call  meeting  of  bondholders,  and  report — 
Bondholders  may  fix  their  compensation  and  instruct  them 
to  contract  for  operating  the  road.  §  41.  They  shall  annu- 
ally, and  at  other  times  on  written  request  of  one-fifth 
of  the  bondholders  in  amount,  call  a  meeting  of  the  bond- 
holders in  the  manner  prescribed  in  the  by-laws  of  the 
corporation  for  calling  a  meeting  of  stockholders,  and  re- 
port to  them  the  state  of  the  property,  the  receipts, 
expenses  and  the  application  of  the  funds.  At  such 
meeting,  the  bondholders  may  fix  the  compensation  of 
the  trustees;  instruct  them  to  contract  with  the  direc- 
tors of  the  corporation  or  other  competent  party,  to  ope- 
rate said  road  while  the  trustees  have  the  right  of  pos- 
session, if  approved  by  the  bondholders  at  a  regular 
meeting,  otherwise  not  exceeding  two  years,  and  to  pay 
them  the  net  earnings  thereof;  or  may  give  them  any 
other  Instruction  that  they  deem  advisable;  and  the  trus- 
tees shall  conform  thereto,  unless  inconsistent  with  the 
terms  of  the  trust. 

FORECLOSURE   AND   REDEMPTION    OF    MORTGAGES. 

How  and  when  railroad  mortgages  may  be  foreclosed. 
§  42.  The  trustees,  on  application  of  one-third  of  the  bond- 
holders in  amount,  to  have  such  mortgage  foreclosed,  shall 
Immediately  give  notice  thereof,  by  publishing  it  three 
weeks  successively  in  the  State  paper  and  in  some  paper, 
if  any.  In  each  county  into  which  the  road  extends,  therein 
stating  the  date  and  conditions  of  the  mortgage,  the  claims 
of  the  applicants  under  it,  that  the  conditions  thereof  have 
been  broken,  and  that  for  that  reason  they  claim  a  fore- 
closure; and  they  shall  cause  a  copy  of  such  notice  and  the 
name  and  date  of  each  newspaper  containing  It,  to  be  re- 


632 


National  Association  of  Railway  Commissioners 


corded  In  the  registry  of  deeds  in  every  such  county,  within 
60  days  from  the  first  publication;  and,  unless,  within  three 
years  from  the  first  publication,  the  mortgage  is  redeemed 
by  the  mortgagors  or  those  claiming  under  them,  or  a  bill 
In  equity  as  in  cases  of  the  redemption  of  mortgaged  lands 
is  commenced,  founded  on  payment  or  a  legal  tender  of  the 
amount  of  overdue  bonds  and  coupons,  or  containing  an 
averment  that  the  complainants  are  ready  and  willing  to 
redeem  on  the  rendering  of  an  account,  the  right  of  re- 
demption shall  be  forever  foreclosed. 

Presentation  of  overdue  bonds  and  coupons  for  record. 
§  43.  Each  holder  of  overdue  bonds  or  coupons  shall  pre- 
sent them  to  the  trustees  at  least  30  days  before  the  right 
of  redemption  expires,  to  be  by  them  recorded;  and  such 
right  is  not  lost  by  the  non-payment  of  any  claims  not  so 
presented;  and  the  parties  having  the  right  to  redeem 
shall  have  free  access  to  the  record  of  such  claims. 

Foreclosure  constitutes  holders  a  corporation,  and  trus- 
tees shall  convey  to  it.  §  44.  The  foreclosure  of  the  mort- 
gage shall  inure  to  the  benefit  of  all  the  holders  of  bonds, 
coupons  and  other  claims  secured  thereby,  and  they,  their 
successors  and  assigns  are  constituted  a  corporation,  as  of 
the  date  of  the  foreclosure,  tor  all  the  purposes,  and  with 
all  the  rights  and  powers,  duties  and  obligations  of  the 
original  corporation  by  its  charter;  and  the  trustees  shall 
convey  to  such  new  corporation  by  deeds  all  the  right, 
title  and  interest  which  they  had  by  the  mortgage  and  the 
foreclosure  thereof,  and  thereupon  they  shall  be  discharged. 
If  they  neglect  or  refuse  so  to  convey,  the  court,  on  appli- 
cation in  equity,  may  compel  them  so  to  do. 

First  meeting  of  new  corporation — May  adopt  new  name 
— May  take  possession  and  have  the  use  of  mortgaged  prop- 
erty. §  45.  The  new  corporation  may  call  its  first  meeting 
in  the  manner  provided  for  calling  the  first  meeting  of  the 
original  corporation,  and  may  use  therefor  the  old  name, 
or  by  a  notice,  signed  by  one  or  more  of  said  bondholders, 
setting  forth  the  time,  place  and  purpose  of  the  meeting,  a 
copy  of  which  is  to  be  published  in  a  newspaper,  in  the 
county,  if  any,  otherwise  in  the  State  paper,  seven  days 
before  the  meeting;  but,  at  that  meeting,  it  m.ay  adopt  a 
new  name  by  which  it  shall  always  thereafter  be  known; 
and  it  may  take  and  hold  the  possession,  and  have  the  use 
of  the  mortgaged  property,  although  a  bill  in  equity  to  re- 
deem is  pending,  and  it  may  become  a  party  defendant  to 
such  bill.  This  section  applies  to  all  corporations  men- 
tioned in  §  60. 

NEW  CORPORATION  MAY  REDEEM  PRIOR  MORTGAGES. 

New  corporation  may  vote  to  redeem  prior  mortgage  and 
make  assessments  therefor.  §  46.  If  any  part  of  such  prop- 
erty or  franchise  is  subject  to  a  prior  mortgage,  such  new 
corporation,  at  a  legal  meeting  called  for  that  purpose,  may 
vote  to  redeem  the  same,  and  make  an  assessment  therefor 
on  all  holders  of  stock,  certificates  for  fractions  of  stock, 
bonds,  or  coupons  in  such  corporation  in  proportion  to 
their  amounts.  The  directors  shall  imm.ediately  assess 
such  sum,  and  fix  a  time  and  place  for  the  payment  thereof 
to  the  treasurer,  who  shall  publish  notice  accordingly  six 
weeks  successively  in  some  newspaper,  if  any,  in  each  of 
the  counties  where  the  road  extends,  the  last  publication 
to  be  two  weeks  at  least  before  the  time  fixed  for  payment. 
Sale  of  stock  for  non-payment— Delinquent  stockholder 
not  entitled  to  commutation  or  dividends  until  his  assess- 
ment is  paid.  §  47.  If  any  person  fails  to  pay  his  assess- 
ment within  the  time  fixed,  the  treasurer  shall  sell  enough 
of  his  stock  at  auction  to  pay  the  same,  with  12  per  cent 
Interest  and  the  cost  of  advertising  and  selling,  by  first 
publishing  notice  of  such  sale  three  weeks  successively  in 
a  newspaper  printed  in  the  county  where  the  sale  is  to  be, 
if  any,  and  if  not,  in  an  adjoining  county.  Thereupon  the 
president  and  treasurer  shall  issue  a  new  certificate  of 
stock  to  the  purchaser;  and  the  delinquent  stockholder 
shall  surrender  his  certificate  to  be  canceled,  and  rriay  have 
a  new  one  for  his  unsold  shares;  and  if  he  held  bonds, 
coupons  or  certificates  for  fractions  of  stock,  he  shall  not 
be  entitled  to  commute  them  or  to  receive  any  dividends 
thereon  until  he  has  paid  his  assessment,  with  12  per  cent 
Interest. 

Application  of  funds.  §  48.  The  directors  shall  apply 
the  money  realized  from  such  assessments  solely  to  the 
redemption  of  such  prior  mortgage  until  it  is  fully  paid; 
and  then  all  the  property,  rights  and  interest  secured 
thereby  vest  in  such  new  corporation. 


REDEMPTION    OF   PRIOR    MORTGAGES    BY    SUBSEQUENT    MOBTOAGES. 

When  and  how  suiseguent  mortgagees  may  redeem  prior 
mortgages.  §  49.  When  a  subsequent  mortgage  of  a  rail- 
road, its  franchise  or  any  part  of  its  other  property,  con- 
tain no  provision  for  a  sale,  or  contains  a  conditional  pro- 
vision depending  on  the  application  of  a  majority  in  amount 
of  the  claims  secured  thereby,  and  no  such  application  has 
been  made  to  the  trustees,  the  holder  of  such  mortgage 
may  redeem  a  prior  mortgage  on  the  same  property  which 
is  under  process  of  foreclosure,  at  any  time  before  it  be- 
comes absolute;  and  hold  it  in  trust  for  those  who  con- 
tributed thereto  in  proportion  to  the  amount  paid  by  each. 

Trustees  to  call  a  meeting  and  how  mortgagees  may 
vote  to  redeem.  §  50.  For  such  purpose,  the  trustees  of 
such  subsequent  mortgage,  on  application  of  one  or  more 
persons  interested  therein,  made  six  months  prior  to  the 
absolute  foreclosure  of  such  prior  mortgage,  and  on  pay- 
ment of  reasonable  expenses  to  bo  incurred  thereby,  shall 
call  a  meeting  of  all  interested  and  publish  a  notice  thereof, 
stating  the  time,  place  and  purpose,  three  weeks  suc- 
cessively in  the  State  paper  and  such  other  papers  as  they 
think  proper.  If  at  such  meeting,  or  one  called  by  the 
trustees  without  application,  the  holders  of  a  majority  of 
the  interests  there  represented  vote  to  redeem  the  prior 
mortgage,  each  one  may  contribute  his  proportion  thereto. 
The  trustees  shall  give  immediate  notice  of  such  vote  ty 
publishing  it  as  above,  and  shall  therein  state  the  time  and 
place  of  payment,  and  the  amount  to  be  paid  on  each  $1(  0 
as  nearly  as  may  be.  If  any  one  fails  to  pay  his  propor- 
tion, any  other  person  interested  in  said  subsequent  mort- 
gage may  pay  it,  and  succeed  to  all  his  rights  except  js 
hereinafter  provided. 

Anyone  interested  in  subsequent  mortgage  may  redeeri. 
§  51.  If  no  such  meeting  is  called,  or  it  is  voted  not  1o 
redeem,  one  or  more  of  the  persona  interested  in  such 
subsequent  mortgage,  may  pay  to  the  trustees  thereof  tte 
amount  required  to  redeem  the  prior  mortgage;  and  sued 
trustees  shall  redeem  it  accordingly  and  then  hold  it  ia 
trust  for  the  person  so  paying. 

Delinquents  may  afterwards  pay  their  proportions  ani 
be  restored  to  their  rights — Those  redeeming  may  become 
a  new  corporation.  §  52.  When  a  prior  mortgage  has  bee  i 
redeemed  in  either  mode  aforesaid,  and  all  persons  Inte  - 
ested  in  the  subsequent  mortgage  have  not  paid  their  pn- 
portions  thereof,  the  trustees  shall  publish  a  notice  1 ) 
weeks  successively  in  the  State  paper,  the  first  publlcatio  i 
not  to  be  until  the  right  of  redeeming  the  prior  mcrtgag3 
would  have  expired,  that  delinquents  may  pay  the  same  t  ) 
them  or  their  agents,  with  12  per  cent  interest,  within  on  3 
year  from  the  first  publication  of  said  notice;  and  any  pe  - 
son  so  paying  has  the  same  rights  as  if  he  had  paid  orii  - 
inally;  and  those  not  so  paying  are  barred.  Money  so  pai  1 
shall  be  divided  ratably  to  those  who  advanced  the  n  - 
demption  money;  and  they  may  become  a  new  corporatioi  , 
and  new  certificates  of  stock  or  fractions  of  stock  may  ba 
issued  in  the  manner  and  with  the  rights,  powers  and  obi  - 
gations  hereinbefore  provided. 

Redemption  by  stockholders  of  the  old  corporation-  - 
"What  they  mu^t  pay  and  when.  §  53.  When  a  prior  mor  - 
gage  is  thus  redeemed,  any  number  of  the  stockholders  ( f 
the  old  corporation  may  redeem  it  within  two  years  then  - 
after  by  paying  to  the  trustees  of  such  subsequent  mortgaga 
the  amount  paid  therefor,  with  10  per  cent  interest,  anl 
also  the  amount  secured  by  the  subsequent  mortgage  due 
to  those  who  had  contributed  to  redeem  the  prior  mor - 
gage,  after  deducting  the  net  earnings  of  said  road  or  add- 
ing the  net  deficiencies,  if  operated  by  the  trustees  of  the 
subsequent  mortgage;  and  said  stockholders  may  demanJ 
of  said  trustees  an  accurate  account  of  the  receipts  anl 
expenditures  and  amount  due  on  the  mortgage,  and  hav9 
the  same  remedies  for  a  failure  as  in  case  of  mortgages  c  f 
real  estate.  After  such  redemption,  the  redeeming  stock- 
holders have  all  the  rights  of  those  from  whom  they  re- 
deemed. 

Notice  to  non-contributors  —  Their  rights.  §  54.  The 
stockholders  redeeming  as  aforesaid,  shall  give  notice  to 
the  stockholders  who  have  not  contributed  thereto;  and 
the  latter  shall  have  the  same  rights  as  hereinbefore  pro- 
vided in  the  case  of  bondholders. 

Extension  of  time  of  redemption  after  foreclosure  is 
commenced.  §  55.  The  persons  interested  in  a  prior  mort- 
gage on  which  a  foreclosure  is  commenced,  at  a  meeting 
called  for  the  purpose,  may  extend  the  time  of  redemption; 


Public  Service  Laws 


623 


and  thereupon  the  trustees  of  such  mortgage,  by  a  suitable 
writing,  delivered  to  the  party  entitled  to  redeem,  shall 
extend  the  time  accordingly. 

BIGHTS      OF     PUKCHASERS      UNDER     A      SALE     OF     RAILROAD     AND' 
FRANCHISE. 

Purchasers  at  sale  to  have  rights  of  original  corporation. 
§  56.  When  the  franchise  of  a  railroad  and  its  road,  wholly 
or  partly  constructed,  or  the  right  of  redeeming  the  same 
from  a  mortgage  thereof,  are  sold  by  a  decree  of  court,  by 
a  power  of  sale  in  a  mortgage  thereof,  or  on  execution,  the 
purchasers  have  all  the  rights,  powers  and  obligations  of 
the  corporation,  under  its  charter,  and  may  form  a  new 
corporation  in  the  manner  hereinbefore  provided.  If  the 
original  corporation  or  those  claiming  under  it  have  a  right 
to  redeem,  they  may  do  so  in  the  manner  provided  for  the 
redemption  of  mortgaged  real  estate;  but  shall  pay  in  addi- 
tion to  the  amount  of  the  sale  and  interest,  the  reasonable 
expenditures  made  by  the  new  corporation  in  completing, 
repairing  and  equipping  said  road,  and  in  the  purchase  of 
necessary  property  therefor,  after  deducting  the  net  earn- 
ings thereof. 

Succession  to  rights  and  obligations  of  original  corpora- 
tion subject  to  alterations  by  law.  §  57.  The  trustees  of 
bondholders  or  other  parties  under  contract  with  them 
operating  a  railroad,  and  all  corporations  formed  in  the 
modes  hereinbefore  provided,  have  the  same  rights,  powers 
and  obligations  as  the  old  corporation  had  by  its  charter 
and  the  general  laws;  but  all  said  rights  and  privileges 
are  also  subject  to  amendment,  alteration  or  repeal  by  the 
legislature,  and  to  all  the  general  laws  concerning  rail- 
roads, notwithstanding  anything  to  the  contrary  in  the 
original  charter. 

Original  corporation  continues,  to  close  business,  and 
for  suits.  §  58.  The  original  corporation  shall  exist,  after 
the  foreclosure  of  the  mortgage,  for  the  sole  purpose  of 
closing  its  unsettled  business;  and  the  right  of  action 
against  it  or  its  stockholders  is  not  thereby  impaired;  but 
in  suits  founded  on  any  of  the  bonds  or  coupons  secured 
by  the  mortgage,  the  proportional  actual  value  of  the 
property  taken  under  the  mortgage  shall  be  deducted. 

Supreme  Court  has  equity  jurisdiction  of  all  disputes — 
Rights  at  law  preserved.  §  59.  The  supreme  judicial 
court,  in  addition  to  the  jurisdiction  specifically  conferred 
by  this  chapter,  has  jurisdiction,  as  in  equity,  of  all  other 
matters  in  dispute,  arising  under  the  preceding  sections 
relating  to  trustees,  mortgages,  and  the  redemption  and 
foreclosure  of  mortgages;  but  not  to  take  away  any  rights 
or  remedies  that  any  party  has  and  may  elect  to  enforce 
at  law;  and  in  all  proceedings  relating  to  trustees  or  to 
mortgages,  their  foreclosure  and  redemption,  not  other- 
wise specifically  provided  for  herein,  the  law  relating  to 
trusts  and  mortgages  of  real  estate  may  be  applied. 

Preceding  sections  to  apply  to  mortgages  of  corporations 
given  to  trustees,  as  if  legally  foreclosed.  §  60.  Sections  36 
to  59  each  inclusive,  apply  to  and  include  all  mortgages  of 
franchises,  lands,  property,  hereditaments  and  rights  of 
property  of  every  kind  whatever,  whether  heretofore  given 
or  hereafter  to  be  given  by  any  corporation  to  trustees,  to 
secure  the  payment  of  scrip  or  bonds  of  said  corporation. 
In  all  cases  in  which  the  principal  of  said  scrip  or  bonds 
has  been  due  and  payable  for  more  than  three  years,  and 
remains  unpaid  in  whole  or  in  part,  or  on  which  no  inter- 
est has  been  paid  for  more  than  three  years,  in  the  same 
way  and  to  the  same  extent  as  if  the  mortgage  had  been 
legally  foreclosed,  subject  to  all  rights  of  redemption,  as 
provided  in  §  4G;  and  the  holders  of  said  scrip  or  bonds 
shall  have  the  benefit  of  said  sections,  and  all  the  rights 
and  powers  of  the  corporation  under  its  charter,  and  may 
form  a  new  corporation  in  the  manner  provided  in  this 
chapter,  whenever  the  holders  of  such  scrip  or  bonds  to  an 
amount  exceeding  one-half  of  the  same  so  elect,  in  writing. 
And  any  subsequent  foreclosure,  in  any  method  provided 
by  law,  of  the  mortgage  given  to  secure  such  bonds  or 
scrip,  shall  inure  at  once  for  the  benefit  of  such  corpora- 
tion, and  vest  therein  the  title  acquired  by  such  foreclosure. 

Holders  of  unpaid  scrip  and  bonds  may  foreclose  mort- 
gage. §  61.  A  corporation  formed  by  the  holders  of  such 
scrip  or  bonds,  or  if  no  such  corporation  has  been  formed, 
the  holders  of  not  less  than  a  majority  of  such  scrip  or 
bonds  may  commence  a  suit  in  equity  to  foreclose  such 
mortgage,  and  the  court  may  decree  a  foreclosure  thereof, 


unless  the  arrears  are  paid  within  such  time  as  the  court 
orders. 

Amount  of  capital  stock  of  new  corporation — Value  of 
shares — Not  liable  to  further  assessment.  §  62.  The  capital 
stock  of  such  new  corporation  shall  be  equal  to  the  amount 
of  unpaid  bonds  and  overdue  coupons  secured  by  such 
mortgage,  taken  at  their  face  at  the  time  of  the  organiza- 
tion of  the  new  corporation,  together  with  the  amount  re- 
quired to  redeem  any  prior  mortgage,  and  shall  be  divided 
into  shares  of  $100  each.  All  stock  issued  under  the  afore- 
said provisions  shall  be  taken  and  considered  as  paid  for 
in  full,  and  shall  not  be  liable  to  further  assessment;  and 
no  person,  taking  or  holding  the  same,  shall  by  reason 
thereof  be  liable  for  the  debts  of  such  corporation. 

New  corporation  may  buy  right  of  redemption.  §  63. 
Any  corporation,  formed  under  this  chapter  by  the  holders 
of  railroad  bonds,  may  acquire,  by  purchase,  the  right  of 
redemption  under  the  mortgage  securing  such  bonds. 

When  franchise  lost,  stockholders  may  mantain  suit  in 
equity  for  dissolution — Notice — Trustee.  §  C4.  Whenever 
any  railroad  corporation,  by  foreclosure  of  a  mortgage  or 
in  any  other  method  authorized  by  law,  has  finally  parted 
with  its  franchise  to  construct,  operate  and  maintain  the 
railroad  described  in  its  charter,  any  stockholder  may 
maintain  a  suit  in  equity  in  the  supreme  judicial  court  for 
the  winding  up  of  the  affairs  and  dissolution  of  such  cor- 
poration. In  such  case  the  court  shall  order  such  notice- 
to  all  parties  interested  as  it  may  deem  proper  and  pro- 
ceed according  to  the  usual  course  of  suits  in  equity.  But 
no  trustee  shall  be  appointed,  except  upon  motion  of  some 
party  to  the  proceedings  and  then  only  in  the  discretion 
of  the  court. 

ACCIDENTS. 

Coroners  to  hold  inquest  on  bodies  of  those  killed  on 
road.  §  65.  When  a  fatal  accident  occurs  on  a  railroad, 
the  corporation  using  it  shall  give  immediate  notice  to  the 
county  attorney,  who  shall  call  upon  a  coroner,  residing 
near  the  place  of  the  accident,  to  hold  an  inquest  upon  the 
bodies  of  those  whose  deahs  have  been  so  caused.  If  the 
county  attorney  does  not  reside  within  10  miles  of  said 
place,  some  justice  of  the  peace,  residing  in  the  county, 
shall  be  requested  to  notify  a  coroner  to  hold  such  inquest, 
before  notice  is  given  to  said  attorney. 

The  commissioners  shall  be  notified  immediately  of 
accidents.  §  66.  Whenever  a  serious  accident  occurs 
within  the  State  to  any  passenger  or  freight  train  on  any 
railroad,  whether  any  person  be  fatally  injured  or  other- 
wise, notice  thereof  shall  be  given  immediately  by  telegraph, 
if  practicable,  otherwise  in  writing,  by  the  officers  of  the 
company  operating  the  railroad  on  which  the  accident  oc- 
curred, to  the  railroad  commissioners. 

//  public  interests  require  it  commissioners  shall  make 
investigation.  §  67.  In  the  event  of  any  such  accident,  the 
railroad  commissioners,  or  the  chairman  thereof,  shall,  if 
they  or  he  deem  the  public  interests  require  it,  cause  an 
investigation  to  be  made  forthwith  by  the  board,  which, 
investigation  shall  be  held  in  the  locality  of  thr.  accident, 
unless,  for  reasons  touching  the  convenience  of  all  con- 
cerned, the  commissioners  shall  order  it  to  be  commenced 
at  some  other  place;  but  in  either  case,  the  investigation 
may  be  adjourned  to  some  other  suitable  and  convenient 
place.  The  board  or  the  chairman  thereof,  shall  seasonably 
notify  the  officers  of  the  company,  and  also,  if  the  acci- 
dent shall  have  resulted  fatally  to  one  or  more  persons,, 
the  county  attorney  of  the  county  where  the  accident  oc- 
curred, of  the  time  and  place  of  the  investigation.  The 
board  shall  have  power  to  issue  subpoenas  for  witnesses, 
and  the  testimony  of  each  witness  shall  be  taken  before 
a  sworn  stenographer  and  written  out  in  full  and  signed  by 
the  witness  either  at  the  time  of  the  investigation,  or  as 
soon  thereafter  as  practicable.  Prefixed  to  his  signature 
shall  be  a  statement  that  the  deposition  has  been  care- 
fully read  by  the  witness,  or  carefully  read  to  him,  before 
signing.  Immediately  after  the  investigation  the  board 
shall  make  a  special  report,  stating  what  it  finds  to  be  the 
cause  of  the  accident,  transmit  copies  thereof  to  such 
county  attorney,  and  the  railroad  corporation  concerned, 
and  publish  the  same  in  its  annual  report.  The  taxable 
costs  of  the  investigation  shall  be  made  up  and  certified  to 
the  governor  and  council  by  the  board,  and  the  same  shall 
be  paid  by  the  State.  Wtnesses  in  all  such  cases  shall  be 
allowed  the  same  fees  as  in  the  supreme  judicial  court. 


«24 


National  Association  of  Railway  Commissioners 


When  notice  is  given  county  attorney,  authority  of  cor- 
oners ceases.  §  68.  Whenever,  In  consequence  of  any  such 
accident  having  resulted  fatally  to  one  or  more  persons, 
notice  shall  have  been  given  by  the  board  or  the  chairman 
thereof  to  the  county  attorney  of  its  intention  to  investi- 
gate as  herein  provided,  the  autliority  of  all  coroners  over 
the  case  shall  cease;  and  thereafter,  no  coroner  nor  any 
jury  summoned  by  him,  shall  proceed  further  with  ref- 
erence thereto. 

Corporation  or  person  interested  may  he  heard  with  wit- 
nesses and  other  proofs — Fees,  how  paid.  §  69.  Any  cor- 
poration, or  person  interested  in  the  subject  matter  of  the 
investigation,  may  be  present  and  heard  at  the  same,  either 
In  person  or  by  counsel,  and  with  witnesses  and  other 
proofs;  and  shall  be  entitled  to  the  aid  of  the  board  In 
securing  the  attendance  of  witnesses,  the  fees  of  such  wit- 
nesses, nevertheless,  to  be  paid  by  the  corporation  or  per- 
son securing  their  attendance,  except  so  far  as  the  board 
shall  find  that  justice  requires  that  the  same  shall  be  paid 
by  the  State;  and  such  corporation  or  person  shall  be  en- 
titled to  a  copy  of  the  whole  or  any  portion  of  the  pro- 
ceedings or  report  of  the  board,  and  of  the  evidence  taken 
by  it,  on  paying  the  reasonable  cost  of  making  the  same. 

PB0VI8I0NS  FOB  SAFETY. 

Numter  of  Tyrakemen.  %  70.  No  train  of  passenger  cars, 
moved  by  steam,  shall  be  run  without  one  trusty  and  skilful 
brakeman  to  every  two  cars. 

Danger  signals,  where  disconnected  cars  are  left  on 
track.  §  71.  No  car  disconnected  from  a  train  shall  be  left 
or  permitted  to  remain  standing  on  the  main  track  of  any 
railroad,  unless  accompanied  by  danger  signals,  such  as 
flagging  by  day  and  lanterns  by  night,  placed  at  such  dis- 
tances from  such  obstruction,  on  the  main  line  of  the  road, 
as  will  insure  safety  to  and  from  moving  trains,  and  such 
signals  shall  be  in  charge  of  and  constantly  attended  by 
«mployes  of  the' corporation  owning  or  operating  the  road. 

Penalty  for  violation  of  111  —  Attorneny-general  shall 
Tirosecute — Exception.  §  72.  A  railroad  corporation  violat- 
ing any  provision  of  the  preceding  section,  forfeits  for 
each  offense,  $100  to  the  State,  to  be  recovered  in  an  action 
on  the  case,  or  by  complaint  and  indictment;  and  the 
attorney-general  shall  prosecute  therefor.  Said  section  does 
not  apply  to  street  railroads. 

Railroad  liaUe  for  damages  l)y  fire  from  locomotives — 
Railroad  entitled  to  benefit  of  any  insurance.  §  73.  When 
a  building  or  other  property  is  injured  by  fire  communi- 
cated by  a  locomotive  engine,  the  corporation  using  it  is 
responsible  for  such  injury,  and  it  has  an  insurable  Interest 
in  the  property  along  the  route,  for  which  it  is  responsible, 
and  may  procure  insurance  thereon.  But  such  corpora- 
tions shall  be  entitled  to  the  benefit  of  any  insurance  upon 
such  property  effected  by  the  owner  thereof  less  the  pre- 
mium and  expense  of  recovery.  The  insurance  shall  be 
deducted  from  the  damages,  it  recovered  before  the  dam- 
ages are  assessed,  or,  if  not,  the  policy  shall  be  assigned  to 
such  corporation,  which  may  maintain  an  action  thereon. 
or  prosecute,  at  its  own  expense,  any  action  already  com- 
menced by  the  Insured,  in  either  case  with  all  the  rights 
which  the  insured  originally  had. 

Intoxication  of  train  officer,  engineer  or  sicitchman  pun- 
ished. §  74.  Whoever,  having  charge  of  a  locomotive  en- 
gine, or  acting  as  conductor,  brakeman,  motorman  or 
switchman,  is  intoxicated  while  employed  on  a  railroad, 
shall  be  fined  not  exceeding  $100,  or  imprisoned  not  ex- 
ceeding six  months. 

Negligence  of  employe  punished.  §  75.  Any  person  em- 
ployed in  conducting  trains  who  is  guilty  of  negligence  or 
carelessness  causing  an  injury,  shall  be  punished  by  im- 
prisonment In  jail  not  exceeding  one  year,  or  by  fine  not 
exceeding  $1,000;  but  the  corporation  employing  him  is  not 
thereby  exempt  from  responsibility. 

No  liaiiliiv  for  deat'h  of  person  walking  on  road.  §  76. 
No  railroad  corporation  shall  be  liable  for  the  death  of  a 
person  walking  or  being  on  its  road  contrary  to  law,  or  to 
its  valid  rules  and  regulations. 

Forfeiture  for  standing  or  walking  on  track  or  bridge — 
For  entering  upon  track  with  team.  §  77.  Whoever  with- 
out right,  stands  or  walks  on  a  railroad  track  or  bridge, 
or  passes  over  such  bridge  except  by  railroad  conveyance, 
forfeits  not  less  than  $5,  nor  more  than  $20,  to  be  recov- 
ered  by   complaint;    and   whoever,   without   right,   enters 


upon  any  railroad  track  with  any  team,  or  any  vehicle 
however  propelled,  or  drives  any  team  or  propels  any 
vehicle  upon  any  railroad  track,  shall  be  punished  by  fine 
of  not  less  than  $50,  or  by  imprisonment  not  less  than 
30  days. 

Printed  copy  of  preceding  section  to  be  posted.  §  78. 
A  printed  copy  of  the  preceding  section  shall  be  kept  posted 
in  a  conspicuous  place  in  every  railroad  passenger  station; 
for  neglect  thereof,  the  corporation  forfeits  not  exceeding 
$100  for  every  offense. 

Punishment  for  stranger  getting  upon  or  leaving  train 
xohen  in  motion — Liability  of  corporation  not  affected.  S  79. 
Any  person,  other  than  a  servant  or  employe  of  the  road, 
or  a  passenger  holding  a  ticket  for  a  passage  over  the 
same,  or  mail  agent  or  expressman,  who  gets  upon  or 
leaves  any  steam  engine,  tender  or  car  at  any  place  out- 
side of  a  railroad  station,  while  such  engine,  tender  or  car 
is  in  motion,  shall  be  imprisoned  not  exceeding  30  days,  or 
fined  not  exceeding  $10;  but  this  provision  does  not  affect 
the  liability  of  any  railroad  corporation  for  injuries  or 
damages  caused  by  the  fault  or  negligence  of  the  corpora- 
tion or  its  servants. 

Penalty  for  disorderly  conduct  on  any  public  convey- 
ance. §  80.  Whoever  behaves  in  a  disorderly  or  riotous 
manner  while  on  any  train  of  railroad  cars,  street  railroad 
car,  steamboat  or  ferry,  or  uses  indecent  or  profane  la:i- 
guage  in  such  car,  steamboat  or  ferry,  is  guilty  of  a  breach 
of  the  peace  and  shall  be  fined  not  less  than  $5,  nor  moie 
than  $500,  or  imprisoned  in  jail  not  less  than  30  days  tut 
more  than  one  year,  in  addition  to  any  other  penalty  prv 
vided  by  law. 

Officer  in  charge  may  arrest  and  hold  such  offenders. 
§  81.  The  conductor  of  a  train  of  cars  on  any  railroad  <  r 
of  a  street  railroad  car,  or  the  officer  in  charge  of  any 
steamboat  or  ferry,  may  arrest  and  temporarily  hold  any 
person  guilty  of  such  a  breach  of  the  peace  until  a  warra:  t  _ 
can  be  obtained  or  he  can  be  placed  in  the  custody  of  tte  ' 
proper  officers  of  the  law. 

Frogs  and  guard  rails  to  be  blocked  for  protection  i  / 
employes — Penalty.  §  82.  Every  railroad  corporation  ope  •- 
ating  a  railroad  or  part  of  a  railroad  in  the  State,  shall  ai  1- 
just,  fill  or  block  the  frogs  and  guardrails  on  its  track,  wit  i 
the  exception  of  guardrails  on  bridges,  in  a  manner  sati  ;• 
factory  to  the  board  of  railroad  commissioners,  so  as  to 
prevent  the  feet  of  the  employes  from  being  caught  therel:  i. 
Any  railroad  corporation  failing  so  to  do,  shall  be  pun- 
ished by  a  fine  of  not  less  than  $100,  nor  more  than  $500. 

Method  of  heating  cars  shall  be  approved  by  commi  ;- 
sipners.  §  83.  No  passenger,  mail  or  baggage  car  on  ar  y 
railroad  in  the  State  shall  be  heated  by  any  method  <  f 
heating  or  by  any  furnace  or  heater,  unless  such  method  <  r 
the  use  of  such  furnace  or  heater  shall  first  have  bee  a 
approved  in  writing  by  the  board  of  railroad  commission- 
ers; provided,  however,  that  in  no  event  shall  a  commcQ 
stove  be  allowed  in  any  such  car;  and  provided  also,  ths  t 
any  railroad  corporation  may,  with  the  permission  of  said 
board,  make  such  experiments  in  heating  their  passeng(  r 
cars  as  said  board  may  deem  proper. 

Lighting  by  naphtha  prohibited.  §84.  No  passengrr 
car  on  a  railroad  shall  be  lighted  by  naphtha,  nor  by  sn 
illuminating  oil  or  fluid  made  In  part  of  naphtha,  or  whi(  h 
will  ignite  at  a  temperature  of  less  than  300  degres 
Fahrenheit. 

Penalty  for  violation.  §  85.  Any  railroad  corporati(  n 
violating  any  provision  of  the  two  preceding  sections  for- 
feits not  exceeding  $500. 

Highways,  how  to  be  passed.  §  86.  No  engine  or  tra  n 
shall  be  run  across  a  highway  near  the  compact  part  of  a 
town  at  a  speed  greater  than  six  miles  an  hour,  unless  tl.e 
parties  operating  the  railroad  maintain  a  flagman,  or  a 
gate  or  automatic  signals  ordered  or  approved  by  the  ra  1- 
road  commissioners,  at  the  crossing  of  such  highway.  Aiid 
no  way  shall  be  unreasonably  and  negligently  obstruct<!d 
by  engines,  tenders  or  cars.  The  corporation  forfeits  not 
exceeding  $100  for  every  such  offense. 

Safety  switches  and  switch  lights  at  every  siding.  §  f  7. 
Every  railroad  company  running  express  trains  in  this 
State,  shall  place  safety  switches  of  an  approved  sort  at 
every  siding  connecting  with  the  main  track;  switch  lights 
shall  also  be  maintained  throughout  that  portion  of  every 
railroad  where  trains  are  run  after  dark. 

Penalty  for  changing  switch  or  lights.    %  88.    Whoever, 


Public  Service  Laws 


625 


without  authority,  shall  alter,  change,  or  in  any  manner  in- 
terfere with  any  safety  switch  or  switch  lights  on  any 
railroad,  shall  be  liable  to  a  fine  of  not  less  than  $100,  or 
Imprisonment  for  not  less  than  GO  days. 

Railroad  signals,  penalty  for  injuring  or  tampering 
with.  §  89.  Whoever  intentionally  and  without  right  in- 
jures, destroys  or  molests  any  signal  of  a  railroad  corpora- 
tion, or  any  line,  wire  post,  lamp  or  other  structure  or 
mechanism  used  in  connection  with  any  signal  on  a  rail- 
road, or  destroys  or  in  any  manner  interferes  with  the 
proper  working  of  any  signal  on  a  railroad,  shall  be  pun- 
ished by  fine  not  exceeding  $500,  or  by  imprisonment  not 
exceeding  two  years. 

Speed  at  railroad  crossings.  §  90.  When  one  railroad 
crosses  another  on  the  same  grade,  every  engineman  on 
both,  when  approaching  the  point  of  intersection,  with  an 
engine  with  or  without  a  train,  shall  stop  his  engine  within 
500  feet  of  such  point  and  before  reaching  it,  and  shall  pass 
it  at  a  rate  not  exceeding  eight  miles  an  hour,  except  when 
from  the  condition  of  the  track  or  train  it  shall  be  neces- 
sary to  run  at  greater  speed;  in  which  case  the  conductor 
or  person  in  charge  of  the  train  shall  station  some  per- 
son at  said  crossing,  with  a  flag  by  day  and  a  lantern  by 
night,  to  warn  trains  approaching  on  the  other  road;  but 
when  two  or  more  crossings  on  the  same  road  are  within 
400  feet  of  each  other,  one  stop  is  sufficient;  any  such  en- 
gineman, conductor,  or  person  in  charge  of  the  train  vio- 
lating this  provision,  forfeits  for  each  offense,  $100,  and 
the  corporation  on  whose  road  the  offense  is  committed  for- 
feits $200. 

Regulations  at  railroad  crossings — Signals  for  approach- 
ing trains.  §  91.  When  railroads  cross  each  other  at  grade 
the  parties  operating  the  railroad  last  located  there,  shall 
build  and  maintain  a  suitable  signal  station  at  such  cross- 
ing, at  which  a  competent  signal  officer  shall  be  kept  at  the 
joint  expense  of  the  parties  operating  the  railroads.  The 
signal  shall  not  be  set  for  a  train  to  cross,  until  the  engine 
of  such  train  shall  have  arrived  within  500  feet  of  the 
intersection  and  stopped;  and  no  train  or  engine  shall  cross 
the  track  of  the  other  road,  until  the  proper  signal  for  it  to 
cross  shall  have  been  set  in  position  by  the  signal  officer. 
Only  one  train  or  engine  shall  be  allowed  to  cross  under 
one  setting  of  the  signal  unless  coming  from  opposite  di- 
rections on  the  same  railroad.  When  the  signal  has  been 
set  for  the  trains  on  one  of  the  railroads,  it  shall  not  be 
changed  until  thos«  trains  shall  have  passed  entirely  over 
the  crossing.  When  trains  on  both  railroads  approach 
the  crossing  at  about  the  same  time,  preference  shall  be 
given  to  passenger  trains  and  the  signal  shall  be  set  for 
the  trains  on  each  road  in  alternate  order. 

Automatic  signals  may  be  established  at  railroad  cross- 
ings— Any  railroad,  establishing  such  system,  shall  be 
exempt  from  provisions  of  §§  00  and  91.  %  92.  The  board 
of  railroad  commissioners  may,  on  the  application  of 
any  railroad  corporation  whose  road  crosses  another 
railroad  at  the  same  level,  after  due  notice  and  hearing 
of  the  parties,  authorize  the  applicant  to  establish  and 
maintain  a  system  of  interlocking  or  automatic  signals, 
at  any  crossing  of  said  roads,  at  its  own  expense,  and 
erect  and  maintain  the  necessary  wires,  rods,  signal 
posts  and  signals,  in  such  manner  as  the  board  shall 
prescribe.  And  when  such  system  is  established,  and 
has  been  approved  in  writing  by  said  board,  the  corpo- 
ration establishing  the  same,  and  its  railroad,  shall  be 
excepted,  as  to  that  crossing,  from  the  provisions  of  the 
two  preceding  sections,  so  long  as  the  railroad  commis- 
sioners shall  continue  their  approval. 

When  both  such  railroads  may  be  exempt  from  provi- 
sions of  §§90  and  91 — How  expense  of  such  system  shall  be 
paid — When  aicard  for  payment  of  cost  of  signals  may  be 
revised.  §  93.  Whenever,  after  the  establishment  and  ap- 
proval of  such  system  of  signals,  the  party  owning  or 
operating  said  other  railroad  at  such  crossing  shall  have 
paid  to  the  corporation  by  which  said  signals  were 
established  such  part  of  the  cost  for  establishing  the 
same  as  shall,  after  hearing  on  petition  of  the  party  own- 
ing or  operating  said  other  railroad,  be  awarded  by  the 
board  of  railroad  commissioners,  both  railroads  shall 
be  excepted,  as  to  that  crossing,  as  provided  in  the  pre- 
ceding section,  from  the  provisions  of  §§  90  and  91. 
Until  such  payment  said  other  railroad  corporation  shall 
contribute  toward  the  expense  of  operating  said  signals, 
in  semi-annual  payments,  a  sum  equal   to  the  cost  to  it 


of  operating  the  signals  used  by  it  at  said  crossing 
before  the  establishment  of  the  signals  herein  provided, 
tor.  After  payment  of  the  award  aforesaid  the  expense 
of  maintaining  and  operating  the  same  shall  be  borne- 
by  the  two  railroad  corporations  according  to  the  pro- 
portions fixed  by  the  award  for  paying  the  original  cost 
of  the  signals.  And  said  award,  so  far  as  it  relates  to- 
the  cost  of  maintaining  and  operating  said  signals,  may,, 
at  the  request  of  either  party,  be  revised  after  an  inter- 
val of  five  years  from  the  original  award  or  from  the- 
award  next  preceding  such  request. 

Location  of  railroad  near  the  station  of  another  com- 
pany forbidden.  §  94.  No  railroad  company  shall  construct 
or  maintain  a  track,  or  run  an  engine  or  cars  on  a  street 
or  highway  so  near  any  station  of  another  railroad  as  to 
endanger  the  safety  and  convenient  access  to  and  use 
of  such  station  for  ordinary  station  purposes. 

BAILROAD  EQUIPMENT. 

Contract  for  conditional  sale  of  railroad  equipment — 
In  contract  for  leasing,  conditional  sale  may  be  stipulated. 
§  95.  In  any  contract  for  the  sale  of  equipment  or  roll- 
ing-stock for  a  railroad  of  any  kind,  it  shall  be  lawful 
to  agree  that  the  title  to  the  property  sold  or  contracted 
to  be  sold,  although  possession  thereof  may  be  delivered 
immediately,  or  at  any  time  or  times  subsequently,  shall 
not  vest  in  the  purchaser  until  the  purchase  price  shall 
be  fully  paid,  or  that  the  seller  shall  have  and  retain 
a  lien  thereon  for  the  unpaid  purchase  money.  And  in 
any  contract  for  the  leasing  or  hiring  of  such  property, 
it  shall  be  lawful  to  stipulate  for  a  conditional  sale 
thereof  at  the  termination  of  such  contract,  and  that 
the  rentals  or  amounts  to  be  received  under  such  con- 
tract, may,  as  paid,  be  applied  and  treated  as  purchase 
money,  and  that  the  title  to  the  property  shall  not  vest 
in  the  lessee  or  bailee  until  the  purchase  price  shall 
have  been  paid  in  full,  and  until  the  terms  of  the  con- 
tract shall  have  been  fully  performed,  notwithstanding 
delivery  to  and  possession  by  such  lessee  or  bailee; 
provided,  that  no  such  contract  shall  be  valid  as  against 
any  subsequent  judgment  creditor,  or  any  subsequent 
bona  fide  purchaser  for  value  and  without  notice,  unless: 

Shall  be  evidenced  by  duly  executed  instrument.  1.  The 
same  shall  be  evidenced  by  an  instrument  executed  by 
the  parties  and  duly  acknowledged  by  the  vendee  or 
lessee  or  bailee  as  the  case  may  be,  or  duly  proved,  be- 
fore some  person  authorized  by  law  to  take  acknowledg- 
ment of  deeds,  and  in  the  same  manner  as  deeds  are 
acknowledged   or  proved. 

Instrument  shall  be  recorded.  2.  Such  Instrument  shall 
be  filed  for  record  in  the  office  of  the  secretary  of  State 
of  this  State. 

Engines  and  cars  leased  shall  be  marked  with  name  of 
vendor,  etc.  3.  Each  locomotive  engine  or  car  so  sold, 
leased  or  hired,  or  contracted  to  be  sold,  leased  or  hired 
as  aforesaid,  shall  have  the  name  of  the  vendor,  lessor 
or  bailor  plainly  marked  on  each  side  thereof,  followed 
by  the  word  "owner"  or  "lessor"  or  "bailor,"  as  the 
case   may  be. 

Contracts  and  declarations  shall  be  recorded  by  secre- 
tary of  State.  §  96.  The  contracts  herein  authorized  shall 
be  recorded  by  the  secretary  of  State  in  a  book  of 
records  to  be  kept  for  that  purpose.  And  on  payment 
in  full  of  the  purchase  money,  and  the  performance  of 
the  terms  and  conditions  stipulated  in  any  such  contract, 
a  declaration  in  writing  to  that  effect  may  be  made  by 
the  vendor,  lessor  or  bailor,  or  his  or  its  assignee,  which 
declaration  may  be  made  on  the  margin  of  the  record  of 
the  contract,  duly  attested,  or  it  may  be  made  by  a 
separate  instrument,  to  be  acknowledged  by  the  vendor, 
lessor  or  bailor,  or  his  or  its  assignee,  and  recorded  as 
aforesaid. 

Provisions  of  chapter  113,  §  5,  and  chapter  93  shall  not 
apply  to  such  contracts — Property  subject  to  trustee  process. 
§  97.  The  provisions  of  §  5  of  chapter  113  shall  not 
apply  to  any  contract  specified  in  §  95,  nor  shall  any 
contract  specified  in  said  section  be  construed  a  mortgage 
or  an  instrument  under  chapter  93,  requiring  foreclosure 
and  entitling  the  holder  of  property  thereunder  to  an 
equity  of  redemption,  but  any  personal  property  held 
under  any  contract  specified  in  §  95  shall  be  subject  to 
trustee  process  as  provided  In  §  50  of  chapter  88. 


€26 


National  Association  of  Railway  Commissioners 


Contracts  rnade  before  April  2!),  tS93,  not  affected.  §  98. 
The  three  preceding  sections  shall  not  be  held  to  invali- 
date or  affect  in  any  way,  any  contract  of  the  kind  re- 
ferred to  in  §  95,  made  before  April  29,  1893,  and  any 
such  contract  theretofore  made  may,  upon  compliance 
with  the  provisions  hereof,  be  recorded  as  herein  pro- 
vided. 

CHAPTER  53. 

STREET   RAILROADS. 

All  street  railroads  shall  have  powers  conferred  by  the 
general  laws.  §  1.  All  street  railroad  corporations  shall, 
in  addition  to  their  chartered  rights,  have  all  the  rights 
and  powers  conferred  from  time  to  time  by  general  laws 
upon  street  railroad  corporations,  and  be  subject  to  the 
conditions,    restrictions   and   limitations   thereby   imposed. 

Organization  of  street  railroad  companies.  §  2.  Any 
number  of  persons  not  less  than  five,  a  majority  of  whom 
shall  be  citizens  of  this  State,  may  form  a  company  for 
the  purpose  of  constructing,  maintaining  and  operating 
by  electricity,  compressed  air  or  animal  power,  a  street 
railroad  for  public  use,  for  street  traffic  for  the  convey- 
ance of  persons  and  property,  and  for  that  purpose  may 
make  and  sign  articles  of  association  in  which  shall  be 
stated  the  name  of  the  company,  the  gauge  of  the  road, 
the  places,  cities  and  towns  from  which,  in  which  and  to 
which  the  road  is  to  be  constructed,  maintained  and  oper- 
ated, the  length  of  such  road,  as  nearly  as  may  be,  the 
amount  of  capital  stock  which  shall  not  be  less  than 
$4,000  for  every  mile  of  road  proposed  to  be  constructed, 
the  number  of  shares  of  which  said  stock  shall  consist, 
and  the  names  and  places  of  residence  of  at  least  three 
persons,  a  majority  of  whom  shall  be  citizens  of  this 
State  who  shall  act  as  directors  of  the  proposed  com- 
pany, and  manage  its  affairs  until  others  are  chosen 
In  their  places.  Each  subscriber  shall  sign  his  name, 
residence  and  number  of  shares  which  he  agreed  to  take 
In   said  company. 

Articles  of  association,  when  to  be  filed.  §  3.  Said  articles 
of  association  shall  not  be  filed  and  recorded  in  the  manner 
provided  in  the  following  section,  until  the  capital  stock 
named  in  the  preceding  section  has  been  subscribed 
thereto,  in  good  faith,  by  responsible  parties,  and  5  per 
cent  paid  thereon  in  cash,  to  the  directors  named  in  said 
articles,  nor  until  there  is  indorsed  thereon  or  annexed 
thereto,  an  affidavit  made  by  a  majority  of  the  directors 
named  therein,  that  the  amount  of  stock  required  by  the 
preceding  section,  has  been  in  good  faith  subscribed, 
and  5  per  cent  paid  thereon  in  cash  as  aforesaid,  and 
that  is  is  intended  in  good  faith  to  construct,  maintain 
and  operate  the  road  mentioned  in  such  articles,  which 
affidavit  shall  be  recorded  therewith  as  aforesaid. 

Approval  of  articles  by  commissioners  —  Secretary  of 
State  shall  issue  certificate.  §  4.  Whenever  It  is  shown  to 
the  satisfaction  of  the  railroad  commissioners  that  all 
the  provisions  of  the  two  preceding  sections  have  been 
complied  with,  they  shall  indorse  upon  said  articles  a 
certificate  of  such  facts  and  their  approval  in  writing. 
The  secretary  of  State  shall,  upon  payment  of  the  fees 
prescribed  by  §  5  of  chapter  47  cause  the  same  with  thi 
indorsement  thereon  to  be  recorded,  and  shall  issue  a 
certificate  in  the  following  form: 

[Form  omitted.] 

To  be  evidence  of  establishment  of  corporation.  The 
secretary  of  State  shall  sign  the  same  and  cause  the  seal 
of  the  State  to  be  affixed,  and  such  certificate  shall  be 
conclusive  evidence  of  the  organization  and  establishment 
of  such  corporation  at  the  date  thereof.  The  secretary 
of  State  shall  also  cause  a  record  of  such  certificate  to 
be  made,  and  a  certified  copy  of  such  record  may  with 
like  effect  as  the  original  certificate  be  given  in  evidence 
to  prove  the  existence  of  such  a  corporation. 

First  meeting,  how  called.  §  5.  The  first  meeting  for 
the  purpose  of  organizing  such  corporation  shall  be  called 
by  a  notice,  signed  by  three  of  the  subscribers  to  such 
articles  of  association,  stating  the  time,  place  and  pur- 
pose of  such  meeting,  a  copy  of  which  notice  shall,  seven 
days  at  least  before  the  day  appointed  therefor,  be  given 
to  each  subscriber,  or  left  at  his  usual  place  of  business 
or  residence,  or  deposited  in  the  post  office,  postpaid, 
addressed  to  him  at  his  usual  place  of  business  or  resi- 
dence;   and   whoever   gives   such   notice   shall   make  affi- 


davit of  his  doings  which  shall  be  recorded  in  the  records 
of  the  company. 

Capital  stock,  how  increased.  §  6.  If  the  capital  stock 
of  any  such  company  formed  under  the  foregoing  pro- 
visions is  found  to  be  insufficient  for  constructing  and 
equipping  its  road,  such  company  may  increase  the  same 
from  time  to  time,  to  any  amount  for  the  purpose  afore- 
said. Such  Increase  must  be  sanctioned  by  a  vote,  in 
person  or  by  proxy,  of  two-thirds  in  amount  of  all  the 
stockholders  at  a  meeting  thereof  called  by  the  directors 
for  that  purpose. 

Petition  for  approval  of  location — If  location  not  ap- 
proved by  town  officers  or  is  not  accepted  by  corporation, 
appeal  may  be  taken  to  supreme  judicial  court — Proceed- 
ings. §  7.  Every  corporation  organized  under  the  fore- 
going provisions  before  commencing  the  construction  of 
its  road  shall  present  to  the  railroad  commissioners  a 
petition  for  approval  of  location,  defining  its  courses, 
distances  and  boundaries,  accompanied  with  a  map  of 
the  proposed  route  on  an  appropriate  scale,  with  tlie 
written  approval  of  the  proposed  route  and  location  as 
to  streets,  roads  or  way§,  of  the  municipal  officers  of  the 
cities  and'  towns  in  which  said  railroad  is  to  be  con- 
structed in  whole  or  in  part  and  with  a  report  and  esti- 
mate prepared  by  a  skilful  engineer.  If  the  municipil 
officers  upon  written  application  thereof  neglect  for  ;!0 
days  to  approve  a  route  and  location  as  to  streets,  roads 
or  ways,  or  if  they  refuse  to  approve  such  a  route  and  1  > 
cation,  or  if  such  route  and  location  approved  by  them  s 
not  accepted  by  the  corporation,  in  either  case  said  cor- 
poration may  appeal  to  the  next  term  of  the  supren  e 
judicial  court  to  be  held  in  any  county  where  any  pa  -t 
of  said  railroad  is  located,  more  than  30  days  from  tl  e 
expiration  of  said  30  days  or  from  the  date  of  such  r  i- 
fusal,  or  from  the  approval  of  a  location  that  is  ni^t 
accepted  by  the  corporation,  or  otherwise,  as  the  cai  e 
may  be,  excluding  the  day  of  the  commencement  of  tl  e 
session  of  said  court.  If  said  railroad  is  located  in  tv,  o 
or  more  counties,  the  supreme  judicial  court  in  eithi  r 
county  shall  have  jurisdiction  of  any  such  appellate  pr  )- 
ceedings.  The  appellant  shall  serve  written  notice  <  f 
such  appeal  upon  said  municipal  officers  14  days  at  lea;  t 
before  the  session  of  said  court  and  shall  at  the  flri  t 
term  file  a  complaint  setting  forth  substantially  the  fac  s 
of  the  case.  If  the  appeal  is  then  entered,  and  not  afte  - 
wards,  the  court  shall  appoint  a  committee  of  three  dl  j- 
interested  persons,  who  shall  be  sworn,  and  if  one  (  f 
them  dies,  declines  or  becomes  interested,  the  court  m£  y 
appoint  some  suitable  person  in  his  place.  They  sha  il 
give  such  notice  as  the  court  has  ordered,  view  tl  e 
proposed  route  or  routes  and  location  or  locations  ar  d 
make  their  report  at  the  next  term  of  the  court  aft<  r 
their  appointment,  defining  therein  the  route  and  locatic  a 
as  to  streets,  roads  or  ways  as  determined  by  thei  i, 
which,  after  acceptance  and  entry  of  judgment  thereo  i, 
shall  forthwith  be  certified  to  the  railroad  commissione:  s 
and  received  by  them  in  lieu  of  the  approval  of  tl  e 
municipal  officers.  Costs  may  be  taxed  and  allowed  !  s 
the  court  may  order.  A  failure  to  appeal  shall  not  bi  r 
the  corporation  from  making  a  new  application  to  mui  i- 
cipal  officers. 

Hearing — If  railroad  commissioners  approve  locatio  i, 
certificate  shall  be  filed  with  their  clerk  toithin  SO  dats. 
Said  commissioners  shall  upon  presentation  of  such  pe'  1- 
tion  appoint  a  day  for  a  hearing  thereon  and  the  pe;  i- 
tioner  shall  give  such  notice  thereof  as  said  commissio  i- 
ers  deem  reasonable  and  proper,  in  order  that  all  persons 
interested  may  have  an  opportunity  to  appear  and  ob- 
ject thereto.  At  such  hearing  any  party  interested  mi  y 
appear  in  person  or  by  counsel.  The  board  of  railrosd 
commissioners  after  hearing  the  petition  shall,  if  thoy 
approve  such  location,  subject  to  the  provisions  of  §  12, 
then  determine  whether  public  convenience  requires  the 
construction  of  such  road  and  make  a  certificate  of  such 
determination  in  writing,  which  certificate  shall  be  filed 
with  their  clerk  within  30  days  after  such  hearing. 
Within  five  days  after  the  filing  of  such  certificate  wl;h 
him,  said  clerk  shall  notify  all  who  have  become  parties 
of  record  as  aforesaid,  or  their  counsel,  of  such  deter- 
mination and  decision,  by  sending  to  each  party  or  their 
counsel,  by  mail,  a  certified  copy  of  such  certificate  so 
filed  with  him. 

Corporations  may  proceed  with  construction,  but  shall 


Public  Service  Laws 


637 


first  file  plans  o/  location — Extensions  and  additions  may 
6e  made — 2Vo  railroad  shall  tie  located  across  tidewaters 
without  consent  of  the  legislature.  If  the  board  of  railroad 
commissioners  approve  such  location  and  find  that  pub- 
lic convenience  requires  the  construction  of  said  road, 
the  corporation  may  proceed  with  the  construction  of 
said  road,  provided,  that  it  first  files  with  the  clerk  of 
county  commissioners  for  the  county  in  which  said  street 
railroad  is  to  be  located,  a  copy  of  the  location  and  plan 
aforesaid  and  another  copy  of  the  same  with  the  board 
of  railroad  commissioners.  Any  extension  of,  addition 
to,  or  variation  from  the  location  of  any  street  railroad, 
organized  under  the  provisions  hereof,  may  be  made  in 
accordance  with  and  subject  to  the  foregoing  provisions; 
provided,  that  no  railroad  shall  be  located  across  tide 
waters  where  vessels  can  navigate  unless  special  per- 
mission of  the  legislature  is  obtained;  no  such  permis- 
sion shall  be  necessary  where  such  railroad  is  desired, 
to  cross  public  bridges  already  erected,  but  the  authority 
to  determine  whether  such  crossing  shall  be  permitted 
stall  rest  with  the  municipal  officers  of  the  cities  or 
towns  liable  for  the  repair  of  such  bridges  respectively, 
who  may  impose  such  conditions  and  terms  upon  rail- 
roads desiring  to  cross  the  same  as  to  them  may  seem 
expedient.  In  case  any  county  is  liable  for  the  repair  of 
a  bridge,  the  county  commissioners  of  such  county  shall 
have  authority  in  the  premises. 

Articles  of  association  may  be  amended  as  railr.oad  com- 
missioners deem  necessary — Location  may  be  amended. 
§  8.  Articles  of  association  filed  under  §  4  may  be  amended 
at  any  time  upon  petition  therefor  signed  by  all  of  the 
corporators  after  such  notice  thereof  as  the  railroad  com- 
missioners may  deem  necessary.  No  proceedings  shall  be 
dismissed  because  of  the  death  of  any  person  named 
as  a  director  or  corporator,  before  final  decree  of 
approval  of  location,  but  the  survivors  may  elect  a 
new  director  or  admit  another  associate,  who  shall 
sign  the  original  articles  of  association  and  the  sub- 
scription of  stock  then  on  file  in  the  office  of  said 
commissioners.  Any  location  may  be  amended  at  any 
time  before  final  approval  thereof,  after  notice  and  hear- 
ing thereon  by  the  railroad  commissioners,  by  filing  a 
consent  to  said  amendment  signed  by  the  municipal  of- 
ficers of  the  town  interested.  Amendments  to  petitions 
relating  to  street  railroad  corporations  filed  before  the 
railroad  commissioners  may  be  made  at  any  time  before 
final  decree  with  or  without  notice,  as  the  commissioners 
may  decide  public  interest  may  require. 

Municipal  officers  may  approve  additional  locations  for 
turnouts.  §  9.  When  the  location  of  any  street  railroad 
shall  have  been  approved  as  provided  by  law,  the  munic- 
ipal officers  may  approve  such  additional  locations  for 
turnouts  and  spurs  to  property  used  or  to  be  used  by  said 
corjKjration  in  the  operation  of  its  road  as  shall  be 
necessary  therefor,  and  such  additional  locations  shall 
not  be  deemed  to  be  extensions,  additions  or  variations 
within   the  meaning  of  this  chapter. 

Construction  of  road  to  begin  within  three  years.  §  10. 
If  any  corporation  formed  under  the  foregoing  sections 
does  not,  within  three  years  after  its  articles  of  associ- 
ation are  filed  and  recorded  in  the  oflice  of  the  secretary 
of  State,  begin  the  construction  of  its  road  and  expend 
thereon  10  per  cent  of  its  capital.  Its  corporate  existence 
and  power  shall  cease. 

Commissioners  may  revive  any  charter.  §  11.  The 
board  of  railroad  commissioners  may  revive  the  corporate 
existence  and  power  of  any  such  corporation  which  may 
have  ceased  by  its  failure  to  proceed  with  its  construc- 
tion within  the  time  limited  by  the  foregoing  section, 
upon  an  application  made  to  them  therefor  by  the  direc- 
tors of  such  corporation  after  notice  and  hearing  thereon. 

Corporations  may  take  land  outside  of  streets  and  ways. 
§  12.  Such  corporation  may  purchase  or  take  and  hold 
by  its  location  aforesaid,  as  for  public  uses,  land  outside 
of  the  limits  of  streets,  roads  or  ways  and  all  materials 
In  and  around  it  for  the  location,  construction  and  conve- 
nient use  of  its  road,  whenever  for  any  reason  it  appears 
that  the  public  service  of  said  corporation  would  be  thereby 
better  performed.  All  damages  for  land  and  materials 
BO  taken  shall  be  determined  and  paid  in  the  manner  and 
under  proceedings  as  provided  in  case  of  lands  taken  for 
steam  railroads.  [As  amended  by  Act  approved  March  22, 
1911.] 


May  purchase  or  take  and  hold  land  for  gravel  pits,  etc. 
— //  owner  of  land  does  not  consent,  may  apply  to  railroad 
commissioners — Meeting  shall  be  appointed.  §  13.  Any 
street  railroad  corporation  may  purchase  or  take  and 
hold,  as  for  public  uses,  land  for  borrow  and  gravel  pits, 
spur  tracks  thereto,  sidetracks,  turnouts,  stations,  car 
barns,  pole  lines,  wires,  installing  and  maintaining  power 
plants,  double  tracking  its  road,  improving  the  alignment 
thereof,  changing  or  avoiding  grades,  or  for  avoiding 
grade  crossings  of  any  railroad;  but  if  the  owner  of  said 
land  does  not  consent  thereto,  or  if  the  parties  do  not 
agree  as  to  the  necessity  therefor  or  the  area  necessary 
to  be  taken,  the  corporation  may  make  written  applica- 
tion to  the  railroad ,  commissioners,  describing  the  estate 
and  naming  the  persons  supposed  to  be  interested;  the 
commissioners  shall  thereupon  appoint  a  time  for  the 
meeting  near  the  premises,  and  require  notices  to  be 
given  to  the  persons  so  interested  as  they  may  direct, 
14  days  at  least  before  said  time;  and  shall  then  view 
the  prernlses,  hear  the  parties,  and  determine  how  much, 
if  any,  of  such  real  estate  is  necessary  for  the  reasonable 
accommodation  of  the  traffic  and  appropriate  business  of 
the  corporation.  If  they  find  that  any  of  it  is  so  neces- 
sary, they  shall  furnish  the  corporation  with  a  certificate 
containing  a  definite  description  thereof;  and  when  such 
certificate  is  filed  with  the  clerk  of  courts  in  the  county 
where  the  land  lies,  the  land  shall  be  deemed  and  treated 
as  taken;  provided,  however,  that  when  land  is  held  by  a 
tenant  for  life  and  the  reversion  is  contingent  as  to  the 
persons  in  whom  it  may  vest  on  the  termination  of  the 
life  estate,  such  fact  shall  be  stated  in  the  application 
and  the  commissioners  shall,  in  addition  to  the  notice  to 
the  tenant  for  life,  give  notice  by  publication  to  all  others 
interested  in  such  matter  as  they  deem  proper. 

No  entry,  except  for  survey  before  filing  of  certificate — 
Damages — Exceptions.  §  14.  The  land  taken  under  the 
preceding  section  shall  not  be  entered  upon  except  to 
make  surveys  before  the  certificate  aforesaid  has  been 
filed  with  the  clerk  of  courts.  All  damages  shall  be  de- 
termined and  paid  as  provided  by  chapter  51,  in  the  case 
of  lands  taken  for  steam  railroads,  and  §  34  of  said  chap- 
ter shall  be  applicable  thereto.  No  meeting-house,  dwel- 
ling-house, public  or  private  burying-grounds  shall  be  so 
taken  without  consent  of  the  owners.  Nothing  herein 
contained  shall  authorize  the  taking  of  lands  already  de- 
voted to  railroad  uses  except  in  cases  where  the  railroad 
commissioners  determine  that  such  lands  may  be  crossed 
in  such  manner  as  to  avoid  grade  crossings  with  rail- 
roads. 

Location  may  be  canceled  by  municipal  officers  upon 
petition  of  directors.  §  15.  Whenever  a  location  for  a 
street  railroad  upon  any  street,  road  or  way  has  been 
approved  under  the  general  law  or  any  special  Act,  with 
no  actual  occupation  thereof  by  the  rails  of  such  com- 
pany, such  location  in  whole  or  in  part  may  be  canceled 
at  any  time  by  the  municipal  officers  of  the  town  where 
so  located  upon  the  petition  of  the  directors  of  the  cor- 
poration entiled  to  the  same. 

Location  may  be  changed  under  direction  of  railroad 
commissioners.  §  16.  Any  street  railroad  corporation,  un- 
der the  direction  of  the  railroad  commissioners,  may 
make  any  changes  in  the  location  of  its  road  which  it 
deems  necessary  or  expedient  and  such  changes  shall  be 
recorded  where  the  original  location  was  required  by  law 
to  be  recorded. 

Street  railroads  may  be  extended  to  other  places.  §  17. 
Any  street  railroad  corporation  of  this  State,  may  b« 
authorized  to  extend,  construct,  maintain  and  operate  its 
road  to,  into  and  through  cities  and  towns,  other  than 
and  in  addition  to  those  named  in  its  charter  or  articles 
of  association,  on  application  to  the  board  of  railroad 
commissioners,  and  by  compliance  with  and  subject  to  the 
provisions  of  §  7  of  this  chapter;  the  right  of  any 
connecting  street  railroad  company  specially  conferred 
upon  it  by  its  charter  shall  be  preserved  unimpaired. 

Certain  provisions  made  applicable  to  street  railroads. 
§  18.  So  far  as  applicable  the  provisions  of  §§  29  to  47 
both  inclusive,  §§  50,  54,  55  and  56.  of  chapter  51,  and 
§§  7,  8,  9,  26,  27,  28,  29,  30,  31,  32,  33,  60,  66  to  69  both 
inclusive,  74  and  75,  of  chapter  52,  shall  apply  to  street 
railroads. 

Shall  be  constructed  in  manner  prescribed  by  municipal 
officers.      §  19.      Said   railroads   shall   be   constructed   and 


^38 


National  Association  of  Eailway  Commissioners 


maintained  in  such  form  and  manner,  and  with  such  rails 
and  upon  such  grade  as  the  municii>al  officers  of  the 
cities  and  towns  where  the  same  are  located  may  direct, 
and  whenever  in  the  judgment  of  such  corporation  it  shall 
be  necessary  to  alter  the  grade  of  any  city,~  town  or 
county  road,  said  alterations  shall  be  made  at  the  sole 
expense  of  said  corporation  with  the  assent  and  in  accord- 
ance with  the  directions  of  said  municipal  offic€rs.  The 
said  corporation  may  at  any  time  appeal  from  the  decis- 
ion of  such  municipal  officers  determining  the  form  and 
manner  of  the  construction  and  maintenance  of  its  rail- 
road and  the  kind  of  rail  to  be  used,  to  the  board  of 
railroad  commissioners  who  shall  upon  notice  hear  the 
parties  and  finally  determine  the  questions  raised  by  said 
appeal. 

Shall  not  be  operated  until  commissioners  grant  certifi- 
cate of  safety.  §  20.  No  street  railroad  shall  be  operated 
for  street  traffic  until  said  commissioners  have  made  an 
Inspection  of  such  railroad  and  granted  a  certificate  of 
Its  safety  for  public  travel.  Any  person  or  corporation 
violating  the  provisions  of  this  section,  forfeits  to  the 
State  $100  for  each  offense,  to  be  recovered  in  an  action 
on  the  case,  or  by  complaint  and  indictment,  and  the 
attorney-general  shall  institute  proceedings  to  recover  the 
eame. 

But  one  railroad  shall  occupy  streets  at  same  time.  §  21. 
No  corporation  or  person  shall  be  permitted  to  construct 
or  maintain  any  railroad  for  similar  purposes  over  the 
streets,  roads  or  ways  that  may  be  lawfully  occupied 
by  a  street  railroad  in  any  city  or  town,  but  any  person 
or  corporation  lawfully  operating  any  street  railroad  to 
any  point  to  which  the  tracks  of  any  other  street  rail- 
road extend,  may  enter  upon,  connect  with  and  use  the 
Bame,  on  such  terms  and  in  such  manner  as  may  be 
agreed  upon  between  the  parties  or  if  they  shall  not 
agree,  to  be  determined  by  the  railroad  commissioners 
upon  application,  notice  and  hearing  thereof. 

May  erect  all  necessary  power  stations,  etc.  §  22.  Any 
corporation  organized  under  the  provisions  of  §  2  may 
erect  and  maintain  all  necessary  or  convenient  power  sta- 
tions, car  houses  and  lines  of  poles,  wires,  appliances 
and  appurtenances,  subject  to  the  general  laws  of  the 
State  regulating  the  erection  of  posts  and  lines,  for  the 
purposes  of  electricity. 

Any  street  railroad  company  may  maintain  hotels,  etc. 
— May  hold  shares  of  corporations.  §  23.  Any  street  rail- 
road corporation  of  this  State  may  erect  and  maintain 
hotels,  cottages,  places  of  amusement  and  pleasure 
grounds  along  its  route,  and  for  that  purpose  may  pur- 
chase and  hold  real  estate  and  personal  property  neces 
sary  or  convenient  therefor;  provided^  that  the  right  of 
taking  lands  or  other  property  shall  not  extend  to  prop- 
erty to  be  used  for  such  purposes,  and  such  street  rail- 
road corporations  may  purchase  and  hold  shares  of  the 
capital  stock  of  any  other  corporation  engaged  in  the 
business  of  owning,  leasing,  maintaining  or  operating 
such  hotels,  cottages,  places  of  amusement  and  pleasure 
grounds. 

May  issue  bonds  and  mortgage  property.  §  24.  Any 
street  railroad  corporation  may  issue  bonds  in  accord 
ance  with  the  provisions  of  the  general  law  for  any  lawful 
purpose,  and  secure  the  same  by  mortgage  of  its  road, 
franchises  and  property. 

Municipal  officers  may  make  necessary  regulations — 
Appeal.  §  25.  The  municipal  officers  of  any  town  may 
make  at  all  times,  such  regulations  as  to  the  mode  of 
use  of  tracks  of  any  street  railroad,  the  rate  of  speed  and 
the  removal  and  disposal  of  snow  and  ice  from  the 
streets,  roads  and  ways,  by  any  street  railroad  corpora- 
tion, as  the  public  safety  and  convenience  may  require. 
Any  street  railroad  corporation  may  appeal  from  the  de- 
cision of  such  municipal  officers  making  any  regulation 
under  this  section,  to  the  board  of  railroad  commissioners, 
who  shall  upon  notice  hear  the  parties  and  finally  de- 
termine the  questions  raised  by  said  appeal. 

Corporations  shall  keep  streets  in  repair.  §  26.  Such 
corporations  shall  keep  and  maintain  in  repair  such 
portions  of  the  streets,  roads  or  ways,  as  shall  be  by 
them  occupied,  and  shall  make  all  other  repairs  therein, 
rendered  necessary  by  such  occupation.  If  not  repaired 
upon  reasonable  notice,  such  repairs  may  be  made  by 
said  towns  at  the  expense  of  said  corporation. 


Liable  for  all  damages.  §  27.  All  street  railroad  corpo- 
rations shall  be  liable  for  any  loss  or  damage  which  any 
person  may  sustain,  by  reason  of  any  negligence  or  mis- 
conduct of  any  such  corporation,  its  agents  or  servants, 
or  by  reason  of  any  obstructions,  or  defects  in  any  street 
or  road  of  any  city  or  town,  caused  by  the  negligence 
of  such  corporation,  its  agents  or  servants,  and  shall 
hold  such  city  or  town  harmless  from  any  suits  for  such 
loss  or  damages;  provided,  such  company  shall  have 
notice  of  any  such  suit,  and  shall  be  allowed  to  defend 
the  same. 

Penalty  for  obstructing  corporation.  §  28.  Whoever 
wilfully  and  maliciously  obstructs  any  street  railroad 
corporation  in  the  use  of  its  roads,  tracks  or  property, 
or  the  passing  of  cars  of  said  corporation  thereon,  and 
whoever  aids  or  abets  therein,  shall  be  punished  by  a  fine 
not  exceeding  $200,  or  by  imprisonment  not  exceeding  60 
days. 

Spitting  on  floor  of  ears  forbidden — Copy  of  law  to  be 
posted.  §  29.  Whoever  spits  upon  the  floor  of  any  street 
car  shall  be  fined  not  less  than  $2,  nor  more  than  $10 
to  be  recovered  on  complaint.  The  officers  of  all  street 
railroad  companies  shall  cause  a  copy  of  this  section  to 
be  posted  in  their  several  street  cars. 

Municipal  officers  may  authorize  company  to  discontinie 
running  of  cars  in  winter — Appeal  may  be  taken  to  railroad 
commissioners.  §  30.  Upon  a  written  application  by  any 
street  railroad  corporation,  to  the  municipal  officers  of 
any  city  or  town,  and  hearing  thereon,  the  municipal 
officers  may  authorize  said  corporation  to  discontinue  tie 
running  of  its  cars,  during  such  portion  of  the  winter 
months,  and  upon  such  terms  and  conditions  as  th"y 
may  determine;  said  corporation  may  appeal  from  su^  H 
decision  to  the  board  of  railroad  commissioners,  wlio 
shall  after  reasonable  notice  and  hearing,  make  such  a 
determination  thereon  as  shall  be  reasonable  and  prog<  r^ 
and  their  decision  shall  be  final. 


CHAPTER  7,  §§  58,  60,  64,  REVISED  STATUTES,  PAOI  S" 
135  AND  136. 


opjry 
01  3" 


FIRES  IN  FORESTS. 

Inquiry  shall  be  made  into  origin  of  woodland  H^ 
§  58.  Municipal  officers  in  towns,  and  county  comm;  s- 
sioners,  the  latter  with  respect  to  unorganized  plac«  ^, 
shall  proceed  immediately  to  a  strict  inquiry  into  tl  e 
cause  and  origin  of  fires,  within  wood  lands;  and  in  ill 
cases  where  such  fires  are  found  to  have  originated  fro  n 
the  unlawful  act  of  any  i>erson,  shall  cause  the  offend  r 
to  be  prosecuted  without  delay. 

Railroad  covipanies  shall  remove  all  inflammable  moi  s- 
rial  from  right  of  icay.  §  60.  Every  railroad  compai  y 
whose  road  passes  through  waste  or  forest  lands,  shi  11 
during  each  year  cut  and  burn  oft  or  remove  from  i  s 
right  of  way  all  grass,  brush  or  other  inflammable  a  i- 
terial,  but  under  proper  care  and  at  times  when  fir  ss 
are  not  liable  to  spread  beyond  control. 

Locomotives  provided  with  spark  arresters.  §  61.  }  11 
locomotives  which  shall  be  run  through  forest  lands,  shi  11 
be  provided  with  approved  and  efficient  arrangements  t  irj 
preventing  the  escape  of  fire  and  sparks. 

Railroad  employes  shall  not  deposit  fire  on  tracTt^ 
vicinity  of  woodlands.  §  62.  No  railroad  company  shi  11' 
permit  its  employes  to  deposit  fire,  live  coals  or  ash(  s, 
upon  its  track  in  the  immediate  vicinity  of  wood  Ian  la 
or  land  liable  to  be  overrun  by  fires,  and  when  engineers, 
conductors  or  train  men  discover  that  fences  along  t  le 
right  of  way  or  wood  lands  adjacent  to  the  railroads,  are 
burning  or  in  danger  from  fire,  they  shall  report  the  sai  le 
at  their  next  stopping  place  which  shall  be  a  telegra:)h 
station. 

Railroads  under  construction  liable  for  all  damages  to 
forest  growth  caused  by  employes.  §  63.  For  all  damages 
caused  to  forest  growth  by  any  person  employed  in  t  le 
construction  of  any  railroad  built  in  this  State  after  M  ly 
3,  1891,  the  company  owning  such  road  shall  be  primarly 
liable  to  the  person  or  persons  so  damaged.  During  tiie 
construction  of  such  roads  through  wood  land,  there 
shall  be  kept  posted  in  conspicuous  places  on  each  line 
of  the  roadways  at  distances  of  200  feet,  abstracts  of  the 
laws  relating  to  forest  fires.  Any  person  employed  in  the 
construction  of  such  railroads,  who  shall  set  or  cause  to 
be  iiet  any  fire  along  the  line  of  said  roads,  shall,  befor« 


Public  Service  Laws 


629 


leaving  the  same,  totally  extinguish  said  fires,  and  upon 
failure  to  do  so,  such  person  shall  be  punished  by  a  fine 
of  not  exceeding  $500  or  by  imprisonment  in  the  county 
jail  not  exceeding  60  days,  or  by  both  such  fine  and  im- 
prisonment. All  persons  having  charge  of  men  in  the 
construction  ot  such  railroads  shall  see  that  the  provis- 
ions of  this  section  are  carefully  complied  with,  and  for 
any  negligence  or  want  of  ordinary  care  on  their  part  in 
relation  to  the  same,  they  shall  be  liable  to  the  penalties 
imposed  by  this  section. 

Penalty  for  violation  of.  §  64.  Any  railroad  company 
violating  the  requirements  of  §§  60,  61  and  62,  shall  be 
liable  to  a  fine  of  $100  for  each  offense. 

CHAPTER  8.     REVISED  STATUTES. 

TAXATION  OP   CORPORATE  FRANCHISES. 

Taxation  and  rate.  §  18.  Every  corporation  incorpo- 
rated under  the  laws  of  the  State,  except  such  as  are 
excepted  by  §  26  of  chapter  47,  shall  pay  an  annual 
franchise  tax  of  $5,  provided  the  authorized  capital  of 
said  corporation  does  not  exceed  $50,000,  of  $10,  provided 
said  authorized  capital  exceeds  $50,000,  and  does  not  ex- 
ceed $200,000,  of  $25,  provided  said  authorized  capital 
exceeds  $200,000,  and  does  not  exceed  $500,000,  of  $50, 
provided  said  authorized  capital  exceeds  $500,000,  and 
does  not  exceed  $1,000,000,  and  the  further  sum  of 
$25  a  year  for  each  $1,000,000,  or  any  part  thereof,  in 
excess  of  $1,000,000. 

Taxes,  how  assessed  and  when  due  and  payable.  §  19. 
The  board  of  State  assessors  shall,  on  or  before  the 
first  day  of  July,  annually,  assess  the  tax  provided  by  the 
preceding  section  upon  the  authorized  capital  stock  of 
each  of  said  corporations  and  shall  certify  the  same  to 
the  secretary  of  State,  who  shall  thereupon  notify  eacK 
of  said  corporations  of  the  amount  of  said  tax  assessed 
to  it,  and  such  tax  shall  become  due  and  payable  from 
said  corporation  into  the  State  treasury,  on  the  first 
day  of  September  thereafter. 

Tax  shall  be  a  debt  due  from  corporation.  |  20.  Such 
tax  shall  be  a  debt  due  from  such  corporation  to  the 
State,  for  which  an  action  of  debt  may  be  maintained 
after  the  same  shall  have  been  in  arrears  for  the  period 
of  one  month;  such  tax  shall  also  be  a  preferred  debt 
In  case  of  insolvency  under  the  laws  of  this  State,  or 
in  any  process  of  liquidation  in  its  courts. 

In  case  of  neglect  or  refusal  to  pay,  charter  liable  to 
forfeiture.  §  21.  If  any  corporation  liable  to  taxation 
under  §  18  shall  for  one  year  neglect  or  refuse  to  pay 
to  the  State  any  tax  or  penalty  assessed  against  it 
hereunder,  its  charter  shall  be  liable  to  forfeiture  as 
hereinafter   provided. 

Proceedings  when  any  company  shall  have  been  in 
arrears  six  months.  §  22.  The  treasurer  of  State,  when- 
ever any  tax  due  under  the  four  preceding  sections  from 
any  company  shall  have  remained  in  arrears  for  a 
I>eriod  of  six  months  after  the  same  shall  have  become 
payable,  shall  report  the  same  to  the  attorney-general, 
who  shall  forthwith  apply  to  the  supreme  judicial  court 
In  equity  in  the  name  of  the  State,  for  the  forfeiture  of 
the  charter  of  such  delinquent  corporation,  and  said 
court  shall  order  such  notice  to  all  parties  interested  as 
it  may  deem  proper  and  shall  have  jurisdiction  in  said 
cause  to  appoint  receivers,  issue  injunctions  and  pass 
Interlocutory  decrees  and  orders  according  to  the  usual 
course  of  proceedings  in  equity,  and  to  make  such  final 
orders  and  decrees  as  the  nature  of  the  case  may  require. 

T.\XATION    OF    RAILROAD    COMPANIES. 

Annual  returns  of  railroad  companies — To  state  length 
of  line  and  assessed  value  of  stations,  etc.  §  23.  Every 
railroad  company,  incorporated  under  the  laws  of  the 
State,  or  doing  business  therein,  shall  annually,  between 
the  first  and  fifteenth  days  of  April,  return  to  the  secre- 
tary of  State  under  oath  of  its  treasurer,  the  amount  of 
the  capital  stock  of  the  corporation,  the  number  and 
par  value  of  the  shares,  and  a  complete  list  of  its  share- 
holders, with  their  places  of  residence  and  the  number 
of  shares  belonging  to  each  on  said  first  day  of  April. 
The  returns  shall  also  contain  a  statement  of  the  whole 
length  of  its  line,  the  length  of  its  line  within  the  State, 
and  the  assessed  value  in  each  town  of  its  stations  and 
other  property  taxed  by  municipalities. 


Corporations  or  persons  operating  railroads  shall  pay 
annual  excise  tax — State  shall  pay  cities  and  towns  1  per 
cent  on  stock  held  therein.  §  24.  Every  corporation,  per- 
son or  association,  operating  any  railroad  in  the  State 
under  lease  or  otherwise,  shall  pay  to  the  treasurer  of 
State,  for  the  use  of  the  State,  an  annual  excise  tax, 
for  the  privilege  ot  exercising  its  franchises  and  the 
franchises  of  Its  leased  roads  in  the  State,  which,  with 
the  tax  provided  for  in  §  4  of  chapter  9,  is  in  place 
of  all  taxes  upon  such  railroad,  its  property  and  stock. 
There  shall  be  apportioned  and  paid  by  the  State  from 
the  taxes  received  under  this  and  the  five  following  sec- 
tions and  under  §  31,  to  the  several  cities  and  towns  in 
which,  on  the  first  day  of  April  In  each  year,  is  held  rail- 
road stock  of  either  such  operating  or  operated  roads 
exempted  from  other  taxation,  an  amount  equal  to  1  per 
cent  on  the  value  of  such  stock  on  that  day,  as  deter- 
mined by  the  board  of  State  assessors;  provided,  how- 
ever that  the  total  amount  thus  apportioned  on  account 
of  any  railroad,  shall  not  exceed  the  sum  received  by 
the  State  as  tax  on  account  ot  such  railroad;  and  pro- 
vided further,  that  there  shall  not  be  apportioned  on  ac- 
count of  any  railroad  and  its  several  parts,  if  any, 
operated  by  lease  or  otherwise,  a  greater  part  of  the 
whole  tax  received  from  such  railroad  and  its  several 
parts,  than  the  proportion  which  the  amount  of  capital 
stock  of  such  railroad  and  its  several  parts  owned  in 
this  State,  bears  to  the  whole  amount  of  the  capital 
stock  of  said  railroad  and  its  several  parts. 

Amount  of  tax  on  railroad,  how  ascertained.  §  25.  The 
amount  of  such  annual  excise  tax  shall  be  ascertained  as  fol- 
lows:  the  amount  of  the  gross  transportation  receipts  as  re-' 
turned  to  the  railroad  commissioners  for  the  year  ending  on 
the  thirtieth  day  of  June  preceding  the  levying  ot  such 
tax,  shall  be  divided  by  the  number  of  miles  of  railroad 
operated,  to  ascertain  the  average  gross  receipts  per 
mile;  when  such  average  receipts  per  mile  do  not  exceed 
$1,500,  the  tax  shall  be  equal  to  ij^  of  1  per  cent  of  the 
gross  transportation  receipts;  when  the  average  receipts 
per  mile  exceed  $1,500  and  do  not  exceed  $2,000,  the  tax 
shall  be  equal  to  %  of  1  per  cent  of  the  gross  receipts; 
and  so  on  Increasing  the  rate  of  the  tax  %  of  1  per  cent 
for  each  additional  $500  of  average  gross  receipts  per 
mile  or  fractional  part  thereof;  provided,  that  the  rate 
shall  in  no  event  exceed  4  per  cent. 

Railroads  partly  outside  of  the  State,  how  tax  is  ascer- 
tained. When  a  railroad  lies  partly  within  and  partly 
without  the  State,  or  is  operated  as  a  part  of  a  line  or 
system  extending  beyond  the  State,  the  tax  shall  be  equal 
to  the  same  proportion  of  the  gross  receipts  in  the  State, 
as  herein  provided,  and  Its  amount  shall  be  determined 
as  follows:  the  gross  transportation  receipts  of  such  rail- 
road, line  or  system,  as  the  case  may  be,  over  Its  whole 
extent,  within  and  without  the  State,  shall  be  divided  by 
the  total  number  of  miles  operated  to  obtain  the  average 
gross  receipts  per  mile,  and  the  gross  receipts  In  the 
State  shall  be  taken  to  be  the  average  gross  receipts  per 
mile,  multiplied  by  the  number  of  miles  operated  within 
the  State. 

Tax,  how  fixed — Notice  to  companies.  §  26.  The  board 
of  State  assessors,  on  or  before  the  first  day  of  each 
April,  shall  determine  the  amount  of  such  tax,  and  report 
the  same  to  the  treasurer  of  State,  who  shall  forthwith 
give  notice  thereof  to  the  corporation,  i>erson  or  associa- 
tion, upon  which  the  tax  is  levied. 

Tax  payable  in  July  and  October — Tax  to  be  a  lien  and 
take  precedence.  §  27.  Said  tax  shall  be  payable  one-half 
on  the  first  day  of  July  next  after  the  levy  is  made,  and 
the  other  half  on  the  first  day  of  October  following. 
Said  tax  shall  be  a  lien  on  the  railroad  operated,  and 
take  precedence  of  all  other  li^ns  and  incumbrances. 

Aggrieved  parties  may  apply  for  abatement.  §  28.  Any 
corporation,  person  or  association  aggrieved  by  the  action 
of  the  board  of  State  assessors  in  determining  the  tax, 
through  error  or  mistake  in  calculating  the  same,  may 
apply  for  abatement  of  any  such  excessive  tax  within  the 
year  for  which  such  tax  is  assessed,  and  if,  upon  re- 
hearing and  re-examination,  the  tax  appears  to  be  exces- 
sive through  such  error  or  mistake,  the  board  of  State 
assessors  may  thereupon  abate  such  excess,  and  the 
amount  so  abated  shall  be  deducted  from  any  tax  due 
and  unpaid,  upon  the  railroad  upon  which  the  excessive 
tax    was    assessed;    or,    if   there    is   no    such    unpaid    tax. 


630 


National  Association  of  Eailway  Commissioneus 


the  governor  shall  draw  his  warrant  for  the  abatement, 
to  be  paid  from  any  money  in  the  treasury  not  otherwise 
appropriated. 

Further  returns  may  he  required  by  railroad  commis- 
sioners— Railroad  commissioners  shall  have  access  to  books 
of  railroad  companies — Penalty  for  refusing  to  make  re- 
turns or  for  making  false  ones.  §  29.  If  the  returns  required 
by  law,  in  relation  to  railroads,  are  found  insufficient  to 
furnish  the  basis  upon  which  the  tax  is  to  be  levied,  the 
*  railroad  commissioners  shall  require  such  additional  facts 
in  the  returns  as  may  be  found  necessary;  and,  until 
such  returns  are  so  required,  or,  in  default  of  such  re- 
turns when  required,  the  board  of  State  assessors  shall 
act  upon  the  best  information  that  they  may  obtain.  The 
railroad  commissioners  shall  have  access  to  the  books 
of  railroad  companies,  to  ascertain  if  the  required  returns 
are  correctly  made;  and  any  railroad  corporation,  associ- 
ation, or  person  operating  any  railroad  in  the  State, 
which  refuses  or  neglects  to  make  returns  required  by 
law,  or  to  exhibit  to  the  railroad  commissioners  its  books 
for  the  purposes  aforesaid,  or  makes  returns  which  the 
president,  clerk,  treasurer,  or  other  person  certifying  to 
such  returns  knows  to  be  false,  forfeits  not  less  than 
$1,000,  nor  more  than  $10,000,  to  be  recovered  by  indict- 
ment, or  by  an  action  of  debt  in  any  county  into  which 
the  railroad  operated  extends. 

Additional  tax  for  salaries  and  expenses  of  railroad 
commissioners.  §  30.  Every  railroad  company  operating 
any  railroad  in  the  State  shall  pay  to  the  treasurer  of 
State  a  tax,  in  addition  to  all  other  taxes  provided  by 
law,  which  shall  be  such  a  sum  as  shall  be  its  propor- 
tional part  of  the  amount  of  the  salary,  and  salary  of 
clerks,  and  expenses  of  the  board  of  railroad  commisr 
sioners  as  provided  in  §  48  of  chapter  51,  to  be  deter- 
mined by  the  board  of  State  assessors  on  or  before 
April  1  of  each  year,  according  to  the  gross  transporta- 
tion receipts  of  any  such  railroad  company  in  this  State, 
as  returned  to  the  railroad  commissioners  for  the  year 
ending  June  30  preceding  the  levying  of  such  tax.  The 
board  of  State  assessors  shall  report  the  same  to  the 
treasurer  of  State,  who  shall  forthwith  give  notice  thereof, 
to  every  railroad  company  operating  any  railroad  in  this 
State,  and  said  tax  shall  be  payable  on  the  first'  day  of 
July  next  after  the  levy  is  made. 

Taxation  of  street  railroad  corporations.  §  31.  Street 
railroad  corporations  and  associations  are  subject  to  the 
eight  preceding  sections  and  to  §  4  of  chapter  9,  except 
that  the  annual  excise  tax  shall  be  ascertained  as  fol- 
lows: When  the  gross  average  receipts  per  mile  do  not 
exceed  |1,000  the  tax  shall  be  equal  to  3-20  of  1  per  cent 
on  the  gross  transportation  receipts;  and  for  each  $1,000 
additional  gross  receipts  per  mile,  or  fractional  part 
thereof,  the  rate  shall  be  increased  3-20  of  1  per  cent. 

Owners  of  palace  cars  required  to  pay  an  annual  excise 
tax.  §  32.  Every  corporation  or  person  owning  or  operat- 
ing palace  or  other  cars  for  which  extra  compensation  is 
charged  for  riding  therein  over  any  of  the  railroads  of 
the  State,  shall  annually,  on  the  first  day  of  September, 
pay  to  the  treasurer  of  State  for  the  use  of  the  State,  an 
annual  excise  tax  for  the  privilege  of  exercising  its 
franchises  in  the  State,  equal  to  4  per  cent  of  its  or  his 
gross  receipts  from  business  done  wholly  in  the  State 
for  the  year  ending  June  30  next  preceding. 

Returns  to  State  assessors.  §33.  Every  such  corpora- 
tion or  person  shall  by  its  properly  authorized  agent  or 
officer  annually  on  or  before  the  first  day  of  August,  make 
a  return  under  oath  to  the  board  of  state  assessors,  stat- 
ing the  amount  of  such  gross  receipts;  whereupon  the 
board  of  state  assessors  shall  on  or  before  the  fifteenth 
day  of  said  August  assess  the  tax  herein  provided  and 
forthwith  certify  the  same  to  the  treasurer  of  State,  who 
shall  thereupon  notify  said  corporations  or  persons;  said 
tax  shall  be  paid  into  the  state  treasury  on  or  before 
the  first  day  of  September  following,  and,  is  in  place  of  all 
local  taxation  upon  the  cars  and  equipment  of  said  corpo- 
rations or  persons  used  in  carrying  on  business  in  the  State. 

Penalty  for  neglecting  to  make  return.  §  34.  Any  cor- 
poration or  person  neglecting  to  make  returns  according 
to  the  preceding  section  forfeits  $25  for  every  day's  neg- 
lect, to  be  recovered  by  action  of  debt  in  the  name  of 
the  State. 


CHAPTER  9,    §  4,  REVISED   STATUTES.  PAGE   154. 

TAXATION   OF  RAILROAD  BUILDIKGS,  LAND,  ETC. 

Railroad  buildings,  etc.,  subject  to  mundcipal  tax  as  non- 
resident land.  §  4.  The  buildings  of  every  railroad  corpo- 
ration or  association,  whether  within  or  without  the  located 
right  of  way,  and  its  lands  and  fixtures  outside  of  its 
located  right  of  way,  are  subject  to  taxation  by  the  cities 
and  towns  in  which  the  same  are  situated,  as  other  prop- 
erty is  taxed  therein,  and  shall  be  regarded  as  non- 
resident land. 

CHAPTER    19,    §§  1    and    7,    PAGES    265-258,    REVISED 
STATUTES. 

contagious  cattle  diseases — POWER  OF  CATTLE  COMMISSION —  , 
THE  PREVENTION  OF  CONTAGIOUS  DISEASES  AMOKO  ANIMA 
THE    STATE   OF   MAINE   CATTLE   COMMISSION. 


Board  of  cattle  commissioners,  apppointment  of — Title — * 
Tenure — Compensation.  §  1.  For  the  purpose  of  facilitiit- 
ing  and  encouraging  the  live  stock  interests  of  the  State, 
and  for  extirpating  all  insidious,  infectious  and  contagious 
dseases  among  cattle,  horses  and  sheep,  and  especially 
tuberculosis,  the  governor  shall  appoint  a  board  of  cattle 
commissioners,  consisting  of  three  persons  of  known 
executive  ability,  who  shall  be  charged  with  the  execution 
of  the  provisions  of  the  10  following  sections,  shall  le 
known  and  designated  as  the  State  of  Maine  Cattle  Co:n- 
mission,  and  shall  hold  office  during  the  pleasure  of  tie 
governor.  The  compensation  of  said  commissioners  shall 
be  at  the  rate  of  $3  a  day  during  the  time  they  are 
actually  engaged  in  the  discharge  of  their  duties  as  com- 
missioners. The  said  commissioners  shall  elect  one  of 
their  number  as  president. 

Transportation  of  diseased  or  suspected  cattle  forbiddi  >;. 
§7.  No  person  or  persons  owning  or  operating  any 
railroad,  nor  the  owner  or  owners  or  masters  of  any 
steam,  sailing  or  other  vessels,  within  the  State,  shi.U 
receive  for  transportation,  or  transport  from  one  part  of 
the  State  to  another  part  of  the  State,  or  bring  from 
any  other  State  or  foreign  country  any  animals  affect  id 
with  any  of  the  diseases  named  in  §  2,  or  that  ha  e 
been  exposed  to  such  diseases,  especially  the  disease 
known  as  tuberculosis,  knowing  such  animals  to  be  i  f- 
fected,  or  to  have  been  so  exposed;  nor  shall  any  pers>n 
or  persons,  company  or  corporation,  deliver  for  such  trai  s- 
portation  to  any  railroad  company,  or  to  the  mast  it 
or  owner  of  any  vessel,  any  animals,  knowing  th«  m 
to  be  affected  with,  or  to  have  been  exposed  to,  a  ly 
of  said  diseases;  nor  shall  any  person  or  persoi  s, 
company  or  corporation,  drive  on  foot,  or  transpe  rt 
in  private  conveyance,  from  one  part  of  the  St£  te 
to  another  part  of  the  State,  any  animal,  knowing  t  le 
same  to  be  affected  with,  or  to  have  been  exposed  to,  a  ly 
of  said  diseases.  VS^hoever  violates  the  provisions  of 
this  section  shall  be  punished  by  a  fine  not  exceeding  $2i  0, 
or  by  imprisonment  not  exceeding  six  months,  or  by  be  thj, 
fine  and  Imprisonment. 


sJil 


CHAPTER  21,  §  4,  REVISED  STATUTES,  PAGES  263^ 

Proceedings  when  public  sewer  or  drain  crosses  right  of 
way  of  any  railroad.  §  4.  Whenever  a  public  drain  or 
sewer  is  located  and  about  to  be  constructed  under  ftie 
general  provisions  of  law  across  the  right  of  way  of  a  ay 
railroad,  unless  the  municipal  officers  or  committee  of 
the  city  or  town  which  located  the  drain  or  sewer  shiU 
agree  with  the  corporation  operating  such  railroad  as  to 
the  place,  manner  and  conditions  of  the  crossing,  Ihe 
railroad  commissioners,  upon  petition  of  either  party, 
after  notice  and  hearing  shall  determine  the  plaie, 
manner  and  conditions  of  such  crossing;  all  the  w(  rk 
within  the  limits  of  such  railroad  location  shall  be  dene 
under  the  supervision  of  the  officers  of  the  corporation 
operating  said  railroad  and  to  the  satisfaction  of  (he 
railroad  commissioners,  and  the  expense  thereof  shall  be 
borne  by  the  city  or  town  in  which  said  drain  or  sever 
is  located;  provided,  however,  that  any  additional  ex- 
pense in  the  construction  of  that  part  of  the  sewer  or 
drain  within  the  limits  of  the  right  of  way  of  said  rail- 
road occasioned  by  the  determination  of  said  commis- 
sioners shall  be  borne  by  said  railroad  company  or  by 
the  city  or  town  in  which  said  drain  or  sewer  is  located, 
or  shall  be  apportioned  between  such  company  and  the 
city  or  town  as  may  be  determined  by  said  railroad  com- 


Public  Service  Laws 


631 


niissioners.  Said  commissioners  shall  make  report  of 
their  decision  in  the  same  manner  as  in  the  case  of  high- 
ways located  across  railroads  and  subject  to  the  same 
right  of  appeal. 

CHAPTER  23,   §  §  28,  31  AND  32,  REVISED  STATUTES, 
PAGES  280-281. 

HIGHWAYS    LAID    ACROSS    RAILROADS. 

Lands  shall  not  be  taken  from  a  railroad  for  any  way 
without  notice  and  hearing.  §  28.  No  private  way,  town 
way,  city  street  or  highway,  taking  land  of  any  railroad 
corporation,  shall  be  located,  unless  a  notice  of  the  time 
and  place  of  the  hearing  upon  said  location  has  been 
served  upon  the  station  agent  of  said  railroad  within  such 
town  or  city,  if  any,  otherwise  upon  such  agent  whose 
station  is  nearest  to  the  land  proposed  to  be  so  taken,  at 
least  seven  days  before  the  time  for  such  hearing. 

Ways,  crossing  railroad  tracks,  how  laid  out — Manner 
and  conditions  of  crossing  to  tie  determined  by  railroad 
commissioners — Expense  of  building,  how  borne — Commis- 
sioners shall  report  to  railroad  corporations  and  municipal 
officers — Appeal  may  be  taken  to  supreme  judicial  court. 
§  29.  Town  ways  and  highways  may  be  laid  out  across, 
over  or  under  any  railroad  track,  in  the  same  manner  as 
other  town  ways  and  highways,  except  that  before  such 
way  shall  be  constructed,  the  railroad  commissioners,  on 
application  of  the  municipal  officers  of  the  city  or  town 
wherein  such  way  is  located  or  of  the  parties  owning  or 
operating  the  railroad,  shall  upon  notice  and  hearing, 
determine  whether  the  way  shall  be  permitted  to  cross 
such  track  at  grade  therewith  or  not,  and  the  manner  and 
conditions  of  crossing  the  same  and  the  expense  of  build- 
ing and  maintaining  so  much  thereof  as  is  within  the 
limits  of  such  railroad  shall  be  borne  by  such  railroad 
company,  or  by  the  city  or  town  in  which  such  way  is 
located,  or  shall  be  apportioned  between  such  company 
and  city  or  town,  as  may  be  determined  by  said  railroad 
commissioners.  Said  commissioners  shall  make  a  report 
in  writing  of  their  decision  thereupon,  file  the  same  in 
their  office  and  cause  to  be  sent  by  mail  or  otherwise  to 
each  of  the  railroad  corporations,  and  the  municipal  offi- 
cers of  the  city  or  town  as  the  case  may  be,  interested 
therein,  a  copy  of  such  decision.  Such  decision  shall  be 
final  and  binding  upon  all  parties  unless  an  appeal  there- 
from shall  be  taken  and  entered  at  the  next  succeeding 
term  of  the  supreme  judicial  court,  to  be  held  in  the 
county  where  the  crossing  is  located,  more  than  30  days 
after  the  date  of  the  filing  of  the  report.  The  appellant 
shall  within  14  days  from  the  date  of  the  filing  of  such 
report  file  in  the  office  of  the  board  of  railroad  commis- 
sioners its  reasons  for  appeal  and  14  days  at  least  before 
the  sitting  of  the  appellate  court  it  shall  cause  to  be 
served  upon  such  other  interested  corporations  or  muni- 
cipality a  copy  of  such  reasons  for  appeal,  certified  by 
the  clerk  of  the  board  of  railroad  commissioners.  The 
presiding  justice  at  such  term  of  court  shall  make  such 
order  or  decree  thereon  as  law  and  justice  may  require. 
Exceptions  may  be  taken  to  such  order  or  decree.  The 
final  adjudication  shall  be  recorded  as  provided  in  §  32  of 
this  chapter.  Costs  may  be  taxed  and  allowed  to  either 
party  at  the  discretion  of  the  court. 

Such  ways  already  laid  out,  hotv  maintained.  §  30.  In 
case  of  such  ways  already  so  laid  out,  over  or  under  any 
railroad  track,  and  not  at  grade,  the  expense  of  building 
and  maintaining  so  much  thereof  as  is  within  the  limits 
of  such  railroad  shall  be  borne  as  provided  in  the  pre- 
ceding section;  the  question  shall  be  determined  upon 
application  of  any  company  whose  track  is  so  crossed, 
made  within  60  days  after  written  notice  has  been  served 
thereon  by  the  municipal  officers  of  any  town  in  which 
such  way  is  located,  requesting  such  company  to  build  and 
maintain  so  much  of  such  way  as  is  within  the  limits 
of  its  road. 

Ways  over  lands  used  for  stations.  S  31.  No  way  shall 
be  laid  out  through  or  across  any  land  or  right  of  way 
of  any  railroad  corporation,  used  for  station  purposes,  un- 
less after  notice  and  hearing  the  railroad  commissioners 
adjudge  that  public  convenience  and  necessity  require  It. 
When  the  tribunal  having  jurisdiction  over  the  laying  out 
of  such  way  is  satisfied,  after  hearing,  that  public  conve- 
nience and  necessity  require  such  laying  out,  such  pro- 
ceedings  shall   be  suspended  and   petition   filed   by  such 


tribunal  with  the  railroad  commissioners  for  their  adjudi- 
cation hereunder. 

Adjudications  to  be  recorded.  §  32.  Adjudications  of 
the  railroad  commissioners  relating  to  ways  shall  be 
recorded  in  the  office  in  which  the  location  of  the  way 
must  be  recorded. 

CHAPTER  23,   §§  80,   81  AND   82,   REVISED  STATUTES, 
PAGES  286-291. 

Railroad  company  may  be  notified  of  suit  against  town 
for  defective  crossing.  §  80.  In  an  action  against  a  town 
for  damages  alleged  to  have  occurred  by  reason  of  a 
defect  in  a  railroad  crossing,  constituting  part  of  a  high- 
way which  said  town  is  obliged  to  keep  in  repair,  the 
railroad  company  owning  or  occupying  such  crossing  may 
be  notified  of  the  pendency  of  the  suit  and  take  upon  itself 
the  defense  of  the  same. 

Liability  of  railroad  company.  §  81.  In  such  trial,  after 
notice  as  provided  in  the  preceding  section,  if  the  plain- 
tiff recovers,  and  the  jury  finds  specially  that  the  dam- 
age was  occasioned  by  the  fault  of  such  company,  it 
shall  be  liable  to  the  defendants  in  said  suit  in  an  action 
of  debt  for  all  damage  and  costs  paid  by  them. 

Notice  to  company.  §  82.  The  notice  required  in  §  80 
shall  be  by  copy  of  the  writ  served  upon  the  company 
at  least  30  days  before  the  sitting  of  the  court  in  which 
it  is  returnable,  or  by  such  notice  as  the  court  may  order 
after  entry. 

CHAPTER  29,  §  39,  REVISED  STATUTES,  PAGE  331. 

TRANSPORTATION    OF    INTOXICATING    LIQUORS. 

Intoxicating  liquors  intended  for  unlawful  sale  not  to 
be  transported.  S  39.  No  person  shall  knowingly  transport 
from  place  to  place  in  the  State  any  intoxicating  liquors, 
with  intent  to  sell  the  same  in  the  State  in  violation  of 
law,  or  with  intent  that  the  same  shall  be  so  sold  by 
any  person,  or  to  aid  any  person  in  such  sale,  under  a  pen- 
alty of  not  less  than  $50,  nor  more  than  $100,  and  60  days' 
imprisonment.  Any  servant,  agent  or  employe  of  any 
railroad  corporation,  or  of  any  express  company  doing 
business  in  this  State,  who  shall  remove  any  intoxicating 
liquors  from  any  railroad  car  at  any  place  other  than  the 
usual  and  established  stations  or  places  of  business  of 
such  railroad  corporation,  or  who  shall  aid  in  or  con- 
sent to  such  removal,  shall  be  subject  to  a  penalty  of 
$50  for  every  such  offense;  provided,  that  said  penalty 
shall  not  apply  to  any  liquor  in  transit  when  changed 
from  car  to  car  to  facilitate  transportation.  All  such 
liquors  Intended  for  unlawful  sale  in  the  State  may  be 
seized  while  in  transit  and  proceeded  against  the  same 
as  if  they  were  unlawfully  kept  and  deposited  in  any 
place. 

CHAPTER  40,  §§  57,  58,  REVISED  STATUTES,  PAGE  403 

STREET    RAILROADS,    FORTNIGHTLY    PAYMENTS. 

Corporations  having  more  than  10  employes  required  to 
make  fortnightly  payments.  §  57.  Every  manufacturing, 
mining,  quarrying,  stone-cutting,  mercantile,  street  rail- 
road, telegraph,  telephone  and  municipal  corporation,  and 
every  incorporated  express  and  water  company,  and  any 
person  or  firm  engaged  in  any  of  the  above  specified  kinds 
of  business,  having  in  their  employ  more  than  10  per- 
sons, shall  pay  fortnightly  each  and  every  employe  engaged 
in  its  business,  except  municipal  officers,  whose  services 
are  paid  for  by  the  day,  or  teachers  employed  by  muni- 
cipal corporations,  the  wages  earned  by  such  employe 
to  within  eight  days  of  the  date  of  said  payment;  pro- 
vided, however,  that  if  at  any  time  of  payment  any  em- 
ploye shall  be  absent  from  his  regular  place  of  labor,  he 
shall  be  entitled  to  said  payment  at  any  time  thereafter 
on  demand. 

Penalty  for  violation  of — Proceedings — Court  may  issue 
warrant  of  distress  to  compel  payment  of  judgment.  §  58. 
Any  corporation  violating  any  provision  of  the  preceding 
section  shall  be  punished  by  a  fine  of  not  less  than  $10, 
nor  more  than  $25,  on  each  complaint  under  which  it  is 
convicted;  provided,  that  complaint  for  such  violation  is 
made  within  30  days  from  the  date  thereof.  When  a 
corporation  against  which  a  complaint  is  so  made  fails 
to  appear  after  being  duly  served  with  process,  Its  default 


632 


National  Association  of  Railway  Commissioners 


1 


shall  be  recorded,  the  allegations  in  the  complaint  taken 
to  be  true  and  judgment  rendered  accordingly.  When 
judgment  is  rendered  upon  any  such  complaint  against 
a  corporation,  the  court  may  issue  a  warrant  o£  distress 
to  compel  the  payment  of  the  penalty  prescribed  by  law, 
together  with  costs  and  interest. 

CHAPTER  54,  §§  16-21,  REVISED  STATUTES, 
PAGES  552-554. 

UNCLAIMED    BAGGAGE    ANU    MERCHANDISE. 

Merchandise  unclaimed  for  six  months  may  be  sold  to 
pay  charges.  §  16.  Whenever  baggage,  goods,  merchandise, 
packages  or  parcels,  transported  by  any  railroad,  steam- 
boat, express  or  stage  company,  existing  by  virtue  of  the 
laws  of  this  State,  remain  unclaimed  for  six  months  after 
its  arrival  at  the  point  to  which  it  shall  have  been  directed, 
the  same  may  be  sold  at  auction  in  the  city  or  town  where 
said  railroad,  steamboat,  express  or  stage  company  has  its 
general  or  principal  office,  or  where  said  warehouse  is  sit- 
uated; and  whenever  baggage,  goods,  merchandise,  pack- 
ages or  parcels  transported  by  any  railroad,  steamboat,  ex- 
press or  stage  company,  not  existing  by  virtue  of  the  laws 
of  this  State,  and  having  no  office  of  president,  treasurer, 
clerk  or  general  superintendent  within  this  State,  but 
doing  business  in  this  State,  remain  unclaimed  for  six 
months  after  its  arrival  at  the  point  to  which  it  shall  have 
been  directed,  the  same  may  be  sold  at  auction  to  pay 
the  charges  thereon  and  the  expense  of  advertising  and 
selling. 

Notice  of  sale,  how  to  he  given.  §  17.  Any  sompany 
existing  by  virtue  of  the  laws  of  this  State  holding  any 
such  articles  or  merchandise  shall,  before  selling  the  same, 
give  30  days'  notice  of  the  time  and  place  of  sale,  in  four 
public  newspapers,  one  published  at  Portland,  in  the 
county  of  Cumberland;  one  published  at  Augusta,  in  the 
county  of  Kennebec;  one  published  at  Lewiston,  in  the 
county  of  Androscoggin,  and  one  published  at  Bangor,  in 
the  county  of  Penobscot;  said  notices  shall  contain  a 
brief  description  and  list  of  all  such  property  and  shall 
describe  such  marks  thereon  as  may  serve  to  identify 
them,  together  with  the  name  of  the  consignee  and  the 
place  to  which  said  articles  were  billed.  Any  company 
not  existing  by  virtue  of  the  laws  of  this  State,  and  hav- 
ing no  office  or  president,  treasurer,  clerk  or  general 
superintendent,  within  this  State,  but  doing  business  within 
this  State,  before  selling  any  such  articles  or  merchandise, 
shall  give  30  days'  notice  of  the  time  and  place  of  sale 
by  publishing  notice  In  some  public  newspaper  printed 
in  the  county  where  such  merchandise  is  so  held  three 
weeks  successively,  the  last  publication  to  be  at  least 
seven  days  before  the  day  appointed  for  the  sale;  if  no 
newspaper  is  published  in  the  county  where  such  articles 
or  merchandise  are  so  held,  such  notice  shall  be  pub- 
lished in  some  newspaper  in  an  adjoining  county.  Such 
articles  or  merchandise  shall  be  sold  at  the  place  where 
held.  The  proceeds  of  all  goods  so  sold,  after  deducting 
the  costs  of  transportation,  storage,  advertising  and  sale, 
shall  be  placed  to  the  credit  of  the  owner,  in  the  books 
of  the  company  making  the  sale;  and  shall  be  paid  to 
him  on  demand;  and  such  company  shall  not  be  liable 
to  said  owner  of  such  property  for  any  greater  sum  than 
so  received  from  said  sale. 

Common  carriers  may  sell  perishable  goods  ichich  owner 
neglects  or  refuses  to  receive.  §  18.  When  a  common  car- 
rier has  transported  property  of  a  perishable  nature,  which 
cannot  be  kept  without  great  deterioration  or  substantial 
destruction,  to  its  place  of  destination,  and  has  notified 
the  owner  or  consignee  of  the  arrival  of  the  same,  and 
the  owner  or  consignee,  after  such  notice,  has  refused 
or  omitted  to  receive  and  take  away  the  same  and  pay 
the  freight  and  proper  charges  thereon,  said  carrier  may, 
in  the  exercise  of  a  reasonable  discretion,  sell  the  same 
at  public  or  private  sale  without  advertising,  and  the  pro- 
ceeds, after  deducting  the  amount  of  said  freight  and 
charges  and  'expenses  of  sale,  shall  be  held  for  the  per- 
sons entitled  thereto;  and  if  the  owner  or  consignee  can- 
not be  found  on  reasonable  injuiry,  the  sale  may  be  made 
without  such  notice. 

May  sell  live  stock  at  auction  after  owner  has  been 
notified  and  refused  to  take  away  —  Proceedings  when 
owner  or  consignee  cannot  be  found — Notice  of  sale,  how 
given.    §  19.    When  a  common  carrier  has  transported  live 


stock,  which  can  be  kept  only  at  continual  expense,  to 
its  place  of  destination,  and  has  notified  the  owner  or  con- 
signee of  the  arrival  of  the  same,  and  the  owner  or  con- 
signee, after  such  notice,  has  refused  or  omitted  to  re- 
ceive and  take  away  the  same  and  pay  the  freight  and 
proper  charges  thereon,  said  carrier  may  cause  the  same 
to  be  sold  at  auction  to  pay  the  freight  and  charges  there- 
on, including  the  cost  of  keeping,  and  the  expenses  of 
advertising  and  selling;  and  if  the  owner  or  consignee 
cannot  be  found  on  reasonable  inquiry,  the  carrier  may 
cause  the  same  to  be  advertised  and  sold  as  aforesaid 
without  such  notice.  Before  selling  any  such  live  stock, 
the  common  carrier  holding  the  same  shall  give  two  weeks' 
notice  of  the  time  and  place  of  sale  in  a  newspaper  pub- 
lished in  the  place  where  said  live  stock  is  held,  if 
any;  otherwise  in  a  newspaper  published  at  a  place 
ueares't  thereto.  Said  notice  shall  reasonably  tie- 
scribe  said  live  stock;  and  the  proceeds  of  sale, 
after  deducting  the  amount  of  freight  and  charges,  includ- 
ing the  cost  of  keeping,  and  the  expenses  of  advertising 
and  sale,  shall  be  held  for  the  persons  entitled  thereto. 

All  sales  shall  be  recorded:  §  20.  All  sales  under  the 
foregoing  provisions  shall  be  recorded  in  a  suitable  boc*, 
open  to  the  inspection  of  claimants,  in  which  the  articles 
sold  shall  be  correctly  described,  and  the  charges  and  ex- 
penses thereon,  and  the  price  at  which  they  were  sod, 
shall   be   entered. 


TRANSP0RT.\TI0N    OF   PROPERTY    IN    DISPUTE. 


i 


Transportation  of  property  when  the  title  is  in  dispwe? 
§  21.  When  property  is  delivered  to  a  common  carrier, 
for  transportation,  and  any  person  other  than  the  con- 
signor or  consignee  shall  claim  the  title  to  such  prop- 
erty and  shall  forbid  its  transportation,  he  shall  forthwi;h 
give  written  notice  to  the  carrier  forbidding  its  transpc  r- 
tation,  and  thereupon  the  carrier  shall  be  authorized  :o 
delay  the  transportation  for  the  space  of  five  days,  aid 
unless  within  such  five  days  such  claimant  shall  reple-  y 
such  property,  or  if  he  shall  fail  to  give  such  writt  n 
notice,  the  carrier  is  authorized  to  proceed  with  the  trai  s-,, 
portation  of  such  property  and  shall  not  be  liable  for 
transporting. 


11 


CHAPTER  55,  §§  16-19,  REVISED  STATUTES,  PAGES 
557,  558,  559. 


1 1 


REGULATION    OF   POSTS    AND   WIRES. 

Electric  companies  subject  to  duties  and  liabiHties  jh  i 
scribed  herein.     §  16.    Every  company  incorporated  for  1 1 
transmission  of  intelligence,  heat,  light  or  power  by  el«  e-' 
triclty,  and  all  persons  and  associations  engaged  in  su^  h 
business  shall  he  subject  to  the  duties,  restrictions  ai  d 
liabilities  prescribed  in  the  following  sections. 

Permit  to  construct  lines  must  be  had  from  municii.  il 
officers  or  county  commissioners.  §  17.  No  such  compa  ly 
person  or  association  shall  construct  lines  upon  and  along 
highways  and  public  roads  without  first  obtaining  a  wr  t- 
ten  permit,  signed  by  the  mayor  and  aldermen  in  case  it 
cities,  the  selectmen  in  case  of  towns  and  the  coun:y 
commissioners  in  case  of  plantations  and  unorganiz  -d 
townships,  specifying  the  kind  of  posts,  where  and  h<  w 
they  shall  be  located  and  set  and  the  height  of  the  wire 
above  the  ground ;  and  if  the  line  specified  in  the  pern  it 
is  a  telephone  line  and  is  not  constructed  and  public  te  e- 
phone  service  established  in  connection  therewith  within 
18  months  from  the  time  the  decision  is  filed,  the  pern  it 
shall  be  void.  Before  granting  such  permit,  14  days'  pub  ic 
notice  thereof  shall  be  given,  and  residents  and  owners 
of  property  upon  the  highways  to  be  affected  there  )y 
shall  have  full  opportunity  to  show  cause  why  such  p«r- 
mlt  shall  not  be  granted.  Such  public  notice  shall  o» 
given  by  publication  in  a  county  newspaper  when  tie 
county  commissioners  are  to  act,  and  in  some  newspaper 
printed  in  such  city  or  town,  if  any,  the  last  publication 
to  be  14  days  before  said  hearing;  if  in  a  town  and  ao 
newspaper  is  printed  therein,  then  by  posting  the  same 
In  some  public  and  conspicuous  place  therein  14  days 
before  said  hearing.  When  the  application  for  such  psr- 
mlt  is  filed,  personal  notice,  if  deemed  necessary,  may  be 
ordered  by  such  officers  and  shall  be  given  by  such  com- 
pany, persons  or  association  to  the  residents  and  owners 
of  property  to  be  affected  thereby.  At  the  hearing  such- 
company,    persons    or    associations,    before    proceedings. 


Public  Service  Laws 


633 


shall  first  prove  that  such  order  of  notice  has  been  com- 
plied with  and  public  notice  given  as  hereinbefore  re- 
quired, and  the  adjudication  of  the  mayor  and  aldermen, 
selectmen  or  county  commissioners  that  such  personal  and 
public  notice  has  been  given  shall  be  final  and  conclusive. 
It  from  any  cause  the  notice  given  appears  to  have  been 
defective,  said  officers  may  order  new  notice,  not  exceed- 
ing seven  days,  and  adjourn  said  hearing  to  a  time  named 
in  said  new  order  of  notice.  After  the  erection  of  the 
lines,  having  first  given  all  persons  interested  an  oppor- 
tunity to  be  heard,  such  officers  may  direct  any  alteration 
in  the  original  permit.  Such  permits,  specifications  and 
decisions  shall  be  recorded  in  the  records  of  the  city,  town 
or  county  commissioners.  Posts  and  wires  erected  and 
maintained  in  accordance  with  the  provisions  of  this  sec- 
ton  shall  be  deemed  legal  structures,  and  the  party  main- 
taining the  same  shall  be  liable  on  account  thereof  only 
for  carelessness  or  negligence  in  the  erection  or  mainte- 
nance of  the  same.  In  case  of  plantations  and  unorganized 
townships,  any  person  or  corporation  interested  may  ap- 
peal from  the  decision  of  the  county  commissioners  to 
the  supreme  judicial  court  in  the  manner  provided  in 
§§  52,  53,  54  and  55  of  chapter  23,  relating  to  highways, 
and  in  case  of  cities  and  towns  as  follows:  The  decision 
of  the  mayor  and  aldermen  or  the  selectmen  shall  be  filed 
with  the  clerk  of  the  city  or  town  within  one  week  from 
their  final  hearing;  and  within  two  weeks  from  such  filing 
any  person  or  corporation  Interested  may  appeal  from 
their  decision  by  filing  notice  of  appeal  with  a  copy  of 
the  original  petition  and  adjudication  with  the  clerk  of 
the  city  or  town  and  with  the  clerk  of  the  board  of  county 
commissioners;  the  commissioners  shall  immediately  enter- 
tain such  appeal  and  give  two  weeks'  public  notice  in  a 
county  newspaper  of  the  time  and  place  of  hearing,  which 
time  shall  be  within  30  days  from  the  time  such  appeal 
is  filed;  such  hearing  may  be  adjourned  from  time  to  time, 
not  exceeding  30  days  in  all,  and  the  commissioners  shall 
file  their  decision  within  30  days  from  the  time  the  hearing 
is  closed  and  transmit  a  copy  of  the  same  to  the  clerk  of 
the  city  or  town,  who  shall  forthwith  record  it. 

Land  and  other  damages,  how  appraised — Aicard  and 
costs,  how  recovered.  §  18.  An  owner  of  land  near  to  or 
adjoining  a  highway  or  road  along  which  lines  shall  here- 
after be  constructed,  erected  or  altered  in  location  or 
construction  by  any  company,  person  or  association,  if 
said  owner's  property  is  any  way  injuriously  affected  or 
lessened  in  value,  whether  by  occupation  of  the  ground, 
or  air,  or  otherwise  by  such  construction,  alteration  or 
location  of  any  such  line,  whether  such  owner  is  also  the 
owner  of  the  fee  in  such  way  or  not,  may  within  six  months 
after  such  construction,  alteration  or  location  apply  to 
the  mayor  and  aldermen,  or  selectmen,  to  assess  and  ap- 
praise the  damage.  Before  entering  upon  the  service  they 
shall  severally  be  sworn  to  faithfully  and  Impartially  per- 
form the  duties  required  of  them  by  this  section.  They 
shall,  on  view,  make  a  just  appraisement,  in  writing,  of 
the  loss  or  damage,  if  any,  to  the  applicant,  sign  dupli- 
cates thereof,  and,  on  demand,  deliver  one  copy  to  the 
applicant  and  the  other  to  the  company  or  its  agent.  If 
damages  are  assessed,  the  company  shall  pay  the  same, 
with  the  costs  of  the  appraisers.  If  the  appraisers  award 
that  the  applicant  has  sufi'ered  no  damage,  he  shall  pay 
the  costs  of  the  appraisers.  The  award  and  costs  may 
be  recovered  in  an  action  of  debt,  if  not  paid  in  30  days 
after  written  demand  therefor  served  upon  the  company 
or  any  of  its  agents;  the  supreme  judicial  court  for  the 
county  shall  have  jurisdiction  thereof,  and  full  costs  shall 
be  allowed.  Before  entering  upon  the  discharge  of  their 
duties  under  this  section,  such  municipal  officers  may 
require  the  applicant  to  advance  to  them  their  fees  for 
one  day  and  from  day  to  day  thereafter. 

Wires  may  he  cut  and  poles  removed  to  allow  removal 
of  buildings  or  repair  of  streets,  etc.  S  19.  Whoever  de- 
sires to  cut,  disconnect  or  remove  the  wires  or  poles  of 
a  telegraph,  telephone,  electric  light  or  street  railroad 
company  in  order  to  move  a  building,  alter,  r^air  or  im- 
prove a  street,  bridge  or  way,  or  for  any  other  necessary 
purpose,  shall  leave  a  written  statement  of  the  time  when, 
and  the  place  where,  such  removal  is  desired  at  its  office, 
if  it  has  any  in  that  town,  and  if  it  has  not,  he  shall  send 
it  by  mail  to  its  nearest  office  three  days  before  such 
time;  upon  the  expiration  of  which  time,  if  such  removal 
is  not  made  by  the  company,  such  person  may  make  the 


removal  and  recover  the  cost  thereof  In  an  action  of  debt. 
Whoever  disconnects  or  removes  such  wires  or  poles  with- 
out first  giving  such  notice  shall  be  fined  not  exceeding 
$500  or  imprisoned   not  more  than  three  years. 

Fees  of  municipal  officers.  §  20.  The  mayor  and  alder- 
men and  selectmen  shall  each  receive,  for  services  per- 
formed under  this  chapter,  $2  a  day. 

Party  aggrieved  may  appeal.  §  21.  Either  party  aggrieved 
by  the  assessment  of  damages  may,  within  20  days  after 
the  award,  file  in  the  office  of  the  clerk  of  courts  for  the 
county  a  copy  of  the  award,  with  reasons  of  appeal,  a 
copy  of  which  papers,  attested  by  the  clerk,  shall  be 
served  on  the  adverse  party  at  least  14  days  before  the 
term  of  the  supreme  judicial  court  for  that  county,  to  be 
holden  next  after  the  expiration  of  said  14  days.  After 
entry  the  matter  shall  be  determined  by  a  jury,  or  by 
the  court  by  agreement  of  parties,  in  the  same  manner 
as  other  civil  causes.  If  the  company  is  the  appellant, 
and  the  award  is  not  decreased,  the  costs  shall  be  paid 
by  the  company;  if  the  applicant  appeals,  and  the  award 
is  not  increased,  the  costs  shall  be  paid  by  the  applicant. 

Enjoyment  of  right  to  attach  wire,  etc.,  to  any  building, 
limited.  §  22.  No  enjoyment  by  any  company,  person  or 
association,  for  any  length  of  time,  of  the  privilege  of 
having  or  maintaining  posts,  wires  or  apparatus,  in,  upon, 
over  or  attached  to  any  building  or  land  of  other  persons 
shall  give  a  legal  right  to  the  continued  use  of  such  enjoy- 
ment, or  raise  any  presumption  of  a  grant  thereof. 

Penalty  for  affixing  wire  to  building,  etc.,  without  con- 
sent of  owner.  S  23.  Every  company,  association  or  person 
maintaining  or  operating  a  telephone  of  other  electrical 
line,  or  any  one  who  in  any  manner  affixes  or  causes  to 
be  affixed  to  the  buildings,  or  building,  of  another,  any 
structure,  fixture,  wire,  or  other  apparatus,  or  enters  upon 
the  property  of  another  for  the  purpose  of  affixing  the 
same,  in  either  case  without  the  consent  of  the  owner 
or  lawful  agent  of  the  owner  of  such  property  shall,  on 
complaint  of  such  owner,  or  his  tenant,  be  punished  by 
fine  not  exceeding  $100. 

May  construct  line  along  any  railroad  by  written  permit 
— //  parties  cannot  agree,  either  may  apply  to  railroad  com- 
missioners— Expenses,  how  paid.  §  24.  Such  company,  per- 
son or  association  may  construct  a  line  upon  or  along 
any  railroad  by  the  written  permit  of  the  person  or  corpo- 
ration operating  such  railroad,  but  in  case  such  com-  ■ 
pany  cannot  agree  with  the  parties  operating  such  rail- 
road, as  to  constructing  lines  along  the  same,  or  as  to 
the  manner  in  which  lines  may  be  constructed  upon,  along 
or  across  the  same,  either  party  may  apply  to  the  railroad 
commissioners,  who,  after  notice  to  those  interested,  shall 
hear  and  determine  the  matter  and  make  their  award  in 
relation  thereto,  which  shall  be  binding  upon  the  parties. 
The  expenses  of  the  hearing  shall  be  paid  by  the  company, 
person  or  association  seeking  to  construct  lines  on  the 
railroad,  except  that  if  the  railroad  commissioners  shall 
find  that  parties  operating  the  railroad  have  unreasonably 
refused  their  consent,  said  parties  shall  pay  the  expenses. 

§  44,  CHAPTER  78,  REVISED  STATUTES,  PAGE  674. 

SALE  OF  FKANCHISE  OF  RAILROAD. 

Franchises  of  railroads  may  be  sold  on  execution.  §  44 
The  franchises  of  railroads  may  be  sold  on  execution  as 
provided  in  §  21  of  chapter  86,  and  the  officer  may  con- 
vey the  same  by  deed,  which  shall  be  recorded  in  the 
registry  of  deeds  of  each  county  in  which  any  part  of 
such  railroad  lies;  and  the  debtor  has  the  same  right 
of  redemption  from  such  sale  as  from  sales  of  real  estate 
under  §  32. 

§§  17-21,   CHAPTER   86,    REVISED   STATUTES, 
PAGES  766,  767. 

Franchise  of  corporation,  how  to  be  sold — Notice  of  sale, 
how  to  be  given.  §  17.  When  judgment  is  recovered 
against  a  bridge,  canal  or  other  incorporated  company 
with  power  to  receive  toll,  its  franchise  may  be  sold  on 
execution  at  public  auction,  giving  notice  of  the  time  and 
place  of  sale  by  posting  a  notification  in  any  town,  in 
which  the  treasurer,  clerk  or  any  officer  thereof,  if  there 
are  any  officers,  and  if  not,  where  any  stockholder  re- 
sides, for  30  days  at  least  before  the  day  of  sale,  and  by 
causing  an  advertisement,  naming  the  creditor  therein, 
to  be  inserted  for  three  weeks  successively  in  a  news- 
paper printed  in  a  county  where  either  of  said  officers, 


634 


National  Association  of  Railway  Commissioners 


or,  if  the  company  is  without  officers,  where  any  stoclc- 
holder  resides,  the  last  publication  being  at  least  four 
days  before  the  day  of  sale;  and  if  there  is  no  newspaper 
printed  in  any  such  county,  then  in  the  State  paper. 

Mode  of  sale — Possession,  what  and  how  given.  §  18. 
In  the  sale  of  such  franchise,  whoever  will  pay  and 
satisfy  such  execution,  all  fees  and  incidental  expenses,  in 
consideration  of  being  entitled  to  receive  to  his  own  use 
all  such  toll  as  the  corporation  is  entitled  to  receive,  for 
the  shortest  period  of  time,  is  the  highest  bidder,  and 
the  purchaser  for  such  period;  and  immediately  after 
such  sale,  the  officers  shall  deliver  to  him  possession  of 
the  toll-houses  and  gates,  in  whatever  county  situated, 
and  state  his  doings  therein  in  his  return. 

Rights  and  duties  of  the  purchaser.  §  19.  The  pur- 
chaser of  such  franchise,  and  those  claiming  under  him, 
may  receive  to  their  own  use  the  tolls  accruing  within 
the  time  limited  in  the  purchase,  and  shall  have  all  the 
powers  of  the  corporation  necessary  for  the  convenient 
use  of  the  property,  be  subject  to  the  same  duties  and 
penalties  during  the  term  of  said  purchase,  and  may 
recover  of  said  corporation  any  moneys  paid  or  expenses 
incurred  in  consequence  of  such  liability,  and  without 
their  fault  or  negligence. 

Jtights  of  redemption  by  the  corporation.  §  20.  The 
corporation,  at  any  time  within  three  months  after  the 
day  of  sale,  may  redeem  said  frachise  by  paying  to  the 
purchaser  the  sum  which  he  paid  in  satisfaction  of  the 
execution,  with  12  per  cent  interest,  in  addition  to  the  toll 
received. 

Sections  17  to  20  apply  to  franchises  of  railroads  lying 
wholly  within  the  State — 'Notice,  how  to  he  given  in  each 
county  interested.  §  21.  The  provisions  of  the  four  preced- 
ing sections  apply  to  the  franchises  of  railroad  corpora- 
tions whose  railroads  lie  wholly  within  the  State,  except 
that  notice  shall  be  given  of  the  time  and  place  of  such 
sale,  by  posting  a  notification  thereof  at  the  court  house 
in  each  county  through  which  such  railroad  runs,  either 
wholly  or  in  part,  for  30  days  at  least  before  the  day  of 
sale,  and  by  causing  an  advertisement  to  be  inserted  for 
three  weeks  successively  in  at  least  one  newspaper  pub- 
lished in  each  county  through  which  the  road  runs,  either 
wholly  or  in  part,  the  last  publication  to  be  at  least 
four  days  before  the  day  of  sale,  and  if  there  is  no 
newspaper  printed  in  any  one  or  more  of  such  counties, 
then  in  the  State  paper  instead;  and  when  the  company 
has  an  established  office  in  the  State,  notice  of  the  sale 
shall  also  be  given  by  leaving  an  attested  copy  thereof 
at  the  office  of  said  company  for  not  less  than  30  days 
previous  to  such  sale;  and  notice  given  in  the  manner 
herein  provided  is  sufficient.  The  officer  shall  deliver 
to  the  purchaser  a  conveyance  by  deed  of  the  franchise 
so  sold. 

§  52,  CHAPTER  93,  REVISED  STATUTES,  PAGE  812. 

LABOR  LIEN   ON    TIES. 

Lien  on  railroads  ties  and  ship  knees.  §  52.  Whoever 
labors  in  the  manufacturing  of  railroad  ties  and  ship 
knees,  or  is  engaged  in  cooking  for  persons  engaged  in 
such  labor,  or  furnishes  a  team  for  the  hauling  of  said 
railroad  ties  and  ship  knees,  has  a  lien  on  said  railroad 
ties  and  ship  knees  for  the  amount  due  him  for  his  per- 
sonal labor  thereon,  or  the  services  of  his  team,  which 
takes  precedence  of  all  other  claims,  except  liens  re- 
served to  the  State,  continues  for  30  days  after  said  rail- 
road ties  are  on  the  line  of  a  railroad,  or  after  said  ship 
knees  are  delivered  in  a  shipyard,  and  may  be  enforced 
by  attachment. 

§  5,  CHAPTER  119,  REVISED  STATUTES,  PAGE  913. 

misplacing  switch  or  rail. 

Penalty  for  destroying  human  life  hy  obstructing  rail- 
roads— Endangering  life  or  injuring  property.  §  5.  Who- 
ever wilfully  and  maliciously  displaces  a  switch  or  rail, 
disturbs,  injures  or  destroys  any  part  of  an  engine,  car, 
signal,  track  or  bridge  of  any  railroad,  or  places  an  ob- 
struction thereon  with  intent  that  any  person  or  property 
passing  on  the  same  should  be  thereby  injured,  and 
human  life  is  thereby  destroyed,  is  guilty  of  murder  and 
shall  be  punished  accordingly.  If  human  life  is  thereby 
endangered  and  not  destrowed,  or  it  property  is  injured. 


he  shall  be  punished   by   imprisonment  for  not  less  than 
10  years. 

§  8,  CHAPTER  120,  REVISED  STATUTES,  PAGE  917. 

breaking — ENTERING    R.\lIJi0AD    CAR    OR    WAREHOUSE. 

Breaking  and  entering  with  intent  to  commit  a  felony. 
§  8.  Whoever,  with  intent  to  commit  a  felony,  breaks 
and  enters  in  the  day  time,  or  enters  without  breaking 
in  the  night  time,  any  dwelling-house,  or  breaks  and 
enters  any  office,  bank,  shop,  store,  warehouse,  vessel, 
railroad  car  of  any  kind,  or  building  in  which  valuable 
things  are  kept,  any  person  being  lawfully  therein  and 
put  in  fear,  shall  be  punished  by  imprisonment  for  not 
less  than  one,  nor  more  than  10  years,  but  if  no  person 
was  lawfully  therein  and  put  in  fear,  by  imprisonment  for 
not  more  than  five  years,  or  by  fine  not  exceeding  $500. 

§   2,   CHAPTER   121,   REVISED   STATUTES,   PAGE  ^ 


ENTERING — NIGHT-TIME,     C.\R,     WAREHOUSE — TO    COMMIT 
FELONY. 


i 


Larceny  by  night  in  a  dwelling  house,  or  at  any  time 
breaking  and  entering  certain  other  buildings,  vessel  or 
railroad  car.  §  2.  Whoever,  without  breaking,  comnita 
larceny  in  the  night  time,  in  a  dwelling-house  or  building 
adjoining  and  occupied  therewith,  or  breaks  and  entars 
any  office,  bank,  shop,  store,  warehouse,  barn,  stable, 
vessel,  railroad  car  of  any  kind,  court-house,  jail,  meeting- 
house college,  academy  or  other  building  for  public  use 
or  in  which  valuable  things  are  kept,  and  comnits 
larceny  therein,  shall  be  punished  by  imprisonment  for 
not  less  than  one,  nor  more  than  15  years;  and  when  he 
offense  is  committed  in  the  day  time,  by  imprisonm  nc 
for  not  more  than  six  years,  or  by  fine  not  exceed  ng 
?1,000. 

§§  10,  11,  CHAPTER  122,  REVISED  STATUTES.  PAGE  S21. 

STOCKS,   CERTIFICATES,   FALSE  TRANSFER. 

Making  or  issuing  false  certificates  of  stock  or  pledg.  ng 
genuine  xoithout  authority.  §  10.  If  an  officer  or  agent  of 
a  corporation  wilfully  signs  with  intent  to  issue,  or  is- 
sues any  certificate  purporting  to  be  a  certificate  or  oti  er 
evidence  of  the  ownership  or  of  the  transfer  of  any  st(  ck 
in  such  corporation,  not  authorized  by  its  charter,  )y- 
laws  or  votes,  or  without  such  authority  issues,  sells  or 
pledges  such  certificate  or  other  evidence  of  owners;  ip 
or  transfer  of  stock  after  it  is  lawfully  signed,  he  sh  ill 
be  punished  by  imprisonment  in  the  State  prison  for  i  ot 
more  than  10   years,  and  by  fine  not  exceeding  $1,000 

Acting  for  corporation  after  forfeiture  of  charter.  %  11. 
Whoever  undertakes  to  do  business,  or  does  business  of 
any  kind  in  behalf  of  any  corporation,  the  charter  of 
which  has  been  forfeited  under  the  provisions  of  chap  er 
235,  of  the  public  laws  of  1903,  or  holds  out  such  corpo -a- 
tion  as  doing  business,  or  sells,  transfers  or  puts  ufon 
the  market  any  stocks  or  other  evidence  of  indebtedu'  ss 
whatsoever  of  any  such  corporation,  shall  be  punist  ed 
by  a  fine  of  $300. 

§§  6,    10,   CHAPTER   124,   REVISED   STATUTES,   PAG  2S 
927,  928. 

STRIKES   AND  UNLAWFUL  COMBINATIONS — STRIKES    AND   UNL./  W- 
FUL  COMBINATIONS  AGAINST  PUBLIC  SERVICE  CORPORATIONS 

Combinations  of  employes  to  stop  or  delay  trains  or 
injure  property  of  railroads,  how  punished.  §  6.  Any  <  m- 
ployee  of  a  railroad  corporation  who,  in  pursuance  of  an 
agreement  or  combination  by  two  or  more  persons  to  lo, 
or  procure  to  be  done,  any  act  in  contemplation  of  fur- 
therance of  a  dispute  between  such  corporation  and  its 
employes,  unlawfully  or  in  violation  of  his  duty  or  c  jn- 
tract,  stops  or  unnecessarily  delays  or  abandons,  or  in 
any  way  injures  a  locomative  or  any  car  or  train  of  Ciirs 
on  the  railroad  tracks  of  such  corporation,  or  in  any 
way  hinders  or  obstructs  the  use  of  any  locomotive,  i;ar 
or  train  of  cars  on  the  railroad  of  such  corporation,  shall 
be  punished  by  fine  not  exceeding  $500,  or  imprisonment 
in  the   State  prison  or  in  jail  not  exceeding  one  year. 

Malicious  obstruction  of  any  engine  or  car  or  abandon- 
ment of  train.  S  7.  Whoever,  by  any  unlawful  act  or  by 
any  wilful  omission  or  neglect,  obstructs  or  causes  to  be 
obstructed  an  engine  or  carriage  on  any  railroad,  or  aids 


PcjiLic  Service  Laws 


635 


or  assists  therein;  or  whoever,  having  charge  of  any 
locomotive  or  carriage  while  upon  or  in  use  on  any  rail- 
road, wilfully  stops,  leaves  or  abandons  the  same,  or 
renders,  or  aids  or  assists  in  rendering  the  same  unfit 
for  or  Incapable  of  immediate  use,  with  intent  thereby 
to  hinder,  delay,  or  in  any  manner  to  obstruct  or  injure 
the  management  and  operation  of  any  railroad,  or  the 
business  of  any  corporation  operating  or  owning  the 
same,  or  of  any  other  corporation  or  person,  and  who- 
ever aids  or  assists  therein,  shall  be  punished  by  fine 
not  exceeding  $1,000,  or  imprisonment  in  the  State  prison 
or  in  jail  not  exceeding  two  years. 

Gross  carelessness  and  neglect  or  malicious  delay,  in  the 
management  or  control  of  railroads,  how  punished.  §  8. 
Whoever,  having  any  management  of,  or  control,  either 
alone  or  with  others,  over  any  railroad  locomotive,  car 
or  train,  while  it  is  used  for  the  carriage  of  persons  or 
property,  or  is  at  any  time  guilty  of  gross  carelessness  or 
neglect  thereon,  or  in  relation  to  the  management  or  con- 
trol thereof;  or  maliciously  stops  or  delays  the  same,  in 
violation  of  the  rules  and  regulations  then  in  force  for 
the  operation  thereof;  or  abstracts  therefrom  the  tools 
or  appliances  pertaining  thereto,  with  intent  thereby 
maliciously  to  delay  the  same,  shall  be  punished  by  a  fine 
not  exceeding  $1,000,  or  imprisonment  in  the  State  prison 
or  in  jail  not  exceeding  three  years. 

Violation  or  intimidation  in  furtherance  of  a  comt)ina- 
tion  to  prorhote  a  controversy  betioeen  a  public  service 
company  and  its  loorkmen,  how  punished.  §  9.  Whoever, 
alone,  or  in  pursuance  of  furtherance  of  any  agreement 
or  combination  with  others,  to  do,  or  procure  to  be  done, 
any  act  in  contemplation  or  furtherance  of  a  dispute  or 
controversy  between  a  gas,  telegraph,  telephone,  electric 
light,  electric  power  or  railroad  corporation  and  its  em- 
ployes or  workmen,  wrongfully  and  without  legal  author- 
ity, uses  violence  towards,  or  intimidates  any  person,  in 
any  way  or  by  any  means,  with  intent  thereby  to  compel 
such  person  against  his  will  to  do,  or  abstain  from  doing, 
any  act  which  he  has  a  legal  right  to  do  or  abstain  from 
doing;  or,  on  the  premises  of  such  corporation,  by  bribery, 
or  in  any  manner  or  by  any  means,  induces,  or  endeavors 
or  attempts  to  induce,  such  person  to  leave  the  employ- 
ment and  service  of  such  corporation  with  intent  thereby 
to  further  the  objects  of  such  combination  or  agreement; 
or  in  any  way  interferes  with  such  person  while  in  the 
performance  of  his  duty;  or  threatens  or  persistently 
follows  such  person  in  a  disorderly  manner,  or  injures 
or  threatens  to  injure  his  property  with  either  of  said 
intents,  shall  be  punished  by  fine  not  exceeding  $300,  or 
imprisonment  not  exceeding  three  months. 

Unlawful  refusal  of  railroad  employes  to  perforTa  duty, 
hoiD  punished.  §  10.  Any  person  in  the  employment  of  a 
railroad  corporation,  who,  in  furtherance  of  the  interests 
of  either  party  to  a  dispute  between  another  railroad 
corporation  and  its  employes,  refuses  to  aid  in  moving 
the  cars  of  such  other  corporation,  or  trains  in  whole  or 
in  part  made  up  of  the  cars  of  such  other  corporation,- 
over  the  tracks  of  the  corporation  employing  him;  or 
refuses  to  aid  in  loading  or  discharging  such  cars,  in  vio- 
lation of  his  duty  as  such  employe,  shall  be  punished  by 
fine  not  exceeding  $500,  or  imprisonment  in  the  State 
prison  or  in  jail  not  exceeding  one  year. 

§§  41-44,  CHAPTER  125,  REVISED  STATUTES,  PAGE  936. 

AKIMALS,    CRUELTY   TO — BAILKOAD   COMPANIES. 

Railroads  shall  give  cars  containing  animals  continuous 
passage  and  preference  to  other  freight.  §  41.  Railroad 
companies  within  the  State  shall  give  cars  containing 
cattle,  sheep,  swine  or  other  animals  a  continuous  pas- 
sage in  preference  to  other  freight;  and  cars  loaded  with 
such  animals  at  any  station  shall  have  precedence  over 
all  other  freight.  A  greater  number  of  animals  shall 
not  be  loaded  into  any  car  than  can  stand  comfortably 
therein.  Animals  of  one  kind  only  shall  be  loaded  in  the 
same  apartment.  Young  animals  shall  not  be  loaded  in 
the  same  apartment  with  those  larger  and  mature,  ex- 
cept in  case  of  dams  with  their  own  and  other  sucklings, 
which  shall  in  all  cases  be  transported  in  the  same 
apartment  and  separate  from  other  animals.  Calves  shall 
have  free  access  to  their  dams,  and  shall  not  be  muzzled, 
except  that  calves,  for  a  period  not  to  exceed  24  hours 
may  be  transported  in  a  separate  compartment.  During 
December,   January,   February   and   March,   cars   used   for 


the  transportation  of  animals  shall  be  sufficiently  boarded 
on  the  sides  and  ends  to  afford  proper  protection  to  such 
animals  in  case  of  storms  or  severely  cold  weather. 

Animals  brought  into  the  State  shall  be  allowed  rest, 
shelter,  food  and  water.  §  42.  Animals  coming  into  the 
State  on  the  same  or  connecting  roads  or  other  transpor- 
tation lines,  shall,  within  20  hours  after  they  were  loaded, 
be  unloaded,  comfortably  yarded,  and  in  cold  or  inclement 
weather,  comfortably  sheltered,  and  shall  be  furnished 
with  a  sufficient  quantity  of  proper  food  and  good  water; 
and  they  shall  continue  so  yarded  or  sheltered,  fed  and 
watered  for  a  reasonable  time.  And  all  animals  in 
transit  within  the  State  shall  be  so  unloaded,  yarded 
or  sheltered,  fed  and  watered  every  20  hours,  unless  de- 
layed by  accident  or  other  unavoidable  circumstances. 
Animals  arriving  at  their  destination  within  the  State, 
or  for  embarkation  on  steamers  between  the  hours  of  3 
in  the  forenoon  and  6  in  the  afternoon,  shall  be  so  un- 
loaded, yarded  or  sheltered,  fed  and  watered  within  six 
hours  thereafter  and  before  embarkation.  And  animals 
arriving  between  the  hours  of  6  in  the  afternoon  and  3  in 
the  forenoon,  shall  be  so  unloaded,  yarded  or  sheltered, 
fed  and  watered  before  9  o'clock  in  the  forenoon  following, 
and  before  embarkation,  if  remaining  in  the  State.  The 
railroad  company  or  transportation  line  having  animals 
in  charge  within  the  State  at  the  expiration  of  the  limit 
of  time  herein  specified  for  unloading,  feeding  and  water- 
ing, is  liable  to  the  penalties  herein  specified,  for  such 
neglect. 

Penalty  for  violation  of.  §  43.  A  railroad  company  or 
other  transportation  line  violating  any  provision  of  the 
two  preceding  sections,  forfeits  not  less  than  $50,  nor 
more  than  $500  for  every  such  offense. 

Sections  J/l,  Ji2  shall  apply  to  owners,  shippers,  etc. 
§  44.  Sections  41  and  42  shall  apply  to  the  owners,  ship- 
pers, charterer  of  cars  or  other  persons  having  the  care, 
custody  or  charge  of  animals  loaded  into  any  car,  or 
transported  upon  any  railroad;  and  such  owner,  shipper, 
charterer  of  cars,  or  other  person  having  the  care,  cus- 
tody or  charge  of  animals,  loaded  into  cars  or  trans- 
ported over  any  railroad,  for  a  violation  of  any  of  the 
provisions  of  said  §§  41  and  42,  shall  be  subject  to  the 
same  penalties  as  are  imposed  upon  railroad  companies 
for  a  like  violation,  by  §  43. 

§§  45,  46,   47,   CHAPTER  125,   REVISED   STATUTES, 
PAGE  937. 

TRANSPORTATION    OF    ANIMALS. 

Railroad  companies  have  a  lien  on  such  animals  for 
penalties  and  for  care  and  protection.  §  45.  Any  railroad 
company  or  other  transportation  line  shall  have  a  lien 
on  all  animals  in  transit  for  reimbursement  of  penalties 
paid  in  consequence  of  the  direction  or  orders  of  the 
owner  or  other  person  having  such  animals  in  charge, 
and  for  all  extra  expenses  or  damages  incurred  in  the 
care  and  protection  of  animals  according  to  this  chapter, 
and  is  not  liable  for  any  detention  of  such  animals  for  the 
purposes  herein  named. 

Officers  may  take  possession  of  animals  detained  in  vio- 
lation of  law.  §  46.  Any  sheriff,  deputy  sheriff,  police  officer, 
constable,  officer  of  any  society  for  the  prevention  of 
cruelty  to  animals,  or  other  person  authorized  to  make 
arrests,  may  take  possession  of  any  animals  detained  in 
violation  of  this  chapter,  and  may  unload  the  same,  com- 
fortably yard  or  shelter,  feed,  water  and  care  for  them, 
and  have  a  lien  thereon  for  a  reasonable  sum  for  such 
care,  and  is  not  liable  for  any  damages  for  detention  of 
the  same. 

Lien,  how  to  be  enforced.  §  47.  Persons  or  corporations 
having  such  lien,  may  sell  such  animals  at  public  auction, 
in  the  town  or  city  where  they  were  found  or  are  de- 
tained, after  three  days'  written  notice  to  the  party  claim- 
ing or  owning  th€  same;  or  if  such  party  cannot  be  found, 
by  publishing  notice  of  the  time  and  place  of  sale  for 
three  successive  days  in  any  daily,  or  once  in  any  weekly 
newspaper  printed  in  the  county  where  such  animals 
were  found  or  are  detained,  and  from  the  proceeds  of 
such  sale  may  deduct  all  costs,  charges  and  expenses, 
and  a  reasonable  compensation  for  trouble,  and  shall 
hold  the  balance,  if  any,  for,  and  pay  over  the  same,  on 
demand,  to  the  parties  owning  said  animals,  or  to  the 
legal  representatives  of  such  parties. 


636 


National  Association  of  Bailwat  Commissioners 


§§  5-7,  CHAPTER  126,  REVISED  STATUTES,  PAGE  939. 

GAMBLING   IN    RAILKOAD    CABS    AND   STEAMBOATS. 

Oambling  on  railroads  or  steamhoats,  how  to  be  pun- 
ished. §  5.  Whoever,  upon  any  railroad  train  or  in  any 
railroad  car,  or  upon  any  steamboat,  gambles  or  bets 
upon  any  person  gambling,  shall  be  punished  by  fine  of  not 
less  than  $100,  or  by  imprisonment  for  not  less  than 
three  months. 

Gamblers  on  railroads  shall  be  arrested  by  the  con- 
ductor. §  6.  Every  conductor  or  other  person  having 
charge  of  a  railroad  train,  is  required  to  arrest  or  cause 
to  be  arrested  all  persons  gambling  on  his  train,  and  to 
detain  them  in  his  custody  until  a  warrant  can  be  pro- 
cured from  the  proper  authorities,  and  he  may  employ 
all  necessary  aids  for  such  purposes. 

Copy  0/  §  §  5  and  6  shall  be  posted  in  cars  and  on 
steamboats.  §  7.  A  copy  of  the  two  preceding  sections 
shall  be  conspicuously  posted  in  every  car  in  which  pas- 
sengers are  usually  carried  on  any  steam  railroad,  and 
every  steamboat.  Any  railroad  or  steamboat  compny, 
or  the  proprietors  of  any  steamboat,  refusing  or  neg- 
lecting to  comply  with  this  requirement,  forfeits  for  each 
offense  flOO,  to  be  recovered  by  indictment  in  any  county 
in  which  said  railroad  company  runs  trains  or  the  steam- 
boat company  does  business. 

§§6-8,  CHAPTER  128,  REVISED  STATUTES,  PAGE  945. 

BREAKS,  ENTERS   RAILROAD  CARS,  INTERFERES  WITH  CAB  BRAKES, 
ELECTRIC    POWEBS,    ETC. 

Penalty  for  wilful  or  malicious  injury  to  property  of  any 
railroad.  §  6.  Whoever  wilfully,  mischievously  or  mali- 
ciously breaks  and  enters  any  railroad  car  on  any  rail- 
road in  the  State,  or  destroys,  injures,  defiles  or  defaces 
any  railroad  car  on  any  railroad  in  the  State,  or  mis- 
chievously of  maliciously  releases  the  brakes  upon,  moves 
or  sets  in  motion  any  railroad  car  on  the  track  or  side- 
track of  any  railroad  in  the  State,  shall  be  punished  by 
imprisonment  not  exceeding  two  years,  or  by  fine  not  ex- 
ceeding $500,  and  shall  also  be  liable  to  the  corporation 
injured  in  an  action  of  trespa&s  for  the  amount  of  injury 
so  done,  and  for  a  further  sum  not  exceeding  in  all  three 
times  such  amount,  as  the  jury  deems  reasonable. 

Penalty  for  injury  to  transit  points  or  bench-marks  of 
railroad.  §  7.  Whoever  wilfully  or  maliciously  disturbs, 
removes  or  destroys  any  transit  point,  or  bench-marks 
of  any  railroad  location  or  survey,  shall  be  punished  by 
a  fine  not  exceeding  $25,  or  imprisonment  not  exceeding 
30  days;  and  in  addition  shall  be  liable  in  an  action  for 
debt  for  the  amount  of  damages  done. 

Penalty  for  injuries  to  dams,  canals,  mill  machinery, 
ponds,  engines  and  electrical  fixtures.  §  8.  Whoever  wil- 
fully or  maliciously  injures,  removes  or  destroys  any 
dam,  reservoir,  canal,  trench  or  their  appurtenances,  or 
the  gear  or  machinery  of  a  mill  or  manufactory;  draws 
off  the  water  from  a  mill  pond,  canal  or  trench;  de- 
stroys or  injures  any  engine  or  its  apparatus  for  the 
extinguishment  of  fire,  or  any  posts,  glass  caps,  wires  or 
other  material  used  in  the  construction  and  operation  of 
a  telegraph,  telephone,  electric  light  or  electric  power 
line;  removes,  injures  or  destroys  any  public  or  toll 
bridge,  or  places  any  obstruction  on  such  bridge  or  on 
any  public  road,  with  intent  to  injure  persons  or  property 
passing  thereon,  shall  be  punished  by  imprisonment  for 
not  more  than  three  years  or  by  fine  not  exceeding  $500. 

§§  26,  27,  CHAPTER  128,  REVISED  STATUTES,  PAGE  948. 

■  Injury  of  baggage.  §  26.  Any  baggagemaster,  express 
agent,  stage  driver,  hackman  or  other  person  whose  duty 
it  is  to  handle,  remove  or  take  care  of  trunks,  valises, 
boxes,  packages  or  parcels,  whether  in  the  employment 
of  a  railroad,  steamboat  or  stage  company  or  not,  who, 
while  loading,  transporting,  unloading,  delivering  or  stor- 
ing such  property  wantonly  or  recklessly  injures  or  de- 
stroys the  same,  shall  be  punished  by  imprisonment  for 
less  than  one  year  or  by  fine  not  exceeding  $100;  and 
such  offenders  may  be  prosecuted  by  the  owner  of  prop- 
erty so  destroyed  or  injured,  or  by  his  authorized  agent, 
within  one  year  from  the  day  of  the  offense,  half  of  the 
fine  to  be  paid  to  such  owner,  and  half  to  the  county 
in   which  the  offense  was  committed. 

§  27.  Trial  justices,  and  municipal  and  police  courts, 
have   jurisdiction   of   offenses   described   in   the   preceding 


section,   when   the   property   destroyed   or   injury   done   is 
not  alleged  to  exceed  $20. 

§§28,   29,   30   AND   31,   CHAPTER   128,   REVISED    STAT- 
UTES, PAGE  948. 

MVearing  of  spiked  boots  and  shoes  in  public  places  for- 
bidden. §  28.  No  person  wearing  boots  or  shoes  with 
spikes  or  calks  in  the  sole  or  heel  thereof  shall  enter 
any  public  building,  hotel,  railroad  station,  railroad  car 
or  steamboat,  without  special  permission  from  the  owner, 
lessee,  person  in  charge  thereof,  or  some  officer,  agjint 
or  servant  of  either  of  them,  or  having  entered,  shall 
remain  therein  after  having  been  requested  to  leave  such 
public  building,  hotel,  railroad  station,  railroad  car  or 
steamboat,  by  the  owner,  lessee,  person  in  charge  thereof 
or  some  officer,  agent  or  servant  of  either  of  them. 

Penalty  for  violation.  §  29.  Whoever  violates  either  of 
the  provisions  of  §  28  shall,  on  complaint  and  conviction, 
be  fined  not  less  than  $1,  nor  more  than  $10,  but  a  per- 
son having  entered  as  aforesaid  without  permission  and 
remaining  after  having  been  requested  to  leave  as  above 
provided,  shall  only  be  convicted  of  violating  one  of  the 
provisions  of  §  28. 

Printed  copies  of  U^S  to  SI  must  be  posted  in  public 
places.  §30.  No  person  shall  be  convicted  of  any  ofCense 
under  §  28  unless  a  printed  copy  of  §§  28  to  31  inclusive 
shall  have  been  posted  in  a  conspicuous  place  in  the 
public  building,  hotel,  railroad  station,  railroad  car  or 
steamboat  where  such  offense  is  committed^  for  at  leEst 
30  days  prior  to  the  commission  of  said  offense,  and  is 
also  posted  at  the  time  of  said  offense. 

Penalty  for  destroying  notices.  §  31.  Whoever  wilfu:  ly 
destroys,  defaces  or  tears  down  any  such  printed  co  )y 
posted  under  the  preceding  section,  shall  forfeit  not  less 
than  $1,  nor  more  than  $10,  to  be  recovered  on  op  ik 
plaint. 


!0  n-j 


§§  6-8,  CHAPTER  2,  REVISED  STATUTES,  PAGE  51 

STATE    MAY    TAKE   RIGHT    OF   WAY. 

Compensation  to  owner.  §  5.  If  compensation  for  su  h' 
land  is  not  agreed  upon,  the  estate  may  be  taken  for  t  le 
intended  purpose  by  payment  of  a  fair  compensation,  o 
be  ascertained  and  determined  in  the  same  manner  i  s, 
and  by  proceedings  similar  to  those  provided  for  asci  r- 
taining  damages  in  locating  highways,  in  chapter  23. 

Governor  may  purchase  or  take  land  for  forts  and  oth  '.r 
purposes — May  cede  the  same  to  the  United  States.  §  6. 
Whenever'  the  public  exigencies  require  it,  the  goverm  r, 
with  the  advice  and  consent  of  the  council,  may  tal  e, 
in  the  name  of  the  State,  by  purchase  and  deed,  or  n 
the  manner  herein  denoted,  any  lands,  or  rights  of  w£  y, 
for  the  purpose  of  erecting,  using  or  maintaining  any  fo  t, 
fortification,  arsenal,  military  connection,  way,  railroE  i, 
light-house,  beacon  or  other  aid  to  navigation,  with  :  11 
necessary  rights,  powers  and  privileges  incident  to  th(  ir 
use,  and  may  deliver  possession  and  cede  the  jurisdiction 
thereof  to  the  United  States,  on  such  terms  as  a  -e 
deemed  expedient. 

Shall  cause  land  to  be  surveyed — Plan,  etc.,  to  be  fil  (J 
and  recorded  in  secretary's  office — Title,  ftoto  vested.  §  7. 
When  the  governor  and  council  determine  that  a  pub  ic 
exigency  requires  the  taking  of  any  land  or  rights  is 
aforesaid,  they  shall  cause  the  same  to  be  surveyed,  o- 
cated,  and  so  described  that  the  same  can  be  identifle  d, 
and  a  plan  thereof,  with  a  copy  of  the  order  in  council, 
shall  be  filed  in  the  office  of  the  secretary  of  State,  aid 
there  recorded.  The  filing  of  said  plan  and  copy  shall 
vest  the  title  to  the  land  and  rights  aforesaid,  in  tie 
State  of  Maine,  or  their  grantees,  to  be  held  during  tie 
"pleasure  of  the  State,  and  if  transferred  to  the  Unit^'d 
States,  during  the  pleasure  of  the  United  States. 

Compensation  to  owner.  §  8.  The  owner  of  any  land  or 
rights,  taken  as  aforesaid,  shall  have  a  just  compensation 
therefor,  to  be  determined  as  prescribed  in  §  5;  provided, 
that  application  is  made  within  five  years  after  the  laid 
is  taken. 

EXCISE  TAX  ON  RAILROADS. 

Be  it  enacted,  etc.: 

Section  2.5,  chapter  S,  Revised  Statutes,  as  amended  bv 
chapter  168,  Public  Laics  of  1907,  as  amended  by  chapter  SI, 
Public  Laws  of  1!)09,  further  amended.    §  1.    Section  25  of 


'Idcd, 
lai(L 

m 


Public  Service  Laws 


637 


chapter  8  of  the  revised  statutes,  as  amended  by  chap- 
ter 168  of  the  public  laws  of  1907  and  as  amended  by 
chapter  81  of  the  public  laws  of  1909,  is  hereby  amended 
by  striking  out  the  word  "five"  in  the  sixteenth  line  of 
said  chapter  81  of  the  public  laws  of  1909  and  substituting 
therefor  the  words  "five  and  one-half,"  so  that  said  sec- 
tion as  amended  shall  read  as  follows: 

Aviount  of  tax  on  railroads,  hotv  ascertain.  §  25.  The 
amount  of  such  annual  excise  tax  shall  be  ascertained  as 
follows:  The  amount  of  the  gross  transportation  receipts, 
as  returned  to  the  railroad  commissioners  for  the  year 
ending  on  the  thirtieth  day  of  June,  preceding  the  levy- 
ing of  such  tax,  shall  be  divided  by  the  number  of  miles 
of  railroad  operated  to  ascertain  the  average  gross  re- 
ceipts per  mile;  when  such  average  receipts  per  mile  do 
not  exceed  $1,500  the  tax  shall  be  equal  to  one-half  of 
1  per  cent  of  the  gross  transportation  receipts,  when 
the  average  receipts  per  mile  exceed  $1,500,  and  do  not 
exceed  $1,900,  the  tax  shall  be  equal  to  three-quarters  of 
1  per  cent  of  the  gross  receipts,  and  so  on,  increasing 
the  rate  of  tax  one-quarter  of  1  per  cent  for  each  addi- 
tional $400  of  average  gross  receipts  per  mile  or  fractional 
part  thereof;  provided,  that  the  rate  in  no  event  exceeds 
5%  per  cent,  and  in  case  of  railroads  operated  exclusively 
for  the  transportation  of  freight,  said  rate  shall  in  no 
event  exceed  3  per  cent.  When  a  railroad  lies  partly 
within  and  partly  without  the  State,  or  is  operated  as  a 
part  of  a  line  or  system  extending  beyond  the  State,  the 
tax  shall  be  equal  to  the  same  proportion  of  the  gross 
receipts  in  the  State,  as  herein  provided,  and  its  amount 
shall  be  determined  as  follows:  The  gross  transportation 
receipts  of  such  railroad,  line  or  system,  as  the  case  may 
be,  over  its  whole  extent,  within  and  without  the  State, 
shall  be  divided  by  the  total  number  of  miles  operated 
to  obtain  the  average  gross  receipts  per  mile,  and  the 
gross  receipts  in  the  State  shall  be  taken  to  be  the  aver- 
age gross  receipts  per  mile,  multiplied  by  the  number  of 
miles  operated  within  the  State. 

When  Act  shall  take  effect,  i  2.  This  Act  shall  take 
effect  when  approved.     (Approved  March  30,  1911.) 


T.\XATIOX  OF  EXPRESS  COMPANIES. 

Preamble:  Whereas,-  the  tax  assessed  under  this  Act  must 
be  assessed  on  or  before  the  fifteenth  day  of  June  next, 
and  whereas,  in  the  opinion  of  the  legislature,  this 
fact  renders  the  Immediate  passage  of  this  Act  neces- 
sary for  the  preservation  of  the  peace,  health  and 
safety,  and  constitutes  an  emergency  within  the  mean- 
ing of  the  constitution;   now,  therefore 

Be  it  enacted  hy  the  people  of  the  State  of  Maine,  a.i 
follows: 

Section  Ji2.  chapter  8,  Revised  Statutes,  as  amended  hy 
chapter  167,  Public  Laws  of  1907,  as  amended  by  chapter 
152,  Public  Laws  of  1909,  further  amended.  Section  42  of 
chapter  8  of  the  revised  statutes,  as  amended  by  chap- 
ter 167  of  the  public  laws  of  1907,  and  as  further  amended 
by  chapter  152  of  the  public  laws  of  1909,  is  hereby  fur- 
ther amended  by  striking  out,  in  lines  8  and  10  of  said 
section,  the  words  "three"  and  inserting  in  place  thereof 
the  words  "four,"  so  that  said  section  as  amended  shall 
read  as  follows: 

Companies  and  persons  doing  express  business  shall 
apply  annually  for  license  and  shall  pay  tax.  §  42.  Every 
corporation,  company  or  person  doing  express  business 
on  any  railroad,  steamboat  or  vessel  in  the  State,  shall, 
annually,  before  the  first  day  of  May,  apply  to  the  treas- 
urer of  State  for  a  license  authorizing  the  carrying  on  of 
said  business,  and  any  such  corporation,  company  or 
person  neglecting  to  make  application  as  aforesaid  for- 
feits $50,  to  be  recovered  by  action  of  debt  in  the  name 
of  the  State;  every  such  corporation,  company  or  person 
shall  annually  pay  to  the  treasurer  of  State  4  per  cent  of 
the  gross  receipts  of  said  business  for  the  year  ending  on 
the  first  day  of  April  preceding.  Said  4  per  cent  shall 
be  on  all  business  done  in  the  State,  including  a  propor- 
tional part  on  all  express  business  coming  from  other 
States  or  countries  into  this  State,  and  all  going  from 
this  State  to  other  States  or  countries;  provided,  however, 
that  nothing  herein  applies  to  goods  or  merchandise  In 
transit  through  the  State.     (Approved  March  28,  1911.) 


RELOCATION    OF   STREET  RAILWAY. 

Be  it  enacted,  etc.: 

Location  of  tracks  of  street  railways  may  be  changed  by 
municipal  officers  upon  petition.  §  1.  Upon  a  petition  of 
10  or  more  citizens  and  taxpayers  of  any  city  or  town, 
setting  forth  that  the  tracks  of  any  street  railway  com- 
pany operated  in  said  city  or  town  are  located  Inconve- 
niently for  the  public,  the  municipal  ofBcers,  if  in  their 
judgment  public  convenience,  or  street  improvement,  re- 
quires it,  may  change  said  location  within  the  limits  of 
any  street,  but  not  to  another  street,  and  order  the 
company  operating  the  same  to  make  the  alterations  and 
make  such  decree  as  to  the  expense  of  the  same  as  be- 
tween the  railway  and  the  municipality  as  they  may  deem 
equitable,  subject  to  appeal  as  hereinafter  provided,  and 
said  alterations  shall  be  made  in  accordance  with  the 
directions  of  the  municipal  officers. 

Hearing  and  notice.  §  2.  The  municipal  officers  shall 
hold  a  public  hearing  on  said  petition  and  give  reasonable 
notice  to  all  parties  interested. 

Appeals.  §  3.  Either  the  petitioners,  or  any  street  rail 
way  affected  by  the  decision  of  the  municipal  officers, 
may  appeal  to  the  board  of  railway  commissioners,  who 
shall,  upon  notice,  hear  the  parties  and  finally  determine 
the  questions  raised  by  said  appeal.  (Approved  March 
27,  1911.) 

WHO   MAY  SIGN  STOCK   CERTIFICATES. 

An  Act  relating  to  the  signature  of  stock  certificates. 
Be  it  enacted,  etc.: 

Section  Sli,  chapter  ^7,  Revised  Statutes,  amended.  Sec- 
tion 34  of  chapter  47  of  the  revised  statutes  is  hereby 
amended  by  inserting  in  the  tenth  line  thereof,  before  the 
word  "clerk,"  the  word  "secretary,"  by  inserting  after  the 
word  "treasurer,"  in  the  same  line,  the  words  "of  assistant 
treasurer"  and  by  adding  after  the  word  "issued,"  in  the 
twelfth  line,  the  words  "unless  the  corporation  has  a  duly 
authorized  transfer  agent,  whose  duty  it  is  to  counter- 
sign each  certificate  issued,"  so  that  said  section,  as 
amended,  shall  read  as  follows: 

Transfer  of  shares,  how  made.  S  34.  When  the  capital 
of  a  corporation  is  divided  Into  shares,  and  certificates 
thereof  are  issued,  they  may  be  transferred  by  indorse- 
ment and  delivery.  The  delivery  of  a  certificate  of  stock 
of  a  corporation  to  a  bona  fide  purchaser  or  pledge  for 
value,  together  with  a  written  transfer  of  the  same  or 
a  written  power  of  attorney  to  sell,  assign  and  transfer  the 
same,  signed  by  the  owner  of  the  certificate,  shall  be  a 
sufficient  delivery  to  transfer  the  title  against  all  parties. 
Certificates  of  shares,  with  the  seal  of  the  corporation 
affixed,  shall  be  issued  to  those  entitled  to  them  by  trans- 
fer or  otherwise,  signed  by  the  president  or  vice-president, 
and  by  the  cashier,  secretary,  clerk,  treasurer  or  assist- 
ant treasurer.  Neither  shall  sign  blanks  and  leave  them 
for  use  by  the  other,  nor  sign  them  without  knowledge 
of  the  apparent  title  of  the  person  to  whom  they  are 
issued,  unless  the  corporation  has  a  duly  authorized  trans- 
fer agent,  whose  duty  it  is  to  countersign  each  certificate 
issued.  In  case  of  the  absence  or  disability  of  either  of 
said  officers,  the  signature  of  a  majority  of  the  directors 
in  his  stead  is  sufficient.    (Approved  March  29,  1911.) 

FIRE    PATROL. 

Be  it  enacted,  etc.: 

Forest  commissioner  shall  maintain  fire  patrol  along 
railroads.  §  1.  It  shall  be  the  duty  of  the  forest  commis- ■ 
sioner  whenever,  in  his  judgment,  the  woodlands  along  the 
railroads  traversing  the  wild  lands  of  the  State,  over  which 
said  commissioner  has  jurisdiction,  are  in  a  dry  and 
dangerous  condition,  to  maintain  a  competent  and  efficient 
fire  patrol  along  the  right  of  way  of  lands  of  such  rail- 
roads. 

Expense  of  fire  patrol  shall  be  paid  by  railroad  company. 
§  2.  The  forest  commissioner  shall  keep,  or  cause  to  be 
kept,  an  account  of  the  cost  of  maintaining  such  fire 
patrol  along  the  line  of  such  railroad,  including  therein 
the  wages  and  expenses  of  the  employes  engaged  in  main- 
taining such  fire  patrol,  and  the  total  cost  thereof  shall 
be  paid  to  the  forest  commissioner  by  the  railroad  com- 
pany along  whose  land  or  right  of  way  such  patrol  is 
maintained,  such  payment  to  be  made  monthly  or  on  the 
presentation  of  the  bills  therefor.    All  such  funds  received 


638 


National  Association  of  Railway  Commissioners 


by  said  commissioner  shall  be  credited  to  the  fund  for 
the  protection  of  the  forests  against  fire  from  which  it 
was  drawn. 

All  fires  shall  be  reported  to  forest  commissioner.  §  3. 
All  fires  started  upon  the  right  of  way  of  any  railroad  or 
lands  adjacent  thereto  shall  be  immediately  reported  to 
the  commissioner  upon  blanks  to  be  furnished  by  him,  by 
the  patrolman  within  whose  limits  the  fire  originated, 
.setting  forth  the  origin  of  such  fire,  the  quantity  and 
quality  of  the  land  burned  over,  and,  if  the  fire  was 
started  by  a  locomotive,  he  shall  give  the  number  thereof. 

Building  fires  along  right  of  way.  §  4.  No  railroad  em- 
ploye shall  build  a  fire  to  burn  rubbish  along  its  right  of 
way  through  forest  lands  when  forbidden  to  do  so  by  the 
forest  commissioner  or  his  wardens. 

Railroad  company  not  released  from  damages.  §  5. 
Nothing  in  this  Act  shall  be  construed  as  releasing  any 
railroad  company  from  any  damage  caused  by  fires  set  by 
their  locomotives  or  employes.    (Approved  March  16,  1911.) 

IMPRISONMENT    FOR   BREAKING   FREIGHT    CAR   SEAL. 

Be  it  enacted,  etc.: 

Section  6,  chapter  128.  Revised  Statutes,  amended.  Sec- 
tion 6  of  chapter  128  of  the  revised  statutes  is  hereby 
amended  by  adding  after  the  word  "maliciously,"  in  the 
first  line,  the  following:  "breaks  the  seal  upon  any  freight 
car  or,"  so  that  said  section,  as  amended,  will  read  as 
follows: 

Penalty  for  wilful  or  malicious  injury  to  property  of 
any  railroad.  §  6.  Whoever  wilfully,  mischievously  or  ma- 
liciously breaks  the  seal  upon  any  freight  car,  or  breaks 
and  enters  any  railroad  car  on  any  railroad  in  the  State, 
or  destroys,  injures,  defiles  or  defaces  any  railroad  car 
on  any  railroad  in  the  State,  or  mischievously  or  ma- 
liciously releases  the  brakes  upon,  moves  or  sets  in  motion, 
any  railroad  car  on  the  track  or  side  track  of  any  rail- 
road in  the  State,  shall  be  punished  by  imprisonment  not 
exceeding  two  years,  or  by  fine  not  exceeding  $500,  and 
shall  also  be  liable  to  the  corporation  Injured  in  an  action 
of  trespass  for  the  amount  of  injury  so  done,  and  for  a 
further  sum  not  exceeding  in  all  three  times  such  amount, 
as  the  jury  deems  reasonable.  (As  amended  by  Act  ap- 
proved  March   28,   1911.) 

CHAPTER  43. 

FREE    PASSES    TO   POLICEMEN    AND    FIREMEN. 

Be  it  enacted,  etc.: 

Section  2  of  chapter  153  of  the  public  laws  of  1907,  as 
amended  by  chapter  72  of  the  public  laws  of  1909,  is  here- 
by further  amended  by  inserting  after  the  word  "families," 
in  the  fourth  line  of  said  §  2,  the  following  words:  "Or  to 
police  ofiicers,  or  to  members  of  fire  departments  in  course 
of  duty;"  also  by  inserting  after  the  word  "official,"  in  the 
eighth  line  of   said   section   the  following  words:      "Ex- 


cepting police  officers  and  members  of  fire  departments," 
so  that  §  2,  as  amended,  shall  read  as  follows: 

Exceptions  as  to  the  issuance  of  passes  to  public  officials. 
§  2.  This  statute  shall  not  apply  to  the  issuance  and  inter- 
change of  passes,  for  passes  for  oflScers,  agents,  employes, 
surgeons,  physicians  and  attorneys  of  railroads  and  other 
carriers,  and  their  families,  or  to  police  officers,  or  to 
members  of  fire  departments  in  course  of  duty,  but  such 
officer,  agent  or  person,  if  holding  or  receiving  free  or 
reduced  rate  transportation,  shall  not  receive  from  the 
State  or  municipality  any  mileage  or  pay  for  personal 
transportation  as  such  State  or  county  or  municipal  of- 
ficial over  the  steam  or  other  railways  from  which  he  has 
free  or  reduced  rate  transportation;  and  it  shall  be  the 
duty  of  all  railway  corporations,  within  five  days  of  issu- 
ance, to  file  with  the  secretary  of  State  the  name  of  every 
federal,  State  or  county  or  municipal  official,  excepting 
police  officers  and  members  of  fire  departments,  to  whom 
free  or  reduced  rate  transportation  is  issued  by  said  cor- 
poration, the  kind  of  transportation,  the  time  for  which  it 
is  good  and  the  reason  for  so  doing. 

Secretary  of  State  shall  keep  a  record  of  free  transpo>-ta- 
tion.  It  shall  be  the  duty  of  the  secretary  of  State  to  keep 
in  a  suitable  book  a  record  of  all  such  free  or  reduced 
rate  transportation  so  issued  to  any  federal,  State  or 
county  or  municipal  official,  which  record  shall  be  o:)€H 
at  any  time  during  office  hours  for  public  examinati  cw. 
(Approved  March  17,  1911.) 


4^ 


REFUSAL   TO   PAY    FARE. 

Be  it  enacted,  etc.: 

Section  7,  chapter  .12,  Revised  Statutes,  as  amended  bf 
chapter  134,  Public  Laws  of  1907.  further  amended,  i  ec- 
tion  7  of  chapter  52  of  the  revised  statutes,  as  amemled 
by  chapter  134  of  public  laws  of  1907,  is  hereby  amemied 
by  adding  after  the  word  "fare,"  in  the  tenth  line  of  s  lid 
section,  the  words  "whether  said  fare  is  demanded  or  i  or, 
or  whoever  without  right  or  authority  rides  in  or  upon  s  ny 
freight  train,"  so  that  said  section  as  amended  shall  r.  ad 
as  follows: 

Penalty  for  evading  payment  of  fare,  or  riding  on 
freight  train.  §  7.  No  person  is  entitled  to  transportat  on 
over  a  steam  railroad,  street  railroad,  or  upon  any  stei  m- 
boat  or  ferry,  who  does  not,  on  demand,  first  pay  'or 
established  fare.  Whoever,  while  being  transported  o  er 
any  steam  railroad,  street  railroad,  steamboat  or  fei  ry, 
wilfully  refuses,  on  demand,  to  pay  the  established  fs  re, 
and  whoever  fraudulently  evades  payment  of  the  establis  ed 
fare  by  giving  a  false  answer,  or  by  traveling  beyond  he 
place  to  which  he  has  paid,  or  by  leaving  a  train,  str  !et 
railroad  car,  steamboat  or  ferry  without  paying  the  est  ib- 
lished  fare,  whether  said  fare  is  demanded  or  not,  or  w  so- 
ever without  right  or  authority  rides  in  or  upon  any  frei  ,'ht 
train,  forfeits  not  less  than  five  or  more  than  $20,  to  be 
recovered  on  complaint.     (Approved  March  29,  1911.) 


PUBLIC   SERVICE  LAWS  OF  MARYLAND 


i( 


CONSTITUTIONAL  PROVISIONS. 

DECLARATION  OF  RIGHTS. 

Article  9.  That  no  power  of  suspending  laws  or  the 
execution  of  laws,  unless  by,  or  derived  from  the  legislature, 
ought  to  be  exercised,  or  allowed. 

Article  Jil.  That  monopolies  are  odious,  contrary  to  the 
spirit  of  a  free  government  and  the  principles  of  commerce, 
and  ought  not  to  be  suffered. 

ARTICLE  III. 

LEGISLATIVE    DEPARTMENT. 

§  40.  The  general  assembly  shall  enact  no  law  author- 
izing private  property  to  be  taken  for  public  use,  without 
just  compensation  as  agreed  upon  between  the  parties,  or 
awarded  by  a  jury,  being  first  paid  or  tendered  to  the  party 
entitled  to  such  compensation. 

§  48.  Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  Act,  except  for  mu- 
nicipal purposes  and  except  in  cases  where  no  general  laws 
exist,  providing  for  the  creation  of  corporations  of  the 
same  general  character  as  the  corporation  proposed  to  be 


created,  and  any  Act  of  incorporation  passed  in  violation 
of  this  section  shall  be  void;  all  charters  granted  or  adopted 
in  pursuance  of  this  section,  and  all  charters  heretof  )re 
granted  and  created  subject  to  repeal  or  modification,  may 
be  altered  from  time  to  time,  or  be  repealed ;  provlc  ed, 
nothing  herein  contained  shall  be  construed  to  extend  to 
banks  or  the  incorporation  thereof;  the  general  assembly 
shall  not  alter  or  amend  the  charter  of  any  corporation 
existing  at  the  time  of  the  adoption  of  this  article,  or  pass 
any  other  general  or  special  law  for  the  benefit  of  s  ich 
corporation  except  upon  the  condition  that  such  corpora- 
tion shall  surrender  all  claim  to  exemption  from  taxation 
or  from  the  repeal  or  modification  of  its  charter,  and  that 
such  corporation  shall  thereafter  hold  its  charter  sub.ect 
to  the  provisions  of  this  constitution;  and  any  corporation 
chartered  by  this  State  which  shall  accept,  use,  or  enjoy 
or  in  anywise  avail  itself  of  any  rights,  privileges  or 
advantages  that  may  hereafter  be  granted  or  conferred 
by  any  general  or  special  Act,  shall  be  conclusively  pre- 
sumed to  have  thereby  surrendered  any  exemption  from 
taxation  to  which  it  may  be  entitled  under  its  charter,  and 
shall  be  thereafter  subject  to  taxation  as  it  no  such  ex- 


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639 


emption  has  been  granted  by  its  charter.  [As  amended 
by  chapter  195,  Acts  of  1890,  ratified  by  the  people  Novem- 
ber 3,  1891.] 

§  54.  No  county  of  this  State  shall  contract  any  debt 
or  obligation,  in  the  construction  of  any  railroad,  canal, 
or  other  work  of  internal  improvement,  nor  give  or  loan 
its  credit  to  or  in  aid  of  any  association,  or  corporation, 
unless  authorized  by  an  Act  of  the  general  assembly,  which 
shall  be  published  for  two  months  before  the  next  election 
for  members  of  the  house  of  delegates  in  the  newspapers 
published  in  such  county,  and  shall  also  be  approved  by 
a  majority  of  all  the  members  elected  to  each  house  ot 
general  assembly,  at  its  next  session  after  said   election. 

ARTICLE  XII. 

PUBLIC    WORKS. 

§  1.  The  governor,  the  comptroller  of  the  treasury,  and 
the  treasurer  shall  constitute  the  board  of  public  works  In 
this  State.  They  shall  keep  a  journal  of  their  proceedings, 
and  shall  hold  regular  sessions  in  the  city  of  Annapolis 
on  the  first  Wednesday  in  January,  April,  July  and  October 
in  each  year,  and  oftener  if  necessary;  at  which  sessions 
they  shall  hear  and  determine  such  matters  as  affect  the 
public  works  of  the  State,  and  as  the  general  assembly  may 
confer  upon  them  the  power  to  decide. 

§  2.  They  shall  exercise  a  diligent  and  faithful  super- 
vision of  all  public  works  in  which  the  State  may  be  inter- 
ested as  stockholder  or  creditor,  and  shall  represent  and 
vote  the  stock  of  the  State  of  Maryland  in  all  meetings 
of  the  stockholders  of  the  Chesapeake  &  Ohio  Canal;  and 
shall  appoint  the  directors  in  every  railroad  and  canal 
company  in  which  the  State  has  the  legal  power  to  ap- 
point directors,  which  said  directors  shall  represent  the 
State  in  all  meetings  of  the  stockholders  of  the  respective 
companies  for  which  they  are  appointed  or  elected.  And 
the  president  and  directors  of  (he  said  Chesapeake  &  Ohio 
Canal  Company  shall  so  regulate  the  tolls  of  said  company 
from  time  to  time  as  to  produce  the  largest  amount  of 
revenue,  and  to  avoid  the  injurious  effect  to  said  company 
of  rival  competition  by  other  internal  improvement  com- 
panies. They  shall  require  the  directors  of  all  said  public 
works  to  guard  the  public  interest  and  prevent  the  estab- 
lishment of  tolls  which  shall  discriminate  against  the  inter- 
est of  the  citizens  or  products  of  this  State,  and  from  time 
to  time,  and  as  often  as  there  shall  be  any  change  in  the 
rates  of  toll  on  any  of  the  said  works;  to  furnish  the  said 
board  of  public  works  a  schedule  ot  such  modified  rates  of 
toll,  and  so  adjust  them  as  to  promote  the  agricultural 
interests  of  the  State;  they  shall  report  to  the  general 
assembly  at  each  regular  session,  and  recommend  such 
legislation  as  they  may  deem  necessary  and  requisite  to 
promote  or  protect  the  interests  of  the  State  in  the  said 
public  works;  they  shall  perform  such  other  duties  as  may 
be  hereafter  prescribed  by  law,  and  a  majority  of  them 
shall  be  competent  to  act.  The  governor,  comptroller 
and  treasurer  shall  receive  no  additional  salary  for  serv- 
ices rendered  by  them  as  members  of  the  board  of  public 
works.  The  provisions  of  the  Act  of  the  general  assembly 
of  Maryland  of  the  year  1867,  chapter  359,  are  hereby  de- 
clared null  and  void. 

§  3.  The  board  of  public  works  is  hereby  authorized, 
subject  to  such  regulations  and  conditions  as  the  general 
assembly  may  from  time  to  time  prescribe,  to  sell  the 
State's  interest  in  all  works  of  internal  improvement, 
whether  as  a  stockholder  or  a  creditor,  and  also  the  State's 
interest  in  any  banking  corporation,  receiving  In  payment 
the  bonds  and  registered  debt  now  owing  by  the  State, 
equal  In  amount  to  the  price  obtained  for  the  State's  said 
interest.     [As  amended  1891.] 

STATUTE  LAW. 

PUBLIC  SERVICE  COMMISSION. 

(Chapter  180,  Acts  of  1910,  being  S  §  413-468  of,  article  23  ot 

Bagby's  Annotated   Code  of  , Maryland.) 

ABSTKACT   OF   ACT." 

§  1.    Scope  of  Act  and  definitions. 

§  2.  Commission  established.  Aijpolntment.  Terms  of 
office.  Counsel.  Salaries,  Secretary.  Other  officers.  Eli- 
gibility. 

§  3.    Jurisdiction  of  commission. 

§  4.     Ofl^ce.     Organization.    Hearings. 

§  5.     Payment  of  Salaries.     Appropriation. 

§  6.     Counsel.     Duties.     Actions. 


§  7.  Recommendations  to  and  employment  by  corpora- 
tions prohibited.     Incompatible  duties. 

§  8.  Records  and  information  of  commission  to  be 
public.    Copies  of  documents.    Pees  and  charges  for  copies. 

§  9.  Witnesses.  Subpoenas.  Fees.  Failure  to  attend 
or  answer. 

§  10.  Practice  before  commission.  Incriminating  evi- 
dence. 

§  11.  Rehearings.  Service  of  orders.  Resort  to  the 
courts. 

§  12.  Act  applies  to  transportation  and  carriers  within 
the  State. 

§  13.  Safe  and  adequate  service.  Reasonable  charges. 
General  supervision  over  carriers.  Administering  oaths. 
Books  and  records. 

§  14.     Switch  and  sidetrack  connections. 

§  15.  Tariff  schedules.  Changes  in.  Acceptance  by 
other  carriers.    Copies  of  contracts. 

§  16.  Special  rates.  Rebates  and  drawbacks.  Un- 
reasonable preferences.  Schedules  of  rates,  when  to  be 
filed.  Effect  of.  Free  transportation.  When  permitted. 
Mileage  and  commutation  tickets. 

§  17.    False  billing,  classification,  weights,  etc. 

§  18.  Interchange  of  passengers  and  freight.  Discrimi- 
nation between  carriers.    Connecting  carriers.    Joint  rates. 

§  19.  Long  and  short  hauls.  Furnishing  and  distribu- 
tion of  cars. 

§  20.  Administering  oaths.  General  supervision  over 
carriers.  Examination  of  books,  etc.  Hearings  and  recom- 
mendations as  to  proposed  legislation. 

§  21.  Annual  reports.  Reports  of  earnings  and  ex- 
penses.    Specific  answers. 

§  22.  Investigations  of  accidents.  Investigations  on 
commission's  own  motion.     Complaints.     Orders  on. 

§  23.  Determination  of  just  and  reasonable  rates  and 
safe  and  adequate  service.  Through  routes  and  joint  rates. 
Changes,  etc..  In  Equipment,  etc. 

§  24.  Time  schedule.  Adequate  service.  Sufficient  cars. 
Motive  power. 

§  25.  Uniform  system  of  accounts.  Access  to  records, 
etc. 

§  26.  Construction  work  and  exercise  of  franchises. 
Transfer  and  lease  of  franchises.  Acquisition  of  capital 
stock. 

§  27.  Issue  of  stocks,  bonds  and  evidences  of  indebted- 
ness. Capitalization  of  franchises,  leases,  etc.  Consolida- 
tions. 

§  28.  Penalties.  Mandamus  and  Injunction.  Actions 
for  penalties. 

§  29.    Freight  rates  on  interstate  traffic. 

§  30.  Valuation  of  property.  Investigations  to  deter- 
mine.   Hearing  of  protests. 

§  31.     Act  applies  to  gas  and  electricity. 

§31'/^.  Safe  and  adequate  service.  Reasonable  charges. 
Existing  legislation  as  to  charges  repealed.  Special  rates, 
rebates  and  drawbacks.  Unreasonable  preferences.  Sliding 
scale  of  charges. 

§  31%.  General  supervision  over  companies.  Quality  of 
gas  and  methods  of  manufacturing,  etc.,  gas  and  electricity. 
Standard  and  purity  of  gas.  Electric  supply  system.  Initial 
efficiency.  Investigations.  Valuation  of  property.  Uni- 
form methods  of  accounts.  Examinations  as  to  methods, 
etc.  Annual  reports.  Entry  upon  premises.  Examination 
of  books  and  affairs.  Witnesses,  testimony  and  oaths.  In- 
spection of  gas  and  electric  meters.    Testing  apparatus. 

§  32.     Complaints  as  to  meters. 

§  33.  Construction  work  and  exercise  of  franchises. 
Municipal  gas  and  electric  works. 

§  34.  Issue  of  stocks,  bonds  and  evidences  of  Indebted- 
ness. Capitalization  of  franchises,  leases,  etc.  Consolida- 
tions. 

§  35.  Transfer  or  lease  of  franchises.  Acquisition  of 
capital  stock  and  bonds. 

§  36.  Complaints  as  to  quality,  etc.,  and  price  of  gas 
and  electricity. 

§  37.  Notice  of  such  complaints  and  hearings.  Order.? 
of  commission. 

§  38.  Penalties  and  forfeitures.  Actions  to  recover. 
Mandamus  and  Injunction.  Suits  for  charges,  excessive 
charge  as  a  defense  to. 

§  39.  Act  applies  to  telephone  and  telephone  service. 
General  supervision  of  the  commission.  Investigation  of 
service  and   methods.     Methods  of  keeping  accounts,   etc. 


640 


Xational  Association  of  Railway  Commissioners 


Kzaminations.  Annual  reports.  Entry  upon  premises.  Ex- 
amination of  books  and  affairs.    Valuation  of  property. 

§  40.  Adequate  and  reasonable  service.  Reasonable 
charges.    Undue  preferences.     Changes  in  equipment,  etc. 

§  41.  Other  provisions  of  this  law  applicable  to  telephone 
and  telegraph  companies. 

§  42.  Other  provisions  of  this  law  applicable  to  these 
companies. 

PROCEDURE    IN    THE    COURTS. 

§  43.  Resort  by  corporations  to  the  courts.  When  in- 
junction may  issue. 

§  44.  Procedure  when  evidence  offered  before  the  court 
differs  from  that  offered  before  the  commission. 

S  45.     Appeals  to  the  courts  of  appeal. 

§  46.     Burden  of  proof. 

§  47.    Processes. 

§  48.    Incriminating  evidence. 

§  49.    Substantial  compliance  sufficient. 

§  50.    Power  to  enter  premises. 

§  51.    Auditing  of  accounts  of  commission. 

§  52.    Implied  powers. 

§  53.    Act  not  to  apply  to  interstate  commerce. 

§  54.    Sections  independent  of  each  other. 

§  55.    Inconsistent  laws  repealed. 

§  56.  Time  Act  takes  effect. 
An  Act  to  create  and  establish  a  public  service  commis- 
sion, and  prescribing  its  powers  and  duties,  and  to  pro- 
vide for  the  regulation  and  control  of  public  service 
corpations  and  public  utilities,  and  making  appro- 
priations therefor. 

SCOrE   OF   ACT    AND   DEFINITIONS. 

Be  it  enacted  hy  the  general  assembly  of  Maryland: 

Title.  §  1.  That  this  Act  shall  be  known  as  the  "pub- 
lic service  commission  law,"  and  shall  apply  to  the  public 
services  herein  described  and  to  the  commission  hereby 
created  and  to  the  public  service  corporations  and  persons 
herein  mentioned  and  referred  to. 

Terms  defined — Commission.  The  term  "commission," 
when  used  in  this  Act,  means  the  public  service  commis- 
sion hereby  created. 

Commissioner.  The  term  "commissioner,"  when  used  In 
this  Act,  means  one  of  the  members  of  such  commission. 

Corporation.  The  term  "corporation,"  when  used  in  this 
Act,  includes  a  corporation,  company,  association  and  joint 
stock  company  or  association. 

Person.  The  term  "person,"  when  used  in  this  Act,  in- 
cludes an  Individual  and  a  firm  or  copartnership. 

Railroad.  The  term  "railroad,"  when  used  in  this  Act, 
Includes  every  railroad,  other  than  a  street  railroad,  by 
whatsoever  power  operated  for  public  use  in  the  convey- 
ance of  persons  or  property  for  compensation,  with  all 
bridges,  ferries,  tunnels,  switches,  spurs,  tracks,  stations 
and  terminal  facilities  of  every  kind,  used,  operated,  con- 
trolled or  owned  by  or  in  connection  with  any  such  rail- 
road. 

Street  railroad.  The  term  "street  railroad,"  when  used 
in  this  Act,  includes  every  railroad  by  whatsoever  power 
operated,  or  any  extension  or  extensions,  branch  or 
branches  thereof,  for  public  use  in  the  conveyance  of  per- 
sons or  property  for  compensation,  being  mainly  upon, 
along,  above  or  below  any  street,  avenue,  road,  highway, 
bridge  or  public  place  within  the  corporate  limits  of  the 
city  of  Baltimore  or  any  other  city  or  town  containing 
a  population  of  not  less  than  two  thousand  persons,  within 
the  State  of  Maryland,  and  including  all  switches,  spurs, 
tracks,  right  of  trackage,  subways,  tunnels,  stations,  ter- 
minals and  terminal  facilities  of  every  kind,  used,  operated, 
controlled  or  owned  by  or  in  connection  with  any  such 
street  railroad;  but  the  said  term  "street  railroad,"  when 
used  in  this  Act,  shall  not  include  a  railroad  constituting 
or  used  as  a  part  of  a  trunk  line  railroad  system. 

Railroad  corporation.  The  term  "railroad  corporation," 
when  used  in  this  Act,  includes  every  corporation,  company, 
association,  joint  stock  company  or  association,  partnership 
and  person,  their  lessees,  trustees  or  receivers,  appointed 
by  any  court  whatsoever,  owning,  operating,  managing  or 
controlling  any  railroad  or  any  cars  or  other  equipment 
used  thereon,  or  in  connection  therewith. 

Street  railroad  corporation.  The  term  "street  railroad 
corporation,"  when  used  in  this  Act,  includes  every  corpo- 


ration, company,  association,  joint  stock  company  or  asso- 
ciation, partnership  and  person,  their  lessees,  trustees  or 
receivers,  appointed  by  any  court  whatsoever,  holding, 
operating,  managing  or  controlling  any  street  railroad  or 
any  cars  or  other  equipment  used  thereon  or  in  connection 
therewith. 

Common  carrier.  The  term  "common  carrier,"  when 
used  ill  this  Act,  Inclu  .  •  all  railroad  corporations,  street 
railroad  corporations,  express  companies,  car  companies, 
slopnine  oftr  poTnnnnipK.  frpieht  cnmnaTiies.  freifrlit  line 
companies,  steamboat,  power-boat  and  vessel-boat  and  ferry 
companies,  canal  companies,  and  all  persons  and  associa- 
tions of  persons,  whether  incorporated  or  not,  operating 
such  agencies  for  public  use  in  the  conveyance  of  persons 
or  property  within  this  State,  by  land  or  by  water,  or 
by  both. 

Oas  corporation.  The  term  "gas  corporation,"  when 
used  in  this  Act,  includes  every  corporation,  company,  as- 
sociation, joint  stock  company  or  association,  partnership 
and  person,  their  lessees,  trustees  or  receivers  appointed 
by  any  court  whatsoever,  owning,  operating,  managing  or 
controlling  any  plant  or  propertj'  for  manufacturing  and 
distributing  and  selling  for  distribution  or  selling  or  cls- 
tributing  illuminating  gas  (natural  or  artificial  or  man- 
ufactured, and  wheresoever  and  howsoever  derived  or  ob- 
tained) for  light,  heat,  fuel  or  power,  or  for  any  public  vse 
whatsoever. 

Electrical  corporation.  The  term  "electrical  corpora- 
tion," when  used  in  this  Act,  includes  every  corporation, 
company,  association,  joint  stock  company  or  associati(m, 
partnership  and  person,  their  lessees,  trustees  or  receivers, 
appointed  by  any  court  whatsoever,  (other  than  a  railrcad 
or  a  street  railroad  corporation  generating  electricity  or 
its  own  use  solely  and  exclusively),  owning,  operating, 
managing  or  controlling  any  plant  or  property,  including 
any  water  plant,  or  water  property,  or  water  falls,  or 
dam,  or  water  power  station,  for  generating  and  distiib- 
uting,  or  generating  and  selling  for  distribution,  or  selliag 
or  distributing  electricity  for  light,  heat  or  power,  or  :  or 
the  transmission  of  electric  current  for  such  purposes,  or 
for  any  public  use  whatsoever. 

Gas  plant.  The  term  "gas  plant,"  when  used  in  t  lis 
chapter,  includes  boilers,  water  gas  sets,  retorts,  ci  n- 
densers,  scrubbers,  purifiers,  holders,  mains,  pipes,  se  v- 
ices,  pipe  galleries,  meters,  buildings,  real  estate,  ea  ie- 
ments,  lamps,  materials,  apparatus,  devices  and  prope  ty 
of  every  kind  operated,  controlled,  owned,  used  or  to  be 
used  for  or  in  connection  with,  or  to  facilitate  the  manu- 
facture, distribution,  sale  or  furnishing  of  gas  (natural  or 
manufactured)  for  light,  heat  or  power. 

Electric  plant.  The  term  "electric  plant,"  when  used  In 
this  chapter,  includes  (1)  engines,  boilers,  dynamos,  g  ^n- 
erators,  storage  batteries,  converters,  motors,  transformc  rs, 
cables,  wires,  services,  poles,  lamps,  meters,  real  estc  te, 
easements,  materials,  apparatus,  devices  and  property  of 
every  kind  operated,  controlled,  owned,  used,  or  to  be 
used,  for  or  in  connection  with,  or  to  facilitate  the  g  n- 
eration,  transmission,  distribution,  sale  or  furnishing  of 
electricity  for  light,  heat  or  power;  and  (2)  any  condu  ts, 
ducts  or  other  devices,  materials,  apparatus  or  property  or 
containing,  holding  or  carrying  electrical  conductors  u:  ed 
or  to  be  used,  wholly  or  in  part,  for  the  transmission  of 
electricity  for  light,  heat  or  power. 

Transportation  of  property  or  freight.  The  term  "trs  iis- 
portation  of  property  or  freight,"  when  used  in  this  A  ct, 
includes  any  service  in  connection  with  the  receiving,  de- 
livering, elevation,  transfer  in  transit,  ventilation,  refig- 
eration,  icing,  storage  and  handling  of  the  property  on 
freight  transported.  jflj 

Telephone  company.  The  term  "telephone  compa|H 
when  used  in  this  Act,  includes  every  corporation,  ct!aK 
pany,  association,  joint  stock  company  or  association,  part- 
nership and  person,  their  lessees,  trustees  or  receivars 
appointed  by  any  court  whatsoever,  owning,  operating, 
managing  or  controlling  any  plant,  wires,  poles  or  piop- 
erty,  for  the  reception,  transmission  or  communication  of 
messages  by  telephone  or  telephonic  apparatus  or  ins:ru- 
ments,  or  which  licenses,  lets  or  permits  telephonic  com- 
munication for  hire. 

Telegraph  company.  The  term  "telegraph  company," 
when  used  in  this  Act,  includes  every  corporation,  com- 
pany, association,  joint  stock  company  or  association,  part- 
nership and  person,  their  lessees,  trustees  or  receivers  ap- 


Public  Service  Laws 


641 


pointed  by  any  court  whatsoever,  owning,  operating,  man- 
aging or  controlling  any  plant,  wires,  poles  or  property 
for  the  purposes  of  communication  or  of  transmitting  or 
receiving  messages  by  telegraph,  or  by  any  telegraphic 
apparatus  or  instrument,  or  which  licenses,  lets  or  per- 
mits telegraphic  communication  for  hire. 

Telephone  lines.  The  term  "telephone  lines,"  when  used 
in  this  Act,  includes  the  system,  or  any  part  of  the  sys- 
tem of  poles,  wires,  crossbars,  receivers,  transmitters,  in- 
struments, machines,  appliances,  real  estate,  easements, 
apparatus,  appurtenances  and  property  used,  operated,  con- 
trolled or  owned  by  or  in  connection  with  the  business  of 
any  telephone  company. 

Telegraph  lines.  The  term  "telegraph  lines,"  when  used 
in  this  Act,  includes  the  system,  or  any  part  of  the  system 
of  poles,  wires,  crossbars,  instruments,  machines,  appli- 
ances, real  estate,  easements,  appurtenances,  apparatus 
and  property  used,  operated,  controlled  or  owned  by  or  in 
connection  with  the  business  of  any  telegraph  company. 

Water  company.  The  term  "water  company,"  when  used 
in  this  Act,  includes  every  corporation,  company,  associa- 
tion, joint  stock  company  or  association,  partnership  and 
person,  their  lessees,  trustees  or  receivers  appointed  by 
any  court  whatsoever,  owning,  operating,  managing  or  con- 
trolling any  plant  or  property,  dam  or  water  supply,  canal, 
or  power  station,  distributing  or  selling  for  distribution, 
or  selling  or  supplying  for  gain  any  water. 

Heat  or  refrigerating  corporations.  The  term  "heat  or 
refrigerating  corporations,"  when  used  in  this  Act,  includes 
every  corporation,  company,  association,  joint  stock  com- 
pany or  association,  partnership  and  person,  their  lessees, 
trustees  or  receivers  appointed  by  any  court  whatsoever, 
owning,  operating,  managing  or  controlling  any  plant  or 
property  for  manufacturing  and  distributing  and  selling 
for  distribution,  or  distributing  hot  or  cold  water,  steam  or 
currents  of  hot  or  cold  air  for  motive  power,  heating, 
cooking,  refrigeration,  or  for  any  public  use  or  service  in 
any  city,  town  or  village  in  this  State. 

COMMISSION     ESTABLISHED,'   APPOINTMENT,     TERMS     OF     OFFICE, 
SALARIES,   BEMOVALS,   ETC. 

And  be  it  further  enacted  by  the  general  assembly  of  Mary- 
land : 

Commission  created.  §  2.  That  there  shall  be  a  public 
service  commission,  and  the  same  Is  hereby  created  and 
established,  which  said  public  service  commission  shall 
be  vested  with  and  possessed  of  the  powers  and  duties  in 
this  Act  specified,  and  also  all  powers  necessary  or  proper 
to  enable  it  to  carry  out  fully  and  effectually  all  the  pur- 
poses of  this  Act. 

Three  members — Chairman.  The  said  public  service 
commission  shall  consist  of  three  members,  all  of  whom 
shall  be  appointed  by  the  governor,  and  one  of  whom 
shall  be  designated  by  the  governor  to  be  and,  upon  being 
so  designated,  shall  be  the  chairman  of  said  commission. 

Qualifications.  Each  commissioner,  at  the  time  of  his 
appointment  and  qualification,  shall  be  a  resident  of  the 
State  of  Maryland,  and  shall  have  resided  in  said  State 
for  a  period  of  at  least  five  years  next  preceding  his 
appointment  and  qualification,  and  he  shall  also  be  a  qual- 
ified voter  therein  and  not  less  than  25  years  of  age. 

Terms  of  office — Governor  to  designate  initial  terms  and 
chairman.  One  of  said  commissioners  shall  hold  office  for 
two  years  from  the  beginning  of  his  term  of  office  and 
until  his  successor  shall  qualify;  one  of  said  commission- 
ers shall  hold  office  for  four  years  from  the  beginning  of 
his  term  of  office  and  until  his  successor  shall  qualify; 
and  one  of  said  commissioners  shall  hold  office  for  six 
years  from  the  beginning  of  his  term  of  office  and  until 
his  successor  shall  qualify.  The  term  of  office  of  each 
commissioner  shall  begin  on  the  first  Monday  of  May,  in 
the  year  1910,  and  the  appointment  of  each  of  said  com- 
missioners shall  be  made  and  announced  by  the  governor 
not  less  than  10  days  before  said  first  Monday  of  May, 
1910.  The  governor  at  the  time  of  making  and  announc- 
ing the  appointment  of  said  three  commissioners,  as  well 
as  in  the  commission  issued  by  him  to  each  of  them,  shall 
designate  which  of  said  commissioners  shall  serve  for  the 
term  of  two  years,  and  which  shall  serve  for  the  term  of 
four  years,  and  which  shall  serve  for  the  term  of  six  years, 
as  aforesaid,  and  also  which  shall  be  the  chairman  of  said 
oommission. 


Vacancies.  Upon  the  expiration  of  each  of  said  terms, 
the  term  of  office  of  each  commissioner  thereafter  ap- 
pointed shall  be  six  years  from  the  time  of  his  appoint- 
ment and  qualification  and  until  his  successor  shall  qualify. 
Vacancies  in  said  commission  shall  be  filled  by  the  gov- 
ernor for  the  unexpired  term.  Each  commissioner  shall  be 
eligible  for  reappointment,  in  the  discretion  of  the  governor. 

In  case  six-year  term  unconstitutional.  In  the  event 
that  the  term  of  office  above  ascertained  and  prescribed 
for  each  of  said  commissioners,  or  the  term  of  office 
hereinafter  prescribed  for  the  general  counsel,  shall 
in  respect  to  any  of  said  commissioners  or  the  general 
counsel  be  held  and  decided  by  the  courts,  and  partic- 
ularly by  the  Court  of  Appeals  of  Maryland,  to  be  in  ex- 
cess of  the  period  or  term  of  office  allowed  or  permitted 
by  the  constitution  of  Maryland,  then,  in  such  event,  the 
term  of  office  of  each  of  said  commissioners,  or  said  gen- 
eral counsel,  shall,  and  this  Act  hereby  declares  and  de- 
termines that  the  term  of  office  of  each  of  them  shall  be 
for  the  period  of  two  years  from  and  after  the  first  Mon- 
day of  May,  in  the  year  1910  (unless  removed  from  office) 
and  until  their  successors,  respectively,  qualify  according 
to  law. 

Removal  of  commissioners  by  governor.  The  governor 
may  remove  any  commissioner  for  inefficiency,  neglect  of 
duty,  or  misconduct  in  office,  giving  to  him  a  copy  of  the 
charges  against  him  and  an  opportunity  of  being  publicly 
heard  in  person  or  by  counsel,  in  his  own  defense,  upon 
not  less  than  10  days'  notice.  If  such  commissioner  shall 
be  removed,  the  governor  shall  file  in  the  office  of  the 
secretary  of  State  a  complete  statement  of  all  charges 
made  against  such  commissioner,  and  his  findings  thereon, 
together  with  a  complete  record  of  the  proceedings. 

Salaries  of  commissioners.  The  salary  of  each  of  said 
commissioners  shall  be  $3,000  per  annum,  payable  out 
of  the  State  treasury  by  the  State  of  Maryland,  and  in 
addition  to  said  sum  of  $3,000  per  annum,  the  chairman 
of  said  commission  shall  also  receive  the  sum  of  $3,000 
per  annum,  which  shall  be  paid  out  of  Its  funds  by 
the  mayor  and  city  council  of  Baltimore  to  said  chairman 
of  said  commission  as  an  employe  of  said  municipal 
corporation,  and  each  of  the  other  two  commissioners 
shall  receive,  in  addition  to  said  $3,000  per  annum  afore- 
said, the  sum  of  $2,000  per  annum,  which  shall  be  paid 
out  of  its  funds  by  the  mayor  and  city  council  of  Balti- 
more to  each  of  said  other  two  commissioners,  as  em- 
ployes  of  said   municipal   corporation. 

General  counsel — Appointment — Removal  of  general 
counsel — Assistant  counsel.  The  governor  shall,  upon  the 
recommendation  of  the  commission  appoint  an  attorney- 
at-law  of  the  State  of  Maryland  to  be  and  act  as  the 
general  counsel  to  said  public  service  commission.  The 
term  of  office  of  said  general  counsel  shall  be  six  years 
from  the  beginning  of  his  term  of  office.  His  term  of 
office  shall  begin  on  the  first  Monday  in  May,  1910,  and 
his  appointment  shall  be  made  and  announced  by  the 
governor  not  less  than  10  days  before  said  last-mentioned 
date.  The  governor  may  remove  said  general  counsel 
for  inefficiency,  neglect  of  duty  or  misconduct  in  office, 
giving  him  a  copy  of  the  charges  against  him  and  an 
opportunity  of  being  publicly  heard  in  his  own  defense, 
upon  not  less  than  10  days'  notice.  He  shall  be  eligible 
for  reappointment  by  the  governor.  He  shall  be  allowed 
and  have  the  right  to  appoint  an  assistant,  who  shall 
be  a  member  of  the  bar  of  the  State  of  Maryland,  to  aid 
him  in  the  performance  of  his  duties,  and  said  general 
counsel  may  remove   such   assistant  at   pleasure. 

Additional  assistants — Stenographer — Salaries.  The  gov- 
ernor may,  if  at  any  time  he  deems  it  necessary,  au- 
thorize and  empower  the  general  counsel  to  ernploy 
other  attorneys-at-law  as  additional  assistants  to  said 
general  counsel  for  the  performance  of  such  extraor- 
dinary legal  services  for  or  in  behalf  of  the  public  serv- 
ice commission  at  such  special  compensation  for  such 
additional  assistants  as  the  general  counsel,  with  the 
written  approval  of  the  governor,  may  ascertain  and 
prescribe.  Said  general  counsel  may  also  employ  a 
stenographer  and  assistant  stenographers  in  connection 
with  the  work  of  his  office.  The  annual  salary  of  such 
general  counsel  shall  be  $3,000,  and  the  annual  salary  of 
the  assistant  employed  by  him  shall  be  $3,000,  and  the 
annual    salary    of    the    chief    stenographer    employed    by 


642 


National  Association  of  Eailway  Commissionebs 


him  shall  be  $1,500;  the  salary  of  each  of  the  other 
stenographers  employed  by  the  general  counsel  shall  be 
ascertained  in  the  manner  herein  prescribed  for  the 
ascertainment  of  the  compensation  or  salary  of  the 
general   employes   of  the   commission. 

Compensation  from  Baltimore  City  to  general  counsel. 
The  general  counsel  shall  also  receive,  as  additional 
compensation,  the  sum  ot  $1,800  per  annum,  which  shall 
be  paid  out  of  its  funds  by  the  mayor  and  city  council 
of  Baltimore  to  said  general  counsel,  as  an  employe  of 
said  municipal  corporation. 

Duty  of  Baltimore  City  as  to  salaries.  It  shall  be  the 
duty  of  the  mayor  and  city  council  of  Baltimore,  and 
it  is  hereby  directed  and  required  to  pay  out  of  its  funds 
the  salaries  and  compensations  provided  and  prescribed 
by  this  Act  to  be  paid  by  it,  and  it  shall  pay  said  salaries 
and  compensations  to  the  said  several  commissioners 
and  general  counsel  of  said  commission  in  monthly  in- 
stallments, payable  at  the  same  time  and  in  the  same 
manner  in  all  respects  as  the  salary  and  compensation 
of  the  mayor  of  said  municipal  corporation  is  paid  to 
him   by  it. 

Secretary — Duties.  The  said  commission  shall  have  a 
secretary,  to  be  appointed  by  it  and  to  hold  office  at 
its  pleasure.  It  shall  be  the  duty  of  the  secretary  to 
keep  a  full  and  true  record  of  all  the  proceedings  of 
the  commission,  of  all  books,  maps,  documents  and 
papers  ordered  filed  by  the  commission,  and  of  all  orders 
made  by  each  of  the  commissioners,  and  of  all  orders 
made  by  the  commission  or  approved  and  confirmed  by 
it  and  ordered  filed,  and  he  shall  be  responsible  to  it  for 
the  safe  custody  and  preservation  of  all  such  documents 
at  its  office.  Under  the  direction  of  the  commission,  the 
secretary  shall  have  general  charge  of  its  office,  super- 
intend the  clerical  business  and  perform  such  other 
duties  as  the  commission  may  prescribe.  He  shall  have 
power  and  authority  to  administer  oaths  in  all  parts 
whatsoever  of  the  State,  so  far  as  the  exercise  of  such 
power  is  properly  incidental  to  the  performance  of  his 
duties  or  that  of  the  commission.  The  secretary  shall 
designate  from  time  to  time  one  of  the  clerks  appointed 
by  the  commission  to  perform  the  duties  of  secretary 
during  his  absence,  and  during  such  time  the  clerk  so 
designated  shall,  at  the  office,  possess  the  powers  of 
the  secretary  of  the  commission.  The  annual  salary  of 
the  secretary  shall  be  $3,000. 

Offlcers  and  employes — Appointment.  The  commission 
shall  have  the  power,  subject  to  the  approval  in  writing 
by  the  governor,  in  each  and  every  instance,  to  employ 
such  officers,  clerks,  stenographers,  typewriters,  inspec- 
tors, experts  and  employes  as  it  may  deem  necessary  to 
carry  out  the  provisions  ot  this  Act  or  to  perform  the 
duties  and  exercise  the  powers  conferred  by  law  upon 
the  commission;  no  person,  however,  shall  be  appointed 
or  employed  by  the  commission  in  any  position  whatso- 
ever, unless  the  commission  shall  certify  to  the  governor 
that  it  deems  such  appointment  or  employment,  and  the 
compensation  or  annual  salary  which  it  proposes  shall 
be  paid  in  each  instance,  actually  necessary  for  carrying 
out  the  purposes  and  requirements  of  this  Act,  and  unless 
the  governor  shall  thereupon  approve  in  writing  such 
appointment  or  employment,  and  such  compensation  or 
annual  salary  or  salaries.  If  in  any  case  the  commis- 
sion cannot  ascertain  in  advance  the  value  of  any  service 
to  be  rendered  to  it  or  the  proper  compensation  to  be 
paid  therefor,  it  shall  certify  such  fact  to  the  governor, 
who  may  authorize  the  employment  or  acquisition  of  the 
service  in  question,  leaving  the  value  or  compensation 
thereof  to  be  ascertained  by  subsequent  agreement  or 
adjustment. 

Oath  of  office — EUgihility — Official  relation  to  corpora- 
tions— Ownership  of  stocks  and  honds.  Each  commissioner 
and  each  person  appointed  to  office  or  employment  by 
the  governor  or  by  the  commission,  with  the  approval 
of  the  governor,  or  by  the  general  counsel  to  the  com- 
mission, shall,  before  entering  upon  the  duties  of  his 
office  or  employment,  take  and  subscribe  to  the  con- 
stitutional oath  of  office.  No  person  shall  be  eligible  for 
appointment  or  shall  hold  the  office  of  commissioner,  or 
be  appointed  by  the  commission,  or  by  the  general 
counsel  to  the  commission  to  or  hold  any  office  or  posi- 


tion under  the  commission,  who  holds  any  official  rela- 
tion to  any  common  carrier,  railroad  corporation,  street 
railroad  corporation,  gas  corporation,  electrical  corpora- 
tion, telephone  corporation,  telegraph  corporation,  water 
company,  heat  and  refrigerating  company,  transportation 
of  property  or  freight  company,  or  other  public  service 
corporation,  subject  to  any  of  the  provisions  of  this  Act, 
or  who  owns  stocks  or  bonds  therein,  or  who  has  any 
pecuniary  interest  therein. 

JURISDICTION   OF  THE   COMMISSION. 

And  6e  it  further  enacted  hy  the  general  assembly: 

Jurisdiction.  %  3.  That  the  jurisdiction,  supervision, 
powers  and  duties  of  the  public  service  commission 
herein  created  and  established  shall  extend  under  this 
Act: 

Railroads  and  street  railroads.  1.  To  railroads  and 
street  railroads  lying  within  this  State,  and  to  the  per- 
son or  corporation  owning,  leasing,  operating  or  con- 
trolling the  same. 

Street  railroads  in  cities  and  toions.  2.  To  street  rail- 
roads, any  portion  of  whose  lines  lie  within  any  incor- 
porated city  or  town  within  this  State,  containing  not 
less  than  2,000  inhabitants,  and  to  all  transportation 
of  persons  or  property  thereon,  and  to  the  person  or 
corporation  owning,  operating,  controlling  or  leasing  the 
said  street   railroads. 

Other  railroads  within  State.  3.  To  such  portion  of  t  le 
lines  of  any  other  railroad  as  lie  within  this  State,  and 
to  the  person  or  corporation  owning,  leasing,  operating 
or  controlling  the  same,  so  far  as  concerns  the  construc- 
tion, maintenance,  equipment,  terminal  facilities  aid 
local  transportation  facilities  and  local  transportation  )f 
persons  or  property  within  the  State. 

Common  carriers.  4.  To  any  common  carrier  operatiiig 
or  doing  business  within  the  State. 

Gas  and  electricity.  5.  To  the  manufacture,  sale  or  d  s- 
tributioii  of  gas,  natural  or  artificial,  and  electricity  f  }r 
light,  heat  and  power,  within  the  State  of  Marylan  1, 
and  to  the  persons  or  corporation  owning,  leasing,  open  f- 
ing  or  controlling  the  same,  and  to  gas  and  electr  c 
plants,  and  to  persons  or  corporations  owning,  operatin-?, 
leasing  or  controlling  the  same. 

Telephone  and  telegraph  lines.  6.  To  all  telephone  lin(  .s, 
as  above  defined,  and  all  telegraph  lines,  as  above  6 '■ 
fined,  and  to  every  telephone  company,  and  to  every  te  o- 
graph  company,  so  far  as  said  telephone  and  telegraph  lin  ;<? 
are  and  lie,  and  so  far  as  said  telephone  companies  and  sa  d 
telegraph  companies  conduct  and  operate  such  Ifne  or  llm  s, 
respectively,  within  this  State. 

Water  companies.  7.  To  all  water  companies  and  to  t  le 
land,  property,  dams,  water  supplies,  canals  or  power  si  a- 
tions  thereof  and  the  operation  of  the  same  within  tt  is 
State. 

Transportation.    8.    To  all  persons,  corporations  or  pa  t- 
nerships    engaged    in. the   "transportation    of   property,: 
freight,"  as  above  defined,  within  this  State. 

Generally.    9.    To  all  corporations  and  persons  whafl 
ever    subject    to    the    provisions    of   this    Act    as    here  is" 
defined. 

Other  matters.  And  to  such  other  and  further  exteat, 
and  to  all  such  other  and  additional  matters  and  thinj  s, 
and  in  such  further  respects  as  may  herein  appear,  eithar 
expressly   or    impliedly. 


aflfll 


\i 


PLACE    OF    OFFICE — ORG.\NIZATION — HEARINGS. 

And  6e  it  further  enacted: 

Principal  office — Stated  meetings— Seal.  §  4.  That  ttie 
principal  office  of  the  commission  shall  be  in  the  city  of 
Baltimore,  at  such  place  therein  as  said  commission  shill 
select  and  determine  from  time  to  time.  The  commis- 
sion shall  hold  stated  meetings  at  least  once  a  weak 
during  the  year  at  its  office.  The  commission  shall  have 
an  official  seal,  which  shall  be  prepared  and  furnished  by 
the  secretary  of  State.  The  officers  of  the  commission 
shall  be  supplied  with  all  necessary  books,  maps,  charts, 
stationery,  office  furniture,  telephone  and  telegraph  con- 
nections, and  all  other  necessary  appliances  and  In- 
cidentals, to  be  paid  for  in  the  same  manner  as  other 
expenses  authorized  by  this  Act. 


PrjiLic  Service  Laws 


G43 


Offices  open  S  a.  m.  to  9  p.  m. — Quorum — Right  of  one 
commissioner  to  investigate — Approval  of  his  findings.  The 
offices  of  said  commission  shall  be  open  for  business 
between  the  hours  of  8  o'clock  in  the  morning  and  9 
o'clock  at  night  every  day  in  the  year,  and  one  or  more 
responsible  persons,  to  be  designated  by  the  commission 
or  by  the  secretary,  under  the  direction  of  the  commis- 
sion, shall  be  on  duty  at  all  times  in  immediate  charge 
thereof. 

The  commission  shall  promptly  and  duly  organize.  A 
majority  of  the  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  any  business,  for  the  performance 
of  any  duty,  or  for  the  exercise  of  any  power  of  the  com- 
mission, and  may  hold  meetings  of  the  commission  at 
any  time  and  place  within  the  State.  Any  investigation, 
inquiry  or  hearing  which  the  commission  has  power  to 
undertake  or  hold,  may  be  undertaken  or  held  by  or 
before  any  one  of  said  commissioners,  upon  condition, 
however,  that  such  commissioner  shall  have  first  been 
authorized  by  the  commission  to  undertake  to  hold  such 
investigation,  inquiry  or  hearing,  and  all  investigations, 
inquiries  or  hearings  of  or  by  a  commissioner  shall  be 
and  be  deemed  to  be  the  Investigations,  Inquiries  and 
hearings  of  the  commission;  provided,  however,  that  each 
and  all  decisions  of  a  commissioner,  upon  any  such  in- 
vestigation, inquiry  or  hearing,  undertaken  and  held  by 
him,  shall  not  become  and  be  effective  until  approved 
and  confirmed  by  the  commission  itself,  and  ordered  by 
the  commission  to  be  filed  In  its  office,  and,  upon  such 
confirmation  and  order  by  the  commission,  such  decision 
shall  be  and  be  deemed  to  be  the  decision  and  order  of 
the   commission. 

PAYMENT    OF    SALARIES. 

And  be  it  further  enacted: 

Salaries  paid  inonthly — Traveling  expanses.  §  5.  That 
the  salaries  of  the  commissioners,  the  general  counsel 
Of  the  commission,  the  assistant  to  the  general  counsel, 
the  stenographer  to  the  general  counsel  and  the  secretary 
of  the  commission,  shall  be  paid  monthly  by  the  State 
treasurer  upon  the  warrant  of  the  comptroller  of  the 
treasury,  out  of  the  funds  provided  therefor.  The  com- 
missioners, general  counsel  to  the  commission  and  his 
assistant,  the  stenographer  to  the  general  counsel,  the 
secretary  to  the  commission  and  its  officers  and  clerks, 
inspectors,  experts  and  other  employes  shall  have  re- 
imbursed to  them,  by  the  State  treasurer,  upon  the  war- 
rant of  the  comptroller,  all  actual  and  necessary  traveling 
and  other  expenses  and  disbursements  incurred  or  made 
by  them  in  the  discharge  of  their  official  duties.  The 
salaries  or  compensation  of  all  other  officers,  clerks, 
inspectors,  members  and  employes  of  the  commission, 
and  all  persons  appointed  by  the  general  counsel  to  the 
commission,  shall  be  fixed  by  the  commission,  subject 
to  the  written  approval  in  every  case  of  the  governor. 

Annual  appropriation — Hotc  payable.  The  sum  of  $75,- 
000  annually  or  so  much  thereof  as  may  be  necessary 
annually  for  the  maintenance  of  said  commission  and 
th»  payment  of  the  salaries  of  the  commissioners,  the 
general  counsel,  assistant  counsel,  secretary,  stenographer, 
clerks,  inspectors  and  all  other  employes  whatsoever  of 
the  commission,  and  for  investigations  and  hearings  and 
all  its  necessary  and  incidental  expenses,  is  hereby  ap- 
propriated, and  shall  be  payable  on  the  order  or  orders 
of  said  commission,  drawn  upon  the  comptroller  at 
monthly  intervals  and  at  such  other  times  as  the  com- 
mission may  deem  necessary,  and  upon  such  order  or 
orders  of  the  commission,  the  comptroller  shall  draw 
his:  warrant  upon  the  treasurer  of  the  State,  at  the  end 
of  each  month,  and  at  such  other  times  as  the  commis- 
sion may  deem  necessary,  as  aforesaid,  for  such  amounts 
as  the  said  commission  may  certify  to  be  due  and  pay- 
able for  all  the  said  salaries,  costs  and  expenses  of  the 
said  commission,  as  aforesaid,  not  exceeding,  however, 
the  amount  herein   appropriated  therefor. 

COtTNSEr,   OF   THE   OOMMISKIOX — DUTIES. 

And  be  it  further  enacted: 

General  counsel— Duties.  §  6.  That  it  shall  be  the  duty 
of  the  general  counsel  of  the  commission  to  represent 
and  appear  for  the  commission  in  all  actions  and  pro- 
ceedings involving  any  question  under  this  Act,  or  under 
or   in   reference   to   any   Act,   order   or   proceeding   of   the 


commission,  and,  if  directed  to  do  so  by  the  commission, 
to  intervene,  if  possible,  in  any  action  or  proceeding 
in  which  any  such  question  is  involved;  to  commence 
and  prosecute  all^  actions  and  proceedings  directed  or 
authorized  by  the'  commission,  and  to  expedite,  in  every 
way  possible,  final  determination  of  all  such  actions  and 
proceedings;  to  advise  the  commission  and  each  com- 
missioner, when  so  requested,  in  regard  to  all  matters 
in  connection  with  the  powers  and  duties  of  the  com- 
mission and  of  the  members  thereof,  and  generally  to 
perform  all  duties  and  services  as  attorney  and  counsel 
to  the  commission  which  the  commission  may  reasonably 
require  of  him. 

Assistant  counsel.  The  assistant,  or  assistants,  appointed 
by  the  general  counsel  shall  perform  such  duties  as  the 
general  counsel  may  prescribe. 

Actions  under  this  Act  to  have  precedence.  All  actions 
and  proceedings  under  this  Act,  and  all  actions  and 
proceedings  commenced  and  prosecuted  by  order  of  the 
commission,  and  all  actions  and  proceedings  to  which 
the  commission  may  be  a  party  and  in  which  any  ques- 
tion arises  under  this  Act,  or  under  or  concerning  any 
order  or  action  of  the  commission,  shall  be  preferred 
over  all  other  civil  causes,  except  election  causes,  in 
all  the  courts  of  the  State  of  Maryland,  and  shall  be 
heard  and  determined  in  preference  to  all  other  civil 
business  pending  therein,  excepting  election  causes,  irre- 
spective of  position  on  the  dockets  of  said  courts.  The 
same  preference  shall  be  granted  upon'  application  of 
the  general  counsel  to  the  commission,  or  his  assistant, 
in  any  action  or  proceedings  in  which  the  general  counsel 
or  his   assistant  may   be   allowed  to  intervene. 

CEKTAIN  ACTS  PROHIBITED GROUNDS  FOB  UE.MOVAL. 

And  be  it  further  enacted: 

Acts  forbidden  to  commissioners  and  employes — Recom- 
mending appointments  to  corporation — Appointments  of- 
fered by  corporations,  etc.  §  7.  That  every  commissioner, 
the  general  counsel  to  the  commission,  the  secretary  of 
the  commission  and  every  person  employed  or  appointed 
to  office  under,  in  the  service  of  or  in  connection  with 
the  said  commission,  is  hereby  forbidden  and  prohibited 
to  solicit,  suggest,  request,  or  recommend,  directly  or 
indirectly,  to  any  common  carrier,  railroad  corporation, 
street  railroad  corporation,  gas  company,  electric  light 
company,  telephone  company,  telegraph  company,  water 
company  and  refrigerating  company,  or  any  other  com- 
pany or  corporation  subject  to  this  Act,  or  to  any  of  the 
provisions  thereof,  or  to  any  officer,  attorney,  agent  or 
employe  thereof,  the  appointment  of  any  person  to  any 
office,  place,  position  or  appointment.  And  every  com- 
mon carrier,  railroad  corporation,  street  railroad  corpora- 
tion, gas  corporation,  electrical  corporation,  telephone 
company,  telegraph  company,  water  company  and  all 
other  companies  or  corporations  subject  to  this  Act  or 
any  of  the  provisions  thereof,  and  every  officer,  attorney, 
agent  and  employe  thereof  is  hereby  forbidden  and  pro- 
hibited to  offer  to  any  commissioner,  general  counsel  to 
the  commission,  to  the  secretary  thereof,  or  to  any 
person  employed  by  the  commission  or  by  the  general 
counsel  of  the  commission,  any  office,  place,  appointment 
or  position,  or  to  offer  to  give  to  any  commissicner,  to 
tho  general  counsel  to  the  commission,  to  his  assistant, 
to  the  secretary  thereof  or  to  any  officer  employed  or 
api)ointed  to  office,  or  to  any  person  employed  in  the 
service  of  the  commission  or  in  connection  with  the 
work  of  said  commission,  any  free  pass,  or  transporta- 
tion or  any  reduction  in  fares,  to  which  the  public  gen- 
erally are  not  entitled,  or  any  free  carriage  for  freight 
or  property,  or  any  present,  gift  or  gratuity  of  any  kind. 
If  any  commissioner,  general  counsel  to  the  commission, 
the  secretary  thereof,  or  any  person  employed  or  ap- 
pointed to  office  or  in  the  service  of  the  commission 
shall  violate  any  provision  of  this  Act,  the  governor 
shall  remove  him  from  the  office  held  by  him.  No  com- 
missioner and  no  employe  or  official  engaged  in  the 
service  of  or  in  any  manner  connected  with  the  said 
commission  shall  hold  any  office  or  position,  or  be  en- 
gaged in  any  business  or  avocation,  the  duties  of  which 
are  Incompatible  with  the  duties  of  his  office  or  employment 
as  commissioner,  or  in  the  service  of  or  in  connection  with 
the  work  of  the  said  commission. 


644 


National  Association  of  Eailway  Commissioners 


BECOBDS  AND  INFORMATION  OF  COMMISSION  TO  BE  PUBLIC — FEES 
AND  CHABGES. 

And  6e  it  further  enacted: 

Records  public— Annual  report.  %  8.  •  That  all  proceed- 
ings of  the  commission,  and  all  documents  and  records  in 
its  possession,  shall  be  public  records,  and  the  commission 
shall  make  an  annual  report  to  the  governor  and  to  the 
general  assembly,  on  or  before  the  second  Monday  of 
January  in  each  year,  which  shall  contain  copies  of  all 
orders  passed  and  issued  by  it,  and  any  information  in  the 
possession  of  the  commission  which  it  shall  deem  of  value 
to  the  legislature  and  the  people  of  the  State. 

Records,  etc.,  open  to  inspection — But  facts  may  be  ivith- 
held  for  90  days.  All  facts  and  Information  in  the  posses- 
sion of  the  commission  shall  be  public,  and  all  reports, 
records,  files,  books,  accounts,  papers  and  memoranda  of 
every  nature  whatsoever  in  their  possession,  shall  be  open 
to  inspection  by  the  public  at  all  reasonable  times;  pro- 
vided, however,  that  whenever  the  commission  shall  de- 
termine it  shall  be  necessary  in  the  interests  of  the  public 
to  withhold  from  the  public  any  facts  or  information  in 
its  possession,  such  facts  may  be  withheld  for  such  period 
after  the  acquisition  thereof  not  exceeding  90  days,  as  the 
commission  may  determine.  No  facts  or  information  shall 
be  withheld  by  the  commission  from  the  public  for  a  longer 
period  than  90  days,  nor  be  so  withheld  for  any  reason 
whatsoever  other  than  in  the  interest  of  the  public. 

Copies  as  evidence.  Copies  of  all  official  documents  and 
orders  filed  or  deposited  according  to  law  in  the  office  of 
the  commission,  certified  by  the  commission  or  by  the 
secretary  of  the  commission,  to  be  true  copies  of  the  orig- 
inals, under  the  official  seal  of  the  commission,  shall  be 
evidence  In  like  manner  as  the  originals. 

Fees  for  copies.  The  commission  shall  charge  and  col- 
lect the  following  fees:  For  copies  of  papers  and  records 
not  required  to  be  certified  or  otherwise  authenticated  by 
the  commission,  10  cents  for  each  folio,  for  certified  copies 
of  official  documents  and  orders  filed  in  its  office,  15  cents 
for  each  folio,  and  $1  for  every  certificate  under  seal 
affixed  thereto;  for  certifying  a  copy  of  any  report  made 
by  any  corporation  to  the  commission,  $2;  for  each  certi- 
fied copy  of  the  annual  report  of  the  commission,  $1.50; 
for  certified  copies  of  all  evidence  and  proceedings  taken 
before  the  commission,  20  cents  for  each  folio.  No  fee 
shall  be  charged  or  collected  for  copies  of  papers,  records 
or  official  documents  furnished  to  public  officers  for  use  in 
their  official  capacity,  or  for  the  annual  reports  of  the 
commission  in  the  ordinary  course  of  distribution.  All 
fees  charged  and  collected  by  the  commission  shall  belong 
to  the  State  of  Maryland  and  shall  be  paid  monthly,  ac- 
companied by  a  detailed  statement  thereof,  into  the  treas- 
ury of  the  State,  and  become  part  of  the  general  funds  of 
the  State;  provided,  however,  that  one-fourth  of  all  such 
fees  charged  and  collected,  as  aforesaid,  shall  be  paid  to 
the  mayor  and  city  council  of  Baltimore. 

ATTENDANCE  OF  WITNESSES   TESTIFYING. 

And  he  it  further  enacted: 

Subpcenas  for  witnesses — Fees  of  witnesses.  §  9.  That 
all  subpoenas  shall  be  signed  and  issued  by  the  commis- 
sioners or  by  the  secretary  of  the  commission,  and  may  be 
served  by  any  person  of  full  age.  The  fees  of  witnesses 
required  to  attend  before  the  commission  or  a  commis- 
sioner shall,  where  the  hearing  is  in  Baltimore  city,  be 
the  same  as  allowed  by  the  courts  of  Baltimore  city  for  the 
attendance  of  witnesses  in  cases  before  them,  and  where 
the  hearing  is  in  any  of  the  counties,  shall  be  the  same  as 
allowed  by  the  Circuit  Court  of  the  county  in  which  the 
hearing  takes  place,  for  attendance  of  witnesses  before  it, 
and  the  disbursements  made  in  the  payment  of  such  fees 
shall  be  duly  audited  in  accordance  with  a  due  and  satis- 
factory method  of  auditing  and  bookkeeping,  and  shall  be 
included  in  and  paid  in  the  same  manner  as  is  provided  for 
the  payment  of  other  expenses  of  the  commission.  It  shall 
be  the  duty  of  every  public  officer,  without  exacting  or  re- 
ceiving charge  or  fee  of  any  kind,  to  furnish  to  the  com- 
mission, upon  its  application,  a  certified  copy  of  any  docu- 
ment, or  part  thereof,  on  file  in  his  office,  and  no  public 
officer  shall  be  entitled  to  receive  from  the  commission  any 
fee  for  entering,  filing,  docketing  or  recording  any  docu- 
ment required  or  authorized  by  law  to  be  filed  in  his  office. 

Witness  refusing  to  attend,  answer,  etc.  If  a  person 
Bubpcenaed  to  attend  before  the  commission  or  commis- 


sioner fail  to  obey  the  command  of  such  subpoena  without 
reasonable  cause,  or  if  a  person  in  attendance  before  the 
commission  or  a  commissioner  shall,  without  a  reasonable 
cause,  refuse  to  be  sworn  or  to  be  examined,  or  answer 
a  question,  or  to  produce  a  book  or  paper  when  ordered 
to  do  so  by  the  commission  or  a  commissioner,  or  to  sub- 
scribe or  swear  to  his  disposition  after  it  has  been  cor- 
rectly produced  in  writing,  he  shall  be  guilty  of  a  mis- 
demeanor and  may  be  prosecuted  therefor  in  any  court  of 
competent  criminal  jurisdiction. 

Courts  may  compel  answer,  etc.  If  a  person  in  attend- 
ance before  the  commission  or  a  commissioner  refuse,  with- 
out reasonable  cause,  to  be  examined,  or  to  answer  a  legal 
and  pertinent  question,  or  to  produce  a  book  or  paper  when 
ordered  to  do  so  by  the  commission  or  commissioner,  the 
commission  or  commissioner  may  apply  to  any  judge  of  the 
supreme  bench  of  Baltimore  city  or  of  the  Circuit  Court  tor 
any  county,  upon  proof  by  affidavit  of  the  fact,  for  a  rule  or 
order  returnable  in  not  less  than  two  nor  more  than  five 
days,  directing  such  person  to  show  cause  before  the  judge 
who  made  the  order,  or  any  other  judge  aforesaid,  why 
he  should  not  be  committed  to  jail;  upon  the  return  of 
such  order,  the  judge  before  whom  the  matter  shall  cone 
on  for  a  hearing  shall  examine  under  oath  such  perscm, 
and  such  person  shall  be  given  an  opportunity  to  be  heard; 
and  if  the  judge  shall  determine  that  such  person  has  le- 
fused,  without  reasonable  cause  or  legal  excuse,  to  le 
examined  or  to  answer  a  legal  or  pertinent  question,  it 
to  produce  a  book  or  paper  which  he  was  ordered  to  bring 
or  produce,  he  may  forthwith  commit  the  offender  to  jail, 
there  to  remain  until  he  submits  to  do  the  act  which  1^ 
was  so  required  to  do,  or  is  discharged  according  to  lav 

PRACTICE   BEFORE    THE    COMMISSION. 

And  be  it  further  enacted: 

Rules  for  hearings — Not  bound  by  technical  rules  of  e ' 
dence.  §  10.  That  all  hearings  before  the  commission 
commissioner  shall  be  governed  by  rules  to  be  adopti  d 
and  prescribed  by  the  commission.  And  in  all  investiga- 
tions, inquiries  or  hearings  the  commission,  or  a  commis- 
sioner, shall  not  be  bound  by  the  technical  rules  of  e-'  i- 
dence.  No  person  shall  be  excused  from  testifying  or  fro  u 
producing  any  books  or  papers  in  any  Investigation  or  1 1- 
quiry  by  or  upon  any  hearing  before  the  commission  i  >r 
any  commissioner,  when  ordered  to  do  so  by  the  coi  i- 
mission,  upon  the  ground  that  the  testimony  or  evidenc  ;, 
books  or  documents  required  of  him  may  tend  to  Incrin  1- 
nate  him  or  subject  him  to  penalty  or  forfeiture;  but  i  o 
person  shall  be  prosecuted,  punished  or  subjected  to  ai  y 
penalty  or  forfeiture  for  or  on  account  of  any  act,  tram- 
action,  matter  or  thing  concerning  which  he  shall,  und  r 
oath  have,  by  order  of  the  commission  or  a  commisslone  r, 
testified  or  produced  documentary  evidence;  provide  1, 
however,  that  no  person  so  testifying  shall  be  exem  it 
from  prosecution  or  punishment  for  any  perjury  committi  d 
by  him  in  his  testimony.  Nothing  herein  contained  s 
intended  to  give,  or  shall  be  construed  as  in  any  niann  n- 
giving  unto  any  corporation  immunity  of  any  kind  fro  n 
the  law. 

REHEARING — SERVICE    AND    EFFECT    OF    ORDERS    OF    THE    COMM:  S-_ 

SION. 

And  be  it  further  enacted:  ,, 

Rehearing — When  granted — Rehearing  not  to  operate  _. 
a  stay — Modification  of  original  orders.  §  11.  That  after  an 
order  has  been  made  by  the  commission,  any  party  int«r- 
ested  therein  may  apply  for  a  rehearing  in  respect  to  ai  y 
matter  determined  therein,  and  the  commission  may  gra  it 
and  hold  such  a  rehearing  if,  in  its  judgment,  sufficient 
reason  therefor  be  made  to  appear;  If  a  rehearing  shfll 
be  granted,  the  same  shall  be  determined  by  the  commis- 
sion within  30  days  after  the  same  shall  be  finally  sub- 
mitted. Any  application  for  such  a  rehearing  shall  nst 
excuse  any  common  carrier,  railroad  corporation,  or  street 
railroad  corporation,  or  any  other  corporation  or  com- 
pany or  person,  subject  to  any  of  the  provisions  of  this 
Act,  from  complying  with  or  obeying  any  order,  or  any  re- 
quirements of  any  order  of  the  commission,  or  operate  in 
any  manner  to  stay  or  postpone  the  enforcement  thereof, 
except  as  the  commission  may  by  order  direct.  If,  aftsr 
such  rehearing  and  consideration  of  the  facts,  including 
those  arising  since  the  making  of  the  order,  the  commis- 
sion shall  be  of  opinion  that  the  original  order,  or  any  part 
thereof,  is  in  any  respect  unjust  or  unwarranted,  the  com- 


Public  Service  Laws 


645 


mission  may  abrogate,  change  or  modify  the  same.  An 
order  made  for  any  such  rehearing,  abrogating,  changing 
or  modifying  the  original  order  sliall  have  the  same  force 
and  effect  as  an  original  order. 

Service  of  orders — Commission  to  be  notified  of  receipt — 
And  whether  order  will  lie  obeyed.  Every  order  of  the 
commission  shall  be  served  upon  every  person  or  corpora- 
tion to  be  affected  thereby,  either  by  personal  delivery  of  a 
certified  copy  thereof,  or  by  mailing  a  certified  copy 
thereof,  in  a  sealed  package,  with  postage  prepaid,  to  the 
person  to  be  affected  thereby;  or,  in  the  case  of  a  cor- 
poration, to  any  officer  or  agent  thereof  upon  whom  sum- 
mons may  be  served  under  the  laws  of  this  State.  It 
shall  be  the  duty  of  every  person  and  corporation  to  notify 
the  commission  forthwith  in  writing  of  the  receipt  of  the 
certified  copy  of  every  order  so  served,  and  in  the  case 
of  a  corporation  such  notification  must  he  signed  and  ac- 
knowledged by  a  person  or  oflScer  duly  authorized  by  the 
corporation  to  admit  such  service.  Within  a  time  speci- 
fied in  the  order  of  the  commission  every  person  and  cor- 
poration upon  whom  it  is  served  must,  if  so  required  in 
the  order,  notify  the  commission  in  like  manner  whether 
the  terms  of  the  order  are  accepted  and  will  be  obeyed. 

Orders,  when  effective.  Every  order  of  the  commission 
shall  take  effect  at  a  time  therein  specified  and  shall  con- 
tinue in  force  for  a  period  therein  designated  unless  carrier 
modified  or  abrogated  by  the  commission  or  unless  such 
order  be  unauthorized  by  this  Act,  or  be  in  violation  of  a 
provision  of  the  constitution  of  the  State  or  of  the  United 
States. 

Court  proceedings  to  vacate  orders.  Any  company,  cor- 
poration, association,  person  or  partnership  subject  to  any 
of  the  provisions  of  this  Act,  or  other  person  or  parly  in 
interest,  shall  have  the  right  to  proceed  in  the  courts  to 
vacate,  set  aside  or  have  modified  any  order  of  said  com- 
mission on  the  grounds  that  such  order  is  unreasonable 
or  unlawful,  as  hereinafter  more  particularly  set  forth. 

APPLICABILITY. 

And  be  it  further  enacted: 

Applicability  to  transportation  and  carriers.  §  12.  That 
this  Act  shall  apply  to  the  transportation  of  passengers, 
freight  or  property  from  one  point  to  another  within  the 
State  of  Maryland,  and  to  any  common  carrier  perform- 
ing such  service;  and  this  Act  shall  be  so  applicable. and 
be  so  construed  as  to  be  free  from  conflict  with  those  pro- 
visions of  the  constitution  of  the  United  States  and  the 
laws  in  pursuance  thereof  relating  to  interstate  commerce. 

SAFE   AND   ADEQUATE    SERVICE — JUST    AND   REASONABLE    CHARGER 
EXCESSIVE    CHARGES    PROHIBITED. 

And  be  it  further  enacted: 

Safe,  adequate  and  reasonable  service — Charges.  §  13. 
That  every  corporation,  person  or  common  carrier  per- 
forming the  services  designated  in  the  preceding  sections 
shall  furnish,  with  respect  thereto,  such  service  and  facili- 
ties as  shall  be  safe  and  adequate  and  in  all  respects  just 
and  reasonable.  All  charges  made  or  demanded  by  any 
such  common  carrier  for  the  transportation  of  passengers, 
freight  or  property,  or  for  any  service  rendered  or  to  be 
rendered  in  connection  therewith,  as  defined  in  §  2  of  this 
Act,  shall  be  just  and  reasonable  and  not  more  than 
allowed  by  law  or  by  order  of  the  commission,  conform- 
ably with  the  law.  Every  unjust  or  unreasonable  charge 
made  or  demanded  for  any  such  service  or  transportation 
of  passengers,  freight  or  property,  or  in  connection  there- 
with, or  in  excess  of  that  allowed  by  law  or  by  order  of 
the  commission,  conformably  with  the  law,  is  unlawful  and 
prohibited. 

General  supervision  over  carriers — To  examine  and  keep 
informed  as  to  condition,  etc.  The  public  service  commis- 
sion herein  created  and  established  shall  have  the  general 
supervision  of  all  common  carriers,  railroads,  street  rail- 
roads, railroad  corporations  and  street  railroad  corpora- 
tions, transporting  passengers,  freight  or  property  from 
one  point  to  another  within  the  State  of  Maryland,  and 
•shall  have  power  to  and  shall  examine  the  same  or  cause 
the  same  to  be  examined  and  keep  informed  as  to  their 
general  condition,  their  capitalization,  their  franchises  and 
the  manner  in  which  their  lines,  owned,  leased,  controlled 
or  operated  and  managed,  are  conducted  or  operated  within 
this  State  both  with  respect  to  the  adequacy,  security  and 
accommodation   afforded   by   their   service,   and   also   with 


respect  to  their  compliance  with  all  provisions  of  law  and 
orders  of  the  commission. 

Ma.y  administer  oaths — Examination  of  records,  etc. — 
Subpoena  duces  tecum — Sworn  copies.  The  commissioner 
shall  have  power  and  authority  to  administer  oaths  in  all 
parts  of  the  State  to  witnesses  summoned  to  testify  in  any 
inquiry,  investigation,  hearing  or  proceeding,  and  also  to 
administer  oaths  in  all  parts  of  the  State  whenever  the 
exercise  of  such  power  is  incidentally  necessary  or  proper 
to  enable  the  commission  or  a  commissioner  to  perform  a 
duty  or  to  exercise  a  power  committed  to  it  by  this  Act. 
The  commission  and  each  commissioner  shall  have  power 
to  examine  all  books,  contracts,  records,  documents  and 
papers  of  any  corporation,  company,  association,  person  or 
partnership  subject  to  its  supervision,  in  so  far  as  they 
relate  to  the  matters  over  which  said  commission  has 
jurisdiction  and  control,  and  by  subpoena  duces  tecum  to 
compel  the  production  thereof.  In  lieu  of  requiring  produc- 
tion of  originals  by  subpoena  duces  tecum,  the  commission 
or  any  commissioner  may  require  sworn  copies  of  any 
such  books,  records,  contracts,  documents  and  papers,  or 
parts  thereof,  to  be  filed  with  it. 

SWITCH   AND   SIDE-TRACK    CONNECTIONS. 

And  be  it  further  enacted: 

Sivitch  connections  loith  lateral  roads.  §  14.  That  a 
railroad  corporation,  upon  the  application  of  any  shipper 
tendering  traffic  for  transportation,  shall  construct,  main- 
tain and  operate  upon  reasonable  terms  a  switch  connec- 
tion or  connections  with  a  lateral  line  of  railroad  or  private 
sidetrack  owned,  operated  or  controlled  by  such  shipper, 
and  shall,  upon  the  application  of  any  shipper,  provide 
upon  its  own  property  a  sidetrack  and  switch  connection 
with  its  line  of  railroad,  whenever  such  sidetrack  and 
switch  connection  is  reasonably  practicable,  can  be  put  in 
with  safety  and  the  business  therefor  is  sufl^icient  to  justify 
the  same. 

Failure  to  provide — Hearings — Commission  may  order 
connections.  If  any  railroad  corporation  shall  fail  to  install 
or  operate  any  such  switch  connection  with  a  lateral  line  or 
railroad,  or  any  such  sidetrack  and  switch  conned  ion  as 
aforesaid,  after  written  application  therefor  has  been  made 
to  it,  any  corporation  or  person  interested  may  present  the 
facts  to  the  commission  by  written  petition,  and  the  com- 
mission shall  investigate  the  matter  stated  in  such  petition, 
and  give  such  hearings  thereon  as  it  may  deem  necessary 
or  proper.  If  the  commission  be  of  the  opinion  that  it  is 
safe  and  practicable  to  have  a  connection,  substantially 
as  prayed  for,  established  or  maintained,  and  that  the  busi- 
ness to  be  done  thereon  justifies  the  construction  and  main- 
tenance thereof,  it  shall  make  an  order  directing  the  con- 
struction and  establishment  thereof,  specifying  the  reason 
able  compensation  to  be  paid  for  the  construction,  estab- 
lishment and  maintenance  thereof,  and  may  in  like  man- 
ner upon  the  application  of  the  railroad  corporation,  order 
the   discontinuance   of   such   switch   connection. 

TARIFF    SCHEDULES. 

And  be  it  further  enacted: 

Carriers  to  file  and  print  rates  —  Joint  rates — What  sched- 
ules shall  state.  S  15.  That  every  common  carrier  shall 
file  with  the  commission  having  jurisdiction,  and  shall  print 
and  keep  open  to  public  inspection,  schedules  showing  the 
rates,  fares  and  charges  for  the  transportation  of  pas- 
sengers and  property  within  the  State  between  each  point 
upon  its  route,  and  all  other  points  thereon;  and  between 
each  point  upon  its  route,  and  all  points  upon  every  route 
leased,  operated  or  controlled  by  it;  and  between  each 
point  on  its  route  or  upon  any  route  leased,  operated  or 
controlled  by  it,  and  all  points  upon  the  route  of  any  other 
common  carrier,  whenever  a  through  route  and  joint  route 
shall  have  been  established  or  ordered  between  any  two 
such  points.  If  no  joint  rate  over  the  through  route  has 
been  established,  the  several  carriers  in  such  through 
route  shall  file,  print  and  keep  open  to  public  inspection, 
as  aforesaid,  the  separately  established  rates,  fares  and 
charges  applied  to  the  through  transportation.  The 
schedules  printed  as  aforesaid  shall  plainly  state  the  places 
between  which  property  and  passengers  will  be  carried, 
and  shall  also  contain  classification  of  passengers,  freight 
or  property  in  force,  and  shall  also  state  separately  all 
terminal  charges,  storages,  icing  charges,  and  all  other 
charges  which  the  commission  may  require  to  be  stated, 
all    privileges   or   facilities   granted    or   allowed,    and    any 


646 


National  Associatiox  of  Eailway  Commissioners 


rules  or  regulations  which  may  in  any  wise  change,  affect 
or  determine  any  part  or  the  aggregate  of  such  aforesaid 
rates,  fares  and  charges,  or  the  value  of  the  service  ren- 
dered to  the  passenger,  shipper  or  consignee. 

Schedules  to  he  posted — Form  of  schedules — Changes  in 
form.  Such  schedules  shall  be  plainly  printed;  copies 
thereof  for  the  use  of  the  public  shall  be  kept  posted  in 
public  and  conspicuous  places  in  depots,  stations  and  of- 
fices of  every  common  carrier  where  passengers  or  prop- 
erty are  received  for  transportation,  in  such  manner  as  to 
be  readily  accessible  to  and  conveniently  inspected  by  the 
public  wherever  and  whenever  so  ordered  by  the  com- 
mission. The  form  of  every  such  schedule  shall  be  pre- 
scribed by  the  commission,  and  shall  conform  as  nearly 
as  possible  to  the  form  of  schedule  required  by  the  Inter- 
state Commerce  Commission  under  the  Act  of  Congress 
entitled  "An  Act  to  Regulate  Commerce,"  approved  Febru- 
ary 4,  1887,  as  amended  by  the  Act  approved  June  29, 
1906,  and  other  amendments  thereto.  The  commission  shall 
have  power,  from  time  to  time,  at  its  discretion,  to  deter- 
mine and  prescribe  by  order  such  changes  in  the  form  of 
such  schedules  as  may  be  found  expedient. 

Changes  in  rates — 30  days'  notice — Waiver  of  notice. 
Unless  the  commission  otherwise  orders,  no  change  shall 
be  made  in  any  rate,  fare  or  charge,  or  joint  rate,  fare  or 
charge,  which  shall  have  been  filed  and  published  by  a  com- 
mon carrier  in  compliance  with  the  requirements  of  this 
Act,  except  after  30  days'  notice  to  the  commission  and 
publication  for  30  days,  as  requfVed  by  §  25  of  this  Act, 
which  shall  plainly  state  the  changes  proposed  to  he  made 
in  the  schedule  then  in  force,  and  the  time  when  the 
changed  rate,  fare  or  charge  will  go  into  effect;  and  all 
proposed  changes  shall  be  shown  by  printing,  filing  and 
publishing  new  schedules,  or  shall  be  plainly  indicated 
upon  the  schedules  in  force  at  the  time  and  kept  open  to 
public  inspection.  The  commission,  for  good  cause  shown, 
may  allow  changes  in  rates  without  requiring  the  30  days' 
notice  and  publication  herein  provided  for,  by  duly  filing 
and  publishing  in  such  manner  as  it  may  direct,  an  order 
specifying  the  change  so  made  and  the  time  when  It 
shall  take  effect;  all  such  changes  shall  be  immediately 
indicated  upon  its  schedules  by  the  common  carrier. 

Acceptance  of  rates  by  other  carriers.  The  names  of  the 
several  carriers  which  are  parties  to  any  joint  tariff  shall 
be  specified  therein,  and  each  of  the  parties  thereto,  other 
than  the  one  filing  the  same,  shall,  file  with  commission 
such  evidence  of  concurrence  therein  or  acceptance  thereof 
as  may  be  required  or  approved  by  the  commission;  and 
where  such  evidence  of  concurrence  or  acceptance  is 
filed,  it  shall  not  be  necessarj'  for  the  carriers  filing  the 
same  to  also  file  copies  of  the  tariffs  in  which  they  are 
named  as  parties. 

Copies  of  contracts  to  he  filed.  Every  common  carrier 
shall  file  with  the  commission  sworn  copies  of  every  con- 
tract, agreement  or  arrangement  with  any  other  common 
carrier  or  common  carriers  relating  in  any  way  to  the 
transportation  of  passengers,  property  or  freight. 

UNJUST   DISCKIMINATIOS   PROHIBITED. 

And  he  it  further  enacted: 

Special  rates,  rehates  and  drawhacks  prohihited.  §  16. 
That  no  common  carrier  shall,  directly  or  indirectly,  by 
any  special  rate,  rebate,  drawback  or  other  device  or 
method,  charge,  demand,  collect  or  receive  from  any  per- 
son or  corporation  a  greater  or  less  compensation  for  any 
service  rendered  or  to  be  rendered  in  the  transportation 
of  passengers,  freight  or  property,  except  as  authorized 
in  this  Act,  than  it  charges,  demands,  collects  or  receivps 
from  any  other  person  or  corporation  tor  doing  a  like 
and  contemporaneous  service  in  the  transportation  of  a 
like  kind  of  traffic  under  the  same  or  substantially  similar 
circumstances  and  conditions. 

Unreasonable  preferences  and  prejudices  prohibited.  No 
common  carrier  shall  make  or  give  any  undue  or  unrea- 
sonable preference  or  advantage  to  any  person  or.  corpora- 
tion, or  to  any  locality,  or  to  any  particiilar  description 
of  traffic  in  any  respect  whatsoever,  or  subject  any  particu- 
lar person  or  corporation,  or  locality,  or  any  particular 
description  of  traffic  to  any  prejudice  or  disadvantage  in 
any  respect  whutsoever. 

Schedules  to  be  filed  by  November  1.  1910 — Schedules 
binding — Refunding  and  special  facilities  prohibited.  No 
common  carrier  subject  to  the  provisions  of  this  Act  shall 


after  the  first  day  of  November,  19 JO,  engage  or  partici- 
pate in  the  transportation  of  passengers,  freight  or  prop- 
erty between  points  within  the  State,  until  its  schedules 
of  rates,  fares  and  charges  shall  have  been  filed  and  pub- 
lished in  accordance  with  the  provisions  of  this  Act.  No 
common  carrier  shall  charge,  demand,  collect  or  receive  a, 
greater  or  less  or  different  compensation  for  transportation 
of  passengers,  freight  or  property,  or  for  any  service  in 
connection  therewith,  than  the  rates,  fares  and  charges 
applicable  to  such  transportation  as  specified  in  its 
schedules  filed  and  in  effect  at  the  time;  nor  shall  any  such 
common  carrier  refund  or  remit  in  any  manner,  or  by  any 
device,  any  portion  of  the  rates,  fares  or  charges  so  speci- 
fied, nor  extend  to  any  shipper  or  person  any  privileges 
or  facilities  in  the  transportation  of  passengers  or  prop- 
erty except  such  as  are  regularly  and  uniformly  extended 
to  all  persons  and  corporations  under  like  circumstances. 

Free  transportation  prohihited — Exceptions.  No  com- 
mon carrier  subject  to  the  provisions  of  this  Act  shall, 
directly  or  indirectly,  issue  or  give  any  free  tickets,  free 
pass  or  free  transportation  for  passengers  or  property 
between  points  within  this  State,  except  to  its  officers,  {em- 
ployes, agents,  pensioners,  surgeons,  physicians,  attorneys- 
at-law  and  their  families;  to  ministers  of  religion,  inmates 
of  hospitals,  charitable  and  eleemosynary  institutions  and 
persons  exclusively  engaged  in  charitable  and  eleemosynary 
work;  and  to  Indigent,  destitute  and  homeless  persons, 
and  to  such  persons  when  transported  by  charitable  so- 
cieties or  hospitals,  and  the  necessary  agents  emplojed 
in  such  transportation;  to  inmates  of  the  national  homes  or 
State  homes  for  disabled  volunteer  soldiers  and  of  soldiers' 
and  sailors'  homes,  including  those  about  to  enter  and 
those  returning  home  after  discharge,  and  boards  of  mana- 
gers of  such  homesj  to  necessary  caretakers  in  trans  t; 
to  employes  of  sleeping-car  companies,  express  compani  !S, 
telephone  and  telegraph  companies  doing  business  along 
the  line  of  the  issuing  carrier;  to  railway  mail  service  en- 
ployes,  postofHce  inspectors,  custom  inspectors  and  imi  il- 
gration  inspectors;  to  newsboys  on  trains,  baggage  agenis; 
persons  injured  in  accidents  or  wrecks,  and  physicians  a  id 
nurses  attending  such  persons;  to  the  carriage,  free  or  at 
reduced  rates,  of  persons  or  property  for  the  United  Stat  !3, 
State  or  municipal  governments,  or  of  the  property  to  or 
from  fairs  and  expositions  for  exhibit  thereat;  or  tie 
transportation  free,  of  any  property  as  is  provided  by  la  vV. 
Nothing  in  this  Act  shall  be  construed  to  prohibit  the  n- 
terchange  of  free  or  reduced  transportation  between  co  n- 
mon  carriers  of  or  for  their  officers,  agents,  employ^  s, 
attorneys  and  surgeons  and  their  families,  nor  to  prohii  it 
any  common  carrier  from  carrying  passengers  or  propel  cy 
free  with  the  object  of  providing  relief  in  cases  of  genei  al 
epidemic,  pestilence  or  other  calamitous  visitation;  n  jr 
to  prohibit  any  common  carrier  from  transporting  perso  is 
or  property  as  incident  to  or  connected  with  contracts  i  )r 
construction,  operation  oi"  maintenance,  and  to  the  extc  at 
only  that  such  free  transportation  is  provided  for  in  t  le 
contract  for  such  work;  nor  to  prevent  any  common  car^ 
from  transporting  children  under  five  years  of  age  free; 


! 


Mileage,  commutation  and  half -fare  tickets.  ProvitfioT 
further,  that  nothing  in  this  Act  shall  prevent  the  issuan  )e 
of  mileage,  excursion,  school  commutation  or  commutati  m 
passenger  tickets,  or  half-fare  tickets  for  the  transportati  )n 
of  children  under  12  years  of  age,  or  joint  interchangeal  le 
mileage  tickets,  with  special  privilege  as  to  the  amount  of 
free  baggage  that  may  be  carried  under  mileage  tickets  of 
100  miles  or  more.  But  before  any  common  carrier,  subj(  ct 
to  the  provision  of  this  Act,  shall  issue  any  such  mileaj  e, 
excursion,  school  commutation,  commutation  passenger 
ticket,  half-fare  tickets,  or  joint  interchangeable  mileage 
ticket,  with  special  privileges  as  aforesaid,  it  shall  f  le 
with  the  commission  copies  of  the  tariffs  of  rates,  fares  or 
charges  on  which  such  tickets  are  to  be  based,  together 
with  the  specifications  of  the  amount  of  free  baggage  p'!r- 
mitted  to  be  carried  under  such  joint  interchangealle 
mileage  ticket,  in  the  same  manner  as  common  carritrs 
are  required  to  do  with  regard  to  other  rates  by  this  AiU,j 


OTHER  PROHIBITIONS — F.\LSE  BIIXING,   KTC. 


ii 


And  be  it  further  enacted: 

False  billing,  classification  or  weight.  §  17.  That  no 
no  common  carrier  or  any  oflflcer  or  agent  thereof,  or  any 
person  acting  for  or  employed  by  it,  shall  assist,  suffer 
or  permit  any  person  or  corporation  to  obtain  transporta- 
tion for  any  passenger,  freight  or  property  between  points 


Public  Seevice  Laws 


647 


within  tliis  State  at  less  than  the  rates  then  established 
and  in  force  in  accordance  with  the  schedules  filed  and 
published  in  accordance  with  the  provisions  of  this  Act 
and  the  order  of  the  commission,  by  means  of  false  billing, 
false  classification,  false  weight  or  weighing,  or  false  re- 
port of  weight,  or  by  any  other  device  or  means.  No  per- 
son, corporation,  or  any  oflScer,  agent  or  employe  of  a  cor- 
poration who  shall  deliver  freight  or  property  for  trans- 
portation within  the  State  to  a  common  carrier  shall  seek 
to  obtain,  or  obtain  transportation  for  such  property  at 
less  than  the  rates  then  established  and  in  force  therefor, 
as  aforesaid,  by  false  billing,  false  or  incorrect  classifica- 
tion, false  weight  or  weighing,  false  representation  of  the 
contents  of  a  package  or  false  report  or  statement  of 
weight,  or  by  any  other  device  or  means,  whether  with  or 
without  the  consent  or  connivance  of  the  common  carrier 
or  any  of  Its  officers,  agents  or  employes. 

INTERCHANGE   OF   PASSENGERS    AND    FREIGHT— PREFERENCES '  AND 
DISCRIMINATIONS    BETWEEN    CARRIERS    PROHIBITED. 

And  be  it  further  enacted: 

Equal  facilities  for  interchange  of  traffic — Discrimina- 
tion. §  18.  That  every  common  carrier  is  required  to  af- 
ford all  reasonable,  proper  and  equal  facilities  for  the 
interchange  of  passengers,  freight  and  property  traffic  be- 
tween the  lines  owned,  operated,  controlled  or  leased  by 
it  and  the  lines  of  every  other  carrier,  and  for  the  prompt 
transfer  of  passengers  and  for  the  prompt  receipt  and  for- 
warding of  freight  and  property  to  and  from  its  said  lines; 
and  no  common  carrier  shall  in  any  manner  discriminate  in 
respect  to  rates,  fares  or  charges,  or  in  any  respect  to  any 
service  or  in  respect  to  any  charges  or  facilities  for  any 
such  transfer  in  receiving  or  forwarding  between  any  two 
or  more  other  common  carriers  or  between  passengers, 
freight  or  property  destined  to  points  upon  the  lines  of 
any  two  or  more  other  common  carriers,  or  in  any  respect 
with  reference  to  passengers,  freight  or  property  trans- 
ferred or  received  from  any  two  or  more  other  common 
carrier. 

Use  of  tracks  and  terminals  not  required — Receipt  of 
freight  cars  at  connecting  points — Duty  as  to  joint  rates 
not  affected — Street  railroads.  This  section  shall  not  be 
construed  to  require  a  common  carrier  to  permit  or  allow 
any  other  common  carrier  to  use  its  tracks  or  terminal  fa- 
cilities. Every  common  carrier,  as  such,  is  required  to 
receive  from  every  other  common  carrier,  at  a  connect- 
ing point,  freight  cars  of  proper  standard,  and  haul  the 
same  through  to  destination,  if  the  destination  be  upon 
a  line  owned,  operated  or  controlled  by  such  common 
carrier,  or  if  the  destination  be  upon  a  line  of  some  other 
common  carrier,  to  haul  any  car  so  delivered  through  to 
the  connecting  point  upon  the  line  owned,  operated,  con- 
trolled or  leased  by  it,  by  way  of  route  over  which  such 
car  is  billed,  and  there  to  deliver  the  same  to  the  next 
connection  carrier.  Nothing  in  this  section  shall  be  con- 
strued as  in  any  wise  limiting  or  modifying  the  duty  of  a 
common  carrier  to  establish  joint  rates,  fares  and  charges 
for  the  transportation  of  passengers,  freight  and  property 
over  the  lines  owned,  operated,  controlled  and  leased  by 
it  and  the  lines  of  other  common  carriers,  nor  as  in  any 
manner  limiting  or  modifying  the  power  of  the  commission 
to  require  .the  establishment  of  such  joint  rates,  fares  and 
charges.  A  railroad  corporation  and  a  street  railroad  cor- 
poration shall  not  be  required  to  interchange  cars  except 
on  such  terms  and  conditions  as  the  commission  may 
direct. 

LONG  AND  SHORT  HAULS POWER  OF  COMMISSION DISTRIBUTION 

OF   CABS. 

And  he  it  further  enacted: 

Long  and  short  haul — Commission  may  authorize  excep- 
tions. §  19.  That  no  common  carrier  subject  to  the  pro- 
visions of  this  Act,  shall  charge  or  receive  any  greater 
compensation  in  the  aggregate  for  the  transportation  of 
passengers  or  of  a  like  kind  of  property,  under  substantially 
similar  circumstances  and  conditions,  for  a  shorter  than 
for  a  longer  distances  over  the  same  line  in  the  same 
direction,  the  shorter  being  included  within  the  longer 
distance;  but  this  shall  not  be  construed  as  authorizing 
any  such  common  carrier  to  charge  and  receive  as  great  a 
compensation  for  a  shorter  as  for  a  longer  distance  or 
haul.  Upon  application  of  a  common  carrier  the  com- 
mission may,  by  order,  authorize  it  to  charge  less  for 
longer  than  for  shorter  distances  for  the  transportation  of 


passengers  or  property  in  special  cases  after  Investigation 
by  the  commission,  but  the  order  must  specify  and  pre- 
scribe the  extent  to  which  the  common  carrier  making 
such  application  is  relieved  from  the  operation  of  this 
section,  and  only  to  the  extent  so  specified  and  prescribed 
shall  any  common  carrier  be  relieved  from  the  operation 
and  requirements  of  this  section. 

Carriers  to  furnish  sufficient  cars — Motive  power — Distri- 
bution of  cars — Live  stock — Commission  to  make  regula- 
tions. Every  railroad  corporation  or  other  common  car- 
rier engaged  in  the  transportation  of  freight  shall,  upon 
reasonable  notice,  furnish  to  all  persons  and  corporations 
who  may  apply  therefor  and  offer  freight  for  transportation, 
sufficient  and  suitable  cars  for  the  transportation  of  such 
freight  in  carload  lots.  Every  railroad  corporation  and 
street  railroad  corporation  shall  have  sufficient  cars  and 
motive  power  to  meet  all  requirements  for  the  transporta- 
tion of  passengers  and  property  which  may  reasonably  be 
anticipated,  unless  relieved  therefrom  by  order  of  the  com- 
mission. In  case,  at  any  particular  time,  a  common  car- 
rier has  not  sufficient  cars  to  meet  all  requirements  for  the 
transportation  of  property  in  carload  lots,  all  cars  avail- 
able to  it  for  such  purposes  shall  be  distributed  among 
the  several  applicants  therefor,  without  discrimination  be- 
tween shippers,  localities  or  competitive  or  non-competitive 
points,  but  preference  may  always  be  given  in  the  supply 
of  cars  for  shipment  of  live  stock  or  perishable  property. 
The  commission  shall  have  power  to  make,  and  by  order 
shall  make  reasonable  regulations  for  the  furnishing  and 
distribution  of  freight  cars  to  shippers,  for  the  switching 
of  the  same,  for  the  loading  and  unloading  thereof,  for 
demurrage  charges  in  respect  thereto,  and  for  the  weigh- 
ing of  cars  and  freights  offered  for  shipment  or  transported 
by  any  common  carrier. 

GENERAL    POWERS    AND    DUTIES    OF    COMMISSION    IN    RESPECT    TO 
COMMON    CARRIERS,    RAILROADS    AND   STREET   RAILROADS. 

And  be  it  further  enacted: 

Administer  oaths.  §  20.  That  the  commission  and  each 
commissioner  shall  have  power  and  authority  to  administer 
oaths  in  all  parts  of  the  State  to  witnesses  summoned  to 
testify  in  any  Inquiry,  investigation,  hearing  or  proceeding; 
and  also  to  administer  oaths  in  all  parts  of  the  State  when- 
ever the  exercise  of  such  power  is  incidentally  necessary 
or  proper  to  enable  the  commission  or  a  commissioner  to 
perform  a  duty  or  to  exercise  a  power. 

General  supervision  over  carriers.  The  commission  shall 
have  the  general  supervision  of  all  common  carriers,  rail- 
roads, street  railroads,  railroad  corporations  and  street 
railroad  corporation,  and  all  other  corporations  and  per- 
sons subject  to  the  provisions  of  this  Act  as  hereinbefore 
defined,  and  shall  have  the  power  to  and  shall  examine 
the  same  and  keep  informed  as  to  their  general  condition, 
their  capitalization,  their  franchises  and  the  manner  in 
which  their  lines,  owned,  leased,  controlled  or  operated, 
are  managed,  conducted  and  operated,  not  only  with  re- 
spect to  the  adequacy,  security  and  accommodation  afforded 
by  their  service,  but  also  with  respect  to  their  compliance 
with  all  provisions  of  law,  orders  of  the  commission  and 
charter  requirements. 

Poicer  to  examine  books,  etc.  The  commission  and  each 
commissioner  shall  have  power  to  examine  all  books,  con- 
tracts, records,  documents  and  papers  of  any  person  or 
corporation  subject  to  its  provision,  and  by  subpoena  duces 
tecum  to  compel  the  production  thereof.  In  lieu  of  re- 
quiring production  of  originals  by  the  subpcena  duces 
tecum,  the  commission,  or  any  commissioner,  may  require 
sworn  copies  of  any  such  books,  records,  contracts,  docu- 
ments and  papers  or  parts  thereof  to  be  filed  with  it. 

Hearings  and  reports  as  to  proposed  legislation — Recom- 
mendations. The  commission  shall  conduct  a  hearing  and 
take  testimony  as  to  the  advisability  of  any  proposed 
change  of  law  relating  to  any  common  carrier,  railroad, 
street  railroad,  railroad  corporation  or  street  railroad  cor- 
poration, or  other  corporation  subject  to  the  provisions  of 
this  Act  if  requested  to  do  so  by  the  Legislature,  by  the 
senate  or  general  assembly,  or  the  governor,  and  may  con- 
duct such  a  hearing,  when  requested  to  do  so,  by  any 
person  or  corporation,  and  shall  report  its  conclusions  to 
the  officer,  body,  person  or  corporation  at  whose  request 
the  hearing  was  held.  The  commission  may  also  recom- 
mend the  enactment  of  such  legislation  with  respect  to  any 
further  matter  within  its  jurisdiction  as  it  deems  wise  or 


648 


National  Association  of  Railway  Commissioners 


necessary  in  the  public  interest,  and  may  draft  or  cause  to 
be  drafted  such  bills  or  Acts  as  it  may  deem  necessary 
or  proper  to  enact  into  law  the  legislation  recommended 
by  it. 

BEPORTS  OF  COMMON  CARBIERS,  BAILROADS,  STREET  RAILROADS. 

And  be  it  further  enacted: 

■  Form  of  annual  reports — Notice  of  changes  in  form — 
Contents  of  reports — Amendments.  §  21.  That  the  com 
mission  shall  prescribe  the  form  of  the  annual  reports  re- 
quired under  this  Act  to  be  made  by  common  carriers,  rail- 
roads, street  railroads,  railroad  corporations,  street  railroad 
corporations,  and  all  other  corporations  subject  to  the  pro- 
visions of  this  Act,  and  may  from  time  to  time  make  such 
changes  therein  and  additions  thereto  as  it  may  deem  proper; 
provided,  however,  that  if  any  such  changes  or  additions 
require  any  alteration  in  the  method  or  form  of  keeping 
the  accounts  of  such  corporations,  the  commission  shall 
give  to  them  at  least  six  months'  notice  before  the  ex- 
piration of  any  fiscal  year  of  any  such  changes  or  additions, 
and  on  or  before  June  30th,  in  each  year,  shall  furnish  a 
blank  form  for  such  report.  The  contents  of  such  report, 
and  the  form  thereof,  shall  conform  as  nearly  as  possi- 
ble to  that  required  of  common  carriers  under  the  pro- 
visions of  the  Act  of  Congress  entitled  "An  Act  to  Regu- 
late Commerce,"  approved  February  4,  1887,  and  the  Act 
amendatory  thereof  approved  June  29,  1906,  and  other 
amendments  thereto.  The  commission  may  require  such 
report  to  contain  Information  in  relation  to  rates  or  reg- 
ulations concerning  fares  or  freights,  agreements  or  con- 
tracts affecting  the  same,  so  far  as  such  rates  or  regu- 
lations pertain  to  transportation  within  the  State.  When 
the  report  of  any  person  or  corporation  is  defective,  or 
believed  to  be  erroneous,  the  commission  shall  notify  it 
to  amend  the  same  within  a  time  prescribed  by  the  com- 
m.ission.  The  originals  of  the  reports,  subscribed  and 
sworn  to  as  prescribed  by  law,  shall  be  preserved  in  the 
office  of  the  commission. 

Reports  of  earnings  and  expenses — Annual  reports  to  he 
filed  by  September  30 — Extension  of  time.  The  commission 
may  also  require  common  carriers  to  file  periodic  reports 
of  earnings  and  expenses  within  a  specified  time.  The 
commission  may  require  of  all  common  carriers  specific 
answers  to  questions  upon  which  the  commission  may 
need  information.  The  annual  report  required  to  be 
filed  by  a  common  carrier  shall  be  so  filed  on  or  before 
the  thirtieth  day  of  September  in  each  year.  The  com- 
mission may  extend  the  time  for  making  and  filing  such 
report  for  a  period  not  exceeding  60  days.  If  such 
common  carrier  shall  fail  to  make  and  file  the  annual 
report  within  the  time  above  specified,  or  within  the  time 
as  extended  by  •  the  commission,  or  shall  fail  to  make 
specific  answer  to  any  question,  or  shall  fail  to  make  the 
periodic  reports  when  required  by  the  commission  as 
herein  provided,  within  30  days  from  the  time  when  it 
is  required  to  make  and  file  any  such  report  or  answer, 
such  common  carrier  shall  forfeit  to  the  State  the  sum 
of  1100  for  each  and  every  day  it  shall  continue  to  be  in 
default  with  respect  to  such  report  or  answer.  Such 
forfeiture  shall  be  recovered  in  an  action  brought  by  the 
commission  in  the  name  of  the  State  of  Maryland.  The 
amount  recovered  in  any  such  action  shall  be  paid  to  the 
State  treasurer,  except  one-fourth  thereof,  which  shall  be 
paid  to  the  mayor  and  city  council  of  Baltimore. 

investigations   by    the   commission — PROCEDURE. 

And  be  it  further  enacted: 

Accidents.  §  22.  That  the  commission  shall  investigaitj 
the  cause  of  all  accidents  on  any  railroad  or  street  rail- 
road which  result  in  loss  of  life  or  injury  to  persons  or 
property,  and  which  in  its  judgment  shall  require  inves- 
tigation. Every  common  carrier  is  hereby  required  to 
give  notice  to  the  commission  of  every  accident  happen- 
ing upon  any  line  of  railroad  or  street  railroad,  owned, 
operated,  controlled  or  leased  by  it,  within  30  days  after 
the  happening  of  every  such  accident,  or  in  such  man- 
ner as  the  commission  may  direct.  Such  notice  shall 
not  be  admitted  as  evidence  or  used  for  any  purpose 
against  such  common  carrier  giving  such  notice  in  any 
suit  or  action  for  damages  growing  out  of  any  matter 
mentioned  in  said  notice. 

Commission  may  investigate  on  its  own  motion.  The 
commission  may,  of  its  own  motion,  investigate  or  make 
Inquiry  in  a  manner  to  be  determined  by  it,  as  to  any  act 


or  thing  done  or  omitted  to  be  done  by  any  common  car- 
rier, railroad,  street  railroad,  railroad  corporation  or 
street  railroad  corporation,  or  other  corporation,  subject 
to  its  supervision,  and  the  commission  must  make  such 
inquiry  in  regard  to  any  act  or  thing  done  or  omitted  to 
be  done  by  any  such  common  carrier  or  corporation  in 
violation  of  any  provision  of  law,  or  in  violation  of  any 
order  of  the  commission. 

Complaints — Copy  to  the  corporation — If  complaint  not 
satisfied,  commission  to  investigate.  Complaints  may  be 
made  to  the  commission  by  any  person  or  corporation 
aggrieved,  by  petition  or  complaint  in  writing  setting 
forth  anything  or  act  done  or  omitted  to  be  done  by  any 
common  carrier  or  corporation  subject  to  its  supervision, 
in  violation,  or  claimed  to  be  in  violation,  of  any  pro- 
vision of  law  or  the  terms  and  conditions  of  its  franchise 
or  charter,  or  of  any  order  of  the  commission,  or  as  being 
unfair,  unreasonable,  unjustly  discriminating  or  unduly 
preferential.  Upon  the  presentation  of  such  a  complaint 
the  commission  shall  cause  a  copy  thereof  to  be  for- 
warded to  the  person  or  corporation  complained  of,  ac- 
companied by  an  order,  directed  to  such  person  or  cor- 
poration, requiring  that  the  matter  complained  of  to  be 
satisfied,  or  that  the  charges  be  answered  in  writ  ng 
within  a  time  to  be  specified  by  the  commission.  If  he 
person  or  corporation  complained  of  shall  make  repara- 
tion for  any  injury  alleged  and  shall  cease  to  commit  or 
to  permit,  the  violation  of  law,  franchise  or  order  charf  ed 
in  the  complaint,  and  shall  notify  the  commission  of  tliat 
before  the  time  allowed  for  answer,  the  commission  n(  ed 
take  no  further  action  upon  the  charge.  If,  however,  he 
charges  contained  in  such  petition  be  not  thus  satisflid, 
and  it  shall  appear  to  the  commission  that  there  are  rsa- 
sonable  grounds  therefor,  it  shall  investigate  such  char;  es 
in  such  manner  and  by  such  means  as  it  shall  de  !m 
proper,  and  take  such  action  within  its  power  as  the  faots 
justify. 

Order  on  complaints.  Whenever  the  commission  stall 
investigate  any  matter  complained  of  by  any  person  or 
corporation  aggrieved  by  any  act  or  omission  of  a  cc  m- 
mon  carrier  or  other  corporation  subject  to  the  P'o- 
visions  of  this  Act  under  this  section,  it  shall  be  its  di  ty 
to  make  and  file  an  order  either  dismissing  the  petit  on 
or  complaint  or  directing  the  common  carrier  complaii  ed 
of  to  satisfy  the  cause  of  complaint  in  whole  or  to  the  x- 
tent  which  the  commission  may  specify  and  require. 

JUST   AND  BEASONABLE  R.VTE8  AND   SAFE   AND  ADEQU.VTE  SEUV  CE 


s 


TO   BE    DETEBMIKED   BY    THE   COMMISSION. 

And  be  it  further  enacted: 

Commission  may  determine  maximum  rates,  after  hcii 
mg — Also  proper  equipment  and  service.  %  23.  That  wh 
ever  the  commission  shall  be  of  the  opinion,  after  a  h€  ir- 
ing,  upon  its  own  motion  or  upon  a  complaint  made  as 
provided  in  this  Act,  that  the  rates,  tolls,  fares  or  char;  es 
demanded,  exacted,  charged  or  collected  by  any  comn  on 
carrier,  railroad  or  street  railroad,  railroad  corporati  )n, 
street  railroad  corporation,  or  other  corporation  subj  'ct 
to  the  provisions  of  this  A.ct,  for  the  transportation  of 
persons,  freight  or  property  within  the  State,  or  that  he 
legulations  or  practices  of  such  common  carrier  or  t or- 
poration  affecting  such  rates,  tolls  or  services  are  unji  st, 
unreasonable,  unjustly  discriminating  or  unduly  preferen- 
tial, or  in  anywise  in  violation  of  any  provision  of  1;  w, 
the  commission  shall  determine  the  just  and  reasonaale 
rates,  tolls,  fares  and  charges  to  be  thereafter  obser'  ed 
and  in  force  as  the  maximum  to  be  charged  for  the  sen  ice 
to  be  performed,  and  shall  fix  the  same  by  order  to  be 
served  upon  all  common  carriers  or  other  corporations 
by  whom  such  rates,  fares  and  charges  are  thereafter  to 
be  observed.  And  whenever  the  commission  shall  be  ol 
the  opinion,  after  a  hearing,  had  upon  its  own  motion  or 
upon  complaint,  that  the  regulations,  practices,  equip- 
ment, appliances  or  services  of  any  common  carrier  or 
other  such  corporation  in  respect  to  any  services,  trsns- 
portation  of  persons,  freight  or  property  within  this  State, 
are  unjust,  unreasonable,  unsafe,  unreasonably  impropei 
or  inadequate,  the  commission  shall  determine  the  just, 
reasonable,  safe,  reasonably  adequate  and  proper  regula- 
tions, practices,  equipment,  appliances  and  service  to  be 
in  force  and  to  be  observed  in  respect  to  such  transporta- 
tion of  persons,  freight  and  property,  and  so  fix  and  i)re 
scribe  the  same  by  order  to  be  served  upon  every  com- 
mon  carrier  or  other   corporation   to   be   bound   thereby; 


Public  Service  Laws 


649 


and  thereafter  it  shall  be  the  duty  of  every  such  common 
carrier  or  other  corporation  to  observe  and  obey  each  and 
every  requirement  of  every  such  order  so  served  upon  it, 
and  to  do  everything  necessary  or  proper  in  order  to 
secure  absolute  compliance  with  and  observance  of  every 
such  order  by  all  its  officers,  agents  or  employes. 

Through  routes  and  joint  rates — Commission  may  es- 
tablish if  corporations  do  not.  The  commission  shall  have 
power  by  order  to  require  any  two  or  more  common  car- 
riers whose  lines,  owned,  operated,  controlled  or  leased, 
from  a  continuous  line  of  transportation,  or  which  could 
te  made  to  do  so  by  the  construction  and  maintenance  of 
switch  connection,  to  establish  through  routes  and  joint 
rates,  fares  and  charges  for  the  transportation  of  pas- 
sengers, freight  and  property  within  the  State  as  the 
commission  may  by  its  orders  designate;  and  in  case  such 
through  routes  and  joint  rates  be  not  established  by  the 
common  carriers  named  in  any  such  order  within  the 
time  specified  therein,  the  commission  shall  establish  just 
and  reasonable  rates,  fares  and  charges  to  be  charged  for 
such  through  transportation  and  declare  the  portion  thereof 
to  which  each  common  carrier  affected  thereby  shall  be 
entitled  and  the  manner  in  which  the  same  shall  be  paid 
and  secured. 

Repairs,  improvements  and  changes  in  equipment,  etc. 
If,  in  the  judgment  of  the  commission,  repairs  or  Im- 
provements to  or  changes  in  any  tracks,  switches,  termi- 
nals or  terminal  facilities,  stations,  motive  power,  or  any 
other  property,  construction  apparatus,  equipments,  facil- 
ities or  device  used  by  any  common  carrier,  railroad  cor- 
poration or  street  railroad  corporation  in  or  in  connection 
with  the  transporation  of  passengers,  freight  or  property, 
ought  reasonably  to  be  made,  or  any  additions  should 
reasonably  be  made  thereto,  in  order  to  uromote  the  se- 
curity or  convenience  of  the  public  or  employes,  or  in 
order  to  secure  adequate  service  or  facilities  for  the 
transportation  of  passengers,  freight  or  property,  the  com- 
mission shall,  after  a  hearing,  either  on  its  own  motion 
or  after  complaint,  make  and  serve  an  order  directing 
such  repairs,  improvements,  changes  or  additions  to  be 
made  within  a  reasonable  time  and  in  a  manner  to  be 
specified  therein,  and  every  common  carrier,  or  other  such 
corporation  subject  to  the  provisions  of  this  Act,  is  hereby 
required  and  directed  to  make  all  repairs,  improvements, 
changes  and  additions  required  of  it  by  any  order  of  the 
commission  served  upon  it. 

TIME  SCHEDULES — ADDITIONAL  CARS   OB  TRAINS. 

And  be  it  further  enacted: 

Adequacy  of  train  service,  motive  power  and  time  sched- 
ules. S  24.  That  if  In  the  judgment  of  the  commission, 
any  common  carrier,  railroad  corporation,  or  street  rail- 
road corporation,  does  not  run  trains  enough,  or  cars 
enough,  or  possess  or  operate  motive  power  enough,  rea- 
sonably to  accommodate  the  traffic,  passenger  and  freight, 
transported  by  or  oifered  for  transportation  to  it,  or  does 
not  run  its  trains  or  cars  with  sufficient  frequency,  or  at  a 
reasonable  or  proper  time,  having  regard  to  safety,  or  does 
not  run  any  train  or  trains,  car  or  cars,  upon  a  reasonable 
time  schedule  for  the  run,  the  commission  shall,  after  hear- 
ing either  on  its  own  motion  or  after  complaint,  have  power 
to  make  an  order  directing  any  such  railroad  corporation, 
or  street  railroad  corporation,  to  increase  the  number  of 
its  trains,  or  of  its  motive  power,  or  to  change  the  time 
for  starting  its  trains  or  cars,  or  to  change  the  time 
schedule  for  the  run  of  any  train  or  car,  or  make  any 
other  suitable  order  that  the  commission  may  determine 
reasonably  necessary  to  accommodate  and  transport  the 
traffic,  passenger  or  freight,  transported  or  offered  for 
transportation. 

rNIFOR>r     SYSTEM     OF     ACCOITNTS — ACCESS     TO     ACCOUNTS — FOR- 
FEITURE. 

And  be  it  further  enacted: 

Commission  may  establish  systems  of  accounts — May 
prescribe  form  of  accounts  and  records — Access  to  accounts, 
etc.  §  25.  That  the  commission  may,  whenever  it  deems 
advisable,  establish,  upon  due  and  reasonable  notice  to  all 
such  corporations,  system  of  accounts  to  be  used  by  rail- 
road and  street  railroad  corporations,  or  other  common 
carriers  which  are  subject  to  its  supervision,  or  may 
classify  the  said  corporations  and  other  carriers  and  pre- 
scribe a  system  of  accounts  for  each  class,  and  may  pre- 


scribe the  manner  in  which  such  accounts  shall  be  kept. 
It  may  also,  in  its  discretion,  prescribe  the  form  of  ac- 
counts, records  and  memoranda  to  be  kept  by  common  car- 
riers, including  the  accounts,  records  and  memoranda  of 
the  movement  of  traffic,  as  well  as  the  receipts  and  expendi- 
tures of  moneys.  The  system  of  accounts  established  by 
the  commission  and  the  forms  of  accounts,  records  and 
memoranda  prescribed  by  it  as  provided  shall  conform, 
as  nearly  as  possible,  to  those  from  time  to  time  estab- 
lished and  prescribed  by  the  Interstate  Commerce  Com- 
mission under  the  provisions  of  the  Act  of  congress  en- 
titled "An  Act  to  Regulate  Commerce,"  approved  February 
4,  1887,  as  amended  by  the  Act  approved  June  29,  1906, 
and  amendments  thereto.  The  commission  shall  at  all 
times  have  access  to  all  accounts,  records  and  memoranda 
kept  by  common  carriers  and  other  corporations  subject  to 
the  provisions  of  this  Act,  and  may  prescribe  the  accounts 
in  which  particular  outlays  and  receipts  shall  be  entered, 
and  may  designate  any  of  its  officers  or  employes,  who 
shall  thereupon  have  authority  under  the  order  of  the 
commission  to  inspect  and  examine  any  and  all  accounts, 
records  and  memoranda  kept  by  such  corporations.  When 
the  commission  has  prescribed  the  forms  of  accounts, 
records  and  memoranda  to  be  kept  by  such  corporations, 
it  shall  be  unlawful  for  them  to  keep  any  other  accounts, 
records  or  memoranda  than  those  so  prescribed,  or  those 
prescribed  under  the  authority  of  the  United  States.  Any 
employe  or  agent  of  the  commission  who  divulges  any  fact 
or  information  which  may  come  to  his  knowledge  during 
the  course  of  any  such  inspection  or  examination,  except 
in  so  far  as  he  may  be  directed  by  the  commission,  or 
by  a  court  or  judge  thereof,  or  authorized  by  law,  shall 
be  guilty  of  a  misdemeanor. 

FRANCHISES    OR   PRIVILEGES — TRANSFER   OF    FRANCHISES    OR 
STOCKS. 

And  be  it  further  enacted: 

Approval  of  commission  before  construction  or  exercise 
of  franchise.  §  26.  That  no  common  carrier,  railroad  cor- 
poration, or  street  railroad  corporation,  shall  begin  the  con- 
struction of  a  railroad  or  street  railroad,  or  any  extension 
thereof,  or  exercise  any  franchise  or  right  under  any  pro- 
vision of  the  railroad  law.  or  of  any  other  law  not  hereto- 
fore lawfully  exercised,  without  first  having  obtained  the 
permission  and  approval  of  the  commission.  The  commis- 
sion shall  have  power  to  grant  the  permission  and  approval 
herein  specified  whenever  it  shall,  after  due  hearing,  de- 
termine that  such  construction  or  such  exercise  of  the 
franchise  or  privilege  is  necessary  or  convenient  for  the 
public  service. 

Transfer  of  franchises  to  be  approved — Lapsed  and  in- 
valid franchises  not  to  be  validated.  No  franchise,  nor  any 
right  to  or  under  any  franchise  to  own  or  operate  a  rail- 
road or  street  railroad,  shall  be  assigned,  transferred  or 
leased,  nor  shall  any  contract  or  agreement  with  reference 
to  or  affecting  any  such  franchise  or  right  be  valid  or  of 
any  force  or  effect  whatsoever,  unless  the  assignment, 
transfer,  lease,  contract  or  agreement  shall  have  been  ap- 
proved by  the  commission.  The  permission  and  approval 
of  the  commission  to  the  exercise  of  a  franchise  under  this 
section,  or  to  the  assignment,  transfer  or  lease  of  a  fran- 
chise under  this  section,  shall  not  be  construed  to  revive 
or  validate  any  lapsed  or  invalid  franchise,  or  to  enlarge  or 
add  to  the  powers  and  privileges  contained  in  the  grant  of 
any  franchise  or  to  waive  any  forfeiture. 

Power  of  railroads  to  hold  stock—Collateral  security. 
No  railroad  or  street  railroad  corporation,  domestic  or  for- 
eign, shall  hereafter  purchase  or  acquire,  take  or  hold, 
any  part  of  the  capital  stock  of  any  railroad  corporation 
or  street  railroad  corporation,  or  other  common  carrier 
organized  or  existing  under  or  by  virtue  of  the  laws  of 
this  State,  unless  authorized  so  to  do  by  the  commission, 
and  save  where  stock  shall  be  transferred  or  held  for  the 
purpose  of  collateral  security  only  with  the  consent  of 
the  commission,  no  stock  corporation  of  any  description, 
domestic  or  foreign,  other  than  a  railroad  corporation,  or 
street  railroad  corporation,  shall  purchase  or  acquire,  take 
or  hold  more  than  10  per  centum  of  the  total  capital  stock 
issued  by  any  railroad  corporation,  or  street  railroad  cor- 
poration, or  other  common  carrier  organized  or  existing 
under  or  by  virtue  of  the  .laws  of  this  State.  Nothing 
herein  contained  shall  be  construed  to  prevent  the  holding 


650 


Xational  Association  of  Eailway  Commissioners 


of  stock  heretofore  lawfully  acquired.  Every  contract, 
assignment,  transfer  or  agreement  for  transfer  of  any 
stock  by  or  through  any  person  or  corporation  to  any 
corporation,  in  violation  of  any  provision  of  this  Act,  shall 
be  void  and  of  no  effect,  and  no  such  transfer  or  assign- 
ment shall  be  made  upon  the  boolts  of  any  such  railroad 
corporation  or  street  railroad  corporation,  or  shall  be  recog- 
nized as  effective  for  any  purpose. 

APPROVAL   OF  ISSUES    OF    STOCK — MERGER. 

And  be  it  further  enacted: 

Issue  of  stocks  and  bonds — Purposes  of  issue — Authority 
of  commission — Hearings.  §  27.  That  a  common  carrier, 
railroad  corporation,  street  railroad  corporation,  or  other 
corporation  subject  to  the  provisions  of  this  Act,  organized 
or  existing,  or  hereafter  incorporated,  under  or  by  virtue  of 
the  laws  of  the  State  of  Maryland,  may  issue  stocks,  bonds, 
notes  or  other  evidence  of  indebtedness,  payable  at  peri- 
ods of  more  than  12  months  after  date  thereof,  when  neces- 
sary for  the  acquisition  of  property,  the  construction,  com- 
pletion, extension  or  improvement  of  its  facilities,  or  for 
the  improvement  or  maintenance,  extension  or  improve- 
ment of  its  facilities,  or  for  the  improvement  or  mainten- 
ance of  its  service,  or  the  discharge  or  lawful  refunding 
of  its  obligations;  provided,  and  not  otherwise,  that  there 
shall  have  been  secured  from  the  commission  an  order 
authorizing  such  issue,  and  the  amount  thereof,  and  stat- 
ing that,  in  the  opinion  of  the  commission,  the  use  of  capital 
to  be  secured  by  the  issue  of  such  stocks,  bonds  or  other 
evidence  of  indebtedness  is  reasonably  required  for  the 
said  purposes  of  the  common  carrier,  railroad  corporation, 
street  railroad  corporation,  or  such  corporations,  but  this 
provision  shall  not  apply  to  any  lawful  issue  of  stock,  to 
the  lawful  execution  and  delivery  of  any  mortgage,  or  to  the 
lawful  issue  of  bonds  thereunder,  before  the  time  when  this 
Act  becomes  a  law.  For  the  purpose  of  enabling  it  to  de- 
termine whether  it  should  issue  such  an  order  the  commis- 
sion shall  make  such  inquiry  or  investigation,  hold  such 
hearings,  and  examine  such  witnesses,  books,  papers,  docu- 
ments or  contracts  as  it  may  deem  of  importance  in  enab- 
ling it  to  reach  a  determination.  Such  common  carrier 
may  issue  notes  for  proper  corporate  purposes,  and  not  in 
violation  of  any  provision  of  this  or  any  other  Act,  payable 
at  periods  of  not  more  than  twelve  months,  without  such 
consent,  but  no  such  notes  shall,  in  whole  or  in  part, 
directly  or  indirectly,  be  refunded  by  any  issue  of  stock 
or  bonds,  or  by  any  evidence  of  indebtedness  running 
for  more  than  twelve  months,  without  the  consept  of  the 
commission. 

What  cannot  be  capitalized — Franchises — Capital  of 
consolidated  corporation — Contracts  for  consolidation  or 
lease  not  to  be  capitalized.  Provided,  however,  that  the 
commission  shall  have  no  power  to  authorize  the  capital- 
ization of  any  franchise  to  be  a  corporation  or  to  authorize 
the  capitalization  of  any  franchise  or  right  to  own,  operate 
or  enjoy  any  franchise  whatsoever  in  excess  of  the  amount 
(exclusive  of  any  tax  or  annual  charge)  actually  paid  to 
the  State  or  to  a  political  subdivision  thereof  as  a  consid- 
eration for  the  grant  of  such  franchise  or  right;  nor  shall 
the  capital  stock  of  corporations,  formed  by  the  merger  or 
consolidation  of  two  or  more  other  corporations,  exceed  the 
sum  of  the  capital  stock  of  the  corporations  so  consoli- 
dated, at  the  par  value  thereof,  or  such  sum  and  any  addi- 
tional sum  actually  paid  in  cash;  nor  shall  any  contract 
for  consolidation  or  lease  be  capitalized  in  the  stock  of  any 
corporation  whatever;  nor  shall  any  corporation  hereafter 
issue  any  bonds,  against  or  as  lien  upon  any  contract  for 
consolidation  or  merger. 

penalties. 
Observance  of  orders  of  commission — Penalty  for  violat- 
ing. §  28.  Every  common  carrier,  railroad  corporation, 
street  railroad  corporation  and  other  corporation  subject 
to  the  provisions  of  this  Act,  and  all  officers  and  agents 
of  any  common  carrier,  railroad  corporation  and  street  rail- 
road corporation,  and  of  any  other  corporation  subject  to 
the  provisions  of  this  Act,  shall  obey,  observe  and  comply 
with  every  order  made  by  the  commission,  under  authority 
of  this  Act,  so  long  as  the  same  shall  be  and  remain  in 
force.  Any  common  carrier,  railroad  corporation  or  street 
railroad  corporation,  which  shall  violate  any  provisions 
of  this  Act,  or  which  fails,  omits  or  neglects  to  obey,  ob- 
eerve  or  comply  with  any  order,  or  any  direction  or  require- 


ment of  the  commission,  shall  forfeit  to  the  State  of  Mary- 
land a  sum  not  to  exceed  the  sum  of  $5,000  for  each  and 
every  offense;  every  violation  of  any  such  order  or  direc- 
tion or  requirement,  or  of  this  Act,  shall  be  a  separate  and 
distinct  offense,  and,  in  case  of  a  continuing  violation, 
every  day's  continuance  thereof  shall  be  and  be  deemed  to 
be  a  separate  and  distinct  offense. 

Abetting  violations.  Every  person,  officer  and  agent  of 
any  such  common  carrier,  railroad  corporation  or  street 
railroad  corporation  who  shall  violate,  or  who  procures,  aids 
or  abets  any  violation  by  any  such  common  carrier  or 
corporation  of  any  provision  of  this  Act,  or  who  shall  fail 
to  obey,  observe  and  comply  with  any  order  of  the  com- 
mission, or  any  provision  of  an  order  of  the  commission,  or 
who  procures,  aids  or  abets  any  such  common  carrier  in 
its  failure  to  obey,  observe  and  comply  with  any  such 
order  or  provision,  shall  be  guilty  of  a  misdemeanor. 

Court  proceedings  to  enforce  observance  or  to  prevent 
violations.  Whenever  the  commission  shall  be  of  the  opin- 
ion that  a  common  carrier,  railroad  corporation  or  street 
railroad  corporation,  or  other  corporation,  subject  to  its 
supervision,  is  failing  or  omitting,  or  about  to  fail  or  omit, 
to  do  anything  required  of  it  by  law,  or  by  order  of  the 
commission,  or  is  doing  anything,  or  about  to  do  anything, 
or  permitting,  anything  or  about  to  permit  anything  to  be 
done,  contrary  to  or  in  violation  of  law  or  of  any  order  of 
this  commission,  it  shall  direct  the  general  counsel  to  tie 
commission  to  commence  an  action  or  proceeding  before 
one  of  the  judges  of  the  Supreme  Bench  of  Baltimore  City 
or  in  the  Circuit  Court  of  the  county  in  which  such  corio- 
ration  has  its  principal  place  of  business,  or  carries  on  its 
business,  in  the  name  of  the  commission,  for  the  purpose 
of  having  such  violations  or  threatened  violations  stoppsd 
and  prevented,  either  by  mandamus  or  injunction.  Counsel 
to  the  commission  shall  thereupon  begin  such  action  )r 
proceeding  by  a  petition  to  and  in  any  of  the  said  coun  s, 
as  the  case  may  require,  alleging  the  violation  or  threi  t- 
ened  violation  complained  of,  and  praying  for  approprla  e 
relief  by  way  of  mandamus  or  injunction.  It  shall  theie- 
upon  be  the  duty  of  the  court  to  specify  the  time,  not  ex- 
ceeding 20  days  after  service  of  the  petition,  within  whi  h 
the  common  carrier,  railroad  corporation  or  street  railroi  d 
corporation  complained  of  must  answer  the  petition.  n 
case  of  default  in  answer,  or  after  answer,  the  court  sht  11 
immediately  Inquire  into  the  facts  and  circumstances  n 
such  manner  as  the  court  may  direct,  without  other  ■  r 
formal  pleadings,  and  without  respect  to  any  technical  i  ;- 
quirement.  Such  other  persons  or  corporations  as  tl  e 
court  shall  deem  necessary  or  proper  to  join  as  parties  n 
order  to  make  its  order,  judgment  or  writs  effective,  mi  y 
be  joined  as  parties  upon  application  of  counsel  to  tl  e 
commission.  The  final  judgment  in  any  such  action  or  pr  > 
ceeding  shall  either  dismiss  the  action  or  proceedings  )r 
direct  that  a  writ  of  mandamus  or  an  injunction  issue,  is 
prayed  for  in  the  petition  or  in  such  modified  or  other  forr  is 
as  the  court  may  determine  will  afford  the  appropriate  } 
lief.  I 

Violations  by  corporations  other  than  carriers.  AS 
corporation,  other  than  a  common  carrier,  which  shall  vi> 
late  any  provision  of  this  Act.  or  shall  fail  to  obey,  obser'  e 
and  comply  with  every  order  made  by  the  commissi(  n 
under  authority  of  this  Act,  so  long  as  the  same  shall  be 
and  remain  in  force,  shall  forfeit  to  the  State  of  Marylai  d 
a  sum  not  exceeding  $1,000  for  each  and  every  offens;; 
every  such  violation  shall  be  a  separate  and  distin  ;t 
offense,  and  the  penalty  or  forfeiture  thereof  shall  be  le- 
covered  in  an  action  as  provided  in  this  section  of  this  A<  t. 

Violations  by  individuals  and  officers.  Every  perSDn 
who,  either  individually  or  acting  as  an  officer  or  agent  of 
a  corporation  or  person,  other  than  a  common  carrier,  rail- 
road corporation  or  street  railroad  corporation,  shall  vio- 
late any  provision  of  this  Act,  or  fail  to  obey,  observe  Dr 
comply  with  any  order  made  by  the  commission  und3r 
this  Act,  so  long  as  the  same  shall  be  or  remain  in  force, 
or  who  shall  procure  or  aid  or  abet  any  such  corporation 
or  person  in  a  violation  of  this  Act,  or  in  a  failure  to  obey, 
observe  or  comply  with  any  such  order,  shall  be  guilty  of  a 
misdemeanor. 

Acts  of  directors  and  officers  deemed  acts  of  corpora- 
tions. In  construing  and  enforcing  the  provision  of  this 
Act  relating  to  forfeitures  and  penalties,  the  act  of  any 
director,  officer  or  other  person  acting  for  or  employed  by 


IS 

i 


Public  Seuvick  Laws 


651 


any  common  carrier,  railroad  corporation,  street  railroad 
corporation  or  other  corporation  subject  to  this  Act,  acting 
within  the  scope  of  his  official  duties  or  employment,  shall 
be  in  every  case  and  be  deemed  to  be  the  act  of  such 
common  carrier  or  corporation  or  person. 

Actions  to  recover  penalties — Other  penalties  not  waived 
— Pendency  of  proceedings  to  set  aside  order.  An  action  to 
I  recover  a  penalty  or  a  forfeiture  under  this  Act  may  be 
I  brought  in  any  court  of  competent  jurisdiction  in  this 
State  in  the  name  of  the  State  of  Maryland,  and  shall  be 
commenced  and  prosecuted  to  final  judgment  by  counsel 
to  the  commission.  In  any  such  action  all  penalties  and 
forfeitures  incurred  up  to  the  time  of  commencing  the 
same  may  be  sued  for  and  recovered  therein  and  the 
commencement  of  the  action  to  recover  a  penalty  or  for- 
feiture shall  not  be,  or  be  held  to  be,  a  waiver  of  the  right 
to  recover  any  other  penalty  or  forfeiture;  if  the  defend- 
ant in  such  action  shall  prove  that  during  any  portion  of 
the  time  for  which  it  is  sought  to  recover  penalties  or  for- 
feitures for  a  violation  of  an  order  of  the  commission  the 
defendant  was  actually  and  in  good  faith  prosecuting  a 
suit,  action  or  proceeding  in  the  courts  to  set  aside  such 
order,  the  court  shall  remit  the  penalties  or  forfeitures  in- 
curred during  the  pendency  of  such  suit,  action  or  proceed- 
ing. All  moneys  recovered  in  any  such  action,  together 
with  the  costs  thereof,  shall  be  paid  to  the  State  treasurer, 
except  one-fourth  of  the  moneys  recovered  (exclusive  of 
costs),  which  shall  be  paid  to  the  mayor  and  city  council 
of  Baltimore. 

AS    TO   INTERSTATE    TRAFFIC. 

And  6e  it  further  enacted: 

Interstate  rates — Petition  to  Interstate  Commerce  Com- 
mission. §  29.  That  the  commission  may  investigate 
freight  rates  on  interstate  traffic  of  common  carriers  within 
the  State,  and  when  such  rates  are,  in  the  opinion  of  the 
commission,  excessive  or  discriminatory,  or  are  levied  or 
laid  in  violation  of  the  interstate  commerce  law,  or  in  con- 
flict with  the  ruling,  orders  or  regulations  of  the  Interstate 
Commerce  Commission,  the  commission  may  apply  by 
petition  to  the  Interstate  Commerce  Commission  for  re- 
lief, or  may  present  to  the  Interstate  Commerce  Commis- 
sion all  facts  coming  to  its  knowledge,  as  to  violation  of 
the  rulings,  orders  or  regulations  of  that  commission,  or 
as  violations  of  the  interstate  commerce  law. 
And  be  it  further  enacted: 

Valuations  of  property — Experts — Report  to  legislature— 
What  valuation  shall  show — Effect  on  bonds.  §  30.  That 
the  comm.ission  shall,  whenever  it  may  deem  it  desirable 
to  do  so,  investigate  and  ascertain  the  fair  value  of  prop- 
erty of  any  corporation  subject  to  the  provisions  of  this 
Act  and  used  by  it  for  the  convenience  of  the  public.  For 
the  purpose  of  such  investigation  the  commission  is  au- 
thorized to  employ  such  engineers,  experts  and  other  as- 
sistants as  may  be  necessary.  Such  investigations  shall 
be  prosecuted  with  diligence  and  thoroughness,  and  the 
results  thereof  reported  to  the  legislature  at  each  regular 
session.  Such  valuation  shall  show  the  value  of  the  prop- 
erty of  every  such  corporation  as  a  whole,  and  the  value 
of  its  property  in  each  of  the  several  counties  and  munici- 
palities within  the  State  of  Maryland.  Every  such  valua- 
tion shall  be  so  made  and  ascertained  by  the  commission 
that  as  far  as  possible  it  shall  not  disturb  the  value  of 
bonds  of  any  of  said  corporations  issued  prior  to  the  pas- 
sage of  this  Act. 

Corporations  to  furnish  maps,  contracts,  etc. — Valua- 
tion of  extensions  and  improvements — Revisions.  Every 
such  corporation  shall  furnish  to  the  commission  from 
time  to  time,  and  as  the  commission  may  require,  maps, 
profiles,  contracts,  reports  of  engineers  and  other  docu- 
ments, records  and  papers,  or  copies  of  any  and  all  of  the 
same,  in  aid  of  such  investigation,  and  to  determine  the 
value  of  the  property  of  such  corporation  used  for  the 
public  service,  and  every  such  corporation  is  required  to 
co-operate  with  the  commission  in  the  work  of  the  valua- 
tion of  its  property  in  such  further  particulars  and  to  such 
extent  as  the  commission  may  reasonably  direct.  The  com- 
mission shall  thereafter,  in  like  manner,  keep  itself  In- 
formed of  all  extensions  and  improvements  or  other 
changes  in  the  condition  of  the  property  of  the  said  corpo- 
rations and  ascertain  the  fair  value  thereof,  and  from  time 
to  time,  as  may  be  required  for  the  regulation  of  corpora- 
tions under  the  provisions  of  this  Act,  revise  and  correct 


its  valuation  of  the  property  of  such  corporations.  To  en- 
able the  commission  to  make  such  changes  and  corrections 
in  its  valuation,  every  corporation  subject  to  the  provisions 
of  this  Act  is  hereby  required  to  report  currently  to  the 
commission,  and  as  the  commission  may  require,  all  im- 
provements and  changes  in  its  property  and  to  file  with 
the  commission  copies  of  all  contracts  for  such  improve- 
ments at  the  time  same  are  executed. 

Commission  to  notify  corporations  of  valuations — Final. 
if  no  protest — Hearings — Final  valuation — Prima  facie  evi- 
dence of  value.  Whenever  the  commission  shall  have  com- 
pleted the  valuation  of  property  of  any  such  corporation 
and  before  such  valuation  shall  become  final,  the  commis- 
sion shall  give  notice  in  the  manner  prescribed  in  this  Act 
for  the  service  of  a  copy  of  an  order  upon  such  corpora- 
tions, to  the  company  or  companies  owning  or  operating 
such  property,  stating  the  valuation  placed  upon  the  sev- 
eral lines  of  roads  or  classes  of  property  of  the  said  com- 
pany used  by  it  for  the  convenience  of  the  public,  and  shall 
allow  the  company  or  companies  a  reasonable  time  in 
which  to  file  a  protest  of  same  with  the  commission.  If  no 
protest  Is  filed  within  such  time  such  valuation  shall  be 
come  final.  If  notice  of  contest  is  filed  by  any  such  cor- 
poration, the  commission  shall  fix  a  time  for  hearing  of  the 
same,  and  shall  proceed  as  promptly  as  may  be  possible 
to  hear  and  consider  any  matter  relative  and  material 
thereto  which  may  be  presented  in  support  of  said  protest. 
If  after  hearing  any  contest  of  such  valuation,  under  the 
provisions  of  this  Act,  the  commission  is  of  the  opinion 
that  the  tentative  valuation  is  incorrect,  it  shall  make  such 
changes  as  shall  make  the  same  a  fair  valuation  of  such 
property  and  shall  Issue  an  order  to  make  such  corrected 
valuation  final.  All  final  valuations  by  the  commission 
shall  be  prima  facie  evidence  of  the  value  of  said  property 
In  proceedings  had  In  pursuance  of  this  Act. 
And  be  it  further  enacted: 

Applicability  of  Act  to  gas  and  electricity.  §  31.  That 
this  Act  shall  apply  to  the  manufacture  and  furnishing  of 
gas  for  light,  heat  or  power,  and  the  furnishing  of  natural 
gas  for  light,  heat  or  power,  and  the  generation,  furnishing 
and  transmission  of  electricity  for  light,  heat  or  power. 

SAFE   AND  ADEQUATE  SERVICE JUST  AND  REASONABLE   CHARGES. 

UNJUST    DISCRIMINATION — UNREASON^ABLE   PREFERE.NCE. 

Oas  and  electric  corporations — Safe  and  adequate  service 
—Reasonable  charges.  §  31i^.  Every  gas  corporation  and 
every  electrical  corporation  shall  furnish  and  provide  such 
service,  instrumentalities  and  facilities  as  shall  be  reason- 
ably safe  and  adequate  and  in  all  respects  just  and  reason- 
able. All  charges  made  or  demanded  by  any  such  gas  cor- 
poration and  electrical  corporation  for  gas,  electricity  or 
any  service  rendered  or  to  be  rendered,  shall  be  just  and 
reasonable  and  not  more  than  allowed  by  law  or  by  order 
of  the  commission;  and  all  Acts  or  parts  of  Acts  hereto- 
fore passed  and  now  existing,  prescribing  or  limiting  the 
price  at  which  any  gas  corporation  or  electrical  corpora- 
tion, or  any  other  corporation  subject  to  this  Act,  may  fur- 
nish, sell  or  dispose  of  its  gas  or  electricity  or  other 
product  or  utility  are  hereby  repealed.  It  being  the  intent 
of  this  Act  that  the  powers  of  the  commission  herein 
created  to  ascertain  the  price  of  such  gas  or  electricity  or 
other  product  of  utility  as  provided  for  herein,  shall  super- 
sede all  such  Acts  or  parts  of  Acts  aforesaid.  Every  un- 
just or  unreasonable  charge  made  or  demanded  for  gas, 
electricity  or  any  such  service,  or  in  connection  therewith, 
or  in  excess  of  that  allowed  by  law  or  by  the  order  of  the 
commission,  is  prohibited. 

Special  rates,  rebates  and  drawbacks  prohibited.  No  gas 
corporation  or  electrical  corporation  shall  directly  or  in- 
directly, by  any  special  rate,  rebate,  drawback  or  other 
device  or  method,  charge,  demand,  collect  or  receive  from 
any  person  or  corporation  a  greater  or  less  compensation 
for  gas  or  electricity,  or  for  any  service  rendered,  or  to  be 
rendered  or  in  connection  therewith,  except  as  authorized 
In  this  Act,  than  It  charges,  demands,  collects  or  receives 
from  any  other  person  or  corporation  for  doing  a  like  and 
contemporaneous  service  with  respect  thereto,  under  the 
same  or  substantially  similar  circumstances  or  conditions. 

Unreasonable  preferences  and  prejudices  prohibited.  No 
gas  corporation  or  electrical  corporation  shall  make  or 
grant  any  undue  or  unreasonable  preference  or  advantage 
to  any  person,  corporation  or  locality,  or  to  any  particular 


652 


National  Association  of  Kailway  Commissioners 


description  of  service  in  any  respect  whatsoever,  or  sub- 
ject any  particular  person,  corporation  or  locality  or  any 
particular  description  of  service  to  any  undue  or  unrea- 
sonable prejudice  or  disadvantage  in  any  respect  whatso- 
ever. 

Sliding  scale  of  charges  permitted.  Nothing  in  this 
chapter  shall  be  taken  to  prohibit  a  gas  or  an  electrical 
corporation  from  establishing  a  sliding  scale  for  the  auto- 
matic adjustment  of  charges  for  gas,  electricity  or  any 
service  rendered,  or  to  be  rendered,  and  the  dividends  to 
be  paid  to  stockholders  of  such  gas  corporation  or  elec- 
trical corporation,  provided  that  the  sliding  scale  shall  have 
been  filed  with  the  proper  commission;  but  nothing  in  this 
subdivision  shall  operate  to  prevent  the  commission  from 
fixing  proper,  just  and  reasonable  rates  and  charges  to  be 
made  for  service,  as  authorized  in  this  article. 

General  supervision  over  gas  and  electric  corporations. 
§  31%.  The  commission  shall  have  the  general  supervi- 
sion of  all  persons  and  gas  corporations  and  electrical  cor- 
porations and  corporations  having  authority  under  any  gen- 
eral or  special  law,  or  under  any  charter  or  franchise,  to 
lay  down,  erect  or  maintain  wires,  pipes,  conduits,  ducts 
or  other  fixtures  in,  over  or  under  the  streets,  highways 
and  public  places  of  any  municipality,  for  the  purpose  of 
furnishing  or  distributing  gas,  both  natural  and  artificial, 
or  of  furnishing  or  transmitting  electricity  tor  light,  heat 
or  power,  or  maintaining  underground  conduits  or  ducts 
tor  electrical  conductors. 

Quality  of  gas — Methods  of  delivery  and  transmission — 
Improvements.  Investigate  and  ascertain,  from  time  to 
time,  the  quality  of  gas  supplied  by  persons  and  corpora- 
tions, examine  the  methods  employed  by  such  persons, 
corporations,  in  manufacturing,  selling,  delivering  or  sup- 
plying gas  or  electricity  for  light,  heat  or  power,  and  in 
transmitting  the  same,  and  have  power  to  order  such  im- 
provements as  will  best  promote  the  public  interest,  pre- 
serve the  public  health  and  protect  those  using  such  gas 
or  electricity  and  those  employed  in  the  manufacture  and 
distribution  thereof,  or  in  the  maintenance  and  operation 
of  the  works,  wires,  poles,  lines,  conduits,  ducts  and  sys- 
tems in  connection  therewith. 

Standard  illuminating  power  and  purity — Incandescent 
lighting — Methods — Access  to  plants — Information  not  to 
he  divulged.  Have  power  by  order  to  fix  the  standard 
illuminating  power  and  purity  of  gas,  not  less  than  that 
prescribed  by  law,  both  natural  gas  and  gas  to  be  manu- 
factured, distributed  or  sold  by  persons,  corporations, ^for 
lighting,  heatjng  or  power  purposes,  and  to  prescribe  meth- 
ods of  regulation  of  the  electric  supply  system  as  to  the 
use  for  incandescent  lighting,  and  fix  the  initial  efficiency 
of  incandescent  lamps  furnished  by  the  persons,  corpora- 
tions, generating  and  selling  electric  current  for  lighting, 
and  by  order  to  require  the  gas  so  manufactured,  distrib- 
uted or  sold  to  equal  the  standard  so  fixed  by  it,  and  to 
establish  regulations  as  to  pressure  at  which  gas  shall  be 
delivered,  for  the  purpose  of  determining  whether  the  gas 
manufactured,  distributed  or  sold  by  such  persons  or  cor- 
porations for  lighting,  heating  or  power  purposes  conforms 
to  the  standard  of  illuminating  power  and  purity,  and,  of  its 
own  motion,  examine  and  investigate  the  methods  em- 
ployed in  bringing  in,  obtaining,  manufacturing,  delivering 
and  supplying  gas,  and  shall  have  access  through  its  mem- 
bers or  persons  employed  and  authorized  by  it  to  make  such 
examinations  and  investigations  to  all  parts  of  the  manu- 
facturing plants  owned,  used  or  operated  for  the  manu- 
facture, transmission  or  distribution  of  gas  or  electricity 
by  any  such  person  or  corporation.  Any  employe  or  agent 
of  the  commission  who  divulges  any  fact  or  information 
which  may  come  to  his  knowledge  during  the  course  of 
any  such  inspection  or  examination,  except  in  so  far  as 
he  may  be  directed  by  the  commission,  or  by  a  court  or 
judge  thereof,  or  authorized  by  law,  shall  be  guilty  of  a 
misdemeanor. 

Valuation.  Have  full  and  plenary  power  to  value  the 
plant,  property,  appurtenances,  assets  and  franchises  of 
such  corporations. 

Uniform  accounts.  Have  power,  in  its  discretion,  to 
prescribe  uniform  methods  of  keeping  accounts,  records 
and  books,  to  be  observed  by  the  persons,  gas  corporations 
and  electrical  corporations  engaged  in  the  manufacture, 
sale  and  distribution  of  gas  and  electricity  for  light,  heat 
or  power. 


Keep  informed  as  to  methods.  Examine  all  persons  and 
corporations  under  its  supervision,  keep  informed  as  to 
the  methods  employed  by  them  in  the  transaction  of  their 
business  and  see  that  their  property  is  maintained  and 
operated  for  the  security  and  accommodation  of  the  public 
and  in  compliance  with  the  provisions  of  the  law  and  of 
their  franchises  and  charters. 

Annual  reports — Contents  of.  Require  every  person  and 
corporation  under  its  supervision  to  submit  to  it  an  an- 
nual report,  verified  by  the  oath  of  the  president,  treasurer 
or  general  manager  thereof,  showing  in  detail:  (1)  The 
amount  of  its  authorized  capital  stock  and  the  amount 
thereof  issued  and  outstanding;  (2)  the  amount  of  its  au- 
thorized bonded  indebtedness  and  the  amount  of  its  bonds 
and  other  forms  of  evidence  of  indebtedness  issued  and 
outstanding;  (3)  its  receipts  and  expenditures  during  the 
preceding  year;  (4)  the  amount  paid  as  dividends  upon  its 
stock  and  as  interest  upon  its  bonds;  (5)  the  names  and 
amounts  paid  as  salary  to  each  officer,  and  the  amounts 
paid  as  wages  to  its  employes;  (6)  the  location  of  its  plant 
or  plants  and  system,  with  a  full  description  of  its  prop- 
erty and  franchises,  stating  in  detail  how  each  franchse 
stated  to  be  owned  was  acquired;  and  (7)  such  other  facts 
pertaining  to  the  operating  and  maintenance  of  the  plant 
and  system  and  the  affairs  of  such  persons  or  corporation 
as  may  be  required  by  the  commission.  Such  reports  shall 
be  in  the  form,  cover  the  period  and  be  submitted  at  tlie 
time  prescribed  by  the  commission.  The  commission  mi.y, 
from  time  to  time,  make  changes  and  additions  in  such 
forms,  giving  to  the  persons,  corporations  and  municipEli- 
ties  six  months'  notice  before  the  time  fixed  by  the  con- 
mission  as  the  expiration  of  the  fiscal  year  of  any  changes 
or  additions  which  would  require  any  alteration  in  tie 
method  or  form  of  keeping  their  accounts  for  the  ensui  ig 
year.  When  such  report  is  defective  or  believed  to  )e 
erroneous  the  commission  shall  notify  the  person,  corpoi  a- 
tion  making  such  report  to  amend  the  same  within  30  da;  s. 
Any  such  person  or  corporation  which  shall  neglect  to  ma  ;e 
any  such  report  within  the  time  specified  by  the  comm  s- 
sion,  or  which  shall  fail  to  correct  any  such  report  within 
30  days  after  notice  shall  be  liable  to  a  penalty  of  $1(0, 
and  an  additional  penalty  of  $100  for  each  day  after  t  le 
prescribed  time  for  which  it  shall  neglect  to  file  or  corre  ;t 
the  same,  to  be  sued  for  in  the  name  of  the  State  of  Mai  v- 
land.  The  amount  recovered  in  any  such  action  shall  e 
paid  to  the  State  treasury,  V4,  thereof,  however,  to  be  pa  d 
to  the  mayor  and  city  counsel  of  Baltimore.  The  comm  3- 
sion  may  extend  the  time  herein  limited  for  cause  showi. 

Inspect  plants,  etc.  Have  power,  either  through  :  ts 
members  or  inspectors  or  employes,  duly  authorized  by  t, 
to  enter  in  or  upon  and  to  inspect  the  property,  buildings, 
plants,  factories,  power-houses  and  officers  of  any  su 
corporations  or  persons. 

Examine  books,  etc.     Have  power  to  exanime  the  bod 
and  affairs  of  any  such  corporation,  person  and  to  compjl 
the  production  before  it  of  books  and  papers  pertaining 
the  affairs  being  Investigated  by  it. 

Subpcena   witnesses,   etc.     Have   power,   whether    as' 
commission  or  through  its  members,  to  subpoena  witnesse  s, " 
take  testimony  and  administer  oaths  to  witnesses  in  ai  y 
proceeding   or    examination    instituted    before    it,    or    coa- 
ducted  by  it  in  reference  to  any  matter  within   its  jur  1 
diction  under  this  article. 


in§  3, 
00  ffl 


i\ 


3  ccr 


Inspectors  of  meters — Duties.  The  commission  shalll 
point  inspectors  of  gas  and  electric  meters,  whose  duty  i^ 
shall  be  to  inspect,  examine,  prove  and  ascertain  the 
curacy  of  any  and  all  gas  meters  used  or  intended  toj 
used  for  measuring  or  ascertaining  the  quantity  of  illu 
nating  or  fuel  gas,  or  natural  gas,  furnished  by  any  gas 
poration  to  or  for  the  use  of  any  person,  and  any  and  f  U 
electric  meters  used  or  intended  to  be  used  for  measuring 
and  ascertaining  the  quantity  of  electrical  current  fur- 
nished for  light,  heat  and  power  by  any  electrical  corpora- 
tion to  or  for  the  use  of  any  person  or  persons,  and  when 
found  to  be  or  made  to  be  correct,  the  inspector  shall  stamp 
or  mark  all  such  meters  and  each  of  them  with  some  su  t- 
able  device,  which  device  shall  be  recorded  in  the  office  of  ,, 
the  secretary  of  State.  jifli 

No  meters  to  be  used  without  inspection.     No  corpJ|^| 
tion  or  person  shall  furnish  or  put  in  use  any  gas  meter." 
which  shall  not  have  been   inspected,   proved  and   sealed, 
or  any  electric  meter  which  shall  not  have  been  inspected, 


PriiMc  SicuvicE  Laws 


653 


approved,  stamped  or  marked  by  an  inspector  of  the  com- 
mission. Every  gas  and  electric  corporation  shall  provide 
and  keep  in  and  upon  Its  premises  a  suitable  and  proper 
apparatus,  to  be  approved  and  stamped  or  marked  by  the 
commission,  for  testing  and  proving  the  accuracy  of  gas 
and  electric  meters  furnished  by  it  for  use,  and  by  which 
apparatus  every  meter  may  and  shall  be  tested,  on  the 
written  request  of  the  consumer  to  whom  the  same  shall 
be  furnished,  and  in  his  presence  if  he  desires  it. 
AnA  be  it  further  enacted: 

Inspections  on  complaints  of  consumers.  §  32.  That  it 
any  consumer  to  whom  a  meter  has  been  furnished  shall 
request  the  commission  to  inspect  such  meter,  the  com- 
mission shall  have  the  same  inspected  and  tested;  if  the 
same,  on  being  tested,  shall  be  found  to  be  4  per  cent,  it 
an  electric  meter,  or  2  per  cent,  if  a  gas  meter,  defective 
or  Incorrect,  to  the  prejudice  of  the  consumer,  the  inspector 
shall  order  the  gas  or  electrical  corporation  forthwith  to 
remove  the  same  and  to  place  instead  thereof  a  correct 
meter,  and  the  expense  of  such  inspection  and  test  shall 
be  borne  by  the  corporation;  if  the  same,  on  being  so 
tested,  shall  be  found  to  be  correct,  the  expense  of  such 
inspection  and  test  shall  be  borne  by  the  consumer.  A 
uniform  reasonable  charge  shall  be  fixed  by  the  commis- 
sion for  this  service. 
And  be  it  further  enacted: 

Approval  by  commission  before  construction  or  exercise 
of  franchises — Papers  to  be  filed  with  application — Munici- 
pal plants.  §  33.  That  no  gas  corporation  or  electrical 
corporation  incorporated  under  the  laws  of  this  or  any 
other  State  shall  begin  construction  or  exercise  any  right 
or  privilege  under  any  franchise  hereafter  granted  or  un- 
der any  franchise  heretofore  granted  but  not  heretofore 
actually  exercised,  without  first  having  obtained  the  per- 
mission and  approval  of  the  commission.  Before  such  cer- 
tificate shall  be  issued  a  certified  copy  of  the  charter  of 
such  occupation  shall  be  filed  in  the  office  of  the  commis- 
sion, together  with  a  verified  statement  of  the  president  and 
secretary  of  the  corporation,  showing  that  it  has  received 
the  required  consent  of  the  proper  municipal  authorities. 
No  municipality,  except  the  mayor  and  city  council  of  Balti- 
more, shall  build,  maintain  and  operate  for  other  than 
municipal  purposes  any  works  or  systems  for  the  manu- 
facture and  supplying  of  gas  or  electricity  for  lighting  pur- 
poses without  a  certificate  of  authority  granted  by  the 
commission.  If  the  certificate  of  authority  is  refused,  no 
further  proceedings  shall  be  taken  before  the  commission, 
but  a  new  application  may  be  made  therefore  after  one  year 
from  the  date  of  refusal. 

.\PPR0VAL   OF   ISSUES   OF   STOCKS,   ETC. 

And  be  it  further  enacted: 

Issue  of  stocks  and  bonds — Purposes  of — Authority  of 
commission.  §  34.  That  a  gas  corporation  or  electrical  cor- 
poration organized  or  existing,  or  hereafter  incorporated, 
under  or  by  virtue  of  the  laws  of  the  State  of  Maryland, 
may  issue  stocks,  bonds,  notes  or  other  evidences  of  in- 
debtedness payable  at  periods  of  more  than  12  months 
after  the  date  thereof,  when  necessary  for  the  acquisition 
of  property,  the  construction,  completion,  extension  or  im- 
provement of  its  plant  or  distributing  system,  or  for  the 
improvement  or  maintenance  of  its  service  or  for  the  dis- 
charge or  lawful  refunding  of  its  obligations;  provided,  and 
not  otherwise,  that  there  shall  have  been  secured  from  the 
commission  an  order  authorizing  such  issue,  and  the 
amount  thereof,  and  stating  that  in  the  opinion  of  the 
commission,  the  use  of  the  capital  to  be  secured  by  the 
issue  of  such  stock,  bonds,  notes  or  other  evidences  of  in- 
debtedness is  reasonably  required  for  the  said  purposes 
of  the  corporation.  For  the  purpose  of  enabling  it  to  deter- 
mine whether  or  not  it  should  issue  such  an  order,  the 
commission  shall  make  such  inquiry  or  investigation,  hold 
such  hearings  and  examine  such  witnesses,  books,  papers, 
documents  or  contracts  as  it  may  deem  of  importance  in 
enabling  it  to  reach  a  determination. 

Notes  due  in  less  than  12  months — What  cannot  be  capi- 
talized— Franchises — Stock  of  consolidated  corporation — 
Contracts  for  consolidation  or  lease  not  to  be  capitalized. 
Such  gas  corporation  or  electrical  corporation  may  issue 
notes,  for  proper  corporate  purposes,  and  not  in  violation 
of  any  provision  of  this  or  any  other  Act,  payable  at  periods 
of  not  more  than  12  months  without  such  consent;  but  no 


such  notes  shall,  in  whole  or  in  part,  directly  or  indi- 
rectly, be  refunded  by  any  issue  of  stock  or  bonds  or 
by  any  evidence  of  indebtedness  running  for  more  than 
12  mcnths  without  the  consent  of  the  commission;  pro- 
vided, however,  that  the  commission  shall  have  no  power 
to  authorize  the  capitalization  o(  any  franchise  to  be  a 
corporation  or  to  authorize  the  capitalization  of  any 
franchise  or  the  right  to  own,  operate  or  enjoy  any 
franchise  whatsoever  in  excess  of  the  amount  (ex- 
clusive of  any  tax  or  annual  charge)  actually  paid  to 
the  State  or  any  political  subdivision  thereof  as  the 
consideration  for  the  grants  of  such  franchise  or  right. 
Nor  shall  the  capital  stock  of  a  ccrporation  formed  by 
the  merger  or  consolidation  of  two  or  more  other  cor- 
porations exceed  the  sum  of  the  capital  stock  of  the 
corporations  so  consolidated,  at  the  par  value  thereof, 
or  such  sum  and  any  additional  sum  actually  paid  in 
cash,  nor  shall  any  contract  for  consolidation  or  lease 
be  capitalized  in  the  stock  of  any  corporation  whatever, 
nor  shall  any  corporation  hereafter  issue  any  bonds 
against  a  lien  upon  any  contract  for  consolidation  or 
merger. 

APPROVAL   OF   TRANSFER   OF    FRANCHISE. 

And  be  it  further  enacted: 

Transfer  of  franchises  to  be  approved— Lapsed  and  in- 
valid franchises  not  validated.  §  35.  That  no  gas  corpo- 
ration or  electrical  corporation  shall  transfer  or  lease. its 
franchise,  works  or  system,  or  any  part  of  such  franchise, 
works  or  system  to  any  other  person  or  corporation  or 
contract  for  the  operation  of  its  works  and  system, 
without  the  written  consent  of  the  commission.  The 
permission  and  approval  of  the  commission  to  the  exer- 
cise of  a  franchise  under  this  Act,  or  to  the  assign- 
ment, transfer  or  lease  of  a  franchise  under  this  section 
shall  not  be  construed  to  revive  or  validate  any  lapsed 
or  invalid  franchise  or  to  enlarge  or  add  to  the  powers 
and  privileges  contained  in  the  grant  of  any  franchise 
or  to  waive  any  forfeiture. 

Power  of  gas  and  electric  corporations  to  hold  stock — 
Collateral  security  —  Ten  per  cent  —  Transfers  in  violation 
hereof  void.  No  such  corporation  shall  directly  or  indi- 
rectly acquire  the  stock  or  bonds  of  any  other  corporation 
incorporated  for  or  engaged  in  the  same  or  a  similar 
business,  or  proposing  to  operate  or  operating  under  a 
franchise  from  the  same  or  any  other  municipality,  unless 
authorized  to  do  so  by  the  commission.  Save  where 
stock  shall  be  transferred  or  held  for  the  purpose  of 
collateral  security  only  with  the  consent  of  the  com- 
mission, no  stock  corporation  of  any  description,  domestic 
cr  foreign,  other  than  a  gas  or  electrical  corporation, 
shall  purchase  or  acquire,  take  or  hold,  more  than  10 
per  centum  of  the  total  capital  stock  issued  by  any  gas 
corporation  or  electrical  corporation  organized  or  exist- 
ing under  or  by  virtue  of  the  laws  of  this  State.  Nothing 
herein  contained  shall  be  construed  to  prevent  the  holding 
of  stock  heretofore  lawfully  acquired.  Every  contract, 
assignment,  transfer,  agreement  for  transfer  of  any 
slock  by  or  through  any  person  or  corporation  to  any 
corporation  in  violation  of  any  provision  of  this  Act 
shall  be  void  and  of  no  effect,  and  no  such  transfer  or 
assignment  shall  be  made  upon  the  books  of  any  such 
gas  corporation  or  electrical  corporation,  or  shall  be 
recognized    as    effective    for   any    purpose. 

COMPLAINTS   AS  TO  QUALITY  AND  PRICE — INVESTIGATION — FORMS 
OF  COMPLAINTS.     ' 

And  be  it  further  enacted: 

Complaints  by  municipality  or  customers  as  to  price, 
etc. — Investiqation—Form  of  complaints.  %  36.  That  upon 
the  complaint  in  writing  of  the  mayor  or  chief  executive 
Official,  or  officials,  of  a  municipality  or  county  in  which 
a  person  or  corporation  is  authorized  to  manufacture 
sell  or  supply  gas  or  electricity  for  heat,  light  or  power,' 
or,  upon  the  complaint  in  writing  of  not  less  than  one 
hundred  customers  or  purchasers  of  such  gas  or  elec- 
tricity, either  as  to  the  illuminating  power,  purity,  pres- 
sure or  price  of  gas  or  the  initial  efficiency  of  the 
electric  incandescent  lamp  supply,  or  the  regulaticn  of 
the  voltage  of  the  supply  system  used  for  incandescent 
lighting,  or  price  of  electricity  sold  and  delivered  in  such 
municipality  or  county,  the  commission  shall  investigate 
as  to  the  cause  for  such  ccmplaint.     When  such  complaint 


654 


jSTational  Association  of  Eailway  Commissioners 


1 


Is  made,  the  commission  may,  by  its  agents,  examiners 
and  inspectors,  inspect  the  works,  system,  plant  and 
methods  used  by  such  person  or  corporation  in  manu- 
facturing, transmitting  and  supplying  such  gas  or  eleO' 
tricity,  and  may  examine  or  cause  to  be  examined  the 
books  and  papers  of  such  person  or  corporation  per- 
taining to  the  manufacture,  sale,  transmitting  and  supply- 
ing of  such  gas  and  electricity.  The  form  and  contents 
of  complaints  made,  as  provided  in  this  section,  shall  be 
prescribed  by  the  commission.  Such  complaints  shall 
be  signed  by  the  officers,  or  by  the  customers,  pur- 
chasers or  subscribers  making  them,  who  must  add  to 
their  signature  their  places  of  residence,  by  street  and 
number,   if  any. 

NOTICE    AND    HEAKINGS OBDEB    FIXING    PRICE    OF    GAS    OB    ELEC- 

TBICITY    OB   BEQUIRI^•G   IMPBOVEMENT. 

And  he  it  further  enacted: 

Notice  to  corporation  —  Hearing  —  Commission  may  fix 
minimum  price  or  order  improvements- — Maximum  price 
final  until  further  orders — All  facts  to  tie  considered.  §  37. 
That  before  proceeding  under  a  complaint  presented  as 
provided  in  this  Act,  the  commission  shall  cause  notice 
of  such  complaint,  and  the  purpose  thereof,  to  be  served 
upon  the  person  or  corporation  affected  thereby.  Such 
person  cr  corporation  shall  have  an  opportunity  to  be 
heard  in  respect  to  the  matters  complained  of  at  a 
time  and  place  to  be  specified  in  such  notice.  If  an 
investigation  be  instituted  upon  motion  of  the  com- 
mission, the  person  or  corporation  affected  by  the  in- 
vestigation may  be  permitted  to  appear  before  the  com- 
mission at  a  time  and  place  specified  in  the  notice  and 
answer  all  charges  which  may  be  preferred  by  the  com- 
mission. After  a  hearing  and  after  such  investigations 
as  may  have  been  made  by  the  commission  or  its  offi- 
cers, agents,  examiners  or  inspectors,  the  commission, 
within  lawful  limits,  may,  by  order,  fix  the  maximum 
price,  according  to  law  of  gas  and  electricity  to  be 
charged  by  such  corporation  or  person,  or  may  order 
such  Improvement  in  the  manufacture  or  supply  of  such 
gas,  in  the  manufacture,  transmission  or  supply  of  such 
electricity,  or  in  the  methods  employed  by  such  person 
or  corporation  as  will,  in  its  judgment,  justly  and  law- 
fully improve  the  service.  The  price  so  fixed  by  the 
commission  shall  be  the  maximum  price  to  be  charged 
by  such  person  or  corporation  for  gas  or  electricity  in  such 
municipality  or  county  until  the  commission  shall,  upon 
complaint,  as  provided  in  this  section,  or  by  the  cor- 
poration interested,  or  upon  its  application  for  a  new 
adjustment  of  rates  or  upon  an  investigation  conducted 
by  the  commission  on  its  own  motion,  again  fix  the 
maximum  price  according  to  law  of  such  gas  or  elec- 
tricity. In  determining  the  price  to  be  charged  for  gas 
or  electricity  the  commission  may  consider  all  facts 
which,  in  its  judgment,  have  any  bearing  upon  a  proper 
determination  of  the  question,  although  not  set  forth  in 
the  complaint  and  not  within  the  allegations  contained 
therein. 

TRANSFERS    OF    STOCK. 

An  Act  to  add  certain  sections  to  article  23  of  the  Code  of 
Public  General  Laws,  title  "Corporations,"  subtitle 
"Capital  Stock,"  as  amended  by  chapter  240  of  the  Acts 
of  the  general  assembly  of  Maryland  of  1908,  said  sec- 
tions to  follow  immediately  after  §  37  of  said  chapter 
240,  and  to  be  designated  as  §§  37a  to  37x,  both  inclu- 
sive, providing  for  the  transfer  of  shares  of  stock  in 
corporations. 
Be  it  enacted  hy  the  general  assembly  of  Maryland: 

§  1.  That  certain  new  sections  be,  and  the  same  are 
hereby,  added  to  article  23  of  the  Code  of  Public  Gen- 
eral Laws,  title  "Corporations,"  subtitle  "Capital  Stock," 
said  new  sections  to  follow  Immediately  after  §  37  of 
the  Acts  of  1908,  chapter  240,  and  to  be  designated  as 
1 1  37a  to  37x,  both  inclusive,  and  to  read  as  follows: 

§  37a.  That  title  to  a  certificate  and  to  the  shares 
represented    thereby    can    be    transferred    only — 

(a)  By  delivery  of  the  certificate,  indorsed  either  in 
blank  or  to  a  specified  person  by  the  person  appearing 
by  the  certificate  to  be  the  owner  of  the  shares  repre- 
sented thereby;  or 

(b)  By  delivery  of  the  certificate  and  a  separate 
document    containing   a   written    assignment   of   the    cer- 


tificate or  a  power  of  attorney  to  sell,  assign  or  transfer 
the  same  or  the  shares  represented  thereby,  signed  by 
the  person  appearing  by  the  certificate  to  be  the  owner 
of  the  shares  represented  thereby.  Such  assignment  or 
power  of  attorney  may  be  either  in  blank  or  to  a  speci- 
fied  person. 

The  provisions  of  this  section  shall  be  applicable, 
although  the  charter  or  article  of  incorporation,  or  code  of 
regulations,  or  by-laws  of  the  corporation  issuing  the  cer- 
tificate and  the  certificate  itself,  provide  that  the  shares 
represented  thereby  shall  be  transferrable  only  on  tha 
books  of  the  corporation,  or  shall  be  registered  by  a  regis- 
trar, or  transferred  by  a  transfer  agent. 

§  37b.  Nothing  in  this  Act  shall  be  construed  as 
enlarging  the  powers  of  an  infant  or  other  person  lacking 
full  legal  capacity,  or  of  a  trustee,  executor  or  adminis- 
trator, or  other  fiduciary,  to  make  a  valid  Indorsement, 
assignment  or  power  of  attorney. 

§  37c.  Nothing  in  this  Act  shall  be  construed  as 
forbidding  a  corporation. 

(a)  To  recognize  the  exclusive  right  of  a  person  regis- 
tered on  its  books  as  the  owner  of  shares  to  receive  dt 
dends  and  to  vote  as  such  owner,  or 

(b)  To  hold  liable  for  calls  and  assessments  a  persMI 
registered  on  its  books  as  the  owner  of  shares. 

§  37d.     The  title  of  a  transferee  of  a  certificate  und( 
a  power  of  attorney  or  assignment  not  written  upon  tl 
certificate,    and   the    title    of    any   person    claiming    und( 
such  transferee,  shall  cease  and  determine  if,  at  any  tlij 
prior  to  the  surrender  of  the  certificate  to  the  corporati< 
issuing   it,  another  person   for   value   in   good    faith,   ant' 
without  notice  of  the   prior  transfer,  shall  purchase  an( 
obtain  delivery  of  such  certificate,  with  the  indorsement  o ' 
the   person  appearing  by  the  certificate  to  be  the  owne 
thereof,    or   shall    purchase   and   obtain    delivery    of   sucl 
certificate  and  the  written  assignment  or  power  of  attorne; 
of  such  person,  though  contained  in  a  separate  document 

§  37e.  The  delivery  of  a  certificate  to  transfer  title 
in  accordance  with  the  provisions  of  §  37a,  is  effectual 
except  as  provided  in  §  37c,  though  made  by  one  havini 
no  right  of  possession  and  having  no  authority  from  tlu 
owner  of  the  certificate  or  from  the  person  purporting  ■ 
transfer  the  title.  -f 

§  37f.  The  Indorsement  of  a  certificate  by  the  persoi 
appearing  by  the  certificate  to  be  the  owner  of  the  sharei 
represented  thereby  is  effectual,  except  as  provided 
§  37g,  though  the  indorser  or  transferor 

(a)  Was  induced  by  fraud,  duress  or  mistake  to  mal 
the  indorsement  or  delivery  or 

(b)  Has  revoked  the  delivery  of  the  certificate,  or  tl 
authority  given  by  the  indorsement,  or  delivery  of  the  car 
tificate;  or 

(c)  Has  died  or  become  legally  incapacitated  after  th< 
indorsement,  whether  before  or  after  the  delivery  of  tlu 
certificate;  or  ^ 

(d)  Has  received  no  consideration. 
§  37g.     If  the  indorsement  or  delivery  of  a  certific 

(a)  Was  procured  by  fraud  or  duress;  or 

(b)  Was  made   under  such  mistake  as  to  make  t] 
indorsement  or  delivery  inequitable;  or 

If  the  delivery  of  a  certificate  was  made 

(c)  Without  authority  from  the  owner;  or 

(d)  After   the  owner's  death   or  legal   incapacity,  tl 
possession  of  the  certificate  may  be  reclaimed  and   td 
transfer  thereof  rescinded;    unless  * 

(1)  The  certificate  has  been  transferred  to  a  purchase: 
for  value  in  good  faith  without  notice  of  any  facts  makl: 
the  transfer  wrongful;   or 

(2)  The  injured  person  has  elected  to  waive  the  Injui 
or  has  been  guilty  of  laches  in  endeavoring  to  Enforce 
rights. 

Any    court    of    appropriate    jurisdiction    may  "enfoi 
specifically  such  right  to  reclaim  the  possession  of  the 
tificate   or  to   rescind   the   transfer   thereof,   and,    pendi) 
litigation,  may  enjoin  the  further  transfer  of  the  certiflcato 
or  Impound  it. 

§  37hT'  Although  the  transfer  of  a  certificate  or  of 
shares  represented  thereby  has  been  rescinded  or  set 
aside,  nevertheless,  if  the  transferee  has  possession  of  thi3 
certificate  or  of  a  new  certificate  representing  part  or  the 
whole  of  the  same  shares  of  stock,  a  subsequent  transfer 
of  such  certificate  by  the  transferee,  mediately  or  immedi- 
ately, to  a  purchaser  for  value  in  good  faith,  without  notice 


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Public  Service  Laws 


655 


of  any  facts  making  the  transfer  wrongful,  shall  give  such 
purchaser  an  indefeasible  right  to  the  certificate  and  the 
shares  represented  thereby. 

§  37i.  The  delivery  of  a  certificate  by  the  person  appear- 
ing by  the  certificate  to  be  the  owner  thereof,  without  the 
indorsement  requisite  for  the  transfer  of  the  certificate  and 
the  shares  represented  thereby,  but  with  intent  to  transfer 
such  certificate  or  shares,  shall  impose  an  obligation,  in  the 
absence  of  an  agreement  to  the  contrary,  upon  the  person 
so  delivering  to  complete  the  transfer  by  making  the  neces- 
sary indorsement.  The  transfer  shall  take  effect  as  of  the 
time  when  the  indorsement  is  actually  made.  This  obliga- 
tion may  be  specifically  enforced. 

§  37j.  An  attempted  transfer  of  title  to  a  certificate 
or  to  the  shares  represented  thereby,  without  delivery  of 
the  certificate,  shall  have  the  effect  of  a  promise  to  trans- 
fer, and  the  obligation,  if  any,  imposed  by  such  promise 
shall  be  determined  by  the  law  governing  the  formation 
and  performance  of  contracts. 

§  37k.  A  person  who  for  value  transfers  a  certificate, 
including  one  who  assigns  for  value  a  claim  secured  by  a 
certificate,  unless  a  contrary  intention  appears,  warrants — 

(a)  That  the  certificate  is  genuine; 

(b)  That  he  has  a  legal  right  to  transfer  it;  and 

(c)  That  he  has  no  knowledge  of  any  fact  which  would 
impair  the  validity  of  the  certificate. 

In  the  case  of  an  assignment  of  a  claim  secured  by  a 
certificate,  the  liability  of  the  assignor  upon  such  war- 
ranty shall  not  exceed  the  amount  of  the  claim. 

§  371.  A  mortgagee,  pledgee  or  other  holder  for  security 
of  a  certificate  who  in  good  faith  demands  or  receives 
payment  of  the  debt  for  which  such  certificate  is  security, 
whether  from  a  party  to  a  draft  drawn  for  such  debt,  or 
from  any  other  person,  shall  not  by  so  doing  be  deemed 
to  represent  or  to  warrant  the  genuineness  of  such  certifi- 
cate, or  the  value  of  the  shares  represented  thereby. 

§  37m.  No  attachment  or  levy  upon  shares  of  stock  for 
which  a  certificate  is  outstanding  shall  be  valid  until  such 
certificate  be  actually  seized  by  the  officer  making  the 
attachment  or  levy,  or  be  surrendered  to  the  corporation 
which  issued  it,  or  its  transfer  by  the  holder  be  enjoined. 
Except  where  a  certificate  is  lost  or  destroyed,  such  cor- 
poration shall  not  be  compelled  to  issue  a  new  certificate 
for  the  stock  until  the  old  certificate  is  surrendered  to  It. 

§  37n.  A  creditor  whose  debtor  is  the  owner  of  a  cer- 
tificate shall  be  entitled  to  such  aid  from  courts  of  ap- 
propriate jurisdiction,  by  injunction  and  otherwise,  in  at- 
taching such  certificate  or  in  satisfying  the  claim  by  means 
thereof  as  is  allowed  at  law  or  in  equity,  in  regard  to 
property  which  can  not  readily  be  attached  or  levied  upon 
by  ordinary  legal  process. 

§  37o.  There  shall  be  no  lien  in  favor  of  a  corporation 
upon  the  shares  represented  by  a  certificate  issued  by  such 
corporation,  and  there  shall  be  no  restriction  upon  the 
transfer  of  shares  so  represented  by  virtue  of  any  by-law 
of  such  corporation,  or  otherwise,  unless  the  right  of  the 
corporation  to  such  lien  or  the  restriction  is  stated  upon 
the  certificate. 

§  37p.  The  alternation  of  a  certificate,  whether  fraudu- 
lent or  not,  and  by  whomsoever  made,  shall  not  deprive 
the  owner  of  his  title  to  the  certificate  and  the  shares 
originally  represented  thereby,  and  the  transfer  of  such 
a  certificate  shall  convey  to  the  transferee  a  good  title 
to  such  certificate  and  to  the  shares  originally  represented 
thereby. 

§  37q.  In  any  case  not  provided  for  by  this  Act  the 
rules  of  law  and  equity,  including  the  Law  Merchant,  and 
in  particular  the  rules  relating  to  the  law  of  principal  and 
agent,  executors,  administrators  and  trustees,  and  to  the 
effect  of  fraud,  misrepresentation,  duress  or  coercion,  mis- 
take, bankruptcy  or  other  invalidating  cause,  shall  govern. 

§  37r.  This  Act  shall  be  so  interpreted  and  construed 
as  to  effectuate  its  general  purpose  to  make  uniform  the 
law  of  those  States  which  enact  it. 

§  37s.  A  certificate  is  indorsed  when  an  assignment  or  a 
power  of  attorney  to  sell,  assign  or  transfer  the  certifi- 
cate or  the  shares  represented  thereby  is  written  on  the 
certificate  and  signed  by  the  person  appearing  by  the  cer- 
tificate to  be  the  owner  of  the  shares  represented  thereby, 
or  when  the  signature  of  such  person  is  written  without 
more  upon  the  back  of  the  certificate.  In  any  of  such 
cases  a  certificate  is  indorsed,  though  it  has  not  been  de- 
livered. 


§  37t.  The  person  to  whom  a  certificate  was  originally 
issued  is  the  person  appearing  by  the  certificate  to  be  the 
owner  thereof,  and  of  the  shares  represented  thereby,  until 
and  unless  he  indorses  the  certificate  to  another  specified 
person,  and  thereupon  such  other  specified  person  is  the 
l?erson  appearing  by  the  certificate  to  be  the  owner  thereof 
until  and  unless  he  also  indorses  the  certificate  to  another 
specified  person.  Subsequent  special  endorsement  may  be 
made  with  like  effect. 

§  37u.  (1)  In  this  Act,  unless  the  context  or  subject 
matter  otherwise  requires — 

"Certificate"  means  a  certificate  of  stock  in  a  corpora- 
tion organized  under  the  laws  of  this  State,  or  of  another 
State  whose  laws  are  consistent  with  this  Act. 

"Delivery"  means  voluntary  transfer  of  possession  from 
one  person  to  another. 

"Person"  includes  a  corporation  or  partnership,  or  two 
or  more  persons  having  a  joint  or  common  interest. 

To  "purchase"  includes  to  take  as  mortgagee  or  pledgee. 

"Purchaser"  includes  mortgagee  and  pledgee. 

"Shares"  means  a  share  or  shares  of  stock  in  a  corpora- 
tion organized  under  the  laws  of  this  State,  or  of  another 
State  whose  laws  are  consistent  with  this  Act. 

"State"  includes  State,  Territory,  district  and  insular 
possessions  of  the  United  States. 

"Transfer"  means  transfer  of  legal  title. 

"Title"  means  legal  title  and  does  not  include  a  merely 
equitable  or  beneficial  ownership  or  interest. 

"Value"  is  any  consideration  sufficient  to  support  a 
simple  contract.  An  antecedent  or  pre-existing  obligation, 
whether  for  money  or  not,  constitutes  value  where  a  certifi- 
cate is  taken  either  in  satisfaction  thereof  or  as  security 
therefor. 

(2)  A  thing  is  done  "in  good  faith"  within  the  meaning 
of  this  Act  when  it  Is  in  fact  done  honestly,  whether  it  be 
done  negligently  or  not. 

§  37v.  The  provisions  of  this  Act  apply  only  to  certifi- 
cates issued  after  taking  effect  of  this  Act. 

§  37w.  All  Acts  or  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed. 

§  37x.    This  Act  may   be  cited  as  the  Uniform  Stock 
Transfer  Act. 
Be  it  further  enacted  : 

§  2.  That  this  Act  shall  take  effect  from  and  after  the 
first  day  of  July,  1910. 

Approved  April  11,  1910. 

FOBFEITtTRE   FOR   NON-COMPLIANCE   WITH   ORDER   OF    COMMISSION. 

And  be  it  further  enacted: 

Observance  of  orders  of  commission.  §  38.  That  every 
gas  corporation  and  electrical  corporation  and  the  officers, 
agents  or  employes  thereof  shall  obey,  observe  and  comply 
with  every  order  made  by  the  commission  under  authority 
of  this  Act,  so  long  as  the  same  shall  be  and  remain  in 
force.  Any  such  corporation,  or  any  officer,  agent  or  em- 
ployee thereof,  who,  knowingly,  fails  or  neglects  to  obey 
or  comply  with  such  order,  or  any  provision  of  this  Act, 
shall  forfeit  to  the  State  of  Maryland  not  to  exceed  the 
sum  of  $1,000  for  each  offense.  Every  distinct  violation 
of  any  such  order  or  of  this  Act  shall  be  a  separate  and 
distinct  offense,  and  in  case  of  a  continuing  violation  each 
day  shall  be  deemed  a  separate  offense.  An  action  to 
recover  such  forfeiture  may  be  brought  in  any  court  of 
competent  jurisdiction  in  this  State  in  the  name  of  the  State 
of  Maryland,  and  shall  be  commenced  and  prosecuted  to 
final  judgment  by  counsel  of  the  commission.  In  any 
such  action  all  penalties  and  forfeitures  incurred  up  to  the 
time  of  commencing  the  same  may  be  sued  for  and  re- 
covered therein,  and  the  commencement  of  an  action  to 
recover  a  penalty  of  forfeiture  shall  not  be,  or  be  held  to 
be,  a  waiver  of  the  right  to  recover  any  other  penalty  or 
forfeiture;  if  the  defendant  in  such  action  shall  prove  that 
during  any  portion  of  the  time  for  which  it  is  sought  to 
recover  penalties  or  forfeitures  for  a  violation  of  an  order 
of  the  commission  the  defendant  was  actually  and  in  good 
faith  prosecuting  the  suit,  or  proceeding  in  the  courts  to 
set  aside  such  order,  the  court  shall  remit  the  penalties 
or  forfeitures  incurred  during  pendency  of  such  suit,  action 
or  proceeding.  All  moneys  recovered  in  any  such  action, 
together  with  the  costs  thereof,  shall  be  paid  to  the  State 
treasurer,  except  one-fourth  thereof,  which  shall  be  paid 
to  the  mayor  and  city  council  of  Baltimore. 


656 


National  Associatiox  of  Kaiuvay  Commissiokkiis 


Court  proceedings  to  enforce  observance  or  prevent  vio- 
lations— Where  to  be  instittUed — Petition — Answer.  When- 
ever the  commission  shall  be  of  the  opinion  that  a  gas 
corporation  or  electrical  corporation  is  failing  or  omitting, 
or  about  to  fail  or  omit,  to  do  anything  required  of  it  by 
law  or  by  order  of  the  commission,  or  is  doing  anything 
or  about  to  permit  anything  to  be  done,  contrary  to  or  in 
violation  of  law  or  of  any  order  of  the  commission,  it  shall 
direct  counsel  to  the  commission  to  commence  an  action  or 
proceeding  before  one  of  the  judges  of  the  Supreme  Bench 
of  Baltimore  City  or  in  one  of  the  Circuit  Courts  of  the 
counties,  in  the  name  of  the  commission,  for  the  purpose 
of  having  such  violation  stopped  and  prevented  either  by 
mandamus  or  injunction.  Counsel  to  the  commission  shall 
thereupon  begin  such  action  or  proceeding  by  a  petition 
in  any  of  said  courts,  as  the  case  may  require,  alleging  the 
violation  or  the  threatened  violation  complained  of,  and 
praying  for  appropriate  relief  by  way  of  mandamus  or 
injunction.  It  shall  thereupon  be  the  duty  of  the  court 
to  specify  the  time,  not  exceeding  20  days  after  service  of 
a  copy  of  the  petition,  within  which  the  gas  corporation  or 
electrical  corporation  complained  of  must  answer  the  pe- 
tition. In  case  of  default  in  answer  or  after  answer,  the 
court  shall  immediately  inquire  into  the  facts  and  circum- 
stances in  such  manner  as  the  court  shall  direct,  without 
other  or  formal  pleadings,  and  without  respect  to  any 
technical  requirement.  Such  othpr  persons  or  corporations 
as  it  shall  seem  to  the  court  necessary  or  proper  to  join 
as  parties  in  order  to  make  its  order,  judgment  or  writs 
effective  may  be  joined  as  parties  upon  application  of 
counsel  to  the  commission.  The  final  judgment  in  any 
such  action  or  proceeding  shall  either  dismiss  the  action 
or  proceeding,  or  direct  that  a  writ  of  mandamus  or  an 
injunction  issue  as  prayed  for  in  the  petition,  or  such 
modified  or  other  form  as  the  court  may  determine  will 
afford  the  appropriate  relief. 

Company  may  not  recover  price  if  in  excess  of  order  or 
law.  If  it  be  alleged  and  established  in  an  action  brought 
In  any  court  for  the  collection  of  any  charge  for  gas  or 
electricity,  that  a  price  has  been  demanded  in  excess  of 
that  fixed  by  the  commission,  or  by  law  in  the  municipal- 
ity or  county  wherein  the  action  arose,  no  recovery  shall 
be  had  therein,  but  the  fact  that  such  excessive  charges 
have  been  made  shall  be  a  complete  defense  to  such  action. 

TELEPHONE  AND  TELEGRAPH    COMPANIES. 

And  be  it  further  enacted: 

Applicability  of  Act  to  telegraph  and  telephone  com- 
panies. §  39.  That  this  Act  shall  apply  to  telegraph  com- 
panies, telephone  companies,  telephone  lines  and  tele- 
graph lines  within  this  State,  and  to  persons  and 
corporations  engaged  in  the  transmission  of  intelligence 
within  this  State  by  telephone  or  telegraph. 

General  supervision — Investigate  service  and  methods — 
Improvements  —  Methods  of  accounts,  etc.  —  Examination 
as  to  methods,  etc. — Annual  reports — Contents  of.  The  com- 
mission shall  have  within  its  discretion  (1)  general  super- 
vision of  all  persons  having  authority  under  any  general 
or  special  law  or  under  any  charter  or  franchise  to  lay  down 
or  erect  or  maintain  poles,  wires,  pipes,  conduits  or  other 
fixtures  in,  over  or  under  the  streets,  highways  and  public 
places  for  the  purpose  of  furnishing  facilities  for  the  trans- 
mission of  intelligence  by  electricity.  (2)  Shall  investigate 
and  ascertain,  from  time  to  time,  the  service  supplied  by 
Buch  persons  and  corporations;  shall  examine  all  the  meth- 
ods employed  by  such  persons  and  corporations  supplying 
facilities  for  the  transmission  of  intelligence  by  electricity, 
and  shall  have  power  to  order  such  improvements  as  will 
best  promote  the  public  interest  and  protest  those  using 
telephones  and  those  employed  in  the  business  thereof  or 
in  the  maintenance  and  operation  of  the  works,  wires, 
poles,  lines  and  conduits  maintained  therein.  (3)  Shall 
have  power,  in  its  discretion,  to  prescribe  and  require 
Items,  methods  of  keeping  accounts,  records  and  books  to 
;  be  furnished  by  the  persons  and  corporations  engaged  in 
the  furnishing  of  facilities  for  the  transmission  of  intelli- 
gence by  electricity.  (4)  Shall  examine  all  persons  and  cor- 
porations under  its  supervision  as  to  the  methods  employed 
by  them  in  the  transaction  of  their  business,  see  that  their 
property  is  mallitained  and  operated  for  the  reasonably 
adequate  accommodation  of  the  public  and  in  compliance 
with  the  provisions  of  law  and  of  their  franchise  and  char- 
ters.   (5)  Shall  require  every  person  or  corporation  under 


its  supervision  to  submit  to  it  an  actual  report,  verified 
by  the  oath  of  the  president,  treasurer  or  general  manager, 
showing  in  detail  (a)  the  amount  of  its  authorized  capital 
stock  and  ths  amount  thereof  issued  and  outstanding;  (b> 
the  amount  of  its  authorized  bonded  indebtedness  and  the 
amount  of  its  bond  and  other  forms  of  evidence  of  indebted- 
ness issued  and  outstanding;  (c)  its  receipts  and  expendi- 
tures during  the  preceding  year;  (d)  the  amount  paid  as 
dividends  upon  its  stock  and  as  interest  upon  its  bonds; 
(e)  the  name  of  and  the  amount  paid  as  salary  to  each 
officer,  and  the  amount  paid  as  wages  to  its  employes;  (1) 
the  situation  of  its  plant  or  plants  and  system,  with  a  full 
description  of  its  property  and  franchises,  stating  in  detail 
how  each  franchise  stated  to  be  owned  was  acquired;  and 
(g)  such  other  facts  pertaining  to  the  operation  and  main- 
tenance of  the  plant  and  system,  and  the  affairs  of  such 
person  or  corporation,  as  may  be  required  by  the  cora- 
niission.  Such  reports  shall  be  in  the  form,  cover  the 
period  and  be  submitted  at  the  time  prescribed  by  the  com- 
mission. The  commission  may,  from  time  to  time,  make 
changes  and  additions  in  such  forms',  giving  to  the  persons 
and  corporations  three  months'  notice  before  the  time 
fixed  by  the  commission  as  the  expiration  of  the  flscil 
year  of  any  changes  or  addition  which  would  require  ary 
alteration  in  the  method  or  form  of  keeping  their  ao 
counts  for  the  ensuing  year. 

Notice  to  corporations  of  changes — Amendment — Failue 
to  file — Penalty — Fine  paid  to  state,  except  one-quarter  'o 
Baltimore  city.  When  any  such  report  is  defective,  or  be- 
lieved to  be  erroneous,  the  commission  shall  notify  tie 
person  or  corporation  making  such  report  to  amend  tie 
same  within  30  days.  Any  such  person  or  corporation 
which  shall  neglect  to  make  any  such  report  within  the  tia  e 
specified  by  the  commission,  or  which  shall  fail  to  correi  t 
any  such  report  within  15  days  after  notice,  shall  be  liable 
to  a  penalty  of  $100  and  an  additional  penalty  of  |10  f(  r 
each  day  after  the  prescribed  time  for  which  it  shall  ne;;- 
lect  to  file  or  correct  the  same,  to  be  sued  for  in  the  name 
of  this  State.  The  amount  recovered  in  any  such  actio  i 
shall  be  paid  into  the  State  treasury  and  be  credited  to  the 
general  fund.  The  commission  may  extend  the  time  herei  i 
limited  for  cause  shown. 

Inspection  of  plant,  etc.  Shall  have  power,  eith<  i 
through  its  members  or  inspectors  or  employes  duly  autho  - 
ized  by  It,  to  enter  in  or  upon  and  to  inspect  the  propert;  , 
buildings,  plants,  factories,  power-houses  and  oflices  ( f 
any  such  corporations  or  persons. 

Examination  of  books,  etc.  Shall  have  power  to  exar  - 
ine  the  books  and  affairs  of  any  such  corporation  or  persoi  , 
and  to  compel  the  production  before  it  of  books  and  papei  a 
pertaining  to  the  affairs  being  investigated  by  it. 

Valuations.    Shall  have  plenary  power  to  make  all  val  ;• 
ations  of  the  lines,  property,  plant,  franchises  and  asseji, 
of  such  corporations.  %  I 

And  be  it  further  enacted:  ^ 

Adequate  service  and  facilities — Reasonable  rates.  8  4). 
That  every  telegraph  company  or  telephone  company  withli 
the  jurisdiction  of  this  commission  shall  provide  sue! 
service  and  facilities  as  shall  be  adequate,  just  and  reason 
able.  All  rates,  tolls  and  charges  used,  made  or  demandel 
by  any  such  telegraph  company  or  telephone  company  fcr 
any  telegraphic  or  telephonic  communication  or  servi<  e 
shall  be  just  and  reasonable  and  not  more  than  allowed 
by  law  or  by  order  of  the  commission  and  made  as  aut' 
ized  by  this  Act. 

Unreasonable  preferences  and  prejudices  prohibits  I. 
Equal  facilities.  No  telegraph  or  telephone  company  shall 
make  or  give  any  unjust  or  undue  preference  or  advantage 
in  rates  charged  or  demanded,  or  in  any  other  respe<  t 
whatsoever,  or  subject  any  particular  person,  corporation 
or  locality  to  any  unfair  prejudice  or  disadvantage,  but 
ehall  furnish  equal  facilities  to  their  patrons  and  trans- 
mit all  messages  in  the  order  in  which  they  are  received. 

Commission  to  require  adequate  service — Improvemen's 
—Hearing.  It  shall  be  the  duty  of  the  commission  to  re- 
quire that  every  telephone  company,  so  far  as  it  operates 
its  lines  and  conducts  Its  business  in  the  State  of  Mary- 
land, to  furnish  to  its  patrons  reasonably  good  and  ade- 
quate service  in  all  respects.  If  in  the  judgment  of 
the  commission  repairs  or  improvements  to  or  changes 
In  any  telegraph  or  telephone  line,  apparatus,  machinery. 


wed 


] 


Public  Service  Laws 


557 


equipment  or  facilities,  or  any  otiier  property,  used  by 
any  telegraph  company  or  telephone  company,  in  connec- 
tion with  telegraphic  communication  or  telephonic  com- 
munication within  the  State,  ought  reasonably  to  be 
made,  or  any  additions  or  alterations  are  necessary  In 
order  to  promote  the  security  or  convenience  of  the  pub- 
lic or  employes,  or  in  order  to  secure  adequate  service 
or  facilities  for  telegraphic  or  telephonic  communications, 
the  commission  shall,  after  a  hearing  either  on  its 
own  motion  or  after  complaint,  make  and  serve  an 
order  directing  such  repairs,  improvements,  changes,  ad- 
ditions or  alterations,  to  be  made  within  a  reasonable 
time  and  in  a  manner  to  be  specified  therein,  and  every 
telegraph  company  and  telephone  company  is  hereby 
directed  to  make  all  repairs,  improvements,  changes, 
additions  or  alterations  required  of  it  by  any  order  of 
the    commission    served    upon   it. 

And  be  it  further  enacted: 

Other  provisions  of  Act  applicable  to  telegraph  and  tele- 
phone companies.  §  41.  That  all  provisions  of  this  Act  in 
reference  to  steam  railroads,  street  railroads,  gas  and 
electric  light  corporations  and  common  carriers,  in  refer- 
ence to  hearings,  summoning  witnessee,  taking  of  testi- 
mony, reports,  approval  of  incorporation  and  certificates  of 
franchises,  the  approval  of  issues  of  stock,  bonds  and 
other  forms  of  Indebtedness,  consolidation,  lease,  transfer 
of  franchises,  valuation  of  property,  plants  and  fran- 
chises, keeping  of  accounts,  complaints  as  to  quality, 
price,  facilities  furnished,  the  fixing  of  just  and  reason- 
able prices  and  adequacy  of  service,  forfeitures  of  all  de- 
Bcrlptions.  forfeitures  for  non-compliance  with  the  orders, 
summary  proceedings  under  this  Act,  excessive  charges 
for  product,  service  or  facilities,  proceedings  before  said 
commission  and  proceedings  in  any  court  mentioned  in 
this  Act,  and  any  and  all  other  sections,  paragraphs, 
provisions  and  parts  of  this  Act  in  reference  to  any  other 
corporations  subject  to  any  of  its  provisions,  so  far  as 
the  same  shall  be  practically,  legally  or  necessarily  ap- 
plicable to  telephone  or  telegraph  companies  or  corpora- 
tions controlling  telephone  or  telegraph  lines  in  this 
State  are  hereby  made  applicable  to  such  telephone  and 
telegraph  companies  and  to  corporations  controlling 
telephone  and  telegraph  lines,  and  shall  have  full  appli- 
cation thereto. 

WATER   COMPANIES — REFRIGERATING   AND   HEATING   COMPANIES 

POWER   COMPANIES. 

And  be  it  further  enacted: 

Other  provisions  of  Act  applicable  to  water,  heat  or  re- 
frigerating and  power  companies.  §  42.  That  all  provisions 
in  this  Act  in  reference  to  steam  railroads,  street  rail- 
roads, gas  corporations,  electric  corporations,  common 
carriers  and  telephone  and  telegraph  companies,  with 
respect  to  the  jurisdiction,  powers  and  duties  of  said 
commission  over  and  in  relation  to  the  said  corporations 
and  companies,  and  with  respect  to  hearings,  summoning 
witnesses,  taking  of  testimony,  reports,  approval  of  in- 
corporation and  certificates  of  franchises,  of  issues  of 
stocks,  bonds  and  other  forms  of  indebtedness,  consoli- 
dation, lease  and  transfer  of  franchises,  valuation  of 
property,  plant  and  franchise,  keeping  of  accounts,  com- 
plaints as  to  quality,  price  and  facilities  furnished,  the  fix- 
ing of  jiist  and  reasonable  prices,  services  and  facilities, 
forfeitures  and  penalties  of  all  descriptions,  summary  pro- 
ceedings, proceedings  before  said  commission  and  proceed- 
ings in  any  court  mentioned  in  this  Act,  and  any  and  all 
other  sections,  paragraphs,  provisions  and  parts  of  this  Act 
in  reference  to  any  corporations  subject  to  its  provisions, 
so  far  as  the  same  or  any  of  the  same  may  be  prac- 
tically, legally  or  necessarily  applicable  to  water  com- 
panies, and  heat  or  refrigerating  corporations,  and  to 
power  companies  or  corporations,  and  to  their  respect- 
ive service  and  charges  and  to  their  property,  plant, 
franchises  and  management,  are  hereby  made  applicable 
to  such  corporations  and  companies,  their  service, 
charges,  property,  plant,  franchises  and  management,  and 
•shall   have    full   application   thereto. 

PROCEDURE   IN    THE    COURTS. 

And  be  it  further  enacted: 

Court  proceeding  to  vacate  orders  of  commission.  §  43. 
That  any  corporation  subject  to  this  Act,  or  any  of  the 
provisions  of  this  Act,  and  any  perpon  in  interest  being 
dissatisfied    with    any    order    of    the    commission,    fixing 


any  rate  or  rates,  tolls,  charges,  schedules,  joint  rate  or 
rates,  or  any  order  fixing  any  regulations,  practices,  acts 
or  service,  may  commence  any  action  in  the  Circuit 
Court  for  any  county,  or  before  any  judge  of  the  Su- 
preme Bench  of  Baltimore  city,  in  any  court  of  Balti- 
more city  of  appropriate  jurisdiction  which  may  be 
adopted  for  the  purpose,  against  the  commission  as  de- 
fendant to  vacate  and  set  aside  any  such  order  on  the 
ground  that  the  rate  or  rates,  tolls,  charges,  schedules, 
joint  rate  or  rates,  fixed  in  such  order  is  unlawful,  or 
that  any  such  regulation,  practice,  act  or  service  fixed 
in  such  order  is  unreasonable,  in  which  action  a  copy 
of  the  complaint  shall  be  served  with  the  summons. 

Answer  of  commission.  The  answer  of  the  commission 
to  the  complaint  shall  be  served  and  filed  within  20 
days  after  service  of  the  complaint,  whereupon  said 
action  shall  be  at  issue  and  stand  ready  for  trial  upon 
15    days'    notice    to    either    party. 

Precedence  of  such  actions.  All  such  actions  shall  have 
precedence  over  any  civil  cause  of  a  different  nature 
pending  in  such  court,  and  the  said  courts  shall  always 
be  deemed  open  for  the  trial  thereof,  and  the  same  shall 
be  tried  and  determined  as  other  civil  actions. 

To  be  taken  within  60  days.  Every  proceeding,  action, 
or  suit  to  set  aside,  vacate  or  amend  any  determination 
or  order  of  the  commission,  or  to  enjoin  the  enforce- 
ment thereof  or  to  prevent  in  any  way  such  order  or  de- 
termination from  becoming  effective,  shall  be  commenced, 
and  every  appeal  to  the  courts  or  right  or  recourse  to 
the  courts  shall  be  taken  or  exercised  within  60  days 
after  the  entry  or  rendition  of  such  an  order  or  deter- 
mination, and  the  right  to  commence  any  such  action, 
proceeding  or  suit,  or  to  take  or  exercise  any  such 
appeal  or  right  of  recourse  to  the  courts,  shall  terminate 
absolutely  at  the  end  of  such  60  days  after  such  entry 
or  rendition  thereof. 

No  injunction  without  notice  and  hearing.  No  injunc- 
tion shall  issue  suspending  or  staying  any  order  of 
the  commission,  except  upon  application  to  one  of  the 
Judges  of  the  Supreme  Bench  of  Baltimore  City,  or  to 
the  Circuit  Court  of  one  of  the  counties,  and  upon  no- 
tice to  the  commission  and  after  hearing. 
And  be  it  further  enacted: 

Procedure  when  evidence  different  from  that  offered  be- 
fore commission.  §  44.  That  if,  upon  the  trial  of  such 
action,  evidence  shall  be  introduced  by  the  plain- 
tiff which  is  found  by  the  court  to  be  different  from  that 
offered  upon  the  hearing  before  the  commission,  or  any 
commissioner,  or  additional  thereto,  the  court,  before 
proceeding  to  render  judgment,  unless  the  parties  to 
such  action  stipulate  in  writing  to  the  contrary,  shall 
transmit  a  copy  of  such  evidence  to  the  commission  and 
shall  stay  further  proceedings  in  said  action  for  15 
days   from   the   date   of  such   transmission. 

Commission  may  modify  order  in  such  case.  Upon  the 
receipt  of  such  evidence  the  commission  shall  consider 
the  same  and  may  alter,  modify,  amend  or  rescind  its 
order  relating  to  such  rate  or  rates,  tolls,  charges, 
schedules,  joint  rate  or  rates,  regulations,  practice,  act 
or  service  complained  of  in  said  action,  and  shall  report 
its  action  thereon  to  said  court  within  lO  days  from 
the  receipt  of  such  evidence. 

Procedure  when  order  modified  by  commission.  If  the 
commission  shall  rescind  its  order  complained  of,  the 
action  shall  be  dismissed;  if  it  shall  alter,  modify  or 
amend  the  same,  such  altered,  modified  or  amended  order 
shall  take  the  place  of  the  original  order  complained  of, 
and  judgment  shall  be  rendered  thereon  as  though 
made  by  the  commission  in  the  first  instance. 

When  order  not  modified.    If  the  original  order  shall  not 
be    rescinded    or    changed    by   the    commission,    judgment 
shall  be  rendered  upon  such  original  order. 
And  be  it  further  enacted: 

Appeal  to  the  Court  of  Appeals.  §  45.  That  either  party 
to  said  action,  within  20  days  after  service  of  a  copy  of 
the  order  or  judgment  of  any  court  of  Baltimore  City 
or  of  the  Circuit  Court  of  any  county,  may  appeal  to 
the  Court  of  Appeals  of  Maryland.  Where  an  appeal 
is  taken  the  cause  shall,  on  the  return  of  the  record 
of  the  proceedings  to  the^  Court  of  Appeals  of  Maryland, 
be  immediately  placed  on  the  docket  of  the  then  pend- 
ing term  of  the  Court  of  Appeals,  and  shall  be  assigned 


658 


National  Association  of  Railway  Commissioners 


and   brought  to   a  hearing  in  the  same  manner  as  other 
causes   on  the  docket. 

And  6e  it  further  enacted: 

Burden  of  proof.  §  46.  That  in  all  trials,  actions  and 
proceedings  arising  under  the  provisions  of  this  Act, 
or  growing  out  of  the  exercise  of  the  authority  and 
powers  granted  herein  to  the  commission,  the  burden 
of  proof  shall  be  upon  the  party  adverse  to  such  com- 
mission, or  seeking  to  set  aside  any  determination, 
requirement,  direction  or  order  of  said  commission,  to 
show  by  clear  and  satisfactory  evidence  that  the  deter- 
mination, requirement,  direction  or  order  of  the  commis- 
sion complained  of  is  unreasonable  or  unlawful,  as  the 
case    may    be. 

And  be  it  further  enacted: 

Process — Rules  of  evidence.  §  47.  That  in  all  actions 
and  proceedings  in  court  arising  under  this  Act,  all  pro- 
cesses shall  be  served  and  the  practice  and  rules  o( 
evidence  shall  be  the  same  as  in  civil  actions,  except 
as  otherwise  herein  provided.  Every  sheriff  or  other  offi- 
cer empowered  to  execute  civil  processes  shall  execute 
any  process  issued  under  the  provisions  of  this  Act, 
and  shall  receive  such  compensation  therefor  as  may 
be  prescribed  by  law  for  similar  services. 

And  be  it  further  enacted: 

Witness  not  excused  because  evidence  may  tend  to  in- 
criminate— But  no  prosecution,  except  for  perjury.  §  48. 
That  no  person  shall  be  excused  from  testifying  or  from 
producing  books,  accounts  and  papers  in  any  proceeding 
based  upon  or  growing  out  of  the  provisions  of  this  Act 
on  the  ground  or  for  the  reason  that  the  testimony 
or  evidence,  documentary  or  otherwise,  required  by  him 
may  tend  to  incriminate  him  or  subject  him  to  penalty 
or  forfeiture;  but  no  person  having  so  testified  shall 
be  prosecuted  or  subjected  to  any  penalty  or  forfeiture 
for  or  on  account  of  any  transaction,  matter  or  thing 
concerning  which  he  may  have  testified  or  produced 
any  documentary  evidence;  provided,  that  no  person 
BO  testifying  shall  be  exempted  from  prosecution  or 
punishment  for   perjury   in   so   testifying. 

SUBSTANTIAL   COMPLIANCE   SUFFICIENT. 

And  be  it  further  enacted: 

Substantial  compliance  sufficient.  §  49.  That  a  substan- 
tial compliance  with  the  requirements  of  this  Act  shall 
be  sufficient  to  give  effect  to  all  rules,  orders,  acts 
and  regulations  of  the  commission,  and  they  shall  not  be 
declared  inoperative,  illegal  or  void,  for  any  omission 
of  a  technical  nature  in   respect  thereto. 

POWER   TO   ENTER   PREMISES. 

And  be  it  further  enacted: 

Right  to  enter  premises.  §  50.  That  the  commission.  Its 
agents,  experts  and  Inspectors  shall  have  power  to 
enter  upon  any  premises  occupied  by  any  corporation  to 
which  the  provisions  of  this  Act  or  any  of  them  are  ap- 
plicable, for  the  purpose  of  making  the  examinations, 
inspections,  valuations  and  tests  contemplated  as  pro- 
vided for  in  this  Act,  and  to  set  up  and  use  on  such 
premises  any  apparatus  and  appliances  and  occupy  rea- 
sonable space  therefor  f6r  the  purpose  of  said  examina- 
tions,  inspections   and   tests. 

commission's  accounts  audited  biennially. 
And  be  it  further  enacted: 

Audit  of  commission's  accounts.  §  51.  That  it  shall  be 
the  duty  of  the  State  auditor  to  make  biennial  exam- 
inations and  audits,  comprehensive  and  thorough  in  char- 
acter, of  all  of  the  receipts,  expenditures,  costs,  expenses 
and  pecuniary  or  fiscal  affairs  or  concerns  of  the  said 
public  service  commission,  to  render  and  furnish  to 
the  governor,  the  comptroller  and  the  treasurer,  respec- 
tively, a  full  and  detailed  report  of  each  of  said  bien- 
nial examinations  and  audits,  the  first  of  said  biennial 
reports  to  be  delivered  to  said  officials,  respectively, 
upon  the  first  day  of  January,  and  the  second  of  said 
reports  to  be  delivered  to  said  officials  upon  the  first 
day  of  July  of  each  and  every  year  ensuing  the  passage 
of  this   Act. 

miscellaneous. 
And  be  it  further  enacted: 

Implied  powers.  §  52.  That  the  public  service  commis- 
sion   hereby    created    shall  '  have,    in    addition    to    the 


powers  herein  specified,  mentioned  or  indicated,  all  ad- 
ditional, implied  and  incidental  powers,  which  may  be 
proper  and  necessary  to  effectually  carry  out,  perform 
and  execute  all  the  said  powers  herein  specified,  men- 
tioned or  indicated. 

And  be  it  further  enacted: 

Act  not  applicable  to  interstate  commerce.  §  53.  That . 
the  provisions  of  this  Act  shall  apply  to  services  or 
utilities  rendered  by  any  of  the  corporations  subject  to 
the  provisions  of  this  Act,  or  any  of  the  same,  within 
the  State  of  Maryland,  and  nothing  in  this  Act  contained 
shall  be  deemed  or  construed  to  apply  to  or  operate 
upon  interstate  or  foreign  commerce. 

And  be  it  further  enacted : 

Each  section  independent.  §  54.  That  each  section  of 
this  Act  and  every  part  of  each  section  are  hereby  de- 
clared to  be  independent  sections,  and  the  holding  of 
any  section  or  sections,  or  part  or  parts  thereof,  to  be 
void,  ineffective  or  unconstitutional '  for  any  cause,  shall 
not  be  deemed  to  affect  any  other  section  or  part  thereof. 

And  be  it  further  enacted: 

Inconsistent  Acts  repealed.     |  55.     That  all  Acts  ard 
parts    of   Acts    conflicting   or   inconsistent   with   any   pr'> 
vision   or  provisions  of  this   Act  are  hereby  repealed  £0 
far   as    they    conflict   or   are    inconsistent    with    any    PejJ 
vision  or  provisions  of  this  Act.  ^jH 

And  be  it  further  enacted: 

Time  of  taking  effect.  §  56.  That  this  Act  shall  tate 
effect    from    the    date    of    its    passage.  a* 

Approved    April    5,    1910. 


! 


PUKCHASING    BONDHOLDERS    MAY    COMPLETE    UNFINISHED    ROt 

An  Act  to  repeal  and  re-enact  with  amendments  §  275  ( ( 
article  23  of  the  Code  of  Public  General  Laws  of  Mary- 
land of  1904,  and  to  add  a  new  section  to  said  articla 
23,  to  come  immediately  after  §  275,  and  to  be  know  a 
as  §  275a.  ,  , 

Be  it  enacted  by  the  general  assembly  of  Maryland:  J 

§  1.  That  §  275  of  article  23  of  the  Code  of  Public  G«  ■ 
eral  Laws  of  Maryland  of  1904  be,  and  the  same  is  herebj , 
repealed  and  re-enacted  so  as  to  read  as  follows: 

Purchasers  at  foreclosure  sale  may  form  a  corporatioi  . 
§  275.  In  case  of  the  sale  of  any  railroad  situated  whoU  / 
within  this  State,  or  partly  within  this  State  and  parti  • 
within  an  adjoining  State,  or  the  District  of  Columbia,  hen  • 
tofore  or  hereafter  made  by  virtue  of  any  mortgage  o  • 
deed  of  trust,  whether  under  foreclosure  or  other  judiclt  I 
proceedings,  or  pursuant  to  any  power  contained  in  sal  1 
mortgage  or  deed  of  trust,  the  purchaser  or  purchaser ; 
thereof  or  his  or  their  survivor  or  survivors,  representative  i 
or  assigns  may,  together  with  their  associates,  if  any,  fori  i 
a  corporation  for  the  purpose  of  owning,  possessing,  mail  • 
taining  and  operating  such  railroad,  or  such  portions  then  • 
of  as  may  be  situated  within  this  State,  by  filing  in  th  ) 
office  of  the  secretary  of  State  a  certificate  of  the  nam  ; 
and  style  of  such  corporation,  the  number  of  the  directon 
of  the  same,  the  name  of  its  first  directors,  the  period  Ct 
their  service  nor  exceeding  one  year,  the  amount  of  th  i 
capital  stock  of  such  corporation,  and  the  number  of  shares 
into  which  it  is  to  be  divided,  and  the  par  value  thereo  , 
which  may  consist  wholly  of  common  stock,  or  partly  ct 
common  stock  and  partly  of  preferred  stock,  and  the  wholj 
or  any  part  thereof  may  be  issued  as  fully  paid  up  stoc  c 
in  payment  or  part  payment  for  the  road  as  purchased,  an  1 
for  the  construction  and  equipment  thereof,  and  sha  1 
not  In  the  aggregate  exceed  the  amount  of  stock  which  th> 
corporation,  whose  road  shall  have  been  purchased  as 
aforesaid,  was  entitled  to  issue,  and  the  persons  signin? 
such  certificate,  and  their  successors,  shall  be  a  body  cor- 
porate and  politic  by  the  name  specified  in  such  certificate, 
with  power  to  sue  and  be  sued,  contract  and  be  contractel 
with,  and  to  own,  maintain,  possess  and  operate  the  rai!- 
road  referred  to  in  such  certificate,  and  to  transact  all  busi- 
ness connected  with  the  same;  and  a  copy  of  such  cei'- 
tiflcate  attested  by  the  secretary  of  State  shall  in  all  courts 
and  places  be  evidence  of  the  due  organization  and  exist- 
ence of  such  corporation  and  of  the  matters  specified  ia 
such  certificates;  and  provided,  however,  that  nothing  in 
this  Act  contained  shall  be  construed  to  confer  upon  any 
railroad  lying  wholly  within  this  State  or  party  within  this 
State  and  partly  within  an  adjoining  State  or  the  District 
of  Columbia,  organized  under  the  provisions  of  this  article, 


Public  Service  Laws 


659 


where  any  portion  of  said  railroad  lying  within  the  State 
of  Maryland  is  uncompleted,  any  of  the  rights,  franchises, 
privileges,  benefits  or  advantages  belonging  to  the  corpora- 
tion whose  railroad  shall  be  so  sold  as  aforesaid  until  the 
railroad  company  so  organized  under  the  provisions  of  this 
article  shall  have  entered  into  a  bond  to  the  State  of 
Maryland  with  surety  or  sureties  satisfactory  to  the 
"board  of  public  works"  in  the  penalty  of  $25,000  condi- 
tioned upon  the  building,  in  each  year,  and  placing  in 
operation  of  at  least  5  miles  of  such  uncompleted  road 
in  each  twelve  months,  counting  from  the  date  of  the  or- 
ganization of  said  railroad  under  this  section,  until  the 
entire  road  within  the  State  of  Maryland  as  originally  con- 
templated and  provided  for  in  the  charter  of  the  corporation 
whose  railroad  and  franchises  may  be  sold,  shall  have  been 
fully  completed  and  put  in  operation,  whereupon  said 
bond  shall  be  and  become  null  and  void;  otherwise  to  re- 
main in  full  virtue  and  effect;  and  provided  further,  that 
upon  the  failure  of  any  corporation  organized  under  the 
provisions  of  this  section,  of  a  railroad  lying  wholly  within 
this  State,  or  partly  within  this  State  and  partly  within 
an  adjoining  State  or  the  District  of  Columbia,  to  construct 
and  operate  5  additional  miles  in  each  year  in  accordance 
with  the  first  proviso  hereof,  the  attorney-general  of  the 
State  shall  cause  suit  to  be  brought  in  the  name  of  the 
State  against  such  company  for  a  forfeiture  of  its  charter 
and  corporate  existence  and  to  enforce  the  penalty  of  said 
bond  so  given  to  the  State  of  Maryland. 
And  be  it  further  enacted: 

§  2.  That  a  new  section  be,  and  the  same  is  hereby, 
added  to  Article  23  of  the  Code  of  Public  General  Laws 
of  1904  to  come  directly  after  §  275,  and  to  be  known  as 
§  275a,  and  to  read  as  follows: 

Such  corporation  may  'build  uncompleted  road.  S  275n. 
Any  corporation  heretofore  formed  under  the  provisions 
of  §  275  of  Article  23  of  the  Code  of  Public  General  Laws 
of  Maryland  of  1904,  or  any  amendments  thereto  shall, 
where  any  portion  of  the  railroad  acquired  by  said  cor- 
poration under  said  section  or  amendments  lying  within 
the  State  of  Maryland  is  uncompleted,  build  in  each  year 
and  place  in  operation  at  least  5  miles  of  such  uncom- 
pleted road  in  each  twelve  months,  counting  from  the 
date  of  the  passage  of  this  Act  until  the  entire  road  within 
the  State  of  Maryland  as  originally  contemplated  and  pro- 
vided for  in  the  charter  of  the  corporation  whose  railroad 
and  franchises  may  be  sold  shall  have  been  fully  completed 


and  put  in  operation,  and  upon  the  failure  of  any  such 
corporation  to  so  construct  and  operate  5  additional  miles 
in  each  or  any  year  In  accordance  with  the  provisions 
hereof,  the  attorney-general  of  the  State  shall  cause  suit 
to  be  brought  in  the  name  of  the  State  against  such  com- 
pany for  the  forfeiture  of  its  charter  and  the  corporate 
existence. 
And  be  it  further  enacted: 

§  3.  That  this  Act  shall  take  effect  from  the  date  of 
its  passage. 

Approved  April  13,   1910. 

AGE  OF  MESSENGERS. 

Whereas  the  telegraph,  telephone  and  messenger  com- 
panies have  in  their  employ  boys  of  tender  years  for  the 
purpose  of  delivering  telegrams  and  other  messages  at 
various  points,  and  in  the  pursuit  of  this  employment  those 
engaged  therein  are  often  required  to  visit  places  of  ques- 
tionable reputation,  come  in  contact  with  persons  of  im- 
moral character  and  witness  scenes  tending  to  inflame, 
corrupt  and  demoralize  the  youthful  mind;  and 

Whereas  the  employment  of  minors  in  such  occupations 
should  be  prohibited. 
Be  it  enacted  by  the  general  assembly  of  Maryland : 

§  1.  That  no  telegraph,  telephone  or  messenger  com- 
pany employ  any  person  under  14  years  of  age  to  call  for 
or  deliver  any  message. 

§  2.  That  no  telegraph,  telephone  or  messenger  com- 
pany shall  require  or  permit  any  person  in  its  employ 
under  16  years  of  age  to  call  for  or  deliver  any  telegram 
or  other  message  between  the  hours  of  eight  o'clock  p.  m. 
and  eight  o'clock  a.  m. 

§  3.  That  no  telegraph,  telephone  or  messenger  com- 
pany shall  require  or  permit  any  minor  person  in  its  em- 
ploy to  cajl  for  or  deliver  any  telegram  or  other  message 
at  or  to  any  house  of  ill  repute  or  questionable  character 
wherein  is  conducted  any  business  tending  to  demoralize 
by  example  or  contact  said  minor. 

§  4.  Any  company  or  representative  thereof  who  shall 
violate  the  provisions  of  this  bill  shall  be  subject  to  a  fine 
of  not  less  than  $100  nor  more  than  $500,  or  60  days  in  jail 
or  both,  at  the  discretion  of  the  court,  for  each  and  every 
offense. 
And  be  it  further  enacted: 

§  5.  That  this  Act  shall  take  effect  from  the  date  of 
its  passage. 

Approved  April  8,  1910. 


PUBLIC  SERVICE  LAWS  OF  MASSACHUSETTS 


GENERAL   RAILROAD   AND   RAILWAY   LAW   OP   1906, 

WITH   ADDITIONAL  AND   AMENDING   STATUTES. 

CHAPTER  463  OP  THE  ACTS  OP  1906. 

An  Act  relative  to  railroad  corporations  and  street  railway 
companies. 

PABT    I    OF    RAILROAD    CORPORATIONS    AND    STREET    RAILWAY 
COMPANIES. 

Railroad  com,mission  created — Clerks — Accountant — In- 
tpectors — Experts — Prohibition  of  employment  by  railroad. 
1 1.  There  shall  be  a  board  of  railroad  commissioners,  con- 
sisting of  three  competent  persons,  one  of  whom  shall 
annually,  before  the  first  day  of  July,  be  appointed  by 
the  governor,  with  the  advice  and  consent  of  the  council, 
for  a  terin  of  three  years  from  said  day.  The  board 
shall  have  a  clerk,  who  shall  be  appointed  by  the  gover- 
nor, who  shall  keep  a  full  and  faithful  record  of  its 
proceedings,  and  who  shall  serve  such  notices  as  the 
commissioners  may  require.  The  board  may  employ  an 
assistant  clerk,  who  shall  perform  such  clerical  and  other 
office  work  as  the  board  may  require,  and  who,  in  the 
absence  or  during  the  disability  of  the  clerk,  may.  It  so 
directed  by  the  board,  perform  his  duties.  The  board 
may  employ  an  accountant,  skilled  in  the  methods  of 
railroad  accounting,  who  shall,  under  its  direction,  super- 
vise the  method  by  which  the  accounts  of  corporations 
operating  railroads  or  street  railways  are  kept.  The 
board  may  from  time  to  time,  it  in  its  opinion  it  is  nec- 
essary, appoint  competent  railroad  and  railway  inspec- 
tors, not  exceeding  one  for  every  1,000  miles  of  railroad 
and   railway   track,   each   for   a   term   of   three   years,   and 


may  for  cause  remove  any  such  inspector  and  appoint 
another  in  his  place.  An  appointment  to  fill  a  vacancy 
shall  be  for  the  residue  of  the  unexpired  term.  The 
board  shall  appoint  one  or  more  competent  experts  to 
examine  the  reports  required  by  §  58,  and  may,  when- 
ever in  its  opinion  the  public  Interests  require,  in  con- 
nection with  any  proposed  Issue  of  stock  or  bonds  by 
a  railroad  corporation  or  street  railway  company,  employ 
competent  experts  to  Investigate  the  character,  cost  and 
value  for  railroad  or  railway  purposes  of  the  property  of 
such  corporation  or  company.  The  commissioners  and 
clerks  shall  be  sworn  before  entering  upon  the  perform- 
ance of  their  duties,  and  shall  not  be  In  the  employ  of 
or  own  stock  in  a  railroad  corporation  or  street  railway 
company,  nor  shall  they  personally,  or  through  a  partner 
or  agent,  render  any  professional  service  or  make  or 
perform  any  business  contract  with  or  for  a  railroad 
corporation  or  street  railway  company  chartered  under 
the  laws  of  this  commonwealth,  except  contracts  mado 
with  them  as  common  carriers,  nor  shall  they^  directly, 
or  indirectly,  receive  a  commission,  bonus,  discount,  pres- 
ent or  reward  from  any  such  corporation  or  company. 

REVISED  LAWS,  CHAPTER  18,  §§  1,  2,  3,  4,  7,  8. 

Public  officer — Tenure  of  office.  §  1.  A  public  officer 
appointed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  shall,  unless  otherwise  provided  by  law, 
hold  his  office  during  the  term  for  which  he  is  appointed 
and  until  his  successor  in  office  has  been  appointed  and 
qualified. 

Removable  for  cause.    §  2.    A  public  officer,  If  appointed 


660 


National  Association  of  Railway  Commissioners 


by  the  governor,  may  at  any  time  be  removed  by  him 
for  cause,  and,  if  appointed  by  him  with  the  advice  and 
consent  of  the  council,  may  be  removed  with  its  advice 
and  consent,  unless  some  other  mode  of  removal  is  pro- 
vided by  law. 

Vacancies.  §  3.  If  a  vacancy  occurs  during  the  recess 
of  the  general  court  in  an  office  which  is  filled  by  an 
election  by  the  general  court  and  for  which  no  other 
provision  is  made,  the  governor,  with  the  advice  and 
consent  of  the  council,  shall  appoint  a  person  to  fill  such 
vacancy,  who  shall  hold  office  until  the  assembling  of  the 
general  court  and  until  another  is  chosen  in  his  stead. 
Vacancies  in  boards  or  commissions  consisting  of  more 
than  one  member  may  be  filled  for  the  residue  of  the 
unexpired  term  in  the  mode  provided  for  an  original  ap- 
pointment, and  in  ofllces  filled  by  a  sole  officer,  for  the 
full   term. 

Report  of  organization.  §  4.  A  State  board  and  commis- 
sion shall,  upon  organizing,  report  its  organization  to  the 
secretary   of  the  commonwealth. 

Oath  of  offlce.  §  7.  A  person  chosen  or  appointed  to 
an  offlce  may,  unless  otherwise  provided  by  law,  take 
and  subscribe  the  oaths  required  to  qualify  him  before 
the  governor,  lieutenant-governor,  two  councilors  or  two 
commissioners  appointed  under  the  provisions  of  §  8  of 
chapter   17. 

Commission  and  acceptance.  §  8.  A  person  appointed 
to  an  office  by  the  governor  shall  be  notified  of  his  ap- 
pointment by  the  secretary  of  the  commonwealth  and 
his  commission  delivered  to  him,  and  if  he  does  not. 
within  three  months  after  the  date  of  such  appointment, 
take  and  subscribe  the  oaths  of  office,  his  appointment 
shall  be  void,  and  the  secretary  shall  forthwith  notify  him 
thereof  and  require  him  to  return  his  commission,  and 
shall  also  certify  said  facts  to  the  governor.  This  sec- 
tion shall  be  printed  on  every  such  commission. 

Salaries:  Chairman.  $6,000;  others.  S-kOOO;  clerk. 
$3,000,  etc. — Free  travel,  etc.  §  2.  The  annual  salary  of 
the  chairman  of  the  board  of  railroad  commissioners 
shall  be  $6,000,  and  that  of  the  other  commissioners 
$5,000  each;  of  the  clerk,  $3,000;  of  the  assistant  clerk, 
$1,800;  and  of  each  railroad  and  railway  inspector, 
$2,000;  payable  by  the  commonwealth.  The  commis- 
sioners shall  be  provided  with  an  offlce  in  the  State 
house  or  in  some  other  suitable  place  in  the  city  of 
Boston,  in  which  their  records  shall  be  kept.  In  the 
performance  of  their  duties  they  shall  be  transported  over 
the  railroads  and  railways  of  this  commonwealth  free  of 
charge,  and  may  take  with  them  experts  and  other 
agents  whose  services  they  consider  temporarily  of  im- 
portance. The  board  may  expend  annually  such  sum  as 
the  general  court  may  from  year  to  year  appropriate  in 
procuring  necessary  books,  maps,  statistics  and  stationery, 
and  in  defraying  expenses  incidental  and  necessary  to 
the  performance  of  its  duties,  and  not  more  than  $2,500 
annually  in  defraying  the  compensation  of  an  accountant. 
A  statement  of  such  expenditures  shall  accompany  its 
annual  report.  TAs  amended  by  Act  approved  April  15, 
1910.] 

Cost  of  commission  apportioned  among  railroads.  |  3. 
The  sums  of  money  annually  appropriated  by  the  general 
court  for  the  salaries  and  expenses  of  the  board  of  rail- 
road commissioners,  its  clerks  and  employes,  shall  be 
apportioned  by  the  tax  commissioner  among  the  several 
railroad  corporations  and  street  railway  companies,  and 
on  or  before  the  first  day  of  July  in  each  year  he  shall 
assess  upon  each  of  said  corporations  and  companies  its 
share  of  such  sums  in  proportion  to  its  gross  earnings 
from  the  transportation  of  persons  and  property  for  the 
last  preceding  year  in  which  the  assessment  is  made; 
and  such  assessments  shall  be  collected  in  the  same 
manner  as   taxes   upon   corporations. 

Unexpended  balances.  §  4.  Of  the  amount  so  assessed 
and  collected  any  balance  remaining  on  the  thirtieth  day 
of  November  in  any  year  shall  be  carried  forward  to 
the  next  year,  and  shall  be  taken  into  account  in  making 
the   appropriation   for  that  year. 

Annual  report  of  railroad  commission.  S  5.  The  board 
■hall  make  an  annual  report,  which  shall  be  transmitted 
to  the  secretary  of  tlie  commonwealth,  on  or  before  the 
first  Wednesday  in  January,  and  be  laid  before  the  gen- 
eral   court.     The    report   shall   include    such    statements, 


facts  and  explanations  as  will  disclose  the  actual  work- 
ing of  the  system  of  railroad  and  railway  transpoitation 
in  its  bearing  upon  the  business  and  prosperity  of  the 
commonwealth,  such  suggestions  as  to  its  general  rail- 
road and  railway  policy,  or  any  part  thereof,  or  the  con- 
dition, affairs  or  conduct  of  any  railroad  corporation  or 
street  railway  company,  as  may  seem  to  it  appropriate, 
such  tables  and  abstracts  of  all  the  returns  required  to 
be  made  by  a  corporation  or  company,  as  it  considers 
expedient,  and  a  report  of  any  proceedings  taken  under 
the  provisions  of  §  9. 

ACTS  OF  1902,  CHAPTER  438. 

Estimates  to  lie  submitted.  §  4.  All  boards  or  commis- 
sions before  entering  upon  the  preparation  of  any  publi- 
cation shall  submit  to  the  State  board  of  publication  care- 
ful statements  of  the  scope,  and  estimates  of  the  size, 
of  such  publication.  The  said  board  shall  have  power 
to  determine  the  number  of  pages  to  which  any  such 
report  may  extend,  and  to  determine  whether  it  shall 
include  maps,  plans,  photogravures,  woodcuts  or  other 
Illustrations;  and  no  such  report  shall  be  printed  unltss 
it  bears  the  certified  approval  of  the  State  board, 
publication. 


REVISED  LAWS,  CHAPTER  18,  §§  5,  6. 


'j| 


Accounts  of  State  boards.  S  5.  A  State  board  and  com- 
mission which  is  charged  with  the  expenditure  of  money 
shall,  in  its  annual  report,  give  a  detailed  and  itemized 
account  of  all  money  then  due  from  said  board  or  com- 
mission and  unpaid,  and  a  like  statement  of  all  claims 
against  it.  giving  the  name  of  the  claimant  and  ttie 
nature  and  amount  of  the  claim. 

Recommendations  for  legislation.  $  6.  State  boards  aid 
commissions  shall  annually,  on  or  before  the  ft-  st 
Wednesday  in  January,  deposit  with  the  secretary  of  t  le 
commonwealth  such  parts  of  their  annual  reports  whi  ^h 
are  required  to  be  made  to  the  governor  and  council  or 
to  the  general  court  as  contain  recommendations  or  si  g- 
gestions  for  legislative  action;  and  the  secretary  sh -11 
forthwith  transmit  them  to  the  governor  and  council  )r 
to  the  general  court. 

Duties  of  railroad  commission.  |  6.  The  board  sh  11 
have  the  general  supervision  of  all  railroads  and  n  il- 
ways,  and  shall  examine  the  same;  and  the  commissioners 
shall  keep  themselves  informed  as  to  the  condition  of 
railroads  and  railways  and  the  manner  in  which  th  !y 
are  operated  with  reference  to  the  security  and  acco  n- 
modation  of  the  public,  and  as  to  the  compliance  of  t  le 
several  railroad  corporations  and  street  railway  co  n- 
panies  with  their  charters  and  the  laws  of  this  commc  n- 
wealth.  The  board  may  from  time  to  time  require  ri  il- 
road  corporations  and  street  railway  companies  to  inst  ill 
and  maintain  at  such  places  upon  the  railroad  or  stn  et 
railway  premises  as  it  shall  designate  such  block  or  oti  er 
signals  or  devices  as  it  shall  approve  for  the  purpose  of 
safeguarding  public  travel.  The  supreme  judicial  coi  rt 
shall  have  jurisdiction  in  equity  to  enforce  compliarce 
with  any  order  issued  by  the  board  under  authority  of 
this   section. 

Steamship  companies — Express  companies.  §  7.  T  he 
board  shall,  in  respect  of  steamship  companies  serving 
as  common  carriers  throughout  the  year  between  two  or 
more  ports  of  this  commonwealth,  perform  the  sane 
duties,  including  the  regulation  of  rates  for  transporting 
freight  or  passengers,  and  including  other  matters  affect- 
ing the  security  or  convenience  of  the  public,  which  the 
said  board  is  now  or  may  hereafter  be  empowered  to 
perform  in  the  case  of  railroads  or  railways.  The  bo!  rd 
may,  upon  the  complaint  of  any  party  interested,  exer- 
cise over  express  companies,  firms  and  persons  doing  an 
express  business  upon  railroads  or  railn-ays  in  this  cc  m- 
monwealth  supervisory  powers  with  regard  to  the  char- 
acter of  accommodations  and  service  furnished,  and  'he 
reasonableness  of  rates   charged. 

Board  to  secure  observance  of  laws.  §  8.  If,  in  the  judg- 
ment of  the  board,  a  railroad  corporation  or  street  rail- 
way company  has  violated  a  law,  or  neglects  in  any  re- 
spect to  comply  with  the  terms  of  the  Act  by  which  U 
was  created  or  with  the  provisions  of  any  law  of  tills 
commonwealth,  it  shall  give  notice  thereof  in  writing  to 
such    cori)oratlon    or    company;     and    thereafter,    if    such 


Public  Service  Laws 


C61 


violation  or  neglect  continues,  shall  forthwith  present  the 
facts   to  the  attorney-general  for  his  action. 

Relocation  of  stations,  etc.  §  9.  If  the  board  is  of  opin- 
ion that  repairs  are  necessary  upon  any  railroad  or  rail- 
way, or  that  an  addition  to  its  rolling  stock,  or  an  addi- 
tion to  or  change  or  relocation  of  its  stations  or  station 
houses  or  waiting  rooms,  or  a  change  in  its  rates  of 
fares  for  transjiorting  freight  or  passengers,  or  in  the 
mode  of  operating  its  railroad  or  railway  and  conducting 
its  business,  is  reasonable  and  expedient  in  order  to 
promote  the  security,  convenience  and  accommodation 
of  the  public,  it  shall  in  writing  inform  the  corporation 
or  company  of  the  improvements  and  changes  which  it 
recommends  should  be  made.  [As  amended  by  Act  ap- 
proved  April    30,   1909.] 

ACTS  OF  1901,  CHAPTER  330. 
Ax  Act  relative  to  the  powers  and  duties  of  the  board  of 
railroad  commissioners. 

Forcers  and  duties  of  board  of  railroad  commissioners 
to  apply  to  station  of  Boston  Terminal  Company,  etc.  §  1. 
All  general  laws  defining  the  powers  and  duties  of  the 
board  of  railroad  commissioners  in  reference  to  the  sta- 
tions and  premises  of  railroad  companies,  and  to  the 
operation  of  trains  in  connection  therewith,  shall,  except 
as  otherwise  provided  in  chapter  516  of  the  year  1896,  be 
applicable  to  the  station  and  premises  of  the  Boston 
Terminal  Company,  and  to  the  operation  of  trains  in 
connection    therewith. 

§  2.    This  Act  shall  take  effect  upon  its  passage. 

ACTS  OF  1903,  CHAPTER  381. 

Examination  of  condition  of  road.  §  10.  Upon  the  appli- 
cation of  the  board  of  aldermen  of  a  city  or  the  select- 
men of  a  town  within  wliich  a  part  of  any  railroad  or 
railway  is  located,  alleging  grounds  of  complaint,  the 
board  shall  examine  the  condition  and  operation  of  such 
railroad  or  railway;  and  if,  upon  the  petition  in  writing 
of  20  or  more  legal  voters  in  such  city  or  town  to  the 
board  of  aldermen  or  selectmen  to  make  such  applica- 
tion, they  refuse  so  to  do,  they  shall  indorse  upon  the 
petition  the  reason  of  such  refusal,  and  return  it  to  the 
petitioners,  who  may,  within  10  days  thereafter,  present 
it  to  the  boardi  and  it  may  thereupon  make  such  exami- 
nation as  if  called  upon  by  the  board  of  aldermen  or 
the  selectmen,  first  giving  to  the  petitioners  and  to  the 
corporation  or  company  reasonable  notice  in  writing  of 
the  time  and  place  of  making  such  examination.  If,  upon 
such  examination,  it  appears  to  the  board  that  the  com 
plaint  is  well  founded,  it  shall  so  adjudge,  and  shall  in 
writing  inform  the  corporation  or  company  which  oper- 
ates  such   railroad   or  railway  of   its   adjudication. 

Investigation  of  accidents.  §  11.  The  board  shall  investi- 
gate the  causes  of  any  accident  on  a  railroad  or  railway 
which  results  in  loss  of  life;  and  of  other  accidents 
which,    in    its    judgment,    require   investigation. 

Throughout  the  Massachusetts  General  Incorporation 
Statutes  and  statutes  relating  to  common  carriers  are 
found  iirovisions  requiring  action  of  some  kind  on  the 
part  of  the  railroad  commission.  And  in  order  to  show 
1  its  functions  fully  it  is  necessary  to  quote  more  fully 
from  those  statutes  than  in  the  case  of  most  other  states. 

I  PART    II    OF    RAILK0.\D    C0BP0R.\TI0NS. 

MATTEP.S  OF  CON'S! RUCTION. 

Definitions.     §  1.     In  this  Act  unless  the  context  other 
wise  requires: 
I         "Railroad     and     railways"     means     all     railroads     and 
'   railways  except  tramways  in  mines  and  marine  railways. 
"Railroad"    means    a    railroad    or    railway    of    the    class 
usually    operated    by    steam    iwwer.      "Railroad    corpora- 
tion"  means   the   corporation   which   lays   out.   constructs, 
maintains    or    operates    a    railroad    of    the    class    usually 
operated     by     steam     power.      "Board    of     aldermen"     or 
"selectmen"     includes     the     board     or     other     authority 
exercising    the    powers    of    a    board    of    aldermen    or    of 
selectmen;     but    nothing    herein    shall    be    construed    as 
:  affecting  the  veto  power  of  a  mayor  of  any  city.     "Public 
way"  means  any  way  laid  out  by  public  authority. 

Duties  devolving  on  railroad  commission.     §  2.     The  du- 


ties imposed  by  the  provisions  of  this  Act  upon  county 
commissioners  as  a  tribunal  of  original  jurisdiction  relative 
to  the  fixing  of  routes  or  to  the  location,  construction, 
maintenance  and  operation  of  railroads  shall,  in  the 
city  of  Boston,  unless  it  is  otherwise  expressly  provided, 
devolve  upon  the  board  of  aldermen  of  said  city.  When, 
In  cases  arising  in  said  city,  a  jury  is  required,  applica- 
tion therefor  shall  be  made  to  the  Superior  Court  in 
the  manner  prescribed  in  §  90  of  chapter  48  of  the 
Revised  Laws,  and  duties  imposed  upon  the  county  com- 
missioners by  reference  or  appeal  from  the  board  of 
aldermen  of  other  cities  shall  devolve  upon  the  board 
of  railroad   commissioners. 

REVISED  LAWS,  CI^APTBR  48,  §  90. 

Application  for  jury  to  Superior  Court — View.  §  90.  The 
damages  sustained  in  any  case  described  in  the  preced- 
ing section  shall  be  paid  by  the  city  of  Boston,  and 
said  city  or  any  party  interested  may,  within  the  time 
specified  for  a  like  purpose  in  §  28,  file  a  petition  for  a 
jury  in  the  Superior  Court  for  the  county  of  Suffolk, 
and  thereupon,  after  such  notice  as  the  court  shall 
order,  a  trial  shall  be  had  in  said  court  in  the  same 
manner  as  other  civil  cases  are  there  tried  by  jury 
and,  on  request  of  either  party,  the  jury  shall  take  a  view. 

Corporations  subject  to  this  chapter.  §  3.  Railroad  cor- 
porations which  have  been  heretofore  established  in 
this  commonwealth  shall  be  subject  to  the  provisions 
of  parts  I  and  II;  which,  so  far  as  inconsistent  with 
charters  granted  since  March  11,  1831,  shall  be  an 
alteration  and  amendment  thereof;  but  the  provisions 
of  this  section  shall  not  impair  the  validity  of  any 
special  power  heretofore  conferred  by  charter  or  other 
special  act  upon  a  particular  railroad  corporation  which 
had  exercised  such  power  before  February  1,  1875,  or 
prevent  the  continued  exercise  thereof  conformably,  so 
far  as   may  be,   to  the  provisions  of  this  Act. 

Railroad  chartered  by  concurrent  legislation.  1 4.  \ 
railroad  corporation  chartered  by  the  concurrent  legis- 
lation of  this  and  other  States  shall,  as  regards  any 
portion  of  its  railroad  lying  within  this  commonwealth, 
be  entitled  to  all  the  benefits  and  be  subject  to  all  the 
liabilities  of  the  railroad  corporations  of  this  common- 
wealth. 

Railroad  operated  by  another  railroad.  §  5.  If  a  rail- 
road which  has  been  laid  out  and  constructed  by  one 
corporation  is  lawfully  maintained  and  operated  by 
another  corporation,  the  latter  corporation  shall  be 
subject  to  the  provisions  of  this  Act  respecting  or 
arising  from  the  maintenance  and  operation  of  such 
railroad,  as  if  such  railroad  had  been  laid  out  and 
constructed  by  it.  If  a  railroad  is  lawfully  maintained 
and  operated  by  trustees,  they  shall  in  like  manner 
be  subject  to  the  provisions  of  law  respecting  or  arising 
from  the  maintenance  and  operation  of  such  railroad 
which  apply  to  the  corporation  for  whose  stockholders 
or  creditors  they  are  trustees. 

Right  of  purchase  reserved  by  the  State.  §  6.  The  pro- 
visions of  this  Act  shall  not  impair  the  rights  of  the 
commonwealth  as  asserted  or  reserved  in  previous 
statutes,  and  the  commonwealth  may,  at  any  time  during 
the  continuance  of  the  charter  of  a  railroad  corporation 
after  the  expiration  of  20  years  from  the  opening  of  its 
railroad  for  use,  purchase  of  the  corporation  its  railroad 
and  all  its  franchise,  property,  rights  and  privileges  by 
paying  therefor  such  amount  as  will  reimburse  to  it 
the  amount  of  capital  paid  in,  with  a  net  profit  thereon 
of  10  per  cent  a  year  from  the  time  of  the  payment 
thereof  by  the  stockholders  to  the  time  of  the  purchase. 

State  may  take  railroad.  §  7.  The  commonwealth  may^ 
at  any  time  after  one  year's  notice  in  writing  to  a  rail- 
road corporation,  take  and  possess  its  railroad,  franchise 
and  other  property;  and  shall  pay  therefor  such  com- 
pensation as  may  be  awarded  by  three  commissioners, 
who  shall  be  appointed  by  the  Supreme  .Judicial  Court, 
who  shall  be  sworn  to  appraise  the  same  justly  and 
fairly,  and  who  shall  estimate  and  determine  all  dam- 
ages sustained  by  it  by  such  taking.  A  corporation 
which  is  aggrieved  by  their  determination  may  have 
its  damages  assessed  by  a  jury  in  the  Superior  Court 
for  the  county  of  Suffolk  in  the  manner  provided  in  §  90. 
of   chapter   48   of   the   Revised   Laws. 


662 


National  Association  of  Eailwat  Commissioners 


I 


SPECIAL   CHARTERS. 

How  special  charters  oitained.  §  8.  A  petition  to  the 
general  court  for  a  charter  for  a  railroad  corporation 
shall  not  be  acted  upon,  unless  it  is  accompanied  by  a 
map  of  the  route  on  an  appropriate  scale,  with  a  profile 
thereof  on  a  vertical  scale  of  ten  to  one  as  compared 
with  the  horizontal  scale,  and  by  the  report  of  a  com- 
petent engineer,  based  on  actual  examination  and  survey, 
showing  the  kind  and  amount  of  excavation,  filling, 
bridging  and  masonry  required,  the  grades,  the  number 
of  highways  and  of  other  railroads,  and  of  navigable 
streams  and  tide  waters,  to  be  crossed,  and  'the  manner 
of  crossing  the  same,  the  general  profile  of  the  surface 
of  the  country  through  which  the  railroad  is  to  pass, 
the  feasibility  of  the  route,  the  manner  of  constructing 
the  railroad,  and  a  detailed  estimate  of  the  cost  of 
construction. 

Incorporation  under  general  laws.  §  13.  Fifteen  or 
more  persons  may  associate  themselves  by  a  written 
agreement  of  association  with  the  intention  of  forming 
a   railroad   corporation. 

Agreement  of  association.  §  14.  The  agreement  of  asso- 
ciation  shall  state: 

(a)  That  the  subscribers  thereto  associate  themselves 
with  the  intention  of  forming  a  railroad  corporation. 

(b)  The  corporate  name  assumed,  which  shall  be 
one  not  in  use  by  any  other  railroad  corporation  in  this 
commonwealth,  or,  in  the  judgment  of  the  board  of  rail- 
road commissioners,  so  similar  thereto  as  to  be  likely 
to  be  mistaken  for  it,  and  which  shall  contain  the  words, 
"railroad  corporation,"  at  the  end' thereof. 

(c)  The   termini   of  the   railroad. 

(d)  The  length  of  the  railroad,  as  nearly  as  may  be. 

(e)  The  name  of  each  county,  city  and  town  in 
which  the   railroad  is   to   be  located. 

(f)  The  gauge  of  the  railroad,  which  shall  be  either 
4  feet  81/2   inches  or  3  feet. 

(g)  The  total  amount  of  the  capital  stock  of  the 
corporation,  which  shall  be  not  less  than  $10,000  for 
each  mile,  if  the  gauge  is  4  feet  8i^  inches,  and  not 
less  than  $5,000  for  each  mile,  if  the  gauge  is  3  feet. 

(h)   The  par  value  of  the  shares,  which  shall  be  $100. 

(i)  The  names  and  residences  of  at  least  five  persons, 
who  shall  be  subscribers  to  the  agreement  of  association, 
to  act  as  directors  until  others  are  chosen  and  qualified 
in  their  stead. 

Each  associate  shall  subscribe  to  the  agreement  of 
association  his  name,  residence,  post-oflice  address  and 
the  number  of  shares  of  stock  which  he  agrees  to  take; 
but  no  subscriber  shall  be  bound  to  pay  more  than  10 
per  cent  of  the  amount  of  his  subscription  unless  a 
corporation  is  incorporated. 

Directors  nay  change  stock  or  gauge.  §  15.  The  asso- 
ciates may,  from  time  to  time,  at  a  meeting  called  for 
the  purpose,  reduce  the  amount  of  the  capital  stock, 
but  not  below  the  limit  prescribed  in  the  preceding 
section;  and  they  may,  in  like  manner,  change  the 
gauge  of  their  railroad  to  the  other  gauge  allowed  by 
said  section.  The  directors  shall  appoint  a  clerk  and 
a  treasurer,  who  shall  hold  their  respective  ofllces  until 
a  clerk  and  a  treasurer  of  the  corporation  are  chosen 
and  qualified  In  their  stead.  The  directors  shall  fill 
any  vacancy  in  their  board,  or  in  the  office  of  clerk  or 
treasurer,  before  the  organization  of  the  corporation. 

Notice  in  newspaper  selected  by  commission.  §  16.  The 
directors,  before  fixing  the  route  of  the  railroad  as 
hereinafter  provided,  shall  cause  a  copy  of  the  agree- 
ment of  association  to  be  published  in  a  newspaper, 
if  any,  published  in  each  of  the  cities  and  towns  in 
which  the  railroad  is  to  be  located,  and  If,  in  any  county, 
a  newspaper  is  published  in  none  of  said  cities  and 
towns  therein,  in  such  newspaper  published  in  said 
county  as  shall  be  designated  by  the  board  of  railroad 
commissioners,  at  least  once  in  each  of  three  successive 
weeks;  and,  three  weeks  before  fixing  said  route,  shall 
also  cause  a  copy  of  said  agreement  to  be  posted  in 
two  or  more  public  places  In  each  of  said  cities  and 
towns  in  which  said  railroad  is  to  be  located;  and  the 
sworn  certificate  of  the  clerk  shall  be  conclusive  evi- 
dence of   such  publication  and  posting. 

Maps  and  estimates.  §  17.  The  directors  shall  prepare 
a   map    of   the    route    on    an   appropriate    scale,    with    a 


profll-e  thereof  on  a  vertical  scale  of  ten  to  one  as 
compared  with  the  horizontal  scale,  and  shall  procure 
the  report  of  a  competent  engineer,  based  on  actual 
examination  and  survey,  showing  the  kind  and  amount 
of  excavation,  filling,  bridging  and  masonry  required, 
the  grades,  the  number  of  highways  and  of  other  rail- 
roads, and  of  navigable  streams  and  tide  waters  to  be 
crossed,  and  the  manner  of  crossing  the  same,  the 
general  profile  of  the  surface  of  the  country  through 
which  the  railroad  is  to  pass,  the  feasibility  of  the 
route,  the  manner  of  constructing  the  railroad,  and  a 
detailed  estimate  of  the  cost  of  construction. 

Railroad  commission  has  power  to  veto  the  proposed 
railroad.  §  18.  After  compliance  with  the  provisions  ot 
§§  13  to  16,  inclusive,  and  within  30  days  after  the  first 
publication  of  notice  of  the  agreement  of  association 
therein  required,  the  directors  therein  named  shall  apply 
to  the  board  of  railroad  commissioners  for  a  certificate 
that  public  convenience  and  necessity  require  the  con- 
struction of  a  railroad  as  proposed  in  such  agreemimt. 
If  said  board  refuses  to  issue  such  certificate,  no  further 
proceedings  shall  be  had,  but  the  application  may  b« 
renewed  after  one  year  from  the  date  of  such  refusal. 

Report  of  commission  to  le  published.  §  19.  The  direct- 
ors shall  submit  said  map  and  report  to  the  board  of 
aldermen  of  every  city  and  to  the  selectmen  ot  every 
town  named  in  the  agreement  of  association,  who  shall 
thereupon  appoint  a  time  and  place  for  a  hearing,  of 
which  notice  shall  be  given  by  publication  in  a  newspaper 
published  in  said  city  or  town,  or  if  none  is  publis  led 
therein,  in  such  newspaper  published  in  the  county  in 
which  said  city  or  town  is  situated  as  shall  be  desig- 
nated by  the  board  of  railroad  commissioners,  at  least 
once  in  each  of  two  successive  weeks,  the  last  publ  ca- 
tion to  be  at  least  two  days  before  the  hearing;  and  by 
posting  copies  of  said  notice  In  two  or  more  pu  die 
places  in  said  city  or  town  at  least  two  weeks  belore 
such  hearing. 

Route,  etc.,  submitted  to  local  authorities.  §  20.  It  tha 
board  of  aldermen  of  a  city  or  the  selectmen  o  a 
town,  named  in  the  agreement  of  association,  a  ter 
such  notice,  exhibition  of  the  map  and  the  hear  ng, 
agree  with  the  directors  as  to  the  said  route  or  as  to 
any  route  of  the  railroad  in  said  city  or  town,  t  ley 
shall  in  such  agreement  fix  the  route,  and  sign  and  f  ive 
to  the  directors   a  certificate  setting  it  forth. 

Railroad  commission  may  fix  route.  §  21.  If  they  'ail 
so  to  agree,  the  directors  may  petition  the  board  of 
railroad  commissioners  to  fix  the  route  in  said  city  or 
town;  and  said  board,  after  notice  to  said  board  of 
aldermen  or  selectmen,  shall  hear  the  parties,  and  fix 
the  route  in  such  city  or  town,  and  make  a  certifli  ate 
setting  forth  the  route  as  fixed  by  it,  which  shall  be 
certified  by  its  clerk  to  the  directors.  The  costs  of  th« 
petition  shall  be  paid  by  the  directors.  All  varlati  ma 
from  the  route  first  proposed  shall  be  made  upon  the 
map. 

Branches,  spurs  and  terminals — Damages.  §  22.  The 
route  fixed  under  the  provisions  of  the  two  prece(  ing 
sections  may  include  such  spurs,  branches  and  com  act- 
ing and  terminal  tracks  in  any  city  or  town  as  :  nay 
be  necessary  to  enable  the  corporation  convenientlj  to 
collect  and  deliver  passengers  and  freight  therein;  but 
no  such  branches,  spurs  or  connecting  or  terminal 
tracks  shall  be  laid  longitudinally  within  the  limits  of 
a  public  way  without  the  consent  of  the  board  of  aller- 
men  or  the  selectmen,  who.  In  giving  such  consent, 
may  impose  such  conditions  as  to  the  location,  con- 
struction and  use  thereof  as  may  be  agreed  upon  be- 
tween themselves  and  the  directors.  A  corporation 
which  owns  or  operates  any  such  tracks  so  laid  Ic  ngl- 
tudinally  in  a  public  way  shall,  in  respect  to  the  si  me, 
be  liable  to  the  city  or  town  for  all  loss  or  damage 
caused  to  it  by  the  construction  and  use  ot  such  tricks 
and  by  the  negligence  or  default  of  the  agents  or 
workmen   of   such   corporation   on   such   way. 

Stock  subscriptions  examined  by  the  commission,     s  ''^ 
When  the  amount  of  capital  stock  named  in  the  a 
ment   of   association    has    been    subscribed   in    good 
by  responsible  persons,  and  10  per  cent  ot  the  par  \alue 
of   each    share    has   been   actually   paid    In   cash    to    the 
treasurer,  the  directors,  clerk  and  treasurer  shall  annex 


Public  Sebvioe  Laws 


663 


to  the  agreement  of  association  tlieir  certificate  setting 
forth  these  facts,  and  that  it  is  intended  in  good  faith 
to  locate,  construct,  maintain  and  operate  the  railroad 
upon  the  route  fixed,  shall  also  annex  to  said  agreement 
the  certificate  of  publication  specified  in  §  16,  and  the 
several  certificates  fixing  the  route,  shall  present  the 
same  for  inspection  to  the  board  of  railroad  commission- 
ers, and  shall,  at  the  same  time,  deposit  in  the  office  of 
said  board   the  report  of  the  engineer  and  the  map. 

Commission  to  certify  compliance.  §  24.  When  it  is 
shown  to  the  satisfaction  of  the  board  of  railroad  com- 
missioners that  the  requirements  of  this  chapter,  pre- 
liminary to  the  incorporation  of  a  railroad  corporation, 
have  been  complied  with,  and  that  an  amount  sufficient, 
in  its  judgment,  to  pay  all  damages  immediate  or  con- 
sequential which  may  be  occasioned  by  laying  out,  making 
and  maintaining  the  railroad,  or  by  taking  any  land  or 
materials  therefor,  has  in  good  faith  been  paid  in  cash 
to  the  treasurer,  and  when  said  board  Is  satisfied  by  a 
bond,  or  such  other  assurance  of  good  faith  as  it  may 
consider  necessary  and  require,  that  said  amount  will 
remain  in  the  hands  of  said  treasurer  until  it  Is  drawn 
out  for  the  lawful  expenditures  of  the  corporation,  the 
clerk  of  said  board,  upon  its  order,  shall  annex  to  the 
agreement  of  association  a  Certificate  stating  that  such 
requirements  have  been  complied  with.  The  directors 
shall  thereupon  file  the  agreement  of  association,  with 
all  the  certificates  annexed  thereto,  in  the  office  of  the 
secretary  of  the  commonwealth,  who,  upon  the  payment 
to  him  of  a  fee  of  $50,  shall  receive  and  preserve  the 
same  in  form  convenient  for  reference  and  open  to 
public  inspection,  and  shall  thereupon  issue  a  certificate 
of  Incorporation  substantially  in  the  following  form: 
[Form  omitted.] 

The  secretary  of  the  commonwealth  shall  sign  the 
certificate  of  incorporation,  and  cause  the  great  seal 
of  the  commonwealth  to  be  thereto  affixed,  and  such 
certificate  shall  have  the  force  and  effect  of  a  special 
charter.  The  secretary  of  the  commonwealth  shall  also 
cause  a  record  of  the  certificate  of  Incorporation  to  be 
made,  and  such  certificate,  or  such  record,  or  a  certi- 
fied copy  thereof,  shall  be  conclusive  evidence  of  the 
existence  of  such  corporation. 

Increase  and  decrease  of  stock — Change  from  narrow  to 
standard  gauge — Railroad  commission  to  certify.  §  25.  If 
the  capital  stock  fixed  in  the  agreement  of  association 
is  found  to  be  insufficient  for  the  construction  and 
equipment  of  the  railroad,  the  corporation  at  a  meeting 
called  for  the  purpose  may,  subject  to  the  provisions  of 
§  65,  increase  the  same,  from  time  to  time,  to  the  amount 
necessary  for  those  purposes.  It  may,  at  a  meeting 
called  for  the  purpose,  reduce  the  amount  of  the .  capital 
stock,  but  not  below  the  limit  prescribed  in  §  14.  It 
may,  also,  in  like  manner,  change  the  gauge  to  the 
other  authorized  gauge;  but  a  corporation  organized  to 
construct  its  railroad  on  a  gauge  of  3  feet  shall 
not  change  such  gauge  to  4  feet  8%  inches  without 
complying  with  all  provisions  of  law  relative  to  the 
capital  stock  of  railroads  of  the  broad  gauge;  and 
the  fact  that  such  provisions  have  been  complied 
with  shall  be  shown  to  the  satisfaction  of  the  board  of 
railroad  commissioners,  and  indorsed  by  its  clerk  upon 
the  certificate  of  such  change  of  gauge  before  it  is 
filed  in  the  office  of  the  secretary  of  the  commonwealth. 
A  certificate  of  the  increase  or  reduction  of  capital 
or  change  of  gauge  shall,  within  30  days  thereafter,  be 
filed  in  the  office  of  the  secretary  of  the  commonwealth. 

Limitation.  §  26.  The  agreement  of  association  and  all 
proceedings  thereunder,  including  the  fixing  of  the  route, 
shall  be  void,  unless  the  certificate  of  incorporation  is 
issued  within  one  year  after  the  time  the  route  is  fixed 
as   provided   in   §  20   or   §  21. 

Limit  of  time  for  construction  of  railroad.  §  27.  If  a 
corporation  does  not  begin  the  construction  of  its  rail- 
road and  expend  thereon  at  least  10  per  cent  of  the 
amount  of  its  original  capital  stock  within  two  years 
after  the  date  of  its  certificate  of  incorporation,  and 
does  not  complete  and  open  its  railroad  for  use  within 
four  years  after  said  date,  its  corporate  powers  and 
existence   shall   cease. 

Capital  stock  of  narrow-gauge  railroads.  §  28.  A  cor- 
poration   which    has     a    railroad    of    the    gauge    of    3 


feet  shall  not  begin  running  its  trains,  until  its  paid-up 
capital  stock  is  equal  to  one-half  of  its  cost,  including 
equipment. 

ORGANIZATION. 

First  meeting  of  incorporators.  §  29.  Upon  the  issue  ol 
such  certificate  of  incorporation,  the  first  meeting  of  the 
incorporators  shall  be  called  by  a  notice,  signed  by  a 
majority  of  the  directors;  and  such  notice  shall  state 
the  time,  place  and  purposes  of  the  meeting.  A  copy 
of  such  notice  shall,  seven  days  at  least  before  the 
day  appointed  for  the  meeting,  be  given  to  each  in- 
corporator or  left  at  his  residence  or  usual  place  of 
business,  or  deposited  in  the  post-office,  postage  pre- 
paid, and  addressed  to  him  at  his  residence  or  usual 
place  of  business,  and  another  copy  thereof,  and  an 
affidavit  of  the  clerk  that  the  notice  has  been  duly 
served,  shall  be  recorded  with  the  records  of  the 
corporation.  If  all  of  the  incorporators  shall,  in  writing, 
waive  such  notice  and  fix  the  time  and  place  of  the 
meeting,  no   notice   shall   be   required. 

By-laws — Election  of  directors.  §  30.  At  sucb  first  meet- 
ing, or  at  any  adjournment  thereof,  the  incorporators 
shall  organize  by  the  adoption  of  by-laws  and  by  the 
election  by  ballot  of  not  less  than  five  directors.  The 
clerk  appointed  by  the  directors  under  §  15  shall  make 
and  attest  a  record  of  the  proceedings  until  the  clerk 
has  been  chosen  and  sworn,  including  a  record  of  such 
choice  and  qualification. 

Officers.  §  31.  The  business  of  every  corporation  shall 
be  managed  and  conducted  by  a  president,  a  board  of 
not  less  than  five  directors,  a  clerk,  a  treasurer  and 
such  other  officers  and  such  agents  as  the  corporation 
by  its  by-laws   shall   authorize. 

Election  and  qualification.  §  32.  The  directors  shall  be 
elected  annually  by  the  stockholders  by  ballot,  and  the 
president  shall  be  elected  annually  by  and  from  the 
board  of  directors,  and  the  treasurer  and  the  clerk 
annually  by  said  board.  Every  director,  unless  the  by- 
laws otherwise  provide,  shall  be  a  stockholder.  The 
treasurer  may  be  required  to  give  a  bond  for  the 
faithful  performance  of  his  duty  in  such  sum  and  with 
such  sureties  as  the  by-laws  may  prescribe.  The  clerk, 
who  shall  be  a  resident  of  this  commonwealth,  shall  be 
sworn  and  shall  record  all  votes  of  the  corporation  in 
a  book  to  be  kept  for  that  purpose.  The  officers  of  a 
corporation  shall  hold  office  for  one  year  and  until  their 
successors  are  chosen  and  qualified.  The  manner  of 
choosing  or  of  appointing  all  other  agents  and  officers  and 
of  filling  all  vacancies  shall  be  prescribed  by  the  by- 
laws, and,  in  default  of  provision  by  such  by-laws, 
vacancies  may  be  filled  by  the  board  of  directors. 

Meetings  of  stockholders.  §  33.  There  shall  be  an  an- 
nual meeting  of  the  stockholders,  and  the  time  and 
place  of  holding  it,  and  the  manner  of  conducting  it, 
shall  be  fixed  by  the  by-laws.  All  meetings  of  stock- 
holders shall,  unless  the  by-laws  otherwise  provide,  be 
held  in  the  commonwealth;  and  shall  be  called,  and 
notice  thereof  given,  in  the  manner  provided  in  the 
by-laws  of  the  corporation;  or,  if  the  by-laws  make  no 
provision  therefor,  shall  be  called  by  the  president, 
and  a  written  or  printed  notice,  stating  the  place,  day 
and  hour  thereof,  given  by  the  clerk  at  least  seven 
days  before  such  meeting  to  each  stockholder  by  leav- 
ing such  notice  with  him  or  at  his  residence  or  usual, 
place  of  business,  or  by  mailing  it,  postage  prepaid, 
and  addressed  to  each  stockholder  at  his  address  as 
it  appears  upon  the  books  of  the  corporation.  Unless 
the  by-laws  otherwise  provide,  a  majority  in  interest 
of  all  stock  issued  and  outstanding  and  entitled  to  vote 
shall  constitute  a  quorum.  Notices  of  all  meetings  of 
stockholders  shall  state  the  purposes  for  which  the 
meetings  are  called.  No  notice  of  the  time,  place  or 
purpose  of  any  regular  or  special  meeting  of  the  stock- 
holders shall  be  required,  if  every  stockholder,  or  his 
attorney  thereunto  authorized,  by  a  writing  which  Is 
filed  with  the  records  of  the  meeting,  waives  such  notice. 

Meetings  may  6e  called  ty  justice  of  the  peace  in  cases. 
§  34.  If,  by  reas6n  of  the  death  or  absence  of  the  officers 
of  a  corporation  or  other  cause,  there  is  no  person 
authorized  to  call  or  preside  at  a  legal  meeting,  or  if 
the  clerk  or  other  officer  refuses  or  neglects  to  call  It, 


664 


Xatioxal  Association-  of  Bailway  Commissioners 


a  justice  of  the  peace  may,  upon  written  application  of 
three  or  more  of  the  stoclcholders,  issue  a  warrant  to 
any  one  of  them,  directing  him  to  call  a  meeting  by 
giving  such  notice  as  is  required  by  law,  and  may,  by 
the  same  warrant,  direct  him  to  preside  at  the  meeting 
until  a  clerk  is  chosen  and  qualified,  if  no  officer  of  the 
corporation  is  present  who  is  legally  authorized  to 
preside. 

Special  meetings.  §  35.  A  special  meeting  of  the  stock- 
holders shall  be  called,  and  a  written  or  printed  notice 
thereof,  stating  the  time,  place  and  purpose  of  the 
meeting,  given  by  the  clerk  upon  written  application  of 
three  or  more  stockholders  who  are  entitled  to  vote, 
and  who  hold  at  least  one-tenth  part  in  interest  of  the 
capital  stock. 

Corporation  cannot  vote  its  own  stock.  §  36.  A  corpora 
tion  shall  not,  directly  or  indirectly,  vote  upon  any  share 
of  its   own   stock. 

One  vote  for  each  share — Proxies.  §  37.  Stockholders 
who  are  entitled  to  vote  shall  have  one  vote  for  each 
share  of  stock  owned  by  them.  Stockholders  may  vote 
either  in  person  or  by  proxy.  No  proxy  which  is  dated 
more  than  six  months  before  the  meeting  named  therein 
shall  be  accepted,  and  no  such  proxy  shall  be  valid 
after  the  final  adjournment  of  such  meeting. 

Fiduciaries.  §  38.  Executors,  administrators,  conserva- 
tors, guardians,  trustees  or  persons  in  any  other  repre- 
sentative or  fiduciary  capacity  may  vote  as  stockholders 
upon    stock    held    in    such    capacity. 

Directors  may  meet  outside  of  State.  §  39.  Meetings  of 
the  board  of  directors  may  be  held  within  or  without 
the  commonwealth.  Any  meeting  of  the  board  of  di- 
rectors shall  be  a  legal  meeting  without  notice  if  each 
director,  who  is  absent,  by  a  writing  which  is  filed  with 
the  records  of  the   meeting,   waives   such   notice. 

Stock  certificates.  §  40.  Each  stockholder  shall  be  enti- 
tled to  a  certificate,  which  shall  be  signed  by  the  president 
and  by  the  treasurer  of  the  corporation,  or  by  such 
other  officers  as  may  be  authorized  by  the  by-laws,  shall 
be  sealed  with  its  seal,  and  shall  certify  the  number 
of  shares  owned  by  him   in  such  corporation. 

Transfer  of  stock.  §  41.  The  delivery  of  a  certificate  of 
stock  by  the  person  named  as  the  stockholder  in  such 
certificate  or  by  a  person  intrusted  by  him  with  its 
possession  for  any  purpose  to  a  bona  fide  purchaser  or 
pledgee  for  value,  with  a  written  transfer  thereof,  or 
with  a  written  power  of  attorney  to  sell,  assign  or 
transfer  the  same,  signed  by  the  person  named  as  the 
stockholder  in  such  certificate,  shall  be  a  sufficient  de- 
livery to  transfer  title  as  against  all  persons;  but  no 
such  transfer  shall  affect  the  right  of  the  corporation 
to  pay  any  dividend  due  upon  the  stock,  or  to  treat  the 
holder  of  record  as  the  holder  in  fact  until  it  has  been 
recorded  upon  the  books  of  the  corporation,  or  until  a 
new  certificate  has  been  issued  to  the  person  to  whom 
it  has  been  so  transferred.  Such  purchaser,  upon  de- 
livery of  the  former  certificate  to  the  treasurer  of  the 
corporation,  shall  be  entitled  to  receive  a  new  certificate. 
A  pledgee  of  stock  transferred  as  collateral  security 
shall  be  entitled  to  a  new  certificate  if  the  instrument 
of  transfer  substantially  describes  the  debt  or  duty 
which  is  intended  to  be  secured  thereby.  Such  new 
certificate  shall  express  on  its  face  that  it  is  held  as 
collateral  security,  and  the  name  of  the  pledgor  shall 
be  stated  thereon,  who  alone  shall  be  liable  as  a  stock- 
holder and   entitled   to  vote  thereon. 

Books  open  to  stockholders.  §  42.  The  certificate  of 
incorporation,  and  an  attested  copy  of  the  agreement  of 
association,  and  of  the  by-laws,  with  a  reference  on  the 
margin  of  the  copy  of  the  by-laws  to  all  amendments 
thereof,  and  a  true  record  of  all  meetings  of  stock- 
holders, shall  be  kept  by  the  corporation  at  its  principal 
office  for  the  inspection  of  its  stockholders.  The  stock 
and  transfer  hooks  of  such  corporation,  which  shall 
contain  a  complete  list  of  all  stockholders,  their  resi- 
dences and  the  amount  of  stock  held  by  each,  shall  be 
kept  at  an  office  of  the  corporation  for  the  inspection 
of  its  stockholders.  Said  stock  and  transfer  books  and 
said  attested  copies  and  records  shall  be  competent 
evidence  in  any  court  of  this  commonwealth.  If  any 
officer  or  agent  of  a  corporation  having  charge  of  such 
copies,   hooks   or   records   refuses   or   neglects  to  exhibit 


them  or  to  submit  them  to  examination  as  aforesaid,  he 
or  the  corporation  shall  be  liable  to  any  stockholder 
for  all  actual  damages  sustained  by  reason  of  such 
refusal  or  neglect,  and  the  Supreme  Judicial  Court  or 
the  Superior  Court  shall  have  jurisdiction  in  equity, 
upon  petition  of  a  stockholder,  to  order  any  or  all  of 
said  copies,  books  or  records  to  be  exhibited  to  him 
and  to  such  other  stockholders  as  may  become  parties  to 
said  petition,  at  such  a  place  and  time  as  may  be 
designated  in  the  order. 

Lost  certificates.  §  43.  The  directors  of  a  corporation 
may,  unless  otherwise  provided  by  the  by-laws,  determine 
the  conditions  upon  which  a  new  certificate  of  stock 
may  be  issued  in  place  of  any  certificate  which  is 
alleged  to  have  been  lost  or  destroyed.  They  may,  in 
their  discretion,  require  the  owner  of  a  lost  or  destroyed 
certificate,  or  his  legal  representative,  to  give  a  bond 
with  sufficient  surety  to  the  corporation  in  a  sum  not 
exceeding  double  the  market  value  of  the  stock  to  in- 
demnify the  corporation  against  any  loss  or  claim  which 
may  arise  by  reason  of  the  issue  of  a  certificate  in  place 
of  such   lost  or  destroyed   stock   certificate. 

Unclaimed  dividends.  §  44.  Every  corporation  shsll, 
once  in  every  five  years,  publish  three  .times  successiv<  ly 
in  a  newspaper  in  the  city  Of  Boston,  and  also  in  a  news- 
paper in  the  county  in  which  the  principal  office  of  the 
corporation  is  located,  a  list  of  all  dividends  which  have 
remained  unclaimed  for  two  years  or  more  and  the  names 
of  the  persons  to   whose  credit  such  dividends  stand. 

Assessment  of  $100  per  share  authorized.  §  45.  The 
directors  may,  from  time  to  time,  assess  upon  each  share 
such  amounts,  not  exceeding  in  all  |100  on  a  share,  or 
the  price  fixed  under  the  provisions  of  §  70,  as  th  'y 
think  proijer,  and  may  direct  the  same  to  be  psid 
to  the  treasurer,  who  shall  give  notice  thereof  to  t  le 
subscribers.  If  a  subscriber  has  made  no  payment  up  m 
his  shares,  the  directors,  30  days  after  an  assessme  it 
has  become  due,  may  declare  them  forfeited,  and  m  ly 
transfer  them  to  any  responsible  person  who  subscrib  ?s 
for  them  and  pays  the  assessments  then  due.  If  a 
subscriber  neglects,  for  30  days  after  notice  from  t  le 
treasurer,  to  pay  an  assessment  upon  his  shares,  t  le 
directors  may  order  the  treasurer,  after  giving  notice  )f 
the  sale,  to  sell  such  shares  by  public  auction  to  t  ;o 
highest  bidder,  and,  upon  the  payment  by  him  to  t  le 
corporation  of  the  unpaid  assessments,  of  interest  to  t  le 
date  of  sale  and  of  the  charges  of  sale,  the  shares  sh:  11 
be  transferred  to  him.  If  within  30  days  after  the  sf  le 
the  purchaser  does  not  make  said  payment  to  the  ci  r- 
poration,  the  sale  shall  be  canceled,  and  the  subscril  ?r 
shall  be  liable  to  the  corporation  for  the  unpaid  asse  s- 
ments,  interest  thereon  and  charges  of  sale.  If  t  le 
amount  so  paid  by  the  purchaser  to  the  corporation  is 
more  than  the  amount  for  which  the  shares  were  so  d, 
the  subscriber  shall  be  liable  to  the  purchaser  for  t  le 
deficiency;  if  it  is  less,  the  purchaser  shall  be  liable  to 
the  subscriber  for  the  surplus.  If  a  subscriber  neglects 
to  pay  his  assessment  for  30  days  as  above  provided,  t  le 
directors  may  elect  to  proceed  by  an  action  at  law  agaii  st 
said  delinquent  subscriber  to  recover  all  amounts  d  le 
and  payable  by  him  with  interest.  If  a  judgmt  nt 
rendered  in  an  action  against  a  subscriber  remains  i  n- 
satisfied  for  30  days,  all  amounts  previously  paid  by  h  m 
shall  be  forfeited  to  the  company  and  the  directc  rs 
may  offer  such  shares  for  sale  as  above  provided. 

Increase  in  stock  or  bonds.  §  46.  A  railroad  corpo  a- 
tion,  for  the  purpose  of  building  a  branch  or  extension, 
or  of  aiding  in  the  construction  of  another  railroad,  or 
of  taking  stock  in  a  grain  elevator  corporation  in  the 
organization  of  which  it  is  an  associate,  or  of  erecting 
and  operating  grain  elevators  within  this  commonweal :h, 
or  of  building  depots,  or  of  abolishing  grade  crossings, 
or  of  making  permanent  investments  or  improvements, 
or  of  funding  Its  fioating  debt,  or  of  refunding  its 
funded  debt,  or  for  the  payment  of  money  borrowed 
for  any  lawful  purpose,  or  for  other  necessary  and  Iew- 
ful  purposes,  may,  from  time  to  time,  in  accordai  ce 
with  the  provisions  of  §  65,  increase  its  capital  stcck 
or  bonds  beyond  the  amounts  fixed  and  limited  by  its 
agreement  of  association  or  its  charter,  or  by  any  spe- 
cial  law. 

Unauthorized  increase — Forfeiture.     §  47.     It  a  railroad 


Public  Service  Laws 


C65 


corporation  owning  a  railroad  in  tliis  commonwealtli 
and  consolidated  with  a  corporation  owning  a  railroad 
in  another  State  increases  its  capital  stock,  or  the 
capital  stock  of  such  consolidated  corporation,  except  as 
authorized  by  this  Act,  without  authority  of  the  general 
court,  or  without  such  authority  extends  its  line  of 
railroad,  or  consolidates  with  any  other  corporation,  or 
makes  a  stock  dividend,  the  charter  and  franchise  of 
such    corporation    shall   be    subject   to   forfeiture. 

Issue  of  coupon  bonds,  etc.  §  48.  A  railroad  corporation 
may,  by  vote  at  a  meeting  called  for  the  purpose,  in  accord- 
ance with  the  provisions  of  this  section  and  of  §§  65  and  66, 
but  not  otherwise,  issue  coupon  or  registered  bonds, 
coupon  notes  or  other  evidences  of  indebtedness  payable 
at  periods  of  more  than  12  months  from  the  date 
thereof  to  provide  means  for  funding  its  floating  debt, 
or  for  the  payment  of  money  borrowed  for  any  lawful 
purpose,  and  may  mortgage  or  pledge,  as  security  for 
the  payment  of  such  indebtedness,  a  part  or  all  of  its 
railroad,  equipment  or  franchise,  or  a  part  or  all  of  its 
real  or  personal  property.  Such  bonds,  coupon  notes 
or  other  evidences  of  indebtedness  may  be  issued  in 
amounts  of  not  less  than  $100  each,  payable  in  periods 
not  exceeding  50  years  from  the  date  thereof,  and  may 
bear  interest  not  exceeding  7  per  cent  a  year,  pay- 
able annually  or  semi-annually,  to  an  amount  which, 
including  that  of  bonds,  coupon  notes  or  other  evidences 
of  indebtedness  previously  issued,  does  not  exceed  in 
all  the  capital  stock  of  the  corporation  actually  paid  in 
at  the  time;  and  such  bonds,  coupon  notes  or  other 
evidences  of  indebtedness  shall  be  recorded  by  its 
treasurer  in  books  to  be  kept  in  his  office.  A  bond, 
coupon  note  or  other  evidence  of  indebtedness  shall  not 
be  issued  unless  approved  by  a  person  appointed  by  the 
corporation  for  that  purpose,  who  shall  certify  that  it 
is   properly   issued   and   recorded. 

STIiEKT  RAII.W.W    BOXDS. 

Bonds  limited  to  amount  of  paid-up  capital.  §  1.  In 
computing  the  amount  of  capital  stock  of  a  railroad  cor- 
poration, electric  railroad,  street  railway  or  elevated 
railway  company  for  the  purpose  of  determining  the 
maximum  amount  of  bonds,  coupon  notes  or  other  evi- 
dences of  indebtedness,  payable  at  periods  of  more 
than  12  months  after  the  date  thereof,  under  the  pro 
visions  of  §§  48,  57  and  66  of  part  II,  or  of  §  108  of  part 
III,  of  chapter  463  of  the  Acts  of  1900,  and  under  any 
similar  provisions  of  any  special  Acts  limiting  the  amount 
of  such  securities,  which  a  railroad  corporation,  an 
electric  railroad,  a  street  railway  or  elevated  railway 
company  may  issue,  to  the  amount  of  its  capital  stock 
at  the  time  actually  paid  in,  there  shall  be  added  to  the 
par  value  of  the  capital  stock  all  cash  premiums  paid 
into  the  corporation  on  all  shares  issued  by  such  cor- 
poration or  company  subsequent  to  July  9,  1894,  under 
the  provisions  of  chapter  462  of  the  Acts  of  1894  or  of 
any  similar  provisions  of  law,  and  the  maximum  amount 
of  such  bonds,  notes  and  other  evidences  of  indebted- 
ness which  such  corporation  or  company,  unless  ex- 
pressly authorized  by  its  charter  or  by  special  law,  may 
issue  with  the  approval  of  the  board  of  railroad  com- 
missioners, shall  be  limited  to  the  aggregate  amount  of 
its  issued  and  outstanding  capital  stock,  determined  as 
provided  in  this  Act,  and  actually  paid  into   its  treasury. 

§  2.  This  Act  shall  take  effect  upon  its  passage.  [Ap- 
proved June  12,  1908.] 

Registered  bonds.  §  49.  At  the  request  of  the  owner 
or  holder  of  any  coupon  bonds  lawfully  issued,  the  rail- 
road corporation  which  issued  them  may  issue  registered 
bonds  in  exchange  for  them,  upon  such  terms  and  und?r 
such  regulations  as  its  directors  may  prescribe,  and  with 
the  consent  and  approval  of  the  trustees,  if  any,  to 
whom  a  mortgage  or  pledge  has  been  executed;  and 
such  registered  bonds  shall,  with  the  exception  of  the 
coupons,  correspond  in  all  respects  with  the  coupon 
bonds  for  which  they  are  exchanged,  and  shall  be  in 
conformity  with  all  laws  authorizing  the  issue  of  said 
coupon  bonds.  Such  exchange  shall  not  affect  a  mort- 
gage or  pledge  given  as  Security  for  the  payment  of 
Such  coupon  bonds,  and  such  mortgage  or  pledge  shall 
remain  in  full  force  as  security  for  such  registered 
bonds;  and  the  coupon  bonds  shall  be  cancelled  and 
destroyed  at  the  same  time  that  the  registered  bonds 
are   issued   in   exchange   therefor. 


Mortgage  to  secure  bonds  previously  issued.  $  50.  A 
railroad  corporation  which  has  issued  bonds  shall  not 
subsequently  execute  a  mortgage  upon  its  railroad, 
equipment  and  franchise  or  upon  any  of  its  real  or  per- 
sonal property,  without  including  in  and  securing  by  such 
mortgage  all  bonds  previously  issued  and  all  its  pre- 
existing debts  and   liabilities. 

Securities  collectible.  §  51.  All  bonds  or  notes  which 
are  issued  by  a  railroad  corporation  shall  be  valid  and 
binding,  although  negotiated  and  sold  by  it  or  its  agents 
at   less    than   par. 

Trustees  entitled  to  possession  may  contract  with  cor- 
poration to  operate  railroad.  §  52.  If  a  railroad  corpora- 
tion, having  executed  a  mortgage  of  its  property,  rights 
and  privileges,  or  of  a  part  thereof,  to  trustees  for  the 
benefit  of  its  general  creditors,  or  of  a  particular  class 
of  creditors,  makes  -default  in  the  performance  of  tho 
condition  of  the  mortgage,  so  that  the  trustees  or  their 
successors  are  entitled  to  the  actual  possession  and 
usufruct  of  the  property,  rights  and  privileges  therein 
conveyed,  in  trust  for  the  purposes  specified  in  the 
mortgage,  the  trustees,  after  entry,  instead  of  retaining 
actual  possession  of  the  mortgaged  premises  and  operat- 
ing the  railroad,  may  contract  with  the  corporation  or 
other  competent  party  to  take  or  retain  for  them  the 
possession  of  the  mortgaged  premises,  and  to  use  and 
operate  the  same  on  its  own  responsibility,  accounting 
with  the  trustees  for  the  earnings  and  income,  and  pay- 
ing over  the  profits  and  net  income  periodically,  when 
and  as  far  as  may  be  necessary  for  the  performance 
of  the  conditions  of  the  mortgage,  if  a  majority  in 
interest  of  the  bondholders  or  creditors  under  the 
mortgage  shall  so  vote,  in  person  or  by  proxy,  at  a 
meeting  called  for  the  purix)se,  notice  of  which  shall 
be  published  10  days  before  said  meeting  in  two  or  more 
daily  papers  published  in  the  city  of  Boston,  and  in  at 
least  one  newspaper  published  in  each  county  in  which 
the  railroad  is  located.  All  liabilities  incurred  by  the 
corporation  or  other  party  in  operating  the  railroad 
under  such  contract  shall  be  held  as  claims  against 
and  be  paid  out  of  the  income,  in  the  same  manner  and 
to  the  same  extent,  as  If  the  property  had  remained  in 
the  actual  possession  of  the  trustees  and  been  operated 
by   them. 

Trustees  in  possession  to  call  annual  meetings.  §  53. 
Trustees  in  possession  of  a  railroad  under  a  mortgage 
shall  annually  call  a  meeting  of  the  bondholders  or 
creditors  for  whose  security  they  hold  the  railroad  in 
trust,  to  be  held  in  December,  of  which  notice  shall  be 
given  by  publication,  at  least  10  days  before  such  meet- 
ing, in  two  or  more  daily  newspapers  in  the  city  of 
Boston,  and  in  at  least  one  newspaper  in  each  county 
in  which  the  railroad  is  located;  and  at  such  meeting 
they  shall  submit  a  report  for  the  year,  similar  to  the 
annual  report  of  railroad  directors  to  stockholders.  If 
they  fail  to  call  such  meeting,  five  or  more  bondholders 
or  creditors,  whose  claims  secured  by  the  mortgage 
amount  to  not  less  than  flO.OOO,  may  In  the  same  manner 
call  such  meeting,  to  be  held  in  the  January  following 
said   December. 

Election  and  confirmation  of  trustees.  §  54.  At  the  an- 
nual meeting  held  under  the  provisions  of  the  preceding 
section,  the  bondholders  or  creditors,  by  a  majority 
in  interest  vote,  may,  in  person  or  by  proxy,  elect  three 
trustees  under  the  mortgage  for  the  ensuing  year,  and 
until  others  are  chosen  and  qualified.  And  the  trustees 
or  any  of  them  or  a  bondholder  or  creditor  may  sub- 
mit the  proceedings  of  the  meeting  for  confirmation  to 
a  justice  of  the  Supreme  Judicial  Court,  in  court  or  at 
chambers,  first  giving  notice  of  his  intention  so  to  do 
to  the  former  trustees  under  the  mortgage,  to  the 
trustees  of  all  other  existing  mortgages  upon  the  rail- 
road, and  to  the  corporation,  seven  days  at  least  before 
the  hearing  thereon;  which  notice  may  be  served  by  an 
officer  or  disinterested  person.  The  justice  may  hear 
the  parties,  ratify  the  election,  and  enter  such  decree 
as  he  may  find  necessary  to  transfer  the  property  to 
the  new  trustees;  which  decree  shall  be  filed  in  the 
office  of  such  clerk  of  the  court  as  the  justice  may 
direct. 

Equity  jurisdiction  of  supreme  judicial  court.  §  55.  The 
Supreme  Judicial  Court  shall  have  jurisdiction  in  equity 
of  all  cases  arising  under  the  provisions  of  the  two  pre- 


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ceding  sections,  and  o£  all  questions  arising  out  of 
railroad  mortgages,  and  may  summarily  remove  a  trustee 
under  a  railroad  mortgage,  whether  he  is  in  possession 
of  the  railroad  or  not,  and  appoint  a  new  trustee  in  his 
stead. 

Rights  of  purchaser  under  foreclosure.  §  56.  A  pur- 
chaser of  a  railroad  at  a  sale  under  a  valid  foreclosure 
of  a  legal  mortgage  thereof,  and  his  successors  in  title, 
shall,  relative  to  the  construction,  maintenance  and 
operation  of  said  railroad,  be  subject  to  all  the  duties, 
liabilities  and  restrictions,  and  have  all  the  powers  and 
rights,  which  the  mortgagor  was  subject  to  and  had 
at  the  time  of  said  sale. 

Talcing  securities  of  other  corporations.  §  57.  A  rail- 
road corporation,  unless  authorized  by  the  general  court 
or  by  the  provisions  of  the  following  five  sections,  shall 
not  directly  or  indirectly  subscribe,  for,  take  or  hold  the 
stock  or  bonds  of  or  guarantee  the  bonds  or  dividends 
of  any  other  corporation;  and  the  amount  of  the  bonds 
of  one  or  more  other  corporations  subscribed  for  and 
held  by  a  railroad  corporation,  or  guaranteed  by  it  con- 
formably to  special  authority  of  the  general  court  or 
the  authority  given  in  said  sections,  with  the  amount 
of  its  own  bonds  issued  in  conformity  with  §  §  48  and  49, 
shall  not  exceed  at  any  time  the  amount  of  its  capital 
stock  actually  paid  in  in  cash. 

Stock  in  a  telegraph  company.  §  58.  A  railroad  corpo- 
ration may  hold  stock  in  a  telegraph  company  whose 
telegraph  connects  two  or  more  places  on  the  railroad 
to  an  amount  not  exceeding  J200  for  each  mile  of  rail- 
road so  connected. 

Guaranty  of  tonds  of  steamship  companies.  §  59.  A 
railroad  corporation  may  guarantee,  to  an  amount  not  ex- 
ceeding 5  per  cent  of  its  capital  stock,  the  bonds  of  any 
corporation  incorporated  by  the  general  court  for  the 
purpose  of  carrying  freight,  passengers  and  mails  be- 
tween any  port  of  this  commonwealth  and  Europe;  or, 
upon  adequate  security  therefor,  may  issue  its  own  bonds 
to  the  same  amount  conformably  to  the  provisions  of 
§  48. 

Railroad  corporation  may  iecome  associate  in  grain  ele- 
vator corporation.  §  60.  A  railroad  corporation  may  be- 
come an  associate  under  the  provisions  of  chapter  437  of 
the  Acts  of  the  year  1903  in  the  information  of  a  corpo- 
ration for  the  purpose  of  erecting  and  operating  a  grain 
elevator  within  this  commonwealth  and  may  take  stock 
in  any  elevator  corporation  so  organized  and,  at  all  meet- 
ings, and  in  all  transactions  of  such  elevator  corpora- 
tion, the  president  of  the  railroad  corporation,  or  in 
his  absence  any  officer  appointed  by  its  board  of  di- 
rectors, may  represent,  act  and  vote  in  the  same  name  of 
such   railroad    corporation. 

Connecting  roads  may  guarantee  each  other's  bonds. 
§  61.  If  two  corporations  own  and  operate  connecting  rail- 
roads, which  are  wholly  constructed,  either  corporation 
may  guarantee  the  bonds  of  the  other,  upon  such  terms 
and  to  such  an  extent  as  may  be  authorized  at  a  meeting 
called  for  the  purpose,  if  the  bonds  so  guaranteed  do 
not  exceed  the  amount  of  the  capital  stock  of  the  cor- 
poration by  which  they  were  issued  actually  paid  In 
in  cash  by  Its  stockholders,  and  if  they  are  in  all  other 
respects  issued  in  conformity  with  law. 

Railroad  corporations  may  aid  in  construction  of 
branches,  etc.  §  62.  A  railroad  corporation  may  aid  In  the 
construction  of  any  branch  or  connecting  railroad  within 
the  limits  of  this  commonwealth,  whether  connecting  by 
a  railroad  or  steamboat  line,  by  subscribing  for  shares 
of  stock  in  such  corporation,  or  by  taking  its  notes  or 
bonds  to  be  secured  by  mortgage  or  otherwise,  and  may 
vote  on  all  shares  of  stock  so  subscribed  for  and  held; 
but  a  corporation  shall  not  so  subscribe  to  an  amount 
in  excess  of  2  per  cent  of  Its  paid-up  capital  stock,  or 
mortgage  its  property  to  secure  the  loans  or  subscrliJ- 
tions  made  by  any  other  corporation  under  the  provisions 
of  this  section,  except  by  a  vote  of  a  majority  In  interest 
of  the  stockholders  at  a  meeting  called  for  that  purpose. 

Stock  or  scrip  dividends  forbidden,  when.  §  63.  A  rail- 
road corporation  shall  not  declare  any  stock  or  scrip 
dividend  or  divide  the  proceeds  of  the  sale  of  stock 
or  scrip  among  its  stockholders;  nor  shall  any  such 
corporation  issue  any  share  of  stock  to  any  person  un- 
less the  par  value  of  the  shares  so  Issued  Is  first  paid 


in  cash  to  its  treasurer;  nor  shall  it  without  authority 
of  the  general  court  increase  its  capital  stock  beyond  the 
maximum  amount  fixed  by  Its  act  of  Incorporation,  or 
fixed  under  the  provisions  of  §  46. 

Liability  of  directors.  §  64.  A  certificate  of  stock  or 
scrip  issued  In  violation  of  the  provisions  of  the  pre- 
ceding section  shall  be  void;  and  each  director  of  the 
corporation  issuing  it  shall  be  liable  to  a  penalty  ot 
$1,000,  to  be  recovered  by  indictment  in  the  county 
In  which  he  resides,  or.  If  he  resides  in  no  county,  in 
the  county  in  which  he  is  commorant,  or  the  offense  wa3 
committed;  but  if  any  such  director  proves,  that,  before 
such  issue,  he  filed  his  dissent  in  writing  thereto  with 
the  clerk,  or  was  absent,  and  at  no  time  voted  therefor, 
he  shall  not  be  so  liable. 

Issue  of  capital  stock,  bonds,  coupon  notes  and  other 
evidences  of  indebtedness.  §  65.  A  railroad  corporation 
shall  issue  only  such  amounts  of  stock  and  bonds,  cou- 
pon notes  and  other  evidences  of  Indebtedness  payable 
at  periods  of  more  than  12  months  after  the  date  thereof, 
as  the  board  of  railroad  commissioners  may  from  time 
to  time  determine  to  be  reasonably  necessary  for  ttie 
purpose  for  which  such  issue  of  stock  or  bonds  has  besn 
authorized.  Said  board  shall  render  a  decision  upon 
an  application  for  such  Issue  within  30  days  after  tie 
final  hearing  thereon.  Such  decision  shall  be  in  writlrg, 
shall  assign  the  reasons  therefor,  shall,  if  authorizing 
such  issue,  specify  the  respective  amounts  of  stock  ir 
bonds,  or  of  coupon  notes  or  other  evidences  of  indebt- 
edness as  aforesaid,  which  are  authorized  to  be  issued 
for  the  respective  purposes  to  which  the  proceeds  theie- 
of  are  to  be  applied,  shall,  within  seven  days  after  is  h  is 
been  rendered,  be  filed  in  the  office  of  said  board.  A  c(  r- 
tificate  of  the  decision  ot  said  board  shall,  within  thr'  e 
days  after  such  decision  has  been  rendered  and  befo  -o 
the  stock  or  bonds  or  coupon  notes  or  other  evidences  )f 
Indebtedness  as  aforesaid  are  Issued,  be  filed  in  V  e 
office  of  the  secretary  of  the  commonwealth,  and  a 
duplicate  thereof  delivered  to  the  corporation.  Sui  h 
corporation  shall  not  apply  the  proceeds  of  sui  h 
stock  or  bonds  or  coupon  notes  or  other  evidences  of  J 
debtedness  as  aforesaid  to  any  purpose  not  specified  J 
such  certificate.  The  provisions  of  this  section  shall  a 
require  the  approval  of  the  board  of  railroad  comiajj 
sloners  to  the  issue  of  capital  stock  or  bonds,  or  - 
coupon  notes  or  other  evidences  of  indebtedness  ;  s 
aforesaid,  authorized  by  law  of  this  commonwealth,  tl  o 
proceeds  of  which  are  to  be  expended  in  another  Sta  e 
or  country,  or  which  are  to  i>ay  for  borrowed  mom  y 
expended   in  another  State  or  country.  ^ 

PRtCE    OF    NEW    STREET   RAILWAY    STOCK. 

Increase  of  capital  stock — Stockholders  to  fix  price — L 
for  subscriptions  to  new  stock.     §  1.    Any  railroad,  st 
railway,    electric    railroad    or    elevated    railway    compa)  | 
which  Is  In  actual  possession  of  and  operating  a  railr<i 
or  railway  shall,   upon   any  increase  of  its   capital  stoj 
except  as  provided  In  the  following  section,  otter  the  nt 
shares  proportionately  to  its  stockholders  at  such  price  m 

less  than   the   par  value  thereof  as  may  be   determim 

by  its  stockholders.  The  directors  upon  the  approv  it** 
of  such  Increase,  as  provided  in  §  65  of  part  II  ai  d 
§107  ot  part  III  ot  chapter  463  of  the  Acts  of  the  yeir 
1906,  shall  cause  written  notice  of  such  Increase  to  be 
given  to  each  stockholder  ot  record  upon  the  books  )t 
the  company  at  such  date  as  shall  be  designated  by  vo;e 
ot  the  directors  passed  after  the  approval  by  the  boa'd 
ot  such  Issue,  stating  the  amount  of  the  increase,  the 
number  of  shares  or  fractions  of  shares  to  which,  so- 
cording  to  the  proportionate  number  of  his  shares  it 
said  date  designated  by  vote  of  the  directors,  he  Is  ea- 
tltled,  the  price  at  which  he  is  entitled  to  take  theio, 
and  fixing  a  time  not  less  than  15  days  after  said  date 
designated  by  vote  of  the  directors  within  which  he 
may  subscribe  for  such  additional  stock.  Each  stoclt- 
holder  may  within  the  time  limited  subscribe  for  his 
portion  of  such  stock,  which  shall  be  paid  for  In  ca:jh 
before  the  Issue  ot  a  certificate  therefor.  [As  amendi'd 
by  Act  approved  May  7,  1909.] 

Auction  sale  of  stock.  §  2.  If  the  Increase  In  the  capital 
stock  which  is  subject  to  the  provisions  of  the  pre- 
ceding section  does  not  exceed  4  per  cent  of  the  exist- 
ing capital  stock  ot  the  company,  the  directors,  without 


h 

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Public  Service  Laws 


667 


first  offering  the  same  to  the  stockholders,  may  sell 
shares  by  auction  to  the  highest  bidder,  at  not  less 
than  the  par  value  thereof,  to  be  actually  paid  in  cash. 
They  may  also  so  sell  at  public  auction  any  shares  which, 
after  the  expiration  of  the  time  limited  in  the  notice  re- 
quired by  the  preceding  section,  remain  unsubscribed  for 
by  the  stockholders  entitled  to  take  them.  Such  shares 
shall  be  offered  for  sale  in  the  city  of  Boston,  or  in 
such  other  city  or  town  as  may  be  prescribed  by  the 
board  of  railroad  commissioners;  and  notice  of  the 
time  and  place  of  such  sale  shall  be  published  at  least 
five  times  during  the  10  days  immediately  preceding  the 
sale  in  each  of  at  least  three  of  such  daily  newspapers 
as  may  be  prescribed  by  said  board.  No  shares  shall  be 
sold  or  issued  under  this  or  the  preceding  section  for  a 
less  amount  to  be  actually  paid  in  cash  than  the  par 
value   thereof. 

Railroad  commission  may  refuse  to  approve  issue.  §  3. 
The  determination  by  the  board  of  railroad  commis- 
sioners, under  the  provisions  of  §  65  of  said  part  II 
and  §  107  of  said  part  III,  as  to  the  amount  of  stock 
which  is  reasonably  necessary  for  the  purpose  for  which 
such  stock  has  been  authorized  shall,  in  the  case  of 
the  corporations  described,  in  this  Act,  be  based  upon 
the  price  at  which  such  stock  is  to  be  issued  as  fixed 
by  the  stockholders:  Provided,  that  the  board  shall 
refuse  to  approve  any  particular  issue  of  stock  if, 
in  the  opinion  of  the  board,  the  price  fixed  by  the 
stockholders  is  so  low  as  to  be  inconsistent  with  the 
public  interest. 

Repeal.  §  4.  All  Acts  and  parts  of  Acts  inconsistent 
herewith  are  hereby  repealed,  so  far  as  they  apply  to 
corporations   described   in  this  Act. 

§  5.  This  Act  shall  take  effect  upon  its  passage.  [Ap- 
proved June  13,  1908.] 

PREFERKED  STOCK. 

Issues  of  preferred  stock.  §  1.  Every  corporation  orga- 
nized under  the  laws  of  this  commonwealth  shall  have 
power  to  issue  preferred  stock  to  an  amount  not  exceed- 
ing at  any  time  the  amount  of  the  general  stock  then 
outstanding,  with  such  preferences  and  voting  powers  or 
restrictions  or  qualifications  thereof  as  shall  be  fixed 
and  determined  in  the  by-laws  at  the  organization  of 
the  corporation;  or  after  organization,  by  a  two-thirds 
vote  of  all  the  stock,  or  by  a  by-law  adopted  by  a  two- 
thirds  vote  of  all  the  stock,  at  a  meeting  duly  called  for 
the    purpose. 

Subject  to  all  general  laws.  §  2.  Such  stock  shall  be 
issued  subject  to  all  general  laws  of  the  commonwealth 
governing  the  issue  of  capital  stock;  and  each  certificate 
subsequently  issued  of  stock  in  the  corporation  shall 
have  fully  and  plainly  printed  thereon  the  by-law  or 
vote  of  the  corporation  authorizing  the  issue  of  pre- 
ferred stock. 

§  3.  This  Act  shall  take  effect  upon  its  passage.  [Ap- 
proved June  5,  1902.] 

CHAPTER  590,  1908. 

PAET   V INVESTMENTS. 

I  68.  Deposits  and  the  income  derived  therefrom  shall 
be  invested  only  as  follows:  .  .  .  Third,  a.  In  the 
bonds  or  notes,  issued  in  accordance  with  the  laws  of 
this  commonwealth,  of  a  railroad  corporation  incorpo- 
rated therein  the  railroad  of  which  is  located  wholly  or 
In  part  therein,  which  has  paid  In  dividends  in  cash 
an  amount  equal  to  not  less  than  4  per  cent  per  annum 
on  all  its  outstanding  issues  of  capital  stock  in  each 
fiscal  year  for  the  five  years  next  preceding  such  invest- 
ment, or  in  the  first  mortgage  bonds  of  a  terminal  cor- 
poration incorporated  in  this  commonwealth  and  whose 
property  is  located  therein,  which  is  owned  and  operated, 
or  the  bonds  of  which  are  guaranteed  as  to  principal  and 
interest,  or  assumed,  by  such  railroad  corporation.  Any 
shares  of  the  capital  stock  of  a  railroad  corporation 
leased  to  such  railroad  corporation,  which  are  owned 
by  said  lessee  corporation,  shall  not  be  considered  as 
outstanding   within   the   meaning   of   this   subdivision. 

Limit  of  issue  of  bonds,  coupon  notes  and  other  evi- 
dences of  indebtedness.  §  66.  A  railroad  corporation,  un- 
less expressly  authorized  by  its  charter  or  by  special 
law,    shall    not  issue   bonds,   coupon   notes   or   other   evi- 


dences of  Indebtedness  payable  at  periods  of  more  than 
12  months  after  the  date  thereof  to  an  amount  which, 
Including  the  amount  of  all  such  securities  previously 
issued  and  outstanding,  exceeds  in  the  whole  the  amount 
of  its  capital  stock  at  the  time  actually  paid  in;  but 
this  limitation  shall  not  apply  to  the  issue  of  bonds 
for  the  purpose  of  paying  and  refunding  at  maturity 
bonds  lawfully  issued  prior  to  the  second  day  of  June 
in  the  year  1897;  nor  shall  it  apply  to  such  of  the  bonds 
Issued  or  to  be  issued  under  a  mortgage  as  are  deposited 
to  retire  at  or  before  maturity  bonds  or  other  evidences 
of  Indebtedness  previously  issued  and  outstanding  at 
the  date  of  such  mortgage,  and  as  do  not  exceed  the 
par  value  of  the  funded  or  other  debt  so  to  be  retired; 
and  such  corporation  shall  not  issue  the  securities 
specified  in  this  section  unless  authorized  by  a  vote 
of  its  stockholders  at  a  meeting  called  for  the  purpose. 

Enforcement  of  stock  and  bond  laws  at  suit  of  railroad 
commission.  §  67.  The  supreme  judicial  court  or  the  Supe- 
rior Court  shall  have  jurisdiction  in  equity,  upon  the  appli- 
cation of  the  board  of  railroad  commissioners,  of  the 
attorney-general,  of  any  stockholder  or  of  any  Interested 
party,  to  enforce  the  provisions  of  the  two  preceding  sec- 
tions and  all  lawful  orders  and  decisions,  conditions  or 
requirements   of   said   board   made   in  pursuance   thereof. 

Penalties.  §  68.  A  director,  treasurer  or  other  officer  or 
agent  of  a  railroad  corporation,  who  knowingly  votes 
to  authorize  the  Issue  of,  or  knowingly  signs,  certifies 
or  Issues,  stock  or  bonds  contrary  to  the  provisions  of 
§§  65  and  66,  or  who  knowingly  votes  to  authorize  the 
application,  or  knowingly  applies  the  proceeds,  of  such 
stock  or  bonds  contrary  to  the  provisions  of  said  sec- 
tions, or  who  knowingly  votes  to  assume  or  incur,  or 
knowingly  assumes  or  incurs  In  the  name  or  behalf 
of  such  corporation,  any  debt  or  liability  except  for 
the  legitimate  purposes  of  the  corporation,  shall  be  pun- 
ished by  a  fine  of  not  more  than  $1,000,  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine 
and  imprisonment. 

New  shares  to  be  offered  to  stockholders  upon  increase 
of  capital  stock.  §  69.  If  a  corporation  which  owns  or  oper- 
ates a  railroad  increases  its  capital  stock,  such  new  shares 
as  are  necessary  to  produce  the  amount  of  increased  capi- 
tal stock  which  has  been  authorized  shall,  except  as 
provided  in  the  following  section,  be  offered  propor- 
tionately to  its  stockholders  at  such  price  not  less  than 
the  market  value  thereof  at  the  time  of  increase,  as  may 
be  determined  by  the  board  of  railroad  commissioners, 
taking  into  account  previous  sales  of  stock  of  the  cor- 
poration and  other  pertinent  conditions,  which  determina- 
tion shall  be  in  writing  and  with  the  date  thereof  shall 
be  certified  to  and  recorded  In  the  books  of  the  corpora- 
tion. The  directors,  upon  the  approval  of  such  increase 
as  provided  In  §  65,  and  the  determination  of  the  market 
value  as  hereinbefore  provided,  shall  cause  writtefn  notice 
of  such  increase  to  be  given  to  each  stockholder  of  rec- 
ord upon  the  books  of  the  corporation  at  the  close  of 
business  on  the  date  of  such  determination  by  said  board, 
stating  the  amount  of  such  increase,  the  number  of  sharea 
or  fractions  of  shares  to  which  he,  according  to  the  pro- 
portionate number  of  his  shares  at  the  date  of  such- 
determination,  is  entitled,  the  price  at  which  he  is  en- 
titled to  take  them,  and  fixing  a  time,  not  less  than  15 
days  after  the  date  of  such  determination  by  said  board, 
within  which  he  may  subscribe  for  such  additional  stock. 
Each  stockholder  may,  within  the  time  limited,  sub- 
scribe for  his  portion  of  such  stock,  which  shall  be  paid 
for  in  cash  before  the  issue  of  a  certificate  therefor. 

Neio  stock  sold  at  auction.  §  70.  If  the  Increase  In  the 
capital  stock  which  Is  subject  to  the  provisions  of  the 
preceding  section  does  not  exceed  4  per  cent  of  the  exist- 
ing capital  stock  of  the  corporation,  the  directors,  without 
first  offering  the  same  to  the  stockholders,  may  sell  them 
by  auction  to  the  highest  bidder  at  not  less  than  the 
par  value  thereof  to  be  actually  paid  In  cash.  They 
may  also  so  sell  at  public  auction  any  shares,  which,  after 
the  expiration  of  the  time  limited  in  the  notice  required 
by  the  preceding  section,  remain  unsubscribed  for  by 
the  stockholders  entitled  to  take  them.  Such  shares 
shall  be  offered  for  sale  In  the  city  of  Boston,  or  in  such 
other  city  or  town  as  may  be  prescribed  by  the  board 
of  railroad  commissioners;  and  notice  of  the  time  and 
place  of  such  sale  shall  be  published  at  least  five  times 


668 


National  Associatiox  of  Railway  Commissioners 


during  the  10  days  Immediately  preceding  the  sale  in 
each  of  at  least  three  of  such  dally  newspapers  as  may 
be  prescribed  by  said  board.  No  shares  shall  be  sold 
or  issued  under  this  or  the  preceding  section  for  a  less 
amount  to  be  actually  paid  in  cash  than  the  par  value 
thereof. 

Location  of  railroad  to  be  approved  by  commission.  §  71. 
A  railroad  corporation  shall  not  locate  or  begin  to  con- 
struct Its  railroad  or  a  branch  or  extension  thereof,  or 
enter  upon  and  use  land  or  other  property,  except  for 
making  surveys,  until  a  sworn  estimate  of  the  total 
cost  of  constructing  the  same,  prepared  by  its  chief 
engineer,  has  been  submitted  to  the  board  of  railroad 
commissioners  and  approved  by  it;  nor  until  said  board 
is  satisfied  that  an  amount  of  the  capital  stock  of  the 
corporation  equal  to  at  least  50  per  cent  of  such  es(ti- 
mated  cost  has  been  actually  subcribed  by  responsible 
parties  without  any  condition  which  invalidates  the 
subscription,  and  that  20  per  cent  of  the  par  value  ot 
each  share  has  been  actually  paid  in;  and  that  the 
authority  and  consent  required  by  §  82  have  been 
obtained;  nor  until  the  clerk  ot  said  hoard,  upon  its 
order,  has  filed  a  certificate  with  the  secretary  of  the 
commonwealth  that  the  provisions  of  this  section  have 
been  complied  with;  nor  until  the  corporation  has  paid 
to  the  secretary  a  fee  of  $50  for  filing  such  certificate. 
The  Supreme  Judicial  Court  shall  have  jurisdiction  in 
equity,  it  said  board  certifies  a  location  before  ascertain- 
ing that  the  authority  and  consent  required  by  §  82  have 
been  obtained.  The  certificate  of  a  master  in  chancery 
or  a  justice  of  a  court  of  record  for  the  county  in  which 
a  subscriber  resides  that  he  owns  property  in  his  own 
name  equal  in  value,  above  all  encumbrances,  to  the 
amount  of  his  subscription  shall  be  conclusive  evidence 
of  his  responsibility.  If  said  board  refuses  its  approval 
to  an  estimate  or  a  subscription  list  so  submitted,  it 
shall  in  writing  state  its  reasons  therefor  in  detail  at 
the  time  and  shall  include  them  in  its  next  annual 
report. 

Location  not  to  be  icithin  three  miles  of  State  house. 
t  72.  No  railroad  or  part  thereof  which  is  operated  by 
steam  power  shall  hereafter  be  located  or  constructed 
within  three  miles  of  the  State  house  without  the  previ- 
ous consent  in  writing  of  the  board  of  railroad  commis- 
sioners, and  of  the  board  of  aldermen  of  any  city  or 
of  the  selectmen  of  any  town  in  which  the  location  Is 
sought. 

Location  and  construction.  §  73.  A  railroad  corporation 
may  lay  out  its  railroad  not  more  than  5  rods  wide; 
and  for  the  purpose  of  cuttings  or  embankments  or  ot 
procuring  stone  and  gravel  and  for  depot  and  station 
purposes  may  purchase  or  otherwise  take,  in  the  manner 
hereinafter  provided,  as  much  land  as  may  be  necessary 
for   the  .proper  construction   and   security   of  its  railroad. 

Filing  of  the  location.  §  74.  The  corporation  shall, 
within  one  year  after  the  filing  of  the  certificate  of  the 
clerk  of  the  board  of  railroad  commissioners  with  the 
secretary  of  the  commonwealth  as  provided  in  §  71, 
file  with  the  commissioners  of  each  county  through 
which  the  railroad  passes  the  location  of  the  railroad 
as  laid  out,  defining  the  courses,  distances  and  boun- 
daries of  such  portion  of  it  as  lies  within  each  county, 
certified  by  the  clerk  of  said  board,  and  in  such  form 
and  with  such  other  particulars  as  may  be  required  by  the 
rules  of  said  board;  and  until  such  location  has  been 
filed,  the  corporation  shall  not  enter  upon  or  use  any 
land  or  other  property,  except  for  making  surveys.  The 
Supreme  Judicial  Court  shall  have  jurisdiction  in  equity 
of  any  violation  of  the  provisions  of  this  section  by  any 
entry  upon  or  use  of  lands. 

Location  of  purchased  land.  §  75.  The  corporation  may, 
within  one  year  after  it  has  purchased  or  acquired 
land  for  railroad  purposes,  file  with  the  commissioners 
of  each  county  in  which  such  land  is  located  a  location 
thereof,  defining  the  courses,  distances  and  boundaries 
of  such  land  and  certified  by  the  clerk  of  the  board  of 
railroad  commissioners  in  such  form  and  with  such 
other  particulars  as  the  rules  ot  said  board  may  re- 
quire. 

Railroad  commission  rules.  The  rules  prescribed  by  the 
board  of  railroad  commissioners,  under  §§  75,  78  and  81 
ot  part  II,  chapter  463  ot  the  Acts  ot  1906,  In  regard  to 
records  of  land  purchased  or  acquired  for  railroad  pur- 


poses,  or  of  railroad   locations,  and  the   manner  ot  keep- 
ing the   same,  are  as   follows: 

Rule  1.  I..ocation  maps  shall  be  made  upon  a  scale 
showing  not  more  than  400  feet  to  the  inch,  upon  cloth- 
backed  paper,  and  shall  be  firmly  bound  for  record  In 
books  18  Inches  from  top  to  bottom,  and  30  inches  from 
back   to   front. 

Rule  2.  Said  maps  shall  show  the  courses  of  the 
tangents  and  the  radii  of  the  curves  of  the  center 
line  of  the  railroad  in  question;  the  widths  of  land  taken, 
specifying  such  width  on  each  side  of  the  center  line; 
also  the  courses  of  the  division  lines  between  the  lots 
over  which  the  location  is  made,  and  the  distance  be- 
tween them  on  the  center  line.  When  the  land  pur- 
chased or  taken  is  entirely  on  one  side  of  the  center  ' 
line  of  location  or  outside  the  location,  the  description 
shall  be  so  made  as  to  tie  the  boundary  lines  of  the 
lot  to  the  center  line  by  lines,  the  courses  and  dis- 
tances of  which  from  a  fixed  point  or  points  on  said 
center  line  shall  be  given.  Where  but  one  track  is  laid, 
the  position  of  such  track  with  reference  to  the  center 
line  shall  also  be  shown,  in  order  that  the  boundaries  ot 
land  may  hereafter  be  determined  by  measurements 
from  the  track  as  laid,  if  the  same  shall  not  have 
been  changed.  Where  two  tracks  are  laid  it  shall  be 
specified  whether  the  center  line  is  the  center  line  of 
one  of  them   or  is   midway  between  them. 

Note — The  courses  called  for  above  may  be  either 
magnetic  or  time,  but  the  maps  and  descriptions  mist 
specify   which   are   given. 

Rule  3.  The  description  in  writing  must  in  all  casss 
correspond  with  the  map,  and  the  two  taken  together  mvst 
have  the  substantial  certainty  and  precision  ot  a  deed. 
(2  Gray,  580.) 

Rule  4.  The  location  shall  be  certified  by  the  di- 
rectors of  the  corporation,  or  by  the  president,  if  a  i- 
thorized  by  a  vote  of  said  directors. 

Rule  5.  The  location,  when  deposited  with  the  cle  k 
of  the  county  commissioners,  shall  be  kept  for  preserva- 
tion and  convenient  reference  in  the  office  of  sa  d 
clerk,  in  a  cabinet  used  exclusively  for  that  purpos  3, 
and  furnished  with  shelves  sufficient  to  allow  at  lea  it 
one  separate  shelf  for  the  maps  of  each  corporation  ownii  g 
a  railroad  within  the  county. 

Rule  6.  A  book  shall  be  kept  in  the  office  of  eac  h 
clerk,  in  which  shall  be  recorded  the  name  of  every  1  > 
cation,  the  time  when  it  was  filed,  and  the  shelf  whe  e 
it  is   deposited. 

Rule  7.  No  location  after  it  has  once  been  fill  d 
shall  be  taken  from  the  office  of  the  clerk  for  ai  y 
purpose  except  upon  the  order  of  a  court  or  oth  r 
proper  authority. 

Railroad  commission  may  change  location.  |  76.  A  ra  1- 
road  corporation,  having  taken  land  for  its  railroad,  mi  y 
vary  the  direction  of  said  railroad  in  the  city  or  tov  n 
in  which  such  land  is  situated;  but  it  shall  not  locae 
and  part  thereof  outside  the  limits  of  the  route  fix(  d 
under  the  provisions  ot  §§20  and  21,  without  tlie 
consent  in  writing  of  the  board  ot  aldermen  or  sele(  t- 
nien,  if  it  was  fixed  under  the  provisions  of  §  20,  or  )t 
the  board  of  railroad  commissioners,  if  it  was  flx<  d 
under  the  provisions  of  §  21.  The  corporation  shall,  beto  -e 
the  expiration  of  the  time  required  for  completing  the  ra  1- 
road,  file  with  the  county  commissioners  the  location  )f 
the  different  parts  where  such  variations  have  been  mad;; 
but  the  time  for  completing  the  railroad  shall  not  ')e 
extended  in  consequence  ot  such  variations. 

Railroad  commission  may  improve  alignment.  §  77.  A 
railroad  corporation,  with  the  approval  in  writing  ot  tlie 
board  of  railroad  commissioners,  obtained  upon  petition, 
and  after  notice  to  all  persons  interested,  and  a  hearing, 
may,  for  the  purpose  of  Improving  the  alignment  of  its 
railroad,  change  its  location,  subject  to  the  provisions 
ot  this  Act  relative  to  the  fixing  of  the  route  of  rail- 
roads, the  laying  out  of  the  same  and  the  taking  of  land 
and   the   payment  of  damages   therefor. 

Railroad  commission  to  certify  as  to  land  for  additional 
track.  §  78.  If  a  railroad  corporation,  tor  the  purpose  ol 
making  or  securing  its  railroad  or  for  depot  or  station 
purposes,  requires  land  or  materials  outside  the  limits 
of  the  route  fixed,  or  requires  additional  land  for  one 
or  more  new  tracks  adjacent  to  other  land  occupied 
by    such    corporation    by    a    track   or    tracks    already   in 


Public  Service  Laws 


669 


use,  and  is  unable  to  obtain  it  by  agreement  with  the 
owner,  it  may  apply  to  the  county  commissioners,  who, 
after  notice  to  the  owner,  and  a  hearing,  may  prescribe 
the  limits  within  which  it  may  be  taken  without  his 
permission  in  the  manner  hereinafter  provided;  and  the 
corporation  shall,  within  one  year  after  the  decree,  file 
with  the  commissioners  of  each  county  in  which  the  land 
Is  situated,  a  location  thereof,  certified  by  the  clerk 
of  the  board  of  railroad  commissioners,  defining  the 
courses,  distances  and  boundaries  thereof,  in  such  foian 
and  with  such  other  particulars  as  the  rules  of  said 
board  may  require.  If  highways,  buildings,  parks  or 
cemeteries  are  to  be  taken,  the  consent  of  the  city  or 
town  in  which  the  land  is  to  be  taken  shall  first  bo 
obtained;  but  nothing  herein  contained  shall  be  con- 
strued as  authorizing  such  taking,  or  altering  the  man- 
ner thereof,  if  said  taking  is  otherwise  prohibited  or  pro- 
vided  for   by   law. 

No  exemption  from  taxation.  §  79.  Land  outside  the 
limits  of  the  route  fixed  as  aforesaid,  which  is  taken 
or  purchased  for  railroad,  depot  or  station  purposes 
shall   not   be   exempt  from   taxation. 

Prescription.  §  80.  No  length  of  possession  or  occu- 
pancy of  land  which  belongs  to  a  railroad  corporation 
by  an  owner  or  occupier  of  adjoining  land  shall  create 
in  him  or  in  a  person  who  claims  under  him  a  right  to 
such  land  of  the  corporation. 

Railroad  commission  to  make  rules.  §  81.  The  board 
of  railroad  commissioners  shall,  from  time  to  time,  pre- 
scrilje  rules  relative  to  the  form  in  which  all  records 
of  locations  of  railroads  shall  be  made,  the  particulars 
to  be  contained  therein  and  the  manner  in  which  such 
records  shall  be  uniformly  kept  for  preservation  and 
convenient  reference  in  the  offices  of  the  clerks  of  the 
several  counties.  No  such  record  shall  be  filed  until 
the  clerk  of  said  board  certifies  thereon  that  it  has 
been  prepared  in  conformity  with  the  rules  of  said  board. 

Prerequisites  for  taking  land.  §  82.  No  railroad  corpo- 
ration shall  take,  by  purchase  or  otherwise,  or  enter 
upon  or  use,  except  for  making  surveys,  any  land  or 
other  property  for  the  construction  of  its  railroad  or  of 
any  branch  or  extension  thereof  until  the  county  com- 
missioners of  the  county  in  which  such  land  or  other 
property  is  situated,  after  hearing  the  parties,  have 
determined  the  manner  in  which  the  railroad  shall  cross 
the  highways  and  other  ways  within  such  county,  nor 
until  it  has  obtained  from  the  board  of  railroad  com- 
missioners the  consent  required  by  §§107  and  111  in 
all  cases  in  which  the  county  commissioners  adjudge 
that  public  necessity  requires  the  crossing  at  the  same 
level;  and  notice  of  such  hearing  shall  be  given  by 
publication  for  three  successive  weeks  in  one  or  more 
newspapers  published  in  such  county,  the  last  publica- 
tion to  be  at  least  seven  days  before  the  hearing.  The 
Supreme  Judicial  Court  shall  have  jurisdiction  in  equity 
of  violations   of   the   provisions    of   this    section. 

Taking  land,  and  damages  therefor.  §  83.  It  a  railroad 
corporation  is  not  able  to  obtain  by  agreement  with  the 
owner  the  land  or  materials  necessary  for  its  purposes 
as  described  in  §§  73,  74,  76  and  78,  it  may  take  the 
same.  It  shall  pay  all  damages  caused  by  laying  out, 
making  and  maintaining  its  railroad,  or  by  taking  land 
or  materials  therefor;  and  such  damages,  upon  the 
application  of  either  party,  shall  be  estimated  by  the 
county  commissioners  in  the  manner  provided  with 
reference  to  the  laying  out  of  highways;  and  if  it  is 
intended  to  take  land  or  materials,  application  may  be 
made  before  the  actual  taking  and  appropriation  thereof. 

Limitation  of  applications.  §  84.  No  application  to  the 
county  commissioners  to  estimate  damages  for  land  or 
other  property  taken  shall,  except  as  is  provided  in 
§§  98  to  100,  inclusive,  be  sustained,  unless  it  is  made 
within  three  years  after  the  filing  of  the  location. 

Securities  for  damages  and  costs.  §  85.  Upon  applica- 
tion to  the  county  commissioners  by  either  party  for 
an  estimate  of  damages,  they  shall,  if  requested  by  the 
owner,  require  the  corporation  to  give  security  to  their 
satisfaction  for  the  payment  of  all  damages  and  costs 
which  may  be  awarded  by  them  or  by  a  jury  for  the 
land  or  other  property  taken;  and  if,  upon  petition  of 
the  owner  and  notice  to  the  adverse  party,  any  security 
taken  appears  to  them  to  have  become  insufficient,  they 


shall  require  the  corporation  to  give  further  security  to 
their  satisfaction. 

Tender  to  owner.  §  86.  After  the  county  commission- 
ers have  made  their  estimate,  the  corporation  may 
tender  to  the  owner  of  the  land  or  other  property  the 
amount  of  damages  estimated,  in  full  satisfaction  thereof, 
with   costs. 

Application  for  a  jury.  §  87.  Either  party,  if  dis- 
satisfied with  the  estimate  of  the  county  commissioners, 
may,  at  any  time  within  one  year  after  it  has  been 
completed  and  returned,  apply  for  a  jury  to  assess 
the  damages.  If  no  such  application  is  made,  the 
commissioners,  after  the  expiration  of  said  year,  may 
issue  a  warrant  of  distress  to  compel  the  payment  of 
the  damages  with  interest  and  costs. 

Proceedings.  §  88.  When  either  party  applies  for  a  jury 
to  assess  the  damages,  the  proceedings  shall  be  the  same 
as  are  provided  for  the  recovery  of  damages  in  the 
laying  out  of  highways;  but  upon  such  application,  the 
prevailing  party  shall  recover  costs.  If  the  owner  has 
refused  the  tender  specified  in  §  86,  he  shall  pay  all 
costs  caused  by  the  application  and  arising  after  the 
tender,  unless,  upon  the  final  hearing,  he  recovers  a 
greater  amount  of  damages  than  the  amount  tendered. 
If  the  corporation  applied  for  the  jury,  and  upon  the 
final  hearing  the  damages  estimated  by  the  county  com- 
missioners are  not  reduced,  it  shall  pay  all  costs  caused 
by  the  application. 

Damages.  §  89.  If  the  corporation  does  not  pay  the 
amount  of  damages  awarded  by  the  jury  within  30  days 
after  such  award,  a  warrant  of  distress  or  execution  may 
issue  to  compel  the  payment  thereof  with  costs  and 
interest. 

Railroad  to  plat  and  fence  land  taken.  §  90.  After  a 
railroad  corporation  has  taken  land  or  other  property 
in  the  manner  hereinbefore  authorized,  it  shall,  before 
constructing  the  railroad,  furnish  a  plan  of  the  land  to 
the  owner,  and,  upon  request  of  the  owner  or  occupant, 
shall  fence  it,  and,  upon  demand  made  by  the  owner 
of  such  other  property  within  three  years  after  the 
taking  thereof,  shall,  within  30  days,  furnish  him  with 
a  plan  or  description  thereof  in  writing. 

Right  to  use  land  suspended  until  statute  is  complied 
with.  §  91.  All  the  right  and  authority  of  a  railroad  cor- 
poration to  enter  upon  and  use  land  or  property  taken 
by  it,  except  for  making  surveys,  shall  be  suspended 
until  it  gives  the  security  required  by  §85;  or,  if  for 
30  days  after  a  warrant  has  issued  under  the  provisions 
of  §  87,  it  neglects  to  pay  the  same,  until  payment 
thereof;  or  until  it  satisfies  a  warrant  or  execution 
issued  under  the  provisions  of  §89;  or  until  it  delivers 
a  description  or  plan  as  prescribed  by  §90;  and  during 
the  time  in  which  its  right  to  enter  upon  or  use  land 
or  other  property  is  so  suspended,  the  Supreme  Judicial 
Court,  upon  petition  of  an  owner  of  the  land  or  other 
property,  shall  have  jurisdiction  in  equity  to  prohibit 
and  restrain  the  corporation  from  entering  upon  or  using 
such   land  or   property. 

Change  of  location  iy  county  commissioners.  §  92.  An 
owner  of  land  who  is  aggrieved  by  the  location  of  a 
railroad  crossing  his  land  in  such  manner  as  to  be  of 
grievous  damage,  which  could  be  avoided  without  serious 
injury  to  others,  may,  within  30  days  after  receiving  the 
plan  of  his  land,  as  provided  in  §  90,  petition  the  com- 
missioners of  the  county  in  which  the  land  lies,  who 
shall  give  notice  and  hear  the  parties,  either  at  their 
regular  meeting  or  at  a  meeting  called  by  their  chair- 
man for  the  purpose.  If  it  appears  that  such  location 
will  greatly  and  unnecessarily  damage  the  petitioner,  and 
that  it  can  so  be  changed  as  entirely  or  partly  to  avoid 
such  damage  without  material  detriment  to  the  line  of 
the  railroad  and  without  great  injury  to  other  parties, 
the  commissioners  shall  change  such  location  accordingly. 
They  shall  give  to  each  party  a  certificate  of  their 
determination  within  60  days  after  receiving  the  peti- 
tion. The  compensation  of  the  commissioners,  not  ex- 
ceeding ?5  each  a  day,  and  their  necessary  expenses, 
which  shall  be  retained  to  their  own  use,  and  the  costs 
of  the  petition,  shall  be  paid  by  the  corporation;  but  it 
the  commissioners  decide  that  the  petition  was  frivolous, 
such  compensation,  expenses  and  costs  shall  be  paici 
by  the   petitioner. 


670 


National  Association  of  Bailway  Commissioners 


Jurisdiction  of  commissioners  over  land  in  contiguous 
counties.  §  93.  It  land  which  Is  owned  by  one  person  lies 
contiguously  in  different  counties,  an  application  for 
damages  under  the  provisions  of  §  83  may  be  made  by 
the  owner  of  the  land  to  the  commissioners  of  any  of 
such  counties;  and  the  commissioners  of  the  county  to 
whom  application  is  first  made  shall  have  exclusive 
jurisdiction,  with  like  powers  and  duties  as  are  set  forth 
In  said  section  and  in  §101;  and  either  party  may  apply 
for  a  jury  as  provided  in  §  87,  and  such  jury  shall  be 
from  the  same  county  as  -the  commissioners,  and  shall 
estimate  such  damages  as  though  the  land  lay  entirely 
in   one   county. 

Guardian  or  trustee  may  release  damages.  §  94.  If  land 
or  other  property  of  a  person  who  is  under  guardianship, 
or  if  land  which  is  held  in  trust,  is  taken  for  the  use 
of  a  railroad,  the  guardian  or  trustee  may  release  all 
damages,  in  like  manner  as  if  the  land  or  other  property 
were  held   in  his  own  right. 

Assessment  of  damages  for  different  interests.  §  95.  If 
a  tenant  for  life  or  for  years  and  the  remainderman  or 
reversioner  claim  damages  for  the  laying  out  or  altera- 
tion of  a  railroad,  or  if  it  appears  that  the  real  estate 
taken  or  affected  is  encumbered  by  a  contingent  re- 
mainder, executory  devise  or  power  of  appointment, 
the  damages  shall  be  assessed  and  paid  over  and  dis- 
posed of  in  the  manner  provided  in  §§  17,  18,  19  and  26 
of  chapter  48  of  the  Revised  Laws  relative  to  damages 
assessed   in   like   cases   in   laying   out   highways. 

REVISED  LAWS,  CHAPTER  48,  §§  17,  18,  19,  26. 

Damages  of  claimants  having  different  interests.  §  17. 
If  a  tenant  for  life  or  for  years  and  the  remainderman 
or  reversioner  sustain  damages  in  their  property  by 
the  laying  out,  relocation,  alteration  or  discontinuance 
of,  or  by  specific  repairs  on,  a  highway,  or  if  the  prop- 
erty is  encumbered  by  a  contingent  remainder,  executory 
devise  or  power  of  appointment,  entire  damages  or  an 
entire  amount  as  indemnity  shall  be  assessed  without 
apportionment  thereof,  and  shall  be  paid  to,  or  be 
recoverable  by,  any  person  whom  the  parties  may  ap- 
point, and  be  held  in  trust  by  him  for  their  benefit 
according  to  their  respective  interests.  The  trustee 
shall,  from  the  income  thereof,  pay  to  the  reversioner 
or  remainderman  the  value  of  any  annual  rent  or  other 
payment  which  would,  but  for  such  damages,  have  been 
payable  by  the  tenant,  and  the  balance  thereof  to  such 
tenant  during  the  period  for  which  his  estate  was 
limited,  and  upon  its  termination,  he  shall  pay  the  princi- 
pal to  the  reversioner  or  remainderman. 

Certain  damages  to  le  awarded  separately.  §  18.  The 
amount  so  to  be  placed  in  trust  shall  include  only  the 
damages  assessed  to  the  whole  property  when  the  value 
thereof  is  ascertained;  and  any  damage  special  to  a 
separate  estate  therein,  and  all  Interest  or  other  earn- 
ings which  accrue  between  the  taking  and  the  receipt 
by  the  trustee  of  the  damages  to  the  whole  property, 
shall   be   awarded   in   the  same   proceedings   separately. 

Trustee  in  certain  cases  to  he  appointed  T>y  Probate 
Court.  §  19.  If  a  person  having  an  interest  in  such  prop- 
erty is,  by  reason  of  legal  disability,  incapable  of 
choosing  a  trustee,  or  is  unascertained  or  not  in  being, 
or  if  the  parties  cannot  agree  upon  a  choice,  the  Probate 
Court  of  the  county  in  which  the  property  is  situated 
shall,  upon  application  of  the  county  commissioners  or 
of  any  persons  interested  or  of  any  other  person.  In 
behalf  of  such  persons,  whether  in  being  or  not,  as  may, 
by  any  possibility  be  or  become  interested  in  said 
property,  appoint  a  trustee  who  shall  give  to  the  judge 
of  probate  a  bond  with  such  sureties  and  in  such  sum 
as  the  judge  may  order,  conditioned  for  the  faithful 
performance   of  his  duties. 

Tenant  in  possession  may  apply  for  a  jury.  §  26.  The 
tenant  in  possession  of  land  which  is  encumbered  by  a 
contingent  remainder,  executory  devise  or  power  of 
appointment  may,  subject  to  the  provisions  of  §  28,  apply 
for  a  jury  to  revise  the  judgment  of  the  commissioners 
In  the  assessment  of  damages;  and  if  he  fails  so  to 
^  apply  within  the  first  six  months  of  such  year,  said 
trustees  may,  within  the  remaining  six  months  thereof, 
apply  for  such  jury. 

Assessment  of  damages  when  lands  are  mortgaged.    §  96. 


If  the  land  Is  mortgaged,  both  the  mortgagor  and  the 
mortgagee.  In  addition  to  their  rights  under  the  mort- 
gage, shall  have  the  same  powers,  rights  and  privileges, 
and  be  subject  to  the  same  liabilities  and  duties,  as  are 
provided  in  this  Act  for  land  owners  in  cases  of  dam- 
ages arising  under  the  provisions  of  §83;  and  all  peti- 
tions for  the  estimation  of  such  damages  shall  state  all 
mortgagees  begin  or  become  parties  to  such  proceedings, 
upon  the  premises.  Mortgagors  and  mortgagees  may 
join  in  any  such  petition,  and  the  tribunal  to  which  it  is 
presented  shall  order  the  petitioner  to  give  notice  thereof 
to  all  such  mortgagors  or  mortgagees,  by  serving  on  each 
of  them,  14  days  at  least  before  the  time  of  hearing,  an 
attested  copy  thereof  and  of  the  order  thereon,  that  they 
may   become    parties    to    the    proceedings. 

Apportionment  of  damages.  §  97,.  If  mortgagors  or 
mortgagees  begin  or  become  parties  to  such  proceedings, 
entire  damages  shall,  upon  final  judgment,  be  assessed 
for  the  property  taken,  and  such  portion  thereof  as  is 
equal  to  the  amount  then  unpaid  thereon  shall  be  ordered 
to  be  paid  to  every  mortgagee  who  is  a  party  in  the 
order  of  his  mortgage,  and  the  remainder  to  the  mort- 
gagor; and  separate  judgment  shall  be  entered  accoi'd- 
ingly  for  each  mortgagee,  who  shall  hold  his  judgment  in 
trust,  first,  with  any  proceeds  realized  thereon,  to 
satisfy  his  mortgage  debt,  and,  after  such  debt  is  in  a  ly 
way  satisfied,  to  assign  the  judgment  or  pay  over  a  ly 
remainder  of  proceeds  to  the  mortgagor  or  other  pen 
entitled  thereto. 


REVISED  LAWS,  CHAPTER  153,  §  13. 


Disposition  of  damages  for  land  of  married  worn  m 
taken  for  railroad,  etc.  §  13.  If  real  property  of  a  marri  ;'l 
woman  is  taken  for  a  railroad,  a  way  or  any  otb  jr 
public  use,  or  is  damaged  by  the  laying  out  of  a  railrof  d, 
way  or  by  any  other  public  works,  the  damages  or  co  n- 
pensation  awarded  therefor  may  be  so  invested  a  id 
disposed  of  as  to  secure  to  her  the  same  rights  in  t  le 
amount  so  awarded  and  the  income  thereof  as  she  woi:  Id 
have  had  In  the  real  property  and  the  income  there  )f 
if  such  real  property  had  not  been  so  taken  or  damag(  d. 
The  Probate  Court  shall  have  concurrent  jurisdiction  n 
equity,  upon  the  petition  of  such  woman,  to  hear  a  d 
determine   it  and   to  enforce  and   secure  her  rights 


REVISED  LAWS,  CHAPTER  48,  §  114. 


lioS" 


Proceedings  when  mortgaged  land  is  taken.  §  114. 
mortgaged  land  is  taken  for  public  uses  under  authe 
of  law,  both  mortgagors  and  mortgagees,  in  addition  :o' 
their  rights  under  the  mortgage,  shall  have  the  sa:  le 
powers,  rights  and  privileges  and  be  subject  to  t  \e 
same  liabilities  and  duties  as  are  provided  In  §§  1 12 
and  113  of  chapter  111  in  the  case  of  mortgaged  Ian  Is 
so  taken  by  railroad  corporations. 

Extension  of  time  for  location  to  revive  claims.  §'8. 
If  the  time  for  locating  or  constructing  a  railroad  sh  ill 
be  extended  by  statute,  all  unsettled  claims  against  t  le 
corporation  for  damages  to  land  shall  be  revived,  and  t  le 
claimants  for  such  damages  may  apply  to  the  courty 
commissioners,  or  for  a  jury,  if  the  estimate  of  1 10 
commissioners  has  been  completed  and  returned,  witt  in 
one  year  after  the  passage  of  such  statute.  The  provi- 
sions of  this  section  shall  not  Include  cases  in  whl(  h, 
by  reason  of  a  defect  in  the  original  location  of  a  n  il- 
road  already  constructed,  a  new  location  is  rendered 
necessary. 

Application  for  damages  within  one  year  after  decision 
as  to  validity  of  location.  §  99.  If  a  suit  is  brought  In 
which  the  right  of  the  corporation  to  lay  out  and  C(in- 
struct  its  railroad  on  a  particular  location  Is  drawn  In 
question,  an  application  to  the  county  commissioners  r'or 
the  estimation  of  damages  caused  by  the  taking  of  land 
or  property  within  such  location  may  be  made  wltliin 
one  year  after  the  final  determination  of  such  suit  upon 
the  merits.  If  such  suit  Is  brought  within  one  year 
after  the  time  of  such  taking,  or  is  brought  for  the 
purpose  of  trying  the  same  right  which  was  drawn  in 
question  in  an  earlier  suit  which  was  begun  within  cne 
year  after  the  time  of  taking  and  which  failed  for  want 
of  jurisdiction,  defect  of  form  or  other  like  cause  which 
was  not  decisive  of  the  merits  of  the  controversy,  and 


Public  Service  Laws 


671 


Is  brought  within  six  months  after  the  determination  of 
such  former  suit. 

New  application  if  proceedings  are  quashed.  §  100.  If  a 
person  applies  for  an  estimate  of  his  damages  within  the 
time  limited  by  law,  or  applies  for  a  jury  to  assess  the 
damages,  or  Is  a  party  to  such  application  by  another 
person  for  a  jury,  and  the  petition  or  other  proceeding 
Is  quashed,  abated  or  otherwise  avoided  or  defeated  for 
any  inaccuracy,  irregularity  or  matter  of  form,  or  If,  after 
verdict  for  such  applicant  or  other  party,  the  judgment 
Is  arrested  or  reversed  on  a  writ  of  error,  or  the  pro- 
ceedings are  quashed  on  certiorari,  such  applicant, 
petitioner  or  other  party  may  begin  such  proceedings 
anew  at  any  time  within  one  year  after  such  abatement, 
reversal  or  other  determination. 

REVISED  LAWS,  CHAPTER  48,  §  112. 

Discontinuance  o/  proceedings  to  recover  land  damages 
regulated.  §  112.  No  petition,  suit,  appeal  or  other  pro- 
ceeding in  the  Supreme  .ludicial  Court  or  in  the  Superior 
Court  taken  or  instituted  by  any  party  aggrieved  by  the 
award  of  damages  caused  by  laying  out,  making  and 
maintaining  a  railroad  or  by  taking  land  or  materials 
therefor,  or  by  the  laying  out,  alteration  or  discon- 
tinuance of  a  highway,  town  way  or  private  way,  or 
by  taking  land  or  materials  therefor,  shall  be  discon- 
tinued except  by  leave  of  court  or  by  agreement  of  all 
the  parties  thereto;  and  any  party  thereto  may  prose- 
cute the  same  as  if  it  had  been  begun  by  him. 

Construction,  etc.,  of  embankments  may  be  ordered. 
§  101.  At  the  time  of  estimating  damages  to  land  owners 
under  the  provisions  of  §  83,  the  county  commissioners 
shall,  in  addition  thereto,  order  the  corporation  to 
construct  and  maintain  such  embankments,  culverts, 
walls,  fences  or  other  structures  as  they  judge  reason- 
able for  the  security  and  benefit  of  such  owners,  and 
shall  prescribe  the  time  and  manner  of  making  or  re- 
pairing them,  and  it  shall  not  be  competent  for  a  jury 
to  reverse   such   order. 

Enforcement  of  order.  §  102.  If  the  corporation  neglects 
to  comply  with  such  order,  the  Supreme  Judicial  Court, 
upon  application  of  the  land  owner  who  is  interested  in 
Its  execution,  or  his  assigns,  shall  have  jurisdiction  in 
equity  to  enforce  the  specific  performance  thereof.  Or, 
If  the  corporation,  for  more  than  48  hours  after  notice 
of  such  neglect,  given  in  writing  to  the  president  or 
superintendent,  fails  to  begin  the  work  required  to  be 
done,  or  thereafter  unreasonably  delays  to  complete  it, 
the  person  so  interested  may,  in  an  action  of  tort  against 
the  corporation,  recover  double  the  damages  sustained  by 
him  by  reason  of  the  neglect. 

Railroad  to  maintain  fences  unless  exempted  iy  rail- 
road commission.  §  103.  Every  railroad  corporation  shall 
erect  and  maintain  suitable  fences,  with  convenient 
bars,  gates  or  openings  therein,  upon  both  sides  of  the 
entire  length  of  its  railroad,  except  at  the  crossings 
of  a  public  way  or  in  places  where  the  convenient  use 
of  the  railroad  would  be  thereby  obstructed,  and  ex- 
cept at  places  where,  and  so  long  as,  it  is  specially 
exempted  from  the  duty  of  so  doing  by  the  board  of 
railroad  commissioners.  Such  an  exemption  granted  prior 
to  the  first  day  of  August  In  the  year  1882  shall  not 
be  revoked  except  upon  new  proceedings  had  under  the 
provisions  of  this  section,  notice  of  which  shall  be  given 
to  the  corporation,  and  published  once  in  each  of  three 
successive  weeks  in  a  newspaper  published  in  each 
county  in  which  the  land  is  situated.  The  corporation 
shall  also  construct  and  maintain  sufficient  barriers, 
where  it  is  necessary  and  practicable  so  to  do,  to  pre- 
vent the  entrance  of  cattle  upon  the  railroad.  A  cor- 
poration which  unreasonably  neglects  to  comply  with  the 
provisions  of  this  and  the  following  section  shall,  for 
every  such  neglect,  forfeit  not  more  than  $200.  for  every 
month  during  which  the  neglect  continues;  and  the 
Supreme  Judicial  Court  shall  have  jurisdiction  in  equity 
to  compel  the  corporation  to  comply  with  such  pro- 
visions, and,  upon  such  neglect,  to  restrain  and  pro- 
hibit it  from  crossing  a  highway  or  town  way,  or  from 
using  any  land,  until  such  provisions  shall  have  been 
complied   with. 

Cost  of  fencing^How  recovered  from  person  liable. 
i  104.    If  a  person  other  than  the  railroad  corporation  is 


required  by  law  or  contract  to  erect  or  maintain  fences 
along  a  part  of  the  line  of  the  railroad,  the  corporation 
shall  erect  such  fences  or  keep  them  in  repair  as  pro- 
vided in  the  preceding  section,  and  may  recover  the 
reasonable  cost  thereof  in  an  action  of  contract  from 
such  person.  If  he  is  an  owner  of  land  adjoining  such 
line,  the  corporation  shall  also  have  a  lien  upon  said 
land  for  labor  performed  and  furnished  and  all  materials 
furnished  and  used  by  it  in  erecting  and  repairing  such 
fences  upon  such  land,  and  for  the  costs  which  may 
arise  in  enforcing  it;  and  it  shall  be  enforced  in  the 
manner  provided  for  enforcing  liens  in  chapter  197  of 
the    revised    laws. 

Separation  of  grade  crossings  by  agreement.  §  105.  If 
two  or  more  railroad  corporations  whose  tracks  cross 
each  other  at  the  same  level  agree  to  separate  the 
grades,  they  may  apply  to  the  board  of  railroad  com- 
missioners, which  shall  thereupon  determine  when,  in 
what  manner  and  by  which  corporation  said  work  and 
each  portion  thereof  shall  be  done,  and  shall  apportion 
all  charges  and  expenses  caused  by  making  such  altera- 
tions and  all  future  charges  for  keeping  the  necessary 
structures  connected  therewith  in  repair  among  said  cor- 
porations. For  said  purposes,  the  corporations  may,  under 
the  direction  of  said  board,  make  all  necessary  changes 
In  the  location,  grade  and  construction  of  said  railroads, 
and,  so  far  as  may  be  necessary,  may  take  additional 
land  therefor,  and  may  raise,  lower  or  otherwise  change 
any  and  all  highways  and  town  ways;  and  in  the 
exercise  of  said  powers  said  corporations  and  any 
person  who  sustains  damage  thereby,  shall  have  all  the 
rights,  privileges  and  remedies,  and  be  subject  to  all 
the  duties,  liabilities  and  restrictions  provided  by  law  in 
the  case  of  land  taken  by  railroad  corporations.  The 
Supreme  Judicial  Court  shall  have  jurisdiction  in  equity 
to  enforce  compliance  with  all  such  orders  of  said  board. 

Crossings  of  one  railroad  with  another  or  over  navigable 
waters.  §  106.  A  railroad  shall  not  be  constructed  across 
another  railroad  'at  the  same  level  without  the  consent 
in  writing  of  the  board  of  railroad  commissioners,  nor 
across  navigable  or  tide  waters  without  the  consent 
in  writing  of  the  board  of  harbor  and  land  commis- 
sioners, and  in  such  manner  as  said  boards,  respectively, 
shall  prescribe,  nor  across  any  portion  of  the  deep  chan- 
nel of  Boston  harbor  below  the  bridges  existing  on  the 
thirtieth  day  of  March  in  the  year  1881,  without  special 
legislative  authority.  Any  littoral  proprietor  whose 
access  to  the  sea  is  obstructed  or  interrupted  by 
the  location  and  construction,  after  said  day,  of  any 
railroad  across  tide  water,  otherwise  than  by  a  bridge 
with  a  suitable  draw,  may  recover  of  the  corporation 
whose  railroad  is  so  located  all  damages  caused  by  such 
location  and  construction,  in  the  same  manner  and  with 
the  same  rights  as  to  security  as  are  provided  by  law 
in  relation  to  damages  caused  by  laying  out  and  main- 
taining railroads;  but  this  provision  as  to  damages  shall 
not  apply  to  any  railroad  constructed  under  the  pro- 
visions of  chapter  252  of  the  Acts  of  the  year  1880. 
Associates  for  the  purpose  of  constructing  a  railroad 
under  the  provisions  of  §  13,  or  a  corporation  which  pro- 
ceeds to  construct  its  railroad  or  branch  or  extension 
thereof,  shall  not  take  proceedings  which  involve  a  new 
crossing  of  one  railroad  by  another  at  the  same  level, 
unless  such  crossing  is  first  approved  in  writing  by  the 
board  of  railroad  commissioners;  and  every  preliminary 
approval  of  a  plan  for  such  crossing  shall  be  subject  to 
revision  by  said  board.  The  Supreme  Judicial  Court  shall 
have  jurisdiction  in  equity,  upon  information  filed  by  the 
attorney-general,  of  violations  of  the  provisions  of  this 
section. 

Railroad  crossing  a  highway  not  to  obstruct  the  same. 
f  107.  A  railroad  which  is  laid  out  across  a  public  way 
shall  be  so  constructed  as  not  to  obstruct  the  same; 
and,  unless  the  county  commissioners  and  the  board 
of  railroad  commissioners  authorize  a  crossing  at  the 
same  level  as  provided  in  §  111,  it  shall  be  constructed 
so  as  to  pass  either  over  or  under  the  way,  as  pre- 
scribed in  the  following  section,  and  conformably  to 
any  decree  which  may  be  made  by  the  county  commis- 
sioners under  the   provisions   of   §  109. 

No  grade  crossing  without  consent  of  commission.  §  113. 
A  public  way  may  be  laid  out  across  a  railroad  pre- 
viously constructed.  If  the  county  commissioners  adjudge 


673 


National  Associatiox  of  Eail^vay  Commissioxers 


1 


that  tlie  public  necessity  and  convenience  so  require; 
and  in  such  case,  after  notice  to  the  railroad  cor- 
poration and  a  hearing  of  all  parties  interested,  they 
may  thus  lay  out  or  may  authorize  a  city  or  town,  upon 
petition  of  the  board  of  aldermen  or  selectmen  thereof, 
to  lay  out  a  way  across  a  railroad,  in  such  manner  as 
not  to  injure  or  obstruct  the  railroad,  and  otherwise  in 
conformity  with  the  provisions  of  §§107  and  108;  but 
they  shall  not  permit  it  to  cross  at  a  level  with  the  rail- 
road unless  public  necessity  so  requires,  and  the  board 
of  railroad  commissioners  consents  thereto  in  writing, 
In  which  case  the  county  commissioners  may  give  special 
authority   for  such   crossing  as   rrovided   in   §  111. 

Railroad  alterations  of  canals.  §  114.  A  railroad  cor- 
poration may,  with  the  consent  of  a  canal  corporation, 
alter  the  course  of  a  canal  or  of  a  feeder  to  a  canal,  which 
Interferes  with  the  convenient  location  of  its  railroad 
Damages  caused  by  taking  property  therefor  shall  be 
estimated  and  paid  as  in  case  of  land  talien  under 
the   provisions   of   §  83. 

Obstructions  and  repairs  at  crossings.  §  115.  If,  upon 
application  to  the  county  commissioners  by  the  board 
of  aldermen  of  a  city  or  selectmen  of  a  town,  and  after 
notice  to  the  corporation  which  owns  or  operates  a  rail- 
road, and  a  hearing,  it  appears  that  the  railroad  so 
crosses  a  public  way  as  to  obstruct  it,  contrary  to  the 
provisions  of  §  107,  or  of  a  decree  made  under  the  pro- 
visions of  §  109,  or  that  the  corporation  refuses  or  neg- 
lects to  keep  a  bridge  or  other  structure  which  is  re- 
quired or  necessary  at  such  crossing  in  proper  repair, 
the  county  commissioners  may  make  a  decree  prescribing 
what  repairs  shall  be  made  by  the  corporation  at  the 
crossing,  and  the  time  within  which  they  shall  be  made, 
and  shall  make  a  decree  ordering  the  corporation  to 
pay  the  costs  of  the  application.  They  may  further  order 
the  corporation  to  give  security,  as  provided  in  §  109, 
for  the  faithful  performance  of  the  requirements  of  the 
decree  and  for  the  indemnity  of  said  city  or  town  upon 
a    failure    in    such    performance. 

Repairs  of  bridges,  etc.  §  116.  Every  railroad  corpora- 
tion shall,  except  as  provided  in  §  §  29  to  45,  inclusive, 
of  part  I,  at  its  own  expense,  construct,  maintain  and 
keep  in  repair  all  bridges,  with  their  approaches  and 
abutments,  which  it  is  authorized  or  required  to  con- 
Btruct  over  or  under  a  canal  or  public  way;  and  a 
city  or  town  may  recover  of  the  railroad  corporation 
whose  railroad  crosses  a  public  way  therein  all  damages, 
charges  and  expenses  incurred  by  such  city  or  town  by 
reason  of  the  neglect  or  refusal  of  the  corporation  to 
erect  or  keep  in  repair  all  structures  required  or  nec- 
essary at  such  crossing;  but  if,  after  the  laying  out 
and  building  of  a  railroad,  the  county  commissioners 
authorize  a  public  way  to  be  laid  out  across  the  rail- 
road, all  expenses  of  and  incident  to  constructing  and 
maintaining  the  way  at  such  crossing  shall  be  borne 
by  the  county,  city,  town  or  other  owner  of  the  same, 
unless  otherwise  determined  by  an  award  of  a  special 
commission,  under  proceedings  in  accordance  with  the 
provisions  of  §  §  23  to  28,  Inclusive,  of  part  I.  [As 
amended  by  Act  approved  April  18,  1907.] 

Space  under  bridge  regulated.  §  108.  If  the  railroad 
is  constructed  to  pass  over  the  way,  a  sufficient  space 
shall  be  left  under  the  railroad  conveniently  to  accom- 
modate the  travel  on  the  way.  If  the  railroad  is  con- 
structed to  pass  under  the  way,  the  railroad  corporation 
shall  build  such  bridges,  with  their  abutments  and  suit- 
able approaches  thereto,  as  will  accommodate  the  travel 
upon  the  way;  but  no  bridge  for  any  purpose  shall  be 
constructed  over  a  railroad  at  a  height  less  than  18  feet 
above  the  track  of  such  railroad,  except  by  the  consent 
In  writing  of  the  board  of  railroad  commissioners.  The 
Supreme  Judicial  Court  shall  have  jurisdiction  in  equity 
to  enforce  compliance  with  the  provisions  of  this 
section. 

Highway  may  be  raised  or  loioered  under  direction  of 
county  commissioners.  §  109.  A  railroad  corporation  may 
raise  or  lower  a  public  way  for  the  purpose  of  having 
Us  railroad  pass  over  or  under  the  same;  but  before 
proceeding  to  cross  or  to  alter  or  excavate  for  the  pur- 
I)ose  of  crossing  the  way,  It  shall  obtain  from  the  county 
commissioners  a  decree  prescribing  what  alterations 
may  be  made  In  the  way,  and  what  structures  erected 
at    the    crossing;    and    the    manner    and    time   of   making 


or  erecting  the  same;  and  before  entering  upon,  ex- 
cavating or  altering  the  way,  it  shall  give  to  the  city 
or  town  In  which  the  crossing  is  situated  security,  satis- 
factory to  the  commissioners,  that  it  will  faithfully 
comply  with  the  requirements  of  the  decree  to  their 
acceptance,  and  will  indemnify  the  city  or  town  against 
all  damages  and  charges  by  reason  of  a  failure  so  to  do. 

Course  of  highway  may  be  altered.  §  110.  A  railroad 
corporation  may  alter  the  course  of  a  j)ublic  way  for  the 
purpose  of  facilitating  the  crossing  thereof  by  its  rail- 
road or  of  permitting  Its  railroad  to  pass  at  the  side 
thereof  without  crossing.  If,  after  notice  to  the  city  or 
town  in  which  the  way  is  situated,  and  a  hearing,  the 
county  commissioners  decide  that  such  alteration  will 
not  essentially  Injure  the  way,  and  make  a  decree  pre- 
scribing the  time  and  manner  of  such  alteration.  The 
corporation  shall  pay  all  damages  ■  caused  to  private 
property  by  the  alteration,  as  in  case  of  land  taken  for 
its   railroad. 

Crossing  highway  or  town  way  at  a  level.  §  111.  It  a 
ailroad  is  laid  out  across  a  public  way,  the  county 
commissioners,  upon  the  application  of  the  railroad  cor- 
poration, or  of  the  board  of  aldermen  of  the  city  or  se- 
lectmen of  the  town  in  which  the  crossing  Is  situated, 
after  notice  to  all  persons  Interested,  and  a  hearing,  may 
adjudge  that  public  necessity  requires  the  crossing  at 
the  same  level,  and  may.  If  the  board  of  railroad  com- 
missioners also  consents  In  writing  to  such  crossing  at 
the  same  level,  make  a  decree  specially  to  author  ze 
and  require  the  corporation  so  to  construct  its  railroad, 
in  such  manner  as  shall  be  prescribed  in  the  deer  !e, 
and  said  commissioners  may  modify  the  terms  of  such 
decree  or  may  revoke  it  at  any  time  before  the  constr  ic- 
tion    of   the    railroad    at   such   crossing. 

Rails  to  be  protected  at  highioay  crossing.  §  112.  A 
railroad  corporation  whose  railroad  is  crossed  by  a 
public  way  at  the  same  level  shall,  at  its  own  expen  ie, 
so  guard  or  protect  its  rails  by  plank,  tiiliber  or  oth  ir- 
wise  as  to  secure  a  safe  and  easy  passage  across  ts 
railroad;  and  if,  in  the  opinion  of  the  county  commis- 
sioners, any  subsequent  alteration  of  the  highway  or 
other  way  or  additional  safeguards  are  required  at  tie 
crossing,  they  may  make  a  decree  ordering  the  corpo  a- 
tion  to  establish  the  same  as  provided  in  §  109. 

M.\IXTEXAXCE    OF    BRIDGES. 

Maintenance  of  certain  bridges.  §  1.  If  the  county  cc  a- 
missioners  of  a  county,  the  board  of  aldermen  of  a  c  ty 
or  the  selectmen  of  a  town  in  which  a  bridge  at  t  xo 
crossing  of  a  public  way  and  a.  railroad,  or  a  bridge 
upon  which  a  street  railway  company  is  authorized  to 
lay  and  use  tracks,  is  located  in  whole  or  in  part,  or  the 
directors  of  a  corporation  owning  or  operating  srch 
railroad,  or  the  directors  of  a  company  owning  or  op  ;r- 
ating  such  street  railway,  are  of  the  opinion  that  svch 
bridge  is  in  need  of  maintenance  or  repair,  they  n  ay 
apply  to  the  board  of  railroad  commissioners,  who  sh:  11, 
after  public  notice,  hear  all  persons  interested,  and,  it 
they  decide  that  the  work  of  maintenance  or  repair  is 
necessary,  shall  prescribe  the  manner  In  and  the  limits 
within  which  it  shall  be  done,  and  shall  forthwith  cert  fy 
their  decision   to   the  parties. 

Maintenance  and  repair  of  bridges.  §  2.  If  railroad  cor- 
porations, street  railway  companies,  counties,  cities,  tow  as, 
or  any  of  them,  jointly  or  severally,  are  charged  with  ihe 
duty  of  maintaining  or  repairing  any  such  bridge  under 
any  provision  of  law,  agreement  or  decree  of  court,  and 
it  the  party  or  parties  so  charged  with  such  duty  refuse 
or  neglect  to  carry  into  effect  such  decision  within  a 
reasonable  time,  any  other  such  party  may  apply  to  he 
Superior  Court,  which  shall  have  jurisdiction  in  equity 
to  enforce  the  carrying  into  effect  of  such  decision  by 
the  party  or  parties  so  charged  with  such  duty. 

§  3.  This  Act  shall  take  effect  upon  Its  passage,  [.ipr 
proved  May  27,  1908.] 

County  commissioners  to  have  jurisdiction  of  obstiuc- 
tions.  §  117.  County  commissioners  shall  have  origlaal 
jurisdiction  of  questions  relative  to  obstructions  to  high- 
ways or  town  ways  which  are  caused  by  the  construction  or 
operation   of   railroads. 

Orders;  how  enforced.  §  118.  The  supreme  judicial 
court  shall  have  jurisdiction  in  equity  to  compel  a  rail- 
road   corporation   to   raise   or   lower   a   public   way   which 


Public  Service  Laws 


C73 


the  county  commissioners  have  decided  is  necessary 
for  the  security  of  the  public  to  be  raised  or  lowered, 
and  to  compel  it  to  comply  with  the  orders  of  county 
commissioners  relative  to  obstructions  of  such  ways  by 
it;  and  if,  upon  the  petition  of  the  board  of  aldermen 
of  a  city  or  selectmen  of  a  town,  it  appears  that  such 
corporation  has  excavated  or  altered  a  public  way 
without  obtaining  the  decree  and  giving  the  security 
required  by  §  109,  or  has  neglected  for  15  days  to  give 
security  as  required  by  section  115,  said  court  may 
enjoin  it  from  entering  upon,  altering,  excavating  or 
crossing  the  way  until  such  decree  has  been  obtained 
or  such  security  given. 

Crossing  of  private  way.  §  119.  An  application  for  dam- 
ages which  have  been  sustained  by  the  owner  of  a  pri- 
vate way,  by  reason  of  a  railroad  crossing  the  same, 
Bball  be  made  within  three  years  after  the  time  when 
the    way    was   so   obstructed. 

Severance  of  private  land  by  crossing.  §  120.  If  a  rail- 
road, which  lias  been  lawfully  laid  out  through  land 
without  the  consent  of  the  owner  thereof,  separates  a 
portion  of  such  land  from  another  or  from  a  public  way, 
and  the  owner,  having  a ,  right  to  cross  the  railroad, 
cannot  agree  with  the  corporation  as  to  the  place  or 
manner  in  which  he  shall  cross,  or  if  a  crossing  is 
inconvenient,  either  party,  in  a  case  which  does  not 
Involve  the  abolition  of  a  crossing  at  grade,  may  apply 
to  the  county  commissioners,  who,  after  taking  a  recog- 
nizance from  the  applicant  to  the  county,  with  sureties 
to  their  satisfaction,  for  the  payment  of  costs  and 
expenses  according  to  their  order,  and  after  notice  to 
the  other  party  and  a  hearing,  may  make  an  order 
relative  to  such  crossing  and  to  the  costs  of  the  appli- 
cation; but  they  shall  not  order  the  corporation  to 
construct  or  maintain  a  crossing  without  its  consent, 
unless  it  is  liable  by  law  or  by  agreement  to  construct 
a  crossing  for  the  owner  of  the  land,  or  is  the  applicant. 

Access  to  land  cut  off  by  railroad.  §  121.  If  by  the  lay- 
ing out  of  a  railroad,  or  the  widening  thereof,  a  person 
is  cut  off  from  access  to  land  owned  by  him,  and  has 
.neither  received  compensation  nor  made  an  agreement 
with  the  corporation  relative  thereto,  the  board  of  rail- 
road commissioners,  after  notice  to  the  parties,  and  a 
hearing,  may  make  a  decree  ordering  a  crossing  to  be 
made  and  maintained  at  the  expense  of  the  railroad 
corporation,  specifying  definitely  the  character  thereof 
and  when  it  may  be  used.  If  the  railroad  corporation 
neglects  for  90  days  after  the  date  of  such  order  to 
comply  therewith,  it  shall  forfeit  .^5  for  every  day 
thereafter  during  which  such  neglect  continues,  which 
shall  be  recovered  by  the  person  aggrieved.  The  amount 
recovered  shall  be  equally  divided  between  the  plaintiff 
and  the  county  within  which  the  crossing  was  ordered 
to   be   maintained. 

Appeal  to  railroad  commission.  §  122.  A  party  who  is 
aggrieved  by  a  decision  or  order  of  the  county  com- 
missioners in  any  matter  or  proceeding  arising  under 
the  provisions  of  §  23  of  part  I,  or  of  §  120  of  part  II, 
or  by  their  unreasonable  refusal  or  neglect  to  announce 
a  decision  in  any  such  matter  or  proceeding  for  CO  days 
after  the  first  day  fixed  for  a  hearing  tliereon,  may 
appeal  to  the  board  of  railroad  commissioners  by  filing 
a  notice  of  appeal  with  the  county  commissioners  within 
10  days  after  the  decision  or  order  appealed  from,  or  in 
case  of  a  refusal  or  neglect  to  announce  a  decision, 
within  10  days  after  the  expiration  of  60  days  from 
the  first  day  fixed  for  a  hearing  thereon.  The  proceedings 
before  the  county  commissioners  in  which  the  appeal  is 
taken    shall   thereupon   be   stayed. 

Appeal  may  be  abandoned.  §  123.  The  appellant,  to 
perfect  the  appeal,  shall,  within  20  days  after  filing  the 
notice  thereof,  file  with  the  clerk  of  the  board  of  railroad 
commissioners  a  petition  stating  the  reasons  for  the 
appeal,  and  shall,  within  10  days  after  filing  the  petition, 
cause  a  certified  copy  thereof  to  be  served  upon  the 
county  commissioners.  An  appeal  may  be  waived  at 
any  time  before  a  hearing  thereon  by  agreement  of  the 
parties  in  writing,  filed  with  the  county  commissioners 
and  said  board.  If  the  appellant  fails  to  perfect  the 
appeal,  or  if  the  appeal  is  waived,  the  matter  may  pro- 
ceed before  the  county  commissioners  as  if  no  appeal 
had  been  taken. 

Power  of  railroad  commission  on  appeal.     §  124.     The 


board  of  railroad  commissioners  shall  hear  the  appeal 
authorized  by  §  122  In  the  county  In  which  it  is  taken, 
unless  the  parties  in  writing  otherwise  agree.  Upon 
such  appeal,  said  board  shall  have  the  same  powers  and 
perform  the  same  duties  as  county  commissioners  in 
like  matters  and  proceedings,  and  shall  be  governed  by 
the  provisions  of  law  relative  to  hearings  and  determina- 
tions by,  and  decisions  and  orders  of,  the  county  com- 
missioners  in   such   matters  and  proceedings. 

Prescription.  §  125.  No  right  of  way  across  any  rail- 
road track  or  location  which  is  in  use  for  railroad  pur- 
poses shall  be  acquired  by  prescription.  The  provisions 
of  this  section  shall  not  apply  to  rights  of  way  which 
existed   on    June   5,    1892. 

Building  of  branches  and  extensions.  §  126.  A  railroad 
corporation,  after  having  finished  the  construction  of 
its  railroad  and  put  it  in  operation,  may  build  a  branch 
or  extension  thereof  in  accordance  with  the  provisions 
of  this  chapter,  if  an  amount  of  additional  capital  stock, 
applicable  solely  to  the  construction  of  such  branch  or 
extension,  has  been  subscribed,  and  a  certificate  of  the 
board  of  railroad  commissioners  that  public  necessity 
and  convenience  require  the  construction  of  the  branch 
or  extension  has  been  obtained,  and  a  certificate  of  the 
clerk  of  said  board  has  been  filed  according  to  the  pro- 
visions of  §  71,  and  it  may  build  such  branch  or  ex- 
tension without  additional  capital  stock,  if  its  indebted- 
ness is  not  thereby  increased;  but  the  provisions  of  this 
section  shall  not  invalidate  a  lease  or  contract  between 
railroad  corporations  which  is  made  pursuant  to  law. 
Upon  the  filing  of  such  certificate,  $50  shall  be  paid  to 
the  secretary  of  the  commonwealth.  If  the  construction 
of  such  branch  or  extension  is  not  begun,  and  10  per 
cent  of  the  additional  capital  stock  is  not  expended 
thereon  within  two  years  after  the  date  of  the  certificate 
required  by  §  71  and  the  branch  or  extension  completed 
and  put  in  operation  within  four  years  after  said  date, 
the  power  of  the  railroad  corporation  to  construct  the 
same   shall   cease. 

Railroad  com^nission  to  certify  compliance  with  law. 
5  127.  A  railroad  or  branch  or  extension  thereof  shall  not 
be  opened  for  public  use  until  the  board  of  railroad  com- 
missioners, after  an  examination,  certifies  that  all  laws 
relative  to  its  construction  have  been  complied  with, 
and  that  it  appears  to  be  in  a  safe  condition  for  operation. 
To  specify  maps,  etc..  to  be  filed  by  railroad.  §  128.  When 
a  railroad  or  a  branch  or  extension  thereof  is  finished 
and  opened  for  public  use,  the  corporation  by  which  it 
was  constructed  shall,  within  one  year  thereafter,  file 
in  the  office  of  the  secretary  of  the  commonwelth  a  map 
and  profile  thereof,  with  tables  of  grade  and  curvature 
and  a  statement  of  the  other  characteristics  of  the 
railroad,  certified  by  its  president  and  engineer  in  such 
form  as  the  board  of  railroad  commissioners  may 
prescribe. 

Sections  129-136,  both  inclusive,  relate  to  drawbridges 
and  impose  no  special  duties  on  the  railroad  commis- 
sion  in   reference   thereto. 

Abandonment  of  passenger  stations.  S  137.  A  railroad 
corporation  which  has  established  and  maintained  a 
passenger  station  throughout  the  year  for  five  consecu- 
tive years  at  any  point  upon  its  railroad  shall  not 
abandon  such  station,  unless  it  is  relocated  under  the 
provisions  of  the  following  section,  nor  substantially 
diminish  the  accommodation  furnished  by  the  stopping 
of  trains  thereat  as  compared  with  that  furnished  at 
otiier  stations  on  the  same  railroad.  The  Supreme 
Judicial  Court,  upon  an  information  filed  by  the  attorney- 
general  at  the  relation  of  ten  legal  voters  of  the  city  or 
town  in  which  such  station  is  located,  shall  have  juris- 
diction in  equity  to  restrain  the  violation  of  the  pro- 
visions  of  this   section. 

Relocation  of  stations  and  freight  depot.  §  138.  A  rail- 
road corporation  may  relocate  passenger  stations  and 
freight  depots,  with  the  approval  in  writing  of  the  board 
of  railroad  commissioners  and  of  the  board  of  aldermen 
of  the  city  or  the  selectmen  of  the  town  in  which  such 
stations  or  depots  are  situated. 

fetation  signs.  S  139.  .Every  railroad  corporation  shall 
indicate  to  its  passengers  the  name  of  each  way  station  by 
placing  at  or  near  the  station  a  proper  and  conspicuous  sign 
or  signs,  and  shall  forfeit  $50  for  each  violation  of  the 
provisions  of  this  section. 


674 


National  Association  of  Eailway  Commissioners 


Railroad  commission  to  fix  pay  for  joint  use  of  station. 
§  140.  If  one  railroad  corporation  occupies  or  uses,  or  has 
a  right  to  occupy,  enter  upon  and  use,  a  station,  railroad 
or  grounds  of  another,  or  any  portion  thereof,  the  board 
of  railroad  commissioners,  upon  petition  of  either  party, 
and  after  notice  to  the  other,  and  a  hearing,  shall  deter- 
mine the  compensation  to  be  paid  for  such  occupancy 
and  use.  Its  award  shall  be  binding  upon  the  parties 
thereto  for  five  years,  and  thereafter  until  it  Is  revised 
or  altered  by  said  board,  and  upon  the  request  in  writing 
of  a  party  affected  thereby,  filed  within  30  days  after 
the  rendering  thereof,  the  award  shall  be  filed  in  the 
Supreme  Judicial  Court,  which  shall  have  jurisdiction  to 
revise  the  same  as  if  the  award  had  been  made  by  a 
commission  appointed  by  said  court. 

Switches,  bridge  guards,  safety  sivitches.  §  141.  Every 
switch  which  is  laid  in  a  railroad  track  used  by  pas- 
senger or  mixed  trains  shall  be  a  safety  switch  of  a 
type  approved  in  writing  by  the  board  of  railroad  com- 
missioners. For  each  switch  laid  in  violation  of  the 
provisions  of  this  section,  the  railroad  corporation  shall 
forfeit  $200,  and  the  further  sum  of  $5  for  each  day 
such   switch  is  maintained. 

Blocked  switches.  §  142.  The  frogs,  switches  and  guard 
rails,  except  guard  rails  on  bridges,  which  are  in  or 
connected  with  the  railroad  tracks  operated  or  used 
by  any  railroad  corporation,  shall  be  kept  so  blocked  by 
some  method  approved  by  the  board  of  railroad  com- 
missioners as  to  prevent  employes  from  being  caught 
therein.  A  railroad  corporation  which  violates  the  pro- 
visions of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  $10  nor  more  than  $100  for  each  offense. 

Bridge  guards.  §  143.  Every  railroad  corporation,  at 
every  bridge  or  other  structure,  any  portion  of  which 
crosses  the  railroad  above  the  track,  shall  erect  and 
maintain,  in  a  manner  prescribed  by  the  board  of  rail- 
road commissioners,  suitable  bridge  guards,  of  a  type 
approved  by  said  board.  A  corporation  which  neglects 
to  comply  with  the  provisions  of  this  section  shall  forfeit 
J50  for  each  month's  neglect.  "Whoever  wilfully  destroys 
or  breaks  any  such  bridge  guard  shall  be  punished  by  a 
fine  of  not  more  than  $100  or  by  Imprisonment  for  not 
more  than  30  days. 

Stopping  of  trains  at  grade  crossings.  §  144.  It  two 
railroads  cross  each  other  at  the  same  level,  the  en- 
gineer of  every  freight  train  and,  if  both  railroads  are 
used  for  passenger  traffic,  of  every  passenger  train,  upon 
approaching  such  crossing,  shall  stop  his  engine  within 
500  feet  therefrom,  and  shall  not  resume  his  course  until 
signaled  so  to  do,  when  he  shall  pass  slowly  over  the 
crossing;  but  one  stop  shall  be  sufficient  for  all  such 
crossings  within  600  feet  of  each  other  upon  the  same 
railroad.  Every  engineer  who  fails  so  to  stop  his 
engine  shall  forfeit  $100  for  each  offense;  and  the  cor- 
poration on  whose  railroad  the  offense  is  committed  shall 
forfeit   the   further   amount   of   $300. 

Railroad  commission  to  regulate  crossings.  §  145.  The 
board  of  railroad  commissioners  shall  make  general 
regulations  for  all  such  crossings  or  special  regulations 
for  such  particular  crossings  as  it  may  designate,  and 
In  such  detail  as  it  may  consider  expedient;  and  the 
Supreme  Judicial  Court  may  issue  any  processes  nec- 
essary to  secure  the  enforcement  of  such  regulations, 
or,  upon  the  petition  of  said  board,  may  enjoin  the 
running  of  trains  on  a  railroad  upon  which  any  regula- 
tion relative  to  such  crossing  is  not  exactly  observed. 
The  approval  of  said  board  shall  be  required  for  a 
system  of  signals  to  be  established  and  maintained  in 
concert  by  corporations  operating  railroads  which  cross 
each  other;  but  no  such  regulation  or  system  of  signals 
shall  exempt  a  railroad  upon  or  across  which  passenger 
trains  are  run  from  the  requirements  of  the  preceding 
section,  unless  a  system  of  interlocking  or  automatic 
signals,  approved  In  writing  by  said  board,  is  adopted  by 
both    corporations. 

Interlocking  plants — Apportioning  cost.  §  146.  The 
board  of  railroad  commissioners  may,  on  the  application 
of  a  railroad  corporation  whose  railroad  crosses  another 
railroad  at  the  same  level,  after  notice  to  the  parties 
and  a  hearing,  authorize  the  applicant  at  its  own  ex- 
pense, to  establish  and  maintain  a  system  of  interlocking 
or  automatic  signals  at  any  crossing  of  said  railroads, 
and   to   erect   and    maintain    the   necessary   wires,    rods. 


signal  posts  and  signals,  In  such  manner  as  said  board 
shall  prescribe.  Such  corporation,  after  the  system  has 
been  established  and  approved  in  writing  by  said  board, 
shall  he  exempt  as  to  such  crossing  from  the  require- 
ments of  §  144  so  long  as  said  board  continues  its 
approval.  Upon  payment  to  such  corporation  by  the 
corporation  owning  or  operating  the  other  railroad  at 
such  crossing  of  so  much  of  the  cost  of  establishing 
such  system  of  signals  as,  upon  petition  of  the  latter 
corporation  and  a  hearing,  is  awarded  by  said  board,  both 
railroad  corporations  shall,  as  to  that  crossing,  be 
exempted  from  the  requirements  of  said  section.  Until 
such  payment  the  latter  corporation  shall  semi-annually 
contribute  toward  the  expense  of  operating  said  signals 
an  amount  equal  to  the  cost  to  it  of  operating  the  sig- 
nals used  by  it  at  said  crossing  before  the  establishment 
of  the  signals  herein  provided  for.  After  the  payment 
of  such  award  the  expense  of  maintaining  and  operating 
such  system  of  signals  shall  be  borne  by  the  two  railroad 
corporations  according  to  the  proportions  fixed  by  the 
award  for  paying  the  original  cost  of  the  signals.  So 
much  of  the  award  as  relates  to  the  cost  of  maintaining 
and  operating  said  signals  may,  at  the  request  of  either 
party,  be  revised  at  the  expiration  of  five  years  from 
the  original  award  or  from  any  revision  thereof. 

Requiring  tells  on  locomotives.  Omitted.  §  147.  Its  pro- 
visions do  not  affect  the  authority  conferred  upon  the 
board  of  railroad  commissioners  by  the  provisions  of  the 
following  section. 

Railroad  commission  to  specify  manner  of  shifting,  etc. 
§148.  The  board  of  railroad  commissioners,  up  an 
petition,  and  after  notice  to  the  railroad  corjKjratlm 
and  a  public  hearing,  may,  for  good  cause  shown,  r  !C- 
ommend  to  such  railroad  corporation  such  changes  as 
it  considers  proper  in  the  manner  of  making  up  a  id 
shifting  freight  trains  or  freight  cars,  and  to  the  soul  d- 
Ing  of  whistles  on  locomotives,  and  it  may  by  an  ore  er 
in  writing  forbid  or  regulate  the  sounding  of  whistl  3S 
on  the  locomotives  of  such  corporation  at  any  specifl  !d 
grade  crossings  of  the  tracks  of  such  corporation  wi.h 
any  highway  or  public  way.  The  corporation  which  is, 
subject  to  the  provisions  of  such  order  shall  thereaft  r, 
until  the  order  shall  have  been  modified  or  annulled  ly 
said  board,  conform  in  all  respects  to  the  terms  thereof. 

Commission  may  specify  warning  signals.  §  149.  Eve  -y 
railroad  corporation  shall  cause  boards,  supported  >y 
posts  or  otherwise  at  such  height  as  to  be  easily  se  n 
by  travelers,  and  not  obstructing  travel,  containing  m 
each  side  in  capital  letters  at  least  nine  inches  long  t  le 
following  inscription,  "Railroad  crossing — Look  out  1  jr 
the  engine,"  to  be  placed  and  constantly  maintain  !d 
across  each  highway  or  town  way  where  it  is  cross  ^d 
by  the  railroad  at  the  same  level;  or  the  corporati  in 
may  substitute  therefor  warning  boards  on  each  si  le 
of  the  crossing,  of  such  form,  size  and  description  is 
the  board  of  railroad  commissioners  shall  approve. 

And  order  railroad  to  use  them.  §  150.  The  board  of 
aldermen  of  a  city  or  the  selectmen  of  a  town  In  whi  -li 
a  traveled  place  is  crossed  by  a  railroad  at  the  sai  le 
level,  if  of  opinion  that  it  is  necessary  for  the  bett  it 
security  of  the  public  that  boards  such  as  are  describ  !d 
in  the  preceding  section  should  be  maintained  at  su  ;h 
traveled  place,  may  in  writing  request  the  railroad  cor- 
poration to  erect  and  maintain  them.  If  it  refuses  Dr 
neglects  so  to  do,  they  may  apply  to  the  board  of  rail- 
road commissioners.  If  said  board,  after  public  noti  ;e 
and  a  hearing,  decides  that  such  erection  is  necessary  lor 
the  better  security  of  the  public,  the  corporation  sh;.ll 
comply   with   such   decision. 

Gates  at  crossings.  §  151.  The  board  of  railroad  co  n- 
missioners,  after  notice  to  a  railroad  corporation  whose 
railroad  crosses  a  highway,  town  way  or  traveled  place 
at  the  same  level,  and  a  hearing,  may  direct  in  wrltiig 
that  gates  shall  be  erected  at  said  crossing  across  said 
way  or  place  and  that  an  agent  be  stationed  thereat 
to  open  and  close  such  gates  when  an  engine  or  train 
passes,  or  that  a  flagman  he  stationed  at  the  crossii.g, 
who  shall  display  a  flag  when  an  engine  or  train  passes, 
or  that  such  crossing  shall  be  provided  with  such  an 
electric  eignal  as  said  board  determines  the  better 
security  of  human  life  or  the  convenience  of  the  public 
travel  requires,  and  the  corporation  shall  comply  with 
such  order. 


Public  Seevice  Laws 


675 


Enforcement  of  preceding  sections.  §  152.  The  Supreme 
Judicial  Court  sliall  have  jurisdiction  in  equity  to  en- 
force compliance  with  the  provisions  of  the  three  pre- 
ceding sections,  and  a  railroad  corporation  which  un- 
reasonably neglects  to  comply  with  an  order  or  decision 
made  under  the  provisions  of  the  two  preceding  sections 
shall  forfeit  not  more  than  $1,000  for  every  such  neglect. 

Commission  may  require  signals  of  approach  of  train. 
§  153.  The  board  of  railroad  commissioners  may  require  a 
railroad  corporation  whose  railroad  crosses  a  highway 
by  a  crossing  above  the  level  of  the  highway  to  give 
such  signal  as  said  board  may  designate  of  the  approach 
of  trains  to  such  crossing.  Said  board  may  in  each 
case  determine  the  nature  of  the  signal  to  be  given, 
and,  in  its  discretion,  may  require  an  automatic  signal. 
The  Supreme  Judicial  Court  shall  have  jurisdiction  In 
equity  to  compel  railroad  corporations  to  comply  with 
orders  made  by  said  board  under  the  provisions  of  this 
section. 

Removal  of  standing  wood  at  crossings.  §  154.  If  the 
view  of  a  railroad  crossing  or  highway  at  grade  is 
obstructed  by  standing  wood  in  woodlands,  the  railroad 
corporation  or  ten  citizens  of  a  town  may  petition  the 
county  commissioners  for  the  county  in  which  such 
crossing  is  situated  for  the  removal  of  such  standing 
wood,  and  the  commissioners,  after  notice  and  a  hearing, 
shall  make  such  orders  as  to  such  removal  as  the  public 
safety  demands.  They  shall  also  prescribe  the  limits 
within  which  such  standing  wood  shall  be  taken,  and 
shall  determine  the  damage  sustained.  Such  damage  and 
the  expense  incident  thereto  shall  be  assessed  and 
collected  in  the  manner  provided  for  the  taking  of  land 
by  railroad  corporations,  and  shall  be  paid  by  the  rail- 
road corporation.  Either  party  who  is  aggrieved  by  the 
decision  of  the  commissioners,  may  appeal  therefrom  in 
the  manner  provided  in  §  87  [by  application  for  a  jury 
to   assess   damages]. 

Section  155  prohibits  the  obstruction  of  highways  by 
railroads. 

Railroad  commission  to  prohihit  obstructions  of  cross- 
ings. §  156.  Upon  an  application  to  the  board  of  railroad 
commissioners,  according  to  the  provisions  of  §  10  of 
part  I,  stating  that  a  crossing  of  a  railroad  with  a  high- 
way, town  way  or  street  at  the  same  level  is  improperly 
used  by  a  railroad  corporation  with  its  freight  engines, 
freight  cars  or  freight  trains  to  the  unreasonable  incon- 
venience or  danger  of  the  public,  said  board,  after  notice, 
shall  hear  the  parties;  and,  if  public  convenience  or 
safety  so  requires,  it  may  direct  that  after  a  date  to 
be  fixed  by  it  such  railroad  corporation  shall  not  use 
such  crossing  or  any  part  thereof  for  making  up,  con- 
necting or  disconnecting  freight  trains,  or  the  engines 
or  cars  of  such  trains,  or  for  the  purpose  of  distributing 
freight  or  freight  cars;  and  to  prevent  the  same  may 
prescribe  such  changes  to  be  made  in  the  construction 
of  side  tracks,  branches  and  connections,  in  proximity  to 
such  crossings,  and  such  regulations  limiting  the  use  of 
such  crossings,  as  may  be  necessary.  Said  board  may  at 
any  time  modify  its  order,  after  a  hearing  and  for  cause 
shown.  The  Supreme  Judicial  Court  shall  have  juris- 
diction in  equity  on  application  of  the  attorney-general 
to   enforce   compliance  with   such  order. 

Railroads  may  use  electric  power.  §  157.  A  railroad 
corporation  which  is  subject  to  the  provisions  of  this 
Act   may   operate   Its    railroad    by    electricity. 

Brakemen.    §  158.   As  to  number  of  brakemen  necessary. 

Safety  appliances  for  freight  trains.  §  159.  A  railroad 
corporation,  in  moving  traffic  between  points  in  this 
commonwealth,  shall  not  use  any  locomotive  which  is 
not  equipped  with  a  power  driving  wheel  brake  and 
appliances  for  operating  the  train  brake  system;  nor 
run  any  train  In  such  traffic  unless  a  sufficient  number 
of  cars  In  it  are  so  equipped  with  power  or  train  brakes 
that  its  speed  can  be  controlled  by  the  engineer  of  the 
locomotive  which  is  drawing  such  train,  without  the  use 
of  tjie  common  hand  brakes  by  the  brakemen.  When 
euch  corporation  has  equipped  a  sufficient  number  of 
Its  cars  with  such  power  or  train  brakes,  it  may  law- 
fully refuse  to  receive  from  connecting  lines  of  railroad 
any  cars  used  in  such  traffic  which  are  not  sufficiently 
equipped  with  such  power  or  train  brakes  as  will  work 
and  readily  interchange  with  the  brakes  in  use  on  Its 
own   cars. 


Automatic  couplers  on  freight  trains.  §  160.  A  railroad 
corporation  which  operates  a  railroad  or  any  portion 
tjhereof  within  this  commonwealth  shall  cause  to  be 
placed  upon  both  ends  of  every  freight  car  owned  by 
it  and  which  it  may  lawfully  use  such  automatic  or 
other  safety  coupler  as  the  board  of  railroad  commis- 
sioners, after  an  examination  and  test,  may  prescribe, 
and  said  board  may  annul  any  such  requirement  made 
by  It.  The  Supreme  Judicial  Court,  upon  the  application 
of  the  attorney-general,  may  enforce  the  provisions  of 
this  section. 

Same — Prohibition.  §  161.  A  railroad  corporation,  In 
moving  traffic  between  points  in  this  commonwealth, 
shall  not  haul  or  use,  or  permit  to  be  hauled  or  used, 
on  Its  lines  any  car  which  is  not  equipped  with  couplers 
coupling  automatically  by  impact,  and  uncoupling  other- 
wise than  by  going  between  the  cars. 

Grabirons.  §  162.  A  railroad  corporation.  In  moving 
traffic  between  points  in  this  commonwealth,  until  other- 
wise ordered  by  the  board  of  railroad  commissioners, 
shall  not  use  any  car,  except  flat  cars  equipped  with 
automatic  couplers,  which  is  not  provided  with  secure 
grablrons  or  handholds  on  the  ends  and  sides  for 
greater  security  tlo  men  In  coupling  and  uncoupling  cars. 

Standard  height  of  drawbars  for  freight  cars.  §  163. 
The  standard  height  of  drawbars  for  freight  cars,  meas- 
ured perpendicularly  from  the  level  of  the  top  of  the 
rails  to  the  centers  of  the  drawbars,  shall  be  34%  Inches 
for  standard  gauge  railroads  and  26  inches  for  narrow 
gauge  railroads,  with  a  maximum  variation  from  such 
standard  height,  in  either  case,  of  three  inches  between 
the  drawbars  of  empty  and  loaded  cars;  and  no  freight 
car  with  drawbars  which  do  not  comply  with  the  above 
standard,  whether  loaded  or  unloaded,  shall  be  used  In 
moving  traffic  between  points  In  this  commonwealth. 

Penalty.     §  164.    Penalty  $100. 

Limitations.  §  165.  Sections  159-164  are  not  to  apply 
to  trains  made  up  of  four-wheel  cars. 

Railroad  commission  may  extend  time.  §  166.  The 
board  of  railroad  commissioners  may  from  time  to  time, 
after  hearing  and  for  good  cause,  exempt,  until  a  date 
fixed  by  it,  any  railroad  corporation  from  the  require- 
ments of  §§  159,  161,  162  and  163. 

Assumption  of  risk  by  employe  restricted — Employe  in- 
jured by  negligence  of  another,  etc.  §  167.  An  employe 
of  a  railroad  corporation  who  Is  Injured  by  any  locomo- 
tive, car  or  train  which  is  used  contrary  to  the  pro- 
visions of  §  §  159,  161,  162  and  163,  shall  not  be  deemed 
to  have  assumed  the  risk  of  such  injury,  although  he 
continues  In  the  employment  of  such  corporation  after 
the  unlawful  use  of  such  locomotive,  car  or  train  has 
been  brought  to  his  knowledge.  An  employe  of  a  rail- 
road corporation  who  Is  injured  by  any  locomotive,  car 
or  train  by  reason  of  the  negligence  of  any  other  em- 
ploye of  the  corporation  shall  not  be  deemed  to  have 
assumed  the  risk  of  such  Injury.  [As  amended  by 
Act  approved   May  28,   1898.] 

LEASE  OE  PURCHASE  OF  FEANCHISE. 

Leases,  etc.,  to  be  approved  by  railroad  commission.  §  67. 
A  lease  or  purchase  and  sale  of  the  franchise  and  prop- 
erty of  a  railroad  corporation,  or  street  railway  company, 
and  a  consohdation  of  two  or  more  railroad  corporations, 
or  street  railway  companies,  or  a  contract  that  either 
corporation  shall  perform  all  the  transportation  upon 
and  over  the  road  of  the  other,  whether  authorized  by 
general  laws  or  a  special  Act  shall  not  be  valid  or  bind- 
ing until  the  terms  thereof  shall,  after  public  notice  and 
a  hearing,  have  been  approved  by  the  board  of  railroad 
commissioners,  and  a  certificate  signed  by  said  board, 
setting  forth  the  vote  of  approval,  shall  have  been  filed 
in  the  office  of  the  secretary  of  the  commonwealth.  Said 
board  shall  announce  its  decision  within  thirty  days 
after  the  final  hearing  upon  the  application  of  any  rail- 
road corporation  or  street  railway  company  for  permis- 
sion to  lease  or  sell  to,  consolidate  with  or  purchase  the 
franchise  and  other  property  of,  any  other  railroad  cor- 
poration or  street  railway  company,  or  to  contract  with 
any  other  railroad  corporation  or  street  railway  company 
that  either  corporation  shall  perform  all  the  transporta- 
tion upon  and  over  the  road  of  the  other.  [As  amended 
1907.] 


676 


Natioxal  Association  of  Eailavay  Commissionkrs 


CONSOLIDATION. 

"Merger  bill,"  so  called — Acquisition  of  stock  of  domestic 
railroads,  etc. — Voting  upon,  etc.  §  1.  No  corporation  owu- 
ing,  leasing  or  operating  a  railroad  wholly  or  partly 
in  this  commonwealth,  nor  any  person  or  corporation 
acting  In  its  interest  shall,  directly  or  indirectly,  after 
the  passage  of  this  Act  acquire,  or  attempt  to  acquire  by 
purchase,  exchange  of  shares,  or  in  any  other  way,  any 
shares  of  the  capital  stock  of  any  domestic  railroad  com- 
pany not  lawfully  leased,  owned  or  operated  by  It  prior 
to  the  first  day  of  May  in  the  year  1907,  except  under 
specific  authority  provided  by  statute.  No  such  corpora- 
tion nor  any  person  in  Its  behalf  shall,  prior  to  the  first  day 
of  July,  1908,  vote  any  such  stock  which  it  now  holds  or 
may  acquire  in  its  own  name  or  In  that  of  any  person 
or  corporation  acting  in  Its  Interest,  nor  attempt  to  vote 
the  same,  at  any  meeting  of  the  stockholders  of  such 
domestic  railroad  company,  nor  exercise,  nor  attempt  to 
exercise,  directly  or  indirectly,  any  control,  direction, 
supervision  or  influence  whatsoever  over  the  acts  or  do- 
ings of  such  domestic  railroad  company  by  virtue  of 
such   holding  of  stock  therein. 

Voting  at  elections  on  shares  of  stock,  until.  §  2.  No 
domestic  railroad  company  shall,  prior  to  said  date,  per- 
mit any  shares  of  its  capital  stock  owned  or  controlled 
by  a  corporation,  as  designated  in  §  1,  or  by  any  person 
or  corporation  acting  in  its  interest,  to  be  voted  on 
behalf  of  said  corporation  by  its  officers,  attorneys  or 
agents,  or  any  other  person,  at  any  corporate  election 
for  directors  or  officers  of  such  domestic  railroad  com- 
pany. No  such  domestic  railroad  company,  or  any  officer, 
director,  servant  or  agent  thereof,  shall  permit  or  suffer 
the  said  corporation  designated  in  §  1  or  any  of  Its 
officers  or  agents  to  exercise  any  control  whatsoever 
over  the  corporate  acts  of  such  domestic  company.  No 
officer,  agent,  servant  or  employe  of  such  corporation 
shall,  prior  to  the  first  day  of  July,  1908,  be  elected  or 
appointed  or  serve  or  act  as  an  officer,  agent,  servant 
or  employe  of  such  domestic  railroad  company:  Provided, 
however,  that  the  provisions  of  this  section  shall  not 
apply  to  any  vote  upon  such  shares  of  stock  nor  to  any 
action  taken  under  the  provisions  of  §  3  of  this  Act;  nor 
shall  the  provisions  of  this  section  apply  to  the  election, 
appointment,  service  and  acts  of  any  officer,  agent,  ser- 
vant or  employe  of  any  domestic  railroad  company  that 
may  have  been  lawfully  owned,  leased  or  operated  prior 
to  the  first  day  of  May,  1907,  by  such  railroad  corporation 
as  is  designated  In  |  1.  If  at  any  annual  meeting  or  at 
any  other  meeting  held  for  the  purpose  of  electing  offi- 
cers less  than  a  majority  of  the  stock  of  such  domestic 
railroad  company  Is  represented,  no  election  of  officers 
shall    take   place. 

Application  to  ioard  of  railroad  commissioners — Deter- 
mination, report.  §  3.  The  presidents,  or  a  majority  of 
the  boards  of  directors,  or  the  holders  of  not  less  than 
one-third  in  Interest  of  the  capital  stock  of  two  or  more 
railroad  corporations,  may  apply  to  the  board  of  railroad 
commissioners  for  its  determination  as  to  whether  the 
consolidation  of  the  railroads  of  such  corporations  is 
consistent  with  the  public  interest.  If  the  board,  after 
public  notice  and  a  hearing,  shall  find  that  such  con 
solidation  is  consistent  with  the  public  interest,  it  shall 
report  its  findings  to  the  general  court,  together  with 
drafts  of  a  law  or  laws  to  authorize  such  consolidation 
upon  the  agreement  of  the  corporations  to  be  consoli- 
dated, and  after  ratification  by  a  vote  of  not  less  than 
two-thirds  In  interest  of  the  stockholders  in  each,  and 
under  terms  and  conditions  which  will  effectually  pre- 
vent any  decrease  in  the  facilities  for  transportation  on 
the  railroad  of  either  of  such  corporations  or  any  in- 
crease in  the  rates  for  passengers  or  freight  by  the  said 
consolidation,  and  which  will,  in  the  opinion  of  the 
board,  secure  to  the  commonwealth  adequate  control 
over  the  organization,  conduct  and  management  of  the  said 
corporations  and  railroads,  and  upon  such  other  terms 
and  conditions  as  may  seem  to  the  board  desirable  and 
proper. 

No  increase  of  fares  or  rates.  §  4.  In  case  of  any  lease, 
purchase  and  sale  or  consolidation  as  authorized  by  the 
foregoing  section,  no  rate,  fare  or  charge  for  transpor- 
tation of  passengers  or  property  shall  be  increased,  and 
no  facilities  for  transportation  shall  be  diminished  there- 
by,   nor   in    connection    therewith    or   as   a   result   thereof 


shall  there  be  any  increase  in  the  aggregate  outstanding 
capital  stock  or  indebtedness  of  the  contracting  com- 
panies. 

Switch  connections.  S  5.  A  railroad  corporation,  upon 
the  application  of  any  shipper  tendering  freight  for  trans- 
portation, shall  construct,  maintain  and  operate  upon 
reasonable  terms  a  switch  connection  or  switch  con- 
nections with  a  lateral  line  of  railroad  or  private  side- 
track owned,  operated  or  controlled  by  such  shipper  and 
shall,  upon  the  application  of  any  shipper,  provide  upon 
its  own  property  a  sidetrack  and  switch  connection  with 
its  line  of  railroad,  whenever  such  sidetrack  and  switch 
connection  are  reasonably  practicable,  can  be  put  in  with 
safety,  and  the  business  therefor  is  sufficient  to  justify 
the  same. 

Switch  connections — Failure  to  install,  etc. — Appeal  to 
railroad  commissioners.  §  6.  If  any  railroad  corporation 
shall  fail  to  install  or  operate  any  such  switch  connec- 
tion with  a  lateral  line  of  railroad  or  any  such  sidetrack 
and  switch  connection  as  aforesaid,  after  written  appli- 
cation therefor  has  been  made  to  it,  any  person  interested 
may  present  the  facts  to  the  board  of  railroad  commis- 
sioners by  written  petition,  and  the  board  shall  Investi- 
gate the  matters  stated  in  such  petition,  and  give  su:h 
hearing  thereon  as  it  may  deem  necessary  or  proper.  If 
the  board  be  of  opinion  that  it  is  safe  and  practicable  to 
have  a  connection,  substantially  as  prayed  for,  estab- 
lished or  maintained,  and  that  the  business  to  be  doie 
thereon  justifies  the  construction  and  maintenance  there- 
of. It  shall  make  an  order  directing  and  constructing  tie 
establishment  thereof,  specifying  the  reasonable  compensa- 
tion to  be  paid  for  the  construction,  establishment  and  main, 
tenance  thereof,  and  may  In  like  manner  upon  the  applica- 
tion of  the  railroad  corporation  order  the  discontinuance  it 
such  switch  connection. 

Railroad  commissioners  to  approve  contracts.  §  7.  S(  c- 
tion  67  of  part  I  of  chapter  463  of  the  Acts  of  the  yeir 
190C  is  hereby  amended  by  inserting  after  the  wo:  d 
"companies,"  In  the  fourth  line,  the  words,  "or  a  coi- 
tract  that  either  corporation  shall  perform  all  the-  trans- 
portation upon  and  over  the  road  of  the  other,"  ai  d 
by  adding  at  the  end  thereof  the  words,  "or  to  contra  t 
with  any  other  railroad  corporation  or  street  railws  y 
company  that  either  corporation  shall  perform  all  tl  e 
transportation  upon  and  over  the  road  of  the  other,"  :  o 
as  to  read  as  follows:  §  67.  A  lease  or  purchase  aid 
sale  of  the  franchise  and  property  of  a  railroad  corpor  i- 
tion,  or  street  railway  company,  and  a  consolidation  ■  f 
two  or  more  railroad  corporations,  or  street  railw;  y 
companies,  or  a  contract  that  either  corporation  shall  pe  - 
form  all  the  transportation  upon  and  over  the  road  ■  f 
the  other,  whether  authorized  by  general  laws  or  a 
special  Act,  shall  not  be  valid  or  binding  until  the  tern  s 
therein  shall,  after  public  notice  and  a  hearing,  ha'  e 
been  approved  by  the  board  of  railroad  commissioner ;. 
and  a  certificate  signed  by  said  board,  setting  forth  tl  e 
vote  of  approval,  shall  have  been  filed  in  the  office  '  f 
the  secretary  of  the  commonwealth.  Said  board  sha  il 
announce  its  decision  within  30  days  after  the  finul 
hearing  upon  the  application  of  any  railroad  corporatlc  n 
or  street  railway  company  for  permission  to  lease  i  r 
sell  to,  consolidate  with  or  purchase  the  franchise  ard 
other  property  of,  any  other  railroad  corporation  ( r 
street  railway  company,  or  to  contact  with  any  othi  r 
railroad  corporation  or  street  railway  company  th;  t 
either  corporation  shall  perform  all  the  transportatlcn  ^ 
upon   and   over   the   road   of   the   other. 

Certain  leases  validated.  §  8.  Section  209  of  part  II 
chapter  463  of  the  Acts  of  the  year  1906  is  beret 
amended  by  striking  out  after  the  word  "section,"  in  tl  e 
thirteenth  line,  the  words  "207,"  and  Inserting  in  place 
thereof  the  words,  "67  of  part  I  of  this  Act,"  so  as  io 
read  as  follows:  §  209.  Two  railroad  corporations, 
which  are  incorporated  under  the  laws  of  this  commo  i- 
wealth,  and  whose  railroads  enter  upon  or  connect  with 
each  other,  may  contract  that  either  corporation  shall 
perform  all  the  transportation  upon  and  over  the  rail- 
road of  the  other;  and  any  such  corporation  may  lea!;e 
its  railroad  to  any  other  such  corporation:  but  the 
facilities  for  travel  and  business  on  either  of  the  rail- 
roads of  said  corporations  shall  not  thereby  be  dimin- 
ished. Such  leases  shall  be  upon  such  terms  as  the 
directors   agree,   and    as   a    majority    in    Interest    of   the 


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677 


stockholders  of  both  corporations  at  meetings  called  for 
the  purpose  approve,  subject  to  the  provisions  of  §  C7 
of  part  I  of  this  Act.  The  income  arising  from  such 
contracts  or  leases  shall  be  subject!  to  the  provisions  of 
law  relative  to  the  right  of  the  commonwealth  to  pur- 
chase the  railroads  of  the  railroad  corporations  or  to 
reduce  their  tolls,  in  the  same  manner  as  that  arising 
from  the  use  of  the  railroads.  Copies  of  such  contracts 
or  leases  shall  be  deposited  with  the  board  of  railroad 
commissioners,  and  full  statements  of  the  facts  shall 
be  set  forth  in  the  next  annual  return  of  such  corpora- 
tions. The  provisions  of  this  section  shall  not  authorize 
a  lease  or  contract  between  two  railroad  corporations, 
each  of  which  has  a  terminus  in  the  city  of  Boston. 
The  railroads  of  two  railroad  corporations  shall  be  con- 
sidered to  enter  upon  or  connect  with  each  other,  within 
the  meaning  of  this  section,  if  one  of  such  railroads 
enters  upon,  connects  with,  or  intersects  a  railroad 
leased  tp  the  other  or  operated  by  it  under  a  contract 
as   herein  authorized. 

Penalty,  $10,000  fine,  etc.  §  9.  A  railroad  corporation, 
as  hereinbefore  designated,  which  viola.tes  the  provisions 
of  the  first  three  sections  of  this  Act,  shall  be  punished 
by  a  fine  of  $10,000  for  each  offense;  and  any  officer  or 
agent  of  such  railroad  corporation  who  procures,  aids 
or  abets  such  corporation  in  any  violation  of  said  sec- 
tions, and  any  partnership,  trustee  or  other  person  who 
procures,  aids  or  abets  in  any  violation  thereof,  shall 
be  punished  by  a  fine  of  |1,000  or  by  imprisonment  for 
not  more  than  one  year  nor  less  than  six  months,  or  by 
both  such  fine  and  imprisonment. 

Jurisdiction  to  enforce.  *  10.  The  Supreme  Judicial 
Court  shall  have  jurisdiction  in  equity  upon  petition  of 
the  attorney-general  or  of  any  stockholder  in  such  domes- 
tic railroad  company  to  compel  the  observance,  and  to 
restrain  any  violation,  of  the   provisions  of  this  Act. 

Not  to  ratify  previous  Acts.  §  11.  Nothing  in  this  Act 
contained  shall  be  construed  as  sanctioning  or  ratifying 
any  acquisition  heretofore  made  by  any  corporation  own- 
ing, leasing,  or  operating  a  railroad  in  this  common- 
wealth, or  by  any  person,  association,  trust,  or  corpora- 
tion acting  in  its  behalf  or  controlled  by  it,  of  any  shares 
or  a  beneficial  interest  in  any  shares  of  stock  in  a 
domestic   railroad  company. 

In  etfect  forthwith.  §  12.  This  Act  shall  take  effect 
upon  Its  passage.     [Approved  June  28,  1907.] 

R.-ULBOAD    POLICE. 

Railroad  and  street  railway  police.  §  49.  The  mayor  of 
a  city,  or  the  selectmen  of  a  town,  upon  the  petition 
of  a  railroad  corporation  having  a  passenger  station  in 
such  city  or  town,  or  of  a  street  railway  company  oper- 
ating a  street  railway  therein,  may  appoint  as  many  of 
the  persons  designated  in  said  petition  as  police  officers 
as  they  may  deem  proper  for  the  purposes  and  with  the 
powers  hereinafter   set  forth. 

Record  of  appointment.  §  50.  An  attested  copy  of  the 
record  of  all  such  appointments  shall  be  filed  by  the 
petitioner  with  the  clerk  of  every  city  or  town,  other 
than  the  city  or  town  of  appointment,  in  which  the  rail- 
road corporation  or  street  railway  company  operates  its 
cars,  and  in  which  it  is  intended  that  such  police  officers 
shall  act;  and  the  filing  of  such  attested  copy  shall 
constitute  the  persons  named  therein  railroad  or  street 
railway  police,  respectively,  within  such  city  or  town, 
and  shall  be  conclusive  evidence  of  the  regularity  of 
their  appointment. 

Term  of  office,  i  51.  Such  police  officers  shall  be  sworn 
before  a  justice  of  the  peace,  and  shall  hold  their  offices 
until  their  appointment  is  revoked  by  the  mayor  of  the 
city  or  the  selectmen  of  the  town  in  which  they  are  ap- 
pointed; but  such  petitioner,  upon  ceasing  to  require  the 
services  of  any  of  such  officers,  shall  file  a  notice  to 
that  effect  with  the  clerk  of  the  city  or  town  in  which 
he  is  appointed,  and  with  the  clerks  of  the  several  cities 
and  towns  in  which  notice  of  such  appointment  has  been 
filed,  and  thereupon  the  power  of  such  officer  shall  cease. 

Badge.  §  52.  Such  officers  shall,  when  on  duty  except 
as  detectives,  wear  in  plain  sight  a  metallic  badge. 
Inscribed  with  the  words,  "Railroad  Police,"  or  "Street 
Railway  Police,"  as  the  case  may  be,  and  the  name  or 
initials   of   the    corporation   or    company    for    which    they 


are  appointed;  and  the  presence  of  any  such  officer  on 
the  cars  or  premises  of  the  corporation  or  company 
upon  whose  petition  he  was  appointed,  wearing  such 
badge,  shall  be  prima  facie  evidence  that  he  Is  lawfully 
upon  duty. 

Powers.  §  53.  Railroad  and  street  railway  police  offi- 
cers may  preserve  order  on  the  premises  and  cars  of 
the  corporation  or  company  upon  whose  petition  they 
are  appointed;  may,  without  a  warrant,  arrest  an  idle, 
noisy,  intoxicated  or  disorderly  person  upon  such  prem- 
ises or  cars;  or  a  passenger  upon  such  cars  who  refuses 
to  pay  his  fare,  and  remove  him  to  the  baggage  or 
other  suitable  car;  may,  without  a  warrant,  arrest  any 
person  committing  any  of  the  offenses  specified  in  §  G6; 
and  street  railway  police  officers  may,  without  a  warrant, 
arrest  any^person  committing  any  of  the  offenses  specified 
in  §  84  of  part  III. 

Arrests,  etc.  §  54.  The  person  so  arrested  shall  be 
taken  to  the  police  station  or  other  place  of  lawful  de- 
tention in  the  city  or  town  In  which  the  arrest  is  made, 
or  in  the  city  or  town  in  which  the  car  next  stops;  he 
may  be  placed  in  charge  of  a  police  officer  or  constable 
In  either  of  such  cities  or  towns,  to  be  taken  to  a  lawful 
place  of  detention  within  24  hours  after  the  time  of 
such  arrest,  Sundays  excepted.  Complaint  shall  be  made 
against  the  person  arrested  by  the  officer  taking  him 
to  the  place  of  detention  for  the  offense  for  which  he 
was  arrested,  to  a  police,  district  or  municipal  court,  or 
trial  justice  having  jurisdiction  of  such  offenses  com- 
mitted In  the  city  or  town  in  which  such  person  is 
detained,  and  such  court  or  justice  shall  have  jurisdiction 
of  the  case. 

Paid  by  railways.  S  55.  Railroad  and  street  railway 
police  officers  shall  be  paid  by  the  corporation  or  com- 
pany upon  whose  petition  they  are  appointed.  Such 
corporation  or  company  shall  be  liable  for  any  official 
misconduct  of  such  officers  to  the  same  extent  as  for 
torts  of  agents  or.  servants  in  their  employ. 

REVISED  LAWS,  CHAPTER  204,  §  46. 

Witness'  fees.  §  46.  Railroad  police  shall  not  be  entitled 
to  any  fees  for  attendance  upon  a  trial  as  witnesses  for 
the  commonwealth,  but  they  may  be  allowed  their  neces- 
sary expenses  therefor. 

B.\ILB0AD    AND    STREET    RAILWAY   RELIEF    CORPORATIONS. 

Holo  created.  §  46.  Seven  or  more  persons,  a  majority 
of  whom  are  residents  of  this  commonwealth,  being  em- 
ployes of  any  railroad  corporation  or  street  railway  com 
pany,  organized  under  the  laws  of  this  commonwealth, 
may,  in  accordance  with  the  provisions  of  §§  3  to  6.  in- 
clusive, of  chapter  125  of  the  Revised  Laws,  form  a  cor- 
poration for  the  purpose  of  receiving,  managing  and 
applying  such  )fl-operty  and  funds  as  It  may  receive  by 
contribution,  assessment  or  otherwise  for  the  improve- 
ment and  benefit  of  its  members,  and  for  their  relief  and 
the  relief  of  their  families  In  case  of  sickness,  injury,  in- 
ability to  labor,  or  other  cases  of  need. 

REVISED  LAWS,  CHAPTER  125,  §  6. 

By-laws.  §  6.  The  corporation  may  prescribe  by  Its  by- 
laws the  manner  in  which,  and  the  officers  and  agents 
by  whom,  the  purposes  of  its  incorporation  may  be  .ac- 
complished, and,  instead  of  the  directors  and  other 
officers  to  be  chosen  at  the  first  meeting,  it  may  have 
a  board  of  other  officers  with  the  powers  of  directors, 
and  presiding,  financial  and  recording  officers  with  the 
powers  of  president,  treasurer  and  clerk;  and  its  certifi- 
cate of  organization  may  be  made,  signed  and  sworn  to 
by  its  presiding,  financial  and  recording  officers  and  a 
majority  of  its  other  officers  having  the  powers  of  di- 
rectors; and  the  certificate  issued  by  the  secretary  under 
the  provisions  of  §  20  of  chapter  110  shall  be  modified  to 
correspond   with   the   facts   in   each  case. 

Approved  by  railroad  commission.  §  47.  The  by-laws 
of  such  corporation  shall  be  approved  by  the  board  of 
railroad  commissioners,  and  shall  prescribe  the  manner 
In  which,  and  the  officers  and  agents  by  whom,  the  pur- 
pose of  its  Incorporation  may  be  carried  out,  and  also  the 
manner  in  which  its  property  may  be  invested.  Such 
corporation  shall  annually,  and  as  often  as  may  be  re- 
quired by  the  board  of  railroad  commissioners,  render  to 


678 


NATiONix  Association  of  Eailway  Comiiissionees 


said  board  such  statements  of  its  membership  and  finan- 
cial transactions  and  such  other  information  relative 
thereto  as  said  board  may  consider  necessary  for  a 
proper  exhibit  of  its  business  and  standing.  Said  board 
may  verify  such  statement  by  an  examination  of  the 
boolcs  and  papers  of  the  corporation;  and  whoever,  hav- 
ing charge  or  custody  of  such  books  and  papers,  neglects 
to  cornply  with  the  provisions  of  this  section  shall  be 
punished   by  a  fine  of  not   more  than  $500. 

Street  railway  may  form  relief  corporation.  §  48.  A 
railroad  corporation  which  operates  a  railroad  or  portion 
thereof  in  this  commonwealth,  or  a  street  railway  com- 
pany, may,  by  vote  of  its  directors,  associate  itself  with 
seven  or  more  of  its  employes  in  forming  a  corporation 
under  the  provisions  of  §  46,  or  may,  upon  the  invita- 
tion of  any  such  society,  become  a  member  thereof,  and  may 
aid  such  corporation  by  contributions  to  its  funds  or 
otherwise.  The  by-laws  of  such  corporation  shall  pro- 
vide for  the  manner  in  which  the  railroad  corporation  or 
street  railway  company  shall  vote  and  be  represented  in 
said  corporation.  The  funds  of  such  corporation  shall 
not  be  liable  to  attachment  by  the  trustee  process,  or  be 
liable  to  be  taken  on  execution  or  on  any  other  process, 
legal  or  equitable,  to  satisfy  any  debt  or  liability  of  the 
railroad  corporation  or  street  railway  company  or  of  any 
member  of   the   corporation. 

INSPECTION    OF   EQUIPMENT. 

Duties  of  railway  inspectors.  §  56.  Railroad  and  street 
railway  inspectors  who  are  appointed  under  the  provi- 
sions of  §  1,  shall,  under  the  direction  of  the  board  of 
railroad  commissioners,  examine  the  roadbed,  tracks, 
crossings,  stations,  rolling  stock,  machinery,  equipments, 
appliaflces  and  grounds  used  in  or  in  connection  with 
the  operation  of  railroads  or  street  railways;  and  if  they 
are  considered  by  an  inspector  not  to  be  in  compliance 
with  the  requirements  of  law,  or  to  be  In  such  condition 
as  to  endanger  the  safety  of  the  public  or  of  employes, 
he  shall  so  report  in  writing  to  said  board,  which,  if  it 
considers  it  necessary,  shall  give  notice  to  the  corpora- 
tion or  company,  or  to  the  persons  who  own  or  operate 
the  railroad  or  street  railway,  of  such  failure  to  comply 
with  the  requirements  of  the  law  or  of  such  defects,  with 
such  recommendation  as  it  may  consider  necessary  or 
proper. 

To  investigate  accidents  and  attend  inquests.  §  57.  An 
inspector  shall,  under  the  direction  of  the  board  of  rail- 
road commissioners,  investigate  as  promptly  as  may  be 
any  accident  upon  a  railroad  or  street  railway,  or  result- 
ing from  the  operation  thereof,  which  causes  the  death 
or  imperils  the  life  of  a  passenger,  employe  or  other 
person,  and  shall  report  thereon  to  said  board.  He  shall 
attend  the  inquest  held  in  the  case  of  any  such  death 
by  accident,  and  may  cause  any  person  who  has  knowl- 
edge of  the  facts  or  circumstances  connected  with  such 
death  to  be  summoned  as  a  witness  to  testify  at  the 
inquest. 

Examination  of  railroad  and  street  railway  bridges. 
§  58.  Every  railroad  corporation  and  street  railway  com- 
pany shall,  upon  request  of  the  board  of  railroad  com- 
missioners, and  at  least  once  in  two  years,  cause  an 
examination  of  its  bridges  and  of  tbe  approaches  thereto 
to  be  made  by  a  competent  engineer,  who  shall  report 
the  result  of  his  examination,  his  conclusions  and  rec- 
ommendations to  the  corporation  or  company,  and  it  shall 
forthwith  transmit  a  copy  of  the  report  to  said  board. 
Before  a  street  railway  company  builds  a  bridge,  it  shall 
first  submit  the  plans  thereof  to  said  board  for  approval. 
Upon  the  completion  of  a  new  bridge,  the  railroad  cor- 
poration or  street  railway  company  shall  forthwith  cause 
such  examination  and  report  to  be  made  and  transmitted 
to  said  board.  The  report  shall  furnish  such  information. 
In  such  detail  and  with  such  drawings  or  prints,  as  may 
be  requested  in  writing  by  said  board.  Said  board  may 
make  further  examination  of  the  bridge  structure  if 
necessary  or  expedient.  The  provisions  of  this  section 
shall  not  exempt  a  corporation  from  making  other  and 
more  frequent  examinations  of  its  bridges  and  the  ap- 
proaches thereto. 

Note — Bridges  constructed  and  used  exclusively  for 
street  railway  purposes  should  have  floor  systems  similar 
to  those  used  on  steam  railroad  bridges.  While  there 
Is    some    difference    in    practice    with    reference    to    the 


details  of  such  floors,  the  board  (under  §  58  of  Part  I 
of  chapter  463  of  the  Acts  of  1906)  recommends  the 
following  construction:  ^ 

1.  Ties  should  be  of  hard  pine  not  less  than  five 
inches  by  seven  Inches  and  not  less  than  eight  feet  long. 
The  board  suggests  a  length  of  nine  feet-  Ties  should 
be  spaced  not  over  eight  inches  in  the  clear.  The  board 
suggests  a  spacing  of  six  inches  in  the  clear.  Ties 
should  be  securely  fastened  to  the  stringers  by  spikes 
or  bolts. 

2.  Along  the  ends  of  the  ties  should  run  on  each  side 
a  wooden  guard  timber  not  less  than  six  Inches  by  six 
inches,  notched  one  inch  over  the  t^es  and  bolted  to 
every  third  or  fourth  tie.  The  oflice  of  this  guard  timber 
is  not  to  prevent  a  derailed  wheel  from  running  off  the 
bridge,  but  simply  to  keep  the  ties  in  place.  With  ties 
nine  feet  long  this  guard  timber  will  be  15  inches  tfi 
18  inches  in  the  clear  outside  of  the  track  rails. 

3.  In  order  to  prevent  a  derailed  truck  from  running 
far  from  the  track,  even  if  it  should  be  derailed  before 
reaching  the  bridge,  inside  guard  rails  should  be  pro- 
vided. These  rails  should  be  of  the  same  height  as  the 
track  rails  and  should  extend  across  the  entire  bridge 
and  for  a  distance  of  some  50  feet  beyond  the  ends, 
coming  to  a  point  in  the  center  of  the  track,  the  point 
being  protected  by  a  casting  or  frog  point.  If  there 
is  a  sharp  curve  on  the  approach,  the  guard  rails  should 
be  extended  around  the  curve.  These  rails  should  not 
be  less  than  eight  Inches  in  the  clear  inside  of  the  track 
rails  and  should  be  securely  spiked  down  to  every  tie. 
Such  inside  guard  rails  will  in  most  cases  guide  a 
derailed  truck  safely  across  the  bridge,  a  fact  which 
has  been  repeatedly  demonst,rated  in  connection  with 
steam  railroads. 


CIVIL    SERVICE    BUI.ES. 


l! 


19 
•eoi     1 

i 


Nqt  under  civil  service  law.  §  1.  The  positions  of  ex- 
perts and  railroad  and  railway  inspectors  provided  foi 
in  §  1  of  chapter  463  of  the  Acts  of  the  year  1906  shall 
be  exempt  from  classification  by  the  civil  service  com- 
mission unless  the  said  commission  with  the  approval 
of  the  governor  and  council  shall  hereafter  so  classify 
the  same  under  the  authority  given  them  by  chapter  19 
of  the  Revised  Laws  and  Acts  in  amendment  thereoi 
and   in   addition   thereto. 

§  2.    This  Act  shall  take  effect  upon  its  passage.     [ 
proved  March  25,  1907.] 

SALES    OF    ROLLING    STOCK., 

Conditional  sale  of  rolling  stock.     §  59.    A  contract  foi 
the   sale   of  railroad  or  street  railway  rolling  stock  may 
stipulate  that  the  title  to  the  property  sold  or  contracted 
to  be  sold  shall  not  vest  in  the  purchaser  until  the  pur 
chase   price   is   fully  paid,  or  that  the  vendor  shall  hav€ 
and  retain  a  lien  thereon  for  the  unpaid  purchase  money 
although    possession    thereof    may    be    delivered    immedi 
ately  or  at  any  subsequent  time,  and  a  contract  for  th< 
leasing   or   hiring   of   such   property   may   stipulate   for   f 
conditional   sale   thereof  at   the  termination  of  such  con 
tract,  and  that  the  rentals  or    amounts    to    be    receivec 
thereunder,  may,  as  paid,  be  applied  and  treated  as  pur 
chase  money,  and  that  the  title  to  the  property  shall  no- 
vest  in  the  lessee  or  bailee  until  the  purchase  price  shal 
have   been   paid   in  full   and   until  the  terms  of  the  con 
tract    shall    have    been    fully    performed,    notwlthstandin! 
delivery  to  and   possession  by  such  lessee  or  bailee.     Ni 
such   contract   shall   be   valid   as   against  any   subsequen 
attaching  creditor  or  any  subsequent  bona  fide  purchase- 
for  value  and  without  notice  unless  it  is  in  writing  exe 
cuted   by  the  parties   and   acknowledged  by  the  vendee, 
lessee   or  bailee   before   a   magistrate   authorized   to  taki; 
acknowledgments  of  deeds,   and  In  the  same  manner  ai 
deeds    are    acknowledged,    and    recorded   in   the   oflJce   o' 
the  secretary  of  the  commonwealth;  nor  unless  each  loco- 
motive, engine  or  car  so  sold,   leased   or  hired,  or  con- 
tracted  to   be   sold,    leased   or  hired   as  aforesaid,   shall 
have   the   name   of   the   vendor,   lessor  or  bailor   plainl/ 
marked    on    each    side    thereof,    followed    by    the    word 
"owner,"  "lessor,"  or  "bailor,"  as  the  case  may  be.     Ths 
provisions  of  chapter  198  of  the  Revised  Laws  shall  not 
apply   to   such   contract. 

Record  of  contract,  and  fees.  §  60.  A  contract  author- 
ized by  the  preceding  section  shall  be  recorded  by  the 
secretary  of  the  commonwealth  in  a  book  to  be  kept  for 


Public  Service  Laws 


679 


at  purpose,  and  upon  payment  in  full  of  the  puchasa 
jney  and  the  performance  of  the  terms  and  conditions 
pulated  in  such  contract,  a  declaration  in  writing 
ereof  may  be  made  by  the  vendor,  lessor  or  bailor,  or 
5  assignee  on  the  margin  of  the  record  of  the  contract, 
tested,  or  it  may  be  made  by  a  separate  instrument, 
knowledged  by  the  vendor,  lessor  or  bailor,  or  his 
signee,  and  recorded  as  aforesaid.  A  fee  of  $5  shall 
paid  to  the  secretary  of  the  commonwelath  for  re-' 
rding  such  contract  or  declaration,  and  a  fee  of  $1  for 
ting  such  declaration  on  the  margin  of  the  record. 

Attachment  of  rolling  stock.  §  61.  Railroad  cars  and 
glnes,  and  street  railway  cars,  in  use  and  making  regu- 
•  passages  on  railroads  or  railways,  shall  not  be 
ached  upon  mesne  process,  unless  the  officer  who 
ikes  an  attachment  of  such  property  has  first  demanded 
the  owners  or  managers  thereof  other  property  upon 
ilch  to  make  such  attachment  equal  in  value  to  the 
damnum  in  the  writ,  and  such  owners  or  managers 
ve  refused  or  neglected  to  comply  with  said  demand, 
ch  attachment  shall  be  void,  unless  the  officer  certifies 
his  return  that  he  has  made  such  demand,  and  that 
!  owners  or  managers  have  refused  or  neglected  to 
nply  therewith. 

REVISED  LAWS,  CHAPTER  24,  §§  H,  14. 
When  inquest  shall  6e  held.  §  11.  .  .  .  An  inquest 
ill  be  held  in  all  cases  of  death  by  accident  upon  a 
Iroad,  and  the  court  or  justice  holding  such  Inquest 
an  inquest  in  case  of  death  by  accident  upon  a  street 
Iway  shall  give  seasonable  notice  of  the  time  and 
ce  thereof  to  the  board  of  railroad  commissioners, 
e  attorney-general   or  the   district-attorney  may  direct 

inquest  to  be  held  in  the  case  of  death  by  any 
ualty. 

Report  of  evidence  at  certain  inquests.  §  14.  It  a  mag- 
•ate  has  reason  to  believe  that  an  inquest  to  be  held 
him  relates  to  the  death  by  accident  of  a  passenger 
employe  upon  a  railroad  or  of  a  traveler  upon  a  public 
private  way  at  a  railroad  crossing,  or  to  a  death  by 
Ident  connected  with  the  operation  of  a  street  rail- 
Y,  he  shall  cause  a  verbatim  report  of  the  evidence 
be  made  and  sworn  to  by  the  person  making  it,  and 

report  and  the  bill  for  services,  after  examination 
I  approval  in  writing  by  such  magistrate,  shall  be 
warded  forthwith  to  the  board  of  railroad  commis- 
lers.  Such  bill  when  approved  by  said  board  shall 
forwarded  to  the  auditor  of  accounts  and  be  paid 
the  commonwealth,  assessed  on  the  several  corpora- 
is  owning  or  operating  the  railroad  or  street  railway 
which  the  accident  occurred  and  shall  be  collected 
the  matter  provided  In  §  10  of  chapter  111.  The 
gistrate  may,  in  his  discretion,  refuse  fees  to  wit- 
ses  in  the  employ  of  the  company  upon  whose  railroad 

accident  occurred. 

Penalty  on  corporations  for  loss  of  life  through  negli- 
ce,  etc.  §  63.  If  a  corporation  which  operates  a  railroad 
a  street  railway,  by  reason  of  its  negligence  or  by 
son  of  the  unfitness  or  [gross]  negligence  of  its 
nts  or  servants  while  engaged  in  its  business,  causes 

deat^  of  a  passenger,  or  of  a  person  who  is  In  the 
rcise  of  due  care  and  who  is  not  a  passenger  or  In  the 
floy  of  such  corporation,  it  shall  be  punished  by  a 
I  of  not  less  than  |500  nor  more  than  [?5,000]  flO,- 
,  which  shall  be  recovered  by  an  indictment  prose- 
ed  within  one  year  after  the  time  of  the  injury 
:ch  caused  the  death,  and  shall  be  paid  to  the  ex- 
tor   or    administrator,    one-half   thereof    to    the   use   of 

widow    and    one-half   to   the   use    of   the    children    of 

deceased;  or,  if  there  are  no  children,  the  whole 
the  use  of  the  widow;  or,  if  there  is  no  widow,  the 
3le  to  the  next  of  kin;  but  a  corporation  which  op- 
tes  a  railroad  shall  not  be  so  liable  for  the  death  of  a 
son  while  walking  or  being  upon  its  railroad  contrary 
law   or   to    the    reasonable    rules    and    regulations    of 

corporatiom  Such  corporation  shall  also  be  liable 
damages  in  the  sum  of  not  less  than  $500  nor  more 
n  [$5,000]  $10,000,  which  shall  be  assessed  with 
jrence  to  the  degree  of  culpability  of  the  corporation 
of  its  servants  or  agents,  and  shall  be  recovered  in 
action  of  tort,  begun  within  one  year  after  the  Injury 
ch  caused  the  death,  by  the  executor  or  adminis- 
;or  of  the  deceased  for  the  use  of  the  persons  here- 


inbefore specified  in  the  case  of  an  indictment.  If  an 
employe  of  a  railroad  corporation,  being  in  the  exercise 
of  due  care,  is  killed  under  such  circumstances  as  would 
have  entitled  him  to  maintain  an  action  for  damages 
against  such  corporation  if  death  had  not  resulted,  the 
corporation  shall  be  liable  [In  the  same  manner  and  to 
the  same  extent]  in  the  sum  of  not  less  than  $500  nor 
more  than  $5,000,  in  the  same  manner  as  it  would  have 
been  if  the  deceased  had  not  been  an  employe.  But 
no  executor  or  administrator  shall,  for  the  same  cause, 
avail  himself  of  more  than  one  of  the  remedies  given 
by  the  provisions  of  this  section.  [Approved  May  8,  1907, 
bracketed  words  striken  out.] 

Notice  of  accidents.  §  62.  Every  railroad  corporation 
and  street  railway  company  shall  give  immediate  notice 
of  an  accident  on  its  railroad  or  railway,  which  results 
in  a  loss  of  life,  to  the  medical  examiner  of  the  county 
who  resides  nearest  to  the  place  of  accident,  and  shall 
also,  within  24  hours,  give  notice  to  the  board  of  railroad 
commissioners  of  any  such  accident  or  of  any  accident 
of  the  description  of  accidents  of  which  said  board  may 
require  notice  to  be  given.  For  each  omission  to  give 
such  notice,  the  corporation  or  company  shall  forfeit 
not  more  than  $100. 

Note — Under  the  authority  of  §  62,  Part  I,  chapter  463, 
Acts  of  1906,  the  board  requires  that  reports  be  made: 
1.  Of  all  accidents  resulting  In  serious  personal  injury, 
as  well  as  in  loss  of  life,  whether  of  passengers,  em- 
ployes or  others.  2.  Of  all  accidents  which  do  ^ot  result 
in  personal  injury,  but  which  cause  serious  detention  of 
passenger  trains  or  electric  cars.  When  an  accident 
occurs  at  a  station.  It  should  be  so  reported  and  the 
name  of  the  station  given;  when  It  occurs  elsewhere 
the  place  should  be  described  witkh  reasonable  accuracy. 
The  word  "station"  will  be  deemed  to  mean  that  part 
of  the  railroad  premises  within  which  trains  are  cus- 
tomarily stopped  for  the  purpose  of  receiving  or  dis- 
charging passengers.  The  word  "road"  will  be  deemed 
to  mean  all  parts  of  premises  the  use  of  which  Is  ordi- 
narily necessary  to  the  operation  of  the  railroad  or 
railway.  The  accidents  to  be  reported  are  those  which 
are  incident  to  the  movement  of  any  engine  or  car. 
Each  report  should  include  a  brief  statement  of  the 
chai'acter  of  the  accident  and  the  nature  of  the  injury. 

FROM  THE  "EMPLOYERS'  LIABILITY"  LAW. 
REVISED  LAWS,  CHAPTER  106,  §§71-79. 

LiaMlity  of  employer  to  employe.  §  71.  If  personal 
injury  is  caused  to  an  employe,  who,  at  the  time  of  the 
injury.  Is  in  the  exercise  of  due  care,  by  reason  of: 

Defects.  First.  A  defect  In  the  conditions  of  the  ways, 
works  or  machinery  connected  with  or  used  in  the  busi- 
ness of  the  employer,  which  arose  from,  or  had  not  been 
discovered  or  remedied  in  consequence  of,  the  negligence 
of  the  employer  or  of  a  person  in  his  service  who  had 
been  intrusted  by  him  with  the  duty  of  seeing  that  the 
ways,  works  or  machinery  were  in  proper  condition;   or. 

Negligence  of  superintendent.  Second.  The  negligence 
of  a  person  in  the  service  of  the  employer  who  was  in- 
trusted with  and  was  exercising  superintendence  and 
whose  sole  or  principal  duty  was  that  of  superintendence, 
or.  In  the  absence  of  such  superintendent,  of  a  person 
acting  as  superintendent  with  the  authority  or  consent 
of   such   employer;    or. 

Negligence  of  signalman,  etc.  Third.  The  negligence  of 
a  person  in  the  service  of  the  employer  who  was  In  charge 
or  control  of  a  signal,  switch,  locomotive  engine,  elevated 
train  or  train  upon  a  railroad  or  elevator  railway;  the  em- 
ploye or  his  legal  representatives  shall,  subject  to  the  pro- 
visions of  the  eight  following  sections,  have  the  same 
rights  to  compensation  and  of  action  against  the  em- 
ployer as  if  he  had  not  been  an  employe,  nor  in  the 
service,  nor  engaged   in  the  work,  of  the  employer. 

"Ways,  works  and  machinery"  defined.  A  car  which  is 
In  use  by,  or  which  Is  in  possession  of,  a  railroad  corpo- 
ration, or  an  elevated  car  which  is  in  use  by  or  which  is  in 
possession  of  an  elevated  railway  corporation,  shall  be  con- 
sidered as  a  part  of  the  ways,  works  or  machinery  of  the 
corporation  which  uses  or  has  it  In  possession,  within  the 
meaning  of  clause  1  of  this  section,  whether  It  Is  owned 
by  such  corporation  or  by  some  other  company  or  person. 
One  or  more  cars  which  are  in  motion,  whether  attached 


680 


National  Association  of  Railway  Commissioners 


I 


to  an  engine  or  not,  shall  constitute  a  train  within  the 
meaning  of  clause  3  of  this  section,  and  whoever,  as  a  part 
of  his  duty  for  the  time  being,  physically  controls  or  directs 
the  movements  of  a  signal,  switch,  locomotive  engine,  ele- 
vated train  or  train  shall  he  deemed  to  be  a  person  in 
charge  or  control  of  a  signal,  switch,  locomotive  engine, 
elevated  train  or  train  within  the  meaning  of  said  clause. 
[As  amended  by  Act  approved  April  21,  1908,  the  amend- 
ment being  by  the  insertion  of  the  words  in  Italics.] 

CHAPTER  487. 

An  Act  relative  to  the  joint  use  of  tracks  by  street  railway 

companies. 
Be  it  enacted,  etc.,  as  follows: 

§  1.  The  board  of  railroad  commissioners  shall  have 
authority,  upon  the  petition  of  a  street  railway  company 
or  of  any  interested  party,  after  notice  and  a  public 
hearing,  to  determine  the  reasonable  conditions  which 
shall  govern  the  interchange  of  trafflc  and  cars  between 
street  railway  companies,  and  may,  wherever  it  is  rea- 
sonable and  consistent  with  the  public  interest,  order  a 
street  railway  company  to  receive  and  convey  over  its 
tracks  the  cars  of  another  such  company  at  such  times 
and  over  such  routes  and  upon  such  terms,  including 
reasonable  compensation,  as  the  board  may  prescribe; 
provided,  however,  that  a  street  railway  company  shall 
have  control  of  and  responsibility  for  the  management 
and  operation  of  all  cars  while  upon  its  railway  as  fully 
as  if  it  owned  them.  Said  board  may  also  recommend 
such  joint  rates,  fares  and  charges  as  are  consistent 
with  the  provisions  of  any  special  charter  of  any  street 
railway  company,  specifying  at  the  same  time  and  in 
every  instance  the  part  of  the  joint  rate,  fare  or  charge 
to  which  each  street  railway  company  affected  thereby 
shall  be  entitled,  and  may  make  such  other  recommenda- 
tions as  seem  appropriate  to  the  circumstances  of  each 
particular  case.  The  supreme  judicial  court  or  the  Su- 
perior Court  shall  have  jurisdiction  in  equity  to  enforce 
any  orders  made  by  said  board  under  the  provisions  of 
this   Act. 

S  2.  This  Act  shall  take  effect  upon  its  passage.  [Ap- 
proved May  27,  1911.] 

Grade  crossings  regulated.  §  21.  A  street  railway  shall 
not  be  constructed  across  the  tracks  of  a  railroad  nor  shall 
a  railroad  be  constructed  across  the  tracks  of  a  street 
railway  at  the  same  level  therewith  without  the  consent  of 
the  board  of  railroad  commissioners. 

Supervision  by  board  of  crossings.  §  22.  In  any  case 
in  which  the  consent  or  approval  of  the  board  of  railroad 
commissioners  which  may  be  required  by  law  for  any  cross- 
ing at  grade  is  given,  said  board  may,  after  notice  to  the 
parties  interested  and  a  hearing,  impose  conditions,  limita- 
tions, restrictions  and  regulations  relative  to  such  cross- 
ing, its  construction  and  use,  and  may  from  time  to  time 
change  and  modify  them. 

Alteration  of  crossings.  §  23.  If  a  public  way  and  a 
railroad  cross  each  other,  and  the  board  of  aldermen  of  the 
city  or  the  selectmen  of  the  town  in  which  the  crossing  is 
situated,  or  the  directors  of  the  railroad  corporation,  or  the 
directors  of  a  street  railway  company  having  tracks  on  the 
said  way  are  of  opinion  that  it  is  necessary  for  the  security 
or  convenience  of  the  public  that  an  alteration  which  does 
not  involve  the  abolition  of  a  crossing  at  grade  should  be 
made  in  the  crossing,  the  approaches  thereto,  the  location  of 
the  railroad  or  way,  or  in  a  bridge  at  the  crossing,  they  shall 
apply  to  the  county  commissioners,  or,  if  the  crossing  is 
situated  in  the  city  of  Boston,  to  the  board  of  railroad  com- 
missioners, who  shall,  after  public  notice,  hear  all  parties 
interested,  and,  if  they  decide  that  such  alteration  is  neces- 
sary, shall  prescribe  the  manner  and  limits  withfn  which  it 
shall  be  made,  and  shall  forthwith  certify  their  decision  to 
the  parties  and  to  said  board.  This  proceeding  may  include 
any  case  where  there  is  need  of  the  rebuilding  of  a  highway 
bridge  or  any  structural  change  or  renewal  for  the  purpose 
of  strengthening  or  improving  it.  In  case  any  street  rail- 
way company  is  authorized  to  lay  and  use  tracks  upon  the 
said  way,  the  said  company  shall  bear  such  part  of  the 
expense  of  building,  rebuilding,  changing,  renewing,  repair- 
ing or  improving  a  bridge  forming  a  part  of  said  way,  or 
of  altering  or  improving  the  approaches  thereto,  as  shall 
be  deemed  to  be  just  by  the  commission  provided  for  in 
SS  25  and  26.  [As  amended  by  Act  approved  May  26,  1908, 
the  words  in  italics  having  been  inserted.] 


Land  taken — Damages  assessed.  |  24.  It  It  is  decid 
that  the  location  of  the  railroad  or  of  the  way  shall 
changed,  land  or  other  property  may  be  taken  therefor 
cording  to  the  provisions  of  law  authorizing  the  taking 
land  by  railroad  corporations  or  for  highways  or  to' 
ways,  as  the  case  may  be;  and  all  damages  caused  by  su 
taking  or  otherwise  shall  be  assessed  in  the  manner  p 
vided  in  case  of  the  taking  of  land  by  railroad  corporatio 
or  for  highways  and  town  ways,  respectively.  [See  part 
§1   82-95.     See,  also,  R.  L.  48.] 

Award  to  be  made  by  a  special  commission.  |  25. 
special  commission  of  three  disinterested  persons,  ■« 
shall  be  appointed  as  provided  in  the  following  section,  sh 
determine  which  party  shall  carry  such  decision  into  eff 
and  which  party  shall  pay  the  charges  and  expenses 
making  such  alteration  and  the  future  charges  for  ke 
ing  such  bridge  or  crossing  and  the  approaches  thereto 
repair,  as  well  as  the  costs  of  the  application  to  the  com 
commissioners,  or  the  board  of  railroad  commissioners,  e 
of  the  hearing  before  said  special  commission;  and  it  n 
apportion  all  such  charges,  expenses  and  costs  between  ■ 
railroad  corporation,  the  street  railway  company  hav: 
tracks  on  said  way,  and  the  counties,  cities  or  tovns 
which  said  crossing  is  situated  and  other  cities  and  ton 
which  may  be  specially  benefited.  If  a  street  railway  c< 
pany  is  authorized  to  lay  and  use  tracks  upon  any  orli 
in  a  highway  which  is  built  or  repaired  or  altered  as  ab 
provided  for,  or  the  approaches  to  which  are  altered 
improved  as  above  provided  for,  the  said  commissior  si 
determine  what  part  of  the  charges  and  expenses  ol  m 
ing  such  changes  or  improvements,  or  of  keeping  si 
bridge  or  crossing  and  approaches  in  good  condition  si 
be  paid  by  the  said  street  railway  company.  [As  an  em 
by  Act  approved  May  26,   1908.] 

Special  commission — Appointment  of.  §26.  U*p(n 
application  of  the  county  commissioners,  the  boj  rd 
railroad  commissioners,  the  board  of  aldermen,  the  sel 
men  or  the  directors  of  the  railroad  corporation  or  5f 
street  railway  company  for  the  appointment  of  sucl  o 
mission,  the  Superior  Court  shall  cause  notice  thereo  t« 
given  to  the  other  parties  interested  14  days  at  le:  st 
fore  the  time  fixed  for  the  hearing;  and  thereupon  a( 
a  hearing,  shall  appoint  such  commission,  one  mem  )ei 
which  shall  be  a  member  of  and  designated  by  the  bo 
of  railroad  commissioners.  The  special  commissior  si 
meet  as  soon  as  may  be  after  its  appointment,  and  a( 
notice  to  and  a  hearing  of  the  parties,  shall  ma  te 
award  in  writing  and  return  the  same  into  said  cour  . 

Revision  by  jury.  §  27.  A  party  who  is  aggrie  ed 
said  award  may,  within  14  days  after  it  has  been  so 
turned,  apply  to  the  court  for  a  jury  to  revise  and  det'  rm 
any  matter  of  fact  found  therein;  and  thereupon  the  co' 
after  notice  to  all  parties  interested,  shall  order  a  t  ial 
jury  in  the  same  manner  as  civil  cases  are  tried  b;  i\ 
The  decree  of  the  court  upon  said  award  or  upon  t'  .e  ^ 
diet  of  a  jury  shall  be  final  and  binding,  and  said  co 
shall  have  jurisdiction  in  equity  to  enforce  com  >lla 
therewith,  and  also  to  issue  and  enforce  such  interlc  cut 
decrees  and  orders  as  justice  may  require. 

Recovery  after  alteration  of  proportion  of  e.  pei 
i  28.  The  party  designated  for  that  duty,  having  an 
into  effect  the  decision  of  the  county  commissioner! .  n 
in  an  action  of  contract,  recover  of  any  other  pai  ty 
proportion  awarded  to  be  paid  by  such  other  part;  ,  ■» 
interest;  and  if  the  party  so  designated  unreasons 
neglects  or  refuses  to  carry  the  decision  into  effC'  t,  i 
other  party  who  is  affected  by  such  neglect  or  refus  il  I 
proceed  to  do  it,  and  may,  in  an  action  of  contract, 
cover  from  each  or  all  of  the  others  the  pro  )ort 
awarded  to  be  paid  by  him  or  them,  respectively,  and  fi 
the  party  so  neglecting  or  refusing,  all  charges,  e::pei 
and  costs  occasioned  thereby. 


REVISED  LAWS,  CHAPTER  50,  §  14. 


<i 


Chapter  applicable  to  railroad  crossings.    §  14.    The] 
visions  of  this  chapter  shall  apply  to  any  alteration  o 
highway,   townway,  bridge  or  its   approaches,   wh  ch 
made  in  pursuance  of  U  134  to  139,  inclusive,  of  :hai 
111.     [Now  1906,  463,  part  I,  |§  23-28.] 

Commission  to  abolish  grade  crossings.  §  29.  The  bo 
of  aldermen  of  a  city  or  the  selectmen  of  a  town  in  wl) 
a  public  or  private  way  and  a  railroad  cross  each  othei 
grade,  the  directors  of  the  railroad  corporation,  or  the 


ruBLic  Service  Laws 


681 


rectors  of  a  street  railway  company  having  a  location  in 
the  part  of  such  public  way  where  the  crossing  exists,  or, 
upon  instructions  from  the  governor  and  council  given  after 
notice  to  parties  interested  and  a  hearing,  the  attorney- 
general,  may  file  a  petition  in  the  Superior  Court,  stating 
that  the  petitioners  are  of  opinion  that  it  is  necessary  for 
the  security  and  convenience  of  the  public  that  an  altera- 
tion should  be  so  made  in  such  crossing,  in  the  approaches 
thereto,  in  the  location  of  the  railroad  or  public  or  private 
way,  or  in  the  grades  thereof,  as  to  avoid  a  crossing  at 
grade,  or  that  such  crossing  should  be  discontinued  with 
or  without  building  a  new  way  in  substitution  therefor. 
Said  court  shall  thereupon  have  jurisdiction  in  equity,  after 
notice  by  the  petitioners  to  the  board  of  railroad  commis- 
sioners of  the  entry  of  such  petition,  and  after  such  notice 
by  advertisement  or  otherwise  as  said  court  shall  order 
and  a  hearing.  In  its  discretion,  to  appoint  a  commission  of 
three  disinterested  persons.  Such  commission  appointed 
after  the  passage  of  this  Act,  shall,  if  the  parties  so  agree, 
consist  of  the  members  of  the  board  of  railroad  commis- 
sioners, and  they  shall  serve  without  compensation  other 
than  their  official  salaries;  and  no  consent  shall  be  required 
of  them  as  the  board  of  railroad  commissioners  to  their 
decisions  as  such  commission  under  the  provisions  of 
i  36.  Upon  all  petitions  hereafter  filed  and  upon  all  now 
pending  on  which  no  commission  has  been  appointed,  for 
the  abolition,  discontinuance  or  alteration  of  grade  cross- 
ings, any  street  railway  company  having  a  location  in  the 
part  of  the  public  way  where  the  crossing  exists,  shall  be 
made  a  party  and  entitled  to  be  heard  as  such. 

Court  costs.  §  30.  A  party  bringing  a  petition  under 
the  provisions  of  the  preceding  section  shall  be  entitled  to 
have  taxed  as  costs  as  In  other  civil  cases  the  fees  for 
service  and  cost  of  publication  of  such  petition,  the  fees 
for  entry  of  the  same  in  the  Superior  Court,  together  with 
all  costs  of  hearing  before  the  Superior  or  supreme  judicial 
court,  or  before  any  auditor  or  master  appointed  by  said 
courts. 

Cost  of  plans  for  commission.  §  31.  A  party  incurring 
the  expense  of  making  plans  required  by  a  commission 
appointed  under  §  29,  or  for  use  in  the  superior  or  supreme 
judicial  court  concerning  any  grade  crossing,  the  abolition, 
discontinuance  or  alteration  of  which  Is  petitioned  for,  may 
In  the  discretion  of  the  court  have  the  cost  of  such  plans 
allowed. 

Railroad  advances  fees  and  expenses.  §  32.  The  fees 
and  expenses  of  the  commission  appointed  under  the  pro- 
visions of  §  29,  after  having  been  approved  by  a  justice 
of  the  Superior  Court,  shall  be  paid,  in  the  first  instance,  by 
the  railroad  corporation,  but  the  fees  and  expenses  so  paid, 
including  the  costs  and  expenses  specified  in  the  two  pre- 
ceding sections,  shall  thereafter  be  apportioned  to  and 
paid  by  the  respective  parties  as  provided  by  §  34. 

Petition  may  embrace  several  crossings,  etc.  §  33.  A 
petition  under  the  provisions  of  §  29  may  include  several 
crossings,  or  several  railroads  crossing  at  or  near  the 
same  point,  or  by  order  of  the  court  two  or  more  petitions 
may  be  consolidated  and  heard  as  one.  Service  of  such 
petition  and  of  all  notices  or  processes  thereunder  may  be 
made  upon  the  commonwealth  by  serving  upon  the  attorney- 
general  personally,  or  by  leaving  in  his  office  an  attested 
copy  thereof. 

Commission  to  prescribe  the  alterations.  §  34.  The  com- 
mission appointed  under  the  provisions  of  §  29  shall  meet 
at  once,  and  If,  after  notice  and  a  hearing,  It  decides 
that  the  security  and  convenience  of  the  public  require  the 
alterations  to  be  made,  it  shall  prescribe  the  manner  and 
limits  thereof,  and  shall  determine  which  of  the  parties 
shall  do  the  work,  or  shall  apportion  the  work  to  be  done 
between  each  of  the  railroad  corporations  and  the  city  or 
town.  The  railroad  corporations  shall  pay  65  per  cent  of 
the  total  actual  cost  of  the  alterations  as  aforesaid,  in- 
cluding therein  in  addition  to  the  cost  of  construction  the 
actual  cost  to  the  street  railway  company  of  changing  its 
railway  and  location  to  conform  to  the  decree  of  the  court, 
the  cost  of  the  hearing,  the  compensation  of  the  commis- 
sioners and  auditors  and  all  damages,  except  as  otherwise 
provided.  Said  commission  may,  subject  to  a  right  of  ap- 
peal to  the  Superior  Court  by  the  street  railway  company 
or  by  the  commonwealth  for  a  revision  by  a  jury  of  the 
amount  of  such  assessment,  if  a  claim  therefor  is  filed  In 
the  clerk's  office  of  said  court  within  30  days  after  the 
making  of  such  assessment,  assess  upon  any  street  railway 


company  made  a  party  to  the  proceedings  such  percentage 
of  said  total  cost,  not  exceeding  15  per  cent  thereof,  as  may, 
in  the  judgment  of  said  commission,  be  just  and  equitable; 
and  such  assessment,  as  confirmed  by  the  court,  shall  be 
In  lieu  of  any  assessment  or  contribution  required  by  any 
special  Act  or  grant  of  location.  The  remainder  of  said 
total  cost  shall  be  apportioned  by  the  commission  between 
the  commonwealth  and  the  city  or  town  in  which  the  cross- 
ing or  crossings  are  situated,  but  not  more  than  10  per 
cent  of  said  total  cost  shall  be  apportioned  to  such  city 
or  town.  The  commission  shall  equitably  apportion  the 
65  per  cent  to  be  paid  by  the  railroad  corporation  between 
the  several  railroads  which  may  be  parties  to  the  proceed- 
ings. If  the  crossing  was  established  after  the  21st  day  of 
June  In  the  year  1890,  no  part  of  said  cost  shall  be 
charged  to  the  commonwealth;  and  such  part  thereof  as  be- 
comes thereby  unapportionable  shall  be  borne  by  the  rail- 
road corporation,  the  street  railway  company,  if  any,  and 
the  city  or  town,  in  addition  to  the  other  amounts  payable 
by  them,  in  such  proportions  as  the  commission  shall  de- 
termine. If  the  crossing  is  of  a  railroad  and  a  private 
way,  and  no  crossing  of  a  public  way  is  abolished  in  con- 
nection therewith,  the  entire  cost  as  aforesaid  shall  be  paid 
by  the  railroad  corporation.  Whenever  In  any  case  in 
which  a  street  railway  company  has  been  required  to  con- 
tribute to  the  expense  of  abolishing  a  grade  crossing,  any 
of  its  locations  shall  be  so  changed  or  revoked  by  any 
board  of  aldermen  or  selectmen  without  its  consent  as  to 
render  impossible,  or  in  the  opinion  of  the  board  of  rail- 
road commissioners  unprofitable,  the  further  exercise  of 
the  privilege  of  operating  its  railway  in  the  part  of  the 
public  way  where  such  grade  crossing  has  been  abolished, 
the  amount  contributed  by  such  company  to  the  expense  of 
abolishing  such  grade  crossing  shall  be  ascertained  by  the 
board  of  railroad  commissioners,  and  certified  to  the  treas- 
urer of  the  commonwealth,  who  shall  pay  the  same  to  the 
company  from  the  treasury  of  the  commonwealth;  and  any 
amount  so  received  by  the  company  shall  be  expended  only 
for  such  construction  or  equipment  purposes  as  the  board 
of  railroad  commissioners  shall  approve. 

Assessment  etc.,  upon,  street  railway  company  to  be 
deemed  part  of  the  value  of  its  property,  e*".  §  35.  The 
amount  of  any  assessment  upon  or  contribution  by  a 
street  railway  company  toward  the  cost  of  abolishing 
a  grade  crossing  shall  be  deemed  and  taken  in  all 
proceedings  thereafter  as  a  part  of  the  value  of  Its 
property  for  street  railway  purposes;  and  such  com- 
pany may  issue  stock  or  bonds  to  such  amount  as  the 
board  of  railroad  commissioners  shall,  subject  to  the 
laws  relating  to  the  Issue  of  stocks  and  bonds  by  street 
railway  companies,  approve  as  reasonably  necessary 
to  provide  for  the  payment  of  such  assessment  or  con- 
tribution. 

Finding  of  commission  —  Contents  ■ —  Effect.  §  36.  The 
commission  shall  specify  what  part,  if  any,  of  an  exist- 
ing public  or  private  way  shall  be  discontinued,  the 
grade  for  the  railroad  and  the  way,  the  changes  to  be  made 
in  the  location  and  grades  of  the  street  railway  in  such 
public  way,  the  general  method  of  construction  and  what 
land  or  other  property  it  considers  necessary  to  be 
taken,  and  may  provide  Jor  the  taking  of  an  easement  In 
land  adjoining  the  location  of  a  public  or  private  way 
or  of  a  railroad,  consisting  of  a  right  to  have  the  land 
of  the  location  protected  by  having  the  surface  of 
such  adjoining  land  slope  from  the  boundary  of  the 
location  in  a  manner  specified  by  the  commission,  but 
if  such  decision  involves  a  change  in  the  grade  of  the 
railroad  the  consent  of  the  board  of  railroad  commis- 
sioners to  such  change  shall  first  be  obtained.  Said 
commission  shall  forthwith  return  its  decision  to  the 
Superior  Court,  the  decree  of  which,  confirming  such 
decision,  shall  be  final  and  binding.  If  the  commission 
decides  that  the  location  of  the  street  railway  shall  be 
changed,  the  decree  of  the  court  confirming  such  de- 
cision shall  establish  the  location  as  thus  changed. 
If  the  commission  decides  that  the  location  of  the 
railroad  or  of  the  public  or  private  way  shall  be  changed, 
the  decree  of  the  court  confirming  such  decision  shall 
constitute  a  taking  of  the  specified  land,  easement  or 
other  property;  and  the  clerk  of  said  court  shall,  within 
30  days  after  such  decree,  cause  a  copy  of  the  decision 
and  decree  to  be  filed  with  the  county  commissioners 
of  the  county  or  counties  in  which  the  land  or  other 
property    taken    or    the    land    subject    to    the    easement 


682 


National  Association  of  Eailway  Commissioners 


taken  and  the  crossing  are  situated,  to  be  recorded  in 
the  registry  of  deeds  for  the  counties  and  districts  in 
which  such  lands,  property  and  crossings  are  sltuatod, 
and  to  he  flfeB  with  the  auditor  of  the  commonwealth. 
Said  taking  shall  be  a  taking  by  the  city  or  town  if 
the  land  or  easement  Is  to  be  used  for  or  in  connection 
with  a  public  way,  or  by  the  railroad  corporation  if 
the  land  or  easement  is  to  be  used  for  or  in  connection 
with  a  private  way  or  by  the  railroad  corporation.  An 
easement  taken  under  the  provisions  of  this  section 
may  be  abandoned  or  released  by  the  city,  town  or  rail- 
road  corporation   for   which  the  same   was   taken. 

Damages.  §  37.  All  damages  which  may  be  sustained 
by  any  person  in  his  property  by  the  taking  of  land  for 
or  by  the  alterations  of  the  grade  of  a  public  way,  or  by 
an  abutter  thereon  by  the  discontinuance  of  such  public 
way,  to  the  same  extent  as  damages  are  recoverable  by 
abutters  on  ways  discontinued  by  towns,  or  by  the  taking 
of  an  easement  in  land  adjoining  a  public  way,  shall 
primarily  be  paid  by  the  city  or  town;  and  all  dam- 
ages which  may  be  caused  by  the  taking  of  land  for 
the  railroad  or  by  the  change  or  discontinuance  of  a 
private  way,  or  by  the  taking  of  an  easement  In  land  ad- 
joining a  private  way  or  a  railroad  location  In  con- 
nection with  the  abolition  of  a  grade  crossing,  shall 
primarily  be  paid  by  the  railroad  corporation;  and  all 
damages  which  may  be  sustained  by  any  person  by  the 
abolition  of  private  ways,  except  as  hereinbefore  pro- 
vided, shall  be  entirely  paid  by  the  railroad  corpora- 
tion. Any  amount  paid  by  way  of  damages  by  either 
the  city  or  town  or  the  railroad  corporation  primarily 
liable  therefor  shall  be  subject  to  investigation  by  the 
auditor,  unless  such  settlements  are  assented  to  In 
writing  by  all  parties  to  the  proceeding,  as  provided  In 
§  39.  If  the  parties  interested  cannot  agree  upon  said 
damages,  any  party  may  have  the  damages  determined 
by  a  jury  In  the  Superior  Court  for  the  county  in  which 
the  property  and  crossing  are  situated,  on  petition, 
brought  within  one  year  after  the  time  the  property 
Is  entered  upon  and  work  actually  begun  thereon,  in  the 
same  manner  as  damages  may  be  determined  which  are 
caused  by  the  taking  of  land  for  the  locating  of  railroads 
and  the  laying  out  or  discontinuance  of  public  ways, 
respectively,  in  such  city  or  town;  and  it  shall  be  the  duty 
of  the  railroad  company  where  there  has  been  a  taking  for 
railroad  purposes,  and  of  the  city  or  town  or  county  com- 
missioners where  there  has  been  a  taking  for  the  location 
or  alteration  of  a  public  way  or  a  taking  of  an  easement 
in  land  adjoining  a  public  way,  before  any  entry  is  made 
or  any  work  Is  actually  begun  upon  such  property,  to  give 
to  the  owner  thereof  notice  in  writing  specifying  the  date 
upon  which  such  entry  is  to  be  made  and  work  is  to  actually 
be  begun  thereon,  and  for  the  purpose  of  determining  the 
time  within  which  a  petition  for  damages  may  be  brought 
the  date  so  specified  shall  be  deemed  to  be  the  time  when 
the  property  is  entered  upon  and  work  is  actually  begun 
thereon.  But  all  expense  which  results  from  the  neces- 
sary relocating  or  changing  of  streams  and  watercourses 
forming  the  natural  drainage  channels  of  the  territory 
in  which  alterations  of  grad^  are  authorized  and  of 
sewers,  drains  nd  pipes  therein  owned  and  operated  by 
municipal  corporations  shall  be  primarily  paid  by  said  city 
or  town,  and  shall  be  a  part  of  the  actual  cost  of  the  altera- 
tions specified  in  §  34.  A  party  who  recovers  damages  in 
such  proceedings  shall  also  recover  costs  as  in  other  civil 
cases,  and  the  court  may  in  its  discretion  allow,  as  a  part 
of  such  costs,  the  reasonable  expenses  incurred  for  surveys 
and  plans.  [As  amended  by  Acts  approved  April  11,  1908, 
and  May  27,  1911,  respectively.] 

5  2.  In  any  case  arising  under  the  provisions  of  §  37  of 
part  I  of  said  chapter  463,  as  amended  by  §  1  of  chapter 
390  of  the  Acts  of  the  year  1908,  where  any  person 
who  sustains  damage  to  his  property  in  the  manner 
therein  specified  fails  to  bring  a  petition  within  one 
year  after  the  time  when  the  property  is  entered  upon 
and  work  is  actually  begun  thereon,  the  attorney-general 
may  In  his  discretion,  join  with  the  other  parties  In- 
terested in  a  settlement  of  the  claim  of  such  person; 
and  the  proportion  of  the  amount  agreed  upon  in  set- 
tlement thereof  which  would  be  chargeable  to  the  com- 
monwealth under  the  provisions  of  §  34  of  part  I  of  said 
chapter  shall  be  paid  by  the  commonwealth  as  if  It 
were  a  part  of  the  actual  cost  of  the  work  required  to 


be  done  under  the  provisions  of  said  §  34.     [Act  of  May  : 
1911.1 

§  3.    No  petition  now  pending  In  the  Superior  Court 
which   may  be  filed   prior  to  the  first  day  of  January 
the    year    1912   for   the   assessment   of   damages   to   pre 
erty     sustained     by     any     person    under    the     provlsio 
of  §  36  of  part  I  of  chapter  463  of  the  Acts  of  the  ye 
1906,    or   under    any    other    provision   of   law   authorizh 
the    taking   of   land    in    connection    with    the   abolition 
grade   crossings,   shall   be  dismissed   in   said  court  sole 
on  the  ground  that  said  petition  was  not  brought  with 
one    year    after    the    time    property    was    entered    upi 
or   work    was    actually   begun   under   the   decree   for  tl; 
abolition  of  such  crossings.     [Act  of  May  27,  1911.] 

Maintenance  of  crossing  and  approaches.  §  38.  Aft 
the  completion  of  the  work,  the  expense  of  maint€nan> 
and  repair  shall  be  paid  as  follows:  If  the  public  Wi 
crosses  the  railroad  by  an  overhead  bridge,  the  fran 
work  of  the  bridge  and  its  abutments  shall  be  mai 
tained  and  kept  in  repair  by  the  railroad  corporatlo 
and  the  surface  of  the  bridge  and  its  approaches  ehi 
be  maintained  and  kept  in  repair  by  the  city  or  tow 
in  which  they  are  situated;  if  the  public  w 
passes  under  the  railroad,  the  bridge  and  its  abut  men 
shall  be  maintained  and  kept  in  repair  by  the  rs  ilroi 
corporation,  and  the  public  way  and  its  approaches  eh; 
be  maintained  and  kept  in  repair  by  the  city  or  tov 
in  which  they  are  situated;  if  several  railroads  cro 
a  public  way  at  or  near  a  given  point,  the  comn  issli 
shall  apportion  and  award  In  what  manner  an( 
portion  each  of  said  railroad  corporations  shall 
tain  and  keep  in  repair  the  framework  of  the  : ._, 
and  its  abutments  if  the  public  way  crosses  the  ra  Iro! 
by  an  overhead  bridge,  and  the  bridge  and  Its  abut  iien 
If  the  public  way  passes  under  said  railroads. 

Auditor — Duties — Compensation.     §  39.    The  cour    sh; 
appoint  an  auditor,   who  shall  he  a  disinterested   r 
not    an    inhabitant    of    the    city   or    town    in    whic 
crossing    is    situated,    whose    compensation    shall    let 
termaned    by   the   court  and   to   "whom   shall    fi-om    tic 
to   time  be   submitted   all   accounts   of   expense  Ini  urp 
by    the    railroad    corporations,    street    railway    comi  ani« 
if  any,  city,  town,  commission  or  auditor,  and  who  shi 
audit  the  same  and  make  report  thereon  to  the  court.     T' 
auditor  shall  upon  request  of  any  of  the  parties  to  tt  3  pj 
ceeding  investigate  the  amounts  presented  for  allowai  ce  ' 
any  city  or  town  or  any  railroad  corporation  as  exj  mi- 
ni   the    payment   of   damages   for   land   taken   or   al  ecti 
by   reason   of   the  proposed   alteration,   which  have   be* 
paid   by  the   party   primarily  liable  therefor,   as   pn  vidii 
in   §  37,   unless   it  appears  that  all  of  the  parties  l  i  tl' 
proceeding    for    the    abolition    of    the    grade    cr      ' 
haAje    assented    in    writing    to    the    payment    or 
ment    so    made    by    the    party    primarily    liable,    a  ..< 
case    the    auditor    determines    that   the   amount   so    pa| 
is  in  excess  of  what  in  his  opinion  should  have  been  nrr 
eriy  paid  therefor,  he  shall  allow  only  such  portion 
amount  so  paid  as   he  may  deem  to  be  just  and  r 
able.     Such   auditing,   when   accepted  by  the   court,  ahi 
be    final.     A   certified    copy   of   such    report   and   tie   d' 
cree  of  the  court  thereon  shall  be  filed  with  the  a  idlt' 
of    the    commonwealth.      The    court    shall,    from    ti:;ie 
time,     issue     its    decrees     for    payments     on    the    pa 
of    the    railroad    corporation    and    on    the    part    o     ai, 
street    railway    company,    not    exceeding    the    an  ouni 
apportioned    to    them    respectively    by    said    audit  jr 
his  report,   and   for  the   payment  by  the   commoni.eal 
of  a  sum   not  exceeding  the  amounts  apportioned  to 
and   to   the   city  or   town;    and   such   city   or   town   sh£ 
repay  to   the  commonwealth  the  amount  apportioi  ed 
It,   with   interest   thereon,   payable   annually  at  th<    ra  - 
of   4   per   cent   from  the   date  of  the   acceptance  (t  tli 
report  of  the  auditor.     Such  repayment  of  the  priiiclp 
shall  be  made  annually  in  such  amounts  as  the  an'" 
of   the   commonwealth    may   designate;    and    the   a 
of   payment   designated    for   the   year,   with   the  Iric.^ 
due   on   the  outstanding   principal,   shall   be   includsd  1 
the     treasurer     and     receiver     general    in    the    amoui 
charged    to    such    city    or    town,    and    shall    be    assessc 
upon    it    in    the    apportionment    and    assessment   of    1 
annual    State    tax.      The    treasurer    and    receiver-gener 
shall    in    each    year    notify    such    city    or    town    of   tl 
amount  of   such  assessment,  which  shall  be  paid  by 


Public  Sehvioe  Laws 


683 


Into  the  treasury  of  the  commonwealth  as  a  i>art  of, 
and  at  the  time  required  for,  the  payment  o£  its  State 
tax.  When  the  final  assessment  on  a  city  or  town  has 
been  paid  by  it,  the  treasurer  and  receiver  general  shall 
repay  to  it,  in  reduction  of  said  final  payment,  the 
amount  of  interest,  if  any,  which  has  been  assessed 
to  and  paid  by  it  in  excess  of  the  actual  interest  cost 
to  the  commonwealth  for  money  borrowed  for  the  aboli- 
tion of  grade  crossings  previous  to  the  payment  of  said 
final  assessment.  [As  amended  by  Act  approved  April 
11,   1908.] 

Enforcement  of  law.  §  40.  The  Superior  Court  shall 
have  jurisdiction  in  equity  to  enforce  compliance  with 
the  provisions  of  §§  29  to  45,  inclusive,  and  with  the  de- 
crees, agreements  and  decisions  made  thereunder;  and 
may  issue  and  enforce  such  interlocutory  decrees  and 
orders  as  justice  may  require,  and  any  order,  appoint- 
ment or  decree  under  the  provisions  of  said  sections 
may   be   made   in   any   county. 

Proceedings  upon  agreement  as  to  alterations.  §  41.  If 
the  board  of  aldermen  of  a  city  or  selectmen  of  a  town 
in  which  a  public  way  and  a  railroad  cross  each  other 
and  the  directors  of  the  railroad  corporation  are  of  the 
opinion  that  it  is  necessary  for  the  security  and  con- 
venience of  the  public  that  alterations  should  be  made 
in  such  crossing,  in  the  approaches  thereto,  in  the  lo- 
cation of  the  railroad  or  public  way  or  in  the  grades 
thereof,  or  in  a  bridge  at  such  crossing,  or  that 
such  crossing  should  be  discontinued  with  or  without 
building  a  new  way  in  substitution  therefor,  and  they 
agree  as  to  the  alterations  which  should  be  made,  an 
instrument  in  writing  signed.  In  behalf  of  a  city,  by 
the  mayor,  authorized  by  the  board  of  aldermen,  or,  in 
behalf  of  a  town,  by  the  chairman  of  the  selectmen, 
authorized  by  the  selectmen,  and  by  the  president  of  the 
railroad  corporation,  authorized  by  its  directors,  specifying 
the  manner  and  limits  within  which  the  alterations  shall  be 
made,  and  by  which  party  the  work  shall  be  done,  or  how 
it  shall  be  apportioned  between  the  city  or  town  and  the 
railroad  corporation,  the  general  method  of  construction,  the 
grades  for  the  railroad  and  the  public  way  or  ways,  and  also 
what  land  or  other  property  it  is  necessary  to  take, 
and  what  portion,  if  any,  of  an  existing  public  way  is 
to  be  discontinued,  and  how  the  cost  thereof  shall  be 
apportioned  between  the  city  or  town  and  the  railroad 
corporation,  shall  be  valid  and  binding  on  the  city  or 
town  and  the  railroad  corporation,  respectively,  and  have 
the  same  force  and  effect  as  a  decree  of  the  court 
under  the  provisions  of  §  36,  if  the  board  of  railroad 
commissioners,  after  notice  to  all  parties  interested 
by  advertisement  and  a  public  hearing,  approve  of  the 
alterations  set  forth  In  the  agreement  as  necessary 
for  the  convenience  and  security  of  the  public.  Said 
approval  by  said  board  shall  constitute  a  taking  of  the 
land  and  other  property  specified  In  the  agreement 
as  necessary  to  be  taken,  and  the  clerk  of  said  board 
shall,  within  30  days  after  such  approval,  cause  a  copy 
of  the  agreement  and  approval  to  be  filed  with  jthe 
county  commissioners  of  the  county  or  counties  in 
which  the  land  or  other  property  taken  and  the  crossing 
are  situated,  to  be  recorded  in  the  registry  of  deeds 
for  the  counties  and  districts  in  which  such  land, 
property  and  crossing  are  situated,  and  also  to  be  filed 
with  the  auditor  of  the  commonwealth.  The  provisions 
of  §  36  relative  to  the  taking  of  land  under  a  decree 
of  the  court  and  of  §  37  relative  to  the  recovery  of 
damages  sustained  by  any  person  In  consequence  of 
such  taking,  or  of  the  alterations  made  In  pursuance 
of  said  decree,  shall  apply  to  the  taking  of  land  and  to 
damages  sustained  under  an  agreement  made  pursuant 
to  the  provisions  of  this  section.  The  crossing  and 
approaches  shall  be  maintained  and  kept  In  repair 
as  provided  in  §  38.  If  the  agreement  provides  for 
the  abolition  of  a  public  grade  crossing,  the  board 
of  railroad  commissioners  shall  keep  Itself  Informed 
of  the  progress  and  character  of  the  work  and  of  the 
amounts  reasonably  expended  for  work  done  or  for  dam- 
ages, so  far  as  rendered  necessary  for  the  abolition 
of  the  grade  crossing;  and  for  that  purpose  it  may 
employ  any  necessary  agents,  and  from  time  to  time 
as  it  may  consider  proper,  shall  issue  certified  state- 
ments of  the  amount  legally  and  properly  expended  for 
luch    abolition    of   a    grade    crossing;    and    the    common- 


wealth  shall   pay   to   the   parties   entitled   thereto   under 
the   agreement   20   per  cent  of  such  expenditure. 

Payments  by  the  commonwealth — Bonds — Sinking  fund. 
§  42.  For  the  further  abolition  of  grade  crossings,  in  accord- 
ance with  the  provisions  of  §  §  29  to  45,  inclusive,  an 
expenditure  of  $5,000,000  •  by  the  commonwealth  Is 
hereby  authorized.  The  amounts  so  to  be  paid  by  the 
commonwealth  In  any  one  year  shall  not  exceed 
$500,000,  but  If  in  any  one  year  the  expenditure  by  the 
commonwealth  shall  not  amount  to  $500,000,  the  un- 
expended remainder  thereof  shall  be  added  to  the  $500,- 
000  allowed  to  be  paid  by  it  in  any  subsequent  year. 
In  computing  the  amount  paid  and  to  be  paid  by  the 
commonwealth,  the  amounts  apportioned  to  cities  and 
towns  and  advanced  by  the  commonwealth  under  the 
provisions  of  §  39  shall  not  be  Included.  To  meet 
the  expenditure  hereby  authorized,  the  treasurer  and 
receiver-general,  with  the  approval  of  the  governor 
and  council,  shall  Issue  scrip  or  certificates  of  indebted- 
ness to  an  amount  not  exceding  $5,000,000  as  an  addition 
to  the  abolition  of  grade  crossings  loan,  and  shall  add, 
In  the  manner  provided  In  §  158  of  chapter  111  of  the  re- 
vised laws,  to  the  existing  sinking  fund  to  provide  for 
the  payment  of  the  same.  Such  scrip  or  certificates 
of  indebtedness  shall  be  Issued  as  registered  bonds, 
bearing  Interest  at  a  rate  not  exceeding  4  per  cent  per 
annum,  payable  semi-annually  on  the  first  days  of  May 
and  November.  The  amount  necessary  to  meet  the 
annual  requirement  of  said  sinking  fund  and  to  pay 
the  Interest  on  said  bonds  shall  be  raised  by  taxation 
from   year  to  year. 

REVISED  LAWS,  CHAPTER  111,  §  158. 

[Unrepealed,  see  Part  II,  §  258.] 

Payments  by  the  commonwealth — Bonds — Sinking  fund. 
1 158.  The  amount  to  be  paid  under  the  provisions  of  the 
preceding  nine  sections  by  the  commonwealth  in  any  one 
year,  the  year  beginning  with  the  21st  day  of  June,  shall 
not  exceed  $500,000,  and  the  total  amount  shall  not  exceed 
$5,000,000;  but  If  in  any  year  the  expenditure  by  the  com- 
monwealth shall  not  amount  to  $500,000,  the  unexpended 
balance  thereof  shall  be  added  to  the  $500,000  allowed  to 
be  paid  by  it  in  any  subsequent  year.  In  computing  and 
estimating  the  amount  paid  and  to  be  paid  by  the  com- 
monwealth, the  amounts  apportioned  to  cities  and  towns 
and  advanced  by  the  commonwealth  under  the  provisions 
of  §  155  shall  not  be  included.  The  treasurer  and  receiver- 
general  shall  pay  the  amount  of  cost  apportioned  to  the 
commonwealth  from  any  money  not  otherwise  appropriated, 
and  shall  from  time  to  time,  on  request  of  the  governor 
and  council.  Issue  and  sell  bonds,  shall  establish  a  sinking 
fund  for  the  payment  thereof  into  which  shall  be  paid  any 
premiums  received  on  the  sale  of  said  bonds  and  shall 
apportion  thereto  from  year  to  year.  In  addition,  amounts 
suflicient  with  their  accumulations  to  extinguish  at  ma- 
turity the  debt  incurred  by  the  Issue  of  said  bonds.  The 
amount  necessary  to  meet  the  annual  sinking  fund  require- 
ments and  to  pay  the  Interest  on  said  bonds  shall  be  raised 
by  taxation  from  year  to  year.  From  the  proceeds  of  the 
sale  of  such  bonds,  there  shall  be  paid  Into  the  treasury  of 
the  commonwealth  such  amounts  as  may  have  been  ex- 
pended therefrom  under  the  provisions  of  this  section. 

No  hearing  upon  final  decree  when  board  acts  as  special 
commission.  S  43.  A  final  decree  shall  not  be  entered  by 
the  Superior  Court  upon  any  report  of  commissioners  set- 
Ing  forth  a  plan  for  the  abolition,  discontinuance  or  altera- 
tion of  a  grade  crossing,  adopting  or  confirming  such  plan 
or  authorizing  any  expense  to  be  charged  against  the  com- 
monwealth, until  the  board  of  railroad  commissioners,  after 
a  hearing,  shall  have  certified  In  writing  that  In  their 
opinion  the  adoption  of  such  plan  and  the  expenditure  to 
be  incurred  thereunder  are  consistent  with  the  public  In- 
terests, and  are  reasonably  requisite  to  secure  a  fair  dis- 
tribution between  the  different  cities,  towns  and  railroads 
of  the  commonwealth,  of  the  public  money  authorized  to  be 
expended  under  the  provisions  of  the  preceding  section,  or 
i  158  of  chapter  111  of  the  Revised  Laws,  for  the  abolition 
of  grade  crossings,  and  that  such  expenditure  will  not.  In 
the  judgment  of  said  board,  exceed  the  amounts  provided 
under  the  provisions  of  said  said  sections  to  be  paid  by 
the  commonwealth.  If  the  members  of  the  board  of  rail- 
road commissioners  are  special  commissioners  under  the 
provisions  of  §  29  the  certificate  herein  provided  for  may 


684 


Xatioxal  Association  of  Railway  Commissioners 


be  issued  by  said  board  without  a  hearing.  [As  amended 
by  Act  approved  May  5,  1909.] 

Relative  to  loans  for  the  aholition  of  grade  crossings. 
S  44.  The  treasurer  and  receiver-general  is  hereby  author- 
ized to  transfer  to  the  loan  authorized  by  §  158  of  chapter 
111  of  the  Revised  Laws,  from  any  unexpended  balance  of 
the  loan  authorized  by  chapters  433  of  the  Acts  of  the  year 
1892  and  257  of  the  Acts  of  the  year  1896,  which  provide  a 
sum  of  money  for  the  abolition  of  certain  grade  crossings, 
such  amount  of  money  as  may  be  from  time  to  time  to  the 
credit  of  such  loan,  and  which  may  not  be  needed  for  the 
purposes  for  which  the  loan  was  issued;  and  the  balance 
so  transferred  shall  be  in  addition  to  the  $5,000,000  author- 
ized to  be  expended  under  the  provisions  of  said  section, 
and  shall  be  a  part  of  the  sum  authorized  to  be  expended 
under  §  42,  and  available  for  the  abolition  of  grade  cross- 
ings under  the  provisions  of  said  section,  and  of  chapter 
111  of  the  Revised  Laws. 

Certain  provisions  not  to  apply.  §  45.  The  provisions 
of  §§  23  to  28,  inclusive,  of  part  I,  and  of  §§  117,  118,  122, 
123  and  124  of  part  II,  so  far  as  they  relate  to  proceedings 
for  the  abolition  of  grade  crossings,  shall  not  apply  to  cases 
within  the  provisions  of  the  preceding  16  sections. 

REVISED  LAWS,  CHAPTER  27,  §  7. 

Temporary  loans  for  payment  of  grade  crossing  dam- 
ages. §  7.  Cities  and  towns  may  by  a  majority  vote  Incur 
debts  for  temporary  loans  for  the  payment  of  any  land 
damages  or  any  proportion  of  the  general  expense  of  alter- 
ing a  crossing  which  they  are  required  primarily  to  pay 
under  the  provisions  of  §§  149  to  160,  inclusive,  of  chapter 
111.  Such  loans  shall  not  be  reckoned  in  determining  the 
authorized  limit  of  Indebtedness,  and  when  any  money  so 
paid  is  repaid,  it  shall  be  Immediately  applied  to  the  dis- 
charge of  the  loan. 

GRADE  CROSSING  ENGINKER. 

Engineer  to  examine  grade  crossing  plans,  etc.  §  1.  The 
attorney-general  is  hereby  authorized  to  employ  a  com- 
petent civil  engineer  at  an  expense  not  exceeding  $5,000  in 
any  one  year,  who  shall  under  his  direction  examine  the 
plans  submitted  to  commissioners  for  the  abolition  of  grade 
crossings,  the  actual  work  of  construction,  and  the  ac- 
counts of  expenditures  submitted  to  auditors  therein,  and 
ehall  perform  such  other  .duties  in  connection  with  the 
proceedings  for  the  abolition  of  grade  crossings  as  may  be 
assigned  to  him. 

Sections  2  and  3  omitted.    [Approved  April  8,  1908.] 
yBe  it  enacted,  etc.,  as  follows: 

The  board  of  railroad  commissioners  is  hereby  author- 
ized to  employ  the  engineer  of  grade  crossings  appointed 
under  the  provisions  of  §  1  of  chapter  372  of  the  Acts  of 
the  year  1908,  upon  engineering  work,  to  such  extent  as 
the  board  may  deem  expedient;  Provided,  however,  that 
such  employment  shall  not  interfere  with  the  duties  re- 
quired of  said  engineer  by  said  section.  The  board  shall 
determine  the  cost  of  such  services  upon  the  basis  of  the 
annual  compensation  received  by  the  said  engineer  under 
the  provisions  of  the  said  section,  and  shall  pay  to  him 
the  amount  so  determined,  which  amount  shall  be  deducted 
from  such  annual  compensation.  [Approved  March  28, 
1911.] 

EXPRESS    BrSIXESS    OX    RAILROADS. 

Returns  of  persons,  etc.,  doing  an  express  business.  §  1. 
Every  person,  firm,  association  or  corporation  doing  an 
express  business  upon  either  a  railroad  or  railway  in  this 
commonwealth  shall  annually,  on.  or  before  the  first 
Wednesday  in  November,  transmit  to  the  board  of  railroad 
commissioners  a  return  of  his  or  its  doings  for  the  year 
ending  on  the  30th  day  of  the  preceding  September,  said  re- 
turn to  be  under  oath  of  such  person  or  of  the  financial 
officer  or  representative  of  such  firm,  association  or  corpora- 
tion. The  return  shall  set  forth  copies  of  all  contracts 
made  during  the  year  with  other  persons,  firms,  associa- 
tions or  corporations  doing  a  transportation  or  express 
business  upon  any  railroad  or  railway  in  the  common- 
wealth, and  shall  give  complete  information  in  reply  to  the 
questions  presented  in  the  form  for  such  return  which 
shall  be  prescribed  by  the  board. 

Amendment  of  returns — Penalty.  §  2.  If  a  return  mad'; 
under  the  provisions  of  the  preceding  section  appears  to  be 
defective  or  erroneous,  the  board  shall  require  the  person. 


firm,  association  or  corporation  making  it  to  amend  it 
within  15  days.  A  person,  firm,  association  or  cor- 
poration neglecting  to  make  a  return  as  herein  required  or 
to  amend  it  when  requested  so  to  do  shall  forfeit  $25  for 
each  day  during  which  such  neglect  continues. 

Information  to  be  furnished  board.  §  3.  Every  person, 
firm,  association  or  corporation  doing  an  express  business 
upon  a  railroad  or  railway  in  this  commonwealth  shall, 
upon  request,  furnish  to  the  board  of  railroad  commission- 
ers full  information  relative  to  the  character  or  conduct  of 
such  business,  the  service  that  is  furnished  and  the  rates 
that  are  charged,  the  names  of  the  persons  engaged  In 
the  business,  and  the  relations  existing  with  any  othci 
person,  firm,  association  or  corporation  conducting  a  trans- 
portation or  express  business  upon  a  railroad  or  railway. 

Recommendations  as  to  rates,  accommodations,  etc. 
{  4.  The  board  upon  its  own  initiative  or  upon  the  request 
of  any  person  after  a  public  hearing  and  investigation,  if 
It  is  of  the  opinion  that  a  change  in  the  rates  charged 
or  accommodations  furnished  by  any  person,  firm,  associa- 
tion or  corporation  doing  an  express  business  upon  a  ral- 
road  or  railway  in  this  commonwealth,  or  in  the  method 
In  which  the  business  is  conducted,  is  reasonable  and  ex- 
pedient, in  order  to  promote  the  convenience  and  accommo- 
dation of  the  public,  shall  in  writing  inform  such  person, 
firm,  association  or  corporation  of  the  change  which  it 
recommends  should  be  made.     [Approved  June  8,  1908.] 

SEASON    TICKETS. 

Season  tickets  deposited  and  reissued.  §  1.  All  ra  1- 
roads  operating  in  the  commonwealth  of  Massachuset  s 
and  issuing  season  tickets  between  points  within  the  coi  i- 
monwealth  shall,  at  the  request  and  on  the  presentaticn 
of  a  season  ticket  by  the  holder  thereof,  place  the  sane 
on  deposit  for  not  less  than  one  week  and  reissi  e 
the  ticket  at  the  request  of  the  owner,  extending  tie 
period  lor  which  the  ticket  was  issued  by  a  numlx  r 
of  days  equal  to  the  number  during  which  it  remain*  d 
on  deposit;  provided,  however,  that  no  ticket  shall  1  e 
deposited  more  frequently  than  at  the  rate  of  once  :  ii 
three  months;  and  a  holder  shall  have  such  furth<  r 
privileges    as    the    railroad    commissioners    shall   approv  ■. 

Reimbursement.  §  2.  All  railroads  operating  in  tl  e 
commonwealth  of  Massachusetts  and  issuing  seasc  i 
tickets  between  points  within  the  commonwealth  sha'  1. 
at  the  request  of  a  holder  of  a  season  ticket,  reimburse 
said  holder  for  the  cost  of'  the  fare  or  fares  paid  by  eai  i 
holder  between  the  stations  named  on  the  ticket  whe  i- 
ever  said  holder  fails  to  present  the  season  ticket  fi  r 
fare.  The  holder  of  a  season  ticket  in  order  to  be  e  i- 
titled  to  reimbursement  must,  within  one  week,  pr  <- 
sent  to  the  proper  oflicer  of  the  railroad  company  tl  e 
certificate  given  at  the  time  of  paying  the  fare  t  >■ 
gether   with    the    coupon    from   the    season   ticket. 

In  effect  forthwith.  §  3.  This  Act  shall  take  effect  upc  n 
its  passage  but  shall  not  apply  to  any  tickets  heretofo  e 
issued. 

(The  foregoing  was  laid  before  the  governor  on  tl  e 
twenty-fourth  day  of  May,  1911,  and  after  five  days  it 
had  "the  force  of  a  law,"  as  prescribed  by  the  cons  1- 
tution,  as  it  was  not  returned  by  him  with  his  o  )• 
Jections    thereto   within   that   time.) 

Name  of  complainant  not  to  be  divulged.  %  12.  An  ei  a- 
ploye  may  make  complaint  in  writing  to  the  board  of  a 
defect  in  the  ways,  works,  machinery  or  appliances  )f 
a  railroad  or  railway,  and  the  name  of  the  complainait 
shall    not   be    divulged. 

Carriers  to  furnish  information.  §13.  Every  railroiid 
corporation  and  street  railway  company  shall,  upon  le- 
quest,  furnish  to  the  board  any  information  which  miiy 
be  required  by  it  relative  to  the  condition,  manage- 
ment and  operation  of  the  railroad  or  railway,  and  copiJs 
of  all  leases,  contracts  and  agreements  for  transportation 
with  express  companies  or  otherwise  to  which  su''.h 
corporation  or  company  is  a  party,  and  also  with  the 
rates  for  transporting  freight  and  passengers  upon  its 
railroad  or  railway  and  other  railroads  or  railwai's 
with    which    its   business   is   connected. 

Advice  of  the  board  not  an  adjudication.  §  14.  No 
request  oT  advice  of  the  board  shall  in  any  manner 
impair  the  legal  duties  and  obligations  of  a  railroad  cor- 
poration  or  street  railway   company  or  its  legal   liability 


Public  Service  Laws 


685 


lor  the  consequences  of  its  acts  or  of  the  neglect  or 
mismanagement  of  any  of  its  agents  or  servants. 

Uniform  system  of  bookkeeping.  §  15.  The  board  shall 
from  time  to  time  in  each  year  examine  the  t)ooks  and 
accounts  of  every  corporation  or  company  which  oper- 
ates a  railroad  or  railway,  and  require  them  to  be 
kept  in  a  uniform  manner  and  upon  the  system  pre- 
scribed by  the  board.  Statements  of  the  doings  and  fi- 
nancial condition  of  the  several  corporations  and  com- 
panies shall  be  prepared  and  published  at  such  times 
as   the   board   shall   consider  expedient. 

Financial  condition  examined  upon  request.  §  16.  Upon 
the  application  in  writing  of  a  director,  or  of  any 
person  or  persons  who  own  one-fiftieth  part  of  the 
paid-in  capital  stock  of  a  corporation  or  company  which 
operates  a  railroad  or  railway,  or  who  own  the  bonds 
or  other  evidences  of  indebtedness  of  such  corporation 
or  company  equal  in  amount  to  one-fiftieth  part  of  its 
paid-in  capital  stock,  tiie  board  shall  examine  tlie  books 
tind  the  financial  condition  of  said  corporation  or  company 
and  shall  cause  the  result  of  such  examination  to  be 
published  in  one  or  more  daily  newspapers  in  the  city 
of   Boston. 

Names  of  stockholders.  §  17.  The  board  shall  at  all 
times  have  access  to  the  list  of  stockholders  of  every 
corporation  or  company  which  operates  a  railroad  or 
railway,  and  may  at  any  time  cause  the  said  list  or  a  part 
thereof  to  be  copied  for  its  information  or  for  the  in- 
formation of  the  stockholders  of  such  corporation  or 
company. 

Penalty  upon  corporations  for  refusing  to  submit  books, 
etc.  §  18.  A  railroad  corporation  or  street  railway  com- 
pany which  refuses  to  submit  its  books  to  the  examina- 
tion of  the  board,  or  unreasonably  neglects  to  keep  its 
accounts  in  the  method  prescribed  by  the  board,  shall 
forfeit  not  more  than  $5,000  for  every  such  refusal  or 
neglect. 

Commissioners  may  summon  tvitnesses.  §  19.  In  all 
cases  investigated  and  inquiries  made  by  the  board 
and  in  all  proceedings  before  it,  any  member  thereof 
may  summon  witnesses  in  behalf  of  the  commonwealth 
and  may  administer  oaths  and  take  testimony.  The 
fees  of  such  witnesses  for  attendance  and  travel  shall 
be  the  same  as  for  witnesses  before  the  Superior  Court 
and  shall  be  paid  by  the  commonwealth  upon  the  certifi- 
cate of  the   board   filed  with   the  auditor. 

STREET   RAILW.W   CROSSINGS. 

Section  82  of  part  III  of  chapter  463  of  the  Acts  of  the 
year  1906  is  hereby  amended  .  .  .  so  as  to  read  as 
follows: 

§  82.  If  a  street  railway  crosses  at  the  same  level  a 
steam  railroad  where  locomotive  engines  are  in  daily 
use,  every  motorman  of  a  car  upon  the  street  railway 
shall,  when  approaching  the  point  of  intersection,  stop 
his  car  within  100  feet  of  the  crossing.  For  each  vio- 
lation of  the  provisions  of  this  section,  the  motorman 
shall  forfeit  $10,  and  the  company  which  employs  him 
shall  forfeit  $20;  provided,  however,  that  the  board  of 
railroad  commissioners  may,  for  such  term  and  under 
such  restrictions  as  it  may  from  time  to  time  prescribe, 
modify  or  suspend  the  requirements  of  this  section  with 
respect  to  any  such  crossing  by  a  street  railway  of  a  rail- 
road built  for  private  use  under  the  provisions  of  §  251  of 
part  II  of  this  Act,  or  of  a  branch,  spur  or  siding  of  a 
railroad  built  or  used  only  for  the  transportation  of  freight 
to  the  premises  of  manufacturing  or  other  industrial 
plants.  [Approved  April  14,  1911.  The  amendment 
adds   the   proviso.] 

TEMPORARY    LOCATIONS. 

The  several  boards  and  commissions  authorized  by 
law  to  grant  locations  to  street  railway  companies  may, 
for  the  purpose  of  enabling  any  such  company  to  avoid 
interruption  of  its  service,  upon  the  petition  of  such  com- 
pany or  of  any  interested  party,  grant  temporary 
locations  for  the  tracks  of  the  company  in  any  public 
place  or  way,  or  may  approve  temporary  locations  upon 
private  land  without  a  notice  and  hearing.  The  board 
or  commission  granting  or  approving  such  temporary 
locations  may  place  a  limit  of  time  upon  their  use,  and 
if  unlimited  as  to  time  such  use  shall  terminate  after 
such   reasonable  time  as,  in   the  opinion  of  the  board  or 


commission  granting  or  approving  the  same,  will  per- 
mit, without  interruption,  the  restoration  of  service 
upon  the  locations  of  the  company.  The  board  of  rail- 
road commissioners  may  approve  such .  temporary  loca- 
tions without  a  notice  and  hearing.  [Approved  May  13, 
1910.] 

ELECTRIC  CARS   OX   STEAM  TRACKS. 

Street  railway  may  operate  over  railroad.  §  1.  A  street 
railway  company,  with  the  consent  of  a  railroad  cor- 
poration owning  tracks,  may,  to  such  extent  and  subject 
to  such  terms  and  regulations  as  the  board  of  railroad 
commissioners  may  approve  or  prescribe,  operate  cars 
upon  and  over  such  tracks  of  said  railroad  corporation 
as  are  equipped  for  operation  by  the  electric  system  of  mo- 
tive power,  and  may  connect  its  own  tracks  with  the 
tracks  of  such  railroad  in  such  manner  as  may  be  agreed 
upon  by  the  two  companies  and  approved  by  the  board 
of    railroad    commissioners. 

In  effect  forthtcith.  §  2.  This  Act  shall  take  effect  upon 
Its  passage.     [Approved  June  9,  1910.] 

MILK. 

Same  rate  to  small  as  to  large  shippers  of  milk.  §  1. 
Section  202  of  part  II  of  chapter  4G3  of  the  Acts  of  the 
year  1906  is  hereby  amended  by  striking  out  the  words 
"fairly  proportionate  to,"  in  the  tenth  line,  and  by  in- 
serting the  word  "same,"  after  the  word  "the,"  in  the 
tenth  line,  so  as  to  read  as  follows:  §202.  A  railroad 
corporation  shall  not  receive,  forward  or  deliver  milk 
In  large  quantities  over  any  portion  of  its  line,  or  per- 
mit others  so  to  do,  under  contract,  lease  or  hiring  of 
cars  or  otherwise,  without  at  the  same  time  providing, 
as  regards  time,  care  and  preservation  of  the  milk  and 
the  return  of  the  empty  cans,  equal  facilities  and  ad- 
vantages for  receiving,  forwarding  and  delivering  milk 
by  the  can  over  the  same  portion  of  its  line;  nor  without 
establishing  a  tariff  for  the  milk  by  the  can  which  is 
the  same  rate  which  it  charges  or  receives  as  aforesaid 
for  milk  in  large  quantities. 

Railroad  commission  to  revise  milk  tariff.  §  2.  Section 
203  of  part  II  of  said  chapter  463  is  hereby  amended  by 
strikiog  out  the  words  "unreasonably  high,  as  compared 
with,'^  in  the  tenth  line,  and  inserting  In  place  thereof  the 
words  "higher  than,"  and  by  striking  out  the  words 
"in  its  judgment  is  fairly  proportionate  to,"  in  the  12th 
and  13th  lines,  and  inserting  In  place  thereof  the  words 
"It  finds  to  be,"  and  by  striking  out  all  after  the 
word  "but,"  in  the  18th  line,  and  inserting  In  place 
thereof  the  words,  "the  rates  by  the  can  so  fixed  shall  not 
be  higher  than  the  rates  charged  by  the  same  railroad  cor- 
poration for  a  longer  distance  on  any  part  of  Its  system," 
— so  as  to  read  as  follows:  Section  203.  Upon  the  petition 
of  one  or  more  persons  who  desire  to  forward  milk  by  the 
can  over  any  railroad  or  any  portion  or  portions  thereof,  the 
board  of  railroad  commissioners,  after  notice  to  the  rail- 
road corporation  and  a  hearing,  shall  ascertain  and  compare 
the  tariff  established  as  aforesaid  for  milk  by  the  can 
with  the  rate  charged  or  received  as  aforesaid  for  milk  In 
large  quantities  over  such  railroad  or  such  portion  or  por- 
tions thereof;  and  if  the  former  is,  in  the  judgment  of 
said  board,  higher  than  the  latter,  said  board  shall  revise 
said  tariff  and  shall  fix  such  rate  for  milk  by  the  can  as 
it  finds  to  he  the  rate  for  milk  in  large  quantities,  includ- 
ing in  both  cases  the  same  care  and  preservation  of  the 
milk  and  the  return  of  the  empty  cans,  as  aforesaid;  and 
shall  notify  the  corporation  In  writing  of  the  rate  by  the 
can  so  fixed  over  such  railroad  or  such  portion  or  portions 
thereof;  but  the  rates  by  the  can  so  fixed  shall  not  be 
higher  than  the  rates  charged  by  the  same  railroad  cor- 
poration for  a  longer  distance  on  any  part  of  Its  system. 

Inspection.  §  3.  No  milk  shall  be  sold  In  this  common- 
wealth unless  the  conditions  under  which  it  is  produced 
are  subject  to  the  inspection  provided  for  by  the  laws  of 
the  commonwealth. 

In  effect  forthwith.  §  4.  This  Act  shall  take  effect  on 
the  first  day  of  August,  1910.     [Approved  June  15,  1910.] 

I'AS.SEN'OERS'    RISK. 

§  1.  No  common  carrier  of  passengers  shall,  by  rule, 
regulation,  sign  or  otherwise,  require  passengers  whom  it 
Bufi^ers  to  enter,  or  leave  by,  a  door  of  its  car  or  train,  to 
do  so  at  their  own  risk;  and  no  such  passenger  shall  be 
prevented   from   recovering  compensation   in   damages   for 


686 


National  Association  of  Eailway  Commissionkrs 


any  Injury  ^y  reason  of  any  such  rule,  regulation,  sign  or 
requirement. 

§  2.  Tliis  Act  sliall  take  effect  upon  its  passage.  [Ap- 
proved Marcli  9,' 1911.] 

INCREASE  OF  POWERS/ 

Be  it  enacted,  etc.,  as  foUows: 

Commission  to  determ,ine  and  recommend  just  and  rea- 
tenable  rates,  fares  and  charges.  §  1.  Whenever  the  board 
of  railroad  commissioners,  hereinafter  called  the  board, 
shall  be  of  opinion,  after  a  hearing  had  upon  its  own  mo- 
tion or  upon  complaint,  that  the  rates,  fares  or  charges  or 
any  of  them,  demanded,  exacted,  charged  or  collected  by 
any  person,  firm,  association,  company  or  corporation 
now  or  hereafter  subject  to  its  jurisdiction,  and  here- 
inafter called  a  carrier,  for  the  transportation  of  persons 
or  property  within  the  commonwealth,  or  the  regulations 
or  practices  of  such  carrier  affecting  such  rates,  are  un- 
just, unreasonable,  unjustly  discriminatory  or  unduly 
preferential  or  in  anywise  in  violation  of  any  provision 
of  law,  or  that  the  rates,  fares  or  charges  or  any  of 
them  chargeable  by  any  such  carrier  are  insufficient 
to  yield  reasonable  compensation  for  the  service  ren- 
dered, and  are  unjust  and  unreasonable,  the  board,  with 
due  regard  among  other  things  to  a  reasonable  return 
upon  the  value  of  the  carrier's  property,  shall  determine 
the  just  and  reasonable  rates,  fares  and  charges  to  be 
■  charged  for  the  service  to  be  performed,  and  shall 
recommend  the  same  by  order  to  be  served  upon  such 
carrier. 

Also  reasonable,  safe,  adequate  and  proper  regulations, 
practices,  equipments  and  service.  §  2.  Whenever  the 
board  shall  be  of  opinion,  after  a  hearing  bad  upon  its 
own  motion  or  upon  complaint,  that  the  regulations, 
practices,  equipment,  appliances  or  service  of  any  such 
carrier  in  respect  to  transportation  of  persons  or  prop- 
erty within  the  commonwealth  are  unjust,  unreasonable, 
unsafe,  improper  or  inadequate,  the  board  shall  deter- 
mine the  just,  reasonable,  safe,  adequate  and  proper 
regulations,  practices,  equipment,  appliances  and  serv- 
ice thereafter  to  be  in  force,  to  be  observed  and  to  be 
used  in  such  transportation  of  persons  and  p^bperty, 
and  shall  recommend  the  same  by  order  to  be  served 
upon  such  carrier. 

Statutory  rates  not  to  be  interfered  with.  §  3.  Rates 
and  facilities  0xed  and  determined  by  statute  shall  not 
be  revised  or  regulated  by  the  board. 

Board  may  employ  expert  accountant  and  make  exami- 
nations. §  4.  The  board  shall  have  all  powers  necessary 
or  proper  to  enable  it  to  carry  out  the  provisions  of  this 
Act.  It  shall  have  authority  to  employ  such  experts 
and  other  assistants  as  it  shall  deem  wise  in  examining 
into  the  rates,  facilities  and  financial  condition  of  any  car- 
rier. It  may  expend  not  more  than  $5,000  annually  for 
the  salary  and  expenses  of  an  accountant,  and  may 
expend  such  further  sums  each  year  as  are  appropriated 
by  the  legislature. 

Duties  of  attorney-general.  §  5.  The  attorney-general, 
either  in  person  or  by  one  of  his  assistants,  shall  not 
only  advise  the  board  and  act  as  its  counsel  upon  its 
request,  but  shall  also  appear  before  the  board  in  any 
matter,  either  upon  his  own  motion  or  at  the  request 
of  any  individual,  when  in  the  opinion  of  the  attorney- 
general  or  of  the  board  the  interests  of  the  common- 
wealth or  the  public  demand. 

Any  commissioner  may  investigate — Duration  of  orders. 
$  6.  Any  investigation,  inquiry  or  hearing  which  the  board 
has  power  to  undertake  or  to  hold  may  be  undertaken 
or  held  by  or  before  any  commissioner,  and  decisions 
of  the  board  and  every  order  made  by  a  commissioner, 
when  approved  and  confirmed  by  the  board  and  ordered 
filed  in  its  office,  shall  be  and  be  deemed  to  be  the  order 
of  the  board.  Every  order  of  the  board  shall  continue 
In  force  unless  the  same  shall  be  limited,  suspended, 
modified  or  set  aside  by  the  board  or  shall  be  suspended 
or  set  aside  by  any  court  of  competent  jurisdiction. 

Powers  cumulative.  §  7.  Nothing  in  this  Act  shall  be 
construed  as  limiting  the  powers  of  the  board  to  act 
under  §  9  of  part  I  of  chapter  463  of  the  Acts  of  the 
year  1906. 

In  effect  forthwith.  §  8.  This  Act  shall  take  effect  upon 
its  passage.     [Approved  July  28,  1911.] 


APPKOPBIATIOX. 

Be  it  enacted,  etc.,  as  follows: 

§  1.    The  sums  hereinafter  mentioned  are  hereby  appro- 
priated, to  be  paid  out  of  the  railroad  commissioners'  fund, 
for  the  salaries  and  expenses  of  the  railroad  commission- 
ers,  for  the  fiscal  year  ending  on  the  30th  day  of  No-,i 
vember,  1911,  to-wit:  — 

For  the  salaries  of  the  commissioners,  $16,000. 

For  the  salary  of  the  clerk,  $3,000. 

For  the  salary  of  the  assistant  clerk,  $1,800. 

For  additional  clerical  assistance,  a  sum  not  exceeding  ( 
$2,200. 

For  the  salary  of  the  accountant,  $2,500. 

For  the  salaries  and  expenses  of  the  railroad  inspectors, 
a  sum  not  exceeding  $17,000. 

For  the  compensation  of  experts  or  other  agents,  a  sum  i 
not  exceeding  $8,000. 

For  rent,  care  of  office  and  salary  of  a  messenger,  a  sum 
not  exceeding  $6,000. 

For  books,  maps,  statistics,  stationery,  incidentals  and 
contingent  expenses,  a  sum  not  exceeding  $5,500. 

For  stenographers  and  stenographic  reports,  a  sum  not 
exceeding  $2,400. 

For  printing  and  binding  the  annual  report,  a  sum  not 
exceeding  $7,000. 

For  taking  evidence  given  at  inquests  in  cases  of  death 
by  accident  occurring  upon  railroads  and  street  railwajs,  a 
sum  not  exceeding  $3,000. 

§  2.  This  Act  shall  take  effect  upon  its  passage.  I  Ap- 
proved July  20,  1911.] 

Equal  facilities  for  transportation.  §196.  Every  :  all- 
road  corporation  shall,  subject  to  the  provisions  of  |  201, 
give  to  all  persons  reasonable  and  equal  terms,  facilitiea 
and  accommodations  for  the  transportation  upon  its  rail- 
road of  themselves,  their  agents  and  servants,  and  of  t  leir 
merchandise  and  other  property,  and  for  the  use  of  its 
depot  and  other  buildings  and  grounds;  and,  at  any  p  lint 
where  its  railroad  connects  with  another  railroad,  it  s  lall 
give  reasonable  and  equal  terms  and  facilities  of  irter- 
change. 

Local  expressmen  licensed  by  railroad  commission.  §  '97. 
The  provisions  of  the  preceding  section  shall  apply  to  all 
persons  engaged  only  in  a  local  express  business  for  the 
forwarding  of  express  matter  between  points  within  the 
commonwealth  in  the  trains  or  cars  of  any  railroad  co  poii 
ration,  and  to  persons  desiring  to  engage  therein  -'ho' 
obtain  the  recommendation  of  the  board  of  railroad  c  )m- ; 
missioners  therefor,  and  who  agree  in  writing  to  indem;  ify 
the  corporation  against  all  loss  of  and  damage  to  any  p  op- 
erty  which  is  carried  by  them  on  its  trains.  Such  rec  )m- 
mendation  shall  be  given  only  after  notice  to  all  par  ies : 
interested  and  a  hearing  thereon,  and  with  regard,  am  m% 
other  considerations,  to  the  public  interest.  Such  corp  ira- ' 
tion  may  contract  with  one  or  more  persons  for  the  exp:  ess 
service  over  its  railroad  or  system,  subject  to  the  right  of 
such  persons  as  may  then  be  engaged  In,  or  shall  t  ive 
obtained  the  recommendation  aforesaid  to  conduct,  e  ich 
local  express  business  thereon  between  points  within  his 
commonwealth  under  the  provisions  of  this  section;  ind 
the  terms,  facilities  and  accommodations  provided  for  each 
last  named  persons  shall  not  be  unreasonable  or  uneq  lal, 
having  regard  to  the  amount  and  character  of  the  serice 
and  also  to  such  reasonable  regulation  of  said  business  as 
may  be  for  the  public  interest  and  the  efficient  operatloi ,  of 
the  railroad.  The  provisions  of  this  section  shall  not  de- 
prive any  railroad  corporation  of  any  right  which  it  has 
under  Its  charter  or  under  general  laws,  to  perform  all  the 
transportation  of  property  upon  its  railroad.  The  suprme 
judicial  court  or  the  Superior  Court  shall  have  jurisdic  ion 
to  enforce  the  provisions  of  this  section  by  Injuncton, 
mandamus  or  other  suitable  process. 

Merchandise  to  be  forwarded  promptly.  §  198.  E^  err 
railroad  corporation  shall  promptly  forward  merchau'lise 
consigned  to  or  directed  to  be  sent  over  another  railroad 
connecting  with  its  railroad,  according  to  the  directions 
contained  thereon  or  accompanying  the  same,  and  shall  not 
receive  and  forward  over  Its  railroad  merchandise  '.'on 
signed  to  or  directed  to  be  sent  by  a  different  route. 

Long  and  short  haul — Charges  for  transportation  oj 
freight.  §  199.  A  railroad  corporation  shall  not  chargi;  oi 
receive  for  the  transportation  of  freight  to  any  station  on 
its  railroad  a  greater  amount  than  is  at  the  time  charged 
or  received  for  the  transportation  of  the  like  class  and 
quantity  of  freight  from  the  same  original  n»tot  of  depar 


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687 


ture  to  a  station  at  a  greater  distance  on  its  railroad  in 
same  direction.  Two  or  more  railroad  corporations  whoso 
railroads  connect  shall  not  charge  or  receive  for  the  trans- 
portation of  freight  to  any  station  on  the  railroad  of  either 
of  them  a  greater  amount  than  is  at  the  time  charged  or 
received  for  the  transportation  of  the  like  class  and  quan- 
tity of  freight  from  the  same  original  point  of  departure 
to  a  station  at  a  greater  distance  on  the  railroad  of  either 
of  them  in  the  same  direction.  In  the  construction  of  this 
section,  the  amount  charged  or  received  for  the  transporta- 
tion of  freight  shall  include  all  terminal  charges;  and  the 
railroad  of  a  corporation  shall  include  all  the  railroad  in 
use  by  it,  whether  owned  or  operated  under  a  contract  or 
lease. 

Penalties  on  corporation.  §  200.  A  railroad  corporation 
which  violates  any  provision  of  the  four  preceding  sections, 
in  addition  to  liability  for  all  damages  sustained  by  reason 
of  such  violation,  shall  for  each  offense  forfeit  $200,  which 
shall  be  recovered  in  an  action  of  tort  to  his  own  use  by 
the  party  aggrieved,  or  to  the  use  of  the  commonwealth  by 
the  attorney-general  or  the  district  attorney  of  the  district 
In  which  such  violation  was  committed;  but  no  such  action 
shall  be  maintained  unless  brought  within  one  year  after 
date  of  such  violation. 

Discrimination  in  freight  rates  forbidden.  §  201.  A 
railroad  corporation  shall  not,  in  its  charges  for  the  trans- 
portation of  freight  or  in  the  conduct  of  its  freight  business, 
make  or  give  any  undue  or  unreasonable  preference  or  ad- 
vantage to  or  in  favor  of  any  person,  firm  or  corporation, 
nor  subject  any  person,  firm  or  corporation  to  any  undue 
or  unreasonable  prejudice  or  disadvantage. 

Connecting  railroad  companies  may  use  each  other's 
roads.  §  205.  If  a  railroad  constructed  after  the  eighth 
day  of  April  in  the  year  1872  meets  another  railroad 
which  terminates  in  the  same  city  or  town,  or  lawfully 
crosses  another  railroad  at  the  same  level  therewith,  the 
corporation  by  which  either  of  said  railroads  is  owned 
may  enter  its  railroad  upon,  unite  the  same  with  and 
use  the  railroad  of  the  other;  if  a  railroad  constructed 
after  said  day  meets  another  railroad  which  passes 
through  the  same  city  or  town,  the  corporation  by  which 
either  of  said  railroads  is  owned  may,  with  the  written 
consent  of  the  board  of  railroad  commissioners  and  upon 
snob  terms  as  said  board  upon  hearing  prescribes,  enter 
its  railroad  upon,  unite  the  same  with  and  use  the  rail- 
road of  the  other;  and  if  a  railroad  corporation  whose 
railroad  was  constructed  prior  to  said  day  is  specially 
authorized  to  enter  its  railroad  upon,  unite  the  same 
with  and  use  the  railroad  of  another  corporation,  each 
of  such  corporations  may  enter  upon,  unite  its  railroad 
with  and  use  the  railroad  of  the  other;  but  no  locomotive 
engine  or  other  motive  power  which  is  not  owned  and 
controlled  by  the  corporation  owning  or  lawfully  operat- 
ing the  railroad  shall  be  allowed  to  run  upon  a  railroad 
except   with   the   consent  of  such   corporation. 

Compensation  for  drawing  cars,  etc.  §  206.  If  two  cor- 
porations are  authorized  as  in  the  preceding  section  each 
to  enter  with  its  railroad  upon,  unite  the  same  with  and 
use  the  railroad  of  the  other,  each  of  them  shall  at  rea- 
sonable times  and  for  a  reasonable  compensation  draw 
over  its  railroad  the  passengers,  merchandise  and  cars 
of  the  other,  and  each  of  them  shall  for  a  reasonable 
compensation  provide  upon  its  railroad  convenient  and 
suitable  station  accommodations  for  the  passengers  and 
merchandise  of  the  other  corporation  passing  to  and  over 
it,  and  shall  receive  and  deliver  the  same  in  the  manner 
in  which  it  receives  and  delivers  its  own  passengers  and 
freight. 

Railroad  commission  may  fix  rates.  §  207.  If  the  corpo- 
rations cannot  agree  upon  the  stated  periods  at  which 
the  cars  of  one  shall  be  drawn  over  the  railroad  of  the 
ether,  and  upon  the  compensation  to  be  paid  therefor, 
or  upon  the  terms  and  conditions  upon  which  accom- 
modations shall  be  furnished  for  the  passengers  and 
merchandise  of  the  other,  or  if  two  corporations  operat- 
ing railroads  of  different  gauges  cannot  agree  as  to  the 
requisite  terminal  accommodations,  or  as  to  the  manner 
in  Which  freight  and  passengers  shall  be  transferred 
from  one  railroad  to  the  other  and  forwarded,  the  board 
of  railroad  commissioners,  upon  the  petition  of  either 
party  and  after  notice  to  the  other,  shall  hear  the  parties, 
and  determine,  having  reference  to  the  convenience  and 
interest  of  the   corporations  and   of  the  public  to  be  ac- 


commodated thereby,  the  stated  periods  tor  drawing  cars, 
the  compensation  therefor,  the  terms  and  conditions  for 
passengers  and  merchandise,  or  the  requisite  terminal 
accommodations  and  manner  of  transferring  passengers 
and  freight  as  aforesaid;  and,  upon  the  application  of 
either  party,  shall  determine  all  questions  between  th»* 
parties  relative  to  the  transportation  of  freight  and  pas- 
sengers and  other  business  upon  and  connected  with  said 
railroads  in  which  they  are  jointly  interested  and  the 
manner  in  which  the  business  shall  be  done,  and  shall 
apportion  to  the  corporations  their  respective  shares  of 
the  expenses,  receipts  and  income  of  the  same;  and  the 
award  of  the  board  of  railroad  commissioners  shall  be 
binding  upon  the  respective  corporations  for  one  year 
and  thereafter  until  the  said  board  revises  the  same; 
and  the  compensation  of  said  board  for  services  and 
expenses  under  the  provisions  of  this  section  shall  be 
paid  by  the  respective  corporations  in  such  proportions 
as  said  board  shall  determine  and  set  forth  in  its  award. 
Upon  the  request  in  writing  of  a  party  affected  thereby, 
filed  with  said  board  within  30  days  after  the  rendering 
thereof,  the  award  shall  be  filed  in  the  supreme  judicial 
court,  which  shall  have  jurisdiction  to  revise  it  as  if  it, 
had  been  made  by  a  commission  appointed  by  said  court. 

Connecting  roads  chartered  by  other  States.  §  208.  A 
railroad  corporation  which  is  created  by  the  laws  of  an- 
other State  shall  have  all  the  rights  and  privileges  rela- 
tive to  connecting  railroads,  under  the  provisions  of  the 
three  preceding  sections,  of  a  corporation  which  is  cre- 
ated   by    the    laws    of   this    commonwealth. 

Connecting  companies  may  contract  that  one  shall  per- 
form all  transportation  for  the  other.  §  209.  Two  railroad 
corporations,  which  are  incorporated  under  the  laws  of 
this  commonwealth,  and  whose  railroads  enter  upon  or 
connect  with  each  other,  may  contract  that  either  cor- 
poration shall  perform  all  the  transjortation  upon  and 
over  the  railroad  of  the  other;  and  ally  such  corporation 
may  lease  its  railroad  to  any  other  such  corporation; 
but  the  facilities  for  travel  and  business  on  either  of 
the  railroads  of  said  corporations  shall  not  thereby  be 
diminished.  Such  leases  shall  be  upon  such  terms  as 
the  directors  agree,  and  as  a  majority  in  interest  of  the 
stockholders  of  both  corporations  at  meetings  called  for 
*he  purpose  approve,  subject  to  the  provisions  of  §  [207] 
67  of  part  I  of  this  Act.  The  income  arising  from  such 
contracts  or  leases  shall  be  subject  to  the  provisions  of 
law  relative  to  the  right  of  the  commonwealth  to  pur- 
chase the  railroads  of  the  railroad  corporations  or  to 
reduct  their  tolls,  in  the  same  manner  as  that  arising 
from  the  use  of  the  railroads.  Copies  of  such  contracts 
or  leases  shall  be  deposited  with  the  board  of  railroad 
commissioners,  and  full  statements  of  the  facts  shall  be 
set  forth  in  the  next  annual  return  of  such  corporations. 
The  provisions  of  this  section  shall  not  authorize  a  lease 
or  contract  between  two  railroad  corporations,  each  of 
which  has  a  terminus  in  the  city  of  Boston.  The  rail- 
roads of  two  railroad  corporations  shall  be  considered 
to  enter  upon  or  connect  with  each  other,  within  the 
meaning  of  this  section,  if  one  of  such  railroads  enters 
upon,  connects  with,  or  intersects  a  railroad  leased  to 
the  other  or  operated  by  it  under  a  contract  as  herein 
authorized. 

Term,  of  lease  not  to  exceed  99  years,  etc.  §  210.  A 
railroad  corporation  shall  not  lease  or  contract  for  the 
operation  of  its  railroad  for  a  period  of  more  th^n  99 
years  without  the  consent  of  the  general  court;  but  the 
provisions  of  this  section  shall  not  render  invalid  a 
lease  which  was  approved  by  the  stockholders  of  a  cor- 
poration before  the  first  day  of  July  in  the  year  1880. 

REVISED  LAWS,  CHAPTER  212,  §  89. 

Color  or  race  discrimination  prohibited.  §  89.  Whoever 
makes  any  distinction,  discrimination  or  restriction  on 
account  of  color  or  race  or,  except  for  good  cause,  appli- 
cable alike  to  all  persons  of  every  color  and  race,  rela- 
tive to  the  admission  of  any  person  to,  or  his  treatment 
in,  a  theater,  skating  rink  or  other  public  place  of  amuse- 
ment, licensed  or  unlicensed,  or  in  a  public  conveyance 
or  public  meeting,  or  in  an  inn,  barber  shop  or  other 
public  place  kept  for  hire,  gain  or  reward,  licensed  or 
unlicensed,  or  whoever  aids  or  incites  such  distinction, 
discrimination  or  restriction,  shall,  for  each  offense,  be 
punished  by  a  fine  of  not  more  than  $300  or  by  Imprison- 


688 


National  Association  of  Railway  Commissioners 


ment  for  not  more  than  one  year,  or  by  both  such  flno 
an*!  imprisonment,  and  shall  forfeit  to  any  person  ag- 
grieved thereby  not  less  than  f25  nor  more  than  $300; 
but  such  person  so  aggrieved  shall  not  recover  against 
more  than  one  person  by  reason  of  any  one  act  of  dis- 
tinction,  discrimination   or   restriction. 

REVISED  LAWS,  CHAPTER  212,  §§  73,  74. 

Rest  for  live  stock — Twenty-eigM-hour  law.  §  73.  Rail- 
road corporations  shall  not  permit  animals  which  they 
are  carrying  or  transporting  to  be  confined  in  cars  longer' 
than  28  consecutive  hours  without  unloading  them  for 
at  lease  five  consecutive  hours  for  rest,  water  and  feed- 
ing, unless  prevented  by  storm  or  accident.  In  estimat- 
ing such  confinement,  the  time  during  which  the  animals 
have  been  confined  without  such  rest  on  connecting  roads 
from  which  they  are  received  shall  be  included.  Animals 
80  unloaded  shall  during  such  rest  be  properly  fed, 
watered  and  sheltered  by  the  owner  or  person  having 
the  custody  of  them,  or,  in  case  of  his  default,  by  the 
railroad  corporation  transporting  them,  at  the  expense  of 
said  owner  or  person  in  custody  thereof.  In  such  case 
the  corporation  shall  have  a  Hen  upon  such  animals  for 
food,  care  and  custody  furnished,  and  shall  not  be  liable 
for  such  detention.  A  corporation,  owner  or  custodian 
of  such  animals  who  fails  to  comply  with  the  provisions 
of  this  section  shall  be  punished  by  a  fine  of  not  less 
than  $liiO  nor  more  than  $500.  The  provisions  of  this 
section  shall  not  apply  to  animals  carried  in  cars  in 
which  they  can  and  do  have  proper  food,  water,  space 
and    opportunity    for    rest. 

Arrest  for  cruelty  to  animals.  §  74.  A  person  found 
violating  any  provision  of  §§  70  and  73  may  be  arrested 
and  held  without  a  warrant,  as  provided  in  §47;  and  the 
person  making  an  arrest  with  or  without  a  warrant  shall 
use  reasonable  diligence  to  give  notice  thereof  to  the 
owner  of  animals  found  in  the  charge  or  custody  of  the 
person  arrested,  shall  properly  care  and  provide  for  such 
animals  until  the  owner  thereof  takes  charge  of  them, 
not,  however,  exceeding  60  days  from  the  date  of  said 
notice  and  shall  have  a  lien  on  said  animals  for  the  ex- 
pense of  such   care  an^   provision. 

REVISED  LAWS,  CHAPTER  106,   §  15. 

Railroads  not  to  require  indemnity  bonds  from  em- 
ployes. §  15.  A  corporation  which  is  engaged  in  carrying 
'passengers  or  in  transporting  freight  for  hire  shall  no' 
require  or  receive  from  a  person  who  is  employed  or 
about  to  be  employed  by  it  a  bond  or  other  security, 
either  with  or  without  surety,  to  indemnify  such  corpora- 
tion against  loss  or  damage  to  other  persons  or  to  prop- 
erty resulting  from  the  act  or  neglect  of  such  person, 
except  a  bond  to  account  for  money  or  other  property 
of  such  corporation.  A  corporation  or  a  person  in  its 
behalf  who  violates  the  provisions  of  this  section  shall 
be  punished  by  a  fine  of  not  more  than  $50  for  the  first 
offense  and  of  not  more  than  $100  for  each  subsequent 
offense. 

ACTS  OP  1903,  CHAPTER  320. 

To  keep  railroads  out  of  politics.  §  1.  No  railroadi 
street  railway,  electric  light,  gas,  telegraph,  telephone, 
water  or  steamboat  company  shall  appoint,  promote, 
reinstate,  suspend  or  discharge  any  person  employed  or 
seeking  appointment  by  any  such  company  at  the  request 
of  .the  governor,  lieutenant-governor,  or  any  member  or 
member  elect  of  the  council  or  of  the  general  court,  or 
candidate  therefor,  justice  of  the  supreme  judicial  court, 
justice  of  the  Superior  Court,  judge  of  probate,  justice 
of  a  police,  district  or  municipal  court,  district  attorney, 
member  or  member  elect  of  a  board  of  county  commis- 
sioners, or  candidate  for  county  commissioner,  member 
or  member  elect  of  a  board  of  aldermen,  selectmen  or 
city  council  or  any  executive,  administrative  or  judicial 
officer,  clerk  or  employe  of  any  branch  of  the  government 
of  the  commonwealth  or  of  any  county,  city  or  town; 
nor  shall  any  such  public  officer  or  body,  or  any  member 
or  member  elect  therefor  or  candidate  therefor,  directly 
or  indirectly  advocate,  oppose,  or  otherwise  interfere  in, 
or  make  any  request,  recommendation,  Indorsement,  re- 
quirement or  certificate  relative  to,  and  the  same.  If 
made,  shall  not  be  required  as  a  condition  precedent  to, 
or  be  In  any  way  regarded  or  permitted  to  influence  or 
control,  the  appointment,  promotion,  reinstatement  or  re- 


II 


tention  of  any  person  employed  or  seeking  employment 
by  any  such  corporation,  and  no  such  person  shall  solicit, 
obtain,  exhibit  or  otherwise  make  use  of  any  such  official 
request,  recommendation,  certificate  or  indorsement  by 
connection  with  any  existing  or  desired  employmv\it  by 
a  public  service  corporation. 

Certain  offices  not  to  be  considered  public  offices.  S  2 
The  offices  of  probation  officer,  notary  public  and  justice 
of  the  peace  shall  not  be  considered  public  offices  within 
the   meaning   of   this   Act. 

Penalty.  §  3.  Any  person  or  corporation  violating  the 
provisions  of  this  Act  shall  be  punished  by  a  fine  of  not 
less  than  $50  nor  more  than  $100  for  each  offense.  [Ap- 
proved  May  5,   1903.] 

ACTS  OF  1907,  CHAPTER  431. 
Railroad  commission  to  prescribe  spark  arrester,  etc.  i 
Every  corporation  operating  a  steam  railroad  within  this 
commonwealth  shall,  subject  to  the  approval  of  the  board 
of  railroad  commissioners,  install  and  maintain  a  spark 
arrester  on  every  engine  in  its  service  in  which  wood, 
coke  or  coal  is  used  as  fuel,  and  shall,  between  the  first 
day  of  April  and  the  first  day  of  December  in  each  year, 
keep  the  full  width  of  all  of  its  locations  over  which 
such  engines  are  operated,  to  a  point  200  feet  distant 
from  the  center  line  on  each  side  thereof,  clear  of  dead 
leaves,  dead  grass,  dry  brush  or  other  inflammable  ma- 
terial, and  shall  not  at  any  time  leave  any  deposit  o* 
fire,  hot  ashes  or  live  coals  upon  its  locations  in  the 
immediate  vicinity  of  woodlands  or  grass  lands,  and  shall 
post  in  stations  and  other  conspicuous  places  within  its 
location  and  right  of  way  such  notices  and  warning 
placards  as  are  furnished  to  it  for  the  purpose  by  the 
State  forester;  provided,  that  nothing  in  this  section 
shall  be  construed  to  prohibit  any  railroad  corporation 
from  piling  or  keeping  upon  its  location  or  right  of  way 
cross-ties  or  other  material  necessary  for  the  maintenance 
and  operation  of  its   railroad. 

Railroad  may  clear  adjacent  land — Notice  to  owner.  {  2. 
Any  railroad  corporation  may,  upon  giving  notice  accord- 
ing to  the  provisions  of  this  section,  enter  upon  unim- 
proved land  adjoining  any  location  or  right  of  way  upon 
which  it  operates  engines  burning  wood,  coke  or  coal 
and  may  there  at  its  own  expense  and  subject  to  the  di- 
rection of  the  forest  fireward,  or  the  officer  or  board 
having  his  powers,  in  the  city  or  town  in  which  the  land 
is  situated,  clear  such  land  of  dead  leaves,  dead  grass 
and  dead  wood  to  a  distance  of  100  feet  from  the  tracks 
without  thereby  becoming  liable  for  trespass;  provided 
that  no  railroad  corporation  shall,  under  the  provisiom 
of  this  section,  do  any  acts  on  unimproved  land  outsid* 
its  location  or  right  of  way,  unless  it  has  within  twt 
months  given  14  days'  notice  in  writing  by  mail  oi 
otherwise  to  the  occupant  of  the  land,  and  to  the  ownei 
thereof,  if  he  resides  or  has  a  usual  place  of  busineai 
in  the  city  or  town  in  which  it  is  situated,  and  if  thi 
land  is  unoccupied  and  the  owner  does  not  reside  o 
have  a  usual  place  of  business  in  the  city  or  town,  then 
unless  the  railroad  corporation  has  within  two  month; 
published  notice  of  its  purpose  once  in  three  successivi 
weeks  in  a  newspaper  published  in  the  county  in  whicl 
the  land  is  situated,  and  unless  it  has  within  three  day  ; 
given  at  least  24  hours'  notice  to  the  forest  fireward, 
or  the  officer  or  board  having  his  powers,  in  the  city  o- 
town  in  which  the  land  is  situated,  of  the  location  of  th  i 
land  which  it  intends  to  enter  under  the  provisions  of 
this  section,  and  of  the  time  at  which  it  intends  to  ente* 
the  same;  and  provided,  further,  that  no  notice  hereb' 
required  shall  be  valid  unless  it  sets  forth  the  provision  i 
of   this    section. 

tHre  signal.  §  3.  Any  engineer,  conductor  or  other  en  - 
ploye  on  a  train  who  discovers  a  fire  burning  uncoi  ■ 
trolled  on  lands  adjacent  to  the  tracks  shall  forthwit  i 
cause  a  fire  signal  to  be  sounded  from  the  engine,  whici 
shall  consist  of  one  long  and  three  short  whistle  blasts 
repeated  several  times,  and  shall  notify  the  next  section- 
men  whom  the  train  passes,  and  the  next  telegraph  stii- 
lion,  of  the  existence  and  location  of  the  fire.  The  pro- 
visions of  this  section  shall  not  affect  the  authority  con- 
ferred upon  the  board  of  railroad  commissioners  by  the 
provisions  of  §  148  of  part  II  of  chapter  463  of  the  Acts 
of  the  year  1906. 

Kxtinguishing  of  fires  by  employes.     §  4.     Sectionmen 


i 


Public  Service  Laws 


689 


or  other  emploj-es  of  a  railroad  corporation  who  receive 
notice  of  the  existence  and  location  of  a  fire  burning 
on  land  adjacent  to  the  tracks  shall  forthwith  proceed  to 
the  fire  and  shall  use  all  reasonable  efforts  to  extinguish 
it;  provided,  that  they  are  not  at  the  time  employed  in 
labors  immediately  necessary  to  the  safety  of  traclcs  or 
to  the  safety  and  convenience  of  passengers  and  the 
public. 

Facilities,  etc.  §  5.  Railroad  corporations  shall  inform 
their  employes  as  to  their  duties  under  this  Act  and  shall 
furnish  them  with  the  appropriate  facilities  for  reporting 
and    extinguishing  such   fires. 

Parks,  etc.,  exempted.  §  6.  Nothing  in  this  Act  shall  be 
construed  to  give  any  railroad  corporation  power  to  ente;' 
upon,  or  to  interfere  in  the  management  or  care  of,  any 
public   park  or  reservation. 

§  7.  This  Act  shall  take  effect  60  days  after  its  passage. 
[Approved  May  17,  1907.1 

ACTS  OF  1908,  CHAPTER  495. 

Commission  to  have  torpedoes  marked  dangerous.  S  !• 
It  shall  be  unlawful  for  a  railroad  or  railway  corporation 
and  for  any  ofllcer  or  employe  thereof  to  use  or  deposit 
a  torpedo  or  other  explosive  upon  or  near  the  tracks  of 
any  railroad  or  railway  for  the  purpose  of  signaling  or 
otherwise,  unless  there  is  plainly  and  conspicuously 
stamped  or  otherwise  permanently  marked  thereon  In 
a  manner  approved  by  the  board  of  railroad  commis- 
sioners a  word  or  words  indicating  that  such  torpedo  or 
other    explosive    is    dangerous. 

§  2.  This  Act  shall  take  effect  on  the  first  day  of  Octo- 
ber in  the  year  1908.     [Approved  May  5,  1908.] 

Tools  to  be  carried  in  case  of  accidents.    §  168.    Omitted. 

Railroad  commission  to  order  safeguards  against  fire. 
S 169.  Every  passenger,  baggage,  mail  and  express  car, 
which  is  owned  or  regularly  used  on  any  railroad  in  this 
commonwealth,  shall  be  provided  with  such  safeguards 
against  fire  as  the  board  of  railroad  commissioners  In 
writjpg  shall  order.  A  corporation  which  violates  the 
provisions  of  this  section  shall  forfeit  f300  for  each 
offense. 

To  approve  method  of  heating  cars.  §  170.  A  passenger, 
mail  or  baggage  car  in  this  commonwealth  shall  not  be 
heated  by  a  stove  or  furnace  which  is  kept  inside  the 
car  or  suspended  therefrom  unless  it  is  temporarily  nec- 
essary by  reason  of  an  accident  or  other  emergency,  and 
no  method  of  heating  such  cars  nor  heater  shall  be  used 
nnii'  it  shall  have  been  approved  In  writing  by  the  board 
of  railroad  commissioners;  but  said  board  may  from  time 
to  time  grant  such  exemptions  from  the  requirements  of 
this  section  as  may  seem  to  it  necessary  or  reasonable, 
and  may  grant  permission  to  any  railroad  corporation 
to  make  such  experiments  in  heating  its  passenger  cars 
as  said  board  determines  Is  proper.  A  corporation  which 
violtes  the  provisions  of  this  section  shall  forfeit  not 
more   than    $.500. 

Passenger  cars  not  to  be  lighted  by  explosive  oils.  §  171. 
A  passenger  car  on  a  railroad  shall'  not  be  lighted  by 
naphtha,  nor  by  an  illuminating  oil  or  fluid  made  in 
part  of  naphtha  or  which  will  ignite  at  a  temperature 
of  less  than  300  degrees  Fahrenheit.  A  corporation  which 
violates  the  provisions  of  this  section  shall  forfeit  not 
more    than    $500. 

Commission  to  specify  platform  gates.  §  172.  Every 
passenger,  baggage,  mail  and  express  car,  which  is  owned 
or  regularly  used  on  any  railroad  in  this  commonwealth, 
shall  be  provided  at  each  end  thereof  with  platform  gates 
of  a  pattern  approved  by  the  board  of  railroad  commis- 
sioners. A  railroad  corporation  which  hauls  or  uses  or 
permits  to  be  hauled  or  used  on  its  railroad  any  car  in 
violation  of  the  provisions  of  this  section  shall,  for  each 
offense,  forgeit  $100  to  the  use  of  the  commonwealth,  and 
the  attorney-general  or  the  district  attorney  for  the  dis- 
trict in  which  such  violation  occurred  shall  bring  an 
action    therefor. 

To  make  rules  for  testing  boilers,  etc.  S  173.  The  board 
of  railroad  commissioners  may  make  and  revise  regula- 
tions for  testing  boilers  of  locomotives  used  by  railroad 
corporations,  by  other  corporations,  and  by  persons,  firms 
or  associations  upon   any  railroad  or  railway  within  the 


commonwealth,  and  every  person,  firm,  association  and 
corporation  other  than  a  railroad  corporation  so  using  a 
locomotive  shall  Inform  said  board  in  writing  on  or  be- 
fore June  30  of  each  year  of  the  number  of  locomotives 
so  used  by  him  or  it,  together  with  the  length  of  track 
of  such  railroad  or  railway,  its  location  and  uses,  and 
such  other  information  as  the  board  may  require.  The 
provisions  of  this  section  shall  apply  to  railroads  for 
pi  hate  use  authorized  by  §  251  of  Part  II  of  this  Act. 
Tests  under  regulations  made  as  aforesaid  shall.  If  pos- 
sible, be  made  by  the  master  mechanic  of  the  corpora- 
tion, association,  person  or  firm  which  constructs,  repairs 
or  uses  the  boiler  of  the  locomotive,  and  the  report  of 
such  tests  shall  be  In  form  satisfactory  to  the  board.  A 
corporation,  association,  firm  or  person  using  a  locomo- 
tive in  this  commonwealth  the  boiler  of  which  has  not 
been  tested  in  accordance  with  the  provisions  of  this 
section  shall  be  punished  by  a  fine  of  $20  for  ev.ery  day 
after  notice  by  the  board  during  which  such  use  con- 
tinues.    [As  amended  by  Act  approved  May  3,  1909.] 

To  specify  mufflers,  etc.  §  174.  A  railroad  corporation 
which  uses  any  vacuum  brake  shall  provide  and  use  on 
every  locomotive  equipped  therewith  a  muffler  or  other 
appliance,  approved  in  writing  by  the  board  of  railroad 
commissioners,  for  deadening  tlie  noise  incident  to  the 
operation  of  such  brake;  but  any  other  appliance  may 
be  used  upon  any  locomotive  for  the  purpose  of  experi- 
ment only,  for  not  more  than  30  days,  but  not  upon  more 
than  two  locomotives  of  the  same  corporation  at  any  one 
time.  Every  application  to  said  board  for  approval  of 
such  appliances  shall  be  in  writing;  and  such  approval 
may  be  revoked  by  said  board  by  written  notice  to  the 
corporation. 

Safety  valves.  §  175.  A  railroad  corporation  which  uses 
upon  its  locomotives  a  pop  or  other  safety  valve  shall 
provide  and  use  therewith  a  suitable  and  sufficient  appli- 
ance for  deadening  the  sound  made  by  steam  escaping 
therefrom,  and,  if  it  materially  retards  the  escape  of 
steam  or  increases  the  pressure  upon  the  boiler,  the  cor- 
lX)ration  shall  use  an  additional  safety  valve  without 
such  appliance,  set  at  a  higher  point  than  the  other  but 
below  the  point  at  which  explosion  is  likely  to  occur. 

Penalty.     §  176.     Omitted. 

Railroad  to  furnish  reasonable  accommodations  for  pas- 
sengers.    §  177.    Omitted. 

Uniform  badges  for  employes.     §  178.     Omitted. 
Color-blindness.    §  179.    Omitted. 

An  Act  to  provide   for  one  day's  rest  in  seven.     Acts  of 
1907,  Chapter  577.     Omitted. 

Commission  may  require  further  appliances.  §  180.  The 
board  of  railroad  commissioners  may  require  a  railroad 
corporation  to  equip  its  cars  with  such  other  appliances  as, 
in  the  judgment  of  said  board,  are  necessary  for  the  fur- 
ther protection  of  life  in  all  passenger  trains  used  in  this 
commonwealth. 

State  may  regulate  use  of  railroad.  §  181.  A  railroad 
corporation  may  establish  for  Its  sole  benefit  fares,  tolls 
and  charges  upon  all  passengers  and  property  conveyed 
or  transported  on  its  railroad,  at  such  rates  as  may  be 
determined  by  its  directors,  and  may  from  time  to  time 
by  its  (ilrectors  regulate  the  use  of  its  railroad;  but  such 
fares,  tolls  and  charges,  and  such  regulations,  shall  ba 
subject  to  revision  and  alteration  by  the  general  court, 
or  by  such  officers  or  persons  as  it  may  appoint  for  the 
purpose,  anything  in  the  charter  of  the  railroad  corpora- 
tion  to   the  contrary   notwithstanding. 

Extra  fares  regulated.  §  182.  A  railroad  corporation 
shall  not  demand  or  receive  for  any  single  ticket  bought 
or  fare  paid  on  a  train  or  elsewhere  than  at  Its  ticket 
offices  more  than  10  cents  in  excess  of  the  tariff  rates 
charged  at  its  ticket  offices.  When  such  excess  is  re- 
ceived, the  conductor  or  other  person  receiving  it  shall 
give  to  the  passenger  a  printed  certificate  which  shall 
entitle  him  to  receive  the  excess  so  paid  at  any  station 
of  the  corporation  in  exchange  for  such  certificate.  A 
railroad  corporation  which  violates  any  provision  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  $10 
nor    more   than   $50. 

Commutation  tickets.  §  183.  Repealed  by  the  following 
statute. 


690 


National  Association  of  R4.ilwat  Comsiissioners 


ACTS  OF  1908,  CHAPTER  649. 


Mileage  tickets,  detachment  of  coupons.  §  1.  Every 
railroad  corporation  issuing  mileage  tickets  shall,  upon 
liresentation  of  such  ticket  by  a  passenger,  detach  there- 
from one  coupon  and  no  more  for  each  mile  and  fraction 
thereof  actually  traveled;  provided,  however,  that  for 
distances  less  than  three  miles  three  coupons  may  so  be 
detached.  Distances  to  or  from  the  station  kftown  as 
Back  Bay  on  the  New  York,  New  Haven  &  Hartford 
Railroad,  and  the  stations  known  as  Trinity  Place  and 
Huntington  Avenue  on  the  Boston  &  Albany  Railroad, 
shall  be  computed  as  if  to  or  from  the  Boston  terminal 
station. 

Commutation  tickets.  §  2.  Every  railroad  corporation 
which  has  a  terminus  in  Boston,  except  the  Boston, 
Revere  Beach  &  Lynn  Railroad  Company,  shall  sell  a 
commutation  ticket  good  for  not  more  than  12  rides  be- 
tween Boston  and  each  station  on  its  lines  within  15 
miles  of  its  terminal  station  in  Boston,  at  a  price  not 
exceeding  the  average  rate  for  each  trip  which  was 
charged  between  said  points  for  the  25-ride  commutation 
tickets  in  use  on  the  first  day  of  January  in  the  year 
1908,  excepting  that  the  minimum  fare  shall  be  5  cents. 
The  said  tickets,  before  issuance,  shall  be  subject  to  ap- 
proval by  the  board  of  railroad  commissioners  both  as 
^o  the  rate  of  fare  and  the  conditions  named  therein.  So 
far  as  is  practicable,  the  rates  of  fare  on  all  roads  for 
like  disti:nces  from  their  terminal  stations  shall  be  equal. 
In  any  city  or  town  where  the  said  12-ride  ticket  shall 
exceed  in  price  the  price  now  charged  per  trip  for  th« 
25-rid(?  ticket,  then  thereafter  in  the  said  city  or  town 
the  sai:!  railroad  companies  shall  continue  to  have  for 
sale   a   25-ride   ticket   at   the   existing  price. 

Repeal.  §  3.  Section  183  of  part  II  of  chapter  463  of 
the  Acts  of  the  year  1906  is  hereby  repealed.  [Approved 
June  13,  1908.] 

Commission  to  provide  for  cheap  morning  and  evening 
trains.  §  187.  Every  railroad  corporation  which  has  a  ter- 
minus in  Boston  shall,  upon  the  application  of  200  or 
more  persons  therefor,  furnish  on  each  week  day  a 
morning  train  in  and  an  evening  train  out  for  distances 
not  exceeding  15  miles,  or  suitable  cars  attached  to  other 
trains,  and  reaching  and  leaving  Boston  at  about  6 
o'clock  in  the  forenoon  and  afternoon,  or  at  such  hours 
as  may  be  fixed  by  the  board  of  railroad  commissioners; 
and  for  such  trains,  shall  furnish  season  tickets  good 
once  a  day  each  way  for  six  days  in  the  week,  at  a  rate 
not  exceeding,  for  yearly  tickets,  $3  a  mile  and  for  quar- 
terly  tickets,   $1  a  mile. 

Workingmen's  trains.  §  188.  Every  railroad  corpora- 
tion which  has  a  terminus  in  Boston  shall  furnish  such 
number  of  workingmen's  trains,  not  less  than  two  each 
way,  as  the  board  of  railroad  commissioners,  upon  a 
petition  for  such  trains  filed  with  it,  shall  in  each  case 
order.  Such  trains  shall  arrive  at  Boston  between  6 
and  7:30  o'clock  in  the  morning  and  leave  Boston  be- 
tween the  same  hours  in  the  evening,  and  special  cars 
may  be  provided  therefor.  Season  tickets,  good  once 
a  day  each  way  for  six  days  in  the  week,  shall  be  fur- 
nished for  such  trains  at  a  rate  not  exceeding,  for  yearly 
tickets,  $3  a  mile,  and  for  quarterly  tickets,  $1  a  mile. 
Trip  tickets  now  issued  shall  be  good  on  the  two  trains 
authorized  by  this  section,  and  shall  not  be  withdrawn 
nor  the  rate  therefor  be  increased  without  the  consent 
of   the    board   of   railroad    commissioners. 

Season  tickets  for  express  messengers.  §  189.  Every 
railroad  corporation  shall  sell  to  an  express  messenger 
or  to  a  person  who  conducts  a  local  express  business,  as 
provided  in  §  197,  in  its  trains  or  cars  within  this  com- 
monwealth, a  season  ticket  for  his  personal  transporta- 
tion, at  a  price  not  exceeding  that  at  which  similar 
tickets  are  sold  to  passengers,  upon  receiving  from  him 
a  release  of  all  right,  to  whomsoever  accruing,  to  dam- 
ages or  compensation  for  death  or  for  any  personal  in- 
Jury  received  by  him  while  riding  on  such  ticket.  The 
supreme  judicial  court  or  the  Superior  Court  shall  have 
jurisdiction  to  enforce  the  provisions  of  this  section  by 
Injunction,   mandamus   or   other   suitable   process. 

Free  passes  to  State  officers  fortidden.  §  190.  Any  per- 
son who,  being  governor,  lieutenant-governor,  member  of 
the  council,  member  or  member  elect  of  the  general 
court,   justice    of   the   supreme   judicial   court,   justice   of 


the  Superior  Court,  judge  of  probate,  justice  of  a  polico,IH 
district  or  municipal  court  or  a  county  commissioner,  who 
requests,  for  himself  or  another,  accepts  or  uses  any 
free  pass  upon  a  railroad,  or  any  ticket  which  entitles 
him  to  transportation  upon  a  railroad,  for  which  he  has 
paid  a  less  price  than  is  demanded  of  the  public  gen- 
erally, and  an  officer,  agent  or  employe  of  a  railroad  cor- 
poration who  issues,  delivers  or  offers  to  any  person  here- 
inbefore mentioned  or  to  or  for  any  other  person  at  the 
request,  solicitation  or  procurement  of  any  such  person 
a  free  pass  or  any  ticket  which  entitles  him  to  trans- 
portation at  a  less  rate  of  fare  than  is  demanded  of  the 
public  generally,  shall  be  punished  by  a  fine  of  not  less 
than    $100   nor   more   than    $1,000. 

Receipts  to  shippers  of  merchandise.  §  195.  A  railroad 
corporation  shall,  upon  request  without  additional  charge, 
give  a  receipt  describing  articles,  packages  or  commod- 
ities not  extra  hazardous  delivered  to  it  for  transporta- 
tion. A  corporation  which  refuses  to  give  such  receipt,^ 
shall  forfeit  $50  to  the  person  who  Is  entitled  thereto.    ■■ 

Equal  facilities  to  all  shippers  of  milk.  §  202.  A  rail- 
road corporation  shall  not  receive,  forward  or  deliver 
milk  in  large  quantities  over  any  portion  of  its  line,  or 
permit  others  so  to  do,  under  contract,  lease  or  hiring 
of  ears  or  otherwise,  without  at  the  same  time  pro- 
viding, as  regards  time,  care  and  preservation  of  the 
milk  and  the  return  of  the  empty  cans,  equal  facilities 
and  advantages  for  receiving,  forwarding  and  delivering 
milk  by  the  can  over  the  same  portion  of  its  line;  nor 
without  establishing  a  tariff  for  the  milk  by  the  can 
which  is  fairly  proportionate  to  the  rate  which  it  charges 
or  receives  as  aforesaid  for  milk  in  large  quantities. 

Railroad  commission  to  fix  milk  tariff.  §  203.  Upon  the 
petition  of  one  or  more  persons  who  desire  to  forward  milk 
by  the  can  over  any  railroad  or  any  portion  or  portions 
thereof,  the  board  of  railroad  commissioners,  after  notice  to 
the  railroad  corporation  and  a  hearing,  shall  ascertain  and 
compare  the  tariff  established  as  aforesaid  for  milk 
by  the  can  with  the  rate  charged  or  received  as  afore- 
said for  milk  in  large  quantities  over  such  railroad  or 
such  portion  or  portions  thereof;  and  it  the  former  Is, 
in  the  judgment  of  said  board,  unreasonably  high,  as 
compared  with  the  latter,  said  board  shall  revise  said 
tariff  and  shall  fix  such  rate  for  milk  by  the  can  as  In 
its  judgment  is  fairly  proixirtionate  to  the  rate  for  milk 
in  large  quantities,  Including  in  both  cases  the  same  care 
and  preservation  of  the  milk  and  the  return  of  the  empty 
cans,  as  aforesaid;  and  shall  notify  the  corporation  in 
writing  of  the  rate  by  the  can  so  fixed  over  such  rail- 
road or  such  portion  or  portions  thereof;  but  milk  received 
by  one  railroad  corporation  from  another  shall  not  be  con- 
sidered as  received  at  the  point  of  junction  of  the  two  rail- 
roads, in  comparing  and  fixing  as  aforesaid  the  rate  for 
milk  by  the  can  tendered  at  such  point  of  junction. 

Penalties.  §  204.  A  railroad  corporation  which  refuses 
or  neglects  to  receive,  forward  or  deliver  milk  by  the 
can  over  its  railroad  or  any  portion  thereof  at  the  tar- 
iff rate  therefor,  as  provided  In  the  preceding  section, 
shall  forfeit  to  the  person  who  tenders  the  same  $5 
for  each  and  every  can  of  milk  which  it  so  refuses  to 
receive  or  neglects  to  forward  and  deliver  at  the  said 
tariff  rate. 

Change  of  corporate  name.  §  223.  Upon  the  application 
of  any  railroad  corporation,  authorized  by  a  vote  of 
two-thirds  of  the  stockholders  present  and  voting  at  a 
meeting  called  for  the  purpose,  the  board  of  railroad 
commissioners  may,  after  public  notice  and  a  hearing, 
authorize   such  corporation  to  change  its  name. 

Railroad  commission  to  require  notice.  §  224.  A  certi- 
fied copy  of  such  authorization  and  a  certificate  of  the 
vote  of  the  corporation,  signed  and  sworn  to  by  the 
president,  treasurer  and  a  majority  of  the  directors, 
shall  be  filed  in  the  ofllce  of  the  secretary  of  the  com- 
monwealth. The  board  of  railroad  commissioners  shall 
require  public  notice  to  be  given  of  the  change  so  author- 
ized; and  upon  receipt  of  proof  thereof  the  secretary 
of  the  commonwealth  may  grant  a  certificate  of  the 
name  which  the  corporation  shall  bear,  which,  subject 
to  the  provisions  of  §  14,  shall  thereafter  be  its  legi 
name. 

Rights  under  new  name.    §  225.    A  railroad  corporatl 
shall  have  the  same  rights,  powers  and  privileges,  and  be 


0»^ 


Public  Service  Laws 


691 


bject  to  the  same  duties,  obligations  and  liabilities, 
der  its  new  name  as  before  its  name  was  changed, 
.d  may  sue  and  be  sued  by  its  new  name;  but  any 
tion  brought  against  it  by  its  former  name  shall  not 
defeated  on  that  account,  and,  on  motion  of  either 
rty,   the   new   name   may   be   substituted   therefor. 

REVISED  LAWS,  CHAPTER  106,  §§  62,  63. 

Railroad  commission  may  exempt  from  weekly  pay  stat- 
e.  §  62.  Every  manufacturing,  mining  of  quarrying, 
jrcantile,  railroad,  street  railway,  telegraph  or  tele- 
one  corporation,  every  incorporated  express  company 
water  company,  and  every  contractor,  person  or 
rtnership  engaged  in  any  manufacturing  business.  In 
y  of  the  building  trades,  in  quarries  or  mines,  upon 
blic  works  or  in  the  construction  or  repair  of  rail- 
ids,  street  railways,  roads,  bridges  or  sewers  or  of 
s,  water  or  electric  light  works,  pipes  or  lines,  shall 
y  weekly  each  employe  engaged  in  his  or  its  business 
3  wages  earned  by  him  to  within  six  days  of  the  date 

said  payment;  and  the  commonwealth,  its  officers, 
ards  and  commissions  shall  so  pay  every  mechanic, 
irkman  and  laborer  who  is  employed  by  it  or  them, 
d  every  city  shall  so  pay  every  employe  who  is  en- 
ged  in  Its  business,  unless  such  mechanic,  workman, 
)Orer  or  employe  requests  in  writing  to  be  paid  in  a 
terent  manner;  and  every  town  and  county  shall  so 
y  each  employe  in  its  business  if  so  required  by  him; 
t  an  employe  who  is  absent  from  his  regular  place  of 
)or  at  a  time  fixed  for  payment  shall  be  paid  thereafter 

demand.    The  provisions  of  the  section  shall  not  apply 

an  employe  of  a  co-operative  corporation  or  association 

he  is  a  stockholder  therein  unless  he  requests  such 
rporation  to  pay  him  weekly.  The  board  of  railroad 
mmissioners,  after  a  hearing,  may  exempt  any  rail- 
id  corporation  from  paying  weekly  any  of  its  em- 
lyes  if  It  appears  to  the  board  that  such  employes 
jfer  less  frequent  payments,  and  that  their  interests 
a  the  interests  of  the  public  will  not  suffer  thereby. 
I   corporation,   contractor,   person   or   partnership   shall 

a  special  contract  with  an  employe  or  by  any  other 
lans  exempt  himself  or  Itself  from  the  provisions  of  this 
J  the  following  section.  Whoever  violates  the  provi- 
ns  of  this  section  shall  be  punished  by  a  fine  of 
t  less  than  $10  nor  more  than  $50. 

Complaints — Assignments  of  wages.    §  63.    The  chief  of 

>  district  police  or  an  inspector  of  factories  and 
blic  buildings  may  make  a  complaint  against  any  per- 
1  for  a  violation  of  the  provisions  of  the  preceding 
;tlon.  Complaints  for  such  violations  shall  be  made 
thin   30   days   after   the  date  thereof  and  on  the  trial 

defense    for   failure   to    pay   as   required,   other   than 

>  attachment  of  such  wages  by  the  trustee  process  or 
valid  assignment  thereof  or  a  valid  set-off  against 
)  same  or  the  absence  of  the  employe  from  his  regular 
ice  of  labor  at  the  time  of  payment  or  an  actual 
ider  to  such  employe  at  the  time  of  payment  of  the 
ges  so  earned  by  him,  shall  be  valid.  The  defendant 
all  not  set  up  as  a  defense  a  payment  of  wages  after 
}  bringing  of  the  complaint.  An  assignment  of  future 
■ges  which  are  payable  weekly  under  the  provisions  of 
s  chapter  shall  not  be  valid  if  made  to  the  person 
im  which  such  wages  are  to  become  due  or  to  any  person 

his  behalf  or  it  made  or  procured  to  be  made  to 
other  person  for  the  purpose  of  relieving  the  employer 
im  the  obligation  to  pay  weekly.     The  word  "person" 

this  section  shall  include  the  corporations,  contrac- 
■s,  persons  and  partnerships  described  In  the  preceding 
;tion. 

CARRIAGE     OF    EXPLOSIVES. 

§  1.  Sections  99,  100  and  101  of  chapter  102  of  the  Re- 
ied  Laws  are  hereby  repealed;  but  this  repeal  shall  not 
ect  any  suit,  prosecution  or  other  proceeding  pending  at 
s  time  of  the  repeal. 

§  2.  The  detective  and  fire  Inspection  department  of  the 
strict  police  may  adopt  and  prescribe  regulations  for  the 
insportation  of  gunpowder  and  other  explosives  or  ex- 
jsive  or  inflammable  fluids  or  compounds  by  steam  rail- 
ids  or  otherwise,  and  may  from  time  to  time  change  or 
lend  such  regulations. 

§  3.  The  rules  heretofore  made  by  the  board  of  railroad 
mmissioners  under  authority  conferred  by  §  99  of 
apter  102  of  the  Revised  Laws,  and  now  in  force,  shall 


continue  In  force  until  superseded  or  annulled  by  the  detec- 
tive and  fire  Inspection  department  of  the  district  police 
acting  under  the  authority  of  this  Act. 

§  4.  Whoever  knowingly  violates  or  knowingly  causes 
or  permits  the  violation  of  any  regulation  adopted  and  pre- 
scribed under  the  authority  of  this  Act  shall  be  punished  by 
a  fine  not  exceeding  $1,000,  or  by  Imprisonment  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment.    [Approved  June  3,  1910.] 

REVISED  LAWS,  CHAPTER  102.  §§96-105. 

Explosives — How  kept.  §  96.  No  person,  unless  on  mili- 
tary duty  in  the  public  service  of  the  United  States  or  of 
this  commonwealth,  shall  keep,  have  or  possess,  in  a  build- 
ing, place,  vehicle  or  vessel,  within  one  rod  of  a  dwelling 
house,  any  explosive  in  quantity  exceeding  one-fifth  of  a 
pound  in  any  way  or  manner  prohibited  by  the  provisions 
of  the  nine  following  sections,  or  by  any  ordinance  or  by- 
law which  may  be  made  in  accordance  with  the  provisions 
of  the  following  section. 

Manufacture,  storage,  etc.  §  97.  The  city  council  of  a 
city  or  town  may  make  ordinances  and  by-laws,  not  incon- 
sistent with  the  provisions  hereof  or  with  rules  made  by 
the  board  of  railroad  commissioners  as  authorized  by  §  99, 
for  the  protection  of  life  and  property,  relative  to  the  keep- 
ing, storage,  use,  manufacture  or  sale  of  •cploslves,  and 
may  regulate  the  transportation  thereof  through  the  streets 
or  highways  of  such  city  or  town,  and  affix  penalties  of  not 
more  than  $50  for  each  violation  thereof. 

Licenses  for  sale  and  use.  §  98.  The  mayor  and  alder- 
men and  the  selectmen,  respectively,  may  license,  upon  such 
terms  as  may  be  prescribed  in  such  ordinances  or  by-laws, 
the  keeping,  storage,  transportation,  use,  manufacture  or 
sale  of  explosives  within  the  limits  of  such  city  or  town. 

"Explosive"  defined.  §  105.  The  word  "explosive"  or 
"explosives,"  as  used  in  §§  96  to  103,  inclusive,  and  §  120, 
shall  be  understood  to  include  gun  cotton,  nltro  glycerine 
or  any  compound  thereof,  and  any  fulminate  or  any  sub- 
stance intended  to  be  used,  by  exploding  or  Igniting  the 
same,  to  produce  a  force  to  propel  missiles  or  to  rend  apart 
substances,  except  gunpowder. 

TAXATION. 

Annual  returns  to  tax  commissioner.  §  211.  Every  rail- 
road corporation  organized  under  general  or  special  laws 
of  the  commonwealth,  in  addition  to  all  returns  required 
by  Its  charter,  shall  annually,  between  the  first  and  tenth 
days  of  May,  return  to  the  tax  commissioner,  under  the 
oath  of  its  treasurer,  a  complete  list  of  its  shareholders, 
their  residences,  the  number  of  shares  belonging  to  each, 
the  amount  of  the  capital  stock  of  the  corporation,  its 
place  of  business  and  the  par  value  and  market  value  of 
the  shares  made  up  as  of  said  first  day  of  May.  If  stock 
is  held  as  collateral  security,  such  returns  shall  state  the 
name  and  residence  of  the  pledgor  and  of  the  pledgee.  It 
shall  also  contain  a  statement  in  detail  of  the  works,  struc- 
tures, real  estate  and  machinery  owned  by  said  corpora- 
tion and  subject  to  local  taxation  within  the  commonwealth, 
and  of  the  location  and  value  thereof.  A  railroad  corpora- 
tion, whether  chartered  or  organized  In  this  commonwealth 
or  elsewhere,  shall  also  state  In  Its  return  the  whole  length 
of  its  lines,  and  so  much  of  the  length  of  its  lines  as  is 
without  the  commonwealth. 

Valuation  of  corporate  franchise,  etc. — Deductions.  §  212. 
The  tax  commissioner  shall  ascertain  from  the  returns  or 
otherwise  the  true  market  value  of  the  shares  of  each  rail- 
road corporation,  and  shall  estimate  therefrom  the  fair  cash 
value  of  all  of  said  shares  constituting  its  capital  stock  on 
the  preceding  1st  day  of  May,  which,  unless  by  the  charter  of 
the  corporation  a\  different  method  of  ascertaining  such 
value  Is  provided,  shall,  for  the  purposes  of  this  Act,  be 
taken  as  the  true  value  of  its  corporate  franchise.  From 
such  value  there  shall  be  deducted.  In  case  of  a  railroad 
corporation,  whether  chartered  or  organized  in  this  com- 
monwealth or  elsewhere,  so  much  of  the  value  of  its  capi- 
tal stock  as  is  proportional  to  the  length  of  that  part  of 
its  line,  if  any,  lying  without  the  commonwealth;  and  also 
the  value  of  its  real  estate  and  machinery  subject  to  local 
taxation  within  the  commonwealth. 

For  the  purposes  of  this  section,  the  tax  commissioner 
may  take  the  value  at  which  such  real  estate  and  machin- 
ery is  assessed  at  the  place  where  it  Is  located  as  the  true 
value,  but  such  local  assessment  shall  not  be  conclusive  of 
the  true  value  thereof. 


693 


Corporation  to  appeal  from  local  valuation— When. 
§  213.  The  tax  commissioner  may  require  the  corporation 
to  prosecute  an  appeal  from  the  valuation  of  Its  real 
estate  or  maciiinery  by  the  assessors  of  a  city  or  town, 
either  to  the  county  commissioners  or  to  the  Superior 
Court,  whose  decision  shall  be  conclusive  upon  the  ques- 
tion of  value.  Upon  such  appeal  the  tax  commissioner 
may  be  heard,  and  in  the  Superior  Court  costs  may  be 
awarded    as   justice  requires. 

Tax  to  6e  paid  on  corporate  franchise — Rate — How  de- 
termined. §  214.  Every  railroad  corporation  shall  annually 
pay  a  tax  upon  its  corporate  franchise,  after  making 
the  deductions  provided  for  in  §  212,  at  a  rate  determined 
by  an  apportionment  of  the  whole  amount  of  money 
to  be  raised  by  taxation  upon  property  in  the  common- 
wealth during  the  same  year,  as  returned  by  the  as- 
sessors of  the  several  cities  and  towns,  under  the  pro- 
visions of  §  93  of  chapter  12  of  the  Revised  Laws,  upon 
the  aggregate  valuation  of  all  cities  and  towns  for  the 
preceding  year,  as  returned  under  §  §  GO  and  61  of  said 
chapter;  but  if  the  return  from  any  city  or  town  Is 
not  received  prior  to  the  twentieth  day  of  August,  the 
amount  raised  by.  taxation  in  said  city  or  town  for  the 
preceding  year,  as  certified  to  said  secretary  of  the  com- 
monwealth, i#iy  be  adopted  for  the  purpose  of  this 
determination.  The  amount  of  tax  assessed  upon  polls 
for  the  preceding  pear,  as  certified  to  said  secretary, 
may  be  taken  as  the  amount  of  poll  tax  to  be  deducted 
from  the  whole  amount  to  be  raised  by  taxation,  in  as- 
certaining the  amount  to  be  raised  upon  property. 

REVISED  LAWS,  CHAPTER  12,   §§  61,  93» 

Assessors  triennially  to  deposit  with  the  secretary  of 
the  commonwealth  copies  of  valuation  books.  §  61.  The 
assessors  of  cities  and  towns,  except  the  city  of  Boston, 
shall,  on  or  before  the  first  day  of  October  in  the  year 
1904  and  in  every  third  year  thereafter,  deposit  in  the 
ofliice  of  the  secretary  of  the  commonwealth,  in  books 
to  be  by  him  provided  for  the  purpose,  a  copy  of  the 
assessors'  valuation-books  of  those  years,  to  be  by  them 
certified  under  oath.  Said  assessors  shall  also  an- 
nually, on  or  before  the  first  day  of  October,  and  the 
assessors  of  the  city  of  Boston,  on  or  before  the  first 
day  of  November,  in  like  manner  deposit  an  attested 
copy  of  the  table  of  aggregates  required  by  the  provi- 
sions  of  the  preceding  section. 

Returns  to  tax  commissioner  of  corporate  property  and 
amount  of  taxes  laid.  §  93.  Assessors  shall  annually,  on 
or  before  the  first  Monday  of  August,  return  to  the  tax 
commissioner  the  names  of  all  corporations,  except 
banks  of  issue  and  deposit,  having  a  capital  stock  di- 
vided into  shares,  chartered  by  the  commonwealth  or 
organized  under  the  general  laws  for  the  purposes  of 
business  or  profit  and  established  in  their  respective 
cities  and  towns  or  owning  real  estate  therein,  and  a 
statement  in  detail  of  the  works,  structures,  real  estate 
and  machinery  owned  by  each  of  said  corporations  and 
situated  in  such  city  or  town,  with  the  value  thereof, 
on  the  first  day  of  May  preceding,  and  the  amount  at 
which  the  same  is  assessed  In  said  city  or  town  for 
the  then  current  year.  They  shall  also,  at  the  same 
time,  return  to  the  tax  commissioner  the  amount  of 
taxes  laid,  or  voted  to  be  laid,  within  said  city  or 
town,  for  the  then  current  year,  for  State,  county  and 
town  purposes.  If  the  assessors  neglect  to  comply  with 
the  requirements  of  this  section,  each  assessor  so  neg- 
lecting   shall    forfeit    $100. 

Remedy  of  corporation  when  assessors'  valuation  of  real 
estate  exceeds  tax  commissioner's.  §  215.  If  the  value  of  the 
real  estate  and  machinery  of  a  railroad  corporatlou 
subject  to  local  taxation  within  the  commonwealth,  as 
determined  by  the  tax  commissioner,  is  less  than  the 
value  thereof  as  determined  by  the  assessors  of  the 
place  where  it  is  situated,  he  shall  give  notice  of  his 
determination  to  such  corporation;  a#d,  unless  within 
one  month  after  the  date  of  such  notice  it  applies  to 
said  assessors  for  an  abatement,  and,  upon  their  refusal 
to  grant  an  abatement,  prosecutes  an  appeal  under  the 
provisions  of  §  27  of  chapter  12  of  the  Revised  I^ws, 
giving  notice  thereof  to  the  tax  commissioner,  the  val- 
uation of  said  commissioner  shall  be  conclusive  upon 
Bald  corporation. 


N^ATioxAL  Association  of  Eailway  Commissioners 

REVISED  LAWS,  CHAPTER  12,  §  77. 


I 


Appeal  to  county  commissioners.  §77.  A  person  aggrieve 
by  the  refusal  of  assessors  to  abate  a  tax  ma: 
within  30  days  after  receiving  the  notice  provide 
in  the  preceding  section,  appeal  therefrom  by  fl 
Ing  a  complaint  with  the  clerk  of  the  count 
commissioners,  or  of  any  board  exercising  the  powe; 
of  such  commissioners,  for  the  county  in  which  the  pro 
erty  taxed  is  situated,  and  if  upon  a  hearing  the  boai 
finds  that  the  property  has  been  overrated,  it  sha 
make  a  reasonable  abatement  and  an  order  as  to  cost 
If  the  list  required  to  be  brought  in  to  the  assessoi 
was  not  brought  in  within  the  time  specified  in  tl 
notice  required  by  §  41,  the  tax  shall  not  be  abatf 
unless  the  appellate  board  finds  that  there  was  go< 
cause  for  the  delay  or  unless  the  assessors  have  so  foui 
as  provided  in  §  74.  No  costs  shall  be  allowed  to 
complainant  who  has  failed  to  file  a  list  as  required  1 
law. 

EXEMPTION  and  APPORTIONMENT. 

Exemption  from  local  taxation — Apportionment.  §  21 
No  taxes  shall  be  assessed  in  a  city  or  town  for  iUal 
county  or  town  purposes,  upon  the  shares  in  the  cuplt 
stock  of  a  railroad  corporation  for  any  year  for  lifhli 
it  pays  to  the  treasurer  and  receiver-general  a  tax  < 
its  corporate  franchise.  Such  proportion  of  tht  ti 
collected  of  each  railroad  corporation  as  corresiioo 
to  the  proportion  of  its  stock  owned  by  persons  resi 
ing  in  this  commonwealth  shall  be  distributed,  crt  dit 
and  paid  to  the  several  cities  and  towns  in  which,  fro 
the  returns  or  other  evidence,  it  appears  that  su 
persons  resided  on  the  preceding  first  day  of  Ma;-,  t 
cording  to  the  number  of  shares  so  held  in  such  citl 
and  towns  respectively.  If  stock  is  held  by  copar  nei 
guardians,  executors,  administrators  or  trustees,  t 
proportion  of  tax  corresponding  to  the  amount  of  sto 
so  held  shall  be  credited  and  paid  to  the  cities  a: 
towns  where  the  stock  would  have  been  taxed  md 
the  provisions  of  clauses  4,  5,  6  and  7  of  §  23  an(  § 
of  chapter  12  of  the  Revised  Laws.  If  a  city  or  to\ 
owns  such  stock,  a  return  to  said  city  or  town  shi 
be  made  as  If  it  were  owned  by  persons  resident  th  >re 

Reports  to  railroad  commission.  §  1.  The  a  mi 
returns  now  required  by  law  to  be  made  to  the  bos  rd 
railroad  commissioners  shall  be  returns  for  the  yea  ei 
ing  on  the  thirtieth  day  of  June,  and  shall  be  transi  litt 
to  said  board  on  or  before  the  thirtieth  day  of  the  foil  )wl 
September,  upon  blank  forms  of  return  to  be  furnlsl  ed 
the  board.  The  time  within  which  all  returns  are  rei  uir 
by  law  to  be  made  to  the  hoard  may  be  extended  1  y  t 
board  to  such  date  subsequent  thereto  as  it  may,  foi  go 
cause  shown,  fix  in  any  case.  [As  amended  by  Act  apj  rov 
May  25,  1910.] 

Returns  in  the  year  1910.  S  2.  The  return  requi  ed 
the  preceding  section  to  be  filed  for  the  period  i  ndi 
on  the  thirtieth  day  of  June,  in  the  year  1910,  sh 
cover  the  doings  of  street  railway  companies  and  evt 
person,  firm,  association  or  corporation  doing  t  n  ( 
press  business  upon  either  a  railroad  or  a  railw  ay 
this  commonwealth  tor  the  preceding  nine  r  loni 
only,  and  said  period  of  nine  months  shall 
deemed,  under  the  provisions  of  §  68  of  chapt<  r  ( 
be  deemed,  under  the  provisions  of  §368  of  chapt  'r  i 
of  the  Acts  of  the  year  1908,  subdivision  5,  relative 
the  investment  of  deposits,  and  the  income  derived  the 
from,  of  savings  banks  In  the  bonds  of  street  railw 
companies,  as  one  of  the  five  years  therein  n  fen 
to,  but  the  requirement  that  dividends  equal  to  a  lei 
5  per  cent  upon  all  the  outstanding  capital  stock  of 
street  railway  company  shall  have  been  earned  and  pi 
In  cash  in  each  of  said  five  years,  shall  not  apply  o  si 
period  of  nine  months;  and  any  street  railway  ccmpa 
which  shall  have  earned  and  paid  in  dividends  i  i  C8 
an  amount  equal  to  5  per  cent  upon  all  outstandi 
capital  stock  In  each  of  the  five  preceding  yearn,  w 
the  exception  of  said  nine  months  period,  shall 
included  in  the  list  to  be  certified  and  transmitted 
the  board.  The  list  required  by  the  provisions  of  8i 
§  68  to  be  certified  and  transmitted  to  the  bank  comp 
sioner  shall,  after  the  passage  hereof,  be  so  certif 
and  transmitted  on  or  before  the  fifteenth  day  of  : 
cember  in  each  year. 


Public  Service  Laws 


693 


Annual  returns  to  tax  commissioner.  §  3.  Amends  §  125 
of  part  III  of  chapter  463  of  the  Acts  of  1906  to  read  as 
follows:  §  125.  Every  street  railway  company  organized 
under  general  or  special  laws  of  the  commonwealth,  tn 
addition  to  all  returns  required  by  its  charter,  shall 
annually,  between  the  first  and  tenth  days  of  April, 
return  to  the  tax  commissioner,  under  the  oath  of  Its 
treasurer,  the  amount  of  capital  stock  of  the  company. 
Its  place  of  business  and  the  par  value  and  market 
value  of  the  shares  made  up  as  of  said  first  day  of  April. 
It  shall  also  contain  a  statement  in  detail  of  the  works, 
structures,  real  estate  and  machinery  owned  by  said 
company  and  subject  to  local  taxation  within  the  com- 
monwealth, and  of  the  location  and  value  thereof.  A 
street  railway  company,  whether  chartered  or  organized 
in  this  commonwealth  or  elsewhere,  shall  also  state  in 
its  return  the  whole  length  of  its  line,  and  so  much 
of  the  length  of  its  line  as  without  the  commonwealth; 
also  the  length  of  track  operated  by  it  in  each  city  and 
town  ou  the  thirtieth  day  of  June  preceding  the  return, 
to  be  determined  by  measuring  as  single  track  the  total 
length  of  all  tracks  operated  by  it  including  sidings  and 
turn-outs  whether  owned  or  leased  by  it  or  over  which 
it  has  trackage  rights  only;  and  the  amount  of  dividends 
paid  on  its  capital  stock  during  the  year  ending  on  such 
preceding  thirtieth  day  of  June,  and  during  the  year 
ending  on  the  thirtieth  day  of  September  prior  to  Sep- 
tember 30,  1910,  and  during  each  year  ending  on  the 
thirtieth  day  of  June  beginning  with  the  year  ending 
on  the  thirtieth  day  of  June,  1911,  from  the  organization 
of  the  company,  and  the  amount  of  such  dividends  paid 
during  the  nine  months  ending  on  the  thirtieth  day  of 
June.    1910. 

Additional  corporate  franchise  tax.  §  4.  Amends  §  130 
of  part  III  of  chapter  463  to  read  as  follows:  §  130.  If  an 
operating  street  railway  company,  including  a  company 
whose  lines  are  located  partly  within  and  partly  without 
the  limits  of  the  commonwealth,  whether  chartered  or 
organized  under  the  laws  of  this  commonwealth  or  else- 
where, has  paid,  during  the  nine  months  ending  on  the 
thirtieth  day  of  June  in  the  year  1910  or  during  the 
year  ending  on  the  thirtieth  day  of  June  in  the  year 
1911  in  any  supbsequent  year  preceding  the  date  of  the 
return  required  by  §  l.?5  dividends  exceeding  in  the 
aggregate  8  per  cent  upon  its  capital  stock,  it  shall  for 
every  such  year,  in  addition  to  the  tax  required  by 
§  128,  pay  a  tax  equal  to  the  amount  of  such  excess 
to  be  determined  as  therein  provided  by  the  tax  com- 
missioner; but  such  additional  tax  shall  not  be  imposed, 
if,  from  the  date  when  the  company  commenced  to  op- 
erate its  railway,  it  has  not  paid  dividends  equivalent  in 
the  aggregate  to  at  least  6  per  cent  per  annum  upon 
its  capital  stock  from  year  to  year. 

In  effect  January  1, 1910.  §  5.  This  Act  shall  take  effect 
on  the  first  day  of  January  in  the  year  1910.  [Approved 
June  IG,  1909.] 

The  street  railway  incorporation  Act  provides  that 
a  certificate  of  incorporation  issues  only  upon  the  O.  K. 
of  the  railroad  commission,  as  follows: 

Presentation  of  agreement  of  association  and  annexed 
certificates  to  board  of  railroad  commissioner.s.  §  8.  When 
the  amount  of  capital  stock  named  in  the  agreement  of 
association  has  been  subscribed  in  good  faith  by  re- 
f?ponsible  persons,  and  10  per  cent  of  the  par  value 
of  each  share  has  been"  actually  paid  in  cash  to  the 
treasurer,  the  directors,  clerk  and  treasurer  shall  annex 
to  the  agreement  of  association  their  certificate  setting 
forth  these  facts,  and  that  it  is  intended  in  good  faith 
to  locate,  construct,  maintain  and  operate  the  railway  as 
described  in  said  agreement,  shall  annex  to  said  agree- 
ment the  certificate  of  publication  specified  in  §  6  and 
the  several  certificates  of  location,  and  shall  present 
the  same  for  Inspection  to  the  board  of  railroad  com- 
missioners. 

Certificate  of  incorporation.  §  9.  When  It  is  shown  to 
the  satisfaction  of  the  board  of  railroad  commissioners 
that  the  requirements  of  this  Act  preliminary  to  the  In- 
corporation of  a  company  have  been  complied  with, 
and  that  locations  have  been  obtained  for  a  railway 
between  the  termini  and  subsequently  over  the  route 
set  forth  in  the  agreement  of  association,  the  clerk 
of  said  board,  upon  its  order,  shall  annex  to  the  agree- 
ment of  association  a  certificate  stating  such  fact.     The 


directors  shall  thereupon  file  the  agreement  of  asso- 
ciation, with  all  the  certificates  annexed  thereto,  includ- 
ing the  plan,  if  any,  required  by  the  board  of  railroad 
commissioners,  in  the  office  of  the  secretary  of  the 
commonwealth;  who,  upon  the  payment  to  him  of  a  fee 
of  $50,  shall  receive  and  preserve  the  same  in  form 
convenient  for  reference  and  open  to  public  inspection; 
and  shall  thereupon  issue  a  certificate  of  incorporation 
substantially   in   the   following  form:      [Form  omitted.] 

REVISED  LAWS,  CHAPTER  109,  §  19. 

SHAKES  ISStJED  FOR  PAR  ONLY. 

Shares  not  to  Be  issued  for  less  than  par.  It  Is  further 
provided  as  follows:  §  19.  No  corporation  unless  spe- 
cially authorized,  shall  issue  a  share  for  a  less  amount  to 
be  actually  paid  In  thereon  than  the  par  value  of  the  shares 
at  the  date  of  issue. 

Assessments  upon  capital  stock,  and  collection  thereof. 
§  27.  The  directors  may  assess  upon  all  the  shares  sub- 
scribed, but  not  paid  in,  such  amounts  of  money  which 
are  not  in  excess  of  their  par  value,  as  they  thing 
proper,  and  may  direct  the  same  to  be  paid  to  the 
treasurer,  who  shall  give  written  notice  thereof  to  the 
subscribers.  If  a  subscriber  neglects  to  pay  his  assess- 
ment for  30  days  after  such  notice,  the  directors  may 
transfer  the  rights  under  such  subscription  to  any  person 
who  subscribes  for  the  same  and  pays  the  assessments 
due,  or  may  order  the  treasurer,  after  giving  notice 
of  the  sale,  to  sell  such  shares  by  public  auction  to  the 
highest  bidder,  and,  upon  the  payment  by  him  to  the 
company  of  the  unpaid  assessments,  of  interest  to  the 
date  of  sale  and  of  the  charges'  of  the  sale,  the  shares 
shall  be  transferred  to  him.  If,  within  30  days  after  the 
sale,  the  purchaser  does  not  make  said  payment  to  the 
company,  the  sale  shall  be  cancelled,  and  the  subscriber 
shall  be  liable  to  the  company  for  the  unpaid  assess- 
ments, the  interest  thereon,  and  the  charges  of  sale. 
If  the  amount  so  paid  by  the  purchaser  to  the  com- 
pany is  more  than  the  amount  for  which  the  shares  were 
sold,  the  subscriber  shall  be  liable  to  the  purchaser 
for  the  deficiency;  if  it  is  less,  the  purchaser  shall  be 
liable  to  the  subscriber  for  the  surplus.  If  a  subscriber 
neglects  to  pay  his  assessment  for  30  days,  as  above 
provided,  the  directors  may  elect  to  proceed  by  an 
action  at  law  against  said  delinquent  subscriber  to  re- 
cover all  amounts  due  and  payable  by  him  with  inter- 
est. If  a  judgment  rendered  In  an  action  against  a 
subscriber  remains  unsatisfied  for  30  days,  all  amounts 
previously  paid  by  him  shall  be  forfeited  to  the  com- 
pany, and  the  directors  may  offer  such  shares  for  sale 
as  above  provided. 

Subscription  to  full  capital  stock  and  payment  in  of 
50  per  cent  thereof  before  construction.  §  28.  A  street  rail- 
way company  shall  not  begin  to  build  its  railway 
until  it  shall  have  filed  in  the  office  of  the  secretary  of 
the  commonwealth  a  certificate,  signed  and  sworn  to 
by  its  president,  treasurer,  clerk  and  a  majority  of  its 
directors,  stating  that  the  amount  of  its  capital  stock 
has  been  unconditionally  subscribed  for  by  responsible 
parties,  and  that  50  per  cent  of  the  par  value  of  each 
Bhare   thereof   has   been   actually   paid   in   in   cash. 

Directors  jointly  and  severally  liable  for  debts  and  con- 
tracts till  payment  in  of  full  capital  stock.  §  29.  The  direc- 
tors of  a  street  railway  company  shall  be  jointly  and 
severally  liable,  to  the  extent  of  its  capital  stock,  for 
all  its  debts  and  contracts,  until  the  whole  amount  of  its 
capital  stock  as  originally  fixed  by  Its  agreement  of  as- 
sociation, or  if  a  chartered  company,  by  its  directors, 
and  authorized  by  the  board  of  railroad  commissioners, 
shall  have  been  paid  in,  and  until  a  certificate  stating 
the  amount  thereof  so  fixed  and  paid  in  shall  have 
been  signed  and  sworn  to  by  its  president,  treasurer, 
clerk  and  a  majority  of  its  directors,  and  filed  in  the 
office  of  the  secretary  of  the  commonwealth. 

CORPORATE  POWERS. 

Povjers  to  cease  if  railway  is  not  built  within  18  months 
unless  commission  extends  time.  §  30.  A  street  railway 
company.  Incorporated  under  the  laws  of  this  common- 
wealth, shall  have  authority,  subject  to  the  provisions  of 
this  chapter,  to  construct,  maintain  and  operate  a  street 
railway,  but,  if  such  company  does  not  build  and  put  in 
operation  its  railway  within  eighteen  months  after  the  date 


694 


National  Association  of  Eailway  Commissioners 


of  its  certificate  of  incorporation,  Us  corporate  powers  shall 
cease,  unless  the  board  of  railroad  commissioners,  after 
public  notice  and  a  hearing,  shall  extend  said  time  by  a 
certificate,  stating  that  In  its  Judgment  due  diligence  has 
been  exercised  by  the  company,  and  that  public  necessity 
and  convenience  require  such  extension. 

Extension  of  corporate  authority  to  operate  railway. 
$  31.  A  street  railway  company,  which,  by  its  charter  or 
certificate  of  incorporation,  or  by  special  act,  is  authorized 
to  construct,  maintain  and  operate  a  street  railway  in  any 
city  or  town  in  this  commonwealth,  and  which  has  con- 
structed its  railway  therein,  may,  subject  to  the  provi- 
sions of  the  general  laws  relative  to  the  location,  construc- 
tion and  operation  of  street  railways,  extend  its  railway 
into  such  other  cities  and  towns  in  this  commonwealth  as 
the  board  of  railroad  commissioners  shall,  upon  the  appli- 
cation of  such  company,  and  after  public  notice  and  a  hear- 
ing, certify  that  the  public  necessity  and  convenience  re- 
quire. An  attested  copy  of  such  certificate  shall,  within 
three  days  after  the  granting  of  the  same,  be  filed  by  said 
board  in  the  office  of  the  secretary  of  the  commonwealth. 

Connecting  location  hetiveen  tivo  cities.  §  32.  A  street 
railway  company  whose  petition  for  a  location,  necessary, 
in  the  Judgment  of  the  board  of  railroad  commissioners,  to 
furnish  proper  transportation  facilities  between  two  cities, 
or  two  towns,  or  a  city  and  town,  has  in  whole  or  in  part 
been  granted  or  refused,  or  has  been  neither  granted  nor 
refused  within  three  months  after  the  filing  thereof,  may, 
within  thirty  days  of  such  grant  or  refusal  of  a  location, 
or  of  the  expiration  of  said  three  months,  apply  to  the  board 
of  railroad  commissioners  for  such  location.  If  it  shall  ap- 
pear at  a  hearing  on  said  application,  after  such  notice  to 
the  board  of  aldermen  or  the  selectmen,  and  to  all  persons 
who  own  real  estate  which  abuts  upon  any  way  in  which 
such  location  was  asked  for,  by  publication  or  otherwise,  as 
the  board  of  railroad  commissioners  may  order,  that  the 
company  has  already  been  granted  and  has  accepted  loca- 
tions for  a  street  railway  in  two  cities,  or  two  towns,  or  a 
city  and  town,  adjoining  the  city  or  town  in  which  such 
location  has  been  asked  for,  or  has  already  been  granted 
and  has  accepted  locations  for  a  street  railway  in  two  ad- 
joining cities,  or  two  adjoining  towns,  or  an  adjoining  city 
and  town,  and  that  a  location  is  necessary  to  connect  such 
existing  locations,  the  board  of  railroad  commissioners  may, 
if  it  finds  that  public  necessity  and  convenience  so  require, 
enter  a  decree  granting  a  connecting  location.  In  granting 
the  location  said  board  may  prescribe  the  appliances  and 
impose  the  conditions  and  obligations  which  are  specified 
or  referred  to  in  §  7  relative  to  the  granting  of  original 
locations.  Such  location  shall  be  the  true  location,  if, 
within  thirty  days  after  the  issue  of  notice  to  the  company 
of  the  entry  of  said  decree,  the  directors  shall  file  a  written 
acceptance  of  such  location  with  the  board  of  railroad  com- 
missioners; otherwise,  said  location  shall  be  void. 

Purchase  of  stocJc  in  other  railways,  etc.  §  33.  A  street 
railway  company  may  purchase  and  hold  such  real  and  per- 
sonal estate  as  may  be  necessary  or  convenient  for  the  oper- 
ation of  its  railway;  but  it  shall  not,  accept  as  provided  In 
§  53,  directly  or  indirectly,  subscribe  for,  take  or  hold  stock 
or  bonds  of  a  street  railway  company  which  is  organized 
under  the  general  laws  unless  specially  so  authorized  by 
the  general  court. 

Pleasure  resorts.  §  34.  A  street  railway  company,  may, 
except  in  the  city  of  Boston,  with  the  approval  of  the  board 
of  railroad  commissioners,  acquire,  hold,  maintain  and 
equip  land  for  purposes  of  recreation  and  for  pleasure  re- 
sorts. Admission  to  the  grounds  of  such  pleasure  resorts 
shall  be  free,  subject  to  such  restrictions  as  may,  with  the 
approval  of  said  board,  be  imposed  by  the  board  of  alder- 
men of  cities  or  the  selectmen  of  towns  in  which  such 
grounds  may  be  situated.  Said  company  shall  not  sell  In- 
toxicating liquors  nor  allow  them  to  be  sold  on  said 
grounds;  nor  shall  it  sell  said  land  without  the  approval' 
of  the  board  of  railroad  commissioners. 

Motive  power.  §  35.  A  street  railway  company  may  use 
electricity,  or  such  other  power,  other  than  steam,  as  the 
board  of  railroad  commissioners  may  permit. 

Connecting  companies — Joint  use  of  tracks.  §  36.  A 
street  railway  company  may  permit  another  street  railwaj 
company  to  operate  cars  over  its  tracks  to  such  extent  and 
under  such  rules  and  regulations  as  the  board  of  railroad 
commissioners  shall  determine  to  be  consistent  v/'th  public 
safety. 


Street  sprinkling  cars.  §  37.  A  street  railway  compan; 
may  allow  street  sprinkling  cars  or  similar  apparatus  to  b 
used  upon  its  tracks,  may  furnish  the  motive  power  and  us 
of  tracks  or  other  facilities,  and  may  make  contracts  there 
for;  but  the  provisions  of  this  section  shall  be  operatlv 
only  to  such  extent  and  subject  to  such  regulations  and  re 
strlctions  as  the  board  of  railroad  commissioners,  havihi 
regard  to  the  necessities  of  public  travel,  may  approve. 

Gravel,  etc.,  cars.  §  38.  A  street  railway  company  maj 
with  the  consent  of  the  board  of  aldermen  of  a  city  or  th 
selectmen  of  a  town,  convey  in  cars  over  its  tracks  snoTi 
ice,  stone,  gravel,  dirt,  or  street  sweepings,  taken  from  an; 
street  or  way  over  or  through  which  its  tracks  are  located 
for  the  purpose  of  keeping  said  street  or  way  in  proper  con 
dition  for  travel,  or  may  convey  to  any  point  on  its  line,  a 
deliver  to  any  connecting  line  or  any  other  street  railwa; 
company,  necessary  material  for  use  in  the  construction 
grading,  repairing  or  improving  of  any  street  or  way  li 
any  city  or  town,  or  of  any  state  highway,  whether  on  th 
line  of  any  street  railway  company  or  not,  and  may  mak 
contracts  with  cities,  towns,  the  Massachusetts  hlghwa; 
commission,  and  with  other  street  railway  companies  fo 
the  transportation  of  such  material. 

Coal  and  other  supplies.  §  39.  A  street  railway  coni 
pany  may  convey  in  cars  over  its  tracks  coal  and  other  suj 
plies  for  its  own  use. 

Carriers  of  mail.  §  40.  A  street  railway  company  mt; 
carry  the  United  States  mail. 

Transportation  of  milk  and  cream.  §  1.  All  street  rail 
way  companies  within  the  commonwealth  are  hereby  au 
thorlzed  to  transport  milk  and  cream  over  and  upon  tbei 
respective  lines  of  railway  and  from  and  to  any  poin 
thereon,  subject  only  to  the  supervision  of  and  to  such  rag 
ulations  as  may  be  imposed  by  the  board  of  railroad  i  om 
missloners,  any  restrictions  upon  the  right  of  said  coi  ipa 
nies  to  transport  milk  and  cream  heretofore  imposed  u:Lde: 
any  existing  laws  or  charters  to  the  contrary  notwithst  ind 
Ing.  , 

I  2.  This  Act  shall  take  effect  upon  its  passage,  i  ^ 
proved  March  25,  1908.]  ]^ 

Transportation  of  baggage  and  freight.  1 1.  A  si  re* 
railway  company  may  become  a  common  carrier  of  n  ^wi 
papers,  baggage,  express  matter  and  freight  in  such  ci  sea 
upon  such  parts  of  its  railway,  and  to  such  extent,  in  am 
city  or  town,  as,  after  public  notice  and  a  hearing,  i  poi 
the  petition  of  any  interested  party,  the  board  of  alder  nei 
or*  the  selectmen  in  such  city  or  town  and  the  board  of  all 
road  commissioners  shall  by  order  approve.  If  the  boai  1  o 
aldermen  or  selectmen  to  whom  such  a  petition  is  prese  ite( 
act  adversely  thereon  or  fail  to  act  within  sixty  days  1  'on 
the  date  of  the  filing  of  such  petition  the  petitioner  or  an] 
Interested  party  may  file  such  petition  with  the  boar  1  ol 
railroad  commissioners,  who  shall  after  public  notice  a  id  i 
hearing  determine  whether  public  necessity  and  con 
venience  require  the  granting  of  such  petition  and  t  lial 
make  an  order  dismissing  such  petition  or  requiring  anj 
street  railway  company  named  in  such  petition  to  ac :  ai 
such  common  carrier  in  such  cases,  upon  such  parts  o '  lU 
railway  and  to  such  extent,  and  under  such  regulations  and 
restrictions,  as  in  the  opinion  of  said  railroad  commis;  ion 
ers  public  necessity  and  convenience  require.  Any  s'  reel 
railway  company  acting  under  authority  hereof  shal  i  b« 
subject  to  such  regulations  and  restrictions  as  may  :  rom 
time  to  time  be  made  by  the  local  authorities  afore  ;aldi 
with  the  approval  of  the  railroad  commissioners,  and  i  hall 
also  be  subject  to  the  provisions  of  all  laws  now  or  liere 
after  in  force  relating  to  common  carriers  so  far  as  :hey 
shall  be  consistent  herewith  and  witn  said  regulations  and 
restrictions.  The  authority  conferred  upon  any  street  rail- 
way company  by  virtue  of  the  provisions  of  this  Act  m;  y  at 
any  time  be  revoked  or  terminated  in  any  city  or  tow  a  oi 
upon  any  part  of  its  railway,  by  the  board  of  aldermen  ot 
selectmen  with  the  approval  of  the  board  of  railroad  com- 
missloners.     [As  amended  1907.] 

Regulation  of  construction  or  operation  on  private  and. 
§  44.  A  street  railway  constructed  upon  private  land  jhall 
not  be  opened  for  public  use  until  the  board  of  railroad 
commissioners,  after  an  examination,  certifies  that  all  laws 
relative  to  its  construction  and  all  requirements  of  said 
board  have  been  complied  with,  and  that  it  appears  to  oe  In 
a  safe  condition  for  operation.  Said  board  n:ay,  at  any  time 
after  the  openmg  of  a  street  railway  for  public  use,  ordei 
such  changes  and  improvements  to  be  made  In  the  construe- 


Public  Service  Laws 


695 


tion  and  operation  of  any  part  thereof  upon  private  land  as 
In  its  judgment  may  be  necessary  for  public  safety  in  the 
use  thereof;  and  such  order  shall  be  complied  with  by 
the  street  railway  company. 

Street  railway  partly  on  private  land — Provisions  of  law 
applicable.  §  45.  A  street  railway  company,  whose  railway 
Is  constructed  In  part  outside  the  limits  of  public  ways, 
shall,  in  respect  of  the  equipment,  use  and  operation  of  its 
railway  and  transportation  thereon,  be  subject  to  all  the 
provisions  of  law  relative  to  street  railway  companies,  as 
fully  as  if  its  railway  were  located  wholly  within  the  limits 
of  public  ways. 

Location  iy  eminent  domain  on  private  land.  §  46.  A 
street  railway  company,  organized  under  the  laws  of  this 
commonwealth,  may  apply  to  the  board  of  aldermen  of  a 
city  or  to  the  selectmen  of  a  town  in  which  it  desires  to 
take  land,  for  an  adjudication  that  public  necessity  and 
convenience  require  that  certain"  lands,  or  interests  in  land, 
as  described  in  its  petition,  and  for  the  specific  purpose 
therein  stated,  be  taken  by  such  company,  to  enable  it.  In 
constructing  its  street  railway,  or  extension  thereof,  to 
avoid  dangerous  curves  or  grades  existing  in  the  highways, 
or  for  other  similar  purposes  incident  to  and  not  incon- 
sistent with  its  corporate  franchise  of  operating  a  railway 
to  accommodate  public  travel  in  public  ways.  If  the  board 
to  which  such  application  Is  made  finds  In  favor  of  the 
petitioner,  after  such  public  notice  and  hearing  as  are  re- 
quired by  law  in  the  case  of  the  grant  of  locations  for 
street  railways  in  public  ways,  the  company  may,  upon 
complying  with  the  provisions  prescribed  for  railroad  cor- 
porations by  §  17  of  Part  II,  apply  to  the  board  of  railroad 
commissioners  for  a  certificate  that  public  necessity  and 
convenience  require  the  construction  of  the  railway  between 
the  termini  and  substantially  upon  the  route  fixed  by  the 
agreement  of  association  in  case  of  a  company  organized 
under  the  general  laws  and  by  the  charter  of  a  company 
created  by  special  statute,  or  of  the  extension  substantially 
on  the  locations  already  granted  therefor,  and  for  approval 
of  the  adjudication  of  the  board  of  aldermen  or  of  the 
selectmen  as  to  the  necessity  and  reasons  for  taking  land 
or  rights  In  land  in  every  city  or  town  in  which  such 
adjudication  has  been  made.  If  the  board  of  railroad  com- 
missioners, after  public  notice  and  a  hearing,  at  which  all 
persons  or  corporations  alleging  that  they  would  be  Injured 
by  the  construction  of  the  railway  shall  be  deemed  to  be 
interested  parties  and  entitled  to  be  heard,  grant  the  certi- 
ficate as  prayed  for,  the  petitioner  may  take  in  any  city  or 
town,  in  the  manner  provided  in  the  following  section,  any 
land  or  rights  in  land  the  taking  of  which  has  so  bee^  ap- 
proved by  said  board. 

LEASE    OR    SALE    OF    HALLWAY. 

Raihvay  not  to  be  leased  or  sold,  except,  etc.  §  51.  A 
street  railway  company  shall  not  lease  or  contract  for  the 
operation  of  its  railway  for  a  period  of  more  than  99 
years  without  the  consent  of  the  general  court,  nor,  except 
as  provided  in  the  three  following  sections,  shall  it  sell  Its 
railway  unless  authorized  so  to  do  by  its  char.ter  or  by 
special  act  of  the  general  court. 

Sale  to  connecting  line.  §  52.  A  street  railway  company 
Incorporated  under  the  laws  of  this  commonwealth  may 
sell  and  convey  the  whole  or  a  part  of  its  franchise  and 
property  to,  or  may  consolidate  with  any  other  such  street 
railway  company  whose  railway  connects  with.  Intersects 
or  forms  a  continuous  line  with  its  own,  if  the  facilities  for 
travel  on  the  railway  of  each  of  said  companies  shall  not  be 
thereby  diminished,  or  the  rates  of  fare  increased,  and  such 
other  company  may  purchase  of  or  consolidate  with  it  as 
aforesaid;  but  such  purchase  and  sale  or  consolidation  shall 
not  be  valid  or  binding  until  its  terms  have  been  agreed 
to  by  a  majority  of  the  directors,  and  have  been  approved, 
at  meetings  called  for  the  purpose,  by  a  vote  of  two-thirds 
in  interest  of  the  stockholders  of  each  of  the  contracting 
companies,  and  by  the  board  of  railroad  commissioners  as 
required  by  §  67  of  Part  I. 

Increase  of  capital  stock  and  issue  of  bonds.  §  53.  The 
purchasing  or  consolidated  company  may,  subject  to  the 
previsions  of  §  107,  Increase  its  capital  stock  and  issue 
bonds  to  an  amount  necessary  for  the  purposes  authorized 
ln»the  preceding  section,  and  may  exchange  its  securities 
for  those  of  the  selling  or  merged  company,  If  the  aggre- 
gate amount  of  the  capital  stock  and  debt  of  the  two  con- 
tracting companies  shall  not  by  reason  of  such  purchase 
and  sale  or  consolidation  be  Increased. 


Powers  and  duties  of  consolidated  company.  §  54.  Such 
purchasing  or  consolidated  company  shall  have  the  powers 
and  privileges,  and  be  subject  to  the  duties,  liabilities  and 
restrictions,  of  the  company  selling  or  merged,  but,  except 
as  provided  in  this  chapter,  no  right  to  conduct  an  express 
business  or  to  be  a  common  carrier  of  merchandise  shall, 
by  reason  of  any  such  sale  or  consolidation,  be  allowed  over 
any  location  where  It  had  not  been  granted  prior  to  the 
tenth  day  of  April  in  the  year  1897. 

Operating  contracts  and  leases.  §  55.  Two  street  rail- 
way companies,  incorporated  under  the  laws  of  this  com- 
monwealth, whose  railways  connect  with  or  intersect  each 
other  or  together  form  a  continuous  line,  may  contract  that 
either  company  shall  perform  all  the  transportation  upon 
and  over  the  whole  or  any  part  of  the  railway  of  the  other; 
or  any  such  company  may  lease  its  franchise,  property  and 
railway  to  any  other  such  company;  but  the  facilities  for 
travel  on  either  of  the  railways  of  said  companies  shall  not 
be  thereby  diminished  or  the  rates  of  fare  increased.  Such 
contract  or  lease  shall  not  be  valid  or  binding  until  its 
terms  have  been  agreed  to  by  a  majority  of  the  directors, 
and  have  been  approved,  at  meetings  called  for  the  purpose, 
by  a  vote  of  a  majority  In  Interest  of  the  stockholders  of 
each  of  said  companies,  and  by  the  board  of  railroad  com- 
missioners as  required  by  §  67  of  part  I.  The  income  aris- 
ing from  such  contracts  or  leases  shall  be  subject  to  the 
provisions  of  law  relative  to  the  reduction  of  fares  in  the 
same  manner  as  that  arising  from  the  use  of  the  railways. 
Such  railways  shall  be  considered  as  connecting  with  or 
intersecting  each  other  or  forming  a  continuous  line,  if  one 
of  them  connects  with  or  intersects  or  forms  a  continuous 
line  with  a  railway  leased  to  or  operated  by  the  other 
under  a  contract  authorized  by  the  provisions  of  this 
section. 

Extension  of  location  of  street  railway  company.  §  64. 
The  board  of  aldermen  of  a  city  or  the  selectmen  of  a  town, 
upon  the  petition  of  fifty  legal  voters,  or  upon  the  petition 
executed  In  accordance  with  the  by-laws  or  a  vote  of  the 
directors  of  a  street  railway  company  whose  tracks  are 
located  in  said  city  or  town,  after  public  notice  and  a  hear- 
ing as  provided  In  §  7,  may  grant  a  location  for  the  exten- 
sion of  the  tracks  of  such  company,  and  prescribe  how  said 
tracks  shall  be  laid  and  the  kind  of  rails,  poles,  wires  and 
other  appliances  to  be  used;  but  they  shall  impose  no  terms 
or  conditions  to  such  grant  In  addition  to  those  Imposed  by 
general  laws  on  street  railway  companies  in  force  on  the 
first  day  of  October  In  the  year  1898,  or  such  as  may  have 
been  imposed  In  the  grant  of  original  location  to  such  com- 
pany in  such  city  or  town  subsequently  to  said  date.  No 
such  extension  of  a  location  shall  be  valid,  until  the  board 
of  railroad  commissioners,  after  public  notice  and  a  hear- 
ing, shall  certify  that  such  extension  is  consistent  with  the 
public  Interests.  If  said  board  requires  an  alteration  In 
such  extension  before  certifying  that  the  same  is  consistent 
with  the  public  interests,  said  board  shall  notify  the  board 
of  aldermen  or  selectmen  granting  such  extension  of  such 
alteration;  and  thereafter  said  board  of  aldermen  or  select- 
men may  amend  such  extension  in  accordance  with  such 
alteration;  provided,  that,  if  such  alteration  Involves  a 
change  In  the  route  of  the  railway,  public  notice  and  a 
hearing  shall  be  given  as  hereinbefore  provided  In  the  case 
of  the  original  application  for  an  extension;  and  thereafter 
the  board  of  railroad  commissioners  may,  as  a  part  of  the 
original  proceedings  before  it,  certify  that  such  extension 
so  amended  is  consistent  with  the  public  interests.  An  ex- 
tension, so  certified  to  be  consistent  with  the  public  In- 
terests, shall  be  a  valid  location,  if,  within  sixty  days  after 
the  issue  of  notice  of  said  certification  to  the  company.  It 
shall  file  a  written  acceptance  of  such  extension,  executed 
In  accordance  witb  Its  by-laws  or  a  vote  of  its  directors, 
with  the  board  of  aldermen  or  selectmen.  An  extension 
granted  by  a  board  of  aldermen  or  selectmen,  but  refused 
certification  hereunder  by  the  board  of  railroad  commis- 
sioners, or  not  accepted  as  hereinbefore  provided,  shall  be 
void.     [As  amended  1909.] 

Alteration  of  location.  §  65.  The  board  of  aldermen  of 
a  city  or  the  selectmen  of  a  town,  upon  the  petition  exe- 
cuted in  accordance  with  the  by-laws  or  a  vote  of  the  di- 
rectors of  a  street  railway  company  whose  tracks  are  lo- 
cated in  said  city  or  town,  or  upon  the  petition  of  any  In- 
terested party,  after  public  notice  and  a  hearing  as  pro- 
vided In  §  7,  may  alter  the  location  of  the  tracks  In  the 
manner  prescribed  In,  and  subject  to  the  provisions  of,  the 
preceding  section.     Such  alteration  shall  be  made  by  such 


696 


Js^AXiONAL  Association  of  Railavay  Commissioners 


1 


company  within  such  time,  and  the  expense  thereof  shall  be 
borne  by  such  party  or  parties  and  in  such  proportions,  as 
the  board  of  aldermen  or  selectmen  may  determine.  No 
such  alteration  of  a  location  shall  be  valid,  until  the  board 
of  railroad  commissioners,  after  public  notice  and  a  hear- 
ing, shall  certify  that  such  alteration  is  consistent  with  the 
public  interests.  If  said  board  requires  an  amendment  to 
such  alteration  before  certifying  that  the  same  is  consis- 
tent with  the  public  Interests,  said  board  shall  notify  the 
board  of  aldermen  or  selectmen  of  such  amendment;  and 
thereafter  said  board  of  aldermen  or  selectmen  may  amend 
such  alteration  In  accordance  with  the  said  amendment: 
provided,  that,  if  such  amendment  involves  a  change  in  the 
route  of  the  railway,  public  notice  and  a  hearing  shall  be 
given  as  hereinbefore  provided  in  the  case  of  the  original 
application  for  an  alteration;  and  thereafter  the  board  of 
railroad  commissioners  may,  as  a  part  of  the  original  pro- 
ceedings before  it,  certify  that  such  alteration  so  amended 
is  consistent  with  the  public  interests.  An  alteration,  so 
certified  to  be  consistent  with  the  public  interests,  shall  be 
a  valid  location,  if,  within  sixty  days  after  the  issue  of 
notice  of  said  certification  to  the  company,  It  shall  file  a 
written  acceptance  of  such  alteration,  executed  in  ac- 
cordance with  its  by-laws  or  a  vote  of  its  directors,  with 
the  board  of  aldermen  or  selectmen.     [As  amended  1909.] 

OPERATION. 

Openinp  for  use  conditional  upon  certificate  of  railroad 
commissioners.  §  73.  No  street  railway  or  portion  or  ex- 
tension thereof  shall  be  opened  for  public  use  until  the 
board  of  railroad  commissioners  after  an  examination,  cer- 
tifies that  all  laws  relative  to  its  construction  have  been 
complied  with,  and  that  It  appears  to  be  in  a  safe  condi- 
tion for  operation;  but  nothing  herein  contained  shall  be 
construed  as  compelling  said  board  to  grant  such  certifi- 
cate until  the  entire  road  included  in  the  location  of  such 
railway,  portion  or  extension  has  been  completed. 

Rules  as  to  rate  of  speed,  etc.  §  74.  The  board  of  alder- 
men of  a  city,  or  the  selectmen  of  a  town  may,  subject  to 
the  approval,  revision  or  alteration  of  the  board  of  railroad 
commissioners,  establish  such  regulations  as  to  the  rate  of 
speed,  the  manner  and  extent  of  use  of  tracks,  and  the 
number  and  routes  of  cars  which  run  over  such  tracks, 
within  such  city  or  town,  as  the  interest  and  convenience 
of  the  public  may  require;  and  a  street  railway  company 
whose  servants  or  agents  wilfully  or  negligently  violate  any 
such  regulations  shall  forfeit  not  more  than  |500  for  each 
offence. 

Clearing  snow  from  tracks.  §  75.  The  superintendent 
of  streets  of  a  city,  or  any  officer  who  exercises  like  author- 
ity therein,  and  the  selectmen  of  a  town,  shall  establish 
regulations  for  the  clearance  of  snow  from  its  tracks  by 
any  street  railway  company  operating  in  said  city  or  town, 
and  for  the  removal  of  such  snow  by  said  street  railway 
company  from  the  streets  or  ways  in  which  such  tracks 
are  located;  provided,  that  no  street  railway  company  shall 
be  compelled  to  remove  from  the  streets  or  ways  in  which 
its  tracks  are  located  an  amount  of  snow  greater  than  it 
has  cleared  from  between  its  rails  and  between  Its  tracks 
and  from  a  space  18  inches  wide  on  either  side  of  its 
tracks. 

On  or  before  the  first  day  of  September  in  each  year,  the 
local  authorities  hereinbefore  named  shall  transmit  to  the 
president  or  other  officer  of  each  street  railway  company 
operating  its  cars  in  the  streets  or  ways  of  said  city  or 
town,  and  to  the  board  of  railroad  commissioners,  a  copy 
of  the  regulations  as  established  by  said  authorities.  With- 
in fourteen  days  after  the  receipt  by  any  street  railway 
company  of  such  regulations  said  street  railway  company 
may,  by  its  president  or  a  majority  of  its  board  of  direc- 
tors, petition  the  board  of  railroad  commissioners  for  such 
amendment  thereto  as  said  president  or  said  hoard  of  di- 
rectors consider  reasonable.  Said  board  shall,  after  notice 
and  a  hearing,  within  60  days  of  the  receipt  of  said  peti- 
tion, file  with  said  local  authorities  and  with  the  president 
of  said  street  railway  company  Its  findings  upon  said  peti- 
tion. Including  such  amendments  to  said  regulations,  if  any, 
as  said  board  considers  reasonable,  and  thereafter  such  reg- 
ulations as  established  by  said  local  authorities  and  as 
amended  by  said  board  shall  be  and  remain  In  force  until 
the  first  day  of  the  September  following,  and  thereafter 
until  other  regulations  are  established  as  Is  herein  provided. 

Fenders,  wheel  guards,  trakes  and  emergency  tools.  §  90. 
A  street  railway  company  shall  equip  its  cars,  when  in  use. 


with  such  fenders,  wheel  guards,  brakes  and  emergency 
tools  as  may  be  required  by  the  board  of  railroad  conunis- 
sioners,  and  said  board  may  modify  its  requirements. 

Rules.  The  regulations  for  the  equipment  of  street  rail- 
way cars  with  fenders  and  wheel  guards  established  by  the 
board  are  as  follows: 

1.  All  cars  run  by  a  street  railway  company  on  a  high- 
way, town  way  or  traveled  place  (excepting  cars  run  by 
horse  power,  cars  run  only  as  trailing  cars,  and,  until  the 
further  order  of  the  board,  cars  run  wholly  within  the 
limits  of  towns  whose  population  is  less  than  7,500  each) 
shall  be  equipped  with  fenders  and  wheel  guards  in  ac- 
cordance with  one  of  the  two  following  methods:  Either 
(1)  with  a  fender  at  the  front  of  the  car  (going  in  either 
direction),  and  also  with  wheel  guards  underneath  the  car; 
or  (2)  with  a  fender  at  the  front  of  the  car  of  such  design 
as  to  serve  also  as  a  wheel  guard. 

In  the  first  case  (1)  the  fender  shall  consist  of  a  plat- 
form, netting,  or  other  similar  device,  constructed  and  ar- 
ranged so  as  with  reasonable  certainty  to  pick  up  a  person 
who  is  run  Into  while  standing,  but  to  pass  over  a  perison 
who  is  lying  on  the  ground,  without  probable  injury  to  the 
person  in  either  contingency;  and  the  wheel  guards  stall 
be  of  such  construction  and  arrangement  or  method  of  oper- 
ation as  to  prevent,  so  far  as  practicable,  a  person  who  lias 
fallen  or  been  thrown  down  from  being  run  over  by  he 
wheels. 

In  the  second  case  (2)  the  fender  shall  be  of  such  can- 
struction,  arrangement  and  method  of  operation  as  not  o:ily 
to  pick  up  as  aforesaid  a  person  who  is  run  into  while 
standing,  but  also  to  prevent  so  far  as  practicable  a 
person  who  has  fallen  or  been  thrown  down  from  getting 
under  the  car  and  being  run  over  by  the  wheels.  Tils 
form  of  fender  shall  accordingly  include  a  device  by  whi  ?h, 
in  case  of  emergency.  It  can  be  lowered  by  the  motorm  m, 
and  when  lowered  held  down  close  to  the  ground. 

2.  These  regulations  shall  take  effect  on  the  14th  day  of 
November,  1895;  and  may  be  modified  from  time  to  time,  in 
general  or  In  particular,  as  experience  and  the  public  safi  ty 
may  seem  to  the  board  to  require. 

Heating  of  cars.  §  91.  The  board  of  railroad  comnr  Is- 
sioners  shall  require  every  street  railway  company  to  hi  at 
its  cars,  when  in  use  for  the  transportation  of  passenge  s, 
at  such  times  by  such  means,  and  to  such  extent,  as  si  id 
board  shall  determine,  and  the  company  shall  forfeit  )  25 
for  each  trip  run  by  any  of  its  cars  not  so  heated,  unli  ss 
In  case  of  accident  to  the  heating  process  or  apparatus,  or 
other  unavoidable  accident.  The  district  police  shall  cai  se 
the  provisions  of  this  section  to  be-  enforced. 

Rules.  The  requirements  of  the  hoard  In  respect  to  t  j« 
heating  of  cars  by  street  railway  companies  are  as  foUo'Bs: 

1.  All  box  cars  used  by  street  railway  companies  1  or 
the  transportation  of  passengers  between  the  15th  day  of 
October  and  the  15th  day  of  April  in  each  year  shall  )e 
equipped  with  suitable  apparatus  for  heating  by  electricl  y, 
unless  other  than  electric  heaters  are  specially  authoriz  ;d 
by  the  board. 

2.  Every  street  railway  company  shall,  during  t  le 
period  above  named,  whenever  the  outside  temperature  is 
less  than  forty  degrees  above  zero  (Fahrenheit)  mainta  n. 
In  all  box  cars  in  use  for  transporting  passengers,  an  insi  1« 
temperature,  as  nearly  as  may  be,  of  no  less  than  40  nor 
more  than  60  degrees  above  zero,  except  at  times  when  tae 
company  is  temporarily  prevented  from  so  doing  by  stor  n, 
accident  or  other  controlling  emergency  for  which  it  Is , 
responsible  and  which  Is  not  due  to  any  negligence  upofl 
part. 

Enclosed  platforms.  §92.  Every  street  car  in  use  for" 
the  transportation  of  passengers  in  December,  JanuaTt 
February  and  March,  which,  while  in  motion,  requires  tlie 
constant  care  or  service  of  an  employe  upon  its  platforms 
or  upon  one  of  them,  shall,  except  as  provided  in  the  fol- 
lowing section,  have  said  platforms  or  platform  enclosed  in 
such  manner  as  to  protect  the  motormen,  conductors  or 
other  employes  who  operate  such  car  from  exposure  to 
wind  and  weather  In  such  manner  as  the  board  of  railro^^ 
commissioners  shall  approve.  I^M 

FARES  AND  RECOMMENDATIONS.  '    " 

Reasonal)le  accommodations,  etc.  §  96.  Every  street 
railway  company  shall  furnish  reasonable  accommoda- 
tions for  the  conveyance  of  passengers,  and  for  every 
wilful    neglect    to    provide    such    accommodations    shall 


tor  n. 


it 


Public  Service  Laws 


697 


forfeit  not  less  than  $5  noi-  more  than  $20;  and  may 
establish  the  rates  of  fare  for  all  passengers  and  prop- 
erty conveyed  or  transported  in  its  cars,  subject,  how- 
ever, to  the  limitations  named  in  its  charter  or  herein- 
after set  forth. 

Additional  accommodations.  §  97.  If,  in  the  opinion  of 
the  board  of  railroad  commissioners,  additional  accom- 
modations for  the  traveling  public  are  required  upon 
any  street  railway,  it  may,  after  due  notice  to  the  com- 
pany and  a  hearing,  make  an  order  requiring  such  ad- 
ditional accommodations  as  it  determines .  are  just, 
and  may  alter,  renew  or  revoke  the  order.  A  street 
railway  company  which,  for  more  than  one  week  after 
receiving  notice  in  writing  of  such  order,  neglects  to 
comply  therewith,  shall  forfeit  to  the  use  of  the  city 
:  or  town  for  which  such  additional  accommodations  are 
ordered,  or  if  they  are  ordered  for  more  than  one 
city  or  town,  to  the  use  equally  of  such  cities  or  towns, 
$100  for  each  day  thereafter  during  which  such  neglect 
continues. 

Special  service  car,  etc. — Passes.  §  98.  A  street  railway 
company  may  provide  cars  for  special  service,  and  may 
make  special  rates  therefor;  and  may  make  special  rates 
tor  working  men  and  working  women  on  week  days  be- 
tween the  hours  of  five  and  seven  in  the  morning  and 
five  and  seven  in  the  evening,  and  for  children  attending 
school.  Such  company  shall  not  give  free  tickets  or 
passes  to  any  state,  county  or  municipal  official,  or  to 
any  person  in  the  employ  of  the  commonwealth  or  of 
any  county,  city  or  town,  except  policemen,  firemen 
and  letter  carriers,  in  uniform;  but  it  may  give  them 
to  a  director  of  the  company  or  to  any  person  who  is 
connected  with  it  in  any  executive  capacity.  A  company 
which  violates  any  of  the  provisions  of  this  section  shall 
forfeit  for  each  offense  not  less  than  $100  nor  more  than 
$500. 

Special  rates  of  fare  for  pupils  of  private  schools.  §  72. 
The  rates  of  fare  charged  by  street  or  elevated  railway 
companies  for  the  transportation  of  pupils  of  the  pub- 
lic or  j)rivate  schools  between  a  given  point  from  or  to 
which  it  is  necessary  for  them  to  ride  in  traveling  to  or 
from  the  school  houses  in  which  they  attend  school 
and  their  homes,  whether  such  school  houses  are  lo- 
cated in  the  city  or  town  in  which  the  pupils  reside  or 
in  another  city  or  town,  shall  not  exceed  one-half  the 
regular  fare  charged  by  such  street  or  elevated  rail- 
way company  for  the  transportation  of  other  passengers 
between  said  points,  and  tickets  for  the  transportation 
of  pupils  as  aforesaid,  good  during  the  days  when  said 
schools  are  in  session,  shall  be  sold  by  said  companies 
in  lots  of  10  each.  A  railway  company  which  violates 
the  provisions  of  this  section  shall  forfeit  $25  for  each 
offense.  [As  amended  by  Act  approved  June  14,  1906] 
Transportation  of  pupils.  §  1.  The  rates  of  fare 
charged  by  street  or  elevated  railway  companies  for  the 
transportation  of  pupils  of  the  public  day  schools  or  public 
evening  schools  or  private  schools  between  a  given  point 
from  or  to  which  it  is  necessary  for  them  to  ride  in 
traveling  to  or  from  the  school  houses  in  which  they 
attend  school  and  their  homes,  whether  such  school 
houses  are  located  in  the  city  or  town  in  which  the 
pupils  reside  or  in  another  city  or  town,  shall  not  exceed 
one-half  the  regular  fare  charged  by  such  street  or 
elevated  railway  company  for  the  transportation  of 
other  passengers  between  said  points,  and  tickets  for 
the  transportation  of  pupils  as  aforesaid,  good  during 
the  day.s  or  evenings  on  which  said  schools  are  In 
session,  shall  be  sold  by  said  companies  in  lots  of  10 
each.  A  railway  company  which  violates  the  provisions 
of  this   section  shall   forfeit  $25  ^or  each  offense. 

Repeat  §  2.  Section  99  of  Part  III  of  chapter  463  and 
chapter  479,  of  the  Acts  of  the  year  1906  are  hereby 
repealed. 

In  effect  forthivith.  §  .S.  This  Act  shall  take  effect  upon 
fts  passage.     [Approved  May  19,  1908.] 

The  statute  in  reference  to  the  routing  of  new 
street  railways  was  amended  in  1909  to  read  as  follows: 

Locations  of  street  railway  companies.  §  7.  The  board 
of  aldermen  of  a  city  or  the  selectmen  of  a  town,  upon 
the  petition  executed  in  accordance  with  the  by-laws  or 
a  vote  of  the  directors  of  a  street  railway  company 
organized    or    in    process   of   organization    under  the   pro- 


visions of  this  Act,  or  organized  under  a  special  Act, 
for  an  original  location  of  tracks  in  such  city  or  town, 
shall  give  14  days'  notice  of  the  time  and  place  for  a 
hearing  on  such  petition  by  publication  thereof  in  one' 
or  more  newspapers,  if  any,  published  in  said  city  or 
town;  otherwise,  in  such  newspaper  or  newspapers 
published  in  the  county  in  which  the  city  or  town  Is 
situated  as  shall  be  designated  by  the  board  of  aldermen 
or  the  selectmen  of  such  city  or  town;  and  if,  after  a 
hearing,  they  are  of  the  opinion  that  public  necessity 
and  convenience  so  require,  they  may  grant  said  loca- 
tion, or  any  portion  thereof,  and  may  prescribe  how  the 
tracks  shall  be  laid,  and  the  kind  of  rails,  poles,  wires 
and  other  appliances  which  shall  be  used,  and,  in  addi- 
tion to  the  general  provisions  of  law  governing  such 
companies,  and  in  respect  of  matters  not  treated  of  in 
such  provisions,  impose  such  other  terms,  conditions 
and  obligations,  incidental  to  and  not  inconsistent  with 
the  objects  of  a  street  railway  company,  as  the  public 
interests  may  in  their  judgment  require;  but  no  such 
location  shall  be  valid,  until  tlje  board  of  railroad  com- 
missioners, after  public  notice  and  a  hearing  shall  cer- 
tify that  such  location  is  consistent  with  the  public 
Interest's. 

If  the  board  of  railroad  commissioners  requires  an 
alteration  in  such  location  before  certifying  that  the 
same  is  consistent  with  the  public  interests,  said  board 
shall  notify  the  board  of  aldermen  or  selectmen  granting 
such  location  of  such  alteration;  and  thereafter  said 
board  of  aldermen  or  selectmen  may  amend  such  loca- 
tion in  accordance  with  such  alteration:  Provided,  that, 
if  such  alteration  involves  a  change  in  the  route  of  the 
railway,  public  notice  and  a  hearing  shall  be  given  as 
hereinbefore  provided  in  the  case  of  an  original  appli- 
cation for  a  location ;  and  thereafter  the  board  of  rail- 
road commissioners  may,  as  a  part  of  the  original  pro- 
ceedings before  it,  certify  that  such  location  so  amended 
is  consistent  with  the  public  interests.  A  location  so 
certified  to  be  consistent  with  the  public  interests, 
shall  be  the  true  location,  if,  within  60  days  after  the 
issue  of  notice  of  said  certification  to  the  company,  it 
shall  file  a  written  acceptance  of  such  location,  executed 
in  accordance  with  its  by-laws  or  a  vote  of  its  directors, 
with  the  board  of  aldermen  or  selectmen.  A  location 
granted  by  a  board  of  aldermen  or  selectmen,  but  re- 
fused certification  hereunder  by  the  board  of  railroad 
commissioners,  or  not  accepted  as  hereinbefore  provided, 
shall  be  void.  Such  location  shall  also  be  void,  if  the 
certificate  of  incorporation  of  the  street  railway  com- 
pany is  not  issued,  and  its  organization  is  not  com- 
pleted, within  eighteen  months  after  said  issue  of  said 
notice,  of  said  certification,  or  if  application  for  said 
certification  is  not  made  to  the  board  of  railroad  com- 
missioners within  30  days  after  the  grant  of  said  location 
by  the  board  of  aldermen  or  selectmen.  If  in  any  city 
or  town  the  original  location  of  a  street  railway  com- 
pany expires,  is  revoked,  or  otherwise  becomes  void, 
the  provisions  of  this  section  shall  apply  to  a  new 
petition  for  an  original  location  therein.  All  locations 
which  were  granted  or  in  use  before  the  first  day  of 
October  in  the  year  1898  are  ratified  and  confirmed  as 
if  they  had  been  accepted  under  the  provisions  of  this 
section,  and  shall  continue  in  force,  subject  only  to 
revocation  as  provided  in  §  66,  and  to  the  general  pro- 
visions  of   law   governing  such   companies. 

ACTS   OF  1908,  CHAPTER  266. 

An  Act  relative  to  temporary  locations  for  street  railways. 

Temporary  locations  for  street  railways.  §  1.  If  a 
bridge  upon  which  a  street  railway  company  is  author- 
ized to  lay  and  use  tracks  is  being  or  is  to  be  altered, 
rebuilt,  improved  or  repaired,  the  board  of  aldermen  of 
a  city  or  the  selectmen  of  a  town  upon  the  petition  of 
the  president  or  a  majority  of  the  directors  of  such 
street  railway  company  may  grant  a  temporary  location 
for  the  extension  of  the  tracks  of  such  company  in  any 
streets  or  highways  in  such  city  or  town  so  as  to  pro- 
vide such  connection  between  the  existing  tracks  of  such 
street  railway  company  upon  either  side  of  such  bridge 
as  will  prevent  any  interruption  of  proper  transportation 
facilities  by  reason  of  such  alteration,  improvement, 
rebuilding  or  repair,  and  may  prescribe  how  said  track* 


698 


National  Association  of  Railway  Commissioners 


1 


shall    be    laid    and    the    kind    of    rails,    poles,    wires    and 
other  appliances   to   be  used. 

Applications  to  hoard  of  railroad  commissioners.  §  2.  A 
etreet  railway  company  whose  petition  for  such  tem- 
porary location  has  been  refused  in  whole  or  in  part, 
or  has  been  neither  granted  nor  refused,  within  14 
days  after  the  filing  thereof,  may  apply  to  the  board 
of  railroad  commissioners  for  such  temporary  location. 
If  it  shall  appear  to  the  board  of  railroad  commisioners 
that  public  necessity  and  convenience  require  such  tem- 
porary location,  the  board  may  enter  a  decree  granting 
the  same.  In  granting  the  location  the  board  may  pre- 
scribe the  use ,  of  such  appliances  and  impose  such  con- 
ditions and  obligations  as  seem  to  them  proper. 

Location  not  valid  unless.  S  3.  The  temporary  location 
herein  provided  for,  if  granted  by  municipal  authority, 
shall  not  be  valid  unless  the  board  files  with  the  clerk 
of  the  city  or  town  concerned  a  certificate  that  the 
granting  of  the  location  is  consistent  with  the  public 
Interest;  and  in  no  case  shall  the  location  be  valid 
unless  within  30  days  after  the  filing  of  the  said  certifi- 
cate, or  after  the  entering  of  a  decree  by  the  said 
board,  a  majority  of  the  directors  of  the  company  shall 
file  with  the  said  board  a  written  acceptance  of  the  lo- 
cation. 

Limit  of  time  for  use  of  location.  §  4.  A  street  railway 
company  which  is  granted  such  temporary  location  for 
the  extension  of  its  tracks  shall  not  maintain  such 
tracks  nor  operate  cars  over  the  same  beyond  the  period 
during  which  the  operation  of  its  cars  over  such  bridge 
is  interrupted  by  reason  of  such  alteration,  improvement, 
rebuilding  or  repair,  and  at  the  end  of  such  period 
shall  remove  its  tracks  from  the  streets  or  highways 
upon  and  over  v/hich  such  temporary  location  has  been 
granted. 

Expense  of  construction  of  tracks  to  be  apportioned.  §  5. 
It  such  bridge  is  altered,  rebuilt,  improved  or  repaired 
under  the  provisions  of  §  §  23,  24,  25,  26,  27  and  28  of 
part  I  of  chapter  463  of  the  Acts  of  the  year  1906,  the 
cost  of  the  construction  of  the  tracks  of  the  street 
railway  company  upon  and  over  such  temporary  location 
shall  be  reckoned  as  a  part  of  the  charges  and  ex- 
penses of  the  alteration,  improvement  or  repair  of  the 
crossing,  to  be  apportioned  by  the  special  commission 
as   provided   thereunder.      [Approved   March    24,   1908.] 

INCHEASE  OF  CAPITAL  STOCK  AND  ISSUE  OF  BONDS. 

Increase  of  capital  stock  and  issue  of  bonds  for  certain 
purposes.  §  103.  A  street  railway  company,  for  the  pur- 
pose of  building  an  extension,  or  of  acquiring  land  for 
pleasure  resorts,  or  of  acquiring  or  building  power  houses 
or  car  houses  or  park  buildings,  or  of  acquiring  or  equip- 
ping additional  rolling  stock,  or  of  changing  its  motive 
power,  or  of  furnishing  electricity  to  a  town  for  light,  or 
of  abolishing  grade  crossings,  or  of  paying  betterment  as- 
sessments for  widening  or  otherwise  altering  streets,  or  of 
complying  with  any  requirements  lawfully  imposed,  or  of 
making  permanent  investments  or  improvements,  or  of 
acquiring  any  additional  real  or  personal  property  neces- 
sary or  convenient  for  its  corporate  objects,  or  of  refund- 
ing its  funded  debt,  or  for  the  payment  of  money  borrowed 
or  indebtedness  incurred  for  any  of  the  foregoing  purposes, 
or  for  other  similarly  necessary  and  lawful  purposes,  may, 
in  accordance  with  the  provisions  of  §§  107,  108,  111  and 
112  of  part  III,  and  of  §§48  to  56,  inclusive,  of  part  II, 
Increase  its  capital  stock  or  issue  bonds,  secured  by  mort- 
gage or  otherwise,  to  such  an  amount,  beyond  the  amounts 
fixed  and  limited  by  its  agreement  of  association  or  its 
charter,  or  by  any  special  law.  as  the  board  of  railroad  com- 
missioners shall  determine  will  realize  the  amount  which 
has  been  properly  expended  or  will  be  properly  required, 
and  as  said  board  shall  approve  for  such  of  the  purposes 
aforesaid  as  are  set  out  in  its  petition  to  said  board.  Said 
board,  in  authorizing  the  issue  of  any  bonds  under  this  sec- 
tion, may  prescribe  the  minimum  price  at  which  such  bonds 
shall  be  sold,  and  may  modify  such  price  from  time  to  time, 
as  the  board  may  deem  proper.  Whenever  said  board  au- 
thorizes or  has  approved  the  issue  or  sale  of  bonds  of  a  face 
value  in  excess  of  the  amount  determined  by  it  to  have  been 
properly  expended,  or  to  be  properly  required,  it  may,  in  its 
order  of  approval,  or  at  any  time  thereafter,  require  the 
company  issuing  such  bonds  to  establish  a  sinking  fund, 
estimated  to  realize  at  the  maturity  of  said  bonds  a  sum 


equal  to  the  difference  between  the  amount  or  amounts  for 
which  such  bonds  were  authorized  or  approved,  and  the 
face  value  of  the  bonds  so  authorized  or  approved  therefor, 
and  may  designate  some  Massachusetts  trust  company  as 
trustee  and  custodian  of  such  fund,  and  may  from  time  to 
time  change  such  trustee.  The  provisions  of  any  agreement 
relative  to  said  sinking  fund,  made  between  the  street  rail- 
way company  and  the  trust  company  selected  as  such  trus- 
tee, shall  be  submitted  to  said  board  and  shall  not  be  valid 
until  approved  by  it.  [As  amended  by  Act  approved  May 
18,  1 910.  J 

WOBKING   CAPITAL. 

Issue  Of  botids  or  stock  for  working  capital.  J  1.  In 
addition  to  the  purposes  for  which  a  street  railway 
company  may  increase  its  capital  stock  or  issue  bonds. 
as  provided  in  §  103  of  part  III  of  chapter  463  of  the 
Acts  of  the  year  1906,  a  street  railway  company  for  the 
purpose  of  supplying  itself  with  working  capital  may, 
In  accordance  with  the  provisions  of  §  §  107,  108,  J 10, 
111  and  112  of  part  III  of  said  chapter,  or  of  chaffer 
636  of  the  Acts  of  the  year  1908,  as  amended  by  chafter 
369  of  the  Acts  of  the  year  1909,  in  the  case  of  com- 
panies to  which  said  last  mentioned  chapter  is  apr  lie- 
able,  and  of  §  §  48  to  56,  inclusive,  of  part  II  of  said 
chapter  463,  increase  its  capital  stock  to  an  amount  not 
exceeding  5  per  cent  of  the  par  value  of  its  cap  tal 
stock  then  outstanding,  or  may  issue  bonds,  secured 
by  mortgage  or  otherwise,  to  an  amount,  beyond  the 
amounts  fixed  and  limited  by  its  agreement  of  ai  so- 
ciation,  or  by  the  provisions  of  any  general  or  special 
law,  and  not  more  than  the  board  of  railroad  comriis- 
sloners  shall  determine  will  he  properly  required  for 
such  purpose,  an  as  said  board  shall  approve  as  l>e  ng 
consistent  with  the  interest  of  the  public  and  of  he 
stockholders  of  such  company  and  as  not  unreasonaoly 
reducing   the    security   of   any    bond    previously   issue* . 

§  2.  This  Act  shall  take  effect  upon  Its  passage.  [  Vp- 
proved  June  11,  1909.] 

Reduction  of  capital  stock.  §  104.  Upon  the  petit  on 
of  a  street  railway  company  for  authority  to  red  ice 
its  capital  stock,  presented  in  accordance  with  a  v  ite 
of  the  stockholders  at  a  meeting  called  for  the  purp(  se, 
the  board  of  railroad  commissioners  may,  after  a  hear  ng 
and  such  examination  of  the  financial  condition  of  he 
company  as  it  considers  necessary,  authorize  such  re- 
duction to  be  made,  if  it  appears  to  be  consistent  ■«  ith 
the  public  interests  and  with  the  limitations  impo  ed 
by  general  or  special  laws.  A  certificate  of  the  amo  mt 
of  the  reduction  and  of  any  terras  and  conditions  impo  ed 
shall  be  forthwith  filed  by  said  board  in  the  office  of 
the  secretary  of  the  commonwealth.  When  such  re- 
duction is  made,  no  money  or  other  prop<  rty 
shall  be  paid  or  transferred  to  the  stockholders  uni  ^ss 
specially  authorized  by  said  board,  and  by  a  vote  of  he 
directors  of  the  company  taken  by  yeas  and  nays  a  a 
meeting  called  for  the  purpose.  The  directors  i  ho 
vote  therefor  shall  be  jointly  and  severally  liable  for  :he 
debts  or  contracts  of  the  company  which  exist  at  the 
time  when  the  capital  stock  is  reduced,  to  the  extent 
of  the  money  or  property  paid  or  transferred  to  the 
stockholders. 

Stock  and  scrip  dividends.  §  105.  A  street  railway  c  Dm- 
pany  shall  not  declare  any  stock  or  scrip  dividend  or 
divide  the  proceeds  of  the  sale  of  stock  or  scrip  am  mg 
its  stockholders. 

Liability  of  directors.  J!  106.  A  certificate  of  stoct  or 
scrip  issued  in  violation  of  the  provisions  of  the  )re- 
ceding  section  shall  be  void;  and  each  director  of  the 
company  issuing  it  shall  be  liable  to  a  penalty  of  $1,)00, 
to  be  recovered  by  an  iadictment  in  the  county  in  wMch 
he  resides,  or,  if  he  resides  in  no  county  in  this  com- 
monwealth, in  the  county  in  which  he  is  commorant  or 
the  offense  was  committed;  but  if  any  such  dire -tor 
proves  that,  before  such  issue,  he  filed  his  dissent  In 
writing  thereto  with  the  clerk,  or  was  absent,  and  at 
no  time  voted  therefor,  he  shall  not  be  so  liable. 

Issue  of  capital  stock,  bonds,  coupon  notes  and  o'her 
evidences  of  indebtedness.  §  107.  A  street  railway  com- 
pany shall  issue  only  such  amounts  of  stock  and  bonds, 
coupon  notes  or  other  evidences  of  indebtedness  payable 
at  periods  of  more  than  12  months  after  the  date  thereof, 
as  the  bord  of  railroad  commissioners  may  from  time 
to   time    determine   to   be   reasonably  necessary   for  the 


Public  Service  Laws 


699 


purpose  for  which  euch  issue  of  stock  or  bonds  has 
been  authorized.  Said  board  shall  render  a  decision 
upon  an  application  for  such  issue  within  30  days  after 
the  final  hearing  thereon.  Such  decision  shall  be  in 
writing,  shall  assign  the  reasons  therefor,  shall,  if 
authorizing  such  issue,  specify  the  respective  amounts 
of  stock  or  bonds,  or  coupon  notes  or  other  evidences 
of  indebtedness  aforesaid,  which  are  authorized  to  be 
issued  for  the  respective  puriwses  to  which  the  proceeds 
thereof  are  to  be  applied,  and  shall,  within  seven  days 
after  it  has  been  rendered,  be  filed  in  the  ofllce  of  said 
board.  A  certificate  of  the  decision  of  said  board  shall, 
within  three  days  after  such  decision  has  been  rendered 
and  before  the  stocks  or  bonds  or  coupon  notes  or  other 
evidences  of  indebtedness  as  aforesaid  are  issued,  be  gled 
In  the  office  of  the  secretary  of  the  commonwealth,  and 
a  duplicate  thereof  delivered  to  the  company.  Such 
company  shall  not  apply  the  proceeds  of  such  stock  or 
bonds  or  coupon  notes  or  other  evidences  of  indebted- 
ness as  aforesaid  to  any  purpose  not  specified  in  such 
certificate. 

Limit  of  issue  of  l>onds,  coupon  notes  and  other  evi- 
dences of  indebtedness.  §  108.  A  street  railway  company, 
unless  expressly  authorized  by  its  charter  or  by  special 
law,  shall  not  issue  bonds,  coupon  notes  or  other  evi- 
dences of  indebtedness  payable  at  periods  of  more  than 
12  months  after  the  date  thereof  to  an  amount  which, 
Including  the  amount  of  all  such  securities  previously 
Issued  and  outstanding,  exceeds  in  the  whole  the  amount 
of  its  capital  stock  at  the  time  actually  paid  in;  but 
this  limitation  shall  not  apply  to  the  issue  of  bonds 
for  the  purpose  of  paying  and  refunding  at  maturity 
bonds  lawfully  issued  prior  to  the  second  day  of  .lune 
in  the  year  1897;  nor  shall  it  apply  to  such  of  the  bonds 
issued  or  to  be  issued  under  a  mortgage  as  are  deposited 
to  retire  at  or  before  maturity  bonds  or  other  evi- 
dences of  indebtedness  previously  issued  and  outstanding 
at  the  date  of  such  mortgage,  and  as  do  not  exceed  the 
par  value  of  the  funded  or  other  debt  so  to  be  retired; 
and  such  company  shall  not  issue  the  securities  speci- 
fied in  this  section  unless  authorized  by  a  vote  of  its 
stockholders    at   a    meeting    called   for   the   purpose. 

Enforcement.  §  109.  The  supreme  judicial  court  or  the 
Superior  Court  shall  have  jurisdiction  in  equity,  upon  the 
application  of  the  board  of  railroad  commissioners,  of  the 
attorney-general,  of  any  stockholder  or  of  any  Interested 
party,  to  enforce  the  provisions  of  the  two  preceding 
sections  and  all  lawful  orders  and  decisions,  conditions 
or  requirements  of  said  board  made  in  pursuance 
thereof. 

Penalties.  §  110.  A  director,  treasurer  or  other  officer  or 
agent  of  a  street  railway  company  who  knowingly  votes 
to  authorize  the  issue  of,  or  knowingly  signs,  certifies  or 
Issues,  stock  or  bonds  contrary  to  the  provisions  of  the 
three  preceding  sections,  or  who  knowingly  votes  to  au- 
thorize the  application,  or  knowingly  applies  the  pro- 
ceeds, of  such  stock  or  bonds  contrary  to  the  provisions 
of  said  sections,  or  who  knowingly  votes  to  assume  or 
Incur,  or  knowingly  assumes  or  incurs  in  the  name  or 
behalf  of  such  company,  any  debt  or  liability  except  for 
the  legitimate  purposes  of  the  company  shall  be  pun- 
ished by  a  fine  of  not  more  than  $1,000,  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine 
and   imprisonment. 

New  shares  to  Be  offered  to  stockholders  upon  increase 
of  capital  stock.  §  111.  If  a  company  which  owns  or  oper- 
ates a  street  railway  increases  its  capital  stock,  such 
new  shares  as  are  necessary  to  produce  the  amount 
of  Increased  capital  stock  which  has  been  authorized 
shall,  except  as  provided  in  the  following  section,  be 
offered  proportionately  to  its  stockholders  at  such  price 
not  less  than  the  market  value  thereof  at  the  time  of 
increase,  as  may  be  determined  by  the  board  of  railroad 
commissioners,  taking  into  account  previous  sales  of 
stock  of  the  company  and  other  pertinent  conditions, 
which  determination  shall  be  in  writing  and  with  the 
date  thereof  shall  be  certified  to  and  recorded  in  the 
books  of  the  company.  The  directors,  upon  the  approval 
of  such  increase  as  provided  in  §  107,  and  the  determina- 
tion of  the  market  value  as  hereinbefore  provided,  shall 
cause  written  notice  of  such  increase  to  be  given  to  each 
stockholder  of  record  upon  the  books  of  the  company  at 
the  close  of  business  on  the  date  of  such  determination 


by  said  board,  stating  the  amount  of  such  increase,  the 
number  of  shares  or  fractions  of  shares  to  which  he, 
according  to  the  proportionate  number  of  his  shares 
at  the  date  of  such  determination,  is  entitled,  the  price 
at  which  he  is  entitled  to  take  them,  and  fixing  a  time, 
not  less  than  15  days  after  the  date  of  such  determina- 
tion by  said  board,  within  which  he  may  subscribe  for 
such  additional  stock.  Each  stockholder  may,  within 
the  time  limited,  subscribe  for  his  portion  of  such 
stock,  which  shall  be  paid  for  in  cash  before  the  issue 
of  a   certificate   therefor. 

Stock  sold  at  auction.  §  112.  If  the  increase  In  the 
capital  stock  which  is  subject  to  the  provisions  of  the 
preceding  section  does  not  exceed  4  per  cent  of  the 
existing  capital  stock  of  the  company,  the  directors, 
without  first  offering  the  same  to  the  stockholders,  may 
sell  them  by  auction  to  the  highest  bidder  at  not  less 
than  the  par  value  thereof  to  be  actually  paid  in  cash. 
They  may  also  so  sell  at  public  auction  any  shares, 
which,  after  the  expiration  of  the  time  limited  in  the 
notice  required  by  the  preceding  section,  remain  un- 
subscribed for  by  the  stockholders  entitled  to  take  them. 
Such  shares  shall  be  offered  for  sale  in  the  city  of 
Boston,  or  in  such  other  city  or  town  as  may  be  pre- 
scribed by  the  board  of  railroad  commissioners;  and 
notice  of  the  time  and  place  of  such  sale  shall  be  pub- 
lished at  least  five  times  during  the  10  days  immedi- 
ately preceding  the  sale  in  each  of  at  least  three  of 
guch  daily  newspapers  as  may  be  prescribed  by  said 
board.  No  shares  shall  be  sold  or  issued  under  this  or 
the  preceding  section  for  a  less  amount  to  be  actually 
paid  in  cash  than  the  par  value  thereof. 

Abolishing  railroad  grade  crossings.  §  113.  For  the 
purpose  of  avoiding  or  abolishing  a  crossing  of  a  rail- 
road by  the  tracks  of  a  street  railway  company  at  grade, 
the  company  may  purchase  or  otherwise  take  land  nec- 
essary therefor,  not  exceeding  50  feet  in  width,  out- 
side the  limits  of  a  public  way;  but  no  land  shall  be 
so  taken  which  cannot  lawfully  be  taken  for  the  laying 
out  of  a  railroad,  nor  shall  it  be  so  taken  until  a  plan 
on  an  appropriate  scale,  showing  by  metes  and  bounds 
the  land,  and  the  names  of  the  owners  thereof,  has, 
after  notice  to  such  owners,  and  after  such  public  notice 
and  hearing  as  is  required  by  §  7,  been  approved  in 
writing  by  the  board  of  aldermen  of  the  city  or  the 
selectmen  of  the  town  in  which  such  land  is  situated; 
nor  shall  the  land  of  a  railroad  corporation  or  of  an- 
other street  railway  company  be  so  taken  without  its 
consent,  except  with  the  approval  of  the  board  of  rail- 
road  commissioners,   after  notice   and   a  hearing. 

Plan  of  land  taken.  §  114.  A  deed  or  description  and  a 
plan  of  the  land  so  purchased  or  taken  shall  be  filed 
In  the  registry  of  deeds  for  the  county  or  district  in 
which  the  land  is  situated;  and  the  provisions  of  law 
relative  to  the  assessment,  payment  or  recovery  of 
damages  for  land  and  other  property  taken  for  railroad 
purposes  shall  apply  to  land  and  property  taken  under 
the   provisions   of   the   preceding  section. 

Plan  of  crossing — Duty  of  commission.  §  115.  A  street 
railway  company,  which  has  acquired  land  for  such 
purpose,  may  construct  its  railway  over  or  under  a  rail- 
road, in  the  manner  agreed  upon  by  the  companies,  or, 
If  they  do  not  agree,  in  the  manner  prescribed  by  the 
board  of  railroad  commissioners;  but  no  overhead  struc- 
ture shall  be  built  at  a  height  of  less  than  18  feet  above 
the  railroad  track  without  the  consent  in  writing  of  said 
board. 

Location  partly  within  city.  §  116.  The  board  of  alder- 
men of  a  city  or  the  selectmen  of  a  town  in  case  of  a 
public  way,  and  the  Massachusetts  highway  commission. 
In  case  of  a  State  highway,  may  authorize  structures 
or  alterations  within,  or  partly  within,  the  limits  thereof, 
which  are  necessary  for  carrying  a  street  railway  over 
or  under  a  railroad,  if  such  way  is  not  thereby  made  un- 
safe for  other  public  travel. 

Commission  may  authorize  change  of  name.  §  122.  Upon 
the  application  of  any  street  railway  company,  authorized 
by  a  vote  of  two  thirds  of  the  stockholders  present  and 
voting  at  a  meeting  called  for  the  purpose,  the  board 
of  railroad  commissioners  may,  after  public  notice  and 
a  hearing,  authorize  such  company  Jo  change  its  name. 

Public  notice  given.    §  123.    A  certified  copy  of  such  au- 


700 


National  Association  of  Railway  Commissioners 


thorization  and  a  certificate  of  the  vote  of  the  corpora- 
tion, signed  and  sworn  to  by  the  president,  treasurer 
and  a  majority  of  the  directors,  shall  be  filed  in  the 
office  of  the  secretary  of  the  commonwealth.  The 
board  of  railroad  commissioners  shall  require  public  notice 
to  be  given  of  the  change  so  authorized;  and  upon  re- 
ceipt of  proof  thereof  the  secretary  of  the  common- 
wealth may  grant  a  certificate  of  the  name  which  the 
company  shall  bear,  which,  subject  to  the  restrictions 
of  §  4,  shall  thereafter  be  its  legal  name. 

Rights  and  liaMlities  under  new  name.  §  124.  A  street 
railway  company  shall  have  the  same  rights,  powers 
and  privileges,  and  be  subject  to  the  same  duties,  ob- 
ligations and  liabilities,  under  its  new  name  as  before 
its  name  was  changed,  and  may  sue  and  be  sued  by  its 
new  name;  but  any  action  brought  against  it  by  Its 
former  name  shall  not  be  defeated  on  that  account,  and, 
on  motion  of  either  party,  the  new  name  may  be  sub- 
etituted   therefor. 

A  statute  passed  in  1908  provides  that  savings  banks  may 
Invest  funds  as  follows: 

Investments  in  street  railway  bonds.  Fifth.  In  the 
bonds  of  any  street  railway  company  incorporated  in  this 
commonwealth,  the  railway  of  which  is  located  wholly  or  in 
part  therein,  and  which  has  earned  and  paid  in  dividends 
In  cash  an  amount  equal  to  at  least  5  per  cent  upon  all  its 
outstanding  capital  stock  in  each  of  the  five  years  last  pre- 
ceding the  certification  by  the  board  of  railroad  commis- 
sioners hereinafter  provided  for.  No  such  investment  shall 
be  made  unless  said  company  appears  from  returns  made  by 
It  to  the  board  of  railroad  commissioners  to  have  properly 
paid  said  dividends  without  impairment  of  assets  or  capi- 
tal stock,  and  said  board  shall  on  or  before  the  fifteenth  day 
of  January  in  each  year  certify  and  transmit  to  the  bank 
commissioner  a  list  of  such  street  railway  companies. 

Dividends  paid  by  way  of  rental  to  stockholders  of  a 
leased  street  railway  company  shall  be  deemed  to  have  been 
earned  and  paid  by  said  company  within  the  meaning  of 
this  clause,  provided  that  said  company  shall  have  annually 
earned,  and  properly  paid  in  dividends  in  cash,  without  im- 
pairment of  assets  or  capital  stock,  an  amount  equal  to  at 
least  5  per  cent  upon  all  its  outstanding  capital  stock  in 
each  of  the  five  fiscal  years  next  preceding  the  date  of  the 
lease  thereof. 

If  two  or  more  street  railway  companies  have  been  con- 
solidated by  purchase  or  otherwise  during  the  five  years 
prior  to  said  certification,  the  payment  severally  from  the 
earnings  of  each  year  of  dividends  equivalent  in  the  aggre- 
gate to  a  dividend  of  5  per  cent  on  the  aggregate  capital 
stock  of  the  several  companies  during  the  years  preceding 
such  consolidation  shall  be  sufficient  for  the  purpose  of  this 
Act. 

In  gas,  telephone  and  electric  light  l)onds.  Eighth. 
.  .  .  c.  A  bond  or  note  of  a  gas,  electric  light,  telephone  or 
street  railway  corporation  incorporated  or  doing  business 
in  this  commonwealth  and  subject  to  the  control  and  super- 
vision thereof;  provided,  that  the  net  earnings  of  said  cor- 
poration, after  payment  of  all  operating  expenses,  taxes  and 
Interest,  as  reported  to,  and  according  to  the  requirements 
of,  the  proper  authorities  of  the  commonwealth,  have  been 
In  each  of  the  three  fiscal  years  next  preceding  the  making 
or  renewing  of  such  loan  equal  to  not  less  than  4  per  cent 
on  all  its  capital  stock  outstanding  in  each  of  said  years. 

Railroad  commissioners  to  transmit  list  to  bank  com- 
missioner. §  148.  The  board  of  railroad  commissioners 
shall  on  or  before  the  15th  day  of  January  of  each  year 
transmit  to  the  bank  commissioner  a  list  of  all  street  rail- 
way companies  which  appear  from  the  returns  made  by  said 
companies  to  have  properly  paid,  without  impairment  of 
assets  or  capital  stock,  the  dividends  required  by  the  pre- 
ceding section. 

Bank  commissioners  to  prepare  lists.  §  149.  The  bank 
commissioner  shall,  as  soon  as  may  be  after  the  receipt  of 
the  list  provided  for  in  the  preceding  section,  prepare  a 
list  of  such  bonds  Issued  by  any  street  railway  company 
and  certified  by  the  board  of  railroad  comnrissioners,  in  ac- 
cordance with  the  provisions  of  the  preceding  section,  as 
the  bank  commissioner  shall  deem  good  and  safe  securities 
for  the  investments  of  savings  banks  and  institutions  for 
savings.  Such  list  shall  at  all  times  be  kept  open  to  the 
Inspection  of  the  public. 

Savings  tanks  may  loan  upon  certain  street  raiUcay 
bonds.     §  150.     Savings  banks  and  institutions  for  savings 


may  Invest  their  deposits  and  the  Income  derived  therefrom 
In  the  note  or  notes  of  any  citizen  of  this  commonwealth, 
with  a  pledge  as  collateral,  at  not  more  than  the  par  value 
thereof,  of  the  bonds  of  a  street  railway  company  in  which 
the  savings  banks  of  the  commonwealth  are  authorized  by 
law  to  invest. 

EXCISE    TAX    FOE     STREET    MAINTENANCE. 

Excise  tax — How  levied.  §  134.  On  or  before  the  first 
day  of  November  annually  the  assessors  of  every  city  and 
town  in  which  a  street  railway  is  operated,  including  a 
company  whose  lines  are  located  partly  within  and  partly 
without  the  limits  of  the  commonwealth,  whether  chartered 
or  organized  under  the  laws  of  this  commonwealth  or  else- 
where, shall  assess  on  each  company  described  in  the  pre- 
ceding section  operating  a  railway  therein  an  excise  tax 
of  an  amount  equal  to  such  proportion  of  the  following  per- 
centages of  the  gross  receipts  of  such  company  as  the  length 
of  tracks  operated  by  it  in  public  ways  and  places  of  such 
city  or  towns  bears  to  the  total  length  of  tracks  operated 
by  it  in  public  ways  and  places. 

The  percentages  shall  be  based  upon  the  annual  gross 
receipts  for  each  mile  of  track  as  follows  and  computed 
upon  the  aggregate  of  said  annual  gross  receipts:  $4,000  or 
less,  1  per  cent;  more  than  $4,000  and  less  than  $7,000,  2 
per  cent;  more  than  $7,000  and  less  than  $14,000,  2^4  per 
cent;  more  than  $14,000  and  less  than  $21,000,  2%  per  cent; 
more  than  $21,000  and  less  than  $28,000,  2%  per  cei  t; 
$28,000  or  more,  3  per  cent. 

The  excise  tax  provided  by  this  section  shall  be  in  adll- 
tlon  to  the  taxes  otherwise  provided  by  law.    •    *    • 

Notification  to  collector.  §136.  Prior  to  the  fifteenth 
day  of  November  In  each  year  the  assessors  of  every  city 
and  town  shall  notify  the  collector  of  taxes  thereof  of  tie 
amount  of  excise  tax  assessed  therein  under  fhe  provisiois 
of  §  134,  and  the  collector  shall  forthwith  notify  the  trei.s- 
urer  of  every  street  railway  company  of  the  amount  of  <  x- 
clse  tax  so  assessed  upon  it,  which  shall  become  due  aid 
payable  within  30  days  after  the  receipt  of  such  notice.  T  la 
provisions  of  chapter  13  of  the  Revised  Laws,  so  far  as  { p- 
proprlate,  shall  apply  to  the  collection  of  such  excise  tax. 

Proceeds  applied  to  maintenance  of  streets.  §  137.  J  11 
taxes  which  are  collected  from  a  street  railway  compa;  y 
and  paid  to  a  city  or  town  under  the  provisions  of  the  P3  e- 
cedlng  section  of  §  132,  and  of  §  28  of  chapter  578  of  tl  e 
Acts  of  the  year  1898,  shall  be  applied  toward  the  repair 
and  maintenance  of  the  public  ways  and  the  removal  if 
snow  therefrom  within  such  city  or  town.  [As  amended }  \ 
Act  approved  April  22,  1907.]  i 

BOOKS,   REltTBNS   AND  REPORTS. 

Street  railways  to  keep  uniform  accounts — Annual  i  < 
ports  to  commission.  §  151.  Every  street  railway  compai 
shall  keep  its  books  and  accounts  in  a  uniform  manner,! 
upon  the  system  prescribed  by  the  board  of  railroad  coi  i- , 
missioners;  and  the  directors  of  every  company  shall  aa- 
nually,  on  or  before  the  first  Wednesday  of  Novembt  r, 
transmit  to  said  board  a  return  of  the  doings  of  the  coii- 
pany  for  the  year  ending  on  the  I3th  day  of  Septemhr 
preceding,  which  shall  be  sworn  to  by  themselves  and  by 
the  treasurer  and  the  superintendent  of  the  company.  Sui  h 
return  shall  set  forth  copies  of  all  leases  and  contrac  3 
made  during  the  year  with  other  companies  and  Im  1- 
vlduals,  and  shall  contain  full  and  complete  informatic  n 
upon  the  several  Items  contained  In  the  form  prescribed  ly 
said  board.  A  company  which  owns  a  leased  railway  sht  11 
be  responsible  for  the  completeness  and  correctness  of  Its 
annual  'return  to  the  same  extent  as  If  the  railway  were 
In  Its  own  possession.  If  a  return  is  defective  or  appeals 
to  be  erroneous,  the  said  board  shall  notify  the  company  ;o 
amend  it  within  15  days.  A  company  which  neglects  :o 
make  a  return,  or  to  amend  it  when  notified  so  to  do,  shjll 
forfeit  $25  for  each  day  during  which  such  neglect  coi- 
tinues.  , 

Board  of  railroad  commissioners  may  change  form  of 
returns— To  furnish  Hanks.  §  152.  The  board  of  rallroiid 
commissioners  may  make  changes  In  and  additions  to  tlie 
form  of  the  returns  required  by  the  preceding  section,  if 
It  gives  to  the  several  companies  one  year's  notice  of  any 
such  changes  and  additions  as  require  an  alteration  in  the 
method  or  form  of  keeping  their  accounts;  and  shall  an- 
nually, on  or  before  the  15th  day  of  September,  furnish 
blank  forms  for  such  returns. 

Tables  and  abstracts  of  reports.     §  153.     The  board  of 


Public  Service  Laws 


701 


railroad  commissioners  shall  prepare  tables  and  abstract! 
of  the  returns  of  the  several  companies,  and  transmit  said 
returns  and  tables  and  abstracts  to  the  secretary  of  the 
commonwealth  at  the  time  and  in  the  manner  provided  In 
§  5  of  part  I  for  the  transmission  of  the  returns  of  railroad 
corporations. 

Lessee  of  street  railway  to  make  same  report  to  lessor. 
1 154.  The  lessee  of  a  street  railway  shall  make  to  the 
company  which  owns  it  the  same  annual  return  under  oath 
of  the  operations  and  business  of  the  railway  as  Is  required 
of  the  company  which  owns  it;  and,  for  failure  so  to  do, 
shall  be  liable  in  an  action  of  tort  to  said  company  for  all 
the  penalties  prescribed  by  law  for  failure  by  it  to  make  Its 
annual  return. 

Records  of  proceedings  before  toards.  §  155.  Every 
State  board  and  commission  shall  keep  a  record  of  its  pro- 
ceedings in  any  matter  considered  by  It  under  the  provi- 
sions of  this  chapter  or  under  any  laws  affecting  street 
railways  in  which  It  shall  enter  every  request  made  by  any 
party  before  it  for  a  ruling  of  law  and  of  Its  action  upon 
such  request,  and  the  neglect  either  to  grant  or  refuse  such 
request  shall  be  taken  in  any  judicial  review  of  such  pro- 
ceedings as  a  refusal. 

THE  ELECTRIC  RAILROAD  LAW. 

CHAPTER  516  OF  THE  ACTS  OF  1906. 

An  Act  relative  to  electric  railroad  companies. 

FORMATION  AND  POWERS. 

Formation.  §  1.  Fifteen  or  more  persons  may  associate 
themselves  by  a  written  agreement  of  association  with 
the   intention   of   forming   an   electric    railroad    company. 

Powers.  %  2.  Such  company  shall  have  authority,  sub- 
ject to  the  provisions  of  this  Act,  to  construct,  operate 
and  maintain  a  railroad  or  railway,  including  poles, 
wires,  or  other  appliances  and  equipment  connected 
therewith,  of  the  class  operated  by  electricity  or  by 
any  power  other  than  steam,  which  the  board  of  rail- 
road commissioners  shall  approve,  and  constructed 
wholly  upon  private  land  purchased  or  taken  by  said 
company  under  the  provisions  of  this  Act;  or  con- 
structed partly  upon  Such  private  land  so  purchased  or 
so  taken  by  said  company  and  partly  upon  public  ways 
and  places,  but  at  least  one-half  of  which  Is  constructed 
upon  such  private  land.  Such  company  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the 
duties,  liabilities  and  restrictions,  relative  to  railroad 
corporations,  set  forth  in  chapter  463  of  the  Acts  of  the 
year  1906,  except  as  is  otherwise  specially  provided  In 
this  Act. 

Agreement  of  association — Contents,  etc.  §  3.  The  agree- 
ment of  association  shall  state: 

(a)  That  the  subscribers  thereto  associate  them- 
selves with  the  intention  of  forming  an  electric  railroad 
company. 

(b)  The  corporate  name  assumed,  which  .shall  be 
one  not  in  use  by  other  electric  railroad  company  in  the 
commonwealth,  or,  in  the  judgment  of  the  board  of  rail- 
road commissioners,  so  similar  thereto  as  to  be  likely  to 
be  mistaken  for  it,  or  for  any  railroad  corporation  or 
street  railway  company  in  this  commonwealth,  and  which 
shall  contain  the  words,  "electric  railroad  company,"  at 
the   end   thereof. 

(c)  The  termini  of  the  railroad. 

(d)  The  length  of  the  railroad,  as  nearly  as  may  be. 

(e)  The  name  of  each  county,  city  and  town  In 
which  the  railroad  is  to  be  located. 

(f)  The  gauge  of  the  railroad,  which  shall  be  four 
feet  eight  and  one-half  inches. 

(g)  The  total  amount  of  the  capital  stock  of  the  com- 
pany, which  shall  be  not  less  than  $10,000  for  each  mile. 

(h)  The  par  value  of  the  shares,  which  shall  be 
$100. 

(i)  The  names  and  residences  of  at  least  five  per- 
sons, who  shall  be  subscribers  to  the  agreement  of  asso- 
ciation, to  act  as  directors  until  others  are  chosen  and 
qualified  in  their  stead. 

Bach  associate  shall  subscribe  to  the  agreement  of 
association  his  name,  residence,  postofflce  address,  and 
the  number  of  shares  of  stock  which  he  agrees  to  take, 
but  no  subscriber  shall  be  bound  to  pay  more  than  10 
per  cent  of  the  amount  of  his  subscription  unless  a  com- 
pany is  incorporated. 


Publication  of  agreement  of  association.  §  4.  The  direc- 
tors, before  applying  to  the  board  of  railroad  commis- 
sioners as  hereinafter  provided,  shall  cause  a  copy  of 
the  agreement  of  association  to  be  published  in  a  news- 
paper, if  there  be  any,  published  in  each  of  the  cities 
and  towns  in  which  the  railroad  is  to  be  located,  and 
if,  in  any  county,  a  newspaper  is  published  in  none  of 
said  cities  and  towns  therein,  in  such  newspaper  pub- 
lished in  said  county  as  shall  be  designated  by  the  board 
of  railroad  commissioners,  at  least  once  in  each  of  three 
successive  weeks;  and  the  sworn  certificate  of  the  clerk 
shall  be  conclusive  evidence  thereof. 

Certificate  of  public  convenience  and  necessity — Exi- 
gency. §  5.  After  compliance  with  the  provisions  of  §  1 
and  of  the  two  preceding  sections,  and  within  30  days 
after  the  first  publication  of  notice  of  the  agreement  of 
association  therein  required,  the  directors  therein  named 
shall  apply  to  the  board  of  railroad  commissioners  for  a 
certificate  that  public  convenience  and  necessity  require 
the  construction  of  a  railroad  as  proposed  in  such  agree- 
ment. With  such  application  said  directors  shall  file  a 
map  of  the  railroad  showing  the  cities  and  towns 
through  which  it  will  pass,  the  principal  highways,  rail- 
ways, railroads,  navigable  streams  and  tide  waters  to 
be  crossed,  and  the  extent  to  which  the  route  of  the 
railroad  will  be  fixed  upon  private  land  or  will  be  lo- 
cated longitudinally  upon  public  ways  and  places.  They 
shall  also  file  a  general  profile  of  the  railroad  showing 
the  grades,  and  shall  submit  an  estimate  showing  in  rea- 
sonable detail  the  cost  of  construction.  The  directors 
shall  also  furnish  such  additional  maps  and  information 
as  said  board  may  require.  Prior  to  the  decision  of 
said  board  the  directors  may  change  or  modify  the  route 
in  any  city  or  town  in  whole  or  in  part  either  at  the 
suggestion  of  said  board  or  otherwise.  If  said  board 
refuses  to  issue  such  certificate,  no  further  proceedings 
shall  be  had,  but  the  application  may  be  renewed  after 
one  year  from  the  date  of  such  refusal. 

Proceedings  before  boards  of  aldermen  or  selectmen. 
§  6.  In  case  the  board  of  railroad  commissioners  grants 
the  certificate  specified  in  the  preceding  section,  the  di- 
rectors may,  within  60  days  after  the  granting  thereof, 
apply  to  the  board  of  aldermen  of  each  city  and  to  the 
selectmen  of  each  town  in  which  the  railroad  is  to  be 
located  to  fix  the  route  of  the  railroad  in  such  city  or 
town,  and  with  such  application  the  directors  shall  file 
a  copy  of  the  maps  "and  general  profile,  and,  upon  re- 
quest, the  other  information  presented  to  the  board  of 
railroad  commissioners.  The  board  of  aldermen  and  the 
selectmen  shall  give  14  days'  notice  of  the  time  and 
place  for  a  hearing  on  such  application  by  publication 
thereof  in  one  or  more  newspapers,  if  there  be  any,  pub- 
lished in  said  city  or  town;  otherwise  in  such  newspaper 
or  newspapers  published  in  the  county  in  which  the  city 
or  town  is  situated  as  shall  be  designated  by  the  board 
of  railroad  commissioners;  and  written  notice  of  the 
time  and  place  at  which  such  hearing  will  be  held  shall 
be  mailed  at  least  seven  days  before  said  hearing  by 
the  clerk  of  the  city  or  town  in  which  the  application 
for  locations  has  been  filed  to  the  owners  as  determined 
by  the  last  preceding  assessment  for  taxation  of  real 
estate  along  the  public  ways  or  parts  of  ways  upon 
which  it  is  proposed  to  construct  said  line  and  to  the 
owners  of  private  land  upon  which  the  route  of  the  rail- 
road is  to  be  fixed,  the  board  of  aldermen  or  the  se- 
lectmen shall  set  forth  in  the  certificate  required  by 
§  7  the  fact  that  such  notice  was  mailed  as  above  pro- 
vided.] and  said  clerk  shall  make  and  deliver  to  the  direc- 
tors at  the  hearing  a  certificate  setting  forth  the  fact  that 
such  notice  was  published  and  mailed  as  provided  above, 
and  such  certificate  shall  be  conclusive  evidence  thereof. 
[As  amended  1907,  the  words  in  brackets  stricken  out  and 
the  words  in  Italics  added.] 

Fixing  route  of  electric  railway — Commission  may  au- 
thorize abandonment  or  change  of  route.  §  7.  If  the  route 
designated  in  the  application  is  agreed  to  by  the  board 
of  aldermen  or  the  selectmen,  and  all  requirements 
in  respect  of  the  part  of  said  route  located  longitudi- 
nally upon  public  ways  and  places  are  assented  to  by  the 
directors,  and  thereafter  are  approved  in  writing  by  the 
board  of  railroad  commissioners,  the  board  of  aldermen  or 
the  selectmen  shall  make  a  certificate  setting  forth  the 
route  as  fixed   by  them,  which  shall  be  certified  by  said 


702 


National  Association  of  Railway  Commissioners 


board  or  their  clerk  to  the  directors,  and  no  further  pro- 
ceedings shall  be  necessary,  but  the  route  so  agreed  to  shall 
be  the  route  of  said  railroad  in  such  city  or  town,  except  as 
hereinafter   provided.     If   the   board    of   aldermen    or   the 
BClectmen  agree  with  the  directors  upon  a  route  different 
from  that  designated  in  the  application,  or  fail  within  90 
days  after  the  date  of  the  filing  of  the  application  to  agree 
■with  the  directors  upon  a  route,  or  as  to  requirements  In 
respect  of  the  part  of  the  route  located  longitudinally  upon 
public  ways  and  places  which  meet  with  the  approval  of  the 
board  of  railroad  commissioners,  the  directors  or  the  board 
of  aldermen  or  selectmen  within  100  days  after  the  date 
of  the  filing  of  the  application  may  apply  to  the  board  of 
railroad  commissioners,  which  may,  in  its  discretion,  after 
notice  to  the  directors  and  board  of  aldermen  or  selectmen, 
and  after  public  notice  and  a  hearing,  fix  the  route  and  de- 
termine the  grades  and  method  of  constructing  said  rail- 
road in  such  city  or  in  such    town,  and    no    change    shall 
thereafter  be  made  by  the  directors  in  the  grades  or  method 
of  construction  so  determined  without  the  approval  In  writ- 
ing of  the  board  of  railroad  commissioners  after  notice  to 
the  board  of  aldermen  or  selectmen  and  after  public  notice 
and  a  hearing.     Said  board  shall  thereupon  make  a  certifi- 
cate setting  forth  the  route  as  fixed  by  it,  which  route  shall 
be  certified  by  its  clerk  to  the  directors.     In  fixing  such 
route  the  board  of  railroad  commissioners  shall  not  locate 
It  longitudinally  upon  any  public  away  or  place  in  such 
city  or  town  without  the  consent  of  the  board  of  aldermen 
of  such  city  or  the  selectmen  of  such  town.     That  part  of 
the  route  which  consists  of  a  location  longitudinally  upon  a 
public  way  or  place  shall  not  be  deemed  to  be  fixed  until 
all  requirements  which  may  be  imposed  in  respect  of  it  by 
the  board  of  aldermen,  or  the  selectmen,  as  the  case  may 
be,  are  approved  in  writing  by  the  board  of  railroad  com- 
missioners.    *ln  case  the  route  in  any  city  or  town,  as  fixed 
either  by  the  board  of  aldermen  or  selectmen,  or  by  the 
board  of  railroad  commissioners,  in  the  manner  hereinbe- 
fore provided,  is  different  from  the  route  designated  In  the 
application  of  the   directors,   and   in  case  said  change  of 
route  in  the  opinion  of  the  directors  makes  It  desirable  to 
change  the  route  of  said  railroad  in  any  of  the  other  cities 
or  towns  through  which  the  route  of  said  railroad  passes, 
or  in  case  In  the  opinion  of  the  directors  it  becomes  desir- 
able  to   change   the  route   of  the   railroad   so   as  to   pass 
through  any  cities  or  towns  not  named  in  the  agreement  of 
association  of  said  railroad  company  or  to  change  the  route 
so  as  no  longer  to  pass  through  certain  cities  or  towns  In 
which  the  directors  have  applied  to  have  the  route  fixed, 
then  the  directors  may  at  any  time  before  the  route  in  all 
the  cities   and   towns   is   finally  fixed,   or   within   30   days 
thereafter,  apply  to  the  board  of  railroad  commissioners 
for  leave  to  apply  again  to  the  board  of  aldermen  or  select- 
men of  any  cities  or  towns  to  fix  a  new  route  other  than  that 
originally  applied  for  within  such  cities  or  towns,  or  to  apply 
to  the  board  of  aldermen  or  selectmen  of  any  cities  or  towns 
not  named  in  the  agreement  of  association  of  said  railroad 
company  to  fix  a  route  of  the  railroad  passing  through  such 
cities  or  towns,  or  for  leave  to  abandon  the  route  in  any 
cities  or  towns  In  which  the  directors   have  applied,  as 
aforesaid,  to  have  the  route  fixed.    With  such  application 
to  the  board  of  railroad  commissioners  the  directors  shall 
file  a  map  and  general  profile  showing  the  change  in  the 
route  as  proposed,  which  map  and  general  profile  shall  be 
In  the  same  form  as  those  filed  under  the  provisions  of  §  5, 
and  the  directors  shall  also  furnish  such  additional  infor- 
mation as  the  board  may  require.    The  board  shall  give  a 
public   hearing   upon   such   application    after    giving   such 
notice  to  the  directors  and  to  the  board  of  aldermen  or 
selectmen  of  such  cities  or  towns  as  it  may  deem  requisite. 
In  case  the  board  authorizes  the  directors  to  apply  to  any 
cities  or  towns  to  fix  a  route  other  than  that  designated  in 
the  original  application,  then  all  proceedings  hitherto  taken 
in  regard  to  fixing  the  route  in  such  cities  or  towns  shall 
become  null  and  void,  and  the  directors  shall,  within  60 
days  thereafter,  again  apply  to  the  board  of  aldermen  of 
such  cities  and  to  the  selectmen  of  such  towns  to  fix  anew 
the  route  of  the  railroad  In  such  cities  or  towns,  and  with 
such  application  shall  file  a  copy  of  the  maps  and  general 
profile  of  such  proposed  altered  route,  and,  upon  request, 
the  other  information  presented  to  the  board  of  railroad 
commissioners.     The  proceedings  thereafter  upon  such  ap- 
plication shall  be  the  same  as  those  provided  in  the  case 
of  an  original  application.    And  in  case  the  board  of  rail- 
road commissioners  authorizes  the  directors  to  apply  to 
any  cities  or  towns  not  named  In  said  agreement  of  asso- 


ciation to  fix  a  route  of  the  railroad  passing  through  said 
cities  or  towns,  then  the  directors  shall,  within  60  days 
after  the  granting  of  such  authority,  apply  to  the  board 
of  aldermen  or  selectmen  of  such  cities  or  towns  to  fix  the 
route  of  the  railroad  in  such  cities  or  towns.  Said  applica- 
tion shall  be  made  in  the  same  manner  and  the  proceed- 
ings thereon  shall  be  the  same  as  In  the  case  of  an  appli- 
cation to  fix  the  route  of  the  railroad  to  the  board  of  alder- 
men or  selectmen  of  a  city  or  town  originally  named  in  the 
agreement  of  association  of  such  railroad  company.  In 
case  the  board  authorizes  the  directors  to  abandon  entirely 
the  route  in  any  cities  or  towns  in  which  the  directors  have 
applied,  as  aforesaid,  to  have  the  route  fixed,  then  any 
action  taken  In  regard  to  fixing  the  route  In  such  cities  or 
towns  shall  become  null  and  void,  and  the  railroad  company 
shall  be  under  no  obligation  to  construct  Its  railroad 
therein.  The  order  of  the  railroad  commissioners  authoriz- 
ing the  directors  to  apply  for  a  route  of  the  railroad  In  any 
city  or  town  not  named  in  the  agreement  of  association  or 
the  order  of  railroad  commissioners  under  which  the  route 
in  any  cities  or  towns  is  abandoned,  shall  operate  as  an 
amendment  to  the  clauses  in  said  agreement  of  association 
which  name  the  cities  or  towns  In  which  the  railroad  is  to 
be  located,  and  the  terminal  thereof,  and  a  certified  copy 
of  said  order  shall  be  attached  to  the  agreement  of  associa- 
tion. [As  amended  by  Act  approved  April  28,  1908.  T:ie 
amendment  consists  of  the  addition  of  the  words  following 
Lhe  asterisk  (*)  and  the  Insertion  of  the  italicized  wore  s,  ^ 
"except  as  hereinafter  provided."] 

Location  in  public  way  or  place.     §  8.    If  the  boar4 
aldermen  or  the  selectmen  are  of  opinion  that  public 
venience   and   necessity    require    the   railroad    to   be 
structed  in  part  longitudinally  upon  a  public  way  or  pla 
they  may,  in  granting  or  agreeing  to  a  location  upon  sd 
public  way  or  place,  prescribe  how  the  tracks  shall  be  id 
and  the  kind  of  wires,  poles,   rails   and   other  applianf 
which  shall  be  used,  and  may  Impose  such  terms,  com! 
tions  and  obligations  incidental  to  and  not  inconsistent  wl  h_ 
the   objects    of   a   street   railway   company  as   the   puWij  ' 
interests  may  in  their  judgment  require,  and  the  board 
railroad  commissioners  may  approve. 


eal  hi 


Certificate  of  incorporation.    §  9.    The  certificate  of  ^ 
corporation  Issued  by  the  secretary  of  the  commonweal 
to  the  company  shall  contain  the  words,  "electric  rallro:  d 
companies,"  Instead  of  the  words,  "railroad  corporations  " 

Carriers  of  baggage  and  freight.  §  10.  An  electric  ra  1- 
road  company  shall  act  as  a  common  carrier  of  baggai  3, 
express  matter  and  freight  In  such  cases,  upon  such  pai  s 
of  its  railroad,  and  to  such  extent,  In  any  city  or  town  s  3, 
after  public  notice  and  a  hearing  upon  the  petition  of  t  le 
president  or  a  majority  of  the  directors  of  the  company  )r 
any  Interested  party,  the  board  of  aldermen  or  the  selei  t- 
men,  or  those  exercising  the  powers  of  such  board  or  5f 
selectmen,  in  such  city  or  town,  shall  by  order  approv;; 
provided,  however,  that  a  company  shall  actually  engage  in 
the  business  of  a  common  carrier  under  authority  of  tl  is 
act  only  in  such  of  the  cases,  upon  such  of  the  parts  of  :  ts 
railroad,  and  to  so  much  of  the  extent,  approved  as  afO!  a- 
said,  as  the  board  of  railroad  commissioners  shall  certi:  y, 
after  public  notice  and  a  hearing  upon  the  petition  of  t  lo 
president  or  a  majority  of  the  directors  of  the  company  or 
any  interested  party,  that  public  necessity  and  convenierce 
require;  and  provided,  further,  that  any  company  acti  ig 
under  authority  hereof  shall  be  subject  to  such  regulations 
and  restrictions  as  may  from  time  to  time  be  made  by  tie 
local  authorities  aforesaid,  with  the  approval  of  the  board 
of  railroad  commissioners,  and  shall  also  be  subject  to  tne 
provisions  of  all  laws  now  or  hereafter  In  force  relating 
common  carriers  so  far  as  they  shall  be  consistent 
with  and  with  said  regulations  and  restrictions. 

Recreation  grounds — Purchase  of  electricity — Stock  and 
bonds  —  Locations  on  highways  —  Operation  —  Crossings  of 
steam  railroads — Remedies — Procedure  before  State  boaris. 
§  11.  An  electric  railroad  company  shall  be  subject  to  1  ho 
following  provisions  of  law  relative  to  street  railway  ccm- 
panies  contained  in  Part  III  of  chapter  463  of  the  Acts  of 
the  year  1906:  §  34  of  said  chapter  relative  to  the  acquisi- 
tion of  recreation  grounds;  §§  59  to  63,  inclusive,  of  said 
chapter,  relative  to  the  purchase  of  electricity  by  cities 
and  towns;  and  §  103  of  said  chapter,  relative  to  the  in- 
crease of  capital  stock  and  issue  of  bonds.  If  the  railroad, 
or  any  extension  thereof,  is  to  be  located  in  part  longitudin- 


ing  tOL 


Public  Sekvtce  Laavs 


703 


ally  upon  public  ways  and  places,  such  company  shall,  upon 
that  part  of  its  route,  also  be  subject  to  the  following  pro- 
visions of  law  relative  to  street  railway  companies:  §§  32, 
67  to  72,  inclusive,  of  said  chapter,  relative  to  locations; 
§  64  of  said  chapter,  relative  to  extension  of  locations; 
§  65  of  said  chapter,  relative  to  alteration  of  locations; 
§  66  of  said  chapter,  relative  to  revocation  of  locations; 
§§  73  to  81,  inclusive,  of  said  chapter,  relative  to  construc- 
tion, use  or  discontinuance  of  tracks;  §§  36,  37,  38,  82  to 
95,  inclusive,  of  said  chapter,  relative  to  operation;  §§  113 
to  116,  inclusive,  of  said  chapter,  relative  to  crossings  of 
steam  railroads;  §§  155  to  157,  inclusive,  of  said  chapter, 
relative  to  remedies  and  procedure  before  state  boards. 

Tracks  in  public  ways  —  Liability — Grain  elevators — 
StocTi  or  bonds  of  other,  btc. — Operation — Liability  to  toton, 
etc.,  for  accidents — Powers  of  railroad  commissioners.  §  12. 
An  electric  railroad  company  shall  not  be  subject  to  the 
following  provisions  of  law  relative  to  railroad  corporations 
contained  in  Part  II  of  said  chapter  463:  so  much  of  §  22 
of  said  chapter  as  refers  to  tracks  laid  longitudinally  with- 
in the  limits  of  a  public  way;  so  much  of  §  46  of  said 
chapter  as  applies  to  grain  elevators;  §§  58,  59  and  60  of 
said  chapter,  relative  to  stock  or  bonds  of  other  corpora- 
tions; §§  147,  156,  173  to  176,  Inclusive,  and  240  [241],  of  said 
chapter  relative  to  operation;  §  155  of  said  chapter  relative 
to  the  obstruction  of  highways;  and  so  much  of  §  [243] 
242  of  said  chapter  as  applies  to  locations  longitudinally 
within  the  limits  of  a  public  way ;  but  the  board  of  railroad 
commissioners  shall  prescribe  rules  and  regulations  relative 
to  the  equipment  of  cars,  the  ringing  of  bells,  the  sound- 
ing of  whistles  and  the  giving  of  signals,  for  the  prevention 
of  accidents.     [As  amended  In  1907.] 

Walking  on  track — Penalty  for  loss  of  life  through  neg- 
ligence, etc.  §  13.  Section  [233]  232  of  Part  II  of  said  chap- 
ter 463  shall  apply  to  an  electric  railroad  company,  with  the 
addition,  after  the  word  "track,"  In  the  second  line  thereof, 
of  the  words  "not  within  the  limits  of  a  highway";  and 
§  63  of  Part  I  of  said  chapter  shall  apply  to  such  company, 
with  the  addition,  after  the  word  "upon,"  In  the  14th  line 
thereof,  of  the  words  "that  part  of,"  and  after  the  word 
"railroad,"  in  the  14th  and  15th  lines  thereof,  of  the  words 
"not  within  the  limits  of  a  highway."  [As  amended  by  Act 
approved  May  17,  1907.] 

TAXATION. 

A.  Corporate  Franchise  Tax. 
Annual  returns  to  tax  commissioner.  §  14.  Every  elec- 
tric railroad  company  organized  under  the  general  laws  of 
the  commonwealth,  in  addition  to  all  returns  required  by 
Its  charter,  shall  annually,  between  the  first  and  10th  days 
of  May,  return  to  the  tax  commissioner,  under  the  oath  of 
its  treasurer,  a  complete  list  of  its  shareholders,  their 
residences,  the  number  of  shares  belonging  to  each,  the 
amount  of  the  capital  stock  of  the  company,  its  place  of 
business  and  the  par  value  and  market  value  of  the  shares 
made  up  as  of  said  first  day  of  May.  If  stock  is  held  as 
collateral  security,  such  return  shall  state  the  name  and 
residence  of  the  pledgor  and  of  the  pledgee.  It  shall  also  con- 
tain a  statement  In  detail  of  the  works,  structures,  real 
estate  and  machinery  owned  by  said  company  and  subject 
to  local  taxation  within  the  commonwealth,  and  of  the  lo- 
cation and  value  thereof.  Such  company  shall  also  state  In 
Its  return  the  whole  length  of  Its  line,  and  so  much  of  the 
length  of  its  line  as  Is  without  the  commonwealth,  and  bo 
much  as  is  constructed  on  private  land;  also  the  length  of 
track  operated  by  the  electric  railroad  company  in  each 
city  and  town  on  the  30th  day  of  September  preceding  the 
return,  to  be  determined  by  measuring  as  single  track  the 
total  length  of  all  tracks  operated  by  It,  Including  sidings 
and  turn-outs,  whether  owned  or  leased  by  It  or  over  which 
it  has  trackage  rights  only;  and  the  amount  of  dividends 
paid  on  Its  capital  stock  during  the  year  ending  on  such 
preceding  30th  day  of  September  and  during  each  year 
from  the  organization  of  the  company. 

Valuation  of  corporate  franchise,  etc. — Deductions.  %  16. 
The  tax  commissioner  shall  ascertain  from  the  returns  or 
otherwise  the  true  market  value  of  the  shares  of  each 
electric  railroad  company,  and  shall  estimate  therefrom 
the  fair  cash  value  of  all  of  said  shares  constituting  its 
capital  stock  on  the  preceding  1st  day  of  May,  which,  un- 
less by  the  charter  of  the  company  a  different  method  of 
ascertaining  such  value  is  provided,  shall,  for  the  purposes 


of  this  Act,  be  taken  as  the  true  value  of  its  corporate 
franchise.  Prom  such  value  there  shall  be  deducted  so 
much  of  the  value  of  its  capital  stock  as  is  proportional 
to  the  length  of  that  part  of  its  line.  If  any,  lying  without 
the  commonwealth;  and  also  the  value  of  Its  real  estate 
and  machinery  subject  to  local  taxation  within  the  common- 
wealth. 

For  the  purposes  of  this  section,  the  tax  commissioner 
may  take  the  value  at  which  such  real  estate  and  ma- 
chinery are  as^ssed  at  the  place  where  they  are  situated  as 
the  true  value,  but  such  local  assessment  shall  not  be  con- 
clusive of  the  true  value  thereof. 

Corporation  to  appeal  from  local  valuation — When.  §  16. 
The  tax  commissioner  may  require  the  company  to  prose- 
cute an  appeal  from  the  valuation  of  Its  real  estate  or 
machinery  by  the  assessors  of  a  city  or  town,  either  to 
the  county  commissioners  or  to  the  Superior  Court,  whose 
decision  shall  be  conclusive  upon  the  question  of  value. 
Upon  such  appeal  the  tax  commissioner  may  be  heard,  and 
in  the  Superior  Court  costs  may  be  awarded  as  justice 
requires. 

Tax  to  be  paid  on  corporate  franchise — Rate — How  de- 
termined. §  17.  Every  electric  railroad  company  subject 
to  the  provisions  of  §  14  shall  annually  pay  a  tax  upon 
Its  corporate  franchise,  after  making  the  deductions 
provided  for  in  §  15,  at  a  rate  determined  by  an  appor- 
tionment of  the  whole  amount  of  money  to  be  raised 
by  taxation  upon  property  in  the  commonwealth  during 
the  same  year  as  returned  by  the  assessors  of  the 
several  cities  and  towns  under  the  provisions  of  §  93 
of  chapter  12  of  the  Revised  Laws  upon  the  aggregate 
valuation  of  all  cities  and  towns  for  the  preceding  year 
as  returned  under  §  §  60  and  61  of  said  chapter;  but 
if  the  return  from  any  city  or  town  is  not  received 
prior  to  the  twentieth  day  of  August,  the  amount  raised 
by  taxation  in  such  city  or  town  for  the  preceding 
year,  as  certified  to  the  secretary  of  the  commonwealth, 
may  be  adopted  for  the  purpose  of  this  determination. 
The  amount  of  tax  assessed  upon  polls  tor  the  pre- 
ceding -year,  as  certified  to  said  secretary,  may  be  taken 
as  the  amount  of  poll  tax  to  be  deducted  from  the  whole 
amount  to  be  raised  by  taxation,  in  ascertaining  the 
amount  to  be  raised  upon  property. 

B.    Additional  Corporate  Franchise  Tax. 

Additional  tax  on  electric  railroad  companies.  §  18.  If 
an  operating  electric  railroad  company,  including  a  com- 
pany whose  lines  are  located  partly  within  and  partly  with- 
out the  limits  of  the  commonwealth,  has  paid  during  the 
year  ending  on  the  thirtieth  day  of  September  preceding 
the  date  of  the  return  required  by  §  14  dividends  exceeding 
In  the  aggregate  8  per  cent  upon  Its  capital  stock,  it  shall 
for  every  such  year  in  addition  to  the  tax  required  by 
the  preceding  section  pay  a  tax  equal  to  the  amount 
of  such  excess  to  be  determined  as  therein  provided  by 
the  tax  commissioner;  but  such  additional  tax  shall  not 
be  Imposed,  If,  from  the  date  when  the  company  began 
to  operate  its  railroad,  it  has  not  paid  dividends  equiva- 
lent in  the  aggregate  to  at  least  6  per  cent  per  annum 
upon  its  capital  stock  from  year  to  year. 

Remedy  of  corporation  when  assessors'  valuation  of  real 
estate  exceeds  tax  commissioner's.  §  19.  If  the  value  of 
the  real  estate  and  machinery  of  an  electric  railroad 
company  subject  to  local  taxation  within  the  common- 
wealth, as  determined  by  the  tax  commissioner.  Is  less 
than  the  value  thereof  as  determined  by  the  assessors 
of  the  place  where  the  same  are  situated,  he  shall  give 
notice  of  his  determination  to  such  company;  and,  unless 
within  one  month  after  the  date  of  such  notice  It  applies 
to  said  assessors  for  an  abatement,  and,  upon  their 
refusal  to  grant  an  abatement,  prosecutes  an  appeal 
under  the  provisions  of  §  77  of  chapter  12  of  the  Re- 
vised Laws,  giving  notice  thereof  to  the  tax  commis- 
sioner, the  valuation  of  said  commissioner  shall  be  con- 
clusive  upon   said  company. 

C.  Exemption  and  Apportionment. 
Exemption  from  local  taxation — Apportionment.  $  20. 
No  taxes  shall  be  assessed  in  a  city  or  town  for  State, 
county  or  town  purposes  upon  the  shares  in  the  capital 
stock  of  an  electric  railroad  company  for  any  year 
for  which  it  pays  to  the  treasurer  and  receiver-general 
a   tax    on    its    corporate    franchise.     Such    proportion   of 


704 


J^ATioN-AL  Association  of  Railway  Comjiissioners 


the  tax  collected  of  each  electric  railroad  company 
under  the  provisions  of  §  §  17  and  18  as  corresponds 
to  the  proportion  of  its  line  constructed  on  private 
land,  shall  be  distributed,  credited  and  paid,  in  the 
ratio  of  the  amount  of  its  stock  owned  by  persons  re- 
siding in  this  commonwealth,  to  the  several  cities  and 
towns  in  which,  from  the  returns  or  other  evidence,  it 
appears  that  such  persons  resided  on  the  preceding 
first  day  of  May,  according  to  the  number  of  shares 
■o  held  in  such  cities  and  towns  respectively.  If  stock 
Is  held  by  copartners,  guardians,  executors,  adminis- 
trators or  trustees,  the  proportion  of  tax  corresponding 
to  the  amount  of  stock  so  held  shall  be  accredited  and 
paid  to  the  cities  and  towns  where  the  stock  would  have 
been  taxed  under  the  provisions  of  clauses  4,  5,  6,  and 
7  of  §  23  and  of  §  27  of  chapter  12  of  the  Revised  Laws. 
Such  proportion  of  the  tax  collected  from  any  such  elec- 
tric railroad  company  under  the  provisions  of  §§  17  and  18 
as  corresponds  to  the  proportion  of  its  line  located 
longitudinally  upon  public  ways  and  places,  shall  be  dis- 
tributed, credited  and  paid  to  the  several  cities  and 
towns  in  proportion  to  the  length  of  tracks  operated  by 
Buch  company  in  such  cities  and  towns  respectively.  The 
share  of  the  tax  paid  by  an  electric  railroad  company  in 
respect  of  its  tracks  upon  locations  granted  by  the  board 
of  metropolitan  park  commissioners  or  by  the  Wachusett 
mountain  State  reservation  commission  shall  be  appor- 
tioned to  the  commonwealth  and  shall  be  credited  by  the 
treasurer  and  receiver-general  to  the  sinking  fund  of 
the  loan  to  which  the  expenditure  for  the  road,  boule- 
Tard,  park  or  reservation  in  which  the  tracks  are  located 
■was    charged. 

Tax  commissioner  to  determine  amounts  due  to  cities 
and  towns.  §  21.  The  tax  commissioner  shall,  subject  to 
appeal  to  the  board  of  appeal,  ascertain  and  determine 
the  amount  due  to  each  city  and  town  under  the  pro- 
visions of  the  preceding  section,  notify  the  treasurer  of 
each  city  and  town  thereof,  and  certify  the  amount  as 
finally  determined,  to  the  treasurer  and  receiver-general, 
■who  shall  thereupon  pay  over  the  same. 

D.    Commutation  Tax. 

Returns  of  electric  railroad  companies  to  assessors.  §  22. 
An  electric  railroad  company,  including  a  company  whose 
lines  are  located  partly  within  and  partly  without  the 
limits  of  the  commonwealth,  shall  annually,  on  or  before 
the  fifteenth  day  of  October,  make  and  file  in  the  office 
of  the  board  of  assessors  of  every  city  and  town  in 
which  any  part  of  the  railroad  operated  by  It  is  situated 
a  return  signed  and  sworn  to  by  its  president  and  treas- 
urer, stating  the  length  of  track  operated  by  it  longi- 
tudinally upon  public  ways  and  places  in  such  city  or 
town,  and  also  the  total  length  of  track  operated  by  It, 
determined  as  provided  in  §  14,  and  also  the  amount  of 
Its  gross  receipts  during  the  year  ending  on  the  preced- 
ing thirtieth  day  of  September,  including  therein  all 
amounts  received  by  It  from  the  operation  of  its  rail- 
road, but  excluding  income  derived  from  sale  of  power, 
rental   of  tracks   or  other   sources. 

Excise  tax.  §  23.  On  or  before  the  first  day  of  Novem- 
ber annually,  the  assessors  of  every  city  and  town  in 
which  an  electric  railroad  is  operated,  Including  a  com- 
pany whose  lines  are  located  partly  within  and  partly 
without  the  limits  of  the  commonwealth,  shall  assess 
on  every  company  described  in  the  preceding  section 
operating  a  railroad  therein  an  excise  tax  of  an  amount 
equal  to  such  proportion  of  the  following  percentages  of 
the  gross  receipts  of  such  company  as  the  length  of 
tracks  operated  by  It  longitudinally  upon  the  public  ways 
and  places  of  such  city  or  town  bears  to  the  total  length 
of  tracks  operated  by  It. 

The  percentages  shall  be  based  upon  the  annual  gross 
receipts  for  each  mile  of  track  as  follows  and  computed 
upon  the  aggregate  of  such  annual  gross  receipts:  f 4,000 
or  less,  1  per  cent;  more  than  $4,000  and  less  than  $7,000, 
2  per  cent;  more  than  $7,000  and  less  than  $14,000,  2%  per 
cent;  more  than  $14,000  and  less  than  $21,000,  2%  per 
cent;  more  than  $21,000  and  less  than  $28,000,  2%  per 
cent;    $28,000   or  more,   3  per  cent. 

The  excise  tax  provided  for  by  this  section  shall  be 
In  addition  to  the  taxes  otherwise  provided  by  law. 

Revision  of  tax.  §  24.  The  aldermen  of  a  city,  the 
selectmen   of    a   to^wn    or   an   electric   railroad    company 


operating  in  such  city  or  town  may  petition  the  board  of 
railroad  commissioners  for  a  revision  of  the  amount  of 
excise  tax  to  be  paid  by  a  company  under  the  provisions 
of  the  preceding  section.  Said  board  shall,  upon  such 
petition,  after  public  notice  and  a  hearing  at  which  the 
aldermen  or  selectmen  and  the  company  may  submit 
evidence,  determine  the  average  annual  cost  to  such  city 
or  town  of  the  work  done  by  it  during  the  preceding 
three  years  under  the  provisions  of  said  chapter  463. 
which  a  street  railway  company  was  not  by  law  required 
to  do  prior  to  the  first  day  of  October  in  the  year  1898, 
and  also  the  average  annual  payments  made  by  said 
company  to  said  city  or  town  under  and  pursuant  to  the 
provisions  of  the  preceding  section  during  said  three 
years;  and  having  determined  said  average  annual  cost 
and  average  annual  payments,  said  board  shall  fix  and 
determine  the  proportion  of  a  percentage  of  the  gross 
receipts  which  shall  be  paid  as  an  excise  tax  under  the 
provisions  of  said  section  by  the  company  to  said  city 
or  town  annually  thereafter,  such  percentage  to  be  fixed 
at  such  a  rate  as  will  be  necessary  to  yield  to  the  city 
or  town  annually  thereafter  an  amount  equal  to  the  aver- 
age annual  cost  to  the  city  or  town  determined  as  afore- 
said; and  the  percentage  so  fixed  shall  not  again  by 
changed  for  the  period  of  three  years  and  then  only  It 
the  manner  herein  provided.  Said  board  may  at  any 
time  upon  petition  therefor  by  a  city  or  town  entitled  ti 
a  part  of  the  excise  tax  paid  by  an  electric  railroal 
company,  after  such  notice  as  the  board  may  order  t  > 
all  other  cities  and  towns  entitled  to  share  in  thj 
excise  tax  paid  by  said  company,  and  after  a  hearing , 
determine  as  to  the  distribution  thereof  among  the  sev- 
eral cities  and  towns  in  which  such  company  operated 
any  part  of  its  railroad,  and  fix  the  proportions  thereo" 
to  which  they  shall  respectively  be  entitled,  which  shall 
thereafter  be  the  proportions  of  said  excise  tax  to  b  ■ 
assessed  upon  said  company,  instead  of  the  proportioi 
based  upon  length  of  tracks  as  hereinbefore  provided. 

Notice  to  tax  collector  of  amount  of  excise  tax.     §  25 
Prior  to  the  fifteenth  day  of  November  in  each  year  thi 
assessors    of    every   city    and    town   shall   notify    the    col 
lector   of   taxes   thereof  of   the   amount  of   excise  tax  as 
sessed  therein  under  the  provisions  of  §  23,  and  the  col     ,^ 
lector  shall   forthwith   notify  the  treasurer  of  every  eleC  9 
trie   railroad  company   of   the    amount   of   excise   tax   S'lH 
assessed    upon    it,    which   shall   become    due   and    payabi< 
within    30    days    after    the    receipt    of    such    notice.     Thi 
provisions   of  chapter  13  of  the   Revised  Laws,  so  far  %  eg 
they  may  be  appropriate,  shall  apply  to  the  collection 
the  said  excise  tax. 

E.  Application  of  Taxes. 
Application  of  taxes.  §  26.  All  taxes  which  are  coUecteii 
from  an  electric  railroad  company  and  paid  to  cities  am 
towns  under  the  provisions  of  the  preceding  section  an» 
of  §  21  shall  be  applied  toward  the  construction,  repai' 
and  maintenance  of  the  public  ways  and  places  in  whld 
the  tracks  of  such  company  are  located,  and  to  the  IJ 
moval  of  snow  from  such  public  ways  and  places  with 
such    cities    and    towns. 

INTERESTED  PARTIES. 

Interested  parties.  §  27.  In  any  proceeding  under  th 
Act  before  the  board  of  railroad  commissioners,  the  may( 
and  aldermen  of  any  city  or  the  selectmen  of  any  towi 
any  person  whose  land  is  to  be  taken  or  whose  estal 
abuts  upon  any  highway  througli  which  the  electric  ral 
road  is  to  pass,  and  any  railroad  corporation  or  strw 
railway  company  which  has  a  location  in  any  city  I 
town  included  within  the  proposed  route  of  the  electr 
railroad  company,  shall  be  considered  an  Interested  part 
[Approved    June    22,    1906.] 

Poles  to  6e  marked.     §  5.    Chapter  122  of  the  Revli 
Laws  is  hereby  amended  by  striking  out  §  23  and  insei 
Ing  in  place  thereof  the   following.     §  23.    A  corporatll 
or  person  maintaining  or  operating  telephone,  telegrai 
or   other   electric   wires   shall,   at   all   places   where  su< 
wires   are  affixed  by  any  pole,    structure    or    fixture 
the    property   of   another,    mark    such    pole,    structure 
fixture  in  a  clear,  durable  and  legible  manner  with  the  na 
or  initials  of  the  corporation  or  person  maintaining  or  op« 
ating  such   wires,   and   any  corporation  or  person   fail: 
to  comply  with  the  provisions  of  this  section  shall  be  pi 
Ished  by  a  fine  of  not  more  than  $100. 


Public  Service  Laws 


705 


Wires  to  be  cut  for  house-moving.  §  6.  Chapter  122  of 
the  Revised  ,Laws  is  hereby  amended  by  striking 
out  §  28  and  inserting  in  place  thereof  the  follow- 
ing:— §  28.  Whenever,  in  order  to  move  a  build- 
ing or  for  any  other  necessary  purpose,  a  person  desires 
that  the  wires  of  any  such  company  be  cut,  disconnected 
or  removed,  the  company  shall  forthwith  cut,  disconnect  or 
remove  the  same,  if  the  person  desiring  this  to  be  done 
has  first  left  a  written  statement,  signed  by  him  of  the 
time  when,  and  the  place,  described  by  reference  to  the 
crossings  of  streets  or  highways,  where  he  wishes  to  re- 
move said  wires,  at  the  office  of  the  company  in  the  town 
in  which  such  place  is  situated,  24  hours  before  the  time 
so  stated,  or,  if  there  is  no  such  office,  if  he  has  deposited 
such  statement  in  the  post  office,  properly  prepaid,  and 
directed  to  the  company  at  its  office  nearest  to  said  place, 
three  days  before  the  time  mentioned  in  said  statement. 
If  the  company  neglects  or  refuses  to  cut,  disconnect  or 
remove  wires  as  hereinbefore  provided,  the  Inspector  of 
wires,  or  the  selectmen  of  a  town  where  there  is  no  in- 
spector of  wires,  may  cause  the  same  to  be  cut,  discon- 
nected or  removed,  and  the  city  or  town  may  recover  of  the 
company  in  an  action  of  contract  the  expense  of  so  doing. 
Local  ordinances  subject  to  approval  of  commission.  §  7. 
No  ordinance  or  regulation  of  a  city  or  town,  or  regula- 
tion or  restriction  imposed  in  a  grant  of  location, 
affecting  the  erection,  maintenance  or  operation  of  a  line 
for  the  transmission  of  electricity  for  light,  heat  or  power 
extending  or  intended  to  extend  from  some  point  in  one 
city  or  town  through,  or  to  some  point  in  another  city  or 
town,  shall  take  effect  until  the  same  shall  have  been  ap- 
proved by  the  board  of  gas  and  electric  light  commissioners 
in  the  case  of  electric  light,  heat  or  power  companies,  and 
by  the  board  of  railroad  commissioners  in  the  case  of 
street  railway  and  electric  railroad  companies. 

Railroad  commission  may  grant  right  of  way  when  local 
authorities  refuse  it.  §  8.  Any  company  subject  to  the 
provisions  of  chapter  122  of  the  Revised  Laws,  ex- 
cept a  telegraph  or  telephone  company,  desiring  to 
construct  a  line  for  the  transmission  of  electricity 
which  will  of  necessity  pass  through  one  or  more 
cities  or  towns  to  connect  the  proposed  termini  of 
such  line,  whose  petition  for  the  location  necessary  for 
such  line  has  been  refused,  or  has  not  been  granted  within 
three  months  after  the  filing  thereof  by  the  mayor  and 
aldermen  of  a  city  or  the  selectmen  of  a  town  through 
which  said  company  intends  to  construct  such  line  for  the 
purpose  aforesaid,  may  apply,  in  the  case  of  electric  light, 
heat  or  power  companies  to  the  board  of  gas  and  electric 
light  commissioners,  and  in  the  case  of  street  railway  and 
electric  railroad  companies  to  the  board  of  railroad  com- 
missioners, for  such  location.  The  board  to  which  such 
application  is  made  shall  give  a  public  hearing  thereon  after 
notice  to  the  mayor  and  aldermen  of  the  city  or  to  the 
selectmen  of  the  town  refusing  or  neglecting  to  grant  such 
location,  and  to  all  persons  owning  real  estate  abutting 
upon  any  way  in  said  city  or  town  in  which  such  location 
is  asked  for,  as  such  ownership  is  determined  by  the  last 
assessment  for  taxation.  Said  board  shall,  if  requested 
by  the  mayor  and  aldermen  or  the  selectmen,  hold  said 
hearing  in  the  city  or  town  in  which  the  location  is  asked 
for.  If  it  shall  appear  at  the  hearing  that  the  company 
has  already  been  granted  and  has  accepted  a  location  for 
such  line  in  two  cities,  or  in  two  towns,  or  in  a  city  and 
town,  adjoining  the  city  or  town  because  of  the  refusal  or 
neglect  of  whose  mayor  and  aldermen  or  selectmen  to 
grant  a  location  therefor  the  application  is  made,  and  if 
in  the  judgment  of  said  board  the  location  is  necessary 
for  the  public  convenience,  and  will  be  in  the  public  inter- 
est, said  board  may  by  order  grant  a  location  for  such 
line  in  the  city  or  town  with  respect  to  which  the  applica- 
tion is  made,  and  shall  have  and  exercise  relative  thereto 
the  same  powers  and  authority  confevred  by  §  2  of  this  Act 
upon  the  mayor  and  aldermen  or  selectmen,  and  in  addi- 
tion to  the  provisions  of  law  governing  such  company  may 
impose  such  other  terms,  limitations  and  restrictions  as 
the  public  interest  may  in  its  judgment  require.  Said 
board  shall  cause  an  attested  copy  of  its  order,  with  the 
certificate  of  its  clerk,  indorsed  therein,  that  the  order  was 
adopted  after  due  notice  and  a  public  hearing  as  herein- 
before prescribed,  to  be  forwarded  to  the  clerk  of  the  city 
or  of  the  town,  as  the  case  may  be,  and  the  clerk  of  tho 


city  or  of  the  town  shall  record  the  same  and  shall  furnish 
attested  copies  thereof  upon  the  terms  and  in  the  manner 
specified  in  §  2  of  this  Act. 

§  9.  This  Act  shall  take  effect  upon  its  passage.  [Ap- 
proved June  2,  1911.] 

CHAPTER  355. 

An  Act  to  authorize  railroad  corporations  to  operate  their 

railroads  by  electricity  or  other  power. 
Be  it  enacted,  etc.,  as  follows: 

Railroads  may  operate  with  electric  or  other  power. 
§  1.  Section  157  of  Part  II  of  chapter  463  of  the  Acts  of 
the  year  1906  is  hereby  amended  by  adding  thereto  the 
words: — or  by  such  other  power  as  may  duly  be  approved 
by  the  board  of  railroad  commissioners, — so  as  to  read  as 
follows: — §  157.  A  railroad  corporation  which  is  subject 
to  the  provisions  of  this  Act  may  operate  its  railroad  by 
electricity,  or  by  such  other  power  as  may  duly  be  ap- 
proved by  the  board  of  railroad  commissioners. 

In  effect  forthwith.  §  2.  This  Act  shall  take  effect  upon 
its  passage.     [Approved  April  6,  1910.] 

ELECTRICITY. 

Cities  and  towns  not  to  manufacture  or  distribute  elec- 
tricity for  operation  of  cars.  §  59.  A  city  or  a  town  shall 
not  manufacture  or  distribute  electricity  for  furnishing 
light,  heat  or  power  for  the  operation  of  the  cars  of  a  street 
railway  company. 

Certain  towns  may  purchase  electricity  from  street  rail- 
tvay  companies.  §  1.  A  town  in  which  no  person  or  corpo- 
ration is  engaged  in  the  business  of  generating  or  dis- 
tributing electricity  for  sale  for  lighting  purposes,  and 
which  has  voted  or  shall  vote,  in  accordance  with  the  pro- 
visions of  chapter  34  of  the  Revised  Laws,  to  construct 
one  or  more  plants  for  the  manufacture  or  distribution  of 
electricity  for  furnishing  light  or  power  for  municipal  use 
or  for  the  use  of  its  inhabitants,  or  for  both  purposes,  may 
make  a  contract  or  contracts,  for  a  term  not  exceeding  10 
years,  with  any  street  railway  company  or  companies  oper- 
ating a  street  railway  in  such  town,  for  the  purchase  of 
electricity  from  such  street  railway  company  or  companies, 
for  the  purpose  of  furnishing  light  or  power  tor  municipal 
use  or  for  the  use  of  its  inhabitants,  or  for  both  purposes; 
and  street  railway  companies  may  make  contracts  for  fur- 
nishing electricity  as  aforesaid  to  a  town,  but  the  same 
shall  not  become  operative  unless  the  board  of  railroad 
commissioners  shall,  after  a  public  hearing,  approve  the 
terms  thereof  as  consistent  with  the  public  interests.  [As 
amended  by  Act  approved  March  31,  1906.] 

Delivery  of  electricity.  §  61.  The  electricity  supplied 
by  a  street  railway  company  to  a  town  shall  be  delivered 
to  the  distributing  system  of  said  town  at  some  specified 
place  or  places  therein,  and  the  meter  or  meters  through 
which  such  electricity  is  measured  shall  be  a  part  of  the 
distributing  system. 

In  case  of  disagreement,  railroad  commissioners  to  fix 
price  of  electricity.  §  62.  If  a  town  voting  to  purchase 
electricity  from  a  street  railway  company  is  unable  to  agree 
with  such  company  at  the  expiration  of  a  contract  made  in 
accordance  with  the  provisions  of  §  60  upon  the  price  to 
be  paid  for  electricity  by,  or  upon  the  manner  in  which 
electricity  is  to  be  furnished  to,  said  town  in  the  future 
such  town  through  its  selectmen  may  apply  to  the  board 
of  railroad  commissioners  to  fix-the  price  which  said  town 
shall  pay  for  said  electricity  to,  and  the  manner  in  which 
electricity  shall  be  furnished  by,  said  company;  and  there- 
upon the  said  board  shall  set  a  date  for  a  public  hearing 
upon  such  application,  giving  said  company  reasonable  no- 
tice thereof;  and  after  the  hearing  said  board  shall  if  it 
deems  the  furnishing  of  such  electricity  consistent  with  the 
interests  of  public  travel  upon  the  railway  of  such  com- 
pany, fix  the  price  which  said  town  shall  pay  for  electricity 
to,  and  the  manner  in  which  electricity  shall  be  furnished 
by  said  company;  and  said  company  shall  thereupon  furnish 
to  said  town  electricity  at  the  price  and  In  the  manner 
fixed  by  said  board. 

CHAPTER  509,  ACTS  OP  1911. 
An  Act  relative  to  the  transmission  of  electricity. 
Be  it  enacted,  etc.,  as  follows: 

Electric  or  telephone  company  may  cross  streets,  etc 
§  1.    Chapter  122  of  the  Revised  Laws  is  hereby  amended 


706 


National  Association  of  Eatlway  Commissioners 


by  striking  out  §  1  and  inserting  in  place  thereof 
the  following: — §  1.  A  company  which  is  incorporated  for 
the  transmission  of  intelligence  by  electricity  or  by  tele- 
phone, whether  by  electricity  or  otherwise,  or  for  the  trans- 
mission of  electricity  for  lighting,  heating  or  power,  or  for 
the  construction  and  operation  of  a  street  railway  or  an 
electric  railroad,  may,  under  the  provisions  of  the  follow- 
ing sections,  construct  lines  for  such  transmission  upon, 
along,  under  and  across  the  public  ways  and  across  and 
under  any  waters  within  the  commonwealth,  by  the  erec- 
tion or  construction  of  the  poles,  piers,  abutments,  con- 
duits and  other  fixtures,  except  bridges,  which  may  bo 
necessary  to  sustain  or  protect  the  wires  of  its  lines;  but 
such  company  shall  not  incommode  the  public  use  of  pub- 
lic ways  or  endanger  or  interrupt  navigation. 

To  petition  mayor,  etc. — Public  hearing — Increase  in 
wires,  etc. — Attachment  to  existing  poles.  %  2.  Section  2 
of  chapter  122  of  the  Revised  Laws,  as  amended 
by  chapter  237  of  the  Acts  of  the  year  1903,  and  by  chapter 
117  of  the  Acts  of  the  year  1906,  is  hereby  further  amended 
by  striking  out  said  section  and  inserting  in  place  thereof 
the  following: — §  2.  A  company  desiring  to  construct  a 
line  for  such  transmission  upon,  along,  under  or  across  a 
public  way  shall  in  writing  petition  the  mayor  and  alder- 
men of  the  city  or  the  selectmen  of  the  town  in  which  It 
IS  proposed  to  construct  such  line  for  permission  to  erect 
or  construct  upon,  along,  under  or  across  said  way  the 
wires,  poles,  piers,  abutments  or  conduits  necessary  there- 
for. A  public  hearing  shall  be  held  on  the  petition,  and 
written  notice  of  the  time  and  place  of  the  hearing  shall  be 
mailed  at  least  seven  days  prior  thereto  by  the  clerk  of 
the  city  or  by  the  selectmen  of  the  town  to  all  owners  of 
real  estate  abutting  upon  that  part  of  the  way  upon,  along, 
across  or  under  which  the  line  is  to  be  constructed,  as 
such  ownership  is  determined  by  the  last  preceding  assess- 
ment for  taxation.  After  a  public  hearing  as  aforesaid, 
the  mayor  and  aldermen,  or  the  selectmen  may  by  order 
grant  to  the  petitioner  a  location  for  such  line,  specifying 
therein  where  the  poles,  piers,  abutments  or  conduits  may 
be  placed,  and  in  respect  to  overhead  lines  may  also  specify 
the  kind  of  poles,  piers  or  abutments  which  may  be  used, 
the  number  of  wires  or  cables  which  may  be  attached 
thereto,  and  the  height  to  which  the  wires  or  cables  may 
run. 

After  the  erection  or  construction  of  such  line  the  mayor 
and  aldermen  or  selectmen  may,  after  giving  the  com- 
pany or  its  agents  an  opportunity  to  be  heard,  or  upon 
petition  of  the  company  without  notice  or  hearing,  by 
order  permit  an  increase  in  the  number  of  wires  or  cables, 
and  direct  an  alteration  in  the  location  of  the  poles,  piers, 
abutments  or  conduits  or  in  the  height  of  the  wires  or 
cables.  The  mayor  and  aldermen  or  selectmen  may,  upon 
petition  in  writing  by  two  or  more  companies  subject  to 
the  provisions  of  this  chapter,  without  notice  or  hearing, 
by  order  authorize  any  such  company  to  attach  its  wires 
and  fixtures  to  existing  poles,  piers  or  abutments  of  either 
or  any  of  the  other  petitioners,  or  to  maintain  its  wires  or 
cables  in  the  conduits  of  either  or  any  of  said  other  peti- 
tioners. The  mayor  and  aldermen  or  selectmen  may,  upon 
petition  in  writing  by  two  or  more  companies  subject  to  the 
provisions  of  this  chapter,  and  after  notice  to  abutting  land- 
owners and  a  hearing  as  hereinbefore  provided,  by  order 
grant  to  said  companies  joint  or  identical  locations  for 
the  erection  or  construction  of  poles,  piers,  abutments  or 
conduits  to  be  owned  and  used  in  common  by  them.  No 
order  of  the  mayor  and  aldermen  or  selectmen  shall  be 
required  for  renewing,  repairing  or  replacing  wires,  cables, 
poles,  piers,  abutments,  conduits  or  fixtures  once  erected 
or  constructed  under  the  provisions  of  law,  or  for  making 
house  connections  or  connections  between  duly  located 
conduits  and  distributing  poles. 

The  order  granting  a  location  or  an  alteration  thereof, 
or  authorizing  an  increase  in  the  number  of  wires  or 
cables  or  attachments,  such  as  are  hereinbefore  described, 
shall  be  recorded  by  the  clerk  of  the  city  or  of  the  town 
in  books  kept  exclusively  for  the  purpose,  and  where  notice 
has  been  given  as  hereinbefore  provided  the  clerk  of  the 
city  or  the  chairman  or  a  majority  of  the  selectmen  shall 
certify  on  said  record  that  the  order  was  adopted  after 
due  notice  and  a  public  hearing  as  hereinbefore  prescribed, 
and  no  such  order  shall  be  valid  without  such  certificate. 
The  company  or  companies  in  whose  favor  the  order  is 


made  shall  pay  for  such  record  the  same  fees  as  are  al- 
lowed for  the  entering  and  recording  of  deeds  by  registers 
of  deeds,  and  shall  be  entitled  to  attested  copies  of  said 
orders  and  certificates  upon  payment  of  the  same  fees  as 
are  allowed  to  registers  of  deeds  for  copies. 

The  mayor  and  aldermen  or  selectmen  may  under  the 
provisions  of  this  section  authorize  the  attachment  of  the 
wires  and  fixtures  of  a  street  railway  or  electric  railroad 
company  to  the  poles,  piers  and  abutments  of  another 
owner,  or  the  attachment  of  the  wires  and  fixtures  of  an- 
other owner  to  the  poles,  piers  and  abutments  of  such 
company,  and  may  grant  joint  or  identical  locations  for 
the  erection  or  construction  of  poles,  piers  or  abutments  to 
be  owned  and  used  in  common  by  such  company  and  an- 
other owner  or  other  owners,  and  locations  for  the  trans- 
mission lines  and  telephone,  signal  and  feed  wires  of  such 
company  in  public  ways  or  parts  thereof,  other  than  those 
public  ways  or  parts  thereof  in  which  the  tracks  of  such 
company  are  laid,  and  locations  for  additional  poles  to 
support,  or  alterations  of  locations  for  existing  poles  sup- 
porting, trolley  or  span  wires ;  and  all  locations  granted  to 
a  street  railway  or  electric  railroad  company  hereunc^er 
shall  be  subject  only  to  revocation  as  provided  in  §  66  of 
Part  III  of  chapter  463  of  the  Acts  of  the  year  1906;  lut 
nothing  contained  in  this  section  save  as  hereinbefore  oi- 
pressly  set  forth  shall  be  held  to  apply  to  the  poles,  wiies 
and  other  appliances  and  equipment  which  a  street  railway 
or  electric  railroad  company,  by  a  grant  of  location,  or  in 
extension  or  alteration  thereof,  under  any  general  or  spec  al 
law  now  or  hereafter  in  force  relating  to  street  railways  or 
electric  railroads  may  be  authorized  to  construct,  maintain 
and  operate  in  a  public  way;  and  no  terms,  restrictions  aid 
obligations,  other  than  such  as  may  be  imposed  upon  a 
grant  of  location  for  a  street  railway  or  electric  railrot  d, 
or  an  extension  or  alteration  thereof,  under  any  general  Dr 
special  law  now  or  hereafter  in  force  relating  there'  o, 
shall  be  imposed  upon  locations  granted  to  a  street  railw  ly 
or  electric  railroad  company  hereunder,  save  locations  1  )r 
its  transmission  lines  or  telephone,  signal  or  feed  wires  ;n 
public  ways  or  parts  thereof  other  than  those  public  wa  's 
and  parts  thereof  in  which  the  tracks  of  such  compa:  y 
are  laid. 

All  poles  and  wires  to  he  labeled  and  tagged.  §  3.  Chi  p- 
ter  122  of  the  Revised  Laws  is  hereby  amend'  d 
by  striking  out  §  17  and  inserting  in  place  there  )f 
the  following: — §  17.  Such  person  or  corporation  shi  11 
plainly  mark  each  pole,  pier,  abutment,  or  other  fixtu  e 
supporting  wires  or  cables  containing  wires  over  stree  s 
or  buildings  with  the  name  or  initials  of  the  owner  of  su'  h 
pole,  pier,  abutment  or  other  fixture.  Wherever  crc  ss 
arms  or  other  appliances  for  the  support  of  wires  or  cabl  s 
belonging  to  different  owners  are  attached  to  the  sat  e 
pole,  pier,  abutment  or  other  fixture,  every  such  cross  ar  n 
or  other  appliance  shall  plainly  be  tagged  or  marked  wl  h 
the  name  or  initials  of  the  owner  thereof.  Wherever  wir  ^3 
or  cables  belonging  to  different  owners  are  attached  to  tl  e 
same  cross  arm  or  other  appliances  for  the  support  )f 
wires  or  cables,  every  wire  or  cable  shall  be  tagged  )r 
marked  with  the  name  or  initials  of  the  owner  at  or  ne  ir 
its  point  of  attachment  to  such  cross  arm  or  other  ap- 
pliance. No  such  tag  or  mark  shall  be  required  for  tl  a 
wires,  poles,  piers,  abutments  and  other  fixtures  of  a  str«st 
railway  or  electric  railroad  company,  except  for  its  feid 
wires  supported  by  poles  carrying  wires  or  cables  belong- 
ing to  another  owner,  and  for  its  poles  supporting  wires  or 
cables  belonging  to  another  owner,  and  for  poles  belongli  g 
jointly  to  the  street  railway  company  and  another  owner. 

Insulation — Danger  signals.  §  4.  Chapter  122  of  t!i« 
Revised  Laws  is  hereby  amended  by  striking  out  §  20  ai.d 
inserting  in  place  thereof  the  following: —  §  20.  Pol!8 
and  other  structures  which  are  used  to  support  lines  for 
the  transmission  of  electricity  shall  be  insulated  in  su<  h 
manner  as  to  protect  employes  and  other  persons  from 
accidents.  If  such  poles  and  other  structures  are  of  any 
material  except  wood,  and  support  lines  which  are  oper- 
ated at  a  voltage  in  excess  of  2,000  volts,  they  shall  be 
plainly  and  conspicuously  marked  "Dangerous.  Keep 
Away."  The  officer  and  inspector  of  wires  appointed  undor 
the  authority  of  §  18  of  said  chapter  122,  or  the  commis- 
sioner of  wires  of  the  city  of  Boston,  shall  enforce  the 
provisions  of  this  section,  and  he  shall  be  the  sole  Judge 
of  what  constitutes  a  proper  Insulation  and  marking. 


Public  Service  Laws 


707 


ACTS  OF  1907,  CHAPTER  448. 
An  Act  relative  to  recovery  of  damages  by  abutters  on  loca- 
tions of  electric  railroads. 

§  1.  Chapter  516  of  the  Acts  of  the  year  1906  Is  hereby 
ameiirtod  by  adding  the  following  sections  at  the  end  of 
said  chapter,  under  the  heading  F: 

F. 

Recovery  of  damages  hy  abutters — Procedure.  §  28.  The 
location,  construction,  maintenance,  or  operation  of  said 
lines  of  railroad  in  so  far  as  the  same  are  located  longi- 
tudinally upon  an  elevated  structure  upon  a  public  way 
or  place  shall  be  deemed  an  additional  servitude,  and 
shall  entitle  lessees,  mortgagees  and  other  parties  having 
an  estate  in  such  public  ways  or  places,  or  in  premises 
which  abut  thereon,  and  who  are  damaged  by  reason  of 
the  location,  construction,  maintenance  and  operation 
of  said  lines  of  railroad,  to  recover  reasonable  compen- 
sation in  the  manner  herein  provided.  Any  such  i)erson 
may,  at  any  time  within  three  years  after  the  construc- 
tion of  such  railroad  longitudinally  upon  a  public  way 
or  place,  file  in  the  clerk's  ofRce  of  the  Superior  Court 
tor  the  county  where  the  said  premises  lie,  a  petition 
setting  forth  his  claim  against  the  corporation  owning 
or  operating  the  same,  and  the  amount  thereof.  He 
shall  give  to  said  corporation  14  days'  notice  of  the  filing 
of  such  petition,  and  answer  thereto  shall  be  filed  by 
said  corporation  within  30  days  after  the  return  day  of  such 


notice.  §  29.  The  said  petition  shall  be  heard  before 
a  jury,  it  either  party  claims  that  right  at  the  time  of 
the  filing  of  the  petition,  or  within  10  days  after  the  fil- 
ing of  the  answer  thereto;  otherwise,  the  same  shall  be 
heard  before  the  court  without  a  jury.  The  finding  shall 
be  on  the  following  questions,  to  wit:  First,  Has  the 
petitioner's  estate  been  damaged  more  than  it  has  been 
benefited  or  improved  in  value  by  reason  of  the  location, 
construction,  maintenance  or  operation  of  such  railroad? 
Second,  If  so,  how  much?  If  tlie  answer  to  the  first 
question  shall  be  "No,"  a  verdict  shall  be  rendered  for 
the  corporation;  otherwise,  a  verdict  shall  be  rendered 
for  the  petitioner  tor  the  amount  found  in  answer  to 
the  second  question,  including  interest  from  the  day  ol 
the    filing   of   the   petition. 

§  2.    This  Act  shall  take  effect  upon  Its  passage.     [Ap- 
proved May  24,  1907.] 

ACTS   OF  1907,  CHAPTER  556,   §  1. 

An  Act  to  extend  the  provisions  of  law  relative  to  electric 
railroad  companies  to  the  form  of  railway  known  as 
the  Boynton  Bicycle  Railway. 
Bicycle  railway.    %  1.    The  provisions  of  chapter  516  of 
the  Acts  of  the  year  1906  and  all  Acts  in  addition  there- 
to and   in  amendment  thereof  shall,  so   far  as  they  are 
applicable,     apply    to    the    construction,     operation    and 
maintenance  of  the  form  of  railway  known  as  the  "Boya- 
ton   Bicycle    Railway." 


PUBLIC  SERVICE  LAWS  OF  MICHIGAN 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  VIII. 

LOCAL   GOVEBNMENT. 

PuhUc  utility  franchise.  §  19.  No  township  shall  grant 
any  public  utility  franchise  which  is  not  subject  to  revo- 
cation at  the  will  of  the  township,  unless  such  proposi- 
tion shall  have  first  received  the  affirmative  vote  of  a 
majority  of  the  electors  of  such  township  voting  thereon 
at  a   regular   or  special   election. 

Municipal  ownership  and  operation  of  public  utilities. 
§  23.  Subject  to  the  provisions  of  this  constitution,  any 
city  or  village  may  acquire,  own  and  operate,  either 
within  or  without  its  corporate  limits,  public  utilities  for 
supplying  water,  light,  heat,  power  and  transportation 
to  the  municipality  and  the  inhabitants  thereof;  and  may 
also  sell  and  deliver  water,  heat,  power  and  light  with- 
out its  corporate  limits  to  an  amount  not  to  exceed  25 
per  cent  of  that  furnished  by  it  within  the  corporate 
limits;  and  may  operate  transportation  lines  without  the 
municipality  within  such  limits  as  may  be  prescribed  by 
law:  Provided,  That  the  right  to  own  or  operate  trans- 
lortation  facilities  shall  not  extend  to  any  city  or  village 
of  less  than  25,000  inhabitants. 

Bond  issues  to  acquire  puMio  utilities.  §  24.  When  a 
city  or  village  is  authorized  to  acquire  or  operate  any 
public  utility,  it  may  issue  mortgage  bonds  therefor  be- 
yond the  general  limit  of  bonded  indebtedness  prescribed 
by  law:  Provided,  That  such  mortgage  bonds  issued 
beyond  the  general  limit  of  bonded  indebtedness  pre- 
scribed by  law  shall  not  impose  any  liability  upon  such 
city  or  village,  but  shall  be  secured  only  upon  the  prop- 
erty and  revenues  of  such  public  utility,  including  a  fran- 
chise stating  the  terms  upon  which,  in  case  of  fore- 
closure, the  purchaser  may  operate  the  same,  which 
franchise  shall  in  no  case  extend  for  a  longer  period 
than  20  years  from  the  date  of  the  sale  of  such  utility 
and  franchise  on   foreclosure. 

Limitations  on  power  of  m,unicipality.  §  25.  No  city 
or  village  shall  have  power  to  abridge  the  right  of  elect- 
ive franchise,  to  loan  its  credit,  nor  to  assess,  levy  or 
collect  any  tax  or  assessment  for  other  than  a  public 
purpose.  Nor  shall  any  city  or  village  acquire  any  public 
utility  or  grant  any  public  utility  franchise  which  is  not 
subject  to  revocation  at  the  will  of  the  city  or  village, 
unless    such    proposition    shall    have    first    received    the 


affirmative  vote  of  three-fifths  of  the  electors  of  such 
city  or  village  voting  thereon  at  a  regular  or  special 
municipal  election;  and  upon  such  proposition  women 
taxpayers  having  the  qualifications  of  male  electors  shall 
be   entitled   to   vote. 

Local  control  of  public  streets.  §  28.  No  person,  part- 
nership, association  or  corporation  operating  a  public 
utility  shall  have  the  right  to  the  use  of  the  highways, 
streets,  alleys  or  other  public  places  of  any  city,  vil- 
lage or  township  for  wires,  poles,  pipes,  tracks  or  con- 
duits, without  the  consent  of  the  duly  constituted  authori- 
ties of  such  city,  village  or  township;  nor  to  transact  a 
local  business  therein  without  first  obtaining  a  franchise 
therefor  from  such  city,  village  or  township.  The  right 
of  all  cities,  villages  and  townships  to  the  reasonable  con- 
trol of  their  streets,  alleys  and  public  places  is  hereby 
reserved   to   such   cities,  villages  and  townships. 

Franchise  limited  to  SO  years.  §  29.  No  franchise  or 
license  shall  be  granted  by  any  municipality  of  this 
state   for  a   longer  period  than  thirty  years. 

ARTICLE  X. 

Finance  and  taxation — Assessment  of  corporations.  §  5. 
The  legislature  may  provide  by  law  for  the  assessment 
at  its  true  cash  value  by  a  State  board  of  assessors,  of 
which  the  governor  shall  be  ex-officio  a  member,  of  the 
property  of  corporations  and  the  property,  by  whomso- 
ever owned,  operated  or  conducted,  engaged  in  the  busi- 
ness of  transporting  passengers  and  freight,  transporting 
property  by  express,  operating  any  union  station  or  depot, 
transmitting  messages  by  telephone  or  telegraph,  loaning 
curs,  operating  refrigerator  cars,  fast  freight  lines  or 
other  car  lines  and  running  or  operating  cars  in  any 
manner  upon  railroads,  or  engaged  in  any  other  public 
service  business;  and  for  the  levy  and  collection  of  taxes 
thereon. 

Requisites  of  tax  statute.  §  6.  Every  law  which  im- 
poses, continues  or  revives  a  tax  shall  distinctly  state 
the  tax,  and  the  objects  to  which  it  is  to  be  applied;  and 
it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix 
such  tax  or  object. 

Assessments  at  cash  value.  §  7.  All  assessments  here- 
after  authorized   shall   be   on   property   at  its   cash  value. 

Equalization  of  assessments.  §  8.  In  the  year  1911, 
every  fifth  year  thereafter  and  at  such  other  times  as 
the   legislature  may  direct,   the   legislature  shall  provide 


708 


Natioxal  Association  of  Eailway  Commissioners 


by  law  for  an  equalization  of  assessments  by  a  State 
board,  on  all  taxable  property,  except  that  taxed  under 
laws  passes  pursuant  to  §§  4  and  5  of  this  article. 

Power  to  tax  inalienable.  §  9.  The  power  of  taxation 
faiiall  never  be  surrendered  or  suspended  by  any  grant 
cr  contract  to  which  the  State  or  any  municipal  corpora- 
tion shall  be  a  party. 

ARTICLE  XII. 

Corporations,  how  formed.  §  1.  Corporations  may  be 
formed  under  general  laws,  but  shall  not  be  created,  nor 
shall  any  rights,  privileges  or  franchises  be  conferred 
upon  them,  by  special  act  of  the  legislature.  All  laws 
heretofore  or  hereafter  passed  by  the  legislature  for  the 
formation  of,  or  conferring  rights,  privileges  or  fran- 
chises upon  corporations  and  all  rights,  privileges  or 
franchises  conferred  by  such  laws  may  be  amended,  al- 
tered,  repealed   or   abrogated. 

Term  "corporation"  defined.  §  2.  The  term  "corpora- 
tion" as  used  in  this  article  shall  be  construed  to  include 
ali  associations  and  joint  stock  companies  having  any  of 
the  powers  or  privileges  of  corixirations  not  possessed 
ty  individuals  or  partnerships.  All  corporations  shall 
have  the  right  to  sue  and  be  subject  to  be  sued  in  all 
courts  in  like  cases  as  natural  persons. 

Duration  of  franchise.  §  3.  No  corporation  shall  be 
created  for  a  longer  period  than  30  years,  except  for 
municipal,  railroad,  insurance,  canal  or  cemetery  pur- 
poses, or  corporations  organized  without  any  capital 
stock  for  religious,  benevolent,  social  or  fraternal  pur- 
poses; but  the  legislature  may  provide  by  general  laws, 
applicable  to  any  corporations,  for  one  or  more  exten- 
sions of  the  term  of  such  corporations,  while  such  term 
is  running,  not  exceeding  30  years  for  each  extension, 
on  the  consent  of  not  less  than  two-thirds  of  the  capital 
stock  of  the  corporation;  and  by  like  general  laws  for 
the  corporate  reorganization  for  a  further  period,  not 
exceeding  30  years,  of  such  corporations  whose  terms 
have  expired  by  limitation,  on  the  consent  of  not  less 
than   four-fifths    of   the   capital   stock. 

Individual  liahility  of  stockholders.  §  4.  The  stock- 
holders of  every  corporation  and  joint  stock  association 
shall  be  individually  liable  for  all  labor  performed  for 
such    corporation   or   association. 

Capacity  to  hold  real  estate.  §  5.  No  corporation  shall 
hold  any  real  estate  for  a  longer  period  than  10  years, 
except  such  real  estate  as  shall  be  actually  occupied  by 
such    corporation    in   the   exercise   of   its   franchises. 

Special  charters  not  to  he  renewed.  §  6.  The  legislature 
shall  pass  no  law  renewing  or  extending  any  special  act 
of  Incorporation  heretofore  granted. 

Maximum  rates  for  common  carriers — Discrimination  to 
be  prohibited.  §  7.  The  legislature  may,  from  time  to  time, 
pass  laws  establishing  reasonable  maximum  rates  of 
charges  for  the  transportation  of  passengers  and  freight 
on  different  railroads  in  this  State,  and  may  pass  laws 
establishing  reasonable  maximum  rates  of  charges  for 
the  transportation  of  property  by  express  companies  in 
this  State,  and  may  delegate  such  power  to  fix  reason- 
able maximum  rates  of  charges  for  the  transportation  of 
fi-eight  by  railroad  companies  and  for  the  transportation 
ol  property  by  express  companies  to  a  commission  created 
by  law;  and  shall  prohibit  running  contracts  between 
such  railroad  companies  whereby  discrimination  is  made 
in  favor  of  either  of  such  companies  as  against  other 
companies  owning  connecting  or  intersecting  lines  of 
railroad. 

Consolidation  of  competing  railroads.  §  8.  No  rail- 
road corporation  shall  consolidate  its  stock,  property  or 
franchises  with  any  other  railroad  corporation  owning  a 
parallel  or  competing  line;  and  in  no  case  shall  any 
consolidation'  take  place  except  upon  at  least  60  days' 
imblic  notice  to  all  stockholders  in  such  manner  as  shall 
be   provided   by   law. 

Trust  companies  and  banks.  §  9.  No  general  law  pro- 
viding for  the  incorporation  of  trust  companies  or  cor- 
porations for  banking  purposes,  or  regulating  the  busi- 
ness thereof,  shall  be  adopted,  amended  or  repealed  ex- 
cept by  a  vote  of  two-thirds  of  the  members  elected  to 
each  house  of  the  legislature.  Such  laws  shall  not  author- 
ize the  issue  of  bank  notes  or  paper  credit  to  circulate  as 
itioney. 


i 


STATUTE  LAW. 

MICHIGAN    RAILROAD    COMMISSION. 

[Act  No.  300;  Approved  June  2,  1909.] 
The  people  of  the  State  of  Michigan  enact: 

Commission,  when  appointed — Terms — Vacancy,  j' 
A  commission  is  hereby  created,  to  be  composed  of  three 
commissioners,  not  more  than  two  of  whom  shall  belong 
to  any  one  political  party.  Within  30  days  from  the 
time  this  Act  shall  take  effect  tho  governor  shall  ap- 
roint  such  commissioners.  The  term  of  one  of  said 
commissioners  so  appointed  and  confirmed  shall  expire 
on  the  fifteenth  day  of  January,  1911,  of  one  shall  expire 
on  the  fifteenth  day  of  January,  1913,  and  one  on  the 
fifteenth  day  of  January,  1915.  In  January,  1911,  and 
biennially  thereafter,  there  shall  be  appointed  by  the 
governor  and  confirmed  by  the  senate  one  commissioner 
for  the  term  of  six  years  from  January  15  of  such  year. 
Each  commissioner  shall  hold  his  office  until  his  suc- 
cessor is  appointed  and  qualified.  In  event  of  the  def.th, 
removal  or  resignation  of  any  of  the  said  commissioners, 
the  governor  shall  have  power  to  aiipoint  a  successor  to 
fill  such  vacancy,  who  shall  hold  oflice  until  the  naxt 
session  of  the  legislature,  when  an  appointment  shall  be 
made  to  fill  such  vacancy,  to  be  confirmed  by  the  senete. 

Qualifications.  §  2.  (a)  Said  commissioners  shall  have 
the  following  qualifications:  One  shall  be  an  attori  ey 
having  knowledge  of  and  experience  in  law  relating  to 
common  carriers;  the  others  shall  have  knowledge  of 
traffic  and  transportation  matters.  Each  of  such  ccm- 
missioners  shall  devote  to  the  duties  of  his  office  all  the 
time  necessary  to  insure  the  prompt  and  complete  p;r- 
formance  of  all  official  duties,  and  said  commission  shi  11, 
so  far  as  possible,  arrange  so  that  at  all  times  duri  ig 
business  hours  at  least  some  one  member  shall  be  in 
attendance  at  the  principal  office  of  the  commission  evt  ry 
business   day    in    the    year. 

Removal — Charges  to  be  filed — Hearing — Findings.  \  2 
(continued),  (b)  The  governor  may  at  any  time  remc^e 
any  commissioner  for  any  neglect  of  duty  or  malfi  »- 
sance  in  office.  Before  such  removal,  he  shall  give  su  'h 
commissioner  a  copy  of  the  charges  against  him,  a  id 
shall  fix  a  time  when  he  can  be  heard  in  his  own  (  e- 
fcnse,  which  shall  not  be  less  than  10  days  thereaft<  r, 
and  said  hearing  shall  be  open  to  the  public.  If  he  sh:  11 
be  removed,  the  governor  shall  file  in  the  office  of  t  le 
secretary  of  State  a  complete  statement  of  the  charg  iS 
made  against  such  commissioner  and  his  finding  therec  n, 
with  a  record  of  the  proceedings,  it  being  herein  pio- 
vided  and  declared  that  such  discretionary  power  n 
the  governor  to  make  such  removal  is  a  sound  and  rea- 
sonable discretion  to  be  exercised  for  the  good  of  t  e 
State,   and   not   arbitrarily. 

Pecuniary  interest.  §  2  (continued),  (c)  No  person  io 
appointed  shall  be  pecuniarily  interested  in  any  railro;  d 
or  in  the  business  of  transporting  persons  or  proper  y 
in  this  State  or  elsewhere,  and  if  any  such  commission  't 
shall  voluntarily  become  so  interested,  his  office  sha  1, 
ipso  facto,  become  vacant;'  and  it  he  shall  become  -o 
interested  otherwise  than  voluntarily,  he  shall,  within  a 
reasonable  time,  divest  himself  of  such  interests;  failii  g 
so  to  do,  his  office  shall  become  vacant,  and  the  govern 
shall  proceed  as  provided  for  in  §  2   (b)   of  this  Act. 

Oath  of  office.     §  2   (continued),     (d)   Before  enter 
upon  the  duties  of  his  office,  each  of  said  commi-ssione  -s' 
sliall  take  and  subscribe  the  constitutional  oath  of  office. 

Salary.     §   2    (continued),    (e)    Each   of  said  commis- 
sioners shall   receive  an  annual  salary  of  $3,000,  paya^lj 
ill    the   same   manner   as   salaries   of   other   State   offlc 
are  paid. 

Organization  —  Quorum  —  Hearings  —  Rehearing.  $ 
(continued).'  (f)  The  commissioners  apiMinted  under  this 
Act  shall  forthwith,  after  their  appointment  and  qualiH- 
cation,  meet  at  the  city  of  I.«insing  and  organize  by  elei  i- 
ing  one  of  their  members  chairman,  who  shall  serve  until 
the  fifteenth  day  of  January,  1911.  On  the  fifteenth  dny 
of  January  in  each  odd  numbered  year  the  commissioners 
f-hall  meet  at  the  offices  of  the  commission  and  elect  a 
cliairman,  who  shall  serve  for  two  years  and  until  his 
successor  is  elected.  A  majority  of  said  commissioners 
shall  constitute  a  quorum  to  transact  business,  and  any 
vacancy  shall  not  impair  the  right  of  the  remaining  com- 


111 

)ne  '8 
ifflce. 
Qm:8- 


Public  Service  Laws 


709 


missioners  to  exercise  all  of  the  powers  of  the  commis- 
sion so  long  as  the  majority  remains.  Any  investigation, 
injury  or  hearing  which  the  commission  has  power  to 
undertake  or  to  hold  may  be  undertaken  or  held  by  or 
btl'ore  any  commissioner  when  so  directed  by  the  com- 
mission or  its  chairman.  All  such  investigations,  in- 
quiries or  hearings  of  a  commissioner  shall  be  and  be 
deemed  to  be  the  investigations,  inquiries  and  hearings 
of  the  commission,  and  every  decision  and  order  made 
by  a  commissioner,  when  approved  and  confirmed  by  the 
commission  and  ordered  filed  in  its  olfice,  shall  be  and 
be  deemed  to  be  the  decision  and  order  of  the  commis- 
eion:  Provided,  That  any  interested  party  shall  be 
entitled  to  a  rehearing  before  the  full  commission  on 
request  served  upon  the  commission  within  five  days 
after  service  of  such  order,  upon  such  party.  In  the 
absence  of  a  quorum  of  the  commission  at  the  time  ap- 
pointed for  any  hearing  before  such  commission,  such 
hearing  may  be  continued  to  a  later  date  by  a  single 
member  of  the  commission  present  or,  in  the  absence  of 
sny  member,  by  the  secretary. 

Secretary,  chief  clerk,  inspectors,  etc.  §  2  (continued), 
(g)  Said  commission  may  appoint  a  secretary  ajt  a  salary 
of  not  more  than  $2,000  per  annum  and  a  chief  clerk  at 
a  salary  of  not  more  than  $1,500  per  annum,  and  employ 
not  more  than  five  clerks,  and  such  inspectors,  examiners 
and  experts  as  may  l>e  necessary  to  perform  what  may 
be  required  of  them,  and  shall  fix  their  compensation.  It 
shall  be  the  duty  of  any  such  inspector,  on  the  order 
of  the  commission,  and  he  shall  have  the  right  to  inspect 
Ell  equipment,  cars,  power  houses,  trolley  lines,  tracks 
and  property  of  every  common  carrier  as  defined  in  this 
Act.  Each  such  inspector  shall  likewise  have  the  right 
to  inspect  freight  in  cars  or  warehouses  of  such  common 
carriers,  and  all  waybills,  bills  of  lading  and  shipping 
receipts  of  such  transportation  companies,  so  that  they 
may  determine  whether  the  classification  and  rating  of 
such  freight  is  in  conformity  with  the  published  tariffs 
£:'d  classifications  of  such  transportation  companies.  Said 
inspectors  shall  be  employed  at  a  fixed  compensation. 

Duties  of  secretary.  §  2  (continued),  (h)  The  secretary 
shall  take  and  subscribe  to  an  oath  similar  to  that  of  the 
commissioners,  and  shall  keep  full  and  correct  records 
of  all  transactions  and  proceedings  of  the  commission, 
End  shall  perform  such  other  duties  as  may  be  required 
by  the  commission.  Any  person  ineligible  to  the  office 
of  a  commissioner  shall  be  ineligible  to  the  office  of  sec- 
retary.    He  shall  devote  his  entire  time  to  his  office. 

Rules,  regulations— All  hearings  to  6e  open.  §  2  (con- 
tinued). (1)  The  commission  shall  have  the  power  to 
adopt  and  publish  rules  to  govern  its  proceedings  and  to 
regulate  the  mode  and  manner  of  all  investigations  and 
hearings  of  common  carriers  and  other  parties  before  it, 
and  all  hearings  shall  be  open  to  the  public. 

Commission  to  confer  with  other  commissions,  etc.  §  2 
(continued),  (m)  The  commission  may  confer  by  corre- 
spondence, by  attending  conventions,  or  otherwise,  with 
the  railroad  commissioners  of  other  States,  with  the 
Interstate  Commerce  Commission  or  with  any  other 
bodies  considering  any  matters  pertaining  to  common 
carriers. 

"Common  carrier"  defined.  §  3.  (a)  [as  amended  1911] 
The  term  "common  carrier"  as  used  in  this  Act  shall  be 
construed  to  mean  and  embrace  all  corporations,  com- 
panies, individuals,  associations  of  individuals,  their 
lessees,  trustees  or  receivers  appointed  by  any  court 
whatsoever  who  now  or  may  hereafter  own,  operate, 
manage  or  control  as  a  common  carrier  in  this  State, 
any  railroad  or  part  of  any  railroad,  whether  operated 
ty  steam,  electricity  or  other  motive  power,  or  cars  or 
any  other  equipment  used  thereon,  or  bridges,  switches, 
spurs,  tracks,  sidetracks,  terminal  facilities,  or  any  docks, 
vharves  or  storage  elevators  used  in  connection  there- 
with or  any  kind  of  terminal  facilities  used  or  necessary 
li  the  transportation  of  persons  or  property  designated 
herein,  and  also  all  freight  depots,  yards  and  grounds 
used  or  necessary  for  the  transportation  or  delivery  of 
any  said  property  and  whether  the  same  are  owned  by 
said  railroad  or  otherwise;  or  any  express  company,  car- 
loaning  companies,  freight  or  freight  line  companies  and 
all  associations  or  persons,  whether  incorporated  or 
otherwise,  that  shall  do  business  as  common  carriers 
upon  or  over  any  line  of  railroads  in  this  State,  or  any 


transportation 
rail    or    partly 


of 
by 


pas- 
rail 


(b)   [as  amended  1911] 


common  carrier  engaged  in  the 
sengers  and  property  wholly  by 
and   partly  by   water. 

"Transportation"  defined.  §  3. 
The  term  "transportation"  shall  include  cars  and  other 
vehicles  and  all  instrumentalities  and  facilities  of  ship- 
ment, or  carriage,  irrespective  of  ownership,  or  of  any 
contract  expressed  or  implied  for  the  use  thereof,  and 
all  services  in  connection  with  the  receipt,  delivery,  ele- 
vation, switching  and  transfer  in  transit,  ventilation, 
refrigeration  or  icing,  storage  and  handling  of  persons 
or    property    transported. 

"Railroad"  defined — Logging  roads — Street  railroads — 
Municipal  contracts  with  street  railroads.  §  3.  (c)  [as 
amended  1911]  The  term  "railroad"  as  used  in  this  Act 
siiall  be  construed  to  mean  all  railroads,  whether  oper- 
ated by  steam,  electric  or  other  motive  power:  Pro- 
vided, That  the  provision  of  this  Act  shall  not  apply  to 
any  logging  or  other  private  railroad  not  doing  business 
as  a  common  carrier:  Provided  further.  Nothing  in  this 
Act  contained  shall  be  construed  to  authorize  the  com- 
mission to  interfere  with,  lessen  or  impair  or  to  author- 
ize the  impairment  of  any  franchise  provision,  contract  or 
agreement  as  to  rate  of  fare  now  existing  between  any 
municipality,  city,  village  or  township  and  any  tram 
r.-iilway,  street  railway,  interurban  or  suburban  railway 
company,  or  to  increase  or  lessen  the  rate  of  fare  fixed 
by  such  franchise,  contract  or  agreement,  or  to  deprive 
any  tram  railway,  street  railway,  interurban  or  suburban 
railway  company  of  the  right  to  charge  for  the  carriage 
cf  passengers  the  rate  of  fare  authorized  and  fixed  by 
any  franchise,  grant  or  contract  made  or  entered  into 
between  any  municipality,  city,  village  or  township  and 
any  such  tram  railway,  street  railway,  interurban  or 
suburban  railway  company:  Provided  further.  That  noth- 
ing in  this  Act  contained  shall  apply  to  street  and  elec- 
tric railroads  engaged  solely  in  the  transportation  of 
passengers  within  the  limits  of  cities  or  within  a  dis- 
tance of  five  miles  of  the  boundaries  thereof. 

To  what  transportation  applicable.  §  3.  (d)  [as  amended 
1911]  The  provisions  of  this  Act  shall  apply  to  the 
transportation  of  passengers  and  property  between  points 
within  this  State,  and  to  the  receiving,  switching,  de- 
livering, storing  and  handling  of  such  property,  and  to 
all  charges  connected  therewith,  including  icing  and 
mileage  charges:  Provided,  however.  That  this  provision 
shall  not  be  construed  as  a  limitation  on  the  authority 
of  the  commission  created  by  this  Act  to  prescribe  car 
service  and  demurrage  rules  applicable  to  all  traffic  be- 
ginning or  ending  within  this   State. 

Express  and  sleeping  car  companies.  §  3.  (e)  [as 
amended  1911]  Express  companies  and  sleeping  car 
companies  doing  business  for  hire  within  this  State  are 
hereby  defined  to  be  common  carriers. 

Carriers  must  furnish  reasonably  adequate  service,  etc. 
§  4.  (a)  Every  common  carrier  is  hereby  required  to 
furnish  reasonably  adequate  service  and  facilities  and 
shall  provide  and  furnish  transportation  of  passengers 
and  property  upon  reasonable  request  therefor,  and  all 
charges  made  for  any  service  in  connection  therewith, 
or  for  the  receiving,  switching,  delivering,  storing,  trans- 
porting or  handling  of  such  persons  or  property  shall  be 
reasonable  and  just,  and  every  unjust  and  unreasonable 
charge  for  such  service  Is  prohibited  and  declared  to 
be  unlawful. 

Interchange  of  traffic.  §  4  (continued),  (b)  All  rail- 
roads incorporated  under  the  general  railroad  law  of 
this  State,  as  between  themselves,  and  all  electric  rail- 
roads, as  between  themselvps,  shall  establish  through 
routes  and  just  and  reasonable  rates  applicable  thereto 
except  as  hereinafter  provided. 

Joint  rates  must  he  reasonable — Proviso.  §  4  (con- 
tinued), (c)  Whenever  passengers  or  property  are  trans- 
ported over  two  or  more  connecting  lines  of  railroad 
between  points  in  this  State,  and  the  railroad  companies 
have  made  joint  rates  for  the  transportation  of  the 
same,  such  rates  and  all  charges  in  connection  therewith 
shall  be  just  and  reasonable,  and  every  unjust  and  un- 
reasonable charge  is  prohibited  and  declared  to  be 
unlawful:      Provided,    That    a    less   charge    by    such    rail- 


roads   for    their    proportion    of 
is    made    locally    between    the 


such 
same 


joint    rates 
points     on 


than 
their 


710 


National  Association  of  Railway  Commissioners 


respective  lines  shall  not  for  that  reason  be  construed 
as  a  violation  of  the  provisions  of  this  Act,  nor  render 
such  railroads  liable  to  any  of  the  penalties  hereof. 

Free  transportation  prohibited— Exceptions— Advertising 
— Penalty.  §  5.  (a)  No  common  carrier,  subject  to  the 
provisions  of  this  Act,  shall  hereafter,  directly  or  in- 
directly, issue  or  give  any  free  ticket,  free  pass,  or  free 
transportation  for  passengers,  except  to  its  employes 
or  their  families,  its  officers,  agents,  surgeons,  physicians 
or  attorneys-at-law  and  members  of  their  families;  or 
to  former  railroad  employes  and  members  of  their 
families,  when  such  employes  have  become  disabled  In 
the  railway  service,  or  retired  upon  pension,  and  to 
the  members  of  the  families  of  deceased  employes;  to 
ministers  of  religion,  traveling  secretaries  of  railroad 
young  men's  Christian  associations,  persons  engaged  ex- 
clusively in  charitable  and  eleemosynary  work;  to 
indigent,  destitute  and  homeless  persons  and  to  such 
persons  when  transported  by  charitable  societies  or 
hospitals,  and  the  necessary  agents  employed  in  such 
transportation;  to  inmates  of  the  national  homes  or  state 
homes  or  homes  for  disabled  volunteer  soldiers,  and 
sailors'  homes,  including  those  about  to  enter  and  those 
returning  home  after  discharge,  boards  of  managers  of 
such  homes;  to  necessary  caretakers  of  live  stock, 
poultry,  fruit  and  vegetables;  to  employes  on  sleeping 
cars  and  express  cars;  to  linemen  of  telegraph  and 
telephone  companies  and  others  engaged  in  the  care 
and  operation  of  telegraph  and  telephone  lines;  to 
railroad  postal  employes,  post-office  inspectors,  custom 
inspectors  and  immigration  inspectors;  to  newsboys  on 
trains,  baggage  agents,  witnesses  attending  any  legal 
investigation  in  which  the  common  carrier  is  interested, 
persons  injured  or  killed  in  accidents  and  members  of 
the  families  of  the  same,  and  physicians  and  nurses 
attending  such  persons,  and  dependent  relatives  of 
injured  or  deceased  employes,  and  such  other  persons 
as  the  commission  may  from  time  to  time  by  special 
order  designate:  Provided,  That  this  provision  shall  not 
be  construed  to  prohibit  the  interchange  of  passes  for 
the  officers,  agents,  attorneys  and  employes  of  common 
carriers  and  their  families;  nor  to  prohibit  any  common 
carrier  from  carrying  passengers  free  with  the  object 
of  providing  relief  in  cases  of  general  epidemic,  pesti- 
lence or  otherwise  calamitous  visitation:  Provided 
further.  That  nothing  shall  be  construed  to  prohibit  the 
exchange  of  mileage  for  advertising  in  publications  of 
general  circulation.  Any  common  carrier  wilfully  vio- 
lating this  provision  shall  be  deemed  guilty  of  a  mis- 
demeanor and  for  such  offense,  on  conviction,  shall  pay 
to  the  State  of  Michigan  a  penalty  of  not  less  than  $100 
nor  more  than  $500,  and  any  person,  other  than  persons 
excepted  in  this  provision,  who  uses  any  such  free 
ticket,  free  pass  or  free  transportation,  shall  be  subjected 
to  a  like  penalty. 

Free  carriage  of  freight,  etc.  §  5  (continued),  (b) 
Nothing  herein  shall  prevent  the  carriage,  storage  or 
handling  of  freight  free,  or  at  reduced  rates,  for  the 
United  States,  the  fitate  or  any  political  subdivision 
thereof,  or  any  municipality  thereof,  or  for  charitable 
purposes,  or  to  and  from  fairs  and  expositions  for  ex- 
hibition thereat,  or  household  goods,  or  other  personal 
property  of  railroad  employes,  or  the  interchange  of 
franks  for  the  free  transportation  of  personal  property 
of  the  ofBcers,  agents,  attorneys  and  employes  of  com- 
mon carriers  and  their  families;  nor  to  prohibit  any 
common  carrier  from  carrying  property  free  with  the 
object  of  providing  relief  in  cases  of  general  epidemic, 
pestilence  or  other  calamitous  visitations,  or  the  issu- 
ance of  mileage,  commutation,  excursion  passengers'  or 
party  tickets:  Provided,  That  such  tickets  shall  be 
obtainable  by  all  persons  applying  therefor  under  like 
circumstances    and    conditions    without    discrimination. 

Railroads  must  make  switch  connections — Exceptions — 
Remedy  for  refusal.  §  6.  (a)  Any  railroad,  subject  to 
the  provisions  of  this  Act,  upon  application  of  any 
shipper  tendering  traffic  for  transportation,  shall  con- 
struct, maintain  and  operate  upon  reasonable  terms 
a  switch  connection  with  any  private  side  track,  when 
such  connection  is  reasonably  practicable  and  can  be 
put  in  with  safety  and  will  furnish  sufficient  business 
to    justify    the    construction    and    maintenance    of    same. 


and  shall  furnish  cars  and  transport  to  the  best  ot  its 
ability  any  traffic  tendered  to,  over  or  from  such  private 
side  track,  without  discrimination  in  favor  of  or  against 
any  such  shipper:  Provided,  This  shall  not  be  construed 
to  compel  a  railroad  to  remove  from  or  deliver  on  a 
private  side  track  traffic  tendered  in  less  than  car  lots: 
Provided  further.  That  shipments  of  live  stock,  perish- 
able property  and  explosives  may  have  precedence  over 
all  other  classes  of  merchandise.  If  any  railroad  shall 
fail  to  install  and  operate  any  such  switch  or  connec- 
tion as  aforesaid,  on  application  therefor  in  writing  by 
any  shipper,  any  shipper  may  make  complaint  to  the 
commission,  as  provided  by  §  22  of  this  Act,  and  the 
commission  shall  make  investjgation  of  the  same,  and 
it  shall  determine  as  to  the  safety,  practicability  and 
justification  thereof,  and  shall  fix  a  reasonable  compen- 
sation therefor,  and  the  commission  shall  make  an 
order  as  provided  in  §  22  of  this  Act,  directing  the  rail- 
roads to  comply  with  the  provisions  of  this  section  in 
accordance  with  such  order,  and  such  order  shall  be  en- 
forced as  hereinafter  provided  for  the  enforcement  ot  all 
other  orders  by  the  commission,  other  than  orders  for  the 
payment    pf   money.  . 

Railroad  must  iuild  spur  track  to  manufacturing  plmt 
—Remedy  for  refusal.  §  6  (continued),  (b)  Every  railroad 
shall  provide  a  reasonable,  adequate  and  suitable  s  >ur 
track  to  and  upon  the  grounds  of  any  mill,  ele- 
vator, storehouse,  warehouse,  dock,  wharf,  pier,  manu- 
facturing establishment,  lumber  yard,  coal  dock  or  otier 
industry  or  enterprise,  wherever  such  spur  track  d')esr' 
not  necessarily  exceed  two  miles  in  length  and  is  piac- 
tically  indispensable  to  the  successful  operation  of  fny 
such  industry  or  enterprise,  and  shall  connect  si  ch 
spur  track  with  its  main  track  and  operate  the  same  in 
connection  therewith:  Provided,  That  such  railn  ad 
may  require  the  person  or  persons,  firm,  corporation  or 
association  primarily  to  be  served  thereby,  to  pay  ;  he 
legitimate  cost  and  expense  of  acquiring  by  condem  la- 
tion  or  purchase  where  necessary  the  rights  ot  way  or 
such  spur  track,  and  of  constructing  the  same,  in  wh  ch 
case  the  total  estimated  cost  thereof  shall  be  deposiied 
with  the  railroad  before  the  railroad  shall  he  requii  ed 
tc  incur  any  expense  whatever  therefor.  No  railr'c  ad 
shall,  however,  be  required  to  provide  a  spur  trt  ck 
where  it  is  unusually  unsafe  and  dangerous:  Provld  d. 
That  in  the  event  of  the  failure  of  said  shipper  and  1!ie 
said  railroad  to  agree,  the  necessity  for,  reasonableni  ss' 
of,  and  practical  safety  of  such  spur  track  and  conn  c- 
tion  and  the  operation  thereof  shall  be  decided  by  1  le 
said  Michigan  Railroad  Commission  upon  complaint  a  id 
hearing  as   provided   in   §  22  of  this  Act. 

Interchange  of  traffic  with  other  roads — Shipper  n.  ay 
route  freight — Initial  carrier  to  choose  cheapest  route.  >  7 
[as  amended  1911].  (a)  All  railroads,  subject  to  the  pro- 
visions of  this  Act,  shall  afford  all  reasonable  and  pro]  er 
facilities  by  the  establishment  of  switch  connectic  iis 
between  one  another  and  the  establishment  ot  depots 
and  otherwise  for  the  interchange  of  traffic  between  th  'ir 
lespective  lines  and  for  the  receiving,  forwarding  and 
delivering  of  passengers  and  property  to  and  f  r  im 
their  several  lines  and  those  connecting  therewith,  and 
shall  transfer  and  deliver  without  unreasonable  deay 
or  discrimination  any  freight  or  cars  or  passengers  des- 
tined to  any  point  on  its  own  line  or  on  any  connecting 
line,  and  shall  not  discriminate  in  their  rates  and  charj  es 
between  such  connecting  lines:  Provided,  Precede:  ce 
raay  be  given  to  live  stock  and  perishable  property. 
Nothing  in  this  Act  shall  be  construed  as  requiring  any 
railroad  to  give  the  use  of  its  tracks  or  terminal  facil- 
ities to  another  railroad  engaged  in  like  business.  Any 
person  or  any  officer  or  agent  of  any  corporation  or 
company  who  shall  deliver  property  for  transportation 
to  any  common  carrier  subject  to  the  provisions  of  t  lis 
Act  shall  have  the  right  and  privilege  of  routing  si  ch 
shipments  and  of  prescribing  and  directing  over  what 
connecting  line  property  so  shipped  shall  be  transportsd, 
and  it  shall  be  the  duty  ot  the  initial  carrier  to  ob- 
serve the  direction  of  such  person  or  such  officer  or 
agent  of  any  corporation  or  company,  and  to  cause  si\ch 
freight  to  be  transported  over  such  connecting  line  as 
may  be  directed  and  required  by  such  shipper.  When 
Ireight  is  shipped  in  intrastate  commerce  and  any  per- 
son  or  officer  or  agent  of  any  coriwration  or  company 


Public  Service  Laws 


711 


who  shall  deliver  property  for  transportation,  does  not 
prescribe  over  what  connecting  line  such  property  shall 
be  transported,  it  shall  be  the  duty  of  the  initial  carrier 
to  so  route  the  freight  as  to  give  the  property  the  bene- 
fit of  the  lowest  rate  published  between  points  of  origin 
and    destination. 

Interchange  of  cars — Suburban  and  interurban  lines.  §  7 
[as  amended  1911].  (b)  Where  it  is  practicable  and  the 
same  may  be  accomplished  without  endangering  the 
eQuipment,  tracks  or  appliances  of  either  party,  t».e 
commission  may,  upon  application,  require  steam  rail- 
roads and  interurban  and  suburban  railroads  to  inter- 
change cars;  carload  shipments,  less  than  carload  ship- 
cents  and  passenger  traffic,  and  for  that  purpose  may 
require  the  construction  of  physical  connections  upon 
such  terms  as  it  may  determine:  Provided,  That  noth- 
ing in  this  Act  shall  be  construed  to  require  through 
billing  of  freight  as  between  steam  and  electric,  sub- 
urb;in  or  interurban  railroads,  but  such  suburban  and 
Interurban  railroads  may  be  used  for  the  handling  of 
freight  in  carload  lots  in  steam  railroad  freight  cars 
between  shippers  or  consignees  and  the  steam  rail- 
roads, in  the  same  manner  and  under  the  same  general 
conditions,  except  as  to  motive  power,  as  belt  line 
lailroads  and  terminal  railroads  are  now  or  may  here- 
after be  used   for  like  puri)oses. 

Merchandise  and  cars  of  other  corporations.  §  7  [as 
amended  1911].  (c)  Every  corporation  owning  a  railroad  in 
use  shall,  at  reasonable  times  and  for  a  reasonable  com- 
pensation, draw  over  the  same  the  merchandise  and  cars 
of  any  other  corporation  or  individual  having  connecting 
tracks:  Provided,  Such  cars  are  of  the  proper  gauge, 
are  in  good  running  order  and  equipped  as  required  by 
law  and  otherwise  safe  for  transportation  and  properly 
loaded:  Provided  further,  If  the  corporations  cannot 
agree  upon  the  times  at  which  the  cars  shall  be  drawn 
or  the  compensation  to  be  paid,  the  said  commission 
shall,  upon  petition  of  either  party  and  notice  to  the 
other,  after  hearing  the  parties  interested,  determine 
the  rate  of  compensation  and  fix  such  other  periods, 
having  reference  to  the  convenience  and  interests  of 
the  corporation  or  corporations  and  the  public  to  be 
accommodated  thereby,  and  the  award  of  the  commission 
Lshall  be  binding  upon  the  respective  corporations  inter- 
ested therein   until  the  same  shall  have  been  'revised. 

Local  traffic.  §  7  [as  amended  1911].  (d)  Every  common 
carrier  operating  within  this  State  shall  receive  and 
transport  at  reasonable  rates  any  and  all  carload  traffic 
offered  for  transportation  under  the  usual  conditions 
ilocally  consigned  between  points  in  the  same  city  or 
town  and  shall  receive  and  transport  at  reasonable 
jrates  from  any  junction  point  or  transfer  point  or  inter- 
section with  another  railroad  in  such  city  or  town 
I  any  and  all  such  carload  freight  destined  to  team  tracks 
ior  other  sidings  on  any  line  operated  by  the  delivering 
i carrier,  and  shall  deliver  such  car  or  cars  upon  such 
team  tracks  or  sidings  in  the  city  or  town  where  such 
icar  or  cars  are  received  from  such  connecting  line  when 
required  so  to  do:  Provided,  That  when  delivery  is 
,  requested  which  will  involve  the  use  of  a  private  siding 
not  owned  or  controlled  by  consignee,  said  consignee 
; shall  file  with  both  receiving  and  delivering  carriers 
written  permission  signed  by  the  owner  or  lessee  of 
isuch  private  siding  authorizing  the  use  of  same.  When 
jthe  particular  delivery  desired  cannot  be  accomplished, 
lowing  to  the  congestion  of  cars  upon  such  siding  or 
Iteam  tracks,  it  shall  be  the  duty  of  the  delivering 
icarrier  to  notify  consignee  of  such  conditions  and  it 
shall  be  the  duty  of  such  consignee,  upon  receipt  of 
such  notice,  to  advise  upon  what  other  siding  delivery 
will  be  accepted  or  whether  or  not  it  is  desired  that 
such  car  or  cars  shall  be  held  awaiting  the  opportunity 
for  delivery  upon  the  siding  originally  designated  as 
the   destination. 

I  Railroads  to  furnish  cars — Commission  to  make  rules 
for  car  service,  demurrage  and  speed  of  movement.  §  8 
[as  amended  1911].  Every  railroad  shall,  when  within  its 
power  so  to  do,  and  upon  reasonable  notice,  furnish 
suitable  cars  to  any  and  all  persons  who  may  apply 
'therefor,  for  the  tansportation  of  any  and  all  kinds  of 
freight  in  carload  lots.  Every  common  carrier  shall 
•have  sufficient  cars  and  motive  power  to  meet  all  re- 
quirements,  for    the    transportation    of    passengers    and 


property  which  may  reasonably  be  anticipated.  In  case 
of  insufficiency  of  cars  at  any  time  to  meet  all  re- 
quirements,  such  cars  as  are  available  shall  be  distributed 
among  the  several  applicants  therefor  without  discrimina- 
tion between  shippers  or  between  points  of  shipment, 
whether  competitive  or  non-competitive:  Provided, 
Preference  may  be  given  to  shipments  of  live  stock 
and  perishable  property.  The  commission  shall  have 
power  to  make  and  enforce,  and  shall  make  and  enforce, 
reasonable  regulations  for  the  furnishing  and  distribu- 
tion of  freight  cars  to  shippers  and  switching  the  same, 
and  for  the  loading  and  unloading  thereof,  and  for  the 
weighing  of  the  cars  and  the  freight  offered  for  ship- 
ment over  any  line  of  railroad  and  shall  fix  a  reasonable 
per  diem  demurrage  to  be  paid  for  the  detention  of 
cars  by  shipper  or  consignee  (which  said  car  service 
and  demurrage  rules  and  regulations  shall  be  applicable 
to  all  traffic  whether  the  same  begin  or  end  within  the 
State  of  Michigan),  and  for  the  failure  or  delay  of  the 
railroad  in  the  furnishing  of  such  cars  and  for  the 
failure  of  the  railroad  to  move  the  cars  the  number 
of   miles  per  day   as   ordered   by   the   commission. 

Long  and  short  haul.  §  9.  It  shall  be  unlawful  for 
any  common  carrier  subject  to  the  provisions  of  this 
Act  to  charge  or  receive  any  greater  compensation  in 
the  aggregate  for  the  transportation  of  passengers  or 
like  kinds  of  property  under  substantially  similar  cir- 
cumstances and  conditions  for  a  shorter  than  a  longer 
distance  over  the  same  line,  in  the  same  direction,  the 
shorter  being  included  within  the  longer  distance,  but 
this  Act  shall  not  be  construed  as  authorizing  any 
common  carrier  within  the  terms  of  this  Act  to  charge 
and  receive  as  great  compensation  for  a  shorter  dis- 
tance as  for  a  longer  distance:  Provided,  however.  That 
upon  application  to  the  commission  appointed  under  the 
provisions  of  this  Act  such  common  carrier  may,  in 
special  cases,  after  investigation  by  the  commission,  be 
authorized  to  charge  less  for  longer  than  for  shorter 
distances  for  the  transportation  of  passengers  or  prop- 
erty, and  the  commission  may,  from  time  to  time,  pre- 
scribe the  extent  to  which  a  designated  common  carrier 
may  be  relieved  from  the  operation  of  this  §  of  this 
Act.  When  there  are  two  or  more  rates  in  effect  between 
the  same  points,  via  the  same  route,  the  lowest  pub- 
lished rate  shall  be  the  only  legal  rate  applicable  in 
^  this  State.  In  the  event  a  published  through  rate  ex- 
ceed any  combination  of  two  or  more  local  rates  between 
the  same  points  within  the  State,  the  combination  form- 
ing the  lowest  rate  shall  govern. 

Schedules  of  rates — Local  switching  traffic.  §  10  [as 
amended  1911].  (a)  Every  common  carrier  subject  to  the 
provisions  of  this  Act  shall  file  with  the  commission 
created  by  this  Act  and  print  and  keep  open  to  public 
inspection  in  each  of  its  depots  and  offices  schedules 
showing  all  rates,  fares  and  charges  for  transporta- 
tion, both  of  passengers  and  property,  between  different 
points  on  its  own  route,  and  beween  points  on  its  own 
route  and  on  the  route  of  any  other  carrier,  when  a 
through  route  and  joint  rate  have  been  established.  If 
no  joint  rate  over  the  through  route  has  been  estab- 
lished, the  several  carriers  in  such  through  route  shall 
file,  print  and  keep  open  to  public  inspection  as  afore- 
said the  separately  established  rates,  fares  and  charges 
applied  to  the  through  transportation.  The  schedules 
printed  as  aforesaid  by  any  common  carrier  shall 
plainly  state  the  places  between  which  property  and 
passengers  will  be  carried  and  shall  contain  the  classi- 
fication of  freight  in  force  and  shall  also  state  separately 
all  terminal  charges,  storage  charges,  icing  charges 
and  all  other  charges  which  the  commission  may  require, 
all  privileges  or  facilities  granted  or  allowed  and  any 
rules  or  regulations  which  in  anywise  change,  affect  or 
determine  any  part  of  or  the  aggregate  of  such  afore- 
said rates,  fares  and  charges,  or  the  value  of  the  service 
rendered  to  the  passengers,  shipper  or  consignee:  Pro- 
vided, That  where  local  switching  tariffs  are  in  effect 
at  a  competitive  point,  it  shall  be  sufficient  if  the 
schedule  state  that  the  terminal  charges  shall  be  subject 
to  the  rules  of  such  local  switching  tariffs.  Such 
schedules  shall  be  printed  plainly  in  large  type,  and 
copies  for  the  use  of  the  public  shall  be  kept  on  file  for 
public  inspection  in  every  depot,  station  or  office  of 
such  carrier  where  passengers  or  freight  respectively  are 


713 


Natioxal  Association  of  Railway  Commissioneks 


received  for  transportation,  or  where  tickets  are  sold, 
In  such  form  that  they  will  be  accessible  to  the  public 
and  can  conveniently  be  inspected.  The  provisions  of 
this  §  shall  apply  to  all  traffic  and  transportation  and 
facilities  defined  in  this  Act. 

Change  of  rates — Notice — Commission  may  postpone 
proposed  change  until  investigation  made.  §  10.  [as 
amended  1911].  (b)  No  change  shall  be  made  in  the 
schedule  of  rates,  fares  or  charges  or  joint  rates,  fares 
or  charges  which  have  been  filed  and  published  by 
common  carriers  in  compliance  with  the  requirements 
of  this  §,  except  after  ten  days'  notice  to  the  com- 
mission and  to  the  public  published  as  aforesaid,  which 
shall  plainly  state  the  changes  proposed  to  be  made 
in  the  schedule  of  rates,  fares  or  charges  or  joint  rates, 
fares  or  charges,  then  in  force  and  the  time  when  such 
changed  rates,  fares  or  charges  or  joint  rates,  fares  or 
charges  will  go  into  effect,  and  no  such  rates,  fares 
or  charges  or  joint  rates,  fares  or  charges  shall  be  dis- 
continued, except  after  giving  such  notice  as  is  required 
for  changing  rates,  fares  or  charges  or  joint  rates,  fares 
or  charges,  and  the  proposed  changes  in  such  rates, 
fares  or  charges  or  joint  rates,  fares  or  charges  shall 
be  shown  by  printing  and  filing  new  tariffs  thereto  or 
by  showing  such  changes  or  discontinuance  by  issuing 
and  filing  of  supplements  in  the  regular  manner  now 
provided  and  keeping  same  open  to  public  inspection: 
Provided,  That  the  commission  may,  in  its  discretion 
and  for  good  cause  shown,  allow  changes  upon  less  time 
than  the  notice  herein  specified,  or  modify  the  re- 
quirements in  this  §  In  respect  to  publishing,  posting 
and  filing  of  tariffs,  either  in  particular  instances  or  by 
a  general  order  applicable  to  special  or  peculiar  circum- 
stances or  conditions:  Provided  further,  That  upon 
the  filing  with  the  commission  by  a  common  carrier  of 
any  tariff  or  supplement  showing  any  change  in  rates, 
fares  or  charges  or  joint  rate,  fares  or  charges  or  a  dis- 
continuance of  any  rate  or  rates,  fares  or  charges  or 
joint  rates,  fares  or  charges,  it  shall  be  lawful  for  the 
said  commission,  and  it  is  hereby  authorized,  acting 
upon  its  own  initiative  or  upon  complaint  to  postpone 
the  date  when  such  new  rate  or  rates  or  joint  rates,  fares 
or  charges  or  discontinuance  of  rates  or  rates  or  joint 
rates,  fares  or  charges,  shall  become  effective  to  such 
time  not  to  exceed  in  all  45  days  as  shall  give  the 
said  commission  opportunity  to  investigate  the  reason- 
ableness of  such  proposed  rate  or  rates  or  discontinu- 
ance of  rate  or  rates,  and  it  shall  thereupon  be  lawful 
for  said  commission,  and  it  is  hereby  authorized  to 
proceed  with  all  convenient  speed  with  an  investigation 
upon  at  least  five  days'  notice  to  said  common  carrier, 
either  upon  its  own  Initiative  or  upon  complaint  as  to 
the  reasonableness  of  said  rate  or  rates,  or  the  dis- 
continuance of  said  rate  or  rates,  follow  the  procedure 
as  near  as  may  be,  and  make  its  order  therein  in  the 
manner  hereinafter  provided  in  §  22  of  this  Act,  such 
Investigation  to  take  precedence  of  all  matters  of  a 
different  nature   pending  before  the   commission. 

Notice  must  specify  parties,  etc.  §  10  [as  amended  1911]. 
(c)  The  names  of  the  several  carriers  which  are  parties 
to  any  joint  tariff  shall  be  specified  therein  and  each 
of  the  parties  thereto,  other  than  the  one  filing  the 
same,  shall  file  with  the  commission  such  evidence  of 
concurrence  therein  or  acceptance  thereof  as  may  be 
required  or  approved  by  the  commission,  and  where 
evidence  of  concurrence  or  acceptance  is  filed  it  shall 
not  be  necessary  for  the  carriers  filing  the  same  to 
also  file  copies  of  the  tariffs  in  which  they  are  named 
as    parties. 

Commission  may  prescribe  forms.  §  10  [as  amended 
1911].  (d)  The  commission  may  determine  and  prescribe 
the  form  in  which  the  schedules  required  by  this  sec- 
tion to  be  kept  open  to  the  public  inspection  shall  be 
prepared  and  arranged  and  may  change  the  form  from 
time  to  time  as  may  be  found  expedient. 

Schedules  to  conform  to  Interstate  Commerce  Commission 
schedules.  %  10  [a»  amended  1911].  (e)  Such  schedules  shall, 
so  far  as  Is  practicable,  conform  to  the  forms  prescribed  by 
tile   Interstate   Commerce   Commission. 

Carriers  must  charge  only  schedule  rates.  §  10  [as 
amended  1911].  (f)  No  carrier,  unless  otherwise  provided 
by  this  Act,  shall  engage  or  participate  in  the  transpor- 


tation of  passengers  or  property  as  defined  in  this  Act,' 
unless  the  rates,  fares  and  charges  upon  which  the- 
rame  are  transported  by  said  carrier  have  been  filed 
and  published  in  accordance  with  the  provisions  of  this 
Act,  nor  shall  any  carrier  charge  or  demand  or  collect 
or  receive  a  greater  or  less  or  different  compensation 
lor  such  transportation  of  passengers  or  property  or 
for  any  service  in  connection  therewith  between  the' 
points  named  in  such  fares  and  charges  which  are  Hpec- 
ified  in  the  tariff  filed  and  in  effect  at  the  time;  nor 
shall  any  carrier  refund  or  remit  in  any  manner  or 
by  any  device  any  portion  of  the  rates,  fares  and 
charges  so  specified,  nor  extend  to  any  shipper  or  i)er- 
son  any  privilege  or  facilities  in  the  transportatio:i  ol 
pnrsons  or  property,  except  such  as  are  specified  in 
such  tariff. 

Complaints — Limitation  six  months — Hearing — Action 
to  recover  refund.  §10  [as  amended  1911].' (g)  Within  six 
months  after  the  delivery  of  any  shipment  of  freight  at  des- 
tination any  person  aggrieved  may  complain  to  the  core  mis- 
sion that  the  charge  exacted  for  the  transportation  of  such 
freight  between  points  in  Michigan  is  irregular  or  exor- 
bitant, and  thereupon  the  commission  shall  have  powsr  to 
investigate  such  complaint,  and  to  hear  the  same  anl  to 
decide  upon  the  merits  thereof,  in  the  manner  provided 
by  §22  of  this  Act.  If,  upon  such  hearing,  the  commis- 
sion shall  decide  that  the  rate  or  charge  exacted  i  i  ir- 
regular or  exorbitant  it  shall  find  what,  in  its  judg- 
ment, would  have  been  a  reasonable  rate  or  charge  foi 
the  service  complained  of.  If  the  rate  or  charg<  -'• 
found   shall  be   less   than   the  charge   exacted  the  cu 

shall  have  the  right  to  refund  to  the  person  paying  

charge  the  amount  so  found  to  be  excessive.  In  use 
of  the  refusal  of  the  carrier  to  make  such  refund,  ihe 
party  aggrieved  thereby  may  maintain  an  action  in  th« 
courts  of  this  State  to  recover  the  amount  of  i  ucl 
excessive  charge  as  found  by  said  commission,  am  ii 
the  trial  thereof  the  findings  of  the  commission  shal  b( 
prima  facie  evidence  of  the  truth  of  the  facts  foun(  b] 
it,  and  no  carrier  shall  be  permitted  to  avail  itsel  ol 
the  defense  of  such  action  that  the  shipment  invo  vec 
was  in  fact  made  on  the  published  tariff  rate  in  f  nc< 
at  the  time  such  shipment  was  made,  but  no  cai  riei 
making  a  refund  upon  the  order  of  the  commissioi  ol 
pursuant  to  a  judgment  of  court  as  herein  provi  led 
^  shall  be  liable  for  any  penalty  or  forfeiture,  or  sul  iee 
to  any  prosecution  under  the  laws  of  this  State  on  ac 
count  of   making   such   refund. 

Transportation  of  troops.  §  10  [as  amended  1911].  (h] 
In  time  of  war  or  threatened  war  preference  and  :ire 
cedence  shall,  upon  the  demand  of  the  governor  of  th( 
State,  be  given  over  all  other  traffic  to  the  transports  aoi 
of  troops  and  material  of  war,  and  carriers  shall  a  lop 
every  means  within  their  control  to  facilitate  and  ex 
pedite   the   military   traffic. 

Schedule  of  rates,  filing  of.  §  10  [as  amended  1911].  (1^ 
Every  common  carrier  within  this  State  shall  wi  hii 
00  days,  unless  further  time  be  granted  by  the  >  on 
mission,  file  in  the  office  of  the  commission  copie;  o 
all  schedules  of  rates,  including  joint  rates  in  forc(  oi 
its  line  or  lines  between  points  within  this  State  on  th 
date  this  Act  takes  effect,  not  previously  filed  by  j  i 
carrier   with    the   Michigan    Railroad    Commission. 

Concentration  and  special  contract  rates  to  be  of 
all  shippers.  §  11.  Nothing  In  this  Act  shall  be  cot 
strued  to  prevent  concentration,  commodity,  transit  ani 
other  special  contract  rates,  but  all  such  rates  shaU  b 
open  to  all  shippers  for  a  like  kind  of  traffic  u  ide 
similar  circumstances  and  conditions,  and  shall  be  sul 
ject  to  the  provisions  of  this  Act  as  to  the  printing  am 
the  filing  of  the  same:  Provided,  All  such  rates  i  hal 
be  under  the  supervision  and  regulation  of  the  'on 
mission. 

Freight  classification  to  be  uniform.  8  12.  The  class 
Ccation  of  freight  in  this  State  shall  be  uniform  on  al 
railroads. 

Railroads  to  provide  stations  and  freight  handlinij  /< 
duties — Commission  may  order  same.  §  13.  (a)  It  »h& 
be  the  duty  of  every  railroad,  unless  excused  theror'roi 
by  the  order  of  the  commission  made  after  petition  an 
hearing,  to  provide  and  maintain  adequate  depots  an 
depot    buildings.    Including    facilities    for    checking    ba( 


Public  Seryice  Laws 


713 


gage  and  the  sale  of  tickets  at  Its  regular  stations  and 
81  such  points  as  the  commission  shall  direct,  for  the 
accommodation  of  passengers,  and  said  depot  buildings 
shall  be  kept  clean,  well-lighted  and  warm  for  the  ac- 
commodation of  the  traveling  public.  All  railroads 
shall  keep  and  maintain  adequate  and  suitable  freight 
depots,  buildings,  switches  and  side  tracks  for  the  re- 
ceiving, handling  and  delivering  of  freight  transported 
or  to  be  transported  by  such  railroads.  Upon  the 
filing  of  complaint  with  the  commission  and  hear- 
ing thereon  as  provided  in  §  22  of  this  Act,  the 
commission  is  authorized  to  make  full  inquiry  in 
the  matter  of  station  facilities,  train  service,  name  of 
station,  etc.,  at  the  station  in  question,  and  make 
such  orders  in  regard  to  the  building  of  depots, 
Interurban  railway  shelters,  name  of  station,  stopping 
of  trains  or  cars,  necessary  sidings  and  other  track  ac- 
commodations as  it  shall  deem  for  the  public  interest 
and  shall  be  just  and  reasonable:  Provided,  That  no 
crder  shall  be  made  hereunder  by  the  commission  with 
reference  to  the  name  of  a  station  until  the  change  so 
ordered'  shall  have  been  asked  for  by  a  majority  vote 
of  the  citizens  of  the  township,  incorporated  village  or 
city   in   which   such   station  is   located. 

Joint  stations.  §  13  (continued),  (b)  Where  two  or 
riore  railroads  connect  they  shall,  if  so  ordered  by  the 
commission  after  a  hearing  as  above  provided,  provide 
at  thQ  junction  point  a  joint  depot  and  suitable  accom- 
modations for  passengers  and  merchandise.  It  the  rail- 
roads cannot  agree  in  providing  such  accommodations 
and  for  the  maintenance  thereof,  the  said  commission 
may  determine  the  character  of  the  accommodations  to 
be  provided  and  apportion  the  cost  thereof  and  the 
expense  of  the  maintenance  of  the  same  between  the 
several   roads. 

Commission  to  control  side  tracks,  spurs,  switches — No 
changes  by  railroad  without  notice  and  consent — Investi- 
gation. §  14  [as  amended  1911].  The  commission  shall 
have  control  and  jurisdiction  over  all  side  tracks,  spurs 
and  branches  in  so  far  as  the  same  are  used  or  operated 
by  common  carriers.  No  change  or  discontinuance  In 
the  service  from,  to  or  on  such  side  tracks,  spurs  and 
branches  or  abandonment  or  removal  of  said  side  tracks, 
spurs  or  branches,  except  side  tracks  or  spurs  solely 
required  for  the  convenient  operation  of  its  engines  and 
trains  and  private  industrial  side  tracks,  shall  be  made 
except  after  10  days'  notice  to  the  commission  and  to 
the  public  published  as  aforesaid,  which  shall  plainly 
state  the  change  or  discontinuance  proposed  to  be 
made  in  such  service  or  the  side  track,  spur  or  branch 
proposed  to  be  abandoned  or  removed  and  the  time 
when  such  change,  discontinuance  or  abandonment  or 
removal  will  go  into  effect;  and  the  proposed  change, 
discontinuance  or  abandonment  or  removal  shall  be 
shown  by  printing  and  filing  new  tariffs  or  notice 
thereof  or  by  showing  such  change,  discontinuance 
or  abandonment  or  removal  by  issuing  and  filing 
supplements  or  notice  in  the  regular  manner  now 
provided  and  keeping  same  open  to  public  inspection: 
Provided,  That  the  commission  may  allow  changes  upon 
less  time  than  the  notice  herein  specified  or  modify  the 
requirements  in  this  section  in  respect  to  publishing 
and  posting  of  tariffs  either  in  particular  instances  or  by 
a  general  order  applicable  to  special  or  peculiar  cir- 
cumstances or  conditions:  Provided  further.  That  It 
shall  be  lawful  for  the  said  commission  and  it  is  hereby 
authorized,  acting  upon  its  own  initiative  or  upon  com- 
plaint, to  postpone  the  date  when  such  change,  discon- 
tinuance or  abandonment  or  removal  shall  become 
effective  to  such  time  not  to  exceed  in  all  45  days  as 
shall  give  the  said  commission  opportunity  to  investi- 
gate the  reasonableness  of  such  proposed  change,  dis- 
continuance or  abandonment  or  removal,  and  it  shall 
thereupon  be  lawful  for  such  commission,  and  it  is 
hereby  authorized,  to  proceed  with  all  convenient  speed 
with  an  investigation  upon  at  least  five  days'  notice  to 
said  common  carrier,  either  upon  its  own  initiative  or 
upon  complaint  as  to  the  reasonableness  of  said  change, 
discontinuance  or  abandonment  or  removal,  and  shall 
follow  the  proceedings  as  near  as  may  be  and  make  its 
orders  thereon  either  approving  or  refusing  such  change, 
discontinuance  or  abandonment  or  removal  or  prescribing 
the  tenns  and  conditions   upon  which  such   change,  dis- 


continuance or  abandonment  or  removal  shall  be  made, 
in  the  manner  hereinafter  provided  in  §  22  of  this  Act, 
such  investigation  to  take  precedence  of  all  matters  of 
a  different  nature  pending  before  the  commission,  except 
investigations  as  to  change  or  discontinuance  of  rates, 
fares  or  charges  or  joint  rates,  fares  or  charges  then 
pending    before    said    commission. 

Continuous  carriage — Break  of  bulk.  §  15.  It  shall  be 
unlawful  for  any  common  carrier  to  enter  into  any 
combination,  contract  or  agreement,  express  or  implied, 
to  prevent  by  change  of  time,  schedule,  carriage  in 
different  cars,  or  by  other  means  or  devices,  the  car- 
riage of  freight  from  being  continuous  from  the  place 
of  shipment  to  the  place  of  destination;  and  no  break 
of  'Jbulk,  stoppage  or  Interruptions  by  such  common  car- 
rier shall  prevent  the  carriage  of  freight  from  being 
and  being  treated  as  one  continuous  carriage  from  place 
of  shipment  to  the  place  of  destination,  unless  such 
break,  stoppage  or  interruption  was  made  in  good  faith 
for  some  necessary  purpose  and  without  any  intent  to 
avoid  or  unnecessarily  interrupt  such  continuous  car- 
riage or  to  evade  any  of  the  provisions  of  this  Act. 

Special  rates,  rebates,  drawbacks,  and  other  forms  of 
discrimination  unlawful.  §  16.  If  any  common  carrier  or 
any  agent  or  oflicer  thereof  shall,  directly  or  indirectly, 
by  any  special  rate,  rebate,  drawback  or  by  any  means 
of  false  billing,  false  classification,  false  weighing  or  by 
any  other  device  whatsoever,  charge,  demand,  collect 
or  receive  from  any  person,  firm  or  corporation,  a  greater 
or  less  compensation  for  any  service  rendered  or  to 
be  rendered  by  it  for  the  transportation  of  persons  or 
property  or  for  any  service  in  connection  therewith 
than  that  prescribed  in  the  public  tariffs  then  in  force, 
or  established  as  provided  herein,  or  than  it  charges, 
demands,  collects  or  receives  from  any  other  person, 
firm  or  corporation  for  a  like  .and  contemporaneous 
service  in  the  transportation  of  a  like  kind  of  trafilc 
under  substantially  similar  circumstances  and  conditions, 
or  shair  knowingly  and  wilfully  assist  or  wilfully  suffer 
and  permit  such  greater  or  less  compensation  to  be 
charged,  demanded,  collected  or  received,  such  common 
carrier  shall  be  deemed  guilty  of  unjust  discrimination, 
which  Is  hereby  prohibited  and  declared  to  be  unlawful. 
It  shall  be  unlawful  for  any  common  carrier  to  demand, 
charge,  collect  or  receive  from  any  person,  firm  or  cor- 
poration a  less  compensation  for  the  transportation  of 
property  or  for  any  service  rendered  or  to  be  rendered 
by  said  common  carrier  in  consideration  of  said  person, 
firm  or  corporation  furnishing  any  part  of  the  facilities 
incident  thereto:  Provided,  Nothing  shall  be  construed 
as  prohibiting  any  common  carrier  from  procuring  any 
facilities  or  service  incident  to  transportation  and  paying 
a   reasonable  compensation  'therefor. 

Undue  preferences  unlawful.  §  17.  It  shall  be  unlawful 
for  any  common  carrier,  subject  to  the  provisions  of 
this  Act,  to  make  or  give  any  undue  or  unreasonable 
preference  or  advantage  to  any  particular  person,  com- 
pany, firm,  corporation  or  locality  or  any  particular 
description  of  traflftc  in  any  respect  whatsoever,  or  to 
subject  any  particular  person,  company,  firm,  corpora- 
tion or  locality  or  any  particular  description  of  traffic 
to  any  undue  or  unreasonable  disadvantage  or  prejudice 
in  any  respect  whatsoever. 

Unlawful  to  receive  rebates,  concessions,  etc. — Penalty. 
§  18.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration knowingly  to  accept  or  to  receive  any  rebate, 
concession  or  discrimination  in  respect  to  transportation 
of  any  property  wholly  in  this  State  or  for  any  service 
in  connection  therewith,  whereby  any  such  property 
shall,  by  false  billing,  false  classification,  false  weigh- 
ing or  any  other  device  whatsoever,  be  transported  at  a 
less  rate  than  that  named  in  the  published  tariffs  In 
force  as  provided  herein  or  whereby  any  service  or 
advantage  is  received,  other  than  is  therein  specified. 
Any  person,  firm  or  corporation  violating  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  a  fine  of 
not  more  than  $500  or  by  Imprisonment  in  the  county 
jail  for  a  term  of  not  to  exceed  three  months,  or  by/ 
both  in  the  discretion  of  the  court  for  each  offense. 

Vouble  damages  to  shipper  for  violation  of  the  Act.  §  19. 
If  any  common  carrier  shall  do,  or  cause  to  be  done,  or 


714 


National  Association  of  Railway  Commissioners 


permit  to  be  done,  any  matter,  act  or  thing  in  this  Act 
prohibited  or  declared  to  be  unlawful,  or  shall  omit  to 
do  any  act,  matter  or  thing  required  to  be  done  by  it, 
or  by  any  lawful  order  made  under  the  provisions 
of  this  Act  by  the  Michigan  Railroad  Commission,  such 
common  carrier  shall  be  liable  to  the  person,  firm  or 
corporation  injured  thereby  in  double  the  amount  of 
damages  sustained  in  consequence  of  such  violation: 
Provided,  That  any  recovery  as  is  in  this  section  pro- 
vided shall  in  no  manner  affect  a  recovery  by  the  State  of 
the  penalty  prescribed  for  such  violation. 

Failure  to  return  blank,  etc.  §  20.  It  shall  be  unlawful 
for  any  officer,  agent  or  employe  of  any  common  carrier 
to  wilfully  fail  or  refuse  to  fill  out  and  return  any 
blank  or  make  any  report  as  required  by  this  Act^  or 
to  wilfully  fail  or  refuse  to  answer  any  questions 
(herein  propounded,  or  to  knowingly  or  wilfully  give 
a  false  answer  to  any  such  question  or  to  evade  the 
answer  to  any  such  question  where  the  fact  inquired  of 
is  within  his  knowledge,  or  to,  upon  proper  demand, 
wilfully  fail  or  refuse  to  exhibit  to  any  commissioner 
or  any  commissioners,  or  any  person  authorized  to  ex- 
amine the  same,  any  book,  paper  or  account  of  such 
r  common  carrier  vfhlch  is  in  his  possession  or  under 
his  control. 

Fees.  §  21.  The  commission  shall  charge  and  collect 
the  following  fees:  For  copies  of  papers  and  records  not 
required  to  be  certified  or  otherwise  authenticated  by  the 
commission,  10  cents  for  each  folio;  for  certified  copies 
of  official  documents  and  orders  filed  in  its  office,  15 
cents  for  each  folio;  for  certifying  a  copy  of  any  report 
made  by  a  corporation  to  the  commission,  50  cents;  for 
each  certified  copy  or  the  annual  report  of  the  com- 
mission, for  certified  copies  of  evidence  and  proceedings 
before  the  commission  not  required  by  this  Act  to  be 
furnished  gratis,  15  cents  for  each  folio.  No  fees  shall 
be  charged  or  collected  for  copies  of  papers,  records 
or  official  documents  furnished  to  public  officers  for  use 
in  their  official  capacity,  or  for  the  annual  reports  of  the 
commission  in  the  ordinary  course  of  distribution.  All 
fees  charged  and  collected  by  the  commission  shall  be- 
long to  the  people  of  the  State,  and  shall  be  paid  monthly, 
accompanied  with  a  detailed  statement  thereof,  into  the 
treasury  of  the  State  to   the   credit  of  the  general  fund. 

Complaint  as  to  rates — Commission  to  investigate  and 
fix  new  rates,  classifications,  etc.  §  22.  (a)  Upon  complaint 
in  writing  of  any  person,  firm  or  corporation  or  asso- 
ciation, or  of  any  mercantile,  agricultural  or  manufactur- 
ing society,  or  of  any  body  politic  or  municipal  organi- 
zation, that  any  of  the  rates,  fares,  charges  or 
classifications,  or  any  joint  rate  or  rates  are  in  any 
respect  unreasonable  or  unjustly  discriminatory,  or  that 
any  regulation  or  practice  whatsoever  affecting  the 
transportation  of  persons  or  property  or  any  service  In 
connection  therewith,  is  in  any  respect  unreasonable  or 
unjustly  discriminatory,  or  that  any  service  is  inade- 
quate, the  commission  shall  notify  the  common  carrier 
complained  of  that  complaint  has  been  made  and  shall 
furnish  a  copy  of  the  said  complaint  with  said  notice, 
and  20  days  after  such  notice  has  been  given  the 
commission  may  proceed  to  investigate  the  same  as 
hereinafter  provided.  Before  proceeding  to  make  the 
investigation,  the  commission  shall  give  the  said  com- 
mon carrier  and  the  complainants  at  least  10  days' 
notice  of  the  time  and  place  when  and  where  such 
matters  will  be  considered  and  determined,  and  said 
parties  shall  be  entitled  to  be  heard  and  shall  have 
process  to  enforce  the  attendance  of  witnesses.  Such 
hearings  may  be  continued  from  time  to  to  time  in  the 
discretion  of  the  commission.  If,  upon  such  investigation, 
the  rate  or  rates,  joint  rate  or  rates,  fares,  charges  or 
classifications,  regulation,  practice  or  service  complained 
of  shall  be  found  to  be  unreasonable,  inadequate  or  un- 
justly discriminatory,  the  commission  shall  have  power 
to,  and  it  shall  determine  and  by  order  fix  and  order 
substituted  therefor,  such  rate  or  rates,  joint  rate  or 
rates,  fares  and  charges,  as  is  or  are  just  and  reason- 
able, and  which  shall  be  the  maximum  to  be  charged 
^n  the  future,  and  such  classifications,  regulation,  prac- 
tice or  service  as  is  or  are  just,  reasonable  and  ade- 
quate, and  which  shall  be  imposed  and  followed  or 
service  rendered  in   future   in  lien   of  that  found   to   be 


ussei 


unreasonable,  inadequate  or  unjustly  discriminatory,  ant 
in  either  case  the  commission  shall  make  an  orde 
that  the  common  carrier  cease  and  desist  from  sue! 
violation,  and  shall  conform  to  the  regulation  and  prac 
tice  so  prescribed,  and  it  shall  cause  a  certified  copj 
of  each  such  order  to  be  delivered  to  an  officer  or  sta 
tion  agent  of  the  common  carrier  affected  thereby,  whici 
order  shall,  of  its  own  force,  take  effect  and  becomf 
operative  20  days  after  the  service  thereof.  All  conimor 
carriers  to  which  the  order  applies  shall,  on  or  befort 
the  date  when  such  order  becomes  effective,  make  suet 
changes  in  schedules  on  file  as  shall  be  necessary  tt 
make  the  same  conform  to  such  order,  and  no  chang* 
shall  within  two  years  thereafter  bo  made  by  any  sucl 
common  carrier  in  any  such  rates,  fares  or  charges,  oi 
in  any  such  joint  rate  or  rates,  without  the  apjiroval  o: 
the  commission.  Certified  copies  of  all  other  orders  oi 
the  commission  shall  be  delivered  to  the  common  car 
riers  thereby  affected  in  like  manner,  and  the  i;am« 
shall  take  effect  within  such  times  thereafter  as  the 
commission  shall   prescribe. 

Separate  hearings.  §  22  (continued),  (b)  The  com 
mission  may,  when  the  complaint  is  made  of  more  thai 
one  rate  or  charge,  order  separate  hearings  thereon,  an( 
may  consider  and  determine  the  several  matters  com 
plained  of  separately  and  at  such  times  as  it  may  prescribe 
No  complaint  shall  of  necessity  at  any  time  be  dismissee 
because  of  the  absence  of  direct  damage  to  thp  ,5 
plainant.  1 1 

Commission  may  investigate  rates,  etc.,  of  its  owrt  ' 
tion.  §  22  (continued),  (c)  Whenever  the  commiisioi 
shall  believe  that  any  rate  or  rates  or  charge  or  cha  rgei 
may  be  unreasonable  or  unjustly  discriminat6ry,  or  tha 
any  service  is  inadequate,  and  that  any  investigatioi  re 
lating  thereto  should  be  made,  it  may,  upon  its  own  mo  ion 
investigate  the  same.  Before  making  such  investiga  ion 
it  shall  present  to  the  common  carrier  a  statemen  ii 
writing,  setting  forth  the  rate  or  charge  to  be  investigi  ted 
Thereafter,  on  10  days'  notice  to  the  common  carrie :  o 
the  time  and  place  of  such  investigation,  the  commis  ;ioi 
may  proceed  to  investigate  such  rate  or  charge  in  the  £  im( 
manner  and  make  like  orders  in  respect  thereto  as  if  ucl 
investigation  had  been  made  upon  complaint. 

Common  carrier  may  complain.  §  22  (continued).  (&. 
This  section  shall  be  construed  to  permit  any  com  noi 
carrier  to  make  complaint  of  like  effect  as  though  n  ad( 
by  any  person,  firm,  corporation  or  association,  mercai  tile 
agricultural  or  manufacturing  society,  body  politic  oi 
municipal  organization. 

Commission  may  establish  through  routes — Pro:  iso 
§  22  (continued),  (e)  The  commission  may,  after  hea  ini 
on  a  complaint,  establish  through  routes  and  joint  r  itei 
as  the  maximum  to  be  charged  and  the  terms  and  c(  ndl 
tions  under  which  such  through  routes  shall  be  oper  ite( 
when  the  common  carriers  complained  of  have  ref  sei 
or  neglected  to  voluntarily  establish  such  through  ro  itei 
and  joint  rates:  Provided,  No  reasonably  satisfacor; 
through  route  and  joint  rate  exist.  Whenever  the  com  uoi 
carrier  or  common  carriers,  in  obedience  to  an  orde  ■  o 
the  commission  or  otherwise,  in  respect  to  joint  r:  tea 
fares  or  charges,  shall  fail  to  agree  among  themse  ive! 
upon  the  apportionment  or  division  thereof,  the  commls  sloi 
may  after  hearing  make  a  supplemental  order  prescri  )in( 
the  just  and  reasonable  proportion  of  such  joint  rate,  t'ar( 
or  charge  to  be  received  by  each  common  carrier  p  irt: 
thereto,  which  order  shall  take  effect  as  part  of  the  orig  ina 
order. 

Powers  of  individual  commissioners — Taking  testimony 
§  23  (a)  Each  of  the  commissioners,  for  the  purpose: 
mentioned  in  this  Act,  shall  have  power  to  administe; 
oaths,  certify  to  official  acts,  issue  subpoenas,  compel  th( 
attendance  of  witnesses  and  the  production  of  papers,  vay 
bills,  books,  accounts,  documents  and  testimony.  In  :a8( 
of  disobedience  on  the  part  of  any  person  or  persons .  oi 
wilful  failure  to  comply  with  any  order  of  the  commiEsloi 
or  any  commissioner  or  any  subpoena,  or  upon  the  refiisa 
of  any  witness  to  testify  regarding  any  matter  upon  whicl 
he  may  be  lawfully  interrogated,  or  to  produce  any  booki 
or  papers  in  his  custody  or  control  which  he  shall  have 
been  required  by  any  commissioner  to  produce,  it  shall  hi 
the  duty  of  the  Circuit  Court  or  any  court,  or  a  judgi 
thereof,  upon  application  of  a  commissioner,  to  compe 
obedience  by  attachment  proceedings  for  contempt,  as  li 


Public  Service  Laws 


715 


the  case  of  disobedience  of  the  requirements  of  a  sub- 
poena issued  from  such  court,  or  a  refusal  to  testify  therein, 
and  in  addition  said  commissioner  shall  have  the  powers 
vested  in  justices  of  the  peace  and  notaries  public  to  com- 
pel witnesses  to  testify  and  to  produce  books  and  papers. 

Hates,  etc.,  fixed  by  commission  prima  facie  lawful.  §  25. 
All  rates,  fares,  charges,  classification  and  joint  rates  fixed 
by  the  commission  and  all  regulations,  practices  and  serv- 
ices prescribed  by  the  commission  shall  be  in  force  and 
shall  be  prima  facie,  lawful  and  reasonable  until  finally 
found  otherwise  in  an  action  brought  for  the  purpose  pur- 
suant to  the  provisions  of  §  26  of  this  Act,  or  until  changed 
or  modified  by  the  commission  as  provided  for  In  §  24  of 
this  Act. 

Express  cn7npanies  must  not  exceed  schedule  rates.  §  25 
(continued)  [as  amended  1911].  (a)  It  shall  be  unlawful 
for  any  express  company  operating  or  doing  business  In 
the  State  of  Michigan  to  charge  or  collect  a  greater  amount 
for  the  transportation  of  merchandise  or  other  property 
within  this  State  than  the  rates  and  charges  set  forth 
and  contained  in  the  schedule  of  rates,  tariffs  and  classi- 
fications on  file  at  each  station  and  ofl[ice  to  or  from  which 
said  rates,  tariffs  and  classifications  are  intended  to  apply; 
a  copy  of  which  said  schedule  of  rates,  tariffs  and  classi- 
fications shall  be  filed, with  the  railroad  commission  by  the 
issuing  carrier  or  some  duly  authorized  agent  or  repre- 
sentative of  such  carrier. 

Discrimination  by  express  company.  §  25  (continued) 
[as  amended  1911].  (b)  It  shall  be  unlawful  for  any  express 
company  operating  and  doing  business  In  the  State  of 
Michigan  to  discriminate  In  favor  of  or  against  any  ship- 
per or  shippers  or  to  refuse  or  fail  to  receive  and  transport 
proffered  merchandise  or  other  property,  providing  such 
merchandise  or  other  property  is  a  proper  subject  for 
shipment  by  express  and  in  proper  condition  at  the  time 
of  presentation  for  shipment  from  any  point  where  such 
express  company  shall  maintain  or  conduct  an  oflice  or 
station,  or  to  or  from  any  junction  point  or  points  where 
the  line  of  such  express  company  intersects  with  the  Una 
of  any  other  express  company  or  to  or  from  any  common 
terminal  to  any  point  on  its  own  line,  and  the  charge  and 
compensation  for  the  transportation  of  such  merchandise 
or  other  property  by  two  or  more  express  companies  shall 
not  exceed  by  30  per  cent  the  maximum  charge  for  the 
same  distance  on  any  one  line,  such  maximum  charge 
being  determined  as  hereinafter  prescribed. 

Express  companies  to  file  rates.  §  25  (continued)  [as 
amended  1911].  (c)  All  express  companies  operating  within 
this  State  shall  publish  and  continue  in  force  and  effect 
through  or  joint  rates  between  all  points  at  which  offices 
are  maintained  on  the  line  of  all  express  companies  operat- 
ing within  the  State  of  Michigan:  Provided,  That  such 
express  companies  may  divide  charges  for  transportation 
in  such  a  manner  as  to  allow  participating  carriers  an 
agreed  minimum  proportion  when  the  division  of  such 
charges  on  a  mileage  basis  would  not  allow  a  sufficient 
minimum. 

Basic  general  merchandise  schedule  for  Michigan.  §  25 
(continued)  [as  amended  1911].  (d)  The  following 
schedule  of  rates  shall  be  the  present  maximum  basic 
general  merchandise  schedule  chargeable  within  the  State 
of  Michigan: 

One  to  55  miles  Inclusive,  50  cents  per  100  pounds; 

Fifty-six  to  75  miles  Inclusive,  55  cents  per  100  pounds; 

Seventy-six  to  85  miles  inclusive,  60  cents  per  100 
pounds ; 

Eighty-six  to  95  miles  Inclusive,  65  cents  per  100 
pounds; 

Ninety-six  to  105  miles  Inclusive,  70  cents  per  100  hun- 
dred pounds; 

One  hundred  six  to  130  miles  Inclusive,  75  cents  per  100 
pounds; 

One  hundred  thirty-one  to  150  miles  inclusive,  80  cents 
per  100  pounds. 

One  hundred  fifty-one  to  170  miles  Inclusive,  85  cents 
per  100  pounds; 

One  hundred  seventy-one  to  190  miles  inclusive,  90 
cents  per  100  pounds; 

One  hundred  ninety-one  to  210  miles  inclusive,  $1  per 
100  pounds; 

Two  hundred  eleven  to  230  miles  Inclusive,  $1.10  per 
100  pounds; 

Two  hundred  thirty-one  to  250  miles  Inclusive,  $1.20 
per  100  pounds. 


Two  hundred  fifty-one  to  275  miles  inclusive,  $1.30  per 
100  pounds; 

Two  hundred  seventy-six  to  300  miles  Inclusive,  $1.40 
per  100  pounds. 

Graduated  schedule.  §  25  (continued)  [as  amended 
1911].  (e)  The  graduated  table  or  schedule  of  charges 
now  in  force  relating  to  shipments  of  merchandise  or  other 
property  in  quantities  less  than  100  pounds  shall  continue 
in  operation  except  as  hereinafter  provided. 

Supervision  of  express  companies.  §  25  (continued)  [a« 
amended  1911].  (f)  The  Michigan  Railroad  Commission 
shall  have  control  and  supervision  over  all  express  com- 
panies operating  within  this  State,  and  upon  complaint 
made  to  it  or  upon  Its  own  motion  and  after  hearing  had 
thereon,  In  accordance  with  the  rules  now  in  force  relative 
to  hearings  on  complaints  by  and  against  common  carriers, 
may  from  time  to  time  within  its  discretion  change,  alter 
and  amend  the  maximum  schedule  of  rates  hereinbefore 
set  forth,  and  may  from  time  to  time  upon  proper  applica- 
tion or  upon  its  own  motion  and  hearing  had  thereon,  as 
above  prescribed,  change,  alter  and  amend  any  graduated 
table  or  schedule  of  charges  on  merchandise  or  other  prop- 
erty transported  or  to  be  transported  the  weight  of  which 
is  less  than  100  pounds. 

Express  shipments  to  6e  forwarded  ty  cheapest  route. 
I  25  (continued)  [as  amended  1911].  (g)  Any  express  com- 
pany operating  or  doing  business  within  the  State  of 
Michigan,  upon  receipt  of  any  property  or  merchandise, 
providing  such  property  or  merchandise  is  a  proper  sub- 
ject for  shipment  by  express  and  in  proper  condition  at 
time  of  presentation,  shall  unless  otherwise  requested  by 
the  shipper  forward  same  via  the  nearest  and  most 
practical  route,  having  In  mind  the  frequency  of  .train 
service  at  different  junction  points. 

TRANSPORTATION    OF    KXPKESS    PACKARF.S. 

An  Act  to  regulate  charges  for  transporting  express  pack- 
ages; to  prescribe  certain  regulations  for  forwarding 
the  same;  to  prohibit  the  establishment  of  joint  agen- 
cies by  express  companies;  and  to  provide  for  the 
enforcement  of  the  provisions  of  this  Act. 
[P.  A.  273  of  1911.] 
The  people  of  the  State  of  Michigan  enact: 

Maximum  express  charge  fixed.  §  1.  Hereafter  it  shall 
be  unlawful  for  any  express  company,  doing  business  In 
this  State,  to  charge  or  receive,  or  cause  to  be  charged 
or  received  for  them,  any  greater  amount  than  25  cents 
for  transporting  and  delivering  any  package  of  mer- 
chandise not  exceeding  five  pounds  In  weight  and  $10 
in  value  from  any  point  within  this  State  to  any  other 
1  oint  within  this  State.  The  rate  provided  in  this  section 
shall  be  in  full  for  the  collecting  and  delivering  of  said 
packages  within  the  limits  of  any  municipality  where 
delivery    service    by    said    company    is    maintained. 

How  packages  to  he  routed.  §  2.  All  packages  received 
for  transportation  between  points  within  this  State 
shall  be  forwarded  by  the  shortest  railroad  route,  or 
railroad  and  boat  route,  between  said  points  unless 
otherwise  specifically  directed  by  the  shipper.  In  cases 
where  packages  are  received  by  a  company  not  operat- 
ing over  the  shortest  route,  the  package  or  packages 
shall  be  turned  over  by  said  company  to  the  company 
operating  over  the  shortest  route  and  by  the  latter 
company  shall  be  forwarded.  No  extra  charge  shall  be 
made  by  the  company  'first  receiving  such  package  or 
packages  for  transferring  to  the  company  operating  over 
the  shortest  route  between  said  points. 

Joint  agencies  forbidden — Exception.  §  3.  Hereafter  It 
shall  be  unlawful  without  the  specific  permission  of  the 
Michigan  Railroad  Commission  for  any  two  or  more 
express  companies,  doing  business  In  this  State,  to 
maintaih  in  any  city  or  village  a  joint  office  or  to 
employ  the  same  person  to  act  as  joint  agent  for  the 
said  companies:  Provided,  That  the  provisions  of  this 
section  shall  not  apply  to  offices  maintained  at  railroad 
stations  or  junction  points,  for  the  receipt  anil  forward- 
ing of  express  matter. 

Penalty.  §  4.  Any  express  company,  or  its  agents  or 
representatives,  that  shall  violate  any  of  the  provisions 
of  this  Act  shall  be  liable  to  a  fine  of  $100,  for  each 
such  violation,  to  be  recovered  in  an  action  in  the  name 
of  the   people  of  the  State  of  Michigan. 


716 


National  Association  of  Railway  Commissioners 


^ 


Suit  in  chancery  'by  common  carrier  to  vacate  order  of 
the  commission.  §  26.  (a)  Any  common  carrier  or  other 
party  in  interest,  being  dissatisfied  with  any  order  of 
the  commission  fixing  any  rate  or  rates,  tares,  charges, 
classifications,  joint  rate  or  rates,  or  any  order  fixing 
any  regulations,  practices  or  services,  may  within  30 
days  from  the  issuance  of  such  order  and  notice  thereof 
commence  an  action  in  the  Circuit  Court  in  chancery 
against  the  commission  as  defendant  to  vacate  and  set 
aside  any  such  order  on  the  ground  that  the  rate  or 
rates,  fares,  charges,  classifications,  joint  rate  or  rates 
fixed  are  unlawful  or  unreasonable,  or  that  any  such 
regulation,  practice  or  service  fixed  in  such  order  is 
unreasonable;  in  which  suit  the  commission  shall  b« 
served  with  a  subpoena  and  a  copy  of  the  complaint. 
The  commission  shall  file  its  answer,  and  on  leave  of 
court  any  interested  party  may  file  an  answer  to  said 
complaint.  Upon  the  filing  of  the  answer  of  the  com- 
mission said  action  shall  be  at  issue  and  stand  ready 
for  hearing  upon  10  days'  notice  by  either  party.  All 
F.uits  brought  under  this  section  shall  have  precedence 
over  any  civil  cause  of  a  different  nature  pending  In  such 
court,  and  the  Circuit  Court  shall  always  be  deemed  open 
for  the  hearing  thereof,  and  the  same  shall  proceed, 
be  tried  and  determined  as  other  chancery  suits.  Any 
party  to  such  suit  may  introduce  original  evidence  in 
addition  to  the  transcript  of  evidence  offered  to  said 
commission,  and  the  Circuits  courts  in  chancery  ,are 
hereby  given  jurisdiction  of  such  suits  and  empowered 
to  affirm,  vacate  or  set  aside  the  order  of  the  commis- 
sion in  whole  or  in  part,  and  to  make  such  other  order 
or  decree  as  the  courts  shall  decide  to  be  in  accordance 
with  the  facts  and  the  law. 

Injunction.  §  26  (continued),  (h)  No  Injunction 
shall  issue  suspending  or  staying  any  order  of  the 
commission,  except  upon  application  to  the  Circuit  Court 
in  chancery  or  to  the  judge  thereof,  notice  to  the  com- 
mission having  been  given  and  hearing  having  been 
had   thereon. 

Additional  evidence — Case  sent  back  to  commission  for 
further  consideration.  §  26  (continued),  (c)  If,  upon 
trial  of  said  action,  evidence  shall  be  introduced  by  the 
complainant  which  is  found  by  the  court  to  be  different 
from  that  offered  upon  the  hearing  before  the  commission, 
or  additional  thereto,  the  court,  before  proceeding  to 
render  judgment,  unless  the  parties  in  such  action 
stipulate  in  writing  to  the  contrary,  shall  transmit  a 
copy  of  such  evidence  to  the  commission,  and  shall  stay 
further  proceedings  in  said  action  for  15  days  from 
the  date  of  such  transmission.  Upon  receipt  of  such 
evidence  the  commission  shall  consider  the  same,,  and 
may  alter,  modify,  amend  or  rescind  its  order  relating 
to  such  rate  or  rates,  fares,  charges,  classifications,  joint 
rate  or  rates,  regulations,  practice  or  service  complained 
of  in  said  action,  and  shall  report  its  action  thereon 
to  said  court  within  10  days  from  the  receipt  of  such 
evidence.  It  the  commission  shall  rescind  its  order 
complained  of,  the  action  shall  be  dismissed;  if  it 
shall  alter,  modify  or  amend  the  same,  such  altered, 
modified  or  amended  order  shall  take  the  place  of  the 
original  order  complained  of,  and  judgment  shall  be 
rendered  thereon  as  though  made  by  the  commission  in 
the  first  instance.  If  the  original  order  shall  not  be  re- 
scinded or  changed  by  the  commission,  judgment  shall 
be  rendered  upon  such  original  order. 

Either  party  may  appeal.  §  26  (continued),  (d)  Either 
party  to  said  action,  within  60  days  after  service  of 
a  copy  of  the  order  or  judgment  of  the  court,  may  appeal 
to  the  Supreme  Court,  which  appeal  shall  be  governed 
by  the  statutes  governing  chancery  appeals.  When  the 
appeal  is  taken  the  case  shall,  on  the  return,  of  the 
papers  to  the  Supreme  Court,  be  immediately  placed  on 
the  calendar  of  the  then  pending  term,  and  shall  be 
brought  to  a  hearing  In  the  same  manner  as  other  cases 
on  the  calendar,  or  if  no  term  is  then  pending,  shall 
take  precedence  of  cases  of  a  different  nature  except 
criminal  cases  at  the  next  term  of  the  Supreme  Court. 

Burden  of  proof.  §  26  (continued),  (e)  In  all  actions 
under  this  section  the  burden  of  proof  shall  be  upon  the 
complainant  to  show  by  clear  and  satisfactory  evidence 
that  the  order  of  the  commission  complained  of  is 
unlawful  or  unreasonable,  as  the  case  may  be. 


Procedure — Service  of  process.  §  27.  (a)  In  all  actions 
and  proceedings  in  court  arising  under  this  Act  all 
such  process  shall  be  served  and  the  practice  and  rules 
of  evidence  shall  be  the  same  as  in  actions  in  equity, 
except  as  otherwise  herein  provided.  Every  sherlft 
or  other  officer  empowered  to  execute  civil  process  shall 
execute  any  process  issued  under  the  provisions  of  this 
Act,  and  shall  receive  such  compensation  therefor  as 
may   be   prescribed  by  law  for  similar  services. 

Incriminating  testimony — Immunity  of  witness — Per- 
jury. §  27  (continued),  (b)  No  person  shall  be  excused 
from  testifying  or  from  producing  books  and  papers  in 
any  proceedings  based  upon  or  growing  out  of  any  viola- 
tion of  the  provisions  of  this  Act  on  the  ground  or  for 
the  reason  that  the  testimony  or  evidence,  documentary 
or  otherwise,  required  of  him  may  tend  to  incriminate 
him  or  subject  him  to  penalty  or  forfeiture,  but  no 
person  having  so  testified  shall  be  prosecuted  or  sub- 
jected to  any  penalty  or  forfeiture  for  or  on  account,  of 
any  transaction,  matter  or  thing  concerning  which  he 
may  have  testified  or  produced  any  documentary  evi- 
dence: Provided,  That  no  person  so  testifying  siall 
be  exempted  from  prosecution  or  punishment  for  perjury 
in  so  testifying:  Provided  further.  The  immu.iity 
hereby  conferred  shall  extend  only  to  a  natural  person 
who,  in  obedience  to  a  subpoena,  gives  testimony  under 
oath,  or  produces  evidence  documentary  or  otherv  ise 
under  oath. 

Certified  copies  of  orders — Evidence.  §  27  (continued), 
(c)  Upon  application  of  any  person  the  commission 
shall  furnish  certified  copies,  under  seal  of  the  om- 
mission  and  signed  by  the  commission  or  its  secret;  ry, 
of  any  order  made  by  it,  which  shall  be  prima  fccie 
evidence  in  any  court  or  proceedings  of  the  facts  stated 
therein. 

Inquisitorial  powers  of  the  commission.  §  28.  a) 
The  commission  shall  have  authority  to  inquire  1  ito 
the  management  of  the  business  of  any  common  car:  ier 
and  shall  keep  itself  informed  as  to  the  manner  i  nd 
shall  have  the  right  to  obtain  from  any  common  can  ier 
all  necessary  information  to  enable  the  commission  to 
perform  the  duties  and  carry  out  the  objects  for  wh  ch 
it  is  created. 

Carrier  to  fill  out  and  return  blanks — False  return,  j  er- 
jury.  §  28  (continued),  (b)  The  commission  shall  ca  ise 
to  be  prepared  for  the  purposes  designated  in  this  .  tct 
blanks  which  shall  conform  as  nearly  as  practicable  to 
the  forms  prescribed  by  the  Interstate  Commerce  Ci  m- 
mtssion,  and  shall  when  necessary  furnish  such  blai  ks 
to  each  common  carrier.  Any  common  carrier  receiv  ng 
from  the  commission  any  such  blanks  shall  cause  he 
same  to  be  properly  filled  out  so  as  to  answer  ft  lly 
and  correctly  each  question  therein  propounded,  and  in 
case  it  is  unable  to  answer  any  question  it  shall  g  ve 
a  full  and  sufficient  reason  for  such  failure;  and  s  lid 
answer  shall  be  verified  under  oath  by  the  proper  offl  er 
of  said  common  carrier  and  returned  to  the  commiss  on 
at  its  office  within  the  time  fixed  by  the  commissi  m. 
The  making  of  a  false  affidavit  or  the  filing  of  the  sa  ne 
shall  be  deemed  perjury  and  punishable  as  such  un  Ier 
the  statutes  of  Michigan  defining  perjury. 

Right  of  commission  to  inspect  books  of  carrier.  §  28 
(continued),  (c)  The  commission  or  any  commissioner,  or 
any  person  or  persons  employed  by  the  commission  for 
that  purpose,  shall,  upon  demand,  have  the  right  to 
inspect  the  books  and  papers  of  any  common  carr  er, 
and  to  examine  under  oath  any  officer,  agent  or  <  m- 
ploye  of  such  common  carrier  in  relation  to  any  matter 
which  is  the  subject  of  complaint  or  investigation:  Iro- 
vided.  That  any  person  other  than  one  of  said  Cdm- 
missioners  who  shall  make  such  demand  shall  produce 
his  authority  to  make  such  inspection  under  the  hi  nd 
of  the  commission  or  its  secretary,  and  under  the  seal 
of  said  commission. 

Production  of  books  and  papers  compelled — Penalty  for 
refusal.  §  28  (continued),  (d)  The  commission  may  reqi ire 
by  order  or  subpoena,  to  be  served  upon  any  common 
carrier  in  the  same  manner  that  a  subpoena  is  served  in 
a  law  action  in  the  Circuit  Court,  the  production  within 
this  State,  at  such  time  and  place  as  it  may  designate, 
E'ny  books,  papers  or  accounts  relating  to  any  matter 
which     is    the     subject    of    complaint    or    investigation 


Public  Servick  Laws 


717 


kept  by  such  railroad  in  any  office  or  place  witliout  the 
Slate  of  Michigan,  or  verified  copies  in  lieu  thereof,  if 
the  commission  shall  so  order,  in  order  that  an  exam- 
Iration  thereof  shall  be  made  by  the  commission  or 
under  its  direction,  and  such  subpoena  may  issue  to 
any  sheriff  in  any  county  of  the  State.  Any  common 
carrier  failing  or  refusing  to  comply  with  such  order  or 
subpoena  within  a  reasonable  time  shall  for  each  day 
It  shall  so  fail  or  refuse,  forfeit  and  pay  into  the  State 
treasury  a  sum  of  not  less  than  $100  nor  more  than 
^1,000,  to  be  recovered  in  an  action  at  law  brought  in 
Uf  name  of  the   Michigan  Railroad   Commission. 

Carrier  to  furnish  copies  of  all  transportation  contracts. 
§  29.  (a)  Every  common  carrier  whenever  required  by  the 
commission  shall,  within  a  time  to  be  fixed  by  the  com- 
mission, deliver  to  the  commission  for  its  use,  copies 
of  all  contracts  which  relate  to  the  transportation  of 
lorsons  or  property  or  any  service  in  connection  there- 
with, made  or  entered  into  by  it  with  any  other  com- 
rion  carrier  or  any  shipper  or  shippers,  producers  or 
consumers  or  other  person  or  persons  doing  business 
with   it. 

Carrier  to  furnish  list  of  all  free  transportation.  §  29 
(continued),  (b)  Every  common  carrier  shall,  on  or  before 
the  first  day  of  February,  1910,  and  annually  thereafter  and 
clterrer  if  required  by  the  commission,  file  with  the 
commission  a  verified  list  of  all  free  tickets,  free  passes 
find  free  transportation  issued  or  given  by  it  during  the 
year  ending  the  thirty-first  day  of  December  preceding, 
together  with  the  full  names  and  addresses  of  recipi- 
ents thereof  and  the  reason  for  issuing  the  same:  Pro- 
vided. That  this  section  shall  not  be  deemed  to  require 
the  filing  of  a  list  of  such  free  tickets,  free  passes  and 
free  transportation  issued  or  given  by  such  common 
carrier  to  its  employes  or  their  families,  its  officers, 
agents,  surgeons,  physicians  or  attorneys-at-law  and 
members  of  their  families,  or  the  officers,  agents, 
attorneys  and  employes  of  other  common  carriers  and 
tneir  families,  except  such  list  be  specially  ordered  by 
the  commission. 

Carrier  to  make  full  statement  October  1  of  each,  year. 
§  30.  Every  common  carrier  incorporated  or  doing  business 
iij  this  State,  or  which  shall  hereafter  become  incor- 
I.orated  or  do  business  in  this  State,  shall  on  or  before 
the  first  day  of  October,  1909,  and  on  or  before  the  same 
day  in  each  year  thereafter  make  and  transmit  to  the 
commission  at  its  office  in  Lansing  a  full  and  true  state- 
ment, under  oath  of  the  proper  official  of  such  corpora- 
tion, of  the  affairs  of  such  corporation  relative  to  the 
State  of  Michigan  for  the  year  ending  the  thirtieth  day  of 
June  preceding,  which  statement  for  the  State  of 
Michigan  shall  be  similar  in  character  and  detail  to  the 
annual  report,  if  any,  required  to  be  made  by  such 
carriers  to  the  Interstate  Commerce  Commission.  The 
said  commission  shall  cause  to  be  made  suitable  blanks 
at  the  expense  of  the  State,  and  forward  the  same  to 
such  common  carrier,  upon  which  to  make  reports  re- 
quired by  this  Act.  The  said  railroad  commission  may 
Make  and  propound  to  such  common  carrier  subject  to 
the  provisions  of  this  Act,  any  other  or  additional  inter- 
rogatories relating  to  the  management  of  such  corpora- 
tion and  to  the  condition  of  its  respective  road  and  roll- 
ing stock  and  such  other  subjects  as  in  its  judgment 
n-ay  be  necessary  in  order  to  gain  full  information  in 
regard  thereto.  Every  common  carrier  doing  business 
in  this  State  shall,  when  so  ordered  by  the  commission, 
report  to  the  railroad  commission  its  earnings  from  every 
source  for  the  period  designated  in  such  order,  and  the 
proper  blanks  for  that  purpose  shall  be  furnished  by  the 
commission. 

Freight  trains  in  interstate  traffic  to  he  filed.  §  31.  Any 
freight  tariffs  issued  by  common  carriers  relating  to 
interstate  traffic  in  this  State  or  by  any  common  car- 
rier relating  either  to  interstate  or  to  intrastate  traffic 
v/hoUy  by  water  routes  In  this  State  shall  be  on  order  of 
the  commission  filed  in  the  offices  of  the  commission 
within  such  time  as  such  order  shall  prescribe. 

Commission  may  order  change  of  regulation  or  practice. 
I  32.  Whenever,  after  hearing  and  investigation  as  pro- 
vided in  this  Act,  the  commission  shall  find  that  any 
charge,  regulation  or  practice  affecting  the  transpor- 
tation of  passengers  or  property,  or  any  service  in 
connection    therewith    not    herein    specifically    designated, 


is  unreasonable  or  unjustly  discriminatory,  it  shall 
have  the  power  to  regulate  the  same  as  provided  in  §  22 
of   this   Act. 

Accidents  to  he  reported  and  investigated.  §  33.  Every 
common  carrier  shall,  whenever  an  accident  occurs 
within  this  State  upon  its  line  or  road  or  on  its  depot 
grounds  or  yards,  give  such  notice  thereof  and  make 
such  report  thereof  to  the  commission  as  the  regula- 
tions of  the  commission  shall  require.  In  the  event  of 
any  accident  the  commission,  if  it  deem  the  public  in- 
terests require  it,  shall  cause  an  investigation  to  be 
niade  forthwith,  which  investigation  shall  be  held  within 
the  locality  of  the  accident,  unless  for  greater  conven- 
ience of  those  concerned  it  shall  order  the  investigation 
to  be  held  at  some  other  place,  and  said  investigation 
may  be  adjourned  from  place  to  place,  as  may  be  found 
necessary  and  convenient.  The  commission  shall  sea- 
sonably notify  an  officer '  of  the  company  of  the  time 
and  place  of  the  investigation.  The  cost  of  such  investiga- 
tion shall  be  certified  by  the  chairman  of  the  commis- 
sion, and  the  same  shall  be  audited  and  paid  by  the 
State  in  the  same  manner  as  other  expenses  are  audited 
and  paid,  and  record  or  file  of  said  proceedings  and 
evidence   shall   be   kept   by   said   commission. 

Equipment  to  he  investigated  hy  commission — Speed  of 
trains  over  defective  track  lessened  or  running  prohibited — 
Expert  may  he  employed  and  reconstruction  ordered.  §  34. 
Whenever  the  commission  shall  have  reasonable  grounds 
to  believe,  either  on  complaint  or  otherwise,  that  any 
of  the  equipment,  cars,  tracks,  bridges  or  other  struc- 
tures of  any  common  carrier  of  this  State  are  in  a 
condition  which  renders  any  of  them  dangerous  or  unfit 
for  the  transportation  of  passengers  with  reasonable 
safety,  or  unreasonably  endangering  the  employes  of 
such  carrier,  it  shall  be  its  duty  to  inspect  and  examine, 
or  cause  to  be  inspected,  examined  and  tested  by  some 
competent  person  or  persons,  and  for  that  purpose  it, 
the  said  commission,  may  employ  some  other  person 
possessing  especial  knowledge  and  skill  in  the  construc- 
tion of  railroads  and  bridges,  as  an  expert,  and  it,  on 
such  examination,  in  its  opinion  any  such  equipment, 
cars,  tracks,  bridges  or  other  structures  be  dangerous 
or  unfit  for  the  transportation  of  passengers  with  rea- 
srinable  safety,  or  unreasonably  endanger  the  employes 
of  such  carrier,  it  shall  be  its  duty  to  give  the  superin- 
tendent or  other  executive  officer  of  the  corporation, 
working  or  operating  said  defective,  dangerous  or  unfit 
equipment,  car,  track  or  bridge  or  other  structure, 
notice  of  the  condition  thereof,  and  of  the  repairs  or 
changes  necessary  to  place  the  same  in  a  reasonably 
safe  condition,  and  of  the  time  within  which  such  re- 
pairs or  changes  shall  be  made.  It  may  also  order 
and  direct  the  rate  of  speed  of  passing  trains  or 
cars  over  such  dangerous  or  defective  track,  bridge  or 
ether  structure,  until  the  said  repairs  shall  be  made. 
If  any  superintendent  or  other  executive  officer  afore- 
said, receiving  such  notice  or  order  to  direct  the  proper 
subordinate  officers  of  said  corporation  to  run  the  pas- 
senger trains  or  cars  over  such  defective  track,  bridge 
or  other  structure,  at  the  speed  so  prescribed  by  the 
commission,  or  if  any  engineer,  conductor  or  other  em- 
ploye of  such  company  shall  knowingly  disobey  such 
order,  every  such  superintendent,  "  officer,  conductor  or 
employe  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  as  provided 
in  §  43  of  this  Act.  The  said  commission  shall  have 
power  to  wholly  prohibit  the  running  of  passenger 
trains  or  cars  over  such  defective,  dangerous  or  unfit 
track,  bridge  or  other  structure,  or  the  use  of  such 
dangerous,  unfit  or  defective  equipment  or  car,  if  said 
company  shall  neglect  or  without  reasonable  cause 
fail  to  make  such  repairs  within  the  time  prescribed  by 
the  commission;  and  such  company,  for  each  and  every 
day  that  ensues  thereafter,  and  until  such  •  changes  or 
repairs  are  made,  shall  forfeit  and  pay  to  the  State 
the  sum  of  $100.  In  case  of  the  employment  of  an 
expert  as  provided  for  in  this  section,  the  commission 
shall  issue  a  certificate,  which  shall  set  forth  the 
amount  of  time  said  expert  has  been  employed,  and  the 
pay  he  is  to  receive  therefor,  which  certificate  shall 
entitle  the  holder  thereof  to  receive  the  amount  men- 
tioned therein  in  the  same  manner  as  other  employes  of 
the  State  are  paid. 


,   718 


National  Association  of  Railway  Commissioners 


Flagman  and  electric  iells  may  te  required  at  crossing. 
§  35.  Whenever,  In  the  opinion  o£  *he  Michigan  Railroad 
Commission,  the  safety  of  *he  public  reasonably  de- 
mands the  stationiD?  of  ^  flagman  to  signal  trains  or  cars 
where  a  highway  ,r  street  is  crossed  by  any  railroad 
or  street  railway,  or  where  one  railroad  or  street  rail- 
v-ay  crosses  or  intersects  another  railroad  or  street 
railway,  or  the  building  of  a  gate  at  such  highway, 
street  or  railroad  crossing  or  intersection,  or  street 
lailway  crossing,  or  the  erection  and  maintenance  of 
kn  electric  alarm  bell  thereat,  it  shall  direct  the  corpo- 
ration or  corporations  owning  or  operating  any  such 
railroad,  railroads,  or  street  railway  or  street  railways, 
to  station  a  flagman  or  to  erect  and  maintain  a  gate 
or  electric  alarm  bell  at  such  crossing  as  the  public 
F.afety  may  demand,  and  said  commission  shall  have 
jurisdiction  over  the  subject  matter  of  this  section  to 
the  exclusion  of  all  other  boards  or  offlcers.  State  or 
municipal,  and  in  case  such  flagman  is  directed  to  be 
stationed,  or  gate  directed  to  be  erected,  or  alarm  to  be 
Installed  and  maintained  where  one  such  railroad  crosses 
or  intersects  another,  the  expense  thereof  shall  be 
borne  jointly,  in  just  proportions  as  determined  by  the 
railroad  commission,  by  the  companies  owning  or  con- 
trolling each  of  said  railroads  or  electric  railways.  If 
such  flagman  shall  neglect  to  display  his  flag  or  per- 
form such  other  duties  as  may  be  required  of  him  by 
said  commission,  he  shall,  for  every  such  neglect,  be 
liable  to  a  fine  of  $25,  and  shall  also  be  liable  for  all 
damages  sustained  by  any  person  by  reason  of  such 
neglect,  to  be  recovered  in  an  action  of  tort:  Pro- 
vided, The  corporation  owning  or  operating  any  such 
railroad  shall  not  be  released  from  liability  therefor, 
but  shall  be  subject  to  the  same  liability  at  the  option 
of  the   aggrieved   party. 

Protection  for  crossings.  §  36.  Authority  is  hereby 
given  to  the  said  commission,  and  it  shall  be  its  duty, 
if  it  shall  deem  it  advisable,  to  prescribe  the  use  of 
such  modern  generally  approved  system  of  protection 
for  the  safe  operation  of  trains  or  cars  at  all  crossings 
and  junctions  of  railroads  in  this  State,  and  at  all 
crossings  of  drawbridges,  upon  which  trains  or  cars 
are  operated  by  steam,  electricity  or  other  power,  such 
as  will  secure  safety  in  the  operation  of  trains  or  cars 
at  such  crossings,  junctions  and  drawbridges,  and  to 
apportion  the  cost  of  construction,  operation  and  main- 
tenance of  such  system  of  protection  among  the  sev- 
eral companies  in  such  proportion  as  to  the  commission 
shall  seem  just.  The  commission,  having  determined 
Sbch  form  of  protection,  shall  immediately  cause  a 
description  thereof  over  its  offlciai  signature  to  be 
delivered  to  an  officer  of  the  railroad  affected  thereby, 
with  notice  that  the  same  must  be  adopted  and  put 
into  practical  force  within  a  reasonable  time  to  be 
fixed   by   the   commission. 

Orders  as  to  crossings  to  be  made  only  after  notice  and 
hearing.  §  37.  No  order  of  the  commission,  made  in  pur- 
suance of  the  provisions  of  §§  35  and  36  shall  be  made 
except  upon  examination,  at  which  representatives  of 
the  common  carriers  affected  shall  be  entitled  to  be 
heard,   after  notice. 

Penalty  for  wilful  violation  of  order  as  to  crossings. 
§  38.  Any  common  carrier  that  shall  wilfully  neglect  or 
refuse  to  obey  or  conform  to  any  order  of  the  commis- 
sion made  pursuant  to  either  of  §  35  or  §  36  shall  be 
liable  to  a  penalty  in  the  sum  of  $500,  and  to  a  like 
penalty  for  every  week  thereafter  until  such  order  shall 
have  been  complied  with:  Provided,  That  in  cases  in 
'.vhich  an  application  for  rehearing  shall  be  made,  or 
an  action  in  court  shall  be  begun  and  prosecuted  in 
good  faith  and  with  diligence,  the  liability  for  the  con- 
tinuing penalty  herein  prescribed  shall  not  apply  or 
begin  until  after  the  decision  of  the  commission  or 
rehearing  of  the  final  order  of  the  courts  in  such  action. 

Railroad  fences.  §  39.  The  railroad  commission  shall 
have  power,  and  it  shall  be  its  duty,  if  it  shall  deem  it 
practicable,  in  all  cases  to  inspect  and  determine  the 
sufficiency  of  all  fences  required  by  law  to  be  con 
Btructed  and  maintained  by  railroad  companies,  and  it 
may  prescribe  the  manner  of  constructing  and  the  time 
within   which   it  shall  be   done. 

Carrier  must  issue  bill  of  lading — Liability  for  neg- 
ligence cannot  be  lim,ited.     §  40.     Whenever  any  property 


is  received  by  any  common  carrier  subject  to  the  pro- 
visions of  this  Act  to  be  transported  from  one  place  to 
another  in  the  State,  it  shall  upon  demand  by  the 
Bhipger  issue  a  receipt  or  bill  of  lading  therefor,  nam- 
ing therein  the  classification  of  such  freight  and  the 
rate  of  freight  at  which  the  same  is  to  be  carried; 
end  no  common  carrier  shall  limit  or  change  its  com- 
mon law  liability  by  contract  or  otherwise  as  to  its 
lesponsibility  for  the  negligent  act  of  its  agents  and 
servants  with  reference  to  property  in  its  custody  as  a 
common  carrier:  Provided,  That  nothing  herein  con- 
tained shall  be  so'  construed  as  to  abridge  or  in  any- 
wise lessen  the  liability  of  any  such  common  carrier 
as  It  now  Is  under  existing  laws.  All  statements  ren- 
dered for  transportation  charges  shall  show  character  of 
shipments,  weight,  rate  and  total  charges  before  demand- 
ing payment. 

Commission  to  inquire  into  any  violation  of  law  by  car- 
rier and  prosecute  suits  through  the  attorney-general.  §  41. 
This  commission  shall  inquire  into  any  neglect  or  vio- 
lation of  the  laws  of  this  State  by  any  such  common 
carrier  hereinbefore  defined  doing  business  then-in, 
or  by  its  offlcers,  agents  or  employes  thereof,  and  shall 
have  the  power  and  it  shall  be  its  duty  to. enforce  the 
provisions  of  this  Act  as  well  as  all  other  laws  relating 
to  common  carriers  and  report  all  violations  thereol 
to  the  attorney-general.  Upon  request  of  the  com- 
mission  it  shall  be  the  duty  of  the  attorney-general,  or 
the  prosecuting  attorney  of  the  proper  county,  to  aid 
in  any  investigation,  prosecution,  hearing  or  trial  had 
under  the  provisions  of  this  Act,  and  to  institute  i  nd 
prosecute  all  necessary  actions  or  proceedings  for  he 
fnforcement  of  this  Act  and  of  all  other  laws  of  fiis 
State  relating  to  common  carriers,  and  for  the  punish- 
ment of  all  violations  thereof.  Any  forfeiture  and  pen- 
alty herein  provided  shall  be  paid  to  the  State  treasu  er 
and  shall  be  recovered  and  suit  therefor  shall  be  brou  ;ht 
in  the  name  of  the  State  of  Michigan  in  the  Circ  ait 
Court  of  any  county  having  jurisdiction  of  the  defe  id- 
ants.  The  attorney-general  of  Michigan,  or  any  pre  se- 
cuting  attorney  selected  by  the  said  commission  in  i  ny 
county  where  such  action  is  pending,  shall  be  he 
counsel  in  any  proceeding,  investigation,  hearing, 
(rial   prosecuted  or  defended  by  the  commission.         i 

Claims  against  carriers.  §  42.  All  claims  against  i  n_ 
common  carrier  for  loss  or  damage  to  property  from  <  ny 
cause,  or  for  any  overcharge  upon  any  shipments,  or  or 
any  other  service,  if  not  acted  upon  within  90  days  fr  ina 
the  date  of  filing  of  such  claim  with  the  common  c  ir- 
rier  may  be  investigated  by  the  commission  in  its  <  is- 
cretion,  and  the  result  of  such  investigation  may  be  <  m- 
bodied  in  a  special  report  and  the  next  annual  report  of 
the   commission. 

General,  penalty  section — Fine  not  over  $500  or  impris  in- 
ment  not  over  three  months.  §  43.  Any  common  can  ier 
subject  to  the  operation  of  this  Act,  or  whenever  si  ch 
common  carrier  is  a  corporation,  any  director  or  offl  er 
thereof,  or  any  receiver,  trustee,  lessee,  agent  or  pen  on 
employed  by  such  corporation,  who  alone  or  with  { ny 
other  corporation,  company,  person  or  party,  shall  '.-ll- 
fully  do  or  cause  to  be  done,  or  shall  wilfully  suK'er 
or  permit  to  be  done  any  act,  matter  or  thing  in 
this  Act  prohibited  or  declared  to  be  unlawful,  or 
who  shall  aid  or  abet  therein,  or  who  shall  wlllfi  lly 
omit  or  fail  to  do  any  act,  matter  or  thing  in  this  .vet 
required  to  be  done,  or  shall  cause  or  wilfully  suiter 
or  permit  any  act,  matter  or  thing  so  directed  or  re- 
quired by  this  Act  to  be  done,  not  to  be  so  done,  or 
shall  do  or  abet  any  such  omission  or  failure,  or  si  all 
be  guilty  of  any  infraction  of  this  Act,  or  shall  aid  or 
abet  therein,  or  who  shall  wilfully  disobey  or  kn  )w- 
ingly  fail  or  neglect  to  obey  any  lawful  order  made 
under  the  provisions  of  this  Act  by  the  Michigan  Railniad 
Commission,  or  shall  aid  and  abet  any  such  disobedience 
or  omission  or  failure,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  upon  conviction  thereof  in  any 
court  having  jurisdiction  of  misdemeanors,  if  a  penf  Ity 
for  such  offense  be  not  elsewhere  provided  in  this  Act, 
be  subject  to  a  fine  of  not  to  exceed  $500  for  each 
offense,  in  the  discretion  of  the  court,  or  if  the  con- 
victed party  be  a  natural  person,  he  shall  be  liable  to 
be   punished  by   imprisonment  in    the   county  jail   for   a 


I 


Public  Seuvice  Laws 


719 


period    of    not    to    exceed    three    months,    or    both    such 
fine  and  imprisonment  in  the  discretion  of  the   court. 

Police  powers  of  the  State  vested  in  the  commission. 
§  44.  The  police  powers  of  the  State  over  railroads,  street 
railways,  interurban  railways  and  suburban  street  rail- 
ways, whether  operated  by  steam,  electricity  or  other 
motive  power,  organized  or  doing  business  in  this  State, 
shall  be  and  the  same  are  hereby  vested  in  the  railroad 
commission,  and  it  is  hereby  made  the  duty  of  said 
railroad  commission  to  exercise  the  same  in  accordance 
with  the  requirements  of  the  law. 

Substantial  compliance  sufflcicnt.  §  45.  A  substantial 
compliance  with  the  requirements  of  this  Act  shall  be 
sufficient  to  give  effect  to  all  rules,  Acts  and  regula- 
tions of  the  commission,  and  they  shall  not  be  declared 
inoperative,  illegal  or  void  for  any  omission  of  a 
technical  nature  in  respect  thereto. 

Remedies  cumulative — Rights  of  action  not  released. 
§46.  This  Act  shall  not  have  the  eifect  to  release  or  waive 
any  right  of  action  by  the  State  or  by  any  person  for 
any  right,  damage,  penalty  or  forfeiture  which  may 
have  arisen  or  which  may  hereafter  arise  under  any 
law  of  this  State,  and  all  penalties  and  forfeitures 
accruing  under  this  Act  shall  be  cumulative,  and  a 
suit  for  and  recovery  of  one  shall  not  be  a  bar  to  the 
recovery    of   any   other   penalty   or   damage. 

Mandamus — Injunction  and  other  civil  remedies.  §  47. 
In  addition  to  all  the  other  remedies  provided  by  this 
Act  for  the  prevention  and  punishment  of  any  and  all 
violations  of  the  provisions  hereof  and  of  all  orders  of 
the  commission,  the  commission,  and  likewise  any  person, 
firm  or  corporation  interested,  may  compel  compliance 
with  the  provisions  of  this  Act  and  with  the  orders 
of  the  commission  by  proceedings  in  mandamus,  injunc- 
tion or  by  other  appropriate  civil   remedies. 

Record  of  findings — Recommendations.  §  48.  The  com- 
mission shall  keep  a  record  of  all  its  findings,  deci- 
sions, determinations  and  investigations  under  this  Act 
or  under  any  other  Act  prescribing  its  duties  and 
powers,  and  shall,  on  .January  1  of  each  year,  render 
to  the  governor  a  full  and  complete  report  of  all  such 
findings,  decisions,  determinations  and  investigations, 
together  with  a  statement  of  all  moneys  expended  by 
it  or  on  its  order,  and  of  all  salaries  paid  by  or  to  it. 
It  shall  include  in  such  report  such  recommendations  as 
it  shall  desire  to  make  on  the  conduct  of  railroad  busi- 
ness in  the  State  of  Michigan,  and  such  portion  or 
abridgment  of  the  reports  of  the  various  railroad  cor- 
porations made  to  it  as  it  shall  deem  to  be  of  interest 
to  the  general  public.  Not  more  than  1,500  copies  of 
this  report  shall  be  published,  except  by  special  authority 
of  the  board  of  State  auditors. 

Powers  of  commissioner  of  railroads,  crossing  'board, 
etc.,  transferred  to  railroad  commission.  §  49.  All  powers, 
duties  and  privileges  imposed  and  conferred  under 
existing  laws  upon  the  commissioner  of  railroads,  the 
railroad  and  street  crossing  board,  the  crossing  board 
f  s  defined  by  §  6232  of  the  compiled  laws  of  1897, 
and  the  board  of  railway  consolidations  as  defined  by 
§  6255  of  the  compiled  laws  of  1897,  and  upon  the 
Michigan  Railroad  Commission  under  existing  laws  are 
hereby  imposed  and  conferred  upon  the  commission 
created  under  the  provisions  of  this  Act;  and  wher 
ever  in  said  Acts  or  either  of  them  the  commissioner 
of  railroads,  the  railroad  and  street  crossing  board,  tie 
crossing  board,  and  the  board  of  railway  consolidations, 
the  Michigan  Railroad  Commission,  or  either  of  said 
officials  or  boards,  are  named,  the  same  shall  be  con- 
strued to  mean  and  apply  to  and  name  the  Michigan 
Railroad  Commission  created  by  this  Act:  Provided, 
That  the  powers  and  duties  conferred  upon  the  Michi- 
gan Railroad  Commission  by  Act  312  of  the  public  Acts 
of  1907,  shall  continue  to  be  exercised  by  that  com- 
mission until  the  commission  provided  in  §  1  of  this 
Act  has  qualified  and  organized:  Provided  further. 
That  all  hearings,  investigations  and  complaints  pend- 
ing upon  the  organization  of  the  commission  provided 
for  in  §  1  of  this  Act  which  shall  have  been  begun 
by  or  before  the  commission  organized  under  Act  312 
of  the  public  Acts  of  1907,  may  be  continued  and  orders 
issued  therein  in  all  respects  the  same  as  if  the  com- 
plaints presented,  investigations  made  and  hearings  held 


by  the  commission  operating  under  Act  312  of  1907,  had 
been  presented  to,  made  by  and  held  by  the  commission 
created  under  §  1  of  this  Act.  All  tariffs  and  schedules 
now  on  file  with  the  Michigan  Railroad  Commission 
created  by  said  Act  312  shall  be  of  the  same  effect  as  if 
filed  with  the  commission  created  by  this  Act. 

Necessary  changes  in  the  law  to  be  recommended  by  the 
commission.  §  50.  The  commission  shall  conduct  a  hear- 
ing and  take  testimony  as  to  the  advisability  of  any 
proposed  change  of  law  relative  to  any  matter  within 
its  jurisdiction  if  requested  to  do  so  by  the  legislature, 
by  the  senate  or  house  committee  on  railroads,  or  by 
the  governor,  and  shall  report  its  conclusions  to  the 
officer  or  body  at  whose  request  the  hearing  was  held. 
The  commission  may  also  recommend  the  enactment  of 
such  legislation,  with  respect  to  any  matter  within  its 
jurisdiction,  as  it  deems  wise  or  necessary  in  the  public 
interest,  and  may  draft  or  cause  to  be  drafted  such 
bills  or  Acts  as  it  may  deem  necessary  or  proper  to 
enact   into   law   the   legislation   recommended    by   it. 

Sections  to  be  construed  independent  of  each  other.  §  51. 
Each  section  of  this  Act  and  evei-j-  part  of  each  section 
is  hereby  declared  to  be  an  independent  section  and  part 
of  a  section,  and  the  holding  of  any  section  or  part 
tliereof  to  be  void  and  ineffective  for  any  cause  shall 
not  be  deemed  to  affect  any  other  section  or  any  part 
thereof. 

Repeal.  §  52.  Act  number  79  of  the  session  laws 
of  1873,  entitled  "An.  Act  to  prov>ide  for  the  appoint- 
ment of  a  commissioner  of  railroads,  and  to  define 
his  powers,  duties  and  fix  his  compensation,"  as  amended, 
said  Act  being  compiler's  §  5206  to  §  5234,  inclusive,  of 
the  compiled  laws  of  1897;  Act  number  189  of  the 
public  Acts  of  1903,  entitled  "An  Act  to  provide  for 
the  exercise  of  the  police  power  of  the  State  over  the 
affairs  and  business  of  corporations  or  persons  engaged 
in  urban,  suburban  and  interurban  railway  transporta- 
tion by  the  commissioner  of  railroads,  and  to  define 
the  power  and  duties  of  said  commissioner  of  railroads, 
with  reference  thereto,"  as  amended;  Act  number  64  of 
the  ,  public  Acts  of  1875,  entitled  "An  Act  to  require 
railroad  companies  to  notify  the  commissioner  of  rail- 
roads and  coroners  of  accidents  occurring  on  their 
roads,  and  the  investigations  of  the  same,"  as  amended, 
being  compiler's  §  §  5241  and  5242  of  the  compiled 
laws  of  1897;  §13  of  Act  number  44  of  the  public  Acts 
of  1899,  relative  to  publication  and  distribution  of  re- 
ports of  State  officers,  boards,  etc.,  as  amended;  Act 
number  312  of  the  public  Acts  of  1907,  entitled  "An 
Act  to  regulate  railroads  and  the  transportation  of 
persons  and  property  in  this  State,  prevent  the  impo- 
sition of  unreasonable  rates,  prevent  unjust  discrimina- 
tion. Insure  adequate  service,  create  the  Michigan  Rail- 
road Commission,  define  the  powers  and  duties  thereof, 
and  to  prescribe  penalties  for  violations  hereof,"  and 
all  other  Acts  and  parts  of  Acts  In  any  way  contra- 
vening the  provisions  of  this  Act  are  hereby  repealed. 

TAXATION    OF    SHAKES    OF   STOCK. 

[P.  A.  95  of  1911.] 
The  people  of  the  State  of  Michigan  enact: 

Railroads,  stock,  etc.,  of,  specific  tax  upon — Rate  3  per 
cent  of  par  value.  §  1.  For  the  year  1912  and  for  each 
year  thereafter,  a  specific  State  tax  shall  be  levied  upon 
all  of  the  shares  of  stock  Issued  and  outstanding  of, 
and  upon  the  indebtedness  whether  represented  by 
bonds  or  other  securities  issued,  or  by  unpaid  interest 
coupons  or  otherwise,  secured  by  a  mortgage  or  trust 
deed  or  otherwise  upon  the  railroad  or  property  or  any 
part  thereof,  or  being  a  t)ermanent  indebtedness,  owing 
by,  all  railroad  or  railway  companies  now  or  hereafter 
existing  or  doing  business  in  Michigan  under,  or  pos- 
sessing or  exercising  any  special  charter  or  any  rights, 
privileges  or  franchises  under,  any  special  charter  which 
said  tax  shall  be  upon  the  interest  or  property  therein 
of  the  holder  or  owner  thereof,  or  the  person  or  cor- 
poration to  whom  the  same  shall  be  owing  and  the  said 
tax  shall  be  as  follows:  The  shares  of  stock  shall  be 
subject  to  an  annual  tax  at  the  rate  of  2  per  cent 
upon  the  par  value  thereof,  and  the  indebtedness, 
whether  represented  by  bonds,  past  due  interest  coupons 
or  otherwise,   shall  be   subject  to  an  annual   tax   at  the 


720 


National  Association  or  Kailway  Commissioners 


rate  of  1  per  cent  upon  the  face  value  or  amount 
thereof. 

Annual  report — Stock  held  ty  trustee.  §  2.  Every  such 
railroad  or  railway   corporation  shall,   on  or   hefore   May 

1  in  each  year,  make  and  file  with  the  auditor-general 
a  report,  which  shall  set  forth  in  detail  the  number 
of  shares  of  its  capital  stock  issued,  the  aggregate 
amount  thereof,  the  names  of  the  individual  holders 
or  owners,  with  the  amount  thereof  held  by  each,  to- 
gether with  the  residence  or  place  of  business  of  each; 
the  amount  of  its  bonded  indebtedness,  together  with 
the  names  of  the  persons  or  corporations  holding  or 
owning  the  same,  and  the  amount  thereof  held  or  owned 
by  each,  with  their  residences  or  places  of  business; 
the  amount  of  its  other  indebtedness  secured  by 
mortgage  or  otherwise  upon  its  road  or  property,  the 
names  of  the  persons  or  corporations  to  whom  owing, 
the  amount  thereof  owing  or  belonging  to  or  held  by 
each  with  their  residences  or  places  of  business;  the 
amount  of  all  other  permanent  indebtedness,  together 
with  the  names  of  the  persons  or  corporations  to  whom 
owing,  the  amount  owing  or  belonging  to  or  held  by 
each  with  their  residences  or  places  of  business.  In 
any  case  where  the  said  stock,  bonds,  securities  or 
other  indebtedness  are  held  by  a  trustee  or  trustees,  or 
by  any  other  person  or  corporation  for  the  owners 
thereof,  and  the  said  railroad  or  railway  company  shall 
not  have  the  name  or  names  and  residences  or  places 
of  business  of  the  individual  owner  or  owners  thereof. 
It  shall  reix)rt  the  names  and  residences  or  places  of 
business  of  said  trustee  or  trustees  or  any  other  person 
holding  the  same  for  the  owners  thereof  for  any  purpose, 
as  the  holders  thereof,  and  in  such  case  the  auditor- 
general  may,  upon  computation  of  the  tax,  assess  it 
against  such  trustee  or  trustees.  Such  report  shall  be 
verified  by  the  secretary  and  treasurer  of  the  corpora- 
tion. If  any  such  corporation  shall  fail,  neglect  or 
refuse  to  make  the  said  report  within  the  time  limited. 
It  shall  be  subjected  to  the  forfeiture  of  all  its  special 
rights  and  privileges  in  addition  to  a  penalty  of  $100 
per  day  during  the  period  of  such  refusal  or  neglect,  to 
be  recovered  in  any  court  of  competent  jurisdiction  in 
an  action  in  the  name  of  the  people,  and  the  right  to 
bring  repeated  actions  for  the  recovery  of  penalties  is 
hereby   given. 

Tax,  computing  of.  §  3.  Upon  the  coming  in  of  said  re- 
ports and  within  30  days  thereafter,  the  auditor-general 
shall  compute  at  the  rates  herein  fixed  the  taxes  upon 
such  stock,  bonds,  securities  or  indebtedness  as  the 
case  may  be,  and  shall  enter  the  same  upon  his  ledger 
as  a  charge  and  assessment  against  each  of  the  several 
holders  or  owners  of  such  stock,  bonds,  securities  or 
Indebtedness,  and  shall  thereupon  notify  each  of  said 
corporations  of  the  amount  thus  assessed'  and  charged 
on  account  of  the  stock  in,  or  bonds,  securities  or  in- 
debtedness issued  or  owing  by  such  corporation,  together 
with  a  detailed  statement  of  the  names  of  the  persons 
or  corporations  against  whose  stock,  bonds,  security  or 
credit  the  said  assessment  and  charges  are  made;  he 
shall  also  forthwith  notify  each  of  such  holders  or 
owners  of  any  such  stock,  bonds,  securities  or  indebted- 
ness of  the  amount  assessed  against  him  or  it,  by 
registered  mail. 

When  payahle.  §  4.  Said  tax  shall  be  payable  to  th« 
State  treasurer  on  or  before  June  30  in  the  year  in 
which  assessed,  and  if  not  paid  shall  bear  interest  from 
July   15   in   the   year   in   which    payable   at   the   rate    of 

2  per  cent  per  month. 

Dividends,  etc.,  tax  deducted  from — Lien  upon  road.  §  5. 
It  shall  be  the  duty  of  every  such  corporation  to  deduct  the 
amount  of  said  tax  from  any  dividend  or  Interest  or  prin- 
cipal which  shall  be  by  it  payable  or  about  to  be  paid,  to 
the  holders  or  owners  of  any  such  shares,  bonds,  se- 
curities or  indebtedness,  and  in  the  event  of  its  refusal 
or  neglect  to  do  so,  the  said  corporation  shall  be  liable 
for  the  amount  thereof  and  all  penalties  for  non-pay- 
ment; and  the  amount  thereof  shall,  in  the  event  of 
such  refusal  or  neglect  from  May  1  in  the  year  in 
which  assessed,  be  a  lien  upon  all  of  its  road  and 
property,  taking  precedence  of  the  lien  upon  or  interest 
In  the  railroad  or  other  property  on  account  of  which 
the   tax   was   levied,   and   of   all   claims   or   rights   in   or 


to  said  railroad  property  arising  subsequent  to  the  time 
said  tax  becomes  a  lien. 

Tax  and  interest,  when  to  become  a  lien.  §  6.  The  said 
tax  and  interest  thereon  shall,  from  May  1  in  each 
year,  be  a  lien  upon  the  shares,  bonds,  securities  or 
indebtedness  on  account  of  which  the  same  is  assessed 
and  charged,  and  shall  take  precedence  of  all  liens 
thereupon  or  claims  thereto  and  assignments  or  trans- 
fers thereof,  and  the  tax  may  be  recovered  either 
through  a  proceeding  to  enforce  such  lien  or  by  an 
action  at  law. 

Refusal  to  make  report — Auditor  may  examine  books — 
Enforcement  of  lien.  §  7.  In  case  any  such  railroad  or 
railway  corporation  shall  refuse  or  neglect  to  make  such 
report  within  the  time  limited,  the  auditor-general  shall 
nevertheless  make  such  computation  of  the  tax  against  the 
holders  or  owners  of  such  bonds,  securities  or  in- 
debtedness, if  he  can  procure  data  therefor  satisfactory 
to  himself.  If  he  be  unable  to  otherwise  procure  sulfi- 
cient  data  therefor,  he  may  cause  an  examination  to 
be  made  of  the  books  and  records  of  such  corporatl(m 
for  the  purpose  of  procuring  the  necessary  information, 
and  shall  be  entitled  to  the  possession  of  the  same 
for  a  reasonable  time  for  such  purpose;  and  all  ccr- 
porations  now  or  hereafter  subject  to  the  provisions  sf 
this  Act  shall  be  required  to  keep  or  to  produce  their 
corporate  books  in  this  State  for  the  purpose  of  su(h 
inspection;  the  penalty  of  a  refusal  thereof  to  result 
ipso  facto  in  a  forfeiture  of  any  special  charter  ai.d 
all  rights,  privileges  and  franchises  thereunder;  in  case 
the  auditor-general  be  unable  to  procure  such  informv 
tlon  as  is  required  herein  as  is  satisfactory  to  himself 
for  the  purpose  of  fixing  said  tax  and  the  persoi.s 
against  whom  the  same  shall  be  charged  and  the  sa  d 
corporation  refuses  to  furnish  the  same  or  to  permit 
access  to  its  books  for  that  purpose,  or  in  case  tl  e 
books  upon  inspection  fail  to  furnish  the  informatio  i, 
then  he  shall,  upon  the  best  information  obtainabls, 
enter  taxes  against  the  shares,  bonds,  securities  ai  d 
indebtedness  as  a  whole,  and  charge  the  same  to  tl  e 
said  railroad  or  railway  corporation  whose  duty  it  shs  11 
be  to  reserve  the  amount  thereof  from  the  dividend  <  r 
interest  or  principal  payable  or  about  to  be  paid  o 
the  holders  or  owners  thereof,  directly  or  throng  h 
trustees  or  representatives  and  to  pay  the  same  with  a 
the  time  herein  limited  to  the  said  treasurer,  and  n 
such  cases  in  addition  to  the  lien  against  the  share  i, 
bonds,  securities  and  indebtedness  themselves,  a  lit  n 
for  such  tax  and  for  all  interest  thereon  shall  exl  t 
upon  the  entire  road  and  property  of  the  said  railrof  d 
or  railway  corporation,  and  the  said  lien  and  tax  ai  d 
interest  thereon  may  be  enforced  against  the  sa  d 
railroad  or  railway  corporation,  or  against  any  perse  a 
or  corporation  liable  for  the  same,  either  by  foreclosu:  e 
of  the  said  lien  or  by  an  action  at  law,  or  through  ai  y 
method  or  procedure  heretofore  at  any  time  in  for(  e 
in  Michigan  for  the  collection  of  specific  taxes. 

Construction  of  Act.  §  8.  It  is  the  purpose  that  tb  s 
Act  shall  be  valid  as  far  as  possible  and  the  invalid!  y 
of  any  provision  shall  not  render  Invalid  other  provisions. 

Tax,  payment  under  protest — Appeal.  §  9.  Any  pers(  n 
or  corporation  against  whom  any  tax  under  this  A  ;t 
is  assessed  or  who  or  which  may  be  required  to  pi  y 
the  same,  may  pay  the  same  to  the  State  treasur  t 
under  protest,  giving  notice  at  the  time  of  payment  )f 
the  reasons  for  such  protest;  and  the  party  making  su(  h 
payment  may  at  any  time  within  30  days  thereafter  si  e 
the  said  State  treasurer  for  the  recovery  thereof  n 
any  court  of  competent  jurisdiction,  and  if  it  deter- 
mines that  the  same  was  wrongfully  collected  as  n  rt 
being  due  to  the  State  for  any  reason  going  to  tlie 
merits  of  the  same,  then  the  court  trying  the  case  mi  y 
certify  of  record  that  the  same  was  wrongfully  paid 
and  ought  to  be  refunded,  whereupon  the  audltor-generil 
shall  issue  his  warrant  for  the  same,  which  shall  be 
paid  in  preference  to  other  claims  upon  the  treasury. 
The  right  of  appeal  shall  exist  to  both  parties  as  in  othar 
actions.  There  shall  be  no  other  remedy  In  any  cme 
of  the  collection  of  the  tax  under  this  Act  than  that 
above  provided,  and  no  writ  for  the  prevention  of  the 
collection  of  any  revenue  claimed  hereunder  or  to 
hinder  or  delay  collection  of  the  same  shall  In  anywise 
Issue,  but  In  all  cases  in  which  for  any  reason  It  shall 


I 


Public  Service  Laws 


721 


b€  claimed  that  the  tax  was  collected  or  about  to  be 
collected,  was  or  is  wrongfully  or  illegally  collected  or 
about  to  be  collected,  the  remedy  shall  be  as  above  pro- 
vided, and  in  no  other  manner. 

Stockholders  and  bondholders  defencUtfts  in  suit.  §  10. 
In  case  of  suit  on  the  part  of  the  Stat^Br  its  officers  to 
enforce  collection  of  such  tax  against  the  holders  or  owners 
of  any  such  shares,  bonds,  securities  or  indebtedness,  it 
shall  be  permissible  to  join  as  defendants  in  a  single  case  all 
persons  or  corporations  owning  or  holding  the  stocks, 
bonds,  securities  or  indebtedness  of  a  single  corporation, 
and  in  case  such  persons  or  corporations  are  non- 
residents of  the  State,  service  upon  them  may  be  had 
by  serving  any  process  upon  the  corporation  issuing 
tl;e  bonds,  stocks  or  securities  or  owing  the  indebtedness. 
In  addition  it  shall  be  permissible  to  make  service  upon 
any  such  non-residents  by  publication  in  the  manner 
provided  by  law. 

Irregularity  does  not  invalidate  the  levy.  §  11.  No  tax 
levied  under  this  Act  shall  be  declared  invalid  or  set 
aside  because  of  any  irregularity  or  mistake  in  the 
name  of  the  person  or  corporation  against  whom  the 
assessment  is  made.  In  the  event  of  a  judgment  in  an 
action  at  law  or  equity  for  the  amount  of  the  tax,  the 
same  may  be  enforced,  eithe|^  against  the  property  on 
account  of  which  the  tax  is  levied,  or  against  any  other 
property  within  the  State  belonging  to  •  the  persons  or 
corporations  subject  to  such  tax. 

Auditor-general  may  make  assessment.  §  12.  As  a 
cumulative  and  additional  method  of  procedure  in  the 
assessment  of  such  tax,  in  those  cases  where  any  cor- 
poration required  to  report  neglects  or  refuses  to  make 
Buch  report,  the  auditor-general  may  at  his  option  pro- 
ceed in  the  making  of  such  assessment  and  giving 
notice  thereof,  and  the  persons  or  corporations  taxed 
may  proceed  in  contesting  the  assessment,  in  the  manner 
provided  in  §4030, to  §4034  inclusive  of  the  compiled 
l3,ws   of  1897. 

Procedure  where  corporation  pays  no  dividends.  §  13. 
In  case  any  railroad  or  railway  corporation  whose  shares, 
securities,  bonds  or  indebtedness  are  subject  to  taxa- 
tion under  this  Act,  shall  not,  under  its  method  of 
apportioning  earnings  on  through  or  joint  business, 
produce  sufficient  net  earnings  to  pay  dividends  or  the 
Interest  upon  its  indebtedness,  from  which  such  tax 
may  be  collected,  or  if  such  corporation  shall  not 
declare  a  dividend  or  pay  interest  from  funds  available 
therefor,  and  such  tax  shall  not  be  paid,  then  the 
attorney-general  may  institute  proceedings  against  such 
corporation  for  the  recovery  of  the  taxes  assessed  on 
account  of  its  shares,  bonds,  securities  or  indebtedness; 
and  if  in  any  such  proceedings  the  court  shall  determine 
that  any  proprietary  or  connecting  line  has  been  allowed 
or  paid  a  greater  proportion  of  the  earnings  than  should 
have  been  allowed  or  paid,  as  its  reasonable  and 
equitable  proportion  of  through  or  joint  earnings,  or  if 
the  said  court  shall  determine  that  said  corporation 
earned  or  possesses  funds  which  are  applicable  to  the 
payment  of  dividends  or  interest  or  principal,  then  In 
either  case  such  corporation  shall  be  liable  to  the  State 
in  the  first  instance  for  the  amount  of  such  tax,  but 
only  to  the  amount  of  earnings  paid  by  it  to  any  such 
connecting  or  proprietary  line  or  railroad  in  excess  of 
the  fair  and  reasonable  amount  that  in  the  judgment 
of  the  court  should  have  been  paid,  or  to  the  amount 
of  undistributed  surplus  applicable  to  the  payment  of 
dividends,  interest  or  principal,  and  any  amount  collected 
from  such  corporation  under  this  section  may  be  by 
such  corporation  charged  against  the  persons  or  corpora- 
tions on   account  of  whose   tax  the  collection  was  made. 

Penalty  for  false  report.  §  14.  Any  corporation  or 
officer  thereof  which  or  who  shall  in  reporting  pursuant 
to  this  Act  make  a  false  report,  shall  be  deemed  guilty 
of  perjury  and  subject  to  penalty  therefore  as  provided 
by  general  law. 

FALSE    MIXING,    WEIGHING,    ETC.,    OF    GOODS. 

[P.  A.  253  of  1911.] 
The  people  of  the  State  of  Michigan  enact: 

Shipper  to  furnish  description  of  goods.  §  1.  Every 
person,  firm  or  corporation  offering  goods,  property  or 
effects  to  any  common  carrier  within  this  State  for  the 


purpose  of  transportation  shall  furnish  to  such  carrier 
a  true  description  of  the  goods,  property  or  effects  so 
offered. 

Penalty  for  false  description,  false  tilling,  etc.  §  2.  Any 
person,  firm  or  corporation  who  shall  knowingly  offer 
any  goods,  property  or  effects  to  any  common  carrier 
for  transportation  within  this  State  with  a  false  descrip- 
tion of  the  same,  or  who  shall  offer  any  such  goods, 
property  or  effects  under  a  false  billing,  false  classifi- 
cation or  false  weight  and  thereby  procure  or  attempt 
to  procure  the  transportation  of  any  such  goods,  prop-- 
erty  or  effects  at  a  less  cost  than  would  be  due  under 
a  true  description,  true  billing,  true  classification  or 
true  weight,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  convection  thereof  by  any  court  of  competent 
jurisdiction  shall  be  punished  by  a  fine  of  not  to  exceed 
$200  or  by  imprisonment  in  the  county  jail  for  a  term 
not  to  exceed  90  days,  or  by  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

fAct  234  of  1911,  amending  Act  271  of  1909.] 
"Straight  till  of  lading"  defined — Requisites — Exception 
as  to  express  companies.  §  2.  Whenever  a  bill  of  lading 
is  issued  by  a  carrier  for  the  transportation  of  property 
from  one  place  to  another  within  this  State,  or  between 
places  one  of  which  is  within  this  State,  in  which  the 
property  described  therein  is  stated  to  be  consigned  or 
deliverable  to  a  specified  person,  without  any  statement 
or  representation  that  such  property  is  consigned  or 
deliverable  to  the  order  of  any  person,  such  bill  shall 
be  known  as  a  "straight  bill  of  lading"  and  shall  contain 
the   following  requirements: 

(a)  The  bill  shall  be  printed  on  white  paper  i% 
inches   wide; 

(b)  The  bill  shall  have  prominently  stamped  upon 
its  face  the  words  "not  negotiable"; 

(c)  Nothing  herein  shall  be  construed  to  prohibit  the 
insertion  in  a  straight  bill  of  lading  of  other  terms  or 
conditions  not  inconsistent  with  the  provisions  of  this 
Act,  but  it  shall  be  unlawful  to  insert  in  such  bill  any 
terms  or  conditions  contrary  to  or  inconsistent  with 
such  provisions.  Nothing  herein  contained  shall  be  con- 
strued to  prohibit  express  companies  from  using  the 
customary  receipts  employed  by  them  in  the  ordinary' 
transaction  of  their  business. 

UNIFOBM   BILL   OF   L.\DINQ.  ' 

[P.   A.    165   Of  1911.] 

The  people  of  the  State  of  Michigan  enact: 

Act  to  govern.  §  1.  Bills  of  lading  issued  by  any  common 
carrier   shall   be   governed    by   this    Act. 

§  2.  Every  bill  must  embody  within  its  written  or 
printed  terms: 

Date,     (a)     The  date  of  its  issue; 

Name,  (b)  The  name  of  the  person  from  whom  the 
goods  have   been  received; 

(c)     The  place  where  the  goods  have  been  received; 

Destination,  (d)  The  place  to  which  the  goods  are  to 
be   transported; 

To  whom  sent,  (e)  A  statement  whether  the  goods 
received  will  be  delivered  to  a  specified  person,  or  to 
the  order   of   a  specified   person; 

Description,  (f)  Andescription  of  the  goods  or  of  the 
packages  containing  them  which  may,  however,  be  in 
such   general  terms  as  are  referred  to  in  §  23,  and 

(g)     The   signature   of  the   carrier. 

Liability  of  carrier.  A  negotiable  bill  shall  have  -the 
'Aords  "order  of"  printed  thereon  immediately  before  the 
name  of  the  person  upon  whose  order  the  goods  re- 
ceived are  deliverable.  A  carrier  shall  be  liable  to  any 
person  injured  thereby  for  the  damage  caused  by  the 
omission  from  a  negotiable  bill  of  any  of  the  provisions 
required  in  this  section. 

Conditions  of  bill.  §  3.  A  carrier  may  insert  in  a  bill 
issued  by  him  any  other  terms  and  conditions,  pro- 
vided that   such   terras  and  conditions  shall  not: 

(a)     Be  contrary   to   law  or   public   policy;    or 

Care  in  transportation,  (b)  la  anywise  impair  his 
obligation  to  exercise  at  least  that  degree  of  care  In 
the    transportation    and    safe-keeping    of    the    goods    in- 


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trusted    to    him    which    a    reasonably   careful   man    would 
exercise   in    regard   to    similar   goods   of   his   own. 

Non-negotiable  till.  §  4.  A  bill  in  which  It  is  stated 
that  the  goods  are  consigned  or  destined  to  a  specified 
person,   is   a   non-negotiable   wr   straight  bill. 

Negotiable  bill.  §  5.  A  bill  in  which  it  is  stated  that 
the  goods  are  consigned  or  destined  to  the  order  of  any 
person  named  in  such  bill,  is  a  negotiable  or  order  bill. 
Any  provision  in  such  a  bill  that  it  is  non-negotiable 
si. all  not  aftect  its  negotiability  within  the  meaning  of 
tills  Act. 

Not  to  be  issued  in  sets.  §  6.  Negotiable  bills  Issued  In 
this  State  for  the  transportation  of  goods  to  any  place 
In  the  United  States  on  the  continent  of  North  America, 
except  Alaska,  shall  not  be  issued  in  parts  or  sets.  If 
so  issued  the  carrier  issuing  them  shall  be  liable  for 
failure  to  deliver  the  goods  described  therein  to  anyone 
who  purchases  a  part  for  value  in  good  faith,  even 
though  the  purchase  be  after  the  delivery  of  the  goods 
by  the  carrier  to  a  holder  of  one  of  the  other  parts. 

Duplicate  bills — Carrier  liable  for  damages.  §  7.  When 
More  than  one  negotiable  bill  is  issued  in  this  State  for 
the  same  goods  to  be  transported  to  any  place  in  the 
United  States  on  the  continent  of  North  America,  ex- 
cept Alaska,  the  word  "duplicate"  or  some  other  word  or 
words  indicating  that  the  document  is  not  an  original 
bill  shall  be  placed  plainly  upon  the  face  of  every  such 
bill,  except  the  one  first  issued.  A  carrier  shall  be  liable 
for  the  damage  caused  by  his  failure  so  to  do  to  any- 
one who  has  purchased  the  bill  for  value  in  good  faith 
as  an  original,  even  though  the  purchase  be  after  the 
delivery  of  the  goods  by  the  carrier  to  the  holder  of  the 
original   bill. 

Facing  of  bill.  §  8.  A  non-negotiable  bill  shall  have 
placed  plainly  upon  its  face  by  the  carrier  issuing  it 
"non-negotiable"  or  "not  negotiable."  This  section  shall 
not  apply,  however,  to  memoranda  or  acknowledgments 
of  an   informal   character. 

Name  of  person  to  be  notified.  §  9.  The  insertion  In  a 
negotiable  bill  of  the  name  of  a  person  to  be  notified  of 
the  arrival  of  the  goods  shall  not  limit  the  negotiability 
,of  the  bill  nor  constitute  notice  to  a  purchaser  thereof 
'ci  any  rights   or  equities  of  such  person  in  the  goods. 

Consignor  bound  by  terms,  etc.  §  10.  Except  as  other- 
wise provided  in  this  Act,  where  a  consignor  receives 
a  bill  and  makes  no  obiection  to  its  terms  or  conditions 
at  the  time  he  receives  it,  neither  the  consignor  nor 
any  person  who  accepts  delivfery  of  the  goods,  nor  any 
person  who  seeks  to  enforce  any  provision  of  the  bill, 
shall  be  allowed  to  deny  that  he  is  bound  by  such  terms 
and  conditions,  so  far  as  they  are  not  contrary  to  law 
or  public   policy. 

Carrier  bound  to  deliver  goods,  etc.  §  11.  A  carrier,  in 
the  absence  of  some  lawful  excuse,  is  bound  to  deliver 
goods  upon  a  demand  made  either  by  the  consignee 
named  in  the  bill  for  the  goods,  or  if  the  bill  is  nego- 
tiable, by  the  holder  thereof,  if  such  demand  is  accom- 
panied  by: 

(a)  An  offer  in  good  faith  to  satisfy  the  carrier's 
lawful  lien  upon  the  goods; 

(b)  An  offer  in  good  faith  to  surrender,  properly 
Indorsed,  the  bill  which  was  issued  for  the  goods,  it  the 
bill  is  negotiable;    and 

(c)  A  readiness  and  willing^jess  to  sign,  when  the 
goods  are  delivered,  an  acknowledgment  that  they  have 
been  deliv.ered,  if  such  signature  is  requested  by  the 
carrier. 

Failure  to  deliver.  In  case  the  carrier  refuses  or  fails 
to  deliver  the  goods  in  compliance  with  a  demand  by 
the  consignee  or  holder  so  accompanied,  the  burden 
shall  be  upon  the  carrier  to  establish  the  existence 
of  a   lawful   excuse   for  such  refusal  or  failure. 

Delivery  of  goods.  §  12.  A  carrier  is  justified,  subject 
to  the  provisions  of  the  three  following  sections,  in  de- 
livering goods  to  one  who  is: 

(a)  A  person  lawfully  entitled  to  the  possession  of 
the    goods ;    or 

(b)  The  consignee  named  in  a  non-negotiable  bill 
for   the   goods;    or 

(c)  A  person  in  possession  of  a  negotiable  bill  for 
the  goods  by  the  terms  of  which  the  goods  are  deliver- 


able to  his  order,  or  which  has  been  indorsed  to  him 
or  in  blank  by  the  consignee  or  by  the  mediate  or  im- 
r.:ediate   indorsee   of   the   consignee. 

Liability  of  carrier.  §  13.  Where  a  carrier  delivers 
goods  to  one  wljitjs  not  lawfully  entitled  to  the  posses- 
sion of  them,  tl^learrier  shall  be  liable  to  anyone  hav- 
ing a  right  of  property  or  possession  in  the  goods  if  h(! 
delivered  the  goods  otherwise  than  as  authorized  by 
s^ubdivisions  (b)  and  (c)  of  the  preceding  section;  and, 
tnough  he  delivered  the  goods  as  authorized  by  either  of 
said  subdivisions,  he  shall  be  so  liable  if  prior  to  such 
delivery  he: 

(a)  Had  been  requested,  by  or  on  behalf  of  a  per- 
son having  a  right  of  property  or  possession  in  th<3 
goods,  not  to  make  such  delivery;  or 

(b)  Had  information  at  the  time  of  the  delivery  that 

it  was  to  a  i)€rson  not  lawfully  entitled  to  the  possession    i 
of   the   goods.  \ 

Request  or  information.  A  request  or  information  to 
be  effective  within  the  meaning  of  this  section  must  b'^ 
given  to  an  officer  or  agent  of  the  carrier,  the  actual  or 
apparent  scope  of  whose  duties  includes  action  upon  sucii 
a  request  or  information,  and  must  be  given  in  time  to 
triable  the  officer  or  agent  to  whom  it  is  given,  actin;; 
v/ith  reasonable   diligence,  Jo  stop  delivery  of  the  goods. 

Delivery  on  negotiable  oill.  §  14.  Except  as  provide! 
in  §  27,  and  e:«cept  when  compelled  by  legal  process , 
it  a  carrier  delivers  goods  for  which  a  negotiable  bill 
liad  been  issued,  the  negotiation  of  which  would  trans- 
fer the  right  to  the  possession  of  the  goods,  and  fail) 
to  take  up  and  cancel  the  bill,  such  carrier  shall  b ! 
liable  for  failure  to  deliver  the  goods  to  anyone  wh  > 
for  value  and  in  good  faith  purchases  such  bill,  whethe  • 
such  purchaser  acquired  title  to  the  bill  before  or  afte  • 
the  delivery  of  the  goods  by  the  carrier,  and  notwitl  -  ^ 
standing  delivery  was  made  to  the  person  entitl^"-^ 
thereto. 

Delivery  in  part.     §  15.     Except  as  provided  in  §  27,  ari  f" 
fxcept    wlien    compelled    by    legal    process,    if    a    carrie  • 
delivers    part   of   the    goods    for    which   a   negotiable    b^ ' 
had  been  issued  and  fails  either: 

(a)  To   take   up   and   cancel   the  bill;    or 

(b)  To  place  plainly  upon  it  a  statement  that  i 
portion  of  the  goods  has  been  delivered,  with  a  descrij  - 
tion,  which  may  be  in  general  terms,  either  of  the  good  i 
or  packages  that  have  been  so  delivered  or  of  the  good  i 
or  packageg  which  still  remain  in  the  carrier's  possei  • 
sion,  he  shall  be  liable  for  failure  to  deliver  all  tb ) 
goods  specified  in  the  bill,  to  anyone  who  for  valu  s 
and  in  good  faith  purchases  it,  whether  such  purchase  f 
acquired  title  to  it  before  or  after  the  delivery  of  an ' 
portion  of  tlie  goods  by  the  carrier,  and  notwithstandin ; 
s;nch   delivery   was   made   to   the   person   entitled   theret<  . 

Alterations,  etc.  §  16.  Any  alteration,  addition  or  era  - 
ure  in  a  bill  after  its  issue  without  authority  from  th  3 
carrier  issuing  the  same  either  in  writing  or  noted  o  i 
the  bill  shall  be  void,  whatever  be  the  nature  and  pu  - 
pose  of  the  change,  and  the  bill  shall  be  enforceabls 
according   to    its   original   tenor. 

When  negotiable  bill  lost— Costs,  etc.  §  17.  Where  a 
r.egotiable  bill  has  been  lost  or  destroyed,  a  court  ( f 
competent  jurisdiction  may  order  the  delivery  of  tl  e 
eoods  upon  satisfactory  proof  of  such  loss  or  destruction 
and  upon  the  giving  of  a  bond  with  sufficient  surely 
to  be  approved  by  the  court  to  protect  the  carrier  or  ary 
person  injured  by  such  delivery  from  any  liability  ( r 
loss  incurred  by  reason  of  the  original  bill  remainli  s 
outstanding.  The  court  may  also  in  its  discretion  ordi  r 
the  payment  of  the  carrier's  reasonable  costs  and  cou  i- 
sel  fees.  The  delivery  of  the  goods  under  an  order  nf 
the  court  as  provided  in  this  section,  shall  not  reliet  e 
the  carrier  from  liability  to  a  person  to  whom  the  negj- 
tiable  bill  has  been  or  shall  be  negotiated  for  value 
without  notice  of  the  proceedings  or  of  the  delivery  it 
the  goods. 

Duplicate  bill,  liability.  §  18.  A  bill  upon  the  face  of 
which  the  word  "duplicate''  or  some  other  word  or 
words  indicating  that  the  document  is  not  an  original 
bill  is  placed  plainly  shall  impose  upon  the  carrier  Is- 
suing the  same  the  liability  of  one  who  represents  and 
warrants  that  such  bill  is  an  accurate  copy  of 
original   bill   properly   issued,   but   no  other   liability. 


n 
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Public  Service  Laws 


723 


Title,  etc.,  asserted  hy  carrier.  §  19.  No  title  to  goods 
or  right  to  their  possession,  asserted  by  a  carrier  for 
his  own  benefit,  shall  excuse  him  from  liability  for 
refusing  to  deliver  the  goods  according  to  the  terms  of 
a  bin  Issued  for  them  unless  such  title  or  right  Is  de- 
rived directly  or  indirectly  from  a  transfer  made  by  the 
consignor  or  consignee  after  the  shipment,  or  from  the 
carrier's  lien. 

Claimants  to  interplead.  {  20.  If  more  than  one  per- 
son claims  the  title  or  possession  of  goods,  the  carrier 
may  require  all  known  claimants  to  Interplead,  either 
as  a  defense  to  an  action  brought  against  him  for  non- 
delivery of  the  goods,  or  as  an  original  suit,  whichever 
1b   appropriate. 

Carrier  excused  from  liahiUty.  §  21.  If  someone  other 
than  the  consignee  or  person  in  possession  of  the  bill 
tas  a  claim  to  the  title  or  possession  of  the  goods, 
and  the  carrier  has  information  of  such  claim,  the  car- 
rier shall  be  excused  from  liability  for  refusing  to  de- 
liver the  goods  either  to  the  consignee  or  person  In 
possession  of  tlie  bill,  or  to  the  adverse  claimant,  until 
the  carrier  has  had  a  reasonable  time  to  ascertain  the 
validity  of  the  adverse  claim  or  to  bring  legal  proceed- 
ings  to   compel   all   claimants   to  interplead. 

Title  of  third  person.  J  22.  Except  as  provided  In  the 
two  preceding  sections  and  in  §  12,  no  right  or  title  of  a 
third  person  unless  enforced  by  legal  process  shall  be  a  de- 
fense to  an  action  brought  by  the  consignee  of  a  non- 
negotiable  bill  or  by  the  holder  of  a  negotiable  bill 
against  the  carrier  for  failure  to  deliver  the  goods  on 
demand. 

Liability  to  consignee — Goods,  description  of — Shipper'* 
load  and  count.  §  23.  If  a  bill  of  lading  has  been  Issued 
by  a  carrier,  or  on  his  behalf  by  an  agent  or  employe  the 
scope  of  whose  actual  or  apparent  authority  Includea 
the  Issuing  of  bills  of  lading,  the  carrier  shall  be  liable 
to 

(a)  The  consignee  named  In  a  non-negotiable  bill; 
or 

(b)  The  holder  of  a  negotiable  bill. 

Who  has  given  value  in  good  faith  relying  upon  the 
description  therein  of  the  goods,  for  damages  caused 
by  the  non-receipt  by  the  carrier  or  a  connecting  carrier 
of  all  or  part  of  the  goods  or  their  failure  to  corre- 
spond with  the  description  thereof  in  the  bill  at  the  time 
cf  its  issue.  If,  however,  the  goods  are  described  in  a 
bill  merely  by  a  statement  of  marks  or  labels  upon  them, 
or  packages  containing  them,  or  by  a  statement  that 
the  goods  are  said  to  be  goods  of  a  certain  kind 
or  quantity,  or  in  a  certain  condition,  or  it  is  stated 
ir.  the  bill  that  packages  are  said  to  contain  goods 
of  a  certain  kind  or  quantity  or  in  a  certain  condi- 
tion or  that  the  contents  or  condition  of  the  con- 
tents of  packages  are  unknown,  or  words  of  like 
purport  are  contained  in  the  bill,  such  statements,  U 
true,  shall  not  make  liable  the  carrier  issuing  the  bill, 
although  the  goods  are  not  of  the  kind  or  quantity  or 
In  the  condition  which  the  marks  or  labels  upon  them 
indicate,  or  of  the  kind  or  quantity  or  in  the  condition 
they  were  said  to  be  by  the  consignor.  The  carrier 
may,  also,  by  inserting  in  the  bill  the  words  "shipper's 
load  and  count"  or  other  words  of  like  purport  indicate 
that  the  goods  were  loaded  by  the  shipper  and  the  de- 
scription of  them  made  by  him;  and  if  such  statement 
bo  true,  the  carrier  shall  not  be  liable  for  damages 
caused  by  the  improper  loading  or  by  the  non-receipt 
or  by  the  misdescription  of  the  goods  described  in  the 
bill. 

Attachment,  etc.  §  24.  If  goods  are  to  be  delivered  to 
a  carrier  by  the  owner  or  by  a  person  whose  act  in 
conveying  the  title  to  them  to  a  purchase  for  value  in 
good  faith  would  bind  the  owner  and  a  negotiable  bill 
is  issued  for  them,  they  .cannot  thereafter,  while  in  the 
possession  of  the  carrier,  be  attached  by  garnishment  or 
otherwise,  or  be  levied  upon  under  an  execution,  unless 
the  bill  be  first  surrendered  to  the  carrier  or  its  nego- 
tiation enjoined.  The  carrier  shall  in  no  such  case  be 
compelled  to  deliver  the  actual  possession  ot  the  goods 
until  the  bill  is  surrendered  to  him  or  impounded  by 
the  court. 

Injunction,  attachment,  etc.  §  25.  A  creditor  whose 
debtor  is  the  owner  of  a  negotiable  bill  shall  be  entitled 


to  such  aid  from  courts  of  appropriate  jurisdiction  by 
Injunction  and  otherwise  in  attaching  such  bill,  or  In 
satisfying  the  claim  by  means  thereof  as  is  allowed  at 
law  or  in  equity  in  regard  to  property  which  cannot 
readily  be  attached  or  levied  upon  by  ordinary  legal 
process. 

Lien  on  goods.  §  26.  If  a  negotiable  bill  Is  Issued  the 
carrier  shall  have  no  lien  on  the  goods  therein  men- 
tioned, except  for  Charges  on  those  goods  for  freight, 
storage,  demurrage  and  terminal  charges,  and  expenses 
necessary  for  the  preservation  of  the  goods  or  Incident 
to  their  transportation  subsequent  to  the  date  of  the  bill, 
unless  the  bill  expressly  enumerates  other  charges  for 
which  a  lien  is  claimed.  In  such  case  there  shall  also 
be  a  lien  for  the  charges  enumerated  so  far  as  they  are 
p.Uowed  by  law  and  the  contract  between  the  consignor 
and  the  carrier. 

Satisfaction  of  lien,  etc.  §  27.  After  goods  have  been 
lowfuUy  sold  to  satisfy  a  carrier's  lien  or  because  they 
have  not  been  claimed,  or  because  they  are  perishable 
or  hazardous,  the  carrier  shall  not  thereafter  be  liable 
for  failure  to  deliver  the  goods  to  the  consignee  or 
owner  of  the  goods,  or  to  a  holder  o£  the  bill  given  for 
the  goods  when  they  were  shipped,  even  if  such  bill  be 
negotiable. 

Negotiation  hy  delivery.  §  28.  A  negotiable  bill  may 
be  negotiated  by  delivery  where,  by  the  terms  of  the  bill, 
the  carrier  undertakes  to  deliver  the  goods  to  the  order 
of  a  specified  person,  and  such  a  person  or  a  subsequent 
Indorsee  of  the  bill  has  indorsed  it  in  blank. 

By  indorsement.  §  29.  A  negotiable  bill  may  be  nego- 
tiated by  the  indorsement  of  the  person  to  whose  order 
the  goods  are  deliverable  by  the  tenor  of  the  bill.  Such 
indorsement  may  be  in  blank  or  to  a  specified  person,. 
It  indorsed  to  a  specified  person,  it  may  be  negotiated 
again  by  the  indorsement  of  such  person  in  blank  or 
to  another  specified  person.  Subsequent  negotiation 
may  be   made   in   like  manner. 

Transfer.  §  30.  A  bill  may  be  transferred  by  th« 
holder  by  delivery,  accompanied  with  an  agreement, 
express  or  implied,  to  transfer  the  title  to  the  bill  or 
to   the   goods   represented  thereby. 

A  non-negotiable  bill  cannot  be  negotiated,  and  the 
indorsement  of  such  a  bill  gives  the  transferee  no  addi- 
tional  right. 

Person  in  possession.  |  31.  A  negotiable  bill  may  be 
negotiated  by  any  person  in  possession  of  the  same, 
however  such  possession  may  have  been  acquired  If, 
by  the  terms  of  the  bill,  the  carrier  undertakes  to  de- 
liver the  goods  to  the  order  of  such  person,  or  If  at 
the  time  of  negotiation  the  bill  is  in  such  form  that 
it  may   be   negotiated  by  delivery. 

Title  to  goods.  §  32.  A  person  to  whom  a  negotiable 
bill  has  been  duly  negotiated  acquires  thereby: 

(a)  Such  title  to  the  goods  as  the  person  negotiating 
the  bill  to  him  had  or  had  ability  to  convey  to  a  pur- 
chaser in  good  faith  for  value,  and  also  such  title  to  the 
goods  as  the  consignee  and  consignor  had  or  had  power 
to   convey   to   a   purchaser   in   good   faith    for    value;    and 

Obligation  of  carrier,  (h)  The  direct  obligation  of  the 
carrier  to  hold  possession  of  the  goods  for  him  accord- 
ing to  the  terms  of  the  bill  as  fully  as  if  tlie  carrier  had 
contracted    directly    with   him. 

Title  to  transferred  goods — Notification  of  carrier.  {  3S. 
A  person  to  whom  a  bill  has  been  transferred  but  not 
negotiated  acquires  thereby  as  against  the  transferor, 
the  title  to  the  goods,  subject  to  the  terms  of  any  agree- 
ment with  the  transferor.  If  the  bill  is  non-negotiable, 
Bnch  person  also  acquires  the  right  to  notify  the  carrier 
of  the  transfer  to  him  of  such  bill,  and  thereby  to  be- 
come the  direct  obligee  of  whatever  obligations  the 
carrier  owed  to  the  transferor  of  the  bill  immediately 
before  the  notification.  Prior  to  the  notification  of  the 
carrier  by  the  transferor  or  transferee  of  a  non-nego- 
tiable bill,  the  title  of  the  transferee  to  the  goods  and 
the  right  to  acquire  the  obligation  of  the  carrier  may 
be  defeated  by  garnishment  or  by  attachment  or  ex- 
ecution upon  the  goods  by  a  creditor  ot  the  transferor, 
or  by  a  notification  to  the  carrier  by  the  transferor  or 
a  subsequent  purchaser  from  the  transferor  of  a  sub- 
sequent sale  of  the  goods  by  the  transferor.  A  car- 
rier has  not  received  notification  within  the  meaning  of 


724 


National  Association  of  Railway  Commissionebs 


thia  section  unless  an  officer  or  agent  of  the  carrier, 
the  actual  or  apparent  scope  of  whose  duties  Includes 
action  upon  such  a  notification,  has  been  notified;  and 
no  notification  shall  be  effective  until  the  officer  or 
agent  to  whom  it  Is  given  has  had  time  with  the  exer- 
cise of  reasonable  diligence  to  communicate  with  the 
agent  or  agents  having  actual  possession  or  control  of 
the  goods. 

Right  of  transferee.  §  34.  Where  a  negotiable  bill  la' 
transferred  for  value  by  delivery,  and  the  indorsement  of 
the  transferor  is  essential  for  negotiation,  the  transferee 
acquires  a  right  against  the  transferor  to  compel  him  to 
Indorse  the  bill,  unless  a  contrary  Intention  appears.  The 
negotiation  shall  take  effect  as  of  the  time  when  the 
Indorsement  Is  actually  made.  This  obligation  may  be 
specifically  enforced. 

Transfer  hy  indorsement  or  delivery.  §  35.  A  person 
who  negotiates  or  transfers  for  value  a  bill  by  indorsement 
or  delivery,  including  one  who  assigns  for  value  a  claim 
secured  by  a  bill,  unless  a  contrary  Intention  appears,  war- 
rants: 

(a)  That  the  bill  is  genuine; 

(b)  That  he  has  a  legal  right  to  transfer  It; 

(c)  That  he  has  knowledge  of  no  fact  which  would 
impair  the  validity  or  worth  of  the  bill,  and 

(d)  That  he  has  a  right  to  transfer  the  title  to  the 
goods,  and  that  the  goods  are  merchantable  or  fit  for  a  par- 
ticular purpose  whenever  such  warranties  would  have 
been  implied.  If  the  contract  of  the  parties  had  been  to 
transfer  without  a  bill  the  goods  represented  thereby. 

In  the  case  of  an  assignment  of  a  claim  secured  by  a  bill, 
the  liability  of  the  assignor  shall  not  exceed  the  amount 
of  the  claim. 

Indorsement.  §  36.  The  indorsement  of  a  bill  shall  not 
make  the  indorser  liable  for  any  failure  on  the  part  of  the 
carrier  or  previous  Indorsers  of  the  bill  to  fulfill  their 
respective  obligations. 

Genuineness  not  warranted.  §  37.  A  mortgagee  or 
pledgee,  or  other  holder  of  a  bill  for  security  who  In  good 
faith  demands  or  receives  payment  of  the  debt  for  which 
such  bill  is  security,  whether  from  a  party  to  a  draft  drawn 
for  such  debt  or  from  any  other  person,  shall  not  be  deemed 
by  so  doing  to  represent  or  to  warrant  the  genuineness  of 
such  bill  or  the  quantity  or  quality  of  the  goods  therein 
described. 

Negotiation,  validity  of.  §  38.  The  validity  of  the  ne- 
gotiation of  a  bill  is  not  impaired  by  the  fact  that  such 
negotiation  was  a  breach  of  duty  on  the  part  of  the  person 
making  the  negotiation,  or  by  the  fact  that  the  owner  of 
the  bill  was  deprived  of  the  possession  of  the  same  by 
fraud,  accident,  mistake,  duress  or  conversion,  If  the  per- 
son to  whom  the  bill  was  negotiated,  or  a  person  to  whom 
the  bill  was  subsequently  negotiated,  gave  value  therefor, 
In  good  faith,  without  notice  of  the  breach  of  duty,  or 
fraud,  accident,  mistake,  duress  or  conversion. 

Mortgaged  or  pledged  goods.  §  39.  Where  a  person 
having  sold,  mortgaged  or  pledged  goods  which  are  in  a 
carrier's  possession  and  for  which  a  negotiable  bill  has 
been  issued,  or  having  sold,  mortgaged  or  pledged  the 
negotiable  bill  representing  such  goods,  continues  in  pos- 
session of  the  negotiable  bill,  the  subsequent  negotiation 
thereof  by  that  person  under  any  sale,  pledge  or  other 
disposition  thereof  to  any  person  receiving  the  same  in 
good  faith,  for  value  and  without  notice  of  the  previous 
sale,  shall  have  the  same  effect  as  if  the  first  purchaser 
of  the  goods  or  bill  had  expressly  authorized  the  subsequent 
negotiation. 

Transfer  or  retention,  how  indicated,  i  40.  Where 
goods  are  shipped  by  the  consignor  in  accordance  with  a 
contract  or  order  for  their  purchase,  the  form  in  which 
the  bill  Is  taken  by  the  consignor  shall  indicate  the  trans- 
fer or  retention  of  the  property  or  right  to  the  possession 
of  the  goods  as  follows: 

(a)  Where  by  bill  the  goods  are  deliverable  to  the 
buyer  or  to  his  agent,  or  to  the  order  of  the  buyer  or  of 
his  agent,  the  consignor  thereby  transfers  the  property  In 
the  goods  to  the  buyer; 

(b)  Where  by  the  bill  the  goods  are  delivareble  to  the 
seller  or  to  his  agent,  or  to  the  order  of  the  seller  or  of  his 
agent,  the  seller  thereby  reserves  the  property  in  the  goods. 
But  if,  except  for  the  form  of  the  bill,  the  property  would 
have  passed  to  the  buyer  on  shipment  of  the  goods,  the 
seller's  property  in  the  goods  shall  be  deemed  to  be  only 


for  the  purpose  of  securing  performance  by  the  buyer  of 
his  obligations  under  the  contract; 

(c)  Where  by  the  bill  the  goods  are  deliverable  to  the 
order  of  the  buyer  or  of  his  agent,  but  possession  of  the 
bill  Is  retained  by  the  seller  or  his  agent,  the  seller  thereby 
reserves  a  right  to  t^e  possession  of  the  goods,  as  against 
the  buyer; 

(d)  Where  the  seller  draws  on  the  buyer  for  the  price 
and  transmits  the  draft  and  bill  together  to  the  buyer  to 
secure  acceptance  or  payment  of  the  draft,  the  buyer  is 
bound  to  return  the  bill  If  he  does  not  honor  the  draft,  and 
if  he  wrongfully  retains  the  bill  he  acquires  no  added  right 
thereby.  If,  however,  the  bill  provides  that  the  goods  are 
deliverable  to  the  buyer,  or  to  the  order  of  the  buyer,  or 
is  indorsed  in  blank  or  to  the  buyer  by  the  consignee 
named  therein,  one  who  purchases  in  good  faith,  for  value, 
the  bill  or  goods  from  the  buyer,  shall  obtain  the  title  to 
the  goods,  although  the  draft  has  not  been  honored,  if  such 
purchaser  has  received  delivery  of  the  bill  indorsed  by  the 
consignee  named  therein,  or  of  the  goods,  without  notice  of 
the  facts  making  the  transfer  wrongful. 

Where  seller  draws  on  buyer  and  transmits  draft  end 
hill  of  lading.  §  41.  Where  the  seller  of  goods  draws  on 
the  buyer  for  the  price  of  the  goods  and  transmits  1he 
draft  and  a  bill  of  lading  for  the  goods  either  directly  to 
the  buyer  or  through  a  bank  or  other  agency,  unless  a 
different  Intention  on  the  part  of  the  seller  appears,  1he 
buyer  and  all  other  parties  interested  shall  be  justified  in 
assuming: 

(a)  If  the  draft  is  by  its  terms  or  legal  effect  paya  )le 
on  demand  or  presentation  or  at  sight,  or  not  more  tlan 
three  days  thereafter  (whether  such  three  days  be  tern  ed 
days  of  grace  or  not),  that  the  seller  Intended  to  require 
payment  of  the  draft  before  the  buyer  should  be  entit  ed 
to  receive  or  retain  the  bill; 

(b)  If  the  draft  Is  by  its  terms  payable  on  time,  ex- 
tending beyond  three  days  after  demand,  presentation  or 
sight  (whether  such  three  days  be  termed  days  of  gri.ce 
or  not) ,  that  the  seller  intended  to  require  acceptance,  '  luj 
not  payment  of  the  draft  before  the  buyer  should  be|, 
titled  to  receive  or  return  the  bill.  i 

The  provisions  of  this  section  are  applicable  whether  ^ 
the  terms  of  the  bill  the  goods  are  consigned  to  the  sel  er^ 
or  to  his  order,  or  to  the  buyer,  or  to  his  order,  or 
third  person  or  to  his  order. 

Seller's  lien  not  to  defeat  rights  of  purchaser,  j  ■ 
Where  a  negotiable  bill  has  been  issued  for  goods,  no  ■  el- 
ler's  lien  or  right  of  stoppage  in  transitu  shall  del  !at 
the  rights  of  any  purchaser  for  value  in  good  faith  to  wh  im 
such  bill  has  been  negotiated,  whether  such  negotiation  be 
prior  or  subsequent  to  the  notification  to  the  carrier  \  ho 
Issued  such  bill  of  the  seller's  claim  to  a  lien  or  right  of 
stoppage  in  transitu.  Nor  shall  the  carrier  be  obliged  to 
deliver  or  justified  in  delivering  the  goods  to  an  unpaid 
seller  unless  such  bill  is  first  surrendered  for  cancella- 
tion. 

Rights,  etc.,  of  mortgagee  or  lien  holder.  J  43.  Except 
as  provided  in  §  42  nothing  in  this  Act  shall  limit  the 
rights  and  remedies  of  a  mortgagee  or  Uenholder  wh  }ae 
mortgage  or  lien  on  .goods  would  be  valid,  apart  from  1  his 
Act,  as  against  one  who  for  value  and  in  good  faith  ]vtT- 
chased  from  the  owner,  immediately  prior  to  the  time  of 
their  delivery  to  the  carrier,  the  goods  which  are  sub,  ect 
to  the  mortgage  or  lien  and  obtained  possession  of  tham. 

Bill,  unlawful  issue  of.  §  44.  Any  officer,  agent  or  s  jrr- 
ant  of  a  carrier,  who  with  Intent  to  defraud  Issues  or  i.lds 
in  issuing  a  bill  knowing  that  all  or  any  part  of  the  gcodi 
for  which  such  bill  is  Issued  have  not  been  received  by 
such  carrier,  or  by  an  agent  of  such  carrier  or  by  a  I'on- 
necting  carrier,  or  are  not  under  the  carrier's  contro  at 
the  time  of  issuing  such  bill,  shall  be  guilty  of  a  crime, 
and  upon  conviction  shall  be  punished  for  each  offenst  by 
imprisonment  not  exceeding  5  years,  or  by  a  fine  not  ex- 
ceeding $5,000,  or  by  both. 

False  statements.  S  45.  Any  officer,  agent  or  serant 
of  a  carrier,  who  with  Intent  to  defraud,  issues  or  aid'  in 
issuing  a  bill  for  goods  knowing  that  it  contains  any  false 
statement,  shall  be  guilty  of  a  crime,  and  upon  conviction 
shall  be  punished  for  each  offense  by  imprisonment  not 
exceeding  one  year,  or  by  a  fine  not  exceeding  $1,00C,  or 
by  both. 

Duplicate  or  additional  bills.  §  46.  Any  officer,  agent 
or  servant  of  a  carrier,  who  with  intent  to  defraud  Issues 
or  aids  in  issuing  a  duplicate  or  additional  negotiable  bill 


Kii  .en 

;e,    lUta 
sel  er^ 


Public  Service  Laws 


785 


for  goods  in  violation  ot  tlie  provisions  of  §  7,  knowing 
that  a  former  negotiable  bill  for  the  same  goods  or  any 
part  of  them  is  outstanding  and  uncancelled  shall  be  guilty 
of  a  crime,  and  upon  conviction  shall  be  punished  for  each 
offense  by  imprisonment  not  exceeding  five  years,  or  by 
a  fine  not  exceeding  |5,000,  or  by  both. 

M^ant  of  title  by  shipper.  §  47.  Any  person  who  ships 
goods  to  which  he  has  not  title,  or  upon  which  there  is  a 
lien  or  mortgage,  and  who  takes  for  such  goods  a  negoti- 
able bill  which  he  afterward  negotiates  for  value  with  in- 
tent to  deceive  and  without  disclosing  his  want  of  title 
or  the  existence  of  the  lien  or  mortgage,  shall  be  guilty  of 
a  crime,  and  upon  conviction  shall  be  punished  for  each 
offense  by  imprisonment  not  exceeding  one  each  offense 
by  imprisonment  not  exceeding  five  years,  os  by  both. 

Certain  negotiation  unlatoful.  §  48.  Any  person  who 
with  intent  to  deceive  negotiates  or  transfers  for  value 
a  bill  knowing  that  any  or  all  of  the  goods  which  by  the 
terms  of  such  bill  appear  to  have  been  received  for  trans- 
portation by  the  carrier  which  Issued  the  bill,  are  not  in 
the  possession  or  control  of  such  carrier,  or  of  a  connecting 
carrier,  without  disclosing  this  fact,  shall  be  guilty  of  a 
crime,  and  upon  conviction  shall  be  punished  for  each 
offense  by  imprisonment  not  exceeding  five  years,  or  by 
a  fine  not  exceeding  $5,000,  or  by  both. 

Securing  bill  by  misrepresentation.  §  49.  Any  person 
who  with  Intent  to  defraud  secures  the  issue  by  a  carrier 
of  a  bin,  knowing  that  at  the  time  of  such  issue  any  or 
all  of  the  goods  described  In  such  bill  as  received  for  trans- 
portation have  not  been  received  by  such  carrier,  or  an 
agent  of  such  carrier  or  a  connecting  carrier,  or  are  not 
under  the  carrier's  control,  by  inducing  an  officer,  agent  or 
servant  of  such  carrier  falsely  to  believe  that  such  goods 
have  been  received  by  such  carrier,  or  are  under  its  control, 
shall  be  guilty  of  a  crime,  and  upon  conviction  shall  be 
punished  for  each  offense  by  imprisonment  not  exceeding 
five  years,  or  by  a  fine  not  exceeding  $5,000,  or  by  both. 

Is  on-negotiable  bills.  §  50.  Any  person  who  with  intent 
to  defraud  issues  or  aids  in  issuing  a  non-negotiable  bill 
without  the  words  "not  negotiable"  placed  plainly  upon  the 
face  thereof,  shall  be  guilty  of  a  crime,  and  upon  convic- 
tion shall  be  punished  for  each  offense  by  imprisonment 
not  exceeding  five  years,  or  by  a  fine  not  exceeding  $5,000, 
or  by  both. 

Rules  of  law  and  equity  governing.  §  51.  In  any  case 
not  provided  for  In  this  Act,  the  rules  of  law  and 
equity,  including  the  law  merchant,  and  in  particular 
the  rules  relating  to  the  law  of  principle  [principal] 
and  agent,  executors,  administrators  and  trustees,  and 
to  the  effect  of  fraud,  misrepresentation,  duress  or 
coercion,  accident,  mistake,  bankruptcy,  or  other  in- 
validating cause,  shall  govern. 

Act,  how  construed.  §  52.  This  Act  shall  be  so  inter- 
preted and  construed  as  to  effectuate  its  general  purpose  to 
make  uniform  the  law  of  those  States  which  enact  It. 

Terms  defined.  §  53.  (1)  In  this  Act,  unless  the  con- 
text or  subject  matter  otherwise  requires: 

"Action"  Includes  counter-claim,  set-oft  and  suit  in 
equity. 

"Bill"  means  bill  of  lading. 

"Consignee"  means  the  person  named  In  the  bill  as 
the  person  to  whom  delivery  of  the  goods  is  to  be  made. 

"Consignor"  means  the  person  named  In  the  bill  as 
the  person  from  whom  the  goods  have  been  received  for 
shipment. 

"Goods"  means  merchandise  or  chattels  in  course  of 
transportation,  or  which  have  been  or  are  about  to  be 
transported. 

"Holder"  of  a  bill  means  a  person  who  has  both 
actual  possession  of  such  bill  and  a  right  of  property 
therein. 

"Order"  means  an  order  by  indorsement  on  the   bill. 

"Owner"  does  not  Include  mortgagee  or  pledgee. 

"Person"  includes  a  corporation  or  partnership  or 
two  or  more  persons  having  a  joint  or  common  Interest. 

To  "purchase"  Includes  to  take  as  mortgagee  and  to 
take  as  pledgee. 

"Purchaser"  Includes   mortgagee   and   pledgee. 

"Value"  Is  any  consideration  sufficient  to  support  a 
simple  contract.  An  antecedent  or  pre-existing  obliga- 
tion, whether  for  money  or  not,  constitutes  value  where 
a  bill  is  taken  either  in  satisfaction  thereof  or  as  se- 
curity therefor. 


(2)  A  thing  is  done  "in  good  faith,"  within  the 
meaning  of  this  Act,  when  it  is  in  fact  done  honestly, 
whether  it  be  done   negligently  or  not. 

Application  of  act.  §  54.  The  provisions  of  this  Act  do 
not  apply  to  bills  made  and  delivered  prior  to  the  taking 
effect  thereof.  Nothing  herein  contained  shall  be  con- 
strued to  prohibit  express  companies  from  using  the 
customary  receipts  employed  by  them  in  the  ordinary 
transaction  of  their  business. 

Repeal.  §  55  repeals  all  Acts  or  parts  o'f  Acts  Inconsist- 
ent with  this  Act. 

How  cited.  §  56.  This  Act  may  be  cited  as  the  Uni- 
form Bills  of  Lading  Act. 

TELEPHONE    LINES    AND    TELEPHONE    COMPANIES    DECLABED    COM- 
MON  CAKRIEBS. 

[P.   A.    138   Of  1911.] 

The  people  of  the  State  of  Michigan  enact: 

§  1.  All  persons,  corporations  and  associations  operat- 
ing telephone  lines  or  exchanges  doing  a  telephone 
business  within  the  State  of  Michigan  are  hereby  de- 
clared to  be  common  carriers;  and  all  laws  so  far  as 
applicable  now  in  force  or  that  may  be  hereafter  enacted, 
regulating  the  transportation  of  persons  or  property  "by 
railroad  companies  within  the  State,  shall  apply  with 
equal  force  and  effect  to  telephone  companies. 

General  control  by  railroad  commission.  §  2.  The  Mich- 
igan Railroad  Commission  shall  have  the  general  control 
of  all  telephones,  telephone  lines  and  telephone  com- 
panies within  the  State,  and  shall  investigate  any 
alleged  neglect  or  violation  of  the  laws  of  the  State  by 
any  person,  firm,  association  or  corporation  doing  a 
telephone  business  within  the  State,  or  by  the  officers 
agents  or  employes  thereof. 

Public  service — Power  to  abolish  rates,  etc.  §  3.  All 
persons,  firms,  associations  and  corporations  doing  a 
telephone  business  within  this  State  are  required  to 
furnish  reasonably  adequate  service  and  facilities  for 
the  use  of  their  lines  by  the  public.  All  charges  made 
for  any  service  rendered,  furnished  or  performed,  or  to 
be  rendered,  furnished  or  performed  within  the  State  by 
any  telephone  company,  shall  be  reasonable  and  just, 
and  every  unjust  and  unreasonable  charge  for  such 
service  Is  prohibited  and  declared  to  be  unlawful;  and 
the  commission  shall  have  power  to  make,  alter,  amend 
or  abolish  any  rate  or  charge  for  any  service,  and  may 
regulate  by   rules  or  orders  any   service  or  facility. 

Rebates,  etc.,  unjust  discrimination.  §  4.  If  any  tele- 
phone company  doing  business  within  this  State  shall, 
directly  or  indirectly,  by  any  special  rate,  rebate,  draw- 
back or  other  device,  charge,  demand,  collect  or  receive 
from  any  person  or  persons,  firm  or  corporation  a 
greater  or  less  compensation  for  any  service  rendered, 
furnished  or  performed  than  it  charges,  demands,  collects 
or  receives  from  any  other  person  or  persons  firm  or 
corporation  for  rendering,  furnishing  or  performing  for 
him  or  them  a  like  contemporaneous  service,  such  tele- 
phone company  shall  be  guilty  of  unjust  discrimination 
which  Is  hereby  prohibited  and  declared  to  be  unlawful 
It  shall  further  be  unlawful  for  any  person,  firm  or 
corporation,  directly  or  indirectly,  to  ask,  demand  or 
accept  any  rebate,  drawback  or  other  device  whereby 
he  shall  obtain  telephone  service  for  any  less  rate 
than   that  charged   others  In  like   circumstances. 

Prejudice  or  disadvantage.  §  5.  It  shall  be  unlawful 
for  any  telephone  corporation,  doing  business  within  this 
State,  to  make  or  give  any  preference  or  advantage  to 
any  person,  company,  firm  or  corporation  or  locality,  or 
subject  any  person,  firm,  company,  corporation '  or 
locality  to  any  prejudice  or  disadvantage  In  any  respect 
whatever. 

Application  for  connection — Notice.  §  6.  Whenever  ap- 
plication shall  be  made  to  the  Michigan  Railroad  Com- 
mission by  any  party  in  Interest  to  order  the  physical 
connection  of  any  local  telephone  exchange,  operated 
by  any  person,  co-partnership  or  corporation,  with  the 
local  telephone  exchange  operated  by  any  other  person, 
co-partnership  or  corporation  in  the  same  city  or  vil- 
lage, the  said  commission  shall  give  due  notice  to  the 
respective  persons,  co-partnerships  or  corporations  own- 
ing or  operating  such  telephone  exchanges  of  a  hearing 


726 


National  Association  of  Railway  Commissioners 


to  be  had  upon  such  application,  and  such  hearing  shall 
be  conducted  In  the  manner  herein  prescribed  for  hearings 
of  complaints  under  the  provisions  of  this  Act;  and, 
after  such  hearing  and  such  other  investigation  made, 
either  by  itself  or  its  servants  and  agents,  said  Michi- 
gan Railroad  Commission  shall  determine,  by  its  order, 
duly  made  and  entered  upon  its  records,  whether  or  not 
Buch  physical  connection  is  required  by  the  public  ne- 
cessity or  convenience  In  the  case  brought  before  it  by 
such  applicatiop. 

Interchange  of  service — Division  of  expense.  If  said 
commission  shall  decide  that  such  connection  Is  so 
required,  the  telephone  companies  affected  by  such  order 
shall  furnish  and  maintain  all  reasonable  and  proper 
facilities  for  the  interchange  of  service  between  their 
respective  exchanges  affected  by  such  order,  Including 
all  necessary  trunk  lines,  switchboards,  wires,  aerial  or 
cable,  crossarms,  poles  or  other  fixtures;  all  necessary 
construction,  maintenance  and  equipment  to  be  built 
and  maintained  in  such  manner,  under  such  rules,  and 
with  such  division  of  expense  and  labor  as  shall  or  may 
be  required  or  provided  by  the  Michigan  Railroad  Com- 
mission. 

Switching  service — Compensation.  Every  telephone  cor- 
poration affected  by  such  order  Is  hereby  required  to 
perform  switching  service  for  any  other  telephone  cor- 
poration similarly  affected  by  connecting  its  lines  tem- 
porarily with  the  lines  of  the  other  telephone  corpora- 
tion, providing  for  the  direct  transmission  of  messages 
between  subscribers,  and  shall  request  the  connection 
of  its  lines  with  the  lines  of  the  other  telephone 
corporation  on  request  of  any  of  Its  subscribers.  Any 
telephone  corporation  which  is  required  to  perform 
switching  service  for  another  telephone  corporation 
under  the  terms  of  such  an  order  may  demand  and 
receive  as  compensation  for  such  service  the  sum  of 
five  cents  per  message  in  addition  to  the  regular  service 
charge,  if  any. 

Settlement  icith  terminal  companies — Subscribers  to  pay 
fee.  The  telephone  corporation  on  whose  line  or  lines 
messages  originate  shall  be  responsible  to  and  make 
settlement  with  the  terminal  companies  performing  the 
switching  service  for  it  on  its  request,  and  may  demand 
and  receive  from  its  subscribers  a  fee  of  five  cents 
per  message  in  addition  to  the  regular  service  charge, 
if  any,  for  all  messages  sent  by  it  to  other  telephone 
companies  on  request  of  such  subscribers  in  accordance 
with  the  provisions  of  this  Act.  Whenever  a  subscriber 
of  any  telephone  company  affected  by  such  order  of  the 
Michigan  Railroad  Commission  desires  to  talk  with  a 
subscriber  of  another  telephone  corporation  so  affected, 
who  is  connected  with  an  exchange  other  than  that  in 
the  city,  village  or  township  in  which  the  message 
originates,  the  switching  service  between  the  companies 
shall  be  done  at  whatever  point  may  be  designated  by 
said  railroad  commission. 

Switching  point  designated — Proviso,  consolidation.  The 
company  at  whose  exchange  messages  of  this  kind  origi- 
nate may  demand  and  receive  from  its  subscribers  the 
charge  for  switching  service  as  provided  above  in  addi- 
tion to  the  regular  toll  charges  of  the  companies  over  whose 
lines  or  afilliated  line  or  lines  the  messages  are  sent;  and 
the  division  of  commissions  and  toll  charges  shall  be  made 
between  the  companies  In  such  proportion  as  said  rail- 
road commission  may  designate:  Provided,  That  the  pro- 
visions of  this  section  in  regard  to  switching  charges  shall 
not  apply  when  two  or  more  competing  companies  in  any 
locality  shall  merge  or  consolidate  their  property  and  busi- 
ness in  such  locality  under  the  direction  of  the  said  rail- 
road commission  of  this  state,  or  when  one  competing  com- 
pany shall  sell  or  lease  its  plant,  property  and  business  to 
another  company  in  the  same  locality,  such  merger,  con- 
solidation, sale  or  lease,  if  with  the  approval  of  the  said 
railroad  commission,  being  hereby  declared  lawful. 

Rules  and  orders.  The  Michigan  Railroad  Commission 
may  make  all  such  reasonable  rules  or  orders  as  may  be 
reasonable  or  necessary  to  carry  out  the  intent  of  the  pro- 
visions of  this  section,  and  refusal  to  obey  such  rules,  or- 
ders or  provisions  of  this  section  shall  be  unlawful. 

Franchise  to  construct.  §  7.  Any  person,  co-partnership 
or  corporation  desiring  to  obtain  a  franchise  to  construct  a 
telephone   system   in   any   municipality   in   the    State   of 


Michigan  shall  apply  to  said  railroad  commission  for  a 
certificate  of  public  convenience  and  necessity,  and  said 
commission  may  grant  or  withhold  said  certificate  after  a 
public  hearing  and  investigation  upon  the  merits  of  the 
application  in  the  manner  provided  herein  for  the  holding 
of  public  hearings  and  investigation  on  complaint,  and  no 
such  person,  co-partnership  or  corporation  shall  be  granted 
a  franchise  in  any  municipality  in  the  State  of  Michigan 
to  construct  a  telephone  system  until  they  have  received 
a  certificate  of  public  convenience  and  necessity  herein 
provided  for. 

Complaints.  §  8.  The  said  commission  shall  have  au- 
thority to  hear  and  determine  the  complaints  of  any  per- 
son, firm,  association,  corporation,  body  politic  or  munici- 
pal corporation,  against  the  rates  and  charges  or  the 
service  rendered  or  facilities  furnished,  or  complaints  as 
to  service  withheld  or  refused  to  be  rendered,  furnished 
or  performed  by  persons,  firms  or  corporations  within  the 
terms  of  this  Act. 

Notice  before  rate  is  established.  §  9.  Before  any  rate 
shall  be  fixed  or  established  by  the  said  commission,  it 
shall  give  the  telephone  company  to  be  affected  thereby 
at  least  30  days'  notice  of  the  time  and  place  when 
and  where  a  hearing  will  be  given  said  telephone  compt.ny 
concerning  the  fixing  or  establishing  of  said  rate,  and  he 
commission  shall  have  the  power  to  compel  the  attendance 
of  witnesses  as  in  cases  arising  under  Act  number  300  of 
the  public  Acts  of  1909. 

Make  rules  to  govern  hearings,  etc.  §  10.  The  said  com- 
mission shall  have  the  power  to  adopt  rules  to  govern  its 
proceedings,  and  to  regulate  the  mode  and  manner  of  all 
investigations  and  hearings  of  telephone  companies  t  nd 
other  companies  before  it  in  the  establishment  of  rates, 
facilities,  charges,  service  and  other  Acts  required  of  It 
under  this  Act,  which  rules  shall  as  near  as  may  be  c  in- 
form to  the  practice  heretofore  established  under  j^ct 
number  300  of  the  public  Acts  of  1909. 

Testimony,  books,  etc.  §  11.  The  said  commission  si  all 
have  the  power  to  administer  oaths,  certify  to  all  oflit  ial 
acts  and  to  compel  the  attendance  of  witnesses  and  '  he 
production  of  papers,  books,  accounts,  documents  i  nd 
testimony. 

Actions  against  commission.  §  12.  Any  telephone  ci  m- 
pany  or  other  party  in  interest,  being  dissatisfied  with  t  ny 
order  of  the  commission  fixing  any  rate  or  rates,  charg  j8, 
Joint  rate  or  rates,  or  any  order  fixing  any  regulatio  is, 
practices  or  services,  may  within  30  days  from  he 
issuance  of  such  order  and  notice  thereof  commence  an 
action  in  the  Circuit  Court  in  chancery  against  the  c(  ra- 
mission  as  defendant  to  vacate  and  set  aside  any  si  ch 
order  on  the  ground  that  the  rate  or  rates,  charges,  Jc  nt 
rate  or  rates  fixed  are  unlawful  or  unreasonable,  or  t  lat 
any  such  regulation,  practice  or  service  fixed  in  such  or  ier 
is  unreasonable;  in  which  suit  the  commission  shall  be 
served  with  a  subpoena  and  a  copy  of  the  complaint.  T  he 
commission  shall  file  its  answer  and  on  leave  of  co  irt 
any  Interested  party  may  file  an  answer  to  said  compla  nt. 
Upon  the  filing  of  the  answer  of  the  commission  s  lid 
cause  shall  be  at  issue  and  stand  ready  for  hearing  uj  on 
10  days'  notice  by  either  party. 

Suits  to  have  precedence — Original  evidence.  All  si  lt« 
brought  under  this  section  shall  have  precedence  o  er 
any  civil  cause  of  a  different  nature  pending  in  such  coi.rt, 
and  the  Circuit  Court  shall  always  be  deemed  open  tor 
the  hearing  thereof,  and  the  same  shall  proceed,  be  tried 
and  determined  as  other  chancery  suits.  Any  party  to 
such  suit  may  introduce  original  evidence  in  addition  to 
the  transcript  of  evidence  offered  to  said  commission,  i  nd 
the  Circuit  Courts  in  chancery  are  hereby  given  jurisilic- 
tlon  of  such  suits  and  empowered  to  affirm,  vacate  or  set 
aside  the  order  of  the  commission  in  whole  or  in  part,  iind 
to  make  such  other  order  or  decree  as  the  courts  shall 
decide  to  be  In  accordance  with  the  facts  and  the  law. 

Injunctions.  §  13.  No  Injunction  shall  Issue  susp(  nd- 
ing  or  staying  any  order  of  the  commission,  except  u  )on 
application  to  the  Circuit  Court  In  chancery  or  to  the 
judge  thereof,  notice  to  the  commission  having  been  gi»en 
and   hearing  having   been   had   thereon. 

Evidence  at  trial — Modification  of  rates,  etc. — When  ac- 
tion dismissed— Judgment.  §  14.  If  upon  the  trial  of  fiald 
action  evidence  shall  be  introduced  by  the  complainant 
which  Is  found  by  the  court  to  be  different  from  that 


Public  Service  Laws 


727 


jffered  upon  the  hearing  hefore  the  commission  or  addi- 
tional thereto,  the  court,  before  proceeding  to  render  judg- 
ment, unless  the  parties  in  such  action  stipulate  in  writing 
to  the  contrary,  shall  transmit  a  copy  of  such  evidence  to 
the  commission  and  shall  stay  further  proceedings  in 
jaid  action  for  fifteen  days  from  the  date  of  such  trans- 
mission. Upon  receipt  of  such  evidence  the  commission 
shall  consider  the  same,  and  may  alter,  modify,  amend  or 
rescind  its  order  relating  to  such  rate  or  rates,  charges, 
joint  rate  or  rates,  regulations,  practice  or  service  com- 
plained of  in  said  action,  and  shall  report  its  action  thereon 
to  said  court  within  10  days  from  the  receipt  of  such 
svidence.  If  the  commission  shall  rescind  its  order  com- 
plained of  the  action  shall  be  dismissed;  if  it  shall  alter, 
modify  or  amend  the  same  such  altered,  modified  or 
imended  order  shall  take  the  place  of  the  original  order 
complained  of  and  judgment  shall  be  rendered  thereon  as 
though  made  by  the  commission  in  the  first  instance.  If 
the  original  order  shall  not  be  rescinded  or  changed  by  the 
3ommission,  judgment  shall  be  rendered  upon  such  original 
jrder. 

Appeal  to  Supreme  Court — Precedence.  %  15.  Either 
party  to  said  action  within  60  days  after  service  of  a 
Bopy  of  the  order  or  judgment  of  the  court,  may  appeal 
to  the  Supreme  Court,  which  appeal  shall  be  governed  by 
the  statutes  and  rules  of  court  governing  chancery  appeals. 
When  the  appeal  is  taken  the  case  shall,  on  the  return  of 
the  papers  to  the  Supreme  Court,  be  immediately  placed 
on  the  calendar  of  the  then  pending  term,  and  shall  be 
brought  to  a  hearing  in  the  same  manner  as  other  cases 
Ml  the  calendar,  or  if  no  term  is  then  pending  shall  take 
precedence  of  cases  of  a  different  nature,  except  criminal 
3ases,  at  the  next  term  of  the  Supreme  Court. 

Burden  of  proof.  %  16.  In  all  actions  under  this  section 
the  burden  of  proof  shall  be  upon  the  complainant  to  show 
by  clear  and  satisfactory  evidence  that  the  order  of  the 
commission  complained  of  is  unlawful  or  unreasonable,  as 
the  case  may  be. 

Annual  statement  to  railroad  commission.  §  17.  Each 
telephone  company  within  the  Sfate  Is  hereby  required 
to  make,  on  or  before  the  first  day  of  December  of  each 
S'ear  upon  blanks  to  be  furnished  by  the  Michigan  Rail- 
road Commission,  a  statement  of  its  income  and  expense 
tor  the  preceding  fiscal  year,  amount  of  stock  and  other 
securities  issued,  investment  in  exchanges,  toll  lines,  real 
3State  and  such  other  Information  as  said  commission  may 
require,  said  statement  to  be  made  under  the  oath  of  the 
president  and  secretary  of  the  company. 

Manner  and  form  of  accounts,  etc. — Proviso.  %  18.  The 
Michigan  Railroad  Commission  shall  have  the  power  and 
luthority  and  it  is  hereby  made  its  duty  to  prescribe  the 
manner  and  the  form  of  accounts,  records  and  memo- 
randa and  of  keeping  of  same,  and  It  shall  be  the  duty 
of  all  telephone  companies  within  the  State  to  keep  ac- 
counts, books  of  accounts,  records  and  memoranda  in  the 
manner  and  form  prescribed  by  the  said  commission,  and 
In  no  other  manner  and  form:  Provided,  however,  That 
no  such  regulations  shall  be  in  duplication  of  or  In  addi- 
tion to  any  regulations  covering  the  same  subject  matter 
made  by  the  government  of  the  United  States  or  any 
municipality  of  this  State. 

Schedule  of  rates  filed  with  railroad  commission — Fail- 
ure to  file.  §  19.  Each  telephone  company  *ithin  the 
State  shall  have  on  file  and  accessible  to  the  public  in  its 
principal  place  of  doing  business,  a  schedule  of  the  rates, 
charges  and  tolls  made,  charged  or  collected  by  said  com- 
pany for  service  rendered,  furnished  or  performed,  and 
for  joint  service  rendered,  furnished  or  performed  and 
at  its  exchange  or  toll  station  a  schedule  of  the  rates, 
charges  and  tolls  made,  charged  or  collected  by  said 
company  for  service  rendered,  furnished  or  performed,  and 
tor  joint  service  rendered,  furnished  or  performed  in  con- 
nection with  said  exchange  or  toll  station,  and  it  shall  be 
the  duty  of  each  telephone  company  within  the  State  to 
file  with  the  Michigan  Railroad  Commission  a  copy  of 
each  such  schedule.  It  shall  be  unlawful  for  any  telephone 
company  within  the  State  to  neglect  or  refuse  to  have  such 
schedule  on  file,  or  to  neglect  or  refuse  to  file  a  copy  of 
same  with  the  said  commission;  and  it  shall  be  unlawful 
for  any  telephone  company  within  the  State  to  make  any 
other  or  different  charge  for  service  than  that  shown  in 
said  schedule. 

Railroad  commission  to  furnish  rates.  §  20.  It  shall  be 
the  duty  of  the  Michigan  Railroad  Commission  to  furnish 


all  telephone  companies  within  the  State  a  copy  of  all 
rates,  charges  or  tolls  fixed  or  established  by  the  said 
commission. 

Penalty — How  collected.  §  21.  If  any  telephone  com- 
pany within  the  State  shall  violate  any  of  the  provisions 
of  the  Act,  or  shall,  30  days  after  the  establishing  or 
fixing  thereof,  have  failed,  neglected  or  refused  to  observe 
any  rate,  charge,  toll  or  order  fixed  or  established  by  the 
Michigan  Railroad  Commission,  unless  the  enforcement  of 
same  shall  have  been  enjoined  by  a  court  of  competent 
jurisdiction  or  shall  do  or  commit  any  other  thing  or  act 
in  this  Act  declared  to  be  unlawful,  or  shall  omit  to  do 
or  perform  any  act  or  thing,  the  omission  to  do  which  is  in 
this  Act  declared  to  be  unlawful,  such  telephone  company 
shall  forfeit  and  pay  to  the  State  of  Michigan  for  the  first 
offense  not  less  than  $50  nor  more  than  $1,000,  and  for 
each  subsequent  offense  shall  pay  not  less  than  $100 
nor  more  than  $2,000.  Any  penalty  herein  provided  for 
shall  be  collected  under  the  direction  of  the  attorney- 
general  in  an  action  of  assumpsit. 

Validity  of  Act — Construction.  §  22.  Every  provision  of 
this  Act,  every  section  and  every  part  of  every  section 
is  hereby  declared  to  be  independent  in  so  far  as  this 
relation  shall  be  necessary  to  the  validity  of  this  Act, 
and  the  fact  that  any  provision,  section  or  part  of  any 
section  is  void  shall  not  be  held  to  invalidate  any  other 
portion  of  this  Act. 

RIGHTS     OF     IIINORITY     STOCKHOLDKRS     IX     ELECTIO'     OF     BOARD 
OF    DIRECTORS. 

[Act  268  of  1911,  amending  Act  112  of  1885.] 
The  people  of  the  State  of  Michigan  enact: 

Directors  elected  by  cumulative  vote  —  Term  —  Social 
clubs  excepted.  §  1.  In  all  elections  for  directors  of  any 
corporation  organized  under  any  general  law  of  this  State, 
other  than  municipal,  insurance,  banking  corporations, 
building  and  loan  associations,  co-operative  savings  asso- 
ciations and  summer  resort  associations,  every  stock- 
holder shall  have  the  right  to  vote  in  person  or  by  proxy 
the  number  of  shares  of  stock  owned  by  him  for  as  many 
jlersons  as  there  may  be  directors  to  be  elected,  or  to 
cumulate  said  shares  and  give  one  candidate  as  many 
votes  as  will  equal  the  number  of  directors  multiplied 
by  the  number  of  shares  of  his  stock;  or  to  distribute 
them  on  the  same  principle  among  as  many  candidates 
as  he  shall  think  fit.  All  such  corporations  shall  elect 
their  directors  annually,  and  the  entire  number  of  directors 
shall  be  balloted  for  at  one  and  the  same  time,  and  not 
separately:  Provided,  That  the  by-laws  of  any  such  cor- 
poration shall  not  be  so  amended  as  to  reduce  the  number 
of  directors  of  such  corporation  in  case  the  votes  of  a 
sufficient  number  of  shares  are  recorded  against  such 
proposed  amendment,  which  if  cumulatively  voted  as  here- 
in provided  would  elect  one  or  more  directors,  where  the 
same  number  of  shares  if  cumulatively  voted  would  not 
be  sufficient  to  elect  the  same  number  of  directors  of 
the  reduced  board:  Provided  further.  That  associations 
formed  for  social,  yachting,  hunting,  boating,  fishing  and 
rowing  purposes,  under  Act  No.  22  of  the  public  Acts  of 
1883,  approved  April  10,  1883,  entitled  "An  Act  to  au- 
thorize the  formation  of  clubs  for  social  purposes,"  the 
same  being  §§  7733  to  7739,  both  inclusive,  of  the  com- 
piled laws  of  1897,  or  under  §  7667  of  the  compiled  laws 
of  1897,  may  elect  a  portion  of  their  directors  for  a  longer 
term  than  one  year,  as  may  be  provided  in  their  by-laws. 

TRANSPORTATION    OF    GAME    AND    BIRDS. 

[Extract  from  P.  A.  275  of  1911.] 
The  people  of  the  State  of  Michigan  enact: 

Property  of  State.  §  1.  All  wild  animals  and  wild  birds, 
both  resident  and  migratory  (native  and  Introduced), 
found  in  this  State,  are  hereby  declared  to  be  the  prop- 
erty of  the  State. 

Unlawful  to  kill.  §  2.  No  person  shall  at  any  time  of 
the  year  or  in  any  manner,  take,  pursue,  wound  or  kill 
any  wild  animal  or  wild  bird  mentioned  in  this  Act,  or 
any  introduced  game  animals  or  birds;  or  transport,  sell, 
offer  or  expose  for  sale,  or  have  the  same  In  possession, 
except  as  expressly  permitted  by  this  Act. 

Unlawful  to  ship.  §  4.  No  person,  company  or  corpora- 
tion shall  have  in  possession  or  under  control  any  of 
the  birds  or  animals  protected  by  the  laws  of  this  State, 
with  intent  to  ship  or  carry  the  same  beyond  the  limits 
of   this    State,   nor   shall   ship   or   carry,  or   intentionally 


728 


National  Association  of  Eailwat  Commissioners 


allow  or  aid  such  shipment  or  carrying  out  of  this  State, 
any  such  birds  or  animals,  except  as  expressly  provided 
by  law. 

Possession—When  unlawful.  §  10.  No  person,  company 
or  corporation  shall  have  in  possession  the  dead  body 
or  carcass  or  skin  or  any  portion  thereof,  of  any 
animal  or  bird  mentioned  or  referred  to  in  this  Act  during 
the  time  when  the  killing  of  such  animal  or  bird  is  unlaw- 
ful, except  as  authorized  by  law,  and  excepting  specimens, 
heads  or  pelts  prepared  or  mounted  tor  scientific  or  edu- 
cational purposes:  Provided,  however.  That  any  person 
may  have  in  his  possession  for  30  days  after  the  clos- 
ing of  the  season  any  game  or  birds  lawfully  killed  by 
him  during  the  open  season. 

Further  proviso  —  Transportation.  §10  (continued). 
Provided  further.  That  no  person,  corporation  or  transporta- 
tion company  shall  receive  for  transportation  or  have  in 
possession  at  the  initial  billing  station,  the  carcass  or  dead 
body  of  any  animal  or  bird  mentioned  or  referred  to  in 
this  Act,  after  48  hours  immediately  following  the  closing 
of  the  time  when  the  killing  of  said  animal  or  bird  is 
authorized  by  law:  Provided  further.  That  any  person  en- 
gaged in  rearing  any  of  the  game  animals  or  game  birds 
protected  by  law  within  an  inclosure,  may  kill  for  his  use 
and  consumption  at  any  time  any  of  the  said  animals  or 
birds,  and  may  sell  and  transport  alive  any  of  the  said  ani- 
mals or  birds,  and  may  sell  and  transport  without  the 
State  any  of  said  animals  or  birds  when  accompanied  by 
a  permit  from  the  State  game,  fish  and  forestry  warden; 
and  it  shall  be  the  duty  of  the  said  State  game,  fish  and 
forestry  warden  to  issue  permits  on  application,  when  satis- 
fied that  such  animals  or  birds  were  so  reared  within  an 
inclosure. 

Authority  to  issue  permits.  §  11.  The  State  game,  fish 
and  forestry  warden  is  hereby  given  authority  to  issue 
permits  for  the  sale  and  transportation,  either  within  or 
without  the  State,  of  deerskins  at  any  season  of  the  year, 
when  satisfied  that  the  animals  from  which  such  skins 
were  taken  were  killed  at  a  lawful  time  and  in  a  lawful 
manner;  each  hide  so  transported  or  sold  shall  have  at- 
tached to  it  the  original  license  tag  while  being  so  trans- 
ported or  sold,  unless  otherwise  authorized  by  the  State 
game,  fish  and  forestry  warden.  No  game  birds  shall  be 
shipped  by  express,  freight  or  baggage  or  in  any  other 
manner,  but  shall  be  carried  as  hand  baggage  only:  Pro- 
vided, however,  That  nothing  in  this  section  shall  apply 
to  the  interstate  carrying,  as  open  hand  baggage,  of  wild 
ducks  or  other  migratory  birds,  as  provided  for  in  §  8 
of  this  Act. 

Non-resident  hunters.  §  19.  Any  non-resident  hunter, 
who  by  the  laws  of  this  State  is  required  to  procure  a  non- 
resident hunter's  license,  and  who  does  procure  same,  may 
take  from  this  State  as  hand  baggage  a  number  of  any 
or  each  or  all  of  said  game  birds  equal  to  the  number  of 
said  birds  permitted  to  be  killed  by  him  under  said  license 
in  a  single  day,  excepting  as  otherwise  provided. 

QtTALIFICATIONS    OF    TELEGRAPH    OPERATOKS,    UAILBOAD    CONDUCT- 
ORS, ENGINEERS   AND  FLAGMEN. 

[P.    A.   187   Of  1911.] 

The  people  of  the  Btate  of  Michigan  enact: 

Affldavit  as  to  experience,  etc.  §  1.  Every  person  here- 
after employed  upon  any  steam  railroad  in  this  State  in 
the  capacity  of  locomotive  engineer,  conductor  or  flagman 
shall  file  in  the  office  of  the  Michigan  Railroad  Commission 
an  affidavit,  in  such  form  as  the  commission  may  prescribe, 
setting  forth  the  length  of  railroad  experience  of  the  per- 
son making  the  same,  and  for  what  company  or  companies 
and  in  what  capacity  performed. 

Engineers,  prior  experience.  §  2.  No  person  shall  run 
or  operate  any  locomotive  or  other  motor  power  upon  any 
railroad  in  the  State  of  Michigan  without  first  having 
served  three  years  as  fireman  prior  to  qualifying  for  freight 
service  and  two  years  as  a  freight  engineer  before  qualify- 
ing for  passenger  service. 

Conductors  who  may  act.  §  3.  No  person  shall  act  or 
engage  to  act  as  a  conductor  on  a  railroad  freight  train 
in  this  State  without  having  for  two  years  prior  thereto 
served  or  worked  in  the  capacity  of  a  brakeman '  or  con- 
ductor on  a  freight  or  passenger  train  on  a  line  of  road; 
nor  shall  any  person  act  or  engage  to  act  as  a  conductor 
on  a  passenger  train  in  this  State  without  having  for  one 


year  prior  thereto  served  or  worked  in  the  capacity  of 
conductor  of  a  freight  or  passenger  train  on  a  line  ( 
road. 

Telegraph  operators.  §  4.  It  shall  be  unlawful  for  ai 
common  carrier  by  railroad,  carrying  freight  or  passci,i,'f!' 
between  points  in  this  State,  to  employ  any  teli 
operator  who  has  not  had  at  least  30  days'  exp< 
in  the  handling  of  train  orders  under  the  tutorship  ot  h 
experienced  telegraph  operator  and  shall  have  attain* 
the  age  ot  nineteen  years. 

Flagmen.    §  5.    No  person  shall  act  or  engage  to  a- 
flagman  on  a  railroad  train  in  this  State  without  1 
for   three   months   prior   thereto   served   or   worked 
brakeman  on  a  freight  train  or  passenger  train  on  .»  ni 
of  road. 

§  6.    No  railroad  company  by  its  officers,  agents  or  pi 
ployes  shall  knowingly  engage  or  employ  any  per^ 
act  in  the  capacity  of  locomotive  engineer,  conduci 
flagman  in  violation  of  the  provisions  of  this  Act. 

Exceptions.  §  7.  Nothing  in  this  Act  shall  be  coniitri* 
as  applying  to  the  running  or  operating  of  enginjs, 
taking  said  engines  to  or  from  trains  at  division  termina 
by  engine  hostlers,  or  of  the  shifting  of  cars  or  makft 
up  trains  or  doing  any  work  appurtenant  thereto,  or  tnglj 
houses,  trams  or  freight  yards  by  switchmen  or  yanlme 
or  in  the  case  of  the  disability  of  an  engineer  or  i  co 
ductor  or  a  flagman  while  out  on  the  road  between  di  ■'"'^^ 
terminals,  or  in  case  of  relief  or  wrecking  trains,  ii 
of  accident   or  wreck. 

Negligence,  liability  for,  etc. — Compliance  with  Ai 
what  deemed.  §  8.  The  provisions  of  this  Act  sha  1  n 
apply  to  any  railroad  company  within  this  State  nc  r  tl 
receiver  or  lessee  thereof,  whose  line  of  railway  is  le 
than  30  miles  in  length,  nor  shall  anything  herein  co 
tained  relieve  any  railroad  company  from  the  negli  ;ett 
of  any  of  its  employes.  In  case  any  railroad  con  pai 
is  unable  to  hire  a  sufficient  number  of  men  havin  ;  tl 
experience  for  the  respective  positions  specified  it  th 
Act,  at  the  average  rate  of  wages  paid  by  said  con  pal 
during  the  next  preceding  year,  it  shall  be  deemed  ;  su 
stantial  compliance  with  this  Act  if  such  company  shl 
employ  from  among  such  men  as  are  available  thos(  ha 
Ing  the  highest  qualifications  as  to  experience  ai 
efficiency. 

Penalty.  §  9.  Any  person  who  shall  violate  any  <  t  t 
provisions  of  this  Act  shall  be  deemed  guilty  of  a  m: 
demeanor  and  shall  upon  conviction  be  punished  by  fli 
of  not  more  than  $100  or  confined  in  the  county  ja  1  n 
exceeding  90  days,  or  by  both  such  fine  and  imprison  nei 
in  the  discretion  of  the  court. 


II 


TBANSMISSION    OF    ELECTEICITY. 

[App.  May  19.  1909.] 

The  people  of  the  State  of  Michigan  enact: 

Control  of  transmission  of  electricity.  §  1.  Whei 
tricity  is  generated  or  developed  by  steam,  water  or  oth 
power  within  one  county  of  this  State,  and  transi  litt 
and  delivered  to  the  consumer  in  the  same  or  some  oth 
county,  then  the  transmission  and  distribution  of  ^""r 
In  or  on  the  public  highways,  streets  and  places,  a; 
rate  of  charge  to  be  made  to  the  consumer  for  th 
tricity  so  transmitted  and  distributed,  shall  be  subj  ci 
the  regulation  as  in  this  Act  provided. 

Michigan  Railroad  Commission.  §  2.  The  Michigai  Ra 
road  Commission,  hereinafter  referred  to  as  "the  co: 
mission,"  shall  have  control  and  supervision  of  the  bu 
ness  of  transmitting  and  supplying  electricity  as  ny 
tioned  in  the  first  section  of  this  Act. 

Right  to  use  of  highways.  §  3.  Any  person, 
corporation  engaged  or  organized  to  engage  in  anj* 
business  of  transmitting  and  supplying  electricity  i:\  oi 
or  more  counties  of  this  State  shall,  with  the  c('Q8e 
of  the  duly  constituted  city,  village  and  township  i 
thorities  of  thle  cities,  villages  and  townships  in  or  throuj 
which  it  operates  or  may  hereafter  propose  to  oi  erai 
have  the  right  to  use  the  highways,  streets,  alley?  ai 
other  public  places  of  such  cities,  villages  and  town 
Provided,  That  in  all  cases  each  transmission  liti. 
shall  have  insulation  and  conductivity  in  accordance  wi 
its  voltage.  In  case  it  has  or  procures  a  franchise  fro 
any  city,  village  or  township,  it  may  transact  a  local  bu 
ness  therein.    Nothing  herein  contained  shall  be  constru 


m 


a 


Public  Seuvice  Laws 


739 


to  impair  any  right  possessed  by  any  village  or  township 
to  the  reasonable  control  of  their  streets,  alleys  and  public 
places   in   all   matters   of  more   local   concern. 

Maps,  etc.,  to  bo  filed  with  commission.  §  4.  Before  any 
person,  firm  or  corporation  shall  erect  any  lines  for  the 
transmission  of  electricity  in  or  through  the  highways, 
streets  or  public  places  of  one  or  more  counties  of  this 
State,  such  corporation  shall  file  with  the  commission  a 
map  drawn  to  such  scale  as  the  commission  may  require, 
showing  the  route  or  routes  It  proposes  to  traverse  with  its 
lines,  the  height  from  the  ground,  which  at  highway  cross- 
ings shall  not  be  less  than  30  feet,  and  at  railroad  cross- 
ings shall  be  in  accordance  with  the  regulations  of  the 
commission  made  under  authority  of  law;  and  such  other 
information  as  the  commission  may  reasonably  require, 
together  with  certified  copies  of  each  consent  of  such 
cities,  villages  and  townships  as  it  has  procured  applicable 
to  such  proposed  line;  and  a  certified  copy  of  any  and 
all  franchises  under  which  it  proposes  to  transact  local 
business  In  the  several  municipalities.  Whenever  any 
such  person,  firm  or  corporation  proposes  to  extend  Its 
line,  a  similar  map  and  copies  of  such  consent  and 
franchise  as  it  has  secured  applicable  to  such  proposed 
extension  shall  be  filed. 

Power  and  duty  of  commission.  §  5.  The  commission 
ihal]  have  power  to  inspect  and  examine  all  such  electrical 
ipparatus  already  installed  in  any  public  highways,  streets 
jr  places,  and  all  such  apparatus  hereafter  Installed,  and 
:o  investigate  from  time  to  time  the  method  employed 
Dy  persons,  firms  or  corporations  transmitting  and  sup- 
plying electricity,  and  shall  have  power  to  order  such  im- 
provements in  such  method  as  It  shall  be  necessary  to 
secure  good  service  and  the  safety  of  the  public  and  of 
:hose  employed  In  the  business  of  transmitting  and  dls- 
ributing  such  electricity,  and  of  any  persons  liable  to  be 
njured  by  the  erection,  maintenance  and  use  of  such 
ipparatus. 

Same.  §  6.  The  commission  shall  have  power  in  its 
liscretion  to  order  electrffc  current  for  distribution  to  be 
lelivered  at  a  suitable  primary  voltage,  to  any  city,  vll- 
age  or  township  through  which  a  transmission  line  or 
Ines  may  pass;  prescribe  uniform  methods  of  keeping 
iccoimts  to  be  observed  by  all  corporations  engaged  in 
luch  business  of  transmitting  and  supplying  electricity, 
ind  to  keep  Informed  as  to  the  methods  employed  by 
hem  in  the  transaction  of  their  business;  and  to  see 
hat  their  property  Is  maintained  and  operated  for  the 
lecurity  and  accommodation  of  the  public  and  In  compli- 
ince  with  the  provisions  of  law.  It  shall  have  power  to 
equire  of  such  persons,  firms  or  corporations  annually 
I  verified  report  upon  such  form  and  giving  such  informa- 
lon  as  will  enable  the  commission  to  better  discharge 
he  duties  Imposed  upon  it  hereby. 

Complaints — Notice  of  hearing — Order  fixing  maximum 
irice.  §  7.  Upon  complaint  In  writing  by  any  city,  village 
r  township,  by  its  duly  constituted  common  or  village 
ouncil  or  township  board,  or  other  duly  constituted  au- 
hority  of  such  city,  village  or  township,  relative  to  tl¥9 
rice  of  the  electricity  sold  and  delivered  in  such  munlci- 
allty,  the  commission  shall  Investigate  such  complaint 
nd  may  by  Its  agents,  examiners  and  Inspectors,  Inspect 
he  system  and  method  used  in  transmitting  and  supply- 
ig  electricity,  and  examine  or  cause  to  be  examined  the 
ooks  and  papers  of  such  person,  firm  or  corporation  per- 
lining  thereto.  The  commission  shall  cause  notices  of 
uch  complaint,  with  a  copy  thereof,  to  be  served  on  the 
orporatlon  affected  thereby  who  shall  have  a  right  to  be 
eard  in  respect  to  the  matter  complained  of  at  a  con- 
enient  time  and  place  to  be  fixed  in  such  notice.  After 
uch  investigation  and  hearing,  the  commission  within 
iwful  limits  may  by  order  fix  the  maximum  price  of  elec- 
riclty  to  be  charged  by  such   corporation,  and  the  price 

0  fixed,  of  which  such  corporation  shall  have  notice,  shall 
e  the  maximum  price  in  such  municipality  until  the 
ommission  shall  upon  like  complaint  or  upon  the  com- 
laint  of  the  person,  firm  or  corporation  engaged  in  fur- 
ishing  such  electricity,  again  fix  the  maximum  price  to 
e  charged  therefor. 

Elements  considered  in  determination.    §  7  (continued). 

1  determining  such  maximum  price,  the  commission  shall 
onsider  and  give  due  weight  to  all  lawful  elements  proper 
3  be  considered  to  enable  It  to  determine  the  Just  and 
easonable  price  to  be  fixed  for  supplying  electricity  in 
uch   municipality,   including   cost,    reasonable   return   on 


actual  value  of  all  property  used  In  the  service,  deprecia- 
tion, obsolescence,  risks  of.  business,  value  of  service  to 
the  consumer,  the  connected  load,  the  hours  of  the  day 
when  used,  and  the  quantity  used  each  month:  Provided, 
however.  That  the  commission  shall  In  no  case  have  power 
to  change  or  alter  the  price  for  electricity  fixed  in  or 
regulated  by  or  under  any  franchise  heretofore  or  here- 
after granted  by  any  city,  village  or  township:  Provided 
further.  That  the  maximum  rate  so  fixed  shall  not  limit 
the  right  of  such  person,  firm  or  corporation  to  supply 
electricity  for  a  less  rate  If  it  charges  all  customers  at 
the  same  rate  for  electricity  simultaneously  used  under 
like  conditions.  No  corporation  or  person  engaged  in  the 
business  of  supplying  electricity  shall  be  entitled  to  have, 
receive  or  recover  a  greater  charge  for  electricity  sup- 
plied to  any  consumer  than  that  fixed  by  the  commission 
after  the  same  has  been  fixed  as  provided  herein.  The 
provisions  of  the  Act  governing  hearings  before  said  com- 
mission as  to  rates  for  transportation  of  freight  by  rail- 
roads shall  so  far  as  applicable  govern  the  hearings  be- 
fore said  commission  herein  provided  for. 

Compliance  with  orders — Penalty.  §  8.  Every  corpora- 
tion, its  ofiicers,  agents  and  employes,  and  all  persons  and 
firms  engaged  In  the  business  of  furnishing  electricity 
as  aforesaid  shall  obey  and  comply  with  every  lawful 
order  made  by  the  commission  under  the  authority  of 
this  Act,  so  long  as  the  same  shall  remain  In  force.  Any 
corporation  or  person  engaged  In  such  business,  or  offi- 
cer, agent  or  employe  thereof,  who  wilfully  or  knowingly 
fails  or  neglects  to  obey  or  comply  with  such  order  or 
any  provision  of  this  Act  shall  forfeit  to  the  State  of 
Michigan  not  to  exceed  the  sum  of  $300  for  each  offense. 
Every  distinct  violation  of  any  such  order  or  of  this  Act 
shall  be  a  separate  offense,  and  In  case  of  a  continued 
violation,  each  day  shall  be  deemed  a  separate  offense. 
An  action  to  recover  such  forfeiture  may  be  brought  in 
any  court  of  competent  jurisdiction  in  this  State  in  the 
name  of  the  people  of  the  State  of  Michigan,  and  all 
moneys  recovered  for  any  such  action,  together  with  the 
costs  thereof,  shall  be  paid  into  the  State  treasury  to  the 
credit  of  the  general  fund. 

Act  not  to  apply  to  telegraph,  etc.  §  9.  This  Act  shall 
not  apply  to  the  transmission  or  use  of  electricity  for  the 
purpose  of  conveying  Intelligence  by  telegraph,  telephone 
or  other  methods  now  or  hereafter  adopted  therefor. 

DELIVERY  OF  GRAIN". 

An    Act    relative    to    the    delivery    of   grain    by    railway 
companies. 

[App.  May  31,  1881.] 
The  people  of  the  State  of  Michigan  enact: 

Duty  of  railway  companies  relative  to  transporting 
grain.  §  5249.  §  1.  That  all  railway  companies  receiving 
or  transporting  grain  In  bulk,  or  otherwise,  shall  deliver 
the  same  to  any  consignee  thereof  or  to  any  elevator  or 
public  warehouse  to  which  it  may  be  consigned  for  a 
reasonable  compensation.  And  any  bill  of  lading,  receipt 
or  contract  releasing  such  railway  company  from  the 
responsibility  or  liability  to  deliver  the  same  amount  by 
weight  as  they  received  from  the  consignor,  shall  be  void:  - 
Provided,  Such  consignee,  or  the  elevator,  or  the  public 
warehouse  can  be  reached  by  any  track  owned,  leased 
or  used,  or  which  can  be  used  by  such  railway  company; 
and  all  railway  companies  shall  permit  connections  to  be 
made  with  their  track  so  that  any  consignee,  and  any 
elevator,  and  any  public  warehouse  may  be  reached  by 
the  cars  on  said  railway.  And  provided  further,  If  any 
such  corporation  shall,  upon  the  receipt  by  it  of  any  grain 
for  transportation,  neglect  or  refuse  to  weigh  and  receipt 
for  the  same,  the  sworn  statement  of  the  shipper,  or  his 
agent  having  personal  knowledge  of  the  amount  of  grain 
so  shipper,  shall  be  taken  as  prima  facie  evidence  of  the 
amount  shipped. 

CROSSIXGS. 

[App.  May  31,  1893.] 
The  people  of  the  State  of  Michigan  enact: 

Construction  of  crossings,  hy  whom  approved.  §  6349. 
§  1.  It  shall  hereafter  be  unlawful  for  any  railroad  com- 
pany to  construct  Its  tracks  across  the  tracks  of  any  street 
railroad,  or  for  any  street  railroad  company,  whether  op- 
erated by  horses,  cable,  electricity  or  other  motive  power, 
to  construct  Its  tracks  across  the  tracks  of  any  railroad 
company  or  across  the  tracks  of  any  other  street  railroad 
company  until  the  place  where  and  the  manner  in  which 


730 


National  Association  of  Railway  Commissioneks 


such   crossing  shall   be   made  shall  have  been  approved 
by  the  commission  of  railroads'  (railroad  commission). 
As  amended  by  Act  of  1905. 

Notice  to  be  given  in  loriting,  etc.  §  6350.  §  2  Any  rail- 
road company  or  street  railroad  company  desiring  to  make 
any  such  crossing  shall  give  the  company  whose  tracks 
are  to  be  crossed,  notice  in  writing  of  the  place  where 
and  the  manner  in  which  it  desires  to  make  such  cross- 
ing, and  the  place  where  and  the  time  when  it  will  apply 
to  the  commissioner  of  railroads  (railroad  commission) 
for  approval  thereof,  which  notice  shall  be  served  at  least 
10  days  before  the  hearing  of  the  proposed  application. 

Crossings  to  he  made  in  accordance  with  plans,  etc. 
§  6351.  5  3.  Such  crossings  shall,  in  all  cases  where  the 
commissioner  of  railroads  (railroad  commission)  deems 
it  reasonably  practicable,  be  made  otherwise  than  at 
grade,  and  in  accordance  with  plans  to  be  approved  by 
said  commissioner  (commission) ;  and  when  made  at  grade 
said  commissioner  (commission)  shall  prescribe  the  safe- 
guards which  shall  be  provided  by  the  company  desiring 
to   make  such  crossing,  to  prevent  accidents   thereat. 

Stringing  of  wires — Notice  to  6e  given,  etc.  §  6352.  §  4. 
It  shall  hereafter  be  unlawful  for  any  corporation  or  per- 
son to  string  any  wire,  electrical  or  other,  over  the  tracks 
of  any  railroad  company,  except  at  such  places  and  In 
such  manner  as  shall  be  approved  by  the  commissioner  of 
railroads  (railroad  commission),  and  any  corporation  or 
person  desiring  to  so  string  any  wire  shall  give  the  rail- 
road company  notice  in  writing  of  the  place  where  and 
the  manner  in  which  it  desires  to  string  the  same,  and 
the  place  where  and  the  time  when  it  will  apply  to  the 
commissioner  of  railroads  (railroad  commission)  for  his 
approval  as  above  required,  which  notice  shall  be  served 
at  least  10  days  before  the  time  of  hearing  of  such  ap- 
plication. 

Duty  of  commission,  etc.  §  6353.  §  5.  The  commis- 
sioner of  railroads  (railroad  commission)  shall,  as  soon 
as  possible  after  the  passage  of  this  Act,  examine  the 
crossings  of  the  tracks  of  railroads  and  street  railroads 
then  existing,  and  order  such  changes  made  in  the  man- 
ner of  such  crossings,  or  such  safeguards  for  protection 
against  accidents  to  be  provided  thereat,  as  in  his  judg- 
ment ought  to  be  so  made  or  provided;  and  shall  appor- 
tion any  expense  incident  thereto  between  the  companies 
affected  as  he  may  deem  just  and  reasonable. 

Commission  to  obtain  information,  etc.  §  6354.  §  6.  Said 
commissioner  (commission)  shall  also,  as  soon  as  possible 
after  the  passage  of  this  Act,  either  by  personal  examina- 
tion or  otherwise,  obtain  information  as  to  all  places 
where  the  tracks  of  railroads  are  crossed  by  wires  strung 
over  said  tracks,  and  wherever,  in  his  judgment,  such 
wires  should  be  raised  to  a  greater  height  or  other  thing 
done  with  reference  thereto,  to  guard  against  accidents, 


he  shall  order  such  change  or  changes  to  be  made,  an 
shall  apportion  any  expense  incident  thereto  between  th 
companies  or  persons  affected  as  he  may  deem  just  an 
reasonable:  Provided,  That  in  no  case  shall  the  heigl 
of  any  wire  strung  across  such  railroad  [tracks]  trac 
be  less  than  22  feet  from  the  established  grade  of  sai 
railroad  tracks. 

Duty  of  corporations.  §  6355.  §  7.  It  shall  be  the  dul 
of  every  corporation  and  person  to  whom  an  order  mad 
by  the  commissioner  of  railroads  (railroad  commissioi 
under  this  Act  shall  be  directed,  to  comply  with  such  ord« 
in  accordance  with  its  terms,  and  for  any  neglect  to  S 
comply,  and  for  any  violation  of  the  provisions  of  th! 
Act,  or  for  construction  of  any  such  crossing  before  ft 
same  shall  have  been  authorized  by  the  commissioner  < 
railroads  (railroad  commission),  any  such  corporation  < 
person  shall  be  liable  to  a  penalty  of  $250,  and  to  a  penall 
of  $100  for  every  10  days  during  which  said  neglect  sha 
continue,  or  during  which  such  crossing  shall  be  perniittt 
to  remain  in  existence  without  the  necessary  approve 
Any  such  penalty  may  be  recovered  in  an  action  « 
assumpsit  brought  in  the  name  of  the  people  of  this  ;3tat 
and  it  shall  be  the  duty  of  the  prosecuting  attorney  < 
the  proper  county  to  bring  any  such  action  at  the  requei 
of  the  commissioner  of  railroads  (railroad  commissicn). 

AUTOMATIC   COUPLERS. 

[App.  June  27,  1907.] 

The  people  of  the  State  of  Michigan  enact:  „^^ 

Unlawful  to  use  cars  without  automatic  coupler?. 
It  shall  hereafter  be  unlawful  for  any  common  c<  rri( 
owning  or  operating  any  portion  of  a  railroad,  whol  y  < 
partly  in  this  State,  to  haul  or  permit  to  be  hauh  d  < 
used  on  its  line  within  this  State,  any  car  used  in  mnvii 
traffic  not  equipped  with  couplers  coupling  automat  call 
by  impact,  and  which  can  be  uncoupled  without  the  t  ec« 
sity  of  men  going  between  the  ends  of  the  cars:  Pr 
vlded,  That  nothing  in  this  Act.  contained  shall  app  y  1 
trains  composed  of  four-wheelea  cars  or  to  trains  coi 
posed  of  eight-wheeled  standard  logging  cars,  wher(  tt 
height  of  such  car  from  top  of  rail  to  center  of  cou  ilir 
does  not  exceed  25  inches,  or  to  locomotives  used  in  lau 
ing  such  trains  when  such  cars  or  locomotives  ar  ■  e: 
cluslvely  used  for  the  transportation  of  logs. 

Penalty  for  violation.  %  2.  Any  such  common  C£  rrh 
hauling  or  permitting  to  be  hauled  or  used  on  its  Hi 
any  car  in  violation  of  the  provisions  of  this  Act  ;ha 
be  liable  to  a  penalty  of  not  more  than  $100  for  eac 
and  every  such  violation,  to  be  recovered  in  an  actii  n  ( 
assumpsit  brought  in  the  name  of  the  people  of  this  i  tat 
and  it  shall  be  the  duty  of  the  prosecuting  attorney  o  '  tl 
proper  county  to  bring  any  such  action  at  the  reque  (t  I 
the  commissioner   of   railroads    (railroad   commission  . 


PUBLIC  SERVICE  LAWS  OF  MINNESOTA 


CONSTITUTIONAL  PROVISIONS. 

Submission  of  laws  for  taxation  of  railroads.  §  32a. 
Any  law  providing  for  the  repeal  or  amendment  of  any  law 
or  laws  heretofore  or  hereafter  enacted,  which  provides  that 
any  railroad  company  now  existing  In  this  State,  or  operating 
Its  road  therein,  or  which  may  be  hereafter  organized, 
shall  In  lieu  of  all  other  taxes  and  assessments  upon  their 
real  estate,  roads,  rolling  stock,  and  other  personal  property, 
at  and  during  the  time  and  periods  therein  specified,  pay 
Into  the  treasury  of  this  State  a  certain  percentage  therein 
mentioned  of  the  gross  earnings  of  such  railroad  companies 
now  existing  or  hereafter  organized,  shall,  before  the  same 
shall  take  effect  or  be  in  force,  be  submitted  to  a  vote  of 
the  people  of  the  State,  and  be  adopted  and  ratified  by 
a  majority  of  the  electors  of  the  State  voting  at  the  election 
at  which  the  same  shall  be  submitted  to  them. 

State  credit  not  to  be  loaned.  §  10.  The  credit  of  the 
State  shall  never  be  given  or  loaned  in  aid  of  any  Indi- 
vidual, association  or  corporation.  Nor  shall  there  be  any 
further  Issue  of  bonds  denominated  "Minnesota  State  Rail- 
road Bonds,"  under  what  purports  to  be  an  amendment  to 
§  10  of  article  9  of  the  constitution,  adopted  April  15, 
1868,  which  Is  hereby  expunged  from  the  constitution,  sav- 
ing, excepting  and  reserving  to  the  State,  nevertheless,  all 


ai  leji 
ie™ 


rights,  remedies  and  forfeitures  accruing  under  said  ai  i 
ment. 

As  amended  November  6,  1860. 

Municipal  debts  in  aid  of  railroads.  §  14b.  The  le ; 
ture  shall  not  authorize  any  county,  township,  city  or  )th( 
municipal  corporation  to  issue  bonds  or  to  become  Ind  sbtt 
in  any  manner  to  aid  In  the  construction  or  equipmeat  ( 
any  or  all  railroads,  to  any  amount  that  shall  exceed  1 
per  cent  of  the  value  of  the  taxable  property  within  sue 
county,  township,  city  or  other  municipal  corporation:  tl 
amount  of  such  taxable  property  to  be  ascertained  and  d 
termined  by  the  last  assessment  of  said  property  ^ad 
for  the  purpose  of  State  and  county  taxation  prevl( 
the  Incurring  of  such  indebtedness. 

Adopted  November  5,  1872. 

Same.  §  15.  The  legislature  shall  not  authoiii 
county,  township,  city  or  municipal  corporation  to" 
bonds,  or  to  become  Indebted  in  any  manner,  to  aid  in  tl 
construction  or  equipment  of  any  or  all  railroads  to  an 
amount  that  shall  exceed  5  per  cent  of  the  value  of  th 
taxable  property  within  such  county,  township,  city  c 
other  municipal  corporation;  the  amount  of  such  taxab] 
property  to  be  ascertained  and  determined  by  the  last  ai 
sessment  of  said  property  made,  for  the  purpose  of  Stat 


II 

to'fflH 


Public  Service  Laws 


731 


and  county   taxation,   previous  to  the   incurring   of  sucli 
Indebtedness. 

Adopted  November  4,  1879. 

Special  methods  of  taxing  certain  corporations.  §  17. 
Tlie  legislature  may  impose,  or  provide  for  the  Imposition 
of,  upon  the  property  within  this  State,  of  any  and  all 
owners  or  operators,  whether  corporate  or  individual,  or 
otherwise,  of  any  and  all  sleeping,  parlor  and  drawing-room 
cars,  or  any  or  either  of  the  same,  which  run  in,  into  or 
through  this  State;  also  upon  the  property  within  this 
State  of  any  and  all  telegraph  and  telephone  companies, 
or  owners,  whose  lines  are  in,  or  extend  in.  Into  or 
through  this  State;  also  upon  the  property  within  this  State 
of  all  express  companies,  or  owners,  or  any  or  either  of 
the  same,  doing  business  in  this  State;  also  upon  the 
property  within  this  State  of  any  and  all  foreign  Insuranca 
companies  doing  business  in  this  State  of  any  kind;  also 
upon  the  property  within  this  State  of  all  owners  or  op- 
erators of  any  and  all  mines  or  of  mineral  ores  situated 
In  this  State;  also  upon  the  property  within  this  State  of 
all  boom  companies  or  owners,  and  of  all  ship  builders 
or  owners  doing  business  in  this  State  or  having  a  port 
therein  (provided,  that  this  Act  shall  not  apply  to  property 
owned  by  railroad  companies,  their  lands  and  other  prop- 
erty); and  upon  the  propert/  of  either  or  any  of  such 
companies  or  owners — a  tax,  as  uniform  as  reasonably  may 
be  with  the  taxes  imposed  upon  similar  property  in  said 
State,  or  upon  the  earnings  thereof  within  this  State,  but 
may  be  graded  or  progressive,  or  both,  and  in  providing 
for  such  tax,  or  in  providing  for  ascertaining  the  just  and 
true  value  of  such  property,  it  shall  be  competent  for  the 
legislature,  in  either  or  all  of  such  cases,  to  impose  such 
tax,  upon  any  or  all  property  thereof  within  this  State, 
and  in  either  case  by  taking  as  the  basis  of  such  imposition 
the  proportionate  business,  earnings,  mileage  or  quantity 
of  production  or  property  now  or  hereafter  existing  of  any 
such  companies,  persons  or  owners,  transacted  or  existing 
In  this  State,  in  relation  to  the  entire  business,  mileage  or 
quantity  of  production  or  property  of  such  companies,  per- 
sons or  owners  as  aforesaid;  or  in  such  other  manner,  or 
by  such  other  method,  as  the  legislature  may  determine; 
but  the  proceeds  of  such  taxes  upon  mining  property  shall 
be  distributed  between  the  State  and  the  various  political 
subdivisions  thereof  wherein  the  same  is  situated,  in  the 
same  proportion  as  the  proceeds  of  taxes  upon  real  prop- 
erty are  distributed:  Provided,  further,  that  nothing  In 
this  Act  contained  shall  operate  to  authorize  the  assess- 
ment or  taxation  of  any  farm  land  or  ordinary  business 
blocks  or  property  owned  by  any  such  corporation,  person, 
firm  or  company  except  in  the  manner  provided  by  the 
ordinary  methods  of  taxation. 

Adopted  November  3,  1896. 

Liability  of  stockholders.  §  3.  Each  stockholder  in  any 
corporation,  excepting  those  organized  for  the  purpose  of 
carrying  on  any  kind  of  manufacturing  or  mechanical 
business,  shall  be  liable  to  the  amount  of  stock  held 
or  owned  by  him. 

As  amended  November-  5,  1872. 

STATUTE  LAW. 

CHAPTEB   28,  REVISED   LAWS    OF   1905. 

Application  limited,  see  chapter  336,  G.  L.  1911,  p.  90, 
which  is  as  follows: 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 

SI.  That  the  provisions  of  §§2003,  2004,  2006,  2025, 
2026,  2027,  2028,  2029,  2030  and  2035  of  chapter  28,  Revised 
Laws  of  Minnesota,  1905,  chapter  173  of  the  General  Laws 
of  Minnesota,  1909,  and  chapter  382  of  the  General  Laws  of 
Minnesota,  1909,  shall  not  apply  to  any  railroad  company 
operating  mainly  for  the  purpose  of  handling  passengers, 
baggage,  express  and  mail,  and  operated  partly  over  a 
privately  owned  right  of  way  and  partly  over  highways, 
but  the  said  railway  companies  shall  furnish  just,  reason- 
able and  adequate  accommodation  and  service,  and  the 
railroad  and  warehouse  commission  of  this  State  is  hereby 
vested  with  power  and  authority  to  determine,  prescribe 
and  enforce  such  just  and  reasonable  regulations  for  and  of 
»uch  railway  companies. 

§  2.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage 

Approved  April  20,  1911. 

The  sections  referred  to  are  in  relation  to  platforms, 
sidings,  etc.,  and  are  given  below. 


Election,  etc.  §  1953.  The  general  supervision  of  rail- 
roads and  express  companies  doing  business  as  common 
carriers  and  of  public  warehouses  is  vested  in  a  board  of 
three  railroad  and  warehouse  commissioners,  which  shall 
be  known  as  the  "railroad  and  warehouse  commission." 
At  the  general  election  to  be  held  in  1912  there  shall  be 
one  commissioner  elected  for  a  term  of  four  years,  and 
one  commissioner  for  a  term  of  six  years  and  at  each 
biennial  election  thereafter  there  shall  be  one  commissioner 
elected  for  a  term  of  six  years  and  until  their  successorg 
qualify.     (1899,  c.  39,  s.  1;  as  amended  1911,  c.  140.) 

Vacancies.  §  1954.  Vacancies  in  the  commission  shall 
be  f.lled  by  the  governor  until  the  next  general  election, 
when  a  commissioner  shall  be  elected  for  the  unexpired 
term.       (1899,  c.  39,  s.  3.) 

Qualifications.  §  1955.  No  person  in  the  employ  of  any 
railroad  company  or  grain  warehouse  company,  or  who 
owns  stocks,  bonds,  or  other  property  therein,  shall  be 
eligible  as  a  commissioner;  nor  shall  any  such  commis- 
sioner, during  his  continuance  in  office,  be  interested  in 
any  such  stock,  bonds,  or  other  property,  or  in  any  contract 
for  the  construction,  repair,  or  maintenance  of  any  rail- 
road, or  accept  any  employment,  office,  or  retainer  under 
any  such  company,  or  participate  in  any  hearing  or  pro- 
ceeding in  which  he  has  a  pecuniary  interest.    (387c.) 

Oath — Bond — Salary.  §  1956.  Before  entering  upon  the 
duties  of  his  office,  each  commissioner  shall  take,  sub- 
scribe and  file  with  the  secretary  of  State  an  oath  as 
follows: 

"I  do  solemnly  swear  that  I  will  support  the  constitu- 
tion of  the  United  States  and  the  constitution  of  this  State, 
and  that  I  will  faithfully  discharge  my  duties  as  a  mem- 
ber of  the  railroad  and  warehouse  commission  of  the  State 
of  Minnesota,  according  to  the  best  of  my  ability,  and  that 
I  am  not  in  the  employ  of  or  holding  any  official  relation 
to  any  common  carrier  or  grain  warehouseman,  nor  am  I 
In  any  manner  interested  in  any  stock,  bonds,  or  other 
property  of  any  such  common  carrier  or  warehouseman." 

He  shall  also  give  a  bond  to  the  State,  to  be  approved 
by  the  governor,  in  the  sum  of  $20,000,  conditional  for 
the  faithful  performance  of  his  official  duties.  He  shall 
devote  his  entire  time  to  the  duties  of  the  office.  His 
salary  shall  be  $4,500  per  annum,  payable  in  the  same 
manner  as  that  of  other  State  officers.  (387d,  s;  397;  as 
amended  1911,  c.  140.) 

Removal.  §  1957.  Any  such  commissioner  may  be  re- 
moved by  the  governor  for  inefficiency,  neglect  of  duty,  or 
malfeasance  in  office;  but  before  removal  he  shall  be 
furnished  with  a  copy  of  the  charges  against  him,  and  have 
an  opportunity  to  be  heard  in  defense.    (1899,  c.  30,  s.  2b.) 

Quorum.  §  1958.  A  majority  of  the  commission  shall 
constitute  a  quorum,  and  the  act  or  decision  of  a  majority 
shall  be  deemed  the  act  or  decision  of  the  commission.  No 
vacancy  in  the  commission  shall  impair  the  authority  of 
the  remaining  members  to  exercise  all  the  powers  of  the 
commission.      (387b,  d.  f.) 

Secretary — Employes — Standing  appropriations.  §  1959. 
The  commission  shall  appoint  a  secretary,  not  a  member, 
and  such  additional  help  as  may  be  necessary  to  carry  out 
the  provisions  of  this  chapter  and  fix  their  compensation. 
The  secretary  shall  also  act  as  registrar.  He  shall  also 
take,  subscribe  and  file  an  oath  similar  to  that  required 
of  the  commissioners,  and  a  like  bond,  in  the  sum  of 
$10,000.  All  expenses  of  the  commission  and  its  employes, 
including  all  necessary  expenses  for  transportation  in- 
curred by  the  commissioners  and  their  employes,  under 
their  order,  in  making  any  investigation  or  performing  any 
other  duties  in  any  place  except  St.  Paul,  shall  be  allowed 
and  paid  by  the  State  on  presentation  of  itemized  vouchers 
therefor,  approved  by  a  member  of  the  commission  and  the 
State  auditor,  and  there  is  hereby  annually  appropriated 
for  the  use  and  purposes  of  the  commission  $30,000,  or 
so  much  thereof  as  may  be  necessary.  (397;  as  amended 
1911,  c.  140.) 

Attorneys.  §  1960.  The  attorney-general  shall  be  ex  of- 
ficio attorney  for  the  commission.  He  shall  institute  and 
prosecute  all  actions  which  the  commission  shall  order 
brought,  and  shall  render  the  commissioners  all  advice, 
counsel,  and  assistance  necessary  for  the  proper  per- 
formance of  their  duties.  The  county  attorney  of  any 
county  in  which  an  action  is  pending,  prosecuted,  or  de- 
fended by  the  direction  of  the  commission  shall  aid  in 
the  prosecution  or  defense  thereof  until  final  determination. 


733 


National  Association  of  Railway  Commissioners 


when  requested  by  the  commission.  When  necessary  the 
commission  may  employ  additional  counsel  to  assist  the 
attorney-general.     (387h.) 

Procedure  and  office.  §  1961.  The  commission  shall 
have  an  official  seal,  may  from  time  to  time  make  or 
amend  general  rules  or  orders  requisite  for  the  order  and 
regulation  of  proceedings  before  it,  including  forms  of 
notices  and  service  thereof,  which  shall  conform  as  nearly 
as  may  be  to  those  in  use  in  the  courts,  and  shall  conduct 
its  proceedings  in  such  a  manner  as  will  best  conduce 
to  the  proper  dispatch  of  business  and  to  the  ends  of 
justice.  Every  vote  and  official  act  of  the  commission  shall 
be  entered  of  record,  and  in  its  discretion,  or  upon  request 
of  any  party  interested,  its  proceedings  shall  be  public. 
The  principal  office  of  the  commission  shall  be  in  the  city 
of  St.  Paul,  but  it  may  hold  sessions  elsewhere  for  the 
convenience  of  parties  or  the  public,  or  to  prevent  delay 
or  save  expense.  It  may,  by  one  or  more  of  the  com- 
missioners, prosecute  any  inquiry  necessary  to  its  duties 
in  any  part  of  the  State.     (387f,  g.) 

Duties.  §  1962.  The  commission  shall  inquire  into  the 
management  of  the  business  of  all  carriers  and  ware- 
housemen subject  to  their  supervision,  and  shall  keep  it- 
self informed  as  to  the  manner  in  which  the  same  is 
conducted,  and  shall  obtain  from  such  carriers  and  ware- 
housemen all  information  necessary  for  the  performance 
of  its  duties.  One  of  their  number  shall  visit  the  stations 
on  the  lines  of  each  railroad  as  often  as  practicable,  giving 
20  days'  notice  in  the  local  newspapers  of  the  time  and 
place  of  each  visit,  and  personally  inquire  into  the  man- 
agement of  such  railroad  business,  and  at  least  once  each 
year  shall  visit  every  county  having  a  railroad  station, 
and  inquire  into  the  management  of  such  railroad  business. 
For  this  purpose  all  common  carriers  and  their  officers  and 
employes  are  required  to  furnish  such  commissioner  with 
reasonable  and  proper  facilities.  Each  commissioner,  in 
his  official  capacity,  shall  pass  free  on  all  railroad  trains, 
and  at  all  suitable  times  may  enter  and  remain  in  the  cars, 
offices,  or  depots  of  any  railroad  company;  and  whenever, 
in  the  judgment  of  the  commission,  any  common  carrier 
fails  in  any  respect  to  comply  with  the  law,  or  any  repairs 
are  necessary  upon  its  railroad,  or  any  reasonable  addition 
to  or  change  of  its  stations,  station  houses,  or  transfer 
facilities,  or  change  in  the  mode  of  operating  its  road  or 
conducting  its  business,  will  promote  the  security  or  con- 
venience of  the  public,  the  commission,  by  a  written  order, 
to  be  served  as  a  summons  in  civil  actions,  shall  require 
compliance  with  such  law,  or  the  making  of  such  repairs, 
additions,  or  change.  In  case  of  disobedience  of  said  order 
the  commission  may  cause  an  action  to  be  commenced 
for  the  enforcement  thereof.  (388a.) 
See  1905,  cc.  176,  279,  as  follows: 

CHAPTER   176. 

An  Act  giving  to  the  railroad  and  warehouse  commission 
jurisdiction  over  freight  rates  and  classifications,  and 
power  to  inspect  books  of  all  common  carriers  in  this 
State. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 
Carriers  to  prescribe  rates  and  rules.  §  1.  All  com- 
mon carriers  subject  to  the  laws  of  this  State  shall  have 
the  right  in  the  first  instance  to  prescribe  and  publish,  as 
required  by  law,  all  classifications  and  tariffs,  rates  and 
charges,  together  with  rules  governing  the  same,  includ- 
ing minimum  weights  for  the  transportation  of  any  freight 
articles  between  points  or  stations  in  the  State  of  Minne- 
sota; this  Act  shall  include  all  terminal  and  switching 
charges.  There  shall  be  but  one  classification,  which  shall 
be  uniform  on  all  the  railroads  in  this  State  and  shall 
govern  in  all  State  commerce. 

To  post  changes.  §  2.  In  addition  to  the  present  re- 
quirements for  publishing  tariffs,  rates,  charges  and  classi- 
fications, all  common  carriers  in  this  State  shall,  whenever 
any  new  tariff  or  classification  or  any  amendment  to  any 
tariff  or  classification  is  published  either  by  itself  or  the 
commission,  post  In  a  conspicuous  place  in  every  depot 
where  the  public  would  be  affected,  a  notice  printed  in 
large  legible  type,  stating  that  changes  have  been  made, 
indicating  upon  what  articles  or  commodities,  and  where 
the  new  tariff  classification  or  amendment  may  be  seen. 

No  changes  without  consent  of  commission.  §  3.  The 
schedule  of  rates  and  charges  for  the  transportation  of 
freight  and  cars,  together  with  the  classification  of  such 


I    ne 
ec  :e* 

11 


freights;  minimum  weights  and  rules  now  in  effect,  and  all 
rates,  charges  and  classifications  published  by  any  common 
carrier  after  the  passage  of  this  Act  shall  be  deemed  just 
and  reasonable  and  shall  not  be  changed  except  upon  the 
order  of  or  by  the  written  consent  of  the  railroad  and 
warehouse  commission,  hereafter  called  the  commission. 
The  terms  of  this  Act  shall  also  apply  to  all  schedules 
of  rates  and  charges  published  by  two  or  more  common 
carriers  jointly. 

Reduced  rates  for  United  States  or  the  State.  S  4. 
Nothing  in  this  Act  shall  apply  to  the  carriage,  storage  or 
handling  by  any  common  carrier,  of  property  free  or  at 
reduced  rates,  for  the  United  States  or  the  State  of  Minne- 
sota, or  for  any  municipal  government  or  corporation 
within  the  State,  or  for  any  church,  religious  society  or 
charitable  purpose,  or  to  or  from  fairs  or  expositions,  or 
for  stock  breeding  purposes,  or  for  carrying  seed  grain. 

Application  iy  carrier  for  change.  §  5.  Any  common 
carrier  desiring  to  change  or  discontinue  any  publisaed 
rate,  charge  or  classification,  minimum  weight  or  rule 
governing  the  same  to  which  it  is  a  party,  shall  make  ap- 
plication to  the  commission  in  writing,  stating  the  changes 
m  rules,  rates,  charges  or  classifications  desired,  giving  the 
reasons  for  such  change.  Upon  receiving  such  application, 
the  commission  shall  fix  a  time  and  place  for  hearing,  and 
give  such  notice  to  interested  parties  as  It  shall  deem 
proper  and  reasonable,  and  after  hearing  all  the  evideice 
offered,  if  the  comniisslon  find  that  It  is  reasonable,  fair 
and  just  to  both  shippers  and  carriers,  that  the  change 
should  be  allowed  as  asked  for,  it  shall  grant  the  appl:  ca- 
tion; otherwise  it  shall  deny  the  same,  or  may  grant  he 
same  in  a  modified  form.  Passenger  rates  are  not  affeq;g 
by  this  Act. 

Emergency  rates.  §  6.  Upon  the  application  of 
carrier  or  carriers  to  the  railroad  and  warehouse  C(  m" 
mission,  stating  that  they  desire  to  put  in  an  emerge)  cy 
rate  for  the  protection  of  the  interests  of  such  can  ier 
or  shippers,  the  commission  may  before  such  rate  is  est  ib- 
llshed  and  without  the  notice  and  hearing  required  by 
§  5,  authorize  the  restoration  of  the  rates  existing  at  he 
time  of  such  application  and  fix  the  time  within  wh  ch 
such  restoration  may  be  made,  and  the  time  so  fixed  n  ay 
be  extended  in  the  discretion  of  the  commission  as  he 
circumstances  of  the  case  may  require.  Nothing  in  t  lis 
Act  shall  be  held  In  any  way  to  limit  or  modify  the  rig  its 
and  powers  of  the  commission  to  investigate,  inquire  ii  to, 
prescribe  and  publish  what  it  may  deem  to  be  just  i  nd 
reasonable  rates,  charges  and  classifications  to  gov-  rn 
common  carriers  in  this  State. 

Penalty  for  violation.  §  7.  Any  common  carrier  vio  at- 
ing  any  of  the  provisions  of  §§  2,  3,  and  5  of  this  Act,  stall 
be  subject  to  a  penalty  of  $100  for  each  and  every  day  si  ch 
violation  shall  continue,  to  be  recovered  In  a  civil  act  on 
In  the  name  of  the  State  of  Minnesota  by  the  attorn  sy- 
general. 

Commission  to  make  examination  of  books,  etc.  §  8.  I  is 
hereby  made  the  duty  of  the  commission  to  keep  its  elf 
informed  as  to  whether  common  carriers  in  this  State  ire 
granting  rebates  or  in  other  particulars  are  failing  to  c(  m- 
ply  with  the  laws  of  this  State.  For  this  purpose  powei  is 
hereby  conferred  on  the  commission  or  its  agent  to  at  i  ny 
proper  time  make  thorough  and  full  examination  of  all 
books,  vouchers,  papers  and  accounts  of  any  and  all  cim- 
mon  carriers  of  this  State.  Any  oflicer,  agent  or  employe 
of  any  railroad  company  in  charge  of  such  books,  vouch- 
ers, papers  and  accounts,  who  shall  fail  or  refuse  to  sub:  alt 
the  same  for  examination  of  the  commission  or  Its  ag(  nt, 
shall  be  guilty  of  a  misdemeanor.  The  provisions  of  this 
section  shall  in  no  way  Interfere  with  the  duties  of^ij 
public  examiner. 

Repeal.     §  9.     All  Acts  and  parts  of  Acts  inconsli 
with  this  Act  are  bereby  repealed. 

When  in  effect.     §  10.    This  Act  shall  take  effect 
be  in  force  from  and  after  its  passage. 

Approved  April  14,  1905. 

PKOSECDTION    OF    SUITS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 
Commission  may  appear  before  I.  C.  C.  §  1.  Whenever 
a  resident  of  this  State  shall  file  with  the  State  railroad 
and  warehouse  commission  a  petition  directed  to  the  Inter- 
state Commerce  Commission  of  the  United  States,  charging 


bis 

I 

I 


p 


Public  Service  Laws 


733 


any  railroad  company  or  other  common  carrier  doing  busi- 
ness in  this  State,  engaged  in  Interstate  transportation  of 
freight,  with  any  violation  of  the  Interstate  Commerce  Act 
of  the  United  States,  setting  forth  in  such  petition  the 
facts  constituting  such  violation,  said  railway  commis- 
sion, if  they  deem  the  matter  one  of  public  Interest,  shall 
file  said  petition  with  said  Interstate  Commerce  Commis- 
sion and  thereupon  shall  appear  in  said  matter  in  the  place 
of  said  petitioner  and  thereafter  prosecute  the  same  at  the 
expense  of  the  State. 

Commission  may  6e  suhstituted  as  plaintiff.  §  2.  When- 
ever any  matter  shall  be  pending  before  the  Interstate 
Commerce  Commission  of  the  United  States,  between  a 
resident  of  this  State  as  petitioner,  and  any  railroad  com- 
pany or  other  common  carrier  doing  business  in  this  State 
and  engaged  in  Interstate  transportation  of  freights,  charg- 
ing such  carrier  with  any  violation  of  said  Interstate  Com- 
merce Act,  upon  application  of  the  petitioner  in  said  mat- 
ter, the  State  railroad  and  warehouse  commission,  in  case 
they  deem  the  questions  Involved  In  said  matter  of  public 
Interest,  may  appear  therein  and  be  substituted  as  a  party 
In  place  of  such  petitioner  and  thereafter  such  matter 
shall  be  prosecuted  by  such  commission  at  the  expense  of 
the  State  in  the  same  manner  as  though  originally  begun 
by  it. 

When  in  effect.  §  3.  This  Act  shall  take  effect  and  be 
In  force  from  and  after  its  passage. 

Approved  April  18,  1905. 


AUTOMATIC    COUPLERS. 

Be  it  enacted  ty  the  legislature  of  the  State  of  Minnesota: 
Cars  must  be  equipped  with  automatic  couplers.  §  1. 
That  on  and  after  the  first  day  of  July,  1908,  it  shall  be 
unlawful  for  any  railway  company  or  common  carrier  In 
moving  freight  between  points  in  the  State  to  haul  or  per- 
mit to  be  hauled  or  used  on  its  line  any  car  not  equipped 
with  couplers  coupling  automatically  by  Impact  and  which 
can  be  uncoupled  without  the  necessity  of  men  going  be- 
tween the  ends  of  the  cars. 

And  with  grab-irons.  %  2.  That  on  and  after  the  first 
day  of  July,  1908,  it  shall  be  unlawful  for  any  railway 
company  or  common  carrier  in  moving  freight  between 
points  in  the  State  to  use  any  car  that  Is  not  provided 
with  secure  grab-irons  or  hand-holds  in  the  ends  and 
sides  of  each  car  for  the  greater  security  to  men  in  coupling 
and  uncoupling  cars. 

And  toith  power  brakes  operated  by  the  engineer.  §  3. 
That  it  shall  be  unlawful  for  any  railroad  doing  business 
In  the  State  of  Minnesota  to  use  on  its  line  any  locomotive 
In  the  moving  of  its  trains  not  equipped  with  power, 
driving  wheel,  brakes  and  appliances  for  operating  the 
train  brake  system  or  to  run  any  train  over  its  road  that 
has  not  75  per  cent  of  the  cars  in  such  train  equipped 
with  power  or  train  brakes,  and  having  the  brakes  used 
and  operated  by  the  engineer  of  the  locomotive  drawing 
such  train,  and  all  power  brake  cars  In  such  train  shall 
be  associated  together  and  have  their  brakes  used  and 
operated.  Provided,  that  this  section  shall  not  apply 
the  handling  of  trains  or  cars  in  yard  service,  or  to  a 
local  train  while  engaged  In  performing  switching  service. 
(As  amended  1909,  s.  488.) 

And  with  drawbars  of  standard  height.  §  4.  That  It 
shall  be  unlawful  for  any  railroad  doing  business  In  the 
State  of  Minnesota  to  use  any  locomotive,  tender,  car  or 
similar  vehicle  used  in  tha  movement  of  State  traffic,  that 
Is  not  provided  with  drawbars  of  standard  height,  to-wlt: 
Standard  gauge  cars,  34i^  inches;  narrow  gauge  cars,  26 
Inches,  measured  perpendicularly  from  the  level  of  the  tops 
of  the  rails  to  the  center  of  the  drawbars;  the  maximum 
variation  from  such  standard  heights  between  drawbars 
of  empty  and  loaded  cars  shall  be  3  inches.  (As  amended 
1909,  c.  488.) 

Passenger  cars.  §  5.  That  the  provisions  of  §§  1,  3. 
and  4  of  this  Act,  shall  also  apply  to  locomotives,  cars 
and  trains  used  in  passenger  traffic  in  the  State  of  Minne- 
sota, in  so  far  as  the  same  are  applicable  to  the  vehicle 
used  in  passenger  train  traffic.    (As  amended  1909,  c.  488.) 

Gars  from  connecting  lines.  §  6.  That  any  such  com- 
mon carrier  may  refuse  to  receive  from  connecting  lines 
or  from  any  shipper  any  car  not  equipped  in  accordance 
with  the  foregoing  sections  of  this  Act.  (As  amended 
1909,  c.  488.) 


Contributory  negligence — Assumption  of  risk.  §  7.  That 
any  employe  of  any  such  common  carrier  who  may  be 
killed  or  injured  by  any  locomotive,  tender,  car,  similar 
vehicle,  or  train,  in  use  contrary  to  the  provisions  of  this 
Act,  shall  not  be  deemed  thereby  to  have  assumed  the 
risk  thereby  occasioned,  although  continuing  in  the  em- 
ployment of  such  carrier  after  the  unlawful  use  of  such 
locomotive,  tender,  car,  similar  vehicle,  or  train  has  been 
brought  to  his  knowledge,  nor  shall  such  employe  be  held 
to  have  contributed  to  his  injury  in  any  case  where  the 
carrier  shall  have  violated  any  provision  of  this  Act,  when 
such  violation  contributed  to  the  death  or  Injury  of  such 
employe.     (As  amended  1909,  c.  488.) 

Power  of  commission.  §  8.  The  railroad  and  warehouse 
commission  of  Minnesota  may  from  time  to  time  after  full 
hearing  and  for  good  cause  shown,  increase  the  minimum 
percentage  of  cars  in  a  train  required  to  be  operated  by 
power  or  train  brakes,  and  a  failure  to  comply  with  any 
requirement  of  said  commission  shall  be  subject  to  a  like 
penalty  as  a  failure  to  comply  with  any  requirement 
of  this  Act.  The  said  railroad  and  warehouse  commission 
of  Minnesota  is  hereby  authorized  to  grant  to  any  common 
carrier  subject  to  this  Act,  upon  full  hearing  and  for 
good  cause  shown,  a  reasonable  extension  of  time  in  which 
to  comply  with  tlie  provisions  of  this  Act.  Provided,  that 
in  no  case  shall  such  extension  or  extensions  in  the  ag 
gregate,  exceed  the  period  of  18  months  from  and  after 
the  approval  of  this  Act.      (As  amended  1909,  c.  488.) 

Penalty  for  violation.  §  9.  That  every  railroad  or  the 
receiver  thereof,  using  or  permitting  to  be  used  on  Its 
line,  or  to  be  hauled  on  its  line,  any  locomotive,  tender, 
car  or  similar  vehicle  or  train  in  violation  of  any  of  the 
provisions  of  this  Act,  shall  be  liable  to  the  State  of  Minne- 
sota for  a  penalty  of  $100  for  each  offense,  and  such  pen- 
alties shall  be  recovered  in  a  suit  brought  in  the  name 
of  the  State  of  Minnesota!  in  any  court  having  jurisdic- 
tion thereof,  in  any  county  in  or  through  which  such  line 
of  railroad  may  run,  by  the  attorney-general  of  the  State, 
or  under  his  direction,  or  by  the  county  attorney  in  any 
county  in  or  through  which  such  line  of  railroad  may  be 
operated.  All  fines  and  penalties  recovered  by  the  State 
under  this  Act  shall  be  paid  Into  the  treasury  of  the  State 
of  Minnesota.  Provided,  that  nothing  in  this  Act  contained 
shall  apply  to  locomotives,  tenders,  cars  or  similar  vehicles 
or  trains  when  the  height  of  the  drawbars  on  such  loco- 
motives, tenders,  cars,  similar  vehicles  or  trains  does  not 
exceed  25  inches  in  height  or  any  of  which  are  In  actual 
use  in  interstate  commerce. 

Commission  to  enforce  Act.  §  10.  It  shall  be  the  duty 
of  the  railroad  and  warehouse  commission  to  have  this 
law  enforced. 

When  in  effect.  §  11.  The  amendments  to  this  Act  shall 
take  effect  and  be  enforced  from  and  after  July  1,  1909. 

Approved  April  15,  1907. 


ENFORCEMENT  OF  BATES. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 
Proceeding  to  enforce  established  rates.  §  1.  Whenever 
any  common  carrier  doing  business  in  this  State  shall 
fail  or  refuse  to  adopt  and  put  into  effect  any  rates  pre- 
scribed by  the  statute,  or  any  rates  prescribed  by  an  order 
of  the  railroad  and  warehouse  commission  after  the  time 
for  appeal  from  such  order  has  expired,  and  such  rates  have 
by  the  terms  of  such  law  or  order  become  effective,  it  shall 
be  the  duty  of  the  attorney-general  to  forthwith  commence 
appropriate  proceedings  for  and  in  the  name  of  the  State 
for  the  enforcement  of  the  law  or  the  order  prescribing 
such  rates  in  the  District  Court  of  Ramsey  County  or  in 
the  District  Court  of  any  county  in  which  such  common 
carrier  has  an  agent  or  station,  or  in  which  its  said  busi- 
ness is  carried  on,  and  during  the  pendency  of  such  pro- 
ceedings— or  during  the  pendency  of  any  proceedings  in- 
stituted in  any  court  having  jurisdiction  by  or  on  behalf 
of  such  common  carrier  to  resist  the  enforcement  of  such 
law  or  such  order,  it  shall  be  the  duty  of  every  such 
common  carrier  to  keep  a  correct  account  of  every  charge 
made  by  it  for  any  service  to  which  such  rates  apply  in 
excess  of  the  rates  so  prescribed,  showing  in  each  case 
the  difference  between  the  amount  actually  charged  and  the 
amount  allowed  to  be  charged  under  such  rates,  the  date 
of  the  transaction,  the  stations  between  which  the  business 
was  carried  and  the  names  and  addresses  of  the  con- 
signor and  consignee. 


734 


National  Association  of  Railway  Commissioners 


Carrier  to  make  monthly  reports.  §  1  (continued). 
Every  such  common  carrier  shall,  on  or  before  the  tenth 
day  of  each  month,  report  such  information  In  full,  cover- 
ing the  business  of  the  preceding  month,  to  the  railroad 
and  warehouse  commission,  and  said  commission  shall 
carefully  preserve  such  information  in  its  office. 

Carrier  to  refund  overtharge.  §  2.  Within  60  days 
after  such  judicial  proceedings,  brought  to  enforce  or  to 
resist  the  enforcement  of  such  rates,  are  ended  by  the  entry 
of  final  judgment  therein — unless  by  such  judgment  said 
rates  are  found  to  be  unlawful — every  such  common  car- 
rier shall  pay  to  said  railroad  and  warehouse  commission 
for  the  benefit  of  the  parties  entitled  thereto,  all  sums 
so  charged  and  collected  by  it  on  the  business  to  which 
such  rates  apply,  in  excess  of  the  rates  so  prescribed  with 
lawful  Interest  thereon  from  the  date  when  each  Item 
thereof  was  received,  and  it  shall  thereupon  be  the  duty 
of  said  railroad  and  warehouse  commission  to  pay  such 
money  with  said  interest  to  the  person,  firm  or  corpora- 
tion by  or  for  whom  the  same  was  paid  to  such  common 
carrier,  and  for  the  purposes  of  this  Act  the  person  holding 
the  original  receipted  freight  bill  showing  the  payment 
thereof  to  such  common  carrier  shall  be  taken  to  be  the 
person  entitled  to  so  receive  such  money. 

Procedure  to  enforce  refund.  §  3.  If  any  common  car- 
rier affected  by  such  rates  shall  fail  or  refuse  to  pay  to 
the  railroad  and  warehouse  commission  within  the  time 
aforesaid  all  moneys  so  collected  by  it  in  excess  of  the 
amount  lawfully  collectible  under  the  rates  so  prescribed 
or  to  file  with  the  said  commission  'within  said  time  the 
written  release  of  his  claim  signed  by  the  person  entitled 
to  such  restitution,  it  shall  be  the  duty  of  the  railroad  and 
warehouse  commission  to  report  such  default  of  such  com- 
mon carrier  to  the  attorney-general,  who  shall  thereupon 
bring  an  action  in  the  name  of  the  State  of  Minnesota  for 
the  benefit  of  the  parties  having  paid  such  overcharges,  to 
recover  the  same  from  such  common  carrier,  and  it  shall 
have  the  exclusive  right  to  sue  for  and  collect  such 
money  of  said  common  carrier,  and  in  such  action,  in  ad- 
dition to  the  aggregate  amount  of  such  excess  charges  and 
interest,  the  court  shall  allow  10  per  cent  thereof  additional 
as  a  penalty.  All  persons  entitled  to  any  part  of  such 
money  shall  file  their  claims  therefor  within  one  year  from 
the  time  when  the  litigation  involving  the  validity  of  said 
rates  is  ended.  And  all  amounts  paid  to  or  recovered  by 
the  railroad  and  warehouse  commission,  not  so  claimed, 
Bhall  be  paid  into  the  State  treasury  to  the  credit  of  the 
general  revenue  fund. 

Misdemeanor  to  fail  to  keep  accounts.  §  4.  Every  com- 
mon carrier  and  the  officers  and  agents  thereof  whose  duty 
It  is  to  make  collections  of  any  such  rates  and  keep  the 
accounts  thereof,  who  shall  wilfully  fail  or  neglect  to  keep 
such  accounts  as  are  herein  provided  for,  or  who  shall 
make  any  intentional  false  account,  entry  or  report  in 
reference  thereto,  or  who  shall  fail  to  make  the  reports 
herein  provided  to  be  made  to  said  railroad  and  warehouse 
commission,  shall  be  guilty  of  a  misdemeanor. 

Repeal.  §  5.  All  provisions  of  law  prescribing  any 
other  procedure  for  the  enforcement  of  any  rate  or  schedule 
of  rates  that  have  been  heretofore  or  may  be  hereafter 
prescribed  either  by  Act  of  the  legislature  or  by  any 
order  of  the  railroad  and  warehouse  commission  applying 
to  the  intrastate  business  of  any  common  carrier  doing 
business  in  this  State  or  prescribing  any  penalty  for  the 
failure  of  any  common  carriers  to  put  any  such  rates  Into 
effect  are  hereby  repealed,  but  the  court  In  which  pro- 
ceedings for  the  enforcement  of  such  rates  may  be  pending 
may  impose  penalties  for  disobedience  to  its  orders  made  In 
such   proceedings  as   for  contempt. 

When  in  effect.  §  6.  This  Act  shall  take  effect  and  be 
In  force  from  and  after  Its  passage  and  shall_apply  after 
10  days  from  the  date  of  its  passage  to  all  rates  heretofore 
prescribed  in  this  State,  which  have  not  been  put  Into 
effect. 

Approved  April  13,  1909. 

SAFETY  APPLIANCES. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 
Commission  may  require  installation  of  interlocking  de- 
vices. §  1.  That  whenever  in  the  judgment  of  the  railroad 
and  warehouse  commission  it  is  necessary  for  the  public 
Bafety,  said  commission  may  require,  at  all  railroad  cross- 
ings, junctions  and  drawbridges  in  said  State,  the  estab- 


lishment of  interlocking  devices,  or  such  other  safety  ap- 
pliances as  are  necessary  for  the  protection  and  safety  of 
the  traveling  public. 

Where  two  or  more  railroad  companies  are  Interested, 
the  division  of  the  expense  of  installing,  maintaining  and 
operating  said  interlocking  plant  or  safety  device  shall 
be  agreed  upon  by  the  respective  companies  required  to 
Install  the  same;  in  case  they  cannot  agree,  then  such 
division  shall  be  determined  by  the  railroad  and  warehouse 
commission,  after  a  hearing. 

Also  hlock  system.  §  2.  The  commission  may  require 
any  railroad  company  on  any  part  of  its  line  or  lines  oper- 
ated in  this  State,  to  Install  and  operate  a  "block  signal 
system"  or  any  other  device  or  appliance  that  in  Its  judg- 
ment will  best  promote  the  public  safety.  Whenever  any 
railroad  company  proposes  to  install  in  this  State  any 
Interlocking  plant,  block  signal  system,  or  other  safety 
appliance,  on  any  part  of  its  system,  it  shall  first  submit  the 
plans  to  the  commission  for  approval  and  after  the  same 
is  Installed,  have  the  commission  Inspect  same  and  Issue 
a  certificate  before  the  plant  Is  operated.  (As  amended 
1911,  c.  322.) 

Penalty.  §  3.  Any  railroad  company  neglecting  to  cc  m 
ply  with  any  order  of  the  commission  made  under  tils 
Act,  shall  be  liable  to  a  penalty  of  $25  for  each  day  stch 
neglect  shall  continue,  to  be  recovered  In  a  civil  action  in 
the  name  of  the  State  and  paid  into  the  general  fund  of 
the  State  treasury. 

When  in  effect.  §  4.  This  Act  shall  be  In  force  and 
take  effect  on  and  after  Its  passage. 

Approved  April  22,  1907. 


s 


TRACK    SCAI.KS. 

Be  it  enacted  'by  the  legislature  of  the  State  of  Minnesa 

Commission  to  control  all  track  scales.  §  1.  The  n  il 
road  and  warehouse  commission  shall  have  power  to  i  n- 
force  reasonable  regulations  for  the  weighing  of  cars  a  id 
of  freight  offered  for  shipment  In  carload  lots. 

All  track  scales  used  by  common  carriers  for  the  pir- 
pose  of  weighing  carload  freight  shall  be  under  the  C(  n« 
trol  and  jurisdiction  of  the  commission  and  subject  to  n> 
spection,  exempt  from  the  jurisdiction  of  sealers  of  welgl  ta 
and  measures.  The  entire  cost  of  such  supervision  a  id 
Inspection  shall  be  a  proper  charge  against  the  comm  )n 
carriers  Interested  In  or  owning  the  several  scales,  t  le 
same  to  be  paid  upon  a  statement  rendered  by  the  comm  n- 
slon.  All  moneys  collected  shall  be  credited  to  the  grt  in 
Inspection  fund. 

When  in  effect.    §  2.    This  Act  shall  take  effect  am 
In  force  from  and  after  its  passage. 

Approved  April  28,  1907. 

PHYSICAI,    valuation. 

Be  it  enacted  by  the  legislature  of  the  State  of  MinnesoJ  a 

Physical  valuation  of  railroad  property  to  be  kept  i  p. 
§  1.  The  railroad  and  warehouse  commission,  here  n- 
after  called  the  commission.  Is  hereby  authorized  at  M 
times,  to  keep  up  the  physical  valuation  of  the  railro  id 
properties  of  this  State,  and  to  that  end  all  railro  id 
companies  are  required  to  furnish  to  the  commissi  m 
on  July  31  of  each  year,  and  at  such  other  times  as  t  le 
commission  may  require,  a  detailed  statement  showi  ig 
changes  in  the  physical  conditions  of  Its  properties  in 
this  State  and  the  elements  of  cost  entering  Into  su'h 
changes  for  both  debits  and  credits  of  such  proper  y, 
and  the  distribution  of  the  debits  and  credits,  whetler 
charged    to   operating   or    capital   account. 

Such  statement  shall  be  furnished  in  the  manner 
form   prescribed   bs   the   commission. 

Inquisitorial  power  of  commission.  §  2.  The  comraf 
slon  shall  have  the  authority  to  examine  all  books,  ccn- 
tracts,  vouchers,  receipts  and  all  other  papers  or  doru- 
ments  that  It  may  deem  necessary  for  the  purposes  of 
this   Act. 

When  in  effect.  §  3.  This  Act  shall  take  effect  and 
be  In   force  from   and   after  its   passage. 

Approved  April  6,  1909. 

PROCEDURE. 

Proceedings  before  commission  —  Hoic  commenced. 
§  1963.  Proceedings  before  the  commission  against  any 
such  carrier  or  public  warehouseman  shall  be  instituted 
by   complaint,   verified  as    a  pleading   in   a   civil    action, 


1 

iiBia* 


Public  Service  Laws 


735 


stating  in  ordinary  language  the  facts  constituting  the 
alleged  omission  or  offense.  The  parties  to  such  pro- 
ceeding shall  be  termed,  respectively,  "complainant" 
and   "respondent."      (391a.) 

Notice  to  respondent.  §  1964.  Upon  filing  such  com- 
plaint, if  there  appear  reasonable  grounds  for  investigating 
such  matter,  the  commission  shall  issue  an  order  di- 
rected to  such  carrier  or  warehouseman,  requiring  him 
to  grant  the  relief  demanded,  or  show  cause  by  answer 
within  20  days  from  the  service  of  such  notice  why 
such  relief  should  not  be  granted.  Such  order,  together 
with  a  copy  of  the  complaint,  shall  forthwith  be  served 
upon  the  respondent.     t391b.) 

Answer.  §  1965.  The  respondent  may  file  and  serve  by 
mail  upon  the  complainant,  within  20  days  after  service 
of  the  order,  an  answer  alleging  that  it  has  already 
granted  the  relief  demanded,  or  setting  up  any  matter 
of  defense.  If  the  answer  alleges  the  granting  of  the 
relief,  the  complainant  shall,  within  20  days,  reply,  ad- 
mitting or  denying  such  allegation.  If  he  fails  to  reply, 
or  admits  the  allegation,  the  proceeding  shall  be  dis- 
missed.    (391b.) 

Hearing.  §  1966.  If  the  matter  be  not  adjusted  to  the 
satisfaction  of  the  commission,  it  shall  set  a  time  and 
place  of  hearing,  and  give  at  least  10  days'  notice 
thereof  to  each  party.  The  parties  may  appear  either 
in  person  or  by  attorney.  The  commission  shall  hear 
evidence  and  otherwise  investigate  the  matter,  and  shall 
make  findings  of  fact  upon  all  matters  involved,  and 
such  order  or  recommendation  in  the  premises  as  may 
be  just.  A  copy  of  such  findings  and  order  or  rec- 
ommendation shall  forthwith  be  served  upon  each  party. 
No  proceeding  shall  be  dismissed  on  account  of  want  of 
pecuniary  interest  in  the  complainant.  In  all  proceed- 
ings, excepting  where  the  reasonableness  of  rates  are 
under  consideration,  hearings  may  be  had  before  one 
commissioner,  who  shall  decide  the  matter  in  controversy 
and  make  a  report  of  his  decision  to  the  commission. 
Upon  the  approval  of  such  report,  it  shall  become  the 
decision  of  the  commission.  (391b,  392ab;  as  amended 
1907,   c.   305.) 

Notices  and  orders — Service.  §  1967.  All  notices  and 
orders  in  proceedings  before  the  commission  shall  be 
signed  by  the  secretary.  Service  may  be  made  of  all 
notices,  orders  and  other  papers  provided  for  in  this 
chapter  by  mail  upon  any  person  or  firm,  or  upon  the 
president,  general  manager,  or  other  proper  executive 
officer  of  any  corporation  interested.  If  any  party  has 
appeared  by  attorney,  such  service  shall  be  made  upon 
such   attorney.      (391b.) 

Witnesses.  §  1968.  The  commission  in  any  hearing  or 
investigation  may  require  the  attendance  of  witnesses 
and  the  production  of  any  books,  papers  and  records. 
Witnesses  shall  receive  the  same  fee*  and  mileage  as 
in  civil  actions.  Disobedience  of  any  subpoena  in  such 
proceeding  or  contumacy  of  a  witness,  may,  upon  appli- 
cation of  the  commission,  be  punished  by  any  District 
Court  in  the  same  manner  as  if  the  proceeding  were 
pending  in  such  court.     (391b,  397.) 

Complaint  that  rate  is  unreasonahte — Duty  of  commis- 
sion. §  1969.  Upon  the  verified  complaint  of  any  person  or 
of  any  corporation,  private  or  municipal,  that  any  tariff 
of  rates,  fares  or  charges,  or  any  part  thereof,  or  of 
any  classification,  is  unequal  or  unreasonable,  the  com- 
mission shall  proceed  to  investigate  the  matters  al- 
leged in  such  complaint,  and  for  the  purposes  of  such 
investigation  they  may  require  the  attendance  of  wit- 
nesses and  the  production  of  books,  papers  and  docu- 
sajBj  'sajBJ  JO  BUBl  qons  'SuuBaq  aq;  nodn  'ji  -sjuara 
or  charges,  or  any  part  thereof,  or  of  such  classification, 
is  found  to  be  unequal  or  unreasonable,  the  commission 
shall  make  an  order  stating  wherein  the  same  are  so 
unequal  or  unreasonable,  and  shall  make  a  tariff  of 
rates,  fares,  charges  and  classification  which  shall  be 
substituted  for  the  tariff  so  complained  of.  The  tariff 
60  made  by  the  commission  shall  be  deemed  prima 
facie  reasonable  in  all  courts  and  shall  be  in  full  force 
during  the  pendency  of  any  appeal  or  other  proceedings 
to  review  the  action  of  the  commission  in  establishing 
the    same.      (386e.) 

Investigation  without  complaint.  §  1970.  The  commia- 
sion    shall    also,    on    its    own    motion,    investigate    any 


matter  relating  to  the  management  by  any  carrier  or 
warehouseman  of  its  business,  or  the  reasonablenes  o^ 
any  or  all  rates,  fares,  charges,  rules,  regulations  or 
classifications,  whenever,  in  its  judgment,  the  public 
interest  requires  it.  If  any  such  rates,  schedule  of 
rates,  fares,  charges,  rules,  classification  or  regulations 
are  found  unreasonable  or  discriminatory,  the  com- 
mission shall  find  what  is  reasonable  under  the  cir- 
cumstances, and  may  make  an  entire  new  schedule  and 
adjustment  of  any  or  all  rates,  schedule  of  rates,  fares, 
charges,  rules,  regulations  or  classifications  under  con- 
sideration in  such  investigation,  and  its  order  shall  fix 
the  date  when  such  rates,  schedule  of  rates,  fares, 
charges,  rules,  regulations  and  classifications  shall  go 
into  effect.  Before  making  any  order  under  the  pro- 
visions of  this  section,  the  carrier  shall  have  an  oppor- 
tunity to  be  heard,  upon  such  notice  as  the  commission 
shall  deem  reasonable.  The  rates  established  undet 
proceedings  instituted  under  this  section  shall  be  in 
force  during  the  pendency  of  any  appeal  or  other  pro- 
ceeding to  review  the  action  of  the  commission.  (388a; 
1897,  c.  67;   1911,  e.  87.) 

Appeals  to  District  Court.  §  1971.  Any  party  to  a  pro- 
ceeding before  the  commission,  or  any  party  affected 
by  any  order  thereof,  or  the  State  of  Jlinnesota,  by  the 
attorney-general,  may  appeal  therefrom  to  the  District 
Court  of  the  county  in  which  the  complainants,  or  a 
majority  of  them,  reside,  or  in  case  none  of  them  reside 
in  the  State,  or  in  case  the  order  is  made  in  a  jiio- 
ceeding  commenced  by  the  commission  on  its  own  mo- 
tion without  complaint,  to  the  District  Court  of  any 
county  in  which  the  carrier  or  warehouseman  has  an 
office,  agent  or  place  of  business,  at  any  time  within 
30  days  after  service  of  a  copy  of  such  order  on  the 
parties  of  record,  as  in  this  chapter  provided,  by  service 
of  a  written  notice  of  appeal  on  said  commission  or  on 
its  secretary.  Upon  service  of  said  notice  of  appeal, 
said  commission,  by  its  secretary,  shall  forthwith  file, 
with  the  clerk  of  said  District  Court,  to  which  said 
appeal  is  taken,  a  certified  copy  of  the  order  appealed 
from,  together  with  findings  of  fact  on  which  the  same 
is  based.     (As   amended  1907,  c.  167.) 

Proceeding  on  appeal.  §  1972.  The  person  serving  such 
notice  of  appeal  shall,  within  five  days  after  the  service 
'thereof,  file  the  same  with  proof  of  service,  with  the 
clerk  of  the  court  to  which  such  appeal  is  taken;  and 
thereupon  said  District  Court  shall  have  jurisdiction 
over  said  appeal  and  the  same  shall  be  entered  upon 
the  records  of  said  District  Court  and  shall  be  tried 
therein  according  to  the  rules  relating  to  the  trial  of 
civil  actions,  so  far  as  the  same  are  applicable.  The 
complainant  before  the  commission,  if  there  was  one 
(otherwise  the  State  of  Minnesota),  shall  be  designated 
as  complainant  in  the  District  Court,  and  the  carrier 
or  warehouseman  as  defendant.  No  further  pleadings 
than  those  filed  before  the  commission  shall  be  nec- 
essary. Such  findings  of  fact  shall  be  prima  facie 
evidence  of  the  matters  therein  stated,  and  the  order 
shall  be  prima  facie  reasonable,  and  the  burden  of 
proof  upon  all  issues  raised  by  the  appeal  shall  be  on 
the  appellant.  If  said  court  shall  determine  that  the 
order  appealed  from  is  lawful  and  reasonable,  it  shall 
be  affirmed  and  the  order  enforced  as  provided  by  law. 
If  It  shall  be  determined  that  the  order  is  unlawful  or 
unreasonable,  it  shall  be  vacated  and  set  aside.  Such 
appeal  shall  not  stay  or  supersede  the  order  appealed 
from  unless  the  court,  upon  an  examination  of  said 
order,  and  the  return  made  on  said  appeal,  and  after 
giving  the  respondent  notice  and  opportunity  to  be 
heard,  shall  so  direct.  If  such  appeal  is  not  taken, 
such  order  shall  become  final,  and  it  shall  thereupon 
be  the  duty  of  the  carriers  affected  to  adopt  and  publish 
the  rates  or  classifications  therein  prescribed.  And  all 
orders  heretofore  made,  from  which  no  appeal  was 
taken,  as  provided  by  law,  shall  be  deemed  to  have 
been  in  full  effect  for  all  purposes  from  the  time  when 
the  right  to  appeal  from  such  order  expired.  When  no 
appeal  is  taken  from  an  order,  as  herein  provided,  the 
parties  affected  by  such  order  shall  be  deemed  to  have 
waived  the  right  to  have  the  merits  of  said  controversy 
reviewed  by  a  court,  and  there  shall  be  no  trial  of  the 
merits  or  re-examination  of  the  facts  of  any  controversy 
in   which   such   order   was   made,   by   any   District    Court 


T36 


National  Association  of  Eailway  Commissioners 


to  which  application  may  be  made  for  a  writ  to  enforce 
the   same.     (As  amended   1907,  c.  167.) 

Order  on  dismissal  in  certain  cases — Procedure.  §  1973. 
Whenever  in  any  proceeding  pending  before  it  relating 
to  or  involving  the  reasonableness  of  rates,  fares,  charges 
or  classifications,  the  commission  shall  decide  that  it  has 
not  jurisdiction  for  the  reason  that  the  traffic  covered 
by  such  rates,  fares,  charges  and  classifications  is  Inter- 
state commerce,  it  shall  make  an  order  dismissing  the 
proceeding,  stating  therein  the  ground  of  such  dismissal, 
which  order  may  be  appealed  from  in  like  manner  as 
other  appealable  orders  of  said  commission.  And  if 
in  any  such,  proceeding  one  of  the  commissioners  shall 
dissent  from  the  order  of  dismissal,  the  question  of  its 
jurisdiction  shall  be  certified  to  the  District  Court  of 
a  county  to  which  an  appeal  might  be  taken,  and  there- 
upon the  commission  shall  notify  all  parties  to  the  pro- 
ceeding of  such  certification,  stating  the  county  and  date 
thereof.     (1903,  c.  189.) 

Filing  papers — Effect.  §  1974.  When  in  any  such  case 
an  appeal  is  taken  or  such  question  certified,  the  com- 
mission shall  forthwith  file  with  the  clerk  of  the  proper 
District  Court  all  papers,  pleadings,  evidence  and  orders 
in  the  proceeding,  and  thereupon  such  court  shall  have 
full  jurisdiction  to  hear  and  determine  the  question  of 
the  jurisdiction  of  said  commission  in  reference  to  the 
matter  appealed  from  or  certified.  Such  proceeding  may 
be  brought  on  for  hearing  by  either  party  on  10  days' 
notice,  either  at  a  term  or  in  vacation,  and  shall  be 
heard  upon  the  evidence  taken  before  the  commission 
and  such  further  evidence  as  may  be  offered  by  either 
party.  It  the  order  of  the  commission  is  reversed,  upon 
filing  a  copy  of  the  order  of  reversal  with  the  commission 
it  shall  forthwith  proceed  to  determine  the  reasonable- 
ness of  such  rates,  fares,  charges  and  classification  on  the 
merits.     (1903,  c.  189.) 

Failure  to  obey  order  or  law.  §  1975.  Whenever 
any  such  carrier  or  warehouseman  shall  fail  to  obey 
any  law  of  the  State  or  any  order  of  the  commission, 
the  commission  or  any  party  interested  may,  upon 
verified  petition  alleging  such  failure,  apply  to  the 
District  Court  of  the  county  in  which  such  carrier  or 
warehouseman  has  a  principal  office,  or  into  which  a 
line  of  railroad  of  such  carrier  extends,  for  the  enforce- 
ment of  such  law  or  order  or  other  appropriate  relief. 
The  court,  upon  such  notice  as  it  may  direct,  shall  hear 
such  matter  as  in  case  of  an  appeal  from  an  order.  On 
8uch  hearing  the  findings  of  fact  upon  which  such  order 
is  based  shall  be  prima  facie  evidence  of  the  matters 
therein  stated,  and  the  court  may  grant  any  provisional 
or  other  relief,  ordinary  or  extraordinary,  legal  or 
«quitable,  which  the  nature  of  the  case  may  require, 
and  may  impose  a  fine  of  not  more  than  $500  for  each 
day's  failure  to  obey  any  writ,  process  or  order  of  the 
court,  in  addition  to  other  penalties  or  forfeitures  pro- 
vided by  law.  A  temporary  mandatory  or  restraining 
order  may  be  made  in  such  proceeding,  notwithstanding 
any  undetermined  issue  of  fact,  upon  such  terms  as  to 
security  as  the  court  may  direct.     (399.) 

Trial.  §  1976.  The  District  Courts  shall  be  deemed  al- 
ways open  for  all  civil  proceedings  under  this  chapter, 
and  any  such  proceeding  may  be  brought  to  trial  in  any 
county  in  the  judicial  district,  and  shall  take  precedence 
of  all  other  matters  except  criminal  cases.  Except  when 
there  is  a  constitutional  right  to  a  trial  by  jury,  not 
expressly  waived,  all  such  proceedings  shall  be  tried 
summarily  by  the  court.     (399.) 

Incriminating  questions.  §  1977.  In  any  proceeding 
under  this  chapter,  or  under  any  law  relating  to  common 
carriers  or  public  warehousemen,  the  court  in  its  dis- 
cretion may  require  a  witness  to  answer  any  question, 
although  his  answer  may  tend  to  convict  him  of  crime, 
but  no  person  so  compelled  to  answer  shall  thereafter 
be   liable    to   any   prosecution    for   such   crime.      (389c.) 

Costs  and  attorney's  fees.  §  1978.  In  any  proceeding  in 
District  or  Supreme  Court  under  the  provisions  of  this 
chapter,  or  under  any  law  relating  to  common  carriers 
or  public  warehousemen,  whether  by  appeal  or  otherwise, 
the  court  may  order  the  payment  of  such  counsel  fees 
and  disbursements  as  it  deems  just  and  reasonable. 
(393c,  399.) 

Proceedings  in  name  of  State.     §  1979.    All  actions  or 


proceedings  instituted  by  the  railroad  and  warehouse 
commission  shall  be  brought  in  the  name  of  the  State, 
and  shall  be  prosecuted  by  the  attorney-general. 

Appeals  to  Supreme  Court.  §  1980.  Any  party  to  an 
appeal  or  other  proceeding  in  district  court  under  the 
provisions  of  this  chapter  may  appeal  from  the  final 
judgment,  or  from  any  final  order  therein,  in  the  same 
cases  and  manner  as  in  civil  actions.  No  bond  shall 
be  required  from  tlie  commission,  and  no  such  appeal 
shall  stay  the  operation  of  such  order  or  judgment 
unless  the  District  or  Supreme  Court  shall  so  direct, 
and  unless  the  carrier  appealing  from  a  judgment 
or  order  fixing  rates  for  transportation  of  persons  or 
property  shall  give  bond  in  a  sum  and  with  sureties 
approved  by  a  judge  of  the  court  ordering  the  stay, 
conditioned  that  the  appelant  will  refund  to  the  person, 
entitled  thereto  any  amount  received  for  such  trans- 
portation above  the  amount  finally  fixed  by  the  court. 
Any  person  paying  such  excessive  charges  shall  have  a 
claim  for  the  excess,  whether  paid  under  protest  or 
not,  and,  unless  refunded  within  30  days  after  writteD. 
demand  made  after  final  judgment,  may  recover  th«i 
same  by  action  against  such  carrier,  or  such  carrier  ani 
the  sureties  on  such  bond.  The  appeal  may  be  fllei 
in  the  Supreme  Court  before  or  during  any  term  thereol 
and  shall  be  immediately  entered  on  the  calendar  an 
heard  upon  such  notice  as  the  court  may  prescrlb) 
(393c,  d;  1897,  c.  288.) 

Commission  to  fix  joint  rates.  §  1981.  (381c,  d;  18S! 
a.  91.)     Repealed  1911,  c.  313,  which  is  as  follows:  ^  , 

.lOINT  RATES.  I    I 

Be  it  enacted  hy  the  legislature  of  the  State  of  MinnesotC 

Railroad  to  make  rules.  §  1.  Within  a  reasonable  tim< 
the  railroad  and  warehouse  commission  shall  makt 
general  rules  fixing  the  percentage  relation  to  govert 
in  the  makfng  of  joint  rates  between  common  carriers 
for  the  transportation  of  freight  and  express  in  carload 
and  less  than  carload  lots,  and  shall  make  all  rules 
necessary  to  govern  the  transfer  of  freight  and  expresi 
between  carriers.  The  commission  may  change  th< 
rules  or  regulations  from  time  to  time  to  meet  differe: 
conditions    and    to   promote   justice. 

No    carrier    shall    be    required    to    deliver    to    anoth< 
carrier    at    a    connecting    or    junction    point,    freight 
express    destined    to    a    common    point   reached    by    bol 
carriers,    unless    the    commission    finds    it    is    necessai 
in   order   to   obtain   reasonable   rates   and   service. 

Before  making  any  order  as  herein  provided,  the  co 
mission    shall    give    such    hearing    as    may    be    deemed 
necessary. 

( 

Carriers  to  establish  joint  rates.  §  2.  The  several  ca 
rlers  in  this  State  shall  establish  joint  rates  on  a 
intrastate  freight  *  and  express  transported  in  carloa 
and  less  than  carload  lots,  within  30  days  after  the  coi 
mission  has  established  rtiles  to  govern  in  the  makH 
of  joint  rates   between  carriers. 

If  carriers  fail  to  agree  on  the  division  of  tl 
joint  rate,  the  commission  on  the  application  of  aii 
party  interested,  shall  fix  such  division. 

Penalty.  §  3.  Any  carrier  failing  to  comply  with  ai 
provision  of  this  Act  or  any  rule  of  the  commissio] 
shall  be  subject  to  a  fine  of  not  exceeding  $100  for  ea< 
offense.  ■ 

Repeal.    §  4.    §§  1981  and  2018  of  the  Revised  Laws  i  i 
1905   are   hereby  repealed.  i 

When  in  effect.     §  5.    This  Act  shall  take  efTect  and  %\ 
in  force  from  and  after  its  passage. 

Approved  April   20,   1911. 

Rates  fixed  to  be  published.  §  1982.  (386f.  RepeaM 
1907,    c.    167.) 

Terms  of  connection  with  warehouses,  etc.  §  1983 
(Transposed   to   follow   §2006.) 

Reports  to  commission.  §  1984.  Every  carrier  subje 
to  supervision  of  the  commission  shall  annually,  on 
before  September  30,  unless  additional  time  be  granted 
file  with  the  commission  a  report  verified  by  such  car- 
rier, or  by  its  president,  vice-president,  treasurer,  comiv 
troller,  auditor,  or  receiver,  in  such  form  as  the  commis- 
sion may  prescribe,  covering  the  year  ending  June  30 
next    preceding,    and    showing   in    detail    the    amount   of 


Public  Service  Laws 


737 


capital  stock  issued;  the  amount  and  manners  of  pay- 
ment therefor;  the  dividends  paid;  the  surplus  fund, 
if  any;  the  number  of  stockholders;  the  funded  and 
floating  debts,  and  the  interest  paid  or  due  thereon;  the 
oost  and  value  of  all  the  carrier's  property,  franchises 
and  equipments;  the  number  of  employes  and  officers, 
and  the  salary  or  wages  paid  each  class;  the  amounts 
expended  for  improvements,  how  expended  and  the 
character  of  such  improvements;  the  earnings  and  re- 
ceipts from  each  branch  of  business  and  from  all  other 
sources;  the  operating  and  other  expenses;  the  balance 
of  profit  or  loss;  and  a  complete  exiiibit  of  the  finan- 
cial operations  of  the  year,  with  an  annual  balance  sheet, 
the  amount  of  land  received  as  grants  from  the  State 
and  from  the  United  States,  the  amount  of  such  land 
sold  and  the  average  price  received  per  acre;  the 
amount  unsold  and  its  average  appraised  value  per 
acre;  information  in  regard  to  rates  and  regulations 
concerning  fares  and  freights;  agreements,  arrangements, 
or  contracts  with  express,  telegraph,  sleeping  and  dining 
car  companies,  fast  freight  lines,  and  other  common 
carriers,  with  copies  of  such  contracts,  agreements  or 
arrangements;  and  such  other  matters  as  the  commis- 
sion may  require;  and  the  commission  may  prescribe 
a  uniform  system  of  accounts  and  the  manner  of  keep- 
ing the  same,  and  may  designate  from  time  to  time  to 
what  account  any  items  shall  be  charged.  Any  such 
carrier  failing  to  comply  with  the  provisions  of  this 
section  or  with  any  order  of  the  commission  made 
thereunder  shall  forfeit,  for  each  day's  default,  $100, 
to  be  recovered  in  a  civil  action  in  the  name  of  the 
State.  (1897,  c.  284;  as  amended  1907,  c.  410.)  See,  also, 
1911,  c.  327,  which  is  as  follows: 

ACOOT-.N-T.?    OF    RAU.ROAH.S. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 

Carriers  to  keep  books  in  manner  specified.  §  1.  It 
shall  be  the  duty  of  every  railroad  doing  both  intrastate 
and  interstate  freight  business  in  this  State,  to  keep  its 
accounts  so  as  to  show,  as  far  as  practicable,  the  earnings 
derived  from,  and  the  expenses  incurred  in,  handling  such 
intrastate  business  in  Minnesota.  The  railroad  and  ware- 
house commission  shall  have  power,  and  it  is  hereby  made 
its  duty,  to  prescribe  the  form  in  which  such  accounts  shall 
be  kept,  and  it  may  require  such  accounts  for  each  operat- 
ing division  of  such  railroad  wholly  or  partly  within  this 
State.  In  addition  to  all  other  information  on  the  sub- 
ject, such  accounts  shall  show  the  total  cost  of  operating 
the  through  trains,  and  the  total  cost  of  operating  the  local 
or  distributing  trains,  on  each  operating  division  wholly 
or  partly  within  this  State  during  the  fiscal  year  to  be 
fixed  by  said  commission,  and  also  the  tota!  number  of 
tons  of  revenue  and  non-revenue  freight,  and  the  number 
of  said  tons  of  each  carried  one  mile  on  said  through  trains 
and  on  said  local  trains,  respectively,  and  the  number  of 
said  tons  and  ton  miles  of  revenue  and  non-revenue  freight 
carried  on  through  or  local  trains,  which  are  exclusively 
Intrastate  business.  Said  accounts  shall  also  show  the 
gross  tons  and  ton  miles  made  by  through  and  local  trains 
on-  said  divisions. 

Accounts  to  show  revenue  miles,  etc.  §  2.  Said  ac- 
counts shall  also  show  the  total  revenue  and  non-revenue 
train  and  engine  miles,  and  the  total  revenue  and  non- 
revenue  car  miles  (said  non-revenue  car  miles  to  be  shown 
loaded  and  empty  separately)  produced  b>  such  railroad 
In  the  State  on  said  operating  divisions,  and  also  the 
number  of  each  of  the  above  train,  engine  and  car  mileages 
produced  in  handling  said  through  trains  and  in  handling 
said  local  trains,  also  the  total  locomotive  miles  produced 
in  switching  on  each  division,  and  such  further  information 
relating  to  the  income  or  cost  of  the  intrastate  business  as 
said  railroad  and  warehouse  commission  may  require.  Said 
commission  may  also  require  such  accounts  to  be  kept 
with  reference  to  the  intrastate  passenger  business  of  such 
carrier,  and  the  train,  car  and  engine  mileage  incurred  In 
the  passenger  business  in  this  State  as  it  shall  deem 
necessary. 

When  in  effect.  §  3.  This  Act  shall  take  effect  and  be 
In  force  from  and  after  its  passage. 

Approved  April  20,  1911. 

A^-^•UAL   KKPORT.S. 

Reports  of  commission:  §  1985.  The  commission  shall 
report  to  the  governor  annually  on  or  before  December  1, 


and  at  other  times  if  required  by  him,  their  doings  for  the 
preceding  year,  with  such  facts,  statements  and  explana- 
tions as  will  show  the  actual  working  of  the  system  of 
railroad  transportation  of  the  State,  in  its  bearings  on  the 
business  and  prosperity  of  the  people,  and  such  suggestions 
relative  thereto  as  it  shall  deem  proper.  It  shall  also 
biennially  recommend  to  the  governor  any  amendment  of 
the  railroad  and  warehouse  laws  which  it  shall  deem  de- 
sirable, and  when  directed  by  the  governor,  shall  investi- 
gate any  matter  subject  to  its  supervision,  and  report 
thereon.  All  such  reports  shall  be  transmitted  by  the  gov- 
ernor to  the  legislature  as  soon  as  practicable.     (396.) 

Remedies  cumulative — Attorney's  fees.  §  1986.  Nothing 
in  this  chapter  shall  be  construed  to  abridge  or  limit  the 
duties  and  liabilities  of  common  carriers  or  warehouse- 
men, or  the  remedies  now  existing  at  common  law  or  by 
statute,  and  the  provisions  of  this  chapter  are  in  addition 
thereto.  Any  common  carrier  or  warehouseman  who  shall 
do  or  cause  to  be  done  any  act  in  this  chapter  forbidden, 
or  fail  to  do  any  act  therein  enjoined  or  who  shall  aid  or 
abet  in  any  such  act  or  neglect,  shall  be  liable  in  damages 
to  any  person  injured  thereby;  and  in  any  action  for  such 
damages  the  plaintiff,  if  he  recover,  shall  be  allowed  by 
the  court  a  reasonable  attorney's  fee,  to  be  taxed  and  al- 
lowed in  addition  to  statutory  costs.     (389a,  396c.) 

Violations  of  law — Penalty.  §  1987.  Any  common  car- 
rier or  warehouseman  who  shall  do  or  attempt  to  do,  any 
act  forbidden  by  this  chapter,  or  shall  fail  to  do  anything 
therein  required  of  him,  or  shall  wilfully  suffer  or  permit 
any  such  unlawful  act  or  omission,  when  no  specific  penalty 
is  imposed  therefor,  if  a  natural  person  shall  be  guilty 
of  a  gross  misdemeanor,  and  shall  be  punished  by  a  fine  ot 
not  less  than  ?2,500  nor  more  than  $5,000  for  the  first 
offense,  and  not  less  than  $5,000  nor  more  than  $10,000  for 
each  subsequent  offense;  and,  if  such  carrier  or  warehouse- 
man be  a  corporation,  it  shall  forfeit  to  the  State  for  the 
first  offense  not  less  than  $2,500  nor  more  than  $5,000, 
and  for  each  subsequent  offense  not  less  than  $5,000  nor 
more  than  $10,000,  to  be  recovered  In  a  civil  action.  All 
fines  and  forfeitures  collected  under  the  provisions  of  this 
chapter  shall  be  paid  into  the  State  treasury  to  the  credit 
ot  the  general  revenue  fund.     (390.) 

Construction  of  chapter.  §  1988.  The  provisions  of  this 
chapter  shall  be  liberally  construed  with  a  view  to  the 
public  welfare,  efficient  transportation  facilities,  and  sub- 
stantial justice  between  shippers  and  passengers  and  com- 
mon carriers,  and  the  commission  shall  at  all  times  do 
everything  within  the  scope  of  its  powers  to  secure  such 
ends,  and  to  facilitate  commerce  and  the  safety,  con- 
venience, and  comfort  of  passengers  and  employes. 

Orders  prima  facie  evidence.  §  1989.  In  any  action  or 
proceeding  brought  to  enforce  any  order  of  the  commis- 
sion, or  when  such  order  is  brought  In  question  in  any  of 
the  courts,  it  shall  be  prima  facie  evidence  of  the  facts 
therein  stated. 

Common  carriers  defined.  §  1990.  The  term  "carrier," 
as  used  in  this  chapter,  shall  include  all  common  carriers 
engaged  in  the  transportation  of  persons  or  property  be- 
tween places  within  this  State  by  railroad,  or  partly  by  rail- 
road and  partly  by  water,  when  both  are  used  under  a  com- 
mon control,  ownership,  management,  or  arrangement  for 
such  carriage,  without  regard  to  the  motive  power,  whether 
such  carrier  owns  or  operates  the  line  or  lines  over  which 
such  passengers  or  freight  are  transported,  or  carries  the 
same  over  the  lines  or  in  the  cars  of  any  other  company  as 
an  express  or  transportation  company,  but  shall  not  include 
street  railways  so  far  as  relates  to  the  carriage  of  persons 
or  property  wholly  within  the  limits  of  any  municipality 
or  municipalities.     (379a;  1895,  c.  15z.) 

Railroads,  etc.,  defined.  §  1991.  The  term  "railroad," 
as  used  in  this  chapter,  shall  include  all  bridges  or  ferries 
used  or  operated  in  connection  with  any  railroad,  and  also 
all  the  road  in  use  by  any  corporation  operating  a  railroad, 
whether  owner  or  operated  under  a  lease  or  other  contract; 
and  the  term  "transportation"  shall  include  all  instrumen- 
talities of  shipment  or  carriage.     (379b.) 

Construction  of  railroads.  §  1992.  All  steam  railroads 
shall  be  substantially  and  safely  constructed.     (1899,  c.  78.) 

Construction  of  sioitches.  §  1993.  In  order  to  guard 
against  accidental  injuries  to  employes  and  others,  every 
railroad  company  shall  properly  adjust,  fill,  block,  and 
guard  all  Its  frogs,  switches,  and  guard  rails.    Any  such 


738 


National  Association  of  Eailway  Commissioners 


company  violating  this  section,  in  addition  to  its  liability 
to  any  person  injured  or  to  his  legal  representatives,  shall 
forfeit  to  the  State  not  less  than  $500  nor  more  than  $2,000; 
and  such  violation  shall  be  deemed  a  separate  offense 
for  each  period  of  30  days  that  the  same  shall  continue. 
(2681-2683.) 

Signs  at  crossings.  §  1994.  Every  such  company  shall 
maintain,  wherever  any  of  its  lines  crosses  a  public  road, 
a  proper  and  conspicuous  sign  indicating  such  crossing. 
Any  such  company  failing  to  comply  with  any  requirement 
of  this  section  shall  forfeit  to  the  town  or  municipality 
having  charge  of  such  road  $10  for  each  day  that  such 
failure  continues.     (2684-2690.) 

Road  crossings.  §  1995.  Every  such  company  shall  con- 
struct and  maintain  in  good  repair  and  free  from 'snow  or 
other  obstruction,  wherever  any  of  its  lines  shall  cross  a 
public  road,  sufficient  crossings,  consisting  of: 

1.  Suffcient  grades,  16  feet  in  width  on  each  side 
of  the  center  of  such  road,  and  of  such  slope  as  may  be 
deemed  necessary  by  the  officers  having  charge  of  the 
public  road; 

2.  A  plank  covering  of  the  same  width,  securely  spiked, 
extending  the  full  length  of  the  ties,  the  planks  not  more 
than  1  inch  apart,  the  planking  not  more  than  2%  inches 
from  the  rails  and  the  surface  thereof  on  a  level  with  the 
top  of  the  rails. 

In  municipalities  such  grades  and  planking  shall  ex- 
tend the  full  width  of  the  street,  or  of  that  part  thereof 
graded  or  used  for  travel,  and  like  planking  shall  be  placed 
between  all  tracks  which  are  not  more  than  15  feet  apart. 
In  case  of  roads  newly  established,  such  crossing  shall  be 
constructed  within  30  days  after  the  service  on  the  nearest 
station  agent  or  section  foreman  of  such  company  of  a 
notice,  signed  by  the  proper  officer  or  officers  having  charge 
of  such  road,  that  such  crossing  is  required.     (2685-2689.) 

Farm  crossings.  §  1996.  Any  such  company  construct- 
ing a  railroad  so  as  to  leave  parts  of  any  farm  on  different 
sides  of  such  road  shall  construct  a  proper  farm  crossing 
at  some  place  convenient  for  such  farm.     (2696.) 

Fences  and  cattle  guards.  §  1997.  Every  such  company 
shall  build  and  maintain  on  each  side  of  all  lines  of  road 
owned  and  operated  by  it,  good  and  substantial  fences,  and 
shall  build  and  maintain  good  and  sufficient  cattle  guards 
at  all  road  and  street  crossings  and  other  openings,  except 
at  station  and  depot  grounds,  and  other  places  which  the 
necessary  business  of  the  road  or  public  convenience  re- 
quires to  be  open.  Whenever  the  land  of  any  person  lying 
along  the  right  of  way  of  any  railroad  is  inclosed  on  three 
sides  by  a  woven  wire  fence,  such  railroad  company  shall 
erect  and  maintain  a  woven  wire  fence  of  like  character 
and  quality  along  the  said  right  of  way  inclosing  the  re- 
maining side  of  said  land.  Provided,  that  in  the  building 
and  maintenance  of  said  fences  and  cattle  guards,  every 
«uch  company  shall  be  held  to  the  exercise  of  ordinary 
diligence  and  care  and  shall  be  held  to  such  ordinary 
diligence  and  care  in  keeping  such  cattle  guards  free  from 
ice  and  snow.    (2692;  as  amended  1907,  c.  333;  1911,  c.  309.) 

LiaUlity  for  failure  to  fence,  etc.  §  1998.  Any  such 
company  failing  to  comply  with  the  requirements  of 
§  1997  shall  be  liable  for  all  damages  resulting  there- 
from, and  for  all  domestic  animals  killed  or  Injured 
by  its  negligence;  and,  if  it  shall  fail  to  pay  the  actual 
damages  occasioned  by  such  killing  or  Injury  within  30 
days  after  such  damage  occurs,  then,  in  case  of  re- 
covery therefor  by  action  brought  after  such  30  days. 
If  in  District  Court  the  plaintiffs  shall  recover  double 
costs,  and  if  in  justice  court  $10  costs.  Such  company, 
before  the  commencement  of  action,  may  make  tender 
for  such  injury,  and  if  the  amount  recovered,  exclusive 
of  interest,  shall  not  exceed  the  tender,  the  plaintiff 
shall  recover  no  costs  nor  disbursements.     (2693-2695.) 

Fences — Crossings — Cattle  guards.  §  1999.  Any  such 
company,  operating  a  line  of  railroad  in  this  State, 
which  has  failed  or  neglected  to  fence  said  road  and  to 
erect  crossings  and  cattle  guards,  shall  be  liable  for  all 
damages  sustained  by  any  person  in  consequence  of 
such  failure  or  neglect.  Provided,  that  the  measure  of 
damages  for  failure  to  construct  or  maintain  such  fence 
shall  be  as  follows:  The  owner  of  any  land  abutting 
on  the  line  of  railway  of  such  company  may  serve 
notice  on  any  of  its  station  agents  between  April  1  and 
October   1   of   any   year,   requiring   the  construction   of   a 


I 


fence  on  the  line  between  his  land  and  its  right  of  wa; 
If  such  company  shall  not  construct  the  same  within  40 
days  after  service  of  such  notice,  the  landowner  may 
recover  of  the  company  an  amount  not  exceeding  twice 
the  cost  of  such  construction,  with  costs  and  reasonable 
attorney's  fee,  to  be  allowed  by  the  court,  or  he  may 
construct  such  fence  after  the  expiration  of  such  time, 
and  receive  from  the  company  double  the  cost  of  con- 
struction, with  like  costs  and  attorney's  fee.  Such  fence 
shall  be  kept  in  repair  by  such  company  in  like  manner 
and  under  like  penalties  as  if  built  by  such  company. 
But  failure  to  serve  such  notice  shall  not  relieve  such 
company  from  liability  for  damages  for  injuries  to 
persons  or  domestic  animals  or  other  property,  resulting 
from  failure  to  fence  its  road.     (1897,  c.  349.) 

Fences  between  railroad  and  public  road.  §  2000.  If  any 
such  company  shall  fail  to  fence  its  line  where  the  same 
adjoins  a  public  road  or  street,  or  lies  so  near  thereto 
as  to  render  travel  thereon  dangerous,  the  governing 
body  of  the  town  or  municipality  having  charge  of 
such  road  or  street,  by  notice  as  in  case  of  abutting 
landowner,  may  require  such  fence  to  be  built;  and, 
in  case  of  failure  to  build  such  fence  for  the  time 
provided  in  §  1999,  such  town  or  municipality  shall  have 
the  rights  and  remedies  given  by  said  section  to  such 
abutting  owner.      (2699.) 

Farm  crossings  and  drains.  §  2001.  Persons  owning 
lands  abutting  upon  a  railroad  may  construct,  at  ther 
own  expense,  crossings  under,  over  or  across  such 
railroad,  and  drains  under  and  across  the  same,  at  such 
places  and  in  such  manner  as  not  to  obstruct  or  impa:r 
the  use  of  such  railroad,  which  crossings  and  dralrs 
shall  be  maintained  and  kept  in  repair  by  the  company. 
Before  constructing  the  same,  the  owner  of  the  land 
shall  serve  on  the  nearest  station  agent  of  the  com- 
pany a  notice,  stating  in  detail  the  work  which  he  desirts 
to  perform,  and  the  company  may  construct  such  worli ; 
but  the  same  shall  not  be  opened  for  the  use  of  tie 
landowner  until  he  pays  the  reasonable  cost  of  con- 
struction.    (2697.) 

Gates  at  farm  crossings.  §  2002.  Any  such  compary 
which  shall  erect  at  a  farm  crossing  a  gate  for  tt  3 
exclusive  use  of  the  owner  and  occupants  of  such  farr  , 
provide  a  lock  for  the  same,  and  deliver  the  key  there(  t 
to  such  owner  or  occupant,  shall  not  be  liable  to  sue  i 
owner  or  occupant  for  any  animal  killed  or  injured  1:  / 
reason  of  such  gate  being  left  open  without  fault  (  f 
such  company,  unless  such  killing  or  injury  results  fro:  i 
the  wanton  or  malicious  act  of  such  company  or  I  3 
employes.     (6889.) 

Platforms  for  freight.  §  2003.  Every  such  compar  y 
shall  provide  at  all  stations  in  villages  containing  2!  0 
inhabitants  or  more,  and  at  other  stations  and  sidinj  s 
when  required  by  the  commission,  immediately  alongsk  e 
of  its  tracks  or  side  tracks,  platforms  with  approach!  s 
at  each  end,  suitable  and  convenient  for  loading  upc  n 
and  unloading  from  its  cars  heavy  machinery  and  othi  r 
freight.  Such  platforms .  shall  be  at  least  12  fe  't 
wide,  strongly  built,  and  floored  with'  plank  at  lea  t 
3  Inches  thick.  The  platforms,  exclusive  of  ap- 
proaches, shall  be  at  least  32  feet  long,  and  )f 
the  height  of  the  floor  of  an  ordinary  box  car,  ard 
the  approaches  of  such  grade  that  .heavily  loaded  tean.s 
can  be  driven  up  and  down  the  same.  Any  such  coii- 
pany  failing  to  comply  with  the  provisions  of  this  sectit  n 
shall  forfeit  to  the  State,  not  less  than  $500  nor  mo  e 
than  $1,000  for  every  30  days  that  such  failure  shfll 
continue.  (2708,  2709;  1911,  c.  336.)  See  Act  of  April 
20,  1911,  limiting  the  operation  of  chapter  28  above. 

Platforms  for  loading.  §  2004.  Whenever  required  hy 
the  commission,  every  railroad  company  shall  construct 
and  maintain  at  each  station  and  siding  a  suitable  pli.t- 
form  for  the  purpose  of  loading  grain,  live  stock  aiid 
other  commodities  Into  its  cars  for  shipment.  The  co:n- 
mission  may  require  the  enlargement  of  any  platform 
so  constructed  or  the  construction  of  additional  plat- 
forms at  any  such  station  or  siding,  whenever  it  deeras 
It  necessary  for  said  purpose.  Every  such  company 
which  shall  fail  to  construct  any  such  platform  within 
60  days  after  the  service  on  it  of  the  order  of  the 
commission  requiring  such  construction,  shall  forfeit  to 
the  State  $25  for  each  day  thereafter  that  such  platform 


Public  Service  Laws 


739 


remains  unconstructed.       (1899,  c.  222;  1911,  c.  336.)      See 
Act  of  April  20,  1911,  above. 

Comhined  railroad  and  toll  bridges.  §  2005.  Any  such 
company  may  construct  and  maintain  at  its  own  ex- 
pense any  of  its  bridges  and  tlie  approaches  thereto, 
so  as  to  answer  for  ordinary  travel,  and,  unless  within 
one  mile  from  a  toll  bridge  previously  built  by  an  in- 
corporated bridge  company  over  the  same  stream,  may 
charge  and  collect  for  its  use  reasonable  toll,  subject 
to  the  approval  of  the  proper  county  board.  Such  tolls 
shall  be  uniform,  and  the  rates  thereof  shall  be  con- 
spicuously posted  on  or  near  the  toll  house.  Such 
company  may  contract  with  any  person  or  corporation 
for  the  payment  of  a  fixed  sum,  yearly  or  otherwise.  In 
lieu  of  such  toll.  (2G91.) 

Sidetracks  to  elevators,  mills,  etc.  §  2006.  Every  such 
company,  upon  written  demand  of  the  owner  of  any 
grain  warehouse  or  mill  of  not  less  than  5,000  bushels 
capacity,  adjacent  to  the  right  of  way  of  such  company 
and  at  or  near  any  regular  station  thereof,  shall  con- 
struct, maintain  and  operate  at  its  own  expense  proper 
sidetracks  connecting  such  warehouse  or  mill  with  the 
tracks  of  such  railroad,  and  afford  the  owner  thereof 
proper  and  reasonable  facilities  for  shipment  there- 
from. Should  additional  right  of  way  be  required  for 
such  sidetrack,  the  cost  and  expense  of  procuring  it 
shall  be  paid  by  the  ovaier  of  said  mill  or  warehouse. 
Such  company  shall  also  construct,  maintain  and  operate 
sidetracks  connecting  with  its  road  any  grain  ware- 
house, mill,  quarry,  brick  or  lime  kiln  or  manufactory 
adjacent  thereto,  on  such  terms  as  may  be  agreed  upon 
with  the  owner  or  fixed  by  the  commission,  on  applica- 
tion of  either  party.  (7730;  1911,  c.  336.)  See  Act  of 
April   20,   1911,  above. 

Terms  of  connection  with  warehouses,  etc. — (Supple- 
mental to  §  2006;.  §  1983.  If  the  owner  of  any  manufac- 
tory, warehouse,  mill,  stone  quarry  or  brick  or  lime  kiln 
entitled  to  connection  with  any  railroad,  and  the  carrier 
operating  such  railroad,  fail  to  agree  upon  the  terms 
for  such  connection,  upon  petition  of  either  party,  and 
proper  notice  to  the  adverse  party,  the  commission  shall 
fix  such  terms  by  proceedings  as  herein  provided  in  case 
of  complaints  to  it,  and  subject  to  appeal  as  in  such 
cases.      (7732.) 

Charges  to  he  reasonable.  §  2007.  All  charges  made  by 
any  such  carrier  for  the  transportation  of  passengers  or 
property,  whether  over  one  or  more  railroads,  or  in  con- 
nection therewith,  or  for  the  receiving,  delivering,  stor- 
age or  handling  of  such  property,  shall  be  equal  and 
reasonable;  and  every  unequal  or  unreasonable  charge 
for  such  service  is  prohibited.  One  carload  of  freight 
of  any  kind  or  class  shall  be  transported  at  as  low  a 
rate  per  ton,  and  per  ton  per  mile,  as  any  greater 
number  of  carloads  of  the  same  kind  and  class  from 
and  to  the  same  points  of  origination  or  destination. 
(380a,  381c;  1895,  c.  91.)  See  Act  of  April  11,  1905, 
above,   following  1962. 

Common-law  liability  not  to  J>e  limited.  §  2008.  'I'lia 
liability  of  common  carriers  at  common  law  with  refer- 
ence to  property  in  their  custody  shall  not  be  limited 
by  contract  or  otherwise,  except  as  stated  in  their  pub- 
lished classification  schedules.  Such  liability  must  in- 
clude absolute  responsibility  for  the  acts  of  their  agents 
in  reference  to  such   property.   (381g.) 

Preferences  forUdden.  §  2009.  It  shall  be  unlawful  for 
any  common  carrier  to  make  or  give  any  unequal  or 
unreasonable  preference  or  advantage  to  any  particular 
person,  company,  firm,  corporation  or  locality,  or  any 
particular  description  of  traffic  in  any  respect  whatso- 
ever; or  to  subject  any  particular  person,  company, 
firm,  corporation  or  locality  or  any  particular  descrip- 
tion of  traffic,  to  any  unequal  or  unreasonable  prejudice 
in  any  respect  whatsoever.  (380b,  383.)  See  1905,  c.  177, 
which  is  as  follows: 

REBATES,    DRAWBACKS,    ETC. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 
Unjust  discrimination  unlatoful  and,  when  wilful,  a  mis- 
demeanor. §  1.  It  shall  be  unlawful  for  any  common  car- 
rier in  this  State,  by  any  special  rate,  rebate,  drawback, 
or  other  device  to  directly  or  indirectly  charge,  demand, 
collect   or   receive   from    any   person,    firm   or   corporation 


a  greater  or  less  compensation  for  any  service  rendered 
in  the  transportation  of  any  property  within  this  State 
than  its  regular  established  schedule  of  rates  and  charges 
for  like  and  contemporaneous  service  for  any  other  per- 
son Or  for  the  public  generally;  and  it  shall  be  unlawful 
for  any  such  common  carrier  directly  or  indirectly  to 
offer  or  give  any  shipper  in  connection  with,  or,  as 
an  inducement  or  reward  for  receiving  any  property 
for  transportation  from  any  such  shipper  any  gift,  gratu- 
ity or  free  pass  whereby  any  passenger  or  freight  shall 
thereafter  be  transported  over  the  lines  of  such  common 
carrier  free,  or  at  any  rate  less  than  that  offered  to  the 
public,  and  in  either  case  such  common  carrier  shall  be 
deemed  guilty  of  unjust  discrimination  and  shall  be 
punished  by  a  fine  not  exceeding  $5,000.  And  any 
person  who  shall  knowingly  either  for  himself  or 
for  any  firm  or  corporation  directly  or  indirectly 
receive  from  any  common  carrier  any  such  reduction 
of  rate,  rebate,  gratuity  or  other  favor  as  is  herein 
declared  to  be  an  unjust  discrimination  by  such  com- 
mon carrier,  shall  be  guilty  of  a  misdemeanor. 

When  in  effect.  §  2.  This  Act  shall  take  effect  and  be 
in   force  from  and  after  its  passage. 

Approved   April    14,   1905. 

PREFERENCES    ALLOWED. 

Certain  preferences  allowed.  §  2010.  Nothing  In  this 
chapter  shall  prevent  the  carriage,  storage  or  handling 
of  property  free,  or  at  reduced  rates,  for  the  United 
States,  the  State,  or  for  any  municipal  corporation 
thereof,  or  for  charitable  purposes,  or  for  exhibition  at 
fairs  or  expositions,  or  of  stock  for  breeding  purposes; 
or  the  issuance  of  mileage,  excursion  or  commutation 
passenger  tickets  at  rates  equal  for  all,  or  giving  such 
reduced  rates  to  ministers  of  religion,  sisters  of  charity, 
missionaries,  students  of  any  educational,  or  inmates  of 
any  charitable  institution;  nor  the  free  transportation 
of  passengers  when  allowed  by  law.  (379a.)  See  1907, 
c.  449;  1911,  c.  192,  which  Is  as  follows: 

FREE    PASSES. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 
Giving  free  pass  unlawful — Exceptions.  §  1.  Prom  and 
after  January  1,  1908,  it  shall  be  unlawful  for  any  person, 
association,  copartnership,  or  corporation,  or  any  rep- 
resentative thereof,  to  offer,  give,  or  in  any  manner 
furnish  to  any  person,  either  for  himself  or  another, 
any  free  pass  or  frank,  or  any  special  privilege  or 
reduction  in  rate  withheld  from  any  other  person  for  the 
traveling  accommodation  or  transportation  of  any  person 
or  property  or  the  transmission  of  any  message  or  com- 
munication except  to  persons  included  within  the  classes 
hereinafter  designated  and  limited,  and  it  shall  also  be 
unlawful  for  any  person  or  persons,  not  included  within 
the  classes  hereinafter  excepted  and  limited,  to  solicit 
or  receive,  either  for  himself  or  another,  from  any  person, 
association,  copartnership  or  corporation,  or  use  in  any 
manner  or  for  any  purpose  any  free  pass  or  frank  or 
special  privilege  witheld  from  any  person  for  the  traveling 
accommodation  or  transportation  of  any  person  or  prop- 
erty or  the  transmission  of  any  message  or  communica- 
tion; provided,  however,  that  nothing  contained  in  this  Act 
shall  be  construed  to  prohibit  or  to  make  unlawful  the  Is- 
suing or  giving  of  any  such  free  ticket,  free  pass,  or 
free  transportation  to  any  person  or  persons  within  the 
classes  hereinafter  excepted  or  limited  or  the  acceptance 
or  use  of  the  same  by  persons  within  such  classes,  that 
is  to  say,  officers,  bona  fide  agents,  surgeons,  physicians, 
attorneys  and  employes  of  such  raili'oad  or  other  com- 
panies or  persons  affected  by  this  Act,  and  dependent 
members  of  their  families,  the  duly  elected  representatives 
of  railroad  labor  organizations,  children  under  12  years 
of  age,  ministers  of  religion,  secretaries  of  young  men's 
Christian  associations,  persons  exclusively  engaged  In 
charitable  and  eleemosynary  work,  indigent,  destitute 
and  homeless  persons,  and  such  persons  when  trans- 
ported by  charitable  societies  or  hospitals  or  by  public 
charity,  and  necessary  agents  employed  in  such  trans- 
portation, inmates  of  national  homes  or  State  homes  for 
disabled  volunteer  soldiers,  inmates  of  soldiers'  and 
sailors'  homes,  including  those  entering  and  returning 
from  such  homes,  and  boards  of  managers  of  such  homes 
post-office  inspectors,  customs  inspectors  and  immigra- 
tion   inspectors;    witnesses    for    said    railroad    companies 


740 


National  Association  of  Railway  Commissioners 


attending  any  legal  Investigation  In  which  said  company- 
is  interested;  officials  and  linemen  of  telegraph  and 
telephone  companies;  ex-employes  retired  from  service 
on  account  of  age  or  because  of  disability  sustained 
while  in  the  service  of  said  railroad  company,  and  the 
dependent  members  of  their  families,  or  the  widows  or 
dependent  children  of  employes  killed  while  in  the  serv- 
ice of  such  railroad  company;  necessary  care-takers  of 
live  stock,  poultry,  vegetables  and  fruit,  Including  trans- 
portation to  and  from  the  point  of  delivery,  employes  on 
sleeping  and  express  cars,  railway  mail  service  employes, 
newsboys  on  trains,  baggage  agents  and  persons  injured 
in  wrecks  and  physicians  and  nurses  attending  them; 
provided,  that  one-trip  pass  for  a  discharged  employe  and 
his  family  may  be  issued  for  use  within  30  days  of  such 
discharge. 

Provided,  further,  that  the  provisions  of  this  Act 
shall  not  be  construed  to  prohibit  and  make  unlawful 
the  interchange  of  passes,  and  express  and  other  franks 
for  the  officers,  bona  fide  agents,  surgeons,  physicians, 
attorneys  and  employes  and  the  dependent  members  of 
their  families,  of  any  person  or  company  affected  by  this 
Act,  nor  to  prohibit  any  company  affected  by  this  Act 
from  doing  any  of  the  things  prohibited  hereby  free,  with 
the  object  of  providing  relief  in  cases  of  general  epi- 
demic,  pestilence  or  calamitous  visitation: 

Provided,  further,  that  the  provisions  of  this  Act 
Bhall  not  be  construed  to  prohibit  or  make  unlawful  the 
Interchange  of  passenger  transportation  and  message 
service  between  such  railroad  companies  and  telegraph 
companies;  and  provided,  further,  that  the  provisions  of 
this  Act  shall  not  be  construed  to  prohibit  or  make  un- 
lawful the  interchange  between  railroad,  express,  tele- 
graph and  telephone  companies  of  the  transportation  of 
persons  and  property  and  the  transmission  of  messages. 
Provided,  further,  that  no  free  transportation  sha,ll 
be  Issued  or  given  to  any  person  when  such  person  is  a 
member  of,  employed  by  or  in  any  way  connected  with 
any  political  committee  or  candidate  for  or  incumbent 
of  any  office  or  position  under  the  constitution  and  laws 
of  this  State,  except  as  herein  provided. 

Free  transportation  ior  railroad  commissioners  and  their 
secretary,  experts  and  agents.  §  2.  The  railroad  and 
warehouse  commission  and  their  secretary  shall  have 
the  right  to  free  transportation  in  the  performance  of 
their  duties  on  all  railroads  and  railroad  trains,  in  this 
State,  and  their  experts  or  other  agents  whose  service 
they  may  require  shall  likewise  be  transported  free  of 
charge. 

Penalty.  §  3.  Any  person,  corporation  or  company  or 
any  officer  or  agent  of  such  corporation  or  company 
violating  any  of  the  provisions  of  this  Act  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  exceeding  $100  or  by  imprison- 
ment in  the  county  jail  for  a  period  not  exceeding  90 
days. 

When  in  effect.  §  4.  This  Act  shall  take  effect  and  be 
In  force  from  and  after  December  31,  1908. 

Approved    April    25,    1907. 

Pooling  forbidden.  §  2011.  No  such  carrier  shall  enter 
Into  any  agreement  or  combination  with  any  other  car- 
rier for  the  division  or  pooling  of  the  business  of  different 
and  competing  carriers,  or  to  divide  the  aggregate  or  net 
proceeds  of  the  earnings  of  such  carriers,  or  any  part 
thereof,  and  any  such  agreement  or  combination  shall  be 
deemed  a  separate  offense  for  each  day  of  its  continuance. 
(382.) 

Public  schedule  of  rates.  §  2012.  Every  such  company 
shall  keep  at  every  station  or  depot  of  its  road,  convenient 
for  and  open  to  public  Inspection,  schedules  printed  In  large 
type,  showing  all  classifications,  rates,  fares  and  charges 
for  transportation  of  freight  and  passengers  in  force  at  the 
time  upon  its  road.  Such  schedule  shall  plainly  state  the 
places  between  which  persons  and  property  will  be  car- 
ried, shall  show  the  classification  of  freight,  a  distance 
tariff,  a  table  of  distances  between  stations,  and  shall  state, 
and  shall  state  separately,  the  terminal  charges,  and  any 
rules  or  regulations  in  any  way  affecting  the  aggregate  of 
such  rates,  fares  and  charges.  And  every  such  company 
shall  keep  posted  in  a  conspicuous  place,  at  every  such  sta- 
tion, accessible  to  shippers,  notice  that  such  schedules  are 
BO  kept  thereat.  (386a;  1897,  c.  265;  as  amended  1907,  c. 
337.)  See,  also.  Acts  1905,  c.  176,  followed  §  1962,  above. 


1 

he  clasBilF 


Change  in  schedule.  §  2013.  No  change  in  the 
cation  shall  be  made,  and  no  change  shall  be  made  in  the 
rates,  fares  and  charges  which  have  been  established  and 
published  as  aforesaid,  by  any  common  carrier,  in  com- 
pliance with  §  2012,  except  after  10  days'  public  notice, 
which  shall  plainly  state  the  changes  proposed  to  be  made 
in  the  schedules  then  in  force,  and  the  time  when  the 
changed  schedules  will  go  into  effect;  and  the  proposed 
changes  shall  be  shown  by  printing  new  schedules,  or  shall 
be  plainly  indicated  upon  the  schedules  in  force  at  the  time 
and  kept  for  public  inspection.  And  no  change  shall  be 
made  in  any  schedule  of  rates  or  schedules  of  joint  rates 
which  has  been  in  effect  for  60  days,  so  as  to  raise  the  rates 
for  transportation  of  grain,  lumber,  coal,  or  live  stock  bj 
change  of  rates  or  of  classification,  except  upon  the  written 
order  of  the  commission  allowing  such  change,  made  upon 
hearing  and  such  notice  to  shippers  as  the  commission 
shall  direct.  Any  company  violating  any  provision  of  this 
section  shall  forfeit  to  the  State  $100  for  each  day  f;uch 
violation  shall  continue.  (386b;  1899,  c.  100.)  See  1905, 
c.  176,  following  §  1962,  above. 

Schedules  to  be  filed.  §  2014.  Every  railroad  comjauj 
shall  file  with  the  commission  copies  of  such  schedules,  and 
shall  promptly  notify  the  commission  of  all  proposed 
changes  therein.  Every  such  company  shall  also  file  i.ith 
the  commission  copies  of  all  its  traffic  agreements  or  ar- 
rangements with  other  carriers.  Copies  of  all  joint  sc  led- 
ules  of  rates,  fares,  or  classifications  shall  also  be  filed 
with  the  commission  and  be  made  public  in  the  same  man- 
ner as  hereinbefore  provided  for  the  publication  of  tariffs, 
(386d.) 

Unlawful  charges.  §  2015.  No  such  carrier  shall  cha  rge, 
demand,  collect,  or  receive  for  any  service  a  greatei  oi 
less  sum  than  that  fixed  in  its  published  schedules.  (38  ic.) 

Switching  charges.  §  2016.  There  shall  be  but  one 
terminal  charge  for  switching  or  transferring  any  cai 
within  any  one  municipality.  If  it  is  necessary  that  inj 
car  in  such  transfer  pass  over  the  tracks  of  more  than  one 
railroad  within  such  limits,  the  company  first  so  tr  ins- 
ferring  such  car  shall  receive  the  entire  charge  there  for, 
and  shall  be  liable  to  each  company  doing  subseqi  ent 
switching  thereof  for  its  just  share  of  such  charge,  ub- 
ject  to  the  rules  adopted  by  the  commission.  Any  lis- 
agroeinent  as  to  such  division  shall  be  finally  determi  led 
by  the  commission.     (385c.) 

Long  and  short  haul.  §  2017.  No  carrier  shall  eh!  rge 
or  receive  any  greater  compensation  for  the  transporta  ion 
of  passengers  or  of  like  kind  or  class  and  quantitj  of 
property,  for  a  shorter  than  for  a  longer  distance  over  (he 
same  line,  the  shorter  being  included  within  the  lor  eer 
distance;  but  tViis  shall  not  be  so  construed  as  to  aut  cor- 
ize  any  carrier  to  charge  or  receive  as  great  compensa  ion 
for  a  shorter  as  for  a  longer  distance;  but  upon  applica- 
tion to  the  commission  such  carrier.  In  special  cases,  a  tei 
investigation  by  the  commission,  may  be  authorized  to 
charge  less  for  longer  than  for  shorter  distances,  for  the 
transportation  of  passengers  or  property;  and  the  com- 
mission may  from  time  to  time  prescribe  the  exten  to 
which  such  designated  carriers  may  be  relieved  from  the 
operation  of  this  section.  No  carrier  shall  charge  or  re- 
ceive any  greater  compensation  per  ton  per  mile  for  the 
contemporaneous  transportation  of  the  same  class  of 
freight  for  a  longer  than  for  a  shorter  distance  over  the 
same  line  in  the  same  general  direction,  or  from  the  s  ime 
original  point  of  departure,  or  to  the  same  point  of  arrl  al; 
but  this  shall  not  be  construed  so  as  to  authorize  any  car- 
rier to  charge  as  high  a  rate  per  ton  per  mile  for  a  loi  ger 
as  for  a  shorter  distance.     (384,  385.) 

Joint  rates.  §  2018.  (381b,  381f.)  Repealed  1911,  c.  318. 
See  above,  following  §  1981. 

Transfer  facilities.  §  2019.  All  such  railroad  companies, 
at  all  points  of  connection.  Intersection  or  crossing  at  g  ade 
of  different  railroads,  where  it  is  practicable,  shall  pro.ide 
reasonable,  ample  and  equal  facilities,  by  track  connection, 
passenger  platforms  and  otherwise,  for  transferring  >  "•" 
passengers  and  property  between  their  respective  i 
without  unreasonable  delay;  and  at  any  place  where 
tracks  of  the  two  railroad  companies  are  within  500  feet 
apart,  whether  on  the  same  grade  or  not,  where  it  is  irac- 
tlcable  and  deemed  reasonably  necessary,  the  commlsf;lon, 
upon  the  application  of  any  interested  person,  may  require 
such  track  connection.  All  such  railroad  companies  shall 
not  discriminate  in  their  rates  or  charges  between  such 


Public  Service  Laws 


741 


connecting  lines  or  on  freight  coming  over  them;  but  no 
such  company  shall  be  required  to  furnish  to  another  rail- 
road company  its  tracks,  equipment  or  terminal  facilities 
without  reasonable  compensation.  (381a;  1895,  c.  91;  as 
amended  1907,  c.  27.) 

Adjustment  of  costs  of  transfer.  §  2020.  Each  such 
company  shall  pay  its  proportionate  share  for  the  building 
and  maintenance  of  tracks  and  switches  necessary  for  such 
transfer  facilities.  If  such  companies  cannot  agree  upon 
such  proportion,  either  company  may  apply  to  the  commis- 
sion to  determine  the  same.     (381a;  1895,  c.  91.) 

Transfer  of  carload  shipments.  §  2021.  Freight  in  car- 
load lots  shall  be  transferred  without  unloading  from  the 
cars  containing  the  same,  unless  such  unloading  and  re- 
loading shall  be  done  without  charge  to  the  shipper  or 
receiver,  under  such  contract  arrangements  as  the  con- 
necting companies  may  make  or  under  rules  prescribed  by 
the  commission.     (381b;   1895,  c.  91.) 

Smaller  shipments.  §  2022.  Less  than  carload  lots 
shall  be  transferred  at  cost,  and  the  charge  for  such  trans- 
fer shall  be  included  in  the  joint  rate.  All  railroad  compa- 
nies shall  give  the  same  facilities  to  local  or  State  as  to 
interstate  traffic.     (381b;    1895,  c.  91.) 

Division  of  cars  among  applicants.  §  2023.  Whenever 
any  railroad  company  shall  be  unable  to  furnish  enough 
cars  at  any  station  or  side  track  to  supply  all  persons  de- 
manding them  for  the  shipment  of  freight,  such  cars  as 
the  company  can  furnish  shall  be  divided  among  the  appli- 
cants equally  until  each  shipper  has  received  at  least  one 
car,  after  which  the  balance  shall  be  divided  ratably  In 
proportion  to  the  amount  of  daily  receipts  of  grain  or  other 
freight  to  each  shipper,  or  to  the  total  amount  of  grain 
offered  at  such  station  or  side  track.  (385b.)  See  also 
Acts  of  1907,  c.  23,  which  is  as  follows: 

CAR    SERVICE DEMURRAGE. 

Be  it  enacted  'by  the  legislature  of  the  State  of  Minnesota: 
Dutij  of  railroad  to  furnish  cars,  etc.,  to  all  alike.  §  1. 
It  shall  be  the  duty  of  any  railroad  company  to  furnish 
suitable  car  or  cars  to  every  and  all  persons,  without  dis- 
crimination, who  may  apply  therefor  in  good  faith  for  the 
transportation  of  any  and  all  kinds  of  freight  and  to  re- 
ceive and  transport  such  freight  with  all  reasonable  dis- 
patch, and  to  provide  and  keep  suitable  facilities  for  the 
receiving  and  handling  of  same  at  any  station  or  public 
switch  on  the  line  of  its  road,  and  also  to  receive  and  trans- 
port in  like  manner  the  empty  or  loaded  cars  furnished  by 
any  connecting  road,  to  be  delivered  at  any  station  or  sta- 
tions on  the  line  of  its  road,  to  be  loaded  or  discharged  or 
reloaded  and  returned  to  th-e  road  so  connected;  and  for 
compensation  it  shall  not  demand  or  receive  any  greater 
sum  than  is  accepted  by  it  from  any  other  connecting  rail- 
road for  a  like  service. 

Within  J/S  hours  after  application  therefor.  §  1  (con- 
tinued). When  the  owner,  manager  or  shipper  of  any 
freight  of  any  kind  shall  make  application  in  writing  to 
any  superintendent,  agent  or  other  person  in  charge  of 
transportation  of  any  railroad  company  at  any  point  that 
cars  are  desired  in  or  upon  which  to  ship  any  freight,  it 
shall  be  the  duty  of  such  railroad  company  to  supply  the 
number  of  cars  so  required  at  the  point  indicated  In  the 
application  within  a  reasonable  time  thereafter,  not  to 
exceed  48  hours  at  terminal  points  and  72  hours  at  inter- 
mediate points,  from  the  receipt  of  such  application,  Sun- 
days and  legal  holidays  excepted,  and  shall  supply  such 
cars  to  the  person  or  persons  so  applying  therefor  in  the 
order  In  which  such  applications  are  made,  without  giving 
preference  to  any  person;  provided,  that  if  the  application 
be  for  more  than  three  cars,  the  railroad  company  may 
have  one  additional  day  in  which  to  supply  each  additional 
car  so  ordered. 

Requisites  of  application.  §1  (continued).  Said  appli- 
cation for  cars  shall  be  in  writing,  stating  the  number 
of  cars  wanted;  the  time  and  place  desired,  and  said 
application  shall  state  the  character  of  freight  and  its 
final  destination.  To  facilitate  the  making  of  the  appli- 
cation in  writing,  every  railroad  company  doing  business 
in  this  State  shall  provide  suitable  blanks  for  that 
purpose  to  be  kept  at  all  freight  offices;  and  it  shall  be 
the  duty  of  every  such  -lilroad  company,  upon  the 
request  of  the  applicant,  to  furnish  him  a  duplicate  of 
such   application. 

Penalty  for  not  furnishing  cars.   §  1  (continued).    When 


cars  are  applied  for  under  the  provisions  of  this  chapter, 
if  they  are  not  furnished  within  the  time  herein  stated, 
the  railroad  company  so  failing  to  furnish  them  shall 
forfeit  to  the  party  or  parties  so  applying  for  them  the 
sum  of  $1  per  day  for  each  car  failed  to  be  furnished, 
to  be  recovered  in  any  court  of  competent  jurisdiction, 
together  with  all  damages  such  applicant  may  have  sus- 
tained. 

Loaded  cars  to  6e  started  within  24  hours.  §  2.  Any 
railroad  company  mentioned  in  §  1  of  this  Act,  upon 
receipt  of  notice  from  a  shipper  that  one  or  more  cars 
have  been  loaded  by  such  shipper  and  are  ready  for 
delivery  to  such  company  at  the  place  of  loading  thereof, 
to  be  carried  on  the  road  of  such  company  towards 
the  destination  thereof,  shall  remove  such  car  or  cars 
from  such  loading  point  and  forward  the  same  towards 
destination  within  24  hours  after  receiving  such  notice, 
Sunday  and  legal  holidays  excepted;  and  for  every  delay 
of  24  hours  or  fraction  thereof  after  the  expiration  of 
the  period  therein  allowed  for  the  removal  thereof,  such 
railroad  company  shall  forfeit  to  such  shipper  the  sum 
of  $1  for  each  and  every  car  not  so  removed  within  the 
period  herein  provided,  together  with  all  damages  he 
may  have  sustained  by  failure  so  to  remove. 

Cars  from  connecting  roads  to  ie  started  within  2^ 
hours.  §  3.  Any  railroad  company  mentioned  in  §  1  of  this 
A'ct  which  shall  receive  from  a  connecting  railroad  corn- 
pany  one  or  more  cars  of  freight  consigned  to  any  point 
on  or  beyond  its  line,  shall,  within  24  hours  after  such 
car  or  cars  are  offered  to  it,  or  are  placed  on  its  trans- 
fer or  other  track,  forward  said  car  or  cars  over  its 
railroad  towards  destination;  and  for  every  delay  of  24 
hours  or  fraction  thereof  on  the  part  of  said  railroad  com- 
pany in  forwarding  said  car  or  cars  beyond  said  allowed 
period  of  24  hours,  said  railroad  company  shall  forfeit 
to  the  party  injured  by  such  delay  the  sum  of  $1  tor 
each  and  every  car  so  received  and  not  forwarded  upon 
its  lines  within  the  time  above  allowed  together  with 
all   damages  he  may  have  sustained. 

And  kept  moving  oO  miles  per  day.  §  4.  When  any 
railroad  company  in  this  State  shall  have  received 
from  any  shipper  or  from  a  connecting  railroad,  for 
shipment  over  its  railroad,  one  or  more  cars  of  freight, 
it  shall  be  the  duty  of  such  company  receiving  such  car 
or  cars  of  freight  within  24  hours  thereafter  to  start 
the  same  forward  from  the  place  of  shipment  toward 
the  place  of  destination,  and  after  being  started  forward 
such  car  or  cars  of  freight  shall  be  continued  in  transit 
toward  the  destination  thereof  at  a  rate  of  not  less  than 
an  average  speed  of  50  miles  per  day  of  24  hours;  and 
upon  the  failure  of  such  railroad  company  to  transport 
such  car  or  cars  at  the  speed  herein  indicated  such 
railroad  company  shall  forfeit  to  the  consignee  thereof 
$1  for  each  and  every  car  for  each  24  hours  or  fraction 
thereof  consumed  in  the  transportation  of  said  car 
or  cars  in  excess  of  the  time  herein  prescribed;  and 
in  ascertaining  the  time  consumed  in  the  shipment 
of  such  car  or  cars,  the  time  shall  begin  to  run  24  hours 
after  the  date  of  the  bill  of  lading  or  receipt  given  for 
said  car  or  cars  by  said  railroad  company,  which  bill 
of  lading  or  receipt  shall  be  received  by  the  courts  of 
this  State  as  prima  facie  evidence  of  the  time  when 
said  car  or  cars  were  received  by  such  company. 

Delivery  at  place  of  unloading.  §  5.  It  shall  be  the 
duty  of  every  railroad  company  mentioned  in  §  1  of  this 
Act,  to  deliver  at  the  usual  place  of  unloading  by  the 
consignee  all  cars  of  freight  hauled  by  it  for  delivery 
to  said  consignee  within  48  hours,  Sundays  and  legal 
holidays  excepted,  after  the  same  shall  have  reached 
its  point  of  destination;  and  for  each  and  every  delay 
of  24  hours  or  fraction  thereof  in  not  so  delivering 
the  same  after  the  expiration  of  the  time  herein  pre- 
scribed, said  railroad  company  shall  forfeit  the  sura 
of  $1  for  each  and  every  car  not  so  delivered  within 
the  time  herein  allowed. 

Shipper  to  load  within  J,8  hours.  §  6.  It  shall  be  the 
duty  of  any  shipper  in  compliance  with  whose  request 
any  railroad  company  mentioned  in  §  1  of  this  Act 
has  placed  one  or  more  cars  at  the  usual  loading  point 
of  said  shipper,  to  fully  complete  the  loading  thereof, 
ready  for  redelivery  to  said  railroad  company  within 
48  hours  after  the  same  shall  have  been   placed  at  such 


742 


National  Association  of  Eailway  Commissioners 


I 


loading  point,  Sundays  and  legal  holidays  excepted, 
which  full  period  for  loading  is  allowed  the  shipper  free 
from  demurrage  charges;  and  for  every  24  hours  or 
fraction  thereof  of  delay  beyond  said  period  in  so  loading 
said  car  or  cars  such  shipper  shall  become  indebted, 
and  on  demand  shall  pay,  to  said  railroad  company  the 
sum  of  $1  fot  each  and  every  car  so  placed  and  not 
loaded  and  ready  for  redelivery  within  the  time  allowed 
herein. 

Consignee  to  unload  within  times  specified.  §  7.  It 
shall  be  the  duty  of  the  consignee  of  each  and  every 
car  delivered  by  any  railroad  company  mentioned  in  §  1 
of  this  Act,  at  the  usual  place  of  unloading  by  thf» 
consignee,  to  fully  unload  such  car  or  cars  within  72 
hours  for  bituminous  coal,  bulk  lime,  fruit  or  vegetables, 
or  lumber  shipments,  and  48  hours  for  other  shipments, 
from  the  time  the  same  shall  be  placed  at  the  usual 
unloading  such  car  or  cars  beyond  the  said  above  periods 
are  allowed  the  consignee  for  unloading  free  from  de- 
murrage charges;  and  for  each  and  every  delay  of  24 
hours  or  fraction  thereof,  on  the  part  of  the  consignee  in 
unloading  such  car  or  cars  beyond  the  said  above  periods 
respectively,  the  consignee  shall  become  indebted,  and 
on  demand  shall  pay,  to  the  railroad  company  delivering 
such  car  or  cars,  the  sum  of  $1  for  each  and  every 
car  not   so   unloaded   within   the   time   herein   prescribed. 

Railroad  must  issue  hill  of  lading.  §  8.  For  all  ship- 
ments of  freight  in  carload  lots  on  the  railroads  men- 
tioned in  §  1  of  this  Act,  proper  bills  of  lading  showing 
the  date  of  delivery  to  such  railroad  company,  the  weights 
and  the  marks  and  numbers  of  each  car  so  shipped, 
shall  be  issued  by  the  railroad  company  and  delivered 
to  the  shipper  at  the  time  of  receiving  such  car  or  cars; 
which  bill  of  lading  when  offered  by  any  party  in  any 
cause  pending  in  any  court  In  this  State,  shall  be  re- 
ceived and  admitted  in  evidence  by  such  court  as  prima 
facie  evidence  of  the  time  when  delivery  of  such  car  or 
cars  was  made  by  the  consignor  to  such  railroad  com- 
pany and  of  the  weights  and  the  contents  thereof  when 
so  delivered  to  such  company,  and  such  railroad  com- 
pany shall  be  subject  to  a  penalty  of  $100  for  its  neg- 
lect or  refusal  to  furnish  such  shippers  such  bill  of  lad- 
ing for  each  car  so  received  by  it. 

Notice  to  consignee  of  arrival.  §  9.  Railroad  companies 
shall  within  24  hours  after  arrival  of  any  car  or  cars 
give  notice  to  the  consignee  of  the  arrival  of  such  car 
or  cars,  together  with  the  amount  of  freight  charges 
due  thereon.  The  notice,  as  referred  to  in  this  Act, 
may  be  either  actual  or  constructive.  When  the  con- 
signee or  agent  Is  personally  served  with  notice  of  arrival 
of  car  or  cars  at  or  before  6  p.  m.  of  any  day,  free 
time  shall  begin  at  7  a.  m.  of  the  day  after  such  notice 
shall  have  been  given.  Constructive  notice  consists  of 
posting  notice  by  mail  to  consignee.  When  this  method 
of  notice  is  adopted  there  shall  be  24  hours'  additional 
free  time. 

Demurrage  to  he  in  addition  to  damages.  §  10.  The 
payment  by  said  railroad  company  of  demurrage  provided 
in  this  Act,  shall  in  no  way  invalidate  or  offset  any  claim 
any  shipper  or  consignee  may  have  or  make  for  dam- 
ages occasioned  by  delay  on  the  part  of  such  railroad 
company,  or  other  cause,  but  shall  be  a  further  remedy 
and  in  addition  to  any  already  existing.  Nor  shall 
anything  herein  contained  be  held  to  lessen  the  duties 
of  any  common  carrier  In  the  shipment  of  live  stock  or 
other  perishable  property. 

Strikes,  accidents,  etc.  §  11.  The  period  during  whlcli 
the  movement  of  freight  or  furnishing  cars  Is  suspended 
on  account  of  strikes,  public  calamities,  accident,  or 
any  cause  not  within  the  power  of  the  railroad  company 
to  prevent,  or  during  which  the  loading  or  unloading 
of  freight  by  shipper  or  consignee  is  delayed  by  reason 
of  inclement  weather  which  would  make  loading  or 
unloading  impracticable,  or  any  cause  not  in  the  power 
of  said  shipper  or  consignee  to  prevent,  shall  be  added 
to  the  free  time  allowed  in  this  Act  and  counted  as 
additional  free  time. 

Detailed  report  to  commission.  §  12.  It  shall  be  the 
duty  of  every  railroad  company  operating  within  the 
State  of  Minnesota  to  make  at  the  end  of  each  month 
a  sworn  detailed  report  of  all  penalties  paid  and  col- 
lected as  demurrage  during  the  previous  month,  showing 


therein  to  whom  paid  or  from  whom  received;  this  re- 
port shall  be  filed  with  the  railroad  and  warehouse 
commission. 

Suits — Attorney's  fees.  §  13.  When  suit  la  brought  to 
collect  any  of  the  damages,  forfeitures  or  demurrage 
charges  provided  for  in  this  Act,  said  suit  may  be 
brought  in  any  court  in  this  State  having  jurisdiction 
of  the  subject  matter  and  parties  under  the  then  ex- 
isting cause;  and  if  the  plaintiff  therein  recover  judgment 
such  plaintiff  shall  also  recover  a  reasonable  attorney's 
fee  for  bringing  such  suit,  to  be  taxed  as  costs  in 
other  cases  and  paid  as  other  costs  by  defendant  in  such 
suit. 

When  in  effect.  §  14.  This  Act  shall  take  effect  and  be 
in  force  from  and  after  July  1,  1907. 

Approved   April   17,   1907. 

Empty  cars  kept  closed.  §  2024.  To  prevent  the  spread 
of  noxious  weeds,  every  such  company  shall  keep  the 
doors  of  all  empty  freight  cars  closed  during  transit 
on  any  of  its  lines  in  this  State.  Every  such  company 
violating  the  provisions  of  this  section  shall  forfeit 
to  the  State  not  less  than  $10  nor  more  than  $25  for  each 
offense.     (1895,  c.  271.) 

Transportation  of  live  stock.  §  2025.  Every  such  com- 
pany shall  furnish,  at  proper  points  designated  by  it, 
suitable  cars  for  the  transportation  of  live  stock  of  all 
kinds,  and  shall  transport  the  same  at  a  rate  not 
to  exceed  the  highest  rate  charged  by  such  comp  my 
for  any  kind  of  stock  in  such  car.  Stock  of  diffeient 
kinds  shall  be  carried  in  the  same  car,  at  the  optior  of 
the  shipper,  and  at  his  expense  for  properly  partitioring 
the  car.  Any  such  company  failing  to  comply  v  ith 
any  provision  of  this  section  shall  forfeit  to  the  pi  rty 
aggrieved  not  less  than  $100  nor  more  than  $  00. 
(2710-2712;  1911,  c.  336;  preceding  §1953,  above.) 

Transportation  of  shippers,  etc.  §  2026.  Every  s  ich 
company  receiving  for  shipment  live  stock  by  the  '  ai^ 
load  shall  without  additional  charge  transport,  gc  ing 
and  returning,  in  a  caboose,  or  other  suitable  car,  v  ith 
the  first  such  carload,  one  person  to  care  for  such  st(  ck, 
and  one  person  in  addition  for  each  four  additic  lal 
carloads  shipped  at  the  same  time.  Any  company  fai:  ng 
to  comply  with  the  provisions  of  this  section  shall  be 
liable  to  the  shipper  for  all  damage  sustained  by  1  im 
by  reason  of  such  failure,  and  any  judgment  recove  ed 
for  such  damages  shall  include  a  reasonable  attorni  y's 
fee.  (1899,  c.  170;  as  amended  1909,  c.  380;  1911,  c.  3  !6; 
preceding  §  1953,  above.) 

Time  allowed  for  loading  produce.  §  2027.  Every  s  ich 
company  shall  allow  a  shipper  36  hours,  exclusive  of 
Sundays,  without  additional  charge,  in  which  to  load  ny 
car  ordered  for  the  shipment  of  grain  or  other  farm  pi  od- 
uce.     (1903,  c.  320;  1911,  c.  336;  preceding  §  1953,  aboi  e.) 

Depots  hnd  waiting  rooms.  §  2028.  Every  such  rallr  )ad 
company  shall  provide  and  maintain,  at  all  villages  nd 
cities  upon  its  lines,  depots  with  suitable  waiting  ro(  ms 
for  passengers  and  rooms  for  storage  of  freight,  In 
places  of  400  inhabitants  or  more.  Such  depots  s^all 
have  separate  waiting  rooms  for  men  and  won  en, 
of  sufficient  size  to  accommodate  all  passengers  s  op- 
ping  thereat,  and  not  less  than  15x18  feet  In  size  md 
10  feet  in  height,  properly  and  comfortably  furnisl  ed, 
heated,  lighted  and  ventilated,  and  in  such  condition 
open  for  the  rjception,  of  passengers  for  at  least  one-half 
hour  before  and  after  the  arrival  of  each  passer  i;er 
train.  (2702;  1901,  c.  270;  as  amended  1907,  c.  54;  1  HI, 
c.  336;  preceding  §1953,  above.)  See,  also.  Laws  X\ 
c.  208,  as  follows:  n 

TOILET  ROOMS    AT   STATIONS. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 
Commission  to  require  toilet  rooms  in  stations.  §  1.  The 
railroad  and  warehouse  commission  of  this  State  is 
hereby  authorized  and  empowered,  on  complaint  <  uly 
made,  to  order  that  all  railroad  companies  operaiins 
within  the  State  of  Minnesota  shall  provide  or  cause 
to  be  provided  suitable  toilet  rooms  in,  or  immediately 
adjacent  to,  every  railroad  station  waiting  room  locf.ted 
on  its  lines  in  this  State,  and  they  are  hereby  required 
to  maintain  and  keep  said  toilet  rooms  in  a  good  sani- 
tary condition.  Provided,  in  case  there  is  no  water 
and    sewerage    system    in    towns    where    railroad    station 


i 


Public  Service  Laws 


743 


raiting  rooms  are  located,  which  extends  to  a  point 
ot  more  than  100  feet  distant  from  such  station  waiting 
corns,  then,  and  in  such  case,  said  railroad  companies 
hall  provide  and  maintain,  in  good  sanitary  condition, 
nthin  a  reasonable  and  convenient  distance  of  said 
tation  waiting  rooms,  a  suitable  closet  or  privy. 

Penalty.  §  2.  Any  railroad  company  maintaining  wait- 
ttg  rooms  at  their  stations  in  this  State,  who  shall 
ail  to  comply  with  the  provisions  of  §  1  of  this  Act, 
hall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
onviction  thereof  shall  be  subject  to  a  fine  of  not  ex- 
eeding   $100   and   costs   of  prosecution. 

Commission  to  enforce  the  Act.  §  3.  The  railroad  and 
warehouse    commission    ot    the    State    shall    have    power 

0  enforce    the   provisions   of  this   Act. 

When  in  effect.    §  4.    This  Act  shall  take  effect  and  be 

1  force  from  and  after  June  1,  1905. 
Approved  April  17,   1905. 

Certain  depots  to  6e  kept  open.  §  2029.  When  the  an- 
ual  business  from  outgoing  and  incoming  traffic  at  any 
tation  amounts  to  $8,000  or  more,  such  company  shall 
eep  an  agent  at  such  station  during  the  business  hours 
t  each  business  day;  and  no  station  shall  be  abandoned, 
or  the  depot  removed,  nor  an  agent  withdrawn  there- 
roni  without  the  written  consent  of  the  commission, 
'he  commission  may  by  written  order  authorize  the 
nthdrawal  of  such  agent  at  stations  where  the  business 
3  periodical,  during  such  time  as  there  is  no  business 
hereat,  or  the  abandonment  of  any  station  where  the 
usiiiess  from  outgoing  and  incoming  traffic  is  less  than 
1,500  for  any  consecutive  three  months.  (2072;  1901, 
.  270;  1903,  c.  319;  1911,  c.  336;  preceding  §1953,  above.) 

Penalty.  §  2030.  Any  company  failing  to  comply  with 
ny  of  the  provisions  of  §§  2028,  2029  shall  forfeit  to  the 
Itate  for  each  such  violation  not  less  than  $500  nor  more 
han  $1,000;  and  each  period  of  30  days  that  any  such 
allure  shall  continue  shall  be  deemed  to  constitute  a 
eparate  offense.  (2703;  1901,  c.  270;  1911,  c.  336;  preced- 
Qg  §  1953,  above.) 

Trains  to  stop  at  stations.  §  2031.  All  trains  carrying 
lassengers,  except  through  and  limited  trains  not,ad- 
ertised  for  local  business,  shall  stop  at  the  depot  in  each 
ity  and  village,  and  at  other  stations  at  which  such 
rain  is  advertised  to  stop,  a  sufficient  time,  not  less 
han  one  minute,  to  safely  discharge  and  receive  pas- 
engers.     (2705,  2706;  1901,  c.  270.) 

Neio  road — Notice  to  commission — Filing  map,  etc. 
2032.  Every  railroad  company  having  constructed  any 
ailroad  by  way  of  branch  or  extension,  or  otherwise,  be- 
ore  the  opening  the  same  to  public  use,  shall  notify  the 
ommission  that  the  same  is  finished  and  in  a  safe  condi- 
ion  for  operation,  and  shall  file  with  said  commission  a 
nap  and  profile  thereof  with  table  of  grades,  curvatures 
,nd  mileage,  and  a  statement  of  other  characteristics  ot 
uch  "road"  and  an  Itemized  statement  showing  the  com- 
ilete  cost  thereof;  all  of  the  foregoing  to  be  in  such  forms 
s  the  commission  shall  prescribe  and  to  be  attested 
ly  the  oath  of  the  president  or  other  managing  officer, 
iiid  the  chief  engineer  of  the  company.  Before  the 
tew  line  is  operated  as  a  public  road,  the  commission 
hall  inspect  the  same  or  cause  it  to  be  inspected  and 
urnish  the  company  with  a  certificate  showing  the 
ompliance  with  the  foregoing  conditions,  that  the  road 
las  been  inspected  and  found  to  be  in  a  safe  condition 
or  operation.  Provided,  however,  that  whenever  it  Is 
ound  desirable  to  operate  any  portion  of  any  new  rail- 
oad  built  or  any  new  branch  or  extension,  or  otherwise, 
efore  completion  of  the  same,  the  commission  may  on 
pplication  authorize  the  Oi>eration  of  such  portion  thereof 
'ending  the  completion  ot  the  entire  road  under  such 
erms  and  conditions  as  the  commission  may  impose 
a  the  interests  of  the  public.  (1670;  as  amended  1907, 
.  260.) 

Stopping  trains  at  crossings.  §  2033.  Every  company 
perating  a  railroad  shall  cause  all  trains  on  such 
ailroad  to  come  to  a  full  stop  not  less  than  10  nor  more 
han  60  rods  before  reaching  any  railroad  junction  or 
rossing  at  grade,  unless  such  stoppage  is  rendered  un- 
ecessary  by  an  interlocking  plant  or  other  device  ap- 
roved  by  the  written  order  of  the  commission,  or  by  the 
ourt  upon  appeal.  Any  company  violating  any  of  the 
irovisiOns    of    this    section    shall    forfeit    not    less    than 


$20  nor  more  than  $100,  to  be  recovered  in  a  civil  action 
before  any  justice  of  the  peace  of  the  county  in  which 
such  violation  occurs,  upon  complaint  of  any  person, 
one-half  to  go  to  the  complainant,  and  one-half  to  the 
school   fund   of  the   county.      (2706.) 

Transfer  of  passengers.  §  2034.  Trains  shall  stop  at 
all  junctions  and  railroad  crossings  where  transfer  of 
passengers  is  required  as  at  stations,  and,  as  far  as 
can  be  reasonably  done,  companies  shall  so  adjust  their 
time-tables  as  to  facilitate  such  transfer.  In  case  trains 
on  intersecting  roads  are  due  at  any  such  junction  or 
crossing  at  practically  the  same  time,  within  two  minutes 
of  each  other,  the  train  first  arriving  shall  wait  for  the 
other  train  five  minutes,  unless  it  is  known  that  such 
train  cannot  arrive  within  said  time.  Any  superintend- 
ent, engineer,  conductor,  or  other  officer  or  employe  of 
any  railroad  company  who  shall  violate  any  of  the  pro- 
visions of  this  section,  or  cause  a  violation  thereof, 
shall  be  guilty  of  a  gross  misdemeanor.     (2707.) 

Toilet  rooms  in  cars.  §  2035.  Every  such  company  shall 
provide,  in  all  cars  and  cabooses  used  for  carrying  pas- 
sengers or  other  persons  not  employes  of  such  company, 
suitable  toilet  rooms  for  the  use  of  such  persons.  Any 
such  company  failing  to  comply  with  the  provisions  of 
this  section  shall  forfeit  to  the  State  $100  for  each  day 
that  such  default  shall  continue.  (1899,  c.  314;  1911,  c.  336; 
preceding  §  1953,  above.) 

Fire  extinguishers  and  tools.  §  2036.  Every  such  com- 
pany shall  keep,  at  each  end  of  each  passenger  and 
sleeping  car  run  or  operated  by  it,  fire  extinguishers  of 
good  and  approved  construction,  in  good  condition  for 
use,  and  in  a  safe  and  convenient  position,  and  In  each 
car  two  saws  and  two  axes,  one  of  each  to  be  kept  in- 
side and  one  outside  of  the  car,  in  convenient  places 
for  use  in  case  of  accident.  Any  company  violating  any 
provision  of  this  section  shall  forfeit  to  the  State  not 
more  than  $1,000,  and  any  officer,  agent,  or  employe 
of  such  company  who  shall  be  responsible  for  such  viola- 
tion shall  be  guilty  of  a  gross  misdemeanor,  and  punished 
by  a  fine  of  not  more  than  $1,000.     (402.  403.) 

Prevention  of  fire.  §  2037.  Every  company  operating  a 
railroad  shall  use  upon  each  locomotive  engine  a  good 
and  efficient  spark  arrester,  which  the  master  mechanic 
shall  cause  to  be  examined  each  time  before  leavln.? 
roundhouse,  and  the  master  mechanic  and  the  employe 
making  such  examination  shall  be  held  responsible  for 
the  good  condition  of  the  same,  but  without  relieving 
the  company  froni  its  responsibility  hereunder.  Every 
such  company  shall  keep  its  right  of  way  clear  of 
combustible  materials,  except  ties  and  other  materials 
necessary  for  the  maintenance  and  operation  of  the 
road,  from  April  15  to  December  1.  No  company  shall 
permit  any  of  its  employes  to  leave  a  deposit  of  fire, 
live  coals  or  ashes  in  the  immediate  vicinity  of  wood 
land  or  lands  liable  to  be  overrun  by  fire,  and  every 
engineer,  conductor  or  trainman  discovering  fire  adjacent 
to  the  track  shall  report  the  same  promptly  at  the  first 
telegraph  or  telephone  station  reached  by  him.  In 
dry  seasons  every  such  company  shall  give  its  employes 
particular  Instructions  for  the  prevention  and  extin- 
guishment of  fires,  and  shall  cause  warning  placards 
furnished  by  the  forestry  commissioner  to  be  conspicu- 
ously posted  at  every  station  in  the  vicinity  of  forest  and 
grass  lands,  and,  when  a  fire  occurs  near  the  line  of  its 
road,  shall  concentrate  such  help  and  adopt  such  meas- 
ures as  shall  be  available  for  its  extinguishment.  In 
dry  seasons  every  such  company  shall  employ  at  least 
one  patrolman  for  each  mile  of  its  road  through  lands 
liable  to  be  overrun  by  fire  to  discover  and  extinguish 
fires  occurring  near  the  line  of  the  road,  by  which  Is 
meant  a  distance  within  which  a  fire  could  usually  be 
set  by  sparks  from  a  passing  locomotive.  Any  com- 
pany violating  any  provision  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  fined  not  less  than  $50  and  not  exceed- 
ing $100  and  costs  of  prosecution,  for  each  offense,  and 
and  any  railroad  employe  violating  the  same  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  $50  nor  more  than  $100  and  costs 
of  prosecution,  or  by  imprisonment  in  the  county  jail 
not  exceeding  90  days.  (1895,  c.  196,  s.  12;  1903,  c.  363, 
s.  12;  1909,  c.  182;  1911,  c.  9.) 


Ui 


National  Association  of  Railway  Commissioneks 


Abandonment  of  road.  §  2038.  No  company  operating 
any  line  of  railroad  in  the  State  of  Minnesota  shall  aban- 
don the  same  or  any  portion  thereof,  nor  shall  it  abandon 
any  siding,  side  track,  spur  or  other  railway  track  of  any 
kind  which  has  once  been  opened  and  used  for  business, 
nor  shall  it  close  for  traffic  thereon  except  as  provided 
In  §  2039  as  the  same  is  hereinafter  amended.  Any  com- 
pany violating  any  provision  of  this  section  shall  forfeit 
to  the  State  not  less  than  $200  nor  more  than  51,000  for 
each  day  such  violation  continues.  (2755;  as  amended 
1907,  c.  261.) 

Procedure  for  abandonment.  §  2039.  Any  such  company 
desiring  to  abandon  or  close  for  traffic  any  portion  of  its 
line,  siding,  side  track,  spur  or  other  railway  track, 
shall  first  make  application  to  the  commission  in  writing. 
Before  passing  upon  such  application  the  commission 
shall  fix  a  time  and  place  for  hearing  and  require  such 
notice  thereof  to  be  given  as  it  deems  reasonable.  Upon 
the  hearing,  the  commission  shall  ascertain  the  facta 
and  make  findings  thereon,  and  if  such  facts  satisfy 
the  commission  that  the  proposed  abandonment  or 
closing  for  traffic  will  not  result  in  substantial  injury 
to  the  public,  they  may  allow  the  same,  otherv/ise,  it 
shall  be  denied,  or,  if  the  facts  warrant  it,  the  application 
may  be  granted  in  a  modified  form.  (2755,  2756;  aa 
amended  1907,  c.  261.) 

Action  against  company.  §  2040.  Whenever  any  such 
railway  company  has  abandoned,  taken  up,  or  ceased 
to  operate,  or  has  closed  for  traffic  auy  portion  of  its 
line  for  30  days  without  having  complied  with  the 
requirements  of  §  2039,  any  town,  municipality, 
corporation  or  individual  which  has  issued  bonds  or 
given  promissory  notes  or  other  thing  of  value  to  such 
railway  company  as  an  inducement  or  aid  to  or  in  the 
construction  of  the  line  ceased  to  be  operated  or  closed 
for  traffic  as  aforesaid,  may  recover  the  same,  or  the 
value  thereof,  in  an  action  against  said  company  in  the 
District  Court  of  any  county  wherein  such  road  or  any 
portion  thereof  has  been  abandoned  or  closed  for  traffic, 
or  the  operation  of  which  has  ceased  as  aforesaid.  The 
foregoing  provisions  shall  not  apply  to  logging  or  ore 
roads  constructed  and  used  exclusively  for  logging  or 
mining  purposes,  nor  shall  it  apply  to  any  railroad 
which  is  not  a  common  carrier.  (2757,  2758;  as  amended 
1907,  c.  261.) 

Fire  caused  by  engine.  §  2041.  Each  railroad  corpora- 
tion owning  or  operating  a  railroad  in  this  State  shall 
be  responsible  in  damages  to  every  person  and  corpo- 
ration whose  property  may  be  injured  or  destroyed  by 
fire  communicated  directly  or  indirectly  by  the  locomotive 
engines  in  use  upon  the  railroad  owned  or  operated  by 
such  railroad  corporation,  and  each  such  railroad  cor- 
poration shall  have  an  insurable  interest  in  the  property 
upon  the  route  of  the  railroad  owned  or  operated  by  it 
and  may  procure  insurance  thereon  in  its  own  behalf 
for  its  protection  against  such  damages.  (2700;  as  amended 
1909,  c.  378.) 

Negligence  of  fellow  servant.^  §  2042.  Every  company 
owning  or  operating,  as  a  common  carrier  or  otherwise, 
a  railroad,  shall  be  liable  for  all  damages  sustained 
within  this  State  by  any  agent  or  servant  thereof,  with- 
out contributory  negligence  on  his  part,  by  reason  of 
the  negligence  of  any  other  servant  thereof,  and  no 
contract,  nor  any  rule  or  regulation  of  such  company, 
shall  impair  or  limit  such  liability.  But  this  section 
shall  not  be  so  construed  as  to  render  any  railroad 
company  liable  for  damages  sustained  by  any  such 
agent  or  servant  while  engaged  in  the  construction  of 
a  new  road,  or  any  part  thereof,  not  open  to  public 
travel   or   use.      (2701.) 

As  to  abbreviations,  see  note  to  §  2041,  above. 

Licenses  for  ticket  agents.  §  2043.  Every  corporation, 
common  carrier,  firm,  or  person  operating  any  line  of 
railroad,  steamboat  line,  or  steamboat,  shall  furnish  to 
each  of  its  authorized  ticket  agents  a  certificate  of 
agency  duly  signed  by  or  on  behalf  of  such  carrier,  and. 
In  case  of  a  corporation,  attested  by  its  corporate  seal. 
Upon  presentation  of  such  certificate  and  payment  of  a 
license  fee  of  $3,  the  secretary  of  State  shall 
Issue  to  such  agent  a  license  to  sell  transportation 
tickets    for   such    carrier.      Such    certificate    and    licensa 


shall  be  kept  conspicuously  posted  in  the  office  of  sucl 
agent,  and  no  other  person  not  so  licensed  shall  sel 
any  ticket  or  other  evidence  of  right  to  passenger  trans 
portation.  Any  person  not  so  licensed  who  shall  sell 
barter,  or  otherwise  transfer  any  such  ticket  or  othe 
evidence  of  right  to  passenger  transportation,  or  an' 
part  thereof,  shall  be  guilty  of  a  gross  mlsdemeanoi 
(2785,  2788;  as  amended  1909,  c.  143.) 

Redemption  of  unused  tickets.  §  2044.  Every  such  caj 
rier  shall  redeem,  upon  presentation  to  any  of  its  autho) 
ized  ticket  agents,  any  passenger  ticket,  coupon,  or  miU 
age  book,  unused  in  whole  or  in  part,  and  which  ha 
not  by  its  terms  expired,  and  shall  pay  therefor  a  pn 
rata  share  of  the  price  at  which  such  ticket  was  soU 
or,  if  wholly  unused,  the  entire  purchase  price.  An 
such  carrier  violating  the  provisions  of  this  section  sha 
forfeit  to  the  State  not  to  exceed  ?500.     (2789,  2791.) 

Application  of  preceding  provisions.  §  2045.  All  tb 
provisions  of  this  chapter  regarding  the  constru::lioi 
maintenance  and  operation  of  railroads,  and  the  cutle 
and  liabilities  of  railroad  companies,  shall  apply  tc  an 
firm  or  person  operating  a  railroad,  whether  as  ovne 
lessee,  trustee,  receiver,  or  otherwise,  and  the  ten 
"company,"  wherever  used  in  this  chapter,  shall  be  co: 
Btrued  to  include  any  such  firm  or  person  when  sue 
construction  is  not  inconsistent  with  the  context.  (S« 
1911,  c.  336;  preceding  §1953,  above.) 

Collection  of  forfeitures.  §  2046.  All  forfeitures  pr 
vlded  by  this  chapter  shall  be  collected  by  civil  sctic 
In  the  name  of  the  State,  and  the  attorney-genera  ai 
the  county  attorney  of  any  county  in  which  the  atu 
of  action   arises  shall  prosecute  such  action. 

Oross  earnings  tax.  §  1003.  Railroad  companies  sha 
pay  a  percentage  of  their  gross  earnings,  in  lie  a  ( 
other  taxes,  in  accordance  with  the  provisions  of  -.av 
1903,  c.  253.  (1669.)  (Supplemented  by  c.  30,  1909;  <  28 
1909;  c.  454,  1909;  c.  389,  1911.) 

State  treasurer,  collector — Deputies.  §  1004.  The  Sta 
treasurer  shall  be  the  collector  of  all  taxes  due  fro 
railroad  corporations  which,  pay  a  percentage  of  ;roi 
ear^iings  in  lieu  of  other  taxes.  He  may  appoint  oi 
or  more  deputies  to  assist  him  in  such  collection,  ai 
may  take  such  bond  and  security  from  such  deputi  s  i 
he  deems  necessary  for  his  indemnity,  and  shall  i  i  « 
cases  be  liable  and  accountable  for  their  procep  iin: 
and  misconduct.  Such  deputies  shall  in  no  ca 
entitled  to  receive  from  the  State  any  fee,  chai 
salary.     (1671,  1672.) 

Return  to  commission — Election  to  pay  semi-ann  tall 
1 1005.  On  or  before  February  1  in  each  year  everj  ra 
road  corporation  owning  or  operating  a  railroad  i  tl 
State  shall  make  to  the  railroad  and  warehouse  co 
sion  a  true  and  just  return  of  all  the  gross  earni' 
its  road  or  roads  within  the  State  for  and  durin  u 
year  ending  December  31  preceding,  verified  b>  tl 
officer  making  the  same:  Provided,  that  any  ra  Irof 
company  may  elect  to  pay  its  taxes  semi-annually  < 
August  1  and  February  1  for  the  preceding  six  ni  >ntl 
of  each  year,  commencing  January  1  and  July  1,  re  pe( 
Ively,  and  in  such  case  such  return  shall  be  made  )n  • 
before  January  20,  for  the  six  months  ending  Dec<  mb 
31  preceding,  and  on  or  before  July  20,  for  th ;  J 
months   ending   June   30   preceding.      (1676,   1678.)  |  ■ 

Commission  to  certify— Duty  of  auditor.  §  100^  ^ 
railroad  and  warehouse  commission  shall  certify  9* 
returns  of  gross  earnings,  with  a  statement  of  th  p 
cent  and  amount  of  taxes  due  thereon,  to  the  s!ta 
auditor,  who  shall  then  make  his  draft  on  such  ra.lroi 
corporation  for  the  amount  of  taxes  due,  and  place  tl 
same  in  the  hands  of  the  State  treasurer  for  coll<ctio 
(1679.) 

Failure  to  return— Penalty— Treasurer  to  fix  tax.  ;i  10( 
If  any  railroad  company  fail  to  make  return  of  its  gro 
earnings,  and  the  whole  thereof,  at  the  time  and  :n  tl 
manner  in  this  chapter  provided,  the  railroad  and  wai 
house  commission  shall  notify  the  treasurer  or  arcoui 
ing  officer  of  such  comijany  of  such  neglect  or  defaul 
and,  if  the  same  continues  for  30  days  after  servi 
of  such  notice,  such  company  shall  be  subject  to  a  p« 
ally  in  an  amount  equal  to  25  per  cent  of  the  tax  inipos< 
upon   such   company,   to   be   added   to   and   collected   wl 

m 


w 


Public  Service  Laws 


745 


such  tax;  and.  if  such  company  fail  within  30  days  after 
such  notice  to  make  such  return,  the  State  treasurer 
shall  fix  the  amount  of  such  gross  earnings  and  tax, 
together  with  such  penalty,  upon  the  best  evidence  he 
can  obtain,  and  enter  the  amount  of  such  gross  earn- 
ings, tax,  and  penalty  in  the  books  of  his  ofTice.  Such 
entry  shall  stand  in  the  place  of  the  report  required  by 
law  to  be  made  by  such  company,  and  shall,  in  all  the 
courts  of  the  State,  for  all  purposes,  be  conclusive  evi- 
dence of  the  facts  therein  stated.  The  certificate  of 
the  treasurer  that  any  such  tax  or  percentage  of  gross 
earnings  is  unpaid  and  due  from  any  railroad  company, 
and  of  the  amount  thereof,  and  ot  such  penalty,  shall  be 
sufficient  warrant  for  the  collection,  by  sale  or  other- 
wise, of  such  tax  or  percentage  of  gross  earnings,  or  any 
part   thereof.      (1676.) 

Distraint — Sale — Fees.  §  1008.  At  any  time  after  March  1 
of  each  year,  when  any  such  tax  or  percentage  of  gross 
earnings  is  due  from  any  railroad  or  railway  corporation 
or  company,  the  treasurer  or  his  deputy  shall  distrain 
sufficient  goods,  chattels,  or  other  movable  property, 
if  found  within  the  State,  to  pay  such  taxes  or  percentage 
and  the  costs  that  may  accrue,  and  shall  immediately 
advertise  the  same  in  three  newspapers  published  in  the 
State,  stating  the  time  when  and  the  place  where  such 
property  will  be  sold;  and  if  the  taxes  for  which  such 
property  is  distrained  and  the  costs  which  accrue  thereon 
are  not  paid  before  the  day  appointed  for  such  sale, 
which  shall  not  be  sooner  than  three  weeks  from  the 
taking  of  such  property,  the  treasurer  or  his  deputy 
shall  sell  such  property  at  public  vendue,  or  so  much 
thereof  as  shall  be  sufficient  to  pay  such  taxes  and  the 
costs  of  such  distress  and  sale  and  penalty,  as  in  this 
chapter  hereinafter  provided.  The  treasurer  and  his  dep- 
uties shall  be  allowed  the  same  fees,  costs  and  dis- 
bursements for  making  such  distress  and  sale  as  are 
allowed  by  law  to  sheriffs  for  making  levy  and  sale 
of  property  on  execution,  traveling  fees  to  be  computed 
from  the  State  capitol  to  the  place  of  making  the  dis- 
tress; but  they  shall  receive  no  fees  or  costs  from  the 
State  for  making  such  distress  or  sale.     (1673,  1677.) 

Penalty  for  non-payment.  §  1009.  If  any  such  corpora- 
tion or  company  fail  to  pay  such  taxes  or  percentage 
by  March  1,  when  the  same,  become  due,  such  corporation 
or  company  may  pay  the  same  to  such  treasurer  at  any 
time  before  the  property  shall  have  been  distrained. 
Provided,  that  in  such  case  there  shall  be  paid  the 
additional  sum  of  5  per  cent  ui)on  such  taxes  or  percent- 
age  as   a   penalty.     (1674.) 

Steam  engines,  etc.,  distrained — Removal,  etc. — Penalty. 
§  1010.  All  steam  engines  and  cars  of  every  kind  shall  be 
deemed  chattels  and  movable  property  for  the  purpose 
of  the  enforcement  of  such  taxes.  When  any  steam 
engine  or  car  is  levied  on,  the  treasurer  or  his  deputy 
making  such  distress  or  levy  may  move  the  same  upon 
and  over  any  road,  track,  or  side  track  within  the  State, 
and  to  any  town  or  city  therein.  The  treasurer  or 
his  deputy  making  such  levy  may  seize  and  take  immedi- 
ate and  exclusive  possession  of  any  side  track,  round- 
house or  engine  house,  depot  or  warehouse,  or  building 
of  the  corporation  or  company  In  default,  and  move  any 
property  so  distrained  or  levied  on,  upon  or  into  the 
same  and  maintain  such  possession  so  long  as,  in  the 
opinion  of  the  treasurer,  may  be  necessary  for  the  col- 
lection of  such  taxes.  Every  person  who,  without  au- 
thority from  the  treasurer  or  his  deputy,  interferes  with 
or  molests  the  property  so  levied  upon,  or  such  side 
track  or  building  upon  or  in  which  the  same  shall  be 
placed,  shall  be  deemed  guilty  of  a  felony,  and  be  pun- 
ished by  imprisonment  in  the  State  prison  for  not  less 
than  one  year,  nor  more  than  seven  years.     (1675.) 

Lands  sold  to  te  returned.  §  1011.  On  or  before  April  1 
of  each  year,  every  railroad  company  which  has  received 
lands  from  the  State  or  the  United  States  to  aid  it  In 
the  building  ot  its  road  shall  make  to  the  railroad  and 
warehouse  commission  a  full  and  complete  return  of  all 
lands  sold  or  contracted  to  be  sold  during  the  year 
ending  December  31  preceding,  verified  by  the  land 
commissioner  or  other  proper  officer  of  such  company. 
All  trustees  or  other  persons  to  whom  any  such  lands 
have  been  conveyed,  or  by  whom  such  lands  are  held  In 
trust  or  otherwise,  shall  be  subject  to  this  section. 
(1680.) 


Special  reports  of  railroad  corporations  to  railroad  and 
warehouse  commission.     §  2912.    Repealed  1907,  c.  231. 

RECORDS  AS  TO  GROSS  EARNINGS. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 

Permanent  files  required  to  lie  kept.  §  1.  That  every 
person,  company,  joint  stock  association,  copartnership 
or  corporation  required  by  law  to  pay  taxes  to  the  State 
upon  a  gross  earnings  basis,  shall  keep  as  a  permanent 
file,  and  in  such  a  manner  as  to  make  them  easily  access- 
ible at  all  times  for  inspection  by  a  properly  accredited 
representative  of  the  public  examiner's  department,-  or 
the  railroad  and  warehouse  commission,  all  books,  rec- 
ords, documents,  papers  and  statistics  relating  to  such 
gross  earnings  for  at  least  six  years  subsequent  to  tha 
date  that  such  gross  earnings  tax  returns  have  been 
rendered  to  the  State. 

Certain  papers  may  he  destroyed.  §  2.  Any  detached 
papers  subordinate  to  statements  of  gross  earnings,  or 
reports  compiled  in  the  accounting  department,  the  full 
details  of  which  are  included  in  other  statements  or 
reports  on  file  in  as  perfect  a  form  and  which  have 
been  passed  upon  in  a  general  examination  by  the  special 
examiners  or  representatives  of  the  State,  but  which 
have  not  reached  the  time  limit  prescribed  in  §  1,  may, 
upon  the  recommendations  of  such  special  examiner 
or  representatives,  and  written  approval  of  the  public 
examiner,  be  destroyed. 

Penalty.  §  3.  Any  person  who  shall  wilfully  violate 
the  provisions  of  this  Act,  shall  be  deemed  guilty  of  a 
gross    misdemeanor. 

Repeal.  §  4.  All  other  Acts  or  parts  of  Acts  Inconsist- 
ent with  this  Act  are  hereby  repealed. 

When  in  effect.  §  5.  This  Act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved   April    19,    1909. 

TAXATION     OF    FREIGHT    LINES. 

Be  it  enacted  iy  the  legislature  of  the  State  of  Minnesota: 

"Freight  line  company"  defined.  §  1.  That  any  person 
or  persons,  joint  stock  association  or  corporation,  wher- 
ever organized  or  incorporated,  engaged  in  the  business 
of  operating  cars,  or  engaged  in  the  business  of  furnish- 
ing or  leasing  cars,  not  otherwise  listed  for  taxation  in 
Minnesota  for  the  transportation  of  freight  (whether 
such  cars  be  owned  by  such  company  or  any  other  per- 
son or  company),  over  any  railway  line  or  lines,  in 
whole  or  in  part,  within  this  State,  such  line  or  lines 
not  being  owned,  leased  or  operated  by  such  company, 
whether  such  cars  be  termed  box,  flat,  coal,  ore,  tank, 
stock,  gondola,  furniture  or  refrigerator  car,  or  by  some 
other  name,   shall  be  deemed  a  freight  line  company. 

All  cars  declared  to  have  situs  in  Minnesota.  §  2.  For 
the  purpose  of  taxation  all  cars  used  exclusively  within 
the  State,  or  used  partially  within  and  without  the  State, 
are  hereby  declared  to  have  a  situs  in  the  State;  the 
value  of  such  property  for  the  purpose  of  taxation  is 
to  be  determined  as  provided  by  §  §  3  and  4  of  this 
Act. 

Annual  report  to  ie  filed  by  each  company.  §  3.  Every 
freight  line  company,  as  hereinbefore  defined  (1)  shall, 
annually  betweet  the  first  day  of  January  and  the  first 
day  of  February,  under  the  oath  of  the  person  consti- 
tuting such  com.pany,  if  a  person,  or  under  the  oath 
of  the  president,  secretary,  treasurer*  superintendent 
or  chief  officer  of  such  association  or  corporation,  if 
an  association  or  corporation,  make  and  file  with  the 
State  auditor  of  this  State  a  statement  showing  the  total 
gross  earnings  received  from  all  sources  by  such  freight 
line  companies  within  this  State,  for  the  year  ending 
December   31   next  preceding. 

"Total  gross  earnings"  defined.  §  4.  The  term  "the  total 
gross  earnings  received  from  all  sources  from  the  opera- 
tion ot  such  freight  car  lines  within  this  State,"  as  used 
in  §  3  of  this  Act,  is  hereby  declared  and  shall  be  con- 
strued to  mean  all  earnings  on  business  beginning  and 
ending  within  the  State,  and  a  proportion,  based  upon 
the  proportion  of  mileage  over  which  such  business  is 
done,  of  earnings  on  all  interstate  business  passing 
through,  or  into  or  out  of  the  State. 

State  auditor  to  make  draft.  §  5.  It  shall  be  the  duty 
of  the  State  auditor  on  or  before  the  fifteenth  day  of 
February  of  each  year  to  make  his  draft  on  such  freight 
line    company    as    hereinbefore    defined,    for    a    sum    in 


746 


National  Association  of  Railway  Commissioners 


I 


the  nature  of  a  tax  at  6  per  centum  upon  the  gross 
earnings  of  such  freight  line  company  for  the  year 
ending  the  last  day  of  December  next  preceding,  as 
reported  to  the  State  auditor,  and  place  the  said  draft 
in  the  hands  of  the  State  treasurer  for  collection  whicti 
shall  be  In  lieu  of  all  taxes  upon  all  property  of  any 
freight  line  company  so  paying  the  same.  AH  taxes 
collected  by  the  State  treasurer  under  the  provisions  of 
this  Act  shall  be  paid  into  the  State  Treasury  and  be 
credited   to  general  revenue   fund. 

Proceedings  to  enforce  payment.  §  6.  If  any  freight 
line  company  fails  or  refuses  to  pay  said  tax  within  30 
days  after  a  demand  therefor  shall  have  been  made 
by  the  State  treasurer,  he  shall  thereupon  add  to  the 
tax  due  a  penalty  of  10  per  cent  thereon  for  each  sub- 
sequent month  in  which  the  tax  remains  unpaid;  and 
if  such  taxes  are  not  paid  within  60  days  after  demand 
therefor  by  the  State  treasurer  he  shall  distrain  suffi- 
cient goods  and  chattels  belonging  to  such  company 
charged  with  such  taxes  to  be  found  within  the  State 
of  Minnesota  sufficient  to  pay  the  same,  together  with  the 
penalty  accrued  thereon.  The  State  treasurer  shall  im- 
mediately proceed  to  advertise  in  two  newspapers  printed 
in  the  county  of  Ramsey,  stating  the  time  and  place 
where  the  property  will  be  sold,  and  if  the  taxes  for 
which  such  property  is  distrained  and  the  penalties 
accruing  thereon  are  not  paid  before  the  time  appointed 
for  such  sale,  which  shall  not  be  less  than  10  days  after 
the  taking  of  such  property,  the  State  treasurer  or  his 
deputy  shall  proceed  to  sell  such  property  at  such  public 
vendue  or  so  much  thereof  as  will  be  sufficient  to  pay 
such  taxes  and  penalties  and  the  costs  of  such  distress 
and  sale. 

When  in  effect.  §  7.  This  Act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved  April  20,  1911. 

TAXATION  OF  RAILROADS. 

Be  it  enacted  'by  the  legislature  of  the  State  of  Minnesota: 

Railroads  to  pay  Ji  per  cent  of  gross  earnings  in  lieu  of 
all  taxes.  §  1.  Every  railroad  company  owning  or  operat- 
ing any  line  of  railway  situated  within,  or  partly  within, 
this  State,  shall  during  the  year  1913,  and  annually 
thereafter,  pay  into  the  treasury  of  this  State,  in  lieu  of 
all  taxes  and  assessments,  upon  all  property  within  this 
State,  owned  or  operated  for  railway  purposes,  by  such 
company,  including  equipment,  appurtenances,  appendages 
and  franchises  thereof,  a  sum  of  money  equal  to  4 
per  cent  of  the  gross  earnings  derived  from  the  operation 
of  such  line  of  railway  within  this  State,  and  such 
railroad  company  shall  also  likewise  pay  a  tax  of  4 
per  cent  upon  its  gross  earnings  within  this  State,  de- 
rived from  all  other  sources  whatsoever,  and  the  tax 
shall  become  due  and  be  payable  in  manner  and  time 
as    follows: 

To  make  semi-annual  returns.  §1  (continued).  On  or 
before  August  13,  1913,  and  annually  thereafter,  each 
such  railroad  company  shall  make,  according  to  law,  a 
true  and  just  return  of  all  such  gross  earnings  for  the 
six  months  ending  June  30  next  preceding,  and  the  said 
tax  of  4  per  centum  thereon  shall  become  due  and 
be  payable  to  the  State  of  Minnesota  in  manner  pro- 
vided by  law,  on  September  1,  next  thereafter.  On  or 
before  February  15,  1914,  and  annually  thereafter,  each 
such  railroad  company  shall  make,  according  to  law,  a 
true  and  just  return  of  all  such  gross  earnings  for  the 
six  months  ending  December  31  next  preceding,  and  said 
tax  of  4  per  centum  thereon  shall  become  due  and  pay- 
able to  the  State  of  Minnesota  in  manner  provided  by 
law,  on  March  1  next  thereafter;  and  the  payment  of 
such  sums  at  the  times  hereinbefore  set  forth  shall  be 
in  full  and  in  lieu  of  all  other  taxes  and  assessments 
upon  the  property  and  franchises  so  taxed,  provided  noth- 
ing in  this  Act  shall  be  construed  as  modifying  any 
agreement  entered  into  between  any  municipality  within 
the  State  and  any  railroad  company  relating  to  the 
payment  of  local  taxes  or  assessments. 

Land  grants  to  remain  exempt.  §1  (continued).  The 
lands  acquired  by  public  grant  shall  be  and  re- 
main exempt  from  taxation  until  sold  or  contracted  to 
be  sold  or  conveyed  as  provided  in  the  respective  Acts 
whereby  such  grants  were  made  or  recognized. 

"Gross  earnings"  defined.  §  2.  The  term  gross  earn- 
ings   within    this    State    as    used    in    §  1    of    this    Act 


is  hereby  declared  and  shall  be  construed  to  mean 
"all  earnings  on  business  beginning  and  ending 
within  the  State  and  a  proportion  based  upon  the  propor- 
tion of  the  mileage  within  the  State  to  the  entire  mileage 
over  which  such  business  is  done,  of  earnings  on  inter- 
state business  passing  through,  into  or  out  of  the  State, 
and  also,  in  addition  thereto,  on  all  gross  earnings  of 
every  nature  whatsoever  from  any  other  property  owned, 
controlled   or  operated  in  this  State.'" 

Repeal.  §  3.  All  Acts  and  parts  of  Acts  not  inconsistent 
herewith,  regulating  the  payment,  collection,  time  ol 
payment,  enforcement  or  reports  involving  the  amount 
of  taxes  upon  the  gross  earnings  of  railroad  companies 
within  this  State  or  providing  penalties  for  the  non-pay- 
ment of  such  taxes,  are  hereby  made  applicable  to  this 
Act  as  far  as  may  be,  and  all  Acts  and  parts  of  Acta 
inconsistent  with  the  provisions  of  this  Act  are  he;-eby 
repealed. 

§  4.  Upon  failure  to  pay  the  amount  of  such  taxes  le- 
gally due,  upon  the  respective  dates  hereinbefore  set 
forth,  collection  thereof  may  be  enforced  in  addition 
to  existing  remedies  in  a  civil  action  brought  in  the 
name  of  the  State  of  Minnesota  in  the  District  Court  of 
any   county. 

Railroad  must  pay  before  contesting  Act.  §  5.  Before 
any  railroad  shall  be  heard  to  contest  or  continue  to  :on- 
test  the  validity  of  this  Act  or  any  part  thereof,  such 
railroad  company  shall,  as  a  condition  precedent  the  eto 
pay  into  the  treasury  of  the  State  of  Minnesota  the 
amount  of  taxes  due  or  payable  from  such  railroad  com- 
pany under  the  existing  tax  laws   of  this   State. 

Referendum.  §  6.  This  Act  shall  be  submitted  to  the 
people  of  this  State  for  their  approval  or  rejection  at  the 
next  general  election  for  the  year  1912. 

The  secretary  of  State  shall  cause  to  be  printed  in 
bold  type  upon  the  ballot  used  in  voting  for  State  offlc  irs, 
or  upon  a  separate  ballot,  if  so  provided  by  law  at 
said  election,  in  manner  conformable  with  the  reqv  ire- 
ments  of  the  general  election  law,  the  words:  "  •'or 
making  the  gross  earnings  tax  of  railroad  compai  ie3 
applicable  to  all  the  gross  earnings  of  such  compai  ies 
and  providing  for  the  payment  of  the  gross  earni  iga 
tax  semi-annually." 

Yes 

No 

And  each  voter  voting  at  such  election  shall  deslg 
his  vote  by  a  cross  mark  made  opposite  one  or  the  othe:  of 
the  words  "yes"  or  "no"  and  the  said  election  shall  in 
all  respects  conform  as  near  as  may  be  to  the  requ  re- 
ments  of  the  general  election  law  and  the  returns  of  s  lid 
election  shall  be  made,  canvassed  and  certified  and  he 
results  thereof  declared  in  the  same  manner  provi  led 
by  law  for  returning,  certifying  and  canvassing  v(  teg 
cast   for   State   officers. 

M'hen  in  effect.  §  7.  This  Act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved  April  20,  1911. 


i 


4 

e«(  for 


STATUTORY   FREIGHT   BATES. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnes'(  i 

Commodities  classified.  %  1.  For  the  purposes  of  1  his 
Act  the  commodities  hereinafter  named  are  classi  led 
as  follows:  Wheat,  flaxseed,  broom  corn  seed,  hemp 
seed,  millet  seed,  popcorn,  castor  beans,  Hungarian  S(  od, 
buckwheat,  buckwheat  flour,  potato  flour,  wheat  fl<  ur, 
prepared  flour  and  all  uncooked  grain  or  cereal  prodi  cte 
manufactured  from  wheat,  shall  constitute  class  11; 
corn,  oats,  rye,  barley,  alfalfa  feed,  alfalfa  meal,  bian, 
brewers'  grits,  brewers'  meal,  brewers'  refuse  (diy), 
chopped  feed  other  than  wheat  chops,  corn  flour,  c  irn 
meal,  cotton  seed  cake,  cotton  seed  hulls,  cotton  s  ;ed 
meal,  gluten  feed,  gluten  meal,  grain  screenings,  hom- 
iny feed,  kaffir  corn,  linseed  cake,  linseed  meal,  mid- 
dlings, shorts,  sorghum  seed,  speltz,  wild  mustard  sted, 
oat  groats,  rolled  oats,  oat  dust,  oat  hulls,  oatm  'al, 
rolled  rye,  rye  flour,  malt,  pearl  barley  and  all  un- 
cooked grain  or  cereal  products  manufactured  fiom 
corn,  oats  or  rye  shall  constitute  class  12;  lumber, 
lath,  shingles,  sash,  doors  and  blinds  shall  constitute 
class  13;  sheep  (when  carried  in  double-decked  cars) 
and  cattle  shall  constitute  class  14;  sheep  (when  carried 
in  single-decked  cars)  and  hogs  shall  constitute  clasg 
15;  hard  coal  shall  constitute  class  16;  soft  coal  shall 
constitute  class  17. 


1 


Public  Service  Lam's 


747 


Maximum  rates  fixed.  §  2.  The  following  are  hereby 
established  and  declared  to  be  the  reasonable  maximum 
rates  to  be  charged  by  railroad  companies  as  common 
carriers  of  property  in  the  State  of  Minnesota  for  the 
transportation  in  carload  lots,  of  the  commodities  be- 
longing to  the  classes  named  in  §  1  of  this  Act,  between 
stations  in  the  State  of  Minnesota,  for  the  distances 
named   in  the  following  schedule,  to-wit: 

pd         Prt         pp         pp       BB       BS  a    3B  fi 

■•  s:i4    s^,g    S3,§    s?:,s  JJ5,§  ssl  j^g 

•»Hf-.—         •^o*-(         !^o?5         !^03       !^OS       —^    O    rn       r^    O    m 


1 
i 

.2 

mmodH 
on  No. 
00  poui 

mmodli 
on  No. 
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"Carload"  defined.    §  3.    When  the  exact  distance  which 
a  commodity  is  transported  is  not  given  in  the  foregoing 


schedule,  the  carrier  may  charge  the  rate  specified  in 
the  said  schedule  for  the  next  greater  distance.  In 
order  to  constitute  a  carload,  within  the  meaning  of  this 
Act,  the  weight  of  the  commodities  in  any  one  car  shall 
be  at  least  as  follows:  Class  11  and  class  12,  24,000 
pounds;  class  13,  20,000  pounds;  class  14,  19,000  pounds; 
class  15,  15,000  pounds;  classes  16  and  17,  30,000  pounds. 

Higher  rates  prohibited.  §  4.  No  railroad  company, 
which  is  a  common  carrier  of  property  within  the  State 
of  Minnesota,  shall  charge,  take  or  receive  any  greater 
sum  for  carrying  within  this  State,  between  stationa 
therein,  any  of  the  commodities  named  in  this  Act  than, 
'the  respective  amounts  set  forth  and  provided  in  §  2  ot 
this  Act  for  the  respective  distances  therein  named. 

Railroad  commission  may  change  rates.  §  5.  This  Act 
shall  not  in  any  manner  affect  the  power  or  authority 
of  the  railroad  and  warehouse  commission,  except  that 
no  duty  shall  rest  upon  the  railroad  and  warehouse  com- 
mission to  enforce  any  rates  specifically  fixed  by  this 
or  any  other  statute  of  this  State.  Whenever,  in  a  pro- 
ceeding regularly  pending  before  the  railroad  and  ware- 
house commission,  it  shall  be  made  to  appear  to  the 
satisfaction  of  said  commission  that  the  rates  herein  pre- 
scribed are  unreasonable,  it  may,  by  order,  fix  higher 
or  lower  rates  for  the  transportation  of  any  of  the  com- 
modities herein  mentioned  over  the  line  of  any  railroad 
in  this  State,  and  such  rates,  when  so  fixed,  shall  super- 
sede the  rates  herein  prescribed  upon  said  line  of  rail- 
road, and  shall  be  enforced  as  prescribed  by  the  law 
relating  to  such  orders,  but  until  such  orders  shall  have 
been  made  by  said  railroad  and  warehouse  commission 
the  rates  herein  prescribed  shall  be  the  exclusive  legal 
maximum  rates  for  the  transportation  of  the  commodities 
herein   enumerated   between  points  within  this  State. 

Railroads  to  publish  rates.  §  6.  Every  railroad  com- 
pany transacting  the  business  of  a  common  carrier  with- 
in this  State  shall  adopt  and  publish  and  put  into  effect 
rates  not  exceeding  the  charges  specified  herein  for  the 
transportation  by  it  between  stations  upon  its  line  of  road 
in  this  State  of  the  commodities  named  in  this  Act; 
and  every  officer,  director,  traffic  manager  or  agent  or 
employe  of  such  railroad  company,  exercising  any  author- 
ity, or  being  charged  with  any  duty  in  establishing 
freight  rates  for  such  railroad  company,  shall  cause  the 
adoption,  publication  and  use  by  such  railroad  company 
of  rates  not  exceeding  those  specified  in  this  Act;  and 
any  officer,  director  or  such  agent  or  employe  of  any 
such  railroad  company  who  violates  any  of  the  provi- 
sions of  this  section,  or  who  causes  or  counsels,  advises 
or  assists  any  such  railroad  company  to  violate  any  of 
the  provisions  of  this  section,  shall  be  guilty  of  a  mis- 
demeanor, and  may  be  prosecuted  therefor  in  any  county 
into  which  its  railroad  extends  and  in  which  it  has  a 
station,  and  upon  conviction  thereof  be  punished  by 
imprisonment  in  the  county  jail  for  a  period  not  exceed- 
ing 90  days.  So  much  of  §  6  as  prescribes  the  penalty  of 
imprisonment  was  repealed  by  §  8  of  chapter  136  of  the 
Acts  of  1909. 

Existing  rates  not  to  be  raised.  §  7.  If,  at  the  time  of 
the  taking  effect  of  this  Act,  any  railroad  is  maintain- 
ing a  rate  between  any  two  stations  in  this  State  that 
is  less  than  the  rate  herein  prescribed  for  the  same  dis- 
tance, this  Act  shall  not  be  construed  as  authorizing  the 
raising  of   such   rate. 

When  in  effect.  §  8.  This  Act  shall  take  effect  and  be  in 
force  from  and  after  June  1,  1907. 

Approved   April   18,   1907. 

StAXIJIUM    PASSEXOER    RATES. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 
Two  cents  per  mile  fixed  as  passenger  fare.  §  1.  No 
railroad  company  owning,  operating,  or  using  a  line  ot 
railroad  within,  or  partly  within,  the  State  of  Minnesota, 
regardless  of  the  motive  power  used,  shall  charge  or 
collect  more  than  two  cents  per  mile  for  carrying  over 
its  road  on  any  trip  wholly  within  this  State,  any  pas- 
senger of  12  years  of  age  or  over,  together  with  bag- 
gage not  exceeding  150  pounds  in  weight;  or  more  than 
one  cent  per  mile  for  any  such  passenger  under  12  years 
of  age,  together  with  baggage  not  exceeding  75  pounds 
in  weight:  Provided,  that  no  railroad  company  shall  be 
required  to  carry  a  passenger  any  distance  for  less 
than  5  cents.     (As  amended  1911,  c.  SiSl.) 


748 


National  Association  of  Railway  Commissioners 


1 


1 


Penalty.  §  2.  Any  railroad  company  or  any  officer, 
agent  or  representative  tliereof,  wlio  sliall  violate  any 
provision  of  this  Act,  shall  be  guilty  of  a  felony  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  exceed- 
ing ?5,000  or  by  Imprisonment  in  the  State  prison  for  a 
period  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment. 

'When  in  effect.  %  3.  This  Act  shall  take  effect  and  be 
in  force  from  and  after  the  first  day  of  May,  1907. 

Approved    April    4,    1907. 

COLLI'X'TION    OF   CLAIMS. 

Be  it  enacted  iy  the  legislature  of  the  State  of  Minnesota:, 
Claimant  may  sue  connecting  carriers  for  loss  of  freight. 
§  1.  That  whenever  any  personal  property  shall  be  trans- 
ported by  two  or  more  connecting  common  carriers  into 
or  through  this  State  and  shall  become  injured  or  dam- 
aged during  transportation,  the  consignor,  consignee  or 
owner  thereof,  or  his  assignee,  in  an  action  to  recover 
damages  for  such  injury,  may  join  as  parties  defendant 
one  or  more  of  such  connecting  common  carriers  with 
the   last   or   delivering   common   carrier. 

Pleadings  and  proof.  §  2.  In  any  such  action  brought 
in  any  court  of  this  Stale  against  the  last  or  delivering 
carrier  and  any  one  or  more  connecting  common  carriers, 
it  sliall  be  sufficient  for  the  plaintiff  to  allege  in  his  com- 
plaint and  prove  upon  the  trial  of  such  action,  that  such 
personal  property  was  in  good  order  and  condition  when 
delivered  to  the  initial  carrier,  that  the  same  was  trans- 
ported from  the  initial  point  of  shipment  to  Its  destina- 
tion by  two  or  more  connecting  common  carriers,  Includ- 
ing the  defendants,  that  it  was  in  whole  or  In  part  Injured 
or  damaged  on  arrival  at  destination,  and  the  general 
nature  and  amount  of  such  injury  or  damage  thereto, 
and  such  proof  shall  be  prima  facie  evidence  that  such 
Injury  or  damage  was  caused  by  the  negligence  of  all 
the  defendants  and  the  amount  of  loss  or  damage  caused 
to  such  property  by  the  negligence  of  each  and  every 
one  of  the  defendants  shall  be  determined  by  the  jury 
upon  the  trial  of  said  action  from  all  the  evidence  in  the 
case,  and  a  verdict  rendered  accordingly. 
Approved  April  26,  1907. 

PAVING    MATERIAL. 

Be  it  enacted  'by  the  legislature  of  the  State  of  Minnesota: 
Paving  materials  may  he  carried  free.  §  1.  It  shall  be 
lawful  tor  any  railroad  or  transportation  company,  oper- 
ating In  this  State,  to  transport,  handle  or  store  free, 
or  at  reduced  rates,  for  tbe  United  States,  the  State,  or 
for  any  municipal  corporation  thereof,  any  stone,  stone 
dust,  gravel,  sand  or  any  other  material  to  be  used  in 
building.  Improving  or  repairing  public  highways,  by  any 
of  the  said  entities  or  corporations  herein  mentioned. 

"When  in  effect.     §  2.    This  Act  shall  take  effect  and  be 
in   force   from   and    after  its    passage. 
Approved    April    18,    1911. 

EXPBESS  BATES. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 
Railroad  may  he  cited  into  rate  proceedings.  §  1.  In 
any  proceedings  pending  before  the  railroad  and  ware- 
house commission  Involving  the  reasonableness  of  ex- 
{)ress  rates,  where  the  commission  deems  It  necessary  to 
inquire  into  the  reasonableness  of  the  charges  of  the 
railroad  company  for  carrying  the  cars,  or  the  business  of 
said  express  company  over  Its  lines  of  road,  the  com- 
mission may  cite  such  railroad  company  to  appear  and 
become  a  party  to  such  proceedings  within  five  days 
after  the  service  of  such  citation,  and  in  such  proceed- 
ings the  commission  may  find  the  reasonableness  of  the 
amount  paid  by  the  express  company  to  the  railroad  com- 
pany for  the  service  furnished,  and  the  findings  of  the 
commission  shall  be  prima  facie  evidence  of  the  facts 
found. 

When  in  effect.    §  2.    This  Act  shall  take  effect  and  oe 
In   force  from  and  after  its   passage. 
Approved  April   5,   1911. 

COMPLAINTS    BY    ATTOBNEY-liENEBAL. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 
Attorney-general  may  start  rate  investigation.  §  1.  The 
attorney-general  may,  whenever  In  his  opinion  the  public 
interest  requires,  make  complaint  to  the  railroad  and 
warehouse  commission,  charging  that  any  rate,  schedule 
of  rates  or  the  entire  schedule  of  rates,  or  any  classifica 


tion,  rule  or  regulations  of  any  carrier  is  unjust,  unrea- 
sonable or  discriminatory.  The  commission  shall  investi- 
gate such  complaint  in  the  manner  provided  for  the 
investigation  of  complaints  made  under  the  provisions  of 
§  1969  of  the  Revised  Laws  of  1905.  The  provisions  of 
this  Act  shall  apply  to  proceedings  that  are  now  pending 
as    well   as    those    hereafter   commenced. 

When  in  effect.  §  2.  This  Act  shall  take  effect  and  b« 
In   force   from   and   after  its   passage. 

Approved    March    24,    1911. 

OPERATING    CONTRACTS. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 

Steam  and  street  railways  may  make  operating  con- 
tracts, i  1.  Any  railroad  or  railway  corporation  in  this 
State  may  make  such  contracts  for  the  carriage  of  pas- 
sengers, express  and  freight,  with  any  street  railway 
company  operating  local  street  railways  within  this  State 
as  will  enable  and  permit  the  operation  of  railroads  and 
street  railways  In  connection  with  each  other,  or  in 
such  manner  as  shall  be  deemed  most  beneficial  to  their 
and   public   interests. 

Provided,  that  before  any  railroad  or  railway  sliall 
operate  upon  any  street  railway  in  any  city  and  be'ore 
any  street  railway  in  any  city  shall  haul  or  tnns- 
l)ort  over  its  lines  in  such  city  any  car,  equipment  or 
motive  power  of  any  railroad  or  railway  the  cont  act 
shall  be  approved  by  a  vote  of  not  less  than  three- 
fourths  of  all  the  members  of  the  common  council  or 
other  legislative  body  of  such  city,  and  a  copy  the  eof 
filed  with  the  clerk  or  recorder  of  such  city,  and  that 
the  cars,  equipment  and  motive  power  used  by  the  :  aid 
railroad  shall  be  substantially  similar  to  the  cars,  eq  lip- 
ment  and  motive  power  used  by  the  street  railw  ays 
contracted  with,  and  such  railroad  shall,  while  oi>era  ing 
upon  street  railway  tracks,  comply  with  the  ordinal  cea 
and    laws    applicable   to    such    street   railways. 

Any  such  railroad  companies  may  grant  by  lease  or 
contract  to  street  railways  the  right  to  use  ralli  ^ad 
tracks  for  the  operation  of  street  railway  cars  thereo  i. 

Repeal.  §  2.  All  Acts  and  parts  of  Acts  inconsis  ent 
with  the  provisions  of  this  Act  are  hereby  repealed. 

When  in  effect.  §  3.  This  Act  shall  take  effect  ant  be 
In  force  from  and   after  its  passage. 

Approved   April   23,   1909. 


II 


CLAIMS  FOR  LIVE   STOCK. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnes  ta: 
Notice  of  loss  of  live  stock  in  transit — To  whom  gi  en. 
§  1.  In  any  action  hereafter  brought  in  any  court  of  his 
State  against  one  or  more  common  carriers  by  iny 
owner,  shipper  or  consignee  of  any  shipment  of  ive 
stock  hereafter  made  to  recover  damages  for  loss  o  or 
Injury  to  any  such  live  stock  in  transit,  wherein  the 
answer  of  the  defendant  or  defendants  shall  set  up 
the  defense  that  the  shipper,  owner  or  consignee  of 
said  live  stock  failed  or  neglected  to  make  or  give  a  rit 
ten  or  verbal  notice  or  claim  of  any  kind  or  form  to  my 
agent  of  any  carrier  or  to  any  carrier  which  may  lave 
participated  In  the  transportation  of  said  live  si  ack 
within  any  specified  or  particular  time  less  than  our 
months  after  the  happening  of  such  loss.  Injury  or  cam- 
age,  as  provided  by  the  terms  of  any  shipping  contiact, 
bill  of  lading  or  other  agreement  relating  to  such  sliip- 
ment,  it  shall  be  sufficient  compliance  with  any  fuch 
requirement  or  stipulation  in  any  such  shipping  contiact, 
bill  of  lading  or  other  agreement  that  a  written  nctlce 
or  claim  for  such  loss,  Injury  or  damage  was  n  ade 
or  given  by  such  shipper,  consignee  or  owner  to  any 
general  or  acting  freight  agent,  claim  agent  or  tl  ket 
agent  of  any  one  of  said  carriers  within  60  days  ifter 
the  happening  of  said  loss,  injury  or  damage. 

When  in  effect.    §  2.    This  Act  shall  take  effect 
in  force  from  and  after  its  passage. 
Approved  April  23,  1909. 

MILLING    IN    TRANSIT. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minneioto: 
Commission  may  adjust  claims  after  hearing  and  upon 
notice.  §  1.  Whenever  it  shall  be  made  to  appear  to  the 
railroad  and  warehouse  commission  that  any  flourin? 
mill  situated  at  a  railroad  station  In  this  State,  ha  " " 
"milling  In  transit"  railroad  rates,  has  been  desti 
by  fire  or  other  casualty  without  the  fault  of  the  oiv.... 


PuBivTC  Service  Laws 


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or  operator  thereof,  and  that  at  the  time  of  the  destruc- 
tion of  such  mill  the  person,  firm  or  corporation  operat 
ing  the  same  was  entitled  to  ship  the  products  of  said 
flouring  mill  to  a  designated  terminal  point  in  this 
State  on  "transit"  arising  out  of  the  prepayment  of  the 
^through  rate  to  such  terminal  point  on  grain  billed  from 
some  station  in  this  State  to  such  terminal,  but  delivered 
at  said  mill  in  transit  to  be  ground,  and  the  products 
thereof  forwarded  to  such  original  terminal  instead 
of  the  grain  itself,  said  railroad  and  warehouse  commis- 
sion may,  uiwn  such  reasonable  notice  as  it  may  fix, 
hear  the  claims  of  such  transit  creditor  and  transit 
debtor  with  reference  thereto,  and  after  having  found 
the  facts  said  railroad  and  warehouse  commission  may, 
by  order,  permit  the  use  of  such  transit  by  the  owner 
in  payment  of  the  transportation  of  like  products  from 
other  flouring  mills  on  the  lines  of  such  railroad  to  the 
same  terminal  point,  provided  that  if  the  shipment  in 
which  such  transit  shall  be  used  covers  a  greater  dis- 
tance than  that  from  said  destroyed  mill  to  said  terminal 
point,  regular  rates  must  be  paid  for  such  additional 
distance,  and  if  the  shipment  in  which  it  shall  be  used 
covers  less  than  such  original  distance,  transit  for  the 
original   distance   shall,   nevertheless,   be   applied   thereon. 

When  in  effect.  §  2.  This  Act  shall  be  In  force  from 
and    after   its    passage. 

Approved   April    10,    1911. 

PROTECTION  OF  CROSSINGS. 

Be  it  enacted  ty  the  legislature  of  the  State  o/  Minnesota: 
Commission  may  investigate  complaint  as  to  crossing. 
§  1.  Upon  written  complaint  authorized  by  a  majority  vote 
of  the  members  of  Ihe  city  or  village  council  of  any  city 
or  village,  or  by  the  board  of  supervisors  of  any  town, 
or  board  of  county  commissioners  of  any  county  in  this 
State,  filed  with  the  railroad  and  warehouse  commission, 
hereafter  called  the  commission,  by  the  chief  executive 
officer  of  said  city  or  village,  or  the  chairman  of  board 
of  supervisors  or  county  commissioners,  as  the  case  may 
be,  that  any  railroad  crossing  with  any  street  in  said 
city  or  village,  or  town  or  county  road,  ,is  dangerous 
to  life  and  property,  and  giving  the  reasons  therefor,  the 
commission  shall  proceed  to  investigate  the  matters  con- 
tained in  said  complaint,  giving  the  complainant  and  the 
railroad  company  an  opportunity  to  be  heard,  at  a  time 
and  place  to  be  fixed  by  the  commission,  after  such 
notice  as  the  commission  may  deem  reasonable.  Pro- 
vided, that  at  least  one  public  hearing  shall  be  held  in 
the  town,  county,  village  or  city  making  such  com- 
plaint. 

May  find  facts  and  enter  order.  §  2.  The  commission 
shall  decide  the  matter  set  forth  in  the  complaint  and 
make  a  report  in  writing  thereof,  including  the  findings 
of  facts,  and  make  such  order  as  it  shall  deem  proper 
in  the  premises,  and  if  said  commission  shall  find 
said  crossing  to  be  dangerous,  it  may  require  the  rail- 
road company  complained  of  to  provide  a  flagman  at 
such  crossing,  or  adopt  such  safety  device  as  the  com- 
mission may  deem  necessary  for  the  proper  protection  of 
said  crossing,  or  it  may  require  the  removal  of  any 
structure  or  structures,  or  embankment,  from  the  right  of 
way  of  said  railroad  company,  and  also  require  the  com- 
plaining city,  village,  town  or  county  to  remove  embank- 
ments, or  structures,  from  streets  or  town  or  county 
roads  as,  in  its  opinion,  may  be  reasonable  and  necessary 
to  properly   protect  said  crossing. 

Railroad  or  city  may  appeal.  §  3.  Any  railroad  com- 
pany, or  the  city,  village,  town  or  county  making  the 
complaint,  may  appeal  from  an  order  of  the  commis- 
sion to  the  District  Court  of  the  county  in  which  said 
crossing  is  located,  and  in  case  of  such  appeal,  the 
same  proceedings  shall  be  had  as  is  now  provided  by 
law  for  an  appeal  from  orders  of  the  commission. 
All  orders  of  the  commission  shall  be  enforced  by  the 
attorney-general. 

Penalty.  §  4.  Any  railroad  company  or  any  city,  vil- 
lage, town  or  county  failing  to  comply  with  any  order 
of  the  commission  that  is  not  appealed  from,  or  if 
appealed  from  affirmed  in  whole  or  in  part,  shall  be 
liable  to  a  penalty  of  $50  for  each  and  every  day  of 
such  non-compliance,  to  be  collected  in  civil  action 
brought   by   the   attorney-general. 

Temporary  flagman.     §  5.     Whenever   it  shall  appear, 


from  any  cause,  that  an  unusual  number  of  trains  are 
being  operated  in,  or  through,  any  city  or  village  in  this 
State,  the  commission  shall  have  power,  upon  complaint 
made  by  the  city  or  village  council,  to  compel  the 
Installation  of  a  flagman,  or  flagmen,  as  the  case  may 
be,  without  a  hearing,  and  such  order  shall  be  complied 
with  within  flve  days,  provided  that  such  railroad  com- 
pany may  remove  such  flagmen  whenever  the  movements 
of  trains  through  such  city  or  village  assumes  normal 
conditions. 

Remedy  cumulative.  §  6.  That  nothing  herein  contained 
shall  be  construed  as  repealing,  abridging,  modifying  or 
in  any  manner  affecting  the  power  contained  in  the 
charter  of  any  city  or  village  in  this  State  to  require 
railroads  to  maintain  gates,  flagmen  or  safety  devices  at 
public  highway  crossings  therein,  or  any  ordinance,  now 
existing  or  hereafter  enacted  pursuant  to  such  power. 

Repeal.  §  7.  Chapter  396  of  the  General  Laws  of  1907 
and  all  Acts  and  parts  of  Acts  inconsistent  with  this 
Acts  are  hereby  repealed. 

When  in  effect.    §  8.    This  Act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 
Approved   April    18,    1911. 

FKEIGHT    CLAIM.S. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Minnesota: 
Overcharge  by  carriers  to  be  refunded.  §  1.  All  charges 
for  freight,  baggage  or  express  that  are  collected  by 
a  common  carrier  over  what  it  is  entitled  to  receive 
under  the  lawful  tariff  or  classification,  shall  be  re- 
funded by  said  carrier  within  60  days  after  the  payment 
of  the  same.  Provided,  that  when  such  overcharge  Is 
due  to,  a  difference  in  weight  a  claim  may  be  filed  as 
provided   in   §  2. 

Adjustment  within  60  days.  §  2.  Every  claim  against  a 
common  carrier  doing  business  in  this  State,  for  an 
overcharge  due  to  difference  in  weight,  or  for  loss, 
damage  or  injury  to  property  while  in  its  possession, 
shall  be  adjusted  and  paid  within  60  days  in  case  of 
shipments  wholly  within  the  State,  and  within  90  days 
in  case  of  shipment  from  without  this  State,  or  from 
a  point  in  this  State  to  a  point  in  another  State,  after 
the  filing  of  such  claims  with  the  agent  of  said  carrier 
at  the  point  of  origin,  or  of  the  destination  of  such  ship- 
ment, or  with  the  claims  department  of  such  carrier.  No 
such  claim  shall  be  filed  until  after  the  arrival  of  a 
shipment,  or  of  some  part  thereof  at  the  point  of  des- 
tination, or  until  the  lapse  of  a  reasonable  time  for  the 
arrival  thereof.  For  the  purpose  of  this  Act,  a  claim, 
when  filed,  shall  consist  of  (a)  original  bill  of  lading 
or  shipping  receipt,  (b)  paid  freight  bill,  (c)  bill  of 
claimant  and  (d)  original  invoice  or  certified  copy 
when  necessary.  True  copies  of  any  of  said  documents 
may  be  used,  and  in  case  of  absence,  an  explanation 
must  be  attached.  The  carrier  shall  acknowledge  the 
filing  of  a  claim,  or  any  letter,  papers  or  documents 
purporting  to  be  such,  within  10  days  after  receipt, 
and  if  the  claim  so  filed  does  not  comply  with  the  above 
requifements  the  carrier  shall  so  inform  the  claimant 
and  advise  him  of  what  may  be  required  to  complete 
the   claim. 

Carrier  liable  also  for  damages  and  interest.  §  3.  In 
every  case  such  carrier  shall  be  liable  for  the  amount 
of  such  overcharge  and  tor  such  loss,  damage  or  injury 
to  property,  together  with  the  interest  thereon  from  the 
date  of  the  filing  of  the  claim  therefor  until  the  pay- 
ment thereof. 

Penalty.  §  4.  Failure  to  adjust  and  tender  or  pay  such 
overcharge  or  claim  within  the  periods  herein  pre- 
scribed shall  subject  such  common  carrier  so  failing, 
to  a  penalty  of  $25  for  each  and  every  failure, 
to  be  recovered  by  the  claimant  in  the  action  or  pro- 
ceeding brought  to  collect  such  claim  or  overcharge, 
in  any  court  in  the  State.  Unless  such  claimant  re- 
covers in  such  action  the  full  amount  claimed  by  him,  no 
penalty  shall  be  recovered,  but  only  the  actual  amount 
of  the  loss,  injury  or  damage  to  property  or  amount 
of  the  overcharge,  with  interest.  And  if,  in  such  action, 
a  special  Issue  of  fraud  is  raised  and  such  claim  Is 
found  to  be  fraudulent,  the  claimant  shall  pay  to  the 
carrier  the  penalty  of  $25,  to  be  recovered  along 
with   th9   costs.     In   an  action  brought  under  the   provi- 


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sions  of  this  law,  If  the  carrier  can  show  that  it  made 
a  tender  of  the  amount  claimed,  with  interest,  and  a 
penalty  of  $5,  within  five  days  after  a  demand  that 
is  made  at  any  time  after  the  expiration  of  the  time 
specified  in  §§  1  and  2,  then  it  shall  only  be  suhject  to  the 
penalty  of  ?5  to  be  recovered  along  with  the  costs. 

Remedy  cumulative.  §  5.  The  remedy  herein  provided 
is  cumulative,  and  shall  not  deprive  the  claimant  of  any 
other  right  of  action  provided  by  statute  or  by  the  com- 
mon law. 

When  in  effect.  §  6.  This  Act  shall  take  effect  from 
and  after  the  first  day  of  May,  A.  D.  1911,  and  it  shall 
not  apply  to  shipments   made  prior  thereto. 

Approved  April  20,  1911. 

MOVEMENT    OF   LIVE    STOCK. 

Be  it  enacted  ty  the  legislature  of  the  State  of  Minnesota: 

Commission  to  keep  up  the  movement  of  live  stock.  §  1. 
The  railroad  and  warehouse  commission  shall  from  time 
to  time  investigate  the  practice  of  the  common  carriers 
with  respect  to  the  movement  of  live  stocli,  and  if  it 
ascertain  at  any  time  that  any  common  carrier  is  not 
moving  cars  of  live  stoclc  with  proper  speed,  and  with 
due  consideration  of  the  rights  and  conveniences  of 
shippers,  then,  upon  notice  to  such  carrier,  the  com- 
mission shall  prescribe  for  it  the  speed  at  which  and 
the  conditions  under  which  cars  of  live  stock  shall  be 
moved  by  it  within  -this  State.  The  speed  of  trains 
carrying  live  stock  shall  not  be  fixed  at  less  than  12  miles 
an  hour,  it  consistent  with  the  proper  handling  of  its 
traffic  by  any  common  carrier  involved.  The  com- 
mission's order  shall  specify  the  time  at  which  it  shall 
go  into  effect.  This  Act  shall  apply  to  wholly  intrastate 
shipments  only. 

Penalty.  §  2.  Any  railroad  company  failing  to  comply 
with  any  order  of  the  railroad  and  warehouse  commis- 
sion made  under  this  Act,  shall  be  subject  to  a  penalty 
of  $50  for  each  and  every  day  of  such  failure  to  comply 
with  such  order,  to  be  recovered  in  a  civil  action  to  be 
brought   by   the   attorney-general. 

When  in  effect.  §  3.  This  Act  shall  take  effect  and  be 
In  force  from  and  after  its  passage. 

Approved    April    20,    1911. 

WEIGHING    COAX. 

Be  it  enacted  ly  the  legislature  of  the  State  of  Minnesota: 

Commission  to  regulate  the  weighing  of  coal.  §  1.  The 
railroad  and  warehouse  commission  shall  have  power  to 
enforce  a  reasonable  regulation  for  the  weighing  of  cars  of 
coal  offered  for  shipment  in  carload  lots  in  this  State, 
except  coal  shipped  by  any  person,  company  or  corpora- 
tion for  their  own  use  or  consumption.  All  track  scales 
now  or  hereafter  used  by  common  carriers  or  by  shippers 
of  coal  for  the  purpose  of  weighing  carload  lots  of  coal 
shall  be  under  the  control  and  jurisdiction  of  and  sub- 
ject to  inspection  by  such  commission,  and  such  scales 
over  which  the  said  commission  assumes  control  and 
jurisdiction  shall  be  exempt  from  the  jurisdiction  of 
sealers  of  weights  and  measures. 

All  coal  to  Be  weighed.  §  2.  Such  commission  shall 
cause  to  be  weighed  all  coal  shipped  in  carload  lots 
from  any  coal  dock  or  coal  distributing  point  in  the  State 
of  Minnesota,  except  coal  shipped  therefrom  by  any 
person,  company  or  corporation  for  their  own  use  or 
consumption. 

Weighmasters  to  J>e  appointed — Salary,  $5,000.  §  3.  The 
commission  shall  appoint  such  weighmasters  and  weigh- 
ers as  may  be  necessary  to  carry  the  provisions  of  this 
Act  into  effect.  Such  weighmasters  and  weighers  shall 
each  give  bond  to  the  State  of  Minnesota  in  the  sum 
of  $5,000,  conditioned  for  the  faithful  discharge  of  his 
duty,  and  such  weighmaster  and  weighers  shall  have 
authority  to  carry  out  and  perform  their  duties  here- 
under, pursuant  to  such  rules  and  regulations  as  shall 
be  prescribed  by  such  commission  and  shall,  pursuant 
thereto,  control  and  supervise  the  weighing  of  all  coal 
herein  required  to  be  weighed  by  such  commission. 

Fees.  §  4.  The  fees  for  such  weighing  shall  be  fixed  by 
the  commission  and  shall  be  paid  by  the  person,  firm 
or  corporation   making  such   shipment. 

Certain  statutes  to  apply  to  shipments  of  coal.  §  5.  All 
of  the  provisions  of  seclions  numbered  2072,  2073,  2074, 


2075,  2076,  2077,  2079,  2080,  2081,  2083,  and  all  Acts 
and  parts  of  Acts  amendatory  thereof  and  supplementary 
thereto,  as  relating  to  grain,  shall  be  construed  as  a  part 
of  this  Act  and  as  relating  to  coal  and  coal  shipments 
in  carload  lots,  required  to  be  weighed  in  accordance 
with  the  provisions  of  this  Act,  so  far  as  applicable 
hereto. 

Approved  April  20,  1911. 

UKPAKTMENT    OF    WEIGHTS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 

Department  of  weights  and  measures  created.  §  1. 
There  is  hereby  created  a  department  to  be  known  as 
the  department  of  "weights  and  measures,"  hereafter  re- 
ferred to  as  the  department,  and  it  shall  be  under  the 
jurisdiction  of  the  railroad  and  warehouse  commission, 
hereafter  referred  to  as  the  commission,  which  sha;i 
have  supervision  and  control  over  all  weights,  weighin; 
devices  and  measures  in  the  State. 

Commissioner  to  be  appointed  —  Bond  —  Examination. 
§2.  The  commission  shall  appoint  a  commissioner  cf 
v/eights  and  measures  and  such  deputies  and  other  em- 
ployes as  may  be  necessary  to  carry  out  the  provisions 
ot  this  chapter,  and  fix  their  compensation.  The  com- 
missioner of  weights  and  measures  and  the  deputies 
shall  give  a  bond  in  the  sum  to  be  fixed  and  approve  i 
by  the  commission.  The  commission  shall  provide  for 
such  examinations  as  it  may  deem  necessary  to  detei- 
mine  the  qualifications  and  fitness  of  appointees. 

Rules  and  regulations.  §  3.  The  commission  shall  p41 
scribe  and  adopt  such  rules  and  regulations  as  it  ml  f 
deem  necessary  to  carry  out  the  provisions  of  th  1 
chapter,  and  it  may  change,  modify  or  amend  any  it 
all  rules  whenever  deemed  necessary,  and  the  rule)] 
so  made  shall  have  the  force  and  effect  of  law.  j  i 

Standard  to  be  kept — Weights  to  be  tested,     i  4.     Tlj 
department   shall    take   charge   of,   keep   and   maintain  il 
good  order  the  standard  of  weights  and  measures  ot  th  ) ) 
State    and    submit    them   to   the   Bureau   of   Standards   oi' 
Washington,    D.    C,    for    certification   when    it   is    deemelj 
necessary;   and  shall  keep  a  seal  so  formed  as  to  impreai 
the    letters    "MINN"    and    the    date    of    sealing   upon   tl   i 
weights    and    measures    that    are    sealed;     it    shall    telfi 
correct   and   seal,   when   found   to   be   accurate,   at   lea 
once  every   year  and  as  much  oftener  as   may  be  nec#-| 
sary,    all    the    copies    of    the    standards    used    througho   1 
the    State    for    the    purpose    of    testing    the    weighing  i   ■] 
measuring  apparatus  used  in  the  State,  and  keep  a  reca   ll 
thereof;   It  shall  have  general  supervision  of  the  weighi   f 
measures,  and  weighing  or  measuring  devices  offered  fi  | 
sale,  sold  or  in  use  in  the  State;  and  shall,  upon  writt<  i 
request   of   any   person,   test  or   calibrate   weights,   mea  J 
ures,  weighing  or   measuring  devices  and  instruments  (  j 
apparatus  used   as  standards  in  the   State;    it  shall  ke<    ] 
a    complete    record    of    the    standards,    balances    and    all) 
testing   and    sealing   apparatus   owned   by    the    State,   attlj 
shall  annually  during  the  first  15  days  of  January,  maM 
a  report  of  its  actions  to  the  governor  of  the  State.     1 

Inquisitorial  powers  of  commissioner.  §  5.  The  depar 
ment  or  any  of  its  employes  shall  have  power  to  inspec:] 
and  test  all  weights,  scales,  beams  and  measures  t^ 
every  kind,  instruments  and  mechanical  devices  fl  i 
measurement,  and  all  tools,  appliances  or  accessor^  i 
connected  with  any  or  all  such  instruments  for  met  j 
urement  that  are  kept,  offered  or  employed  within  tl  | 
State  by  any  person  in  determining  the  size,  quantU  I 
extent,  area  or  measurement  of  quantities,  things,  pra  j 
uce,  articles  for  distribution  or  consumption,  offer*  I 
or  submitted  by  any  person  for  sale,  iiire  or  reward;  ai  j 
it  shall,  at  least  once  in  each  year,  and  as  much  often  1 
as  may  be  deemed  necessary,  see  that  the  weigh  I 
measures  and  all  apparatus  used  in  the  State  are  o  I 
rect.  In  the  general  performance  of  this  duty  the  (  I 
partment,  or  any  of  its  employes,  may  enter  or  i  | 
into  and  upon  any  stand,  place,  building  or  premlJ 
to  stop  any  vendor,  peddler,  junk  dealer,  coal  wag<  | 
ice  wagon,  delivery  wagon  or  any  dealer  whatsoev 
and  require  him,  if  necessary,  to  proceed  to  some  pla 
which  the  sealer  may  specify  for  the  purpose  of  ml 
ing  proper  tests.  Scales,  weights,  measures  or  well 
ing  or  measuring  instrliments  that  are  found,  upon 
spection,  to  correspond  with  the  standards  in  the 
session    of   the   department  shall   be   sealed    with   prop 


Public  Service  Laws 


751 


devices  to  be  approved  by  the  commission.  Any  em- 
ploye shall  condemn,  seize  and  may  destroy  incorrect 
weights,  measures  or  weighing  or  measuring  devices 
which  in  the  judgment  of  the  department  cannot  be  sat- 
isfactorily repaired,  and  such  as  are  incorrect  and  yet 
may  be  repaired,  shall  be  marked  as  "Condemned  for 
repair,"  in  the  manner  to  be  prescribed  by  the  depart- 
ment. The  owners  or  users  of  any  scales,  weights, 
measures,  or  weighing  or  measuring  instrument  which 
have  been  so  disposed  of  shall  have  the  same  repaired 
or  corrected  within  30  days  and  the  same  shall  not 
be  used  or  disposed  of  in  any  way  without  the  consent 
of  the  department. 

Penalty  for  violation  of  the  laic.  §  6.  Any  person  who 
shall  offer  or  expose  for  sale,  sell  or  use,  -or  have  in 
his  possession  a  false  scale,  weight  or  measure,  or 
weighing  or  measuring  device,  or  any  weight  or  measure 
or  weighing  or  measuring  device  which  has  not  been 
sealed  within  one  year,  as  provided  by  this  law,  or  use 
the  same  in  the  buying  or  selling  of  any  commodity  or 
thing;  or  who  shall  dispose  of  any  condemned  weighr, 
nieasure,  or  weighing  or  measuring  device  or  remove 
any  tag  placed  thereon  by  any  authorized  employe  of 
tne  department,  or  shall  sell  or  offer  or  expose  for  sale 
less  than  the  quantity  he  represents;  or  sell  or  offer 
or  expose  for  sale  any  such  commodities  in  the  manner 
contrary  to  law;  or  shall  sell  or  offer  for  sale  or  have  in 
his  possession  for  the  purpose  of  selling,  any  device  or 
Instrument  to  be  used  to,  or  calculated  to  falisfy  any 
weight  or  measure,  or  shall  refuse  to  pay  any  fee  charged 
for  testing  and  sealing  or  condemning  any  scale,  weight 
or  measure,  or  weighing  or  measuring  device,  shall  bo 
guilty  of  a  misdemeanor  and  shall  upon  conviction  be 
fined  a  sum  not  less  than  $20  nor  more  than  $100  or  by 
imprisonment  for  not  less  than  10  days  nor  more  than 
90  days,  and  the  costs  of  such  proceeding.  No  scale, 
weight,  measure,  or  weighing  or  measuring  device  that 
has  been  sealed  by  the  department  shall  be  used,  sold 
or  exposed  for  sale  until  the  fee  charged  for  the  service 
has  been  paid. 

Penalty  for  hindering  commissioner.  §  7.  Any  person 
hindering,  impeding  or  restricting  in  any  way  any  em- 
ploye of  the  department  while  in  the  performance  of 
his  official  duty  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  be  punished  by  a  fine  of  not  less  than 
$20  nor  more  than  $100  or  by  imprisonment  for  not  less 
than  10  days  nor  more  than  90  days  for  each  offense. 

Police  powers.  §  8.  The  said  department  and  all  au- 
thorized employes  under  the  provisions  of  this  Act  are 
hereby  made  special  policemen  and  are  authorized  and 
empowered  to  arrest,  without  formal  warrant,  any 
violator  of  the  statute  in  relation  to  weights  and  meas- 
ures, and  to  seize  for  use  as  evidence  and  without 
formal  warrant,  any  false  weight,  measure,  or  weighing 
or  measuring  device  or  package  or  kind  of  commodity 
found  to  used,  retained  or  offered  or  exposed  for  sale 
or  sold  in  violation  of  the  law. 

Appropriation  $10,000.  §  9.  There  is  hereby  appropri- 
ated from  any  moneys  in  the  State  treasury,  not  otherwise 
appropriated,  the  sum  of  $10,000  to  carry  out  the  provisions 
of  this  Act. 

Standards  to  lie  delivered.  §  10.  The  State  treasurer 
and  the  county  treasurer  of  the  various  counties  shall 
deliver  to  the  department  all  standards  of  weights  and 
measures,  balances,  testing  apparatus  and  sealing  equip- 
ment now  in  their  i>ossession  within  90  days  after  the 
passage   of  this  Act. 

Fees.  §  11.  The  commission  shall  fix  the  fees  for  in- 
specting, testing,  sealing  or  condemning  any  scales, 
weights,  measures,  and  weighing  or  measuring  devices. 
All  moneys  appropriated  or  so  collected,  and  all  fines 
and  penalties  for  violating  any  provisions  of  this  law, 
shall  be  paid  into  the  State  treasury  and  be  known  as 
the  "weight  and  measure  fund"  and  paid  out  only  on 
the  order  of  the  commission  and  auditor's  warrant.  The 
moneys  in  said  fund,  or  so  much  thereof  as  may  be  nec- 
essary, are  hereby  annually  appropriated  to  the  payment 
of  salaries,  fees  and  expenses  of  officers  and  employes 
of  said  department. 


"Person"  defined.  §  12.  The  word  "person"  shall  be 
construed  to  mean  person  or  persons,  corporation,  part- 
nershii),  stock  company,  or  the  agent  or  employe  thereof. 

Sections  not  repealed.  §  13.  This  Act  shall  not  apply 
to  nor  repeal  §  2059  of  the  revised  statutes  of  1905, 
chapter  357  of  the  laws  of  1907,  or  chapter  319  of  the 
laws   of  1909. 

Repeal.  §  14.  All  Acts  or  parts  of  Acts  conflicting  with 
the  provisions  of  this  law  are  hereby  repealed,  and  this 
Act  shall  take  effect  and  be  in  force  from  and  after 
the   first  day  of  July,  1911. 

Approved  April   15,   1911. 

NATIONAL   GUARD. 

Be  it  enacted  hy  the.  legislature  of  the  State  of  Minnesota: 
One-cent  rate  for  soldiers  and  sailors.  §  1.  That  when- 
ever it  shall  be  necessary  for  any  or  all  of  the  officers 
or  men  of  the  Minnesota  national  guard  or  the  Minne- 
sota naval  militia  or  reserve  to  travel  upon  any  railroad 
in  the  State  under  orders  from  competent  authority 
to  perform  military  duty,  such  railroads  shall  furnish 
transportation  at  the  rate  of  one  cent  per  mile  for  the 
whole  distance  to  be  traveled  upon  such  railroad  or 
railroads  within  the  limits  of  the  State  for  each  officer 
or  enlisted  man  so  carried,  including  the  usual  amount 
of  baggage;  and  all  station  or  ticket  agents  or  conductors 
shall  sell  first-class  tickets  or  furnish  first-class  passage 
at  the  rate  named  upon  being  notified  that  such  officer 
or  officers  or  enlisted  men  are  traveling  upon  military 
duty.  Such  notification  must  be  issued  by  the  adjutant- 
general,  and  may  be  by  telegraph  or  by  filing  a  copy 
of  the  order  issued  by  the  adjutant-general  tor  such 
transportation  with  the  station  or  ticket  agent  or  con- 
ductor. This  rate  shall  apply  to  officers  or  men  trav- 
eling under  orders,  either  singly  or  in  companies,  so  that 
whenever  one  or  more  members  of  the  guard  shall  pre- 
sent an  order  for  transportation  issued  by  the  adjutant- 
general  it  shall  be  honored  by  the  ticket  agent  or  by 
the  conductor  and  received  in  lieu  of  fare,  and  when 
presented  by  the  railroad  companies  to  the  adjutant- 
general  shall  be  audited  to  be  paid  at  once  at  the  fixed 
rate. 

Penalty  for  violation  of  Act.  §  2.  Any  railroad  agent  or 
officer  thereof,  or  any  person  whose  duty  it  is  to  trans- 
port or  carry  passengers  or  baggage  thereon,  who  shall 
wilfully  refuse  to  transport  or  furnish  the  means  of  trans- 
porting any  of  the  troops  of  this  State  and  their  said 
baggage,  when  ordered  out  by  the  governor,  on  the 
terms  prescribed  by  this  Act,  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  before  any  cour>. 
of  competent  jurisdiction  shall  be  fined  in  the  sum  of  not 
less  than  $50  nor  more  than  $500  for  each  offense.  And 
any  railroad  company  who  shall  refuse  to  transport 
said  troops  and  baggage  as  aforesaid,  or  refuse  to 
permit  its  agents  or  employes  to  transport  the  same 
or  furnish  means  of  transporting  them,  shall  be  liable 
to  the  State  of  Minnesota  in  a  penal  sum  of  $500  for 
each  violation  of  the  law,  to  be  recovered  in  a  civil 
action  in  the  name  of  the  State  of  Minnesota,  and  to  be 
prosecuted  by  the  attorney-general  or  county  attorney 
of  the  proper  county.  Should  any  county  attorney,  upon 
proper  complaint,  made  and  verified,  neglect,  decline 
or  refuse  to  prosecute  any  person  or  persons  violating 
the  provisions  of  said  Act,  any  court,  judge  or  justice  of 
the  peace  having  jurisdiction  of  the  offensQ  may  appoint 
an  attorney-at-law  to  conduct  said  prosecution,  who  shall 
receive  a  fee  of  not  less  than  $10  nor  more  than  $50 
in  each  case  where  conviction  shall  be  had,  said  fee 
to  be  fixed  by  the  court  and  taxed  as  costs  in  said 
action;  but  in  no  event  shall  the  county  be  liable  for 
said   fee. 

When  in  effect.     §  3.    This  Act  shall  take  effect  and  be 
in   force   from   and  after  its   passage. 
Approved   April"  24,   1909. 

TAXATION   OF  RAILROADS. 

Be  it  enacted  ty  the  legislature  of  the  State  of  Minnesota' 
"Railroad  companies"  defined.  §  1.  All  companies  oper 
ating  railroads  or  railways  in  the  State  of  Minnesota, 
except  street  railways,  shall  be  deemed  railroad  corn 
panics  within  tlie  meaning  of  §1003,  revised  laws  of  1906 
and  chapter  253,  general  laws  of  1903. 


752 


Natiokal  Association  of  Railway  Commissioners 


Apportionment  of  taxes.  §  2.  All  taxes  paid  Into  the 
State  treasury  by  such  railroad  companies  as  defined 
In  §  1  of  this  Act  which  are  not  ordinary  commercial 
steam  railroads,  shall  be  apportioned  and  distributed 
as  hereinafter  provided. 

Gross  earnings  to  be  reported  annually  and  ascertained. 
§  3.  Each  such  railroad  company,  that  is,  those  not  oper- 
ating an  ordinary  commercial  steam  railroad,  at  the 
same  time  that  it  reports  its  gross  earnings  and  income, 
shall  report  to  the  Minnesota  Tax  Commission  the 
approximate  amount  of  its  gross  earnings  and  income 
derived  from  the  business  contributed  to  such  railway 
by  each  city,  village,  town  and  taxing  district  in  or 
through  which  it  operates  its  line,  and  such  commission 
from  such  reports  and  from  all  evidence.  Information 
and  statistics  obtainable  shall  ascertain  and  determine 
as  nearly  as  may  be  the  amount  of  the  gross  earnings 
of  each  line  of  such  railways  contributed  by  or  derived 
from  each  city,  village,  town  and  taxing  district  in  or 
through  which  such  railway  Is  operated  for  the  calendar 
year  preceding  the  time  of  making  the  report  of  such 
gross  earnings  as  required  by  law. 

In  determining  the  amount  of  all  gross  earnings  con- 
tributed by  or  derived  from  the  property  and  operation 
of  such  railways  in  each  such  city,  village,  town  or  tax- 
ing district  said  tax  commission  may,  among  other 
things,  consider  the  relative  use  of  such  railway  property 
In  each  such  city,  village,  town  or  taxing  district  in 
connection  with  the  entire  use  of  the  property  of  such 
railway  for  operating  the  same,  and  for  all  other  pur- 
poses and  also  what  the  proportion  of  such  business  aris- 
ing in  each  such  city,  village,  town  or  taxing  district  Is 
to  the  entire  business  of  such  railway  company. 

The  total  gross  earnings  of  such  railway  shall  be 
entered  upon  the  records  of  such  tax  commission  op- 
posite to  the  name  of  each  city,  village,  town  or  taxing 
district  within  which  any  such  railway  is  operated  or 
any  property  owned  or  operated  for  or  in  connection 
with  such  railway,  and  there  shall  also  be  entered 
opposite  the  name  of  each  such  municipality  the  amount  of 
gross  earnings  which  such  commission  shall  ascertain 
and  determine  was  contributed  to  the  total  gross  earn- 
ings by  or  derived  from  the  property  and  use  of  such 
railway  in  such  city,  village,  town  or  taxing  district 
as  above  ascertained,  and  also  the  amount  of  the  taxes 
to  be  paid  by  such  railway  company,  by  reason  of  the 
proportion  of  gross  earnings  and  income  derived  from 
each   such   city,  village,   town  or   taxing   district. 

Apportionmnt  of  taxes.  §  4.  '  The  said  tax  commission, 
as  soon  as  it  shall  have  apportioned  such  taxes  among 
the  several  cities,  villages,  towns  and  taxing  districts 
contributing  to  the  gross  earnings  and  income  of  each 
such  railway  company,  shall  make  its  order  apportioning 
to  each  city,  village  or  town  as  aforesaid  the  proportion- 
ate amount  of  taxes  paid  by  such  railway,  on  account 
of  the  business  derived  from  or  contributed  by  each  such 
city,   village,   town  or   taxing  district. 

Tax  paid  hy  railroads  to  be  credited  to  real  estate.  §  5. 
The  Minnesota  Tax  Commission  shall  make  and  certify 
a  statement  in  triplicate  of  such  apportionment  and  di- 
vision of  the  gross  earnings  and  taxes  of  each  such  rail- 
road company  and  filed  one  of  such  statements  with  the 
State  auditor,  one  with  the  State  treasurer  and  one  • 
with  the  county  auditor  of  each  county  in  which  any 
such  railway^  line  or  property  thereof  used  for  railway 
purposes   is  'situated. 

Each  such  county  auditor  shall  thereupon  report  to 
the  State  auditor  what  the  per  cent  of  State  tax  in 
each  such  city,  village,  town  or  taxing  district  is  to  the 
entire  taxes  of  such  city,  village,  town  or  taxing  dis- 
trict. 

The  State  auditor  shall  deduct  from  the  total  amount 
apportioned  to  each  such  city,  village  or  town  the 
amount  due  the  State  as  indicated  by  such  statement, 
and  shall  draw  his  warrant  upon  the  State  treasury 
for  the  balance  of  the  amount  of  such  taxes  due  to 
each  county  and  to  each  of  the  cities,  villages,  towns 
and  taxing  districts  of  such  county  in  favor  of  the 
treasurer  of  such  county,  and  shall  transmit  the  same 
to  each  county  treasurer  and  shall  advise  the  county 
auditor  of  each  such  county  of  the  payment  thereof. 

Thereupon  the  county  auditor  of  each  such  county 
shall   apportion,   distribute   and   give   due   credit  for   such 


money  so  transmitted  to  the  treasurer,  and  the  county 
treasurer  of  each  such  county  shall  pay  the  same  to 
the  several  taxing  districts  as  they  may  be  entitled 
thereto,  and,  in  case  the  same  is  applicable  to  several 
funds,  to  the  particular  fund  to  which  the  real  estato 
taxes  of  such  taxing  district  are  apportioned  and  di- 
vided. 

The  taxes  on  the  property  of  each  such  railroad  com- 
pany so  received  shall  in  all  cases  be  apportioned  and 
divided  the  same  as  if  paid  as  a  tax  upon  real  estate 
situated  in  the  respective  taxing  districts  in  which  such 
railway  line  or  the  property  thereof  used  for  railway  pur- 
poses is   situated. 

Certain  existing  law  not  affected.  §  6.  Nothing  herein 
contained  shall  in  any  manner  modify  or  amend  any  ex- 
isting law  so  far  as  it  applies  to  the  taxation  of  street 
railways  or  ordinary  commercial  steam  railroads,  nor  in 
any  manner  affect  or  change  the  apportionment  of  any  of 
the  taxes  upon  the  gross  earnings  of  such  ordinary 
commercial    steam    railroads. 

Repeal.  §  7.  All  Acts  and  parts  of  Acts  Inconsistent 
herewith  are  hereby  repealed. 

When  in  effect.  §  8.  This  Act  shall  take  effect  and  ba 
in  force  from  and  after  its  passage. 

Approved   April   23,   1909. 


BILLS    OF    LADING. 


II 


An  Act  relating  to  bills  of  lading. 
Be  it  enacted  by  the  legislature  of  the  State  of  Minnesoti:: 
Order  bill  of  lading  defined.  §1.  That  whenever  ary 
common  carrier,  railroad  or  transportation  compaty 
(hereinafter  termed  carrier)  shall  issue  a  bill  of  ladle g 
for  the  transportation  of  property  from  one  place  1o 
another  within  this  State,  or  between  places  one  of 
which  is  within  the  State,  which  bill  shall  be  or  purpo  t 
to  be  drawn  to  the  order  of  the  shipper  or  other  speci- 
fied person,  or  which  shall  contain  apy  statement  or  re  )- 
resentation  that  the  property  described  therein  is  ( r 
may  be  deliverable  upon  the  order  of  any  person  there:  n 
mentioned,  such  bill  shall  be  known  as  an  "Order  hill 
of  lading"  and  shall  conform  to  the  following  requlr  j- , 
ments:  I 

(a)  In  connection  with  the  name  of  the  perse  n 
to  whose  order  the  property  is  deliverable,  the  won  s 
"order  of"  shall  prominently  appear  in  print  on  the  fai  e 
of  the  bill,  thus  "Consigned  to  Order  of — ." 

(b)  The  bill  shall  be  printed  on  yellow  paper,  8  4 
inches  wide  by  11  inches  long. 

(c)  It  shall  contain  on  its  face  the  following  pi  )- 
vision:  "The  surrender  of  this  Original  Order  Bill  if 
Lading  properly  indorsed  shall  be  required  before  d  3- 
livery  of  the  property." 

(d)  It  shall  not  contain  the  words  "Not  Negotiabl ;" 
or   words   of   similar   import.     If   such    words   are   plaC' d , 
on    an    order   bill    of   lading,    they    shall   be    void    and    )f ' 
no   effect. 

(e)  Nothing  herein  shall  be  construed  to  prohil  it 
the  insertion  in  an  order  bill  of  lading  of  other  ten  is 
or  conditions  not  inconsistent  with  the  provisions  of  tl  is 
Act;  but  it  shall  be  unlawful  to  insert  in  such  bill  a:iy 
terms  or  conditions  contrary  to  or  inconsistent  with 
such  provisions,  and  it  shall  be  unlawful  for  any  carrier 
to  insert  in  such  bill  any  term  or  condition  limiti  ig 
the  liability  of  such  carrier  for  actual  loss. 

Straight  bill  of  lading  defined.  §  2.  Whenever  a  bill  of 
lading  is  issued  by  a  carrier  for  the  transportation  of  prop- 
erty from  one  place  to  another  within  this  State,  or 
between  places  one  of  which  is  within  this  State,  in 
which  the  property  described  therein  is  stated  to  be 
consigned  or  deliverable  to  a  specified  person,  withcut 
any  statement  or  representation  that  such  property  is 
consigned  or  deliverable  to  the  order  of  any  person. 
Such  bill  shall  be  known  as  a  "Straight  Bill  of  Ladli  g" 
and  shall  contain  the  following  requirements: 

(a)  The  bill  shall  be  printed  on  white  paper,  '.i^ 
Inches  by  11  inches  long. 

(b)  The  bill  shall  have  rirominently  stamped  upon 
its  face  the  words  "Not  Negotiable." 

(c)  Nothing  herein  shall  be  construed  to  prohibit 
the  insertion  in  a  straight  bill  of  lading  of  other 
terms  or  conditions  not  inconsistent  with  the  provisions 
of   this   Act,   but   it   shall   be   unlawful   to   insert   in   such 


Public  Service  Laws 


753 


bill   any   terms   or   conditions  contrary   to  or  inconsisten' 
with  such  provisions. 

Penalty  for  violating  requirements.  §  3.  Every  carrier, 
or  officer,  agent  or  servant  of  a  carrier,  who  shall  know- 
ingly violate  any  of  the  requirements  stated  in  sub- 
divisions (a)  (b)  (c)  (d)  or  (e)  of  §  1  and  in  subdi- 
visions (a),  (b)  or  (c)  of  §2  shall  be  guilty  of  a  misde- 
meanor and  punishable  by  a  fine  of  not  more  than 
$1,000  or  imprisonment  not  more  than  one  year,  or  both. 

Issue  of  false  bill  or  unmarked  duplicate  unlawful.  §  4. 
It  sliall  be  unlawful  for  any  carrier,  or  for  any  officer, 
agent  or  servant  of  a  carrier,  to  issue  an  order  bill 
of  lading  or  a  straight  bill  of  lading,  as  defined  by  this 
Act,  until  the  whole  of  the  property  as  described  therein 
shall  have  been  actually  received  and  is  at  the  time 
under  the  actual  control  of  such  carrier,  to  be  transported 
or  to  issue  a  second  or  duplicate  order  bill  of  lading  or 
straight  bill  of  lading  for  the  same  property,  in  whole 
or  in  part,  for  which  a  former  bill  of  lading  has  been 
issued  and  remains  outstanding  and  uncanceled  without 
prominently  marking  across  the  face  of  the  same  the 
word    "Duplicate." 

Penalty  and  civil  Uahilty  for  violation.  §  5.  Every  car- 
rier, or  officer,  agent  or  servant  of  a  carrier,  who 
knowingly  violates  the  provisions  of  §  4  of  this  Act, 
and  every  person  who  negotiates  or  transfers  for  value 
a  bill  of  lading  known  by  him  to  have  been  issued  in 
violation  of  said  §  4,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  punished  by  a  fine  not 
exceding  $5,000  or  imprisonment  not  exceeding  five  years, 
or  both. 

And  every  carrier  who  himself,  or  by  his  officer,  agent 
or  servant  authorized  to  issue  bills  of  lading  issues  a 
false  or  duplicate  bill  of  lading  in  violation  of  the  pro- 
visions of  §  4  of  this  Act,  shall  be  estopped,  as  against 
all  and  every  person  or  persons  injured  thereby  who 
shall  acquire  any  such  false  or  duplicate  bill  of  lading 
in  good  faith  and  for  value,  to .  deny  the  receipt  of  the 
property  as  described  therein,  or  to  assert  that  a  former 
bill  of  lading  has  been  issued  and  remains  unstanding 
and  uncanceled  for  the  same  property,  as  the  case  may 
be;  and  such  issuing  .carrier  shall  be  liable  to  any 
and  every  such  person  for  all  damages,  immediate  or 
consequential,  which  he  or  they  may  have  sustained 
because  of  reliance  upon  such  bill,  whether  the  person 
or  persons  guilty  of  issuing  or  negotiating  such  a  bill 
shall  have  been  convicted  under  this  section  or  not. 

Penalty  upon  shipper  without  title.  §  6.  Every  person 
who  receives  from  a  carrier  and  fraudulently  negotiates 
for  value  an  order  or  straight  bill  of  lading  representing 
property  to  which  he  had  no  or  an  incumbered  title, 
at  the  time  of  the  negotiation  of  such  bill,  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  fine  not  exceeding  $5,000  or  imprisonment 
not  exceeding  five  years,  or  both.  Provided,  however, 
that  it  shall  be  a  full  and  complete  defense  to  any  pros- 
ecution under  this  Act  that  any  person,  corporation  or 
co-partnership  accused  has  complied  with  the  require- 
ments of  any  law  of  the  United  States  hereafter  enacted 
by  the  congress  of  the  United  States  relating  to  uni- 
form bills  of  lading. 

Surrender  of  order  bill.  §  7.  It  shall  be  unlawful  for 
any  carrier,  or  officer,  agent  or  servant  of  a  carrier, 
to  deliver  the  property  described  in  an  order  bill  of 
lading  without  requiring  surrender  and  making  can- 
cellation of  such  bill,  or  in  case  of  partial  delivery. 
Indorsing  thereon  a  statement  of  the  property  delivered; 
provided  that  in  lieu  of  such  delivery,  it  shall  be  law- 
ful for  the  carrier,  or  his  officer,  agent  or  servant  in 
his  behalf,  to  take  from  the  person  to  whom  such  prop- 
erty is  delivered  a  good,  sufllcient  and  valid  bond  in 
a  sum  double  the  value  of  the  property,  conditioned  that 
such  person  shall,  within  a  reasonable  time  thereafter, 
deliver  to  the  carrier  the  original  order  bill  of  lading 
issued  for  said  property  or  shall  pay  the  value  of  said 
property  to  the  carrier  upon  demand,  and  upon  the  exe- 
cution and  delivery  of  said  bond  as  aforesaid.  It  shall 
be  lawful  for  the  carrier,  or  his  officer,  agent  or  servant, 
to  deliver  the  goods  to  the  person  claiming  title  thereto, 
without  requiring  the  immediate  surrender  of  said  order 


bill  of  lading.  Every  carrier,  or  officer,  agent  or  servant 
of  a  carrier,  who  knowingly  violates  the  provision  of  thi^ 
section  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  not  exceeding 
$5,000  or  imprisonment  not  exceeding  five  years,  or  both. 

And  every  carrier  who  by  himself,  or  by  officer, 
agent  or  servant  authorized  to  deliver  goods  upon  sur- 
render of  an  order  bill  of  lading,  violates  the  provisions 
of  this  section,  shall  be  estopi>ed  as  against  all  and 
every  person  or  persons  injured  thereby  who  shall  ac- 
quire in  good  faith  and  for  value  any  such  order  bill  of 
lading,  from  asserting  that  the  property  as  described 
therein  has  been  delivered;  and  such  delivering  carrier 
shall  be  liable  to  any  and  every  such  person  for  all 
damages,  immediate  or  consequential,  which  he  or  they 
may  have  sustained  bacause  of  reliance  upon  such  bill, 
whether  the  person  or  persons  violating  this  section 
have  been  convicted  of  such  violation  or  not. 

Provided,  that  the  provisions  of  this  section  shall  not 
apply  where  the  property  is  replevined  or  removed  from 
the  possession  of  the  carrier  by  oi)eration  of  law;  or 
has  been  lawfully  sold  to  satisfy  the  carrier's  lien; 
or  in  case  of  sale  or  disposition  of  perishable,  hazardous 
or  unclaimed  goods  in  accordance  with  law  or  the 
terms   of   the   bill   of   lading. 

Alteration.  §  8.  Any  material  alteration,  addition  or 
erasure  in  or  to  an  order  bill  of  lading  or  a  straight 
bill  of  lading,  fraudulent  or  otherwise,  shall  be  without 
effect  and  in  the  hands  of  a  bona  fide  holder  for  value, 
not  a  party  to  the  alteration  thereof,  such  bill  shall  be 
valid  and  may  be  enforced  according  to  its  original 
tenor.  Provided,  however,  that  an  alteration,  addition 
or  erasure  in  or  to  any  such  bill  of  lading  with  signature 
thereto  indorsed  thereon  by  the  issuing  carrier,  or  his 
officer,  agent  or  servant  in  his  behalf,  and  with  the  con- 
sent of  the  holder  thereof,  shall  be  valid  and  effective. 

§  9.  All  Acts  or  parts  of  Acts  inconsistent  herewith  are 
hereby  repealed. 

§  10.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  April   i,   1910. 

Approved  April   22,   1909. 

CHAPTER  319,  1911. 

Act  to  authorize  the  leasing  of  certain  land  owned  by  the 
State  of  Minnesota  situated  in  the  city  of  Duluth 
for  purposes  of  public  docks,  wharves  and  warehouses. 
Omitted. 

CHAPTER  102,  1911. 

Act  to  provide  for  the  organization  of  "union  depot"  corpo- 
rations. In  cities  of  this  State,  now  or  hereafter 
having  a  population  exceeding  50,000  Inhabitants,  into 
or  through  which  may  pass  two  or  more  commercial 
steam  railways,  and  for  the  erection  and  construc- 
tion of  such  union  depots,  and  for  the  financing 
and  supervision  of  the  same;  and  for  Investing 
such  corporations  with  the  right  and  power  to  take 
and  condemn,  for  the  use  of  such  union  depots, 
private  and  public  property;  and  for  requiring  any 
and  all  commercial  steam  railways  entering  or  pass- 
ing through  such  cities  to  make  use  of  such  union 
depots  under  the  supervision  of  the  railroad  and 
warehouse    commission.      Omitted. 

CHAPTER   28,   1911. 

Act  relating  to  drunkenness  on  railway  trains  and  prohibit- 
ing the  drinking  of  Intoxicating  liquors  thereon 
as  a  beverage,  and  providing  penalties  for  its  vio- 
lation.    Omitted. 

CHAPTER    261,    1911. 

An  Act  preventing  discrimination  by  innkeepers,  common 
carriers,  or  places  of  amusement  against  any  persons 
wearing  the  uniform  of  the  army,  navy,  marine 
corps  or  revenue  cutter  service  of  the  United  States, 
or  of  the  national  guard  or  naval  service  of  this 
State,  and  providing  a  penalty  for  the  violation 
thereof.    Omitted. 


754 


National  Association  of  Railway  Commissioners 

PUBLIC   SERVICE  LAWS  OF  MISSISSIPPI 


J 


CONSTITUTIONAL  PROVISIONS. 

§  90.  The  legislature  shall  not  pass  local,  private  or 
special  laws  in  any  of  the  following  enumerated  cases, 
but  such  matters  shall  be  provided  for  only  by  general 
laws,  viz: 

(r)  Conferring  the  power  to  exercise  the  right  of 
eminent  domain,  or  granting  to  any  person,  corporation 
or  association  the  right  to  lay  down  railroad  tracks  or 
■treet  car  tracks  in  any  other  manner  than  that  pre- 
scribed by  general  law; 

(u)  Granting  any  lands  under  control  of  the  State 
to    any   person    or   corporation. 

§  95.  Lands  belonging  to,  or  under  the  control  of 
the  State,  shall  never  be  donated,  directly  or  indirectly, 
to  private  corporations  or  individuals,  or  to  railroad 
companies.  Nor  shall  such  land  be  sold  to  corporations 
or  associations  for  a  less  price  than  that  for  which  it  is 
subject  to  sale  to  individuals.  This,  however,  shall  not 
prevent  the  legislature  from  granting  a  right  of  way,  not 
exceeding  100  feet  in  width,  as  a  mere  easement,  to 
railroads  across  State  land,  and  the  legislature  shall 
never  dispose  of  the  land  covered  by  said  right  of  way 
so  long  as  such  easement  exists. 

ARTICLE  VII. 

CORPORATIONS. 

§  178.  Corporations  shall  be  formed  under  gen- 
eral laws  only.  The  legislature  shall  have  power  to 
alter,  amend  or  repeal  any  charter  of  incorporation  now 
existing  and  revocable,  and  any  that  may  hereafter  be 
created,  whenever,  in  its  opinion,  it  may  be  for  the 
public  interest  to  do  so:  Provided,  however,  that  no 
Injustice  shall  be  done  to  the  stockholders.  No  charter 
for  any  private  corporation  for  pecuniary  gain  shall  be 
granted  for  a  longer  period  than  99  years.  In  assessing 
for  taxation  the  property  and  franchises  of  corporations 
having  charters  for  a  longer  period  than  99  years,  the 
Increased  value  of  such  property  and  franchises,  arising 
from  such  longer  duration  of  their  charters  shall  be 
considered  and  assessed;  but  any  such  corporation  shall 
have  the  right  to  surrender  the  excess  over  99  years 
of  Its  charter. 

§  181.  The  property  of  all  private  corporations 
for  pecuniary  gain  shall  be  taxed  in  the  same  way  and 
to  the  same  extent  as  the  property  of  individuals,  but 
the  legislature  may  provide  for  the  taxation  of  banks  and 
banking  capital  by  taxing  the  shares  according  to  the 
value  thereof  (augmented  by  the  accumulations,  surplus 
and  unpaid  dividends),  exclusive  of  real  estate,  which 
shall  be  taxed  as  other  real  estate.  Exemptions  from 
taxation  to  which  corporations  are  legally  entitled  at 
the  adoption  of  this  constitution,  shall  remain  in  full 
force  and  effect  for  the  time  of  such  exemptions  as 
expressed  in  their  respective  charters,  or  by  general 
laws,  unless  sooner  repealed  by  the  legislature.  And 
domestic  insurance  companies  shall  not  be  required  to 
pay  a  greater  tax  in  the  aggregate  than  is  required  to 
be  paid  by  foreign  insurance  companies  doing  business 
in  this  State,  except  to  the  extent  of  the  excess  of 
their  ad  valorem  tax  over  the  privilege  tax  imposed  upon 
such  foreign  companies;  and  the  legislature  may  impose 
privilege  taxes  on  building  and  loan  associations  in  lieu 
of  all  other  taxes  except  on  their  real  estate. 

§  182.  The  power  to  tax  corporations  and  their 
property  shall  never  be  surrendered  or  abridged  by 
any  contract  or  grant  to  which  the  State  or  any  political 
subdivision  thereof  may  be  a  party,  except  that  the 
legislature  may  grant  exemption  from  taxation  in  the 
encouragement  of  manufactures  and  other  new  enter- 
prises of  public  utility,  extending  for  a  period  not  ex- 
ceeding five  years,  the  time  of  such  exemptions  to  com- 
mence from  date  of  charter,  if  to  a  corporation,  and,  if 
to  an  individual  enterprise,  then  from  the  commencement 
of  work,  but  when  the  legislature  grants  such  exemptions 
for  a  period  of  five  years  or  less,  it  shall  be  done  by 
general  laws  which  shall  distinctly  enumerate  the 
classes  of  manufactures  and  other  new  enterprises  of 
public    utility    entitled    to    such    exemptions,    and    shall 


prescribe   the   mode   and  manner  in  which  the   right  to 
such  exemptions  shall  be  determined. 

§  183.  No  county,  city  town  or  other  municipal 
corporation  shall  hereafter  become  a  subscriber  to  th(3 
capital  stock  of  any  railroad  or  other  corporation  or 
association,  or  make  appropriation,  or  loan  its  credit 
in  aid  of  such  corporation  or  association.  All  authority 
heretofore  conferred  for  any  of  the  purposes  aforesaid 
by  the  legislature  or  by  the  charter  of  any  corporation 
is  hereby  repealed.  Nothing  in  this  section  contained 
shall  affect  the  right  of  any  such  corporation,  municipality 
or  county  to  make  such  subscription  where  the  same 
has  been  authorized  under  laws  existing  at  the  time 
of  the  adoption  of  this  constitution,  and  by  a  vote  of  the 
people  thereof,  had  prior  to  its  adoption,  and  where  the 
terms  of  submission  and  subscription  have  been  or  shall 
be  complied  with,  or  to  prevent  the  issue  of  renewal 
bonds,  or  the  use  of  such  other  means  as  are  or  may  b'} 
prescribed  by  law  for  the  payment  of  liquidation  of  sucli 
subscription    or    of    any    existing    indebtedness. 

§  184.  All  railroad  which  carry  persons  or  property 
for  hire  shall  be  public  highways,  and  all  railroatl 
companies  so  engaged  shall  be  common  carriers.  Any 
company  organized  for  that  purpose  under  the  lawj 
of  the  State  shall  have  the  right  to  construct  and  operat) 
a  railroad  between  any  points  within  this  State,  and  t) 
connect  at  the  State  line  with  the  roads  of  other  States. 
Every  railroad  company  shall  have  the  right  with  it ! 
road  to  intersect,  connect  with  or  cross  any  othe  ■ 
railroad;  and  all  railroad  companies  shall  receive  anil 
transport  each  other's  passengers,  tonnage  and  cart, 
loaded  or  empty,  without  unnecessary  delay  or  discrim- 
ination. 

§  185.  The  rolling  stock  belonging  to  any  railroaiL 
company  or  corporation  in  this  State  shall  be  con- 
sidered personal  property,  and  shall  be  liable  to  execu  - 
tion   and   sale   as   such. 

§  186.     The     legislature    shall    pass    laws    to    preven 
abuses,     unjust     descrimination     and     extortion     in     al 
charges     of    express,    telephone,     sleeping-car,     telegrapl 
and    railroad    companies,    and    shall    enact    laws    for   th-i 
supervision    of    railroads,    express,    telephone,    telegrapb , 
sleeping-car     companies,     and     other     common     carrier . 
in    this    State,    by    commission    or    otherwise,    and    shal. 
provide    adequate    penalties    to    the    extent,    if    necessar; 
for   that   purpose,   of   forfeiture   of   their   franchises. 

§  187.  No  railroad  hereafter  constructed  in  this  Stat  • 
shall  pass  within  three  miles  of  any  county  seat  withou 
passing  through  the  same,  and  establishing  and  mail  ■ 
taining  a  depot  therein,  unless  prevented  by  natura  - 
obstacles:  Provided,  sucii  town  or  its  citizens  shall  gran; 
the  right  of  way  through  its  limits,  and  sufficient  ground  i 
for   ordinary    depot    purposes. 

§  188.  No  railroad  or  other  transportation  compan  • 
shall  grant  free  passes  or  tickets,  or  passes  or  ticket  i 
at  a  discount,  to  members  of  the  legislature,  or  an' 
State,  district,  county  or  municipal  ofl^cers,  except  rai - 
road  commissioners.  The  legislature  shall  enact  sui 
able  laws  for  the  detection,  prevention  and  punishm€Bi._ 
of  violations  of  this  provision. 

§  189.     All    charters    granted    to    private    corporatU 
In    this   State   shall   be   recorded   in   the   chancery   cler 
office    of    the    county    in    which    the    principal    office 
place  of  business  of  such  company  shall  be  located. 

§  190.     The    exercise   of   the   right   of   eminent  domi 
shall    never    be    abridged,    or    so    construed    as    to    p 
vent   the   legislature   from  taking  the   property   and  fr 
chises    of    incorporated    companies    and    subjecting    tlM 
to   public   use;   and   the  exercise  of  the  police  powers ; 
the   State   shall   never   be   abridged   or   so   construed 
to   permit  corporations  to  conduct  their  business  in  sued* 
manner    as    to    infringe    upon    the    rights    of    individuals 
or  general  well-being  of  the  State. 

§  191.  The  legislature  shall  provide  for  the  protec- 
tion of  the  employes  of.  all  corporations  doing  business 
In  this  State  from  interference  with  their  social,  civil 
or  political  rights  by  said  corporations,  their  agents 
or  employes. 

§  192.    Provisions    shall    be    made    by    general    laws 


Public  Seevioe  Laws 


755 


whereby  cities  and  towns  may  be  authorized  to  aid 
and  encourage  the  establishment  of  manufactories,  gas- 
works, water-works  and  other  enterprises  of  public 
utility  other  than  railroads,  within  the  limits  of  said 
cities  or  towns,  by  exempting  all  property  used  for  such 
purposes  from  municipal  taxation  for  a  period  not 
longer  than  ten  years. 

§  193.  Every  employe  of  any  railroad  corporation 
shall  have  the  same  right  and  remedies  for  any  injury 
suffered  by  him  from  the  act  or  omission  of  said  corpo- 
ration or  its  employes,  as  are  allowed  by  law  to  other 
persons  not  employes  where  the  injury  results  from  the 
negligence  of  a  superior  agent  or  officer,  or  of  a  person 
having  the  right  to  control  or  direct  the  services  of  the 
party  injured,  and  also  when  the  Injury  results  from 
the  negligence  of  a  fellow-servant  engaged  in  another 
department  of  labor  from  that  of  the  party  injured,  or 
of  a  fellow-servant  on  another  train  of  cars,  or  one  engaged 
about  a  different  piece  of  work.  Knowledge  by  any 
employe  injured,  of  the  defective  or  unsafe  character 
or  condition  of  any  machinery,  ways  or  appliances,  shall 
be  no  defense  to  an  action  for  injury  caused  thereby, 
except  as  to  conductors  or  engineers  in  charge  of  dan- 
gerous or  unsafe  cars,  or  engines  voluntarily  operated 
by  them.  Where  death  ensues  from  any  injury  to  em- 
ployes, the  legal  or  personal  representatives  of  the  per- 
sons injured  shall  have  the  same  right  and  remedies 
as  are  allowed  by  law  to  such  representatives  of  other 
persons.  Any  contract  or  agreement,  express  or  im- 
plied, made  by  any  employe  to  waive  the  benefit  of  this 
section  shall  be  null  and  void;  and  this  section  shall  not 
be  construed  to  deprive  any  employe  of  a  corporation  or 
his  legal  or  personal  representative,  of  any  right  or  rem- 
edy that  he  now  has  by  the  law  of  the  land.  The 
legislature  may  extend  the  remedies  herein  provided 
for  to  any  other  class  of  employes. 

§  195.  Express,  telegraph,  telephone  and  sleeping-car 
companies  are  declared  common  carriers  in  their  respect- 
ive lines   of  business,   and   subject  to  liability  as  such. 

§  196.  No  transportation  corporation  shall  issue  stocks 
or  bonds  except  for  money,  labor  done  (or  in  good  faith 
agreed  to  be  done),  or  money  or  property  actually  re- 
ceived; and  all  fictitious  increase  of  stock  or  indebted- 
ness shall  be  void. 

§  197.  The  legislature  shall  not  grant  to  any  for- 
eign corporation  or  association  a  license  to  build,  operate 
or  lease  any  railroad  in  this  State;  but  in  all  cases  where 
a  railroad  is  to  be  built  or  operated,  and  the  same  shall 
be  partly  in  this  State  and  partly  In  another  State  or 
In  other  States,  the  owners  or  projectors  thereof  shall 
first  bcome  incorporated  under  the  laws  of  this  State; 
nor  shall  any  foreign  corporation  or  association  lease  or 
operate  any  railroad  in  this  State,  or  purchase  the  same 
or  any  interest  therein.  Consolidation  of  any  railroad 
lines  and  corporations  in  this  State  with  others  shall 
be  allowed  only  where  the  consolidated  company  shall 
become  a  domestic  corporation  of  this  State.  No  general 
or  special  law  shall  ever  be  passed  for  the  benefit  of  any 
foreign  corporation  operating  a  railroad  under  an  exist- 
ing license  from  this  State,  or  under  an  existing  lease; 
and  no  grant  of  any  right  or  privilege,  and  no  exemp- 
tion from  any  burden,  shall  be  made  to  any  such  foreign 
corporation  except  upon  the  condition  that  the  owners 
or  stockholders  thereof  shall  first  organize  a  corporation 
In  this  State  under  the  laws  thereof,  and  shall  thereafter 
operate  and  manage  the  same,  and  the  business  thereof 
under  said  domestic  charter. 

§  198.  The  legislature  shall  enact  laws  to  prevent  all 
trusts,  combinations,  contracts  and  agreements  inimical 
to   the    public    welfare. 

§  199.  The  term  "corporation"  used  in  this  Article 
shall  include  all  associations  and  all  joint  stock  com- 
panies for  the  pecuniary  gain  having  privileges  not 
possessed   by   individuals   or  partnerships. 

I  200.  The  legislature  shall  enforce  the  provisions  of 
this    article    by    appropriate    legislation. 

STATUTE  LAW. 

CHAPTER  111,  ANNOTATED  CODE  OF  STATUTE  LAWS 
OF  MISSISSIPPI,  1906. 

Railroad  commissioners — How  nominated.  §  3723.  Can- 
didates for  the  oflfice  of  railroad  commissioner  shall  be 
voted  for  by  districts,  which  shall  be  the  same  as  those 


from   which    railroad    commissioners    are    required    to   be 
elected. 

APPROPRIATION. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Appropriation  for  1910  and  1911.  §  1.  That  the  follow- 
ing sums  of  money,  or  so  much  thereof  as  may  be  nec- 
essary be,  and  the  same  are  hereby  appropriated,  out 
of  any  money  in  the  State  treasury  not  otherwise  appro- 
priated, for  the  purpose  of  defraying  the  expenses  of  the 
executive,  legislative  and  judicial  departments,  and  to 
pqy   the   interest   on    State   debt. 

CHAPTER  119. 

KEGISTEATION    AND   ELECTIONS. 

Officers  to  be  elected.  §  4140  (3633).  At  the  election  in 
1907,  and  every  four  years  thereafter,  there  shall  be 
elected  a  governor,  lieutenant-governor,  secretary  of 
State,  auditor  of  public  accounts.  State  treasurer,  attorney- 
general,  superintendent  of  public  education,  three  rail- 
road commission,  land  commissioner,  clerk  of  the  Su- 
preme Court,  commissioner  of  insurance,  senators  and 
members  of  the  house  of  representatives  in  the  legis- 
lature, district  attorneys  for  the  several  districts,  clerks 
of  the  Circuit  and  Chancery  Courts  of  the  several 
counties,  as  well  as  sheriffs,  coroners,  treasurers,  asses- 
sors, surveyors  and  members  of  the  boards  of  super- 
visors, justices  of  the  peace  and  constables,  and  all 
other  oflacers  to  be  elected  by  the  people.  All  such 
oflicers  shall  hold  their  ofiices  for  the  term  of  four 
years,  and  until  their  successors  are  elected  and  quali- 
fied. The  State  officers,  including  railroad  commissioners, 
land  commissioner  and  the  clerk  of  the  Supreme  Court, 
shall  be  elected  in  the  manner  prescribed  in  §  140  of 
the  constitution. 

CHAPTER  139,  ANNOTATED  CODE  OF  STATUTE  LAWS 
OF  MISSISSIPPI,  1906. 

SUPERVISION   OF   COMMON  CARRIERS. 

The  railroad  commission — Election  and  qualification  of 
members.  §4826(4273).  The  railroad  commission  is  con- 
tinued, consisting  of  three  members,  one  from  each 
Supreme  Court  district,  to  be  elected  at  the  general 
elections  every  four  years,  by  ballot  at  large  and  in 
the  same  manner  as  other  State  officers.  The  railroad 
commissioners  shall  each  possess  the  qualifications  pre- 
scribed for  the  secretary  of  State,  but  shall  not  operate, 
own  any  stock  in  or  be  in  the  employment  of  any  rail- 
road or  other  common  carrier. 

CHAPTER  125,  ANNOTATED  CODE  OF  STATUTE  LAWS 
OF  MISSISSIPPI,  1906. 

Railroad  commissioner — Deduction  from  salary  for  ab- 
sence from  meeting  of  commission.  §  4483  (3959)  In  case 
a  railroad  commissioner  shall  fail  to  attend  at  any  meet- 
ing or  session  of  the  railroad  commission  appointed  for 
the  transaction  of  business,  he  shall  be  subject  to  a 
pro  rata  deduction  from  his  salary  and  the  clerk  of 
said  commission,  or,  in  his  absence,  the  commissioner 
or  commissioners  present,  shall  certify  to  the  auditor 
of  public  accounts  the  number  of  days  such  commis- 
sioner was  absent  at  each  meeting  or  session,  and  the 
auditor  shall  deduct  twice  the  number  of  days  so 
certified  from  the  time  for  which  the  salary  of  such 
commissioner  may  be  estimated,  unless  such  commis- 
sioner shall  make  and  file  an  affidavit  in  the  auditor's 
oflSce  that,  his  absence  was  occasioned  by  sickness  of 
himself  or  a  member  of  his  family,  or  by  the  prevalence 
of  an  epidemic  or  a  contagious  disease,  or  by  means  not 
within  his  control. 

Governor  may  grant  leave  of  absence.  §  4484  (3660). 
The  governor  may  grant  leave  of  absence,  for  a  time 
not  to  exceed  three  months  in  the  year,  to  any  officer, 
at  a  time  when  the  duties  of  his  oflice  will  admit  of 
the  absence  without  injury  to  the  public  service;  but  a 
judge,  district  attorney  and  the  attorney-general  shall 
not  have  a  leave  of  absence  which  will  interfere  with 
his  presence  at  any  term  of  court  at  which  he  should 
be  present.  Nor  shall  a  railroad  commissioner  have  a 
leave  of  absence  which  will  interfere  with  his  presence 
at  any  session  or  meeting  of  the  railroad  commission. 

Commissioners   not   to   accept  favors — Penalty.     §  4827 


r56 


National  Association  of  Railway  Commissioners 


(4274).  Any  railroad  commissioner  who  shall  directly  or 
indirectly  accept  any  gift,  gratuity,  emolument  or  em- 
ployment from  any  person  or  corporation  owning  or 
operating  any  railroad  or  from  any  other  common  car- 
rier, during  his  continuance  in  office,  shall  forfeit  his 
office,  and  may  be  impeached  and  removed  from  office 
for  that  cause,  as  well  as  for  any  of  the  causes  specified 
by  law  for  •  the  impeachment  of  other  State  officers, 
and  shall  be  subject  to  a  criminal  prosecution,  and,  upon 
conviction,  shall  be  fined  not  less  than  ?1,000  nor  more 
than  $10,000,  or  imprisonened  in  the  penitentiary  not 
less  than  one  year  nor  more  than  10  years  or  both. 
(See   §4873). 

Quorum — Secretary— Office.  §4828  (4276).  Two  mem- 
bers of  the  commission  are  a  quorum.  There  shall  be  a 
secretary  of  the  commission,  to  be  appointed  by  the 
commission,  by  and  with  the  advice  and  consent  of  the 
senate,  for  the  term  of  the  commissioners.  The  secre- 
tary must  have  the  same  qualifications  as  the  commis- 
sioners, and  be  subject  to  the  same  disqualifications  and 
to  like  penalties,  except  that  he  shall  not  be  liable  to 
impeachment.  He  shall  take  the  oath  of  office,  and 
shall  be  removable  at  the  pleasure  of  the  commission, 
and  it  may  fill  all  vacancies  until  the  senate  confirm  a 
successor.  The  commission  shall  keep  an  office  in  the 
capitol,  which  shall  be  kept  open  during  every  business 
day  from  9.  o'clock  in  the  morning  to  4  o'clock  in  the 
afternoon. 

Meetings — Minutes.  §4829  (4277).  The  commission 
shall  meet  at  its  office  on  the  first  and  third  Mondays 
of  each  month,  and  at  such  other  times  and  places  as  its 
duties  may  require;  and  may  sit  from  day  to  day,  and 
from  time  to  time;  but  any  meeting  may  be  pretermitted, 
not  exceeding  four  in  any  year.  It  shall  keep  regular 
minutes  of  its  proceedings,  which  shall  be  a  public  rec- 
ord, and  all  orders,  findings  and  acts  of  the  commission 
shall  be  entered  on  the  minutes. 

Seal.  §  4830  (4278).  The  commission  shall  have  a  seal, 
having  around  the  margin  the  words,  "Mississippi  Rail- 
road Commission,"  and  in  the  center  such  device  as  It 
may  select.  The  acts  of  the  commission  shall  be  au- 
thenticated  by  its  seal. 

Administer  oaths  —  False  swearing  before,  perjury. 
§  4831  (4279).  The  several  members  of  the  commission  and 
the  secretary  may,  in  the  discharge  of  their  duties, 
administer  oaths  and  take  affidavits,  and  the  commission 
and  each  member  thereof  may  examine  witnesses  under 
oath  in  all  matters  coming  before  them,  and  if  any 
person  shall  testify  falsely,  or  make  any  false  affidavit  or 
oath  before  the  commission,  or  before  any  of  the  com- 
missioners, or  before  any  officer,  to  any  matter  coming 
before  the  commission,  he  shall  be  guilty  of  perjury, 
and,  upon  conviction,  shall  be  punished  according  to  law. 
Docket  of  petitions  and  complaints.  §4832  (4280).  The 
commission  shall  keep  a  docket  of  petitions  and  com- 
plaints, which  shall  be  entered  in  regular  order,  and  the 
docket  shall  be  called  at  each  regular  meeting  of  the 
board,  and  the  cases  thereon  disposed  of,  or  if  nec- 
essary,   continued    until    the    next    meeting. 

Notices  to  railroads  and  other  common  carriers.  §  4833 
(4281).  All  railroads  and  other  common  carriers  are  re- 
quired to  take  notice  of  the  time  of  making  the  returns 
and  reports  required  by  law.  Railroads  must  be  given 
10  days'  notice  of  the  time  and  place  at  which  any 
revision  of  its  tariff  of  charges,  or  complaint  concerning 
the  same,  will  be  considered.  In  all  -other  cases  of 
complaint  against  a  railroad  or  other  common  carrier 
the  commission  shall  give  the  party  complained  of  such 
reasonable  notice  at  it  may  adjudge  proper,  but  not 
less  than  five  days.  In  other  cases,  where  notice  Is 
given  or  required  to  be,  or  is  proper  to  be  given  to  any 
railroad  or  other  common  carrier,  five  days'  notice  shall 
be  sufficient;  but  where  anything  is  required  to  be 
done,  such  reasonable  time  must  be  allowed  therefor 
as  the  commission  shall  deem  proper. 

Notice  to  railroads,  etc.— How  served.  §4834  (4282). 
All  notices  given  or  required  to  be  given  to  or  served 
upon  a  railroad  or  other  common  carrier  of  passengers, 
freight  or  intelligence  shall  be  sufficiently  served  and 
executed  upon  any  railroad  or  other  carrier  when  de- 
posited in  the  post-office,  postage  paid,  addressed  to  the 
railroad  or  other  common  carrier,  or  to  a  chief  or  other 


officer  of  the  railroad  or  other  carrier  at  Its  principal 
place  of  business  in  this  State,  it  any  there  be,  and,  if 
not,  so  deposited  and  addressed  in  the  care  of  an  officer, 
agent  or  employe  of  the  railroad  or  other  carrier  at  an 
office  or  place  of  business  in  this  State  of  the  railroad 
or  other  carrier;  or  it  may  be  served  upon  any  such 
officer,  agent  or  employe,  wherever  found,  by  an  officer, 
and  due  return  thereof  made,  as  if  it  were  the  process 
of  a  court.  In  all  cases  where  notice  is  given  or  re- 
quired to  be  given  and  where  the  time  of  notice  is 
not  specified,   five  days'  notice  shall  be  sufficient. 

Orders  and  decisions — How  served.  §4835  (4283).  All 
orders  and  decisions  of  the  commission  affecting  any 
railroad  or  other  common  carrier  shall  be  certified  to  the 
railroad  or  other  carrier,  or  to  some  officer,  agent  or 
employe,  and  served  or  executed  In  the  same  manner  as 
notices  to  them  are  required  to  be  served  or  executed. 

Findings  in  writing — Proof  of — Effect  of.  §4836  (4284). 
All  findings  of  the  commission  and  the  determination  of 
every  matter  by  it  shall  be  made  in  writing  and  placed 
upon  Its  minutes,  and  proof  thereof  shall  be  made  by  a, 
copy  of  the  same  duly  certified  by  '.he  secretary  under 
the  seal  of  the  commission,  and  whenever  any  matter 
has  been  determined  by  the  commission.  In  the  course  of 
any  proceeding  before  it,  the  fact  of  such  determlnatlcm, 
duly  certified,  shall  be  received  in  all  courts  and  3y 
every  officer  in  civil  cases  as  prima  facie  evidence  tl  at 
such  determination  wa^  right  and  proper;  and  ttie 
record  of  the  proceeding  of  the  commission  shall  be 
deemed  a  public  record,  and  shall,  at  all  seasonaM« 
times,   be   subject   to   the   inspection  of   the   public. 

Process  for  witnesses — Penalty  for  failure  to  testify,  ( 'c. 
I  4837  (4285).  In  any  matter  or  Inquiry  pending  before  the 
commission,  or  any  member  thereof,  subpoenas  for  w  it- 
nesses,  and  subpoenas  duces  tecum,  may  be  issued  ly 
the  secretary,  under  seal,  or  by  any  member  with*  ut 
the  seal,  and  shall  be  executed  and  returned  by  a  ly 
sheriff,  constable  or  marshal,  under  the  like  penalt  eg 
of  law  for  failure  to  execute  and  return  the  process  of 
the  Circuit  Court;  and  If  any  person  duly  summoned 
to  appear  and  testify  before  the  commission,  or  bef(  re 
any  one  or  more  of  the  commissioners,  shall  tail  or 
refuse  to  appear  and  testify,  or  to  bring  and  produ  e, 
as  commanded,  any  book,  paper  or  document,  with(  ut 
a  lawful  excuse,  or  shall  refuse  to  answer  any  proi  er 
question  propounded  to  him  by  the  commission  or  a  ly 
of  the  commissioners;  or,  if  any  person  shall  obstr  ct 
the  commission,  or  one  or  more  of  the  commissioners  in 
the  discharge  of  duty,  or  shall  conduct  himself  in  a  ru  le, 
disrespectful  or  disorderly  manner  before  the  commiss  on 
deliberating  in  the  discharge  of  duty,  such  witness  or 
person  shall  be  guilty  of  a  misdemeanor,  and,  upon  c  m- 
viction,  shall  be  fined  not  less  than  $50  nor  more  tl  an 
$1,000. 

Applications  to  the  courts  for  aid.  §4838  (4286).  "■.  h« 
commission  may  apply  to  the  Circuit  or  Chancery  Coi  rt, 
by  proper  proceeding,  for  aid  in  the  enforcement  ol 
obedience  to  its  process,  and  to  compel  compliance  ■«  ith 
the  law  and  its  lawful  orders,  decisions  and  detcrmi  na- 
tions ;  and  said  courts  shall  have  jurisdiction  to  gr  int 
aid  and  relief  In  such  cases,  subject  to  the  right  ol 
appeal  to  the  Supreme  Court  by  the  party  aggrie\ed. 
The  attorney-general,  or  district  attorney  in  his  district, 
shall  Institute  such  proceedings  In  the  name  of  the 
commission. 

Railroads  are  puilic  highways — Not  allowed  to  disci  im 
inate— Extortion  defined.  §4839  (4287).  The  track  ol 
every  railroad,  which  carries  persons  or  property  foi 
hire,  is  a  public  highway,  over  which  all  persons  have 
equal  rights  of  transportation  for  themselves  and  theli 
property,  and  for  passengers,  freight  and  cars,  on  th« 
payment  of  reasonable  compensation  to  the  railroad  foi 
such  transportation;  and,  if  any  railroad  corporation,  oi 
person  managing  a  railroad,  shall  demand  and  recciv* 
unreasonable  compensation  for  the  service  rendered  li 
the  transportation  of  passengers  or  freight,  or  more  thai 
allowed  by  the  tariff  of  rates  fixed  by  the  commlsBion 
or  by  such  person  or  corporation  with  its  approval,  oi 
more  than  the  rate  specified  in  a  bill  of  lading  issued  bj 
authority  of  the  railroad;  or,  if  any  railroad  shall,  foi 
its  advantage,  or  for  the  advantage  of  a  connecting  line 
or  for  that  of  any  person,  locality  or  corporation.  niak« 
any  discrimination  in  transportation  against  any  person 


Public  Service  Laws 


757 


locality  or  corporation,  unless  authorized  by  the  com- 
mission; or,  if  any  railroad  company  shall  charge  more 
for  a  short  haul  than  for  a  long  one,  under  substantially 
similar  circumstances  and  conditions,  without  the  sanc- 
tion 9f  the  commission,  such  person  or  corporation,  in 
either  case,  shall  be  guilty  of  extortion,  and  may  be 
punished  therefor  criminally,   besides   being  liable   civilly. 

Damages  recoverable.  §4840(4288).  The  party  injured 
may  recover  of  the  person  or  corporation  guilty  of  ex- 
tortion twice  the  amount  of  damages  sustained  by  the 
overcharge  or  discrimination,   as  the   case  may  be. 

Punishment  for  extortion.  4841  (4289).  Any  railroad 
which  shall  commit  extortion,  in  rates  or  by  discrimina- 
tion, as  defined  herein,  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  punished  by  a  fine  of  not 
less  than  $100;  but  the  railroad  cannot  be  punished 
criminally  if  its  tariff  of  charges  shall  have  been  ap- 
proved by  the  commission,  and  if  the  charge  complained 
of  be  not  variant  from  that  allowed  thereby. 

Tariffs  submitted  —  Commission  to  fix  rates.  §4842 
(4290).  It  is  the  duty  of  every  railroad  or  other  common 
carrier  to  furnish  to  the  commission  its  tariff  of  charges 
for  transporting  passengers  and  freight  from  point  to 
point  within,  and  from  points  without  to  points  within, 
and  from  points  within  to  points  without  the  State, 
and  including  all  joint  tariffs  with  connecting  lines;  and 
the  commission  shall  revise  such  of  said  tariffs  as  are 
not  subject  to  the  exclusive  regulation  of  congress, 
and  determine  whether  or  not,  and  in  what  particular, 
any  of  the  charges  are  more  than  reasonable  compensa- 
tion for  the  services  to  be  rendered,  and  whether  or  not 
discrimination  be  made  improperly  against  any  person, 
corporation  or  locality;  and  it  shall  require  the  proper 
corrections  to  be  made;  and,  when  the  tariffs  have 
been  corrected,  the  commission  shall  append  to  each  Its 
certificate  of  approval,  and  the  commission  shall  fix  and 
regulate  tariffs  of  charges  for  alj  railroads  or  other 
common  carriers  which  fail  to  furnish  their  tariffs  as 
required.  In  revising,  fixing  and  regulating  charges  for 
transportation,  the  commission  shall  take  into  con- 
sideration the  character  and  nature  of  the  service  to 
ie  rendered  and  the  entire  business  of  the  railroad  or 
other  common  carrier  and  Its  earnings  from  all  kinds 
of  traffic,  and  shall  so  revise,  fix  and  regulate  the  charges 
as  to  allow  reasonable  compensation  for  the  services 
to  be  rendered.  It  shall  exercise  a  watchful  and  careful 
supervision  over  the  tariffs  of  charges  of  every  railroad 
and  other  common  carrier,  and  shall  revise  the  same 
from  time  to  time,  as  justice  to  the  public  and  the  rail- 
!road  and  other  common  carriers  may  require;  and  shall 
jincrease  or  reduce  any  of  the  rates  as  experience  and 
{business  operations  show  to  be  just.  In  fixing  joint 
tariffs  of  rates  for  connecting  lines,  the  commission 
Ishall  determine  the  proportion  to  be  charged  by  each  of 
'the  railroads  or  other  common  carriers.  The  commis- 
jsion  shall  regulate  and  fix  the  rates  to  be  charged  on 
,short  hauls  in  excess  of  what  may  be  charged  on  long 
]auls;  and  it  shall  determine  in  all  cases  whether  the 
Mrcumstances  and  conditions  be  or  be  not  substantially 
iiiullar.  But  all  rates  fixed  or  revised  by  the  com- 
jmiBsion  on  the  interstate  trafllc  of  interstate  lines  shall 
pe  advisory  only  as  to  them. 

j     Charges   of  all  carriers  fixed — Supervision   of.     §  4843 

;4291)    The   railroad   commission   may   fix   the   charges   of 

jind    shall    supervise    and    regulate    all    persons,    natural 

i)r  artificial,  who  may  own  or  operate  express,  telegraph, 

;elephone   and   sleeping   car   companies,   car   service   asso- 

i'iations,    or    other    associations    governing    or   controlling 

;ars   or    rolling   stock   of    railroads    in    this    State    in    the 

iame   manner  as    railroads;    and   it   is    the    duty   of  each 

lerson,    natural    or    artificial,    owning    or    operating    such 

express,   telegraph,   telephone    and    sleeping  car   company 

0    have    and    maintain    fixed    rates    for    doing    business, 

vhich     shall,     without    discrimination     between     persons, 

•orporations    or    localities,    be    applicable,    under    similar 

circumstances    to    all     persons     alike;     to     submit    their 

ariff   of   charges   of   such   companies    to    the    commission 

or  approval,  and  to  comply  with  the  orders  and   regula- 

ions  of  the   commission   made   in   supervising  their  com- 

lanies,   in   like   manner  and  under  like   penalties   against 

heir   companies,   their   oflScers   and   employes,    as    is   pro- 

lided  in  the  case  of  railroads;   and  the  persons,  whether 

:  fatural    or    artificial,    owning    or    operating    such    com- 


panies, shall  be  liable  civilly  and  criminally  for  extor- 
tion in  the  same  manner  as  railroads. 

Rebates  and  free  passes  unlawful.  §4844  (4292).  It  Is 
unlawful  for  any  railroad  to  make  or  allow  any  rebate 
or  reduction  from  the  tariffs  of  charges  fixed  or  approved 
by  the  commission  in  favor  of  any  person,  place  or  cor- 
poration, by  a  change  in  or  deviation  from  the  rates  so 
fixed  or  approved,  unless  such  change  or  deviation  be 
first  allowed  by  the  commission;  and  it  is  unlawful  for 
any  railroad  to  grant  free  passes  or  tickets,  or  passes 
or  tickets  at  reduced  rates  to  any  person,  or  to  trans- 
port, or  suffer  any  person  to  be  transported  free  of 
charge  or  at  reduced  rates  not  applicable  to  all  persons 
alike;  but  this  shall  not  prevent  the  transportation  free 
of  charge,  or  at  reduced  rates,  of  persons  and  freight  for 
a  scientific,  religious  or  benevolent  purpose,  or  for  an 
industrial  exhibition,  fair  or  association  of  a  public 
nature,  nor  such  transportation  of  immigrants,  persons 
traveling  with  a  view  of  locating  immigrants  and  indi- 
gent and  unfortunate  persons;  nor  shall  it  prevent  the 
sale  and  issuance  of  mileage,  excursion  and  commuta- 
tion tickets,  nor  the  free  carriage  of  the  railroad's  own 
officers  and  of  persons  bona  fide  in  its  employment  at 
a  salary  or  regular  compensation,  nor  the  exchange  of 
passes  or  tickets  with  other  railroads  for  their  officers 
and  employes,  nor  its  free  carriage  of  the  class  of  per- 
sons known  as  railroad  employes,  of  persons  injured  in 
railroad  accidents,  and  of  the  physicians  and  nurses 
attendant  upon  injured  persons;  nor  the  carriage  free  or 
at  reduced  rates  of  the  members  of  the  families  of 
officers  and  employes  of  the  railroad.  However,  these 
exceptions  are  allowed  on  the  condition  that  the  railroad 
shall  report  annually  to  the  commission  all  free  passes 
granted,  by  whom  and  for  what  reason   granted. 

Punishment  for  making  rebates  and  granting  free  trans- 
portation contrary  to  law.  §4845  (4293).  If  any  railroad 
shall  make  any  rebate,  deduction,  or  allowance  In 
freight  or  passenger  rates  from  the  rates  approved  or 
fixed  by  the  commission,  without  its  consent  first  had, 
or  shall  give  to  any  person  a  free  pass  or  ticket,  or  trans- 
port him  free  of  charge  contrary  to  law,  or  shall  fail 
to  make  due  report  of  free  passes  granted,  such  rail- 
road shall,  in  either  case,  be  guilty  of  a  misdemeanor, 
and  on  conviction,  shall  be  fined  not  less  than  flOO. 

Tariffs  and  notices  to  be  posted  up.  §  4846  (4294).  The 
commission  shall  prescribe  the  manner  and  designate 
the  place  of  posting  the  tariffs  of  charges;  and  every 
railroad  shall  post,  within  10  days  after  approval,  and 
keep  posted  in  the  manner  and  at  the  place  designated 
by  the  commission,  at  each  of  its  depots,  its  tariffs 
of  charges  for  the  transportation  of  passengers  and 
freight,  including  joint  tariffs  with  all  connecting  lines, 
if  so  ordered,  together  with  the  commission's  certificate 
of  approval  and  of  classification  notices  and  orders 
promulgated  by  the  commission  and  directed  to  be 
posted. 

Penalty  for  defacing  posted  matter,  etc.  §4847  (4295). 
Any  person  who  shall  tear  down,  deface  or  mutilate 
the  tariffs  of  charges  for  transportation  of  freight  or 
passengers,  classifications,  circulars,  rules  and  regulations 
posted  by  any  railroad  in  compliance  with  law,  or  the 
rules  and  regulations  of  the  commission,  or  who  shall 
erase  or  alter,  without  proper  authority,  the  marks 
on  the  bulletin-board,  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  punished  by  a  fine  not 
exceeding  $50  or  imprisonment  in  the  county  jail 
not  exceeding  30  days. 

Information  and  copies  of  contracts  furnished.  §  4848 
(4296).  The  commission  shall  demand  and  require  all 
proper  information  from  railroads,  express,  telegraph, 
telephone,  and  sleeping-car  companies  to  enable  its 
members  to  intelligently  discharge  their  duties;  and  to 
require  the  same  of  all  steamboats  and  other  carriers, 
for  statistical  purposes.  They  shall  furnish  the  com- 
mission with  all  information  required  relating  to  the 
business  of  each,  and  the  management,  income,  re- 
ceipts, expenses,  and  expenditures  thereof  and  with 
copies  of  all  leases,  contracts  and  agreements  for  trans- 
portation with  each  other. 

Complaints  of  schedules  and  tariffs — What  to  contain — 
Notice — Hearing  and  determination.  §4849  (4297).  The 
commission    shall   docket,   hear    and   determine    all   com- 


758 


National  Association  of  Eailway  Commissioners 


plaints  made  of  any  time  scliedule,  or  of  the  tariff  of 
rates,  joint  or  several,  made  by  any  railroad,  or  fixed 
or  approved  by  the  commission,  on  the  ground  that 
the  same,  in  any  respect,  is,  in  the  case  of  time  sched- 
ule, unnecessarily  inconvenient  for  the  public,  or,  in  the 
case  of  a  tariff  of  rates,  that  the  charges  are  for  more 
than  just  compensation,  or  that  such  charges,  or  any 
of  them,  amount  to,  or  operate  so  as  to  effect  unjust 
discrimination.  The  complaint  must  be  in  writing,  and 
specify  the  grounds  of  complaint  or  the  items  in  the 
tariff  against  which  complaint  is  made;  and  if  it 
appear  to  the  commission  that  the  matter  ought  to  be 
Investigated,  the  commission  shall  forthwith  furnish  to 
the  railroad  a  copy  of  the  complaint,  together  with 
notice  of  the  time  and  place  of  hearing;  and  at  the 
time  and  place  named,  the  commission  shall  hear  the 
parties  to  the  controversy,  in  person  or  by  counsel,  or 
both,  and  such  evidence  as  may  be  offered,  oral  or  in 
writing,  and  may  examine  witnesses  on  oath,  conforming 
the  mode  of  proceedings,  as  nearly  as  may  be  convenient, 
to  that  pursed  by  arbitrators,  giving  such"  time  and  lati- 
tude to  each  side,  and  regulating  the  opening  and  clos- 
ing of  any  argument  as  the  commission  may  consider 
best  adapted  to  arrive  at  the  truth;  and  when  the  hear- 
ing is  concluded,  the  commission  shall  give  notice 
of  any  change  deemed  proper  by  it  to  be  made  to  the 
railroad,   and   require   compliance  with  its  order. 

Gars  delivered  to  connecting  lines.  §  4850  (4298).  Every 
railroad  is  required,  at  its  termini,  and  at  other  conven- 
ient intermediate  points,  to  switch  off  and  deliver  to  a 
connecting  line  having  the  same  gauge,  all  cars  passing 
over  its  line,  or  any  part  thereof,  and  containing  freight 
consigned  to  any  point  along  or  beyond  such  connecting 
line;  and  any  falure  to  do  so  with  reasonable  diligence 
according  to  the  route  by  which  such  freight  is  con- 
signed, shall  be  deemed  and  taken  as  a  conversion  in 
law  of  such  freight,  and  shall  give  a  right  of  action  to 
the  carrier,  owner  or  consignee  for  the  value  of  the 
same  with  interest,  and  not  less  than  10  per  centum 
nor  more  than  25  per  centum  for  expenses  and  damages. 
And  the  commission  may  make  all  proper  orders  to  en- 
force  this   section   and   exact   compliance   with   it. 

Bill  of  lading  conclusive  of  receipt  of  goods.  §  4851 
(4299).  Every  bill  of  lading  or  other  Instrument  In  the 
nature  or  stead  thereof  acknowledging  the  receipt  of 
property  for  transportation,  shall  be  conclusive  evidence 
in  the  hands  of  a  bona  fide  holder  for  value,  whether  by 
assignment,  pledge  or  otherwise,  as  against  the  person 
or  corporation  issuing  the  same,  that  the  property  had 
been  so  received. 

Bank  to  retain  money  collected  on  Mil  of  lading.  §  4852. 
(4300).  A  bank  or  other  person  collecting  a  draft  with  a 
bill  of  lading  attached,  shall  retain  the  money  so  collected 
for  the  space  of  96  hours  after  the  delivery  of  the  bill 
of  lading. 

Liability  of  the  last  of  several  carriers.  §  4853  (4301). 
If  a  common  carrier  receive  freight  for  further  trans- 
portation and  delivery  within  this  State  from  another  car- 
rier, on  any  contract,  express  or  implied,  for  continuous 
carriage,  and  it  arrive  at  the  place  of  delivery  in  a 
broken  or  damaged  condition,  or  some  parts  thereof 
be  lost  or  destroyed,  it  is  the  duty  of  the  last  carrier 
to  obtain  and  furnish  to  the  consignee  or  other  person 
Interested,  on  demand,  true  copies  of  all  notations,  ex- 
ceptions, records  and  memoranda  entered  on  the  books 
of  each  carrier  touching  the  receipt,  transfers,  and  hand- 
ling of  the  freight  while  in  transit;  and  if  such  last  car- 
rier shall  not  so  furnish  the  same  within  30  days  after 
demand,  it  shall  be  presumed  to  have  caused  sucb 
damage,  loss  or  destruction;  but  in  case  of  damage, 
loss  or  destruction  of  perishable  goods,  by  reason  of 
their  nature,  and  of  damage  not  discoverable  by  out- 
ward Inspection,  proof  thereof  shall  be  admlssable. 

Necessary  depots  to  ie  maintained.  §  4854  (4302).  Everv 
railroad  shall  establish  and  maintain  such  depots  as  shall 
be  reasonably  necessary  for  the  public  convenience,  and 
shall  stop  such  of  the  passenger  and  freight  trains  at  any 
depot  as  the  business  and  public  convenience  shall  require. 
And  every  railroad  shall  establish  and  maintain  a  depot 
within  the  corporate  limits  of  every  incorporated  city, 
town  or  village  through  which  said  railroad  passes; 
and  the  commission  may  cause  all  passenger  trains  to 
permit  passengers  to  get  on  and  off  in  a  city  at  any  place 


other  than  at  the  depot,  where  it  is  for  the  convenience 
of  the  traveling  public.  And  it  shall  be  unlawful  for  any 
railroad  to  abolish  or  disuse  any  depot  when  once  estab- 
lished, or  to  fail  to  keep  up  the  same  and  to  regularly 
stop  the  trains  thereat,  without  the  consent  of  the  com- 
mission. 

Regulations  for  passenger  depots.  §4855  (4303).  The 
commission  shall  establish  such  rules  and  regulations  for 
the  arrangement  and  management  of  passenger  depots 
as  will  secure  the  comfort  of  passengers,  and  it  shall 
cause  a  copy  thereof  to  be  posted  in  each  passenger 
depot  or  reception  room.  In  the  cities  of  3,000  or  more 
Inhabitants,  it  shall  cause  to  be  constructed  and  main- 
tain in  connection  with  the  reception  room  for  whites, 
two  closets  or  retiring  rooms  to  be  exclusively  used 
by  passengers  arriving  and  departing;  the  following 
notice  shall  be  painted  in  bold  letters  on  the  door 
of  one,  "closet,  white;  females  only,"  and  on  the  other, 
"closet,  white;  males  only,"  and  likewise  closets  shall 
be  provided  for  the  negroes  with  like  signs  painted  on 
the  doors,  substituting  "colored"  for  "white,"  and  It 
shall  see  that  the  closets  are  kept  clean  and  in  good 
sanitary    condition. 

The  same — Shall  provide  cuspidors.  |  4856.  The  com- 
mission shall  require  all  railroad  companies  to  furnish 
each  passenger  reception  room  and  passenger  coa:hes 
with  a  suitable  number  of  cuspidors,  and  to  post  a  notic* 
in  large  bold  type  in  a  conspicuous  place,  "$10  fine  for 
spitting  on  the  floor,"  and  any  passenger  spitting  on 
the  floor  of  any  such  waiting  room  or  coach  shal  be 
guilty  of  a  misdemeanor  and  may  be  arrested  by  any 
person  authorized  to  make  arrests,  and  taken  bttore 
any  mayor,  police  justice  or  justice  of  the  peace,  and, 
on  conviction,  fined  in  any  sum  not  exceeding  $10,  and 
on  failure  to  pay  the  fine  shall  be  dealt  with  as  in  ether 
cases   of   misdemeanors. 

Bulletin  boards.  §4857  (4304).  It  is  the  duty  of  e/erj 
railroad  to  keep  conspicuously  placed,  as  the  con  mis- 
sion shall  direct,  and  of  the  form  and  size  presci.bed 
by  it,  in  each  reception  room  or  depot  where  a  :ele 
graph  office  is  maintained,  a  bulletin  board,  w^icl 
shall  show  the  time  of  arrival  and  departure  of  trs  Ins; 
and  when  any  passenger  train  or  other  train  for  ti  ana 
porting  passengers  is  delayed,  notice  of  the  delay  lial 
be  made  on  the  bulletin  board,  as  soon  as  the  ( elaj 
is  ascertained,  for  the  information  of  passengers,  sta  ing 
as  near  as  can  be  ascertained,  the  extent  of  the  d(  lay; 
and  when  the  first  or  any  subsequently  noted  tim  ;  o: 
delay  shall  have  passed,  further  notice  of  the  delay  hal 
be  entered.  And  if  any  railroad  shall  fail  to  keep  thi 
bulletin  board  required,  and  of  the  form  and  size  pre 
scribed,  and  placed  as  directed,  or  shall  fail  to  lavi 
noted  thereon  the  facts  required,  such  railroads  ihal 
forfeit  the  sum  of  $50  for  each  failure,  to  be  recoi  ere( 
by  suit  to  be  Instituted  by  any  citizen  of  the  Sta;  e , 
Mississippi;  but  such  suits  must  be  brought  witWJ^ 
days   after  such  delinquency  or  failure.  j  | 

Commission  to  visit  stations,  etc.  §4858  (4305). 
commission  shall  from  time  to  time,  as  far  as  practicable 
visit  all  stations  on  the  various  lines  of  railroad,  am 
investigate  the  manner  in  which  bulletin  boards  ar 
posted  and  kept,  how  reception  rooms  are  arri:nge( 
and  kept,  how  rates  for  freight  and  passengers  ar 
posted,  and  such  other  things  as  it  may  deem  prop!r  ti 
investigate;  and  it  shall  take  notice  of  every  negle;t  o 
failure  by  a  railroad  company  to  comply  with  the  la\ 
and  the  rules,  orders  and  regulations  of  the  commii  sioii 
and  to  enforce  a  strict  observance  thereof.  It  shall  b' 
unlawful  for  the  railroad  commission  or  any  one  of  then 
to  give  notice  to  any  railroad  official  or  anyone  els' 
of  a  inirpose  at  any  given  day  or  date  to  make  exa  nina 
tion  of  any  railroad  as  above  required.  Further,  it  shal 
be  unlawful  for  the  commission  or  any  one  of  them  t 
travel  as  the  guest  of  any  railroad  official  on  a  privat 
car  on  a  tour  of  inspection. 

Passes— Hoto  furnished.  §4859(4319).  It  shall  be  th 
duty  of  all  railroads  in  this  State  to  furnish  annua 
passes  to  the  members  of  the  commission  to  'rave 
free  of  charge  while  on  trips  of  Inspection  or  on  othe 
railroad  business  pertaining  to  their  duties.  (See  §  1S73. 
Sufficient  passenger  cars  to  fie  provided.  §4860  (4306) 
Every   railroad   shall   furnish  a  sufficient  number  of  pai 


1   CI  CI 

IS. 

4 


Pqblio  Service  Laws 


759 


senger  cars  to  comfortably  accommodate  and  seat  its  pas- 
sengers; and  if  any  railroad  sliall  fail  to  do  so,  the 
commission  sliall-  entertain  the  petition  of  any  person 
cognizant  of  the  facts.  When  the  petition  is  filed,  the 
railroad  shall  be  duly  notified  thereof,  and,  after  invest- 
igating the  case,  the  commission  shall  make  and  certify 
to  the  railroad  such  orders  as  to  the  number  and 
character  of  passenger  coaches  necessary  for  the  public 
convenience  as  the  commission  shall  deem  proper;  and 
in  any  proceeding  concerning  the  matter,  such  order 
of  the  commission  shall  be  deemed  prima  facie  reasonable 
and  proper. 

Notice  of  accidents.  §4861(4307).  It  Is  the  duty  of  the 
conductor  and  engineer,  or  one  of  them,  of  any  railroad 
train  to  which  an  accident  has  happened,  attended 
with  delay  or  serious  personal  injury,  to  immediately 
telegraph  the  same  to  the  clerk  of  the  railroad  com- 
mission, at  the  capitol,  or,  it  there  be  not  a  telegraph 
office  where  such  accident  occurs,  as  soon  thereafter  as 
they  can  reach  such  office.  And  it  shall  be  the  duty  of 
the  sui)erintendent  of  every  railroad  whose  train  has 
suffered  any  such  accident,  within  five  days  thereafter, 
to  report  in  writing  to  the  railroad  commission  the  full 
particulars  thereof,  giving  the  names  of  the  persons 
killed  or  Injured,  if  known,  and  amount  and  character 
of  property  destroyed  together  with  the  cause  of  the 
accident.  It  is  the  duty  of  the  railroad  to  require  such 
duties  to  be  performed;  and  if  any  railroad  whose  train 
has  suffered  any  such  accident,  shall  fail  to  cause  its 
conductor,  engineer  and  superintendent  to  perform  such 
duties,  it  shall  forfeit  the  sum  of  $100,  to  be  recovered  by 
any  individual. 

Commissioners  to  visit  scene  of  accident.  §  4862  (4308). 
One  or  more  of  the  commissioners  shall  visit  promptly 
the  scene  of  every  accident  to  a  railroad  train  accom- 
panied by  death  or  serious  bodily  injury  to  a  human 
being,  and  inquire  into  the  facts  and  circumstances, 
and  make  a  proper  report  thereof,  to  be  recorded  in  the 
minutes  and  embraced  in  the  annual  report,  with  proper 
reference  to  the  report  of  the  superintendent. 

Location  of  station  houses.  §4863  (4309).  Where  the 
site  selected  by  the  railroad  officials  for  depot  building  or 
a  station  house,  erected  or  to  be  erected,  is  inconven- 
ient or  inaccessible,  the  commission  may  order  the 
erection  of  a  new  building  or  station  house,  and  desig- 
nate its  site  or  location;  but  every  depot  must  be  lo- 
cated with  due  regard  to  the  interest  of  the  railroad  and 
the  public  convenience. 

Union  passenger  depots.  §4864  (4310).  The  commis- 
sion, whenever  the  public  convenience  may  require  It, 
shall  cause  union  passenger  depots  and  transfer  stations 
to  be  erected,  and  may  designate  the  dimensions  and 
sites  thereof;  and  if  the  several  railroads  concerned 
cannot  agree  therein,  may  fix  the  proportion  to  be 
contributed   by  each. 

Insufficient  depot  facilities.  §4865  (4311).  The  com- 
mission may  require  every  railroad  to  provide  sufficient 
depot,  storage  and  platform  facilities;  and  shall  hear 
all  complaints  that  may  be  presented,  in  writing,  as  to 
insufficient  depot,  storage  or  platform  facilities  for  freight, 
and  shall  make  such  order  thereon  to  secure  the  same 
as  the  facts  and  the  public  convenience  may  warrant. 
'  To  inspect  depots — Reception  rooms.  §4866  (4312).  It 
It  the  duty  of  the  commissioners  to  inspect  the  depots 
of  all  railroad  from  time  to  time,  and  of  the  commission 
to  require  comfortable  and  suitable  reception  rooms  for 
passengers,  separate  for  the  races,  and,  if  it  deem  proper, 
for  the  sexes;  and  it  may  require  such  additions  to  or 
alterations  in  passenger  depots  or  station  houses  as  may 
be  necessary,  in  Us  judgment,  to  secure  ample,  com- 
fortable and  suitable  accommodations  for  all  passengers. 
And  any  railroad  failing  to  provide  such  reception  rooms, 
or  to  make  the  alterations  or  additions  required,  within 
the  time  prescribed  by  the  commission,  shall  forfeit 
the  sum  of  $50  for  each  day  of  such  failure. 

How  rooms  to  he  kept  open,  etc.  §4867  (4313).  Every 
railroad  shall  keep  rooms  open  for  the  reception  of  passen- 
gers at  all  passenger  stations  at  least  one  hour  before 
the  arrival,  and  one-half  hour  after  the  departure,  of 
passenger  trains;  and  all  reception  rooms  shall  be  made 
comfortable,  and  shall  be  kept  In  a  cleanly  and  decent 
condition,     and    properly    heated    when    necessary,    and 


properly  lighted  at  night.  The  agent  or  person  In 
charge  shall  preserve  order,  and.  If  necessary,  eject  any 
person   whose   conduct   is   boisterous   or   offensive. 

Gates  across  thoroughfares.  §4868  (4314).  It  Is  the 
duty  of  a  railroad  whose  track  crosses  a  thoroughfare, 
whenever  the  commission  shall  declare  the  safety  of  the 
public  require  it,  and  shall  so  order,  to  maintain  a 
gate  at  the  crossing  thereof,  and  to  close  it  during 
the  passage  of  Its  engines  and  cars,  and  only  for  a  suf- 
ficient length  of  time  for  that  purpose.  The  commission 
may  prescribe  the  material,  dimensions  and  mode  of 
operation  of  such  gates. 

Insecure  bridges  examined,  etc.  §  4869  (4315).  It  Is  the 
duty  of  the  commission,  upon  complaint  by  petition, 
or  whenever  they  may  have  knowledge  otherwise  of  any 
Insecure  bridge,  trestle,  tunnel  or  road-bed,  to  inspect 
the  same,  and,  if  necessary,  procure  the  services  of  a 
competent  engineer  to  examine  the  same;  and,  after 
giving  notice  to  the  railroad,  may  declare  such  bridge, 
trestle,  tunnel  or  roadbed  unsafe,  and  make  such  recom- 
mendations to  the  railroad  relative  thereto  as  it  may 
deen  proper;  and  after  such  bridge,  trestle,  tunnel  or 
roadbed  be  declared  to  be  In  the  judgment  of  the  com 
mission,  unsafe,  and  the  same  be  not  made  sate,  and 
any  accident  occur  arising  out  of  such  unsafe  condition, 
then  the  finding  of  the  commission  shall  be  prima  facie 
evidence  in  any  suit  for  damages  against  the  railroad 
of  culpable  negligence,  and  will  justify  punitive  damages. 
The  cost  of  examination  by  a  competent  engineer  shall 
be  paid  as  the  expenses  of  the  commission  are  paid 
after  the  allowance  of  the  same  by  the  commission. 

Inspection  of  roadbeds,  etc.  §4870  (4316).  The  com- 
mission, through  its  several  members,  shall  inspect 
every  railroad  whenever  It  shall  deem  the  same  neces- 
sary and  It  must  Inspect  all  the  railroads  once  In  each 
year,  and  the  results  must  be  entered  upon  the  minutes 
of  the  commission  and  embraced  In  its  reports,  and 
must  embrace  information  as  to  the  condition  of  the 
roadbed,  bridges,  trestles,  rolling  stock  and  depots, 
with  such  other  as  the  commission  may  deem  proper. 
Whenever  the  commission  shall  find  any  roadbed, 
trestle,  bridge,  tunnel,  switch  or  any  part  of  a  railroad 
track,  or  any  rolling  stock  in  actual  use,  in  an  unsafe 
condition,  it  shall  direct  the  railroad  company  to  make 
the    necessary   repairs. 

Automatic  couplers.  §4871  (4317).  The  railroad  com- 
mission shall  recommend  to  the  several  railroads  the 
adoption  of  uniform  automatic  car  couplers;  and  when 
any  such  appliances  shall  have  been  required  by  con- 
gress to  be  used  in  interstate  commerce,  the  com- 
mission is  authorized  to  require  railroads  In  this 
State  to  comply  with  the  requirements,  as  concerns 
domestic    commerce,    within    a   reasonable   time. 

Classification  of  freight.  §4872  (4318).  Every  railroad 
ought  to  use  the  same  classification  of  freight,  and,  as 
far  as  practicable  the  railroad  commission  shall  require 
them  to  do  so,  and  to  conform  the  classification  to  that 
In  use  in  interstate  commerce,  when  practicable. 

Free  transportation  of  commissioners.  §4873  (4319).. 
It  is  the  duty  of  all  railroads  to  transport  each  of  the 
commissioners,  when  traveling  on  official  business, 
free  of  charge,  and  to  afford  to  them  all  proper  facil- 
ities; and  also  to  trasport  each  of  them  and  the  sec- 
retary of  the  commission  free  of  charge  at  all  other  times 
when  traveling  in  the  discharge  of  any  duty  required  by 
law  or  enjoined  by  the  commission.  But  It  Is  unlawful 
for  the  commission  to  accept  free  transportation  except 
as  above  provided;  and  any  commissioner,  or  the  sec- 
retary of  the  commission,  if  he  accept  free  transporta- 
tion for  himself  or  anyone  else,  or  If  he  in  any  manner 
evade  the  payment  of  full  fare  for  transportation  on 
any  railroad  or  any  train,  except  when  traveling  on 
official  business  In  the  discharge  of  official  duty,  shall 
be  subject  to  the  punishment  prescribed  In  the  second 
section  of  this  chapter  (§4827).  And  any  railroad  com- 
pany granting  free  transportation  to,  or  knowingly  per- 
mitting a  commissioner  or  the  secretary  of  the  commis- 
sion, to  travel  on  its  train  without  paying  full  fare, 
except  when  on  official  business,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  fined  not  less 
than    $100;    and    every    railroad   shall   annually    reirort   to 


760  National  Association  of  Kailway  Commissioners 

the    commission    the    number    of    trips    and    of    miles    it  such  person  or  persons  shall  be  guilty  of  a  misdemeanor, 

transported   either   of   them   or   the   secretary   during   the  and,    upon    conviction,    shall,    for    each    offense,    be    fined 

preceding  year,  and  the  commission  shall  report  the  same  in    any    amount    not   exceeding   $1,000,   or   be    imprisoned 

to  the   legislature.      (§4859).  not  exceeding  three  months  or  both. 

Quarterly  returns.     §4874    (4320).     It  is  the   duty   of  bailroad  commissioners. 

every    railroad    to    make    quarterly    returns    to    the    com-  Salaries  of  three  commissioners  for  the  year  1910. $6,000 

mission,    within    40    days   after  the   end   of  each   quarter,  Salaries  of  three  commissioners  for  the  year  1911.   6,000 

of    all    receipts    and    expenditures    of    the    railroads,    and  Clerk  of  the  railroad  commission  for  1910 1,800 

embracing  such  other  proper  matters  as  the  commission  Clerk  of  the  railroad  commission  for  1911 1,800' 

shall  require.     The   returns   shall   be  according  to   forma  The  traveling  expenses  for  the  three  railroad  com- 
prescrlbed   by   the  commission.  missioners,   each,   to   be   paid   out   of   an   itemized 

,      ...__..„„.       ^.    .     ..^  account   filed    with   the   auditor   and   approved   by 

Annual  reports  of  railroad.     §4875    (4321)       It  is  the  ^^^    governor    for    1910    and    1911 200 

duty   of  every  railroad  to  make  a  report  to  the  commis-  expenses    for   clerical    assistance   to   the    sec- 

sion,  on  blanks  to  be  furnished  by  it,  up  to  and  including  commission  for  1910,   $300,  and  for 

the   thirtieth  day  of   June   of   each   year,   within   60   days  ^^^^  •'  j,q^ 

after    that    date,    and    to    report   therein    fully    as    to    all 

matters    required    by    the    commission.     The   report   shall  increase  of  salary. 

give    the    name    of    each    person    transported    free    of  gg  ^j  enacted  hy  the  legislature  of  the  State  of  Mississippi: 

charge    and    the    consideration    of    such    free    transporta-  y^  increase  salary  of  secretary  of  railroad  commission 

tion,  and  the  number  of  miles  traveled.  and  make  appropriation  therefor.    §  1.    That  the  additional 

.^^     .^  ,  ,         ^     „. „      S.67R    lAooo^       Tho  sum  of  $600  for  the  year  1908,  and  the  additional  sum  of 

Arnavtt  to  reports  and  returns.     §4876    (4322).     The  ^^^^^^^  ^^  ^^^  ^^^  ^^^^  .^  ^^^^^^  ^pp^„. 

annual   reports   and   quarterly   returns   shall   ^e   sworn  to  ^  ^  .^  ^^^  g^^^^  ^^^^^^^  ^„^  ^^l,^,. 

by  one  or  more  officers  of  the  rai  road  or  o    the  person  ^..^^    appropriated,    to    pay    the    increased    salary    of    the 

operating  it  who  has  knowledge  of  their  truth;    and  any  ggp^etary   or    clerk    of   the    railroad    commission,   said    in- 

person    knowingly    swearing   falsely    to   any   statement   in  ^^^^^^  ^^  ^  ^^  ^^^^  ^^^^  ^^  ^^^  ^j  tl^i^  ig^jg. 

any  of  said  annual  reports  or  quarterly  returns  shall  be  ^^^^^^  ^.^^^  ^^^  introduction  and  passage  of  the  general 

guilty  of  perjury.  appropriation   bill,    which    general    appropriation    provided 

Penalty  for  failure  to  make  reports  and  returns.    §4877  for   the   payment  of   $1,200   of   said   salary,   and   this   si:p- 

(4323).    If  any  railroad  shall  fail  or  refuse  to  make  any  plemental    sum    with    said    former    appropriation    agg -^ 

annual    report   or   quarterly   return    within    the   time    pre-  gating    $1,800    a    year    in    accordance    with    said    Act  jJ 

scribed    or    to   report   or  return   fully   in   the   manner   re-  creasing  said  salary. 

quired, '  it   shall   forfeit   the   sum   of    $50    for   each   day's  §  2.    That  this  Act  take  effect  and  be  in  force  from 

delay,   to   be   recovered   in  an   action   to   be   instituted   by  after  its  passage, 
the  commission.  Approved  March  19.  1908. 

Express,  telegraph,  telephone  and  sleeping  car  compa-  delivery  of  messages. 

nies  to  make  returns  and  reports.     §  4878   (4324).     Every  Be  it  enacted  iy  the  legislature  of  the  State  of  Mississipi^ 
express,  telegraph,  and  sleeping  car  company  doing  busi-  Telegraph  and  telephone  messages  to  6e  promptly  d  l 

ness  in  or  through  this  State  shall  make  the  like  returns  correctly  transmitted  and  delivered — Penalty.    §  1.    A  tee 

and    reports    as    are    required    of    railroads,    of    the    like  graph    or    telephone    company   shall    deliver   all   messajajj 

dates   and   within   time    prescribed   for   railroads,   and   on  addressed  to  a  person  residing  or  having  a  place  of  buT 

the   forms   prescribed  by  the   commission,  and   under   the  ness  in  any   city,  town  or  village  where  it  may  have 

like   penalty   on   their   several   parts   and   on   the   parts  of  office,   or   within  one   mile  of  its  office;    and  if  any  te ^ 

their    officers,    and    shall,    moreover,    by    any    failure    to  graph    or   telephone   company    shall   receive   any   messa^^ 

comply    with    the    law    and    the    reasonable    requirements  or    matter    for    transmission,    and    shall    fail,    neglect    ol 

of  the  railroad  commission,  forfeit  its  right  to  do  business  refuse,    without    good    and    sufficient   reason,    to    transr  ill 

in  this  State.  correctly   or   deliver   the   same   within   a   reasonable  tii  le 

to    the    person    addressed,    such    person,    or    the    pers  m 

The  commission  to  regulate  them.     §4879  (4325).    The  injured,   shall  be  entitled  to  recover  of  the  company  in 

railroad  commission  shall  require  all  the  necessary  infer-  default  the   sum   of   $25,   in   addition   to   the   damages  Ji; 

mation  from  such  companies,  and  shall  make  such  reason-  jjjj^  injury 

able    orders    for    their    supervision    and    regulation    from  "§2.    That  this  Act  shall  take  effect  and  be  In  force  f^ 

time   to   time   as   to   their   charges   and   otherwise   as   the  ^^g^  after  its  passage, 
public  interest  may  require.  Approved  March  20,  1908. 

Only  chartered  express  companies  to  do  business  of  com-  TP»ivRivrTssTm<r  of  mfssacfs 

mon  carriers  in  certain  cases,  etc.    4898.    On  and  after  the  transmission  of  messages 

first  day  of  October,   1906,  it  shall  be  unlawful  for  any  Be  it  enacted  by  the  legislature  of  the  State  of  Mtssissii 
person    or    persons,    whether    residents    or    non-residents  Telegraph  and  telephone  messages  to  be  speedily  trai 

of  this   State,  or  any  partnership,  association   or  society  mitted  between  offices  in  the  State.    §1.  That  a  telegrapB 

of  persons,  resident  or  non-resident  in  this  State,  except  or    telephone    company    shall    transmit    all    written    m!S- 

express    companies    duly   chartered   as    such   by   the   laws  sages   between    points   where   it   may   have   offices   witl  in 

of   this  State,  or  some  other  State  of  the  United  States,  the    State,    and    if    the    telegraph    or    telephone    company 

to    engage   in   the   business   of   a   common   carrier  by   ex-  shall  receive  any  message  or  matter  at  one  of  its  offl(  es 

press   over  or   upon   any   railroad   or  railroads   or  steam-  jn   this   State   for   transmission   to  a   person  addressed  at 

boat    within    this    State.      But    nothing    herein    contained  ^   point   where   it   has   an   office   in    the   State,   and   shall 

shall    apply    to    the    carrying    by    express    goods    shipped  fail,  neglect  or  refuse  without  good  and  sufficient  reason 

from    points    without    this    State    to    points    within    this  ^q  transmit   the  same  in   a  reasonable  time   to  the  off  ce 

State,  or  from  points  within  this  State  to  points  without  at    the    place   of    the    person    addressed,    such    person   or 

this  State,  or  through  or  across  this  State.  person   injured    shall   be  entitled   to   recover  of   the   ccm- 

„       ,,     .         .  ,  ,.  o  ,onn      T.  1  *  Panv  in   default   the   sum  of  $15,  in   addition  to  dama(;e"B 

Penalty  for  violation.    §  4899.    If  any  person  or  society  f„^  •         jj^j^^y.    But  this  section  shall  not  apply  to  offl.-es 

of   persons,   parnership  or   association  of   persons  or   any  ^^  telephone   and    telegraph   companies   in   towns   of   I'^ss 

agent  or   representative  of   such   person,   society,  partner-  t^an   1,000   inhabitants   where  the   telephone  or  telegraph 

ship    or   association    shall,    in    violation   of   the    preceding  companies   do  not  employ  and  control  the  operator, 
section,    engage    in   such    business   within   this    State,   or  |  2.    That  this  Act  take  effect  and  be  in  force  from  and 

shall   receive   for   transportation   by   express   or   transport  after  its  passage, 
or    carry    or    assist    in    such    transportation    or    delivery.  Approved  March  17,  1908. 


Public  Service  Laws 


761 


OVKliClIARGE  BY   EXPRESS   COMPAXIKS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Overcharges  prohibited.  §  1.  That  If  any  express  com- 
pany, through  any  agent  or  employe,  shall  demand  and 
receive  of  consignee  any  charge  or  part  of  a  charge 
which  has  been  prepaid,  or  a  greater  sum  than  the  com- 
pany has  agreed  to  perform  the  services  for,  or  more 
than  reasonable  compensation  for  any  service  rendered, 
the  consignee  or  person  paying  the  overcharge  shall 
be  entitled  to  recover  of  the  company  $25  in  addition 
to  damages  for  injury,  and  any  package  which  the  com- 
pany shall  receive  and  transport  marked  "paid"  or 
"pd,"  or  otherwise  so  marked  as  to  indicate  prepayment, 
shall  not  be  charged  for  at  a  point  of  delivery  under 
the  same  penalty. 

§  2.    That  this  Act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Adopted  March  21,  1908. 

SUPERVISION    OF    TELEGRAPH    AND    EXPRESS    COMPAXIKS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi : 
Telegraph  and  telephone  companies  to  maintain  offices 
for  transaction  of  business.  §  1.  That  every  telegraph  and 
express  company  shall  establish  and  maintain  offlces 
for  the  transaction  of  business  with  the  public  in  their 
respective  capacities  as  common  carriers,  at  each  city, 
town  and  village  convenient  to  its  route,  if,  in  the  opinion 
of  the  railroad  commission,  tlie  public  convenience  and 
necessities  require  it;  and  they  shall  not  discontinue 
an  otTice  once  established,  without  the  consent  of  the 
commission,  which  has  authority  to  require  such 
companies  to  establish  and  maintain  offices,  and  to 
require  telegraph  companies  to  keep  night  operators 
at  every  place  where,  in  Its  judgment,  the  business  and 
public   convenience  justify  and  require   it. 

§  2.       That  this  Act  take  effect  and  be  in  force  from 
after  its  passage. 

Approved  March  17,  1908. 

PENALTY    FOR    CARRIER'S    NEGLECT. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 

Penalty    on    common    carrier   for   failure    to    perform 
duties  required.    §  1.    That  if  any  railroad  or  other  common 

Approved  March  17,  1908. 
carrier  shall  violate  any  of  the  provisions  of  chapter 
139,  Mississippi  Code,  190G,  or  shall  fail  to  do  and  per- 
form any  duty  imposed  by  law,  or  shall  fail  to  comply 
with  any  lawful  order  of  the  railroad  commission  or  to 
conform  to  any  of  its  reasonable  rules  and  regulations, 
or  shall  demand  or  receive  a  greater  sum  for  the  trans- 
portation and  handling  of  any  passenger  or  freight 
than  authorized  by  law  or  the  commission,  it  shall  be 
liable  to  a  penalty  of  $500  for  every  such  failure  or 
evercharge  not  otherwise  punished,  to  be  recovered  by 
action  in  the  name  of  the  commission  in  any  county 
where  such  failure  may  occur  or  overcharge  be  made; 
such  action  shall  be  instituted  by  the  attorney-general 
or  the  district  attorney  in  his  district,  but  in  trials  of 
cases  brought  for  violation  of  any  tariff  of  charges 
fixed  by  the  commission,  it  may  be  shown  in  the  de- 
fense that  such  tariff  so  fixed  was  unreasonable  and  un- 
just to  the  carrier.  Provided  that  the  remedies  given 
by  this  chapter  against  railroads  and  other  common 
carriers  are  cumulative  to  those  now  existing  by  law. 
Street  railways  are  not  subject  to  the  provisions  of  this 
chapter. 

§  2.    That  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  17,  1908. 

INVESTIGATION   OF   CARRIERS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Railroad  comtnission  empowered  to  investigate  common 
carriers.  §  1.  That  it  is  the  duty  of  the  railroad  commis- 
sion to  call  for  information  from  railroads  and  other 
common  carriers  from  time  to  time,  and  to  make  investi- 
gation to  determine  whether  the  laws  are  being  complied 
with  on  their  several  parts;  and  it  it  its  duty  to  see 
that  all  the  laws,  civil  and  penal,  affecting  railroads  and 


other  common  carriers,  are  compiled  with,  and  to  pros- 
ecute  all    offenders. 

§  2.  That  this  Act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  17,  1908. 

COMMISSION   TO    VISIT  EACH    COUNTY. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Railroad  commissioner  required  to  visit  each  county 
once  a  year.  §  1.  That  one  or  more  of  the  commissioners, 
at  least  once  in  every  year,  shall  visit  each  county 
through  which  a  railroad  runs,  and  there  remain  at  least 
one  entire  day;  and  he  or  they  shall  inquire  into  all  vio- 
lations of  law  relating  to  common  carriers,  hear  all  com- 
plaints, may  summon  persons  to  give  evidence  thereof, 
and  shall  note  all  complaints  and  evidence  of  violations  of 
law,  and  thereafter  the  commission  shall  institute  pro- 
ceedings as  the  law  directs  for  such  violation.  At  such  vis- 
its the  commissioners  shall  inquire  into  the  needs  of  the 
community,  and  to  what  extent,  if  any,  it  is  discrim- 
inated against  in  freight,  passenger,  express  or  telegraph 
rates;  and  if  they  find  that  the  products  of  a  community 
are  unprofitable  to  the  producer  by  reason  of  excessive 
transportJiton  charges,  or  the  people  of  the  community 
otherwise  unjustly  discriminated  against,  the  commis- 
sion shall  take  such  action  as  is  authorized  by  law  to 
remedy  the  evil.  And  the  commission  shall  at  all  times 
exercise  its  power  in  the  direction  of  affording  cheap 
transportation  of  agricultural  products  raised  in  this 
State  to  other  parts  thereof  where  they  may  be  sold. 
The  commissioners  shall  give  10  days'  notice  of  their 
visits  required  by  this  section  to  the  public  in  this  com- 
munity to  be  visited. 

§  2.  That  this  Act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  17, '1908. 

BIENNIAL   REPORT. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Railroad  commission  to  report  every  two  years  to  legis- 
lature. §  1.  That  the  railroad  commission  shall  make  a 
report  every  two  years  to  the  legislature  of  all  its  acts 
and  doings  for  the  two  preceding  years,  ending  on  the 
prior  30th  day  of  September.  The  reports  shall  give 
all  necessary  and  proper  information  concerning  the 
operations  of  the  railroads  of  the  State  and  Its  trans- 
portation facilities,  and  embraces  such  suggestions  as 
t,he  commissioners  deem  proper. 

Salaries  and  expenses  of  commission — How  paid.  §  2. 
The  salaries  of  the  commissioners  and  the  secretary  of 
the  commission  and  all  expenditures  shall  be  paid  out 
of  the  appropriations  made  to  defray  the  expenses  of  the 
commission,  but  an  itemized  account  shall  be  kept  of  all 
expenditures  and  reported  to  the  legislature.  All  ex- 
penditures shall  be  certified  to  the  auditor  under  the 
seal  of  the  commission. 

§  3.    That  this  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 
Approved  March  17,  1908. 

WITNESSES    BEFORE   COMMISSION. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
M'itnesses  summoned  by  railroad  commission  to  receive 
same  pay  as  others.  §  1.  That  where  witnesses  are  sum- 
moned to  appear  before  the  railroad  commission,  they 
shall  be  entitled  to  the  same  per  diem  and  mileage  as 
witnesses  attending  the  Circuit  Court,  and  witnesses 
summoned  by  the  commission  on  its  behalf  shall  be  paid 
as  other  expenditures  of  the  commission,  upon  certificate 
of  the  commission  showing  the  amount  to  which  such 
witnesses  may  be  entitled;  and  witnesses  summoned 
tor  any  railroad  or  other  carrier  shall  be  paid  by  it. 

§  2.  That  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  17,  1908. 


Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi. 

Appeals  from  railroad  commission,  when  and  how  taken. 

§  1.    That  whenever  the  railroad  commission  shall  make  an 


762 


National  Association  of  Railway  Commissionees 


order,  the  validity  of  which  shall  be  disputed  upon  the 
ground  that  the  commission  was  without  power  to  make 
It,  or  whenever  the  commission  shall  refuse  to  make  an 
order  asked  for  upon  the  ground  that  it  was  without 
power  to  make  it,  any  person  feeling  aggrieved  by  the 
action  of  the  commission  may  appeal  therefrom  directly 
to  the  Supreme  Court.  Upon  such  appeal  the  Supreme 
Court  shall  decide  nothing  except  as  to  the  power  of  the 
commission  in  the  premises,  and  all  other  questions 
which  may  be  involved  shall  remain  unaffected  thereby. 
In  order  to  affect  such  appeal  bills  of  exception  may  be 
taken,  which  shall  be  signed  by  the  presiding  officer  of 
th«  commission,  and  it  need  only  to  contain  such  state- 
ments of  fact  as  may  be  neces.sary  to  present  for  the 
consideration  of  the  Supreme  Court  the  question  as  to 
the  power  of  the  commission  In   the   premises. 

§  2.  That  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved    March    17,    1908. 

KAILKOAD   DEFINED. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 

Laws  relative  to  railroad  commission  to  apply  to  car 
service  associations.  §  1.  That  the  term  "railroad"  includes 
and  applies  to  every  person,  firm,  association  of  persons 
and  company,  whether  incorporated  or  not,  who  or 
which  shall  own  or  operate  a  railroad  as  a  common 
carrier,  and  the  term  "company"  embraces  and  applies 
to  every  person,  firm,  association  of  persons  and  com- 
pany, whether  incorporated  or  not,  who  or  which  shall 
own  or  operate  a  telegraph  or  telephone  line,  or  do  an 
-express  or   sleeping  car  business. 

Car  service  associations  penalized  for  disobeying  orders. 
§  2.  All  laws  and  parts  of  laws  giving  authority  to  the 
railroad  commission  to  supervise  common  carriers  shall 
also  apply  to  car  service  associations,  or  other  associa- 
tions, governing  or  controlling  cars  or  rolling  stock  of 
railroads  at  whatever  places  thfey  do  business  in  this 
,  State,  and  the  same  i)enalties  fixed  by  law  for  dis- 
obeying the  mandates  or  orders  of  the  railroad  com- 
mission shall  apply  to  the  car  service  association,  as 
well  as  to  common  carriers. 

§  3.  That  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  17,  1908. 

SIDE  TRACKS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 

Commission  authorized  to  require  side  tracks,  switches, 
etc.,  to  be  built — Penalty  for  abandonment.  §  1.  That  upon 
application  to  it  for  that  purpose  the  railroad  commis- 
sion may  order  sidetracks,  spur  tracks,  loop  or  switch 
tracks  to  be  constructed  by  railroad  companies  so  as  to 
connect  their  main  line  with  manufacturing  or  other 
industrial  plants,  if  they  can  be  constructed  without 
causing  undue  hazard  to  the  property  or  trains  of  the 
railroad  company;  but  all  expenses  for  the  right  of  way, 
grading,  cross-ties,  rails,  spikes,  fastenings  and  switches 
required  shall  be  defrayed,  unless  otherwise  agreed  on, 
by  the  person,  company  or  corporation  applying  for  their 
construction. 

Not  to  be  abandoned  without  commission's  consent.  §  2. 
If  the  applicant  shall  comply  with  such  rules  and  regu- 
lations as  are  uniformly  in  force  by  the  railroad  company 
for  the  safe  operation  of  similar  tracks,  spur  tracks, 
loop  or  switch  tracks  situated  on  its  lines,  they  shall 
not,  after  having  been  constructed,  be  removed,  aban- 
doned or  destroyed  without  the  consent  of  the  commis- 
sion, given  after  10  days'  notice  of  the  application  to  It 
for  such  consent  to  the  party  or  parties  or  their  assigns 
upon  whose  application  they  were  required  to  be  con- 
structed. 

§  3.  That  this  Act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  17,  1908. 

bjvilboad  connections. 
Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Railroads  to  connect  tracks  and  transfer  cars.  §  1.  That 
the  railroad  commission  of  the  State  may  require  rail- 
roads of  the  same  gauge,  when  running  parallel  to  each 
other,  or  terminating  within  one  mile  of  each  other,  or 
when  running  parallel  in  such  a  manner  as  to  make  it 
convenient,  when  It  shall  appear  to  them  that  the  con- 


ins 

I 


venience  or  welfare  of  the  public  would  be  thereby 
subserved,  to  so  connect  their  tracks  that  cars  of  freight 
may  be  transferred  from  one  road  to  the  other.  Any 
railroad  company  refusing  or  neglecting  to  comply  with 
such  order  of  the  commission  may  be  fined  by  it  $100 
for  each  day's  delinquency. 

§  2.  That  this  Act  take  effect  and  be  in  force  from  and 
after  its  passage.  ^m 

Approved  March  21,  1908.  |H 

IXTERLOCKEBS,   ETC.  '^^ 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi', 
Railroads  allowed  to  maintain  speed  limit,  when.  §  1. 
That  where  the  main  track  of  two  or  more  railroads 
shall  cross  at  grade,  and  the  companies  owning  and 
operating  them  shall  establish  at  the  crossing  an  inter- 
locking, derail  or  other  safety  device,  the  commission, 
if  satisfied  that  it  is  sufficient  to  protect  persons  and 
property  from  danger  at  the  crossing,  may  authorize 
the  railroad  companies  to  run  their  trains  over  it  without 
stopping,  at  a  rate  of  speed  to  be  fixed  by  the  com- 
mission, and  in  such  event  the  companies  shall  not  be 
liable  to  any  penalty  for  failing  to  stop  their  trains 
before   running   them   over   the   crossing. 

§  2.    That  this  Act  take  effect  and  be  in  force  from  (, 
after  its  passage. 

Approved  March  17,  1908. 

OBSTRDCTION    OF    CROSSINGS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi 
Commission  empowered  to  prevent  switching  and  bio  "Ic- 
ing. §  1.  That  the  railroad  commission  may,  by  order  to 
that  effect,  prohibit  the  use  for  switching  purposes,  or 
for  standing  trains,  on  such  portions  of  the  tracks  ol  a 
railroad  company  over  or  upon  a  public  street  or  hi  ;h- 
way  in  any  municipality  which,  in  their  opinion,  sho  ild 
not  be  so  used.  It  may  also  limit  the  number  of  tra<  ks 
across  such  streets,  or  highways,  to  be  so  used.  End 
may  require  the  removal  or  readjustment  of  any  si  ch 
tracks,  which,  in  their  opinion,  should  be  removed  in 
order  to  secure  the  public  convenience  or  safety,  lor 
failure  to  comply  with  such  an  order  requiring  the  re- 
moval or  readjustment  of  tracks  within  90  days  af  er 
notice  thereof,  a  railroad  company  shall  forfeit  and  i  ay 
to  the  State  for  each  day's  default,  to  be  recovered  by 
the  commission  by  action  to  be  instituted  within  60  di  ya 
after  the  default  in  the  name  of  the  State,  of  wh  ch 
one-half  shall  be  paid  into  the  State  treasury,  and  he 
other  half  into  the  municipality  In  which  the  del 
occurred. 

§  2.    That  this  Act  take  effect  and  be  in  force  from 
after  its  passage. 

Approved  March  18,  1908. 

MILEAGE. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississifi 

Mileage  ticket  good  to  all  members  of  family.  §  1.  T  lat 
all  members  of  a  family,  consisting  of  father,  motl  er, 
sons  and  daughters,  shall  be  entitled  to  all  benefits  or 
privileges  to  mileage  sold  by  railroads  in  this  State,  as 
though  each  member  was  the  original  purchaser;  t  lat 
each  member  of  family,  as  described  above,  over  15  i  nd 
under  21  years  of  age,  shall  certify  to  ticket  as  row 
required  of  purchaser,  but  either  parent  may  certify  Cog: 
all   members   under   15   years  of  age. 

Fraudulent  use  of  mileage  forfeits  ticket.    §  2.    Thatt 
mileage   fraudulently   used   for   any   person   not  belong  ng 
to  family,   as  above  described,   shall  be  forfeited   to  nit 
road  issuing  same   without  recourse. 

Penalty  for  railroads  refusing  to  comply.   §  3.    That< 
railroad,     to    whom     this     mileage     applies,     refusing 
comply  with  this  Act,  shall  be  fined  not  more  than   |50 
nor  less  than  $25  for  each  and  every  offense. 

I  4.    That  this  Act  be  in  force  and  effect  from  and 
its  passage. 

Approved  March  20,  1908. 

BLACKLISTING. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Public  service  corporations  not  to  "blacklist"  emplo/ei. 
i  1.  That  It  shall  be  unlawful  for  any  telegraph  compsny, 
telephone  company,  telegraph  press  association,  railroad 
company  or  any  leased  wire  firm  or  private  individual 
doing  business  In  this  State,  and  employing  telegraphers 
for  the  purpose  of  transmitting  telegraph  dispatches  for 
the  general  public,  or  any   press   association  or   private 


rtor 

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1   150 

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Public  Service  Laws 


763 


business,  or  in  the  operation  of  any  railroad,  to  dis- 
criminate any  such  telegrapher  in  its  service  or  out  of 
Its  service,  or  to  blacklist  or  refuse  employment  to  any 
telegrapher  only  because  of  such  telegrapher's  affiliation 
with  or  membership  in  any  lawful  organization  or  trade 
or  labor  union  of  telegraphers. 

Exemplary  damages — Award  for  violation  of  this  law. 
§  2.  That  any  such  telegraph  or  telephone  company,  tele 
graph  press  association,  railroad  company  or  leased  wire 
firm  or  private  individual  violating  §  1  of  this  Act  shall 
be  liable  in  actual  and  exemplary  damages  to  the  person 
so   discriminated    against. 

Unlawful  to  conspire  secretly  to  defeat  this  prohibition. 
§  3.  That  it  shall  be  unlawful  for  any  two  or  more  such 
telegraph  or  telephone  companies,  telegraph  press  asso- 
ciations, railroad  companies  or  leased  wire  firms  or 
private  individuals,  doing  business  in  this  State  and 
employing  telegraphers,  to  conspire,  contract,  mutually 
agree  or  co-operate  to  discriminate  against,  blacklist  or 
refuse  employment  to  any  telegrapher  merely  on  account 
of  such  telegrapher's  affiliation  with  or  membership  In 
any  lawful  organization  or  trade  or  labor  union  of 
telegraphers. 

Penalty  for  violation.  §  4.  That  any  telegraph  or  tele- 
phone company,  telegraph  press  association,  railroad 
company  or  leased  wire  firm  or  private  individual  violat- 
ing §  ,3  of  this  Act  shall  be  jointly  and  severally  liable 
in  actual  and  exemplary  damages  to  the  party  so 
aggrieved. 

§  5.    That  this  Act  take  effect  from  and  after  Its  passage.,. 

Approved  March  7,  1908. 

ASSESSMENTS. 

Be  it  enacted  6j/  the  legislature  of  the  State  of  Mississippi: 

Detailed  assessment  of  all  railroad  property  to  be  made. 
§  1.  That  it  shall  be  the  duty  of  each  county  and  munici- 
pal assessor,  on  or  before  July  1  of  each  year,  to  submit 
to  the  railroad  commission  a  full  and  complete  itemized 
statement  showing  the  value  of  all  property,  real  and 
personal,  of  every  kind  and  description,  owned  or  used 
by  each  railroad,  telephone,  telegraph  or  other  public 
service  corporation  doing  business  in  their  cities  or 
counties. 

Railroad  commission  to  take  into  consideration  poles, 
wires,  etc.,  in  making  assessment.  §  2.  That  the  railroad 
commission  in  assessing  the  value  of  all  telephone  and 
telegraph  companies,  and  like  public  service  corpora- 
tions doing  business  in  this  State,  shall  base  the  valua- 
tion of  the  property  of  said  corporations,  not  only  on 
the  number  of  miles  of  poles  the  said  corporation  owns 
and  uses  in  the  State,  but  shall  also  take  into  considera- 
tion the  number  and  character  of  poles  of  all  descrip- 
tions, the  equipment  thereon,  and  also  the  number  and 
kinds  of  wire,  wires  or  cables  strung  along  and  used 
or  maintained  on  said  poles. 

Assessor's  valuation  to  be  accepted  if  correct.  §  3.  That 
the  railroad  commission  in  assessing  the  value  of  the 
property  of  said  public  service  corporations  shall  consult 
!  and  use  the  data  furnished  by  the  said  assessors,  and  If 
i  the  said  commission  is  satisfied  that  the  valuation  given 
by  the  assessor  is  correct,  the  said  railroad  commission 
shall  assess  said  public  service  corporations  at  the  said 
value. 

§  4.  That  this  Act  be  In  force  and  effect  from  and  after 
Its  passage. 

Approved  March  20,  1908. 

PILOT   LIGHTS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
To  prohibit  backing  of  engines  at  night  without  light 
and  pilot.  §  1.  That  it  shall  be  unlawful  for  any  person  or 
corporation  owning  or  operating  a  railroad  as  a  common 
carrier  of  passengers  and  freight  for  hire  in  the  State 
to  require  or  permit  a  locomotive  engine  to  be  backed 
on  his  or  its  line  of  railroad,  in  the  night  time,  unless  It 
Is  provided  and  equipped  with  a  pilot  and  headlight  on 
the  rear  of  its   tender. 

Not  to  apply  to  logging  railroads.  Provided,  however, 
that  the  provisions  of  this  Act  shall  not  apply  to  rail- 
roads whose  principal  business  is  hauling  logs,  nor  to 
locomotive  engines  running  for  coal  or  water,  doubling 
hills,  returning  from  trains  when  broken  in  two,  going 
to  or  returning  from  trains  in  the  yard  limits  of  terminal 


stations,  nor  to  engines  engaged  in  regular  switching 
service  in  the  yards,  or  road  engines  switching  at  Inter- 
mediate stations;  nor  to  any  locomotive  engines  in  cases 
of  washouts,  wrecks  or  when  going  to  the  assistance  of 
engines  so  disabled  as  to  block  the  main  track  of  a 
railroad. 

Penalty  for  violation  of  this  Act.  §  2.  Any  person  or 
corporation  violating  the  provisions  of  this  Act  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  $100  nor  more 
than  $1,000,  and  in  addition  thereto  any  person  giving 
an  order,  permitting  or  requiring  an  employe  of  any 
railroad  to  violate  the  provisions  of  this  Act  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  punished  by  imprisonment  in  the  county  jail  not  less 
than  10  nor  more  than  30  days. 

Damages  for  injuries  resulting  from  violation.  §  3.  Any 
person  or  corporation  operating  a  railroad  in  violation  of 
the  provisions  of  this  Act  shall  be  liable  for  injury  or 
damage  caused  to  any  person  by  reason  thereof,  not- 
withstanding the  negligence  of  the  party  injured  or 
damaged. 

§  4.  That  this  Act  take  effect  and  be  in  force  from 
and   after   its   passage. 

Approved  March  16,  1908. 

DEMUKRAGE. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi  • 
§  1.    That  §  4068  of  the  Code  of  1906  be  amended  so  as 
to  read  as  follows: 

Storage  charges  for  baggage — When  collectible — Bag- 
gage  of  passengers  to  be  received,  checked,  etc.  §  4068 
(3568).  It  shall  be  the  duty  of  every  railroad  company  to 
receive  any  trunk  or  baggage  which  the  regulations  of 
the  company  allow  to  be  transported  with  every  pas- 
senger, from  any  person,  upon  his  exhibiting  a  ticket 
over  the  road  of  the  company,  immediately  upon  re- 
ceiving the  trunk  or  baggage,  to  issue  to  the  owner  a 
check  for  the  same,  and,  upon  arrival  of  the  train  at 
the  station  to  which  any  trunk  or  baggage  is  checked,  to 
put  it  off  at  a  reasonably  convenient  place  to  be  pro- 
vided for  the  deposit  of  baggage;  and  it  is  the  duty  of 
the  railroad  company  to  safely  keep  the  trunk  or  bag- 
gage at  the  station  until  the  owner  thereof,  or  his  agent, 
shall  demand  the  same:  Provided,  that  after  four  days 
the  company  shall  have  the  right  to  charge  and  collect 
a   reasonable    storage    for   the   same. 

§  2.  That  this  Act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  21,  1908. 

CHAPTER  118,  CODE  OF  1906. 

Railroad  commission  may  fix  speed  limit  in  municipali- 
ties. §  4043  (3546).  (Laws  1896,  p.  76.)  Any  railroad  com- 
pany having  the  right  of  way  may  run  locomotives  and  cars 
by  steam  through  cities,  towns  and  villages,  at  the  rate  of  6 
milos  an  hour  and  no  more;  and  the  company  shall  be  liable 
lor  any  damages  or  injury  which  may  be  sustained  by  anyone 
from  such  locomotive  or  cars  whilst  they  are  running  at  a 
greater  speed  than  6  miles  an  hour  through  any  city, 
town  or  village.  The  railroad  commission  shall  have  power 
to  fix  and  prescribe  limits  in  cities,  towns  and  villages 
in  which  railroad  companies  may  run  locomotives  and  cars 
by  steam  at  a  greater  rate  than  6  miles  an  hour,  and  when- 
ever it  shall  have  fixed  and  prescribed  such  limits  in  any 
city,  town  or  village,  this  section  shall  not  thereafter  apply 
to  the  running  of  cars  and  locomotives  by  steam  within  the 
same. 

Freight  cars  not  to  be  placed  in  rear  of  passenger  cars. 
§  4044.  In  forming  a  passenger  train,  freight  or  merchan- 
dise or  lumber  cars  shall  not  be  placed  in  rear  of  pas- 
senger cars;  and  if  they,  or  any  of  them,  shall  be  so  placed 
and  any  accident  happens  to  life  or  limb,  the  officer  or 
agent  who  so  directed  or  knowingly  suffered  such  arrange- 
ment, and  the  conductor  and  engineer  of  the  train,  shall 
each  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  not  less  than  $50  nor  more  than  $500. 

Bell  and  whistle — When  to  give  alarm,  etc.  §  4045 
(3547).  Every  railroad  company  shall  cause  each  locomo 
tive  engine  run  by  It  to  be  provided  with  a  bell  of  at  least 
thirty  pounds  weight,  or  a  steam  whistle  which  can  be 
heard  distinctly  at  a  distance  of  300  yards,  and  shall  cause 
the  bell   to  be  rung  or  the  whistle  to  be  blown  at  the 


764 


National  Association  of  Railway  Commissioners 


distance  of  at  least  300  yards  from  the  place  where  the 
railroad  crosses  over  any  highway  or  street;  and  the  bell 
shall  be  kept  ringing,  or  the  whistle  shall  be  kept  blowing 
until  the  engine  has  stopped  or  crosses  the  highway  or 
street. 

Running,  flying,  walking,  or  kicking  switch.  §  4046 
(3548).  It  shall  not  be  lawful  for  any  railroad  company  or 
other  person  to  switch  a  railroad  car  in  the  manner  com- 
monly known  as  a  "flying,"  "running,"  "walking,"  or  "kick- 
ing" switch,  within  the  limits  of  a  municipality;  and.  In 
case  of  injury  resulting  to  any  person  or  property  from 
switching  in  violation  of  this  section,  the  railroad  com- 
pany shall  be  liable  in  damages,  without  regard  to  mere 
contributory  negligence  of  the  party  injured. 

Backing  into  or  along  a  passenger  depot.  §  4047  (3549). 
It  shall  be  unlawful  to  back  a  train  of  cars,  or  part  of  a 
train,  or  an  engine,  into  or  along  a  passenger  depot  at  a 
greater  rate  of  speed  than  3  miles  an  hour;  and  every 
such  train,  part  of  a  train,  or  engine  backing  into  or  along 
a  passenger  depot,  and  within  50  feet  thereof,  shall,  for 
at  least  300  feet  before  it  reaches  or  comes  opposite  to  such 
depot,  be  preceded  by  a  servant  of  the  railroad  company 
on  foot,  not  exceeding  forty  nor  under  twenty  feet  in  ad 
vance,  to  give  warning.  For  every  injury  inflicted  by  a 
railroad  company  while  violating  this  section,  the  party 
injured  may  recover  full  damages  without  regard  to  mere 
contributory  negligence. 

To  stop  all  passenger  trains,  if,  etc.,  at  county  seats. 
i  4048  (3550).  Every  railroad  shall  cause  each  and  all 
of  its  passenger  trains  to  stop  for  passengers  at  all  county 
seats  at  which  it  has  a  depot. 

Not  to  ohstruct  highways.  §  4049.  (3551).  Every  rail- 
road company,  upon  stopping  any  train  at  a  place  where 
such  railroad  shall  cross  a  highway,  shall  so  uncouple  its 
cars  as  not  to  obstruct  travel  upon  such  highway  for  a 
longer  period  than  flve  minutes;  and  it  shall,  upon  stopping 
a  train  at  a  place  where  the  railroad  is  crossed  by  a  street, 
60  uncouple  the  cars  as  not  to  obstruct  travel  thereon  for  a 
longer  period  than  shall  be  prescribed  by  ordinance  of  the 
city,  town  or  village.  A  failure  to  observe  this  or  either  of 
the  four  last  preceding  sections  shall  cause  a  railroad  com- 
pany to  be  held  liable  to  a  fine  of  $50  for  each  offense. 
The  conductor  in  charge  of  any  train  so  violating  the  pro- 
visions of  this  section  shall  be  liable  to  a  fine  of  not  less 
than  $25  nor  more  than  $50  on  conviction  thereof. 

"Look  out  for  the  locomotive" — "Railroad,  crossing." 
i  4050  (3552).  Every  railroad  company  shall  cause  a  board 
to  be  erected  and  kept  up,  upon  a  post  or  frame  sufficiently 
high,  at  every  place  where  the  railroad  may  cross  a  high- 
way, with  this  inscription:  "Look  out  for  the  locomotive," 
or  this,  "Railroad  crossing."  And  on  failure  to  observe  this 
section,  such  company  shall  be  liable  to  a  fine  of  $50 
for  each  failure,  and  such  offense  shall  be  cognizable  be- 
fore any  justice  of  the  peace  of  the  county.  A  failure  to 
erect  the  board,  as  directed,  shall  be  deemed  to  have  oc- 
curred once  every  day  the  company  may  continue  so  to  fail 
or  neglect  to  have  the  same  set  up,  after  two  days'  notice 
to  an  agent  or  section  master  and  the  company  shall  be 
liable  to  any  party  injured  by  such  failure  or  neglect  for 
all  damages  that  he  may  have  sustained  thereby. 

Warning  strings.  §  4051  (3553.)  At  each  point  where 
a  railroad  track  passes  under  a  bridge  or  other  overhang- 
ing object  which  has  not  at  least  a  clear  height  of  23  feet 
between  the  low  cord  of  the  bridge  or  other  overhanging 
object  and  the  top  of  the  rail,  the  railroad  company  shall 
erect,  or  cause  to  be  placed,  at  a  distance  of  not  less  than 
100  feet,  nor  more  than  250  feet,  from  the  bridge  or  other 
overhanging  object,  and  on  both  sides  thereof,  the  con- 
trivance usually  called  "warning  strings,"  to  be  constructed 
by  stretching  a  wire  or  rope  across  the  track  at  least  4 
feet  higher  than  the  lowest  projection  of  the  bridge  or  other 
overhanging  object,  and  suspending  therefrom,  over  the 
track  and  for  two  feet  on  either  side  thereof,  loose  strings 
or  ropes,  to  extend  down  at  least  one  foot  lower  than  the 
lowest  projection  of  the  bridge  or  other  overhanging  object, 
and  to  be  not  more  than  3  inches  apart,  so  as  to  warn 
brakemen  and  others  on  top  of  the  cars  if  they  be  in 
danger  from  the  bridge  or  other  overhanging  object.  For 
a  failure  to.  comply  with  this  section  the  railroad  company 
shall  be  liable  for  any  Injury  or  death  caused  by  the  bridge 
or  other  overhanging  object,  notwithstanding  the  contribu- 
tory negligence  of  the  person  injured  or  killed,  and  shall 
also  be  liable  to  a  penalty  of  $100  a  month  for  each  bridge 


or  other  overhanging  object  not  so  provided,  to  be  recovered 
by  the  county  at  the  suit  of  any  person  who  will  sue  for 

the  same. 

Inclosures  around  depots.  |  4052  (3554).  A  railroad 
company  may  erect  an  inclosure  around  a  depot,  where  the 
public  safety  requires  it,  to  prevent  persons  other  than 
travelers  from  coming  near  the  locomotive  and  cars,  and 
may  exclude  from  within  such  inclosure  all  persons  except 
passengers. 

Highway  crossings  and  bridges.  |  4053  (3555).  Where 
a  railroad  is  constructed  so  as  to  cross  a  highway,  and  It 
be  necessary  to  raise  or  lower  the  highway,  it  shall  be  the 
duty  of  the  railroad  company  to  make  proper  and  easy 
grades  in  the  highway,  .so  that  the  railroad  may  be  con- 
veniently crossed,  and  to  keep  such  crossings  in  good 
order;  and  it  shall  be  the  duty  of  the  company  to  erect 
and  keep  in  order  all  bridges  on  any  highway,  at  such 
points  as  bridges  may  be  necessary  to  cross  the  railroad; 
and  any  company  which  shall  fail  to  comply  with  these 
provisions  shall  forfeit  the  sum  of  $100,  to  be  recovered 
by  action  in  the  name  of  the  county  in  which  the  crossing 
or  bridge  is  situated. 

Not  to  collect  extra  fare,  etc.  §4055  (3558).  It  is  un- 
lawful for  a  railroad  company  to  collect  more  than  the 
regular  fare  charged  for  a  ticket  between  the  same  polnta 
from  a  passenger  who  boards  the  train  at  a  depot  or  otlier 
place  at  which  the  company  does  not  offer  tickets  for  sile. 

Fellow  servant  rule — Assumption  of  risk.  §  4056  (35? 9). 
Every  employe  of  a  railroad  corporation  shall  have  the 
same  rights  and  remedies  for  an  injury  suffered  by  1  Im 
.  from  the  act  or  omission  of  the  corporation  or  Its  •  -m- 
ployes  as  are  allowed  by  law  to  other  persons  not  i  m- 
ployes,  where  the  injury  results  from  the  negligence  ct  « 
superior  agent  of  officer,  or  of  a  person  having  the  ri  ;ht 
to  control  or  direct  the  services  of  the  party  injured,  i  nd 
also  when  the  injury  results  from  the  negligence  of  a  fel  ow 
servant  engaged  in  another  department  of  labor  from  t  lat 
of  the  party  injured,  or  of  a  fellow  servant  on  another  tr  iln 
of  cars,  or  one  engaged  about  a  different  piece  of  wcrk. 
Knowledge  by  an  employe  injured  of  the  defective  or  m- 
safe  character  or  condition  of  any  machinery,  ways,  or  ap- 
pliances, or  of  the  improper  loading  of  cars,  shall  not  be 
a  defense  to  an  action  for  injury  caused  thereby,  except  as 
to  conductors  or  engineers  In  charge  of  dangerous  or  uns  ife 
cars  or  engines  voluntarily  operated  by  them.  When  de  th 
ensues  from  an  injury  to  an  employe  an  action  may  be 
brought  in  the  name  of  the  widow  of  such  employe  for  he 
death  of  the  husband,  or  by  the  husband  for  the  death  of 
his  wife,  or  by  the  death  of  a  child,  or  in  the  name  of  he 
child  for  the  death  of  an  only  parent,  for  such  damages  as 
may  be  suffered  by  them  respectively  by  reason  of  si  ch 
death,  the  damages  to  be  for  the  use  of  such  widow,  hush!  nd 
or  child,  except  that  in  case  the  widow  should  have  c  ill- 
dren,  the  damages  shall  be  distributed  as  personal  prope-ty 
of  the  husband.  The  legal  or  personal  representative  of  h« 
person  injured  shall  have  the  same  rights  and  remedies  as 
are  allowed  by  law  to  such  representatives  of  other  i  ar- 
sons. In  every  such  action  the  jury  may  give  such  di  m- 
ages  as  shall  be  fair  and  just,  with  reference  to  the  Inj  iry 
resulting  from  such  death  to  the  person  suing.  Any  can- 
tract  or  agreement,  expressed  or  implied,  made  by  an  m- 
ploye  to  waive  the  benefit  of  this  action  shall  be  null  i  nd 
void;  and  this  section  shall  not  deprive  an  employe  of  a 
person,  natural  or  artificial,  or  the  legal  or  personal  re]Te- 
sentatives  of  such  person,  of  any  right  or  remedy  they  i  j 
have  by  law. 

Competing  railroads  not  to  consolidate.  §  4057  (36 
(Laws  1898,  p.  95.)  It  shall  be  unlawful  for  any  railriad 
company  to  consolidate  with  a  parallel  or  competing  lall- 
load  company,  or  to  allow  its  affairs  to  be  in  any  manner 
managed,  regulated,  or  controlled  by  any  such  parallel  or 
competing  railroad  company,  or  to  permit  its  affairs  to  be 
so  managed,  regulated  or  controlled  by  the  same  person 
or  persons  who  manage,  regulate,  or  control  the  affairs  of 
such  competing  or  parallel  railroad  company,  under  penalty 
of  the  forfeiture  of  the  charters  and  franchises  of  such 
company  or  companies,  and  all  persons,  agents,  or  com- 
panies so  offending  shall  be  liable  to  the  further  penalty  of 
$10,000.  And  it  shall  further  be  unlawful  for  competing 
railroad  companies  operating  parallel  lines  of  road  within 
20  miles  of  each  other  to  lease  or  purchase,  directly  or 
indirectly,  the  opposing  line  or  any  part  thereof  or  any 
engine  operating  in  the*  same  yard,  the  latter  not  being  a 
"superior  agent  or  officer"  of  the  company. 


re]  TO- 
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3^  IP 


Public  Service  IjAws 


765 


stop  gaps  and  cattle  guards.     §4058   (3561).     Omitted. 

Equal  but  separate  accommodations  for  the  races. 
{  4059  (3562).  (Laws  1904,  ch.  99).  Every  railroad  carry- 
ing passengers  In  this  State  shall  provide  equal  but  sep- 
arate accommodations  for  the  white  and  colored  races  by 
providing  two  or  more  passenger  cars  for  each  passenger 
train,  or  by  dividing  the  passenger  cars  by  a  partition  to 
secure  separate  accommodations;  and  the  conductor  of  such 
passenger  train  shall  have  power,  and  is  required,  to  as- 
sign each  passenger,  to  the  car,  or  the  compartment  of  a 
car,  used  for  the  race  to  which  such  passenger  belongs;  and 
should  any  passenger  refuse  to  occupy  the  car  to  which 
he  or  she  is  assigned  by  the  conductor,  the  conductor 
shall  have  the  power  to  refuse  to  carry  such  passenger  on 
the  train,  and  for  such  refusal  neither  he  nor  the  railroad 
company  shall  be  liable  for  damages  in  any  court.  (For 
additional  penalties,  see  §  1351.) 

The  same — Applicable  to  street  railways.  §  4060. 
(Laws  1904,  ch.  99.)  All  persons  or  corporations  operating 
street  railways,  carrying  passengers  in  their  cars  in  this 
State  shall  provide  equal  but  separate  accommodations  for 
the  white  and  colored  races  by  providing  two  or  more  cars, 
or  by  dividing  their  cars  by  a  partition  or  adjustable  screen 
which  may  be  made  movable  so  as  to  allow  adjustment  of 
the  space  in  the  car  in  the  manner  suited  to  the  require- 
ments of  the  traffic,  so  as  to  secure  separate  accommoda- 
tions for  the  white  and  colored  races.  No  person  or  per- 
sons shall  be  permitted  to  occupy  seats  in  cars  or  compart- 
ments other  than  the  ones  assigned  to  them  on  account  of 
the  race  to  which  they  belong. 

Passengers  required  to  occupy  compartments  to  which 
they  are  assigned — Penalty  for  violation.  §  4061.  (Laws 
1904,  ch.  99.)  Officers  of  such  street  cars  shall  have  power 
and  are  required  to  assign  each  passenger  to  the  car  or 
compartment  used  for  the  race  to  which  such  passenger 
belongs.  Any  passenger  insisting  upon  going  into  a  car  or 
compartment  to  which  by  race  he  or  she  does  not  belong 
shall  be  liable  to  a  fine  of  |25,  or  in  lieu  thereof  be  im- 
prisoned for  a  period  of  not  more  than  30  days  in  the 
county  jail;  and  any  officer  of  any  street  railway  insisting 
on  assigning  a  passenger  to  a  car  or  compartment  other 
than  the  one  set  aside  for  the  race  to  which  said  passenger 
belongs  shall  be  liable  to  a  fine  of  $25,  or  in  lieu  thereof, 
to  imprisonment  for  a  period  of  not  more  than  30  days 
in  the  county  jail;  and  should  any  passenger  refuse  to  oc- 
cupy the  car  or  compartment  to  which  he  or  she  is  as- 
signed by  the  officer  of  such  street  railway,  said  officer  shall 
have  power  to  refuse  to  carry  such  passenger  on  his  car 
or  cars,  and  for  such  refusal  neither  he  nor  the  street 
railway  company  which  he  represents  shall  be  liable  for 
damages  in  any  court. 

Penalty  for  refusal  of  street  railway  officers  and  em- 
ployes to  comply  with  this  provision.  §  4062.  (Laws  1904, 
ch.  QQ.)  All  officers  and  directors  of  street  railway  com- 
panies that  shall  refuse  or  neglect  to  comply  with  the 
provisions  and  requirements  of  the  two  preceding  sections 
shall  be  deemed  guilty  of  a  misdemeanor,  on  conviction 
shall  be  fined  not  less  than  $100  or  be  imprisoned  in  the 
county  jail  not  less  than  60  days,  and  not  more  than  six 
months,  and  any  conductor  or  other  employe  of  such  street 
car  company  having  charge  of  the  same,  who  shall  refuse  or 
neglect  to  carry  out  the  provisions  of  this  chapter  shal', 
on  conviction,  be  fined  not  less  than  $25  or  be  Imprisoned 
in  the  county  jail  for  not  less  than  10  days  nor  more  than 
30  days  for  each  and  every  offense.  All  street  railway  com- 
panies carrying  passengers  in  this  State  shall  keep  this  law 
posted  up  In  a  conspicuous  place  in  each  and  every  car  and 
at  their  transfer  stations;  provided,  that  nothing  herein 
contained  shall  be  construed  as  applying  to  nurses  attend- 
ing children  of  the  other  race. 

CHAPTER  211,  1910. 
An  Act  to  amend  §  4063  of  the  Mississippi  Code  of  1906,  so 
as  to  make  said  section  aply  to  all  persons,  and  so  as 
to  add  intoxication  to  the  offenses  embraced  in  said 
section. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
§   1.     That  §   4063  of  the  Mississippi  Code  of  1906  be 
amended  so  that  the  same  shall  read  as  follows: 

Disorderly  conduct  on  train.  §  4063.  If  any  person  be 
guilty  of  disorderly  conduct  or  intoxication,  or  a  breach  of 
the  peace,  or  use  any  obscene,  profane  or  vulgar  language, 
or  play  any  game  of  cards  or  Other  game  of  chance  for 
money  or  other  thing  of  value,  or  sell  or  offer  for  sale  a 


lottery  ticket,  upon  any  passenger  train,  the  conductor  of 
the  train  may  stop  it  at  the  place  where  the  offense  is 
committed,  or  at  the  next  stopping  place  of  the  train,  and 
eject  such  passenger,  using  ony  such  force  as  may  be  neces- 
sary to  accomplish  the  removal,  and  the  conductor  may 
command  the  assistance  of  the  employes  of  the  company 
and  the  passengers  on  the  train  to  assist  in  the  removal, 
and  the  conductor  may  cause  any  person  violating  the  law 
to  be  detained  and  delivered  to  the  proper  authorities. 

§  2.  That  this  Act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  April  11,  1910. 

Shipper  of  live  stock  may  partition  cars,  etc.  §  4064 
(3564).  (Laws  1896,  p.  75.  A  person  who  has  chartered  a 
car  for  the  purpose  of  transporting  live  stock  shall  have  the 
right  to  ship  in  the  same  car,  at  his  own  risk,  different 
kinds  of  live  stock.  The  shipper  shall  have  the  right  to 
load  said  car  by  separating  his  stock  with  gates,  or  bars, 
or  by  putting  upper  decks  at  his  own  expense  and  without 
Injury  to  the  car;  and  the  shipper  shall  be  responsible  for 
all  damage  that  may  occur  by  reason  of  its  being  so  loaded. 
Any  railroad  company  refusing,  without  sufficient  reason, 
to  move  or  transport  a  car  so  loaded,  shall  be  liable  to  the 
party  injured  thereby  to  double  damages,  to  be  recovered 
before  any  court  having  jurisdiction. 

How  purchasers  under  execution  or  foreclosure  sales  to 
organize.  §  4065  (3565).  (Laws  1882,  p.  47.)  When  any 
railroad  shall  be  sold  under  execution,  or  under  a  deed  of 
trust,  or  by  a  decree  of  a  court  enforcing  a  mortgage  or 
other  lien  the  purchasers  thereof  and  their  assigns  and 
successors  shall  be  entitled  to  and  be  invested  with  all 
the  franchises,  rights,  powers,  privileges  and  immunities, 
not  inconsistent  with  the  provisions  of  this  chapter,  apper- 
taining to  and  possessed  by  the  company  or  corporation 
whose  property  and  franchises  were  sold;  but  an  exemp- 
tion from  taxation  contained  in  any  charter  shall  not 
pass  to  the  purchaser.  Such  purchasers  and  their  assigns 
and  successors  may  file  with  the  secretary  of  State  a 
statement  in  writing  to  the  effect  that  they  desire  to  operate 
the  railroad  so  sold  in  accordance  with  the  provisions  and 
requirements  of  the  charter  of  the  company  to  which  it 
belonged,  and  they  shall  thereupon  become  vested  with  all 
the  powers,  rights,  privileges  and  benefits  thereof  not  in- 
consistent with  the  provisions  of  this  chapter.  In  the 
same  manner  and  to  the  same  extent  as  if  they  were  the 
original  corporators  of  said  company,  and  shall  thereby 
become  a  railroad  corporation. 

The  purchasers  to  form  a  new  corporation,  fix  capital 
stock,  elect  directors,  etc.  §  4066  (3566).  The  said  pur- 
chasers and  assigns  may  meet  and  organize  a  new  corpora- 
tion under  the  provisions  of  this  chapter,  and  have  all  the 
powers,  franchises,  rights,  privileges,  and  Immunities  pro- 
vided herein,  and  none  other,  and  may  give  it  such  a  name 
as  may  be  adopted.  They  shall  fix  the  amount  of  the 
entire  capital  stock  of  the  new  corporation,  as  represented 
by  the  property  and  franchise  bought,  and  otherwise  organ- 
ize as  provided  in  this  chapter. 

Mortgage  of  railroad  subordinate  to  certain  liabilities. 
I  4067  (3567).  A  mortgage  or  deed  of  trust  conveying  the 
income  of  future  earnings  or  the  rolling  stock  of  a  rail- 
road company  shall  not  be  valid  against  liabilities  incurred 
by  3uch  company  as  a  carrier  of  freight  and  passengers,  or 
for  damages  sustained  by  persons  or  property.  (See  §  904.) 
Railroad  to  keep  baggage  for  passenger.  §  4068  (3568). 
It  shall  be  the  duty  of  every  railroad  company  to  receive 
any  trunk  or  baggage  which  the  regulations  of  the  company 
allow  to  be  transported  with  every  passenger,  from  any 
person.  Immediately  upon  his  exhibiting  a  ticket  over  the 
road  of  the  company,  and  Immediately  upon  receiving  the 
trunk  or  baggage,  to  Issue  to  the  owner  a  check  for  the 
same;  and  upon  the  arrival  of  the  train  at  the  station  to 
which  any  trunk  or  baggage  is  checked,  to  put  it  off  at  a 
reasonably  convenient  place  to  be  provided  for  the  deposit 
of  baggage;  and  it  is  the  duty  of  the  railroad  company  to 
safely  keep  the  trunk  or  baggage  at  the  station  until  the 
owner  thereof,  or  his  agent,  shall  demand  the  same.  Pro- 
vided, that  after  10  days  the  company  shall  have  the  right 
to  charge,  and  collect  a  reasonable  storage  for  the  same. 

Double  damages  for  injury  or  loss  of  baggage.  §  4069 
(3569).  If  a  railroad  company  carelessly  or  wilfully  injure 
or  allow  to  be  injured  or  lost  any  trunk  or  baggage,  either 
by  improper  handling  or  otherwise,  it  shall  be  liable  to  the 
owner  in  a  sum  not  less  than  double  the  amount  of  actual 
damage. 


766 


National  Association  of  Railway  Commissioners 


I 


Claims  for  damaged  or  lost  freight  to  6e  settled  promptly 
— Tiailroads  to  settle  claims  for  lost  or  damaged  freight 
within  reasonable  time  (Laws  1904,  p.  152).  §4070.  Rail- 
roads, corporations  and  individuals  engaged  as  common 
carriers  in  this  State  are  required  to  settle  all  claims 
for  lost  or  damaged  freight  which  has  been  lost  or 
damaged  between  two  given  points  on  the  same  line  or 
system,  within  CO  days  from  the  filing  of  written  notice 
of  the  loss  or  damage  with  the  agent  at  the  point  of 
destination;  and  where  freight  is  handled  by  two  or 
more  roads  or  systems  of  roads,  and  is  lost  or  damaged, 
claims  therefor  shall  be  settled  within  90  days  from  the 
filing  of  written  notice  thereof  with  the  agent  by  con- 
signee at  the  point  of  destination.  A  common  carrier 
failing  to  settle  such  claims  as  herein  required  shall  be 
liable  to  the  consignee  for  $25  damages  in  each  case, 
in  addition  to  actual  damages,  all  of  which  may  be 
recovered  in  the  same  suit  provided  that  this  section 
shall  only  apply  when  the.  amount  claimed  is  $200  or  less. 
[As  amended  by  Act  approved  March  20,  1908.] 

Railroads  may  adopt  any  gauge.  §4071  (3570).  All  rail- 
roads hereafter  constructed  in  this  State  may  adopt  such 
width  of  gauge  for  their  respective  roads  as  the  stock- 
holders   may    determine. 

Railroads  may  change  to  standard  gauge.  §  4072  (3571). 
Any  railroad  company,  the  gauge  of  whose  road  is  not 
the  standard,  may  change  the  gauge  to  the  standard 
gauge  whenever  a  majority  of  the  capital  stock  of  the 
company,  voted  at  any  regular  meeting  of  the  stock- 
holders,  may   direct. 

Order  reducing  express  rates  for  bottlers — The  Missis- 
sippi Bottler's  Association  v.  the  Southern  and  American 
Express  Companies.  This  matter  coming  on  to  be  heard 
on  said  petition,  and  the  commission  having  heard  the 
testimony  on  the  part  of  both  the  petitioners  and 
the  Southern  Express  Company  and  the  American  Ex- 
press Company,  as  well  as  argument  by  attorneys  for  either 
Bide,  and  being  fully  advised  in  the  premises,  it  is  of  the 
opinion  that  the  relief  prayed  for  Is  reasonable  and  just; 
and  it  is  therefore  ordered  that  the  Southern  Express 
Company  and  the  American  Express  Company  and  such 
other  express  companies  as  may  operate  in  Mississippi, 
while  this  order  is  in  force,  be  required  to  install  a  rate 
of  30  cents  per  100  pounds  on  pop,  soda  water,  coca-cola, 
ginger  ale  and  moxie  and  like  products  in  cases,  including 
reti:rn  charges  on  empties,  for  the  distance  of  25  miles 
or  under,  and  that  this  rate  be  applicable  on  all  railroads 
over  which  said  companies  operate  in  Mississippi,  and  be- 
tween points  in  the  said  State,  existing  rates,  except  as 
herein  modified,  to  remain  unchanged.  And  that  this  order 
be  in  force  and  take  effect  12  days  from  the  date  thereof. 
Ordered  this  the  fifteenth  day  of  January,  1906. 

Interstate  forms  to  be  followed — Order  in  the  matter  of 
the  annual  and  quarterly  reports  of  railroads:  Upon  due 
consideration  it  is  hereby  ordered  that  all  quarterly  and 
annual  reports  to  this  commission,  required  by  the  laws  of 
this  State  to  be  made  by  railroad  companies  operating 
therein,  be  and  the  same  are  hereby  required  to  be  made 
60  as  to  conform  to  the  classification  of  accounts  required 
by  the  order  of  the  Interstate  Commerce  Commission,  ef- 
fective July  1,  1907. 

CHAPTER  124,  1908. 

An  Act  to  define,  prevent  and  punish    unlawful    use    of 
money,  securities,  funds  or  property  of  corporations.  In- 
corporated companies  or   incorporated  associations  by 
such  corporations,  servants,  agents,   officers  or  mem- 
bers thereof. 
Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Corporations  not  allowed  to  contribute  money  or  prop- 
erty to  aid  any  political  party  or  candidate.     §  1.    That  it 
shall  be  unlawful  for  any  corporation.  Incorporated  com- 
pany or  Incorporated  association,  by  whatever  name  it  may 
be  known,   incorporated   or  organized  under  the  laws  of 
this    State,    or   doing  business   in   this   State,   or   for   any 
servant,  agent,  employe  or  officer  thereof,  to  give,  donate, 
appropriate  or  furnish,  directly  or  indirectly,  any  money, 
security,  funds  or  property  of  said  corporation,  incorporated 
company  or'  incorporated   association,   for  the  purpose  of 
aiding  any  political  party  or  any  candidate  for  any  public 


office,  or  any  candidate  for  any  nomination  for  any  public 
office  by  any  political  party,  or  to  give,  donate,  appropriate 
or  furnish,  directly  or  indirectly,  any  money,  security,  fundR 
or  property  of  said  corporation,  incorporated  company  or 
association,  to  ay  committee  or  person  as  a  contribution  to 
the  expense  of  any  political  party  or  any  candidate,  repre- 
sentative or  committee  of  any  political  party,  or  candidate 
for  nomination  by  any  political  party,  or  any  committee  or 
other  person  acting  in  behalf  of  such  candidate. 

Penalty  for  violation  $100  to  $1,000.  §  2.  And  any  cor- 
poration, incorporated  company  or  incorporated  association, 
or  agent,  officer,  or  employe  violating  any  of  the  provisions 
of  this  Act,  shall  be  declared  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  fined  not  less  than  $100  nor  more 
than  $2,000. 

In  effect  forthwith.  §  3.  That  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  March  19,  1908.  ^^. 

CHAPTER  122,  1908.  lif 

An  Act  prescribing  the  terms  and  condition  on  which  for- 
eign public  service  corporations  shall  engage  in  busi- 
ness in  this  State,  and  fixing  penalties  for  violation  of 
same. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississipni: 

Foreign  corporations  entering  this  State  for  business  not 
to  remove  suits  to  Federal  courts.  §  1.  That  any  foreign 
railroad,  sleeping-car,  electric  railway,  telegraph  or  t<  le. 
phone  corporation,  or  other  public  service  corporation  what- 
soever, now  engaged  in  business  in  this  State,  or  wh;ch 
may  come  into  the  State  hereafter,  and  engage  in  busiu'  sa 
here,  which  shall,  when  sued  in  any  court  of  this  State, 
remove  such  cause  to  a  Federal  court  of  this  State,  or  whi  ch 
shall  institute  any  suit  In  a  Federal  court  of  this  State, 
which  it  could  not  maintain  if  it  were  not  a  domestic  con- 
pany  incorporated  and  organized  under  the  laws  of  tl.I^ 
State,  shall :  '  | 

(a)  Forfeit  its  right  to,  and  be  prohibited  from  4 1 
gaging  in  intrastate  commerce  within  this  State; 

(b)  Forfeit  its  right  of  eminent  domain,  and  be 
hibited  from  further  exercising  the  same  in  this  State. 

Violation  of  this  Act  forfeits  right  to  do  business  in 
State — Penalty  therefor.  §  1  (continued).  And  any  si  JI 
corporation  so  removing  a  cause  to  the  Federal  court,  or 
Instituting  a  suit  therein,  and  which  shall  thereafter  C'  n- 
tlnue  to  engage  in  intrastate  commerce  within  this  Sts  ;e, 
shall  forfeit  not  less  than  $200  nor  more  than  $5,000  or 
every  such  offense,  and  each  day  such  corporation  sh  ill 
continue  to  so  engage  in  such  commerce  shall  be  a  s  p- 
arate  offense;  the  penalty  in  such  case  to  be  recovered  by 
an  action  in  the  name  of  the  State,  at  the  relation  of  1  he 
attorney-general,  or  any  district  attorney  in  whose  disti  ct 
such  offense  may  occur,  and  when  so  recovered  shall  be 
paid  into  the  State  treasury. 

In  effect  forthwith.  §  2.  That  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  March  20,  1908. 


CHAPTER  129,  1908. 


41 

tes  Itf 

srilce 

s4M 


A:t  Act  to  prevent  district  attorneys  and  their  associates  lii 
the  practice  of  law   from  representing  public  ser*  Ice 
corporation  or  corporations. 
Be  it  enacted  by  the  legislature  of  the  State  of  Mississ^ 

District  attorney  not  to  be  employed  by  railroad, 
§  1.  That  it  shall  be  unlawful  for  any  district  attorcey, 
or  any  attorney  at  law  associated  in  the  practice  as  at- 
torney or  counselor  at  law  with  any  district  attorney,  i.nd 
attorneys  for  levee  boards,  to  accept  employment  from  or 
to  represent  as  attorney  or  counselor  at  law  any  railrmd 
corporation,  street  railway  corporation,  telephone  or  tMe- 
graph,  corporation,  express  company,  or  other  comrion 
carrier,  or  public  service  corporation  whatsoever,  and  any 
attorney  violating  this  section  shall  be  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  fined  in  a  sum  not  est 
than  $10  nor  more  than  $100,  and  shall  forfeit  his  license 
to  practice  law  in  this  State:  Provided,  however,  that 
litigation  now  pending  may  be  prosecuted  to  a  conclusion 
by  said  district  attorney  and  associate. 

In  effect  forthwith.    §  2.    That  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  March  21,  1908. 


Public  Service  Laws 


767 


CHAPTER  133,  1910.' 
An  Act  making  It  unlawful  to  be  intoxicated  on,  or  to  drink 
intoxicating  liquors  on  any  kind  of  a  passenger  train, 
coach,  closet  or  vestibule  thereof,  or  platform  connected 
thereto,  while  said  passenger  train  or  coach  is  within 
the  service  of  passenger  transportation  in  this  State, 
and  providing  for  the  punishment  of  said  offense. 

Be  it  cnactea  hy  the  legislature  of  the  State  of  Mississippi: 
Intoxicated  person  not  allowed  on  passenger  trains.  §  1. 
That  it  shall  be  unlawful  for  any  person,  while  intoxicated, 
to  be  in  or  upon  any  railway  passenger  train,  coach,  closet 
or  vestibule  thereof,  or  platform  connected  therewith,  or 
any  part  of  such  train  while  such  train,  or  part  of  train,  is 
In  the  service  of  passenger  transportation  in  this  State. 

Unlatvful  to  drink  intoxicating  liquors  on  passenger 
trains.  §  2.  That  it  shall  be  unlawful  for  any  person  to 
drink  intoxicating  liquors  of  any  kind  in  or  upon  any 
passenger  railway  train,  coach,  closet,  or  vestibule  thereof, 
or  platform  connected  thereto,  while  the  said  passenger 
train  or  coach  is  in  the  service  of  passenger  transporta- 
tion within  this  State,  provided  that  nothing  in  this  Act 
shall  be  construed  to  prevent  the  use  of  intoxicating  liquors 
as  a  stimulant  in  case  of  accident  or  actual  sickness  of  a 
person  using  said  stimulant  while  upon  said  passenger 
train,  or  any  part  thereof. 

Persons  violating  this  Act  to  6e  put  off  trains  immedi- 
ately. §  3.  If  any  person  shall  be  guilty  of  violating  the 
preceding  sections,  or  either  of  them,  the  conductor  or 
person  in  charge  of  the  train  may  stop  it  at  the  place  where 
the  offense  is  committed,  or  at  the  next  convenient  stopping 
place  of  the  train,  and  eject  such  passenger,  using  only  such 
force  as  may  be  necessary  to  accomplish  the  removal,  and 
the  conductor  or  person  in  charge  of  such  train  may  com- 
mand the  assistance  of  the  employes  of  the  company,  and 
the  passengers  on  the  train,  to  assist  in  the  removal,  and 
the  conductor  may  cause  any  person  so  violating  either 
section  of  this  law  to  be  detained  and  delivered  to  the 
proper  authorities. 

Penalty  for  violating  provisions  of  this  Act.  §  4.  Any 
person  violating  either  section  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  in  any  sum  not  less  than  ?10  nor  more  than  $100, 
or  imprisoned  in  the  county  jail,  at  the  discretion  of  the 
court,  for  not  exceeding  thirty  days,  or  the  offender 
may  be  punished  by  both  such  fine  and  imprisonment. 

In  effect  forthwith.  §  5.  That  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  April  11,  1910. 

I  CHAPTER  125,  1908. 

An  Act  to  amend  chapter  7  of  the  Sheets  Acts  of  1886, 
entitled  "an  Act  to  provide  for  the  payment  of  levee 
taxes  by  railroads  in  the  Mississippi  levee  district  of 
,  the  State." 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 

I  Amendment  to  law  levying  taxes  on  railroad  companies 

:    for  support   of   levee  system.     §   1.      That  chapter   7   of 

the  Sheets  Acts  of  1886  be  and  the  same  is  hereby  amended 

so  as  to  read  as  follows: 

Levee  tax  of  $200  per  mile.  That  for  the  purpose  of  con- 
tributing to  the  expense  of  building,  maintaining  and  re- 
pairing levees  in  the  Mississippi  levee  district,  and  of  pay- 
ing the  debts  and  liabilities  incurred  therefor,  by  the  board 
of  Mississippi  levee  commissioners,  the  following  tax  is 
hereby  levied  and  assessed  upon  all  railroads  and  parts  of 
railroads  lying  and  situated  in  the  said  levee  district,  to- 
wit:  Upon  each  and  every  mile  of  the  main  or  trunk 
line  of  all  broad  or  standard  gauge  railroads,  not  including 
sidetracks  or  switches,  the  sum  of  ?200  per  annum;  upon 
each  and  every  mile  of  narrow-gauge  railroad  or  railroads 
of  less  width  than  standard  gauge,  not  including  side- 
tracks or  switches,  the  sum  of  $50  per  annum;  upon  each 
and  every  mile  of  broad  or  standard  gauge  railroads,  not 
used  and  operated  as  a  main  or  trunk  line,  but  constituting 
and  used  as  a  feeder  to  a  branch  of  a  main  or  trunk  line, 
or  to  connect  such  main  or  trunk  line  with  some  other 
system,  the  sum  of  $120  per  annum;  provided,  that  no 
railroad  or  branch  railroad  shall  be  subject  to  taxation 
under  this  Act  while  the  same  is  in  process  of  con- 
struction, but  if  any  part  thereof  shall  be  used  for  profit, 
that  part  so  used  shall  be  taxed,  although  the  whole  of  said 
railroad  or  branch  may  not  be  finished. 

Taxes  to  be  paid  over  by  railroad  to  treasurer  of  levee 


board.  §  2.  That  said  taxes  shall  be  paid  by  the  person  or 
corporation  owning  or  operating  said  railroads  to  the  treas- 
urer of  said  Mississippi  levee  district  on  or  before  the 
first  day  of  November  in  each  year;  but  upon  roads  here- 
after constructed  such  tax  be  payable  in  one  year,  only 
upon  so  much  of  said  railroad  as  shall  have  been  used  for 
profit  prior  to  the  first  day  of  February  in  this  year. 

//  taxes  not  paid  when  due,  10  per  cent  damages  to  ac- 
crue. §  3.  That  if  said  tax  is  not  paid  when  due,  then  10 
per  cent  damages  shall  accrue  thereon,  and  upon  affidavit 
flleci  with  the  circuit  clerk  of  Washington  county,  by  the 
treasurer  of  the  board  of  Mississippi  levee  commissioners, 
stating  the  amount  of  tax  due  and  unpaid  and  the  railroad 
in  default,  said  clerk  shall  issue  a  writ  to  the  sheriff  of 
Washington  county  or  the  sheriff  of  such  other  county  in 
said  levee  district  as  may  be  necessary,  stating  in  such  writ 
the  amount  of  tax  due  and  of  the  damages  thereon,  and 
directing  said  sheriff  to  sell  so  much  of  said  railroad  as 
may  be  in  his  county,  in  the  same  manner,  at  the  same 
place,  and  upon  the  same  notice  and  terms,  as  is  prescribed 
by  law  for  sale  of  real  estate  under  execution,  for  the  tax 
and  costs  due  on  said  railroad,  and  said  sheriff  shall  forth- 
with pay  over  the  amount  so  collected  to  the  treasurer  of 
said  levee  board,  and  shall  execute  a  deed  to  the  pur- 
chaser and  at  once  place  him  in  possession  of  said  railroad. 

When  board  reduces  other  taxes,  proportionate  reduction 
to  be  made  in  these  taxes.  §  4.  That  whenever,  under  the 
power  conferred  by  law  upon  said  board  of  levee  com- 
missioners, any  reduction  is  made  in  their  other  taxes,  then 
said  board  shall  make  a  proportional  reduction  in  the  taxes 
assessed  by  this  Act  for  that  year,  and  shall  notify  the 
railroad  company  or  other  person  operating  said  railroad  of 
such  reduction. 

In  effect  forthwith.    §  5.    That  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage. 
Approved  March  5,  1908. 

CHAPTER  196,  1910. 
An  Act  to  amend  §  2805  of  the  Code  of  1906  so  as  to  author- 
ize the  recording  of  mortgages  and  deeds  of  trust  of 
all  corporations  without  showing  the  name  of  the  bene- 
ficiary of  the  indebtedness  secured  by  such  mortgages 
and  deeds  of  trust;  and  permitting  the  transfer  of  the 
indebtedness  so  secured  without  showing  such  transfer 
on  the  record  of  such  mortgages  and  deeds  of  trust; 
and  providing  that,  on  failure  of  the  holder  of  the  in- 
debtedness secured  by  such  mortgages  and   deeds  of 
trust   to    list   and   assess  the   same   for   taxation,   all 
interest  thereon  shall  be  forfeited  as  to  such  holder 
so  failing  to  assess  the  same. 
Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 
Duty  of  cleric  in  recording — Receipt  for  instrument  and 
certificate.     §  1.     That  §  2805  of  the  Code  of  1906  be  so 
amended  as  to  read  as  follows:     The  clerk  of  the  chancery 
court,  or  his  deputy,  shall  give  a  receipt  for  every  written 
instrument  delivered  to  him  to  be  recorded,  if  demanded, 
in  which  he  shall  state  the  name  of  the  parties,  the  date 
of  delivery  and  quantity  of  land  or  other  property  therein 
specified,  and  shall  also  certify  on  or  under  such  instrument 
the  hour  and  minute,  the  day  and  month,  and  the  year 
when  he  received  it;  and  when  the  same  is  recorded,  he 
shall  mark  thereon  the  number  of  the  book,  and  the  page 
on  which  it  is  recorded,  and  an  itemized  statement  of  his 
fees  thereof,  and  shall  deliver  it  to  the  party  entitled  to 
receive  it  when  called  for.    But  the  clerk  shall  not  record 
any  mortgage  or  deed  of  trust  in  which  the  name  of  the 
beneficiary   is   not   disclosed   therein,   and    if  such    instru- 
ment is  recorded,  it  shall  not  impart  notice  to  anyone;  pro- 
vided, the  failure  to  disclose  the  name  of  the  beneficiary 
shall  not  apply  to  mortgages  and  deeds  of  trust  given  by 
corporations  either  foreign  or  domestic,  to  secure  the  pay- 
ment of  serial  bonds  payable  to  bearer;  and  the  assignment 
or  transfer  of  such  mortgages  or  deeds  of  trust  or  bonds 
secured  by  the  same  need  not  be  entered  on  the  margin  of 
ths  record.    But  it  shall  be  the  duty  of  the  holder  of  such 
securities  covered  by  this  proviso  to  list  and  assess  the 
same  for  taxation,  if  liable  for  taxation,  in  the  hands  of 
the  holder,  such  list  or  assessment  to  show  the  amount, 
date,  date  due  and  value  of  such  securities  of  such  cor- 
poration so  made  payable  to  bearer,  and  on  failure  of  the 
holder  to  so  assess  the  same,  all  interest  thereon  shall  be  for- 
feUed  in  his  hands  and  as  against  him,  and  he  shall  be 
denied  the  right  to  recover  such  interest  in  the  courts  of 
the  State. 


768 


Naxioi^al  Association  of  Railway  Commissioners 


Repeal.  §  2.  That  all  laws  and  parts  of  laws  In  conflict 
with  this  Act  are  hereby  repealed. 

In  effect  forthwith.  §  3.  That  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  March  25,  1910. 

CHAPTER  350,  1910. 

An  Act  to  authorize  the  city  of  Meridian  to  provide  right 
of  way  and  terminal  facilities  for  railroads  hereafter 
constructed  into  said  city. 
Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 

Mayor  and  aldermen  of  Meridian  to  provide  right  of  way 
and  terminals.  §  1.  That  the  mayor  and  board  of  aldermen 
and  councilmen  of  the  city  of  Meridian  be  and  they  are 
hereby  authorized  to  provide  right  of  way  and  terminal 
facilities  for  any  railroad  running  into  or  through  said 
city  and  to  issue  and  sell  bonds  of  the  city  for  the  pur- 
pose of  raising  money  to  pay  for  the  same. 

Special  election  to  6e  held  for  bond  issue,  etc.  §  2.  Be- 
fore contracting  for  right  of  way  and  terminal  facilities 
as  aforesaid,  or  issuing  bonds  to  pay  for  same,  the  mayor 
and  board  of  aldermen  and  councilmen  shall  ascertain  the 
win  of  the  qualified  electors  of  the  city  and  for  that  pur- 
pose they  shall  order  a  special  election  after  giving  at 
least  10  days'  notice,  which  shall  be  given  by  publication 
In  one  or  more  newspapers  published  in  said  city,  giving 
the  time  and  place  at  which  such  election  shall  be  held. 
The  notice  shall  gjve  the  name  of  the  railroad  or  railroads 
for  which  right  of  way  and  terminal  facilities  are  to  be 
purchased  and  the  maximum  amount  of  bonds  to  be  issued 
for  each  road.  The  ballots  shall  be  so  prepared  that 
voters  can  vote  for  or  against  each  road  separately.  If 
the  majority  of  votes  cast  be  in  favor  of  making  such  pur- 
chase for  one  or  more  roads  the  mayor  and  board  of 
aldermen  and  councilmen  shall  make  the  purchases  and 
issue  bonds  accordingly,  but  only  for  such  roads  and  for 
such  amounts  as  the  majority  of  those  voting  authorize. 
Said  bonds  shall  be  issued  to  mature  at  such  time  as  the 
said  boards  may  determine  not  exceeding  30  years  from 
the  time  authorized  at  the  special  election  and  shall  bear 
Interest  at  not  more  than  5  per  cent  per  annum. 

Amount  of  bonds  to  be  issued.  §  3.  Not  more  than 
$50,000  of  the  bonds  of  the  city  shall  be  issued  to  buy  right 
of  way  and  terminal  facilities  for  any  one  railroad  nor 
more  than  $150,000  under  this  Act  for  all  new  roads  enter- 
ing the  city. 

Limitation.  §  4.  No  liability  shall  be  incurred  or  bonds 
Issued  under  this  Act  after  the  first  day  of  January,  1913. 

Tax  to  be  imposed.  §  5.  The  mayor  and  board  of  alder- 
men and  councilmen  shall  impose  a  tax  on  the  property 
In  said  city  to  pay  the  interest  on  any  bonds  issued  under 
this  Act,  and  after  3  years  from  the  issuance  of  bonds 
they  shall  in  like  manner  provide  a  sinking  fund  for  the 
payment  of  the  principal  thereof. 

Powers  conferred  on  successors.  §  6.  The  powers  herein 
conferred  on  the  mayor  and  board  of  aldermen  and  coun- 
cilmen shall  be  exercised  by  their  successors  in  office  by 
whatever  name  called. 

In  effect  forthwith.  S  7.  That  this  Act  shall  be  in  force 
from  and  after  its  passage. 

Approved  February  16,  1910. 

CHAPTER  212,  1910. 

An  Act  to  amend  §  4103  of  the  Code  of  Mississippi  of  1906, 

so  as  to  provide  that  in  conditional  sales  of  railroad 

equipment  the  time  of  credit  extended  shall  not  exceed 

15  years. 

Be  it  enacted  by  the  legislature  of  the  State  of  Mississippi: 

To  amend  §  410S,  Code  of  1906.    §  1.     That  §  4103,  of 

the  Code  of  Mississippi  of  1906,  be,  and  the  same  hereby  is, 

amended  by  striking  out  the  words  "10  years"  in  the  last 

line  of  said  §  4103  and  inserting  the  words  "15  years"  in 

place  thereof,   so  that,  as  amended,  said   §   4103  of  said 

Code  of  1906  will  read  as  follows: 

Vendor  of  railroad  equipment  may  retain  title  till  money 
paid.  I  4103.  In  any  written  contract  of  or  for  the  sale 
of  railroad  equipment  and  rolling  stock  deliverable  Im- 
mediately or  subsequently  at  stipulated  periods  by  the 
terms  of  which  the  purchase  money,  in  whole  or  in  part, 
is  to  be  paid  in  the  future,  it  may  be  agreed  that  the 
title  to  the  property  so  sold  or  contracted  to  be  sold  shall 


not  pass  to  or  vest  in  the  vendee  until  the  purchase  money 
shall  have  been  paid,  and  the  vendor  may  retain  a  lien 
thereon  for  the  unpaid  purchase  money,  notwithstanding 
the  delivery  thereof  to  and  possession  by  the  vendee;  pro- 
vided, that  the  terms  of  credit  for  the  payment  of  the  pur- 
chase money  shall  not  exceed  15  years  from  the  execution 
of  the  contract. 

Repeal.  §  2.  That  all  Acts  or  parts  of  Acts  in  conflict 
with  this  Act  are  hereby  repealed. 

In  effect  forthwith.  §  3.  That  this  Act  shall  take  effect 
and  be  enforced  from  and  after  its  passage. 

Approved  April  13,  1910. 

CODE  CHAPTER  122. 

BEVENUK. 

Assessment  and  taxation  of  railroads — Each  company  to 
file  schedule.  §  4382  (3875).  Each  railroad  company  own- 
ing and  operating  a  railroad  shall,  on  or  before  the  first 
Monday  in  April  in  each  year,  file  with  the  railroad  com- 
mission a  complete  schedule,  under  oath,  of  all  its  property, 
real  or  personal,  taxable  or  non-taxable,  setting  forth 
therein  the  length  in  miles  or  fractions  thereof  of  Its 
entire  road-bed,  switches  and  side  tracks,  and  showing 
how  many  miles  or  fractions  thereof  lie  in  this  State,  and 
in  each  county  of  the  State,  and  in  each  city,  town  or  ^  il- 
lage,  and  the  value  of  the  whole  and  each  part  thereof,  as' 
subdivided  herein;  the  total  amount  of  capital  stock,  t» 
par  value  and  its  actual  value,  and  the  value  of  its  fran- 
chise; the  number  of  engines  and  their  respective  valuis; 
the  gross  amount  of  receipts  in  the  year  preceding;  tie 
number  of  cars  of  all  kinds,  their  classes  and  value;  the 
number  of  depot  buildings  and  warehouses  and  other  bui  d- 
Ings;  in  what  county  and  city,  town,  village,  or  levee 
district  located,  and  the  value  of  each,  including  the  lands 
and  lots  upon  which  the  same  are  built;  the  value  of  til 
machine  and  cai  shops  and  stationary  machinery  and  toi  la 
therein,  and  in  what  county  and  city,  town,  village,  or 
levee  district  located,  including  the  land  upon  which  1 19 
same  are  built;  all  real,  personal,  or  mixed  property  1  be- 
longing to  the  company  within  the  State,  not  enumerati  d, 
with  its  value;  the  number  of  bridges  and  ferries  in  tl  Is 
State,  in  what  county  and  city,  town,  village  or  levee  d  s- 
trict  situated,  and  the  value  of  each,  and  specifyl  ig 
whether  such  value  is  or  is  not  included  in  the  value  of 
the  road-bed;  a  list  of  all  lands  in  this  State  owned,  <  e- 
scribing  the  same,  and  giving  the  location  and  val  iil 
thereof,  the  quantity  of  land  used  for  depots  and  machl  le 
shops,  and  its  value  aside  from  the  buildings  thereo  i; 
the  gross  amount  of  receipts  the  year  preceding  from  p;  s- 
sengers  and  freights  separately,  and  the  proportion  then  ot 
earned  within  and  from  this  State;  and  if  any  of  said  pn  p- 
ertv  is  claimed  to  be  exempt  from  taxation,  it  shall  )3 
separately  stated,  and  the  law  cited  under  which  the  cla 
is  made. 

The  same— Penalty  for  failure.  §  4383  (3876).  If 
company,  corporation,  or  person  who  should  do  so,  sh. 
fail,  neglect,  or  refuse  to  render  the  schedule  required  ly 
the  last  section,  such  company,  corporation,  or  person  sh  ill 
forfeit  and  pay  to  the  State,  for  every  such  failure,  negle  ;t, 
or  refusal,  the  sum  of  $5,000,  to  be  recovered  by  acti<  n, 
which  shall  be  instituted  and  prosecuted  under  the  direc- 
tion of  the  railroad  commission;  and  in  case  of  such  fs 
ure,  neglect  or  refusal,  the  commission  shall  make  4 
such  schedule  from  the  best  information  obtainable. 

The  same — State  railroad  assessors.  §  4384  (3877).  The 
members  of  the  railroad  commission  are  constituted  Sti  te 
railroad  assessors,  and  they  shall,  upon  the  receipt  or 
making  and  completion  of  the  schedules  provided  for  in 
the  last  two  sections,  assess  all  railroads,  telegraph,  tele- 
phone, sleeping-car,  and  express  company  property  liable  to 
taxation  in  the  State,  affixing  its  true  value,  so  that  such 
property  shall  bear  Its  just  proportion  of  taxation,  takiag 
into  consideration  the  value  of  the  franchise,  the  capial 
stock  engaged  in  the  business  in  this  State;  and  the  n.il- 
road  assessors  may  adopt  other  and  further  rules  necessary 
and  proper  to  ascertain  the  value  of  property  to  be  assessed 
by  them,  including  the  amount  of  capital  engaged  in  the 
business  In  this  State. 

The  same — Not  bound  by  schedules  rendered,  i  4J:86 
(3878).  If  in  any  case  the  State  railroad  assessors  have 
reason  to  believe  that  any  railroad  company,  or  person 
owning  or  operating  a  railroad,  has  rendered  a  false  or 
fraudulent   schedule,    and    that   an    assessment   predicated 


la  Qu^ 
shiiP 


i 


Public  Service  Laws 


769 


thereon  will  relieve  such  company  or  person  of  a  just  share 
of  taxation,  they  shall  not,  In  making  the  assessment,  be 
bound  thereby,  but  they  shall  make  out  a  proper  schedule 
as  if  none  had  been  rendered,  first  giving  such  person  or 
company  five  days'  notice  to  come  forward  at  a  time  and 
place  to  be  named,  and  show  cause  why  such  a  course 
should  not  be  pursued.  Such  notice  shall  be  served  and 
returned  as  a  summons  from  a  court. 

The  same — Records  to  be  kept  and,  preserved.  §  4388 
(3879).  Complete  and  full  records  shall  be  kept  by  the 
railroad  commission  of  all  things  done  under  the  author- 
ity conferred  upon  it  and  on  its  members  by  the  provisions 
of  this  chapter. 

The  same — Assessments  to  lie  made  hy  the  counties,  etc. 
(Laws  1900,  chapter  77).  §4387  (3880).  The  State  rail- 
road assessors  shall,  if  practicable,  on  or  before  the  first 
Monday  of  June,  and,  if  impracticable,  as  soon  thereafter 
as  it  can  be  done,  in  each  year,  make  out  for  each  county 
having  any  railroad,  telegraph,  telephone,  sleeping  car, 
palace  car,  dining  car,  or  express  company  property  therein, 
an  assessment  roll  of  such  property,  both  real  and  personal, 
and  the  same  may  be  in  such  form  as  they  may  prescribe, 
as  near  In  conformity  to  ordinary  assessment  rolls  as  con- 
venient and  practicable,  the  property  in  cities,  towns,  vil- 
lages, separate  school  districts  and  levee  districts  being 
distinguished;  and  the  same  shall  contain  all  the  property 
of  any  such  company  or  other  railroad  property  in  the 
county,  and  the  value  thereof  and  the  State  taxes  thereon, 
and  so  made  that  each  county,  levee  district,  separate 
school  district  and  municipality  shall  receive  its  just  share 
of  Kuch  taxes  proportionately  to  the  amount  of  property 
therein  situated;  and  the  same,  when  made,  shall  remain 
on  deposit  for  one  month  in  the  office  of  the  railroad  com- 
mission, and  be  for  said  time  subject  to  the  objections 
thereto  which  may  be  filed;  but  the  taxes  on  other  real 
estate  belonging  to  railroads  than  that  forming  a  part  of 
the  road  shall  not  be  extended  on  the  rolls. 

The  same— Objections  heard,  etc.  §  4388  (3881).  It 
shall  be  the  duty  of  the  railroad  commissioners  on  the  first 
Monday  in  July  of  each  year,  or,  in  case  of  failure,  as  soon 
thereafter  as  practicable,  to  convene  at  their  office  and  hear 
and  determine  objections  to  assessments  made  by  them; 
and  they  shall  remain  in  session  until  all  objections  ar* 

I  heard  and  disposed  of;  and  they  may,  if  they  think  objec- 
tions  just,   sustain   the   same   and   amend   assessments,   if 

:  necessary,  accordingly. 

The  same— Assessments  sent  to  the  counties.  %  4389 
(3882).  So  soon  as  the  assessment  rolls  have  remained 
subject  to  objection  for  one  month,  and  when  all  objections, 
if  any,  are  disposed  of,  the  assessment  rolls  shall  be  ap- 
proved by  order  of  the  railroad  commission,  and  the  same 

[  shall  be  sent  to  the  clerks  of  the  boards  of  supervisors  of 

I  the  respective  counties,  who  shall  file  and  preserve  the  same 

\  as  a  record. 

The  same— Duty  of  the  clerk.  §  4390  (3883).  The  clerk 
shall  make  two  copies  of  said  assessment  roll  as  of  other 
assessment  rolls,  and  dispose  of  them  as  provided  by  law 
In  case  of  the  general  assessment  rolls,  and  perform  all 
duties  required  of  him  in  such  cases     (See  §  4307.) 

The  same— The  tax  collectors.     §  4391  (3884).    The  tax 

'  collectors  shall  collect  the  railroad  taxes  from  said  rolls  in 
all  respects  as  he  collects  other  taxes;  but  in  case  of  a  sale 

I  for  delinquent  railroad  taxes  the  collector  shall  first  seize 
and  sell  personal  property  or  lands  other  than  the  roadbed; 
and,  second,  rolling  stock;  and,  lastly,  the  roadbed  of  the 
railroad  in  his  county. 

Telegraph,  express,  sleeping  car  companies,  etc.  (Laws 
1902,  chapter  106).  §4392  (3885).  Telegraph,  telephone, 
express,  sleeping  car,  palace  car  and  dining  car  companies 
shall  be  assessed  for  ad  valorem  taxation  in  the  same  man- 
ner as  railroads;  and  the  railroad  commissioners  shall  be 
assessors  thereof,  and  shall  perform  the  same  duties  in 
respect  thereto  as  In  the  case  of  railroads,  and  at  the  same 
time  and  with  like  effect.  The  clerks  and  tax  collectors 
shall  perform  the  like  duties  as  required  in  case  of  rail- 

( roads. 

!  The  same— Schedules.  §  4393  (3886).  The  person  or 
corporation  owning  or  operating  a  telegraph  line  or  tele- 

'  phone  line  or  carrying  on  the  business  of  an  express, 
sleeping  car,  palace  car  or  dining  car  company  shall  file  the 
schedules  required  of  railroads  within  the  time  and  under 

Hike  penalties;   and  the  schedules  shall  contain  the  same 

lor  such  of  the  particulars  required  of  railroads,  as  to  the 


property  and  rights  of  the  company,  as  the  railroad  com- 
missioners shall  direct  and  such  other  particulars  as  they 
shall  demand. 

CODE  CHAPTER  114. 

PBIVIMIGB  TAXES. 

Certain  privileges  taxed.  §  3771  (3317).  A  tax  on 
privileges  is  levied  as  follows,  to  wit: 

Express  companies.  §  3810.  On  each  express  company 
transporting  freight  or  packages  from  one  point  to  another 
In  this  State,  $500;  and  ?5  per  mile  on  all  first-class  rail- 
road track  in  this  State  over  which  the  business  is 
operated,  and  ?3  per  mile  on  all  second-class  railroad 
track  in  this  State,  and  $2  per  mile  on  all  other  kinds 
of  railroad  track  in  this  State  over  which  the  business 
is  operated. 

That  every  person  or  corporation  that  shall  maintain 
or  operate  any  office  or  place  of  business  in  this  State 
at  which  intoxicating  liquors  legally  deliverable  are 
delivered  upon  payment  of  purchase  money  therefor 
shall  pay  annually  for  each  of  said  office  or  oflaces,  or 
place  or  places   of  business,  the  sum  of  $5,000. 

That  the  maintaining  or  operating  of  such  office  or 
offices  above  mentioned  without  payment  of  the  privilege 
tax  above  provided  shall  subject  the  person  or  cor- 
poration so  operating  or  maintaining  such  office  or  place 
of  business  to  pay  the  State  of  Mississippi  the  sum 
of  $50. 

And  to  the  county  in  which  the  same  Is  done  the 
sum  of  $50  for  each  day  such  business  or  office  may  be 
maintained  or  operated,  and  for  each  of  said  offices  or 
places  of  business  so  operated;  and  the  State  and  county 
may  sue  for  and  recover  civilly,  either  jointly  or  sep- 
arately, each  the  said  sum  for  each  day  that  each  of  said 
oflices  or  places  of  business  may  be  maintained  and 
operated  without  prepayment  of  the  aforesaid  privilege 
tax;  and  such  civil  suits  may  be  commenced  by  attach- 
ment, without  bond:  Provided,  nothing  herein  contained 
shall  validate  any  transaction  which,  but  for  this  Act, 
would    be   illegal.      [As    amended    1906.] 

Railroads.  §  3856  (3379).  Railroads  are  divided  into 
four  classes,  first,  second,  third  and  narrow  gauge,  and 
privilege  taxes  are  levied  on  them  as  follows: 

On  each  railroad  of  first  class,  per  mile. $22.50 

On   second   class,   per  mile 16.87V4 

On  third  class,  per  mile 10.00 

On  narrow  gauge,  per   mile 2.00 

On  each  railroad  claiming  exemption 
from  State  supervision,  under  maximum 
and  minimum  provisions  in  their 
charter,  an  additional  privilege  tax  per 

mile   of 10.00 

On  each  refrigerator  car,  oil  tank  car  or 
stock  car,  doing  business  in  this  State 
and  not  owned  or  leased  by  any  railroad 
company     2.00 

And  this  tax  on  such  refrigerator  cars,  oil  tank 
cars  and  stock  cars  shall  be  in  lieu  of  all  State  and 
county  taxes. 

Same.  The  railroad  commission  shall,  annually,  on  or 
before  the  first  Monday  in  August,  classify  the  several 
railroads  according  to  their  charter,  exempting  claim, 
and  the  gross  earnings  of  each,  and  the  privilege  taxes 
thereon  shall  be  paid  on  or  before  the  first  day  of  De- 
cember, and  the  findings  of  the  said  railroad  commission 
shall  be  certified  to  the  auditor  of  public  accounts  and 
the  chancery  clerk  of  the  county  through  which  each 
road  or  roads  run. 

CODE  CHAPTER  24. 

COBPORATIONS. 

What  corporations  may  be  created  under  this  chapter. 
I  897  (832).  (Laws  1898,  ch.  73.)  Corporations  for  every 
lawful  purpose  and  of  every  kind,  except  for  the  con- 
struction and  operation  of  a  railroad,  other  than  street 
railroads,  and  the  carrying  on  of  an  insurance  business, 
may  be  created  under  the  provisions  of  this  chapter: 
Provided,  that  the  exception  as  to  Insurance  companies 
shall  not  apply  to  mutual  Insurance  associations  or- 
ganized for  the  purpose  of  insuring  the  property  of  its 
own  members  only;  and  such  associations  may  be  In- 
corporated under  the   provisions  of  this  chapter. 


770 


National  Association  of  Railway  Commissioners 


1 


Limitation  on  corporate  holdings.  §  903  (838).  Every 
corporation  of  the  classes  to  be  or  heretofore  created 
under  the  provisions  of  this  chapter  or  the  laws  of  this 
State  may  hold  personal  property  in  any  amount  nec- 
essary and  proper  tor  its  uses  and  purposes,  and  every 
such  corporation,  except  manufacturing  corporations, 
may  hold  land  necessary  for  its  purposes  to  an  amount 
in  value  not  exceeding  $1,000,000;  manufacturing  cor- 
porations may  hold  land  to  an  amount  not  exceeding 
$2,000,000  in  value,  but  building,  machinery  and  other 
fixtures  on  such  land  shall  be  excluded  in  valuing  land. 
And  a  corporation  shall  not  have  a  trust,  use  or  benefit 
in  prop-erty  held  in  the  name  of  any  person  or  corpo- 
ration for  its  use,  either  expressly  or  secretly,  to  a 
greater  amount  than  it  may  lawfully  hold,  nor  shall  any 


corporation  employ  its  capital,  money  or  other  thing  In 
any  way  than  in  pursuit  of  its  legitimate  business;  and 
a  corporation  offending  against  any  of  these  provisions 
shall  forfeit  its  charter  and  shall  also  forfeit  to  the 
State  all  real  estate  held  above  that  which  it  may 
lawfully  hold;  but  an  increase  in  the  marliet  value  of 
real  estate  after  it  has  been  acquired  by  a  corporation 
over  tjhe  limit  it  was  or  is  authorized  to  hold  shall  not 
operate  to  forfeit  either  the  charter  or  any  part  of  the 
real  estate  of  such  corporation.  Nothing  herein  con- 
tained shall  prevent  a  corporation  from  taking  land  or  a 
lien  on  land  to  a  greater  amount  than  it^  may  lawfully 
hold  in  payment  of,  or  as  a  security  for,  a  debt  if  the  same 
shall  not  be  held  for  a  longer  period  than  ten  years.  [As 
amended    190G.] 


PUBLIC  SERVICE  LAWS  OF  MISSOURI 


ARTICLE  XII. 

CORPOBATIOKS. 

Eminent  domain — Right  of  State  in  corporation  property 
— Trial.  §  4.  The  exercise  of  the  power  and  right  of  emi- 
nent domain  shall  never  be  so  construed  or  abridged  as  to 
prevent  the  taking,  by  the  general  assembly,  of  the  prop- 
erty and  franchises  of  incorporated  companies  already 
organized,  or  that  may  be  hereafter  organized,  and  subject- 
ing them  to  the  public  use,  the  same  as  that  of  individuals. 
The  right  of  trial  by  jury  shall  be  held  Inviolate  in  all  trials 
of  claims  for  compensation,  when  in  the  exercise  of  said 
right  of  eminent  domain,  any  incorporated  company  shall 
be  interested  either  for  or  against  the  exercise  of  said 
right. 

Police  power  of  the  State.  §  5.  The  exercise  of  the 
police  power  of  the  State  shall  never  be  abridged,  or  so 
construed  as  to  permit  corporations  to  conduct  their  busi- 
ness in  such  manner  as  to  infringe  the  equal  rights  of  indivi- 
duals, or  the  general  well-being  of  the  State. 

Election  of  directors — Rights  of  shareholders — Cumula- 
tive voting.  §  6.  In  all  elections  for  directors  or  managers 
of  any  incorporated  company,  each  shareholder  shall  have 
the  right  to  cast  as  many  votes  in  the  aggregate  as  shall 
equal  the  number  of  shares  so  held  by  him  or  her  in  said 
company,  multiplied  by  the  number  of  directors  or  man- 
agers to  be  elected  at  such  election;  and  each  shareholder 
may  cast  the  whole  number  of  votes,  either  In  person  or 
by  proxy  for  one  candidate,  or  distribute  such  votes  among 
two  or  more  candidates;  and  such  directors  or  managers 
•hall  not  be  elected  in  any  other  manner. 

Corporation  business  limited  6j/  charter — Power  to  hold 
real  estate.  §  7.  No  corporation  shall  engage  in  business 
other  than  that  expressly  authorized  in  its  charter  or  the 
law  under  which  it  may  have  been  or  hereafter  may  be 
organized,  nor  shall  it  hold  any  real  estate  for  any  period 
longer  than  six  years,  except  such  as  may  be  necessary 
and  proper  for  carrying  on  its  legitimate  business. 

Stock  and  landed  debt,  how  issued  or  increased.  §  8. 
No  corporation  shall  issue  stock  or  bonds,  except  for 
money  paid,  labor  done  or  property  actually  received,  and 
all  fictitious  increase  of  stock  or  indebtedness  shall  be 
Toid.  The  stock  and  bonded  indebtedness  of  corporations 
•hall  not  be  Increased,  except  in  pursuance  of  general  law, 
nor  without  the  consent  of  the  persons  holding  the  larger 
amount  in  value  of  the  stock  first  obtained  at  a  meeting 
called  for  the  purpose,  first  giving  60  days'  public  notice, 
as  may  be  provided  by  law. 

Stockholders,  extent  of  liability.  §  9.  Dues  from  prl- 
Tate  corporations  shall  be  secured  by  such  means  as  may 
be  prescribed  by  law,  but  in  no  case  shall  any  stockholder 
be  Individually  liable  in  any  amount  over  or  above  the 
amount  of  stock  owned  by  him  or  her. 

Preferred  stock,  how  issued.  §  10.  No  corporation  shall 
Issue  preferred  stock  without  the  consent  of  all  the  stock- 
holders. 

Corporation  defined.  §  11.  The  term  corporation,  as 
used  in  this  article,  shall  be  construed  to  include  all  joint 
stock  companies  or  associations  having  any  powers  or 
privileges  not  possessed  by  individuals  or  partnerships. 


11- 

I 


BAILBOADS. 

Discrimination  prohibited — Commutation  tickets.  §  IZ! 
It  shall  not  be  lawful  in  this  State  for  any  railroad  com- 
pany to  charge  for  freight  or  passengers  a  greater  amount, 
for  the  transportation  of  the  same,  for  a  less  distance  than 
the  amount  charged  for  any  greater  distance;  and  suital)le 
laws  shall  be  passed  by  the  general  assembly  to  enforce 
this  provision;  but  excursion  and  commutation  tickets  may 
be  issued  at  special  rates. 

May  construct  and  operate,  connect  and  intersect  otj.er 
lines — Interchange  of  passengers  and  freight  required.  §  13. 
Any  railroad  corporation  or  association,  organized  for  the 
purpose,  shall  have  the  right  to  construct  and  operate  a 
railroad  between  any  points  within  this  State,  and  to  ci>n- 
nect  at  the  State  line  with  railroads  of  other  Stat  is. 
Every  railroad  company  shall  have  the  right,  with  ts 
road,  to  intercept,  connect  with  or  cross  any  other  r;  11- 
road,  and  shall  receive  and  transport  each  the  othe*' 
passengers,  tonnage  and  cars,  loaded  or  empty,  witlu 
delay  or  discrimination.  • 

Railways  public  highways — Laws  against  extortion,  < 
i  14.  Railways  heretofore  constructed,  or  that  may  h€  "6" 
after  be  constructed  In  this  State,  are  hereby  declai  ed 
public  highways,  and  railroad  companies  common  carrie  -s. 
The  general  assembly  shall  pass  laws  to  correct  abui  es 
and  prevent  unjust  discrimination  and  extortion  in  '  he 
rates  of  freight  and  passenger  tariffs  on  the  different  r;  il- 
roads  in  this  State,  and  shall  from  time  to  time  pass  la  vs 
establishing  reasonable  maximum  rates  of  charges  for  i  he 
transportation  of  passengers  and  freight  on  said  railroa  is, 
and  enforce  all  such  laws  by  adequate  penalties. 

Shall  have  public  office  in  this  State — Keep  books  or 
public  inspection — Meetings  of  directors — Reports.  §  15. 
Every  railroad  or  other  corporation,  organized  or  doing  bi  ,sl- 
ness  in  this  State  under  the  laws  or  authority  thereof,  si  all 
have  and  maintain  a  public  office  or  place  in  this  State  or 
the  transaction  of  its  business,  where  transfers  of  st(  ck 
shall  be  made,  and  where  shall  be  kept,  for  public  insieo- 
tlon,  books  in  which  shall  be  recorded  the  amount  of  cap:  tal 
stock  subscribed,  the  names  of  the  owners  of  the  stcik, 
the  amounts  owned  by  them  respectively,  the  amount  of 
stock  paid,  and  by  whom,  the  transfer  of  said  stock,  with 
the  date  of  transfer,  the  amount  of  its  assets  and  liabilit  es, 
and  the  names  and  places  of  residence  of  its  officers,  "^'he 
directors  of  every  railroad  company  shall  hold  one  meetng 
annually  In  this  State,  public  notice  of  which  shall  be  gi'  en 
30  days  previously,  and  shall  report  annually,  under  oi  th, 
to  the  State  auditor,  or  some  ofiicer  designated  by  liw, 
all  of  their  Acts  and  doings,  which  report  shall  include 
such  matters  relating  to  railroads  as  may  be  prescribed  by 
law.  The  general  assembly  shall  pass  laws  enforcing,  by 
suitable  penalties,  the  provisions  of  this  section. 

Property  subject  to  execution  —  No  law  to  be  passed 
exempting.  §  16.  The  rolling  stock  and  all  other  movable 
property  belonging  to  any  railroad  company  or  corporal  ion 
In  this  State  shall  be  considered  personal  property,  and 
shall  he  liable  to  execution  and  sale  in  the  same  manner  as 
the  personal  property  of  individuals;  and  the  general  as- 
sembly shall  pass  no  law  exempting  any  such  property 
from  execution  and  sale. 


Public  Seuvioe  Laws 


771 


Shall  not  consolidate  with  parallel  lines  nor  have  joint 
officers.  §  17.  No  railroad  or  other  corporation,  or  the  les- 
sees, purchasers  or  managers  of  any  railroad  corporation, 
shall  consolidate  the  stock,  property  or  franchises  of  such 
corporation  with,  or  lease  or  purchase  the  works  or  fran- 
chises of,  or  in  any  way  control,  any  railroad  corporation 
owning  or  having  under  its  control  a  parallel  or  competing 
line;  nor  shall  any  officer  of  such  railroad  corporation  act 
as  an  officer  of  any  other  railroad  corporation  owning  or 
having  the  control  of  a  parallel  or  competing  line.  The 
question  whether  railroads  are  parallel  or  competing  lines 
shall,  when  demanded,  be  decided  by  a  Jury,  as  in  other 
civil  issues. 

Consolidation  tvith  foreign  companies.  §  18.  If  any 
railroad  company  organized  under  the  laws  of  this  State 
shall  consolidate,  by  sale  or  otherwise,  with  any  railroad 
company  organized  under  the  laws  of  any  other  State,  or 
of  the  United  States,  the  same  shall  not  thereby  become 
a  foreign  corporation;  but  the  courts  of  this  State  shall 
retain  jurisdiction  in  all  matters  which  may  arise,  as  if 
said  consolidation  had  not  taken  place.  In  no  case  shall 
any  consolidation  take  place,  except  upon  public  notice 
of  at  least  60  days  to  all  stockholders,  in  such  manner  as 
may  be  provided  by  law. 

Retrospective  laws  in  aid  of  corporations  or  imposing 
new  liability  on  the  people  forbidden.  §  19.  The  general 
assembly  shall  pass  no  law  for  the  benefit  of  a  railroad  or 
other  corporation,  or  any  individual  or  association  of  in- 
dividuals, retrospective  In  its  operation,  or  which  imposes 
on  the  people  of  any  county  or  municipal  subdivision  of  the 
State  a  new  liability  in  respect  to  transactions  or  consid- 
erations already  past. 

Street  railroad  franchise,  how  granted  and  transferred. 
%  20.  No  law  shall  be  passed  by  the  general  assembly 
granting  the  right  to  construct  and  operate  a  street  rail- 
road within  any  city,  town,  village,  or  on  any  public  high- 
way, without  first  acquiring  the  consent  of  the  local  au- 
thorities having  control  of  the  street  or  highway  proposed 
to  be  occupied  by  such  street  railroad;  and  the  franchises 
80  granted  shall  not  be  transferred  without  similar  assent 
first  obtained. 

Railroad  corporation — Benefit  of  future  legislation.  §  21. 
No  railroad  corporation  in  existence  at  the  time  of  the 
adoption  of  this  constitution  shall  have  the  benefit  of  any 
future  legislation,  except  on  condition  of  complete  accept- 
ance of  all  the  provisions  of  the  constitution  applicable 
to  railroads. 

Officer  of  railroad  not  to  he  interested  in  furnishing  ma- 
terial or  business.  §  22.  No  president,  director,  ofllcer, 
agent  or  employe  of  any  railroad  company  shall  be  inter- 
ested, directly  or  indirectly,  in  furnishing  material  or 
supplies  to  such  company,  or  in  the  business  of  trans- 
portation as  a  common  carrier  of  freight  or  passengers  over 
the  works  owned,  leased,  controlled  or  worked  by  such 
company. 

Discrimination  between  companies  and  individuals.  §  23. 
No  discrimination  in  charges  or  facilities  in  transportation 
shall  be  made  between  transportation  companies  and  In- 
dividuals, or  in  favor  of  either,  by  abatement,  drawback  or 
otherwise;  and  no  railroad  company,  or  any  lessee,  man- 
ager or  employe  thereof,  shall  make  any  preference  In 
furnishing  cars  or  motive  power. 

Free  passes,  granting  to  public  officers — Forfeiture.  §  24. 
No  railroad  or  other  transportation  company  shall  grant 
free  passes  or  tickets,  or  passes  or  tickets  at  a  discount, 
to  members  of  the  general  assembly,  or  members  of  the 
board  of  equalization,  or  any  State,  or  county,  or  municipal 
officers;  and  the  acceptance  of  such  pass  or  ticket  by  a 
member  of  the  general  assembly,  or  any  such  officer,  shall 
be  a  forfeiture  of  his  oflice. 

STATUTE  LAW. 

RAILBOAD    COMMISSION   ACT. 

(Revised  Statutes,  Missouri,  1909.) 
Railroad  commissioners  —  Election  —  Qualifications. 
J  3250.  At  the  general  election  to  be  held  in  1876,  there 
shall  be  elected  by  the  qualified  voters  of  the  State,  three 
railroad  commissioners,  one  of  whom  shall  be  elected  for 
two  years,  and  one  of  whom  shall  be  elected  for  four  years, 
and  one  of  whom  shall  be  elected  for  six  years;  and  at 


each  general  election,  every  two  years  thereafter,  there 
shall  be  one  railroad  commissioner  elected,  who  shall  hold 
his  office  for  six  years,  and  until  his  successor  is  elected 
and  qualified.  But  no  person  owning  any  bonds,  stock  or 
other  property  in  any  railroad  company,  or  in  the  employ 
of  any  railroad  or  transportation  company,  or  in  any  way 
or  manner  personally  interested  therein,  shall  be  so  ap- 
pointed or  elected;  and  provided,  that  the  governor  shall 
fill  by  appointment  all  vacancies  that  may  occur  in  the 
board  of  railroad  commissioners  by  death,  resignation  or 
removal  from  office;  but  no  such  appointment  shall  be 
for  a  longer  time  than  till  the  next  general  election  there- 
after.    (R.  S.  1899,  §  1198.) 

For  further  provisions  as  to  powers  and  duties  of  com- 
missioners, see  article  2  of  this  chapter. 

Railroad  and  warehouse  commissioners  authorized  to 
fix  freight  rates—Attorney-general  to  enforce  same.  [Amend- 
ed by  Act  approved  March  30,  1911,  to  read  as  follows]: 

§  3251.  The  board  of  railroad  and  warehouse  com- 
missioners are  hereby  authorized,  empowered  and  re- 
quired to  fix,  maintain  and  establish  just  and  reasonable 
freight  rates  on  all  classes  of  freight  from,  and  and  be- 
tween all  points  and  stations  upon  and  along  all  lines  of 
railroad  in  this  State;  and  said  board  is  authorized,  em- 
powered and  required  to  fix,  maintain  and  establish  just 
and  reasonable  reconsigning  charges,  switching  rates  and 
all  other  rates  or  charges  which  may  be  added  to  the  total 
charges  for  the  transportation  of  any  freight  within  this 
State;  and  said  board  is  authorized  and  empowered  to  re- 
duce, change  or  modify  any  and  all  such  freight  rates  so 
fixed  and  established  as  hereinafter  provided.  And  said 
board  may,  of  its  own  volition,  and  shall  upon  the  sworn 
complaint  of  any  shipper,  mayor,  councilman,  alderman  or 
trustee  of  any  city,  town  or  village,  first  giving  five  days' 
written  notice  to  the  railroad  company  affected  or  com- 
plained against,  proceed  to  fix,  establish,  modify  or  reduce 
the  freight  rates  or  charges  of  any  such  road  from,  to  or 
between  any  and  all  points  or  stations  in  Missouri;  and 
any  and  all  orders  fixing,  establishing,  modifying  or  reduc- 
ing any  such  freight  rates  or  charges  shall  be  the  judg- 
ment of  said  board  and  constitute  the  legal  rates  or  charges 
(of)  such  railroad  company  may  collect  for  the  transpor- 
tation of  freight  from,  to  and  between  its  stations  in  Miss- 
ouri; and  said  board  shall  Immediately  upon  the  fixing,  es- 
tablishing, modifying  or  reducing  the  freight  rates  or 
charges  of  any  railroad  company,  notify  such  railroad  in 
writing  thereof;  and  said  railroad  shall  comply  with  the 
orders  and  judgments  of  said  board  with  reference  to  such 
freight  rates  or  charges  within  10  days  after  such  notice. 
And  if  any  railroad  fails  or  refuses  or  neglects  to  put  the 
rates  so  ordered  by  said  board  into  effect  and  operation 
within  10  days  after  notice,  the  board  shall  submit  a  certi- 
fied copy  of  its  order  to  the  attorney-general  of  the  State, 
with  notice  that  such  railroad  (designating  the  same),  has 
failed  to  comply  therewith.  And  the  attorney-general, 
upon  receipt  thereof,  shall  immediately  institute  suit  in  the 
name  of  said  board  of  railroad  and  warehouse  commissioil- 
ers  against  such  railroad,  in  the  Supreme  Court  of  tho 
State,  by  mandamus  or  other  proper  remedy,  to  enforce  said 
order  of  said  board. 

Companies  to  furnish  railroad  commissioners  with  sched- 
ules of  freight  charges — Powers  of  commissioners.  §  3252. 
All  railroad  companies  doing  business  in  this  State  shall, 
upon  the  request  of  the  board  of  railroad  and  warehouse 
commissioners,  furnish  to  said  board  copies  of  all  its  sched- 
ules of  freight  rates  and  charges,  and  all  other  papers  and 
documents,  including  bills  of  lading  and  contracts  for  trans- 
portation of  freight  affecting  in  any  way  the  transporta- 
tion of  freight  within,  into  and  from  this  State.  And  said 
board  shall  have  full  power  and  authority  to  examine  all 
officers,  agents  and  employes  of  said  railroad  companies, 
and  all  other  persons,  under  oath  or  otherwise,  to  procure 
the  necessary  information  to  make  just  and  reasonable 
freight  rates  or  charges,  and  to  ascertain  if  the  freight 
rates  so  fixed  by  said  board  are  being  observed  or  violated. 
And  said  board  shall  have  power  to  administer  oaths,  to 
issue  subpoenas  for  persons  and  papers,  examine  witnesses 
and  to  enforce  the  same  in  like  manner  as  the  Circuit 
Courts  of  this  State.  And  in  the  issuance  and  enforcement 
of  the  papers  and  process  above,  the  jurisdiction  shall  be 
co-extensive  with  the  State.     (Laws  1903,  p.  132.) 

Commissioners  to  enforce  reasonable  rates.     §  3253.     It 


772 


National  Association  of  Railway  Commissioners 


Is  hereby  made  the  duty  of  the  railroad  commissioners  to 
exercise  constant  diligence  in  informing  themselves  of 
the  rates  and  charges  of  common  carriers  engaged  in  the 
transportation  of  freight  from  points  in  this  State  to  points 
beyond  its  limits,  and  from  points  in  other  States  to  points 
In  this  State;  and  whenever  it  shall  come  to  the  knowledge 
of  the  railroad  commissioners,  by  complaint  made  to  them 
or  In  any  other  manner,  that  the  rates  charged  by  any 
such  common  carrier  on  Interstate  business  are  unjust, 
excessive  or  unreasonable,  or  that  such  rates  discriminate 
against  the  citizens  of  this  State,  the  commissioners  shall 
cause  the  facts  thereof  to  be  embodied  in  a  complaint  set- 
ting forth,  in  detail,  the  respect  in  which  the  rate  com- 
plained of  is  unjust,  excessive  or  unreasonable,  and  shall 
file  said  complaint  with  the  Interstate  Commerce  Com- 
mission and  demand  a  hearing  thereof,  and  shall  thereafter 
furnish  testimony  in  support  thereof,  and  diligently  pre- 
sent the  facts  upon  which  such  complaint  is  based.  At  the 
time  of  filing  such  complaint,  the  railroad  commissioners 
shall  give  notice  thereof  to  the  attorney-general,  who  shall 
prosecute  the  same  to  final  determination  before  the  said 
Interstate  Commerce  Commission.     (R.  S.  1899,  §  1199.) 

Powers  of  commissioners,  etc.  §  3254.  Upon  complaint 
being  made  and  filed  against  any  railroad  company,  said 
commissioners  shall  have  power  to  administer  oaths  or 
affirmations,  to  send  for  persons  and  papers,  under  such 
regulations  as  they  may  prescribe,  and  shall  at  any  and 
all  times  have  access  to  any  and  all  books  and  papers  In 
any  railroad  ofllce  kept  for  and  used  in  said  railroad  ofljce 
by  any  railroad  company  in  this  State,  and  if  the  charges 
are  sustained,  the  cost  shall  be  paid  by  the  railroad  com- 
pany, but  if  not  sustained,  then  the  cost  shall  be  paid  by 
the  party  making  the  complaint.     (R.  S.  1899,  §  1200.) 

May  issue  subpoenas,  etc. — How  enforced.  §  3255.  Id. 
Said  railroad  commissioners,  in  making  any  examination, 
as  contemplated  in  this  article,  shall  have  power  to  issue 
subpoenas  for  the  purpose  of  obtaining  information  pur- 
suant to  this  article  for  the  attendance  of  witnesses,  by 
such  rules  as  they  may  prescribe;  and  in  case  any  person 
shall  wilfully  fail  or  refuse  to  obey  such  subpoena,  it  shall 
be  the  duty  of  the  Circuit  Court  or  any  judge  thereof  in 
any  county,  upon  the  application  of  the  said  commissioners, 
to  issue  an  attachment  for  such  witness  and  compel  such 
witness  to  attend  before  the  commissioners,  and  give  his 
testimony  upon  such  matters  as  shall  be  lawfully  required 
by  such  commissioners;  and  said  court  shall  have  power 
to  punish  for  contempt,  as  in  other  cases  of  refusal  to  obey 
the  process  and  order  of  such  court.     (R.  S.  1899,  §  1201.) 

Penalty  for  disobedience  of  process,  etc.  §  3256.  Id. 
Any  person  who  shall  wilfully  neglect  or  refuse  to  obey 
the  process  of  subpoena  issued  by  said  commissioners,  to 
appear  and  testify  as  therein  required,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  liable  to  arraignment 
and  trial  In  any  court  having  competent  jurisdiction,  and, 
on  conviction  thereof,  shall  be  punished  for  such  offense 
by  a  fine  of  not  less  than  $20  nor  more  than  $500,  or  by  im- 
prisonment not  exceeding  30  days,  or  both,  at  the  discre- 
tion of  the  court  before  which  such  conviction  shall  b« 
had.     (R,  S.  1899,  §  1202.) 

Reports  shall  be  printed.  §  3257.  The  annual  reports 
of  the  railroad  commissioners  made  to  the  governor,  as  is 
now  or  as  may  hereafter  be  provided  by  law,  shall  be 
printed  at  the  expense  of  the  State  in  manner  provided  by 
law  for  the  printing  of  other  public  documents.  Three 
thousand  copies  are  hereby  authorized  to  be  printed  and 
bound  annually,  under  the  direction  of  said  commissioners, 
and  to  be  by  them  properly  distributed  throughout  the 
State.     (R.  S.  1899,  §  1203.) 

Commissioners  may  classify  freight,  when.  §  3258.  Said 
railroad  commissioners  shall  have  power  to  classify  all 
articles  of  freight  transported  on  any  railroads  or  parts  of 
railroads  owned,  leased  or  occupied  in  the  State,  except 
the  articles  in  the  special  classes  D,  E,  G  and  H,  placing 
said  articles  in  either  of  the  general  classes  herein  pro- 
vided for,  or  in  any  of  said  special  classes,  except  D,  E,  G 
and  H;  and  are  further  empowered  and  authorizrrf 
to  reduce  said  rates  on  any  of  said  railroads  or  parts  of 
railroads,  either  in  general  or  special  classes,  whenever, 
in  their  judgment,  it  can  be  equitably  done.  (R.  S.  1899, 
I  1204.) 

Powers  and  duties  of  commissioners  as  to  inspection  of 


tracks,  etc.  §  3259.  The  railroad  commissioners  shall,  as 
often  as  they  may  deem  it  necessary,  carefully  examine  the 
condition  of  the  several  railroads  of  this  State;  and  it 
shall  be  the  duty  of  said  railroad  commissioners,  when- 
ever they  have  reasonable  grounds  to  believe — either  on 
complaint  or  otherwise — that  any  of  the  tracks,  bridges  or 
other  structures  of  any  railroads  in  this  State  are  in  a  con- 
dition which  renders  any  of  them  dangerous  or  unfit  for 
the  transportation  of  passengers  with  reasonable  safety, 
to  inspect  and  examine  the  same;  and  if,  on  such  examina- 
tion, in  their  opinion,  or  in  the  opinion  of  a  majority  of 
them,  any  such  track,  bridges  or  other  structure  or  works 
are  unfit  for  the  transportation  of  passengers  with  reason- 
able safety,  it  shall  be  their  duty  to  give  to  the  superintend 
cnt  or  other  executive  officer  of  the  company  working  or 
operating  said  defective  tracks,  bridge  or  other  structure, 
notice  of  the  condition  thereof,  and  of  the  repairs  necessary 
to  place  the  same  in  a  safe  condition;  and  may  also  order 
and  direct  the  speed  of  trains  over  such  dangerous  ard 
defective  track,  bridge  or  other  structure,  until  the  sad 
repairs  are  made,  and  the  time  within  which  the  repaii's 
shall  be  made  by  the  company;  and  if  any  such  superin- 
tendent or  executive  officer  aforesaid,  receiving  such  n> 
tice  and  order,  shall  wilfully  neglect  for  the  period  of  two 
days  after  receiving  such  notice  and  order,  to  direct  tie 
proper  subordinate  officers  to  move  the  passenger  trail » 
over  such  detective  track,  bridge  or  other  structure,  at  thaj 
speed  prescribed  by  the  commissioners,  or  if  any  engineei 
conductor  or  other  employe  of  such  company  shall  disotHl 
•uch  order,  every  such  superintendent,  conductor,  engine^  | 
or  other  employe  shall  be  deemed  guilty  of  a  misdemeanOT 
and,  on  conviction  thereof,  shall  be  fined  in  any  sum  m\ 
exceeding  $500,  or  be  imprisoned  in  the  county  jail  of  til 
proper  county  for  a  period  not  exceeding  one  year,  or  botij 
at  the  discretion  of  the  court;  and  in  case  the  disregaiJ 
of  the  instructions  of  the  commissioners  shall  cause  a^i 
accident  whereby  human  life  shall  be  lost,  or  passengej^ 
maimed  or  wounded,  the  said  superintendent  of  the  s^ 
company  and  the  engineer  and  conductor  in  charge  of  su4 
train  shall  severally  be  deemed  guilty  of  a  felony,  and,  6 
conviction  thereof,  shall  be  imprisoned  in  the  penita 
tiary  for  a  period  of  not  less  than  two  nor  more  than  1 
years;  and  the  commissioners  shall  have  power'  to  whoH 
stop  the  running  of  passenger  trains  over  such  defectW 
track,  bridge  or  other  structure;  and  they  are  hereby  B 
quired,  in  case  any  company  fails  to  repair  such  trad 
bridge  or  other  structure  within  the  time  required,  to  git 
notice  of  such  fact  in  some  newspaper  having  a  general  ci 
culation  along  the  line  of  said  railroad,  to  the  travelli 
public.  And,  furthermore,  said  commissioners  may  recovf 
from  said  railroad  company  the  sum  of  $1,000  for  each  <3 
that  expires  after  the  time  fixed  by  the  commissioners  ; 
the  repair  of  such  defective  track,  bridge  or  other  str 
ture,  for  such  neglect  to  repair  the  same,  unless  good  a 
sufficient  cause  can  be  shown  for  such  failure  to  rep 
such  defective  track,  bridge  or  other  structure,  to  be 
covered  before  any  court  having  competent  jurisdictlQil 
for  the  use  and  benefit  of  the  State  of  Missouri,  after  pdj 
Ing  the  costs  of  the  advertisement  herein  provided  for.  (|J 
S.  1899,  §  1205.) 


lies— P^  J 


Decision  of  commissioners  binding  on  companies- 
alty,  etc.  %  3260.  Any  individual,  company  or  corporatl6ij 
owning,  operating,  managing  or  leasing  any  railroad  or  pal  I 
of  any  railroad  in  this  State,  shall  be  bound  by  the  d|i 
cision  of  the  aforesaid  commissioners  with  teference  Jj 
the  rates  so  fixed  by  said  commissioners,  and  every  violji] 
tlon  by  any  individual,  company  or  corporation  charging,! 
greater  or  higher  rate  shall  be  deemed  a  misdemeanor,  ami 
on  conviction  thereof,  shall  forfeit  and  pay  a  fine  of  not  lef  I 
than  $20  nor  more  than  $200  for  each  and  every  offense;  an  I 
the  injured  party  shall  have  a  right  of  action  against  salq 
Individual,  company  or  corporation  before  any  court 
competent  jurisdiction  in  this  State;  and  he  shall  be  < 
titled  to  recover  three  times  the  amount  taken  or  ( 
manded  in  excess  of  the  rates  prescribed  by  this  artlc 
or  by  the  commissioners  acting  under  the  provisions  jl 
this  article;  but  nothing  herein  contained  shall  be  so  coil 
Btrued  as  in  any  manner  to  abridge  or  control,  or  to  in  all 
way  authorize  the  commissioners  to  abridge  or  control  ol 
regulate  the  rates  for  freight  or  passengers  charged  by 
any  railroad  company  in  this  State  for  carrying  any  freight 
or  passengers  which  come  from  beyond  the  limits  of  this 


p 


Public  Service  Laws 


773 


State,  and  to  be  carried  through  or  across  this  State,  but 
the  said  railroad  and  transportation  companies  shall  pos- 
sess the  same  power  and  right  to  charge  such  rates  for 
carrying  such  through  freight  and  passengers  as  they  pos- 
sessed before  the  passage  of  this  article.  (R.  S.  1899, 
§  1206.) 

The  remedies  given  by  this  article  and  article  2  are  ex- 
clusive, and  quo  loarranto  will  not  lie  to  prevent  the  mak 
ing  of  alleged  unauthorized  charges.  State  ex.  inf.  v.  Ry., 
17G  Mo.  687.  Where  contract  was  for  shipment  between 
two  Missouri  points,  it  was  not  interstate  commerce, 
though  actual  point  of  unloading  was  in  Kansas.  In  action 
based  on  this  section  plaintiff  must  prove  that  the  com- 
missioners have  fixed  a  rate,  and  a  recovery  cannot  be 
had  under  §  3248  without  amending  petition.  Scammon  v. 
Ry.,  41  A.  194.  As  to  what  constitutes  operating  a  railroad, 
see  Nagel  v.  Ry.,  75  Mo.  653. 

Oath  and  hand  of  commissioners.  §  3261.  Before  enter 
ing  upon  the  duties  of  his  office,  each  of  the  said  commis- 
sioners shall  make,  subscribe  and  file  with  the  secretary 
of  State  the  following  oath: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the 
constitution  of  the  United  States  and  the  constitution  of 
the  State  of  Missouri,  and  that  I  will  faithfully  discharge 
the  duties  of  railroad  commissioner  according  to  the  best 
of  my  ability;  that  I  am  not  a  stockholder  in  any  railroad 
or  freight  company,  nor  in  any  way,  directly  or  indirectly. 
In  the  employment  of  or  engaged  in  the  management  of 
any  railroad  or  transportation  company." 

Each  of  said  commissioners  shall  enter  into  a  bond, 
with  security,  to  be  approved  by  the  governor,  in  the  sum 
of  $20,000  conditioned  upon  the  faithful  performance  of  his 
duty.     (R.  S.  1899,  §  1207.) 

Salaries  and  contingent  expenses  of  commissioners. 
I  3262.  The  said  commissioners  shall  each  receive  for  their 
services  $3,000  per  annum,  payable  monthly  out  of  the  State 
treasury;  they  shall  be  furnished  with  an  office,  which 
'  shall  be  at  the  State  capital,  and  at  the  expense  of  the 
State;  and  the  necessary  contingent  expenses  of  said  office 

■  shall  be  paid  monthly  out  of  the  State  treasury,  from  any 
money  appropriated  for  contingent  expenses  of  railroad 
commissioners;  Provided,  that  such  appropriation  shall 
not  exceed  $800  in  any  one  year.  The  said  commissioners 
shall  employ  a  secretary  at  a  salary  of  $2,000  per  annum, 
to  be  paid  monthly  out  of  the  State  treasury;   they  shall 

^  also  adopt  and  use  an  official  seal;  and  a  copy  of  any  of 
their  proceedings,   or  of   any  documents   on   file    in   their 

■  effice,  duly  certified,  shall  be  taken  as  evidence  in  the 
courts  of  this  State.     (R.  S.  1899,  §  1208,  amended.  Laws 

t  1905,  p.  114.) 

Construction  of  article.     §  3263.     Nothing  contained  In 
this  article  shall  be  so  construed  as  to  release  any  such 
railroad  corporations  enumerated  in  this  article  from  lia- 
bility for  damages,  as  provided  by  the  laws  now  in  force. 
(R.  S.  1899,  §  1209.) 
1        Branch  railroad  to  make  connection  in  certain  cities — 
I'  Power  and  duty  of  commissioners.     §  3264.     Whenever  two 
I  or  more  branch  railroads,  each  not  to  exceed  25  miles  in 
j  length,   shall  terminate   in  a  city  having  a  population   of 
i  more  than  5,000  and  less  than  20,000  inhabitants,  it  shall 
be  the  duty  of  the  railroad  and  warehouse  commissioners 
.  to  require  the  companies  operating  such  branch  railroads 
i  to  run  and  operate  their  passenger  and  mixed  trains,  so 
I  as  to  make  reasonable  daily  connection  with  the  passenger 
j  trains  on  the  main  or  trunk  lines  of  said  railroad  company 
I  or  companies,  and  to  fix  the  time  of  the  arrival  and  depart- 
!  ure  of  their  trains  on  said  branch  railroad  so  as  to  cause 
as  little  delay  as  practicable  for  passengers  and  the  travel- 
ing public,   where  the  same  can  be  done  without  serious 
detriment  to  the  business  of  said  company  or  companies; 
provided,   said   commissioners   shall   have   power  to   deter- 
mine the  number  of  daily  trains  to  run  on  said  railroad; 
and  provided,  further,  that  whenever  more  than  two  dally 
trains  in  any  one  direction  are  run  on  any  such  branch 
railroad,    not    more    than    12    hours    shall    intervene    be- 
tween the  running  of  trains  in  the  same  direction.     (Laws 
1905,  p.  108.) 

I  To  construct  and  maintain  depots.  §  3265.  Id.  It 
'  shall  be  the  duty  of  said  commissioners  to  require  the  com- 
panies operating  such  branch  railroads  to  build,  construct 
'  and  maintain  passenger  and  freight  depots  at  such  terminal 
I  points  suitable  and  sufficient  to  reasonably  accommodate 


the  traveling  public,  and  those  having  business  with  said 
companies.     (Laws  1905,  p.  108.) 

Commissioners  to  require  connecting  or  intersecting 
railroads  to  make  reasonal)le  daily  connections.  §  3266. 
M^henever  two  or  more  railroads  run  and  operated  in  this 
State  shall  connect  with  or  intersect  with  each  other  and 
where  a  passenger  depot  shall  be  located,  fail  to  run  their 
passenger  trains  so  as  to  connect  with  each  other.  It  shall 
be  the  duty  of  the  railroad  and  warehouse  commissioners 
to  require  such  companies  to  so  run  and  operate  their  pas- 
senger trains  as  to  make  reasonable  daily  connections 
with  each  other  in  the  arrival  and  departure  of  their 
trains  so  as  to  cause  as  little  delay  as  practicable  for  pas- 
sengers, when,  in  the  judgment  of  said  commissioners, 
such  connection  can  be  made  without  serious  detriment 
to  the  business  of  such  companies,  or  either  or  any  of 
them,  and  when  such  connection  will  not  seriously  con- 
flict with  other  more  important  or  necessary  connections 
on  the  line  of  either  or  any  of  said  roads.  (R.  S.  1899, 
§  1210,  amended.  Laws  1905,  p.  101.) 

Commissioners  authorized  to  act,  how  and  tvhen.  §  3267. 
In  enforcing  the  provisions  of  §§  3266  to  3270  inclusive, 
the  commissioners  are  fully  authorized  to  determine  how 
such  connection  shall  be  made,  when  the  same  cannot  be 
agreed  upon  by  the  companies  Interested,  and  to  settle  and 
determine  all  differences  between  said  companies  in  rela- 
tion thereto,  making  all  their  proceedings  under  said  sec- 
tions a  matter  of  record.     (R.  S.  1899,  §  1211.) 

Commissioners  to  institute  inquiry — Notice,  etc.  §  3268. 
Upon  written  complaint  by  three  or  more  adult  male  resi- 
dents of  any  county  in  the  State,  where  a  line  of  railroad  is 
being  run  and  operated,  which  connects  with  or  intersects 
another  road,  that  such  roads  fail  to  make  connection  in 
running  and  operating  their  passenger  trains,  filed  with 
said  board  of  commissioners,  said  board  shall  Institute  in- 
quiry as  to  the  public  necessity  and  feasibility  of  such 
connection,  and  shall  give  at  least  10  days'  notice  to  some 
officer  or  agent  of  the  companies  interested,  and  to  one  or 
more  of  the  complaints,  of  the  day  fixed  for  the  hearing  of 
the  complaint.     (R.  S.  1899,  §  1212.) 

Commissioners'  acts — Order  of  record — Notice  to  com- 
pany. §  3269.  Upon  such  investigation,  if  the  commission- 
ers shall  be  of  the  opinion  that  the  companies  should  oper- 
ate their  roads  so  as  to  make  connection  as  provided  in 
§§  3266  to  3270,  inclusive,  they  should  make  an  order  of 
record  to  that  effect,  and  give  the  companies  notice  of  such 
order,  and  naming  a  day  In  such  order  and  notice  when 
such  connection  shall  begin.     (R.  S.  1899,  §  1213.) 

Penalty  for  failure  to  o'bey  orders.  §  3270.  Any  railroad 
company  or  companies  failing  and  refusing  to  make  con- 
nection of  their  trains  as  required  by  the  order  of  the 
railroad  commissioners  and  §§  3266  to  3270,  inclusive,  or 
shall  otherwise  violate  the  provisions  of  said  sections,  shall 
bo  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  a  fine  not  less  than  $100,  nor  more  than  $1,000  for  each 
and  every  day  they  shall  fail  to  make  connection  of  their 
trains  as  required  by  said  order  and  said  sections,  to  be 
recovered  by  indictment  or  information  preferred  in  the 
county  where  such  roads  connect  with,  or  intersect  each 
other,  and  where  such  connection  is  required  to  be  made; 
and  a  certified  copy  of  the  order  of  the  board  of  railroad 
and  warehouse  commissioners  at  the  hands  of  the  secretary 
shall  be  received  in  all  courts  as  evidence  of  the  same. 
(R.  S.  1899,  §  1213.) 

Commissioners  to  require  companies  to  connect  tracks 
— When.  §  3271.  The  railroad  and  warehouse  commission- 
ers are  hereby  authorized  and  empowered,  whenever  in 
their  judgment  the  public  interest  demands  it,  to  require 
railroad  companies  whose  rights  of  way  join  or  whose 
tracks  are  within  100  feet  of  each  other,  whether  such 
rights  of  way  or  tracks  belong  to  different  companies  or 
the  same  company,  the  conditions  being  such  as  to  enable 
a  connection  to  be  made  between  such  tracks,  on  a  grade 
common  to  each,  and  the  necessary  right  of  way  obtained 
or  granted,  to  connect  their  tracks  so  as  to  receive  and 
Interchange  cars,  one  company  with  and  from  the  other, 
when  requested  by  shippers  desiring  to  ship  freight  in  car 
load  lots  from  a  point  on  one  line  to  a  point  on  such  line 
so  required  to  be  connected.  (R.  S.  1899,  §  1215,  amended. 
Laws  1909,  p.  367.) 

Notice  to  companies  of  intention  to  make  order.    §  3272. 


774 


National  Association  of  Railway  Commissioners 


Before  said  commissioners  shall  issue  an  order  requiring 
a  connection  to  be  made  as  provided  in  §§  3266  or  3271 
of  this  article,  they  shall  give  the  railroad  company  or 
companies  interested  at  least  10  days'  notice  of  their  In- 
tention to  issue  such  order,  so  that.  If  desired  by  said 
company  or  companies,  a  hearing  of  the  matter  may  be 
had  by  the  commissioners.  (R.  S.  1899,  §  1216,  amended, 
Laws  1909,  p.  367.) 

Expenses  of  making  connection — Sow  divided.  §  3273. 
The  cost  of  connections  authorized  by  this  article,  when 
required  to  be  made  between  the  tracks  of  different  com- 
panies, shall  be  divided  by  the  commissioners  between  the 
companies  whose  tracks  are  connected  in  such  proportion 
as  they  may  iind  to  be  equitable.  (R.  S.  1899,  §  1217, 
amended,  Laws  1909,  p.  367.) 

Penalty  for  failure  to  comply  with  order.  §  3274.  For 
failure  on  the  part  of  any  railroad  company  to  comply  with 
an  order  of  the  commissioners  requiring  a  train  connection 
to  be  made  as  provided  in  §  3266  of  this  article,  or  a  track 
connection  to  be  made  as  provided  in  §  3271  of  this  article, 
such  railroad  company  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  fined  $25  per 
day  for  each  and  every  day  after  the  expiration  of  the 
time  designated  by  said  commissioners  in  their  order  for 
the  completion  of  such  connection;  the  said  penalty  to  be 
recovered  in  an  action  in  the  name  of  the  State  of  Missouri, 
at  the  relation  of  said  commissioners,  before  any  court  of 
competent  jurisdiction  in  the  county  where  such  neglect 
or  failure  may  occur.  (R.  S.  1899,  §  1218,  amended.  Laws 
1909,  p.  367.) 

Railroads  required  to  give  reasonable  convenient  service 
at  all  stations.  §  3275.  Whenever  any  railroad,  run  and 
operated  in  this  State,  shall  fail  to  provide  the  traveling 
public  at  any  of  the  stations  along  its  line  with  proper  and 
adequate  service  in  the  transportation  of  passengers,  by 
day  or  night,  caused  by  the  failure  of  the  railroad  to  stop 
its  passenger  trains  at  any  such  station,  it  shall  be^he 
duty  of  the  railroad  and  warehouse  commissioners,  when 
such  matter  shall  have  been  duly  brought  before  them,  to 
require  such  company  or  companies  to  stop  any  and  all 
such  trains  as  in  the  judgment  of  the  commissioners  may 
be  necessary  to  provide  the  public,  at  any  such  stations, 
with  a  reasonably  convenient  service  in  passenger  trans- 
portation.    (Laws  1905,  p.  104.) 

Powers  of  commissioners  in  enforcing  Act.  §  3276.  In 
enforcing  the  provisions  of  §§  3275  to  3280,  inclusive,  the 
commissioners  shall  have  the  power  to  compel  the  railroad 
companies  to  make  any  alteration  in  their  time  cards  that 
may  be  necessary  for  the  safety  of  the  passengers  and  in 
compliance  with  the  order  of  the  commissioners.  (Laws 
1905,  p.  104.) 

Inquiry  to  6e  made  upon  complaint  of  residents  of  sta- 
tion. §  3277.  Upon  written  complaint  signed  by  10  or  more 
adult  male  citizens  who  reside  at  any  station,  that  any 
railroad  or  railway  company  fails  to  stop  a  sufficient  number 
of  its  passenger  trains,  and  at  proper  times,  to  meet  the 
necessities  of  the  traveling  public  at  said  station,  said  com- 
missioners shall  institute  inquiry  as  to  the  public  necessity 
of  ordering  said  trains  to  be  stopped,  and  shall  give  at  least 
10  days'  notice  to  some  officer  or  agent  of  the  company  or 
companies  interested;  and  to  one  or  more  of  the  complain- 
ants, of  the  day  and  place  fixed  for  the  hearing  of  the 
complaint.     (Laws  1905,  p.  104.) 

Duty  of  commissioners  after  investigation.  §  3278. 
Upon  such  inquiry  and  investigation,  if  the  commissioners 
shall  be  of  the  opinion  that  the  stopping  of  any  certain 
train  or  trains  at  any  such  station  is  necessary  in  order 
to  provide  passengers  at  said  station  with  a  reasonably  ade- 
quate and  convenient  service,  they  shall  make  an  order 
of  record  of  their  finding  to  that  effect  and  give  the  com- 
pany or  companies  notice  of  such  order,  and  shall  name 
a  day  in  said  order  and  notice  when  such  order  shall  take 
effect,  said  day  not  to  be  postponed  more  than  20  days 
from  the  date  of  the  finding.     (Laws  1905,  p.  104.) 

Effect  and  force  of  order  of  commissioners.  §  3279.  No 
order  of  the  commissioners  requiring  any  railroad  or  rail- 
way company  to  stop  any  train  or  trains  for  passengers  at 
any  station  shall  be  stayed,  suspended  or  annulled  except 
by  final  decree  of  a  court  of  competent  jurisdiction,  and  the 
said  order  of  the  commissioners  shall  be  binding  and  in 
full  force  pending  appeal,  and  the  said  company  or  com- 


panies shall  be  subject  to  the  penalty  prescribed  in  the 
following  section  for  every  violation  of  said  order  during 
appeal.     (Laws  1905,  p.  104.) 

Penalty.  §  3280.  Any  railroad  or  railway  company  fall- 
ing and  refusing  to  stop  any  train  or  trains  at  any  such 
station,  when  required  by  the  order  of  the  commissioners 
80  to  do,  shall  be  punished  by  a  fine  of  not  less  than  $100 
nor  more  than  $500,  to  be  recovered  by  indictment  or  in- 
formation in  the  county  where  the  order  was  violated; 
and  a  certified  copy  of  the  order  of  the  board  of  railroad 
and  warehouse  commissioners  at  the  hands  of  the  secretary 
shall  be  received  in  all  courts  as  evidence  of  the  same. 
(Laws  1905,  p.  104.) 

Orders  made  tiy  commissioners,  effect  of.  §  3281.  All 
orders  of  the  board  of  railroad  and  warehouse  comrois- 
sioners,  when  made  in  accordance  with  the  powers  con- 
ferred upon  them  by  the  laws  of  this  State,  shall  be  in 
force  and  effect  until  overruled  or  modified  on  a  final  hear- 
ing by  a  court  of  competent  jurisdiction.  Such  orders  shall 
likewise  be  in  effect  pending  an  appeal  of  any  case  from 
the  lower  courts  to  the  higher  courts,  unless  a  supersedeas 
bond  be  given,  as  hereinafter  provided.  (Laws  1907.  p. 
386.) 

Penalties  cumulative.  §  3282.  In  case  the  ruling  of  iny 
court  of  competent  jurisdiction  shall  sustain  any  ordei  of 
the  commissioners  as  provided  for  in  §  3281,  the  penal  ies 
hereinafter  provided  for  shall  continue  to  accumulate  md 
be  collectible  for  each  day's  violation,  unless  the  psrty 
appealing  shall  give  a  supersedeas  bond  for  the  payment 
of  all  penalties  that  have  accrued  or  may  accrue  during 
the  pendency  of  the  appeal;  and  upon  the  giving  of  s  ich 
bond  the  collection  or  enforcement  of  such  penalty  shall  be 
suspended  until  such  appeal  is  determined:  Provided,  tiat 
if  the  order  of  the  board  be  sustained  by  the  higher  cc  urt 
or  courts  of  last  resort,  on  appeal,  then  the  penalties  for 
every  violation  pending  the  appeal,  and  those  accrued  be- 
fore, shall  all  immediately  become  due  and  payable,  ;  nd 
shall  be  assessed  against  the  party  appealing,  on  mot  on, 
in  the  court  from  which  said  appeal  was  taken,  and  all 
penalties  so  collected  shall  be  paid  into  the  general  scl  ool 
fund  of  the  county  in  which  said  cause  is  pending.  (Li  ws 
1907,  p.  386.)  .  ^ 

Certified  copy  of  order,  prima  facie  evidence.    §  3281  H 
certified  copy  of  the  order  of  the  board   of  railroad  ;  Wf 
warehouse   commissioners,   attested   by  its   secretary     nd 
its  official  seal,  shall  be  received  in  all  courts  of  this  Si  ite 
as  prima  facie  evidence  of  the  facts  stated  therein.     (Li  ws 
1907,  p.  386.) 

Penalty  for  failure  to  comply  with  orders.  §3284.  .^ny 
corporation,  copartnership  or  individual,  or  associatior  of 
individuals  refusing  to  comply  with  the  orders  of  i  aid 
commissioners,  made  in  accordance  with  the  provisi  ms 
of  law,  shall  be  subject  to  a  penalty  of  not  exceeding  5500 
for  each  day  that  he  or  it  so  fails  or  refuses  to  con  ply 
with  such  orders.  Such  penalties  may  be  recovered  ii  a 
civil  proceeding  to  be  instituted  in  any  court  of  compel  ent 
jurisdiction  in  the  name  of  the  State  of  Missouri,  at  the 
relation  and  to  the  use  of  said  commissioners.  Said  )ro- 
ceedings  to  be  instituted  by  the  attorney-general  or  pr  ise- 
cuting  attorney  of  the  county  in  which  the  violation  takes 
place,  at  the  request  of  said  commissioners,  or  may  be 
instituted  by  special  counsel  to  be  selected  by  the  com  nis- 
sioners,  and  such  special  counsel  shall  receive  as  his  (om- 
peusation  for  such  service  such  per  cent  of  the  amt  unt 
collected  as  shall  be  fixed  by  the  court  trying  the  sai 
not  to  exceed  25  per  cent  thereof.  (Laws  1907,  p.  386ji 
Construction  of  Act.  §3285.  The  four  preceding" 
tions  shall  not  have  the  effect  of  repealing  any  law  now 
force  providing  for  the  enforcement  of  the  orders  of  the 
board  of  railroad  and  warehouse  commissioners,  or  im- 
posing penalties  for  the  violation  thereof.  (Laws  190', 
386.) 


I  tail 

'I 


QENEBAL  PROVISIONS. 


90,  ,  p. 


Shipments  of  grain  in  bulk.  §  3153.  Every  railroad  CCT- 
poration  which  shall  receive  any  grain  in  bulk  for  trans- 
portation to  any  place  within  the  State  shall  transport  and 
deliver  the  same  to  any  consignee,  elevator,  warehouse 
or  place  to  whom  or  to  which  it  may  be  consigned 
and  directed:  Provided,  such  person,  warehouse  or  place 
can  be  reached  by  any  track,  owned,  leased  or  used, 
or  which  can  be  used  by  such  corporation;  and  every  such 


Public  Service  Laws 


775 


corporation  shall  permit  connections  to  be  made  and  main- 
tained with  its  track  to  and  from  any  and  all  public  ware- 
houses where  grain  is  or  may  be  stored.  Any  such  corpora- 
tion neglecting  or  refusing  to  comply  with  the  requirements 
of  this  section  shall  be  liable  to  all  persons  injured  thereby 
(or  all  damages  which  they  may  sustain  on  that  account, 
whether  such  damages  result  from  any  depreciation  in  the 
value  of  such  property,  by  such  neglect  or  refusal  to  de- 
liver such  grain  as  directed,  or  in  loss  to  the  proprietor  or 
manager  of  any  public  warehouse  to  which  it  is  directed 
to  be  delivered,  and  costs  of  suit,  including  such  reason- 
able attorney's  fees  as  shall  be  taxed  by  the  court.  And 
in  case  of  any  second  or  later  refusal  of  such  railroad  cor 
poration  to  comply  with  the  requirements  of  this  section, 
such  corporation  shall  be,  by  the  court,  in.  an  action  on 
which  such  failure  or  refusal  shall  be  found,  adjudged  to 
pay,  for  the  use  of  the  people  of  this  state,  a  sum  of  not 
less  than  1,000  nor  more  than  $5,000,  for  each  and  every 
such  failure  or  refusal,  and  this  may  be  a  part  of  the  judg- 
ment of  the  court  in  any  second  or  later  proceeding  against 
such  corporation.  In  case  any  railroad  corporation  shall 
be  found  guilty  of  having  violated,  failed  or  omitted  to 
observe  and  comply  with  the  requirements  of  this  section, 
or  any  part  thereof,  three  or  more  times,  it  shall  be  lawful 
for  any  person  interested  to  apply  to  a  court  of  competent 
jurisdiction,  and  obtain  the  appointment  of  a  receiver  to 
take  charge  of  and  manage  such  railroad  corporation  until 
all  damages,  penalties,  cost  and  expenses  adjudged  against 
such  corporation  for  any  and  every  violation  shall,  together 
with  interest,  be  fully  satisfied.     (R.  S.  1899,  §  1113.) 

Consignments  to  elevators,  etc.,  declared  temporary. 
§  3154.  All  consignments  of  grain  to  any  elevator  or  public 
warehouse  shall  be  held  to  be  temporary,  and  subject  to 
change  by  the  consignee  or  consignor,  at  any  time  previ- 
ous to  the  actual  unloading  of  such  property  from  the  cars 
in  which  it  is  transported.  Notice  of  any  change  in  con- 
signment may  be  served  by  the  consignee  on  any  agent  of 
the  railroad  corporation  having  the  property  in  possession, 
who  may  be  in  charge  of  the  business  of  such  corporation 
at  the  point  where  such  property  is  to  be  delivered; and  If 
after  such  notice,  and  while  the  same  remains  uncanceled, 
such  property  is  delivered  in  any  way  different  from  such 
altered  or  changed  consignment,  such  railroad  corporation 
shall,  at  the  election  of  the  consignee  or  person  entitled 
to  control  such  property,  be  deemed  to  have  illegally 
appropriated  such  property  to  its  own  use,  and  shall  be 
liable  to  pay  the  owner  or  consignee  of  such  property  the 
value  of  the  property,  and  shall  forfeit  and  pay  to  the  owner 
or  consignee  the  sum  of  $25,  to  be  recovered  by  civil  action 
before  any  court  of  competent  jurisdiction;  and  no  extra 
charge  shall  be  permitted  by  the  corporation  having  the 
custody  of  such  property  in  consequence  of  such  change  of 
consignment.     (R.  S.  1899,  §  1114.) 

Time  allowed  for  removing  grain  from  cars.  §  3165. 
Any  consignee  or  person  entitled  to  receive  the  d«livery 
of  grain  transported  in  bulk  by  any  railroad  shall  have 
48  hours,  free  of  expense,  after  actual  notice  of  arrival 
by  the  corporation  to  the  consignee,  in  which  to  remove 
the  same  from  the  cars  of  such  railroad  corporation  If 
he  shall  desire  to  receive  it  from  the  cars  on  the 
track,  which  48  hours  shall  be  held  to  embrace  such 
time  as  the  car  containing  such  property  is  placed 
and  kept  by  such  corporation  in  a  convenient  and  proper 
place  for  unloading.  And  it  shall  not  be  held  to  have 
been  placed  in  a  proper  place  for  unloading  unless  it  can 
be  reached  by  the  consignee  or  person  entitled  to  receivo 
it,  with  teams  or  otner  suitable  means  for  removing  the 
property  from  the  car,  and  reasonably  convenient  to 
'  the  depot  of  such  railroad  corporation  at  which  it  is  ac- 
customed to  receive  and  unload  merchandise  consigned 
to  that  station  or  place.  Nothing  herein  contained,  how- 
ever, shall  be  held  to  authorize  the  changing  of  any  con- 
signment of  grain  except  as  to  the  place  at  which  It  is 
to  be  delivered  or  unloaded,  nor  shall  such  change  of 
consignment  in  any  degree  affect  the  ownership  or 
; control  of  property  in  any  other  way.  (R.  S.  1899, 
|§]n5,  amended,  Laws  1909,  p.  361.) 

I  No  discrimination  allowed  in  shipping  grain — Orain  to 
|6e  weighed  and  shortage  made  up.  §  3156.  Every  railroad. 
I  corporation  chartered  by  or  organized  under  the  laws 
jOf  this  State,  or  doing  business  within  the  limits  of  the 
same,   when   desired   by   any   person   wishing  to  ship  any 


grain  over  its  road,  shall  receive  and  transport  such 
grain  in  bulk  or  otherwise,  within  a  reasonable  time, 
and  load  the  same  either  upon  its  track,  at  its  depot, 
or  at  any  warehouse  adjoining  Its  track  or  side  track, 
without  distinction,  discrimination  or  favor  between  one 
shipper  and  another,  and  without  distinction  or  discrim- 
ination as  to  the  manner  in  which  such  grain  is  offered 
to  it  for  transportation,  or  as  to  the  person,  warehouse 
or  place  to  whom  or  to  which  it  may  be  consigned;  and 
at  all  stations  where  scales  are  required  to  be  kept, 
at  the  time  such  grain  is  received  by  it  for  transpor- 
tation, such  corporation  shall  carefully  and  correctly 
weigh  the  same,  and  issue  to  the  shipper  thereof  a  re- 
ceipt or  bill  of  lading  for  such  grain,  in  which  shall  be 
stated  the  true  and  correct  weight,  and  such  corporation 
shall  weigh  out  and  deliver  to  such  shipper,  his  con- 
signee or  other  person  entitled  to  receive  the  same,  at 
the  place  of  delivery,  the  full  amount  of  such  grain, 
without  any  deduction  for  leakage,  shrinkage  or  other  loss 
in  the  quantity  of  the  same,  except  that  one-halt  of 
1  per  cent  shall  be  allowed  for  leakage,  shrinkage  or 
other  loss  on  bulk  grain.  In  default  of  such  delivery, 
the  corporation  so  failing  to  deliver  the  full  amount 
of  such  grain  shall  pay  to  the  person  entitled  thereto 
the  full  market  value  of  any  such  grain  not  delivered 
at  tl'e  time  and  place  when  and  where  the  same  should 
have  been   delivered.      (R.   S.   1899,   §  1116.) 

Scales  for  weighing  by  carloads  to  he  erected,  where — 
Penalty  for  refusal.  §  3157.  At  all  stations  or  places  from- 
which  the  shipment  of  grain  by  the  road  of  any  such  cor- 
poration shall  have  amounted,  during  the  previous  year, 
to  fifty  thousand  bushels  or  more,  such  corporation  shall 
erect  and  keep  in  good  condition  for  use,  and  use  in 
weighing  grain  to  be  shipped  over  its  road,  true  and  cor- 
rect scales,  of  proper  structure  and  capacity,  for  the 
weighing  of  grain  by  carload  in  their  cars.  Such  cor- 
poration shall  carefully  and  correctly  weigh  each  car 
upon  which  grain  shall  be  shipped  from  such  place  or 
station,  both  before  and  after  the  same  is  loaded,  and  as- 
certain and  receipt  for  the  true  amount  of  grain  so 
shipped.  If  any  such  corporation  shall  neglect  or  refuse 
to  erect  and  keep  in  use  such  scales,  or  shall,  upon  re- 
ceipt by  it  of  any  grain  for  transportation,  neglect  or 
refuse  to  weigh  and  receipt  for  the  same,  as  aforesaid, 
the  sworn  statement  of  the  shipper  or  his  agent,  having 
personal  knowledge  of  the  amount  of  grain  so  shipped, 
shall  be  taken  as  true  as  to  the  amount  so  shipped; 
and  in  case  of  neglect  or  refusal  of  any  such  corporation, 
upon  the  delivery  by  them  of  any  grain,  to  weigh  the 
same  as  aforesaid,  the  sworn  statement  of  the  person 
to  whom  the  same  was  delivered,  or  his  agent,  having 
personal  knowledge  of  the  weight  thereof,  shall  be  taken 
as  true  as  to  the  amount  delivered;  and  if  by  such  state- 
ment it  shall  appear  that  such  corporation  has  failed 
to  deliver  the  amount  so  shown  to  be  shipped,  such  cor- 
poration shall  be  liable  for  the  shortage,  and  shall  pay 
to  the  person  entitled  thereto  the  full  market  value  of 
such  shortage  at  the  time  and  place  when  and  where 
the  same  should  have  been  delivered.  In  case  any  rail- 
road corporation  shall  neglect  or  refuse  to  comply  with 
any  of  the  requirements  of  the  preceding  section.  It 
shall,  in  addition  to  the  penalties  therein  provided,  tor-. 
felt  and  pay  for  every  such  offense,  and  for  each  and  every, 
day  such  refusal  or  neglect  is  continued,  the  sum  of 
$100,  to  be  recovered  in  an  action  of  debt  before  any 
court  of  competent  jurisdiction,  in  the  name  of  the 
State  of  Missouri — such  penalty  or  forfeiture  to  be  paid 
to  the  county  in  which  the  suit  is  brought — and  shall 
also  be  required  to  pay  all  costs  of  the  prosecution, 
including  such  reasonable  attorney's  fees  as  may  be 
assessed  by  the  court  before  whom  the  case  may  be 
tried.    (R.    S.    1899,    §1117.) 

To  deliver  and  receive  freight  at  crossing  of  other  roads 
— To  maintain  switches — Penalty  for  failure.  %  3158.  Every 
railroad  corporation  organized  or  doing  business  under 
the  laws  of  this  State,  or  authority  thereof,  shall  receiva 
and  deliver  all  grain  and  other  freight  consigned  to  its 
care  for  transportation  jit  the  crossings  and  junctions  • 
of  all  other  railroads,  canals  and  navigable  rivers;  and 
shall,  at  all  cities  and  towns  along  the  line  of  their 
railroad  having  a  population  of  two  hundred  inhabitants 
or  more,  construct  and  maintain  switches  and  freight 
houses    for   the    receipt   and   delivery   of   grain   and   other 


776 


National  Association  of  Eailway  Commissioners 


freight  that  may  be  tendered  such  railroad  corporation 
for  transportation;  and  shall  stop  at  least  one  train 
daily  thereat  to  receive  and  unload  freight.  And  when- 
ever in  the  opinion  of  the  railroad  and  warehouse  com- 
missioners the  amount  of  business  is  sufficient  to  justify 
the  same,  such  railroad  corporation  shall  maintain  a 
freight  agent  for  the  purpose  of  receiving  and  delivery 
of  grain  and  other  freight.  Any  railroad  corporation 
failing  or  refusing  to  comply  with  the  provisions  of  this 
section  after  30  days'  notice  given,  shall  forfeit  and  pay 
to  the  good  roads  fund  of  this  State  the  sum  of  $10 
for  each  day  they  shall  so  fail  or  refuse  to  comply  with 
the  provisions  of  this  section,  to  be  recovered  in  any 
court  of  competent  Jurisdiction  by  civil  action  brought 
in  the  name  of  the  State  by  the  prosecuting  attorney 
of  the  county  wherein  such  failure  or  refusal  occurs. 
(R.   S.  1899,  §1118,  amended,  Laws  1905,  p.  113.) 

Private  switches,  where — Penalty.  §  3159.  Any  person 
or  corporation  owning  or  operating  any  coal,  lead,  iron 
or  zinc  mine,  or  any  other  ore,  or  any  saw-mill  or  other 
industry,  whenever  in  the  opinion  of  the  railroad  commis- 
sioners the  amount  of  business  is  sufficient  to  justify 
the  same,  near  or  within  a  reasonable  distance  of  any 
railroad  track,  may,  at  their  or  its  expense,  build  and 
keep  in  repair  a  switch  leading  from  such  railroad  to 
such  mine,  saw-mill  or  other  industry;  such  railroad 
company  shall  be  required  to  furnish  the  switch-stand 
and  frog  and  other  necessary  material  for  making  con- 
nection with  its  track,  and  shall  make  such  connection — ■ 
the  party  owning  such  mine,  saw-mill  or  other  industry 
to  pay  the  actual  cost  thereof;  and  if  any  railroad  com- 
pany after  demand  is  made,  shall  refuse  to  furnish  said 
material  for  making  said  connection  and  put  the  same  In 
place,  or  after  the  building  of  such  switch  shall  fail 
or  refuse  to  operate  the  same,  such  railroad  company 
falling  and  refusing  shall  forfeit  and  pay  to  the  party  or 
corporation  aggrieved  the  sum  of  $500  for  each  and  every 
such  offense,  together  with  a  reasonable  attorney's  fee, 
to  be  recovered  by  civil  action  in  any  court  of  competent 
jurisdiction;  and  every  day  of  such  refusal  on  the  part 
of  any  railroad  company  to  operate  such  switch  as  afore- 
said, after  demand  is  so  made,  shall  be  deemed  a  sepa- 
rate offense.     (R.  S.  1899,  §  1119.) 

Upon  failure  to  furnish  cars,  shippers  may  furnish  them, 
— Penalty  for  failure  to  return.  §  3160.  Whenever  any  rail- 
road corporation  shall  fail,  neglect  or  refuse  to  furnish, 
within  a  reasonable  time  after  demand  of  a  station 
agent,  sufficient  cars  to  supply  any  party  desir- 
ing to  ship  property,  then  such  party  shall  have  the 
right,  to  furnish  cars,  which  shall  be  switched  and  hauled 
to  their  destination  without  unreasonable  delay  or  dis- 
crimination in  any  manner  between  such  cars,  and  cars 
belonging  to  the  corporation  or  any  other  person.  Any 
party  furnishing  cars  as  aforesaid  shall  pay  to  the  rail- 
road corporation  a  reasonable  compensation  for  the  serv- 
ice rendered,  and  in  case  an  agreement  cannot  be  reached 
as  to  such  compensation,  the  railroad  commissionera 
shall  fix  the  same,  and  when  such  compensation  has 
/  been  so  fixed,  it  shall  be  prima  facie  evidence  that  the 
same  is  reasonable.  Any  railroad  company  failing  or  re- 
fusing to  transport  and  return  the  cars  furnished  by 
Bald  party  or  corporation  mentioned  in  this  section, 
shall  pay  to  the  party  or  corporation  aggrieved  the  sum 
of  $500  for  each  and  every  such  offense,  together  with  a 
reasonable  attorney's  fee,  to  be  recovered  by  civil  action 
In  any  court  of  competent  jurisdiction,  and  every  day  of 
Buch  refusal  on  the  part  of  any  railroad  company  to 
transport  and  return  such  cars  as  aforesaid  after  demand 
IB  made,  shall  be  deemed  a  separate  offense.  (R.  S.  1899, 
81120.) 

No  officer  of  railroad  shall  furnish  it  with  supplies  on 
his  own  account — Penalty.  §  3161.  No  president,  director 
officer,  agent  or  employe  of  any  railroad  company,  or 
other  corporation  operating  a  railroad,  shall  hereafter 
be  interested  in  any  manner,  directly  or  indirectly.  In 
furnishing  materials  or  supplies  to  such  company;  nor 
shall  any  such  officer,  agent  or  employe  of  any  railroad 
company,  or  other  corporation  owning,  controlling  or 
managing  a  railroad,  be  interested,  directly  or  Indi- 
rectly, in  the  business  of  transportation  as  a  common 
carrier  of  freight  or  passengers  over  the  works  owned, 
leased,  controlled  or  operated  by  the  corporation  or  asso- 
ciation of  which  he  is  an  officer,  agent  or  employe.    Any 


president,  director,  officer,  agent  or  employe  of  any 
Buch  railroad  company  who  shall  violate  any  of  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in 
a  sum  of  not  less  than  $206  nor  more  than  $1,000,  or  by 
Imprisonment  in  the  county  jail  for  a  term  of  not  less 
than  three  months  nor  more  than  one  year,  or  by  both 
such  fine  and  imprisonment,  and  each  day  any  such 
violation  continues  shall  be  a  separate  offense.  (R.  3. 
1899,   §1121.) 

Poioer  to  construct  roads,  connect  with,  intersect  or 
cross  other  lines — Duty  to  receive  each  other's  freight,  etc. 
§  3162.  Any  railroad  corporation  or  association,  organized 
for  the  purpose,  shall  have  the  right  to  construct  and 
operate  a  rai>road  between  any  points  within  this  State, 
and  to  connect  at  the  line  with  railroads  of  other  States; 
and  shall  have  the  right,  with  its  road,  to  intersect, 
connect  with  or  cross  any  other  railroad,  and  shall 
receive  and  transport  each  other's  passengers,  tonnage 
and  cars,  loaded  or  empty,  without  delay  or  discrimina- 
tion.     (R.   S.   1899,   §  1122.) 

Safety  switch  appliances  and  guard  rails  to  be  wiitn- 
iained — Penalty.  §  3163.  All  companies  or  corporations,  les- 
sees or  other  persons  owning  or  operating  any  railroad  or 
part  of  railroad  in  this  State,  are  hereby  required,  on  or 
before  the  first  day  of  S^tember,  1907,  to  adopt,  put  In 
use  and  maintain  the  best  known  appliances  or  in\  eu- 
tions  to  fill  or  block  all  switches,  frogs  and  guard-nils 
on  their  roads.  In  all  yards,  divisional  and  terminal 
stations,  and  where  trains  are  made  up,  to  previ  nt, 
as  far  as  possible,  the  feet  of  employes  or  other  pers  ms 
from  being  caught  therein.  Any  company  or  corporat  on, 
lessees  or  other  person,  owning  or  operating  any  i  ail- 
road  or  part  of  a  railroad  in  this  State,  v  ho 
shall  fail  to  do  any  act  or  thing  in  this  sect  ion 
required  to  be  done,  or  shall  cause  any  act  or  th  :ng 
not  to  be  done,  or  shall  aid  or  abet  any  such  oi  lis- 
sion,  shall  be  deemed  guilty  of  a  violation  of  t  liis 
law,  and  shall  forfeit  and  pay  the  sum  of  $10  for  ev  ■vj 
such  offense,  and  each  day  shall  constitute  a  sepai  ite 
and  distinct  offense.  At  every  term  of  a  court  of  rec  ird 
of  this  State  having  criminal  jurisdiction,  the  ju  ge 
thereof  shall  direct  and  charge  grand  juries  to  m  ke 
special  inquiry  as  to  violation  of  this  section.  (Li  ws 
1907,  p.  181.)  Bramock  v.  Ry.  200  Mo.  561;  Nev  lin 
V.  Ry.,  222  Mo.  375. 

Contributory  negligence  not  to  relieve  from,  liabil  ty. 
§  3164.  When  any  employe  or  other  persons  shall  be  in- 
jured, maimed  or  killed,  by  reason  of  the  non-complla  ice 
with  the  provisions  of  §  3163,  then  in  any  action  for 
damages  which  may  be  instituted  against  any  rallr  ad 
company,  corporation  or  lessee  for  such  injuring,  ma  m- 
ing  or  killing,  proof  of  contributory  negligence  or  c;  re- 
lessness  on  the  part  of  any  employe  or  other  per  on 
so  injured,  maimed  or  killed,  shall  not  relieve  such  l^t 
road  company,  corporation  or  lessee  from  liab^'^| 
(Laws   1907,  p.   181.)  ■ 

Engines  to  he  equipped  with  power  drive  ivheel  bra,  es. 
§3165.  Prom  and  after  the  first  day  of  January,  190f,  It 
shall  be  unlawful  for  any  person,  persons,  partners  lilp 
or  corporation,  operating  any  line  of  railroad,  in  wl  ole 
or  in  part,  within  this  State,  either  as  owner,  lessee  or 
receiver,  for  the  purpose  of  moving  freight  or  passenjers 
between  points  wholly  within  this  State,  to  use  upon  s  ich 
line  of  railroad  any  locomotive  or  engine  to  move  s  ich 
train  of  cars  over  such  railroad  without  having  s  ich 
locomotive  or  engine  equipped  with  power  drive  wl  eel 
brakes  and  fully  and  properly  equipped  with  air  brike 
appliances  so  that  the  engineer  operating  such  locomo  ive 
or  engine,  shall  have  the  means  of  fully  and  comple  ely 
controlling  the  air  brakes  on  the  cars  attached  to  (aid 
locomotive  and  engine  without  recourse  to  hand  bralie 
except  In  cases  of  emergency.     (Laws  1907,  p.  182.)  ^f 

Safety  appliances — Automatic  couplers.  §  3166. 
and  after  the  first  day  of  January,  1908,  it  shall  be  un- 
lawful for  any  person,  persons,  company  or  corporation, 
operating  any  line  of  railroad.  In  whole  or  in  part,  in  this 
State,  either  as  owner,  lessee  or  receiver,  to  nse  or 
permit  to  be  used  or  hauled  between  stations  within 
this  State,  on  said  line  of  railroad,  any  locomotive, 
tender,  car  or  other  vehicle  for  moving  persons  or 
freight,   which    shall   not   be    equipped   with    hand   holds, 


iralvflfc. 

'J 


Public  Service  Laws 


777 


gnib  irons  and  couplers,  coupling  automatically  by  im- 
pact, and  which  can  be  coupled  without  the  necessity 
of  men  going  between  the  ends  of  these  cars  tor  the  pur- 
poseh  of  effecting  such  coupling.     (Laws  1907,  p.  182.) 

Standard  drawbars  to  he  used — Height  of  same.  §  3167. 
From  and  after  the  first  day  of  January,  1908,  it  shall 
be  unlawful  for  any  person,  persons,  company  or  cor- 
poration, operating  any  line  of  railroad,  in  whole  or  in 
part,  within  this  State,  whether  as  owner,  lessee  or  re- 
ceiver, to  use  any  locomotive,  tender,  car  or  similar  vehiclo 
for  the  purpose  of  carrying  persons  or  freight,  on  its 
line  of  railroad,  between  stations  wholly  within  the 
State,  unless  such  locomotive,  tender,  ear  or  other  similar 
vehicle  shall  be  equipped  with  standard  draw-bars;  that 
the  standard  height  of  draw-bars  on  all  standard  gauge 
roads  shall  be  34%  inches,  measuring  from  the  top  of 
the  track  rails  to  the  center  of  the  draw-bar;  and  upon 
narrow-gauge  roads  such  standard  draw-bar  shall  be  26 
inches  from  the  top  of  the  track  rails  to  the  center  of 
the  draw-bar  and  the  maximum  variation  from  such 
standard  height  to  be  allowed  between  empty  and 
loaded  cars  shall  be  three  Inches,  whether  or  not  the 
draw-bars  brought  together  are  of  the  same  kind,  make 
or  type.      (Laws   1907,   p.   182.) 

Cars  to  6e  equipped  with  air  or  power  brakes.  §  3168. 
From  and  after  the  first  day  of  January,  1908,  it  shall 
be  unlawful  for  any  person,  persons,  company  or  cor- 
poration, operating  any  line  of  railroad,  in  whole  or  in 
part,  in  this  State,  either  as  owner,  lessee  or  receiver, 
to  operate  any  train  of  cars  over  such  line  of  railroad 
between  stations  within  this  State,  unless  at  least  75 
per  cent  of  the  cars  composing  such  train  shall  be 
equipped  with  air  or  power  brakes,  and  any  of  the  re- 
maining 25  per  centum  of  such  cars  composing  such 
train  shall  be  so  equipped  with  such  air  or  power  brakes 
they  shall  be  so  associated  and  connected  that  brakes 
thereon  can  be  used,  managed  and  operated  by  the 
engineer  of  the  locomotive  drawing  such  train.  (Laws 
1907,   p.   182.) 

Company  may  refuse  to  accept  can  not  properly  equipped. 
S  3169.  Whenever  any  person,  persons,  company  or  corpo- 
ration operating  any  railroad,  in  whole  or  in  part,  in  this 
State,  either  as  owner,  lessee  or  receiver,  shall  have 
equipped  the  locomotive,  tenders,  cars  and  similar  ve- 
hicles used  for  the  carrying  of  persons  and  freight 
between  any  stations  within  this  State,  in  the  manner 
and  with  the  appliances  and  devices  prescribed  by 
§  §  3165  to  3172,  inclusive,  such  railroad  may  refuse  to  re- 
ceive for  transportation  over  its  line  or  lines  or  road,  any 
car  or  cars  from  connecting  lines  which  are  not  equipped 
in  accordance  with  the  provisions  of  said  sections,  with- 
out incurring  any  liability  as  a  common  carrier  on  ac- 
count of  such  refusal.     (Laws  1907,  p.  182.) 

Construction  and  application  of  provisions.  §  3170.  The 
provisions  and  requirements  of  §  §  3165  to  3172,  inclusive, 
relating  to  power  drive  wheel  brakes,  train  brakes,  auto- 
matic couplers,  grab  irons  and  the  standard  height  of 
draw-bars,  shall  be  held  to  apply  to  all  trains,  locomo- 
tives, tenders,  cars  and  similar  devices  used  on  or  bv 
any  railroad  engaged  in  the  transportation  of  persons 
and  freight  between  points  within  the  State  of  Missouri: 
Provided,  however,  that  the  provisions  of  said  sections 
shall  not  apply  to  street  railroads  nor  to  tram  railroads 
employed  In  the  transportation  of  logs.  (Laws  1907 
p.   182.) 

Penalty — Suit  where  brought.  §  3171.  Any  such  person, 
persons,  company  or  corporation  operating  any  railroad, 
in  whole  or  in  part,  within  this  State,  whether  as  owner, 
lessee  or  receiver,  who  shall  violate  any  of  the  provisions 
of  §  §  .S165  to  3172,  inclusive,  shall  be  liable  to  the 
State  of  Missouri  in  a  penalty  of  not  less  than  $100  nor 
more  than  $500  for  each  offense,  and  such  penalty  shall 
be  recovered  and  suit  therefor  shall  be  brought  in  the 
name  of  the  State  of  Missouri,  in  any  court  of  competent 
jurisdiction  in  any  county  in  the  State,  into  or  througa 
which  such  railway  may  run,  by  the  attorney-general, 
or  under  his  direction,  or  by  the  prosecuting  attorney 
of  any  county  through  or  into  or  out  of  which  trains 
may  be  operated  by  such  railroad  or  by  the  circuit 
attorney  in  the  city  of  St.  Louis.     (Laws  1907,  p.  182.) 

Employe  not  guilty  of  contributory  negligence — When. 
S  3172.    Any  employe  of  such  railroad  so  operated  as  afore- 


said, who  may  be  injured  by  any  train,  locomotive, 
tender,  car  or  similar  vehicle  in  use  contrary  to  the 
provisions  of  §  §  3165  to  3172,  inclusive,  shall  not  be 
deemed  to  have  assumed  the  risk  thereby  occasioned, 
nor  to  have  been  guilty  of  contributory  negligence,  be- 
cause of  continuing  in  the  employment  of  such  railroad 
or  in  the  performance  of  nis  duties  as  such  employe 
after  the  unlawful  use  of  such  train,  locomotive,  tender, 
car  or  similar  device  shall  have  been  brought  to  his 
knowledge.      (Laws   la07,   p.    182.) 

Freight,  charges  on,  regulated.  §  3173.  No  railroad  cor- 
poration organized  or  doing  business  in  this  State,  under 
any  Act  of  incorporation  or  general  law  of  this  State, 
now  in  force  or  which  may  be  hereafter  enacted,  shall 
directly  or  indirectly  charge  or  collect,  for  the  transpor- 
tation of  goods,  merchandise  or  property  on  its  said  road 
for  any  distance,  any  larger  or  greater  amount,  as  to 
toll  Qr  compensation,  than  is  charged  or  collected  for  the 
transportation  of  similar  quantities  of  the  same  class  of 
goods,  merchandise,  or  property  over  a  greater  distance 
upon  the  same  road,  nor  shall  such  corporation  charge 
different  rates  for  receiving,  handling  or  delivering 
freight  at  different  points  on  its  road  or  roads  connected 
therewith  which  it  has  a  right  to  use,  nor  shall  any  such 
railroad  corporation  charge  or  collect,  for  the  transpor- 
tation of  goods,  merchandise  or  property  over  any  por- 
tion of  its  road,  a  greater  amount  as  toll  or  compensation 
than  shall  be  charged  or  collected  by  it  for  the  transpor- 
tation of  similar  quantities  of  the  same  class  of  goods, 
merchandise  or  property  over  any  other  portion  of  its 
road  of  equal  distance;  and  all  such  rules,  regulations 
or  by-laws  of  any  railroad  corporation,  as  fix,  prescribe 
or  establish  any  greater  toll  or  compensation  than  Is 
hereinbefore  prescribed,  are  hereby  declared  to  be  void. 
(R.    S.   1899,   §  1126.) 

Railways  declared  public  highways,  and  companies  com- 
mon carriers — Discrimination  prohibited — Penalty.  §  3174. 
Railways  heretofore  constructed,  or  that  may  hereafter 
be  constructed  in  this  State,  are  hereby  declared  public 
highways,  and  railroad  companies  common  carriers.  No 
railway  company,  corporation  or  association  shall  here- 
after make  any  discrimination  in  charges  or  facilities 
In  the  transportation  of  freight  or  passengers  between 
transportation  companies  and  individuals,  nor  in  the 
transportation  of  freight  between  commission  merchants 
or  other  persons  engaged  in  the  transportation  of  freight 
and  individuals,  in  favor  of  either,  by  abatement,  draw- 
back or  otlierwise,  nor  shall  any  such  company,  corpora- 
tion or  association,  nor  any  lessee,  manager  or  employe 
of  any  such  company,  corporation  or  association  make  any 
preference  between  the  parties  aforesaid  in  furnishing 
cars  or  motive  power,  for  the  purpose  aforesaid.  Any 
company,  corporation  or  association,  or  manager,  lessee 
or  employe,  violating  the  provisions  of  this  section, 
shall  forfeit  and  pay  to  the  party  injured  the  whole 
amount  of  such  transportation  charged,  to  be  recovered 
before  any  court  of  competent  jurisdiction:  Provided, 
that  excursion  or  commutation  tickets  may  be  issued  at 
special   rates.      (R.   S.  1899,   §  1127.) 

Extra  charge  to  passengers  over  bridges  not  allowed. 
i  3175.  No  individual,  company  or  corporation,  owning  or 
operating  a  railroad  in  this  State,  shall  charge,  demand 
or  exact  any  greater  sum  for  the  transportjition  of  pas- 
sengers in  its  cars  over  any  bridge  in  this  State,  across 
which  its  tracks  are  laid,  than  such  individual,  com- 
pany or  corporation  is  permitted  to  charge  for  the  trans- 
portation of  passengers  for  a  like  distance  over  other 
portions  of  said  railroad  in  this  State.  (Laws  1907,  n 
180.) 

Penalty.  §  3176.  Id.  Any  agent  who  shall  demand  a 
greater  sum  than  permitted  by  §  §  3175  and  3176,  for  a 
ticket  for  passage  over  that  part  of  the  railroad  track 
crossing  such  bridge  in  this  State,  and  any  conductor 
Or  collector  who  shall  demand  or  collect  greater  fare 
from  any  passenger  upon  said  railroad  cars  for  being  car- 
ried across  any  such  bridge,  and  any  president,  manager,  ' 
superintendent,  director  or  other  ofllcer  who  shall  com- 
mand, require,  direct  or  knowingly  permit  the  collec- 
tion of  any  greater  fare  for  the  transportation  of  pas- 
sengers across  such  bridge  in  this  State  than  is  per- 
mitted by  said  sections,  shall  be  guilty  of  a  misdemeanor, 
and  for  each  such  offense  shall  be  subject  to  a  fine  of 
not  less  than   $100  nor  more  than  $1,000,  or  to  imprison- 


778 


Natiojjal  Association  of  Eailway  Commissioners 


ment  in  the  county  jail  for  not  less  than  30  days  nor 
more  than  six  months,  or  to  both  such  fine  and  imprison- 
ment.     (Laws   1907,   p.   ISO.) 

Extra  freight  charges  over  bridges  not  allowed.  §  3177. 
No  individual,  company  or  corixjration,  owning  or  oper- 
ating a  railroad  in  this  State,  shall  charge,  demand  or 
exact  any  greater  sum  for  the  transportation  of  freight 
in  Its  cars  over  any  bridge  in  this  State,  across  which 
its  tracks  are  laid,  than  such  individual,  company  or 
corporation  is  permitted  to  charge  for  the  transportation 
of  freight  for  a  like  distance  over  other  portions  of  said 
railroad  in  this   State.     (Laws  1907,   p.   188.) 

Penalty.  §  3178.  Id.  Any  agent  who  shall  demand  a 
greater  sum  than  permitted  by  §  §  3177  and  3178,  for 
transporting  freight  over  that  part  of  the  railroad  track 
crossing  such  bridge  in  this  State,  and  any  agent  or  em- 
ploye who  shall  demand  or  collect  greater  rates  or  charges 
from  any  person  or  persons,  company  or  companies,  cor- 
poration or  corporations,  for  transporting  freight  upon 
said  railroad  cars  across  any  such  bridge,  and  any 
president,  manager,  superintendent,  director  or  other 
officer  who  shall  command,  require,  direct  or  knowingly 
permit  the  collection  of  any  greater  rate  or  charge  for 
the  transportation  of  freight  across  such  bridge  in  this 
State  than  is  permitted  by  said  sections,  shall  be  guilty 
of  a  misdemeanor,  and  for  such  offense  shall  be  subject 
to  a  fine  of  not  less  than  $100  nor  more  than  $1,000, 
cr  to  imprisonment  in  the  county  jail  for  not  less  than 
30  days  nor  more  than  six  months,  or  to  both  such  fine 
and  imprisonment.     (Laws  1907,  p.  188.) 

Railways  declared  puhlic  highways,  and  companies  com- 
mon carriers.  §  3179.  AH  railways  heretofore  constructed  or 
that  may  hereafter  be  constructed  in  this  State,  are  hereby 
declared  to  be  public  highways,  and  all  individuals,  com- 
panies, corporations,  trustees,  receivers  and  lessees 
running  and  operating  cars  and  trains  upon  such  rail- 
ways, for  the  transportation  of  freight  and  passengers  upon 
sucTi  railways,  are  hereby  declared  to  be  common  carriers. 
All  charges  made  for  any  services  rendered  in  the  trans- 
portation of  freight  on  such  railways,  including  the  re- 
ceiving, delivering,  storing  and  handling  of  such  property, 
shall  be  reasonable  and  just;  and  all  unreasonable  and 
unjust  charges  for  such  service  are  prohibited  and  de- 
clared  unlawful.      (R.   S.   1899,  §  1128.) 

Discrimination  prohibited.  §  3180.  If  any  such  common 
carriers  shall  directly  or  indirectly,  by  any  special  rate, 
rebate,  drawback  or  other  device,  charge,  demand,  collect 
or  receive  from  any  person  or  persons,  firm  or  corpo- 
ration a  greater  or  less  compensation  for  any  service 
rendered  in  the  transportation  of  any  kind  of  property 
upon  such  railroad  within  this  State  than  it  charges, 
demands,  collects  or  receives  from  any  other  person  or 
persons,  firm  or  corporation  for  doing  for  him  or  them 
a  like  service  in  the  transportation  of  a  like  kind  of 
property  under  substantially  like  circumstances  and  con- 
ditions, such  common  carrier  shall  be  deemed  guilty  of 
unjust  discrimination,  which  is  hereby  prohibited  and  de- 
clared" unlawful.      (R.    S.   1899,    §1129.) 

Unjust  discrimination  defined  and  prohibited — Carload 
lots.  §  3181.  It  shall  be  unlawful  for  any  such  common 
carrier  to  charge,  collect,  demand  or  receive  more  for 
transporting  a  car  of  freight  than  it  at  the  same  time 
charges,  collects,  demands  or  receives  per  car  for  several 
cars  of  a  like  class  of  freight  over  the  same  railroad, 
for  the  same  distance,  in  the  same  direction,  under 
substantially  similar  circumstances  and  conditions;  or 
to  charge,  collect,  demand  or  receive  more  for  trans- 
porting a  ton  of  freight  than  it  charges,  collects,  de- 
mands or  receives  per  ton  for  several  tons  of  freight, 
under  a  carload,  of  a  like  class  of  freight  over  the  same 
railroad,  for  the  same  distance,  in  the  same  direction, 
under  substantially  similar  circumstances  and  conditions; 
or  to  charge,  collect,  demand  or  receive  more  for  trans- 
porting a  hundred  pounds  of  freight  than  it  charges, 
collects,  demands  or  receives  per  hundred  for  several 
hundred  pounds  of  freight,  under  a  ton,  of  a  like  class 
of  freight  over  the  same  railroad,  for  the  same  distance, 
in  the  same  direction,  under  substantially  similar  circum- 
stances and  conditions.  All  such  discriminating  rates, 
charges,  collections  or  receipts,  whether  made  directly  or 
by  means  of  any  rebate,  drawback  or  other  shift  or  eva- 
sion, shall  be  deemed  and  taken  against  such  railroad  com- 


ess 


pany  as  prima  facie  evidence  of  the  unjust  discrimination 
prohibited  by  §  §  3179  to  3207,  inclusive:  Provided,  how- 
ever, that  for  the  protection  and  development  of  any  new 
industry  within  this  State,  such  railroad  company  may 
grant  concessions  in  special  rates  for  any  agreed  number 
of  carloads,  but  such  special  rates  as  aforesaid  shall  first 
be  approved  by  the  board  of  railroad  commissioners, 
and  a  copy  thereof  filed  in  the  office  thereof.  (R.  S. 
1899,   §  1130.) 

In  mixed  freight — Carload  lots.  §  3182.  Id.  It  shall  be 
unlawful  for  any  such  common  carrier  to  charge,  collect, 
demand  or  receive  more  for  the  transportation  of  any 
car  of  freight  composed  of  several  different  classes  of 
merchandise  or  freight,  transported  for  the  same  owner  to 
the  same  destination,  than  it  at  the  same  time  charges  for 
the  transportation  of  a  carload  of  freight  of  the  highest 
class  of  merchandise  or  freight  contained  in  said  car- 
load of  mixed  freight:  Provided,  however,  that  such 
common  carrier  shall  not  be  liable  tor  any  damages  or 
loss  in  transportation  growing  out  of  or  that  is  the  nat- 
ural and  direct  result  of  shipping  the  said  several  classies 
of  freight  in  one  car.     (R.  S.  1899,  §  1131.) 

Less  than  carload  lots.  §  3183.  Id.  It  shall  be  unlaw- 
ful for  any  such  common  carrier  to  charge,  collect,  de- 
mand or  receive  more  for  the  transportation  of  less  than 
a  carload  of  freight  when  shipped  to  one  owner,  to  one 
destination,  that  it  at  the  same  time  charges  for  a  far 
load  of  like  freight,  or  when  the  car  is  loaded  w  th 
freight  of  several  classes,  more  than  it  charges  for  the 
transportation  of  a  carload  of  the  highest  class  of 
freight  shipped  in  said  car  of  mixed  freight:  Providi  d, 
that  nothing  in  this  section  shall  be  construed  to  fori  id 
a  railway  company  from  transjwrting  freights  in  carlo  id 
lots  at  a  less  rate  per  hundred  pounds  than  it  charge  !S, 
demands  and  receives  per  hundred  jwunds  for  like  cU  ss 
of  freight  in  quantities  less  than  a  carload.  (R. 
1899,   §  1132.) 

Discrimination  between  persons  or  localities  prohibiti 
§  3184.  It  shall  be  unlawful  for  any  such  common  carrl  er 
to  make  or  give  any  undue  or  unreasonable  preferei 
or  advantage  to  any  particular  person,  company  or  fi! 
corporation  or  locality,  in  the  transportation  of  goi 
wares  ana  merchandise  of  any  character,  or  to  sub; 
any  particular  person,  firm,  corporation  or  locality, 
any  particular  description  of  traffic,  to  any  uni 
or  unreasonable  prejudice  or  disadvantage  with  res; 
to  such  transportation;  and  all  such  common  carrl* 
shall  afford  equal  facilities  for  the  interchange  of  traj 
between  their  respective  lines,  and  for  receiving,  ^ 
warding  and  switching  cars  and  delivering  property : 
and  from  their  lines,  and  to  and  from  other  lines  a 
places  connected  therewith,  and  shall  not  discriminE  te 
in  their  accommodation,  rates  or  charges  between  su  'h 
.connecting  lines  and  places.  But  this  provision  sh  ill 
not  be  construed  as  requiring  such  common  carriers  t 
give  the  use  of  their  tracks  or  terminal  facilities  i  ' 
other  common  carriers  engaged  in  a  similar  busin<l 
(R.   S.  1899,   §1133.)  J 

Discrimination — Long  and  short  haul.     §  3185.    It  sft 
be   unlawful   for   any   such   common   carrier   to   charge 
receive    any    greater    compensation    in   the    aggregate   I 
the  transportation   of  like  kinds   of  property  under  si 
lar   circumstances    and    conditions    for    a    shorter   th 
longer  distance  over  the  same  line  in  the  same  directs 
Provided,  however,  that  nothing  contained  in  this  sec 
shall  apply  to  the  carriage,   storage  or  handling  of  p) 
erty,    either    free    or    at    reduced    rates,    for    the    Unl 
States,   for  the   State   of  Missouri,  or  for  any   fair,  e: 
sltion,   religious,    scientific,   benevolent  or   charitable 
poses.      (R.   S.   1899,   §  1134.) 

Pooling  prohibited.  §  3186.  It  shall  be  Unlawful  for  any 
common  carrier,  subject  to  the  provisions  of  §  §  3179 
3207,  inclusive,  to  enter  into  any  contract,  agreement! 
combination  with  any  other  common  carrier  or  carrll 
for  the  pooling  of  freights  of  different  and  competi 
railroads,  or  to  divide  between  them  the  aggregate  net 
proceeds  of  the  earnings  of  such  railroads,  or  any  por- 
tion thereof;  and  in  case  of  an  agreement  for  the  pooling 
of  freights  as  aforesaid,  each  day  of  Its  continuance  shall 
be  deemed  a  separate  offense.     (R.  S.  1899,  §  1135.) 

Schedule  of  maximum  rates  posted  in  depots — Duty  of 
commissioners.     §  3187.    Every  such  common  carrier  shall 


tiy 

I 


4 


Public  Service  Laws 


771) 


print  and  keep  for  public  inspection  schedules  showing 
the  rates  for  freight  which  such  carrier  has  established 
and  which  are  in  force  at  the  time  upon  the  railroad  or 
railroads  operated  by  it  as  defined  in  §  3179.  Said  rates 
shall  be  reasonable  and  just,  and  shall  not  in  any  case 
exceed  the  maximum  rates  which  are  or  which  may  here- 
after be  established  by  law.  Schedules  as  aforesaid 
shall  contain  the  classifications  of  freight  in  force  upon 
such  railroad  or  railroads,  and  if  there  be  any  rules  or 
regulations  which  change,  determine  or  affect  any  part  of 
the  aggregate  of  such  rates,  fares  and  charges,  such  rules 
and  regulations  sl(all  accompany  such  schedule.  Copies 
of  such  schedules,  also  such  rules  and  regulations,  it  any, 
shall  be  kept  posted  in  every  depot  or  station  upon  any 
such  road,  in  such  place  where  the  same  can  be  conven- 
iently inspected  by  every  person  interested  in  the  same. 

Copies  of  such  schedules,  also  such  rules  and  regula- 
tions, it  any,  shall  be  filed  with  the  railroad  commissioners 
of  the  State  of  Missouri,  and  from  the  date  of  such  filing, 
the  rates,  fares  and  charges  specified  in  such  schedule, 
not  being  in  excess  of  any  statutory  maximum  rates 
now  or  that  may  hereafter  be  in  force,  shall'  be  deemed 
the  established  rates,  fares  and  charges  of  such  com- 
mon carrier  until  the  same  is  changed  as  in  §  §  3179  to 
3207,  inclusive,  provided.  No  advance  shall  be  made  in 
the  rates,  fares  and  charges  which  have  been  established 
and  published  as  aforesaid  by  any  such  common  carrier 
in  compliance  with  the  requirements  of  said  sections, 
except  after  10  days'  public  notice  which  shall  plainly 
state  the  changes  proposed  to  be  made  in  the  schedule 
then  in  force,  and  the  time  when  the  increased  rates, 
fares  and  charges  will  go  into  effect;  and  the  proposed 
changes  shall  be  plainly  Indicated  upon  the  schedules  In 
force  at  the  time,  and  kept  for  public  inspection  in  like 
manner  as  herein  provided.  Reductions  in  such  pub- 
lished rates,  fares  and  charges  may  be  made  without  pre- 
vious notice,  but  whenever  any  such  reduction  Is  made, 
notice  of  the  same  shall  be  immediately  publicly  posted, 
and  the  changes  made  shall  be  immediately  plainly 
Indicated  upon  the  schedules  in  force  at  the  time  and 
kept  for  public  Inspection,  and  copies  of  the  schedules 
containing  such  changes  shall  be  forthwith  filed  with 
Bald  railroad  commissioners.  Such  changed  schedules 
shall  become  the  established  schedules  from  the  date  of 
such  public  notice  until  changed  as  herein  provided 
for  changing  schedules  of  rates,  fares  and  charges.  When 
any  such  common  carrier  shall  have  established  and  pub- 
lished its  rates,  fares  and  charges  in  compliance  with  the 
provisions  of  said  sections,  the  same  not  being  in  ex- 
cess of  any  statutory  maximum  rates  now  or  that  may 
be  hereafter  in  force,  it  shall  be  unlawful  for  any  such 
common  carrier  to  charge,  demand,  collect  or  receive 
from  any  person  or  persons  a  greater  or  less  compensa- 
tion for  the  transportation  of  property  or  for  any  service 
In  connection  therewith  than  is  specified  in  such  pub- 
lished schedules  of  rates,  fares  and  charges  as  may  at 
the  time  be  in  force,  except  as  herein  may  be  specific- 
ally permitted.  It  shall  be  the  duty  of  the  railroad  com- 
missioners to  see  that  all  schedules  of  rates  prepared 
and  adopted  by  common  carriers  are  reasonable  and  just, 
and  they  may,  upon  complaint  of  any  person,  or  upon 
tbelr  own  motion  and  without  complaint,  make  inquiry 
from  time  to  time,  and  determine  whether  the  schedule 
of  rates  prepared  and  adopted  by  any  such  common  car- 
rier is  reasonable  and  just.     (R.  S.  1899,  §  1136.) 

Joint  tariffs,  filed  where.  §  3188.  In  all  cases  where 
freight  passes  over  continuous  lines  or  routes  within  this 
State,  such  as  is  In  §  3179  described,  operated  by  more 
than  one  common  carrier,  and  the  several  common  car- 
riers operating  such  lines  or  routes  establish  joint  rates, 
fares  or  charges  for  such  continuous  lines  or  routes, 
copies  of  such  joint  tariffs  shall  also  be  filed  with  the 
railroad  commissioners  of  this  State,  and  shall  be  pub- 
lished in  such  manner  as  may  be  directed  by  the  com? 
mlssioners.      (R.    S.    1899,   §1137.) 

Commissioners  to  enforce  rates,  make  schedules,  when. 
i  3189.  It  shall  be  the  duty  of  said  railroad  commissioners 
to  see  that  such  schedules  of  joint  rates,  fares  and 
charges  are  reasonable  and  just,  and  that  such  schedules 
of  joint  rates,  fares  and  charges  shall  be  observed  by  all 
the  common  carriers  who  are  parties  to  the  same.  But 
.no  such  common  carrier,  party  to  such  joint  tariff,  shall 
be  liable  for  the   failure  of  any  other  such  common  car- 


rier, party  thereto,  to  observe  and  adhere  to  the  rates, 
fares  and  charges  as  made  and  published.  If  any  such 
common  carrier  shall  neglect  or  refuse,  for  a  period  of 
30  days,  to  file  or  publish  its  schedules  of  rates,  fares 
and  charges,  as  provided  for  in  §  §  3179  to  3207,  inclusive, 
or  any  part  of  the  same,  it  shall  be  the  duty  of  said 
railroad  commissioners  to  make  out  and  print  a  schedule 
or  schedules  of  reasonable  rates  for  such  common  carrier, 
and  deliver  copy  or  copies  of  the  same  to  such  common 
carrier.  Such  delivery  shall  be  by  messenger,  by  regis- 
tered letter  or  by  any  sheriff  in  this  State.  It  shall  be 
the  duty  of  every  sheriff  to  serve  and  deliver  the  same 
whenever  directed  thereto  by  an  order  of  said  board 
of  railroad  commissioners,  and  shall  return  the  same  in 
like  manner  and  with  like  effect  to  said  board  as  in 
case  of  summons  in  civil  suits.  Such  common  carriers 
for  whom  such  schedules  shall  be  made  by  said  board 
shall  keep  the  same  posted  in  their  depots  and  stations, 
as  required  in  said  sections  for  schedules  made  out  by 
them  in 'compliance  with  law;  and  the  provisions  of  said 
sections  concerning  the  schedules  required  to  be  made 
by  such  commissioners  and  the  changing  thereof,  shall 
apply  to  the  schedules  made  by  said  board  as  provided 
in  this  section.  The  costs  of  preparing,  printing  and  de- 
livering said  schedules  shall  be  paid  by  such  common 
carrier,  and  shall  be  specified  in  an  order  of  said 
board  entered  of  record,  and  a  copy  of  said  order,  certi- 
fied by  the  secretary  of  said  board,  shall  in  any  suit 
be  prima  facie  evidence  of  the  amount  which  ought  to 
be  paid,  and  may  be  recovered  in  an  action  in  the  name 
of  the  State,  at  the  relation  of  said  board,  before  any 
court  or  justice  of  the  peace  in  this  State  having  juris- 
.  diction  of  the  amount  thereof.  A  copy  of  such  schedules 
so  made  by  said  board,  certified  by  the  secretary  of  said 
board,  shall,  in  proceedings  wherein  is  involved  the 
reasonableness  and  justness  of  the  charges  and  ratea 
of  such  commissioners,  be  prima  facie  evidence  that  rates 
therein  fixed  are  reasonable  and  just.  (R  S.  1899, 
§1138.) 

Rates  continuous — Breakage  of  bulk  not  to  affect  rates, 
i  3190.  It  shall  be  unlawful  for  any  such  common  carrier 
as  is  described  in  §3179.  to  enter  into  any  combination, 
contract  or  agreement  to  prevent,  by  change  of  time 
schedule,  carriage  in  different  cars,  or  by  any  other 
means  or  devices,  the  carriage  of  freights  from  being 
continuous  from  the  place  of  shipment  to  the  place  of 
destination  within  this  State,  and  no  break  of  bulk, 
stoppage  or  interruption  made  by  such  common  carrier 
shall  prevent  the  carriage  of  freight  from  being  treated 
as  one  continuous  carriage  from  the  place  of  shipment 
to  the  place  of  destination,  unless  such  break,  stoppage 
or  Interruption  was  made  in  good  faith  for  some  neces- 
sary purpose,  and  without  any  intent  to  avoid  or  un- 
necessarily interrupt  such  continuous  carriage  or  evade 
any  of  the  provisions  of  §  §  3179  to  3207,  inclusive: 
Provided,  that  nothing  herein  contained  shall  be  con- 
strued as  requiring  any  railroad  now  belonging  to  class- 
C,  and  connecting  or  crossing  a  trunk  line  or  any 
branch  thereof,  to  take  and  accept  for  its  share  and 
part  of  the  earnings  on  freight  that  may  be  so  received 
from  such  trunk  line  or  any  branch  thereof,  or  shipped 
from  its  line  over  such  trunk  line  or  any  branch  thereof 
a  pro  rata  part  of  the  total  freight  earnings  from  the 
point  at  which  such  shipment  is  received  to  the  place  of 
destination.      (R.    S.   1899,    §  1139.) 

Penalty — Triple  damages  for  violation  of  this  Act. 
§  3191.  In  case  any  such  common  carrier  shall  do- 
or cause  to  be  done  any  act  or  thing  In  §§  3179 
to  3207,  inclusive,  prohibited  or  declared  to  be  unlaw- 
ful, or  shall  omit  to  do  any  act  or  thing  In  said 
sections  required  to  be  done,  then  such  common  carrier 
shall  be  liable  to  the  person  or  persons  injured  thereby 
for  three  times  the  amount  of  damages  sustained  in  con- 
sequence of  the  violation  of  the  provisions  of  said  sec- 
tions, together  with  a  reasonable  attorney's  fee,  to  be 
fixed  by  the  court,  which  fee  shall  be  taxed  and  collected 
as  part  of  the  costs  in  the  case.     (R.  S.  1899,  §1140.) 

Damages,  proceedings  for.  §  3192.  Any  person  or  per- 
sons claiming  to  be  damaged  by  any  common  carrier  by 
reason  of  any  violation  of  the  provisions  of  §  §  3179  to 
3207,  inclusive,  may  bring  suit  therefor  in  any  Circuit 
Court  of  any  county  or  city  into  or  through  which  the 
line  operated  by  such  common  carrier  enters  or  passes-. 


780 


National  Association  op  Eailway  Commissioners 


and  such  person  or  persons  may  make  complaint  aa 
hereinafter  provided  to  the  railroad  commissioners.  And 
it  any  proceeding  is  commenced  under  the  provisions  of 
said  sections,  either  in  a  court  or  before  the  said  railroad 
commissioners,  the  tribunal  before  which  such  proceeding 
shall  be  pending  may  compel  any  director,  officer,  re- 
ceiver, trustee,  agent  or  employe  of  the  common  carrier 
complained  of  in  such  suit  to  attend  as  a  witness  and 
testify  in  such  proceeding,  and  may  also  compel  the  pro- 
duction of  the  necessary  books,  papers  and  documents 
of  such  common  carriers.     (R.  S.  1899,  §  H41.) 

Penalty  by  forfeiture  for  violation  of  Act.  §  3193.  Any 
such  common  carrier  in  §  3175  described,  or  any  of  its 
officers,  agents  or  employes,  including  receivers,  trustees 
and  lessees,  who  alone,  or  with  any  other  person,  com- 
pany or  corporation,  shall  do  or  cause  to  be  done,  or 
shall  i>ermlt  to  be  done,  any  act,  matter  or  thing  in 
§  §  3179  to  3207.  inclusive,  prohibited  or  declared  to  be 
unlawful,  or  shall  aid  or  abet  therein,  or  fail  to  do  any  act 
or  thing  in  said  sections  required  to  be  done,  or  shall 
cause  any  act  or  thing  not  to  be  done  which  said  sections 
direct  shall  be  done,  or  shall  aid  or  abet  any  such 
omission,  shall  be  deemed  guilty  of  a  violation  of  the 
law,  and  shall  forfeit  a  sum  not  exceeding  $5,000  for  each 
and   every   offense.      (R.   S.   1899,   §  1142.) 

Commissioners  to  see  to  enforcement  of  article — Investi- 
gate complaints.  §  3194.  It  shall  be  the  duty  of  the  rail- 
road commissioners  of  this  State  to  see  that  the  pro- 
visions of  §  §  3179  to  3207,  inclusive,  are  enforced.  When 
complaint  is  made  in  writing  by  any  person  having  an 
interest  in  the  matter  about  which  complaint  is  made, 
that  any  rate  or  rates  established  by  any  common  car- 
rier are  unreasonable,  unjust  or  extortionate,  or  that 
any  of  the  provisions  of  said  sections  have  been  or  are 
kelng  violated,  it  shall  be  the  duty  of  said  railroad 
commissioners  to  proceed  at  once  to  investigate  such 
complaint  and  determine  the  truth  of  the  same,  and  for 
that  purpose  said  railroad  commissioners  shall  have 
power  to  summon  witnesses  and  to  require  the  pro- 
duction of  any  necessary  books,  papers  or  written  docu- 
ments in  possession  of  the  common  carrier  complained 
of,  and  to  this  end  written  or  printed  communications, 
signed  by  any  one  of  such  railroad  commissioners  and 
attested  by  the  secretary  of  such  commission,  under 
seal  and  sent  by  registered  letter  through  the  mail  or 
delivered  personally  to  the  person  addressed,  shall  be 
deemed  a  sufficient  service.  Witnesses  so  summoned  by 
said  commissioners  shall  be  entitled  to  the  same  fees 
as  are  allowed  in  Circuit  Courts  in  civil  cases.  In  case 
of  the  failure  or  refusal  of  any  person  or  persons  so  sum- 
moned to  attend  and  testify  at  the  time  and  place  speci- 
fied in  said  summons,  or  to  produce  any  designated 
books,  papers  or  documents  required  or  called  for,  as 
provided  for  in  this  section,  such  person  or  persons 
failing  shall  be  deemed  guilty  of  contempt,  and  said 
railroad  commissioners  shall  have  power  to  impose  such 
penalties  as  the  Circuit  Court  of  this  State  may  im- 
pose for  like  offenses;  and  if  any  common  carrier,  or  any 
officer,  agent  or  servant  thereof,  shall  wilfully  or  know- 
ingly obstruct  or  prevent  said  railroad  commissioners 
from  making  such  investigations  as  are  authorized  by 
said  sections,  they  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  may  be  punished 
by  a  fine  not  exceeding  $500.  For  the  purpose  of  con- 
ducting such  examination,  such  railroad  commissioners, 
Or  any  of  them,  shall  have  the  power  to  administer 
oaths  or  affirmations,  and  they  shall  prescribe  such 
rules  and  regulations  for  the  conduct  of  such  Investi- 
gation as  they  may  deem  best  to  enable  them  to  arrive 
at  the  facts,  but  in  every  case  a  full  and  fair  hearing  shall 
be  accorded  to  all  parties  having  an  Interest  in  such  case. 
Such  railroad  commissioners  may  institute  any  Inquiry, 
on  their  own  motion,  in  the  same  manner  and  to  the 
same  effect  as  though  complaint  had  been  made.  No 
complaint  shall  at  any  time  be  dismissed  because  of  the 
absence  of  direct  damage  to  the  complainant.  (R.  S. 
1899,  §114,3.) 

Forfeitures,  how  recovered  and  disposed  of.  §  3195. 
The  forfeitures  and  penalties  herein  provided  for  shall 
go  to  the  county  school  fund  of  the  county  where  sued  for, 
and  may  be  recovered  in  a  civil  action  in  the  name  of 
the  State  of  Missouri,  at  the  relation  of  the  board  of 
railroad    commissioners   to   the   use   of  said   fund,   in   any 


county  where  the  complainant  resides,  if  in  the  State, 
and  if  not,  then  where  the  offense  may  occur,  or  into  or 
through  which  the  railroad  operated  by  the  commoa 
carrier  offending,  or  on  which  it  operates,  may  run.  It 
shall  be  the  duty  of  the  circuit  or  prosecuting  attorney, 
and  such  additional  counsel  residing  In  such  county  as 
said  board  may  employ,  to  prosecute  tlse  same  when 
directed  by  said  board,  and  the  attorneys  prosecuting 
such  suit  shall  receive  for  their  services,  out  of  the 
amount  collected  by  the  suit,  the  compensation  allowed 
by  law  for  collections  made  on  forfeited  recognizancas. 
The  attorney-general  shall  assist  in  the  prosecution 
when  directed  by  the  board  of  railroad  commissioner's. 
And  all  suits  instituted  under  the  provisions  of  said 
§  §  3179  to  3207  shall  have  precedence  in  all  courts 
having  jurisdiction  thereof  over  all  other  suits  therein, 
except  criminal  actions.     (R.  S.  1899,  §  1144.) 

Findings  of  commissioners  —  Order  —  At  torney-general 
may  prosecute  on.  §  3196.  Said  railroad  commissioners 
shall  render  a  decision  in  every  case  investigated  in 
accordance  with  the  facts  thereby  ascertained,  and 
which  shall  .embrace  a  summary  statement  of  such  facts. 
In  case  that  said  railroad  commissioners  shall  find  in 
any  case  that  such  common  carrier  has  been  guilty  of 
any  violation  of  said  §§  3179  to  3207,  they  shall  incor- 
porate such  finding  in  said  decision,  and  also  an  order 
to  such  common  carrier  to  desist  immediately  from  su".h 
violation.  In  case  they  shall  find  that  any  Injury  or  daon- 
age  to  any  person  or  persons  making  complaint  as  afo  e- 
sald  has  accrued  by  reason  of  such  violation,  they  sh  Ul 
award  the  amount  thereof,  and  incorporate  in  their  desi- 
slon  a  statement  thereof,  and  the  names  of  the  person 
,  or  persons  so  damaged,  together  with  an  order  to  suih 
common  carrier  to  pay  the  same  to  such  person  by  dfte 
to  be  therein  specified.  In  case  that  any  such  declsi  )a 
shall  be  against  any  such  common  carrier,  it  shall  p  ly 
all  costs  of  the  investigation,  which  costs  shall  be  spe  i- 
fled  in  the  decision  of  the  said  commissioners,  togetl.  r 
with  an  order  to  pay  to  them  immediately  the  amou  ;u 
thereof.  A  copy  of  such  decision,  signed  by  the  comm  .■>- 
Bioners  and  attested  by  their  secretary,  and  sealed  w:  h 
their  seal,  shall  be  furnished  to  each  party  in  intere  t, 
either  personally,  by  registered  letter,  or  in  such  otfc  r 
manner  as  the  commissioners  may  deem  sufficient.  S:  '1 
commissioners  shall  make  and  preserve  a  record  of  :i 
proceedings  in  every  investigation,  and  of  their  declsi  :i 
therein,  which  shall  be  a  public  record,  and  open  to  t  3 
Inspection  of  any  citizen  of  this  State.  And  If  such  co  u- 
rnon  carrier  shall  fail  or  refuse  to  pay  the  amou  it 
adjudged  to  be  due,  on  or  before  the  day  specified  afo  e- 
said,  said  commissioners  may  at  their  own  instance,  a  id 
shall  '*rhen  requested  by  the  person  or  persons  injured  ir 
damaged,  cause  the  attorney-general  or  the  prosecuti  ig 
attorney  of  the  proper  county  to  institute  suit  agall 
such  common  carrier  in  the  name  of  the  State  of  M 
.souri,  at  the  relation  and  to  the  use  of  the  party  Injur 
or  damaged,  to  enforce  the  payment  thereof,  togetl 
with  costs;  and  upon  the  trial  of  such  cause  a  certlfi  >d 
copy  of  the  award  and  decision  of  said  commissiont  ra 
shall  be  received  as  prima  facie  evidence  of  each  aid 
every  fact  therein  stated;  and  provided,  however,  tl  at 
tile  person  or  porsons  to  whom  such  damages  are  die 
may  institute  suit  for  same  in  his  own  name.  If  the 
result  of  such  examination  be  in  favor  of  such  comm  in 
carrier,  the  amount  of  such  costs  shall  be  by  the  coa- 
missioners  certified  to  the  State  auditor,  who  shall  Issue 
a  warrant  for  the  payment  thereof  out  of  any  money  In 
the  State  treasury  appropriated  for  that  purpose.  (R.  S. 
1899,   §1145.) 

Further  duty  of  commissioners  on  complaints.  §  31 17. 
Where  complaint  Is  made  as  herein  provided,  and  the 
commissioners  are  satisfied  that  if  true  It  contains  a  aib- 
stantial  charge  that  some  one  or  more  of  the  provlsicn* 
of  this  article  have  been  violated  or  are  being  violated, 
they  may  proceed  informally,  by  letter  or  otherwise,  to 
investigate  and  settle  the  matter  complained  of  with  the 
common  carrier  of  whom  complaint  is  made,  or  they  say 
proceed  to  make  a  preliminary  Investigation  as  to  I  he 
truth  of  the  charge;  If  satisfied  that  there  Is  sufficient 
ground  for  complaint,  and  that  the  matters  complalr.ed 
of  cannot  be  adjusted  without  a  formal  hearing,  they 
shall  fix  a  day  for  such  hearing  and  notify  both  parties, 
which  notice  shall  he  in  writing,  either  by  letter  or  some 
other  form,   such   as   said   commissioners   may   deem   suffl- 


IS 

I 


Public  Service  Laws 


781 


cient.  At  such  hearing  both  parties  shall  have  full 
cpportunity  to  be  heard.  The  commissioners  shall  have 
the  power  to  adopt  all  such  necessary  rules  and  regula- 
tions ap  to  methods  of  proceedings,  including  the  making 
up  of  issues,  taking  testimony,  preserving  the  same,  heav- 
ing arguments,  making  orders  and  awards,  granting  con- 
tinuances and  rohearings,  and  all  such  other  matters  as 
may  be  necessary  to  a  full  and  final  disposition  of  the 
complaint.  If,  upon  investigation  had  by  the  railroad 
comnils-sioners  under  the  provisions  of  said  §§  3179  to 
S207  such  railroad  commissioners  shall  find  from  the 
testimony  of  witnesses  or  other  evidence  that  anything 
has  been  done  or  omitted  to  be  done  by  any  such  com- 
mon carrier  in  violation  of  the  provisions  of  this  article, 
or  of  any  law  of  this  State  cognizable  by  said  railroad 
commissioners,  or  that  any  common  carrier  proposes  to 
do  or  omits  to  be  done  anything  in  violation  of  the  pro- 
visions ■  of  said  sections,  it  shall  be  the  duty  of  such 
railroad  commissioners  forthwith  to  cause  a  copy  of  their 
finding  in  respect  thereto  to  be  delivered  to  such  common 
carrier,  with  a  notice  to  such  common  carrier  to  cease 
01  desift  from  such  violation  within  a  reasonable  time, 
to  be  specified  by  such  railroad  commissioners.  (R.  S. 
1899.   §  1146,   amended,   Laws   1909,  p.   361.) 

Notice  to  corporation  on  complaint,  how  served.  §  3198 
Id.  When  the  complaint  specified  In  §  3194  shall  allege 
that  unreasonable  charges  are  made  by  any  such  common 
carrier  or  carriers  subject  to  the  provisions  of  said  §§  3179 
to  3207,  for  the  transportation  of  any  freight  thereby,  or 
that  the  rates  specified  upon  the  schedule  or  schedules  ot 
rates  made  by  such  common  carrier  or  carriers,  in  obedi- 
ence to  the  provisions  of  said  sections,  are  unjust,  un- 
reasonable or  extortionate,  it  shall  be  the  duty  of  the 
board  of  railroad  commissioners,  if  in  their  opinion  the 
facts  alleged  present  a  just  cause  of  complaint,  and  if  upon 
hearing  there  appears  to  said  board  to  be  reasonable 
grounds  for  believing  that  the  facts  so  alleged  are  true, 
and  if  in  the  opinion  of  the  board  the  public  good  will  be 
promoted  by  an  examination  thereof,  to  give  notice  in  writ- 
ing to  the  common  carrier  or  carriers  against  which  such 
complaint  shall  have  been  made  of  tlie  fact  and  nature 
thereof,  and  shall  specify  in  such  notice  the  charges  by  It 
made,  and  the  rates  specified  upon  Its  schedules  which 
are  alleged  to  be  unjust,  unreasonable  or  extortionate.  Such 
notice  shall  be  attested  by  the  secretary  of  said  board, 
under  the  seal  thereof,  and  shall  be  served  upon  such  com- 
mon carrier  or  carriers  against  which  such  complaint  is 
made,  by  delivering  a  copy  thereof  at  the  general  office 
of  such  common  carrier  or  carriers,  to  any  person  In  charge 
thereof,  or  to  any  agent  thereof  at  any  depot  or  station 
thereof,  or  on  which  such  common  carrier  or  carriers 
operate,  by  any  messenger  appointed  by  said  board  who 
would  be  a  competent  witness  in  a  suit  at  law  in  this 
State,  or  by  any  officer  authorized  to  serve  process, 
or  by  sending  the  same  by  registered  letter  to  such  com- 
mon carrier  or  carriers  at  such  general  office,  or  to  any 
«uch  agent  having  charge  of  such  depot  or  station  as  afore- 
said.    (R.  S.  1899,  §  1147.) 

Further  action  on  complaint.  §  3199.  Id.  It  such  com- 
mon carrier  or  carriers  shall  not,  within  10  days  after 
the  service  of  such  notice  as  aforesaid,  change  or  modify 
iiuch  charges  or  rates  specified  in  such  notice  in  a  manner 
and  to  an  extent  satisfactory  to  said  board,  then  said  board 
may  proceed  to  examine  and  investigate  the  matters  al- 
leged in  said  complaint,  and  for  that  purpose  may  give 
notice  to  the  parties  making,  and  against  whom  is  made, 
such  complaint — said  notice  to  be  served  as  provided  for 
the  service  of  notices  as  aforesaid,  wherein  it  shall  require 
tuch  common  carrier  or  carriers  to  show  cause  before  said 
board  at  any  place  within  this  State  in  said  notice  specified, 
and  upon  a  date  not  less  than  10  days  after  the  service 
thereof,  why  said  charges  or  rates  should  not  be  modified 
or  changed.      (R.   S.   1899,   §   1148.) 

Hearing  on  complaint — Order.     §  3200.     If  upon   such 

examination  it  shall  appear  to  said  board,  upon  a  full  and 

fair  hearing  of   the  parties   to   said  complaint,  that  the 

facts  therein  alleged  are  true,   and  that  such  charges  or 

rates  should  be  changed  or  modified,  then  said  board  shall, 

by  an  order  entered  upon  the  records  thereof,  find  and  de- 

:  termine  what  would  be  reasonable  and  just  charges  or  rates 

for  the  transportation  by  such  common  carrier  or  carriers 

i  complained  of,  freight  of  the  class  for  which  such  charges 

j  or  rates  complained  of  were  made;   and  a  certified  copy 


ot  such  finding  and  order  so  made  under  the  seal  of  said 
board,  attested  by  the  secretary  thereof,  shall  be  delivered 
to  the  complainants  and  such  common  carrier  or  carriers 
against  which  such  complaint  is  made,  by  registered  letter 
or  otherwise,  as  may  be  proscribed  by  the  rules  ot  said 
board.  The  rates  or  charges  so  found  and  determined  by 
said  order,  proved  by  a  copy  thereof  certified  as  aforesaid, 
shall  in  any  and  all  proceedings  wherein  is  involved  the 
reasonableness  and  justness  of  the  rates  and  charges  by 
such  common  carrier  or  carriers,  be  prima  facie  evidence 
that  the  same  are  reasonable  and  just.  Such  order  may  be 
revoked  or  modified  and  renewed  from  time  to  time  by 
said  board,  but  no  revocation  or  modification  thereof  shall 
go  into  effect  until  10  days  after  the  order  therefor  shall 
be  made.     (R.  S.  1899,  §  1149.) 

Proceedings  lolien  order  of  commissioners  is  disobeyed — 
Circuit  Court — Enforce  or  renew  order — Proceedings.  §  3201. 
Where  the  complaint  involves  either  a  private  or  a  public 
question  as  aforesaid,  and  the  commissioners  have  made  a 
lawful  order  or  requirement  in  relation  thereto,  and  where 
such  common  carrier,  or  the  proper  officer,  agent  or  em- 
ploye thereof,  shall  violate,  refuse  or  neglect  to  obey  any 
such  order  or  requirement,  it  shall  be  lawful  for  the  board 
of  railroad  commissioners,  or  any  person  or  company  in- 
terested in  such  order  or  requirement,  to  apply  In  a  sum- 
mary way,  by  petition,  to  any  Circuit  Court  at  any  county 
In  this  State  into  or  through  which  the  line  of  railway  ot 
the  said  common  carrier  enters  or  runs,  alleging  such 
violation  or  disobedience,  as  the  case  may  be;  and  the 
Bald  court  shall  have  power  to  hear  and  determine  the 
matter  on  such  short  notice  to  the  common  carrier  com- 
plained ot  as  the  court  shall  deem  reasonable.  And  such 
notice  may  be  served  on  such  common  carrier,  Its  olBcera, 
agents  or  servants  in  such  manner  as  the  court  may  direct; 
and  said  court  shall  proceed  to  hear  and  determine  the 
matter  speedily  in  such  manner  as  to  do  justice  in  the 
premises;  and  to  this  end  said  court  shall  have  power,  if 
it  thinks  fit,  to  direct,  and  prosecute  in  such  mode  and 
by  such  persons  as  It  may  appoint,  all  such  inquiries  as 
may  seem  needful  to  enable  it  to  form  a  just  judgment  in 
the  matter  of  such  petition.  On  such  hearing  the  report 
of  said  commissioners  shall  be  prima  facie  evidence  of  the 
matter  therein  stated;  and  if  it  be  made  to  appear  to  the 
court  on  such  hearing,  or  on  report  of  such  persons  ap- 
pointed as  aforesaid,  that  the  lawful  orders  or  require- 
ments of  such  commissioners  drawn  in  question  have  been 
violated  or  disobeyed,  it  shall  be  lawful  for  such  court  to 
Issue  a  writ  of  injunction  or  other  proper  process,  man- 
datory or  otherwise,  to  restrain  such  common  carrier  from 
further  continuing  such  violation  of  such  order  or  require- 
ment ot  said  commissioners  and  enjoin  obedience  to  the 
same.  If  such  court  shall  hold  and  decide  that  any  order 
of  said  board'  of  railroad  commissioners  involved  In  such 
proceeding  was  not  a  lawful  order,  said  court  shall,  without 
any  reference  to  the  regularity  or  legality  of  the  proceed- 
ings ot  said  board  or  of  the  order  thereof,  proceed  to  make 
such  order  as  the  said  board  should  have  made,  and  to 
enforce  said  order  by  the  process  of  said  court,  and  to 
enforce  and  collect  the  forfeitures  and  penalties  herein 
provided  in  all  respects  according  to  the  provisions  ot  said 
§§  3179  to  3207.  And  in  case  ot  any  disobedience  ot  any 
such  injunction  or  other  proper  process,  mandatory  or 
otherwise,  it  shall  be  lawful  for  such  court  to  issue  writs 
of  attachment,  or  other  proper  process  of  said  court  in- 
cident or  applicable  to  writs  of  injunction  or  other  proper 
process,  mandatory  or  otherwise,  against  such  common 
carrier;  and  if  a  corporation,  against  one  or  more  of  the 
directors,  ofl^cers  or  agents  ot  the  same,  or  against  any 
owner,  lessee,  trustee,  receiver  or  other  person  tailing  to 
obey  such  writ  ot  injunction  or  other  process,  mandatory 
or  otherwise;  and  said  court  may  make  an  order  directing 
such  common  carrier  or  other  person  so  disobeying  such 
writ  of  Injunction  or  other  proper  process,  mandatory  or 
otherwise,  to  pay  such  sum  of  money,  not  exceeding  for 
each  carrier  or  person  in  default  the  sum  of  $100  per  day, 
tor  every  day  after  a  day  to  be  named  in  the  order  that 
such  carrier  or  other  person  shall  tail  to  obey  such  In- 
junction or  other  proper  process,  mandatory  or  otherwise; 
and  such  money  shall  be  payable  to  the  school  fund  of  the 
county  in  which  such  proceeding  is  pending;  and  payment 
thereof  may,  without  prejudice  to  any  other  mode  of  re- 
covering the  same,  be  enforced  by  attachment  or  order 


782 


National  Association  of  Eailway  Commissioners 


In  the  nature  o£  a  writ  of  execution,  in  like  manner  as  if 
the  same  had  been  recovered  by  final  decree  in  personam 
In  such  court.  When  the  subject  in  dispute  shall  be  of  the 
value  of  $100  or  more,  either  party  to  such  proceeding 
before  such  court  may  appeal  to  the  proper  Appellate  Court 
in  the  State,  in  the  same  manner  that  appeals  are  taken 
from  such  courts  in  this  State  in  other  proceedings  in- 
volving like  sums  of  money;  but  such  appeal  shall  not 
operate  to  stay  or  supersede  the  order  of  tie  court  or  the 
execution  of  any  writ  or  process  thereon,  unless  stay  of 
proceedings  be  ordered  by  the  court  from  which  the  ap- 
peal is  taken,  or  by  the  Appellate  Court  to  which  the  appeal 
Is  taken,  upon  the  application  of  the  appealing  party. 
Whenever  any  such  petition  shall  be  filed  by  the  commission- 
ers as  aforesaid,  it  shall  be  the  duty  of  the  attorney-general, 
when  requested  by  said  commissioners,  to  prosecute  the 
Bame.  All  proceedings  commenced  upon  such  petition  shall, 
upon  application  of  the  petitioner,  be  advanced  upon  the 
docket  and  take  precedence  of  any  other  case  upon  the 
docket  except  criminal  cases.  The  costs  of  such  proceed- 
ings may  be,  with  the  approval  of  the  attorney-general  and 
governor  of  the  State,  when  such  suit  is  brought  by  any 
private  person,  and  when  brought  by  said  commissioners 
shall  be  ordered  by  the  commissioners  to  be  paid,  in  the 
first  instance,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated;  and  if  upon  final  hearing  the  decision 
is  against  the  said  common  carrier  or  other  person  a.gainst 
whom  the  proceeding  is  being  prosecuted,  such  common 
carrier  or  person  shall  be  liable  for  the  costs,  for  which 
Judgment  may  be  rendered  as  in  any  other  case.  (R.  S. 
1899,  §  1150.) 

Court  may  establish  rate  hy  judgment.  §  3202.  Id. 
Upon  any  hearing  by  any  court  of  any  matter  involving 
the  reasonableness  or  unreasonableness  of  the  rates 
charged  or  proposed  to  be  charged  by  any  such  common 
carrier  in  its  schedule  or  schedules  of  rates,  the  court 
shall  make  a  finding  as  to  what,  in  its  opinion,  is  a  reason- 
able and  Just  rate  of  charge  to  be  made  by  such  common 
carrier,  and  shall  thereupon  enter  judgment  in  accord- 
ance with  such  finding,  and  make  orders  enforcing  the 
same.    (R.  S.  1899,  §  1151.) 

Court  may  modify  order.  §  3203.  Id.  Any  finding  and 
Judgment  made  under  the  provisions  of  the  preceding  sec- 
tion may  be  reviewed  and  changed  or  modified  by  the  court 
rendering  the  same  at  any  time,  upon  the  application  by 
petition  of  any  common  carrier  affected  thereby,  or  upon 
like  application  by  the  railroad  commissioners;  but  no 
Buch  application  shall  be  considered  by  the  court  unless 
at  least  10  days'  notice  of  the  time  and  place  of  making 
the  same,  and  a  copy  of  the  petition,  be  served  on  the 
commissioners  or  common  carrier,  by  or  on  behalf  of  the 
party  making  such  application.     (R.  S.  1899,  §  1152.) 

Act  applies  to  all  shipments,  how.  §  3204.,  All  the  pro- 
visions of  said  §§  3179  to  3207  shall  be  held  to  apply  to 
shipments  made  from  any  point  within  the  State  to  any 
point  within  the  State,  whether  the  transportation  of  the 
same  shall  be  wholly  within  this  State  or  partly  within  this 
and  adjoining  State  or  States.     (R.  S.  1899,  §  1153.) 

Commissioners  liable  to  mandamus  and  fine.  §  3205.  In 
case  that  the  railroad  commissioners  shall  fail  or  refuse 
to  perform  any  act  or  duty  required  of  them  by  said  §§ 
3179  to  3207,  they  shall  be  liable  to  proceedings  in  man- 
damus to  compel  the  performance  of  such  act  or  duty,  and 
in  addition  thereto  shall  be  liable  to  such  fine  as  the  court 
may  impose,  not  exceeding  $500.  A  majority  of  the  rail- 
road commissioners  shall  constitute  a  quorum  to  do  business 
and  any  act  or  decision  of  any  two  of  them  shall  be  taken 
as  the  act  or  decision  of  the  commissioners.  (R.  S.  1899, 
§  1154.) 

Appropriation  to  carry  out  Act.  §  3206.  To  defray  the 
necessary  expenses  of  the  railroad  commissioners  in  mak- 
ing investigations  and  prosecuting  suits,  and  to  pay  all  nec- 
essary costs  attending  the  same,  there  is  hereby  appro- 
priated, out  of  any  money  in  the  State  treasury  not  other- 
wise appropriated,  the  sum  of  $10,000,  to  be  drawn  upon 
the  warrant  of  the  State  auditor,  issued  upon  the  requisi- 
tion of  the  railroad  commissioners,  approved  by  the  gov- 
ernor, which  requisition  shall  be  accompanied  by  an  item- 
ized statement  of  the  costs  and  expenses  to  be  paid.  (R.  S. 
1899,  §  1155.) 

This  article  not  to  repeal  any  other  law.  §  3207.  Said 
§§  3179  to  3207  are  not  intended  to  repeal  any  law  now 


In  force,  unless  in  direct  conflict  therewith,  but  is  intended 
to  be  supplemental  to  such  laws.     (R.  S.  1899,  §  1156.) 

Express  companies  to  have  facilities.  §  3208.  Whenever 
any  express  company  authorized  to  do  business  in  the 
State  of  Missouri  shall  desire  to  carry  on  their  express 
business  along  and  on  the  line  of  any  railroad  in  the  State, 
and  shall  make  application  to  the  officers  or  managers  of 
any  railroad  for  cars,  transportation  and  other  proper 
facilities  to  carry  on  their  said  business,  it  shall  be  the 
duty  of  the  said  railroad  company  to  make  such  arrange- 
ment and  provide  such  facilities  as  will  enable  said  express 
company  to  carry  on  and  transact  its  said  express  busi- 
ness, and  to  receive  and  discharge  freight,  valuables, 
money,  jewelry  and  other  property  intrusted  to  it  for  trans- 
portation, at  all  the  stations  and  stopping  places  on  the  line 
of  said  railroad,  and  it  shall  be  no  excuse  for  refusing  such 
facilities  that  another  express  company  is  already  fur- 
nished with  facilities  and  is  actually  doing  business  on 
the  said  railroad.     (R.  S.  1899,  §  1157.) 

All  express  companies  served  alike.  §  3209.  Id.  Any 
railroad  company  owning  or  operating  a  railway  in  this 
State,  that  shall  refuse  or  deny  any  of  the  rights  and  privi- 
leges granted  to  any  other  express  company  to  the  express 
company  so  applying  for  facilities  to  carry  on  their  said 
business  on  and  along  the  line  of  the  said  railroad,  or  shi  11 
charge,  take  from  or  receive  any  greater  or  different  to  1, 
charge  or  rent  for  the  privilege  of  carrying  on  their  sa  d 
express  business,  or  for  like  services,  than  it  at  the  sane 
time  charges  or  receives  from  any  other  express  companv, 
shall  forfeit  and  pay  for  every  such  refusal,  denial  of  facl  i- 
tles  to  carry  on  their  said  business,  or  for  discriminatic  u 
in  favor  of  any  one  express  company  against  another,  ar  y 
sum  not  less  than  $500  nor  more  than  $1,000,  to  be  reco/-  -. 
ered  by  civil  action  in  any  court  of  competent  jurisdictial 
(R.  S.  1899,  §  1158.)  I  I 

Duty  of  commissioners.     §3210.     Id.     The  railroad  cd  I 
missioners  are  hereby  required  to  take  jurisdiction  of  ■■ 
violations  of  the  provisions  of  §§  3208  to  3210,  inclusWi 
and   see  that  competition  in   the  express  business   is  m\ 
prevented   by   the   refusal   of  said  railroad   companies 
provide  facilities   to  more  than  one   express   company 
carry  on  their  express  business  on  and  along  the  line 
the  said  railroads  at  the  same  time;  and  whenever  the  rall^ 
road  commissioners   shall   in  any  manner  come   into  po >« 
session  of  information  which,  in  their  judgment,  warram  s 
prosecution  of  any  railroad  company  for  preventing  cor  :- 
petition  in  the  express  business  by  refusing  to  grant  facil  - 
ties,  on  equal  terms,  to  two  or  more  express  companies  ca_ 
and  along  the  line  of  their  railway,  or  for  the  violation  1 1 
any  of  the  provisions  of  said  sections,  it  shall  be  the  duty  i' 
the  said  commissioners  immediately  to  cause  suits  to  1 1 
commenced  and  prosecuted  against  such  railroad  compan] 
Such  suits  may  be  instituted  in  any  county  in  the  Stl^j 
into  or  through  which  the  line  of  the  railroad  comp^J 
sued  for  violating  said  sections  may  run,  and  it  is  heretl 
made  the  duty  of  the  attorney-general  and  of  any  projl 
cutlng  attorney  in  the  State,  at  the  request  of  the  railroia 
commissioners,   to   commence   and   prosecute   any   actiois' 
the  said  commissioners  may  desire  to  institute  for  the  vl  >- 
lation  of  any  of  the  provisions  of  said  sections.     (R.  H. 
1899,  §  1159.) 

Penalty  for  overcharges  on  freight.  §3211.  Any  rail 
road  corporation  which  shall  fix,  demand,  take  or  recelV'] 
from  any  person  or  persons,  any  greater  toll  or  compenii 
tlon  for  the  transportation,  receipt,  handling  or  dellv^j 
of  goods  or  merchandise,  in  violation  of  the  provisions  ol 
this  article,  shall  forfeit  and  pay  for  any  such  offense  ary, 
sum  not  exceeding  $1,000,  and  costs  of  suit,  including, 
reasonable  attorney's  fee,  to  be  taxed  by 'any  court  whal'J 
the  same  is  heard  by  appeal  or  otherwise,  to  be  recover«c 
by  civil  action  by  the  party  aggrieved,  in  any  court  having 
jurisdiction  thereof;  and  any  ofllcer,  agent  or  employe  of 
any  such  railroad  corporation  who  shall  knowingly  or 
wilfully  violate  the  provisions  of  this  article  shall  be  lab  e 
to  the  penalties  prescribed  in  this  section.  (R.  S.  1899, 
§  1160.) 

Corporate  powers  to  cease,  when.  §  3212.  If  any  corpo- 
ration formed  under  this  article  shall  not,  within  two  yeai-s 
after  its  articles  of  association  are  filed  and  recorded  In 
the  office  of  the  secretary  of  State,  begin  the  construction 
of  its  road,  and  shall  not  within  one  year  thereafter  expend 


I 


Public  Sehvice  Laws 


783 


thereon  not  less  than  10  per  cent  on  the  amount  of  its 
capital,  or  shall  not  finish  Its  road  and  put  it  in  operation 
in  10  years  from  the  time  of  niing  its  articles  of  association 
as  aforesaid,  its  corporate  existence  and  powers  shall 
cease:  Provided,  that  if  a  portion  of  their  road  shall  be 
finished  and  in  operation,  it  shall  continue  its  corporate 
existence,  with  power  to  hold  and  manage  the  portion  of 
Its  road  so  constructed,  and  for  no  other  purpose.  (R  S 
1899,  §  1161.) 

Existing  and  future  corporations  governed  63/  this  ar- 
ticle. §  3213.  All  existing  railroad  corporations  within 
this  State,  and  such  as  may  be  hereafter  chartered  or 
formed,  shall,  respectively,  have  and  possess  all  the 
powers  and  privileges  contained  in  this  article;  and  they 
shall  be  subject  to  all  the  duties,  liabilities  and  provi- 
sions not  Inconsistent  with  the  provisions  of  their  charter 
herein   contained.      (R.   S.   1899,   §1162.) 

Railroad  corporation  defined.  §  3214.  The  term  "rail- 
road corporation"  contained  In  this  chapter  shall  be 
deemed  and  taken  to  mean  all  coriwrations,  companies 
or  individuals  now  owning  or  operating,  or  which  may 
hereafter  own  or  operate,  any  railroad  in  this  State, 
(R.   S.   1899,   §  1163.) 

Union  stations — Corporation  for  construction  of— Rail- 
road company  may  construct.  §  3215.  In  order  to  facilitate 
the  public  convenience  and  safety  in  the  transmission 
of  goods  and  passengers  in  and  in  the  neighborhood  of 
large  cities,  from  one  railroad  to  another,  and  to  prevent 
the  unnecessary  expense,  inconvenience  and  loss  attend- 
ing the  accumulation  of  a  number  of  stations,  any  number 
of  persons,  not  less  than  five,  or  any  such  number  of  per- 
sons, not  less  than  five,  and  any  railroad  company  or  com 
panics,  are  hereby  authorized  to  form  themselves  into  a 
corporation  under  the  general  laws  of  this  State,  relating 
to  private  corporations,  for  the  purpose  of  constructing, 
establishing  and  maintaining  a  union  station  for  passengers 
or  freight  depots,  or  for  both,  in  or  in  the  neighborhood 
of  any  city  of  this  State,  with  the  necessary  offices 
and  rooms  convenient  therefor,  and  the  appurtenances 
thereto,  and,  for  that  purpose,  may  make  and  sign  arti- 
cles in  which  shall  be  stated  the  number  of  years  the 
same  is  to  continue,  the  city  in  which  the  same  is  t» 
be  located,  the  amount  of  the  capital  stock  of  said  com- 
pany, which  shall  not  exceed  $10,000,000,  the  amount  of 
each  share  of  stock,  the  names  and  places  of  residence  of 
Its  directors  who  shall  manage  its  affairs  for  the  first 
year  and  until  others  are  chosen  in  their  place,  the  num- 
ber of  its  directors,  which  shall  not  be  less  than  five 
nor  more  than  20,  and  shall  also  state  the  amount  of 
stock  taken  by  each  subscriber.  And  any  railroad  com-' 
pany  may  construct,  build,  operate  and  maintain  a  union 
station  in  or  in  the  neighborhood  of  any  city  of  this 
State  for  passengers  or  freight  depots,  or  for  both, 
with  the  necessary  olfices  and  rooms  convenient  therefor, 
and  the  appurtenances  thereto,  and  shall  have  like  powers 
In  connection  with  any  such  union  station  or  depots,  or 
both,  as  are  possessed  by  union  depot  companies  formed 
under  this  section.  (R.  S.  1899,  §  1164,  amended.  Laws 
1903,  p.  129.) 

Powers  of  such  corporation  or  railroad  company,  f  3216. 
Every  corporation  formed  under  the  preceding  section,  and 
every  railroad  company  which  may  build  and  operate  a 
union  station  or  depot  under  said  section,  shall.  In  addi- 
tion to  the  general  powers  conferred  by  the  laws  of  this 
State,  in  relation  to  corporations,  have  power:  First,  to 
take  and  hold  for  the  purposes  mentioned  In  said  section 
such  real  estate  and  railroad  and  other  property  as  it 
may  acquire  by  conveyance  to  said  corporation,  and  such 
real  estate  as  it  may  acquire  under  the  provisions  of  said 
previous  section,  by  condemnation;  second,  to  take,  oc- 
cupy and  condemn  any  lands  and  real  estate  needed  for 
the  establishment  of  such  union  station  or  depot,  or  the 
terminal  facilities  In  connection  therewith,  and  the  same 
proceedings  shall  be  had  therefor  as  provided  by  law 
relating  to  the  appropriation  and  valuation  of  land  taken 
for  telegraph,  macadamized,  graded,  plank  or  railroad 
purposes,  so  far  as  applicable  thereto,  and,  when  so  con- 
demned, the  said  land  and  any  interest  therein  shall  be- 
long to  such  corporation  or  owner  thereof;  third,  to  hold 
and  acquire,  by  purchase  or  condemnation,  any  such  real 
estate  as  may  be  requisite  or  necessary  for  the  purpose 
of  constructing,  erecting,   maintaining  and  operating  ter- 


minal   facilities    for    the    use    of    the    railroads   occupying 
or  having  access  to  such  union  station  or  depot,  and  also 
to    build,    maintain    and    operate    terminal    railroads    and 
terminal   facilities    to   be   used   in   connection   with   such 
union  station  or  depot,  and  to  build,  maintain  and  operate 
railroads,  ferries  and  bridges  over  navigable  streams,  or 
otherwise,  and  to  construct  tunnels  as  and  for  approaches 
to    said    union    station   or    depot,    and    to    such    extent   as 
may   be    deemed   necessary   by   the   corporation   operating 
and    maintaining    such    union    station    or    depot,    and    for 
such  purposes  to  acquire  property  and  extend  its  terminal 
facilities    beyond    the    limits    of    this    State,    and    also    to 
transport,  or  permit  to  be  transported,  persons  and  prop- 
erty  over  such   railroads,   ferries   and   bridges  as  may  be 
built  or  operated  by  any  corporation  operating  thereunder, 
and  to  charge  compensation  therefor,  and  such  depot  or 
railroad  company  may  acquire  and  hold  the  stock  and  ob- 
ligations of  any  company  operated  in  connection  with  or 
forming    part    of    the    terminal    facilities    of    such    union 
depot  or  railroad  company,  and  may  guarantee  the  prin- 
cipal and  Interest  of  such  obligations  and  dividends  upon 
such   stock;    fourth,   to   have   the   right   to   lay  the  neces- 
sary   tracks    across,    over,    upon    or    under    such    streets 
of  the  city  in  which  said  station  or  depot  Is  to  be  con- 
structed,  and   across,   over,   upon  or  under  such  roads  of 
the  county  or  counties  into  which  such  terminal  facilities 
are    to    be    extended,    as    may    be    necessary    in    order   to 
make   the   necessary   connections   with   all   such   railroads 
as  are  to  have  access  to  said  station  or  depot,  and  also 
to    construct    such    station    or    depot   across,    under,   over 
or  upon  any  such  streets  or  roads:     Provided,  that  noth- 
ing herein   contained  shall  be  construed  to  authorize  the 
construction    of    such    tracks,    or    station    or    depot,    not 
already   located,    across,   under,   over  or   upon   any   street 
In   a   city   or  a  road  of  any  county,  without  the  consent 
of   the    corporate   authorities   of   such   city  or   the   county 
court  of  such  county;   fifth,  from  time  to  time,  to  borrow 
such   sums  of  money   as  may  be  necessary  for  the  con- 
struction,   completion,    equipment,    maintenance,   finishing, 
operating  or   repairing  of  such   station  or  depot,  and  the 
terminal  fecilities  connected  therewith,  or  for  the  purpose 
of  funding  its  floating  debt,  or  refunding  its  bonded  debt, 
or    for    the    purpose    of    making   additions,    alterations    or 
betterments    to    its    property,    authorized    by    its    charter, 
or  for  making  any  cpnnection  with  any  railroad  which  Is 
to   have  access   to  such   union  station  or  depot,  or  with 
any   bridge   or   tunnel   connected   with   or   forming  a  part 
of  such  terminal  facilities,  or  for  the  construction,  altera- 
tion  or   repair   of  any  such  bridge   or  tunnel   connected 
with  or  forming  a  part  of  such  terminal  facilities,  and  for 
any  or  all  of  the  above  named  purposes,  may  issue,  sell, 
hypothecate  and   dispose   of  its   corporate  bonds  for  such 
amounts  and  at  such   prices  as  may  by  such  corporation 
be  deemed  proper  for  obtaining  any  amount  so  borrowed, 
and   may   mortgage  its   corporate  property  and  franchise 
or    franchises,    or    any    part    or   parts    thereof,    to   secure 
the  payment  of  such  bonds,  or  of  any  debt  so  contracted 
by   such    corporation   for   any   of   the   purposes   aforesaid; 
sixth,  to  open,  from  time  to  time,  books  of  subscription 
to   the   remainder  of   the   capital   stock  not  taken   by  the 
subscribers  to  the  articles  of  association:     Provided,  how- 
ever,   that   any    company   organized    under   the    preceding 
section    shall    not    have    the    power    by    condemnation    to 
acquire    the    property    now    owned    by    any    other    union 
depot  company  or  railroad  company  and  used  or  needed 
for  its  corporate  purposes,  but  any  company  formed  here- 
under shall  have  the  same  right  and  power  to  intersect, 
connect   with  and  cross  other  railroads   with   Its  tracks, 
and   to   join   and   unite   its   tracks   with   those  of  similar 
companies  or   railroad   companies  as   is  by  the  constitu- 
tion and  laws  of  this  State  conferred  upon  railroad  com- 
panies,  and   the   same   method   of   ascortaining  the   com- 
pensation   to    be    made    therefor    shall    apply    as    is    pro- 
vided  in   the    case   of   railroad    companies   under   similar 
circumstances.     (R.   S.   1899,  §1165,  amended.  Laws   1903 
p.   130.) 

Stockyards  and  cars— Gleaned.  %  3217.  It  shall  be  un- 
lawful for  any  railroad  or  stock-yard  company  or  corpo- 
ration, or  any  agent,  servant  or  employe  of  any  railroad 
or  stock-yard  company  or  corporation,  to  unload,  be- 
tween the  first  day  of  June  and  the  first  day  of~No- 
vember  of  each  year,  or  empty  or  clean  out,  any  pen 
or  stock-yard,   or   any  car  or  cars   In   which  any  cattle. 


784 


National  Association  of  Kailway  Commissioners 


horses,  mules,  sheep,  swine  or  other  live  stock  have 
been  confined  or  shipped,  on  any  but  lands  inclosed 
by  a  lawful  fence  and  not  in  or  adjacent  to  any  springs 
or  running  stream  of  water.  And  it  is  hereby  made 
the  duty  of  every  railroad  corporation  in  this  State  to 
thoroughly  clean  all  its  cars  for  the  transportation  of 
live  stock  and  other  property,  and  to  furnish  all  cars 
to  the  person  or  persons  ordering  same  at  the  point 
of  shipment,  thoroughly  cleaned  and  in  good  condition 
for  the  transportation  of  such  stock,  goods  or  material 
to  be  shipped  or  transported.  Any  railroad  company, 
corporation  or  person  offending  against  the  provisions 
Of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  Bum 
of  not  less  than  |50  nor  more  than  $500.  (R.  S.  1899, 
S  1166.) 

Penalty  for  violation  of  preceding  section.  §  3218.  In 
every  case  where  any  animal  belonging  to  another  shall 
become  diseased  or  die  by  reason  of  the  non-compliance 
of  any  railroad  company  or  corporation  with  the  pro- 
visions of  the  preceding  section,  the  owner  of  such  ani- 
mal may  recover  against  such  railroad  company  or  cor- 
poration the  full  amount  of  all  damages,  together  with 
all  costs  of  prosecution.     (R.  S.  1899,  §  1167.) 

Duty  of  railroad  companies  to  maintain  connecting 
$witches,  ichen.  §  3219.  It  shall  be  the  duty  of  every  rail- 
road corporation  or  corporations,  owning  or  operating  any 
railroad  or  railroads  in  this  State,  upon  an  order  from 
the  railroad  and  warehouse  commissioners  so  to  do,  upon 
petition  to  said  railroad  and  warehouse  commissioners  by 
not  less  than  10  persons  who  may  deem  themselves 
Interested,  to  construct  and  maintain  spurs  or  switches 
at  any  place  in  this  State  where  any  railroad  or  railroads 
cross  each  other  at  grade,  so  as  to  permit  shipments 
and  loaded  cars  to  be  transferred  and  transported  from 
any  one  of  such  railroads  so  crossing  another  into  the 
custody  of  the  railroad  so  crossed.     (R.  S.  1899,  §  11G9.) 

Live  stock  to  have  precedence  in  shipment  over  dead 
freight.  §  3220.  Whenever  dead  freight  and  live  stock 
come  in  competition  with  each  other  for  shipment  at  any 
•uch  railroad  crossing.  It  shall  be  the  duty  of  the  corporation 
contracting  or  engaged  in  shipping  live  stock,  to  ship 
the  live  stock  without  delay,  and  to  give  such  preference 
In  being  moved  over  dead  freight  so  being  shipped  from 
the  place  of  such  crossing,  or  arriving  at  any  such  point 
from  any  other  place  on  any  one  of  such  roads  so  cross- 
ing each  other.     (R.  S.  1899,  §  1170.) 

Penalty  for  failure  to  comply  with  preceding  sections. 
I  3221.  Any  railroad  corporation  or  corporations  owning 
or  operating  any  such  railroads  so  crossing  each  other 
as  aforesaid  shall  build,  construct  and  maintain  such 
spurs  and  switches  as  provided  by  the  provisions  of 
{  S  3219  to  3221,  inclusive,  within  90  days  after  the  receipt 
of  any  such  order  from  the  railroad  and  warehouse  com- 
missioners, and  to  maintain  the  same  for  the  purposes  of 
said  sections,  and  for  failure  so  to  do,  such  corporation, 
BO  being  ordered  as  aforesaid,  shall  for  each  offense  pay 
to  the  county  in  which  such  crossing  may  be,  for  the  use 
of  the  school  fund  of  such  county,  the  sum  of  |500,  to 
be  recovered  by  civil  action  by  such  county.  (R.  S.  1899, 
11171.) 

Depots  to  be  maintained  at  grade  crossings,  when. 
I  3222.  The  board  of  railroad  and  warehouse  commission- 
ers shall  have  authority,  whenever,  in  the  opinion  of  the 
board,  the  public  service  demands  it,  to  require  railway 
companies,  whose  tracks  cross  each  other  at  grade, 
to  construct  and  maintain  joint  depots  and  stations  at 
such  crossings,  upon  60  days'  notice  to  the  railroad 
companies  to  be  affected  by  such  order.  (R.  S.  1899, 
I  1172.) 

Depots  to  6e  maintained  at  agreed  places.  §  3223.  Where 
the  right  of  way  for  the  construction  of  a  railroad  has 
been  granted  over  and  across  any  tract  or  tracts  of 
land  in  this  State,  or  any  donations  made  to  and  ac- 
cepted by  any  railroad  corporation  in  consideration  of 
the  location  of  a  depot  at  a  specified  place  upon  such 
railroad,  and  such  depot  has  been  constructed  at  the 
place  80  agreed  upon  and  a  postofflce  has  been  estab- 
lished there  and  a  village  or  town  built  at  said  place, 
it  shall  be  the  duty  of  the  company  managing  and  oper- 
ating any  such  railroad  (whether  it  be  the  original  cor- 
poration to  which  said  grant  or  donation  was  made,  or 


a  corporation  succeeding  to  the  rights  of  such  original 
company)  to  keep  and  maintain  a  depot  In  charge  of  a 
resident  agent  at  said  place  or  places,  and  to  furnish 
all  proper  and  suitable  facilities  for  the  shipment  of 
freight  and  the  transportation  of  passengers  to  and  from 
Bald  station.     (Laws  1901,  p.  100.) 

Such  depots,  how  discontinued  or  aJ)andoned.  {  3224. 
If  any  railroad  company  shall  desire  to  abandon  any 
such  dejKit,  or  to  remove  the  resident  agent  therefrom, 
or  to  discontinue  the  same,  it  may  file  a  petition  with 
the  railroad  and  warehouse  commissioners  asking  ptT- 
mission  so  to  do,  and  upon  the  reception  of  said  peti- 
tion the  commissioners  shall  fix  a  time  and  place  for 
hearing  the  same,  and  give  notice  thereof  to  all 
parties  interested,  and  if  the  commissioners,  after 
hearing  all  i>arties  interested,  shall  find  that  the  public 
convenience  does  not  require  the  maintenance  of  such 
depot  or  the  keeping  of  a  resident  agent  in  charge  there- 
of, they  may,  by  an  order  duly  entered  upon  their 
records,  authorize  the  abandonment  and  discontinuance 
of  such  depot,  or  the  removal  of  the  resident  agent: 
Provided,  however,  that  this  shall  not  release  said  com- 
pany from  any  liability  to  the  donor  or  donors  or  grantor 
or  grantors  of  such  right  of  way,  but  shall  only  absolve 
said  corporation  from  the  penalties  prescribed  :n 
§  §  3223  to  3225,  Inclusive,   (l^aws  1901,  p.  100.) 

Penalty — How  recovered.  §  3225.  Id.  If  any  railroi.d 
corporation  shall  fail  or  neglect  to  keep  and  mainta  a 
a  depot  in  charge  of  a  resident  agent,  as  hereinbefo  e 
prescribed,  or  shall  fall  or  neglect  to  provide  prop'r 
and  suitable  facilities  for  the  shipment  of  freight  ai  d 
the  transportation  of  passengers  to  and  from  such  depc  t, 
as  required  by  §  §  3223  to  3225,  inclusive,  unless  13- 
lieved  therefrom  in  the  manner  provided  in  the  precel- 
Ing  section,  such  railroad  company  shall  forfeit  and  pi.y 
the  sum  of  $10  for  each  and  every  day  that  it  shall  fail  <  t 
neglect  to  comply  with  the  requirements  of  said  sectioi  ?, 
which  shall  be  recovered  in  any  court  of  competent  jurij- 
dlctlon,  in  an  action  in  the  name  of  the  State  upon  tl  e 
relation  of  the  prosecuting  attorney  of  the  proper  count ', 
and  the  money  so  collected  shall  be  paid  into  the  coi  i- 
mon  school  fund  of  the  county  in  which  said  dep  )t 
should  be  maintained.  A  reasonable  fee  in  favor  of  tl  e 
prosecuting  attorney  to  be  fixed  by  the  court  in  whi<  h 
said  suit  Is  tried  shall  be  taxed  as  costs  In  the  cas  ■;. 
Said  railroad  company  shall  also  be  liable  to  any  perse  a 
who  may  sustain  any  damages  by  reason  of  the  failu  e 
of  such  company  to  comply  with  said  sections.  (Lav  a 
1901,    p.    100.) 

Formation  of  corporation  to  tuild  line  from  county  se  it 
to  railroad  or  river.  J  3226.  For  the  sole  purpose  of  co  i- 
necting  county  seats  in  the  State  of  Missonri  with  ra  1- 
roads,  or  with  the  Missouri  or  Mississippi  rivers,  whe  e 
such  connection  does  not  already  exist,  it  shall  be  la  .- 
ful  for  any  number  of  citizens  of  such  county,  not  le  a 
than  five  in  number,  to  form  a  corporation,  with  whs  t- 
ever  amount  of  capital  stock  may  be  deemed  necessary  1  y 
such  citizens,  for  the  purpose  of  building  an  electr  c 
railroad  from  such  county  seat  to  some  other  railroa  1, 
or  to  the  Missouri  or  Mississippi  rivers,  as  before  state  1. 
(R.   S.    1899,    §  1173.) 

Powers  and  duties,  i  3227.  Such  Incorporation  shi  11 
possess  all  the  rights,  privileges  and  powers  given  to  ai  y 
railroad  corporation  by  the  laws  of  this  State,  and  in  a  1- 
dltlon  thereto,  shall  not  be  required  to  have  any  great  'r 
amount  of  stock  than  to  the  incorporators  thereof  miiy 
seem  necessary;  and  provided  further,  that  said  c<  p- 
poratlon  shall  have  power  to  create  whatever  amouit. 
of  bonded  indebtedness  such  corporation  may  deem  n(C-' 
essary.      (R.   S.   1899,   §  1174.) 

Interurban  railroads — Powers  of  company.  {  3228.  Aiiy 
corporation  now  existing,  or  that  may  hereafter  be  in- 
corporated, for  the  purpose  of  constructing,  buildlr^, 
owning,  operating  and  maintaining  an  interurban  elec- 
tric railroad,  shall  have  and  possess  the  same  rights  and 
be  subject  to  the  same  liabilities,  and  shall  be  governjd 
by  the  same  powers,  laws,  limitations,  restrictions  and 
proceedings  now  governing  railroads  In  this  article  for 
the  condemnation  of  lands  for  right  of  way,  and  the 
fencing   thereof.    (Laws   1907,   p.   174.) 

Foreign  and  non-resident  railroad  companies  prohihiteA 
from  transferring  suits  to  Federal  courts — Penalty.    {  3229. 


Public  Service  Laws 


785 


If  any  foreign  or  non-resident  railway  corporation  of 
whatever  kind,  incorporated,  created  and  existing  under 
the  laws  of  any  other  State,  Territory  or  country,  and 
doing  business  as  a  carrier  of  freight  or  passengers 
from  one  point  in  this  State  to  another  point  in  this 
State,  under  the  laws  of  this  State,  regulating  or  author- 
izing the  licensing  of  or  the  issuing  of  a  permit  or  a 
certificate  of  authority  to,  or  suffering  or  allowing  any 
Btich  corporation  to  enter  or  to  do  business  in  this 
State,  shall,  without  the  consent  of  the  other  party, 
in  writing,  to  any  suit  or  proceeding  brought  by  or 
against  it  in  any  court  of  this  State,  remove  said  suit 
or  proceeding  to  any  Federal  Court,  or  shall  institute 
any  suit  or  proceeding  against  any  citizen  o£  this  State 
In  any  Federal  Court,  the  license,  permit,  certificate  of 
authority  and  all  right  of  such  corporation  and  its  agents 
to  carry  passengers  or  freight  from  one  point  in  this 
State  to  another  point  in  this  State  shall  forthwith  be 
revoked  by  the  secretary  of  State,  and  its  right  to  do 
such  business  shall  cease,  and  the  secretary  of  State 
shall  publish  such  revocation  in  some  newspaper  of  large 
and  general  circulation  in  the  State,  and  such  corpora- 
tion shall  not  again  be  authorized  or  permitted  to  carry 
passengers  or  freight  from  one  point  in  this  State  to  an- 
other point  in  this  State  or  to  do  business  as  a  carrier 
of  passengers  or  freight  of  any  kind  from  one  point 
in  this  State  to  another  point  in  this  State  at  any  time 
within  five  years  from  the  date  of  such  revocation  or 
the  cessation  of  such  right.  But  the  revocation  of  such 
license,  permit,  right,  certificate  of  authority,  or  the  cessa- 
tion of  such  right,  shall  not  be  deemed  to  prohibit  or 
prevent  such  corporation  from  carrying  passengers  or 
freight  from  a  point  within  this  State  to  a  point  without 
this  State,  or  from  a  point  without  this  State  to  a  point 
within  this  state,  or  from  making  what  are  known  as 
interstate  shipments  and  transportation.  (Laws  1907, 
p.   174.) 

Foreign  and  non-resident  railroad  companies  not  to  do 
business  tcithout  license— Penalty.  §  3230.  If  any  corpora- 
tion included  in  the  provisions  of  the  preceding  section 
shall  carry,  or  attempt  to  carry,  or  hold  Itself  out  to  carry 
passengers  or  freight  of  any  kind  from  one  point  In  this 
State  to  another  point  in  this  State,  without  a  license, 
permit  or  certificate  of  authority  therefor  first  had  and 
obtained  from  the  State  of  Missouri — to  be  issued  by  the 
secretary  of  State — or  after  its  license,  permit,  right  or 
certificate  of  authority  to  carry  passengers  or  freight  of 
any  kind  from  one  point  in  this  State  to  another  point  in 
this  State,  shall  have  been  revoked  or  ceased,  as  provided 
for  by  the  preceding  section,  it  shall  forfeit  and  pay  to  the 
State  of  Missouri  for  each  offense  a  penalty  of  not  less  than 
$2,000  nor  more  than  $10,000,  suit  to  be  brought  therefor 
In  any  court  of  competent  jurisdiction  by  the  attorney- 
general,  or  the  prosecuting  attorney  of  any  county  in  the 
State  in  which  such  offense  shall  have  been  committed; 
and  such  offense  shall  be  deemed  to  have  been  committed 
either  in  the  county  where  such  transportation  originated 
or  In  the  county  where  it  terminated.  And  the  governor 
may,  whenever  he  shall  deem  it  necessary,  appoint  special 
counsel  to  assist  the  attorney-general  or  any  prosecuting 
attorney  to  enforce  or  carry  out  the  provisions  of  this  and 
the  preceding  section.    (Laws  1907,  p.  174.) 

Companies  may  consolidate,  when.  %  3077.  Any  two  or 
more  railroad  companies  in  this  State,  existing  under  either 
general  or  special  laws,  and  owning  railroads  constructed 
wholly  or  in  part,  which,  when  completed  and  connected, 
will  form  in  the  whole  or  in  the  main  one  continuous  line 
of  railroad,  are  hereby  authorized  to  consolidate  in  the 
whole  or  in  the  main,  and  form  one  company  owning  and 
controlling  such  continuous  line  of  road,  with  all  the 
powers,  rights,  privileges  and  Immunities,  and  subject  to 
all  the  obligaticns  and  liabilities  to  the  State,  or  otherwise, 
which  belonged  to  or  rested  upon  either  of  the  companies 
making  such  consolidation.  In  order  to  accomplish  such 
consolidation,  the  companies  interested  may  enter  Into 
contract  fixing  the  terms  and  conditions  thereof,  which 
shall  first  be  ratified  and  approved  by  a  majority  in  Interest 
of  all  the  stock  held  in  each  company  or  road  proposing  to 
consolidate,  at  a  meeting  ot  the  stockholders  regularly  called 
for  the  purpose,  or  by  the  approval.  In  writing,  of  the  per- 
Bons  or  parties  holding  and  representing  a  majority  of  such 
stock.  A  certified  copy  of  such  articles  of  agreement,  with 
the  corporate  name  to  be  assumed  by  the    new   company. 


shall  be  filed  with  the  secretary  of  State,  when  tht 
consolidation  shall  be  considered  duly  consummated,  and 
a  certified  copy  from  the  office  of  the  secretary  of  Stat« 
shall  be  deemed  conclusive  evidence  thereof.  The  board 
of  directors  of  the  several  companies  may  then  proceed 
to  carry  out  such  contract  according  to  its  provisions, 
calling  in  the  certificates  of  stock  then  outstanding  in  th« 
several  companies  or  roads,  and  issuing  certificates  of 
stock  In  the  new  consolidated  company,  under  such  corpo- 
rate name  as  may  have  been  adopted:  Provided,  however, 
that  the  foregoing  provisions  of  this  action  shall  not  bo 
construed  to  authorize  the  consolidation  of  any  railroad 
companies  or  roads,  except,  when  by  such  consolidation  a 
continuous  line  of  roads  is  secured,  running  in  the  whole 
or  In  the  main  in  the  same  general  direction;  and  provided. 
It  shall  not  be  lawful  for  said  roads  to  consolidate  In 
whole  or  in  part,  when  by  so  doing  it  will  deprive  th« 
public  of  the  benefit  of  competition  between  said  roads. 
And  In  case  any  such  railroad  companies  shall  consolidat* 
or  attempt  to  consolidate  their  roads  contrary  to  the  pro- 
visions of  this  article,  such  consolidation  shall  be  void,  and 
any  person  or  party  aggrieved,  whether  stockholder  or  not, 
may  bring  action  against  them  in  the  Circuit  Court  of  any 
county  through  which  such  road  may  pass,  which  court 
shall  have  jurisdiction  in  the  case  and  power  to  restrain 
by  Injunction  or  otherwise.  And  in  case  any  railroad  In 
this  State  shall  hereafter  intersect  any  such  consolidated 
road,  said  road  or  roads  shall  have  the  right  to  run  their 
freight  cars  without  breaking  bulk  upon  said  consolidated 
road,  and  such  consolidated  road  shall  transact  the  busi- 
ness of  said  intersecting  or  connecting  road  or  roads  on 
fair  and  reasonable  terms.  Before  any  railroad  companies 
shall  consolidate  their  roads,  under  the  provisions  of  thl« 
article,  they  shall  each  file  with  the  secretary  of  State 
a  resolution  accepting  the  provisions  thereof,  to  be  signed 
by  their  respective  presidents  and  attested  by  their  re- 
spective secretaries,  under  the  seal  of  their  respective  com- 
panies, which  resolution  shall  have  been  passed  by  a  ma- 
jority vote  of  the  stock  of  each,  at  a  meeting  of  the  stock- 
holders to  be  called  for  the  purpose  of  considering  the 
same,  60  days'  public  notice  of  the  time,  place  and  purpose 
of  such  meeting  having  been  given  by  advertisement  In 
some  newspaper  printed  in  the  county  where  the  general 
ofiBcers  of  said  company  or  companies  of  this  State  are 
situated.    (R.  S.  1899,  §  1059.) 

May  aid  other  railroads,  on  what  terms.  §  3078.  Any 
railroad  company  heretofore  incorporated  or  hereafter  or- 
ganized in  pursuance  of  law,  may,  at  any  time,  by  means 
of  subscription  to  the  capital  stock  of  any  other  railroad 
company,  or  otherwise,  aid  such  company  in  the  construc- 
tion of  its  railroad  within  or  without  the  State,  for  the  pur- 
poses of  forming  a  connection  of  the  last  mentioned  road 
with  the  road  owned  by  the  company  furnishing  such  aid, 
or  any  such  railroad  company  which  may  have  built  Its 
road  to  the  boundary  lines  of  the  State  may  extend  Into 
the  adjoining  State,  and  for  that  purpose  may  build,  buy, 
lease  or  consolidate.  In  the  manner  provided  In  the  preced- 
ing section,  with  any  railroads  in  such  adjoining  State,  and 
operate  the  same,  and  may  own  such  real  estate  and 
other  property  In  such  adjoining  State  as  may  be  convenient 
In  operating  such  road;  or  any  railroad  company  organized 
In  pursuance  of  the  laws  of  this  or  any  other  State,  or  of 
the  United  States,  may  lease  or  purchase  all  or  any  part 
of  a  railroad,  with  all  Its  privileges,  rights,  franchises,  real 
estate  and  other  property,  the  whole  or  a  part  ot  which 
Is  In  this  State,  and  constructed,  owned  or  leased  by  any 
other  company,  if  the  lines  of  the  road  or  roads  of  such 
companies  are  continuous  or  connected  at  a  point  either 
within  or  without  this  State,  upon  such  terms  as  may  be 
agreed  upon  between  said  companies  respectively;  or  any 
railroad  company  duly  incorporated  and  existing  under 
the  laws  of  any  State  of  the  United  States  may  extend, 
construct,  maintain  and  operate  its  railroad  into  and  through 
this  State,  and  for  that  purpose  shall  possess  and  exercise 
all  the  rights,  powers  and  privileges  conferred  by  the 
general  laws  of  this  State  upon  railroad  corporations  op- 
ganlzed  thereunder,  and  shall  be  subject  to  all  the  duties, 
liabilities  and  provisions  of  the  laws  of  this  State  concern- 
ing railroad  corporations,  as  fully  as  if  incorporated  In  this 
State:  Provided,  that  no  such  aid  shall  be  furnished,  nor 
any  purchase,  lease,  subletting  or  arrangements  perfected 
until  a  meeting  ot  the  stockholders  of  said  company  or 


786 


National  Association  of  Eailway  Commissioners 


companies  of  this  State,  party  or  parties  to  such  agreement, 
whereby  a  railroad  In  this  State  may  be  aided,  purchased, 
leased,  sublet,  consolidated  or  affected  by  such  arrange- 
ments shall  have  been  called  by  the  directors  thereof,  at 
Buch  times  and  places  and  in  such  manner  as  they  shall 
designate,  60  days'  public  notice  thereof  having  been  pre- 
viously given  and  the  holders  of  a  majority  of  the  stock  of 
BUch  company,  in  person  or  by  proxy,  shall  have  assented 
thereto,  or  until  the  holders  of  a  majority  of  the  stock 
of  such  company  shall  have  assented  thereto,  in  writing, 
and  a  certificate  thereof,  signed  by  the  president  and  secre- 
tary of  said  company  or  companies,  shall  have  been  filed 
in  the  ofllce  of  the  secretary  of  State;  and  provided  further, 
that  if  a  railroad  company  of  another  State  shall  lease 
a  railroad,  the  whole  or  a  part  of  which  is  in  this  State, 
or  make  arrangement  for  operating  the  same  as  provided 
In  §§  3077  and  3078,  or  shall  extend  its  railroad  into  this 
State,  or  through  this  State,  such  part  of  said  railroad  as 
Is  within  this  State  shall  be  subject  to  taxation,  and  shall 
be  subject  to  all  regulations  and  provisions  of  law  govern- 
ing railroads  in  this  State;  and  a  corporation  in  this  State 
leasing  its  road  to  a  corporation  of  another  State,  or  licens- 
ing or  permitting  a  corporation  of  another  State,  under 
«ny  running  arrangement,  to  run  engines  and  cars  upon  its 
road  in  this  State,  shall  remain  liable  as  if  it  operated  the 
road  itself;  and  a  corporation  of  another  State,  being  a 
lessee  of  a  railroad  in  this  State,  or  running  its  engines  and 
cars  upon  a  railroad  in  this  State  under  a  license,  permit 
or  running  arrangement,  shall  likewise  be  held  liable  for 
the  violation  of  any  of  the  laws  of  this  State,  and  may  sue 
and  be  sued  in  all  cases  and  for  the  same  causes  and  in 
the  same  manner  as  a  corporation  of  this  State  might  sue 
or  be  sued  if  operating  its  own  road;  but  a  satisfaction 
of  any  claim  or  judgment  by  either  of  said  corporation* 
shall  discharge  the  other;  and  a  corporation  of  another 
State,  being  the  lessee  as  aforesaid,  or  extending  its  rail- 
•  road  as  aforesaid  into  or  through  this  State,  shall  establish 
and  maintain  an  office  or  offices  in  this  State,  at  some  point 
or  points  on  the  line  of  the  road  so  leased  or  controlled 
and  operated,  at  which  legal  process  and  notice  may  be 
served  as  upon  railroad  corporations  of  this  State  (R  S 
1899,  §  1060.) 

Liability  of  companies  for  detts,  etc.,  after  sale—Con- 
lolidation — Lease — Assignment — Suits  for  recovery  author- 
ized. §  3079.  Whenever  any  railroad,  street  railway, 
terminal  or  other  railway  corporation  owning,  operating, 
maintaining,  managing  or  running  any  railway  or  railroad, 
of  any  kind  whatsoever,  in  this  State,  shall  sell,  transfer, 
consolidate,  lease  or  assign  any  such  railroad,  or  railway, 
or  any  part  thereof  or  interest  therein,  to  or  with  any 
other  railroad,  railway,  corporation,  person  or  persons,  such 
railroad,  railway,  corporation,  person  or  persons,  and  its  or 
their  successors  and  assigns,  shall  take  and  hold  the  same 
subject  to  the  payment  of  all  judgments,  claims,  debts, 
liens  and  liabilities  existing  against  such  railroad,  street 
railway,  terminal  or  other  railway  corporation,  at  the  Urns 
of  the  sale,  transfer,  consolidation,  lease  or  assignment 
thereof.  And  whenever  any  such  railroad,  street  railway  or 
other  railway  company  or  corporation,  or  any  receiver 
thereof,  shall  lease  its  road  or  track  or  any  part  thereof  to 
any  other  company  or  corporation,  or  shall  license  or  per- 
mit any  other  company  or  corporation,  under  any  running 
agreement,  to  run  cars,  engines  or  rolling  stock  upon  its 
road  or  track  in  this  State,  the  company  or  corporation  so 
leasing  its  road,  or  such  part  thereof,  to  such  other  com- 
pany or  corporation,  or  so  licensing  or  permitting  the  use 
of  its  road  or  track  by  such  other  company  or  corporation, 
shall  remain  liable  for  all  acts,  debts,  claims,  demands, 
Judgments  and  liabilities  of  the  lessee  or  licensee,  or  any 
Bub-lessee  or  sub-licensee,  company  or  corporation,  the  same 
as  if  it  (the  lessor  or  licensor)  operated  the  road,  or  such 
part  thereof,  itself;  and  such  lessee  or  licensee  shall  like- 
wise be  held  liable  and  may  sue  and  be  sued  in  all  cases 
and  for  the  same  causes,  and  in  the  same  manner,  as  if 
operating  Its  own  road:  Provided,  however,  that  a  satis- 
faction in  full  of  any  claim  or  judgment  by  either  of  such 
corporation  or  company,  shall  discharge  the  other.  And 
suit  may  be  brought  upon  any  such  claim,  debt,  lien  or 
liability  against  either  the  corporation  to  whom  any  such 
Bale,  transfer,  lease,  or  assignment  has  been  made,  or  with 
which  such  consolidation  has  been  had,  or  against  the  cor- 
poration so  selling,  transferring,  leasing,  consolidating  or 
assigning,   or  against  both  such   corporations,  jointly,  at 


the  option  of  such  claimant,  and  if  any  suit  shall  be  pend- 
ing against  the  corporation  so  selling,  transferring,  leasing, 
assigning,  at  the  time  of  any  such  sale,  transfer,  consolida- 
tion, lease  or  assignment,  the  plaintiff  therein  may,  at  his 
option,  and  upon  motion,  have  the  corporation  or  person  so 
purchasing,  receiving,  acquiring  or  taking,  made  a  party  de- 
fendant jointly  with  the  other  defendant,  but  such  plain- 
tiff's failure  to  have  such  corporation  made  a  defendant  in 
the  case  shall  not  in  any  manner  prevent  or  bar  such  ■ 
plaintiff  from  enforcing  any  judgment  obtained  in  such 
suit  against  the  corporation  so  acquiring,  purchasing  or 
taking  such  railroad  or  railway,  or  part  thereof,  as  above 
provided.  And  for  the  purposes  of  jurisdiction  and  service 
of  process,  the  servants,  agents,  employes,  officers  and  offices 
of  either  of  such  corporations  or  person  shall  be  held  to  be 
the  agents,  servants,  employes,  officers  and  offices  of  both, 
and  service  upon  the  agent,  officer  or  employe  of  either 
corporation,  shall  be  held  and  deemed  sufficient  and  valid 
service  upon  both  of  such  corporations.  (Laws  1907, 
p.   184.) 

Extension  of  lines — Other  roads,  how  acquired — Assent 
of  stockholders,  how  obtained.  §  3080.  Any  railroad  com- 
pany heretofore  organized,  or  which  may  hereafter  be  or- 
ganized under  the  laws  of  this  State,  may  extend  its  line 
of  railroad  beyond  this  State  into  or  through  any  other 
State  or  Territory,  and  may  acquire  any  line  of  railroid 
within  or  without  this  State  which  shall  form  a  continuous 
line  with  the  road  operated  by  such  company,  by  direct  ci  n- 
nectlon  or  by  bridge,  ferry  or  otherwise,  or  over  any  other 
line  or  lines  constructed,  or  to  be  constructed,  and  whi;h 
bridge,  ferry,  line  or  lines,  such  company  shall  have  tie 
right,  by  contract  or  otherwise,  when  completed,  to  use  or 
operate,  and  may  acquire  and  may  hold  the  obligatioas 
and  stock  of  other  companies  owning  or  operating  any  su  ;h 
lines  of  road,  bridge  or  ferry:  Provided,  that  no  line  of 
railroad  shall  be  so  purchased  until  a  meeting  of  t  le 
stockholders  of  such  company  or  companies  of  this  Sta  e, 
party  or  parties  to  such  an  agreement,  whereby  a  railro  id 
in  this  State  may  be  purchased,  shall  have  been  called  )y 
the  directors  thereof,  at  such  times  and  places  and  in 
such  manner  as  they  shall  designate,  60  days'  due  noti  ;e 
thereof  having  been  previously  given,  and  the  holders  of  a 
majority  of  such  stock,  by  person  or  proxy,  shall  ha  /e 
assented  thereto,  or  until  a  majority  of  the  holders  of  t  le 
stock  of  such  company  shall  have  consented  thereto,  in 
writing,  and  a  certificate  thereof  signed  by  the  preside  it 
and  secretary  of  said  company  or  companies  shall  have  be  in 
filed  in  the  office  of  the  secretary  of  State.  (R.  S.  18'  9, 
§  1061,  amended.  Laws  1903,  p.  127.) 

Consolidation  with  competing  line  forbidden.  %  30  1. 
It  shall  be  unlawful  for  any  railroad  company,  corporati  )n 
or  individual  owning,  operating  or  managing  any  railro  id 
in  the  State  of  Missouri,  to  enter  into  any  contract,  co  n- 
bination  or  association,  or  by  any  manner  of  means  wh  it- 
ever  consolidate  the  stock,  property  or  franchises  of  s«  ;h 
company,  corporation  or  individual,  or  to  lease  or  purchi  se 
the  works  or  franchises  of,  or  in  any  way  whatever  to  a  vf 
degree  exercise  control  over,  any  railroad  company,  c  ^T• 
poration  or  individual  owning  or  having  under  his  or  th  Ar 
control  or  management  a  parallel  or  competing  line  in  tlila 
State,  but  each  and  every  such  railroad,  whether  own  'd, 
operated  or  managed  by  a  company,  corporation  or  in  11- 
vidual,  shall  be  run,  operated  and  managed  separately  by 
its  own  officers  and  agents,  and  be  dependent  for  its  sip- 
port  on  its  own  earnings  from  its  local  and  through  bi  si- 
ness  in  connection  with  other  roads,  and  the  facilities  and 
accommodations  it  shall  afford  the  public  for  travel  and 
transportation  under  fair  and  open  competition.  (R.  S. 
1899,  §  1062.) 

No  person  shall  he  an  officer  in  the  competing  lines, 
i  3082.  It  shall  be  unlawful  for  any  officer  of  any  railrc  ad 
company  or  corporation,  or  any  individual  owning,  opeiat- 
ing  or  managing  any  railroad  in  this  State  as  a  comn  on 
carrier,  to  act  as  an  officer  of  any  other  railroad  compjny 
or  corporation  owning,  or  operating  or  managing,  or  hav- 
ing the  control  of  a  parallel  or  competing  line,  and  he 
question  whether  railroads  are  parallel  or  competing  li  les 
shall  be  decided  by  a  jury,  when  so  demanded.  (R.  S.  If  99, 
i  1063.) 

Commissioners  shall  demand  report  as  to  violation  of 
two  preceding  sections.  §  3083.  It  shall  be  the  duty  of  the 
railroad  commissioners  of  this  State,  within  30  days  after 
the  approval  of  §§  3081  to  3088,  inclusive,  and  semi-annually 
thereafter,  to  make  a  written  demand  of  the  president  or 


Public  Service  Laws 


787 


other  chief  officer  of  each  and  every  railroad  company, 
corporation  or  Individual,  owning,  operating  or  managing 
any  railroad  in  this  State,  requiring  such  president  or  other 
chief  officer  or  individual  so  owning,  operating  or  managing 
any  such  railroad,  within  30  days  after  the  date  of  such 
demand,  to  make  out  under  oath  or  cause  to  be  made 
out  under  oath,  and  deliver  to  said  commissioners,  a  full 
and  correct  list  of  the  names  of  all  the  officers  of  such 
railroad  company  or  corporation,  and  also  certified  copies 
of  all  contracts  which  such  railroad  company,  corporation 
or  Individual  may  have  entered  Into  with  any  other  rail- 
road company,  corporation  or  Individual,  owning,  operating 
or  managing  any  railroad  In  this  State,  and  that  are  in 
force  or  which  have  been  In  force  since  the  last  statement 
made  under  this  section  relative  to  the  terms  and  conditions 
upon  which  such  railroad  companies,  corporations  or  Indi- 
viduals wopld  carry  on  and  transact  their  business  In  this 
State  as  common  carriers,  and  also  a  statement  under  oath 
that  the  certified  copies  so  delivered  are  copies  of  all  such 
contracts  then  in  force  or  which  have  been  In  force  since 
the  date  of  the  last  statement  made  under  this  section. 
And  it  shall  further  be  the  duty  of  said  commissioners, 
within  the  time  above  specified,  or  as  speedily  thereafter 
as  may  be,  to  thoroughly  Investigate  by  every  means  at 
their  command,  and  ascertain.  If  possible,  whether  any  such 
contract,  combination  or  association  as  is  prohibited  by 
S  3081  exists,  or  whether  the  provisions  of  §  3082  are  being 
violated  in  any  manner,  and  for  such  purpose  they  shall 
have  and  may  exercise  all  the  powers  conferred  on  them  by 
this  or  any  other  statute  of  this  State,  and  all  copies  of 
contracts  that  may  be  furnished  in  compliance  with  the  de- 
mand so  made  by  said  commissioners,  and  any  and  all  In- 
formation which  said  commissioners  may  obtain  relative 
to  the  violation  of  §§  3081  or  3082  shall  be  immediately 
delivered  and  Imparted  to  the  attorney-general  of  this  State, 
and  any  president  or  other  chief  officer  or  Individual  upon 
whom  was  made  such  demand  as  Is  hereinbefore  specified, 
who  shall  fall,  neglect  or  refuse  to  comply  therewith,  shall 
for  so  failing,  neglecting  or  refusing  to  comply  herewith 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  be  fined  not  less  than  $250  nor  more  tnan  $1,000. 
and  each  day's  failure,  neglect  or  refusal  to  comply  with 
such  demand  as  In  this  section  provided  shall  be  deemed  a 
separate  offense  and  be  punishable  as  such  under  this  pro- 
vision; and  for  furnishing  any  false  or  fraudulent  contract, 
or  for  making  a  false  affidavit  as  to  the  list  of  the  names 
of  the  officers,  or  for  making  a  false  affidavit,  that  the 
certified  copies  of  contracts  delivered  as  herein  provided  are 
copies  of  all  contracts  then  in  force  or  which  have  been  In 
force  since  the  date  of  the  last  statement  made  under  this 
section,  any  person  so  offending  shall  be  deemed  guilty  of 
a  felony,  and,  upon  conviction  thereof,  shall  be  confined  In 
the  penitentiary  not  less  than  two  nor  more  than  five 
years.     (R.  S.  1899,  §  1064,  amended,  Laws  1909,  p.  348.) 

Duty  of  attorney-general  under  preceding  section.  §  3084. 
It  shall  be  the  duty  of  the  attorney-general  at  once,  upon 
receipt  of  the  copies  of  such  contracts,  and  the  Information 
Imparted  by  the  railroad  commissioners,  to  carefully  ex- 
amine said  contracts  and  consider  such  information,  and  If 
he  shall  therefrom,  or  from  any  other  source,  have  reason 
to  believe  that  any  railroad  company,  corporation  or  in- 
dividual, as  designated  in  §  3801,  has  entered  into  any  such 
contract,  combination,  association  or  agreement  as  Is  therein 
declared  to  be  unlawful,  or  that  the  provisions  of  §  3082 
are  In  any  manner  being  violated,  and  that  a  recovery  can 
be  had  therefor,  to  immediately  institute  such  proceedings 
in  any  of  the  courts  of  this  State  having  jurisdiction  over 
the  subject-matter,  as  may  be  necessary  to  enforce  the  pro- 
visions of  §§  3081  to  3088,  inclusive;  and  such  proceedings, 
if  against  any  company,  corporation  or  individual  for  a 
violation  of  the  provisions  of  §  3081  herein,  shall  be  Insti- 
tuted in  the  name  of  the  State  of  Missouri,  at  the  relation 
of  the  attorney-general,  and  may  be  against  any  one  or 
more,  or  jointly  against  all  the  companies,  corporations,  or 
individuals  so  offending,  and  If  such  proceedings  are  insti- 
tuted for  a  violation  of  the  provisions  of  §  3082  or  §  3083, 
then  they  shall  be  proceeded  with  as  in  other  cases  of  mis- 
demeanors or  felonies,  and  may  be  against  any  one  or  more, 
or  jointly  against  all  persons  so  offending;  and  all  suits  or 
prosecutions  instituted  under  the  pfovisions  of  §§  3081  to 
3088,  inclusive,  shall  have  precedence  except  as  to  criminal 
cases,  and  shall  be  advanced  on  the  docket  by  all  the  courts 
In  which  such  proceedings  shall  be  pending,  and  be  dis- 
posed of  as  speedily  as  possible.       (R.  S.  1899,  §  1065.) 


Penalties  for  violating  §§  $081  and  3082 — Forfeiture  of 
franchise.  §  3085.  Each  and  every  railroad  company,  cor- 
poration or  individual  violating  the  provisions  of  §  3081 
shall,  for  the  first  offense,  be  liable  In  the  penal  sum  of  not 
less  than  $1,000  nor  more  than  $5,000,  and  for  the  second 
offense  shall  be  liable  in  the  penal  sum  of  not  less  than 
$5,000  nor  more  than  $10,000,  and  a  conviction  of  a  third 
offense,  under  the  provisions  of  §§  3081  to  3088,  inclusive, 
for  a  violation  of  the  provisions  of  §  3081,  shall  work  a 
forfeiture  of  the  franchise  of  each  and  every  company,  cor- 
poration or  individual  so  convicted,  having  received  a  char- 
ter under  the  laws  of  this  State,  as  for  a  wilful  misuser 
thereof,  and  if  chartered  under  the  laws  of  some  other 
State,  then  all  the  rights  and  privileges  of  doing  business 
in  this  State  under  the  laws  thereof  as  a  common  carrier 
shall  cease  and  terminate,  and  the  court  before  which  the 
cause  is  tried  shall  render  such  judgment  or  decree  as  may 
be  necessary  and  sufficient  to  enforce  the  provisions  of 
this  section  for  all  purposes.  Any  officer  or  Individual  who 
shall  violate  the  provisions  of  §  3082  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  $500  nor  more  than  $5,000  for  each 
offense,  and  each  day  that  such  person  shall  continue  to 
act  as  an  officer  of  such  railroad  company  or  corporation 
owning,  operating,  managing  or  having  control  of  a  paral- 
lel or  competing  line,  after  the  first  conviction  under 
i§  3081  to  3088,  inclusive,  shall  constitute  a  separate  offense, 
and  In  every  case  of  a  conviction  under  said  sections,  the 
company,  corporation,  individual  or  officer  so  offending 
shall  be  liable  for  all  costs.  Including  reasonable  fees  for 
any  attorney  or  attorneys  who  may  be  employed  to  assist 
the  attorney-general,  as  hereinafter  provided,  and  such  fees 
shall  be  allowed  by  the  court  trying  the  cause,  and  shall  be 
taxed  up  as  a  part  of  the  costs  In  the  cause.  (R.  S.  1899, 
§  1066.) 

Duty  of  governor,  upon  forfeiture  of  franchise.  §  3086. 
When  a  judgment  or  decree  shall  be  rendered  against  any 
railroad  company,  corporation  or  individual  upon  a  third 
conviction  for  violating  the  provisions  of  §  3081,  a  certified 
copy  of  such  judgment  or  decree  shall  at  once  (unless  such 
cause  be  appealed  to  some  higher  tribunal)  be  made  out 
by  the  proper  officer,  and  forwarded  to  the  governor  of  the 
State  of  Missouri,  who  shall  thereupon  appoint  some  suit- 
able and  competent  person  to  take  charge  of  the  assets  of 
such  company,  corporation  or  Individual,  for  the  use  of  the 
creditors  and  stockholders,  upon  such  terms,  conditions  and 
requirements  as  is  now  or  that  may  hereafter  be  provided 
by  law.     (R.  S.  1899,  §1067.) 

Costs  of  procedure.  §  3087.  The  actual  and  necessary 
costs  Incurred  by  the  commissioners  and  attorney-general. 
In  preparing  and  prosecuting  cases  under  §§  3081  to  3088, 
inclusive,  including  the  fees  of  such  assistant  counsel  as 
they  may  consider  it  prudent  to  employ,  shall  be  paid  out 
of  the  State  treasury  upon  a  warrant  to  be  drawn  therefor 
by  the  railroad  commissioners  and  countersigned  by  the 
governor:  Provided,  however,  that  no  costs  shall  be  In- 
curred without  the  advice  and  consent  of  the  governor;  and 
provided,  also,  that  no  greater  sum  than  $5,000  shall  be 
expended  in  any  one  year  In  endeavoring  to  enforce  the 
provisions  of  said  sections;  and  for  the  purposes  aforesaid 
there  Is  hereby  appropriated,  out  of  the  general  revenue 
fund  not  otherwise  appropriated,  such  an  amount  as  may 
be  requisite,  not  exceeding  the  sum  of  $10,000.  (R.  S.  1899, 
§  1068.) 

Penalties  to  go  to  State  school  fund.  §  3088.  All  fines 
and  penalties  recovered  under  §§  3081  to  3088  shall  be  paid 
into  the  State  treasury,  and  credited  to  the  State  school 
fund.     (R.  S.  1899,  §  1069.) 

Notice  of  train  time  published — Depots  at  junctions — 
Depots  to  be  kept  open,  warmed  and  lighted — Penalty — 
Exceptions.  §  3094.  Every  railroad  corporation  In  this 
State,  which  now  is  or  may  hereafter  be  engaged  In  the 
transportation  of  passengers  or  property,  shall  give  public 
notice  of  the  regular  time  of  starting  and  running  its  cars, 
and  shall  furnish  sufficient  accommodations  for  the  trans- 
portation of  all  such  passengers,  baggage,  mails  and  ex- 
press freight  as  shall,  within  a  reasonable  time  previous 
thereto,  be  offered  for  transportation  at  the  place  of  start- 
ing, at  the  junctions  of  other  railroads  and  at  the  several 
stopping  places;  and  shall,  at  all  crossings  and  Intersec- 
tions of  other  railroads,  where  such  other  railroad  and  the 
railroad  crossing  the  same  are  now  or  may  hereafter  be 
made  upon  the  same  grade,  and  the  character  of  the  land 
at  such  crossing  or  intersection  will  admit  of  the  same, 


788 


National  Association  of  Railway  Commissioners 


erect,  build  and  maintain,  either  jointly  with  the  railroad 
company  whose  road  is  crossed,  or  separately  by  each  rail- 
road company,  a  depot  or  passenger  house  and  waiting 
room  or  rooms  sufficient  to  comfortably  accommodate  all 
passengers  awaiting  the  arrival  and  departure  of  trains  at 
such  junctions  or  railroad  crossings,  and  shall  keep  such 
depot  or  passenger  house  warmed,  lighted  and  open  to  the 
Ingress  and  egress  of  all  passengers  a  reasonable  time  be- 
fore the  arrival  and  until  after  the  departure  of  all  trains 
carrying  passengers  on  said  railroad  or  railroads;  and  they 
are  hereby  required  to  stop  all  trains  carrying  passengers, 
at  the  junction  or  Intersection  of  other  railroads,  a  suffi- 
cient length  of  time  to  allow  the  transfer  of  passengers, 
personal  baggage,  mails  and  express  freight  from  the  trains 
of  railroads  so  connecting  or  intersecting;  or  they  may 
mutually  arrange  for  the  transportation  of  such  persons 
and  property  over  both  roads  without  change  of  cars;  and 
they  shall  be  compelled  to  receive  all  passengers  and  freight 
from  such  connecting  or  intersecting  roads  whenever  the 
same  shall  be  delivered  to  them.  Every  railroad  corpora- 
tion or  company  which  shall  fail,  neglect  or  refuse  to  com- 
ply with  any  or  either  of  the  provisions  of  this  section  from 
and  after  the  first  day  of  July,  1885,  shall,  for  each  day 
said  corporation  or  railroad  refuses,  neglects  or  fails  to 
comply  therewith  after  said  day,  forfeit  and  pay  a  sum  of 
?25,  which  may  be  recovered  in  the  name  of  the  State  of 
Missouri  to  the  use  of  the  school  fund  of  the  county 
wherein  said  crossing  is  situate;  and  it  shall  be  the  duty 
of  the  prosecuting  attorney  to  prosecute  for  and  recover 
the  same;  Provided,  however,  that  where  such  railroads 
cross  or  intersect  at  a  point  or  place  less  than  one  mile  from 
the  corporate  limits  of  any  city,  town  or  village  in  which 
both  of  said  railroads  maintain  suitable  and  convenient 
depots  and  waiting  rooms,  it  shall  not  be  necessary  for  such 
railroads  to  maintain  a  depot  or  waiting  room  at  such  cross- 
ing or  Intersection  of  their  roads,  unless  the  railroad  com- 
missioners of  this  State,  after  investigation,  shall  find  and 
determine  that  a  depot  or  waiting  room  at  such  crossing 
or  intersection  is  necessary  for  the  convenience  of  the  pub- 
lic, and  shall  notify  said  railroads  to  construct  and  main- 
tain the  same.  (R.  S.  1899,  §  1075,  amended.  Laws  1909, 
p.  351.) 

Passenger  trains — Change  of  time — 'Notice  to  he  given. 
%  3095.  Whenever  any  such  railroad  corporation  may  wish 
to  change  the  time  of  running  its  passenger  trains,  due 
notice  shall  be  given  to  the  proper  officer  of  other  connect- 
ing railroads  of  the  time  when  trains  will  arrive  and  depart 
at  such  points  of  intersection  or  connection,  to  enable  such 
other  railroad  companies  to  conform  the  running  of  their 
trains  thereto.     (R.  S.  1899,  §  1076.) 

Maintenance  and  use  of  bulletins  at  stations.  §  3096. 
Every  person,  company  or  corporation  managing  or  leasing 
any  railroad  in  this  State  that  is,  or  may  hereafter  be, 
engaged  in  the  transportation  of  passengers,  shall  place,  or 
cause  to  be  placed,  in  a  conspicuous  place  in  or  about  each 
and  every  depot  at  which  passengers  shall  be  received  a 
bulletin  board  showing  the  time  of  the  arrival  and  de- 
parture of  all  passenger  trains  at  such  stations,  and  at  all 
stations  or  depots  where  a  telephone  or  telegraph  operator 
Is  kept  the  agent  or  telegraph  or  telephone  operator  at 
sucli  station  or  depot  shall,  for  the  Information  of  the  trav- 
eling public,  at  least  one  hour  before  the  scheduled  time  of 
the  arrival  of  each  train,  indicate,  at  least  once  every  thirty 
minutes  on  each  bulletin  board,  the  delay  of  any  passenger 
train,  showing  at  each  time  indicated  how  much  said  train 
may  be  behind  its  schedule  time.  (R.  S.  1899,  g  1077, 
amended.  Laws  1909,  p.  353.) 

Penalty.  §  3097.  Every  person,  company,  corporation, 
agent,  telephone  or  telegraph  operator  who  shall  violate  the 
provisions  of  the  preceding  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction,  shall  be  punished 
by  a  fine  of  not  less  than  $25  nor  more  than  $200.  (R.  S. 
1899,  §  1078,  amended.  Laws  1909,  p.  353.) 

Passenger  trains  to  stop  at  county  seats  —  Penalty. 
§  3098.  All  regular  passenger  trains  run  by  any  common 
carrier  operating  a  railway  in  this  State,  or  by  any  receiver- 
agent,  lessee  or  trustee  of  said  common  carrier,  shall, 
upon  request  made  by  any  passenger,  or  any  person  desir- 
ing to  become  a  passenger,  stop  a  sufficient  length  of  time 
at  its  stations  at  all  county  seats  within  this  State  to  take 
on  and  discharge  such  passengers  with  safety;  and  any 
engineer,  conductor,  or  other  agent,  servant  or  employe 
of,  or  any  person  acting  for  such  common  carrier,  or  for 


any  receiver,  agent;  lessee  or  trustee  of  such  common  car-' 
rier,  who  violates  any  provision  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  be  punished  by  a  fine 
of  not  less  than  $25  nor  more  than  $100,  or  by  imprisonment 
in  the  county  jail  not  less  than  10  days  nor  more  than  three 
months:  Provided,  however,  that  this  section  shall  not 
apply  to  through  railroad  trains  entering  this  State  from 
any  other  State,  or  to  trans-continental  trains  of  any  rail- 
road.   (Laws  1909,  p.  363.) 

Trains  to  stop  at  railway  grade  crossings — Penalty. 
§  3099.  Every  company  operating  a  railroad  shall  cause  all 
trains  on  such  railroad  to  come  to  a  full  stop  not  less  than 
10  nor  more  than  60  rods  before  reaching  any  railroad  junc- 
tion or  crossing  at  grade,  unless  such  stoppage  is  rendered 
unnecessary  by  an  interlocking  plant  or  other  device  ap- 
proved by  the  written  order  of  the  railroad  and  warehouse 
commissioners,  or  by  the  court  upon  appeal.  Any  com- 
pany violating  any  of  the  provisions  of  this  section  shall 
forfeit  not  less  than  $20  nor  more  than  $100,  to  be  recov- 
ered in  a  civil  action  before  any  justice  of  the  peace  of 
the  county  in  which  such  violation  occurs,  upon  the  cc-m- 
plaint  of  any  person;  said  fine  to  be  paid  into  the  school 
fund  of  the  county.     (Laws  1909,  p.  363.) 

One  train  each  way,  every  day.  -  §  3100.  All  persons, 
copartnerships,  companies  or  corporations  operating  iny 
railroad  or  part  of  a  railroad  in  this  State  shall,  unloss 
hindered  by  wrecks  or  Providential  hindrance,  run  at  leist 
one  regular  passenger  train  each  way  every  day  over  all 
lines  or  part  of  a  line  of  railroad  so  operated  by  such  per- 
son, copartnership,  company  or  corporation  in  this  State, 
which  train  shall  stop  at  all  regular  stations  along  Ihe 
line  of  such  railroad  for  the  purpose  of  receiving  and  ( is- 
charging  passengers.     (Laws  1907,  p.  180.) 

Penalty.  §  3101.  Any  person,  copartnership,  compf  ny 
or  railroad  corporation  violating  the  provisions  of  the  pre- 
ceding section  shall  be  deemed  guilty  of  a  misdemean  ir, 
and,  upon  conviction,  shall  be  fined  not  less  than  $100  i  or 
more  than  $500  for  each  offense.     (Laws  1907,  p.  180.) 

Freight  accounts  to  be  kept — Books,  hoio  and  ichen  j  ro- 
duced.  §  3102.  All  railroad  companies  in  this  State  st  all 
keep  correct  accounts  of  the  time  at  which  any  freight  is 
received  for  shipment,  and  shall  transport  the  same  in  its 
proper  time;  and  when,  in  the  trial  of  any  cause  in  £  ny 
court,  a  party  shall  be  entitled  to  have  produced  at  si  ch 
trial  the  books  and  papers  of  the  company,  including  •  he 
receipt  and  freight-books,  as  well  as  the  account  of  he 
shipments  of  such  company,  he  shall  have  access  to  si  ch 
books  and  papers  as  may  be  necessary,  when  authorl:  ed 
by  an  order  of  court,  as  is  now  provided  in  other  c:  vll 
cases.    (R.  S.  1899,  §  1079.) 

Freight — Time  of  receipt  to  be  noted  on  waybill.  §  31  03. 
It  shall  be  the  duty  of  every  railroad  company  operat  ng 
a  line  of  railroad,  wholly  or  in  part  within  this  State,  ui  on 
the  receipt  by  it  of  any  kind  of  freight,  whether  such  r  lil- 
road  company  be  the  original  or  the  connecting  or  forws  rd- 
Ing  carrier,  to  note  upon  its  way  bill  the  exact  time  of  he 
delivery  to  it  of  any  freight  to  be  carried  by  it  to  fl  lal 
destination  or  to  the  point  of  connection  with  any  otj 
railroad.     (Laws  1905,  p.  102.)  * 

Failure  to  note  time  of  receipt  evidence  of  negl  'cf: 
§  3104.  In  any  suit  against  such  railroad  company  for  de- 
lay in  the  transportation  or  delivery  of  freight,  the  fail  ire 
to  make  the  notation  required  by  the  foregoing  section 
shall  be  taken  and  deemed  prima  facie  evidence  of  negli- 
gent delay  in  the  transportation  of  such  freight,  and  the 
burden  of  proving  said  notation  upon  such  way  bill  in  the 
first  instance  is  hereby  devolved  upon  said  common  carrier 
instead  of  upon  the  plaintiff  in  said  suit.  (Laws  190E.  p. 
102.) 

Not  liable  for  injury  to  passenger,  when.  5  3105.  In 
case  any  passenger  on  any  railroad  shall  be  injured  w  ille 
on  the  platform  of  a  car,  or  in  any  baggage,  wood  or  freight 
car,  in  violation  of  the  printed  regulations  of  the  compi.ny, 
posted  up  at  the  time  in  a  conspicuous  place  inside  of  its 
passenger  cars  then  in  the  train,  such  company  shall  not 
be  liable  for  the  injury:  Provided,  said  company,  at  the 
time,  furnished  room  inside  its  passenger  cars  sufficient 
for  the  proper  accommodation  of  the  passengers.  (R.  S. 
1899,  §  1080.) 

Companies  may  contract  with  each  other,  etc.     5  3108. 


Public  Service  Laws 


789 


All  railroad  corporations  may  contract  with  each  other,  or 
with  other  corporations,  in  any  manner  not  inconsistent 
with  the  scope,  object  and  purpose  of  their  creation  and 
management.     (R.  S.  1899,  §  1081.) 

Duties  as  to  receipt  and  shipment  of  freight.  §  3107. 
Every  such  railroad  corporation  is  hereby  required  to  re- 
ceive all  freight  or  live  stock  which  may  be  offered  for 
transportation  at  the  place  of  starting,  at  the  junction  of 
other  roads,  and  at  usual  stopping  places,  and  shall  take, 
transport  and  deliver  the  same,  without  unnecessary  de- 
lay, according  to  contract.     (R.  S.  1899,  §  1082.) 

Freight  cars  to  be  furnished  on  notice — Penalty.  |  3108. 
It  shall  be  the  duty  of  every  railroad  company  operating 
a  line  of  railroad,  wholly  or  in  part  within  this  State,  for 
the  transportation  of  freight,  upon  the  written  applica- 
tion of  any  shipper  to  its  station  agent  in  charge  of  trans- 
portation of  freight,  for  a  car  or  cars  to  be  loaded  with 
freight,  other  than  live  stock,  coal  or  coke,  stating  the 
character  of  the  freight  and  its  final  destination,  to  furnish 
said  car  or  cars  within  four  days  from  7  o'clock  a.  m. 
of  the  day  following  such  application.  Or  when  such  appli- 
cation specifies  a  future  day,  when  such  car  or  cars  are 
required,  giving  not  less  than  four  days'  notice  thereof, 
computing  from  7  o'clock  a.  m.  of  the  day  following 
such  application,  it  shall  be  the  duty  of  said  company  to 
furnish  said  car  or  cars  on  the  day  specified  in  said  appli- 
cation. For  failure  to  comply  with  this  section  said  com- 
pany shall  forfeit  and  pay  to  the  shipper  applying  for  said 
car  or  cars  the  sum  of  $1.00  per  car  per  day  or  fraction  of 
a  day's  delay,  after  free  time,  Sundays  and  holidays  ex- 
cepted, together  with  all  actual  damages  said  applicant  may 
sustain  thereby.  (Laws  1905,  p.  109,  amended.  Laws  1907, 
p.  176,  Laws  1909,  p.  354.) 

Freight    to    be   received   and   forwarded,    how.      J  3109. 
When  such  freight  in  car  loads  or  less  is  tendered  to  said 
station  agent  and   correct   shipping  instructions   given,   it 
shall  be  the  duty  of  said  company  to  immediately  receive 
the  same  for  shipment,  and  issue  bills  of  lading  therefor, 
and   when   such   shipments   have  been   so    received    they 
must  be  carried  forward  at  the  rate  of  not  less  than   60 
miles  per  day  of  24  hours,  computing  from  7  o'clock  a.  m. 
I  of  the  day  following  receipt  of  the  same,  and  for  failure  to 
receive   and    transport    such    shipments    within    the    time 
herein  prescribed,  said  company  shall  forfeit  and  pay  to  the 
consignee   the   sum   of  $1.00   per  car  per   day  or   fraction 
thereof   on  all   car  load   freight,  together  with  all  actual 
damages,  the  consignor  or  consignee  may  sustain  thereby: 
Provided,  that  in  computing  the  time  of  freight  in  transit, 
li there  shall  be  allowed  24  hours  at  each  point  where  trans- 
ferring from  one  railroad  to  another  is  involved:     Provided, 
(Sundays  and  holidays  are  not  to  be  computed  in  figuring 
[this  time.     (Laws  1905,  p.  109.) 

Notice  of  arrival  to  be  given.  S  3110.  Such  railroad 
icompanies  shall,  upon  arrival  ol  shipments,  give  written 
inotice  by  mail  or  otherwise  to  consignees  of  the  arrival  of 
shipments,  together  with  the  amount  of  freight  charge? 
I  due  thereon,  and  when  goods  or  freight  In  car  load  lots 
^arrive,  such  notice  shall  contain  the  number  and  initials 
of  the  car  or  cars,  and  if  transferred  in  transit,  the  number 
and  initials  of  the  car  or  cars  in  which  originally  shipped. 
Any  railroad  company  failing  to  give  said  notice  shall  for- 
feit and  pay  the  consignee  or  other  party  whose  interest  is 
affected,  the  sum  of  $1.00  per  car  per  day  or  fraction  of 
;a  day's  delay,  on  all  car  load  shipments,  after  the  expira- 
tion of  said  24  hours,  Sundays  and  legal  holidays  excepted, 
together  with  all  actual  damages  sustained  thereby.  (Laws 
1905,  p.  109.) 

Freight  to  be  delivered,  when  and  how.  5  3111.  Rall- 
■oad  companies  shall  deliver  freight  at  their  depots  or  ware- 
aouses,  or  in  case  of  shipment  for  track  delivery,  shall 
3lace  loaded  cars  at  an  accessible  place  for  unloading 
within  24  hours  after  arrival,  computing  from  7  o'clock  a.  m. 
)f  the  day  following  arrival  of  the  same,  Sundays  and  holl- 
iays  excepted;  except  that  car  load  shipments  for  track 
lelivery  at  local  stations  having  not  more  than  one  team 
rack  shall  be  placed  at  an  accessible  point  for  unloading 
vithin  12  hours  after  the  arrival  of  said  car.  The  railroad 
■ompany  shall  forfeit  and  pay  to  the  shipper  or  consignee 
il.OO  per  car  per  day  for  each  day  or  fraction  such  de- 
livery is  delayed  and  all  actual  damages  sustained  thereby: 
I'rovided,  that  no  penalty  shall  be  assessed  for  any  delay 


in  delivery  to  private  or  team  tracks  when  such  delay  in 
placing  is  caused  by  reason  of  a  public  calamity,  strikes 
or  unavoidable  accidents  or  when  freight  charges  have  not 
been  paid  or  tendered,  or  if  such  track  or  tracks  be  full 
of  loaded  or  unreleased  empty  cars;  and  provided  further, 
that  all  cars  for  unloading  shall  be  considered  placed  when 
they  are  held  awaiting  orders  from  consignors  or  con- 
signees.    (Laws  1905,  p.  109.) 

Time  allowed  for  loading  and  unloading.  §  3112.  Ship- 
pers or  consignees  on  whose  order  a  car  or  cars  of  less 
than  60,000  pounds  capacity  have  been  placed  for  loading 
or  unloading,  shall  have  48  hours  for  loading  or  unloading 
such  cars,  and  72  hours  for  loading  or  unloading  those  of 
60,000  pounds  or  greater  capacity,  computing  time  from 
first  7  o'clock  a.  m.  after  such  car  or  cars  have  been  placed, 
subject  to  such  order,  and  thereafter  a  demurrage  charge  of 
not  more  than  $1.00  per  car  per  day,  or  fraction  of  a  day, 
may  be  assessed  and  collected  on  all  such  cars  respectively, 
as  have  not  been  tendered  to  the  railroad  company,  with 
shipping  instructions  for  loaded  cars,  within  said  respective 
periods  of  48  and  72  hours  of  free  time:  Provided,  how- 
ever, should  such  shipper  or  consignee  fail  to  begin  load- 
ing or  unloading  within  48  hours  after  the  expiration  of 
free  time,  the  railroad  company  may  consider  the  empty 
car  or  cars  released,  and  may  assess  and  collect  on  every 
car,  loaded  or  empty,  $1.00,  covering  the  demurrage  then 
due;  and  railroad  companies  shall  not  be  compelled  to 
furnish  cars  for  future  shipments  to  persons  in  default  as 
to  the  payment  of  the  demurrage  charges  herein  provided 
for  until  such  demurrage  charges  shall  have  been  paid; 
and  provided  further,  that  when,  in  filling  orders  for  cars, 
or  in  the  transportation  or  delivery  of  freight,  cars  are 
bunched  in  excess  of  the  capacity  of  the  shipper  to  load,  as 
indicated  in  his  application  or  of  the  consignee  to  unload, 
such  shipper  or  consignee  shall  have  separate  and  distinct 
periods  of  free  time  in  which  to  load  or  unload,  as  the  case 
may  be,  the  car  or  cars  specified  in  each  separate  applica- 
tion, or  in  each  bill  of  lading  or  way  bill  of  different  dates. 
(Laws  1905,  p.  109,  amended.  Laws  1907,  p.  177.) 

Time  allowed  for  unloading  after  notice  to  consignee. 
§  3113.  When  the  consignee  or  his  agent  Is  personally 
served  with  notice  of  the  arrival  of  freight  at  or  before  5 
o'clock  p.  m.  of  any  day,  free  time  shall  begin  at  7 
o'clock  a.  m.  of  the  day  after  such  notice  has  been  given: 
Provided  further,  that  when  consignors  ship  goods  con- 
signed to  order,  but  express  in  their  bills  of  lading  or  ship- 
ping directions  the  name  of  a  person  at  destination  whom 
to  notify,  it  shall  be  the  duty  of  the  railroad  company  to 
give  such  notice  to  such  party  in  the  same  manner  as  if 
the  shipment  had  been  made  directly  to  him.  (Laws  1905, 
p.  109.) 

Storage  charges  on  goods  remaining  over  //S  hours. 
5  3114.  All  package  freight  unloaded  by  railroad  companies 
in  their  depots  or  warehouses,  and  all  freight  which,  in 
order  to  release  cars,  is  unloaded  in  the  yard  space  of  a 
railroad  company  and  not  removed  by  the  owner  there- 
from within  48  hours,  computing  from  7  o'clock  a.  m.  of 
the  day  following  legal  notice  of  arrival,  may  be  subject 
to  the  charge  of  storage  for  each  day,  or  fraction  of  a  day, 
it  may  remain  in  custody  of  the  railroad  company  as  fol- 
lows: In  less  than  ear  loads,  not  more  than  1  cent  per  100 
pounds  per  day,  or  fraction  thereof;  in  car  load  lots,  not 
more  than  10  cents  per  ton  of  2,000  pounds  per  day,  or 
fraction  thereof,  but  not  exceeding  $1.00  per  car  per  day, 
or  fraction  of  a  day:  Provided,  that  in  no  case  shall  the 
amount  so  collected  for  storage  of  a  less  than  car  load 
shipment  exceed  the  amount  authorized  to  be  charged  as 
storage  or  demurrage  on  a  car  load  of  similar  freight  for 
the  same  length  of  time  when  not  unloaded  from  car  as 
hereinbefore  provided.     (Laws  1905,  p.  109.) 

Suits  for  damages — Attorney's  fee — Trial,  etc.  §  3116. 
When  suit  is  brought  to  collect  any  other  damages,  penal- 
ties, forfeitures,  demurrage  or  storage  charges  provided 
for  in  §§  3108  to  3119,  inclusive,  said  suit  may  be  brought 
in  any  court  of  this  State  having  jurisdiction  of  this  sub- 
ject-matter and  parties  under  the  then  existing  laws;  and 
if  the  plaintiff  therein  recover  judgment,  such  plaintiff 
shall  also  recover  a  reasonable  attorney's  fee  for  bringing 
such  suit,  to  be  taxed  on  motion  and  paid  as  other  costs 
by  defendant  in  such  suit.  In  any  such  suit  heretofore 
brought  and  now  pending,  or  hereafter  brought.  It  shall 


790 


National  Association  of  Kailwat  Commissioners 


be  lawful  for  the  defendant  to  plead  and  show  in  defense 
that  the  failure  to  comply  with  the  provisions  of  said  sec- 
tions and  on  account  of  which  failure  said  suit  has  been 
brought,  was  directly  created  or  occasioned  by  reason  of 
accidental  or  exceptional  causes,  wholly  beyond  the  con- 
trol of  the  party  sought  to  be  charged  and  whereby  traffic 
is  obstructed  or  interf erred  with;  and  if  such  party  shall 
establish,  by  the  preponderance  of  evidence,  the  existence 
of  any  such  conditions,  and  that  the  existence  thereof  was 
the  direct  cause  of  the  failure  of  such  party  to  comply  with 
the  requirements  of  said  sections,  then  such  party  shall  not 
be  liable  for  said  penalty;  but  the  existence  of  the  condi- 
tions and  that  such  existence  was  a  direct  cause  of  the  fail- 
ure to  comply  with  the  requirements  of  the  law,  shall  be 
questions  of  fact  for  the  sole  determination  of  the  jury; 
or,  if  a  jury  is  waived,  for  the  sole  determination  of  the 
trial  court.  It  shall  be  necessary  for  the  party  or  parties 
bringing  suit  against  any  railroad  company,  under  the 
provisions  of  said  sections,  to  show  by  evidence  that  he 
or  they  had  on  hand,  at  the  time  any  demand  for  a  car  or 
cars  was  made,  the  amount  of  freight  necessary  to  load  the 
car  or  cars  so  ordered.  (Laws  1905,  p.  109,  amended.  Laws 
1907,  p.  177.) 

Rules  and  regulations — Construction  of  this  Act.  §  3116. 
All  rules  and  regulations  of  any  railroad  company  or  of  the 
railroad  and  warehouse  commissioners  of  this  State  in 
conflict  with  any  provision  of  §§  3108  to  3119,  inclusive, 
are  hereby  declared  null  and  void;  but  said  sections  are 
not  intended  to  repeal,  modify  or  affect  any  law  concern- 
ing the  shipment,  transportation  or  delivery  of  any  kind 
of  freight  without  unnecessary  delay,  or  within  a  reason- 
able time,  or  any  other  law  concerning  common  carriers 
now  in  force  unless  in  direct  conflict  therewith;  and  said 
sections  are  hereby  declared  to  be  supplemented  to  such 
laws.     (Laws  1905,  p.  109.) 

Duty  of  railroad  and  warehouse  commissioners — Right 
of  action  to  enforce  Act,  etc.  §  3117.  The  board  of  rail- 
road and  warehouse  commissioners  is  hereby  authorized 
and  required  to  enforce  the  provisions  of  §§  3108  to  3119, 
inclusive:  Provided,  however,  that  this  provision  shall 
not  be  so  construed  as  to  prevent  any  shipper  or  shippers, 
consignee  or  consignees  from  instituting  before  any  court 
of  competent  jurisdiction  in  this  State  proper  proceedings 
to  enforce  said  sections,  but  a  right  of  action  to  enforce  the 
provisions  of  said  sections  in  addition  to  the  right  to  re- 
cover any  of  the  damages,  penalties,  forfeitures,  demur- 
rage or  storage  charges  provided  for  in  said  sections,  is 
hereby  given  to  such  shipper  or  shippers,  consignee  or  con- 
signees.    (Laws  1905,  p.  109,  amended.  Laws  1907,  p.  177.) 

Schedule  of  storage  charges.  §  3118.  All  package  freight 
unloaded  by  railroad  companies  in  their  depots  or  ware- 
houses, and  all  freight  which,  in  order  to  release  cars,  is 
unloaded  in  the  yard  space  of  a  railroad  company  and  con- 
signed to  any  person  residing  within  10  miles  of  the  depot, 
shall  be  free  from  storage  charges  until-  the  freight  has 
remained  in  the  depot  or  yard  two  days  from  time  of  legal 
notice  of  arrival,  and  when  the  owner  lives  more  than  10 
miles  and  less  than  20  miles  no  storage  shall  be  charged 
until  the  freight  has  remained  in  the  depot  or  yard  three 
days  from  legal  notice  of  arrival,  and  when  the  owner  lives 
more  than  20  miles  and  less  than  30  miles  from  the 
depot,  then  no  storage  shall  be  charged  until  the  freight 
has  remained  in  the  depot  or  yard  four  days  from  the  time 
of  legal  notice  of  arrival.  And  when  the  owner  lives  more 
than  thirty  miles  from  the  depot,  then  no  storage  shall 
charged  until  the  freight  has  remained  in  the  depot  or  yard 
five  days  from  the  time  of  legal  notice  of  arrival,  and 
time  under  this  section  shall  be  computed  from  7  o'clock 
a.  m.  following  the  arrival  of  the  freight  at  the  depot,  and 
a  day  shall  be  construed  to  mean  24  hours  from  7  o'clock 
a.  m.  following  the  arrival  of  the  freight,  and  in  case  any 
freight  is  not  removed  from  the  depot  or  yard  within  the 
time  specified  by  this  section,  storage  may  be  charged  from 
time  of  arrival,  in  less  than  car  load  lots,  not  more  than 
1  cent  per  100  pounds  per  day,  or  fraction  thereof;  In  car 
load  lots,  not  more  than  10  cents  per  ton  of  2,000  pounds 
per  day,  or  fraction  thereof,  but  not  exceeding  $1.00  per 
car  per  day,  or  fraction  of  a  day:  Provided,  that  in  no 
case  shall  the  amount  so  collected  for  itarage  of  less  than 
car  load  shipment  exceed  the  amount  authorized  to  be 
charged  as  storage  or  demurrage  on  a  car  load  of  similar 
freight  for  the  same  length  of  time  when  not  unloaded  from 


a    car    as    hereinbefore    provided.      (Laws    190B,    p.    109, 
amended.  Laws  1909,  p.  354.) 

Depots  to  be  kept  open,  when — Penalty.  |  3119.  All 
depots  and  warehouses  where  freight  is  loaded  and  un- 
loaded shall  be  kept  open  for  the  public  at  least  from  7 
o'clock  a.  m.  to  11  o'clock  a.  m.  and  from  2  o'clock  p.  m. 
to  6  o'clock  p.  m.  of  each  day,  and  any  railroad  company 
violating  any  of  the  provisions  of  §§  3108,  3118  or  3119 
shall  be  subject  to  damages  under  the  existing  laws  of 
the  State.    (Laws  1909,  p.  354.) 

Car  regulations  for  shipping  stock.  §  3120.  All  corpora- 
tions, private  companies  or  individuals  owning  or  operating 
any  railroad  in  this  State  are  required  to  furnish  to  ship- 
pers of  live  stock  suitable  and  convenient  stock  cars,  with- 
out unreasonable  delay,  with  trapdoors  in  the  roof  thereof, 
one  near  each  end  and  upon  opposite  sides,  large  enough 
to  conveniently  admit  a  man's  body;  said  trapdoors  shall 
be  constructed  near  enough  to  the  sides  of  the  car  to  enable 
the  shipper  to  conveniently  descend  to  the  interior  of  said 
car  by  means  of  a  ladder  or  steps,  which  shall  be  con- 
structed directly  under  such  door.  Such  railroad  company 
shall  receive  live  stock  for  transportation  to  any  place 
within  the  State;  shall  transport  and  deliver  the  same  to 
any  consignee,  stockyard  or  place  to  whom  or  to  which  it 
may  be  consigned  and  directed:  Provided,  such  person, 
stockyard  or  place  can  be  reached  by  any  track  owred, 
leased  or  used,  or  which  can  be  used  by  such  corporation; 
and  every  such  corporation  shall  permit  connections  to  be 
made  and  maintained  with  its  tracks  to  and  from  any  unA 
all  stockyards  where  live  stock  is  or  may  be  kept,  ijiy 
such  corporation  neglecting  or  refusing  to  comply  with  ;he 
requirements  of  this  section  shall  be  liable  to  all  pers  me 
damaged  thereby  for  all  damages  which  they  may  sustiln 
on  that  account,  whether  such  damages  result  from  i.ny 
depreciation  in  the  value  of  such  property  by  such  neglect 
or  refusal  to  deliver  such  live  stock  as  directed,  or  in  1 3SB 
to  the  proprietor  or  manager  of  any  stockyard  to  whicl  It 
is  directed  to  be  delivered,  and  costs  of  suit,  including  such 
reasonable  attorney's  fees  as  shall  be  taxed  by  the  court; 
and  in  case  of  any  second  or  later  refusal  of  such  railri  ad 
corporation  to  comply  with  the  requirements  of  this  i  ec- 
tion  such  corporation  shall  be  by  the  court,  in  an  act  on 
on  which  such  failure  or  refusal  shall  be  found,  adjudgec  to 
pay  for  the  use  of  the  people  of  this  State  a  sum  of  lot 
less  than  $1,000  nor  more  than  $5,000  for  each  and  ev  ry 
such  failure  or  refusal,  and  this  may  be  a  part  of  the  ju  Ig- 
ment  of  the  court  in  any  second  or  later  proceeding  agal  ist 
such  corporation.     (R.  S.  1899,  §  1083.)  ,  H 

Live  stock  shipped  speedily  without  discrimiwaw JWP 
§  3121.  Every  railroad  corporation  chartered  by  or  org  in- 
ized  under  the  laws  of  this  State,  or  doing  business  wit  lin 
the  limits  of  the  same,  when  desired  by  any  person  or  i  or- 
poration  to  ship  live  stock  over  its  road  in  carload  1  its, 
shall  receive  and  transport  such  live  stock  in  carload  :ots 
within  a  reasonable  time,  from  any  stockyard  adjoining  its 
tracks  or  side  tracks,  or  from  the  tracks  of  any  other  r  lil- 
road  corporation  or  stockyard  company,  without  distinct:  on, 
discrimination  or  favor  between  one  shipper  and  another,  i  nd 
without  distinction  or  discrimination  as  to  the  manner  in 
which  such  live  stock  is  offered  to  it  for  transportation,  o  as 
to  the  person,  stockyard  company  or  place  to  whom  oi  to 
which  it  may  be  consigned;  and  the  penalties  for  any  io- 
lation  of  the  requirements  of  this  section  shall  in  all 
respects  be  the  same,  and  shall  be  enforced  and  collected 
in  the  same  manner  as  provided  in  the  preceding  sect^H 
(R.  S.  1899,  §1084.)  ]^ 

Railroads  to  transport  shippers  of  live  stock  and  mehmt. 
§  3122.  Whenever  any  railroad  company  or  corporal  ion 
doing  business  within  the  limits  of  this  State  shall  rec(  Ive 
and  ship  any  live  stock  or  watermelons,  when  such  water- 
melons are  shipped,  with  the  privilege  of  peddling  alang 
the  lines  of  said  railroads  by  the  carload,  said  compmy 
shall,  in  consideration  of  the  shipper  giving  to  such  freight 
such  care  and  attention  as  may  be  necessary  in  the  coiirse 
of  shipment,  by  reason  of  the  character  of  such  frelj^ht, 
and  the  release  of  the  company  from  liability  for  damages 
for  want  of  such  care  and  attention,  pass  the  shippei  or 
his  employe  from  the  point  of  shipment  to  the  point  of 
destination  on  the  same  train  with  such  freight,  and,  also, 
shall  pass  such  shipper  or  employe  from  the  destination 
of  such  freight  to  the  point  of  origin  thereof,  without  fur- 
ther expense  to  the  shipper.  The  railroad  company  shall 
furnish  such  transportation  to  one  person  for  one  carload, 


F 


Public  Service  Laws 


791 


but  in  case  of  the  shipment  of  a  larger  number  of  carloads 
by  one  shipper  the  company  shall  not  be  required  to  furnish 
transportation  for  more  than  one  person  for  every  four 
cars  or  lesser  number  thereof:  Provided,  that  this  section 
shall  not  be  construed  as  relieving  a  railroad  company  from 
the  duty  of  loading  and  unloading  live  stock  when  neces- 
sary, nor  from  placing  the  cars  at  convenient  points  for 
watering  the  stock,  nor  from  any  other  duty  or  requirement 
,now  imposed  by  the  laws  of  this  State  as  to  the  shipment 
of  such  freight.  To  entitle  the  shipper  of  freight  to  trans- 
portation as  provided  for  in  this  section,  all  of  the  freight 
Included  in  one  train  shall  be  billed  in  the  name  of  the 
shipper,  and  any  person  who  shall  falsely  represent  himself 
or  another  as  the  owner  or  shipper  of  such  freight  for  the 
purpose  of  procuring  more  transportation  than  as  herein 
provided  shall  be  adjudged  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  punished  by  a  fine  of  not  exceed- 
ing ?100.  (R.  S.  1899,  §1085,  amended.  Laws  1097,  p.  176; 
Laws  1909,  p.  355.) 

Penalties.  §  3123.  Any  railroad  company  which  shall 
violate  any  of  the  provisions  of  the  preceding  section  shall 
be  liable  to  the  penalties  provided  in  §§  3120  and  3121  of 
article  11,  chapter  33  of  the  Revised  Statutes  of  Missouri, 
1909.     (Laws  1909,  p.  355.) 

Peddling  cars  for  watermelons,  etc.  §  3124.  The  railroads 
of  this  State  are  required  to  carry  peddling  cars  of  water- 
melons or  cantaloupes,  strawberries,  blackberries  and  other 
perishable  fruits  on  the  local  or  way  freights  when  de- 
manded by  the  shipper,  and  the  freight  rate  on  peddling 
cars  'shall  be  the  same  as  on  through  cars,  and  no  extra 
charges  shall  be  made  for  the  privilege  of  peddling;  and 
the  penalties  for  any  violation  of  the  requirements  of  this 
section  shall  in  all  respects  be  the  same  as  provided  In 
§  3120  of  the  Revised  Statutes:  Provided,  this  section  shall 
only  apply  to  melons  and  cantaloupes,  strawberries,  black- 
berries and  other  perishable  fruits  grown  in  this  State. 
(R.  S.  1899,  §  1086.) 

Agent  shall  count  stock.  §  3125.  Whenever  any  shipper 
of  hogs,  cattle,  sheep,  horses,  or  other  animals  shall  pre- 
sent his  stock  at  any  railway  station  for  purposes  of  trans- 
portation, it  shall  be  the  duty  of  the  railway  agent  at  such 
station  to  count,  or  cause  to  be  counted,  said  hogs,  cattle, 
sheep,  horses  or  other  animals,  and  the  number  so  counted 
shall  be  by  the  agent  named  in  the  bill  of  lading  or  receipt 
for  such  stock;  and  If  said  agent  refuse  or  neglect  to  count 
or  have  counted  said  stock,  then  the  railway  company 
employing  said  agent  shall  be  held  responsible  for  the  num- 
ber of  animals  specified  in  such  bill  of  lading  or  receipt, 
according  to  shipper's  count.     (R.  S.  1899,  §1087.) 

Shipper  may  mix  freight — Own  risk.  §  3126.  Whenever 
any  shipper  shall  order  one  or  more  cars  for  the  purpose 
of  transporting  any  kind  of  stock,  grain  or  any  other  arti- 
cle of  commerce  or  trade,  he  shall  have  the  right  and  privi- 
lege to  put  in  said  car  or  cars  two  or  more  species  of  live 
stock,  or  different  kinds  of  grain  or  different  articles  of 
commerce  or  trade:  Provided,  that  any  such  shipper  of 
two  or  more  species  of  stock,  in  the  same  car  or  cars, 
shall  ship  the  same  at  his  own  risk  of  Injury  solely  by 
reason  of  such  mixed  shipment;  otherwise  at  the  risk  of 
the  carrier.     (R.  S.  1899,  §  1088.) 

Minimum  weight  of  carload,  mixed  freight.  5  3127. 
Twenty-four  thousand  pounds  shall  be  deemed  the  mini- 
mum weight  for  a  carload  of  such  mixed  stock  when  such 
car  Is  30  feet  long,  and  such  minimum  weight  shall  be 
more  or  less  than  24,000  pounds,  in  proportion  as  such  car 
is  more  or  less  than  30  feet  long;  and  no  railway  company, 
or  agent  for  such  company,  shall  charge,  demand  or  receive 
any  greater  sum  for  the  transportation  of  such  car  or  cart 
of  mixed  stock  or  grain  than  is  charged  for  the  transporta- 
tion of  such  car  or  cars  when  but  one  species  of  stock  or 
one  kind  of  grain  is  shipped  therein:  Provided,  that  said 
different  species  of  stock  or  different  kinds  of  grain,  or  arti- 
cles of  commerce  and  trade  which  are  loaded  in  said  car 
or  cars  do  not  exceed  the  maximum  weight  allowed  by 
law  and  usage  when  but  one  species  of  stock  or  kind  of 
grain  is  shipped  in  such  car  or  cars.     (R.  S.  1899,  §  1089.) 

Penalty — Duty  of  commissioners  and  attorney-general, 
etc.  §  3128.  Any  railway  company  owning  or  operating  a 
railway  in  this  State  that  shall  refuse  to  deny  any  of  the 
rights  and  privileges  granted  to  shippers  by  §§  3125  to  3129, 
Inclusive,  shall  forfeit  and  pay  for  every  such  refusal  or 
denial  any  sum  not  less  than  $100  nor  more  than  $500,  to- 
gether with  costs  of  suit,  including  a  reasonable  attorney's 


fee.  The  penalties  herein  provided  may  be  recovered  by 
civil  action  in  the  name  of  the  State  of  Missouri,  and  sev- 
eral counts  may  be  joined  in  the  same  petition;  and  when- 
ever the  railroad  commissioners  shall,  in  any  manner,  come 
Into  possession  of  information  which,  in  their  judgment, 
warrants  prosecution  of  any  railroad  company  for  violations 
of  the  provisions  of  said  sections,  it  shall  be  the  duty  of 
said  commissioners  Immediately  to  cause  suits  to  be  com- 
menced and  prosecuted  against  such  railroad  company. 
Such  suits  and  prosecutions  may  be  instituted  in  any  county 
in  this  State  into  or  through  which  the  line  of  the  railroad 
company  sued  for  violating  said  sections  may  extend;  and  it 
shall  be  the  duty  of  the  attorney-general  and  of  any  circuit 
attorney  or  prosecuting  attorney  of  the  circuit  or  county  in 
which  the  said  commissioners  may  desire  such  suit  or  pros- 
ecution instituted  to  institute  and  prosecute  the  same, 
without  delay,  when  so  directed  by  the  said  commissioners; 
and  such  circuit  attorney  or  prosecuting  attorney  shall 
receive  for  his  services  out  of  the  amount  collected,  the 
same  compensation  which  is  or  may  be  allowed  him  bv 
law  for  collections  made  on  forfeited  recognizances.  (R  S 
1899,  §  1090.)  ■     ■ 

Damages.  §  3129.  Id.  In  addition  to  the  penalties  herein 
provided  for  any  violation  of  the  provisions  of  §§  3125  to 
3129,  inclusive,  the  aggrieved  party  may  recover  of  any 
such  corporation  or  company  three  times  the  amount  of 
loss  or  damage  he  may  sustain  by  reason  thereof.  (R.  S. 
1899,  §1091.) 

Double-deck  cars.  §  3130.  All  railroad  companies,  pri- 
vate companies  or  individuals  owning  or  operating  a  rail- 
road or  railroads  in  the  State  of  Missouri  are  required  to 
furnish  a  sufficient  number  of  double-decked  cars  for  the 
shipment  of  sheep  to  supply  the  demand  for  such  cars  on 
their  respective  lines,  and  to  allow  shippers  to  load  both 
decks  in  said  cars  with  sheep  to  the  aggregate  extent  of 
20,000  pounds,  which  cars,  so  loaded,  shall  be  received  and 
transported  by  such  railroad  companies  or  private  compa- 
nies or  individuals  as  one  carload  of  cattle,  and  it  shall  not 
be  lawful  for  said  railroad  companies,  private  companies 
or  individuals  to  charge  or  receive  for  the  transportation 
of  a  double-decked  car  of  sheep  more  than  the  legal  rate 
of  freight  allowed  for  the  shipment  of  cattle.  (R.  S.  1899, 
§  1092,  amended.  Laws  1909,  p.  357.) 

Penalty  under  preceding  section.  §  3131.  Should  any 
railroad  company  or  private  company  or  individuals  own- 
ing or  operating  a  railroad  or  railroads  in  the  State  of 
Missouri  refuse  or  neglect  to  furnish  cars  as  provided  in 
the  preceding  section,  it  shall  not  be  lawful  for  them  to 
charge  or  receive  for  the  transportation  of  a  car  of  sheep 
more  than  one-half  the  legal  rate  of  freight  allowed  for  the 
shipment  of  cattle.  (R.  S.  1899,  §  1093,  amended.  Laws 
1909,  p.  357.) 

Further  penalties.  §  3132.  Any  railroad  company  or 
private  company  or  individuals  owning  or  operating  a  rail- 
road or  railroads  in  the  State  of  Missouri,  failing  or  refus- 
ing to  comply  with  the  provisions  of  §§  3130  and  3131. 
shall  pay  to  the  shipper  not  less  than  $50  nor  more  than 
$200  for  every  failure  or  refusal  to  comply  with  said  sec- 
tions, to  be  recovered  in  any  court  of  competent  jurisdic- 
tion: Provided,  that  such  railroad  company,  private  com- 
pany or  individuals  owning  or  operating  a  railroad  in  this 
State  shall  have  the  privilege  of  furnishing,  instead  of  a 
double-decked  car,  two  cars,  for  which  only  one  rate  shall 
be  charged.     (R.  S.  1899,  §  1094.) 

Notice  of  advance  of  rates.  §  3133.  No  railroad  com- 
pany in  this  State  shall  advance  its  rates  for  carrying 
freight  without  having  first  given  at  least  20  days'  notice 
of  such  change,  by  posting  the  schedule  to  which  It  is  pro- 
posed to  change  the  rates  In  at  least  three  conspicuous 
places  on  each  of  the  freight  and  passenger  depots  belong- 
ing to  the  company  proposing  the  change.  (R.  S.  1899, 
§  1095.) 

General  civil  penalty — Venue  for  collection  of.  §  3134. 
Any  person  or  company  operating  a  railroad  in  this  State 
who  shall  fail  to  comply  with  the  provisions  of  the  preced- 
ing section  shall,  for  each  offense,  forfeit  $500  to  the  use 
of  the  common  school  fund  of  the  county,  to  be  collected  bv 
civil  action  in  the  Circuit  Court  of  any  county  through 
which  the  road  belonging  to  such  person  or  company  may 
run.  Such  suit  may  be  instituted  by  any  person  injured  by 
such  violation,  or  by  the  prosecuting  attorney  of  the  county 
where  the  suit  is  brought.     (R.  S.  1899,  §  1096.) 

Railroads  carrying  stock  to  furnish  cabooses,  etc,  §  3135. 


792 


Natioxal  Associatiok  of  Eailway  Commissionkks 


Every  Individual,  company  or  corporation  owning,  manag- 
ing or  operating  or  who  may  hereafter  own,  manage  or  oper- 
ate any  railroad  or  part  of  a  railroad  over  bridges  or  through 
tunnels,  as  well  as  elsewhere,  In  this  State,  who  carries  pas- 
sengers or  whose  duty  it  is  to  carry  live  stocli  as  a  common 
carrier,  is  hereby  required  to  furnish  to  all  shippers  of 
live  stock,  having  a  right  to  accompany  the  same,  a  caboose 
or  other  suitable  car  for  the  transportation  of  such  shipper 
or  shippers  to  the  actual  place  of  unloading  such  shipments. 
And  said  owners  or  shippers  shall  be  carried  and  furnished 
free  transportation  to  the  place  of  destination  and  return 
(provided  that  only  one  man  or  person  shall  be  carried 
free  of  charge  for  each  consignment  or  shipment) ;  and  be 
it  further  provided,  that  all  such  cabooses  or  cars  on  such 
trains  shall  be  furnished  with  a  toilet  room  for  the  accom- 
modation of  passengers.  Any  railroad,  corporation  or  com- 
pany doing  business  in  this  State  refusing  or  failing  to  com- 
ply with  the  requirements  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  less  than  $100  nor  more  than  $500  for 
each  day's  negligence  or  refusing  to  comply  with  the  re- 
quirements of  this  section  after  the  enactment  and  passage 
of  the  same  as  required  by  law,  and  all  moneys  arising  as 
such  fine  shall  revert  to  the  public  school  fund  of  this 
State.     (R.  S.  1899,  §  1097,  amended.  Laws  1903,  p.  128.) 

Criminal  penalty.  §  3136.  Any  Individual,  company  or 
corporation  violating  the  provisions  of  the  preceding  sec- 
tion shall,  upon  conviction  thereof,  be  deemed  guilty  of  a 
misdemeanor,  and  fined  in  any  sum  of  not  less  than  f50 
nor  more  than  $500.     (R.  S.  1899,  §  1098.) 

Freight  may  he  sold  for  charges,  when.  §  3137.  If  any 
such  railroad  corporation  shall  have  transported  any 
freight  which  shall  not  be  called  for  within  six  months,  or 
on  which  the  charges  shall  not  have  been  paid  for  30  days. 
It  may  sell  the  same,  after  giving  not  less  than  10  days' 
notice,  by  posting  where  such  articles  are  stored,  and  also 
by  publishing  the  same  in  the  nearest  local  paper;  and 
any  sums  of  money  received  from  the  proceeds  of  such 
sale,  after  paying  all  charges,  and  expenses  of  sale,  shall  be 
paid  into  the  county  treasury  for  the  benefit  of  the  owner, 
if  he  shall  thereafter  appear;  but  if  such  money  be  not 
claimed  within  one  year,  it  shall  go  into  the  school  fund  of 
the  county.     (R.  S.  1899,  §  1099.) 

Baggage  shall  be  checked— Penalties.  §  3138.  All  bag- 
gage, when  taken  for  transportation,  shall  be  checked,  if 
there  is  a  handle,  loop  or  fixture,  so  that  the  same  can  be 
attached,  and  a  duplicate  thereof  given  to  the  passenger  or 
person  delivering  the  same;  and  If  such  check  be  refused 
on  demand  the  corporation  shall  pay  to  such  passenger 
the  sum  of  $10,  to  be  recovered  in  a  civil  action;  and,  fur- 
ther, no  fare  or  toll  shall  be  collected  or  received  from  such 
passenger,  and  If  such  passenger  shall  have  paid  his  fare 
the  same  shall  be  refunded;  and  on  producing  such  check, 
or  If  he  have  no  check,  on  demanding  his  baggage.  If  it  be 
not  delivered  to  him,  he  shall  recover  the  value  thereof. 
(R.  S.  1899,  §  1100.) 

Freight  cars,  etc..  shall  not  6e  placed  in  rear  of  passen- 
ger cars— Penalty.  §  3139.  In  forming  a  passenger  train, 
baggage,  freight,  merchandise  or  lumber  cars  shall  not  be 
placed  in  rear  of  passenger  cars;  and  if  they,  or  any  of 
them,  shall  be  so  placed  the  officer  or  agent  who  so  directly 
or  knowingly  suffered  such  an  arrangement  and  the  con- 
ductor of  the  train  shall  be  deemed  guilty  of  a  misde- 
meanor and  be  punished  accordingly.     (R.  S.  1899,  §  1101.) 

Fires  from  engines — Damages.  §  3151.  Each  railroad 
corporation  owning  or  operating  a  railroad  in  this  State 
shall  be  responsible  In  damages  to  every  person  and  corpo- 
ration whose  property  may  be  injured  or  destroyed  by  fire 
communicated  directly  or  Indirectly  by  locomotive  engines 
in  use  upon  the  railroad  owned  or  operated  by  such  rail- 
road corporation,  and  each  such  railroad  corporation  shall 
have  an  Insurable  Interest  in  the  property  upon  the  route 
of  the  railroad  owned  or  operated  by  it,  and  may  procure 
Insurance  thereon  In  its  own  behalf  for  Its  protection 
against  such  damages.     (R.  S.  1899,  §  1111.) 

Railroads  to  report  to  the  commission,  and  commission 
to  report  to  the  governor.  §  3089.  The  directors  of  every 
railroad  company  or  corporation  which  is  now  or  hereafter 
may  be  organized  under  the  laws  of  this  State  shall  hold  a 
meeting  on  the  second  Tuesday  In  March  of  each  year  for 
the  transaction  of  such  business  as  may  properly  come  be- 
fore them  at  their  office  or  place  of  business  which  shall 
have  been  established  In  this  State,  30  days'  notice  having 
been  given  by  publication  In  two  or  more  newspapers  hav- 


ing the  greatest  circulation  in  the  county  or  city  In  whicb' 
the  ofllce  of  such  railroad  company  or  corporation  shall  be 
situated.  The  general  manager  or  other  chief  officer  of 
every  such  railroad  company  or  corporation,  and  the  man- 
ager or  other  chief  officer  of  every  railroad  company  or  cor- 
poration organized  under  the  laws  of  another  State,  and 
owning,  leasing  operating  or  controlling  a  railroad  within 
this  State,  shall,  on  or  before  the  first  day  of  October  of 
each  year,  transmit  to  the  office  of  the  railroad  and  ware- 
house commissioners  of  this  State  a  statement  in  detail  of 
the  affairs  of  such  company  or  corporation  as  the  same 
existed  on  the  thirtieth  day  of  June  first  preceding,  and  of 
the  business  operations  of  such  company  or  corporation 
for  the  year  ending  the  thirtieth  day  of  June,  as  aforesaid. 
Said  statements  must  be  certified  to  under  oath  of  the 
proper  officer  of  said  company  or  corporation,  and  must  be 
made  out  upon  printed  forms,  of  which  forms  two  shall  be 
furnished  by  the  railroad  and  warehouse  commissioners  to 
each  company  or  corporation,  which  printed  forms  shall 
contain  all  interrogatories  necessary  to  obtain  a  full  state- 
ment, in  detail,  of  the  organization,  condition,  businesi 
affairs  and  operations  of  such  railroad  company  or  corpora- 
tion for  the  year  ending  the  thirtieth  day  of  June,  as 
aforesaid.  The  railroad  and  warehouse  commissloniirs 
shall,  on  or  before  the  thirty-first  day  of  December  of  each 
year,  transmit  to  the  governor  of  this  State  a  report  of 
their  official  acts  for  the  year  ending  on  the  thirtieth  day 
of  June,  as  aforesaid;  and  the  said  report  shall  also  cents  In 
a  condensation  of  statistics,  tabulated  from  the  returns  of 
the  several  railroad  companies,  together  with  all  such  infor- 
mation and  recommendations  concerning  the  regulation  of 
the  railroads  of  this  State,  as  the  said  commissioners  may 
deem  to  be  of  public  Interest  and  Importance.  (R.  S.  1819, 
§  1070,  amended.  Laws  1909,  p.  349.) 

Penalty  for  violation  of  preceding  section.  §  3090.  1  he 
directors  of  any  such  railroad  company  who  shall  fall  to 
hold  such  meeting,  or  neglect  to  make  such  report,  or  fill 
to  transmit  such  report  to  the  office  of  the  railroad  a  id 
warehouse  commissioners  of  this  State  within  the  ti:  le 
prescribed  by  S  3089  hereof,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  bo  punished  bj  a 
fine  of  not  less  than  $250  nor  more  than  $1,000.  (R.  S.  18  :i, 
§  1071,  amended.  Laws  1909,  p.  351.) 

ARTICLE  III.  i 

RAILROAD    CLASSIFICATION    AKD    CHARGES.  0 

Roads  classified.  §  3231.  All  railroads  In  the  State  o 
Missouri  are  hereby  divided  into  four  classes,  to  be  kno'  n 
as  class  A,  class  B,  class  C  and  class  D.  Class  A  shall  n- 
clude  all  through  or  trunk  line  railroads  and  all  bran  ;h 
roads  owned,  leased,  controlled  or  occupied  by  su  :b 
through  or  trunk  line  railroad  companies  or  corporatlo)  s. 
Class  B  shall  include  all  other  railroads  or  parts  of  n  il- 
roads  owned,  leased,  controlled  or  occupied,  or  which  m  ly 
hereafter  be  owned,  leased,  controlled  or  occupied,  eltl  er 
wholly  or  in  part,  by  any  trunk  line  company  or  corpo  a- 
tion.  Class  C  shall  include  all  other  railroads  of  a  greal  er 
length  than  45  miles.  Class  D  shall  Include  all  roads  1(  ss 
than  45  miles  in  length  not  owned,  leased,  controlled  or 
occupied  by  any  trunk  line  company  or  corporation.  (R.  S. 
1899,  §  1191,  amended.  Laws  1907,  p.  171.) 

Passenger  charges  regulated.  §3232.  Any  Individual, 
company,  or  corporation  owning,  operating,  controlling  or 
leasing  any  railroad  or  part  of  a  railroad  in  this  State,  in 
the  several  classifications  as  herein  prescribed,  shall  be 
limited  to  a  compensation  per  mile,  for  the  transportati  sii 
of  any  person  with  ordinary  baggage  not  exceeding  100 
pounds  In  weight,  as  follows:  In  classes  A,  B  and  C,  i  ot 
exceeding  2  cents  per  mile,  and  in  class  D,  not  exceeding 
4  cents  per  mile:  Provided,  that  no  such  individual,  com- 
pany or  corporation  shall  charge,  demand  or  receive  any 
greater  compensation  per  mile  for  the  transportation  of 
children  of  the  age  of  12  years  or  under,  than  one-half  of 
the  rate  above  prescribed;  and  provided  further,  that  the 
rates  for  transportation  herein  prescribed  may  be  reduc  .'d, 
as  hereinafter  provided.  (R.  S.  1899,  §  1192,  amend 
Laws  1907,  p.  171.)  J 

Penalty.     §3233.    Any  Individual,  company  or  corpfl 

tlon,  or  any  agent  or  officer  thereof,  who  shall  violate  an# 
of  the  provisions  ot  §  3232,  shall  be  deemed  guilty  of  a  rcis- 
demeanor,  and  upon  conviction,  shall  pay  a  fine  of  not  less 
than  $100  nor  more  than  $500.    (Laws  1907,  p.  171.) 

Excess  baggage — Maximum  rate  of  charge.  S  3234.  It 
shall  be  unlawful  for  any  railroad  in  this  State,  over  5  miles 


I 


i 


I 


Public  Skrvice  Laws 


793 


in  length,  run  by  steam  or  electricity,  to  charge  more  than 
12>/4  per  cent  of  the  cost  of  a  first-class  fare  between  all 
points  in  this  State,  per  100  pounds,  for  excess  of  baggage 
over  150  pounds:  Provided,  that  the  minimum  charge  for 
excess  of  baggage,  when  the  same  does  not  exceed  200 
pounds,  shall  not  be  less  than  25  cents.  (Laws  1903,  p. 
126.) 

Penalty.  §  3235.  Any  such  railroad  violating  the  provi- 
sions of  the  preceding  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  be  fined  in  any  sum 
not  less  than  $10  nor  more  than  $25  for  each  offense. 
(Laws  1903,  p.  126.) 

Amount  of  baggage  allowed  each  person.  §  3236.  Every 
common  carrier  engaged  in  the  carriage  of  passengers  by 
railroad  in  the  State  of  Missouri,  while  engaged  in  the 
carriage  of  passengers  by  railroad,  shall  receive  and  trans- 
port for  each  passenger  tendering  the  same,  the  baggage, 
Including  the  sample  baggage,  of  such  passenger,  not  ex- 
ceeding 150  pounds  for  adult  and  75  pounds  for  a  minor 
from  five  to  12  years  old,  and  such  baggage  shall  be  car- 
ried without  compensation  other  than  the  passenger  trans- 
portation charge.  All  baggage,  including  sample  baggage, 
as  defined  by  §§  3236  to  3239,  inclusive,  in  excess  ot  the 
weights  here  specified,  is  hereby  declared  to  be  excess  bag- 
gage, and  such  carriers  are  required  while  so  engaged  to 
carry  such  excess  baggage  for  the  passenger,  as  required 
by  said  sections:  Provided,  however,  that  such  carrier 
shall  be  required  to  carry  baggage  only  on  trains  equipped 
with  a  baggage  car.     (Laws  1909,  p.  358.) 

Sample  cases  to  6e  carried  with  passenger  without 
charge — Limit.  §  3237.  The  samples,  goods,  wares,  appli- 
ances and  catalogues  of  commercial  travelers  or  their  em- 
ployers, and  used  by  them  for  the  purpose  of  transacting 
their  business,  and  carried  with  them  solely  for  that  pur- 
pose, when  securely  packed  and  locked  in  substantial 
trunks  or  sample  cases  of  convenient  shape,  not  to  exceed 
40  cubic  feet  in  dimensions,  and  weight  not  exceeding  250 
pounds  for  handling,  are  hereby  declared  to  be  sample  bag- 
gage within  the  meaning  of  §§  3236  to  3239,  inclusive,  and 
such  carriers  are  required  to  transport  the  same  with  the 
passenger  as  required  by  said  sections.  (Laws  1909,  p. 
358.) 

Penalty.  §  3238.  Any  common  carrier  violating  any 
provision  or  requirement  of  the  two  preceding  sections 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  $25  nor  more  than  $100. 
(Laws  1909,  p.  358.) 

Liability  for  loss  or  damages  to  sample  cases,  etc. 
§  3239.  In  case  of  loss  or  damage  to  such  samples,  goods, 
wares,  appliances  or  catalogues  ot  any  commercial  traveler 
or  his  employer,  the  carrier  shall  not  be  liable  for  any 
greater  proportion  of  the  value  thereof  or  the  damage  sus- 
tained thereto  than  the  excess  baggage  fare  paid  by  the 
passenger  bears  to  the  current  rate  of  freight  on  such  line 
for  like  articles  in  like  packages  between  the  same  points, 
but  in  no  case  shall  the  carrier  be  liable  for  more  than  the 
'  value  of  such  samples,  goods,  wares,  appliances  or  cata- 
logues: Provided,  however,  that  no  liability  shall  accrue 
to  the  carriers  for  the  transportation  of  watches,  jewelry, 
gold  or  silver  coins;  articles  manufactured  from  precious 
metals,  drafts,  bank  bills,  notes,  deeds  or  valuable  papers 
ot  any  kind;  or  any  other  articles  excluded  from  transpor- 
tation by  the  freight  classification  of  tariffs  of  the  carriers 
when  carried  as  baggage,  except  by  special  contract  be- 
tween carriers  and  the  shippers:  Provided  further,  that 
the  amount  ot  damages  for,  or  to  each  trunk  or  sample 
case  and  contents,  shall  not  exceed  the  sum  of  $150,  ex- 
cept by  special  contract.     (Laws  1909,  p.  358.) 

Freight  classified.  §  3240.  All  freights  hereafter  trans- 
ported upon  any  railroad  or  part  ot  a  railroad  in  this  State 
are  hereby  divided  into  four  general  classes,  to  be  desig- 
nated as  first,  second,  third  and  fourth  class,  and  into 
seven  special  classes,  to  be  designated  as  classes  D,  E,  P, 
G,  H,  I  and  J.  Class  D  shall  comprise  all  grain  in  carloads. 
Class  E  shall  comprise  fiour  in  lots  of  50  barrels  or  more, 
and  lime  in  lots  of  24  barrels  or  more.  Class  F  shall  com- 
prise salt  in  lots  of  60  barrels  or  more,  and  cement,  water- 
lime  and  stucco  in  lots  ot  24  barrels  or  more.  Class  G 
shall  comprise  lumber,  lath  and  shingles,  in  car  loads. 
Class  H  shall  comprise  live  stock  in  carloads.  jOlass  I 
'  shall  comprise  agricultural  implements,  furniture  and 
I  wagons.     Class  J  shall  comprise  coal,  brick,  sand,  stone. 


railroad  ties  and  cord-wood,  and  all  heavy  fourth-class  arti- 
cles. In  car  loads;  and  in  addition  to  the  several  articles 
in  the  said  special  classes,  shall  be  added  other  articles 
as  and  In  the  manner  hereinafter  prescribed,  except  In 
classes  D,  E,  G  and  H;  and  all  articles  not  before  enum- 
erated or  subsequently  set  into  said  classes  as  hereinafter 
provided,  shall  be  placed  in  and  belong  to  the  four  general 
classes,  to  be  classified  by  the  railroad  commissioners  here- 
inafter to  be  provided.     (R.  S.  1899,  §  1193.) 

Maximum  freight  rates.  §  3241.  No  individual,  com- 
pany or  corporation  ownimg,  operating,  managing  or  leas- 
ing any  railroad,  or  part  of  railroad,  designated  in  §  3231 
as  In  classes  A,  B  or  C,  shall  demand,  charge  or  receive  a 
greater  or  higher  rate  for  carrying  from  initial  to  terminal 
points  in  this  State  articles  named  in  the  several  classes 
and  the  commodities  herein  designated  than  is  hereinafter 
provided  for,  namely:  Class  D,  in  car  loads  of  40,000 
pounds  minimum  weight,  not  exceeding  5  cents  per  100 
pounds  for  the  first  25  miles,  and  not  exceeding  Vz  cent 
per  100  pounds  for  the  second  25  miles  or  fractional  part 
thereof,  and  not  exceeding  i^  cent  per  100  pounds  for  each 
additional  25  miles  or  fractional  part  thereof.  Class  E,  in 
car  loads  ot  24,000  pounds  minimum  weight,  not  exceeding 
5  cents  per  100  pounds  for  the  first  25  miles,  and  not  ex- 
ceeding %  cent  per  100  pounds  for  the  second  25  miles  or 
fractional  part  thereof,  and  not  exceeding  %  cent  per  100 
pounds  for  each  additional  25  miles  or  fractional  part 
thereof.  Class  P,  in  carloads  of  30,000  pounds  minimum 
weight,  not  exceeding  5  cents  per  100  pounds  for  the  first 
25  miles,  and  not  exceeding  V^  cent  per  100  pounds  for  the 
second  25  miles  or  fractional  part  thereof,  and  nor  exceed- 
ing %  cent  per  100  pounds  for  each  additional  25  miles  or 
fractional  part  thereof.  Class  G,  in  carloads  of  30,000 
pounds  minimum  weight,  not  exceeding  5  cents  per  100 
pounds,  for  the  first  25  miles,  and  not  exceeding  %  cent  per 
100  pounds  for  the  second  25  miles  or  fractional  part  thereof, 
and  not  exceeding  i^  cent  per  100  pounds  for  each  additional 
25  miles  or  fractional  part  thereof.  Class  H,  in  carloads,  in 
common  cars,  measuring  inside  from  29  feet  to  and  in- 
cluding 30  feet  and  6  inches  in  length  (to  be  known  as 
standard  cars),  not  exceeding  $8  per  car  load  for  the  first 
25  miles,  and  not  exceeding  $4  per  car  load  for  the  second 
25  miles  or  fractional  part  thereof,  and  not  exceeding  $2 
per  car  load  for  each  additional  25  miles  or  fractional  part 
thereof  of  over  12  miles.  For  the  carriage  of  any  of  the 
articles  comprising  class  H,  in  cars  of  other  lengths  for 
the  distances  above  specified,  the  following  percentages  of 
the  foregoing  rates  per  car  load  shall  not  be  exceeded, 
namely:  In  cars  of  length  less  than  29  feet,  94  per  cent; 
In  cars  of  length  over  30%  feet  to  and  including  32  feet, 
104  per  cent;  in  cars  of  length  over  32  feet  to  and  includ- 
ing 33  feet  and  9  inches,  107  per  cent;  in  cars  of  length 
over  33  feet  and  9  inches  to  and  including  36  feet,  110  per 
cent;  in  cars  ot  length  over  36  feet  to  and  including  38 
feet,  113  per  cent;  in  cars  of  length  over  38  feet  to  and 
including  40  feet,  116  per  cent;  in  cars  of  length  over  40 
feet  to  and  including  42  feet,  125  per  cent;  in  cars  of  length 
over  42  feet  to  and  including  44  feet,  135  per  cent;  in  cars 
of  length  over  44  feet,  140  per  cent  ot  the  rates  herein 
specified  for  cars  of  the  standard  length  of  29  feet  to  and 
Including  30  feet  and  6  inches  shall  not  be  exceeded.  All 
the  foregoing  lengths  to  be  taken  by  inside  measurements. 
Class  I,  in  car  loads  of  20,000  pounds  minimum  weight, 
not  exceeding  $14  per  car  load  for  the  first  25  miles  and 
not  exceeding  $2  per  car  load  for  the  second  25  miles  or 
fractional  part  thereof,  and  not  exceeding  $2  per  car  load 
for  each  additional  25  miles  or  fractional  part  thereof. 
For  a  car  load  of  40,000  pounds  of  minimum  weight  un- 
dressed stone,  crushed  rock,  sand,  railroad  ties,  cordwood, 
building  or  paving  brick,  not  exceeding  40  cents  per  ton  of 
2,000  pounds  to  the  ton  for  the  first  50  miles  or  fractional 
part  thereof,  and  not  exceeding  5  cents  per  ton  per  car 
load  for  the  next  ten  miles  or  fractional  part  thereof,  and 
not  exceeding  5  cents  per  ton  per  car  load  for  each  addi- 
tional 10  miles  or  fractional  part  thereof.  In  computing 
the  rate  of  freight,  according  to  the  provisions  ot  this 
article,  the  distance  shall  be  computed  from  the  point 
where  it  is  received  to  the  point  of  destination  in  the  State, 
notwithstanding  it  may  pass  from  one  road  to  another. 
(R.  S.  1899,  §  1194,  amended.  Laws  1905,  p.  102;  Laws  1907, 
p.  171.) 

Penalty.     §  3242.     Any  individual  company  or  corpora- 


794 


National  Association  of  Eailway  Commissioners 


1 


tjon  owning,  operating,  managing  or  leasing  any  railroad, 
or  part  of  railroad,  designated  in  §  3241,  or  any  officer, 
agent,  representative  or  employe  thereof  who  violates  the 
provisions  of  §  3241,  shall  be  adjudged  guilty  of  a  mis- 
demeanor, and  on  conviction,  shall  be  punished  by  a  fine 
of  not  to  exceed  $5,000:  Provided,  that  the  money  received 
from  any  fine  under  the  provisions  of  this  section  shall  be 
paid  into  the  school  fund  in  the  county  in  which  the  case 
Is  prosecuted.  (Laws  1905,  p.  102,  amended.  Laws  1907, 
p.  171.) 

Construction  of  two  preceding  sections.  §  3243.  The 
two  preceding  sections  shall  not  have  the  eitect  of  reliev- 
ing any  person,  partnership  or  corporation,  owning  or  oper- 
ating any  railroad  in  this  State,  from  any  liability  or  pen- 
alty heretofore  incurred  for  failure  to  comply  with  any 
law  of  this  State.  (Laws  1905,  p.-  102,  amended.  Laws  1907, 
p.  171.) 

Freight  charges  for  melons.  §  3244.  No  individual, 
company  or  corporation,  owning,  operating,  managing  or 
leasing  any  railroad  or  part  of  a  railroad,  designated  in 
§  3231,  as  in  class  A,  B  or  C,  shall  charge  for  or  receive 
a  greater  or  higher  rate  for  carrying  watermelons,  musk- 
melons  or  cantaloupes  than  is  hereinafter  provided  for. 
namely:  Not  exceeding  $8  per  car  load  of  25,000  pounds 
for  the  first  25  miles,  and  not  exceeding  $5  per  car  load  for 
the  second  25  miles,  and  not  exceeding  $1  per  car  load  for 
each  additional  25  miles,  and  all  excess  in  weight  to  be 
charged  for  at  the  same  rates.  In  computing  the  rates  of 
freight,  according  to  the  provisions  of  this  section,  the 
distance  shall  be  computed  from  the  point  where  it  is  re- 
ceived in  this  State,  notwithstanding  it  may  pass  from  one 
road  to  another.     (R.  S.  1899,  §  1195.) 

Rate  for  undressed  stone,  crushed  rock,  sand  and  trick. 
§  3245.  No  individual,  company  or  corporation,  owning, 
operating,  managing  or  leasing  any  railroad  or  part  of  a 
railroad  in  this  State,  shall  charge  for  or  receive  for  carry- 
ing a  car  load  of  40,000  pounds  of  undressed  stone,  crushed 
rock,  sand  or  building  or  paving  bricks  more  than  40 
cents  per  ton  for  the  first  10  miles,  20  cents  per  ton  for 
the  second  10  miles  or  more  than  5  cents  per  ton  for  each 
additional  10  miles,  and  any  excess  in  weight  shall  be 
charged  for  at  the  same  rate  per  ton  as  for  an  even  car 
load.     (Laws  1905,  p.  104.) 

Kate  for  apples  and  pears.  §  3246.  No  individual,  com- 
pany or  corporation,  owning,  operating,  managing  or  leas- 
ing any  railroad  or  part  of  a  railroad  in  this  State,  shall 
charge  for  or  receive  for  carrying  apples  and  pears  in  car 
loads  of  24,000  pounds  minimum  weight,  more  than  6  cents 
per  100  pounds  for  the  first  25  miles  or  fractional  part 
thereof,  and  not  more  than  1  cent  per  100  pounds  for  each 
additional  25  miles  or  fractional  part  thereof.  For  straw- 
berries, peaches,  grapes  and  other  berries  in  car  loads 
of  18,000  pounds  minimum  weight,  not  exceeding  15  cents 
per  100  pounds  for  the  first  25  miles  or  fractional  part 
thereof,  and  not  exceeding  2  cents  per  100  pounds  for 
each  additional  25  miles  or  fractional  part  thereof.  (Laws 
1907,  p.  187.) 

Penalty.  §  3247.  Any  individual,  company  or  corpora- 
tion, owning,  operating,  managing  or  leasing  any  railroad 
or  part  of  a  railroad  in  this  State,  violating  the  provisions 
of  the  preceding  section,  shall,  on  conviction,  be  adjudged 
guilty  of  a  misdemeanor,  and  subject  to  a  fine  not  to  ex- 
ceed $1,000  for  each  offense.     (Laws  1907,  p.  187.) 

Penalty  for  illegal  charges,  etc.  §  3248.  In  no  instance 
shall  any  such  individual,  company  or  corporation,  lessee 
or  other  person,  charge  or  receive  any  greater  rate  of  com- 
pensation for  carrying  freight  or  passengers  than  herein- 
before provided,  and  any  individual,  company  or  corpora- 
tion violating,  or  in  any  way  evading  the  provisions  of  this 
article,  shall  forfeit  all  right  to  recover  or  receive  any 
compensation  whatever  for  the  service  rendered  wherein 
such  violation  is  attempted;  and  every  agent  of  any  such 
corporation,  lessee  or  other  individual  operating  any  rail- 
road within  this  State,  who  shall  refuse  to  receive  for 
transportation  over  the  road  for  which  he  is  agent,  in  the 
usual  way,  any  of  the  articles  hereinbefore  mentioned,  on 
account  of  the  compensation  hereinbefore  prescribed  being 
too  low,  or  receiving  any  such  articles  of  freight,  shall 
charge  or  attempt  to  charge  for  the  transportation  of  the 
same,  any  greater  sum  than  herein  fixed,  or  shall  in  any 
manner  violate  or  attempt  to  violate  or  evade  the  provi- 
sions of  this  article,  shall  be  deemed  guilty  of  a  misde- 


meanor, and  on  conviction  thereof,  shall  pay  a  fine  of  not 
exceeding  $200  for  each  and  every  offense,  and  the  Injured 
party  shall  have  a  right  of  action  against  said  agent,  or 
against  the  railroad  company,  or  other  persons  operating 
the  railroad,  or  both,  in  which  case  he  shall  be  entitled  to 
recover  three  times  the  amount  taken  or  received  from  him 
in  excess  of  the  rate  prescribed  by  this  article.  (R.  S. 
1899,  §  1196.) 

Jurisdiction  of  courts,  etc.  §  3249.  Justices  of  the  peace 
shall  have  concurrent  jurisdiction  with  the  Circuit  Court 
in  all  oases  of  prosecutions  for  a  violation  of  this  article, 
with  full  power  and  authority  to  impose  fines,  and  to  the 
same  extent  as  the  Circuit  Court,  in  all  cases  where  the 
amount  claimed  does  not  exceed  $200:  Provided,  that 
either  party  shall  have  the  right  to  appeal  as  in  all  other 
cases  tried  before  a  justice  of  the  peace;  and  justices  of 
the  peace  shall  have  jurisdiction  in  all  civil  cases  under 
this  article,  whenever  the  amount  claimed  does  not  exceed 
$200.     (R.  S.  1899,  §  1197.) 

INSPECTION   OF   GBAIN   AND   HAT. 

Railroad  and  warehouse  commissioners.  §  6773.  The 
present  board  of  railroad  commissioners  of  the  State  of 
Missouri  shall  be  charged  with  the  supervision  of  the  <  xe- 
cution  of  the  details  of  this  article,  and  shall  hereafter  be 
known  as  the  board  of  railroad  and  warehouse  commiss  on- 
ers of  the  State  of  Missouri.    (R.  S.  1899,  §  7623.) 

Board  to  appoint  chief  inspector — Duties.  §  6774.  It 
shall  be  the  duty  of  the  board  of  railroad  and  warehoise 
commissioners  to  appoint  a  suitable  person,  who  shall  Qot 
be  a  member  of  a  board  of  trade,  who  shall  not  be  in  er- 
ested,  either  directly  or  indirectly,  in  any  warehouse,  ele- 
vator or  in  grain  merchandising  in  this  State,  who  shall  be 
a  grain  expert,  and  who  shall  be  known  as  the  chief  in- 
spector of  grain  for  the  State  of  Missouri,  whose  term  of 
service  as  such  shall  continue  for  four  years  and  until  Uis 
successor  is  appointed  and  qualified.  It  shall  be  the  d  ity 
of  the  chief  inspector  to  have  a  general  supervision  of  he 
inspection  of  grain,  as  required  by  this  article  or  laws  of 
this  State  under  the  immediate  direction  of  the  board  of 
railroad  and  warehouse  commissioners  of  the  State  of 
Missouri.     (R.  S.  1899,  §  7624,  amended.  Laws  1907,  p.  2i  5.) 

Public  warehouses.  §  6775.  All  buildings,  elevators  or 
warehouses,  wherever  State  grain  inspection  may  be  esi  ab- 
lished  by  the  State  board  of  railroad  and  warehouse  C(  m- 
missioners  in  this  State,  and  having  a  capacity  of  not  1  !B8 
than  50,000  bushels,  erected  and  operated,  or  which  h(  r» 
after  may  be  erected  and  operated,  by  any  person  or  j  er- 
sons,  association,  copartnership  or  corporation,  for  the  i  ur- 
pose  of  storing  the  grain  of  different  owners  for  a  comi  en- 
sation,  are  hereby  declared  public  warehouses,  and  he 
person  or  persons,  associations,  copartnership  or  corp(  ra- 
tion owning  such  building  or  buildings,  elevator  or  eU  va- 
tors,  warehouse  or  warehouses,  which  are  now  or  nay 
hereafter  be  located  or  doing  business  within  this  Sti  te, 
as  above  described,  whether  said  owners  or  operators  res  de 
within  this  State  or  not,  are  public  warehousemen  wit  lin 
the  meaning  of  this  section.     (R.  S.  1899,  §  7625.) 

License  for  public  warehouse  or  public  elevator.  %  6'  76. 
The  proprietor,  lessee  or  manager  of  any  public  w:  re- 
house or  public  elevator  shall  be  required,  before  tr£  ns- 
acting  any  business  in  such  warehouse  or  elevator,  to 
procure  from  the  Circuit  Court  of  the  county  in  which 
such  warehouse  or  elevator  is  situated — or  if  to  procare 
license  for  a  public  warehouse  or  public  elevator  in  the  ( ity 
of  St.  Louis,  application  shall  be  made  to  the  Circ  ult 
Court  of  said  city — a  license  permitting  such  proprie  or, 
lessee  or  manager  to  transact  business  as  a  public  wi  re- 
houseman  or  public  elevatorman  under  the  laws  of  I  his 
State,  which  license  shall  be  issued  by  the  clerk  of  said 
court  upon  written  application,  which  shall  set  forth  the 
location  and  name  of  such  warehouse  or  elevator  and  the 
individual  name  of  each  person  interested  as  owner  or 
principal  in  the  management  of  the  same;  or,  if  the  wire- 
house  or  elevator  be  owned  by  or  managed  by  a  corpora- 
tion, the  name  of  the  president,  secretary  and  treasurer  of 
such  corporation  shall  be  stated;  and  the  said  license  s  lall 
give  authority  to  carry  on  and  conduct  the  business  cf  a 
public  warehouse  or  public  elevator  in  accordance  with  the 
laws  of  this  State,  and  shall  be  revocable  by  the  fiaid 
court  upon  a  summary  proceeding  before  the  court  upon  the 
complaint  of  any  person,  in  writing,  setting  forth  the  par- 
ticular violation  of  the  law  to  be  sustained  by  satisfactory 


I 


Public  Service  Laws 


795 


proof  to  be  taken  In  such  manner  as  may  be  directed  by  the 
court.     (R.  S.  1899,  §  7626,  amended,  Laws  1907,  p.  285.) 

Public  warehousemen  to  give  bond.  §  6777.  The  person 
or  persons  receiving  a  license  as  herein  provided  shall  file 
with  the  clerk  of  the  court  granting  the  same  a  bond  to 
the  people  of  the  State  of  Missouri,  with  good  and  suffi- 
cient security  to  be  approved  by  said  court,  in  the  penal 
sums  as  per  the  following  schedule  of  capacities  by  meas- 
urement: For  a  public  warehouse  or  public  elevator  with 
a  capacity  of  50,000  bushels  or  less,  $2,500;  for  a  public 
warehouse  or  public  elevator  with  a  capacity  of  more  than 
60,000  bushels  and  not  exceeding  100,000  bushels,  ?5,000; 
for  a  public  warehouse  or  public  elevator  with  a  capacity 
of  more  than  100,000  bushels  and  not  exceeding  2:00,000 
bushels,  $10,000;  for  a  public  warehouse  or  public  elevator 
with  a  capacity  of  more  than  200,000  bushels  and  not  ex- 
ceeding 300,000  bushels,  $15,000;  for  a  public  warehouse  or 
public  elevator  with  a  capacity  of  more  than  300,000  bushels 
and  not  exceeding  400,000  bushels,  $20,000;  for  a  public  ware- 
house or  public  elevator  with  a  capacity  of  more  than  400,000 
bushels  and  not  exceeding  500,000  bushels,  $25,000;  for  a 
public  warehouse  or  public  elevator  with  a  capacity  of  more 
than  500,000  bushels  and  not  exceeding  750,000  bushels,, 
$37,500;  for  a  public  warehouse  or  public  elevator  with  a 
capacity  of  more  than  750,000  bushels  and  not  exceeding 
1,000,000  bushels,  $50,000;  for  a  public  warehouse  or  public 
elevator  with  a  capacity  exceeding  1,000,000  bushels,  $100,000 
— conditioned  for  the  faithful  performance  of  his  or  their 
duties  as  public  warehouseman  or  v/arehousemen,  elevator- 
man  or  elevatormen,  as  security  for  any  penalties  found  by 
due  course  of  law  for  violation  of  any  clause  of  this  article, 
and  his  or  their  full  and  unreserved  compliance  with  the 
laws  of  this  State  in  relation  thereto.  (R.  S.  1899,  §  7627, 
amended.  Laws  1907,  p.  285.) 

Transacting  business  without  license — Penalty.  §  6778. 
Any  person  or  persons  who  shall  transact  the  business  of 
public  warehouseman  or  warehousemen,  public  elevatorman 
or  elevatormen,  without  first  procuring  license  and  giving 
bond  as  herein  provided,  or  who  shall  continue  to  transact 
such  business  after  such  license  has  been  revoked,  or  such 
bond  may  have  become  void  or  found  insufficient  security 
for  the  penal  sum  in  which  it  is  executed  by  the  court 
approving  the  same  save  only  that  he  may  be  permitted  to 
deliver  property  previously  stored  in  such  warehouse  or 
elevator,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction be  fined  in  a  sum  not  less  than  $100  nor  more  than 
$500  for  each  and  every  day  such  business  is  carried  on; 
and  the  court  that  issued  may  refuse  to  renew  any  license 
or  grant  a  new  one  to  any  person  or  persons  whose  license 
has  been  revoked  within  one  year  from  the  time  same  was 
revoked.  (R.  S.  1899,  §  7628,  amended.  Laws  1907,  p.  285.) 
Duties  of  public  icarehousemen  or  elevatormen.  §  6779. 
It  shall  be  the  duty  of  the  person  or  persons  doing  a  public 
warehouse  or  public  elevator  business  under  this  article 
to  receive  for  storage  handling  or  mixing  any  grain  that 
may  be  tendered  to  him  or  them  in  the  usual  manner  with 
which  warehouses  or  elevators  are  accustomed  to  receive 
the  same  in  the  ordinary  and  usual  course  of  business,  and 
to  not  discriminate  between  persons  desiring  to  avail  them- 
selves of  warehouse  or  elevator  facilities,  and  that  the 
schedule  of  charges  for  such  warehouse  or  elevator  service 
shall  be  uniform,  regardless  of  quantities  or  lots  so  offered 
or  received.  (R.  S.  1899,  §  7629,  amended,  Laws  1907,  p. 
285.) 

Orain  to  be  inspected.  §  6780.  Receipts  of  grain  by  pub- 
lic warehouses  in  all  cases  shall  be  inspected  and  graded 
by  a  duly  authorized  inspector,  and  shall  be  stored  with 
grain  of  a  similar  grade,  received  as  near  the  same  time 
as  may  be;  but  if  the  owner  or  consignee  so  requests  and 
the  warehouseman  consents  thereto,  his  grain  of  the  same 
grade  may  be  kept'  in  a  bin  by  itself  apart  from  that  of  the 
general  stock  of  the  warehouse,  which  bin  shall  be  marked 
"special,"  with  the  name  of  the  owner  and  with  the  quan- 
tity and  grade  of  same,  and  the  warehouse  receipt  issued 
for  same  shall  state  upon  its  face  that  the  grain  is  stored 
In  a  special  bin,  giving  the  number  of  same  and  the  quan- 
i  tlty  and  grade  of  the  grain  so  stored.  (R.  S.  1899,  §  7630.) 
i  Note. — This  section  was  re-enacted  by  Laws  1907,  p.  285, 
1  but  the  new  section  was  held  unconstitutional  in  Merchants' 
Exchange  v.  Knott,  212  Mo.  616,  and  the  section  is  here 
given  as  it  was  before  amendment. 

No  grain  to  be  delivered  unless  inspected.     §  6781.    No 


grain  shall  be  delivered  from  or  transferred  through  a 
public  warehouse  or  public  elevator  constituted  by  this 
article  unless  it  be  inspected  by  a  duly  authorized  State 
Inspector.     (R.  S.  1899,  §  7631,  amended.  Laws  1907,  p.  285.) 

Warehousemen  or  elevatormen  shall  not  mix  grain,  etc. 
§  6782.  Public  warehousemen  and  public  elevatormen  shall 
not  mix  any  grain  of  different  grades  together,  nor  select  or 
mix  different  qualities  of  the  same  grade  for  the  purpose 
of  storing  or  delivering  the  same,  nor  shall  they  deliver  or 
attempt  to  deliver  grain  of  one  grade  for  grain  of  another 
grade,  nor  in  any  way  tamper  with  grain  while  in  a  public 
warehouse  or  publlic  elevator  in  his  or  their  possession  or 
custody,  nor  permit  the  same  to  be  done  by  others  with  the 
view  or  result  of  profit  to  anyone;  and  in  no  case  shall 
grain  of  different  grades,  either  from  the  general  stock  or 
from  special  bins,  be  mixed  together  while  in  store  or  con- 
trol of  such  public  warehouseman  or  public  elevatorman, 
except  on  request  of  the  owner  thereof.  (R.  S.  1899,  §  7632, 
amended.  Laws  1907,  p.  285.) 

May  run  grain  through  machinery,  when.  §  6783.  When- 
ever it  may  be  necessary,  in  order  to  preserve  the  condi- 
tion of  any  bin  or  lot  of  grain  belonging  to  any  person, 
stored  in  a  public  warehouse  or  public  elevator,  to  run  said 
grain  through  machinery  to  air,  clean  or  otherwise  im- 
prove its  condition,  and  it  is  so  desired  by  the  owner,  this 
shall  be  done,  but  in  such  manner  as  will  insure  the  con- 
tents of  each  bin  or  lot  intact  and  of  the  same  grade  as 
when  stored;  but  this  shall  not  be  done  except  under  the 
supervision  of  an  authorized  State  inspector.  (R.  S.  1899, 
§  7633,  amended.  Laws  1907,  p.  285.) 

Grain  not  to  be  received  unless  sufficient  room.  §  6784. 
Nothing  in  this  article  shall  be  construed  so  as  to  compel 
the  receipt  of  grain  into  any  public  warehouse  or  public 
elevator  in  which  there  is  not  sufficient  room  to  accommo- 
date or  store  it  properly,  or  in  cases  where  such  public 
warehouse  or  public  elevator  is  necessarily  closed.  (R.  S. 
1899,  §  7634,  amended.  Laws  1907,  p.  285.) 

Shall  not  receive  and  mix  grain  until  inspected  and 
graded.  §  6785.  In  all  places  where  there  are  legally 
appointed  State  inspectors  of  grain,  no  proprietor  or  man- 
ager of  a  public  warehouse  or  public  elevator  shall  be  per- 
mitted to  receive  any  grain  and  mix  the  same  with  grain 
of  other  owners  in  the  storage  thereof,  or  stored  in  special 
bins,  until  the  same  shall  have  been  inspected  and  graded 
by  such  State  inspector.  (R.  S.  1899,  §  7635,  amended. 
Laws  1907,  p.  285.) 

Shall  not  enter  into  combination.  §  6786.  No  ware- 
houseman or  elevatorman,  agent  or  manager  of  a  public 
warehouse  or  public  elevator  shall  enter  into  any  combina- 
tion, agreement  or  understanding  with  any  railroad,  steam- 
boat, transfer  or  other  carrying  corporation,  or  with  any 
person  or  persons  by  which  the  property  of  any  person  is 
to  be  delivered  to  any  public  warehouse  or  public  elevator 
for  storage  or  other  purpose,  contrary  to  the  direction  of 
the  owner,  his  agent  or  assignee.  (R.  S.  1899,  §  7636, 
amended.  Laws  1907,  p.  285.) 

To  issue  receipts,  when — How  numbered.  §  6787.  Upon 
all  grain  received  into,  or  handled  by  or  stored  in  a 
public  warehouse  or  public  elevator,  the  same  being 
accompanied  with  evidence  that  all  charges  which  may 
be  a  lien  upon  such  grain,  including  charges  for  inspec- 
tion and  weighing,  have  been  paid,  the  warehousemen 
or  elevatormen  shall  forward  to  the  office  of  the  chief 
Inspector,  for  proper  registration,  warehouse  or  elevator 
recripts  for  grain  received,  and  shall  issue  to  the  person 
entitled  thereto  a  warehouse  or  elevator  receipt  therefor, 
subject  to  the  order  of  the  owner  or  consignee,  which 
receipt  shall  bear  date  corresponding  with  the  receipt 
of  the  grain  into  said  warehouse  or  elevator  for  trans- 
ferring, handling  or  storing,  and  shall  state  upon  Its 
face  the  quantity  and  inspected  grade  of  the  grain, 
and  that  the  grain  mentioned  in  it  has  been  received 
into  such  warehouse  or  elevator  for  the  purpose  of  being 
transferred  or  handled  or  to  be  stored  with  grain  of  the 
same  grade  by  inspection  received  at  about  the  date  of  the 
receipt,  and  that  it  ife  deliverable  upon  the  return  of  the 
receipt  properly  endorsed  by  the  person  to  whose  order 
it  was  issued,  and  upon  the  payment  of  the  charges  ac- 
crued for  storage,  handling  or  transferring.  All  ware- 
house or  elevator  receipts  for  grain  issued  from  the 
same  warehouse  or  elevator  shall  be  consecutively  num- 
bered,   and    no    two    receipts   bearing   the   same    number 


796 


Natioxal  Association  of  Railway  Commissioners 


shall  be  issued  from  fhe  same  warehouse  or  elevator 
during  any  one  year,  except  in  case  of  a  lost  or  des- 
troyed receipt,  in  which  case  the  new  receipt  shall  bear 
date  and  number  as  the  original,  and  shall  be  plainly 
marked  upon  its  face  "duplicate."  If  the  grain  for 
which  receipts  are  issue  was  received  from  railroad 
cars,  the  number  and  initials  of  each  car  shall  be  stated 
in  the  receipt,  with  the  amount  each  car  contained; 
if  by  boat,  barge  or  other  vessel,  the  name  of  such 
craft;  if  from  wagons  or  other  means  it  shall  be  so 
stated;  if  having  been  bulked  from  sacks,  the  manner  of 
its  receipt  shall  be  stated  upon  the  face  of  such  re- 
ceipt for  grain  so  received.  (R.  S.  1899,  §  7637,  amended. 
Laws  1907,   p.  285.) 

Receipts,  how  issued,  etc.  §  6788.  No  public  warehouse 
or  public  elevator  receipt  shall  be  issued  except  upon 
actual  delivery  of  grain  into  such  warehouse  or  elevator 
from  which  it  purports  to  be  issued,  and  which  is  to  be 
represented  by  the  receipt;  nor  shall  any  receipt  be 
issued  for  a  greater  quantity  of  grain  than  was  contained 
in  the  lot  stated  to  have  been  received,  nor  shall  more 
than  one  receipt  be  issued  for  the  same  lot  of  grain 
except  in  cases  where  receipts  for  a  part  of  a  lot  are 
desired,  and  then  the  aggregate  receipts  for  a  particulai- 
lot  shall  cover  that  lot  and  no  more.  In  cases  where 
a  part  of  the  grain  represented  by  the  receipt  is  deliv- 
ered out  of  such  warehouse  or  elevator,  and  the  re- 
mainder is  left,  a  new  receipt  may  be  issued  for  such 
remainder;  but  such  new  receipt  shall  bear  the  same 
date  as  the  original,  and  shall  state  on  its  face  that  it 
is  tlie  balance  of  receipt  of  the  original  number,  and  the 
receipt  upon  which  a  part  has  been  delivered  shall  be 
canceled  in  the  same  manner  as  it  the  grain  it  called 
for  had  all  been  delivered.  In  case  it  be  desirable  to 
divide  one  receipt  into  two  or  more,  or  in  case  it  be 
desirable  to  consolidate  two  or  more  receipts  into  one, 
and  the  warehouseman  or  elevator  man  consents  thereto, 
the  original  receipt  shall  be  canceled  the  same  as  if 
the  grain  had  been  delivered  from  such  warehouse  or 
elevator;  and  the  new  receipts  shall  state  on  their 
face  that  they  are  parts  of  other  receipts  or  a  consoli- 
dation of  other  receipts,  as  the  case  may  be;  and  the 
numbers  of  the  original  receipts  shall  also  appear  upon 
the  new  ones  issued  explaining  the  change,  and  all 
new  receipts  issued  for  old  ones  canceled,  as  herein 
provided,  shall  bear  the  same  dates  as  those  originally 
Issued  as  near  as  may  be.  (R.  S.  1899,  §  7638,  amended. 
Laws  1907.  p.  285.) 

Receipt  not  to  limit  or  modify  responsibility.  §  6789. 
No  warehouseman  or  elevatorman  under  this  article  shall 
insert  in  any  receipt  issued  for  grain  received  any  lan- 
guage in  anywise  limiting  or  modifying  his  responsibility 
or  liability  as  imposed  by  the  laws  of  this  State.  (R.  S. 
1899,  §  7639,  amended.  Laws  1907,  p.  285.) 

Receipt  to  be  marked  and  canceled  upon  delivery  of 
grain.  §  6790.  Upon  delivery  of  grain  from  such  ware- 
house or  elevator  upon  any  receipt,  such  receipt  shall 
be  handed  to  the  chief  inspector  for  proper  cancella- 
tion by  the  registrar,  plainly  marked  across  xits  face 
with  the  word  "canceled,"  with  the  name  of  the  person 
canceling  the  same,  and  shall  thereafter  be  void  and  sh.all 
not  again  be  put  in  circulation,  nor  shall  grain  be  de- 
livered twice  on  the  same  receipt.  (R.  S.  1899,  §  7640, 
amended,   Laws  1907,  p.  285.) 

Receipts  transferable  by  indorsement.  §  6791.  Public 
warehouse  or  public  elevator  receipts  for  property  re- 
ceived or  handled  by  such  warehouse  or  elevator  created 
by  this  article  as  herein  described  shall  be  transferable 
for  the  indorsement  of  the  party  to  whose  order  such 
receipt  may  be  issued,  and  such  indorsement  shall  be 
deemed  a  valid  transfer  of  the  property  represented  by 
such  receipt,  and  may  be  made  either  in  blank  or  to 
the  order  of  another.  (R.  S.  1899,  §  7641,  amended.  Laws 
1907,   p.   285.) 

Fraudulent  receipts — Penalty.  §  6792.  Any  warehouse- 
man or  elevatorman  of  any  public  warehouse  or  public 
elevator  created  by  this  article,  or  employe  of  such 
warehouse  or  elevator,  or  owner  or  manager  connected 
with  same,  or  any  other  person  who  shall  be  guilty  of 
Issuing  any  warehouse  or  elevator  receipt  for  any  prop- 
erty not  actually  in  such  warehouse  or  elevator  at  tho 
time   of   issuing   such    receipt,   or  who   shall   be   guilty  o* 


issuing  any  warehouse  or  elevator  receipt  in  any  respect 
fraudulent  in  its  character,  either  as  to  its  date,  oi 
the  quantity,  quality  or  inspected  grade  of  such  property, 
or  who  shall  issue  a  duplicate  receipt  without  marking 
the  same  "duplicate,"  or  who  shall  forge  the  registrar's 
name  to  an  original  or  duplicate  warehouse  or  elevator 
receipt,  or  who  shall  remove  any  property  from  such 
warehouse  or  elevator  except  to  preserve  it  from  Are 
or  other  sudden  danger,  without  the  return  and  cancel- 
lation of  any  and  all  outstanding  receipts  that  may  have 
been  issued  to  represent  such  property,  shall  when  con- 
victed thereof,  be  guilty  of  a  felony,  and  in  addition  to 
other  penalties  prescribed  by  this  article,  may  be  pun- 
ished by  imprisonment  in  the  penitentiary  for  not  less 
than  two  and  not  more  than  10  years.  (R.  S.  1S99, 
§  7642,   amended,   I^ws  1907,  p.   285.) 

Grain  to  be  delivered  upon  presentation  of  receipt. 
%  6793.  Upon  the  return  of  any  warehouse  or  elevator  re- 
ceipt issued  by  persons  in  charge  of  a  warehouse  or  ele- 
vator created  by  this  article,  and  the  demand  for  the 
delivery  of  property  represented  by  such  receipt,  duly 
indorsed,  if  not  presented  by  the  original  holder,  accom- 
panied by  the  tender  of  all  proper  charges  upon  the 
property  represented,  such  property  shall  be  immediately 
deliverable  to  the  holder  of  such  receipt,  and  it  shall  not 
be  subject  to  further  charges  for  storage  after  demind 
for  such  delivery  shall  have  been  made,  and  deliveiies 
shall  be  made  by  the  warehouseman  or  elevator  man  in 
the  order  in  which  such  receipts  are  presented  and  ie- 
mand  for  deliveries  made.  (R.  S.  1899,  §7643,  amended, 
Laws   1907,   p.   285.) 

Warehousemen  and  elevatorvien  to  publish  schedule  of 
rates.  §  6794.  The  manager  of  every  public  warehouse  or 
public  elevator  created  by  this  article  shall  be  required, 
within  30  days  after  the  passage  of  this  article,  and  c  iir- 
ing  the  first  week  in  January  of  each  year  thereaf'  er, 
to  publish  in  one  or  more  of  the  newspapers  publisl  ed 
in  the  vicinity  in  which  such  warehouse  or  elevator  is 
situated,  a  schedule  of  rates  for  the  transferring,  ha  id- 
ling or  storing  of  grain  in  his  warehouse  or  eleva  or 
during  the  ensuing  year,  which  rates  shall  not  be  in- 
creased during  the  year  without  the  consent  of  the  r  lil- 
road  and  warehouse  commissioners,  and  such  publisl  ed 
rates,  or  any  published  reduction  of  them,  shall  ap  >ly 
to  all  grain  received  into  or  handled  by  such  wareho  ;3» 
or  elevator  from  any  person  or  source,  and  no  discr  ra- 
ination  shall  be  made,  directly  or  indirectly,  for  or 
against  any  person  in  any  charges  made  by  such  wj  re- 
houseman  or  elevatorman  for  the  transferring,  handl  ng 
or  storing  of  grain.  The  maximum  charge  for  the  s;  or- 
ing,  transferring  or  handling  of  grain,  including  he 
cost  of  receiving  and  delivering,  shall  be  for  the  f  rat 
10  days  or  part  thereof  2  cents  per  bushel,  and  for 
each  10  days  or  part  thereof  after  the  first  10  days  cae- 
half  of  1  cent  per  bushel.  (R.  S.  1899,  §7644,  amended. 
Laws    1907,    p.   285.) 

To  post  amount  and  grade  of  grain  on  hand  weel  ly. 
§  6795.  ITie  manager  of  every  public  warehouse  or  eleva  tor 
created  under  this  article  shall,  on  or  before  Tuesilay 
morning  of  each  week,  cause  to  be  made  out,  and  si  all 
keep  posted  in  the  business  ofBce  of  his  warehouse  or 
elevator  in  a  conspicuous  place,  a  statement  of  he 
amount  of  each  kind  and  grade  of  grain  in  store  in 
his  warehouse  or  elevator  at  the  close  of  business  on  he 
previous  Saturday,  and  shall  also,  on  each  Tuesday  m(  rn- 
ing,  render  a  similar  statement,  made  under  oath  be- 
fore some  officer  authorized  by  law  to  administer  oa  hs, 
by  some  one  connected  with  such  warehouse  or  elevf  tor 
having  personal  knowledge  of  the  facts,  to  the  board  of 
railroad  and  warehouse  commissioners.  He  shall  !  Iso 
be  required  to  furnish  dally  to  said  board  a  con  oct 
statement  of  the  amount  of  each  kind  of  grain  ind 
grade  of  same  received  in  store,  transferred  or  banc  led 
in  such  warehouse  or  elevator  on  the  previous  day; 
also  the  amount  of  each  kind  of  each  grade  of  gialn 
delivered  or  shipped  by  such  warehouse  or  elevator  (lur- 
ing the  previous  day,  and  what  warehouse  or  elevator 
receipts  have  been  canceled  upon  which  the  grain  has 
been  delivered  on  such  days,  giving  the  number  ot  each 
receipt  and  the  amount,  kind  and  grade  of  grain  re- 
ceived and  shipped  upon  each;  also  how  much  through 
grain  in  transit  to  points  outside  of  the  State,  if  any, 
may    have    been    received    for    trans-shipment,    for    which 


Public  Service  Laws 


797 


warehouse  receipts  have  not  been  issued,  was  so  shipped 
or  delivered,  and  the  kind  and  grade  of  it,  when  and  how- 
such  unreceipted  grain  was  received.  He  shall  also 
make  daily  report  to  the  commissioners  of  receipts 
and  deliveries  of  such  unreceipted  grain,  if  any,  received 
for  the  account  of  owners  of  such  warehouse  or  elevator, 
either  directly  or  indirectly,  with  the  amount,  kind  and 
grade  of  same.  He  shall  also  report  daily  to  the  commis- 
sioners what  receipts,  it  any,  have  been  canceled  and  new 
ones  issued  in  their  stead  as  herein  provided  for.  He  shall 
also  make  such  further  statements  to  the  commissionera 
regarding  receipts  issued  or  canceled  as  may  be  neces- 
sary for  the  keeping  of  a  full  and  correct  record  of  all 
receipts  issued  and  canceled  and  of  grain  received  and 
delivered.  (R.  S.  1899,  §  7645,  amended,  Laws  1907, 
p.   285.) 

Not  responsible  for  losses  by  fire,  etc. — To  give  notice 
of  grain  damaged.  §  6796.  The  owner  of  public  ware- 
houses or  public  elevators  under  this  article  shall  not 
be  held  responsible  for  any  loss  or  damage  to 
property  by  fire  while  in  their  custody:  Provided,  rea- 
sonable care  and  vigilance  be  exercised  to  protect  and 
preserve  the  same;  nor  shall  they  be  held  liable  for  dam- 
age to  grain  by  heating,  if  it  can  be  shown  that  proper 
care  has  been  exercised  in  handling  and  storing  the 
same,  and  that  such  damage  was  the  result  of  cause  be- 
yond their  control;  but  unless  such  public  notice  be 
given  that  some  portion  of  th6  grain  in  such  warehouse 
or  elevator  is  out  of  condition  or  becoming  so,  grain  nf 
equal  quality  to  that  received  shall  be  delivered  on  all 
receipts  presented.  In  case,  however,  any  warehouseman 
or  elevator  man  shall  discover  that  any  portion  of  the 
grain  in  his  warehouse  or  elevator  is  out  of  condition 
or  becoming  so,  and  it  is  not  in  his  power  to  preserve 
the  same,  he  shall  immediately  give  public  notice  by 
advertisement  in  a  daily  newspaper,  if  one  is  published 
in  the  city  or  town  in  which  such  warehouse  or  elevator 
is  situated,  and  by  posting  a  notice  in  the  most  public 
place  for  such  a  purpose  in  such  city  or  town  of  lis 
actual  condition,  as  near  as  it  can  be  ascertained.  Such 
notice  shall  state  the  kind  and  grade  of  the  grain  and 
give  the  number  of  the  bins  in  which  it  is  stored,  and 
shall  also  state  in  such  notice  the  receipts  outstanding 
upon  which  such  grain  will  be  delivered,  giving  the  num- 
bers and  amounts,  and  dates  of  each,  which  receipt* 
shall  be  those  of  the  oldest  dates  then  in  circulation 
or  uncanceled,  the  grain  represented  by  which  has  not 
previously  been  declared  or  receipted  for  as  out  of 
condition;  the  enumeration  of  receipts  and  identification 
of  grain  so  discredited  shall  embrace,  as  near  as  may 
be,  as  great  a  quantity  of  grain  as  is  contained  in  such 
bins,  and  such  grain  shall  be  delivered  upon  the  return 
and  cancellation  of  the  receipts  so  declared  to  repre- 
sent it,  upon  the  request  of  the  owner  thereof.  Nothing 
herein  contained  shall  be  held  to  relieve  the  said  ware- 
houseman or  elevatornian  from  exercising  proper  care 
and  vigilance  in  preserving  such  grain  after  such  publi- 
cation of  its  condition;  but  such  grain  shall  be  kept 
separate  and  apart  from  all  direct  contact  with  other 
grain,  and  shall  not  be  mixed  with  other  grain  while 
in  store  in  such  warehouse  or  elevator.  In  case  the  grain 
is  declared  out  of  condition,  as  herein  provided  for, 
and  the  same  is  not  removed  from  store  by  the  owner 
thereof  within  two  months  from  the  date  of  the  notice 
of  its  being  out  of  condition,  it  shall  be  lawful  for  the 
warehouseman  or  elevatorman  where  the  grain  is  stored 
to  sell  the  same  at  public  auction,  for  account  of  said 
owner,  by  giving  10  days'  public  notice  by  advertisement 
in  a  daily  newspaper  if  there  be  one  published  in  the 
city  or  town  where  such  warehouse  or  elevator  is  located. 
All  costs  incurred  in  the  sale  ot  said  grain,  storage 
charges,  etc.,  to  be  paid  from  the  money  derived  from 
the  sale  of  said  grain,  the  balance,  if  any,  to  be  paid 
to  the  owner.  (R.  S.  1899,  §  7646,  amended,  Laws  1907, 
p.   285.) 

Negligence,  how  punished.  §  6797.  Any  warehouseman 
or  elevatorman  proved  guilty  of  any  act  of  negligence 
the  effect  of  which  is  to  depreciate  the  condition  of 
property  stored,  transferred  or  handled  in  the  warehouse 
or  elevator  under  his  control,  shall  be  held  responsible 
upon  the  bond  given  for  such  warehouse  or  elevator, 
and  in  addition  thereto,  the  license  given  for  such 
warehouse  or  elevator  shall  be   revoked  by  a  proceeding 


as    hereinbefore    stated.      (R.    S.    1899,    §  7647,    amended. 
Laws   1907,   p.   285.) 

To  furnish  statement  to  commissioners.  §  6798.  It  shall 
be  the  duty  of  every  owner,  lessee  and  manager  of  every 
public  warehouse  or  elevator  in  this  State  to  furnish 
in  writing,  under  oath,  at  such  times  as  such  railroad 
and  warehouse  commissioners  shall  require  and  prescribe, 
a  statement  concerning  the  condition  and  management 
of  his  business  as  such  warehouseman  or  elevatorman. 
(R.   S.   1899,  §  7648,  amended.  Laws  1907,  p.  285.) 

To  post  this  article  in  warehouses  and  elevators.  §  6799. 
AD  proprietors  or  managers  of  public  warehouses  or  public 
elevators  in  this  State  shall  keep  posted  up  at  all  times 
in  a  conspicuous  place  in  their  offices,  and  in  each 
of  their  warehouses  or  elevators,  a  printed  copy  of 
this  article.  (R.  S.  1899,  §  7649,  amended.  Laws  1907. 
p.  285.) 

Inspectors  and  owners  to  examine  grain — Scales,  how 
regulated.  §  6800.  All  persons  owning  property,  or  who 
may  be  Interested  in  the  same,  stored  or  handled  in 
any  public  warehouse  or  public  elevator  created  by  this 
article,  and  all  duly  authorized  State  inspectors  of  such 
property,  shall  at  all  times  during  ordinary  business 
hours  be  at  full  liberty  to  examine  any  and  all  property 
in  any  public  warehouse  or  elevator  in  this  State,  and  all 
proper  facilities  shall  be  extended  to  such  persons  by 
the  warehouseman  or  elevatorman,  his  agents  and  serv- 
ants, for  an  examination;  and  all  parts  of  public  ware- 
houses or  public  elevators  shall  be  free  for  the  inspection 
and  examination  of  any  person  interested  in  property 
therein,  or  by  any  authorized  State  inspection  of  such 
property.  All  scales  used  for  the  weighing  of  property 
in  public  warehouses  or  public  elevators  shall  be  subject 
to  examination  and  test  by  any  duly  authorized  State 
scale  inspector,  and  no  scale  shall  be  used  for  the 
weighing  of  grain  after  being  found  incorrect  until  put 
in  order  and  found  accurate  and  approved  for  further 
use  by  an  authorized  State  scale  inspector.  (R.  S.  1899, 
§  7650,  amended.  Laws  1907,  p.  285.) 

Violations  of  preceding  sections— Penalty.  §  6801.  A 
violation  of  any  of  the  preceding  provisions  of  this 
article,  except  in  cases  covered  by  §  §  6778,  6792  and 
6797,  by  any  warehouseman  or  elevatorman,  owner, 
lessee,  manager  or  employe  of  public  warehouses  or 
elevators  created  by  this  article  is  declared  a  misde- 
meanor, and  upon  conviction  thereof  the  violator  shall 
be  fined  not  less  than  $1,000  nor  more  than  $5,000,  one- 
fourth  of  such  fine  to  be  awarded  and  paid  to  the  in-  . 
former  of  such  misdemeanor.  (R.  S.  1899,  §  7651,  amended. 
Laws  1907,  p.  285.) 

Duty  of  prosecuting  attorney.  §  6802.  In  all  criminal 
prosecutions  against  a  public  warehouseman  or  public 
elevatorman  for  the  violation  of  any  of  the  provisions 
of  this  article,  it  shall  be  the  duty  of  the  prosecuting 
attorney  of  the  county  in  which  such  prosecution  is 
brought,  or,  if  in  the  city  of  St.  Louis,  the  duty  of  the 
prosecuting  attorney  of  said  city,  to  prosecute  the  same 
to  a  final  issue  in  the  name  of  and  on  behalf  of  the 
people  of  the  State  of  Missouri.  (R.  S.  1899,  §  7652, 
amended,   Laws    1907,  p.  285.) 

Injured  persons  may  sue  on  bond.  |  6803.  If  any  ware- 
houseman or  elevatorman  shall  be  guilty  of  a  violation 
of  any  of  the  provisions  of  this  article,  to  the  injury 
of  any  person  by  such  violation,  it  shall  be  lawful  lor 
such  injured  person  to  bring  suit  in  any  court  of  com- 
petent jurisdiction  upon  the  bond  of  such  warehouseman 
or  elevatorman  in  the  name  of  the  people  of  the  State 
of  Missouri,  to  the  use  of  such  person.  (R.  S.  1899, 
5  7653,   amended,   Laws   1907,   p.   285.) 

Chief  inspector  to  have  general  supervision.  §  6804.  It 
shall  be  the  duty  of  the  chief  inspector  provided  for 
by  this  article  to  have  a  general  supervision  of  the 
inspection  of  grain  as  required  by  this  article  or  laws 
of  this  State,  under  the  advice  and  immediate  direction 
ot  the  board  of  railroad  and  warehouse  commissioners. 
(R.    S.   1899,    §7654.) 

Commissioners  to  appoint  deputy  and  assistants.  §  6805. 
The  board  of  railroad  and  warehouse  commissioners  shall 
appoint  such  suitable  persons  in  sufficient  numbers  as 
they  may  deem  qualified  for  deputy  chief  inspector, 
to  be  acting  chief  inspector  in  the  absence  of  the  chief 


798 


National  Association  of  Railway  Commissioners 


Inspector,  and  assistant  inspectors,  wlio  shall  not  be 
Interested  in  any  warehouse,  and  also  such  other  em- 
ployes as  may  be  necessary  to  properly  conduct  the 
business  of  the  grain  inspection  and  weighing  depart- 
ments. (R.  S.  1899,  §  7655,  amended.  Laws  1907,  p. 
285.) 

Chie}  inspector  to  take  oath  and  give  iond.  §  6806.  The 
chief  inspector  shall,  upon  entering  upon  the  duties  of 
his  offlce,  be  required  to  take  an  oath  that  he  will 
faithfully  and  strictly  discharge  the  duties  of  his 
said  offlce  of  inspector  according  to  law  and  the  rules 
and  regulations  prescribed  by  the  railroad  and  warehouse 
commissioners.  He  shall  execute  a  bond  to  the  people 
of  the  State  of  Missouri  in  the  penal  sum  of  $50,000, 
with  sureties  to  be  approved  by  the  board  of  railroad 
and  warehouse  commissioners,  conditioned  that  he  will 
pay  all  damages  to  any  person  or  persons  who  may  be 
injured  by  reason  of  his  neglect,  refusal  or  failure  to 
comply  with  the  laws  and  the  rules  and  regulations 
adopted  by  the  railroad  and  warehouse  commissioners. 
(R.   S.   1899,   §7656,   amended,  Laws  1907,   p.  285.) 

Deputy  and  assistant  inspectors,  how  qualified.  §  6807. 
The  deputy  chief  inspector  and  all  assistant  inspector.? 
appointed  under  this  article  shall  be  under  the  super- 
vision of  the  chief  inspector,  to  whom  they  shall  report 
in  detail  all  service  performed  by  them  at  the  close  of 
each  working  day.  The  deputy  chief  inspector  and  each 
assistant  inspector  shall  take  the  same  oath  as  the 
chief  inspector,  and  execute  a  bond  in  the  pen^l  sum  of 
$10,000,  with  like  conditions  and  to  be  approved  in  like 
manner  as  provided  for  the  bond  of  the  chief  inspector, 
which  bonds  shall  be  filed  in  the  offlce  of  the  said  com- 
missioners. Suit  may  be  brought  upon  bonds  of  either 
the  chief  inspector,  deputy  chief  inspector  or  assistant 
inspectors,  in  any  court  having  jurisdiction  thereof, 
in  the  county  or  city  where  the  defendant  resides,  for  the 
use  of  any  person  injured  by  any  act  of  said  chief  In- 
spector, the  deputy  chief  inspector  or  assistant  inspect- 
ors.     (R.   S..  1899,   §  7657.) 

To  be  governed  by  rules  of  commissioners.  §  6808.  The 
chief  inspector  of  grain,  the  deputy  chief  inspector,  as- 
sistant inspectors  and  other  employes  In  connection 
therewith,  shall  be  governed  in  their  respective  duties 
by  such  rules  and  regulations  as  may  be  prescribed 
by  the  board  of  railroad  and  warehouse  commissioners, 
and  the  said  commissioners  shall  have  full  power  to 
make  all  proper  rules  and  regulations  for  the  inspection 
of  grain,  not  inconsistent  with  this  article,  to  include 
the  fixing  of  charges  for  the  inspection  of  grain  and 
other  duties  of  said  chief  inspector,  deputy  chief  in- 
spector and  assistant  inspectors,  and  to  make  rules  for 
the  collection  of  the  same,  which  charges  shall  be 
regulated  in  such  manner  as  will,  in  the  judgment  of 
the  commissioners,  produce  sufficient  revenue  to  meet 
the  necessary  expenses  of  the  service  of  inspection, 
and  no  more.     (R.  S.   1899,  §  7658.) 

Board  to  fix  compensation.  §  6809.  It  shall  be  the  duty 
of  said  board  of  commissioners  to  fix  the  amount  of  com- 
pensation to  be  paid  to  the  chief  inspector,  deputy  chief 
inspector  and  assistant  inspectors,  and  all  other  persons 
employed  in  the  service  of  inspection,  and  prescribe 
the  time   and   manner  of  payment.      (R.   S.   1899,   §  7659.) 

Malfeasance  of  inspectors — Penalty.  §  6810.  Any  duly 
authorized  chief  inspector,  deputy  chief  inspector  or 
assistant  inspector  of  grain  under  this  article  who  shall 
be  guilty  of  neglect  of  duty,  or  who  shall  knowingly 
or  carelessly  inspect  or  grade  any  grain  improperly, 
or  who  shall  accept  any  money  or  other  valuable  consid- 
eration, directly  or  indirectly,  for  any  neglect  of  duty 
as  such  chief  inspector,  deputy  chief  inspector  or  assist- 
ant inspector,  or  any  person  who  shall  improperly 
influence  any  chief  inspector,  deputy  chief  inspector 
or  assistant  inspector  of  grain  under  this  article  in  the 
performance  of  his  duties  as  such  inspector,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction 
■hall  be  fined  in  a  sum  not  less  than  $500  nor  more  than 
$1,000,  Or  shall  be  imprisoned  in  the  county  jail,  or 
if  In  the  city  of  St.  Louis,  the  jail  of  said  city,  not  less 
than  six  nor  more  than  12  months,  or  both  such  fine  and 
Imprisonment,  In  the  discretion  of  the  court.  (R.  S. 
1899,   5  7660.) 

Impostors   punithed,    how.     {6811.    The    inspection    or 


grading  of  grain  in  this  State,  whether  into  or  out  o? 
warehouses,  elevators,  or  in  cars,  barges,  wagons  or 
sacks  arriving  at  or  shipped  from  points  where  State 
grain  inspection  is  established,  must  be  performed  by 
such  persons  as  may  be  duly  appointed  by  the  railroad 
and  warehouse  commissioners,  sworn  and  have  given 
bond  under  Ihis  article,  and  any  person  or  persons  wiio 
shall  assume  to  act  as  an  Inspector  of  grain  who  has 
not  been  duly  appointed  by  the  railroad  and  warehouse 
commissioners,  sworn  and  given  bond  under  this  article, 
shall  be  held  to  be  an  impostor,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  $100  nor  more  than  $500,  or 
imprisonment  in  the  county  jail,  and  if  in  the  city  of 
St.  Louis,  the  city  jail  of  said  city,  for  not  less  than 
three  months  nor  more  than  six  months,  or  both  such 
fine  and  imprisonment,  at  the  discretion  of  the  court, 
for  every  such  offense  so  committed.  (R.  S.  1899,  §  7661, 
amended.  Laws  1907,  p.  285.) 

Complaint  against  inspector,  how  made.  |  6812.  Upon 
complaint  in  writing  of  any  person  to  the  said  commis- 
sioners, supported  by  satisfactory  proof,  that  any  person 
appointed  or  employed  by  said  commissioners  under  the 
provisions  of  this  article  has  violated  any  of  the  rul;s 
prescribed  for  his  government,  or  has  been  guilty  of 
any  improper  offlcial  act,  or  has  been  found  incompete:it 
for  the  duties  of  his  position,  such  person  shall  be  re- 
moved from  his  employpient  by  the  same  authori  y 
that  appointed  him,  and  his  place  shall  be  filled,  it 
necessary,  by  a  new  appointment.  AVhen  it  shall  1  e 
deemed  necessary  to  reduce  the  number  of  persoi  s 
appointed  or  employed,  their  terms  of  service  shall 
cease  under  the  orders  of  the  same  authority  by  whit  h 
they   were   appointed   or   employed.      (R.   S.   1899,   §  7662  ) 

Appeals  to  board  of  arbitration.    §  6813.    In  all  matte:  s 
involving   doubt   on   the   part  of   the   chief  inspector,   tl  e 
deputy   chief  inspector  or   any   assistant  inspector,   as  i  o 
the    proper   inspection   into   or   out  of   any   warehouse  1 1 
elevator   created   by   this   article,   or   in   case   any   ownfll 
consignee    or    shipper    of    grain,    or    any    warehouse    <  I 
elevator   manager,   shall   be  dissatisfied  with  the  decisloal 
of  the  chief  inspector,  the  deputy  chief  inspector  or  anyl 
assistant   inspector,   in   matters   pertaining   to    inspectiai,! 
an    appeal    may    be    made    to    the    committee    hereinaftl  fj 
provided   for,   who  shall  at  once  convene,  and   whose  d  ^ 
cislon,  after  a  careful  inquiry  into  the  questions  at  issu 
Shan  be  final.     (R.   S.   1899,   §  7663,  amended,  Laws  19( 
p.   285.) 

Board  of  arbitration.  §  6814.  The  board  of  railroad 
warehouse  commissioners  shall,  as  soon  after  the  passa| 
of  this  article  as  is  practicable,  appoint  a  committee  fi  j 
the  adjustment  of  differences  between  inspectors  aij 
warehousemen  or  elevatormen,  or  owners  or  represent  J 
fives  of  owners  of  grain,  arising  from  the  acts  of  ^J 
spectors — each  committee  to  consist  of  three  persoiJ 
well  known  as  experts  in  grain;  and  a  committee  sha  I 
be  appointed  in  each  city  or  town  where  public  wal|l 
houses  or  public  elevators  under  this  article  are  j|i| 
cated,  said  committee  to  be  known  as  the  arbitratidJ 
committees  of  the  board  of  railroad  and  warehotHJ 
commissioners.  (R.  S.  1899,  §  7664,  amended,  Laws  19ql 
p.   285.) 

Commissioners  to  make  rules  for  arbitrators.  §  68! 
The  commissioners  shall  make  equitable  and  legal  ruli 
governing  said  committees'  procedure,  in  the  arbitratlo; 
the  manner  and  amount  of  compensation,  the  meth( 
of  appointment  and  terms  of  service.  (R.  S.  181 
§  7665.) 

Commissioners  to  establish  grades  of  grain.  §  6816. 
commissioners  shall  establish  a  proper  number 
standard  of  grades  for  the  inspection  of  grain,  with 
regard  to  the  prevailing  usage  of  the  markets  of  tU 
State,  and  the  interests  of  both  producers  and  deale^ 
and  as  near  as  may  be  to  conform  with  standards 
grade  adopted  by  leading  markets  of  the  United  State 
Provided,  no  modifications  or  changes  of  grade  sbi  _ 
be  made,  or  any  new  ones  established,  without  public 
notice  being  given  of  such  changes  at  least  30  days  pricr 
to  the  date  that  such  change  shall  take  effect,  by  ofli- 
cially  notifying  the  secretaries  of  all  boards  of  trade 
In  this  State,  and  such  secretaries  are  required  to  post 
the   notification   of   such   change   or  changes  on   the  floor 


Public  Service  Laws 


799 


of  the  exchange;  and  provided  further,  that  no  mixture 
of  old  or  new  grades,  even  though  designated  by  the 
same  name  or  .distinction,  shall  be  permitted  while  in 
store,  except  as  in  this  article  provided.  (R.  S.  1899, 
§  7666,   amended,    Laws   1907,   p.    285.) 

Commissioners  to  report  to  governor.  §  6817.  The  board 
of  railroad  and  warehouse  commissioners  shall,  on  or 
before  the  first  day  of  January  of  each  year,  make  a 
report  to  the  governor  of  their  doings  for  the  preceding 
year,  to  contain  such  facts  as  will  disclose  the  actual 
working  of  the  system  of  the  warehouse  business  of  this 
State  as  contemplated  by  this  article,  and  such  sugges- 
tions thereto  as  to  them  may  appear  pertinent.  (R.  S. 
1899,    §  7667.) 

Commissioners  to  examine  and  visit  warehouses.  §  6818. 
Said  commissioners  shall  examine  into  the  condition 
and  management  and  all  matters  concerning  the  business 
of  warehouses  and  elevators  under  this  article  in  this 
State,  so  far  as  the  sani«  may  pertain  to  the  relations  of 
such  w^arehouses  or  levators  to  the  public,  and  to  the  se- 
curity and  convenience  of  persons  doing  business  there- 
with, and  to  ascertain  whether  the  officers,  directors,  man- 
agers, lessees,  agents  and  employes  comply  with  the  laws 
of  this  State  now  in  force,  or  to  be  in  force  concerning 
such  warehouses  or  elevators.  Whenever  it  shall  come 
to  their  knowledge  or  they  shall  have  reason  to  believe 
that  any  law  governing  the  public  warehouses  or  ele- 
vators of  this  State  under  this  article  is  being  or  has 
been  violated,  they  shall  cause  to  be  prosecuted  or  pros- 
ecute all  persons  guilty  of  such  violation.  To  enable 
said  commissioners  efficiently  to  perform  their  duties 
under  this  article,  it  is  hereby  made  their  duty  to  cause 
one  or  more  of  their  number,  at  least  once  in  six  months, 
to  visit  each  warehouse  or  elevator  in  this  State,  and 
to  personally  inquire  Into  the  management  of  such  ware- 
house or  elevator  business.  (R.  S.  1899,  §  7668,  amended, 
Laws   1907,   ]).   285.) 

Books,  etc.,  subject  to  examination.  §  6819.  The  prop- 
erty, books,  records,  accounts,  papers  and  proceedings 
of  all  such  warehousemen  or  elevatormen  as  are  con- 
templated by  this  article  shall  at  all  times  during 
business  hours  be  subject  to  the  examination  and  in- 
spection of  the  commissioners,  or  any  one  of  them, 
and  they  or  any  one  of  them  shall  have  power  to  ex- 
amine, under  oath,  any  owner,  manager,  lessee,  agent 
or  employe  of  a  public  warehouse,  and  any  other  per- 
son, concerning  the  condition  and  management  of  such 
warehouse  or  elevator.  (R.  S.  1899,  §  7669,  amended, 
Laws   1907,   p.   285.) 

Commissioners  may  suhpoena  witnesses.  §  6820.  In 
making  any  examination  as  contemplated  by  this  arti- 
cle, or  for  the  purpose  of  obtaining  information  as  con- 
templated by  this  article,  said  commissioners  shall  have 
the  power  to  issue  subpoenas  for  the  attendance  of 
witnesses,  and  may  administer  oaths.  In  case  any.  per- 
son shall  wilfully  refuse  to  obey  such  subpoena,  it  shall 
be  the  duty  of  the  Circuit  Court  of  any  county,  if  in 
St.  Louis  the  Circuit  Court  of  said  city,  upon  application 
of  said  commissioners,  to  issue  an  attachment  for  such 
witness  and  compel  such  witness  to  attend  before  the 
commissioners  and  give  his  testimony  upon  such  mat- 
ters as  shall  be  lawfully  required  by  such  commissioners; 
and  the  said  court  shall  have  power  to  punish  for  con- 
tempt as  in  other  cases  of  refusal  to  obey  the  process 
and  order  of  such  court.     (R.  S.  1899,  §  7670.) 

Failure  to  obey  subpoena — Penalty.  §  6821.  Any  person 
■who  shall  wilfully  neglect  or  refuse  to  obey  the  process 
of  subpoena  issued  by  said  commissioners,  and  appear 
and  testify  as  therein  required,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  liable  to  arraignment  and  trial 
In  any  court  of  competent  jurisdiction,  and  on  convic- 
tion thereof  shall  be  punished  for  each  offense  by  a 
fine  of  not  less  than  $25  nor  more  than  $500,  or  by 
Imprisonment  of  not  more  than  30  days,  or  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court 
before  which  such  conviction  shall  l>e  had.  (R.  S.  1899. 
J  7671.) 

Duty  oj  attorney-general  and  prosecuting  attorneys. 
16822.  It  shall  be  the  duty  of  the  attorney-general  and 
the  State's  attorney  in  every  county,  if  in  cases  brought 
In  St.  Louis  the  State's  attorney  for  said  city,  or  on 
the     request     of    said     commissioners,     to     Institute     and 


prosecute  any  and  all  suits  or  proceedings  which  they  or 
either  of  them  shall  be  directed  by  said  commissioners 
to  institute  and  prosecute  for  a  violation  of  this  arti- 
cle, or  any  law  of  this  State  concerning  public  ware- 
houses or  public  elevators  as  constituted  by  this  article, 
or  the  officers,  employes,  owners,  operators  or  agents 
of  such  warehouses  or  elevators.  (R.  S.  1899,  §  7672, 
amended.  Laws  1907,  p.  285.) 

Prosecutions  to  be  in  name  of  the  State.  |  6823.  All 
prosecutions  under  this  article  shall  be  in  the  name  of 
the  people  of  the  State  of  Missouri,  and  all  moneys  aris- 
ing therefrom  shall  be  paid  into  the  State  treasury  by 
the  sheriff  or  other  officer  collecting  the  same:  Provided, 
this  article  shall  not  be  construed  so  as  to  prevent  any 
person  entitled  to  receive  a  percentage  of  fines  imposed 
and  collected,  as  a  reward  for  information  furnished  as 
hereinbefore  stated,  which  percentage  shall  be  paid  to 
such  person  by  the  officer  collecting  such  fine.  (R.  S. 
1899,   §  7673.) 

Not  to  deprive  persons  of  common  law  remedy.  §  6824. 
Nothing  in  this  article  shall  deprive  any  person  of  any 
common  law  remedy  now  existing.  (R.  S.  1899,  §  7674.) 
Not  to  affect  right  to  prosecute  for  damages.  §  6825. 
This  article  shall  not  be  construed  so  as  to  waive  or 
affect  the  right  of  any  person  injured  by  the  violation 
of  any  law  In  regard  to  warehouses  or  elevators  from 
prosecuting  for  his  private  damages  in  any  manner 
allowed  by  law.  (R.  S.  1899,  §  7675,  amended,  Laws 
1907,   p.  285.) 

Weighmasters  —  Duties  of,  etc.  §6286.  The  board  of 
railroad  and  warehouse  commissioners  shall  appoint 
suitable  persons  to  act  as  weighmasters  at  such  places 
in  this  State  where  State  grain  inspection  and  weigh- 
ing may  be  established  in  conformity  with  the  provisions 
of  this  article;  said  weighmasters  shall,  at  the  places 
aforesaid,  supervise  the  weighing  of  all  grain  which 
may  be  subject  to  inspection  and  weighing,  and  at  all 
warehouses  or  elevators  where  there  are  no  such  scales 
as  hopper  scales,  there  shall  be  provided  in  such  case 
by  such  warehouseman  or  elevatornran  or  railroad  com- 
pany, upon  the  order  of  the  board  of  railroad  and  ware- 
house commissioners,  track  or  other  proper  scales  upon 
which  the  gross,  tare  and  net  weight  of  each  car,  wagon 
or  other  package  shall  be  taken,  but  at  all  warehouses 
or  elevators  having  hopper  scales  the  net  weight  of  grain 
contained  in  each  car,  wagon  or  other  package  shall  be 
taken  on  such  scales  and  certificate  of  weight  of  such 
weighmasters  in  the  discharge  of  their  aforesaid  duties 
shall  be  prima  facie  the  basis  of  settlement  between  the 
buyer  and  seller.  And  such  State  weighmaster  shall 
have  the  entire  control  of  such  scales.  (R.  S.  1899, 
§  7676,  amended,  I^ws  1907,  p.  285.) 

Commissioners  to  fix  fees  for  weighing.  §  6827.  The 
board  of  railroad  and  warehouse  commissionere  of  the 
State  of  Missouri  shall  fix  the  fees  to  be  paid  for  the 
weighing  of  grain,  which  fees  shall  be  paid  by  the  ware- 
houseman or  elevatorman,  but  on  grain  not  going  into 
such  warehouse  or  elevator  the  fee  shall  be  paid  by  the 
consignee,  and  may  be  added  to  the  charges  for  storing, 
transferring,  handling,  mixing  or  commission,  and  the 
said  commissioners  shall  adopt  such  rules  and  regula- 
tions for  the  weighing  of  grain  as  they  shall  deem  proper. 
(R.  S.  1899,   §  7677,  amended.  Laws  1907,  p.  285.) 

Warehousemen  and  elevatormen  to  furnish  scales — To 
weigh  grain  in  store,  when.  §  6828.  It  shall  be  the  duty 
of  the  person  or  persons  doing  a  public  warehouse  or 
public  elevator  business  under  this  article  to  provide  and 
maintain  suitable  scales  upon  which  all  grain  tendered 
to  him  or  them  for  storage,  transferring,  handling  or 
mixing  shall  be  weighed  under  the  supervision  of  a 
state  weighmaster,  as  provided  for  in  this  article.  Said 
scales  shall  be  located  at  the  most  convenient  point 
upon  the  track  of  some  railroad  running  into  or  adjoin- 
ing such  warehouse  or  elevator.  It  shall  further  be  the 
duty  of  the  person  or  persons  doing  a  public  warehouse 
or  public  elevator  business  under  this  article,  at  some 
convenient  time,  at  least  once  a  year,  or  when  the  rail- 
road and  warehouse  commissioners  order  It,  after  giving 
15  days'  notice,  and  under  supervision  of  an  author- 
ized State  weighmaster  and  inspector  of  the  State  grain 
inspection  department,  to  weigh  and  inspect  all  grain 
at  such  time   or  times,  then   in   such   warehouse  or  ele- 


800 


National  Association-  of  Kailway  Commissioners 


vator,  and  to  report  to  the  warehouse  registrar  the  result 
of  such  weighing  and  the  actual  amount  of  each  kind 
and  grade  in  such  warehouse  or  elevator.  During  such 
time  as  such  weighing  is  going  on,  the  receiving  and 
shipping  of  grain  into  and  from  such  warehouse  or  ele- 
vator shall  be  discontinued  until  such  general  weighing 
has  been  completed.  (R.  S.  1899,  §  7678,  amended,  I.aw8 
1907,  p.  285.) 

Railroads  to  furnish  scales  to  weigh  grain  handled 
i  6829.  At  all  terminal  or  other  points  within  this  State 
wherever  State  grain  inspection  may  be  established,  It  shall 
be  the  duty  of  all  railroads  to  provide,  on  the  order  of 
the  board  of  railroad  and  warehouse  commissioners, 
suitable  wagon  scales  in  their  unloading  yards,  upon 
which  all  grain  handled  by  them,  subject  to  inspection 
and  weighing,  may  be  weighed,  as  required  by  this  article. 
Said  scales  shall  be  located  at  places  to  be  designated  by 
the  board  of  railroad  and  warehouse  commissioners  of 
this  State,  and  it  shall  be  the  duty  of  said  commissioners 
to  see  that  the  provisions  of  this  article  are  strictly  en- 
forced. (R,  S.  1899,  §  7679,  amended.  Laws  1907,  p. 
285.) 

Weight  certificates  not  to  be  issued  except  by  bonded 
State  weigher — Penalties.  §  6830.  It  shall  be  unlawful  for 
any  person,  corporation  or  association  other  than  a  duly 
authorized  and  bonded  State  weigher  to  issue  any  weight 
certificate,  or  to  issue  or  sign  any  paper  or  ticket  pur- 
porting to  be  the  weight  of  any  car,  wagon,  sack  or  other 
package  of  grain  weighed  at  any  warehouse  or  elevator 
in  this  State  where  duly  appointed  and  qualified  state 
weighers  are  stationed  and  in  control  of  the  scales 
under  the  provisions  of  this  article,  or  to  make  any 
charge  for  such  weighing,  or  purported  weighing,  or 
weight  certificates,  or  tickets,  or  purported  weight  cer- 
tificates or  tickets.  And  any  person,  corporation  or 
officer,  agent  or  servant  of  such  corporation  who  shall 
do  any  of  the  acts  declared  by  this  section  to  be  unlaw- 
ful, shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  of  not  less  than  $500  nor 
more  than  $1,000,  or  shall  be  imprisoned  in  the  county 
jail,  or  if  in  the  city  of  St.  Louis  in  the  jail  of  said  city, 
not  less  than  six  months  nor  more  than  12  months,  or 
by  both  such  fine  and  imprisonment.  And  any  weigli- 
master  who  shall  knowingly  falsely  weigh  any  grain. 
Or  shall  knowingly  give  any  false  or  untnie  certificates 
as  to  the  weight  of  grain,  or  who  shall  knowingly  vio- 
late any  of  the  provisions  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  $500  nor  more  than  $1,000, 
or  shall  be  imprisoned  in  the  county  jail,  or  if  in  the 
city  of  St.  Louis  in  the  Jail  of  said  city,  not  less  than 
six  months  nor  more  than  12  months,  or  by  both  such 
fine  and  imprisonment.  (R.  S.  1899,  §  7681,  amended. 
Laws   1907,   p.   285.) 

Weighmasters  to  give  bond — Compensation.  §  6831. 
The  weighmasters  provided  for  in  this  article  shall  each 
give  bond  in  the  sum  of  $5,000,  conditioned  for  the  faith- 
ful discharge  of  their  duties,  and  shall  receive  such  com- 
pensation as  the  board  of  railroad  and  warehouse  com- 
missioners shall  determine:  (R.  S.  1899,  §  7680,  re-en- 
acted. Laws  1907,  p.  285.) 

Board  to  inspect  weighing  of  hay.  §  6832.  The  board 
of  railroad  and  warehouse  commissioners  is  required  to 
•upervise  the  inspection  and  the  weighing  of  all  hay  at 
points  within  this  State,  for  storage  or  sale,  where  State 
grain  inspection  or  State  hay  inspection  has  been  estab- 
lished or  may  hereafter  be  established  by  said  com- 
missioners.    (Laws  1905,  p.   171.) 

Board  to  prescribe  rules  and  regulations — Penalty. 
I  8833.  The  board  of  railroad  and  warehouse  commission- 
ers is  hereby  empowered  to  prescribe  such  rules  and 
regulations  for  the  enforcement  of  the  provisions  of  the 
preceding  section  which  will  as  nearly  as  possible  con- 
form to  the  requirements  of  law  now  in  force  regarding 
the  State  inspection  and  weighing  of  grain,  requiring 
euch  a  bond  of  inspectors  and  weighers  of  hay  for  a 
faithful  performance  of  duty  as  in  the  judgment  of  said 
commissioners  is  sufficient,  and  prescribing  such  fees  for 
Inspection  and  weighing  of  hay  which  shall  be  reason- 
able. The  penalties  now  provided  by  this  article  for  a 
failure  to  comply  with  the  laws  regarding  State  grain 
Inspection  shall  also  apply  to  hay  inspection  as  by  the 
preceding  section   required.      (Laws   1905,  p.   171.) 


I 


ARTICLE  IV. 

EXPBESS   COMPAMES. 

Express  companies  declared  common  carriers.  §  3286 
Amended,  1911.     See  below,  following  §  3287. 

To  file  schedules  of  rates  of  charges  with  railroad  and 
warehouse  commissioners.  §  3287.  Within  60  days  after 
this  article  shall  become  a  law,  all  express  companies 
or  corporations  doing  an  express-carrying  business  over 
any  of  the  railroads  now  operated,  and  which  may  here- 
after be  operated  in  the  State  of  Missouri,  shall  be  and 
are  hereby  required  to  file  with  the  State  board  of  rail- 
road and  warehouse  commissioners  a  complete  and  spe- 
cific schedule  of  their  classifications  of  all  matter  and 
merchandise  received  by  them  for  carriage  and  trans- 
portation, together  with  a  detailed  statement  of  their 
rates  of  charges  in  each  of  the  classes  into  which  their 
freight  and  express  matter,  as  above,  is  divided;  and  it 
there  be  any  rules  or  regulations  which  change,  deter- 
mine or  affect  any  part  of  the  aggregate  of  such  rates 
and  charges,  such  rules  and  regulations  shall  accompany 
such  schedule;  and  if  any  two  or  more  of  such  express 
companies  doing  business  in  this  State  as  aforesaid, 
have  joint  rules  and  regulations  and  charges  for  the  ox- 
change  of  articles  of  express  or  other  matter  so  carried 
by  them,  the  said  rules  and  regulations  and  schedule  of 
charges  shall  also  be  filed  with  the  said  board  of  rsil- 
road  and  warehouse  commissioners  within  the  time  spe 
fled  above.     (R.  S.  1899,  §  1517.) 

Be  it  enacted   by   the  general  assembly  of  the  State 
Missouri,  as  follows: 

Repealing  §§  3286  and  3288  and  enacting  nine  new  «< 
tions  in  lieu  thereof.  §  1.  That  §§  3286  and  3288,  Revisid 
Statutes  of  Missouri,  1909,  be  and  the  same  are  here  )y 
repealed  and  nine  new  sections  enacted  in  lieu  there'  if. 
and  to  be  numbered  §§3286,  3288,  3288a.  3288b,  3281c, 
3288d,  3288e,  3288f  and  3288g,    and  to    read    as    follows: 

Express  companies  declared  common  carriers.  |  321 6. 
Every  person,  firm,  joint  stock  company  or  corporatic  u, 
which  shall  do  the  business  of  an  express  company  up>n 
railroads  or  otherwise,  in  this  State,  are  declared  to  le 
common  carriers,  and  it  shall  be  the  duty  of  every  su  h 
express  company  or  common  carrier  to  transport  i  11 
property,  parcels,  money,  merchandise,  packages  ai  cl 
other  things  of  value,  which  may  be  offered  to  them  | 
transportation,  at  a  reasonable  charge  or  rate  theref<| 
and  all  laws,  rules  and  regulations,  so  far  as  applicab 
now  In  force  or  hereafter  enacted  or  promulgated,  reguli  t- 
Ing  the  transportation  of  property  by  railroad  compani*  •, 
shall  apply  with  equal  force  and  effect  to  express  co:  i- 
panles. 

Board  of  railroad  and  warehouse  commissioners  to  ret  '^■ 
late  classifications  and  charges.  §  3288.  The  railroad  ai  d 
warehouse  commissioners  of  this  State  shall  have  g*  a- 
eral  supervision  of  all  express  companies,  operating  aid 
doing  business  in  this  State;  and  shall  inquire  ino 
any  unjust  discrimination,  neglect  or  violation  of  t^e 
laws  of  this  State  governing  common  carriers,  by  any 
express  company  doing  business  therein,  or  by  tie 
officers,  agents  or  employes  thereof;  and  they  shi.ll 
have  power  and  it  shall  be  their  duty  to  fix  and  establish, 
reasonable,  fair  and  just  rates  of  charges,  including  a 
schedule  of  maximum  joint  rates  for  each  kind  or  class 
of  property,  money,  parcels,  merchandise,  packages  and 
other  things  to  be  charged  for  and  received  by  ea^h 
express  company  or  carriers  by  express,  separately  )£ 
cojointly,  on  all  such  property,  money,  parcels, 
chandise,  packages  and  other  things,  which  by 
contract  of  carriers  are  ,to  be  transported  separate 
or  conjointly  by  such  express  companies,  or  carriers  )y 
express,  doing  business  over  the  line  of  any  railro;id 
or  other  carrier  between  points  wholly  within  the  State 
of  Missouri,  which  rates  of  charges  shall  be  made  to 
apply  to  all  such  express  companies  or  express  carrieis, 
and  may  be  changed  or  modified  by  said  commissioners 
from  time  to  time  in  such  manner  as  may  become  nec<i8- 
sftry. 

Duty  of  company  to  post  schedules  of  rates  in  each  offtct 
or  place  of  business.  §  3288a.  It  shall  be  the  duty  of  every 
such  company  or  common  carrier,  engaged  in  transport- 
ing property,  money,  parcels,  merchandise,  packages  and 
other  things,  to  print  in  clear  and  legible  type  the 
schedules   of  rates    for   transportation   of   such   property. 


eW 


ly    ir 
•atel^ 


Public  Service  Laws 


801 


money,  jjarcels,  merchandise,  packages  and  other  things, 
so  made  by  such  railroad  and  warehouse  commissioners, 
and  shall  post  in  each  of  its  offices  or  places  of  business 
where  patrons  visit  for  the  purpose  of  malting  and  re- 
ceiving shipments,  and  keep  displayed  in  each  office 
or  place  of  business  within  convenient  access,  and  for 
the  inspection  and  use  of  the  public  during  customary 
business  hours  such  printed  schedules  of  rates  of 
charges  and  any  amendments  thereto,  and  shall  also 
post  and  display  in  similar  manner  any  special  rules  and 
regulations,  which  may  be  promulgated  by  them  or 
said  railroad  and  warehouse  commissioners  for  the 
Information   of  their  patrons. 

Unlawful  Jor  any  express  company  to  charge  greater 
compensation  than  specified  in  schedules  made  by  railroad 
and  warehouse  commissioners — Penalty.  §  3288b.  It  shall 
be  unlawful  for  any  express  company  or  common  car- 
rier to  charge,  demand,  collect  or  receive  a  greater  com- 
pensation for  such  transportation  of  property,  or  for 
any  service  in  connection  therewith  between  the  points 
named  in  such  schedules  than  the  rates  an^  charges 
which  are  specified  In  the  schedules  made  by  said  rail- 
road and  warehouse  commissioners  and  in  effect  at  the 
time.  Any  such  express  company  or  common  carrier, 
any  officer,  representative  or  agent  of  any  express  com- 
pany or  carrier,  who  knowingly  violates  the  provisions 
of  this  Act,  shall  forfeit  to  the  State  of  Missouri  the 
gum  of  $500  for  each  offense,  to  be  recovered  as  by  law 
provided. 

Duty  of  express  company  to  accept  and  transport  goods 
in  order  presented — Penalty.  §  3288c.  Each  and  every  ex- 
press company  or  carrier  by  express,  as  herein  defined, 
doing  business  within  the  State  of  Missouri,  shall  at  all 
convenient  times  during  the  hours  of  business  accept 
and  receive  for  prompt  transportation  and  shipment, 
destined  to  points  on  their  own  line,  or  to  points  on  the 
lines  of  other  express  companies  operating  within  the 
State,  or  for  points  beyond  said  State,  all  property,  par- 
cels, money,  merchandise,  packages  and  other  things 
of  value,  which  may  be  offered  to  them  or  either  of 
them,  for  transportation  by  the  public,  and  any  express 
company  or  other  common  carrier,  refusing  to  trans- 
port goods  as  above  provided,  taking  the  same  in  the 
order  presented,  shall  be  liable  to  the  party  injured 
for  damages  sustained  by  reason  of  its  refusal,  and 
in  addition  thereto  shall  be  liable  to  a  penalty  of  not  less 
than  $50  nor  more  than  $500,  to  be  recovered  in  each 
case  by  the  owner  of  the  goods  in  any  court,  having 
jurisdiction  in  the  county  where  the  wrong  is  done, 
or  where  the  common  carrier  resides  or  has  an  agent, 
and  each  case  of  refusal  shall  be  construed  as  a  sepa- 
rate   offense    under    this    Act. 

Railroad  and  warehouse  commissioners  to  fix  boundaries 
of  free  delivery  zone,  when — Labels  to  be  pasted  on  pack- 
ages, etc.  §  3288d.  The  railroad  and  warehouse  commis- 
sioners of  the  State  of  Missouri  shall  have  the  power, 
and  it  shall  be  their  duty  upon  the  complaint  of  10  or 
more  citizens  of  any  incorporated  city  or  town  of  this 
State,  which  now  has  or  may  hereafter  have  a  population 
of  1,000  or  more  inhabitants  according  to  the  last  preced- 
ing United  States  census,  to  fix  and  define  and  establish 
in  any  such  city  or  town,  by  its  order,  the  boundaries  of 
a  free  delivery  zone  and  to  require  all  express  companies, 
doing  business  in  this  State,  to  deliver  such  express 
matter  transported  between  points  wholly  within  this 
State  to  all  consignees  to  whom  the  same  is  directed,  liv- 
ing within  the  limits  of  such  free  delivery  zone  as 
established  by  said  commission,  as  one  continuous  ship- 
ment and  without  an  additional  delivery  charge  being 
made  therefor  at  the  place  of  delivery;  to  prescribe 
a  uniform  contract  for  the  shipment  of  all  express  matter 
between  points  wholly  within  this  State,  and  to  re- 
quire the  use  of  the  same  by  all  express  companies  doing 
business  in  this  State;  to  require  all  express  companies, 
doing  business  in  this  State,  to  paste  conspicuously  on  each 
package  received  for  shipment  between  points  wholly 
within  this  State,  a  label  designed  and  reading,  "collect" 
or  "paid,"  with  "amount,"  "weight,"  "date;"  to  make, 
promulgate  and  enforce  all  other  necessary  rules  and 
regulations  for  the  shipment  of  any  express  matter  be- 
tween points  wholly  within  this  State. 

Penalty  for  violation  of  §  SZ88d.  §  3288e.  For  each 
violation  of  §  3288d,  a  penalty  of  $300  is  hereby  provided 


and  declared  for  every  neglect  or  refusal  to  make  such 
free  delivery  of  such  express  matter  within  a  reasonable 
time  after  the  receipt  of  such  express  matter  at  its 
place  of  destination,  to  be  recovered  with  costs  of  suit 
by  civil  action  by  such  consignee;  two-thirds  of  the 
amount  recovered  to  be  retained  by  the  plaintiff  and  one- 
third  to  be  paid  into  the  county  school  fund  of  the 
county  in  which  the  suit  is  to  be  instituted,  and  the 
burden  of  proof  shall  be  upon  such  express  company 
to  show  the  date  of  the  receipt  of  such  express  matter  at 
the  point  of  destination,  and  any  cause  for  the  unreason- 
able delay  in  delivering  the  same  to  the  consignee  as 
herein   provided. 

Express  companies  to  furnish  monthly  statements  to 
railroad  and  warehouse  commissioners — Penalty.  §  3288f. 
It  shall  be  the  duty  of  every  express  company  doing 
business  in  this  State,  to  cause  their  agents  and  em- 
ployes to  prepare  and  furnish  a  complete  verified  monthly 
■tatement  of  the  amount  of  business  done  by  each  of 
their  respective  offices,  both  state  and  interstate,  on 
blanks  furnished  by  tlie  railroad  and  warehouse  com- 
missioners, and  which  statements  shall  be  filed  in  the 
office  of  said  commissioners.  Any  such  express  company, 
their  agents  or  employes,  who  shall  fail  or  refuse  to 
furnish  such  statement,  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction,  shall  be  fined  not 
less  than  $100  nor  more  than  $1,000  for  each  refusal  or 
failure  to  furnish  such  statements;  such  fines  to  be  re- 
covered by  the  prosecuting  attorney  of  the  county  where 
such    office   is   located. 

Railroad  and  warehouse  commissioners  to  fix  charges  to 
be  paid  railroads  by  express  companies  for  transportation 
of  express  matter — Penalty.  §  3288g.  The  railroad  and 
warehouse  commissioners  of  this  State  shall  have  the 
power  and  it  is  hereby  made  their  duty  to  fix  and 
establish  the  charges  to  be  paid  any  railroad  or  other 
common  carrier,  doing  business  in  this  State,  by  any 
express  company  doing  business  in  this  State,  for  the 
transportation  of  any  express  matter  from  one  point  in 
this  State  to  another  point  in  this  State,  and  no  such 
contract  entered  into  by  and  between  any  such  rail- 
road and  express  company  shall  be  valid  or  binding 
until  first  approved  by  and  a  copy  thereof  filed  with 
said  commissioners.  Any  such  express  company,  railroad 
company  or  common  carrier,  or  their  agents  or  employes, 
violating  any  of  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  fined 
not  less  than  $100  nor  more  than  $1,000  for  each  offense; 
such  fine  to  be  recovered  by  the  prosecuting  attorney 
of  any  county,  where  this  section  is  violated. 

Approved  April   12,   1911. 

Discrimination  prohibited.  §  3289.  All  express  com- 
panies or  corporations  doing  business  as  aforesaid  are 
hereby  prohibited  from  discriminating  in  favor  of  any 
particular  shipper  in  any  manner  whatever,  directly  or  in- 
directly, by  any  special  rate,  rebate,  drawback  or  other 
device,  and  it  shall  be  unlawful  for  any  such  company 
or  corporation  to  give  any  undue  or  unreasonable  pref- 
erence or  advantage  to  any  particular  person,  company, 
firm,  corporation  or  locality,  or  any  particular  description 
of  traffic,  to  any  undue  or  unreasonable  prejudice  or 
disadvantage  with  respect  to  such  transportation;  and 
all  such  express  companies  or  corporations  shall  afford 
equal  facilities  for  the  interchange  of  traffic  between 
their  respective  lines,  and  shall  not  discriminate  in  their 
accommodations,  rates,  classifications  or  charges  between 
such  connecting  lines  and  places.     (R.  S.  1899,  §  1519.) 

Railroad  and  warehouse  commissioners  to  investigate 
charges.  $  3290.  Said  board  of  railroad  and  warehouse 
commissioners,  either  upon  their  own  motion  or  upon 
the  complaint  of  any  Individual,  firm,  company  or  corpo- 
ration, shall  have  full  power  to  investigate  all  charges 
of  any  violations  of  any  of  the  above  provisions,  and 
shall  have  power  to  send  for  persons  and  papers,  ad- 
minister oaths  and  examine  and  compel  the  attendance 
of  witnesses,  and  if.  In  their  judgment,  there  be  reason- 
able evidence  of  any  violation  of  any  of  the  provisions 
of  this  article,  said  board  of  railroad  and  warehouse 
commissioners  shall  transmit  such  evidence  to  the 
attorney-general  of  the  State.  (R.  S.  1899,  §  1520.) 

Duty  of  attorney-general.  §  3291.  The  attorney-general, 
on  the  receipt  of  such   evidence,   shall   immediately  pro- 


802 


National  Association  of  Eailway  Commissioners 


ceed  against  the  offending  company  or  corporation  In 
the  name  and  to  the  use  of  the  State,  in  any  court  hav- 
ing competent  jurisdiction;  and  if  on  the  trial  of  such 
cause  any  company  or  corporation  doing  business  as 
aforesaid  shall  be  found  guilty  of  violating  any  of  the 
provisions  of  §  §  3288  and  3289  of  this  article,  the  said 
company  or  corporation  shall  be  fined  in  a  sum  of  not 
less  than  $200  and  not  more  than  $1,000.  And  if  any  ex- 
press company  or  corporation  doing  business  as  afore- 
said shall  fail,  neglect  or  refuse  to  file  its  schedule  of 
classiflcations  and  rates  of  charges  as  required  by  §  3287 
of  this  article,  said  company  or  corporation  shall  forfeit 
to  the  State  the  sum  and  amount  of  $200  for  each  and 
every  day  it  shall  neglect,  fail  or  refuse  to  file  said 
BChedule — said  sum  to  be  recovered  by  civil  suit  in 
any  court  having  competent  jurisdiction,  said  suit  or 
suits  to  be  brought  by  the  attorney-general  of  the  State, 
in  the  name  of  the  State,  at  the  relation  and  to  the  use  of 
the  board  of  railroad  and  warehouse  commissioners.  (R. 
S.  1899,  §  1521.) 

Governor  may  appoint  additional  counsel.  §  3292.  The 
governor  may,  at  the  solicitation  of  the  attorney-general, 
appoint  additional  counsel,  when  he  may  deem  it  neces- 
sary for  the  vigorous  prosecution  of  said  suit  or  suits 
as  herein  provided  for,  and  any  sum  or  amount  so  re- 
covered in  any  suit  or  suits  shall  be  paid  into  the 
treasury  of  the  State  to  the  credit  of  the  general  rev- 
enue fund.     (R.  S.  1899,  §  1522.) 

Express  companies  to  furnish  certain  information  to 
railway  commissioners.  §  3293.  It  shall  be  the  duty  of 
the  railroad  commissioners  of  this  State,  within  30  days 
after  the  approval  of  this  section,  and  semi-annually 
thereafter,  to  make  a  written  demand  of  the  president 
or  other  chief  officer  of  each  and  every  express  com- 
pany, corporation  or  Individual  owning,  operating  or 
managing  any  express  company  doing  business  In  this 
State,  requiring  such  president  or  other  chief  officer 
or  individual  so  owning,  operating  or  managing  any 
such  express  company,  within  30  days  after  such  de- 
mand, to  make  out  under  oath,  or  cause  to  be  made  out 
under  oath,  and  deliver  to  said  commissioners,  a  full 
and  correct  list  of  all  the  names  of  the  officers  of 
such  express  company  or  corporation,  and  also  certi- 
fied copies  of  all  contracts  which  such  express  company, 
corporation  or  individual  may  have  entered  into  with 
any  other  express  company,  corporation  or  individual 
owning,  operating  or  managing  any  express  company  In 
this  State,  which  are  or  have  been  in  force  since  the 
last  statement  made  under  this  section,  and  also  certi- 
fied copies  of  all  contracts  which  such  express  company, 
corporation  or  individual  may  have  entered  into  with 
any  railroad  company,  steamboat  company  or  common 
carrier  of  any  kind  or  character  relative  to  the  carrying 
of  express  over  the  lines  of  such  company  or  carrier, 
which  are  then  or  have  been  in  force  since  the  last 
statement  made  under  this  section,  and  also  a  statement 
under  oath  that  the  certified  copies  so  delivered  are 
copies  of  all  such  contracts  which  are  then  In  force 
or  have  been  In  force  since  the  date  of  the  last  state- 
ment under  this  section.  All  copies  of  contract  that 
may  be  furnished  in  compliance  with  the  demand  so 
made  by  said  commissioners  and  any  and  all  information 
which  said  commissioners  may  obtain  relative  to  the 
violations  of  any  of  the  laws  of  this  State  by  any  such 
express  company,  corporation  or  individual,  shall  be 
immediately  delivered  and  imparted  to  the  attorney- 
general  of  this  State,  and  any  president  or  other  chief 
officer,  upon  whom  was  made  such  demand  as  is  herein- 
before specified,  who  shall  fail,  neglect  or  refuse  to 
comply  therewith,  shall,  for  so  failing,  neglecting  or  re- 
fusing to  comply  therewith,  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  be  fined  not 
less  than  $250  nor  more  than  $1,000,  and  each  day's 
failure,  neglect  or  refusal  to  comply  with  such  demand 
as  In  this  section  provided,  shall  be  deemed  a  separate 
offense  and  be  punishable  as  such  under  this  provision; 
and  for  furnishing  any  false  or  fraudulent  contract, 
or  for  making  a  false  affidavit  as  to  the  list  of  the  names 
of  the  officers,  or  for  making  a  false  affidavit  that  the 
certified  copies  of  contracts  delivered  as  herein  pro- 
vided are  copies  of  all  contracts  then  in  force,  or  which 
have  been  in  force  since  the  date  of  the  last  statement 
made  under  this   section,   any  person   so  offending  shall 


he    deemed    guilty    of    a    felony,    and    upon    conviction 

thereof,  shall  be  confined  in  the  penitentiary  not  less 
than   two   or  more   than  five   years.    (Laws   1909,   p.   378.) 

Directors  to  hold  meeting,  when — To  prepare  statement. 
§  3294.  The  directors  of  every  express  company  or  corpora- 
tion which  is  now  or  hereafter  may  be  organized  under  the 
laws  of  this  State  shall  hold  a  meeting  upon  the  second 
Tuesday  in  March  of  each  year,  for  the  transaction  ot 
such  business  as  may  properly  come  before  them,  at 
their  office  or  place  of  business,  which  shall  have  been 
established  in  this  State,  30  days'  notice  having  been 
given  by  publication  in  two  or  more  newspapers  having 
the  greatest  circulation  in  the  county  or  city  in  which 
the  office  of  such  express  company  or  corporation  shall 
be  situated.  The  general  manager  or  other  chief  officer 
of  every  such  express  company  or  corporation,  and  the 
general  manager  or  other  chief  officer  of  every  express 
company  or  corporation  organized  under  the  laws  of 
another  State,  and  doing  an  express  business  in  this 
State,  shall,  on  or  before  the  first  day  of  October  of  each 
year,  transmit  to  the  office  of  the  railroad  and  ware- 
house commissioners  of  this  State  a  statement  in  de-.ail 
of  the  affairs  of  such  company  or  corporation  as  the 
game  existed  on  the  thirtieth  day  of  June  first  rre- 
cedlng,  and  of  the  business  operation  ot  such  compi.ny 
or  corporation  for  the  year  ending  the  thirtieth  day  of 
June  as  aforesaid.  Said  statements  must  be  certilled 
to  under  oath  of  the  proper  officers  of  said  company  or 
corporation,  and  must  be  made  out  upon  printed  forms, 
of  which  forms  two  shall  be  furnished  by  the  railn  ad 
and  warehouse  commissoners  to  each  company  or  <  or- 
poration,  which  printed  forms  shall  contain  all  he 
Interrogatories  necessary  to  obtain  a  full  statement,  in 
detail,  of  the  organization,  condition,  business  affairs 
and  operations  of  such  express  company  or  corporat  on 
for  the  year  ending  the  thirtieth  day  of  June  as  afcre- 
said.  The  railroad  and  warehouse  commissioners  st  all 
in  their  annual  report  to  the  governor  include  a  c  m- 
densation  of  statistics,  tabulated  from  the  returns  of  •  he 
several  express  companies,  together  with  all  such  inl  it- 
mation  and  recommendations  concerning  the  regulati(  ns 
of  the  express  companies  doing  business  in  this  St  te 
as  the  said  commissioners  may  deem  to  be  of  put  lie 
Interest  and  importance.   (Laws  1909,  p.  378.) 

Penalty  for  failure  to  meet  and  make  report,  i  32  )5. 
The  directors  ot  any  such  express  company  who  si:  ill 
fall  to  hold  such  meeting,  or  neglect  to  make  si  ch 
report,  or  fail  to  transmit  such  report  to  the  office  of- 1  he 
railroad  and  warehouse  commissioners  of  this  St  te 
within  the  time  prescribed  by  §  3294,  shall  be  deen  ed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  $250  nor  more  tlan 
$1,000.      (Laws   1909,   p.   378.) 

Express  company  defined.  |  11606.  Any  person,  perso  is, 
joint  stock  association,  company  or  corporation  inc  jr- 
porated  under  the  laws  of  any  State,  Territory  or 
country,  conveying  to,  from  or  through  this  State,  or 
any  part  thereof,  money,  packages,  gold,  silver,  pie  te, 
articles,  goods,  merchandise  or  effects  of  any  kind  by 
express,  on  contract  with  any  railroad  or  steambnat 
company,  or  the  managers,  lessees,  agents  or  recei' er 
thereof,  not  Including  railroad  companies  or  steambo  its 
engaged  In  the  ordinary  transportation  of  merchand  se 
and  property  In  this  State,  shall  be  deemed  to  be  an 
press    company.      (R.    S.    1899,    §  9399.)  \ 

Company  to  make  statement — Penalty — Payment  ti 
treasury — Penalty  for  failure.  §  11607.  Every  such  expr  'ss 
company  shall,  annually,  between  the  first  day  of  A]  rll 
and  the  first  day  of  May,  make  and  deliver  to  the  State 
auditor  a  statement,  verified  by  the  oath  of  the  offl'er 
or  agent  making  such  report,  showing  the  entire  recoi  its 
for  business  done  within  this  State  of  each  agent  of  si  ch 
conipary  doing  business  in  this  S.ate  for  the  year  tl  tn 
next  ])recedlng  the  first  day  oi  April,  for  ai  d  on  account 
of  such  company,  including  its  proportion  of  gross  re- 
ceipts for  business  done  by  such  company  in  connect  on 
with  other  companies:  Provided,  that  nothing  heneln 
contained  shall  release  such  express  companies  frsm 
the  assessment  and  taxation  of  their  tangible  property 
In  the  manner  that  other  tangible  property  is  assesFfd 
and  taxed.  Such  company  making  statement  of  such  re- 
ceipts shall  include  as  such  all  sums  earned  or  charged 
for  the  business  done  within  this  State  for  such  precrd- 


i 


Public  Seevioe  Laws 


803 


ing  year,  whether  actually  received  or  not.  Such  statement 
shall  contain  an  abstract  of  the  amount  received  in 
each  county  and  the  total  amount  received  for  all  the  coun- 
ties. In  case  ef  the  failure  or  refusal  of  such  express 
company  to  make  such  statement  before  the  first  day  of 
May,  it  shall  then  be  the  duty  of  each  local  agent  of 
such  express  company  within  this  State,  annually  be- 
tween the  first  day  of  Jlay  and  the  first  day  of  June, 
to  make  out  and  forward  to  the  State  auditor  a  similar 
verified  statement  of  the  gross  receipts  of  his  agency 
for  the  year  then  next  preceding  the  first  day  of  April. 
When  such  statement  is  made,  such  express  company 
shall,  at  the  time  of  making  the  same,  pay  into  the 
treasury  of  the  State  the  sum  of  $1.25  on  each  $100 
of  sucli  receipts;  and  any  such  express  company  failing 
or  refusing  for  more  than  30  days  after  the  first  day  of 
June  in  each  year  to  render  an  accurate  account  of  its 
receipts  in  the  manner  above  provided,  and  to  pay  the 
required  tax  thereon,  shall  forfeit  $100  for  each  additional 
day  such  statement  and  payment  shall  be  delayed,  to  be 
recovered  by  an  action  in  the  name  of  the  State  of  Mis- 
souri, on  the  relation  of  the  State  auditor,  in  any 
court  of  competent  Jurisdiction,  and  the  attorney-gen- 
eral shall  conduct  such  prosecution;  and  such  company, 
corporation  or  association  so  failing  or  refusing  shall 
be  prohibited  from  carrying  on  said  business  in  this 
State  until   such  payment  is  made.      (R.   S.  1899,  §  9400.) 

What  railroads  are  taxable.  §  11553.  All  railroads  now 
constructed,  in  course  of  construction,  or  which  shall 
hereafter  he  constructed  in  this  State,  and  all  other 
property,  real,  personal  or  mixed,  owned,  hired  or 
leased  by  any  railroad  company  or  corporation  in  this 
State,  shall  be  subject  to  taxation  for  State,  county 
or  other  municipal  or  local  purposes,  and  taxes  levied 
thereon  shall  be  levied  in  the  manner  hereinafter  set 
forth.      (R.   S.   1899,   §  9338.) 

Railroad  companies  to  make  statement  to  State  auditor. 
§  11554.  On  or  befol-e  the  first  day  of  January  in  each  and 
every  year,  the  president  or  other  chief  officer  of  every 
railroad  company  whose  road  is  now  or  which  shall 
hereafter  become  so  far  completed  and  in  operation 
as  to  run  locomotive  engines,  with  freight  or  passenger 
cars  thereon,  shall  furnish  to  the  State  auditor  a  state- 
ment, duly  subscribed  and  sworn  to  by  said  president 
or  other  chief  officer,  before  some  officer  authorized  to 
administer  oaths,  setting  out  in  detail  the  total  length 
of  their  road  so  far  as  completed,  including  branch  or 
leased  roads,  the  entire  length  in  this  State,  and  the 
length  of  double  or  side  tracks,  with  depots,  water  tanks 
and  turn-tables,  the  length  of  such  road,  double  or  side 
tracks  in  each  county,  municipal  township,  incorporated 
city,  town  or  village  through  or  in  which  it  is  located 
In  this  Slate;  the  total  number  of  engines  and  cars  of 
every  kind  and  description,  including  all  palace  or  sleep- 
ing ears,  passenger  and  freight  cars,  and  all  other  mov- 
able property  owned,  used  or  leased  by  them  on  the 
first  day  of  June  in  each  year,  and  the  actual  cash 
value  thereof.     (R.  S.  1899,  §  9339.) 

Duplicate  statements  to  county  clerks.    §  11555.    In  ad- 
dition to  the  statement  required  by  the  preceding  section, 
'    the  president  or  other  chief  officer  of  every  railroad  com- 
pany shall,  on  or  before  the  first  day  of  January  in  each 
I    and    every    year,    furnish    to    the    clerk    of    the    County 
,    Court  of   each   and   every  county  in   this   State   in   which 
!    said  road  or  roads  may  be  located,  a  duplicate  statement 
1    of    their    property    in    such    county    as    required    in    the 
I    preceding    section,    duly    subscribed     and     sworn     to    by 
i    said     president     or    other     chief     officer,       (R.     S.     1899, 
§  9340.) 

Duties  of  county  court.     |  11556.    At  the  next  term  of 
the   County   Court   after   such   statement  is   received,   the 
;    clerk  shall  lay  it  before  the  County  Court,  and  the  court 
shall   examine   the   statement   and   determine   the   correct- 
ness thereof  as  to  the  description  of  property  and  valua- 
I    tion  thereof;    and  if  found  correct,   the  court  shall  cause 
the    clerk    thereof    to    certify    to    the    correctness    of    the 
I    statement,    under    the    seal    of    the    court,    and    forward 
;    the  certificate  to  the  State  auditor  on  or  before  the  first 
I    day  of  April   next  thereafter;    if  found  in   the   opinion  of 
!    the   County   Court   to   be    incorrect,    or   the   value   thereof 
j    not    sufficient    or    inadequate,    the    court    shall    proceed 
I   Immediately   to   ascertain   what   property  has   been  omit- 


ted, and  shall  return  a  description  thereof  to  the  State 
auditor;  and  all  property  thus  omitted  and  returned  shall 
be  taxed  at  double  its  cash  value.  The  County  Court 
shall  forward  an  official  statement  of  what  they  believe 
to  be  the  actual  ctfsh  value  of  all  property  reported 
to  them  by  the  chief  officer  of  the  railroad  companies, 
and  also  of  the  property  which  they  may  find  not  bo 
returned,  if  any,  of  the  kind  mentioned  in  §  11554,  be- 
longing to  or  under  the  control  of  such  railroad  company, 
and  shall  make  return  thereof,  under  the  seal  of  the 
court,  to  the  State  auditor  on  or  before  the  first  day 
of  April  next;  and  if  the  County  Court  shall  fail  to  make 
or  cause  to  be  made  the  certificate  herein  required,  and  in 
the  time  specified,  the  clerk  shall  make  the  certificates 
and  a  certificate  that  the  court  has  so  failed.  (R.  S. 
1899,    §9341.) 

When  company  fails  to  make  returns,  duty  of  board. 
§  11557.  Should  any  railroad  company  fall  to  make  and 
return  to  the  State  auditor  and  county  clerks  any  of  the 
statements  required  by  the  foregoing  provisions  of  this 
chapter,  the  said  board  shall  ascertain  the  property  of 
such  company,  from  the  best  information  tliey  can 
obtain,  and  shall  fix  the  value  thereof;  and  their  action 
on  the  same  shall  be  filed  in  the  office  of  the  State 
auditor   as   herein   required.      (R.   S.   1899,   §  9342.) 

Duty  of  State  auditor.  §  11558.  On  the  third  Monday 
of  April  in  each  year,  the  State  auditor  shall  lay  before 
the  State  board  of  assessment  and  equalization  all  re- 
turns made  to  him  by  every  railroad  company  and 
county  clerk.     (R.  S.  1899,  §  9343.) 

State  hoard  of  equalization,  how  composed — Duties. 
§  11559.  The  State  board  for  the  assessment  and  equaliza- 
tion of  railroad  property  shall  be  composed  of  the  governor, 
secretary  of  State,  State  auditor.  State  treasurer  and  at- 
torney-general, and  shall  meet  annually  at  the  capital, 
in  the  City  of  Jefferson,  on  the  third  Monday  of  April 
of  each  year,  for  the  purpose  of  assessing,  adjusting 
and  equalizing  the  valuation  of  such  railroad  prorerty. 
The  said  board  shall  proceed  to  assess,  adjust  and  equal- 
ize the  aggregate  valuation  of  the  property  of  each 
one  of  the  railroad  companies  in  this  State  specified  in 
§  11554.  The  board  shall  have  power  to  summon  wit- 
nesses by  process  issued  to  any  officer  authorized  to 
serve  suljpoenas,  and  shall  have  the  power  of  a  circuit 
Court  to  compel  the  attendance  of  such  witnesses,  and 
to  compel  them  to  testify;  they  shall  have  the  power, 
upon  their  knowledge,  or  such  information  as  they  can 
olDtain,  to  increase  or  reduce  the  aggregate  valuation 
of  the  property  of  any  railroad  company  included  in  the 
statements  and  returns  made  by  the  railroad  companies 
and  the  clerks  of  the  County  Courts,  and  shall  assess, 
adjust  and  equalize  any  other  property  belonging  to 
eaid  railroad  companies,  or  property  belonging  to  any 
railroad  companies  in  this  State  of  the  kind  specified  in 
§  1T554,  upon  which  no  returns  have  been  made,  which 
may  be  otherwise  known  to  them,  as  they  may  deem 
just  and  right.  In  assessing,  adjusting  and  equalizing 
any  railroad  property  for  any  year  or  years,  the  State 
board  may  arrive  at  its  finding,  conclusion  and  judgment, 
upon  its  knowledge,  or  such  information  as  may  be  be- 
fore it,  and  shall  not  be  governed  in  its  findings,  con- 
clusions and  judgment  by  the  testimony  which  may  be 
adduced,  further  than  to  give  to  it  such  weight  as  the 
board  may  think  it  is  entitled  to:  Provided  that 
when  any  railroad  shall  extend  beyond  the  limits  of  this 
State  and  Into  another  State  in  which  a  tax  is  levied 
and  paid  on  the  rolling  stock  of  such  road,  then  the  said 
board  shall  assess,  equalize  and  adjust  only  such  pro- 
portion of  the  total  value  of  all  the  rolling  stock  of 
such  railroad  company  as  the  number  of  miles  of  such 
road  in  this  State  bears  to  the  total  length  of  the  road 
as  owned  or  controlled  by  such  company.  (R.  S.  1899, 
§9344.) 

Chief  officer  of  company  owning  private  cars  to  make 
statement  to  assessor.  §  11560.  The  president  or  other 
chief  officer  of  every  car  company,  car  trust,  mercantile 
company  or  corporation,  or  Individual  other  than  a  rail- 
road company  operating  a  line  of  Railroad,  owning  any 
stock  cars,  furniture  cars,  fruit  cars,  refrigerator  cars, 
meat  cars,  oil  cars  or  tank  cars,  shall,  on  or  before  the 
first  day  of  January  in  each  year,  make  to  the  State 
auditor  a  true,  full  and  accurate  statement,  verified 
by    the    aflfidavit    of    the    officer    or    person    making    the 


804 


National  Association  of  Railway  Commissioneks 


eame  showing  the  aggregate  number  of  miles  made  by 
the  cars  over  several  lines  of  railroad  in  this  State 
during  the  year  next  preceding  the  iirst  day  of  June, 
and  a  further  statement  showing  the  average  number  of 
miles  traveled  per  day  by  the  cars  of  the  particular 
class  or  classes  covered  by  the  statement,  in  the  ordinary 
course  of  business  during  the  year.  (Laws  1905.  p. 
269.) 

Statement  to  show  miles  traveled.  §  11561.  The  presi- 
dent or  other  chief  officer  of  every  railroad  company  whose 
lines  run  through  or  into  this  State  shall,  on  or  before  the 
first  day  of  January,  in  each  year,  furnish  to  the  State 
auditor  a  statement,  verified  by  the  affidavit  of  the  officer 
or  person  making  the  same,  showing  the  total  number  of 
miles  made  by  the  cars  of  every  such  car  company,  car 
trust,  mercantile  company,  or  individual  over  their  lines 
In  this  State  during  the  year  next  preceding  the  first  day 
of  June.  Such  statement  shall  also  show  separately  the 
name  and  aggregate  number  of  miles  traveled  over  their 
lines  in  this  State  by  the  cars  of  each  such  car  company, 
car  trust,  mercantile  company  or  individual,  and  the  aver- 
age number  of  miles  traveled  per  day  by  each  of  the  par- 
ticular class  of  cars  covered  by  the  statement,  in  the 
ordinary  course  of  business  during  the  year.  (Laws  1905, 
p.  269.) 

Statement  to  be  filed  by  State  auditor  with  board  of 
equalization.  §  11562.  Such  statements  shall  be  filed  by 
the  State  auditor  and  laid  before  the  State  board  of  equal- 
ization at  the  time  and  in  the  manner  as  is  required  con- 
cerning the  return  of  railroad  companies.  (Laws  1905,  p. 
269.) 

State  board  of  equalization  to  fix  rate.  §  11563.  It  shall 
be  the  duty  of  the  State  board  of  equalization  to  ascertain 
from  said  statement  the  number  of  cars  required  to  make 
the  total  mileage  of  the  cars  of  each  such  car  company, 
car  trust,  mercantile  company  or  individual  within  the 
period  of  one  year.  The  board  shall  ascertain  and  fix  a 
valuation  upon  each  particular  class  of  such  cars,  and  the 
number  so  ascertained  to  be  required  to  make  the  total 
mileage  of  the  cars  of  each  such  car  company,  car  trust, 
mercantile  company  or  individual,  within  the  period  of  one 
year,  shall  be  assessed  to  the  respective  car  companies,  car 
trust,  mercantile  companies  and  individuals.  For  the  pur- 
pose of  making  this  assessment,  the  board  is  authorized  to 
base  the  assessment  upon  the  returns  of  the  several  railroad 
companies,  in  case  any  such  car  company,  car  trust,  mer- 
cantile company  or  Individual  shall  fail  or  refuse  to  make 
the  statement  herein  required,  and  in  determining  the  daily 
average  travel  of  such  cars  the  board,  in  so  far  as  may  be 
practicable,  shall  harmonize  the  statements  of  the  several 
railroad  companies,  car  companies,  mercantile  companies 
»nd  individuals  with  respect  thereto,  fixing  a  uniform  daily 
averag*  travel  of  cars  in  each  particular  class.  Such  as- 
sessment shall  be  included  in  the  record  and  proceedings  of 
the  board,  and  shall  be  filed  in  the  office  of  the  State  auditor 
on  its  adjournment.     (Laws  1905,  p.  269.) 

To  apportion  value.  §  11564.  The  State  board  of  equal- 
ization shall  apportion  the  aggregate  value  of  the  whole 
number  of  cars  of  each  class  assessed  to  each  car  company, 
car  trust,  mercantile  company,  or  Individual,  to  each 
county,  municipal  township,  incorporated  city  and  town  in 
and  through  which  such  cars  have  been  run  and  operated, 
according  to  the  ratio  which  the  mileage  of  such  cars  over 
the  lines  of  railroad  in  such  counties,  municipal  townships, 
cities  and  incorporated  towns  shall  bear  to  the  total  mile- 
age of  such  cars  In  the  State.     (Laws  1905,  p.  269.) 

Shall  be  subject  to  what  taxes.  §  11565.  The  property 
returned  to  the  State  auditor,  as  required  by  §  11560,  shall 
be  subject  to  taxation  for  State,  county,  municipal  and 
other  purposes,  to  the  same  extent  as  the  property  of  the 
railroad  companies,  and  when  assessed  and  apportioned  as 
provided  in  §§  11560  to  11571,  inclusive,  shall  be  certified 
and  the  taxes  thereon  levied  at  the  same  time  and  in  the 
same  manner  provided  by  law  for  the  taxation  of  railroad 
companies.     (Laws  1905,  p.  269.) 

County  court  shall  levy  tax.  §  11566.  The  county  court 
shall  levy  taxes  on  such  property  for  State,  county,  mu- 
nicipal and  other  purposes  in  the  same  manner  as  provided 
for  the  property  of  railroad  companies,  and  cause  such 
tax  levy  to  be  certified  to  the  State  auditor.  On  or  before 
the  first  day  of  August  in  each  year  the  State  auditor  shall 
make  out  and  transmit  by  mail  to  the  president  or  other 
chief  officer  of  every  such  car  company,  car  trust,  mercan- 


tile company  or  Individual  owner  a  certified  statement 
showing  the  aggregate  mileage  of  the  cars  of  each  of  such 
companies  or  individual  owners  of  the  several  lines  of  rail- 
roads in  this  State  during  the  period  of  one  year,  the  num- 
ber of  cars  required  to  make  such  aggregate  mileage  in  one 
year,  the  valuation  per  car,  the  aggregate  valuation  of  such 
cars  and  the  apportionment  thereof  to  the  respective  coun- 
ties, municipal  townships,  cities  and  incorporated  towns 
and  villages,  and  the  amount  of  State,  county,  city,  school 
and  other  taxes  due  thereon.  On  or  before  the  first  day 
of  January  following,  every  such  car  company,  car  trust, 
mercantile  company  or  individual  shall  pay,  in  saDi» 
manner  as  railroad  companies,  the  amount  of  such  State, 
county,  municipal  and  other  taxes  set  out  in  said  certified 
statements  of  the  State  auditor.     (Laws  1905,  p.  269.) 

Penalty  for  refusal  to  pay  tax.  §  11567.  If  any  such  car 
company,  car  trust,  mercantile  company.  Individual  or  rail- 
road company  shall  fail  or  refuse  to  make  the  statement 
herein  required,  such  car  company,  car  trust,  mercantile 
company,  individual  or  railroad  company  shall  forfeit  and 
pay  to  the  State  for  such  failure  or  refusal  the  sum  of  not 
less  than  $25  nor  more  than  ?100  per  day,  for  the  use  of  tiie 
common  school  fund,  for  every  day  they  shall  fail  or  refuse 
to  make  such  statement.     (Laws  1905,  p.  269). 

Suits  to  be  instituted.  §  11568.  Whenever  such  car 
company,  car  trust,  mercantile  company,  individual  or  ral- 
road  company  shall  fail  or  refuse  to  make  such  statemeit 
or  to  pay  such  tax  for  the  period  of  forty  days,  it  shall  be 
the  duty  of  the  State  auditor  to  notify  the  attorney-genenl, 
giving  him  a  full  statement  of  all  the  facts  under  his  hai  d 
and  seal,  whose  duty  it  shall  be  to  institute  a  suit  or  bu1-,« 
in  any  court  of  this  State  or  of  the  United  States  havii  g 
jurisdiction,  in  the  name  of  the  State,  and  at  the  relatlc  n 
and  to  the  use  of  the  attorney-general,  for  the  collection  ■>f 
such  taxes,  penalty  or  penalties,  as  the  case  may  be.  Tl  e 
property  of  any  such  car  company,  car  trust,  mercantl  e 
company,  individual  or  railroad  company  shall  be  subje  ;t 
to  seizure  under  execution,  by  the  proper  officer  in  ai  y 
county  in  this  State,  to  satisfy  a  judgment  rendered  fi 
such  taxes,  penalty  or  penalties.  (Laws  1905,  p.  269.)4 
Street  car  companies  to  make  statement.  §  11572.  OaJ 
before  the  first  day  of  January  in  each  year,  the  preside) 
or  other  chief  officer  of  every  street  railway  company  1 
every  city  of  this  State  whose  line  is  now  or  shall  hereafti  r' 
become  so  far  completed  and  in  operation  as  to  run  hon  e 
cars,  electric  cars,  cable  cars  or  cars  propelled  by  ai 
other  device  for  the  transportation  of  passengers,  shfll 
furnish  to  the  State  auditor  a  statement,  duly  subscribi 
and  sworn  to  by  said  president  or  other  chief  officer,  beta 
some  officer  authorized  to  administer  oaths,  setting  outl 
detail  the  full  length  of  the  line,  so  far  as  completed,  ^ 
eluding  branch  or  leased  lines,  the  entire  length  in  tM 
State,  the  length  of  double  or  side  tracks,  the  length  t 
such  line  located  upon  real  estate  to  which  such  compa| 
may  have  title  as  right  of  way,  the  length  of  such  lU 
located  upon  the  public  streets  or  thoroughfares  of  af 
city,  together  with  all  cars,  motors,  grip  cars,  live  sto<( 
electric  trolley  wires,  cables,  cable  conduits,  power  houa^ 
stables  and  all  other  property,  real,  personal  or  mix^ 
owned,  used  or  leased  on  the  first  day  of  June,  which  rat 
be  used  in  or  incident  to  the  operation  of  such  street  rat 
road  the  length  of  such  line  in  each  county,  municipal  tow 
ship  and  city  through  or  in  which  it  is  located,  and  ti, 
cash  value  of  the  several  items  embraced  in  the  statemMl 
(R.  S.  1899,  S  9353.)  ^' 

Taxes  to  be  levied.  §  11573.  The  said  property  return^| 
to  the  State  auditor,  as  by  §  11572  required,  shall  be  sa  . 
ject  to  taxation  for  State,  county,  municipal  and  other  pur' 
poses  to  the  same  extent  as  the  real  and  personal  proper  j 
of  private  persons,  and  the  same  shall  be  assessed,  appor- 
tioned, certified  and  the  taxes  thereon  levied  and  collected 
at  the  time  and  in  the  manner  which  is  now  or  may  her»- 
after  be  provided  by  law  for  the  assessment  and  taxathn 
of  other  railroad  property.     (R.  S.  1899,  §  9354.) 

Purpose  of  certain  sections.  §  11574.  It  being  the  pur- 
poses of  the  two  preceding  sections  to  make  the  property  it 
street  railroads  in  cities  assessable  and  taxable  in  the  same 
manner  which  is  now  or  may  hereafter  be  provided  by  law 
for  the  assessment  and  taxation  of  other  railroad  property, 
all  Acts  and  parts  of  Acts  inconsistent  or  in  conflict  there- 
with are  hereby  repealed.     (R.  S.  1899,  §  9355.) 

Omission  to  assess,  how  corrected.  §  11575.  The  State 
board    of    assessment    and    equalization    shall    have    ths 


y 

I 


Public  Service  Laws 


805 


power  to  assess,  adjust  and  equalize  the  property  hereinbe- 
fore specified  of  any  railroad  company,  in  whole  or  in  part, 
for  any  year  or  years  since  March  10,  1871,  for  which  It 
has  been  or  for  which  it  may  hereafter  be  omitted  from  as- 
sessment, adjustment  and  equalization,  and  to  reassess,  ad- 
just and  equalize  any  such  railroad  property,  in  whole  or 
In  part,  as  the  case  may  be,  for  any  year  or  years  for  which 
It  may  have  been  heretofore  or  In  which  It  may  hereafter 
be  assessed,  adjusted  and  equalized,  but  which  assessment, 
adjustment  and  equalization,  for  any  cause  has  been  or 
which  may  hereafter  be  held  by  the  courts  to  be  irregular 
or  void.     (R.  S.  1899,  §  9356.) 

Board  to  apportion  property  assessed.  §  11576.  Said 
board  shall  apportion  the  aggregate  value  of  all  property 
hereinbefore  specified  belonging  to  or  under  the  control  of 
each  railroad  company,  to  each  county,  municipal  township, 
city  or  incorporated  town  in  which  such  road  is  located, 
according  to  the  ratio  which  the  number  of  miles  of  such 
road  completed  in  such  county,  municipal  township,  city  or 
incorporated  town  shall  bear  to  the  whole  length  of  such 
road  in  this  State:  Provided,  that  in  any  case  where  a 
company  whose  line  of  road  is  liable  to  taxation  shall  havo 
been  or  may  become  consolidated  into  another  corporation, 
entitled  by  its  charter  or  otherwise  to  exemption  from 
county  or  other  taxation,  that  portion  of  the  road  which  la 
liable  to  taxation,  as  aforesaid,  shall  be  assessed  sep- 
•arately,  and  the  value  thereof  apportioned  to  the  counties, 
municipal  townships,  cities  or  incorporated  towns  in  which 
it  is  located.     (R.  S.  1899,  §  9357.) 

Auditor  to  certify  action  of  board  to  whom.  %  11578. 
On  the  receipt  of  the  proceedings  of  said  board,  the  State 
auditor  shall  certify  to  the  secretaries  of  the  respective 
railroad  companies,  and  also  to  the  county  courts  of  the 
proper  counties,  the  action  of  said  board,  which  certificate 
shall  set  forth  the  entire  length  of  such  railroad,  includ- 
ing side  tracks,  in  the  State,  and  the  valuation  thereof  per 
mile;  the  total  value  of  the  rolling  stock  of  said  railroad; 
the  total  length  of  the  road-bed,  including  side  tracks,  in 
each  county,  city,  town,  village  and  municipal  township; 
also,  the  total  value  of  road-bed  and  side  tracks  and  rolling 
stock  as  adjusted,  equalized,  assessed  and  apportioned  to 
such  county,  city,  town,  village  and  municipal  township 
therein  by  said  board;  and  such  certificates,  respectively, 
shall  be  held  and  received  in  all  courts  and  places  where 
the  action  of  said  board  shall  be  called  in  question,  as 
prima  facie  evidence  of  the  facts  set  forth  in  said  certifi- 
cates, and  that  each  and  every  act  and  thing  required  to  be 
done  by  said  board,  under  the  provisions  of  this  article, 
had  been  fully  complied  with,  and  the  party  using  or  offer- 
ing such  certificates  in  evidence  shall  not  be  required  to 
produce  the  record  of  the  proceedings  or  decisions  of  said 
board,  or  a  copy  thereof,  nor  any  other  matter  or  thing  as 
evidence  to  sustain  such  certificate.    (R.  S.  1899,  §  9359.) 

Local  property,  how  assessed.  §  11579.  All  property, 
real,  personal  or  mixed,  including  lands,  machine  and  work- 
shops, roundhouses,  warehouses  and  other  buildings,  goods, 
chattels  and  office  furniture  of  whatever  kind,  owned  or 
controlled  by  any  railroad  company  or  corporation  in  this 
State  not  hereinbefore  specified,  shall  be  assessed  by  the 
proper  assessors  in  the  several  counties,  cities,  incorporated 
towns  and  villages  wherein  such  property  is  located,  under 
the  general  revenue  laws  of  the  State  and  the  municipal 
laws  regulating  the  assessments  of  other  local  property  In 
such  counties,  cities,  incorporated  towns  and  villages,  re- 
spectively, but  the  taxes  on  the  property  so  assessed  shall 
be  levied  and  collected  according  to  the  provisions  of  this 
article.     (R.  S.  1899,  §  9360.) 

Description  Of  local  property  furnished  to  county  clerk 
})y  ivhom.  §  11580.  For  the  purpose  of  carrying  out  the 
provisions  of  the  next  preceding  section,  the  president  or 
other  chief  officer  of  every  such  railroad  company  shall,  in 
addition  to  the  statement  required  to  be  furnished  to  the 
county  clerk,  as  prescribed  in  §  11555,  and  at  the  same  time, 
furnish  to  each  county  clerk  in  this  State,  wherever  any 
lands  or  other  property  belonging  to  or  controlled  by  such 
company  may  be  located,  a  separate  statement,  under  oath, 
for  the  benefit  of  county  and  other  local  assessors,  specific- 
ally describing  all  lands  by  sections,  lots  or  subdivisions 
I  thereof,  with  township  and  range  or  the  number  of  the 
entry,  location  or  survey,  or  as  the  nature  of  the  case  may 
i  require,  including  machine  and  workshops,  roundhouses 
;  and  other  buildings,  goods,  chattels  and  office  furniture  of 
whatever  kind,  situated  in  such  county,  and  not  included  In 


their  returns  to  the  State  auditor  and  county  clerks,  under 
§§  11554  and  11555,  owned  or  controlled  by  said  company, 
on  the  first  day  of  June  in  each  year,  and  the  cash  value 
thereof.     (R.  S.  1899,  §  9361.) 

Local  assessments  and  rate  per  cent  returned  to  county 
court.  %  11581.  It  shall  be  the  duty  of  each  city  or  town 
council,  board  of  aldermen  or  board  of  trustees,  as  the 
case  may  be,  of  every  city  or  incorporated  town  or  village 
wherein  any  railroad  property  is  located,  on  or  before  the 
tenth  day  of  August  of  each  year,  to  certify  to  the  county 
court  of  their  respective  counties  a  statement  of  the  assess- 
ments made  in  pursuance  of  §  11579,  and  also  the  rate  per 
cent  levied  by  such  city  or  incorporated  town  or  village 
on  all  property  therein  for  municipal  purposes  for  that 
year.     (R.  S.  1899,  §  9362.) 

County  court  to  levy  taxes.  §  11582.  The  county  court, 
upon  the  receipt  from  the  auditor  of  the  certificate  of  the 
action  of  said  board  of  assessment  and  equalization,  the  re- 
turns of  the  county  assessor  and  the  certificates  of  cities, 
towns  and  villages  made  under  the  preceding  section, 
shall,  at  the  regular  term  of  said  court,  if  in  session  at  the 
time.  If  not,  at  an  adjourned  term  or  at  a  special  term  of 
said  court  called  for  that  purpose,  ascertain  and  levy  the 
taxes  for  State,  county,  municipal  township,  city,  incorpor- 
ated town  and  village  and  school  purposes,  and  for  the 
erection  of  public  buildings,  and  for  other  purposes  on  the 
railroad  and  the  property  thereof,  in  such  county,  municipal 
township,  city  and  incorporated  town  or  village,  at  the 
same  rate  as  may  be  levied  on  other  property,  except  that 
the  rate  for  school  purposes,  and  for  the  erection  of  public 
buildings,  and  for  other  purposes,  shall  be  ascertained  as  pre- 
scribed in  the  next  succeeding  section,  and  shall  make  an 
entry  thereof  on  the  records  of  said  court;  and  in  case 
the  county  court  has  failed  or  omitted,  or  may  hereafter 
fail  or  omit,  from  any  cause  whatever,  to  levy  the  taxes 
or  any  portion  of  the  taxes  for  any  year  or  years,  or  in 
case  the  taxes  or  any  portion  of  the  taxes  for  any  year  or 
years  shall  have  been  Illegally  or  erroneously  levied,  then 
said  court,  at  the  time  of  making  the  regular  levy  upon  rail- 
road property  as  herein  provided,  shall,  in  addition  thereto, 
ascertain  and  levy  the  taxes  for  State,  county,  municipal 
township,  city,  incorporated  towji  or  village  and  school  pur- 
poses, and  for  the  erection  of  public  buildings  and  for 
other  purposes,  on  the  railroad  and  the  property  thereof.  In 
such  county,  municipal  township,  city  and  incorporated 
town  and  village,  which  may  have  been  or  may  hereafter 
be  omitted  or  illegally  or  erroneously  levied  upon  the  valua- 
tion of  the  railroad  and  the  property  thereof,  as  returned 
by  the  State  board  of  equalization  for  such  year  or  years, 
at  the  same  rates  that  were  levied  upon  other  property  for 
the  year  or  years  for  which  said  taxes  were  omitted  or 
illegally  or  erroneously  levied:  Provided,  that  in  no  case 
shall  the  levy  exceed  the  constitutional  limit;  and  which 
taxes,  when  so  levied,  shall  become  due  and  payable,  de- 
linquent and  subject  to  penalty  as  other  railroad  taxes  now 
are,  and  shall  be  recoverable  as  hereinafter  provided.  (R. 
S.  1899,  §  9363.) 

Hoiv  school  taxes  shall  be  levied.  §  11583.  For  the 
purpose  of  levying  school  taxes,  and  taxes  for  the  erection 
of  public  buildings,  and  for  other  purposes,  in  the  several 
counties  of'  this  State,  on  the  roadbed,  roiling  stock  and 
movable  property  of  railroads  in  this  State,  the  several 
county  courts  shall  ascertain  from  the  returns  in  the  offce 
of  the  county  clerk  the  average  rate  of  taxation  levied  for 
school  purposes,  and  also  the  average  rate  of  taxation 
levied  for  the  erection  of  public  buildings,  and  for  other 
purposes,  each  separately,  by  the  several  local  school  board* 
or  authorities  of  the  several  school  districts  throughout 
the  county.  Such  average  rate  for  school  purposes  shall  be 
ascertained  by  adding  together  the  local  rates  of  the 
several  school  districts  in  the  county,  and  by  dividing  the 
sum  thus  obtained  by  the  whole  number  of  districts  levying 
a  tax  for  school  purposes,  and  shall  cause  to  be  charged 
to  said  railroad  companies  taxes  for  school  purposes  at 
said  average  rate  on  the  proportionate  value  of  said  rail- 
road property  so  certified  to  the  county  court  by  the  State 
auditor,  under  the  provisions  of  this  article,  and  the  said 
clerk  shall  apportion  the  said  taxes  for  school  purposes,  so 
levied  and  collected,  among  all  the  school  districts  In  his 
county,  in  proportion  to  the  enumeration  returns  of  said 
districts.  Such  average  rate  levied  for  the  erection  of 
public  buildings,  and  for  other  purposes,  shall  be  ascer- 
tained, each  separately,  by  adding  together  the  local  rate* 
of  the  several  districts  in  the  county  levying  a  tax  for  the 


806 


National  Association  of  Railway  Commissioners 


1 


erection  of  public  buildings,  or  for  other  purposes,  and  by 
dividing  the  sum  thus  obtained  In  each  case  by  the  whole 
number  of  districts  in  such  county;  and  the  clerk  shall 
cause  to  be  charged  to  said  railroad  companies  taxes  for 
the  erection  of  public  buildings  or  for  other  purposes,  at 
said  average  rate  on  the  proportionate  value  of  said  rail- 
road property  so  certified  to  the  county  court  by  the  State 
auditor,  under  the  provisions  of  this  article,  and  the  county 
court  shall  apportion  the  said  taxes  for  the  erection  of 
public  buildings,  or  for  other  purposes  so  levied  and  col- 
lected, among  the  several  school  districts  levying  such 
taxes,  in  proportion  to  the  amount  of  such  taxes  so  levied 
In  each  of  said  districts:  Provided,  that  in  cases  where 
townships,  cities  or  towns  have  made  a  valid  subscrip- 
tion to  such  railroad,  for  the  purposes  of  aiding  in  the  con- 
struction of  the  same,  and  shall  have  legally  issued  their 
bonds  or  paid  subscription  thereto,  and  the  county  in  which 
such  townships,  cities  or  towns  are  situated  shall  not  have 
subscribed  any  stock  or  legally  issued  any  bonds  to  aid  in 
the  construction  or  equipments  of  such  road,  the  payment 
of  which  is  secured  by  a  tax  upon  all  the  taxable  property 
of  the  county,  then,  and  in  all  such  cases,  the  school  taxes 
and  taxes  for  the  erection  of  public  buildings,  and  for  other 
purposes,  arising  from  assessments  on  said  railroad  prop- 
erty in  such  city,  town  or  township  as  above  specified,  shall 
be  distributed  to  the  school  districts  in  such  town- 
ship, city  or  town,  in  the  proportion  that  the  number  of 
children  of  school  age  in  such  district  bears  to  the  number 
of  school  children  in  such  township,  city  or  town;  and  in 
cases  where  such  county  also  shall  have  made  a  valid  sub- 
scription, or  legally  issued  its  bonds  to  aid  in  the  construc- 
tion of  such  railroads,  then  the  school  taxes  and  taxes  for 
the  erection  of  public  buildings,  and  for  other  purposes 
thereon,  shall  be  distributed  to  the  several  school  districts 
of  such  county,  township,  city  or  town  so  subscribing  or 
issuing  bonds  in  proportion  to  the  amount  of  their  several 
subscriptions;  and  provided  further,  that  all  lands,  work- 
shops and  warehouses,  and  other  buildings  and  personal 
property  belonging  to  such  railroad  company  lying  In  any 
school  district,  shall  be  taxed  at  the  same  rate  as  other 
property  in  such  district,  and  the  school  taxes  and  taxes 
for  the  erection  of  public  buildings  and  for  other  purposes 
thereon,  shall  go  to  the  district  in  which  such  lands,  depots, 
workshops  or  buildings  are  situate.     (R.  S.  1899,  §  9364.) 

County  clerk  to  make  out  tax  book.  §  11584.  Within 
10  days  after  the  County  Court  shall  have  levied  the 
taxes  on  railroad  property,  as  prescribed  in  the  two 
preceding  sections,  the  county  clerk  of  such  county  shall 
extend  the  same  on  a  separate  tax  book,  to  be  known 
as  the  railroad  tax  book,  in  which  he  shall  place,  first, 
the  total  valuation  of  the  road-bed  and  rolling  stock 
of  each  railroad  company,  as  equalized  and  apportioned 
to  such  county  by  the  State  board  of  assessment  and 
equalization,  with  the  amount  of  State,  county,  municipal 
township,  city,  town  or  village  school  taxes,  and  taxes 
for  the  erection  of  public  buildings  and  for  other  purposes, 
levied  thereon  by  the  county  court,  stated  separately; 
second,  a  description  of  each  tract  of  land,  town  lot,  or 
other  real  estate,  including  the  machine  and  workshops 
f  nd  other  buildings  in  numerical  order,  and  personal 
property,  as  returned  by  local  assessors,  and  the  amount 
of  State,  county,  municipal,  city,  town  or  village  school 
taxes,  and  taxes  tor  the  erection  of  public  buildings, 
and  for  other  purposes,  levied  thereon,  stating  each  sepa- 
rately, and  crediting  school  taxes  and  taxes  for  the 
erection  of  public  buildings  and  for  other  purposes,  to 
the  proper  district  or  municipality.     (R.  S.  1899,  §  9365.) 

Clerk  to  certify  taxes  to  railroad  company.  §  11585.  It 
shall  be  the  duty  of  the  county  clerk,  as  soon  as  said 
tax  book  is  completed,  to  make  out  and  eertify  to  the 
secretary  or  chief  managing  officer  in  this  State,  of  the 
proper  railroad  company,  a  statement  of  taxes  levied 
on  the  property  of  such  railroad  company  in  this  county, 
which  statement  shall  contain:  First,  the  total  valuation 
of  road-bed  and  rolling  stock  as  the  same  was  equalized 
and  apportioned  to  such  county,  and  the  amount  of  State, 
county,  city,  town  or  village,  municipal  township  and 
school  taxes  and  taxes  for  the  erection  of  public  build- 
ings and  for  other  purposes  levied  thereon;  second,  the 
total  valuation,  as  shown  by  the  returns  of  local  as- 
sessors, of  all  property  in  such  county  belonging  to 
such  railroad  company,  whether  real,  personal  or  mixed, 
Including  lands,  warehouses,  shops  and  other  buildings, 
and    the    amount    of    State,    county,    city,    town,    village, 


school  taxes  and  taxes  for  the  erection  of  public  build- 
ings and  for  other  purposes  levied  thereon.  (R.  S.  1899, 
§  9366.) 

Tax  book  to  be  delivered  to  collector.  §  11586.  The 
county  clerk  shall,  as  soon  as  may  be  after  the  railroad 
tax  book  shall  have  been  made  out  and  adjusted  as 
above  provided,  deliver  the  same  to  the  proper  collector 
of  such  county,  take  duplicate  receipts  therefor,  transmit 
one  to  the  State  auditor,  and  charge  the  collector  with 
the  total  amount  of  taxes  in  each  of  the  several  funds 
in  such  tax  book;  and  thereafter  said  collector  shall  be 
liable  on  his  bond  for  the  faithful  collection  and  dis- 
bursement thereof  according  to  law.     (R.  S.  1899,  §  9367.) 

Taxes  due,  ivhen.  §  11587.  All  taxes  of  whatever  de- 
scription, charged  against  any  railroad  company,  accord- 
ing to  the  provisions  of  this  article,  due  to  any  county, 
and  all  taxes  due  the  state  and  collectible  in  said  county, 
and  all  taxes  due  cities,  incorporated  towns,  villages, 
municipal  townships  and  school  districts  in  such  county, 
shall  be  due  and  payable  to  the  county  collector  of 
such  county  on  the  first  day  of  September  of  the  y<ar 
for  which  the  same  may  be  levied  and  charged  as 
herein   provided.      (R.   S.  1899,  §  9368.) 

Lien  for  taxes.  §  11588.  All  property  owned  or  held  by 
any  railroad  company  in  any  county  in  this  State  shall  be 
liable  for  the  taxes  assessed  and  levied  against  such 
company  in  such  county,  and  all  State,  county,  city,  tov  n, 
village,  school  taxes,  and  taxes  for  the  erection  of 
public  buildings,  and  for  other  purposes,  levied  on  the 
property  of  any  railroad  company  in  such  county,  '.o- 
gether  with  all  dues,  penalties  and  costs  accruing  the-e- 
on,  are  hereby  declared  a  prior  lien  in  favor  of  trie 
State  on  all  the  property  of  such  company,  real,  persoi  al 
or  mixed,  including  road-bed  and  rolling  stock,  lanls, 
depots,  and  other  buildings  in  such  county;  and  the 
fact  that  taxes  assessed  against  any  specific  propei  ty 
of  such  company  shall  have  been  paid  shall  not  exen  pt 
such  property  from  being  subjected  to  the  payment  of 
any  and  all  other  taxes  due  by  such  company,  and  f  le 
same  are  hereby  declared  to  be  a  prior  lien  upon  ill 
such  property,  real  and  personal,  which  lien  shall  have 
precedence  of  all  other  liens,  judgments  and  decr(  es 
of  whatever  kind,  and  shall  be  enforced  as  hereinaf-  er 
provided.      (R.    S.    1899,   §  9369.) 

Taxes,  when  delinquent.  §  11589.  If  any  railroad  cc  n- 
pany  shall  fail  to  pay  to  the  county  collector  of  t  le 
proper  county  any  taxes  levied  for  State,  county,  ci  y, 
town,  village,  school,  or  for  the  erection  of  public  buid- 
ings,  and  for  other  purposes,  on  the  property  of  stch 
railroad  company  in  said  county,  on  or  before  the  fl  st 
day  of  January  next  after  the  same  shall  have  bean 
assessed  and  levied,  the  same  shall  then  be,  on  and  af  er 
that  date,  known  and  treated  as  delinquent  railroad 
taxes;  and  the  said  company  shall  forfeit  and  pay,  in 
addition  to  the  'taxes  with  which  said  company  n  ay 
stand  charged  on  the  tax  books  of  such  county,  si  ch 
penalty  as  is  provided  by  law  for  the  non-payment  of 
other  delinquent  taxes,  which  penalty  shall  be  appsr- 
tioned  to  the  various  funds  respectively;  and  it  shall 
be  the  duty  of  the  collector  to  collect  and  account  for,  as 
other  taxes,  in  addition  to  all  taxes  so  charged  agaiist 
said  company,  the  penalty  aforesaid,  on  all  such  ta:  es 
after  the  first  day  of  January,  till  the  same  shall  be 
paid.     (R.  S.  1899,  §  9370.) 

When  collector  shall  make  seizure  of  taxes.  §  HE  91 
If  any  railroad  company  shall  fail  to  pay  to  the  pro  ler 
collector  of  any  county  at  least  one-half  of  all  ta:;es 
assessed  and  levied  against  such  railroad  company  In 
said  county,  on  or  before  the  first  day  of  October  n?xt 
after  the  same  shall  have  become  due  and  payable,  oi  If 
such  company  shall  fall  to  pay  to  said  collector  all  of 
the  taxes  levied  on  the  property  of  such  company  in 
said  county,  on  or  before  the  first  day  of  Decern  ler 
next  after  the  same  shall  have  become  due  and  payable, 
then  it  shall  be  the  duty  of  said  collector,  upon  such 
default,  to  immediately  levy  upon,  sieze  and  sell  liny 
or  all  the  rolling  stock  and  other  personal  property  of 
whatever  description  of  such  railroad  company  liable 
for  taxes  in  said  county,  in  the  same  manner  as  personal 
property  is  or  may  be  required  to  be  seized  and  sold 
under  executions  on  judgments  at  law,  and  the  railroad 
tax     book     delivered     to    the    collector,    as    hereinbefore 


Public  Service  Laws 


807 


provided,  shall  for  this  purpose  have  the  force  and 
effect  of  an  execution,  and  shall  be  full  and  sufficient 
authority  for  the  collector  to  make  such  seizure  and 
sale.      (R.   S.   1899,   §9372.) 

Suits  for  delinquent  taxes.  §  11592.  If,  on  the  first  day 
of  January  of  any  year,  any  taxes  levied  under  the  pro- 
visions of  this  article,  in  any  county,  remain  delinquent 
and  unpaid,  it  shall  be  the  duty  of  the  collector  of  such 
county,  notwithstanding  the  right  of  seizure  and  sale  of 
personal  property,  to  proceed  at  once  to  enforce  the  lien 
of  the  State  against  the  property  of  said  company, 
and  to  compel  the  payment  of  such  taxes  by  suit  in  the 
Circuit  Court  of  said  county;  and  in  all  such  suits  the 
general  laws  of  the  state  as  to  practice  and  proceedings 
in  civil  cases  shall  apply,  as  far  as  applicable,  and 
not  inconsistent  with  this  article.   (R.  S.  1899,  §  9373.) 

When  suits  to  le  tried — Form  of  petition.  §  11593.  All 
suits  commenced  under  the  provisions  of  this  article 
shall  be  tried  at  the  return  term  of  the  writ,  unless  con- 
tinued for  good  cause,  and  shall  be  prosecuted  in  the 
name  of  the  State,  at  the  relation  to  the  use  of  the 
collector  of  the  proper  copnty,  and  the  petition  may  be 
in    the    following    form.      [Form    omitted.] 

Clerk  to  issue  special  fieri  facias,  -when.  §  11594.  Upon 
the  rendition  of  such  judgment,  if  against  the  defendant, 
the  clerk  of  said  court  shall  issue  a  special  fieri  facias,  de- 
scribing the  property  against  which  such  judgment  Is 
rendered  and  directed  to  the  sheriff,  commanding  him  to 
advertise  and  sell  said  property,  or  so  much  thereof 
as  may  be  necessary  to  pay  said  judgment  and  sub- 
sequent costij,  in  the  same  manner  as  sheriffs  may  do 
under  ordinary  executions;  and  said  sheriff  shall,  upon 
such  sale,  execute  and  deliver  to  the  purchaser  of  such 
railroad  property  a  deed  of  conveyance  therefor,  which  shall 
he  acknowledged  before  the  Circuit  Court  as  In  ordinary 
cases,  and  shall  convey  the  title  In  fee  to  such  purchaser 
of  the  property  therein  named,  which  deed  shall  be 
prima  facie  evidence  of  title,  and  that  the  things  therein 
stated  are  true.  The  net  proceeds  of  said  sale  shall  be 
paid  over  to  the  county  collector,  and  by  him  credited 
to  the  proper  funds.     (R.  S.  1899,  §  9375.) 

Separate  account  of  railroad  taxes — Monthly  statements. 
S 11595.  It  shall  be  the  duty  of  the  collector  to  keep 
separate  accounts  of  the  railroad  taxes  collected  by  him, 
and  render  monthly  statements  thereof  to  the  county 
clerk  as  in  other  cases.  He  shall  also  pay  into  the 
State  treasury  monthly  all  State  taxes  collected  by  him 
on  railroad  property,  transmitting  and  stating  the  same 
from  other  State  taxes.  He  shall  also  pay  into  the 
county  treasury  monthly  all  other  taxes  on  railroad  proi>- 
erty  collected  by  him  in  such  county,  to  be  disbursed 
according  to  law.     (R.  S.  1899,  §  9376.) 

Collectors  annual  settlement  of  railroad  taxes.  J  11598. 
County  collectors  shall,  at  their  annual  settlements  with 
the  County  Court,  also  settle  and  account  for  all  railroad 
taxes  by  them  collected,  and  shall  receive  credit  accord- 
ingly; but  they  shall  receive  no  credit  for  delinquent 
taxes  until  they  shall  have  exhausted  all  legal  remedies 
to  collect  the  same,  and  shall  have  filed  an  affidavit  to 
that  effect.     (R.  S.  1899,  §  9377.) 

Compensation  of  collector.  §  11598.  The  county  col- 
lector shall  be  allowed  for  collecting  the  railroad  taxes, 
payable  out  of  the  same,  one  per  centum  on  all  sums 
paid  without  seizure  of  personal  property;  and  on  all 
collections  made  by  seizure  of  personal  property,  be 
shall  be  allowed  5  per  centum  on  the  amount,  which  shall 
be  taxed  or  charged  as  costs  and  paid  by  the  railroad 
company;  and  on  all  collections  made  by  suit  against 
such  company  or  companies  2  per  centum  on  the 
amount,  to  be  paid  as  costs  by  the  defendant.  (R.  S. 
1899,    §9379.) 

Fee  of  county  clerks.  §  11600.  The  county  clerk  shall 
be  allowed  fees  at  the  same  rate  for  making  out  the 
railroad  tax  book  as  he  may  receive  for  like  services 
in  making  out  tax  books  under  the  general  revenue 
law   of   the    State.      (R.    S.    1899,    §  9381.) 

Railroad  companies  may  recover  taxes  paid  on  sleeping- 
cars,  from  whom.  §  11603.  All  railroad  companies  In  this 
State  which  siiall  hereafter  pay  any  taxes  on  any  sleep- 
ing, palace,  passenger  or  other  cars,  hired,  leased,  run 
or  used  on  the  roads  of  said  companies  in  this  State, 
shall    have    a    right    of   action    against    the    company    or 


persons  owning  such  cars  for  the  taxes  so'  paid,  with  In- 
terest thereon  from  date  of  payment,  and  may  sue 
for  and  recover  the  same  in  any  court  of  competent 
jurisdiction.      (R.   S.   1899,   §  9384.) 

Obligation  of  contract  not  impaired.  §  11604.  Nothing 
in  this  article  shall  be  so  construed  as  to  avoid  or  im- 
pair the  obligation  of  any  contract  relating  to  the  pay- 
ment of  such  taxes  heretofore  entered  into  or  made 
between  any  such  company,  its  agents  or  persons  owning 
such  cars,  and  any  such  railroad  company.  (R.  S.  1899, 
§  9385.) 

Railroad  taxes  claimed  by  both  State  and  county — Dis- 
position of  funds.     §  11605.     Omitted. 

Franchise  and  property  tax  to  be  levied  upon  bridges, 
telegraph,  telephone  and  express  companies — Duty  of 
county  court  and  boards  of  equalization.  §  11608.  All 
bridges  over  streams  dividing  this  State  from  any  other 
State  owned,  controlled,  managed  or  leased  by  any  person, 
corporation,  railroad  company  or  joint  stock  company,  and 
all  bridges  across  or  over  navigable  streams  within  this 
State,  when  the  charge  is  made  tor  crossing  the  same,  which 
are  now  constructed,  which  are  in  the  course  of  construc- 
tion or  which  shall  hereafter  be  constructed,  and  all  prop- 
erty, real  and  personal,  including  the  franchises  owned  by 
telegraph,  telephone  and  express  companies,  shall  be  sub- 
ject to  taxation  for  State,  county,  municipal  and  other  local 
purposes  to  the  same  extent  as  the  property  of  private  per- 
sons, and  taxes  levied  thereon  shall  be  levied  and  collected 
in  the  manner  as  is  now  or  may  hereafter  be  provided  by 
law  for  the  taxation  of  railroad  property  in  this  State,  and 
county  courts  and  the  county  and  State  boards  of  equaliza- 
tion are  hereby  required  to  perform  the  same  duties  and 
are  given  the  same  powers  in  assessing,  equalizing  and 
adjusting  the  taxes  on  the  property  set  forth  in  this  section 
as  the  said  courts  and  boards  of  equalization  have  or  may 
hereafter  be  empowered  with  in  assessing,  equalizing  and 
adjusting  the  taxes  on  railroad  property;  and  the  presi- 
dent or  other  chief  officer  of  any  such  bridge,  telegraph, 
telephone  or  express  company,  or  the  owner  of  any  such 
toll  bridge,  is  hereby  required  to  render  statements  of  the 
property  of  such  bridge,  telegraph,  telephone  or  express 
company  in  like  manner  as  the  president  or  other  chief 
officer  of  the  railroad  company  is  now  or  may  hereafter  be 
required  to  render  for  the  taxation  of  railroad  property. 
(R.  S.  1899,  §  9387,  amended.  Laws  1901,  p.  223.) 

Prior  taxation,  separate  returns,  when.  §  11609.  In 
case  any  such  bridge  or  the  property  or  franchises  of  any 
telegraph,  telephone  or  express  company  shall  have  been 
subjected  to  taxation  prior  to  the  passage  of  this  article, 
for  any  year  for  which  it  shall  not  have  been  assessed, 
and  from  any  irregularity  in  the  assessment,  or  from  any 
cause,  the  taxes  thereon  have  not  been  paid,  then  a  sepa- 
rate return  for  each  year  for  which  taxes  have  not  been 
paid,  then  a  separate  return  for  each  law  governing  the 
taxation  of  railroad  property.  (R.  S.  1899,  §  9388,  amended. 
Laws  1901,  p.  224.) 

When  part  of  a  bridge  is  in  this  State.  §  11610.  In  all 
cases  where  a  part  of  any  such  bridge,  as  set  forth  in 
§  11608,  is  in  this  State  and  part  in  another  State,  such 
part  of  such  bridge  as  is  in  this  State  only  shall  be  subject 
to  assessment  and  taxation  in  this  State,  and  the  parties 
rendering  statements,  and  the  county  courts  and  boards  of 
equalization,  shall  only  be  required  to  render  statements, 
assess,  equalize  and  adjust  taxes  on  such  part  of  such 
bridge  as  may  be  in  this  State.     (R.  S.  1899.  §  9389.) 

Duty  of  court  and  board  of  equalization  when  return  has 
not  been  made.  §  11611.  Should  any  president  or  chief  of- 
ficer of  any  such  bridge,  telegraph,  telephone  or  express 
company  fail  to  make  and  return  to  the  State  audiior  and 
county  clerks  any  of  the  statements  required  by  this  article, 
the  county  courts  and  board  of  equalization  shall  proceed 
in  the  same  manner  to  assess,  equalize  and  subject  the 
taxes  on  said  property  as  authorized  and  empowered  by  the 
law  providing  for  the  assessment,  equalization  and  ad- 
justment of  taxes  on  railroad  property  in  this  State 
(R.  S.  1899,  §  9390,  amended,  Laws  1901,  p.  225.) 

Penalty  for  failure  to  make  statement  of  property. 
§  11612.  If  the  president  or  other  chief  officer  of  any  bridge, 
telegraph,  telephone  or  express  company,  or  the  owner  of 
any  toll  bridge  within  the  intent  and  meaning  of  §  11608, 
shall  fall  to  render  to  the  State  auditor,  on  or  before  the 
first  day  of  January  in  any  year,  a  statement  of  the  property 


808 


Natioxal  Association  of  Bailway  Commissioners 


I 


of  such  bridge,  telegraph,  telephone  or  express  company, 
as  the  case  may  be,  as  required  by  §  11608,  then  such 
express  company  or  telegraph  company  or  telephone  com- 
pany, or  the  owner  of  such  toll  bridge  so  failing  for  each 
and  every  day  of  failure  to  render  such  statement  after 
such  first  day  of  January,  shall  forfeit  and  pay  to  the 
State  of  Missouri  the  sum  of  $100  for  the  county  public 
school  fund  in  each  and  every  county  in  which  such  bridge, 
express  or  telegraph  or  telephone  company  shall  have 
used  its  franchise  at  any  time  within  one  year  prior  to 
such  first  day  of  January,  or  on  which  such  toll  bridge, 
or  any  portion  thereof,  was  .situated  on  such  first  day  of 
January;  which  penalties  shall  be  sued  for  by  the  prose- 
cuting attorneys  of  the  proper  counties  in  the  name  of  the 
State  of  Missouri,  at  the  relation  of  such  prosecuting  attor- 
neys, to  the  use  of  the  proper  county  public  school  funds, 
in  any  court  having  jurisdiction.  (R.  S.  1899,  §  9391, 
amended.  Laws  1901,  p.  225.) 

Taxation  by  cities  of  railroad,  telegraph  and  bridge 
companies.  §  8968.  Upon  all  property  owned  by  any  rail- 
road, telegraph  or  bridge  company  within  such  city,  sub- 
ject to  taxation  for  State  and  county  purposes,  upon 
which  a  city  tax  has  heretofore  been  levied  and  collected 
by  county  officers,  such  city  is  hereby  empowered  to  levy 
and  collect  taxes  upon  such  property  in  the  same  manner 
that  taxes  are  levied  and  collected  upon  other  property 
■within  the  city;  and  the  valuation  upon  which  a  tax  mav 
be  levied  and  collected  shall  be  the  last  valuation  fixed 
by  the  State  board  of  equalization  prior  to  January  first 
of  each  year.     (R.  S.  1?99,  §  5583.) 

Extensions  and  tranches  authorized — Procedure — Fees. 
S  3067.  Any  railroad  company  organized  under  the  laws  of 
this  State,  or  under  the  laws  of  any  other  State,  a  portion 
of  whose  line  of  railroad  is  constructed  within  this  State, 
shall  have  the  right  to  build  extensions  and  branches  of 
its  line  of  railroad  within  this  State  of  such  length  and 
in  such  direction  as  may  be  authorized  by  resolution  adop- 
ted by  its  board  of  directors  at  any  regular  or  special 
meeting  of  said  board,  which  resolution  shall  show  the 
county  or  counties  into  or  through  which  said  extension 
of  branch  railroad  shall  be  constructed,  and  shall  set  forth 
the  length  of  said  extension  or  branch  railroad  and  the 
proposed  cost  thereof  and  the  intention  of  said  railroad 
company  to  build  the  same.  A  certified  copy  of  such  resolu- 
tion of  the  board  of  directors  shall  be  filed  in  the  office 
of  the  secretary  of  State,  and  when  so  filed  shall  be  held 
and  deemed  to  be  an  amendment  to  the  charter  of  said 
corporation:  Provided,  that  before  any  railroad  company 
shall  extend  its  line  or  branches  under  the  provisions  of 
§§3067  to  3069,  inclusive,  it  shall  pay  the  same  fees  to  the 
State  as  is  now,  or  may  hereafter  be  provided  for  an 
original  charter.     (Laws  1901,  p.  98.) 

Maps  of  extensions  and  branch  routes  to  be  filed,  where 
— Notice  to  landowners.  §  3068.  Every  railroad  com- 
pany, as  aforesaid,  before  proceeding  to  construct  any  such 
extension  of  its  railroad  or  branch  railroad  into  or  through 
any  county  mentioned  in  said  resolution  of  its  board  of 
directors,  shall  make  a  map  or  maps  of  the  route  in- 
tended to  be  or  ■  already  adopted  for  such  extension  or 
branch  railroad  by  such  company  in  such  county  or  coun- 
ties, which  map  or  maps  shall  show  all  details  as  required 
by  §  3074  of  the  Revised  Statutes  of  Missouri,  1909,  and 
shall  be  certified  by  the  president  or  vice-president  and 
engineer  of  said  company,  or  by  a  majority  of  the  directors, 
and  filed  in  the  office  of  the  clerk  of  the  county  court  of 
each  county  into  or  through  which  the  extension  of  said 
railroad  or  said  branch  railroad  is  intended  to  be  con- 
structed. The  company  shall  give  written  notice  to  all 
actual  occupants  of  the  land  over  which  the  route  of  said 
extension  or  branch  railroad  is  so  designated,  and  which 
has  not  been  purchased  by  or  given  to  said  company. 
(Laws  1901,  p.  98.) 

[Note  the  contrast  between  this  unrestricted  right  to 
build  branches  and  extensions  and  the  Massachusetts  policy 
of  refusing  license  to  build  new  railroads  unless  the  railroad 
commission  finds  that  it  is  for  the  interest  of  the  public 
that   they    be    built.] 

Appropriation  of  lands  of  corporations  by  other  cor- 
porations.   §  2368.    In  case  the  lands  sought  to  be  appropri- 


ated are  held  by  any  corporation,  the  right  to  appro- 
priate the  same  by  a  railroad,  telephone  or  telegraph 
company  shall  be  limited  to  such  as  shall  not  materially 
interfere  with  the  uses  to  which,  by  law,  the  corporation 
holding  the  same  is  authorized  to  put  said  lands.  Where 
no  agreement  can  be  made  between  the  parties,  the  mode 
of  assessing  the  damage  provided  heretofore,  as  to  pri- 
vate per.sons,  shall  be  adopted;  and  if  the  lands  to  be 
appropriated  lie  in  more  than  one  county,  an  application 
may  be  made  in  any  one  county  in  which  any  of  the 
lands  lie,  and  the  damage  shall  be  assessed  as  to  all 
the  lands  of  the  defendant  corporation  along  the  whole 
line  in  one  proceeding.  (R.  S.  1899,  §1272,  amended 
Laws   1909,   p.   369.) 

Who  ineligible  to  office.  §  3062.  It  shall  be  unlawful  to 
elect  or  appoint  any  person  to  any  office  of  profit  or 
trust,  or  for  such  person  to  hold  such  office  or  appoint- 
ment, in  any  railroad  corporation  established  by  any 
law  of  this  State,  who  is  a  stockholder,  owner  or  part 
owner  of  any  express,  dispatch,  fast  freight  or  trans- 
portalion  company,  whether  incorporated  or  not,  which 
has  for  its  object,  or  one  of  its  objects,  the  shipment  of 
■freight  or  transportation  of  persons  over  said  railroad, 
or  any  railroad  in  direct  connection  therewith,  or  vho 
is  in  any  way  pecuniarily  interested  in  any  company  or 
copartnership,  formed  for  any  such  or  like  purpose:  snd 
all  persons  interested  as  aforesaid  are  hereby  decla;ed 
ineligible  for  any  such  office  or  appointment.  (R.  S. 
1899,   §  1047.) 

Penalty  for  holding  office  in  violation  of  the  preced  ng 
section.  §  3063.  If  any  person  shall  be  elected  to  £ny 
oflSce  or  appointed  to  any  position  in  violation  of  he 
preceding  section,  and  shall  hold  any  such  office  or 
appointment,  he  shall  forfeit  and  pay  the  sum  of  %  00 
for  each  and  every  day  that  he  shall  exercise  the  fu  ic- 
tions  of  said  office,  which  amount  may  be  recove:  ed 
at  the  suit  of  any  stockholder  of  the  company  in  wh  ^h 
the  office  or  appointment  shall  be  unlawfully  held.  Si  ch 
suit  shall  be  in  the  name  of  the  company,  and  o  le- 
half  of  the  amount  received  shall  go  into  the  treasi  ry 
of  the  company  and  the  other  half  to  the  stockhoh  er 
prosecuting.      (5.   S.   1899,   §  1048.) 

Railroad  passes  prohibited.  §  4812.  No  railroad  or 
Mi'S'-ortation  company  shall  grant  or  issue  f  ■ 
passes  or  tickets,  or  passes  or  tickets  at  a  discount,  to 
members  of  the  general  assembly  of  the  State  of  N  is- 
souri,  or  members  of  the  Slate  board  of  equalizati  m, 
or  any  Slate,  county  or  municipal  officer.  Any  railroad  or 
other  transportation  company  violating  the  provisi(  ns 
of  this  section  shall  forfeit  and  pay  for  each  offei  sa 
the  sum  of  $200,  which  may  be  recovered  in  the  name  of 
the  State  in  any  court  of  competent  jurisdiction,  f  nd 
shall  be  prosecuted  by  the  prosecuting  attorney  of  he 
county  where  the  offense  was  committed,  or  the  attorn  ;y- 
peneral,  and  the  amount  recovered  shall  be  paid  i  ito 
the  county  school  fund  of  said  county.  (R.  S.  \ii 
§2253.) 


I 


I 


Penalty.  %  4813.  Any  officer,  agent  or  employe  of  « I  , 
railroad  or  other  transportation  company  who  shall  s<  nd 
or  deliver  any  free  passes  or  tickets,  or  passes  or  tick  ts 
at  a  discount,  to  any  member  of  the  general  assem  i\y 
of  the  State  of  Missouri,  or  any  member  of  the  St  ite 
board  of  equalization,  or  any  State,  judicial,  county  or 
municipal  officer,  shall  be  deemed  guilty  of  mlsd^ 
meaner,  and  punished  by  a  fine  of  not  less  than  t^H 
nor   more   than    $500.      (R.   S.   1899,   §  2254.)  iW^ 

Penalty  for  accepting  passes.  §  4814.  Any  member  of 
the  general  assembly  of  the  State  of  Missouri,  or  mem- 
ber of  the  State  board  of  equalization,  or  any  Sti  te, 
judicial,  county  or  municipal  officer,  who  shall  acc<  pt, 
use  or  travel  on  any  free  passes  or  tickets,  or  passe* 
or  tickets  at  a  discount,  mentioned  in  the  preceding 
sections,  shall  be  deemed  guilty  of  misdemeanor,  .md 
punished  by  a  fine  of  not  less  than  $50  nor  more  than 
$500  for  each  offense,  and  upon  conviction  thereof, 
forfeit  his  office,  and  if  there  be  no  provisions  mide 
by  law  for  the  removal  of  such  officer  by  impeachment, 
the  court  trying  the  cause  shall  adjudge  the  defendant 
to  have  forfeited  his  office  and  declare  the  same  vacant; 


11 


Public  Service  Laws 


809 


provided,  that  no  court  other  than  the  Circuit  Court  or 
Criminal  Court  of  record  shall  have  power  to  adjudge 
any  such  office  to  be  forfeited  and  vacant.  (R.  S.  1899, 
§2255.) 

Three  preceding  sections  construed.  §  4815.  The  mean- 
ing of  the  three  preceding  sections  of  this  article  shall  not 
be  so  construed  as  to  prevent  any  of  the  officers  or  per- 
sons named  in  said  three  preceding  sections  from  buying, 
nor  any  of  the  persons  named  in  said  sections  from  selling 
tickets  to  the  officer  or  persons  named  in  said  sections  at 
the  same  rate  that  they  are  sold  to  all  other  individuals  or 
classes  of  individuals  to  which  they  may  belong,  using  and 
traveling  on  the  same.   (   R.  S.  1899,  §  2256.) 

Fixing  maximum  rate  for  transporting  national  guard. 
S  8396.  Whenever  it  shall  be  necessary  for  the  organized 
militia  of  the  State,  designated  the  national  guard  of  Mis- 
souri, to  travel  on  any  railroad  between  points  wholly 
within  this  State  on  military  duty,  ordered  by  the  governor, 
the  rate  charged  shall  not  exceed  1  cent  per  mile  for  the 
transportation  of  each  officer  and  enlisted  man,  with  not  to 
exceed  100  pounds  of  baggage  or  camp  equipage,  and  the 
Individual,  company  or  corporation  owning,  operating,  con- 
trolling or  leasing  such  road  or  part  thereof  shall  be  lim- 
ited to  such  compensation  therefor,  and  shall  not  charge, 
demand  or  receive  any  greater  rate  or  compensation  for 
such  service.     (Laws  1909,  p.  368.) 

Penalty.  §  8397.  Any  individual,  company  or  corpora- 
tion violating  any  of  the  provisions  of  the  preceding  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  pay  a  fine  of  not  less  than  f  100  or  more  than  $500. 
(Laws  1909,  p.  368.) 

Misdemeanor  to  falsely  accuse  employe  of  railroad,  etc. 
5  4718.  Every  person  who  shall  by  any  letter,  mark,  sign 
or  destination  whatever,  or  by  any  verbal  statement,  falsely 
report  to  any  railroad  or  any  other  company  or  corpo- 
ration, or  to  any  corporation,  individual  or  individuals  or 
to  any  of  the  officers,  servants,  agents  or  employes  of  any 
such  corporation,  individual  or  individuals  that  any  con- 
ductor, brakeman,  engineer,  fireman,  station  agent  or  other 
employes  of  any  such  railroad  company,  corporation  or  indi- 
vidual have  received  any  money  for  the  transportation  of 
persons  or  property,  or  shall  falsely  report  by  any  of  the 
means  aforesaid,  that  any  such  conductor,  station  agent  or 
other  employe  of  any  railroad  company,  persons  or  corpo- 
ration neglected,  failed  or  refused  to  collect  any  property 
charges  for  the  transportation  of  persons  or  property,  when 
it  was  their  duty  to  do  so,  shall,  on  conviction,  be  adjudged 
guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2165.) 

Penalty  for  blacklisting,  etc.  §  4179.  Every  person  who 
shall  in  this  State  send  or  deliver  or  shall  make  or  cause 
'to  be  made,  for  the  purpose  of  being  delivered  or  sent,  or 
shall  part  with  the  possession  of  any  paper,  letter  or  writ- 
ing, with  or  without  a  named  signed  thereto,  or  signed  with 
a  fictitious  name,  or  with  any  letter,  mark  or  other  designa- 
tion, or  shall  publish  or  cause  to  be  published  any  false 
statement  for  the  purpose  of  preventing  such  other  person 
from  obtaining  employment  in  this  State  or  elsewhere,  and 
every  person  who  shall  "blacklist"  or  cause  to  be  "black- 
listed" any  person  or  persons,  by  writing,  printing,  publish- 
ing, or  causing  the  same  to  be  done,  the  name  or  any  mark 
or  designation  representing  the  name  of  any  person  in  any 
paper,  pamphlet,  circular  or  book,  together  with  any 
false  statement  concerning  said  persons  so  named,  or  shall 
publish  that  anyone  is  a  member  of  any  secret  organiza- 
tion, for  the  purpose  of  preventing  such  other  person  from 
securing  employment,  or  any  person  who  shall  do  any  of 
the  things  mentioned  in  this  section  for  the  purpose  of 
causing  the  discharge  of  any  person  employed  by  any  rail- 
road or  other  company,  corporation,  individuals  or  individ- 
ual shall,  on  conviction,  be  adjudged  guilty  of  a  misde- 
meanor and  punished  by  a  fine  not  exceeding  |1,000,  or 
Imprisonment  in  the  county  jail,  or  by  both  such  fin«  and 
Imprisonment.    (R.  S.  1899,  §  2166.) 

LiaHlity  of  railroad  corporations  for  damages  to  agents 
or  servants.  §  5434.  Every  railroad  corporation  owning 
or  operating  a  railroad  in  this  State  shall  be  liable  for  all 
damages  sustained  by  any  agent  or  servant  thereof  while 
engaged  in  the  work  of  operating  such  railroad  by  reason 
of  negligence  of  any  other  agent  or  servant  therof:  Pro- 
vided, that  it  may  be  shown  in  defense  that  the  person 
injured  was  guilty  of  negligence  contributing  as  a  proxi- 
mate cause  to  produce  the  injury.     (R.  S.  1899,  §  2873.) 

Vice-principals  defined.    §  5435.    All  persons  engaged  in 


the  service  of  any  such  railroad  corporation  doing  business 
in  this  State,  who  are  intrusted  by  such  corporation  with 
the  authority  of  superintendence,  control  or  command  of 
other  persons  in  the  employ  or  service  of  such  corporation, 
or  with  the  authority  to  direct  any  other  servant  in  the 
performance  of  any  duty  of  such  servant,  or  with  the 
duty  of  inspection  or  other  duty  owing  by  the  master  to 
the  servant,  are  vice-principals  to  such  corporation,  and  are 
not  fellow  servants  with  such  employes.  (R.  S.  1899, 
§  2874.) 

Fellow  servants  defined.  §  5436.  All  persons  who  are 
engaged  In  the  common  service  of  such  railroad  corpora- 
tion, and  who  while  so  engaged,  are  working  together  at 
the  same  time  and  place,  to  a  common  purpose  of  same 
grade,  neither  of  such  persons  being  intrusted  by  such 
corporation  with  any  superintendence  or  control  over  their 
fellow  employes,  are  fellow  servants  with  each  other:  Pro- 
vided, that  nothing  herein  contained  shall  be  so  construed 
as  to  make  any  agent  or  servant  of  such  corporation  in 
the  service  of  such  corporation  a  fellow  servant  with  any 
other  agent  or  servant  of  such  corporation  engaged  in  any 
other  department  or  service  of  such  corporation.  (R.  S.  1899, 
§  2875.) 

Contracts  limiting  liability  declared  invalid.  §  5437. 
No  contract  made  between  any  railroad  corporation  and 
any  of  its  agents  or  servants,  based  upon  the  contingency 
of  the  injury  or  death  of  any  agent  or  servant,  limiting 
the  liability  of  such  railroad  corporation  for  any  damages 
under  the  provisions  of  §§  5434  to  5437,  inclusive,  shall 
be  valid  or  binding,  but  all  such  contracts  or  agreements 
shall  be  null  and  void.     (R.  S.  1899,  §  2876.) 

Actions  no*  to  abate  by  reason  of  death.  §  5438.  Causes 
of  action  upon  which  suit  has  been  or  may  hereafter  be 
brought  by  the  injured  party  for  personal  injuries,  other 
than  those  resulting  in  death,  whether  such  injuries  be  to 
the  health  or  to  the  injured  party,  shall  not  abate  by  reason 
of  his  death,  nor  by  reason  of  the  death  of  the  person 
against  whom  such  cause  of  action  shall  have  accrued;  but 
in  case  of  the  death  of  either  or  both  such  parties,  such 
cause  of  action  shall  survive  to  the  personal  representa- 
tives of  such  injured  party,  and  against  the  person,  re- 
ceiver or  corporation  liable  for  such  injuries  and  his  legal 
representatives,  and  the  liability  and  the  measure  of  dam- 
ages shall  be  the  same  as  if  such  death  or  deaths  had  not 
occurred.     (Laws  1907,  p.  252.) 

Railroad  and  railroad  corporations  or  companies,  as 
used  in  this  article,  defined.  §  5439.  Whenever  the  words 
"railroad  companies"  or  "railroad  corporation"  shall  be 
found  in  any  section  of  this  article,  it  shall  be  taken  and 
construed  to  include  all  companies,  corporations,  person 
or  persons  operating  any  railroad  in  this  State,  and 
wherever  the  word  "railroad"  occurs  in  any  section  in  this 
article  it  shall  be  taken  and  construed  to  include  all  rail- 
roads operated  in  this  State  by  whatever  motive  or  power 
propelled,  and  shall  include  all  railroads  or  railways,  cmn- 
monly  known  as  street  railways,  and  all  railroads  operated 
by  terminal  companies  or  associations,  known  as  "terminal 
railroads"  or  "railways"  as  well  as  all  railways  or  railroads 
operated  anywhere  in  the  State,  commonly  known  as  elec- 
tric railroads,  whether  they  be  wholly  or  in  part  in  the  city 
or  country  districts;  also,  all  railroads  within  the  country 
or  city  operated  by  what  is  commonly  known  as  cable  or 
motor  power  or  by  horse  power.     (Laws  1905,  p.  138.) 

Liability  of  common  carrier  for  loss  or  damage — Who 
may  be  joined  as  defendants.  §  5446.  Whenever  any  prop- 
erty :s  received  by  a  common  carrier  to  be  transferred  from 
one  place  to  another,  within  or  without  this  State,  or  when 
a  railroad  or  other  transportation  company  issues  receipts 
or  bills  of  lading  in  this  State,  the  common  carrier,  rail- 
road or  transportation  company  issuing  such  bill  of  lading 
shall  be  liable  for  any  loss,  damage  or  injury  to  such  prop- 
erty, caused  by  its  negligence  or  the  negligence  of  any  other 
common  carrier,  railroad  or  transportation  company  to 
which  such  property  may  be  delivered,  or  over  whose  line 
such  property  may  pass;  and  the  common  carrier,  railroad 
or  transportation  company  issuing  any  such  receipt  or  bill 
of  lading  shall  be  entitled  to  recover,  in  a  proper  action, 
the  amount  of  any  loss,  damage  or  Injury  it  may  be  re- 
quired to  pay  to  the  owner  of  such  property,  from  the  com- 
mon carrier,  railroad  or  transportation  company,  through 
whose  negligence  the  loss,  damage  or  injury  may  be  sus- 
tained: Provided,  that  in  any  suit  to  recover  for  any 
loss,  damage  or  Injury  to  property  transported  by  a  com- 


810 


National  Association  of  Railway  Commissioners 


mon  carrier  and  one  or  more  connecting  carriers,  tlie  plain- 
tiff may  join  as  defendants  the  original  carrier  and  all 
connecting  carriers,  and  shall  be  entitled  to  recover  in 
such  action  from  the  common  carrier,  railroad  or  trans- 
portation company,  through  whose  negligence  any  loss, 
damage  or  injury,  to  such  property  was  sustained  the 
amount  of  such  loss,  damage  or  injury,  with  all  costs  of 
suit,  and  may  prosecute  such  action  in  any  county  in  this 
State  in  which,  as  is  provided  by  law,  a  suit  may  be  main- 
tained against  either  of  such  common  carriers.  (R.  S. 
1899,  §  5222,  amended.  Laws  1905,  p.  53.) 

DEATH  BY   WRONGFUL   ACT. 

Ax  Act  approved  April  3,  1911,  amends  the  statute  as  to 
the  recovery  of  damages  for  death  by  wrongful  act  so 
that  it  shall  read  as  follows: 
Damages  for  injuries  resulting  in  death  in  certain  cases, 
when  and  by  whom  recoverable.  §  5425.  Whenever  any 
person,  including  an  employe  of  the  corporation,  individual 
or  individuals  hereinafter  referred  to  whose  death  is  caused 
by  the  negligence  of  a  co-employe  thereof,  shall  die  from 
any  injury  resulting  or  occasioned  by  the  negligence,  un- 
sklll  fulness  or  criminal  intent  of  any  officer,  agent,  servant 
or  employe,  whilst  running,  conducting  or  managing  any 
locomotive,  car  or  train  of  cars,  or  any  street  electric  or 
terminal  car  or  train  of  cars,  or  of  any  master,  pilot,  en- 
gineer, agent  or  employe  whilst  running,  conducting  or 
managing  any  steamboat,  or  any  of  the  machinery  thereof, 
or  of  any  driver  of  any  stage  coach,  automobile,  motor 
car  or  other  public  conveyance  whilst  in  charge  of  the  same 
as  a  driver;  and  when  any  passenger  shall  die  from  any 
injury  resulting  from  or  occasioned  by  any  defect  or  in- 
sufficiency in  any  railroad,  whether  the  same  be  a  steam, 
street,  electric  or  terminal  railroad  or  any  part  thereof, 
or  in  any  locomotive,  car,  street  car,  electric  car  or  terminal 
car,  or  in  any  steamboat,  or  the  machinery  thereof,  or  in  any 
stage  coach,  automobile,  motor  car,  or  other  public  con- 
veyance, the  corporation,  individual  or  individuals  in  whose 
employ  any  such  officer,  agent,  servant,  employe,  master, 
pilot,  engineer  or  driver  shall  be  at  the  time  such  injury 
Is  committed,  or  who  owns,  operates  or  conducts  any  such 
railroad,  locomotive,  car,  street  car,  electric  car,  terminal 
car,  automobile,  motor  car,  stage  coach,  or  other  public 
conveyance  at  the  time  any  injury  is  received  resulting 
from  or  occasioned  by  any  defect  or  Insufficiency,  unskill- 
fulness,  negligence,  or  criminal  Intent  above  declared,  or 
any  such  officer,  agent,  servant,  employe,  master,  pilot,  en 
gineer  or  driver,  whose  negligence,  unskillfulness,  or 
criminal  intent  shall  cause  such  injury,  shall  forfeit  and 
pay  as  a  penalty,  for  every  such  person,  employe  or  pas- 
senger so  dying,  the  sum  of  not  less  than  $2,000,  and  not 
exceeding  $10,000,  in  the  discretion  of  the  jury,  which  may 
be  sued  for  and  recovered:  First  by  the  husband  or  wife 
of  the  deceased;  or,  second,  if  there  be  no  husband  or  wife, 
or  he  or  she  fails  to  sue  within  six  months  after  such  death, 
tHen  by  the  minor  child  or  children  of  the  deceased, 
whether  such  minor  child  or  children  of  the  deceased  be  the 
natural  born  or  adopted  child  or  children  of  the  deceased: 
Provided,  that  if  adopted,  such  minor  child  or  children  shall 
have  been  duly  adopted  according  to  the  laws  of  adoption 
tf  the  State  where  the  person  executing  the  deed  of  adop- 
tion resided  at  the  time  of  such  adoption;  or,  third,  if  such 
deceased  be  a  minor  and  unmarried,  whether  such  deceased 
unmarried  minor  be  a  natural  born  or  adopted  child,  if  such 
deceased  unmarried  minor  shall  have  been  duly  adopted 
according  to  the  laws  of  adoption  of  the  State  where  the 
person  executing  the  deed  of  adoption  resided  at  the  time 
of  such  adoption,  then  by  the  father  and  mother,  who  may 
join  in  the  suit,  and  each  shall  have  an  equal  interest  in  the 
judgment;  or  if  either  of  them  be  dead,  then  by  the  sur- 
vivor; or,  fourth,  if  there  be  no  husband,  wife,  minor 
child  or  minor  children,  natural  born  or  adopted  as  here- 
inbefore indicated,  or  if  the  deceased  be  an  unmarried 
minor  and  there  be  no  father  or  mother,  then  in  such  case 
suit  may  be  instituted  and  recovery  had  by  the  adminis- 
trator or  executor  of  the  deceased  and  the  amount  re- 
covered shall  be  distributed  according  to  the  laws  of 
descent,  and  such  corporation,  individual  or  individuals 
or  such  officer,  servant,  agent,  employe,  master,  pilot,  en- 
gineer, or  driver,  may  show  as  a  defense  that  such  death 
was  caused  by  the  negligence  of  the  deceased.  In  suits 
Instituted  under  this  section,  it  shall  be  competent  for  the 
defendant,  for  his  defense,  to  show  that  the  defect  or  In- 
Bufflciency  named  in  this  section  was  not  of  a  negligent 


defect  or  insufficiency,  and  that  the  injury  received  was 
not  the  result  of  unskillfulness,  negligence  or  criminal  in- 
tent. Every  person  who  shall  have  cause  of  action  for  any 
death  through  the  negligence,  unskillfulness,  or  criminal  in- 
tent of  any  servant,  under  the  provisions  of  this  Act,  may 
at  his  option,  bring  suit  thereon  jointly  against  the  m.aster 
and  servant,  or  severally,  against  either  master  or  servant. 

PAY   EVEBY   TWO   WEEKS. 

Be  it  enacted,  etc.: 

Employes  to  be  paid  semi-monthly.  §  1.  All  corpora- 
tions doing  business  in  this  State,  which  shall  employ  any 
mechanics,  laborers  or  other  servants,  shall  pay  the  wages 
of  such  employes  as  often  as  semi-monthly. 

Penalty.  §  2.  Any  corporation  violating  §  1  of  this 
Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
$50,  nor  more  than  $500,  for  each  offense. 

Repealing  conflicting  laws.  §  3.  All  laws  or  parts  of 
laws  in  conflict  with  the  provisions  of  this  Act  are  hereby 
repealed. 

Approved  April  19,  1911. 

DIRECTORS    DEFRAUDING    CORPORATION. 

Be  it  enacted   by  the  general  assembly   of  the  State  of 
Missouri,  as  follows: 

Amending  article  1,  chapter  SS,  Revised  Statutes,  19o0, 
by  adding  new  section.     §  1.     That  article  1,  of  chapter  ;;3, 
of  the  Revised  Statutes  of  Missouri,  1909,  be,  and  the  saru 
is,  hereby  amended  by  adding  thereto  the  following 
tion,  to  be  numbered  3002a: 

Officers  and  directors  personally  liable,  when.  §  30(K 
If  the  officers  and  directors  of  any  corporation  shall  knO 
ingly  purchase  for  the  corporation,  of  which  they  a 
officers  or  directors,  any  property,  real  or  personal,  and 
pay  therefor  more  than  the  actual  value  thereof,  they  shj  11 
be  jointly  and  severally  liable  for  the  debts  of  the  c(  r- 
poration  to  an  amount  equal  to  the  difference  between  tj  e 
purchase  price  of  said  property  bought  and  the  actual  val  le 
therefor:  Provided,  that  if  any  of  the  officers  or  directo -s 
be  absent  at  the  time  of  making  such  purchase,  or  shi  II 
object  thereto,  and  shall  file  their  objection  in  writiE?, 
with  the  clerk  or  other  officer  of  the  corporation  havii  g 
charge  of  the  books,  they  shall  be  exempted  from  the  sa  d 
liability. 

Approved  March  30,  1911. 


ebj- 


;3, 

I 


FALSE   AFFIDAVITS. 


.11 


I 


Be   it   enacted   by   the  general  assembly   of  the   State 
Missouri,  as  follows: 

Penalty  for  making  false  affidavit  or  affirmation.  B 
Every  person  who  shall  wilfully,  corruptly  and  falsely  | 
fore  any  officer  of  this  State  having  a  seal,  under  oathi 
affirmation  voluntarily  make  any  false  affidavit  or  staS 
ment  of  any  nature  concerning  any  corporation,  or  m 
proposed  corporation,  shall  be  deemed  guilty  of  felony,  al 
shall  upon  conviction  be  punished  by  imprisonment  in  tie 
penitentiary  not  exceeding  five  years,  or  by  imprisonm^ 
in  the  county  jail  not  exceeding  one  year.  1 

Approved  March  30,  1911.  ! 

Be  it  enacted  by  the  general  assembly  of  the  State  of  4 

souri,  as  follows:  < 

Passenger    trains    to    stop    at    county    seats  —  Penally. 
§  1.    Amend    §  3098,  article  2,  chapter  33,  Revised  Statut «' 
of   Missouri,    1909,   by  striking   out   the   word   "providec," 
in  line  12,  and  all  of  lines  13  and  14,  so  that  said  secti(in 
shall  read  as  follows:     Section  3098.    Passenger  trains ;(■ 
stop  at  county  seats — penalty. — All  regular  passenger  tratM 
run  by  any  common   carrier  operating  a  railway  in  tils? 
State,  or  by  any  receiver,  agent,  lessee  or  trustee  of  said 
common    carrier,    shall    upon    request    made    by    any   pi  s- 
senger,   or   any   person    desiring   to   become   a   passengtr, 
stop  a  sufficient  length  of  time  at  its  stations  at  all  countT 
seats  within  this  State  to  take  on  and  discharge  such  piis- 
sengers  with  safety;  and  any  engineer,  conductor,  or  other 
agent,  servant  or  employe  of,  or  any  person  acting  for  suoh 
common  carrier,  or  for  any  receiver,  agent,  lessee  or  trtis- 
tee  of  such  common  carrier,  who  violates  any  provision  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
be  punished  by  a  fine  of  not  less  than  $25  nor  more  than 
$100,  or  by  imprisonment  in  the  county  jail  not  less  than 
10  days  nor  more  than  three  months. 

Approved  April  3,  1911. 


Public  Service  Laws 


811 


OBSTBUOTION    OF    CliOSSlXliS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Missouri,  as  follows: 

Railroad  not  to  block  crossings — Penalty.  §  1.  Here- 
after it  shall  be  unlawful  for  any  railroad,  or  railway  com- 
pany, or  for  any  employe  of  any  such  company  to  occupy 
by  means  of  a  car,  or  cars,  or  train  of  cars,  for  more  than 
five  minutes,  any  public  road,  street,  or  highway,  or  any 
public  road  crossing,  within  or  without  any  incorporated 
or  unincorporated  city,  town,  or  village,  having  10,000  in- 
habitants or  less,  and  any  occupancy  of  said  public  road, 
etreet  or  highway,  or  road  crossing  by  a  car  or  cars  or 
train  of  cars  for  more  than  five  minutes  shall  be  a  misde- 
meanor, and  upon  conviction  thereof,  the  said  railroad,  or 
railway  company,  or  any  employe  of  such  company  then  in 
charge  of  and  operating  such  car,  or  cars,  or  train  of  cars, 
shall  be  punished  by  a  fine  of  not  less  than  $25  nor  more 
than  1100:  Provided,  that  nothing  in  this  Act  shall  be 
construed  so  as  to  prevent  the  passage  of  a  car  or  cars, 
or  train  of  cars,  along  streets  where  such  right  has  been 
or  may  hereafter  be  granted  by  an  incorporated  city  or  by 
a  County  Court,  nor  to  the  standing  of  cars  on  "industrial 
tracks"  which  have  been  placed  in  the  street  of  an  incor- 
porated or  unincorporated  city,  town  or  village,  or  on  a 
public  road  by  virtue  of  a  grant  now  enjoyed  or  hereafter 
obtained  from  any  city  council  or  county  court. 

Conflicting  Acts  repealed.  §  2.  All  Acts  or  parts  of 
Acts  in  conflict  with  this  Act  are  hereby  repealed. 

TRAIN    SIGNALS. 

An  Act  to  prohibit  the  meddling  or  interfering  with  train 

movement  signals,  interrupting  train  operations. 
Be  it  enacted   by   the  general  assembly  of   the  State   of 
Missouri,  as  follows: 

Interfering  with  train  movement  signals,  interrupting 
train  operations  misdemeanor — Penalty.  §  1.  Every  per- 
son or  persons  who  shall  intentionally  open,  throw,  change 
or  turn  any  switch,  switch  lamp  or  switch  light,  or  who 
shall  throw,  change,  turn  or  meddle  with  any  block  signal, 
semaphore  arms,  semaphore  lamps  or  lights  being  in  use 
at  the  time  by  any  railroad  company  or  corporation  in  this 
State,  thereby  changing  the  signals  as  to  train  movements 
conveyed  by  such  devices  to  enginemen,  train  crews  and 
others  engaged  in  the  operations  of  engines  or  trains,  and 
who  shall  thereby  cause  trains  or  engines  to  stop  or  cause 
thereby  the  operations  of  engines  and  trains  to  be  inter- 
fered with,  shall,  on  conviction,  be  deemed  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  of  not  less  than  $25 
nor  more  than  $500,  or  by  imprisonment  in  the  county  jail 
for  not  less  than  thirty  days  nor  more  than  12  months,  or 
by  both  such  fine  and  imprisonment:  Provided,  that  this 
section  shall  not  apply  to  any  officer  or  employe  of  such 
railroad  company  or  corporation  while  using  such  device  In 
the  discharge  of  his  duty. 

Approved  April  3,  1911. 

CONTRACTS  LIMITING  LIARILITY. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Missouri,  as  follows: 

Liability  of  common  carriers  not  limited  by  contract. 
{  1.  That  no  contract,  receipt,  rule,  notice  or  regulation 
shall  exempt  any  railway  company  or  corporation,  express 
company  or  corporation  or  any  other  company,  corporation 
or  common  carrier  engaged  in  the  transportation  of  persons 
or  property  from  the  liability  of  a  common  carrier  or  car- 
rier of  passengers  which  would  exist  had  no  contract,  re- 
ceipt, rule,  notice  or  regulation  been  made  or  entered  Into. 

Approved  April  3,  1911. 

PHONES    AT    STATIONS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Missouri,  as  follows: 

Railroads  to  maintain  telephone,  when.  §  1.  Every 
corporation  owning,  controlling  or  operating  a  railroad  In 
this  State  for  the  transportation  of  passengers  shall  install 
and  maintain  in  every  railroad  station,  where  an  agent  la 
kept,  a  telephone  having  proper  connection  with  the  local 
telephone  exchange  having  the  largest  number  of  subscrib- 
ers In  the  city,  town  or  community  in  which  said  railroad 
station  may  be  located,  provided  the  above  shall  not  apply 
to  a  telephone  exchange  where  a  telephone  operator  is  not 
employed. 

Duty  of  agent  or  employe  to  answer  telephone  calls.   §  2. 


It  shall  be  the  duty  of  every  agent  or  employe  of  such  rail- 
road company,  whose  duty  it  shall,  be  to  sell  tickets  or  give 
information  concerning  trains,  to  answer  all  calls  by  tele- 
phone at  such  railroad  station  without  unreasonable  delay, 
and  give  information  to  the  public  concerning  train  sched- 
ules, the  delay  in  same  and  any  other  matters  pertaining 
to  the  duties  of  his  office.  Provided,  however,  that  said 
railroad  company  shall  have  the  right  to  make  an  agree- 
ment with  the  owner  of  such  telephone  exchange,  to  give 
subscribers  thereto  the  desired  information  mentioned  In 
§  1,  aforesaid. 

Penalty.  §  3.  Every  such  railroad  company  or  agent, 
or  employe  thereof,  who  shall  violate  any  of  the  provisions 
of  the  two  preceding  sections  shall  be  adjudged  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  $25  nor  more  than  $200. 

Approved  March  9,  1911. 

CUSPIDORS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Missouri,  as  follows: 

Railroad  and  warehouse  commissioners  to  require  rail- 
roads to  furnish  passenger  coaches  and  reception  room* 
with  cuspidors — To  post  notice — Penalty.  §  1.  The  rail- 
road and  warehouse  commissioners  of  the  State  of  Missouri 
shall  require  all  railroad  companies  to  furnish  each  passen- 
ger reception  room  and  all  passenger  coaches  with  a  suit- 
able number  of  cuspidors,  and  to  post  a  notice  in  large,  bold 
type  in  a  conspicuous  place,  "Ten  dollars  fine  for  spitting 
on  the  floor;"  and  any  person  spitting  on  the  floor  or  any 
part  of  any  such  waiting  room  or  coach  shall  be  deemed 
guilty  of  a  misdemeanor  and  may  be  arrested  by  any  per- 
son authorized  to  make  arrests  and  taken  before  any  mayor, 
police  justice  or  justice  of  the  peace,  and  on  conviction  be 
fined  in  any  sum  not  exceeding  $10,  and  on  failure  to  pay 
such  fine  shall  be  dealt  with  as  in  other  cases  of  misde- 
meanors. 

Emergency.  §  2.  The  fact  that  sanitary  regulation  of 
such  passenger  reception  rooms  and  passenger  coaches 
and  the  preservation  of  the  public  health  makes  necessary 
the  use  of  such  cuspidors  as  provided  herein  creates  an 
emergency  within  the  meaning  of  the  constitution,  there- 
fore this  Act  shall  be  in  full  force  and  effect  from  and  after 
its  passage. 

Approved  March  30,  1911. 

PASSENGERS    TO    BE    SEATED. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Missouri,  as  follows: 

Railroad  and  warehouse  commissioners  empowered  to 
require  all  railroads  to  furnish  passenger  cars — When.  §  1. 
The  board  of  railroad  and  warehouse  commissioners  Is 
hereby  empowered  to  require  all  railroad  companies  to  fur- 
nish a  sufficient  number  of  passenger  cars  or  coaches  to 
comfortably  accommodate  and  seat  all  passengers;  and  It 
any  railroad  company  shall  fall  to  do  so  the  board  of  rail- 
road and  warehouse  commissioners  shall  entertain  the  peti- 
tion of  any  person  cognizant  of  the  facts.  When  such  peti- 
tion is  filed  the  railroad  company  shall  be  notified 
thereof,  and  after  investigating  the  case  the  board  of  rail- 
roaci  and  warehouse  commissioners  shall  make  and  certify 
to  the  railroad  company  such  orders  as  to  the  number  and 
character  of  passenger  cars  or  coaches  necessary  for  the 
public  convenience  as  the  said  commission  shall  deem 
proper;  and  in  any  proceeding  concerning  the  matter  such 
order  of  the  commission  shall  be  deemed  prima  facie  rea- 
sonable and  proper. 

Penalty.  §  2.  Any  individual  company  or  corporation 
violating  the  provisions  of  the  preceding  section  shall,  upon 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor  and 
fined  in  any  sum  of  not  less  than  $50  nor  more  than  $500. 

Approved  March  30,  1911. 

CABOOSES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Missouri,  as  follows: 

Cabooses  to  be  of  certain  size  and  to  have  certain  equip- 
ments. §  1.  Except  when  authorized  by  the  railroad  and 
warehouse  commissioners  to  use  a  caboose  of  a  different 
kind  or  character,  it  shall  be  unlawful  for  any  person,  per- 
sons, partnership  or  corporation,  while  operating  within 
the  State  of  Missouri,  any  railroad  or  railway  in  whole  or 
in  part  within  said  State,  either  as  owner,  lessee  or  re- 
ceiver, to  require  or  permit  the  use  of  any  caboose  cars  in 


812 


National  Association  of  Kailway  Commissioners 


any  commerce,  traffic,  transportation  or  intercourse  between 
two  or  more  points  or  places  wholly  within  said  State,  un- 
less said  caboose  cars  shall  be  at  least  28  feet  in  length, 
exclusive  of  platforms,  and  shall  be  provided  with  a  door  in 
each  end  thereof,  and  with  suitable  water  closets,  cupolas, 
platforms,  not  less  than  30  inches  wide  across  each  end 
thereof,  and  that  said  platforms  shall  be  equipped  with 
guard  rails,  grabirons  and  steps  for  the  safety  of  persons 
in  alighting  or  getting  on  said  caboose  cars,  and  said  ca- 
boose cars  shall  be  equipped  with  at  least  two  four-wheel 
trucks:  Provided,  that  the  provisions  of  this  Act  shall  not 
apply  to  any  caboose  cars  now  in  operation  in  this  State, 
which  now  comply  with  this  Act,  with  the  exception  of  end 
platforms  and  end  doors  as  provided  for. 

Railroad  and  warehouse  commissioners'  duty  to  report 
violation,  to  whom — Penalty.  §  2.  Any  person,  persons, 
partnership  or  corporation,  while  operating  within  said 
State,  either  as  owner,  lessee  or  receiver,  any  railroad  or 
railway  in  whole  or  in  part  within  said  State,  as  stated  in 
§  1  of  this  Act,  and  violating  any  of  the  provisions  of  |  1 
of  this  Act,  shall,  as  to  each  caboose  car  required  or  per- 
mitted to  be  used  in  violation  of  the  provisions  of  said  §  1, 
be  liable  to  the  State  of  Missouri  in  a  penalty  of  not  less 
than  $100  nor  more  than  $500  for  each  offense,  and  such 
penalty  shall  be  recovered,  and  suit  therefor  shall  be 
brought  in  the  name  of  the  State  of  Missouri  by  the  attor- 
ney-general or  under  his  direction,  in  any  court  of  compe- 
-tent  jurisdiction  in  any  county  in  said  State  into  or  through 
which  such  railroad  or  railway  may  run  or  be  operated,  or 
by  the  prosecuting  attorney  of  any  county  in  said  State 
through  or  into  or  out  of  which  such  railroad  or  railway 
may  run  or  be  operated,  or  by  the  circuit  attorney  in  the 
city  of  St.  Louis.  It  shall  be  the  duty  of  the  members  of 
the  board  of  railroad  and  warehouse  commissioners  to  re- 
port the  violations  of  any  of  the  provisions  of  this  Act  to 
the  attorney-general  or  the  prosecuting  attorney  of  any 
county  wherein  the  violation  occurred. 

Employe  not  guilty  of  contributory  negligence,  when. 
I  3.  That  any  employe  of  any  person,  persons,  partnership, 
or  corporation  so  operating  any  such  railroad  or  railway, 
who  may  be  injured  in  consequence  of  the  use  of  any  ca- 
boose car  aforesaid,  contrary  to  the  provisions  of  this  Act, 
shall  not  be  deemed  to  have  assumed  the  risk  thereby 
occasioned,  nor  to  have  been  guilty  of  contributory  negli- 
gence, because  of  continuing  in  the  employment  of  any 
person,  persons,  partnership  or  corporation  aforesaid,  or 
in  the  performance  of  his  duties  as  such  employe,  after  the 
unlawful  use  of  any  such  caboose  car  shall  have  been 
brought  to  his  knowledge. 

Approved  March  30,  1911. 

NUMI5EB   or   TRAINS    TO    BE   RUN. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Missouri,  as  follows: 

Comm,issioners'  duties  and  powers  governing  passenger, 
baggage  and  express  trains  on  independent  railroad  and 
branch  lines  of  25  miles  in  length — connections  with  main 
lines,  etc.  §  1.  The  board  of  railroad  and  warehouse  com- 
missioners of  this  State  are  hereby  authorized,  empowered 
and  directed  to  ascertain,  determine  and  fiix  the  number, 
kind  and  character  of  trains  for  the  carrying  of  passengers, 
baggage  and  express,  that  any  railroad  company  or  corpo- 
ration shall  run  and  operate  on  all  independent  railroads  in 
this  State,  25  miles  or  more  in  length,  and  on  all  branch 
lines  of  railroad,  now  or  hereafter  owned  or  operated  by 
any  person,  company  or  corporation  in  this  State,  whether 
said  branch  lines  be  operated  as  independent  lines  or 
branch  lines,  owned  by  or  operated  with  through  or  trunk 
lines  of  railroad;  and  said  board  is  further  authorized,  em- 
powered and  directed  to  fix,  establish  and  maintain  the 
connections  said  trains,  so  run  and  operated  on  said  branch 
lines,  shall  make  with  the  trains  run  and  operated  on  the 
main  lines  or  other  independent  lines  of  which  said  branch 
lines  are  a  part  or  with  which  it  connects;  and  all  orders 
of  said  board  so  made,  under  the  provisions  of  this  Act, 
shall  be  and  remain  and  be  enforceable,  until  the  same  be 
amended  or  modified  by  said  board. 

Approved  March  30,  1911. 

SAFETY    appliances    AT    CROSSINGS. 

Be  it   enacted  by   the  general  assembly  of  the  State  of 
Missouri,  as  follows: 
Railroad  and  warehouse  commissioners  to  compel  rail- 
roads to  keep  tafety  devices  at  certain  crossings — Penalty. 


§  1.  When  in  the  opinion  of  the  railroad  and  warehouse 
commissioners  the  public  safety  require  that  a  gate  or 
gates,  automatic  alarm  bell  or  other  mechanical  device  bo 
erected  or  maintained  at  any  place  where  a  public  road 
or  street  is  crossed  at  the  saaie  level  by  any  railroad,  and 
which  crossing  has  been  declared  by  said  commissioners 
to  be  a  dangerous  one,  after  investigation,  or  that  a  flag- 
man be  stationed  and  maintained  at  such  dangerous  cross- 
ing, thoy  shall  give  the  superintendent,  manager  or  other 
officer  in  charge  of  such  railroad,  a  written  notice  that 
the  same  is  required,  and  such  company,  person  or  cor- 
poration owning  or  operating  such  railroad  shall  erect  or 
station  the  same  within  such  time  thereafter  as  said  com- 
missioners shall  prescribe.  Any  company,  person  or  cor- 
poration neglecting  or  refusing  to  erect  or  maintain  such 
gate  or  gates,  automatic  alarm  bell  or  other  mechanical  de- 
vice, or  to  maintain  such  flagman,  when  so  required  as 
aforesaid,  shall  forfeit  and  pay  to  the  State  for  every  such 
neglect  the  sum  of  $100  and  the  further  sum  of  $10,  ftjn 
every  day  while  such  neglect  or  refusal  shall  continue. 
Approved  March  30,  1911. 

•STATION    FACILITIES. 

Be   it   enacted   by   the   general   assembly   of   the   State 
Missouri,  as  follows: 

Railroad  and  warehouse  commissioners  to  require  rA 
road  companies  to  provide  sufficient  depot,  storage  and  pS 
form  facilities.  §  1.  The  board  of  railroad  and  warehouse' 
commissioners  are  hereby  directed  to  require  every  ra  1- 
road  company  operating  within  this  State  to  provide  sul  i- 
cient  depot,  storage  and  platform  facilities,  and  hear  all 
complaints  that  may  be  presented  in  writing,  as  to  insuia- 
clent  depot,  storage  or  platform  facilities  for  freight  aid 
passengers  and  shall  make  such  order  thereon  to  secui  e 
the  same  as  the  facts  and  public  convenience  may  warrant. 

Railroad  and  icarehouse  commissioners  to  inspe  t 
depots,  to  require  addition  to  or  alterations  if  necessary-  - 
Penalty.  §  2.  The  railroad  and  warehouse  commissione  s 
are  empowered,  on  complaint,  or  on  their  own  motion,  i  o 
Inspect  depots  and  require  comfortable  and  suitable  ar  d 
sanitary  reception  rooms  for  passengers,  separate  for  tl  e 
sexes  if  they  deem  proper;  and  it  may  require  such  addi- 
tion to  or  alterations  in  passenger  depots  or  station  houa  / 
as  may  be  necessary  in  their  judgment  to  secure  amwj 
comfortable  and  suitable  accommodations  for  all  pass^i 
gers.  And  any  railroad  failing  to  provide  such  receptlf^ 
rooms  or  to  make  the  alterations  or  additions  requir«|lj 
within  the  time  prescribed  by  the  commissioners,  shall  f4| 
feit  the  sum  of  $50  for  each  day  of  such  failure. 

Approved  April  12,  1911. 

ELECTRIC   RAILROADS. 

Be  it   enacted   by   the  general  assembly   of   the   State 
Missouri,  as  follows: 

Steam  or  electric  railroad  three  miles  or  more  in  lena 
public  highways.     §  1.     That  hereafter  any  steam  or  ej 
trie  railroad  three  or  more  miles  in  length,  whether  own 
and   operated   by   corporations,   firm    or   individual,   is 
Glared  to  be  a  public  highway  and  to  be  subject  to  all  ttj 
laws  of  this  State  applicable  to  a  common  carrier.  ,  \ 

Railroad  commission  empowered  to  classify,  and  i 
freight  rates — To  enforce  same.  §  2.  That  the  railrol 
commission  of  the  State  of  Missouri  shall  and  are  hern 
empowered  to  fix  and  regulate  the  rate  of  freight  to  1 
charged  and  classify  the  same,  and  are  given  full  power  at 
authority  to  enforce  the  same  as  is  now  provided  by  la 
for  common  carriers  and  with  like  penalties  for  violatti 
of  any  of  said  rates  when  fixed  by  said  railroad  comnaj 
sion:  Provided,  that  nothing  in  this  Act  shall  prevent  ai|| 
railroad  company  from  buying  and  shipping  material  f 
the  construction  and  maintenance  of  its  own  road. 

Approved  March  30,  1911. 

PASSENGKR    RATES. 

Be  it   enacted   by   the  general  assembly   of   the   State 
Missouri,  as  follows: 

Railroad  and  warehouse  commissioners  authorized 
fix  passenger  rates.  §  1.  The  board  of  railroad  and  ware- 
house commissioners  or  any  other  public  service  commis- 
sion, if  any  which  may  be  hereafter  established  in  its  place 
by  law,  is  hereby  authorized  and  empowered  to  prescribe 
and  fix  maximum  rates  of  fare  for  passenger  travel  within 
this  State  over  the  railroads  therein.     The  rates  so  pre- 


Public  Service  Laws 


813 


scribed  and  fixed  shall  not  exceed  the  maximum  for  such 
rates  which  is  now  or  may  hereafter  be  established  by  any 
law  of  the  State. 

Classification  of  railroads  as  to  gross  passenger  earnings 
— Board  of  railroad  and  warehouse  commissioners  to  fix 
passenger  rates  for  each  class.  §  2.  For  the  purposes  of 
this  Act  the  railroads  within  the  State  shall  be  divided  into 
three  classes,  to  be  designated  as  Class  A,  Class  B  and 
Class  C.  All  railroads  whose  gross  passenger  earnings  from 
State  travel  per  mile  of  its  line  or  road  in  the  State,  not 
including  switches  and  side  tracks;  shall  exceed  the  sum 
of  $1,500  per  annum  shall  be  included  within  Class  A.  All 
railroads  whose  gross  passenger  earnings  from  State  travel 
per  mile  of  its  line  of  road  in  the  State,  not  including 
switches  and  side  tracks,  shall  exceed  the  sum  of  $750  per 
annum,  and  shall  not  exceed  the  sum  of  $1,500  shall  be 
Included  within  Class  B.  All  railroads  whose  gross  passen- 
ger earnings  from  State  travel  per  mile  of  its  line  of  road 
In  the  State,  not  including  switches  and  side  tracks,  shall  not 
exceed  the  sum  of  $750  per  annum,  shall  be  included  within 
Class  C.    The  board  of  railroad  and  warehouse  commission- 


ers, or  any  other  public  service  commission,  it  any,  which 
may  hereafter  be  established  in  its  place  by  law,  is  hereby 
authorized  and  empowered  to  ascertain  and  determine  the 
class  in  which  any  railroad  of  the  State  may  belong,  and 
the  said  board  of  railroad  and  warehouse  commissioners,  or 
any  other  public  service  commission,  if  any,  which  may  be 
hereafter  established  in  its  place  by  law,  is  further  author- 
ized and  empowered  to  prescribe  and  fix  maximum  passen 
ger  fare  for  travel  within  the  State  as  to  each  class  of  rail- 
roads so  established. 

Railroad  and  icarehouse  commissioners,  power  to  re- 
classify and  estaMish  new  rates  for  each  class.  §  3.  The 
board  of  railroad  and  warehouse  commissioners,  or  any 
other  public  service  commission,  if  any,  which  may  be  here- 
after established  in  its  place  by  law,  shall  have  power  from 
time  to  time  as  changing  facts  and  conditions  may  warrant 
to  ascertain  and  determine  anew  the  class  in  which  any 
railroad  of  the  State  may  belong  in  accordance  with  the 
classification  under  the  provisions  of  §  2  of  this  Act  and  to 
establish  new  maximum  rates  for  each  class. 
Approved  April  17,  1911. 


PUBLIC  SERVICE  LAWS  OF  MONTANA 


CONSTITUTIONAL    PROVISIONS. 
ARTICLE  XV. 

CORPORATIONS    OTHER    THAN    MtJNICIPAI,. 

Railroads  public  highways,  etc.  §  5.  All  railroads 
shall  be  public  highways,  and  all  railroad,  transportation 
and  express  companies  shall  be  common  carriers  and  sub- 
ject to  legislative  control,  and  the  legislative  assembly 
shall  have  the  power  to  regulate  and  control  by  law  the 
rates  of  charges  for  the  transportation  of  passengers  and 
freight  by  such  companies  as  common  carriers  from  one 
point  to  another  in  the  State.  Any  association  or  corpora- 
tion, organized  for  the  purpose,  shall  have  the  right  to 
construct  and  operate  a  railroad  between  any  designated 
points  within  this  State  and  to  connect  at  the  State  line 
wih  railroads  of  other  States  and  Territories.  Every  rail- 
road company  shall  have  the  right  with  its  road  to  inter- 
sect, connect  with,  or  cross  any  other  railroad. 

Parallel  and  competing  lines.  §  6.  No  railroad  corpora- 
tion, express  or  other  transportation  company,  or  the 
lessees  or  managers  thereof,  shall  consolidate  its  stock, 
property  or  franchise,  with  any  other  railroad  corporation, 
express  or  other  transportation  company,  owning  or  hav- 
ing under  its  control  a  parallel  or  competing  line;  neither 
shall  it  in  any  manner  unite  its  business  or  earnings  witli 
the  business  or  earnings  of  any  other  railroad  corporation; 
nor  shall  any  oflicer  of  such  railroad,  express  or  other 
transportation  company  act  as  an  officer  of  any  other  rail- 
road, express,  or  other  transportation  company  owning  or 
having  control  of  a  parallel  or  competing  line. 

Discrimination  forbidden.  §  7.  All  Individuals,  associa- 
tions, and  corporations  shall  have  equal  rights  to  have 
persons  or  property  transported  on  and  over  any  railroad, 
transportation  or  express  route  in  this  State.  No  dis- 
crimination in  charges  or  facilities  for  transportation  of 
freight  or  passengers  of  the  same  class  shall  be  made  by 
any  railroad,  or  transportation,  or  express  company, 
between  persons  or  places  within  this  state;  but  excursion 
or  commutation  tickets  may  be  issued  and  sold  at  special 
rates,  provided  such  rates  are  the  same  to  all  persons. 
No  railroad  or  transportation,  or  express  company  shall  be 
allowed  to  charge,  collect,  or  receive,  under  penalties  which 
the  legislative  assembly  shall  prescribe,  any  greater 
charge  or  toll  for  the  transportation  of  freight  or  passen- 
gers to  any  place  or  station  upon  its  route  or  line,  than  it 
charges  for  the  transportation  of  the  same  class  of  freight 
or  passengers  to  any  more  distant  place  or  station  upon 
Us  route  or  line  within  this  State.  No  railroad,  express,  or 
transportation  company,  nor  any  lessee,  manager,  or  other 
employe  thereof,  shall  give  any  preference  to  any  individ- 
ual, association  or  corporation,  In  furnishing  cars  or  motive 
power,  or  for  the  transportation  of  money  or  other  express 
matter. 

Carriers  to  accept  constitution,  i  8.  No  railroad,  ex- 
press or  other  transportation  company  in  existence  at  the 


time  of  the  adoption  of  this  constitution  shall  have  the 
benefit  of  any  future  legislation,  without  first  filing  in  the 
oflice  of  the  secretary  of  State  an  acceptance  of  the  pro- 
visions of  this  constitution  in  binding  form. 

Eminent  domain.  §  9.  The  right  of  eminent  domain 
shall  never  be  abridged  nor  so  construed  as  to  prevent  the 
legislative  assembly  from  taking  the  property  and  fran- 
chises of  incorporated  companies  and  subjecting  them 
to  public  use,  the  same  as  the  property  of  individuals, 
and  the  police  powers  of  the  State  shall  never  be  abridged 
or  so  construed  as  to  permit  corporations  to  conduct  their 
business  in  such  manner  as  to  infringe  the  equal  rights 
of  individuals  or  the  general  well-being  of  the  State. 

Local  consent  for  street  railroad.  §  12.  No  street  or 
other  railroad  shall  be  constructed  within  any  city  or 
town  without  the  consent  of  the  local  authorities  having 
control  of  the  street  or  highway  proposed  to  be  occupied 
by  such  street  or  other  railroad. 

Retrospective  legislation.  §  13.  The  legislative  assembly 
shall  pass  no  law  for  the  benefit  of  a  railroad  or  other 
corporation,  or  any  individual  or  association  of  individuals, 
retrospective  in  its  operation  or  which  imposes  on  the 
people  of  any  county  or  municipal  subdivision  of  the  State 
a  new  liability  in  respect  to  transactions  or  considerations 
already  passed. 

Telegraph  and  telephone  lines.  §  14.  Any  association 
or  corporation,  or  the  lessees  or  managers  thereof,  or- 
ganized for  the  purpose,  or  any  individual,  shall  have  the 
right  to  construct  or  maintain  lines  of  telegraph  or  tele- 
phone within  this  State  and  connect  the  same  with  other 
lines;  and  the  legislative  assembly  shall  by  general  law 
of  uniform  operation  provide  reasonable  regulations  to 
give  full  effect  to  this  section.  No  telegraph  or  telephone 
company  shall  consolidate  with,  or  hold  a  controlling 
interest  in,  the  stock  or  bonds  of  any  other  telegraph  or 
telephone  company  owning  or  having  the  control  of  a 
competing  line,  or  acquire  by  purchase  or  otherwise 
any  other  competing  line  of  telegraph  or  telephone. 

Jurisdiction  over  consolidated  company  retained.  §  15.  If 
any  railroad,  telegraph,  telephone,  express  or  other  corpo- 
ration or  company  organized  under  any  of  the  laws  of 
this  State  shall  consolidate,  by  sale  or  otherwise,  with  any 
railroad,  telegraph,  telephone,  express  or  other  corpora- 
tion, organized  under  any  of  the  laws  of  any  other  State 
or  Territory  of  the  United  States,  the  same  shall  not 
thereby  become  a  foreign  corporation,  but  the  courts  of 
this  State  shall  retain  jurisdiction  over  that  part  of  the 
corporate  property  within  the  limits  of  the  State,  In  all 
matters  that  may  arise,  as  if  said  consolidation  had  not 
taken  place. 

Certain  contracts  with  employes  forbidden.  %  16.  It 
shall  be  unlawful  for  any  person,  company  or  corporation 
to  require  of  its  servants  or  employes,  as  a  condition  of 
their  employment  or  otherwise,  any  contract  or  agreement 


814 


National  Association  of  Eailway  Commissioners 


whereby  such  persons,  company  or  corporation,  shall  be 
released  or  discharged  from  liability  or  responsibility  on 
account  ol  personal  injuries  received  by  such  servants  or 
employes  while  in  the  service  of  such  person,  company  or 
corporation,  by  reason  of  negligence  of  such  person,  com- 
pany or  corporation,  or  the  agents  or  employes  thereof;  and 
such  contracts  shall  be  absolutely  null  and  void. 

Liabilities  attached  to  franchise.  §  17.  The  legislative 
assembly  shall  not  pass  any  law  permitting  the  leasing  or 
alienation  of  any  franchise  so  as  to  release  or  relieve  the 
franchise  or  property  held  thereunder  from  any  of  the  lia- 
bilities of  the  lessor  or  grantor,  or  lessee  or  grantee,  con- 
tracted or  incurred  in  the  operation,  use  or  enjoyment  of 
such  franchise,  or  any  of  its  privileges. 

Term  "corporation"  defined.  §  18.  The  term  "corpora- 
tion," as  used  in  this  article,  shall  be  held  and  construed 
to  include  all  associations  and  joint  stock  companies,  hav- 
ing or  exercising  any  of  the  powers  or  privileges  of  cor- 
porations not  possessed  by  Individuals  or  partnerships; 
and  all  corporations  shall  have  the  right  to  sue,  and  shall 
be  subject  to  sued  In  all  courts  in  like  cases  as  natural 
persons,  subject  to  such  regulations  and  conditions  as  may 
be  prescribed  by  law. 

Dues  from  private  corporations.  §  19.  Dues  from  private 
corporations  shall  be  secured  by  such  means  as  may  be 
prescribed  by  law. 

LAWS  OF  MONTANA. 

BAILBOAD    COMMISSION   ACT   OF    1907. 

Be  it  enacted  hy  the  legislative  assembly  of  the  State  of 
Montana: 

Board  of  railroad  commissioners  created,  etc.  §  1.  There  Is 
hereby  created  and  established  a  board  of  railroad  com- 
missioners Of  the  State  of  Montana,  to  be  known  as  the 
"board  of  railroad  commisioners  of  the  State  of  Montana," 
said  board  to  consist  of  three  members  who  shall  be  quali- 
fied electors  of  the  State.  The  first  board  of  railroad  com- 
missioners shall  be  composed  of  the  following  persons, 
namely:  B.  T.  Stanton  of  Gallatin  county;  Nathan  Godfrey 
of  Lewis  and  Clark  county  and  E.  A.  Morley  of  Silver  Bow 
county. 

The  persons  named  herein  as  commissioners  shall  serve 
until  the  first  Monday  of  January,  1909,  or  until  their  suc- 
cessors are  elected  and  qualified.  At  the  general  election 
to  be  held  in  November,  1908,  there  shall  be  elected  three 
commissioners  for  said  board;  one  for  a  term  of  two 
years,  and  one  for  a  term  of  four  years,  and  one  for  a  term 
of  six  years,  and  until  their  successors  are  elected  and  quali- 
fied. Said  commissioners  when  elected  will  qualify  at  the 
time  and  in  the  manner  provided  by  law  for  other  State 
officers,  and  shall  take  office  on  the  first  Monday  of  January, 
next  after  their  election. 

Each  of  said  members  of  said  board  so  elected  shall 
serve  until  his  successor  is  elected  and  qualified.  Bi- 
ennially thereafter,  at  the  general  election,  one  member 
shall  be  elected  for  a  period  of  six  years,  and  until  his 
successor  is  elected  and  qualified,  to  succeed  the  member 
of  such  board  whose  term  shall  expire  on  the  first  day  of 
January  following.  Any  vacancvy  occurring  in  the  board 
shall  be  filled  by  appointment  by  the  governor,  and  such 
appointee  shall  hold  office  until  the  next  general  election, 
and  until  his  successor  is  elected  and  qualified.  At  the 
biennial  election  following  the  occurrence  of  any  vacancy 
In  the  board,  there  shall  be  elected  one  member  to  fill  out 
the  unexpired  term  for  which  such  vacancy  exists.  No  per- 
son in  the  employ  of,  or  holding  any  official  relations  to 
any  railroad  or  owning  any  stocks,  bonds  or  other  securi- 
ties of  any  railroad,  or  who  is,  or  shall  become  in  any  man- 
ner pecuniarily  interested  in  any  railroad,  or  in  any  stocks, 
bonds  or  other  securities  thereof,  shall  be  a  member  of  said 
board.  Any  member  of  said  board  who,  after  his  election 
or  appointment  to  office,  or  after  his  induction  into  office, 
shall  become  an  employe  of,  or  holder  of  any  official  rela- 
tion to  any  railroad,  or  who  shall  become  an  owner  or 
holder  of  any  stocks,  bonds  or  other  securities  of  any  rail- 
road, or  have  or  acquire  any  pecuniary  interest  in  any 
stocks,  bonds  or  other  securities  of  any  railroad  shall  for- 
feit his  office,  and  the  governor  shall  appoint  a  successor 
thereto  as  herein  provided  in  case  of  a  vacancy  in  said 
board.  No  commissioner  shall  participate  in  any  hearing 
or  proceeding  in  which  he  has  any  pecuniary  interest. 


Oath — Bonds  of  commissioners  and  secretary.  §  2.  Each 
member  of  said  board,  and  each  person  appointed  to  office 
by  said  board,  before  entering  upon  the  duties  of  his  office, 
shall  take  and  subscribe  the  oath  specified  in  §  1,  article 
XIX,  of  the  constitution  of  the  State  of  Montana,  and  such 
oath  shall  be  filed  in  the  office  of  the  secretary  of  State. 
The  members  of  said  board  and  the  secretary  thereof, 
shall  each  give  at  the  same  time  a  bond  to  the  State  In 
the  sum  of  $25,000,  with  sureties  to  be  approved  by  th« 
governor,  conditioned  for  the  faithful  discharge  of  the 
duties  of  their  respective  offices. 

O'ffice — Sessions — Quorum,  e\c.  §  3.  The  office  of  the  board 
shall  be  in  the  city  of  Helena,  and  said  office  shall  always 
be  open  during  business  hours,  legal  holidays  and  non- 
judicial days  excepted.  The  board  shall  hold  sessions  at 
least  once  each  month  in  the  city  of  Helena,  and  at  such 
other  times  and  such  other  places  within  this  State  as  may 
be  expedient.  The  sessions  of  the  board  shall  be  public.  A 
majority  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  all  business.  The  members  of  the  board  of 
railroad  commissioners  shall  have  the  authority  to  admin- 
ister oaths  and  affirmations. 

The  board  shall  have  power  to  adopt  rules  to  gov  am 
its  proceedings,  and  to  regulate  the  mode  and  manner  of 
all  investigations  and  hearings  of  railroad  companies  und 
other  parties  before  it,  in  the  establishment  of  rates,  ordfTS, 
charges  and  other  acts  required  of  it  under  the  law. 

Official  seal.  §  4.  The  board  shall  have  a  seal,  and  such 
seal  shall  have  the  following  words  engraved  thereon: 
"board  of  railroad  commissioners  of  the  State  of  Mon- 
tana," and  said  seal  shall  be  affixed  only  to :  First,  wr  ts, 
second,  authentications  of  a  record  or  other  proceeding,  or 
to  a  copy  of  a  document  on  file  in  the  office  of  the  s  ild 
board.  The  courts  of  this  State  shall  take  judicial  notica 
of  such  seal. 

Organization  of  board.  §  5.  The  board  shall,  Immi  dl« 
ately  after  its  members  have  qualified,  organize  by  eU  ct- 
ing  one  of  its  members  as  chairman,  and  shall  appoln  a 
secretary,  who  shall  possess  the  same  qualifications  as 
members  of  said  board,  to  serve  during  the  pleasure  of  '  he 
board.  Said  board  shall  also  have  the  power  to  appo  nt 
stenographers,  inspectors,  experts  and,  other  persons  wh  -n- 
ever  deemed  expedient  or  necessary  by  said  board  to  '  M 
proper  performance  of  its  duties. 


1 


Salaries.  §  6.  The  salary  of  each  commissioner  shall 
|4,000  per  annum;  the  salary  of  the  secretary  shall  be" 
J3,000  per  annum;  and  the  salary  of  the  stenographer  « tn- 
ployed  by  the  board  shall  be  fixed  and  determined  by  t  lie 
board,  and  shall  not  exceed  the  sum  of  $1,200  per  annv  tn. 
The  salaries  of  the  persons  so  employed  shall  be  paid  as 
other  expenses  of  the  board  are  paid.  The  salaries  of  i  he 
commissioners  and  secretary  shall  be  pai^  from  the  St  te 
treasury  in  equal  quarterly  payments,  payable  April  1  st, 
July  1st,  October  1st  and  January  1st.  m 

Free  transportation — Traveling  expenses.  §  7.  si^ 
commissioners  and  the  persons  in  their  official  empl  )y, 
when  traveling  in  the  performance  of  their  official  dutlas, 
shall  have  a  right  to  free  transportation,  and  to  have  th  ?lr 
actual  and  necessary  traveling  expenses  paid,  the  amou:it« 
to  be  passed  on  by  the  State  board  of  examiners  and  paid 
as  other  expenses  of  the  board.  The  State  shall  furn  sh 
said  board  with  suitable  offices  in  the  State  capitol  bu :ld- 
Ing  at  Helena,  Montana,  and  provide  it  with  all  necessi  ry 
furniture,  stationery  and  printing,  upon  requisitions  sigi  ed 
by  the  chairman  of  said  board. 


jbIP 


Incidental  expenses  allowed.  §  8.  Said  board  shall  a 
be  allowed  the  sum  of  $1,000  per  annum  for  postage,  3X- 
pressage,  and  other  Incidental  expenses.  The  accounts  or 
payments  authorized  by  this  section  shall  be  paid  only 
when  audited  by  the  State  board  of  examiners,  and  ihe 
board  shall  file,  with  its  vouchers  for  such  payments  a 
statement,  verified  by  a  member  of  the  board,  show  ng 
the  names  of  all  persons  employed  and  the  purpose  for 
which  they  were  employed,  and  the  work  performed  by 
them. 

Secretary's  duties.  §  9.  The  secretary  shall  keep  a  full 
and  complete  record  of  all  proceedings  of  the  board,  and  be 
the  custodian  of  its  records,  and  file  and  preserve  at  the 
office  of  the  board  all  books,  maps,  documents  and  papers 
entrusted  to  his  care,  and  be  responsible  to  the  board  for 


Public  Service  Laws 


815 


the   same.      He   shall    perform    such   other    duties    as    the 
board  may  prescribe. 

Service  of  process,  etc.  §  10.  The  process  issued  by  said 
board  shall  be  under  seal  and  extend  to  all  parts  of  the 
State.  Said  board  shall  have  power  to  issue  process  in 
like  manner  as  courts  of  record.  Such  process  may  bo 
served  by  any  person  authorized  to  serve  of  courts  of  rec- 
ord, or  by  any  person  appointed  by  the  board  for  such 
purpose.  In  the  event  the  process  issued  by  the  board  is  a 
subpoena  for  the  attendance  of  a  witness,  and  he  shall  have 
failed,  neglected  or  refused  to  obey  the  same,  the  board  is 
hereby  authorized  to  file  a  petition  with  any  District  Court 
in  the  State,  setting  up  the  facts  and  the  necessity  of  hav- 
ing such  witness  appear  in  such  trial,  and  the  court  shall 
thereupon  summarily  direct  that  a  subpoena  be  issued  out 
of  the  court  requiring  the  attendance  of  any  person  or  per- 
sons as  a  witness  before  the  court;  and  the  board  shall 
thereupon  have  the  power  and  authority  to  examine  such 
witness  before  said  court,  under  oath,  respecting  any  In- 
quiry or  investigation  being  made  by  said  board,  under 
and  pursuant  to  the  provisions  of  this  Act.  The  court  shall 
likewise  when  any  petition  is  filed  stating  the  necessity 
therefor  order  the  production  by  any  person  or  corporation, 
for  examination  in  said  court,  any  books,  papers,  records 
or  files  necessary  or  pertinent  to  any  inquiry  or  investiga- 
tion then  being  made  by  said  board. 

Jurisdiction — Definitions.  §  11.  The  provisions  of  this 
Act  shall  apply  to  the  transportation  of  passengers  and 
property  between  points  within  this  State,  and  to  the  re- 
ceiving, switching,  delivering,  storing  and  handling  of  such 
property,  and  to  all  charges  connected  therewith,  and  shall 
apply  to  railroad  companies,  express  companies,  car  com- 
panies, sleeping  car  companies,  freight  and  freight  lino 
companies,  and  to  any  shipments  of  property  made  from 
any  point  within  this  State  to  any  other  point  within  this 
State,  whether  the  transportation  of  the  same  shall  be 
wholly  within  this  State,  or  partly  within  this  State  and 
partly  within  an  adjoining  State  or  States.  The  term 
"transportation"  shall  include  all  instrumentalities  of  ship- 
ment or  carriage.  The  term  "railroad"  shall  be  taken  to 
mean  any  corporation,  company  or  Individual  owning  or 
operating  any  railroad,  in  whole  or  in  part,  in  this  State. 
It  shall  also  include  express  companies  and  sleeping  car 
companies.  The  term  "board"  in  this  Act  shall  be  taken 
to  mean  the  board  of  railroad  commissioners  of  the  State 
of  Montana.  The  provisions  of  this  Act  shall  apply  to  all 
persons,  firms  or  companies,  incorporated  or  otherwise, 
that  shall  do  business  as  common  carriers  upon  any  of  the 
lines  of  railroad  in  this  State. 

"Railroad"  defined.  §  12.  The  word  "railroad,"  when- 
ever used  in  this  Act  shall  be  held  to  mean  and  include 
railroad  companies,  express  companies,  car  companies, 
sleeping  car  companies,  freight  and  freight  line  companies, 
and  all  common  carriers. 

Powers  of  commission — To  classify — To  fix  rates — Com- 
plaints. §  13.  The  power  and  authority  is  hereby  vested 
in  the  said  board,  and  it  is  hereby  made  its  duty  to  adopt 
as  soon  as  practicable  after  the  organization  of  the  board, 
all  necessary  rates,  charges  and  regulations  to  govern  and 
regulate  freight  and  passenger  tariffs,  to  correct  abuses 
and  prevent  unjust  discrimination  and  extortion  in  the 
rates  of  freight  and  passenger  tariffs  on  the  different  rail- 
roads in  this  State,  and  to  make  the  same  eitective  by  en- 
forcing the  penalties  prescribed  in  this  Act. 

The  said  board  shall  have  the  power,  and  it  shall  be  its 
duty,  to  fairly  and  justly  classify  and  subdivide  all  freight 
and  merchandise  of  whatsoever  character  that  may  be 
transported  over  the  railroads  of  this  State,  into  such 
general  and  special  classes  or  subdivisions  as  may  be 
deemed  necessary  or  expedient.  The  said  board  may  fix 
different  rates  for  different  railroads  and  for  different  lines 
under  the  same  management,  or  for  different  parts  of  the 
game  lines,  if  found  necessary  to  do  justice,  and  may  make 
rates  for  express  companies  different  from  the  rates  fixed 
'  for  railroads. 

[  Said  board  shall  also  have  the  power,  and  it  shall  be 
I  Its  duty,  to  fix  and  establish  for  all  or  any  connecting  lines 
i  of  railroad  in  this  State  reasonable  joint  rates  of  freight 
I  charges  for  the  various  classes  of  freight,  and  cars  that  may 
j  pass  over  two  or  more  lines  of  such  railroads.  The  rates. 
I  tolls  or  charges  on  any  property  which  shall  for  any  rea- 
I  pon  remain  unclassified  by  the  board  shall  not  in  any  event 
fxceed  the  highest  rates  fixed  for  any  classification  by  said 


board.  And  it  shall  be  within  the  province  of  the  board 
to  entertain  and  hear  complaints  made  by  any  shipper  to 
the  effect  that  unjust  discrimination  is  being  made  aa 
against  the  State  of  Montana  or  any  point  therein  In 
the  way  of  rates  for  the  transportation  of  freight  or  pas- 
sengers from  points  without  the  State,  to  points  within  the 
State  and  vice  versa;  and  in  proper  cases,  where  it  ap- 
pears that  the  United  States  Interstate  Commerce  Com- 
mission law  has  been  violated,  it  Is  hereby  made  the  duty 
of  said  board  to  make  complaint  to  the  Interstate  Com- 
merce Commission  of  the  United  States  and  to  aid  such 
Commission  in  any  investigation  it  may  make  concerning 
violations  of  the  United  States  law,  by  furnishing  evidence, 
and  in  any  other  manner  which  may  seem  best  suited  to 
enforce  both  the  United  States  and  State  law,  and  to  pro- 
tect the  interests  of  the  people. 

Schedules  of  rates.  §  14.  When  any  schedules  shall 
have  been  made  or  revised,  it  shall  be  the  duty  of  said 
commissioners  to  cause  notice  thereof  to  be  published  for 
two  successive  weeks  in  some  newspaper  published  In 
the  city  of  Helena,  which  notice  shall  state  the  date  of 
taking  effect  of  said  schedule,  and  said  schedule  shall  take 
effect  at  the  time  so  stated  in  such  notice,  and  a  printed 
notice  of  such  schedule  shall  be  conspicuously  posted  by 
such  common  carrier  in  each  freight  office,  and  passenger 
depot  upon  its  lines;  provided,  that  before  finally  fixing  and 
deciding  what  the  original  maximum  rates  and  classification 
shall  be,  it  shall  be  the  duty  of  the  railroad  commissioners 
to  publish  10  days'  notice  in  two  daily  papers,  one  of  which 
is  published  in  the  city  of  Helena,  setting  forth  in  such 
notice  that  at  a  certain  time  and  place  they  will  proceed 
to  fix  and  determine  such  maximum  rates  and  classifica- 
tion; and  they  shall  at  such  time  and  place,  and  as  soon 
as  practicable,  afford  to  any  person,  firm,  corporation  or 
common  carrier  who  may  desire  it,  an  opportunity  to  make 
an  explanation  or  showing  or  to  furnish  information  to 
said  railroad  commissioners  on  the  subject  of  determining 
and  fixing  such  maximum  rates  and  classification.  All 
classifications  and  rates  fixed  and  established  by  the  board 
shall  become  effective  20  days  after  the  railroad  affected 
thereby  shall  have  received  certified  copies  thereof  from 
said  board.  Each  railroad  affected  by  the  provisions  of 
this  Act  shall  display  in  a  conspicuous  place  in  each  of  Its 
stations  in  the  State,  a  schedule  printed  in  plain  legible 
English  type,  showing  all  classifications  and  rates  fixed 
and  established  by  the  said  board. 

Any  failure  or  refusal  on  the  part  of  any  railroad  to 
comply  with  the  provisions  of  this  section  shall  subject 
such  railroad  to  a  penalty  of  not  less  than  $100,  nor  more 
than  $500  for  each  day  that  such  failure  or  neglect  Is  con- 
tinued. 

May  amend,  or  abolish,  rates  or  classifications.  §  15.  The 
said  board  shall  have  the  power  from  time  to  time  to 
change,  alter,  amend  or  abolish  any  classification  or  rate 
established  by  it  when  deemed  necessary,  and  such 
amended,  altered  or  new  clessifioations  or  rates  shall  be  put 
into  effect  in  the  same  manner  as  original  classifications 
or  rates. 

The  said  board  shall  make  and  establish  reasonable  rates 
for  the  transportation  of  passengers  over  each  and  all  of 
the  railroads  subject  hereto,  and  shall  prescribe  rates, 
tolls,  and  charges  for  all  other  services  performed  by  any 
railroad  subject  hereto.  The  said  board  must,  within  40 
days  after  the  filing  with  such  board  of  a  complaint  by  a 
shipper,  or  other  person  interested,  proceed  to  investigate 
and  determine  the  justness  and  reasonableness  of  any 
classification,  rate,  charge,  toll,  regulation  or  order  made 
by  said  board. 

Duties,  powers  and  authority.  §  16.  The  board  shall 
have  the  general  supervision  of  all  railroads,  express  com- 
panies, car  companies,  sleeping  car  companies,  freight  and 
freight  line  companies,  and  any  common  carrier  engaged 
in  the  transportation  of  passengers  or  property  in  this 
State,  in  all  matters  pertaining  to  the  duty  of  said  board 
and  within  its  power  and  authority  under  the  provisions 
of  this  Act  and  shall  investigate  any  alleged  neglect  or  vio- 
lation of  the  laws  of  the  State  by  any  railroad  or  other 
company  above  specified  doing  business  therein  or  by  the 
officers,  agents,  or  employes  thereof.  The  board  shall  also 
have  the  power  and  authority,  and  it  shall  be  its  duty,  to 
examine  and  inspect,  or  cause  to  be  examined  and  In- 
spected, under  its  authority,  all  books,  records,  files  and 
papers  of  the  persons  and  companies  specified  above.  In 


816 


Katioxal  Association  of  Railway  Commissionebs 


BO  far  as  the  same  may  be  pertinent  to  any  matter  under 
Investigation  before  said  board,  and  to  hear  and  take  testi- 
mony in  the  progress  of  any  inquiry  or  investigation  au- 
thorized by  this  Act. 

Railroad  accidents  to  be  investigated.  §  16a.  The  said 
board  or  some  members  thereof,  to  be  deputed  by  it,  shall 
investigate  and  make  inquiry  into  every  accident  occurring 
In  the  operation  of  any  railroad  in  this  State,  resulting  in 
death  or  injury  to  any  person,  of  such  gravity  as  to  re- 
quire the  attention  of  a  physician  or  surgeon,  or  in  the 
destruction  of  property  greater  in  value  than  $2,000.  The 
testimony  taken  on  any  such  hearing  shall  be  transcribed 
and  filed  in  the  office  of  the  board. 

Accidents  must  he  reported  by  railroad  company.  §  17. 
It  is  hereby  made  the  duty  of  every  railroad  company 
operating  any  line  of  railroad  within  this  State,  promptly 
upon  the  occurrence  or  in  connection  with  the  operation 
of  its  line  within  the  State,  of  any  accident  such  as  is 
mentioned  in  the  next  preceding  section,  to  report  the  same 
to  the  board  of  railroad  commissioners,  in  which  report 
shall  be  stated  the  time  and  place  of  the  accident,  the 
names  of  the  persons  killed  or  injured,  and  the  value  of  any 
property  destroyed. 

Subpoenas — Witnesses,  per  diem  and  mileage — -Exemp- 
tions. §  18.  The  said  board  in  making  any  examination 
or  investigation  provided  for  in  this  Act,  shall  have  the 
power  to  issue  subpoenas  for  the  attendance  of  witnesses, 
by  such  rules  as  they  may  prescribe.  Each  witness  shall 
receive  the  sum  of  $3  per  day,  together  with  the  sum  of 
5  cents  per  mile  traveled  by  the  nearest  practicable  route 
in  going  to  and  returning  from  the  place  of  meeting  of  said 
commission.  And  no  witness  furnished  with  free  trans- 
portation shall  receive  mileage  for  the  distance  he  may 
have  traveled  on  such  free  transportation.  No  person  shall 
be  excused  from  attending  or  testifying,  or  producing  any 
books,  papers,  documents,  or  any  thing  or  things,  before 
any  court  or  magistrate,  or  commissioner  or  board,  upon 
any  investigation,  proceeding  or  trial  under  the  provisions 
of  this  Act  or  for  any  violation  of  any  of  them,  upon  the 
ground  or  for  the  reason  that  the  testimony  or  evidence 
documentary  or  otherwise  required  of  him,  may  tend  to 
convict  him  of  a  crime,  or  to  subject  him  to  a  penalty  or 
forfeiture;  but  no  person  shall  be  prosecuted  or  subjected 
to  any  penalty  or  forfeiture  for  or  on  account  of  any  trans- 
action, matter  or  thing  concerning  which  he  may  so  testify, 
or  produce  evidence;  and  no  testimony  or  evidence  so 
given  or  produced  shall  be  received  against  him  upon  any 
civil  or  criminal  proceeding,  action  or  investigation. 

Train  service.  §  19.  The  board  shall  have  the  power, 
and  it  shall  be  its  duty,  to  compel  any  and  all  railroads 
subject  hereto,  to  provide,  maintain  and  operate  sufficient 
train  service,  both  freight  and  passenger,  for  the  proper  and 
reasonable  accommodation  of  the  public,  and  to  provide 
and  maintain  suitable  waiting  rooms  for  passengers,  and 
suitable  rooms  for  freight  and  baggage  at  all  stations. 

Attorney-general  to  be  counselor  of  board — County  at- 
torneys— Special  counsel.  §  20.  The  attorney-general  is 
hereby  constituted  the  attorney  and  counselor  of  said 
board,  and  the  county  attorney  of  every  county  in  the 
State  shall,  on  the  request  and  at  the  direction  of  the 
attorney-general,  assist  in  all  cases,  proceedings  and 
investigations  undertaken  by  said  board  under  this  law 
in  his  own  county:  Provided,  that  said  board  shall  have 
power  and  authority  to  employ  special  counsel,  with 
the  consent  and  approval  of  the  attorney-general  to 
assist  in  any  case,  matter,  proceeding  or  investigation 
instituted  under  this  law. 

It  is  hereby  made  the  duty  of  the  attorney-general, 
upon  direction  of  said  board  and  of  the  county  attorney 
of  each  county  in  this  State,  upon  directioii  of  the 
attorney-general  to  institute  and  prosecute,  and  to  appear 
and  defend,  any  action  or  proceeding  arising  under  the 
provisions  of  this  law. 

All  suits  and  proceedings  filed  in  any  court  of  this 
State,  under  the  provisions  of  this  law,  shall  have  pre- 
cedence over  all  other  business  in  such  court,  save  and 
except  criminal  business  and  original  proceedings  in 
the  Supreme  Court.  The  fees  and  expenses  of  addi- 
tional counsel  shall  be  fixed  and  determined  by  the 
State  board  of  examiners,  and  allowed  and  paid  as  items 
of  expense  the  same  as  other  items  of  expense  of  said 
board  of  railroad  commissioners. 


Actions  to  review,  in  District  Court.  |  21.  Actions  to 
review  the  determination  of  the  board  fixing  any  classi- 
fication, rate,  toll,  charge,  regulation  or  order,  or  the 
refusal  of  said  board  to  make,  fix  or  establish  any 
classification,  rate,  toll,  charge,  regulation  or  order,  shall 
be  commenced  in  the  District  Court  of  the  county  having 
jurisdiction  thereof  by  the  filing  of  a  complaint,  duly 
verified  as  provided  for  the  verification  of  pleadings  in 
civil  actions,  and  notice  may  be  served  upon  the  party 
defendant,  either  by  summons  issued  and  served  as 
provided  for  in  the  Code  of  Civil  Procedure  in  civil 
actions,  or  the  court  may  issue  an  order  directed  to  the 
defendant  requiring  him  to  answer  the  complaint  at 
such  time  as  the  court  may  deem  reasonable:  Provided, 
however,  that  such  time  shall  not  be  less  than  five  days 
from  the  tjme  of  the  service  of  such  order.  Upon  the 
appearance  of  the  defendant,  he  may  deny  or  admit  the 
facts  set  forth  in  said  complaint  by  answer,  which  shall 
be  verified  as  the  pleadings  in  other  civil  actions.  If, 
upon  the  hearing,  the  court  shall  find  that  the  rates  fixed 
or  the  classifications  made  are  unjust  and  unreasonable, 
it  shall  thereupon  be  the  duty  of  said  board  to  make 
new  rates  or  a  reclassification,  as  the  case  may  be.  All 
orders  or  notices  required  under  the  provisions  of  this 
section  may  be  issued  by  the  court  or  by  the  judge 
thereof  at  chambers. 

Rebates.  §  22.  If  any  railroad  subject  hereto,  directly 
or  indirectly,  or  by  any  special  rate,  rebate,  drawbi.ck 
or  other  device,  shall  charge,  demand  or  receive  frsm 
any  person,  firm  or  corporation  a  greater  or  less  c(  m- 
pensation  for  any  service  rendered,  or  to  be  render  ?d, 
in  the  transportation  of  property,  subject  to  the  provisi(  ns 
of  this  Act,  than  that  fixed  by  the  said  board  of  railn  ad 
commissioners  for  such  service,  such  railroad  shall  be 
deemed  guilty  of  extortion,  and  shall  forfeit  and  i  ay 
to  the  State  of  Montana  not  less  than  |500  nor  mnre 
than  $2,000  for  each  offense:  Provided,  that  noth  ng 
herein  shall  be  so  construed  as  to  prevent  any  railr(  ad 
or  railroad  corporation  from  giving  excursion  rates  to 
or  from   any  point  within   or  without  the   State. 

Overcharges.  §  23.  If  any  railroad  subject  to  this  J  ct, 
or  its  agents  or  officers,  shall  hereafter  collect,  char  ;e, 
demand  or  receive  from  any  person,  company,  firm  or 
corporation,  a  greater  rate,  charge  or  compensation  tl  an 
that  fixed  and  established  by  the  said  board  of  railrt  ad 
commissioners  for  the  transportation  of  freight,  p  is- 
sengers  or  cars,  or  for  the  use  of  any  car  on  the  1  ae 
of  its  railroad,  or  any  line  operated  by  it,  or  for  rec(  iv- 
ing,  forwarding,  handling  or  storing  any  such  frei;  ht 
car,  or  for  any  other  service  performed,  or  to  be  i  ^r- 
formed  by  it,  such  railroad  and  its  agents  and  offlc  rs 
shall  be  deemed  guilty  of  extortion,  and  shall  forfeit  i  nd 
pay  to  the  State  of  Montana  a  sum  not  less  than  $..{ 
nor   more   than    $2,000.  | 

District  Court  jurisdiction — Proceedings — Precedent  ^ 
Burden  of  proof.  §  24.  The  District  Court  shall  have  ju  i* 
diction  to  enforce  by  proper  decree,  injunction  or  ore  er, 
the  rates,  classifications,  rulings,  orders  and  regulati  )n8 
made  or  established  by  the  commission.  The  proceed- 
ing therefor  shall  be  by  equitable  action  in  the  name  of 
the  State,  and  shall  be  instituted  by  the  attorney-general 
or  county  attorney,  whenever  advised  by  the  board  t  lat 
any  railroad  is  violating  or  refusing  to  comply  with  !  ny 
rule,  order,  rate,  classification  or  regulation  made  by 
the  commission  and  applicable  to  such  railroad.  Such 
proceedings  shall  have  the  precedence  over  all  otier 
business  in  such  courts,  except  criminal  business.  In 
any  action  the  burden  of  proof  shall  rest  upon  he 
defendant,  who  must  show  by  clear  and  satisfact  iry 
evidence  that  the  rule,  order,  regulation,  rate  or  classi- 
fication involved  is  unreasonable  and  unjust  as  to  them. 
If  in  such  action,  it  be  the  decision  of  the  court  tiat 
the  rule,  regulation,  order,  rate  or  classification  is  act 
BO  unreasonable  or  unjust,  and  that  in  refusing  com- 
pliance therewith  the  railroad  is  thereby  failing  or 
omitting  the  performance  of  any  duty,  debt  or  obligation, 
the  court  shall  decree  a  mandatory  and  perpetual  In- 
junction compelling  obedience  to,  and  compliance  with, 
the  rule,  regulation,  order,  rate  or  classification  by  the 
defendant  and  its  officers,  agents,  servants  and  employes, 
and  may  grant  such  other  relief  as  may  be  deemed 
just  and  proper.  Any  violation  of  such  decree  shall 
render    the    defendant    and    officer,    agent,    servant    or 


IIU 

I 


Public  Service  Laws 


817 


servants  or  employe  of  the  defendant,  who  Is  in  any 
manner  instrumental  in  such  violation,  guilty  of  con- 
tempt, and  shall  be  punishable  by  a  fine  not  exceeding 
$1,000  for  each  offense,  or  by  imprisonment  of  the 
person  guilty  of  contempt  until  he  shall  sufficiently 
purge  himself  therefrom,  and  such  decree  shall  continue 
and  remain  in  effect  and  be  in  force  until  the  rule, 
regulation,  order,  rate  or  classification  shall  be  modified 
or  vacated  by  the  board:  Provided,  however,  that 
nothing  herein  contained  shall  be  construed  to  deprive 
either  party  to  such  proceedings  of  the  right  to  trial  by 
Jury,  as  provided  by  the  seventh  amendment  to  the 
Constitution  of  the  United  States,  or  as  provided  by 
the  constitution  of  this  State.  An  appeal  shall  lie  to  the 
Supreme  Court  from  the  decree  in  such  action,  and  the 
cause  shall  have  precedence  over  all  other  civil  actions 
of   a   different    nature    pending   in    the    Supreme    Court. 

Appeals,  precedence  of.  §  25.  Appeals  may  be  taken  to 
the  Supreme  Court  from  the  judgment  of  any  District 
Court  in  any  action  brought  under  the  provisions  of  this 
Act;  such  appeals  shall  have  precedence  over  all  other 
business,  except  criminal  business,  and  original  pro- 
ceedings in  such  court,  and  shall  be  heard  and  deter- 
mined as  are  appeals  in  civil  actions. 

Recovery  of  excess  payments — Limitation.  5  26.  Any 
sum  or  amount  of  money  paid  to  any  railroad  by  any 
person  or  shipper  in  excess  of  the  rates,  tolls  or  charges 
fixed  and  established  by  the  board  for  such  service 
may  be  recovered  from  such  railroad  by  the  person  or 
shipper  In  any  action  instituted  and  maintained  in  the 
District  Court  of  the  county  in  which  such  payment 
was  made:  Provided,  such  action  shall  be  brought 
within  12  months  from  the  date  of  such  payment.  No 
contract  or  agreement,  written  or  otherwise,  between 
such  person  or  shipper  and  the  said  railroad,  shall  be 
admissible  in  evidence  for  the  purpose  of  showing  a 
waiver  of  the  right  given  by  this  section.  No  voluntary 
payment  by  any  person  or  shipper  of  any  such  excess 
or  overcharge  to  any  railroad  shall  be,  or  held  to  be  a 
waiver  on  the  part  of  such  person  or  shipper  of  the 
right  to  sue  and  recover  for  such  excess  or  overcharge, 
as  provided  for  in  this  section.  If,  upon  the  trial  of 
such  action.  It  shall  satisfactorily  appear  to  the  court  or 
jury  that  such  overcharge  was  wilfully  made,  the  per- 
son or  shipper  bringing  the  said  action  shall  be  awarded 
damages  in  treble  the  amount  of  such  excess  or  over- 
charge, together  with  the  costs  and  expenses  of  such 
action,  including  a  reasonable  attorney's  fee,  to  be  taxed 
and   collected  as  other  costs  in   the   action. 

Action  by  railroad  as  to  rates.  §  27.  Any  railroad  may 
bring  an  action  in  the  District  Court  of  the  county  where 
the  principal  office  or  place  of  business  is  situated,  or 
In  any  action,  bearing  or  proceeding  in  any  court,  the 
charge,  regulation  or  order  of  the  board  is  applicable, 
against  the  said  board  as  defendant,  to  determine  whether 
or  not  any  such  classification,  rate,  toll,  charge,  regula- 
tion or  order  made,  fixed  or  established  by  the  board 
under  the  provisions  of  this  Act  is  just  and  reasonable: 
Provided,  that  until  the  final  decision  in  any  such  action 
the  classification,  rate,  toll,  charge,  regulation  or  order 
of  the  board  affecting  rates  or  charges  shall  be  deemed 
to  be  final  and  conclusive;  and  provided,  further,  that 
In  any  action,  bearing  or  proceeding  in  any  court,  the 
classification,  rate,  tolls,  charges,  regulations  and  orders 
made,  fixed  and  established  by  said  board  shall  prima 
facie  be  deemed  to  be  just,  reasonable  and  proper.  All 
costs  and  expenses  incurred  in  the  hearing,  trial  or 
appeal  of  any  action  brought  under  this  section  shall 
be  fixed  and  assessed  as  by  the  court  may  seem  just 
and   equitable. 

Action  hy  shipper.  §  28.  Any  shipper,  or  other  person 
Interested,  may  bring  an  action  in  the  District  Court 
of  the  county  where  the  principal  office  or  place  of 
business  of  such  railroad  is  situated,  or  In  any  county 
where  any  classification,  rate,  toll,  charge,  regulation 
or  order  of  the  board  is  applicable,  against  the  said 
board  of  railroad  commissioners  as  defendant,  to  deter- 
mine whether  or  not  any  such  classification,  rate,  toll, 
charge,  regulation  or  order  made,  fixed  or  established 
by  the  board  under  the  provisions  of  this  Act  is  just 
and  reasonable:  Provided,  that,  until  the  final  decision 
in  any   such   action,   the  classification,   rate,  toll,  charge, 


regulation  or  order  of  the  board  affecting  rates  or 
charges  shall  be  deemed  to  be  final  and  conclusive,  ex- 
cept as  herein  otherwise  provided;  and  provided,  further 
that  in  any  action,  hearing  or  proceeding  in  any  court, 
the  classifications,  rates,  tolls,  charges,  regulations  and 
orders  made,  fixed  and  established  by  said  board  shall 
prima  facie  be  deemed  to  be  just,  reasonable  and  proper. 
Costs  shall  be  awarded  in  all  actions  brought  under  the 
provisions   of   this   section   as   in    other   civil    causes. 

Violation  of  Act — Penalty.  §  29.  If  any  railroad  shall 
wilfully  violate  any  provision  of  this  Act,  or  shall  do 
any  other  act  herein  prohibited,  or  shall  refuse  to  per- 
form any  and  all  lawful  orders  emanating  from  said 
railroad  commission  relating  to  rates  and  charges,  or 
any  other  duty  enjoined  upon  it,  for  which  a  penalty  has 
not  herein  been  provided,  for  every  such  act  of  viola- 
tion it  shall  pay  to  the  State  of  Montana  a  penalty  of 
not   more   than   $500. 

Disposition  of  penalties.  §  30.  All  penalties  and  for- 
feitures incurred,  levied  and  made  under  the  provisions 
of  this  Act  shall  be  collected  by  said  board  of  railroad 
commissioners  and  paid  over  to  the  State  treasurer  and 
credited  to  the  general  fund:  Provided,  however,  that 
should  the  said  board  fail  or  refuse  to  Institute  appro- 
priate action  for  the  recovery  of  any  penalty  or  forfeiture 
provided  for  herein,  for  the  space  of  60  days  after 
notice  of  the  cause  of  complaint  by  such  person  or  ship- 
per aggrieved,  such  person  or  shipper  may  institute  and 
prosecute  such  action  in  the  name  of  the  State  against 
such  railroad,  in  the  same  manner  as  could  the  said 
board. 

Soliciting  or  receiving  favors,  gifts  or  gratuities  pro- 
hibited. S  31.  No  railroad  commissioner,  nor  the  said 
secretary  shall,  directly  or  indirectly,  solicit  or  request 
from  or  recommend  to  any  railroad  corporation,  or  any 
officer,  attorney  or  agent  thereof,  the  appointment  of 
any  person  "to  any  place  or  position.  Nor  shall  any 
railroad  corporation.  Its  attorney  or  agent,  offer  any 
place,  appointment  or  position  or  other  consideration  to 
such  commissioners  or  either  of  them,  nor  to  any  clerks 
or  employes  of  the  commission  or  of  the  board,  neither 
shall  the  commissioners  or  either  of  them,  nor  their 
secretary,  clerks,  agents,  employes  or  experts,  accept, 
receive  or  request  any  pass  from  any  railroad  in  this 
State,  for  themselves  or  for  any  other  person,  except  as 
herein  otherwise  provided,  or  any  present,  gift  or 
gratuity  of  any  kind  from  any  railroad  corporation,  and 
the  request  or  acceptance  by  them,  or  either  of  them, 
except  as  herein  specified,  of  any  such  place  or  position, 
pass,  presents,  gifts  or  other  gratuity,  shall  work  a 
forfeit  of  the  office  of  the  commissioner  or  commissioners, 
secretary,  clerk  or  clerks,  agents  or  agents  and  em- 
ploye or  employes,  expert  or  experts,  requesting  or 
accepting  the  same.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by  a 
fine  of  not  more  than  $500  or  imprisonment  not  metre 
than  six  months,  or  by  both  such  fine  and  imprisonment. 

Annual  reports  by  railroads.  §  32.  The  board  shall  re- 
quire verified  annual  reports  from  each  and  every  rail- 
road owning,  operating  or  having  any  line  of  railroad 
in  this  State,  prescribe  the  manner  in  which  such  re- 
ports shall  be  made,  and  may  require  specific  answers 
to  all  questions  upon  which  the  board  may  desire  informa- 
tion. It  shall  be  the  duty  of  the  president  or  other 
officer  in  charge  of  such  railroad  to  make  such  report 
and  answers  to  the  board.  The  board  may,  at  such 
other  times  as  it  may  deem  necessary,  require  such 
other  information,  statements  or  reports,  as  may  be 
deemed  necessary,  and  fix  the  time  for  filing  of  the  same. 
Any  railroad  failing  or  refusing  to  make  or  file  such 
annual  report,  or  failing  or  refusing  to  furnish  such 
additional  information,  statements  or  reports,  as  may 
be  demanded  by  the  board,  shall  forfeit  the  sum  of  $500 
for  each  day  that  such  refusal  or  neglect  shall  be  con- 
tinued. 

Annual  report  of  board  to  governor.  5  33.  Said  board 
shall  make  and  submit  to  the  governor  annual  reports 
containing  a  full  and  complete  account  of  the  transaction 
of  their  office,  together  with  such  facts,  suggestions  and 
recommendations  as  may  be  by  them  deemed  necessary, 
which  report  shall  be  published  as  the  reports  of  other 
departments   of   the    State.     The    said    report    shall    con- 


818 


National  •Association  of  Eailway  Commissioners 


tain  a  statement  as  to  the  number  of  accidents  investi- 
gated by  the  board,  as  herein  provided,  and  the  number 
of  persons  killed  or  Injured  in  them,  and  generally  the 
causes  of  such  accidents. 

Duty  of  board  to  enforce  and  prosecute.  §  34.  It  is 
hereby  made  the  duty  of  such  board  to  see  that  the 
provisions  of  this  Act  and  all  laws  of  this  State  con- 
cerning railroads  are  enforced  and  obeyed,  and  that 
violations  thereof  are  promptly  prosecuted  aid  penalties 
due  the  State  therefor  recovered  and  collected.  And 
said  board  shall  report  all  such  violations,  with  the  facts 
In  their  possession,  to  the  attorney-general  or  other 
oflBcer  charged  with  the  enforcement  of  the  laws,  and 
request  him  to  institute  the  proper  proceedings;  and  all 
suits  between  the  State  and  any  railroad  shall  have 
precedence  in  all  courts  over  all  civil  causes,  original 
proceedings  in  the  Supreme  Court  excepted.  If  any  com- 
t  mlssioner  shall  fail  to  perform  his  duties  as  provided  for 
In  this  Act,  he  may  be  removed  from  office,  as  provided 
for  by  title  II,  chapter  II,  part  II,  of  the  Penal  Code, 
and,  upon  complaint  made  and  good  cause  shown,  the 
governor  is  authorized  to  suspend  any  commissioner  or 
commissioners,  and  if,  in  his  judgment,  the  exigencies 
of  the  case  require,  the  governor  is  authorized  to 
appoint  temporarily  some  competent  person  or  persons 
to  perform  the  duties  of  such  suspended  commissioner  or 
commissioners  during  the  period  of  such  suspension. 

Right  of  action  not  released  or  waived.  §  35.  This  Act 
shall  not  have  the  effect  to  release  or  waive  any  right  of 
action  by  the  State  or  any  person  for  any  right,  penalty 
or  forfeiture  which  may  have  arisen,  or  may  hereafter 
arise,  under  any  law  of  this  State,  and  all  penalties 
accruing  under  this  Act  shall  be  cumulative  to  each 
other,  and  a  suit  for  or  recovery  of  one  shall  not  be  a 
bar   to   the    recovery   of   any   other   penalty. 

Appropriation.  §  36.  The  sum  of  ?50,000,  or  so  much 
thereof  as  may  be  needed,  is  hereby  appropriated  from 
moneys  not  otherwise  appropriated,  for  the  years  1907 
and  1908  for  the  purpose  of  carrying  into  effect  the  pro- 
visions of  this  Act. 

Repeal.  §  37.  All  Acts  and  parts  of  Acts  In  conflict 
herewith   are   hereby   repealed. 

In  effect  forthwith.  §  38.  This  Act  shall  take  effect 
and  be  in  full  force  from  and  after  its  passage  and 
approval  by  the  governor. 

(Note   by   Secretary  of   State.) 

This  bill  having  remained  with  the  governor  five 
days  and  the  legislative  assembly  being  in  session.  It 
has   become   a   law   this    26th    day    of    February,    1907. 

Filed    February   20,    1907,   at   2:45    p.    m. 

A.  N.  YoDEB,  Secretary  of  State. 

No  amendatory  legislation  except  the  following  statute 
of  1911: 

ANTI  FBEE  PASS  ACT. 

*  Free  transportation  prohibited.  §  1.  No  common  car- 
rier of  passengers  shall  directly  or  indirectly  issue, 
furnish  or  give  any  free  ticket,  free  pass  or  free  trans- 
portation for  the  carriage  or  passage  of  any  person  within 
this  State  except  as  permitted  in  §  2  of  this  Act.  Nor 
shall  any  common  carrier  in  the  sale  of  tickets 
for  transportation  at  reduced  rates,  discriminate  be- 
tween persons  purchasing  the  same,  except  the  persons 
described  in  §  2  of  this  Act.  The  words  "free  ticket," 
"free  pass"  or  "free  transportation"  as  used  in  this  Act 
shall  include  any  ticket,  pass  contract,  permit  or  trans- 
portation issued,  furnished  or  given  to  any  person  by 
any  common  carrier  of  passengers  for  carriage  or 
passage,  for  any  other  consideration  than  money  paid 
in  the  usual  way  at  the  rate,  fare  or  charge,  open  to  all 
who  desire  to  purchase. 

Exceptions.  §  2.  The  persons  to  whom  free  tickets, 
free  pass,  free  transportation  and  discriminating  reduced 
rates  may  be  issued,  furnished  or  given  are  the  following, 
to-wit:  (a)  The  officers,  agents,  employes,  attorneys, 
physicians  and  surgeons  of  such  common  carriers  of 
passengers;  (b)  to  the  families  of  the  persons  included 
In  subdivision  "a"  thereof;  (c)  the  general  oflicers  of 
any  such  common  carrier;  (d)  employes  of  sleeping 
car  and  express  car  companies,  and  linemen  of  telegraph 
and  telephone  companies,  railway  mail  service  employes, 
postofflce      inspectors,     newsboys     on     trains,     baggage 


agents;  (e)  persons  injured  in  wrecks  and  physicians 
and  nurses  attending  such  persons;  (f)  passengers  trav- 
eling with  the  object  of  providing  relief  in  cases  of  rail- 
road accident,  general  epidemic,  pestilence  or  other 
calamitous  visitation;  (g)  necessary  care  takers  of  live 
stock,  vegetables  and  fruit,  including  return  transporta- 
tion to  forwarding  station;  (h)  the  officers,  agents  or 
regularly  accredited  representatives  of  labor  organiza- 
tions, composed  wholly  of  employes  of  railway  compa- 
nies; (i)  inmates  of  homes  for  the  reform  or  rescue 
of  the  vicious  or  unfortunate,  including  those  about  to 
enter  and  those  returning  home  after  discharge,  and 
boards  of  managers,  including  officers  and  superintend- 
ents of  such  homes;  (j)  superannuated  and  pensioned 
employes  and  members  of  their  families  and  widows 
of  such  members;  (k)  employes,  crippled  and  disabled 
in  the  service  of  the  common  carrier  of  passengers; 
(1)  policemen  and  firemen  of  any  city,  wearing  the  in- 
signia of  tlieir  office  within  the  limits  of  such  city;  (m) 
ministers  of  religion,  newspaper  employes  In  exchange 
for  advertising,  traveling  secretaries  of  Young  Men's 
Christian  Associations,  inmates  of  hospitals  and  chariit- 
able  and  eleemosynary  institutions,  and  persons  ex- 
clusively engaged  in  charitable  and  eleemosynary  wo^k; 
(n)  indigent  destitute  and  homeless  persons,  wMle 
being  transported  by  charitable  societies  or  hospitals, 
and  necessary  agents,  employes  in  such  transportation: 
(o)  school  children  to  and  from  public  or  parcel  ial 
schools;  (p)  the  Railroad  Commission  of  Jlontana  i  nd 
its  necessary  employes,  while  traveling  on  official  di  ty. 
The  provisions  of  this  Act  shall  not  be  construed  to  i  ro- 
hlbit  the  interchange  of  passes  for  the  persons  to  whim 
free  tickets,  free  passes  or  free  transportation  may  be 
furnished  or  given  under  the  provisions  of  this  secti  sn. 
Nothing  in  this  Act  shall  be  construed  to  Invalid  ite 
any  existing  contract  between  a  street  railway  comp.  ny 
and  a  city  where  a  condition  of  a  franchise  grant  requi  es 
the  furnishing  of  transportation  to  policemen,  firen  en 
and  officers  while  in  the  performance  of  official  duties. 

Penalty.  §  3.  Any  common  carrier.  Its  officers  or  age  its 
or  representatives,  violating  any  of  the  provisions  of 
this  Act  shall  be  fined  in  the  sum  of  not  less  than  10 
nor  more  than  |300  for  each  offense,  and  any  pen  on 
other  than  the  persons  excepted  in  §  2  of  this  Act  v  ho 
accepts  or  uses  any  free  tickets,  free  pass  or  f  ee 
transportation  for  carriage  or  passage  within  this  Sti  te, 
shall  be  subject  to  a  like  penalty. 

Repeal.  §  4.  All  Acts  and  parts  of  Acts  In  conf  let 
herewith  are  hereby  repealed. 

In  effect  forthwith.  §  5.  This  Act  shall  be  In  full  fo  -co 
and   effect   from  and  after  its  approval  by  the  goveri  or. 

Approved   March  10,  1911. 

CHAPTER   108.      1911. 

FURTHER  EXCEPTIONS. 

Be  a  enacted  hy  the  legislative  assembly  of  the  State  of 
Montana: 

Free  transportation  permitted  in  certain  cases,  f  1. 
That  nothing  in  the  provisions  of  chapter  4  or  5,  t  He 
VIII,  of  the  Political  Code,  Revised  Codes  of  Montina 
of  1907,  or  in  any  of  the  other  provisions  of  the  laws  of 
Montana,  shall  be  construed  to  prevent,  or  shall  j  ire- 
vent,  the  carriage  or  storage  or  handling  of  prop*  rty 
free  or  at  reduced  rates  for  the  government  of  the 
United  States,  or  of  the  State  of  Montana,  or  the  owoer 
or  ovirners  of  any  fish  hatchery  within  this  State,  or  of 
any  anglers'  association  organized  and  existing  thernn, 
whenever  such  property  is  being  used  for  the  exclui  ive 
purpose  of  stocking  or  planting  with  fish  or  fish  e?gB 
the  waters  within  the  State  of  Montana;  and  netting 
therein  shall  be  construed  to  prevent,  or  shall  prev  ;nt, 
the  issuing  of  free  transportation  to,  or  the  free  carriage 
of,  or  selling  tickets  at  reduced  rates  to,  any  and  all 
persons  while  actually  engaged  in  transporting  fish  or 
fish  eggs  for  stocking  or  planting  the  water  of  this 
State  with  such  fish  or  fish  eggs. 

Repeal.  §  2.  All  Acts  and  parts  of  Acts  In  conflict 
with  the  provisions  of  this  Act  are  hereby  repealed. 

In  effect  forthwith.  §  3.  This  Act  shall  be  In  full  force 
and  effect  from  and  after  its  passage  and  approval. 

Approved  March  6,  191. 


Public  Service  Laws 


819 


JIILITARY  RATK. 

Military  rate  1  cent  per  mile.  §  122.  From  and  after 
the  passage  and  approval  ot  this  Act  all  railroads  or 
railroad  companies  operating  and  doing  business  in  the 
State  of  Montana  shall  carry  the  troops  of  the  State 
of  Montana,  or  oiRcers  or  enlisted  men  thereof,  while 
In  the  performance  of  their  military  duties  within  the 
State,  at  a  rate  of  not  more  than  one  cent  per  mile. 

INSPECTION  OF  WATER  CRAFT. 

Railroad  commission  to  appoint  inspectors  of  boats,  f  1. 
The  railroad  commission  of  the  State  of  Montana  shall 
appoint  some  suitable  person  inspector  of  steam  ves- 
sels, other  boats  propelled  by  machinery,  sailing  craft 
and  all  ferry  boats  on  any  of  the  navigable  waters  of 
the  State  of  Montana.  Said  inspector  shall  have  a 
practical  knowledge  of  such  boats  and  vessels  and 
ferry  boats  as  ply  the  navigable  waters  of  the  State 
of  Montana,  and  who  is  experienced  in  the  construction 
and  familiar  with  the  safety  appliances  ot  all  such 
boats   and   their  appurtenances. 

Duties  0/  inspectors.  §  2.  Said  inspector  shall  annually 
or  as  often  as  the  board  of  railroad  commissioners  may 
order,  inspect  every  steamboat  or  other  boat  propelled 
by  machinery  or  sailing  boat  or  ferry  boat  carrying  pas- 
sengers or  freight  for  hire  or  towing  for  hire,  and  shall 
examine  carefully  the  hull  of  said  boats  and  their 
equipment,  and  require  such  changes,  repairs  and  im- 
provements to  be  adopted  and  used  as  he  may  deem  expe- 
dient for  the  safety  of  all  such  boats.  He  shall  also  fix 
the  number  of  passengers  that  may  be  transported  upon 
any  boat;  he  shall  likewise  fix  the  number  of  tons  of 
freight  that  may  be  carried  upon  any  such  boat,  barge 
or  ferry  boat.  He  shall,  whenever  he  deems  it  expedi- 
ent to  do  so,  visit  any  such  boats  and  examine  into  her 
condition  or  their  condition  for  the  purpose  of  ascertaining 
whether  such  boat  or  boats  has  a  certificate  from  the  rail- 
road commission,  and  whether  said  boats  are  conformable 
to  and  obeying  the  conditions  imposed  by  this  Act  and 
by  the  railroad  commissioners.  The  owner,  master, 
pilot  or  captain  or  engineer  of  such  vessel  or  boat 
shall  answer  all  reasonable  questions  and  give  all 
Information  in  his  or  her  possession  in  regard  to  said 
I  boat  or  boats,  or  any  of  them,  concerning  their  ma- 
'  chinery  and  the  manner  ot  managing  said  boat.  The 
■  said  inspector  shall  examine  all  lite  saving  appliances 
and  life  boats  carried  on  any  of  such  vessels,  steam- 
boats or  other  boats  propelled  by  machinery  as  well 
;  as  all  ferry  boats.  The  said  inspector  shall  examine 
the  captains  and  pilots  of  all  such  boats  and  vessels 
to  determine  under  this  Act  their  proficiency  in  the 
;  handling  of  such  boats.  The  said  inspector  shall  re- 
port the  condtiion  of  all  such  boats,  life  saving  appli- 
lances  and  life  boats  to  the  State  railroad  commission. 

Inspector  to  have  free  access.  §  3.  Said  inspector  shall 
at  all  times  have  free  access  to  any  and  all  of  such 
boats  and  parts  thereof,  and  shall  have  free  transpor- 
tation thereon  for  the  purpose  of  making  such  inspection. 
To  report  to  railroad  commission.  §  4.  Said  inspector 
shall  report  all  his  findings  to  the  railroad  commission- 
ers of  the  State  of  Montana,  which  said  commission 
shall  thereupon,  if  in  its  opinion  said  boats  shall  be 
seaworthy  and  safe  for  the  carrying  of  passengers  and 
freight,  issue  to  such  boat  a  license  or  permit  to  engage 
in  the  business  of  navigation  on  any  of  the  navigable 
waters  of  the  State  of  Montana,  and  shall  likewise  issue 
licenses  to  any  captain  or  pilot  of  said  boat,  if  in  its 
Judgment  said  captain  or  pilot  is  qualified  for  the  duties 
Imposed  upon  him  by  the  provisions  of  this  Act;  and 
said  commission  shall  issue  all  rules  and  regulations, 
that  may  be  in  its  judgment,  necessary  for  the  safe 
navigation  of  all  steamboats  and  all  boats  propelled  by 
machinery,  sailing  boats  and  ferry  boats  navigating  on 
any  of  the  navigable  waters  of  this  State  and  carrying 
passengers   or  freight  for  hire. 

Number  of  passengers  limited.  §  5.  No  greater  num- 
ber of  passengers  shall  be  transported  upon  any  licensed 
boat,  steamboat  or  other  boat  propelled  by  machinery 
or  sailing  boat  or  ferry  boat  than  the  number  allowed 
In  the  certificate  to  such  boat,  vessel,  steamboat  or  other 
boat  propelled  by  machinery  or  sailing  boat  or  ferry 
boat,  and  any  captain,  pilot,  owner  or  engineer  ot  such 


boat  who  shall  violate  any  of  the  provisions  of  this 
section  shall  bo  guilty  of  a  misdemeanor  and  will  be 
punished  accordingly. 

Woodwork  about  boilers,  etc.  6.  All  steamboats  to 
which  this  Act  shall  apply  shall  be  so  constructed  that  all 
woodwork  about  the  boiler,  smokestack,  fire  boxes, 
chimneys,  cookhouses,  stoves  and  stove  pipes  exposed 
to  Ignition  shall  be  so  shielded  by  some  incombustible 
material  that  the  air  will  circulate  freely  between  such 
material  and  woodwork  or  other  ignitible  substance, 
and  before  grainting  the  certificate  of  inspection  the 
railroad  commission  shall  require  that  all  necessary 
provisions  be  made  as  it  may  deem  expedient  to  guard 
against  loss  or  damage  by  fire. 

Rules  of  navigation  established.  §  7.  The  following 
rules  shall  be  observed  in  navigating  steam  vessels, 
steamboats  and  all  other  boats  propelled  by  machinery 
and  sailing  craft,  on  any  ot  the  navigable  waters  ot 
the  State  of  Montana  affected  by  the  provisions  ot  this 
Act: 

Rule  1.  All  steamboats  or  other  boats  propelled 
by  machinery  shall  be  equipped  with  either  steam  or 
compressed  air  whistles. 

Rule  2.  When  two  boats  are  meeting,  end  on,  or 
nearly  end  on,  so  as  to  involve  risk  of  collision,  each 
shall  alter  her  course  to  starboard,  so  that  each  may 
pass  on  the  port  side  of  the  other. 

Rule  3.  When  two  boats  are  crossing  so  as  to  involve 
risk  of  collision,  the  boat  which  has  the  other  on  her 
starboard  shall  keep  out  of  the  way  ot  the  other. 

Rule  4.  When  a  steamboat  or  boat  propelled  by 
machinery  and  sailing  boat  are  proceeding  in  the 
same  direction  so  as  to  involve  risk  ot  collision,  the 
boat  propelled  by  machinery  shall  keep  out  of  the  way 
of    the    sailing    craft. 

Rule  5.  When  by  any  ot  these  rules  one  ot  the 
two  of  the  vessels  Is  to  keep  out  of  the  way,  the  other 
shall  keep  her  course  and  speed. 

Rule  6.  Every  boat  propelled  by  machinery  under 
way  and  approaching  another  boat  or  vessel  of  any 
kind  so  as  to  involve  a  risk  of  collision,  shall  slacken 
her  speed,  or  if  necessary,  shall  stop  and  reverse  her 
engine,  and  every  boat  propelled  by  machinery  shall, 
when  in  a  fog,  go  at  a  moderate  speed. 

Rule  7.  Any  boat  propelled  by  machinery  overtaking 
another  boat  propelled  by  machinery  shall  keep  out  of 
the   way   of  the   last  named   boat. 

Rule  8.  When  two  boats  propelled  by  machinery 
are  going  in  the  same  direction  and  the  stern  boat 
wishes  to  pass  the  other,  she  shall  signal  the  forward 
boat  ot  her  intention  to  pass  on  the  port  side  by  two 
distinct  whistles,  and  to  pass  on  her  starboard  side 
by  one  distinct  whistle,  which  shall  be  answered  by  the 
forward  boat  by  the  same  number  of  whistles,  and  the 
forward  boat  shall  keep  on  her  course  as  if  no  signal  had 
been    given. 

Rule  9.  When  two  steamboats  or  other  boats  pro- 
pelled by  machinery  are  approaching  each  other,  and  if 
the  course  of  such  boats  is  so  far  on  the  starboard  side  of 
each  other  as  not  to  be  considered  by  the  pilot  as  meet- 
ing end  on  or  nearly  so,  or  if  such  boats  are  approaching 
each  other  in  such  manner  that  passing  is  not  as  in 
rule  2,  being  deemed  unsafe,  the  pilot  of  one  boat  shall 
give  two  short  and  distinct  blasts  of  his  whistle,  which 
the  pilot  of  the  other  boat  shall  answer  by  two  blasts 
of  his  whistle,  and  they  shall  pass  to  the  left  (on  the 
.  starboard  side)  of  each  other. 

Rule  10.  Steamboats  or  other  boats  propelled  by  ma- 
chinery approaching  each  other  at  not  less  than  300 
yards  distance  from  each  other,  shall  give  a  signal  with 
one   loud   distinct  whistle. 

Rule  11.  When  two  steamboats  or  other  boats  pro- 
pelled by  machinery  are  approaching  each  other  and  the 
pilot  ot  either  boat  fails  to  understand  the  course  or  in- 
tention of  the  other,  whether  from  signals  being  given 
or  answered  erroneously  or  from  other  cause,  the 
pilot  so  in  doubt  shall  immediately  signify  the  same 
by  giving  several  short  blasts  of  his  whistle  and  If  the 
boats  shall  have  approached  within  500  yards  of  each 
other,  both  shall  immediately  slow  up  to  a  speed  barely 
sufiicient  for  steerage  or  urftil  the  proper  signals  are 
given,  answered  and  understood  or  until  the  boats  have 
passed  each  other. 


820 


National  Association  of  Railway  Commissioneks 


Rule  12.  When  a  steamboat  or  other  boat  propelled 
by  machinery  is  in  a  fog  or  is  in  thick  weather,  it  shall 
be  the  duty  of  the  pilot  to  cause  a  long  blast  of  the 
whistle  to  be  sounded  at  intervals  of  not  to  exceed  one 
minute. 

Rule  13.  Signals  of  distress  shall  be  four  blasts  of 
the  whistle  and  shall  be  recognized  by  the  master  of 
any  steamboat  or  other  boat  propelled  by  machinery 
hearing  the  same  and  he  shall  render  such  assistance 
as  is  in  his  power. 

Rule  14.  Any  steamboat  or  other  boat  propelled  by 
machinery  landing  at  a  wharf  or  dock  shall  have  the 
right  to  such  wharf  or  dock  for  a  period  of  five  min- 
utes. If  detained  at  the  wharf  or  dock  for  a  longer 
period  than  five  minutes  the  steamboat  or  other  boat 
propelled  by  machinery  already  at  the  wharf  shall 
allow  another  steamboat  or  other  boat  propelled  by 
machinery  to  land  along  side  and  discharge  her  pas- 
sengers and  freight  over  her  deck  for  at  least  10  min- 
utes and  thereafter  until  the  first  steamboat  or  other 
boat  propelled  by  machinery  shall  leave  said  wharf  or 
dock. 

Rule  15.  In  the  construing  of  these  provisions  due 
regard  must  be  had  for  all  of  the  dangers  of  navigation 
and  to  any  special  circumstance  which  may  render  a  de- 
parture therefrom  necessary  in  order  to  avoid  immediate 
danger. 

Rule  16.  Every  steamboat  or  other  boat  propelled  by 
machinery  which  is  under  sail  and  not  under  steam  is 
to  be  considered  a  sailing  vessel  and  any  or  every  vessel 
under  steam  or  propelled  by  machinery,  whether  under 
sail  or  not,  is  to  be  considered  a  steam  vessel. 

Rule  17.  All  steamboats  and  other  boats  propelled 
by  machinery  licensed  under  the  provisions  of  this  Act 
or  article  shall  conform  to  and  obey  such  other  rules 
and  regulations  not  inconsistent  herewith  as  the  board 
of    railroad   commissioners    may   direct. 

Rule  18.  Every  steamboat  or  other  boat  propelled  by 
machinery  on  the  navigable  waters  within  the  juris- 
diction of  this  State  shall  have  two  copies  of  this 
section  framed.  One  to  be  posted  in  the  pilot  house 
and  the  other  to  be  hung  in  a  conspicuous  place  on  the 
vessel    for   the   inspection   of   passengers. 

Lights  to  he  carried.  §  9.  The  master,  owner,  pilot  or 
other  person  in  charge  of  a  steamboat  or  other  boat 
propelled  by  machinery  or  sailing  craft  Vhen  navigating 
any  of  the  waters  of  this  State,  shall  between  sunset  and 
sunrise  cause  said  boats  to  carry  the  following  lights: 
First:  At  the  foremast  head,  a  bright  white  light  of 
such  a  character  as  to  be  visible  on  a  dark  night  In  a 
clear  atmosphere  at  a  distance  of  at  least  two  miles  and 
so  constructed  as  to  show  a  uniform  and  unbroken 
light  over  an  arc  of  the  horizon  to  20  points  of  the  com- 
pass and  to  be  so  fixed  as  to  show  the  light  10  points  on 
each  side  of  the  vessel,  namely,  from  the  right  ahead  to 
two  points  abaft  the  beam  on  either  side.  Second:  On  the 
starboard  side  a  green  light  of  such  a  character  as  to 
be  visible  on  a  dark  night  with  a  clear  atmosphere  at 
a  distance  of  at  leujt  two  miles  and  be  so  constructed 
as  to  show  a  uniform  and  unbroken  light  over  an  arc 
of  the  horizon  to  10  points  of  the  compass  and  so  fixed 
as  to  throw  the  light  from  right  ahead  to  two  points 
abaft  the  beam  on  the  starboard  side.  Third:  On  the 
port  side  a  red  light  of  such  a  character  as  to  be  visible 
on  a  dark  night  with  a  clear  atmosphere  at  a  distance 
of  at  least  two  miles  and  so  constructed  as  to  show 
a  uniform  and  unbroken  light  over  an  arc  of  the  horizon 
to  10  pomts  of  the  compass  and  so  fixed  as  to  throw 
the  light  from  right  ahead  to  two  points  abaft  rhe  beam 
on  the  port  side.  The  red  and  green  lights  shall  be  fixed 
with  screens  so  as  to  prevent  them  from  being  seen 
from  the  rear. 

Pumps  to  ie  kept  ready  for  use.  §  10.  Every  steamboat 
or  other  boat  propelled  by  machinery  carrying  passengers 
or  freight  for  hire  shall  be  provided  with  a  force  pump 
or  an  equivalent  apparatus  for  throwing  water  and  the 
same  shall  be  at  all  times  during  the  navigatirm  of  such 
boat  kept  ready  for  use.  Such  pump  shall  be  of  suitable 
size  and  construction  to  use  either  in  extinguishing 
fires  or  pumping  water  out  of  the  boat  and  shall  be 
approved   by   the   board   of   railroad   commissioners. 

Life  boats.  §  11.  Every  steamboat  or  other  boat  pro- 
pelled  by   machinery   and   sailing  craft  or  ferry   boat  af- 


fected by  the  provisions  of  this  Act  shall  carry  on  her 
deck,  hung  from  davits  or  towed  astern  such  life  boats  or 
other  boats  as  shall  be  ordered  by  the  board  of  railroad 
commissioners.  And  every  captain  shall  order  and  hold 
a  practice  drill  for  the  lowering  of  life  boats  ajl  least 
once   every   week. 

Life  preservers.  §  12.  Every  steamboat  or  other  boat 
ipropelled  by  machinery  used  in  the  transportation  of  pas- 
sengers or  freight  for  hire  shall  have  a  life  preserver  for 
each  passengp.-  and  she  shall  also  carry  one  for  each 
of  her  ere'".  Such  life  preservers  shall  be  made  of 
good  sound  cork  blocks,  easily  adjusted  to  the  body  with 
belts  and  straps  properly  attached  and  so  constructed 
as  10  pass  the  cork  under  the  shoulders  and  around 
the  body  of  the  person  wearing  the  same.  Each  life 
preserver  shall  contain  at  least  six  pounds  of  good  cork 
having  a  buoyancy  of  at  least  four  pounds  to  each  pound 
of  cork.  It  shall  be  the  duty  of  the  inspector  and  of  the 
railroad  commission  to  satisfactorily  ascertain  that  every 
life  preserver  is  as  herein  required.  All  such  life  preserv- 
ers shall  be  kept  in  a  convenient  place,  accessible  in  ceso 
of  accident,  in  readiness  for  immediate  use  and  the 
places  where  same  are  kept  shall  be  designated  in  the 
railroad  commission  certificate  and  pointed  out  by 
printed  notices  posted  in  such  places  as  the  railroad 
commission   may   direct. 

Boilers  to  be  inspected.  §  13.  The  State  boiler  inspector 
shall  inspect  all  steam  boilers  in  each  of  the  steamboi  ta 
within  the  Stale. 

Name  of  boat.  §  14.  Every  steamboat  or  other  beat 
propelled  by  machinery  or  sailing  craft  subject  to  ta© 
provisions  of  this  Act,  shall  have  her  name  printed  )n 
her  stern  in  either  black,  j'ellow  or  red  letters  of  r  ot 
less  than  three  inches  in  length. 

Temporary  supply  of  licensed  officer.  §  15.  If  any  b(  at 
subject  to  the  provisions  of  this  Act  shall  be  depriv  !d 
of  the  services  of  any  licensed  ofiicer  without  the  ci  n- 
sent,  fault  or  collusion  of  the  master,  owner  or  pers  m 
interested  in  such  boats,  the  board  of  railroad  comm  s- 
sioners  shall  be  notified  and  the  deficiency  may  be  te  n- 
porarily  supplied  until  the  services  of  a  licensed  office 
can  be  obtained. 

Fees  to  be  paid  by  owner.  §  16.  The  owner  ot  ev4 
steamboat  or  other  boat  propelled  by  machinery,  saili 
or  ferry  boat  subject  to  the  provisions  of  this  Act  sh  11 
pay  the  inspector  for  the  inspection  of  such  boats  is 
follows,  to-wit:  For  each  boat  under  10  tons  burdi  n, 
$10;  for  each  boat  over  10  tons  burden  and  under  JO 
tons  burden,  $15;  for  each  boat  over  20  tons  and  und  !r 
50  tons  burden,  $20;  for  over  50  tons  and  under  1  lO 
tons  burden,  $25,  and  all  over  a  100  tons  burden,  $:  n. 
For  each  ferry  boat  $10  and  for  each  barge  $10. 

License  fees.     §  17.     For  every  license  granted  un 
the    provisions    of   this    Act   there    shall   be    charged 
collected  from  the  person  or  boat  receiving  such  licen  se 
or  certificate  the  sum  of  $5,  which  said  license  shall  ,«■ 
main  in  full  force  for  one  year  from  the  date  thereol  H 
Inspector's  fees.     §  18.    The  inspector  shall  receive  1^| 
all    services    performed    by    him    under    the    supervisi  )n 
of  the  railroad   commission,   in   full   for  such   services    is 
inspector,    the    fees    required    to   be    paid   for  the   licen  56 
and    certificate    issued    and    for    the    inspection    of    su  ;li 
boat,    and    no    other    or    further   fees.      The    fees    for     n- 
spection    shall    be    paid    at    the    time    of    the    inspectl<  n. 
All    fees    for    licenses    shall    accompany    the    applicati  m 
for     such     license     and     in     case     such     license     is     lot 
issued   the   fees   shall   be   returned   to  the   applicant.     -  JM 
Railroad  commission  to  make  rules  and  enforce  M^M 
i  19.    It  is  hereby  made  the  duty  ot  the  board  ot  rallrolT 
commissioners  to  enforce  the  provisions  of  this  Act  aid 
said    railroad    commissioners    shall    have    the   jurisdiction 
to  make  all  needful  rules  providing  for  ths  safety  ot    ill 
passengers    and    freight    traveling    upon    the    navigal  le 
waters    of   this    State:      Provided,    that    such    rules    ero 
within  the  provisions  of  this  Act. 

Boat  owner  to  comply  with  Act.  §  20.  It  shall  be  un- 
lawful for  any  person  or  persons  to  operate  any  steam- 
boat or  other  boat  propelled  by  machinery,  sailing  cratt 
or  ferry  boat,  or  engaged  in  the  business  ot  the  navig*- 
tlon  of  boats  without  first  complying  with  the  provisions 
of  this   Act. 

Penalty  for  non-compliance.    §  21.    Any  person  violating 


Lt'    11- 

ilii^ 


1    ttl^ 


Public  Service  Laws 


821 


iny  of  the  provisions  of  this  Act  shall  be  deemed  guilty 
if  a  misdeineanor  and,  upon  conviction  thereof  be  fined 
n  any  sum  not  exceeding  $300  or  imprisonment  In  the 
ounty  jail  not  exceeding  six  months. 

Repeal.  §  22.  All  Acts  and  parts  of  Acts  In  conflict 
lerewith   are   hereby   repealed. 

In  effect  forthwith.  §  23.  This  Act  shall  be  In  full 
orce  and  effect  from  and  after  its  passage  and  approval. 
Approved  March  6,  1911. 

HOLDING  COMPANIES   AUTHORIZED. 

re  it  enacted  By  the  legislative  assembly  of  the  State  of 
Montana: 

§  1.  That  §  3808  of  the  Revised  Codes  of  Montana  of 
907  (being  §  393  of  the  Civil  Code  of  Montana  of  1895) 
e  and  the  same  is  hereby  amended  to  read  as  follows: 

Purposes  for  which  corporations  may  6e  formed.  §  3808. 
§  393.)  The  purposes  for  which  the  private  corpora- 
ions  mentioned  in  the  last  section  may  be  formed  are 
1  part  as  follows: 

15.  The  construction  and  maintenance  of  a  railroad 
nd  of  a  telegraph  line  in  connection  therewith  and  a 
treet  railroad   of  any  kind. 

16.  The  construction  and  maintenance  of  any  other 
pecies  of  roads,  and  of  bridges  in  connection  therewith. 

17.  The    construction    and    maintenance    of    a    bridge. 

18.  The  construction  and  maintenance  of  a  telegraph 
!ne,   telephone   or   electric   light   line. 

19.  The  establishment  and  maintenance  of  a  line  of 
tages. 

20.  The  establishment  and  maintenance  of  a  ferry. 

21.  The  carriage  of  property  and  persons  by  express. 

22.  The  building  and  navigation  of  steamboats  and 
arrlage  of  persons   and   property  thereon. 

23.  The  supply  of  water  to  the  public. 

24.  The  manufacture  and  supply  of  gas,  or  the  supply 
f  light  or  heat  to  the  public  by  any  other  means. 

25.  The  transaction  of  any  mercantile,  commercial, 
idustrial,  manufacturing,  mining,  mechanical  or  chemical 
usiness. 

31.  The  construction  of  canals,  ditches,  flumes  and 
ther  works  for  conveying  water,  and  reservoirs  for 
toring  the   same,  and  the   boring  of  artesian  wells. 

32.  To  purchase  or  otherwise  acquire,  own,  hold 
lortgage,  pledge,  sell,  assign,  transfer  or  otherwise  dls- 
ose  of  shares  of  the  capital  stock  of,  or  any  bonds, 
;curities  or  other  evidences  of  indebtedness  created  by 
ay  other  corporation  or  corporations  wherever  organized, 
ith  all  the  rights,  powers  and  privileges  of  ownership 
iiereof:  Provided,  however,  that  it  is  not  intended 
3reby  to   give   the   right  to   exercise  any  of  the   powers 

purposes  in  this  subdivision  mentioned  in  any  case 
here  it  is  forbidden  to  do  so  by  any  provision  of  the 
•nstitution  or  statutes  of  the  United  States  of  America 
'  the  State  of  Montana.    No  corporation  must  be  formed 

r    any    other    purpose    than    those    mentioned    in    this 

ctlon. 
§  2.     That  §  3825  of  the  Revised   Codes  of  Montana  of 

07  (being  §411  of  the  Civil  Code  of  Montana  of  1895), 

!  amended  by  the  Act  of  the  tenth  legislative  assembly 

'   Montana,   approved    March   7,    1907,   be   and   the   same 

hereby   amended   to   read   as   follows: 

Corporations,  how  formed.     §  3825.    At  any  time  here- 

ter  any  three  or  more  persons  who  may  desire  to  form 
;  company  for  the  purpose  of  carrying  on  any  kind  of 
unufacturing,  mining,  mechanical  or  chemical  business; 
i  digging  ditches,  of  building  flumes  or  running  tunnels; 
«  purchasing,  holding,  developing,  improving,  using, 
Iising,  selling,  conveying  or  otherwise  disposing  of 
'iter  powers  and  the  sites  thereof  and  lands  necessary 
<  useful  therefor,  or  for  the  industries  and  habitations 
■ising  or  growing  up,  or  to  arise  or  grow  up,  in  con- 
iction  with  or  about  the  same;  of  purchasing,  holding, 
I  ing  out,  platting,  developing,  leasing,  selling,  dealing 
i  conveying  or  otherwise  using  or  disposing  of  town- 
ees or  towns  or  the  lots,  blocks  or  subdivisions  thereof, 
c  lots,  blocks  or  subdivisions  in  any  town,  village  or 
cy;  or  of  carrying  on  any  other  branch  of  business 
diigned  to  aid  in  the  industrial  or  productive  interests 
0  the  country  and  the  development  therefore  of  one  or 
Dre  of  the  aforesaid  branches  of  business,  or  for  any 
Of  the   purposes   for  which  private   corporations   may  be 


formed,  as  set  forth  in  §  3808  (393)  of  this  code,  as 
amended  by  the  foregoing  section,  or  as  the  same  may 
be  hereafter  amended,  must  prepare,  sign,  acknowledge 
and  file  articles  of  incorporation  in  the  oflice  of  the 
county  clerk  of  the  county  in  which  the  principal  busi- 
ness of  the  company  is  to  be  transacted,  and  a  copy 
thereof  certified  by  the  county  clerk,  with  the  secretary 
of  State,  whereupon  the  secretary  of  State  must  issue 
to  the  corporation  over  the  great  seal  of  the  State,  a 
certificate  that  a  copy  of  the  articles  containing  the 
required  statement  of  facts  has  been  filed  in  his  office. 
Thereupon  the  persons  signing  the  articles  and  their 
associates  and  successors  shall  be  a  body  politic  and 
corporate  by  the  name  stated  in  the  certificate,  and  for 
a  term  of  40  years,  unless  in  the  articles  of  incorporation 
otherwise  stated,  or  in  this  code  otherwise  specially 
provided  but  in  no  case  where  not  otherwise  specially 
provided  in  this  cpde,  must  such  term  exceed  40  years: 
Provided,  however,  that  no  articles  of  incorporation  shall 
be  accepted  and  filed  by  the  secretary  of  State  which 
designate  a  name  for  the  proposed  corporation  which  Is 
the  same  as  that  of  any  existing  domestic  corporation, 
or  which,  in  the  judgment  of  the  secretary  of  State, 
is  so  similar  to  the  name  of  any  existing  domestic  cor- 
poration as  to  mislead  or  conduce  persons  dealing  with 
such  corporations;  and  provided,  further,  that  nothing 
herein  shall  effect  the  present  term  of  existence  of  any 
corporation  heretofore  incorporated  under  this  section 
for  a   period   of   40   years. 

§  3.  That  §  3826  of  the  Revised  Codes  of  Montana 
of  1907  (being  §  412  of  the  Civil  Code  of  Montana  of  1895) 
be  and  the  same  is  hereby  amended  to  read  as  follows: 

May  extend  term  of  existence  and  increase  stock,  etc. 
§  3826  (§  412).  Any  corporation  or  company  heretofore 
formed,  either  by  special  Act  or  under  the  general  law, 
and  now  existing,  or  any  company  which  may  be  formed 
under  this  chapter,  or  which  has  elected  or  may  elect 
to  continue  its  existence  under  the  provisions  of  the 
code  of  Montana,  may  increase  or  diminish  its  capital 
stock,  by  complying  with  the  provisions  of  this  chapter, 
to  any  amount  which  may  be  deemed  sufficient  and 
proper  for  the  purpose  of  the  corporation,  and  may 
also  extend  Its  business  to  any  other  branch  named  In 
§  3808  (393)  or  §  3825  of  this  chapter,  as  amended  by 
the  foregoing  section,  or  as  the  same  may  be  hereafter 
amended,  and  may  also  extend  the  term  of  its  existence, 
subject  to  the  provisions  and  liabilities  of  this  chapter: 
Provided,  however,  that  no  corporaton  shall  have  power 
under  this  chapter  to  extend  the  term  of  existence  for  a 
period  longer  than  will  make  the  terms  of  existence  of 
said  corporation  longer  in  all  than  40  years  from  the 
date  of  its  original  incorporation;  and  before  any  cor- 
poration shall  be  entitled  to  diminish  the  amount  of  its 
capital  stock,  if  the  amount  of  its  debts  and  liabilities 
shall  exceed  t(he  amount  of  capital  to  which  it  is  pro- 
posed to  be  reduced,  such  amount  of  debts  and  lia- 
bilities shall  be  satisfied  and  reduced  so  as  not  to  exceed 
such  diminished  amount  of  capital;  and  any  existing 
company  heretofore  formed  under  any  special  Act  may 
come  under  and  avail  itself  of  the  provisions,  and 
thereupon  such  company,  its  officers  and  stockholders 
shall  be  subject  to  all  restrictions,  duties  and  liabilities 
of  this  chapter. 

Corporation  may  hold  stock  of  other  corporations.  |  4. 
Any  corporation,  formed  under  the  laws  of  the  Territory 
or  State  of  Montana,  whether  previous  to  or  since  the 
taking  effect  of  the  codes  on  July  1,  1895  or  hereafter 
to  be  formed,  may  purchase  or  otherwise  acquire,  own, 
hold,  mortgage,  pledge,  sell,  assign,  transfer  or  other- 
wise dispose  of  shares  of  the  capital  stock  of,  or  any 
bonds,  securities  or  other  evidence  of  indebtedness  cre- 
ated by  any  other  corporation  or  corporations,  wherever 
formed  or  organized,  and,  while  such  owner  may  exer- 
cise all  the  rights,  powers  and  privileges  of  ownership, 
including  the  right  to  vote  upon  such  stock:  Provided, 
however,  that  it  is  not  intended  hereby  to  give  the 
right  to  exercise  any  of  the  powers  or  purposes  in  this 
subdivision  mentioned  in  any  case  where  it  is  forbidden 
so  to  do  by  any  provision  of  the  constitution  or  statutes 
of  the  United  States  of  America  or  the  State  of  Montana. 

Repeal.  §  5.  All  Acts  and  parts  of  Acts  In  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed:  Pro- 
vided,   however,    that   nothing   in   this   Act   shall    be    con- 


833 


National  Association  of  Railway  Commissioners 


stxued  as  repealing  any  of  the  provisions  of  House  Bill 
No.  310,  passed  by  the  eleventh  legislative  assembly, 
known    as   the   Anti-Trust  Bill. 

In  effect  forthwith.  §  6.  This  Act  shall  be  In  full  force 
and  effect  from  and  after  its  passage  and  approval  by 
the   governor. 

Approved   March   6,   1909. 

SAFETY  APPLIANCES— STATIONS,  ETC. 

Railroad  commission  to  require  safety  appliances.  §  1. 
The  railroad  commission  of  the  State  of  Montana  shall 
have  full  authority  to,  after  notice  and  hearing,  malie  and 
enforce  rules  and  regulations  providing  for  the  Installa- 
tion on  and  equipment  of  trains,  cars  or  engines  with 
safety  appliances  and  shall  have  authority  to  Inspect 
the  same  and  enforce  regulations  to  be  from  time  to 
time  co-extensive  with  the  requirements  of,  and  in 
conformity  to,  the  provisions  of  the'  Acts  of  congress 
and  rules  and  regulations  of  the  Interstate  Commerce 
Commission    as    then   effective. 

Power  to  inspect  and  make  rules.  §  2.  The  railroad 
commission  of  the  State  of  Montana  shall  have  power  and 
authority  to  examine  and  inspect  all  brakes  and  brake 
equipment  and  to,  after  notice  and  hearing,  make  and 
enforce  reasonable  rules  and  regulations  with  respect  to 
the  examination,  inspection  and  repair  thereof,  with  a 
view  of  determining  the  proper  mteasure  of  efBciency  of 
said  brakes  and  brake  equipment.  Such  rules  and 
regulations  to  be  from  time  to  time  co-extensive  with 
the  requirements  of,  and  in  conformity  to,  the  provisions 
of  the  Acts  of  congress  and  rules  and  regulations  of  the 
Interstate    Commerce    Commission   as   then    effective. 

To  require  stations  at  intersections.  §  3.  The  railroad 
commission  of  the  State  of  Montana  shall  have  power 
and  authority  whenever  the  line  of  one  railroad  shall 
cross  or  intersect  the  railroad  of  another  company  or 
corporation  to,  after  notice  and  hearing,  order  and  compel 
the  Installation  of  suitable  platforms  and  station  houses 
for  the  convenience  of  passengers  desiring  to  transfer 
from  one  road  to  the  other  and  for  the  transfer  of 
passengers,  baggage  or  freight,  whenever  the  same  shall 
be  ordered  by  the  railroad  commission.  And  such  com- 
pany or  corporation  shall,  when  so  ordered  by  the  rail- 
road commission,  keep  such  passenger  station  warmed, 
lighted  and  opened  to  the  Ingress  and  egress  of  all  pas- 
sengers, a  reasonable  time  before  the  arrival  and  after 
the  departure  of  such  trains  as  accommodate  such  sta- 
tion carrying  passengers  on  such  railroad  or  railroads. 
And  said  railroad  companies  crossing  or  intersecting 
shall  stop  such  trains  at  said  station-house  so  located 
at  said  crossing  or  intersection  for  the  transfer  of  bag- 
gage, passengers  and  freight  so  as  to  furnish  reasonable 
facilities  for  that  character  of  a  station  when  so  ordered 
by  the  railroad  commission  and  the  expense  and  con- 
struction and  maintenance  of  such  station-house  and 
platform  shall  be  paid  by  such  corporations  in  such 
proportions  as  they  may  agree  and,  if  they  fail  to  agree, 
as  may  be  fixed  by  order  of  the  railroad  commission. 
Such  corporations  connecting  by  intersections  as  afore- 
said shall  also,  when  so  ordered,  after  notice  and  hearing, 
by  the  railroad  commission  unite  and  connect  the  tracks 
of  said  several  corporations  so  as  to  permit  the  transfer 
from  the  track  of  one  corporation  to  the  other,  of  loaded 
or  unloaded  cars  designed  for  transportation  on  both 
roads:  Provided,  however,  that  no  such  union  or  con- 
nection shall  be  ordered  except  where  and  when  neces- 
sary  to   properly   serve   the   public. 

Commission  may  require  building  of  spurs,  etc.  §  4. 
The  railroad  commission  of  the  State  of  Montana  shall 
have  full  power  and  authority  to,  after  notice  and  hear- 
ing, compel  railroad  companies  operating  in  the  State 
of  Montana  to  construct  Industrial  or  commercial  spurs 
to  industries  when  there  is  or  will  be  sufficient  traJBc 
to  require  such  facilities:  Provided,  however,  that  any 
such  industrial  or  commercial  spur  will  not  exceed  one 
mile  in  length  from  headlock  to  end  of  track,  and  shall 
be  constructed  pursuant  to  the  usual  and  customary 
contract  of  the  particular  railroad  company  in  construct- 
ing such  spurs;  and  provided,  further,  that  such  in- 
dustrial or  commercial  spur  shall  not  be  ordered  con- 
structed except  within  the  limits  of  extreme  switches  of 
stations    or    yards,    or    at    sidings,    unless    such    station, 


yards,  sidings  or  spurs  are  more  than  7  miles  apart 
nor  unless  such  spurs  can  be  so  placed  as  to  be  reasoi 
ably  safe  and  not  unnecessarily  interefere  with  mall 
line    operation. 

Commission's  orders  enforced  by  District  Court.  J  £ 
The  District  Court  shall  have  jurisdiction  to  enforce,  b; 
proper  decree,  injunction  or  order,  the  rulings,  order 
and  regulations  made  or  established  by  the  commissioi 
under  the  provisions  of  this  Act.  The  proceedings  there 
fore  shall  be  by  equitable  action  in  the  name  of  th( 
State,  and  shall  be  instituted  by  the  attorney-general  o 
county  attorney,  whenever  advised  by  the  board  tha 
any  railroad  is  violating  or  refusing  to  comply  with  an; 
rule,  order  or  regulation  made  by  the  commission  am 
applicable  to  such  railroad.  Such  proceedings  shall  hav 
tlie  precedence  over  all  other  business  in  such  court! 
except  criminal  business.  In  any  action  the  burden  o 
proof  shall  rest  upon  the  defendant,  who  must  shov/  b; 
clear  and  satisfactory  evidence  that  the  rule,  order  o 
regulation  involved  is  unreasonable  and  unjust  a;3  t 
them.  If  in  such  action,  it  be  the  decision  of  the  tour 
that  the  rule,  regulation  or  order  is  not  so  unreasor  abl 
or  unjust,  and  that  in  refusing  compliance  therewith  th^ 
railroad  is  thereby  failing  or  omitting  the  performano 
of  any  duty  or  obligation,  the  court  shall  decn  e  i 
mandatory  and  perpetual  injunction  compelling  obedieno 
to,  and  compliance  with,  the  rule,  regulation  or  order  b: 
the  defendant  and  its  officers,  agents,  servants  am 
employes,  and  may  grant  such  other  relief  as  ma;'  bi 
deemed  just  and  proper.  Any  violation  of  such  d«  crei 
shall  render  the  defendant,  agent,  servant  or  se^^  ant 
or  employes  of  the  defendant,  who  is  in  any  maane 
instrumental  in  such  violation,  guilty  of  contempt,  am 
shall  be  punishable  by  a  fine,  not  exceeding  $1,00(  fo 
each  offense,  or  by  Imprisonment  of  the  person  guiV  y  o 
contempt,  until  he  shall  sufficiently  purge  himself  t  lere 
from,  and  such  decree  shall  continue  and  remain  in  e  ffec 
and  be  in  force  until  the  rule,  regulation  or  order  ihal 
be  modified  or  vacated  by  the  board:  Provided,  how  vei 
that  nothing  herein  contained  shall  be  construed  t(  de 
prive  either  party  to  such  proceedings  of  the  rigl  t  t( 
trial  by  jury,  as  provided  by  the  seventh  amendmei  t  t( 
the  constitution  of  the  United  States,  or  as  provide  1  b: 
the  constitution  of  this  State.  An  appeal  shall  li  >  t( 
the  Supreme  Court  from  the  decree  in  such  action,  am 
the  cause  shall  have  precedence  over  all  other  civl 
actions  of  a  different  nature  pending  in  the  Sup  ein< 
Court. 

Appeals  to  Supreme  Court.  §  6.  Appeals  may  be  1  ikei 
to  the  Supreme  Court  from  the  judgment  of  any  Dii  trie 
Court  in  any  action  brought  under  the  provisions  of  thl: 
Act;  such  appeals  shall  have  precedence  over  all  the 
business,  except  criminal  business,  and  original  pre 
ceedings  in  such  court,  and  shall  be  heard  and  ( etej 
mined  as  are  appeals  in  civil  actions. 

Review  of  orders  regulating  rates.  §  7.  Any  rai  roai 
may  bring  an  action  in  the  District  Court  of  the  ci  unt: 
where  the  principal  office  or  place  of  business  is  situated 
or  in  any  comty  where  any  such  rule,  regulaticn  o 
order  of  the  board  is  applicable,  against  the  said  1  oar 
as  defendant,  to  determine  whether  or  not  any  sucl 
rule,  regulation  or  order  made,  fixed  or  established  b: 
the  board  under  provisions  of  this  Act  is  just  am 
reasonable:  Provided,  that  until  the  final  decisic  n  1; 
any  such  action  the  rule,  regulation  or  order  o  th 
board  affecting  any  railroad  shall  be  deemed  to  be  flna 
and  conclusive;  and  provided,  further,  that  in  any  a;tiori 
hearing  or  proceeding  in  any  court,  the  rules,  rrguUl 
tions  and  orders  made,  fixed  and  established  by  sal ' 
board  shall  prima  facie  be  deemed  to  be  just,  reascnabl  I 
and  proper.  All  costs  and  expenses  incurred  in  the  heaii 
Ing,  trial  or  appeal  of  any  action  brought  under  thi  I 
section  shall  be  fixed  and  assessed  as  by  the  court  ma; 
seem  just/  and  equitable. 

Repeal.  §  8.  All  Acts  and  parts  of  Acts  in  confllc 
with  the  provisions  of  this  Act  are  hereby  repealed. 

In  effect  forthwith.  §  9.  This  Act  shall  be  in  full  fore 
and  effect  from  and  after  its  passage  and  approval. 

Approved   March  10,  1909. 

REPOBTINO    TRAIN    DELAYS. 

Railroads  to  bulletin  trains.  §  1.  All  railway  corpon 
tlons  operating  in  the  State  of  Montana  upon  the  arrival  ( 


Public  Servick  Laws 


823 


all  passenger  trains,  at  the  first  open  telegraph  or  tele- 
phone station  within  the  State  shall  report  by  telegraph 
Or  telephone  stations  within  the  State  of  Montana, 
at  least  four  hours  in  advance  of  said  train,  to  all  sta- 
tions on  the  route  thereof  at  which  said  train  is  sched- 
uled to  stop,  and  to  all  railway  telegraph  or  telephone 
stations  located  on  branch  lines  over  which  there  Is 
a  regular  train  carrying  passengers,  and  which  is  sched- 
uled to  connect  with  the  train  first  above  referred  to, 
whether  the  train  is  on  time  or  late,  and  if  the  latter, 
the  number  of  hours  and  minutes  the  said  train  is  be- 
hind  its   advertised   schedule. 

Loss  or  gain  of  time.  §  2.  No  further  report  will  be 
required  relative  to  such  train  unless  it  shall  gain  time 
or  shall  become  later  than  first  reported,  to  the  ex- 
tent of  30  minutes,  in  which  event  every  such  additional 
30  minutes  delayed,  or  make  up  in  time,  must  be  re- 
ported to  stations  ahead  at  which  such  train  is  scheduled 
to  stop  either  by  telegraph  or  by  telephone,  at  least 
five  hours  in  advance  of  the  arrival  time  of  said  train. 

Notice  to  telephone  exchange.  §  3.  Every  operator, 
agent  or  person  in  charge  of  any  telegraph  or  tele- 
phone station  shall  post  a  notice  in  a  conspicuous  place 
in  the  station  or  waiting  room  showing  such  report  on 
any  such  train,  and  when  such  station  is  connected 
by  telephone  with  the  central  exchange  in  any  town 
or  city,  he  or  she  shall  promptly  notify  such  central 
exchange  if  the  train  is  on  time,  or  if  late,  the  extent 
of   loss   of   time. 

Penalty.  §  4.  Any  railway  or  railroad  corporation, 
operator,  agent  or  person  in  charge  of  the  telegraph  or 
telephone  station  who  shall  fail,  neglect  or  refuse  to 
post  said  notice  correctly,  or  advise  such  central  ex- 
change shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  for  each  offense 
not  less  than   $25   nor  more  than  $200. 

Repeal.  §  5.  All  Acts  and  parts  of  Acts  in  conflict  here- 
with are  hereby  repealed. 

In  effect  forthwith.  §  6.  This  Act  shall  be  In  full 
force  from  and  after  its  passage  and  approval. 

Approved  March  6,  1909. 

MEDICAL  AID. 

Nearest  physician  to  he  called.   §  1.    In  cases  of  Injuries 

to  or  received   by  any   railroad   trainmen   or    employe    of 

any    railroad    doing    business    in    this    State,    which    said 

injuries    shall    have    been    received    during    the    regular 

i    course  of   employment   of  said   railroad   trainmen  or   era- 

!    ploye,  or  any  one  of  said  railroad  trainmen  or  employe 

I    shall  have  the  right,  and  is  hereby  empowered  and  given 

authority,    to   call   upon    and   retain   the    services   of   the 

I    nearest   practicing   physician  or   surgeon   to   care  for  and 

I    treat  any  such  injured   trainmen  or  employe,   during  and 

j    until    such    time    as    one   of   the    regularly   employed    and 

1    paid   physician   or    surgeon    of    such    railroad    corporation 

can    and    is    able    to    treat    and    care    for    said    railroad 

trainman   or    employe. 

Railroad  liable  for  physician's  fees.  §  2.  In  cases 
where  the  services  of  any  physician  or  surgeon  other 
than  the  regularly  employed  physician  or  surgeon  of  the 
railroad  corporation  are  retained  and  hired  as  provided 
In  §  1  of  this  Act,  such  physician  or  surgeon  shall  be 
compensated  and  paid  a  reasonable  fee  for  such  services 
performed  by  him,   as   provided  in  §  1   of  this  Act. 

Misdemeanor  to  refuse  to  pay.  §  3.  If  any  railroad 
corporation  refuses  or  neglects  to  pay  for  the  services 
of  any  such  physician  as  hereinbefore  provided  for  within 
a  reasonable  time  after  such  physician  and  surgeon  has 
rendered  the  services  therefor,  such  railroad  corporation 
shall  be  guilty  of  a  misdemeanor. 

Repeal.  §  4.  All  Acts  or  parts  of  Acts  in  conflict  here- 
with  are  hereby   repealed. 

In  effect  forthwith.  §  5.  This  Act  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval  by 
the   governor. 

Approved   March   6,   1909. 

PERSONAL   INJURIES   TO  EMPLOYES. 

Railroad  liable  for  defects  in  equipment.     §  1.     Every 

person  or  corporation   operating  a  railroad   in   tjiis   State 

shall  be  liable  in  damages  to  any  person  suffering  injury 

while  he  is  employed  by  such  person  or  corporation  so 


operating  any  such  railroad,  or,  in  case  of  the  death  of 
such  employe,  instantaneously  or  otherwise,  to  his  or 
her  personal  representative,  for  the  benefit  of  the  sur- 
viving widow  or  husband  and  children  of  such  employe; 
and,  if  none,  then  of  such  employe's  parents;  and.  If 
none,  then  of  the  next  of  kin  dependent  upon  such 
employe,  for  such  injury  or  death  resulting  in  whole  or 
in  part  from  the  negligence  of  any  of  the  officers,  agents 
or  employes  of  such  person  or  corporation  so  operating 
such  railroad  in  or  about  the  handling,  movement  or 
oi)eration  of  any  train,  engine  or  car  on  or  over  such 
railroad,  or  by  reason  of  any  defect  or  insufficiency,  due 
to  its  negligence,  in  its  cars,  engines,  appliances,  ma- 
chinery, track,  roadbed,  works,  boat#,  wharves  or  other 
equipment. 

Contributory  negligence  no  bar  to  recovery.  §  2.  In  all 
actions  hereafter  brought  against  any  such  person  or 
corporation  so  operating  such  railroad,  under  or  by 
virtue  of  any  of  the  provisions  of  this  Act,  the  fact  that 
the  employe  may  have  been  guilty  of  contributory  negli- 
gence shall  not  bar  a  recovery,  but  the  damages  shall 
be  diminished  by  the  jury  in  proportion  to  the  amount 
of  negligence  attributable  to  such  employe:  Provided, 
that  no  such  employe,  who  may  be  injured  or  killed, 
shall  be  held  to  have  been  guilty  of  contributory  negli- 
gence in  any  case  where  the  violation  by  such  person  or 
corporation  so  operating  such  railroad  of  any  statute 
enacted  for  the  safety  of  employes  contributed  to  the 
injury  or  death  of  such  employe. 

Assumption  of  risk.  §  3.  Any  employe  of  any  such  person 
or  corporation  so  operating  such  railroad  shall  not  be 
deemed  to  have  assumed  any  risk  incident  to  his  em- 
ployment when  such  risk  arises  by  reason  of  the  negli- 
gence of  his  employer  or  of  any  person  in  the  service  of 
such   employer. 

Certain  contracts  void.  §  4.  Any  contract,  rule,  regula- 
tion or  device  whatsoever,  the  purpose  or  intent  of 
which  shall  be  to  enable  any  such  person  or  corporation 
so  operating  such  railroad  to  exempt  itself  from  any  liabil- 
ity created  by  this  Act  shall,  to  that  extent  be  void:  Pro- 
vided, that  in  any  action  brought  against  any  such  person 
or  corporation  so  operating  such  railroad,  under  or  by 
virtue  of  any  of  the  provisions  of  this  Act.  such  person 
or  corporation  may  set  oft  therein  any  sum  it  has  con- 
tributed or  paid  to  any  insurance,  relief  benefit  or  in- 
demnity that  may  have  been  paid  to  the  injured  employe, 
or  the  person  entitled  thereto,  on  account  of  the  injury 
or  death   for  which   said   action   is   brought. 

In  effect  forthwith.  §  5.  This  Act  shall  be  in  force  and 
effect  from   and   after  its   passage   and   approval. 

Approved   Feb.    16,   1911. 

LICENSE  TAX  ON  SLEEPING  CARS. 

Sleeping  car  companies  to  pay  $100  per  car  per  year. 
§  1.  Every  person,  association  or  corporation  engaged 
in  the  business  of  operating  sleeping  cars  carrying  pas- 
sengers from  one  point  to  another  within  the  State  of 
Montana  shall  pay  into  the  State  treasury,  on  or  before 
January  1  of  each  year,  a  license  tax  of  $100  for  each 
car  used  by  it  in  the  conduct  of  such  business. 

Reports  to  be  filed.  §  2.  Every  such  person,  association 
or  corporation  shall  annually,  on  December  31  of  each 
year,  file  in  the  office  of  the  State  treasurer  a  statement 
of  the  number  of  such  cars  used  by  it  during  the  year 
preceding  in  the  conduct  of  such  business  and  the  names 
of  such  cars,  so  far  as  the  same  have  names,  which 
statement  shall  be  verified  by  the  oath  of  some  officer 
of  the  corporation,  testifying  of  his  own  knowledge  as 
to   the   facts   therein   stated. 

In  effect  forthwith.  §  3.  This  Act  shall  be  in  force  aud 
effect  from  and  after  Us  passage  and  approval  by  the 
governor. 

Approved  March  11,  1911. 

DRINKING    ON    TRAINS. 

Misdemeanor  to  drink  on  train.  §  1.  Any  person  who 
shall  drink  any  intoxicating  liquors  publicly  as  a  bev- 
erage upon  any  train  carrying  passengers,  except  in 
the  buffet,  sleeping  or  dining  cars,  or  who  shall  be 
Intoxicated  upon  any  such  trains  operated  upon  any 
railroad  in  the  State  of  Montana,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 


824 


National  Association  of  Railway  Commissioners 


fined  in  any  sum  not  exceeding  |500,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  both 
such   fine  and   Imprisonment. 

Conductor  given  power  to  arrest.  §  2.  Police  power 
is  conferred  hereby  upon  every  conductor  of  a  railroad 
company  engaged  in  operating  trains  upon  lines  of  rail- 
way in  Montana,  and  it,  shall  be  the  duty  of  every  con- 
ductor while  upon  duty  upon '  any  train  or  car  used  for 
the  conveyance  of  passengers  to  arrest  every  person 
who  shall,  in  his  presence  or  to  his  knowledge,  violate 
the  provisions  of  §  1  of  this  Act,  and  to  deliver  him  or 
them  to  a  policeman,  constable,  sheriff  or  other  peace 
officer  at  any  station  where  such  officer  may  be  found, 
and  it  shall  be  the  duty  of  such  officer  to  make  complaint 
against  said  person  or  persons,  and  a  complaint  made  on 
information   and   belief  of  said   officer  shall  be  sufficient. 

Jurisdiction  of  justice  of  peace.  §  3.  That  any  justice 
of  the  peace  in  any  county  through  which  said  train 
shall  pass,  or  on  any  division  of  such  railroad,  shall 
have  jurisdiction  of   said   offense. 

Law  to  he  posted.  §  4.  It  shall  be  the  duty  of  every 
railway  company  operating  in  this  Statue  to  post  con- 
spicuously in  each  passenger  car  such  extracts  from  this 
Act  as  shall,  in  the  judgment  of  the  board  of  railway 
commissioners,  be  necessary  to  advise  the  public  of  the 
existence  of  this  Act. 

Repeal.  §  5.  All  Acts  and  parts  of  Acts  in  conflict  here- 
with are  hereby  repealed. 

When  in  effect.  §  6.  This  Act  shall  be  in  full  force  and 
effect  60  days  from  and  after  its  passage  and  approval. 

Approved  February  25,  1911. 

CHAPTER  18,  1909. 

An  Act  requiring  any  person,  railroad  corporation  or  com- 
pany operating  a  line  of  railway  in  the  State  of  Mon- 
tana to  equip  its  locomotive  engines  with  electric  head- 
lights  of   not   less   than    1,500   candle   power   without 
the    aid    of    a    reflector,    or    other    headlights    of    not 
less    than    1,500    candle    power    without    the    aid    of 
a  reflector,  and   providing  a  penalty  for  the  violation 
of  this  Act. 
Be  it  enacted  hy  the  legislative  assembly  of  the  State  of 
Montana: 
Electric  headlights  required.     §  1.     It  shall  be  the  duty 
of  any  person,  corporation  or  company  operating  any  rail- 
road or  railway  in  this  State,   within  one  year  after  the 
passage    of    this    Act,    to    equip    all    locomotive    engines 


used  in  the  transportation  of  trains  over  said  railroad 
or  railway  with  electric  headlights  of  not  less  than 
1,500  candle  power  measured  without  the  aid  of  a 
reflector.  Provided,  that  this  Act  shall  not  apply  to 
locomotive  engines  regularly  used  in  the  switching  of 
trains. 

Penalty.  §  2.  Any  person,  corporation  or  company 
operating  any  railroad  or  railway  in  this  State  violating 
the  provisions  of  §  1  of  this  Act  shall  be  deemed  guilty 
of  a  misdemeanor  and,  upon  conviction  thereof,  shall 
be  fined  not  less  than  $100  nor  more  than  $1,000  for  each 
offense. 

Repeal.     §   3.     All  Acts   and   parts  of  Acts  in  conflict 
with  the  provisions  of  this  Act  are  hereby  repealed. 
Approved  February  16,  1909. 

CHAPTER  75,  1909. 

An  Act  to  regulate  tie  hours  of  labor  of  telephone  op«T- 
ators  in  cities  and  towns  having  a  population  of  3,0')(> 
or  over. 

Be  it  enacted  by  the  legislative  assembly  of  the  State  of 
Montana: 

Hours  of  telephone  operators  limited.  §  1.  On  all  linss 
of  public  telephones  operated  in  whole  or  in  part 
within  this  State,  it  shall  hereafter  be  unlawful  for  aiy 
owner,  lessee,  company  or  corporation  to  hire  or  em- 
ploy any  operator  or  operators,  other  person  or  persons 
to  run  or  operate  a  telephone  board  or  boards  for 
more  than  nine  hours,  in  24  hours  in  cities  or  towns  havii  s 
a  population  of  3,000  inhabitants  or  over:  Provided,  horv- 
ever,  that  the  provisions  of  this  Act  shall  not  apply  o 
any  person  or  persons,  operator  or  operators,  operatii  g 
any  telephone  board  or  boards  more  than  nine  hours  n 
each  24  for  the  'purpose  of  relieving  another  emplo;  e 
in  case  of  sickness  or  other  unforeseen  cause  or  causes. 

§  2.  Any  owner,  lessee,  company  or  corporation,  wl  o 
shall  violate  any  of  the  provisions  of  this  Act  sh?  i 
upon  conviction  be  punished  by  a  flne  of  not  less  thij 
$100  nor  more  than  $500,  and  each  and  every  day  tlf 
sOch  owner,  lessee,  company  or  corporation,  may  e^ 
tinue  to  violate  any  of  the  provisions  of  this  Act,  shj 
be  considered  a  separate  and  distinct  offense  and  sh) 
be  punished  as  such. 

Repeal.    §  3.    All  Acts  and  parts  of  Acts  in  conflict  h« 
with  are  hereby  repealed. 

When  in  effect.    §  4.    This  Act  shall  be  in  full  force  ; 
effect  thirty  days  after  its  passage  and  approval. 
Approved  March  4,  1909. 


PUBLIC  SERVICE  LAWS  OF  NEBRASKA 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  III. 

LEGISLATIVE   POWKRS. 

Special  legislation  prohibited.  §  15.  The  legislature 
shall  not  pass  local  or  special  laws  in  any  of  the  fol- 
lowing cases,  that  is  to  say:  *  *  *  granting  to  any 
corporation,  association  or  individual  the  right  to  lay 
down  railroad  tracks  or  amending  existing  charters  for 
such  purpose;  granting  to  any  corporation,  association 
or  individual  any  special  or  exclusive  privileges,  immu- 
nity or  franchise  whatever.  In  all  other  cases  where 
a  general  law  can  be  made  applicable,  no  special  law 
shall  be  enacted. 

Donations  of  land.  §  18.  Lands  under  control  of  the 
State  shall  never  be  donated  to  railroad  companies, 
private  corporations  or  individuals. 

ARTICLE  XI. 

RAILBOAD   CORPORATIONS. 

Pu&Hc  Office — Reports.  §  1.  Every  railroad  corporation 
organized  or  doing  business  in  this  State,  under  the  laws 
or  authority  thereof,  or  of  any  other  State,  or  of 
the  United  States,  shall  have  and  maintain  a  public 
office  or  place  in  this  State  for  the  transaction  of  its 
business,  where  transfers  of  stocks  shall  be  made,  and 
in  which  shall  be  kept,  for  public  inspection,  books 
in  which  shall  be  recorded  the  amount  of  capital  stock 


subscribed,  and  by  whom,  the  names  of  the  own^ 
of  its  stock,  and  the  amounts  owned  by  them  resp 
tively,  the  amount  of  stock  paid  in  and  by  whom, 
transfers  of  said  stock,  the  amount  of  its  assets  ai  ( 
liabilities,  and  the  names  and  places  of  residence  of  1  s 
oflicers.  The  directors  of  every  railroad  corporation  or 
other  parties  having  control  of  its  road,  shall  annual  y 
make  a  report  under  oath,  to  the  auditor  of  public  ac- 
counts, or  some  officer  to  be  designated  by  la'  \ 
of  the  amount  received  from  passengers  and  freigl  t. 
and  such  other  matters  relating  to  railroads  as  may  I  e 
prescribed  by  law.  And  the  legislature  shall  pass  laTS 
enforcing  by  suitable  penalties  the  provisions  of  this 
section. 

Property  liable  to  sale  on  execution.  §  2.  The  rolling 
stock  and  all  other  movable  property  belonging  to  aiy 
railroad  company  or  corporation  in  this  State,  shall  le 
liable  to  execution  and  sale  in  the  same  manner  as  tie 
personal  property  of  individuals,  and  the  legislature  shfll 
pass  no  law  exempting  any  such  property  from  executic  n 
and   sale. 

Consolidation  of  competing  lines.  §  3.  No  railroad  cor- 
poration or  telegraph  company,  shall  consolidate  its 
stock,  property,  franchises  or  earnings  in  whole  or  in  pjir, 
with  any  other  railroad  corporation  or  telegraph  com- 
pany owning  a  parallel  or  competing  line;  and  In  no 
case  shall  any  confolidation  take  place,  except  upon 
public  notice  of  at  least  60  days,  to  all  stockholders, 
in  such  manner  as  may  be  provided  by  law. 


Public  Service  Laws 


825 


Rates  of  charges — PutUc  highways — Limiting  liability. 
§  4.  Railways  heretofore  constructed,  or  that  may  hereafter 
be  constructed  in  this  State  are  Iiereby  declared  public 
highways,  and  shall  be  free  to  all  persons  for  the  trans- 
portation of  their  persons  and  property  thereon,  under 
such  regulations  as  may  be  prescribed  by  law.  And 
the  legislature  may  from  time  to  time  pass  laws  estab- 
lishing reasonable  maximum  rates  of  charges  for  the 
transportation  of  passengers  and  freight  on  the  different 
railroads  in  this  State.  The  liability  of  railroad  corpora- 
tions  as  common  carriers   shall  never  be  limited. 

Increase  of  stock  and  bonds.  §  5.  No  railroad  corpora- 
tion shall  issue  any  stock  or  bonds,  except  for  money, 
labor  or  property  actually  received  and  applied  to  the 
purpose  for  which  such  corporation  was  created;  and 
all  stock,  dividends  and  other  fictitious  increase  of  the 
capital  stock  or  indebtedness  of  any  such  corporation 
shall  be  void.  The  capital  stock  of  railroad  corporations 
shall  not  be  increased  for  any  purpose,  except  after 
public  notice  for  60  days,  in  such  manner  as  may  be 
provided  by  law. 

Eminent  domain.  §6.  The  exercise  of  the  power  and 
the  right  of  eminent  domain  shall  never  be  so  construed 
or  abridged  as  to  prevent  the  taking  by  the  legislature, 
of  the  property  and  franchises  of  incorporated  companies 
already  organized,  or  hereafter  to  be  organized,  and 
subjecting  them  to  the  public  necessity  the  same  as  of 
individuals. 

Abuses  to  be  regulated  by  law.  §  7.  The  legislature 
shall  pass  laws  to  correct  abuses  and  prevent  unjust  dis- 
crimination and  extortion  in  all  charges  of  express, 
telegraph  and  railroad  companies  in  this  State  and  en- 
force such  laws  by  adequate  penalties  to  the  extent,  if 
necessary  for  that  purpose,  of  forfeiture  of  their  prop- 
erty and   franchises. 

Railroads  organized  in  other  States.  §  8.  No  railroad 
corporation,  organized  under  the  laws  of  any  other 
State,  or  of  the  United  States,  and  doing  business  In 
this  State  shall  be  entitled  to  exercise  the  right  of  emi- 
nent domain  or  have  power  to  acquire  the  right  of  way, 
or  real  estate  for  depot  or  other  uses,  until  it  shall  have 
become  a  body  corporate  pursuant  to  and  in  accordance 
with  the  laws  of  this  State. 

ARTICLE  XIa. 

MUNICIP.\L   CORPORATIONS. 

Subscriptions.  §  1.  No  city,  county,  town,  precinct, 
municipality,  or  other  subdivision  of  the  State,  shall 
ever  become  a  subscriber  to  the  capital  stock,  or  owner 
of  such  stock,  or  any  portion  or  interest  therein  of  any 
railroad,  or  private  corporation,  or  association. 

ARTICLE  Xlb. 

MISCELL.\NEOUS    CORPORATIONS. 

Incorporations  to  be  by  general  law.  §  1.  No  corpora- 
tion shall  be  created  by  special  law,  or  its  charter  ex- 
tended, changed  or  amended,  except  those  for  charitable, 
educational,  penal  or  reformatory  purposes,  which  are  to 
be  and  remain  under  the  patronage  and  control  of  the 
State,  but  the  legislature  shall  provide  by  general  laws 
for  the  organization  of  all  corporations  hereafter  to  be 
created.  All  general  laws  passed  pursuant  to  this  sec- 
tion may  be  altered   from  time  to  time,  or  repealed. 

Street  railroads.  §  2.  No  such  general  law  shall  be 
passed  by  the  legislature  granting  the  right  to  con- 
struct and  operate  a  street  railroad  within  any  city, 
town  or  incorporated  village,  without  first  requiring  the 
consent  of  a  majority  of  the  electors  thereof. 

Suits.  §  3.  All  corporations  may  sue  and  be  sued  in  like 
cases  as  natural  persons. 

ARTICLE  XII. 

STATE,    COUNTY    AND    MUNICIPAL    INDEBTEDNESS. 

Donations.  §  2.  No  city,  county,  town,  precinct,  mu- 
nicipality, or  other  subdivision  of  the  State,  shall  ever 
make  donations  to  any  railroad,  or  other  works  of  in- 
ternal improvement,  unless  a  proposition  so  to  do,  shall 
,  have  been  first  submitted  to  the  qualified  electors  there- 
of, at  an  election  by  authority  of  law;  provided,  that 
such   donations  of  a   county  with  the  donations  of  such 


subdivisions  in  the  aggregate  shall  not  exceed  10  per 
cent  of  the  assessed  valuation  of  such  county;  pro- 
vided, further,  that  any  city  or  county  may  by  a  two- 
thirds  vote  increase  such  indebtedness  5  per  cent  in  ad- 
dition to  such  10  per  cent;  and  no  bonds  or  evidences 
of  indebtedness  so  issued  shall  be  valid,  unless  the  same 
shall  have  endorsed  thereon  a  certificate  signed  by  the 
secretary  and  auditor  of  State,  showing  that  the  same 
is   issued   pursuant  to   law. 

Loan  of  credit.  §  3.  The  credit  of  the  State  shall  never 
be  given  or  loaned  in  aid  of  any  Individual,  association 
or  corporation. 

AMENDMENT  ADOPTED   AT  AN   ELECTION  HELD   NOVEMBER  6,   1906. 

State  railway  commission.  There  shall  be  a  State  rail- 
way commission  consisting  of  three  members,  who  shall 
be  first  elected  at  the  general  election  in  1906,  whose 
term  of  oflSce,  except  those  chosen  at  the  first  election 
under  this  provision,  shall  be  six  years,  and  whose  com- 
pensation shall  be  fixed  by  the  legislature.  Of  the 
three  commissioners  first  elected,  the  one  receiving  the 
highest  number  of  votes,  shall  hold  his  office  for  six 
years,  the  next  highest  four  years,  and  the  lowest  two 
years.  The  powers  and  duties  of  such  commission  shall 
Include  the  regulation  of  rates,  service  and  general 
control  of  common  carriers  as  the  legislature  may 
provide  by  law.  But  in  the  absence  of  specific  legis- 
lation, the  commission  shall  exercise  the  powers  and  per- 
form the  duties  enumerated  in  this  provision. 

STATUTE  LAW. 

RAILWAY    COMMISSION    ACT. 

Article  8,  chapter  72,  Wheeler's  Compiled  Statutes 
for  1909,  as  amended  by  Senate  File  No.  242,  1911. 
(Amendment  in  italics.) 

Eligibility,  salaries  of  commissioners,  clerks,  etc.  §  1. 
The  members  of  the  State  railway  commission  shall  be 
resident  citizens  of  this  State,  and  qualified  voters 
under  the  constitution  and  laws  thereof,  and  not  less 
than  30  years  of  age.  No  person  shall  be  eligible  to 
the  ofllce  of  State  railway  commissioner  who  is  di- 
rectly or  indirectly  interested  in  any  railway  company 
In  this  State,  or  out  of  it,  or  who  is  in  any  way  or 
manner  pecuniarily  Interested  in  any  railroad  corpora- 
tion, or  any  other  common  carrier  subject  to  the  pro- 
visions of  this  Act,  and  If  such  commissioner,  or  any  of 
them,  become  so  interested,  after  his  election  or  ap- 
pointment, his  office  shall  become  vacant;  and  if  any 
railway  commissioner  shall  become  so  Interested  otherwise 
than  voluntarily  he  shall  within  a  reasonable  time  divest 
himself  of  such  interest,  failing  to  do  this,  his  office 
shall  become  vacant.  No  railway  commissioner  shall 
hold  any  other  office  under  the  government  of  the  United 
States  or  of  this  State,  or  of  any  other  State  govern- 
ment; and  shall  not  while  such  commissioner  engage 
in  any  other  occupation.  The  governor  shall  fill  ajl 
vacancies  in  the  office  of  railway  commissioner  by  ap- 
pointment, and  the  persons  so  appointed  shall  fill  said 
office  until  the  next  general  election  after  his  said  ap- 
pointment. Before  entering  upon  the  duties  of  his 
office,  each  of  said  commissioners  shall  take  and  sub- 
scribe to  the  oath  of  office  prescribed  in  the  constitu- 
tion, and  shall,  In  addition  thereto,  swear  that  he  is 
not  directly  or  indirectly  interested  in  any  railroad,  nor 
In  the  bonds,  stock,  mortgages,  securities,  contracts  or 
earnings  of  any  railway  company  or  common  carrier, 
and  that  he  will,  to  the  best  of  his  ability,  faithfully 
and  justly  execute  and  enforce  the  duties  devolving 
upon  him  as  such  railway  commissioner,  which  oath 
shall  be  .filed  with  the  secretary  of  State.  Bach  of 
said  commissioners  shall  receive  an  annual  salary  of 
$3,000  payable  in  the  same  manner  that  the  salaries  of 
other  State  officers  are  paid.  In  addition  thereto  the 
commissioners,  secretary  and  clerks  and  other  employes 
of  said  Commission  shall  be  entitled  to  receive  from  the 
State  their  actual  necessary  traveling  expenses,  which 
shall  include  the  cost  of  transportation  while  traveling 
on  the  business  of  the  commission,  to  be  paid  in  the 
same  manner  as  other  claims  against  the  State. 

Organization — Salaries — Powers  and  duties.  §  2.  Im- 
mediately after  the  members  of  said  commission  have 
taken    the    oath    of   office   herein    prescribed,    they   shall 


826 


National  Association  of  Eailway  Commissioners 


meet  at  Lincoln,  Nebraska,  and  organize  by  electing  one 
of  their  member  chairman,  and  appoint  a  secretary  at 
a  salary  of  not  'more  than  $2,500  per  annum,  except  as 
otherwise  provided,  who  shall  take  the  same  oath  as 
the  commissioners,  and  any  person  ineligible  to  the 
office  of  commissioner  shall  be  ineligible  to  the  office  of 
secretary  of  said  commission.  Said  commission  may 
also  appoint  not  more  than  two  clerks  at  a  salary  of 
not  more  than  $1,200  each  per  annum,  except  as  other- 
wise provided,  at  least  one  of  such  clerks  to  be  an 
expert  stenogi"apher  and  typewritter,  and  such  other 
persons  as  experts  as  may  be  necessary  to  perform  any 
duty  that  may  be  required  of  them  by  this  Act;  pro- 
vided, however,  that  said  commission  has  the  power  to 
pay  any  sum  to  its  secretary  and  two  clerks  not  exceed- 
ing the  sum  of  $6,000  in  the  aggregate,  to  be  appor- 
tioned as  may  to  the  commission  seem  practicable. 
The  secretary  shall  keep  full  and  correct  minutes  of  all 
transaction  and  proceedings  of  said  commission,  and  it 
shall  be  his  duty,  upon  request  and  being  paid  the 
lawful  fees  therefor,  to  furnish  a  transcript,  duly  au- 
thenticated by  said  commission,  of  any  record  or  rec- 
ords of  said  commission  made  on  any  hearing  of  any 
kind,  and  perform  such  duties  as  may  be  required  by  the 
commission.  The  secretary  shall  charge  such  fees  for 
furnishing  a  transcript,  as  are  allowed  by  law  on  appeal 
from  the  District  Court  to  the  Supreme  Court  of  this 
State,  and  shall  turn  said  fees  into  the  general  fund 
provided  for  the  expenses  of  said  commission.  The  com- 
mission shall  have  power  to  make  all  needful  rules  and 
regulations  for  the  government  of  their  proceedings. 
They  shall  be  known  collectively  as  the  "Nebraska  State 
Railway  Commission,"  and  shall  have  a  seal,  similar 
to  the  seal  of  this  State,  with  the  words  "Railway  Com- 
mission of  Nebraska,"  engraved  thereon.  They  shall  be 
furnished  with  an  office  in  the  capltol  at  Lincoln,  Ne- 
braska, and  with  necessary  furniture,  stationery  and 
supplies. 

Sessions,  (a)  Said  railway  commission  may  hold  ses- 
sions at  any  place  in  this  State  when  deemed  necessary 
to  facilitate  the  discharge  of  their  duties,  and  may 
conduct  the  hearing  and  other  proceedings  provided  for 
herein,  or  under  any  other  law  of  this  State,  at  such 
place  or  places  in  the  State,  as  may  in  the  judgment 
of  said  commission,  be  the  most  convenient  and  prac- 
ticable for  determining  the  particular  matter  before  said 
commission. 

General  control  over  carriers,  (b)  Said  commission 
shall  have  the  power  to  regulate  the  rates  and  services  of, 
and  to  exercise  a  general  control  over  all  railroads,  ex- 
press companies,  car  companies,  sleeping  car  com- 
panies, freight  and  freight  line  companies,  and  all  other 
common  carriers  engaged  in  the  transportation  of  freight 
or  passengers  within  the  State. 

Investigations,  (c)  Said  commission  shall  investigate 
any  and  all  cases  of  alleged  neglect  or  violations  6f  the 
laws  of  the  State  by  any  railway  company,  or  common 
carrier  subject  to  the  provisions  hereof,  doing  business 
in  this  State,  or  by  the  officers,  agents  or  employes 
thereof,  and  take  such  action  with  reference  thereto  as 
may  be  provided  herein,  or  under  the  laws  of  this  Stata 
providing  for  the  regulation  of  railway  companies  o.r 
common   carriers. 

Discriminations,  (d)  Said  commission  shall  have  the 
power,  and  it  shall  be  its  duty  to  make  all  necessary 
classifications  and  to  fix  all  necessary  rates,  charges 
and  regulations  to  govern  and  regulate  the  freight  and 
passenger  tariffs  of  railway  companies  and  common  car- 
riers, the  power  to  correct  abuses  and  prevent  unjust 
discriminations,  extortions  and  overcharges  in  rates  of 
freight  and  passenger  tariffs  on  the  different  railroads 
in  this  State,  and  to  enforce  the  same  by  having  the 
penalties  inflicted  as  hereinafter  provided,  through  proper 
courts  having  jurisdiction. 

freight  rates,  (e)  Said  commission  shall  have  the 
power,  and  it  shall  be  its  duty,  to  fairly  and  justly 
classify  and  subdivide  all  freight  and  property  of  what- 
soever character , jind  description  that  may  be  trans- 
ported over  the  railways  of  this  State,  into  such  general 
and  special  classes  as  may  be  found  necessary  and  ex- 
pedient, and  fix  to  each  class  or  subdivision  of  freight, 
a  reasonable  rate  for  each  railway  company  or  common 
carrier,   for   the   transportation   of   each   of   said   classes 


48 

I 


and  subdivisions;  the  classifications  herein  provided  for 
shall  apply  to  and  be  the  same  for  all  railway  compa- 
nies or  common  carriers  subject  to  the  provisions  of 
this  Act. 

Same,  (f)  Said  commission  may  fix  different  rates  for 
different  railroads  and  for  different  lines  under  the  same 
management,  or  for  different  parts  of  the  same  lines, 
if  found  necessary  to  do  justice,  and  may  make  rates  for 
express  companies  different  from  the  rates  for  railroads. 

Connecting  lines,  (g)  The  said  commission  shall  have 
power,  and  it  shall  be  its  duty,  to  fix  for  all  or  any 
connecting  lines  of  railroad  in  this  State,  reasonable 
joint  rates  of  freight  charges,  terminal  switching  charges, 
for  the  various  classes  of  freight  and  cars  that  may 
pass  over  two  or  more  lines  of  such  railroads,  and  if 
any  two  or  more  connecting  railroads  shall  fail  to  agree 
upon  a  fair  and  just  division  of  the  charges  arising 
from  the  transportation  of  freights,  passengers  or  cars 
over  their  lines,  the  commission  shall  fix  the  pro  rata 
part  of  such  charges  to  be  received  by  each  of  88.1d 
connecting  Unes 

Demurrage,  (h)  Said  Qommission  shall  make  and  es- 
tablish reasonable  rates  of  charges  for  each  railway 
company  or  common  carrier  subject  hereto  for  the  use 
or  transportation  of  loaded  or  empty  cars  on  its  road; 
and  may  establish  for  each  railroad  or  for  all  railroads 
alike  reasonable  rates  for  the  storing  and  handling  of 
freight  and  for  the  use  of  cars  not  unloaded  after  48 
hours  notice  to  the  consignee,  not  to  include  Sundajfji 
and  legal  holidays.  j 

Inspection,  (i)  The  said  commission  shall  have  poij 
to  examine  into  and  inspect,  from  time  to  time,  t 
condition  of  each  railway,  or  common  carrier,  its  equ 
ment,  and  the  manner  of  its  conduct  and  managem« 
with  regard  to  the  public  safety  and  convenience  in  ttie 
State;  and  if  any  part  thereof  is  found  in  an  unsi  fe 
and  dangerous  condition  said  commission  shall  imme  11- 
ately  notify  the  railway  company  or  common  carr  er 
whose  duty  it  is  to  put  the  same  in  repair,  which  sh  ill 
be  done  by  it  within  a  reasonable  time  after  receivi  ig 
such  notice,  and  if  any  railway  company  or  common  c  ir- 
rier  subject  to  the  provisions  of  this  Act,  fails  to  perfo  m 
this  duty,  said  commission  may  enjoin  and  prev<  nt 
it  from  running  trains  over  the  same  while  in  svc 
unsafe   and   dangerous   condition.  . 

Oaths — Evidence,      (j)     The  chairman  and  each  off  _ 
commissioners,  for  the   purposes  mentioned  in  this  ch  u 
ter,  shall  have  power  to  administer  all  oaths,  certify  to  ill 
official   acts,    to    compel   the   attendance   of   witnesses,   to 
examine   any  of   the   books,    papers,   documents   and   i  jo- 
ords  of  any  railway  company  or  common  carrier  subj  ct 
to   the   provisions  of  this  Act,  or  have  such   examinat  on 
made   by   any   person   or   persons  that   they   may   emp  oy 
for  that  purpose,  to  compel  the  production  of  spch  hoc  48, 
papers,    documents    and    records,    or    to    examine    un  ler 
oath,  or  otherwise,  any  officer,  director,  agent,  or  employe 
of    any    railway    company    or    common    carrier    subj  ?ct 
to    the    provisions    of    this    Act    or    any    other    person; 
provided,   that  any   person   or   persons   employed   by  s  i,id 
commission    to    examine    said    books,    papers,    docume  its 
or   records,   shall   produce   his   authority,   under   the   hi  nd 
and  seal  of  said  commission,  to  make  such  examinat:  on. 
Refusal  to  testify,     (k)     In  case  any  witness  shall  ;ail 
or   refuse  to  obey   any   subpoena  Issued  by  said   comi  lis- 
sion,     or     to     produce     before     said     commission     s  ich 
books,     papers,     documents     or     records     as     shall      ive 
been      enumerated      and      required      in      any     subpoena, 
or   shall    fail   or   refuse   when   before   said   commission   to 
give    such   testimony    lawfully   required    by   them,   or   fall 
or    refuse    to    answer    such    question    as    may    be     >ro- 
pounded    by    them    and    which    he    would,^   be    required   to 
answer   if  in  court,   he  shall  be  deemed  guilty  of  a  mis- 
demeanor  and   upon    conviction   thereof   for   each   offtnse 
shall    be    fined    in    any   sum    not   exceeding   $5,000.      I'he 
claim   that  any   such  testimony   may  tend  to  incriminate 
the   person  giving  it  shall  not  excuse  such  witness  f-om 
testifying,   but   such    evidence   or   testimony   shall   not   be 
used    against   such    person   on   the   trial   of   any   criminal 
proceedings;     provided,    that    testimony    may    be    taken 
by    deposition    as    in    suits    at    law;    provided,    that    wit- 
ness fees  shall  be  paid  as  provided  by  law  in  attendance 
at    anv    District    Court    in    this    State.      The    sheriff    or 
constable    executing    any    process    under    the    provisions 


nt 

a 


Public  Service  Ix4ws 


887 


of    this    Act   shall   receive   such   compensation    as   is   pro- 
vided  by   law  for  performing  similar  services. 

Attorney-general.  (1)  Said  commission  may  consult 
and  advise  with  the  attorney-general  from  time  to  time 
with  reference  to  any  or  all  matters  upon  which  they 
may  require  advice,  and  it  shall  be  the  duty  of  the 
attorney-general  to  give  such  advice  as  the  commission 
may  require  of  him,  and  to  perform  such  other  services 
within  the  line  of  his  duty  as  said  commission  may  re- 
quire. 

Rules,  (n)  Said  commission  shall  have  the  power  to 
adopt  rules  and  regulations  to  govern  its  proceedings, 
the  mode  and  manner  of  conducting  investigations  and 
hearing  of  railroad  companies,  common  carriers  and 
other  persons  before  it,  with  reference  to  the  fixing  of 
any  rate  or  rates,  classifications  and  charges  for  the 
transportation  of  freight  and  cars,  the  making  of  any 
orders  provided  for  herein  or  under  the  laws  of  this 
State  relating  to  the  control  and  regulation  of  railway 
companies  and  common  carriers,  and  other  acts  required 
of  it  by  the  laws  of  this  State;  provided,  that  no  person 
desiring  to  be  present  at  any  such  investigation  or  hear- 
ing by   said   commission   shall  be   denied  admission. 

Report  to  governor.  (o)  Said  commission  shall  an- 
nually, on  or  before  the  first  Monday  in  December, 
make  a  report  to  the  governor  of  its  doings  for  the  pre- 
ceding year,  containing  such  facts,  statements  and  expla- 
nations as  will  disclose  the  workings  of  railroad  systems 
of  this  State,  and  their  relation  to  the  general  business 
and  prosperity  of  the  citizens  thereof,  with  such  sugges- 
tions and  recommendations  in  respect  thereto  as  may 
to  the  commission  seem  appropriate.  Said  report  shall 
also  contain,  as  to  every  railroad  corporation  doing  busi- 
ness in  this  State: 

(1)  The   amount   of   its   capital. 

(2)  The  amount  of  its  preferred  and  common  stock, 
if   any,   and    the   condition   of   each. 

(3)  The  amounts  of  its  funded  debt  and  the  rate  of 
Interest. 

(4)  The   amount  of  its   floating  debt. 

(5)  The  cost  and  actual  present  cash  value  of  its 
road  equipment,  including  permanent  way,  buildings  and 
rolling  stock,  all  real  estate  used  exclusively  in  operat- 
ing the  road,  and  all  fixtures  and  conveniences  for  trans- 
acting  its   business. 

(6)  The  estimated  value  of  all  other  property  owned 
by  it,  with  schedule  of  the  same,  not  including  lands 
granted  in  aid  of  its  construction. 

(7)  The  number  of  acres  originally  granted  by  the 
United  States  or  this  State  in  aid  of  the  construction  of 
said  road. 

(8)  The  number  of  acres  of  such  land  remaining 
unsold. 

(9)  A  list  of  Its  ofBcers  and  directors,  with  their 
respective  places  of  residence. 

(10)  Such  statistics  of  the  road  and  of  its  transpor- 
tation business  for  the  year  as  may,  in  the  judgment  of 
the  commissioners,  be  necessary  and  proper  for  the  infor- 
mation of  the  legislature,  or  as  may  be  required  by  the 
governor. 

(11)  The  average  amount  of  tonnage  that  can  be 
carried  over  each  road  in  the  State  with  an  engine  of 
given  power.  Said  report  to  exhibit  and  refer  to  the 
conditions  of  said  railway  companies  on  the  first  day  of 
July  of  each  year,  and  the  details  of  its  transportation 
business  transacted  during  the  year  ending  June  30. 

Certified  record  as  evidence,  (p)  Copies  of  the  records, 
schedules,  orders,  rates,  classifications,  .charges,  rules 
and  regulations  and  all  findings  of  whatsoever  character 
of  the  commission,  when  authenticated  by  a  certificate 
thereto  attached  under  the  seal  of  said  commission, 
signed  by  the  chairman  thereof,  that  the  same  is  a  true 
and  correct  copy  of  the  original  records,  schedules, 
orders,  rates,  classifications  and  findings,  in  the  office 
of  said  commission,  shall  be  received  in  evidence  in 
all  courts   in   this   State  without  further  proof. 

Investigation  of  interstate  charges,  (q)  Said  commis- 
sion shall  have  the  power  and  '\l  shall  be  its  duty,  to 
Investigate  thoroughly  all  through  frejght  charges  from 
points  without  the  State  to  points  within  the  State,  both 
those  now  fixed  and  those  that  may  be  hereafter  fixed. 
Whenever    the    commission    finds    that    a    through    rate 


charged  from  a  point  without  the  State  to  a  point  within 
the  State  or  from  a  point  within  the  State  to  a  point 
without  the  State,  is,  in  their  opinion,  excessive,  unreason- 
able, unjust  or  discriminating  in  its  nature,  it  shall  be 
the  duty  of  the  commission  to  call  the  attention  of  the 
railroad  officials  to  the  fact  and  urge  upon  them  the 
propriety  of  changing  such  rate  or  rates.  Whenever 
such  rate  or  rates  are  not  changed  according  to  the 
suggestions  of  the  commission  it  shall  be  the  duty  of 
the  commission  and  it  is  hereby  given  power  and  author- 
ity, to  present  the  facts  to  the  Interstate  Commerce 
Commission  and  appeal  to  it  for  relief.  In  such  appeal 
and  in  the  prosecution  of  the  same  before  the  Inter- 
stae  Commerce  Commission  the  State  railway  commis- 
sion shall   have   the  assistance  of  the  attorney-general. 

Accounts,  (r)  The  commission  may,  in  Its  discretion, 
prescribe  the  forms  of  any  and  all  accounts,  records 
and  memoranda  to  be  kept  by  farriers  subject  to 
the  provisions  of  this  Act,  including  the  accounts,  rec- 
ords and  memoranda  of  the  movement  of  traffic  as  well 
as   the  receipts  and  expenditures  of  money. 

The  commission  shall  at  all  times  have  access  to 
air  accounts,  records  and  memoranda  kept  by  carriers 
subject  to  the  provisions  of  this  Act,  and  it  shall  be 
unlawful  for  such  carriers  to  keep  any  other  accounts, 
records  or  memoranda  than  those  prescribed  or  approved 
by  the  commission,  and  it  may  employ  special  agents 
or  examiners,  who  shall  have  authority  under  the  order 
of  the  commission  to  Inspect  and  examine  any  and  all 
accounts,  records,  and  memoranda  kept  by  such  car- 
riers. This  provision  shall  apply  to  receivers  of  carriers 
and   operating   trustees. 

Penalties.  §  3.  Any  railway  company  or  common  car- 
rier or  any  person  who  may  have  in  his  or  her  possession 
any  book,  paper,  document  or  record  belonging  to  any  rail- 
way company  or  common  carrier  subject  to  the  provisions 
of  this  Act  who  shall,  upon  proper  demand,  fall  or  refuse 
to  exhibit  to  the  commissioners,  or  any  of  them,  or  any 
person  authorized  by  said  commissioners  to  investigate  the 
same,  any  book,  paper,  document  or  records  of  such  railway 
company  or  common  carrier,  which  is  In  the  possession  or 
under  the  control  of  said  railway  company  or  common  car- 
rier, or  any  officer,  agent  or  employe  thereof,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  for  each  offense  a  sum  not  less  than  $1,000  nor  more 
than   $5,000. 

Any  officer,  agent  or  employe  of  any  railroad  company 
or  any  person  who  shall,  upon  proper  demand,  fall  or 
refuse  to  exhibit  to  the  commissioners,  or  any  of  them, 
or  any  person  authorized  by  said  commissioners  to  Inves- 
tigate the  same,  any  book,  paper,  document  or  records 
of  such  railway  company  or  common  carrier,  which 
is  in  the  possession  or  under  the  control  of  such  officer, 
agent  or  employe,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  in  any  court  having  jurisdiction 
thereof,  shall  be  fined  for  each  offense  a  sum  of  not  less 
than  $100  nor  more  than  $500,  or  to  be  imprisoned  In 
the  county  jail  not  less  than  10  days  nor  more  than  30 
days,  or  both  within  the  discretion  of  the  court. 

Railway  company  and  common  carrier,  defined.  §  4.  The 
term  railway  company  as  used  herein  shall  be  taken  to 
include  all  corporations,  companies,  individuals  and  asso- 
ciations of  individuals,  their  lessees  or  receivers  (ap- 
pointed by  any  court  whatsoever)  that  may  now  or 
hereafter  own,  operate,  manage  or  control  any  railroad 
or  part  of  a  railroad  in  this  State,  and  all  corporations, 
companies  and  associations  of  individuals,  their  lessees 
or  receivers,  as  shall  do  the  business  of  common  carriers 
on   any   railroad   in   this   State. 

The  term  common  carrier  as  used  herein  shall  be 
taken  to  Include  all  corporations,  companies,  individuals 
and  association  of  individuals,  their  lessees,  or  receivers 
(appointed  by  any  court  whatsoever)  that  may  now  or 
hereafter  own,  operate,  manage  or  control  any  railroad, 
Interurban  or  street  railway  line,  operated  either  by 
steam  or  electricity  or  any  other  motive  power,  or  part 
thereof,  or  any  express  company,  car  company,  sleeping 
car  company,  freight  and  freight  line  company,  telegraph 
and  telephone  companies  and  any  other  carrier  engaged 
in  the  transmission  of  messages  or  transportation  of  pas- 
sengers or  freight  for  hire. 

Schedules  of  rates  and  charges,   how  fixed  and  estab- 


838 


National  Association  of  Railway  Commissioners 


Ushed.  §  5.  It  shall  be  the  duty  of  all  common  carriers 
within  the  State,  to  file  with  the  State  railway  commis- 
sion, within  30  days  after  this  Act  shall  take  effect, 
all  freight  and  passenger  schedules,  classifications,  rates, 
tariffs  and  charges  used  by  said  common  carriers  and 
In  effect  on  January  1,  1907;  both  State  and  interstate 
and  proportional  charges.  Any  common  carrier  subject 
to  the  provisions  of  this  Act  who  shall  fail,  neglect  or 
refuse  to  furnish  and  file  the  schedules,  classifications, 
rates,  tariffs  and  charges  as  provided  herein  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  thereof,  for  each 
offense,  shall  be  fined  in  any  sum  not  to  exceed 
125,000. 

Until  the  commission  shall  make  the  classifications 
and  schedules  of  rates  as  herein  provided  for,  and  after- 
wards if  they  deem  advisable,  they  may  make  partial 
or  special  classifications  for  all  or  any  of  the  railroads 
subject  hereto,  and  fix  the  rates  to  be  charged  by  the 
roads  therefor;  and  such  classifications  and  rates  shall 
be  put  into  effect  in  the  manner  provided  for  general 
classifications  and  schedules  of  rates.  The  commission 
shall  have  the  power  to  alter,  change,  amend  or  abolish 
any  classification  or  rate  when  deemed  necessary,  and 
such  amended,  altered,  or  new  classifications  or  rates 
shall  be  put  Into  effect  in  the  same  manner  as  the  orig- 
inals. 

The  said  railway  commission  shall  fix  as  soon  as 
practicable  thereafter  a  schedule  and  classification  of 
rates  and  charges  except  joint  rates  hereinafter  pro- 
vided for,  for  the  transportation  of  freights,  passengers 
and  cars  over  the  various  lines  of  railroad  in  this  State 
and  to  that  end  the  said  commission  shall  give  the  rail- 
road company  or  common  carriers  to  be  affected  thereby 
10  days  notice  of  the  time  and  place  when  and  where  the 
rates  will  be  fixed  and  any  such  railroad  company  or 
common  carriers  shall  be  entitled  to  be  heard  at  such 
time  and  place  to  the  end  that  justice  may  be  done; 
and  shall  have  process  to  enforce  the  attendance  of 
witnesses  to  be  served  as  in  civil  cases.  Said  schedule 
of  rates  and  charges  so  fixed  and  prescribed  shall  go 
into  effect  not  less  than  30  days  nor  more  than  60  days 
within  the  discretion  of  the  commission  after  the  same 
have  been  completed  and  copies  thereof  mailed  to  the 
railway  companies  and  common  carriers  affected  thereby 
and  any  or  all  rates  therein  contained  shall  be  and  re- 
main in  force  and  effect  from  and  after  said  time  unless 
modified,  annulled  or  otherwise  revised  either  in  whole 
or  in  part  by  the  said  railway  commission,  upon  a 
hearing  with  respect  thereto  before  said  commission  or 
(mtil  such  rate  or  rates  are  finally  adjudged  to  be 
unreasonable  and  unjust  in  a  court  of  competent  juris- 
diction. 

A  copy  or  copies  of  said  schedule  or  any  part  thereof 
when  duly  authenticated  shall  be  received  in  evidence 
in  all  courts  in  this  State  without  further  proof  as  prima 
facie  evidence  that  the  rates  therein  contained  are  those 
fixed  by  said  railway  commission  and  that  said  rates  are 
prima  facie  just  and  reasonable. 

Complaint — Notice — Hearing,  (a)  When  any  railway 
company,  common  carrier  or  any  person  in  his  own 
behalf,  or  in  behalf  of  any  class  of  persons  similarly 
situated,  or  any  firm,  corporation  or  association  or  ally 
mercantile,  agricultural  or  manufacturing  society,  or 
any  body  politic  or  municipal  organization,  shall  make 
complaint  to  the  railway  commission  that  any  rate  or 
rates  fixed  by  said  commission  in  said  schedule,  or  in 
any  subsequent  revised  or  modified  schedule  or  the 
rate  charge  or  published  by  any  railroad  company,  is 
unreasonably  high  or  low,  unjust  or  discriminating,  the 
board  of  railway  commissioners  shall  immediately  fix 
a  day  for  hearing  the  same,  and  shall  cause  notice 
thereof  containing  the  substance  of  the  complaint  to  be 
served  upon  the  railroad  company,  common  carrier,  or 
other  person  or  persons  hereinbefore  named,  complaining, 
and  the  railway  company  or  common  carrier  complained 
of,  and  the  day  and  date  upon  which  said  hearing  will 
be  had  upon  said  complaint;  provided  that  said  commis- 
sion may  proceed  upon  their  own  motion  to  have  a  hear- 
ing with  reference  to  revising,  modifying  or  annulling 
any  or  all  rates  in  any  schedule  or  schedules  prepared 
by  them,  by  notifying  all  persons  interested  therein  or 
affected  thereby,  as  hereinbefore  provided. 

Evidence,     (b)     Upon  the  hearing  the  railway  commis- 


sion shall  receive  any  evidence  and  listen  to  any  argu- 
ments offered  or  presented  by  either  party  relevant  to 
the  matter  under  investigation,  and  the  burden  of  proof 
shall  be  upon  the  railroad,  person  or  persons  herein- 
before set  forth,  making  the  complaint.  The  lowest 
rates  published  or  charged  by  any  railway  company 
for  substantially  the  same  kind  of  service  whether  in  this 
or  another  State,  shall,  when  introduced  in  evidence,  be 
accepted  as  prima  facie  evidence  of  a  reasonable  rate  for 
the  services  under  investigation;  and  if  the  railway  com- 
pany or  common  carrier  making  complaint,  or  the  rail- 
way company  complained  of  by  the  person  or  persons 
hereinbefore  named,  operate  a  line  of  railroad  beyond 
the  State,  or  has  a  traffic  arrangement  with  any  other 
railroad  company,  the  same  shall  be  taken  into  consid- 
eration in  determining  what  is  a  reasonable  rate;  if  it 
be  operating  a  line  of  railroad  beyond  the  State,  the 
rate  charged  or  established  for  substantially  the  same 
or  greater  service  by  it  in  another  State  may  also  be 
considered. 

Decision,  (c)  After  such  hearing  and  investigation,  the 
commission  shall  render  a  decision  in  the  premises, 
which  said  decision  shall  affirm,  revise,  annul  or  tcolify 
any  or  all  rates  complained  of  in  said  original  schedule, 
or  any  subsequent  schedule  which  may  be  the  subject 
of  investigation,  and  all  rates  between  points  in  this 
State  and  whatever  part  of  the  line  of  railway  of  such 
company  or  common  carrier  within  this  State  as  inaj 
have  been  fairly  within  the  scope  of  such  investigation; 
and  the  commission  shall  render  their  decision  in  vrit- 
ing,  and  shall  spread  the  same  at  length  upon  the  re<  ord 
to  be  kept  for  that  purpose;  and  said  decision,  when 
duly  authenticated,  shall  be  received  in  all  suits  broi  ght 
against  any  railway  company  or  common  carrier,  oi  in 
any  appeal  prosecuted  by  any  railway  company  or  comi  ion 
carrier  from  said  decision,  wherein  is  in  any  way  involved 
the  charges  of  any  such  railway  company  or  comi  ion 
carrier  mentioned  in  said  decision,  in  any  of  the  court  sin 
this  State,  as  prima  facie  evidence  that  the  rates  the  ein 
fixed  are  just  and  reasonable,  the  same  as  the  orig  ni 
schedule  made  by  said  railway  commission  as  hei  ~ 
before   provided.  ' 

Notice,  (d)  Said  railway  commission  shall  imm  jdl- 
ately  notify  all  persons  affected  thereby  of  the  substa  ice 
of  their  decision  affirming,  annulling,  revising  or  m  idi- 
fying  the  rate  or  rates  complained  of,  and  shall  spe  ifl- 
cally  set  forth  any  rate  or  rates  that  have  been  annul  ed, 
and  any  rate  or  rates  that  have  been  revised  or  modi  led 
in  schedule  form,  and  the  schedule  of  any  and  all  n  tes 
so  modified  or  revised  on  said  hearing  shall  be  in  f(  rce 
and  effect  30  days  after  said  decision  was  mailed  to  the 
railroad  company,  common  carrier,  person  or  persons  or 
corporations  affected  thereby  and  shall  continue  so  tiitil 
further  modified,  revised  or  annulled  by  said  commisi  ion 
or  finally  adjudged  to  be  unreasonable  and  unjust  as 
hereinbefore   provided. 

injunction — Mandamus,  (e)  No  railway  company 
common  carrier  applying  in  any  court  for  any  tempoi 
writ  of  injunction  or  other  mandatory  order,  with  n  fer- 
ence  to  any  or  all  of  said  rates  so  comiilained  of,  s  lall 
be  entitled  to  any  injunction  or  mandatory  order  un  ess 
it  show  to  the  court  that  there  has  been  a  hearing  be  ore 
said  commission  with  reference  to  said  rate  or  rates, 
within  the  time  fixed  by  said  commission  for  said  i  ate 
or  rates  to  go  into  force  and  effect,  and  shall  attach 
to  said  application  for  said  temporary  writ  of  injunc  ion 
or  other  mandatory  order,  and  make  the  same  a  ;>art 
thereof,  a  transcript  of  the  record  of  said  commis;;ion 
upon  said  hearing  with  reference  to  the  rate  or  r:it€8 
complained  of,  which  said  transcript  shall  contain  a  (opy 
of  the  complaint  filed  with  said  commission,  their  ceci- 
sion  and  findings  of  fact  with  reference  thereto,  and  all 
the  evidence  introduced  at  said  hearing  which  transcript 
shall  be  considered  by  the  court  in  allowing  or  disal- 
lowing said  temporary  writ  of  injunction  or  other  rian- 
datory  order. 

Emergency  rates.  §  6.  Nothing  in  the  foregoing  section 
shall  be  construed  to  prevent  said  commission  from  lav- 
ing the  power,  when  deemed  by  it  necessary  to  prevent 
interstate  rate  wars  and  injury  to  the  business  of  the 
citizens  of  the  State,  railway  companies  or  common 
carriers,  or  in  case  of  any  other  emergency  to  be  judged 
by  said  commission,  and  it  shall  be  the  duty  of  said  com- 


ein 

I 


SI     OB 

M 

01  a^ 


Public  Service  Laws 


829 


mission,  to  temporarily  alter,  amend  or  suspend  any 
existing  freight  rates,  tariffs,  schedules,  orders  and  cir- 
culars of  any  railway  company  or  common  carrier,  or 
part  thereof  in  this  State,  and  to  fix  freight  rates  where 
none  exist,  which  said  emergency  rate  or  rates  shall 
apply  to  any  one  or  more  or  all  railway  companies  or 
common  carriers  in  this  State,  and  shall  take  effect  at 
such  time  and  remain  in  force  such  length  of  time  as 
may  be  prescribed  by  said  commission;  provided,  that 
said  emergency  rates,  tariffs,  schedules,  orders  and  cir- 
culars shall  be  subject  to  review  upon  a  hearing  before 
said  commission  and  courts  of  competent  jurisdiction 
in  this  State,  as  herein  provided  for  other  schedules  of 
rates  fixed  by  said  commission. 

Appeal  from  decision  of  commissioners.  *§  7.  //  any 
railway  company,  common  carrier,  or  any  other  person  or 
persons  affected  thereliy,  shall  be  dissatisfied  icith  the  de- 
cision of  said  railway  commission,  affirming,  revising,  an- 
nulling or  modifying  any  rate  or  rates  complained  of  in 
said  original  schedule,  or  any  subsequent  schedule  which 
may  be  the  subject  of  investigation,  or  with  the  decision  of 
said  commission  with  reference  to  any  rate,  classification, 
rule,  charge,  order.  Act  or  regulation  made  or  adopted  by 
them,  upon  ivhich  there  has  been  a  hearing  before  said  com- 
mission, except  as  otherwise  expressly  provided  for  herein, 
such  dissatisfied  railicay  company,  common  carrier,  person 
or  persons  affected  may  institute  proceedings  in  the  Su- 
preme Court  of  Nebraska  to  reverse,  vacate  or  modify  the 
order  complained  of.  The  procedure  to  obtain  such  reversal, 
modification  or  vacation  of  any  such  order  or  regulation 
made  and  adopted,  upon  which  a  hearing  has  been  had 
before  said  commission,  shall  be  governed  by  the  same  pro- 
visions now  in  force  with  reference  to  appeals  and  error 
proceedings  from  the  District  Courts  to  the  Supreme  Court 
of  Nebraska.  The  evidence  presented  before  the  railway 
commission,  as  reported  by  its  official  stenographer  and 
reduced  to  writing  shall  be  duly  certified  to  by  said  stenog 
rapher  and  the  chairman  of  the  railway  commission  as  the 
true  bill  of  exceptions,  which,  together  with  the  pleadings 
and  filings  duly  certified  in  said  case  under  the  seal  of  the 
railway  commission,  shall  constitute  the  complete  record, 
and  the  evidence  upon  which  the  case  shall  be  presented  to 
the  Appellate  Court;  provided,  however,  that  the  time  for 
appeal  from  the  orders  and  rulings  of  said  railway  commis- 
sion to  the  Supreme  Court  shall  be  limited  to  three  months: 
and  provided  further  that  in  no  case  shall  the  filing  of  a 
supersedeas  bond  suspend  the  putting  in  force  or  operation 
of  any  decision,  regulation,  rate,  schedule  or  order  of  the 
commission  of  any  nature  whatsoever,  U7iless  such  super- 
sedeas bond  is  conditioned  and  in  sufficient  amount,  to  be 
approved  by  the  commission,  to  insure  the  prompt  refund- 
ing by  the  appealing  common  carrier  to  the  parties  entitled 
thereto,  of  all  charges  which  such  common  carrier  may  col- 
lect or  receive  pending  the  appeal  in  excess  of  those  fixed 
or  authorized  by  the  final  decision  in  said  cause  of  the 
Supreme  Court. 

Printing  and  posting  schedules  of  rates.  §  8.  Every 
railway  company  or  common  carrier  subject  to  the  pro- 
Vision  of  this  Act  shall  print  and  keep  for  public  in- 
Bpectlon  schedules  showing  the  rates,  fares  and  charges 
for  the  transportation  of  passengers  and  freight  which 
have  been  fixed  and  established  as  herein  provided, 
and  which  are  in  force  at  the  time  upon  its  railroad  or 
railroads.  Said  schedules  shall  plainly  state  the  places 
upon  its  road  between  which  property  and  passengers 
will  be  carried,  and  shall  contain  the  classification  of 
freight  in  force  upon  such  road,  stating  separately  any 
terminal  charges,  and  any  rules  and  regulations  which 
in  anywise  change,  affect  or  determine  any  of  the  ag- 
gregate of  such  rates,  fares  and  charges.  Said  schedules 
shall  be  plainly  printed  in  large  type,  of  at  least  the 
size  of  ordinary  pica,  and  a  copy  for  the  use  of  the 
public  shall  be  kept  in  every  freight  ofilce  and  passenger 
station  on  such  road,  where  it  can  be  conveniently  In- 
spected, and  said  railway  company,  or  common  carrier 
shall  keep  a  printed  notice  posted  in  every  such  freight 
office  and  passenger  station  indicating  where  therein 
the  same  can  be  found.  Said  schedules  shall  have 
printed  at  the  top  thereof  in  black  faced  type,  the  words 
"Schedule  A,"  "Schedule  B,"  and  so  on,  and  shall  also  have 


♦Section    7    inserted    by    Act    which    became    effective 
April  8,  1911. 


printed  thereon  immediately  following  said  words  the 
date  when  such  schedule  or  schedules  went  into  effect, 
and  when  said  commission  have  revised,  annulled  or 
modified  any  rate  or  rates  in  said  schedules  so  desig- 
nated, said  railway  company  or  common  carrier  shall 
prepare  another  schedule  showing  the  rate  or  rates,  so 
annulled,  revised  or  modified  and  the  classification  there- 
of which  shall  be  designated  by  printed  words  at  the 
top  thereof  as  "Supplemental  Schedule  A"  and  so  on, 
and  when  the  rate  or  rates  therein  set  forth  are  in  force 
and   effect. 

Joint  tariffs,  (a)  If  passengers  and  freight  pass  over 
continuous  lines  or  routes  in  this  State,  operated  by  morp 
than  one  railway  company  or  common  carrier,  and  the 
several  companies  or  carriers  operating  such  lines  or 
routes  have  established  joint  tariffs,  the  same  shall  be 
filed  with  satd  commission.  Said  joint  rates,  fares  and 
charges  on  such  continuous  lines  shall  be  made  public 
by  said  railway  companies  or  common  carriers  when 
directed  by  said  commission,  in  so  far  as  in  the  judg- 
ment of  said  commission  may  be  practicable,  and  said 
commission  shall  also  from  time  to  time  prescribe  the 
measure  of  publicity  which  shall  be  given  to  any  joint 
rates,  fares  and  charges,  or  to  such  part  thereof  as  it 
may  think  practicable  for  such  railway  companies  or 
common  carriers  to  publish,  and  the  places  in  which 
they  shall  be  published;  but  no  railway  company  or  com- 
mon carrier,  party  to  any  such  joint  tariff,  shall  be 
liable  for  the  failure  of  any  other  party  thereto  to  observe 
and  adhere  to  the  rates,  fares  or  charges  thus  made  and 
published. 

Failure  to  publish  schedules,  (b)  If  any  railway  com- 
pany or  common  carrier  shall  fail,  refuse  or  neglect  to  file 
or  publish  any  schedule  of  rates,  fares  and  charges,  or  any 
part  of  the  same,  it  shall,  in  addition  to  other  penalties 
herein  prescribed,  be  subject  to  a  writ  of  mandamus,  to 
be  issued  by  any  District  Court  of  this  State  in  the  judi- 
cial district  wherein  its  principal  office  is  situated,  or 
wherein  such  offense  may  be  committed.  If  such  railway 
company  or  common  carrier  be  a  foreign  corporation  then 
such  writ  may  be  issued  by  any  District  Court  in  the  judi- 
cial district  where  it  accepts  traffic  and  has  an  agent  to 
perform  such  service,  to  compel  compliance  with  the  pro- 
vision of  this  section;  such  writ  to  issue  in  the  name  of 
the  State,  on  the  relation  or  upon  the  petition  of  the 
State  railway  commission,  and  the  failure  to  comply  with 
its  requirement  shall  be  punishable  as  for  contempt,  and 
shall  make  said  corporation  liable  to  a  penalty  of  fl,000 
for  each  day's  failure  to  comply  therewith;  and  when  any 
such  writ  of  mandamus  shall  be  applied  for  no  bond  shall 
be  required. 

Annual  report  of  common  carriers.  §  9.  Every  common 
carrier,  incorporated  or  doing  business  in  this  State,  shall 
on  the  first  day  of  August,  1907,  and  annually  thereafter, 
transmit  to  the  office  of  the  railway  commission  a  full  and 
complete  statement  under  the  oath  of  its  proper  oflBcers,  of 
the  affairs  of  such  common  carrier,  as  the  same  existed  on 
the  first  day  of  July  next  preceding;  such  statement  shall 
show:  1.  The  amount  of  the  capital  stock  subscribed,  the 
number  of  shares  and  the  par  value  of  the  same.  2.  The 
names  of  the  owners  of  its  stock  and  the  amount  owned 
by  them,  respectively.  3.  The  amount  paid  into  the  treas- 
ury of  the  common  carrier  for  and  on  account  of  the  issu- 
ance of  the  stock,  the  dates  of  such  payments  and  by  whom 
paid.  4.  The  amount  of  outstanding  bonds  of  the  com- 
pany, the  date  and  purpose  of  their  issuance,  and  the  rate 
of  interest  thereon.  5.  The  names  and  places  of  residence 
of  the  officers  of  the  company,  with  the  amount  of  the 
annual  salary  of  each.  6.  The  amount  of  the  floating  debt 
of  the  company,  with  the  purpose  for  which  the  debt  was 
incurred.  7.  The  value  of  the  roadbed,  including  iron  and 
bridges,  the  value  of  rolling  stock,  stations,  buildings,  loco- 
motives and  all  other  property.  8.  The  length  of  single 
track  on  the  main  line  and  the  length  of  double  track  on 
the  main  line.  9.  The  length  of  branch  lines,  stating 
whether  they  are  double  or  single  track.  10.  The  aggre- 
gate length  of  side  tracks,  spurs,  switches  and  terminals 
on  or  connected  with  each  main  line  or  branch  line.  11. 
The  number  of  tons  of  through  freight  carried  during  the 
year  preceding  the  making  of  the  report  and  the  number  of 
tons  of  local  freight  carried  during  the  same  time.  12. 
The  number  of  tons  of  freight  carried  on  each  main  line 
designating  in  separate  items,  the  local  and  through  freight. 


830 


National  Association  of  Eailway  Commissioners 


13.  The  number  of  tons  of  freight  carried  on  each  branch 
line,  designating  in  separate  items  the  local  and  through 
freight.  14.  The  monthly  earnings  for  the  transportation 
of  freight  and  the  monthly  earnings  for  the  transportation 
of  passengers  on  each  main  line  and  branch  line.  15.  The 
amount  of  expenses  incurred  in  running  passenger  trains 
on  each  main  line  and  branch  line  and  the  amount  of  ex- 
pense incurred  in  running  freight  and  mixed  trains  on 
each  main  line  and  branch  line.  16.  The  expense  in- 
curred in  the  management  of  the  road,  including  tho  com- 
pensation of  general  officers,  which  shall  be  reported  item- 
ized in  detail.  17.  The  amount  expended  for  repairs,  in- 
cluding maintenance  of  roadbed,  repairs  and  renewals  of 
bridges,  ties,  iron  and  the  amount  expended  for  other  im- 
provements not  included  in  the  previous  enumeration.  18. 
The  amount  expended  for  motive  power,  cars,  station  and 
warehouses,  shops,  repairs  upon  cars  and  locomotives  and 
all  other  expenses  of  the  operating  department.  19.  If  a 
railroad,  what  express  companies  run  on  its  road  and  on 
what  terms  and  conditions  and  the  kind  of  business  done 
by  the  express  company.  20.  The  number  of  free  passes 
or  free  tickets,  and  franks  issued,  and  to  whom  and  what 
relation  the  recipient  bears  to  the  road.  21.  What  oper- 
ating or  traffic  arrangement  it  has  with  other  companies, 
attaching  a  copy  of  any  contract  or  contracts  for  such  ar- 
rangements. 22.  What  amount  of  land  was  granted  to  the 
company,  or  its  assignors,  immediate  or  remote;  by  the 
State  or  United  States;  how  much  of  said  land  has  been 
conveyed  by  deed  and  the  amount  realized  from  the  sale 
thereof  and  how  much  of  said  land  is  now  held.  23.  The 
amount  received  by  the  company;  or  its  assignors,  imme- 
diate or  remote;  from  municipalities  or  other  sources  as  a 
bonus  or  to  aid  in  the  building  of  any  railroad.  24.  The 
number  of  employes  killed  and  the  number  of  employes 
injured  by  accident,  and  the  cause  or  causes  of  such  acci- 
dents. 26.  The  number  of  other  persons  killed  or  injured 
by  accident,  and  the  causes  of  such  accident  27.  An  item- 
ized statement  of  the  amount  of  all  damage  paid  on  ac- 
count of  injuries  to  or  the  death  of  persons  by  reasons  of 
accidents,  stating  in  separate  items  the  amounts  paid  on 
account  of  injuries  or  the  death  of  employes,  passengers 
and  other  persons.  28.  Such  other  information  as  may  be 
required  by  the  commission. 

Neglect  to  report,  (a)  If  any  common  carrier  shall 
neglect  or  refuse  to  file  such  statement  with  the  commis- 
sion It  shall  forfeit  and  pay  for  each  such  offense  not  less 
than  ?500  nor  more  than  $5,000. 

Orders  of  commission — How  made.  §  10.  Any  person, 
firm,  corporation,  or  association,  or  any  mercantile,  agri- 
cultural or  manufacturing  society,  or  any  body  politic  or 
municipal  organization,  complaining  of  anything  done  or 
omitted  to  be  done  by  any  railway  company  or  common 
carrier,  subject  to  the  provisions  of  this  Act,  or  any  of  the 
laws  of  this  State,  relative  to  the  control  and  regulation 
of  railway  companies  or  common  carriers  under  which  said 
commission  has  authority  to  act,  may  apply  to  said  com- 
mission by  petition,  briefly  stating  the  fact,  except  as  to 
the  fixing,  establishing  and  regulating  of  rates  and  charges 
for  the  transportation  of  freight  otherwise  provided  for 
in  this  Act;  whereupon  a  copy  of  the  complaint  shall  be 
served  upon  such  railway  company  or  common  carrier  in 
the  same  manner  as  process  in  civil  cases  is  served,  who 
shall  be  required  to  satisfy  the  complaint,  or  file  a  written 
answer  thereto  within  a  reasonable  time  to  be  fixed  by  the 
commission.  If  said  railway  company  or  common  carrier 
shall  not  satisfy  the  complaint  within  the  time  fixed  and 
there  shall  appear  to  be  reasonable  ground  for  investiga- 
tion of  the  complaint  upon  its  merits,  said  commission  shall 
proceed  to  an  inquiry  and  hearing  into  the  matters  com- 
plained of  in  such  manner  and  by  such  means  as  it  shall 
think  proper,  and  shall  give  the  parties  thereto  written 
notice  of  the  time  and  place  for  such  hearing  and  upon 
such  hearing  said  commission  shall  make  such  order  or 
orders  with  respect  to  said  complaint  as  may  be  deemed 
just  and  reasonable.  Whenever  said  commission  has  rea- 
son to  believe  that  any  railway  company  or  common  car- 
rier is  violating  any  provisions  of  this  Act,  or  any  laws 
of  this  State  relative  to  the  control  and  regulation  of  rail- 
way companies  or  common  carriers,  it  shall  at  once  in- 
stitute an  Inquiry  and  fix  a  time  and  place  for  hearing 
thereon,  upon  their  own  motion,  and  shall  make  any  order 
or  orders  as  may  upon  said  hearing  be  deemed  just  and 
reasonable;  provided,  that  nothing  herein  shall  prevent 
any  person,  firm,  corporation  or  as.   :iation  or  any  mer- 


cantile, agricultural  or  manufacturing  society  or  body 
politic  or  municipal  organization  or 'persons  proceeding 
against  any  railway  company  or  common  carrier  under  the 
laws  of  this  State  for  such  cases  made  and  provided. 

Notice,  (a)  Said  order  or  orders,  together  with  the 
findings  of  fact  and  the  conclusions  of  said  commission 
based  thereon,  shall  be  reduced  to  writing  and  spread  upon 
the  record,  and  a  copy  thereof  with  the  date  when  said 
order  or  orders  shall  go  into  force  and  effect  shall  be  fur- 
nished to  the  party  who  complained,  and  any  other  person 
or  persons  directly  interested  therein,  and  to  any  railway 
company  or  common  carrier  complained  of  or  with  refer- 
ence to  whom  a  hearing  has  been  had  before  said  com- 
mission on  their  own  motion,  and  said  order  or  orders,  shall 
go  into  force  and  effect  at  such  time  as  is,  within  the  dis- 
cretion of  the  commission,  just  and  reasonable,  and  said 
order  or  orders,  the  findings  of  fact  and  conclusions  con- 
tained in  said  record,  shall  thereafter.  In  all  judicial  pro- 
ceedings, when  properly  authenticated  as  herein  provided, 
be  admitted  in  evidence  without  further  proof  as  prima 
facie  evidence  of  every  fact  found,  and  that  said  order  or 
orders  are  prima  facie  just  and  reasonable,  provided  always 
that  no  order  or  orders  shall  go  into  force  and  effect  within 
10  days  after  the  mailing  of  said  notice  to  the  persoas 
affected  thereby. 

When  in  force,  (b)  Said  order  or  orders  provided  for 
in  this  section  shall  be  in  force  and  effect  from  and  after 
the  said  date  fixed  by  the  commission  and  shall  so  remain 
until  annulled,  modified  or  revised  by  said  commission,  ir 
until  finally  adjudged  to  be  unreasonable  and  unjust  in  a 
court  of  competent  jurisdiction;  provided,  that  no  further 
hearing  need  be  had  before  said  commission  with  referen  le 
to  said  orders  or  orders;  provided  further  that  if  sad 
railway  company,  common  carrier,  person  or  persons  ;  t- 
fected  by  said  order  or  orders  shall  commence  any  proceel- 
ing  or  proceedings  as  hereinbefore  provided  affecting  ai  y 
decision,  rule  or  order  of  said  commission,  said  order  )r 
orders  shall  be  held  in  abeyance  until  finally  determined  n 
said  court. 

Orders  of  commission — How  enforced.  §  11.  Whenev  !r 
any  railway  company  or  common  carrier  shall  violate  ir 
refuse  or  neglect  to  obey  any  order  or  orders  of  said  coa- 
misslon  which  have  been  finally  established,  the  comm  s- 
sloner,  or  any  company  or  person  interested  in  such  ordei  s, 
may  apply  in  a  summary  way,  by  petition,  to  the  Distri  ;t 
Court  of  the  county  In  which  the  violation  or  disobedien  e 
of  such  order  or  orders  shall  happen,  alleging  such  vio  a- 
tion  or  disobedience,  as  the  case  may  be;  and  the  said  coi  rt 
shall  have  power  to  hear  and  determine  the  matter,  on  su  h 
notice  to  the  railway  company  or  common  carrier  co  n- 
plalned  or,  as  the  court  shall  deem  reasonable;  and  su  h 
notice  may  be  served  on  such  railway  company  or  comm  n 
carrier,  its  officers,  agents  or  servants,  as  the  court  sh:  II 
direct;  and  said  court  shall  proceed  to  hear  and  determi  le 
the  matter  speedily  as  a  court  of  equity,  and  without  t  le 
formal  pleadings  and  proceedings  applicable  to  ordina  y 
suits  in  equity  but  in  such  manner  as  to  do  justice  in  t  le 
premises;  and  to  this  end,  such  court  shall  have  power,  if 
It  deem  proper,  to  direct  and  prosecute,  in  such  manner 
and  by  such  persons  as  it  may  appoint,  all  such  inquiries 
as  the  court  may  think  needful  to  enable  it  to  form  a  ji  st 
judgment  in  the  matter  of  such  petition ;  and  if  it  be  ma  le 
to  appear  to  such  court  on  such  hearing,  or  on  the  repi  rt 
of  any  such  person  or  persons,  that  the  order  or  orders  of 
the  commission  drawn  in  question  has  been  violated  or  dis- 
obeyed, it  shall  be  lawful  for  such  court  to  issue  a  writ  of 
injunction,  or  other  proper  process,  mandatory  or  oth  !r- 
wise,  to  restrain  such  railway  company  or  common  carri  !r, 
and  its  owner,  directors,  officers,  agents,  employes,  lesse  ;8, 
trustees,  or  receivers  or  representatives  upon  whom  the 
duty  may  devolve  or  through  whose  agency  said  order  or 
orders  are  to  be  carried  out,  from  further  continuing  such 
violation  or  disobedience  of  said  order  or  orders,  and  < en- 
joining obedience  to  the  same,  and  in  case  of  any  disobed- 
ience of  any  such  writ  or  injunction,  or  other  proper 
process,  mandatory  or  otherwise,  said  railway  company  or 
common  carrier,  and  its  owners,  directors,  officers,  agents, 
employes,  lessees,  trustees,  or  receivers  or  representatives, 
to  whom  said  writ  of  Injunction  or  other  process,  manda- 
tory or  otherwise  was  directed,  shall  be  guilty  of  contempt 
of  court,  and  it  shall  be  lawful  for  such  court  to  issue  a 
writ  of  attachment  or  other  process  of  said  court,  incident 
or  applicable  to  writs  of  injunction  or  other  proper  process, 


Public  Service  Laws 


831 


mandatory  or  otherwse,  against  said  railway  company  or 
common  carrier,  to  pay  any  sum  of  money,  not  exceeding 
for  each  railway  company  or  common  carrier,  the  sum  of 
$1,000  for  every  day,  after  a  day  to  be  named  in  the  order, 
that  said  railway  company,  or  common  carrier  shall  fail  to 
obey  such  injunction  or  other  proper  process,  mandatory  or 
otherwise,  and  said  owners,  directors,  officers,  agents,  em- 
ployes, lessees,  trustees,  or  receivers  or  representatives, 
upon  whom  the  duty  may  devolve  or  through  whose  agency 
said  order  or  orders  are  to  be  carried  out,  upon  failure  so 
to  do  shall  be  deemed  guilty  of  misdemeanor  and  upon  con- 
viction thereof  shall  be  imprisoned  in  the  county  jail  not 
less  than  10  days  nor  more  than  30  days.  Said  monies 
shall,  when  paid,  be  disposed  of  according  to  law  and  the 
payment  thereof,  may  without  prejudice  to  any  other  mode 
of  recovering  the  same,  be  enforced  by  attachment  or 
order,  in  the  nature  of  a  writ  of  execution,  in  like  manner 
as  if  the  same  had  been  recovered  by  a  final  decree  inl 
personam  in  such  court,  saving  to  the  commission  and 
to  any  other  party  or  person  interested  therein,  the  right  to 
appeal  to  the  Supreme  Court  under  the  same  rules  now 
provided  by  law  in  relation  to  appeals  to  said  court  as  to 
security  for  such  appeal,  except  that  in  no  case  shall  secur- 
ity for  such  appeal  be  required  when  the  same  is  taken 
by  the  commission;  but  no  appeal  to  said  Supreme  Court 
shall  operate  to  stay  or  supersede  the  order  of  the  court, 
or  the  issuance  of  execution  thereon,  and  such  court  may 
in  every  such  matter  order  the  payment  of  such  costs  and 
attorney  and  counsel  fees  as  shall  be  deemed  reasonable. 

Prosecution — Cases,  (b)  Whenever  any  such  petition 
shall  be  filed  or  presented,  or  be  prosecuted  by  the  com- 
mission, or  by  their  direction,  it  shall  be  the  duty  of  the 
attorney-general  of  the  State  to  prosecute  the  same,  and 
the  costs  and  expenses,  on  the  part  of  the  commission,  of 
any  such  prosecution  shall  be  paid  out  of  the  appro- 
priations for  the  expenses  of  the  commission. 

Joint  rates — How  fixed.  §  12.  It  is  hereby  made  the 
duty  of  all  railway  companies  doing  business  in  this  State 
to  establish  reasonable  joint  through  rates  for  the  trans- 
portation of  freight  between  points  upon  their  respective 
lines  within  this  State,  and  shall  receive  and  transport 
freight  and  cars  over  such  route  or  routes  as  the  shipper 
shall  direct.  Carload  lots  shall  be  transferred  without 
unloading  from  the  cars  in  which  such  shipments  were 
first  made,  unless  such  unloading  into  other  cars  shall  be 
done  without  charge  therefor  to  the  shipper  or  receiver  of 
such  carload  lots,  and  unless  such  transfer  be  made  with- 
out unreasonable  delay;  and  less  than  carload  lots  shall 
be  transferred  into  the  connecting  carriers'  warehouse  or 
cars  at  cost,  which  shall  be  included  in  and  made  a  part  of 
the  joint  rates  adopted  by  such  railway  companies  or 
established  as  provided  in  this  chapter. 

Connecting  lines,  (a)  When  shipments  of  freight  to 
be  transported  between  different  points  within  the  State 
are  required  to  be  carried  by  two  or  more  railway  com- 
panies operating  connecting  lines,  such  railway  companies 
shall  transport  the  same  at  reasonable  through  rates,  and 
shall  at  all  times  give  the  same  facilities  and  accommoda- 
tions to  local  or  State  trafHc  as  they  give  to  interstate 
traffic  over  their  lines  of  road. 

Failure  to  make  joint  rates,  (b)  In  the  event  that  said 
railway  companies,  or  common  carriers  subject  to  the 
provisions  of  this  Act,  fail  to  establish  through  joint  rates, 
or  fail  to  establish  and  charge  reasonable  rates  for  such 
shipments,  it  shall  be  the  duty  of  the  railway  commission, 
either  upon  their  own  motion,  or  upon  the  application  of 
some  person  interested,  to  establish  such  rates  for  the 
shipment  of  freight  and  cars  over  two  or  more  connecting 
lines  of  railroad  in  this  State;  and  in  the  making  thereof, 
I  and  in  changing  or  revising  the  same,  they  shall  be  gov- 
erned, as  nearly  as  may  be,  by  the  provisions  of  this  Act 
with  reference  to  original  schedules  of  freights  and  tariffs, 
for  railway  companies  and  common  carriers  as  herein 
provided,  and  shall  take  into  consideration  the  average 
rates  charged  by  said  railway  companies  or  common  car- 
riers, for  shipments  within  this  State  for  like  distances  over 
their  respective  lines,  and  rates  charged  by  the  railway 
companies  or  common  carriers,  operating  such  connecting 
lines,  for  joint  interstate  shipments  for  like  distances. 

Rates,  when  in  effect,  (c)  The  rates  fixed  by  said  com- 
mission shall  go  into  effect  30  days  after  mailing  a  copy 


of  the  schedule  of  joint  rates  to  the  railway  companies  and 
common  carriers  affected  thereby  which  schedule  shall  be 
prima  facie  evidence  in  all  courts  in  this  State,  when  au- 
thenticated by  said  commission,  that  the  rates  therein 
contained  are  those  fixed  by  said  commission  and  that  the 
same  are  prima  facie  just  and  reasonable  for  the  joint 
transportation  of  freight  and  cars  by  the  railway  companies 
or  common  carriers,  for  which  said  schedules  have  been 
fixed. 

Penalties  for  charging  higher  rates  than  those  fixed  anrt 
established.  §  13.  If  any  railway  company  or  common  car- 
rier, subject  to  the  provisions  of  this  Act,  by  or  through 
its  officers,  agents  or  employes,  shall  charge,  collect,  de- 
mand or  receive  from  any  person  or  persons,  company, 
firm  or  corporation  a  greater  rate,  charge  or  compensation 
than  that  fixed  and  established  by  the  railway  commission 
for  the  transportation  of  freight,  passengers  or  cars,  oper- 
ated by  said  railway  company  or  common  carrier,  or  for 
receiving,  forwarding,  handling  or  storing  any  such  freight 
or  cars,  or  for  any  other  service  performed  or  to  be  per- 
formed by  said  railway  company  or  carrier,  said  railway 
company  or  common  carrier  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  a  sum 
of  not  less  than  $1,000  nor  more  than  $5,000  for  each 
offense. 

Rates  higher  than  fixed,  (a)  If  any  officer,  agent  or 
employe,  for  or  on  behalf  of  any  railway  company  or  com- 
mon carrier  subject  to  the  provisions  of  this  Act,  shall 
charge,  collect,  demand  or  receive  from  any  person  or 
persons,  company,  firm  or  corporation,  a  greater  rate, 
charge  or  compensation  than  that  fixed  and  established  by 
the  railway  commission  for  the  transportation  of  freight 
and  passengers,  or  cars,  operated  by  said  railway  company 
or  common  carrier,  said  officer,  agent  or  employe  shall  be 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof, 
be  fined  a  sum  not  less  than  $100  nor  more  than  $5,000,  or 
be  imprisoned  in  the  county  jail  of  the  county  wherein 
conviction  was  had,  not  less  than  ten  days,  nor  more  than 
six  months,  or  both,  within  the  discretion  of  the  court. 

Unjust  discrimination — Definition — Penalties.  §  14.  If 
any  railway  company  or  common  carrier  subject  to  the 
provisions  of  this  Act,  directly  or  indirectly,  through  or 
by  its  agents,  officers  or  employes,  by  any  special  rate, 
rebate,  drawback  or  other  device,  shall  charge,  demand, 
collect  or  receive  from  any  person,  firm  or  corporation 
a  greater  or  less  compensation  for  any  service  rendered, 
or  to  be  rendered  by  it  than  it  charges,  demands,  col- 
lects or  receives  from  any  other  person,  firm  or  corpora- 
tion for  doing  a  like  and  contemporaneous  service,  the 
same  shall  constitute  an  unjust  discrimination,  which  is 
hereby  forbidden  and  declared  to  be  unlawful. 

Undue  preference,  (a)  If  any  railway  company  or  com- 
mon carrier  subject  to  the  provisions  of  this  Act,  through 
or  by  its  officers,  agents  or  employes,  makes  or  gives 
any  undue  or  unreasonable  preference  or  advantage  to 
any  particular  person,  company,  firm,  corporation  or 
locality,  or  subjects  any  particular  description  of  traffic 
to  any  undue  or  unreasonable  prejudice,  delay  or  dis- 
advantage in  any  respect  whatsoever,  the  same  shall 
constitute  an  unjust  discrimination,  which  is  hereby  pro- 
hibited. 

Discrimination,  (b)  If  any  railway  company  or  com- 
mon carrier  subject  to  the  provisions  of  this  Act,  through 
or  by  its  officers,  agents  or  employes,  shall  fail,  refuse 
or  neglect,  under  such  regulati^jns  as  may  be  prescribed 
by  the  commission,  to  receive  and  transport  without  de- 
lay or  discrimination,  the  passengers,  tonnage  and  cars, 
loaded  or  empty,  of  any  connecting  line  of  railroad,  and 
every  railroad  which  shall,  under  such  regulations  as  may 
be  prescribed  by  the  commission,  fail  and  refuse  to  trans- 
port and  deliver  without  delay  or  discrimination,  any 
passengers,  tonnage  or  cars,  loaded  or  empty,  destined 
to  any  point  on  or  over  the  line  of  any  connecting  car- 
rier, the  same  shall  constitute  an  unjust  discrimination 
which  is  hereby  prohibited;  provided,  perishable  freight 
of  all  kinds  and  live  stock  shall  have  precedence  in 
shipment. 

Long  and  short  haul,  (c)  If  any  railway  company  or 
common  carrier  subject  to  the  provisions  of  this  Act, 
through  or  by  its  officers,  agents  or  employes,  shall 
charge  or  receive  any  greater  compensation  in  the  aggre- 
gate  for  transportation   of   like   kind   of  property   or   pas- 


832 


National  Association  of  Eailway  Commissioners 


Bengers  for  a  shorter  than  for  a  longer  distance  over 
the  same  line,  the  same  shall  constitute  an  unjust  dis- 
crimination, which  is  hereby  prohibited;  provided,  that 
upon  application  to  the  commission  any  railroad  may  in 
special  cases,  to  prevent  manifest  Injury,  be  authorized 
by  the  commission  to  charge  less  for  longer  than  for 
shorter  distances  for  transporting  persons  and  property, 
and  the  commission  shall  from  time  to  time  prescribe 
the  extent  to  which  such  designated  railway  company 
or  common  carrier  may  be  relieved  from  the  operation 
of  this  provision;  provided,  that  no  manifest  injustice 
shall  be  imposed  upon  any  citizen  at  intermediate  points; 
provided,  further,  that  nothing  herein  shall  be  construed 
80  as  to  prevent  the  commission  from  making  what  are 
known  as  "group  rates"  and  "emergency  rates"  as  here- 
in provided,  on  any  line  or  lines  of  railway  in  this  State. 

Violation  by  company,  (d)  Any  railway  company  or 
common  carrier  violating  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  less  than  $500  nor 
more   than    $5,000   for   each  offense. 

Violation  by  agent,  (e)  Any  officer,  agent  or  employe 
for  or  on  behalf  of  any  railway  company  or  common  car- 
rier subject  to  the  provisions  of  this  Act,  violating  any 
of  the  provisions  of  this  section,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereor,  shall  be  fined 
a  sum  not  less  than  $100  nor  more  than  $5,000  for  each 
offense,  or  be  committed  to  the  county  jail  in  the  county 
wherein  conviction  was  had,  for  not  less  than  10  days 
nor  more  than  six  months,  or  both,  in  the  discretion  of 
the  court. 

False  iilling,  etc.  (f)  Any  officer,  agent  or  employe  of 
any  railway  company  or  common  carrier  subject  to  the 
provisions  of  this  Act,  who,  by  means  of  false  billing, 
false  classification,  false  weight,  or  by  any  other  device, 
Bhall  suffer  or  permit  any  person  or  persons  to  obtain 
transportation  for  property  at  less  than  the  regular  rates 
then  in  force  on  said  line  of  said  railway  company  or 
common  carrier,  or  any  part  thereof,  or  who,  by  means 
of  false  billing,  false  classification,  false  weighing,  or 
by  any  device  whatsoever,  shall  charge  any  person,  firm 
or  corporation  for  the  transportation  of  property  other 
than  the  rates  fixed  and  established,  upon  the  line  of 
said  railway  company  or  common  carrier,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
fined  in  a  sum  not  less  than  $100  nor  more  than  $5,000, 
or  be  imprisoned  in  the  county  jail  in  the  county  wherein 
conviction  was  had,  not  less  than  10  days  nor  more 
than  30  days,  or  both,  within  the  discretion  of  the  court. 

Fairs,  expositions,  (g)  Nothing  in  this  Act  shall  pre- 
vent the  carriage,  storage  or  handling  of  freight  free 
of  charge  or  at  reduced  rates  for  the  State,  or  for  aily 
city,  county  or  town  government,  or  for  charitable  pur- 
poses, or  to  and  from  fairs  and  expositions  for  exhibition 
thereat. 

Suits  to  punish  extortion  and  unjust  discrimination. 
5 15.  When  the  railway  commission  has  reason  to  be- 
lieve that  any  railway  company  or  common  carrier,  or 
any  officer,  agent  or  employe  thereof,  subject  to  the 
■  provisions  of  this  Act,  has  been  guilty  of  any  misde- 
meanor, or  misdemeanors,  as  herein  defined,  said  com- 
mission shall  immediately  cause  actions  to  be  commenced 
and  prosecuted  against  such  railway  companies,  common 
carriers,  agents,  officers  or  employes,  as  the  case  may 
be,  which  may  be  brought  in  the  county  of  the  State 
through  or  into  which  the  line  of  the  railway  company 
or  common  carrier  sued,  may  extend,  and  in  the  case  of 
a  misdemeanor  on  the  part  of  any  officer,  agent  or  em- 
ploye as  herein  defined,  shall  be  brought  in  the  county 
where  the  misdemeanor  was  committed;  said  actions 
commenced  shall  be  prosecuted  in  the  name  of  the  State 
and  no  such  action  shall  be  dismissed  without  trial  un- 
less said  commission  and  the  attorney-general  consent 
thereto.  Such  actions  shall  have  precedence  to  all  other 
business,  except  criminal  cases,  cases  of  similar  nature, 
and  such  other  actions  as  are  herein  provided  for. 

Penalties,  how  enforced,  (a)  All  of  the  penalties  herein 
provided,  unless  otherwise  provided  for,  shall  be  recov- 
ered and  suits  thereon  shall  be  brought  in  the  name  of 
the  State  in  the  proper  court  having  jurisdiction  thereof 
In  any  county  in  this  State  to  or  through  which  said 
railway  company  or  common  carrier  may  be  operating 
a  road,  by  the  attorney-general,  or  under  his  direction. 


Evidence,  (b)  In  all  suits  arising  under  this  chapter 
the  rules  of  evidence  shall  be  the  same  as  in  ordinary 
civil   actions,  except  as  otherwise  provided  herein. 

Changing  schedules,  (c)  It  is  hereby  declared  to  be 
unlawful  for  any  railway  company  or  common  carrier 
to  change  any  rate,  schedule  or  classification  until  appli- 
cation has  been  made  to  the  railway  commission  and 
permission  had  for  that  purpose.  Any  railway  company 
or  common  carrier  violating  this  provision  shall  be 
deemed  guilty  of  a  misdemeanor  and  on  conviction  there- 
of shall  be  fined  in  any  sum  not  exceeding  $10,000. 

Repeal.  §  16.  All  Acts  or  parts  of  Acts  in  conflict  here- 
with are  hereby  repealed. 

CHAPTER  12a. 

CITIES   OF  THE   METROPOLITAN   CLASS. 

Bridges — Tolls.  §  127.  The  mayor  and  council  shall 
have  power  to  construct  any  bridge  declared  by  ordi- 
nance necessary  and  proper  for  the  passage  of  railway 
trains,  street  cars  or  motor  trains,  or  teams  and  pedes- 
trians across  any  stream  either  adjacent  to  or  wholly 
within  any  city  of  the  metropolitan  class  at  any  po  nt 
on  such  stream  or  within  two  miles  of  the  corporute 
limits  of  such  city  with  such  conditions  and  regulations 
concerning  the  use  of  such  bridge  as  may  be  deemed 
proper,  and  shall  have  power  to  license  and  regulE  te 
the  keeping  of  toll  bridges  within  or  terminating  witt  in 
the  city  for  the  passage  of  persons,  teams  and  propel  ty 
over  any  river  passing  wholly  or  in  part  within  or  ri  n- 
nlng  by  and  adjoining  the  corporate  limits  of  any  su;hi 
city ;  to  fix  and  determine  the  rates  of  toll  over  any  su  ;h 
bridge,  or  over  the  part  thereof  within  the  city,  and  to 
authorize  the  owner  or  owners  of  any  such  bridge  to 
charge  and  collect  the  rates  of  toll  so  fixed  and  det  r- 
mined,  from  all  persons  passing  over  or  using  the  san  e. 

Viaducts.  §  128.  To  require  any  railway  company  jr 
companies  owning  and  operating  any  railway  track  , 
tracks  upon  or  across  any  public  street  or  streets  of  ^ 
city,  to  erect,  construct,  reconstruct,  complete  and  keep( 
repair  any  viaduct  or  viaducts  upon  or  along  such  strj 
or  streets  and  over  or  under  such  track  or  tracks,  includti 
the  approaches  of  such  viaduct  or  viaducts  as  may  le 
deemed  and  declared  by  the  mayor  and  council  necessa 
for  the  safety  and  protection  of  the  public.  Whenei 
any  such  viaduct  shall  be  deemed  and  declared  ! 
ordinance  necessary  for  the  safety  and  protection  of  ( 
public,  the  mayor  and  council  shall  provide  for  appn 
ing,  assessing  and  determining  the  damage,  if  any  wh: 
may  be  caused  to  any  property  by  reason  of  the  o 
struction  of  such  viaduct  and  its  approaches.  T 
proceedings  for  such  purpose  shall  *be  uie  same  as  p 
vided  herein  for  the  purpose  of  determining  damaj 
to  property  owners  by  reason  of  the  grading  of  a  stre 
and  such  damage  shall  be  paid  by  the  city,  and  may 
assessed  by  the  city  council  against  property  benefit 
The  width,  height  and  strength  of  any  such  viadue 
and  approaches  thereto,  the  material  therefor,  and  tli- 
manner  of  construction  thereof,  shall  be  as  requlrd 
by  the  city  engineer,  and  approved  by  the  mayor  aid 
council.  When  two  or  more  railroad  companies  own  )r 
operate  separate  lines  of  track  to  be  crossed  by  any 
such  viaduct,  the  proportion  thereof,  and  the  approach  'S 
thereto,  to  be  constructed  by  each,  or  the  cost  to  le 
borne  by  each,  shall  be  determined  by  the  mayor  and 
council.  It  shall  be  the  duty  of  any  railroad  compaj  " 
or  companies  upon  being  required  as  herein  provla 
to  erect,  construct,  reconstruct  or  repair  any  viadlH 
to  proceed  within  the  time  and  in  the  manner  requirM 
by  the  mayor  and  council  to  erect,  construct,  reconstruct 
or  repair  the  same,  and  it  shall  be  a  misdemeanor  tn 
any  railroad  company  or  companies  to  fail,  neglect  jr 
refuse  to  perform  such  duty,  and  upon  conviction  of 
any  such  company  or  companies  shall  be  fined  $1(0, 
anil  each  day  such  company  or  companies  shall  fail, 
neglect  or  refuse  to  perform  such  duty  shall  be  deeniid 
and  held  to  be  a  separate  and  distinct  offense,  and  In 
addition  to  the  penalty  herein  provided  any  such  coai- 
pany  or  companies  shall  be  compelled  by  mandamus  or 
other  appropriate  proceedings  to  erect,  construct,  recon- 
struct or  repair  any  viaduct  as  may  be  required  by 
ordinance  as  herein  provided.  The  mayor  and  council 
shall  also  have  power  whenever  any  railroad  company  or 


jr 

I 


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Public  Sekvice  Laws 


833 


companies  shall  fail,  neglect  or  refuse  to  erect,  construct, 
reconstruct  or  repair  any  viaduct  or  viaducts  after  liav- 
ing  been  required  so  to  do  as  herein  provided,  to  pro- 
ceed with  the  erection,  construction,  reconstruction  or 
repair  of  such  viaduct  or  viaducts  by  contract  or  in  such 
other  manner  as  may  be  provided  by  ordinance,  and  assess 
the  cost  of  the  erection,  construction,  reconstruction,  or 
repair  of  such  viaduct  or  viaducts  against  the  property 
of  the  railroad  company  or  companies  required  to  erect, 
construct,  reconstruct  or  repair  the  same,  and  such 
costs  shall  be  valid  and  substituting  lien  against  such 
property  and  shall  also  be  a  legal  indebtedness  of  said 
company  or  companies  in  favor  of  such  city,  and  may 
be  enforced  and  collected  by  suit  in  the  proper  court. 

Poicers  hy  ordinance.  §  144.  In  addition  to  the  powers 
herein  granted,  cities  governed  by  this  Act  shall  have 
power  by  ordinance: 

Depots — JfaiUcays.  34.  To  regulate  levees,  depots  and 
depot  grounds,  and  places  for  storing  freights  and  goods, 
and  to  provide  for  and  regulate  the  laying  of  tracks  and 
the  passage  of  steam,  cable,  horse  or  other  railways 
through  the  streets,  alleys  and  public  grounds  of  the 
city. 

Same — Crossings — Cars.  35.  To  regulate  the  crossing 
of  railwpy  tracks,  to  regulate  the  running  of  railway 
engines,  cars  and  trucks  within  the  limits  of  the  city, 
and  to  make  other  and  further  rules  and  restrictions  to 
prevent  accidents  at  crossings  and  on  tracks  of  railroads, 
and  to  prevent  fires  from  engines;  also  to  regulate  and 
prescribe  the  time  and  manner  of  running  street  cats 
within  the  city,  and  require  the  heating  and  cleaning  of 
such  cars,  and  to  fix  and  determine  the  fare  to  be 
charged. 

Same — Lighting.  36.  To  require  the  lighting  of  any 
railway  within  the  city,  the  cars  of  which  are  propelled 
by  steam,  in  such  a  manner  as  they  shall  prescribe,  and 
may  fix  and  determine  the  number,  size  and  style  of 
lamp  posts,  burners,  lamps,  and  all  other  fixtures  and 
apparatus  necessary  for  such  lighting,  and  the  points 
of  location  for  such  lamp  posts,  and  in  case  any  com- 
pany owning  or  operating  such  railways  shall  fail  to 
comply  with  such  requirements,  the  council  may  cause 
the  same  to  be  done  and  may  asi-:ess  the  expense  thereof 
against  such  company,  and  the  same  shall  constitute  a 
lien  against  any  real  estate  belonging  to  such  company 
and  lying  within  such  city,  and  may  be  collected  in  the 
same  manner  as  taxes  for  general  purposes. 

CHAPTER  13. 

CITIES   OP   THE   FIRST    CLASS. 

ARTICLE  I. 

CITIES  liETWEEN   40,000  AXD  100,000  1MIAHIT.\NTS. 

Ordinances — Powers.  §  129.  In  addition  to  the  powers 
herein  granted,  cities  governed  under  the  provisions  of 
this  Act  shall  have  power  by  ordinance: 

Streets,  grades,  repairs,  viaducts.  3.  To  provide  for 
grading  or  repairing  of  any  street  or  public  way,  con- 
istruction,  renewal  or  repair  of  bridges,  culverts  and 
isewers,  and  to  defray  cost  thereof  from  the  proper  city 
fund;  but  no  street  shall  be  graded  except  when  ordered 
by  affirmative  vote  of  two-thirds  of  the  council.  The 
■mayor  and  council  shall  have  power  when  authorized 
'by  a  vote  of  the  people  at  any  regular  election  a 
majority  of  the  electors  voting  therefor  to  require  any 
Icompany  owning  or  operating  any  railroad  track  on  or 
across  any  public  way  to  erect,  construct,  reconstruct, 
complete  and  keep  in  repair  any  viaduct  on  or  along 
such  street,  under  or  over  such  track,  including  viaduct 
approaches,  as  may  be  declared  by  the  mayor  and 
council  necessary  tor  public  protection  and  safety. 
Whenever  any  viaduct  be  by  ordinance  declared  neces- 
sary for  public  safety  and  protection  the  mayor  and 
-ouncil  shall  provide  for  appraising,  assessing  and  deter- 
mining the  damage  that  may  be  caused  to  any  property 
by  construction  thereof  and  its  approaches.  The  pro- 
oeedings  shall  be  like  those  for  damages  to  property 
Owners  by  grading  a  street,  and  damages  maj  be  paid 
iy  the  city  and  assessed  against  property  benefited, 
rhe  width,  height  and  strength  of  such  viaduct  and 
.ipproaches,  material  and  manner  of  construction  shall 
be  as  required  by  the  city  engineer  and  approved  by  the 


mayor  and  council.  When  two  or  more  railroad  com- 
panies own  or  operate  lines  of  track  to  be  crossed 
by  such  viaduct,  the  proportion  thereof  and  of  approaches 
thereto  to  be  constructed  by  each  shall  be  determined 
by  the  mayor  and  council.  It  shall  be  the  duty  of  any 
railroad  company  or  companies,  on  being  required  as 
herein  provided  to  erect,  construct,  reconstruct  or  repair 
any  viaduct  to  proceed  with  the  work  within  the  time 
and  in  the  manner  required  by  the  mayor  and  council, 
and  it  shall  be  a  misdemeanor  for  any  railroad  com- 
pany to  fail,  neglect  or  refuse  to  perform  such  duty, 
and  on  conviction  any  such  company  shall  be  fined 
$100,  and  each  day  such  company  fail,  refuse  or  neg- 
lect to  perform  such  duties  shall  be  a  distinct  offense. 
In  addition  to  such  penalty  any  such  company  or  compa- 
nies shall  be  compelled  by  mandamus  or  other  appro 
priate  remedy  to  do  such  work  as  may  be  required  by 
ordinance.  The  mayor  and  council  shall  have  power 
whenever  any  railroad  company  fail,  neglect  or  refuse 
to  erect,  construct,  reconstruct  or  repair  any  viaduct 
or  viaducts  after  being  required  so  to  do  as  herein 
provided,  to  proceed  with  such  work  by  contract  or  in 
such  manner  as  may  be  provided  by  ordinance,  and 
assess  the  cost  thereof  against  the  property  of  the  rail- 
road company  or  companies  required  to  do  the  same, 
and  such  cost  shall  be  a  valid  lien  against  such  prop- 
erty, and  be  also  a  legal  indebtedness  of  said  company 
■  or  companies  in  favor  of  said  city  and  be  enforced  and 
collected  by  suit  in  proper  court. 

Depots — Railroads  in  streets.  10.  To  regulate  levees, 
depots,  depot  grounds  and  places  for  storing  freight 
and  goods,  and  provide  for  and  regulate  the  passing  of 
railways  through  the  streets  and  public  grounds  of  the 
city,  reserving  the  rights  of  all  persons  injured  thereby. 

Raihvays — Regulate.  61.  To  regulate  railroad  crossings, 
provide  precautions  and  prescribe  rules  for  running 
engines  or  cars,  and  speed,  for  prevention  of  accidents 
at  crossings  or  on  tracks,  or  by  fires  from  engines; 
to  regulate  running  street  cars,  require  heating  and 
cleaning  thereof  and  fix  fare  charged;  to  require  rea- 
sonable lighting  of  any  railway  the  cars  of  which 
are  propelled  by  steam  in  such  manner  as  the  council 
may  prescribe  and  determine,  number,  style  and  location 
and  apparatus  necessary  therefor,  and  if  the  owner  or 
operator  fail  to  comply  they  may  cause  the  same  to  b6 
done  and  assess  expense  thereof  against  such  railway 
company  to  be  collected  as  other  taxes  and  to  be  a  lien 
on  its  property,  or  they  may  enforce  compliance  by  ac- 
tion of  mandamus;  to  require  railways  to  keep  flagmen 
at  all  railway  street  crossings  where  necessary  to  public 
safety  against  injury  to  person  or  property;  to  compel 
railways  to  conform  tracks  to  grades  at  any  time  estab- 
lished, and  if  lengthwise  in  a  public  way  to  keep  them 
level  with  street  surface;  to  compel  railways  to  keep 
streets  open,  construct  and  keep  in  repair  ditches,  drains, 
sewers  and  culverts  along  or  under  their  right  of  way  or 
tracks,  and  lay  and  maintain  paving  of  their  whole 
right  of  way  on  paved  streets. 

ARTICLE  II. 

CITIES    BETWEEN    25,000   AND   40,000   INHABITANTS. 

Poicers  hy  ordinance.  §  128.  In  addition  to  the  powers 
herein  granted,  cities  governed  under  the  provisions  of 
this  Act  shall  have  power  by  ordinance:  ' 

Depots — Railroads  on  streets.  67.  To  regulate  levees, 
depots,  depot  grounds,  and  places  for  storing  freights 
and  goods,  and  to  provide  for  and  regulate  the  laying 
of  tracks  and  the  passage  of  steam,  cable,  horse  and 
other  railways  through  the  streets,  alleys  and  public 
grounds  of  the  city. 

Railroad  crossings — Fire  from  engines.  68.  To  regu- 
late the  crossing  of  railways,  tracks,  the  running  of 
railway  engines,  cars  and  trucks  within  the  limits  of  the 
city,  and  to  make  other  and  further  rules  and  restric- 
tions to  prevent  accidents  at  crossings  and  on  tracks 
of   railroad,    and    to   prevent   fires    from   engines. 

Lighting  railxcay  track.  69.  To  require  the  lighting  of 
any  railway  track  within  the  city,  the  cars  of  which  are 
propelled  by  steam,  in  such  manner  as  they  shall  pre- 
scribe, and  in  case  the  company  owning  or  operating 
such  railway  shall  fail  to  comply  with  such  requirements, 
the   council   may   cause   the   same   to   be   done  and   may 


834 


National  Association  of  Railway  Commissioners 


assess  the  expense  thereof  against  such  company  and  the 
same  shall  constitute  a  lien  upon  any  real  estate  belong- 
ing to  such  company  and  lying  within  such  city  and 
may  be  collected  in"  the  same  manner  as  taxes  for  gen- 
eral purposes. 

Public  buildings — Viaducts.    84.    The  mayor  and  council 
may   purchase   the   necessary   grounds   and  erect  thereon 
a   city   hall   and   other   buildings   that   may   be   necessary 
for  the  use  of  the  city.     For  the  purpose  of  paying  ihe 
cost    thereof,    the    mayor    and    council    are    authorized    to 
issue  bonds  in  any  sum  not  exceeding  |100,000;  provided, 
however,    that    no    bonds    therefor    shall   be    issued    until 
such    issue    is    authorized    by    a    majority    vote    of    the 
electors   of   said   city,   voting  on   the   proposition,   at   an 
election    called    and    held    for    that    purpose    whereat    a 
proposition  for  authority  to  issue  the  same  shall  be  sub- 
mitted.     Notice    of    such    election,    stating   the   date    on 
which  the  same  shall  be  held  and  the  maximum  amount 
for   which    bonds   shall   issue,    shall   be   published    in   the 
official    paper    of    the    city    10    times    at    least,    10    days 
before  the  date  of  the  election.     Nor  shall  an  election  for 
the   purpose   aforesaid   be   called   until   a   petition,   signed 
by   at   least   100   resident   taxpayers   of   said   city,   as   de- 
termined  by   the   city   records  and   tax   rolls  of  the  year 
immediately   preceding  shall   be  presented   to   the   mayor 
and   council   asking  that   an   election   shall   be   called   for 
the   purpose    herein   specified.     When   any   bonds   of   said 
city  shall  be  issued  for  purpose  herein  specified,  the  mayor 
and  council  shall  levy  annually  upon  all  the  taxable  prop- 
^  erty  of  said  city,  such  taxes  as  may  be  necessary  to  pro- 
vide a  sinking  fund  to  pay  said  bonds  at  maturity  and  to 
pay  the  interest  as  the  same  accrues  thereon.  The  mayor 
and    council    shall    have    power    to    require    any    railroad 
company  owning  or  operating  any  railroad  track  or  tracks 
upon   or  across   any   public  street  or  streets  of  the   city, 
to    erect,    construct,    reconstruct,    complete    and    keep    in 
repair    any    viaduct    or    viaducts    upon    or    along    such 
street  or  streets  and  over  or  under  such  track  or  tracks 
including  the   approaches   to   the   viaduct   or  viaducts   as 
may  be  deemed  and  declared,  by  the  mayor  and  council, 
necessary    for    the    safety   and    protection    of    the    public. 
The  approaches  to  any  such  viaduct  which  any  railroad 
company    or    companies    may    be    required    to    construct 
or    rpconstruct    and    keep    in    repair,    shall    not    exceed, 
for   such   viaduct,   a  total   distance  of   1,200  feet.     Whet 
any  such   viaduct  shall   be  deemed   or  declared,   by  ordi- 
nance   necessary    for    the    safety    and    protection    of    the 
public,  the  mayor  and  council  shall  provide  for,  appraise, 
assess    and    determine    damages,    if    any,    which    may    be 
caused    to    any    property    by    reason    of    the    construction 
of    any    viaduct    and    its    approaches.      The    proceedings 
for   such   purpose   shall   be   the   same   as   provided   herein 
for  the  purpose  of  determining  the  damages  to  property 
owners   by  reason  of  the  change  of  grade  of  the  streets 
and  such  damages  shall  be  paid  by  the  city,  and  may  be 
assessed  by  the  council  against  property  specially  bene- 
fited by  reason  of  the  construction  of  any  such  viaduct 
and    the    approaches    thereto,    the    width,    height    and 
strength  of  any  such  viaduct  and  the  approaches  thereto, 
the  material  therefor  and  the  manner  of  the  construction 
thereof,    shall    be    as    required    by    the    mayor    and    city 
council.     When   two  or  more  railroad  companies  own  or 
operate  separate  lines  of  tracks  to  be  crossed  by  such 
viaduct,   the    proportion   thereof   and   of   the   approaches 
thereto,   to    be    constructed    by    each,    or    the    cost   to    be 
borne   by   each   shall   be   determined   by  the   mayor  and 
council.       After     the     completion     of    any     such     viaduct 
any   revenue   derived   therefrom   by  the   crossing  thereon 
of  any  street  railway  line,  or  otherwise,  shall  constitute 
a    special    fund    and    shall    apply    in    making   repairs    to 
such   viaduct.    All    ordinary   repairs   to   any   such   viaduct 
or  to  the  approaches  thereto,  shall  be  paid  out  of  such 
funds.  If  there  be  any. 

ARTICLE  III. 

CITIES    OVEB   5,000   AND   LESS   THAN   25,000   INHABITANTS. 

Ordinance  (general),  powers.  §  48.  In  addition  to  the 
powers  herein  granted  cities  governed  under  the  provi- 
sions of  this  Act  shall  have  power  by  ordinance: 

Same,  depots,  street  railroads.  15.  To  regulate  levees, 
depots,  depot  grounds,  and  places  for  storing  freight  and 
goods,   and  to   provide  for  and  regulate   the   passage  of 


railways  through  the  streets  and  public  grounds  of  the 
city,  reserving  the  rights  of  all  persons  injured  thereby. 
Railways,  regulate.  16.  To  regulate  the  crossing  ot 
railway  tracks  and  to  provide  precautions  and  pre- 
scribe rules  regulating  the  same,  and  to  regulate  the 
running  of  railway  engines,  cars  and  trucks  within  the 
limits  of  said  city,  and  prescribe  rules  relating  thereto, 
and  govern  the  speed  thereof;  and  make  other  and  fur- 
ther provisions,  rules,  and  restorations  to  prevent  acci- 
dents at  the  crossings  and  on  the  tracks  of  railways, 
and  to  prevent  fires  from  engines,  and  regulate  and 
prescribe  the  manner  of  running  street  cars,  to  require 
the  heating  and  cleaning  of  same,  and  to  fix  and  deter- 
mine the  fare  charged.  To  require  the  lighting  of  any 
railways  within  the  city,  the  cars  of  which  are  propelled 
by  steam,  in  such  manner  as  they  shall  prescribe,  and  fix 
and  determine  the  number,  style  and  size  of  the  lamp 
posts,  burners,  lamps  and  all  other  fixtures  and  apparatus 
necessary  for  such  lighting,  and  the  points  of  location 
for  such  lamp  posts,  and  in  case  the  company  owning  or 
operating  such  railways  shall  fail  to  comply  -with 
such  requirements  the  council  may  cause  the  same  to  be 
done;  but  giving  notice  of  same,  and  may  assess  the 
expense  thereof  against  such  company,  and  the  same 
shall  constitute  a  lien  on  any  real  estate  belonging  to 
such  company,  and  lying  within  said  city,  and  may  be 
collected  in  the  manqer  as  taxes  for  general  purposes; 
to  require  railroad  companies  to  keep  fiagmen  at  all 
railroad  crossings  of  streets,  and  provide  protection 
against  injury  to  persons  and  property  in  the  use  of  s  ich 
railroads;  to  compel  any  railroad  to  raise  or  lo'ver 
their  railroad  tracks  to  conform  to  the  general  gr  ide 
which  may  at  any  time  be  established  by  such  city, 
and  where  such  tracks  run  lengthwise  through  or  o/er 
any  street,  alley  or  highway  to  keep  the  same  1(  vel 
with  the  street  surface;  to  compel  and  require  railroad 
companies  to  keep  open  the  streets,  and  to  construct 
and  keep  in  repair  ditches,  drains,sewers,  culverts,  al>ng 
and  under  their  railroad  tracks  and  to  pave  their  wJole 
right  ot  way  on  all  paved  streets,  and  to  keep  the  sema 
In  repair. 

CHAPTER  14. 

CITIES  OF  THE  SECOND  CLASS  AND  VILLAGES 

ARTICLE  I. 

LESS  THAN  5,000  INHABITANTS. 

Ordinances.  §  39.  Cities  of  the  second  class,  in  tl  elr 
corporate  capacities,  are  authorized  and  empowered  to 
enact  ordinances  for  the  foHowing  purposes  in  addlt  on 
to  the  other  powers  granted  by  this  Act:  « 

Railroads.    24.    To  provide  for  and  change  the  local  ^| 
grade   and  crossing  of  any  railroad.  '  ^| 

Same.    25.    To  require  railroad  companies  to  keep  f  ag- : 
men  at  railroad  crossings  of  streets,  and  provide  pro  ec- 
tion   against   injury   to   persons   and   property   in   the    ise 
of    such    railroads.      To    compel    any    railroad    to    n  ise 
or   lower   their   railroad   tracks  to   conform   to   any   gr  ide 
which    may    at    any    time    be    established    by    such    <  ity 
or  village,  and  where  such  tracks  run  lengthwise  of  uny  i 
street,    alley   or    highway,    to   keep    their   railroad    tracks  ' 
on    a    level    with    the    street    surface    and    so    that    s  ich 
track    may    he    crossed    at   any    place    on    such    alley   or 
highway.      To    compel    and    require    railroad    compai  lea 
to   make   and  keep  open  streets,  and  to  keep  in  repair 
ditches,    drains,    sewers    and    culverts    along    and    urder  i 
their  railroad  tracks,  so  that  filthy  or  stagnant  pooh   of 
water   cannot   stand   on   their  grounds  or  right  of  nay, 
and  so  that  the  drainage  of- adjacent  property  or  stnets  ( 
shall  not  b«  impeded. 


Additional  powers.  §  69.  In  addition  to  the  pot/ers 
hereinbefore  granted  cities  and  villages  under  the  pro- 
visions of  this  chapter,  each  city  and  village  may  enact 
ordinances  or  by-laws  for  the  following  purposes: 

Depot  grounds.  20.  To  regulate  levees,  depots,  dopot 
grounds  and  places  for  storing  freights  and  goods,  and 
to  provide  for  any  regulate  the  passage  of  railways 
through  streets  and  public  grounds  of  the  city  or  vil- 
lage. 

Railway   crossings.     21.     To   regulate   the  crossing  of 


Public  Service  Laws 


835 


railway  tracks  and  to  provide  precautions  and  to  pre- 
scribe rules  and  regulating  the  same,  and  to  regulate 
the  running  of  railway  engines,  cars,  or  trucks  within 
the  limits  of  said  city  or  village,  and  to  prescribe 
rules  relating  thereto,  and  to  govern  the  speed  thereof, 
and  to  make  any  other  and  further  provisions,  rules, 
and  restrictions  to  prevent  accidents  at  crossings  and  on 
the  tracks  of  railways,  and  to  prevent  fires  from  engines. 

CHAPTER  16. 

CORPORATIONS— RAILROAD   COMPANIES. 

How  incorporated.  §  72.  Any  number  of  natural  per- 
sons, not  less  than  five,  may  become  a  body  corporate, 
with  all  the  rights,  privileges  and  powers  conferred  by, 
and  subject  to  all  restrictions  of  this  subdivision. 

Proceedings.  §  73.  Any  number  of  persons  as  afore- 
said, associating  to  form  a  company  for  the  purpose  of 
constructing  a  railroad,  shall,  under  their  hands,  make  a 
certificate,  which  shall  specify  as  follows:  First.  The 
name  assumed  by  such  company  and  by  which  it  shall 
be  known.  Second.  The  names  of  the  places  of  the 
termini  of  said  road,  and  the  county  or  counties  through 
v/hich  said  road  shall  pass.  Third.  The  amount  of  cap- 
ital stock  necessary  to  construct  such  road.  Such  cer- 
tificate shall  be  acknowledged  before  a  notary  public, 
and  certified  by  the  clerk  of  the  District  Court  in  the 
same  manner  as  is  provided  for  the  conveyance  of  real 
estate,  and  shall  be  forwarded  to  the  secretary  of  the 
State,  who  shall  record  and  carefully  preserve  the  same 
in  hia  office;  and  a  copy  thereof  duly  certified  by  said 
secretary,  under  the  seal  of  the  State,  shall  be  prima 
facie    evidence  of   the   existence   of   such   corporation. 

When  corporation  deemed  organized.  §  74.  When  the 
toregoing  provisions  have  been  complied  with,  the 
persons  named  as  corporators  in  said  certificate  are  here- 
by authorized  to  carry  into  effect  the  objects  named  in 
such  certificate  in  accordance  with  the  provisions  of  this 
subdivision,  and  they  and  their  associates,  successors, 
and  assigns,  by  the  name  and  style  provided  in  said 
certificate,  shall  thereafter  be  deemed  a  body  corporate, 
with  succession,  with  power  to  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended,  contract 
and  be  contracted  with,  acquire  and  convey  at  pleasure 
all  such  real  and  personal  estate  as  may  be  necessary 
and  convenient  to  carry  into  effect  the  objects  of  the 
corforation ;  to  make  and  use  a  common  seal,  and  the 
same  to  alter  at  pleasure,  and  to  do  all  needful  acts 
to  carry  into  effect  the  objects  for  which  it  was  created. 
And  such  company  shall  possess  all  the  powers  and 
be  subject  to  all  the  rules  and  restrictions  provided  by 
this   subdivision. 

Powers  of  construction.  §  75.  Such  corporation  shall  be 
authorized  and  empowered  to  lay  out,  locate,  construct, 
furnish,  maintain,  operate,  and  enjoy  a  railroad  with 
single  or  double  tracks,  with  such  sidetracks,  turnouts, 
offices,  and  depots  as  shall  be  necessary,  between  the 
places  of  the  termini  of  the  said  road,  commencing  at  or 
within,  and  extending  to  or  into  any  town,  city  or  village 
named  as  the  termini  of  said  road,  and  construct 
branches  from  the  main  line  to  other  towns  or  places 
within  the  limits  of  this  State;  provided,  further,  that 
any  railroad  company  heretofore  organized  or  hereafter 
to  be  organized  for  the  construction  and  operation  of  a 
railroad,  whether  by  steam  or  other  motive  power, 
shall  have  the  right  and  power  to  transmit  over  its 
right  of  way  currents  of  electricity  for  the  purpose 
of  operating  telegraph  and  telephone  lines  and  for  the 
purpose  of  supplying  power  for  the  use  of  said  railroad 
and  the  use  of  others.' 

Capital  stock.  §  76.  The  capital  stock  of  such  com- 
pany shall  be  divided  into  shares  of  $100  each,  and 
consist  of  such  sum  as  may  be  named  in  the  certificate; 
such  shares  shall  be  regarded  as  personal  property,  and 
shall  be  subject  to  sale  or  transfer,  and  to  execution  at 
law. 

Installments.  §  77.  An  installment  of  10  per  cent  on 
each  share  of  stock  shall  be  payable  at  the  time  of  mak- 
ing the  subscription,  and  the  residue  thereof  shall  be 
paid  in  such  installments  and  at  such  times  and  places 
as  may  be  required  by  the  directors  of  such  company. 

Collection  of  unpaid  installments.     §  78.     If  any  install- 
'      ment    of    stock    shall    remain    unpaid    for    60    days    after 


the  time  it  may  be  required  or  specified  in  tlie  call  by 
order  of  the  board  of  directors,  whether  said  stock  is 
held  by  an  assignee,  transferee,  or  original  subscriber, 
the  same  may  be  collected  by  action  of  debt,  or  the 
directors  may,  at  their  election,  serve  upon  such  stock- 
holder, in  case  he  shall  be  a  resident  of  the  State, 
30  days'  notice  in  writing,  that  such  installment  has  been 
due  and  unpaid  for  the  term  aforesaid,  or  in  case  such 
stockholder  shall  be  a  non-resident  of  this  State,  publish 
In  some  newspaper  printed  at  the  capital  of  this  State, 
and  of  general  circulation  in  this  State,  a  like  notice 
that  such  installment  has  been  due  and  unpaid  for  the 
term  aforesaid;  and  if  said  installment  shall  not  be 
paid,  with  all  charges  and  expenses  incurred  in  the  pro- 
ceedings hereby  prescribed,  within  90  days  after  the 
service  of  notice  or  the  last  publication  provided  for  as 
aforesaid,  the  said  stock  and  all  right,  title  and  interest 
of  the  said  assignee,  transferee  or  original  subscriber 
therein  shall,  by  virtue  of  such  failure,  and  without 
further  action  by  such  company,  become  forfeited,  and 
may  be  disposed  of  by  said  company  as  it  sees  proper. 

Increase  of  capital  stock.  §  79.  Whenever  any  railroad 
company  heretofore  incorporated  or  created,  or  incor- 
porated under  the  provisions  of  this  subdivision,  shall, 
in  the  opinion  of  the  directors  thereof,  require  an  In- 
creased amount  of  capital  stock,  they  shall,  when  author- 
ized by  the  holders  of  a  majority  of  capital  stock,  file 
with  the  secretary  of  State  a  certificate  setting  forth 
the  amount  of  such  desired  increase,  and  shall  give 
public  notice  of  such  increase  of  the  capital  stock  of 
such  company  by  publishing  the  same  for  60  days  in  a 
newspaper  published  in  the  county  in  which  it  main- 
tains its  public  and  principal  office,  and  thereafter  such 
company  shall  be  entitled  to  have  such  Increased  cap- 
ital  as   is   fixed    by   said    certificate. 

Opening  subscription  hooks — Election  of  directors.  §  80. 
The  persons  named  in  said  certificate  of  incorporation, 
or  any  three  of  them,  shall  be  authorized  to  order  books 
to  be  opened  for  receiving  subscriptions  to  the  capital 
stock  of  said  company,  at  such  time  or  times  and  at 
such  place  or  places  as  they  may  deem  expedient,  cifter 
having  given  at  least  30  days'  notice  in  a. newspaper 
published  or  generally  circulated  in  one  or  more  counties 
where  books  of  subscription  are  to  be  opened,  of  the 
time  and  place  of  opening  books;  and  so  soon  as  10 
per  centum  on  the  capital  stock  shall  be  subscribed, 
they  may  give  like  notice  for  the  stockholders  to  meet 
at  such  time  and  place  as  they  may  designate,  for  the 
purpose  of  choosing  seven  directors,  who  shall  continue 
in  office  until  the  time  fixed  for  the  annual  election, 
and  until  their  successors  are  chosen  and  qualified. 
At  the  time  and  place  appointed,  directors  shall  be 
chosen  by  ballot,  by  such  of  the  stockholders  as  shall 
attend  for  the  purpose,  either  in  person  or  by  lawful 
proxies.  Each  share  shall  entitle  the  owner  to  one 
vote,  and  a  plurality  of  votes  cast  at  such  election 
shall  be  necessary  for  a  choice;  but  after  the  first 
election  for  directors,  no  person  shall  vote  on  any  share 
on  which  any  installment  is  due  and  unpaid.  The  per- 
sons named  in  such  certificate,  or  such  of  them  as  may 
be  present,  shall  be  inspectors  of  such  election  and  shall 
certify  what  persons  are  elected  directors,  and  appoint 
the  time  and  place  for  holding  their  first  meeting.  A 
majority  of  said  directors  shall  form  a  board,  and  be 
competent  to  fill  vacancies  therein,  make  by-laws  not 
Inconsistent  with  the  provisions  of  this  subdivision 
or  the  laws  of  this  State,  and  alter  the  same  at  pleasure, 
and  transact  all  business  of  the  corporation.  A  new 
election  shall  be  annually  held  for  directors,  at  such 
time  and  place  as  the  stockholders  at  their  first  meeting 
shall  determine,  or  as  the  by-laws  of  the  corporation 
may  require;  and  the  directors  chosen  at  *'ny  election 
shall,  so  soon  thereafter  as  may  be  convenient,  choose 
one  of  their  number  to  be  president,  and  shall  appoint 
a  secretary  and  treasurer  of  the  corporation.  The  di- 
rectors shall  from  time  to  time  make  such  dividends 
of  the  profits  of  the  said  company  as  they  may  think 
proper,  and  the  said  by-laws  and  all  alterations  and  re- 
visions thereof  shall  be  recorded  and  preserved  in  the 
oflice  of  the  secretary  of  the  State,  in  the  same  manner 
as  the  certificate  provided  for  in  §  73  of  this  chapter. 

Exercise  of  the  right  of  eminent  domain.  §  81.  Such 
corporation    is    authorized    to   enter    upon    any    land    for 


836 


National  Association  of  Railway  Commissioners 


the  purpose  of  examining  and  surveying  its  railroad 
line,  and  may  talce,  iiold  and  appropriate  so  mucli  real 
estate  as  may  be  necessary  for  tlie  location,  construc- 
tion and  convenient  use  of  its  road,  including  all  neces- 
sary grounds  for  buildings,  workshops,  depots,  machine 
shops,  switches,  sidetracks,  turntables  and  water  stations ; 
all  materials  for  the  construction  and  repair  of  said  road 
and  its  appurtenances;  and  a  right  of  way  over  adja- 
cent lands,  sufficient  to  enable  such  company  to  con- 
struct and  repair  its  road,  and  a  right  to  conduct  water 
by  aqueducts,  and  the  right  of  making  proper  drains; 
provided,  that  the  lands  so  held,  taken  and  appropriated, 
otherwise  than  by  the  consent  of  the  owner,  shall  not 
exceed  200  feet  in  width  except  for  wood  and  water 
stations,  and  depot  grounds,  unless  where  greater  width 
is  necessary  for  excavations,  embankments,  or  deposit- 
ing waste  earth;  and  provided,  further,  that  no  appro- 
priation of  private  property,  for  the  use  of  any  corpora- 
tion provided  for  in  this  subdivision,  shall  be  made 
until  full  compensation  therefor  be  first  made  or  secured 
to  the  owners  thereof;  and  provided,  further,  that  any 
railroad  company  heretofore  organized  or  that  may  be 
hereafter  be  organized  under  said  chapter  16  shall 
have  the  power  and  right  to  construct  and  operate  in- 
terurban  railroads,  using  motive  power  other  than 
steam,  and  in  the  construction  and  operation  of  said  inter- 
urban  railroads  shall  have  the  powers  of  eminent  do- 
main  contained   in  said  chapter. 

Change,  of  location  and  grade.  §  82.  Whenever  any  rail- 
road company  heretofore  incorporated,  or  which  may 
hereafter  be  incorporated,  shall  find  it  necessary,  for 
the  purpose  of  avoiding  annoyance  to  public  travel,  or 
dangerous  or  difficult  curves  or  grades,  or  unsafe  or 
unsubstantial  grounds  or  foundations,  or  for  other  rea- 
sonable causes,  to  change  the  grade  or  location  of  any 
portion  of  their  road,  whether  heretofore  made  or  here- 
after to  be  made,  such  railroad  companies  shall  be  and 
are  hereby  authorized  to  make  such  changes  of  grade 
and  location,  not  departing  from  their  general  route. 
And  for  the  purpose  of  making  any  such  change  in  the 
location  and  grades  of  any  such  roads  as  aforesaid, 
such  company  shall  have  all  the  rights,  powers  and 
privileges  to  enter  upon  and  appropriate  such  lands, 
and  make  surveys  necessary  to  effect  such  changes  and 
grades  upon  the  same  terms,  and  be  subject  to  the  same 
obligations,  rules  and  regulations  as  are  prescribed  by 
law;  and  shall  also  be  liable  in  damages,  when  any 
njay  have  been  caused  by  such  change,  to  the  owner  or 
owners  of  land  upon  which  such  road  was  heretofore 
constructed,  to  be  ascertained  and  paid,  or  deposited 
as  herein  provided;  but  no  damages  shall  be  allowed, 
unless  claimed  within  90  days  after  actual  notice  in 
writing  of  such  intended  change  shall  be  given  to  such 
owner  or  owners  residing  on  the  premises,  or  notice  by 
publication  in  some  newspaper  in  general  circulation 
in   the   county,   if  non-resident. 

Occupation  of  streets,  alleys,  etc.  §  83.  If  it  shall  be 
necessary,  in  the  location  of  any  part  of  any  railroad, 
to  occupy  any  road,  street,  alley  or  public  way  or  ground 
of  any  kind,  or  any  part  thereof,  it  shall  be  competent 
for  the  municipal  or  other  corporation,  or  public  officer 
or  public  authorities,  owning  or  having  charge  thereof, 
and  the  railroad  company,  to  agree  upon  the  manner,  and 
upon  the  terms  and  conditions  upon  which  the  same 
may  be  used  or  occupied;  and  if  said  parties  shall  be 
unable  to  agree  thereon  and  it  shall  be  necessary,  in 
the  judgment  of  the  directors  of  such  railroad  company, 
to  use  or  occupy  such  road,  street,  alley  or  other 
public  way  or  ground,  such  company  may  appropriate 
80  much  of  the  same  as  may  be  necessary  for  the  pur- 
poses of  such  road,  in  the  same  manner  and  upon  the 
same  terms  as  is  provided  for  the  appropriation  of  the 
property  of  individuals  by   §  81  of  this  chapter. 

Borrowing  money.  §  84.  Such  company  shall  have  power 
to  borrow  money  on  the  credit  of  the  corporation,  and 
may  execute  bonds  or  promissory  notes  therefor,  and  to 
secure  the  payment  thereof  may  pledge  the  property 
and   income   of   such   cornpany. 

Right  of  way.  §  85.  Such  company  may  acquire,  by 
purchase  or  gift,  any  lands  in  the  vicinity  of  said  road, 
or  through  which  the  same  may  pass,  so  far  as  the  same 
may  be  deemed  convenient  or  necessary  by  said  com- 
pany   to    secure    the    right   of   way    to    such    as    may    be 


granted  to  aid  in  the  construction  of  such  road,  and 
the  same  to  hold  or  convey  in  such  manner  as  the 
directors  may  prescribe;  and  all  deeds  and  convey- 
ances made  by  such  company  shall  be  signed  by  the 
president  under  the  seal  of  the  corporation,  and  any  ex- 
isting corporation  may  accept  the  provisions  of  this 
subdivision  by  filing  in  writing  their  acceptance  thereof, 
under  the  seal  of  said  corporation,  in  the  office  of  the 
secretary  of  the  State.  And  upon  filing  such  acceptance, 
such  corporation  shall,  from  the  date  thereof,  succeed 
to  and  become  invested  with  all  the  rights,  privileges. 
Immunities  and  powers  conferred  by  this  subdivision, 
without  reorganizing.  The  said  secretary  shall  record 
and  preserve  such  acceptance  in  his  office,  and  a 
copy  thereof,  duly  certified  by  said  secretary,  under  the 
seal  of  the  State,  shall  be  evidence  in  all  courts  of  this 
State  of  such  acceptance. 

Crossing  roads  and  streams.  §86.  Any  railroad  com 
pany  may  construct  and  carry  their  railroad  across, 
over  or  under  any  road,  railroad,  canal,  stream  or  water- 
course, when  it  may  be  necessary  in  the  construction 
of  the  same;  and  in  such  cases  said  corporation  shall 
so  construct  their  railroad  crossings  as  not  unnecessarily 
to  impede  the  travel,  transportation  or  navigation  upon 
the  road,  railroad,  canal,  stream  or  watercourse  SC' 
crossed.  Said  corporation  shall  have  the  right  tc 
change  the  channel  of  any  stream  or  watercourse 
from  its  present  location  or  bed,  whenever  it  may  be 
necessary  in  the  location,  construction  or  use  of  their 
said  road;  provided,  they  do  not  change  its  general 
course,   or   materially   impair   its   former  usefulness. 

Office.     §  87.     Such  corporation  shall,  upon  commencing 
business,  establish  an  office  at  some  point  on  its  line  ag  j 
road,  and  may  change  the  same  at  pleasure.  MM 

Annual  report.  §  88.  Each  and  every  railroad  compai^ 
incorporated  under  this  subdivision,  and  such  as  shall 
hereafter  accept  the  same,  shall  annually  in  the  month 
of  January  make,  upon  oath  of  the  president,  secretary, 
or  treasurer,  a  full  report  of  the  condition  of  its  affairs 
to  the  auditor  of  the  State,  showing  the  amount  of 
the  capital  stock  of  such  company,  the  gross  amount  of 
receipts  during  the  previous  year,  the  cost  of  repairs  and 
incidental  expenses,  the  net  amount  of  profits,  and  the 
dividends  made,  with  such  other  facts  as  may  be  neces- 
sary to  a  full  statement  of  the  affairs  and  condition  of 
such  road;  and  the  auditor  shall  incorporate  an  abstract 
thereof   in   his   annual   report  to  the  general   assembly. 

Consolidation.  §  89.  Whenever  the  lines  of  railroad  of 
any  railroad  companies  in  this  State,  or  any  portion  of 
such  lines,  have  been  or  may  be  constructed  so  as  to 
admit  tlie  passage  of  burden  or  passenger  cars  over 
any  two  or  more  of  such  roads  continuously,  without 
break  of  gauge  or  interruption,  such  companies  are 
hereby  authorized  to  consolidate  themselves  into  a 
single  corporation,  in  the  manner  following:  The  di- 
rectors of  said  two  or  more  corporations  may  enter  into 
an  agreement,  under  the  corporate  seal  of  each,  for  the 
consolidation  of  the  said  two  or  more  corporations, 
prescribing  the  terms  and  conditions  thereof;  the 
mode  of  carrying  the  same  into  effect;  the  name  of  the 
new  corporation;  the  number  of  the  directors  thereof, 
which  shall  not  be  less  than  seven;  the  time  and  place 
of  holding  the  first  election  of  directors;  the  number  of 
shares  of  capital  stock  in  the  new  corporation;  the 
amount  of  each  share;  the  manner  of  converting  the 
shares  of  capital  stock  in  each  of  said  two  or  more 
corporations  into  shares  in  such  new  corporation;  the 
manner  of  compensating  stockholders  in  each  of  said 
two  or  more  corporations,  who  refuse  to  convert  their 
stock  into  the  stock  of  such  new  corporation,  with  such 
other  details  as  they  shall  deem  necessary  to  perfect 
such  consolidation  of  said  corporations;  and  such  new 
corporation  shall  possess  all  the  powers,  rights  and 
franchises  conferred  upon  such  said  two  or  more  corpo- 
rations, and  shall  be  subject  to  all  the  restrictions,  and 
perform  all  the  duties  imposed  by  the  provisions  of  this 
Dubdivision ;  provided,  that  all  stockholders  in  either  of 
such  corporations  who  shall  refuse  to  convert  their 
stock  into  the  stock  of  such  new  corporation  shall  be 
paid  the  market  value  of  said  stock,  at  the  date  of  such 
consolidation. 

Approval  hy  stockholders.    §  90.    Such  agreement  of  the 


Public  Service  Laws 


837 


directors  shall^ot  be  deemed  to  be  the  agreement  of 
ilie  said  two  o^more  corporations  until  after  it  has  been 
submitted  to  the  stockholders  of  each  of  the  said  cor- 
ixjrations  separately,  at  a  meeting  thereof,  to  be  called 
upon  a  notice  of  at  least  90  days,  specifying  the  time 
and  place  of  such  meeting,  and  the  object  thereof,  to  be 
addressed  to  each  of  such  stockholders,  when  the  place 
of  residence  is  known,  and  deposited  in  the  postofHce  and 
published  at  least  for  six  successive  weeks  in  one 
newspaper  in  one  of  the  cities  or  towns  in  which  each  of 
said  corporations  had  its  principal  office  cf  business,  and 
lias  been  sanctioned  by  such  stockholders,  by  the  vote 
of  at  least  two-thirds  in  the  amount  of  the  stock  repre- 
sented at  such  meeting,  voting  by  ballet  in  regard  to 
such  agreement,  either  in  person  or  by  proxy,  each 
share  of  capital  stock  being  entitled  to  one  vote.  And, 
when  such  agreement  of  the  directors  has  been  so  sanc- 
tioned by  each  of  the  meetings  of  the  stockholders, 
separately,  after  being  submitted  to  such  meetings  in 
the  manner  above  mentioned,  then  such  agreement  of 
tbe  directors  shall  be  deemed  to  be  the  agreement  of  the 
said   two  or   more   corporations. 

Agreement  filed  with  secretary  of  State.  §  91.  Upon 
making  the  agreement  mentioned  in  the  preceding  sec- 
tion, in  the  manner  required  therein,  and  filing  a  dupli- 
cate in  counterpart  thereof,  in  the  office  of  the  secretary 
of  the  State,  the  said  two  or  more  corporations  (men- 
tioned or  referred  to  in  the  last  two  preceding  sections, 
or  any  other  law  of  this  State)  shall  be  merged  in  the 
new  corporation  provided  for  in  such  agreement,  to  be 
known  by  the  corporate  name  therein  mentioned,  and  the 
details  of  such  agreement  shall  be  carried  into  effect 
as   provided   therein. 

Title  of  property.  §  92.  Upon  the  election  of  the  first 
board  cf  directors  of  the  corporation  created  by  the 
agreement  in  the  preceding  section  mentioned,  and  by 
the  provisions  of  this  subdivision,  all  and  singular  the 
rights  and  franchises  of  each  and  all  of  said  two  or 
more  corporations,  parties  to  such  agreement,  all  and 
singular  the  rights  and  interests  in  and  to  every  species 
of  property,  real,  personal  and  mixed,  and  things  in 
action,  shall  be  deemed  to  be  transferred  to  and  vested 
in  such  new  corporation,  without  any  other  deed  or 
transfer.  And  such  new  corporation  shall  hold  and  en- 
joy the  same,  together  with  the  right-of-way  and  all  other 
rights  of  property,  in  the  same  manner  and  to  the  same 
extent  as  if  the  said  two  or  more  corporations,  parties 
to  such  agreement,  should  have  continued  to  retain  the 
title  and  transact  the  business  of  such  corpofation.  And 
the  titles  and  the  real  estate  acquired  by  either  of  said 
iwo  or  more  corporations  shall  not  be  deemed  to  revert 
or  be  impaired  by  means  of  anything  in  this  subdivision 
contained;  provided,  that  all  rights  of  creditors,  and 
all  liens  upon  the  property  of  either  of  said  corporations 
shall  be  and  hereby  are  preserved  unimpaired;  and  the 
respective  corporations  shall  continue  to  exist  as  far 
as  may  be  necessary  to  enforce  the  same;  and,  provided, 
further,  that  all  debts,  liabilities  and  duties  of  either 
company  shall  henceforth  attach  to  such  new  corpora- 
tion and  be  enforced  to  the  same  extent  and  in  the 
same  manner  as  if  such  debts,  liabilities  and  duties  had 
been    originally    incurred   by   it. 

Duties  of  the  consolidated  companies.  §  93.  When  any 
two  or  more  railroad  companies  shall  become  con- 
solidated, as  contemplated  by  the  provisions  of  this  sub- 
division, such  companies  so  consolidated  shall  keep  each 
and  every  railroad  line  that  may  come  into  its  possession 
by  such  consolidation  in  good  running  order,  with  suffi- 
cient rolling  stock  to  transfer  the  freight  and  passen- 
gers. They  shall  net  discriminate  against  the  business 
of  either,  or  any,  of  said  railroad  lines,  either  directly 
or  indirectly,  by  the  detention  of  freight  or  passengers, 
or  by  charging  more  for  freight  or  passage  than  is 
charged  in  proportion  upon  any  other  railroad  line  under 
the   control   of   said    ccmpany   so   consolidated. 

Aiding  other  railroads — Leasing.  §  94.  Any  railroad 
company  heretofore  or  hereafter  incorporated  may,  at 
any  time,  by  means  of  subscription  to  the  capital  stock 
of  any  other  company  or  otherwise,  aid  such  company 
in  the  construction  cf  its  railroad  for  the  purpose  of 
forming   a    connection   of   said    last   mentioned    road    with 


the  road  owned  by  the  company  furnishing  such  aid;  or 
any  railroad  company  existing  In  pursuance  of  law  may 
lease  or  purchase  any  part  of  or  all  of  any  railroad 
constructed  cr  to  be  constructed  by  any  other  company, 
if  said  company's  lines  of  railroad  constructed  or  to 
be  constructed  are  continuous  or  connected  as  aforesaid, 
upon  such  terms  and  conditions  as  may  be  agreed  on 
between  said  companies  respectively;  or  any  two  or 
more  railroad  companies,  whose  lines  are  so  connected, 
may  enter  into  an  agreement  for  their  common  benefit 
consistent  with  and  calculated  to  promote  the  objects 
for  which  they  are  created;  provided,  that  no  such  aid 
shall  be  furnished,  nor  any  purchase,  lease  or  arrange- 
ment perfected,  until  a  meeting  of  the  stockholders  of 
each  of  said  companies  shall  have  been  called  by  the 
directors  thereof,  at  such  time  and  place  and  in  manner 
as  they  shall  designate,  and  the  holders  of  at  least  two- 
thirds  of  the  stock  of  such  company,  represented  at  such 
meeting,  either  in  person  or  by  proxy  and  voting  thereat, 
shall  have  assented  thereto. 

Right  of  way — Damages.  S  95.  Any  railroad  corpora- 
lien  may  purchase  and  use  real  estate  for  a  price  to 
be  agreed  upon  with  the  owners  thereof,  or  the  damages 
to  be  paid  by  such  corporation  for  any  real  estate  taken 
as  aforesaid,  when  not  agreed  upon,  shall  be  ascertained 
and  determined  by  commissioners  to  be  appointed  by 
the  probate  judge  of  the  county  wherein  such  real 
estate  is  situated,  in  conformity  with  the  provisions  of 
this  subdivision;  provided,  that  if  the  company  shall 
need  or  require,  for  the  purpose  of  constructing  said  rail- 
road, to  take  and  occupy  any  real  estate,  in  any  un- 
organized county,  or  other  unorganized  county  in  this 
State,  where  there  is  no  probate  judge,  then  the  probate 
judge  of  the  first  organized  county  east  of  said  lands 
upon  the  line  of  said  road  shall  appoint  commissioners 
to  assess  said  damages,  and  to  perform  all  other  duties 
required  by  the  probate  judges  and  commissioners  by 
the  terms  of  this  subdivision,  and  either  shall  have  the 
right  to  appeal,  as  in  other  cases  provided  for  by  this 
subdivision. 

Property  of  minors.  §  96.  Whenever  any  railroad  cor- 
poration shall  take  any  real  estate  as  aforesaid,  of  any 
minor,  insane  person  or  any  married  woman  whose 
husband  is  under  guardianship,  the  guardian  of  such 
minor  or  insane  person  or  such  married  woman  with  the 
guardian  of  such  husband  may  agree  and  settle  with 
said  corporation  for  all  damages  or  claims  by  reason 
of  the  taking  of  such  real  estate,  and  may  give  valid  re- 
leases  and   discharges   therefor. 

Appraisement  of  damages — Appeal.  §  97.  If  the  owner 
of  any  real  estate  over  which  said  railroad  corporation 
may  desire  to  locate  its  road  shall  refuse  to  grant  the 
right  of  way  through  his  or  her  premises,  the  county 
jiid.ge  cf  the  county  in  which  said  real  estate  may  be 
situated,  as  provided  in  this  subdivision,  shall,  upon  the 
application  of  either  party,  direct  the  sheriff  of  said 
county  to  summon  six  disinterested  freeholders  of  said 
county,  to  be  selected  by  said  county  judge,  and  not 
Interested  in  a  like  question,  unless  a  smaller  number 
shell  be  agreed  upon  by  said  parties,  whose  duty  it  shall 
be  to  carefully  inspect  and  view  said  real  estate,  and 
shall  hear  either  party  interested  therein  in  reference 
to  the  amount  of  damages  when  they  are  so  inspecting 
and  viewing  said  real  estate,  and  thereafter  they  shall 
assess  the  damages  which  said  owner  shall  sustain  by 
the  appropriation  of  his  or  her  land  to  the  use  of  said 
railroad  corporation,  and  make  report  in  writing  to  the 
county  judge  of  said  county,  who,  after  certifying  the 
same  under  his  seal  of  office,  shall  transmit  the  same  to 
the  county  clerk  of  said  county  for  record,  and  said 
county  clerk  shall  file,  record  and  index  the  same  in  the 
same  manner  as  is  provided  for  the  record  of  deeds  in 
this  State.  And  such  record  shall  have  the  like  force 
and  effect  as  the  record  of  deeds  in  pursuance  of  the 
statute  in  such  case  made  and  provided.  And,  if  said 
corporation  shall,  at  any  time  before  it  enters  upon  said 
real  estate,  for  the  purpose  of  constructing  said  rdad, 
pay  to  said  county  judge  for  the  use  of  said  owner  the 
sum  so  assessed  and  returned  to  him  as  aforesaid,  it 
shall  thereby  be  authorized  to  construct  and  maintain 
its  said  road  over  and  across  said  premises;  provided, 
that  either  party  may  have  the  right  to  appeal  from  such 


838 


National  Association  of  Kailway  Commissioners 


assessment  of  damages  to  the  t)i8trict  Court  of  the 
county  In  which  such  lands  are  situated  within  60  days 
al^er  such  assessment.  And  in  case  of  such  appeal,  the 
decision  and  finding  of  the  District  Court  shall  be  trans- 
mi' ted  by  the  clerk  thereof,  duly  certified  to  the  county 
clerk,  to  be  filed  and  recorded  as  hereinbefore  provided 
In  his  oflace.  But  such  appeal  shall  not  delay  the  prose- 
cution of  the  work  on  said  railroad  if  such  corporation 
shall  first  pay,  or  deposit  with  such  county  judge,  the 
amount  so  assessed  by  said  freeholders.  Such  railroad 
company  shall,  in  all  cases,  pay  the  costs  of  the  first 
assessment;  provided,  that  if,  on  appeal,  the  appellant 
shall  not  obtain  a  more  favorable  judgment  and  award 
than  was  given  by  said  freeholders,  then  such  appellant 
shall  be  adjudged  to  pay  all  the  costs  made  on  such 
appeal;  provided,  further,  that  either  party  may  appeal 
from  the  decision  of  the  District  Court  to  the  Supreme 
Court  of  the  State,  and  the  money  so  deposited  shall 
remain  in  the  hands  of  the  county  judge  until  a  final 
decision  be  had,  subject  to  the  order  of  the  Supreme 
Court;  and,  provided  further,  that  any  railroad  company, 
desiring  to  acquire  by  condemnation  proceedings  the 
right  to  construct  and  operate  its  railroad  with  certain 
restrictions  as  to  manner  of  operation  or  as  to  motive 
power,  may  in  its  petition  to  have  property  condemned 
set  forth  the  manner  in  which  and  the  motive  power 
with  which  {t  proposes  to  operate  its  railroad,  and  in 
such  case  in  estimating  the  damages  to  property  not 
taken  the  appraisers  shall  take  into  consideration  the 
limitations  set  forth  in  said  petition  as  to  manner  of 
operation  and  motive  power  and,  upon  appeal,  a  jury 
shall,  in  estimating  damages  to  property  not  taken,  take 
such  limitations  of  manner  of  operation  and  motive  power 
into  consideration. 

Right  of  appeal.  §  97a.  That  either  party  shall  have 
the  right  to  appeal  to  the  District  Court  of  the  county 
where  the  lands  are  situated  from  the  assessment  of 
damages  allowed  and  mentioned  in  the  next  preceding 
section  at  any  time  within  60  days  after  the  filing  of  the 
report  of  the  appraisers  with  the  county  judge. 

Bond.  §  97b.  That  the  party  appealing  shall  within  30 
dajs  after  such  assessment  enter  into  an  undertaking 
to  the  adverse  party  with  at  least  one  good  and  suffi- 
cient surety,  to  be  approved  by  the  county  judge  of  said 
county;  conditioned,  first,  that  the  appellant  shall  prose- 
cute such  appeal  to  effect  without  unnecessary  delay; 
and  second,  that,  it  judgment  be  adjudged  against  the 
appellant  on  the  appeal,  the  appellant  shall  satisfy  what- 
ever judgment  may  be  adjudged  against  such  appellant. 

Transcript.  §  97c.  That  the  appellant  shall  within  the 
60  days  allowed  for  such  appeal  procure  and  file  in  the 
office  of  the  clerk  of  the  District  Court  a  certified  tran- 
script of  all  the  proceedings  of  such  assessment,  in- 
cluding also  all  papers  and  files  relating  to  or  connected 
with  the  assessment  appealed  from,  and  the  county  judge 
shall,  upon  demand,  make  such  certified  transcript  and 
deliver  the  same  to  the  appellant. 

Trial.  §  97d.  That,  upon  the  filing  of  such  transcript  in 
the  District  Court  within  60  days  from  the  date  of  the 
filing  of  the  appraiser's  assessment  appealed  from,  the 
appeal  shall  be  deemed  perfected  and  completed  and  the 
cause  shall  be  docketed  by  the  clerk  of  the  District 
Court,  making  the  owner  of  the  land  plaintiff  in  the 
Appellate  Court  and  the  railroad  company  defendant 
therein,  and  the  parties  shall  proceed  in  all  respects  in 
the  trial  of  said  cause  in  the  same  manner  as  though 
the  action  had  been  originally  instituted  in  such  Ap- 
pellate  Court. 

Joinder.  §  97e.  That  assessments  made  for  the  right  of 
way  for  the  same  railroad  company,  upon  and  through 
different  tracts  of  land  belonging  to  the  same  owner  or 
owners  in  the  same  right  in  the  same  cOunty,  may  be 
joined  in  one  appeal  and  proceeded  wittf  in  the  Appel- 
late Court  as  separate  accounts  joined  in  one  action  for 
damages  to  such  tracts  of  land,  for  and  on  account  of 
such  right  of  way. 

Commissioners  shall  assess  damages  to  all  real  property. 
§  98.  Freeholders  so  appointed  shall  be  the  commission- 
ers to  assess  all  damages  to  the  owners  of  real  estate 
In  said  county.  And  said  corporation  may,  upon  refusal 
of   any    owner    or    guardian   of   any   owner    of   lands    in 


said  county  to  grant  the  right  of  way  as  aforesaid,  by 
giving  the  said  owner  or  guardian  1^  days'  notice  in 
writing  of  the  time  and  place  of  such  assessment,  have 
the  damages  assessed  in  the  manner  hereinbefore  pre- 
scribed, and  service  of  said  notice  may  be  made  eithei 
by  personal  service  or  by  leaving  a  copy  thereof  at  the 
usual  place  of  residence  of  said  owner   or  guardian. 

Completion  of  panel — Fees.  §  99.  In  case  of  the  death 
absence,  or  refusal  or  neglect  of  any  of  said  freeholders 
to  act  as  commissioners  as  aforesaid,  the  sheriff  shall 
upon  the  selection  of  said  probate  judge,  summon  othei 
freeholders  to  complete  the  panel,  and  said  commissioners 
shall  proceed  as  directed  in  the  preceding  section.  Saici 
commissioners  shall  receive  $2  per  day,  each,  for  theii 
services,  and  the  same  shall  be  taxed  in  the  bill  cl 
costs. 

Non-residents'  lands.  §  100.  If,  upon  the  location  o 
said  railroad,  it  shall  be  found  to  run  through  the  lands 
of  any  non-resident  owner,  the  said  corporation  naj 
give  four  weeks'  notice  to  such  proprietor,  if  known,  aid 
if  not  known,  by  a  description  of  such  real  estate,  bj  t 
publication  four  consecutive  weeks  in  some  newspapei 
published  in  the  county  where  such  lands  may  lie,  i 
there  be  any,  and.  if  not,  in  one  nearest  thereto  on  lh« 
line  of  their  said  road,  that  said  railroad  has  been  lo 
cated  through  his  or  her  lands;  ana,  if  such  owner  shal 
not,  within  30  days  thereafter,  apply  to  said  probati 
Judge  to  have  the  damages  assessed  in  the  mode  pre 
scribed  in  the  preceding  sections,  said  company  ma] 
proceed,  as  herein  set  forth,  to  have  the  damages  \8 
sessed,  subject  to  the  same  right  of  appeal  as  in  ci  si 
of  resident  owners,  and,  upon  the  payment  of  the  dam 
ages  assessed  to  the  probate  judge  of  the  proper  com  t; 
for  such  owner,  the  corporation  shall  acquire  all  rlgliti 
and  privileges  mentioned  in  this  subdivision. 

Crossings.  §101.  Any  railroad  corporation  may  ra!s 
or  lower  any  turnpike,  plank  road  or  other  way  for  1hi 
purpose  of  having  their  railroad  pass  over  or  under  thi 
same,  and  in  such  cases  said  corporation  shall  put  stol 
turnpike,  plank  road  or  other  way,  as  soon  as  may  be,  ii 
good  repair. 

Same.  1 102.  Every  railroad  corporation,  while  <  nr 
ployed  in  raising  or  lowering  any  turnpike  or  other  w  -j 
or  in  making  any  other  alterations,  by  means  of  wh  ol 
the  said  way  may  be  obstructed,  shall  provide  and  k(  e 
in  good  order  suitable  temporary  ways  to  enable  travel,  r 
to  avoid  or  pass  such  obstructions.  J|  ■ 

Bridges'.  S  ^'J'^-  Jivery  railroad  corporation  shall  in!  Ii 
tain  and  keep  in  good  repair  all  bridges,  with  their  atal 
ments,  which  such  corporation  shall  construct  for  '  h 
purpose  of  enabling  their  read  to  pass  over  or  under  t  n 
turnpike,   road,  canal,  watercourse  or  other  way. 

Bell  and  whistle.  §  104.  A  bell  of  at  least  30  pour  di 
weight  or  a  steam  whistle  shall  be  placed  on  each  lo  :< 
motive  engine,  and  shall  be  rung  or  whistled  at  h 
distance  of  at  least  80  rods  from  the  place  where  h 
said  railroad  shall  cross  any  other  road  or  street,  and  b 
kept  ringing  or  whistling  until'  it  shall  have  crcs;  e 
said  road  or  street,  under  a  penalty  of  $50  for  ev  ^ 
neglect,  to  be  paid  by  the  corporation  owning  the  r  li 
road,  one-half  thereof  to  go  to  the  informer,  and  h 
other  half  to  this  State,  and  also  be  liable  for  all  di.n 
ages  which  shall  be  sustained  by  any  person  by  reaso 
of  such  neglect;  provided,  that  this  section  shall  ic 
apply  to  cars  or  trains  operated  by  electricity  and  t  la 
such  electric  cars  and  trains  shall  be  equipped  with  a1 
whistles  which  shall  be  whistled  as  herein  provided. 

State  lands.  §  105.  Any  railroad  corporation  shall  t 
authorized  to  pass  over,  occupy  and  enjoy  any  of  th 
school,  university,  saline  or  other  lands  of  this  State 
provided,  that  no  more  of  such  lands  shall  be  taken  t  la 
Is  required  for  the  necessary  use  and  convenience  < 
such  corporation;  and  provided,  further,  that  the  din 
ages  accruing  to  any  occupant  or  owner,  or  other  le 
son  who  may  reside  or  have  improvements  on  said  lsn( 
shall  be  determined  and  paid  by  said  railroad  compan 
as    heretofore    provided    In   this   subdivision. 

Crossings  where  persons  oxen  land  on  both  sides.  §  10 
When  any  person  owns  land  on  both  sides  of  any  ral 
road,   the  corporation   owning  such  railroad   shall,  whe 


PuBiJc  Service  Laws 


839 


required  so  to  do,  make  and  keep  in  good  repair  one 
causeway  or  other  adequate  means  of  crossing  the  same. 

Passengers  refusing  to  pay  fare.  §  107.  If  any  passen 
ger  shall  refuse  to  pay  his  fare,  it  shall  be  lawful  for 
the  conductor  of  the  train  and  the  servants  of  the 
corporation  to  put  him  and  his  baggage  out  of  the  cars, 
using  no  unnecessary  force,  at  any  place  within  5 
miles  of  any  station. 

Intoxication  of  employes.  §  108.  If  any  person  shall, 
while  in  charge  of  a  locomotive  engine  running  upon 
the  railroad  of  any  such  corporation,  or  while  acting  as 
the  conductor  of  a  car  or  train  of  cars  on  any  such 
railroad,  be  intoxicated,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  $100  nor  more  than  $500,  or  be  imprisoned 
not  less  than  six  months  nor  more  than  one  year,  and 
be  imprisoned  until  the  fine  is  paid. 

Injuring  railroad  property.  §  109.  Repealed  by  General 
Statutes,  849. 

Company  not  liable  for  damages.  §  110.  In  case  any 
passenger  on  any  railroad  shall  be  injured  while  on  the 
platform  of  a  car  while  in  motion,  or  in  any  baggage, 
wood  or  freight  car,  in  violation  of  the  printed  regula- 
tions of  the  company  posted  up  at  the  time  in  a  con- 
spicuous place  inside  of  its  passenger  cars  then  in  the 
train,  such  company  shall  not  be  liable  for  the  injury; 
provided,  said  company  furnished  room  inside  its 
passenger  cars  sufficient  for  the  accommodation  of  its 
passengers. 

Liability  as  common  carriers.  §  111'.  Any  railroad  com- 
pany receiving  freight  for  transportation  shall  be  enti- 
tled to  the  same  rights  and  be  subject  to  the  same  lia- 
bilities as  common  carriers.  And  whenever  two  or  more 
railroads  are  connected  together,  the  company  owning 
either  of  said  roads  receiving  freight  to  be  transported 
to  any  place  on  the  line  of  either  of  the  roads  so  con- 
nected shall  be  liable  as  common  carriers  for  the  deliv- 
ery of  such  freight  to  the  consignee  of  said  freight,  in 
the   same  order  in  which  such  freight  was  shipped. 

Liability  of  stockholders.  §  112.  Every  stockholder  of 
any  railroad  company  shall  be  individually  liable  to  the 
creditors  of  such  company,  to  an  amount  equal  to  the 
amount  unpaid  on  the  stock  held  by  him,  for  all  the 
debts  and  liabilities  of  such  company  until  the  whole  of 
the  capital  stock  held  by  him  shall  have  been  paid  to 
the  company;  but  in  no  other  case  shall  stockholders 
be  individually  liable  for  the  debts  of  the  corporation. 

Crossing  other  railroads.  §  113.  Every  railroad  com. 
pany  shall  have  power  to  cross,  intersect,  join  and  unite 
its  railroad  with  any  other  railroad  before  constructed, 
at  any  point  on  its  route  and  upon  the  grounds  of  such 
other  railroad  company,  with  the  necessary  turnouts, 
sidings,  and  switches,  and  other  conveniences  in  further- 
ance of  the  objects  of  its  connection.  And  every  com- 
pany whose  railroad  is  or  shall  hereafter  be  intersected 
by  any  new  railroad  shall  unite  with  the  owners  of  such 
new  railroad  in  forming  such  intersections  and  connec- 
tions, and  grant  the  facilities  aforesaid;  and  if  the  two 
corporations  cannot  agree  upon  the  amount  of  com- 
pensation to  be  made  therefor,  or  the  points  and  manner 
of  such  crossings  and  connections,  the  same  shall  be  as- 
certained and  determined  by  commissioners,  to  be  se- 
lected  as   provided   in   this   subdivision. 

Roads  in  adjoining  States.  §  114.  Every  railroad  com- 
pany organized  under  the  laws  of  this  State  shall  have 
power  to  intersect,  join  and  unite  its  railroad  or  rail- 
roads with  any  railroad  or  railroads  constructed  or  te 
be  constructed  in  this  State  or  in  any  adjoining  State 
or  Territory,  by  any  railroad  company  organized  un- 
der the  laws  of  any  State  or  Territory,  at  such  point 
on  the  boundary  line  of  this  State  and  such  adjoin- 
ing State  or  Territory  or  at  such  other  point  as  may 
be  mutually  agreed  upon  between  said  companies,  and 
all  such  railroad  companies  whose  railroads  are  or 
may  be  connected  at  the  boundary  line  of  this  State 
or  at  such  other  agreed  point  by  bridge,  transfer,  ferry 
or  otherwise  as  to  form  practically  a  continuous  line 
of  railway  over  which  cars  may  pass,  are  authorized 
to  consolidate  the  stock  of  the  respective  companies, 
making  one  joint  stock  company  thereof,  and  bring- 
ing the  railroads  thus  connected  under  one  manage- 
ment upon  such  terms  as  may  be  mutually  agreed;   pro- 


vided, no  railroad  company  shall  consolidate  Its  stock, 
property,  franchise  or  earnings  in  whole  or  in  part  with 
any  other  railroad  corpoation  owning  or  operating  a  paral- 
lel or  competing  line  in  this  State  Articles  stating  the 
terms  of  such  consolidation  shall  be  approved  by  each 
company  by  a  vote  of  the  stockholders  owning  a  majority 
of  the  stock,  in  person  or  by  proxy,  at  either  a  regular 
annual  meeting  thereof  or  at  a  special  meeting  called  for 
that  purpose  by  a  notice  of  at  least  60  days,  stating  the  ob- 
ject of  such  meeting,  to  be  addressed  to  each  of  such 
stockholders  when  their  place  of  residence  is  known, 
and  deposited  in  the  postoffice  and  published  for  at  least 
three  successive  weeks  in  one  newspaper  in  at  least  one 
of  the  cities  or  towns  in  which  each  of  said  corporations 
has  its  principal  business  office,  or  by  consent  in  writing 
of  such  majority  annexed  to  such  articles,  and  copies  of 
said  articles  and  of  the  records  of  such  approval  or  of 
such  consent,  and  accompanied  by  lists  of  the  stock- 
holders of  such  corporation,  and  the  number  of  shares 
held  by  each,  duly  certified  by  the  respective  presidents 
and  secretaries  with  the  respective  corporate  seals  af- 
fixed, shall  be  filed  for  record  in  the  office  of  the  secre- 
tary of  State  of  this  State  before  any  such  consoli- 
dation shall  have  any  validity  or  effect.  Upon  filing 
for  record  in  the  office  of  the  secretary  of  State  of 
the  copies  of  said  articles  of  such  consolidation,  and 
of  such  record  of  approval  or  consent,  the  companies 
so  consolidating  shall  become  one  corporation  and 
the  said  consolidating  corporations  shall  become  merged 
in  the  new  corporation  provided  for  in  said  articles, 
and  shall  be  krown  thereafter  by  the  corporate  name 
therein  adopted,  and  shall  within  this  State  possess  all 
the  powers,  franchises  and  immunities,  including  the 
right  of  further  consolidation  with  other  corporations 
under  this  section,  and  be  subject  to  the  same  liabilities 
and  restrictions  imposed  by  the  law  of  this  State  upon 
other  railroad  companies,  and  shall  in  addition  possess 
such  powers,  franchises  and  immunities,  and  be  liable 
to  such  special  restrictions  and  liabilities,  as  the  said 
consolidated  corporations  were  within  this  State  pos- 
sessed of  or  subject  to  under  any  laws  of  this  State 
peculiarily  applicable  to  them  or  either  of  them  at  the 
time  of  such  consolidation. 

Extension  into  other  States.  §  115.  Every  railroad  com- 
pany heretofore  organized,  or  which  may  be  hereafter 
organized  under  this  subdivision,  or  which  may  accept 
the  same  as  is  hereinbefore  provided,  is  hereby  em- 
powered to  extend  their  road  into  or  through  any 
other  State  or  Territory,  under  such  regulations  as  may 
be  prescribed  by  the  laws  of  such  State  or  Territory 
through  which  said  road  may  be  extended;  and  tho 
rights  and  privileges  over  such  extension,  in  the  con- 
struction and  use  of  said  railroads  for  the  benefit  of 
said  company,  and  controlling  and  applying  the  assets 
of  said  company,  shall  be  the  same  as  if  their  railroads 
had   been   constructed   wholly  within   this   State. 

Contracts  with  other  roads  in  other  States.  §  116. 
Every  railroad  company  heretofore  organized  or  which 
may  be  hereafter  organized  under  this  subdivision,  or 
which  may  accept  the  same  as  is  hereinbefore  pro- 
vided, and  which  may  have  constructed  or  commenced  the 
construction  of  their  road  so  as  to  meet  and  connect  with 
any  other  railroad  in  an  adjoining  State  or  Territory,  at 
the  boundary  line  of  this  State,  shall  have  the  power  to 
make  such  contracts  and  agreements  with  any  such  roads 
constructed  in  an  adjoining  State  or  Territory  for  the 
transportation  of  freight  and  passengers,  or  for  the  use  of 
its  said  road,  as  the  board  of  directors  may  deem  proper. 

Mortgages,  etc.  §  117.  Every  railroad  company  shall 
have  power  and  is  hereby  authorized  to  mortgage  or 
execute  deeds  of  trust  of  the  whole  or  any  part  of  their 
property  and  franchise,  including  any  lands  or  other 
property  granted  to  said  company  by  the  United  States, 
to  secure  money  borrowed  by  them  for  the  construction 
and  equipment  of  their  roads,  and  may  issue  their  cor- 
porate bonds  in  sums  not  less  than  $500 — secured  by 
said  mortgages  or  deeds  of  trust — payable  to  bearer  or 
otherwise,  and,  if  payable  to  bearer,  negotiable  by  de- 
livery, bearing  interest  at  a  rate  not  to  exceed  10  per 
cent  per  annum,  and  convertible  into  stock,  or  not,  as 
shall  be  plainly  expressed  on  the  face  of  each  and 
every  bond  so  issued  by  said  company,  and  may  sell  them 
at  such   rates   or   prices   as   they   may  deem   proper;    and 


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National  Association  of  Railway  Commissioxebs 


If  said  bonds  should  be  sold  below  their  nominal  or 
par  value,  they  shall  be  valid  and  binding  upon  the  com- 
pany, and  no  plea  of  usury  shall  be  put  in  or  allowed 
-by  said  company  upon  any  suit  or  proceedings  upon  the 
Bame.  The  principal  and  interest  on  said  bonds,  or 
either  of  them,  may  be  made  payable  within  or  without 
this  State. 

Lien  of  mortgage.  §  118.  Any  mortgage  or  deed  of  trust 
made  ui'on  the  lands,  roads  or  other  property  of  any 
railroad  company  shall  bind  and  be  a  valid  lien  upon 
all  the  property  mentioned  in  such  deed  or  mortgage, 
including  rolling  stock;  and  the  purchaser  under  fore- 
closure of  mortgage  or  trust  deed  shall  have  and  enjoy 
all  the  rights  of  a  purchaser  on  e.xecution  sale;  provided, 
that  nothing  contained  in  this  subdivision  shall  be  so 
construed  as  in  any  manner  to  interfere  with,  change, 
or  modify  the  rights  of  this  State,  or  of  the  United 
States,  to  any  lands  granted  by  congress  to  this  State 
or  to  said  companies,  or  to  transfer  any  right  in  said 
lands,  otherwise  than  as  subject  to  all  the  conditions 
imposed  by  the  grant  made  by  the  United  States. 

Same.  §  119.  Said  mortgages  or  deeds  of  trust  may  by 
their  terms  include  and  cover  not  only  the  property  of 
the  companies  making  them  at  the  time  of  their  date, 
but  property  both  real  and  personal  which  may  there- 
after be  acquired  by  them,  together  with  all  the  material 
and  property  necessary  for  the  use  and  operation  of 
said  road,  and  shall  be  as  valid  and  effectual  as  if  the 
property  were  in  possession  at  the  time  of  the  execution 
thereof. 

Record.  §  120.  Said  mortgages  or  deeds  of  trust  shall 
be  recorded  in  the  office  of  the  register  of  deeds  of  each 
organized  county  through  which  said  road  mortgaged 
or  deeded  may  run  in  this  State,  or  wherever  it  may 
hold  lands  included  in  said  mortgages  or  deeds  of  trust, 
and  shall  be  notice  to  all  the  world  of  the  rights  of  all 
parties  under  the  same;  and  for  this  purpose,  and  to 
secure  the  rights  of  mortgagees  or  parties  interested 
under  deeds  of  trust  so  executed  and  recorded,  the  roll- 
ing stock,  personal  property  and  material  necessary  for 
operating  the  road  of  said  company,  belonging  to  said 
road,  and  appertaining  thereto,  shall  be  deemed  a  part 
of  the  road,  and  said  mortgages  and  deeds  so  recorded 
shall  -'have  the  same  effect,  both  as  to  notice  and  other- 
wise, as  to  the  real  estate  covered  by  them. 

Regular  trains.  §  121.  Every  such  railroad  corporation 
shall  start  and  run  their  cars  for  the  transportation 
of  passengers  and  property  at  regular  times,  to  be 
fixed  by  public  notice,  and  shall  furnish  sufficient  ac- 
commodation for  the  transportation  of  passengers  and 
freight,  and  shall  take,  transport  and  discharge  all 
passengers  to  and  from  such  stations  as  the  trains 
stop  at,  from  or  to  all  places  and  stations  upon  their 
said  road,  on  the  due   payment  of  fare  or^  freight  bill. 

Damages.  §  122.  In  case  of  the  refusal,  by  such  corpo- 
ration or  their  agents,  to  take  and  transport  any  passen- 
ger or  property,^  or  to  deliver  the  same  or  either  of  them, 
under  the  laws,'  rules,  and  usages  that  regulate  common 
carriers,  such  corporation  shall  pay  to  the  party  ag- 
grieved all  damages  which  shall  be  sustained  thereby, 
with  costs  of  suit. 

Assistance  at  elections.  §  144a.  That  it  shall  be  unlaw- 
ful and  a  misdemeanor  for  any  corporation  organized 
under  the  laws  of  the  State  of  Nebraska,  or  any  cor- 
poration organized  under  the  laws  of  any  other  State  or 
Territory,  or  under  the  laws  of  the  United  States,  or 
under  the  laws  of  any  other  nation  and  doing  business 
in  the  State  of  Nebraska,  to  give  or  contribute  money, 
property,  transportation,  help  or  assistance  in  any  man- 
ner or  form  to  any  political  party,  or  to  any  candidate 
for  any  civil  office,  or  to  any  political  organization  or 
committee  or  to  any  individual  to  be  used  or  expended 
for   political   purposes. 

CHAPTER  21. 

PAMAGES. 

Caused  hy  death.  §  1.  That  whenever  the  death  of  a 
person  shall  be  caused  by  the  wrongful  act,  neglect  or 
default,  and  the  act,  neglect  or  default  is  such  as  would. 
If  death  had  not  ensued,  have  entitled  the  party  injured 
to  maintain  an  action  and  recover  damages,  in  respect 
thereof,  then,  and  in  every  such  case,  the  person  who,  or 


compauy  or  corporation  which,  would  have  been  liable 
If  death  had  not  ensued  shall  be  liable  to  an  action  for 
damages,  notwithstanding  the  death  of  the  person  in- 
jured, and  although  the  death  shall  have  been  caused 
under  such  circumstances  as  amount  in  law  to  felony. 

Action  lor.  §  2.  That  every  such  action  shall  be  brought 
by  and  in  the  names  of  the  personal  representatives 
of  such  deceased  person,  and  the  amount  recovered  in 
every  such  action  shall  be  for  the  exclusive  benefit  of 
the  widow  or  widower  and  next  of  kin  of  such  deceased 
person,  and  shall  be  distributed  to  such  widow  oi 
widower  and  next  of  kin  in  the  proportion  provided  by 
law  in  relation  to  the  distribution  of  personal  property 
left  by  persons  dying  Intestate,  and  in  every  such  ac- 
tion the  jury  may  give  such  damages  as  they  shall  deem 
a  fair  and  just  compensation  with  reference  to  the  pe- 
cuniary injuries  resulting  from  such  death,  to  th« 
widow  or  widower  and  next  of  kin  of  such  deceased 
person;  provided,  that  every  such  action  shall  be  com 
menced  within  two  years  after  the  death  of  such  person 

employer's  liability.  1^1 

Railway  company's  liability  to  injured  employe,  "fl 
That  every  railway  company  operating  a  railway  engine, 
car  or  train  in  the  State  of  Nebraska  shall  be  liable  to 
any  of  its  employes  who  at  the  time  of  injury  are  en 
gaged  in  construction  or  repair  work,  or  in  the  use 
and  operation  of  any  engine,  car  or  train  for  said  com 
pany,  or  in  the  case  of  his  death  to  his  personal  re  )re 
sentatives  for  the'  benefit  of  his  widow  and  children,  il 
any;  if  none,  then  to  his  parents;  if  none,  then  to  his  i  exi 
of  kin  dependent  upon  him,  for  all  damages  which  niaj 
result  from  negligence  of  any  of  its  officers,  agents  or  em 
ployes,  or  by  reason  of  any  defects  or  insufficiency  du< 
to  its  negligence  in  its  cars,  engines,  appliances,  na 
chinery,   track,   roadbed,   ways   or  works. 

Same — Contributory  negligence.  §  4.  That  in  all  ac 
tions  hereafter  brought  against  any  railway  comp  mj 
to  recover  damages  for  personal  injuries  to  an  ^m 
ploye,  or  when  such  Injuries  have  resulted  in  his  de  th 
the  fact  that  the  employe  may  have  been  guilty  of  i  on 
tributory  negligence  shall  not  bar  a  recovery  when  hii 
contributory  negligence  was  slight  and  that  of  th< 
employer  was  gross  in  comparison,  but  damages  s  lal 
be  diminished  by  the  jury  in  proportion  to  the  amc  ml 
of  negligence  attributable  to  such  employe;  all  quest.  )ni 
of  negligence  and  contributory  negligence  shall  be  foi 
the  jury. 

Sam.e — Indemnity  insurance.  §  5.  That  no  contrac  o: 
.  employment,  insurance,  relief  benefit  or  indemnity  foi 
injury  or  death  hereafter  entered  into  by  or  on  be'  all 
of  any  employe,  nor  the  acceptance  of  any  such  in  iur 
ance,  relief  benefit  or  indemnity  by  the  person  enti  lee 
thereto,  shall  constitute  any  bar  or  defence  to  any  ac 
tion  brought  to  recover  damages  for  i)ersonal  inju  iei 
to  or  death  of  such  employe;  provided,  however,  iha( 
upon  the  trial  of  such  action  against  any  railway  c  5m 
pany  the  defendant  may  set  off  any  sum  it  has  contrib 
uted  toward  any  such  insurance,  relief  benefit  or  in 
demnity  that  may  have  been  paid  to  the  injured  empl  iy« 
or,   in   case  of  his  death,  to  his  personal   representative 


CHAPTER  32. 

FRAUDS. 


^i 


Railroad  property.  §  27a.  In  any  contract  for  the  aah 
of  railroad  or  street  railway  equipment  or  rolling  stick 
it  shall  be  lawful  to  agree  that  the  title  to  the  propirtj 
sold  or  contracted  to  be  sold,  although  possession  there 
of  may  be  delivered  immediately,  or  at  any  time  oi 
times  subsequently,  shall  not  vest  in  the  purchi  sei 
until  the  purchase  price  shall  be  fully  paid,  or  hat 
the  seller  shall  have  and  retain  a  lien  thereon  for  the 
unpaid  purchase  money.  And  in  any  contract  for  th« 
leasing  or  hiring  of  such  property,  it  shall  be  la^v•ful 
to  stipulate  for  a  conditional  sale  thereof  at  the  termina- 
tion of  such  contract,  and  that  the  rentals  or  amounts 
to  be  received  under  such  contract  may,  as  paid,  be 
applied  and  treated  as  purchase  money,  and  that  the 
title  to  the  property  shall  not  vest  in  lessee  or  bailee 
until  the  purchase  price  shall  have  been  paid  in  full, 
and  until  the  terms  of  the  contract  shall  have  been  fully 
performed,    notwithstanding    delivery    to    and    possession 


Public  Service  Laws 


841 


by    such    lessee    or   bailee;    provided,    that   no    such    con- 
tract   shall    *    until    the    purchase   price    shall    have   been 

*An  evident  omission  in  enrolled  bill, 
paid  in  full  and  until  the  terms  of  the  contract  shall 
have  been  fully  performed,  notwithstanding  delivery  to 
and  possession  by  such  lessee  or  bailee;  provided,  that 
no  such  contract  shall  be  valid  as  against  any  subse- 
quent judgment  creditor,  or  any  subsequent  bona  fide 
purchaser  for  value  and  without  notice,  unless:  1.  The 
same  shall  be  evidenced  by  an  instrument  executed  by 
the  parties  and  duly  acknowledged  by  the  vendee,  or 
lessee  or  bailee,  as  the  case  may  be,  or  duly  proved, 
before  some  person  authorized  by  law  to  take  acknowl- 
edgment of  deeds,  and  in  the  same  manner  as  deeds  are 
acknowledged  or  proved.  2.  Such  instrument  shall  be 
filed  tor  record  in  the  ofl^ce  of  the  secretary  of  State 
of  this  commonwealth.  3.  Bach  locomotive,  engine  or 
car  so  sold,  leased  or  hired,  or  contracted  to  be  sold, 
leased  or  hired,  as  aforesaid,  shall  have  the  name  of 
the  vendor,  lessor  or  bailor  plainly  marked  on  each 
Bide  thereof,  followed  by  the  word  "owner,"  or  "lessor," 
or  "bailor,"  as  the  case  niay  be. 

CHAPTER  45. 

IN-TERXAL  IMPROVKMENTR. 

Bonds.  %  1.  That  any  county  or  city  in  the  State  of 
Nebraska  is  hereby  authorized  to  issue  bonds  to  aid  in 
thf-  construction  of  any  railroad,  or  other  work  of  in- 
ternal improvement,  to  an  amount  to  be  determined  by 
the  county  commissioners  of  such  county  or  the  city 
council  of  such  city,  not  exceeding  10  per  centum  of  the 
assessed  valuation  of  all  taxable  property  in  said  county 
or  city;  provided,  the  county  commissioners  or  city 
council  shall  first  submit  the  question  of  the  issuing  of 
such  bonds  to  a  vote  of  the  legal  voters  of  said  county 
or  city,  in  the  manner  provided  by  chapter  9  of  the 
Revised  Statutes  of  the  State  of  Nebraska,  for  submitting 
to  the  people  of  a  county  the  question  of  borrowing 
mcney. 

Proposition  to  vote.     %  2.     The  proposition  of  the  ques- 
tion  must  be   accompanied   by  a   provision   to  levy  a  tax 
annually  for  the  payment  of  the  interest  on  said  bonds  as 
it  becomes  due;  provided,  that  an  additional  amount  shall 
I  be    levied    and    collected    to    pay    the    principal    of    said 
I  bonds,   when  it  shall  become  due;    and,  provided   further, 
[  that   no   tax   shall   be   levied   or   collected   to   pay   any   of 
•  the   principal  of   said   bonds   until   after   the   year   1880. 
Rate  of  interest.     §  3.     The  proposition  shall  state  the 
rate    of    interest    such    bond    shall    draw,    and    when    the 
i  principal  and  interest  shall  be  made  payable. 

Result  of  vote.  §  4.  Upon  a  majority  of  the  votes  cast 
being  in  favor  of  the  proposition  submitted,  the  county 
commissioners,  in  the  case  of  a  county,  and  the  city 
council,  in  the  case  of  a  city,  shall  cause  the  proposition 
and  the  result  of  the  vote  to  be  entered  upon  the  records 
of  said  county  or  city,  and  a  notice  of  its  adoption  to  be 
published  for  two  successive  weeks  in  any  newspaper  in 
said  county  or  city,  if  there  be  one,  and,  if  not,  then" 
without  such  be  and  continue  a  subsisting  debt  against 
such  county  or  city  until  they  are  paid  and  discharged. 

Taxes.  §  5.  It  shall  be  the  duty  of  the  proper  officers 
of  such  county  or  city  to  cause  to  be  annually  levied, 
collected  and  paid  to  the  holders  of  such  bonds  a  special 
tax  on  all  taxable  property  within  said  county  or  city, 
sufficient  to  pay  the  annual  interest  as  the  same  be- 
comes due;  and,  when  the  principal  of  said  bonds  be- 
comes due,  such  officers  shall  in  like  manner  collect  an 
additional  amount  sufficient  to  pay  the  same  as  It  becomes 
due;  provided,  that  when  any  bonds  have  been  heretofore 
issued,  such  officers  shall  not  levy  or  collect  any  amount 
more  than  may  be  necessary  to  pay  the  amount  annually 
falling  due  by  the  condition  of  such  bonds  until  after 
the  year  1880;  provided,  that  not  more  than  10  per 
centum  of  the  principal  of  said  bonds  slwill  be  collected 
in  any  one  year,  excepting  where  bonds  have  been  here- 
tofore issued,  and  by  the  conditions  of  such  bonds  are 
required  to  be  paid  in  such  other  manner. 

Estoppel.  §  6.  Any  county  or  city  which  shall  have 
Issued  its  bonds,  in  pursuance  of  this  Act,  shall  be 
estopped  from  pleading  want  of  consideration  therefor, 
and  the   proper  officers  of  such  county   or   city  may  be 


compelled,   by   mandamus,   or   otherwise,   to   levy   the   tax 
herein   provided  to  pay  the  same. 

Bonds  heretofore  issued.  §  8.  All  bonds  heretofore  voted 
and  issued  by  any  county  or  city  in  this  State,  to  aid  in 
the  construction  of  any  railroad  or  other  work  of  in- 
ternal improvement,  are  hereby  declared  to  be  legal  and 
valid,  and  a  lien  upon  all  of  the  taxable  property  in  such 
county  or  city,  notwithstanding  any  defect  or  irregularity 
in  the  submission  of  the  question  to  a  vote  of  the  people, 
or  in  taking  the  vote  or  in  the  execution  of  such  bonds, 
and  notwithstanding  the  same  may  not  have  been  voted 
upon,  executed  or  issued  in  conformity  with  law,  and 
such  bonds  shall  have  -the  same  legal  validity  and  bind- 
ing force  as  if  they  had  been  legally  authorized,  voted 
upon  and  executed;  provided,  that  nothing  in  this  section 
nor  ill  this  Act  shall  be  so  construed  as  to  legalize  or 
in  any  way  sanction  any  vote  of  the  people  cf  Nemaha 
County,  heretofore  had,  for  the  purpose  of  aiding  in  the 
construction  of  any  railroad,  nor  anything  done  by  the 
county  commissioners  of  said  county  authorizing  said 
vote,  or  anything  done  by  them  in  consequence  of  such 
vote. 

Taxes  to  pay  prineipal.  §  9.  That  after  the  year  1880 
the  officers  of  any  county  or  city  may  levy  and  collect 
not  exceeding  10  per  centum  of  the  principal  of  said 
bonds;  provided,  said  bends  are  not  payable  in  install- 
ments not  exceeding  10  per  centum;  and  whenever  any 
county,  city  or  precinct  shall  have  on  hand  an  amount 
exceeding  $2,000,  for  the  payment  of  the  principal  of 
said  indebtedness,  the  corporate  authorities  of  such 
county  or  city  shall  advertise  for  the  surrender  of  any 
such  indebtedness,  and  the  person  offering  to  surrender 
such  indebtedness  on  the  lowest  and  best  terms  shall 
receive  the  money,  and  surrender  such  indebtedness,  and, 
if  at  any  time  there  shall  have  accumulated  a  sum  ex- 
ceeding $10,000,  the  same  may  be  invested  in  Nebraska 
State  stocks  or  in  United   States  stocks. 

Refunding  taxes.  §10.  All  taxes  which  have  been  paid 
to  raise  a  sinking  fund  to  pay  the  principal  of  such  in- 
debtedness, and  now  on  hand,  shall  be  returned  to  the 
person    paying   the    same. 

Railroad  bonds,  election.  §  17a.  Any  precinct,  town' 
ship,  city  of  the  second  class  or  village,  organized  accord- 
in?  to  law,  is  hereby  authorized  to  issue  bonds  in  aid 
of  the  construction  of  steam  railroads  or  railroads  using 
electricity  or  gasoline  as  motive  power,  of  standard  gauge, 
to  an  extent  not  exceeding  10  per  cent  cf  the  as- 
sessed value  of  the  taxable  property  at  the  last  assess- 
ment within  such  precinct,  township,  city  of  the  second 
class  or  village,  in  the  manner  hereinafter  directed,  viz.: 
First,  a  petition  signed  by  not  less  than  fifty  freeholders 
of  the  precinct,  township,  city  of  the  second  class  or 
village  shall  be  presented  to  the  county  commissioners, 
city  councils  of  cities  of  the  second  class  or  board  ol 
trustees  of  villages,  or  the  board  authorized  by  law  to 
conduct  the  business  within  which  such  precinct,  town- 
ship, city  cf  the  second  class  or  village  is  situated.  Such 
petition  shall  set  forth  the  nature  of  the  work  contem- 
plated, the  amount  of  bonds  sought  to  be  voted,  the  rate 
of  interest,  which  in  no  event  shall  exceed  6  per  cent 
per  annum,  the  length  of  time  said  bonds  shall  run, 
which  in  no  event  shall  be  less  than  10  years  and  no 
more  than  20  years  from  the  date  thereof,  and  the  said 
petitioners  shall  give  bond,  to  be  approved  by  the 
county  commissioners,  city  council  of  cities  of  the  second 
class  or  board  of  trustees  of  villages,  for  the  payment 
of  expenses  of  the  election,  in  the  event  that  the  propo- 
sition shall  fall  to  receive  two-thirds  majority  of  the 
votes  cast  at  said  election.  Second,  upon  the  reception 
of  such  petition,  the  county  commissioners,  city  council 
of  cities  of  the  second  class  or  board  of  trustees  of  vil- 
lages shall  give  notice  and  call  an  election  in  the  pre- 
cinct, township,  city  of  the  second  class  or  village,  as 
the  case  may  be.  Said  notice,  call  and  election  shall  be 
governed  by  the  laws  regulating  the  election  for  voting 
bonds  for  a  county. 

■      CHAPTER  50. 

LIQUORS. 

Liquors,  drunkards,  drinking  on  train.  §  38a.  It  shall 
be  unlawful  for  any  person  to  be  found  in  a  state  of 
Intoxication  or  to  drink  intoxicating  liquors  of  any  kind. 


842 


National  Association  of  Eailway  Commissioners 


as  a  beverage,  upon  any  railway  passenger  train,  coach, 
closet  or  vestibule  thereof,  or  platform  connected  there- 
with, while  said  passenger  train  or  coach  is  in  the  serv- 
ice of  passenger  transportation  within  this  State,  and 
all  conductors,  finding  any  person  in  a  state  of  intoxica- 
tion or  drinking  intoxicating  liquors  of  any  kind,  as  a 
beverage,  upon  said  train  or  trains,  are  hereby  authorized 
anci  empowered  to  remove  such  person  from  the  train, 
and,  if  any  person  found  drinking  intoxicating  liquors 
thereon  shall  not  desist  or  abstain  immediately  after 
being  advised  to  so  do  by  such  conductor,  then  such 
intoxicated  person  or  person  drinking  intoxicating  liquors 
of  any  kind  as  a  beverage  upon  said  train,  may  be  re- 
moved by  such  conductor  at  the  first  station  at  which  the 
train  may  stop,  having  a  depot  and  a  depot  platform; 
provided  that  such  removal  shall  not  take  place  in  the 
night  time,  unless  there  are  people  upon  said  platform 
in  whose  charge  such  person  so  removed  may  be  placed; 
and  if  the  person  removed  has  any  unused  portion  of 
hU  ticket  for  transportation,  the  conductor  so  removing 
him  from  said  train  shall  furnish  the  person  so  removed 
with  a  written  statement  showing  the  amount  of  such 
unused  transportation,  and  the  same  shall  entitle  the 
holder  to  a  refund,  from  the  railroad  company  Issuing 
the  same,  of  the  value  of  the  unused  transportation, 
which  shall  be  payable  at  any  station  of  the  company 
where  tickets  are  sold,  upon  demand  and  surrender  of 
the    conductor's    written    statement   aforesaid. 

Violation  of  Act — Penalty.  §  38b.  Any  person  found  in 
an  Intoxicated  condition  riding  upon  railroad  trains  In 
this  State,  or  found  drinking  intoxicating  liquors  of  any 
kind,  as  a  beverage,  after  first  having  been  ordered  to 
desist  therefrom  by  the  conductor,  while  on  such  train, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
fined  in  any  sum  not  exceeding  $10,  or  be  confined  in 
the  county  jail  of  the  county  in  which  said  offense  took 
place,  not  to  exceed  10  days,  or  shall  suffer  both  such 
fine   and   imprisonment  at  the   discretion   of   the   court. 

Notice,  posting.  §  38c.  It  is  hereby  made  the  duty  of 
any  and  all  railroad  companies  engaged  in  the  trans- 
portation of  passengers  between  places  within  the  State 
to  cause  to  be  posted  in  some  conspicuous  place  in  each 
and  every  passenger  coach,  sleeping  or  dining  car,  while 
transporting  passengers,  the  provisions  of  this  Act  in 
plain  legible  print. 

Enforcement  of  Act.  §  38d.  It  is  hereby  made  the  duty 
of  the  Nebraska  State  Railway  Commission  to  see  that 
the  provisions  of  this  Act  are  enforced. 

CHAPTER  54. 
mechanics'  and  laborers'  liens. 

ARTICLE  II. 
laborers'  lien. 

Liability  of  company — Notice  of  claim.  §  1.  That  when- 
ever any  laborer  upon  any  railroad,  canal,  viaduct, 
bridge,  ditch  or  other  similar  improvement  in  this  State 
shall  have  just  claim  or  demand  for  labor  performed  on 
any  such  railroad,  canal,  bridge,  ditch,  viaduct  or  other 
similar  improvement  against  any  person  or  persons  who 
are,  or  any  company  which  is,  a  contractor  on  such  rail- 
road, canal,  viaduct  or  bridge,  or  against  any  person  or 
persons  who  are  subcontractors  with  any  person  or  per- 
sons or  company  contracting  with  any  such  railroad, 
bridge,  viaduct  or  ditching  company  for  the  construction 
of  any  part  of  such  railroad,  bridge,  canal,  viaduct  or 
ditch  of  any  such  company,  every  such  railroad,  canal, 
bridge  or  ditch  company  shall  be  liable  to  pay  such 
laborer  the  amount  of  such  claim  or  demand  with  10 
per  cent  Interest  thereon;  provided  such  laborer  shall 
have  given  notice  within  60  days  after  the  last  item  of 
l.ibor  shall  have  been  performed  that  he  or  she  has  such 
claim  or  demand.  Such  notice  shall  be  given  in  writing 
and  shall  specify  the  peculiar  nature  and  amount  of 
the  claim  or  demand,  and  shall  be  delivered  to  the 
president  or  vice-president,  superintendent,  agent  or  the 
managing  director  or  chief  engineer,  of  any  such  com- 
pany, or  to  the  engineer  in  charge  of  that  portion  of  the 
work,  or  any  portion  of  the  railroad,  canal,  viaduct,  bridge 
or  ditch  upon  which  such  labor  is  performed. 

Lien.     §  2.     And   when  material   shall  have  been   fur- 


nifhed,  or  labor  performed  in  the  construction,  repair 
and  equipment  of  any  railroad,  canal,  bridge,  viaduct  or 
other  similar  improvement,  such  laborer  and  material 
man,  contractor  or  sub-contractor  shall  have  a  lien  there- 
for and  the  said  lien  therefor  shall  extend  and  attach 
to  the  erections,  excavations,  embankments,  bridges, 
roadbed  and  all  land  upon  which  the  same  may  be  sit- 
uated, including  the  rolling  stock  thereto  appertaining 
and  belonging,  all  of  which,  including  the  right  of  way, 
shall  constitute  the  excavation,  erection  or  improvement 
provided  for  and  mentioned  in  this  Act. 

Statement  of  claim — Filing — Continuance  of  lien.  ^  3. 
Every  person,  whether  contractor,  or  subcontractor,  or 
laborer  or  material  man,  who  wishes  to  avail  himself  of 
the  provisions  of  the  foregoing  section  shall  file  with  the 
clerk  of  the  county  in  which  the  building,  erection,  ex- 
cavation or  other  similar  improvement  to  be  charged 
with  the  lien  Is  situated,  a  just  and  true  statement  or 
account  of  the  demand  due  him  after  allowing  all  credits, 
setting  forth  the  time  when  such  material  was  furnished 
or  labor  performed,  and  when  completed,  and  containing 
a  correct  description  of  the  property  to  be  charged  with 
the  lien  and  verified  by  affidavit.  Such  verified  statement 
or  account  must  be  filed  by  a  principal  contractor  within 
90  days,  and  by  a  subcontractor  within  60  days,  from 
the  date  on  which  the  last  of  the  material  shall  ha.'e 
been  furnished,  or  the  last  of  the  labor  is  performed, 
but  a  failure  or  omission  to  file  the  same  within  tie 
periods  last  aforesaid  shall  not  defeat  the  lien,  except 
against  purchasers  or  Incumbrances  in  good  faith  witho  it 
notice,  whose  rights  accrued  after  the  30  or  90  daj  s, 
as  the  case  may  be,  and  before  any  claim  for  the  liin 
was  filed;  provided,  that  when  a  lien  is  claimed  upon  a 
railway,  the  subcontractor  shall  have  60  days  from  tlie 
last  day  of  the  month  In  which  said  labor  was  done  )r 
material  furnished  within  which  to  file  his  claim  theie- 
for;  and  provided,  further,  that  when  any  such  materi  il 
is  furnished  or  work  done  in  any  unorganized  coun  y 
in  this  State,  such  statement  of  the  demand  due,  ve:  1- 
fied  as  aforesaid,  may  be  filed  in  any  county  in  th  s 
State,  into  or  through  which  any  such  railroad  or  can  il 
may  run.  or  in  the  organized  counties  lying  next  neare  ;t 
east  of  the  county  where  said  work  was  done  or  materi  il 
furnished;  provided,  further,  that  such  lien  shall  contini  e 
for  the  period  of  two  years,  and  that  any  person  holdii  g 
such  lien  may  proceed  to  obtain  a  judgment  for  tl  e 
amount  of  his  account  thereon  by  civil  action,  and  wh(  n 
any  suit  or  suits  shall  be  commenced  on  such  accoun  s 
within  the  time  of  such  lien,  the  lien  shall  continue  unjilj 
.such  suit  or  suits  be  finally  determined  and  satisfied." 

CHAPTER  72. 

RAILROADS. 

ARTICLE  I. 

DUTIES   AND   LIABILITIES. 

Fencing— Cattle  guards.  §  1.  That  every  railroad  corpa  ^ 
ration  whose  lines  of  road  or  any  part  thereof  are  op<n' 
for  use  shall,  within  six  months  after  the  passage  "f 
this  Act,  and  every  railroad  company  formed  or  to  1  e 
formed,  but  whose  lines  are  not  now  open  for  use,  sha  1, 
within  six  months  after  the  lines  of  such  railroad  or  ary 
part  thereof  are  opened,  erect  and  thereafter  maintain 
fences  on  the  sides  of  their  'said  railroad,  or  the  pa  t 
thereof  so  open  for  use,  suitable  and  amply  sufficient  io 
prevent  cattle,  horses,  sheep  and  hogs  from  gettirg 
on  the  said  railroad,  except  at  the  crossings  of  publ  i- 
roads  and  highways,  and  within  the  limits  of  town  . 
cities  and  villages,  with  openings  or  gates  or  bars  at  all 
the  farm  crossings  of  such  railroad,  for  the  use  of  tie 
proprietors  of  the  lands  adjoining  such  railroad,  and  shall 
also  construct,  where  the  same  has  not  already  been  don  3, 
and  hereafter  maintain  at  all  road  crossings,  now  exist- 
ing or  hereafter  established,  cattle  guards  suitable  and 
sufficient  to  prevent  cattle,  horses,  sheep  and  hogs  from 
getting  on  to  such  railroad,  and,  so  long  as  such  fences 
and  cattle  guards  shall  [not]  be  made  after  the  tine 
hereinbefore  prescribed  for  making  the  same  shall  ha\e 
elapsed,  and  when  such  fences  and  guards,  or  any  part 
thereof,  are  not  in  sufficiently  good  repair  to  accomplish 
the  object  for  which  the  same  is  herein  prescribed,  is 
intended,   such  railroad  corporation  and  its  agents  shall 


Public  Servicb  Laws 


843 


1)0  liable  for  any  and  all  damages  which  shall  be  done 
by  the  agents,  engines  or  trains  of  any  such  corporation, 
or  by  the  locomotives,  engines  or  trains  of  any  other 
corporations,  permitted  and  running  over  or  upon  their 
said  railroad,  to  any  cattle,  horses,  sheep  or  hogs  thereon; 
and,  when  such  fences  and  guards  shall  have  been  fully 
and  duly  made,  and  shall  be  kept  in  good  and  sufficient 
repair,  such  railroad  corporation  shall  not  be  liable  for 
any  such  damages,  unless  negligently  or  wilfully  done. 

Liable  for  stock  killed  and  injured.  |  2.  Any  railroad 
company,  hereafter  running  or  operating  its  road  in  this 
State  and  failing  to  fence  on  both  sides  thereof  against 
all  live  stock  running  at  large  at  all  points,  shall  be 
absolutely  liable  to  the  owner  of  any  live  stock  injured, 
killed  or  destroyed  by  their  agents,  employes  or  engines, 
or  by  the  agents,  employes  or  engines  belonging  to  any 
otI;er  railroad  company,  running  over  and  upon  such 
road,  or  there  being;  provided,  that  in  case  the  railroad 
company  liable  under  the  provisions  of  this  section  shall 
neglect  or  refuse  to  pay  the  value  of  any  property  so  in- 
jured or  destroyed,  after  30  days'  notice  in  writing  given, 
accompanied  by  an  affidavit  of  the  injury  or  destruction 
of  said  property,  to  any  officer  of  the  company,  or  any 
station  agent,  or  ticket  agent  or  conductor  employed  in 
the  management  of  its  business,  in  the  county  where 
the  injury  complained  of  shall  have  been  committed,  such 
railroad  company,  their  agents  and  employes  shall,  in 
an  action  brought  to  recover  damages  therefor,  be  held 
and  they  are  hereby  declared  to  be  liable  to  pay  double 
the  value  of  the  property  so  injured,  killed  or  destroyed 
as  aforesaid. 

Damages  to  passengers.  S  3.  Every  railroad  company, 
as  aforesaid,  shall  be  liable  for  all  damages  inflicted 
upon  the  person  of  passengers  while  being  transported 
over  its  road,  except  in  cases  where  the  Injury  done 
arises  from  the  criminal  negligence  of  the  persofi  injured, 
or  when  the  injury  complained  of  shall  be  the  violation 
of  some  express  rule  or  regulation  of  said  road  actually 
brought  to  his  or  her  notice. 

Service  of  summons.  §  4.  Service  upon  railroad  com- 
panies may  be  made  as  upon  other  corporations,  or  by 
leaving  a  copy  of  the  summons  by  the  proper  officer, 
with  any  station  agent,  ticket  agent,  conductor  or  other 
officer  of  said  railroad  formed  within  the  limits  of  this 
State,  or  left  at  their  usual  place  of  business  within  said 
connty. 

Liability  as  common  carriers.  %  5.  No  notice,  either 
expressed  or  implied,  shall  be  held  to  limit  the  liabilities 
of  any  railroad  company  as  common  carriers,  unless 
they  shall  make  it  appear  that  such  limitation  was  ao 
tually  brought  to  the  knowledge  of  the  opposite  party 
and  assented  to  by  him  or  them,  in  express  terms,  be- 
fore  such    limitation    shall    take   effect. 

Transportation  to  shippers.  §  6.  That  every  person, 
company  or  corporation  owning,  managing  or  operating  a 
railroad  in  the  State  of  Nebraska,  and  engaged  in  the  ship- 
ment and  transportation  of  live  stock  in  carloads  from 
one  point  to  another  point  within  the  State  of  Nebraska, 
Is  hereby  required  to  furnish  transportation  to  the  owner, 
his  agent  or  employe  from  the  shipping  point  to  the  des- 
tination of  such  shipment  as  named  In  the  contract  or  bill 
of  lading,  on  the  same  train  with  his  said  live  stock,  and  to 
furnish  transportation  to  the  owner,  his  agent  or  employe 
back  to  the  point  or  place  from  which  the  shipment  was 
made,  without  further  expense  to  such  owner,  his  agent  or 
employe  for  said  transportation,  in  shipments  of  two  or 
more  cars,  and  shall  furnish  transportation  each  way  for 
two  men  accompanying  said  stock  in  shipments  of  six  or 
more  cars  of  live  stock  in  a  single  train,  but  if  the  ship- 
ment is  made  In  two  or  more  separate  trains  or  in  separate 
sections  of  the  same  train,  then  one  such  right  of  transpor- 
tation each  way  shall  be  given  to  such  owner,  his  agent  or 
employe  for  each  separate  train,  or  for  each  separate  sec- 
tion of  th«  same  train  In  which  such  shipment  is  made; 
provided,  that  all  railroad  companies  shall  furnish  trans- 
portation both  ways  to  the  actual  owner  In  charge  of  one 
carload  of  either  horses  or  mixed  stock;  provided,  further, 
that  no  one  but  the  actual  owner  shall  be  given  transporta- 
tion with  shipment  of  hogs. 

Violation  of  Act.  §  7.  Any  common  carrier  of  live  stock 
in  carload  lots  refusing  to  comply  with  or  violating  the  re- 


quirements of  the  foregoing  section  shall  be  liable  to  the 
shipper  of  such  live  stock  for  all  damages  sustained  by 
reason  of  such  refusal  or  violation,  including  the  cost  of 
transportation  of  the  shipper,  his  agent  or  employe,  to  and 
from  the  destination  of  such  live  stock,  together  with  the 
costs  of  suit  and  a  reasonable  attorney  fee  to  be  taxed  by 
the  court  trying  the  said  cause,  and  for  the  second  refusal 
to  comply  with  or  a  violation  of  the  said  requirements, 
the  common  carrier  shall  be  liable  to  the  shipper  as  a 
penalty  for  such  violation  in  a  sum  double  the  damages 
sustained  and  double  the  cost  of  such  transportation  to- 
gether with  the  costs  and  reasonable  attorney's  fee  to  be 
taxed  by  the  court  trying  the  cause,  and  for  a  third  refusal 
to  comply  with  or  a  violation  of  said  requirements,  as  a 
penalty  for  such  violation,  in  triple  damages,  triple  costs  of 
transportation,  besides  the  costs  including  a  reasonable 
attorney's  fee  to  be  taxed  by  the  court  trying  the  cause. 

Caboose  for  shippers.  §  8.  Every  individual  company 
or  corporation  owning,  managing  or  operating  or  who  may 
hereafter  own,  manage  or  operate  any  railroad  or  part  of 
a  railroad  in  this  State,  which  carries  passengers  or  whose 
duty  it  is  to  transport  live  stock  as  a  common  carrier,  is 
hereby  required  to  furnish  for  the  use  of  such  passenger, 
shipper  of  live  stock,  or  to  those  having  the  right  to  ac- 
company the  same,  a  caboose  or  other  suitable  car  for  the 
comfortable  transportation  of  such  passenger  or  shippers 
of  live  stock  and  which  caboose  or  car  on  all  such  trains 
shall  be  furnished  with  a  toilet  room  for  the  accommoda- 
tion of  such  passenger  or  shippers  of  live  stock.  It  Is 
futher  provided  that  when  cars  or  cabooses  on  which  such 
passengers  or  shippers  are  riding  shall  arrive  at  stations 
where  change  of  cars  is  necessary  it  shall  be  stopped  not 
more  than  one-half  mile  from  waiting  room  to  be  provided 
by  said  company,  and  it  shall  be  the  duty  of  the  conductor 
of  said  train,  or  other  employe  of  and  designated  by  the 
said  company,  to  show  said  passengers  where  waiting  room 
Is  located,  and  Instruct  them  to  remain  there  until  called 
for;  and  at  the  time  or  before  the  time  of  starting  of  the 
trains  carrying  said  passengers  it  shall  be  the  duty  of  an 
employe  of  the  railroad  company  to  call  at  said  waiting 
room  and  show  such  passengers  to  their  oaboose  or  car  on 
which  they  are  to  ride.  It  is  prot^ided  further  that  such  car 
shall  be  placed  within  one-half  mile  of  said  waiting  room. 

Violation  of  Act.  §  9.  Any  common  carrier  doing  busi- 
ness in  this  State  and  failing  or  refusing  to  comply  with 
the  requirements  of  the  foregoing  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  not  lesa  then  $10  for  each  day's  negligence  or  re- 
fusal to  comply  therewith,  and  all  moneys  so  collected  as 
fines  shall  be  paid  Into  the  public  school  funds  of  the  State. 

Stock  shipments — Rate  of  speed.  §  10.  It  is  hereby  de- 
clared and  made  the  duty  of  each  corporation.  Individual, 
or  association  of  individuals,  operating  any  railroad  as  a 
public  carrier  of  freight  in  the  State  of  Nebraska,  in  trans- 
porting live  stock  from  one  point  to  another  in  said  State 
in  carload  lots,  in  consideration  of  the  freight  charges  paid 
therefor,  to  run  their  train  conveying  the  same  at  a  rate  of 
speed  so  that  the  time  consumed  in  said  journey  from  the 
initial  point  of  receiving  said  stock  to  the  point  of  feeding 
or  destination  shall  not  exceed  one  hour  for  each  18  miles 
traveled,  including  the  time  of  stops  at  stations  or  other 
points;  provided,  in  cases  where  the  Initial  point  is  not  a 
division  station  and  on  all  branch  lines  not  exceeding  125 
miles  In  length,  the  rate  of  speed  shall  be  such  that  not 
more  than  one  hour  shall  be  consumed  in  traversing  each 
14  miles  of  the  distance.  Including  the  time  of  stops  at  sta- 
tions or  other  points,  from  the  initial  point  to  first  division 
station  or  over  said  branches.  The  time  consumed  In  pick- 
ing up  and  setting  out,  loading  or  unloading  stock  at  sta- 
tions shall  not  be  Included  in  the  time  required,  as  pro- 
vided in  this  schedule;  provided,  further,  that  upon  branch 
lines  not  exceeding  125  miles  in  length  live  stock  of  less 
than  six  cars  in  one  consignment,  each  railroad  company  In 
this  State  may  select  and  designate  three  days  in  each 
week  as  stock  shipping  days,  and  publish  and  make  public 
the  days  so  designated  and,  after  giving  10  days'  notice  of 
the  days  so  selected  and  designated,  shall  be  required  upon 
Us  branch  lines  to  conform  to  the  schedule  in  this  Act 
provided  only  upon  said  days  so  designated  as  stock 
shipping  days. 

Same — Damages.  §  11.  Any  Individual,  corporation  or 
association  of  individuals  violating  any  provisions  of  this 


844 


National  Association  of  Railway  Commissioners 


Act  shall  pay  to  the  owner  of  such  live  stock  the  sum  of 
|10  for  each  hour  for  each  car  it  extends  or  prolongs  the 
time  of  transportation  beyond  the  period  herein  limited,  as 
liquidated  damages  to  be  recovered  in  an  ordinary  action, 
as  other  debts  are  recovered. 

Track  scales.  §  12.  That  every  person,  firm  or  corpo- 
ration engaged  in  operating  any  railroad  within  the  State 
of  Nebraska,  over  which  coal  and  other  commodities  in 
carload  lots  shall  be  transported  for  hire,  shall  equip  the 
line  of  its  track  and  thereafter  maintain  thereon  in  good 
order  track  scales  of  sufScient  capacity  to  weigh  full  car- 
loads of  any  and  all  kind  of  merchandise,  coal,  grain  or 
other  property  that  may  be  transported  over  the  said  rail- 
road, and  to  weigh  the  same  at  the  request  of  any  owner, 
consignor  or  consignee  of  such  property  and  furnish  writ- 
ten certificates  of  such  weights  to  such  owner,  consignor 
and  consignee  as  hereinafter  provided. 

Same,  where  installed.     §  13.     Such  track  scales  shall  be 

*  so  installed  and  maintained  at  all  division  stations  along 

the  line  of  such  railroads  within  the   State  of  Nebraska, 

and  at  such  other  stations  as  the  State  railway  commission 

shall  from  time  to  time  direct. 

Weighing  certificate.  §  14.  The  owner,  consignor  or 
consignee  of  any  carload  lots  of  grain,  coal,  merchandise 
or  other  property  in  course  of  transportation  over  any  rail- 
road within  the  State,  transporting  the  "same  for  hire,  may 
request  in  writing  any  agent  of  the  operators  of  such  rail- 
way to  weigh  any  such  carloads  of  grain,  coal,  merchandise 
or  other  property  in  course  of  transportation  and,  upon 
such  request  being  received,  it  shall  become  the  duty  of 
the  operators  of  such  railroad  to  weigh  the  car  or  cars 
designated  in  such  written  request,  together  with  their 
contents,  upon  such  track  scale  as  may  be  designated  in 
such  written  request  over  which  such  car  or  cars  in  the 
regular  course  of  transit  will  thereafter  pass,  and  deliver 
to  the  person  making  such  request  a  written  certificate, 
showing  the  name  and  number  of  the  car  so  weighed,  the 
date  of  the  taking  of  such  weight  and  the  place  wherel 
weighed,  with  the  number  of  ix)unds  of  gross  and  net 
weights,  after  deducting  the  tare  marked  on  the  car  from 
such  gross  weight,  and  the  certificate  so  executed  and  de- 
livered shall  be  admissible  Evidence  against  such  railway 
company  in  any  legal  proceeding  thereafter  instituted  or 
then  pending  against  any  such  carrier  weighing  and  trans- 
porting the  property  contained  in  such  car  or  cars  of  all  of 
the  facts  stated  in  such  certificate. 

Same— Where  no  scales.  §  15.  Wherever  any  carload 
lot  of  merchandise,  coal,  grain  or  other  property  shall  be 
delivered  for  transportation  for  hire  to  any  carrier  by  rail- 
road within  this  State  consigned  to  any  person  at  a  station 
on  the  line  of  the  railroad  of  such  carrier,  or  upon  any 
other  railroad  within  this  State,  where  no  track  scale  is 
located  and  maintained,  and  such  car  in  the  course  of 
transit  will  not  pass  a  track  scale  on  the  line  of  such  con- 
necting carrier,  it  shall  immediately  become  the  duty  of  such 
initial  carrier  to  cause  the  same  to  be  weighed  in  the 
manner  required  by  the  third  section  of  this  Act  on  the 
track  scale  located  nearest  the  station  to  which  such  car  is 
consigned,  and  to  stamp  upon  the  waybill  tor  such  car  all 
of  the  matters  required  to  be  set  out  in  the  certificate  pro- 
vided for  in  the  third  section  of  this  Act;  but  where  coal, 
grain,  merchandise  or  other  property  in  carload  lots  is  con- 
signed to  stations  where  track  scales  are  located  and  the 
consignee  requests  the  same  weighed,  such  weights  shall 
be  taken,  both  gross  and  tare,  with  the  car  uncoupled,  on 
such  track  scales  at  the  point  of  destination. 

Violation  of  Act.  §  16.  Any  railroad  company  operating 
in  this  State  violating  any  of  the  provisions  of  this  Act,  by 
neglecting  or  refusing  to  furnish  weights  as  herein  pro- 
vided, shall  upon  conviction  thereof  be  fined  in  the  sum  of 
$100  for  each  and  every  violation,  to  be  recovered  by  the 
State  in  an  action  in  its  name  upon  complaint  of  any 
owner,  consignor  or  consignee  of  the  property  which  such 
carrier  may  refuse  to  weigh,  made  before  any  court  of  com- 
petent jurisdiction. 

Waiting  rooms — Water  closets.  §  17.  Every  railroad 
corporation  shall  keep  open  suitable  waiting  rooms  and 
provide  for  convenient  access  to  water  closets  for  the 
accommodation  of  the  passengers  and  the  shippers  of  live 
stock  at  all  passenger  depots  at  least  one-half  hour  before 
the  schedule  time  for  arrival  of  trains  and  until  the  depar- 


ture thereof;  and  all  such  waiting  rooms  shall  be  made 
comfortable,  and  properly  heated  and  lighted  when  neces- 
sary; and  all  such  water  closets  shall  be  kept  in  decent 
condition. 

Gasoline  motor  cars  —  Toilet  —  Smoking  room.  §  17a. 
That  each  and  every  railroad  company  operating  gasoline 
motor  cars  or  gasoline  trains  in  this  State  on  which  pas- 
sengers are  transported,  shall  on  and  after  January  1,  1910, 
cause  such  cars  to  be  equipped  with  separata  toilet  closets 
for  men  and  women  and  shall  also  maintain  a  smoking 
apartment;  either  as  a  separate  car  in  the  train  or  com- 
pletely partitioned  off  by  a  suitable  wall  and  tightly  closing 
door  and  suitably  furnished. 

Exceptions  to  Act.  §  17b.  The  State  railway  commis- 
sion shall  have  power  to  release  any  railway  company  from 
the  provisions  of  this  Act  on  new  roads  where  steam  pas- 
senger trains  have  not  been  regularly  run  until  such  time 
as  the  business  will  warrant  better  service,  also  on  parts 
of  roads  where  at  least  one  steam  passenger  train  is  run, 
which  makes  regular  stops  at  least  six  days  in  the  week; 
provided,  that  mixed  freight  and  passenger  trains  shall  not 
be  considered  passenger  trains. 

Violation  of  Act,  penalty.  §17c.  Each  and  every  rail- 
road company  so  operating  motor  cars  or  motor  trains  la 
this  State  neglecting  or  failing  to  comply  with  the  pro- 
visions of  §1,  or  2,  of  this  Act  shall  forfeit  to  the  State  of 
Nebraska  the  sum  of  $20  for  each  day  it  shall  fail  an  1 
neglect  to  equip  such  cars  or  trains  as  prescribed  in  sue  i 
sections.  Such  forfeiture  shall  be  recovered  as  other  pei  - 
alties  by  the  attorney-general  or  any  county  attorney  i;i 
any  court  of  competent  jurisdiction;  provided,  howevei , 
nothing  in  this  Act  shall  be  construed  to  apply  to  street 
railroad  companies  operating  their  cars  by  gasoline. 

Enforcement  of  Act.    §  17d.     The  State  railway  commii 
sion  is  hereby  empowered  to  enforce  the  provisions  of  thi  i 
Act. 

Trains  stop  at  depots.  §  18.  Every  railroad  corporatio  i 
shall  stop  local  passenger  trains  at  all  such  depots  for  th  ■ 
accommodation  of  the  traveling  public. 

Violation   of  Act.      §  19.     Any   railroad   corporation   o  • 
officer,  or  agent,  of  such  company,  who  violates  any  of  th  ■ 
provisions  of  this  Act,  or  who  fails  to  comply  with  the  pre 
visions  contained  herein  shall,  upon  conviction  forfeit  am 
pay  for  each  offense  not  less  than  $100  nor  more  than  $50C , 
Such  forfeitures  shall  be  paid  into  the  general  school  fun( 
of  the  county  wherein  such  forfeiture  is  imposed. 

Crossi?ig  other  railroads.     §  20.     All  railroad  trains  an  '. 
locomotives   without   trains   shall   come   to   a   full   stop   a 
least  200  feet  and  not  more  than  800  feet  from  the  crossin, 
of  the  other  railroads,   and  the  engineer  shall  sound  tw.  ■ 
long  blasts  of  the  whistle  before  starting  forward,  excep 
where  said  railroads  maintain  a  semaphore  and  gate  wit; 
torpedo   attachment,   and   when   the    signals   indicate    tU  i 
crossing  to  be  clear  no  stop  need  be  made.  ■§  i 

nights  at  crossings.     §21.     When  trains  or  locomotive  O 
without  trains  approach  a  crossing  simultaneously,  the  on  > 
on  the  older  road  shall  have  the  right  to  cross  first,  anil 
the  last  train  to  cross  shall  not  start  until  the  first  traiji 
has   cleared    the   crossing   and    the    signal    indicates    tha;,^ 
track  is  clear. 

Penalty.  §22.  Every  engineer  violating  the  provisions 
of  the  preceding  section  shall  for  each  offense  forfeit  $10( , 
to  be  recovered  in  the  name  of  the  State  of  Nebraska  fo ' 
the  benefit  of  the  school  fund;  and  the  person,  persons,  o- 
corporations  on  which  road  such  offense  is  committed  shall 
forfeit  for  each  offense  so  committed  the  sum  of  $200  to 
recovered  in  like  manner. 

Name  of  stations.  §  23.  All  railroad  companies  oper 
ing  lines  of  railway  in  this  State  shall,  on  a  petition  sign 
by  a  majority  of  the  legal  voters  of  such  city  or  village 
the  railroad  company,  call  any  station  located  in  any  c 
or  village  the  same  as  the  corporte  name  of  said  city' 
village,  and  the  name  thereof  shall  be  prominently  expos 
to  public  view. 

Same — Penalty.     §  24.     Any  railroad  company  failing' 
comply  with  the  provisions  of  this  Act  shall  be  guilty 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
a  sum  not  less  than  $100  nor  more  than  $500. 

Railroads — Passenger   crews.     §  24a.     That   it   shall 
unlawful  for  any   railroad  company  doing  business  in  tB 


Public  Service  Lam's 


845 


State  of  Nebraska,  to  operate  or  run  over  its  road  or  any 
part  thereof,  or  suffer  or  permit  to  be  run  over  its  road  or 
any  part  thereof,  outside  of  the  yard  limits,  any  passenger, 
mail  or  express  train  carrying  passengers  vkJliose  regular 
equipment  consists  of  more  than  five  cars,  with  a  crew, 
consisting  of  not  less  than  one  engineer,  one  fireman,  one 
conductor,  one  brakeman  and  one  flagman  and  further  pro- 
vided, that  passenger  trains  whose  regular  equipment  con- 
sists of  five  cars  or  less,  may  be  operated  with  a  crew  con- 
sisting of  one  engineer,  one  fireman,  one  conductor  and 
one  brakeman  or  flagman. 

Freight  crews.  §  24b.  That  it  shall  be  unlawful  lor  any 
railroad  company  doing  business  in  the  State  of  Nebraska, 
to  operate  or  run  over  its  road,  or  any  part  thereof,  or  to 
suffer  or  permit  to  be  operated  or  run  over  its  road,  or 
any  part  thereof,  outside  of  yard  limits  any  freight  train 
which  is  not  manned  with  a  crew  consisting  of  one 
engineer,  one  fireman,  one  conductor  and  two  brakemen; 
provided,  that  main  line  local  freight  trains  running  100 
miles  or  more  and  carrying  passengers,  local  merchandise 
and  doing  station  switching  shall  be  provided  with  a  crew 
consisting  of  one  conductor,  one  engineer,  one  fireman  and 
three  brakemen. 

Exceptions  to  Act.  §  24c.  Nothing  in  this  Act  shall  be 
held  as  applying  to  any  case  of  disaster  or  disability  of  any 
member  or  members  of  the  crew,  arising  while  out  on  the 
road  between  division  terminals,  or  to  relief  trains,  or  to 
wrecking  trains,  where  men  are  not  available. 

Violation  of  Act — Penalty.  §  24d.  That  the  officers  or 
agents  of  any  railroad  company  doing  business  in  the  State 
of  Nebraska  who  shall  send  out  on  its  road,  or  cause  or 
suffer  or  permit  to  be  sent  out  on  its  road  or  any  part 
thereof,  outside  of  the  yard  limits,  any  passenger  or  freight 
train  which  is  not  manned  in  accordance  with  the  pro- 
visions of  §  §  1,  2  and  3  of  this  Act  shall  be  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  not 
less  than  $100  nor  more  than  $1,000  for  each  offense  and 
shall  stand  committed  until  such  fine  and  costs  are  paid 
and  any  railroad  company  in  the  State  of  Nebraska  whose 
officer  or  officers,  agent  or  agents  or  any  servant  or  ver- 
vants,  shall  be  found  guilty  of  such  misdemeanor,  shall  be 
liable  for  any  damages  caused  by  the  violation  of  the  pro- 
visions of  this  Act. 

Enforcement  of  Act.  §  24e.  It  shall  be  the  duty  of  the 
railroad  commissioners  of  the  State  of  Nebraska  to  en- 
force the  provisions  of  this  Act,  and  all  powers  heretofore 
granted  to  said  commission  are  hereby  extended  to  it,  for 
the  purpose  of  the  enforcement  of  this  Act. 

Safety  couplers  or  drawbars  on  cars.  §  25.  That  on  and 
after  the  first  day  of  January,  189S,  it  shall  be  unlawful 
for  any  corporation,  company  or  person  operating  any  line 
of  railroad  in  this  State,  any  car  manufacturer  or  trans- 
portation company  using  or  leasing  cars  to  put  in  use  in 
this  State  any  car  or  cars  that  are  not  equipped  with 
safety  or  automatic  couplers  or  drawbars  such  as  shall  not 
necessitate  the  going  between  the  ends  of  such  cars  to 
couple  or  uncouple  them. 

Same.  §  26.  That  after  January  1,  1898,  it  shall  be  un- 
lawful for  any  corporation,  company  or  person  operating  a 
railroad,  or  any  transportation  company  using  or  leasing 
cars  of  any  description,  and  used  in  the  commerce  of  the 
country  or  in  the  construction  of  railroads,  to  have  upon 
any  railroad  in  Nebraska,  for  use  in  the  transportation  of 
freight  or  passengers,  any  car  that  is  not  equipped  with 
such  safety  automatic  couplers  as  provided  for  in  said  sec- 
tion 1. 

Drive  brake  on  engines.  §  27.  That  it  shall  be  unlawful 
for  any  corporation,  company  or  person  operating  any  line 
of  railroad  in  this  State,  to  use  any  locomotive  engine  upon 
any  railroad  or  in  any  railroad  yard  in  this  State,  after  the 
first  day  of  January,  1898,  that  is  not  equipped  with  a 
proper  and  efllcient  power  brake,  commonly  called  a  "drive 
brake." 

Brakes  on  ears.  §  28.  That  it  shall  be  unlawful  for  any 
corporation,  company  or  person,  operating  a  line  of  rail- 
road in  this  State,  to  run  any  train  of  cars  after  the  first 
of  January,  1898,  that  shall  not  have  in  that  train  a  suffi- 
cient number  of  cars  with  some  kind  of  efficient  automatic 
or  power  brakes,  so  that  the  engineer  upon  the  locomotive 
can  control  the  train  without  requiring  brakemen  to  go 
between  the  ends  or  on  top  of  the  cars  to  use,  as  now,  the 
common  hand  brakes. 


Report  of  brakes  and  couplers.  §  29.  Every  railroad 
corporation,  company  or  person  operating  a  railroad  in  this 
State,  and  every  person,  corporation  or  company  using  or 
leasing  cars  in  the  transportation  business,  or  in  building 
railroads,  shall,  and  are  by  this  Act  required  to  include  in 
their  annual  report  to  the  State  railroad  commissioners  the 
number  of  locomotive  engines  and  cars  used  in  this  State, 
and  what  number  is  equipped  with  automatic  power  brakes 
and  what  number  of  cars  equipped  with  automatic  safety 
couplers  and  the  kind  of  brakes  and  couplers  used  and  the 
number  of  each  kind  when  more  than  one  kind  is  used. 

Violations  of  Act— Penalty.  §  30.  Any  corporation,  com- 
pany or  person  operating  a  railroad  in  this  State,  and  using 
a  locomotive  engine,  or  running  a  train  of  cars,  or  using 
any  freight,  or  way,  car  contrary  to  the  provisions  of  this 
Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  a  fine  of  not  less  than  $500  or  not  more  than 
$1,000  for  each  and  every  offense  for  the  benefit  of  the 
school  fund:  provided,  that  penalties  and  liabilities  on  this 
section  shall  not  apply  to  companies  in  receiving  and  haul- 
ing cars  delivered  for  transportation  by  railroads  other 
than  those  of  this  State  which  are  engaged  in  interstate 
traflic.  And  any  railroad  employe  who  may  be  injured  by 
the  engine  or  train  of  cars  contrary  to  the  provisions  of 
this  law  shall  not  be  considered  as  waiving  his  rights  to 
recover  damages  by  continuing  in  the  employ  of  such  cor- 
poration, company  or  person  running  such  engine,  or  train 
of  cars  contrary  to  this  law. 

Transfer  facilities.  §  30a.  All  railroad  companies  in 
this  State,  at  all  points  of  connection,  intersection,  or  cross- 
ing at  grade  of  different  railroads,  where  it  is  practicable, 
shall  provide,  reasonable,  ample,  and  equal  facilities,  by 
track  connection,  passenger  platforms,  and  otherwise,  for 
transferring  cars,  passengers,  and  property  between  their 
respective  roads  without  unreasonable  delay;  and  at  any 
place  where  the  tracks  of  the  two  railroad  companies  are 
within  500  feet  apart,  whether  on  the  same  grade  or  not, 
where  it  is  practicable  and  deemed  reasonably  necessary! 
the  State  railway  commission,  upon  the  application  of  any 
interested  person,  may  require  such  track  connection.  All 
such  railroad  companies  shall  not  discriminate  in  their 
rates  or  charges  between  such  connecting  lines  or  on  freight 
coming  over  them;  but  no  such  company  shall  be  required 
to  furnish  to  another  railroad  company  its  tracks,  equip- 
ment, or  terminal  facilities  without  reasonable  compensa- 
tion. Each  of  said  connecting  lines  shall  pay  its  propor- 
tionate share  for  the  building  and  maintenance  of  such 
track  and  switches  as  may  be  necessary  to  furnish  the 
transfer  facilities  required  by  this  Act,  and  in  case  they 
cannot  agree  on  the  amount  which  each  line  shall  pay,  then 
said  amount  shall,  upon  application  of  either  party,  be  de- 
termined and  adjusted  by  the  State  railway  commission. 

Enforcement  of  Act.  §  30b.  The  State  railway  commis- 
sion is  hereby  empowered  and  required  to  investigate  all 
cases  arising  under  this  Act,  whether  upon  complaint  or 
otherwise,  and  to  make  such  ordeain  the  premises  as  shall 
seem  reasonable,  and  to  fix  a  time  for  compliance  with  said 
order. 

Violation  of  Act — Penalty.  §  30c.  Any  railroad  com- 
pany failing  or  neglecting  to  comply  with  said  order  within 
the  time  fixed  shall,  upon  conviction  thereof,  be  fined  in  any 
sum  not  less  than  $100  dollars  nor  more  than  $1,000. 

ItioM  of  w^.)/ — Mowing  by  company.  %  32.  That  the 
right-of-way  of  all  railroads  in  the  State  of  Nebraska  shall 
be  mowed  each  year  between  the  fifteenth  day  of  July  and 
the  fifteenth  day  of  August. 

Same  —  Omission  —  Mowing  by  adjacent  owner.  §33. 
That  if  any  railroad  company  or  corporation  owning  or 
operating  a  railroad  over  said  right-of-way  shall  neglect  or 
refuse  to  cause  their  right-of-way  to  be  mowed  as  provided 
in  the  foregoing  section  that  it  shall  be  the  duty  of  the 
overseer  of  highways  through  whose  district  the  said  right- 
of-way  is  located,  to  mow  or  destroy  or  cause  to  be  mowed 
or  destroyed  the  weeds  on  neglected  portions  of  railroad 
right-of-way,  and  he  may  charge  and  be  paid  from  the  gen- 
eral fund  of  the  county  $2  per  day  for  one  ma»  and  $1.50 
for  a  team,  and  $2  per  day  for  the  use  of  a  mowing  machine 
for  the  time  actually  spent  in  the  cutting  and  destroying  of 
weeds;  provided,  that  no  overseer  shall  destroy  the  weeds 
until  after  the  time  has  passed  in  which  the  railroad  com- 
pany is  required  to  destroy  said  weeds.  A  statement  of  all 
money  due  him  or  paid  to  assistants  for  carrying  out  the 


846 


National  Association  of  Eailavay  Commissioners 


provisions  of  this  Act  shall  be  made  by  the  overseer  to  the 
county  clerk,  giving  a  proper  description  of  said  right-of- 
way  whereon  weeds  were  destroyed  by  the  road  overseer 
or  his  assistants,  and  the  county  clerk  shall  include  such 
amounts  in  making  the  county  tax  list  as  assessment 
against  such  railroad  company  and  the  same  shall  be  col- 
lected in  the  same  manner  and  at  the  same  time  as  other 
taxes. 

Claims  against  common  carriers,  adjustment.  §  34.  That 
every  claim  for  loss  or  damage  to  property  in  any  manner, 
or  overcharge  for  freight,  for  which  any  common  carrier 
in  the  State  of  Nebraska  may  be  liable,  shall  be  adjusted 
and  paid  by  the  common  carrier  delivering  such  freight 
at  the  place  of  destination  within  60  days  in  cases  of  ship- 
ment or  shipments  wholly  within  the  State,  and  within 
90  days  in  cases  of  shipment  or  shipments  between  points 
without  and  points  within  this  State,  after  such  claim, 
stating  the  amount  and  nature  thereof  accompanied  by  the 
bill  of  lading  or  duplicate  bill  of  lading  or  shipping  re- 
ceipt showing  amount  paid  for  or  on  account  of  said  ship- 
ment which  shall  be  returned  to  the  complainant  when  the 
claim  is  rejected  or  the  time  limit  has  expired,  shall  have 
been  filed  with  the  agent,  of  the  common  carrier  at  the 
point  of  destination  of  such  shipment,  or  at  the  point 
where  damages  in  any  other  manner  may  be  caused  by  any 
common  carrier.  In  the  event  such  claim  shall  have  been 
filed  as  above  provided  within  90  days  from  the  date  of  the 
delivery  of  the  freight  in  regard  to  which  damages  are 
claimed  is  not  adjusted  and  paid  within  the  time  herein 
limited,  the  said  common  carrier  shall  be  liable  for  inter- 
est thereon  at  7  per  cent  per  annum  from  the  date  of  the 
filing  of  such  claim,  and  shall  also  be  liable  for  a  reason- 
able attorney's  fee  to  be  fixed  by  the  court,  all  to  be  recov- 
ered by  the  consignee  or  consignor  or  real  party  In  inter- 
est in  any  court  of  competent  jurisdiction;  provided,  that 
in  bringing  suit  for  the  recovery  of  any  claim  for  loss  or 
damage  as  herein  provided,  if  the  consignee  or  consignor 
or  real  party  in  interest  shall  fail  to  recover  a  judgment  in 
excess  of  the  amount  that  may  have  been  tendered  in  an 
offer  of  settlement  of  such  claim  by  the  common  carrier 
liable  hereunder  then  such  consignee  or  consignor  or  real 
party  in  interest  shall  not  recover  the  interest,  penalty  or 
attorney's  fees  herein  provided. 

Act  cumulative.  35.  Nothing  in  this  Act  shall  be  con- 
strued as  repealing  any  Act  or  part  of  Acts,  but  the 
remedies  herein  provided  shall  be  cumulative  to  all 
other  remedies   provided  by  law. 

ARTICLE  II. 

FOREIGN    COMPANIES. 

Act  cumulative.  §  35.  Nothing  in  this  Act  shall  be  con- 
pany  heretofore  organized  under  the  laws  of  the  States 
of  Kansas,  Missouri,  Iowa,  Minnesota  or  Territory  of 
Dakota,  or  any  company  so  organized  under  the  laws 
of  another  State  whose  road  may  extend  across  any  one 
or  part  of  any  one  of  these  States  or  said  Territory  is 
hereby  authorized  to  extend  and  build  its  road  into  the 
State  of  Nebraska.  And  such  railroad  company  shall 
hnv€  and  possess  all  the  powers,  franchises  and  privi- 
leges, and  be  subject  to  the  same  liabilities  of  railroad 
companies  organized  and  incorporated  under  the  laws  of 
this  State;  provided,  such  non-resident  company  shall 
first  file  a  true  copy  of  Its  articles  of  incorporation  with 
the  secretary  of  this  State,  and  shall  comply  with  the 
lav.s  of  the  State  of  Nebraska,  as  to  filing  and  recording 
articles  of  incorporation,  and  in  all  things  required  by 
law  relating  to  railroads,  and  otherwise  in  this  State, 
and  such  non-resident  railroad  company  shall  keep  an 
ofl5ce  in  this  State  in  some  county  in  which  it  road  is, 
or  is  proposed  to  be,  and  shall  be  liable  to  civil  process, 
to  be  sued  and  to  sue,  as  provided  by  law. 

May  mortgage,  lease  or  sell  property  in  Nebraska.  §  2. 
That  it  shall  be  competent  and  lawful  for  any  railroad 
company,  heretofore  Incorporated  or  organized,  or  which 
mny  be  hereafter  incorporated  or  organized  under  the 
laws  of  an  adjoining  State,  and  which  shall  have  extended 
Its  railroad  into  this  State  or  have  become  a  corporation 
of  this  State,  under  the  laws  thereof,  to  mortgage,  lease 
or  sell  that  part  of  its  railroad,  and  the  property,  rights, 
privileges  and  franchises  connected  therewith,  situated  in 
this  State,  to  any  railroad  In  this  State,  and  the  rail- 
road company  making  such  purchase  shall  thereupon  be- 


come vested  with  all  the  property,  rights,  privileges  and 
franchises  of  the  company  making  such  sale,  and  per- 
taining to  the  said  railroad  so  sold,  and  shall  be  au- 
thorized to  locate,  construct  and  complete,  maintain 
and  operate  the  railroad  thus  purchased,  and  may  receive, 
hold  and  convey  all  municipal  aid,  endowments  and 
property  of  any  kind  whatsoever,  upon  complying  with 
the  terms  and  conditions  upon  which  the  same  were  to 
be  had,  as  fully  and  to  the  same  extent  as  the  railroad 
company  making  such  sale  could  have  done  had  no  such 
sale   been    made. 

Rights  of  purchasers.  §  3.  Any  railroad  company  here- 
tofore incorporated  or  organized,  or  which  may  be 
heieafter  incorporated  or  organized  under  the  laws  of  an 
adjoining  State,  and  which  shall  have  extended  its  rail- 
road into  this  State,  or  under  the  laws  of  this  State, 
shall  have  become  incorporated  and  authorized  to  con- 
struct and  maintain  a  railroad  within  this  State,  may 
mortgage  or  lease,  sell  or  convey  the  whole  or  any  part 
of  its  railroad,  situate  within  the  State,  and  the  rights, 
privileges  and  franchises  connected  therewith,  and  otlier 
property  pertaining  thereto,  to  any  person  or  persons 
on  such  terms  and  conditions  as  may  be  agreed  upan, 
and  the  person  or  persons  making  such  purchase,  and 
their  associates,,  may  become  a  body  corporate  under 
the  laws  of  this  State,  in  the  manner  prescribed  for  Ihe 
creation  and  organization  of  railroad  companies  in  t  lis 
State;  and  on  the  organization  of  such  corporation,  it 
may  take,  receive  and  hold  the  railrOad  and  property  so 
purchased  by  said  corporators,  and  shall  have,  poss(  ss 
and  enjoy  the  same,  and  all  the  rights,  privileges,  fn  n- 
chises  connected  therewith  and  held  and  possessed  by 
the  company  making  such  sale,  and  shall  also  have  ill 
the  rights,  privileges  and  franchises  of  railroad  cob- 
panies  organized  under  the  laws  of  this  State,  with  f  ill 
power  and  authority  to  construct,  complete,  maintain  a  id 
operate  the  railroad  thus  purchased,  receive,  hold  a  id 
dispose  of  all  endowment,  grants  of  land,  municipal  or 
individual  aid  granted  to  said  company  making  su  !h 
sale,  or  to  which  said  company  was  or  might  have  1  e- 
come  entitled,  upon  compliance  with  the  terms  and  c(  n- 
ditions  upon  which  such  endowments,  grants,  donatio  is 
or  aid  were  to  be  had;  and  the  railroad  company  io 
organized  may,  under  the  laws  of  this  State,  consolidate 
its  stock  and  property  with  any  other  railroad  compa  ly 
upon  such  terms  and  conditions  as  may  be  agreed  upo  i; 
provided,  however,  that  no  sale  or  purchase  shall  be  ma  le 
of  railroads  situated  within  this  State,  of  compani  !s 
without  this  State,  or  consolidations  effected  as  pi  o- 
vided  in  this  Act,  until  the  terms  of  such  sale  or  cc  n- 
solidation  shall  have  been  approved  by  a  majority  of  t  e 
stockholders  in  interest,  in  person  or  by  proxy,  at  t  le 
annual  or  special  meeting,  of  which  due  notice  shall  le 
ghen  by  publication,  or  in  writing  to  all  the  stockholde 's 
in  interest,  or  the  same  be  approved  by  the  writt  n 
consent  of  a  majority  of  the  stockholders  in  intere;  t, 
filed  in  the  office  of  said  respective  companies. 

Contracts  binding  on  assignees,  etc.  §  4.  That  all  c(  n- 
tracts  and  agreements  made  by  any  railroad  company 
prior  to  such  transfer,  lease,  consolidation  or  mortga  ;e 
shall  be  binding  on  the  assignees,  lessees  or  mortgagees  3f 
such  company,  and  that  the  rights  of  any  stockholdei  s, 
or  parties  entitled  to  stock  therein,  shall  in  no  way  '  )e 
impaired  by  such  transfer,  lease,  consolidation  or  mo  t- 
gage. 

Purchasers  to  keep  road  in  pood  running  order.  §  5. 
When  any  company  or  persons  shall  have  purchased  any 
railroad,  or  two  or  more  railroads  are  consolidated,  is 
contemplated  by  the  provisions  of  this  Act,  such  com- 
panies or  persons  so  purchasing  shall  keep  each  and 
every  railroad  line  that  may  come  in  their  possessiim 
by  such  purchases  in  good  running  order,  with  sufflcieit 
rolling  stock,  to  transport  the  freight  and  passengeis. 
They  shall  not  discriminate  against  the  business  wl:h 
either  or  any  of  said  railroad  lines,  either  directly  ar 
indirectly,  by  the  detention  of  freights  or  passengeis, 
or  charging  more  for  freight  or  passage  than  is  chargodi 
in  proportion  upon  any  other  railroad  line  under 
control  of  said  company  or  persons. 

Legalizing  provision.     §  6.    That  any  railroad  company^ 
which  has  been  organized  under  the  laws  of  the  States  of 
Iowa,    Kansas    or    Missouri,    and    which    has    heretofore 


rgodai 


Public  Service  Laws 


847 


extended  its  line  of  railroad  into  this  State,  or  built 
any  portion  of  its  line  of  road  in  this  State,  and  has 
filed  a  true  copy  of  its  original  articles  of  incorporation 
in  the  office  of  the  secretary  of  State  of  this  State,  is, 
from  the  time  of  filing  said  copy  of  its  original  articles 
of  incorporation,  as  aforesaid,  hereby  declared  to  be  a 
legal  corporation  of  this  State,  and  entitled  to  all  the 
rii-.hts,  privileges  and  franchises  of  railroad  companies  or- 
ganized under  and  pursuant  to  the  laws  of  the  State  cf 
Nebraska. 

ARTICLE  III. 

HOCUS    SURVEYS. 

Plat  of  survey.  §  1.  No  proposition  shall  be  submitted 
(o  the  electors  of  any  county  in  this  State  for  donations 
of  bonds  or  any  other  valuables,  to  any  railroad  cor- 
poration, unless  said  railroad  corporation,  through  its 
authorized  and  responsible  agent,  file  for  record  in  the 
county  clerk's  office,  where  such  donations  of  bonds  or 
any  other  valuables  are  to  be  voted  upon,  a  plat  of  the 
survey  showing  their  esxact  line  of  route  through  said 
county,  within  at  least  two  weeks  previous  to  such  an 
election;  and  no  bonds,  and  so  forth,  shall  be  valid  in 
case  they  are  voted,  unless  said  railroad  corporation 
build  their  line  of  road  within  40  rods  cf  their  survey, 
as  filed  in  the  county  clerk's  office. 

ARTICLE  IV. 

SALES  IN  CERTAIX  CASES. 

Continuous  litie.  §  1.  Every  railroad  company  orga- 
nized under  the  laws  of  this  State,  whose  railroad  or 
railroads  constructed  or  to  be  constructed  within  this 
State  shall  be  so  situated  with  reference  to  any  railroad 
constructed  or  to  be  constructed  through  any  adjoining 
State  or  Territory  by  any  railroad  company  organized 
or  existing  under  the  laws  of  the  United  States,  or  any 
State  or  Territory,  that  the  same  may  be  so  connected 
at  the  boundary  line  of  this  State,  or  at  any  point 
within  this  State,  by  bridge,  ferry  or  otherwise,  as  to 
practically  form  a  continuous  line  of  railway  over  which 
cars  may  pass,  is  hereby  authorized  to  purchase  such 
connecting  railway,  or  to  sell  the  same  to  the  railroad 
company  constructing,  owning  or  operating  the  said 
railroad  through  said  adjoining  State  or  Territory,  as 
aforesaid,  to  said  point  of  connection.  And  any  such 
foreign  railroad  company,  jiurchasing  under  the  pro- 
visions hereof,  any  such  connecting  railroad  within 
this  State,  may  manage  the  same  by  its  board  of  di- 
rectors and  officers,  and  may  operate  the  same,  and  may 
Issue  thereon  its  stock  and  bonds  to  the  same  extent 
and  in  the  same  manner  as  authorized  by  the  laws  of 
this  State,  and  the  said  company  shall  file  for  record 
in  the  office  of  the  secretary  of  State  of  this  State  a  true 
copy  of  its  articles  of  incorporation,  and  the  said  com- 
pany shall  thereafter  possess,  exercise  and  enjoy,  within 
this  State,  as  to  the  control,  management  and  operation 
of  the  said  road,  and  as  to  the  location,  construction  and 
operation  of  any  extension  of  its  said  railroad  or  any 
connecting  railroad  or  feeders  within  this  State  all  the 
rights,  powers,  privileges  and  immunities,  including  the 
powers  of  eminent  domain  possessed  by  other  railroad 
corporations  of  this  State,  and  shall  be  liable  to  all 
th€  restrictions  imposed  by  the  general  laws  of  this 
State  upon  the  railroad  corporations  of  this  State.  The 
purchase  of  any  such  railroad  shall  be  subject  to  any 
and  all  laws,  incumbrance  or  indebtedness  existing 
against  the  railroad  company  from  which  such  road  may 
be  so  purchased;  provided,  however,  that  nothing  herein 
contained  shall  be  construed  as  authorizing  the  purchase 
by  any  railroad  company  under  the  provisions  of  this 
Act  of  any  parallel  and  comqpting  line  of  pailroad  wthin 
the  State. 

Effect  of  Act.  §  2.  Said  corporation  shall  be  subject  to 
the  laws  of  this  State  as  to  that  portion  of  the  road 
purchased,  built  and  operated  in  this  State  the  same  as 
if  organized  under  the  laws  of  this  State. 

Purchase,  lease,  sale,  etc.  §  3.  Any  railroad  company 
organized  under  the  laws  of  this  State  may  buy  or 
lease  the  whole  or  any  part  of  the  railroad  or  branches, 
constructed  or  to  be  constructed,  together  with  all  the 
property,  rights,  privileges  and  franchises  thereto  per- 
taining,   of   any    railroad    company   organized    under    the 


laws  of  any  other  State  or  Territory,  and  may  aid  such 
company  In  the  construction  of  its  road  by  the  purchase 
of    its    stock    and    bOhds,   or    by    guaranteeing    its    bonds 
or   otherwise;    and    any    railroad    company   of   this    State 
may  sell  or  lease  the  whole  or  any  part  of  its  railroad 
and    branches,    constructed    and    to    be    constructed,    to- 
gether   with    all    property,    rights,    privileges,"  and    fran- 
chises  thereto   pertaining,   to   any   railroad   company   or- 
ganized  or   existing   under   the   laws   of   any   other   State 
or    Territory,    and    any    such    foreign    company    may    aid 
any    railroad   company   in   this   State   in   the   construction 
of   its   road   and   branches,   by  purchase  of  its   stock  and 
bonds,  or  by  guaranteeing  its  bonds,  or  otherwise,  when- 
ever  the   roads   of   the   respective   companies    (parties   to 
such    agreement    to    aid,    or    to    such    purchase,    sale    or 
lease),    constructed    or   to   be    constructed,    shall,   or   will 
when   constructed,   so   connect   by   bridge,   ferry,   railroad, 
or    otherwise,    as    to    practically    form,    in    the    operation 
thereof,     a    continuous    line    or    lines    of    railroad    over 
which  cars  may  pass.     The  railroad  company  of  another 
State   or   Territory,   which   shall   so   purchase   or   lease   a 
railroad    or    railroads,    in    this    State,    shall    possess,    and 
may    exercise    and    enjoy    within    this    State,    as    to    the 
control,    management,    and    operation    of    the    said    road, 
and  as  to  the  location,  construction,  and  operation  of  any 
extension    or    branches    thereof,    all    the    rights,    powers, 
privileges    and    franchises    possessed    by    railroad    corpo- 
rations of  this  State.     Such  purchase,  sale  or  lease  may 
be    made,    or   such    aid    furnished,   upon   such   terms   and 
conditions   as   shall   be   agreed   upon   by   the   directors   of 
the  respective  companies,  but  the  same  shall  be  approved 
or     ratified     by     persons     holding    or     representing    two- 
thirds    in    amount   of   the    capital   stock    of   each   of  said 
companies  respectively,  at  an  annual  stockholders'  meet- 
ing,  or  at   a  special  meeting  of  the  stockholders  called 
for    that  purpose,   or  by   the  approval  in  writing  of  two- 
thirds   in    interest   of   the   stockholders   of  each   company 
respectively;     provided,    that    nothing    in    the    foregoing 
provisions    shall    be   held   or   construed   as   curtailing   the 
right    of    this    State,    or    of    the    counties    in    this    State, 
through  which  any  such  road  or  roads  may  be  located, 
to  levy  and  collect  taxes  upon  the  same,  and  the  rolling 
stock  thereof,  pro  rata,  in  conformity  witL  the  provisions 
of   the   laws   of   this    State   upon   that   subject,    and    the 
road    or    roads    in    this    State    so    purchased,    leased,    or 
aided,    shall    be    subject    to    taxation    and    to    regulation 
and  control  by  the  laws  of  this  State  in  all  respects  the 
same   as   if   such   purchase,   sale   or  lease   had   not  taken 
place;    provided,    further,   however,   that   before   any   rail- 
road   corporation    of   any    other    State   or   Territory   shall 
be   permitted   to   avail   itself  of   the   benefits   of  this   Act, 
such    corporation    shall    file    with    the    secretary    of  ^his 
State  a  true  copy  of  its  charter  or  articles  of  incorpora- 
tion,   together    with    a    certified    copy   of   a   resolution    of 
its    board    of    directors    or    stockholders,    duly    adopted, 
authorizing    service    of    process    to    be    made    upon    its 
officers   or   agents   in   this    State    engaged    in   transacting 
its  business,  in  the  same  manner  as  may  be  provided  by 
law  for  the  service  of  process  upon  railroad  corporations 
of  this  State. 

Prior  sales,  etc.  §  4.  Any  sale,  by  consolidation  or 
otherwise,  or  any  lease,  or  any  agreement  to  sell  or 
lease  the  whole,  or  any  part  of  a  railroad  or  its 
branches  in  this  State,  with  the  franchises  appertaining 
thereto,  to  any  railroad  company  organized  and  existing 
under  the  laws  of  this  or  any  other  S'ate  or  States,  or 
any  consolidation  between  such  company  of  another 
State,  and  a  coi'porat'on  of  this  State,  heretofore  exe- 
cuted by  the  proper  officers  of  the  companies,  parties  to 
such  sale  or  lease,  consolidation  or  contract,  may  be 
ratified  and  made  in  all  respects  valid  and  binding  by 
the  assent  of  the  owners  of  two-thirds  of  the  stock  in 
each  of  such  companies,  to  be  expressed  in  the  manner 
provided  in  §  1  of  this  Act.  Upon  such  ratification  by 
stockholders  such  lease  or  sale  or  consolidation  or  agree- 
ment to  sell  or  lease,  heretofore  executed  shall  become 
in  all  respects  valid  and  binding  from  the  date  of  its  exe- 
cution. 

ARTICLE  V. 

BATES   AND  UNJUST  DISCRIMINATIONS. 

Egual  facilities — Grain  elevators- — Produce ^  Shippers. 
5  1.  Every  railroad  corporation  shall  give  to  ail  persons 
and    associations    reasonable    and    equal    terms    for    the 


848 


National  Association  of  Railway  Commissioners 


1 


transportation  ot  any  merchandise  or  otlier  property 
of  every  Icind  and  description,  upon  any  railroad  owned 
or  operated  by  such  corporations  •  within  the  State, 
and  for  terminal  handling  the  use  of  the  depot  and  other 
buildings  and  grounds  of  such  corforations,  and  at  any 
point  where  its  railroad  shall  connect  with  any  other  rail- 
road, reasonable  and  equal  terms  and  facilities  ot  inter- 
change and  shall  promptly  forward  merchandise  consigned 
or  directed  to  be  sent  over  another  road  connecting  with 
its  road,  according  to  the  directions  therein  or  accompany- 
ing the  same;  and  every  railroad  company  or  corporation 
operating  a  railroad  in  the  State  of  Nebraska  shall  afford 
equal  facilities  to  all  persons  or  associations  who  desire  to 
erect  or  operate,  or  who  are  engaged  in  operating  grain 
elevators,  or  in  handling  or  shipping  grain  at  or  contigu- 
ous to  any  station  of  its  road,  and  where  an  application 
has  been  made  in  writing  for  the  location  or  site  for 
the  building  or  construction  of  an  elevator  or  elevators 
on  the  railroad  right-of-way  and  the  same  not  having 
been  granted  within  a  limit  of  60  days,  the  said  railroad 
company  to  whom  application  has  been  madjl;,  shall 
erect,  equip  and  maintain  a  sidetrack  or  switch  ot  suit- 
able length  to  approach  as  near  as  four  feet  of  the  outer 
edge  of  their  right-of-way  when  necessary  and  in  all 
cases  to  approach  as  near  as  necessary  to  approach 
an  elevator  that  may  be  erected  by  the  applicant  ;c«r 
applicants  adjacent  to  their  right  of  way  for  the  purpose 
of  loading  grain  into  cars  from  said  elevator,  and  for 
handling  and  shipping  grain  to  all  persons  or  associa- 
tions so  erecting  or  operating  such  elevators,  or  handling 
and  shipping  grain,  without  favoritism  or  discrimination 
In  any  respect  whatever;  provided,  however,  that  any 
elevator  hereafter  constructed.  In  order  to  receive  the  bene- 
fits of  this  Act  must  -have  a  capacity  ot  not  less  than 
15,000  bushels.  And  such  railroad  company  shall  supply 
cars  to  individuals  shipping  their  own  grain  on  equality 
with  persons,  associations  or  corporations  owning,  oper- 
ating or  controlling  such  elevators  or  engaged  in  busi- 
ness of  buying  and  shipping  by  loading  directly  onto  the 
cars;  provided,  that  if,  after  such  applicant  shall  have 
made  the  request  or  demand  as  provided  in  this  Act,  such 
railroad  company  shall  fail,  refuse  or  neglect  to  comply 
therewith  within  the  time  limited  herein,  said  applicant 
may  file  his  petition  in  the  District  Court  of  the  proper 
county  setting  up  his  compliance  with  the  terms  and  re- 
quirements of  this  Act,  that  he  is  ready,  willing  and  able 
to  comply  with  the  pi-ovisions  and  requirements  of  this 
Act,  the  probable  cost  and  expense  of  laying  such  track 
[k],'  that  he  is  ready  upon  decree  of  the  court,  to  deposit 
the  reasonable  expense  of  building  such  track  with  the 
clerk  of  the  District  Court  subject  to  the  demand  of  such 
railrold  company  upon  the  completion  of  said  track  as 
prayed  for,  and  the  clerk  of  said  court  shall  issue  sum- 
mons as  in  other  civil  actions  in  the  District  Court 
which  shall  be  served  by  the  sheriff  of  said  county  in 
the  same  way  as  other  summons  are  now  served  in 
said  court,  and  the  issues  shall  be  made  up  in  the  same 
way  as  other  issues  are  made  up  in  civil  actions  in 
equity,  and  if  upon  the  trial  thereof  such  applicant  has 
Bustained  the  allegations  of  his  pleadings  by  preponder- 
ance of  competent  proof,  said  court  shall  make  and 
enter  a  decree  requiring  said  railroad  company  or  com- 
mon carrier  to  comply  with  the  provisions  of  this  Act. 

Violation  of  Act — Penalty.  §  1.  Any  railroad  company 
or  common  carrier  failing  to  comply  with  this  Act  in  the 
above  sections  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  in  any  court  of  competent  jurisdic- 
tion shall  be  subject  to  a  fine  of  not  less  than  $1,000 
nor  more  than  $5,000  for  each  such  offense,  and  shall 
be  liable  to  such  applicant  for  all  damage  he  may  sus- 
tain for  the  failure  to  comply  herewith. 

Application  for  cars.  §  la.  All  shippers  of  grain,  live 
stock  and  all  other  freight  in  carload  lots,  whether  as  In- 
dividuals shipping  their  own  grain,  freight,  or  as  persons. 
Arms,  corporations  or  associations  engaged  in  the  general 
business  of  buying  and  shipping  as  aforesaid,  shall  enter 
written  application  for  cars  in  a  book  kept  for  that  pur- 
pose subject  to  public  inspection  by  the  station  agent  near- 
est to  point  at  which  cars  are  wanted  or  any  other  per- 
son in  charge  of  the  railroad  company's  business  at  a  ship- 
ping point,  stating  the  number  of  cars  desired,  when  de- 
sired, and  for  what  class  of  freight  cars  are  to  be  used, 
and  at  what  point  ot  the  railroad  line  such  cars  are  wanted, 


the  same  being  some  place  at  which  the  railroad  company 
usually  leaves  cars  to  be  loaded  and  unloaded,  and  also  the 
destination  ot  such  cars  who  shall  keep  a  book  for  said 
purpose  open  for  the  inspection  of  the  public. 

Cars  supplied.  §  lb.  It  shall  be  the  duty  of  the  rail- 
road company  to  supply  all  the  cars  so  applied  for  at  such 
station  or  point  on  the  line  within  a  reasonable  time,  it 
however,  there  be  such  an  unusual  demand  for  cars  that 
the  railroad  company  cannot  fill  all  applications  within  a 
reasonable  time,  it  shall  proportion  the  number  of  cars  to 
each  shipping  point  as  nearly  as  it  possibly  can  be  done 
according  to  the  amount  of  grain  ready  to  be  shipped  from 
such  points,  without  favoritism  or  to  the  prejudice  of  any 
town  or  shipping  point. 

Same,  proportionately.  §  Ic.  Whenever  there  shall  be 
such  an  unusual  demand  for  cars  that  it  shall  be  impossi- 
ble for  the  railroad  company  to  supply  the  same  it  shall 
fill  all  applications  for  cars  proportioned  to  any  given  ship- 
ping point  in  the  order  requested;  provided,  tliat  individ- 
uals shipping  their  own  grain  or  freight,  and  persons,  cor- 
porations or  associations  owning,  operating  or  controlling  . 
elevators  or  engaged  in  a  general  grain  and  shipping  busi- 
ness, shall  be  entitled  to  cars  proportioned  according  to  the 
amount  of  grain  each  applicant  has  ready  for  immediate 
shipment  at  time  of  application. 

Evasion  of  Act.  §  Id.  It  shall  be  unlawful  for  any  indi- 
vidual, person  or  agent,  manager,  officer,  or  any  other  pe  •- 
son  for  and  on  behalf  of  any  corporation,  association,  cr 
firm  engaged  in  a  general  grain  and  shipping  business  to 
make  application  for  cars  in  their  own  name  or  a  fictitiois 
name  or  in  the  name  of  some  other  person,  individual  c  r 
corporation  or  association  or  by  assignment  of  their  rigl  t 
of  order  of  precedence  or  in  any  manner  or  through  an  v 
subterfuge  for  the  purpose  and  with  the  intent  to  give  1 1 
persons,  individuals,  corporations,  or  associations  or  flrn  , 
any  more  than  its  due  number  of  cars  as  herein  provide(  , 
and  shall  be  liable  for  such  offense  to  a  penalty  of  not  let  s 
than  $50  nor  more  than  $500  which  may  be  recovered  b  ■ 
the  party  aggrieved,  in  any  county  by  an  action  in  the  Di  - 
trict  Court  where  such  railroad  company  or  corporatio  i 
is  doing  business. 

Violation  af  Act.  §  le.  Any  railroad  company,  officer  t  r 
agent  thereof  who  wilfully  violates  or  evades  any  of  th  ; 
provisions  ot  this  Act,  shall  be  liable  to  the  party  injure  1 
for  all  damages  sustained  by  reason  of  such  violation,  an  1 
in  addition  thereto,  shall  be  liable  for  each  offense  to  t 
penalty  of  $500,  which  may  be  recovered  by  the  count  • 
attorney  in  an  action  brought  in  the  name  ot  the  State  (  f 
Nebraska  in  any  county  by  an  action  in  the  District  Coui  t 
where  such  railroad  company  or  corporation  is  doing  bus  - 
ness. 

Grain  shipments,  discriminations.  §  It.  That  every  ra;  i- 
road  corporation  and  common  carrier  chartered  by  an  1 
organized  under  the  laws  of  this  State  or  d.olng  busines  3 
within  the  limits  ot  the  same,  when  desired  by  any  persoi  , 
wishing  to  ship  any  grain  over  its  road  shall  furnish  C£  r 
or  cars  in  good  condition  to  receive  the  same,  and  sha  I 
receive  and  transport  the  same  without  distinction,  discrir  - 
ination  or  favor  between  one  shipper  and  another  and  witi- 
out  distinction  or  discrimination  as  to  the  manner  in  which 
such  grain  is  offered  to  it  for  transportation  or  as  to  tt  e 
person,  warehouse  or  place  to  whom  or  to  which  it  may  1  o 
consigned. 

Enforcement  of  Act.  §  Ig.  The  State  railway  commi  ;- 
sion  is  hereby  empowered  and  authorized  to  enforce  tl  e 
provisions  of  this  Act  and  is  hereby  given  the  power  1o 
hear  and  determine  complaints  tor  violation  ot  this  Act  lo 
the  same  extent  and  in  the  same  manner  as  heretofore  pr  )■ 
vlded  by  law  in  other  cases. 

DEMURRAGE  ACT  OP  1909. 
Freight,  receipt,  forwarding,  §  Ih.  It  shall  be  the 
of  every  railroad  company  operating  a  line  of  railroal, 
wholly  or  in  part  within  this  State,  for  the  transportatic  n 
of  freight,  when  freight  in  carloads  or  less  is  tendered  lo 
said  railroad  company,  its  station  agent  or  other  agent 
in  charge  of  transportation  of  freight,  and  correct  ship- 
ping instructions  given,  to  immediately  receive  the  same 
for  shipment,  and  issue  bills  ot  lading  therefor,  and  when 
said  shipments  have  been  received  they  must  be  carried 
forward  at  the  rate  of  not  less  than  50  miles  per  day 
of  24  hours;  provided,  that  this  shall  not  apply  to  live 
stock    shipments,    computing   from    the   schedule   time   of 


dvM 


Public  Service  Laws 


849 


the  first  train  carrying  the  class  of  freight  so  tendered, 
and  for  failure  to  receive  and  transport  such  shipment 
within  the  time  herein  prescribed,  said  company  shall 
forfeit  and  pay  the  consignee  the  sum  of  $1  per  car 
per  day  or  fraction  thereof  on  all  carload  lots,  in  less 
than  carloads,  not  more  than  1  cent  per  100  pounds  per 
day  or  fraction  thereof,  with  minimum  5  cents  as 
damages,  together  with  all  other  damages  the  consignor 
or  consignee  may  sustain  thereby;  provided,  that  In  com- 
puting the  time  of  freight  in  transit,  there  shall  be 
allowed  24  hours  at  each  point  where  transferring  from 
one  railroad  to  another  is  involved;  or  at  division  and 
junction  points  where  the  car  or  shipment  is  required 
to  bo  put  into  another  train;  and  provided,  further,  that 
an  additional  24  hours  shall  be  allowed  on  all  cars 
weighed  in  transit,  within  the  boundaries  of  this  State; 
provided,  that  carload  shipments  shall  not  be  considered 
tendered   to   the   railroad   company  until  loaded. 

Notice  to  consignee.  §  li.  Such  railroad  company  shall 
within  24  hours  after  arrival  of  shipment,  give  notice 
by  mail  or  otherwise  to  consignees  or  party  to  be  notified 
of  the  arrival  of  shipments  at  destination,  together  with 
the  amount  of  freight  charges  due  thereon,  and  when 
requested  by  the  consignee  shall  also  state  the  weight, 
nature  of  the  shipment,  point  of  origin  and  name  of 
consignor,  and  when  goods  or  freight  in  tarload  lois 
arrive,  such  notice  shall  state  the  number  and  initials 
of  the  car  or  cars,  and  if  transferred  in  transit,  the 
number  and  initials  of  the  car  or  cars  in  which  originally 
shipped  when  such  information  is  noted  on  the  billing. 
Any  railroad  company  failing  to  give  such  notices,  shall 
forfeit  and  pay  to  the  consignee  or  other  party  whose 
interest  is  affected,  the  sum  of  $1  per  car  or  fraction 
of  a  day's  delay  on  all  carload  shipments,  and  1  cent  per 
100  pounds  per  day  or  fraction  thereof  on  freight  in  less 
than  carload  lots,  with  minimum  charge  of  5  cents  per 
day  and  not  exceeding  $1  per  day  for  any  shipment  in 
less  than  carload,  after  the  expiration  of  said  24  hours, 
as  damages,  together  with  all  other  damages  sustained 
thereby;  provided,  however,  that  when  shipping  instruc- 
tions are  noted  on  billing  it  shall  be  sufficient  to  give 
notice  in  accordance  with  said  instructions.  Such  rail- 
road companies  shall  give  the  consignor  or  shipper  of 
any  shipments  immediate  notice  by  mail  of  the  refusal 
of  such  shipment  by  the  consignee,  and  in  the  event 
that  said  shipment  is  unclaimed  for  a  period  of  48  hours, 
then  the  said  railroad  company  shall  immediately  notify 
the  shipper  or  consignor  of  such  fact  by  mail. 

Interstate  freight.  §  Ij.  Every  railroad  company  oper- 
ating a  line  of  railroad  extending  into  any  other  State 
shall  cause  the  conductor  of  every  train  bringing  freight 
in  carload  lots  into  this  State  from  any  other  State  to 
note  on  the  original  waybill  of  each  and  every  carload 
of  such  freight,  destined  to  r-oints  within  this  State,  the 
year,  month,  day  of  the  month  and  hour  of  the  day,  on 
which  such  carload  of  freight  ehtered  this  State,  and  to 
authenticate  the  same  by  his  signature.  Such  original 
waybills  with  the  above  indicated  notation  thereon  shall 
be  open  to  inspection  of  the  consignee  or  party  receiv- 
ing the  car,  and  at  the  request  of  said  party,  shall  be 
copied  on  the  expense  bill  of  such  car  by  the  railroad 
company's  agent  at  the  destination  station  of  such  car. 
Any  violation  of  any  of  the  provisions  of  this  section 
shall  be  punishable  by  a  fine  of  not  less  than  $10  nor 
more   than   $.50   for   each   offense. 

Freight,  delivery.  §  Ik.  Railroad  companies  shall  de- 
liver freight  at  their  depots  or  warehouses,  or  in  case 
of  shipment  for  track  delivery,  shall  place  loaded  cars 
at  an  accessible  place  for  unloading  within  24  hours 
after  arrival,  computing  from  7  o'clock  a.  m.  of  the  day 
following  the  arrival  of  the  same.  The  railroad  company 
shall  forfeit  and  pay  to  shipper  or  consignee  $1  per  day 
for  each  day  or  fract'on  thereof  such  delivery  is  delayed 
as  liquidated  damages  and  all  actual  damages  sustained 
thereby;  provided,  that  the  delivery  of  cars  to  private 
tracks  shall  be  considered  to  have  been  made  either 
when  such  cars  have  been  placed  at  an  accessible  point 
for  unloading  on  the  tracks  designated,  or  If  such  tracks 
be  full  of  loaded  or  unreleased  empty  cars,  when  the 
road  offering  the  cars  would  have  made  the  delivery 
had  the  condition  of  such  tracks  permitted;  provided, 
that   any   car   wholly   or   partially   unloaded   and  reloaded 


for  shipment  immediately  thereafter,  shall  be  entitled 
to  free  time  both  for  unloading  and  for  loading,  as  here- 
inbefore provided,  when  held  on  private  tracks  where 
delivery  is  made,  and  provided,  that  48  hours'  free  time 
shall  be  allowed  for  removal  of  freight  in  bond  from 
the  first  7  a.  m.  after  permit  to  receive  the  goods  is 
issued  to  consignee  by  U.  S.  collector  of  customs,  and 
the  48  hours'  free  time  after  the  first  7  a.  m.  after 
notice  of  arrival  has  been  given  to  consignee,  will  be 
allowed  for  the  placing  of  orders  for  the  disposition  of 
cars  containing  coal;  and  that  24  hours'  free  time  will 
be  allowed  on  all  other  carload  freight  for  the  same  pur- 
pose; and  that  when  cars  are  delivered  to  minor  rail- 
roads for  industries  located  thereon  or  to  industrial 
plants  performing  their  own  switching  service,  handling 
cars  for  themselves  or  other  parties,  24  hours'  free  time 
shall  be  allowed  for  switching  to  such  minor  railroads 
or  Industrial  plants  performing  their  own  switching  serv- 
ice, in  addition  to  the  regular  time  allowed  for  switching 
for  loading  or  unloading;  and  that  48  hours'  free  time  will 
be  allowed  on  such  minor  railroads  or  industrial  plants 
performing  their  own  switching  service,  for  the  placing  of 
orders  for  the  disposition  of  cars  containing  coal  in  addi- 
tion to  the  free  time  allowed  for  unloading;  provided,  such 
48  hours  had  not  previously  been  allowed  on  tracks  of  con- 
necting lines;  provided,  that  there  shall  be  but  one  period 
of  free  time  for  unloading  and  but  one  period  of  free  time 
for  reconsigning  on  one  shipment;  and  provided,  that  all 
cars  for  unloading  shall  be  considered  placed  when  they  are 
held  awaiting  orders  from  consignors  or  consignees. 

Demurrage  charges.  S  11.  Shippers  or  consignees  on 
whose  order  a  car  or  cars  containing  less  than  G0,000 
pounds,  ^ave  been  placed  for  loading  or  unloading,  shall 
have  3G  hours  for  loading  or  unloading  such  cars,  and  60 
hours  for  loading  or  unloading  those  of  00,000  pounds  or 
more,  computing  time  from  7  oclock  a.  m.  of  the  day  after 
such  car  or  curs  have  been  placed  subject  to  such  order 
and  thereafter  a  demurrage  charge  of  not  more  than  $1 
per  car  per  day  or  fraction  of  a  day,  may  be  assessed  and 
collected  on  all  such  cars  respectively  as  have  not  been 
tendered  to  the  railroad  company,  with  shipping  instruc- 
tions for  loaded  cars,  within  said  respective  periods  of  36 
and  GO  hours  of  free  time;  provided,  however,  should  any 
shippers  fail  to  begin  loading  within  36  hours  after  any 
car  or  cars  are  placed  as  hereinbefore  provided,  the  rail- 
road company  may  consider  the  empty  car  released,  and 
may  assess  and  collect  on  every  such  car  $2  covering  the 
demurrage  then  due.  If  any  party  shall  refuse  to  pay 
any  of  the  demurrage,  storage  charges,  damages  or  for- 
feitures provided  for  in  this  Act,  it  shall  be  the  duty 
of  the  party  making  such  refusal  to  furnish,  within  30  days 
after  written  request  has  been  made,  a  written  statement 
to  the  party  claiming  such  charges,  giving  full  reasons  for 
the  refusal  to  make  such  payment.  Any  violation  of  the 
provisions  of  this  section  shall  he  punishable  by  a  fine  of 
not  less  than  $10  and  not  more  than  $50  for  each  offense. 
And  provided  further,  that  when  by  reason  of  delay  or 
Irregularities  on  the  part  of  the  railroad  company  in  filling 
orders  for  cars,  or  in  the  transportation  or  delivery  of 
freight,  cars  are  bunched  In  excess  of  the  capacity  of  the 
shipper  to  load  as  indicated  in  his  application,  or  of  the 
consignee  to  unload,  such  shipper  or  consignee  shall  have 
separate  and  distinct  periods  of  free  time  in  which  to  load 
or  unload,  as  the  case  may  be,  ihe  car  or  cars  specified  In 
each  separate  application,  or  in  each  bill  of  lading  or 
waybill  of  different  date;  provided,  that,  \*  after  placing  the 
car  or  cars  as  hereinbefore  provided,  the  railroad  company 
shall,  during  the  free  time  or  after,  temporarily  remove 
any  or  all  of  them,  or  in  any  way  obstruct  the  loading  or 
unloading  of  same,  the  shipper  or  consignee  shall  not  be 
chargeable  with  the  delay  caused  thereby;  provided  fur- 
ther, that,  whenever  during  the  period  of  free  time,  the 
weather  is  so  severe,  inclement  or  stormy  that  it  is  im- 
possible or  impracticable  to  load  or  unload  freight,  or 
when  from  the  nature  of  the  goods  loading  or  unloading 
would  cause  injury  or  damage,  such  time  shall  be  added 
to  the  free  time,  and  no  demurrage  charge  shall  be  charged 
and  assessed  for  such  additional  free  time.  This  rule  shall 
apply  to  the  state  of  the  weather  during  business  hours 
only. 

Free  time.  §  Im.  When  the  consignee  or  his  agent  Is 
personally  served  with  notice  of  the  arrival  of  freight  at 
or  before  5  o'clock  p.  m.  of  any  day,  fr«e  time  shall  begin 


850 


National  Association  of  Railway  Commissioneks 


" 


at  7  o'clock  a.  m.  of  the  day  after  such  notice  has  been 
given;  provided  the  car  or  cars  containing  such  freight 
shall  have  been  placed  for  unloading  as  hereinbefore 
provided. 

Storage  charges,  packages.  §  In.  All  package  freight 
unloaded  by  railroad  companies  in  their  depots  or  ware- 
houses, or  which,  in  order  to  release  cars,  is  unloaded  in 
the  yard  space  of  a  railroad  company  and  not  removed 
by  the  owner  therefrom  within  48  hours,  computing  from  7 
o'clock  a.  m.  of  the  day  following  legal  notice  of  arrival, 
may  be  subject  to  a  storage  charge  for  each  day,  or  frac- 
tion of  a  day,  it  may  remain  in  custody  of  the  railroad 
company,  as  follows:  In  less  than  carloads,  not  more 
than  one  cent  per  hundred  pounds,  per  day  or  fraction 
thereof,  with  minimum  of  five  cents.  In  carload  lots  not 
more  than  10  cents  per  ton  of  2,000  pounds  per  day  or 
fraction  thereof,  but  not  exceeding  Jl  per  day,  or  fraction 
of  a  day;  provided,  that  in  no  case  shall  the  amounts  so 
collected  for  storage  of  less  than  carload  shipments  exceed 
the  amount  authorized  to  be  charged  as  storage  or  de- 
murrage on  a  carload  of  similar  freight  for  the  same 
length  of  time  when  not  unloaded  from  car  as  hereinbefore 
provided. 

Actions — Defenses.  §  lo.  When  a  suit  is  brought  to 
collect  any  of  the  damages,  forfeitures,  demurrage  or  stor- 
age charges  provided  for  in  this  Act,  said  suit  may  be 
brought  in  any  court  in  this  State  having  jurisdiction  on 
the  subject  matter,  and  parties  under  the  then  existing 
laws;  and  if  the  plaintiff  therein  recover  judgment,  such 
plaintiff  shall  also  recover  a  reasonable  attorney's  fee  for 
bringing  such  suit,  to  be  taxed  on  motion  and  paid  as  other 
costs  by  defendant  in  such  suit,  provided  claims  shall 
have  been  presented  for  payment  or  adjustment  at  least 
60  days  prior  to  commencement  of  suit.  In  any  suit 
brought  under  this  Act  it  shall  be  lawful  for  the  defendant 
to  plead  and  show  in  defense  that  the  failure  to  comply 
with  the  provisions  of  this  Act,  and  on  account  of  which 
failure  said  suit  has  been  brought  was  caused  or  occa- 
sioned by  reason  of  storms,  floods,  weather  conditions, 
flres,  wrecks  of  trains,  riots,  mob  violence,  labor  troubles, 
or  through  other  accidental  or  exceptional  cause  wholly 
beyond  the  control  of  the  party  sought  to  be  charged,  and 
whereby  traffic  is  obstructed  or  is  interfered  with;  and  if 
such  party  shall  establish  by  the  preponderance  of  evi- 
dence the  existence  of  any  such  condition,  and  that  the 
existence  thereof  was  the  direct  cause  of  the  failure  of 
such  party  to  comply  with  the  requirements  of  this  Act, 
then  such  party  shall  not  be  liable  for  said  damages. 

Holidays.  §  Ip.  In  computations  of  time  under  the  pro- 
visions of  this  Act,  Sundays  and  legal  holidays  shall  not 
be  counted. 

Extent  of  Act.  §  Iq.  All  rules  and  regulations  of  the 
State  railway  commissioners  of  this  State  In  conflict  with 
any  provisions  of  this  Act  are  hereby  declared  null  and 
void;  but  this  Act  is  not  intended  to  repeal,  modify  or 
affect  any  law  concerning  the  shipment,  transportation  oi 
delivery  of  any  kind  of  freight  without  unnecessary  delay, 
or  within  a  reasonable  time,  or  any  other  law  concerning 
common  carriers  now  in  force  unless  in  direct  conflict 
therewith,  and  this  Act  is  hereby  declared  to  be  supple- 
mental to  such  laws. 

Maximum  rate — Long  and  short  haul.  §  2.  No  railroad 
company  in  the  State  shall  hereafter  charge,  collect  or 
receive  for  the  transportation  of  any  merchandise  or  other 
property  upon  the  railroad  owned  or  operated  by  such  com- 
pany within  this  State  a  higher  rate  for  such  service  than 
was  charged  by  said  company  for  the  same  or  like  service 
on  the  first  day  of  November,  A.  D.  1880,  as  shown  by  the 
published  rate  of  such  company.  And  no  railroad  company 
shall  demand,  charge,  collect  or  receive  for  such  transporta- 
tion for  any  specific  distance  a  greater  sum  than  it  de- 
mands, charges,  collects  or  receives  for  a  greater  distance. 

Discrimination  as  to  persons.  §  3.  No  railroad  com- 
pany within  this  State  shall  grant  or  allow  to  any  person, 
company  or  association,  upon  the  transportation  of  freight, 
either  directly  or  indirectly,  any  secret  rate,  rebate,  draw- 
back, unreasonable  allowance  for  use  of  cars  or  any  undue 
advantage  whatever,  nor  directly  or  indirectly  charge  to 
or  receive  from  any  person  or  persons,  or  association  or 
corporation  any  greater  or  less  sum,  compensation  or  re- 
ward than  is  charged  to  or  received  from  any  other  person 


or  persons,  association  or  corporation  for  a  like  and  con- 
temporaneous service  in  the  receiving,  transporting,  stor- 
ing, delivering  or  handling  of  freights. 

Oils,  transportation  rates.  §  4.  From  and  after  the  tak- 
ing effect  of  this  Act,  it  shall  be  unlawful  for  any  common 
carrier  in  the  State  of  Nebraska  to  charge,  exact  or  receive 
for  transportation  of  residuum  fuel  oil  or  crude  petroleum, 
between  any  points  within  the  State  of  Nebraska,  in  excess 
of  the  following  rates  for  each  100  pounds: 

Column  1,  Column  2, 

Distance,  miles —        Single  line  rates.   Double  line  ra1;es. 

6  and  less 2.5  cents  i      cents 

10  and  over      6 3       cents  4.5  cents 

15  and  over    10 3.5  cents  5      cents 

20  and  over    15 4      cents  5.5  cents 

30  and  over    20 4.5  cents  6       cents 

40  and  over    30 5      cents  6.5  cents 

50  and  over    40 5.5  cents  7      cents 

60  and  over    50 6       cents  7.5  cents 

80  and  over    60 6.5  cents  8      cents 

100  and  over     80 7      cents  8.5  cents 

125  and  over  100 7.5  cents  9       cents 

150  and  over  125 8      cents  9.5  cents 

175  and  over  150 8.5  cents  9 . 5  cents 

200  and  over  175 9      cents  10      cents 

250  and  over  225 10      cents  10.5  cents 

250  and  over  225 10      cents  10.5  cents 

Over   250 10.5  cents  10.5  cents 

When  distance  is  over  250  miles,  in  addition  to  above 
rates,  add  below: 

Distance,  miles —  Rates. 

50  and  less 1      ce  it 

100  and  over     50 2      ce  its 

150  and  over  100 3      ce  its 

200  and  over  150 4       ce  its 

250  and  over  200 5       ce  its 

300  and  over  250 5.5  ce  its 

Over  300 6      ce  its 

Violation  of  Act,  penalty.  §  5.  Every  common  can  ier 
which  shall  fail  or  refuse  to  accept  for  shipment  or  to  pr  )p- 
erly  ship  or  deliver  the  products  named  in  §  1  hereof,  or 
who  shall  demand,  exact  or  receive  for  such  transportat  on 
or  delivery  any  sum  in  excess  of  the  rates  herein  made  1:  w- 
ful,  shall  be  liable  to  the  shipper  injured  thereby  for  all 
damages  such  shipper  or  person  shall  sustain,  and  in  ac  di- 
tion  thereto,  injured  thereby  for  all  damages  such  ship  )er 
or  person  shall  sustain,  and  in  addition  thereto,  such  ci  m- 
mon  carrier  violating  the  provisions  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  convict  on 
thereof  in  any  court  of  competent  jurisdiction,  shall  be 
subject  to  a  fine  of  not  more  than  $500  for  each  s'  ch 
offense;  provided,  that  eacli  shipment  shall  be  deemei  a 
separate  offense  and  shall  be  punishable  as  such.  Provic  ed, 
further,  that  no  shipment  shall  be  made  wherein  such  c  iin- 
mon  carrier  shall  not  be  privileged  to  charge  less  than  25 
cents  in  freight  charges  thereon. 

Rebates.  §  6.  Every  common  carrier  which  either  direi  tly 
or  indirectly  gives  any  rebate  to  any  shipper,  or  si  ipa 
or  agrees  to  ship  any  of  the  products  mentioned  in  this  \ct 
for  a  less  rate  than  that  lawfully  charged  to  other  shipi  era 
under  like  circumstances,  shall  be  guilty  of  a  misdemeai  or, 
and  upon  conviction  thereof  shall  be  fined  in  any  sum  not 
more  than  ?500  for  each  offense,  and  for  the  wilful  ind 
repeated  violation  of  the  provisions  of  this  Act  such  c  im- 
mon  carrier  shall  forfeit  his  charter  and  right  to  do  b  isi- 
ness  within  this  State,  which  forfeiture  shall  be  declared 
in  an  action  tor  that  purpose  brought  by  the  attorney- 
general  of  this  State  in  the  Supreme  Court  of  Nebraski.  i^ 
the  name  of  the  State  of  Nebraska  for  that  purpose.    JMj 

ARTICLE  VI.  il 

PXTBLIC  OFFICES.  1^1 

Public  office  of  railroad  company.  §  1.  That  all^flW 
road  corporations  or  companies  doing  business  in  the 
State  of  Nebraska  as  public  carriers,  either  for  the  trins- 
portation  of  freight  or  carrying  passengers  from  any 
point  in  this  State,  are  hereby  required  to  have  and  main' 
tain  a  public  general  office  in  this  State,  in  some  county 
through  which  said  road  runs,  for  the  transaction  of  its 
business,  which  office  shall  be  established  on  or  before 
the  first  of  January,  A.  D.  1882,  and  notice  thereof  given 
by  publication  in  some  newspaper  on  the  line  of  its  road 
for  four  consecutive  weeks;   provided,  that  railroad  corpo- 


Public  Service  Laws 


851 


rations  or  companies,  hereafter  to  be  incorporated  under 
tlie  laws  of  tills  State,  shall  have  one  year,  from  the  date 
of  such  incorporation,  in  which  to  comply  with  the  pro- 
visions of  this  Act. 

Books  and  business.  §  2.  It  shall  be  the  further  duty  of 
all  such  railroad  corporations  or  companies  doing  business 
as  aforesaid,  to  keep  and  maintain  in  such  offices  books 
in  which  shall  be  recorded  the  amount  of  capital  stock 
of  such  railroad  corporation  or  company,  and  also  the 
transfer  of  such  stock,  the  amount  of  its  assets  and  liabil- 
ities, and  the  names  and  places  of  residence  of  its  officers, 
which  said  -books  shall  be  open  to  public  inspection  at  all 
times.  And  the  general  manager,  general  superintendent, 
general  freight  or  ticket  agent  or  such  other  general  offi- 
cers or  agents  as  said  railroad  corporations  or  companies 
•hall  have  or  employ,  shall  keep  and  maintain  their  offices 
as  such  general  offices  within  this  State;  provided,  that 
railroad  corporations  or  companies  not  operating  over  10 
miles  of  road  in  this  State  shall  be  exempted  from  the 
provisions  of  this  Act. 

Directors'  report  to  auditor.  §  3.  The  directors  of  every 
railroad  corporation  or  company  having  control  of  any 
road  doing  business  in  the  State  of  Nebraska  shall  annu- 
ally make  a  report  to  the  auditor  of  public  accounts  of 
the  amount  of  money  received  for  the  preceding  year  from 
passengers  and  freight,  at  any  and  all  points  iii  this  State, 
which  report  shall  be  made  and  filed  with  the  auditor  on 
or  before  the  fifteenth  day  of  January  of  each  year. 

Violations  of  Act — Penalty.  §  4.  Any  railroad  corpo- 
ration or  company  violating  any  of  the  provisions  of  this 
Act  or  failing  to  comply  with  the  provisions  herein  con- 
tained shall  forfeit  all  right  to  do  business  in  this  State, 
and  on  application  of  any  person  feeling  aggrieved,  it  shall 
be  the  duty  of  any  court  having  jurisdiction,  upon  proper 
and  satisfactory  proof,  to  place  such  railroad  in  the  hands 
of  a  receiver  and  proceed  to  wind  up  its   business. 

Same.  §  5.  In  addition  to  the  penalties  in  the  preced- 
ing section,  the  principal  officers  of  such  corporation  or 
company  shall  be  subject  to  fine  not  exceeding  $1,000  or 
imprisonment,  upon  conviction,  in  the  penitentiary  for 
a  term  not  exceeding  three  years. 

ARTICLE  IX. 

PASSEJiGER    RATES. 

Charges  for  passengers.  §  1.  It  shall  be  unlawful  for 
any  railroad  corporation  operating,  or  which  shall  hereafter 
operate,  a  railroad  in  this  State  to  charge,  collect,  demand 
or  receive  for  the  transportation  of  any  passenger  over 
12  years  of  age,  with  baggage,  not  exceeding  200  pounds 
In  weight,  on  any  train  over  its  line  of  road  in  the  State  of 
Nebraska,  a  sum  exceeding  two  cents  per  mile;  provided, 
that  no  railroad  company  shall  be  required  to  sell  any 
ticket  for  less  than  five  cents. 

Same — Children.  %  2.  Said  railroad  corporation  shall 
not  charge,  collect,  demand  or  receive  within  the  limits 
above  specified  for  the  transportation  of  any  child  under 
12  years  old  In  the  care  or  control  of  any  passenger 
on  any  train  a  sum  exceeding  one-half  of  the  rates 
prescribed  in  §  10058   (1)  of  this  Act. 

Payments  on  train.  §  3.  Nothing  herein  shall  be  con- 
strued as  to  prevent  any  railroad  company  from  adopt- 
ing the  rule  that  when  the  fare  is  paid  on  the  train  the 
conductor  may  charge  and  collect,  not  to  exceed  25  cents. 
In  addition  to  the  regular  fare,  for  which  he  shall  give 
back  to  such  passenger  a  conductor's  check  which  shall 
be  good  for  the  sum  so  charged  at  any  station  on  such 
road   on  presentation  to  the  agent  of  said  road. 

Same — Expelling  passengers.  §  4.  It  shall  be  unlawful 
for  any  railroad  corporation  operating  a  railroad  in  this 
State  to  expel  or  remove  from  any  coach  used  for  con- 
veying passengers  over  their  line  of  road  any  person  who 
offers  to  pay  the  regular  rate  of  fare,  not  to  exceed  the 
maximum  rate  herein  fixed  for  conveying  passengers 
along  the  line  of  said  road;  provided,  said  persons  con- 
duct themselves   properly   while   remaining  therein. 

Penalty,  i  5.  Any  railroad  corporation  violating  any 
of  the  provisions  of  this  Act,  shall,  upon  conviction 
thereof,  forfeit  and  pay  for  each  offense  not  less  than 
$200  nor  more  than  $1,000,  such  forfeiture  to  be  paid  into 
the  school   fund   of   the   county   in   which   such  forfeiture 


is  imposed,  and  shall  also  be  liable  to  the  party  Injured 
for  all  damages  he  or  she  sustained  thereby. 

Act  construed.  §  6.  The  term  "railroad  corporation," 
contained  in  this  Act,  shall  be  deemed  and  taken  to  mean 
all  corporations,  companies  or  individuals  now  owning 
or  operating,  or  which  may  hereafter  own  or  operate 
any  railway  in  whole  or  in  part  in  this  State,  and  the 
provisions  of  this  Act  shall  apply  to  all  persons,  firms 
and  companies,  and  to  all  associations  or  persons,  whether 
Incorporated  or  otherwise,  that  shall  do  business  as  com- 
mon carriers  upon  any  of  the  lines  of  railway  in  this 
State  (street  railways  excepted),  the  same  as  to  railroad 
corporations   hereinbefore   mentioned. 

ANTI-PASS    ACT. 

Free  transportation  prohibited.  §  7.  It  shall  be  unlaw- 
ful for  any  railroad  company  or  corporation,  owning  or 
operating  any  line  or  lines  of  railroad  in  the  State  of 
Nebraska  or  any  officer  or  agent  of  any  such  company  or 
corporation,  to  directly  or  indirectly  issue  or  give  to  any 
person  or  persons  any  free  ticket,  free  pass  or  free 
transportation  in  any  form,  for  the  transportation  of  any 
passenger  or  passengers,  on  or  over  any  line  or  lines  of 
railroad  or  any  part  thereof,  so  owned  or  operated  by  It, 
in  the  State  of  Nebraska,  except  to  persons  within  the 
classes  hereinafter  designated  and  limited;  and  it  shall 
also  be  unlawful  for  any  person  or  persons,  not  included 
within  the  classes  hereinafter  designated  and  limited  to 
accept  and  use  any  such  free  ticket,  free  pass,  or  free 
transportation  in  any  form  for  travel  on  and  over  any 
line  or  lines  of  railroad  or  any  part  thereof  in  the  State 
of  Nebraska;  provided,  however,  that  nothing  contained 
In  this  Act  shall  be  construed  to  prohibit  or  make  un- 
lawful the  issuing  or  giving  of  any  such  free  ticket,  free 
pass  or  free  transportation,  to  any  person  or  persons 
within  the  classes  herein  designated  and  limited,  or 
the  acceptance  or  use  of  the  same  by  persons  within  such 
classes,  viz.:  Officers,  agents,  bona  fide  employes,  the 
major  portion  of  whose  time  Is  devoted  to  the  service 
of  such  railroad  company  and  the  dependent  members 
of  their  immediate  families;  children  under  seven  years 
of  age;  officials  and  linemen  of  telegraph  companies; 
ex-employes  retired  from  service  on  account  of  age,  or 
to  their  widows,  or  because  of  disability  of  employes 
sustained  while  in  the  service  of  said  railroad  company 
and  the  dependent  members  of  their  immediate  families, 
or  the  widows  or  dependent  children  of  all  employes,  who 
die  while  In  the  service  of  such  railroad  company,  or 
to  transport  the  corpse  of  an  employe  dying  in  the  serv- 
ice; necessary  caretakers  of  live  stock,  poultry,  vege- 
tables and  fruit  including  transportation  to  and  from  the 
point  of  delivery;  employes  of  sleeping  car  companies, 
and  express  companies,  and  railway  mall  service  em- 
ployes, newsboys  on  trains,  baggage  agents  and  persons 
injured  In  wrecks  and  physicians  and  nurses  attending 
them;  provided,  that  one-trip  pass  for  a  discharged  em- 
ploye and  his  family  may  be  issued  for  use  within  ?0 
days  of  such  discharge;  provided,  further,  that  the  pro- 
visions of  this  Act  shall  not  be  construed  to  prohibit 
and  make  unlawful  the  interchange  of  passes  for  the 
officers,  agents  and  employes  and  the  dependent  members 
of  their  immediate  families,  of  other  railroad  companies; 
nor  to  prohibit  any  railroad  company  from  carrying  pas- 
sengers free  with  the  object  of  providing  relief  in  cases 
of  general  epidemic,  pestilence  or  calamitous  visitation. 
Hereafter  it  shall  be  the  duty  of  said  railroad  corpora- 
tions, and  each  of  them,  to  cause  to  be  filed  not  later 
than  the  10th  day  of  each  month,  with  the  State  railway 
commission,  a  monthly  statement  giving  the  names  and 
addresses  of  all  persons  to  whom  free  tickets,  free  passes 
or  free  transportation  have  been  given  or  furnished  by 
said  railroad  corporation,  specifying  the  kinds  of  employ- 
ment in  which  such  persons  are  engaged,  and  designating 
under  which  of  the  exceptions  of  this  Act  sudli  free 
tickets,  free  .passes  or  free  transportation  have  been 
given  or  furnished  said  person. 

Violation  of  Act — Penalty.  §  8.  Any  railroad  company 
or  corporation,  or  person  or  persons  violating  any  of  the 
provisions  of  this  Act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  for  each  offense,  on  conviction  thereof, 
shall  pay  a  fine  of  not  less  than  $100  nor  more  than 
$1,000. 


852 


National  Association  of  Railway  Commissioners 


I 


TRANSFEBABLE    MILEAGE   BOOKS. 

Mileage  books.  §  9.  Hereafter  all  railroad  companies 
operating  lines  of  railroad  in  this  State  shall  issue  and 
sell  to  all  persons  desiring  to  purchase  the  same  mile- 
age books  or  tickets  of  1,000  miles  each  over  their 
respective  lines  of  railroad  in  this  State,  and  said  mile- 
age books  or  tickets  shall  be  good  for  travel  in  the  hands 
of  any  person  holding  the  same  for  any  number  of  fares 
limited  by  the  mileage  in  the  took  on  any  train  carrying 
passengers  on  such  line  anywhere  in  this  State.  Said 
mileage  books  or  tickets  shall  be  sold  by  said  railroad 
companies  for  a  sum  not  to  exceed  $20  per  1,000  miles, 
and  shall  be  good  for  two  years  from  the  date  of  their 
sale. 

Same — Presented  by  non-owner.  §  10.  Railroad  com- 
panies accepting  such  mileage  books  or  tickets,  or  any 
part  thereof,  shall  not  be  liable  to  the  owner  thereof  in 
case  the  same  are  presented  to  conductors  by  persons 
not  legally  entitled  thereto. 

Two  or  more  roads.  §  11.  This  Act  shall  not  apply  to 
mileage  books  designed  to  be  used  over  two  or  more 
railroads   under   separate   management  or   control. 

Violation  of  Act — Penalty.  §  12.  The  violation  of  any 
of  the  provisions  of  this  Act  by  any  railroad  company, 
the  officers,  agents,  servants  or  employes  thereof  shall 
render  such  company,  officer,  agent,  servant  or  employe 
jointly  and  severally  liable  to  a  fine  of  not  less  than 
$100  nor  more  than  $500  for  each  and  every  offense,  to 
be  recovered  in  a  civil  action  in  the  name  of  the  State 
brought  therefor  in  any  court  having  jurisdiction  thereof. 

ARTICLb  X. 

TITLE    TO    RK.M,    ESTATE. 

Payment — Deed.  §  1.  That  all  railroad  companies  or- 
ganized under  the  laws  of  this  State  which  may  have 
heretofore  taken  or  may  hereafter  take  any  of  the  edu- 
cational, saline,  university,  agricultural  college  or  other 
lands  belonging  to  the  State  for  right-of-way,  stations, 
turnout,  sidetracks,  or  other  necessary  appurtenances  to 
a  railroad  shall  be  entitled  to  a  deed  in  fee  simple  for 
the  land  so  taken,  upon  paying  into  the  county  treasury 
of  the  county  where  the  land  is  situated  the  full  value 
of  the  land  so  taken,  together  with  the  amount  for  dam- 
ages that  the  State  shall  sustain,  together  with  the  dam- 
ages to  lessee. 

Appraisers.  §  2.  For  the  purpose  of  ascertaining  the 
value  of  the  lands  so  taken  or  to  be  taken,  the  county 
commissioners  of  the  county,  or  in  case  the  county  is 
acting  under  township  organization,  then  three  super- 
visors, to  be  appointed  by  their  chairman,  shall  constitute 
a  board  of  appraisers,  and  shall  each  be  entitled  to  receive 
the  sum  of  $3  per  day  for  each  day  actually  employed 
and  10  cents  per  mile  tor  each  mile  necessarily  traveled, 
to  be  paid  by  the  railroad  company. 

Appraisement.  §  3.  On  application  In  writing  to  said 
board  of  appraisers  by  any  railroad  company  desiring  the 
appraisal  of  any  of  the  lands  mentioned  in  §  1,  it  shall  be 
the  duty  of  said  board  to  carefully  inspect  and  view  said 
land  and  appraise  the  value  per  acre  of  the  lands  at  the 
time  the  same  were  so  taken,  together  with  any  damages 
the  State  may  sustain  by  reason  thereof. 

Report — Damages.  §  4.  The  board  shall  make  a  report 
in  writing  to  the  county  treasurer  of  the  value  of  lands 
so  talcen,  together  with  the  amount  of  damages,  if  any, 
the  State  may  sustain,  and  on  payment  of  said  amounts  by 
the  railroad  company  into  the  county  treasury,  the  county 
treasurer  shall  give  the  same  receipt  as  he  is  required 
to  give  when  payment  is  made  of  part  principal  on  a  con- 
tract of  purchase,  and  the  county  clerk  shall  transmit  a 
duplicate  to  the  commissioner  of  public  lands  and  build- 
ings, to  be  by  him  entered  of  record  as  in  other  cases  of 
payment  on  educational  lands. 

Plat — Deed.  §  5.  The  railway  company  shall  file  a  plat 
of  the  land  so  taken  with  the  commissioner  of  public  lands 
and  buildings,  who  shall  prepare  a  deed  to  be  executed 
by  the  governor,  conveying  said  lands  to  said  company, 
and  the  amount  of  lands  so  taken  shall  be  marked 
sold,  by  the  said  commissioner  from  the  section  or  part 
of  section  from  which  it  has  been  sold. 

Leased  or  sold  lands — Price.  §  6.  Where  any  of  the 
lands  desired  to  be  so  taken  are  held  under  contract  of 


sale  or  lease,  the  amount  of  lands  so  taken  shall  be  de 
ducted  from  the  total  amount  mentioned  In  said  contract 
and  the  amount  of  cash  so  paid  in  on  contracts  of  purchaai 
shall  be  credited  on  the  contract,  first  to  the  payment  o 
the  number  of  acres  according  to  the  contract  price,  am 
the  residue  as  a  payment  on  the  balance  of  the  land 
provided,  however,  that  all  damages  that  may  be  assessei 
by  reason  of  injury  done  to  any  improvements  on  sail 
land,  or  possession  thereof,  shall  be  paid  to  the  persoi 
holding  the  contract  of  purchase  or  lease;  provided  fui 
ther,  that  not  more  than  100  feet  will  be  taken  for  riglit  o 
way,  and  not  more  than  20  acres  for  all  other  purposes 
on  any  one  tract  of  640  acres;  provided  further,  that  th 
lands  so  taken  shall  not  be  sold  for  less  than  $7  per  acre 
nor  less  than  the  price  per  acre  specified  in  the  contrac 
of  purchase. 

ARTICLE  XI.  .,|H 

SALE    OF    STATE   LANnS.  "^^1 

Lands  heretofore  taken.  §  1.  Any  railway  company  il 
corporated  under  the  laws  of  this  State,  which  shall  liav 
constructed  its  railway  or  located  or  hereafter  may  cor 
struct  or  locate  its  grounds  for  stations,  machine  si  ops 
depot  grounds,  turnouts,  sidetracks,  warehouses,  and  othe 
appurtenances  to  a  railroad,  incident  to  its  organiza  ior 
across  or  on  any  State  lands,  as  provided  by  §  105  of  chai 
ter  16  of  the  compiled  statutes  of  Nebraska  of  1885,  ma: 
apply  in  writing  to  the  board  of  public  lands  and  building 
for  valuation  and  conveyance  thereof,  filing  with  suet  ai 
plication  a  plat  and  description  of  such  lands. 

Appraisement.  §2.  On  such  application  being  n  ad( 
the  commissioner  of  public  lands  and  buildings  shall  c  lus 
a  copy  of  such  application  and  plat  to  be  forwarded  to  th 
chairman  of  the  board  of  county  commissioners,  or  si 
pervisors  of  the  county  where  such  lands  lie,  and  it  i  hal 
he  the  duty  of  such  county  commissioners,  or  a  maj<  rit: 
of  them,  or  if  the  county  is  under  township  organiza  ioi 
three  of  the  supervisors  to  be  designated  by  said  bi  ar 
of  supervisors  or  a  majority  of  such  designated  si  p-ei 
visors,  to  view  the  lands  so  desired  to  be  purchasei  b; 
such  company,  and  return  a  true  and  correct  valu(  o 
such  land,  under  oath,  the  material  facts  in  which  re  iir 
shall  be  communicated  to  such  board  of  county  com  nil 
sioners  or  supervisors,  and  entered  of  record  in  t  lei 
proceedings. 

Payment — Deed — Damages 
proceedings  have  been  had, 
shall,  within  90  days  after 
the  State  treasurer  the  appraised  value  of  such  land,  ani 
shall  tlien  be  entitled  to  receive  the  deed  for  the  s  im 
upon  forwarding  the  proper  evidence  of  such  appri  isa 
and  receipt  of  the  State  treasurer  to  the  commissi'  ne 
of  public  lands  and  buildings;  provided,  further,  ha 
the  damage  accruing  to  any  occupant  or  owner  or  o  he 
person,  who  may  reside  or  have  improvements  on  iali 
land  previous  to  the  filing  of  such  plat,  or  the  appr;  is« 
ment  of  such  damages,  shall  be  paid  by  said  rail  oai 
company,  such  damages  to  be  determined  either  b: 
mutual  agreement  between  the  party  so  owning 
occupying  said  lands,  and  such  railway  company, 
appraisement   as   in  other  cases. 

.^.RTICLE  XII. 

MAXIMUM    FREIGHT    RATES. 

Maximum  freight  rates.  §  1.  It  shall  be  unlawf 
any  railway  company  or  common  carrier,  operatlfli' 
doing  business  in  the  State  of  Nebraska,  to  charge,  col 
lect  or  receive  for  the  transportation  of  live  stock,  pc 
tatoes,  grain  and  grain  products,  fruit,  coal.  lumbo  •  o 
building  material  in  carload  lots,  within  the  State  of  Ne 
braska,  more  than  85  per  cent  of  the  amount  fixe!  li 
the  classification  and  schedules  of  such  railway  'oin 
paniea  or  common  carriers  for  the  transportation  of  ^ucl 
property  in  force  and  effect  on  their  various  lines  o 
railway  on  the  first  day  of  January,  1907,  until  after  thi 
State  railway  commission  shall  have  provided  a  gnate; 
rate  upon  any  article  or  property  in  such  schedules  ron 
the  rate  herein  fixed. 

Reasonableness  of  rate — Hearing.  §  2.  The  State  rail 
way  commission  shall  have  the  power  to  hear  and  deter 
mine  whether  or  not  the  freight  rate  upon  any  article  o; 
articles    in    such    schedule   or   classification   of    rates   li 


§  3.  After  the  foreg  lin 
the  applicant  to  pure!  as 
such    appraisement,    pa;     t 


I 


Public  Service  Laws 


853 


either  so  high  as  to  be  unjust  to  shippers,  or  so  low  as 
to  be  unremuneratlve  or  unjust  to  any  common  carrier 
affected  thereby,  and  upon  complaint,  in  writing,  of  any 
person  or  corporation  affected  thereby,  particularly 
specifying  the  article  or  articles  upon  which  such  rates 
are  either  too  high  or  too  low  and  the  facts  in  connection 
therewith,  said  railway  commission  shall  set  such  cause 
for  hearing,  and  upon  a  trial  thereon  and  a  full  hearing 
after  notice  thereof,  shall  either  raise  or  lower  the  rate 
herein  fixed  upon  such  article  or  articles  to  the  end  that 
the  same  shall  be  just  and  reasonable  to  all  parties  con- 
cerned. 

Violation  of  Act.  §  3.  Any  railway  company  or  common 
carrier  violating  the  provisions  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  forfeit  and  pay  a  fine  of  not  less  than 
110,000  nor  more  than  $50,000  for  each  offense. 

CHAPTER  77. 
REVENUE. 
ARTICLE  I. 

ASSESSMENT   OF   RAILROAD   AND   CAR    COMPANIES. 

When  and  hy  whom  assessed.  §  84.  The  property  of 
railroads,  railroad  corporations  and  car  companies,  shall 
be  annually  assessed  as  prescribed  in  this  Act  by  the 
State  board  of  equalization  and  assessment. 

Same — By  whom  listed.  §  85.  The  State  board  of  equal- 
ization and  assessment  is  hereby  empowered  and  it  is 
made  its  duty,  to  assess  all  property  of  the  railroads 
and  railroad  corporations  in  the  State  of  Nebraslta;  pro- 
vided, however,  that  all  machine  and  repair  shops,  gen- 
eral office  buildings,  storehouses,  and  also  all  real  and 
personal  property,  outside  of  right-of-way  and  depot 
grounds  as  of  and  belonging  to  any  such  railroad  and 
telegraph  companies,  shall  be  listed  for  purposes  of 
taxation  by  the  principal  officers  or  agents  of  such  com- 
panies, with  the  assessors  of  any  precinct  of  the  county 
where  such  real  or  personal  property  may  be  situated, 
in  the  manner  provided  by  law  for  the  listing  valuation 
of  real   and   personal   property. 

When  listed.     §  86.     The  board  on  the  first  Monday  in 
May,  1904,  and  annually  thereafter  shall  proceed  to  ascer- 
tain  all   property  of  any  railroad   company  owning,  oper- 
ating  or   controlling,   any   railroad   or   railroad   service   in 
this  State  which  for  the  purpose  of  assessment  and  taxa- 
tion, shall  be  held  to  include  the  main  track,  side  track, 
spur  tracks,  warehouse  track,  roadbed,  right  of  way  and 
depot  grounds,  and  all  water  and  fuel  stations,  buildings 
and    superstructures    thereon,    and    all    machinery,    rolling 
t  stock,   telegraph   lines   and   instruments   connected   there- 
:    with,    all    material    on    hand    and    supplies    provided    for 
I   operating  and  carrying  on  the  business  of  such  road,  in 
i   whole    or    In    part,    together    with    the    moneys,    credits, 
f  franchises  and  all  other  property  of  such  railroad  com- 

■  pany  used  or  held  for  the  purpose  of  operating  its  road, 
1  and  appraise  and  assess  the  same  as  personal  property 
j   as  herein   provided. 

I  Statement  of  property  to  State  board.  §  87.  On  or  be- 
i  fore  the  15th  day  of  April,  1904,  and  annually  thereafter, 
the  person,  company  or  corporation  owning,  operating 
or  controlling  any  railroad  or  railroad  service  in  this 
State,  shall  by  its  president,  secretary  or  principal  ac- 
counting officer,  return  to  the  State  board  of  equalization 
,  and    assessment    a    sworn    statement    or   schedule    of   the 

■  property  of  said  company  on  the  31st  day  of  March  pre- 
ceding, as  follows:  First.  Of  the  right-of-way,  track 
and  roadbed,   giving  the  entire  length  of  the  main  track 

:  in  this  and  other  States,  and  showing  as  to  this  State, 
the  portion  in  each  county,  township  or  city.  Second. 
The  length  of  each  side  or  second  track  and  turnout, 
spur  and  warehouse  track,  and  aggregate  length  of  such 
Bide  or  second  track,  turnout,  spur  and  warehouse  tracks, 
together  with  the  name  of  the  county,  township,  precinct, 
city,  village  and  school  and  road  district,  in  which  such 
side  or  second  track  and  turnouts,  spur  and  warehouse 
tracks  are  located.  Third.  A  complete  list,  giving  size, 
location  as  to  county,  township  and  city  and  village, 
material  and  value  of  all  depots,  station  houses,  ma- 
chine shops,  stock  yards,  scales  or  other  buildings  situ- 
ated wholly  or  In  part  on  the  right-of-way,  together  with 
all  platforms,  fuel  and  water  stations,  and  the  machinery 


and  tanks  connected  therewith.  Fourth.  Showing  the 
number  of  ties  in  track  per  mile,  the  weight  of  iron  or 
steel  rails  per  yard  used  in  the  main  or  sidetrack, 
what  joints  or  chairs  are  used  in  track,  kind  of  ballast- 
ing, length  of  time  iron  or  steel  has  been  used,  and 
what  length  of  time  the  road  has  been  built.  Fifth.  A 
full  list  of  the  rolling  stock  belonging  to  or  operated 
by  such  road,  which  shall  distinctly  set  forth  the  number, 
class  and  value  of  all  locomotives,  passenger  cars,  dining 
cars,  express  cars,  mail  cars,  baggage  cars,  grain  cars, 
box  cars,  horse  cars,  cattle  cars,  coal  cars,  flat  cars, 
wrecking  cars,  pay  cars  and  all  other  kind  of  cars 
owned  or  used  by  said  company,  whether  within  or  with- 
out the  State  of  Nebraska,  together  with  a  statement  of 
the  number  of  miles  traveled  by  each  of  said  classes  of 
cars  over  the  line  of  said  company  within  the  State  of 
Nebraska,  and  without  the  State  of  Nebraska,  separately, 
during  the  year  preceding  the  first  day  of  January  last 
past.  Sixth.  A  statement  or  schedule  showing:  (1) 
The  amount  of  capital  stock  authorized,  and  the  number 
of  shares  into  which  said  capital  stock  is  divided.  (2) 
The  amount  of  capital  stock  paid  up.  (3)  The  market 
value  of  such  stock,  or  if  of  no  market  value,  then  the 
true  value  of  the  shares  of  stock.  (4)  The  total  amount 
of  all  secured  and  unsecured  indebtedness,  except  for 
current  expenses  of  operating  the  road.  (5)  The  loca- 
tion and  actual  valuation  of  all  its  real  estate  and  per- 
fonal  property  in  this  State  that  is  locally  assessed. 
Such  schedule  shall  be  made  in  conformity  to  such  in- 
structions and  forms  as  may  be  prescribed  by  the  State 
board  of  equalization  and  assessment,  which  values  shall 
be  taken  into  account  and  be  considered  in  arriving  at 
the  true  value  of  such  railroad  property  and  its  fran- 
chises. Seventh.  A  correct  return  of  the  value  of  all 
tools  and  materials  used  for  repairs,  and  of  all  other 
personal  property  in  the  State  of  Nebraska,  together  with 
such  other  information  as  the  State  board  of  equalization 
and  assessment  may  require  in  order  to  enable  them  to 
apportion  such  rolling  stock  between  the  main  line  and 
branches  of  said  road.  Eighth.  A  true  statement  of 
all  bridges,  showing  where  located  as  to  county,  township, 
village,  city,  school  and  road  district,  the  true  value 
thereof,  kind  and  material,  the  length,  width  and  height 
of  such  structure.  Ninth.  The  total  gross  earnings  and 
net  earnings  of  said  corporation,  during  the  year  for 
which  said  statement  is  made,  and  the  total  amount  ex- 
pended in  the  operation  and  maintenance  of  the  prop- 
erty, and  the  improvements  thereof,  distinguishing  that 
expended  in  improvement  or  betterment  from  that  ex- 
pended in  maintenance  or  operation,  also  the  dividends 
last  declared  upon  its  shares  of  stock  and  the  amount 
thereof,  and  the  date,  number,  and  amount  of  all  dividends 
declared  upon  its  stock  during  the  year  next  preceding 
the  date  of  such  report,  and  such  further  information  as 
the  State  board  may  in  writing  require,  all  of  which  shall 
be  taken  into  consideration  in  ascertaining  and  fixing 
the  value  of  such  road  and  the  franchise  thereof,  together 
with  such  other  information  as  said  State  board  may 
require  in  relation  thereto. 

Failure  to  make  statement.  §  88.  In  case  of  failure  to 
make  such  statement  or  schedule  to  the  State  board  of 
equalization  and  assessment,  such  person,  company  or 
corporation  so  failing  to  make  a  return,  shall  forfeit  the 
sum  of  not  less  than  $1,000,  nor  more  than  $5,000,  for 
each  offense,  to  be  recovered  by  action  in  the  name  of 
the  State  of  Nebraska.  And  in  such  case  the  State 
board  shall  proceed  upon  the  best  information  obtain- 
able, and  in  the  manner  directed  in  §  89  hereof,  to  ascer- 
tain the  actual  and  assessed  valuation  of  all  the  taxable 
property  of  such  corporation,  and  to  the  assessed  valua- 
tion they  shall  add  50  per  cent  thereof  as  a  penalty  for 
such   failure. 

Other  information — Mile  value.  §  89.  The  returns  of 
railroad  companies  or  corporations  shall  not  be  held  to 
be  conclusive  as  to  the  value  of  said  property,  but  the 
State  board  of  equalization  and  assessment  shall,  from 
all  the  information  which  it  is  able  to  obtain,  find  the 
true  value  of  all  such  property,  including  tangible  prop- 
erty and  franchises,  and  shall  assess  the  same  on  the 
same  basis  as  other  property  is  hereby  required  to  be 
assessed.  The  valuation  of  each  mile  to  be  determined 
by  dividing  the  whole  value  by  the  number  of  miles  of 
the  main  track  of  each  road  or  line. 


854 


National  Association  of  Railway  Commissioners 


statement  to  county  clerk.  §  90.  The  railroad  company 
operating  any  road  within  the  State  of  Nebraska,  shall 
annually,  on  or  before  the  first  day  of  April,  report  to 
the  county  clerk  of  each  county  through  which  its  line 
of  road  runs,  the  number  of  miles  of  main  track  situ- 
ated within  each  township,  precinct,  city,  village  and 
school  and  road  district  in  said  county,  together  with 
all  machines  and  repair  shops,  general  office  buildings, 
storehouses  and  all  real  and  personal  property,  not  on 
the   right-of-way. 

Witnesses  before  board.  §  91.  The  State  board  of  equal- 
ization and  assessment  shall  have  power  to  require  the 
attendance  before  it  of  any  officer,  agent  or  servant  of 
any  railroad  or  railway  company  having  any  portion  of 
Its  property  in  this  State,  to  answer,  under  oath,  such 
questions  touching  said  property  as  may  be  propounded 
by  the  board.  The  board  shall  have  power  to  issue  what- 
ever notice  or  process  may  be  necessary  to  compel  the 
attendance  of  any  such  person  as  a  witness,  which 
process  may  be  served  by  any  person  deputed  by  the  board 
for  that  purpose.  Any  person  who  shall  fail  to  respond  to 
such  process,  or  who  shall  refuse  to  answer  any  proper 
question  put  to  him  by  said  board  shall  forfeit  the  sum  of 
|500,  to  be  recovered  in  a  civil  action  prosecuted  in  the 
name  of  the  State. 

False  answers.  §  92.  Any  officer,  agent  or  servant  of 
any  railroad  company,  or  other  person,  who  shall  know- 
ingly make  any  false  answer  to  any  question  put  to  him 
by  such  board,  or  in  its  behalf,  touching  the  property, 
business,  money  and  credits,  or  value  thereof,  of  such 
company  shall  be  guilty  of  perjury,  and  it  shall  be  the 
duty  of  the  attorney-general  to  prosecute  anyone  so 
offending. 

Return  of  State  board  to  county  clerk.  §  93.  The  State 
board  of  equalization  and  assessment  after  having  valued 
and  assessed  all  the  railroad  property  in  this  State  in 
accordance  with  the  provisions  of  this  Act,  shall  imme- 
diately make  return  to  the  county  clerk  of  each  and 
every  county  in  which  any  portion  of  said  railroad  prop- 
erty as  designated  in  this  article,  may  be  located,  to  be 
used  as  the  basis  of  levy  for  the  county,  township,  pre- 
cinct, city,  village,  school  and  road  districts  therein,  and 
through   which  any  railroad  or  part  thereof  may  extend. 

Same,  contents.  §  94.  Such  return  shall  include  the 
following:  First.  Number  of  miles  of  track  of  each 
railroad  located  in  each  township,  precinct,  city,  village 
and  school  district  in  the  county,  and  the  total  length  of 
such  road  in  the  county.  Second.  The  average  valifation 
per  mile  of  such  road.  Third.  The  valuations  that  shall 
be  placed  to  the  credit  of  such  township,  precinct,  city, 
village,   school  and  road  district  in  the  county. 

Statement  of  State  board  to  county.  §  95.  The  State 
board  shall  transmit  to  each  county  as  soon  as  prac- 
ticable after  receiving  returns  from  the  railroad  company 
a  statement  from  such  returns  showing  as  to  each  county 
and  railroad,  all  machine  and  repair  shops,  general  office 
buildings,  storehouses  and  also  all  real  and  personal 
property  outside  of  such  railroad  right-of-way  and  depot 
grounds,  not  included  in  the  property  herein  required 
to  be  assessed  by  the  State  board  of  equalization  and 
assessment,  and  in  what  township,  precinct,  city,  village, 
school  and  road  district  located,  which  return  shall  be 
for  the   benefit  of  the  county  board  and   local  assessors. 

Apportionment  by  county  clerk.  §  96.  Railroad  prop- 
erty assessed  by  the  State  board  shall  be  apportioned 
by  the  county  clerk  among  the  respective  precincts, 
townships,  school  districts,  road  districts,  cities  and 
villages  in  which  the  same  may  be  entered  on  the  tax  list 
and   collected   by  the   county  treasurer. 

CAR    COMPANIES. 

statement  to  State  board.  §  97.  The  president  or  other 
chief  officer  of  every  car  company,  mercantile  or  other 
company  or  corporation,  other  than  a  railroad  company 
operating  a  line  of  railroad,  and  every  firm,  corporation 
or  individual  owning  or  operating  any  stock  cars,  fur- 
niture cars,  refrigerator  cars,  fruit  cars,  poultry  cars, 
tanks  cars,  or  any  other  kind  of  cars  except  sleeping  cars 
through,  in  or  into  the  State  of  Nebraska,  shall,  on  or 
before  the  20th  day  of  April  in  each  year,  make  to  the 
secretary  of  the  State  board  of  equalization  and  assess- 
ment a  true,  full  and  accurate  statement,  verified  by  the 


affidavit  of  the  officer  or  person  making  the  report  show- 
ing the  aggregate  number  of  miles  made  by  their  cars 
on  the  several  lines  of  railroad  in  this  State  ending 
with  the  31st  day  of  March  last  past,  and  a  further 
statement  showing  the  average  number  of  miles  traveled 
per  day  by  the  cars  of  a  particular  class  covered  by  the 
statement  in  the  ordinary  course  of  business  during  the 
year,  and  the  total  number  of  cars  owned  by  said  com- 
pany, individual  or  firm. 

Statement  of  miles  made  by  car  company.  §  98.  The 
president  or  other  chief  officer  of  every  railroad  company 
whose  lines  run  through  or  into  this  State  shall,  on  or 
before  the  20th  day  of  April  in  each  year,  furnish  to  the 
secretary  of  the  State  board  of  equalization  and  assess- 
ment a  statement  verified  by  the  affidavit  of  the  officer  or 
person  making  the  same,  showing  the  total  number  of 
miles  made  by  the  cars  of  every  such  car  company,  mer- 
cantile or  other  company,  firm  or  individual  on  their 
lines,  branches,  sidings,  spurs  and  warehouse  tracks  in 
this  State  during  the  year  ending  on  the  31st  day  of 
March  last  past. 

Assessment — Refusal  to  make  statement.  §  99.  It  shall 
be  the  duty  of  the  State  board  of  equalization  and  assess- 
ment to  ascertain  from  said  statements  the  number  of 
cars  required  to  make  the  total  mileage  of  the  cars  of 
such  car,  mercantile  or  other  company  or  corporation 
within  the  period  of  one  year  and  such  number  of  ciirs 
so  found  shall  be  the  number  of  cars  on  which  said 
company,  firm  or  individual  shall  be  assessed  for  s  lid 
year.  The  State  board  of  equalization  and  assessment 
shall  ascertain  and  fix  the  valuation  upon  each  particular 
class  of  cars,  which  as  nearly  as  possible,  shall  be  he 
true  value  of  such  cars,  and  the  number  so  ascertaii  ed 
shall  be  assessed  to  the  respective  car  company,  nrer- 
cantile  or  other  company,  firm  or  individual.  For  he 
purpose  of  making  the  assessment,  the  board  is  author- 
ized to  base  the  assessment  upon  the  returns  of  he 
several  railroad  companies.  In  case  any  such  car  cc  m- 
pany,  mercantile  or  other  company,  firm  or  Individ  lal 
shall  fail  or  refuse  to  make  the  statement  herein  re- 
quired, the  State  board  of  equalization  and  assessm  nt 
shall  fix  the  value  of  such  cars,  adding  50  per  cent  th<  re- 
of,  as  hereinafter  provided;  and  in  determining  he 
number  of  such  cars,  the  State  board  of  equalization  ;  nd 
assessment,  in  so  far  as  may  be  practicable,  shall  1  ar- 
monize  the  statements  of  the  several  railroad  compan  es, 
car  companies,  mercantile  or  other  companies,  firms  or 
Individuals  with  respect  thereto.  Such  assessment  si  all 
be  Included  in  the  records  and  proceedings  of  the  boi  rd, 
and  shall  be  prorated  among  the  several  counties  ti  iv- 
ersed  by  railways  carrying  said  cars  in  proportion  to 
the  entire  main  track,  mileage  or  railways  carrying  f  lid 
cars  In  said  county,  and  a  statement  transmitted  to  he 
county  clerk  of  each  county  as  provided  in  cases  of 
other  assessments  made  by  said  board  and  shall  b^ 
apportioned  by  the  county  clerk,  as  provided  in  §  96.^ 

Refusal  to  make  statement — Application  of  Act. 
In  case  any  such  car  company,  mercantile  or  other  c  i 
pany,  firm  or  individual  shall  fail  or  refuse  to  make  the 
statement  herein  required  within  the  time  above  sp  rei- 
fied, or  shall  make  a  false  statement,  the  said  bcird 
shall  proceed  to  assess  the  property  of  such  car  c  )m- 
pany,  mercantile  company,  firm  or  individual  so  fail  ng, 
and  shall  add  50  per  cent  to  the  value  thereof,  as  as  er- 
tained  and  determined  by  said  board.  Sections  97,  98 
and  99  shall  not  apply  to  railroad  companies  opera  ing 
railroads  within  this  State,  nor  to  sleeping  car  com- 
panies whose  cars  are  used  regularly  by  railroads 
ning  into   and   through   this   Slate. 


I 


nt? 


SLEEPING   CAR   COMPANIES. 

Defined.  §  101.  Every  person,  persons,  firm,  copartno 
ship,  joint  stock  association  or  corporation  owning  any 
Bleeping  cars,  parlor  cars,  buffet  cars  or  tourist  'ars 
used  by  railroads  upon  regular  lines  running  into  or 
through  the  State  and  upon  which  an  extra  charge  in 
addition  to  the  railroad  transportation  tare  is  made,  s  lall, 
for  the  purpose  of  this  Act,  be  held  and  deemed  to  be, 
and  shall  hereafter  be  called  a  sleeping  car  company. 

Report  to  State  board.  §  102.  Every  sleeping  car  com- 
pany whose  cars  are  used  by  railroads  running  into  or 
through  this  State  shall,  on  or  before  the  20th  day  of 
April,  1904,  and  annually  thereafter,  make  to  the  secre- 


PnBLio  Service  L.\-ws 


855 


tary  of  the  State  board  ot  equalization  and  assessment 
a  report  for  tlie  year  ending  March  31  preceding,  sworn 
to  by  some  officer  of  such  sleeping  car  company 
acquainted  with  the  facts  showing:  First.  The  total 
number  of  cars  of  each  class  used  in  transacting  the 
business  upon  all  of  the  lines  running  into  or  through 
this  State.  Second.  Tlie  fair  average  value  per  car 
of  each  of  the  classes  of  such  cars.  Third.  The  total 
number  of  miles  ot  railroad  main  track  over  which  such 
cars  were  used  within  this  State,  and  within  each  county 
In  this  State.  Fourth.  The  total  value  ot  such  cars  due 
to  this  State  as  the  number  of  miles  of  railroad  main 
track  over  which  such  cars  were  used  within  this  State 
bears  to  the  total  number  of  miles  of  railroad  main  track 
over  which   sucii  cars   are  used,  and  the  value  per  mile. 

Assessment.  §  103.  The  State  board  of  equalization  and 
assessment  shall  ascertain  and  fix  the  number  of  each 
liarticular  class  of  cars  used  in  transacting  the  business 
upon  all  lines  running  into  and  through  this  State,  and, 
as  nearly  as  possible,  the  true  value  of  all  of  the  dif- 
ferent classes  of  cars  used  upon  lines  running  into  and 
through  this  State;  and  the  State  board  shall  assess  that 
proportion  of  such  total  value  which  the  number  of 
miles  of  railroad  main  track  over  which  such  cars  were 
used  within  this  State  bears  to  the  total  number  ot 
miles  of  railroad  main  track  over  which  such  cars  were 
used  everywhere.  Such  assessment  shall  be  included  in 
the  records  and  proceedings  of  the  board,  and  shall  be 
prorated  among  the  several  counties  traversed  by  rail- 
way having  said  cars,  and  shall  be  apportioned  by  the 
county  clerk,  as  provided  in  §  96. 

Refusal  to  report.  §  104.  If  any  such  sleeping  car  com- 
pany shall  fail  or  refuse  to  make  the  report  as  herein 
required,  the  State  board  of  equalization  and  assessment 
shall  proceed  to  assess  the  property  of  such  sleeping 
car  company  upon  the  best  information  it  may  be  able 
to  obtain,  and  shall  add  to  the  value  so  ascertained  50 
per  cent  as  a  penalty  for  the  failure  or  refusal  of  such 
sleeping  car  company  to  make  its  report. 

TERMINAL   TAXATION. 

Property,  when  listed.  §  1.  Every  person,  company  or 
corporation  owning,  managing  or  operating  a  railroad, 
union  station  or  depot  in  this  State,  also  every  car  com- 
pany and  freight  line  company  operating  cars  or  doing 
business  in  the  State  of  Nebraska,  shall  cause  all  its 
taxable  property  to  be  listed  for  the  purpose  of  local 
taxation  by  cities  and  villages,  with  reference  to  its 
amount,  kind  and  value  on  the  first  day  of  March  of  the 
year  in  which  it  is  listed. 

Assessors — Annual  assessment.  §  2.  The  local  assessor 
of  each  city  and  village  as  now  provided  by  law,  or  as 
may  hereafter  be  provided  and  the  State  board  of  equal- 
ization and  assessment  shall  be  the  assessing  officers  on 
behalf  of  such  city  or  village  and  shall  make  an  annual 
assessment  ot  the  property  of  all  railroad  companies, 
union  station  and  depot  companies,  car  companies  and 
freight  line  companies  within  their  several  jurisdictions 
for  the  purpose  of  levying  city  and  village  taxes  thereon, 
as   hereinafter   provided. 

Definitions.  §  3.  For  the  purpose  of  this  Act  the  fol- 
lowing provisions  and  definitions  are  made: 

Railroad  company.  (1)  Any  person,  association,  com- 
pany or  corporation  owning  and  operating  a  railroad,  or 
operating  a  railroad  in  this  State,  or  owning  or  operat- 
ing any  station,  depot,  track,  terminal  or  bridge  for  rail- 
road purposes  as  owner,  lessee  or  otherwise,  shall  be 
deemed  a  "railway  company"  within  the  meaning  of  this 
Act. 

Union  station  and  depot  company.  (2)  The  term  "union 
station  and  depot  company,"  shall  include  every  person, 
association  or  corporation  owning  or  operating  any  union 
station  or  depot  for  more  than  one  railroad  company  or 
railroad   system. 

Car  company.  (3)  The  term,  "car  company,"  shall  In 
elude  any  person,  association  or  corporation  owning 
or  operating  sleeping  cars,  refrigerator  cars,  stock 
cars,  furniture  cars  or  cars  of  any  other  description, 
over  any  line  or  lines  of  railroad,  or  parts  thereof,  in 
this  State. 

Freight  line  company.  (4)  The  term,  "freight  line 
company,"     shall     include     any     person,     association     or 


corporation  engaged  in  the  business  of  operating  cars, 
not  included  in  the  former  definitions,  tor  the  transpor- 
tation of  freight,  whether  such  freight  be  owned  by 
such  company  or  any  other  person  or  company,  over 
any  railway  line  or  lines  in  whole  or  in  part  within  this 
State,  such  line  or  lines  not  being  leased,  owned  or 
operated  by  such  company.  Said  term  shall  also  include 
every  person,  association  or  corporation,  wherever  or- 
ganized, engaged  in  the  business  of  furnishing  or  leas- 
ing cars  of  whatever  kind  or  description  to  be  used 
in  the  operation  of  any  railway  line  or  lines  wholly 
or  partially  within  this  State,  such  line  or  lines  not 
being  leased,   owned   or  operated  by  such   company. 

Property.  (5)  The  term,  "property,"  as  used  in  this 
Act  shall  be  deemed  to  include  all  property,  real  and 
personal,  belonging  to  the  persons  or  corporations  sub- 
ject to  taxation  under  this  Act,  including  the  franchise, 
right  of  way,  roadbed,  bridges,  superstructures,  terminals, 
stations,  cars,  rolling  stock,  tracks,  wagons,  horses, 
office  furniture,  telegraph  or  telephone  poles,  wires,  con- 
duits, switchboards  and  all  other  property  of  every  kind, 
Including  all  title  and  interest  in  the  same  as  owner, 
lessee,  operator  or  otherwise,  used  in  carrying  on  the 
business  of  such  companies. 

Local  property.  (6)  The  term  "local  property"  shall 
include  all  of  the  tangible  proi>erty  of  a  company  in 
any  city  or  village,  except  rolling  stock.  Local  property 
shall  not  include  any  part  of  the  franchise  of  any  com- 
pany. 

Company.  (7)  The  term,  "company,"  wherever  used  In 
this  Act  without  modifying  words,  shall  apply  to  and 
be  construed  as  referring  respectively  to  any  railroad 
company,  union  station  and  depot  company,  car  company  ' 
or  freight  line  company,  and  to  any  and  all  other  persons 
and    corporations    subject    to    taxation    under    this    Act. 

Assessor.  (8)  The  term,  "assessor,"  as  used  in  this 
Act  shall  include  within  its  meaning  the  county  as- 
sessor of  any  county,  precinct  assessor  of  any  precinct, 
tax  commissioner  of  any  city,  as  well  as  any  officer 
authorized  by  law  to  assess  for  taxation,  for  city  or 
village    purposes,    any    property    in   this    State. 

Board.  (9)  The  term  "board"  in  this  Act  shall  mean 
the  State  board  of  equalization  and  assessment  as 
by  law  now  constituted  or  any  board  hereafter  created 
by   law   having   similar   powers   and   duties. 

Assess.  (10)  The  term  "assess"  as  used  in  this  Act 
shall  include  within  its  meaning  the  valuation  of  prop- 
erty  for    the    purpose   of   taxation. 

Title  and  interest.  (11)  The  company  operating  a  rail- 
road, union  depot  or  cars  in  this  State  shall  be  the  rep- 
resentative of  every  title  and  interest  in  the  property  so 
operated  or  used,  and  shall  include  that  of  the  owner, 
lessee  or  otherwise,  and  notice  to  the  operating  company 
shall  be  notice  to  all  interests  in  such  property  for  the 
purpose  of  taxation.  The  assessment  and  taxation 
of  the  property  ot  any  company  in  the  name  of  the 
owner,  or  in  the  name  of  the  operating  company  shall 
be  deemed  and  held  an  assessment  and  taxation  of 
all  the  title  and  interest  in  such  property  of  every 
kind  and   nature. 

Street  railways.  (12)  Street  railways  are  excluded 
from  the  operation  of  this  Act. 

Information,  witnesses,  fees,  sheriff.  Witness.  §  4.  The 
board  shall  have  access  to  all  books,  papers,  documents, 
statements  or  accounts  on  file  or  of  record  in  any  of  the 
departments  of  the  State.  It  shall  likewise  have  access 
to  all  books,  papers,  documents,  statements  and  ac- 
counts on  file  or  of  record  in  counties,  cities  and  villages, 
and  the  officers  thereof  shall  furnish  information  of  any 
and  all  matters  on  file  in  their  respective  offices  as  may 
be  required  by  the  board.  The  board  shall  have  the 
power  by  a  summons  signed  by  any  member  thereof, 
and  served  in  like  manner  as  a  subpoena  issued  from 
courts  of  record,  to  compel  witnesses  to  attend,  give 
evidence  and  to  produce  books  and  paper.s.  Any  member 
of  the  board,  or  the  secretary  thereof,  is  authorized  to 
administer  the  oath  to  witnesses.  The  attendance  of  any 
witness  may  be  compelled  by  attachment  issued  by 
any  District  Court  upon  a  proper  showing  that  such 
witness  has  been  duly  served  with  summons  and  has 
refused  to  appear  before  the  officer  or  board  issuing 
the    summons.      In    case    of    the    refusal    of    a    witness 


856 


National  Association  of  Eailway  Commissioners 


to  produce  books,  papers,  documents  or  accounts,  or  to 
give  evidence  on  matters  material  to  the  hearing,  such 
refusal  shall  be  reported  to  the  prosecuting  attorney 
of  the  countj',  or  to  the  attorney-general  of  the  State, 
who  shall  thereupon  institute  proceedings  in  the  proper 
District  Court  to  compel  such  witness  to  testify  or  pro- 
duce books  and  papers  and  to  punish  him  tor  the  re- 
fusal. The  person  serving  sueh  summons  shall  re- 
ceive the  same  compensation  as  now  allowed  to  sher- 
iffs or  other  officers  for  serving  subpoenas.  A  person 
appearing  before  the  board  in  obedience  to  the  summons 
shall  in  the  discretion  of  the  board,  receive  the  same 
compensation  as  a  witness  in  the  District  Court  to  be 
audited  by  the  city  or  village  on  behalf  of  which  the 
subpoena  was  issued.  The  records,  books,  accounts  and 
papers  of  any  company  owning,  operating  or  controlling 
any  of  the  property  mentioned  in  this  Act  shall  be  sub- 
ject to  the  visitation,  inspection  and  examination  by  any 
member  of  the  board  or  by  such  person  as  it  may  des- 
ignate. 

Depositions.     §  5.     The  board  may,  in  any.  matter  mate- 
rial   to    the    assessment   or    taxation    of    the    property    of 
the   companies   mentioned   in  this  Act,   cause   the  deposi- 
tion  of   witnesses   residing  without   the   State,   or  absent 
therefrom,    to    be    taken,    upon    notice    to    the    company 
interested,    in    like    manner    as    depositions    of   witnesses 
are  taken  in  civil  actions  pending  in  the  District  Court. 
Annual  reports  to  assessor.    §  6.    Each  of  the  companies 
whose   property   is    taxable   in   any   city   or  village   under 
the    provisions    of    this   Act    shall    annually    between    the 
first    day   of    February    and    the    first    day    of    March    in 
each    year,    under    the    oath    of    the    president    or    other 
•  chief    officer    and    the    secretary,    treasurer,    auditor    or 
superintendent  of  such  company,  make  and  file  with  each 
assessor  of  each   city  and   village  in  the   State  in  which 
said    company    shall    own,    operate,    use    or    control    any 
property  subject  to  taxation  under  the  provisions  of  this 
Act,    also    with    the    board,    in    such    form    as    the    board 
may    prescribe,    reports    containing    the    following    facts: 
Reports — By  railroad  companies  for  each  assessor.    §  6a. 
(1)    The  name  and  nature  of  the  company,  whether  a  per- 
son,  association   or   corporation.      (2)  The   location  of  its 
principal    office    and    the    name    and    post-office    address 
of  the   chief  officer  or  managing  agent,  and  of  all  other 
general    officers,   residing   in   the    State   of   Nebraska.   (3) 
Description   and   total   length   of  main   line   and   all   right 
Of   way   in   each   city   and   village   within   the~  jurisdiction 
of  the   assessor  and   the  value  thereof.     (4)  Detailed  de- 
scription   of   improvements   thereon   other   than    fuel   and 
water   stations,    buildings    and   bridges,   together   with   an 
Itemized   statement  of   their   value.     The   itemized   sched- 
ule   shall    show    the    number   of    ties    in    track    per    mile, 
the  weight  of  iron  or  steel  rails  per  yard,  the  length  of 
time  iron  or  steel  has  been  used,  the  kind  of  ballasting, 
length   of   time   the  road   has   been   built,   the   number   of 
switches,    scales,    length    of    side    or    second    track,    or 
turnout,    or   spur,    along   such    right   of    way,    as    well    as 
all    other    appurtenances    thereto    not    hereinafter    enum- 
erated, together  with  the  itemized  valuation  thereof.     (5) 
The   accurate    description    of   all    land   outside   the   above 
fight  of  way,  giving  area  in  acres  or  square  feet,  together 
with  the  value  thereof.     (6)  An  itemized  schedule  of  all 
Improvements  thereon  other  than  fuel  and  water  stations 
and    buildings.      A    detailed    list    of    such    improvements 
with   separate   values   thereon   shall   be   furnished   in   the 
same    form    and    manner   as    prescribed   in    subdivision    4 
of    this    section.       (7)  A    description    of    each    building 
with     its     appurtenances,     including    platforms,     showing 
the  size  of  each  building,  and  platform,  cost  of  construc- 
tion, age  and  the  present  value  of  each.     (8)  A  detailed 
description    of    each    bridge    or    a    part    thereof,    showing 
the   length,   width,  height,   material,   cost  of  construction, 
age    and    value.      (9)  A    detailed    description    of    all    fuel 
and   water  stations,   together  with   the  size   and  material 
of   each,    and    of   all    machinery   and    appurtenances    con- 
nected   therewith,    cost   of   construction,    age   and   value. 
(10)  Telegraph    and    telephone    instruments    and    all    ap- 
pliances  belonging  thereto,   together  with   all   wires   and 
poles,   showing   length   of  time   in   use,   and   value.      (11) 
A    list    of    all    other    tangible    property    except    rolling 
stock,  together  with  an  itemized  statement  of  the  value 
thereof.      (12)  The    total   value   of   the    local    property   of 
such   company   in   each   city  and   village.      (13)  In   addi- 


tion, such  other  facts  and  information  as  the  board  ma 
require  in  the  form  of  returns  prescribed  by  it. 

Reports—By  railroad  companies  for  the  board.    (1)    Ti 
name  of  the  company.     (2)  The  nature  of  the  compan' 
whether   a    person,    association,   company   or   corporatioi 
and  under  the  laws  of  what  State  or  country  organize( 
the  date  of  the  original  organization,  date  of  reorganizi 
tion,   consolidation   or   merger,   with   specific   reference   t 
laws    authorizing    the    same.       (3)  The    location    of    it 
principal    office.      (4)   The    name  of   the   place    where   It 
books,    papers    and    accounts    are    kept.      (5)  The    nam 
and   post-office  address  of  the  president,  secretary,  treai 
urer,    auditor,    superintendent,   general   manager,    counse 
directors   and   all    other  general   officers.      (6)  The    nam 
and   post-office   address   of   the   chief   officer   or   managin 
agent   of   the   railroad   company   in    Nebraska   and   of   a 
other    general    officers    residing    in    the    State.      (7)   Th 
total    number    ot    shares    of    capital    stock.      (8)  The    pa 
value   of  the   shares   of   the   capital   stock   for   the   whol 
system     showing     separately.        (I)  Amount     authori/.ec 
(II)  Amount     issued.     (Ill)  Amount     outstanding.       (IV 
Alfo     the     dividends     paid     thereon.       (9)   The     marke 
value  of  the  shares  of  capital  stock  for  the  whole  system,  oi 
the  dates  and  for  the  periods  the  board  may  request  o 
specify.     (10)  If  such  capital  stock  has  no  market  value 
the  actual  value  on  the  dates  and  for  the  periods  desif 
nated   by   the   board.      (11)   The  funded   debt  of  the   lail 
road    company    for    the    whole    system    and    a    deta  le( 
statement    of    all    series    of    bonds,    debentures    or    othe 
securities    forming    a    part    of    the    funded    debt    at    pa 
value,   with  date  of  issue,  maturity,  rate  ot  interest    im 
interest    paid.      (12)  The    market    value    of    each    se  iei 
of  funded  debt  for  the  whole  system  of  the  dates  and  fo 
the   periods    designated    by   the   board,   and    if   the   wl  oli 
or  a  part  of  such  funded  debt  has  no  market  value,  t  lei 
the   actual   value   thereof  for   such   dates   and    periods   aj 
the    board    may    specify.      (13)   Such    general    descripi  ioi 
of    the    real    estate    of    the    railroad    company    owned    oi 
operated  in   Nebraska  and   in  each  city  and  village,   :  ep 
arately,   as   would   be   sufficient  in   a   conveyance   ther  ol 
under    a   judicial    decree,    directing   a    sale    for    taxes    t( 
vest  in  the  grantees  all  title  and  interest  in  and  to  s  icl 
property    giving   the    value    of    each    part   and    parcel    lo 
cated    in    each    city   and    village,    also,    the    value   of    th« 
remainder     thereof,     such     value    to     be     based     on     ch* 
present    cost    of    reproduction.      (14)  A    like    descrip  ioi 
of   the   personal    property,    including    moneys   and   ere  tits 
held   by   the   company,   as  a   whole   system   and   the   )  ar( 
thereof    apportioned    to    the    line    in    Nebraska    and      ep 
arately  to  each  city  and  village,  together  with  the  v;  lu« 
thereof,    together    with    an    itemized    valuation    for    «  icli 
as    in   the   preceding   subdivisions.      (15)   a   statement    in 
detail,   of  all   capital   stock,   bonds   or  other   securities    ol 
such  railroad  company  owned  by,  or  held  in  trust,  for  ihe 
company,    and    the    capital    stock,    bonds    or   other   se  ur- 
ities   ot   other   persons,  companies  or  corporations  ov>  iied 
by  or  held  in  trust  for  it,  and  the  par  value  and  the  i  lar- 
ket    or     actual    value     of    the     same.       (16)   The    w  lole 
length   of   thp   lines   of   the   railroad   system   operated   by 
the   company   and    the    length   of   the    lines   in    Nebraska, 
and    in    each     city    and     village,     whether    operated    as 
owner,    lessee    or    otherwise.      The    length    of    the    line 
owned  and  the  length  of  the  line  operated  for  the  w  loIe 
system,    and    in   Nebraska,    shall    be   separately    repoi  ted. 
(17)  The   entire   gross   earnings  of  the  railroad  comj  any 
from   operation,    income   from   operation    and    the   income 
from    other    sources    for    the    whole    system,    and    in    Ne- 
braska,  and  the   disposition   made  ot  such   income.       IS) 
The   entire   gross  earnings   of  such   railroad   compan     in 
Nebraska  for  each  and  every  month  for  the  last  cale  idar 
year   ending   on    the    thirty-first   day  of   December.      (19) 
The   annual   reports   of   the   board   of  directors,   or   other 
officers,  to  the  stockholders  of  the  company  for  the  five 
years   preceding;    duplicates   of  the   annual   reports   riade 
to   the  Interstate   Commerce   Commission,  to  the  railroad 
commissioners    of    this    State,    and    to    all    other    railroad 
commissioners    or    State    officers,    or    boards,    of    ether 
States    In    or    through    which    their    lines    are    operated. 
(20)  The    gross    income,    or    earnings    received,    in    eachi 
city  and  village  and  out  of  each  city  and  village,  on  I'' 
ness    done    therein,    during    the    12    months    next    be 
the  first  day  of  January  of  the  year  in  which  the  rep  m 
is    required    to    be    made.      (21)  In    addition,    all    otlur 


Public  Service  IjAws 


857 


Information  and  facts  relating  to  sucli  company  required 
by  §  87  of  chapter  77,  article  J,  Compiled  Statutes  of 
Nebraska  for  1905,  entitled  "Revenue"  and  such  other 
facts  and  information  as  the  board  may  require  in  the 
form   of  returns   prescribed   by   it. 

Reports  to  assessor — By  union  station  and  depot  com- 
panies— For  assessors  and  the  board.  §  6b.  (1)  The  name 
of  the  company.  (2)  The  nature  of  the  company  and 
under  the  laws  of  what  State  or  country  organized.  (3) 
The  location  of  its  principal  office.  (4)  The  name  and 
post-office  address  of  the  president,  secretary,  auditor, 
treasurer  and  superintendent  or  general  manager.  (5) 
The  name  and  post-office  address  of  the  chief  officer  or 
managing  agent  of  the  company  in  Nebraska.  (6)  The 
number  of  shares  of  capital  stock.  (7)  The  par  value 
and  market  value,  or  if  there  be  no  market  value,  the 
actual  value  of  the  shares  of  stock  on  the  first  day 
of  March  of  the  year  in  which  the  report  is  made.  (8) 
A  detailed  statement  of  the  real  estate  owned  by  the 
company  in  Nebraska,  and  where  situate,  and  the  value 
thereof.  (9)  A  detailed  statement  of  the  personal  prop- 
erty, including  moneys  and  credits  owned  by  the  com- 
pany in  Nebraska,  on  the  first  day  in  March  in  the  year 
In  which  the  report  is  made,  where  situate  and  the  value 
thereof.  (10)  The  total  value  of  the  real  estate  owned 
by  the  company  situate  outside  of  Nebraska.  (11) 
The  total  value  of  the  personal  property  of  the  com- 
pany situate  outside  of  Nebraska.  (12)  The  whole 
length  of  theif  railway  lines,  if  any,  and  the  length  of 
so  much  of  their  lines  as  is  within  or  is  without  Ne- 
braska, which  lines  shall  include  what  such  companies 
control  and  use  as  owners,  lessees  or  otherwise.  (13) 
A  statement  of  the  entire  gross  receipts  of  the  com- 
panies, from  whatever  source  derived  for  the  year  end- 
ing the  first  day  of  April  [March]  in  the  year  for  which 
the  reiwrt  is  made.  (14)  Such  other  facts  and  informa- 
tion as  the  board  may  require,  in  the  form  of  the  returns 
prescribed  by  it. 

Reports— By  car  and  freight  line  companies  for  the 
board.  §  6c.  (1)  The  corporate  name  of  the  company. 
(2)  The  nature  of  the  business  of  said  company,  and 
under  the  laws  of  what  State  or  county  [country]  or- 
ganized. (3)  The  location  of  its  principal  office  (4) 
The  name  and  postoffice  address  of  the  president,  secre- 
tary, auditor,  treasurer  and  superintendent  or  general 
manager.  (5)  The  location  of  its  principal  office  in  the 
State  of  Nebraska,  together  with  the  name  and  address 
of  the  chief  officer  or  managing  agent  of  the  company 
in  Nebraska.  (6)  The  total  number  of  cars  operated 
by  the  company.  (7)  The  total  number  of  cars  and  roll- 
ing stock  of  any  such  company  run  over  or  operated  upon 
each  line  of  railroad  within  this  State,  each  day,  during 
the  entire  year  preceding  the  date  of  making  and  filing 
Buch  report.  (8)  The  cost  of  construction  of  each  of  said 
cars.  (9)  The  length  of  time  same  has  been  in  service. 
(10)  The  cash  value  of  each  of  the  cars  so  operated 
and  run  in  the  State  at  the  time  of  making  and  filing 
Buch  report.  (11).  The  number  of  shares  of  capital 
stock.  (12)  The  par  value  and  market  value,  or  if 
there  be  no  market  value,  the  actual  value,  of  the  shares 
of  stock  on  the  first  day  of  March  of  the  year  in  which 
the  report  is  made.  (13)  Gross  income  from  the  entire 
business  of  the  company.  (14)  Net  income  from  the 
entire  business  of  the  company.  (15)  In  additio^,  all 
other  information  and  facts  relating  to  such  company 
required  by  §  §  97,  98  and  102,  chapter  77,  article  I, 
Compiled  Statutes  of  Nebraska,  entitled  "Revenue,"  and 
such  other  and  additional  information  as  may  be  re- 
quired by  the  board,  in  the  form  of  the  return  pre- 
scribed   by    It. 

Blanks.  Blanks  for  making  the  above  reports  shall  oe 
furnished  to  such  companies  by  the  board,  except  for 
the  copies  of  reports  required  under  the  provisions  of 
subdivision  19  of  §  6a  in  relation  to  the  report  of  rail- 
way companies;  provided,  the  failure  to  furnish  such 
blanks  shall  not  excuse  the  failure  of  any  company  to 
make  returns  within  the  time  and  in  the  manner  herein 
specified. 

Reports,  neglect  to  make.  In  case  any  company  shall 
refuse  or  neglect  to  make  the  reports  required  by  this 
Act,  or  shall  refuse  or  neglect  to  furnish  any  Information 
requested,    the    assessor    and    board    shall   inform    them- 


selves the  best  they  may  on  the  matters  necessary  to 
be  known  In  order  to  discharge  their  duties  with  respect 
to  the  assessment  of  the  properties  of  such  companies. 

Neglect  by  company — Perjury.  §  7.  If  any  company 
whose  property  is  required  to  be  assessed  under  this  Act, 
or  if  any  officer  or  agent  of  such  company  shall  refuse, 
or  neglect,  to  make  any  reports  or  returns  required  by 
this  Act,  or  by  the  board,  or  shall  refuse  or  neglect  to 
permit  an  inspection  and  examination  of  its  records, 
books,  accounts  or  papers,  when  requested  by  said  beard, 
or  shall  refuse  or  neglect  to  appear  before  the  board  in 
obedience  to  a  summons,  such  company  shall  be  estopped 
to  question  or  impeach  the  action  or  determination  of 
any  assessor,  or  of  the  board,  upon  any  grounds  not 
affecting  the  substantial  justice  of  any  tax  which  may 
be  levied.  Any  officer,  agent  or  servant  of  any  company, 
or  any  other  person,  who  shall  knowingly  make  any 
false  answer  to  any  question  put  to  him,  or  who  shall 
give  or  offer  any  evidence  before  the  board  in  relation 
to  the  matters  which  may  be  properly  inquired  into  by 
such  board,  shall  be  guilty  of  perjury,  and  it  shall  be 
the  duty  of  any  prosecuting  attorney  of  any  county  to 
whom  complaint  shall  have  been  made  to  prosecute 
every  person  so  offending. 

Assessment  Rolls.  §  8.  The  several  county  and  city 
clerks  shall  prepare  separate  assessment  rolls  for  the 
assessment  of  the  companies  mentioned  in  this  Act  and 
shall  deliver  the  same,  on  or  before  the  first  day  of 
March  of  each  year,  to  the  proper  assessor  for  each  city 
and  village  in  his  county.  Upon  such  assessment  roll, 
after  the  names  of  each  of  the  companies  to  be  assessed, 
shall  be  placed  a  description  of  the  properties  of  such 
companies  in  general  terms,  which  shall  be  deemed  to 
include  all  of  the  local  property  of  such  companies  liable 
to  taxation  for  municipal  purposes  in  each  city  and 
village,  under  the  provisions  of  this  Act.  The  assessment 
roll  shall  be  so  made  as  to  provide  for  an  itemized 
assessment  of  all  of  the  local  property  of  each  company 
in  each  of  the  cities  and  villages  in  which  such  com- 
pany shall  own  property  or  transact  business. 

Assessments,  local  property.  §  9.  It  shall  be  the  duty 
of  the  assessor,  upon  the  receipt  of  such  assessment 
roll,  between  the  first  day  of  March  and  the  first  day 
of  May  of  each  year,  to  value  and  assess  all  of  the  local 
property  of  each  company  in  each  city  and  village  within 
his  jurisdiction  as  of  the  first  day  of  March  of  the 
current  year.  The  valuation  so  placed  upon  the  property 
of  each  company,  within  each  city  and  village,  shall  be 
the  true  value,  as  near  as  may  be,  of  that  part  of  tfte 
company's  local  property  in  such  city  or  village,  so  that 
the  same  may  be  taxed  on  the  same  basis  as  other 
property  Is  required  to  be  taxed  within  such  city  or 
village.  The  returns  of  the  companies,  required  by  this 
Act,  shall  not  be  held  to  be  conclusive  upon  the  assessor 
or  the  board,  but  each  assessor  and  the  board  is  author- 
ized to  make  an  assessment  from  all  of  the  facts,  cir- 
cumstances and  evidence  which  he,  or  it,  may  obtain  in 
carrying  out  the  provisions  of  this  Act.  The  assessment 
as  made  by  the  assessor  shall  not  be  final  until  reviewed 
as  hereinafter  provided. 

Assessment  roll,  entries — Certificate.  §  10.  It  shall  be 
the  duty  of  each  assessor  to  enter  in  the  assessment  roll 
prepared  for  that  purpose  an  itemized  assessment  of 
each  of  the  companies  to  be  assessed,  showing  the  value 
separately  of  (1)  The  land  constituting  the  right  of  way 
of  each  railroad  company.  (2)  The  improvements  thereon, 
excluding  fuel  and  water  stations,  buildings  and  bridges. 
(3)  The  land  outside  the  right  of  way.  (4)  Improve- 
ments thereon  other  than  fuel  and  water  stations  and 
buildings.  (5)  Each  building  with  its  appurtenances, 
Including  platforms.  (6)  Each  bridge.  (7)  Telegraph 
and  telephone  instruments,  together  with  all  the  wires 
and  poles  connected  therewith.  (8)  Fuel  and  water  sta- 
tions, together  with  their  appurtenances.  (9)  All  other 
tangible  property,  except  rolling  stock.  (10)  The  total 
value  of  the  local  property  of  each  company  in  each 
city  and  village  within  his  jurisdiction.  Attached  to 
such  assessment  roll  shall  be  a  certificate  of  the  assessor 
substantially  in  the  following  form:     State  of  Nebraska, 

county    of    ss.      I    do    hereby    certify    that    I 

have  set  down  in  the  above  assessment  roll  aH-  the  local 


858 


National  Association  of  Railtv'ay  CoMmssio.>iERs 


property  of  the  railroad  companies,  union  station  and 
depot  companies,  car  companies  and  freight  line  com- 
panies liable  to  be  taxed  in  each  city  and  village,  in 
which  I  have  jurisdiction  to  assess  property  in  this 
State,  to-wit:  (Names  of  cities  and  villages),  according 
to  my  best  information  and  judgment,  and  that  I  have 
estimated  the  same  at  what  I  believe  to  be  the  true 
value  thereof  on  a  uniform  basis  with  other  property 
assessed  for  taxation  in  such  cities  and  villages,  re- 
spectively      (county    assessor)    or 

(tax  commissioner)   (county  or  city).     The 

assessor  making-  such  assessment  shall  forward  to  the 
board  at  the  capitol  at  Lincoln,  on  or  before  the  first 
day  of  May  of  each  year,  the  assessment  roll  of  all 
property  assessed  by  him  under  the  provisions  of  this 
Act. 

Assessment  by  board — Equalization.  §  11.  The  board  on 
the  first  Monday  in  May  of  each  year  shall  proceed  to 
assess,  for  the  purposes  of  city  and  village  taxation,  all 
of  the  property  taxable  under  the  provisions  of  this  Act, 
except  local  property.  The  assessment  shall  be  made  in 
the  following  manner;  The  board  shall  first  ascertain 
and  find  the  total  value  of  all  the  property  of  each  com- 
pany in  the  entire  State  of  Nebraska.  From  the  amount 
80  ascertained  shall  be  deducted  the  value  of  all  the 
tangible  property  of  said  company,  except  rolling  stock, 
and  the  residue  so  ascertained  shall  be  divided  by  the 
total  number  of  miles  of  railroad  main  track  in  Ne- 
braska owned  by  each  railroad  company,  and  by  the  total 
number  of  miles  of  railroad  main  track  over  which  each 
car  company  and  freight  line  company  has  run  cars 
during  the  preceding  year,  and  the  quotient  shall  b€  the 
unit  basis  of  city  and  village  taxation  of  such  property. 
The  assessed  valuation  of  such  intangible  property  and 
rolling  stock  in  each  city  and  village  shall  be  computed 
by  the  board  by  multiplying  the  unit  of  valuation  so 
found  for  each  company  by  the  number  of  miles  and 
fraction  thereof  of  the  main  track  of  such  company  in 
such  city  and  village  respectively.  It  shall  he  the  duty 
of  the  board  at  its  annual  session  as  a  board  of  equali- 
zation, which  shall  convene  at  the  State  capitol  at  Lin- 
coln on  the  third  Monday  of  July  each  year,  [to]  review 
and  equalize  or  change,  as  hereinafter  provided,  the 
several  assessments  made  by  the  various  assessors  under 
the  provisions  of  this  Act.  The  board  shall  be  in  session 
at  least  five  days  and  may  adjourn  from  day  to  day 
until  its  work  is  completed;  provided,  its  findings  and 
returns  shall  be  made  not  later  than  its  returns  on  the 
annual  State  and  county  assessments  under  the  provisions 
of  the  general  revenue  law.  Any  company  shall  have  the 
right  to  appear  and  be  heard  as  to  the  valuation  of  its 
property  in  any  city  or  village,  and  to  file  objections  to 
the  assessed  valuation  of  its  property  as  returned  by 
any  assessor.  Any  city  or  village  may  also  be  repre- 
sented and  heard  in  relation  to  the  raising  or  lowering 
of  the  assessments  made  on  behalf  of  such  city  or 
village.  The  attorney-general  shall  attend  at  such  hear- 
ings and  represent  the  board.  The  board  shall  have 
power,  In  reviewing  the  assessments  made  by  the  local 
assessors,  to  raise  or  lower  any  assessment  in  any  city 
or  village  for  the  purpose  of  giving  the  property  of  each 
company  a  full  and  fair  valuation  in  the  several  cities 
and  villages.  To  the  final  assessment  of  the  local  prop- 
erty of  each  company  shall  be  added  the  board's  as- 
sessment of  all  other  property  in  each  city  and  village, 
and  the  resulting  amount  shall  stand  as  the  final  assess- 
ment of  the  property  of  such  company  taxable  under 
the  provisions  of  this  Act. 

Same — Failure  of  assessor — Record— Findings.  §  12.  It 
shall  be  the  duty  of  the  hoard  to  equalize  and  so  fix 
the  values  of  the  various  properties  returned  that  the 
companies  assessed  shall  stand,  as  near  as  may  be,  upon 
a  basis  of  equality  with  other  taxpayers  in  the  same 
cities  and  villages  respectively.  The  assessed  valuation 
of  any  company  shall  not  be  raised  by  the  board  to 
exceed  the  sum  of  all  the  local  and  board  assessments 
of  such  company  without  giving  notice  at  least  five  days 
before  final  action.  A  registered  letter  containing  such 
notice,  addressed  to  such  company  at  any  place  of  busi- 
ness or  oflice  named  in  its  report,  shall  be  sufficient 
notice.  In  case  any  assessor  shall  fail  to  return  to  the 
board    tho    assessment   roll   and    an    assessment   in    due 


form  of  all  the  local  property  of  all  th«  companies  within 
his  jurisdiction,  the  board  shall  make  an  assessment  of 
all  property  which  the  assessor  has  failed  to  properly 
return.  The  assessment  so  made  by  the  board  shall  be 
as  binding  as  if  made  by  the  assessor.  Notice  of  such 
original  assessment  by  the  board  shall  be  given  by  letter 
addressed  to  the  company  affected  thereby.  The  board 
shall  keep  a  record  of  its  acts  and  findings,  and  when  it 
has  equalized  and  assessed  all  of  the  property  herein 
provided  for,  agreeable  to  the  provisions  of  this  Act,  it 
shall  make  its  findings  and  determinatipns,  covering  all 
of  the  assessment  rolls  before  the  board,  showing  that 
such  board  has  duly  met  and  held  a  session  at  the 
time  and  place  provided  by  law  and  has  heard  all  com- 
plaints and  objections  to  the  assessment  of  the  various 
properties,  as  made  by  the  assessors  and  as  made  by  the 
board,  and  has  heard  and  considered  all  evidence  v<ith 
relation  thereto;  that  such  board  has,  to  the  best  of  its 
ability  and  according  to  the  best  information  obtainable, 
equalized  and  assessed  all  of  the  property  set  forth  in 
the  assessment  rolls  so  that  the  resulting  taxation  will 
be  substantially  uniform  as  to  all  persons  and  prop(!rty 
wilhin  each  city  and  village.  The  assessments  by  the 
board  as  finally  made  and  equalized  shall  be  final  ind 
conclusive. 

Same — Transmission  of  rolls  to  clerks — Levy — Dt  tin 
guent  taxes.  §  13.  The  board  shall  transmit  to  the  sev  >ra] 
county  clerks,  as  soon  as  practicable  after  its  fnal 
action  as  a  board  of  equalization  and  assessment,  the 
proper  assessment  rolls  as  corrected,  and  such  valuati  5ne 
shall  be  the  basis  of  the  taxation  of  such  compai  ies 
and  property  by  or  on  behalf  of  the  several  cities  ind 
villages.  The  levies  of  taxes  provided  for  herein  s  lall 
be  extended  upon  the  next  tax  lists  of  such  cities  ind 
villages  by  the  city  and  county  clerks,  respectively,  ind 
shall  be  computed  for  each  city  and  village,  using  the 
rate  of  the  general  levies  for  municipal  purposes,  ai  pll 
cable  to  all  property  in  such  city  or  village.  From  mo 
after  the  date  of  such  levy,  such  taxes  shall  be  ino 
remain  a  first  and  paramount  lien  upon  the  propi  itj 
taxed  until  the  same  shall  be  paid.  All  taxes  provi  led 
for  by  this  Act  shall  become  delinquent  at  the  si  m< 
time,  and  draw  interest  from  delinquency  at  the  S!  me 
rate  as  other  general  taxes  in  the  same  city  or  villag'  . 

Treasurer,  notify  company  of  levy.  §  14.  Each  treasi  rei 
into  whose  hands  the  tax  lists  provided  for  in  this  \c\ 
shall  come,  may  notify,  by  mail,  each  company  of  the 
levy  of  such  tax  or  taxes  for  city  and  village  purpo  e^ 
stating  the  amount  thereof.  In  case  such  taxes  s  lall 
not  be  paid  prior  to  the  date  they  become  delinqu  nt 
they  may  be  collected  by  distress  and  sale  of  propi  rtj 
as  other  personal  taxes,  or  an  action  may  be  maintai  tei 
in  the  District  Court  of  any  county  having  jurisdict  on 
on  behalf  of  any  city  or  village  entitled  to  such  ta  ;ea 
to   collect  the   same.  Z  jl 

Delinquency  of  assessor.  §  15.  Any  assessor  failiqfl 
perform  the  duties  required  of  him  by  this  Act,  or  to  m  i^ 
a  true  assessment  and  return  according  to  his  best  itt 
formation  and  judgment,  after  exercising  due  dilige  uce 
with  respect  thereto,  shall  be  fined  in  any  sum  nqj 
exceeding  $500,  or  be  punished  by  imprisonmentj 
to  exceed   30   days. 

Regularity  of  proceedings  presumed — Irregular 
1 16.  The  proceedings  of  the  assessors  and  of  the  b(  art 
and  the  action  of  each  of  them  in  determining  the  as- 
sessable value  of  the  property  of  the  companies,  under  the 
provisions  of  this  Act,  shall  be  presumed  to  be  reg  ilai 
and  valid,  and  the  determination  of  such  assessors  and 
of  the  board  shall  not  be  impaired,  vitiated  or  set  a  ude 
upon  any  grounds  not  affecting  the  substantial  justice  oi 
the  tax.  The  provisions  of  this  Act  prescribing  a  date 
or  period  at,  or  within  which,  any  act  shall  be  per- 
formed or  determination  shall  be  made  by  the  board,  aa 
well  as  all  other  Acts  looking  to  the  orderly  conduc,  of 
the  business  of  any  of  the  officers  herein  provided  for, 
shall  be  deemed  directory  only.  No  tax  assessed  or 
levied  under  the  provisions  of  this  Act  shall  be  held  to 
be  invalid  in  whole  or  in  part  on  account  of  being  as- 
sessed in  the  wrong  name,  or  on  account  of  the  manner 
of  listing,  assessing,  apportioning  or  valuing  any  prop- 
erty of  any  company,  or  on  account  of  the  method  or 
manner  of  ascertaining   and   determining  the   assessable 


in    noi 

"J 


Public  Service  Laws 


859 


value  of  the  property  of  any  company  by  any  assessor 
or  the  board,  unless  such  company  shall  show  that  gross 
Injustice  has  resulted  therefrom. 

Injunction — Payment  of  taxes  due.  §  17.  In  any  action, 
suit  or  proceeding  brought  by  such  company,  or  by  any 
creditor,  stockholder  or  bondholder  thereof,  to  set  aside, 
restrain  or  postpone  the  payment  or  collection  of  any 
tax  levied  upon  the  property  of  any  company  under 
the  provisions  of  this  Act,  no  injunction,  order  or  writ 
to  enjoin  or  restrain  the  payment  or  collection  of  the 
tax  shall  issue  or  be  continued  in  force,  unless  such 
company  shall  pay  to  the  city  or  county  treasurer,  for 
the  benefit  of  any  city  or  village  whase  taxes  are  affected 
thereby,  the  amount  of  taxes  which  the  court  shal, 
determine  primarily  to  be  justly  and  equitably  due  from 
such  company.  Such  primary  determination  shall  be 
made  by  the  court  in  which  the  action,  suit  or  proceeding 
is  pending,  upon  motion  summarily  and  without  delay. 
In  case  the  amount  of  tax  justly  and  equitably  due  from 
the  company  shall  be  finally  determined  to  be  less  than 
the  amount  so  paid,  the  excess  shall  be  refunded  to 
such    company   by    direction    of   the    court. 

Proceedings  when  tax  adjudged  illegal.  §  18.  If  any 
tax,  or  part  thereof,  levied  under  the  provisions  of  this 
Act  shall  be  adjudged  illegal  and  non-enforceable,  or 
shall  be  set  aside  by  any  court  of  competent  jurisdiction 
on  any  ground  whatever,  it  shall  be  the  duty  of  the 
board,  whether  any  part  of  the  taxes  assessed  and  levied 
have  been  paid  or  not,  to  forthwith  reascertain  and  re- 
determine the  value  of  the  property  of  such  company  or 
companies,  if  the  same  shall  be  called  for  by  such  de- 
cision of  the  court,  and  when  such  reassessment  has 
been  made,  to  make  duplicates  of  the  original  assess- 
ment rolls  with  their  valuations  thereon  and  return  the' 
same  to  the  respective  ofHcers  of  the  cities  and  counties, 
as  provided  in  §  13  of  this  Act.  Whereupon  it  shall  be 
the  duty  of  the  city  and  county  officers,  respectively,  to 
make  a  new  computation  and  extend  new  levies  of 
taxes  against  the  company  or  companies  affected  by  the 
order  of  the  court,  which  taxes  shall  be  of  the  same 
force  and  effect  as  an  original  assessment  and  levy 
made  in  accordance  with  law.  The  proceedings  for  such 
reassessment  and  for  the  extension  and  collection  ot 
taxes  upon  such  duplicate  assessment  rolls  shall  be  con- 
ducted in  the  method  originally  provided  as  near  as  may 
be.  The  power  is  hereby  given  to  reassess  the  propertj 
of  any  company  as  often  as  may  be  necessary  until  the 
amount  of  taxes  legally  and  justly  due  from  any  company 
for  any  year  have  been  finally  and  definitely  deter- 
mined under  the  provisions  of  this  Act.  In  case  relevies 
shall  be  made  credit  may  be  given  thereon  of  any 
amounts  paid  upon  the  prior  levy. 

Extent  of  Act.  §  19.  This  Act  shall  not  apply  to,  nor  in 
any  manner  affect  the  assessment,  equalization,  levy  or 
collection  of  any  State,  county,  township,  school  district 
or  road  district  tax,  nor  shall  it  affect  any  assessments 
or  levies  heretofore  made  upon  any  property  in  the  State 
of  Nebraska.  Nor  shall  this  Act  be  construed  to  affect 
any  specific  tax  which  may  now,  or  which  shall  here- 
after, be  provided  for  by  law,  upon  the  property  or 
business  of  any  company  or  association  within  this 
State. 

Repeals.  §  20.  All  other  Acts,  or  parts  of  Acts,  whether 
coutained  in  any  Acts  for  the  incorporation  of  railroad 
companies,  union  station  and  depot  companies,  car  com- 
panies or  freight  line  companies,  or"  in  any  other  law  of 
this  State,  so  far  as  such  Acts,  or  parts  ot  Acts,  are  in- 
consistent with  this  Act,  and  no  further,  are  hereby 
repealed,  except  as  herein  expressly  stated. 

CHAPTER  78. 
ROADS. 

Railroads  obstructing  crossings  iy  rolling  stock.  §  69a. 
It  shall  be  unlawful  for  any  railroad  company  or  for  any 
of  its  oflicers,  agents,  servants  or  employes  to  obstruct 
with  car  or  cars,  engine  or  engines,  or  with  any  other 
rolling  stock,  for  more  than  10  minutes  at  a  time  any  pub- 
lic highway,  street  or  alley  in  any  unincorporated  town  or 
village  in  the  State  of  Nebraska. 

Same,  penalty.  S  69b.  Any  corporation,  person,  firm  or 
individual  violating  any  provision  of  this  Act  shall  upon 


conviction   thereof   be    fined    in   any  sum    not   less   than 
|10  nor  more  than  |100. 

KEPAIBING   CEOSSINGS. 

Crossings.  §  110.  Any  railroad  corporation,  canal  com- 
pany, mill  owner,  or  any  person  or  persons  who  now 
own,  or  may  hereafter  own  or  operate,  any  railroad, 
canal  or  ditch  that  crosses  any  public  or  private  rail- 
road shall  make  and  keep  in  good  repair  good  and  sufii- 
cient  crossings  on  all  such  roads,  including  all  the  grad- 
ing, bridges,  ditches  and  culverts  that  may  be  necessary, 
within  their  right  of  way. 

CHAPTER  90. 
TIME— DAY'S   WORK. 

HOrRS    OF  EMPLOYMENT. 

Railroad  employes.  §  6.  That  no  company,  corporation 
or  person  operating  a  railroad,  in  whole  or  in  part, 
within  the  State  of  Nebraska,  shall  permit  or  require 
any  conductor,  engineer,  fireman,  brakeman,  telegraph 
operator  or  any  trainman  who  has  worked  in  his  respec- 
tive capacity  for  eighteen  consecutive  hours,  except  in 
case  of  casualty  or  unavoidable  emergency,  to  again 
go  on  duty  or  perform  any  work  until  he  has  had  at 
least  eight  hours  for  rest. 

Violation  of  Act— Penalty.  §  7.  Any  company,  corpora- 
tion or  person  who  shall  violate  or  permit  to  be  vio- 
lated, any  of  the  provisions  of  the  foregoing  section, 
or  any  officer,  agent  or  employer  who  violates  or  permits 
to  be  violated  any  of  the  provisions  of  the  preceding 
section  shall  be  fined  not  less  than  $50  nor  more  than 
$200  for  each  and  every  violation  of  this  Act;  provided, 
however,  that  the  proceedings  to  enforce  the  penalty! 
as  provided  in  this  Act,  shall  be  commenced  within 
six  months  from  the  date  of  the  violation  of  the  same. 

Minors,  night  telegraph  operators,  on  railroads.  §  8. 
It  shall  be  unlawful  for/any  common  carrier  within  this 
State  to  put  in  charge  of  any  telegraph  office  or  signal 
tower  between  the  hours  of  7  o'clock  in  the  evening 
and  7  o'clock  in  the  morning,  any  telegraph  operator 
or  towerman  whose  duty  it  shall  be  to  assist  in  the 
movement  of  trains,  unless  such  telegraph  operator  or 
towerman  shall  have  reached  the  age  of  at  least  21 
years;  provided,  this  Act  shall  not  apply  when  such  com- 
mon carrier  is  engaged  in  relieving  its  tracks  of  a  train 
wreck,  an  act  of  God  or  some  public  calamity. 

Violation  of  Act — Penalty.  §  9.  Any  common  carrier 
within  this  State  who  shall  violate  the  provisions  of  §  1 
of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  by  any  court  of  competent  juris- 
diction, shall  be  fined  in  any  sum  of  not  less  than  $5 
nor  more  than  $50  for  every  night  any  such  minor 
person  is  so  employed  in  charge  of  every  such  railway 
station  or  tower. 

CHAPTER  91a. 

TRUSTS. 
ARTICLE  II. 

RESTBAINTS MONOPOLIES,    REBATES. 

Rebates.  §  14.  That  it  shall  be  unlawful  for  any  person 
or  persons  to  offer,  grant  or  give,  or  to  solicit,  accept 
or  receive,  any  rebate,  concession  or  service  in  respect 
of  the  transportation  of  any  property  within  this  State 
by  any  common  carrier,  whereby  any  such  property  shall, 
by  any  device  whatever,  be  transported  at  a  less 
rate  than  that  named  in  the  tariffs  published  and  filed 
by  such  carrier,  as  is  required  by  law  or  charged 
others  for  like  service.  Every  person  who  shall  offer, 
grant  or  give,  or  solicit,  accept  or  receive  any  such 
rebate,  concession  or  service  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  $5,000. 

CIVIL  CODE. 

Railroad—Stage  companies.  §  56.  An  action  against  a 
railroad  company,  or  an  owner  of  a  line  of  mail  stages 
or  other  coaches,  for  any  injury  to  person  or  property 
upon  the  road  or  line,  or  upon  a  liability  as  a  carrier, 
may  be  brought  in  any  court  through  or  into  which  the 
said  road  or  line  passes. 


860 


National  Association  of  Eailway  Commissioners 


CRIMINAL  CODE. 

Train  robbery.  §  13a.  That  If  any  person  shall  stop  any 
railway  train  carrying  passengers  or  mail,  or  both 
passengers  and  mail,  with  Intent  to  rob  any  person 
thereon,  or  to  rob  any  car  attached  thereto,  or  to  rob  any 
mail  pouch,  express  sate  or  box  on  such  train;  or  shall 
wreck  or  attempt  to  wreck,  derail  or  attempt  to  derail, 
any  such  train,  by  any  means  whatever,  with  intent  to 
commit   such   robbery;    or   shall   obstruct  or   detain   such 

.  train,  or  any  locomotive,  tender,  coach,  or  car  attached 
thereto,  with  such  intent,  or  shall  place  upon  any  railway 
track,  or  under  or  about  any  engine,  tender,  coach  or 
car  any  explosive  substance,  with  intent  to  obstruct, 
stop,  detain,  derail,  break  open  or  wreck  such  train, 
for  the  purpose  of  committing  such  robbery,  or  remove 
any  spike,  fish-plate,  frog,  rail,  switch,  tie,  stringer, 
bridge  or  culvert  timber,  or  any  part  thereof,  or  any 
appliance  used  on  such  railway,  with  intent  to  obstruct, 
stop,  detain,  derail  or  wreck  such  train  for  the  purpose 
of  committing  such  robbery;  or  shall  enter  any  locomo- 
tive, tender,  coach  or  car  attached  to  such  train  and 
take  possession  thereof,  or  uncouple  the  same,  for  the 
purpose  of  committing  such  robbery,  or  shall  enter 
any  locomotive,  tender,  coach,  or  cars  attached  to  such 
train  and  take  or  attempt  to  take  possession  thereof,  or 
uncouple  the  same,  for  the  purpose  of  committing  such 
robbery;  or  shall  rifle  any  coach,  car,  safe,  box  or  mail 
pouch  on  such  train;  or  shall  with  force  and  arms 
take  and  carry  away  any  valuable  thing  whatever  from 
such  train,  or  from  any  person  thereon;  or  shall  intimi- 
date, injure,  wound  or  maim  any  person  thereon  with 
Intent  to  commit  such  robbery;  shall  be  deemed  guilty 
of  train  robbery,  and  shall,  upon  conviction  thereof, 
be  imprisoned  in  the  penitentiary  for  life  or  for  any 
term  not  less  than  10  years.  And  if  death  shall  ensue 
from  or  on  account  of  such  act  or  acts  such  person  com- 
mitting  the   same   shall   be   deemed   guilty   of   murder   in 

•  the   first   degree. 

INJURIES  TO  RAILROAD  AND  TELEGRAPH  PROPERTY. 

Railroad  in  operation.  §  93.  Every  person  who  shall 
wilfully  and  maliciously  remove,  break,  displace,  throw 
down,  destroy. or  in  any  manner  injure  any  iron,  wooden 
or  other  rail,  or  any  branches  or  branchways,  or  any  part 
of  the  tracks,  or  any  bridge,  viaduct,  culvert  trestle-work, 
embankment,  parapet  or  other  fixture  or  any  part  there- 
of, attached  to  or  connected  with  such  tracks  of  any 
railroad  in  this  State,  now  in  operation,  or  which  shall 
hereinafter  be  put  in  operation,  or  who  shall  wilfully  and 
maliciously  place  any  obstruction  upon  the  rail  or  rails, 
track  or  tracks  of  any  such  railroad  shall  be  punished 
by  imprisonment  in  the  penitentiary  not  less  than  one 
year  nor  more  than  20  years;  provided,  however,  that  if 
any  person  shall,  by  the  commission  of  either  of  the 
aforesaid  offenses,  occasion  the  death  of  any  person 
or  persons,  the  persons  or  persons  so  offending  shall  be 
deemed  guilty  of  murder  in  the  first  or  second  degree, 
or  manslaughter,  according  to  the  nature  of  the  offense, 
and,  on  conviction  thereof,  shall  be  punished  as  in 
other   cases. 

Stealing  rides  on  railroads.  §  120a.  Every  person  who 
shall  climb  upon,  hold  to  or  attach  himself  in  any  man- 
ner to  any  locomotive  engine,  railroad  train  or  trains 
of  any  character,  while  the  same  are  in  motion  or  not 
In  motion  or  stationary,  or  who  may  ride  or  attempt  to 
ride  upon  any  locomotive  engine,  railroad  train  or 
trains  of  any  character  or  upon  any  part  thereof,  for  the 
purpose  and  with  the  intent  of  stealing  a  ride  thereon 
anywhere  within  this  State,  shall  be  guilty  of  a  misde- 
meanor; provided  this  section  shall  not  apply  to  any  em- 
ploye of  a  railroad  company  operating  such  trains,  lo- 
comotives or  cars,  nor  to  any  other  person  having 
business  with  or  acting  under  the  legal  authority  of 
the  owners  or  operators  thereof. 

Railroad  agent  diverting  freight.  §  133.  Any  railroad 
company,  whose  agent  or  agents  shall  knowingly  divert 
or  permit  to  be  diverted,  any  freight  that  may  come 
under  his  or  their  control,  from  the  railroad  or  railroads 
over  which  the  same  may  have  been  ordered  to  be  con- 
veyed, as  aforesaid,  shall  forfeit  and  pay  to  the  railroad 
company  or  companies  from  which  said  freights  have 
been  so  diverted,  three  times  the  amount  received  for 
transporting    such    freights;    and    such    agent   or   agents 


shall  be  fined  not  more  than  $100  or  imprisoned  in  the 
county  jail  not  more  than  30  days,  or  both,  at  the  dis- 
cretion of  the  court;  provided,  that  the  provisions  of  this 
Act  shall  in  no  way  interfere  with  any  lawful  obliga- 
tions  heretofore   entered  into   by  any  railroad  comi>any. 

Railroad  ticket,  etc.  §  154a.  It  is  hereby  declared  to  be 
unlawful  for  any  person  to  forge,  counterfeit,  change 
or  alter  any  ticket,  check,  order,  coupon,  receipt  for 
fare  or  pass  printed,  written,  lithographed,  engraved,  or 
partly  printed,  written,  lithographed  or  engraved,  issued 
by  or  for  any  railroad  company,  or  by  the  owner,  agent, 
lessee,  officer,  manager  or  agent  of  any  railroad  com- 
pany, and  designed  to  entitle  the  holder  or  holders  to 
ride  on  the  car  or  cars  of  such  railroad  company  with 
intent  to  defraud  any  person  or  persons,  body  politic 
or  corporate;  or  to  have  in  his  possession,  or  to  utter, 
publish,  put  in  circulation,  or  offer  for  sale,  any  such 
forged,  counterfeited,  altered  or  changed  ticket,  check, 
order,  coupon,  receipt  for  fare  or  pass. 

Same — Penalty.  §  154b.  Any  person  found  guilty  of 
forging,  counterfeiting,  altering  or  changing  any  tickt^t, 
check,  order,  coupon,  receipt  for  fare  or  pass  issued  by 
or  for  any  railroad  company,  or  by  the  owner,  agert, 
lessee,  officer  or  manager  of  any  railroad  company,  aiid 
designated  to  entitle  the  holder  to  ride  in  the  car  i)r 
cars  of  any  such  railroad  company;  or  any  perse n 
knowingly  having  in  his  possession,  or  who  knowing  y 
utters,  publishes,  puts  in  circulation,  or  offers  for  sale  aiy 
such  forged,  counterfeited,  altered  or  changed  ticket,  chec  c, 
order,  coupon,  receipt  for  tare  or  pass  with  intent  to  da- 
fraud  any  person  or  persons,  body  politic  or  corporats, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  oi  e 
year  nor  more  than  10  years 

Instruments  for  forging  railroad  tickets,  etc.  §  154c.  tt 
Is  hereby  declared  to  be  unlawful  for  any  i)erson  to  e  i- 
grave  any  plate,  or  make  any  stamp,  die  or  other  devic  ;, 
for  striking,  printing  or  making  any  false  or  counterfe  t 
ticket,  coupon,  receipt  for  fare,  check,  order  or  pai  s 
issued  by  any  railroad  company,  its  officers  or  agent  i, 
designated  to  entitle  the  holder  to  ride  on  the  ci  r 
or  cars  of  such  railroad  company,  knowing  it  to  I  e 
designed  for  that  purpose,  or  shall,  knowingly,  ha%  e 
in  his  possession,  or  secretly  keep,  any  plate,  stan  p 
or  die  for  the  purpose  aforesaid;  and  it  is  liereby  mace 
unlawful  for  any  person  to  engrave,  cut,  indent  or  cau!  e 
to  be  made  any  piece  or  pieces  of  brass,  copper,  rubb<  r 
or  any  other  metal  or  material  for  striking,  printir  ? 
or  altering  any  of  the  writing,  printing,  figures  (  r 
dates  of  any  such  ticket,  coupon,  receipt  for  far  ■, 
check,  order  or  pass  issued  by  any  such  railroad  coi  i- 
pany  as  aforesaid,  knowing  them  to  be  designated  fi  r 
that  purpose;  or  shall  knowingly  have  in  his  possessic  ii 
or  secretly  keep  the  same  for  the  purpose  aforesai(  ; 
every  person  found  guilty  of  violating  of  any  of  tl  e  j, 
provisions  of  this  Act  shall  be  imprisoned  in  the  p«|  — 
tentiary   not   more  than   10  years.  ^ 

Prize  packages.  §  223b.  Whoever  shall  in  this  State,  « 
any  railroad  car,  coach  or  train  practice  any  confident 
game  not  mentioned  in  the  preceding  section,  or  shall 
sell  any  prize  packages  or  other  prize,  or  offer  the  san  e 
for  sale  shall  be  deemed  guilty  of  a  misdemeanor,  an  1, 
upon  conviction  therof,  shall  be  punished  by  a  fii  e 
not  exceeding  $100  and  by  imprisonment  in  the  conn  y 
jail   not   exceeding  three   months. 

Duties  of  conductors  and  brakemen.  §  223c.  It  is  herel  ly 
made  the  duty  of  railroad  conductors,  brakemen  on  ra  1- 
road  trains,  and  of  all  other  persons  cognizant  of  the 
Act,  to  immediately  arrest  the  person  so  offending, 
without  warrant  or  other  process,  and  call  upon  1 11 
bystanders  or  others  for  assistance,  when  the  same  mi^y 
be  necessary  to  enable  them  to  make  such  arrests;  and 
when  such  offense  is  committed  on  any  railroad  v. 
coach  or  train,  the  venue  shall  lie,  and  the  person 
tried  in  any  county  through  which  such  railroad  niav 
run,  any  law  to  the  contrary  notwithstanding;  and  tlie 
employes  of  any  such  railroad  company  shall  have  the 
power  and  authority  to  eject  any  such  person  or  persons 
by  force  from  the  cars  of  such  company  whenever  such 
person  or  persons  shall  be  found  practicing  or  attempting 
to  practice  any  such  game  therein. 

Unclean  cattle  cars.  §  231a.  That  from  and  after  the 
first  day  of  June,  A.  D.   1877,   it   shall  be  unlawful   for 


I 


Public  Service  Laws 


861 


any  railroad  company  operating  its  road  in  this  State, 
to  bring  or  cause  to  be  brought  into  this  State  from  an 
adjoining  State  any  empty  car  used  for  transporting 
togs  or  sheep,  or  any  empty  combination  car  used  for 
carrying  grain  and  stock  that  has  any  filth  of  any  kind 
whatever  in  the  same;  but  the  said  railroad  company 
shall,  before  it  allows  said  car  or  cars  to  pass  into 
this  State,  cause  the  same  to  be  thoroughly  cleaned 
and  cleansed.  Any  person  or  persons  or  corporation 
violating  any  of  the  above  provisions,  and,  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  to  exceed  $100. 

LAWS  GOVERNING   STREET  RAILWAY,  TELEPHONE, 

TELEGRAPH  AND   EXPRESS  COMPANIES. 

CHAPTER  12a. 

CITIES    OF    THE   METROPOLITAN   CLASS. 

Railroad  paving.  §  135.  All  horse,  cable,  steam,  electric 
or  Other  railway  companies  existing  or  hereafter  created 
in  cities  of  the  metropolitan  class  already  incorporated 
or  hereafter  organized,  shall  be  required  to  pave  or  re- 
pave  at  their  own  cost  all  the  space  between  their  rails. 
The  tracks  herein  referred  to  shall  include  not  only 
the  main  tracks,  but  also  sidetracks,  crossings  and 
turnouts  used  by  such  companies,  and  also  when  two 
or  more  companies  occupy  the  same  street  or  alley 
with  separate  tracks,  then  each  company  shall  be  re- 
sponsible for  the  proportion  of  the  surface  of  the  street 
or  alley  occupied  by  all  the  parallel  tracks  as  herein 
required.  Said  paving  or  repaving  by  the  said  railway 
companies  shall  be  done  at  the  same  time  and  shall 
be  of  the  same  material  and  character  as  the  paving 
or  repaving  of  the  streets  upon  which  said  railway  track 
is  located,  unless  other  material  be  specifically  ordered 
by  the   city   council. 

Same — Repairing.     §  136.    All  street  railway  companies 
shall    be    required    to    keep    that    portion    of    the    street 
which    they    are    herein    required    to    pave    and    repave, 
in   good   and   proper   repair,   using  for   said   purpose   the 
same    material   as   the   street   upon   which    the    track   or 
tracks  are  laid  at  the  point  of  repair;   and  as  streets  are 
i  hereafter    paved    or    repaved,    street    railway    companies 
shall    be   required   to   lay   in   the   most   approved   manner 
:  a   standard    flat   rail    to   be   approved   by   the   mayor    and 
I  city  council.     The  tracks  of  all  railway  companies  when 
1  located    upon    the    streets    or   avenues    of    the    city,    shall 
'  be  kept   in   repair  and   safe  in  all  respects  for  the  use 
of  the   traveling   public.     Said   companies   shall   be   liable 
for  all   damages   resulting  by  reason   of   neglect   to  keep 
such   tracks   in    repair   or   for   obstructing   the   streets   or 
1  avenues  of  any  such  city,  for  injuries  to  persons,  to   [or] 
I  property     arising     from     the     failure     of     such     company 
I  to    keep    their    tracks    in    proper    repair    and    free    from 
1  obstructions,  and  the  city  shall  be  exempt  from  liability. 
!'  Any    street    railway    company    now    or    hereafter    having 
I  tracks   upon   the  streets   or   highways  of  any  city   of  the 
I  metropolitan    class    and    failing    to    operate    them    with 
I  cars  for   the   public   use   for  the   period  of   12   months   at 
I  any  time   after  the   laying  of  such   tracks   shall  remove 
such    tracks    from   such    street    or   streets,    and    the    city 
I  council    shall,    by    resolution    order    such    street    railway 
'  company   at   its   sole   cost  and   expense   to   take   up  and 
;  remove   said   tracks   and   to   repave   the   portion   of   said 
street  which  said  street  railway  company  is  obligated  to 
pave,  repave  and  repair,  said  paving  to  be  of  the  same 
material    and    character    as    the    paving    on    the    street 
upon    which    said    tracks    are    laid,    and    if    said    street 
railway    company    shall    fail    or    refuse    to    remove    said 
tracks    from    said    street    and    to    repair    said    street   as 
herein  provided  for  the  period  of  30  daiys  after  the  pas- 
sage  of   such   resolution,   and   service   thereof  upon   said 
•treet   railway   company,   said   city   may   take   up   and   re- 
move  said   tracks   and   repave  the   portion   of  said   street 
which  said  railway  company  is  obligated  to  pave,  repave 
and   repair,   and    the   city   may   recover   the   cost  and   ex- 
pense  thereof   from   said    street   railway   company    in    an 
action    at    law    by    said    city    against    said    company,    or 
said   city   at   its   election   may   proceed   by   mandamus    to 
compel    said    street    railway,    company    to    comply    with 
Bald  resolution.     .The   word   "companies"   as   used   in   this 
Act,   shall   be   taken   to   mean   and   include   any   persons, 
'•  companies,   corporations  or  associations  owning  or  oper- 
:  ating  street  or  other  railways  in  such  city. 


Same — Refusal.  §  137.  In  the  event  of  the  refusal  of 
any  street  railway  company  to  pave,  repave  or  repair, 
as  required  under  the  provisions  of  this  Act,  when  so 
directed  by  the  mayor  and  council,  any  street  upon  which 
their  track  is  laid,  the  mayor  and  council  shall  have 
power  to  pave,  repave  or  repair  the  same  and  the  cost 
and  expense  of  such  paving,  repaving  or  repairing  shall 
be  paid  out  of  the  general  fund  of  said  city,  and  the 
cost  thereof  assessed,  and  levied  against  said  railway 
company  or  companies  and  collected  as  other  taxes. 
Such  tax  shall  constitute  a  prior  lien  on  the  property  of 
such    company. 

Same — Action  for  cost.  §  138.  It  shall  also  be  competent 
for  any  such  city  to  bring  a  civil  action  against  any 
party  owning  or  operating  any  such  street  railway,  and 
liable  to  pay  said  taxes,  to  recover  the  amount  thereof, 
or  any  part  thereof  delinquent  or  unpaid,  in  any  court 
having  jurisdiction  of  the  amount,  and  obtain  judgment, 
and  have  execution  therefor  or  such  other  process  of  law 
as  may  be  necessary,  and  no  property,  real  or  personal, 
shall  be  exempt  from  any  such  execution;  provided,  that 
real  estate  shall  not  be  levied  upon  by  execution,  ex- 
cept by  execution  out  of  the  District  Court  on  a  Judg- 
ment therein,  transcript  of  judgment  filed  therein,  as 
now  provided  by  law.  No  property  seized  by  the  city 
treasurer,  as  hereinbefore  provided  or  upon  any  such 
execution,  shall  be  taken  from  the  oflicer  holding  the 
same  on  any  order  of  replevin.  No  defense  shall  be 
allowed  in  any  such  civil  action,  except  such  as  goes  to 
thf  groundwork,  equity  and  justice  of  the  tax,  and  the 
burden  of  proof  shall  rest  upon  the  party  assailing  the 
tax.  In  case  part  of  such  special  tax  shall  be  shown  to 
be  invalid,  unjust  and  Inequitable,  judgment  shall  be 
rendered  for  such  amount  as  is  just  and  equitable,  and 
costs  shall  follow  the  judgment.  It  shall  be  competent 
for  the  mayor  and  council,  upon  the  written  application 
of  any  company,  association,  corporation  or  person, 
owning  any  such  street  railway,  to  provide  that  such 
special  taxes  shall  become  delinquent  and  be  payable  in 
installments,  as  in  case  of  taxes  levied  upon  real  estate 
as  hereinafter  provided,  but  such  application  shall  be 
taken,  and  deemed  a  waiver  of  any  and  all  objections 
to  such  taxes,  and  to  the  validity  thereof.  Such  appli- 
cation shall  be  made  before  the  final  levy  of  such  taxes. 

Same  at  public  cost.  §  139.  Whenever  the  owners  of  a 
majority  of  the  free  front  of  real  estate  abutting  upon 
any  street  or  part  of  a  street,  or  in  any  improvement 
district  shall  petition  the  mayor  and  council  In  writing 
requesting  the  extension  of  any  horse,  cable,  electric  or 
other  railways,  to  be  constructed  upon  such  street  or 
part  of  a  street  or  in  such  district,  and  in  such  petition, 
waive  the  obligation  of  the  street  railway  company  oi 
the'  owner  of  such  street  railway  to  pave  or  repave  be- 
tween the  rails  of  its  tracks  or  be  assessed  therefor  as 
by  law  provided,  then  the  railway  company  or  owner 
may  construct  a  line  of  railway  along  said  street  or  part 
of  street  and  in  such  district  covered  by  said  petition, 
and  shall  not  be  required  to  pave  or  repave  between 
the  rails  of  its  tracks  or  be  assessed  therefor,  but  such 
paving  or  repaving  shall  be  done  by  the  city  and  paid 
for  by  taxation  upon  property  as  other  paving  or  re- 
paving is  done  by  the  city;  such  petition  shall  be 
spread  on  the  journal  as  a  permanent  record. 

CHAPTER  13. 

CITIES  OP  THE  FIRST  CLASS. 

ARTICLE  I. 

CITIES  BETWEEN  40,000  AND  100,000  INHABITANTS, 

Railways — Use  of  streets — LiaMUties.  §  106.  All  street 
railway  companies,  now  existing  or  hereafter  created,  in 
any  city  governed  by  this  Act,  shall  be  required  to 
pave,  repave  or  repair  between  and  to  1  foot  beyond 
their  outer  rails,  or  in  case  said  railway  use  more  than 
one  track  in  any  street,  they  shall  pave,  repave  or  re- 
pair between  tracks  and  to  one  foot  beyond  their  outer 
rails  where  such  company  owns,  at  their  own  cost.  When- 
ever any  street  shall  be  ordered  paved  or  repaved  by 
the  mayor  and  council  of  the  city,  such  paving  or  re- 
paving shall  be  done  at  the  same  time,  and  shall  be  of 
the   same   material   and   character   as   the   paving  or   re- 


862 


National  Association  of  Eailwat  Commissioners 


I 


paring  of  the  street  upon  which  such  railway  track  is 
located,  unless  other  material  be  specially  ordered  by 
the  mayor  and  council  of  the  city.  Such  street  railway 
companies  shall  be  required  to  keep  that  portion  of 
the  streets  required  by  them  to  be  paved,  repaved  or 
repaired  in  repair,  using  for  said  purpose  the  same  ma- 
terial as  the  streets  upon  which  the  track  is  laid  at  the 
point  of  repair,  or  such  other  material  as  the  mayor  and 
council  may  require  and  order  upon  the  streets  in  cities 
governed  by  this  Act,  as  streets  hereafter  paved  or  re- 
paved.  Street  railway  companies  shall  be  required  to 
lay,  in  the  best  approved  manner,  the  center  bearing  rail 
to  be  approved  by  the  council,  the  top  of  which  shall 
not  be  more  than  %  inch  above  the  top  of  the  pave- 
ment. Track  of  railway  companies,  when  located 
upon  the  streets  or  avenues  of  the  city,  shall  be  kept 
in  repair  and  safe  in  all  respects  for  the  use  of  the 
traveling  public,  and  such  companies  shall  be  liable 
for  all  damages  resulting  by  reason  cf  neglect  to  keep 
such  track  in  repair,  or  for  obstructing  the  streets  or 
avenues  of  such  city.  For  injuries  to  persons  or  prop- 
erty arising  wholly  from  a  failure  of  such  companies  to 
keep  their  tracks  in  proper  repair  and  free  from  ob- 
struction, such  company  shall  be  liable  and  the  city  shall 
be  exempt  from  liability.  The  words  "street  railway 
company,"  as  used  in  this  Act,  shall  be  taken  to  mean 
and  include  any  persons,  companies,  corporations  or 
associations,  owning  any  street  railway  in  said  city. 
Any  street  railway  company  which  shall  abandon  the 
use  of,  and  fail  to  use,  its  line  of  railway  or  any  material 
portion  thereof  for  railway  purposes,  or  shall  fail  to 
pay  its  paving  taxes  and  assessments  provided  by  this 
Act,  as  by  law  provided,  shall  be  subject  to  forfeiture 
of  its  charter,  and  upon  reasonable  notice  in  writing 
served  upon  such  company,  the  city  council  shall  have 
power  by  ordinance  to  declare  the  charter  of  such  com- 
pany forfeited,  and  the  city  council  may  cause  the  said 
unused  tracks  to  be  taken  up  and  the  street  and  paving 
repaired,  and  may  assess  the  cost  of  the  same  to  the  said 
street  railway  company,  and  may  collect  the  said  costs 
as  a  special  tax  against  said '  company. 

Special  assessments.  §  107.  In  the  event  of  the  refusal 
or  neglect  of  such  street  railway  companies  to  pave, 
repave  or  repair,  when  so  directed  by  the  mayor  and  city 
council,  upon  the  grading,  paving  or  repaving .  of  any 
street  upon  which  their  track  is  laid,  the  mayor  and 
council  shall  have  power  to  pave,  repave  or  repair  the 
same,  and  the  cost  of  such  paving,  repaying  or  repairing 
may  be  collected  by  levy  and  sale  of  any  real  or  per- 
sonal property  of  said  street  railway  company,  the  same 
as  special  taxes  are  collected.  Special  taxes  for  paying 
the  cost  of  such  paving  or  repaying,  macadamizing  or 
repairing  of  any  such  street  railway  may  be  levied 
upon  the  track,  including  the  ties,  iron,  roadbed  and 
right  of  way,  sidetracks  and  appurtenances,  including 
buildings  and  real  estate  belonging  to  such  company  or 
persons,  and  used  for  the  purpose  of  such  street  ratlway 
business,  all  as  one  property,  or  upon  such  part  of  such 
tracks,  appurtenances  and  property  as  may  be  within 
the  district  paved,  repaved,  macadamized  or  repaired,  or 
any  part  thereof,  and  shall  be  a  lien  upon  the  property 
of  such  company  in  Its  entirety  as  one  property,  from 
the  time  of  the  levy  until  satisfied.  The  lien  so  created 
shall  attach  in  like  manner  and  with  like  effect  to  all 
property  of  such  company  or  companies  after  acquired, 
which  shall  be  used  in  the  operation  of  such  railway. 
No  mortgage,  conveyance,  pledge,  transfer  or  encum- 
brance of  any  of  such  property  cf  any  such  company 
shall  be  made  or  suffered,  except  subject  to  the  actual 
or  prospective  lien  of  such  special  taxes,  whether  ac- 
tually levied  or  not,  such  special  taxes,  when  levied, 
shall  constitute  a  lien  upon  the  property  of  such  rail- 
way, in  its  entirety  and  as  one  property,  prior  and  su- 
perior to  all  other  liens  or  encumbrances,  except  liens 
for  taxes  or  for  other  special  assessments.  The  treasurer 
shall  have  the  power  and  authority  to  seize  any  personal 
property  belonging  to  any  such  person  or  company  for 
the  satisfaction  of  any  such  special  taxes,  when  delin- 
quent, and  to  sell  the  same  upon  the  same  advertise- 
ment and  in  the  same  manner  as  constables  are  now 
authorized  to  sell  personal  property  upon  execution  at 
law,    but    failure    to    do    so    shall    In    no  wise  affect  or 


impair  the  lien  of  the  tax  or  any  proceeding  allow* 
by  law  for  the  enforcement  thereof.  The  railroad  tra( 
or  any  other  property  upon  which  such  special  tax( 
shall  be  levied,  or  so  much  thereof  as  may  be  necessar 
may  be  sold  for  the  payment  of  such  special  taxes  ; 
the  same  manner  and  with  the  same  effect  as  real  estat 
upon  which  such  special  taxes  may  be  levied,  may  1 
sold.  It  shall  also  be  competent  for  any  such  city  ■ 
brinfr  civil  action  against  any  party  owning  or  operatii 
any  such  street  railway  ajid  liable  to  pay  said  taxes,  ' 
recover  the  amount  thereof,  or  any  part  thereof  d 
linquent  and  unpaid,  in  any  court  having  jurisdiction  • 
the  amount  and  obtain  judgment  and  have  executi< 
therefor,  and  no  property,  real  or  personal,  shall  1 
exempt  from  any  such  execution;  provided,  that  re 
estate  shall  not  be  levied  upon  by  execution,  except  1 
execution  out  of  the  District  Court,  on  a  judgme] 
thrrein  or  transcript  of  a  judgment  filed  therein,  i 
now  provided  by  law.  No  property  seized  by  the  "rea 
urer  as  hereinbefore  provided,  or  upon  any  such  exec 
tion,  shall  be  taken  from  the  ofHcer  holding  the  san 
upon  any  order  of  replevin.  No  defense  shall  be  allow( 
in  any  such  ffvil  action,  except  such  as  goes  tc  tl 
groundwork,  equity  and  justice  of  the  tax,  and  the  bv 
den  of  proof  shall  rest  upon  the  party  assailing  tht  ta 
In  case  part  of  such  special  assessment  shall  be  siov 
to  be  invalid,  unjust  or  inequitable,  judgment  shall  1 
render€(l  for  such  amount  as  is  just  and  equitable,  ai 
costs  shall  follow  the  judgment.  It  shall  be  compate 
for  the  mayor  and  council,  upon  a  written  applicatk 
of  any  company,  association,  corporation  or  person  ow 
ins  any  such  street  railway,  to  provide  that  such  si  eel 
tax  shall  become  delinquent  and  payable  in  installn  enl 
as  in  case  of  taxes  levied  upon  abutting  real  esta  e  i 
hereinbefore  provided,  but  such  application  shall  be  tak( 
and  deemed  a  waiver  of  any  and  all  objections  to  su( 
taxes  and  to  the  validity  thereof.  Such  application  shi 
be  made  at  or  before  the  final  levy  of  such  taxes.  Tl 
provisions  of  this  Act  In  regard  to  the  levy,  colle  'tU 
and  enforcement  of  special  taxes  to  pay  the  coi  t 
paving,  repaving,  macadamizing  or  repairing  of  any  sm 
street  railways  shall  apply  to  all  such  special  taxes 
after  levied. 


]| 


ARTICLE  ir. 

CITIES    BETWEEN    25,000   AND   40,000   INHABITANT! 

Railroad  paving.  §  128.  V.  All  horse,  cable,  steam,  eU 
trie,  or  other  railway  companies,  existing  or  hereafte  ci 
ated  in  cities  of  such  class,  already  incorporated  or  liei 
after  organized,  shall  be  requested  to  pave  or  repai  e, 
their  own  cost,  all  the  space  between  the  rails  c  f  1 
tracks  herein  referred  to  shall  include  not  only  the  ma 
tracks,  but  also  the  sidetracks,  crossings  and  tur  ion 
used  by  such  companies,  and  also  when  two  or  mo 
companies  occupy  the  same  street  or  alley  with  sep  ira 
tracks,  then  each  company  shall  be  responsible  fo  tl 
proportion  of  the  surface  of  the  street  or  alley  occ  ipl 
by  all  the  parallel  tracks,  as  herein  required,  said  pa 
ing  or  repaving  by  the  said  railway  shall  be  doi  e 
the  same  time  and  shall  be  of  the  same  materia'  ai 
character  as  the  paving  or  repaving  of  the  stree  s 
alleys  upon  which  the  same  railway  track  or  tracks  a 
located,  unless  other  material  be  specially  ordere^ 
the  mayor  and  council. 


Brtdjj 

4 


Use  of  street  ty  railroad.    VI.    All  street  railwaj 
panics    shall    be    required    to    keep    that    portion    o '   \ 
street,   which   they   are   herein   required  to   pave   ard   i 
pave,  in  good  and  proper  repair,  using  for  said   pui  pos 
the   same   material   as   the   street   upon    which   the   trai 
or  tracks  are  laid   at  the  point  of  repair,   or   such  oth 
material  as  the  mayor  and  council  may  require  and  ord 
and,    as   streets   are   hereafter   paved   or   repaved,    stre 
railway   companies  shall  be  required  to  lay,  in   the  rac 
approved  manner,  a  flat  rail  to  be  approved  by  the  ; 
and  council.     The  tracks  of  all  railway  companies, 
located   upon   the   streets   or   avenues   of   the   city,   mi> 
be  kept  in  repair  and  safe  in  all  respects  for  the  use 
the  traveling  public,  and  said  company  shall  be  liable  t 
all    damages    resulting    by"   reason    of    neglect    to    kei 
such   tracks   in   repair  or   for   obstructing   the   streets 
avenues    of    any    such    city,    for    injuries    to    persons 
property    arising   from   the   failure   of   such    company 


Public  Service  Laws 


863 


keep  their  tracks  in  proper  repair  and  free  from  ob- 
structions, sucli  company  shall  be  liable  and  the  city 
shall  be  exempt  from  liability.  The  word  "companies," 
as  used  in  this  Act,  shall  be  taken  to  mean  and  include 
any  persons,  companies,  corporations  or  associations 
owning  or  operating  any  street  or  other  railway  in  any 
such  city. 

Railroad  refusing  to  pave,  repave  or  repair.  VII.  In 
the  event  of  the  refusal  of  any  street  railway  company 
to  pave,  repave  or  repair,  as  required  under  the  pro- 
visions of  this  Act,  when  so  directed  by  the  mayor  and 
council,  upon  the  paving  or  repaving  of  any  street  upon 
which  their  tracks  are  laid,  the  mayor  and  council  shall 
have  the  power  to  pave,  repave  or  repair  the  same  and 
the  cost  and  expense  of  such  paving,  repaving  or  re- 
pairing may  be  collected  by  levy  and  sale  of  any  real 
or  personal  property  of  said  street  railway  company,  tha 
same  as  special  taxes  are  collected. 

Special  assessments  against  railroad — Collection.  VIII. 
Special  taxes  for  the  purpose  of  paying  the  cost  of 
paving  or  repaving,  macadamizing  or  repairing  of  any 
street  railway,  as  elsewhere  provided,  may  be  levied 
upon  the  track,  including  the  ties,  iron  roadbed,  and 
right  of  way,  sidetracks  and  appurtenances,  including 
buildings  and  real  estate  belonging  to  any  such  company 
or  persons  and  used  for  the  purpose  of  such  street  rail- 
way business  all  as  one  property;  or  upon  such  part  of 
track,  appurtenances  and  property,  as  may  be  within 
the  district  paved,  repaved,  macadamized  or  repaired,  or 
any  part  thereof  and  shall  be  a  lien  upon  the  property 
upon  which  levied  from  time  of  the  levy  until  satisfied. 
No  mortgage,  conveyance,  pledge,  transfer  or  incum-' 
brance  of  any  such  property  of  any  such  company  or 
person,  or  any  of  its  rolling  stock  or  personal  property 
crpated  or  suffered  by  a  company  or  party,  after  the 
time  when  any  street  or  part  thereof,  upon  which  any 
street  railways  shall  be  land  [laid],  shall  have  been 
ordered  paved,  repaved,  macadamized  or  repaired,  shall 
be  made  or  suffered,  except  to  the  actual  or  prospec- 
tive lien  of  such  special  taxes,  whether  actually  levied 
or  not,  if  such  levy  be  in  contemplation.  The  city  treas- 
urer shall  have  the  power  and  authority  to  seize  any 
personal  property  belonging  to  any  such  person  or  com- 
pany for  the  satisfaction  of  any  such  special  taxes,  when 
delinquent,  and  to  sell  the  same  upon  advertisement  in 
the  same  manner  as  constables  are  now  authorized  to  sell 
personal  property  upon  execution  at  law,  but  failure  to 
do  so  shall  in  no  wise  affect  or  impair  the  lien  or  the 
tar  or  any  proceedings  allowed  by  law  for  the  enforce- 
ment thereof.  The  railway  track  or  any  such  property, 
upon  which  such  special  taxes  shall  be  levied,  or  so 
much  thereof  as  may  be  necessary,  may  be  sold  for  the 
payment  of  such  special  taxes  in  the  same  manner  and 
with  the  same  effect  as  real  estate,  upon  which  such 
special  taxes  may  be  levied,  may  be  sold.  It  shall  also 
be  competent  for  any  city  to  bring  a  civil  action  against 
any  party  owning  or  operating  any  such  street  railway 
and  liable  to  pay  such  taxes  to  recover  the  amount 
thereof  or  any  part  thereof  delinquent  and  unpaid,  in 
any  court  having  jurisdiction  of  the  amount  and  obtain 
judgment  and  have  execution  therefor  and  no  property, 
real  or  personal,  shall  be  exempt  from  any  such  execu- 
tion; provided,  that  such  real  estate  shall  not  be  levied 
upon  by  execution,  except  by  execution  out  of  the  Dis- 
trict Court  on  a  judgment  therein,  or  transcript  of  judg- 
ment filed  therein,  as  now  provided  by  law.  No  property 
seized  by  the  city  treasurer,  as  hereinbefore  provided, 
or  upon  any  such  execution,  shall  be  taken  from  the 
officer  holding  the  same  on  any  order  or  replevin.  No 
defense  shall  be  allowed  in  any  such  civil  action,  ex- 
cept such  as  goes  to  the  groundwork,  equity  and  justice 
of  the  tax,  and  the  burden  of  proof  shall  rest  upon  the 
party  assailing  the  tax.  In  case  part  of  such  special 
tax  shall  be  shown  to  be  invalid,  unjust  and  inequitable, 
judgment  shall  be  rendered  for  such  an  amount  as  is 
just  and  equitable  and  costs  shall  follow  the  judgment. 
It  shall  be  competent  for  the  mayor  and  council,  upon 
the  written  application  of  any  company,  association, 
corporation  or  person  owning  any  such  street  railway, 
to  provide  that  such  special  taxes  shall  become  de- 
linquent and  be  payable  in  installments,  as  in  cases  of 
taxes   levied    upon   the   abutting   real    estate,    as   herein- 


after provided,  but  such  application  shall  [be]  taken 
and  deemed  a  waiver  of  any  and  all  objections  to  such 
taxes  and  to  the  validity  thereof.  Such  application  shall 
be  made  before  the  final  levy  of  such  taxes.  Whenever 
the  owners  of  a  majority  of  the  feet  front  of  real  estate 
abutting  upon  any  street  or  part  of  the  street,  or  in  any 
improvement  district,  shall  petition  the  mayor  and 
council  in  writing  requesting  the  extension  of  any  horse, 
cable,  electric  or  street  railway,  to  be  constructed  upon 
any  such  street  or  part  of  a  street  or  in  such  district, 
and  in  such  petition  waive  the  obligations  of  the  straet 
railway  company  or  the  owners  of  such  street  railway, 
to  pave  or  repave  between  the  rails  of  its  tracks,  or  tc 
be  assessed  therefor,  as  by  law  provided,  then  the  street 
railway  company  or  owners  may  construct  a  line  of 
street  railway  along  said  street  or  part  of  street,  and  in 
such  district  covered  by  said  petition,  and  shall  not  be 
required  to  pave  or  repave  between  the  rails  of  its 
tracks  or  be  assessed  therefor,  but  such  paving  or  re- 
paving shall  be  done  by  the  city  and  paid  for  by  taxa- 
tion upon  the  abutting  property,  as  other  paving  or  re- 
pairing is  done  by  the  city;  such  petitions  shall  be 
spread  upon  the  journal  as  a  permanent  record. 

ARTICLE  III. 

CITIES    OVER   5,000    AND   LESS   THAN    25,000   INHABITANTS. 

Railways,  use  of  streets,  UaMlity.  §  68.  All  street  rail- 
way companies  now  existing  or  hereafter  created,  in 
any  city  governed  by  this  Act,  or  that  shall  be  hereafter 
organized  thereunder,  shall  be  required  to  pave  or  re- 
pave between  and  to  1  foot  beyond  their  outer  rails, 
or  in  case  said  railway  uses  more  than  one  track  in 
any  street,  they  shall  pave  between  and  to  1  foot  be- 
yond their  outer  rails,  where  such  company  owns,  at 
their  own  cost.  Whenever  any  street  shall  be  ordereci 
paved  or  repaved  by  the  mayor  and  city  council  of  such 
city,  such  paving  or  repaving  shall  be  done  at  the  same 
time  and  shall  be  of  the  same  material  and  character 
as  the  paving  or  repaving  of  the  street  upon  which  said 
railway  track  is  located,  unless  other  material  be  spe- 
cially ordered  by  the  board  of  public  works  or  mayor 
and  council.  Such  street  railway  companies  shall  be 
required  to  keep  that  portion  of  the  street  required  by 
them  to  be  paved  in  repair,  using  for  said  purpose  the 
same  material  as  the  streets  upon  which  the  track  is 
laid  at  the  point  of  repair,  or  such  other  material  as  the 
board  of  public  works  or  mayor  and  council  may  require 
and  order  upon  streets  in  cities  governed  by  this  Act; 
as  streets  are  hereafter  paved  or  repaved,  street  railway 
companies  shall  be  required  to  lay  their  track  in  the 
best  approved  manner.  The  track  of  all  railway  com- 
panies, when  located  upon  the  streets  or  avenues  of  the 
city,  shall  be  kept  in  repair  and  safe  in  all  respects  for 
the  use  of  the  traveling  public,  and  such  companies  shall 
be  liable  for  all  damages  resulting  by  reason  of  neglect 
to  keep  such  tracks  in  repair,  or  for  obstructing  the 
streets  or  avenues  of  such  city.  For  injuries  to  persons 
or  property  arising  wholly  from  the  failure  of  such  com- 
pany to  keep  their  tracks  in  proper  repair  and  free  from 
obstruction,  such  companies  shall  be  liable  and  the  city 
shall  be  exempt  from  liability.  The  words  "street  rail- 
way companies,"  as  used  in  this  Act,  shall  be  taken  to 
mean  and  include  any  persons,  companies,  corporations 
or  associations  owning  any  street  railway  in  any  such 
city. 

Special  assessments.  §  69.  In  the  event  of  the  refusal 
or  neglect  of  any  such  street  railway  companies  to 
pave,  repave  or  repair,  when  so  directed  by  the  mayor 
and  council,  upon  the  paving  or  repaving  of  any  street 
upon  which  their  track  is  laid,  the  mayor  and  council 
shall  have  power  to  pave,  repave  or  repair  the  same  and 
the  cost  and  expenses  of  such  paving  or  repaving  or 
repairing  may  be  collected  by  levy,  and  sale  of  any  real 
or  personal  property  of  said  street  railway  company, 
the  same  as  special  taxes  are  collected.  Special  taxes 
•for  the  purpose  of  paying  the  costs  of  any  such  paving, 
repaving,  macadamizing  or  repairing  of  any  such  railway 
may  be  levied  upon  the  track,  including  the  ties,  iron, 
roadbed  and  right  of  way,  sidetracks  and  appurtenances. 
Including  buildings  and  real  estate  belonging  to  any 
such  company  or   persons,  and  used  for  the  purpose   of 


864 


National  Association  of  Railway  Commissioners 


I 


such  street  railway  business,  all  as  one  property,  or 
upon  such  part  of  such  tracks,  appurtenances  and  prop- 
erty as  may  be  within,  the  district  paved,  repaved, 
macadamized,  or  repaired,  or  any  part  thereof,  and  shall 
be  a  lien  upon  the  property  upon  which  levied  from  the 
time  of  the  levy  until  satisHed.  No  mortgage,  conveyance, 
pledge,  transfer  or  incumbrance  of  any  such  property  of 
any  such  company  or  person,  cr  of  any  of  its  rolling 
Btock  or  personal  property,  created  or  suffered  by  any 
such  company  or  party,  after  the  time  when  any  street 
or  plat  thereof,  upon  which  any  such  street  railway 
shall  have  been  laid,  shall  have  been  ordered  paved,  re- 
paved,  macadamized  or  repaired,  shall  be  made  or 
Buffered,  except  subject  to  the'  actual  or  prospective 
lien  of  such  special  taxes,  whether  actually  levied  or 
not,  if  such  levy  be  in  contemplation.  The  treasurer 
shall  have  the  power  and  authority  to  seize  any  personal 
property  belonging  to  any  such  person  or  company  for 
the  satisfaction  of  any  such  special  taxes,  when  delin- 
quent, and  to  sell  the  same  upon  the  same  advertise- 
ment and  the  same  manner  as  constables  are  now  au- 
thorized to  sell  personal  property  upon  execution  at  law, 
but  failure  to  do  so  shall  in  no  wise  affect  or  impair 
the  lien  of  the  tax  or  any  proceedings  allowed  by  law 
for  the  enforcement  thereof.  The  railroad  track  or  any 
other  property  upon  which  such  special  taxes  shall  be 
levied,  or  so  much  thereof  as  may  be  necessary,  may 
be  sold  for  the  payment  of  such  special  taxes  in  tha 
same  manner  and  with  the  same  effect  as  real  estate 
upon  which  such  special  taxes  may  be  levied  may  be 
sold.  It  shall  also  be  competent  for  any  such  city  to 
bring  a  civil  action  against  any  party  owning  or  operat- 
ing any  such  street  railway  and  liable  to  pay  said  taxes 
to  recover  the  amount  thereof  or  any  part  thereof  de- 
linquent and  unpaid,  in  any  court  having  jurisdiction  of 
the  amount,  and  obtain  judgment  and  have  execution 
therefor,  and  no  property,  real  or  personal,  shall  be 
exempt  from  any  such  execution;  provided,  that  real 
estate  shall  not  be  levied  upon  by  execution,  except  by 
execution  out  of  the  District  Court  on  a  judgment 
therein,  or  transcript  of  a  judgment  filed  therein,  as  now 
provided  by  law.  No  property  seized  by  the  treasurer, 
as  hereinbefore  provided,  or  upon  any  such  execution, 
shall  be  taken  from  the  officer  holding  the  same  or 
any  order  or  replevin.  No  defense  shall  be  allowed  in 
any  such  civil  action,  except  as  goes  to  the  ground- 
work, equity  and  justice  of  the  tax,  and  the  burden  of 
proof  shall  rest  upon  the  party  assailing  the  tax.  In 
case  part  of  such  special  tax  shall  be  shown  to  be  in- 
valid, unjust  and  inequitable,  judgment  shall  be  rendered 
for  such  amount  as  is  just  and  equitable,  and  costs 
shall  follow  the  judgment.*  It  shall  be  competent  for 
the  mayor  and  council,  upon  written  application  of  any 
company,  association,  corporation  or  person  owning  any 
such  street  railway,  to  provide  that  such  special  taxes 
shall  become  delinquent  and  payable  in  installments, 
as  in  case  of  taxes  levied  upon  abutting  real  estate,  as 
hereinbefore  provided,  but  such  application  shall  be 
taken  and  deemed  a  waiver  of  any  and  all  objections  to 
euch  taxes,  and  to  the  validity  thereof.  Such  applica- 
tion shall  be  made  at  or  before  the  final  levy  of  such 
taxes.  The  provisions  of  this  Act  in  regard  to  the  levy, 
collection  and  enforcement  of  special  taxes  to  pay  the 
cost  of  paving,  repaying  or  macadamizing  or  repairing  of 
any  such  street  railways  shall  apply  to  all  such  special 
taxes  hereafter  levied. 

CHAPTER  14A. 

CITIES    AND    VILLAGES    GENERALLY. 

ARTICLE  I. 

PROVISIONS  APPLICABLE  TO  ANY  CITY  OR  VILLAGE. 

Free  transportation — Street  railways.  §  1.  It  is  hereby 
declared  to  be  unlawful  for  any  street  railway  company, 
its  officers  or  agents,  in  any  city  or  village  in  this  State, 
to  carry  any  officer,  either  elective  or  appointive,  of 
such  city  or  village,  except  the  chief  and  members  of 
the  Are  department  and  policemen  of  said  city  or  vil- 
lage, upon  its  cars  free  of  charge,  or  for  a  smaller 
charge  and  price  than  it  charges  other  patrons  for  similar 
service,  or  to  furnish  to  any  such  officer  a  free  pass, 
authorizing  such  ofiBcer  to  ride  or  be  carried  free  on  the 


cars  of  any  such  street  railway  company,  or  to  furnish 
to  any  such  officer  free  of  charge  any  emblem  or  em- 
blems, upon  metal  or  other  substance,  whereby  such 
officer  may  be  carried  free  upon  the  cars  of  such  street 
railway  company;  or  to  resort  to  any  other  means 
whereby  any  such  officer  may  be  enabled  to  ride  free  of 
charge,  or  for  a  less  charge  or  price  than  such  company 
exacts  from  other  customers  for  similar  services,  upon 
any  such  street  railway  company's  cars.  A  violation  of 
any  of  the  provisions  of  this  section,  by  a  street  rail- 
way company,  shall  be  punishable  by  a  fine  of  not  less 
than  J200  nor  more  than  |500,  and  the  officer  or  agent 
of  said  company,  acting  for  the  company  in  any  such 
violation,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  a  period  of  not  less  than  30  days  nor 
more  than  six  months;  provided,  that  if  any  conductor 
in  charge  of  any  street  car  shall,  in  obedience  to  any 
free  pass,  or  by  any  other  direction  of  the  company,  or 
its  managing  officers,  permit  any  person  to  ride  free 
upon  such  car,  such  conductor  shall  not  be  deemed  by 
reason  of  such  act  to  have  violated  any  of  the  pro- 
visions of  this  section. 

Same.  §2.  If  any  officers  except  the  chief  and  mtm- 
bers  of  the  fire  department  and  policemen,  either  elective 
or  appointive,  in  any  city  or  village  in  this  State,  shall 
accept  and  use  any  free  pass  from  a  street  railway  com- 
pany in  the  city  or  village  for  which  he  is  an  officsr, 
whereby  such  officer  is  enabled  to  be  carried  free  of 
charge  upon  the  cars  of  such  street  railway,  or  shill 
accept  and  use  any  emblem  or  emblems  upon  metal  or 
other  substance  whereby  such  officer  is  enabled  to  be 
carried  free  of  charge  upon  the  cars  of  any  such  stn  et 
railway  company,  or  shall  resort  to  any  other  means 
whereby  he,  as  such  officer,  shall  be  carried  free  of 
cnarge,  or  for  a  less  price  or  charge  than  such  com- 
pany exacts  from  others  for  similar  service,  upon  the 
cars  of  any  such  street  railway  company,  he  shall,  or 
every  such  offense,  upon  conviction,  be  punished  by  a 
fine  of  not  less  than  $100  nor  more  than  $500,  and  by 
imprisonment  in  the  county  jail  for  a  pericd  of  not  h  ss 
than  30  days  nor  more  than  90  days,  and  shall,  mo  e- 
over,  forfeit  his  office  at  the  time  held  by  him;  p  o- 
vided,  that  each  time  any  such  officer  shall  ride  fi  ee 
upon  any  such  street  railway  cars  by  reason  or  met  as 
of  any  free  pass,  emblem  or  emblems,  or  by  resort  to 
any  other  means,  shall  constitute  a  violation  of  the  p  o- 
visions  of  this  section  by  such  officer,  and  shall  also  be 
a  violation  of  §  1  of  this  Act  by  such  street  rail«  aj 
company.  ' 


il^aa 


Free  telephone  service.  §  3.  It  is  hereby  declared  to 
unlawful  for  any  telephone  company  to  furnish  to  e  ay 
officer  of  any  city  or  village  in  this  State,  whether  si  ch 
officer  be  elective  or  appointive,  a  telephone  free  of 
charge,  or  for  a  price  less  than  is  charged  other  c  is- 
tomers  for  similar  service,  or  for  any  such  officer  to 
accept  such  telephone  or  telephone  service  free  of 
charge,  or  at  less  price  than  shall  be  charged  to  otKer 
customers  for  similar  service.  Any  violation  of  this  fee- 
tion  by  a  telephone  company  shall  be  punished  by  a 
fine  of  not  less  than  $100  nor  more  than  $500,  and  he 
officer  or  agent  of  any  such  telephone  company,  act  ng 
or  assisting  in  such  violation,  shall  be  punished  by  m- 
prisonment  in  the  county  jail  not  less  than  30  days  lor 
more  than  six  months,  and  any  violation  of  this  sect  on 
by  any  officer  of  any  such  city  or  village  shall  subj  "ct 
him  to  a  fine  of  not  less  than  $100  and  not  more  tl  an 
$500,  and  by  imprisonment  in  the  county  jail  foi  a 
period  of  not  more  than  90  days,  and  he  shall,  ujion 
conviction,  forfeit  the  office  held  by  him  at  the  time 
committing  such  offense. 

CHAPTER  26a. 

ELECTRIC    COMPANIES. 

Right-of-way  along  highways  or  railroads.  §  1.  Thi 
persons,  associations  and  corporations  engaged  in ' 
generating  and  transmitting  of  electric  current  for  sale 
in  this  State  for  power  or  other  purposes,  are  hereby 
granted  the  right  of  way  for  all  necessary  poles  und 
wires  along,  within  and  across  any  of  the  public  highways 
of  this  State;  provided,  that  such  persons,  associations 
or  corporations  shall  be  liable  for  all  damages  to  private 


Public  Service  Laws 


865 


p.-operty  by  reason  of  the  use  of  the  public  highways  foi* 
said  purpose,  the  same  to  be  assessed  in  the  manner 
prescribed  for  the  condemnation  of  the  right  of  way  for 
railroad  purposes;  provided,  further,  that  all  such  wires 
shpll  be  placed  at  least  20  feet  above  all  road  crossings, 
and  that  all  such  poles  and  wires  shall  be  so  placed  as 
not  to  interfere  with  the  public  use  of  any  such  high- 
ways. And  whenever  practicable  said  poles  shall  be  set 
upon  the  line  of  such  highways;'  and  further  provided, 
that  where  such  persons,  associations  or  corporations 
seek  to  carry  one  or  more  of  such  wires  over  and  across 
the-  railroad  track  or  tracks,  telegraph  wires  or  right  of 
wr^ys  of  any  railroad  company  in  this  State,  where  the 
same  intersects  and  crosses  streets,  highways  and  alleys 
and  other  public  thoroughfares,  or  elsewhere,  said  per- 
sons, associations  or  corporations  shall  first  endeavor 
to  agree  by  a  contract  as  to  the  manner  and  kind  of 
crossing  to  be  constructed  (which  shall  in  no  case  be  less 
than  27  feet  above  the  top  of  the  rails  of  any  railroad 
tracks),  and  the  compensation,  it  any.  to  be  awarded 
as  damages.  If  no  agreement  can  be  had  with  any 
such  railroad  company  as  to  the  manner  and  kind  of 
crossing,  or  compensation  to  be  awarded,  then  such  per- 
sons, associations  or  corporations  may  proceed  to  have 
the  same  ascertained  and  determined  by  commissioners 
to  be  selected  as  provided  in  §97  of  chapter  16  relating 
to  the  condemnation  of  the  right  of  way  for  railroad  pur- 
poses; provided,  further,  if  any  such  person  or  persons, 
associations  or  corporations  so  engaged  in  generating 
and  transmitting  electric  currents  for  power  or  other 
purposes  by  means  of  wires,  shall  construct  or  place  the 
same  over  the  railroad  tracks,  telegraph  wires  or  right 
of  way  of  any  railroad  company,  without  having  first 
complied  with  the  provisions  of  this  Act,  such  person  or 
persons,  associations  or  corporations,  upon  conviction 
therefor,  shall  be  punished  by  a  fine  not  exceeding  $500; 
provided,  further,  that  nothing  herein  contained  shall  be 
construed  to  grant  any  rights  within  the  corporate  limits 
of  any  village  or  city  of  the  first  and  second  class  or 
metropolitan   class   in   this    State. 

Injuries  to  poles  or  wires.  §  2.  Any  person  who  shall 
wilfully  and  maliciously  break,  injure,  remove  or  other- 
wise interfere  with  any  of  such  poles  or  wires  of  any 
such  persons,  associations  or  corporations  shall,  upon 
convict'on  thereof  be  punished  by  a  fine  not  exceeding 
$500  or  by  imprisonment  in  the  county  jail  not  exceeding 
three  months  or  by  both  such  fine  and  imprisonment  in 
the    discretion    of    the    court. 

CHAPTER  72. 
ARTICLE  VII. 

STREET    R.\ILW.\Y.S. 

Kailicay  corporations.  §  1.  Any  number  of  persons  may 
be  associated  and  incorporated  under  the  general  laws 
of  this  State  providing  for  the  creation  of  corporations 
for  the  purpose  of  constructing  and  operating  a  street 
railroad  within  any  of  the  cities  of  this  State,  upon 
procuring  the  consent  of  a  majority  of  the  electors  of 
any  such  city  .^s  hereinafter  provided. 

Articles — Record.     §  2.     Every   such  corporation,   previ- 
ous   to    the    commencement    of    any    business    except    its 
own    organization,    must    adopt    articles    of    incorporation 
and    have    them    recorded    in    the    office    of    the    county 
clerk    of    the    county    in    whicli    the    city    within    which 
it  is   proposed   to  construct  and  operate  such   street  rail- 
roads   is    situated,    and    must    procure    the    consent   of    a 
majority  of  the  electors  of  such  city  as  herein  provided. 
Same — Termini  of  road.     S  3.    The  articles  of  incorpora- 
tion  must   fix    the    termini   of    the    street    railroad    which 
the  company  proposes  to  construct  and  describe  the  pre- 
;     else  route  between  such  termini,  which  shall  be  one  con- 
I    tinuous  line  from  the  one  terminus  to  the  other,  and  also 
.    name    the    streets    through    which    said    railway   is   to    be 
>    constructed;     said    articles    shall    also    state    the    length 
!    of    the    railway    so    proposed    to    be    constructed,    which 
{    shall   not   be  authorized   or   consented   to   by   the   electors 
;    of   any    such    city,    at    any    one    election,    to    exceed    the 
I    length  of  five  miles. 

Submission  to  electors.  §  4.  The  tjue'stion  of  the  con- 
j  sent  of  a  majority  of  the  electors  of  any  such  city  to 
I    the   constructing   and   operating   of   any   such   street   rail- 


road shall  be  determined  by  submitting  the  question  to 
the  electors  of  Such  city  at  an  election  to  be  held  for 
that  purpose,  and  of  which  election  it  shall  be  the  duty 
of  the  mayor  of  any  such  city,  upon  the  request  of  the 
common  council  of  said  city,  to  give  at  least  10  days' 
notice  by  publishing  a  rotice  in  some  newspaper  pub- 
linshed  in  such  city,  which  notice  shall  state  the  termini 
of  said  proposed  street  railway,  as  well  as  describe  the 
precise  route  between  such  termini,  which  shall  be  one 
continuous  line  from  one  terminus  to  the  other,  and 
also  name  the  streets  through  which  said  railway  is 
to  be  constructed,  which  proposed  railway  shall  not  ex- 
ceed five  miles  in  length;  the  form  in  which  such  notice 
shall  be  taken,  and  the  time  when  such  election  shall 
be  held,  and  no  election  shall  hereafter  be  held  except 
under  this  provisions;  and  provided,  further,  that  no 
franchise  to  construct  street  railways  shall  be  hereafter 
granted,  nor  shall  any  election  be  hereafter  held  to 
vote  uron  any  proposition  to  give  the  consent  of  the 
electors  of  any  such  city  to  the  construction  of  any 
street  railway,  unless  there  shall  have  been  filed, 
at  least  10  days  before  such  election,  a  map  or  plat 
showing  the  route  and  location  of  the  proposed  street 
railway  in  the  county  office  wherein  are  kept  the 
record  of  deeds  of  real  estate  and  also  whether  the 
proposed  railway  along  such  route  is  to  be  a  single  or 
double   track. 

Election—Proceedings.  §  5.  Every  such  election  shall 
be  held  at  the  lime  designated  in  the  notice,  and  shall 
be  held  in  the  same  manner  and  at  the  same  places 
as  the  general  city  elections,  and  the  returns  shall  be 
canvassed  by  the  council  of  such  city  at  its  next  meeting 
after  any  such  election  and  the  result  declared,  and  if 
a  majority  of  the  votes  cast  at  such  election  shall  be 
in  favor  of  the  constructing  and  operating  such  proposed 
street  railroad,  the  council  shall  cause  the  city  clerk  to 
make  out  a  certificate  of  the  result,  stating  that  the 
consent  of  a  majority  of  the  electors  of  such  city 
has  been  given  to  the  construction  and  operating  of  such 
railroad,  and  deliver  the  same  to  the  chief  officer  of 
such  street  railroad  company,  who  shall  cause  the  same 
to  be  recorded  in  the  office  of  the  county  clerk  where 
the  articles  of  association  of  such  street  railroad  com- 
pany are  recorded,  and  in  the  same  record;  and  such 
certificate  shall  be  prima  facie  evidence  of  the  facts 
therein  stated;  and  thereupon,  such  street  railroad 
company  shall  be  authorized  to  proceed  and  construct 
and  operate  such  street  railroad,  as  described  in  its 
articles  of  association  or  any  portion  thereof,  subject  to 
such  rules  and  regulations  as  may  be  established  by 
ordinances  of  such  city;  provided,  that  any  street  rail- 
road hereafter  authorized  to  be  constructed  shall  be 
built  upon  the  line  or  route  so  described  in  said  notice 
and  jilat,  and  not  otherwise,  and  shall  be  constructed 
from  one  of  the  termini  so  fixed  continuously  to  the 
other,  and  shall  be  a  single  or  double  track  as  shown 
on  such  plat,  but  no  street  railway  shall  hereafter 
be  constructed,  or  consent  or  authority  therefor  be 
given  by  any  city,  or  its  electors,  upon  or  along  any  jjart 
of  any  street  in  any  city  upon  or  along  which  any 
street  railway  has  been  already  constructed,  and  where 
any  other  company  or  party  owns  any  street  railway 
upon  any  jjart  of  such,  street  it  is  hereby  authorized 
and  empowered  to  consent  to  the  use  of  any  part  of 
its  railway  by  any  other  company  upon  such  terms  as 
may  be  agreed  upon  by  them;  provided,  that  no  such 
use  shall  be  allowed  or  enjoyed  without  its  consent; 
provided,  further,  that  no  authority  to  construct  street 
railway  on  any  street  of  any  city  in  this  State  under 
any  franchise  hereafter  granted,  or  consent  of  the 
electors  of  any  such  city  thereto  hereafter  given,  shall 
be  operative  or  efi:ective  unless  the  owners  of  a  majority 
of  the  feet  front  of  the  real  proijerty  abutting  upon  the 
street  or  streets  upon  which  it  shall  be  proposed  to 
construct  any  such  street  railway  shall  in  writing  con- 
sent thereto,  which  written  consent  shall  be  filed  in  the 
office  of  the  city  clerk  of  the  city  wherein  such  street 
is  situated  before  any  election  to  give  the  consent  of  the 
electors  of  such  city  shall  be  called. 

Consolidation.  §  6.  Any  street  railway  company  exist- 
ing in  pursuance  of  law  in  this  State,  or  which  may  be 
hereafter  created  and  organized  therein,  any  portion 
of   whose    road    has   been    located   and   conslnicted   so   as 


866 


National  Association  of  Railway  Commissioners 


to  form  with  the  road  of  any  other  street  railway  com- 
pany existing,  created,  and  organized  as  aforesaid, 
connected  or  continuous  lines  and  routes  of  travel  or 
transportation,  is  hereby  authorized  to  consolidate  its 
railway  property  and  appurtentnces  with  such  other 
street  railway  and  its  property  and  appurtenances  into 
a  single  corporation;  provided,  that  any  such  consolida- 
tion or  transfer  of  the  property,  rights,  powers  and 
franchises  of  any  such  company  shall  not  in  any  manner 
impair  or  affect  any  existing  right  of  reversion  under 
which  any  of  said  companies  now  chartered  or  organized 
may  exist,  in  the  manner  following:  The  board  of 
directors  of  said  two  or  more  corporations  may  enter 
into  an  agreement,  under  the  corporate  seals  of  each, 
for  the  consolidation  of  said  two  or  more  corporations, 
prescribing  the  terms  and  conditions  thereof,  the  mode 
of  carrying  the  same  into  effect,  the  name  of  the  new 
corporation,  the  number  of  the  directors  thereof,  which 
shall  not  be  less  than  seven  nor  more  than  11,  the  time 
and  place  of  holding  the  first  election  of  directors, 
the  number  of  shares  of  stock  in  the  new  corporation, 
the  amount  of  each  share,  the  manner  of  converting 
the  shares  of  corporate  stock  in  each  of  said  two  or 
more  corporations  into  shares  in  such  new  corporation, 
the  manner  of  compensating  stockholders  in  each  of 
said  two  or  more  corporations,  who  refuse  to  convert 
their  stock  into  the  stock  of  such  new  corporation,  with 
such  other  details  as  they  shall  deem  necessary  to  per- 
fect such  consolidation  of  said  corporations,  and  such 
resulting  consolidated  corporation  shall  by  operation  of 
law  succeed  to  and  hold  in  perpetuity  all  the  property, 
rights,  powers  and  franchises  converted  upon  said  con- 
stituent companies,  and  shall  assume  and  perform  all 
the  public  obligations,  duties,  agreements  and  require- 
ments as  common  carriers  imposed  upon  said  constit- 
uent   companies. 

Same— Merger.  §  7.  Upon  making  the  agreement  men- 
tioned in  the  preceding  section  in  the  manner  required 
therein,  and  filing  a  duplicate  thereof  in  the  office  of 
the  secretary  of  State  and  county  clerk  of  the  county 
in  which  the  corporation  exists,  accompanied  by  the 
consent  in  writing  of  the  owners  of  two-thirds  of  the 
capital  stock  of  each  of  said  constituent  companies, 
and  consent  being  duly  acknowledged  by  a  notary 
public  under  his  seal  of  office  in  like  manner  as  is  pre- 
scribed for  the  acknowledgment  of  deeds,  the  said  two 
or  more  corporations  shall  be  merged  in  the  new  cor- 
poration provided  for  in  such  agreement,  to  be  known 
by  the  corporate  name  therein  mentioned,  and  the  details 
of  such  agreement  shall  be  carried  into  effect  as  provided 
therein. 

Rights  and  franchises.  §  8.  Upon  the  election  of  the 
first  board  of  directors  of  the  corporation  created  by 
the  agreement  in  the  preceding  sections  mentioned,  all 
and  singular,  the  rights  and  franchises  of  each  and 
all  of  said  two  or  more  corporations,  parties  to  such 
agreement,  and  all  and  singular,  the  rights  and  interest 
in  and  to  every  species  of  property,  real,  personal  and 
mixed,  and  things  in  connection,  shall  be  deemed  to 
be  transferred  to  and  vested  in  such  new  corporation 
without  any  other  deed  or  transfer,  and  such  new  corpo- 
tion  shall  hold  and  enjoy  the  same  and  all  other  rights 
of  property  vested  in  the  said  two  or  more  corporations; 
provided,  that  all  the  rights  of  creditors  and  all  liens 
upon  the  property  of  either  of  said  corporations  shall  be 
and  hereby  are  preserved  unimpaired,  and  the  respective 
corporations  shall  continue  to  exist  so  far  as  may  be 
necessary  to  enforce  the  same. 

Aid  to  other  companies.  §  9.  Any  street  railway  com- 
pany existing  in  pursuance  of  law  in  this  State,  may, 
at  any  time,  by  means  of  subscription  to  the  capital  stock 
of  any  other  company,  or  otherwise  aid  such  company 
in  the  construction  of  its  road  for  the  purpose  of  forming 
a  connection  with  the  line  of  road  owned  by  such  other 
company. 

Lease  and  purchase  of  other  roads.  §  10.  Any  street 
railway  company  existing  in  pursuance  of  law  in  this 
State  may  lease  or  purchase  any  part  or  all  of  any 
other  street  railway  constructed  by  any  other  company, 
or  may  purchase  the  capital  stock  of  the  same,  or  may 
sell  and  convey  by  deed  or  otherwise,  or  may  lease 
to  another  street  railway  company  any  part  or  all 
of    its    own    railway    and    franchise,    upon    such    terms 


raiiu 
cat  1^ 

itnetr 


and  conditions  as  may  be  agreed  upon  between  the  said 
companies  respectively,  and  any  two  or  more  street 
railway  companies,  whose  lines  are  so  connected  as  to 
form  continuous  routes  of  travel,  may  perfect  any  ar- 
rangement for  their  common  benefit  to  assist  and  pro- 
mote the  object  for  which  they  were  created. 

Mortgages — Trust  deeds— Bonds.  §  11.  Any  street  rail- 
way existing  in  pursuance  of  law  in  this  State,  shall 
have  power  and  is  hereby  authorized  to  mortgage  and 
execute  deeds  of  trust  upon  its  railway  property,  in 
whole  or  in  part,  including  its  real  and  personal  prop- 
erty and  franchises,  to  secure  money  borrowed  for  the 
construction  and  equipment  of  their  roads,  and  may  also 
issue  their  corporate  bonds  in  sums  not  less  than  $1,000, 
to  make  all  of  said  mortgage  or  deeds  of  trust  payalile 
to  bearer  or  otherwise,  negotiable  by  delivery,  bearing 
interest  at  rates  not  to  exceed  7  per  centum  per  annum, 
convertible  into  capital  stock  or  not  at  the  option  of 
the  holder,  and  may  sell  the  same  at  such  rates  and 
prices  as  they  may  deem  proper,  and  it  said  bonds  shall 
be  sold  below  their  nominal  par  value  they  shall  be 
valid  and  binding  upon  the  company;  the  principal  and 
interest  of  said  bonds,  or  either  of  them,  may  be  made 
payable  within  or  without  this  State  at  such  place  as 
may   be   determined  upon  by   said   company. 

'•Street  railways"  defined.  §  12.  The  word  "street  rs  11- 
way,"  as  used  in  the  foregoing  section,  shall  be  ccn- 
strued  to  embrace  all  street  railroads  built  and  oi)erat8d 
for  the  convenience  of  passengers  along  the  streets  aid 
alleys  and  public  thoroughfares  of  cities  in  this  Sta  e. 
The  motive  power  by  which  the  same  may  be  operated 
shall  be  restricted  to  horse,  mule,  electric  or  calls 
powers. 

Extensions — Acquisition  interurban  company.  !  12a. 
street  railway  company  whose  line  or  lines  of  str«( 
railway  are  constructed  to  the  corporate  limits  of  t  le 
city  in  which  it  owns  and  operates  a  street  railw  ly 
system,  may  extend  one  or  all  of  its  lines  so  construct  !d 
beyond  such  corporate  limits  for  a  distance  not  excei  d- 
ing  10  miles.  When  the  line  or  lines  of  railway  c(  n- 
structed  and  owned  by  an  interurban  company  conmct 
with  the  line  or  lines  of  railway  of  a  street  railw  ly 
company,  a  street  railway  company  may  for  the  purpose 
of  extending  its  service  into  the  suburbs,  purchase  )r 
lease  so  much  of  the  railway  of  an  interurban  compa  ly 
as  lies  outside  the  corporate  limits  of  the  city,  not  <  x- 
ceeding  in  length  10  miles  from  the  corporate  limits. 

Same— Private  right-of-way.     §  12b.    Any  street  railw  ly 
company   desiring   to  extend  its  line  or  lines   of  railw  lyj 
beyond  the  city  limits  as  aforesaid,  may  acquire  by 
chase,  lease  or  gift,  a  private  right  of  way. 

Platform  weather  protection.  §  13.  That  from  and  afi  e 
the  first  day  of  November  in  the  year  of  our  Lord  18'.  7, 
it  shall  be  unlawful  for  any  person,  partnership  Dr 
corporation,  owning  or  operating  a  street  railway  in  tl  is 
State,  or  for  any  officer  or  agent  thereof,  superintendi  ig 
or  having  charge  or  control  of  the  management  of  su  ;h 
line  of  railway,  or  the  cars  thereof,  operating  electr  c, 
cable  or  other  cars  propelled  either  by  steam,  cable  or 
electricity,  which  require  the  constant  services,  care  or 
attention  of  any  person  or  persons  upon  the  platforms 
of  such  cars,  to  require  or  permit  such  services,  atti  n- 
tion  or  care  of  any  of  its  employes  or  any  other  persm 
or  persons  between  the  first  day  of  November  and  tae 
first  day  of  April  thereafter  of  each  year,  unless  su:;h 
person,  partnership  or  corporation,  its  said  officers  or 
superintending  or  managing  agents,  have  first  provided 
the  platforms  of  said  car  or  cars  with  a  proper  and  sulfl- 
cient  enclosure,  constructed  of  wood,  iron  and  glass, 
or  similar  suitable  material  sufficient  to  protect  such 
employes  from  exposure  to  the  winds  and  inclemenc  es 
of  the  weather;  provided,  that  such  enclosure  shall  be 
so  constructed  as  not  to  obstruct  the  vision  of  the  per- 
son operating  such  car,  or  to  endanger  or  interfere  w  th 
its    safe    management    by    the    operator. 

Same.  1 14.  From  and  after  November  1,  in  the  year 
of  our  I^rd  1897,  it  shall  be  unlawful  for  any  such  per- 
son, partnership  or  corporation  so  owning  or  operating 
street  railways  using  steam,  electric  or  cable  cars,  or 
any  superintending  or  managing  officer  or  agent  thereof, 
to  cause  or  permit  to  be  used  upon  such  line  of  railway 
between  said  November  1  and  April  1  of  each  and  every 


Iwiy. 
afieP 


Public  Service  Laws 


867 


year  thereafter,  any  car  or  cars  upon  which  the  serv- 
ices of  any  employe,  such  as  is  specified  in  §  1  of  this 
Act  is  required,  unless  said  car  or  cars  shall  he  provided 
with  the  enclosure  required  by  §  1  of  this  Act. 

Same — Violation.  §  15.  Violations  of  this  Act  shall  be 
punished  as  follows:  If  the  violation  is  by  a  corporation 
it  shall  forfeit  and  pay  to  sum  of  $100;  if  the  violation 
is  by  a  person  or  copartnership,  such  offender  shall  be 
punished  by  a  fine  not  to  exceed  $100  or  be  imprisoned 
in  the  county  jail  not  to  exceed  three  months.  Each 
day  that  any  of  said  person  or  persons,  partnership  or 
corporation  cause  or  permit  any  of  their  said  employes 
to  operate  such  cars  in  violation  of  the  provisions  of 
I  §  1  and  2  of  this  Act,  or  cause  or  permit  cars  to  be 
used  or  operated  in  violation  of  said  §  2  of  this  Act, 
shall  be  deemed  a  separate  offense;  provided,  that  the 
provisions  of  this  Act  shall  not  apply  to  cars  used 
and   known   as   trailing  cars. 

Same — Prosecution.  §  16.  It  is  hereby  made  the  duty 
of  the  county  attorney  of  any  county  in  which  any 
such  street  railway  is  situated  and  operated,  upon  any 
information  given  him  by  any  credible  person,  or  upon 
the  knowledge  that  lie  may  possess,  that  any  person, 
partnership  or  corporation  has  violated  any  of  the 
provisions  of  this  Act,  to  promptly  prosecute  such 
person,  members  of  such  partnership  or  corporation  for 
such  violation. 

ARTICLE  VIII. 

EXPBESS    COMPANIES. 

Express  companies,  defined.  §  17.  All  persons,  associa- 
tions or  corporations  engaged  in  the  transportation  of 
money  or  merchandise  for  a  money  consideration  in 
cars  other  than  freight  cars  and  on  trains  other  than 
freight  trains  shall  be  deemed  an  express  company 
within   the    meaning  of   this   Act. 

Schedules  of  rates.  §  18.  Within  30  days  after  the  pas- 
sage and  approval  of  this  Act,  all  express  companies 
doing  business  in  this  State  shall  file  with  the  railroad 
commission  a  complete  schedule  of  the  rates  and  classi- 
fications charged  for  the  transportation  of  money  or 
merchandise  within  this  State  by  such  company,  which 
was  in  force  on  the  first  day  of  January,  A.  D.  1907. 

Rates.  §  19.  Express  companies  may  charge  and  receive 
for  the  transportation  of  merchandise  within  the  State 
of  iVebraska  any  sum  not  exceeding  75  per  cent  of  the 
rate  as  shown  in  the  schedule  provided  for  in  §  2  of  this 
Act  until  after  the  State  railway  commission  shall  have 
provided   a   greater   rate. 

Same,  minimum.     §20.     Provided  that  nothing  in  this 

'  Act  shall  be  construed  to  change  the  prepaid  rates  on 
merchandise  weighing  one  pound  or  less,  and  provided, 
further,  that  no  provision  of  this  Act  shall  reduce  any 
special  contract  rate  in  force  for  the  transportation  of 
cream,  milk  or  poultry  or  any  charge  to  a  sum  less  than 
15  cents;  and  provided,  further,  that  nothing  in  this  Act 
shall    abridge    the    authority   of    the    railroad    commission 

,  to  make  a  reduction  in  any  rate  provided  for  in  this  Act. 

j       Violation  oj  Act.     §  21.    If  any  express  company  should 

•  fail  to  comply  with  the  provision  and  conditions  of  this 
Act,   they    shall    be   fined   on   conviction    a   sum   not   less 

j  than  $10  or  more  than  $1,000  for  each  offense. 

Enforcement  of  Act.  §  22.  The  Nebraska  State  Railroad 
Commission,  and  if  there  be  no  commission,  then  the 
governor  with  the  assistance  of  the  attorney-general,  are 

I  hereby  empowered  to  enforce  the  provisions  of  this  Act. 

j       _  TELEPHONE  CONNECTIONS. 

Telephone  connections.  §  23.  That  every  railway  com- 
pany, express  company  or  telegraph  company  doing  busi- 
ness in  this  State  shall  furnish  reasonably  adequate  tele- 
phone connections  between  its  offices,  buildings  and 
grounds  and  the  public  telephone  exchanges  operated  in 
the  towns  where  the  same  are  located. 

I  Enforcement  of  Act.  §  24.  The  State  railway  commis- 
sion of  the  State  of  Nebraska  is  hereby  authorized  and  em- 
powered to  require  and  compel  the  furnishing  of  such  serv- 
ice. Upon  complaint  to  the  railway  commission  of  the 
State  of  Nebraska  that  any  telephone  service  with  any 
railroad,  telegraph  or  express  company's  buildings,  offices 

I  or  grounds  is  inadequate  or  in  any  respect  unreasonably  or 


unjustly  discriminatory  or  that  such  service  cannot  be  had, 
It  shall  be  the  duty  of  said  commission  to  investigate  the 
same,  and  if,  upon  investigation,  the  commission  shall  find 
that  any  telephonic  service  is  inadequate  or  unreasonably 
or  unjustly  discriminatory  or  that  such  service  cannot  be 
had,  it  shall  determine  and  by  order  fix  a  reasonable  regu- 
lation, practice  or  service  to  be  installed,  imposed,  ob- 
served and  operated  in  the  future. 

Violation  of  Act,  penalty.  §  25.  Any  common  carrier 
which  shall  fail  to  comply  with  the  order  of  the  commission ' 
In  respect  thereto  shall  be  deemed  guilty  of  a  misdemean- 
or, and  upon  conviction  in  any  court  having  jurisdiction 
thereof,  shall  be  fined  for  each  offense  a  sum  not  less  than 
$100  nor  more  than  $500  or  be  imprisoned  in  the  county 
jail  not  less  than  10  days  nor  more  than  30  days  or  both, 
within  the  discretion  of  the  court. 

CHAPTER  77,  ARTICLE  I. 
REVENUE. 

EXPRESS,  TELEGRAPH  AND  TELEPHONE  COMPANIES. 

Defined.  §  76.  Each  and  every  person,  association,  co- 
partnership, joint  stock  company  or  corporation,  engaged 
in  the  express,  telegraph  or  telephone  business  in  the  State 
of  Nebraska,  shall  be  deemed  and  taken  to  be  a  company 
engaged  in  such  respective  business  for  the  purpose  of  this 
Act. 

Statement — Assessment.  %  11.  It  shall  be  the  duty  of 
each  express,  telephone  and  telegraph  company  to  furnish 
to  the  local  assessor  on  his  demand  made  of  any  officer  or 
managing  agent,  a  true  and  verified  statement  of  its  per- 
sonal property,  and  of  the  gross  receipts  of  its  business  in 
said  local  assessing  district  for  the  year  ending  April  1 
of  the  current  year,  which  verification  shall  be  by  one  of 
the  general  officers  of  said  company  or  by  the  local  man- 
aging agent.  Said  assessor  may  also  inspect  said  com- 
pany's books  of  account  for  his  district.  For  each  day's 
neglect  or  refusal  to  so  furnish  said  statement,  the  com- 
pany shall  forfeit  the  sum  of  $25,  and  for  each  day's  refusal 
to  furnish  its  books  for  inspection  after  such  demand  by 
said  assessor,  the  company  shall  forfeit  the  sura  of  $25, 
to  bo  recovered  in  an  action  in  the  name  of  the  State. 
In  case  the  local  assessor  shall  not  be  :ible  to  come  it  the 
amount  and  Muue  of  said  personal  property  and  gross 
receipts  as  herein  provided  by  rcasoa  of  such  company's 
nes^lect  and  refusal,  he  shall  come  as  near  such  value  and 
amount  as  liis  Information  shall  admit  of,  and  to  such 
value  acd  amount  he  shall  add  50  per  cent,  and  such  total 
shall  be  the  assessed  value  of  the  property  of  such 
comp.iny. 

Where  and  how  assessed.  §  78.  Each  and  every  ex- 
press, telegraph  and  telephone  company  shall  be  locally 
assessed  on  its  tangible  property  wherever  it  shall  have  any 
such  property,  in  this  State,  in  like  manner  as  other 
personal  property  is  assessed,  and  in  addition  thereto  on 
the  amount  of  the  gross  receipts  for  the  year  next  pre- 
ceding the  first  day  of  April  of  the  current  year,  such 
gross  receipts  to  be  taken  and  considered  in  their  total  as 
an  item  of  property  and  be  so  listed  and  levied  against 
the  same  as  other  property.  Such  gross  receipts  shall 
represent  the  franchise  valuation  which  shall  not  be  other- 
wise assessed. 

Lien  of  taxes.  §  79.  The  taxes  assessed  against  any  ex- 
press, telegraph  or  telephone  company  shall  be  a  first  lien 
on  all  the  personal  property  of  such  company  from  the 
first  day  of  October  of  the  year  in  which  levied. 

CHAPTER  89a. 

TELEGRAPH,    TELEPHONE    COMPANIES. 

Associations  governed  iy  this  Act.  §  1.  That  all  asso- 
ciations, whether  the  same  shall  have  been  or  may  here- 
after be  organized  or  incorporated  under  the  laws  of  this 
State,  or  by  and  under  authority  of  any  other  State  or  Ter- 
ritory, or  by  authority  of  the  United  States,  whose  object 
and  purpose  is  the  transmission,  collection  and  distribution 
of  dispatches  by  telegraph,  shall  be  subject  to  the  regula- 
tions and  restrictions  hereinafter  prescribed  by  this  Act. 

Statement  of  affairs.  §  2.  Every  telegraph  company 
and  every  press  association  or  corporation  engaged 
in  the  transmission,  collection,  distribution  or  delivery  of 
telegraphic  dispatches,  either  for  private  use  or  for  publi- 


868 


National  Association  of  Railway  Commissioners 


cation  in  newspapers,  shall,  within  30  days  after  this  Act 
goes  into  effect,  file  in  the  office  of  the  secretary  of  Slate 
a  statement,  cert-ifled  to  under  oath  by  its  president  and 
secretary  or  by  two  of  its  oflacers,  embodying  the  following 
information,  to-wit:  The  name  of  the  association,  amount 
of  capital  invested,  character  of  its  business,  together  with 
a  true  copy  of  its  articles  of  incorporation  or  articles  of 
copartnership,  with  regulations  and  by-laws  then  in  force. 

Certificate  of  authority.  §  3.  It  shall  be  the  duty  of  the 
secretary  of  State  to  issue  a  certificate  to  every  associa- 
tion or  corporation  that  has  filed  the  statement  required 
by  the  second  section  of  this  Act  upon  payment  of  $5, 
which  certificate  shall  convey  authority  to  such  associa- 
tion or  corporation  to  conduct  its  business  within  Ihis 
State,  under  the  restrictions  and  penalties  imposed  herein. 

Forfeiture — Penalty.  §  4.  Every  telegraph  company, 
press  association  or  corporation  engaged  in  the  trans- 
mission, collection  and  delivery  of  telegraphic  dispatches 
that  shall  refuse  or  fail  to  comply  with  the  above  provisions 
within  the  time  herein  prescribed,  shall  forfeit  its  right  to 
carry  on  the  collection,  transmission  ard  delivery  of  dis- 
patches for  publication  or  for  private  use,  and  shall  fur- 
thermore forfeit  to  tlie  county  where  such  business  is 
carried  on,  for  each  and  every  day  it  so  continues  in 
violation  of  this  Act,  the  penal  sum  of  .$1,000,  to  be  recov- 
ered in  any  court  of  competent  jurisdiction,  and  it  shall  be 
the  duty  of  district  attorneys  to  prosecute  such  violations 
of  this  Act  at  the  expense  of  the  respective  counties 
wherein  said  Act  is  violated. 

Transmitting  dispatches.  §  5.  All  telegraph  companies 
and  associations  operating  telegraph  lines  in  this  State 
shall  transmit  and  forward  all  dispatci'.es  directed  to  news- 
papers, or  private  individuals,  or  public  officers,  with 
Impartiality,  in  the  order  in  which  they  are  received,  and 
use  due  diligence  in  their  delivery  without  discrimination 
as  to  any  person  or  party  to  whom  they  may  be  directed. 

Delay — Penalty.  §  6.  Every  officer  or  employe  of  any 
telegraph  company  or  association  engaged  in  the  trans- 
mission of  dispatches  who  shall  wilfully  delay  the  trans- 
mission or  delivery  of  any  dispatch,  or  divulge  xhe  contents 
of  any  dispatch  entrusted  to  his  or  her  care,  to  any  person 
except  the  party  entitled  to  receive  the  same,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  fine  of  not  less  than  $50  nor  more  than  $100 
for  each  offense,  or  imprisonment  of  not  less  than  30 
days  nor  more  than  thre?  months  in  iho  county  jail,  at  the 
discretion  of  the  court. 

Charges.  §  7.  It  shall  be  unlawful  for  any  telegraph 
company,  its  agents  or  operators  to  demand,  charge  or 
receive  from  any  individual,  association  or  corporation  a 
greater  sum  for  the  transmission  and  delivery  of  any 
telegram  or  message  over  a  given  distance  than'it  de- 
mands, charges  or  receives  for  the  transmission  and  deliv- 
ery of  any  telegram  or  message  containing  an  equal  num- 
ber of  words  over  a  greater  disrance,  provided  that  dis- 
patches transmitted  during  the  night  and  dispatches  for 
publication  in  newspapers  may  be  forwarded  and  delivered 
at  reduced  rates;  such  rates  must,  however,  be  uniform  to 
all  patrons  for  the  same  service. 

Same — Newspapers.  §  8.  It  shall  be  unlawful  for  any 
telegraph  company,  associhtion  or  oiganization  engaged  in 
the  business  of  forwarding  dispatches  by  telegraph,  to 
demand,  collect  or  receive  from  any  publisher  or  proprietor 
of  a  newspaper  any  greater  sum  for  a  given  service  thart 
It  demands,  charges  or  collects  from  the  publisher  or 
proprietor  of  any  other  newspaper  for  a  like  service,  and 
the  violation  of  the  provisions  of  §§  7  and  8  of  this  Act 
by  any  telegraph  company  or  association  shall  constitute 
a  misdemeanor,  and  upon  conviction  said  telegraph  com- 
pany or  association  shall  be  fined  for  each  and  every 
offense  in  any  sum  not  less  than  $100  nor  more  than  $1,000, 
with  costs  of  prosecution,  and  in  addition  thereto  such 
telegraph  company  or  association  shall  be  liable  for  all 
damages  sustained  by  the  person  or  parties  in  consequence 
of  such  discrimination. 

Equal  facilities.  §  9.  Every  telegraph  company  and 
every  press  association  engaged  in  the  transmission,  col- 
lection, distribution  or  publicatfon  of  dispatches,  shall 
afford  the  same  and  equal  facilities  to  all  publishers  of 
newspapers,  and  furnish  the  dispatches  collected  by 
them  for  publication  in   any  given  locality  to  all  news- 


papers   there    published    on   the    same    conditions    as    to 
payment   and    delivery. 

Same — Penalty.  §  10.  Any  press  association,  corpora- 
tion or  organization  violating  the  foregoing  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall,  for  each  and  every  offense,  be  fined  in  any  sum 
not  less  than  $100  nor  more  than  $1,000,  and  in  addition 
thereto  such  association  and  the  members  thereof  shall 
be  jointly  and  severally  liable  for  all  damages  sustained 
by  the  owner  of  any  newspaper  in  consequence  of  such 
discrimination. 

Refusal  to  receive  and  transmit.  §  11.  If  any  telegrapt 
company,  association  or  organization  engaged  in  the 
transmission  of  telegraph  dispatches  from  any  place  in 
this  State,  or  the  person  having  the  control  and  manage- 
ment thereof,  refuse  to  receive  dispatches  from  any  per 
son,  corporation,  or  any  other  telegraph  company,  or  tc 
transmit  the  same  with  fidelity  and  without  unreasonable 
delay,  it  shall  be  guilty  of  a  misdemeanor,  and  upon  con 
viction  shall  be  fined  for  each  and  every  offense  in  the 
sum  of  not  less  thon  $50  nor  more  than  $100,  and  in  add! 
tion  be  liable  for  damages  to  the  person  or  corpora '.ioi 
sustaining  a  loss  by  reason  of  such  refusal  or  failure  tc 
so  transmit. 

Non-delivery — Mistakes.  §  12.  Any  telegraph  tompanj 
engaged  in  the  transmission  of  telegraphic  dispatches  ii 
hereby  declared  to  be  liable  for  the  non-delivery  of  dis 
patches  entrusted  to  its  care,  and  for  all  mistakes  ii 
transmitting  messages  made  by  any  person  in  its  employ 
and  for  all  damages  resulting  from  a  failure  to  perf  )rn[ 
any  other  duty  required  by  law,  and  any  such  telegript 
company  shall  not  be  exempted  from  any  such  liabilitj 
by  reason  of  any  clause,  condition  or  agreement  containet 
in   its   printed  blanks. 

Lines  out  of  order—Duty  of  operator.  §  13.  In  all  c;  sei 
where  application  is  made  to  any  telegraph  company  oi 
the  operator,  agent,  clerk  or  servant  thereof,  to  sen  1  i 
dispatch,  it  shall  be  the  duty  of  such  operator,  agent  oi 
clerk,  who  may  receive  dispatches  at  that  station,  pla  nlj 
to  inform  the  applicant,  and  if  required  by  him  to  w  iU 
upon  the  dispatch  that  the  line  is  not  in  working  or  ler 
or  that  the  dispatches  already  on  hand  for  transmisi  loi 
will  occupy  the  line,  so  that  the  dispatch  offered  car  no 
be  transmitted  within  the  time  required,  if  the  facts  b< 
so;  and  for  omitting  so  to  do,  or  for  intentionally  gii  inj 
false  information  to  the  applicant  in  relation  to  the  t  m< 
within  which  the  dispatch  offered  may  be  sent,  s  icl 
operator,  agent  or  clerk,  and  the  company  by  which  h< 
is  employed,  shall  incur  a  like  penalty  as  in  §  11  of  hii 
Act. 

Right  of  way — Poles  and  wires.  §  14.  That  any  ele 
graph  or  telephone  company  incorporated  or  doing  t  asi 
ness  in  this  State  shall  be  and  is  hereby  granted  th< 
right  of  way  along  any  of  the  public  roads  of  the  S  at< 
for  the  erection  of  poles  and  wires;  provided,  that  p  >lei 
shall  be  set  at  least  six  feet  within  the  boundary  lini  « 
said  roadway  and  not  placed  so  as  to  interfere  with  loac 
crossings;  and  provided,  that  said  wires  shall  be  ph  ce< 
at  the  height  of  not  less  than  20  feet  above  all  i  oa( 
crossings. 

Injuries  to  fixtures.  §  15.  Any  person  or  persons  vhf 
shall  break,  injure,  destroy,  or  otherwise  interfere  i.iU 
the  poles,  wires  or  fixtures  of  any  telegraph  or  telepl  on< 
company  in  this  State  shall  be  subject  to  action 
penalty  prescribed  in  §98,  chapter  13,  criminal  cod' 


PHYSICAL  VALUATION  ACT  OP  1909. 


>n    ^1 


Term  "railroad"  defined.    §1.    The  term  railroad  as   i?e( 
herein    shall    mean    and    embrace    all    corporations, 
viduals,  associations  of  individuals,  their  lessees,  triu 
or  receivers   (appointed  by  any  court  or  lawful  autli 
whatsoever)    that    now    or    may    hereafter    own,    opt 
manage  or  control  any  railroad  or  part  of  a  railroai.  ;u 
a  common   carrier  in  this   State,  or  cars  or  other  ecuip 
ment    used    thereon,    or    bridges,    terminals   or   sidetracki 
used   in    connection   therewith,    whether   owned   by   hucI 
railroad   or   otherwise. 

Public  service  corporation  defined.  §  2.  The  term  piibll( 
service  corporation  when  used  in  this  Act  shall  niear 
and  embrace  every  railroad,  railway,  telegraph,  express 
telephone  and  the  railroad  transportation  property  ol 
stock  yard  companies. 


Public  Service  Laws 


869 


Commission  to  find  physical  value.  §  3.  It  shall  be  the 
duty  of  the  State  railway  commission  to  ascertain  forth- 
with, upon  the  taking  effect  of  this  Act.  the  physical 
value  of  each  railroad  and  public  service  corporation  in 
this  State  within  the  meaning  of  this  Act.  The  physical 
value  so  ascertained  shall  be  the  physical  value  of  each 
of  these  properties  on  the  first  day  of  July,  of  the  year 
In  which  such  valuation  Is  ascertained;  provided,  that 
steam  railroads  shall  first  be  valued  according  to  the 
provisions  of  this  Act,  and  thereafter  other  public  serv- 
ice corporations  in  such  order  to  be  valued  as  shall  be 
determined   by   the    State   railway   commission. 

Includes  whatf  §  4.  The  physical  valuation  in  case  of 
railroads,  as  provided  in   §3,   shall  include: 

(a)  The  value  of  all  real  estate  owned  and  used  by 
the  railroad  company  in   the  operation  of  the  railroad. 

(b)  The  value  of  all  grading  required  in  the  building 
of  the  railroad. 

(c)  The  value  of  all  bridges,  viaducts  which  have 
been  built  by,  or  the  cost  of  construction  of  which  has 
been  contributed  to  by  any  company  within  the  meaning 
of  this  Act,  culverts,  buildings,  water  stations  and  all 
other  structures  which  are  used  by  the  railroad  in  con- 
ducting its  business. 

(d)  The  value  of  all  track  material,  track  tools, 
fences,  stock  pens,  cattle  guards,  grades  for  highway  and 
farm  crossings,  track  signs  and  mile  posts,  ballast  on 
line,  also  the  value  of  all  interlocking  signals,  and  all 
other    signal    apparatus    installed. 

(e)  The  value  of  all  telegraph  and  telephone  lines 
and  apparatus  owned   and  used  by  the  company. 

(f)  The  value  of  all  stores  and  supplies  on  hand, 
based  on  the  average  amount  carried  by  an  active  work- 
ing railroad. 

(g)  The  value  of  all  rolling  stock  (in  case  of  inter- 
state roads  this  shall  be  the  proportion  justly  chargeable 
to  the  part  of  the  road  lying  in  this  State). 

(h)  The  value  of  all  shops,  machinery,  tools,  side- 
tracks, terminals  and  spurs. 

(i)  The  value  of  all  other  articles  or  things  belonging 
to  and  necessarily  a  part  of  the  road. 

(j)  This  section  shall  apply  to  each  railroad  in  this 
State  separately,  and  the  finding  of  the  commission  shall 
show  the  total  value  of  each  railroad,  the  number  of  miles 
of  road  and  the  average  value  per  mile  of  track.  The 
basis  to  be  used  in  arriving  at  such  value  shall  be  the 
average  market  value  or  cost  of  labor  and  material  for 
the  year  ending  July  1  of  the  year  in  which  such  valua- 
tion is  made,  and  the  values  spoken  of  in  paragraphs 
(a)  to  (i)  shall  be  the  amount  of  money  found  neces- 
sary to  rebuild  the  road  complete  as  it  now  stands,  the 
same  as  if  no  road  existed  upon  its  present  site,  allow- 
ing tor  a  reasonable  length  of  time  tor  assembling  the 
material  and  doing  the  work  necessary  for  bringing  into 
existence  such  railroad.  The  proper  reductions  shall  be 
made  for  the  wear  and  shrinkage  in  value  on  account  of 
age  and  wear  of  the  material  in  the  railroad  under  con- 

j'  sideration. 

Telephone,  telegraph,  express  companies.   §  5.  The  physl- 

I  cal  value  of  each  telegraph,  telephone,  express,  and  the 
railroad  transportation  property  of  stockyard  companies 
shall    be    found    by   the    State    railway    commission;    pro- 

!  vided,  that  in  determining  "what  constitutes  the  railroad 
transportation  property  of  stockyard  companies  the  load- 
ing   and    unloading    facilities,    including    the    pens    into 

■  which  live  stock  is  Immediately  unloaded  or  from  which 
live  stock  is  loaded,  shall,  for  the  purpose  of  making  the 
valuation  herein  authorized,  be  considered  as  a  part  of 
such  railroad  transportation  property,  as  shall  also  be 
included  any  and  all  viaducts  which  have  been  built 
by,  or  the  cost  of  construction  of  which  has  been  con- 
tributed to  by,  a  stockyard  company.  Said  value  shall 
be  that  existing  July  1  of  the  year  in  which  such  valua- 
tion is  made.  To  aid  in  arriving  at  such  value  the  rail- 
way commission  shall  furnish  schedules  in  blank,  cover- 
ing all  of  the  different  classes  of  property  to  be  valued, 
to  each  of  such  companies  and  shall  require  such  com- 
panies to  furnish  reports,  sworn  to  by  their  proper 
officers,  on  the  schedules  furnished  by  said  commission, 
of  the  actual  physical  valuation  of  the  different  classes 
of  property  used  in  conducting  their  business.  If  the 
actual  value  cannot  be  given,  then  the  estimated  value 
based  on  the  market  value  of  labor  and  material  neces- 


sary to  duplicate  their  plant,  from  which  they  shall  de- 
duct the  probable  shrinkage  in  value  caused  by  age  and 
use  of  material  as  it  exists  on  July  1  of  the  year  In  which 
such   valuation  is  made. 

Duty  to  furnish  information.  §  6.  The  State  railway 
commission  is  authorized  and  empowered  to  call  on  any 
railroad  or  public  service  corporation  in  this  State  for  any 
information  necessary  in  making  a  physical  valuation 
of  their  property,  and  it  shall  be  the  duty  of  all  such 
companies  or  corporations  to  furnish  the  commission 
with  such  Information,  sworn  to  by  its  proper  officers, 
as  the  railway  commission  shall  require.  The  informa- 
tion shall  be  furnished  in  the  manner  and  within  the 
time    prescribed    by    said   railway   commission. 

Commission  to  employ  help.  §  7.  The  railway  commis- 
sion is  hereby  authorized  by  and  with  the  cohsent  of 
the  governor,  to  employ  such  clerical  and  expert  help 
as  it  shall  need  in  ascertaining  the  physical  valuation 
and  in  verifying  the  reports  provided  for  in  this  Act, 
and  all  expense  incurred  shalle  be  audited  and  paid  for  out 
of  any  money  appropriated  for  the  expense  of  the  State 
railway    commission. 

Failure  to  report.  §  8.  If  any  railway  company  or  pub- 
lic service  corporation  described  in  this  Act  shall  refuse 
or  fail  to  make  any  report  or  furnish  any  information, 
sworn  to  by  its  proper  oificers,  as  required  and  in  the 
time  required  by  the  State  railway  commission,  it  shall 
for  every  such  failure,  violation  or  refusal  forfeit  and 
pay  into  the  State  treasury  a  sum  of  not  less  than  $100 
nor  more  than  $10,000. 

Commission  to  report.  §  9.  The  State  railway  commis- 
sion shall  include  in  their  annual  report  made  in  1909 
a  resume  of  the  plan  of  procedure  adopted  by  the  board, 
and  note  the  progress  being  made  in  the  work  provided 
for  in  this  Act,  and  shall  include  in  their  annual  report 
in  1910  a  report  of  all  the  work  done  under  this  Act, 
together  with  any  recommendation  that  they  may  be 
able  to  make  for  the  use  of  the  governor  or  legislature. 
Said  report  shall  include  a  statement  of  the  expenses 
incurred  in  carrying  out  this  work.  It  shall  include  also 
the  annual  report  of  the  railroad  and  public  service  com- 
panies made  August  1,  1909,  as  provided  for  in  §  10657 
of  Cobbey's  Annotated  Statutes,  1907. 

'Notice  to  companies.  §  10.  The  State  railway  commis- 
sion when  they  shall  have  found  the  valuation  of  any 
property  described  in  this  Act  shall  notify  the  company 
or  owners  of  such  property  of  their  finding  and  shall 
set  a  time  not  less  than  30  nor  more  than  60  days  from 
the  date  of  notice  that  they  may  appear  and  show  cause 
why  such  valuation  as  found  by  the  commission  should 
be  raised  or  lowered,  or  amended  or  changed  in  any  par- 
ticular. The  railway  commission  shall  have  ixiwer  to 
make  such  amendment  or  change  if  they  deem  the  evi- 
dence furnished  sufficient  to  warrant  them  in  doing  so. 

Necessary  changes.  §  11.  The  State  railway  commission 
shall  include  in  their  annual  reports  from  year  to  year 
such  changes  as  they  shall  find  it  necessary  in  order  to 
keep  the  true  physical  value  of  the  different  properties 
as  they  exist  on  the  first  day  of  July  of  each  year,  and 
they  are  authorized  to  employ  such  clerical  and  expert 
help  in  the  manner  provided  in  §  7  as  shall  be  necessary 
in   making   such    annual   revisions. 

In  effect  forthwith.  §  12.  Whereas  an  emergency  ex- 
ists, this  Act  shall  take  effect  and  be  in  force  immedi- 
ately  upon   its   passage   and   approval. 

Approved   April   5,   1909. 

STOCKS  AND  BONDS  ACT  OP  1909. 

Issue  of  securities — Duties  of  commission.  §  1.  A  com- 
mon carrier  or  public  service  corporation,  organized  and 
incorporated,  or  hereafter  Incorporated,  under  or  by 
virtue  of  the  laws  of  the  State  of  Nebraska,  may  issue 
stocks,  bonds,  notes  or  other  evidence  of  indebtedness 
payable  at  periods  of  more  than  12  months  after  the 
date  thereof,  when  necessary  for  the  acquisition  of 
property,  the  construction,  completion,  extension  or  im- 
provement of  its  facilities,  or  for  the  improvement  or 
maintenance  of  its  service  or  for  the  discharge  or  lawful 
refunding  of  its  obligations,  provided,  and  not  otherwise, 
that  there  shall  have  been  secured  from  the  Nebraska 
State    Railway    Commission    an    order,    authorizing    such 


870 


National  Association  of  Railway  Commissioners 


issue  and  the  amount  thereof,  and  stating  that  In  the 
opinion  of  the  commission  the  use  of  the  capital  to  be 
secured  by  the  issue  of  such  stock,  bonds,  notes  or  other 
evidence  of  indebtedness  is  reasonably  required  for  the 
said  purposes  of  the  corporation.  For  the  purpose  of 
enabling  it  to  determine  whether  it  should  issue  such 
an  order,  the  commission  shall  make  such  inquiry  or 
investigation,  hold  such  hearings  and  examine  such  wit- 
nesses, books,  papers,  documents  or  contracts  as  it  may 
deem  of  importance  in  enabling  it  to  reach  a  determina- 
tion. Such  common  carrier  or  public  service  corporation 
may  issue  notes,  for  proper  corporate  purposes  and  not 
in  violation  of  any  provisions  of  this  or  any  other  Act, 
payable  at  periods  of  not  more  than  12  months  without 
such  consent;  but  no  such  notes  shall,  in  whole  or  in 
part,  directly  or  indirectly,  be  refunded  by  any  issue  of 
such  stock  or  bonds  or  by  evidence  of  indebtedness 
running  more  than  12  months  without  the  consent  of 
the  said  commission;  provided,  however,  that  the  com- 
mission shall  have  no  power  to  authorize  the  capitaliza- 
tion of  any  franchise  to  be  a  corporation,  or  to  authorize 
the  capitalization  of  any  franchise  or  the  right  to  own, 
operate  or  enjoy  any  franchise  whatsoever  in  excess  of 
the  amount  (exclusive  of  any  tax  or  any  annual  charge) 
actually  paid  to  the  State  or  to  a  political  subdivision 
thereof  as  the  consideration  for  the  grant  of  such  fran- 
chise or  right;  nor  shall  the  capital  stock  of  the  cor- 
poration formed  by  the  merger  or  consolidation  of  two 
or  more  other  corporations,  exceed  the  sum  of  the  cap- 
ital stock  of  the  corporations  so  consolidated  at  the  par 
value  thereof,  or  such  sum  and  any  additional  sum  actu- 
ally paid  in  cash;  nor  shall  any  contract  or  consolida- 
tion or  lease  be  capitalized  in  the  stock  of  any  corpora- 
tion whatever;  nor  shall  any  corporation  hereafter  issue 
any  bonds  against  or  as  a  lien  upon  any  contract  for 
consolidation  or  merger. 

Penalty — Violations  by  company.  §  2.  Every  common 
carrier  and  public  service  corporation  and  all  oflScers 
and  agents  of  any  common  carrier  or  public  service  cor- 
poration shall  obey,  observe  and  comply  with  every 
order  made  by  the  commission,  under  authority  of  this 
Act,  so  long  as  the  same  shall  be  and  remain  in  force. 
Any  common  carrier  or  public  service  corporation  which 
shall  violate  any  provisions  of  this  Act,  or  which  fails, 
omits  or  neglects  to  obey,  observe  or  comply  with  any 
order  or  direction  or  requirement  of  the  commission 
under  the  provisions  of  this  Act,  shall  forfeit  to  the 
people  of  the  State  of  Nebraska  not  to  exceed  the  sum  of 
$5,000  for  each  and  every  offense;  every  violation  of  any 
such  order  or  direction  or  requirement  of  this  Act  shall 
be  a  separate  and  distinct  offense  and,  in  case  of  a  con- 
tinuing violation,  every  day's  continuance  thereof  shall 
be  and  be  deemed  to  be  a  separate  and  distinct  offense. 

Violation  hy  agent.  §  3.  Every  officer  and  agent  of  any 
common  carrier  or  public  service  corporation  who  shall 
violate,  or  who  procures,  aids  or  abets  any  violation  by 
any  such  common  carrier  or  corporation  of  any  provision 
of  this  Act,  or  who  shall  fail  to  obey  and  observe  and 
comply  with  any  order  of  the  commission  or  any  provi- 
sion of  an  order  of  the  commission  under  the  terms  of 
this  Act,  or  who  procures,  aids  or  abets  any  such  com- 
mon carrier  or  corporation  in  its  failure  to  obey,  observe 
and  comply  with  any  such  order  or  provision,  be  deemed 
guilty  of  a  felony,  and  on  conviction  thereof  shall  be 
punished  by  confinement  in  the  penitentiary  for  a  pe- 
riod of  not  less  than  one  and  not  longer  than  10  years. 

Repeal.  §  4.  All  Acts  or  parts  of  Acts  inconsistent  or  in 
conflict  herewith   be,  and  the  same  are  hereby  repealed. 

The  railway  commission  appropriation  for  1911  was 
as  follows: 

Salaries      three      railway      commissioners,      each 

$3,000  per  year;    two  years $18,000 

Salaries  of  office  help  for  two  years 22,000 

Maps,  postage,  office  furniture,  typewriters,  tele- 
phone, traveling  expenses,  expenses  of  investi- 
gation and  litigation,  stationery,  printing 
schedules  and  other  matters 20,000 

For  physical  valuation  of  railroad  and   "for  such 

other  corporation  as  may  be  provided  by  law."    40,500 

Total    $100,500 


BANNING  DEMURRAGE  ACT. 

Article  5,  chapter  72,  Wheeler's  Compiled  Statutes  fo: 
1909,  as  amended  by  Senate  File  No.  222,  1911.  (Amend 
ment  in  italics.) 

Freight  receipt,  forwarding.  §  Ih.  It  shall  be  the  dut; 
of  every  railroad  company  operating  a  line  of  railroad 
wholly  or  in  part  within  this  State,  for  the  transporta 
tion  of  freight,  when  freight  in  carloads  or  less  is  ten 
dered  to  said  railroad  company,  its  station  agent  or  othei 
agent  in  charge  of  transportation  of  freight,  and  correc 
shipping  instructions  given,  to  Immediately  receive  thi 
same  for  shipment,  and  issue  bills  of  lading  therefor 
and  when  said  shipments  have  been  received  they  mus 
be  carried  forward  at  the  rate  of  not  less  than  50  milei 
per  day  of  24  hours;  provided,  that  this  shall  not  appl; 
to  live  stock  shipments,  computing  from  the  scheduli 
time  of  the  first  train  carrying  the  class  of  freight  B( 
tendered,  and  for  failure  to  receive  and  transport  sucl 
shipment  within  the  time  herein  prescribed,  said  com 
pany  shall  forfeit  and  pay  to  the  consignee  the  sun;  o 
$1  per  car  per  day  or  fraction  thereof  on  all  carload  lota 
In  less  than  carloads,  not  more  than  1  cents  per  10( 
pounds,  per  day  or  fraction  thereof,  with  minimum  I 
cents,  as  damages,  together  with  all  other  damages  th( 
consignor  or  consignee  may  sustain  thereby;  providing 
that  in  computing  the  time  of  freight  in  transit,  tl  en 
shall  be  allowed  24  hours  at  each  point  where  transfer 
ring  from  one  railroad  to  another  is  involved;  and  a 
division  and  junction  points  where  the  car  or  shiprren 
is  required  to  be  put  into  another  train;  and  provided 
further,  that  an  additional  24  hours  shall  be  allowed  oi 
all  cars  weighed  in  transit,  within  the  boundaries  of  hii 
State;  provided,  that  carload  shipments  shall  not  b< 
considered  tendered  to  the  railroad  company  until  Ioa(  ed 

Notice  to  consignee.  §  li.  Such  railroad  companies  s  lal 
within  24  hours  after  arrival  of  shipment  give  notice  b] 
mail  or  otherwise  to  consignees  or  party  to  be  notil  ed 
of  the  -arrival  of  shipments  at  destination,  together  ^  itl 
the  amount  of  freight  charges  due  thereon,  and  w  lei 
requested  by  the  consignee  shall  also  state  the  wei  ,ht 
nature  of  the  shipment,  point  of  origin  and  name  oi 
consignor,  and  when  goods  or  freight  in  carload  ot( 
arrive,  such  notice  shall  state  the  number  and  init  als 
of  the  car  or  cars,  and  if  transferred  in  transit,  th« 
number  and  initials  of  the  car  or  cars  in  which  c  rig 
inally  shipped  when  such  information  is  noted  on  th< 
billing. 

Any  railroad  company  failing  to  give  such  not  cei 
shall  forfeit  and  pay  to  the  consignee  or  other  p:  rtj 
whose  interest  is  affected  the  sum  of  $1  per  car  i  pel 
day)  or  fraction  of  a  day's  delay  on  all  carload  s  lip 
ments,  and  1  cent  per  100  pounds  per  day  or  frac  ioi 
thereof  on  freight  in  less  than  carload  lots,  with  a  n  inl 
mum  charge  of  5  cents  per  day  and  not  exceeding  $1  pel 
day  for  any  shipment  in  less  than  carload,  after  th« 
expiration  of  said  24  hours,  as  damages,  together  ■'.itl 
all  other  damages  sustained   thereby. 

Provided,  however,  that  when  shipping  instruct  ons 
are  noted  on  billing  it  shall  be  sufficient  to  give  notice 
in   accordance   with   said   instructions. 

Such  railroad  companies  shall  give  the  consignoi  oi 
shipper  of  any  shipments  immediate  notice  by  mai  ol 
the  refusal  of  such  shipment  by  the  consignee,  an(  in 
the  event  that  said  shipment  is  unclaimed  for  a  pe-iod 
of  48  hours,  then  the  said  railroad  company  shall  in  me- 
diately notify  the  shipper  or  consignor  of  such  fad  by 
mail. 

Interstate  freight.  §  If.  Every  railroad  company  ( per 
ating  a  line  of  railroad  extending  info  any  other  State 
shall  cause  the  conductor  of  every  train  bringing  freight 
in  carload  lots  into  this  State  from  any  other  Stat ;  to 
note  on  the  original,  waybill  of  each  and  every  carload 
of  such  freight,  destined  to  points  within  this  State,  the 
year,  month,  day  of  the  month  and  hour  of  the  day.  on 
which  such  carload  of  freight  entered  this  State,  and  to 
authenticate  the  same  by  his  signature;  such  orif;inal 
waybill  with  the  above  indicated  notation  thereon  sihall 
be  open  to  inspection  of  the  consignee  or  party  recei  '  " 
the  car,  and  at  the  request  of  said  party,  shall  be  ci 
on  the  expense  bill  of  such  car  by  the  railroad  compai...  ., 
agent  at  the  destination  station  of  such  car.  Any  viola- 
tion  of  any  of   the   provisions   of   this   section   shall  be 


Public  Service  Laws 


871 


punishable  by  fine  of  not  less  than  $10  nor  more  than 
|50  for  each  offense. 

Freight,  delivery.  §  Ik.  Railroad  companies  shall  de- 
nver  freight  at  their  depots  or  warehouses,  or  in  case 
of  shipment  for  track  delivery,  shall  place  loaded  cars  at 
an  accessible  place  for  unloading  within  24  hours  after 
arrival,  computing  from  7  o'clock  a.  m.  of  the  day  fol- 
lowing the  arrival  of  the  same.  The  railroad  company 
shall  forfeit  and  pay  to  the  shipper  or  consignee  $1  per 
car  per  day  for  each  day  or  fraction  thereof  such  delivery 
Is  delayed,  as  damages,  and  all  actual  damages  sustained 
thereby;  provided,  that  the  delivery  of  cars  to  private 
tracks  shall  be  considered  to  have  been  made  either  when 
such  cars  have  been  placed  at  an  accessible  point  for 
unloading  on  the  tracks  designated,  or  if  such  tracks 
be  full  of  loaded  or  unreleased  empty  cars,  when  the 
road  offering  the  cars  would  have  made  the  delivery  and 
the  condition  of  such  tracks  permitted;  provided,  that  any 
car  wholly  or  partially  unloaded  and  reloaded  for  ship- 
ment immediately  thereafter  shall  be  entitled  to  free 
time  both  for  unloading  and  for  loading,  as  hereinbefore 
provided,  when  held  on  private  tracks  where  delivery  is 
made,  and  provided  that  48  hours'  free  time  shall  be  al- 
lowed for  removal  of  freight  in  bond  from  the  first  7 
a.  m.  after  permit  to  receive  the  goods  is  issued  to  con- 
signee by  U.  S.  collector  of  customs,  and  the  48  hours' 
free  time  after  the  first  7  a.  m.  after  notice  of  arrival 
has  been  given  to  consignee  will  be  allowed  for  the  plac- 
ing of  orders  for  the  disposition  of  cars  containing  coal; 
and  that  24  hours'  free  time  will  be  allowed  on  all  other 
carload  freight  for  the  same  purpose;  and  that  when 
cars  are  delivered  to  minor  railroads  for  industries  lo- 
cated thereon  or  to  industrial  plants  performing  their 
own  switching  service,  handling  cars  for  themselves  or 
other  parties,  24  hours'  free  time  shall  be  allowed  for 
switching  to  such  minor  railroads  or  industrial  plants 
performing  their  own  switching  service,  in  addition  to 
the  regular  time  allowed  for  switching,  for  loading  or 
unloading;  and  that  48  hours'  free  time  will  be  allowed  on 
such  minor  railroads  or  industrial  plants  performing  their 
own  switching  service,  for  the  placing  of  orders  for  the 
disposition  of  cars  containing  coal  in  addition  to  the 
free  time  allowed  for  unloading,  provided  such  48  hours 
had  not  previously  been  allowed  on  tracks  of  connecting 
lines;  provided,  that  there  shall  be  but  one  period  of 
free  time  for  unloading  and  but  one  period  of  free  time 
for  reconsigning  on  one  shipment;  and  provided,  that  all 
cars  for  unloading  shall  be  considered  placed  when  they 
are  held  awaiting  orders  from  consignors  or  consignees. 

Demurrage  charges.  §  11.  Shippers  or  consignees  on 
whose  order  a  car  or  cars  containing  less  than  60,000 
pounds  have  been  placed  for  loading  or  unloading,  shall 
have  36  hours  for  loading  or  unloading  such  cars,  and  St) 
hours  for  loading  or  unloading  those  of  60,000  pounds  or 
more,  computing  time  from  7  o'clock  a.  m.  of  the  day 
after  such  car  or  cars  have  been  placed  subject  to  such 
order  and  thereafter  a  demurrage  charge  of  not  more 
than  $1  per  car  per  day  or  fraction  of  a  day  may  be 
assessed  and  collected  on  all  such  cars  respectively  as 
have  been  tendered  to  the  railroad  company,  with  ship- 
ping instructions  for  loaded  cars,  within  said  respective 
; periods  of  36  and  60  hours  of  free  time;  provided,  how- 
iever,  should  any  shippers  fail  to  begin  loading  within  36 
t  hours  after  any  car  or  cars  are  placed  as  hereinbefore 
^provided,  the  railroad  company  may  consider  the  empty 
icar  released,  and  may  assess  and  collect  on  every  such 
oar  $2  covering  the  demurrage  then  due.  If  any  party 
Bhall  refuse  to  pay  any  of  the  demurrage,  storage  charges, 
damages  or  forfeitures  provided  for  in  this  Act,  it  shall 
be  the  duty  of  the  party  making  such  refusal  to  furnish, 
within  30  days  after  written  request  has  been  made,  a 
written  statement  to  the  party  claiming  such  charges, 
giving  full  reasons  for  the  refusal  to  make  such  payment. 

Any  violation  of  the  provisions  of  this  section  shall 
'be  punishable  by  a  fine  of  not  less  than  $10  and  not  more 
■'.han  $50  for  each  offense. 

And  provided,  further,  that  when  by  reason  of  delay 
i5r  irregularities  on  the  part  of  the  railroad  company  in 
311ing  orders  for  cars,  or  in  the  transportation  or  delivery 
)f  freight,  cars  are  bunched  in  excess  of  the  capacity  of 
'he  shipper  to  load  as  indicated  in  his  application,  or  of 
i:he  consignee  to  unload,  such  shipper  or  consignee  shall 
;iave  separate  and  distinct  periods  of  free  time  in  which 


to  load  or  unload,  as  the  case  may  be,  the  car  or  cars 
specified  in  each  separate  application,  or  in  each  bill  of 
lading  or  waybill  of  different  date;  provided,  that  if  after 
placing  a  car  or  cars  as  hereinbefore  provided,  the  rail- 
road company  shall,  during  the  free  time  or  after,  tem- 
porarily remove  any  or  all  of  them,  or  in  any  way 
obstruct  the  loading  or  unloading  of  same,  the  shipper  or 
consignee  shall  not  be  chargeable  with  the  delay  caused 
thereby;  provided,  further,  that  whenever  during  the 
period  of  free  time  the  weather  is  so  severe,  inclement 
or  stormy  that  it  is  impossible  or  impracticable  to  load 
or  unload  freight,  or  when  from  the  nature  of  the  goods, 
loading  or  unloading  would  cause  Injury  or  damage,  such 
time  shall  be  added  to  the  free  time  and  no  demurrage 
charge  shall  be  charged  and  assessed  for  such  additional 
free  time.  This  rule  shall  apply  to  the  state  of  the 
weather  during  business  hours  only. 

Free  time.  §  Im.  When  the  consignee  or  his  agent  Is 
personally  served  with  notice  of  the  arrival  of  freight  at 
or  before  5  o'clock  p.  m.  of  any  day,  free  time  shall  begin 
at  7  o'clock  a.  m.  of  the  day  after  such  notice  has  been 
giving;  providing,  the  car  or  cars  containing  such  freight 
shall  have  been  placed  for  unloading  as  hereinbefore  pro- 
vided. 

Storage  charges,  packages.  §  In.  All  package  freight 
unloaded  by  railroad  companies  in  their  depots  or  ware- 
houses, or  which,  in  order  to  release  cars,  is  unloaded 
in  the  yard  space  of  a  railroad  company,  and  not  removed 
by  the  owner  therefrom  within  48  hours,  computing  from 
7  o'clock  a.  m.  of  the  day  following  legal  notice  of  arrival, 
may  be  subject  to  a  storage  charge  for  each  day,  or 
fraction  of  a  day,  it  may  remain  in  the  custody  of  the 
railroad  company,  as  follows: 

In  less  than  carloads,  not  more  than  1  cent  per  100 
pounds,  per  day  or  fraction  thereof,  with  minimum  of  5 
cents.  In  carload  lots  not  more  than  10  cents  per  ton 
of  2,000  pounds  per  day  or  fraction  thereof,  but  not  ex- 
ceeding $1  per  car  per  day,  or  fraction  of  a  day;  pro- 
vided, that  in  no  case  shall  the  amounts  so  collected  for 
storage  of  less  than  carload  shipments,  exceed  the 
amount  authorized  to  be  charged  as  storage  or  demur- 
rage on  a  carload  of  similar  freight  for  the  same  length 
of  time  when  not  unloaded  from  car  as  hereinbefore  pro- 
vided 

Actions — Defenses.  §  lo.  When  a  suit  is  brought  to 
collect  any  of  the  damages,  forfeitures,  demurrage  oi 
storage  charges  provided  for  in  this  Act  said  suit  may  be 
brought  in  any  court  in  this  State  having  jurisdiction 
on  the  subject  matter,  and  parties  under  the  then  exist- 
ing laws;  and  if  the  plaintiff  therein  recover  judgment 
such  plaintiff  shall  also  recover  a  reasonable  attorney's 
fee  for  bringing  such  suit,  to  be  taxed  on  motion  and 
paid  as  other  costs  by  defendant  in  such  suit,  providing 
claim  shall  have  been  presented  for  payment  or  adjust- 
ment, at  least  60  days  prior  to  commencement  of  suit. 
In  any  suit  brought  under  this  Act  it  shall  be  lawful  for 
the  defendant  to  plead  and  show  in  defense  that  the 
failure  to  comply  with  the  provisions  of  this  Act,  and  on 
account  of  which  failure  said  suit  has  been  brought  was 
caused  or  occasioned  by  reason  of  storms,  floods,  weather 
conditions,  fires,  wrecks  of  trains,  riots,  mob  violence, 
labor  troubles,  or  through  some  other  accidental  or  ex- 
ceptional cause  wholly  beyond  the  control  of  the  party 
sought  to  be  charged,  and  whereby  traffic  is  obstructed 
or  is  interferfered  with;  and  if  such  party  shall  establish 
by  the  preponderance  of  evidence,  the  existence  of  any 
such  condition,  and  that  the  existence  thereof  was  the  di- 
rect cause  of  the  failure  of  such  party  to  comply  with  the 
requirements  of  this  Act,  then  such  party  shall  not  be 
liable   for  said  damages. 

Holidays.  §  Ip.  In  computations  of  time  under  the  pro- 
visions of  this  Act,  Sundays  and  legal  holidays  shall  not  be 
counted. 

Extent  of  Act.  *§  Iq.  This  Act  is  not  intended  to  re,- 
peal,  modify  or  affect  any  law  concerning  the  shipment, 
transportation  or  delivery  of  any  kind  of  freight  icithout 
unnecessary  delay,  or  ivithin  a  reasonable  time,  or  any 
other  law  concerning  common  carriers  now  in  force,  unless 
in  direct  conflict  therewith,  and  this  Act  is  hereby  declared 
to  be  supplemental  to  such  laws;  provided,  however,  that 
the  State  raiUvay  commission,  upon  the  complaint  of  any 
person  or  persons,  may,  after  investigation  and  hearing  hii 
in   the   manner  prescribed   in   §  10   of  article  8   of   Ghiv 


872 


National  Association  of  Railway  Commissioners 


I 


ter  72  of  the  Compiled  Statutes  of  Nebraska  for  1909,  make 
and  issue  such  order,  rule  or  regulation  modifying  or  sup- 
plementing this  Act  as  it  deems  reasonable. 

Repeal.  •§  2.  That  said  section  Iq  of  article  5  of  chap- 
ter 72  of  Compiled  Statutes  of  Nebraska  for  1909,  be,  and 
the  same  is  hereby  repealed. 

HOURS  OP  SERVICE  ACT. 

To  whom,  applicable.  §  1.  That  the  provisions  of  this 
Act  shall  apply  to  any  common  carrier  or  carriers,  their 
officers,  agents  and  employes,  engaged  in  the  transporta- 
tion of  passengers  or  property  by  railroad,  in  the  State 
of  Nebraska,  and  the  term  railroad  as  used  in  this  Act 
shall  Include  all  bridges  and  ferries  used  or  operated  in 
connection  with  any  railroad,  whether  owned  or  operated 
under  a  contract  agreement  or  lease,  and  the  term  em- 
ployes, as  used  in  this  Act,  shall  be  held  to  mean  persons 
actually  engaged  in  or  connected  with  the  movement  of 
any  train. 

Limit  of  continuous  service.  §  2.  That  it  shall  be  un- 
lawful for  any  common  carrier,  its  officers  or  agents 
subject  to  this  Act,  to  require  or  permit  any  employe 
subject  to  this  Act  to  be,  or  remain  on  duty  for  a  longer 
period  than  16  consecutive  hours,  and  whenever  any 
such  employe  of  such  common  carrier  shall  have  been 
continuously  on  duty  for  16  hours,  he  shall  be  relieved 
and  not  be  permitted  or  required,  to  again  go  on  duty 
without  having  at  least  10  consecutive  hours'  rest  off 
duty,  and  no  such  employe  who  has  been  on  duty  16 
hours  in  the  aggregate  in  any  24-hour  period,  shall  be 
required  or  permitted  to  continue  or  again  go  on  duty, 
without  having  had  at  least  eight  consecutive  hours  off 
duty;  provided,  that  no  operator,  train  dispatcher  or  other 
employe  who,  by  the  use  of  the  telegraph  or  telephone, 
dispatches,  reports,  transmits  or  receives  or  delivers 
orders  pertaining  to  or  affecting  train  movements,  shall 
be  required  or  permitted  to  be  or  remain  on  duty  for  a 
longer  period  than  nine  hours  in  any  24-hour  period,  in  all 
towers,  offices,  places  and  stations,  continuously  operated 
day  and  night,  nor  for  a  longer  period  than  13  hours  in 
all  towers,  offices  and  places  and  stations  operated  only 
during  the  day  time,  except  in  cases  of  emergency,  when 
the  employes  named  in  this  proviso  may  be  permitted 
to  be  or  remain  on  duty  for  four  additional  hours  in  a 
24-hour  period,  on  not  to  exceed  three  days  in  any  one 
week. 

Provided,  further,  the  State  railway  commissioners, 
may  after  full  hearing  in  a  particular  cases,and  for  good 
cause  shown,  extend  the  period  within  which  a  common 
carrier  shall  comply  with  the  provisions  of  this  proviso 
as  to  such  case. 

Penalty.  §  3.  That  any  such  common  carrier  or  any 
officer  or  agent  thereof,  requiring  or  permitting  any  em- 
ploye to  go,  be  or  remain  on  duty  in  violation  of  the 
second  section  hereof,  shall  be  liable  to  a  penalty  of  not 
to  exceed  $500  for  each  and  every  violation  thereof,  to 
be  recovered  in  a  suit  or  suits  to  be  brought  by  the 
county  attorneys  of  the  county  in  the  State  having  juris- 
diction in  the  locality  where  the  violation  shall  have 
been  committed,  and  it  shall  be  the  duty  of  such  county 
attorney  to  bring  such  suits,  upon  satisfactory  informa- 
tion being  lodged  with-  him,  but  no  such  suit  shall  be 
brought  after  the  expiration  of  one  year  from  the  date 
of  such  violations  as  may  come  to  his  knowledge.  In  all 
prosecutions  under  this  Act  the  common  carrier  shall 
be  deemed  to  have  had  knowledge  of  all  acts  of  its 
officers  and  agents;  provided,  that  the  provisions  of  this 
Act  shall  not  apply  in  any  case  of  casualty  or  unavoidable 
accident  or  the  Act  of  God;  nor  where  the  delay  was  the 
result  of  a  cause  not  known  to  the  carrier,  or  its  officers 
and  agents,  in  charge  of  such  employe,  at  the  time  said 
employe  left  a  terminal  and  which  could  not  have  been 
foreseen;  provided,  further,  that  this  Act  shall  not  apply 
to  the  crews  of  wrecking  or  relief  trains. 

Duty  of  commission.  §  4.  It  shall  be  the  duty  of  the 
State  railway  commissioners  to  execute  and  enforce  the 
provisions  of  this  Act,  and  all  powers  granted  to  the 
State  railway  commissioners  are  hereby  extended  to  It 
In  the  execution  of  this  Act. 

Repeal.     §  5.     That  §  10629  and  §  10630,  chapter  47,  of 


Cobbey's    Annotated    Statutes    of    Nebraska    of    1909    are 
hereby  repealed. 

In  effect  forthwith.    §  6.    'this  Act  shall  take  effect  and 
be  in  force  on  and  after  its  passage. 
Approved  March  13,  1911. 

STOCK  SHEDS  ON  RIGHT  OF  WAY. 

When  shipper  of  stock  may  build  shelter  sheds.  §  1.  Any 
shipper  or  association  of  shippers  of  live  stock  within 
this  State  may  apply  to  the  local  agent  at  any  station  ol 
any  railroad  company  for  use  of  space  upon  the  right  ot 
way  of  such  railroad  convenient  to  the  shipping  pens 
of  such  railroad  at  said  station  or  at  any  siding  in  said 
county.  Said  application  shall  be  in  writing  and  shall 
set  forth  the  probable  amount  of  live  stock  to  be  shipped 
by  the  applicants  from  said  station  or  siding  during  the 
next  12  months  and  the  space  desired  by  said  appliwints 
on  which  to  erect  sheds  for  temporary  shelter  of  live 
stock  awaiting  shipment.  The  application  shall  specifl' 
cally  set  forth  the  plans  for  said  sheds  and  their  posi.ioii 
with  reference  to  the  railroad  company's  tracks  and  ship 
ping  pens,  together  with  any  facts  or  arguments  whi 
said  application  should  be  granted. 

Duty  of  commission.  §  2.  In  case  no  agreemei 
reached  between  said  applicants  and  the  railroad  companj 
for  use  of  said  right  of  way  for  such  purposes  the  ai'pli 
cants  shall  present  their  petition  to  the  State  railvaj 
commission,  reciting  the  facts  set  forth  in  their  applica 
tion  and  praying  the  State  railway  commission  for  n  liel 
in  the  premises. 

Hearing.  §  3.  It  shall  be  the  duty  of  the  State  rail  vaj 
commission  to  set  a  time  for  hearing  upon  said  petition 
to  make  a  thorough  investigation  of  facts  and  condit  oni 
set  forth  and  issue  thereupon  such  order  fof  relief  ai 
may  be  reasonable  and  within  the  power  of  such  com  aia 
slon;  provided,  however,  that  no  railroad  company  s  lal 
be  liable  to  the  owner  or  owners  of  any  sheds  or  st  uc 
tures  upon  the  right  of  way  under  the  provisions  of  hli 
Act,  for  the  destruction  of  same  or  damage  theretc  o; 
destruction  or  damage  to  animals  contained  therein,  b: 
any   cause   whatsoever. 

Penalty.  §4.  Any  railroad  company  failing  to  con  pi; 
with  said  order  within  30  days  thereafter  shall  be  f  nei 
in  any  sum  not  exceeding  $100  and  be  liable,  in  s  idl 
tion,  for  any  loss  sustained  by  live  stock  shippers  b{ 
cause  of  such  failure. 

Approved   April   10,   1911. 


J 


STANDARD  CABOOSE  ACT. 


4[ 


•Sections  Iq  and  2  added  by  Act  approved  April  10,  1911. 


To  whom  act  applicable.  §  1.  Be  it  enacted,  that  tH 
provisions  of  this  Act  shall  apply  to  any  corporatioi  o 
to  any  person  or  persons  while  engaged  as  common  cai 
riers  in  the  transportation  by  railroad  of  passenger  o 
property  within  this  State  to  which  the  regulative  p(  we 
of  this  State  extends. 

Dimensions  of  caboose.  §  2.  That  from  and  after  th 
first  day  of  June,  1914,  it  shall  be  unlawful,  excep  a 
otherwise  provided  in  this  Act,  for  any  such  common  c^i 
rier  by  railroad  to  use  on  its  lines  any  caboose-ca  ■  o 
other  car  used  for  like  purposes  unless  such  caboos  ■  o 
other  car  shall  be  at  least  24  feet  in  length,  excli  siv 
of  the  platforms,  and  equipped  with  two  four-w  tiec 
trucks,  and  said  caboose-car  or  other  car  shall  b ;  e 
constructive  strength  equal  to  that  of  the  30-ton-capi  clt 
freight  cars  constructed  according  to  Master  Car  Biiilc 
ers'  standards,  and  shall  be  provided  with  a  doo:-  I 
each  end  thereof  and  an  outside  platform  across  ^ac 
end  of  said  car;  each  platform  shall  be  not  less  than  2 
inches  in  width  ani  shall  be  equipped  with  proper  guar 
rails,  and  with  grab  irons  and  steps  for  the  safety  e 
persons  getting  on  and  off  of  said  car.  Said  steps  sha! 
be  equipped  with  a  suitable  rod,  board  or  other  guar 
at  each  end  and  at  the  back  thereof  properly  designed  t 
prevent  slipping  from  said  steps.  Said  caboose  shall  b 
not  less  than  11  feet  in  height,  with  cupola,  and  necfi 
sary  closets  and  windows;  provided,  that  this  Act  sha' 
not  apply  where  such  car  so  used  for  a  way  car  or  ci 
boose-car,  is  a  passenger  car  or  a  combination  passenge 
and  baggage  car. 

Cabooses  noto  in  use.  §  3.  Whenever  any  such  caboos 
car   or  other  car  now   in   use  by  any  such  common  ca) 


Public  Service  Laws 


873 


riers  as  provided  by  §  1  herein  shall,  after  this  Act  goes 
into  effect,  be  brought  Into  any  shop  for  general  repairs, 
it  shall  be  unlawful  to  again  put  tHe  same  into  the  serv- 
ice of  such  common  carrier  within  this  State,  unless  it 
be  equipped  as  provided  in  §  2  of  this  Act. 

Duty  0/  commission.  §4.  That  the  State  railroad  com- 
mission is  hereby  authorized  to  grant  to  any  common 
carrier  aforesaid,  upon  full  hearing  and  for  good  cause 
shown,  a  reasonable  extension  of  time  in  which  to  com- 
ply witli  the  provision  of  this  Act;  provided,  that  in  no 
case  shall  such  extension  in  the  aggregate  exceed  a 
period  of  one  year  from  the  time  herein  limited  for  com- 
pliance  with  this  Act. 

Penalty.  §  5.  Any  common  carrier  as  provided  In  sec- 
tion 1  of  this  Act  violating  any  of  the  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  $100  nor 
more  than  $500  for  each  offense. 

In  effect  forthwith.     §  6.     This  Act  shall  take  effect  and 
be  in   force  from  and  after  its  passage. 
Approved   March   13,   1911. 

OLLIS  STOCK  YARDS  ACT— 1911. 

"Stock  yard)s"  defined.  §  1.  The  term  stock  yards  as 
used  herein  shall  mean  and  embrace  all  corporations, 
individuals,  associations  of  individuals,  their  lessees, 
trustees  or  receivers  (appointed  by  any  court  of  lawful 
authority  whatsoever)  that  now  or  hereafter  may  own, 
operate,  manage  or  control  any  yards  and  iJens,  railroad 
tracks,  switches,  engines  or  other  motive  power,  for  the 
purpose  of  handling  live  stock  in  transit  and  for  sale 
and  all  stocks  yards  are  hereby  declared  to  be  common 
carriers. 

Jurisdiction  of  commission.  §  2.  The  State  railway  com- 
mission shall  have  pow€r  to  issue  orders  regulating  serv- 
ice and  charges  of  all  kinds  at  all  stock  yards,  and  the 
same  shall  be  enforced  in  the  same  manner  and  under 
the  same  penalties  as  orders  regulating  common  carriers; 
provided,  that  where  no  other  penalty  is  provided  by  law 
for  a  violation  of  any  such  order,  it  shall  be  punishable 
by  a  penalty  of  not  less  than  $100,  nor  more  than  $500, 
and  where  the  violation  is  a  continuing  one,  each  day 
thereof  shall  constitute  a  separate  offense. 

Demurrage.  §  3.  Every  stock  yard  shall  handle,  unload 
and  yard  all  cars  of  live  stock,  arriving  between  the 
hours  of  6  o'clock  a.  m.  and  6  o'clock  p.  m.  and  deliver 
into  yards  used  by  commission  company,  when  so  re- 
quested, within  two  hours  after  the  final  delivery  of  the 
same  at  the  tracks  of  said  stock  yard  by  the  connecting 
railroad,  except  in  cases  of  unavoidable  delay  or  unusual 
circumstances.  For  each  half  hour's  delay  in  handling 
and  unloading  live  stock  beyond  the  period  prescribed 
herein  any  such  stock  yard  shall  forfeit  and  pay  to  the 
shipper  of  said  live  stock  or  his  agent,  as  demurrage, 
within  24  hours  after  unloading  said  live  stock,  the  sum 
of  $5  for  each  car  of  live  stock  so  delayed.  Said  payment 
to  be  made  by  mailing  draft  or  certified  check  to  agent 
or  owner;  provided,  that  if  any  part  of  the  forfeitures 
described  in  this  section  shall  be  collected  by  a  suit  at 
law  an  attorney's  fee  of  $5  per  car  shall  be  allowed  the 
plaintiff  by  the  court,  but  not  exceeding  $15  on  any  one 
shipment. 

Record.  §  4.  Every  stock  yard  shall  keep  a  record  show- 
ing the  time  of  delivery  and  turning  over  at  the  yard 
of  said  stock  to  the  commission  firm,  agent  or  owner. 

Scale  facilities.  §  5.  Every  stock  yard  shall  furnish 
scale  facilities  sufficient  to  weigh  all  live  stock  without 
unreasonable  delay.  It  shall  furnish  yardage  to  handle 
all  live  stock  in  yards,  and  no  charge  shall  be  made  for 
yardage    where   yards   are   not   furnished. 

Repeal.  §  6.  That  §§  3167a  and  3167b  of  Cobbey's  An- 
notated Statutes  of  Nebraska  for  1909  be  and  the  same 
are   hereby   repealed. 

Approved  March  29,  1911. 

ANTI-PILPERING  IN  TRANSIT  ACT— 1911. 

Railroads  to  employ  watchmen.  §  1.  All  railway  com- 
panies and  common  carriers  shall  furnish  protection 
against  waste  or  theft  of  all  shipments  of  freight  in  car- 
load lots  within  this  State,  and  shall  employ  and  detail 
such    number   of   watchmen    as    the    railway   commission 


may  deem  necessary  to  carry  out  the  provisions  of  this 
Act. 

Diity  of  commission.  §2.  The  Nebraska  State  Railway 
Commission  shall  have  power  either  on  its  own  motion 
or  on  complaint  being  made,  to  determine  whether  such 
watchmen  are  needed  at  any  particular  place  and  the 
number  thereof,  and  to  render  such  decision  and  enter 
such  order  with  reference  thereto,  and  to  make  such 
orders,  rules  and  regulations  governing  the  duties  and 
conduct  of  such  watchmen  as  to  the  commission  shall 
seem  reasonable  or  necessary. 

Weiffhing  of  cars.  §  3.  The  Nebraska  State  Railway 
Commission  shall  have  power,  and  it  shall  be  its  duty 
to  enforce  reasonable  regulations  for  the  weighing  of 
cars  and  of  freight  offered  for  shipment  or  transported 
within  this  State. 

Track  scales.  §  4.  All  track  scales  used  by  common  car- 
riers for  the  purpose  of  weighing  freight  shipped  in  car- 
load lots  within  this  State  shall  be  under  the  control 
and  direction  and  jurisdiction  of  the  commission  and 
subject  to  inspection  by  it  or  under  its  direction. 

Power  to  condemn.  §  5.  The  commission  shall  have 
power  either  on  its  own  motion  or  on  complaint  being 
made  to  determine  whether  any  such  track  scale  Is  de- 
fective or  inefficient,  or  whether  the  time,  manner  or 
method  of  using  same  is  unreasonable,  ineffective  or 
unjust,  and  shall  have  power  to  condemn  any  such  scale 
found  to  be  defective  or  inefficient  and  prohibit  the  use 
of  the  same  while  in  that  condition,  and  to  render  such 
decision  and  to  make  such  order,  rule  or  regulation  as 
may  be   deemed  necessary   or  advisable. 

Penalty.  §  6.  Any  officer,  agent  or  representative  of 
any  railway  company  or  common  carrier  who  shall  vio- 
late any  of  the  provisions  of  this  Act,  or  who  shall  fail 
or  refuse  to  obey  and  carry  out  any  decision,  order,  rule 
-  ->  t*'"  Nebraska  State  Railway  Commission 
duly  entered  in  conformity  with  the  provisions  of  this 
Act,  shall  be  guilty  of  a  misdemeanor  and  uron  convic- 
tion shall  be  fined  for  each  offense  a  sum  of  not  less 
than  $100  nor  more  than  $500,  or  by  imprisonment  in 
the  county  jail  not  less  than  10  days  nor  more  than  30 
days,  or  both,  within  the  discretion  of  the  court. 

Approved  April  8,  1911. 

SHELTER  SHEDS  FOR  HOGS— 1911. 

Shelter  sheds  for  hogs — 1911.  §  1.  Every  railroad  com- 
pany operating  in  this  State  shall  on  or  before  January 
1,  1912,  build  and  maintain  adequate  and  safe  sheds  for 
the  protection  of  hogs  at  all  shipping  yards  from  which 
not  less  than  40  cars  of  hogs  are  shipped  per  annum; 
provided,  however,  that  at  shipping  yards  from  which  not 
less  than  40  cars  of  hogs  are  shipped  per  annum  the 
railroad  company  shall  provide  ample  sheds  for  shelter- 
ing at  least  one  car  of  hogs  and  that  the  capacity  of  the 
shed  protection  herein  provided  for  shall  be  increased 
so  as  to  take  care  of  one  additional  car  of  hogs  with 
each  additional  40  cars  of  hogs  shipped  from  said  sta- 
tion per  annum,  but  in  no  event  need  the  sheds  be  built 
to  accommodate  more  than  four  cars  of  hogs  at  any  one 
time.  Said  sheds  shall  be  constructed  in  a  safe  and  sub- 
stantial  form. 

Penalty  $5.00  per  day.  §  2.  Any  railroad  company  fall- 
ing or  neglecting  to  comply  with  the  provisions  of  this 
Act  shall  be  deemed  guilty  ofa^a  misdemeanor  and  upon 
conviction  thereof  shall  pay  a  fine  of  not  less  than  $5 
per  day  for  every  day  of  failure  or  neglect  to  provide, 
at  any  shipping  point  along  its  line,  the  sheds  required 
by  this  Act. 

Railway  commission  to  enforce.  §  3.  It  shall  he  the 
duty  of  the  State  railway  commission  to  enforce  the  pro- 
visions of  this  Act;  provided,  however,  that  upon  a 
proper  showing  by  any  railroad  company  that  it  cannot 
comply  with  the  terms  of  this  Act  by  January  1,  1912, 
the  State  railway  commission  is  hereby  empowered  to 
grant  such  extension  of  time  as  It  may  deem  reasonable 
and   just. 

Approved   April   8,   1911. 

CONSTRUCTION  OP  RAILROAD  BRIDGE  ACT— 1911. 

Height  of  bridge  above  stream.  §  1.  That  it  is  hereby 
made  the  duty  of  every  person,  company  or  corporation 
operating  a  railroad  in  the  State  of  Nebraska  to  so  con- 


874 


National  Association  of  Railway  Commissionees 


struct  all  bridges  on  its  line  of  railway  that  every  bridge 
over  a  running  stream  in  this  State  shall  have  an  open- 
ing below  high  water  line  whose  area  is  sufficient  to 
allow  the  free  and  unobstructed  passage  of  the  water  of 
such  running  stream  at  extreme  high  water  stage;  pro- 
vided, that  if  in  the  case  of  any  given  bridge  satisfactory 
proof  be  made  to  the  State  railway  commission  that  the 
dimensions  herein  prescribed  are  greater  than  are  neces- 
sary to  permit  the  unimpeded  passage  of  the  water  under 
such  bridge  at  high  water,  said  commission  may  by 
prder  authorize  the  construction  of  such  bridge  with  .di- 
mensions less  than  those  prescribed  in  this  section. 


Existing  bridges  to  conform.  §  2.  That  all  railroad 
bridges  heretofore  constructed  and  now  in  existence  shall 
be  made  to  conform  to  the  provisions  of  §  1  of  this  Act 
before  the  first  day  of  July,  1912;  provided,  that  the 
State  railway  commission  are  hereby  authorized  to  extend 
the  time  for  the  enlargement  of  any  existing  bridge  foi 
such  period  as  they  may  deem  just  and  reas-onable. 

Penalty  $10.00  per  day.  §  3.  That  every  person,  com' 
pany  or  corporation  failing  to  comply  with  the  provisions 
of  this  Act,  shall  on  conviction  thereof,  be  fined  in  the 
sum  of  $10  for  each  day  any  bridge  Is  maintained  In 
violation  of  the  provisions  of  this  Act. 

Approved  April  7,   1911. 


PUBLIC  SERVICE  LAWS  OF  NEVADA 


m 


constitutional  provisions, 
article  iv.  legislative  department. 

Legislature  shall  not  pass  local  or  special  laws  in  cer- 
tain cases — Cases  excepted.  §  20.  The  legislature  shall  not 
pass  local  or  special  laws  in  any  of  the  following  enumer- 
ated cases — that  is  to  say  *  *  *  Nothing  in  this  section 
shall  be  construed  to  deny  or  restrict  the  power  of  the  leg- 
islature to  establish  and  regulate  the  compensation  and 
fees  of  county  and  township  officers;  to  establish  and  regu- 
late the  rates  of  freight,  passage,  toll,  and  charges  of  rail- 
roads, toll  roads,  ditch,  flume  and  tunnel  companies  incor- 
porated under  the  laws  of  this  State  or  doing  business 
therein. 

Laws  to  be  general.  §  21.  In  all  cases  enumerated  in 
the  preceding  section,  and  in  all  other  cases  where  a  gen- 
eral law  can  be  made  applicable,  all  laws  -shall  be  general 
and  of  uniform  operation  throughout  the  State. 

ARTICLE   VIII.     MUNICIPAL   AND   OTHER   CORPORA- 
TIONS. 

Dues  may  be  secured.  §  3.  Dues  from  corporations 
shall  be  secured  by  such  means  as  may  be  prescribed  by 
law;  provided,  that  corporators  in  corporations  formed 
under  the  laws  of  this  State  shall  not  be  individually 
liable   for   the   debts   or   liabilities   of  such   corporations. 

Right  of  way.  §  7.  No  right  of  way  shall  be  appropri- 
ated to  the  use  of  any  corporation  until  full  compensa- 
tion be  first  made  or  secured  therefor. 

State  not  to  donate  or  loan.  §  9.  The  State  shall  not 
donate  or  loan  money  or  its  credit,  subscribe  to  or  be 
interested  in  the  stock  of  any  company,  association  or  cor- 
poration, except  corporations  formed  for  educational  or 
charitable  purposes. 

County,  etc.,  not  to  become  stockholder.  §  10.  No 
county,  city,  town  or  other  municipal  corporation  shall 
become  a  stockholder  in  any  joint  stock  company,  cor- 
poration or  association  whatever,  or  loan  its  credit  in  aid 
of  any  such  company,  corporation  or  association,  except 
railroad  corporations,  companies  or  associations. 

ARTICLE  XVIL    SCHEDULE. 

Laws  to  remain  in  force.  §  2.  All  laws  of  the  Territory 
of  Nevada,  in  force  at  the  time  of  the  admission  of  this 
State,  not  repugnant  to  this  constitution,  shall  remain  in 
force  until  they  expire  by  their  own  limitations,  or  be 
altered  or  repealed  by  ^jf/s  legislature. 

STATUTE  LAW. 

PUBLIC  SEBVICE  COMMISSION  ACT  OF  1911. 

[Approved  March  23,  1911.] 

The  people  of  the  State  of  Nevada,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Public  service  commission  created.  §  1.  A  public 
service  commission  is  hereby  created,  whose  duty  it 
shall  be  to  supervise  and  regulate  the  operations  of  the 
public  utilities  hereinafter  named,  such  supervision  and 
regulation  to  be  in  conformity  with  the  provisions  of 
this  Act. 

Railroad  commission  to  be  public  service  commission. 
§  2.  The  railroad  commission  of  Nevada  shall  be,  ex 
officio,  the  public  service  commission  hereby  created,  and 
for  the  purposes  of  this  Act  it  shall  be  known  as  and 


styled  "Public  Service  Commission  of  Nevada."  It  sliall 
provide  itself  with  a  seal  bearing  these  words,  by  wlilch 
its  official  acts  shall  be  authenticated  in  all  cases  where  a 
seal  is  required;  and  in  the  name,  as  above  set  forth,  it 
may  sue  and  be  sued  in  the  courts  of  the  State  and  of  the 
United  States.  The  secretary  of  the  railroad  commission 
of  Nevada  shall  act  as  secretary  of  the  commission  hereby 
created,  but  the  business  of  the  public  service  commission 
shall  be  kept  entirely  separate  from  that  of  the  railroad 
commission. 

Term  "public  utility"  defined.  §3.  The  term  "pu  )lle 
utility"  within  the  meaning  of  this  Act  shall  embrice 
every  corporation,  company,  individual,  association  of  in- 
dividuals, their  lessees,  trustees  or  receivers  appointed 
by  any  court  whatsoever,  that  now  or  hereafter  may  o  vn, 
operate  or  control  any  plant  or  equipment,  or  any  pari  of 
a  plant  or  equipment  within  the  State  for  the  production, 
delivery  or  furnishing  for  or  to  other  persons,  firms,  as  so- 
ciations  or  corporations,  private  or  municipal,  heat,'  11;  ht, 
power  in  any  form  or  by  any  agency,  water  for  businc  ss, 
manufacturing,  agricultural  or  household  use,  or  sewer,  ge 
service  whether  within  the  limits  of  municipalities,  tox  na 
or  villages,  or  elsewhere;  and  the  public  service  comrds- 
sion  is  hereby  invested  with  full  power  of  supervisi  in, 
regulation  and  control  of  all  such  utilities,  subject  to  he 
provisions  of  this  Act  and  to  the  exclusion  of  the  jurist  ic- 
tion,  regulation  and  control  of  such  utilities  by  i  ny 
municipality,  town  or  village. 

Commission  may  prescribe  rules  of  procedure.  §  4.  In 
addition  to  the  modes  of  procedure  hereinafter  prescri  ed 
in  particular  cases  and  classes  of  cases,  said  commiss  on 
shall  have  power  to  prescribe  rules  of  procedure,  ;  nd 
to  do  all  things  necessary  and  convenient  in  the  exerc  ise 
of  the  powers  by  this  Act  conferred  upon  the  commissi  iu; 
provided,  that  nothing  in  this  Act  shall  be  construed  as 
vesting  judcial  powers  in  said  commission,  or  as  deny  ng 
to  any  person,  firm,  association,  corporation,  municipal  ty, 
county,  town  or  village  the  right  to  test  in  a  court  of  cura- 
petent  jurisdiction  the  legality  or  reasonableness  of  i  ny 
final  order  made  by  the  commission  in  the  exercise  of  its 
duties  or  powers. 

Charges  for  utilities  must  be  reasonable  and  just,  i  5. 
Every  public  utility  is  required  to  furnish  reasonably  i  de- 
quate  service  and  facilities.  The  charge  made  by  :iny 
public  utility  for  any  heat,  light,  water  or  power  produc  ed, 
transmitted,  delivered  or  furnished  or  for  any  service  to  be 
rendered,  as  or  in  connection  with  any  public  utility,  sliall 
be  reasonable  and  just,  and  every  unjust  and  unreasonable 
charge  is  prohibited  and  declared  unlawful. 

Commission  may  investigate  all  public  utilities.  §  6. 
The  commission  may,  in  its  discretion,  investigate  and  as- 
certain the.  value  of  all  the  property  of  every  public  utility 
actually  used  and  useful  for  the  convenience  of  the  I  ub- 
lic.  In  making  such  investigation  the  commission  nay 
avail  itself  of  all  information  contained  in  the  assessinent 
rolls  of  the  various  counties  and  the  public  records  of 
the  various  branches  of  the  State  government  or  any  other 
information  obtainable. 

All  public  utilities  must  report  to  commission.  §  7. 
Every  public  utility  shall  keep  and  render  to  the  commis- 
sion in  manner  and  form  prescribed  by  the  commission, 
uniform  and  detailed  accounts  of  all  business  transacteil. 

Uniform  accounts,  (a)  Every  public  utility  enp: 
directly  or  indirectly  in  any  other  business  than  il 
mentioned  in  §  3  of  this  Act,  shall,  if  required  by  the  com- 


Public  Service  Laws 


875 


mission,  keep  and  render  in  like  manner  and  form  the 
accounts  of  all  such  other  business,  in  which  case  all  the 
provisions  of  this  Act  shall  apply  with  like  force  and  effect 
to  the  books,  accounts,  papers  and  records  of  such  other 
business.  The  commission  shall  cause  to  be  prepared  suit- 
able blanks  for  carrying  out  the  purpose  of  this  Act,  and 
shall,  when  necessary,  furnish  such  blanks  to  each  public 
utility.  No  public  utility  shall  keep  any  other  books,  ac- 
counts, papers  or  records  of  the  business  transacted  than 
those  prescribed  or  approved  by  the  commission.  Each 
public  utility  shall  have  an  office  within  this  State,  and 
shall  keep  in  said  office  all  such  books,  accounts,  records 
or  papers,  none  of  which  shall  be  removed  at  any  time  from 
the  State  except  upon  such  conditions  as  may  be  pre- 
scribed by  the  commission. 

Annual  report,  (b)  The  accounts  of  all  such  public  util- 
ities shall  be  closed  annually  on  the  30th  day  of  June,  a 
balance  sheet  taken  promptly  therefrom,  and  full  annual  re- 
ports of  the  business  be  made  to  the  commission  not  later 
than  the  15th  day  of  September  following  the  closing  of  the 
accounts.  The  reports  shall  be  in  such  form  as  may  be 
prescribed  by  the  commission,  and  shall  contain  all  the 
information  deemed  by  the  commission  necessary  for  the 
proper  performance  of  its  duties.  The  commission  may, 
at  any  time,  call  for  desired  information  omitted  from  such 
reports,  or  not  provided  for  therein,  whenever,  in  the 
judgment  of  the  commission,  such  information  is  necessary. 

Right  of  examination,  (c)  Any  commissioner,  or  any 
person  or  persons  authorised  by  the  commission,  shall 
have  the  right  to  examine  the  books,  accounts,  records  and 
papers  of  any  public  utility,  for  the  purpose  of  deter- 
mining their  correctness,  and  whether  they  are  being 
kept  in  accordance  with  the  rules  and  system  prescribed 
by  the  commission. 

Penalty  lor  failure  to  make  report.  %  8.  Any  officer, 
agent  or  person  in  charge  of  the  books,  accounts,  records 
and  papers,  or  any  of  them,  of  any  public  utility,  who 
shall  refuse  or  fail  for  a  period  of  thirty  days  to  furnish 
the  commission  with  any  report  required  by  the  pro- 
visions of  this  Act,  and  any  officer,  agent  or  person  in 
charge  of  any  particular  books,  accounts,  records  or  papers 
relating  to  the  business  of  such  public  utility  who  shall 
refuse  to  permit  any  commissioner  or  other  person  duly 
authorized  by  the  commission  to  inspect  such  books,  ac- 
counts, records  or  papers  on  behalf  of  the  commission, 
shall  be  subject  to  a  fine  of  not  less  than  $100  or  more 
than  $500,  such  fine  to  be  recovered  in  a  civil  action  upon 
the  complaint  of  the  commission  in  any  pourt  of  com- 
petent jurisdiction;  and  each  day's  refusal  or  failure  on 
the  part  of  such  officer,  agent  or  person  in  charge  shall 
be  deemed  a  separate  offense,  and  be  subject  to  the  penalty 
herein  prescribed. 

Commission  to  make  annual  report.  §  9.  The  commis- 
sion shall  make  and  publish  annual  reports  for  each 
calendar  year  showing  its  proceedings,  which  reports 
shall,  as  nearly  as  may  be,  conform  in  a  general  way  to 
those  of  the  railroad  commission  of  this  State,  and  be 
made  at  the  same  time.  All  the  reports,  records,  ac- 
counts, books,  files,  papers  and  memoranda  of  every  na- 
ture in  the  possession  of  the  commission  shall  be  open 
to  the  public,  at  all  reasonable  times,  subject  to  the  ex- 
ception that  when  the  commission  deems  it  necessary,  in 
the  interest  of  the  public,  it  may  withhold  from  the  pub- 
lic any  facts  or  information  in  its  possession  for  a  period 
of  not  more  than  90  days  after  the  acquisition  of  such 
facts  or  information. 

Commission  to  fix  standards  for  service.  §  10.  The  com- 
mission shall  ascertain  and  prescribe  for  each  kind  of 
!  public  utility  adequate,  convenient  and  serviceable  stand- 
ards for  the  measurement  of  quality,  pressure,  voltage  or 
i  other  conditions  pertaining  to  the  supply  of  the  product 
;  or  service  rendered  by  any  public  utility,  and  prescribe 
I  reasonable  regulations  for  the  examination  and  testing 
j  of  such  products  or  service  and  for  the  measurement 
1  thereof.  Any  consumer,  user  or  party  served  may  have 
.  the  quality  or  quantity  of  the  product  or  the  character  of 
:  any  service  rendered  by  any  public  utility  tested  upon 
;  the  payment  of  fees  fixed  by  the  commission,  which  fees, 
i  however,  shall  be  paid  by  the  public  utility  and  repaid 
I  to  the  complaining  party  if  the  quality  or  quantity  of  the 
!  product  or  the  character  of  the  service  be  found  by  the 
i  commission  defective  or  insufficient  in  a  degree  to  justify 
■  the  demand  for  testing;  or  the  commission  may  apportion 
the  fees  between  the  parties  as  justice  may  require. 


Commission  may  procure  testing  or  measuring  appa- 
ratus. The  commission  may,  in  its  discretion,  purchase 
such  materials,  apparatus  and  standard  measuring  instru- 
ments for  such  examinations  and  tests  as  it  may  deem 
necessary.  The  commission  shall  have  the  right  and 
power  to  enter  upon  any  premises  occupied  by  any  public 
utility  for  the  purpose  of  making  the  examinations  and 
tests  provided  for  in  this  Act  and  set  up  and  use  on  such 
premises  any  necessary  apparatus  and  appliances  and 
occupy  reasonable  space  therefor.  Any  public  utility 
refusing  to  allow  such  examinations  to  be  made  as  herein 
provided  shall  be  subject  to  the  penalties  prescribed  in 
§  8  of  this  Act. 

Utility  companies  must  file  schedules  with  commission — 
Schedules  to  be  posted  for  public  inspection.  §  11.  Every 
public  utility  shall  file  with  the  commission  within  a 
time  to  be  fixed  by  the  commission,  schedules  which  shall 
be  open  to  public  inspection,  showing  all  rates,  tolls  and 
charges  which  it  has  established  and  which  are  in  force 
at  the  time  for  any  service  performed  or  product  furnished 
in  connection  therewith  by  any  public  utility  controlled 
Or  operated  by  it.  In  connection  with  such  schedule,  and 
as  a  part  of  it,  shall  also  be  filed  all  rules  and  regulations 
that  in  any  manner  affect  the  rates  charged  or  to  be 
charged  for  any  service  or  product.  A  copy  or  so  much  of 
said  schedules  as  the  commission  shall  deem  necessary  for 
the  use  of  the  public  shall  be  printed  in  plain  type  and 
posted  in  every  station  or  office  of  such  public  utility 
where  payments  are  made  by  the  consumers  or  users,  open 
to  the  public,  in  such  form  and  place  as  to  be  readily 
accessible  to  the  public  and  conveniently  inspected.  When 
a  schedule  of  joint  rates  or  charges  is  or  may  be  in  force 
between  two  or  more  public  utilities,  such  schedule  shall, 
in  like  manner,  be  printed  and  filed  with  the  commission, 
and  so  much  thereof  as  the  commission  may  deem  nec- 
essary for  the  use  of  the  public  shall  be  posted  con- 
spicuously in  every  station  or  office  as  in  this  section 
above  provided. 

Schedules  not  changed  without  legal  notice.  No  changes 
shall  thereafter  be  made  in  any  schedule,  including  sched- 
ules or  joint  rates,  or  in  the  rules  and  regulations  affect- 
ing any  and  all  rates  or  charges  except  upon  30  days' 
notice  to  the  commission  and  all  such  charges  shall  oe 
plainly  indicated,  or  by  filing  new  schedules  in  lieu  thereof 
30  days  prior  to  the  time  the  same  are  to  take  effect; 
provided,  that  the  commission,  upon  application  of  any 
public  utility,  may  prescribe  a  less  time  within  which  a 
reduction  may  be  made.  Copies  of  all  new  or  amended 
schedules  shall  be  filed,  and  posted  in  the  stations  and 
offices  of  public  utilities  as  in  the  case  of  original  schedules. 

No  rebates  or  discrimination  in  rates  charged.  §  12.  It 
shall  be  unlawful  for  any  public  utility  to  charge,  demand, 
collect  or  receive  a  greater  or  less  compensation  for  any 
service  performed  by  it  within  the  State  or  for  any  service 
in  connection  therewith  than  is  specified  in  such  printed 
schedules,  including  schedules  of  joint  rates,  as  may  at  the 
time  be  in  force,  or  to  demand,  collect  or  receive  any 
rate,  toll  or  charge  not  specified  in  such  schedules.  The 
rates,  tolls  and  charges  named  therein  shall  be  the  lawful 
rates,  tolls  and  charges  until  the  same  are  changed  as 
provided  in  this  Act.  It  shall  likewise  be  unlawful  for 
any  public  utility  to  grant  any  rebate,  concession  or 
special  privilege  to  any  consumer  or  user,  which  directly 
or  indirectly  shall  or  may  have  the  effect  of  changing  the 
rates,  tolls,  charges  or  payments,  and  any  violation  of  the 
provisions  of  this  section  shall  subject  the  violator  to  the 
penalty  prescribed  in  §  10  of  this  Act.  This,  however, 
shall  not  have  the  effect  of  suspending,  rescinding,  invali- 
dating or  in  any  way  affecting  existing  contracts. 

Com,mission  may  classify  service  of  utilities.  §  13.  The 
commission  may  prescribe  classifications  of  the  service 
of  all  public  utilities,  and  in  such  classifications  may  take 
into  account  the  quantity  used,  the  time  when  used,  and 
any  other  reasonable  consideration.  Each  public  utility 
is  required  to  conform  its  schedule  of  rates,  tolls  and 
charges  to  such  classifications,  for  which  schedules  the 
commission  may,  when  necessary,  prescribe  the  forms. 

Commission  may  adopt  rules  regarding  inspection,  etc. 
§  14.  The  commission  shall  have  power  to  adopt  reason- 
able and  proper  rules  and  regulations  relative  to  all  in- 
spections, tests,  audits  and  investigations,  and  to  adopt  and 
publish  reasonable  and  proper  rules  to  govern  its  pro- 
ceedings  and   to   regulate   the   mode   and   manner   of  all 


87G 


National  Association  of  Railway  Commissioneus 


investigations  and  liearings  held  for  the  purpose  of  de- 
termining any  question  affecting  public  utilities;  provided, 
that  all  such   hearings  shall  be   public. 

Utilities  must  produce  accounts,  etc.  §  15.  The  com- 
mission may  require,  by  order  to  be  served  on  any  public 
utility  in  the  same  manner  as  a  summons  in  a  civil  action, 
the  production  at  such  time  and  place  as  the  commission 
may  designate  of  any  books,  accounts,  papers  or  records 
kept  by  such  public  utility  in  any  office  or  place  without 
the  State  of  Nevada,  or  verified  copies  in  lieu  thereof,  if 
the  commission  shall  so  direct,  in  order  that  an  examina- 
tion thereof  may  be  made  by  the  commission  or  under 
its  direction,  or  for  use  as  testimony.  If  any  public  utility 
shall  refuse  or  fail  to  comply  with  such  order,  the  said 
utility  shall  be  subject  to  the  liability  named  in  §  8. 

Expert  may  he  employed.  §  16.  The  commission  shall 
have  the  authority  to  employ  an  expert  engineer  at  a 
salary  of  $3,600  per  annum  and  necessary  traveling  ex- 
penses and  is  invested  with  full  power  to  remove  such 
engineer  whenever  his  services  shall  be  unsatisfactory 
to  the  commission.  The  commission  may  employ  and  re- 
move such  other  experts,  clerks  and  assistants  as  it  shall 
deem  necessary,  and  fix  their  compensations. 

Investigation  of  unreasonable  charges  by  commission, 
when.  %  17.  Upon  a  complaint  made  against  any  public 
utility  by  any  mercantile,  agricultural  or  manufacturing 
society  or  club,  or  by  any  body  politic  or  municipal  organi- 
zation Or  by  any  person  or  persons,  firm  or  firms,  cor- 
poration or  corporations,  or  association  or  associations,  the 
same  being  interested,  that  any  of  the  rates,  tolls,  charges 
or  schedules  of  any  joint  rate  or  rates  are  in  any  respect 
unreasonable  or  unjustly  discriminatory,  or  that  any  regu- 
lations, measurements,  practice  or  Act  whatsoever  affect- 
ing or  relating  to  the  production,  transmission  or  delivery 
or  furnishing  of  heat,  light,  water  or  power,  or  any  service 
in  connection  therewith  is,  in  any  respect,  unreasonable, 
insufficient  or  unjustly  discriminatory,  or  that  any  service 
is  inadequate,  the  commission  shall  proceed,  with  or  with- 
.out  notice,  to  make  such  investigation  as  it  may  deem 
necessary.  But  no  order  affecting  said  rates,  tolls,  charges, 
schedules,  regulations,  measurements,  practice  or  act  com- 
plained of  shall  be  entered  without  a  formal  hearing. 

Utility  to  have  notice,  (a)  The  commission  shall,  prior 
to  such  formal  hearing,  notify  the  public  utility  complained 
of  that  complaint  has  been  made,  stating  the  substance 
thereof,  or,  if  deemed  necessary,  accompanying  the  notice 
with  a  copy  of  the  complaint,  and  10  days  after  such  notice 
has  been  given,  the  commission  may  set  a  time  for  a 
hearing. 

Notice  of  public  hearing,  (b)  The  commission  shall 
give  the  public  utility  and  the  complainant  or  complainants 
at  least  10  days'  notice  of  the  time  when,  and  the  place 
where,  such  hearing  will  be  held,  at  which  hearing  both 
the  complainant  and  the  public  utility  shall  have  the  right 
to  appear  by  counsel  or  otherwise,  and  be  fully  heard. 
Either  party  shall  be  entitled  to  an  order  by  the  commis- 
sion for  the  appearance  of  witnesses  or  the  production  of 
books,  papers  and  documents  containing  material  testi- 
mony. Witnesses  appearing  upon  the  order  of  the  commis- 
sion shall  be  entitled  to  the  same  fees  and  mileage  as 
witnesses  in  civil  cases  in  the  courts  of  the  State,  and 
the  same  shall  be  paid  out  of  the  State  treasury  in  the 
same  manner  as  other  claims  against  the  State  are  paid; 
but  no  fees  or  mileage  shall  be  allowed,  unless  the  chair- 
man of  the  commission  shall  certify  to  the  correctness  of 
the  claim. 

Disobedience  of  summons  same  as  contempt  of  court. 
§  18.  If  any  party  ordered  to  appear  before  the  commis- 
sion as  a  witness  shall  fail  to  obey  such  order,  the  com- 
mission, or  any  member,  or  the  secretary  thereof,  may 
apply  to  the  clerk  of  the  nearest  district  court  for  a  sub- 
poena commanding  the  attendance  of  said  witness  before 
the  commission.  It  shall  be  the  duty  of  such  clerk  to  issue 
such  subpoena,  and  of  any  peace  officer  to  serve  the  same. 
Disobedience  to  such  subpoena  shall  be  deemed  a  contempt 
of   court   and   punished   accordingly. 

Commission  may  lower  rates.  §  19.  If  upon  such  hear- 
ing and  due  investigation,  the  rates,  tolls,  charges,  sched- 
ules or  joint  rates  shall  be  found  to  be  unjust,  unreasonaole 
or  unjustly  discriminatory,  or  to  be  preferential  or  other- 
wise in  violation  of  any  of  the  provisions  of  this  Act,  the 
commission  shall  have  the  power  to  fix  and  order  substi- 
tuted therefor  euch  rate  or  rates,  tolls,  charges  or  sched- 


ules as  shall  l>e  just  and  reasonable.  If  it  shall  in  a  liki 
manner  be  found  that  any  regulation,  measurement,  prac 
tice,  act  or  service  complained  of  is  unjust,  unreasonable 
insufficient,  preferential,  unjustly  discriminatory,  or  othei 
wise  in  violation  of  the  provisions  of  this  Act,  or  if  it  b 
found  that  the  service  is  inadequate,  or  that  any  reasor 
able  service  cannot  be  obtained,  the  commission  shal 
have  power  to  substitute  therefor  suoh  other  regulationt 
measurements,  practices,  service  or  acts,  and  make  sucl 
order  relating  thereto  as  may  be  just  and  reasonable. 

Separate  hearings,  tchen.  (b)  When  complaint  is  mad 
of  more  than  one  rate,  charge  or  practice,  the  commissioi 
may,  in  its  discretion,  order  separate  hearings  upon  th 
several  matters  complained  of  and  at  such  times  ani 
places  as  it  may  prescribe.  No  complaint  shall  at  an; 
time  be  dismissed  because  of  the  absence  of  direct  damag 
to  the  complainant.  The  commission  may  at  any  tim< 
upon  its  own  motion,  investigate  any  of  the  rates,  tolls 
charges,  rules,  regulations,  practices,  and  service,  an* 
after  a  full  hearing  as  above  provided,  by  order  make  sue; 
changes  as  may  be  just  and  reasonable,  the  same  as  if 
formal   complaint  had   been  made. 

Depositions  of  witnesses.  §  20.  The  commission,  or  an 
party  to  any  proceeding  before  it,  may  cause  the  de  )os: 
tions  of  witnesses  to  be  taken  in  the  manner  prescribei 
by   law   for  like   depositions   in   civil   actions. 

Record  of  all  proceedings  to  be  taken  by  stenograi  hei 
§  21.  A  full  and  complete  record  shall  be  kept  of  all  pre 
ceedings  before  the  commission  or  its  representative  o: 
any  formal  investigation,  and  all  testimony  shall  be  t;  ke; 
down  by  the  stenographer  appointed  by  the  commiss  ioi 
Whenever  any  complaint  is  served  upon  the  commis^io: 
as  hereinafter  provided  for  the  bringing  of  actions  ag£  ins 
the  commission,  before  the  action  is  reached  for  trial,  th 
commission  shall  cause  a  certified  copy  of  all  proceed  ng 
held  and  testimony  taken  upon  such  investigation  tc  b 
filed  with  the  clerk  of  the  court  in  which  the  actio  i  i 
pending. 

JVo  one  excused  from  testifying  on  grounds  of  se'i  f-if 
crimination.  §  22.  No  person  shall  be  excused  from  tei 
tifying,  or  from  producing  books  and  papers  in  any  pr< 
ceedings  based  upon  or  growing  out  of  any  alleged  v  oU 
tion  of  the  provisions  of  this  Act,  on  the  ground  of  or  fo 
the  reason  that  the  testimony  or  evidence,  documentar  •  o 
otherwise,  required  of  him  may  tend  to  incriminate  or  4ul 
ject  him  to  penalty  or  forfeiture;  but  no  person  havin  s 
testified  shall  be  prosecuted  or  subjected  to  any  pen  ilt: 
or  forfeiture  for,  or  on  account  of,  any  transaction,  mj  tte 
or  thing  concerning  which  he  may  have  testified  or  pr< 
duced  any  documentary  evidence;  provided,  that  no  pel 
son  so  testifying  shall  be  exempted  from  prosecutioi  o 
punishment  for  perjury  in  so  testifying. 

Refusal  to  make  reports.  §  23.  Any  officer,  agent .  o 
employe  of  any  public  utility  who  shall  wilfully  fail  oi  r« 
fuse  to  fill  out  and  return  any  blanks  as  required  by  thl 
Act,  or  shall  wilfully  fail  or  refuse  to  answer  any  ciiei 
tions  therein  propounded,  or  shall  knowingly  or  will  ull; 
give  a  false  answer  to  any  such  questions,  or  shall  e'  ad' 
the  answer  to  any  such  question,  where  the  fact  inquirei 
of  is  within  his  knowledge,  or  who  shall,  upon  propei  d« 
mand,  wilfully  fail  or  refuse  to  exhibit  to  any  commissioi 
or  any  commissioners,  or  any  person  also  authorize. I  t( 
examine  the  same,  any  book,  paper  or  account  of  ;  ucl 
public  utility  which  is  in  his  possession  or  under  his  con 
trol,  shall  be  subject  to  the  penalty  prescribed  in  M  0 
this  Act. 

Commission  to  enforce  this  Act.  §24.  The  commissioi 
shall  inquire  into  any  neglect  or  violation  of  the  laws  o 
this  State  by  any  such  public  utility  as  hereinbefore  d« 
fined,  doing  business  therein,  or  by  the  officers,  agents  o: 
employes  thereof,  and  shall  have  the  power,  and  it  s  hal 
be  its  duty,  to  enforce  the  provisions  of  this  Act,  ane  re 
port  all  violations  thereof  to  the  attorney-general;  >ipoi 
the  request  of  the  commission  it  shall  be  the  duty  of  th( 
attorney-general,  or  the  prosecuting  attorney  of  the  proper 
or  any  county,  to  aid  in  any  investigations,  prosecut  ons 
hearing  or  trial  had  under  the  provisions  of  this  Act,  ani 
to  institute  and  prosecute  all  necessary  actions  or  proe  eed 
ings  for  the  enforcement  of  this  Act. 

All  rates  and  regulations  fixed  by  commission,  pritiu 
facie  lawful.  §25.  All  rates,  fares,  charges,  classification! 
and  joint  rates  fixed  by  the  commission  shall  be  enforced 
and  shall  be  prima  facie  lawful,  from  the  date  of  the  ordei 


Public  Service  Laws 


877 


until  changed  or  modified  by  tlie  commission,  or  in  pur- 
suance of  §  26  of  this  Act.  All  regulations,  practices  and 
service  prescribed  by  the  commission  shall  be  enforced  and 
shall  be  prima  facie  reasonable  unless  suspended  or  found 
otherwise  in  an  action  brought  for  that  purpose,  pur- 
suant to  the  provisions  of  §  27  of  this  Act,  or  until  changed 
or  modified  by  the  commission  itself  upon  satisfactory 
showing  made. 

Appeal  to  District  Court,  when.  §  26.  Any  party  in 
Interest  being  dissatisfied  with  an  order  of  the  commission 
fixing  any  rate  or  rates,  fares,  charges,  classifications,  .joint 
rate  or  rates,  or  any  order  fixing  any  regulations,  practices 
or  services,  may  within  90  days  commence  an  action  in 
the  district  court  of  the  proper  county  against  the  com- 
mission and  other  interested  parties  as  defendants  to 
vacate  and  set  aside  any  such  order  on  the  ground  that 
the  rate  or  rates,  fares,  charges,  classifications,  joint  rate 
or  rates  fixed  in  such  order  is  unlawful  or  unreasonable, 
or  that  any  such  regulation,  practice  or  service,  fixed  in 
such  order,  is  unreasonable.  The  comm.ission  and  other 
parties  defendant  shall  file  their  answers  to  said  complaint 
within  30  days  after  the  service  thereof,  whereupon  such 
action  shall  be  at  issue  and  stand  ready  for  trial  upon 
20  days'  notice  to  either  party. 

Actions  to  have  precedence.  All  actions  brought  under 
this  section  shall  have  precedence  over  any  civil  cause  of 
a  different  nature  pending  in  such  court,  and  the  court  shah 
always  be  deemed  open  for  the  trial  thereof  and  the  same 
shall  be  tried  and  determined  as  other  civil  actions;  any 
party  to  such  action  may  introduce  evidence  in  addition 
to  the  transcript  of  the  evidence  offered  to  said  commis- 
sion. 

Injunction  only  order  of  court,  (a)  No  injunction  shall 
issue  suspending  or  staying  any  order  of  the  commission 
except  upon  application  to  the  court  or  judge  thereof, 
notice  to  the  commission  having  been  first  given  and  hear- 
ing having  been  had  thereon;  provided,  that  all  rates  fixed 
by  the  commission  shall  be  deemed  reasonable  and  just,  and 
shall  remain  in  full  force  and  effect  until  final  determina- 
tion by  the  courts  having  jurisdiction. 

Contradictory  evidence,  how  treated,  (b)  If,  upon  the 
trial  of  such  action,  evidence  shall  be  introduced  by  the 
plaintiff  which  is  found  by  the  court  to  be  different  from 
that  offered  upon  the  hearing  before  the  commission,  or 
additional  thereto,  the  court,  before  proceeding  to  render 
judgment,  unless  the  parties  to  such  action  stipulate  in 
writing  to  the  contrary,  shall  transmit  a  copy  of  such 
evidence  to  the  commission,  and  shall  stay  further  proceed- 
ings in  said  action  for  15  days  from  the  date  of  such 
transmission.  Upon  receipt  of  such  evidence  the  commis- 
sion shall  consider  the  same,  and  may  later  modify,  amend 
or  rescind  its  order  relating  to  such  rate  or  rates,  fares, 
charges,  classifications,  joint  rate  or  rates,  regulation, 
practice  or  service  complained  of  in  said  action,  and  shall 
report  its  action  thereon  to  said  court  within  ten  days 
from  the   receipt  of   such   evidence. 

Order  may  &e  rescinded  or  modified,  when,  (c)  If  the 
commission  shall  rescind  its  order  complained  of,  the 
action  shall  be  dismissed;  if  It  shall  alter,  modify  or  amend 
the  same,  such  altered,  modified  or  amended  order  shall 
take  the  place  of  the  original  order  complained  of,  and 
judgment  shall  be  rendered  thereon,  as  though  made  by 
the  commission  in  the  first  instance.  If  the  original  order 
shall  not  be  rescinded  or  changed  by  the  commission,  judg- 
ment shall  be  rendered  upon  such  original  order. 

Appeal  may  ie  taken,  when,  (d)  Either  party  to  said 
action  within  60  days  after  service  of  a  copy  of  the  order 
or  judgment  of  the  court  may  appeal  or  take  the  case  up 
on  error  as  in  other  civil  actions.  Where  an  appeal  is 
taken  to  the  Supreme  Court  of  Nevada  the  cause  shall, 
on  the  return  of  the  papers  to  the  higher  court,  be  im- 
mediately placed  on  the  calendar  of  the  then  pending  term, 
and  shall  be  assigned  and  brought  to  a  hearing  in  the  same 
manner  as  other  causes  on  the  calendar. 

Burden  of  proof,  (e)  In  all  actions  under  this  Act  the 
burden  of  proof  shall  be  upon  the  party  attacking  or  re- 
sisting the  order  of  the  commission  to  show  by  clear  and 
satisfactory  evidence  that  the  order  is  unlawful,  or  un- 
reasonable, as  the  case  may  be. 

Notice  of  serious  accidents  to  persons  given  commission. 
I  27.  Every  public  utility  shall,  whenever  an  accident  oc- 
curs in  the  conduct  of  its  operations,  causing  death  or 
personal   injuries,    give   immediate   notice    thereof   to    the 


commission.  If  in  its  judgment  the  public  interest  re- 
quires it,  the  commission  shall  cause  an  investigation  to 
be  made  forthwith,  at  such  place  and  In  such  manner  as 
the  commission  shall  deem  it  best. 

Penalties  for  public  utility  violating  this  Act.  §  28.  If 
any  public  utility  shall  violate  any  prf'vision  of  this  Act, 
or  shall  do  any  act  herein  prohibited,  or  shall  fail,  or  re- 
fuse to  perform  any  duty  enjoined  upon  it,  or  upon  failure 
of  any  public  utility  to  place  in  operation  any  rate  or  joint 
rate,  or  do  any  act  herein  prohibited,  for  which  a  penalty 
has  not  been  provided,  or  shall  fail,  neglect  or  refuse  to 
obey  any  lawful  requirement  or  order  made  by  the  com- 
mission or  any  court,  for  every  such  violation,  failure  or 
refusal,  such  public  utility  shall  be  subject  to  the  penalty 
prescribed  by  §  8  of  this  Act. 

All  reports  to  commission  must  be  sworn  to.  §  29.  Every 
annual  report,  record  or  statement  required  by  this  Act 
to  be  made  to  the  commission  shall  be  sworn  to  by  the 
proper  officer,  agent  or  person  in  charge  of  such  public 
utility.  Any  intentionally  false  oath  as  to  the  correctness 
of  such  report,  record  or  statement,  shall  be  deemed  per- 
jury, and  the  person  making  such  false  oath  shall,  .upon 
conviction,  be  punished  as  in  the  case  of  other  perjuries. 

Ruits  at  law — Attorney-general  to  represent  commission. 
§  30.  Any  forfeiture  or  penalty  herein  provided  shall  be 
recovered  and  suit  thereon  shall  be  brought  In  the  name 
of  the  State  of  Nevada,  in  the  District  Court  of  any  county 
having  jurisdiction  of  the  defendant.  The  attorney-gen- 
eral of  Nevada  shall  be  the  counsel  in  any  proceeding,  in- 
vestigation, hearing  or  trial,  prosecuted  or  defended  by  the 
commission,  as  also  shall  any  prosecuting  attorney  se- 
lected by  said  commission,  or  other  special  counsel  fur- 
nished said  commission  in  any  county  v/here  such  action 
is  pending. 

Mandamus,  ivhen.  §  31.  In  addition  to  all  the  other 
remedies  provided  by  this  Act  for  the  prevention  and 
punishment  of  any  and  all  violations  of  the  provisions 
thereof,  and  all  orders  of  the  commission,  the  commission 
may  compel  compliance  with  the  provisions  of  this  Act 
and  of  the  orders  of  the  commission  by  proceedings  in 
mandamus,    injunction,    or   by   other    civil   remedies. 

Printing  for  commission.  §  2.  Except  in  cases  of  emer- 
gency, all  the  necessary  printing  of  the  commission  shall 
be  done  at  the  State  printing  ofllce,  and  it  is  made  the  duty 
of  the  state  printer  to  have  such  printing  done  as  ex- 
peditiously as  possible. 

Traveling  and  other  expenses.  §  33.  The  commission 
and  secretary,  and  such  clerks  and  experts  as  may  be  em- 
ployed, shall  be  entitled  to  receive  from  the  State  their 
necessary  expenses  while  traveling  on  the  business  of  the 
commission,  including  the  cost  of  lodging  and  subsistence. 
Such  expenditure  shall  be  sworn  to  by  the  person  who  in- 
curred the  expenses  and  be  approved  by  the  chairman  of 
the  commission. 

Each  section  independent  of  all  others  as  regards  con- 
stitutionality. *  34.  Each  section  of  this  Act  and  every 
part  of  each  section  are  hereby  declared  to  be  independent 
sections  and  parts  of  sections,  and  the  holding  of  any  sec- 
tion or  part  thereof  to  be  void  or  inoperative  for  any 
cause  shall  not  be  deemed  to  affect  any  other  section  thereof. 

Appropriation.  §  35.  For  the  purpose  of  carrying  out 
the  provisions  of  this  Act,  the  sum  of  $5,000,  exclusive  of 
the  amount  named  as  the  salary  of  the  engineer,  is  hereby 
appropriated  out  of  any  moneys  in  the  treasury  not  other- 
wise appropriated. 

RAILROAD  COMMISSION  ACT  OP  1907. 

Session  Laws  of  Nevada,  1907,  page  73. 

[Approved  March  5,  1907.] 

Railroad  commission  created.  §  1.  [As  amended  by  Act 
approved  March  27,  1911.]  A  railroad  commission  is  hereby 
created,  to  be  composed  of  three  commissioners.  The 
governor,  the  lieutenant-governor  and  the  attorney-general 
shall  constitute  a  railroad  board  for  the  purpose  of  ap- 
pointing such  commissioners.  A  majority  of  the  mem- 
bers of  said  railroad  board  may  perform  all  the  duties 
required  of  said  board.  Within  30  days  after  the  passage 
of  this  Act  the  railroad  board  shall  appoint  such  com- 
missioners and  designate  the  term  of  each,  and  they 
shall  hold  until  their  successors  are  appointed.  The 
term  of  one  such  appointee  shall  terminate  on  the  first 


878 


National  Association  op  Railway  Commissioners 


Monday  in  February,  1909;  the  term  of  the  second  such 
appointee  shall  terminate  on  the  first  Monday  in  Feb- 
ruary, 1910;  and  the  term  of  the  third  such  appointee 
shall  terminate  on  the  first  Monday  in  February,  1911. 
On  the  second  Monday  in  January,  1909,  and  annually 
thereafter,  there  shall  be  appointed,  in  the  same  man- 
ner, one  commissioner  for  the  term  of  three  years  from 
the  first  Monday  in  February  of  such  year.  Each  com- 
missioner so  appointed  shall  hold  oflice  until  his  suc- 
cessor is  appointed  and  qualified.  Any  vacancy  shall  be 
filled  by  appointment  by  the  railroad  beard. 

Chief  commissioner— Associate  commissioner,  (a)  One 
commissioner,  who  shall  be  designated  as  chief  commis- 
sioner and  shall  be  chairman  of  the  commission,  shall 
be  an  attorney-at-law,  and  well  versed  in  the  law  of 
railroad  regulation;  one  to  be  designated  as  first  asso- 
ciate commissioner  shall  be  a  practical  railroad  man  fa- 
miliar with  the  operation  of  railroads  generally;  the 
third,  to  be  designated  as  the  second  associate  com- 
missioner, shall  be  a  business  man,  having  a  general 
knowledge  of  fares  and  freights,  tolls  and  charges,  as 
levied  by  the  railroads,  and  all  common  carriers  in- 
cluded within  the  term  "railroad"  as  defined  in  this  Act. 
Each  commissioner,  as  herein  designated,  shall  have  an 
equal  voice  and  vote  upon  all  questions  whereon  the 
commission  is  required  to  or  may  act  as  a  body.  A 
majority  of  said  commission  shall  have  full  power  to 
act  in  all  matters  within  its  jurisdiction,  and  in  the 
event  of  two  of  the  commissioners  being  disabled  or 
disqualified  from  acting,  or  in  the  event  of  there  being 
two  vacancies  at  the  same  time  in  the  commission,  the 
remaining  commissioner  shall  have  power  to  do  all  the 
acts  and  things  which  a  majority  of  the  commission 
might  do,  and  his  official  acts  shall  stand  as  the  acts 
of  the  commission.  At  no  time  shall  more  than  two  of 
said  commissioners  be  members  of  the  same  political 
party. 

Commissioners  may  ie  removed  for  cause,  (b)  The 
railroad  board  may  at  any  time  remove  any  commis- 
sioner for  any  inefficiency,  neglect  of  duty,  or  mal- 
feasance in  office.  Before  such  removal  it  shall  give 
such  commissioner  a  copy  of  the  charges  made  against 
him  and  shall  fix  a  time  when  he  can  be  heard  in  his 
own  defense,  which  shall  not  be  less  than  10  days  there- 
after, and  said  hearing  shall  be  open  to  the  public. 
If  he  shall  be  removed  the  railroad  board  shall  file 
in  the  office  of  the  secretary  of  state  a  complete  state- 
ment of  all  charges  made  against  such  commissioner 
and  findings  thereon,  with  the  record  of  the  proceedings. 

Commissioners  not  to  have  pecuniary  interest  in  any 
railroad,  (c)  No  person  so  appointed  shall  be  pecuniarily 
interested  in  any  railroad  in  this  state  or  elsewhere,  and 
if  any  such  commissioner  shall  voluntarily  become  so 
interested,  his  office  shall  ipso  facto  become  vacant;  and 
if  he  shall  become  so  interested  otherwise  than  volun- 
tarily, he  shall,  within  a  reasonable  time,  divest  himself 
of  such  interest,  and,  failing  to  do  so,  his  office  shall 
become  vacant  and  the  railroad  board  shall  proceed  as 
provided  for  in  §1,  subdivision  b,  of  this  Act. 

Complaints  to  be  investigated  within  reasonable  time. 
(d)  Whenever  a  complaint  is  made  to  the  commission 
of  a  violation  of  any  of  the  provisions  of  this  Act,  or 
of  any  order  of  the  commission,  it  shall,  within  four 
months,  commence  investigation  of  said  charge,  and 
shall  determine  the  same  within  six  months,  unless  the 
person  preferring  said  charges  shall  agree  in  writing 
to  a  longer  time.  A  failure  to  comply  with  this  provision 
shall  ipso  facto  render  the  office  of  each  of  the  com- 
missioners vacant,  and  the  railroad  board  shall  appoint 
■new  commissioners  as  provided  for  by  this  Act. 

Chief  and  first  associate  commissioner  to  give  entire 
time,  (e)  Neither  the  chief  commissioner  nor  the  first 
associate  commissioner  shall  hold  any  other  office  or 
position  of  profit,  or  pursue  any  other  regular  business 
or  vocation.  These  limitations  and  restrictions  shall  not 
apply  to  the  second  associate  commissioner,  but  none 
of  the  commissioners  shall  be  a  member  of  any  po- 
litical convention,  or  a  member  of  any  committee  of  any 
political  party. 

Oaths  to  le  taken,  (f)  Before  entering  upon  the  duties 
of  his  office,  each  of  said  commissioners  shall  take  and 


subscribe  the  constitutional  oath  of  office,  and  shall  in 
addition  thereto  swear  (or  affirm)  that  he  is  not  pe- 
cuniarily interested  in  any  railroad  in  this  State  or  else- 
where, or  common  carrier,  which  cath  or  affirmation 
shall  be  filed  in  the  office  of  the  secretary  of  State. 

Salaries,  (g)  The  chief  commissioner  shall  receive  a 
salary  of  $5,000  per  annum,  the  first  associate  commis- 
sioner shall  receive  a  salary  of  $4,000  per  annum,  and 
the  second  associate  commissioner  shall  receive  a  salary 
of  $2,500  per  annum,  all  payable  in  the  same  manner 
as  the  salaries  of  other  state  officers  are  paid. 

Secretary,  salary  of.  (h)  Said  commission  may  ap- 
point a  secretary,  who  shall  be  an  expert  rate  man,  at 
a  salary  of  not  more  than  $2,400  per  annum,  and  may 
employ  such  other  clerks  and  experts  as  may  be  neces- 
sary to  perform  any  service  it  may  require  of  them,  and 
shall  fix  their  compensation. 

Oath  of  secretary,  (i)  The  secretary  shall  fake  and 
subscribe  to  an  oath  similar  to  that  of  the  commissioners, 
and  shall  keep  full  and  correct  records  of  all  transac- 
tions and  proceedings  of  the  commission,  and  shall  per- 
form such  other  duties  as  may  be  required  by  the  com- 
mission. Any  person  ineligible  to  the  office  of  commis- 
sioner shall   be  ineligible  to  the  office  of  secretary. 

Official  title  of  commission,  (j)  The  commission  shall 
be  known  collectively  as  the  "Railroad  Commission  of 
Nevada,"  and  in  that  name  may  sue  and  be  sued.  It 
shall  have  a  seal  with  the  words  "Railroad  Commission 
of  Nevada,"  and  such  other  design  as  the  commission 
may  prescribe,  engraved  thereon,  by  which  it  sh  ill 
authenticate  its  proceedings,  and  of  which  the  couts 
shall  take  judicial  notice. 

Office  kept  at  Carson  City,  (k)  The  commission  sh  ill 
keep  its  office  at  Carson  City,  and  shall  be  provided  )y 
the  board  of  capitol  commissioners  with  suitable  ro<  m 
or  rooms,  necessary  office  furniture,  supplies,  statione  y, 
books,  periodicals,  maps,  and  all  necessary  expenses  sh  ill 
be  audited  and  paid  as  other  state  expenses  are  audit  id 
and  paid.  The  commission  may  hold  sessions  at  a  ly 
place  other  than  its  office,  when  the  convenience  of  t  le 
parties  so  requires.  The  commissioners  and  secreta  'y 
and  such  other  clerks  and  experts  as  may  be  employ  id 
shall  be  entitled  to  receive  from  the  State  their  neci  s- 
sary  expenses  while  traveling  on  the  business  of  tie 
commission,  including  the  cost  of  lodging  and  subsisteni  e. 
Such  expenditure  shall  be  sworn  to  by  the  person  w  lo 
incurred  the  expense,  and  be  approved  by  the  chairm  n 
of  the  commission. 

Rules  of  procedure.  (1)  The  commission  shall  have  t  le 
power  to  adopt  and  publish  rules  to  govern  its  proce<  d- 
ings,  and  to  regulate  the  mode  and  manner  of  all  n- 
vestigations  and  hearings  of  railroads  and  other  parties 
before  it,  and  all  hearings  shall  be  open  to  the   publ  c. 

To  confer  with  similar  bodies  of  other  States  and  atte  id 
conventions,  (m)  The  commission  may  confer  by  cir- 
respondence,  or  by  attending  conventions,  or  otherwi  ^e, 
with  the  railroad  commissioners  of  other  States,  and  with 
the  Interstate  Commerce  Commission  on  any  matters  e- 
lating  to  railroads.  All  necessary  expenses  incurred  in 
attending  such  conventions  shall  be  a  charge  against  tiia 
State,  and  be  audited  and  paid  as  other  State  claims 
are  paid;  provided,  that  all  such  claims  shall  be  swcrn 
to  by  the  commissioner  incurring  the  expense,  and^bj 
approved  by  the  chairman. 

Present  commission  not  disturbed,  (n)  Nothing  he 
contained  shall  be  so  construed  as  to  affect  the  date 
the  "beginning  or  ending  of  the  term  of  any  commissior  er 
now  in  office,  or  to  change  the  dates  of  future  appoi  it- 
ments  from  those  now  prescribed  by  law,  but  from  and 
after  the  passage  of  this  amendatory  Act  the  comreis- 
sioner  now  designated  as  the  one  who  shall  not  held 
any  other  office  or  position  of  profit,  or  pursue  any  otler 
business  or  vocation,  or  serve  on  or  under  any  com- 
mittee of  any  party,  but  shall  devote  his  entire  time 
to  the  duties  of  his  office,  shall  be  officially  designated 
"chief  commissioner,"  and  be  paid  the  salary  herein 
prescribed,  and  the  commissioner  whose  term  began  on 
the  first  Monday  in  February,  1911,  shall  be  officially 
designated  "first  associate  commissioner,"  and  the  sal- 
ary paid  him  as  herein  prescribed.  The  salaries  herein 
provided   for  shall   be  deemed  and  considered   full   com- 


SWt  lU 

Id    b« 
ate  or 


Public  Service  Laws 


879 


pensation  for  all  services  rendered  by  the  memtiers  of 
the  commission,  whether  as  railroad  commissioners  or  in 
any  other  official   or  ex-officio  capacity. 

In  Nevada  the  public  service  commission  Act  of  1911, 
appears  not  to  supersede  entirely  the  railroad  commissiou 
Act  of  1907,  as  amended  in  1909.  Consequently  both  Acts 
are  given  in  full  as  well  as  other  legislation  affecting  rail- 
roads and  public  service  corporations. 

"Railroad"  defined.  §  2.  [As  amended  by  chapter  121, 
Acts  of  1909.]  The  term  "railroad,"  as  used  herein,  shall 
mean  and  embrace  all  corporations,  companies,  individuals, 
associations  of  individuals,  their  lessees,  trustees  or  re- 
ceivers (appointed  by  any  court  whatsoever),  that  now,  or 
may  hereafter,  own,  operate,  manage  or  control  any  rail- 
road or  part  of  a  railroad  as  a  common  carrier  In  this 
Slate,  or  cars,  or  other  equipment  used  thereon,  or  bridges, 
terminals,  or  sidetracks,  or  any  docks  or  wharves  or  stor- 
age elevators  used  in  connection  therewith,  whether  owned 
by  such  railroads  or  otherwise.  The  term  "railroad,"  when- 
ever used  herein,  shall  mean  and  embrace  express  com- 
panies, telegraph  and  telephone  companies,  and  all  com- 
panies which  may  own  cars  of  any  kind  or  character,  used 
and  operated  as  a  part  of  railroad  trains,  in  or  through 
this  State,  and  all  duties  required  of  and  penalties  imposed 
upon  any  railroad  or  any  officer  or  agent  thereof  shall,  in 
so  far  as  the  same  are  applicable,  be  required  of  and  im- 
posed upon  express  companies,  telegraph  and  telephone 
companies,  and  companies  which  may  own  cars  of  any 
kind  or  character,  used  and  operated  as  a  part  of  railroad 
trains  in  or  through  this  State,  and  their  officers  and 
agents,  and  the  commission  shall  have  the  power  of  super- 
vision and  control  of  all  such  companies  to  the  same  ex- 
tent as  of  railroads. 

(a)  The  provisions  of  this  Act  shall  apply  to  the  trans- 
portation of  passengers  and  property  and  the  transmission 
of  messages  between  points  within  the  State,  and  to  the 
receiving,  switching,  delivering,  storing  and  hauling  of 
such  property,  and  receiving  and  delivering  messages,  and 
to  all  charges  connected  therewith,  including  icing  charges 
and  mileage  charges,  and  shall  apply  to  all  railroads,  cor- 
porations, express  companies,  car  companies,  freight  and 
freight  line  companies,  and  to  all  associations  of  persons, 
whether  incorporated  or  otherwise,  that  shall  do  business 
as  common  carriers,  upon  or  over  any  line  of  railroad 
within  this  State,  and  to  any  common  carrier  engaged  in 
the  transportation  of  passengers  and  property,  wholly  by 
rail,  or  partly  by  water. 

Reasonable  charges  for  railroads  required.  §  3.  Every 
railroad  is  hereby  required  to  furnish  reasonably  adequate 
service  and  facilities,  and  the  charges  made  for  any  service 
rendered  or  to  be  rendered  in  the  transportation  of  pas- 
sengers or  property  or  for  any  service  in  connection  there- 
with, or  for  the  receiving,  switching,  delivering,  storing 
or  handling  of  such  property,  shall  be  reasonable  and  just, 
and  every  unjust  and  unreasonably  charge  for  such  serv- 
ice if  prohibited  and  declared  to  be  unlawful. 

Railroads  to  print  and  post  schedules  of  fares  and 
freights.  §  4.  Every  railroad  shall  print  in  plain  type,  and 
file  with  the  commission  within  a  time  fixed  by  the  com- 
mission, schedules  which  shall  be  open  to  public  inspection, 
showing  all  rates,  fares  and  charges  for  the  transportation 
of  passengers  and  property,  and  any  service  in  connection 
therewith,  which  it  has  established  and  which  are  in  force 
at  the  time  between  all  points  in  this  State  upon  its  line, 
or  any  line  controlled  or  operated  by  it,  and  the  rates,  fares 
and  charges  shown  on  such  schedules  as  are  in  effect  at 
the  date  this  Act  takes  effect.  The  schedule  printed  as 
aforesaid  shall  plainly  state  the  charges  upon  its  line  or 
any  line  controlled  or  operated  by  in  it  this  State  between 
which  passengers  and  property  will  be  carried,  and  there 
shall  be  filed  therewith,  the  classifications  of  freight  in 
force.  Every  railroad  shall  publish  with  and  as  a  part  of 
such  schedules  all  rules  and  regulations  that  in  any  man- 
ner affect  the  rates  charged  or  to  be  charged  for  the  trans- 
portation of  passengers  or  property,  also  its  charges  for 
delay  in  unloading  or  loading  cars,  for  track  and  car  serv- 
ice, or  rental,  and  for  demurrage,  switching,  terminal  or 
transfer  service,  or  for  rendering  any  other  service  in  con- 
nection with  the  transportation  of  persons  or  property. 
Two  copies  of  said  schedule  for  the  use  of  the  public  shall 
be  filed  and  kept  on  file  in  every  depot,  station,  and  office 
of  such  railroad  where  passengers  or  freight  are  received 


for  transportation,  in  such  form  and  place  as  to  be  acces- 
sible to  the  public  and  where  they  can  be  conveniently 
inspected.  When  passengers  or  property  are  transported 
over  connecting  lines  in  this  State  operated  by  more  than 
one  railroad,  and  the  several  railroads  operating  such  lines 
establish  joint  rates,  fares  and  charges,  a  schedule  of  joint 
rates  shall  also  in  like  manner  be  printed  and  filed  with 
the  commission,  and  in  every  depot,  station  and  office  of 
such  railroads  where  such  passengers  or  property  are  re- 
ceived for  transportation. 

2Vo  change  in  schedule,  except  upon  thirty  days  notice. 
(a)  No  change  shall  thereafter  be  made  in  any  schedule, 
including  schedule  of  joint  rates,  or  in  any  classification, 
except  upon  30  days  notice  to  the  commission,  and  all  such 
changes  shall  be  plainly  indicated  upon  existing  schedules, 
or  by  filing  new  schedules  in  lieu  thereof  30  days  prior  to 
the  time  the  same  are  to  take  effect;  provided,  that  the 
commission,  upon  application  of  any  railroad,  may  pre- 
scribe a  less  time  within  which  a  reduction  may  be  made. 
Copies  of  all  new  schedules  shall  be  filed  as  hereinbefore 
provided  in  every  depot,  station  and  office  of  such  rail- 
road 10  days  prior  to  the  time  the  same  are  to  take  effect, 
unless  the  commission  shall  prescribe  a  less  time. 

Notice  of  change  to  he  posted,  (b)  Whenever  a  change 
IS  made  in  any  existing  schedule,  including  schedule  of 
joint  rates,  a  notice  shall  be  posted  by  the  railroad  in 
a  conspicuous  place  in  every  depot,  station  and  office,  stat- 
ing that  changes  have  been  made  in  the  schedule  on  file, 
specifying  the  class  or  commodity  affected  and  the  date 
when  the  same  will  take  effect. 

Said  schedule  must  be  adhered  to.  (c)  It  shall  be  un- 
lawful ior  any  railroads  to  demand,  collect  or  receive  a 
greater  or  less  compensation  for  the  transportation  of  pas- 
sengers, property,  or  for  any  service  in  connection  there- 
with, than  is  specified  in  such  printed  schedule,  including 
schedules  of  joint  rates,  as  may  at  the  time  be  in  force, 
and  the  rates,  fares  and  charges  named  therein  shall  be 
lawful  rates,  fares  and  charges  until  the  same  are  changed 
as  herein  provided. 

Commission  may  prescribe  changes  in  schedule,  (d) 
The  commission  may  prescribe  such  changes  in  the  form 
in  which  the  schedules  are  issued  by  the  railroad  as  may 
be  found  expedient,  and  such  schedules  shall,  as  far  as 
practicable,  conform  to  the  forms  prescribed  by  the  Inter- 
state Commerce  Commission. 

Joint  rates.  §  5.  Whenever  passengers  or  property  are 
transported  over  two  or  more  connecting  lines  of  railroads 
between  points  In  this  State,  and  the  railroad  companies 
have  made  joint  rates  for  the  transportation  of  the  same, 
such  rates  and  all  charges  in  connection  therewith  shall 
be  just  and  reasonable,  and  every  unjust  and  unreason- 
able charge  is  prohibited  and  declared  to  be  unlawful; 
provided,  that  a  less  charge  by  each  of  said  railroads  for 
the  proportion  of  said  joint  rates  than  is  made  locally  be- 
tween the  same  points  on  their  respective  lines  shall  not 
for  that  reason  be  construed  as  a  violation  of  the  provis- 
ions of  this  Act,  nor  render  such  railroads  liable  to  any  of 
the  penalties  hereof. 

Rates  must  be  uniform.  §  6.  Nothing  in  this  Act  shall 
be  construed  to  prevent  concentration,  commodity,  transit 
and  other  special  contract  rates,  but  all  such  rates  shall  be 
open  to  all  shippers  of  a  like  kind  of  traffic  under  similar 
circumstances  and  conditions,  and  shall  be  subject  to  the 
provisions  of  this  A'ct  as  to  the  printing  and  filing  of  the 
same;  provided,  all  such  rates  shall  be  under  the  super- 
vision and  regulation  of  the  commission. 

Commission  to  fix  rates,  etc.  §  7.  [As  amended  by  chap- 
ter 121,  Acts  of  1909.]  The  commission  shall  have  full 
power  to  prescribe  just  and  reasonable  railroad  classifica- 
tions of  freight;  and  to  fix  just  and  reasonable  charges 
for  the  transportation  of  all  intra-state  freight  and  intra- 
state passengers,  for  sleeping-car  accommodations,  for 
goods,  merchandise,  and  all  matter  of  every  kind  carried 
by  express  companies  within  this  State,  for  the  transmis- 
sion of  messages  by  telegraph  companies,  and  for  the  use 
of  telephone  lines  within  the  State.  The  commission  shall 
also  have  power  to  make  just  and  reasonable  regulations 
for  the  apportionment  of  all  such  charges  between  two  or 
more  companies  jointly  engaged  in  the  transportation  of 
freight,  passengers,  express  matter,  telegraph  or  telephone 
messages. 


880 


National  Association"  of  Kailway  Commissioners 


To  examine  into  physical  condition,  etc.  The  commis- 
sion shall  also  have  full  power  to  Investigate  the  physical 
condition  of  all  railroad  property,  and,  in  the  interest  of 
safety  or.  service,  shall  have  power  to  determine  and  order 
repairs,  reinforcements  or  reconstruction  of  property,  in- 
cluding buildings,  tracks,  and  equipment;  also  the  power 
to  determine  and  order  the  use  of  safety  appliances  in  the 
Interest  of  employes  and  the  traveling  public,  such  as 
crossing-gates,  flagmen,  bells,  devices,  etc.,  interlocking 
plants  at  railway  crossings  and  all  other  modern  safety 
devices.  The  commission  shall  have  full  power  to  deter- 
mine and  order  the  manner  in  which  any  railroad,  street 
railway,  steam  or  electric  railway,  or  other  common  car- 
rier, may  cross  another  railroad,  street  railway,  whatever 
the  motive  power,  at  grade  or  above  or  below  grade,  and 
shall  prescribe  the  safety  appliances  and  regulations  that 
should  be  adopted  at  such  crossings  or  at  existing  grade 
crossings  of  railroads,  steam,  electric,  or  other  motive 
power  railways,  for  the  protection  of  the  public  and  the 
prevention  of  accidents.  The  commission  shall  have  the 
power  whenever,  in  its  judgment,  it  shall  appear  wise  and 
proper  to  do  so,  to  authorize  and  direct  reasonable  changes 
in  train  schedules  and  train  service. 

To  order  transfer  tracks,  etc.  The  commission  shall 
have  power  to  determine  and  order  the  construction  of 
connecting  or  transfer  tracks  between  two  or  more  lines 
of  railway,  which  may  now  or  hereafter  enter  or  pass 
through  any  town  or  city  in  this  State.  The  expense 
of  said  construction  of  such  tracks  to  be  divided  be- 
tween and  paid  by  the  corporations  operating  said  rail- 
ways. 

To  order  transfers.  It  shall  be  the  duty  of  all  railroad 
corporations  whose  tracks  shall  be  so  connected,  recip- 
rocally to  transfer  cars  from  one  railroad  to  the  other 
upon  demand  of  shippers  or  the  railroad  concerned,  and 
for  which  transfer  service  reasonable  charges  may  be 
made. 

Long  and  short  haul.  Nothing  in  this  Act  shall  be  con- 
strued so  as  to  allow  any  railroad  to  charge  more  for 
a  shorter  than  for  a  longer  haul,  either  for  passengers 
or  freight,  when  the  shorter  haul  is  included  within  the 
longer,  or  to  authorize  the  commission  to  allow  such 
charge  to  be  made. 

Certain  freight^  may  be  carried  free — Passes  allowed  to 
certain  persons.  §8.  [As  amended  by  Act  approved  March 
27,  1911.1  Nothing  herein  shall  prevent  the  carriage,  stor- 
age, or  handling  of  freight  free  or  at  reduced  rates  for  the 
United  States,  the  State  or  any  political  subdivision 
thereof,  or  any  municipality  thereof,  or  for  charitable 
purposes,  or  to  and  from  fairs  and  expositions  for  ex- 
hibition thereat,  or  household  goods  and  sppplies,  the 
property  of  employes,  or  the  issuance  of  mileage,  com- 
mutation, or  excursion  passengers'  tickets;  provided,  that 
the  same  shall  be  obtainable  by  any  persons  applying 
therefor,  without  discrimination,  or  of  party  tickets; 
provided,  that  the  same  shall  be  obtainable  by  any  per- 
son applying  therefor  under  like  circumstances  and  con- 
ditions. This  Act  shall  not  be  construed  as  preventing 
railroads  from  giving  free  transportation  or  reduced  rates 
therefor  to  any  minister  of  the  gospel,  constable  in  any 
county  of  the  State,  officer  or  agent  of  incorporated 
colleges,  college  professors,  school  teachers,  students  at- 
tending institutions  of  learning,  regular  agents  of  char- 
itable societies  when  traveling  upon  the  business  cf  the 
society  only,  destitute  or  homeless  persons,  railroad 
officers,  attorneys,  directors,  employes  or  members  of 
their  families,  or  bona  fide  ex-railroad  employes  of  any 
steam  or  electric  railroad  in  search  of  employment,  or 
to  prevent  the  exchange  of  passes  with  officers,  attorneys 
or  employes  of  other  railroads  and  members  of  their 
families. 

Attendants  allowed  on  stock  trains,  (a)  Upon  any 
shipment  of  live  stock  or  other  property  of  such  nature 
as  to  require  the  care  of  an  attendant,  the  railroad  may 
furnish  to  the  shipper,  or  some  person  or  persons  des- 
ignated by  him,  free  transportation  for  such  attendant. 
Including  return  passage  to  the  point  at  which  the  ship- 
ment originated;  provided,  that  there  shall  be  no  dis- 
crimination in  reference  thereto  between  such  shippers, 
and  the  commission  shall  have  power  to  prescribe  regu- 
lations In  relation  thereto. 

Duty  to  maintain  stations,  etc.     |  9.     [As  amended  by 


chapter  121,  Acts  of  1909.]  It  shall  be  the  duty  of  every 
railroad  to  provide  and  maintain  adequate  depots  and 
depot  buildings  at  its  regular  stations  and  establish  new 
stations  wherever  required,  for  the  accommodation  of 
passengers,  and  said  depot  buildings  shall  be  kept  clean, 
well  lighted  and  warm  for  the  comfort  and  accommoda- 
tion of  the  traveling  public.  All  railroads  shall  ktiep 
and  maintain  adequate  and  suitable  freight  depots,  wher- 
ever needed,  buildings,  switches  and  sidetracks  for  the 
receiving,  handling  and  delivering  of  freight  transported 
or  to  be  transported  by  such  railroad;  provided,  tliat 
thig  shall  not  be  construed  as  repealing  any  existing 
law  on  the  subject;  provided,  further,  that  to  remove  all 
doubts  which  have  arisen  upon  the  subject,  the  com- 
mission is  specifically  invested  with  full  power  to  en- 
force the  provisions  of  this  section,  and  of  this  entire 
Act. 

To  furnish  suitable  cars  for  shippers.  §  10.  Every  rail- 
road shall,  when  within  its  power  to  do  so,  and,  upon 
reasonable  notice,  furnish  suitable  cars  to  any  and  all 
persons  who  may  apply  therefor,  for  the  transportation 
of  any  and  all  kinds  of  freight  in  carload  lots.  In  c;ise 
of  insufficiency  of  cars  at  any  time  to  meet  all  require- 
ments, such  cars  as  are  available  shall  be  distribu  :ed 
among  the  several  applicants  therefor  in  proportion  to 
their  respective  immediate  requirements  without  discr  m- 
ination  between  shippers  or  competitive  or  non-competitive 
places;  provided,  preference  may  be  given  to  shipments  of 
live  stock  and  perishable  property. 

Commission  may  enforce  reasonable  regulations,  i  a) 
The  commission  shall  have  the  power  to  enforce  rea- 
sonable regulations  for  furnishing  cars  to  shippers,  :  nd 
switching  the  same,  and  for  the  loading  and  unload  ng 
thereof,  and  the  weighing  of  the  cars  and  freight  ofte  ed 
for   shipment   over   any  line   of  railroad. 

Proper  facilities  for  interchange  of  traffic.  §  11.  Ui 
railroad  companies  as  between  themselves,  and  all  im  er- 
urban  and  electric  railroads  as  between  themselves  i  nd 
each  other,  shall  afford  all  reasonable  and  proper  fa(  ill- 
ties  for  the  interchange  of  traffic  between  their  respect  ve 
lines  for  forwarding  and  delivering  passengers  and  pr  5p- 
erty,  and  shall  transfer  and  deliver  without  unreasona  )le 
delay  or  discrimination  any  freight  or  cars,  loaded  or 
empty,  or  any  passengers  destined  to  any  point  on 
its  own  or  any  connecting  lines,  provided,  that  pn  ce- 
dence  over  other  freight  may  be  given  to  live  stock  i  nd 
perishable  freight. 

Commission  to  have  control  of  private  tracks,  (a)  '  he 
commission  shall  have  control  over  private  tracks  in  so 
far  as  the  same  are  used  by  common  carriers,  in  c  in- 
nection  with  any  railroad  for  the  transportation  of 
freight,  in  all  respects  the  same  as  though  such  tra  'ks 
were  a  part  of  the  track  of  said  railroad. 

To  investigate  all  complaints.  §  12.  Upon  complain'  of 
any  person,  firm,  corporation  or  association,  or  cf  ny 
mercantile,  agricultural  or  manufacturing  society,  or  of 
any  body  politic  or  municipal  organization,  that  any  of 
the  rates,  charges  or  classifications,  or  any  joint  i  ate 
or  rates  are  in  any  respect  unreasonable  or  unju  tly 
discriminatory,  or  that  any  regulation  or  practice  w  lat- 
soever  affecting  the  transportation  of  persons  or  p  op- 
erty,  or  any  service  in  connection  therewith,  are  In  iny 
respect  unreasonable  or  unjustly  discriminatory,  or  1  liat 
any  service  is  inadequate,  the  commission  may  nozity 
the  railroad  complained  of  that  complaint  has  been  m:ide, 
and  10  days  after  such  notice  has  been  given  the  cjm- 
mission  may  proceed  to  investigate  the  same  as  here- 
inafter provided,  but  before  proceeding  to  make  such 
investigation  the  commission  shall  give  the  railroad  and 
the  complainants  10  days'  notice  of  the  time  and  p  ace 
when  and  where  such  matters  will  be  considered  and 
determined,  and  said  parties  shall  be  entitled  to  be 
heard  and  shall  have  process  to  enforce  the  attends  nee 
of  witnesses.  If,  upon  such  investigation,  the  rate  or 
rates,  or  any  regulation,  practice,  or  service  complained 
of  shall  be  found  to  be  unreasonable  or  unjustly  dis- 
criminatory, or  the  service  shall  be  found  to  be  inade- 
quate, the  commission  shall  have  power  to  fix  and  order 
substituted  therefor  such  rate  or  rates,  fares,  charges 
or  classifications,  as  it  shall  have  determined  to  be  just 
and  reasonable  and  which  shall  be  charged.  Imposed  and 
followed    in    the    future,   and    shall   also   have    power   to 


Public  Service  Laavs 


881 


make  such  orders  respecting  such  regulation?  practice 
or  service,  as  it  shall  have  determined  to  be  reasonable 
and  which  shall  be  observed  and  followed  in  the  future. 
Commission  may  order  separate  hearings,  (a)  The 
commission  may,  when  complaint  is  made  of  more  than 
one  rate  or  charge,  order  separate  hearings  therecn,  and 
may  consider  and  determine  the  severaj  matters  com- 
plained of  separately,  and  at  such  times  as  it  may 
prescribe.  No  complaint  shall  of  necessity  at  any  time  be 
dismissed  because  of  absence  of  direct  damage  to  the  com- 
plainant. 

May  take  the  initiative,  (b)  Whenever  the  commission 
shall  believe  that  any  rate  or  rates  or  charge  or  charges 
may  be  unreasonable  or  unjustly  discriminatory  and  that 
investigation  relating  thereto  should  be  made,  it  may, 
upon  its  own  motion,  investigate  the  same.  Before  mak- 
ing such  investigation  it  shall  present  to  the  railroad 
a  statement  in  writing,  setting  forth  the  rate  or  charge 
to  be  investigated.  Thereafter,  on  10  days'  notice  to 
the  railroad  of  the  time  and  place  of  such  investigation, 
the  commission  may  proceed  to  investigate  such  rate 
or  charge  in  the  same  manner  and  make  like  orders 
in  respect  thereto  as  if  such  investigation  had  been 
made   upon   complaint. 

Section  construed,  (c)  This  section  shall  be  construed 
to  permit  any  railroad  to  make  complaint  with  like  effect 
as  though  made  by  any  person,  firm,  corporation  or 
association,  mercantile,  agricultural  or  manufacturing  so- 
ciety;   body    politic   or   municipal   organization. 

Inquisitorial  poivers  of  commission.  §  13.  [As  amended 
by  chapter  121,  Acts  of  1909.]  Bach  of  the  commissioners, 
for  the  purposes  mentioned  in  this  Act,  shall  have  power 
to  administer  oaths,  certify  to  ofHcial  acts,  issue  sub- 
poenas, compel  the  attendance  of  witnesses,  and  the  pro- 
duction of  papers,  waybills,  books,  accounts,  documents 
and  testimony.  In  the  case  of  disobedience  on  the  part 
of  any  person  or  persons  to  comply  with  any  order 
of  the  commission  or  any  commissioner  or  any  subpoena, 
or  on  the  refusal  of  any  witness  to  testify  to  any  matter 
regarding  which  he  may  be  lawfully  interrogated,  it 
shall  be  the  duty  of  the  District  Court  of  any  county,  or 
a  judge  thereof,  on  application  of  a  commissioner,  to 
compel  obedience  by  attachment  proceedings  for  con- 
tempt, as  in  the  case  of  disobedience  of  the  requirements 
of  a  subpoena  issued  from  such  court,  or  a  refusal  to 
testify    therein. 

Witness  fees,  (a)  Each  witness  who  shall  appear  before 
the  commission  by  its  order  shall  receive  for  his  at- 
tendance the  fees  and  mileage  now  provided  for  wit- 
nesses in  civil  cases  in  courts  of  record,  which  shall  be 
audited  and  paid  by  the  State  in  the  same  manner  as 
other  expenses  are  audited  and  paid,  upon  the  presenta- 
tion of  proper  vouchers  sworn  to  by  such  witnesses  and 
approved  by  the  chairman  of  the  commission;  provided, 
that  no  witness  subpoened  at  the  instance  of  parties 
other  than  the  commission  shall  be  entitled  to  com- 
pensation from  the  State  for  attendance  or  travel  unless 
the  commission  shall  certify  that  his  testimony  was  ma- 
terial to  the  matter  investigated. 

Alter  rates,  (a)  The  commission  may  at  any  time,  upon 
application  of  any  person  or  any  railroad,  and  upon  notice 
to  the  parties  interested,  and  after  opportunity  to  be  heard 
as  provided  in  §  12,  rescind,  alter  or  amend  any  order  fix- 
ing any  rate  or  rates,  charges  or  classification,  or  any 
other  order  made  by  the  commission,  and  certified  copies 
of  the  same  shall  be  served  and  take  effect  as  herein 
provided  for  original  orders. 

Depositions,  (b)  The  commission  or  any  party  may,  in 
the  investigation,  cause  the  depositions  of  witnesses  resid- 
ing within  or  without  the  State  to  be  taken  in  the  man- 
ner prescribed  by  the  law  for  like  depositions  in  civil 
actions  in  district  courts. 

Records,  (c)  A  full  and  complete  record  shall  be  kept 
of  all  proceedings  had  before  the  Commission  or  any 
investigation  had  under  §  12  of  this  Act,  and  all  testimony 
shall  be  taken  down  by  the  stenographer  appointed  by  the 
Commission.  Whenever  any  complaint  is  served  upon  the 
Commission  under  the  provisions  of  §  16  of  this  Act,  the 
commission  shall,  before  said  action  is  reached  for  trial, 
cause  a  certified  transcript  of  all  proceedings  had  and 
testimony  taken  upon  such  investigation  to  be  filed  with 


the  clerk  of  the  District  Court  of  the  county  where  the 
action  is  pending.  A  transcribed  copy  of  the  evidence 
and  proceedings,  or  any  specific  part  thereof,  or  any  in- 
vestigation, taken  by  the  stenographer  appointed  by  the 
commission,  being  certified  by  such  stenographer  to  be  a 
true  and  correct  transcript  in  longhand  of  all  testimony 
taken  at  the  investigation,  or  of  a  particular  witness,  or  of 
other  specific  parts  thereof,  carefully  compared  by  him 
with  his  original  notes,  and  to  be  a  correct  statement  of 
the  evidence  and  proceedings  had  on  such  investigation 
so  purporting  to  be  taken  and  transcribed,  shall  be  re- 
ceived in  evidence  with  the  same  effect  as  if  such  re- 
porter were  present  and  testified  to  the  facts  so  certified. 
A  copy  of  such  transcript  shall  be  furnished  on  demand, 
free  of  cost,  to  any  party  to  such  investigation;  and  to 
all  other  persons,  a  copy,  on  payment  of  a  reasonable 
amount  therefor,  to  be  fixed  by  the  commission. 

Commission  to  fix  reasonable  rates,  etc.  §  14.  [As 
amended  by  chapter  121,  Acts  of  1909.]  Whenever,  upon 
an  investigation  made  under  the  provisions  of  this  Act, 
the  Commission  shall  find  any  existing  rate  or  rates, 
fares,  charges  or  classification,  or  any  joint  rate  or  rates, 
or  any  regulation  or  practice  whatsoever,  affecting  the 
transportation  of  persons  or  property,  or  any  service  in 
connection  therewith,  are  unreasonable  or  imjustly  dis- 
criminatory, or  any  service  is  inadequate,  it  shall  deter- 
mine and  by  order  fix  a  reasonable  rate,  fare,  charge, 
classification  or  joint  rate  to  be  imposed,  observed  and 
followed  in  the  future  in  lieu  of  that  found  to  be  un- 
reasonable Or  unjustly  discriminatory,  and  it  shall  de- 
termine and  by  order  fix  a  reasonable  regulation,  prac- 
tice or  service  to  be  imposed,  observed  or  followed  in  the 
future,  in  lieu  of  that  found  to  be  unreasonable  or  un- 
justly discriminatory  or  inadequate,  as  the  case  may  be, 
and  it  shall  cause  a  certified  copy  of  each  such  order  to 
be  delivered  to  an  officer  or  station  agent  of  the  railroad 
affected  thereby,  which  order  shall  of  its  own  force  take 
effect  and  become  operative  30  days  after  the  service 
thereof.  All  railroads  to  which  the  order  applies  shall 
make  such  changes  in  their  schedule  on  file  as  may  be 
necessary  to  make  the  same  conform  to  said  order,  and 
no  change  shall  thereafter  be  made  by  any  railroad  in 
any  such  rates,  fares  or  charges,  or  in  any  joint  rate  or 
rates,  without  the  approval  of  the  commission.  Certi- 
fied copies  of  all  other  orders  of  the  commission  shall  be 
delivered  to  the  railroads  affected  thereby,  in  like  man- 
ner, and  the  same  shall  take  effect  within  such  time  there- 
after as  the  commission  shall  prescribe. 

Commission  rates  to  stand.  §  15.  [As  amended  by  sec- 
tion 121,  Acts  of  1909.]  All  rates,  fares,  charges,  classifica- 
tions and  joint  rates  fixed  by  the  commission  shall  be  in 
force,  and  shall  be  prima  facie  lawful,  until  changed  or 
modified  by  the  commission,  or  in  pursuance  of  §  16  of 
this  Act.  All  regulations,  practices  and  services  pre- 
scribed by  the  commission  shall  be  in  force  and  shall  be 
prima  facie  reasonable,  unless  suspended  or  found  other- 
wise in  an  action  brought  for  that  purpose,  pursuant  to 
the  provisions  of  §  16  of  this  Act,  or  until  changed  or 
modified  by  the  commission  as  provided  for  in  paragraph 
a,  §  14  of  this  Act. 

Railroad  may  commence  legal  action  within  ninety  days. 
§  16.  Any  railroad  or  other  party  in  interest  being  dis- 
satisfied with  any  order  of  the  commission  fixing  any  rate 
or  rates,  fares,  charges,  classifications,  joint  rate  or  rates, 
or  any  order  fixing  any  regulations,  practices  or  services, 
may,  within  90  days,  commence  an  action  in  the  District 
Court  of  the  proper  county,  against  the  commission  as 
defendant,  to  vacate  and  set  aside  any  such  order  on  the 
ground  that  the  rate  or  rates,  fares,  charges,  classifica- 
tions, joint  rate  or  rates,  fixed  in  such  order  is  unlaw- 
ful or  unreasonable,  or  that  any  such  regulation,  in  which 
action  the  adverse  parties  shall  be  served  with  a  sum- 
mons and  copy  of  the  complaint.  The  commission  shall 
file  its  answer,  and,  on  leave  of  court,  any  interested 
party  may  file  the  answer  to  said  complaint  within  30 
days  after  the  service  thereof,  whereupon  said  action  shall 
be  at  issue  and  stand  ready  for  trial  upon  20  days'  notice 
by  either  party. 

Actions  to  have  precedence.  All  actions  brought  under 
this  section  shall  have  precedence  over  any  civil  cause  of 
a  different  nature  pending  in  such  court,  and  the  court 
shall  always  be  deemed  open  for  the  trial  thereof,  and 
the   same   shall  be   tried   and   determined   as  other   civil 


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actions;  any  party  to  such  action  may  introduce  origin il 
evidence  in  addition  to  tlie  transcript  of  the  evidence 
offered  to  said  commission. 

No  injunction  issued  without  notice  to  commission,  (a) 
No  injunction  shall  issue  suspending  or  staying  any  or- 
der of  the  commission  except  upon  application  to  the  court 
or  judge  thereof,  notice  to  the  commission  having  been 
first  given  and  hearing  having  been  had  thereon;  provided, 
that  all  rates  fixed  by  the  commission  shall  be  deemed 
reasonable  and  just,  and  shall  remain  in  full  force  and 
effect  until  final  determination  by  the  courts,  upon  appeal. 

Commission  to  have  notice  of  new  evidence,  (b)  If, 
upon  the  trial  of  such  action,  evidence  shall  be  intro- 
duced by  the  plaintiff  which  is  found  by  the  court  to  be 
different  from  that  offered  upon  the  hearing  before  the 
commission,  or  additional  thereto,  the  court  before  pro- 
ceeding to  render  judgment,  unless  the  parties  to  suci 
action  stipulate  in  vs^riting  to  the  contrary,  shall  transmit 
a  copy  of  such  evidence  to  the  commission,  and  shall  aiay 
further  proceedings  in  said  action  for  15  days  from  the 
date  of  such  transmission.  Upon  receipt  of  such  evidence 
the  commission  shall  consider  the  same,  and  may  alter, 
modify,  amend  or  rescind  its  order  relating  to  such 
rate  or  rates,  fares,  charges,  classifications,  joint  rate 
or  rates,  regulation,  practice  or  service  complained  of  in 
said  action,  and  shall  report  its  action  thereon  to  said 
court  within  10  days  from  the  receipt  or  such  evidence. 

Judgments,  how  rendered,  (c)  If  the  commission  shall 
rescind  its  order  compramed  of,  the  action  shall  be  dis- 
missed; if  it  shall  alter,  modify  or  amend  the  same,  such 
altered,  modified  or  amended  order  shall  take  the  place 
of  the  original  order  complained  of  and  judgment  shall 
be  rendered  thereon  as  though  made  by  the  commission 
in  the  first  instance.  If  the  original  order  shall  not  be 
rescinded  or  changed  by  the  commission,  judgment  sh»H 
be  rendered  upon  such  original  ordei 

Appeals,  (d)  Either  party  to  said  action  within  60 
days  after  service  of  a  copy  of  the  order  or  judgment  ot 
the  court  may  appeal  or  take  the  case  up  on  error  as  in 
other  civil  actions.  "Where  an  appeal  is  taken,  the  causw 
shall  on  the  return  of  the  papers  to  the  higher  court,  h*; 
immediately  placed  on  the  calendar  of  the  then  pending 
term,  and  shall  be  assigned  and  brought  to  a  hearing  in 
the  same  manner  as  other  causes  on  the  calendar. 

Burden  of  proof  upon  plaintiff,  (e)  In  all  actions  un- 
der this  section  the  burden  ot  proof  shall  be  upon  the 
plaintiff  to  show  by  clear  and  satisfactory  evidence  that 
the  order  of  the  commission  complained  of  is  unlawful  or 
unreasonable,  as  the  case  may  be. 

Same  practice  as  in  civil  actions.  §  17.  In  all  actions 
and  proceedings  in  court  arising  under  this  Act,  all  pro- 
cesses shall  he  served,  and  the  practice  and  rules  of 
evidence  shall  be  the  same  as  in  civil  actions,  except  as 
otherwise  herein  provided.  Every  sheriff  or  other  offi- 
cer empowered  to  execute  civil  processes  shall  execute 
any  process  issued  under  the  provisions  of  this  Act  and 
shall  receive  such  compensation  therefor  as  may  be  pre- 
scribed by  law  for  similar  services. 

No  person  excused  from  testifying,  (a)  No  person 
shall  he  excused  from  testifying  or  from  producing  books 
and  papers  in  any  proceedings  based  upon  or  growing 
out  of  anv  violation  of  the  provisions  of  this  Act,  on 
the  ground  or  for  the  reason  that  the  testimony  or  evi- 
dence, documentary  or  otherwise,  required  of  him  may 
tend  to  incriminate  him  or  subject  him  to  penalty  or  for- 
feiture, but  no  person  having  so  testified  shall  be  prosecuted 
or  subjected  to  any  penalty  or  forfeiture  for,  or  on  ac- 
count of  any  transaction,  matter  or  thing  concerning 
which  he  may  have  testified  or  produced  <iny  documentary 
evidence;  provided,  that  no  person  so  testifying  shall  be 
exempted  from  prosecution  or  punishment  for  perjury 
in  so  testifying. 

Certified  copies  prima  facie  evidence,  (b)  Upon  appli- 
cation of  any  person  the  commission  shall  furnish  certified 
copies,  under  the  seal  of  the  commission,  of  any  order 
made  by  it,  which  shall  be  prima  facie  evidence  in  any. 
oourt  or  proceeding  of  the  facts  stated  therein. 

Authority  of  commission.  §  18.  The  commission  shall 
nave  the  authority  to  inquire  into  the  management  of  the 
business  of  all  railroads,  and  shall  keep  informed  as  to  the 
manner  and  method  in  which  the  same  is  conducted,  and 
shall  have  the  right  to  obtain  from  any  railroad  all  neces- 


sary information  to  enable  the  commission  to  perform  the 
duties  and  carry  out  the  objects  for  which  it  was  created. 

Blanks,  (a)  The  commission  shall  cause  to  he  pre- 
pared suitable  blanks  for  the  purpose  designated  in  this 
Act,  which  shall  conform  as  nearly  as  practicable  to  the 
forms  prescribed  by  the  Interstate  Commerce  Commission, 
and  shall,  when  necessary,  furnish  such  blanks  to  each 
railroad.  Any  railroad  receiving  from  the  commission  any 
such  blanks,  shall  cause  the  same  to  be  properly  filled  out 
so  as  to  answer  fully  and  correctly  each  question  therein 
propounded,  and  in  case  it  is  unable  to  answer  any  ques- 
tion it  shall  give  a  good  and  sufficient  reason  for  such  fail- 
ure and  said  answer  shall  be  verified  under  oath  by  the 
proper  officer  of  said  railroad  and  returned  to  the  commis- 
sion at  its  offices  within  the  time  fixed  by  the  commission; 
the  making  of  a  false  affidavit  or  filing  of  the  same  shall 
be  deemed  perjury  and  punishable  as  such  under  the 
statutes  of  Nevada  defining  perjury. 

Htght  of  inspection,  (b)  The  commission,  or  any  com- 
missioner, or  any  person  or  persons  employed  by  the  com- 
mission for  that  purpose,  shall,  upon  demand,  have  the 
right  to  inspect  the  books  and  papers  of  any  railroad  aiid 
to  examine  under  oath  any  officer,  agent  or  employe  ot 
such  railroad  in  relation  to  any  matter  which  is  the  sub- 
ject of  complaint  and  investigation;  provided,  that  a:  y 
person  other  than  one  of  the  said  commissioners  wlio 
shall  make  such  demand  shall  produce  his  authority  o 
make  such  inspection  under  the  hand  ot  a  commissioner 
or  of  the  secretary  and  under  thp  seal  of  said  commissio  -_ 

Orders  and  subpcenas.  (c)  The  commission  may  i  - 
quire  by  order  or  subpoena,  and  to  be  served  on  any  ra  1- 
road,  in  the  same  manner  that  a  summons  is  served  in  a 
civil  action  in  a  District  Court,  the  production  within  th  a 
State,  at  such  time  and  place  as  it  may  designate,  of  ai  y 
books,  papers,  or  accounts  relating  to  any  matter  whit  b 
is  the  subject  of  complaint  or  investigation  kept  by  sa  d 
railroad  in  any  office  or  place  without  the  State  of  Nevad  i. 
or  verified  copies  in  lieu  thereof,  if  the  commission  shs  11 
so  order,  in  order  that  an  examination  thereof  may  1  e 
made  by  the  commission  or  under  its  direction,  and  su(  h 
subpoena  may  issue  to  any  sheriff  in  any  county  of  tl  e 
State.  Any  railroad  failing  or  refusing  to  comply  wl  h 
any  such  order  or  subpoena  within  a  reasonable  time  sha  l 
for  each  day  it  shall  so  fail  or  refuse,  forfeit  and  pay  in  o 
the  State  treasury  a  sum  ot  not  less  than  $100  nor  mo  p 
than  $1,000.  to  be  recovered  in  a  civil  action  brought, 
the  name  of  the  railroad  commission  of  Nevada. 

Section  1!)  amended.     §  8b.     Section  19  of  said  Ac^ 
hereby  amended  so  as  to  read  as  follows: 

Copies  of  railroad  contracts,  etc.  §  19.  fAs  amended 
chapter  121,  Acts  of  1909.]  Every  railroad,  whenever  i  e-' 
quired  by  the  commission,  shall,  within  a  time  to  be  fiX'  d 
by  the  commission,  deliver  to  the  commission  for  its  u  le 
copies  of  all  contracts  which  relate  to  the  transportation 
of  persons  or  property,  or  any  service  in  connection  thei  e- 
with  made  or  entered  into  by  it  with  any  other  railro:td 
company,  terminal  company,  depot  company,  equipme  it 
company,  car  company,  express  or  other  tr.insportati' in 
company,  bridge  company,  or  any  shipper  or  shlppe;  s 
producers  or  consumers,  or  other  persons  doing  business 
with  ,  it. 

List  of  tickets,  passes,  etc.  (a)  Every  railroad  shi  ii. 
on  the  first  Monday  in  January  of  each  year,  and  often  ^r 
if  required  by  the  commission,  file  with  the  commissi  m 
a  verified  list  of  all  railroad  tickets,  passes,  and  mileaj;e 
books  issued  free  or  for  other  than  actual  bona  fi  le 
money  consideration  at  full  established  ral«s  during  t  le 
preceding  year,  together  with  the  names  of  the  recipier  ts 
thereof,  the  amount  received  therefor,  and  the  reason  loj 
issuing  the  same.  This  provision  shall  not  apply  to^' 
sale  of  tickets  at  reduced  rates  open  to  the  public. 

Full  report  of  Nevada  business.  §  20.  Every  railroS 
company  incorporated  or  doing  business  in  this  State,  or 
which  shall  hereafter  become  Incorporated  or  do  busi- 
ness in  this  State  shall,  on  or  before  the  15th  day  of 
September,  1907,  and  on  or  before  the  same  day  of  each 
year  thereafter,  make  and  transmit  to  the  commission  in 
its  office  in  Nevada  a  full  and  true  statement,  under  o&th 
of  the  proper  office  of  such  corporation,  of  the  affairs  of 
such  corporation  relative  to  the  State  of  Nevada,  for  the 
year  ending  on  the  30th  day  of  June  preceeding.  which 
statement  for  the   State  of  Nevada  shall   be  similar  in 


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character  and  detail  to  the  annual  report  required  to  be 
made  by  railroad  companies  to  the  Interstate  Commerce 
Commission,  and  such  other  and  further  information  as 
may  be  required  by  the  commission 

Commission  to  co-operate  with  Interstate  Commerce 
Commission.  §  21.  The  commission  shall  have  power,  and 
on  complaint  of  any  person  it  is  hereby  made  its  duty  to 
Investigate  all  or  any  freight  rates  on  interstate  traffic 
on  railroads  in  this  State,  and  when  the  same  are,  in  the 
opinion  of  the  commission,  excessive  or  discriminatory, 
or  are  levied  or  laid  in  violation  of  the  interstate  com- 
merce law,  or  in  conflict  with  the  rulings,  orders  or  regu- 
lations of  the  Interstate  Commerce  Commission,  the  com- 
mission shall  present  the  facts  to  the  railroad  with  a  re- 
quest to  make  such  changes  as  the  commission  may  ad- 
vise, and  if  such  charges  are  not  made  within  a  reason- 
able time,  the  commission  shall  apply  by  petition  to  the 
Interstate  Commerce  Commission  for  relief.  All  freight 
tariffs  issued  by  any  such  railroad  relating  to  interstate 
traflic  in  this  State  shall  be  filed  in  the  office  of  the  com- 
mission within  30  days  after  the  passage  of  this  Act. 
and  all  such  tariffs  thereafter  issued  shall  be  filed  with 
the  commission  when  issued. 

Penalties  for  railroads  for  discriminatory  charges.  §  22. 
If  any  railroad,  or  any  agent  or  officer  thereof,  shall  di- 
rectly or  indirectly,  by  any  special  rate,  rebate,  draw- 
back, or  by  means  of  false  billing,  false  classification, 
false  weighing,  or  by  any  other  device  whatsoever, 
charge,  demand,  collect  or  receive  from  any  person,  firm 
or  corporation  a  greater  or  less  comi>ensation  for  any 
service  rendered  or  to  be  rendered  by  it  for  the  trans- 
portation of  persons  or  property  or  for  any  service  in 
connection  therewith  than  that  prescribed  in  the  pub- 
lished tariffs  then  in  force,  or  established  as  provided 
herein,  or  than  it  charges,  demands,  collects  or  receives 
from  any  other  person,  firm,  or  corporation  for  a  like  and 
contemporaneous  service  in  the  transportation  of  a  like 
kind  of  traffic  under  substantially  similar  circumstances 
and  conditions,  such  railroads  shall  be  deemed  guilty  of 
unjust  discrimination,  which  is  hereby  prohibited  and 
declared  to  be  unlawful,  and  upon  conviction  thereof 
shall  forfeit  and  pay  into  the  state  treasury  not  less 
than  $100  nor  more  than  $5,000  for  such  offense;  and 
any  agent  or  officer  so  offending  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  $50  nor  more  than 
$1,000  for  each  offense. 

Certain  prohibitions,  (a)  It  shall  be  unlawful  for  any 
railroad  to  demand,  charge,  collect  or  receive  from  any 
person,  firm  or  corporation,,  a  less  compensation  for  the 
transportation  of  property  or  for  any  service  rendered  or 
to  be  rendered  by  said  railroa'l  in  consideration  of  said 
person,  firm  or  corporation  furnishing  any  part  of  the 
facilities  incident  thereto;  provided,  nothing  herein  shall 
be  construed  as  prohibiting  any  railroad  from  procuring 
any  facilities  or  service  incident  to  transportation  and 
paying  a  reasonable  compensation  therefor. 

Discrimination  prohibited.  §  23.  That  it  shall  be  un- 
lawful for  any  common  carrier  subject  to  the  provisions 
of  this  Act,  to  make  or  give  any  undue  or  unreasonable 
preference  or  advantage  to  any  particular  person,  com- 
pany, firm,  corporation,  or  locality,  or  any  particular  de- 
scription of  traffic  in  any  respect  whatsoever,  or  to  sub- 
ject any  particular  person,  company,  firm,  corporation 
or  locality  or  any  particular  description  of  traffic,  to  any 
undue  or  unreasonable  prejudice  or  disadvantage  in  any 
respect  whatsoever. 

Acceptance  of  rebates,  etc.,  prohibited.  §  24.  It  shall 
be  unlawful  for  any  person,  firm  or  corporation  knowingly 
to  accept  or  receive  any  rebate,  concession  or  discrimina- 
tion in  respect  to  transportation  of  any  property  wholly 
within  this  State,  or  for  any  service  in  connection  there- 
with, whereby  any  such  property  shall,  by  false  billing, 
false  classification,  false  weighing,  or  any  other  device 
whatsoever,  be  transported  at  a  less  rate  than  that  named 
in  the  published  tariffs  in  force  as  provided  herein,  or 
whereby  any  service  or  advantage  is  received  other  than 
is  herein  specified.  Any  person,  firm  or  corporation  vio- 
lating the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  $50  nor  more  than 
$1,000  for  each  offense.     (1907  Laws  Nev.,  p.  88.) 

Free  passes  to  public  officials.     §  25.     [As  amended  by 


chapter  121,  Acts  of  1909.]  It  shall  be  unlawful  for  any 
person,  firm  or  corporation  engaged  in  business  as  a 
common  carrier  to  give  or  furnish  to  any  State,  district, 
county  or  municipal  officer  of  this  State,  or  to  any  person 
other  than  those  mentioned  in  §  8,  any  pass,  frank,  free  or 
reduced  transportation,  or  for  any  such  State,  district, 
county  or  municipal  officer  to  accept  such  frank,  pass,  free 
or  reduced  transportation.  Any  firm,  person  or  corpora- 
tion or  the  agent  thereof,  or  any  State,  district,  county  or 
municipal  officer  violating  the  provisions  of  this  section 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not 
less  than  $100  or  more  than  $500,  and  in  addition  to  such 
penalty  the  office  of  any  such  State,  district,  county  or 
municipal  officer  shall,  upon  his  conviction,  ipso  facto,  be- 
come vacant. 

Treble  damages.  §  26.  If  any  railroad  shall  do  or  cause 
to  be  done  or  permit  to  be  done  any  matter,  act  or  thing 
in  this  Act  prohibited  or  declared  to  be  unlawful,  or  shall 
omit  to  do  any  act,  matter  or  thing  required  to  be  done 
by  it,  such  railroad  shall  be  liable  to  the  person,  firm  or 
corporation  injured  thereby  in  treble  the  amount  of  dam- 
ages sustained  in  consequence  of  such  violation;  provided, 
that  any  recovery  as  in  this  section  provided  shall  in 
no  manner  affect  the  recovery  by  the  State  of  the  penalty 
prescribed  for  such-  violation.     (1907  Laws  Nev.,  p.  89.) 

Failure  or  evasion  of  railroad  employes.  §  27.  Any  offi- 
cer, agent  or  employe  of  any  railroad  who  shall  wilfully 
fail  or  refuse  to  fill  out  and  return  any  blanks  as  re- 
quired by  this  Act,  or  shall  wilfully  fail  or  refuse  to  an- 
swer any  questions  therein  propounded,  or  shall  knowingly 
or  wilfully  give  a  false  answer  to  any  such  question,  where 
the  fact  inquired  of  is  within  his  knowledge,  or  who  shall, 
upon  proper  demand,  wilfully  fail  or  refuse  to  exhibit  to 
any  commissioner  or  any  commissioners,  or  any  person 
authorized  to  examine  the  same,  any  book,  paper  or  ac- 
count of  such  railroad,  which  is  in  his  possession  or  under 
his  control,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  $100  nor  more  than  $1,000  for  each  such  of- 
fense, and  a  penalty  of  not  less  than  $500  nor  more  than 
$1,000  shall  be  recovered  from  the  railroad  for  each  such 
offense  when  such  officer,  agent  or  employe  acted  in 
obedience  to  the  direction,  instruction  or  request  of  such 
railroad  or  any  general  officer  thereof.  (1907  Laws  Nev., 
p.  89.) 

Penalty  for  all  acts  of  omission  or  commission.  §  28. 
If  any  railroad  shall  violate  any  provision  of  this  Act,  or 
shall  do  any  act  herein  prohibited,  or  shall  fail,  or  refuse 
to  perform  any  duty  enjoined  upon  it,  or  upon  failure 
of  any  railroad  to  place  in  operation  any  rate  or  joint 
rate,  or  do  any  other  act  herein  prohibited,  for  which  a 
penalty  has  not  been  provided,  or  shall  fail,  neglect  or 
refuse  to  obey  any  lawful  requirement  or  order  made  by 
the  commission  or  any  court  (upon  its  application),  for 
every  such  violation,  failure  or  refusal,  such  railroad  or 
railroads  shall  forfeit  and  pay  into  the  State  treasury  a  sum 
of  not  less  than  $100  nor  more  than  $10,000  dollars  for 
each  offense.  In  construing  and  enforcing  the  provi- 
sions of  this  section,  the  act,  omission  or  failure  of  any 
officer,  agent  or  other  person  acting  for  or  employed  by 
any  railrad,  acting  within  the  scope  of  his  employment 
shall  in  every  case  be  deemed  to  be  the  act,  omission 
or  failure  of  such  railroad. 

Commission  may  regulate  all  practices.  §  29.  When- 
ever, after  hearing  an  investigation  as  provided  by  this 
Act,  the  commission  shall  find  that  any  charge,  regula- 
tion or  practice  affecting  the  transportation  of  passengers 
or  property,  or  any  service  in  connection  therewith,  not 
hereinbefore  specially  designated,  is  unreasonable  or  un- 
justly discriminatory,  it  shall  have  the  power  to  regu- 
late the  same  as  provided  in  §  §  12  and  14  of  this  Act 
(1907  Laws  Nov.,  p.  90.) 

Commission  to  be  immediately  notified  of  fatal  acci 
dents.  §  30.  Every  railroad  shall,  whenever  an  accident  at- 
tendant with  loss  of  human  life  occurs  within  this  State, 
upon  its  line  of  road  or  on  its  depot  grounds  or  yards, 
give  immediate  notice  thereof  to  the  commission.  In  the 
event  of  any  such  accident,  the  commission,  if  it  deem 
the  public  interest  requires  it,  shall  cause  an  investiga 
tion  to  be  made  forthwith,  which  investigation  shall  be 
held  in  the  locality  of  the  accident,  unless,  for  greater 
convenience  of  those  concerned,  it  shall  order  such  in 
vestigation  to  be  held  at  some  other  place  and  said  investi- 


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gation  may  be  adjourned  from  place  to  place  as  may 
be  found  necessary  and  convenient.  The  commission 
shall  seasonably  notify  an  officer  or  station  agent  of  the 
company  of  the  time  and  place  of  the  investigation.  The 
cost  of  such  investigation  shall  be  certified  by  the  chair- 
man of  the  commission,  and  the  same  shall  be  audited 
and  paid  by  the  State  in  the  same  manner  as  other  ex- 
penses are  audited  and  paid  and  a  record  or  file  of  said 
proceedings  and  evidence  shall  be  kept  by  said  commis- 
sion. 

Attorney-general  and  prosecuting  attorneys  to  assist 
commission.  §  31.  The  commission  shall  inquire  into  any 
neglect  or  violation  of  the  laws  of  this  State  by  any  such 
railroad  corporation  hereinbefore  defined  doing  business 
therein,  or  by  the  officers,  agents  or  employes  thereof, 
or  by  any  person  operating  a  railroad,  and  shall  have  the 
power  and  it  shall  be  Its  duty  to  enforce  the  provisions 
of  this  Act  as  well  as  all  other  laws  relating  to  rail- 
roads and  report  all  violations  thereof  to  the  attorney- 
general;  upon  request  of  the  commission  it  shall  be  the 
duty  of  the  attorney-general  or  the  prosecuting  attorney 
of  the  proper  or  any  county  to  aid  in  any  investigation, 
prosecution,  hearing  or  trial  had  under  the  provisions  of 
this  Act,  and  to  institute  and  prosecute  all  necessary 
actions  or  proceedings  for  the  enforcement  of  this  Act 
and  all  other  laws  of  this  State  relating  to  railroads  and 
for  the  punishment  of  all  violations  thereof.  Any  for- 
feiture or  penalty  herein  provided  shall  be  recovered 
and  suit  thereon  shall  be  brought  in  the  name  of  the 
Statc^of  Nevada  in  the  District  Court  of  any  county  hav- 
ing jurisdiction  of  the  defendant.  The  attorney-general 
of  Nevada  shall  be  the  counsel  in  any  proceedings,  inves- 
tigation, hearing  or  trial  prosecuted  or  defended  by  the 
commission  or  any  prosecuting  attorney  selected  by  said 
commission,  or  other  special  counsel  furnished  said 
commission,  in  any  county  where  such  action  is  pend- 
ing.    (1907  Laws  Nev.,  p.  90.) 

Claims.  §  32.  [As  amended  by  chapter  121,  Acts  of 
1909.]  All  claims  against  any  railroad  for  loss  of  or 
damage  to  property  from  any  cause,  or  from  overcharge 
upon  any  shipments,  or  from  any  other  service,  if  not 
acted  upon  within  90  days  from  the  date  of  the  filing  of 
such  claim  with  the  railroad,  may  be  investigated  by  the 
commission,  in  its  discretion,  and  the  result  of  such  in- 
vestigation shall  be  duly  recorded  and  filed  in  the  archives 
of  the  commission,  be  open  to  examination  by  the  pub- 
lic and  be  embodied  in  the  commission's  next  regular  re- 
port. The  regular  reports  of  the  commission  shall  be 
made  to  the  governor  annually  as  soon  after  the  31st  day  of 
December  in  each  year  as  may  be  feasible  in  order  to 
bring  the  report  down  to  that  date. 

Printing,  (a)  It  is  hereby  further  provided  that,  ex- 
cept in  cases  of  emergency,  all  the  necessary  printing 
of  the  commission  shall  be  done  at  the  State  Printing  Of- 
fice, and  it  is  made  the  duty  of  the  State  printer  to  have 
such  printing  done  as  expeditiously  as  possible. 

Technicalities  ignored.  §  33.  A  substantial  compliance 
with  the  requirements  of  this  Act  shall  be  sufficient  to 
give  effect  to  all  rules,  orders,  acts  and  regulations  of 
the  commission,  and  they  shall  not  be  declared  inoper- 
ative, illegal  or  void  for  any  omission  of  a  technical 
nature  in  respect  thereto.     (1907  Laws  Nev.,  p.  91.) 

This  Act  not  to  affect  any  suits  at  law.  §  34.  This  Act 
shall  not  have  the  effect  to  release  or  waive  any  right 
of  action  by  the  State  or  by  any  person  for  any  right, 
penalty,  or  forfeiture  which  may  have  arisen  or  which 
may  hereafter  arise  under  any  law  of  this  State;  and 
all  penalties  and  forfeitures  accruing  under  this  Act 
shall  be  cumulative  and  a  suit  for,  and  removery  of  one, 
shall  not  be  a  bar  to  the  recovery  of  any  other  penalty. 

Commission  may  use  any  legal  civil  remedy.  §  35.  In 
addition  to  all  the  other  remedies  provided  by  this  Act 
for  the  prevention  and  punishment  of  any  and  all  vio- 
lations as  to  the  provisions  hereof  and  all  orders  of  the 
commission,  the  commission  can  compel  compliance  with 
the  provisions  of  this  Act  and  of  the  orders  of  the  com- 
mission by  proceedings  In  mandamus,  injunction  or  by 
other  civil  remedies. 

Railroad  shall  file  schedules.  §  36.  Every  railroad  in 
this  State  shall,  within  60  days  after  the  passage  of  this 
Act,  file  in  the  office  of  the  commission-  copies  of  all 
schedules  of  rates,  including  joint  rates  in  force  on  Its 


line  or  lines,  between  jwints  within  this  State  on  the 
date  this  Act  takes  effect. 

Act  construed.  §  37.  Each  section  of  this  Act  and 
every  part  of  each  section  is  hereby  declared  to  be, 
independent  sections,  and  parts  of  sections  and  the  hold- 
ing of  any  section  or  part  thereof  to  be  void  or  ineffect- 
ive for  any  cause  shall  not  be  deemed  to  affect  any 
other  section   or  any  part  thereof. 

Repeal.  §  38.  All  Acts  and  parts  of  Acts  In  conflict 
with  this  Act  are  hereby  repealed.     (1907  Laws  Nov.,  p.  91.) 

REPORTS  OP  RAILROADS  TO  SECRETARY  OP  STATE.  : 
(Approved  March  20,  1907.    1907  Laws  of  Nev.,  p.  199.) 

Act  concerning  railroad  companies.  §  1.  That  §  44  of 
"An  Act  to  provide  for  the  incorporation  of  railroad 
companies,  and  the  management  of  the  affairs  thereof, 
and  other  matters  relating  thereto,"  approved  March  22, 
1865,  as  amended  February  28,  1879,  and  as  further 
amended  March  9,  1899,  be  and  the  same  is  hereby 
amended  so  as  to  read   as  follows: 

Must  file  annual  report  with  secretary  of  State.  §4  4. 
Every  railroad  company  operating  its  line  or  lines  of 
railroad  wholly  or  in  part  in  this  State  shall  make  :va 
annual  report  to  the  s'ecretary  of  the  State  of  Nevada, 
or  to  such  other  officer  as  may  be  provided  by  law,  of 
the  operations  of  such  railroad  company  during  the  yeir 
ending  on  the  thirtieth  day  of  June  in  each  last  pie- 
ceding  year,  which  report  shall  be  verified  by  the  oa.b  . 
of  the  president,  vice-president  or  managing  officer  h£v- 
ing  charge  of  the  operations  and  business  of  such  rail- 
road company,  and  also  by  the  oath  of  the  auditor  3r 
other  person  having  charge  of  the  accounts  of  such  ra  il- , 
road  company,  and  shall  file  such  report  in  the  office  of 
the  secretary  of  State  aforesaid  on  or  before  the  fli  st 
day  of  October  in  each  year,  and  shall  state  in  ea  h 
report: 

What  report  must  contain.  1.  The  capital  stock  of 
such  company,  and  the  actual  cash  capital  paid  in  m 
such   stock    by  the    members    of    such    company. 

2.  The  amount  of  cash  expended  for  the  purchase  3f 
lands  for  the  construction  of  the  road  of  such  compat  y, 
the  cost  of  the  construction  of  such  road,  and  the  ct  st 
of  buildings,  engines  and  cars,  respectively,  used  )y 
such  company  in  this  State. 

3.  The  amount  and  the  nature  of  indebtedness  of 
such   company   and   the   amount   due   to   such   company 

4.  The  amount  received  by  such  company  for  t  le 
transportation  of  all  passengers,  and  all  freight,  pn  p- 
erty,  mails  and  express  matter  over  the  road  or  roa  Is 
of  such  company,  together  with  all  amounts  received  )y 
such  company  from  all  other  sources  in  connection  w  th 
such   road. 

5.  The  amount  of  freight  of  all  kinds  transport  ?d 
over  the  road  or  roads  of  such  company,  specifying  tie 
quantity  of  such  freight  in  tons. 

6.  The  amount  paid  by  such  company  for  the  repa  rs 
of  engines,  cars,  buildings  and  other  expenses,  in  gro5S, 
showing  the  current  expenses  of  running  such  road. 

7.  The  number  and  amount  of  dividends  declared  by; 
such  company  and  when  such  dividends  were  paid. 

8.  The  number  of  engine  houses  and  shops,  togfl 
with  the  number  of  engines  and  cars  and  the  charfl 
of  the   same. 

9.  The  net  profits  of  such  company  during  such 

Form  of  report  prescribed  by  secretary  of  State— ids 
duties  relative  thereto.  10.  It  shall  be  the  duty  of  he 
secretary  of  State  of  the  State  of  Nevada  to  prescr  be 
the  form  of  such  report,  making  said  form  conform  as 
nearly  as  practicable  with  the  form  prescribed  In  similar 
cases  by  the  Interstate  Commerce  Commission,  and.  on 
or  before  the  thirtieth  day  of  June  in  each  year,  it  si  all 
be  the  duty  of  said  secretary  of  State,  or  the  duty  of 
the  officer  by  whom  such  report  may  be,  from  time  to 
time  required,  to  furnish  to  every  such  railroad  company 
in  duplicate,  blanks  of  the  form  required  and  prescribed 
by  him  for  the  making  of  such  reports,  which  blanks 
and  a  demand  for  the  return  thereof,  properly  filled  out, 
shall  be  forwarded  to  such  railroad  company  by  sending 
same  to  the  resident  agent  within  the  State,  by  United 
States  registered   mail,  and  such  officer  shall  serve  such 


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885 


forms  or  blanks  and  demand  the  return  thereof  in  such 
manner  (keeping  a  record  in  his  office  of  the  date  of 
forwarding  the  same),  and  shall  require  a  receipt  to  be 
furnished  to  him  by  every  such  railroad  company,  show- 
ing the  date  at  which  such  blank  forms  and  demand 
were  received  by  such  railroad  company;  provided,  it 
such  railroad  has  no  resident  agent,  said  form  shall  be 
deposited  with  the  secretary  of  State  and  such  deposit 
shall    be    deemed    a    service. 

Penalties  ]or  neglect  to  file  report.  11.  If  any  such 
railroad  company  shall  neglect  or  fail  to  comply  with  the 
requirements  of  this  Act,  and  he  shall  fail  to  make, 
execute  and  return  the  reports  hereby  required  of  it  by 
such  demand  of  the  secretary  of  State,  or  other  oflScer 
charged  by  law  with  the  duty  of  requiring  such  reports, 
for  more  than  30  days  after  the  first  day  of  October  In 
each  year,  said  railroad  company  shall  be  liable  for,  and 
shall  forfeit  and  pay  to  the  State  of  Nevada  for  such 
neglect,  a  penalty  of  $20,000.  And  it  shall  be  the  duty 
of  the  attorney-general  of  the  State  to  commence  an 
action  in  the  name  of  the  State  of  Nevada  for  the  re- 
covery of  such  penalty,  and  the  court  shall  render  judg- 
ment therefor  against  such  company,  and  such  action 
shall  not  be  dismissed  or  cempromised  except  upon  the 
full  payment  of  the  sum  of  such  penalty,  together  with 
all  costs  of  such  action,  and  execution  shall  issue  against 
the  property  of  such  company  until  such  judgment  shall 
be  fully  satisfied. 

§  2.  If  the  secretary  of  State  or  such  other  officer, 
whose  duty  it  may  be  to  furnish  such  forms,  shall  fail 
or  neglect  to  furnish  and  serve  the  same  as  herein  pro- 
vided, he  shall  be  liable  to  the  State  of  Nevada  on  his 
official  bond  in  each  case  to  the  amount  of  the  penalty 
herein  prescribed  to  be  imposed  on  such  railroad  for 
failure  to  file  the  herein  prescribed  report.  (1907,  Laws 
of  Nevada,  page  200.) 

'Nothing  herein  to  conflict  with  railroad  commission. 
I  3.  Said  §  44,  as  heretofore  existing,  and  all  Acts  and 
parts  of  Acts  in  conflict  with  this  Act  are  hereby  re- 
pealed; provided,  that  nothing  contained  herein  shall  be 
construed  as  repealing  or  in  any  way  conflicting  with  or 
impairing  any  of  the  provisions  of  an  Act,  entitled  "An 
Act  to  regulate  railroads,  telegraph  and  telephone  com- 
panies and  other  common  carriers  in  this  State,  creating 
a  railroad  commission,  constituting  the  governor,  lieu- 
tenant-governor and  the  attorney-general  a  railroad  board 
for  the  appointment  and  removal  of  the  railroad  com- 
missioners, prevent  the  imposition  of  unreasonable  rates, 
prevent  unjust  discrimination,  insure  an  adequate  rail- 
way service  and  fixing  maximum  freight  charges."  In 
case  of  any  conflict  with  said  Act,  then  all  the  provisions 
of  this  Act  in  conflict  with  said  Act  shall  be  null  and 
void.      (1907,    Laws    of  Nevada,    page    201.) 

Repeal.  §  4.  This  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

DISCRIMINATION. 

(Approved  February  12,  1879.) 

What  constitutes  discrimination — Transportation  facili- 
ties furnished — Proviso.     1032.     §  t.     It  shall  be  unlawful 
for   any   person   or   persons   engaged   alone   or   associated 
iwith  others  in  the  transportation  of  property  by  railroad, 
'whose  railroads  are  wholly  or  in  part  in  the  State  of  Ne 
jvada,  from  any   boundary  of  said  State,   to  any  point  in 
isaid    State,    or    from    any    point    in    said    State    to    any 
boundary  of  said   State,  or  from  one  point  in  said   State 
to  any   other   point   in   said   State,   directly   or   indirectly, 
10  charge  to  or  receive  from  any  person  or  persons  any 
greater  or  less  rate  or  amount  of  freight,  compensation, 
Dr  reward  than  is  charged  to  or  received  from  any  other 
person  or  persons  for  like   and   contemporaneous  service 
n  the  carrying,  receiving,  delivering,  storing,  or  handling 
)f  the  same;   and  all  persons  engaged  as  aforesaid,  shall 
urnish,  without  discrimination,  the  same  facilities  for  the 
carriage,  receiving,   delivery,  storage,  and  handling  of  all 
Jroperty  of  like  character,  carried  by  him  or  them,  and 
shall    perform    with    equal    expedition    the    same    kind    of 
iervices  connected   with  the  contemporaneous  transporta- 
ion  thereof  as  aforesaid.     No  break,  stoppage,  or  inter- 
I'uption,    nor   any   contract,    agreement,   or   understanding 
jihall   be  made   to   prevent  the  carriage  of  any  property 


from  being,  and  being  treated,  as  one  continuous  car- 
riage in  the  meaning  of  this  Act,  from  the  boundary  line 
of  the  State  of  Nevada,  to  the  place  of  destination  if 
within  said  State,  or  from  the  place  of  shipment  if 
within  said  State,  to  the  boundary  of  said  State,  or  from 
the  place  of  shipment  to  the  place  of  destination  if  said 
place  of  shipment  and  destination  be  within  said  State, 
unless  such  stoppage,  interruption,  contract,  arrangement, 
or  understanding  was  made  in  good  faith  for  some  prac- 
tical and  necessary  purpose,  without  any  intent  to  avoid 
or  interrupt  such  continuous  carriage,  or  to  evade  any 
of  the  provisions  of  this  Act. 

Unlawful  to  allow  rebates,  drawbacks,  etc.  1033.  §  2. 
It  shall  be  unlawful  for  any  person  or  persons  engaged 
in  the  transportation  of  property  as  aforesaid,  directly 
or  Indirectly,  to  allow  any  rebate,  drawback,  or  any  other 
advantage  in  any  form,  upon  shipments  made  or  services 
rendered  as  aforesaid  by  him  or  them. 

Unlawful  to  make  combinations  to  prevent  continuous 
carriage.  1034.  §  3.  It  shall  be  unlawful  for  any  person 
or  persons  engaged  in  the  carriage,  receiving,  storage,  or 
handling  of  the  property,  as  mentioned  in  §  1  of  this 
Act,  to  enter  into  any  combination,  contract,  or  agree- 
ment by  changes  of  schedule,  carriage  in  different  cars, 
breaking  carloads  into  less  than  carloads,  or  by  any  other 
means,  with  intent  to  prevent  the  carriage  of  such  prop- 
erty from  being  continuous  from  the  boundary  line  of  the 
State  of  Nevada,  to  the  place  of  destination,  if  such  place 
of  destination  be  within  said  State,  or  from  the  place  of 
shipment,  if  such  place  of  shipment  be  within  said  State, 
to  the  boundary  of  said  State,  or  from  the  place  of  ship- 
ment to  the  place  of  destination,  if  said  places  of  ship- 
ment and  destination  be  within  said  State,  whether  car- 
ried on  one  or  several  railroads;  and  it  shall  be  unlawful 
for  any  person  or  persons,  carrying  property  as  afore- 
said, to  enter  into  any  contract,  agreement,  or  combina- 
tion for  the  pooling  of  freights,  or  to  pool  the  freights  of 
different  and  competing  railroads,  by  dividing  between 
them  the  aggregate  or  net  proceeds  of  the  earnings  of 
such  railroads   or  any   portion  of  them. 

Short  and  long  haul.  1035.  §  4.  It  shall  be  unlawful 
for  any  person  or  persons  engaged  in  the  transportation 
of  property,  as  provided  in  §  1  of  this  Act,  to  charge  or 
receive  any  greated  compensation  per  carload,  or  part 
thereof,  of  similar  property,  for  carrying,  receiving,  stor- , 
ing,  forwarding,  or  handling  the  same  for  a  shorter  than 
for  a  longer  distance  in  one  continuous  carriage.  As 
amended,    State,   1879,   112. 

To  adopt  schedule — What  shall  state — Schedules,  tchere 
posted.  1036.  §  5.  All  persons  engaged  in  carrying  prop- 
erty, as  provided  in  §  1  of  this  Act,  shall  adopt  and 
keep  iKJSted  up,  schedules,  which  shall  plainly  state: 
First.  The  different  kinds  and  classes  of  property  to  be 
carried.  Second.  The  different  places  between  which 
such  property  shall  be  carried.  Third.  The  rates  of 
freight  and  prices  of  carriage  between  such  places, 
and  for  all  services  connected  with  the  receiving,  de- 
livery, loading,  unloading,  storing,  or  handling  Xhe  same. 
Such  schedules  may  be  changed  from  time  to  time  as 
hereinafter  provided.  Copies  of  such  schedules  shall  be 
printed  in  plain,  large  type,  at  least  the  size  of  ordinary 
pica,  and  shall  be  kept  plainly  posted  for  public  inspec- 
tion. In  at  least  two  places  in  every  depot  where  freights 
are  received  or  delivered,  and  no  such  schedule  shall  be 
changed  in  any  particular,  except  by  the  substitution  of 
another  schedule  containing  the  specifications  above  re- 
quired, which  substitute  schedule  shall  plainly  state  the 
time  when  it  shall  go  into  effect,  and  copies  of  which, 
printed  as  aforesaid,  shall  be  posted  as  above  provided  at 
least  five  days  before  the  same  shall  go  into  effect,  and 
shall  remain  in  full  force  until  another  schedule  shall, 
as  aforesaid,  be  substituted.  And  it  shall  be  unlawful* 
for  any  person  or  jjcrsons  engaged  in  carrying  property 
on  railroads,  as  aforesaid,  after  30  days  after  the  passage 
of  this  Act,  to  charge  or  receive  more  or  less  compensa- 
tion for  the  carriage,  receiving,  delivery,  loading,  unload- 
ing, handling,  or  storing  of  any  of  the  property  contem- 
plated by  §  1  of  this  Act,  than  shall  be  specified  in  such 
schedule  as  may  at  the  time  be  in  force. 

Provisions  of  this  Act  to  apply  to  all  property — All  rail- 
roads to  fix  their  own  rates.  1037.  §  6.  Each  and  all  the 
provisions  of  this  Act  shall  apply  to  all  property,  and  the 


886 


National  Association  of  Eailway  Commissioners 


receiving,  delivery,  loading,  unloading,  handling,  storing 
or  carriage  of  the  same,  on  one  actually  or  substantially 
continuous  carriage,  as  provided  for  in  §  1  of  this  Act, 
and  the  compensation  therefor,  whether  such  property 
be  carried  wholly  on  one  railroad  or  partly  on  several 
railroads,  and  whether  such  services  are  performed,  or 
compensation  paid,  or  received,  by  or  to  one  i>erson  alone 
or  in  connection  with  another  or  other  persons;  pro- 
vided, that  each  and  every  railroad  company,  as  afore- 
said, shall  fix  its  own  rate  or  rates  in  its  schedule;  and 
such  rate  or  rates,  in  such  schedule  so  fixed,  shall  not 
govern  or  effect  the  rate  or  rates  of  any  other  railroad 
company;  and,  provided  further,  that  such  rate  or  rates, 
in  such  schedule  so  fixed,  shall  not  exceed  the  rate  or 
rates  now  allowed  to  be  charged  by  law. 

Penalties  for  violation — Amount  of  damages,  how  recov- 
ered— Penalty — Informer  receives  one-half  of  penalty — Pro- 
cedure— Limitations,  etc.  1038.  §  7.  Each  and  every  act, 
matter,  or  thing  in  this  Act  declared  to  be  unlawful,  is 
hereby  prohibited,  and  in  case  any  person  or  persons, 
as  defined  in  this  Act,  engaged  as  aforesaid,  shall  do, 
suffer  or  permit  to  be  done,  any  act,  matter,  or  thing,  in 
this  Act  prohibited  or  forbidden,  or  shall  omit  to  do  any 
act,  matter,  or  thing,  in  this  Act  required  to  be  done, 
or  shall  be  guilty  of  any  violation  of  the  provisions  of 
this  Act,  such  person  or  persons  shall  forfeit  and  pay 
to  the  person  or  i>ersons  who  may  sustain  damages 
thereby,  a  sum  equal  to  three  times  the  amount  of  dam- 
ages so  sustained,  to  be  recovered  by  the  person  or  per- 
sons so  damaged,  by  suit  in  any  District  Court  of  the 
State  of  Nevada  where  the  person  or  persons  causing 
such  damage  can  be  found,  or  may  have  an  agent,  office 
or  place  of  business;  and  the  person  or  persons  so  of- 
fending shall  for  each  offense  forfeit  and  pay  a  penalty 
of  not  less  than  $2,000,  to  be  recovered  by  the  State  of 
Nevada,  by  action  in  any  District  Court  in  the  State  of 
Nevada  aforesaid,  one-half  of  such  penalty  or  penalties, 
when  collected,  to  be  paid  to  the  informer.  Any  action 
to  be  brought  as  aforesaid,  to  recover  any  such  penalty 
or  damages,  may  be  Considered,  and  if  so  brought,  shall 
be  regarded  as  a  subject  of  equity  jurisdiction,  and  dis- 
covery, and  affirmative  relief  may  be  sought  and  obtained 
therein.  In  any  such  action,  so  brought  as  a  case  of 
equitable  cognizance,  preliminary  or  final  injunctions 
may,  without  allegation  or  proof  of  damage  to  any 
plaintiff  or  complainant,  be  granted  upon  proper  applica- 
tion, restraining,  forbidding  and  prohibiting  the  commis- 
sion or  continuance  of  any  acts,  matters,  or  things,  within 
the  terms  or  purview  of  this  Act  prohibited  or  forbidden. 
In  any  action  aforesaid,  and  upon  any  application  for  any 
injunction  above  provided  for,  any  director,  officer,  re- 
ceiver or  trustee  of  any  corporation  or  company  afore- 
said, or  any  receiver,  trustee  or  person  aforesaid,  or  any 
of  them  alone,  or  with  any  agent  of  any  such  corporation 
or  company,  receiver,  trustee  or  person  aforesaid,  or  any 
other  person  or  persons,  party  or  parties,  may  and  shall 
be  compelled  to  attend,  appear  and  testify  and  give  evi- 
dence; and  no  claim  that  such  testimony  or  evidence 
might,  or  might  tend  to,  criminate  the  person  testifying 
or  giving  evidence  shall  be  of  any  avail;  but  such  evi- 
dence or  testimony  shall  not  be  used  as  against  such 
person  on  the  trial  of  any  indictment  against  him.  The 
attendance  and  appearance  of  any  of  the  persons  who, 
as  aforesaid,  may  be  compelled  to  appear  and  testify, 
and  the  giving  of  the  testimony  or  evidence  by  the  same 
respectively,  and  the  production  of  books  and  papers 
thereby  may  and  shall  be  compelled,  the  same  as  in 
the  case  of  any  other  witnesses;  and  in  case  any  such 
deposition  or  evidence,  or  the  production  of  any  books  or 
papers,  may  be  desired  or  required  for  the  purpose  of 
applying  for  or  sustaining  any  injunction  aforesaid,  the 
same,  and  the  production  of  books  and  pai>ers,  may  and 
shall  be  had,  taken  and  compelled  by  or  before  any  clerk 
of  the  District  Court  in  any  of  the  judicial  districts  In 
the  State  of  Nevada,  or  in  any  manner  provided  for  or 
to  be  provided  for,  as  to  the  taking  of  other  depositions 
or  evidence,  or  the  attendance  of  witnesses,  or  the  pro- 
duction of  other  books  or  papers  in  or  by  the  statutes 
of  Nevada.  In  actions  to  be  brought  as  aforesaid,  dam- 
ages sustained  in  the  period  of  a  month  or  part  of  a 
month  may  be  regarded  as  and  counted  or  declared  upon 
or  complained  of  generally,  and  as  one  separate  cause 
of  action;  and  so,  whether  such  damages  be  sustained  in 


one  month  or  in  different  months;  and  such  separat 
causes  of  action  may  be  joined  in  the  same  action.  N 
action  aforesaid  shall  he  sustained  unless  brought  withl 
one  year  after  the  cause  of  action  shall  accrue. 

Who  liable— Penalty.  1039.  §  8.  Any  director  or  office 
of  any  corporation  or  company  acting  or  engaged  a 
aforesaid,  or  any  receiver  or  trustee,  lessee  or  perso 
acting  or  engaged  as  aforesaid,  or  any  agent  of  any  sue 
corporation  or  company,  receiver,  trustee,  or  person  afon 
said,  or  of  any  of  them  alone,  or  with  any  other  co; 
poration,  company,  person,  or  party,  who  shall  direct! 
or  indirectly  do,  or  cause,  or  willingly  suffer  or  perm: 
to  be  done,  any  act,  matter  or  thing  in  this  Act  prohii 
ited  or  forbidden,  or  directly  or  indirectly  aid  or  alx 
therein,  or  shall  directly  or  indirectly  omit  or  tail  to  d 
any  act,  matter  or  thing  in  this  Act  required  to  be  doni 
or  cause  or  willingly  suffer  or  permit  any  act,  matte 
or  thing,  so  directed  or  required  to  be  done,  no:  t 
be  so  done,  or  shall  directly  or  indirectly  aid  or  ab( 
any  such  omission  or  failure,  or  shall  directly  or  ind 
rectly  be  guilty  of  any  infraction  of  this  Act,  or  direct! 
or  indirectly  aid  or  abet  therein,  shall  be  guilty  of 
misdemeanor,  and  upon  conviction  thereof  shall  be  line 
not   less   than   $2,000. 

Property  of  United  States  excepted.  1040.  §  9.  Noti 
ing  in  this  Act  shall  apply  to  the  carriage,  storage  r 
ceiving,  handling  or  forwarding  of  the  proi>erty  of  th 
United  States  at  lower  rates  of  freight  and  charges  tha 
to  the  general  public,  or  to  the  transportation  of  article 
free  or  at  reduced  rates  for  charitable  purposes,  or  to  t 
from  public  fairs  or  expositions  for  exhibition,  or  to  ti 
transportation  of  material  or  supplies  for  the  consTU 
tion  of  other  railroads  within  the  State,  or  from  a  iioh 
within  the  State  to  a  point  beyond  its  boundaries. 

Meaning  of  ''person  or  persons."  1041.  §  10.  The  v  ori 
"person  or  persons"  as  used  in  this  Act,  except  y.  hei 
otherwise  provided,  shall  be  construed  and  held  to  i  lea 
person  or  persons,  company  or  companies,  corpor  tio 
or  corporations,  officer  or  officers,  receiver  or  recei  r 
trustee  or  trustees,  lessee  or  lessees,  agent  or  ag  nt 
or  other  person  or  persons  acting  or  engaged  in 
the  matters  and  things  mentioned  in  this  Act. 

CABHI.\UE   OF   LIVE    STOCK. 

Duties  of  railroad  companies  in  transporting  live's' 
1043.  §  1.  No  company  operating  any  railroad  in  thl 
State  shall,  in  carrying  and  transporting  any  cattle,  i  hee 
or  hogs,  in  carload  lots,  confine  the  same  in  cars  or 
longer  period  than  36  consecutive  hours  without  ur  loai 
ing  for  rest,  water  and  feeding,  for  a  period  of  at  leai 
ten  consecutive  hours.  In  estimating  such  time  of  coi 
finement  the  period  in  which  the  animals  have  been  coi 
fined  without  such  rest  on  connecting  roads  shall  be  cQJ 
puted.  H 

May  charge  expense  of  feeding  stock  to  oxcners  tl^^l 
tain  cases.  1044.  §  2.  In  case  the  owner  or  pers'i  i" 
charge  of  such  animals  refuse  or  neglect  to  pay  fo  ■  th 
feed  and  care  of  the  animals  so  rested,  the  railroad  con 
pany  may  charge  the  expense  thereof  to  the  own  'r_c 
consignee,  and  retain  a  lien  upon  the  animals  unt,  j 
same  is  paid. 


EMINENT   DOMAIN. 


ntyi 


(Approved   March   27,   1907—1907    Session   Laws,   p. 

Public  use  for  which  right  of  eminent  domain  may  I 
exercised.  §1.  Subject  to  the  provisions  of  this  Act,  tt 
right  of  eminent  domain  may  be  exercised  in  behilf  i 
the  following  public  uses: 

1.  All  public  uses  authorized  by  the  government  < 
the  United  States. 

2.  Public  buildings  and  grounds  for  the  use  of  tl 
State,  and  all  other  public  uses  authorized  by  the  l«gi 
lature. 

3.  Public  buildings  and  grounds  for  the  use  f'f  ar. 
county,  incorporated  city  or  town,  or  school  dlstric 
reservoirs,  water  rights,  canals,  aqueducts,  flumes,  ditch' 
or  pipes  for  conducting  water  for  the  use  of  the  inhab  I 
ants  of  any  county,  or  incorporated  city  or  town,  or  f  < 
draining  any  county,  or  incorporated  city  or  town;  fl 
raising  the  banks  of  streams,  removing  obstructions  thei: 
from,  and  widening,  deepening,  or  straightening  thcj 
channels;    for   roads,    streets,    and    alleys   and   all   oth  j 


Public  Service  Laws 


887 


public   uses   for   the   benefit   of   any    county,   incorporated 
city  or  town,  or  the  inhabitants  thereof. 

4.  Wharves,  docks,  piers,  chutes,  booms,  terries, 
bridges,  toll  roads,  by-roads,  plank  and  turnpike  roads, 
roads  for  transportation  by  traction  engines  or  road 
locomotives,  roads  for  logging  or  lumbering  purposes  and 
railroads  and  street  railways  for  public  transportation. 

5.  Reservoirs,  dams,  water-gates,  canals,  ditches, 
flumes,  tunnels,  Aqueducts,  and  pipes  for  supplying  per- 
sons, mines,  mills,  smelters,  or  other  works  for  the  re- 
duction of  ores,  with  water  for  domestic  or  other  uses, 
or  for  irrigating  purposes  or  for  draining  and  reclaiming 
lands,  or  for  floating  logs  and  lumber  on  streams  not 
navigable. 

6.  Roads,  railroads,  tramways,  tunnels,  ditches, 
flumes,  pipes  and  dumping  places  to  facilitate  the  milling, 
smelting  or  other  reduction  of  ores,  or  the  working  of 
mines,  and  for  all  mining  purposes;  outlets,  natural  or 
otherwise,  for  the  deposit  or  conduct  of  tailings,  refuse  or 
water  from  mills,  smelters  or  other  works,  for  the  re- 
duction of  ores,  or  from  mines,  mill  dams,  natural  gas 
or  oil  pipe  lines,  tanks  or  reservoirs;  also  an  occupancy 
in  common  by  the  owners  or  possessors  of  different 
mines,  mills,  smelters  or  other  places  for  the  reduction 
of  ores,  of  any  place  for  the  flow,  deposit  or  conduct  of 
tailing  or  refuse  matter,  also  necessary  laild  upon  which 
to  erect  smelters  and  to  operate  the  same  successfully, 
Including  deposition  of  fine  (flue)  dust,  fumes,  and  smoke. 

8.  Telegraph,  telephone,  electric  light  and  electric 
power  lines,  and  sites  for  electric  light  and  power 
plants. 

10.  Canals,  reservoirs,  dams,  ditches,  flumes,  aque- 
ducts, and  pipes  for  supplying  and  storing  water  for  the 
operation  of  machinery  for  the  purpose  of  generating  and 
transmitting  electricity  for  power,  light  or  heat. 

11.  (Omitted.) 

12.  Pipe  lines  for  the  purpose  of  conducting  any  and 
all  liquids  connected  with  the  manufacture  of  beet  sugar. 

What  may  be  taken  for  public  use.  §  2.  The  following 
is  a  classification  of  the  estates  and  rights  in  lands  sub- 
ject to  be  taken  for  public  use: 

1.  A  fee  simple,  when  taken  for  public  buildings  or 
grounds  or  for  permanent  buildings,  for  reservoirs  and 
dams,  and  permanent  flooding  occasioned  thereby,  or  for 
an  outlet  for  a  flow,  or  a  place  for  the  deposit  of  debris, 
or  tailings  of  a  mine,  mill,  smelter  or  other  place  for 
the  reduction  of  ores. 

2.  An  easement,  when  taken  for  any  other  use. 
Property  tchich  may  be  taken.     §  3.     The  private  prop- 
erty  which   may   be  taken  under  this   Act  includes: 

1.  All  real  property  belonging  to  any  person,  com- 
pany  or   corporation. 

2.  I.ands  belonging  to  the  State,  or  to  any  county,  or 
incorporated  city,  or  town,  not  appropriated  to  some 
public  use. 

3.  Property  appropriated  to  public  use;  provided,  that 
such  property  shall  not  be  taken  unless  for  a  more  nec- 
essary public  use  than  that  to  which  it  has  been  already 
appropriated. 

4.  Franchises  for  toll  roads,  toll  bridges,  ferries  and 
all  other  franchises;  provided,  that  such  franchises  shall 
not  be  taken  unless  for  free  highways,  railroads  or 
other   more  necessary   public   use. 

5.  All  rights  of  way  for  any  and  all  purposes  men- 
tioned in  §  1,  and  any  and  all  structures  and  improve- 
ments thereon,  and  the  lands  held  or  used  in  connection 
therewith,  shall  be  subject  to  be  connected  with,  crossed 
or  intersected  by  any  other  right  of  way  or  Improvement 
or  structure  thereon.  They  shall  also  be  subject  to  a 
limited  use  in  common  with  the  owner  thereof,  when 
necessary;  but  such  uses  of  crossings.  Intersections  and 
connections  shall  be  made  in  the  manner  most  compatible 
with  the  greatest  public  benefit  and  the  least  private 
injury. 

C.  All  classes  of  private  property  not  enumerated  may 
be  taken  for  public  use  when  such  taking  is  authorized 
by  law. 

Preliminary  action  to  taking  property.  §  4.  Before 
property  can  be  taken  it  must  appear: 

1.  That  the  use  to  which  it  is  to  be  applied  is  a  use 
authorized  by  law. 

2.  That  the  taking  Is   necessary  to   such   use. 

3.  If  already   appropriated   to   some   public   use,   that 


the   public    use   to  which    it   is   to   be   applied    is   a    more 
necessary  public  use. 

Use  to  be  surveyed  and  located.  §  5.  In  all  cases  where 
land  is  required  for  public  use,  the  person  or  corporation 
or  its  agents  in  charge  of  such  use  may  survey  and 
locate  the  same;  but  it  must  be  located  in  the  manner 
which  will  be  most  compatible  with  the  greatest  public 
good  and  the  least  private  injury,  and  subject  to  the 
provisions  of  this  Act.  The  person  or  corporation  or 
his  or  its  agents,  in  charge  of  such  public  use,  may  enter 
upon  the  land  and  make  examinations,  surveys  and  maps 
thereof,  and  such  entry  shall  constitute  no  cause  of  action 
in  favor  of  the  owners  of  the  lands,  except  for  actual 
damages  sustained  and  all  injuries  resulting  from  negli- 
gence, wantonness  or  malice. 

Proceedings  in  proper  District  Court.  §  6.  All  proceed- 
ings under  this  Act  must  be  brought  in  the  District 
Court  for  the  county  in  which  the  property,  or  some  part 
thereof,  is  situated.  The  complaint  in  such  cases  must 
be  verified,  and  the  party  instituting  such  proceedings 
shall  file  with  the  recorder  cf  each  county  in  which  any 
of  the  property  is  situated  a  notice  of  the  pendency  of 
the  action. 

Sections  7-21  describe  the  procedure  and  are  omitted. 

Plaintiff  to  pay,  when;  when  railroad  company.  §  22. 
The  plaintiff  must,  within  30  days  after  final  judgment, 
pay  the  sum  of  money  assessed;  and,  if  the  plaintiff  is  a 
railroad  company,  it  shall  also  execute  to  the  defendant 
a  bond,  with  sureties  to  be  determined  and  approved  by 
the  court  or  judge,  ccnditioned  that  the  plaintiff  shall 
build  proper  fences  through  any  enclosed  field  before 
commencing  actual  construction.  In  an  action  on  the 
bond  all  damages  sustained  and  the  cost  of  the  construc- 
tion of  such  fences  and  cattle  guards,  with  a  reasonable 
attorney  fee  to  be  fixed  by  the  court,  may  be  recovered. 

Rights  of  railways.  §  32.  Any  company  incorporated 
under  the  laws  of  this  State  or  constructing  or  operating 
a  railway  in  this  State,  in  addition  to  other  rights  con- 
ferred, shall  have  power  to  enter,  by  its  servants,  upon 
the  real  property  of  any  person  for  the  purpose  of  select- 
ing an  advantageous  route  for  its  main  line  or  any 
branch  thereof,  or  for  the  purpose  of  relocating  its  line, 
subject  to  responsibility  for  all  damages  resulting  there- 
from; to  acquire,  by  purchase,  donation  or  otherwise,  all 
such  real  and  personal  property  as  may  be  necessary 
for,  or  may  be  given  to  aid  or  encourage  the  construc- 
tion and  maintenance  of  its  railroad  and  for  its  buildings 
and  yards;  to  condemn,  in  the  manner  provided  by  law,  a 
right  of  way  with  such  additional  lands  as  may  be  nec- 
essary for  depot  grounds  or  for  the  purpose  of  construct- 
ing necessary  embankments,  excavations,  ditches  or 
bodies  of  water,  streets,  highways  or  railroads  which 
its  roads  may  Intersect,  and  in  such  manner  as  to  afford 
security  for  life  and  property,  and  subject  to  the  duty  of 
immediatel/  restoring  such  course  or  body  of  water, 
street,  highway  or  railway  to  its  former  condition,  as 
nearly  as  may  be;  to  cross,  intersect,  join  or  unite  its 
railroad  with  any  other  railroad,  either  before  or  after 
the  construction,  at  any  point  upon  its  route,  and  upon 
the  grounds  of  such  other  railroad  corporation,  with  the 
necessary  turnouts,  sidings  and  switches  and  other  con- 
veniences in  furtherance  of  the  objects  of  its  connec- 
tions, and  every  corporation  whose  railroad  is  or  shall 
be  hereafter  intersected  by  any  new  railroad  shall  unite 
with  the  owners  of  such  new  railroad  in  forming  such 
intersections  and  connections,  and  grant  facilities  there- 
for; to  construct  and  operate  spurs  or  branches  thereof, 
not  to  exceed  5  miles  in  length  each,  though  such  spurs 
or  branch  lines  be  not  named  or  described  in  the  articles 
of  incorporation,  and  to  relocate  any  section  or  sections 
of  its  lines  between  the  principal  termini,  with  the  same 
powers  as  in  the  case  of  original  or  first  locations. 

Railway  companies'  duties  regarding  highways  and 
other  railroads.  §  33.  Any  railroad  company  whose  right 
of  way  or  whose  track  or  roadbed  upon  such  right  of 
way  passes  through  any  caiion,  pass  or  defile  shall  not 
prevent  any  other  railroad  company  from  the  use  or 
occupancy  of  said  canon,  pass  or  defile,  for  the  purposes 
of  its  road,  in  common  with  the  read  first  located,  or 
the  crossing  of  other  railroads  at  grade;  and  the  loca- 
tion of  such   right  of  way  through   any   canon,   pass  or 


888 


National  Association  of  Railway  Commissioners 


defile  shall  not  cause  the  disuse  of  any  wagon  or  other 
public  highway  now  located  therein,  nor  prevent  the 
location  through  the  same  of  any  such  wagon  road  or 
highway  where  such  road  or  highway  may  he  necessary 
for  the  public  accommodation;  and  where  any  change  in 
the  location  of  such  wagon  road  is  necessary  to  permit 
the  passage  of  such  railroad  through  any  canon,  pass 
or  defile,  said  railroad  company  shall,  before  entering 
upon  the  ground  occupied  by  such  wagon  road,  cause  the 
same  to  be  reconstructed  at  its  own  expense  in  the  most 
favorable  location,  and  in  as  perfect  a  manner  as  the 
original  road;  provided,  that  such  expenses  shall  be 
equitably  divided  between  any  number  of  railroad  com- 
panies occupying  and  using  the  same  caiion,  pass  or 
defile. 

Right  of  eminent  domain  granted  to  foreign  companies. 
§  34.  The  right  of  eminent  domain  is  hereby  granted  to 
non-resident  or  foreign  corporations  which  are  now  or- 
ganized or  may  be  organized  under  the  laws  of  any 
other  State  or  Territory,  or  under  any  Act  of  congress, 
and  upon  the  same  terms  and  conditions  as  any  resident 
citizen  or  domestic  corporation;  provided,  however,  that, 
before  any  corporation  organized  or  incorporated  other- 
wise than  under  the  laws  of  this  State  shall  be  entitled 
to  any  of  the  rights  granted  by  this  Act,  it  must  first 
comply  with  all  laws  of  this  State  prescribing  the  con- 
ditions in  which  such  foreign  corporation  may  be  au- 
thorized to  do  business  within  the  State  or  within  any 
county  of  the  State  wherein  it  seeks  to  exercise  the  right 
of  eminent  domain. 

Repeal.  §  35.  All  Acts  or  parts  of  Acts  in  conflict  with 
this  Act  are  hereby  repealed. 

HORSE   INSPECTION. 

(Approved  March  29,  1907— Session  Laws,  1907,  p.  431.) 
The  people  of  the  State  of  Nevada,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Inspection  of  horses.  §  1.  It  shall  be  the  duty  of  every 
person,  or  persons,  firm,  association  or  corporation, 
shipping  or  driving  any  horses  out  of  this  State  to  hold 
the  same  at  some  convenient  place  for  inspection  as  here- 
inafter provided  by  this  Act,  and  it  shall  be  unlawful  for 
any  person  or  persons,  firm,  association  or  corporation 
to  ship,  drive  or  in  any  manner  remove  beyond  the 
boundaries  of  this  State  any  herd,  band  or  carload  of 
horses  until  the  same  shall  have  been  duly  inspected 
as  hereinafter   provided   for. 

Railroad  companies  held  liable.  §  2.  It  shall  be  unlaw- 
ful for  any  railroad  company  to  receive  for  transportation 
bej'ond  the  boundaries  of  this  State  any  herd,  band  or  car- 
load of  horses  until  the  same  shall  have  been  duly  in- 
spected as  hereinafter  provided  by  this  Act,  and  until  such 
railroad  company  shall  have  been  furnished  with  a  certifi- 
cate by  a  duly  authorized  inspector  of  the  county  in  which 
the  shipment  is  to  be  made  showing  that  th^  brands  upon 
such  horses  have  been  duly  inspected  as  required  by  this 
Act,  and  any  railroad  company,  or  any  officer,  agent,  or 
servant  of  any  railroad  company  who  shall  violate  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  less 
than  $100  and  not  more  than  $5,000,  in  the  discretion  of  the 
court. 

SALE    OP    ONE    RAILROAD    TO    ANOTHER. 

(Approved  March  1,  1899.) 

May  exercise  the  power  of  eminent  domain — To  file  copy 
of  certificate  with  county  recorder  of  each  county.  1042. 
§  1.  Any  raili-oad  corporation  owning  any  railroad  in  this 
State  may  sell,  convey  and  transfer  its  property  and 
franchises,  or  any  part  thereof,  to  any  other  railroad  cor- 
poration, whether  organized  under  the  laws  of  this  State 
or  of  any  other  State  or  Territory,  or  under  any  Act  of 
congress,  and  any  such  other  railroad  corporation  receiv- 
ing such  conveyance  may  hold  and  operate  such  railroad 
franchises  and  property  within  this  State,  build  and  oper- 
ate extensions  or  branches  .thereof,  and  for  that  purpose 
exercise  the  power  of  eminent  domain,  and  do  any  other 
business  in  connection  therewith,  as  fully  and  effectually 
to  all  intents  and  purposes  as  if  such  corporation  were 
organized  under  the  laws  of  this  State;  provided,  never- 
theless, that  before  any  corporation  incorporated  or  or- 
ganized otherwise  than  under  the  laws  of  this  State  shall 
acquire  any  railroad  in  this  State  by  virtue  of  this  law,  it 


shall  file  in  the  oflBce  of  the  county  recorder  of  each 
county  in  which  the  same  shall  be  situated  a  copy  of 
its  certificate  or  articles  of  incorporation  or  of  the  Act 
or  law  by  which  it  was  created,  with  a  certified  list  of  its 
ofllcers,  in  the  manner  and  form  required  by  §  1  of  an 
Act  of  the  legislature  of  the  State  of  Nevada  entitled 
"An  Act  to  amend  an  Act  entitled  'An  Act  to  require  for- 
eign corporations  to  furnish  evidence  of  their  incorpora- 
tion and  corporate  name,'  approved  March  3,  1869,"  ap- 
proved January  30,  1877. 

TRAIN  CREWS. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  promote  the 
public  safety  by  requiring  railroad  companies  to  provide 
adequate  train  crews. 

(Approved  March  28,  1911.) 
The  people  of  the  State  of  Nevada,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

§  1.  Section  1  of  the  said  Act  is  hereby  amended  so 
as  to  read  as  follows: 

Train  crew  of  four,  when.  %  1.  It  shall  be  unlawful 
for  any  railroad  company  or  receiver  of  any  railroad  com- 
pany, doing  business  in  the  State  of  Nevada,  to  run  over 
its  road  or  part  of  its  road  outside  the  yard  limits,  any 
passenger  train  consisting  of  two  cars  or  less,  exclusi.-e 
of  engine  and  tenders,  with  less  than  a  crew  consisting  of 
four  persons,  one  engineer,  one  fireman,  one  conduct  jr 
and  one  brakeman,  who  will  act  in  the  capacity  of  flag- 
man. 

§  2.  Section  2  of  the  said  Act  is  hereby  amended  so  is 
to  read  as  follows: 

Train  creio  of  five,  lohcn.  §  2.  It  shall  be  unlawful  f  jr 
any  railroad  company,  or  receiver  of  any  railroad  co:a- 
pany,  doing  business  in  the  State  of  Nevada,  to  run  ov  ;r 
its  road  or  part  of  its  road  outside  of  the  yard  limits,  any 
passenger  train  consisting  of  three  cars  or  more,  exclu- 
sive of  engine  and  tenders,  with  less  than  a  crew  consi  t- 
ing  of  five  persons,  one  engineer,  one  fireman,  one  cc  a- 
ductor,  one  brakeman,  and  one  flagman. 

§  3.  Section  3  of  said  Act  is  hereby  amended  so  is 
to  read  as  follows: 

Penalty  for  noncompliance.  §  3.  Any  railroad  compa  ly 
or  receiver  of  any  railroad  company  doing  business  in  t  le 
State  of  Nevada  which  shall  violate  any  of  the  pro  i- 
sions  of  this  Act  shall  be  liable  to  the  State  of  Neva  la 
for  a  penalty  of  not  less  than  $100  nor  more  than  $1,0  )0 
for  each  offense;  and  such  penalty  shall  be  recovered  a  id 
suit  brought  in  the  name  of  the  State  of  Nevada  in  a 
court  of  proper  jurisdiction  in  any  county  in  or  throu  :h 
which  such  line  of  railroad  may  run,  by  the  attorney-g(  q- 
eral,  or  under  his  direction,  or  by  the  district  attorn  ',y 
in  any  county  through  which  such  lines  of  railroad  may  38 
operated. 

§  4.  Section  4  of  said  Act  is  hereby  amended  so  is 
to  read  as  follows: 

Applies  to  railroads  longer  than  95  miles.  §  4.  T  le 
provisions  of  this  Act  shall  not  apply  to  or  include  a  ly 
railroad  eompany,  or  receiver  or  manager  thereof,  or 
any  line  of  railroad  in  this  State  less  than  95  miles  in 
length. 

§  5.  Section  5  of  the  said  Act  is  hereby  amended  so 
as   to  read   as  follows: 

Supplementary  to  original  Act.  §  5.  This  Act  shall  i  ot 
be  deemed  to  be  in  conflict  with,  or  to  repeal,  but  sup- 
plementary to  "An  Act  to  promote  the  public  safety  by 
requiring  common  carrier  railroads  to  provide  ade 
train  crews  and  defining  such  crews." 


TRAIN  CREWS. 
CHAPTER  18. 


An  Act  to  promote  the  public  safety  by  requiring  railrc  ad 
companies  to  provide  adequate  train  crews,  and  dein- 
ing  such  crews,  and  prescribing  a  penalty  for  the  vio- 
lation of  the  provisions  thereof. 

(Approved  February  21,  1911,  being  the  Act  supplemente 
by  the  foregoing  Act.)  "~ 

The  people  of  the  State  of  Nevada  represented  in 
and  assembly,  do  enact  as  follows: 
Certain  train  crews  must  consist  of  four  persons.    §  1. 

It   shall    be    unlawful    for    any    railroad    company   or   re- 


men  ted 

4 


Public  Service  Laws 


889 


ceivei-  of  any  railroad  company,  doing  business  in  the 
State  of  Nevada,  to  run  over  Its  road,  or  part  of  its 
road  outside  tlie  yard  limits,  any  passenger  train  con- 
sisting of  five  cars  or  less,  exclusive  of  engine  and 
tenders,  with  less  than  a  crew  consisting  of  four  per- 
sons, one  engineer,  one  fireman,  one  conductor  and  one 
brakeman,  who  will  act  in  the  capacity  of  flagman. 

When  must  be  five  persons.  §  2.  It  shall  be  unlawful 
for  any  railroad  company,  or  receiver  of  any  railroad 
company,  doing  business  in  the  State  of  Nevada,  to  run 
over  its  road,  or  parts  of  its  road  outside  of  the  yard 
limits,  any  passenger  train  consisting  of  six  cars  or 
more,  exclusive  of  engine  and  tenders,  with  less  than  a 
crew  consisting  of  five  persons,  one  engineer,  one  fire- 
man,  one    conductor,   one    brakeman    and   one    flagman. 

Freight  crews,  etc.,  must  ie  five  persons.  §  3.  It  shall 
be  unlawful  for  any  railroad  company,  or  receiver  of 
any  railroad  company,  doing  business  in  the  State  of 
Nevada,  to  run  over  its  road,  or  part  of  its  road  outside 
of  the  yard  limits,  any  freight,  gravel  or  construction 
train,  regularly,  of  more  than  eight  cars,  exclusive  of 
engine  and  tender,  with  less  than  a  crew  consisting  of 
five  persons,  one  engineer,  one  fireman,  one  conductor  and 
two   brakemen. 

Penalty.  §  4.  Any  railroad  company  or  receiver  of  any 
railroad  company,  doing  business  in  the  State  of  Nevada, 
which  shall  violate  any  of  the  provisions  of  this  Act 
shall  be  liable  to  the  State  of  Nevada  for  a  penalty  of 
not  less  than  $100  or  more  than  $1,000  for  each  offense; 
and  such  penalty  shall  be  recovered  and  suit  brought  in 
the  name  of  the  State  of  Nevada  in  a  court  of  proper 
jurisdiction  in  any  county  in  or  through  which  such  line 
of  railroad  may  run,  by  the  attorney-general,  or  under 
his  direction,  or  by  the  district  attorney  in  any  county 
through   which   such  lines  of  railroad  may  be  operated. 

Exceptions.  §  5.  The  provisions  of  this  Act  shall  not 
apply  to  or  include  any  railroad  company,  or  receiver  or 
manager  thereof,  or  any  line  of  railroad  in  this  State 
less  than  20  miles  in  length;  neither  shall  they  apply 
to  the  operations  of  light  engines  and  tenders  when 
running  as   such,   outside   the   yard  limits. 

Supplementary  to  former  Act.  §  6.  This  Act  shall  not 
be  deemed  to  be  in  conflict  with,  or  to  repeal,  but  sup- 
plementary to  "An  Act  to  promote  the  public  safety  by 
requiring  common  carrier  railroads  to  provide  adequate 
train  crews  and  defining  such  crews,  and  prescribing  a 
penalty  for  the  violation  of  the  provisions  thereof,"  ap- 
proved March  8,  1909. 

EJIPLOYING    CHINESE. 

(Approved  March  6,  1879.) 

Not  employed  on  public  works.  5004.  §  1.  From  and 
after  the  passage  of  this  Act,  no  Chinaman  or  Mongolian 
shall  be  employed,  directly  or  indirectly,  in  any  capacity 
on  any  public  works,  or  in  or  about  any  buildings  or 
institutions,  or  grounds,  under  the  control   of  this   State. 

Charters  not  to  issue.  5005.  §  2.  Hereafter  no  right  of 
way  or  charter,  or  other  privileges,  for  the  construction 
of  any  public  works  by  any  railroad  or  other  corporation 
or  association  shall  be  granted  to  such  corporation  or 
association,  except  upon  the  express  condition  that  no 
Mongolian  or  Chinese  shall  be  employed  on  or  about  the 
construction  of  such  work  in  any  capacity. 

Penalty.  5006.  §  3.  Any  violation  of  the  conditions 
of  this  Act  shall  work  a  forfeiture  of  all  rights,  privi- 
leges and  franchise  granted  to  such  corporation  or  asso- 
ciation. 

BTJILDTNO    TELEOBAPH    LINES. 

(Approved  February  9,  1866.) 

Telegraph  lines  may  be  constructed.  1045.  §  1.  Any 
person  or  persons,  company,  association  or  corporation, 
desiring  to  do  so,  may  construct  and  maintain  or,  if 
already  constructed,  may  maintain,  or,  if  partially  con- 
structed, may  complete  and  maintain,  within  this  State, 
a  telegraph  line  or  lines,  by  complying  with  §  2  of  this 
Act. 

To  sign  and  acknowledge  certificate — File  and  record  in 
office  of  secretary  of  State.  1046.  §  2.  The  person,  or  per- 
sons, or  the  president  or  the  managing  agent  of  the 
company,  association  or  corporation,  mentioned  in  §  1, 
shall   make,    sign   and   acknowledge,   before   some    oflicer 


authorized  by  law  to  take  acknowledgments  of  deeds,  a 
certificate  in  writing,  setting  forth  the  name  or  names 
of  the  person  or  persons,  company,  association  or  cor- 
poration (as  the  case  may  be)  by  whom  said  line  is  to 
be  operated  and  the  names  of  the  points  or  places  con- 
stituting the  termini  of  said  line  within  this  State,  and 
a  general  description  of  the  route  of  said  line,  and  shall 
file  and  cause  the  same  to  be  recorded  in  the  ofl[ice  of 
the  secretary  of  State,  for  which  said  person  or  persons, 
company,  association  or  corporation  shall  pay  the  secre- 
tary of  State,  for  the  benefit  of  the  library  fund,  the  sum 
of  $5,  and  also  25  cents  for  each  folio  contained  in  said 
certificate.  The  record  of  said  certificates  shall  give 
constructive  notice  to  all  persons  of  the  matter  therein 
contained,  and  the  work  of  constructing  each  line,  if  not 
already  commenced  or  completed,  within  30  days  after 
the  filing  of  the  certificate  aforesaid,  and  shall  be  con- 
tinued,   with    all    reasonable    dispatch,    until   completed. 

May  construct  line  over  puDlic  or  private  lands — Proviso. 
1047.  §  3.  The  person  or  persons,  company,  association  or 
corporation  named  in  the  certificate  (provided  for  in  §  2), 
and  their  assigns,  may  construct  or,  if  constructed,  main- 
tain or,  if  partially  constructed,  complete  and  maintain, 
their  line  of  telegraph,  described  in  their  certificate, 
filed  as  aforesaid,  over  and  through  any  public  or  pri- 
vate lands,  and  along  or  across  any  streets,  alleys,  roads, 
highways  or  streams  within  this  State;  provided,  they 
do  not  obstruct  the  same,  and  may  operate  the  said  tele- 
graph line  between  the  termini  of  the  same,  and  have 
and  maintain  offices  and  stations  at  any  city,  town,  place 
or  point  along  said  line,  and  shall  be  entitled  to  demand, 
receive  and  collect  for  dispatches  and  messages  trans- 
mitted over  such  line,  such  sum  or  sums  as  he,  she,  they 
or  the  ofiicers  of  the  company,  association  or  corporation 
(as  the  case  may  be)   may  deem  proper. 

Rates  to  be  posted  at  each  office — Higher  charge  a  m,is- 
demeanor.  1048.  ^4.  The  rates  of  charges  so  established 
shall  be  written,  painted,  or  printed,  in  a  plain  and  legible 
manner,  and  posted  in  each  office  on  such  line;  and  if 
any  person  or  persons,  company,  association,  or  corpora- 
tion, who  shall  construct,  put  in  operation,  and  main- 
tain any  line  of  telegraph,  shall  demand  or  collect  any 
higher  or  greater  rates  of  charges  than  those  specified 
and  so  posted,  he,  she,  or  they,  or  the  officers  or  agents 
of  the  company,  association,  or  corporation  so  doing, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  before  any  court  of  competent  jurisdiction, 
shall,  for  each  offense,  be  punished  by  fine,  in  any  sum 
not  exceeding  $1,000  nor  less  than  $100,  and,  in  default 
of  payment  of  such  fine,  may,  in  the  discretion  of  the 
court,  be  committed  to  the  county  jail  until  such  fine  be 
paid;  one-half  of  all  such  fines  shall  go  to  the  informer, 
and  one-half  to  the  school  fund  of  the  county  in  which 
such  prosecution  is  had,  but  in  no  case  shall  the  county 
be  responsible  for  the  costs  in  any  such  prosecution. 

Lines  to  be  governed  by  the  general  laws  of  the  State — 
Proviso.  1049.  §  5.  Such  line  or  lines  of  telegraph  as  may 
avail  themselves  of  the  provisions  of  this  Act  shall  also 
be  governed,  in  all  respects,  by  the  general  laws  of  the 
State  regulating  telegraph  lines;  do  the  business  of  side 
lines,  and  transmit  all  dispatches  in  the  order  in  which 
they  are  received,  under  the  penalty  of  $100,  and  all  dam- 
ages sustained  thereby,  to  be  recovered,  with  costs  of 
suit,  by  the  person  or  persons  whose  dispatch  is  post- 
poned out  of  its  order;  provided,  that  arrangements  may 
be  made  with  publishers  of  newspapers  for  the  trans- 
mission of  intelligence  of  general  and  public  interest  out 
of  its  order;  and,  provided  further,  that  preference  may 
be  given  to  ofiicial  dispatches  for  the  detection  and  cap- 
ture of  criminals;  messages  on  public  business  may  be 
sent  by  the  State  of  Nevada  over  such  lines  free  of 
charge. 

Right  of  way — Appraisers — Tender  of  appraised  value — 
Appeal  may  be  taken.  1050.  §  6.  Any  person  or  persons, 
company,  association,  or  corporation,  or  their  assigns, 
who  are  constructing,  or  who  have  already  constructed, 
or  who  may  propose  to  construct,  a  line  of  telegraph, 
as  provided  in  this  Act,  shall  have  the  right  of  way  for 
the  same,  and  so  much  land  as  may  be  necessary  to 
construct  and  maintain  such  line,  and  for  this  purpose 
may  enter  upon  private  lands  along  the  line  described 
in  the  certificate,  for  the  purpose  of  examining  and  sur- 


890 


National  Association  of  Railway  Commissioners 


^ 


veying  the  same;  and  where  such  lands  cannot  be  ob- 
tained by  the  consent  of  the  owner  or  owners,  possessor 
or  possessors,  thereof,  so  much  of  the  same  as  may  be 
necessary  for  the  construction  of  said  line  may  be  ap- 
propriated by  said  person  or  persons,  company,  associa- 
tion, corporation,  or  their  assigns  (as  the  case  may  be), 
after  making  compensation  therefor,  as  follows,  to  wit: 
Said  person  or  persons,  company,  association,  corporation, 
or  the  president  or  managing  agent  thereof,  shall  select 
one  appraiser,  and  said  owner  or  owners,  possessor  or 
possessors,  shall  select  one,  and  the  two  so  selected  shall 
select  a  third,  and  the  three  shall  appraise  the  lands 
sought  to  be  appropriated,  after  having  been  first  sworn 
before  some  ofHcer  authorized  by  law  to  administer 
oaths,  to  make  a  true  appraisement  thereof,  according  to 
the  best  of  their  knowledge  and  belief.  If  such  person 
or  persons,  company,  association,  corporation,  or  its  agent, 
shall  tender  to  such  owner  or  owners,  possessor  or  pos- 
sessors, the  appraised  value  of  such  lands,  appraised  as 
aforesaid,  he,  she,  or  they,  or  the  agent,  officers,  or  em- 
ployes of  such  company,  association,  or  corporation,  shall 
be  entitled  to  proceed  in  the  construction,  or,  if  con- 
structed, in  the  use  of  the  line  over  the  land  so  appraised, 
and  may  maintain  said  line  over  and  upon  said  land,  and 
at  all  times  enter  upon  the  same  and  pass  over  all  ad- 
joining lands,  for  the  purpose  of  constructing,  maintain- 
ing, and  repairing  said  telegraph  line,  notwithstanding 
such  tender  may  be  refused;  provided,  that  such  tender 
shall  always  be  kept  good  by  such  person  or  persons, 
company,  association,  corporation,  or  its  agent;  and, 
provided  further,  that  an  appeal  may  be  taken  by  either 
party  from  the  finding  of  the  appraisers,  to  the  District 
Court  of  the  district  within  which  the  land  so  appraised 
shall  be  situated,  at  any  time  within  three  months  after 
such  appraisement. 

Failure  to  keep  line  in  repair  to  forfeit  franchise — Quo 
warranto.  1051.  §  7.  The  owner  or  owners  of  any  line  or 
lines  constructed  and  maintained  under,  or  availing  him- 
self, or  themselves,  or  itself,  of  the  provisions  of  this 
Act,  shall  at  all  times  keep  the  same  in  as  good  condi- 
tion and  repair  as  may  be  practicable;  and  if  such  owner 
or  owners  shall  fail  to  keep  the  same  in  such  condition 
and  repair,  such  failure  shall  work  a  forfeiture  of  all 
rights,  privileges,  and  franchise  belonging  to  such  owner 
or  owners,  or  any  person  having  any  interest  therein. 
Such  franchise  may  be  also  declared  on  information  in 
the  nature  of  a  quo  warranto,  in  the  manner  provided  by 
law. 

Employes  exempt  from  military  and  jury  duty.  1061. 
§  10.  All  operators,  clerks  and  persons  in  the  employ  of 
any  telegraph  company,  whilst  employed  in  the  offices 
of  said  company,  or  along  the  route  of  its  telegraph  lines, 
shall  be  exempt  from  militia  duty  and  from  serving  on 
juries,  and  from  any  fine  or  i>enalty  for  the  neglect 
thereof. 

C0NTR.\CTS    AND    LEGAL    NOTICES    BY    TELEGRAPH    AND    BY    TELE- 
PJIONE. 

Contracts  made  by  telegraph.  1062.  §  llT  Contracts 
made  by  telegraph  shall  be  deemed  to  be  contracts  in 
writing;  and  all  communications  sent  by  telegraph,  and 
signed  by  the  person  or  persons  sending  the  same,  or  by 
his  or  their  authority,  shall  be  held  and  deemed  to  be 
communications   in   writing. 

Actual  notice  iy  telegraph.  1063.  §  12.  Whenever  any 
notice,  information,  or  intelligence,  written  or  otherwise, 
is  required  to  be  given,  the  same  may  be  given  by  tele- 
graph; provided,  that  the  dispatch  containing  the  same 
be  delivered  to  the  person  entitled  thereto,  or  to  his 
agent  or  attorney.  Notice  by  telegraph  shall  be  deemed 
actual   notice. 

Legal  instruments  rnay  be  sent  by  telegraph.  1064.  §  13. 
Any  power  of  attorney,  or  other  Instrument  in  writing 
duly  proved  or  acknowledged,  and  certified  so  as  to  be 
entitled  to  record,  may,  together  with  the  certificate  of 
its  proof  or  acknowledgment,  be  sent  by  telegraph,  and 
the  telegraphic  copy,  or  duplicate  thereof,  shall,  prima 
facie,  have  the  same  force  and  effect,  in  all  respects,  and 
may  be  admitted  to  record  and  recorded  in  the  same 
manner  and  with  like  effect  as  the  original. 

Bills,  notes,  etc.,  by  telegraph.  1065.  §  14.  Checks,  due 
bills,  promissory  notes,  bills  of  exchange,  and  all  orders 


or  agreements  for  the  payment  or  delivery  of  money,  or 
other  thing  of  value,  may  be  made  or  drawn  by  telegraph, 
and,  when  so  made  or  drawn,  shall  have  the  same  force 
and  effect  to  charge  the  maker,  drawer,  indorser,  or 
acceptor,  thereof,  and  shall  create  the  same  rights  and 
equities  in  favor  of  the  payee,  drawer,  indorsee,  acceptor, 
holder,  or  bearer  thereof;  and  shall  be  entitled  to  the 
same  days  of  grace  as  if  duly  made  or  drawn  and  de- 
livered in  writing;  but  it  shall  not  be  lawful  for  any 
person,  other  than  the  person  or  drawer  thereof,  to 
cause  any  such  instrument  to  be  sent  by  telegraph,  so 
as  to  charge  any  person  thereby.  Except  as  herein- 
after in  the  next  section  otherwise  provided,  whenever 
the  genuineness  or  execution  of  any  such  instrument 
received  by  telegraph  shall  be  denied  on  oath,  by.  or 
on  behalf  of  the  person  sought  to  be  charged  thereby, 
it  shall  be  incumbent  upon  the  party  claiming  under  or 
alleging  the  same,  to  prove  the  existence  and  execution 
of  the  original  writing  from  which  the  telegraphic  copy 
or  duplicate  was  transmitted.  The  original  message 
shall,  in  all  cases,  be  preserved  in  the  telegraph  oflice 
from  which  the  same  is  sent. 

Proof  as  to  genuineness.  1066.  §  15.  Except  as  herein- 
before otherwise  provided,  any  instrument  in  writing, 
duly  certified,  under  his  hand  and  official  seal,  by  a 
notary  public,  commissioner  of  deeds,  or  clerk  of  rec<  rd, 
to  be  genuine,  within  the  personal  knowledge  of  such 
officer,  may,  together  with  such  certificate,  be  sent  by 
telegraph,  and  the  telegraphic  copy  thereof  shall,  prima 
facie,  only  have  the  same  force,  effect,  and  validity,  in 
all  respects  whatsoever,  as  the  original,  and  the  burcen 
of  proof  shall  rest  with  the  party  denying  the  genuiae- 
ness  or  due  execution  of  the  original. 

Warrant  and  orders  of  arrest — Proviso.    1067.    Omitted. 

Service  of  torit  or  papers  sent  by  telegraph.  1068.  §  17. 
Any  writ  or  order  in  any  civil  suit  or  proceeding,  i  nd 
all  other  papers  requiring  service,  may  be  transmit  ed 
by  telegraph  for  service  in  any  place,  and  the  telegrap  lic 
copy  of  such  writ  or  order,  or  paper,  so  transmitted,  n  ay 
be  served  or  executed  by  the  officer  or  person  to  wh  )m 
it  is  sent  for  that  purpose,  and  returned  by  him,  if  i  ny 
return  be  requisite,  in  the  same  manner  and  with  he 
same  force  and  effect,  in  all  respects,  as  the  origi  lal 
thereof  might  be,  if  delivered  to  him;  and  the  officer  or 
person  serving  or  executing  the  same  shall  have  he 
same  authority,  and  be  subject  to  the  same  liabilities,  as 
if  the  said  copy  were  the  original.  The  original,  whei  a 
writ  or  order,  shall  also  be  filed  in  the  court  from  wh  ch 
it  was  issued,  and  a  certified  copy  thereof  shall  be  i  re- 
served in  the  telegraph  office  from  which  it  was  sent.  In 
sending  it  either  the  original  or  certified  copy  may  b« 
used  by  the  operator  for  that  purpose. 


TELEPHONE  LINES. 


41 

of  owieni 


(Approved  March  1,  1897.) 
An  Act  to  define  the  rights  and  responsibilities  of 
of  telephone  lines  in  the  State  of  Nevada. 

Rights  of  owners.  1076.  §  1.  All  persons  or  corpi  ra- 
tions owning  telephone  lines  now  in  operation,  or  ^  ho 
may  hereafter  construct  and  operate  such  lines  in  the 
State  of  Nevada,  shall  be  entitled  to  all  the  rights  md 
privileges  and  be  subject  to  all  the  restrictions  and  re- 
sponsibilities provided  for  in  an  Act  entitled  "An  Act  to 
provide  for  constructing  and  maintaining  telegraph  lines 
in    the   State   of   Nevada,"    approved   February   9,    186  i. 

Penalty  for  damage  to  telephone  property.  1077.  S  2. 
Any  person  who  shall  wilfully  or  maliciously  damage  or 
destroy  any  telephone  line,  or  in  any  manner  interiupt 
communication  over  any  telephone  line,  shall  be  Hi  ble 
for  damages  and  criminal  prosecution  in  the  same  mas  J 
and  to  the  same  extent  as  if  the  same  were  a  teleg 
line. 

CHAPTER  168— ACTS  OP  1909. 

FRANCHISE  RIGHTS  FROM  COUNTY  COMMISSIONERS. 

(Approved  March  23,  1909.) 
The  people  of  the  State  of  lievada,  represented  in  set 
and  assembly,  do  enact  as  folloics: 
Power  to  grant  franchises  given.     §  1.     The  board  ot 
county    commissioners    of    any    county    in    this    State 


is 


hereby  authorized  and  empowered  to  grant  to  any  person, 


i 


Public  Service  Laws 


891 


company,  corporation  or  association  the  franchise,  right 
and  privilege  to  construct,  install,  operate  and  maintain 
street  railways,  electric  light,  heat  and  jjower  lines,  gas 
and  water  mains,  telephone  and  telegraph  lines,  and  all 
necessary  or  proper  appliances  used  in  connection  there- 
with or  appurtenant  thereto,  in  the  streets,  alleys,  avenues 
and  other  places  in  any  unincorporated  town  or  city  in 
such  county,  and  along  the  public  roads  and  highways  of 
such  county,  when  the  applicant  therefor  shall  comply 
with  the  terms  and   provisions  of  this  Act. 

Application.  §  2.  Any  person,  company,  corporation  or 
association  desiring  such  franchise,  right  or  privilege  for 
any  purpose  specified  in  §  1  of  this  Act  shall  file  with  the 
board  of  county  commissioners  of  the  county  wherein 
such  franchise,  right  or  privilege  is  to  be  exercised,  an 
application  in  writing  which  shall  contain  and  set  forth: 
1.  The  name  of  the  applicant  and  the  time  for  which 
said  franchise,  right  or  privilege  is  desired,  not  exceed- 
ing 25  years.  2.  The  places  where  such  franchise,  right 
or  privilege  is  to  be  exercised,  and,  it  in  any  unincor- 
porated town  or  city,  the  streets,  avenues,  alleys  and 
other  places  through,  ever,  under  or  along  which  such 
franchise,  right  or  privilege  is  sought.  3.  If  such  appli- 
cation shall  be  for  a  street  railway,  it  shall  contain  a 
designation  of  the  route  of  the  proposed  line  in  any  such 
county,  and  shall  specify  the  width  of  ground  desired  to 
be  included  in  its  right  of  way.  4.  A  map  or  plat  cor- 
rectly showing  and  delineating,  so  far  as  practicable,  the 
proposed  route  or  right  of  way  Of  any  such  street  rail- 
way, light,  heat  or  power,  telegrapti  or  telephone  lines, 
and  the  places  where  such  gas  or  water  mains  shall  be 
laid  or  installed. 

Petition  of  taxpayers.  §  3.  An  applicant  shall  also  file 
with  such  application  and  as  a  part  thereof,  if  such 
franchise,  right  or  privilege  is  to  be  exercised  within 
any  unincorporated  town  or  city  in  such  county,  a  peti- 
tion, in  writing,  signed  by  a  majority  of  the  resident 
taxpayers  of  such  unincorporated  town  or  city.  Said 
taxpayers  must  be  residents  and  owners  of  real  estate 
situated  in  said  county,  and  paying  taxes  upon  said  real 
estate;  provided,  that  it  such  street  railway,  electric 
light,  heat  and  power  lines,  gas  and  water  mains,  tele- 
graph and  telephone  lines  shall  not  pass  through  any 
unincorporated  town  or  city,  no  petition  need  be  filed 
with  the  said  application  for  the  franchise.  Upon  re- 
ceipt of  such  application  for  such  franchise,  right  or 
privilege,  accompanied  by  a  deposit  sufficient  in  amount 
to  cover  the  cost  of  publication,  to  be  fixed  by  said 
board  of  county  commissioners,  it  shall  be  the  duty  of 
such  board  to  cause  such  application  to  be  published  once 
a  week  for  four  consecutive  weeks  in  some  newspaper  of 
general  circulation,  published  in  such  county  nearest  the 
place  where  such  application  shall  take  effect,  if  such 
there  be,  and,  if  not,  then  such  application  shall  be  posted 
for  a  like  period  by  the  county  clerk  of  such  county  in 
three  public  places  therein,  together  with  a  notice  speci- 
fying a  day,  not  later  than  10  days  after  the  completion 
of  such  publication,  or  at  the  next  regular  meeting  of 
such  board  after  the  completion  of  such  period  of  publi- 
cation, when  objections  to  the  granting  of  such  fran- 
chise, right  or  privilege,  as  applied  for,  shall  be  heard. 

Hearing.  §  4.  On  the  day  specified  in  such  notice  for 
the  hearing  thereof,  or  at  the  next  regular  meeting  of 
such  board  thereafter,  all  objections  to  the  granting  of 
such  franchise  shall  be  presented  to  said  board  cf  county 
commissioners.  The  board  shall  proceed  at  once  with 
the  consideration  of  the  application,  but  may  adjourn 
the  hearing  from  time  to  time,  not  exceeding  in  all  30 
days,  until  a  final  decision  is  reached. 

Terms  fixed.  §  5.  If  upon  full  consideration  of  all  the 
facts  the  board  of  county  commissioners  determine  that 
a  majority  of  the  resident  taxpayers,  as  hereinbefore 
provided,  have  signed  said  petition  and  desire  said  fran- 
chise allowed,  they  shall  fix  the  terms  and  prescribe  the 
conditions  under  which  said  franchise  is  to  be  granted, 
the  character  or  kinds  of  service  to  be  rendered,  the 
maximum  rates  to  be  charged  for  the  service,  and  such 
other  matters  properly  connected  therewith;  and  shall 
thereupon  grant  such  franchise  subject  to  said  terms  and 
conditions. 

Bond.     §  6.     The  county  commissioners  at  the  time  of 


granting  any  such  authority,  franchise  and  right  of  way, 
shall  require  the  applicant  to  enter  into  an  undertaking 
to  the  county  in  a  sum  to  be  determined  by  the  board 
of  county  commissioners,  with  syrety  or  sureties  ap- 
proved by  such  beard,  conditioned  that  such  applicant 
shall  commence  active  construction  of  such  telephone, 
telegraph,  light,  heat  or  power  lines,  the  laying  of  gas 
or  water  mains,  or  such  street  car  system,  for  which 
such  franchise,  right  or  privilege  is  granted,  within  60 
days  from  the  date  of  the  granting  of  such  franchise, 
right  or  privilege,  and  prosecute  the  construction  thereof 
to  completion  with  due  diligence;  failing  to  comply  with 
the  conditions  of  such  undertaking,  to  pay  into  the 
treasury  of  the  county  in  which  such  undertaking  is 
given  the  sum  of  money  mentioned  therein  and  forfeit 
all   rights    to   such   franchise,    right  or   privilege. 

Tico  per  cent  for  school  fund.  §  7.  Every  applicant  for 
a  franchise  for  any  of  the  purposes  mentioned  in  §  1  of 
this  Act  shall,  within  10  days  after  such  franchise  is 
granted,  file  with  the  county  recorder  of  such  county 
an  agreement,  properly  executed  by  the  grantee  of  such 
franchise,  right  or  privilege,  to  pay  annually,  on  the  first 
Monday  of  July  of  each  year,  to  the  county  treasurer 
of  the  county  wherein  such  franchise,  right  or  privilege 
is  to  be  exercised,  for  the  benefit  of  the  school  fund  of 
such  county,  two  per  cent  of  the  net  profits  made  by 
such  grantee  in  the  operation  of  any  public  utility  for 
which  such  franchise  is  granted,  and  no  power,  function, 
right  or  privilege  shall  be  exercised  until  such  agreement 
shall  be  filed. 

Annual  report  of  gross  receipts.  §  8.  The  grantee  of 
any  franchise,  right  or  privilege  secured  under  the  terms 
and  provisions  of  this  Act  shall  file  annually,  on  or  be- 
fore the  first  Monday  of  March  in  each  year,  with  the 
assessor  of  the  county  wherein  it  is  engaged  in  busi- 
ness, under  such  franchise,  right  or  privilege,  an  affidavit 
made  by  its  president  and  secretary  setting  forth  the 
gross  receipts  and  expenses  for  the  preceding  year,  and 
the  net  profits,  if  any,  for  the  same  period. 

Plant.  §  9.  Every  person,  company,  corporation  or 
association  receiving  a  franchise  under  the  provisions  of 
this  Act  shall  provide  a  plant  with  all  necessary  appur- 
tenances of  approved  construction  for  the  full  perform- 
ance of  his,  her,  their  or  its  franchise  duties,  rights  and 
obligations,  and  for  the  needs,  comfort  and  convenience 
of  the  inhabitants  of  the  various  unincorporated  towns 
and  cities,  county  or  place  to  which  such  franchise  re- 
lates; shall  keep  such  plants  and  appurtenances,  in- 
cluding all  tracks,  cars,  poles,  wires,  pipes,  mains  and 
other  attachments,  in  good  repair,  so  as  not  to  inter- 
fere with  the  passage  of  persons  or  vehicles,  or  the 
safety  of  persons  or  property.  The  board  of  county  com- 
missioners shall,  when  granting  such  franchise,  have  au- 
thority to  so  fix  and  direct  the  location  of  all  tracks, 
poles,  wires,  mains,  pipes  and  other  appurtenances  upon 
the  public  streets,  alleys,  avenues  and  highways  as  to 
best  serve  the  conveniences  of  the  public,  and  such  board 
shall  likewise  have  authority  to  change  the  location  of 
any  such  appurtenances  and  permit,  upon  proper  showing, 
all  necessary  extensions  thereof  when  the  interest  or 
convenience  of  the  public  shall  so  require.  All  poles, 
except  poles  from  which  trolley  wires  are  suspended 
for  street  car  lines,  from  which  wires  are  suspended  for 
electric  railroads,  power,  light  or  heating  purposes  within 
the  boundaries  of  unincorporated  towns  and  over  public 
highways  shall  not  be  less  than  30  feet  in  height,  and 
the  wires  strung  thereon  shall  not  be  less  than  25  feet 
above  the  ground,  and  every  person,  company,  associa- 
tion or  corporation  operating  a  telephone,  telegraph  or 
electric  light,  heat  or  power  line,  or  any  electric  railway 
line,  shall,  with  due  diligence,  provide  itself,  at  its  ex- 
pense, a  competent  electrician  to  cut,  repair  and  replace 
wires  in  all  cases  where  such  cutting  or  repairing  or 
replacing  is  made  necessary  by  the  removal  of  buildings 
or  other  property  through  the  public  streets  or  highways. 
And  no  person,  company,  corporation  or  association  shall 
be  granted  an  exclusive  franchise  nor  shall  any  board  of 
county  commissioners  have  authority  to  grant  a  fran- 
chise in  such  manner  or  under  such  terms  or  conditions 
as  to  hinder  or  obstruct  the  granting  of  franchises  to 
other    grantees,    or    in    such    manner    as    to    obstruct   or 


892 


National  Association  of  Eailway  Commissioners 


1 


impede  reasonable  competition  in  any  business  or  pttbllc 
service  to  which  this  Act  applies. 

Power  to  condemn  land.  §  10.  If  the  owner  of  any  real 
property  upon  or  over  which  the  proposed  line  of  the 
grantee  of  the  franchise  is  to  run  shall  object  to  the 
use  of  his  said  property  for  such  purpose,  the  land  rea- 
sonably necessary  therefor  may  be  condemned  In  the 
manner  prescribed  by  law  for  the  condemnation  of  land 
for  the  public  use,  such  condemnation  to  be  in  a  pro- 
ceeding brought  for  the  purpose  by  the  grantee  of  the 
franchise.  If  any  property,  real  or  personal,  abutting  or 
adjacent  to  the  line  of  the  right  of  way  of  said  franchise 
shall  be  injured  or  damaged  by  the  running  or  operation 
of  the  said  line  under  said  franchise,  the  grantee  of  the 
franchise  shall  be  liable,  in  an  action  at  law,  for  all  such 
injuries  and  damages,  due  to  the  negligence  of  the 
grantee. 

Existing  companies.  §  11.  All  persons,  companies,  asso- 
ciations or  corporations  In  the  business  of  conducting 
street  railways,  telephone,  telegraph,  electric  light  and 
power  lines,  gas  or  water  mains  in  any  of  the  cities, 
towns  or  places  mentioned  in  this  Act,  under  the  pro- 
visions of  any  other  Act  providing  for  the  granting  of 
such  franchises,  and  who  or  which  has  not  fully  com- 
plied with  the  provisions  of  the  Act  under  which  his, 
her,  their  or  its  franchise  was  obtained,  may,  neverthe- 
less, have  and  enjoy  all  the  privileges  and  benefits  of 
this  Act;  provided,  that  such  person,  company,  associa- 
tion or  corporation  shall,  within  six  months  after  the 
passage  of  this  Act,  file  in  the  office  of  the  secretary  of 
State,  and  in  the  office  of  the  county  recorder  of  the 
county  in  which  such  person,  company,  corporation  or 
association  maintains  its  principal  office  or  place  of 
business,  a  duly  executed  and  acknowledged  acceptance 
of  the  terms,  conditions  and  provisions  of  this  Act,  which 
acceptance,  in  case  of  a  corporation,  shall  be  evidenced 
by  a  duly  attested  or  certified  copy  of  a  resolution  of 
its  board  of  directors;  provided,  that  nothing  herein  con- 
tained shall  be  construed  to  relieve  any  such  person, 
company,  association  or  corporation  of  any  duty  or  obli- 
gation provided  in  any  Act  or  contained  in  any  franchise 
under  which  any  person,  company,  association  or  cor- 
poration is  now  operating. 

Repeal.  §  12.  An  Act  granting  to  persons  and  corpora- 
ations  the  right  to  supply  electric  power,  heat  and  light 
to  the  inhabitants  of  the  counties,  cities  and  counties, 
cities  and  towns  of  the  State  of  Nevada,  and  granting  to 
such  persons  and  corporations  the  right  to  «onstruct  and 
maintain  poles  and  wires  on  the  county  roads  and  high- 
ways and  in  the  streets  of  said  cities  and  counties,  cities 
and  towns  of  this  State,  and  to  conduct  electricity  over 
said  wires,  and  provide  for  the  punishment  of  obstruc- 
tion, hindrance  or  damage  thereto,  approved  March  2, 
1901,  the  same  being  chapter  25  of  the  laws  of  1901; 
also,  an  Act  entitled  "An  Act  to  define  the  rights  and 
responsibilities  of  owners  of  electric  light  lines  and 
power  lines  in  the  State  of  Nevada,"  approved  March  29, 
1907,  the  same  being  chapter  190  of  the  laws  of  1907; 
also,  "An  Act  to  empower  the  county  commissioners  of 
the  several  counties  of  the  State  of  Nevada  to  grant  a 
right  of  way  for  the  construction  of  telephone,  telegraph 
and  electric  power  lines,  underground  pipe  lines,  street 
car  lines  and  other  railway  lines  across  and  along  the 
public  roads  and  highways  of  the  State  of  Nevada,  and 
matters  relating  thereto,"  approved  March  29,  1907,  the 
same  being  chapter  196  of  the  laws  of  1907,  and  all 
other  Acts  and  parts  of  Acts  conflicting  with  the  pro- 
visions of  this  Act  are  hereby  repealed;  provided,  how- 
ever, that  neither  this  repealing  clause  nor  any  other 
provision  of  this  Act  shall  be  so  construed  as  to  deprive 
the  railroad  commission  of  Nevada,  or  any  public  service 
commission  of  this  State,  now  existing  or  hereafter  cre- 
ated, of  full  power  to  regulate  and  control,  as  prescribed 
by  law,  the  service,  practices,  regulations  and  charges 
subject  to  the  maximum  charges  fixed  by  the  board  of 
county  commissioners  upon   granting  the  franchise,   and 


subject  also  to  the  provisions  of  §  7  of  this  Act,  of  ail 
public  utilities  receiving  franchises  as  herein  provided. 

Exception.  §  13.  This  Act  shall  not  be  construed  in  any 
way  to  repeal  any  portion  of  an  Act  entitled  "An  Act 
concerning  franchises  for  furnishing  electric  light,  heat 
and  power,"  approved ,  1909. 

CHAPTER  163. 

CORPORATION   CHARTER   CHANGES. 

(Approved  March  23,  1909.) 

The  people  of  the  State  of  Nevada,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

§  1.  Section  41  Of  said  Act  Is  hereby  amended  so  as 
to  read  as  follows: 

§  41.  Any  corporation  of  this  State,  whether  or- 
ganized under  this  Act  or  by  a  special  Act  of  incorpora- 
tion or  under  general  laws,  excepting  railroad  corpora- 
tions, may  increase  or  decrease  its  capital  stock,  chaage 
its  name,  the  par  value  of  the  shares  of  its  capital 
stock,  or  the  location  of  its  principal  office  in  or  out  of 
this  State,  and  fix  any  method  of  altering  Its  by-laws 
permitted  by  this  Act  in  the  manner  prescribed  in  the 
foregoing  section,  and  any  corporation  may  in  the  seme 
manner  relinquish  one  or  more  branches  of  its  busin'iss, 
or  extend  its  business  to  such  branches  as  might  hvve 
been  inserted  in  its  original  certificate  of  incorporati  )n; 
provided,  that  any  corporation  of  this  State,  except  i  ail- 
road  corporations,  which  has  exercised  any  of  the  pow'rs, 
or  caused  to  be  done  any  of  the  acts,  hereinabove  sp  ;ci- 
fied,  in  the  manner  provided  by  this  Act,  shall  be  deer  led 
to  have  possessed  such  powers  as  fully  and  to  the  same 
extent  as  if  they  had  been  expressly  conferred  u  lon 
such  corporation  by  the  terms  and  provisions  of  lUls 
Act,  and  all  such  powers  and  acts  are  hereby  ratif  ed, 
confirmed  and  approved. 


HOURS    OF    TELEGRAPH    OPERATORS. 

(Approved  March  29,  1907.) 


^1 

it  itsi  aW 


Eight  consecutive  hours  maximum.  §  1.  That 
be  unlawful  for  any  person,  corporation  or  associat  on 
operating  a  railroad  within  this  State  to  permit  any  t  le- 
graph  or  telephone  operator  who  spaces  trains  by  he 
use  of  the  telegraph  or  telephone  under  what  is  knc  .vn 
and  termed  "block  system"  (defined  as  follows) :  le- 
porting  trains  to  another  officer  or  officers  or  to  a  tr  lia 
dispatcher  operating  one  or  more  trains  under  sign  .Is, 
and  telegraph  and  telephone  levermen  who  manipul  ite 
interlocking  machines  in  railroad  yards  or  en  m  lin 
tracks  out  on  the  lines  connecting  said  tracks  or  switcl  es, 
or  train  dispatchers  in  its  service  whose  duties,  £jl)- 
stantially  as  hereinbefore  set  forth,  pertain  to  the  mt  ve-' 
ments  of  cars,  engines  or  trains  on  its  railroad  by  he 
use  of  telegraph  or  telephone  In  dispatching  or  report  ng 
trains  or  receiving  or  transmitting  train  orders  as  in- 
terpreted in  this  section,  to  be  on  duty  for  more  t!  an 
eight  hours  in  any  24  consecutive  hours. 

Penalty  $100.  §  2.  That  any  person,  corporation  or  j 
elation  that  shall  violate  §  1  of  this  Act  shall  pi| 
fine  of  $100  for  each  violation  of  this  Act. 

How  recovered.    §3.    That  the  fine  mentioned  in  V^ 
this  Act  shall  be  recovered  by  an  action  of  debt  in   rhe 
name  of  the  State  of  Nevada  for  the  use  of  the  Stute, 
who  shall  sue  for  it  against  such  person,  corporation  or 
association  violating  this  Act,  said  suit  to  be  Instityj 
in   any  court  in   this   State  having  appropriate  jur' 
tion. 

Half  to  informer,  half  to  school  fund.  §  4.  That  the 
said  fine,  when  recovered  as  aforesaid,  shall  be  raid 
without  any  deduction  whatever,  one-half  thereof  to 
the  informer  and  the  balance  thereof  to  be  paid  in  to 
the  public  school  fund  of  the  State  of  Nevada. 


t!.an 

^1 

in   "he 

stite, 

lion  or 

ititutfl^ 

"1i 


Public  Service  Laws 


893 


PUBLIC   SERVICE  LAWS  OF  NEW  HAMPSHIRE 


CONSTITUTIONAL  PROVISIONS. 

The  constitution  of  New  Hampshire,  enacted  in  1784, 
contains  none  of  the  usual  provisions  in  reference  to 
railroads  or  other  common  caniers.  A  few  sections  that 
bear  remotely  on  the  subject  of  corporations  are  as 
follows: 

Protection  and  taxation  reciprocal.  (Article  12.)  Every 
member  of  the  community  has  a  right  to  be  protected 
by  it  in  the  enjoyment  of  his  life,  liberty  and  property. 
He  is,  therefore,  bound  to  contribute  his  share  in  the  ex- 
pense of  such  protection,  and  to  yield  his  personal  serv- 
ice, when  necessary,  or  an  equivalent.  But  no  part  of  a 
man's  property  shall  be  taken  from  him  or  applied  to 
public  uses  without  his  own  consent  or  that  of  the  repre- 
sentative body  of  the  people.  Nor  are  the  inhabitants 
of  this  State  controllable  by  any  other  laws  than  those 
to  which  they  or  their  representative  body  have  given 
their  consent. 

Retrospective  laws  prohiTjited.  (Article  23.)  Retrospec- 
tive laws  are  highly  injurious,  oppressive  and  unjust.  No 
such  laws,  therefore,  should  be  made,  either  for  the  deci- 
sion of  civil  causes  or  the  punishment  of  offenses. 

To  make  laws,  elect  officers,  define  their  powers  and 
duties,  impose  fines  and  assesses.  (Article  5.)  And,  fur- 
ther, full  power  and  authority  are  hereby  given  and  granted 
to  the  said  general  court,  from  time  to  time  to  make, 
ordain  and  establish  all  manner  of  wholesome  and  reason- 
able orders,  laws,  statutes,  ordinances,  directions  and  in- 
structions, either  with  penalties  or  without,  so  as  the  same 
be  not  repugnant  or  contrary  to  this  constitution,  as  they 
may  judge  for  the  benefit  and  welfare  of  this  State  and  for 
the  governing  and  ordering  thereof  and  of  the  subjects  of 
the  same,  for  the  necessary  support  and  defense  of  the  gov- 
ernment thereof;  and  to  name  and  settle  (biennially),  or 
provide  by  fixed  laws  for  the  naming  and  settling,  all  civil 
officers  within  this  State,  such  oflftcers  excepted  the  election 
and  appointment  of  whom  are  hereafter  in  this  form  of 
government  provided  for;  provided,  that  the  general  court 
shall  not  authorize  any  town  to  loan  or  give  its  money 
or  credit,  directly  or  indirectly,  for  the  benefit  of  any 
corporation  having  for  its  object  a  dividend  of  profits, 
or  in  any  way  aid  the  same  by  taking  its  stock  or  bonds. 
Words  in  italics  Inserted  by  amendment  of  1879. 

STATUTE  LAW. 

PUBLIC    SERVICE    COMMISSION    ACT. 

Meaning  of  terms  used.  §  1.  (a)  The  term  commission, 
as  used  in  this  Act,  shall  mean  the  public  service  com- 
mission hereby  created. 

(b)  The  term  railroad  corporation  shall  include 
^'very  corporation,  company,  association,  joint  stock  asso- 
ciation, partnership  and  person,  their  lessees,  trustees 
or  receivers,  appointed  by  any  court  whatsoever,  owning 
operating  or  managing  any  railroad  or  street  railway 
or  any  cars  or  equipment  used  thereon  or  in  connection 
therewith,  or  engaged  in  carrying  on  a  public  express 
business  over  the  line  of  any  railroad. 

(c)  The  term  public  utility  shall  include  every  cor- 
poration, company,  association,  joint  stock  association, 
partnership  and  person,  their  lessees,  trustees  or  re- 
ceivers appointed  by  any  court  whatsoever,  except  mu- 
nicipal corporations,  owning,  operating  or  managing 
any  plant  or  equipment  or  any  part  of  the  same  for  the 
conveyance  of  telephone  or  telegraph  messages  or  for 
the  manufacture  or  furnishing  of  light,  heat,  power  or 
water  for  the  public  or  owning  or  operating  any  ferry  or 
toll,  bridge. 

(d)  The  term  railroad  shall  include  every  railroad 
and  street  railway  by  whatever  power  operated  which  is 
open  to  public  use  in  the  conveyance  of  persons  or 
property,  for  a  compensation,  also  all  bridgeg,  grade 
crossings,  under  passes,  switches,  spurs,  tracks,  equip- 
ment, stations,  and  terminals  and  other  facilities  and 
property  of  every  kind  whatever,  used,  operated  or  owned 
fay  or  in  connection  with  any  such  railroad  or  railway. 

Commission  created — Appointment,  removal,  tenure  of 
office,  requisites,  salaries,  etc.  §  2.  (a)  A  public  service 
commission  is  hereby  created  to  be  composed  of  three  com- 


petent persons.  Immediately  after  the  passage  of  this  Act 
the  governor  shall  by  and  with  the  consent  of  the 
council  appoint  such  commissioners.  The  term  of  one 
such  appointee  shall  terminate  on  the  first  Monday  of 
June,  1913.  The  term  of  the  second  such  appointee 
shall  terminate  on  the  first  Monday  of  June,  1915.  The 
term  of  the  third  such  appointee  shall  terminate  on  the 
first  Monday  in  June,  1917.  Prior  to  June  1  in  the  year 
1913  and  in  each  year  thereafter  when  the  term  of 
a  commissioner  is  about  to  expire,  there  shall  be  ap- 
pointed and  confirmed  in  the  same  manner  one  commis- 
sioner for  the  term  of  six  years  from  the  first  Monday 
of  June  in  that  year.  Each  commissioner  so  appointed 
shall  hold  his  ofiice  until  his  successor  is  appointed  and 
qualified.  Any  vacancies  shall  be  filled  by  appointment 
by  the  governor  for  the  unexpired  term  subject  to  con- 
firmation by  the  council.  The  chairman  of  the  commis- 
sion shall  be  appointed  and  commissioned  as  such. 

(b)  No  person  who  Owns  stock  in  any  railroad  cor- 
poration in  this  State  or  elsewhere,  or  who  owns  stock 
in  any  public  utility  in  this  State,  or  who  is  employed 
by  any  such  railroad  corporation  or  public  utility, 
or  is  otherwise  pecuniarily  interested  in  either  such 
railroad  corporation  or  public  utility,  shall  be  ap- 
pointed upon  said  commission.  If  after  his  appoint- 
ment any  commissioner  shall  become  voluntarily  in- 
terested pecuniarily  in  any  such  railroad  corporation  or 
public  utility,  he  shall  be  removed  by  the  governor  and 
council,  as  for  malfeasance  in  office,  and  if  he  shall 
become  so  interested  otherwise  than  voluntarily  and 
shall  not  within  a  reasonable  time  immediately  there- 
after divest  himself  of  such  interest  he  shall  be  so  re- 
moved. 

(c)  The  governor  and  council  may  at  any  time  re- 
move any  commissioner  for  inefficiency,  neglect  of 
duty,  or  malfeasance  in  office,  but  no  such  commissioner 
shall  be  removed  without  a  hearing  after  reasonable 
notice  in   writing  of  the   charges   against   him. 

(d)  No  member  of  the  commission  shall  render 
any  professional  service  for  any  railroad  corporation  in 
this  or  any  other  State,  or  for  any  public  utility  in  this 
State,  or  act  as  attorney,  or  render  professional  service 
against  any  such  railroad  corporation  or  public  utility; 
nor  shall  he  be  a  member  of  a  firm  which  renders  any 
such  service;  nor  shall  he  directly  or  indirectly  be  a 
party  to  any  contract  with  any  such  railroad  corporation 
or  public  utility,  except  a  contract  for  the  transportation 
of  telephone  or  telegraph  messages,  or  of  passengers  or 
property,  or  a  contract  -for  the  purchase  of  water,  gas 
or  electricity  or  for  other  similar  services.  No  com- 
missioner shall  hold  any  national  or  other  State  oflJce 
of  profit  except  the  office  of  justice  of  the  peace  or 
notary  public.  If  any  commissioners  shall  violate  the 
provisions  of  this  paragraph  he  may  be  removed  by  the 
governor  and   council   as   for  malfeasance  in  office. 

(e)  The  annual  salary  of  the  chairman  shall  be 
$3,500,  that  of  the  clerk  $3,200,  and  that  of  the  other 
member  $3,000,  and  shall  be  paid  from  the  State  treasury 
in  equal  quarterly  payments. 

(f)  The  commission  may,  without  the  approval  of  the 
governor  and  council,  expend  not  exceeding  $4,000  an- 
nually, and  with  the  approval  of  the  governor  and  coun- 
cil such  further  sums  as  may  be  necessary,  in  employing 
stenographers,  experts,  accountants  and  others  whose 
assistance  it  may  require  in  the  performance  of  its  du- 
ties, as  prescribed  by  this  Act,  and  the  same  shall  be 
paid  from  the  treasury  of  the  State. 

(g)  The  commission  shall  be  provided  with  an  oflSco 
in  the  State  house,  in  which  its  records,  documents  and 
books  shall  be  kept,  and  with  a  suitable  room  in  which 
it  may  hold  any  hearing  authorized  by  the  terms  of  this 
Act. 

(h)  No  commissioner  shall  sit  upon  the  hearing  of 
any  question  which  the  commission  is  to  decide  in  a  ju- 
dicial capacity  who  would  be  qualified  for  any  cause, 
except  exemption  from  eervice,  to  act  as  a  juror  upon 
the  trial  of  the  same  question  between  the  same  parties 
In  an  action  at  law.  This  shall  not  be  construed  to  ap- 
ply to  inquests  in  accident  cases. 


894 


National  Association  of  Railway  Commissionebs 


I 


(i)  If  a  commissioner  shall  be  disqualified  or  unable 
to  act  in  any  particular  case  pending  before  the  commis- 
sion the  governor  upon  application  of  the  commission 
shall,  with  the  consent  of  the  council,  appoint  a  commis- 
sioner to  act  in  his  place  upon  said  case.  The  commis- 
sioner so  appointed  shall  be  paid  a  reasonable  compen- 
sation per  day  tor  his  services,  and  his  ■  necessary  ex- 
penses, to  be  allowed  by  the  governor  and  council  and 
paid   from  the   State   treasury-. 

(j)  The  commission  shall  have  an  official  seal  in 
such  form  as  the  commission  may  prescribe,  and  all 
copies  of  official  documents  and  orders  filed  or  deposited 
with  said  commission,  or  made  by  said  commission, 
certified  by  any  member  of  said  commission,  and  au- 
thenticated by  said  seal,  shall  be  received  in  evidence 
In   any   court   in   like   manner   as   originals. 

(k)  The  commission  shall  have  power  to  adopt  and 
publish  rules  to  govern  its  proceedings,  and  to  regulate 
the  mode  and  manner  of  all  investigations  and  hearings 
before  it^  and  all  hearings  shall  be  open  to  the  public. 
In  any  such  Investigation  or  hearing  the  commission 
shall  not  be  bound  by  the  technical  rules  of  evidence. 

(1)  The  commission  shall  have  power  to  subpoena 
witnesses  and  administer  oaths  to  witnesses  in  any 
proceeding  or  examination  instituted  before  it  or 
conducted  by  it,  and  to  compel  by  subpoena  duces 
tecum  the  production  of  any  accounts,  books, 
contracts,  records,  documents,  memoranda  and  papers 
of  any  kind  whatever.  Witnesses  summoned  be- 
fore the  commission  shall  be  paid  the  same  tees  as  wit- 
nesses summoned  to  appear  before  the  Superior  Court 
and  such  summons  issued  by  any  justice  of  the  peace 
shall  have  the  same  effect  as  though  Issued  for  appear- 
ance before  the  Superior  Court.  In  lieu  of  requiring 
production  of  originals  by  subpoena  duces  tecum  It 
may  require  sworn  copies  of  any  such  bcoks,  records,  con- 
tracts, documents  and  papers  or  parts  thereof  to  be 
filed  with  it.  The  commission  may  also  require  any  rail- 
road corporation  or  public  utility  to  make  specific  an- 
swers to  questions  upon  which  the  commission  may  need 
Information.  Witnesses  who  refuse  or  neglect  to  ap- 
pear, or  who  refuse  to  testify,  may  be  compelled  to  do 
so,  and  for  that  purpose  the  commission  may  apply 
to  any  justice  of  the  Superior  Court,  upon  proof  by 
aflfidavit  of  the  facts,  for  an  order  returnable  in  not 
more  than  five  days,  directing  any  person  so  refusing 
to  show  cause  before  the  justice  making  the  order 
or  any  other  justice  of  the  Superior  Court  why  he 
should  not  be  committed  as  for  contempt;  upon  the 
return  of  such  order,  the  justice  before  whom  the  mat- 
ter shall  come  for  hearing  shall  examine  under  oath 
such  person  whose  testimony  may  be  relevant,  and  such 
person  shall  be  given  an  opportunity  to  be  heard;  and 
If  the  justice  shall  determine  that  such  person  has  re- 
fused without  reasonable  cause  or  legal  excuse  to  be 
examined  or  to  answer  a  legal  and  pertinent  question,  or 
to  produce  a  book  or  paper  which  he  was  ordered  to 
bring,  he  may  forthwith  commit  the  offender  as  for 
contempt,  so  to  remain  until  he  submits  to  do  the  act 
which  he  was  so  required  to  do  or  is  discharged  accord- 
ing to  law. 

(m)  No  person  shall  be  excused  from  testifying 
or  from  producing  any  book  or  paper  in  any  investiga- 
tion or  Inquiry  by  or  upon  any  hearing  before  the  com- 
mission when  ordered  to  do  so  by  the  commission,  upon 
the  ground  that  the  testimony  of  evidence,  book  or 
document  required  of  him  may  tend  to  Incriminate  him 
or  subject  him  to  penalty  or  forfeiture,  but  no  person 
shall  be  prosecuted,  punished  or  subjected  to  any  pen- 
alty or  forfeiture  for  or  on  account  of  any  act,  transac- 
tion, matter  or  thing  concerning  which  under  oath,  after 
claiming  his  privilege,  he  shall  by  order  of  the  commis- 
sion have  testified  or  produced  documentary  evidence; 
provided,  however,  that  no  person  so  testifying  shall  be 
exempt  from  prosecution  or  punishment  for  any  perjury 
committed  by  him  in  his  testimony.  Nothing  herein 
contained  Is  intended  to  give,  or  shall  be  construed  as 
In  any  manner  giving  to  any  corporation  immunity  of 
any  kind. 

(n)  The  commission  may  confer  by  correspondence, 
or  otherwise,  with  the  public  service  commission  or  rail- 
road commission  of  any  other  State  and  with  the  Inter- 
state Commeice  Commission  of  the  United  States  on  any 


I 


matters   relating  to   railroad   corporations  or   public   util- 
ities. 

Powers  and  duties.  §  3.  (a)  All  the  powers  and  duties 
imposed  and  conferred  upon  the  board  of  railroad  com- 
missioners under  existing  laws,  except  in  so  far  as  in- 
consistent with  the  powers  and  duties  imposed  by  this 
Act,  are  hereby  imposed  and  conferred  upon  the  public 
service  commission  created  by  this  Act,  and  all  proceed- 
ings and  appeals  which  under  existing  laws  are  required 
to  be  brought  before  the  board  of  railroad  commissioners 
shall  hereafter  be  brought  before  said  commission,  it 
being  the  intent  hereof  to  substitute  said  public  service 
commission  with  all  the  powers  and  duties  imposed 
upon  the  same  by  this  Act  in  the  place  of  said  board 
of  railroad  commissioners;  provided,  however,  that  the 
powers  and  duties  of  the  board  of  railroad  commissioners 
shall  continue  to  be  exercised  by  that  board  till  June 
1,  1911,  until  which  date  said  board  of  railroad  commis- 
sioners now  in  office  shall  continue  to  serve  at  their 
present  salary,  and  on  which  date  the  powers  of  said 
board   shall  terminate  and   said  board  shall  be  abolished. 

(b)  On  June  1,  1911,  the  board  of  railroad  commis- 
sioners shall  transfer  and  deliver  to  the  public  service 
commission  appointed  under  the  provisions  of  this  A3t 
all  books,  maps,  papers,  files,  and  records  of  whatever 
description  in  its  possession. 

(c)  The  passage  of  this  Act  shall  not  affect  pendii  g 
actions  or  proceedings,  but  all  actions  and  proceedings 
pending  before  the  Supreme  Court  under  the  provisions 
of  §  §  18,  19  and  20  of  chapter  156  of  the  Public  Stft- 
utes,  or  before  the  board  of  railroad  commissioners  <  n 
June  1,  1911,  shall  thereafter  be  acted  upon  and  det«  r- 
rnlned  by  the  public  service  commission  in  all  respec  s 
as  if  said  actions  and  proceedings  had  been  original  y 
instituted  before  said   commission. 

Duty  of  railroads  and  public  utilities.     §  4.     Every 
road  corporation  and  every  public  utility  shall  furnish  si 
service    and    facilities    as    shall    be    reasonably    safe 
adequate    and    in    all    respects   just    and    reasonable,     i 
charges   made   or   demanded   by   any   railroad   corporatii 
for  the  transportation   of   passengers  or  property,  or  f  >i 
any  service  rendered  or  to  be  rendered  in  connection  thei  9-' 
with   and   all   charges   made   or   demanded   by  any  publi 
utility    for    the    transmission    of    telephone    or    telegraj 
messages    or   for   gas,   electricity   or   water,   or   any   SM 
ice  rendered  or  to  be   rendered  in   connection   therewB 
shall   be   just   and   reasonable   and   not   more   than   Is  I 
lowed    by   law    or    by   order   of   the    commission.     Eve 
charge    that   Is    unjust   or   unreasonable   or    in    excess    }i 
that  allowed  by  law  or  by  order  of  the  commission  is  || 
hibited.  1 

Additional  powers  of  commission.  §  5.  (a)  The  co  n-' 
mission  shall  have  the  general  supervision  of  all  railro  id 
corporations,  railroads,  public  utilities  and  the  plarts 
owned,  operated  or  controlled  by  the  same,  as  far  is 
necessary  to  carry  into  effect  the  provisions  of  this  At. 

(b)  The    said    commission    shall    have    power   and    it 
shall    be    Its    duty    to    keep   informed    as    to    all    railro  id 
corporations     in     the     State,     their     capitalization,     th<  ir 
franchises,  and  the  manner  in  which  the  lines  and  pre  p- 
erty    controlled    or   operated    by   them    are    managed    aid 
operated,  not  only  with  respect  to  the  adequacy  and  i  c- 
commodation    afforded    by    their    service,    but    also    with 
respect  to   their  compliance   with  all   provisions  of  law^ 
orders    of    the    commission     and     charter    requiremei^B 
The    commission    shall    have    power    either    through  f^H 
members   or   duly    authorized   experts,   to   inspect   any  SB 
the  property,  or  equipment,  books  or  records  of  any  such 
railroad    corporations,    including    the    right    for    such     n- 
spection    purpose    to    ride   upon    any    locomotive   or   trj  in 
while    In    service,    and    to    have    upon    reasonable    notce 
a   special    locomotive    and    inspection   car   for   a   physi<  al 
inspection    once   annually    of    all    the    lines    and    stations 
of  each  railroad  corporation  in  the  State. 

(c)  Said  commission  shall  likewise  have  power  to 
Investigate  and  ascertain,  from  time  to  time,  the  quality 
of  gas  supplied  by  public  utilities  and  the  methods  em- 
ployed by  such  public  utilities  In  manufacturing  or  sup- 
plying gas  or  electricity  for  light,  heat  or  power,  or  in 
transmitting  telephone  and  telegraph  messages,  or  sup- 
plying water,  and  after  notice  and  hearing  thereon  shall 
have  power  to  order  all  reasonable  and  just  improve- 
ments and  extensions  in  service  or  methods. 


Public  Service  Laws 


895 


May  prescribe  system  of  accounts  and  records.  §  6.  The 
commission  may  wlienever  it  deems  advisable  estab- 
lisli  a  system  of  accounts  and  records  to  be  used  by 
railroad  corporations  and  by  public  utilities  for  their 
business  within  this  State  and  may  classify  the  said  rail- 
road corporations  and  public  utilities  and  prescribe  a 
system  of  accounts  for  each  class,  and  may  prescribe 
the  manner  in  which  said  accounts  shall  be  kept;  pro- 
vided, however,  that  railroad  corporations  and  public 
utilities  shall  not  be  required  to  keep  any  system  of 
accounts  and  records  which  would  conflict  with  any  re- 
quirements made  of  them  by  the  Interstate  Commerce 
Commission. 

Rates  to  6e  filed — Change  in  rate,  notice  and  investiga- 
tion of — Preferential  rates  prohibited — Conveyance  of  elec- 
tric energy  outside  State.  §  7.  (a)  Every  railroad  corpo- 
ration and  public  utility  shall  file  with  the  commission,  and 
shall  print  and  keep  open  to  public  inspection,  schedules 
showing  the  rates,  fares,  charges  and  prices  for  the 
transportation  of  passengers  and  property  or  for  any 
service  rendered  or  to  be  rendered,  in  such  places,  within 
such  time,  and  in  such  form,  and  with  such  detail  as 
the  commission  may  order. 

(b)  Unless  the  commission  otherwise  orders,  no 
change  shall  be  made  in  any  rate,  fare,  charge  or  price, 
which  shall  have  been  filed  and  published  by  a  railroad 
corporation  or  public  utility  in  compliance  with  the  re- 
quirements of  this  section  except  after  30  days'  notice  to 
the  commission  and  such  notice  to  the  public  as  the  com- 
mission within  10  days  after  receipt  of  the  notice 
aforesaid  shall  direct.  In  the  case  of  railroad  corpora- 
tions and  public  utilities  subject  to  regulation  by  the 
Interstate  Commerce  Commission,  the  requirements  rela- 
tive to  the  filing  of  schedules  with  the  commission  and 
to  the  publication  thereof  shall  conform  as  nearly  as 
may  be  to  the  requirements  of  the  Interstate  Commerce 
Commission  under  the  provisions  of  the  Act  of  congress 
entitled  "An  Act  to  Regulate  Commerce,"  and  the  Acts 
amendatory   thereof   and    supplementary   thereto. 

(c)  Whenever  any  schedule  shall  be  filed  with  the 
commission  under  paragraph  (b)  of  this  section  stating 
new  and  higher  rates,  fares,  charges  or  prices,  which 
the  railroad  corporation  or  public  utility  filing  the  same 
purposes  to  put  into  force,  the  commission  may  investi- 
gate the  reasonableness  of  such  proposed  rates,  fares, 
charges  or  prices.  Pending  any  such  investigation  and 
the  decision  thereon,  the  commission  shall  have  power, 
by  an  order  served  upon  the  railroad  corporation  or  pub- 
lic utility  affected,  to  suspend  said  schedule,  and  to  for- 
bid the  demanding  or  collecting  of  the  rates,  fares,  charges 
or  prices,  covered  by  the  schedule  for  such  period  or  pe- 
riods not  to  exceed  six  months  in  all  as  in  the  judgment 
of  the  commission  may  be  necessary  for  such  investi- 
gation. 

(d)  No  railroad  corporation  or  public  utility  shall 
make  or  give  any  undue  or  unreasonable  preference  or 
advantage  to  any  person  or  corporation  or  to  any  lo- 
cality or  to  any  particular  description  of  service  in  any 
respect  whatsoever,  or  subject  any  particular  person  or 
corporation  or  locality  or  any  particular  description  of 
service  to  any  undue  or  unreasonable  prejudice  or  dis- 
advantage in  any  respect  whatsoever;  provided,  how- 
ever, that  the  provisions  of  this  section  shall  not  be 
taken  to  require  absolute  uniformity  in  the  charges 
made  and  demanded  by  public  utilities  when  the  cir- 
cumstances render  any  lack  of  uniformity  reasonable  or 
be  taken  to  prevent  telephone,  telegraph  and  cable  compa- 
nies from  entering  into  contracts,  subject  to  the  approval 
of  the  commission,  with  common  carriers  for  the  ex- 
change of  services  or  to  affect  existing  contracts  re- 
lating thereto;  and  provided,  further,  that  said  provisions 
shall  not  be  taken  to  prohibit  a  public  utility  from  es- 
tablishing differential  rates  or  a  sliding  scale  for  tho 
automatic  adjustment  of  such  charges  if  said  rates  or 
sliding  scale,  subject  to  the  approval  of  the  commis- 
sion, shall  be  reasonable  and  just. 

(e)  No  corporation  engaged  in  the  generation  of 
electrical  energy  by  water  power  shall  engage  in  the 
business  of  transmitting  or  conveying  the  same  beyond 
the  confines  of  the  State  unless  it  shall  first  file  notice 
of  its  intention  so  to  do  with  the  public  service  commis- 
sion and  obtain  an  order  of  said  commission  permitting 
it  to  engage  in  such  business.     The  commission  may  of 


its  own  motion  or  on  an  application  of  any  person,  in- 
vestigate or  make  inquiry,  in  a  manner  to  be  determined 
by  it,  as  to  the  existence  of  an  available  market  at 
fair  rates  within  the  State;  and  if  it  shall  find  that 
such  a  market  does  not  exist  within  a  reasonable  dis- 
tance of  the  ixjwer  development,  it  may  make  an  order 
granting  such  permission  and  may  impose  the  conditiott 
that  consumers  within  the  State  shall  be  furnished  serv- 
ice by  said  corporation  upon  terms  as  favorable  as  shall 
be  granted  to  consumers  outside  the  State,  having  due 
regard  to  all  facts  and  conditions  which  may  affect 
said  subject;  provided,  however,  that  nothing  in  this 
paragraph  shall  apply  to  corporations  now  engaged  in 
the  business  of  transmitting  such  electrical  energy  to 
any  place  outside  the  State,  but  any  addition  to  such, 
energy  generated  from  any  water  power  except  such  as 
it  may  be  using  in  connection  with  such  business  at  the 
date  of  the  passage  of  this  Act,  shall  come  under  the 
provisions  of  this  paragraph;  provided,  further,  that  the 
provisions  of  this  jjaragraph  shall  not  apply  to  the  trans- 
mitting of  electrical  energy  generated  from  water  powers 
upon  the  Connecticut  river;  nor  shall  they  prevent  any 
railroad  corporation  doing  business  in  this  State  from 
transmitting  electrical  energy  beyond  the  confines  of  the 
State  for  the  purpose  of  operating  its  road  between 
some  point  in  this  State  and  any  point  or  points  outside 
the  State. 

Reports  to  commission — Neglect  to  file,  penalty.  §  8. 
(a)  Every  railroad  corporation  and  public  utility  shall  file 
with  the  commission  reports  at  such  times,  verified  by 
oath  in  such  manner,  and  setting  forth  such  statistics 
and  facts  as  may  be  required  by  the  commission.  In  the 
case  of  railroad  corporations  annual  reports  shall  con- 
form as  nearly  as  may  be  to  those  required  of  common 
carriers  by  the  Interstate  Commerce  Commission  under 
the  provisions  of  the  Act  of  Congress  entitled,  "An  Act 
to  Regulate  Commerce,"  and  the  Acts  amendatory  there- 
of and   supplementary  thereto. 

(b)  If  any  railroad  corporation  or  public  utility  shall 
neglect  or  refuse  to  make  and  file  any  report  within  a 
time  specified  by  the  commission,  or  shall  neglect  or 
refuse  to  make  specific  answer  to  any  question  lawfully 
asked  by  the  commission,  such  railroad  corporation  or 
public  utility  shall  forfeit  to  the  State  the  sum  of  $100 
for  each  and  every  day  it  shall  continue  to  be  in  default 
with  respect  to  such  report  or  answer,  unless  it  shall 
be  excused  by  the  commission  from  making  such  report 
or  answer  or  the  time  for  making  the  same  shall  be  ex- 
tended   by    the   commission. 

Distribution  of  freight  cars,  etc.  §  9.  The  commission 
shall  have  the  power  to  make  reasonable  regulations  for 
the  furnishing  and  distribution  of  freight  cars  to  ship- 
pers, for  the  switching  of  the  same,  for  the  loading  and 
unloading  thereof,  for  reciprocal  demurrage  charges  in 
respect  thereto,  and  for  the  weighing  of  cars  and  prop- 
erty offered  for  shipment  or  transportation  by  any  com- 
mon  carrier. 

Complaints,  how  made  and  investigated— Complaints  by 
municipal  officers.  §10.  (a)  Any  person  may  make  com- 
plaint to  the  commission  by  petition  setting  forth  in  writing 
any  thing  or  act  claimed  to  be  done  or  omitted  to  be 
done  by  any  railroad  corporation  in  violation  of  any  pro- 
vision of  law  or  of  the  terms  and  conditions  of  its 
franchises  or  charter  or  of  any  order  of  the  commission. 
Thereupon  the  commission  shall  cause  a  copy  of  said 
complaint  to  be  forwarded  to  the  railroad  corporation 
complained  of,  which  may  be  accompanied  by  an  order, 
requiring  that  the  matters  complained  of  be  satisfied,  or 
that  the  charges  be  answered  in  writing  within  a  time 
to  be  specified  by  the  commission.  If  the  railroad  corpo- 
ration complained  of  shall  make  reparation  for  any 
Injury  alleged  and  shall  cease  to  commit,  or  to  permit 
the  violation  of  law,  franchise  or  order  charged  in  the 
complaint,  and  shall  notify  the  commission  of  that  fact 
before  the  time  allowed  for  answer,  the  commission  shall 
not  be  required  to  take  any  further  action  upon  the 
charges.  If,  however,  said  charges  be  not  thus  satis- 
fled,  and  it  shall  appear  to  the  commission  that  there 
are  reasonable  grounds  therefor,  it  shall  investigate 
such  charges  in  such  manner  and  by  such  means  as  it 
shall  deem  proper,  and  after  notice  and  hearing  take 
such  action  within  its  power  as  the  facts  justify. 


896 


National  Association  of  Railway  Commissioners 


(b)  The  commission  may,  of  its  own  motion,  inves- 
tigate or  make  inquiry,  in  a  manner  to  be  determined 
by  it,  as  to  any  act  or  thing  done  or  omitted  to  be  done 
by  any  railroad  corporation  or  public  utility,  and  the 
commission  shall  make  such  inquiry  in  regard  to  any 
act  or  thing  done  or  omitted  to  be  done  by  any  such 
railroad  corporation  or  public  utility  in  violation  of  any 
provision  of  law  or  order  of  the  commission. 

(c)  Upon  complaint  made  by  the  city  council,  or  city 
councils  of  any  city,  or  by  the  mayor  of  any  city,  or 
by  the  selectmen  of  any  town  in  which  a  public  utility 
Is  authorized  to  manufacture,  sell  or  supply  gas  or  elec- 
tricity for  heat,  light  or  power,  or  to  supply  water,  or 
to  transmit  telephone  or  telegraph  messages,  or  upon 
the  complaint  in  writing  of  not  less  than  100  cus- 
tomers or  subscribers  of  such  public  utility  in  cities  of 
30,000  or  more  inhabitants,  or  of  not  less  than  50  in 
cities  of  20,000  or  more  inhabitants,  or  of  not  less  than 
25  in  any  other  city  or  town,  or  upon  petition  of  a 
public  utility  supplying  said  gas,  electricity  or  water,  or 
transmitting  such  messages,  as  to  the  quality  of  the 
service  furnished  by  such  public  utility,  or  the  charges 
made  therefor,  or  that  such  charges  as  insufficient,  the 
commission  shall  investigate  as  to  the  cause  for  such 
complaint.  It  may  personally  or  by  Us  experts  inspect 
the  works,  system,  plant,  devices,  appliances  and  methods 
used  by  such  public  utility  in  manufacturing  and  supply- 
ing such  gas,  electricity  or  water,  or  transmitting  such 
messages,  and  may  examine  or  cause  to  be  examined 
the  books  and  papers  of  such  public  utility  pertaining 
to  the  service  complained  of. 

Fixing  railroad,  rates  —  Reconstruction  of  railroads — 
Determining  reasondile  charges — Period  of  rates  to  be 
specified.  §  11.  (a)  Whenever  the  commission  shall  be  of 
opinion,  after  hearing  had  upon  its  own  motion  or  upon 
a  complaint,  that  the  rates,  fares  or  charges  demanded  or 
collected  or  proposed  to  be  demanded  or  collected  by 
any  railroad  corporation  for  the  transportation  of  persons 
or  property  within  the  State  are  unjust  or  unreasonable 
or  that  the  regulations  or  practices  of  such  railroad  cor- 
poration affecting  such  rates  are  unjust  or  unreasonable, 
or  in  any  wise  in  violation  of  any  provision  of  law, 
or  that  the  maximum  rates,  fares  or  charges,  chargeable 
by  any  such  railroad  corporation  are  insufficient,  the  com- 
mission shall  determine  the  just  and  reasonable  rates, 
fares,  and  charges  to  be  thereafter  observed  and  in 
force  as  the  maximum  to  be  charged  for  the  service  to 
be  performed,  and  shall  fix  the  same  by  order  to  be 
served  upon  all  railroad  corporations  by  which  such 
rates,  laics  and  charges  are  thereafter  to  be  observed; 
provided,  however,  that  when  any  railroad  corporation 
shall  seek  the  benefit  of  any  order  of  the  commission  al- 
lowing said  railroad  corporation  to  charge  and  collect 
rates  higher  than  charged  at  the  time  said  order  is 
asked  for,  the  burden  of  proving  the  necessity  of  the 
increase  shall  be  upon  said  railroad  corporation,  and 
provided,  further,  that  the  commission  shall  not  allow  an 
Increase  above  any  rate  prescribed  or  limited  by  statute. 

(b)  Whenever  the  commision  shall  be  of  the  opinion, 
after  a  hearing,  had  upon  its  own  motion  or  upon  com- 
plaint, that  any  part  of  any  railroad  within  the  State, 
reasonably  requires  alteration  or  reconstruction,  or  that 
the  regulations,  practices,  equipment,  appliances,  or 
service  of  any  railroad  corporation  in  respect  to 
transportation  of  persons  or  property  within  the 
State,  are  unjust,  unreasonable,  unsafe,  improper 
or  inadequate  the  commission  shall  notify  the 
railroad  in  writing  of  its  opinion  and  recommendations  in 
respect  thereto  and  shall  insert  in  their  next  report  to 
the  governor  and  council  an  account  of  their  proceedings 
and  recommendations.  If  the  railroad  shall  unreasonably 
neglect  or  refuse  to  adopt  the  recommendations  of 
said  commission,  the  commission  may  make  an  order 
as  hereinafter  prescribed  In  cases  affecting  the  public 
safety.  In  any  case  where  the  safety  of  the  public  or 
of  the  employes  of  such  railroad  is  concerned,  the  com- 
mission may  in  the  first  instance  determine  the  recon- 
struction or  alteration  reasonably  required  or  the  just 
reasonable,  safe,  adequate  and  proper  regulations,  prac- 
tices, equipment,  applicances  and  service  thereafter  to 
be  in  force,  or  to  be  provided,  and  shall  fix  and  pre- 
scribe the  same  by  order  to  be  served  upon  every  rail- 
road   corporation    to    be    bound    thereby;    and    thereafter 


it  shall  be  the  duty  of  every  such  railroad  corporation  to 
observe  and  obey  each  and  every  requirement  of  every 
such  order  so  served  upon  it,  and  to  do  everything  nec- 
essary or  proper  in  order  to  secure  absolute  compliance 
with,  and  observance  of  every  such  order  by  all  of  its 
officers,  agents  and  employes. 

(c)  Whenever  the  commission  shall  be  of  the  opin- 
ion after  a  hearing  had  on  its  own  motion  or  upon  a 
complaint  that  any  public  utility  is  demanding  or  collect- 
ing, or  proposes  to  demand  or  collect  charges  unjustly- 
or  unreasonably  high,  or  upon  petition  that  the  charges 
are  insufficient,  the  commission  shall  determine  the  just 
and  reasonable  charges  .and  may  by  order  fix  the  maxi- 
mum price  to  be  charged;  provided,  however,  that  wlien 
any  public  utility  shall  seek  the  benefit  of  an  order  of 
the  commission  allowing  said  public  utility  to  demand 
and  collect  charges  higher  than  have  been  before 
charged,  or  than  have  been  before  allowed  by  order  of 
the  commission,  the  burden  of  proving  the  necessity  of 
the  increase   shall  be  upon  said  public  utility. 

(d)  The  rates,  fares  and  charges  fixed  and  allov.ed 
by  the  commission  to  be  charged  and  collected  by  iiny 
railroad  corporation  and  the  charges  allowed  by  it  to 
be  charged  by  any  public  utility  shall  be  the  raies, 
fares,  charges  or  prices  to  be  charged  by  the  railroad 
corporation  or  by  the  public  utility  affected  by  the  or  ier 
of  the  commission  fixing  the  same  for  such  period  of 
time  not  exceeding  two  years,  as  shall  be  prescrilied 
in  the  order  of  the  commission,  unless  the  same  si  all 
be  suspended  or  set  aside  by  a  court  of  competent 
jurisdiction.  Nothing  herein  contained  shall  prevent  a 
public  utility  at  any  time  from  entering  into  a  contr  ict 
with  a  customer  for  a  period  exceeding  two  years  at 
rates  then  lawful. 

Railroad  extensions,  authority  for — Leases,  etc..  to  be 
approved.  §  12.  (a)  Without  first  having  obtained  he 
permission  of  the  commission  no  railroad  corporat  on 
shall  begin  the  construction  of  an  extension  of  its  r  lil- 
road  or  of  any  branch  thereof,  and  the  commission  si  all 
grant  such  permission  whenever,  after  due  heari  ig,- 
It  shall  determine  that  such  construction  or  extens  on 
would  be  for  the  public  good  and  not  otherwise.  If  he 
petition  shall  be  granted,  the  railroad  corporation  si  ill 
file  in  the  office  of  the  secretary  of  State  a  copy  of  ha 
petition  and  of  the  order  of  the  commission  there  m. 
Authority  granted  under  the  provisions  of  this  sect  on 
may  only  be  exercised  within  two  years  after  the  sa  ae 
is    granted;    and    shall   not   be    exercised   thereafter. 

(b)  No  franchise  nor  any  right  to  or  under  any  fr  n- 
chise,  to  own  or  operate  a  railroad  shall  be  assign  'd, 
transferred  or  leased,  nor  shall  any  contract  or  agi  ce- 
ment with  reference  to  or  affecting  any  such  franch  se 
or  right  be  valid  or  of  any  force  or  effect  whatsoe^  er^ 
unless  the  assignment,  transfer,  lease,  contract  or  agjij 
meht  shall  have  been  approved  by  the  commission. 

Public  utilities  to  he  approved — Transfers  and  leasi 
Acquisition  of  securities  of  other  companies  —  Additio  lal 
rights,  hoio  acquired.  §  13.  (a)  No  public  utility  si  all 
commence  within  this  State  the  business  of  transmiss  on 
of  telephone  or  telegraph  messages  or  of  supplying  he 
public  with  gas,  electricity  or  water,  or  shall  eng:  ge 
In  such  business  or  begin  the  construction  of  a  pi;  nt, 
line,  main  or  other  apparatus  or  appliance  intended  to 
be  used  therein  in  any  city  or  town  in  which  at  he 
time  it  shall  not  already  be  engaged  in  such  busim  ss, 
or  shall  exercise  any  right  or  privilege  under  any  fiin-- 
chise  hereafter  granted  (or  any  franchise  heretofire 
granted  but  not  heretofore  actually  exercised)  in  such 
town,  without  first  having  obtained  the  permission  ;  nd 
approval  of  the  commission.  The  commission  si  all 
grant  such  permission  whenever  it  shall,  after  ilue 
hearing,  determine  and  find  that  such  engaging  in  bisl- 
ness,  such  construction  or  such  exercise  of  the  rifht, 
privilege  or  franchise  would  be  for  the  public  good 
and  not  otherwise;  and  may  prescribe  such  terms  and 
conditions  upon  the  exercise  of  the  privilege  granted 
under  such  permission  as  it  shall  consider  for  the  puljllc 
interest.  Authority  granted  under  the  provisions  of  this 
section  may  only  be  exercised  within  two  years  alter 
the  same  shall  be  granted  and  shall  not  be  exercised 
thereafter. 

(b)  No  public  utility  shall  transfer  or  lease  its 
franchise,    works   or   system    or   any   part  of   such  fran- 


i 


PuuLic  Service  Laws 


897 


chise,  works  or  system  exercised  or  located  in  tliis 
State  to  any  other  person  or  corporation  or  contract 
for  the  operation  of  its  works  and  system  located  in  this 
State  until  the  commission  shall  make  an  order  assenting 
thereto. 

(c)  No  public  utility  shall  directly  or  indirectly 
acquire  the  stocks  or  bonds  of  any  other  corporation 
Incorporated  in  or  doing  business  in  this  State  and  en- 
gaged or  preparing  to  engage  in  the  same  or  a  similar 
business  unless  authorized  to  do  so  by  order  of  the 
commission;  provided,  however,  that  nothing  in  this 
Act  shall  in  any  manner  prevent  a  public  utility  being 
in  fact  the  owner  at  the  time  of  tlie  passage  of  this 
Act  of  the  majority  of  the  capital  stock  of  any  other 
public  utility  or  leasing  or  operating  such  other  public 
utility  from  acquiring  the  balance  or  all  of  the  outstanding 
capital  stock  of  such  other  public  utility  a  majority  of 
which  stock  is  so  owned  or  which  is  so  leased  or  operated. 
Every  contract,  assignment,  transfer,  or  agreement  for 
transfer  of  any  stock  by  or  through  any  person  or  cor- 
poration to  any  corporation  in  violation  of  any  pro- 
vision of  this  section  shall  be  void  and  of  no  effect,  and 
no  such  transfer  or  assignment  shall  be  made  upon  the 
books  of  any  public  utility,  or  shall  be  recognized  as  ef- 
fective for  any   purpose. 

(d)  Whenever  it  is  necessary,  in  order  to  meet  the 
reasonable  requirements  or  service  to  the  public  that  any 
railroad  corporation  or  public  utility  subject  to  supervision 
under  this  Act,  should  construct  a  line,  branch  line,  ex- 
tension or  a  pipe-line,  conduit,  line  of  poles,  towers  or 
wires  across  the  land  of  any  other  person  or  corporation, 
or  should  acquire  land  for  necessary  extension  of  any 
plant  or  works  operated  by  such  railroad  corporation  or 
public  utility,  and  such  railroad  corporation  or  public 
utility  cannot  agree  with  the  owner  or  owners  of  such 
land  as  to  the  necessity  or  the  price  to  be  paid  therefor, 
such  railroad  corporation  or  public  utility  may  petition 
the  commission  for  such  rights  and  easements  or  for 
permission  to  take  such  lands  as  may  be  needed  for 
said  purposes.  Said  commission  shall,  upon  due  notice 
to  all  parties  in  interest,  hear  and  determine  the  neces- 
sity for  the  right  prayed  for  and  the  compensation  to 
be  paid  therefor,  and  shall  render  judgment  accordingly. 
In  the  case  of  railroad  corporations  the  proceedings  in 
said  matters  shall  be  as  is  provided  in  chapter  158  of 
the  Public  Statutes  relating  to  taking  for  railroad  pur- 
poses; and  any  party  aggrieved  shall  have  the  same 
rights  of  appeal  as  are  therein  provided.  In  the  case 
of  a  public  utility,  the  petition  shall  set  out  the  title  and 
the  description  of  the  land  involved,  the  rights  to  be 
taken  therein  and  the  public  use  for  which  the  same  are 
desired,  and  the  petition  and  final  decree  thereon  shall 
be  recorded,  if  said  petition  shall  be  granted,  in  the 
registry  of  deeds  in  the  county  or  counties  in  which  the 
real  estate  affected  thereby  is  located;  any  party  ag- 
grieved by  the  order  of  the  commission  awarding  dam- 
ages may  within  60  d'ays  after  the  entry  of  the  order  and 
not  afterwards  file  in  the  Superior  Court  of  the  county  in 
which  the  land  is  located  a  petition  to  have  the  damages 
assessed  by  a  jury,  upon  which  petition  order  of  notice 
shall  issue  and  after  the  order  of  notice  has  been  com- 
plied with  the  court  shall  assess  such  damages  by  jury. 

Issue  of  stock  and  hands  regulated — For  what  purposes 
permitted — Sale  of  new  stock  to  shareholders — Sale  hy  auc- 
tion. §  14.  (a)  No  railroad  corporation  or  public  utility 
shall  issue  any  stock,  bonds,  notes  or  other  evidence  of 
indebtedness  payable  more  than  12  months  after  the  date 
thereof,  without  first  procuring  an  order  of  the  commis- 
sion authorizing  the  same.  Upon  petition  of  the  directors 
of  a  railroad  corporation  or  public  utility  the  commission 
shall,  after  public  notice  and  hearing,  determine  the 
amount  of  stock  or  bonds  which  in  its  opinion  is  reason- 
ably requisite  for  the  purposes  for  which  the  issue  is  to 
be  made,  and  shall  within  30  days  after  final  hearing 
upon  such  petition  file  in  the  office  of  the  secretary  of 
State  a  certificate  setting  out  the  amount  of  the  increase 
which  it  has  authorized,  and  the  purposes  for  which  the 
proceeds  of  such  new  stock  or  bonds  may  be  used.  No 
railroad  corporation  or  public  utility  shall  apply  the  pro- 
ceeds of  any  stock,  bonds  or  notes  to  any  other  purpose 
than  those  specified  in  the  order  of  the  commission  au- 
thorizing the  issue  of  the  same.  Every  railroad  corpora- 
tion   and    public    utility    issuing    stocks,    bonds    or    other 


evidence  of  indebtedness  subject  to  the  provisions  of  this 
section  shall  file  with  the  commission  an  account  show- 
ing in  such  detail  as  the  commission  shall  require  the  dis- 
position of  the  proceeds  of  such  issue;  provided,  however, 
that  no  public  utility  or  railroad  corporation  not  owning, 
operating  or  maintaining  a  railroad  within  this  State, 
subject  to  tlie  provisions  of  this  Act  shall  be  required  to 
apply  to  the  commission  for  authority  to  issue  stocks, 
bonds,  notes  or  other  evidence  of  indebtedness  except 
for  the  acquisition  of  property,  the  construction,  com- 
pletion, extension  or  improvement  of  its  facilities  or  the 
improvement  or  maintenance  of  its  service  within  this 
State,  or  the  discharge  or  refunding  of  its  obligations 
or  reimbursement  of  moneys  actually  expended  tor  such 
purposes. 

(b)  A  railroad  corporation  for  the  purpose  of  build- 
ing a  branch  or  extension  of  its  railroad;  or  of  aiding  in 
the  construction  of  another  railroad;  or  of  taking  stock 
in  an  elevator  corporation  and  erecting  and  operating 
elevators  upon  its  own  road  and  upon  those  leased  to 
or  operated  by  it;  or  of  building  depots  or  of  abolishing 
grade  crossings  or  of  building  or  purchasing  i)ower 
houses,  shops  or  other  structures  and  machinery  or  equip- 
ment for  the  same;  or  of  making  permanent  improve- 
ments or  additions  to  its  plant,  rolling  stock  or  appliances; 
or  of  .purchasing  the  shares  of  the  capital  stock  of  any 
railroad  corporation  whose  railroad  property  is  leased  to 
or  operated  by  it,  or  of  any  other  railroad  corporation  a 
majority  of  the  capital  stock  of  which  is  owned  by  the 
purchasing  road;  or  of  paying  or  refunding  its  funded 
debt,  or  of  paying  floating  indebtedness  or  money  bor- 
rowed, where  such  debt  or  indebtedness  was  created  or 
the  money  used  for  any  of  the  purposes  hereinbefore 
enumerated,  may  from  time  to  time,  with  the  authority 
of  the  commission  as  herein  provided,  increase  its  capital 
stock  or  bonds  beyond  the  amounts  fixed  and  limited  by 
its  articles  of  association  or  its  charter,  or  by  any  Act 
of  the  general  court;  provided,  that  such  increase  shall 
first  be  authorized  by  the  vote  of  a  majority  of  the  stock- 
holders present  at  any  meeting  of  the  corporation  duly 
called   for  that  purpose. 

(c)  Whenever  a  railroad  corporation  or  public  utility 
shall  increase  its  capital  stock  it  shall,  except  as  here- 
inafter provided,  offer  the  new  shares  proportionately 
to  its  stockholders  at  such  price  not  less  than  the  par 
value  thereof  as  shall  have  been  determined  by  its  stock- 
holders in  their  vote  for  the  issue  of  the  same.  The 
directors  shall  cause  written  notice  of  the  increase  in 
capital  stock  to  be  given  to  each  stockholder  of  record 
upon  the  books  of  the  corporation  at  the  date  designated 
by  the  directors  at  a  meeting  following  the  order  of  the 
commission  authorizing  the  issue,  which  notice  shall  state 
the  amount  of  the  increase,  the  number  of  shares  or 
fractions  of  shares  to  which  the  stockholder  is  entitled, 
the  price  at  which  he  is  entitled  to  take  them,  and  shall 
fix  a  time  not  less  than  15  days  after  the  date  so  desig- 
nated by  the  directors  within  which  he  may  subscribe 
therefor.  Each  stockholder  may  within  the  time  so  lim- 
ited subscribe  for  his  proportion  of  the  new  stock  which 
shall  be  paid  for  in  cash  before  the  issue  of  a  certificate. 
The  determination  by  the  commission  of  the  amount  of 
stock  reasonably  requisite  for  the  purpose  for  which  the 
issue  is  made  shall  be  based  upon  the  price  at  which 
such  stock  is  to  be  offered  to  stockholders  as  fixed  by  the 
vote  of  the  stockholders;  provided,  however,  that  the  com- 
mission shall  refuse  to  authorize  any  particular  issue  of 
stock  if  in  its  opinion  the  price  fixed  by  the  stockholders 
is  so  low  as  to  be  inconsistent  with  the  public  interests. 

(d)  When  an  increase  in  capital  stock  does  not  ex- 
ceed 4  per  cent  of  the  existing  capital  stock  of  the  corpo- 
ration the  directors  may,  without  first  offering  the  same  to 
the  stockholders,  sell  the  new  shares  by  public  auct.'on 
to  the  highest  bidder  at  not  less  than  par  value  to  be 
actually  paid  in  cash.  If  after  the  expiration  of  the  notice 
to  stockholders  hereinbefore  provided  any  shares  of  the 
new  issue  of  stock  remain  unsubscribed  by  stockholders 
entitled  to  take  them,  the  directors  shall  sell  the  same  by 
public  auction  to  the  highest  bidder  at  not  less  than  par 
value  to  be  actually  paid  in  cash.  All  shares  of  stock  to 
be  disposed  of  by  public  auction  to  the  highest  bidder 
under  the  provisions  of  this  Act  shall  be  offered  for  sale 
in  such  city  or  town  as  may  be  prescribed  by  the  com- 
mission,   and   the   notice    of   the   time   and    i)lace   of   sale 


898 


National  Association  of  Kailway  Commissionehs 


shall  be  published  at  least  five  times  Immediately  preceding 
the  time  fixed  for  the  sale  in  such  newspapers,  not  less 
than  three  in  number,  as  may  be  prescribed  by  the  com- 
mission. 

(e)  The  commission  may  authorize  a  public  utility  to 
issue  its  stocks  or  bonds  in  payment  for  property  or 
stocks,  bonds  or  other  securities  of  like  corporations 
which  it  may  lawfully  acquire,  upon  such  terms  as  the 
commission  may  approve,  having  due  regard  to  the  public 
good. 

Investigation  of  railroad  accidents.  §  15.  The  commis- 
sion shall  investigate  the  causes  of  all  accidents  happening 
upon  the  railroads  of  the  State  resulting  in  the  loss  of 
life  and  of  all  other  accidents  so  happening  which  in  the 
opinion  of  any  commission  ought  to  be  investigated. 
Any  such  investigation  may  be  made  by  the  full  commis- 
sion or  by  a  single  commissioner,  as  the  commission  may 
determine.  If  such  investigation  is  made  by  a  single  com- 
missioner, said  commissioner  for  the  purposes  of  the  par- 
ticular investigation  shall  have  and  exercise  all  the  powers 
Of  the  full   commission. 

Neglect  of  duty,  proceeding  for  relief — Preference  in 
trial — Employment  of  counsel.  §  16.  (a)  Whenever  the 
commission  shall  be  of  opinion  that  a  railroad  corporation 
or  public  utility  is  failing  or  omitting,  or  about  to  fail  or 
omit,  to  do  anything  required  of  it  by  law,  or  by  order  of 
the  commission,  or  is  doing  anything,  or  about  to  do  any- 
thing, or  permitting  anything,  or  about  to  permit  any- 
thing, to  be  done  contrary  to  or  in  violation  of  law  or 
of  any  order  of  the  commission  it  shall  have  authority 
to  lay  the  facts  before  the  attorney-general,  and  to  direct 
him  immediately  to  begin  an  action  in  the  name  of  the 
State  of  New- Hampshire  praying  for  appropriate  relief 
by  mandamus  or  injunction  or  otherwise.  Upon  the 
beginning  of  such  suit  it  shall  be  the  duty  of  the  court  to 
specify  the  time  not  exceeding  20  days  after  service  of  a 
copy  of  the  petition  within  which  the  defendant  com- 
plained of  must  answer  the  petition.  In  case  of  default 
in  answer  or  after  answer,  the  court  shall  immediately 
make  inquiry  into  the  facts  and  circumstances  in  such 
matter  as  the  court  shall  direct  without  other  or  formal 
pleadings,  and  without  respect  to  any  technical  require- 
ment. Such  other  persons  or  corporation  as  the  court 
shall  deem  necessary  or  proper  to  join  as  parties  in  order 
to  make  its  order,  judgment  or  writs  effective,  may  be 
joined  as  parties  upon  application  of  counsel  for  the  State. 
The  final  judgment  in  any  such  action  or  proceeding 
shall  either  dismiss  the  action  or  proceeding,  or  direct 
that  a  writ  of  mandamus  or  an  injunction  or  other  ap- 
propriate process  shall  issue  as  prayed  for  in  the  petition, 
or  in  such  modified  or  other  form  as  the  court  may  de- 
determine  will  afford  appropriate  relief. 

(b)  All  actions  and  proceedings  under  this  Act  and 
all  actions  and  proceedings  commenced  or  prosecuted  by 
order  of  the  commission,  or  to  which  the  commission 
may  be  a  party  or  in  which  any  question  arises  under  this 
Act,  or  under  or  concerning  any  order  or  action  of  the 
commission,  shall  be  preferred  over  all  other  civil  causes 
except  election  causes  in  all  courts  of  the  State  of  New 
Hampshire  and  shall  be  heard  and  determined  in  prefer- 
ence to  all  other  civil  business  pending  therein  excepting 
election  causes,  irrespective  of  position  on  the  calendar, 
and  any  such  action  or  proceeding  may  upon  motion  of 
counsel  for  the  State  be  heard  in  a  different  county  from 
that  in  which  it  was  begun  if  suob  course  will  expedite  a 
final  decision. 

(c)  If  in  the  opinion  of  the  commission  there  shall 
at  any  time  be  occasion  therefor  the  commission  may  re- 
quest the  attorney-general  or  may  employ  other  counsel 
to  represent  the  State  in  cases  arising  under  the  first 
paragraph  of.  this  section,  or  wherein  any  Act  or  order  of 
the  commission  is  involved.  Such  counsel  shall  be  allowed 
reasonable  attorney's  fees  and  their  necessary  disburse- 
ments, to  be  approved  by  the  governor  and  council  and 
paid  from  the  treasury  of  the  State.  The  power  granted 
by  this  section  Is  in  addition  to  that  granted  by  paragraph 
(f )  of  §  2  of  this  Act. 

Orders,  how  served— Right  of  appeal — Appeal  sole  rem- 
edy— Procedure — Rescission  of  order,  etc.,  effect  of — Form 
of  decree — Suspension  of  order  by  appeal — Burden  of  proof 
— Application  limited.  §  17.  (a)  Every  order  of  the  com 
mission  shall  be  served  upon  every  person  or  corporation 
to  be  affected  thereby,  either  by  personally  delivering  or 


sending  by  registered  mail  a  certified  copy  thereof  to  such 
person,  or,  in  the  case  of  a  corporation,  to  rome  officer  or 
agent  thereof  upon  whom  writs  could  be  served  under  the 
provisions  of  chapter  219  of  the  Public  Statutes.  Every 
order  of  the  commission  shall  take  effect  at  a  time 
therein  specified,  and  except  as  otherwise  in  this  Act 
especially  provided,  shall  continue  in  force  for  a  period 
therein  designated  unless  the  same  shall  be  suspended, 
modified  or  set  aside  by  the  commission  or  be  suspended 
or  set  aside  by  a  court  of  competent  jurisdiction. 

(b)  Any  party  in  interest  aggrieved  by  any  order 
of  the  commission  or  by  any  part  of  an  order  containing 
distinct  and  severable  provisions,  may  appeal  therefrom 
by  complaint  in  the  nature  of  a  bill  in  equity,  filed  in 
the  Superior  Court  in  any  county  in  which  the  appealing 
party  might  commence  an  action  at  law,  or  at  the  op:ion 
of  such  party  in  the  county  of  Merrimack,  against  th< 
commission  as  defendant,  to  vacate  and  set  aside  sucl 
order  or  part  thereof  upon  the  ground  that  the  same  Ie 
unlawful  or  unreasonable.  If  such  order  contains  distinci 
provisions,  the  complaint  shall  state  whether  the  wholt 
thereof  is  claimed  to  be  unjust  and  unreasonable,  anc 
shall  distinctly  specify  the  portions  complained  ol  II 
less  than  the  whole.  Upon  the  filing  of  such  compi  linl 
the  clerk  of  the  Superior  Court  shall  issue  an  order  ol 
notice  in  accordance  with  equity  practice,  which  shal  b« 
served  upon  some  member  of  the  commission.  rh( 
answer  of  the  commission  shall  be  filed  and  a  copy  fur 
nished  to  the  appellant  within  30  days  after  sen  ice 
whereupon  the  proceedings  shall  be  at  issue  and  slam 
ready  for  trial  upon  30  days'  notice  given  by  either  ptrty 
to  the  other,  and  the  same  shall  be  tried  and  determ  ne< 
as  other  suits  in  equity.  Any  person  or  corporation  in 
terested  may  intervene  and  become  a  party  to  such  pro 
ceedings,  and  the  court  may  order  such  persons  or  cc  po 
rations  to  be  joined  as  parties  as  justice  may  require.  Al 
issues  presented  by  such  an  appeal  shall  be  tried  and  de 
termined   by  the  court. 

(c)  No  proceeding  other  than  the  appeal  herein  pro 
vided  for  shall  be  maintained  in  any  court  of  this  S  aK 
to  set  aside,  enjoin  the  enforcement  of,  or  otherwise  re 
view  or  impeach  any  order  of  the  commission,  ex  ep 
for  excess  of  jurisdiction  or  other  errors  cognizable  u:  de: 
the  general  supervisory  power.  Every  such  appeal,  an( 
other  judicial  proceeding  to  quash  or  otherwise  re  iet 
or  obtain  relief  from  any  order  of  the  commission,  i  hal 
be  taken  or  exercised  within  60  days  after  the  entr  o 
rendition  of  such  order  and  not  afterwards;  prov:  led 
however,  that  the  court  may  upon  petition,  permit  thi 
commencement  of  such  an  appeal,  for  cause  shown,  at  an; 
time  within  90  days  from  the  entry  or  rendition  of  uci 
order. 

(d)  Upon  the  trial  of  every  such  appeal,  the  crdei 
appealed  from  and  the  findings  of  the  commission  ipoi 
all  questions  of  fact  properly  before  it  shall  be  de(  me( 
prima  facie  lawful  and  reasonable,  and  the  order  app«  ale( 
from  shall  not  be  set  aside  or  vacated  except  for  e:  ron 
of  law  unless  the  court  is  satisfied  by  a  clear  prepondei 
ance  of  the  evidence  before  it  that  such  order  is  UMjus 
or  unreasonable.  With  the  answer  of  the  commi:  sioi 
there  shall  be  filed  a  transcript  of  the  testimony  iritro 
duced  before  the  commission,  together  with  the  orig  nali 
or  copies  of  all  exhibits  introduced  in  evidence  before  thi 
commission.  If,  upon  the  trial  of  such  appeal,  evi<ej 
shall  be  introduced  which  is  found  by  the  court  I'j 
different  from  that  offered  upon  the  hearing  befoilj 
commission  or  additional  thereto,  the  court,  before  ' 
dering  judgment,  upon  the  request  of  either  party,  shal 
transmit  a  copy  of  such  evidence  to  the  commissior  an( 
stay  further  proceedings  for  15  days  from  the  da  e  o 
such  transmission.  Upon  receipt  of  such  evidence  thi 
commission  shall  consider  the  same  and  may  alter,  mod 
ify,  amend  or  rescind  the  order  appealed  from,  and  shal 
report  its  action  thereon  to  the  court  within  10  days  fron 
the  receipt  of  such  evidence. 

(e)  If  the  commission  shall  rescind  the  order  ap 
pealed  from,  the  appeal  shall  be  dismissed;  if  It  shal 
alter,  modify  or  amend  the  same,  such  altered,  modiflei 
or  amended  order  shall  take  the  place  of  the  origina 
order  complained  of,  and  the  court  shall  render  judg 
ment  with  reference  thereto  in  said  appeal  as  thougl 
such  order  had  been  made  by  the  commission  in  the  flrs 
instance,  after  allowing  any  amendments  of  the  pleading 


-I-    Ull 
!    Ml 


Public  Service  Laws 


899 


or  other  incidental  proceedings  desired  by  the  parties  which 
the  changed  situation  may  require.  It  the  original  order 
shall  not  be  rescinded,  modified  or  altered  by  the  com- 
mission, judgment  shall  be  rendered  with  relereiice  to 
such  original  order. 

(f)  The  final  judgment  upon  every  appeal  shall  be  a 
decree  dismissing  the  appeal,  or  vacating  the  order  com- 
plained of  in  whole  or  in  part,  as  the  case  may  be;  but 
In  case  such  order  Is  wholly  or  partly  vacated  the  court 
may  also,  In  Its  discretion,  remand  the  matter  to  the  com- 
mission for  such  further  proceedings,  not  Inconsistent 
with  the  decree,  as  In  the  opinion  of  the  commission 
justice   may   require. 

(g)  No  appeal  or  other  proceedings  taken  from  an 
order  of  the  commission  shall  suspend  the  operation  of 
such  order;  provided,  however,  that  the  Superior  Court 
may  order  a  suspension  of  such  order  pending  the  de- 
termination of  such  appeal  or  other  proceeding  whenever, 
in  the  opinion  of  the  court,  justice  may  require  such  sus- 
pension; but  no  order  providing  for  a  reduction  of  rates, 
fares  or  charges  shall  be  suspended  except  upon  condi- 
tions to  be  imposed  by  the  court  providing  a  means  for 
securing  the  prompt  repayment  of  all  excess  rates,  fares 
and  charges  over  and  above  the  rates,  fares  and  charges 
which  shall  be  finally  determined  to  be  reasonable  and 
just.  Any  order  of  the  court  suspending  an  order  of  the 
commission  fixing  reasonable  rates,  fares,  charges  or 
prices,  shall  among  other  things,  provide  that  the  rail- 
road corporation  or  public  utility  affected  by  the  order 
suspended  shall  keep  such  accounts  as  shall  suflSce  to 
show  the  amount  being  collected  by  such  railroad  corpora- 
tion or  public  utility,  pending  the  appeal,  in  excess  of  the 
amounts  which  it  would  have  collected  if  the  order  or 
decree  of  the  commission  had  not  been  suspended,  and 
that  any  such  excess  shall  be  impounded  within  the 
State  or  paid  into  court.  Whenever  there  is  occasion 
after  final  decision  for  the  distribution  of  said  excess, 
any  violation  on  the  part  of  any  railroad  corporation  or 
public  utility,  or  of  the  officers  or  members  thereof,  of 
the  order  of  the  court  providing  for  the  repayment  of 
said  excess  may  be  punishable  as  a  contempt  of  court. 

(h)  In  all  trials,  actions  and  proceedings  arising 
under  the  provisions  of  this  Act  or  growing  out  of  the  ex- 
ercise of  the  authority  and  powers  granted  herein  to 
the  commission,  the  burden  of  proof  shall  be  upon  the 
pai-ty  adverse  to  such  commission  or  seeking  to  set  aside 
any  determination,  requirement,  direction  or  order  of 
such  commission  to  show  by  clear  and  satisfactory  evi- 
dence that  the  determination,  requirement,  direction  or 
order  of  the  commission  complained  of  is  unreasonable 
or  unlawful,  as  the  case  may  be. 

(i)  The  provisions  of  this  section  shall  not  apply  to 
appeals  from  the  assessment  of  damages  in  eminent  do- 
main proceedings,  but  such  appeals  shall  be  taken  and 
prosecuted  as  provided  in  §13  of  this  Act. 

Violation  of  orders  of  commission,  penalty.  §  18.  Everj 
railroad  corporation  and  public  utility  and  all  officers 
and  agents  of  the  same  shall  obey,  observe  and  comply 
with  every  order  made  by  the  commission,  under  author- 
ity of  this  Act  so  long  as  the  same  shall  be  and  remain 
in  force.  Any  railroad  corporation  or  public  utility  which 
shall  violate  any  provisions  of  this  Act,  or  which  fails, 
omits  or  neglects  to  obey,  observe  or  comply  with  any 
order  or  any  direction  or  requirement  of  the  commission, 
shall  be  fined  a  sum  not  exceeding  $5,000.  Every  officer 
and  agent  of  any  such  railroad  corporation  or  public 
utility  who  shall  wilfully  violate  or  who  procures,  aids 
or  abets  any  violation  of  this  Act,  or  who  wilfully  fails  to 
obey,  observe  and  comply  with  any  order  of  the  commis- 
sion, or  who  procures,  aids  or  abets  any  such  railroad 
corporation  or  public  utility  in  its  failure  to  obey,  ob- 
serve and  comply  with  any  such  order  or  provision  shall 
be  guilty  of  a  misdemeanor  and  shall  be  fined  not  more 
than  $1,000  or  imprisoned  not  more  than  six  months  or 
both. 

Forfeitures,  hotv  recovered.  §  19.  Any  forfeiture  incurred 
under  the  provisions  of  this  Act  shall  be  recovered  in  an 
action  brought  by  the  attorney-general  in  the  name  of  the 
State  of  New  Hampshire,  and  when  recovered  shall  be 
paid  into  the  treasury  of  the  State.  The  commission 
shall  have  authority  to  direct  the  institution  of  such  ac- 
tion, and  the  attorney-general  may  institute  such  action 
without  direction  whenever  he  shall  have  knowledge  that 
such  forfeiture  has  been  incurred. 


Report  of  commission.  §  20.  The  commission  shall  file 
with  the  secretary  of  State  on  or  before  the  first  day 
in  December  its  biennial  report  to  the  legislature,  which 
shall  contain  an  account  of  it  doings  during  the  years, 
a  statement  of  the  expenses  incurred  by  it,  such  statisti- 
cal and  other  information  with  regard  to  railroads  and 
public  utilities  in  the  State  as  the  commission  may  deem 
of  public  interest  and  such  suggestions  and  recommenda- 
tions as  to  needed  legislation,  or  other  matters  affecting 
railroad  corporation  and  public  utilities  as  the  commis- 
sion may  think  will  promote  the  public  good. 

Repealing  clause— Act  takes  effect  May  15,  1911.  §  21. 
Sections  18,  19  and  20  of  chapter  156  of  the  Public  Statutes, 
and  chapter  19  of  the  Laws  of  1897,  chapter  42  of  the  Laws 
of  1901,  chapter  60  of  the  Laws  of  1909  and  chapter  100  of 
the  Laws  of  1907  are  expressly  repealed;  provided,  however, 
that  such  repeal  shall  not  affect  the  rights  of  either 
party  in  any  proceeding  now  pending.  All  Acts  and 
parts,  of  Acts  which  in  any  way  conflict  with  the  provi- 
sions of  this  Act  are  repealed  so  far  as  they  do  so  con- 
flict, and  this  Act  shall  take  effect  May  15,  1911. 

Approved  April  15,  1911. 

FARES    AND    FKEIGHTS. 

Be  it  enacted  by  the  senate  and  house  of  representatives 
in  general  court  convened: 

Public  service  commission  to  investigate  and  report. 
§  1.  It  shall  be  the  duty  of  the  public  service  commission 
to  investigate  fully  the  subject  of  steam  railroad  rates  tor 
fares  and  freights  upon  the  railroads  leased  or  united 
under  the  authority  of  chapter  100  of  the  Laws  of  1883, 
chapter  5  of  the  Laws  of  1889,  or  chapter  156  of  the 
Public  Statutes,  and  all  matters  relating  thereto,  and 
report  to  the  governor,  for  the  information  and  use  of  the 
governor  and  the  legislature,  as  soon  as  may  be  and  not 
later  than  December  1,  1912,  the  general  situation  in  re- 
spect to  such  rates  and  other  related  matters,  together 
with  such  recommendations  with  reference  to  the  subject 
matter   as   it   may  deem   proper. 

Continuance  of  excess  rates  until  July  1,  WIS.  §  2.  Upon 
the  filing  by  a  railroad  corporation  with  the  public 
service  commission,  within  30  days  after  all  three  of  the 
commissioners  appointed  under  the  Act  entitled  "An  Act 
to  establish  a  public  service  commission"  shall  have  duly 
qualified,  of  schedules  showing  the  present  rates  for 
fares  and  freights  between  points  in  the  State  of  New 
Hampshire  and  between  points  in  the  State  of  New  Hamp- 
shire and  points  on  other  parts  of  said  railroad,  together 
with  a  properly  executed  stipulation  and  agreen>ent  in  the 
form  set  forth  in  §  3  of  this  Act,  and  upon  the  filing  by 
the  said  commission  with  the  secretary  of  State  of  a 
certificate  slating  that  such  schedules  and  agreements 
have  been  filed  with  it,  said  railroad  corporation  shall 
have  authority  until  July  1,  1913,  to  demand  and  collect 
rates  for  fares  and  freights  now  in  force  in  excess  of  the 
maximum  prescribed  by  statute;  subject,  however,  to  the 
power  of  said  commission  at  any  time  after  the  commis- 
sion has  completed  the  investigation  and  made  the  report 
as  provided  in  §  1  of  this  Act,  to  reduce  any  of  such  rates 
by  determining,  as  provided  in  the  Act  entitled,  "An  Act 
to  establish  a  public  service  commission,"  just  and  rea- 
sonable charges  and  by  fixing  the  maximum  price  to  be 
charged;  upon  condition  that  none  of  the  rates  for  fares 
and  freights  now  in  force  upon  said  railroad  between 
points  in  the  State  of  New  Hampshire,  and  between  points 
in  the  State  of  New  Hampshire,  and  points  on  other  parts 
of  said  railroad,  shall  be  raised  until  the  public  service 
commission  has  completed  the  investigation  and  made  the 
report  as  provided  in  §  1  of  this  Act.  Nothing  herein 
shall  be  construed  as  repealing,  suspending  or  modifying 
the  statutes  referred  to  in  §  1  of  this  Act,  except  in  so  far 
as  the  operation  thereof  is  affected  by  the  authority 
herein  specifically  conferred  upon  such  railroad  company. 
After  the  completion  of  the  investigation  and  the  filing 
of  the  report  as  provided  in  §  1  of  this  Act,  upon  the  de- 
termination by  the  public  service  commission  that  any 
rate  in  excess  of  the  maximum  prescribed  by  statute 
is  unjust  or  unreasonable,  any  person  shall  have  the 
right  to  sue  for  and  recover  any  excess  over  such  maxi- 
mum paid  by  him  after  the  passage  of  this  Act,  unless 
the  repayment  of  such  excess  would  be  a  violation  of  any 
penal  provision  of  any  statute  against  the  granting  of 
rebates  or  discriminations. 


900 


National  Association  of  Railway  Commissioners 


1 


Form  of  agreement  to  be  filed.  §  3.  The  agreement  to  be 
filed,  as  provided  In  §  2  of  this  Act,  shall  be  in  the  follow- 
ing form: 

The  railroad  company,  doing  busi- 
ness  in   the    State   of   New   Hampshire,   and   owning   the 

following  railroads  

and  operating  the  following  railroads   

hereby  accepts  the  pro- 
visions of  an  Act  entitled,  "An  Act  relating  to  the  matter 
of  steam  railroad  rates  for  fares  and  freights  upon  the 
railroads  leased  or  united  under  the  authority  of  chapter 
100  of  the  Laws  of  1883,  chapter  5  of  the  Laws  of  1889, 
or  chapter  156  of  the  Public  Statutes,  and  providing  for  a 
full  investigation  thereof"  and  agrees  that  nothing  in  said 
Act  shall  be  construed  as  repealing,  suspending  or  modi- 
fying chapter  100  of  the  Laws  of  1883,  chapter  5  of  the 
Laws  of  1889,  or  chapter  156  of  the  Public  Statutes,  ex- 
cept in  so  far  as  the  operation  thereof  is  affected  by  the 
authority  specifically  conferred  by  this  Act.  And  said 
railroad  company  further  agrees  that  it  will  not  volun- 
tarily raise  or  endeavor  to  raise  any  of  its  rates  for 
fares  and  freights  now  in  force  between  points  in  the 
State  of  New  Hampshire,  or  between  points  in  the  State 
of  New  Hampshire  and  points  on  other  parts  of  said  rail- 
road prior  to  the  time  that  said  commission  has  com- 
pleted the  investigation  and  made  the  report  as  provided  In 
§  1  of  an  Act  entitled  "An  Act  relating  to  the  matter  of 
steam  railroad  rates  for  fares  and  freights  upon  the 
railroads  leased  or  united  under  the  authority  of  chapter 
100  of  the  Laws  of  1883,  chapter  5  of  the  Laws  of  1889, 
or  chapter  156  of  the  Public  Statutes  and  providing  for  a 
full  investigation  thereof."  This  agreement  shall  not  be 
construed  as  prohibiting  changes  in  classification  made 
by  the  official  classification  committee,  subject,  how- 
ever, to  the  right  of  the  public  service  commission,  upon 
notice  and  hearing  as  provided  in  the  public  service  com- 
mission Act,  to  require  in  any  case  the  retention  of  the 
existing  classification. 

Powers  of  commission  —  Appropriation  of  $10,000.  i  4. 
For  the  purpose  of  conducting  the  investigation  provided 
for  in  §  1  of  this  Act,  the  public  service  commission  shall 
have  all  the  powers  conferred  upon  it  by  the  Act  entitled 
"An  Act  to  establish  a  public  service  commission,"  and  in 
addition  to  the  powers  conferred  upon  said  commission 
by  §  2,  paragraph  f  of  said  Act,  said  commission  may, 
without  the  approval  of  the  governor  and  council,  ex- 
pend a  sum  not  exceeding  $10,000  and  with  the  approval 
of  the  governor  and  council  such  further  sums  as  may  be 
necessary  in  employing  counsel,  stenographers,  experts, 
accountants  and  others  whose  assistance  it  may  require 
in  the  performance  of  the  duties  imposed  upon  it  by  this 
Act. 

Reasonable  rates  to  be  fixed — Right  of  appeal.  §  5.  II 
the  commission  shall  find  that  any  rate  or  rates  inves- 
tigated by  it  are  unjust  or  unreasonable,  it  shall  by  order 
fix  such  rate  or  rates  upon  a  reasonable  and  fair  basis, 
and  the  railroad  shall  have  the  same  right  to  appeal 
from  such  order  as  is  given  in  the  Act  entitled,  "An  Act 
to  establish  a  public  service  commission,"  except  that, 
in  the  case  of  rates  now  in  excess  of  the  maximum  pre- 
scribed by  statute,  no  railroad  company  shall  have 
any  right  to  appeal  from  an  order  of  said  commission  re- 
ducing such  excessive  rate  unless  such  reduction  shall  be 
to  a  point  below  such  maximum  and  then  only  as  to  so 
much  of  such  reduction  as  shall  be  below  such  maximum. 
The  public  service  commission  shall  not  have  the  power  to 
change  or  to  authorize  the  change  of  any  particular  rate 
or  rates  until  It  shall  have  completed  the  investigation 
and  made  the  report  provided  for  in  §  1  hereof,  and  in  no 
case  shall  said  public  service  commission  have  authority 
tc  permit  any  rate  now  below  the  maximum  fixed  by  law 
to  be  raised  above  such  maximum,  nor  to  permit  any  rate 
now  exceeding  such  maximum  to  be  raised. 

Takes  effect  on  passage.  §  6.  This  Act  shall  take  effect 
upon  Its  passage. 

Approved    April    15,    1911. 

ORDERS    OF  COMMISSION. 

Be  it  enacted  by  the  senate  and  house  of  representatives 
in  general  court  convened: 

Commissioners'  findings  not  vacated  by  appeal.  §  1.  No 
finding  or  order,  fixing  the  reasonable  charges  to  be  made 
by  any  express  company  for  the  transportation  of  goods 


and  merchandise  within  the  State,  made  by  the  railroad 
commissioners  under  the  authority  conferred  by  §  1 
chapter  100,  session  Laws  of  1907,  shall  be  vacated  upon 
appeal,  but  shall  be  in  full  force  and  effect  as  if  no 
appeal  had  been  taken  until  suspended,  modified  or  re- 
versed by  order  or  decree  of  the  Superior  Court.  The 
findings  or  orders  fixing  the  reasonable  charges  as  afore- 
said, an  appeal  from  which  Is  now  pending,  shall  from 
and  after  passage  of  this  Act  be  of  full  force  and  effect. 
The  charges  as  fixed  and  determined  by  said  findings 
or  orders  are  hereby  declared  reasonable,  and  shall  be 
the  maximum  charges  to  be  charged  by  the  express  com- 
pany or  companies  affected  until  suspended,  modified  or 
set  aside  by  proper  proceedings.  The  right  to  prosecute 
a  pending  appeal  to  determine  the  reasonableness  of  the 
charges  so  established  shall  not  hereby  be  effected,  but 
the  reasonableness  of  the  charges  may  be  determined 
In   the   pending  appeal. 

May  be  suspended  by  Superior  Court.  §  2.  The  Superii 
Court  may  suspend  such  finding  or  order  fixing  the  reif 
sonable  charges  to  be  made  by  any  express  company, 
pending  the  determination  of  an  appeal,  whenever  in  the 
opinion  of  the  court,  justice  may  require  such  suspension, 
but  no  order  providing  for  a  reduction  of  charges  shall 
be  suspended  except  upon  conditions  to  be  imposed  by  tie 
court  providing  a  means  for  securing  the  prompt  repay- 
ment of  all  excess  charges  over  and  above  the  charge  s 
which  shall  finally  be  determined  to  be  reasonable  and 
just.  Any  order  of  the  court  suspending  any  such  ord«  r 
fixing  the  reasonable  charges  shall,  among  other  things, 
provide  that  the  express  company  or  companies  affectel 
by  the  order  suspended  shall  keep  such  accounts  as  sha  1 
suffice  to  show  the  amounts  being  collected  by  such  e:;- 
press  company  or  companies  pending  the  appeal  In  excess 
of  the  amounts  which  would  have  been  collected  if  the 
finding  or  order  had  not  been  suspended,  and  that  anv 
such  excess  shall  be  impounded  within  the  State  or  pai  1 
into  court.  Whenever  there  is  occasion,  after  final  dec  - 
sion,  the  distribution  of  said  excess,  any  violation  on  th  ' 
part  of  any  express  company  or  companies  or  of  the  ofl  ■ 
cers,  members  or  agents  thereof  of  the  order  of  the  coui  l 
providing  for  the  repayment  of  said  excess  may  be  pui 
ished  as  a  contempt  of  court.  | 

Violation  may  be  enjoined.  §  3.  The  Superior  Coui  f 
shall  have  power  upon  petition  of  any  interested  part  '■ 
to  enjoin  the  violation  by  any  express  company  of  an  r 
finding  or  order  made  by  said  railroad  commissionei  * 
under  the  authority  conferred  by  said  §  1,  chapter  10 
session  Laws  of  1907,  so  long  as  said  finding  or  order  ma/ 
be  in  force.  Upon  proper  representation  that  any  findin 
or  order,  made  as  aforesaid,  is  being  violated  by  any 
express  company,  it  shall  be  the  duty  of  the  attorne 
general  to  institute  proceedings  in  behalf  of  the  Stata 
to   have   enjoined  any  further  violation. 

Repeal.     §  4.     All  Acts  and  parts  of  Acts  inconsiste 
therewith  are  hereby  repealed. 

Approved  April  7,  1911. 

FOREIGN  RAILROAD  COMPANIES. 

Dom.estic  company  may  sell  or  lease  to  foreign  cotnpai 
§  1.  Any  street  railway  corporation  now  or  hereafter  on 
nized  and  existing  under  the  laws  of  the  State  of  Ne 
Hampshire,  whose  street  railway  line  connects  at 
boundary  line  of  this  State  with  the  street  railway  1 
of  a  street  railway  corporation  now  or  hereafter  organli 
and  existing  under  the  laws  of  any  adjoining  State,  n 
sell  or  lease  its  street  railway,  appurtenances,  corpora' j 
property  and  franchises,  or  any  part  thereof  to  said  cii 
uecting  foreign  street  railway  which  may  be  now  or  hejj 
after  organized  and  existing  under  the  laws  of  such  a  Pi 
joining  State,  upon  such  terms,  agreements  and  conditions 
as  may  be  approved  by  a  majority  of  the  directors  ^|' 
of  and  by  the  shareholders  of  said  domestic  street 
way  corporation  by  an  affirmative  vote  of  two-thirds 
its  shareholders  passed  at  a  shareholders'  meeting, 
from  and  after  the  making  of  such  lease  or  sale  toj 
and  the  doing  by  said  foreign  street  railway  corporatl  | 
of  all  the  things  hereinafter  required  to  be  done  by 
the  said  foreign*  street  railway  corporation,  shall,  subje 
to  all  general  laws  of  the  State  of  New  Hampshire  relat- 
ing to  street  railways  have,  use  and  enjoy  In  New  Hamp- 
shire all  the  property,  rights,  powers  and  franchises  which 
the  domestic  corporation  may  have  under  its  charter  and 


Public  Service  Laws 


901 


the  laws  of  the  State  of  New  Hampshire,  so  far  as  the 
same  have  been  purchased  or  leased  by  said  foreign  cor- 
poration. 

Foreign  company  may  purchase  or  lease.  §  2.  The  for- 
eign street  railway  corporation  having  a  connecting  line  as 
aforesaid,  is  authorized  to  make  such  purchase  or  lease 
of  the  railway,  property,  appurtenances  and  franchises 
and  franchises  of  the  domestic  street  railway  corporation, 
of  any  part  thereof,  whenever  the  domestic  corporation 
is  entitled  under  this  Act  to  make  such  sale  or  lease. 

Foreign  company  to  file  certain  statements,  etc.  §  3. 
Before  assuming  the  management,  control  and  operation 
of  the  domestic  street  railway  and  its  appurtenances 
and  franchises,  or  a  part  thereof,  under  such  sale  or  lease, 
the  foreign  corporation  which  has  purchased,  or  leased 
the  same,  shall  file  in  the  office  of  the  secretary  of 
State  a  true  copy  of  its  charter,  a  full  statement  of  its 
property  of  every  sort  and  of  its  liabilities  and  a  list 
of  its  directors  and  other  officers,  and  shall  file  with  the 
secretary  of  State  of  this  State  an  irrevocable  power  of 
attorney  constituting  the  secretary  of  State  its  attorney 
to  receive  service  of  all  legal  process  against  it,  and 
notices  directed  to  it  or  required  to  be  given  to  it,  in 
the  State  of  New  Hampshire  under  any  of  its  laws  while 
it  exercises  any  franchises  that  were  of  said  domestic 
street  railway  company,  under  said  lease  or  purchase  in 
the  State  of  New  Hampshire,  and  so  long  as  any  out- 
standing liability  to  any  citizen  of  New  Hampshire, 
incurred  by  said  foreign  street  railway  corporation  while 
exercising  the  franchises  aforesaid  in  New  Hampshire, 
remains  unpaid  and  unsatisfied;  and  in  each  year  said 
foreign  street  railway  corporation  shall  make  such  return 
to  the  railroad  commissioners  as  domestic  street  railway 
corporations  are  required  to  make;  provided,  however, 
said  foreign  corporation  shall  not  be  impleaded  or  sued 
in  New  Hampshire  because  of,  or  on  account  of,  any 
act  not  done  or  omitted  in  exercise  of  its  franchises  in 
this  State,  but  any  citizen  of  New  Hampshire  may  sue 
or  implead  said  corporation  in  the  courts  of  this  State 
for  any  cause  of  action  he  has  against  it  whether  arising 
within  or  out  of  this  State. 

Domestic  company  may  purchase  or  lease  foreign  line. 
§  4.    Any  street  railway  corporation  now  or  hereafter  orga- 
nized   or    existing   under   the   laws    of   the    State   of   New 
Hampshire,    whose    street    railway    line    connects    at    the 
boundary  line  of  New  Hampshire  with  the  street  railway 
line  of  a  corporation  now  or  hereafter  organized  and  ex- 
isting under  the  laws  of  an  adjoining  State,  shall  have  and 
possess   and   enjoy,    subject   to   all   general   laws   of   this 
State,  the  same  right  to  buy  or  lease  a  connecting  street 
railway      line,      property      and      franchise,      or      a     part 
thereof,  of  said  foreign  connecting  street  railway  corpora- 
tion   as    is    given    to    the    foreign    corporation    by    this 
Act     to     buy     or     lease     the     railway     property,     appur- 
tenances    and     franchises,     or     a     part     thereof     of     a 
I  connecting     domestic     street     railway     corporation;     and 
!  the  purchase  or  lease  of  the  railway,  property,  appurten- 
1  ances    and    franchises    of   said    foreign    connecting    street 
1  railway   corporation,  or  of  a  part  thereof,  shall  be  made 
i  upon   such   terms   as   the   directors   by   majority   vote   and 
the  shareholders  of  the   domestic   street  railway  corpora- 
I  tion  by  a  two-thirds  affirmative  vote,  passed  at  a  share- 
;  holders'  meeting  provide,  and  upon  such  purchase  or  sale 
I  being  made,  and  upon  the  performance  of  any  conditions 
or  acts  herein  required  to  be  done  before  the  same  be- 
I  comes    effective,    under    the    provisions    of    this    Act,    the 
[domestic      street      railway      corporation      shall,      so      far 
as   this    State    can    confer   the    power,    have,    possess   and 
enjoy,  with  respect  to  the  connecting  street  railway  line, 
its    property   and    franchises,    or   a    part   thereof,    so   pur- 
chased  or   leased,   all   the   powers,   rights   and   franchises 
previously    had,    possessed    and   enjoyed    by    said    foreign 
corporation  under  the  laws  of  the  adjoining  State,  under 
whose  laws  it  as  organized  and  exists. 

To  be  approved  hy  railroad  commissioners.  §  5.  Any 
lease  or  sale  hereby  authorized  shall  not  become  effective 
until  a  copy  of  the  lease,  or  of  the  agreement  of  pur- 
chase, as  the  case  may  be,  shall  have  been  filed  with  the 
secretary  of  State  of  the  State  of  New  Hampshire,  and 
with  the  board  of  railroad  commissioners  of  this  State 
[in  each  case,  with  the  approval  of  the  board  of  railroad 
•commissioners  of  New  Hampshire,  endorsed  thereon. 
I     Increase  in  rates  not  permitted.     §  6.    No  lease  or  pur- 


chase herein  authorized  shall  permit  an  increase  of  fares, 
or,  in  cases  in  which  freight  or  express  matter  may  be 
carried,  of  an  increase  of  rates  for  carrying  freight  or 
express  matter,  save  so  far  as  and  under  the  law  the 
right  so  to  do  was  lawfully  exercisable  by  the  street  rail- 
way corporation  whose  railway,  property,  appurtenances 
and   franchises   have   been   leased  or   purchased. 

Increase  of  stock  of  purchasing  company.  §  7.  The  pur- 
chasing company  may  subject  to  the  provisions  of  existing 
laws  relating  to  railroads,  increase  its  capital  stock  and 
issue  bonds  to  an  amount  necessary  for  the  purposes 
authorized  by  this  Act,  and  may  exchange  its  securities 
for  those  of  the  selling  company,  if  the  aggregate  amount 
of  the  capital  stock  and  the  debt  of  the  two  contracting 
companies  shall  not  by  reason  of  such  purchase  and  sale 
be  Increased. 

Takes  effect  on  passage.  §  8.  This  Act  shall  take  effect 
upon  its  passage. 

Approved  March  30,  1911. 

Candidate  to  file  statement.  |  4.  Every  candidate  at  the 
primary  or  general  election  for  governor  or  representative 
to  congress  shall,  on  the  third  day  preceding  said  primary 
or  election,  file  with  the  secretary  of  State  and  also  pub- 
lish in  two  daily  newspapers  of  this  State,  an  itemized 
sworn  statement  of  all  his  receipts  and  expenditures, 
in  aid  of  his  nomination  or  election,  showing  in  detail 
the  names  of  the  various  persons  by  whom  they  were 
made  and  the  respective  amounts  thereof,  and  the  names 
of  the  various  persons,  corporations  or  committees  to 
whom  they  were  made,  with  the  specific  nature  and 
amount  of  each  expenditure.  Within  15  days  after  said 
primary  or  election  a  similar  sworn  itemized  statement 
shall  be  likewise  filed  and  published,  showing  in  like 
manner  all  receipts  and  expenditures  subsequent  to  the 
first  statement. 

Statement  hy  candidate  for  United  States  senate.  §  5. 
Every  candidate  for  United  States  senator  shall,  on  the 
third  day  preceding  the  day  upon  which  such  senator  is 
to  be  chosen,  file  with  the  secretary  of  State  and  also 
publish  in  two  daily  newspapers  of  this  State  a  sworn 
itemized  Statement  of  all  his  receipts  and  expenditures 
in  aid  of  his  election,  showing  in  detail  the  names  of 
the  persons  by  whom  they  were  made  and  the  respective 
amounts  thei'eof,  and  the  names  of  the  various  persons, 
corporations  or  committees  to  whom  they  were  made, 
with  the  specific  nature  and  amount  of  each  expenditure. 
Within  15  days  after  said  election  a  similar  sworn  item- 
ized statement  shall  be  likewise  filed  and  published,  show- 
ing in  like  manner  all  receipts  and  expenditures  sub- 
sequent to  the  first  statement. 

Candidates  at  primaries.  §  6.  Every  candidate  at  the 
primary  or  general  election  for  councilor.  State  senator, 
or  representative  to  the  general  court,  who  has  expended 
a  sum  in  excess  of  $25,  shall  within' 15  days  after  said 
primary  or  general  election  file  with  the  secretary  of  State 
and  with  the  town  or  city  clerk  for  the  town  or  city  in 
which  he  resides  an  itemized  sworn  statement  of  all  his  re- 
ceipts and  expenditures  in  aid  of  his  nomination,  showing 
in  detail  the  names  of  the  various  persons  by  whom  they 
were  made  and  the  respective  amounts  thereof,  and  the 
names  of  the  various  persons,  corporations  or  committees 
to  whom  they  were  made,  with  the  specific  nature  and 
amount  of  each  expenditure.  All  such  statements  shall 
be  open  to  public  inspection. 

Violation  of  Act  a  misdemeanor.  §  7.  Any  person  who 
violates  the  foregoing  provisions  of  this  Act  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  not 
more  than  $500  nor  less  than  $100  and  be  imprisoned  in 
the  county  jail  not  less  than  30  nor  more  than  90  days, 
nor  shall  he  be  entitled  to  the  nomination  or  election 
until  said  sworn  itemized  statement  is  filed  and  published 
as  hereinbefore  required. 

Certain  contributions  forbidden.  §  8.  No  person  not  a 
candidate  for  nomination  at  the  primary  or  election  shall 
contribute,  expend  or  promise  to  contribute  or  expend 
any  money  or  thing  of  value,  in  aid  of  the  nomination 
or  defeat  of  any  candidate  at  the  primary  or  election, 
or  in  aid  of  the  success  or  defeat  of  any  political  party 
or  principle,  or  in  aid  of  the  success  or  defeat  of  any 
measure  to  be  vpted  on  at  any  election,  unless  contrib- 
uted directly  to  some  candidate  at  the  primary  or  elec- 
tion, or  some  political  committee  of  this  State. 


902 


National  Association  of  Railway  Commissioners 


Violation  of  ^  8  a  misdemeanor.  §  9.  Any  person  violat- 
ing the  provisions  of  §  8  of  this  Act  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  fined  not  more 
than  $500  nor  less  than  $100  and  be  imprisoned  in  the 
county  jail  not  more  than  90  nor  less  than  30  days. 

In  effect  forthwith.  §  10'.  This  Act  shall  take  effect 
upon  its  passage. 

Approved  April  6,  1911. 
An  Act  to  prohibit  bribery  at  elections  and  to  exclude  per- 
sons convicted   thereof  from   holding  civil  office  and 
from  exercising  the  right  of  suffrage. 
Be  it  enacted  by  the  senate  and  house  of  representatives  in 
General  Court  convened: 

Bribery  punished  with  imprisonment  and  fine.  §  1.  Any 
person  guilty  of  offering,  giving,  or  accepting  a  bribe, 
or  of  aiding  or  alsetting  bribery,  or  of  attempting  or 
conspiring  to  bribe,  with  Intent  to  influence  the  vote  of 
any  person  at  any  election,  caucus,  convention,  or  pri- 
mary election  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  more  than  $500 
nor  less  than  $100  and  be  imprisoned  in  the  county  jail 
not  less  than  30  nor  more  than  90  days,  for  each  offense. 

Disqualification  from  holding  offlce.  §  2.  Any  person 
convicted  under  the  provisions  of  the  foregoing  section 
shall  thereafter  be  forever  disqualified  from  holding  any 
civil  office  in  this  State  and  from  exercising  the  right 
of  suffrage  for  a  period  of  five  years. 

Immunity  of  witnesses.  §  3.  No  witness  in  any  proceed- 
ing under  this  Act  or  in  any  proceeding  for  violation  of  the 
election  laws  shall  be  excused  from  giving  his  testimony 
upon  the  ground  that  such  testimony  would  incriminate 
him,  but  no  such  testimony  shall  be  used  against  such 
witness  at  any/  time  or  in  any  prosecution.  And  any  per- 
son who  voluntarily  discloses  the  facts  to  the  proper  au- 
thorities, and  procures  a  conviction  in  any  such  proceed- 
ing, shall  not  be  prosecuted  for  his  connection  with  the 
bribery  or  attempted  bribery. 

Hepeal.  §  4.  All  Acts  and  parts  of  Acts,  so  far  as  they 
are  inconsistent  herewith,  are  hereby  repealed,  and  this 
Act  shall  take  effect  upon  its  passage. 

Approved  April  6,  1911. 

An  Act  to  prevent  the  defrauding  of  laborers. 
Be  it  enacted  by  the  senate  and  house  of  representatives 
in  general  court  convened: 

Pay  to  employer's  agent  for  attaining  employment  for- 
bidden. §  1.  No  agent,  superintendent,  foreman  or  other 
employe  of  any  corporation,  firm,  copartnership,  or  of 
any  person,  shall  obtain  money  or  property  of  any  kind 
whatsoever,  or  obtain  a  promise  to  pay  money  or  property 
of  any  kind  whatsoever,  from,  for,  or  in  behalf  of  any  per- 
son for  the  purpose  of  procuring  employment  for  such 
person  in  the  service  of  said  corporation,  firm,  copartner- 
ship or  person. 

Acceptance  of  pay,  forbidden.  §  2.  No  person  whomso- 
ever shall  offer  or  promise  to  pay  money  or  other  property 
of  any  kind  to  any  agent,  superintendent,  foreman  or  em- 
ployee of  any  corporation,  firm,  copartnership,  or  of  any 
person  whomsoever,  for  the  purpose  of  securing  employ- 
ment, or  promise  of  employment  for  any  other  person 
or  persons,  in  the  service  of  said  corporation,  firm,  copart- 
nership or  person. 

Penalty  for  violation.  §  3.  Any  violation  of  any  of  the 
provisions  of  this  Act  shall  be  punished  by  fine  not  ex- 
ceeding $100,  or  by  imprisonment  not  exceeding  one  year 
or  both. 

Provision  as  to  employment  agencies.  §  4.  The  provi- 
sions of  this  Act  shall  not  be  so  constructed  as  to  affect  or 
Impair  the  right  of  any  corporation,  firm,  copartnership 
or  person  to  hire  laborers  or  accept  apprentices  in  the 
ordinary  and  usual  course  of  business,  or  in  any  way 
abridge  the  right  to  obtain  and  exercise  licenses  to  run 
employment  offices  as  provided  by  law. 

§  5.     This  Act  shall  take  effect  upon  its  passage. 

Approved  March  17,  1911. 

An  Act  relative  to  cash  payment  of  wages. 
Be  it  enacted  by  the  senate  and  house  of  representatives  in 
general  court  convened: 

Weekly  cash  payment  of  wages  required.  §  1.  Weekly 
payment  of  wages  by  every  manufacturing,  mining,  quar- 


rying, stone-cutting,  mercantile,  railroad,  telegraph,  tele- 
phone, express,  aqueduct  and  municipal  corporation  aa 
contemplated  by  §  21,  chapter  180  of  the  Public  Statutes, 
as  the  same  was  amended  by  chapter  134  of  the  ses- 
sion Laws  of  1909,  shall  be  made  In  cash,  and  no  employe 
shall  be  compelled  by  his  employer  to  accept  any  goods 
or  merchandise  in  payment  of  wages. 

Or  checks.  §  2.  Nothing  in  the  preceding  section  shall 
be  held  to  invalidate  or  prevent  payment  of  wages  by 
check  or  checks  wherever  such  form  of  payment  is  ac- 
ceptable to  the  employe  to  whom  payment  is  made. 

In  effect  forthwith.  §  3.  This  Act  shall  take  effect  upon 
Its  passage. 

Approved  March  28,  1911. 


employer's  liability. 


tnm 


Be  it  enacted  by  the  senate  and  house  of  representat 
in  general  court  convened: 

Act  applicable  to  railroads,  factories,  etc.  §  1.  This  Act 
shall  apply  only  to  workmen  engaged  in  manual  or  me- 
chanical  labor  in  the  employments  described  in  this 
section,  which,  from  the  nature,  conditions  or  means 
of  prosecution  of  such  work,  are  dangerous  to  the  life 
and  limb  of  workmen  engaged  therein,  because  in  them 
the  risks  of  employment  and  the  danger  of  injury  caused 
by  fellow  servants  are  great  and  difficult  to  avoid,  (a) 
The  operation  on  steam  or  electric  railroads  of  loco:no- 
tlves,  engines  trains  or  cars,  or  the  construction,  alt(  ra- 
tion, maintenance  or  repair  of  steam  railroad  tracks  or 
roadbeds  over  which  such  locomotives,  engines,  trains 
or  cars  are  or  are  to  be  operated,  (b)  Work  in  any  slop, 
mill,  factory  or  other  place  on,  in  connection  with  or 
in  proximity  to  any  hoisting  apparatus,  or  any  machin  ;ry 
propelled  or  operated  by  steam  or  other  mechan  cal 
power  in  which  shop,  mill,  factory  or  other  place  ive 
or  more  persons  are  engaged  in  manual  or  mechan:  cal 
labor,  (c)  The  construction,  operation,  alteration  or  re- 
pair of  wires  or  lines  of  wires,  cables,  switch  boa  ds 
or  apparatus  charged  with  electric  currents.  (d)  All 
work  necessitating  dangerous  proximity  to  gunpowi  er, 
blasting  powder,  dynamite  or  any  other  explosi'  es, 
where  the  same  are  used  as  instrumentalities  of  he 
industry,  or  to  any  steam  boiler  owned  or  operated  by 
the  employer,  provided  injury  is  occasioned  by  the  ex- 
plosion of  any  such  boiler  or  explosive,  (e)  Work  in  or 
about  any  quarry,  mine  or  foundry.  As  to  each  of  i  aid 
employments  it  Is  deemed  necessary  to  establish  a  j 
system  of  compensation  for  accidents  to  workmen. 


'ii 

col  Ifll 


Employers'  liability  for  injuries.  §  2.  If,  in  the  co 
of  any  of  the  employments  above  described,  perse  nal 
injury  by  accident  arising  out  of  and  in  the  course  of  the 
employment  is  caused  to  any  workman  employed  ther  >in, 
in  whole  or  in  part,  by  failure  of  the  employer  to  c  )m- 
ply  with  any  statute,  or  with  any  order  made  ur  der 
authority  of  law,  or  by  the  negligence  of  the  employe:  or 
any  of  his  or  its  officers,  agents  or  employes,  or  by 
reason  of  any  defect  or  insufficiency  due  to  his,  its  or 
their  negligence  in  the  condition  of  his  or  its  pi  int, 
ways,  works,  machinery,  cars,  engines,  equipment,  or  ap- 
pliances, then  such  employer  shall  be  liable  to  such  w  )rk- 
men  for  all  damages  occasioned  to  him,  or.  In  case  of  his 
death,  to  his  personal  representatives  for  all  dam;  gea 
now  recoverable  under  the  provisions  of  chapter  191 
of  the  Public  Statutes.  The  workman  shall  not  be 
held  to  have  assumed  the  risk  of  any  Injury  due  to  any 
cause  specified  in  this  sectinon;  but  there  shall  be  no 
liability  under  this  section  for  any  injury  to  whic  i  It 
shall  be  made  to  appear  by  a  preponderance  of  evid(  nee 
that  the  negligence  of  the  plaintiff  contribi  ted. 
The  damages  provided  for  by  this  section  shall  be  recov- 
ered In  an  action  on  the  case  for  negligence. 

Acceptance  of  Act  by  employer.  §  3.  The  provisiots  of 
§  2  of  this  Act  shall  not  apply  to  any  employer  who 
shall  have  filed  with  the  commissioner  of  labor  his 
declaration  in  writing  that  he  accepts  the  provisions  of 
this  Act  as  contained  in  the  succeeding  sections,  and  shall 
have  satisfied  the  commissioner  of  labor  of  his  financial 
ability  to  comply  with  its  provisions,  or  shall  have  filed 
with  tha  commissioner  of  labor  a  bond,  in  such  form  and 
airount  as  the  commissioner  may  prescribe,  conditioned 
on  the  discharge  by  such  employer  of  all  liability  in- 
curred under  this  Act.     Such  bond  shall  be  enforced  by 


Public  Service  Laws 


903 


the  commissioner  of  labor  for  the  benefit  of  all  persons 
to  whom  such  employer  may  become  liable  under  this 
Act  in  the  same  manner  as  probate  bonds  are  enforced. 
The  commissioner  may,  from  time  to  time,  order  the 
filing  of  new  bonds,  when  in  his  judgment  such  bonds 
are  necessary;  and  after  30  days  from  the  communicat- 
tion  of  such  order  to  any  employer,  such  employer  shall 
be  subject  to  the  provisions  of  §  2  of  this  Act  until  such 
order  has  been  complied  with.  The  employer  may  at 
any  time  revoke  his  acceptance  of  the  provisions  of  the 
succeeding  sections  of  this  Act  by  filing  with  the  com- 
missioner of  labor  a  declaration  to  that  effect,  and  by 
posting  copies  of  such  declaration  in  conspicuous  places 
about  the  place  where  his  workmen  are  employed. 
Any  person  aggrieved  by  any  decision  of  the  commis- 
sioner under  this  section  may  apply  by  petition  to  any 
justice  of  the  Superior  Court  for  a  review  of  such  de- 
cision and  said  justice  on  notice  and  hearing  shall  make 
such  order  affirming,  reversing  or  modifying  such  deci- 
sion as  justice  may  require;  and  such  order  shall  be 
final.  Such  employer  shall  be  liable  to  all  workmen 
engaged  in  any  of  the  employments  specified  in  §  1, 
for  any  injury  arising  out  of  and  in  the  course  of  their 
employment,  in  the  manner  provided  in  the  following  sec- 
tions of  this  Act;  provided,  that  the  employer  shall 
not  be  liable  in  respect  of  any  injury  which  does  not 
disable  the  workman  for  a  period  of  at  least  two  weeks 
from  earning  full  wages  at  the  work  at  which  he  was 
employed,  and,  provided,  that  the  employer  shall  not  be 
liable  in  respect  of  any  injury  to  the  workman  which 
is  caused  in  whole  or  in  part  by  the  intoxication,  viola- 
tion of  law,  or  serious  or  wilful  misconduct  of  the  work- 
man; provided,  further,  that  the  employer  shall  at  the 
election  of  the  workman,  or  his  personal  representative, 
be  liable  under  the  provisions  of  §  2  of  this  Act  for  all 
Injury  caused  in  whole  or  in  part  by  the  wilful  failure 
of  the  employer  to  comply  with  any  statute,  or  with 
any  order   made   under  authority   of  law. 

Employe  has  choice  of  remedies.  §  4.  The  right  of  ac- 
tion for  damages  caused  by  any  such  injury,  at  common 
law,  or  under  any  statute  in  force  on  January  1,  1911, 
shall  not  be  affected  by  this  act,  but  in  case  the  injured 
workman,  or  in  event  of  his  death  his  executor  or  ad- 
ministrator shall  avail  himself  of  this  Act,  either  by  ac- 
cepting any  compensation  hereunder,  by  giving  the  notice 
hereinafter  described,  or  by  beginning  proceedings  there- 
for in  any  manner  on  account  of  any  such  injury,  he 
shall  be  barred  from  recovery  in  every  action  at  com- 
mon law  or  under  any  other  statute  on  account  of  the 
same  injury.  In  case  after  such  injury  the  workman, 
or  in  the  event  of  his  death,  his  executor  or  adminis- 
trator, shall  commence  any  action  at  common  law  or 
under  any  statute  other  than  this  Act  against  the  em- 
ployer therefor,  he  shall  be  barred  from  all  benefit  of 
this  Act  in  regard  thereto. 

Procedure.  §  5.  No  proceedings  for  compensation  under 
this  Act  shall  be  maintained  unless  notice  of  the  accident  as 
hereinafter  provided  has  been  given  to  the  employer  as  soon 
as  practicable  after  the  happening  thereof  and  before 
the  workman  has  voluntarily  left  the  employment  in 
which  he  was  injured  and  during  such  disability,  and  un- 
less claim  for  compensation  has  been  made  within  six 
months  from  the  occurrence  of  the  accident,  or  in 
case  of  the  death  of  the  workman,  or  in  the  event  of  hia 
physical  or  mental  incapacity,  within  six  months  after 
such  death  or  the  removal  of  such  physical  or  mental 
incapacity,  or  in  the  event  that  weekly  payments  have 
been  made  under  this  article,  within  six  months  after 
such  payments  have  ceased,  but  no  want  or  defect  or 
inaccuracy  of  a  notice  shall  be  a  bar  to  the  mainte- 
nance of  proceedings  unless  the  employer  proves  that  he 
Is  prejudiced  by  such  want,  defect  or  inaccuracy.  No- 
tice of  the  accident  shall  apprise  the  employer  of  the 
claim  for  compensation  under  this  article,  and  shall  state 
the  name  and  address  of  the  workman  injured,  and  the 
date  and  place  of  the  accident.  The  notice  may  be  served 
personally  or  by  sending  it  by  mail  in  a  registered  letter 
addressed  to  the  employer  at  his  last  known  residence 
or  place  of  business. 

Amount  of  compensation.  §  6.  (1)  The  amount  of  com- 
pensation shall  be,  in  case  death  results  from  injury: 
(a)  If  the  workman  leaves  any  widow,  children  or  par- 
ents,  resident  of   this   State,   at  the  time   of   his   death, 


then  wholly  dependent  on  his  earnings,  a  sum  to  compen- 
sate them  for  loss,  equal  to  150  times  the  average 
weekly  earnings  of  such  workman  when  at  work  on  full 
time  during  the  preceding  year  during  which  he  shall 
have  been  in  the  employ  of  the  same  employer,  or  if 
he  shall  have  been  in  the  mployment  of  the  same  em- 
ployer for  less  than  a  year,  then  150  times  his  average 
weekly  earnings  on  full  time  for  such  less  period.  But 
in  no  event  shall  such  sum  exceed  $3,000.  Any  weekly 
payments  made  under  this  Act  shall  be  deducted  from 
the  sum  so  fixed,  (b)  If  such  widow,  children  or  par- 
ents at  the  time  of  his  death  are  in  part  only  depend- 
ent upon  his  earnings,  such  proportion  of  the  benefits 
provided  for  those  wholly  dependent  as  the  amount  of 
the  wage  contributed  by  the  deceased  to  such  partial 
dependents  at  the  time  of  injury  bore  to  the  total  wage 
of  the  deceased,  (c)  If  he  leaves  no  such  dependents, 
the  reasonable  expenses  of  his  medical  attendance  and 
burial,  not  exceeding  $100.  Whatever  sum  may  be  deter- 
mined to  be  payable  under  this  Act  in  case  of  death 
of  the  injured  workman  shall  be  paid  to  his  legal  repre- 
sentative for  the  benefit  of  such  dependents,  or  if  ha 
leaves  no  such  dependents,  for  the  benefit  of  the  persons 
to  whom  the  expenses  of  medical  attendance  and  burial 
are   due. 

(2)  Where  total  or  partial  incapacity  for  work  at 
any  gainful  employment  results  to  the  workman  from 
the  injury,  a  weekly  payment  commencing  at  the  end  of 
the  second  week  after  the  injury  and  continuing  during 
such  incapacity,  subject  as  herein  provided,  not  exceed- 
ing 50  per  centum  of  his  average  weekly  earnings  when 
at  work  on  full  time  during  the  preceding  year  during 
which  he  shall  have  been  in  the  employment  of  the  same 
employer,  or  if  he  shall  have  been  in  the  employment  of 
the  same  employer  for  less  than  a  year,  then  a  weekly 
payment  of  not  exceeding  one-half  the  average  weekly 
earnings  on  full  time  for  such  less  period.  In  fixing  the 
amount  of  the  weekly  payment,  regard  shall  be  had  to 
the  difference  between  the  amount  of  the  average  earn- 
ings of  the  workman  before  the  accident  and  the  average 
amount  he  is  able  to  earn  thereafter  as  wages  in  the 
same  employment  or  otherwise.  In  fixing  the  amount  of 
the  weekly  payment,  regard  shall  be  had  to  any  payment, 
allowance  or  benefit  which  the  workman  may  have  re- 
ceived from  the  employer  during  the  period  of  his  in- 
capacity and  in  the  case  of  partial  incapacity 
the  weekly  payment  shall  in  no  case-  exceed  the 
difference  between  the  amount  of  the  average  weekly 
earnings  of  the  workman  before  the  accident  and  the 
average  weekly  amount  which  he  is  earning  or  is  able 
to  earn  in  the  same  employment  or  otherwise  after  the 
accident,  but  shall  amount  to  one-half  of  such  difference. 
In  no  event  shall  any  compensation  paid  under  this  Act 
exceed  the  damage  suffered,  nor  shall  any  weekly  pay- 
ment payable  under  this  Act  in  any  event  exceed  $10  a 
week  or  extend  over  more  than  300  weeks  from  the  date 
of  the  accident.  Such  payment  shall  continue  for  such 
period  of  300  weeks  provided  total  or  partial  disability 
continue  during  such  period.  No  such  payment  shall  be 
due  or  payable  for  any  time  prior  to  the  giving  of  the 
notice  required  by  §  5  of  this  Act. 

Physical  examination.  §  7.  Any  workman  entitled  to 
receive  weekly  payments  under  this  Act  is  required, 
if  requested  by  the  employer,  to  submit  himself  for  ex- 
amination by  "a  duly  qualified  medical  practitioner  or 
surgeon  provided  and  paid  for  by  the  employer,  at 
a  time  and  place  reasonably  convenient  for  the  workman, 
within  two  weeks  after  the  injury,  and  thereafter  at  in- 
tervals not  oftener  than  once  in  a  week.  If  the  work- 
man refuses  to  submit  to  such  examination,  or  obstructs 
the  same,  his  right  to  weekly  payments  shall  be  suspended 
until  such  examination  has  taken  place,  and  no  compen- 
sation shall  be  payable  during  or  for  account  of  such 
period. 

Claimant  mentally  incompetent.  §  8.  In  case  an  injured 
workman  shall  be  mentally  incompetent  at  the  time 
when  any  right  or  privilege  accrues  to  him  under  this 
Act,  the"  guardian  of  the  incompetent  appointed  pursu- 
ant to  law  may,  on  befalf  of  such  incompetent,  claim 
and  exercise  any  such  right  or  privilege  with  the  same 
force  and  effect  as  if  the  workman  himself  had  been 
competent  and  had  claimed  or  exercised  any  such  right 
or  privilege,  and  no  limitation  of  time  in  this  Act  pro- 


904 


National  Association  of  Eailway  Commissioners 


vided  for  shall  run  bo  long  as  said  incompetent  workman 
has  no  guardian. 

Compensation,  how  fixed.  §  9.  Any  question  as  to  com- 
pensation which  may  arise  under  this  Act  shall  be  deter- 
mined by  agreement  or  by  an  action  at  equity  as  here- 
inafter provided.  In  case  the  employer  fail  to  make 
compensation  as  herein  provided,  the  injured  workman, 
or  his  guardian,  if  such  be  appointed,  or  his  executor  or 
administrator,  may  then  bring  an  action  to  recover  com 
pensation  under  this  Act  in  any  court  having  jurisdiction 
of  an  action  for  recovery  of  damages  for  negligence 
for  the  same  injury  between  the  same  parties.  Such 
action  shall  be  by  petition  in  equity,  which  may  be  made 
returnable  at  the  appropriate  term  of  the  Superior  Court 
or  may  be  filed  in  the  office  of  the  clerk  of  the  Superior 
Court  and  presented  in  term  time  or  vacation  to  any 
justice  of  said  court,  who  on  reasonable  notice  shall 
hear  the  parties  and  render  judgment  thereon.  The  judg- 
ment in  such  action  if  in  favor  of  the  plaintiff  shall  be 
for  a  lump  sum  equal  to  the  amount  of  payments  then 
due  and  prospectively  due  under  this  Act.  In  such  action 
by  an  executor  or  administrator  the  judgment  may 
provide  the  proportions  of  the  award  or  the  costs  to  be 
distributed  to  or  between  the  several  dependents.  If 
such  determination  is  not  made  it  shall  be  determined 
by  the  Probate  Court  in  which  such  executor  or  admin- 
istrator is  appointed,  in  accordance  with  this  Act,  on 
petition  of  any  party  interested,  on  such  notice  as  such 
court  may  direct.  Any  employer  who  has  declared  his 
intention  to  act  under  the  compensation  features  of  this 
Act  shall  also  have  the  right  to  apply  by  similar  pro- 
ceedings to  the  Superior  Court  or  to  any  justice  thereof 
for  a  determination  of  the  amount  of  the  weekly  pay- 
ments to  be  paid  the  injured  workman,  or  of  a  lump 
sum  to  be  paid  the  injured  workman  in  lieu .  of  such 
weekly  payments;  and  either  such  employer  or  work- 
man may  apply  to  said  Superior  Court  or  to  any  jus- 
tice thereof  in  similar  proceeding  for  the  determination 
of  any  other  question  that  may  arise  under  the  compen- 
sation feature  of  this  Act;  and  said  court  or  justice, 
after  reasonable  notice  and  hearing,  may  make  such 
order  as  to  the  matter  in  dispute  and  taxable  costs  as 
justice  may  require. 

Preference  of  claim.  §  10.  Any  person  entitled  to  week- 
ly payments  under  this  Act  against  any  employer  shall 
have  the  same  preferential  claim  therefor  against  the  as- 
sets of  the  employer  as  is  allowed  by  law  for  a  claim 
by  such  person  against  such  employer  for  unpaid  wages 
or  personal  services.  Weekly  payments  due  under  this 
Act  shall  not  be  assignable  or  subject  to  levy,  execution, 
attachment  or  satisfaction  of  debts.  Any  right  to  receive 
compensation  under  this  Act  shall  be  extinguished  by 
the  death  of  the  person  entitled  thereto. 

Contingent  fees  of  attorneys.  §  11.  No  claim  of  any 
attorney-at-law  for  any  contingent  interest  in  any  re- 
covery under  this  Act  for  services  in  securing  such  re- 
covery or  for  disbursements  shall  be  an  enforceable 
lien  on  such  recovery,  unless  the  account  of  the  same 
be  approved  in  writing  by  a  justice  of  the  Superior 
Court,  or,  in  case  the  same  be  tried  in  any  court,  by 
the   justice   presiding  at   such   trial. 

Reports  to  labor  commissioner.  §  12.  Every  employer 
subject  to  the  provisions  of  this  Act  shall  from  time  to 
time  make  to  the  commissioner  of  labor  such  returns  as 
to  its  operation  as  said  commissioner  may  require  upon 
blanks  to  be  furnished  by  said  commissioner.  Any 
employer  failing  to  make  such  returns  when  re- 
quired by  said  commissioner  shall,  until  such  returns 
are  made,  be  subject  to  the  provisions  of  §  2  of  this  Act. 

In  effect  January  1,  1912.  §  13.  This  Act  shall  take 
effect  January  1,   1912. 

Approved   April   15,   1911. 

DUTIES  OF  ATTORNEY-GENERAL. 

Attorney-general  to  advise  and  supervise  all  commis- 
sions. §  1.  The  attorney-general  shall,  when  required  by 
either  branch  of  the  General  Court,  give  his  opinion 
upon  any  question  of  law  submitted  to  him  by  the  house 
or  senate.  He  shall,  when  requested,  advise  any  State 
board,  commission,  agent  or  officer  as  to  questions  of 
law  relating  to  the  performance  of  their  official  duties 
and   he   shall,  under  the   direction  of  the   governor   and 


council,  exercise  a  general  supervision  over  the  State 
departments,  commissions,  boards,  bureaus  and  officers 
to  the  end  that  they  perform  their  duties  according  to 
law.  The  governor  a'nd  council  may,  in  any  action  or 
proceeding,  wherever  pending,  represent  to  the  attorney- 
general  that  he  should  appear  to  protect  the  interests  of 
the  State  or  of  the  people,  and  it  shall  be  his  duty  to 
appear. 

To  act  as  attorney  for  the  State.  §  2.  He  shall  act  aa 
attorney  for  the  State  in  the  prosecution  of  persons  ac- 
cused of  crimes  punishable  with  death  or  imprisonment 
for  life,  or  for  25  years  or  more.  He  shall  have  and  ex- 
ercise general  supervision  of  the  criminal  causes  pend- 
ing before  the  Superior  Courts  of  the  State. 

To  make  reports.  §  3.  He  shall  make  report  of  the  per- 
formance of  his  duties  to  the  General  Court  at  each  ses- 
sion thereof  and  include  in  each  report  copies  of  all 
opinions  given  by  him  during  the  period  covered  by  the 
report;  provided,  however,  that  he  shall  not  be  required 
to  include  in  his  report  any  opinion,  the  publication  of 
which  he  deems  detrimental  to  the  public  good.  He  shall 
report  particularly  as  to  any  neglect  of  duty  on  the 
part  of  county  solicitors  and  other  officers  charged  with 
the  enforcement  of  the  criminal  laws,  and  shall  recom- 
mend such  changes  in  the  criminal  laws  and  administra- 
tion thereof  as  may  be  necessary  for  the  public  good. 

To  enforce  the  criminal  law.  §  4.  He,  with  the  aid  of 
the  solicitors  of  the  several  counties  shall  enforce  the 
criminal  laws  of  the  State,  and  shall  perform  all  other 
duties  now  or  hereafter  imposed  upon  him  by  law. 

To  employ  attorneys'  detectives,  etc.  §  5.  The  attorn  jy- 
general,  with  the  approval  of  the  governor  and  coun  ;il, 
may  employ  counsel,  attorneys,  detectives  and  other  is- 
sistants  in  case  of  reasonable  necessity,  and  may  \  ay 
them  reasonable  compensation,  on  the  warrant  of  he 
governor,  out  of  any  money  in  the  treasury  not  otherw  se 
appropriated.  When  any  person  is  employed  under  he 
provisions  of  this  section  the  attorney-general  shall  re- 
port such  employment,  with  the  reason  therefor,  and  an 
itemized  account  of  the  expenses  thereof,  to  the  Gene  "al 
Court  at  its  next  session. 

Also  clerical  help.  §  6.  The  attorney-general  may  >  m- 
ploy,  and  at  pleasure  dismiss,  such  clerical  and  ste  lo- 
graphic  assistants  as  may  be  necessary,  at  an  ann  lal 
expense   of   not   more   than   $1,200. 

When  attorney-general  incapacitated.  §  7.  If  the  at'  or- 
ney-general  shall  become  incapacitated  to  perform  his  lu- 
ties,  the  governor  and  council  shall  appoint  an  act  ng 
attorney-general  to  act  as  attorney-general  during  si  ch 
incapacity,  and  such  acting  attorney-general  shall  be 
paid  reasonable  compensation  for  his  services  and  ex- 
penses. 

Salary,  $3,000  per  year.  §  8.  The  annual  salary  of  he 
attorney-general  shall  be  $3,000,  payable  quarterly,  ;  nd 
he  shall  be  paid  his  reasonable  expenses  incurred  in 
the  performance  of  his  duties,  to  be  audited  and  allo^  ed 
by  the  governor  and  council.  The  office  of  the  attorr  ey- 
general  shall  be  in  Concord,  and  the  reasonable  expenses 
thereof  including  suitable  furniture,  equipment  and  sup- 
plies, shall  be  paid  by  the  State  treasurer  after  being 
approved   by  the  governor  and  council. 

Act  cumulative.  §  9.  Nothing  contained  in  this  4^ct 
shall  relieve  any  officer  or  person  of  any  duty  prescri  )ed 
by  law  relative  to  the  enforcement  of  any  criminal  1  iw, 
but  such  officer  or  person,  in  the  enforcement  of  s  ich 
law,  shall  be  subject  to  the  control  of  the  attorney-}  en- 
eral  whenever  in  the  discretion  of  the  latter  he  sliall 
see  fit  to  exercise   the   same. 

Repeal.     §  10.    All  Acts  and  parts  of  Acts  inconsisi  ent 
with    this    Act   are    hereby    repealed    and    this    Act   s  la 
take  effect  upon  its  passage. 
Approved    April    15,    1911. 

TAX    COMMISSION. 

Be  it  enacted  by  the  senate  and  house  of  representativ 
in  General  Court  convened: 

Commission  created.  §  1.  There  is  hereby  created  a 
commission,  to  be  designated  and  known  as  the  State 
Tax  Commission,  consisting  of  three  persons  known  to 
possess  knowledge  of  the  subject  of  taxation. 

How  appointed  and  removed.    §  2.    The  members  of  said 


Public  Service  Laws 


905 


commission  shall  be  appointed  by  the  Supreme  Court 
and  commissioned  by  the  governor;  and  any  member  may 
be  removed  by  the  same  authority  for  ineiflciency,  neg- 
lect of  duty  or  malfeasance  in  office,  but,  before  removal, 
the  member  shall  be  furnished  with  a  copy  of  the 
charges  against  him,  and  have  an  opportunity  to  be 
heard   in   defense. 

When  appointed — Tenure  of  office.  §  3.  The  three  per- 
sons to  compose  said  commission  shall  be  appointed 
within  15  days  after  the  passage  of  this  Act,  one  of 
whom  shall  be  of  the  leading  minority  party.  Of  such 
three  persons  one  sliall  be  appointed  and  designated 
to  serve  for  a  term  ending  on  the  thirty-first  day  of 
♦March,  1913;  one  for  a  term  ending  on  the  thirty-first 
day  of  March,  1915,  and  one  for  a  term  ending  on  the 
thirty-first  day  of  March,  1917,  each  of  said  terms  to 
begin  upon  the  qualification  of  the  person  appointed  there- 
for. Upon  the  expiration  of  the  terms  of  the  three  commis- 
sioners, first  appointed  as  aforesaid,  each  succeeding 
commissioner  shall  be  appointed  and  hold  his  office 
for  the  term  of  six  years  from  the  expiration  of  the  term 
of  his  predecessor,  except  in  the  case  of  a  vacancy  as 
hereinafter  provided,  and  each  commissioner  shall  hold 
his  office  until  his  successor  shall  have  been  appointed 
and   qualified. 

Vacancies,  how  filled.  §  4.  Removal  from  the  State 
shall  create  a  vacancy.  Whenever  a  vacancy  occurs, 
an  appointment  shall  be  made  for  the  unexpired  part 
of   the  ,  term. 

Chairman  and  secretary.  §  5.  The  Supreme  Court  shall 
•designate  one  member  of  the  commission  to  act  as 
chairman,  and  another  member  to  act  as  secretary;  the 
members  so  designated  shall  serve  in  such  capacities 
until  the  expiration  of  their  terms  of  office,  or  until 
vacancies  occur,  and  thereafter  such  designation  shall 
be  made  upon  the  expiration  of  the  term  of  office  of 
any  member  and  the  appointment  of  a  successor.  The 
secretary  shall  be  in  attendance  at  the  office  Of  the 
commission  in  the  State  house  during  regular  office  hours 
daily,  except  when  elsewhere  engaged  in  the  perform- 
ance of  the  duties  of  his  office,  holidays  and  reasonable 
vacations  excepted.  A  majority  of  said  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  the  business 
and   the   performance   of   the   duties   of   the   commission. 

Officers  in  State  house.  §  6.  The  commission  shall  be 
provided  with  an  office  in  the  State  house,  in  which  its 
records,  documents  and  books  shall  be  kept. 

Salaries  of  members — Clerical  expenses,  etc.  §  7.  The 
annual  salary  of  the  secretary  of  the  commission  shall 
be  $3,000,  and  of  each  of  the  other  members  of  the  com- 
mission, $2,500,  and  such  shall  be  paid  from  the  State 
treasury  in  equal  quarterly  payments.  Supplies  required 
by  the  commission,  and  necessary  expenses  of  the  com- 
mission, and  such  assistants  as  may  be  employed,  while 
on  the  business  of  the  commission,  and  fees  of  witnesses 
summoned  by  the  commission  shall  be  paid  by  the  State 
upon  the  approval  of  the  governor  and  council.  Said 
commission  shall  appoint  a  stenographer  at  a  salary  not 
exceeding  $900  per  annum,  which  shall  be  paid  from 
the  State  treasury  in  equal  quarterly  payments,  and, 
with  the  approval  of  the  governor  and  council,  such 
other  assistants  as  may  be  necessary. 

Duties  and  powers  of  commission.  §  8.  It  shall  be  the 
duty  of  the  commission,  and  it  shall  have  power  and  au- 
thority : 

(1)  To  prescribe  the  form  of  inventories  upon  which 
individuals  and  corporations  shall  list  taxable  property 
for  return  to  selectmen  and  assessors,  and  the  form 
of  invoice  books  for  use  by  selectmen  in  taking  the 
invoice  required  by  law,  and  prepare  and  furnish  at  the 
expense  of  the  State  to  selectmen  and  assessors  a  suffi- 
cient number  of  such  inventory  blanks  and  invoice 
books. 

(2)  To  procure  and  furnish  to  the  selectmen  of  the 
several  towns  and  assessors  of  cities,  on  or  before  the 
first  day  of  April  of  each  year,  suitable  blanks  upon 
which  to  make  certificates  of  the  number  of  polls  and 
the  valuation  of  the  ratable  estates  of  their  respective 
towns  and  cities.  Said  certificates  when  completed  shall 
be  returned   to   said   commission. 

(3)  To  determine  from  such  certificates  the  average 
rate  of  taxation  throughout  the  State. 


(4)  To  assess  the  taxes  upon  railroad,  railway, 
telegraph,  telephone,  express,  dining,  sleeping  and  parlor 
car  companies  and  corporations  or  other  corporations 
or  companies  not  a  railroad  corporation  or  company 
owning  any  cars  operated  for  profit  on  any  railroad  in 
this  State  as  by  law  provided. 

(5)  In  the  year  of  1912,  and  every  second  year  there- 
after, to  equalize  the  valuation  of  the  property  in  the 
several  towns  and  cities  in  the  State  by  adding  to  or 
deducting  from  the  aggregate  valuations  of  the  property 
in  towns  and  cities  such  sums  as  will  bring  said  valua- 
tions to  the  true  and  market  value  of  said  property, 
so  that  any  public  taxes  that  may  be  apportioned  among 
them    shall   be   equal   and   just   as   between   them. 

(6)  To  have  and  exercise  general  supervision  over 
the  administration  of  the  assessment  and  taxation  laws 
of  the  State  and  over  all  assessing  officers  in  the  per- 
formance of  their  duties,  to  the  end  that  all  assess- 
ments of  property  be  made  in  compliance  with  the  laws 
of  the   State. 

(7)  To  confer  with,  advise  and  give  the  necessary 
instructions  and  directions  to  local  assessing  officers 
throughout  the  State  as  to  their  duties,  and  to  that  end 
call-  meetings  of  such  assessing  officers,  to  be  held  at 
convenient  places,  for  the  purpose  of  receiving  instruc- 
tions from  the  commission  as  to  the  laws  governing  the 
assessment  and   taxation  of  all  classes  of  property. 

(8)  To  direct  proceedings,  actions  and  prosecutions 
to  be  instituted  to  enforce  the  laws  relating  to  the  liabil- 
ity and  punishment  of  individuals,  public  officers  and  offi- 
cers and  agents  of  corporations  for  failure  or  neglect  to 
comply  with  the  provisions  of  the  law  of  this  State 
governing  returns  for  the  assessment  and  taxation  of 
property. 

(9)  To  require  county,  city,  town  and  other  public 
officers  to  report  information  as  to  the  assessment  of 
property,  collection  of  taxes  and  such  other  information 
as  may  be  needful  in  the  work  of  the  commission,  in 
such  form  and  upon  such  blanks  as  the  commission  may 
prescribe;  and  it  is  hereby  made  the  duty  of  such  offi- 
cers to  furnish  said  commission  with  the  information  re- 
quired. 

(10)  To  summon  witnesses  to  appear  and  give  tesi- 
mony,  and  to  produce  books,  records,  papers  and  docu- 
ments relating  to  any  tax  matter  which  the  commission 
may  have  authority  to  investigate  or  determine. 

(11)  To  cause  depositions  of  witnesses  residing 
within  or  without  this  State,  or  absent  therefrom,  to  be 
taken  in  like  manner  that  depositions  of  witnesses  are 
taken  in  civil  action  in  the  Superior  Court,  in  any  matter 
which  the  commission  may  have  authority  to  investigate 
or  determine. 

(12)  To  receive  complaints  and  to  carefully  examine 
into  all  cases  where  it  is  alleged  that  property  subject  to 
taxation  has  not  be  assessed,  or  has  been  fraudulently 
or  for  any  reason  improperly  or  unequally  assessed,  or 
the  law  in  any  manner  evaded  or  violated,  and  to  order 
reassessments  of  any  or  all  real  and  personal  property, 
or  either,  in  any  assessment  district,  when  in  the  judg- 
ment of  said  commission  such  reassessment  is  advisable 
or  necessary,  to  the  end  that  all  classes  of  property 
in  such  assessment  district  shall  be  assessed  in  com- 
pliance with  the  law.  Neglect  or  failure  to  comply  with 
such  orders  on  the  part  of  any  selectman  or  assessor 
shall  be  deemed  wilful  neglect  of  duty,  and  he  shall  be 
subject  to  the  penalties  provided  by  law  in  such  cases. 
Any  person  aggrieved  because  of  such  reassessment 
shall  have  the  same  right  of  petition  and  appeal  as  from 
the  original  assessment. 

(13)  To  formulate  and  recommend  such  legislation 
as  may  be  deemed  expedient  to  prevent  the  evasion  of 
assessment  and  tax  laws,  and  to  secure  just  and  equal 
taxation  and  improvement  in  the  system  of  taxation 
in  the  State. 

(14)  To  file  with  the  secretary  of  State  on  or  before 
the  fifteenth  day  of  December  in  each  year  their  report, 
showing  all  the  taxable  property  in  the  State  and  the 
assessed  value  of  the  same,  in  tabulated  form,  and  such 
other  statistics  and  information  as  may  be  deemed  of 
interest. 

(15)  To  exercise  and  perform  such  further  powers 
and  duties  as  may  be  required  or  imposed  upon  tie 
commission  by  law. 


906 


National  Association  of  Railway  Commissioners 


Reference  of  petitions  for  abatement.  |  9.  All  petitions 
to  the  Superior  Court  for  abatement  of  taxes  as- 
sessed by  selectmen  and  assessors  may,  in  its  discretion, 
be  referred  to  the  State  tax  commission,  who  shall 
hear  the  parties  and  report  their  findings  of  fact  to  the 
Superior  Court.  When  a  report  of  the  tax  commission 
upon  such  reference  is  returned  into  court,  any  party 
whose  Interest  is  affected  thereby  may  appear  and  be 
heard  in  relation  to  it;  and  the  report  may  be  accepted, 
rejected  or  recommitted  for  a  new  hearing.  Upon  final 
acceptance  of  the  report  such  order  for  judgment 
shall  be  made  as  justice  may  require.  All  rulings  of  law 
by  the  Superior  Court  shall  be  subject  to  exception,  as 
in  other  cases. 

Compulsory  attendance  of  witnesses,  etc.  |  10.  justices 
of  the  peace  and  all  other  magistrates  empowered  to 
issue  subpoenas  and  compel  the  attendance  of  witnesses 
in  the  courts  of  this  State  shall  have  the  same  power  to 
compel  their  attendance  and  the  production  of  evidence 
in  any  proceeding  before  the  tax  commission.  Wit- 
nesses summoned  to  appear  before  the  tax  commission 
shall  receive  the  same  fees  for  travel  and  attendance 
as  if  summoned  to  appear  before  and  in  attendance 
upon  the  Superior  Court.  Witnesses  who  refuse  or  neg- 
lect to  appear,  or  who  refuse  to  testify  may  be  compelled 
to  do  so,  and  for  that  purpose  the  commission  may 
apply  to  any  justice  of  the  Superior  Court,  upon  proof 
by  affidavit  of  the  facts,  for  an  order  returnable  in  not 
more  than  five  days,  directing  any  person  so  refusing 
to  show  cause  before  the  justice  making  the  order  or 
any  other  justice  of  the  Superior  Court  why  he  should 
not  be  committed  as  for  contempt;  upon  the  return  of 
such  order,  the  justice  before  whom  the  matter  shall 
come  for  hearing  shall  examine  under  oath  such  person 
whose  testimony  may  be  relevant  an'd  such  person  shall 
be  given  an  opportunity  to  be  heard;  and  it  the  justice 
shall  determine  that  such  person  has  refused  without 
legal  excuse  to  be  examined  or  to  answer  a  legal  and 
pertinent  question  or  to  produce  a  book  or  paper  which 
he  was  ordered  to  bring,  he  may  forthwith  commit 
the  offender  as  for  contempt,  so  to  remain  until  he  sub- 
mits to  do  the  act  which  he  was  so  required  to  do 
or  is  discharged  according  to  law.  In  any  investigation 
or  hearing  the  tax  commission  shall  not  be  bound  by 
the  technical  rules  of  evidence,  excepting,  however, 
references  made  to  the  tax  commission  by  the  Superior 
Court. 

Railroads,  etc.,  how  taxed.  §  11.  Every  railroad,  rail- 
way, express,  telephone  and  telegraph  corporation  or 
company,  and  every  parlor,  sleeping  or  dining  car 
corporation  or  company,  or  other  corporation  or  company 
not  a  railroad  company  owning  any  cars  operated  for 
profit  on  any  railroad  in  this  State,  shall  pay  to  the 
State  an  annual  tax,  as  of  the  first  day  of  April  of  each 
year,  upon  the  actual  value  of  its  property  and  estate 
used  in  its  ordinary  business  which  would  not  be  ex- 
empt from  taxation  if  owned  by  a  natural  person  or 
ordinary  business  corporation,  at  a  rate  as  nearly  equal 
as  may  be  to  the  average  rate  of  taxation  at  that  time 
upon   other  property  throughout  the   State. 

Savings-bank  deposits,  etc.,  excepted.  §  12.  The  tax 
commission,  in  determining  said  average  rate  of  taxation 
shall  except  and  not  consider  all  property  specially 
taxed,  savings-bank  deposits  and  polls. 

Hearings  to  determine  value  of  corporate  property.  §  13. 
The  tax  commission  in  determining  the  actual  value  of 
the  property  and  estate  of  said  corporations  or  compa- 
nies, shall  hold  public  hearings  at  times  and  places, 
notices  of  which  shall  be  given  in  advance.  Representa- 
tives of  the  State  and  of  such  corporations  and  compa- 
nies and  other  persons  shall  be  entitled  to  appear,  be 
heard  and  offer  evidence.  The  tax  commission  shall  re- 
ceive afid  consider  all  evidence  tending  to  show  the 
actual  value  of  the  property  and  estate  of  said  corpora- 
tions and  companies  used  in  their  ordinary  business 
in  this  State  and  not  exempt  from  taxation,  and  upon 
all  the  evidence  determine  the  actual  value  of  the  same. 

Elements  to  be  considered  in  determining  value.  §  14. 
In  determining  the  actual  value  of  the  property  and 
estate  in  this  State  of  any  such  corporation  or  company, 
the  tax  commission  shall  make  careful  inquiry  into  the 
condition    of    all    of    the    property    and    estate,    whether 


within  or  without  the  State,  in  order  that  the  actual 
value  of  all  that  portion  of  the  property  and  estate 
of  such  corporation  or  company  as  is  within  this  State, 
used  in  their  ordinary  business  in  this  State  and  not 
exempt  from  taxation  may  be  accurately  fixed  and  deter- 
mined. It  shall  ascertain  and  consider  as  evidence  the 
fair  average  market  value  of  the  stocks  and  bonds  for 
one  year  prior  to  the  first  day  of  April  preceding  the 
assessment  and  the  fair  market  value  of  any  other 
funded  or  floating  debt  of  any  such  corporation  or  com- 
I)any  representing  permanent  improvements  or  exten- 
sions. In  any  case  where  the  market  value  of  the  stocks 
and  bonds  of  such  corporation  or  company  cannot  be 
ascertained  for  want  of  actual  market  sales,  or  for  any 
other  reason,  the  net  receipts  of  any  such  corporation 
or  company,  which  shall  be  the  difference  between  the 
gross  earnings,  whether  by  lease  or  by  operation,  and 
the  operating  expenses  and  taxes  of  the  preceding  year, 
capitalized  at  such  per  cent  as  appears  to  be  equitable 
under  all  the  circumstances,  shall  be  considered  as  evi- 
dence of  the  value  of  the  property  and  estate  of  such 
corporation  or  company. 

When  only  part  of  corporate  property  located  in  this 
State.  §  15.  When  only  a  portion  of  the  property  and 
estate  of  any  such  corporation  or  company  is  located 
within  the  State,  the  tax  commission,  in  determining  the 
actual  value  to  all  the  property  and  estate  of  such  cor- 
poration or  company.  In  making  a  proportionate  valu- 
ation, the  commission  shall  take  into  consideration 
among  other  things: 

(a)  In  the  case  of  railroads  and  railways  the  projior- 
tion  of  the  total  trackage  of  each  railroad  within  Ihia 
State   to   the   total   trackage   wherever   situate. 

(b)  In  the  case  of  telegraph  and  telephone  corpnra- 
tions  or  companies,  the  proportion  of  the  total  length 
of  the  lines  of  each  such  company  within  the  State 
to  the  total  length  of  its  lines,  wherever  situate. 

(c)  In  the  case  of  parlor,  sleeping  and  dining  car 
corporations  or  companies,  or  other  corporations  or  c  )m- 
panies  not  railroad  companies  owning  any  cars  operated 
for  profit  on  any  railroad  in  this  State,  the  proport  ion 
of  the  total  number  of  car-miles  or  the  number  of  m  les 
traversed  by  its  cars,  taken  singly,  within  the  Stite, 
during  the  preceding  year,  to  the  total  number  of  8  ich 
car-miles  during  the  same  period,  both  within  and  w  th- 
out   the   State. 

(d)  In  the  case  of  express  corporations  or  con  pa- 
nies,  the  proportion  of  the  whole  length  of  the  lines  of 
rail  and  water  routes  over  which  the  company  did 
business  within  the  State  during  the  preceding  year  to 
the  whole  length  of  such  lines  over  which  it  did  busir  es8 
both  within  and  without  the  Slate  during  such  year. 

Annual  statements  by  corporations.  §  16.  Every  e  ich 
corporation  or  company  shall,  on  or  before  the  first  lay 
of  July  annually,  deliver  to  the  tax  commission  a  st  ite- 
ment  under  oath,  showing  number  and  par  value  of  the 
shares  of  each  class  of  its  stock,  and  the  market  vi  lue 
of  each  share  as  of  the  first  day  of  April,  the  divide  ads 
paid  per  share  on  each  such  class  of  stock  during  the 
preceding  year  and  the  dates  of  such  payments,  the 
date  of  issue,  the  number  and  denomination  of  each  is  sue 
of  its  bonds,  the  interest  paid  during  the  preceding  y  >ar, 
and  the  market  value  of  each  of  said  bonds,  the  am(  unt 
of  its  floating  indebtedness,  with  the  interest  paid  on 
the  same,  and  the  average  market  value  of  said  floa  ing 
indebtedness  during  said  preceding  year,  the  gross  re- 
ceipts from  whatsoever  source  derived  for  said  preceding 
year,  the  amount  expended  from  said  receipts  for  op- 
erating expenses,  not  including  any  sum  expended  for 
physical  betterment  or  transferred  to  surplus  or  sink- 
ing funds  during  said  preceding  year,  the  amount  ex- 
pended for  physical  betterments  or  transferred  to  surplus  or 
sinking  funds  during  the  preceding  year,  and  whence  de- 
rived, and  the  amount  of  money  actually  on  hand  in  rash 
on  said  first  day  of  April.  Every  railroad  or  railway  cc  rpo- 
ration  or  company  shall,  in  addition,  state  its  total  track- 
age whether  within  or  without  the  State  and  its  lotal 
trackage  within  this  State;  every  express  corporatioi  or 
company,  the  whole  length  of  the  lines  of  rail  or  water 
routes  over  which  the  company  did  business  during  the 
preceding  year,  whether  within  or  without  the  State,  and 
the  whole  length  of  such  lines  within  this  State;  every 
telegraph  or  telephone  corporation  or  company,  the  total 


Public  SebtTce  Laws 


90r 


length  of  Its  lines,  whether  within  or  without  the  State, 
and  the  total  length  of  its  lines  within  this  State;  and 
every  parlor,  sleeping  or  dining  car  corporation  or  com- 
pany or  other  corporation  or  company  not  a  railroad  com- 
pany owning  any  cars  operated  for  profit  on  any  railroad 
in  this  State,  the  total  number  of  car-miles,  of  the  number 
of  miles  traversed  by  its  cars,  taken  singly,  whether  with- 
in or  without  the  State  during  the  preceding  year,  and  the 
total  number  of  such  car-miles  during  the  same  period 
within  the  State.  Such  corporations  or  companies  shall 
also  furnish  to  the  commission  such  further  information 
and  evidence  as  may  be  required  by  it. 

Neglect  to  furnish  statement,  doomage  lor.  §  17.  It  any 
such  corporation  or  company  shall  neglect  seasonably 
to  furnish  the  aforesaid  required  evidence  or  to  lay 
the  required  evidence  before  the  commission,  such  cor- 
poration or  company  may  be  doomed  to  pay  a  tax  on 
double  the  value  of  its  property  and  estate  subject  to 
taxation. 

Decisions  and  rehearings.  §  18.  The  tax  commission 
prior  to  the  last  day  of  September  in  each  year  shall 
file  with  the  State  treasurer  certificates  of  their  deci- 
sions. The  State,  or  any  such  corporation  or  company, 
may  at  any  time  within  30  days  from  the  filing  of  the 
decision,  move  for  a  rehearing.  The  tax  commission 
may,  for  cause  shown,  allow  the  motion  and  shall  have 
authority  to  give  further  hearing  and  increase  or  abate 
the  tax  as  justice  may  require.  Notice  shall  be  given 
the  State  treasurer  of  the  order  or  decision  made  upon 
such  a  motion. 

Right  of  appeal.  §  19.  The  State,  or  any  corporation  or 
company,  against  whom  a  tax  is  assessed,  if  aggrieved 
by  the  decision  of  the  tax  commission  may  apply  to  tha 
Superior  Court  for  relief  at  any  time  within  90  days  after 
the  filing  of  the  decision.  Whenever  a  motion  for  ai 
rehearing  is  filed  the  time  within  which  an  appeal  may 
be  taken  shall  not  begin  to  run  until  final  decision  upon 
the  motion  for  rehearing  shall  have  been  made  by  the 
tax  commission.  The  Superior  Court  upon  appeal  shall 
give  to  the  parties  such  notice  and  hearing  and  shall 
make  such  orders  or  decisions  concerning  all  matters 
involved  in  or  collateral  to  the  proceedings  as  justice 
may  require.  The  attorney-general  shall  attend  the 
bearings  given  by  the  tax  commission  in  pursuance  of 
§  13  of  this  Act  and  shall  prosecute  an  appeal  in  behalf 
of  the  State  wherever  such  an  appeal  may  be  necessary 
to   protect   the   interests   of  the   State. 

Payment  of  tax  not  delayed  hy  appeal.  §  20.  The  pend- 
ency of  the  proceedings  under  §  §  18  and  19  of  this  Act 
shall  not  be  a  cause  of  delay  in  the  payment  of  any 
tax.  If  upon  such  proceedings  a  decision  for  the  re- 
duction of  any  tax  shall  be  rendered,  the  State  treas- 
urer shall  credit  and  allow  such  reduction  upon  any 
tax  assessed  against  the  party  entitled  to  the  .same,  and 
payable  after  the  rendition  of  such  dicision.  If  upon 
such  proceedings  it  shall  appear  that  the  tax  against 
any  such  corporation  or  company  was  too  small,  the 
difference  shall  be  paid  by  the  corporation  or  company 
concerned  as  of  the  date  of  the  decision. 

Certain  facts  to  appear  in  report.  %  21.  The  tax  com- 
mission shall  incorporate  in  its  report  all  facts  as  to 
the  total  market  value  of  the  stocks  and  bonds  and  other 
funded  or  floating  debt  of  such  corporation  or  company 
and  the  capitalized  value  ascertained  as  herein  provided, 
all  facts  relative  to  the  total  trackage  of  such  railroad 
or  railway  corporation  or  company,  the  total  length  of 
lines  of  each  telegraph  or  telephone  corporation  or  com- 
pany, the  total  number  of  car-miles  of  each  parlor,  sleep- 
ing or  dining  car  corporation  or  company,  and  the  total 
length  of  lines  of  rail  or  water  routes  of  each  express 
corporation  or  company,  together  with  such  other  Infor- 
mation  as  it  may  deem  proper. 

Taxes  when  payable.  §  22.  Upon  receipt  of  said  cer- 
tificates of  decisions,  the  State  treasurer  shall  notify 
the  parties  against  whom  taxes  have  been  assessed  and 
such  taxes  shall  be  paid  on  or  before  the  fifteenth  of 
October  of  the  same  year. 

Extend  for  unpaid  taxes  and  interest.  §  23.  If  any  such 
tax  is  not  paid  when  due,  Interest  at  the  rate  of  10  per 
cent  per  annum  shall  be  added  thereto  from  that  date 
until  the  time  of  payment;  and  the  State  treasurer  shall 
issue  his  extent  for  the  sum  unpaid  and  interest  against 


the  company  or  corporation  in  default;  and  all  the  prop- 
erty owned  by  such  company  or  corporation  on  the  first 
day  of  April  preceding  shall  be  liable  for  the  payment 
thereof. 

Real  estate  of  railroads,  etc.,  how  taxed.  §  24.  The  real 
estate  of  any  railroad,  railway,  express,  telephone  and 
telegraph  corporation  or  company,  and  parlor,  sleeping 
or  dining  car  corporation  or  company,  or  other  corpora- 
tions or  companies  not  railroad  companies  owning  any 
cars  operated  for  profit  on  any  railroad  in  this  State, 
not  used  in  its  ordinary  business  shall  be  appraised 
and  taxed  by  the  authorities  of  the  towns  and  cities  in 
which  it  is  situated,  as  provided  by  existing  laws. 

"Company,"  meaning  of.  §  25.  The  word  "company"  as 
used  in  §  11  of  this  Act  shall  apply  to  all  persons,  co- 
partnerships or  associations.  The  term  "express  corpo- 
ration or  company"  shall  be  construed  to  mean  any  cor- 
poration or  company  engaged  in  the  business  of  trans- 
porting property  as  express  over  the  lines  of  railroads. 

Repeal.  §  26.  Chapter  63  of  the  Public  Statutes  relating 
to  the  State  board  of  equalization  is  hereby  repealed. 
I  §  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11  and  12  chapter  64  of 
the  Public  Statutes,  §  §  8  and  9  of  chapter  15  of  the  Pub- 
lic Statutes,  §  §  3  and  4  of  chapter  57  of  the  Public  Stat- 
utes, chapter  91  of  the  Laws  of  1907  and  chapter  81  of 
the  Laws  of  1907,  are  hereby  repealed;  said  repeal  to 
take  effect  March  31,  1912,  provided  that  said  repeal 
shall  in  no  way  affect  any  rights  in  or  to  any  taxes 
assessed  under  said  laws,  but  as  to  any  such  taxes  said 
laws  shall  be  in  force  and  effect. 

In  effect  forthwith — Exception.  §  27.  This  Act  shall 
take  effect  upon  its  passage,  except  §  §  11  to  25,  inclu- 
sive, which  shall  take  effect  March  31,  1912. 

Approved  April  15,  1911. 

APPROPRIATION. 

From  the  New  Hampshire  appropriation  bill  for  the^ 
fiscal  year  ending  August  31,  1913: 

For  the  public  service  commission  department,  $23,- 
500,  as  follows:  for  salaries  $12,000;  for  experts,  clerks 
and  assistants,  $7,500;  for  expenses  of  commissioners, 
$1,600;    for   incidentals,   including   printing,   etc.,   $3,000. 

For  permanent  tax  commission  department,  $15,000, 
as  follows:  For  salaries,  $8,000;  for  clerical  expenses, 
$1,000;  for  expenses  of  commissioners,  $1,500;  for  in- 
cidentals, including  printing,  $4,000;  for  printing  report,. 
$500. 

FREE    TBANSPOBTATION. 

Stockholders  to  he  given  preference — Notice  of  increase, 
officers — Penalty.  §  1.  Any  person  who  being  governor, 
member  of  the  executive  council,  member  or  member- 
elect  of  the  General  Court,  justice  of  the  Supreme 
Court,  justice  of  the  Superior  Court,  judge  of  probate, 
justice  of  a  Police  or  Municipal  Court,  county  solicitor, 
county  sheriff,  county  commissioner,  or  a  salaried  State 
officer,  appointed  by  the  governor  and  council  or  elected 
by  the  legislature,  whose  transportation  expenses  are 
made  by  statute,  a  charge  upon  the  State  treasury,  and 
for  whose  transportation  authority  is  provided  in  §  2 
of  this  Act,  who  requests  for  himself  or  another,  ac- 
cepts or  uses  any  free  pass  upon  a  steam  railroad,  or 
any  ticket  which  entitles  him  to  transportation  upon 
a  steam  railroad  for  which  he  has  paid  a  less  price  than 
is  demanded  of  the  public  generally,  and  an  officer, 
agent  or  employe  of  a  steam  railroad  corporation  who 
knowingly  issues,  delivers  or  offers  to  any  person 
hereinbefore  mentioned,  or  to  or  for  any  other  person  at 
the  request,  solicitation  or  procurement  of  any  such 
person  a  free  pass  or  any  ticket  which  entitles  him  to 
transportation  at  a  less  rate  of  fare  than  is  demanded 
of  the  public  generally,  shall  be  punished  by  a  fine  of 
not  less  than  $100,  nor  more  than  $1,000. 

Governor  to  contract  for  transportation  of  certain  pub- 
lic officers.  §  2.  The  governor  is  hereby  authorized  and 
directed  to  contract  prior  to  each  regular  and  extra 
session  of  the  General  Court,  for  the  steam  railroad 
transportation  of  the  members,  officers  and  employes  of 
the  same;  the  governor  is  also  hereby  authorized  and  di- 
rected to  contract  for  the  transportation  of  the  salaried 
State  officers,  appointed  by  the  governor  and  council 
or    elected   by   the   legislature,   whose   transportation    ex- 


908 


National  Association  of  Eailway  Commissioners 


penses  are  made,  by  statute,  a  charge  upon  the  State 
treasury,  during  their  respective  terms  of  office.  Said 
contract  shall  be  made  in  the  name  of  the  State  and  the 
cost  thereof  shall  be  paid  from  the  treasury  upon  the 
warrant  of  the  governor.  Such  payment  shall  be  in  lieu 
of  all  mileage  of  members  and  officers  of  the  general 
Court  now  provided  by  statute,  except  that  the  members 
and  officers  of  the  General  Court  who  reside  more  than 
two  miles  from  the  nearest  railroad  station  shall  each 
receive  20  cents  per  mile  for  their  travel  to  and  from 
their  homes  to  such  railroad  station  each  week;  and 
such  payment  for  the  transportation  of  salaried  officers 
shall  be  a  full  discharge  of  the  State  for  all  transporta- 
tion expenses  of  such  State  officers  on  steam  railroads. 

Railroad  passes  not  to  be  issued  to  or  used  by  delegates 
to  political  conventions — Penalty.  §  3.  Any  person  being, 
or  serving  as  a  delegate  to  a  political  convention  within 
the  State  of  New  Hampshire,  who  requests,  accepts  or 
uses  any  tree  pass,  or  any  ticket  which  entitles  him  to 
transportation  upon  any  steam  railroad  in  New  Hamp- 
shire, to  or  from  the  political  convention  in  which  he  is 
to  serve  as  a  delegate,  for  which  he  has  paid  a  less 
price  than  is  at  the  time  demanded  of  the  public  gener- 
ally for  like  transportation;  and  any  officer,  agent  or 
employe  of  a  steam  railroad  corporation  who  issues,  de- 
livers "or  offers  to  any  such  person,  knowing  him  to  be 
a  delegate  as  aforesaid,  a  free  pass,  or  any  ticket  which 
entitles  him  to  transportation  to  or  from  the  political 
convention  in  which  he  is  to  serve  as  a  delegate,  at  a 
less  rate  of  fare  than  is  at  the  time  demanded  of  the 
public  generally  for  like  transportation,  shall  be  punished 
by  a  fine  of  not  less  than  $100  nor  more  than  ?1,000. 

Exceptions  to  general  provisions.  §  4.  The  inhibitions 
of  this  Act  shall  not  apply  to  any  railroad  official,  or 
employes  or  their  families,  or  agents,  surgeons,  attor- 
neys-at-law,  or  witnesses  attending  any  investigation  or 
trial   in   which   they   are   interested. 

Repealing  clause — Mileage  tickets  not  affected.  §  5.  AU 
Acts  or  parts  of  Acts  inconsistent  with  this  Act  are 
hereby  repealed;  but  nothing  herein  contained  shall  be 
construed  as  affecting  the  provisions  of  §  4,  chapter  160 
of   the   Public  Statutes. 

Approved   March  22,  1907. 

ACT  OF  1909. 

Meaning  of  certain  words.  §  1.  (1)  The  word  "car- 
rier as  used  in  this  Act  shall  be  construed  to  mean  all 
common   carriers  of   passengers,   including  railroads. 

(2)  The  words  "employes,"  "surgeons,"  "physicians" 
and  "attorneys-at-law,"  as  used  in  this  Act,  shall  be  con- 
strued to  mean  only  such  persons  of  each  of  such  classes 
as  are  in  the  employment  of  the  carrier  in  the  trans- 
action of  its  business.  The  word  "employe"  as  used  in 
this  Act  shall  not  be  construed  so  as  to  include  politi- 
cal legislative  agents. 

Free  transportation  prohibited — Exceptions.  §  2.  No 
carrier  shall,  directly  or  indirectly,  issue  or  give  any  free 
ticket,  free  pass  or  free  transportation  for  passengers 
between  points  within  this  State,  except  to  its  officers 
and  employes  and  their  families,  to  its  surgeons,  physi- 
cians and  attorneys-at-law,  to  ministers  of  religion,  trav- 
eling secretaries  of  Railroad  Young  Men's  Christian  As- 
sociations, inmates  of  hospitals  and  charitable  and  elee- 
mosynary institutions,  and  persons  exclusively  engaged 
in  charitable  and  eleemosynary  work;  to  indigent,  desti- 
tute and  homeless  persons;  and  to  such  persons  when 
transported  by  charitable  societies  or  hospitals,  and  the 
necessary  agents  employed  in  such  transportation;  to 
inmates  of  the  national  homes  or  State  homes  for  dis- 
abled volunteer  soldiers,  and  of  soldiers'  and  sailors' 
homes,  including  those  about  to  enter  and  those  re- 
turning home  after  discharge;  to  the  officers  and  execu- 
tive board  of  the  New  Hampshire  Veteran  Association 
for  the  exclusive  purposes  of  arranging  for  its  annual 
reunions;  to  necessary  caretakers  of  live  stock,  poultry, 
fruit  and  perishable  property;  to  employes  on  parlor, 
sleeping,  dining  and  express  cars,  and  to  linemen  and 
other  employes  of  telegraph  and  telephone  companies; 
to  rail*ay  mail  service  employes,  post-office  inspectors, 
customs  Inspectors  and  Immigration  inspectors;  to  police- 
men and  firemen  while  in  discharge  of  their  duties;  to 
newsboys  and  vendors  on  trains,  baggage  agents,  witnesses 
attending  any  legal  investig&.tion  in  which  the  carrier  is 


interested,  persons  injured  in  wrecks  and  physicians  and 
nurses  attending  such  persons;  provided,  that  the  fore- 
going provisions  shall  not  be  construed  to  prohibit  the 
issue,  or  giving  of  passes  for  the  officers  and  employes 
of  other  railroads  or  common  carriers;  nor  to  prohibit 
any  carrier  from  carrying  passengers  free  with  the  object 
of  providing  relief  in  cases  of  general  epidemic,  p<!sti- 
lence,  or  other  calamitous  visitation. 

To  newspaper  publishers,  etc.,  prohibited.  §  3.  No  com- 
mon carrier  shall  sell  or  furnish  transportation  to  any 
newspaper  publisher,  his  agents  or  employes  at  any 
special  or  reduced  rates,  for  services  rendered  or  to  be 
rendered,  and  all  contracts  for  advertising  between  news- 
paper publishers  and  common  carriers  shall  be  made  at 
regular  rates,  and  all  payments  under  such  contracts 
shall  be  made  in  full,  and  such  contracts  shall  be  open 
to  inspection  by  the  attorney-general  at  all  times. 

Evasion  by  special  rates.  §  4.  No  carrier  shall  directly 
or  indirectly  issue  or  give  transportation  to  any  person 
at  a  special  or  reduced  rate,  or  otherwise,  with  the  pur- 
pose of  evading  the  provisions  of  the  preceding  sections. 
Carriers  to  keep  list  of  passes.  §  5.  Every  carrier  shall 
keep  a  correct  list  of  all  passes  by  it  issued,  ex'^ept 
those  issued  to  its  employes  and  their  families  and  ex- 
change, interstate  passes  issued  under  the  laws  of  the 
United  States.  Such  list  shall  contain  the  name  ol 
each  person  to  whom  a  pass  is  issued  and  a  general  de 
scription  of  said  pass.  A  copy  of  such  list  for  the  pre- 
ceding year  in  such  form  as  the  attorney-general  nay 
prescribe,  shall  be  filed  with  the  attorney-general,  for  his 
use  in  the  month  of  January  in  each  year  and  shal  be 
a  public  record;  open  to  public  inspection  under  such  reg 
ulations  as  the  attorney-general  may  prescribe.  £  ucli 
list  together  with  the  books,  records  and  papers  of  tht 
carrier  so  far  as  relevant,  shall  be  open  at  all  time .  tc 
to  the  inspection  of  the  attorney-general,  who  shall  ex 
amine  the  same  whenever  he  deems  it  necessary  to  th« 
due   enforcement   of   this   Act. 

Penalties  for  violation.  §  6.  Any  carrier  and  any  offl 
cer  or  agent  of  a  carrier  violating  any  of  the  foregi  inj 
provisions  shall,  on  conviction,  be  fined  not  less  1  hai 
$100  nor  more  than  $1,000.  Any  person,  other  than  th< 
persons  excepted  from  the  provisions  of  the  foreg  'inf 
section,  who  uses  any  such  free  ticket,  free  pass,  1  ree 
special  or  reduced  fare  transportation  shall,  upon  ;on 
viction,  be  fined  not  less  than  $100  nor  more  1  tiai 
$1,000. 

Particeps  criminis,  testimony  of.  §  7.  No  person  s  hal 
be  excused  from  testifying  in  a  proceeding  instit  ite( 
against  another  person  or  corporation  under  the  :  ore 
going  sections  for  the  reason  that  he  may  thereby  c  ini 
inat«  himself;  but  no  testimony  so  given  by  him  i  hal 
be  used  directly  or  indirectly,  as  evidence  against  bin 
in  any  prosecution,  nor  shall  he  be  prosecuted  there;  fte: 
for  any  offense  so  disclosed  by  him. 

Limitation  of  Act.  §  8.  Nothing  contained  In  this  Ac 
shall  in  any  way  affect  the  provisions  of  chapter  15! 
of  the  Public  Statutes,  or  chapter  79  of  the  Laws  of  :  907 
entitled  "An  Act  to  prohibit  free  transportation  by  on 
mon    carriers    and    for    other   purposes." 

Repealing  clause — Act  takes  effect  on  passage.    §  9.   A] 
Acts   and    parts   of   Acts    inconsistent   with   this   Act   ar 
hereby  repealed  and  this  Act  shall  take  effect  upoK 
passage. 

Approved  April  8,  1909. 


K>l  J| 

i 


WEEKLY  PAYMENT  OF  WAGES. 

Certain  employers  to  pay  wages  weekly.  §  1.  Thai ' 
tlon  21,  chapter  180,  of  the  Public  Statutes  be  and  hereby  i 
amended  by  striking  out  the  word  "horse"  before  th 
word  "railroad,"  so  that  said  section  when  ame  idei 
shall  read  as  follows:  §21.  Every  manufacturing,  mil 
ing,  quarrying,  stone-cutting,  mercantile,  railroad,  tel« 
graph,  telephone,  express,  aqueduct  and  municipal  col 
poration  employing  more  than  10  persons  at  one  tim 
shall  pay  the  wages  earned  each  week  by  their  en 
ployes  who  work  by  the  day  or  week  within  eight  day 
after  the  expiration  of  the  week,  or  upon  demand  afte 
that  time.  Every  such  corporation  shall  post  a  notic 
in  a  conspicuous  place  In  its  office  that  It  will  pay  it 
employes  wages  as  above,  and  shall  keep  the  same  s 
posted. 

Approved  April  9,  1909. 


Public  Service  Laws 


909 


EXPRESS    CHARGES. 

Railroad  commissioners  may  regulate  charges.  §  1.  The 
ratlroad  commissioners  upon  tlie  petition  of  any  party  in- 
terested shall,  after  full  hearing  and  investigation,  fix 
the  reasonable  charges  to  be  made  by  any  express  com- 
panies within  the  State  for  the  transportation  of  goods 
and  merchandise,  jtnd  shall  change  the  same  from  time 
to  time  as  the  public  good  may  require;  subject  only  to 
an  appeal  to  the  Superior  Court,  .  such  rates  shall  be 
binding  upon  express  companies  from  the  time  that  they 
shall  be  notified  by  the  commissioners.  The  word  "com- 
pany" as  used  in  his  Act  shall  apply  to  all  persons, 
copartnerships,  associations  or  corporations  doing  an 
express  business  in  this   State. 

Repealing  clause-^Act  takes  effect  on  passage.  §  2.  All 
Acts  and  parts  of  Acts  inconsistent  with  this  Act  are 
hereby  repealed  and  this  Act  shall  take  effect  upon  its 
passage. 

Approved   April   2,   1907. 

NEW    BAILKOAD    STOCK. 

Stockholders  to  be  given  preference — Notice  of  increase, 
how  given.  §  1.  Any  railroad  company  which  is  in  actual 
possession  of  and  operating  a  railroad  shall,  upon  any 
Increase  of  its  capital  stock,  except  as  provided  in  the 
following  section,  offer  the  new  shares  proportionately 
to  its  stockholders  at  such  price  not  less  than  the  par 
value  thereof  as  may  be  determined  by  its  stockholders. 
The  directors  upon  the  approval  of  such  increase,  as 
provided  in  chapter  19  of  the  Laws  of  1897,  shall  cause 
written  notice  of  such  increase  to  be  given  to  each 
stockholder  of  record  upon  the  books  of  the  company  at 
the  date  of  the  vote  to  increase,  stating  the  amount  of 
the  increase,  the  number  of  shares  or  fractions  of  shares 
to  which,  according  to  the  proportionate  number  of  his 
shares  at  the  date  of  the  vote  to  increase,  he  is  entitled, 
the  price  at  which  he  is  entitled  to  take  them,  and  fixing 
a  time  not  less  than  15  days  after  the  date  of  such  vote 
to  increase  within  which  he  may  subscribe  for  such  ad- 
ditional stock.  Each  stockholder  may  within  the  time 
limited  subscribe  for  his  portion  of  such  stock,  which 
shall  be  paid  for  in  cash  before  the  issue  of  a  certifi- 
cate therefor. 

//  increase  not  over  four  per  cent,  new  shares  may  be 
sold  by  auction.  §  2.  If  the  increase  in  the  capital  stock 
which  is  subject  to  the  provisions  of  the  preceding 
section  does  not  exceed  4  per  cent  of  the  existing  cap- 
ital stock  of  the  company,  the  directors,  without  first 
offering  the  same  to  the  stockholders,  may  sell  shares 
by  auction  to  the  highest  bidder,  at  not  less  than  the 
par  value  thereof,  to  be  actually  paid  in  cash.  They 
may  also  so  sell  at  public  auction  any  shares,  which, 
after  the  expiration  of  the  time  limited  in  the  notice 
required  by  the  preceding  section  remain  unsubscribed 
for  by  the  stockholders  entitled  to  take  them.  Such 
shares  shall  be  offered  for  sale  in  the  city  of  Boston, 
or  in  such  other  city  or  town  as  may  be  prescribed  by 
the  board  of  railroad  commissioners;  and  notice  of  the 
time  and  place  of  such  sale  shall  be  published  at  least 
five  times  during  the  10  days  immediately  preceding  the 
sale  in  each  of  at  least  three  of  such  daily  newspapers 
as  may  be  prescribed  by  said  board.  No  shares  shall  be 
sold  or  issued  under  this  or  the  preceding  section  for 
a  less  amount  to  be  actually  paid  in  cash  than  the  par 
value  thereof. 

Amount  issued  to  be  based  on  price  fixed.     §  3.     The 


determination  by  the  board  of  railroad  commissioners, 
under  tlie  provisions  of  chapter  19  of  the  Laws  of  1897, 
as  to  the  amount  of  stock  .which  is  reasonably  necessary 
for  the  purpose  for  which  such  stock  has  been  author- 
ized shall,  in  the  case  of  the  corporations  described  in 
this  Act,  be  based  upon  the  price  at  which  such  stock  Is 
to  be  issued  as  fixed  by  the  stockholders;  provided,  that 
the  board  shall  refuse  to  approve  any  particular  issue 
of  stock  if,  in  the  opinion  of  the  board,  the  price  fixed 
by  the  stockholders  is  so  low  as  to  be  inconsistent  with 
the  public  interest.  ' 

Repealing  clause.  §  4.  All  Acts  and  parts  of  Acts  in- 
consistent herewith  are  hereby  repealed,  so  far  as  they 
apply   to   corporations  described  in   this  Act. 

Takes  effect  on  passage.  §  5.  This  A^t  shall  take  effect 
upon    its    passage. 

Approved    March    10,    1909. 

TAXATION   OF  BAILBOADS. 

Railroads,  how  taxed.  §  1.  Section  1  of  chapter  64 
of  the  Public  Statutes  is  hereby  amended-'^by  adding  to 
the  end  of  said  section  the  following:  Excepting  prop- 
erty specially  taxed,  savings-bank  deposits  and  polls,  so 
that  said  section  as  amended  will  read:  §  1.  Every  rail- 
road corporation  in  this  State,  not  exempted  from  taxa- 
tion shall  pay  to  the  State  an  annual  tax  upon  the  actual 
value  of  its  road,  rolling  stock  and  equipments  on  the 
first  day  of  April  of  each  year,  at  a  rate  as  nearly  equal 
as  may  be  to  the  average  rate  of  taxation  at  that  time 
upon  other  property  throughout  the  State,  excepting 
property  specially  taxed,  savings-bank  deposits,  and  polls. 

Takes  effect  on  passage.  §  2.  This  act  shall  take  effect 
upon  its  passage. 

Approved    March    11,    1909. 

MILEAGE. 

To  be  issued  good  for  bearer.  §  1.  All  steam  railroads 
operating  a  passenger  service  in  this  State  which  at  the 
date  of  the  passage  of  this  Act  do  not  issue  one  thousand 
mile  mileage  books  good  for  transportation  of  the  bearer 
over  all  their  lines  in  this  State,  shall  hereafter  issue 
such  books  at  the  rate  of  2  cents  a  mile,  and  keep  them 
on  sale  at  its  ticket  offices  in  this  State;  provided  that 
nothing  in  this  Act  contained  shall  compel  the  issuance 
of  such  mileage  books  for  transportation  over  the  Mount 
Washington  Railway,  or  between  Bethlehem  Junction 
and  Bethlehem,  Bethlehem  Junction  and  the  Profile 
House  or  between  Fabyans  and  the  base  of  Mount 
Washington. 

Penalty  for  neglect.  §  2.  Any  such  railroad  neglecting 
to  issue  such  mileage  books  or  to  keep  them  on  sale  as 
above  provided,  shall  be  fined  $100  for  each  day  of  such 
neglect  after  the  expiration  of  one  month  from  the  pas- 
sage of  this  Act. 

Takes  effect  on  passage.  §  3.  This  Act  shall  take  effect 
upon  its  passage. 

Approved  March  31,  1909. 

LICENSING    OF    BOATS. 

Railroad  commissioners  to  make  regulations.  §  4.  The 
board  of  railroad  commissioners  shall  prescribe  rules 
and  regulations  governing  the  inspection  and  licensing 
of  all  boats  referred  to  In  this  Act  and  the  equipment 
and  operation  thereof,  copies  of  which  shall  be  furnished 
to  the  owners  or  lessees  and  by  them  posted  in  con- 
spicuous places  on  such  boats. 


PUBLIC  SERVICE  LAWS  OF  NEW  JERSEY 


CONSTITUTIONAL  PROVISIONS. 

(I.  General  Statutes  of  New  Jersey,  1895,  page  26.) 

ARTICLE  IV.     LEGISLATIVE. 

§  8.  Individuals  or  private  corporations  shall  not  be 
authorized  to  take  private  property  for  public  use,  with- 
out just  compensation  first  made  to  the  owners. 

§  9.  N  private,  special  or  local  bill  shall  be  passed 
unless  public  notice  of  the  Intention  to  apply  therefor, 
and  of  the  general  object  thereof,  shall  have  been  pre- 
viously given.  The  legislature,  at  the  next  session  after 
the  adoption  thereof,   and  from  time  to  time  thereafter. 


shall  prescribe  the  time  and  mode  of  giving  such  notice, 
the  evidence  thereof,  and  how  such  evidence  shall  be 
preserved.      (Introduced    by   amendment.) 

§  11.  The  legislature  shall  not  pass  private,  local  or 
special  laws  in  any  of  the  following  enumerated  cases, 
that  is  to  say:  *  *  *  Granting  to  any  corporation, 
association  or  individual  any  exclusive  privilege,  im- 
munity  or  franchise  whatever.  , 

Granting  to  any  corporation,  association  or  individual 
the  right  to  lay  down  railroad  tracks.  *  »  *  The 
legislature  shall  pass  general  laws  providing  for  the 
cases   enumerated   in   this   paragraph,   and   for   all   other 


910 


National  Association  of  Railway  Commissioners 


cases  which,  in  its  judgment,  may  be  provided  by  general 
laws.  The  legislature  shall  pass  no  special  Act  confer- 
ring corporate  powers,  but  they  shall  pass  general  laws 
under  which  corporations  may  be  organized  and  cor- 
porate powers  of  every  nature  obtained,  subject,  never- 
theless, to  repeal  or  alteration  at  the  will  of  the  legis- 
lature.     (As   amended.) 

STATUTE  LAW. 

PUBLIC    UTILITIES    ACT    OF    1911. 

An  Act  concerning  public  utilities;    to  create  a  board  of 

public  utility  commissioners  and  to  prescribe  its  duties 

and  powers. 
Be  it  enacted  by  the  senate  and  general  assembly  of  the 
State  of  New  Jersey: 

I. 

Appointment  of  board — Name.  §  1.  There  shall  be  a 
commission  vested  with  the  powers  and  duties  hereinafter 
specified,  which  shall  consist  of  three  persons,  citizens  of 
this  State,  not  under  thirty  years  of  age,  who  shall  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  con- 
sent of  the  senate,  and  who  shall  constitute  and  be  des- 
ignated and  known  as  the  board  of  public  utility  commis- 
sioners. 

Continuation  of  present  board — Vacancies — Removal  by 
governor.  §  2.  The  board  of  public  utility  commissioners, 
as  heretofore  constituted,  shall  be  the  board  of  public 
utility  commissioners  under  this  Act  until  the  expiration 
of  the  term  of  office  of  each  of  said  commissioners  re- 
spectively, and  at  the  expiration  of  their  respective  terms 
a  successor  shall  be  appointed  for  the  term  of  six  years 
from  the  date  of  such  expiration.  All  vacancies,  except 
through  expiration  of  term,  shall  be  filled  for  the  unex- 
pired term  only.  The  governor  may  remove  any  commis- 
sioner for  neglect  of  duty  or  misconduct  in  office,  giving 
to  him  a  copy  of  the  charges  against  him  and  an  oppor- 
tunity of  being  publicly  heard  in  person  or  by  counsel  in 
his  own  defense  upon  not  less  than  10  days'  notice. 

Salaries  $7,500  each.  §  3.  The  members  of  said  board 
shall  each  receive  an  annual  compensation  of  $7,500.  to  be 
paid  in  equal  monthly  payments  by  the  treasurer  of  the 
State. 

Traveling  expenses  paid.  §  4.  'The  commissioners  and 
secretary  and  other  employes  of  said  board  shall  be  en- 
titled to  receive  from  the  State  of  New  Jersey  their  neces- 
sary traveling  expenses  while  traveling  on  the  business  of 
said  board,  which  shall  be  paid  on  proper  voucher  therefor, 
approved  by  the  president  of  said  board. 

Organization — Assistants.  §  5.  The  board  shall  organ- 
ize annually  by  the  election  of  a  president;  it  shall  ap- 
point a  secretary,  counsel  and  such  other  employes  as  it 
may  deem  necessary,  fix  their  duties,  compensation  and 
terms  of  service. 

Duties  of  secretary.  §  6.  The  secretary  shall  keep  full 
and  correct  minutes  of  all  of  the  transactions  and  pro- 
ceedings of  the  board;  perform  such  other  duties  as  may 
be  required  of  him,  and  shall  be  the  official  reporter  of  the 
proceedings  of  the  board. 

Publish  findings  and  decisions.  §  7.  The  board  shall 
furnish  its  secretary  such  of  its  findings  and  decisions  as, 
in  its  judgment,  may  be  of  general  public  interest;  the 
secretary  shall  compile  the  same  for  the  purpose  of  pub- 
lication in  a  series  of  volumes  to  be  designated  "Reports 
of  the  Board  of  Public  Utility  Commissioners  of  the  State 
of  New  Jersey,"  which  shall  be  published  in  such  form  and 
manner  as  may  be  best  adapted  for  public  information  and 
use,  and  such  authorized  publications  shall  be  competent 
evidence  of  the  reports  and  decisions  of  the  commission 
therein  contained  without  any  further  proof  or  authentica- 
tion thereof.  The  contents  of  said  reports  shall  not  be 
under  the  supervision  or  control  of  the  official  State  editor. 

Apparatus,  -etc.  §  8.  The  board  shall  purchase  such 
materials,  apparatus  and  standard  measuring  instruments 
as  it  may  deem  necessary. 

No  connections  with  public  utilities  or  government.  §  9. 
No  member  or  employe  of  said  board  shall  have  any  official 
or  professional  relation  or  connection  with,  or  hold  any 
stock  or  securities  in,  any  public  utility  as  herein  defined, 
operating  within  the  State  of  New  Jersey,  nor  hold  any 
other  office  of  profit  or  trust  under  the  government  of  this 
State  or  of  the  United  States. 

Offlce  and   meetings.     §  10.     The   board   shall   have   an 


office  in  the  State  house,  and  in  such  other  place  or  places 
as  it  may  designate,  and  shall  meet  at  such  times  and 
places  within  this  State  as  it  may  provide  by  rule  or  other- 
wise, and  shall  be  provided  with  all  necessary  furniture, 
stationery,  maps,  supplies  and  office  appliances. 

Rates.  §  11.  The  board  shall  have  the  power  to  make 
all  needful  rules  for  its  government  arid  other  proceedings 
not  inconsistent  with  this  Act,  and  shall  have  and  adopt 
a  common  seal. 

Total  expenses.  §  12.  The  total  expenses  of  the  board, 
including  salaries,  shall  not  exceed  $100,000  per  annum. 

Single  member  may  take  testimony.  §  13.  The  mem- 
bers of  the  board  are  hereby  empowered  to  sit  singly  for 
the  purpose  of  taking  testimony  in  any  proceeding.  A  ma- 
jority vote  of  the  board  shall  be  necessary  to  the  making 
of  any  order. 

Annual  report.  §  14.  The  board  shall  report  annually, 
on  or  before  the  first  day  of  January,  to  the  governor,  mak- 
ing such  recommendations  as  it  may  deem  proper,  which 
report  shall  be  laid  before  the  next  succeeding  legislature. 

Extent  of  supervision  —  "Public  utility"  defined.  §15. 
The  board  shall  have  general  supervision  and  regulation 
of,  jurisdiction  and  control  over,  all  public  utilities,  and 
also  over  their  property,  property  rights,  equipment,  facili- 
ties and  franchises  so  far  as  may  be  necessary  for  the 
purpose  of  carrying  out  the  provisions  of  this  Act.  Tbe 
term  "public  utility"  is  hereby  defined  to  include  every 
individual,  co-partnership,  association,  corporation  or  joint 
stock  company,  their  lessees,  trustees  or  receivers  a;)- 
pointed  by  any  court  whatsoever,  that  now  or  hereafter  may 
own,  operate,  manage  or  control  within  the  State  of  Nev 
Jersey  any  steam  railroad,  street  railway,  traction  railway, 
canal,  express,  subway,  pipe  line,  gas,  electric  light,  heat, 
power,  water,  oil,  sewer,  telephone,  telegraph  system,  plai  t 
or  equipment  for  public  use,  under  privileges  granted  c  r 
hereafter  to  be  granted  by  the  State  of  New  Jersey  or  ly 
any  political  subdivision  thereof.  ^  m 

II 

§  16.     The  board  shall  have  power: 

Powers  of  board — Investigations,  (a)  To  investigat  ?, 
upon  its  own  initiative,  or  upon  complaint  in  writing,  ar  y 
matter  concerning  any  public  utility  as  herein  defined. 

Appraise  and  value  property,  (b)  From  time  to  tin  e 
to  appraise  and  value  the  proi>erty  of  any  public  utility  i  s 
herein  defined,  whenever  in  the  judgment  of  said  board  it 
shall  be  necessary  so  to  do,  for  the  purpose  of  carrying  O'  t 
any  of  the  provisions  of  this  Act,  and  in  making  such  val  i- 
ation  the  board  may  have  access  to  and  use  any  booh  i. 
documents  or  records  in  the  possession  of  any  departme  it 
or  board  of  the  State  or  any  political  subdivision  theret  f. 

Fix  rates,  (c)  After  hearing,  upon  notice,  by  order  n 
writing,  to  fix  just  and  reasonable  individual  rates,  joi  it 
rates,  tolls,  charges  or  schedules  thereof,  as  well  as  co  n- 
mutation,  mileage  and  other  special  rates  which  shall  le 
imposed,  observed  and  followed  thereafter  by  any  pub  ic 
utility  as  herein  defined,  whenever  the  board  shall  ce- 
termine  any  existing  individual  rate,  joint  rate,  toll,  char  ,'e 
or  schedule  thereof  or  commutation,  mileage,  or  other  s]  e- 
cial  rate  to  be  unjust,  unreasonable,  insufficient  or  1  n- 
justly  discriminatory  or  preferential. 

Schedule  of  rates  to  be  filed,  (d)  To  require  evtry 
public  utility  as  herein  defined  to  file  with  it  compU  te 
schedules  of  every  classification  employed  and  of  ev«  ry 
individual  or  joint  rate,  toll,  fare  or  charge  made,  charged 
or  exacted  by  it  for  any  product  supplied  or  service  Tt  n- 
dered  within  this  State,  as  specified  in  such  requireme  it. 
.  Classification,  service,  etc,  (e)  After  hearing,  by  ore  .  r 
in  writing,  to  fix  just  and  reasonable  standards,  classifi  a- 
tions,  regulations,  practices,  measurements  or  service  to 
be  furnished,  imposed,  observed,  and  followed  thereat^ 
by  any  public  utility  as  herein  defined. 

Standards  for  electric  service,  etc.  (f)  After  hear 
by  order  in  writing,  to  ascertain  and  fix  adequate 
serviceable  standards  for  the  measurement  of  quantity, 
quality,  pressure,  initial  voltage  or  other  condition  per- 
taining to  the  supply  of  the  product  or  service  rendered 
by  any  public  utility  as  herein  defined,  and  to  prescribe 
reasonable  regulations  for  examination  and  test  of  such 
product  or  service  and  for  the  measurement  thereof. 

Meters,  (g)  After  hearing,  by  order  in  writing,  to 
establish  reasonable  rules,  regulations,  specifications  and 


ce  lo 
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anlH 
I  ana 


Public  Service  Laws 


911 


standards,  to  secure  the  accuracy  of  all  meters  and  appli- 
ances for  measurements. 

Test  appliances,  (h)  To  provide  for  the  examination 
any  test  of  any  and  all  appliances  used  for  the  measuring 
of  any  product  or  service  of  a  public  utility  as  herein  de- 
fined. 

Kight  to  enter  premises,  (i)  By  its  agents,  experts  or 
examiners,  to  enter  upon  any  premises  occupied  by  any 
public  utility  as  herein  defined,  for  the  purpose  of  making 
the  examinations  and  tests  provided  for  in  this  Act  and 
to  set  up  and  use  on  such  premises  any  apparatus  and 
appliances  necessary  therefor. 

Fees  for  making  tests,  (j)  To  fix  the  fees  to  be  paid 
by  any  consumer  or  user  of  any  product  or  service  of  a 
public  utility  as  herein  defined,  who  may  apply  to  said 
board  for  such  examination  or  test  to  be  made,  and  any 
consumer  or  user  may  have  any  such  appliance  tested  upon 
the  payment  of  the  fees  fixed  by  the  board,  which  fees  shall 
be  repaid  to  the  consumer  or  user  if  the  appliance  be 
found  defective  or  incorrect  to  the  disadvantage  of  the 
consumer  or  user,  and  in  that  event,  paid  by  the  public 
utility.  ■ 

Junction  points  and  connections-. — Connections  with  pri- 
vate sidings,  (k)  After  hearing,  upon  notice,  by  order  in 
writing,  to  direct  any  railroad  or  street  railway  company 
to  establish  and  maintain  at  any  Junction  or  point  of  con- 
nection or  intersection  with  any  other  line  of  said  road,  or 
with  any  line  of  any  other  railroad,  street  railway,  or  trac- 
tion company,  such  just  and  reasonable  connections  as 
shall  be  necessary  to  promote  the  convenience  of  shippers 
of  property,  or  of  passengers,  and  in  like  manner  to  direct 
any  railroad,  street  railway  or  traction  company  engaged  in 
carrying  merchandise  to  construct,  maintain  and  operate, 
•  upon  reasonable  terms,  a  switch  connection  with  any  pri- 
vate sidetrack,  which  may  be  constructed  by  any  shipper 
to  connect  with  the  railroad  or  street  railway  where,  in 
the  judgment  of  the  board,  such  connection  is  reasonable 
and  practicable,  and  can  be  put  in  with  safetv,  and  will 
furnish  sufficient  business  to  justify  the  construction  and 
maintenance  of  the  same. 

Gauges.  (1)  To  permit  any  street  railway  or  traction 
■company  to  change  its  existing  gauge  to  standard  steam 
railroad  gauge,  upon  such  terms  and  conditions  as  said 
board  shall  prescribe. 

Additional  powers.  §  17.  The  board  shall  have  power, 
after  hearing,  upon  notice,  by  order  in  writing,  to  require 
every  public  utility  as  herein  defined: 

Compel  compliance  with  laws  and  charter,  (a)  To 
comply  with  the  laws  of  this  State  and  any  municipal 
ordinance  relating  thereto  and  to  conform  to  the  duties 
imposed  upon  it  thereby  or  by  the  provisions  of  its  own 
charter,  whether  obtained  under  any  general  or  special 
law  of  this  State. 

Proper  service,  (b)  To  furnish  safe,  adequate  and 
proper  service  and  to  keep  and  maintain  its  property  and 
equipment  in  such  condition  as  to  enable  it  to  do  so. 

Extensions,  (c)  To  establish,  construct,  maintain  and 
operate  any  reasonable  extension  of  its  existing  facilities, 
where,  in  the  judgment  of  said  board  such  extension  is 
reasonable  and  practicable  and  will  furnish  sufficient  busi- 
ness to  justify  the  construction  and  maintenance  of  the 
same,  and  when  the  financial  condition  of  the  said  public 
utility  reasonably  warrants  the  original  expenditure  re- 
quired in  making  and  operating  such  extension. 

System  of  accounts,  (d)  To  keep  its  books,  records 
and  accounts  so  as  to  afford  an  intelligent  understanding 
of  the  conduct  of  its  business  and  to  that  end  to  require 
every  such  public  utility  of  the  same  class  to  adopt  a  uni- 
form system  of  accounting.  Such  system  shall  conform, 
in  so  far  as  In  the  judgment  of  the  board  is  practicable,  to 
any  system  adopted  or  approved  by  the  Interstate  Com- 
merce Commission  of  the  United  States  of  America. 

Annual  reports,  (e)  To  furnish  annually  a  detailed 
report  of  finances  and  operations,  in  such  form  and  con- 
taining such  matters  as  the  board  may  from  time  to  time 
by  order  prescribe. 

Depreciation  account — Fix  rates  of  depreciation — Depre- 
ciation fund,  (f)  To  carry,  whenever  in  the  judgment  of 
the  board  it  may  reasonably  be  required,  for  the  protection 
of  stockholders,  bondholders  or  creditors,  a  proper  and  ade- 
quate depreciation  account  in  accordance  with  such  rules. 


regulations  and  forms  of  account  as  the  board  may  pre- 
scribe. The  board  shall  from  time  to  time  ascertain  and 
determine,  and  by  order  in  writing  after  hearing,  fix  proper 
and  adequa,te  rates  of  depreciation  of  the  property  of  each 
public  utility,  in  accordance  with  such  regulations  or 
classifications,  which  rates  shall  be  sufficient  to  provide 
the  amounts  required  over  and  above  the  expense  of  main- 
tenance to  keep  such  property  in  a  state  of  efficiency  cor- 
responding to  the  progress  of  the  industry.  Each  public 
utility  shall  conform  its  depreciation  accounts  to  the  rates 
so  ascertained,  determined  and  fixed,  and  shall  set  aside 
the  moneys  so  provided  for  out  of  earnings  and  carry  the 
same  in  a  depreciation  fund.  The  income  from  invest- 
ments of  moneys  in  such  fund  shall  likewise  be  carried  in 
such  fund.  This  fund  shall  not  be  extended  otherwise 
than  for  depreciation,  improvements,  new  constructions, 
extensions  or  additions  to  the  property  of  such  public 
utility. 

Notice  of  accidents,  (g)  To  give  such  notice  to  the 
board  as  the  board  may  by  rule  require  of  any  and  all  acci- 
dents which  may  occur  within  this  State  upon  the  property 
of  any  public  utility  as  herein  defined  or  directly  or  indi- 
rectly arising  from  or  connected  with  its  maintenance  or 
operation,  and  to  investigate  any  such  accident  and  to 
make  such  order  or  recommendation  with  respect  thereto 
as  in  its  judgment  may  be  just  and  reasonable. 

Increase  in  rates — Burden  of  proof — May  order  suspen- 
sion of  increase,  (h)  When  any  public  utility  as  herein 
defined  shall  increase  any  existing  individual  rates,  joint 
rates,  tolls,  charges  or  schedules  thereof,  as  well  as  com- 
mutation, mileage  and  other  special  rates,  or  change  or 
alter  any  existing  classification,  the  board  shall  have  power 
either  upon  written  complaint  or  upon  its  "own  initiative  to 
hear  and  determine  whether  the  said  increase,  change  or 
alteration  is  just  and  reasonable.  The  burden  of  proof  to 
show  that  the  said  increase,  change  or  alteration  is  just 
and  reasonable  shall  be  upon  the  public  utility  making  the 
same.  The  board  shall  have  power  pending  such  hearing 
and  determination  to  order  the  suspension  of  the  said  in- 
crease, change  or  alteration  until  the  said  board  shall  have 
approved  said  increase,  change  or  alteration,  not  exceed- 
ing three  months.  It  shall  be  the  duty  of  the  said  board 
to  approve  any  such  increase,  change  or  alteration  upon 
being  satisfied  that  the  same  is  just  and  reasonable. 

m. 

§  18.     No  public  utility  as  herein  defined  shall: 

Prohibitions — Unjust  discriminations,  (a)  Make,  im- 
pose or  exact  any  unjust  or  unreasonable,  unjustly  dis- 
criminatory or  unduly  preferential,  individual  or  joint 
rate,  commutation  rate,  mileage  and  other  special  rate, 
toll,  fare,  charge  or  schedule  for  any  product  or  service 
supplied  or  rendered  by  it  within  this  State. 

Unfair  classification,  (b)  Adopt  or  impose  any  unjust 
or  unreasonable  classification  in  the  making  or  as  the 
basis  of  any  individual  or  joint  rate,  toll,  fare,  charge  or 
schedule  for  any  product  or  service  rendered  by  it  within 
this  State. 

Unjust  regulations  or  service,  (c)  Adopt,  maintain  Oi- 
enforce  any  regulation,  practice  or  measurement  which 
shall  be  unjust,  unreasonable,  unduly  preferential,  arbi- 
trarily or  unjustly  discriminatory  or  otherwise  in  viola- 
tion of  law;  nor  shall  any  public  utility  as  herein  defined 
provide  or  maintain  any  service  that  is  unsafe,  improper 
or  inadequate,  or  withhold  or  refuse  any  service  which 
can  reasonably  be  demanded  and  furnished  when  ordered 
by  said  board. 

Undue  preference,  (d)  Make  or  give,  directly  or  indi- 
rectly, any  undue  or  unreasonable  preference  or  advant-' 
age  to  any  person  or  corporation  or  to  any  locality  or 
to  any  particular  description  of  traffic  in  any  respect 
whatsoever,  or  subject  any  particular  person  or  corpora- 
tion or  locality  or  any  particular  description  of  traffic 
to  any  prejudice  or  disadvantage  in  any  respect  whatso- 
ever. 

Extension  of  indebtedness  unless  approved,  (e)  Here- 
after issue  any  stocks,  stock  certificates,  bonds  or  other 
evidences  of  indebtedness  payable  in  more  than  one 
year  from  the  date  thereof  until  its  shall  have  first  ob- 
tained authority  from  the  board  for  such  proposed  issue. 
It  shall  be  the  duty  of  the  board,  after  hearing,  to  ap- 
prove of  any  such  proposed  issue  maturing  in  more  than 
one   year  from   the   date  thereof,  when   satisfied   that   the 


913 


National  Association  of  Eailway  Commissioners 


same   is    to    be    made    in    accordance    witli    law    and    the 
purpose  of  such  issue  be  approved  by  said   board. 

Capitalize  franchises,  contracts,  etc.  (f)  Capitalize  any 
franchise  to  be  a  corporation;  capitalize  any  franchise  in 
excess  of  the  amount  (exclusive  of  any  tax  or  annual 
charge)  actually  paid  to  the  State  or  any  political  sub- 
division thereof  as  the  consideration  of  such  franchise; 
capitalize  any  contract  tor  consolidation,  merger  or 
lease;  issue  any  bonds  or  other  evidence  of  indebtedness 
against  or  as  a  lien  upon  any  contract  for  consolidation, 
merger  or  lease;  provided,  however,  that  the  provisions 
of  this  section  shall  not  prevent  the  issuance  of  stock, 
bonds  or  other  evidence  of  indebtedness  subject  to  the 
approval  of  said  board  by  any  lawfully  merged  or  con- 
solidated public  utilities  not  in  contravention  of  the  pro- 
visions of  this  section. 

No  gratuities  to  officials,  (g)  Hereafter  give,  grant 
or  bestow  upon  any  local,  municipal  or  county  official 
any  discrimination,  gratuity  or  free  service  whatsoever, 
but  nothing  herein  contained  shall  prevent  the  entry  into 
any  public  conveyance  or  in  or  upon  the  property  of  any 
such  public  utility  as  herein  defined  of  any  such  official 
in  the  pursuit  of  his  public  duties  in  connection  with  the 
particular  conveyance  or  property  so  entered  by  him, 
upon  exhibiting  his  authority  so  to  do. 

No  sales,  leases,  mortgages,  except  when  approved,  (h) 
Without  the  approval  of  the  board  sell,  lease,  mortgage, 
or  otherwise  dispose  of  or  encumber  its  property,  fran- 
chises, privileges  or  rights,  or  any  part  thereof;  nor 
merge  or  consolidate  its  property,  franchises,  privileges 
or  rights,  or  any  part  thereof,  with  that  of  any  other  pub- 
lic utility  as  herein  defined.  Every  sale,  lease,  mortgage, 
disposition,  encumbrance,  merger  or  consolidation  made 
in  violation  of  any  of  the  provisions  hereof  shall  be  void 
and  of  no  effect.  Nothing  herein  contained  shall  be 
construed  in  any  wise  to  prevent  the  sale,  lease  or  other 
disposition  by  any  public  utility  as  herein  defined  of  any 
of  its  property  in  the  ordinary  course  of  its  business. 

Transfer  of  stock  to  other  companies.  §  19.  No  public 
utility  as  herein  defined  incorporated  under  the  laws  of 
this  State  shall  sell,  nor  shall  any  such  public  utility 
make  or  permit  to  be  made  upon  its  books  any  transfer 
of  any  share  or  shares  of  its  capital  stock,  to  any  other 
public  utility  as  herein  defined,  unless  authorized  to  do  so 
by  the  board.  Nor  shall  any  public  utility  as  herein 
defined  incorporated  under  the  laws  of  this  State  sell 
any  share  or  shares  of  its  capital  stock  or  make  or 
permit  any  transfer  thereof  to  be  made  upon  its  books, 
to  any  corporation,  domestic  or  foreign,  result  of  which 
sale  or  transfer  in  itself  or  in  connection  with  other 
previous  sales  or  transfers  shall  be  to  vest  in  such  cor- 
poration a  majority  in  interest  of  the  outstanding  capital 
stock  of  such  public  utility  corporation  unless  authorized 
to  do  so  by  the  board.  Every  assignment,  transfer,  con- 
tract or  agreement  for  assignment  or  transfer  by  or 
through  any  person  or  corporation  to  any  corporation  in 
violation  of  any  of  the  provisions  hereof  shall  be  void 
and  of  no  effect,  and  no  such  transfer  shall  be  made  on 
the  books  of  any  public  utility  corporation.  Nothing 
herein  contained  shall  be  construed  to  prevent  the  hold- 
ing of  stock  heretofore  lawfully  acquired. 

Not  abandon  stations  without  approval.  §  20.  No  rail- 
road company  shall,  without  first  obtaining  the  approval 
of  the  board,  abandon  any  railroad  station  or  stop  the 
sale  of  passenger  tickets,  or  cease  to  maintain  an  agent 
to  receive  and  discharge  freight  at  any  station  now  or 
hereafter  established  in  this  State,  at  which  passenger 
tickets  are  nojv  or  may  hereafter  be  regualrly  sold,  or 
at  which  such  agent  is  now  or  may  hereafter  be  main- 
tained. 

Grade  crossings.  §  21.  No  highway  shall  be  constructed 
across  the  tracks  of  any  railroad  company  at  grade,  nor 
shall  the  tracks  of  any  railroad  company,  street  railway 
or  traction  company  be  laid  across  any  highway,  so  as 
to  make  a  new  crossing  at  grade,  nor  shall  the  tracks 
of  any  railroad  or  street  railway  or  traction  company  be 
laid  across  the  tracks  of  any  other  railroad  or  street 
railway  or  traction  company  without  first  obtaining 
therefor  permission  from  the  board;  provided,  however, 
that  this  section  shall  not  apply  to  the  replacement  of 
lawfully  existing  tracks. 

Protection  at  grade  crossings.     §  22.     Whenever  it  ap- 


pears to  the  board  that  a  public  highway  and  a  railroad 
cross  one  another,  or  that  a  public  highway  and  a  street 
railway  cross  one  another,  or  that  a  railroad  and  a  street 
railway  cross  one  another  at  the  same  level,  and  that 
conditions  at  such  grade  crossing  make  it  necessary  for 
the  protection  of  the  traveling  public  at  such  grade 
crossing  that  gates  be  erected  or  that  some  other  reason- 
able provision  for  the  protection  of  the  traveling  public 
at  such  grade  crossing  should  be  adopted,  the  board  may 
order  and  direct  such  railroad  company  or  such  strein 
railway  company,  or  either  or  both  of  them,  to  install 
such  protective  device  or  devices  or  adopt  such  other 
reasonable  provision  for  the  protection  of  the  traveling 
public  at  such  crossing  as  in  the  discretion  of  the  board 
shall  be  necessary. 

List  and  duties  of  officials  filed  wtih  commission.  §  23. 
Said  board  shall  have  power  to  require  every  public  util- 
ity as  herein  defined  to  file  with  the  board  a  statement 
in  writing,  verified  by  the  oaths  of  the  president  and 
secretary  thereof,  respectively,  setting  forth  the  name, 
title  of  office  or  position  and  postofflce  address,  .and  tlie 
authority,  power  and  duties  of  every  officer,  member  of 
the  board  of  directors,  trustees,  executive  committee,  supt  r- 
intendent,  chief  or  head  of  construction  and  operation, 
or  department,  division  or  line  of  construction  and  opeia- 
tion  thereof,  in  such  form  as  to  disclose  the  source  and 
origin  of  each  administrative  Act,  rule,  decision,  order  ir 
other  action  of  the  corporation,  and  shall,  within  10  da/a 
after  any  change  is  made  in  the  title  of,  or  authority, 
powers  or  duties  appertaining  to  any  such  office  or  posi- 
tion, or  the  person  holding  the  same,  file  with  the  boa  ■' 
a  like  statement,  verified  in  like  manner,  setting  tCT 
such  change. 

Grants  made  by  municipalities  subject  to  approval.  §  !  4.'  ^ 
No  privilege  or  franchise  hereafter  granted  to  any  pub' ic 
utility  as  herein  defined,  by  any  political  sub-division  of 
this  State,  shall  be  valid  until  approved  by  said  boai  d, 
such  approval  to  be  given  when,  after  hearing,  said  boa  d 
determines  that  auch  privilege  or  franchise  is  necessa  -y 
and  proper  for  the  public  convenience  and  properly  cc  n- 
serves  the  public  interests,  and  the  board  shall  ha.'e 
power  in  so  approving  to  impose  such  conditions  as  to 
construction,  equipment,  maintenance,  service  or  ope:  a- 
tion  as  the  public  convenience  and  interests  may  reas(  n- 
ably  require. 

Accounts.  §  25.  Every  municipality  operating  any  foi  m 
of  public  utility  service  shall  keep  the  accounts  there  of 
in  the  manner  prescribed  by  the  board  for  the  accounti  ig 
of  similar  public  utilities,  and  shall  file  with  said  bo£rd 
such  statements  thereof  as  it  may  be  directed  so  to^^ 
by  said  board. 


poii- 


a 


Rules  for  hearings.  §  26.  All  hearings  and  Investl  ca- 
tions before  the  board  or  any  member  thereof  shall  be 
governed  by  rules  adopted  by  the  board,  and  in  the  c  in- 
duct thereof  neither  the  board  nor  such  member  shall  be 
bound  by  the  technical  rules  of  legal  evidence. 

Witnesses,  production  of  records,  etc. — Hearing.  §  27. 
The  board  shall  have  power  to  compel  the  attendance  ot 
witnesses  and  the  production  of  tariffs,  contracts,  papt  rs, 
books,  accounts  and  all  other  documents,  and  any  m<  m- 
ber  ot  the  board  shall  have  power  to  administer  oa  hs 
to  all  witnesses  who  may  be  called  before  the  board  or 
any  member  thereof.  Subpoenas  issued  by  the  bo  ird 
shall  be  signed  by  one  of  the  members  thereof  and  by 
the  secretary,  and  may  be  served  by  any  person  of  ull 
age.  The  fees  of  witnesses  required  to  attend  before  ;he 
board  shall  be  $1  for  each  day's  attendance  and  3  cents 
for  every  mile  of  travel,  by  the  nearest  generally  traveled 
route,  in  going  to  and  from  the  place  where  the  attend- 
ance of  the  witness  is  required,  such  fees  to  be  raid 
when  the  witness  is  excused  from  further  attendance,  vnd 
the  disbursements  made  in  payment  of  such  fees  sliall 
be  audited  and  paid  in  the  same  manner  provided  for 
the  payment  of  expenses  of  the  board;  provided,  how- 
ever, that  no  witness  subpoenaed  at  the  instance  of  jar- 
ties  other  than  the  board  shall  be  entitled  to  compensa- 
tion from  the  State  for  attendance  or  travel,  unless  th« 
board  shall  certify  that  his  testimony  was  material  to 
the  matter  investigated.  If  a  person  subpoenaed  to 
attend  before  the  board,  or  a  member  thereof,  fails  to 
obey  the  command  of  such  subpoena  without  reasonable 


Public  Servick  Laws 


9X3 


cause,  or  if  a  person  in  attendance  before  the  board,  or 
a  member  thereof,  refuses,  without  lawful  cause,  to  be 
examined  or  to  answer  a  legal  or  pertinent  question,  or 
to  produce  a  book  or  paper,  when  ordered  so  to  do  by 
the  board,  or  any  member  thereof,  the  board  or  such 
member  thereof  may  apply  to  the  Supreme  Court  or  any 
justice  thereof,  who  shall  have  the  power  of  the  court 
for  that  purpose,  upon  proof,  by  affidavit  of  the  facts, 
for  an  order  returnable  in  not  less  than  two  nor  more 
than  10  days,  directing  such  person  to  show  cause  before 
the  Court,  or  the  justice  thereof  who  made  the  order,  or 
to  any  other  justice,  why  he  should  not  comply  with  the 
subpoena  or  order  of  the  board;  upon  the  return  of  such 
order  the  court  or  justice  before  whom  the  matter  shall 
come  on  for  hearing,  shall  examine  under  oath  such  per- 
son whose  testimony  may  be  relevant,  and  such  person 
shall  be  given  an  opportunity  to  be  heard,  and  if  the 
court  or  justi-ce  shall  determine  that  such  person  refused 
without  legal  excuse  to  obey  the  command  of  such  sub- 
poena, or  to  be  examined,  or  to  answer  a  legal  or  per- 
tinent question,  or  to  produce  a  book  or  a  paper  which 
he  was  ordered  to  produce,  said  court  or  justice  may 
order  said  person  to  comply  forthwith  with  the  sub- 
poena or  order  of  the  board,  and  any  failure  to  obey 
such  order  of  the  court  or  justice  may  be  punished  by 
said  court  or  justice  as  a  contempt  of  said  Supreme 
Court. 

Depositions.  §  28.  The  board  may,  in  any  investigation 
or  hearing,  by  its  order  in  writing,  cause  the  depositions 
of  witnesses  residing  within  or  without  the  State  to  be 
taken  in  such  manner  as  it  may,  by  rule,  prescribe. 

Not  excused  from  testifying  on  grounds  of  incrimina- 
tion^Immunity.  §  29.  No  person  shall  be  excused  from 
testifying  or  from  producing  any  book,  document  or  paper 
in  any  investigation  or  inquiry  by  or  upon  the  hearing 
before  said  board  or  any  member  thereof,  when  ordered 
so  to  do  by  the  board  or  any  member  thereof,  upon  the 
ground  that  the  testimony  or  evidence,  book,  document 
or  paper  required  of  him  may  tend  to  incriminate  him 
or  subject  him  to  penalty  or  forfeiture,  but  no  person 
shall  be  prosecuted,  punished  or  subjected  to  any  pen- 
alty or  forfeiture  for  or  on  account  of  any  act,  trans- 
action, matter  or  thing  concerning  which  he  shall,  under 
oath,  have  testified  or  produced  documentary  evidence; 
provided,  however,  that  no  person  so  testifying  shall  be 
exempt  from  prosecution  or  punishment  for  any  perjury 
committed  by  him  in  his  testimony.  Nothing  herein 
contained  is  intended  to  give,  or  shall  be  construed  in 
any  manner  giving,  to  any  corporation  immunity  of  any 
kind.  No  member  or  employe  of  the  board  shall  be  re- 
quired to  give  testimony  in  any  civil  suit  to  which  the 
board  is  not  a  party,  with  regard  t6  information  ob- 
tained by  him  in  the  discharge  of  his  official  duty. 

Certified  copies  of  records  valid  as  evidence.  §  30.  Cop- 
ies of  all  official  documents  and  orders  filed  or  deposited 
in  the  office  of  the  board,  certified  by  a  member  of  the 
board,  or  by  the  secretary  to  be  true  copies  of  the  origi- 
nals, under  the  official  seal  of  the  board,  shall  be  evi- 
dence in  like  manner  as  the  originals  in  all  courts  of 
this  State,  and  the  board  may  charge  and  collect  for 
such  copies  10  cents  for  each  folio;  the  fees  so  collected 
shall  be  paid  into  the  treasury  of  the  State. 

Rehcarings.  §  31.  The  board,  at  any  time,  may  order  a 
re-hearing  and  extend,  revoke  or  modify  any  order  made 
by  it. 

Service  of  orders.  §  32.  Every  order  made  by  the  board 
shall  be  served  upon  the  person  or  public  utility,  as  here- 
in defined,  affected  thereby,  within  10  days  from  the  time 
said  order  is  filed,  by  personally  delivering  or  by  mailing 
a  certified  copy  thereof,  in  a  sealed  package,  with  postage 
prepaid,  to  the  person  to  be  affected  thereby,  or  in  case 
of  a  public  utility,  to  any  officer  or  agent  thereof,  upon 
whom  a  summons  may  be  served  in  accordance  with  the 
provisions  of  the  law  of  this  State.  All  orders  of  the 
board  to  continue  service  or  rates  in  effect  at  the  time 
said  order  is  made  shall  be  immediately  operative;  all 
other  orders  shall  become  effective  upon  the  date  speci- 
€d  therein,  which  shall  be  at  least  20  days  after  the  date 
of  said  order. 

Penalty.  §  33.  In  default  of  compliance  with  any  order 
of  the  board  when  the  same  shall  become  effective  the 
person   or   public   utility   affected   thereby   shall   be   sub- 


ject to  a  penally  of  $100  per  day  for  every  day  during 
which  such  default  contains,  to  be  recovered  In  an  action 
of  debt  in  the  name  of  the  State,  and  observance  of  the 
orders  of  the  board  may  be  enforced  by  mandamus  or 
injunction  in  appropriate  cases,  or  by  suit  in  equity  to 
compel  the  specific  performance  of  the  order  or  orders 
so  made,  or  of  the  duties  imposed  by  law  upon  such 
public  utility. 

Performing  acts  prohibited  a  misdemeanor.  §  34.  Any 
person  who  shall  knowingly  and  wilfully  perform,  commit 
or  do,  or  participate  in  performing,  committing  or  doing, 
or  who  shall  knowingly  and  wilfully  cause,  participate  or 
join  with  others  in  causing  any  public  utility  corporation 
or  company  to  do,  perform  or  commit,  or  who  shall  ad- 
vise, solicit,  persuade,  or  knowingly  and  wilfully  instruct, 
direct  or  order  any  officer,  agent  or  employe  of  any  pub- 
lic utility  corporation  or  company  to  perform,  commit  or 
do  any  act  or  thing  forbidden  or  prohibited  by  this  Act, 
shall  be  guilty  of  a  misdemeanor. 

Failure  or  neglect  to  perform  duties.  §  35.  Any  person 
who  shall  knowingly  and  wilfully  neglect,  fail  or  omit  to 
do  or  perform,  or  who  shall  knowingly  and  wilfully  cause 
or  join  or  participate  with  others  in  causing  any  public 
utility  corporation  or  company  to  neglect,  fail  or  omit 
to  do  or  perform,  or  who  shall  advise,  solicit  or  persuade, 
or  knowingly  and  wilfully  instruct,  direct  or  order  any 
officer,  agent  or  employe  of  any  public  utility  corporation 
or  company  to  neglect,  fail  or  omit  to  do  any  act  or 
thing  required  to  be  done  by  this  Act  shall  be  guilty  of  a 
misdemeanor. 

Utilities  acting  unlawfully ;  penalty.  §  36.  Any  public 
utility  corporation  which  shall  perform,  commit  or  do  any 
act  or  thing  hereby  prohibited  or  forbidden,  or  which 
shall  neglect,  fail  or  omit  to  do  or  perform  any  act  or 
thing  hereby  required  to  be  done  or  performed  by  it, 
shall  be  guilty  of  a  misdemeanor. 

Rights  preserved.  §  37.  This  Act  shall  not  have  the 
effect  to  release  or  waive  any  right  of  action  by  the 
board  or  by  any  person  for  any  right,  penalty  or  for- 
feiture which  may  have  arisen  or  which  may  arise,  under 
any  of  the  laws  of  this  State,  and  any  penalty  or  for- 
feiture enforceable  under  this  Act  shall  not  be  a  bar  to 
or  affect  a  recovery  for  a  right,  or  affect  or  bar  any  in- 
dictment against  any  public  utility  as  herein  defined,  or 
person  or  persons  operating  such  public  utility,  its  officers, 
directors,   agents  or  employes. 

Orders  reviewable — Jurisdiction  of  Supreme  Court.  §  38. 
Any  order  made  by  the  board  may  be  reviewed  on  the 
application  of  any  person  or  public  utility  affected 
thereby,  by  certiorari  in  appropriate  cases,  or  by  peti- 
tion, to  the  Supreme  Court  of  the  State  of  New  Jersey, 
within  30  days  from  the  date  upon  which  such  order  be- 
comes effective,  as  herein  provided;  said  petition  shall  be 
filed  with  the  clerk  of  the  Supreme  Court  and  a  copy 
thereof  served  upon  the  secretary  of  the  board  either 
personally  or  by  leaving  same  at  the  office  of  said  board 
in  the  city  of  Trenton.  The  Supreme  Court  is  hereby 
given  jurisdiction  to  review  said  order  of  the  board,  and 
to  set  aside  such  order  when  it  clearly  appears  that  there 
was  no  evidence  before  the  board  to  support  reasonably 
such  order,  or  that  the  same  was  without  the  jurisdic- 
tion of  the  board.  The  evidence  presented  to  the  board, 
together  with  the  finding  of  the  board  and  any  order  is- 
sued thereon  shall  be  certified  by  the  board  to  the  Su- 
preme Court.  The  procedure  for  review,  except  as  herein 
provided,  shall  be  prescribed  by  rules  of  the  Supreme 
Court.  __ 

Effect  of  writs.  §  39.  The  allowance  of  a  writ  of  cer- 
tiorari or  the  institution  of  any  proceeding  to  review  any 
order  of  the  board  by  the  Supreme  Court  as  aforesaid, 
shall  in  no  case  supersede  or  stay  the  order  of  the  board, 
unless  the  Supreme  Court,  or  a  justice  thereof,  shall  so 
direct,  and  the  appellant  may  be  required  by  the  Supreme 
Court  or  a  justice  thereof,  to  give  bond  in  such  form  and  of 
such  amount  as  the  Supreme  Court,  or  the  justice  thereof 
allowing   the   stay,   shall   require. 

Proceedings  to  have  preference.  §  40.  Any  proceeding 
in  any  court  of  this  State  directly  affecting  an  order  of 
the  board  or  to  which  the  board  is  a  party,  shall  have 
preference  over  all  other  civil  proceedings  pending  in 
such  court. 

As  to  passes.     §  41.    Nothing  in  this  Act  shall  be  con- 


914 


National  Association  of  Eailwat  Commissioners 


strued  to  prevent  the  issue  by  any  steam  railroad,  street 
railway,  traction,  canal,  express,  telephone  or  telegraph 
companies  or  other  common  carriers,  of  free  passes  or 
franks  to  their  employes,  officers,  agents,  surgeons,  phy- 
sicians, attorneys  at  law,  and  their  families,  and  the 
interchange  between  said  public  utilities  and  common 
carriers,  of  passes  or  franks  for  their  employes,  officers, 
agents,  surgeons,  physicians,  attorneys  at  law,  and  their 
families. 

Constitutionality  of  sections.  §  42.  If,  for  any  reason, 
any  section  or  provision  of  this  Act  shall  be  questioned 
in  any  court,  and  shall  be  held  to  be  unconstitutional 
or  invalid,  no  other  section  or  provision  of  this  Act  shall 
be  affected  thereby. 

Effective.  §  43.  All  Acts  or  parts  of  Acts  inconsistent 
herewith  are  hereby  repealed,  and  this  Act  shall  take 
effect  on  the  first  day  of  May,  Anno  Domini  1911. 

Approved  April  21,   1911. 

CHAPTER  257. 

An  Act  concerning  railroads.  (Revision  of  1903.)  [As 
amended  at  all  sessions  from  1905  to  1911,  both  inclu- 
sive.] 

Be  it  enacted  hy  the  senate  and  general  assemhly  of  the 
State  of  New  Jersey: 

I. FORMATION  OF  POWKRS. 

Proceedings  for  formation  of  railroad  company.  §  1.  Any 
number  of  persons,  not  less  than  seven,  may  form  a 
company  for  the  purpose  of  constructing,  maintaining 
and  operating  a  railroad  for  public  use  in  the  conveyance 
of  persons  and  property,  by  executing  and  filing  pursuant 
to  the  provisions  of  this  Act  a  certificate  of  incorporation, 
which  shall  be  signed  in  person  by  all  the  subscribers  to 
the  capital  stock  named  therein,  who  from  the  date  of 
suwh  filing  as  herein  provided,  shall  be  and  constitute  a 
body  corporate;   the  said  certificate  shall  set  forth: 

Name.  1.  The  name  of  the  company,  which  shall  not 
resemble  any  name  already  in  use  by  any  corporation  of 
this  State,  so  as  to  lead  to  uncertainty  or  confusion; 

Office.  2.  The  location  of  the  principal  office  in  the 
State ; 

Object,  route,  termini.  3.  The  object  of  the  company, 
the  terminal  points  of  the  proposed  railroad,  the  counties 
of  this  State  in  or  through  which  it  and  its  branches  are 
intended  to  be  constructed  and  the  length  of  such  road 
and  of  each  of  its  branches  as  near  as  may  be; 

Capital  stock.  4.  The  amount  of  the  total  authorized 
capital  stock;  which  shall  be  not  less  than  $10,000  per 
mile;  the  number  of  shares  into  which  the  same  is  di- 
vided and  the  par  value  of  each  share;  the  amount  of 
capital  stock  subscribed  by  the  incorporators  with  which 
it  will  commence  business,  which  shall  not  be  less  than 
$2,000  for  each  mile  or  fraction  thereof;  and  if  there  be 
more  than  one  class  of  stock  created  by  the  certificate  a 
description  of  the  different  classes  with  the  terms  op 
which  created; 

Incorporators.  5.  The  names  and  places  of  residence 
of  the  incorporators  and  the  number  of  shares  subscribed 
by  each;  the  aggregate  of  such  subscription  shall  be  the 
amount  of  capital  with  which  the  company  shall  commence 
business; 

Directors.  6.  The  names  and  places  of  residence  of  the 
first  directors  of  the  company,  not  less  than  seven  nor 
more  than  17  in  number,  who  shall  be  stockholders  and 
Incorporators  of  the  company  and  at  least  one  of  whom 
shall  be  a  resident  of  this  State  and  who  shall  manage  its 
affairs  until  others  are  chosen  in  their  places  at  the  next 
annual  election; 

Life  of  company.  7.  The  period,  if  any,  limited  for  the 
duration  of  the  company; 

Powers,  regulations,  etc.  8.  Any  provision  authorized 
by  this  Act  or  by  law  which  the  incorporators  may  choose 
to  insert  for  the  regulation  of  the  business  and  for  the 
conduct  of  the  affairs  of  the  corporation;  or  for  creating, 
defining,  limiting  and  regulating  the  powers  of  its  di- 
rectors or  stockholders; 

Certificate  proved  and  filed.  The  certificate  shall  be 
proved  or  acknowledged  as  required  for  deeds  of  real 
estate,  and  shall  be  filed  in  the  office  of  the  secretary  of 
State  upon  compliance  with  the  terms  of  this  Act. 


Amount  to  6e  deposited  with  State  treasurer.  5  2.  The 
certificate  of  incorporation  shall  not  be  filed  in  the  office 
of  the  secretary  of  State  until  there  shall  have  been  an- 
nexed thereto  and  filed  therewith  an  affidavit,  made  by  at 
least  five  of  the  directors  in  the  certificate  named,  that  at 
least  $2,000  of  stock  for  each  mile  or  fraction  thereof  des- 
ignated in  the  certificate  has  been  in  good  faith  subscribed 
and  paid  in  cash,  and  that  it  is  intended  in  good  faith  to 
construct,  maintain  and  operate  the  road  mentioned  in  the 
certificate;  nor  shall  the  certificate  be  filed  in  said  office 
until  at  least  $2,000  of  stock  for  each  mile  or  fraction 
thereof  of  ralroad  designated  in  the  certificate  to  be  con- 
structed has  been  paid  in  cash  to  the  directors,  and  de- 
posited by  them  with  the  treasurer  of  the  State,  who  shall 
hold  the  same  subject  to  be  repaid  to  the  company  or  its 
treasurer,  in  sums  of  $2,000  lor  each  mile  of  said  railroad, 
upon  the  construction  of  which  it  shall  be  proved  to  his 
satisfaction  that  the  company  has  expended  at  least  $2,000; 
the  secretary  of  State  shall  record  the  certificate,  when 
duly  filed,  in  a  book  to  be  provided  by  him  for  tlie  pui-- 
pose,  and  said  certificate  or  a  copy  thereof,  or  of  the  record 
thereof  duly  certified  by  the  secretary  of  State,  shall  be 
evidence  of  the  incorporation  of  the  company  and  of  the 
facts  therein  stated. 

General  powers.  §  3.  Every  railroad  company  shall 
have  the  general  powers  conferred  by  the  Act  entitled  "Au 
Act  concerning  corporations"  (Revision  of  1896),  and  the 
supplements  thereto,  and  shall  be  governed  by  the  pro- 
visions and  be  subject  to  tlie  restrictions  and  liabilities  in 
said  Act  contained,  so  far  as  the  same  are  appropriate  1o 
and  not  inconsistent  with  this  Act  or  with  the  provisiors 
of  the  Act  under  which  any  such  company  may  have  bet  n 
created  and  organized,  and,  in  addition  thereto,  shall  ha-s  e 
power: 

Determine  route  and  enter  upon  lands.  1.  To  loca  e 
and  determine  its  route  and  works,  and  for  that  purpof  e 
to  make  such  surveys  for  its  proposed  railroad  as  may  I  e 
necessary  to  the  selection  of  the  most  advantageous  rout ', 
and  to  enter  upon  lands  or  waters  of  any  person,  doing  i  o 
unnecessary  injury  to  private  or  other  property,  and  su  )- 
ject  to  responsibility  for  all  damages  which  shall  be  doi  e  : 
thereto. 

Acquire  real  estate.     2.     To  acquire  from  time  to  tirte, , 
and  hold  and  use,  all  such  real  estate  and  other  proper  y  ■ 
as  may  in  the  judgment  of  its  directors  be  necessary  f (  r  ' 
terminal    purposes,    and    for    the    construction    and    mai  i- 
tenance  of  its  railroad  and  stations,  branches,  .-hidings,  cf  r- 
yards,  engine  houses,  repair  shops  and  other  accommoc  i- 
tions  necessary  to  accomplish  the  objects  of  its  incorpoi  i- 
tion,  and  to  sell  land  thus  acquired  when  not  necessary  f  it 
such  purposes  and  objects. 


4 


!rci  36 
ill'S^ 


Construct  and  operate  road.  3.  To  construct  and 
ate  its  road,  to  construct  or  purchase  all  engines,  cars,  rf  a^ 
chinery  and  appliances  for  the  transportation  of  perso  is 
and  property,  to  charge  and  collect  fares  and  charges  f  )r 
transportation  of  passengers  and  freight,  and  to  exercise 
all  other  powers  by  this  Act  granted. 

Directors,  officers  and  agents.  §  4.  The  directors^ 
every  railroad  company  shall  be  stockholders,  and  shall'  _ 
not  less  than  seven  or  more  than  17  in  number;  the  fii  st 
directors  shall  be  those  specified  as  such  in  the  certiflc;  te 
of  organization,  and  thereafter  directors  shall  be  chosen 
at  the  annual  meetings  of  the  stockholders;  the  direct(rs 
shall  appoint  one  of  their  number  president,  and  sh  ill 
also  appoint  a  treasurer,  secretary  and  chief  engineer,  and 
such  other  officers  and  agents  as  shall  be  necessary,  and 
shall  fix  their  salaries  or  compensation;  the  directors  may 
add  to  their  number  by  selecting  from  the  body  of  sto -k- 
holders  from  time  to  time  an  additional  member  or  m<  m- 
bers  to  be  and  act  as  vice  president  or  additional  v  ce 
presidents,  with  such  powers  and  duties  and  corapensat  on 
as  the  corporation  or  directors  may  determine,  provided 
that  the  number  of  directors  shall  not  thereby  be  made 
more  than  20;  one  director  shall  be  an  actual  resident  of 
this  State,  but  it  shall  not  be  necessary  for  the  presidant 
or  more  than  one  director  to  be  such  resident  thereof, 
notwithstanding  the  provisions  of  any  special  charter  or 
other  Act;  in  case  the  whole  capital  stock  has  not  been 
subscribed,  the  directors  may  receive  subscriptions  for 
shares,  but  no  subscription  shall  be  taken  without  the  pay- 
ment by  the  subscriber  of  at  least  10  per  centum  of  the 
amount  subscribed  in  cash. 

Name,  stock— Bondholders  may  vote.     §  5.    Every  rail- 


Public  Service  Laws 


915 


road  company  shall  have  power  to  change  its  name,  to  de- 
crease or  to  increase  its  capital  stock,  and  to  create  one 
or  more  classes  of  preferred  stock,  by  certificate  and  pro- 
ceedings in  the  manner  prescribed  by  §§  27,  28  and  29  of 
the  "Act  concerning  corporations"  (Revision  of  1896) ;  the 
stockholders  of  any  railroad  company  may,  by  agreement 
expressed  in  the  certificate  of  incorporation,  or  in  a  sup- 
plementary certificate  executed  and  acknowledged  by  every 
stockholder,  and  filed  in  like  manner  as  the  original  cer- 
tificate, authorize  and  empower  the  holders  of  bonds  of  the 
company  secured  by  mortgage  on  its  property  and  fran- 
chises to  vote  at  meetings  of  stockholders,  in  person  or  by 
proxy,  either  for  the  election  of  directors  or  for  other  pur- 
poses, each  bondholder  to  cast  as  many  votes  as  if  the 
holder  of  stock  of  par  value  equal  to  the  principal  of  his 
bonds,  and  the  production  of  his  bonds  shall  be  evidence 
of  his  right  to  vote,  and  every  bondholder  so  voting  shall 
.be  subject,  to  the  extent  of  the  amount  of  his  bonds,  to  the 
same  liabilities  as  stockholders. 

Borrowed  on  hond  and  mortgage.  §  6.  Every  railroad 
company  shall  have  power  to  borrow  such  sums  of  money 
from  time  to  time,  not  to  exceed  in  the  whole  its  paidup 
capital  stock,  as  shall  be  necessary  to  construct,  improve, 
extend  or  repair  its  road  and  furnish  all  necessary  lands, 
chattels,  engines,  cars  and  equipments,  and  for  such  pur- 
poses to  issue  and  sell  its  bonds  secured  by  mortgage  on 
its  railroad,  lands,  chattels,  franchises  and  appurtenances, 
and  such  company  shall  not  plead  any  statute  against  usury 
in  any  suit  at  law  or  in  equity  to  enforce  the  payment  of 
any  bond  or  mortgage  executed  under  the  provisions  of 
this  section;  in  the  case  of  any  railroad  company  in  this 
State  the  amount  of  whose  mortgage  debt  shall  have  been 
limited  by  special  law,  the  written  consent  of  the  holders 
of  at  least  two-thirds  in  value  of  all  its  stock  shall  be  ob- 
tained before  any  such  mortgage  shall  be  executed;  any 
person  who  shall  issue  bonds  of  any  railroad  company  to 
an  amount  greater  than  the  amount  authorized  by  this  or 
any  other  Act  shall  be  guilty  of  a  misdemeanor.  Where  a 
mortgage  on  a  railroad  right  of  way  and  franchises  include 
chattels,  it  shall  be  sufllcient  notice  and  evidence  thereof 
to  record  the  same  as  a  mortgage  on  real  estate. 

II. — RIGHT   OF   WAY. 

Width— Survey  of  line  filed — Branches.  §  7.  The  right 
of  way  of  any  railroad,  or  of  any  branch  thereof,  shall  not 
exceed  100  feet  in  width  unless  more  land  shall  be  re- 
quired for  the  slopes  of  cuts  or  embankments,  or  for  re- 
taining walls,  in  which  case  such  land  may  be  acquired  as 
part  of  such  right  of  way;  it  shall  be  lawful  for  any  rail- 
road company,  its  incorporators  and  agents,  to  enter  at 
all  times  upon  all  lands  or  waters  for  the  purpose  of  ex- 
ploring, surveying  and  laying  out  the  route  or  routes  of  its 
railroad,  and  of  locating  the  same,  and  to  locate  all  nec- 
essary works,  buildings,  conveniences  and  appurtenances, 
doing  no  unnecessary  injury  to  property,  and  when  the 
route  of  the  railroad  shall  have  been  determined  upon,  a 
survey  of  such  route  and  location,  particularly  describing 
the  same,  shall  be  filed  in  the  office  of  the  secretary  of 
State;  the  company  may  also,  from  time  to  time,  after  the 
filing  of  the  survey  of  the  route  of  the  main  line,  and 
either  before  or  after  construction  thereon,  file  surveys  of 
the  route  and  location  of  branches  within  the  limits  of 
any  counties  in  or  through  which  the  main  line  may  be 
located  and  of  any  county  adjoining  such  counties. 

Connecting  roads.  §  8.  Whenever  the  railroads  of  any 
railroad  companies  shall  intersect  or  cross  or  shall  ap- 
proach each  other  within  a  distance  of  one  mile,  either 
company  may  construct  and  operate  a  branch  to  effect 
a  connection  of  such  railroads,  and  may  take  and  hold 
the  land  and  property  necessary  for  that  purpose,  on  filing 
a  map  and  description  of  the  survey  of  the  route  of  such 
branch  in  the  office  of  the  secretary  of  State,  and  making 
the  required  deposit  with  the  State  treasurer;  the  con- 
nection shall  be  made  upon  such  terms  as  may  be  agreed 
by  the  companies  operating  such  roads,  and  in  case  of 
failure  to  agree,  either  party  may  apply  to  the  Supreme 
Court,  whose  duty  it  shall  be  to  appoint  three  disinter- 
ested citizens  of  the  State,  who  shall  determine  and  fix 
the  terms,  which,  when  approved  by  the  court,  shall  be 
conclusive,  and  such  companies  shall  be  required  to  carry 
into  effect. 

Purchase  or  construct  branches.  §  9.  Any  railroad  com- 
pany may  lay  out  and  construct,  or  may  acquire,  lease 
or   purchase,   any    branch   line   or   lines   of   railroad   not 


exceeding  2  miles  in  length,  and  may  maintain  and 
operate  the  same,  extending  from  the  main  line  or  from 
any  branch  line  of  said  company  to  any  mill,  factory, 
mine,  clay  bed  or  warehouse,  whenever,  in  the  judgment 
of  the  board  of  directors,  it  shall  be  for  the  interest  of 
the  company,  and  may  take  and  hold  the  land  necessary 
for  that  purpose  on  filing  a  map  and  description  of  the 
survey  of  the  route  of  such  branch  in  the  office  of  the 
secretary  of  State,  and  making  the  required  deposit, 
pending  construction,  with  the  State  treasurer;  provided, 
that  no  company  shall  construct  any  such  branch  within 
the  limits  of  any  city  or  town  until  it  shall  first  obtain 
the  consent  of  the  municipal  authorities  thereto. 

Survey  of  tranches  filed,  and  deposit.  §  10.  The  survey 
of  the  route  of  any  branch  shall  not  be  filed  in  the  office 
of  the  secretary  of  State  until  the  company  shall  have 
deposited  with  the  State  treasurer  a  sum  equal  to  at 
least  $2,000  for  every  mile,  and  a  proportionate  sum  for 
any  distance  less  than  a  mile,  of  the  length  of  such 
branch,  and  the  State  treasurer  shall  be  the  custodian 
of  said  fund,  and  shall  hold  the  same  subject  to  be  re- 
paid to  the  directors  or  the  treasurer  of  said  company 
in  installments  of  $2,000  for  each  mile,  and  a  proportion- 
ate sum  for  any  distance  less  than  a  mile  of  such  branch, 
upon  the  construction  of  which  it  shall  be  proved  to  his 
satisfaction  that  such  amount  has  been  expended;  it  shall 
be  the  duty  of  the  secretary  of  State  to  record  at  length, 
in  a  proper  book  to  be  by  him  provided,  at  the  expense 
of  the  State,  all  descriptions  of  the  surveys  of  the  main 
lines  or  branches  filed  with  him,  for  which  he  shall  col- 
lect from  the  company  filing  the  same  the  fees  pre- 
scribed by  law  for  recording  deeds,  and  such  record  or  a 
certified  copy  thereof  shall  be  evidence  of  such  survey 
and  location;  any  survey  of  a  route  heretofore  filed  with 
the  secretary  of  State  may  be  recorded,  and  a  copy  of  the 
record   shall  be  evidence   in  like  manner. 

Ahandonment  of  part  of  line.  §  11.  Whenever  any  rail- 
road company  may  deem  it  expedient  to  abandon  a  part 
of  its  line  before  the  same  shall  have  been  wholly  com- 
pleted, and  shall  file  and  record  in  the  office  of  the 
secretary  of  State  a  certificate  of  abandonment,  executed 
by  its  president  and  secretary,  under  its  seal,  describing 
the  portion  of  the  route  of  the  proposed  railroad  to  be 
abandoned,  it  shall  be  the  duty  of  the  treasurer  of  the 
State  to  repay  to  the  company,  out  of  the  money  of 
said  company  therefor  deposited  with  the  treasurer,  as 
required  by  law,  a  sum  equal  to  $2,000  for  every  mile, 
and  a  proportionate  sum  for  any  distance  less  than  a  mile 
of  its  route  so  abandoned,  and  said  coriwration  shall  not 
thereafter  extend,  build  or  construct  its  railroad  upon 
the  portion  so  abandoned,  without  first  filing  and  record- 
ing a  new  survey  thereof  in  the  office  of  the  secretary  of 
State,  and  making  the  deposit  with  the  treasurer  re- 
quired  by   law. 

Relocating  route.  §  12.  Any  portion  of  the  location  of 
the  route  of  any  railroad  company  may  be  relocated  by 
the  board  of  directors  before  construction,  and  after  the 
filing  of  the  original  survey,  by  filing  and  recording  an 
amended  survey  thereof  in  the  same  manner  as  the  original 
survey;  the  directors  of  any  railroad  company  owning  or 
operating  any  railroad  in  this  State  may  change  the 
location  of  a  part  of  its  route  tor  any  section  not  ex- 
ceeding 1  mile  in  length  by  filing  and  recording  a  sur- 
vey of  the  new  location  and  of  the  section  abandoned 
with  the  secretary  of  State,  where,  in  the  judgment  of 
the  directors,  such  change  is  necessary  to  avoid  any 
quicksand,  quagmire  or  sinkhole,  or  other  physical  ob- 
stacle in  the  way  of  the  safe  and  convenient  construc- 
tion, maintenance  or  operation  of  the  railroad;  provided, 
that  such  alterations  shall  not  be  made  in  any  city  after 
the  road  has  been  actually  constructed  within  its  limits; 
any  railroad  company  may  straighten,  shorten  or  improve 
the  route  of  its  railroad  or  connect  points  thereon  by 
shorter  lines  or  branches,  and  may  take  and  acquire  by 
condemnation  all  such  lands  as  shall  be  necessary  in  the 
judgment  of  the  directors  for  that  purpose,  and  also  all 
such  lands  as  shall  be  necessary  as  aforesaid  for  the 
erection  of  freight  and  passenger  stations,  and  all  the 
legitimate  purposes  of  such  company  upon  such  straight- 
ened, shortened  or  improved  line,  by  filing  and  record- 
ing a  survey  thereof  in  the  same  manner  as  is  required 
in  the  case  of  an  original  survey  of  location;  provided, 
that  no  more  than  100  feet  in  width  for  the  main  track 


916 


National  Association  of  Eailway  Commissioners 


of  any  road  shall  be  taken  from  the  right  of  way  except 
where  necessary  for  the  slopes  of  cuts  or  embankments 
or  for  retaining  walls;  the  company  inay  retain  and  con- 
tinue to.us€,  or  may  sell  or  otherwise  dispose  of,  the 
whole  or  any  part  of  the  original  road,  for  which  such 
line  has  been  substituted,  after  it  has  constructed  its 
road  on  its  new  location. 

Acquire  property  by  condemnation.  §  13.  Any  railroad 
company  may,  either  at  the  time  of  its  organization  or 
construction  or  thereafter,  as  occasion  may  require,  take 
by  condemnation  any  of  the  land  and  property  required 
for  the  right  of  way  of  its  main  line  and  branches,  not 
exceeding  100  feet  in  width,  unless  more  shall  be  required 
for  slopes  of  cuts  or  embankments  or  retaining  walls, 
and  all  such  other  land  and  property  adjoining  to  such 
right  of  way  as,  in  the  judgment  of  the  directors,  the 
exigencies  of  business  may  demand,  for  the  erection  of 
freight  and  passenger  depots,  and  all  other  legitimate 
purposes  of  the  company,  upon  ascertainment  and  pay- 
ment or  tender  of  compensation  as  prescribed  by  law; 
and  either  party  may  have  an  appeal  from  tlje  award  of 
commissioners  fixing  -compensation,  and  the  proceedings 
on  such  ascertainment,  taking  and  appeal  shall  be  had 
pursuant  to  "An  Act  to  regulate  the  ascertainment  and 
payment  of  compensation  for  property  condemned  or 
taken  for  public  use"  (Revision  of  1900) ;  no  company 
organized  under  this  Act  shall  be  authorized  to  take,  use 
or  occupy,  by  condemnation,  any  franchise,  lands  or  lo- 
cated route  of  any  railroad  or  other  corporation  char- 
tered for  the  purpose  of  facilitating  transportation  ex-cept 
for  the  purpose  of  crossing  said  land  or  route  and  except 
the  land  of  such  corporation  not  necessary  for  the  pur- 
poses of  its  franchise;  and  no  railroad  under  this  Act 
shall  cross  another  railroad  at  grade  at  a  less  angle  than 
20  degrees;  provided,  that  a  railroad  may  be  located 
under  this  Act  upon  the  surveyed  route  or  location  of 
any  other  railroad  company  with  the  consent  of  such 
company;  no  company  shall  be  authorized  to  take  by 
condemnation  any  land  belonging  to  the  State  of  New 
Jersey. 

III. — CONSTBUCTION   AND   EQUIPMENT. 

To  begin  construction  within  six  vionths.  §  14.  The 
company  shall  commence  its  proposed  railroad  within 
six  months  from  the  date  of  its  organization,  and  shall 
open  and  complete  at  least  one  track  within  two  years 
from  the  date  of  commencement,  where  the  road  shall  be 
50  miles  or  less  in  length,  and  where  it  exceeds  50  miles 
shall  have  an  additional  six  months  to  complete  the  road, 
for  each  20  miles  more  than  50  in  length;  provided, 
that  such  company  shall  open  50  miles  for  public  use  as 
soon  as  50  miles  of  track  are  laid;  any  company  formed 
under  this  Act  and  failing  to  comply  with  the  provisions 
of  this  section  shall  forfeit  thereby  the  franchises  given 
to  it  by  this  Act;  provided,  that  if  such  company  shall 
be  restrained  or  prevented  by  the  order  of  any  court  or 
judge,  or  by  any  proceedings  at  law  or  in  equity,  from 
prosecuting  the  work  on  its  road,  or  from  opening  or 
completing  its  road,  the  time  during  which  such  company 
shall  be  so  restrained  or  prevented  shall  not  be  com- 
puted as  any  part  of  the  time  limited  in  this  section  for 
the  opening  and  completion  of  said  road  or  any  part 
thereof;  where  any  company  has  failed  to  construct  its 
railroad  upon  any  part  of  the  location  shown  by  its  filed 
survey  within  the  time  allowed  by  law,  and  since  the 
expiration  of  said  time  any  other  railroad  company  has 
duly  filed  a  survey  of  a  lo-cation  crossing  or  occupying 
the  same,  said  company  last  filing  its  location  shall  have 
priority  of  right  over  said  location. 

Upon  tender  of  payment  construction  m.ay  be  made.  §  15. 
When  the  route  shall  have  been  duly  adopted  and  survey 
thereof  filed,  it  shall  be  lawful  for  every  railroad  com- 
pany, upon  payment  or  tender  of  compensation  by  its 
officers  and  agents,  to  construct,  maintain  and  operate  a 
railroad  with  one  or  more  tracks  and  with  such  side- 
tracks, turnouts,  oflices  and  depots  as  they  may  deem 
necessary  between  the  points  named  in  its  charter  or 
certificate  of  incorporation,  -commencing  at  or  within 
and  extending  to  or  into  any  town,  city  or  village  named 
as  a  terminus  of  such  road;  and  from  time  to  time,  either 
before  or  after  completion  of  the  main  line,  to  construct, 
maintain  and  operate  branches  upon  the  route  or  routes 
described  in  its  filed  survey  or  surveys,  and  for  these 
purposes,  to  enter  upon,  take  possession  of,  hold,   have, 


use,  occupy  and  excavate  any  lands,  and  to  erect  em- 
bankments, bridges  and  all  other  necessary  works,  and 
to  do  all  other  things  which  may  be  suitable  or  neces- 
sary for  the  completion,  repairs  or  management  of  said 
railroad,  and  for  the  conveyance  of  passengers  and 
freight  thereon  by  steam,  electric  or  other  motive  power; 
provided,  that  the  payment  or  tender  of  all  damages  for 
the  occupancy  of  any  land,  through,  under  or  upon  which 
said  railroad  and  its  branches,  conveniences  and  appur- 
tenances may  be  laid  out  or  located,  be  made  befoie  said 
company  or  its  agents  shall  enter  upon  or  break  ground, 
except  for  the  purpose  of  surveying  and  locating  said 
railroad  and  branches,  unless  the  -consent  of  the  owner 
of  said  land  be  had  and  obtained. 

Bridges,  viaducts,  tunnels.  §  16.  Any  railroad  company 
may  build  and  maintain  over  such  streams  as  the  road  may 
cross  such  piers  and  bridges  as  they  may  deem  expedient, 
and  may  build  viaducts  over  or  tunnels  under  any  nav- 
igable or  other  river,  stream  or  bay  of  water  which  such 
railroad  may  cross,  putting  in  such  viaduct  a  pivot-draw 
with  two  openings,  each  of  no  less  width  than  the  wide3t 
opening  of  any  viaduct  or  bridge  now  built  over  any  su<h 
river,  stream  or  bay  of  water,  at  right  angles  to  the  main 
channel,  located  at  a  point  convenient  for  navigation;  pro- 
vided, that  such  company  shall  not  take  any  land  undi.T 
water  belonging  to  this  State  until  the  consent  of  the 
riparian  commissioners  shall  first  be  had  and  obtaimd 
(unless  the  said  land  is  at  least  25  feet  under  the  bed  of 
the  water),  who  are  hereby  authorized  to  convey  the  san  e 
on  receiving  such  compensation  as  they  may  fix. 

Draws;  signals  and  attendants.  §  17.  Such  compai.y 
shall,  at  all  times,  when  such  river,  stream  or  bay  is  nav- 
igable, for  the  safety  of  persons  navigating  the  same, 
cause  to  be  kept  a  red  light  at  each  outer  side  of  sa  d 
draws  and  a  white  light  at  each  inner  side  of  said  draws, 
which  shall  be  lighted  every  evening  at  or  before  suns  it 
and  be  kept  lighted  until  daylight,  and  shall  also  keep  a 
suitable  person  or  suitable  persons  ,at  each  bridge  to  opt  n 
the  draws  for  the  free  passage  of  all  vessels  with  standir  g 
masts  or  pipes;  and  for  each  and  every  neglect  to  ke<  p 
such  light  and  open  the  draws  when  necessary,  the  coi  i- 
pany  shall  forfeit  and  pay  $100,  to  be  recovered,  wi'  h 
costs,  in  any  court  having  jurisdiction  thereof,  by  ai  y 
person  who  shall  sue  for  the  same  within  six  months  aft  r 
the  time  of  such  neglect. 

Bridge  over  shallow  tidal  waters;  modifications.  §18. 
When  any  railroad  is  constructed  across  a  stream  whe  e 
the  tide  ebbs  and  flows,  and  by  reason  of  the  narrowne  s 
of  the  stream  or  shallowness  of  the  water  it  is  unnec*  3- 
sary  or  impracticable  to  put  in  a  pivot-draw  with  two  ope  i- 
ings,  or  any  draw,  the  company  may  apply  to  the  ripari  .a 
commissioners,  who  shall,  after  personal  inspection  &•  i 
due  inquiry,  determine  what  character  of  bridge  is  propi  r, 
and  whether  any  draw-bridge  is  necessary,  and  if  so,  t  le 
character  and  dimensions  thereof,  and  how  the  same  sh;  II 
be  kept  and  maintained,  considering  the  extent  and  i  n- 
portance  both  of  the  navigation  of  the  stream  and  of  t  le 
public  travel  over  the  railroad,  which  determination,  sign  ii 
by  a  majority  of  the  board,  shall  be  filed  by  them  wi  h 
the  clerk  of  the  county  or  counties  in  which  said  brid  ;& 
lies,  and  shall  bind  the  company;  and  a  compliance  with 
such  determination  by  the  company  shall  be  a  full  p -r- 
formance  of  its  duties  and  obligations  with  respect, 
such  bridge. 

Ferries.     §  19.     When  the  terminus  of  a  railroad  _ 

pany  may  be  on  the  shore  of  any  river  or  navigable  water 
of  this  State,  such  company  may  establish  and  open  te 
ferries  for  the  transportation  of  persons  and  property  on 
or  across  the  same,  subject  to  the  rates  of  fare  and  tolls 
provided  in  this  Act  on  railroads,  and  may  buy  or  buld 
vessels  and  boats  and  do  all  things  necessary  or  convenii  nt 
to  carry  on  such  ferry,  or  may  contract  with  other  fei  ry 
companies  for  the  transportation  of  the  passengers  and 
freight  of  such  railroad  company. 

Purchase  and  operate  boats,  piers,  etc.  §  20.  Any  r^ill* 
road  company,  whenever  a  majority  of  the  directors  therjof 
shall  so  decide,  may  purchase  or  hire  any  boats,  vessels  or 
barges,  and  any  wharves,  piers,  docks,  landings  and  build- 
ings situated  at  or  near  any  terminus  of  its  road,  capable 
of  being  .of  use  in  the  transportation  of  freight  or  passen- 
gers, and  any  company  is  hereby  empowered  to  make  svich 
sale  or  lease  whenever  a  majority  of  the  directors  shall  so 
decide. 


p  -r- 


Public  Sehvioe  Laws 


917 


Fences — Cattle  guards.  §  21.  Every  company  organized 
under  this  Act  shall  erect  and  maintain  fences  on  the 
sides  of  its  road  of  the  height  and  strength  of  division 
fences  required  by  law,  with  gates  or  bar-ways  at  farm- 
crossings;  and  shall  also  construct  and  maintain  cattle- 
guards  at  road-crossings  sufficient  to  prevent  cattle  and 
animals  from  getting  on  the  railroad;  until  such  fences 
and  guards  shall  be  made,  the  company  shall  be  liable  for 
damages  done  by  their  trains  to  cattle,  horses  or  other 
animals  straying  thereon;  and  where  such  fences  and 
guards  have  been  duly  made  and  maintained,  the  com- 
pany shall  not  be  liable  for  such  damages  unless  negli- 
gently or  wilfully  done;  any  person  who  shall  ride,  lead  or 
drive  any  horse  or  other  animal  upon  such  railroad  and 
within  such  fences  and  guards  elsewhere  than  at  farm- 
crossings,  without  the  consent  of  the  company,  shall,  for 
every  such  offense,  forfeit  the  sum  of  $10  and  pay  all 
damages  sustained  thereby  to  the  company,  to  be  re- 
covered in  an  action  of  tort. 

Enclosure  about  station — Fence  guards  in  cities — Speed. 
§  22.  Any  railroad  company  may  erect  a  fence  or  other  en- 
closure around  its  stations  so  as  to  prevent  persons  other 
than  passengers  from  coming  near  its  trains,  and  may  ex- 
clude from  such  enclosures  all  persons  except  travelers; 
where  any  railroad  company  in  any  city  shall  maintain 
along  its  roadway,  where  the  same  may  adjoin  a  public 
highway,  a  fence  or  embankment  4  feet  high,  sufficiently 
close  and  strong  to  prevent  children  and  horses  from  going 
through  the  same,  or  where  its  track  shall  be  laid  in  a 
cut  at  least  four  feet  deep,  and  shall  provide  on  each 
side  of  the  track  at  any  highway-crossing  in  such  city  a 
gate  of  like  height  and  sufficiency,  and  cause  the  same  to 
be  closed  at  least  half  a  minute  before  any  train  may 
cross  such  highway  and  until  such  train  shall  have  passed 
by,  in  such  case  it  shall  be  lawful  for  such  company  to 
run  its  trains  in  said  city  over  the  portions  of  its  railroad 
thus   protected   and   over   the   portions   not   adjoining   or 

rroBpine'  anv  hi'o-hwnv,  Pt  cimh  rnfp  of  cn^pH  n«  if  deems 
proper,  but  in  the  absence  of  such  protection  and  safe- 
guard, the  company  shall  be  bound  by  lawful  and  reason- 
able municipal  ordinances  regulating  the  speed  of  its 
trains  along  streets  and  at  crossings. 

Tunnel  under  streets,  rivers,  etc. — Connections  with 
other  roads — Alterations.  §  23.  It  shall  be  lawful  for  any 
corporation  heretofore  or  hereafter  organized  under  this 
Act,  whose  route  lies  in  part  under  the  bed  of  the  waters 
of  an  interstate  river,  or  under  the  bed  of  other  inter- 
state waters,  to  build  its  railroad  under  the  same  by  tun- 
nel, and  in  approaching  such  rivers  or  waters,  to  build 
its  railroad  in  part  by  tunnel  under  lands  and  longitudinally 
or  otherwise  under  streets  and  public  places  in  cities  or 
municipalities  and  under  railroads  and  rivers,  and  in  part 
on  or  above  the  surface  of  the  land,  and  enter  upon,  pur- 
chase or  acquire  in  the  manner  provided  by  law  such  lands 
or  rights  or  easements  in  lands  along  its  said  route,  upon, 
over  or  beneath  the  surface  of  the  land,  as  shall  be  neces- 
sary for  its  purposes,  and  it  shall  have  power  to  construct, 
erect  and  secure  the  foundations  and  other  structures 
which  may  be  required  for  the  construction,  maintenance 
and  operation  of  such  road,  and  may  connect  such  road 
under  the  bed  of  the  waters  of  such  interstate  river  with 
the  railroad  of  any  company  now  or  hereafter  organized 
under  the  laws  of  an  adjoining  State;  whenever  such  cor- 
poration shall  construct  a  tunnel,  such  tunnel  shall  be 
so  built  and  at  all  times  kept  in  such  condition  as  to  make 
the  surface  of  the  ground  above  the  same  firm  and  safe 
for  building  and  other  erections  thereon;  whenever  it  shall 
be  necessary,  in  constructing  such  railroad,  to  alter  the 
position  of  any  public  sewer  or  water  pipe,  the  same  shall 
be  done  at  the  expense  of  said  corporation,  under  the  di- 
rection of  the  public  authorities  having  charge  thereof; 
such  tunnels  shall  be  at  such  depths  beneath  the  lands, 
rivers,  railroads,  streets  and  public  places  as  not  to  in- 
terfere with  the  use  thereof,  and  the  right  of  way  beneath 
the  streets  and  public  places,  and  the  use  thereof  for  the 
purpose  of  said  railroad,  shall  be  considered  and  is  hereby 
declared  to  be  a  public  use  consistent  with  and  one  of  the 
uses  for  which  the  same  are  publicly  held;  any  such  cor- 
poration is  hereby  allowed  10  years  from  the  date  of  its 
organization  to  open  and  complete  one  track  of  its  road; 
nothing  in  this  section  contained  shall  be  construed  as 
authorizing  the  building  of  any  railroad  either  upon  or 
above  the  surface  or  by  open  cut  longitudinally  along  any 
street  of  any  city  or  town. 


Motive  power.  §  24.  Any  railroad  company  authorized 
to  use  steam  as  a  motive  power  may  use  any  motive  power 
which  it  may  deem  best  adapted  to  the  economical  opera- 
tion of  its  railroad,  and  may  erect,  construct  and  main- 
tain and  use  such  machinery,  engines,  devices  and  appli- 
ances and  such  poles,  wires,  conduits  or  other  methods  for 
conducting  and  distributing  power  as  may  be  required,  and 
for  this  purpose  may  take  lands  by  condemnation. 

Cost  of  road  filed  with  comptroller.  §  2.5.  As  soon  as 
any  railroad  is  in  operation,  the  president  of  said  com- 
pany shall  nie  in  the  office  of  the  comptroller  of  this  State 
a  statement,  under  oath,  of  the  cost  of  said  railroad,  in- 
cluding the  right  of  way,  roadbed,  equipment,  appendages 
and  all  expenses. 

IV. — ROAD    CROSSINGS — CONSTRUCTION    AND  PROTECTION. 

Crossings ;  street  or  road — Private  ways.    §  26.     It  shall 
be  the  duty  of  every  railroad  company  owning,  leasing  or 
controlling  any   right   of   way  for  a   railroad   within   this 
State,  to  construct  and  keep  in  repair  good  and  sufficient 
bridges  and  passages  over,  under  and  across  the  railroad 
or  right  of  way  where  any  public  or  other  road,  street  or 
avenue,   now  or  hereafter  laid,  shall  cross  the  same,  so 
that  public  travel  on  the  said  road  shall  not  be  Impeded 
thereby,  and  said  bridges  and  passages  shall  be  of  such 
width  and  character  as  shall  be  suitable  to  the  locality  in 
which  the  same  are  situated;  and  also  where  said  railroad 
shall    intersect   any    farm    or    land    of   any    individual,    to 
provide  and  keep  in  repair  suitable  and  convenient  wagon- 
ways  over,  under  and  across   said  railroad,  and  to  con- 
struct and  maintain  suitable  and  proper  cattle-guards  at 
all  road   crossings;   provided,  that  this  section  shall  not 
enlarge   the   duty   imposed   by   its   charter  upon   any   rail- 
road company  incorporated  by  special  Act  and  whose  rail- 
road was  constructed  before  the  second  day  of  April,  1873. 
Crossings  in  cities  and  towns  above  or  below  grade.   §  27. 
[Amended,  session  of  1906.]    Where  any  railroad  shall  cross 
any  street  or  highway  in  any  city  or  town  it  shall  be  either 
above  or  below  the  grade  thereof,  at  such  distance  as  shall 
not  interfere  with  the  free  and  uninterrupted  use  of  such 
street   or   highway,   unless   the   common   council   or   other 
governing  body  of  the  city  (or  town,  incorporated  as  such) 
in    charge    of    the   streets    shall    grant    permission    to   the 
railroad    company    to    cross    such    street    or    highway    at 
grade;   provided,  that  such  permission  shall  not  be  neces- 
sary for  the  purpose  of  crossing  at  grade  any  street  or 
highway  which  at  the  time  of  the  acquirement  of  the  right 
of  way  is  not  in  use  for  pedestrians  or  wagons,  either  at 
the  point  of  crossing  or  at  some  other  point  between  the 
crossing  the  nearest  terminus  of  such  street  or  highway; 
where  a  railroad  is  constructed   above  the  grade  of  any 
street  or  highway  by  a  bridge,  it  shall  be  lawful  for  the 
company  to  erect  piers  for  the  support  and  safety  of  the 
bridge,  which  piers  may  be  located  at  the  outer  edge  of  the 
wagon-way,  so  as  not  to  encroach  thereon,  and  may  extend 
thence  into  the  sidewalk,  or  place  left  therefor;   provided, 
that  from  the  land  on  each  side  of  said  street  or  highway, 
so  much  shall  be  added  to  the  sidewalk  on  that  side  and 
thrown  open  to  public  use  for  such  purpose  as  shall  be 
occupied  by  the  pier  on  that  side. 

Highways  may  be  under  or  over  railroad.  §  28.  When 
the  track  of  a  railroad  constructed  by  a  railroad  company 
shall  cross  a  highway  or  turnpike,  such  highway  or  turn-  ' 
pike  may  be  carried  under  or  over  the  track,  as  may  be 
found  expedient,  and  in  cases  where  an  embankment  or 
cutting  shall  make  a  change  in  the  line  or  route  of  such 
highway  or  turnpike  desirable,  with  a  view  to  a  more  easy 
ascent  or  descent,  or  where  more  land  shall  be  required 
in  order  to  make  an  embankment  or  cutting  in  the  high- 
way in  its  approaches  to  the  crossing  to  adapt  it  to  the 
grade  thereof,  the  company  may  acquire  by  purchase  or  by 
condemnation,  in  the  same  manner  as  lands  are  taken  for 
the  right  of  way  of  the  railroad  company,  such  additional 
land  for  the  construction  of  such  highway  or  turnpike 
crossing  on  such  new  line  or  route  or  elevation  as  may 
be  deemed  requisite  by  the  directors,  and  such  land,  when 
so  acquired,  shall  become  a  part  of  such  intersecting  high- 
way or  turnpike  in  such  manner  and  by  such  terms  as  the 
adjacent  parts  of  the  same  highway  or  turnpike  are  held 
for  highway  purposes. 

Construction  and  maintenance  of  proper  bridges  and 
crossings.  §  29.  When  any  company  shall  not  properly 
construct  and  maintain  the  bridges  or  other  crossings  of 
highways  by  its  railroad  tracks  as  required  by  law,  it  shall 


918 


National  Association  of  Railway  Commissioners 


be  lawful  for  the  governing  body  of  the  township  or  mu- 
nicipality wherein  such  crossings  are  located,  within  a 
reasonable  time,  after  notice  to  the  company,  to  construct 
or  repair  such  bridges  or  other  crossings,  and  the  cost 
thereof  may  be  collected  from  the  company  whose  duty 
it  is  to  make  such  construction  or  repair,  by  action  in 
any  court  of  competent  jurisdiction;  or  In  lieu  of  such 
construction  or  repair  the  township  or  municipality  may 
proceed  by  a  suit  in  equity  to  compel  the  specific  per- 
formance of  the  duties  imposed  by  law  upon  such  company 
with  respect  to  the  construction,  maintenance  and  repair 
of  such  bridges  and  crossings,  and  the  court  shall  pre- 
scribe the  crossing  to  be  constructed  or  the  repairs  to  be 
made;  and  in  order  to  enforce  obedience  to  its  decree  or 
mandate,  the  court  may  restrain  the  exercise  of  any  of  the 
franchises  of  the  company  or  adopt  such  other  remedies 
as  may  be  in  accordance  with  the  practice  of  the  court. 

Alteration  of  street  grades  to  secure  safety  to  travel. 
§  30.  In  any  municipality  or  township  it  shall  be  lawful 
for  the  proper  municipal  authorities  to  enter  into  such 
contracts  with  any  railroad  company  whose  road  may  lie 
wholly  or  partially  within  the  municipality  or  township,  or 
whose  route  has  been  located  therein,  will  secure  greater 
safety  to  persons  or  property  therein  or  will  facilitate  the 
construction  therein  or  maintenance  of  other  than  grade 
crossings  of  streets,  highways  or  other  railroads,  and  for 
that  purpose  the  municipal  or  township  authorities  may 
open,  vacate  or  alter  the  lines  and  change  the  grade  of 
any  street  or  highway,  and  the  railroad  company  may  lo- 
cate, relocate,  change,  alter  grades  of,  depress  or  elevate 
any  of  its  railroad  tracks  as  in  the  judgment  of  the  mu- 
nicipal authorities  or  railroad  company,  respectively,  may 
be  best  adapted  to  effectuate  the  purposes  aforesaid;  noth- 
ing herein  shall  repeal  or  in  anywise  affect  an  Act  en- 
titled "An  Act  to  authorize  any  town  or  city  of  this  State 
to  enter  into  contracts  with  railroad  companies,"  etc.,  ap- 
proved March  20,  1901,  and  the  amendment  thereof,  ap- 
proved April  3,  1902. 

County  road  crossings;  change  of  grade.  §  31.  Where 
any  public  road  maintained  at  county  expense  Is  inter- 
sected by  a  steam  railroad,  it  shall  be  lawful  for  the  board 
of  chosen  freeholders  of  the  county,  by  a  vote  of  three- 
fourths  of  the  board,  and  for  the  company  owning  or 
operating  such  railroad,  to  enter  into  a  contract  to  pro- 
vide for  such  grades  or  changes  In  the  grades  of  such 
county  road  and  railroads  as  shall  be  necessary  to  pass 
such  county  road  over  or  under  the  railroad  tracks,  and 
the  board  may  change  the  grade  of  the  county  road  ac- 
cording to  such  contract,  and  may  appropriate  and  order 
to  be  raised  by  taxation  and  pay  such  sums  as  shall  be 
necessary  to  carry  out  the  contract;  it  shall  be  lawful  for 
any  company  owning  or  operating  a  street  railroad  on 
such  county  road  at  the  crossing  to  become  a  party  to 
such  contract. 

Crossing  steam  roads  iy  trolley  lines.  §  32.  When  the 
tracks  on  the  line  of  any  railroad  company  authorized  to 
use  steam  as  a  motive  power  shall  be  crossed  by  the  route 
of  any  other  railroad  or  of  any  street  or  electric  railroad 
hereafter  to  be  constructed  at  a  point  not  within  the  limits 
of  any  city,  such  crossing  shall  be  made  In  such  a  way  as 
will  inflict  the  least  injury  upon  the  rights  of  the  company 
owning  or  operating  the  railroad  crossed,  and  as  will  af- 
ford proper  protection  to  the  public,  and  no  company  shall 
construct  any  railroad  or  any  street  or  electric  railroad 
across  the  line  of  any  steam  railroad  at  any  point  not  within 
the  limits  of  the  city,  except  by  agreement  with  the  com- 
pany whose  line  is  crossed,  as  to  the  mode  of  crossing; 
where  no  such  agreement  shall  be  made  or  where  the 
crossing  is  in  a  highway,  no  such  crossing  shall  be  con- 
structed until  the  company  seeking  such  crossing  shall 
have  first  made  application  to  the  chancellor  to  define  the 
mode  in  which  such  crossing  shall  be  made;  and  it  shall 
thereupon  be  the  duty  of  the  chancellor,  after  causing  rea- 
sonable notice  to  be  given  to  the  township  or  municipal 
authorities  and  also  to  the  corporation  owning  or  operating 
the  railroad  to  be  crossed,  to  define,  by  his  decree,  the  mode 
In  which  such  crossing  shall  be  made,  and  If,  in  his  judg- 
ment, it  shall  be  reasonably  practicable  to  avoid  a  grade 
crossing,  and  public  safety  so  requires,  he  shall,  by  his  de- 
cree, define  and  regulate  the  mode  and  manner  of  crossing, 
otherwise  than  at  grade,  and  the  changes  necessary  in 
the  grade  of  any  highway  to  adapt  it  to  such  crossing,  which 
shall  thereupon  be  made  as  directed  by  such  decree  and  in 
no  other  way. 


Right  to  alter  grades — Procedure.  §  33.  When  the  con- 
struction of  a  crossing  in  the  mode  directed  by  decree 
of  the  chancellor  shall  require  a  change  of  the  grade  of  a 
highway  so  that  the  same  may  pass  above  or  under  the 

tracks  of  the  steam  railroad,  or  the  taking  of  additional 
land  for  the  highway,  the  company  so  crossing  shall  have 
power  to  alter  such  grade,  and  the  grade  of  any  other 
connecting  street,  so  far  as  necessary  to  conform  thereto, 
in  the  mode  directed  by  the  decree,  ynd  to  take  such 
land  for  the  highway  as  may  be  necessary;  and  the  co.u- 
pany  making  such  crossing  shall  pay  the  damages  occa- 
sioned by  the  change  of  grade,  and  shall  pay  the  value 
of  the  land  taken  and  damages  for  change  of  grade;  and 
the  procedure  for  the  ascertainment  of  such  damages  oi 
value  and  damages,  or  both,  shall  be  generally  as  pre 
scribed  by  the  "Act  to  regulate  the  ascertainment  and 
payment  of  compensation  for^  property  condemned  oi 
taken  for  public  use,"  except  that  the  chancellor  shall 
perform  the  duties  in  said  Act  devolved  upon  the  justice 
of  the  Supreme  Court,  and  the  commissioners  shall  pre 
sent  their  report  to  the  chancellor,  who  may,  after  hearing 
confirm  the  same  or  refer  it  back  for  correction  an( 
confirm  it  as  corrected,  or  may,  in  his  discretion,  dlrecl 
the  issue  to  be  tried  by  the  Circuit  Court  and  a  jury; 
and  the  proceedings  shall  be  conducted  under  the  direc 
tion  of  the  chancellor;  and  when  such  report  ot  verlici 
shall  be  confirmed  by  the  chancellor,  and  a  copy  of  th( 
record  thereof  recorded  in  the  office  of  the  county  clerl 
or  register,  it  shall  be  final  and  conclusive,  and  on  jiay 
ment  or  tender  and  payment  into  the  Court  of  Chanc3ry 
made  as  prescribed  in  said  Act  or  as  directed  by  th< 
chancellor,  the  company  may  proceed  in  the  construe  ioi 
of  said  crossing. 

Road  through  cities  way  be  elevated.  §  34.  In  any  ( itj 
except  a  city  of  the  first  class,  the  municipal  author  tie 
may  permit  any  railroad  company  to  lay  and  const  uc 
its  tracks  along  and  upon  any  street  or  highway,  or  al  ov 
such  street  or  highway,  by  means  of  an  elevated  st  'uc 
ture,  and  may  contract  with  such  railroad  company,  fij 
ing  terms  and  conditions  as  to  maintenance  of  cross  ing 
speed  of  trains  and  payment  of  consideration  for  f  ucl 
use,  and  may  do  all  things  necessary  to  carry  out  i  uc' 
contracts,  and  any  such  contract  heretofore  mad(  1 
hereby  ratified  and  confirmed;  pro\ided,  that  no  i  ud 
railroad  shall  be  constructed  along  or  above  any  !  uc' 
street  or  highway  until  the  company  shall  have  acqu  rei 
the  right  of  the  owners  abutting  thereon  by  agreei  en 
or  condemnation  proceedings. 

Engine  hell — Whistle.  §  35.  A  bell  of  a  weight  not  les 
than  30  pounds  shall  be  placed  on  each  engine  and  un 
continuously  in  approaching  a  grade  crossing  of  a  1  igl 
way,  beginning  at  a  distance  of  at  least  300  yards  )  roi 
the  crossing  and  continuing  until  the  engine  has  cro  is& 
such  highway,  or  a  steam  whistle  shall  be  attache!  t 
each  engine  and  be  sounded,  except  in  cities,  at  eas 
300  yards  from  the  crossing,  and  at  intervals  until  th 
engine  shall  have  crossed  the  highway;  under  pei  alt; 
of  $20  for  every  default,  to  be  paid  by  the  com  lan 
operating  such  road,  to  be  sued  for  by  any  info  me 
within  10  days  after  such  penalty  was  incurred,  one  hal 
thereof  to  go  to  the  informer  and  one-half  to  the  county 
provided,  that  nothing  herein  shall  take  away  any  rei  led 
for  such  neglect  from  any  person  injured  thereby;  ever 
railroad  company  shall  cause  a  conspicuous  sign,  wit 
the  inscription  on  each  side:  "Look  out  for  the  loc  im( 
five,"  to  be  maintained  at  each  highway  crossin ;  a 
grade,  of  its  railroad,  so  as  to  be  easily  seen  by  irai 
elers,  but  such  signs  need  not  be  maintained  In  an; 
city,  town,  borough  or  village  unless  required  by  th 
municipal   authorities. 

Petition  Court  of  Chancery  for  gates  or  flagman — Piotei 
tion  of  crossings.  §  36.  Whenever  the  governing  body  o 
any  township  or  municipality  shall,  by  ordinance,  so  d 
rect,  an  application  shall  be  made  on  behalf  of  sal* 
township  or  municipality  to  the  Court  of  Chancery  b: 
petition  for  an  order  that  gates  shall  be  erected  asros 
any  one  or  more  streets  or  highways  where  the  sam?  ar 
crossed  by  a  railroad  track  at  grade,  or  that  a  flaima 
shall  be  stationed  there  to  give  notice  of  the  app-oac: 
of  trains,  or  that  some  other  reasonable  provision  fo 
protecting  such  crossing  shall  be  adopted;  and  upoi 
filing  such  petition  the  chancellor  shall,  after  such  notlc 
to    the    railroad    company   operating   said    railroad    as   h 


Public  Service  Laws 


919 


may  deem  necessary,  proceed  in  a  summary  way  in  per- 
son, or  by  reference  to  a  vice-chancellor  or  master,  to 
Investigate  the  circumstances  of  the  case,  and  if  the 
•court  shall  decide  that  protection  of  the  crossing  is 
reasonable  and  necessary,  the  court  shall  malte  an  order 
or  decree  that  gates  or  bars  shall  be  erected  and  main- 
tained or  a  flagman  stationed  by  such  railroad  company 
at  such  crossings  or  any  of  them,  or  that  some  reason- 
able provision  for  protecting  the  crossing  to  be  specified 
in  said  order  or  decree  shall  be  made  by  said  railroad 
company;  the  railroad  company  shall  protect  the  cross- 
ing as  so  directed,  and  may  be  compelled  so  to  do  by 
mandatory  injunction  and  other  appropriate  remedy,  and 
such  order  or  decree  shall  be  subject  to  review  on  ap- 
peal; in  the  case  of  highways  hereafter  laid  out,  crossing 
at  grade,  railroads  constructed  at  the  time  of  opening 
,of  such  crossing,  the  court  shall,  on  such  application, 
'determine  what  portion,  if  any,  of  the  expense  of  estab- 
lishing gates  and  maintaining  the  same,  or  of  maintain- 
ing flagmen,  should  be  borne  by  the  township  or  munic- 
ipality, and  may  make  such  order  for  the  payment  as 
may  be  necessary;  nothing  in  this  section  shall  repeal 
or  limit  the  other  powers  conferred  upon  any  township 
or    municipality    to    protect   or   regulate    grade    crossings. 

v.— ^CABBIAGEOF   PASSEXGERS. 

Train  service.  §  37.  Every  railroad  company  shall  start 
and  run  trains  for  the  transportation  of  passengers  and 
property  at  regular  times,  to  be  fixed  by  public  notice, 
and  shall  furnish  sufficient  accommodations  for  the  trans- 
portation of  all  such  passengers  and  property  as  shall 
within  a  reasonable  time  previous  thereto  be  offered  for 
transportation  at  the  place  of  starting  and  the  junctions 
of  other  railroads,  and  at  usual  stopping  places  estab- 
lished for  receiving  way  passengers  and  freight  for  that 
train,  and  shall  take,  transport  and  discharge  such  pas- 
sengers and  property  at  and  from  and  to  such  places, 
on  the  due  payment  of  the  fare  or  freight  legally  au- 
thorized therefor,  and  shall  be  liable  to  the  party  ag- 
grieved in  an  action  for  damages  for  any  neglect  or 
refusal  in  the  premises;  if  any  passenger  shall  fail  or 
refuse  to  pay  his  fare  it  shall  be  lawful  for  the  conduc- 
tor of  the  train  and  the  servants  of  the  corporation  to 
put  him  and  his  baggage  out  of  the  cars,  using  no 
unnecessary  force,  at  any  usual  stopping  place  or  near 
any  dwelling-house,  but  not  on  any  bridge  or  in  any  dan- 
gerous  place. 

Passenger  rates.  §  38.  Any  railroad  company  may  de- 
mand and  receive  such  sums  of  money  for  the  transpor- 
tation of  persons  on  its  railroad  and  connections,  and  for 
any  other  services  connected  with  the  business  of  trans- 
portation of  persons  on  or  over  said  railroad,  or  to  or 
from  the  same,  as  it  shall  from  time  to  time  think  rea- 
sonable and  proper,  not  exceeding,  in  the  case  of  railroad 
companies  organized  under  this.A-ct,  3  cents  per  mile  for 
carrying  each  passenger  on  such  railroad,  and  not  ex- 
ceeding, in  the  case  of  railroads  constructed  or  operated 
under  a  special  charter,  3^  cents  per  mile  for  carrying 
each  passenger  on  such  r^iilroad,  and  not  exceeding 
the  rate  per  mile  limited  by  the  charter,  but  no  charge 
shall  be  required  to  be  less  than  10  cents;  tickets  for 
passengers,  except  excursion  tickets  or  tickets  sold  at 
redu'ced  rates,  shall  be  good  until  used;  tickets  sold  at 
less  than  the  rates  herein  limited  shall  be  good  and 
shall  entitle  the  holder  to  passage  for  a  limited  number 
of  days  only  after  the  date  of  issue  thereof,  which  limit 
shall  be  clearly  stated  and  set  upon  the  ticket;  any  rail- 
road company  owning  or  operating  a  railroad  may  collect 
an  excess  of  10  cents  over  the  established  rate  of  fare 
from  any  passenger  who  pays  his  fare  on  the  train,  giv- 
ing him  a  receipt  therefor,  which  shall  entitle  the  holder 
to  have  such  excess  refunded  upon  presentation  at  any 
ticket  office  of  the  company  on  the  line  of  its  railroad; 
such  extra  fare  as  the  company  may  deem  expedient 
may  be  collected  from  passengers  who  travel  in  cars 
furnished  in  a  superior  manner  and  with  extra  accom- 
modations for  the  comfort  of  passengers,  commonly 
known  as  parlor  or  sleeping  cars,  provided  said  company 
shall  also  run  trains  of  ordinary  first-class  passenger 
cars  in  numbers  sufficient  to  accommodate  fully  all  per- 
sons  who   prefer   to   travel   therein. 

When  road  not  liable  for  passenger's  injury.  §  39.  In 
case  any  passenger  on  any  railroad  shall  be  injured  by 
reason  of  his  going  or  remaining  on  the  platform   of  a 


car,  or  on  any  baggage,  wood  or  freight  car,  in  violation 
of  the  printed  regulations  of  the  company  posted  up  in 
a  conspicuous  place  inside  of  its  passenger  cars  on  the 
train,  such  company  shall  not  be  liable  for  the  injury; 
provided,  said  company  at  the  time  furnished  seats  inside 
its  passenger  cars  sufficient  for  the  proper  accommoda- 
tion of  its  passengers. 

State  offlcials  entitled  to  passes.  §  40.  The  governor, 
chancellor,  vice-chancellors,  the  justices  of  the  Supreme 
Court  and  the  judges  of  the  Court  of  Errors  and  Ap- 
peals, judges  of  the  Circuit  Court,  attorney-general, 
secretary  of  State,  State  treasurer,  deputy  State  treasurer, 
State  comptroller,  deputy  State  'comptroller,  clerk  in 
chancery,  deputy  clerk  in  chancery,  clerk  of  the  Supreme 
Court,  deputy  clerk  of  the  Supreme  Court,  adjutant- 
general,  quartermaster-general,  the  secretary  to  the 
governor,  the  executive  clerk,  clerk  to  the  school  fund,  ' 
State  librarian,  custodian  and  assistant  custodian  of  the 
State  capitol,  State  prison  keeper,  supervisor  of  the  State 
prison,  the  superintendent  of  the  New  Jersey  Reforma- 
tory, State  superintendent  of  public  schools,  the  members 
of  the  board  of  fish  and  game  commissioners,  its  secre- 
tary and  protectors,  assistant  State  superintendent  of 
public  schools,  commissioner  of  banking  and  insurance, 
commissioner  of  charities  and  corrections,  parole  agent 
of  New  Jersey  State  Prison,  chief  parole  officer  of  New 
Jersey  State  Home  for  Boys,  chief  parole  officer  of  New 
Jersey  Reformatory,  field  parole  officer  of  New  Jersey 
Reformatory,  parole  officer  of  New  Jersey  State  Home 
for  Girls,  State  Prison  inspectors,  general  agent  and 
agents  of  the  State  board  of  children's  guardians.  State 
geologist,  commissioner  of  public  roads.  State  supervisor 
of  public  roads,  commissioner  of  motor  vehicles,  chief 
of  the  bureau  of  labor  and  statistics,  deputy  chief  of  the 
bureau  of  labor  and  statistics,  commissioner  of  labor,  as- 
sistant commissioner  of  labor,  the  members  and  clerk  of 
the  State  board  of  equalization  of  taxes,  the  members 
and  secretaries  of  the  State  board  of  assessors  and  the 
board  of  railroad  commissioners,  its  secretary  and  inspec- 
tors, the  members  of  the  State  water  supply  commission, 
its  secretary  and  engineer,  the  members  of  the  public 
utilities  commission,  its  secretary  and  inspectors,  members 
of  the  civil  service  commission,  and  the  secretary  and 
chief  examiner  thereof,  commissioner  of  inland  water- 
ways, -chief  of  the  bureau  of  shell  fisheries,  the  secretary 
and  members  of  the  State  board  of  health,  the  members 
of  the  riparian  commissions  and  the  secretary  and  en- 
gineer thereof,  the  members  and  officers  of  both  houses 
of  the  legislature  of  this  State  and  the  members  of  con- 
gress and  United  States  senators,  during  their  various 
respective  terms  of  office  shall  pass  and  repass  free  of 
charge  on  all  railroads  now  or  hereafter  operated  in  this 
State. 

Cheek  baggage.  §  41.  A  check  shall  be  affixed  to  every 
parcel  of  baggage  taken  for  transportation  by  any  rail- 
road company,  it  there  is  a  handle,  loop  or  fixture  so  that 
a  check  can  be  attached  on  such  parcel,  and  a  duplicate 
check  shall  be  given  to  the  passenger  or  to  the  person 
delivering  the  same  on  his  behalf,  and  if  such  check  be 
refused  on  demand,  the  company  shall  pay  to  such  pas- 
senger the  sum  of  $10,  to  be  recovered  in  a  civil  action, 
and  no  fare  or  toll  shall  be  collected  from  such  passen- 
ger, and  if  he  shall  have  paid  his  fare,  the  same  shall 
be  refunded  by  the  conductor  in  charge  of  the  train. 

Transportation  of  bicycles.  §  42.  Any  person  who  shall 
have  purchased  a  ticket  issued  by  any  railroad  company 
entitling  him  to  transportation  on  its  railroad  or  ferries 
as  a  passenger,  shall  have  the  right  by  virtue  thereof 
and  in  lieu  of  other  baggage  to  the  transportation  (on 
the  same  train  or  boat  with  such  passenger),  as  baggage, 
of  one  bicycle  to  and  from  the  place  designated  in  such 
ticket  without  further  or  other  payment  to  the  railroad 
company  therefor;  which  transportation  shall  be  on  the 
same  train  or  boat  with  such  passenger,  where  facilities 
for  the  transportation  of  baggage  then  exist  on  such 
train  or  boat;  provided,  that  such  passenger  shall  remove 
any  lantern  from  such  bicycle;  and  no  passenger  shall  be 
required  to  remove  any  ordinary  or  usual  bicycle  bell 
Or  cyclometer  from  such  bicycle,  nor  to  crate,  cover  or 
otherwise  protect  it;  provided,  that  no  railroad  com- 
pany transporting  bicycles  as  baggage  in  accordance  with 
this  Act  shall  be  liable  for  any  damage  done  to  any 
bell,   cyclometer  or  like  attachments;    any  railroad  com- 


920 


National  Association  of  Railway  Commissioners 


pany  refusing  to  accept  for  transportation  or  to  trans- 
port bicycles  as  baggage,  in  violation  of  this  section,  shall 
forfeit  and  pay  to  such  passenger  $10  for  each  offense, 
to  be  recovered  in  an  action  on  contract  in  any  court  of 
competent  jurisdiction. 

VI. CABBIAGE    OF    FREIGHT. 

Freight  charges.  §  43.  Any  railroad  company  may  de- 
mand and  receive  such  sums  of  money  for  the  transporta- 
tion of  property  on  its  railroad  and  connections  and  for 
any  other  services  connected  with  said  transportation 
on  or  over  its  railroad  or  to  or  from  the  same  as  it 
may  from  time  to  time  think  reasonable  and  proper,  not 
exceeding  10  cents  per  mile  per  ton  for  projjerty  of  any 
description,  subject,  however,  as  follows:  no  charge  shall 
be  required  to  be  in  the  aggregate  less  than  3  cents 
per  100  pounds  for  stone,  coal,  lime,  sand,  shells,  ashes, 
iron  ore,  pig-iron  and  firewood,  and  5  cents  per  100 
pounds  for  other  freight;  on  any  small  package  12 
cents  may  be  charged  whatever  may  be  its  weight  or  the 
distance,  but  not  where  six  or  more  small  packages  are 
delivered  to  one  person  at  one  time,  and  can  be  readily 
weighed  in  the  aggregate  either  as  light  or  bulky  goods 
or  as  ordinary  freight,  in  which  case  the  charge  shall  not 
exceed  that  allowed  for  five  small  packages  unless  the 
lawful  charge  by  weight  for  all  such  six  or  more  small 
packages  shall  exceed  the  said  amount  authorized  by  law 
for  five  small  ijackages,  in  which  case  the  charge  shall 
be  by  weight;  and  when  such  bundles  and  small  pack- 
ages shall  be  delivered  to  one  person  at  one  time  with 
other  ordinary  freight,  the  whole  shall  be  aggregated, 
weighed  and  charged  for  as  ordinary  freight  where  such 
charge  exceeds  that  authorized  for  five  small  packages; 
on  light  and  bulky  goods  80  cubic  feet  may  be  estimated 
as   a   ton. 

Way  freight  charges — Exchange  of  freight.  §  44.  No 
company  shall  charge  or  receive  any  greater  rate  of 
compensation  for  transportation  of  property  between 
way  stations  or  between  a  terminal  station  and  a  way 
station  than  for  transportation  of  such  property  between 
terminal  stations;  all  companies  whose  railroads  cross, 
intersect  or  join  shall  deliver  to  and  receive  from  each 
other  and  forward  to  their  destination  all  property  in- 
tended for  points  on  their  respective  roads  with  the 
same  dispatch  and  at  a  rate  of  freight  not  exceeding  the 
local  tariff  rate  charged  to  other  persons  on  similar 
property  received  at  and  forwarded  from  the  same  point. 
Carriage  of  mails;  charges.  §  45.  Any  railroad  com- 
pany shall,  when  applied  to  by  the  postmaster-general, 
convey  the  mails  of  the  United  States  on  its  railroad, 
and  if  such  company  shall  not  agree  as  to  the  rate, 
time,  speed,  manner  and  terms  of  carrying  the  same,  it 
shall  be  lawful  for  the  governor  of  this  State  to  appoint 
three  commissioners  who,  or  any  two  of  them,  after  a 
hearing  on  15  days'  notice  in  writing  of  the  time  and 
place  of  such  hearing  to  the  company,  shall  fix  the 
price  and  terms,  which  price  shall  not  be  less  for  carry- 
ing said  mails  in  the  regular  passenger  trains  than  the 
amount  which  such  company  would  receive  as  freight 
on  a  like  weight  of  merchandise  transported  in  their 
merchandise  trains,  and  a  fair  compensation  for  the 
postofiice  car;  and  in  case  the  postmaster-general  shall 
require  the  mall  to  be  carried  at  other  hours  or  at  a 
higher  speed  than  the  passenger  trains  are  run,  the  com- 
pany shall  furnish  an  extra  train  for  the  mail,  and  be 
allowed  an  extra  compensation  for  the  expenses  of  the 
service,   to  be  fixed  as  aforesaid. 

Express  matter.  §  46.  Any  railroad  company  may  charge 
for  the  transportation  of  express  matter  in  packages 
weighing  less  than  100  pounds  each,  or  the  value  of 
which  exceeds  |1  per  pound,  or  of  property  forwarded 
in  passenger  or  special  trains  or  of  property  the  hand- 
ling or  transportation  of  which  is  attended  with  extraor- 
dinary expense  or  risk,  such  as  living  animals  in  less 
quantities  than  carloads,  valuable  furniture  not  boxed, 
powder,  glass-plates,  pianos  and  the  like,  any  rate  not 
exceeding  twice  the  rate  such  company  is  allowed  to 
charge  for  the  transportation  of  ordinary  goods  by  their 
respective  charters  or  the  law  of  the  State;  any  railroad 
company  may  receive  from  any  express  or  transporta- 
tion company,  person  or  firm  any  amount  that  such  com- 
pany, person  or  firm  shall  agree  to  pay  for  carrying  ex- 
press goods  or  other  property,  any  limit  to  the  rate  of 
compensation  in  the  charters  of  such  railroad  companies 


or  otherwise  to  the  contrary  notwithstanding;  nothiniE 
in  this  Act  shall  be  so  construed  as  to  exonerate  anj 
railroad  company  from  carrying  goods  other  than  here 
inbefore  mentioned  that  shall  be  offered  to  their  agents 
for  transportation  on  the  terms  prescribed  by  theii 
respective  charters   or   by   the   laws  of  the   State. 

Freight  delivered  elsewhere  than  station — Demurrage 
§  47.  When  any  freight  has  been  carried  on  the  railroad 
and  delivered  by  the  company  at  any  point  specilled 
by  the  consignor,  other  than  a  station  of  the  company, 
the  company  shall  not,  after  such  delivery,  be  respon- 
sible for  the  safety  and  security  thereof.  Where  th« 
consignee  of  property  transported  by  a  railroad  to  any 
point  in  this  State  cannot  be  found,  or  refuses  to  receive 
and  pay  charges  and  remove  such  property,  the  company 
may  make  and  collect  a  reasonable  charge  not  exceeding 
$1  per  day,  for  the  detention  of  any  railroad  car  contain- 
ing such  property,  or  tor  the  use  of  the  railroad  track, 
occupied  by  such  car  or  for  botn  such  detention  and  use; 
provided,  no  railroad  company  shall  be  entitled  to  im- 
pose, demand  or  collect  any  charge  for  delay  in  unload- 
ing goods  from  any  railroad  car,  or  for  any  detention  of 
such  car,  commonly  called  demurrage  or  car  service,  un- 
til after  the  expiration  of  three  whole  days,  at  least,  ex- 
clusive of  Sundays,  from  the  time  such  car  has  been 
placed  in  proper  position  for  unloading,  and  has,  excspt 
removal  for  convenience  of  railroad  operation,  not  ex- 
ceeding one  working  hour  daily,  so  remained;  and  jro- 
vided  further,  that  notice  is  given  to  the  consignee  or 
owner  or  to  the  shipi)er  in  cases  where  the  consignee  or 
owner  cannot  be  found  on  whom  to  serve  such  notice, 
and  to  add  such  charge  to  the  charge  for  the  transpoita- 
tion  of  such   property. 

Limit  of  responsibility — Carrier's  notice.  §48.  Any 
railroad  company  may,  by  giving  notice  to  any  pen  on 
offering  goods,  merchandise  or  baggage  for  transpoita- 
tion  on  the  railroad  or  in  the  vessels  of  the  compa  ly, 
limit  their  responsibility  as  carriers  thereof  to  $100  or 
every  100  pounds  weight,  unless  such  person  shall  i  ay 
to  the  company  by  way  of  insurance,  for  any  additio:  ;al 
amount  of  responsibility  to  be  assumed,  such  rate  as 
may  be  charged  by  said  company  therefor,  not  to  exci  ed 
the  legal  rates  for  transporting  100  pounds  for  evi  ry 
$200  of  additional  responsibility  assumed  on  each  :  00 
pounds,  and  at  that  rate  for  a  greater  or  less  quantiy; 
and  a  general  notice  of  the  limitation  of  the  compan  's 
liability,  placed  in  a  conspicuous  place  at  or  in  ■  he 
office  of  the  company  where  goods,  merchandise  or  b  ig- 
gage  is  usually  received  for  transportation,  and  inseri  ed 
in  the  bill  of  lading  or  receipt  given  for  such  goods  or 
merchandise,  and  in  the  tickets  delivered  to  passengc  rs, 
shall  be  deemed  sufficient  notice  under  this  section. 

Carriage  of  explosives.  §  49.  No  person  shall  be  ei  ti- 
tled to  carry  or  require  any  comprny  to  cany  on  a  ly 
railroad  any  aqua  fortis,  oil  of  vitriol,  gunpowder,  nit  -o- 
glycerine,  matches  or  other  goods  of  a  dangerous  natu  'e, 
and  if  any  person  sends  by  the  railway  any  such  goc  is 
without  distinctly  marking  their  nature  on  the  outside  of 
the  package  containing  the  same,  or  otherwise  givi  ig 
notice  in  writing  to  the  agent  of  the  company  with  wh<  m 
the  same  are  left  at  the  time  of  so  sending,  he  sh  til 
forfeit  to  the  company  $20  for  every  such  offense,  a  id 
be  besides  liable  to  all  damage  that  may  occur  therefrom, 
and  the  company  may  refuse  to  take  any  parcel  that  they 
may  suspect  to  contain  goods  of  a  dangerous  nature  or  l 
require  the  same  to  be  opened  to  ascertain  the  fact.l 


1 


VII. — REGULATIONS,   REMEDIES   AND  PENALTIES. 

Passenger  trainmen  to  be  properly  designated  by  oadje. 
§  50.  Every  conductor,  brakeman,  engineer,  baggagem  as- 
ter or  other  servant  of  any  railroad  company  employed 
on  a  passenger  train  or  at  a  station  for  passengers,  shill 
wear  upon  his  hat  or  cap  a  badge,  which  shall  indici  te 
his  office  and  the  initial  letters  of  the  style  of  the  com- 
pany by  which  he  is  employed;  no  conductor  or  collecior 
without  such  badge  shall  be  entitled  to  demand  or  re- 
ceive from  any  passenger  any  fare  or  ticket,  or  to  exer- 
cise any  of  the  powers  of  his  office,  and  no  officer  or 
servant  without  such  badge  shall  have  authority  to  med- 
dle or  interfere  with  any  passenger,  'his  baggage  or 
property;  if  any  person  shall,  .while  in  charge  of  an  en- 
gine running  upon  a  track  of  any  railroad  -.-ompany,  or 
while  acting  as  a  conductor  of  a  car  or  train,  be  intoxi- 
cated, he  shall  be  guilty  of  a  misdemeanor. 


I 


Public  Service  Laws 


921 


Sale  of  books,  papers,  etc..  on  train.  §  51.  When  any 
person  not  authorized  by  a  license  signed  by  the  presi- 
dent or  superintendent  shall  get  upon  a  train  of  any 
railroad  company  with  intent  and  purpose  to  sell  books, 
papers,  fruit,  provisions  or  other  articles,  it  shall  be 
lawful  for  any  conductor  or  other  servant  or  agent  of 
the  company  to  eject  each  person  from  the  train  and 
station  of  the  company,  using  no  unnecessary  violence, 
and  to  tal<e  possession  of  such  books,  papers,  fruit,  pro- 
visions and  other  articles,  and  the  baskets,  boxes  or  ves- 
sels containing  the  same,  and  to  give  them  to  the  over- 
seer of  the  poor  of  the  township  or  municipality  where 
such  person  shall  be  ejected,  for  the  use  of  the  poor. 

Making  up  trains — Passage  of  oil  cars  hy  passenger 
trains.  §  52.  In  forming  a  passenger  train,  no  freight  car 
shall  be  placed  in  the  rear  of  a  passenger  car,  and  If  it 
shall  be  so  placed,  the  conductor,  officer  or  agent  who  so 
directed  or  knowingly  suffered  such  arrangement  shall  be 
guilty  of  a  misdemeanor;  no  cars  engaged  in  the  trans- 
portation of  petroleum  or  crude  oil  in  bulk  shall  pass  any 
passenger  train  in  any  tunnel  or  on  any  bridge  more  than 
100  feet  in  length,  nor  enter  into  such  tunnel 
or  upon  such  bridge  during  the  time  a  passenger  train 
shall  be  there,  under  the  penalty  of  $1,000  for  each  viola- 
tion hereof,  to  be  recovered  from  the  company  by  any 
inhabitant  of  this  State  who  may  sue  for  the  same,  one- 
fourth  of  said  sum  to  go  to  the  plaintiff  and  three-fourths 
to  the  school  fund  of  the  Slate. 

Signal  device  between  engine  and  cars.  §  53.  Any  com- 
pany operating  a  railroad  shall  have  a  bell,  gong  or 
whistle  on  the  locomotive,  to  which  a  rope  or  strong  cord 
shall  be  attached,  leading  from  thence  through  every  bag- 
gage, express  and  passenger  car,  and  through  or  over  every 
other  car  in  the  train,  and  within  easy  and  convenient 
reach  of  the  employes  on  the  train,  and  the  other  end 
attached  to  the  rear  end  of  the  rear  o^r  of  said  train;  or 
in  lieu  thereof,  on  its  passenger  trains  or  mixed  passenger 
and  freight  trains,  such  company  shall  adopt  and  use  any 
apparatus,  device  or  machine  approved  by  the  general 
manager  or  general  superintendent  of  the  company,  and 
using  air,  steam  or  electricity,  whereby  signals  may  be 
surely,  quickly  and  conveniently  given  to  the  engineer 
upon  tile  engine  drawing  the  train,  by  employes  in  any 
car  of  the  train;  any  company  violating  the  provisions  of 
this  section  shall  be  subject  to  a  fine  of  $500  for  each 
offense,  to  be  recovered  by  any  inhabitant  of  this  State 
who  may  sue  for  the  same  in  any  court  having  cognizance 
of  the  same,  one-fifth  of  said  fine  to  go  to  the  plaintiff 
and  four-fifths  to  the  State. 

Unobstructed  windows.  §  54.  It  shall  not  be  lawful  to 
use  in  the  transportation  of  passengers  on  any  railroad 
any  passenger  car  having  fastened  screens,  bars  or  grat- 
ings across  the  windows,  and  any  person  or  company  vio- 
lating this  Act  shall  forfeit  $200  for  each  offense,  to  be 
recovered  by  any  inhabitant  of  this  State  who  may  sue 
for  the  same  in  any  court  having  cognizance  of  the  same, 
one-quarter  to  go  to  the  plaintiff  and  three-quarters  to  the 
State. 

Trespassing  on  tracks.  §  55.  It  shall  not  be  lawful  for 
any  person  other  than  those  connected  with  or  employed 
upon  the  railroad  to  walk  along  the  tracks  of  any  railroad 
except  when  the  same  shall  be  laid  upon  a  public  highway; 
if  any  person  shall  be  injured  by  an  engine  or  car  while 
walking,  standing  or  playing  on  any  railroad,  or  by  jump- 
ing on  or  off  a  car  while  in  motion,  such  person  shall  be 
deemed  to  have  contributed  to  the  injury  sustained,  and 
shall  not  recover  therefor  any  damages  from  the  company 
owning  or  operating  said  railroad;  provided,  that  this 
section  shall  not  apply  to  the  crossing  of  a  railroad  by 
any  person  at  any  lawful  public  or  private  crossing. 

Spark  arresters.  §  56.  Every  company  or  person  oper- 
ating or  using  any  railroad  shall  take  and  use  all  prac- 
ticable means  to  prevent  the  communication  of  fire  from 
any  engine  used  by  them  in  passing  along  or  being  upon 
such  railroad  to  the  property,  of  whatever  description,  of 
any  owner  or  occupant  of  any  land  adjacent  or  near  to 
said  railroad,  and  shall  provide  such  engine  with  a  screen 
or  cover  in  the  smokestack  so  as  to  arrest  and  prevent, 
as  much  as  practicable,  the  escape  of  fire;  any  company 
or  person  refusing  or  neglecting  to  make  such  provision 
shall  forfeit  for  every  such  refusal  or  neglect  $100  to  any 
person  who  may  sue  for  the  same,  to  be  recovered;  with 
costs,   in   an  action   upon   contract  in   any   court  having 


cognizance  thereof,  one-half  of  the  sum  to  go  to  the  per- 
son suing  and  one-half  to  the  State  for  the  public  school 
fund. 

Liability  for  damage  from  sparks.  §  57.  When  injury 
is  done  to  property  by  fire  communicated  from  an  engine 
of  any  company  or  persons  in  violation  of  the  foregoing 
section,  such  company  or  person  shall  be  liable  in  dam- 
ages to  the  person  injured;  and  in  every  action  for  an  in- 
jury done  to  the  property  of  any  person  by  fire  com- 
municated from  an  engine  in  violation  of  the  preceding 
section  of  this  Act,  proof  that  the  injury  was  communi- 
cated from  an  engine  shall  be  prima  facie  evidence  of  such 
violation,  subject,  nevertheless,  to  be  rebutted  by  evidence 
of  the  taking  and  using  all  practicable  means  to  prevent 
such  commupication  of  fire  as  by  said  section  required; 
it  shall  be  lawful  for  any  railroad  company  to  insure 
such  property  exposed  to  loss  by  fire  communicated  from 
its  engines,  and  such  company  shall  have  an  insurable 
interest  therein. 

Period  for  bringing  suit  for  damages.  §  58.  All  actions 
accruing  from  injuries  to  persons  caused  by  the  wrongful 
act,  neglect  or  default  of  any  railroad  company  owning 
or  operating  any  railroad  within  this  State  shall  be  com- 
menced and  sued  within  two  years  next  after  the  cause  of 
action  accrued,  and  not  after;  actions  by  an  executor  or 
administrator  for  injuries  causing  the  death  of  the  testator 
or  intestate  shall  be  commenced  and  sued  within  one  year 
next  after  the  death,  and  not  after;  all  actions  for  injury 
done  to  any  property  by  fire  communicated  by  an  engine 
of  any  railroad  company  on  any  railroad  within  this  State 
shall  be  commenced  and  sued  within  one  year  after  the 
cause  of  action  accrued,  and  not  after. 

Avoidance  of  paying  fare.  §  59.  If  any  person  shall 
travel  or  attempt  to  travel  on  any  train  on  any  railroad 
without  having  previously  paid  his  fare  and  with  intent 
to  avoid  payment  thereof,  or  if  any  person  having  paid  his 
fare  for  a  certain  distance  shall  knowingly  and  wilfully 
proceed  on  such  train  beyond  such  distance  without  pre- 
viously paying  the  additional  fare  for  the  additional  dis- 
tance, and  with  intent  to  avoid  the  payment  thereof,  or  if 
any  person  knowingly  and  wilfully  refuse  or  neglect,  on 
arriving  at  the  point  to  which  he  has  paid  his  fare,  to  quit 
such  train,  every  such  person  shall  for  every  such  offense 
forfeit  to  the  company  running  the  train  a  sum  not  ex- 
ceeding $5,  which  fine  shall  be  imposed,  with  costs,  by 
any  justice  of  the  peace  in  the  county  or  district  court 
of  a  city,  or  any  recorder,  police  justice  or  police  court  of 
the  municipality  where  the  offender  may  be  arrested  or 
sued,  by  whatever  name  such  police  court  may  be  known, 
before  whom  such  person  shall  be  brought,  on  complaint 
made  on  oath  or  affirmation,  and  after  summary  hearing 
of  the  facts  and  circumstances  or  on  admission  of  the 
party,  and  such  justices,  district  courts,  recorders,  police 
justices  and  police  courts  shall  have  jurisdiction  of  such 
complaints  and  proceedings;  if  any  person  be  discovered- 
in  committing  or  attempting  to  commit  such  offense,  all 
officers,  servants,  railway  police  and  other  persons  on 
behalf  of  the  company,  and  all  constables  and  peace  offi- 
cers may  lawfully  apprehend  and  detain  such  person  until 
he  can  conveniently  be  taken  before  such  justice,  district 
court,  or  such  recorder,  police  justice  or  police  court  of 
the  municipality,  or  until  he  shall  be  otherwise  discharged 
by  due  course  of  law. 

Penalty  for  exercising  franchise  without  authority.  §  60. 
Any  company  or  person  exercising  or  attempting  to 
exercise  a  railroad  franchise  without  statutory  authority 
shall  be  liable  to  a  penalty  of  $250  for  each  and  every 
offense,  to  be  sued  for  and  recovered  in  the  name  of 
the  State  of  New  Jersey,  one-half  of  which  fines,  when 
recovered,  shall  be  paid  to  the  informer,  and  the  other 
half  into  the  treasury  of  the  "county  where  the  action 
shall  be  tried  or  conviction  had;  this  penalty  is  not  ex-  . 
elusive  of  any  other  remedies. 

Wrongftil  acts  of  employes,  etc.  §  61.  Any  employe  of 
any  railroad  company  who  shall  wilfully  or  negligently 
disregard  and  disobey  any  rule,  regulation  or  published 
order  of  the  company  in  regard  to  the  running  of  trains 
shall  be  deemed  guilty  of  a  misdemeanor;  any  person 
who  shall  wilfully  impair,  injure,  destroy  or  obstruct 
the  use  of  any  railroad,  or  of  any  tracks,  wharves, 
bridges,  cars,  engines,  machinery,  crossing  signs,  signals, 
gates,  or  other  necessary  works  of  any  railroad  com- 
pany,   shall   forfeit   and   pay   to   the   company   owning   or 


922 


National  Association  of  Railway  Commissioners 


operating  such  road  the  sum  of  $50,  to  be  recovered  in 
an  action  on  contract  in  any  'court  of  competent  juris- 
diction; the  penalties  imposed  by  this  section  shall  not 
exclude  any  other  liability,  penalty  or  remedy,  civil  or 
criminal. 

As  to  stiikes.  §  62.  If  any  railroad  employe  on  any 
railroad  within  this  State,  engaged  in  any  strike  or  with 
a  view  to  incite  others  to  such  strike,  or  in  furtherance 
of  any  combination  or  preconcert  with  any  other  person 
to  bring  about  a  strike,  shall  abandon  the  engine  in  his 
charge  when  attached  to  a  train  at  any  place  other  than 
the  schedule  or  otherwise  appointed  destination  of  such 
train,  or  shall  refuse  or  neglect  to  continue  to  discharge 
his  duty,  or  to  proceed  with  such  train  to  the  place  of 
destination  aforesaid;  or  if  any  railroad  employe  within 
this  State,  for  the  purpose  of  furthering  the  object  of 
or  lending  aid  to  any  strike  organized  or  attempted  to 
be  maintained  on  any  other  railroad,  either  within  or 
without  the  State,  shall  refuse  or  neglect  in  the  course 
of  his  employment  to  aid  in  the  movement  over  and 
upon  the  tracks  of  the  company  employing  him  of  the 
cars  of  such  other  railroad  company  received  therefrom 
in  the  course  of  transit,  he  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  convtction  thereof,  shall  be 
fined  not  less  than  $100  nor  more  than  $500,  and  may 
also  be  imprisoned  for  a  term  not  exceeding  six  months, 
at   the  discretion  of  the   court. 

Interference  by  strikers,  or  destruction  of  property. 
§  63.  If  any  person,  in  aid  or  furtherance  of  the  objects 
of  any  strike  upon  any  railroad,  shall  interfere  with, 
molest  or  obstruct  any  locomotive  engineer  or  other  rail- 
road employe  engaged  in  the  discharge  or  performance 
of  his  duty  as  such,  or  shall  obstruct  any  railroad  track 
within  this  State,  or  shall  injure  or  destroy  the  rolling 
stock  or  other  property  of  any  railroad  company,  or  shall 
take  possession  of  or  remove  any  such  property,  or  shall 
prevent  or  attempt  to  prevent  the  use  thereof  by  such 
company  or  its  employes,  or  shall  by  offer  of  recom- 
pense induce  any  employe  of  any  railroad  company 
within  this  State  to  leave  the  service  of  such  company 
while  in  transit,  every  such  person  offending  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  exceeding  $500,  and  may  also 
be  Imprisoned  not  more  than  one  year,  at  the  discretion 
of   the    court. 

VIII. — CONSOLIDATION    AND    LEASE. 

May  lease,  merge,  etc. — Rates.  §  64.  [Amended,  session 
of  1906.]  Any  railroad  company  of  this  State  may  lease  its 
road,  or  any  part  thereof,  to  any  other  railroad  company  of 
this  or  any  other  State,  or  may  take  a  lease  of  the  road, 
or  any  part  thereof,  of  any  other  railroad  company  of 
this  or  any  other  State,  or  may  unite  and  consolidate  as 
well  as  merge  its  stock,  property,  franchises  and  road 
with  those  of  any  other  company  or  companies  of  this 
or  any  other  State,  or  may  do  both,  and  after  such  lease 
or  consolidation  the  company  or  companies  so  acquiring 
said  stock,  property,  franchises  and  road  may  use  and 
operate  said  road  and  their  own  road,  and  collect  fares 
and  freights  as  provided  in  the  case  of  companies  or- 
ganized under  this  Act,  but  not  in  excess  of  the  charges 
on  the  line  of  any  of  the  consolidated  companies,  and 
shall  not  exceed  the  rates  limited  by  any  special  Act 
incorporating  such  company;  such  leasing  or  consolida- 
tion may  be  made  where  the  roads  of  the  said  companies 
connect  either  directly  or  over  the  intervening  line  of 
one  or  more  other  railroad  companies;  no  such  lease, 
union,  consolidation  or  merger  shall  take  effect  until 
the  parties  thereto  file  in  the  office  of  the  secretary 
of  State  an  agreement  surrendering  to  the  State  all 
rights  of  exemption  and  contract  privileges  with  respect 
to  taxation,  and  reserving  to  the  State  any  existing  right 
to  take  the  property  of  any  of  the  parties,  and  the  prop- 
erty and  franchises  in  this  State  of  the  lessor  and  lessee 
and  of  such  consolidated  company  shall  be  subject  to 
taxation  under  the   general   laws   of   this   State. 

Act  of  ]88o  not  repealed — Merger.  §  65.  Nothing  in  this 
Act  contained  shall  be  construed  to  repeal  the  Act  en- 
titled "An  Act  respecting  the  leasing  of  railroads,"  ap- 
proved May  2,  1885,  as  amended  by  Act  of  April  2,  1898; 
but  any  railroad  company  whose  road  or  proposed  road 
Is  less  than  10  miles  in  length,  at  any  time  after  its 
route  shall  have  been  determined  upon  and  the  survey 
thereof  filed  as  required  by  law,  may  unite,  consolidate 


and  merge  its  capital  stock,  franchises,  property  and 
road  with  those  of  any  other  railroad  company  now  or 
hereafter  organized  under  the  laws  of  any  adjoining 
State,  in  the  manner  provided  by  law  tor  the  consolida- 
tion of  railroad  companies  of  this  State,  whenever  the 
railroads  of  said  companies  so  to  be  consolidated  may  to- 
gether form  a  continuous  line  of  railroad;  any  lease  shall 
be  made  by  a  contract  approved  either  in  writing  or  by 
vote  at  a  meeting  of  stockholders  by  the  holders  of 
two-thirds  of  all  the  capital  stock  of  the  railroad  company 
of  this  State  party  to  such  contract,  and  filed  with  the 
secretary  of  State. 

Method  of  merging.     §  66.     The  procedure  for  the  con- 
solidation and  merger  of  railroad  franchises  and  property- 
shall   be   as   follows: 

Action  of  directors — Joint  agreement.  (1)  The  direc- 
tors of  the  several  companies  proposing  to  consolidate 
may  enter  into  a  joint  agreement  under  seal  for  the  con- 
solidation of  said  companies  and  railroads,  prescribing 
the  terms  and  conditions,  the  mode  of  carrying  the  same 
into  effect,  the  name  of  the  new  corporation,  which  nay 
be  that  of  either  of  the  parties  or  a  new  name,  ihe 
number  and  names  of  the  directors  and  other  officers 
thereof,  and  who  shall  be  the  first  directors  and  officers, 
and  their  places  of  residence,  the  location  of  the  piin- 
cipal  office  in  this  State,  which  shall  be  at  some  point 
on  the  line  of  the  road,  the  number  of  shares  of  capital 
stock,  of  which  not  more  than  two-thirds  may  be  preferred 
stock,  the  amount  or  par  value  of  each  share,  and  ■  he 
manner  of  converting  the  capital  stock  of  each  company 
into  that  of  the  new  company,  and  how  and  when  di- 
rectors and  officers  shall  be  chosen,  with  such  otlier 
details  as  they  shall  deem  necessary  to  perfect  si  ch 
consolidation   and   new   organization. 

Agreement  submitted  to  stockholders.  (2)  Said  agiee- 
ment  shall  be  submitted  to  the  stockholders  of  each  of 
said  companies  at  a  meeting  called  for  the  purpo  e; 
notice  of  the  time  and  place  of  holding  such  meet  ng 
and  of  the  object  thereof  shall  be  mailed  to  the  ri  si- 
dence  or  postoffice  address  of  each  stockholder,  if  kno'  m, 
and  such  notice  shall  be  published  in  some  newspa  >er 
in  the  city,  town  or  county  where  such  company  has  its 
principal  oflice  or  its  principal  place  of  business,  at  le  ist 
once  a  week  for  at  least  two  weeks,  and  at  said  m(  et- 
ing  the  agreement  of  the  directors  shall  be  conside  ed 
and  a  vote  by  ballot  taken  for  its  adoption  or  reject!  )n, 
and  if  two-thirds  in  value  of  all  the  votes  cast  at  si  ch 
meeting  by  sto'Ckholders  voting  in  person  or  by  prcty, 
of  each  of  said  companies,  shall  be  for  the  adoption  of 
said  agreement,  then  that  fact  shall  be  certified  then  on 
by  the  secretary  of  each  company  under  its  seal. 

Agreement  filed — Liabilities  of  new  company.  §  67.  '  he 
agreement  of  consolidation  so  adopted,  with  the  cer  ifl- 
cates  of  adoption  thereon,  shall  be  filed  and  recorded  in 
the  office  of  the  secretary  of  State,  and  such  rec  >rd 
or  a  certified  copy  thereof  shall  be  evidence  of  svch 
agreement  and  of  the  existence  of  said  new  corporati m; 
and  the  several  parties  thereto  shall  from  the  time  ol 
such  recording  be  taken  to  be  one  railroad  company 
of  this  State  by  the  name  adopted,  possessing  witnin 
this  State  all  the  rights  and  franchises  and  sub.ect 
to  all  the  restrictions,  disabilities  and  duties  of  s  ich 
companies  of  this  State  so  consolidated;  and  all  the 
riglits,  privileges  and  franchises  of  each  of  said  c  )m- 
panics  parties  to  the  same,  and  all  rights  of  way,  pi  op- 
erty,  real  and  personal,  and  all  debts,  stock  subscriptions 
and  other  things  in  action  of  each  of  said  compai  ies 
shall  be  taken  to  be  transferred  to  such  new  comp  iny 
without  further  act  or  deed,  and  to  be  vested  in  s  ich 
new  company  as  effectually  as  they  were  in  the  former 
companies,  and  all  rights  of  creditors  and  all  liens  upon 
property  shall  be  preserved  unimpaired,  and  all  debts, 
liabilities  and  duties  of  either  of  said  consolidated  com- 
panies shall  thenceforth  attach  to  said  new  company  and 
be  enforced  against  it  to  the  same  ex-tent  as  if  incuired 
by   it. 

Rights  of  dissatisfied  stockholder,  i  68.  Any  stick- 
holder  of  any  company  who  shall  refuse  to  convert  his 
stock  ini.0  the  stock  of  the  consolidated  company,  or 
isho  may  dissent  from  any  lease  of  the  property  and 
franchise  of  his  company  to  another  new  company, 
may  at  any  tin'.e  within  30  days  after  the  adoption  of 
said    agreement    by    the    stockholders    of    his    company 


Public  Service  Laws 


923 


apijly  by  petition,  on  reasonable  notice  to  the  company, 
to  'the  chancellor  or  to  the  Supreme  Court,  or  one 
of  the  justices  thereof,  who  shall  appoint  three  dis- 
interested citizens  ot  this  State  to  estimate  the  damage, 
if  any,  done  to  su'ch  stockholder  by  said  proposed  con- 
solidation, and  shall  also  separately  appraise  the  shares 
of  such  stockholder  at  the  full  market  value  thereof 
without  regard  to  any  depreciation  or  appreciation 
thereof  in  consequence  of  said  consolidation,  and  their 
award,  when  filed  with  the  clerk  in  chancery  or  the  clerk 
of  the  Supreme  Court  and  confirmed  by  the  said  chan- 
cellor, court  or  justice,  shall  be  final  and  conclusive;  and 
said  'company  may,  at  its  election,  either  pay  to  the  stock- 
holder the  amount  of  the  damages  so  found,  if  any,  or 
the  value  of  the  stock  so  appraised  and  determined;  and 
upon  payment  ot  the  value  of  his  stock  the  same  shall  be 
transferred  and  shall  belong  to  said  company  to  be  dis- 
posed of  by  the  directors  or  retained;  and  in  case  the  ' 
value  of  the  stock  shall  not  be  paid  withiil  30  days 
after  the  confirmation  of  the  award  and  notice  to  said 
company,  the  damages  so  found  and  confirmed  shall 
have  the  force  and  effect  of  a  judgment  of  the  Supreme 
Court  or  a  decree  of  the  Court  of  Chancery,  for  said 
damages,    against    said    company. 

Capital  stock;  amount,  exchange  of,  etc.  §  69.  Any  rail 
road  company  formed  by  merger  or  consolidation  of 
two  or  more  railroad  companies  under  this  Act  may 
issue  shares  of  capital  stock  at  par  ot  an  amount  equal 
to  the  aggregate  par  value  of  all  the  stock  of  the 
consolidated  companies  and  20  per  centum  in  addition 
thereto,  and  may  issue  preferred  stock  to  an  amount 
not  exceeding  one-half  of  its  authorized  capital,  and  may 
exchange  its  stock,  common  or  preferred,  and  its  bonds 
for  the  bonds,  mortgages,  debts  and  stock  of  the  com- 
panies consolidated  on  terms  agreed  upon  with  the 
holders  thereof  and  approved  as  a  part  of  the  agree- 
ment; or  such  consolidated  -company  may  sell  its  stock 
and  bonds  and  use  the  proceeds  to  carry  out  the  agree- 
ment of  consolidation  and  to  extend,  repair,  improve 
and  equip  its  railroads,  and  furnish  all  necessary  lands, 
chattels,  engines,  cars  and  equipments;  provided,  that 
nothing  in  this  section  shall  be  construed  to  reduce  or 
restrict  the  amount  of  capital  stock  authorized  to  be 
issued    by    any    company   under   its    charter. 

New  company  may  borrow;  amount,  use,  honds,  etc. 
§  70.  In  all  cases  of  merger  or  consolidation  of  the  stock, 
N  property  or  franchises  of  any  railroad  company  of 
this  State  with  those  of  any  other  railroad  company 
of  this  or  of  another  State,  the  consolidated  company 
shall  have  power  and  authority  to  borrow  any  amount 
ot  money,  notwithstanding  any  limitation  or  restriction 
contained  in  this  or  any  other  Act,  sufficient  to  cover  all 
the  indebtedness  of  the  companies  so  merged  and  con- 
solidated, and  to  complete,  extend,  reiiair.  Improve  and 
equip  its  railroad,  and  furnish  all  necessary  lands,  chat- 
tels, engines,  cars  and  equipments,  and  to  issue  bonds  for 
the  money  borrowed,  secured  by  mortgage  on  its  cor- 
porate property  and  franchises,  or  any  part  thereof;  any 
railroad  company  which  shall  be  authorized  to  lease  its 
road  to  a  railroad  company  of  another  State  by  special 
Act  sanctioning  such  lease  shall,  in  addition  to  its  then 
existing  power  to  borrow  money  and  issue  bonds  secured 
by  mortgage,  have  power  to  borrow  money  and  issue 
bonds,  payable  not  more  than  100  years  from  the 
date  thereof,  to  an  amount  sufficient  to  cover  all  its 
Indebtedness,  and  for  the  other  purposes  in  this  section 
above  mentioned,  and  may  secure  said  bonds  by  mort- 
gage on  its  property  and  franchises,  and  such  bonds  may 
be  given  in  exchange  for  or  in  satisfaction  of  bonds  or 
other  debts  of  the  company  upon  such  terms  as  may  be 
agreed   on   with  the  holders. 

Surveys,  mays  of  new  company  filed.  §  71.  When  rail- 
road companies  shall  have  merged  their  corporate 
franchises  and  property  as  hereinbefore  provided,  the 
new  company  so  created  shall  file  and  record  a  survey 
of  its  line  or  lines,  and  file  a  map  thereof. in  the  office 
of  the  secretary  of  State,  and  therein  may  relocate 
any  part  of  its  routes  not  constructed,  and  locate  new 
routes  on  making  the  required  deposit  with  the  State 
treasurer,  and  the  line  or  lines  described  on  said  survey 
and  map  shall  be  taken  to  be  the  line  or  lines  of  said 
railroad  company,  and  all  other  routes,  lines  or  locations 
which  shall  not  have  been  actually  built  upon  shall  be 


deemed  and  taken  to  be  abandoned;  such  consolidated 
company  shall  have  power  to  take  land  by  purchase  or 
by  condemnation  in  the  same  manner  and  to  the  same 
extent  as   companies  organized  under  this  Act. 

IX.      SALE    AND    REORGANIZATION. 

Purchase  of  road  sold  hy  order  of  court  by  another  road. 
§  72.  Whenever  the  railroad  and  franchises  of  any  rail- 
road company  of  this  State,  or  any  part  thereof,  shall  be 
sold  by  virtue  of  a  decree,  order  or  judgment  of  any 
court  of  competent  jurisdiction,  any  other  railroad  com- 
pany of  this  State  owning,  leasing  or  operating  a  rail- 
road having  physical  connection  therewith  may  pur- 
chase the  road  and  franchises  sold,  either  at  the  official 
sale  or  thereafter  from  the  purchaser  thereof  at  said  sale,  ^ 
and  the  railroad  and  franchises  so  purchased  shall  be 
merged  with  and  become  a  component  part  of  the  rail- 
road company  so  purchasing  the  same,  upon  the  filing 
and  recording  in  the  office  of  the  secretary  of  State  a 
certificate,  executed  by  the  president  and  secretary  of  the 
purchasing  railroad  company,  setting  forth  said  pur- 
chase, and  upon  filing  and  recording  a  survey  of  the 
route  and  filing  a  correct  and  accurate  map  thereof  in 
the  office  of  the  secretary  of  State;  a  certified  copy  of 
said  certificate  and  survey  shall  be  evidence  thereof  in 
all    courts   and   places. 

Sale  by  receiver — Sale  when  road  partly  outside  State. 
§  73.  The  receiver  appointed  by  the  chancellor  of  an  in- 
solvent railroad  company  of  this  State,  or  of  another 
State  holding  railroad  franchises  and  property  in  this 
State,  may,  with  the  approval  of  the  chancellor,  lease  or 
sell  the  railroad  of  the  insolvent  company,  with  all  its 
chartered  rights,  privileges  and  franchises;  and  the  pur- 
chaser or  lessee  shall  hold,  use  and  enjoy  the  same  dur- 
ing the  residue  of  the  term  limited  in  the  charter  of  the 
company,  or  during  the  term  in  such  lease  specified,  in  as 
full  and  ample  manner  as  the  company  could  or  might 
have  enjoyed  the  same  and  subject  to  all  the  restrictions, 
limitations  and  conditions  contained  in  such  charter;  in 
the  case  of  an  insolvent  railroad  company  whose  railroad 
lies  partly  in  another  State,  the  chancellor  may  order 
the  sale  of  any  of  its  property  or  franchises,  at  the  same 
time  and  place,  whether  in  or  out  of  this  State,  or  any 
official  or  foreclosure  sale  of  the  property  and  franchises 
out  of  this  State,  and  such  sale  may  be  made  in  such 
manner  that  a  purchase  thereof  may  be  made  on  one  and 
the  same  bid  by  the  purchaser  of  the  property  and  fran- 
chises out  of  this  State  or  otherwise  as  the  chancellor 
may  direct,  imposing  on  the  purchaser  such  terms  and 
conditions  as  shall  be  equitable,  and  the  chancellor  may 
order  the  company  to  join  with  the  receiver  in  the  con- 
veyance  of   said   property   and   franchises. 

Title  vested  by  sale  of  lease.  §  74.  When  any  sale  shall 
have  been  made  or  shall  be  made  of  any  railroad  in 
this  State  under  execution  or  by  force  of  any  decree 
or  judgment  in  foreclosure  or  insolvency  proceedings, 
or  otherwise,  or  when  any  lease  of  any  railroad  shall 
be  made  by  a  receiver  by  order  of  the  chancellor,  the 
sale  and  conveyance  or  lease  duly  made  shall  vest  in  the 
purchaser  or  purchasers,  such  title  of  the  parties  to  the 
suit  as  the  court  may  direct,  and  may  include  all  prop- 
erty and  franchises  of  the  corporation  subject  to  all  con- 
ditions, limitations  and  restrictions,  and  the  purchaser  or 
purchasers  and  his  or  their  associates  or  assigns,  not 
less  than  seven  nor  more  than  17  in  number,  or  a 
lessee  from  the  receiver  and  his  associates,  not  less  than 
seven  nor  more  than  17  in  number,  may  within  18 
months  after  such  sale  or  lease  organize  as  a  rail- 
road company  by  filing  and  recording  in  the  office  of 
the  secretary  of  State  a  certificate  that  they  accept 
the  charter  ot  the  company  whose  property  has  been 
sold  or  leased  under  some  corporate  name  different 
from  that  of  the  former  company,  and  setting  forth 
also  the  further  particulars  required  in  a  certificate  of 
organization  under  this  Act  so  far  as  applicable,  and 
such  company  shall  have  all  the  powers  and  franchises, 
and  be  subject  to  all  restrictions,  limitations  and  con- 
ditions of  the  former  company;  in  lieu  of  such  accept- 
ance of  the  former  charter  the  purchaser  or  purchasers 
or  lessees  may  form  a  railroad  company  under  this  Act 
at  any  time  after  such  sale  or  lease,  and  said  company 
shall  have  power  to  take  conveyance  and  operate  such 
railroad  with  the  powers  and  franchises  by  this  Act  con- 
ferred  in   lieu  of   those  granted  by   special   charter. 


924 


National  Association  of  Railway  Commissioners 


Neio  company  may  issue  bonds  and  effect  settlement  of 
debts  of  former  company.  §  75.  When  a  new  railroad  com- 
pany shall  be  organized  to  purchase  and  operate  the  i:ail- 
road  and  franchises  of  any  railroad  company  of  this  State, 
sold  on  foreclosure  or  insolvency  proceedings,  and  has  ac- 
quired title  to  such  railroad  and  franchises,  pursuant  to 
any  plan  for  readjustment  of  the  interest  therein  of  mort- 
gage creditors,  other  creditors  and  stockholders,  and 
for  the  representation  of  such  interest  in  the  bonds,  debts 
or  stock  of  the  new  company,  in  such  case  the  new  com- 
pany may  issue  its  bonds  and  common  and  preferred  stock 
in  conformity  with  such  plan  or  agreement,  and  may 
at  any  time  within  six  months  after  its  organization  com- 
promise, settle  or  assume  the  payment  of  any  debt  or  lia- 
bility of  the  former  company  on  such  terms  as  may  be 
approved  by  a  majority  of  the  agents  or  trustees  entrusted 
with  the  carrying  out  of  the  plan  of  reorganization. 

Sale  by  foreclosure  when  part  of  property  lies  loithout 
State.  §  76.  Where  a  suit  shall  be  brought  to  foreclose  a 
mortgage  of  the  franchises  and  road  of  any  railroad  com- 
pany of  another  State,  any  part  of  whose  route,  whether 
acquired  by  lease  or  otherwise,  shall  lie  within  this  State, 
such  suit  in  this  State  shall,  so  far  as  is  consistent  with 
the  protection  of  parties  having  liens  in  this  State,  be 
conducted  as  auxiliary  to  the  foreclosure  suit  in  the  State 
where  such  corporation  is  domiciled,  and  the  Court  of 
Chancery  shall  have  power  to  decree  the  sale  of  property 
and  franchises  in  this  State,  to  be  made  in  such  other 
State  at  the  same  time  and  place  as  the  foreclosure  sale 
therein,  under  such  regulations  as  to  advertisement  and 
otherwise  and  on  such  terms  as  the  chancellor  may  direct; 
and  no  conveyance  shall  be  made  until  confirmation  by 
the  chancellor  of  the  sale,  and  the  chancellor  may  impose 
such  terms  as  may  be  equitable  upon  the  acquisition  by  the 
purchaser  of  the  property  and  franchises  of  the  company 
in  the  hands  of  a  receiver,  if  any,  in  this  State. 

Action  taken  by  purchasers  to  secure  portion  of  road  in 
this  State  sold  under  foreclosure  elsewhere.  §  77.  Where  a 
new  railroad  company  shall  be  formed  in  the  State  of  the 
domicile  of  such  former  company  by  the  purchasers,  or  on 
their  behalf,  to  take  and  operate  said  railroad  and  its  fran- 
chises, such  company  may,  within  six  months  after  such 
sale,  apply  to  the  Court  of  Chancery  in  the  foreclosure  suit 
in  this  State  by  petition  containing  a  copy  of  its  charter, 
certificate  of  incorporation  or  other  documentary  legal 
evidence,  and  thereupon  the  chancellor,  on  due  proof,  may 
adjudge  and  decree  that  said  company  has  been  legally 
created,  and  has  acquired  the  railroad  property  and  fran- 
chises of  the  original  company,  and  a  copy  duly  certified 
of  said  petition,  proceedings  and  decree  shall  be  filed  in  the 
oflice  of  the  secretary  of  State,  and  said  record  or  a  copy 
thereof  shall  be  evidence  of  the  incorporation  and  rights 
in  this  State  of  such  new  company;  and  the  purchasers  at 
the  official  sale  of  the  proierty  and  franchises  of  said  com- 
pany may  transfer  said  property  and  franchises  to  said 
company,  or,  if  no  conveyance  has  been  made,  may  assign 
and  set  over  their  bids,  in  which  case  the  chancellor  may 
direct  the  receiver,  master  or  officer  to  make  conveyance 
to  Such  new  company  on  such  terms  as.  shall  be  equitable, 
and  such  company  shall  have  and  possess  all  powers  of 
corporations  organized  under  the  laws  of  this  State,  and 
all  powers  conferred  by  said  laws  on  the  corporation  whose 
franchises  and  property  were  sold,  and  may  enjoy  said 
property  and  exercise  such  franchises  so  conveyed  to  it 
within  this  State  as  fully  as  if  it  were  organized  under 
the  laws  of  this  State,  and  subject  to  all  liens,  contracts, 
limitations,  covenants  and  agreements  relative  to  the 
mortgaged  premises,  property  and  franchises  prior  to  the 
making  of  said  mortgage;  and  the  filing  of  said  record- 
In  the  office  of  the  secretary  of  State  shall  operate  as  a 
covenant  to  perform  said  contracts,  limitations,  covenants 
and  agreements. 

X. — MISCELLANEOUS. 

Annual  report  to  legislature.  §  78.  Every  railroad  com- 
pany in  this  State  shall,  on  the  first  Tuesday  of  January  in 
each  year,  make  to  the  legislature  a  report,  under  oath 
of  the  president  of  the  company,  containing  an  account 
of  capital  stock  paid  in,  the  amount  of  funded  and  oth-^r 
debts  of  the  company,  the  cost  of  the  road,  the  cost  of 
equipment,  also  of  the  operation  of  the  company  during  the 
year  preceding  up  to  the  first  day  of  January  aforesaid; 
also  the  expenditures  for  working  said  road,  including 
repairs,    maintenance    of    way,    motive    power    and    con- 


tingencies; also  income  from  passengers,  freight  and 
other  sources;  also  amount  of  dividends  and  how  paid; 
also  the  accidents  that  have  occurred  during  said  year  on 
the  road,  and  the  cause  of  the  same,  with  the  names  of 
the  persons  injured  and  the  nature  and  extent  of  their  in- 
juries; also  the  names  of  the  engineers  and  conductors 
under  whose  management  such  accidents  have  occurred, 
and  whether  such  engineers  and  conductors  are  still  re- 
tained in  the  employ  of  said  companies;  said  reports  shall 
be  filed  with  the  comptroller  of  the  treasury,  to  remain 
in  his  office  of  record,  and  he  shall  transmit  copies 
thereof  to  the  legislature  on  the  first  Tuesday  of  February 
of  each  year;  on  the  wilful  failure  of  any  railroad  com- 
pany of  this  State  to  make  such  report  by  the  first  Tues- 
day of  February  in  each  year,  such  company  shall  forfeit 
and  pay  to  the  State  for  every  such  omission  the  sum  of 
$10,000,  to  be  recovered  in  an  action  on  contract,  with 
costs  of  suit,  and  to  be  added  to  the  public  school  tund  of 
the  State.. 

Proceedings  when  contractor  indebted  to  laborer.  §  79. 
Any  laborer  employed  by  a  contractor  for  the  construc- 
tion of  any  part  of  a  railroad  may  give  notice  to  the 
company  of  any  indebtedness  due  him  by  the  contractor 
by  written  notice  served  on  an  engineer,  agent  or  super- 
intendent of  the  company  having  charge  of  the  sectlcn 
of  the  road  on  which  such  labor  was  performed,  personal  y 
or  by  leaving  at  his  office  or  usual  place  of  business  with 
some  suitable  person,  which  notice  shall  be  served  with;n 
20  days  after  the  last  day  of  the  performance  of  the  labnr 
for  which  the  claim  is  made,  and  shall  state  the  number 
of  days'  labor,  the  time  when  performed,  the  amount 
due,  the  name  of  the  contractor  and  shall  be  signed  by  tl  e 
laborer  or  his  attorney,  and  said  company  shall  be  liab  e 
to  pay  to  such  laborer  the  amount  so  due  to  him  not  e  c- 
ceeding  wages  for  30  days,  and  an  action  may  be  mai  i- 
tained  therefor  if  brought  within  30  days  after  such  ser  - 
ice  of  such  notice;  the  liability  of  the  company  shall  m  t 
exceed  its  liability  to  the  contractor,  and  any  paymei  t 
lawfully  made  to  such  laborer  shall  be  a  discharge  to  tl  e 
company  from  the  contractor  for  the  amount  so  paid. 

Agreement  for  sale  or  lease  of  cars.  §  80.  Whenevi  r 
any  railroad  or  street  railway  equipment  and  rolling  stoc  iv 
shall  hereafter  be  sold,  leased  or  loaned  on  condition  th;  t 
the  title  to  the  same  shall  remain  in  tho  vendor,  lessor  i  f 
bailor  until  the  terms  of  the  contract  as  to  the  paymei  t 
of  installments  or  rentals  or  the  performance  of  oth(  r 
obligations  thereunder  shall  have  been  complied  with,  ar  \ 
when  possession  of  such  property  shall  have  been  d  - 
livered  under  such  contract,  such  condition  shall  not  1  e 
valid  as  to  any  subsequent  judgment  creditor  or  any  su  >■ 
sequent  purchaser  for  a  valuable  consideration  withoi  t 
notice,  unless  the  same  shall  be  evidenced  by  writing,  du  v 
acknowledged,  in  the  same  manner  as  conveyances  i  f 
land,  and  which  writing  shall  be  recorded  in  the  office  <  f 
the  secretary  of  State,  when  the  vendee,  lessee  or  baih  e 
is  a  corporation  operating  its  road  in  more  than  a  sing  e 
county,  and  where  each  line  is  operated  in  a  sing  e 
county,  then  in  the  office  of  the  recorded  of  deeds  of  su(  li 
county  as  a  mortgage  on  goods  and  chattels,  and  unle;  s 
each  locomotive  or  car  shall  have  the  name  of  the  vender, 
lessor  or  bailor  or  his  assignee  plainly  marked  upon  boi  h 
sides  thereof,  followed  by  the  word  "owner,  lessor,  bailo :" 
or  "assignee,"  as  the  case  may  be;  and  the  provisions  'f 
the  Act  entitled  "An  Act  requiring  contracts  for  the  co  i 
dltional  sale  of  personal  property  to  be  recorded,"  approv<  d 
on  the  9th  day  of  May,  1889,  shall  not  apply  to  the  coi 
tional  sale  of  equipment  and  rolling  stock  provided  foi 
this  section. 

Private  railroads — Charges — Rights  above  tunnel 
Any  number  of  persons,  not  less  than  seven,  may 
ganize  a  railroad  corporation  in  the  manner  prescribed 
the  organization  of  corporations  under  this  Act  for  the 
purpose  of  constructing  and  operating  a  railroad,  to  be  lo- 
cated in  whole  or  in  part  beneath  the  surface  of  the  ear  h 
and  to  be  used  for  the  transportation  of  minerals  and  )f 
material  to  be  used  in  the  sinking  and  working  of  mines, 
or  for  the  purpose  of  taking  and  operating  any  private 
railroad  already  constructed  for  such  purpose,  in  whole 
or  in  part,  beneath  the  surface  of  the  earth,  and  such  com- 
pany may  charge  for  the  transportation  of  freight  upon 
so  much  of  the  same  as  shall  be  beneath  the  surface  of 
the  earth  at  the  rate  of  20  cents  per  ton  per  mile,  and 
when  the  distance  of  such  transportation  shall  be  less  than 
one  mile,  a  fraction   of  a  mile  shall   be  considered  as  a 


3V<  d 


Public  Service  Laws 


935 


mile  for  the  purpose  of  fixing  the  rate;  the  right  of 
way  condemned  for  such  railroad  beneath  the  surface  of 
the  earth  need  not  include  the  right  to  permanently  use  or 
occupy  the  surface  above  such  railroad  where  the  same 
is  not  broken,  but  shall  be  confined  to  a  mere  right  to  tun- 
nel, but  such  corporation  may  nevertheless  acquire  by 
condemnation,  so  much  and  such  parts  of  the  surface  as 
may  be  necessary  or  proper  to  operate  its  railroad. 

Crossing  streets  in  municipalities  taken  by  condemna- 
tion—Vacating streets.     §  82.     Any  railroad  company  may 
construct  its  railroad  so  as  to  cross  any  portion  of  any 
street  or  highway  in  any  municipality,  the  land  for  which 
portion  has  been  taken  for  a  street  by  condemnation  under 
proceedmgs   had   under  the   charter  of  said   municipality 
and  which  portion  shall   have  been,  f>,t  (he  time  of  the 
construction    of   said    railroad,   laid    on    land    which    was 
under  tide  water  in  the  year  1864,  when  the  first  riparian 
Act  was  passed,  the  right  to  cross  such  street  or  highway 
to  be  either  on  a  level  with  the  actual  or  established  grad" 
thereof  or  at  such  distance  above  or  below  such  grade 
as  in  the  judgment  of  the  proper  municipal  body  may  be 
•  best  adapted  to  secure  the  safety  of  lives  and  property  or 
promote    the    interests    of    such    municipality;    and    such 
governing  body  shall,  by  ordinance,  authorize  the  construc- 
tion of  such  railroad  and  make  such  provision  or  condition 
concerning  the  same  as  to  them  shall  seem  desirable   and 
when   such   permission   shall  be  given,   shall   have  power, 
liy  like  ordinance,  to  vacate  the  portion  of  such  street  or 
highway  crossed  by  said  railroad  and  such  additional  por- 
tion adjacent  thereto  as  may  lie  between  the  next  inter- 
secting lines  of  public  highways  on  either  side  of  such 
part  of  said  street  so  crossed  by  said  railroad,  or  between 
the  next  intersecting  line  of  a  public  highway  on  the  one 
side   and    the    end    of   said    street    nearest    said    railroad- 
any  navigable  basin  or  natural  waterwav,  subject  to  the 
right  of  public  navigation,  shall  be  deemed  a  public  high- 
way for  the  purpose  of  defining  the  limit  of  vacation  under 
this  Act;   said  railroai  company  shall  pay  to  such  munici- 
pality the  amount  expended  by  said  citv  for  all  improve- 
ments of  the  part  of  the  street  so  vacated,  including  the 
amount  paid  by  such  municipality  for  the  land  taken  by 
it  under  proceedings  to  condemn  said  land  for  a  public 
street  or  highway  or  such  part  of  the  amount  so  expended 
as  has  not  been  otherwise  repaid  to  said  municipality. 

Right  to  bridge  the  Delaware.  §  83.  Any  railroad  com- 
pany of  this  State  whose  railroad  shall  have  been  hereto- 
fore or  shall  hereafter  be  constructed  to  the  Delaware  River 
may  extend  such  railroad  with  as  many  tracks  as  it  shall 
deem  necessary  by  means  of  a  bridge  and  its  approaches 
to  the  middle  of  said  river  and  there  connect  the  same 
with  any  railroad  of  an  adjoining  State,  and  may  change 
the  location  of  its  railroad  or  make  such  other 'improve- 
ments therein  as  may,  in  the  judgment  of  its  directors 
be  necessary  or  convenient  for  the  purpose,  and  may 
take,  by  condemnation,  such  lands  as  may  be  necessary 
upon  filing  and  recording  the  survey  of  the  route  and  mak- 
ing the  deposit  required  by  law,  and  such  company  may 
occupy  so  much  of  the  land  belonging  to  this  State  as 
shall  be  required  for  said  bridge  and  the  piers  and  abut- 
ments thereof  and  approaches  thereto  under  pavment  to 
the  riparian  commissioners  of  such  sum  as  they  may 
fix  as  compensation  for  said  lands,  and  said  commissioners 
upon  receiving  such  payment,  shall  convey  to  said  corpora- 
tion such  lands  in  fee;  such  company  may  retain  the 
possession  and  use  of  its  railroad,  the  location  of  which 
may  be  changed,  if  in  the  opinion  of  its  directors  the 
abandonment  of  such  original  road  would  be  inconvenient 
or  injurious  to  the  interests  of  the  public  and  of  the  railroad 
company. 

Rights  of  foreign  railroads  in  this  State.  §  84.  Any  rail- 
road company  created  by  the  laws  of  any  other  State  which 
IS  authorized  by  lavi^  of  this  State  to  hold  proner'ty  and 
«xercise  franchises  in  this  State,  may  hold  meetings  of 
the  directors  in  this  State,  who  may  exercise  all  the 
powers  and  franchises  of  such  company  in  this  State  so 
lar  as  necessary  to  transact  the  business  of  the  company 
and  may  have  an  oflice  in  this  State  for  the  transfer  of 
slock,  and  its  officers  and  agents  may  transact  the  busi- 
ness of  the  company  in  this  State,  and  any  such  company 
shall  be  deemed  a  corporation  of  this  State  for  the  pur- 
pose of  being  sued  or  proceeded  against  if  insolvent  in 
the  same  manner  and  to  the  same  extent  as  if  organized 
originally  in  this  State,  and  no  suit  of  attachment  at  law 
Shall  be  brought  against  any  such  company;  any  such  com. 


pany  may  be  governed  by  such  rules  and  regulations  as 
snail  be  adopted  under  its  organization  not  repugnant 
to  the  laws  of  this  State. 

Effect  of  restraint  on  duties  and  privileges.  §  85.  When 
any  railroad  company  shall  have  a  duty  imposed  upon 
U  or  a  privilege  which  it  is  authorized  to  exercise  and 
there  is  a  time  limited  wherein  such  duty  is  to  be  dis- 
charged or  such  privilege  exercised,  and  the  company  is 
restrained  by  the  authority  or  intervention  of  any  court 
from  the  discharge  of  the  duty  or  the  exercise  of  the 
privilege  aforesaid,  then  so  much  of  the  time  during 
which  such  restraint  exists  shall  not  be  computed  as 
any  portion  of  the  time  limited  for  the  discharge  of  such 
duty  or  the  exercise  of  such  privilege. 

Failure  to  operate  trains.  §  86.  If  any  railroad  company 
shall  fail  or  neglect  to  run  daily  trains  on  any  part  of 
Its  road  for  the  space  of  10  days,  the  chancellor  on  peti- 
tion of  any  citizen  of  this  State,  and  on  due  proof  of  the 
facts,  may  speedily  appoint  a  receiver,  who  shall  take 
possession  of  all  property  of  the  company,  real  and  per- 
sonal, and  operate  said  road  and  transact  the  ordinary 
business  thereof  in  the  transportation  of  freight  and  pas- 
sengers for  such  time  as  the  chancellor  may  direct,  and  all 
expenses  incurred  thereby  shall  be  a  first  lien  on  all  the 
earnings  thereof  prior  to  any  other  claim,  and  the  surplus 
if  any,  shall  be  distributed  as  the  chancellor  may  direct;' 
and  the  receiver  shall  apply  all  unencumbered  personal 
effects  not  required  in  the  operation  of  the  road  and  all 
moneys  transferred  to  him  at  the  time  of  his 'appoint- 
ment, towards  the  payment  of  wages  then  due  to  employes 
of  the  company,  not  exceeding  two  months'  wages;  this 
section  shall  not  apply  to  any  railroad  at  any  seaside 
resort  built  principally  for  the  transportation  of  summer 
travelers,  nor  to  a  temporary  suspension  necessary  for  the 
completion,  recon^struction  or  change  of  grade  of  any 
railroad. 

Dissolution;  proceedings.     §  87.     When  the  holders  of  a 
majority   of   the    capital    stock   of   any    railroad    company 
which  has  no   bonded   indebtedness,   and   which   does   not 
receive  for  the  operation  of  its  road  money  sufiicient  to 
pay  expenses,  or  which  has  not  commenced  or  fully  com- 
pleted the  construction  of  its  railroad,  or  when  the  hold- 
ers of  90  per  centum  of  the  capital  stock  of  any  railroad 
company  which  has  for  five  years  wholly  abandoned  the 
operation   of   its    railroad   shall   desire    and    determine   to 
dissolve   the   corporation,   such   company  may   make   such 
dissolution  by  filing  in  the  office  of  the  secretary  of  State 
a   certificate   of   such   determination   under   the   corporate 
seal   of   said    corporation,   attested    by   the   president   and 
secretary    thereof,    with    the    verified    consent    in    writing 
signed  by  the  said   majority  or  90  per   centum   of  stock- 
holders, whose  signatures  shall  be  verified,  and  upon  the 
filing    of    such    certificate    said    corporation    shall    be    dis- 
solved, and  all  its  rights  and  franchises  shall  be  surren- 
dered  and   at  an   end,   and   thereupon   the  directors   shall 
proceed,  as  trustees  for  the  creditors  and  stockholders,  to 
sell  and  convert  into  cash  all  its  property  and  assets  and 
apply  the  same  to  the  debts  of  the  company  and  the  nec- 
essary expenses  of  the  trustee,  and  distribute  any  balance 
among  the  shareholders;   the  treasurer  of  the  State  shall 
pay  to  the  said  trustees  any  money  of  the  company  de- 
posited with  him  at  the  time  of  the  filing  of  the  certificate 
of  organization  or  survey  of  route,  upon  the  production 
of  a  copy  of  said  certificate  of  dissolution  and  on  filing  with 
him  an  affidavit  of  the  president,  secretary  and  treasurer 
of  the  company  that  all  debts  of  the  company  have  been 
paid;    provided,   however,    if   any   railroad    company   shall 
heretofore  have  been  or  hereafter  be  decreed  insolvent  by 
the   chancellor  of  this   State,   or  any  court  of   competent 
authority  and  a  receiver  of  such  company  be  appointed  to 
wind  up  and  administer  its  affairs,  the  chancellor  or  such 
court  by  whose  order  such  receiver  may  be  appointed   shall 
have  power  and  authority,  upon  application  by  petition  of 
such  receiver,  and  upon  such  notice  as  may  be  required 
to  be  made  by  the  said  chancellor  of  said  court   to  order 
the  treasurer  of  this   State   to   pay  to   said   receiver  any 
money  of  said  insolvent  company  deposited  at  the  time  of 
Its  organization,  or  such  part  thereof  as  may  remain  on 
deposit,  and   upon  the  making  of  such   order,   the   State 
treasurer  shall  pay  said  money  so  depo;;ited,  or  such  part 
thereof  as  may  remain  in  his  hands,  to  said  receiver,  to  be 
disposed  of  and  distributed  after  the  payment  of  the  ex- 
penses of  the  receiver,  to  such  creditors  or  stockholders 
as  may  by  law  be  entitled  to  receive  the  same 


926 


National  Association  of  Eailway  Commissioners 


Application  of  this  Act.  §  88.  The  provisions  of  this 
Act,  except  as  herein  otherwise  restricted,  shall  apply  to 
all  railroad  companies  however  formed,  created  or  or- 
ganized under  any  law  of  this  State;  any  company  organ- 
ized under  the  Act  for  the  formation  of  railroad  companies 
and  to  regulate  the  same,  approved  April  2.  1873,  shall  he 
included  within  the  description  in  this  Act  of  companies 
organized  under  this  Act;  the  provisions  of  this  Act,  so 
far  as  applicable,  shall  extend  to  any  receiver,  trustee  or 
person  operating  a  railroad  in  this  State  under  a  franchise; 
the  railroad  and  property  of  any  company  organized, 
leased  or  consolidated  under  this  Act  shall  be  subject  to 
taxation  under  the  general  laws  of  the  State;  a  certified 
copy  of  any  certificate  or  survey  or  other  document  filed 
or  recorded  in  the  office  of  the  secretary  of  State,  pur- 
suant to  this  Act,  shall  be  evidence  in  all  courts  and  places 
of  such  certificate,  survey  or  document,  and  of  the  filing 
and  recording  thereof. 

When  franchise  exclusive — Repeal — Construction.  §  89. 
No  franchise  heretofore  granted  to  construct  a  railroad  or 
build  or  establish  bridges  or  ferries  or  operate  any  line 
of  travel  and  take  tolls  or  fares  therefor  shall  hereafter 
continue  to  be  or  be  considered  to  remain  exclusive,  and 
no  like  franchise  hereafter  granted  shall  be  or  be  construed 
to  be  exclusive  unless  in  such  grant  heretofore  or  here- 
after made  it  be  so  expressly  provided,  a.nd  all  corpora- 
tions organized  under  this  Act  shall  be  subject  to  all 
general  laws  now  or  hereafter  to  be  passed  regulating 
railroads  and  their  operation;  all  Acts  and  parts  of  Acts, 
general  and  special,  inconsistent  with  this  Act,  are  hereby 
repealed;  such  repeal  shall  not,  however,  work  a  dis- 
solution of  any  railroad  company,  but  the  charter,  certifi- 
cate of  incorporation,  or  articles  of  association  thereof, 
and  the  rights,  powers  and  privileges  conferred  thereby, 
shall  continue  unaffected  and  unimpaired;  this  repealer 
ehall  not,  however,  revive  any  Act  heretofore  repealed. 

Approved  April  14,  1903. 

EXTORTION,  ETC. 

An  Act  concerning  carriers. 

Be  it  enacted  by  the  senate  and  general  assemily  of  the 
State  of  New  Jersey: 

Penalty  for  overcharging.  §  1.  Any  person  or  persons, 
incorporated  company  or  association,  or  any  incorporated 
company  in  this  State,  which  shall  be  authorized  by  law 
to  take  toll  or  to  charge  for  the  transportation  of  pas- 
sengers, goods,  wares  or  merchandise,  which  shall  di- 
rectly or  indirectly  take  or  demand  from  any  passenger 
or  person  more  than  the  charge,  toll,  rate  or  fare  allowed 
by  law,  shall  forfeit  and  pay  $100,  besides  cost  of 
prosecution,  for  each  and  every  offense,  to  be  recovered 
in  an  action  on  -contract  by  any  person  who  may  sue  for 
the  same,  one-half  to  the  prosecutor  and  the  other  half 
to  the  use  of  the  State,  before  any  court  of  competent 
jurisdiction. 

Ticket  agent's  certificate — Scalping  prohiMted.  §  2. 
Each  agent  who  may  be  authorized  to  sell  tickets  or 
other  evidence  entitling  the  holder  to  travel  on  any 
railroad,  steamboat  or  public  conveyance,  shall  be  pro- 
vided with  a  certificate  setting  forth  his  authority  to 
make  such  sales,  duly  attested  by  the  seal  of  the  owner 
or  persons  operating  such  railroad,  steamboat  or  public 
conveyance,  and  also  by  the  signature  of  the  offi-cer 
whose  name  is  signed  upon  the  tickets  or  coupons  which 
such  agent  may  sell;  and  such  agent  shall  exhibit  to 
any  person  desiring  to  purchase  the  ticket,  or  to  any 
officer  of  the  law  who  may  request  him,  the  certificate 
of  his  authority  thus  to  sell,  and  shall  keep  said  cer- 
tificate conspicuously  posted  in  his  office  for  the  infor- 
mation of  travelers;  and  no  person  not  possessed  of 
such  authority  shall  sell  or  transfer  any  coupon  or  part 
of  any  ticket,  or  other  evidence  of  the  holder's  title  to 
travel  on  any  railroad,  steamboat  or  other  public  con- 
veyance, whether  the  same  be  situated,  operated  or 
owned  within  or  without  this  State;  any  person  selling, 
bartering  or  transferring  any  such  coupon  or  part  of 
any  ticket,  or  evidence,  in  violation  of  this  Act,  shall  be 
deemed  guilty  of  a  misdemeanor  and  be  punished  by 
fine  not  exceeding  $500  or  by  imprisonment  not  exceed- 
ing one  year,  or  both,  in  the  discretion  of  the  court 
where  such  person  shall  be  convicfed. 

Redemption  of  unusued  tickets.    §  3.    The  owner  or  per- 


son operating  any  railroad,  steamboat  or  other  public 
conveyance  shall  provide  for  the  redemption  at  his  or 
its  general  office  of  the  whole  or  such  parts  of  coupons 
of  any  ticket  sold  as  the  purchaser  has  not  used,  and 
shall  redeem  the  same  at  a  rate  which  shall  be  equal 
to  the  difference  between  the  price  paid  for  the  whole 
ticket  and  the  cost  of  a  ticket  between  the  points  for 
which  the  portion  of  said  ticket  was  actually  used. 

Railway  police.  §  4.  On  application  of  any  railroad 
company,  street  railroad  company,  canal  company  or 
steamboat  company  the  governor  of  the  State  may  ap- 
point such  persons  as  the  company  may  designate  to  act 
as  policemen  for  such  company,  and  shall  issue  to  each 
person  so  appointed  a  commission,  a  copy  of  which  shall 
be  filed  in  the  office  of  the  secretary  of  State;  every 
person  so  appointed  and  commissioned  shall,  in  the 
counties  traversed  by  the  conveyances  or  route  of  such 
company,  possess  all  the  powers  of  policemen  and  of 
constables  in  criminal  cases  of  the  several  townships 
and  municipalities  in  such  counties,  and  shall  receive 
from  the  company  by  whom  employed  such  compensa- 
tion as  shall  be  agreed  between  such  company  end 
person;  when  on  duty,  except  when  employed  as  detect- 
ive, he  shall  wear  in  plain  view  a  metallic  shield  or 
device  with  the  words  "railway  police,"  "canal  police" 
or  "steamboat  police,"  as  may  be  appropriate,  and  h» 
name  or  style  of  the  company  for  whom  appointed  in- 
scribed thereon;  when  any  such  company  shall  file  in 
the  office  of  the  secretary  of  State  a  notice  that  it  no 
longer  requires  the  service  of  such  policeman,  his 
as   such   shall  cease  and   determine. 

Sale  of  perishable  goods  not  taken  by  consignee. 
Where  the  consignee  of  perishable  goods  cannot 
found  by  the  carrier  or  shall  neglect  or  refuse  to  rece.ve 
the  same  or  to  pay  the  costs  and  expenses  of  trans- 
portation, charges  for  detention  or  demurrage,  the  ( ar- 
rier  or  its  agent  may  apply  in  writing  to  the  judge  of 
the  Common  Pleas  Court  of  the  county,  or  to  a  judge  of 
a  District  Court  of  the  city  where  such  goods  are  de- 
liverable, and  said  judge,  on  proof  that  such  goods  h  ve 
been  transported,  and  are  perishable,  and  that  the  ( on- 
signee  cannot  be  found  or  neglects  or  refuses  to  rec€  ve 
the  same  or  to  pay  the  costs  and  expenses  of  transpo  ta- 
tion  and  detention  or  demurrage  charges,  shall  order  he 
public  sale  thereof  by  a  constable  or  sheriff  of  the  cou  ity 
at  a  time  and  place  named  in  said  order,  of  which  sale 
such  advertisement  shall  be  made  and  notice  given  as 
the  judge  shall  direct. 

Sale  of  unclaimed  freight  and  baggage.  S  6.  W  ,i  u 
freight,  baggage,  express  or  other  property  transported  bj 
any  carrier  to  its  destination  shall  not  be  called  for  by  the 
owner  or  consignee,  or  when  the  owner  or  consig  ie« 
cannot  be  found  or  is  unknown  or  neglects  or  refi  ses 
to  receive  the  same  or  to  pay  the  costs  and  expei  ses 
of  transportation  and  charges  for  detention  or  dei  lur 
rage,  and  the  same  has  remained  in  the  possession  o\ 
the  carrier  for  six  months  or  is  perishable,  the  ;ar 
rier  may  sell  the  same  at  public  auction;  public  no  ic« 
shall  be  given  by  advertisement  in  one  or  more  ni  ws 
papers  of  the  county  at  least  six  days  before  the  sale 
and  by  notices  set  up  at  least  five  days  before  the  ial« 
in  at  least  five  of  the  most  public  places  of  the  ncigb 
borhood  where  such  property  was  directed  to  be  left  ani 
where  the  sale  is  to  take  place,  naming  the  article;  tc 
be  sold,  the  names  of  the  consignor  and  consigne< .  il 
known,  the  hour  of  sale,  which  shall  be  after  10  in  lh« 
forenoon,  and  before  4  in  the  afternoon,  and  the 
place  of  sale,  which  shall  he  made  in  some  public  pi  ice; 
if  the  residence  of  the  consignee  is  known,  written  no 
tice  shall  be  given  to  him  personally  or  by  leaving  the 
same  at  his  residence  or  by  mailing  the  same  to  hiii  a( 
his  postoffice  address;  where  the  property  is  perishable 
and  will  depreciate  in  value  by  being  longer  kept,  the 
same  may  be  sold  after  two  days,  in  which  case  notice 
shall  be  published  at  least  once  and  posted  at  least  one 
full  day,  or  in  cases  of  urgency,  such  as  shipments  ol 
milk  or  perishable  fruit,  the  sale  may  be  made  at  once 
to  the  best  advantage  at  public  or  private  sale  withoul 
advertisement. 

Disposition  of  receipts  of  sale.     §  7.     When  a  sale  :-liaI' 
be   made  of  such  unclaimed   freight,  either  by  an  i 
of   the    court    or   by    the   carrier,    the    fees   and   exr< 
of   the    sale    shall    be    first    paid,    and    next   the    exiieusei 


Public  Service  Laws 


927 


and  charges  of  the  carrier  for  transportation,  deten- 
tion or  demurrage  and  storage,  and  the  residue  shall 
be  paid  to  the  clerk  of  the  county,  and  the  officer  or 
carrier  making  such  sale  shall  file  therewith  a  report 
of  the  sale,  containing  a  list  of  the  articles  sold,  the 
price  for  which,  and  the  person  to  whom  sold,  the 
expenses  of  advertisement  and  sale,  the  expenses  and 
charges  paid  to  the  carrier,  the  name  of  the  consignor 
and  consignee,  and  the  places  and  dates  of  consignment 
and  of  receipt  at  destination,  of  all  which  the  carrier 
shall  keep  record;  the  money  so  paid  to  the  clerk  shall 
be  paid  to  the  owner  on  order  of  the  county  judge,  but 
it  no  person  shall,  within  one  year  after  the  sale,  claim 
the  proceeds,  the  same  shall  be  paid  into  the  school 
fund  of  the  State. 

§  8.     This  Act  shall  take  effect  immediately. 

Approved   March   29,   1904. 

UNCLAIMED  FREIGHT. 

Be  it  enacted,  etc.: 

Owner  may  recover  proceeds  oj  sale.  §  1.  If  the  pro- 
ceeds of  sale  of  any  unclaimed  freight  has  heretofore 
or  shall  hereafter  be  paid  into  the  school  fund  of  this 
State  by  any  county  clerk  of  the  respective  counties  of 
this  State,  and  afterwards  the  owner  of  such  money  or 
his  legal  representatives  shall,  by  a  petition  in  writing 
addressed  to  the  comptroller  of  the  State  and  the  State 
treasurer,  demand  the  same  and  present  to  them  satis- 
factory proof  that  he  is  entitled  thereto,  on  the  filing  of 
the  said  petition  and  proofs  with  the  said  comptroller  he 
shall  draw  his  warrant  upon  the  State  treasurer  for  the 
sum  of  the  money  to  which  the  said  owner  or  his  legal 
representatives  may  be  entitled  and  the  State  treasurer 
shall  pay  the  same  as  soon  as  proper  appropriation  shall 
have  been  made  therefor. 

Repeal.  §  2.  All  Acts  and  parts  of  Acts  inconsistent 
herewith  be,  and  the  same  are  hereby,  repealed,  and  this 
Act  shall  take  effect  immediately. 

Approved  May  8,  1906. 

ABANDONMENT    OF    STATIONS — SWITCHES. 

Be  it  enacted,  etc.: 

Notice  of  proposed  abandorhment  of  station.  §  1.  Any 
railroad  company  proposing  to  abandon  any  railroad 
station  or  stop  the  sale  of  passenger  tickets,  or  cease  to 
maintain  an  agent  to  receive  and  dis'charge  freight  at 
any  station  now  or  hereafter  established  in  this  State, 
at  which  passenger  tickets  are  now  or  may  hereafter  be 
regularly  sold,  or  at  which  such  agent  is  now  or  may 
hereafter  be  maintained,  shall  post  in  a  conspicuous 
place,  in  the  railroad  station  to  be  affected,  at  least  30 
days  before  the  contemplated  action  is  to  take  effect, 
a  notice  setting  forth  in  detail  such  contemplated  action, 
and  at  the  same  time  said  notice  is  posted  shall  send 
a  copy  of  the  same  to  the  board  of  railroad  •commis- 
sioners. 

Hearing  on  complaint.  Upon  complaint  by  any  interested 
party  that  it  is  the  intention  of  any  railroad  company 
to  abandon  any  railroad  station  or  stop  the  sale  of 
passenger  tickets  or  cease  to  maintain  an  agent  to 
receive  and  discharge  freight  at  any  station  now  or 
hereafter  established  in  this  State,  the  board  of  railroad 
commissioners  may  order  a  hearing,  of  which  the  parties 
at  interest  shall  receive  not  less  than  five  days'  notice, 
and  if,  after  said  hearing,  in  the  opinion  of  the  board 
of  railroad  commissioners,  the  said  station  should  be 
maintained,  or  the  sale  of  passenger  tickets  should  be 
continued,  or  an  agent  to  receive  and  discharge  freight 
should  be  maintained  at  said  station,  it  may  issue  such 
order  or  orders  in  regard  to  the  matter  as  it  may  deem 
reasonable   and  just. 

Penalty.  Any  railroad  company  failing  to  post  a  notice 
at  a  railroad  station  to  be  affected,  or  to  give  notice 
to  the  board  of  railroad  'commissioners,  as  herein  pro- 
vided, shall  be  subject  to  a  penalty  of  $500  for  each 
offense,  to  be  recovered  in  an  action  of  debt  at  the 
suit  of  the  board,  and  the  board  of  railroad  commission- 
ers shall  have  power,  after  hearing,  to  order  and  direct 
such  railroad  company  to  resume  or  continue  its  serv- 
ice, notwithstanding  any  penalty  collected  because  of 
its  failure  to  give  the  notice  provided  for  herein. 

Complaint  against  unprotected  crossing — Hearing — Or- 
der. §  2.  Whenever  a  complaint  is  lodged  with  the  board 
Of  railroad   commissioners   by  the   board   of   chosen   free- 


holders of  any  county,  the  governing  body  of  any  town- 
ship or  municipality,  or  by  20  or  more  freeholders  and 
taxpayers  of  any  township  or  munrcipality,  to  the  effect 
that  a  public  highway  and  a  railroad  cross  one  another 
in  such  county,  township  or  municipality  at  the  same 
level,  and  that  conditions  at  said  grade  crossing  are 
such  as  to  make  it  necessary  for  the  protection  of  travel 
over  the  same  that  gates  shall  be  erected  at  said  cross- 
ing, or  that  a  flagman  shall  be  stationed  there  to  give 
notice  of  the  approach  of  an  engine  or  train,  or  that 
some  other  reasonable  provision  for  protecting  such 
crossing  shall  be  adopted,  it  shall  be  the  duty  of  the 
board  of  railroad  commissioners  to  give  notice  to  the 
railroad  company,  in  interest  of  the  filing  of  such  com- 
plaint, and  to  furnish  a  copy  of  the  same  to  the  rail- 
road company,  and  to  order,  if  requested  by  the  com- 
plainants or  any  railroad  company  at  interest,  a  hearing 
thereon.  If,  upon  such  hearing,  it  shall  appear  to  the 
satisfaction  of  the  board  that  conditions  at  said  crossing 
are  such  as  to  make  it  necessary  for  the  protection  of 
travel  over  the  same,  said  board  may  order  and  direct 
the  railroad  company  to  ere-ct  gates  at  said  crossing 
and  place  an  agent  in  charge  to  open  and  close  the 
same  when  an  engine  or  train  passes,  or  that  a  flagman 
shall  be  stationed  at  such  crossing  who  shall  display 
a  flag  when  an  engine  or  train  is  about  to  pass,  or 
that  such  crossing  shall  be  provided  with  some  other 
reasonable  protection  as  the  board  determines  the  better 
security  of  human  life  and  the  public  safety  requires. 

Permission  for  new  grade  crossings.  §  3.  No  municipal- 
ity shall  hereafter  construct,  or  cause  to  be  constructed, 
any  new  street  or  highway  across  the  tracks  of  any 
railroad  -company  at  grade,  nor  shall  any  railroad  com- 
pany lay  tracks  across  any  street  or  highway  so  as  to 
make  a  new  crossing  at  grade,  without  obtaining  there- 
,for  permission  from  the  board  of  railroad  commissioners. 

System  of  accounts.  §  4.  The  board  of  railroad  com- 
missioners may,  in  its  discretion,  require  a  uniform  sys- 
tem of  rendering  accounts  to  the  board  by  the  railroad 
companies,  and  order  reports  made  in  accordance  with 
such  system;  provided,  that  such  uniform  system  and 
all  forms  of  accounts  which  may  be  required  by  the 
board  shall  conform  to  the  system  and  forms  prescribed 
by    the    Interstate    Commerce    Commission. 

Train  connections — Private  switches.  §  5.  The  board 
of  railroad  commissioners  shall  have  power,  after  hear- 
ing upon  notice,  to  order  and  direct  any  railroad  com- 
pany to  establish  and  maintain  at  any  junction  or  point 
of  connection  or  intersection  with  any  other  line  of  said 
road,  or  with  any  line  of  any  other  railroad,  such  just 
and  reasonable  connections  as  shall  be  necessary  to  pro- 
mote the  convenience  of  the  traveling  public,  and  to 
order  and  direct  any  railroad  company  to  constru-ct, 
maintain  and  operate,  upon  reasonable  terms,  a  switch 
connection  with  any  private  sidetrack  which  may  be 
constructed  by  the  shipper  to  'connect  with  the  railroad, 
where  such  connection  is  reasonable,  practicable  and 
can  be  put  in  with  safety  and  will  furnish  suffi'cient 
business  to  justify  the  construction  and  maintenance  of 
the   same. 

Orders  suiject  to  appeal.  §  6.  All  orders  issued  by  the 
board  of  railroad  commissioners  in  accordance  with  the 
provisions  of  this  supplement  shall  be  complied  with, 
subject  to  appeal  and  penalty  for  default  of  compliance, 
as   provided   in    the   Act   to   which   this   is   a   supplement. 

§  7.     This  Act  shall  take  effe-ct  immediately. 

Approved    April    20,    1909. 

TRANSFEB   TAX   ON   RAILROAD   SHARES. 

Be  it  enacted,  etc.: 

Section  11,  amended.  §  1.  Section  11  of  the  Act  of 
which  this  Act  is  amendatory  be,  and  the  same  is  here- 
by,   amended   to   read   as   follows:      *     *     * 

Transfer  tax.  §  11.  If  a  foreign  executor,  administrator 
or  trustee  shall  assign  or  transfer  any  stock  or  obliga- 
tion in  this  State  standing  in  the  name  of  a  descendant 
or  standing  in  the  joint  name  of  such  descendant  and 
one  or  more  persons,  or  in  trust  for  a  descendant  liable 
to  any  such  tax,  the  tax  shall  be  paid  to  the  State 
treasurer  on  the  transfer  thereof.  No  corporation  of 
this  State  shall  transfer  any  such  stock  unless  notice 
of  the  time  of  such  intended  transfer  be  served  upon 
the   comptroller   of   the   treasury  of   this    State   at   least 


928 


National  Association  of  Eailway  Commissioners 


10  days  prior  to  such  transfer,  nor  until  said  comptroller 
shall  consent  thereto  in  writing;  any  -corporation  making 
such  a  transfer  without  first  obtaining  the  consent  of 
the  comptroller  of  the  treasury,  as  aforesaid,  shall  be 
liable  for  the  amount  of  any  tax  which  may  thereafter 
be  assessed  on  account  of  the  transfer  of  such  stock, 
together  with  the  interest  thereon,  and  in  addition  there- 
to a  penalty  of  $1,000,  which  liability  for  such  tax  and 
interest  and  said  penalty  herein  prescribed  may  be 
enforced  in  an  action  of  debt  in  the  name  of  the  State 
of  New  Jersey. 

Ratio  of  taxation.  On  the  transfer  of  property  in  this 
State  of  a  non-resident  descendant,  if  all  or  any  part 
of  the  estate  of  such  descendant,  wherever  situated, 
shall  pass  to  persons  or  corporations  who  would  have 
been  taxable  under  this  Act,  if  such  descendant  has 
been  a  resident  of  this  State  such  property  located 
within  this  State  shall  be  subject  to  a  tax,  which  said 
tax  shall  bear  the  same  ratio  to  the  entire  tax  which 
the  said  estate  of  such  descendant  would  have  been 
subject  to  under  this  Act  it  such  non-resident  had  been 
a  resident  of  this  State,  as  such  property  located  in  this 
State  bears  to  the  entire  estate  of  such  non-resident 
descendant,  wherever  situated;  provided,  that  nothing 
in  this  clause  contained  shall  apply  to  any  specific  be- 
quest or  devise  of  property  in  this  State. 

§  2.      This    Act   shall    take    effect   immediately. 

Approved  April   17,   1909. 

REORGANIZATION  OF  UTILITY  CORPORATIONS. 

Be  it  enacted,  etc.: 

Property  and  franchises  of  certain  corporations  sold  by 
order  of  court,  to  be  vested  in  purchasers  with  all  rights. 
§  1.  Whenever  the  property  and  franchises  of  any  corpora- 
tion created  by  or  under  any  law  or  laws  of  this  State, 
except  steam-railroad,  canal,  turnpike  or  plank-road  com- 
panies, shall  be  sold  and  conveyed,  under  or  by  virtue 
of  any  decree  or  decrees  of  the  Court  of  Chancery  of 
this  State,  or  of  the  Circuit  Court  of  the  United  States 
in  and  for  the  district  of  New  Jersey,  sitting  in  equity, 
and  an  execution  or  executions  issued  thereon,  to  satisfy 
any  mortgage,  debt  or  debts,  judgment  or  judgments. 
or  other  incumbrance  or  incumbrances  thereon,  such 
sale  and  conveyance,  duly  made  and  executed,  shall 
vest  in  the  purchaser  or  purchasers  thereof  all  the  right, 
title,  interest,  property,  possession,  claim  and  demand, 
in  law  and  equity,  of  the  parties  to  the  suit  or  suits, 
action  or  actions,  in  which  such  decree  or  decrees  was 
or  were  made,  of,  in  and  to  the  said  property  so  sold, 
with  its  appurtenances;  and  also  of,  in  and  to  the  cor- 
porate rights,  liberties,  privileges  and  franchises  of  the 
said  corporation,  but  subject  to  all  the  conditions,  limita- 
tions, restrictions  and  penalties  of  the  said  corporation 
of  and  concerning  the  same;  and  such  purchaser  or  pur- 
chasers, and  his  or  their  associates,  not  less  than  three 
In  number,  shall  thereupon  become  a  new  body  politic 
and  corporate  in  fact  and  in  law,  by  such  name  as  said 
persons  shall  select,  and  shall  be  deemed  and  consid- 
ered the  stffckholders  of  the  capital  stock  of  such  new 
body  politic  and  corporate,  in  the  ratio  and  according  to 
the  amount  of  the  purchase  money  by  them  respectively 
contributed;  and  shall  be  entitled  to  all  the  rights,  lib- 
erties, privileges  and  franchises  and  be  subject  to  all 
conditions,  limitations,  restrictions  and  penalties  of  and 
concerning  the  said  corporation  whose  property  and 
franchises  shall  have  been  so  sold  and  conveyed,  which 
were  contained  in  the  Act  or  Acts  creating,  or  under 
which  the  aforesaid  corporation  was  created,  and  the 
supplements  thereto,  so  far  as  the  same  was  or  were  in 
force  and  unrei)ealed  at  the  time  of  such  sale  and  con- 
veyance. 

Purchasers  to  meet  and  organize  new  corporation.  §  2. 
The  persons  for  or  on  whose  account  any  such  property  and 
franchises  may  have  been  purchased  shall  meet  within 
30  days  after  the  conveyance  made  by  virtue  of  said 
process  or  decree  shall  have  been  delivered,  at  the  county 
town  or  the  county  wherein  said  sale  may  have  been 
made,  written  notice  of  the  time  and  place  of  said  meeting 
having  been  given  to  each  of  said  several  persons  at 
least  10  days  before  said  meeting,  and  organize  said  new 
corporation  by  electing  a  president  and  board  of  directors 
to  continue  in  office  until  the  first  Monday  of  May  suc- 
ceeding such  meeting,  when,  and  annually  thereafter  on 


the  said  day,  a  like  election  for  a  president  and  directors 
shall  be  held  to  serve  for  one  year. 

Adopt  name  and  seal  and  fix  capital  stock.  §  3.  At  suoh 
meeting  so  held,  the  said  person  shall  adopt  a  corporate 
name  and  corporate  seal,  determine  the  amount  of  the 
capital  stock  of  said  corporation,  and  shall  have  power 
and  authority  to  .make  and  issue  certificates  of  stock  in 
shares   of   $50   each. 

May  issue  preferred  stock.  §  4.  The  said  corporation 
may  then,  or  at  any  time  thereafter,  create  and  issue  pre- 
ferred stock  to  such  an  amount  and  at  such  times  as 
they  may  deem  necessary. 

May  borrow  money  and  provide  for  repayment.  §  5. 
Any  corporation  created  under  this  Act  may  borrow  from 
time  to  time  such  sum  or  sums  of  money  as  may  be 
necessary  for  the  accomplishment  of  the  object  of  such 
corporation,  not  exceeding  at  any  one  time  the  total  amount 
of  the  authorized  capital  stock  of  such  corporation,  or 
any  increase  thereof,  and  to  secure  the  repayment  thereof, 
or  of  any  part  or  portion  thereof,  may  issue  bonds  regis- 
tered or  with  coupons  or  interest  certificates  thereto  at- 
tached, or  both,  secured  by  a  mortgage  of  any  or  all  of 
its  franchises,  real  estate  or  personal  property,  including 
stocks  and  securities  of  such  corporation  or  of  any  other 
corporation  whose  stocks  or  securities  it  owns,  which 
mortgage  may  be  recorded  as  mortsages  of  real  est?  te 
are  or  hereafter  may  be  by  law  required  to  be  recorded 
in  the  office  of  the  clerk  or  register  of  deeds  of  ihe  courty 
or  counties  in  which  the  property  of  said  corporation  de- 
scribed in  said  mortgage  may  be  located,  and  in  the  office 
of  the  clerk  or  register  of  deeds  of  the  county  in  which 
the  principal  office  of  such  corporation  is  situate,  aid 
such  record  or  the  lodgn:ent  of  such  mortgage  in  such 
clerk's  or  register's  office  for  record  shall  have  the  sai.ie 
force,  operation  and  effect  as  to  all  judgment  cradito -s, 
purchasers  or  mortgagees  in  good  faith,  as  the  record  or 
lodgment  for  that  purpose  of  mortgages  of  real  estate  n'lw 
have,  although  such  mortgage  may  not  have  been  execut  d, 
proved  or  recorded  as  a  chattel  mortgage. 

Not  to  plead  statute  against  usury.  §  6.  No  corporati  an 
or  corporations  issuing  bonds  under  the  i  revisions  of 
this  Act  shall  plead  any  statute  or  statutes  against  us»  ry 
in  any  court  of  law  or  equity  in  any  suit  instituted  to  n- 
force   the   payment   of  such   bonds   or   mortgages. 

Certificate  to  be  filed  in  office  of  secretary  of  State.  '.  7. 
It  shall  be  the  duty  of  such  new  corporation,  within  c  ne 
month  after  its  organization,  to  make  a  certificate  thert  af, 
under  its  common  seal,  attested  by  the  signature  of  ts 
president,  specifying  the  date  of  such  organization,  ■  he 
name  so  adopted,  the  amount  of  capital  stock,  and  he 
name  of  its  president  and  directors,  and  transmit  the  s  id 
certificate  to  the  secretary  of  State,  at  Trenton,  to  be 
filed  in  his  office  and  there  remain  of  record;  and  a  ce  ti- 
fled  copy  of  such  certificate  so  filed  shall  be  evidence  of 
the  corporate  existence  of  said  new  corporation;  provid  id, 
that  nothing  contained  in  this  Act  shall  divest  or  in  i  uy 
manner  impair  the  lien  of  any  prior  mortgage  or  ot  ler 
incumbrance  upon  the  property  or  franchises  conve:  ed 
under  the  sale  of  said  property  or  franchises,  when  by  he 
terms  of  the  process  or  decree  under  which  the  sale 
has  been  made,  or  by  operation  of  law,  the  said  saU  is 
made  subject  to  the  lien  of  any  suoh  prior  mortgage  or 
other  incumbrance;  and  provided,  that  no  such  sale  ;  nd 
conveyance  or  organization  of  such  new  corporation  si  all 
in  any  wise  affect  or  impair  any  right  or  rights  in  aw 
or  equity  of  any  person  or  persons,  body  politic  or  cor- 
porate, not  a  party  or  parties  to  the  suit  or  suits,  action 
or  actions,  in  which  the  aforesaid  decree  or  decrees  -no 
or  were  made,  nor  of  the  said  party  or  parties,  ex( 
so  far  forth  as  determined  by  said  decree  or  decri 
and  provided,  also,  that  when  any  trustee  or  trustees 
shall  be  made  a  party  or  parties  to  such  suit  or  si  its, 
action  or  actions,  and  their  cestuis  que  trust,  for  my 
reason  or  reasons  satisfactory  to  the  court  in  which  the 
suit  or  suits,  action  or  actions  may  be,  shall  not  be  made 
a  party  or  parties  thereto,  the  rights  and  interests  of 
such  cestuis  que  trust  shall  be  concluded  by  such  decree 
or  decrees. 

§  8.    This  Act  shall  take  effect  immediately. 
Approved  April  16,  1897. 

BRUSH  ox   RIGHT  OF  WAT. 

Be  it  enacted,  etc.: 

Fire  line  along  railroads  to  protect  woodland.  §  1. 
Wherever  in  this  State  woodland,  meaning  thereby  land 


m 


Public  Service  Laws 


929 


or  swainj)  upon  which  there  is  a  growth  of  woods  or  brush, 
adjoins  the  right  of  '^■ay,  or  is  less  than  110  feet  from 
the  roadbed  of  a  railroad  upon  which  are  operated  loco- 
motives using  coal  or  wood  for  fuel,  there  shall  be  con- 
structed a  fire  line  in  the  following  manner: 

Strip  of  hare  land  or  ditch  to  he  maintained.  S  2.  At 
a  distance  of  not  more  than  100  feet  nor  more  than  200 
feet  from  the  outer  rail  on  each  side  of  the  track  or  tracks 
upon  which  trains  pass,  and  extending  practically  parallel 
with  it,  a  strip  of  land  not  less  than  10  feet  wide  shall 
be  entirely  cleared  of  trees,  brush,  grass,  turf  and  other 
combustible  matter,  and  the  bare  earth  shall  be  exposed. 
Where  the  land  is  swampy,  a  ditch  not  less  than  three 
feet  wide,  dug  to  the  level  of  permanent  water,  may  re- 
place the  bared  strip.  Between  such  bared  strip  or  ditch 
and  the  roadbed  all  logs,  fallen  branches  of  trees,  brush, 
grass  and  other  combustible  material  shall  be  cut  and  re- 
moved or  burned  on  the  ground  at  some  convenient  time 
between  the  first  day  of  November  in  each  year  and  the 
first  day  of  March  next  following;  provided,  however,  that 
standing  trees  above  three  inches  in  diameter  at  the  stump 
and  not  less  than  six  feet  apart  need  not  be  felled  but 
must  be  pruned  of  branches  to  not  less  than  six  feet  above 
the  ground.  Where  the  standing  trees  are  close  together, 
enough  must  be  removed  to  make  thofe  remaining  not 
less  than  six  feet  apart;  and  provided,  further,  that  the 
Forest  Park  Reservation  Commission,  on  application  of 
the  railroad  company,  may  authorize  the  omission  of  a 
fire  line  or  of  a  reburning  or  reclearing  of  the  same  in 
such  sections  as  in  its  judgment  the  making,  reburning 
or  reclearing  shall  be  unnecessary. 

Lengths  and  location  of  fire  lines.  S  3.  The  Forest  Park 
Reservation  Commission  shall  each  year  determine  the 
length  and  location  of  such  fire  lines  as  shall  be  con- 
structed under  the  provisions  of  this  Act.  It  shall  be  the 
duty  of  the  assessor  of  each  and  every  township  or  other 
municipality  in  which  such  fire  lines  will  lie  to  furnish  to 
the  Forest  Park  Reservation  Commission,  within  10  days 
of  receipt  of  request  for  the  same,  the  names  and  post- 
office  addresses  of  the  owners  of  woodland  on  which  such 
fire  lines  will  lie,  so  far  as  they  aiipear  upon  the  tax 
books  of  said  township  or  other  municipality.  The  Forest 
Park  Reservation  Commission  shall  thereupon  mail  to  each 
person  whose  name  and  address  shall  appear  on  said 
list,  notice  of  its  intention  to  order  the  construction  of  a 
fire  line,  and  shall  also  give  notice  of  its  intention  by 
advertisement  inserted  once  in  two  papers  of  general  cir- 
culation in  the  section  in  which  said  lands  are  situated. 

In  case  of  ohjcctions.  §  4.  If  the  owner  of  any  wood- 
land shall  object  to  the  construction  of  the  proposed 
fire  line  upon  his  property  he  shall  file  within  15  days 
of  the  date  of  said  notice  or  of  said  advertisement,  with 
the  forest  park  reservation  commission,  an  objection 
thereto,  which  objection  shall  contain  such  des-cription 
of  the  property  as  shall  be  necessary  to  establish  its 
location.  The  owner  of  any  woodlands  who  shall  not 
file,  for  any  reason,  an  objection  to  the  construction  of 
the  said  fire  line  within  the  time  si>ecifled,  shall  be 
deemed  to  have  given  his  consent  thereto.  If  the  owner 
of  any  woodland  file,  as  above,  specified  his  objection 
to  the  proposed  construction,  the  forest  park  reservation 
commission,  if  it  deem  the  construction  of  the  fire  line 
through  said  property  to  be  a  public  necessity,  shall 
notify  him  by  registered  mail  to  show  cause  before 
the  commission,  at  such  time  as  it  may  appoint  (which 
time  shall  be  not  less  than  10  days  from  the  date  of 
said  notice),  why  the  fire  line  should  not  be  constructed 
as  proposed.  After  said  hearing,  the  forest  park  reserva- 
tion commission  may  sustain  the  objection  or  may  order 
the  fire  line  cut,  as  proposed,  and  its  decision  shall  be 
final. 

Annual  construction  hy  railroads.  §  5.  Each  railroad  ' 
company  affected  hereby  shall  construct  each  year,  until 
all  has  been  completed,  such  length  of  fire  line  as  may  be 
ordered  by  the  forest  park  reservation  commission  after 
notice  and  hearing  given,  as  above  specified;  provided, 
however,  the  total  length  of  fire  line  required  to  be 
constructed  shall  not  exceed  in  one  year  one-fifth  of 
the  total  frontage  of  woodland  along  both  sides  of  its 
main  stem  and  branches  extending  therefrom.  It  shall 
also  maintain  by  the  necessary  clearing  or  reburning 
ea-ch  year  all  that  has  been  previously  constructed.  Be- 
fore  the   first   of    October   in    each   year    the    forest   park 


reservation  commission  shall  specify  to  the  general 
manager  or  local  superintendent  of  each  railroad  the 
location  of  that  part  of  the  said  fire  line  to  be  con- 
structed by  the  railroad  under  his  charge  during  the 
following  season;  provided,  however,  that  nothing  in  this 
Act  shall  apply  to  any  tract  of  woodland  which  is 
entirely  isolated  from  any  larger  body  of  woodland  by 
public  roads  or  waterways  at  least  20  feet  wide,  or  by 
open  fields,  and  which  ha.s  an  area  less  than  five  times 
the  area  of  a  fire  line  of  the  minimum  width — namely, 
110  feet— required  to  be  constructed  by  §  2  of  this  A'ct; 
and  such  tracts  shall  not  be  included  in  estimating  the 
total  frontage  of  woodland  along  any  railroad  line.  After 
the  issuance  of  said  order  said  railroad  company  may 
enter  upon  said  lands  for  such  purpose,  and  no  action 
of  trespass  shall  lie  in  consequence  thereof  unless  the 
employes  of  the  railroad  company  in  the  construction 
of  said  fire  lines  shall  do  other  damage  to  the  property 
than  that  necessarily  incident  to  the  construction  of  the 
said  fire   lines,   as   required   by  this  Act. 

Cuttings.  %  6.  All  marketable  wood  which  shall  be  cut 
upon  land  not  belonging  to  the  railroad  company  in  con- 
structing the  said  fire  line,  in  a'ccordance  with  the  pro- 
visions of  this  Act,  shall  be  piled  at  some  point  beyond 
the   fire   line,   subject   to   removal   by  the   owner. 

Action  against  railroads  not  harred.  §  7.  Nothing  in 
this  Act  shall  operate  as  a  bar  to  ahy  action  against 
any  railroad  company  for  damages  to  woodland  through 
fire   started   by   locomotive   or   employes. 

Penalty.  %  8.  Any  railroad  company  which  shall  have 
been  notified  to  construct  fire  lines  in  accordance  with  §  h 
hereof,  and  which  shall  fail  to  do  so,  shall  incur  a 
penalty  of  $200  per  mile  or  fraction  thereof  of  fire  line 
not  constructed  as  required  by  this  Act,  to  be  recoveret 
in  an  action  of  debt  at  the  suit  of  the  forest  park  reser- 
vation commission,  and  all  moneys  so  received  by  the 
said  commission  shall  be  paid  into  the  treasury  of  the 
State  of  New   Jersey. 

§  9.      This    Act    shall    take    effect    immediately. 

Approved    April    12,    1909. 

COVKRING    THIRD    R.VII.. 

Be  it  enacted,  etc.: 

Third  rail  to  he  covered.  §  1.  Any  corporation  operat- 
ing a  railroad  in  the  State,  whether  as  owner,  lessee  or 
otherwise,  on  which  the  cars  are  operated  by  means 
of  electric  energy  or  current  conveyed  along  the  right 
of  way  of  said  railroad  by  means  of  a  third  rail,  or  rails, 
laid  at  or  near  grade,  shall  securely  cover  said  ele'Ctrifled 
third  rail,  or  rails,  with  wood  or  some  other  non-conduct- 
ing material,  for  a  distance  of  75  feet  on  each  side  of  all 
grade  crossings  over  the  right  of  way  of  said  railroad, 
leaving  only  sufficient  opening  for  contact  by  the  shoe 
or  other  apparatus  used  to  convey  the  electric  current 
from  said  electrified  third  rail  to  the  cars  used  on  said 
railroad. 

Penalty.  §  2.  Any  corporation  violating  the  provisions 
of  this  Act  shall  be  subject  to  a  penalty  of  $500  and 
costs  for  each  offense,  to  be  recovered  by  any  citizen 
of  this  State,  who  may  sue  for  the  same  in  any  court 
having  jurisdiction  of  the  same,  one-fifth  of  said  fine 
to  go  to  the  person  suing  for  the  same,  and  four-fifths 
thereof  to  be  paid  to  the  treasurer  of  the  State,  tor 
the   use   of   the   State. 

§  3.  In  all  suits  or  actions  commenced  or  brought 
against  any  corporation  operating  a  railroad  in  the 
manner  referred  to  in  the  first  section  of  this  Act,  for 
injuries  sustained  by  contact  with  an  electrified  third 
rail,  laid  as  set  out  in  the  first  section  hereof,  it  shall  be 
•considered  per  se  negligence  on  the  part  of  said  cor- 
poration defendant  if  said  third  rail  shall  be  not  cov' 
ered  and  protected  in  the  manner  herein  provided. 

§  4.  This  Act  shall  take  effect  on  the  first  day  of 
October.    1908. 

Approved   April   9,    1908.  ! 


STREET   RAILWAY   STOCK. 

Be  it  enacted,  etc.: 

Capital  stock  to  he  sold  for  par  value.  §  1.  No  corpora- 
tion of  this  State,  which  has  acquired,  or  may  hereafter 
acquire,  authority,  permission  or  a  franchise  from  the 
State,  or  any  municipality  thereof,  to  use  or  occupy 
any    street,    highway,    road,    lane    or   public    place    within 


930 


National  Association  ov  Railway  Commissioners 


this  state,  shall  hereafter  issue,  sell  and  deliver  any 
of  its  capital  stock,  except  for  cash,  of  a  like  or  greater 
amount  than  the  par  value  of  the  stock  issued  therefor, 
or  for  property  of  at  least  the  actual  cash  value  of  the 
amount  of  stock  at  par  value  issued  in  payment  therefor. 

Bonds,  how  sold.  §  2.  No  such  corporation  shall  here- 
after issue,  sell  and  deliver  its  bonds,  notes,  or  obliga- 
tions of  any  character,  except  in  return  for  cash,  to  the 
extent  of  at  least  80  per  centum  of  the  face  value  of 
said  securities  issued,  or  for  property  of  an  actual  cash 
value  of  at  least  80  per  centum  of  the  fa'ce  value  of  the 
securities  issued  In  payment  therefor;  provided,  that 
this  section  shall  not  apply  to  any  bonds  bearing  inter- 
est at  a  rate  less  than  5  per  centum  per  annum,  issued 
under  the  provisions  of,  and  intended  to  be  secured  by, 
any  deed  of  trust,  indenture  of  mortgage,  or  like  instru- 
ment made  and  executed  by  any  corporation,  and  re- 
corded in  any  proper  office  in  this  State  for  the  record- 
ing of  such  instruments,  where  such  making,  execution 
and  also  recording  was  prior  to  the  fourteenth  day  of 
August,  A.  D.  1906,  which  bonds  are  a  part  of  the  issue 
provided  for  in  and  by  said  deed  of  trust,  indenture  of 
mortgage  or  other  instrument,  and  a  portion  of  the  issue 
therein  provided  for  were  issued  and  disposed  of  by 
said  corporration  before  the  said  fourteenth  day  of  August, 
A.  D.  1906.  [As  amended  by  Act  approved  February 
15,   1908.] 

Certificate  to  be  filed.  §  3.  Upon  the  issuance,  sale  and 
delivery  of  any  stcck,  bonds,  notes  or  obligations  of 
any  character  of  any  such  corporation,  it  shall  be  the 
duty  of  such  corporation  to  forthwith  file  in  the  office 
of  the  secretary  of  State  a  certificate  setting  forth  the 
amount  of  stock,  bonds,  notes  or  obligations  sold,  as 
the  case  may  be,  the  amount  of  cash  received  in  pay- 
ment therefor;  or  in  case  said  securities  were  issued 
for  the  acquisition  of  property,  said  'certificate  shall 
state  that  the  actual  cash  value  of  the  property  acquired 
was  equal  to  at  least  the  par  value  of  stock  issued  there- 
for, or  equal  to  at  least  80  per  centum  of  the  face  value 
of  the  securities  other  than  stock  issued  therefor.  Said 
certificate  shall  be  verified  under  oath  as  to  all  par- 
ticulars by  at  least  two  of  the  officers  of  such  corpora- 
tion. 

Stock  sold  less  than  par.  §  4.  Any  stock  or  securities 
hereafter  issued  by  any  such  corporation,  except  in  com- 
pliance with  the  terms  of  this  Act,  shall  be  deemed  to 
be  illegally  issued,  and  any  officer  making  false  affiadavit 
to  any  such  certificate  shall  be  deemed  to  be  guilty  of 
perjury,   and,   upon    conviction,    punishable   accordingly. 

When  in  effect.  §  5.  This  Act  shall  take  effect  upon 
September  1,  1906. 

Approved  August  14,  1906. 

The  Act  of  February  13,  1908,  amending  §  2,  contains 
the  following: 

Limitation  of  effect.  "§  2.  This  Act  shall  take  effect 
immediately  and  shall  be  subject  to  all  provisions  of  the 
Act  to  which  this  Act  is  an  amendment,  and,  provided, 
further,  that  no  bonds  shall  be  sold  and  delivered  in  pur- 
suance of  this  amendment  after  the  expiration  of  three 
years  after  the  approval  of  this  Act,  and  no  such  bends 
shall  be  sold  and  delivered  at  less  than  70  per  centum  of 
their  face  or  par  value." 

TUBERCULOSIS   AMONG   ANIMALS. 

Be  it  enacted,  etc.: 

§  1.      GENEBAL  PROVISIONS. 

Commission.  §  1.  The  president  of  the  State  Board  of 
Agriculture,  for  the  time  being,  shall  appoint  five  persons, 
citizens  and  taxpayers  of  this  State,  one  of  whom  shall 
be  a  physician  and  surgeon,  who,  together  with  himself 
and  the  secretary  of  the  State  board  of  agriculture,  for 
the  tfme  being,  shall  eonstitute  the  commission  on  tuber- 
culosis among  animals,  hereinafter  referred  to  as  "the  com- 
mission," who  shall  exercise  the  powers  and  perform 
the  duties  hereinafter  referred  to.  Said  appointees  shall 
be  appointed  for  a  term  of  three  years  and  until  their 
successors  are  appointed.  Any  vacancy  occurring  In  said 
commission  shall  be  filled  for  the  unexpired  term  and 
In  the  manner  herein  mentioned. 

§  3.       IMPORTATION    OP    CATTLE. 

Imported  cattle  to  he  certified.  §  8.  The  importation  of 
dairy  cows  and  cattle  for  breeding  purposes  into  the  State 
of  New  Jersey  is  hereby  prohibited  unless  such  animals 


shall  have  passed  a  tuberculin  test  within  six  weeks  be 
fore  their  entrance  into  this  State,  and  their  importaatioi 
shall  be  accompanied  by  a  certificate  as  prescribed  ii 
paragraph  11,  filled  out  by  the  shipper  and  in  the  hands  o 
the  attendant  or  drover  bringing  such  animals  into  thi 
State;  or  where  such  transportation  is  by  a  commoi 
carrier,  in  the  hands  of  the  agent  of  the  common  carrie 
having  charge  of  such  transportation.  Said  attendant 
drover  or  agent  shall  be  required  to  show  said  certificati 
upon  request  of  any  official  of  the  commission  or  to  satisf; 
either  shipper  or  agent  that  both  are  fulfilling  the  pro 
visions  of  this  Act. 

Identification  tag — Shipping  certificate.  §  13.  All  dalr; 
cows  and  cattle  for  breeding  purposes  imported  Into  th' 
State  of  New  Jersey  shall  bear  a  tag  with  a  number  o 
other  mark  of  identification,  said  tag  or  mark  to  be  fui 
nished  or  designated  by  the  commission  No  two  or  mor 
tags  or  marks  in  the  same  shipment  shall  have  the  sam 
number.  No  railroad,  steamboat,  ferry  company  or  othe 
common  carrier  shall  transport  dairy  cows  or  breeding  cal 
tie  from  any  other  State  to  any  destination  within  th 
State  of  New  Jersey  unless  such  cattle  are  accompaiiiei 
by  the  required  certificate,  which  certificate  shall  tea 
the  signature  of  the  agent  of  the  common  carrier  as  pre 
vided  in  subdivision  (f)   of  paragraph  11. 

TAXATION  OF  RAILROADS. 

Be  it  enacted,  etc.: 

Section  10,  amended.  §  1.  Section  10  of  said  Act  be  an 
the  same  is  hereby  amended  so  as  to  read  as  follow.'  : 

Board  to  certify  statement  of  valuation  to  State  ccmi 
troller.  §  10.  The  said  board  shall  certify  and  repor ,  t 
comptroller  of  the  State,  on  or  before  the  first  daj  c 
November  in  each  year,  a  statement  of  the  assessed  valm 
tion  of  the  property  of  each  company  in  the  State,  an  1  c 
the  separate  valuation  of  property  in  each  taxing  dist  ici 
as  made  by  them,  the  amount  of  tax  payable  by  « uc 
company  with  respect  to  its  property  separately  valueil  t 
each  taxing  district,  and  the  aggregate  assessed  valuai  ioi 
and  the  total  tax  levied  upon  each  company;  such  s1at< 
ment  shall  be  made  separately  for  each  company,  and  as  t 
said  property  separately  valued,  shall  be  arranged  b 
taxing  districts  in  such  manner  as  to  be  of  easy  refere  ac( 
and  shall  be  recorded  in  books  in  the  office  of  the  S  ;at 
comptroller,  to  be  provided  by  him  for  that  purpose,  an 
shall  be  public  records,  subject  to  public  inspect  on 
and  the  amount  of  taxables  payable  by  each  companj ,  a 
shown  by  said  statements,  shall  be  due  and  payable  int 
the  State  treasury  on  any  day  between  the  said  first  da 
of  November  and  the  first  day  of  February  following;  an 
the  payment  or  collection  thereof  shall  not  be  stayei  b 
any  writ  or  order  of  any  court  of  law  or  equity;  it  ;  ha 
be  the  duty  of  the  State  treasurer  to  receive  paymei  t  i 
the  said  taxes  from  the  said  companies;  if  the  tax«  3  t 
any  company,  or  any  portion  thereof,  remain  unpaid  01  th 
first  day  of  February  following  the  levying  thereof,  sue 
company  shall  be  considered  in  default,  and  such  t  txei 
or  such  unpaid  portion  thereof,  shall  thenceforth  bea 
interest  at  the  rate  of  one  per  centum  for  each  itont 
until  paid,  notwithstanding  the  prosecution  of  any  wr) 
of  certiorari  or  other  remedy. 

§  2.     This  Act  shall  take  effect  immediately. 

Approved  April  24,  1911. 


I 


REVALUATION   OF  RAILWAYS — APPROPRIATION. 

Be  it  enacted,  etc.: 

Use  of  unexpended  balance  of  appropriation  for  rei  alui 
tion  of  railroads.  §1.  The  sum  of  $12,899.03,  being  tie  ui 
expended  balance  of  the  moneys  appropriated  by  item  8 
of  chapter  267  of  the  Laws  of  1910,  which  said  chipt* 
is  a  supplement  to  the  Annual  Appropriation  Ac:  fo 
the  fiscal  year  ending  October  31,  1910,  is  hereby  i  ppn 
priated,  in  addition  to  any  moneys  now  available,  fcr  th 
purpose  of  carrying  out  the  provisions  of  an  Act  ei 
titled  "An  Act  concerning  an  Inventory  and  appraljal  c 
railroad  and  canal  property,  including  franchises,  ii  th 
State  of  New  Jersey,"  approved  April  12,  1910.  ^^ 

§  2.    This  Act  shall  take  effect  immediately.       i^H 
Approved  March  28,  1911.  ^^H 

VALUATION  EXPERTS. 

Preamble.  Whereas,  the  work  of  revaluation,  inventor 
and  appraisal  authorized  by  the  said  Act  referred  to  in  th 
title  of  this  Act  is  practically  complete  and  ready  to  b 
filed,  but  it  is  essential  in  order  to  obtain  the  most  efflcier 


Public  Sekvioe  Laws 


931 


and  valuable  results  from  such  revaluation  work,  that  the 
officials  charged  with  the  duty  of  putting  into  operation  the 
revaluation  schedules  ascertained  by  such  work,  should 
have  in  connection  therewith  and  for  purposes  of  consulta- 
tion and  advice  the  services  of  the  expert  in  charge  of  such 
work. 

Tip   it   PttCLCtcd     GtCt  ' 

Time  for  'revaluation  extended.  §1-  The  time  limited 
for  the  completion  of  the  work  of  revaluation  and  appraisal 
is  herebv  extended  for  one  year,  but  the  report  of  such 
revaluation  and  appraisal  shall  be  filed  as  soon  as  prac- 
ticable, and  during  the  continuance  of  the  said  period 
of  one  year  the  services  of  the  expert  in  charge  of  such 
work  shall  be  at  the  disposal  of  the  State  officers  for 
purposes  of  consultation,  advice  and  assistance  in  putting 
into  operation  most  effectively  the  results  of  the  revalua- 
tion work. 

Appropriation.  §  2.  For  the  purpose  of  this  Act  the  sum 
of  $25,000,  or  so  much  thereof  as  may  be  necessary,  is 
hereby    appropriated. 

§  3.    This  Act  shall   take  effect  immediately. 

Approved  April  6,   1911. 

CORRUPT  PRACTICES  ACT 1911. 

From  the  Corrupt  Practices  Act.  approved  April  20, 
1911,  Laws  of  New  Jersey,  1911,  page  329: 

Corporation  contributions  forbidden.  §  22.  No  cor- 
poration or  person,  trustee  or  trustees,  owning  or  hold- 
ing the  majority  of  stock  of  a  corporation,  carrying  on  the 
business  of  a  bank,  savings  bank,  co-operative  bank,  trust, 
trustee,  savings  indemnity,  safe  deposit,  insurance,  rail, 
street  railway,  telephone,  telegraph,  gas,  electric  light, 
heat,  power,  canal  or  aqueduct  complaint,  or  any  company 
having  the  right  to  condemn  land,  or  to  exercise  franchises 
in  public  ways  granted  by  the  State,  county,  city  or  town, 
shall  pay  or  contribute  any  money  or  value  in  order  to 
aid  or  promote  the  nomination  or  election  of  any  person, 
or  in  order  to  aid  or  promote  the  interests,  success  or  de- 
feat of  any  political  party. 

Proceedings  against  corporations.  §  43.  Any  corpora- 
tion organized  under  the  laws  of  this  State,  or  doing  busi- 
ness therein,  may  be  brought  into  the  Circuit  Court  on  the 
ground  of  the  deliberate,  serious  and  material  violation 
of  this  Act  by  proceedings  begun  and  continued  in  sub- 
stantially the  same  form  as  is  required  in  the  case  of  con- 
testing the  nomination  or  election  of  any  candidate  for 
public  office  under  this  Act.  The  petition  shall  be  filed 
in  the  Circuit  Court  of  the  county  in  which  the  corpora- 
tion has  its  principal  office,  or  in  which  the  violation  of 
this  Act  is  averred  to  have  occurred. 

It  judgment  shall  be  rendered  in  such  proceedings 
against  the  corporation,  and  It  shall  be  found  to  have 
violated  the  said  Act,  judgment  shall  be  awarded  against 
the  said  corporation  in  the  amount  of  not  exceeding  $10,- 
000,  or  the  said  court  may  forfeit  the  charter  of  said 
company,  if  it  is  a  company  organized  under  the  laws  of 
this  State. 

RAILWAY   POLICE. 

A  supplement  to  au  Act  entitled  "An  Act  concerning  car- 
riers (Revision  of  1904),"  approved  March  29,  1904. 
Be  it  enacted  by  the  senate  and  general  assembly  of  the 
State  of  New  Jersey: 

§  1.  Section  4  of  the  Act  referred  to  in  the  title  hereof 
is  hereby  amended  so  as  to  read  as  follows: 

Railway  police — Powers.     §  4.     On  application   of  any 
railroad  company,  street  railroad  company,  canal  company 
or  steamboat   company,   the   governor   of   the   State    may 
appoint  such   persons   as   the  company   may  designate   to 
act  as  policemen  for  such  company,  and  shall  issue  to  each 
person  so  appointed  a  commission,  a  copy  of  which  shall 
he  filed  in  the  office  of  the  secretary  of  State;  every  person 
so    appointed    and    commissioned    shpll,    in    the    counties 
traversed  by  the  conveyances  or  route  of  such  company, 
possess  all  the  powers  of  policemen  and  of  constables  in 
criminal  cases   of   the   several   townships   and   municipali- 
ties in  such  counties,  and  shall  receive  from  the  company 
by  whom  employed  such  compensation  as  shall  be  agreed 
I     between  such  company  and  person;  when  on  duty,  except 
j     when  employed  as  detective,  he  shall  wear  in  plain  view 
.     a  metallic  shield  or  device  with  the  words  "railway  police," 
I     "canal   police"   or   "steamboat   police,"   as   may   be   appro- 
1     priate,  and  the  name  or  style  of  the  company  for  whom 
!     appointed    inscribed    thereon;    when    any    such    company 


shall  file  in  the  office  of  the  secretary  of  State  a  notice 
that  it  no  longer  requires  the  service  of  such  policeman, 
his  power  as  such  shall  cease  and  determine;  provided, 
that  no  such  appointee  shall  be  qualified  to  act  within 
the  limits  of  any  city  of  the  first  or  second  class  in  this 
State  until  such  appointment  shall  have  been  registered 
with  and  ratified  by  the  board  having  charge  of  the  police 
department  of  such  city. 

§  2.    This  Act  shall  take  elfect  immediately. 

Approved  May  1,  1911. 

C.\RRIAGE    OF    NURSERY    STOCK. 

Be  it  enacted  by  the  senate  and  general  assembly  of  the 
State  of  New  Jersey: 

Certificate  of  validity  attached  to  nursery  stock  offered 
for  shipment.  §  1.  It  shall  be  the  duty  of  every  railroad, 
steamship  or  express  company,  or  other  carrier  for  hire, 
maintaining  within  this  State  any  office  or  offices,  sta- 
tion or  stations  for  the  receipt  of  nursery  stock  for  trans- 
portation to  points  within  or  without  the  State,  and  of  the 
servants  and  agents  of  such  railroad,  steamship  or  express 
company,  or  other  carrier  for  hire,  to  determine,  before 
accepting  the  same  for  transportation  to  points  within  or 
without  the  State,  that  the  stock  so  offered  for  shipment 
at  any  station  or  office  within  the  State  is  properly  pro- 
vided with  a  certificate  as  required  by  the  Act  of  which 
this  is  a  supplement,  signed  by  the  State  entomologist  for 
the  State  of  New  Jersey,  and  valid  by  its  terms  at  the  date 
at  which   it  is  offered  for  shipment. 

Refusal  of  stock  not  certified.  It  shall  also  be  the  duty 
of  every  such  railroad,  steamship,  express  company  or 
other  carrier  for  hire,  and  of  his  or  their  servants  or 
agents,  to  refuse  for  transportation  in  and  delivery  al 
points  within  this  State  all  boxes,  bales,  packages  or  par- 
cels of  nursery  stock  which  are  not  accompanied  by  a 
certificate  of  inspection  as  required  by  §  11  of  the  Act  to 
which  this  is  a  supplement.  And  for  every  violation  of  this 
Act,  and  for  every  bale,  box,  parcel  or  package  accepted  or 
transported  without  such  certificate,  the  railroad,  steam- 
ship, express  company  or  other  carrier  for  hire  shall  be 
liable  to  a  penalty  of  $50,  to  be  recovered  as  prescribed  In 
§  15  of  the  Act  of  which  this  is  supplementary,  as  said 
section  was  amended  by  chapter  47  of  the  Laws  of  1904; 
provided,  however,  that  nothing  in  this  Act  shall  be  con- 
strued as  requiring  a  certificate  for  stock  specifically  ex- 
cepted in  §  6  of  the  Act  to  which  this  is  a  supplement; 
and  provided,  also,  that  shipments  of  nursery  stock  from 
countries  foreign  to  the  United  States,  and  bearing  a  cer- 
tificate signed  by  a  proper  official  of  the  country  from 
which  such  stock  was  received,  may  be  accepted  at  any 
port  of  entry  within  the  State  for  transportation  to  points 
within  or  without  the  State;  and  provided,  also,  that  noth- 
ing in  this  Act  shall  prevent  the  delivery  within  this  State 
of  nursery  stock  bearing  a  proper  certificate  of  inspection 
valid  at  the  point  where  the  shipment  originated. 

In  effect  forthwith.  §  2.  This  Act  shall  take  effect  im- 
mediately. 

Approved  March  14,  1911. 

APPEAL   FROM   LOCAL    AUTHORITIES. 

An  Act  approved  March  14,  911,  amends  §  9  of  the 
railroad  commission  Act  of  May  15,  1907,  so  as  to  read  as 
follows: 

Appellate  jurisdiction — No  favors  bestowed.  §  9.  Any 
public  utility,  as  herein  defined,  may  appeal  to  said  board 
from  any  order  or  regulation  made  under  existing  law  by 
any  local,  municipal  or  county  governing  body,  and  said 
board  is  hereby  given  jurisdiction  to  hear  said  appeal  and 
to  determine  the  matter  in  question  on  the  merits,  and 
make  such  order  in  the  premises  as  may  seem  just  and 
reasonable;  and  no  such  public  utility,  as  herein  defined, 
shall  hereafter  give,  grant  or  bestow  upon  any  local, 
municipal  or  county  official  any  discrimination,  gratuity 
or  free  service  whatsoever,  but  nothing  herein  contained 
shall  prevent  the  free  transportation  of  uniformed  pub- 
lic officers  while  engaged  in  the  performance  of  their 
public  duties,  or  police  officers  of  whatever  grade  or  rank 
acting  as  detectives,  whose  duties  require  police  duty  to 
be  performed  without  uniform. 

SEMI-MONTHLY    PAY. 

Be  it  enacted  by  the  senate  and  general  assembly  of  the 
State  of  New  Jersey: 
Semi-monthly  payments  required — Penalty.     §  1.     Every 
railroad   company  authorized  to  do  business  by   the   laws 


932 


National  Association  of  Railway  Commissioners 


of  the  State  of  New  Jersey  shall,  on  or  before  the  first 
day  of  each  month,  pay  the  employes  thereof  the  wages 
earned  by  them  during  the  first  half  of  the  preceding 
month  ending  with  the  fifteenth  day  thereof,  and  on  or 
before  the  fifteenth  day  of  each  month  pay  the  employes 
thereof  the  wages  earned  by  them  during  the  last  half 
of  the  preceding  calendar  month;  provided,  however, 
that  if  at  any  time  of  payment  any  employe  shall  be 
absent  from  his  or  her  regular  place  of  labor,  and  shall 
not  receive  his  or  her  wages  through  a  duly  authorized 
representative,  he  or  she  shall  be  entitled  to  said  pay- 
ment at  any  time  thereafter  upon  demand  upon  the 
proper  paymaster  at  the  place  where  such  wages  are 
usually  paid  and  at  the  place  when  the  next  pay  is  due; 
any  such  railroad  company  which  shall  violate  any  of 
the  provisions  of  this  Act  shall  forfeit  and  pay  the  sum 
of  |25  for  each  violation  of  this  Act  which  shall  be  proved, 
to  be  recovered  in  any  court  of  competent  jurisdiction 
by  any  person  who  shall  sue  for  the  same,  one-half  of 
said  penalty  to  go  to  said  person  so  suing  therefor,  and 
the  other  half  to  go  "to  the  State;  provided,  further, 
complaint  of  such  violation  be  made  within  60  days  from 
the  date  such  wages  become  payable,  according  to  the 
tenor   of   this   Act. 

Law  not  to  be  abrogated  hy  agreement.  §  2.  It  shall  not 
be  lawful  for  any  railroad  company  to  enter  into  or  make 
any  agreement  with  any  employe  for  the  payment  of 
wages  of  any  such  employe  otherwise  than  as  provided 
in  §  1  of  this  Act,  except  it  be  to  pay  such  wages  at 
shorter  intervals  than  herein  provided.  Every  agree- 
ment made  in  violation  of  this  Act  shall  be  deemed  to 
be  null  and  void,  and  it  shall  not  be  a  defense  to  the 
suit  for  the  penalty  provided  for  in  §  1  of  this  Act;  and 
each  and  every  employe  with  whom  any  agreement  in 
violation  of  this  Act  shall  be  made  by  such  railroad 
company  shall  have  his  or  her  action  and  right  of  action 
against  such  railroad  company  for  the  full  amount  of 
his  or  her  wages  in  any  court  of  competent  jurisdiction 
of  this  State. 

Approved    June   7,    1911. 

CABEIAGE  OF  EXPLOSIVES. 

Be  it  enacted  ly  the  senate  and  general  assembly  of  the 
State  of  New  Jersey: 

Carrying  explosives.  §  1.  It  shall  be  unlawful  to  trans- 
port, convey  or  carry  liquid  nitroglycerin,  fulminate,  in 
bulk  in  dry  condition,  or  other  like  explosives,  between 
points  In  this  State,  on  any  vessel  or  vehicle  of  any 
description  operated  by  a  common  carrier  in  the  trans- 
portation of  passengers  or  articles  of  commerce  by  land 
or  water. 

Not  with  passengers.  §  2.  It  shall  be  unlawful  to  trans- 
port, convey  or  carry  any  dynamite,  gunpowder  or  other 
explosive,  between  points  in  this  State,  on  any  vessel 
or  vehicle  of  any  description  operated  by  a  common 
carrier  in  the  transportation  of  passengers;  provided, 
that  it  shall  be  lawful  to  transport  on  any  such  vessel 
or  vehicle  such  fuses,  torpedoes,  rockets  or  other  signal 
devices,  as  may  be  essential  to  promote  safety  in  opera- 
tion; smallarms  ammunition  in  any  quantity,  and  prop- 
erly packed  and  marked  samples  of  explosives  for  labora- 
tory examination,  not  exceeding  a  net  weight  of  one- 
half  pound  each,  and  not  exceeding  20  samples  at  one 
time  in  a  single  vessel  or  vehicle;  such  samples,  how- 
ever, shall  not  be  carried  in  that  part  of  a  vessel  or 
vehicle  which  is  intended  for  the  transportation  of  pas- 
sengers; provided  further,  that  nothing  in  this  section 
shall  be  construed  to  prevent  the  transportation  of 
military  or  naval  forces  with  their  accompanying  mu- 
nitions of  war  on  passenger  equipment  vessels  or 
vehicles. 

Contents  of  packages  marked.  §  3.  It  shall  be  unlawful 
for  any  person  to  deliver,  or  cause  to  be  delivered,  to 
any  common  'carrier  for  shipment  between  points  within 
this  State,  on  any  vessel  or  vehicle  of  any  description, 
any  package  containing  explosives  which  shall  not  have 
plainly  marked  on  the  outside  thereof  a  true  statement 
of  its  contents,  and  the  true  character  of  the  contents 
of  which  shall  not  have  been  made  known  in  writing  to 
the  agent  of  said  common  carrier  at  the  point  of  ship- 
ment at  or  before  the  time  such  delivery  is  made. 

Regulations  for  carrying  explosives.  §  4.  The  board  of 
public  utility  commissioners  for  this  State  shall  formulate 


regulations  for  the  safe  transportation  of  explosives 
which  regulations  shall  bind  all  common  -carriers  engagec 
in  intrastate  commerce  between  points  in  this  State 
Such  regulations  shall  be  in  accord  with  the  best  knowi 
means  for  securing  safety  in  transit,  covering  the  pack 
ing,  marking,  loading,  handling  in  delivery  and  while  ir 
transit,  and  the  precautions  necessary  to  determine 
whether  the  article  or  material  when  offered  is  in  propei 
condition  to  transport,  and  shall  conform,  as  near  as 
may  be,  with  the  regulation  of  the  Interstate  Conimerc« 
Commission.  The  said  board,  of  its  own  motion,  oi 
upon  application  by  any  interested  party,  may  rescind 
■change,  alter  or  modify  such  regulations  from  time  tc 
time  as  new  information  or  altered  conditions  may,  ir 
its  judgment,  require. 

When  effective.  Such  regulations,  and  all  alterations 
changes  or  modifications  thereof,  shall  take  effect  30  days 
after  the  same  shall  be  formulated  by  said  board  unc 
served,  as  orders  of  said  board  are  required  to  be 
served,  and  shall  continue  in  effect  until  reversed,  sel 
aside   or   modified. 

Interstate  commerce  excepted.  §  5.  Nothing  in  this 
Act  contained  shall  apply  to  the  transportation,  con 
veyance  or  carriage  in  interstate  commerce  of  any  of  the 
articles  or  materials   mentioned  therein. 

Penalty.  Si  6.  Whoever  shall  knowingly  violate,  or  ca  is« 
to  be  violated,  any  of  the  provisions  of  this  Act,  or  iinj 
regulation  made  by  the  board  of  public  utility  commis- 
sioners in  pursuance  thereof,  shall  be  guilty  of  a  Eiis- 
demeanor. 

LiaMlity  for  explosion.  §  7.  When  the  death  or  boc  ily 
injury  of  any  person  is  'caused  by  the  explosion  of  i  ny 
article  or  material  named  in  any  of  the  preceding  sec- 
tions hereof  while  the  same  is  being  placed  upon  i  ny 
vessel  or  vehicle,  to  be  transported  in  violation  hen  of, 
or  while  the  same  is  being  so  transported,  or  while  he 
same  is  being  removed  from  such  vessel  or  vehi  le, 
every  person  knowingly  placing,  or  aiding  in  or  pen  lif- 
ting the  placing  of  such  articles  or  materials  upon  i  ny 
such  vehicle  or  vessel  to  be  so  transported,  shall  be  gu:  Itj 
of   a   high    misdemeanor.  -  -    — 

§  8.     This  Act  shall  take  effect  immediately. 

Approved  May  2,  1911. 

KAILROAD  PROPERTY  THAT  HAS  ESCAPED  TAXATION. 

Be  it  enacted  by  the  senate  and  general  assembly  of    ha 
State  of  New  Jersey: 

Assessment  of  property  omitted  in  returns  to  State  an^ 
sessors.  S  1.  Whenever  real  estate,  subject  to  taxation  aa 
property  used  for  railroad  or  canal  purposes,  has  b  en 
or  shall  be  omitted  from  assessment  under  the  j  ro- 
visions  of  the  Act  to  which  this  is  a  supplement,  by  he 
failure  of  the  company  using  the  same  to  return  ;he 
same  to  the  State  board  of  assessors  for  valuation  md 
assessment  or  otherwise,  it  shall  be  lawful  for  the 
State  board  of  assessors,  upon  the  complaint  of  the 
county  board  of  taxation  of  the  county  wherein  s  ich 
■  property  is  situated,  or  upon  the  complaint  of  any  ax- 
payer  therein,  in  case  it  finds  that  such  property  i;is 
been  omitted  from  its  assessment,  to  cause  such  :  eat 
property  to  be  assessed  by  it,  for  such  omitted  ye  irs, 
under  the  provisions  of  the  Act  to  which  this  furl  her 
supplement  and  the  Acts  supplementary  thereto  ind 
amendatory  thereof;  that  the  said  State  board  of  as- 
sessors shall  meet  on  a  day  to  be  fixed  by  them,  not 
later  than  20  days  after  the  making  of  said  assessmeits, 
of  which  immediate  notice  shall  be  given  by  said  be  ard 
to  the  companies  affected  thereby,  for  the  purpose  of 
reviewing  their  said  assessments,  and  may  adjourn  f  om 
time  to  time  until  they  have  finished  the  hearing;  Miat 
not  more  than  30  days  shall  be  spent  by  said  boart  in 
said  review,  and  the  amount  of  taxes  fixed  by  said  btard 
shall  be  due  and  payable  into  the  State  treasury  or^B 
before  15  days  after  the  time  limited  for  the  revie^^H 
said   board  of  said  assessments.  '^H 

Time  for  levying  taxes  limited.  §  2.  The  power  of  the 
State  board  of  assessors  to  levy  taxes  upon  omitted 
property  used  for  railroad  or  canal  purposes  shall  be 
limited  to  a  period  of  five  years  next  preceding  the  filing 
of  the   complaint   aforesaid. 

Amount  certified  to  comptroller;  each  taxing  district 
shown.     §  3.     The  said  board  shall  certify  the  amount  of 


Public  Service  Laws 


933 


said  assessments  to  the  comptroller,  in  detail,  and  shall 
divide  the  same  into  taxing  districts  so  that  the  amount 
assessed  for  each  year  in  each  taxing  district  shall  ap- 
pear; the  same  remedies  shall  exist  for  the  collection 
of  said  taxes  as  exist  for  the  collection  of  taxes  regu- 
larly assessed  under  the  provisions  of  the  Acts  to  which 
this   is   a   further   supplement. 

Credit  for  taxes  paid  locally.  §  4.  Any  company  or  cor- 
poration which  shall  have  paid  any  tax  for  said  omitted 
years  under  an  assessment  made  upon  said  property,  or 
any  part  thereof,  by  the  local  assessors,  shall  be  entitled 
to  receive  a  credit  for  such  payment  upon  the  assess- 
ment made  hereunder  by  proving  such  payment  to  have 
been  made  to  the  satisfa-ction  of  the  State  board  of  as- 
sessors during  the  time  herein  authorized  for  the  review 
of   said   assessments. 

Rates  to  be  used.  §  5.  The  State  board,  in  making  said 
assessments  for  the  different  classes  of  property,  shall 
adopt  and  use  the  average  State  rate  and  the  local  rates 
in  the  respective  taxing  districts  that  have  prevailed  for 
the  years  when  said  property  should  have  been  assessed. 

Disposition  of  taxes  received.  S  6.  The  taxes  collected 
by  the  comptroller  under  the  provisions  of  this  supple- 
ment shall  be  applied  to  the  extent  of  one-half  of  1  per 
centum  on  said  valuation  and  assessment  to  the  use  of 
the  State.  The  balance  of  said  taxes  over  and  above 
one-half  of  1  per  centum  shall,  as  and  when  collected  by 
the  comptroller,  be  allotted  and  paid  over  to  the  several 
taxing  districts  wherein  said  lands  and  real  estate  are 
located  for  the  municipal  purposes  thereof,  according  to 
said  valuations  and  assessments  as  ascertained  and  di- 
vided by  the  State  board  of  assessors  hereunder;  said 
taxes  so  paid  shall  be  used  by  said  taxing  districts  first 
for  the  payment  of  the  expenses  incurred  in  proceedings 
taken  to  subject  said  property  to  taxation  and  then  for 
the  sinking  funds  established,  or  to  be  established,  for 
bond  issues  other  than  special  street  improvement  bonds. 

In  effect  forthioith.  §  7.  This  Act  shall  take  effect  im- 
mediately. 

Approved  April  27,  1911. 

BEVALUATI0>"  OF  RAILROAD  PROPERTY. 

Be  it  enacted,  etc.: 

Six  thousand  dollars  appropriated  for  salaries  of  com- 
mission on  revaluation.  §  1.  The  sum  of  $6,000  is  hereby 
appropriated  for  the  purpose  of  defraying  the  arrears  of  sal- 
aries of  the  members  of  the  commission  appointed  pursuant 
to  Joint  Resolution  No.  3,  entitled  "Joint  resolution  concern- 
ing an  inventory  and  appraisal  of  railroad  and  canal  prop- 
erty, including  franchises,  in  the  State  of  New  Jersey,"  ap 
proved  April  5,  1909,  for  the  months  of  September  and  Octo- 
ber, 1909,  at  the  rate  of  $1,000  per  month,  to  be  paid  as  fol- 
lows: 

To  Samuel  Whinery,  $2,000;  to  Frank  Stevens,  $2,000; 
to  Charles  Hansel,  $2,000;  which  money  shall  be  paid  by 
the  State  treasurer,  upon  the  warrant  of  the  comptroller, 
from  any  funds  of  the  State  not  otherwise  appropriated. 

§  2.     This  Act  shall  take  effect  immediately. 

Approved  March  17,  1911. 

EMPLOYMENT    OF    MESSENGERS. 

Be  it  enacted,  etc.: 

Night  messenger  service.  §  1.  No  person  under  the  age 
of  21  years  in  cities  of  the  first  class,  and  no  person  under 
the  age  of  18  years  in  other  municipalities,  shall  be  em- 
ployed or  permitted  to  work  as  a  messenger  for  or  by  any 
telegraph,  telephone  or  messenger  corporation,  firm  or 
person  owning,  engaged  in  or  operating  the  business  of 
distributing,  transmitting  or  delivering  goods  or  messages 
or  in  the  performance  of  other  service,  before  .5  o'clock 
in  the  morning  or  after  10  o'clock  in  the  evening  of  any 
day;  provided,  that  the  commissioner  of  labor  shall  have 
the  power  to  grant  permits  under  extraordinary  circum- 
stances  for   the   delivery   of  telegrams   or   telephone   mes- 

i     sages  between  the  hours  of  10  p.  m.  and  5  p.  m. 

i  Penalty.     §  2.     Any  such  corporation,  firm  or  person  en- 

gaged in  or  operating  the  business  of  distributing,  trans- 
mitting or  delivering  goods  or  messages  as  aforesaid,  who 
shall  violate  any  of  the  provisions  of  this  Act,  shall  be 
liable  to  a  penalty  of  $100  for  each  offense,  to  be  sued 
for  in  an  action  of  debt,  for  the  use  of  the  State  as  here- 
inafter provided.  Any  repetition  or  repetitions  thereof 
shall  each  constitute  a  separate  offense. 

Labor  bureau  to  inspect  and  enforce  law.     §  3.     It  shall 


be  the  duty  of  the  commissioner  of  labor  and  his  author- 
ized deputies  to  enforce  the  provisions  of  this  Act,  anl 
to  examine  and  inspect,  at  reasonable  intervals,  the  busi- 
ness and  practice  of  all  telegraph,  telephone  or  messenger 
corporations,  firms  and  persons  owning,  engaged  in  or 
operating  the  business  of  distributing,  transmitting  or  de- 
livering goods  or  messages  or  in  the  performance  of  other 
service,  for  the  purpose  of  enforcing  the  provisions  of 
this  Act. 

Legal  proceedings — Summons — Service  on  corporations — 
Fines  turned  into  State  treasury.  §  4.  All  proceedings 
brought  under  the  provisions  of  this  Act  shall  be  by  action 
of  debt,  in  the  name  of  the  commissioner  of  labor,  but  for 
the  use  of  the  State,  to  be  instituted  in  any  District  Court 
of  a  city,  recorders'  courts  of  cities,  or  before  any  justice 
of  the  peace  having  due  jurisdiction,  and  the  first  procesa 
shall  be  by  summons,  which  process  shall  be  served  on  tho 
owner  or  owners,  person  or  persons,  engaged  in  or  oper- 
ating the  business  as  aforesaid,  wherein  the  alleged  viola- 
tion of  the  law  has  taken  place,  if  such  owner  or  owners, 
person  or  persons  reside  in  the  county  where  the  offense 
was  committed;  or  if  the  owner  or  owners,  person  or  per- 
sons, as  aforesaid,  do  not  reside  in  the  county  where  the 
offense  was  committed,  then  said  process  shall  be  served  on 
the  superintendent,  foreman  or  person  in  charge  of  the  busi- 
ness; service  upon  a  corporation  shall  be  made  upon  the 
president,  vice-president,  secretary  or  any  director,  and 
if  none  of  them  reside  in  the  county  where  the  offense 
was  committed,  or  cannot  be  found  therein,  then  said 
service  may  be  made  upon  the  superintendent,  foreman 
or  person  in  charge  of  the  business,  at  least  10  days  before 
the  return  day  thereof;  all  proceedings  thereafter  shall 
be  the  same  as  in  an  action  of  debt  in  said  court;  the 
finding  of  the  court  shall  be  that  the  defendant  has  or  has 
not,  as  the  case  may  be,  incurred  the  penalty  claimed  in 
the  demand  of  the  plaintiff,  and  judgment  shall  be  given 
accordingly;  in  case  an  execution  shall  issue  and  be  re- 
turned unsatisfied,  the  court,  on  application,  after  notice 
to  the  defendant,  may  award  an  execution  to  take  the  body 
of  the  defendant,  if  an  individual,  and  in  case  such  defend- 
ant is  committed  under  such  an  execution,  he  shall  not  be 
discharged  under  the  insolvent  laws  of  the  State,  but  shall 
only  be  discharged  by  the  court  making  the  order  for  the 
body  execution  or  one  of  the  justices  of  the  Supreme 
Court,  when  such  court  or  justice  shall  be  satisfied  that 
further  confinement  will  not  result  in  the  payment  of  the 
judgment  and  costs;  all  moneys  collected  under  the  pro- 
visions of  this  Act  shall  be  paid  Into  the  treasury  of  the 
State  of  New  Jersey. 

Repeal.  §  5.  All  Acts  and  parts  of  Acts  inconsistent 
with  this  Act  be,  and  the  same  are  hereby,  repealed. 

Approved  May  2,  1911. 

TRESPASSING    ON    RAILROAD    TRAINS. 

Be  it  enacted  by  the  senate  and  general  assembly  of  the 
State  of  New  Jersey: 
Trespassing  on  trains  or  property.  §  1.  Any  person 
found  entering  or  being  in  or  upon  any  railroad  engine 
or  car,  whether  the  same  be  passenger,  freight,  coal  or 
other  car,  on  any  railroad  or  railroad  property  in  any  city, 
town  or  township  in  this  State  contrary  to  the  rules  of 
the  corporation  owning  or  operating  the  same  and  with 
the  intention  of  being  in  or  upon,  riding  or  traveling 
upon  such  engine  or  car  or  such  railroad  property  without 
paying  fare  or  of  committing  larceny,  violence  or  destruc- 
tion thereon,  or  of  threatening,  intimidating  or  assaulting 
travelers  or  other  persons  upon  such  engine  or  cars,  shall 
be  adjudged  a  disorderly  person  and  upon  conviction  pay 
a  fine  of  not  less  than  $5  nor  more  than  $50,  and  upon 
the  non-payment  thereof  such  person  so  convicted  shall  be 
committed  to  the  county  jail  of  such  county  until  such 
fine  is  paid  for  a  period  not  exceeding  30  days. 

Apprehension.  §  2.  Any  constable  or  police  officer  hav- 
ing knowledge  or  being  notified  of  any  violation  of  this 
Act  shall  forthwith  arrest  such  offender  and  take  him 
before  any  magistrate  or  justice  of  the  peace,  or  any  such 
magistrate  or  justice  of  the  peace  shall  issue  a  warrant 
for  the  arrest  of  any  such  offender  upon  information  duly 
made  on  oath  or  aflirmation,  and  said  magistrate  or  justice, 
upon  the  person  charged  being  produced  before  him,  shall 
forthwith  proceed  to  hear  and  determine  said  complaint, 
and  shall  commit  the  person  so  convicted  to  the  county  jail 
of  the  proper  county  for  the  period  aforesaid,  and  if  the 
person  so  convicted  refuse  or  neglect  to  pay  such  penalty 


934 


National  Association  of  Railway  Commissioners 


immediately,  then  the  said  magistrate  or  justice  shal; 
commit  the  person  so  convicted  to  the  common  jail  of  the 
county  as  hereinbefore  provided. 

§  3.     This  Act  shall  take  effect  immediately. 

Approved  May  1,  1911. 

FOREIGN    CORPORATIONS    MAY    OWN    LAND. 

Be  it  enacted,  etc.: 

§  1.  It  shall  be  lawful  for  any  foreign  corporation 
whatsover  to  purchase  and  convey,  to  lease,  hold,  occupy 
and  use  for  the  purposes  of  such  corporation  such  real 
estate  in  this  State  as  may  be  devised  or  conveyed  to  It. 

Repeal.  §  2.  All  Acts  or  parts  of  Acts  inconsistent 
herewith   are   hereby  repealed. 

§  3.     This  Act  shall  take  effect  immediately. 

Approved  March  26,  1902. 

CORPORATION    MAY    LEASE    ITS    FRANCHISES. 

Be  it  enacted,  etc.: 

§  1.  Any  corporation  of  this  State,  except  railroad 
and  canal  corporations,  may  hereafter,  with  the  assent 
of  two-thirds  in  interest  of  its  stockholders,  either  in 
person  or  by  proxy,  lease  its  property  and  franchises  to 
any  corporation,  and  every  corporation  of  this  State  is 
hereby  authorized  to  take  the  lease,  or  any  assignment 
thereof,  for  such  terms  and  upon  such  conditions  as  may 
be  agreed  upon,  and  that  any  su'Ch  lease  or  any  assign- 
ment, or  both,  heretofore  made,  are  hereby  validated; 
provided,  however,  that  nothing  herein  contained  shall 
be  construed  to  authorize  any  corporation  which  is  now 
specifically  prohibited  by  law  or  by  its  certificate  of 
incorporation  from  leasing  its  property  or  franchises  to 
do  so,  nor  to  authorize  the  leasing  by  any  corporation 
without  the  consent  of  the  legislature,  when  such  con- 
sent is  now  specially  required  by  any  law  of  this  State. 

§  2.     This   Act   shall   take  effect  immediately.     . 

Approved   March  24,   1899. 

USE  OF   CLOSETS   ON  TRAINS. 

Be  it  enacted,  etc.: 

Boundaries  of  watershed  wholly  in  State  set  out.  §  1. 
Upon  the  formal  request  of  the  board  of  water  com- 
missioners, or  other  board  or  official  having  charge  of 
the  public  water  supply  of  any  city  of  this  State,  which 
said  water  supply  is  derived  from  surface  drainage  in 
any  watershed  wholly  within  this  State,  it  shall  be  the 
duty  of  the  board  of  health  of  the  State  of  New  Jersey 
to  prescribe  and  fix  territorial  limitations  bounding  such 

watershed,   which   shall   thereafter   be  known  as   

watershed,  the  name  of  such  watershed  to  be  inserted  in 
the  certificate  hereinafter  provided. 

Notice  to  public  and  railroad  affected.  §  2.  The  board 
of  water  commissioners,  or  other  board  or  official  mak- 
ing such  application  to  the  board  of  health  of  the  State 
of  New  Jersey,  shall,  upon  the  certificate  of  the  said  board 
setting  out  the  boundaries  of  the  said  watershed,  give 
publi'c  notice  of  such  establishment,  by  advertisment  in 
two  newspapers  of  general  circulation  in  the  vicinity  of 
the  said  watershed,  at  least  once  a  week  for  four  weeks, 
which  advertisement  shall  run  in  the  name  of  the  board 
of  health  of  the  State  of  New  Jersey,  and  shall  contain 
such  sufficient  description  of  the  boundaries  adopted 
as  will  identify  the  said  watershed  and  the  boundaries 
thereof,  and  a  copy  thereof  be  served  upon  any  agent 
in  charge  of  any  ticket  office  of  any  railroad  affected 
by  the  provisions  of  this  Act. 

No  discharge  into  such  watershed.  §  3.  When  such  ter- 
ritorial limitations  for  any  such  watershed  shall  have 
been  established  by  the  board  of  health  of  the  State 
of  New  Jersey,  and  notice  thereof  shall  have  been  given 
in  the  manner  herein  prescribed,  it  shall  thereafter  be 
unlawful  for  any  railroad  company  operating  trains,  or 
steamboat  or  power-boat  company  operating  boats,  within 
the  territorial  limitations  of  such  watershed,  to  discharge 
or  allow  any  discharge  from  water-closets  and  urinals 
upon  railroad  trains  or  any  such  steam  or  other  power 
boats  as  may  be  operated  therein  within  the  territorial 
limitations   prescribed   for   such   watershed. 

Penalty — How  recoverable.  §  4.  Every  corporation  vio- 
lating the  provisions  of  this  Act  shall  incur  a  penalty 
of  not  exceeding  $100,  to  be  recovered  in  an  action  of 
debt  at  the  suit  of  the  board  of  water  commissioners 
or  other  board  of  official  having  charge  of  the  water 
supply  of  such  city  as  shall  derive  its  supply  from  said 


watershed;  and  all  moneys  which  shall  be  recovered  ii 
such  manner  shall  be  paid  into  the  treasury  of  the  State; 
and  every  iierson  violating  any  provision  of  this  Acl 
shall  be  guilty  of  a  misdemeanor. 

5.    This  Act  shall  take  effect  immediately. 

Approved  April   17,   1909. 

ACCIDENTS    AT    CROSSINGS. 

Preamble.  Whereas,  by  the  provisions  of  the  statutes 
of  this  State,  it  has  been  provided  that  whenever  a  rail- 
road company  shall  have  enclosed  its  right  of  wa) 
through  any  incorporated  city  of  this  State,  with  a  fence 
wall  or  embankment,  and  shall  have  established  and 
maintained  gates  at  street  crossings,  as  provided  by  the 
provisions  of  any  statute  of  this  State,  that  upon  suet 
compliance  with  such  provisions  the  said  railroad  com 
pany  could  run  over  the  part  of  their  said  so  enclosed 
road  through  any  incorporated  city  of  this  State  "at 
any  rate  of  speed  they  may  deem  proper,  and  that  such 
speed  should  not,  thereafter,  be  restrained  by  any  city 
ordinance  to  regulate  the  same;"  therefore. 
Be  it  enacted,  etc.: 

Question  of  contributory  negligence  determined  by  jury, 
§  1.  Whenever  any  railroad  company  shall  have  assumed  to 
establish  and  maintain  what  are  known  as  safety  gates 
at  any  railroad  crossing  in  this  State  and  a  person  ia 
killed  or  injured  at  any  such  crossing  by  being  struck 
by  a  locomotive  or  train  when  attempting  to  cross  he 
tracks  at  a  time  when  such  gates  are  not  down,  as  re- 
quired by  any  statute  giving  the  railroad  the  right  to 
run  through  an  incorporated  city  at  any  rate  of  spied 
they  see  fit,  upon  compliance  with  the  provisions  ot 
such  statute,  that  in  all  such  cases  the  question  whetier 
the  person  so  killed  or  injured,  upon  attempting  to  cr  )sa 
such  railroad  crossing  at  a  time  when  the  safety  ga  es 
at  such  crossing  are  not  down,  was  or  was  not  guilty 
of  contributory  negligence  shall  be  a  question  to  be 
determined  by  the  jury  in  all  actions  brought  to  reco  er 
damages  for  such  loss  of  life  or  personal  injury. 

Repeal.  §  2.  All  Acts  or  parts  of  Acts  inconsistent  w  ;th 
this  Act  are  hereby  repealed,  and  this  Act  shall  ti  kq 
effect   immediately. 

Approved    March    31,   1909. 


,    ti  ka 

I 


CONTRIBUTORY   NEGLIGENCE  AT   CROSSINGS. 

Be  it  enacted,  etc.: 

When  grade  crossing  is  protected,'  user's  right  to  assu  me 
proper  operation.  §  1.  Wherever  any  railroad  whose  rl  ,'ht 
of  way  crosses  any  public  street  or  highway  has  or  si  all 
install  any  safety  gates,  bell  or  other  device  designed  to 
protect  the  traveling  public  at  any  crossing  or  las 
placed  at  such  crossing  a  flagman,  any  person  or  pers  ma 
approaching  any  such  crossing  so  protected  as  af(  re- 
said  shall,  during  such  hours  as  posted  notice  at  s  ich 
crossing  shall  specify,  be  entitled  to  assume  that  s  ich 
safety  gate  or  other  warning  appliances  are  in  g  )od 
and  proper  order,  and  will  be  duly  and  properly  op<  ra- 
ted unless  a  written  notice,  bearing  the  inscription  "  jut 
of  order,"  be  posted  in  a  conspicuous  place  at  s  ich 
crossing,  or  that  the  said  flagman  will  guard  said  cross- 
ing with  sufficient  care  whereby  such  traveler  or  tra  -el- 
ers  will  be  warned  of  any  danger  in  passing  over  s  aid 
crossing,  and  in  any  action  brought  for  injuries  to  )er- 
son  or  property,  or  for  death  caused  at  any  cross  ing 
protected  as  aforesaid,  no  plaintiff  shall  be  barred  ot 
the  action  because  of  his  failure  of  the  person  injrred 
or  killed  to  stop,  look  and  listen  before  passing  c  ver 
said  crossing. 

This  Act  shall  take  effect  immediately. 

Approved   April   14,   1909. 

STREET   RAILWAYS    TO    CARRY   FREIGHT    AND   EXPRESS. 

Be  it  enacted,  etc.: 

Street  car  companies  may  carry  freight  and  express^ 
ter.  §  1.  It  shall  be  lawful  for  any  traction  companj 
other  company  owning,  leasing  or  operating  any  street 
railroad  in  this  State  to  receive  and  carry  over  such 
street  railroad  freight  and  express  matter  for  hire  and 
to  deliver  the  same  to  parties  entitled  thereto;  pro- 
vided, that  it  shall  not  be  lawful  to  transport  freight  and 
express  matter  in  any  municipality  having  a  population 
exceeding  12,000  between  the  hours  ot  6  o'clock  a.  m. 
and  11  o'clock  p.  m.,  except  with  the  consent  and  upon 
such  streets  as  the  governing  body  of  such  municipality 


Public  Seuvice  Laws 


935 


may  by  ordinance  prescribe;  and  such  municipality  may 
jrescribe  reasonable  regulations  for  the  use  and  opera- 
Jon  of  cars  used  in  carrying  freight  and  express  matter 
ipon  the  streets  of  the  municipality  at  all  hours;  and 
provided,  further,  that  nothing  in  this  Act  shall  be  held 
;o  give  to  any  street  railway  company,  traction  com- 
3any  or  other  company  owning  or  operating  a  street  or 
Tolley  railway  company,  whatever  the  motive  power 
nay  "be,  any  perpetual  franchise;  and  provided,  further, 
;hat  all  rights  and  privileges  hereby  granted  shall  be 
lubject  to  all  the  provisions  of  law  with  relation  to  tax- 
ition,  including  franchise  taxes,  now  or  hereafter  appii- 
iable  to  any  street  railway  company,  traction  com- 
jany  or  other  company  having  the  right  to  use  the 
itreets  of  any  municipality  under  any  State  or  local 
aw  or  ordinance;  and  provided,  further,  that  nothing 
n  this  Act  shall  be  deemed  to  enlarge  the  provisions  of 
my  Act  which  limits  the  length  of  time  for  which 
ranchises  may  be  granted  to  any  street  railway  com- 
)any,  traction  company  or  other  like  company,  and  noth- 
ng  in  this  Act  shall  be  deemed  to  restrict  or  impair 
he  right  of  the  State  to  alter,  modify  or  repeal  this 
Vet. 

§  2.     This   Act   shall   take  effect  immediately. 

Approved  April   15,   1909. 

RAILROADS,    ETC.,    IN    OTHER    STATES. 

Corporations  to  operate  railways,  telegraph  and  tele- 
)hone  lines  and  other  public  utilities  outside  of  New 
ersey  may  be  formed  under  the  general  corporation 
Let  of  New  Jersey,  as  appears  from  §  6  thereof,  as  fol- 
ows: 

Purposes  for  which  corporation^  may  6e  formed.  §  6. 
Jpon  executing,  recording  and  filing  a  certificate  pursu- 
mt  to  all  the  provisions  of  this  Act,  three  or  more  per- 
ons  may  become  a  corporation  for  any  lawful  purpose 
ir  purposes  whatever,  other  than  a  savings  bank,  a 
luilding  and  loan  association,  an  insurance  company,  a 
urety  company,  a  railroad  company,  a  telegraph  com- 
lany,  a  telephone  company,  a  canal  company,  a  turn- 
like  company,  or  other  company  which  shall  need  to 
lossess  the  right  of  taking  and  condemning  lands  in 
his  State,  or  other  than  a  corporation  provided  for  by 
An  Act  concerning  banks  and  banking  (Revision  of 
899),"  or  by  "An  Act  concerning  trust  companies  (Re- 
ision  of  1899),"  or  by  "An  Act  concerning  sate  deposit 
ompanies    (Revision    of    1899)."     It   shall,    however,    be 


lawful  to  form  a  company  hereunder  for  the  purpose 
of  constructing,  maintaining  and  operating  railroads, 
telephone  or  telegraph  lines  outside  of  this  State;  pro- 
vided, that  any  company  organized  under  the  provisions 
of  this  Act  for  cremation  purposes  shall,  before  begin- 
ning business,  file  a  certified  copy  of  its  certificate  of 
incorporation  with  the  State  board  of  health  and  obtain 
from  said  board  a  license  to  carry  on  said  business, 
under  such  rules  and  regulations  as  said  board  may  pre- 
scribe. [As  amended  by  chapter  12,  Laws  of  1907;  P.  L. 
1907,   p.  35.] 

To  such  corporations  the  remaining  sections  or  the 
general  corporation  law  of  New  Jersey  are  applicable. 

PERSONAL  LIAmUTY  OF   STOCKHOLDER  UNDER  FOREIGN   LAW. 

Be  it  enacted,  etc.: 

Personal  liability  of  members  or  officers  of  domestic 
corporation;  when  proceedings  against  not  maintainable. 
§  1.  No  action  or  proceeding  shall  be  maintained  in  any 
court  of  this  State  against  any  stockholder,  officer  or  direc- 
tor of  any  domestic  corporation  for  the  purpose  of  enforcing 
any  statutory  personal  liability  of  such  stockholder,  oflicer 
or  director  for  or  upon  any  debt,  default  or  obligation  of 
such  corporation,  whether  such  statutory  personal  liability 
be  deemed  penal  or  contractual,  if  such  statutory  personal 
liability  be  created  by  or  arise  from  the  statutes  or  laws 
of  any  other  state  or  foreign  country. 

Domestic  or  foreign  corporation.  §  2.  No  action  or  pro- 
ceeding shall  be  maintained  in  any  court  of  law  of  this 
State  against  any  stockholder,  officer  or  director  of 
any  domestic  or  foreign  corporation  by  or  on  behalf 
of  any  creditor  of  such  corporation  to  enforce  any  stat- 
utory personal  liability  of  such  stockholder,  officer  or  di- 
rector for  or  upon  any  debt,  default  or  obligation  of  such 
corporation,  whether  su'oh  statutory  personal  liability 
be  deemed  penal  or  contractual,  it  such  statutory  per- 
sonal liability  be  created  by  or  arise  from  the  statutes 
or  laws  of  any  other  State  or  foreign  country,  and  no 
pending  or  future  action  or  proceeding  to  enforce  any 
such  statutory  personal  liability  shall  be  maintained  in 
any  court  of  this  State  other  than  in  a  nature  of  an 
equitable  accounting  for  the  proportionate  benefit  of  all 
parties  interested,  to  which  such  corporation  and  its 
legal  representatives,  if  any,  and  all  of  its  creditors  and 
all   of    its    stockholders   shall    be   necessary    parties. 

§  3.    This  A-ct  shall  take  effect  immediately. 

Approved   March   30,   1897. 


PUBLIC  SERVICE  LAWS  OF  NEW  MEXICO 


"ROM  THE  CONSTITUTION  OF  THE  STATE  OF  NEW 
MEXICO. 

Ldopted  by  the  Constitutional  Convention,  Held  at  Santa 
Pe,  N.  M.,  from  October  3  to  November  21,  1910. 

ARTICLE  IV.    LEGISLATIVE  DEPARTMENT. 

JRecall.  Section  1  contains  a  provision  by  which  the  peo- 
le  may  by  popular  vote  annul  any  law  enacted  by  the  legis- 
iture. 

Local  and  special  laws  prohibited.  §  24.  The  legislature 
hall  not  pass  any  local  or  special  laws  in  any  of  the  fol- 
jwing  cases:  *  »  *  Granting  to  any  corporation,  asso- 
iation  or  individual  the  right  to  lay  down  railroad  tracks 
r  any  "special  or  exclusive  privilege,  immunity  or  fran- 
hise,  or  amending  existing  charters  for  such  purpose; 
hanging  the  rules  of  evidence  in  any  trial  or  inquiry; 
tie  limitation  of  actions;  giving  effect  to  any  informal  or 
tivalid  deed,  will  or  other  instrument;  exempting  property 
rem  taxation;  restoring  to  citizenship  any  person  con- 
icted  on  an  infamous  crime;  the  adoption  or  legitimizing 
f  children;  changing  the  name  of  persons  or  places;  and 
tie  creation,  extension  or  impairment  of  liens.  In  every 
ther  case  where  a  general  law  can  be  made  applicable,  no 
pecial  law  shall  be  enacted. 

Legalising  invalid  acts.  §  25.  No  law  shall  be  enacted 
3galizing  the  unauthorized  or  .invalid  act  of  any  officer,  re- 
litting  any  fine,  penalty  or  judgment  against  any  officer, 
r  validating  any  illegal  use  of  public  funds. 

Corporate  franchises,  etc.  §  26.  The  legislature  shall 
ot  grant  to  any  corporation  or  person,  any  rights,  fran- 


chises, privileges,  immunities  or  exemptions,  which  shall 
not,  upon  the  same  terms  and  under  like  conditions,  inure 
equally  to  all  persons  or  corporations;  no  exclusive  right, 
franchise,  privilege  or  immunity  shall  be  granted  by  the 
legislature  or  any  municipality  in  this  State. 

§  32.  No  obligation  or  liability  of  any  person,  associa- 
tion or  corporation,  held  or  owned  by  or  owing  to  the 
State,  or  any  municipal  coi-poration  therein,  shall  ever  be 
exchanged,  transferred,  remitted,  released,  postponed,  or  in 
any  way  diminished  by  the  legislature,  nor  shall  any  such 
obligation  or  liability  be  extinguished  except  by  the  pay- 
ment thereof  into  the  proper  treasury,  or  by  proper  pro- 
ceeding in  court. 

§  37.  It  shall  not  be  lawful  for  a  member  of  the  legis- 
lature to  use  a  pass,  or  to  purchase  or  receive  transporta- 
tion over  any  railroad  upon  terms  not  open  to  the  general 
public;  and  the  violation  of  this  section  shall  work  a  for- 
feiture of  the  office. 

§  38.  The  legislature  shall  enact  laws  to  prevent  trusts, 
monopolies  and  combinations  in  restraint  ot  trade. 

§  40.  Any  person  convicted  of  any  of  the  offenses  men- 
tioned in  §  §  37  and  39  hereof,  shall  be  deemed  guilty  of  a 
felony  and  upon  conviction  shall  be  punished  by  fine  of  not 
more  than  $1,000  or  by  imprisonment  in  the  penitentiary 
for  not  less  than  one  nor  more  than  five  years. 

ARTICLE  VIII.    TAXATION  AND  REVENUE. 

§  8.  The  power  to  license  and  tax  corporations  and  cor- 
porate property  shall  not  be  relinquished  or  suspended  by 
the  State  or  any  subdivision  thereof;  provided,  that  the 
legislature  may,  by  general  law,  exempt  new  railroads  from 


936 


National  Association  of  Eailway  Commissioners 


taxation  for  not  more  than  six  years,  from  and  after  tlie 
completion  of  any  sucli  railroad  and  branclies;  sucli  rail- 
road being  deemed  to  be  completed  for  the  purpose  of  tax- 
ation, as  to  any  operative  division  thereof,  when  the  same 
is  opened  for  business  to  the  public;  and  new  sugar  fac- 
tories, smelters,  reduction  and  refining  works,  and  pump- 
ing plants  for  irrigation  purposes,  and  irrigation  works, 
for  not  more  than  six  years  from  and  after  their  establish- 
ment. 

§  9.  All  property  within  the  territorial  limits  of  the 
authority  levying  the  tax,  and  subject  to  taxation,  shall  be 
taxed  therein  for  State,  county,  municipal  and  other  pur- 
poses; provided,  that  the  State  board  of  equalization  shall 
determine  the  value  of  all  property  of  railroad,  express, 
sleeping-car,  telegraph,  telephone  and  other  transportation 
or  transmission  companies,  used  by  such  companies  in  the 
operation  of  their  railroad,  express,  sleeping-car,  telegraph, 
or  telephone  lines,  or  other  transportation  or  transmission 
lines,  and  shall  certify  the  value  thereof  as  so  determined 
to  the  county  and  municipal  taxing  authorities. 

ARTICLE  XI.     CORPORATIONS  OTHER  THAN  MUNICI 

PAL. 

Corporation  commission  created.  §  1.  A  permanent  com- 
mission to  consist  of  three  members  is  hereby  created, 
which  shall  be  known  as  the  "State  Corporation  Commis- 
sion." 

Three  members  six  years.  §  2.  The  members  of  the 
commission  shall  be  elected  for  the  term  of  six  years;  pro- 
vided, that  those  chosen  at  the  first  election  for  State  offi- 
cers shall  immediately  qualify  and  classify  themselves  by 
lot,  so  that  one  of  them  shall  hold  office  until  two  years, 
one  until  four  years  and  one  until  six  years  from  and  after 
January  1st,  1913 ;  and  thereafter  one  commissioner  shall  be 
elected  at  each  general  election. 

§  3.  No  officer,  agent  or  employe  of  any  railway,  ex- 
press, telegraph,  telephone,  sleeping-car,  or  other  transpor- 
tation or  transmission  company,  while  representing  such 
company,  nor  any  person  financially  interested  therein,  shall 
hold  office  as  a  member  of  the  commission,  or  perform  any 
of  the  duties  thereof,  and  no  commissioner  shall  be  qualified 
to  act  upon  any  matter  pending  before  the  commission,  in 
which  he  is  interested,  either  as  principal,  agent  or  attor- 
ney. 

§  4.  The  commission  shall  annually  elect  one  of  its 
members  chairman  and  shall  have  one  clerk,  and  such  other 
officers,  assistants  and  subordinates  as  may  be  prescribed 
by  law,  all  of  whom  shall  be  appointed  and  subject  to  re- 
moval by  the  commission.  The  commission  shall  prescribe 
its  own  rules  of  order  and  procedure,  except  so  far  as  speci- 
fied in  this  constitution.  The  attorney-general  of  the  State, 
or  his  legally  authorized  representative,  shall  be  the  attor- 
ney for  the  commission. 

§  5.  The  legislature  shall  provide  suitable  quarters  for 
the  commission,  and  funds  for  its  lawful  expenses,  includ- 
ing necessary  traveling  expenses,  witness  fees  and  mileage 
and  costs  of  executing  process  issued  by  the  commission  or 
the  Supreme  Court  or  the  District  Courts.  The  salary  of 
each  commissioner  shall  be  $3,000  per  annum,  payable  quar- 
terly. 

§  6.  Subject  to  the  provisions  of  this  constitution,  and 
of  such  requirements,  rules  and  regulations  as  may  be  pre- 
scribed by  law,  the  State  Corporation  Commission  shall  be 
the  department  of  government  through  which  shall  be  is- 
sued all  charters  for  domestic  corporations  and  amendments 
or  extensions  thereof,  and  all  licenses  to  foreign  corpora- 
tions to  do  business  in  this  State;  and  through  which  shall 
be  carried  out  all  the  provisions  of  this  constitution  relat- 
ing to  corporations  and  the  laws  made  in  pursuance  thereof. 
The  commission  shall  prescribe  the  form  of  all  reports 
which  may  be  required  of  corporations  by  this  constitution 
or  by  law,  and  shall  collect,  receive  and  preserve  such  re- 
ports, and  annually  tabulate  and  publish  them.  All  fees 
required  by  law  to  be  paid  for  the  filing  of  articles  of  in- 
corporation, reports  and  other  documents,  shall  be  collected 
by  the  commission  and  paid  into  the  state  treasury.  All 
charters,  papers  and  documents  relating  to  corporations  on 
file  in  the  office  of  the  secretary  of  the  territory,  the  com- 
missioner of  insurance  and  all  other  territorial  offices,  shall 
be  transferred  to  the  office  of  the  commission. 

§  7.  The  commission  shall  have  power  and  be  charged 
with  the  duty  of  fixing,  determining,  supervising,  regulat- 
ing and  controlling  all  charges  and  rates  of  railway,  ex- 
press,  telegraph,  telephone,   sleeping-ear,   and  other  trans- 


portation and  transmission  companies  and  common  carriei 
within  the  State;  to  require  railway  companies  to  pr 
vide  and  maintain  adequate  depots,  stock-pens,  static 
buildings,  agents  and  facilities  for  the  accommodation  ( 
passengers  and  for  receiving  and  delivering  freight  an 
express;  and  to  provide  and  maintain  necessary  crossing 
culverts  and  sidings  upon  and  alongside  of  their  roadbed 
whenever  in  the  judgment  of  the  commission  the  publ 
interests  demand,  and  as  may  be  reasonable  and  just.  Tl 
commission  shall  also  have  power  and  be  charged  with  tl 
duty  to  make  and  enforce  reasonable  and  just  rules  requi 
ing  the  supplying  of  cars  and  equipment  for  the  use  i 
shippers  and  pa.ssengers,  and  to  require  all  intrastate'  ral 
ways,  transportation  companies  or  common  carriers,  to  pr 
vide  such  reasonable  safety  appliances  in  connection  wl( 
all  equipment,  as  may  be  necessary  and  proper  for  tl 
safety  of  Its  employes  and  the  public,  and  as  are  now  i 
may  be  required  by  the  Federal  laws,  rules  and  regulatioi 
governing  interstate  commerce.  The  commission  shall  hai 
power  to  change  or  alter  such  rates,  to  change,  alter  ( 
amend  its  orders,  rules,  regulations  or  determinations,  ai 
to  enforce  the  same  in  the  manner  prescribed  herein  pr 
vided,  that  in  the  matter  of  fixing  rates  of  telephone  ai 
telegraph  companies,  due  consideration  shall  be  givsn  i 
the  earnings,  investment  and  expenditure  as  a  whole  w  ith! 
the  State.  The  commission  shall  have  power  to  subpoei 
witnesses  and  enforce  their  attendance  before  the  coi  imi 
sion,  through  any  District  Court  or  the  Supreme  Court  i 
the  State,  and  through  such  Court  to  punish  for  conterap 
and  it  shall  have  power,  upon  a  hearing,  to  determin(  ai 
decide  any  question  given  to  it  herein,  and  in  case  of  fi  ilu; 
or  refusal  of  any  person,  company  or  corporation  to  cc  mp 
with  any  order  within  the  time  limit  therein,  unless  s 
order  of  removal  shall  have  been  taken  from  such  ord  t  1 
the  company  or  corporation  to  the  Supreme  Court  ol  th 
State,  it  shall  immediately  become  the  duty  of  the  coi 
mission  to  remove  such  order,  with  the  evidence  ad(  uc( 
upon  the  hearing,  with  the  documents  in  the  case  t  ^  tl 
Supreme  Court  of  this  State.  Any  company,  corporati'.n  ( 
common  carrier  which  does  not  comply  with  the  ord  t  i 
the  commission  within  the  time  limited  therefor,  ma  "  fl 
with  the  commission  a  petition  to  remove  such  cau  e 
the  Supreme  Court,  and  in  the  event  of  such  removal  b  •  tl 
company,  corporation  or  common  carrier,  or  other  par  y  ' 
such  hearing,  the  Supreme  Court  may,  upon  applic  tti< 
in  its  discretion,  or  of  its  own  motion,  require  or  auth  )ri! 
additional  evidence  to  be  taken  in  such  cause;  but  ii  tl 
event  of  removal  by  the  commission,  upon  failure  o  tl 
company,  corporation  or  common  carrier,  no  additiona  e^ 
dence  shall  be  allowed.  The  Supreme  Court,  for  the  co 
sideratlon  of  such  causes  arising  hereunder,  shall  1  e  i 
session  at  all  times,  and  shall  give  precedence  to  su( 
causes.  Any  party  to  such  hearing  before  the  commis  iio 
shall  have  the  same  right  to  remove  the  ordei-  en  en 
therein  to  the  Supreme  Court  of  the  State,  as  given  i  ndi 
the  provisions  hereof  to  the  company  or  corporation  ag  lin 
which  such  order  is  directed. 

In  addition  to  the  other  powers  vested  in  the  Sup  en 
Court  by  this  constitution  and  the  laws  of  the  State  tl 
said  Court  shall  have  the  power  and  it  shall  be  its  du  y  i 
decide  such  cases  on  their  merits  and  carry  into  effe<  t  i 
judgments,  orders  and  decrees  made  in  such  cases,  by  fin 
forfeiture,  mandamus,  injunction  and  contempt  or , 
appropriate  proceedings. 

§  8.     The  commission  shall  determine  no  questld 
issue  any  order  in  relation  to  the  matters  specified  ii    ft 
preceding  section,  until  after  a  public  hearing  held_  ij 
10  days'  notice  to  the  parties  concerned,  except  in 
default  after  such  notice. 

§  9.  It  is  hereby  made  the  duty  of  the  commissione-^ 
exercise  constant  diligence  in  informing  themselves  o'  tl 
rates  and  charges  of  transportation  and  transmission  con 
panics  and  common  carriers  engaged  in  the  transport; itic 
of  passengers  and  property  from  points  in  this  Sta'e  1 
points  beyond  its  limits,  and  from  points  in  other  Stat:"S  t 
points  in  this  State;  and,  whenever  it  shall  come  t(  tB 
knowledge  of  the  commission,  by  complaint  or  in  any  othe 
manner,  that  the  rate  charged  by  any  transportation  c 
transmission  company  or  common  carrier,  on  interjtat 
business  is  unjust,  excessive  or  unreasonable,  or  that  sue 
rates  discriminate  against  the  citizens  of  the  State,  and  i 
the  judgment  of  the  commission  such  complaint  is  we 
founded  and  the  public  welfare  involved,  the  commiHsio 
shall  institute  and  prosecute  to  a  final  determination  Ix^foi 
the  Interstate  Commerce  Commission  or  Commerce  Cour 


ny  nn 

ii 

1  ii    ft 
Id    iM 

one-^ 


Public  Service  IjAws 


937 


any  lawful  authority  having  jurisdiction  In  the  premises, 
ch  proceedings  as  it  may  deem  expedient  to  obtain  such 
lief  as  conditions   may  require. 

§  10.  No  transportation  or  transmission  company  or 
mmon  carrier  shall  charge  or  receive  any  greater  com- 
nsation,  in  the  aggregate,  for  the  transportation  as  in- 
istate  commerce  of  passengers,  or  a  lilce  kind  of  property, 

for  the  transmission  of  the  same  kind  of  message,  be- 
een  points  In  this  State,  for  a  shorter  than  a  longer  dis- 
nce  over  the  same  line  or  route  in  the  same  direction, 
e  shorter  being  Included  within  the  longer  distance;  but 
is  section  shall  not  be  construed  as  authorizing  any  such 
mpany  or  common  carrier  to  charge  or  receive  as  great 
mpensation  for  a  shorter  as  for  a  longer  distance;  pro- 
aed,  that  telegraph  and  telephone  companies  may,  in  cer- 
in  cases,  with  the  approval  of  the  commission,  base  their 
arges  upon  the  air-line  distances  Instead  of  the  distances 
tually  traveled  by  the  messages.  The  commission  may 
om  time  to  time  authorize  any  such  company  or  common 
rrler  to  disregard  the  foregoing  provisions  of  this  section, 
•  charging  such  rates  as  the  commission  may  prescribe 

just  and  equitable  between  such  company  or  common 
rrier  and  the  public,  to  or  from  any  junction  or  com- 
ititive  points,  or  localities,  or  where  the  competition  of 
lints  located  without  or  within  this  State  may  necessitate 
e  prescribing  of  special  rates  for  the  protection  of  the 
mmerce  of  this  State,  or  in  cases  of  general  epidemics, 
istilence,  calamitous  visitations  and  other  exigencies.  This 
ction  shall  not  apply  to  milage  tickets  or  to  any  special 
cursion  or  commutation  rates;  nor  to  special  rates  for 
rvices  rendered  in  the  interest  of  any  public  or  charitable 
iject,  when  such  tickets  or  rates  shall  have  been  pre- 
ribed  or  authorized  by  the  commission,  nor  shall  it  apply 

special  rates  for  services  rendered  to  the  United  States 
■  this  State. 

§  11.     The  commission  shall  have  the  right  at  all  times 

inspect  the  books,  papers  and  records  of  all  such  com- 
mies and  common  carriers  doing  business  in  this  State, 
id  to  require  from  such  companies  and  common  carriers 
om  time  to  time  special  reports  and  statements,  under 
ith,  concerning  their  business.  The  commissioners  shall 
ive  the  power  to  administer  oaths  and  to  certify  to  their 
Bclal  acts. 

§  12.  No  corporation  in  existence  at  the  time  of  the 
(option  of  this  constitution  shall  have  the  benefit  of  any 
ture  legislation,  nor  shall  any  amendment  or  extension 

its  charter  be  granted,  until  such  corporation  shall  have 
ed  in  the  office  of  the  commission  an  acceptance  of  the 
ovisions  of  this  constitution;  provided,  however,  that 
lether  or  not  they  file  such  acceptance,  such  corporations 
■all  be  subject  to  the  provisions  of  this  constitution  and 
18  laws  of  this  State. 

§  13.     The  legislature  shall  provide  for  the  organization 

corporations  by  general  law.  All  laws  relating  to  cor- 
rations  may  be  altered,  amended  or  repealed  by  the  leg- 

ature,  at  any  time,  when  necessary  for  the  public  good 

d  general  welfare,  and  all  corporations,  doing  business 

this  State  may,  as  to  such  business,  be  regulated,  limited 

restrained  by  laws  not  in  conflict  with  the  constitution  of 

J  United  States  or  of  this  constitution. 

§  14.    The  police  power  of  this  State  is  supreme  over 

corporations  as  well  as  Individuals. 

§  15.  Every  railroad,  car  or  express  company,  shall  re- 
iictlvely  receive  and  transport,  without  delay  or  dlscrim- 

Sitlon,  each  other's  cars,  tonnage  and  passengers,  under 
;h  rules  and  regulations  as  may  be  prescribed  by  the  com- 
tssion. 

§  16.  All  telephone  and  telegraph  lines,  operated  for 
1  e,  shall  receive  and  transmit  each  other's  messages  with- 
c;  delay  or  discrimination,  and  make  and  maintain  con- 
i^tions  with  each  other's  lines,  under  such  rules  and  reg- 
t  tions  as  may  be  prescribed  by  the  commission. 

§  17.  Any  railroad  corporation  or  association  organized 
f  the  purpose,  shall  have  the  right  to  construct  and  oper- 
a  a  railroad  between  any  points  within  this  State  or  else- 
vere,  and  to  connect  at  the  State  line  or  elsewhere  with 
t  railroads  of  other  States;  and,  under  such  terms,  order 
o  permission  as  may  be  granted  in  each  Instance  by  the 
c  imission,  shall  have  the  right  to  cause  its  road  to  in- 
tisect,  connect  with  or  cross  any  other  railroad. 

§  18.  The  right  of  eminent  domain  shall  never  be  so 
a  idged  or  construed  as  to  prevent  the  legislature  from 
tiing  the  property  and  franchises  of  incorporated  com- 
P  ies  and  subjecting  them  to  the  public  use,  the  same  as 
tl  property  of  individuals. 


ARTICLE  XX.     MISCELLANEOUS. 

§  14.  It  shall  not  be  lawful  for  the  governor,  any  mem- 
ber of  the  State  board  of  equalization,  any  member  of  the 
corporation  commission,  any  judge  of  the  Supreme  or  Dis- 
trict Court,  any  district  attorney,  any  county  commissioner 
or  any  county  assessor,  during  his  term  of  office  to  accept, 
hold  or  use  any  free  pass;  or  purchase,  receive  or  accept 
transportation  over  any  railroad  within  this  State  for  him- 
self of  his  family  upon  terms  not  open  to  the  general  pub- 
lic; and  any  person  violating  the  provisions  hereof  shall, 
upon  conviction  in  a  court  of  competent  jurisdiction,  be 
punished  as  provided  in  §  §  37  and  40  of  the  article  on  leg 
islative  department  in  this  constitution. 

§  16.  Every  person,  receiver  or  corporation  owning  or 
operating  a  railroad  within  this  State  shall  be  liable  In 
damages  for  Injury  to,  or  the  death  of,  any  person  in  its 
employ,  resulting  from  the  negligence,  in  whole  or  In  part, 
of  said  owner  or  operator  or  of  any  of  the  officers,  agents 
or  employes  thereof,  or  by  reason  of  any  defect  or  insuffi- 
ciency, due  to  its  negligence,  in  whole  or  in  part,  in  its 
cars,  engines,  appliances,  machinery,  track,  roadbed,  works 
or  other  equipment. 

An  action  for  negligently  causing  the  death  of  an  em- 
ploye as  above  provided  shall  be  maintained  by  the  execu- 
tor or  administrator  for  the  benefit  of  the  employe's  sur- 
viving widow  or  husband  and  children;  or  if  none,  then  his 
parents;  or  if  none,  then  the  next  of  kin  dependent  upon 
said  deceased.  The  amount  recovered  may  be  distributed 
as  provided  by  law.  Any  contract  or  agreement  made  in 
advance  of  such  injury  with  any  employe  waiving  or  lim- 
iting any  right  to  recover  such  damages  shall  be  void. 

This  provision  shall  not  be  construed  to  affect  the  pro- 
visions of  §  2  of  article  22  of  this  constitution,  being  the 
article  upon  Schedule. 

*     *     * 

ARTICLE  XXII.     SCHEDULE. 

That  no  Inconvenience  may  arise  by  reason  of  the 
change  from  a  territorial  to  a  State  form  of  government. 
It  Is  declared  and  ordained. 

§  1.  This  constitution  shall  take  effect  and  be  in  full 
force  immediately  upon  the  admission  of  New  Mexico  into 
the  Union  as  a   State. 

§  2.  Until  otherwise  provided  by  law,  the  Act  of  con- 
gress of  the  United  States,  entitled,  "An  Act  relating  to  lia- 
bility of  common  cariers,  by  railroads  to  their  employes  in 
certain  cases,"  approved  April  22,  1908,  and  all  Acts 
amendatory  thereof,  shall  be  and  remain  in  force  in  this 
State  to  the  same  extent  that  they  have  been  in  force  in  the 
Territory  of  New  Mexico. 

§  4.  All  laws  of  the  Territory  of  New  Mexico  in  force 
at  the  time  of  its  admission  Into  the  Union  as  a  State,  not 
inconsistent  with  this  constitution,  shall  be  and  remain  In 
force  as  the  laws  of  the  State  until  they  expire  by  their  own 
limitation,  or  are  altered  or  repealed;  and  all  rights,  ac- 
tions, claims,  contracts,  liabilities  and  obligations,  shall  con- 
tinue and  remain  unaffected  by  the  change  in  the  form  of 
government. 

STATUTE  LAW. 
(From  the  Compiled  Laws  of  New  Mexico,  1907.) 
TITLE     XXXIX.       RAILROAD     AND      EXPRESS      COM- 
PANIES. 
CHAPTER  I.        ORGANIZATION.     Omitted. 
CHAPTER  II.      BY-LAWS.     Omitted. 
CHAPTER  III.     DIRECTORS.     Omitted. 
CHAPTER  IV.      CORPORATE  STOCK. 

§  3833.  Shares  of  the  capital  stock  of  any  corporation 
formed  under  this  Act  shall  be  personal  property,  and  may 
be  transferred,  by  Indorsement,  by  the  signature  of  the  pro- 
prietor, or  his  attorney,  or  legal  representative,  and  de- 
livery of  the  certificate;  but  such  transfer  shall  not  be 
valid,  except  between  the  parties  thereto,  until  the  same 
shall  have  been  entered  upon  the  transfer  book  of  the  cor- 
poration so  as  to  show  the  names  of  the  parties  by,  and  to 
whom,  transferred,  the  number  or  designation  of  the  shares, 
and  the  date  of  the  transfer:  provided,  no  stock  shall  be 
transferred  upon  the  transfer  book  of  the  corporation  until 
all  previous  assessments  thereon  shall  have  been  fully  paid 
in,  nor  shall  any  such  transfer  be  valid  except  as  between 
the  parties  thereto  unless  at  least  20  per  cent  shall  have 
been  paid  thereon,  and  the  certificates  issued  therefor,  and 
the  transfer  approved  by  the  board  of  directors. 


938 


National  Association  of  Railway  Commissioners 


§  3834.  Certificates  of  stock,  when  fully  paid  up,  signed 
by  the  president  and  secretary,  shall  be  issued  to  fhe  own- 
ers thereof,  and  provision  may  be  made  in  the  by-laws  for 
issuing  certificates  prior  to  full  payment,  under  such  re- 
strictions, and  for  such  purposes,  as  the  by-laws  may  pro- 
vide. 

§  3835.  Shares  of  stock  held  or  owned  by  a  married 
woman  may  be  transferred  by  her,  her  agent  or  attorney, 
without  the  signature  of  her  husband,  in  the  same  manner 
as  if  sucli  married  woman  were  a  feme  sole.  All  dividends 
payable  upon  any  shares  of  stock  held  by  a  married  woman 
may  be  paid  to  such  married  woman,  her  agent  or  attorney, 
in  the  same  manner  as  if  she  were  unmarried,  and  it  shall 
not  be  necessary  for  her  husband  to  join  in  any  receipt 
therefor;  and  any  proxy  or  power  given  by  a  married 
woman  touching  any  stock  owned  by  her,  shall  be  valid  and 
binding  without  the  signature  of  her  husband,  the  same  as 
if  she  were  unmarried. 

§  3836.  When  shares  of  stock  are  owned  by  persons  re- 
siding out  of  the  territory,  the  president,  secretary  or  di- 
rectors of  the  corporation,  before  entering  any  transfer 
thereof  on  the  books,  or  issuing  a  certificate  therefor  to  the 
transferee,  may  require  from  the  attorney  or  agent  of  the 
non-resident  owner,  or  from  the  person  claiming  under  the 
transfer,  an  affidavit  or  other  evidence  that  the  non-resi- 
dent owner  was  alive  at  the  date  of  the  transfer,  and  that 
his  signature  to  the  transfer  is  genuine;  and  if  such  afli- 
davit  or  other  satisfactory  evidence  be  not  furnished,  may 
require  from  the  attorney,  agent  or  claimant,  a  bond  of 
indemnity  with  two  sureties,  satisfactory  to  the  board  of 
directors;  or  if  not  so  satisfactory,  then  one  approved  by 
a  district  or  county  judge  of  the  county  in  which  the  prin- 
cipal office  of  the  corporation  is  situated,  conditioned  to  pro- 
tect and  indemnify  the  corporation  against  any  liability 
to  the  non-resident  owner  or  his  or  her  legal  representa- 
tives, in  case  of  his  or  her  death  before  the  transfer,  and  if 
such  affidavit  or  other  evidence,  or  bond  be  not  furnished 
when  required  as  herein  provided,  neither  the  corporation, 
nor  any  officer  thereof,  shall  be  liable  for  refusing  to  enter 
the  transfer  on  the  books  of  the  corporation. 

CHAPTER  V.  ASSESSMENTS.     Omitted. 

CHAPTER  VII.     EMINENT  DOMAIN.     Omitted. 

CHAPTER  VII.      Omitted. 

CHAPTER  VIII.     REGULATION  AND  MANAGEMENT. 

§  3865.  If  a  passenger  be  injured  while  on  the  platform 
of  any  car,  or  while  in  any  mail,  express,  baggage  or  freight 
car,  or  on  the  locomotive,  or  while  his  or  her  head,  limbs 
or  body  is  projected  outside  the  window  or  door  of  any 
passenger  car,  in  violation  of  the  printed  regulations  of 
said  corporation  posted  up  at  the  time,  in  a  conspicuous 
place  inside  of  the  passenger  cars  then  in  the  train,  or  in 
violation  of  any  verbal  instructions  given  by  any  officer 
of  the  train,  such  passenger  shall  be  deemed  guilty  of  con- 
tributory negligence,  and  such  corporation  shall  not  be 
liable  for  such  injury;  provided,  that  there  was,  at  the 
time,  inside  of  its  passenger  cars,  room  sufficient  for  the 
accommodation  of  such  passenger. 

§  3870.  Every  corporation  formed  under  this  Act  must 
provide  forms  of  bills  of  lading  in  writing,  or  print  and 
issue  any  reasonable  number  thereof  to  every  consignor  of 
freight  asking  therefor.  Said  bills  of  lading  must  be 
signed  by  the  agent  of  such  corporation  receiving  such 
freight,  and  must  describe  the  freight  so  as  to  identify  it 
and  state  the  name  of  the  consignor  and  the  terms  of  the 
contract  for  carriage.  It  must  also  contain  an  agreement 
or  promise  that  the  freight  shall  be  delivered  at  the  place 
of  destination  therein  designated  to  the  order  or  assigns 
of  a  particular  person  or  corporation  therein  designated. 

§  3871.  Any  corporation  formed  under  this  Act  shall  be 
exonerated  from  liability  for  freight,  by  delivery  thereof  in 
good  faith  to  any  holder  of  a  bill  of  lading  therefor,  prop 
erly  indorsed  or  made  in  favor  of  the  bearer. 

§  3872.  Whenever  any  corporation  has  issued  a  bill  of 
lading  for  freight,  or  other  instrument  substantially  equiva- 
lent thereto,  it  may  require  the  surrender  thereof,  or  a  rea- 
sonable indemnity  against  claims  thereon  before  delivering 
the  freight  therein  mentioned. 

§  3873.  Every  corporation  formed  under  this  Act  may 
lawfully  demand  the  payment  of  fares  and  freightages  in 
advance;  and  If  they  be  not  paid  in  advance,  such  corpora- 
tion shall  have  a  lien  upon  the  luggage  of  the  passenger 
for  his  fare,  and  upon  the  freight  for  freightage  due  there- 
on, and  may  retain  possession  of  such  luggage  and  freight 


until  such  fare  or  freightage  shall  have  been  paid.  If  sucb 
fare  or  freightage  be  not  paid  within  10  days  after  tho 
same  is  due,  such  luggage  or  freight  may  be  sold  by  such 
corporation,  in  the  same  manner  and  with  the  same  conse- 
quences as  are  provided  for  the  sale  of  unclaimed  baggage, 
in  §  3863;  provided,  that  if  such  freight  be  perishable,  it 
may  be  sold  forthwith  at  public  auction  without  notice  to 
the  owner. 

§  3875.  Every  corporation,  formed  under  this  Act,  must 
make  an  annual  report  to  the  secretary  of  this  Territory 
of  the  operations  of  the  year  ending  on  the  thirty-first  day 
of  December,  which  report  shall  be  verified  by  the  president 
or  general  superintendent,  and  the  secretary  and  treasurer 
of  the  corporation.  Such  report  must  be  filed  in  the  office 
of  the  secretary  of  this  Territory  on  or  before  the  first  day 
of  March  next  ensuing,  and  shall  state: 

1.  The  capital  stock,  and  the  amount  thereof  actually 
paid  in 

2.  The  amount  paid  for  the  purchase  of  lands  for  the 
construction  of  the  road,  for  buildings,  engines  and  cars,; 
respectively. 

3.  The  amount  and  nature  of  the  Indebtedness  of  he 
corporation,  and  the  amount  due  it. 

4.  The  amount  received  for  the  transportation  of  pas- 
sengers, property,  mails,  express  matter,  respectively,  end 
the  amount  received  from  any  other  sources. 

5.  The  amount  of  freight  transported,  specifying  he 
quantity  in  tons. 

6.  The  amount  paid  for  the  repair  of  engines,  cars, 
buildings  and  other  expenses,  in  gross,  showing  the  curr-mt 
expense  of  running  its  road. 

7.  The  number  and  amount  of  dividends,  and  wl  ■  n 
paid. 

8.  The  number  of  engine  houses  and  shops,  of  engii  ps 
and  cars,  and  their  character. 

§  3876.  All  railroads  constructed  under  this  Act  mai^  be 
of  such  gauge  as  the  board  of  directors  may  deternii  le. 
They  must  be  constructed  of  the  best  quality  of  iron  or 
steel  rail  known  as  T  or  H  rail,  or  other  pattern  of  eq  al 
utility,  until  otherwise  permitted  by  law;  provided,  the  p -o- 
visions  of  this  section  shall  not  apply  to  railroad  tra<  ks 
used  exclusively  for  carrying  freight,  or  for  mining  p  ir- 
poses. 

§3877.  Every  corporation  formed  under  this  Act  m  st 
commence  the  construction  of  its  road  within  two  ye;  rsr 
after  the  date  of  the  filing  of  its  articles  of  incorporat;  do 
in  the  office  of  the  secretary  of  this  Territory,  and  m  ist 
finish  and  put  the  same  in  full  operation  within  six  ye;  rs 
thereafter,  or  its  right  to  further  complete  the  same,  in  i  he 
discretion  of  the  legislative  assembly  of  this  Territory,  n  ajr 
be  forfeited. 


CHAPTER   IX. 


GRANTS,    DONATIONS,    EXEMPTK 
DISSOLUTIONS. 


rjJill 


§  3878.  There  is  hereby  granted  to  every  cor 
tion  formed  under  this  Act  a  right  of  way  for  its  r  lil- 
roads  and  telegraphs  to  the  width  of  100  feet  on  e:  eh 
side  of  the  center  line  of  the  track  over  and  throi  gh 
any  of  the  swamp  or  overflowed  lands  or  other  Ian  Is, 
which  now  belong  to  this  Territory,  or  may  hereaf  er 
become  the  property  of  this  Territory;  and  in  cases  wh  re 
deep  excavations,  or  heavy  embankments,  or  other  ( iit- 
tlngs,  ditches,  drains,  canals,  culverts  or  structures  to 
protect  the  roadbeds  and  to  facilitate  the  use  and  'a- 
joyment  of  the  same  is  or  may  be  required  for  he 
grade  or  other  uses  of  said  roads,  then,  at  such  places  a 
greater  width  of  such  lands  may  be  taken  by  such  (or- 
poration,  and  the  same  is  hereby  further  granted  to  s\  ch 
corporation,  not  exceeding,  in  addition,  500  feet  wide. 
And  the  right  is  hereby  further  granted  to  such  corpc  ra- 
tion to  locate,  occupy  and  hold  so  much  of  said  lands 
as  may  be  necessary  for  sites  and  grounds  for  water  ng 
places,  depots,  stations  or  other  buildings  or  structuies, 
along  the  line  of  said  railroads  necessary  for  the  accmn- 
modation  of  the  public,  the  operating  of  said  roads  uad 
the  transaction  of  the  business  of  such  corporation.  J-ni 
the  further  right  is  hereby  granted  to  such  corporation 
to  appropriate  to  Its  use,  by  means  of  pipes,  ditd^es, 
aqueducts  or  other  conduits,  so  much  of  the  waters  of 
any  springs  or  streams  on  said  lands  as  may  be  neces- 
sary to  the  operating  of  the  roads  and  the  transaction 
of  the  business  of  such  corporation,  together  with  the 
right  of  way  over  said  lands  to  such  springs  or  streamy 
for  such  pipes,  ditches,  aqueducts  or  other  conduits!- 


II 


Public  Service  Laws 


93t> 


§  3879.  Any  county,  city  or  town  in  tliis  Territory 
is  hereby  empowered,  by  vote  of  its  governing  body,  to 
give,  grant  or  donate  to  any  corporation  formed  under 
this  Act,  the  use  of  any  of  fhe  streets  or  highways  which 
may  be  necessary  or  convenient  to  enable  such  corpora- 
tion to  reach  an  accessible  point  for  a  depot  or  station 
in  such  county,  city  or  town,  or  to  pass  through  the  same 
on  as  direct  a  route  as  possible  so  as  to  accommodate 
the  traveling  and  commercial  interests  of  such  county, 
city   or   town. 

§  3880.  To  aid  and  encourage  construction  of  rail- 
roads in  this  Territory,  all  the  property  of  every  kind 
and  description  of  every  corporation  formed  under  this 
Act  shall  be  exempt  from  taxation  of  every  kind  and 
description  until  the  expiration  of  six  years  from  and 
after  the  completion  of  its  road  or  roads;  and  the  maxi- 
mum charges  for  fares  and  freightages,  as  fixed  by  this 
Act,  shall  not  be  reduced  so  as  to  affect  any  such  cor- 
poration until  the  surplus  earnings  of  its  roads  and  tele- 
graphs shall  exceed  10  per  cent  upon  the  cost  of  the  con- 
struction and  equipment  of  its  roads  and  telegraphs,  in- 
cluding the  cost  of  right  of  way,  depots,  shops,  water 
rights  and  stations. 

§  3881.  That  for.  the  purpose  of  aiding  and  encour- 
aging the  construction  of  new  railroads,  the  property  of 
any  railroad  company  formed  under  or  doing  business 
pursuant  to  the  laws  of  this  Territory,  and  whose  rail- 
road may  hereafter  be  constructed,  shall  be  exempt  from 
taxation  until  the  expiration  of  six  years  from  and  after 
the  completion  of  its  railroad  and  branches;  such  rail- 
road being  deemed  to  be  completed  for  the  purpose  of 
taxation,  as  to  any  operative  division  thereof  when  the 
same  is  opened  for  business  to  the  public. 

§  3882.  That  for  the  purpose  of  taxation  any  rail- 
road or  railroads  constructed  under  the  provisions  of  the 
preceding  chapter  shall  be  deemed,  and  are  hereby  de- 
clared, to  have  reached  completion,  whether  at  the  end 
of  six  years  from  the  time  of  the  commencement  or  the 
construction  thereof,  the  points  to  which  construction 
has  progressed  and  to  which  said  road  or  I'oads  have 
been  put  in  operation,  is  the  place  of  destination  of  said 
road  or  roads  as  named  in  the  articles  of  incorporation 
of  the  company  building  or  who  built  the  same,  or  some 
point  intermediate  between  the  termini  of  said  road  or 
roads  as  named  in  said  articles  of  incorporation;  and 
that  the  exemption  from  taxation  for  six  years  from 
and  after  the  completion  of  said  road  or  roads,  provided 
for  in  the  above-mentionel  chapter,  shall  be  understood 
and  intended  to  be  exempted  from  taxation  for  six  years 
from  and  after  the  completion  of  said  road  or  roads,  as 
such  completion  is  defined  and  expressed  in  this  chapter, 
and  not  otherwise.  And  it  is  hereby  expressly  provided 
that  in  no  event  shall  any  line  of  railway,  or  part  of  a 
line  of  railway,  or  any  part  or  ixsrtion  of  its  property, 
real  or  personal,  privileges,  rights  or  franchises  be  ex- 
empt from  taxation  for  a  longer  period  than  12  years, 
from  and  after  the  date  of  the  commencement  of  the 
construction    of   such   railway   or   railways. 

§  3883.     Any  corporation  formed   under   this   Act  may 
be  dissolved  by  judgment  of  the  District  Court  for  the 
county  in   which   its  principal  place  of  business  is  situa- 
ted, upon  its  voluntary  application  for  that  purpose. 
§  3889.    Upon   the  dissolution  of  the  corporation,  the 
1    then  directors   thereof  shall  be  trustees  of  the  property 
I    and  assets  thereof  for  the  benefit  of  creditors  and  stock- 
holders, and  shall  have  full  power  to  wind  up  and  settle 
the  affairs  of  the  corporation,  to  sell  and  convey  its  prop- 
i    erty,  and  convert  the  same  into  money,  and  to  distribute 
the    same   among   the   stockholders    in    proportion   to    the 
amount   of   stock   held    by  them,   and   to   that   end   may 
use  the  name  of  the  corporation  in  all  actions  and  suits, 
if  any  be  necessary,  to  recover  and  reduce  to  possession, 
the  property,  claims,  assets  and  demands  of  the  corpora- 
tion. 

CHAPTER   X.     MORTGAGING    AND    CONSOLIDATING. 

§  3890.     Any    railroad    company    heretofore    or    here- 
after   organized    under    the    laws    of   this    Territory    shall 
have  power  to  borrow  money  and  purchase  property,  real 
:   and    personal,    for    the    use    of    the    corporation,    and    to 
I   mortgage    and    pledge    all    or    any   part    of    its    corporate 
franchises  and   property  in  possession  or  subsequently  to 
'  be  acquired,  as  security   for  the  payment  of  the  money 


so  borrowed  and  for  the  payment  of  the  purchase  money 
for  the  property  so  purchased. 

§  3891.  Any  railroad  company  heretofore  or  here- 
after organized  under  the  laws  of  this  Territory  may  at 
any  time,  by  means  of  subscription  to  the  capital  of  any 
other  company  or  otherwise,  aid  such  company  in  the 
construction  of  Its  railroad  within  or  without  the  Terri- 
tory, for  the  purpose  of  forming  a  connection  with  the 
said  last-mentioned  road  with  the  road  owned  by  the 
company  furnishing  such  aid,  or  any  railroad  organized 
in  pursuance  of  law,  either  within  this  or  any  other  Ter- 
ritory or  State,  may  lease  or  purchase  any  part  or  all 
of  any  railroad  constructed,  owned  or  leased  by  any 
other  company,  upon  such  terms  and  conditions  as  may 
be  agreed  on  between  such  companies,  respectively,  or 
any  two  or  more  railroad  companies  may  enter  into  any 
arrangement  for  their  common  benefit  consistent  with  and 
calculated  to  promote  the  objects  for  which  they  were 
created;  provided,  that  no  such  aid  shall  be  furnished, 
nor  any  purchase,  lease,  subletting  or  arrangements  be 
perfected  until  a  meeting  of  stockholders  of  such  com- 
pany of  this  Territory,  party  to  such  agreement,  shall 
have  been  called  by  the  directors  thereof,  at  such  time 
and  place  and  in  such  manner  as  they  shall  design"ate, 
and  the  holders  of  at  least  two-thirds  of  the  stock  of 
such  company  represented  at  such  meeting,  in  person  or 
by  proxy,  and  voting  thereat,  shall  have  assented  thereto. 

§  3892.  It  shall  and  may  be  lawful  for  any  railroad 
company  or  corporation  organized  under  the  laws  of  this 
Territory,  or  of  this  Territory  and  any  other  Territory 
or  State,  and  operating  a  railroad  or  bridge,  either  wholly 
within,  or  partly  within  and  partly  without  this  Territory, 
to  merge  and  conlolidate  its  capital  stock,  franchises  and 
property  with  the  capital  stock,  fran-chises  and  property 
of  any  other  railroad  company  or  companies  organized 
under  the  laws  of  this  Territory,  or  under  the  laws  of 
this  Territory  and  any  other  Territory  or  State,  when- 
ever the  two  or  more  railroads  of  the  companies  or  cor- 
porations so  to  be  consolidated  shall  or  may  form  a 
continuous  line  of  railroad  with  each  other,  or  by  means 
of   any   intervening   railroad,   bridge   or  ferry. 

§  3897.  Any  corporation  heretofore  or  hereafter 
formed  under  the  laws  of  this  Territory  may  at  any  time 
by  resolution  of  their  stockholders,  at  a  regular  or  special 
meeting,  change  its  corporate  name.  After  said  resolu- 
tion shall  have  been  adopted,  the  president  of  said  com- 
pany or  corporation,  seeking  to  change  its  name,  the 
secretary  thereof,  shall  sign  a  certificate,  attested  with 
the  seal  of  said  company,  which  shall  state,  substantially, 
that  said  company  or  corporation,  by  resolution  duly 
adopted,  agreed  to  change  the  original  corporate  namo 
of  said  corporation,  to  (whatever  name  agreed  on),  and 
under  such  new  corporate  name  such  corporation  pro- 
poses, from  and  after  the  date  of  said  certificate,  to  do, 
carry  on  and  transact  all  business  pertaining  to  said 
corporation,  which  shall  be  filed  in  the  office  of  the  sec- 
retary of  the  Territory,  and  immediately  upon  the  filing 
of  said  certificate  in  the  ofiice  of  the  secretary  afore- 
said, the  name  of  the  corporation  shall  be  changed  tO' 
the  name  set  forth  in  said  certificate. 

CHAPTER  XI.     COUNTY  AID.     Omitted. 
CHAPTER  XII.     PASSENGER  FARES. 

§  3902.  No  railroad  doing  business  In  this  Territory 
shall  charge  more  than  6  cents  per  mile  for  the  trans- 
portation of  any  passenger  with  ordinary  baggage,  not 
exceeding  100  pounds,  and  not  more  than  3  cents  per 
mile  for  children  between  the  ages  of  six  and  12  years; 
and  when  children  under  the  age  of  six  years  are  travel- 
ing with  their  parents,  guardian  or  person  In  charge, 
the  compensation  of  6  cents  per  mile  paid  by  the  parent, 
guardian,  or  person  in  charge  shall  be  taken  as  full  com- 
pensation for  said  parent,  guardian  or  person  In  charge, 
and  children  under  the  age  of  six  years;  provided,  that 
this  Act  is  not  intended  to  apply  to  any  railroad  company 
chartered  by  the  congress  of  the  United  States  whose 
charter  authorizes  the  fares,  tolls  and  charges  for  the 
transportation  of  persons  and  property  to  be  regulated 
by  the  directors  or  other  officer  of  such  company. 

§  3903.  If  any  railroad  company  shall  demand  or 
receive  higher  rates  for  such  transportation  than  are 
established  hy  this  Act,  It  shall  be  deemed  to  have  mis- 
used its  powers,  and  such  railroad  company  shall  forfeit 


940 


National  Association  of  Eailway  Commissioners 


and  pay  to  every  person  from  whom  such  higher  rates 
may  have  been  demanded  or  received  by  it  or  by  its 
agent  or  agents,  the  sum  of  $500,  which  amofint  shall 
be  recovered  by  the  person  from  whom  the  said  higher 
rates  of  transportation  were  demanded  or  received  by  an 
action  of  debt;  provided,  that  the  provisions  of  this  sec- 
tion shall  not  in  any  manner  affect  the  right  of  action  or 
remedy  for  any  claim  for  personal  damages  against  such 
railroad   companies. 

CHAPTER  XIII.     PROTECTION  AGAINST  FIRE. 

Omitted. 

CHAPTER  XIV.   GENERAL  PROVISIONS. 

§  3908.  All  the  powers,  privileges  and  exemptions 
conferred  upon  corporations  organized  under  an  Act  en- 
titled, an  Act  to  provide  for  the  incorporation  of  railroad 
companies  and  the  management  of  the  affairs  thereof, 
and  other  matters  relating  thereto,  §§  3804  to  3889,  are 
hereby  conferred  upon  all  corporations  incorporated 
under  the  laws  of  this  Territory,  for  the  purpose  of  con- 
structing railroads,  and  also  upon  all  corporations  organ- 
ized for  railroad  purposes  that  have  registered  in  the 
office  of  the  secretary  of  this  Territory  the  original,  or 
a  certified  copy  of  their  articles  of  incorporation,  in  ac- 
cordance with  an  Act  entitled,  an  Act  to  amend  an  Act 
entitled,  an  Act  to  create  a  general  incorporation  law, 
permitting  persons  to  associate  themselves  together  as 
bodies  corporate,  for  mining,  manufacturing  and  other 
industrial  pursuits,  and  to  repeal  §  16  of  said  Act,  ap- 
proved January  30,   1868. 

§  3909.  At  least  one-fourth  of  the  directors  of  rail- 
road corporations,  organized  under  the  laws  of  this  Ter- 
ritory, shall  be  residents  of  this  Territory. 

§  3910.  All  contracts  heretofore  made,  or  which  shall 
hereafter  be  made,  between  railroad  companies,  or  be- 
tween any  parties  whatever,  restricting,  or  abridging,  or 
purporting,  or  intending  to  restrict  or  abridge  the  right, 
privilege,  franchise  or  power  of  any  railroad  company  or 
companies  to  build  or  operate  its,  or  their,  road  or  roads, 
or  any  part  thereof,  within  this  Territory,  or  any  part 
thereof,  in  any  direction  or  directions  or  to  any  extent 
whatever;  or  to  make  any  railroad  connections,  or  to 
co-operate  with  any  corporation  or  person  in  any  rail- 
road or  other  business,  or  to  promote  the  construction 
or  operation  of  any  railroad,  or  to  establish  any  parallel 
or  competing  line  or  branch,  or  to  establish  or  pro- 
mote any  competitive  business,  or  to  deal  with  any 
railroad  corporation  or  other  corporation,  firm  or  in- 
dividual, or  to  waive  any  corporate  duty,  object  or 
franchise,  being  contrary  to  public  policy,  are  hereby 
declared  to  be  null,  void  and  inoperative  in  this  Territory; 
and  no  suit,  action  or  proceeding  in  law  or  equity  shall 
be  brought  or  maintained  in  any  court  to  enforce  any 
such  contract,  or  to  recover  damages  for  any  bran'ch  or 
non-performance   thereof. 

§  3911.  No  railroad  company  shall  charge  any  per- 
son, company  or  corporation  for  the  transportation  of 
any  property,  a  greater  sum  than  it  shall  at  the  same 
time  charge  and  collect  from  any  other  person,  company 
or  corporation  for  a  like  service  from  the  same  place, 
and  upon  like  conditions,  and  all  concessions  of  rates, 
drawbacks  and  contracts  for  special  rates  founded  upon 
the  demands  of  commerce  and  transportation  shall  be 
open  to  all  persons,  companies  and  corporations  alike. 

§  3912.  Every  railroad  corporation  shall  receive  all 
freights  and  passengers  offered,  by  coming  to  or  going 
from  the  cars  or  road  of  any  other  railroad  corporation, 
and  shall  transport  the  same  on  the  same  terms,  freights, 
rates,  fares  and  charges  per  mile  as  it  shall  establish 
on  its  own  line  for  its  own  business. 

§  3913.  When  the  track  of  any  railroad  company 
crosses,  or  shall  cross  the  track  of  the  same  gauge  of 
any  other  railroad  company,  either  company  shall  have 
the  right  to  connect  the  tracks  of  the  two  railroads  so 
crossing  so  as  to  admit  of  the  passage  of  cars  from  the 
one  road  to  the  other  with  facility  and  avoid  the  neces- 
sity  of   changing  cars   or   transhipping. 

§  3914.  Whenever  two  or  more  roads  having  the  same 
gauge  shall  establish  depots  within  three  miles  of  each 
other,  said  railroads  shall  connect  their  tracks  so  as  to 
admit  of  the  passage  of  cars  from  the  one  railroad  to 
the  other  with  facility,  and  avoid  the  necessity  of  chang- 
ing cars  or  transhipping,  and  shall  be  required  to  make 


connection  at  each  of  such  depots  without  any  extra 
charge,  the  expense  of  said  connection  to  be  borne  by 
the    railroad    company   last   constructing   their   road. 

§  3915.  When  the  tracks  of  any  two  such  railroad 
companies  connect,  or  shall  connect,  as  aforesaid,  it  shall 
be  the  duty  of  either  company,  when  required,  to  trans- 
port over  its  road  to  their  destination  on  its  road  any 
freights  offered  in  the  cars  in  which  the  same  may  be 
so  offered  at  its  local  rates  per  mile,  as  set  forth  in  the 
said  company's  freight  tariff  or  established  by  its  prac- 
tice, for  the  distance  most  nearly  corresponding,  and  to 
return  the  cars  with  or  without  freight,  as  the  case  may 
be,  without  unnecessary  delay;  provided,  that  nothing 
in  this  section  shall  be  so  construed  as  to  require  any 
railroad  company  to  move  upon  its  road  any  cars  which 
do  not  conform  in  breadth  of  gauge,  and  in  other  sub- 
stantial respects,  to  its  own  cars,  nor  any  that  are  not 
substantially  built  and  in  good  repair. 

§  3916.  Whenever  any  railroad  company  shall  con- 
struct its  line  to  within  3  miles  of  any  county  seat  or 
an  established  town  containing  2,000  or  more  inhabitants, 
such  railroad  company  or  corporation  shall  be  compelled 
to  build  its  main  line  or  a  branch  thereof  to  within  one- 
fourth  of  a  mile  of  the  known  limits  of  such  town  or 
county  seat,  and  shall  'construct  at  such  town  or  county 
seat  the  usual  platform  and  depot  for  the  accommodation 
of  freight  and  passengers;  and  when  a  branch  line  shall 
be  constructed  as  herein  provided,  shall  run  trains  thereon 
making  close  connections  with  trains  on  the  main  line. 

§  3919.  Whenever  any  railroad  equipment  and  rail- 
road stock  shall  hereafter  be  sold,  leased  or  loaned,  on 
the  condition  that  the  title  to  the  same  by  the  vendee, 
lessee  or  bailee  shall  remain  in  the  vendor,  lessor  or 
bailor,  until  the  terms  of  the  contract  as  to  the  payment 
of  the  installments,  amounts  or  rentals  payable,  or  the 
performance  of  other  obligations  hereunder  shall  have 
been  fully  complied  with,  such  contract  shall  be  invalid 
as  to  any  subsequent  judgment  creditor  or  any  subse- 
quent purchaser  for  a  valuable  consideration  without 
notice,   unless; 

1.  That  same  shall  be  evidenced  in  writing  duly 
acknowledged  before  some  person  authorized  by  law  to 
take  acknowledgments  of  deeds. 

2.  Such  writing  shall  be  recorded  in  the  same  book 
as  mortgages  are  recorded  in  the  office  of  tllfe  recorder  of 
deeds  of  the  county  in  which  is  located  the  principal  of- 
fice or  place  of  business  of  such  vendee,  lessee  or  bailee 
within  the  Territory. 

3.  Each  locomotive  or  car  so  sold,  leased  or  loaned 
shall  have  the  name  of  the  vendor,  lessor  or  bailor 
plainly  marked  upon  both  sides  thereof,  followed  by  the 
words.  Owner,  Lessor,  Bailor,  or  Assignee,  as  the  case 
may  be. 

§3920.     This  Act  shall  not  be  held  to  apply  to  or 
validate   any   contract   heretofore   made   of   the   characi 
described  in  the  preceding  section. 

§  3921.  That  any  railroad  company  heretofore 
hereaftei:  incorporated  or  consolidated  or  existing  under 
the  laws  of  this  Territory,  may  construct  and  extend  its 
line  of  railroad  into  or  through  any  other  Territory  or 
State  or  foreign  country  upon  such  terms  and  regulations 
as  may  be  prescribed  by  the  laws  of  such  Territory  tfl  I 
State  or  foreign  country,  and  such  railroad  company  mq|  | 
purchase  or  lease  the  railroad  constructed  or  to  be  con- 
structed, and  other  property  of  any  railroad  company  now 
or  hereafter  existing  under  the  laws  of  this  Territory,  or 
of  any  other  Territory  or  State,  or  of  the  United  States 
or  of  any  foreign  country,  with  all  rights,  powers  and 
franchises  thereto  in  anywise  appertaining  or  belonging, 
or  may  buy  the  stock  and  bonds  or  either  of  them, 
any  such  company,  and  any  railroad  company  now 
hereafter  existing  under  the  laws  of  this  Territory  m; 
with  the  consent  of  the  holders  of  two-thirds  of  its  entire 
capital  stock,  given  by  a  vote  at  a  meeting,  or  in  writing 
without  a  meeting,  sell  or  lease  its  railroad,  lands,  righi  ^ 
franchises,  powers  and  appurtenances  to  any  railroad  o 
poration  organized  under  the  laws  of  this  Territory, 
of  any  other  Territory  or  State  or  foreign  country,  s' 
ject  to  the  restrictions  and  limitations  imposed  by  la' 
upon  railroad  corporations  in  this  Territory.  [As  amended 
by  Act  approved  March  15,  1909.] 

§  3922.  That  whenever  the  railroad  lands  or  other  prop- 
erty of  any  railroad  corporation,  <;reated  by  or  under  any 


ise 

II 


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Mi 

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Public  Sekvick  Laws 


941 


law  of  the  United  States,  or  of  the  Territory  of  New  Mex- 
ico, or  the  part  of  the  railroad,  lands  or  other  property  of 
any  such  corporation  situated  in  such  Territory  of  New 
Mexico,  shall  he  sold  hy  virtue  of  a  mortgage  or  deed  of 
trust,  or  pursuant  to  the  judgment  or  decree  of  any  court 
of  competent  jurisdiction,  or  by  virtue  of  any  execution 
issued  thereon,  the  purchasers  of  any  such  sale  may  ac- 
quire and  become  vested  with  the  property  sold  and  may 
acquire  any  other  property  and  franchises,  rights,  and  pow- 
ers of  such  corporation  in  this  Territory  or  elsewhere. 
Such  purchasers  may  associate  with  themselves  any  num- 
ber of  persons  and  with  their  associates  may  become  a 
corporation  with  power  to  own,  operate,  exercise  and  enjoy 
the  properties,  franchises,  rights,  and  powers  acquired  by 
such  purchasers,  upon  making,  acknowledging  and  filing  in 
the  office  of  the  secretary  of  the  Territory  of  New  Mexico, 
a  certificate  in  which  they  shall  describe,  by  name  and  by 
reference  to  the  charter  or  law  under  which  it  was  organ- 
ized, the  corporation  whose  property  or  part  of  whose  prop- 
erty they  have  acquired,  and  the  court  or  courts  by  whose 
authority  the  sale  was  made,  with  the  date  of  the  judgment 
or  decree,  authorizing  or  directing  the  same,  and  a  brief 
description  of  the  property  sold,  and  also  the  following  par- 
ticulars: ,    J    ,      r, 

1.  The  name  of  the  new  corporation  intended  to  be 
formed  by  the  filing  of  such  certificate. 

2.  The  maximum  amount  of  its  capital  stock  and  the 
number  of  shares  into  which  it  is  divided,  and  specifying 
the  classes  thereof,  whether  common  or  preferred,  and  the 
amount  of  and  rights  pertaining  to  each  class. 

3.  The  number  of  directors,  not  less  than  three  nor 
-  more  than  15,  who  shall  manage  the  affairs  of  the  new  cor- 
poration and  the  names  and  post-office  addresses  of  the 
directors  for  the  first  year.     (See  Laws  1901,  page  27.) 

§  3923.     Such  new  corporation  shall  thereupon  be  vested 
with,  and  shall  be  entitled  to  exercise  and  enjoy,  all  the 
rights,  franchises  and  powers,  which  belong  to  or  could  be 
■exercised   by   the   corporation   whose   property,   or   part   of 
whose  property,  was  acquired  by  such  purchasers,  as  afore- 
said, and  may  acquire  and  enjoy  all  or  any  part  of  the  rail- 
road,  lands  or  other  property  of  such  corporation  in  the 
Territory  of  New  Mexico,  or  elsewhere,  and  may  conduct  its 
business  generally,  under  and  in  the  manner  provided  in 
the  charter  of  such  last  mentioned  corporation,  or  under  the 
laws  relating  thereto,  with  such  variations  In  manner  and 
form   of  organization   as  such   purchasers  and  their  asso- 
riates  may  deem  necessary  and  set  forth  in  such  certificates, 
?iil)ject  to  the  restrictions  and  limitations  imposed  by  law 
upon  railroad  corporations  in  this  Territory,  and  any  such 
orporation  shall  have  the  power  to  issue  and  dispose  of  its 
iipital  stock,  of  the  kind  and  character,  and  of  the  amount 
pf'cifled  in  said  certificate;  and  such  new  corporation  shall, 
n  no  manner,  be  deemed  or  held  liable  for  the  debts,  obli- 
gations or  liabilities  of  the  corporation  whose  property,  or 
I  part  thereof,  it  may  have  acquired,  except  territorial  and 
■ounty  taxes. 

^  3924.     That  such  corporation  shall  be  vested  with  and 
>(,'  entitled  to  possess,  exercise  and  enjoy  any  and  all  rights, 
lanchises  and  powers  which  are  now  given  or  may  here- 
ifter  be  given  to  any  railroad  company  organized  under  the 
;eneral  laws  of  this  Territory,  and  that  such  new  corpora- 
ion,  when  organized  to  purchase,  acquire,  or  take  the  prop- 
rty  of  any  railroad  company  sold  as  aforesaid,  may  lease 
r  purchase  the  railroad  and  other  property  and  franchises 
f  any  railroad  company  organized  under  the  laws  of  the 
nited  States  or  any  State  or  Territory  thereof,  and  there- 
fter  operate  and  maintain  the  same,  or  may  lease  or  sell 
ts  railroad  and   other  property  to  any  railroad  company 
organized  under  the  laws  of  any   State  or  Territory,  sub- 
ect  to   the   restrictions   and   limitations   imposed   by   law 
pen   railroad   corporations   in   this   Territory. 

§  3925.  The  purchasers  at  any  such  sale  as  aforesaid, 
s  described  in  §  3922,  may,  if  they  choose,  sell,  transfer, 
r  assign  all  the  railroads,  lands,  properties,  rights,  fran- 
aises  and  powers  so  purchased  or  acquired  by  them  or  be- 
onging  to  the  corporation  whose  property  or  a  part  of 
i'hose  property  was  so  purchased,  to  a  corporation  of  any 
itate  or  Territory  which  may  be  authorized  by  the  laws  of 
'jch  State  or  Territory,  or  by  its  charter,  to  purchase  or 
bqulre  such  or  similar  property,  and  upon  such  sale,  trans- 
pr  or  assignment  being  made,  such  corporation  to  whom 
lie  same  shall  be  made  shall  become  vested  with  all  of  said 
toperty,  together  with  all  the  rights,  franchises  and  powers 
tiereto  belonging  or  in  anywise  appertaining  to  the  cor- 


poration whose  property  or  a  part  thereof  was  sold,  sub- 
ject to  the  restrictions  and  limitations  imposed  by  law 
upon  railroad  corporations  in  this  Territory,  but  shall  not 
be  deemed  or  held  liable  in  any  manner  for  the  debts,  obli- 
gations or  liabilities,  or  any  of  them,  of  the  corporation 
whose  property  or  a  part  thereof  may  have  been  sold,  except 
territorial  and  county  taxes. 

CHAPTER  XV.  EXPRESS  COMPANIES. 

§  3926.  Any  person,  persons,  joint  stock  association, 
company  or  corporation  incorporated  under  the  laws  of  any 
State,  Territory  or  country,  conveying  to,  from  or  through 
this  Territory,  or  any  part  thereof,  money,  packages,  gold, 
silver  plate,  articles,  goods,  merchandise  or  effects  of  any 
kind  by  express,  on  contract  with  any  railroad  or  stage  or 
other  company,  or  the  managers,  lessees,  agents  or  receiver 
thereof,  not  including  railroad  or  other  companies  engaged 
in  the  ordinary  transportation  of  merchandise  and  property 
in  this  Territory,  shall  be  deemed  to  be  an  express  com- 
pany. 

§  3927.    Every  such  express  company  shall  anuually,  be- 
tween the  first  day  of  April  and  the  first  day  of  May,  make 
and  deliver  to  the  territorial  auditor   a  statement,  verified 
by  the  oath  of  the  officer  or  agent  making  such  report,  show- 
ing the  entire  receipts  for  business  done  within  this  Terri- 
tory, of  each  agent  of  such  company  doing  business  in  this 
Territory  for  the  year  next  preceding  the  first  day  of  April, 
for  and  on  account  of  such  company,  including  its  propor- 
tion of  gross  receipts  for  business  done  by  such  company 
in   connection   with    other   companies;    provided,   that   the 
amount  which  any  express  company  actually  pays  to  the 
railroads,  stages  or  other  companies  within  this  Territory 
for  the  transportation  of  their  freight  within  this  Terri- 
tory, may  be  deducted  from  the  gross  receipts  of  such  com- 
pany as  above  ascertained;  and  provided,  further,  that  said 
amount  paid   to  the  various  railroad,  stage  or  other  com- 
panies  for   transportation   shall   be  Itemized,   showing  the 
amount,  paid  to  each  railroad,  stage  or  other  company;  and 
provided,  further,  that  nothing  herein  contained  shall  re- 
leas.e  such  express  companies  from  the  assessment  and  tax- 
ation of  their  tangible  property  in  the  manner  that  other 
tangible  property   is   assessed   and   taxed.     Such   company 
making  statement  of  such  receipts  shall  include  as  such   all 
sums  earned  or  charged  for  the  business  done  within  this 
Territory    for    such   preceding   year,    whether    actually   re- 
ceived or  not.    Such  statement  shall  contain  an  abstract  of 
the  amount  received  in  each  county  and  the  total  amount 
received   for  all   the  counties.     In   case   of  the   failure  or 
refusal  of  such  express  company  to  make  statement  before 
the  first  day  of  May,  it  shall  then  be  the  duty  of  each  local 
agent  of  such  express  company  within  this  Territory,  an- 
nually, between  the  first  day  of  May  and  the  first  day  of 
June,  to  make  out  and  forward  to  the  State  auditor  a  simi- 
lar verified  statement  of  the  gross  receipts  of  his  agency  fo,- 
the  year  then  next  preceding  the  first  day  of  April.    When 
such  statement  is  made,  such  express  companies  shall,  at 
the  time  of  making  the  same,  pay  into  the  treasury  of  the 
Territory   the  sum   of   $2   on   each   $100   of   such   receipts. 
And    any    such   express   company    failing   or   refusing   for 
more  than  30  days  after  the  first  day  of  June  in  each  year 
to  render  an  accurate  account  of  its  receipts  in  the  manner 
above  provided,  and  to  pay  the  required  tax  thereon,  shall 
forfeit  $100   for   each  additional   day  such   statement  and 
payment  shall  be  delayed,  to  be  recovered  by  an  action  in 
the  name  of  the  Territory  of  New  Mexico,  on  the  relation 
of  the  territorial  auditor,  in  any  court  of  competent  juris- 
diction, and  the  solicitor-general  shall  conduct  such  prose- 
cution;   and   such  company,  corporation  or  association  so 
failing  or  refusing  shall   be  prohibited   from  carrying  on 
said  business  in  this  Territory  until  such  payment  is  made. 
The  territorial  auditor  is  hereby  ordered  to  deposit  in  the 
county  treasury   of  each  county,   half  of  the  amount  re- 
ceived as  taxes  from  said  express  companies,  taking  as  pro 
rata  the  business  done  in  each  county  by  said  company  to 
distribute  said  money.     That  the  amount  shall  be  distrib- 
uted to  the  different  funds  as  now  provided  by  law. 

§  3928.  Every  corporation,  company,  association  or  in- 
dividual transacting  or  doing  an  express  business  in  this 
Territory  on  the  line  of  any  railroad  in  this  Territory  shall 
keep  and  establish  an  agency  and  office  of  business  at  every 
station  on  said  railroad  in  this  Territory  at  which  the  rail- 
road company  may  have  an  agent,  for  the  purpose  of  re- 
ceiving and  delivering  express  matter. 

§  3929.    No  company,  association  or  individual  engaged  ia 


942 


National  Association  of  Eailway  Commissionebs 


the  transaction  of,  or  doing  an  express  business  in  this  ter- 
ritory, shall  charge,  demand  or  receive  for  transportation 
and  delivery  of  any  express  matter  within  the  limits  of  this 
Territory  more  than  one  and  one-half  times  the  ordinary 
and  usual  rate  charged  as  freight  by  the  railroad  companies 
for  the  same  class  of  matter  between  the  same  points 
within  the  limits  of  this  Territory,  when  shipped  as  freight 
in  one  hundred  pounds  or  upwards;  provided,  when  the 
matter  so  transported  by  express  is  as  much  as  50  pounds 
and  less  than  100  pounds,  such  corporation,  association  or 
individual  may  charge  5  per  cent  in  addition  to  the  amount 
above  allowed,  and  when  the  quantity  is  less  than  50 
pounds,  then  such  charges  may  be  increased  to  10  per  cent 
additional,  and  all  individuals,  associations  and  corpora- 
tions shall  have  equal  rights  to  have  their  express  matter 
transported  by  such  companies,  associations  and  individuals 
engaged  in  transacting  and  doing  an  express  business;  but 
in  no  event  shall  any  company,  corporation,  association  or 
individual  be  allowed  to  charge  more  than  the  rate  cEarged 
at  present  by  such  company,  corporation,  association  or 
individual  for  the  same  class  or  kind  of  freight. 

§  3930.  Any  company,  association,  or  individual  or  indi- 
viduals, who  may  violate  any  of  the  provisions  of  this  Act, 
shall,  upon  conviction,  be  deemed  guilty  of  a  misdemeanor, 
and  fined  in  any  sum  not  less  than  $20,  nor  more  than  $200, 
and  for  each  violation  thereof  shall  also  be  liable  to  pay 
to  the  person  aggrieved  or  injured  thereby,  the  sum  of  $50, 
which  may  be  recovered  in  an  appropriate  action,  brought 
by  the  person  aggrieved  or  injured.  On  demand  of  any 
person  aggrieved,  or  of  the  grand  jury,  or  of  any  district 
attorney,  or  solicitor-general,  "every  such  company,  associa- 
tion, corporation,  or  individual,  transacting  or  doing  an 
express  business  in  this  Territory,  shall  furnish  all  of  its 
books  and  accounts,  and  give  all  other  Information  con- 
nected with  its  business  as  to  Its  rates  and  charges  which 
may  be  required,  and  it  shall  be  illegal  for  any  such  com- 
pany, corporation,  association,  or  individual,  to  make  any 
discrimination  in  rates,  or  to  give  or  grant  any  preferences 
in  the  rates  charged  to  any  one  individual  or  pers"bn  over 
another  in  this  territory,  or  to  discriminate  in  favor  of,  or- 
to  make  any  preference  in  its  or  his  rates  in  favor  of  one 
place  or  point  as  against  another;  but  all  rates  shall  be 
uniform  and  in  proportion  to  the  distance  which  express 
matter  may  be  transported,  and  no  such  corporation,  indi- 
vidual, association,  or  company  shall  charge  any  more  for 
expressage  on  any  matter  when  collected  at  the  place  of 
delivery  than  the  lowest  amount  charged  by  it,  or  him, 
or  them,  at  the  point  where  such  express  matter  may  be  re- 
ceived, when  the  charges  on  such  expresp. matter  may  be 
paid  in  advance. 

~TITLE  IX.  CHAPTER  V.    CRIMES  AND  OFFENSES. 

§  1292.  Every  contract  or  combination  between  individ- 
uals, associations  or  corporations,  having  for  its  object  or 
which  shall  operate  to  restrict  trade  or  commerce  or  con- 
trol the  quantity,  price  or  exchange  of  any  article  of  manu- 
facture or  product  of  the  soil  or  mine,  is  hereby  declared  to 
be  illegal. 

Every  person,  whether  as  individual  or  agent  or  officer 
or  stockholder  of  any  corporation  or  association,  who  shall 
make  any  such  contract  or  engage  in  any  such  combina- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding 
$1,000  nor  less  than  $100,  and  by  imprisonment  at  hard  la- 
bor and  not  exceeding  one  year,  or  until  such  fine  has  been 
paid. 

§  1293.  Every  person  who  shall  monopolize  or  attempt 
to  monopolize,  or  combine  or  conspire  with  any  other  per- 
son or  persons  to  monopolize  any  part  of  the  trade  or  com- 
merce of  this  Territory,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  one  year,  or  by  both  said  punishments 
in  the  discretion  of  the  court. 

S 1294.  All  contracts  and  agreements  in  violation  of 
I  I  1292  and  1293  shall  be  void,  and  any  purchaser  of  any 
commodity  from  any  individual,  corporation  or  association 
transacting  business  in  violation  of  this  Act  shall  not  be 
liable  for  the  payment  for  such  commodity. 

TAXATION  OF  SLEEPING  CAR  COMPANIES. 

Se  it  enacted  by  the  legislative  assembly  of  the  Territory  of 
New  Mexico: 

"Sleeping  car  company"  defined.  §  1.  That  any  person 
or  persons,  joint  stock  association  or  corporation  wherever 


organized  or  incorporated,  engaged  in  the  business  of  oper- 
ating sleeping  cars  on  or  over  any  railroad  line  or  lines  in 
whole  or  in  part  within  this  Territory,  whether  such  cars 
be  termed  "sleeping,"  "palace,"  "standard,"  "parlor,"  "din- 
ing" or  "buffet"  car,  or  by  some  other  name,  shall  De 
deemed  a  sleeping  car  company. 

Required  to  make  annual  statement.  §  2.  Every  such 
sleeping  car  company  defined  in  §  1  of  this  Act,  doing  busi- 
ness or  owning  cars  which  are  operated  in  this  Territory, 
shall  make  and  return,  during  the  month  of  April  in  eac'n 
year,  to  the  territorial  auditor,  a  true  statement  under  oath 
of  the  persons  constituting  such  company,  if  a  person,  or 
under  oath  of  the  president,  secretary,  treasurer,  superin- 
tendent or  chief  officer  of  such  association  or  corporation, 
if  an  association  or  corporation,  which  such  statement  shali 
be  in  form  as  may  be  prescribed  by  the  auditor,  but  which 
shall  contain  the  foljowing  facts: 

1.  The  name  of  the  company. 

2.  The  nature  of  the  company,  whether  a  person  or  per- 
sons, or  an  association  or  corporation;  and  under  the  laws 
or  in  what  State  or  Territory  incorporated. 

3.  The  location  of  the  principal  office. 

4.  The  name  and  postofflce  address  of  the  president, 
secretary,  auditor,  treasurer  and  superintendent  or  genen.l 
manager. 

5.  The  name  and  postofflce  address  of  each  officer  cr 
managing  agent  of  the  company  in  New  Mexico,  if  any. 

6.  The  average  number  of  each  class  of  its  cars  usel 
within  this  Territory  during  the  year  ending  March  1,  nest 
preceding  the  making  of  the  return;  the  total  number  cC 
miles  of  railroad  track  within  and  without  this  Territor; , 
over  which  same  are  used,  and  the  total  number  of  miles 
of  railroad  track  over  which  the  same  were  used  withl » 
this  Territory. 

Cars  subject  to  taxation.  §  3.  The  cars  subject  to  tax.  - 
tion  under  the  provisions  of  this  Act  shall  be  the  sam  i 
proportion  of  the  cars  defined  in  the  sixth  subdivision  c  f 
the  preceding  section  as  the  number  of  miles  of  railroa  1 
track  on  which  the  same  were  used  in  this  Territory  uear> 
to  the  number  of  miles  of  railroad  track  on  which  the  ' 
were  used  within  and  without  this  Territory. 

Valuation  fixed.  §  4.  The  valuation  placed  on  such  car  i 
subject  to  taxation  in  this  Territory  is  hereby  fixed  ac 
$5,000  for  each  standard  car  and  $1,500  for  each  tourlEt 
car  of  such  sleeping  car  company,  and  the  rate  of  taxatio  i 
to  be  paid  on  said  valuation  is  hereby  fixed  at  $1.50  fo  • 
each  $100  of  valuation.  One-half  of  the  tax  herein  provide  i 
shall  be  for  the  benefit  of  the  "Territorial  Purpose  Fund  ' 
and  the  other  one-half  shall  be  for  the  benefit  of  the  "Cu:  - 
rent  Expense  Fund"  of  the  counties  through  which  sai  I 
cars  may  run,  and  shall  be  distributed  among  them  by  th  ; 
territorial  treasurer,  in  the  ratio  which  the  number  of  miU  i 
in  any  county  over  which  such  cars  may  run  shall  bear  t  > 
the  whole  number  of  miles  in  this  Territory  over  whic  i 
such  cars  may  run,  and  such  distribution  certified  to  th  ; 
territorial  auditor,  who  shall  issue  his  warrant  to  th  > 
different  county  treasurers  for  the  amount  each  county  i» 
entitled  to  by  said  distribution. 

Form  of  oath.  §  5.  The  form  of  oath  by  which  sai  1 
statement  shall  be  sworn  to  shall  be  in  substance  as- 
follows: 

" ,  being  first  duly  sworn,  upo  i 

his  oath  states  that  he  is  the (state  wheth«  r 

owner  or  agent)  of  (state  name  <  f. 

company   or  name  commonly  used),  which  said    

is  operating  sleeping  cars  in  the  Territory  of  New  Mexico ; 
that  he  is  duly  authorized  to  make  the  foregoing  statemei  t 
for  taxation  in  New  Mexico;  that  he  has  read  the  foregoin? 
statement  and  knows  the  contents  thereof,  and  that  saii 
statement  is  made  up  from  the  official  records  in  the  offi(e- 

of  the  said  at ancf 

is  true  as  shown  by  said  record. 


Sworn  and  subscribed  in  my  presence  this 
of  19... 


I 


Notary  Publn 

Violation'of  statute  a  misdemeanor.  §6.  Every  suci 
sleeping  car  company  designated  by  this  Act  which  shall 
fail  to  comply  with  the  requirements  of  the  same  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof,  before  a  court  of  competent  authority,  shall  ha 
fined  in  the  sum  of  $25  for  each  day  for  which  such  com- 


Public  Service  Laws 


943 


pany  fails  to  make  the  statement  and  pay  the  tax  as 
required  by  the  provisions  of  this  Act,  said  fine  when 
collected  to  be  turned  into  the  funds  designated  in  this 
Act,  and  a  false  report  or  report  improperly  sworn  to  or 
which  omits  anything  herein  required  shall  be  deemed 
for  the  purposes  of  this  Act  no  report,  and  the  tax  herein 
provided  for  may  be  collected  in  the  manner  provided 
by  law   for  the   collection   of  taxes  on   personal   property. 

Penalty  for  making  false  statement.  §  7.  Any  person 
who  shall  make  or  cause  to  be  made  a  false  or  untrue 
statement,  in  whole  or  in  part,  of  the  matters  and  things 
herein  required,  for  the  purpose  of  presenting  or  causing 
same  to  be  presented  to  the  auditor  or  New  Mexico,  or 
who  shall  present  or  cause  to  be  presented  any  such 
false  or  untrue  statement  to  such  auditor,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof 
shall  be  imprisoned  for  not  more  than  three  years,  or 
fined  not  more  than  $5,000,  or  by  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court  trying  the 
same;  and  any  sleeping  car  company,  as  defined  by  this 
Act,  making  or  causing  to  be  made  or  filed  with  such 
auditor,  by  or  through  any  of  its  officers,  employes  or 
agents,  any  such  false  or  untrue  statement  shall,  upon 
conviction  thereof,  be  fined  in  any  sum  not  to  exceed 
$10,000. 

Repeal.  §  8.  Sections  4118,  4119,  4120  and  4121  of  the 
Compiled  Laws  of  New  Mexico  of  1897  are  hereby  re- 
pealed, but  such  repeal  shall  not  operate  to  prevent  the 
collection  of  any  tax  heretofore  assessed  thereunder,  and 
all  Acts  and  parts  of  Acts  in  conflict  herewith  are  hereby 
repealed,  and  this  Act  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

FOREIGN   ROAD  MAY  BUII.D  BRANCHES — 1901. 

Be  it  enacted  hy  the  legislative  assembly  of  the  Territory 
of  New  Mexico: 

Foreign  railroad  may  build  branches.  §  1.  Any  railroad 
company  organized  under  the  laws  of  another  State  or 
Territory,  which,  by  a  compliance  with  the  laws  of  this 
Territory  relating  to  foreign  railroad  companies,  has 
purchased  or  may  purchase  a  line  of  railroad  constructed 
by  another  company  within  this  Territory,  may  extend 
such  line  of  railroad,  and  project  and  build  branches  to 
the  same,  and  sidetracks  and  switches  connecting  there- 
with, and  otherwise  improve  the  same,  and  for  such  pur- 
pose exercise  the  right  of  eminent  domain  to  the  same 
extent  and  in  like  manner  as  may  be  done  by  a  domestic 
railroad   corporation. 

Declaration  to  be  filed.  §  2.  Any  such  railroad  corpora- 
tion, projecting  an  extension  or  branch  of  its  line  of  rail- 
road in  this  Territory,  shall  file  in  the  office  of  the 
secretary  of  the  Territory,  and  with  the  county  clerk  of 
the  county  or  counties  in  which  such  extension  or 
branches  -shall  be  situate,  a  declaration  subscribed  by 
its  president  and  attested  under  its  corporate  seal,  of  its 
intention  to  build  such  extension  or  branch  line,  the 
places  from  and  to  which  it  is  intended  to  construct  the 
same,  and  a  description  of  the  route  as  near  as  may 
■  be;  provided,  however,  that  nothing  herein  contained 
shall  be  deemed  to  exclude  the  jurisdiction  of  this  Ter- 
ritory over  the  control  or  regulation  of  all  railroads 
or  parts  of  the  same  as  are  situate  within  the  boundaries 
of  this   territory. 

In  effect  forthicith.  §  3.  This  Act  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

RIGHT  OF  WAY  OVER  PUBLIC  LAND — 1907. 

Be  it  enacted  by  the  legislative  assembly  of  the  Territory  of 
New  Mexico: 

§  1.  There  is  hereby  created  in  and  for  the  Territory 
Of  New  Mexico  a  territorial  land  office,  to  be  located 
at  the  capitol,  which  shall  have  jurisdiction  over  all  lands 
now  owned  or  hereafter  acquired  by  said  Territory,  either 
by  the  Act  of  congress  approved  June  21,  1898,  or  by  any 
other  law  or  laws  heretofore  or  hereafter  enacted,  and 
the  management  and  control  thereof  in  accordance  with 
the  terms  of  this  Act  and  the  law  or  laws  under  which 
they  have  been,  or  may  be,  acquired. 
«        *        « 

§  30.  The  commissioner  of  public  lands  may  grant 
the  right  of  way  upon  or  across  any  portion  of  the 
territorial  lands,  upon  such  terms  as  he  may  deem  for 
the  best  interests  of  the  Territory,  not  inconsistent  with 


the  provisions  of  this  Act  or  of  the  Act  of  congress 
under  and  by  virtue  of  which  title  to  said  lands  hath 
heretofore  or  may  hereafter  vest  in  the  Territory  of 
New  Mexico,  for  any  ditch,  reservoir,  railroad,  public 
highway,    telegraph    or    telephone    line. 

SELLING   LIQUOR   ON    TRAINS. 

Be  it  enacted  by  the  legislative  assembly  of  the  Territory 
of  New  Mexico: 

Railroad  WMst  take  out  license.  §  1.  That  it  shall  hern- 
after  be  lawful  for  any  railroad  company  to  sell  or 
permit  the  sale  of  intoxicating  liquors  upon  trains  oper- 
ating within  or  continuously  through  this  Territory  by 
such  company,  upon  the  granting  to  any  such  company 
of  a  license   therefor  as  hereinafter  provided. 

And  pay  $200  per  year.  %  2.  Every  such  company, 
or  companies,  having  the  same  general  manager  or 
managing  officer,  whose  lines  form  a  single  through 
passenger  route,  desiring  to  obtain  a  license  for  the 
sale  of  intoxicating  liquors  upon  the  trains  operated 
thereby  entirely  within  or  continuously  through  this 
Territory,  shall  make  application  therefor  in  writing 
to  the  territorial  auditor  and  pay  him  the  sum  of  $200, 
who  shall  thereupon  issue  to  such  company  or  companies 
an  annual  license  for  the  sale  of  such  intoxicating  liquor 
upon  such  trains.  [As  amended  by  Act  approved  March 
16,    1907.] 

Misdemeanor  to  sell  without  license.  §  3.  Any  such 
company  which  shall  sell  or  permit  the  sale  of  intoxicat- 
ing liquors  upon  any  train  operated  over  its  line  of  rail- 
road in  this  Territory  without  having  first  complied  with 
the  provisions  of  this  Act,  shall,  upon  conviction  there- 
of, be  punished  by  a  fine  of  not  less  than  $100  nor  more 
than  $500  for  each  offense,  and  each  such  sale  shall 
constitute   a   separate   offense. 

Proceeds  go  to  school  fund.  §  4.  All  funds  received  by 
the  territorial  auditor  from  such  source  shall  be  by  him 
paid  over  to  the  territorial  treasurer  to  be  converted 
into    the    territorial    school    fund. 

§  5.  This  Act  shall  be  in  full  force  and  effect  from 
and  after  its   passage. 

Approved    March   6,    1907. 

REFUNDING  RAILWAY   AID  BONDS. 

§  1.  That  the  governor,  the  secretary  and  the  treas- 
urer of  the  Territory  of  New  Mexico  be,  and  they  are 
hereby,  created  a  commission  for  the  purpose  of  refund- 
ing the  indebtedness  incurred  by  any  county  of  the 
Territory  of  New  Mexico  in  aid  of  railroad  construction, 
and  are  authorized  and  empowered  to  compromise  and 
adjust  all  such  indebtedness  as  was  recognized  and 
validated  by  the  Act  of  congress  of  the  United  States 
of  1897,  together  with  the  past  due  and  unpaid  coupons 
upon  the  bonds  issued  in  aid  of  such  railroad  construc- 
tion, and  the  interest  upon  such  coupons  and  any  judg- 
ment recovered  for  any  such  past  due  coupons  and  in- 
terest thereon  and  judgments  obtained  on  said  coupons, 
or  any  part  thereof,  whenever  the  owners  of  such  in- 
debtedness may  consent  and  agree  to  such  compromise 
and    the   refunding  of  such   indebtedness. 

Approved  March  18,  1903. 

FELONY  TO  OBSTRUCT  TRACKS 1905. 

An  Act  approved  March  13,  1905,  amends  Code  SS  1150 
and  1159  so  as  to  read  as  follows: 

§  1150.  Any  person  who  shall  place  any  obstruction 
upon  any  railroad  track  of  any  railroad  company  oper- 
ating a  railroad  in  this  territory,  or  displace  any  switch, 
or  break  or  remove  any  railroad,  or  tie,  or  spike  or 
other  thing,  or  excavate  the  roadbed  or  otherwise  in- 
jure or  weaken  the  same,  or  cut  or  in  any  other  manner 
interfere  with  any  bridge,  trestle  or  culvert,  so  as  to 
weaken  or  impair  the  same,  or  do  any  act  with  intent 
to  throw  any  locomotive,  car  or  train  off  such  track,  or 
to  cause  a  collision  between  locomotives,  cars  or  trains, 
or  locomotives,  'cars  or  trains  and  other  obstacles,  or 
do  any  other  act  calculated  to  endanger  the  safety  of 
or  disable  any  locomotives,  cars  or  trains  that  may  be 
upon  or  running  upon  such  track,  shall  be  deemed 
guilty  of  felony,  and,  upon  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  territorial  penitentiary 
for  a  term  of  not  less  than  five  nor  more  than  10 
years;  and  in  case  such  act  or  acts  shall  result  in  the 
injury  to  the  person  of  another,  or  shall  cause  the  death 


944 


National  Association  of  Railway  Commissioners 


«ii 


of  another,  such  person  shall  be  deemed  guilty  of  an 
assault  with  intent  to  commit  murder  or  guilty  of  mur- 
der, as  the  case  may  be,  and,  upon  conviction  thereof, 
shall  be  punished  as  in  other  cases  of  afesault  with  in- 
tent to  commit  murder.  And  any  and  all  persons  who 
shall  combine,  conspire  or  contrive  to  perpetrate  or 
shall  counsel,  aid,  abet  or  assist  in  the  perpetration  of 
any  of  the  offenses  set  forth  in  this  section,  on  con- 
viction thereof,  shall  be  deemed  to  be  principals  and 
punished   as    in    this    section   provided. 

§  1159.  Any  person  or  persons  who  shall  wilfully 
do  or  cause  to  be  done  any  act  or  acts  whatever,  where- 
by any  building,  construction  or  work  of  any  kind,  or 
any  engine,  machine,  or  structure,  or  thing,  or  roadbed 
or  track,  or  anything  appertaining  to  such  track,  or  any 
property  belonging  to  or  appertaining  to  any  railroad 
company  operating  a  railroad  in  this  Territory,  shall  be 
weakened,  injured,  impaired,  obstructed,  stopped  or 
destroyed,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  forfeit  and  pay  to  such 
company  treble  the  amount  of  damages  sustained  by  rea- 
son of  such  act  or  acts,  and  shall  be  fined  not  less  than 
fSOO  or  imprisoned  in  the  county  jail  not  exceeding  six 
months,  or  shall  suffer  both  such  fine  and  imprison- 
ment   in    the    discretion    of    the    court. 

directors'    meetings — STOCK    LIABILITY. 

An  Act  approved  March  9,  1899,  amends  §§  3818  and 
3829  of  the  Compiled  Laws  of  1897,  with  reference  to  rail- 
roads, to  read  as  follows: 

Directors'  meetings;  quorum.  §  3818.  The  directors 
named  in  the  articles  of  incorporation  must  meet  within 
one  week  after  the  filing  of  said  articles  and  organize 
by  the  election  of  the  president,  who  shall  be  one  of 
their  number,  a  secretary  and  a  treasurer;  and  their 
successors  must  so  meet  and  organize  immediately  after 
their  election.  Directors  must  perform  the  duties  en- 
joined upon  them  by  law  and  the  by-laws  of  the  corpora- 
tion. A  majority  of  the  directors  shall  constitute  a 
board  for  the  transactions  (transaction)  of  business,  and 
every  decision  of  a  majority  of  the  directors  forming 
such  board,  made  when  duly  assembled  and  in  session  as 
such  board,  shall  be  valid  as  a  corporate  act. 

Directors  may  meet  outside  the  State.  §  3829.  The 
meetings  of  stockholders  must  be  held  at  the  office  or 
principal  place  of  business  of  the  corporation;  provided, 
that  nothing  in  this  Act  shall  be  construed  to  prevent 
or  prohibit  any  railroad  corporation  from  holding  the 
meetings  of  its  stockholders  or  board  of  directors  at 
the  principal  place  of  business  of  such  corporation  in 
any  other  State  or  Territory  where  a  majority  of  the 
stock  of  such  corporation  is  held  or  owned  therein,  as 
provided  for  in  §  456  of  the  Compiled  Laws  of  1897. 

The  same  Act  amends  §  3846  so  as  to  provide  that 
railroad  companies  shall  have  the  power — "Tenth:  To 
construct  such  branches  from  its  main  line  or  inter- 
mediate branches  as  it  may  from  time  to  time  deem 
necessary  to  increase  its  business  and  accommodate 
the  trade  or  travel  of  the  public." 

The  same  Act  modifies  §  3836  so  as  to  provide  that — 

"No  person  holding  stocVi  as  executor,  guardian  or 
trustee,  or  holding  it  as  collateral  security  or  in  pledge, 
shall    be   personally   subject   to   any   liability   as   a   stock- 


holder of  the  company;  but  the  person  pledging  the 
stock  shall  be  considered  as  holding  the  same,  and 
shall  be  liable  as  a  stockholder  accordingly;  and  the 
estate  and  funds  in  the  hands  of  the  executor,  admin- 
istrator, guardian  or  trustee  shall  be  liable  in  like  man- 
ner to  the  same  extent  as  testator  or  intestate  of  as 
the  ward  or  person  interested  in  the  trust  fund  would 
have  been  if  he  had  been  living  and  competent  to  act 
and  hold  the  stock  in  his  own  hand." 


POWER   TO   nUILD   EXTENSIONS. 


An  Act  approved  March  16,  1907,  amends  the  existini 
statute  so  as  to  provide  that  "any  railroad  company  organ- 
ized under  the  laws  of  this  Territory  shall  also  have  the 
right  to  extend  its  line  of  railroad,  to  project  and  build 
branches,  side  tracks  and  switches,  to  improve  the  same 
and  to  exercise  the  right  of  eminent  domain  in  acquiring 
lands,  right  of  way  and  other  privileges  therefor  to  the 
same  extent  as  provided  by  law  for  the  main  line  of  such 
railroad." 

An  Act  approved  March  21,  1907,  amends  the  existini 
statute  so  as  to  read  as  follows: 

"§  2.  Any  such  railroad  corporation  owning  or  opei 
ating  a  line  of  railroad  in  this  Territory,  projecting  om 
or  more  extensions  or  branches  of  such  line  of  railroai 
in  this  Territory,  shall  file  in  the  office  of  the  secretary 
of  the  Territory,  and  in  the  office  of  the  county  recorder 
of  each  county  through  or  in  which  the  line  of  any  such 
extension  or  branch  shall  be  located,  a  declaration,  sub- 
scribed by  its  president  or  vice-president  and  attested 
under  its  corporate  seal,  of  its  intention  to  construct 
such  extension  or  branch  line,  stating  the  places  from 
and  to  which  it  is  intended  to  build  the  same,  together 
with  a  map  or  plat  showing  the  surveyed  line  or  route 
thereof.  The  filing  of  such  declaration  and  map  or  plat 
shall  entitle  such  railroad  corporation  to  a  prior  right 
to  construct  such  extension  or  branch  line  along  the 
line  or  route  described  therein;  provided,  such  corpora- 
tion shall  commence  construction  within  two  years  after 
date  of  such  filing  in  the  secretary's  office  and  complete 
the  same  within  six  years,  and  provided,  further,  that 
It  shall  comply  with  the  laws  of  the  Territory  for  ac- 
quiring lands  for  right  of  way.  Nothing  in  this  Act 
shall  be  deemed  to  exclude  the  jurisdiction  of  this  Ter- 
ritory over  the  control  of  all  railroads  or  parts  thereof 
situate  within  the  boundaries  of  this  Territory." 


J 


le 
;h 

I 


VALUATION   OF  PUBLIC  UTILITY  PROPERTY. 


il 


An  Act  providing  for  the  equalization  of  taxes  among 
the   counties   of   the   Territory   of   New   Mexico,    approved*  ■ 
March  17,  1903,  contains  the  following:  fl  I 

"§  10.      Nothing    in    this    Act    shall    be    construed    t<>"  " 
in    any    wise    amend    or    modify    §  2635    of   the    Compiled 
Laws  of  1897;    but  the  said  territorial  board  of  equaliza-, 
tion,    when    it,    under    the    provisions    of    §  2635    of    said 
Compiled    Laws,    determines    and    fixes    the    value    upoB 
the   property   belonging  to  railroads,   telegraph,   telephon^ 
and   sleeping   car   companies   doing  business   in   the   Ter 
rltory  of  New  Mexico,  shall  determine  the  value  of  suc^ 
property    as    the    same   exists    and    is    found    in    the    dl: 
ferent  counties   in  this   Territory,   and  the   value  of  suc| 
property    shall    be    credited    to    the    county    wherein    1| 
exists   and   is  found." 


PUBLIC  SERVICE  LAWS  OF  NEW  YORK 


GENERAL— 'ALL.  COUNTIES. 
CHAPTER  480,  ACTS  OF  1910. 

An  Act  in  relation  to  public  service  commissions,  consti- 
tuting chapter  48  of  the  consolidated  laws. 
Became  a  law  June  14,  1910,  with  the  approval  of  the  gov- 
ernor.   Passed,  three-fifths  being  present. 
The  people  of  the  State  of  New  York,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
i  1.    Chapter  429  of  the  Laws  of  1907,  entitled  "An  Act 
to  establish  the  public  service  commissions  and  prescrib- 
ing their  power  and  duties,  and  to  provide  for  the  regu- 
lation and  control  of  certain  public  service  corporations 
and     making     an     appropriation     therefor,"     is     hereby 
amended    and    revised    to    read    as    follows,    and    as    so 


amended  and  revised  to  be  known  as  chapter  48  of  thfj 
consolidated  laws. 

CHAPTER  48  OF  THE  CONSOLIDATED  LAWS. 

THE    PUBLIC    SERVICE    COMMISSIONS    LAW. 

Article   I.     Public   service   commissions;    general   pr 
visions  (§§  1-24). 

Article    II.      Provisions    relating    to    railroads,    stree 
railroads  and  common  carriers  (§§25-40). 

Article  III.  Provisions  relating  to  the  powers  of  th^ 
commissions  in  respect  to  railroads,  street  raiIroad| 
and  common  carriers  (§§  45-59). 

Article  IV.  Provisions  relating  to  gas  and  electrld 
corporations;  regulation  of  price  of  gas  and  electricity 
(§§64-77). 


Public  Sekvice  Laws 


945 


Article  V.  Provisions  relating  to  telegraph  and  tele- 
phone lines  and  corporations  (§§90-103)  added  by  amend- 
ment 1910. 

Article  VI.  Commissions  and  offices  abolished;  saving 
clause;   repeal   (§§120-127). 

ARTICLE  1. 

PtJBLlC   SEBVICE  COMMISSIONS GENERAL  PBOVISIONS. 

51.     Short    title. 

§  2.     Definitions. 

§  3.    Public   service  districts. 

§4.  Commissions  established;  appointment;  removal; 
terms  of  office. 

§  5.     Jurisdiction    of    commissions. 

§  6.    Counsel  to  the  commissions. 

§  7.     Secretary    to    the    commissions. 

§  8.     Additional  officers   and  employes. 

§9.  Oath  of  office;  eligibility  of  commissioners  and 
officers. 

§10.  Offices  of  commissions;  meetings;  official  seal; 
stationery. 

§  11.     Quorum;    powers   of   a   commissioner. 

§12.     Counsel   to   the   commissions;    duties. 

§  13.    Salaries    and    expenses. 

§  14.     Payment   of   salaries   and   expenses. 

§  15.     Certain    acts    prohibited. 

§  16.     Reports    of    commissions. 

§  17.    Certified   copies  of  papers  filed  to  be  evidence. 

§  18.  Fees  to  be  charged  and  collected  by  the  com- 
missions. 

§  19.    Attendance  of  witnesses  and  their  fees. 

§20.  Practice  before  the  commissions;  immunity  of 
witnesses. 

§21.     Court    proceedings;    preference. 

§  22.     Rehearing   before   commission. 

§  23.     Service    and    effect  of    orders. 

§  24.     Actions  to  recover  penalties  or  forfeitures. 

Short  title.  §  1.  This  chapter  shall  be  known  as  the 
"Public  Service  Commissions  Law,"  and  shall  apply  to 
the  public  services  herein  described  and  to  the  commis- 
sions hereby  created. 

Definitions.  §  2.  1.  The  term  "commission,"  when  used 
in  this  chapter,  means  either  public  service  commission 
hereby  created,  which  by  the  terms  of  this  chapter  is 
vested  with  the  power  or  charged  with  the  duty  in 
question. 

2.  The  term  "commissioner,"  when  used  in  this 
chapter,  means  one  of  the  members  of  such  commission. 

3.  The  term  "corporation,"  when  used  in  this  chapter. 
Includes  a  corporation,  company,  association  and  Joint- 
stock   association. 

4.  The  word  "person,"  when  used  in  this  chapter, 
includes  an   individual,  and  a  firm  or  copartnership. 

5.  The  term  "street  railroad,"  when  used  in  this 
chapter,  includes  every  railroad  by  whatsoever  power 
operated,  or  any  extension  or  extensions,  branch  or 
branches  thereof,  for  public  use  in  the  conveyance 
of  persons  or  property  for  compensation,  being  mainly 
upon,  along,  above  or  below  any  street,  avenue,  road, 
highway,  bridge  or  public  place  in  any  city,  village  or 
town,  and  including  all  equipment,  switches,  spurs, 
tracks,  right  of  trackage,  subways,  tunnels,  stations, 
terminals  and  terminal  facilities  of  every  kind  used, 
operated  or  owned  by  or  in  connecton  with  any  such 
street  railroad;  but  the  said  term  "street  railroad," 
when  used  in  this  chapter,  shall  not  include  a  railroad 
constituting  or  used  as  part  of  a  trunk  line  railroad 
system. 

6.  The  term  "railroad,"  when  used  in  this  chapter, 
includes  every  railroad,  other  than  a  street  railroad,  by 
whatsoever  power  operated  for  public  use  in  the  convey- 

j       ance   of   persons   or   property   for   compensation,   with   all 

1       bridges,     ferries,     tunnels,     equipment,     switches,     spurs, 

tracks,    stations    and    terminal    facilities    of    every    kind 

used,   operated   or   owned   by   or   in   connection   with   any 

such  railroad. 

7.  The  term  "street  railroad  corporation,"  when  used 
I  in  this  chapter,  includes  every  corporation,  company, 
•|  association,  joint-stock  association,  partnership  and  per- 
son, their  lessees,  trustees  or  receivers  appointed  by 
any  court  whatsoever,  owning,  operatng  or  managing 
any  street  railroad  or  any  cars  or  other  equipment 
used  thereon  or  in  connection  therewith. 


8.  The  term  "railroad  corporation,"  when  used 
in  this  chapter,  includes  every  corporation,  company, 
association,  joint-stock  association,  partnership  and  per- 
son, their  lessees,  trustees  or  receivers  appointed  by 
any  court  whatsoever,  owning,  operating  or  managing 
any  railroad  or  any  cars  or  other  equipment  used  thereon 
or  in  connection  therewith. 

9.  The  term  "common  carrier,"  when  used  in  this 
chapter,  includes  all  railroad  corporation,  street  railroad 
corporations,  express  companies,  car  companies,  sleeping- 
car  companies,  freight  companies,  freight-line  companies, 
and  every  corporation,  company,  association,  joint-stock 
association,  partnership  and  person,  their  lessees,  trus- 
tees or  receivers  appointed  by  any  court  whatsoever, 
owning,  operating  or  managing  any  such  agency  for 
public  use  in  the  conveyance  of  persons  or  property 
within  this  State;  but  the  said  term  common  carrier 
when  used  in  this  chapter  shall  not  include  an  ex- 
press company  unless  the  same  is  operated  wholly 
or  in  part  upon,  or  in  connection  with  a  railroad  or 
street  railroad. 

10.  The  term  "gas  plant,"  when  used  in  this  chapter, 
includes  all  real  estate,  fixtures  and  personal  property 
operated,  owned,  used  or  to  be  used  for  or  in  connection 
with  or  to  facilitate  the  manufacture,  distribution,  sale  or 
furnishing  of  gas  (natural  or  manufactured)  for  light, 
heat  or   power. 

11.  The  term  "gas  corporation,"  when  used  in  this 
chapter,  includes  every  corporation,  company,  associa- 
tion, joint-stock  asfociation,  partnership  and  person, 
their  lessees,  trustees  or  receivers  appointed  by  any 
court  whatsoever,  owning,  operating  or  managing  any 
gas  plant  except  where  gas  is  made  or  produced  and 
distributed  by  the  maker  on  or  through  private  property 
solely  for  its  own  use  or  the  use  of  its  tenants  and  not 
for   sale   to   others. 

12.  The  term  "electric  plant,"  when  used  in  this 
chapter,  includes  all  real  estate,  fixtures  and  personal 
property  operated,  owned,  used  or  to  be  used  for  or  in 
connection  with  or  to  facilitate  the  generation,  trans- 
mission, distribution,  sale  or  furnishing  of  electricity 
for  light,  heat  or  power;  and  any  conduits,  ducts 
or  other  devices,  materials,  apparatus  or  property  for 
containing,  holding  or  carrying  conductors  used  or  to  be 
used  for  the  transmission  of  electricity  for  light,  heat 
or  power. 

13.  The  term  "electrical  corporation,"  when  used 
In  this  chapter,  includes  every  corporation,  company, 
association,  joint-stock  association,  partnership  and  person, 
their  lessees,  trustees  or  receivers  appointed  by  any  court 
whatsoever  (other  than  a  railroad  or  street  railroad  cor- 
poration generating  electricity  solely  for  railroad  or  street 
railroad  purposes  or  for  the  use  of  its  tenants  and  not  for 
sale  to  others)  owning,  operating  or  managing  any  elec- 
tric plant  except  where  electricity  is  generated  or  dis- 
tributed by  the  producer  solely  on  or  through  private 
property  for  railroad  or  street  railroad  purposes  or  for 
its  own  or  the  use-  of  its  tenants  and  not  for  sale  to 
others. 

14.  The  term  "transportation  of  property,"  when 
used  in  this  chapter,  includes  any  service  in  connection 
with  the  receiving,  delivery,  elevation,  transfer  in  transit, 
ventilation,  refrigeration,  icing,  storage  and  handling  of 
the   property  transported. 

15.  The  term  "line,"  when  used  in  this  chapter, 
includes   "route." 

16.  The  term  "municipality,"  when  used  In  this 
chapter,  includes  a  city,  village,  town  or  lighting  dis- 
trict, organized  as  provided  by  a  general  or  special 
Act. 

17.  The  term  "telephone  corporation,"  when  used  in 
this  chapter,  includes  every  corporation,  company,  associa- 
tion, joint  stock  association,  partnership  and  person,  their 
lessees,  trustees  or  receivers  appointed  l^y  any  court  what- 
soever, owning,  operating  or  managing  any  telephone  line 
or  part  of  telephone  line  used  in  the  conduct  of  the  business 
of  affording  telephonic  communication  for  hire;  excepting, 
however,  any  corporation,  company,  association,  joint  stock 
association,  partnership  or  person,  their  lessees,  trustee* 
or  receivers  having  property  actually  used  in  the  public 
service  within  the  State  of  a  value  not  exceeding  flO,000, 
or  which  do  not  operate  the  business  of  affording  telephonic 
communication  for  profit. 

18.  The  term  "telephone  line,"  when  used  in  this  chap- 


946 


National  Association  of  Eailway  Commissioners 


ter,  includes  conduits,  ducts,  poles,  wires,  cables,  cross- 
arms,  receivers,  transmitters,  instruments,  machines,  appli- 
ances and  all  devices,  real  estate,  easements,  apparatus, 
property  and  routes  used,  operated  or  owned  by  any  tele- 
phone corporation  to  facilitate  the  business  ol  affording 
telephonic  communication. 

19.  The  term  "telegraph  corporation,"  when  used  in 
this  chapter,  includes  every  corporation,  company,  associa- 
tion, joint  stock  association,  partnership  and  person,  their 
lessees,  trustees  or  receivers  appointed  by  any  court  what- 
Bover,  owning,  operating  or  managing  any  telegraph  line 
or  part  of  telegraph  line  used  in  the  conduct  of  the  busi- 
ness of  affording  for  hire  communication  by  telegraph. 

20.  The  term  "telegraph  line,"  when  used  in  this  chap- 
ter. Includes  conduits,  ducts,  poles,  wires,  cables,  cross- 
arms,  instruments,  machines,  appliances  and  all  devices, 
real  estate,  easements,  apparatus,  property  and  routes 
used,  operated  or  owned  by  any  telegraph  corporation  to 
facilitate  the  business  of  affording  communication  by  tele- 
graph. 

Public  service  districts.  §  3.  There  are  hereby  created 
two  public  service  districts,  to  be  known  as  the  first 
district  and  second  district.  The  first  district  shall 
include  the  counties  of  New  York,  Kings,  Queens  and 
Richmond.  The  second  district  shall  include  all  other 
counties   of   the   State. 

Commissions  established  —  Appointment  —  Removal — 
Terms  of  offlce.  §  4.  There  shall  be  a  public  service  com- 
mission for  each  district,  and  each  commission  shall  possess 
the  powers  and  duties  hereinafter  specified,  and  also 
all  powers  necessary  or  proper  to  enable  it  to  carry 
out  the  purposes  of  this  chapter.  The  commission  of 
the  first  district  shall  consist  of  five  members  and  the 
commission  of  the  second  district  shall  consist  of  five 
members  to  be  appointed  by  the  governor,  by  and  with  the 
advice  and  consent  of  the  senate,  one  of  whom  designated 
by  the  governor  shall,  during  his  term  of  office,  be  the 
chairman  of  the  commission  of  which  he  is  a  member. 
Each  commissioner  shall  be  a  resident  of  the  district 
for  which  he  is  appointed. 

The  governor  may  remove  any  commissioner  for  in- 
efficiency, neglect  of  duty  or  misconduct  in  office,  giving 
to  him  a  copy  of  the  charges  against  him,  and  an  oppor- 
tunity of  being  publicly  heard  in  person  or  by  counsel 
In  his  own  defense,  upon  not  less  than  10  days'  notice. 
It  such  commissioner  shall  be  removed  the  governor 
shall  file  in  the  offlce  of  the  secretary  of  State  a  com- 
plete statement  of  all  charges  made  against  such  com- 
missioner, and  his  findings  thereon,  together  with  a 
complete  record  of  the  proceedings. 

Of  the  members  of  the  commission  in  each  district 
first  appointed  hereunder,  one  shall  hold  office  until 
February  1,  1910,  one  until  February  1,  1911,  one  until 
February  1,  1912  and  one  until  February  1,  1913;  the 
term  of  office  of  each  commissioner  so  appointed  shall 
begin  on  the  first  day  of  July,  1907.  Upon  the  expiration  of 
each  of  such  terms,  the  term  of  efflce  of  each  commis- 
sioner thereafter  appointed  shall  be  five  years  from  the 
first  of  February.  Vacancies  shall  be  filled  by  appoint- 
ment for  the  unexpired  term. 

Jurisdiction  of  commissions.  §  5.  1.  The  jurlBdiction, 
supervision,  powers  and  duties  of  the  public  service 
commission  in  the  first  district  shall  extend  under 
this  chapter: 

a.  To  railroads  and  street  railroads  lying  exclusively 
within  that  district,  and  to  persons  or  corporations  own- 
ing,  leasing  or  operating  the  same; 

b.  To  street  railroads  any  portion  of  whose  lines 
lies  within  that  district,  to  all  transportation  of  persons 
or  property  thereon  within  that  district  or  from  a  point 
within  either  district  to  a  point  within  the  other  district, 
and  to  the  persons  or  corporations  owning,  operating  or  leas- 
ing the  said  street  railroads;  provided,  however,  that  the 
commission  for  the  second  district  shall  have  jurisdiction 
over  such  portion  of  the  lines  of  said  street  railroads  as  lies 
within  the  second  district,  and  over  persons  or  corpo- 
rations owning,  operating  or  leasing  the  same,  so  far 
as  concerns  the  construction,  maintenance,  stationary 
equipment,  terminal  facilities,  stations  and  local  trans- 
portation facilities  of  said  street  railroads  within  the 
second  district; 

c.  To  such  portion  of  the  lines  of  any  other  railroad 
as  lies  within  that  district,  and  to  the  person  or  corpora- 
tion   owning,    leasing   or    operating   the    same,    so    far   as 


concerns  the  construction,  maintenance,  stationary  equip- 
ment, terminal  facilities,  stations  and  local  transpor- 
tation facilities,  and  local  transportation  of  persons  or 
property  within   that  district. 

d.  To  any  common  carrier  other  than  a  railroad  cor- 
poration or  street  railroad  corporation  operating  or  doing 
business  within  that  district,  so  far  as  concerns  opera- 
tions  exclusively   within   that   district; 

e.  To  the  manufacture,  sale  or  distribution  of  gas 
and  electricity  for  light,  heat  or  power  in  the  first  dis- 
trict, to  gas  plants  and  to  electric  plants  therein,  and  to 
the  persons  or  corporations  owning,  leasing  or  operating 
the  same. 

2.  And  in  addition  thereto,  the  commisson  in  the 
first  district  shall  have  and  exercise  all  powers  hereto- 
fore conferred  upon  the  board  of  rapid  transit  railroad 
commissioners  under  chapter  4  of  the  laws  of  1891, 
entitled  "An  Act  to  provide  for  rapid  transit  railwayu 
in  cities  of  over  1,000,000  inhabitants,"  and  the  Acts 
amendatory  thereof,  together  wth  such  other  and  neces- 
sary powers  as  may  be  requisite  to  the  efficient  per- 
formance of  the  duties  imposed  upon  said  board  by  said 
Act. 

2.  All  jurisdiction,  supervision,  powers  and  dutiesj 
under  this  chapter  not  specifically  granted  to  the  pub- 
lic service  commission  of  the  first  district  shall  be  vested 
in,  and  be  exercised  by,  the  public  service  commission 
of  the  second  district,  including  the  regulation  and  con- 
trol of  all  transportation  of  persons  or  property,  and  thii 
instrumentalities  connected  with  such  transportation, 
on  any  railroad  other  than  a  street  railroad  from  a  poin, 
within  either  district  to  a  point  within  the  other  dis- 
trict. 

4.    A    corporation    or    person    owning    or    holding    i. 
majority  of  the  stock  of  a  common  carrier,  gas  corpora- 
tion  or   electrical   corporation   subject  to  the  jurisdictioi 
of  the  commission  shall  be  subject  to  the  supervision  o 
the  same  commission  in  respect  of  the  relations  betweei. 
such     common     carrier,     gas     corporation     or     electrical 
corporation    and    such    owners    or    holders    of   a   majorit: 
of   the    stock    thereof    in   so   far   as   such    relations    arisi 
from    or    by    reason    of    such    ownership    or    holding    o 
stock    thereof   or    the    receipt   or   holding   of    any    mone; 
or  property  thereof  or  from  or  by  reason  of  any  contrac 
between  them;    and  in   respect  of  such  relations  shall  ii 
like    manner   and    to    the    same   extent   as    such    commoi. 
carrier,     gas     corporation     or     electrical     corporation     b  - 
subject   to    examination   of   accounts,   records   and   memc 
randa,    and    shall    furnish    such    reports    and    informatio: 
as    the    commission   shall   from   time   to   time   direct   anil 
require,    and    shall    be   subject    to    like   penalties   for   d« 
fault  therein. 

Jurisdiction  over  telephone  lines.  5.  The  jurisdictioi , 
supervision,  powers  and  duties  of  the  public  service  con  ■ 
mission  in  the  second  district  shall  extend,  under  thi ) 
chapter,  to  every  telephone  line  which  lies  wholly  withi  i 
the  State  of  New  York  and  that  part  within  the  State  ct 
New  York  of  every  telephone  line  which  lies  partly  withi  i 
and  partly  without  the  State  of  New  York  and  to  the  pei  - 
sons  or  corporations  owning,  leasing  or  operating  an' 
such  telephone  line. 

Jurisdiction  over  telegraph  lines.  6.  The  jurisdictioi , 
supervision,  powers  and  duties  of  the  public  service  con  - 
mission  in  the  second  district  shall  extend,  under  this 
chapter,  to  every  telegraph  line  which  lies  wholly  with!  i 
the  State  of  New  York  and  that  part  within  the  State  ct 
New  York  of  every  telegraph  line  which  lies  partly  withi:  i 
and  partly  without  the  State  of  New  York  and  to  the  pe :- 
sons  or  corporations  owning,  leasing  or  operating  any  sue  a. 
telegraph  line. 

Jurisdiction  over  certain  corporations.  7.  Corporafl 
formed  to  acquire  property  or  to  transact  business  wn 
would  be  subject  to  the  provisions  of  this  chapter,  and 
corporations  possessing  franchises  for  any  of  the  purposo 
contemplated  by  this  chapter,  shall  be  deemed  to  be  subj&t 
to  the  provisions  of  this  chapter,  although  no  property  msy 
have  been  acquired,  business  transacted  or  franchises 
exercised. 

Counsel  to  the  commissions.  §  6.  Each  commlssicn 
shall  appoint  as  counsel  to  the  commission  an  attorney 
and  counselor-at-law  of  the  State  of  New  York,  who  shall 
hold  offlce  during  the  pleasure  of  the  commission.  Each 
counsel  to  the  commission  shall,  subject  to  the  approval 


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Public  Service  Laws 


947 


of  the  commission,  have  the  power  to  appoint,  and  at 
pleasure  remove,  attorneys  and  counselors-at-law,  to 
assist  him  in  the  performance  of  his  duties,  and  also 
to  employ  and  remove  stenographers  and  process  servers. 
Secretary  to  the  commissions.  §  7.  Each  commission 
shall  have  a  secretary  to  be  appointed  by  it  and  to 
hold  office  during  its  pleasure.  It  shall  be  the  duty  of 
the  secretary  to  keep  a  full  and  true  record  of  all 
proceedings  of  the  commission,  of  all  books,  maps,  docu- 
ments and  papers  ordered  filed  by  the  commission  and 
of  all  orders  made  by  a  commissioner  and  of  all  orders 
made  by  the  commission  or  approved  and  confirmed 
by  it  and  ordered  filed,  and  he  shall  be  responsible  to 
the  commission  for  the  safe  custody  and  preservation 
of  all  such  documents  at  its  office.  Under  the  direction 
of  the  commission  the  secretary  shall  have  general 
charge  of  its  office,  superintend  its  clerical  business  and 
perform  such  other  duties  as  the  commission  may  pre- 
scribe. ■  He  shall  have  power  and  authority  to  administer 
oaths  in  all  parts  of  the  State,  so  far  as  the  exercise  of 
such  power  is  properly  incidental  to  the  performance 
of  his  duty  or  that  of  the  commission.  The  secretary 
shall  designate  from  time  to  time,  one  of  the  clerks 
appointed  by  the  commission  to  perform  the  duties 
of  secretary  during  his  absence  and,  during  such  time, 
the  clerk  so  designated  shall  at  the  office  possess  the 
powers  of  the  secretary  of  the  commission. 

Additional  officers  and  employes.  §  8.  Each  commission 
shall  have  power  to  employ,  during  its  pleasure,  such 
officers,  clerks,  inspectors,  experts  and  employes  as  It 
may  deem  to  he  necessary  to  carry  out  the  provisions  of 
this  chapter,  or  to  jerform  the  duties  and  exercise  the 
powers  conferred  by  law  upon  the  commission. 

Oath  of  office — Eligibility  of  commissioners  and  officers. 
i  9.  Each  commissioner  and  each  person  appointed  to 
office  by  a  commission  or  by  counsel  to  a  commission 
shall,  before  entering  upon  the  duties  of  his  office,  take 
and  subscribe  the  constitutional  oath  of  office.  The 
oaths  of  office  other  than  those  of  a  commissioner,  the 
counsel  and  secretary  shall  be  filed  in  the  office  of  the 
commission.  No  person  shall  be  eligible  for  appointment 
or  shall  hold  the  office  of  commissioner  or  be  appointed 
by  a  commission  or  by  counsel  to  a  commission  to,  or 
hold,  any  office  or  position  under  a  commission,  who 
holds  any  official  relation  to  any  person  or  corporation 
subject  to  the  supervision  of  either  commission,  or 
who  owns  stocks  or  Iwnds  of  any  such  corporation. 

Offices  of  commissions — Meeting — Officials  seal — Station- 
ery, etc.  §  10.  1.  The  principal  office  of  the  commission 
of  the  first  district  shall  be  in  the  borough  of  Man- 
hattan, city  of  New  York;  and  the  office  of  the  second 
district  shall  be  in  the  city  of  Albany,  in  rooms  desig- 
nated by  the  trustees  of  public  buildings.  Each  commis- 
sion shall  hold  stated  meetings  at  least  once  a  month 
during  the  year  at  its  office.  Each  sahll  have  an  official 
seal  to  be  furnished  and  prepared  by  the  secretary  of 
State  as  provided  by  law.  The  offices  shall  be  supplied 
with  all  necessary  books,  maps,  charts,  stationery,  office 
furniture,  telephone  and  telegraph  connections  and  all 
other  necessary  appliances,  to  be  paid  for  in  the  same 
manner  as  other  expenses  authorized  by  this  chapter. 

2.  The  offices  of  each  commission  shall  be  open 
for  business  between  the  hours  of  8  o'clock  in  the  morn- 
ing and  11  o'click  at  night  every  day  in  the  year,  and 
one  or  more  responsible  persons,  to  be  designated  by 
the  commission  or  by  the  secretary  under  the  direction 
of  the  commission,  shall  be  on  duty  at  all  times  in  im- 
mediate  charge   thereof. 

Quorum — Pow,ers  of  a  commissioner.  §  11.  A  majority 
of  the  commissioners  shall  constitute  a  quorum  for  the 
transaction  of  any  business,  for  the  performance  of  any 
duty  or  for  the  exercise  of  any  power  of  the  commission, 
and  may  hold  meetings  of  the  commission  at  any  time 
or  place  within  the  State.  Any  investigation,  inquiry  or 
hearing  which  either  commission  has  power  to  undertake 
or  to  hold  may  be  undertaken  or  held  by  or  before  any 
commissioner.  All  investigations,  Inquiries,  hearings 
and  decisions  of  a  commissioner  shall  be  and  be  deemed 
to  be  the  investigations,  inquiries,  hearings  and  decisions 
of  the  commission  and  every  order  made  by  a  commis- 
sioner, when  approved  and  confirmed  by  the  commission 
•and  ordered  filed  in  its  office,  shall  be  and  be  deemed 
I  to  be  the  order  of  the  commission. 


Counsel  to  the  commission — Duties.  §  12.  It  shall  be 
the  duty  of  counsel  to  a  commission  to  represent  and 
appear  for  the  people  of  the  State  of  New  York  and  the 
commission  in  all  actions  and  proceedings  involving 
any  question  under  this  chapter,  or  within  the  jurisdic- 
tion of  the  commission  under  the  railroad  law,  or  under 
or  in  reference  to  any  act  or  order  of  the  commission, 
and,  if  directed  to  do  so  by  the  commission,  to  inter- 
vene, if  possible,  in  any  action  or  proceeding  in  which 
any  such  question  is  invilved;  to  commence  and  prose- 
cute all  actions  and  proceedings  directed  or  authorized 
by  the  commission,  and  to  expedite  in  every  way  possi- 
ble final  determination  of  all  such  actions  and  proceed- 
ings; to  advise  the  commission  and  each  commissioner 
when  so  requested  in  regard  to  all  matters  in  connection 
with  the  powers  and  duties  of  the  commission  and  of 
the  members  thereof,  and  generally  to  perform  all  duties 
and  services  as  attorney  and  counsel  to  the  commis- 
sion which  the  commission  may  reasonably  require  of 
him. 

Salaries  and  expenses.  §  13.  The  annual  salary  of  each 
commissioner  shall  be  $15,000.  The  annual  salary  of 
counsel  to  a  commission  shall  be  $10,000.  The  annual 
salary  of  a  secretary  to  a  commission  shall  be  $6,000. 
All  officers,  clerks,  inspectors,  experts  and  employes 
of  a  commission,  and  all  persons  appointed  by  the  coun- 
sel to  a  commission,  shall  receive  the  compensation 
fixed  by  the  commission.  The  commissioners,  counsel  to 
the  commission  and  the  secretary,  and  their  officers, 
clerks,  inspectors,  experts  and  other  employes,  shall 
have  reimbursed  to  them  all  actual  and  necessary  trav- 
eling expenses  and  disbursements  incurred  or  made  by 
them   in   the   discharge   of  their  official  duties. 

Payments  of  salaries  and  expenses.  §  14.  1.  The  salar- 
ies of  the  commissioners,  the  counsel  to  the  commission, 
and  the  secretary  to  the  commission  in  the  first  district 
shall  be  audited  and  allowed  by  the  State  comptroller, 
and  paid  monthly  by  the  State  treasurer  upon  the  order 
of  the  comptroller  out  of  the  founds  provided  therefor. 
All  other  salaries  and  expenses  of  the  commission  of 
the  first  district  shall  be  audited  and  paid  as  follows: 
The  board  of  estimate  and  apportionment  of  the  city 
of  New  York,  or  other  board  or  public  body  on  which 
is  imposed  the  duty  and  in  which  is  vested  the  power 
of  making  appropriations  of  public  moneys  for  the 
purposes  of  the  city  government  shall,  from  time  to 
time,  on  requisition  duly  made  by  the  public  service 
commission  of  the  first  district,  appropriate  such  sum 
or  sums  of  money  as  may  be  requisite  and  necessary 
to  enable  ti  to  do  and  perform,  or  cause  to  be  done  and 
performed,  the  duties  in  this  or  in  any  other  Act  pre- 
scribed, and  to  provide  for  the  expenses  and  the  com- 
pensation of  the  employes  of  such  commission,  and 
such  appropriation  shall  be  made  forthwith  upon  pre- 
sentation of  a  requisition  from  the  said  commission, 
which  shall  state  the  purpose  for  which  such  moneys  are 
required  by  it.  In  case  the  said  board  of  estimate  and 
apportionment,  or  such  other  board  or  public  body, 
fail  to  appropriate  such  amount  as  the  said  commission 
deems  requisite  and  necessary,  the  said  commission 
may  apply  to  the  appelate  division  of  the  Supreme  Court 
in  the  first  department,  on  notice  to  the  board  of 
estimate  and  apportionment  or  such  other  board  or 
public  body  aforesaid,  to  determine  what  amount  shall 
be  appropriated  for  the  purposes  so  required  and  the 
decision  of  said  appelate  division  shall  be  final  and 
conclusive;  and  the  city  shall  not  be  liable  for  any 
indebtedness  incurred  by  the  said  commission  in  excess 
of  such  appropriation  or  appropriations.  It  shall  be 
the  duty  of  the  auditor  and  comptroller  of  said  city, 
after  such  appropriation  shall  have  been  duly  made,  to 
audit  and  pay  the  proper  expenses  and  compensation 
of  the  employes  of  said  commission  other  than  its 
counsel  and  secretary,  upon  vouchers  therefor,  to  be 
furnished  by  the  said  commission,  which  payments  shall 
be  made  in  like  manner  -as  payments  are  now  made  by 
the  auditor,  comptroller  or  other  public  officers  of  claims 
against  and  demands  upon  such  city;  and  for  the  pur- 
pose of  providing  funds  with  which  to  pay  the  said 
suras,  the  comptroller  or  other  chief  financial  officer 
of  said  city,  is  hereby  authorized  and  directed  to  issue 
and  sell  revenue  bonds  of  such  city  in  anticipation  of 
receipt  of  taxes  and  out  of  the  proceeds  of.  such  bonds 


948 


National  Association  of  Eailway  Commissioners 


to  make  the  peyments  in  this  section  required  to  be 
made.  The  amount  necessary  to  pay  the  principal  and 
interest  of  such  bonds  shall  be  included  in  the  estimates 
of  moneys  necessary  to  be  raised  by  taxation  to  carry 
on  the  business  of  said  city,  and  shall  be  made  a  part 
of  the  tax  levy  for  the  year  next  following  the  year  in 
which  such  appropriations  are  made.  The  said  comp- 
troller shall  pay  the  proper  salaries  and  thfe  expenses 
of  the  said  commission  upon  its  requisition,  for  the 
remainder  of  the  fiscal  year  after  July  1,  1907,  from 
any  funds  that  may  have  been  heretofore  appropriated 
for  the  board  of  rapid  transit  railroad  commissioners, 
which  appropriation  is  hereby  transferred  to  the  credit 
of  the  public  service  commission  of  the  first  district. 
In  case  the  said  appropriation  shall  not  be  sufficient  to 
meet  such  salaries  and  expenses,  the  comptroller  of 
said  city  is  hereby  authorized  and  directed  to  issue  and 
sell  revenue  oonds  of  said  city,  in  anticipation  of  re- 
ceipt of  taxes,   as   hereinbefore   provided. 

2.  All  salaries  and  expenses  of  the  commisssion  in 
the  second  district  shall  be  audited  and  allowed  by 
the  State  comptroller  and  paid  monthly  by  the  State 
treasurer  upon  the  order  of  the  comptroller,  out  of 
the  funds  provided  therefor. 

Certain  acts  prohibited.  §  15.  Every  commissioner,  coun- 
sel to  a  commission,  the  secretary  of  a  commission,  and 
every  person  employed  or  appointed  to  ofiice,  either  by  a 
commission  or  by  the  counsel  to  a  commission,  is  hereby 
forbidden  and  prohibited  to  solicit,  suggest,  request  or  rec- 
ommend, directly  or  Indirectly,  to  any  corporation  or  per- 
son subject  to  the  supervision  of  either  commission,  or  to 
any  officer,  attorney,  agent  or  employe  thereof,  the  appoint- 
ment of  any  person  to  any  office,  place,  position  or  em- 
ployment. And  every  such  corporation  and  person,  and 
every  officer,  attorney,  agent  and  employe  thereof,  is 
hereby  forbidden  and  prohibited  to  offer  to  any  commis- 
sioner, to  counsel  to  a  commission,  to  the  secretary  thereof, 
or  to  any  person  employed  by  a  commission  or  by  the 
counsel  to  a  commission,  any  office,  place,  appointment  or 
position,  or  to  offer  or  give  to  any  commissioner,  to  coun- 
sel to  a  commission,  to  the  secretary  thereof,  or  to  any 
officer  employed  or  appointed  to  office  by  the  commission 
or  by  the  counsel  to  the  commission,  any  free  pass  or  trans- 
portation or  any  reduction  in  fare  to  which  the  public  gen- 
erally are  not  entitled  or  free  carriage  for  property  or  any 
present,  gift  or  gratuity  of  any  kind.  If  any  commissioner, 
counsel  to  a  commission,  the  secretary  thereof  or  any  per- 
son employed  or  appointed  to  office  by  a  commission  or  by 
counsel  to  a  commission,  shall  violate  any  provision  of 
this  section  he  shall  be  removed  from  the  office  held  by 
him.  Every  commissioner,  counsel  to  the  commission,  the 
secretary  thereof  and  every  person  employed  or  appointed 
to  office  by  the  commission  or  by  counsel  to  the  commis- 
sion, shall  be  and  be  deemed  to  be  a  public  officer. 

Reports  of  commissions.  §  16.  1.  All  proceedings  ol 
each  commission  and  all  documents  and  records  in  its  pos- 
session shall  be  public  records,  and  each  commission  shall 
make  an  annual  report  to  the  legislature  on  or  before  the 
second  Monday  of  January  in  each  year,  which  shall  con- 
tain copies  of  all  orders  issued  by  it,  and  any  information 
in  the  possession  of  the  commission  which  it  shall  deem 
of  value  to  the  legislature  and  the  people  of  the  State. 
Five  hundred  copies  of  each  report,  together  with  abstracts 
of  the  reports  to  such  commission  of  corporations  and  per- 
sons subject  to  its  supervision,  in  addition  to  the  regular 
number  prescribed  by  law,  shall  be  printed  as  a  public 
document  of  the  State,  bound  in  cloth,  for  the  use  of  the 
commissioners  and  to  be  distributed  by  them  in  their  dis- 
cretion to  corporations  and  persons  interested  therein. 

2.  Either  commission  shall  conduct  a  hearing  and  take 
testimony  relative  to  any  pending  legislation  with  respect 
to  any  person,  corporation  or  matter  within  the  jurisdic- 
tion of  the  commission,  if  requested  to  do  so  by  the  le.gis- 
lature  or  by  either  branch  thereof  or  by  a  standing  com- 
mittee of  either  branch  thereof  or  by  the  governor  or  by 
any  such  person  or  corporation,  and  shall  report  its  con- 
clusions to  the  legislature.  The  commission  may  also  rec- 
ommend the  enactment  of  such  legislation  with  respect  to 
any  matter  within  its  jurisdiction  as  it  deems  wise  or 
necessary  in  the  public  interest. 

Certified  copies  of  papers  filed  to  be  evidence.  S 17. 
Copies  of  all  official  documents  and  orders  filed  or  de- 
posited according  to  law  in  the  office  of  either  commission, 


certified  by  a  commissioner  or  by  the  secretary  of  tl 
commission  to  be  true  copies  of  the  originals,  under  tl 
official  seal  of  the  commission,  shall  be  evidence  in  111 
manner  as  the  originals. 

Fees  to  be  charged  and  collected  by  the  commissiot 
1 18.  Each  commission  shall  charge  and  collect  the  folio 
ing  fees:  For  copies  of  papers  and  records  not  required 
be  certified  or  otherwise  authenticated  by  the  commissio 
10  cents  for  each  folio;  for  certified  copies  of  official  dc 
uments  and  orders  filed  in  its  office,  15  cents  for  eai 
folio,  and  $1  for  every  certificate  under  seal  affixed  theret 
for  certifying  a  copy  of  any  report  made  by  a  corporati( 
to  the  commission,  $2;  for  each  certified  copy  of  the  a 
nual  report  of  the  commission,  fl.50;  for  certified  copies 
evidence  and  proceedings  before  the  commission,  15  cen 
for  each  folio.  No  fees  shall  be  charged  or  collected  f 
copies  of  papers,  records  or  official  documents,  furnishi 
to  public  officers  for  use  in  their  official  capacity,  or  for  tl 
annual  reports  of  the  commission  in  the  ordinary  cour 
of  distribution,  but  the  commission  may  fix  reasonat 
charges  for  publications  Issued  under  its  authority.  I 
fees  charged  and  collected"  by  the  commission  of  the  fii 
district  shall  belong  to  the  city  of  New  York,  and  shall 
paid  monthly,  accompanied  by  a  detailed  statement  thurei 
into  the  treasury  of  the  city  to  the  credit  of  the  genei 
fund,  and  all  fees  charged  and  collected  by  the  commissi 
of  the  second  district  shall  belong  to  the  people  of  t 
State,  and  shall  be  paid  monthly,  accompanied  by  a  ( 
tailed  statement  thereof,  into  the  treasury  of  the  State 
the  credit  of  the  general  fund. 

Attendance  of  loitnesses  and  their  fees.  §  19.  1.  j 
subpoenas  shall  be  signed  and  issued  by  a  commission 
or  by  the  secretary  of  a  commission  and  may  be  sorv 
by  any  person  of  full  age.  The  fees  of  witnesses  reqair 
to  attend  before  a  commission,  or  a  commissioner,  sh 
be  $2  for  each  day's  attendance,  and  5  cents  for  every  m 
of  travel  by  the  nearest  generally  traveled  route  in  ;oi 
tQ  and  from  the  place  where  attendance  of  the  witnt  ss 
required,  such  fees  to  be  paid  when  the  witness  is  ex(  us 
from  further  attendance;  and  the  disbursements  male 
the  payment  of  such  fees  shall  be  audited  and  paid  i  i  t 
first  district  in  the  same  manner  provided  for  the  pay-nt 
of  expenses  of  the  commission.  Whenever  a  subpoe  la 
Issued  at  the  instance  of  a  complainant,  responder  t, 
other  party  to  any  proceeding  before  the  commissioi ,  t 
cost  of  service  thereof  and  the  fee  of  the  witness  shi  11 
borne  by  the  party  at  whose  instance  the  witness  is  su 
moned.  A  subpoena  issued  as  aforesaid  shall  be  &  r\ 
in  the  same  manner  as  a  subpoena  issued  out  of  a  coi  rt 
record. 

2.  If  a  person  subpoenaed  to  attend  before  a  coi  in 
sion  or  a  commissioner  fails  to  obey  the  command  of  si 
subpoena,  without  reasonable  cause,  or  if  a  person  n 
tendance  before  a  commission  or  commissioner  shall,  wi 
out  reasonable  cause,  refuse  to  be  sworn  or  to  be  exai  lii 
or  to  answer  a  question  or  to  produce  a  book  or  p;  pe 
when  ordered  so  to  do  by  the  commission,  or  a  co:  an 
sioner,  or  to  subscribe  and  swear  to  his  deposition  af 
it  has  been  correctly  reduced  to  writing,  he  shall  be_  ;ui 
of  a  misdemeanor  and  may  be  prosecuted  therefor  i:i  < 
court  of  competent  criminal  jurisdiction. 

If  a  person  in  attendance  before  a  commission  or  a  c< 
missioner  refuses  without  reasonable  cause  to  be  examii 
or  to  answer  a  legal  and  pertinent  question  or  prodaci 
book  or  paper,  when  ordered  so  to  do  by  a  commission 
a  "commissioner,  the  commission  may  apply  to  any  j  isl 
of  the  Supreme  Court  upon  proof  by  affidavit  of  the  fa 
for  an  order  returnable  in  not  less  than  two  nor  mi 
than  five  days  directing  such  person  to  show  cause  lef 
the  justice  who  made  the  order,  or  any  other  justice  )f 
Supreme  Court,  why  he  should  not  be  committed  tc  jj 
upon  the  return  of  such  order  the  justice  before  who  n  ' 
matter  shall  come  on  for  hearing  shall  examine  unde  •  oi 
such  person  whose  testimony  may  be  relevant,  and  si 
person  shall  be  given  an  opportunity  to  be  heard;  -ini 
the  justice  shall  determine  that  such  person  has  rcfui 
without  reasonable  cause  or  legal  excuse  to  be  exainin 
or  to  answer  a  legal  and  pertinent  question,  or  to  piodi 
a  book  or  paper  which  he  was  ordered  to  bring,  ho  n 
forthwith,  by  warrant,  commit  the  offender  to  jail,  th 
to  remain  until  he  submits  to  do  the  act  which  he  v.as 
required  to  do  or  is  discharged  according  to  law. 

Practice   before   the  commissions  —  Immunity  of  i 
nesses.    §  20.    All  hearings  before  a  commission  or  a  o 


Public  Service  Laws 


949 


mlssloner  shall  be  governed  by  rules  to  be  adopted  and 
prescribed  by  the  commission.  And  in  all  investigations, 
inquiries  or  hearings  the  commission  or  a  commissioner 
shall  not  be  bound  by  the  technical  rules  of  evidence.  No 
person  shall  be  excused  from  testifying  or  from  producing 
any  books  or  papers  In  any  investigation  or  inquiry  by  or 
upon  any  hearing  before  a  commission  or  any  commis- 
sioner, when  ordered  to  do  so  by  the  commission,  upon 
the  ground  that  the  testimony  or  evidence,  books  or  docu- 
ments required  of  him  may  tend  to  incriminate  him  or  sub- 
ject him  to  penalty  or  forfeiture,  but  no  person  shall  be 
prosecuted,  punished  or  subjected  to  any  penalty  or  for- 
feiture for  or  on  account  of  any  act,  transaction,  matter  or 
thing  concerning  which  he  shall  under  oath  have  testified 
or  produced  documentary  evidence;  provided,  however, 
that  no  person  so  testifying  shall  be  exempt  from  prosecu- 
tion or  punishment  for  any  perjury  committed  by  him  In 
his  testimony.  Nothing  herein  contained  is  intended  to 
give,  or  shall  be  construed  as  in  any  manner  giving  unto 
any  corporation  immunity  of  any  kind. 

Court  proceedings — Preferences.  §  21.  All  actions  and 
proceedings  under  this  chapter,  and  all  actions  and  pro- 
ceedings commenced  or  prosecuted  by  order  of  either  com- 
mission, and  all  actions  and  proceedings  to  which  either 
commission  or  the  people  of  the  State  of  New  York  may  be 
parties,  and  iu  which  any  question  arises  under  this  chap- 
ter, or  under  the  railroad  law,  or  under  or  concerning  any 
order  or  action  of  the  commission,  shall  be  preferred  over 
all  other  civil  causes  except  election  causes  in  all  courts 
of  the  State  of  New  York  and  shall  be  heard  and  deter- 
mined in  preference  to  all  other  civil  business  pending 
therein  excepting  election  causes.  Irrespective  of  position 
on  the  calendar.  The  same  preference  shall  be  granted 
upon  application  of  counsel  to  the  commission  In  any  action 
or  proceeding  in  which  he  may  be  allowed  to  intervene. 

Rehearing  before  commission.  §  22.  After  an  order  has 
been  made  by  a  commission  any  corporation  or  person  In- 
terested therein  shall  have  the  right  to  apply  for  a  rehear- 
ing in  respect  to  any  matter  determined  therein,  and  the 
commission  shall  grant  and  hold  such  a  rehearing  if  In  its 
judgment  sufficient  reason  therefor  be  made  to  appear;  if 
a  rehearing  shall  be  granted,  the  same  shall  be  deter- 
mined by  the  commission  within  30  days  after  the  same 
shall  be  finally  submitted.  An  application  for  such  a  re- 
hearing shall'  not  excuse  any  corporation  or  person  from 
complying  with  or  obeying  any  order  or  any  requirement 
of  any  order  of  the  commission,  or  operate  in  any  manner 
to  stay  or  postpone  the  enforcement  thereof  except  as  the 
commission  may  by  order  direct.  If,  after  such  rehearing 
and  a  consideration  of  the  tacts,  including  those  arising 
since  the  making  of  the  order,  the  commission  shall  be  of 
opinion  that  the  original  order  or  any  part  thereof  is  in 
any  respect  unjust  or  unwarranted,  or  should  be  changed, 
the  commission  may  abrogate  or  change  the  same.  An 
order  made  after  any  such  rehearing  abrogating  or  chang- 
ing the  original  order  shall  have  the  same  force  and  effect 
as  an  original  order  but  shall  not  affect  any  right  or  the 
enforcement  of  any  right  arising  from  or  by  virtue  of  the 
original  order. 

Service  and  effect  of  orders.  §  23.  Every  order  of  a 
commission  shall  be  served  upon  every  person  or  corpora- 
tion to  be  affected  thereby,  either  by  personal  delivery  of  a 
certified  copy  thereof,  or  by  mailing  a  certified  copy 
thereof,  in  a  sealed  package  with  postage  prepaid,  to  the 
person  to  be  affected  thereby  or,  in  the  case  of  a  corpora- 
tion, to  any  officer  or  agent  thereof  upon  whom  a  summons 
may  be  served  in  accordance  with  the  provisions  of  the 
Icode  of  civil  procedure.  It  shall  be  the  duty  of  every  per- 
ison  and  corporation  to  notify  the  commission  forthwith,  in 
writing,  of  the  receipt  of  the  certified  copy  of  every  order 
so  served,  and  in  the  case  of  a  corporation  such  notifica- 
tion must  be  signed  and  acknowledged  by  a  person  or 
officer  duly  authorized  by  the  corporation  to  admit  such 
iservice.  Within  a  time  specified  in  the  order  of  the  com- 
mission every  person  and  corporation  upon  whom  it  is 
.served  must  if  so  required  in  the  order  notify  the  com- 
laiission  in  like  manner  whether  the  terms  of  the  order  are 
Mcepted  and  will  be  obeyed.  Every  order  of  a  commission 
'shall  take  effect  at  a  time  therein  specified  and  shall  con- 
!  inue  in  force  either  for  a  period  which  may  be  designated 

herein  or  until  changed  or  abrogated  by  the  commission 
bnless  such  order  be  unauthorized  by  this  chapter  or  any 

)ther  act  or  be  in  violation  of  a  provision  of  the  constitu- 

ion  of  the  State  of  of  the  United  States. 


Action  to  recover  penalties  or  forfeitures.  §  24.  An  ac- 
tion to  recover  a  penalty  or  a  forfeiture  under  this  chap'ter 
or  to  enforce  the  powers  of  the  commission  under  the  rail- 
road law  may  be  brought  in  any  court  of  competent  juris- 
diction in  this  State  in  the  name  of  the  people  of  the  State 
of  New  York,  and  shall  be  commenced  and  prosecuted  to 
final  judgment  by  counsel  to  the  commission.  In  any  such 
action  all  penalties  and  forfeitures  incurred  up  to  the  time 
of  commencing  the  same  may  be  sued  for  and  recovered 
therein,  and  the  commencement  of  an  action  to  recover  a 
penalty  or  forfeiture  shall  not  be,  or  be  held  to  be,  a 
waiver  of  the  right  to  recover  any  other  penalty  or  for- 
feiture; if  the  defendant  in  such  action  shall  prove  that 
during  any  portion  of  the  time  for  which  it  is  sought  to' 
recover  penalties  or  forfeitures  for  a  violation  of  an  order 
of  the  commission  the  defendant  was  actually  and  in  good 
faith  prosecuting  a  suit,  action  or  proceeding  in  the  courts 
to  set  aside  such  order,  the  court  shall  remit  the  penalties 
or  forfeitures  incurred  during  the  pendency  of  such  suit, 
action  or  proceeding.  All  moneys  recovered  in  any  such 
action,  together  with  the  costs  thereof,  shall  be  paid  into 
the  State  treasury  to  the  credit  of  the  general  fund.  Any 
such  action  may  be  compromised  or  discontinued  on  appli- 
cation of  the  commission  upon  such  terms  as  the  court 
shall  approve  and  order. 

ARTICLE  2. 

PKOVISIONS     RELATING     TO     RAILEOADS,     STEEET     RAILROADS     AND 
COMMON    CABBIEBS. 

§  25.     Application  of  article. 

§  26.    Adequate  service;  just  and  reasonable  ♦changes. 

*  So  in  original. 

§  27.  Switch  and  side-track  connections;  powers  of 
commissions. 

§  28.    Tariff  schedules;  publication. 

§  29.    Changes  in  schedule ;  notice  required. 

§  30.  Concurrence  in  joint  tariffs;  contracts,  agree- 
ments or  arrangements  between  any  carriers. 

§  31.     Unjust  discrimination. 

§  32.     Unreasonable  preference. 

§  33.  Transportation  prohibited  until  publication  of 
schedules;  rates  as  fixed  to  be  charged;  passes  prohibited. 

§  34.     False  billing,  et  cetera,  by  carrier  or  shipper. 

§  35.     Discrimination  prohibited;  connecting  lines. 

§  36.     Long  and  short  haul. 

§  37.     Distribution  of  cars. 

§  38.     Liability  for  damage  to  property  In  transit. 

§  39.     Continuous  carriage. 

§  40.  Liability  for  loss  or  damage  by  violation  of  this 
chapter. 

Application  of  article.  §  25.  The  provisions  of  this  article 
shall  apply  to  the  transportation  of  passengers  or  property 
from  one  point  to  another  within  the  State  of  New  York, 
and  to  any  common  carrjer  performing  such  service. 

Safe  and  adequate  service — Just  and  reasonable  charges. 
§  26.  Every  corporation,  person  or  common  carrier  perform- 
ing a  service  designated  In  the  preceding  section,  shall 
furnish,  with  respect  thereto,  such  service  and  facilities  as 
shall  be  safe  and  adequate  and  in  all  respects  just  and  rea- 
sonable. All  charges  made  or  demanded  by  any  such  cor- 
poration, person  or  common  carrier  for  the  transportation 
of  passengers  or  property  or  for  any  service  rendered  or  to 
be  rendered  in  connection  therewith,  as  defined  In  §  2  of  this 
chapter,  shall  be  just  and  reasonable  and  not  more  than 
allowed  by  law  or  by  order  of  the  commission  having  juris- 
diction and  made  as  authorized  by  this  chapter.  Every 
unjust  or  unreasonable  charge  made  or  demanded  for  any 
such  service  or  transportation  of  passengers  or  property 
or  in  connection  therewith  or  in  excess  of  that  allowed  by 
law  or  by  order  of  the  commission  is  prohibited. 

Switch  and  side  track  connections — Powers  of  commis- 
sions. §  27.  1.  A  railroad  corporation,  upon  the  applica- 
tion of  any  shipper  tendering  traffic  for  transportation, 
shall  construct,  maintain  and  operate  upon  reasonable 
terms  a  switch  connection  or  connections  with  a  lateral 
line  of  railroad  or  private  side-track  owned,  operated  or 
controlled  by  such  shipper,  and  shall,  upon  the  application 
of  any  shipper,  provide  upon  its  own  property  a  side-track 
and  switch  connection  with  its  line  of  railroad,  whenever 
such  side-track  and  switch  connection  is  reasonably  prac- 
ticable, can  be  put  in  with  safety  and  the  business  therefor 
is  sufficient  to  justify  the  Same. 


950 


]f  ATioNAL  Association  of  Railway  Commissioners 


2.     If  any  railroad  corporation  shall  fall  to  Install  or 
operate  any  such  switch  connection  with  a  lateral  line  of 
railroad  or  any  such  side-track  and  switch  connection  as 
aforesaid,  after  written  application  therefor  has  been  made 
to  it,  any  corporation  or  person  interested  may  present  the 
facts  to  the  commission  having  jurisdiction  by  written  pe- 
tition,  and   the   commission   shall   investigate   the   matter 
stated  in  such  petition,  and  give  such  hearing  thereon  as 
it  may  deem  necessary  or  proper.     If  the  commission  be  of 
opinion  that  it  is  safe  and  practicable  to  have  a  connec- 
tion, substantially  as  prayed  for,  established  or  maintained, 
and  that  the  business  to  be  done  thereon  justifies  the  con- 
struction and  maintenance  thereof,  it  shall  make  an  order 
directing  the  construction  and  establishment  thereof,  speci- 
fying the  reasonable  compensation  to  be  paid  for  the  con- 
struction, establishment  and  maintenance  thereof,  and  may 
in  like  manner  upon  the  application  of  the  railroad  corpo- 
ration order  the  discontinuance  of  such  switch  connection. 
Tariff   schedules  —  Publication.     §  28.    Every   common 
carrier  shall  file  with  the  commission  having  jurisdiction 
and  shall  print  and  keep  open  to  public  inspection  sched- 
ules showing  the  rates,  fares  and  charges  for  the  transpor- 
tation of  passengers  and  property  within  the  State  between 
each  point  upon  its  route  and  all  other  points  thereon;  and 
between   each   point  upon   its   route   and   all   points   upon 
every  route  leased,  operated  or  controlled  by  it;   and  be- 
tween each  point  on  its  route  or  upon  any  route  leased, 
operated  or  controlled  by  it  and  all  points  upon  the  route 
of  any  other  common  carrier,  whenever  a  through  route 
and  joint  rate  shall  have  been  established  or  ordered  be- 
tween any  two  such  points.     If  no  joint  rate  over  a  through 
route  has  been  established,  the  several  carriers  in   such 
through  route  shall  file,  print  and  keep  open  to  public  in- 
spection,  as   aforesaid,    the    separately    established   rates, 
fares  and  charges  applied   to  the  through  transportation. 
The  schedules  printed  as  aforesaid  shall  plainly  state  the 
places  between  which  property  and  passengers  will  be  car- 
ried, and  shall  also  contain  the  classification  of  passengers 
or  property   in  force,  and   shall  also  state   separately  all 
terminal  charges,  storage  charges,  icing  charges,  and  all 
other  charges   which  the   commission  may  require  to   be 
stated,  all  privileges  or  facilities  granted  or  allowed,  and 
any  rules  or  regulations  which   may  in  anywise  change, 
affect  or   determine  any  part,  or  the   aggregate   of,   such 
aforesaid    rates,   fares   and   charges,   or   the   value   of   the 
service  rendered  to  the  passenger,  shipper  or  consignee. 
Such  schedules  shall  be  plainly  printed  in  large  type,  and 
a  copy  thereof  shall  be  kept  by  every  such  carrier  readily 
accessible  to  and  for  convenient  inspection  by  the  public 
in  every  station  or  office  of  such  carrier  where  passengers 
or  property   are  respectively  received   for  transportation, 
when  such  station  or  office  is  in  charge  of  an  agent,  and 
in  every  station  or  office  of  such  carrier  where  passenger 
tickets  for  transportation  or  tickets  covering  sleeping  or 
parlor  car  or  other  train  accommodation  are  sold  or  bills 
of  lading  or  receipts  for  property  are  issued.     All  or  any 
of  such  schedules  kept  as  aforesaid  shall  be  immediately 
produced  by  such  carrier  for  inspection  upon  the  demand 
of  any  person.     A  notice  printed  in  bold  type  and  stating 
that  such  schedules  are  on  file  with  the  agent  and  open  to 
inspection  by  any  person  and  that  the  agent  will  assist 
any  such   person  to   determine  from  such   schedules   any 
transportation  rates  or  fares  or  rules  or  regulations  which 
are  in  force  shall  be  kept  posted  by  the  carrier  in  two 
public   and   conspicuous   places   in   every   such   station   or 
office.     The    form   of   every    such   schedule    shall    be    pre- 
scribed by  the  commission  and  shall  conform  in  the  case 
of  railroad  corporations  as  nearly  as  may  be  to  the  form 
of  schedule  required  by  the  Interstate  Commerce  Commis- 
sion under  the  Act  of  congress  entitled  "An  Act  to  regulate 
commerce,"  approved  February  4, 1887,  and  the  Acts  amenda- 
tory thereof  and  supplementary  thereto.     Where  any  sim- 
ilar schedule  is  required  by  law  to  be  filed  with  both  com- 
missions they  shall  agree  upon  an  identical  form  for  such 
schedule.     The  commission  shall  have  power,  from  time  to 
time,  in  its  discretion,  to  determine  and  prescribe  by  order 
such  changes  in  the  form  of  such  schedules  as  may  be 
found  expedient,  and  to  modify  the  requirements  of  this 
section  in  respect  to  publishing,  posting  and  filing  of  sched- 
ules either  in  particular  instances  or  by  general  order  ap- 
plicable to  special  or  peculiar  circumstances  or  conditions. 
Changes  in  schedule— Notice  required.    §  29.    Unless  the 
commission  otherwise  orders,  no  change  shall  be  made  in 
any  rate,  fare  or  charge,  or  joint  rate,  fare  or  charge,  which 


shall  have  been  filed  and  published  by  a  common  carric 
in  compliance  with  the  requirements  of  this  chapter,  e 
cept  after  30  days'  notice  to  the  commission  and  public 
tion  for  30  days  as  required  by  §  28  of  this  chapter,  whic 
shall  plainly  state  the  changes  proposed  to  be  made  in  tt 
schedule  then  in  force,  and  the  time  when  the  change 
rate,  fare  or  charge,  will  go  into  effect;  and  all  propose 
changes  shall  be  shown  by  printing,  filing  and  publishir 
new  schedules  or  shall  be  plainly  indicated  upon  the  schei 
ules  in  force  at  the  time  and  kept  open  to  public  inspe 
tion.  The  commission,  for  good  cause  shown,  may  alio 
changea  in  rates  without  requiring  the  30  days'  notice  an 
publication  herein  provided  for,  by  duly  filing  and  publisl 
ing  in  such  manner  as  it  may  direct  an  order  specifyin 
the  change  so  made  and  the  time  when  it  shall  take  effecl 
all  such  changes  shall  be  immediately  indicated  upon  il 
schedules  by  the  common  carrier. 

Concurrence  in  joint  tariffs — Contracts,  agreements  < 
arrangements  between  any  carriers.  §  30.  1.  The  nam( 
of  the  several  carriers  which  are  parties  to  any  joint  i;ari 
shall  be  specified  therein,  and  each  of  the  parties  thereti 
other  than  the  one  filing  the  same,  shall  file  with  th 
commission  such  evidence  of  concurrence  therein  o:-  ai 
ceptance  thereof  as  may  be  required  or  approved  bv  th 
commission;  and  where  such  evidence  of  concurrence  c 
acceptance  is  filed,  it  shall  not  be  necessary  for  the  ca 
rlers  filing  the  same  also  to  file  copies  of  the  tarif's  i 
which  they  are  named  as  parties. 

2.  Every  common  carrier  shall  file  with  the  conimii 
sion  sworn  copies  of  every  contract,  agreement  or  arriingi 
ment  with  any  other  common  carrier  or  common  carriei 
relating  in  any  way  to  the  transportation  of  passei  gei 
or  property. 

Unju'st  discrimination.  §31.  No  common  carrier  ihal 
directly  or  indirectly,  by  any  special  rate,  rebate,  <  rav 
back,  or  other  device  or  method,  charge,  demand,  c(  Uec 
or  receive  from  any  person  or  corporation  a  greater  or  lee 
compensation  for  any  service  rendered  or  to  bo  renc  ere 
in  the  transportation  of  passengers  or  property,  exce  t  a 
authorized  in  this  chapter,  than  it  charges,  demands  co 
lects  or  receives  from  any  other  person  or  corporatio  i  to 
doing  a  like  and  contemporaneous  service  in  the  tran  n'Oi 
tation  of  a  like  kind  of  traffic  under  the  same  or  sul  itai 
tially  similar  circumstances  and  conditions. 

Unreasonable  preference.  §  32.  No  common  carrier  sha 
make  or  give  any  undue  or  unreasonable  preference  c  r  ac 
vantage  to  any  person  or  corporation  or  to  any  locali  y  a 
to  any  particular  description  of  traffic  in  any  respect  ha' 
soever,  or  subject  any  particular  person  or  corporatii  n  o 
locality  or  any  particular  description  of  traffic,  to  an  •  m 
due  or  unreasonable  prejudice  or  disadvantage  in  ar  y  n 
spect  whatsoever. 

Transportation  prohibited  until  publication  of  sch(  luU 
— Rates  as  fixed  to  be  charged — Passes  prohibited.     §  3: 
1.  No  common  carrier  subject  to  the  provisions  of  this  chaf 
ter  shall  after  the  first  day  of  November,  1907,  engage  c 
participate  in  the  transportation  of  passengers  or  pro:  ert;i 
between   points   within   the    State,   until   its   schedul  -s  c 
rates,   fares  and   charges   shall  have   been   filed   and   iiul 
lished  in  accordance  with  the  provisions  of  this  ch;ipte:' 
No  common   carrier  shall  charge,  demand,   collect  (  r  ri 
ceive  a  greater  or  less  or  different  compensation  for    ran:' 
portation  of  passengers  or  property,  or  for  any  serv  ce  i 
connection   therewith,   than   the   rates,   fares   and   charge 
applicable  to  such  transportation  as  specified  in  its  <r'><'' 
ules  filed  and  in  effect  at  the  time;  nor  shall  any  sue 
rier  refund  or  remit  in  any  manner  or  by  any  devic     -  - 
portion   of  the  rates,   fares,   or  charges   so  speciflec,   nc| 
extend  to  any  shipper  or  person  any  privileges  or  facil' 
ties  in  the  transportation  of  passengers  or  property  <  \ 
such  as  are  regularly  and  uniformly  extended  to  all 
sons  and  corporations  under  like  circumstances.  j 


2.     No  common  carrier  subject  to  the  provisions  <'f  th' 
chapter  shall,  directly  or  indirectly,  issue  or  give  an , 
ticket,  free  pass  or  free  transportation  for  passeng?i 
property  between  points  within  this  State,   except  to  i  ^ 
officers,  employes,  agents,  pensioners,  surgeons,  physician  j 
attorneys-at-law,  and  their  families;  to  ministers  of  rp" 
ion,  officers  and  employes  of  railroad  Young  Men's  ( 
tian    associations,    inmates    of    hospitals,    charitabli' 
eleemosynary  institutions  and  persons  exclusively  eni; 
in  charitable  and  eleemosynary  work;  and  to  indigent, 
titute  and  homeless  persons  and  to  such  persons  wl.i 


Public  Sekvioe  Laws 


951 


transported  by  charitable  societies  or  hospitals,  and  the 
necessary  agents  employed  in  such  transportation;  to  in- 
mates of  the  National  homes  or  State  homes  for  disabled 
volunteer  soldiers  and  of  soldiers'  and  sailors'  homes,  in- 
cluding those  about  to  enter  and  those  returning  home 
after  discharge,  and  boards  of  managers  of  such  homes; 
to  necessary  caretakers  of  property  in  transit;  to  em- 
ployes of  sleeping-car  companies,  express_  companies,  tele- 
graph and  telephone  companies  doing  business  along  the 
line  of  the  issuing  carrier;  to  railway  mail  service  em- 
ployes, postofHce  inspectors,  customs  inspectors  and  immi- 
gration inspectors;  to  newsboys  on  trains,  baggage  agents, 
witnesses  attending  any  legal  investigation  or  proceeding 
in  which  the  common  carrier  is  interested,  persons  in- 
jured in  accidents  or  wrecks  and  physicians  and  nurses 
attending  such  persons;  to  the  carriage  free  or  at  reduced 
rates  of  persons  or  property  for  the  United  States,  State 
or  municipal  governments,  or  of  property  to  or  from  fairs 
and  expositions  for  exhibit  thereat. 

Subdivisions  3  and  4  of  §  33  were  amended  in  1911  to 
read  as  follows: 

Free  transportation,  when  permitted.  3.  Nothing  In 
this  chapter  shall  be  construed  to  prohibit  the  inter- 
change of  free  or  reduced  transportation  between  com- 
■  mon  carriers  of  or  for  their  officers,  agents,  employes, 
attorneys  and  surgeons  and  their  families,  nor  to  pro- 
hibit any  common  carrier  from  carrying  passengers  or 
property  free  with  the  object  of  providing  relief  in 
<;ases  of  general  epidemic,  pestilence  or  other  calamitous 
visitation;  nor  to  prohibit  any  common  carrier  from 
transporting  persons  or  property  as  incident  to  or  con- 
nected with  contracts  for  construction,  operation  or 
maintenance,  and  to  the  extent  only  that  such  free  trans- 
portation is  provided  for  in  the  contract  for  such  work, 
nor  to  prevent  any  common  carrier  from  transporting 
children  under  five  years  of  age  free:  Provided,  further, 
that  nothing  in  this  chapter  shall  prevent  the  issuance 
of  mileage,  excursion,  school  or  family  commutation 
passenger  tickets,  half  fare  tickets  tor  the  transportation 
of  children  under  12  years  of  age,  or  any  other  form 
of  reduced  rate  passenger  tickets,  or  joint  interchange- 
able mileage  tickets,  with  special  privileges  as  to  the 
amount  of  free  baggage  that  may  be  carried  under  mile- 
age tickets  of  1,000  miles  or  more.  But  before  any  common 
carrier  subject  to  the  provision  of  this  chapter  shall  issue 
any  such  mileage,  excursion,  school  or  family  commutation, 
commutation,  half  fare  or  any  other  form  of  reduced  rate 
passenger  tickets,  or  joint  interchangeable  mileage  ticket, 
with  special  privileges  as  aforesaid,  it  shall  file  with  the 
commission  copies  of  the  tariffs  of  rates,  fares  or  charges  on 
which  such  tickets  are  to  be  based,  together  with  the  speci- 
fications of  the  amount  of  free  baggage  permitted  to  be 
carried  under  such  Joint  interchangeable  mileage  ticket, 
in  the  same  manner  as  common  carriers  are  required  to 
do  with  regard  to  other  rates  by  this  chapter.  Nor 
shall  anything  in  this  chapter  prevent  the  issuance  of 
passenger  transportation  in  exchange  for  advertising 
space   in  newspapers  at  full  rates. 

Power  of  commission.  4.  Nothing  in  this  section  or  In 
any  other  provision  of  law  shall  be  deemed  to  limit  the 
power  of  the  commission  to  require  the  sale  of,  and  upon 
investigation  prescribe  reasonable  and  just  fares  as  the 
maximum  to  be  charged  for,  commutation,  school  or 
family  commutation,  mileage  tickets  over  railroads  or 
street  railroads,  joint  interchangeable  mileage  tickets, 
round  trip  excursion  tickets,  or  any  other  form  of  re- 
duced rate  passenger  tickets  over  such  railroads  or 
street  railroads:  Provided  that  all  special  round  trip  ex- 
cursion tickets,  the  sale  of  which  is  limited  to  less 
than  30  days,  except  round  trip  excursion  tickets  to  the 
State   Fair   and    return   during   the   holding   thereof,    shall 

j     be  deemed   exempt  from   such  regulation  by  the  commis- 

i     sion. 

1  False  'billing,  etc.,  by  carrier  or  shipper.     §  34.    No  com- 

mon carrier  or  any  officer  or  agent  thereof  or  any  person 
acting  for  or  employed  by  it,  shall  assist,  suffer  or  permit 
any  person  or  corporation  to  obtain  transportation  for  any 
passenger  or  property  between  points  within  this  State  at 
less  than  the  rates  then  established  and  in  force  in  ac- 
cordance with  the  schedules  filed  and  published  in  ac- 
cordance with  the  provisions  of  this  chapter,  by  means  of 
false  billing,  false  classification,  false  weight  or  weighing,  or 


false  report  of  weight,  or  by  any  other  device  or  means. 
No  person,  corporation  or  any  officer,  agent  or  employe  of 
a  corporation,  who  shall  deliver  property  for  transporta- 
tion within  the  State  to  a  common  carrier,  shall  seek  to 
obtain  or  obtain  such  transportation  for  such  property  at 
less  than  the  rates  then  established  and  in  force  therefor, 
as  aforesaid,  by  false  billing,  false  or  incorrect  classifica- 
tion, false  weight  or  weighing,  false  representation  of  the 
contents  of  a  jrckage,  or  false  report  of  statement  of 
weight,  or  by  any  other  device  or  means,  whether  with 
or  without  the  consent  or  connivance  of  the  common 
carrier,  or  any  of  its  officers,  agents  or  employes. 

Discrimination  prohibited — Connecting  lines.  §  35.  Every 
common  carrier  is  required  to  afford  all  reasonable,  proper 
and  equal  facilities  for  the  interchange  of  passenger  and 
property  traffic  between  the  lines  owned,  operated,  con- 
trolled or  leased  by  it  and  the  lines  of  every  other  com- 
mon carrier,  and  for  the  prompt  transfer  of  passengers 
and  for  the  prompt  receipt  and  forwarding  of  property  to 
and  from  its  said  lines;  and  no  common  carrier  shall  in 
any  manner  discriminate  in  respect  to  rates,  fares  or 
charges  or  in  respect  to  any  service  or  in  respect  to  any 
charges  or  facilities  for  any  such  transfer  in  receiving  or 
forwarding  between  any  two  or  more  other  common  car- 
riers or  between  passengers  or  property  destined  to  points 
upon  the  lines  of  any  two  or  more  other  common  carriers 
or  in  any  respect  with  reference  to  passengers  or  property 
transferred  or  received  from  any  two  or  more  other  com- 
mon carriers.  This  section  shall  not  be  construed  to  re- 
quire a  common  carrier  to  permit  or  allow  any  other  com- 
mon carrier  to  use  its  tracks  or  terminal  facilities.  Every 
common  carrier,  as  such,  is  required  to  receive  from  every 
other  common  carrier,  at  a  connecting  point,  freight  cars 
of  proper  standard,  and  haul  the  same  through  to  destina- 
tion, if  the  destination  be  upon  a  line  owned,  operated  or 
controlled  by  such  common  carrier,  or  it  the  destination 
be  upon  a  line  of  some  other  common  carrier,  to  haul  any 
car  so  delivered  through  to  the  connecting  point  upon  the 
line  owned,  operated,  controlled  or  leased  by  it,  by  way  of 
route  over  which  such  car  is  billed,  and  there  to  deliver 
the  same  to  the  next  connecting  carrier.  Nothing  in  this 
section  shall  be  construed  as  in  anywise  limiting  or  modi- 
fying the  duty  of  a  common  carrier  to  establish  joint  rates, 
fares  and  charges  for  the  transportation  of  passengers  and 
property  over  the  lines  owned,  operated,  controlled  and 
leased  by  it  and  the  lines  of  other  common  carriers,  nor  as 
in  any  manner  limiting  or  modifying  the  power  of  the  com- 
mission to  require  the  establishment  of  such  joint  rates, 
fares  and  charges.  A  railroad  corporation  and  a  street 
railroad  corporation  shall  not  be  required  to  interchange 
cars  except  on  such  terms  and  conditions  as  the  commis- 
sion may  direct. 

Long  and  short  haul.  §  36.  No  common  carrier,  sub- 
ject to  the  provisions  of  this  chapter,  shall  charge  or  re- 
ceive any  greater  compensation  in  the  aggregate  for  the 
transportation  of  passengers  or  of  a  like  kind  of  property, 
under  substantially  similar  circumstances  and  conditions, 
for  a  shorter  than  for  a  longer  distance  over  the  same  line 
In  the  same  direction,  the  shorter  being  included  within 
the  longer  distance;  but  this  shall  not  be  construed  as  au- 
thorizing any  such  common  carrier  to  charge  and  receive 
as  great  a  compensation  for  a  shorter  as  for  a  longer  dis- 
tance or  haul.  Upon  application  of  a  common  carrier  the 
commission  may  by  order  authorize  it  to  charge  less  for 
longer  than  for  shorter  distances  for  the  transportation  of 
passengers  or  property  in  special  cases  after  investigation 
by  the  commission,  but  the  order  must  specify  and  pre- 
scribe the  extent  to  which  the  common  carrier  making 
such  application  is  relieved  from  the  operation  of  this 
section,  and  only  to  the  extent  so  specified  and  prescribed 
shall  any  common  carrier  be  relieved  from  the  operation 
and  requirements  of  this  section. 

Distribution  of  cars.  §  37.  1.  Every  railroad  corpora- 
tion or  other  common  carrier  engaged  in  the  transportation 
of  property  shall,  upon  reasonable  notice,  furnish  to  all 
persons  and  corporations  who  may  apply  therefor,  and 
offer  property  for  transportation,  sufficient  and  suitable 
cars  for  the  transportation  of  such  property  in  carload 
lots.  Every  railroad  corporation  and  street  railroad  co- 
poration  shall  have  sufficient  cars  and  motive  power  to 
meet  all  requirements  for  the  transportation  of  passen- 
gers and  property  which  may  reasonably  be  anticipated, 
unless   relieved   therefrom    by   order  of   the   commission. 


953 


National  Association  of  Bailway  Commissioners 


In  case,  at  any  particular  time,  a  common  carrier  has 
not  sufficient  cars  to  meet  all  requirements  for  the  trans- 
portation of  property  in  carload  lots,  all  cars  available 
to  it  for  such  purposes  shall  he  distributed  among  the 
several  applicants  therefor,  without  discrimination  between 
shippers,  localities  or  competitive  or  non-competitive  points, 
but  preference  may  always  be  given  in  the  supply  of 
cars  for  shipment  of  live-stock  or  perishable  property. 

2.  The  commission  shall  have  power  to  make,  and  by 
order  shall  make,  reasonable  regulations  for  the  furnish- 
ing and  distribution  of  freight  cars  to  shippers,  for  the 
switching  of  the  same,  for  the  loading  and  unloading 
thereof,  for  demurrage  charges  in  respect  thereto,  and 
for  the  weighing  of  cars  and  property  offered  for  ship- 
ment or  transported  by  any  common  carrier. 

Liability  for  damage  to  property  in  transit.  §  38.  Every 
common  carrier  and  every  railroad  corporation  and 
street  railroad  corporation  shall,  upon  demand,  issue 
either  a  receipt  or  bill  of  lading  for  all  property  delivered 
to  it  for  transportation.  No  contract,  stipulation  or 
clause  in  any  receipt  or  bill  of  lading  shall  exempt  or 
be  held  to  exempt  any  common  carrier,  railroad  cor- 
poration or  street  railroad  corporation  from  any  liability 
for  loss,  damage  or  injury  caused  by  it  to  property  from 
the  time  of  its  delivery  for  transportation  until  the 
same  shall  have  been  received  at  its  destination  and  a 
reasonable  time  shall  have  elapsed  after  notice  to  con- 
signee of  such  arrival  to  permit  of  the  removal  of 
such  property.  Every  common  carrier,  railroad  corpora- 
tion and  street  railroad  corporation  shall  be  liable  for 
all  loss,  damage  or  injury  to  property  caused  by  delay 
in  transit  due  to  negligence  while  the  same  is  being 
carried  by  it,  but  in  any  action  to  recover  for  damages 
sustained  by  delay  in  transit  the  burden  of  proof  shall 
be  upon  the  defendant  to  show  that  such  delay  was  not 
due  to  negligence.  Every  common  carrier  and  rail- 
road corporation  shall  be  liable  for  loss,  damage  and  in- 
jury to  property  carried  as  baggage  up  to  the  full  value 
and  regardless  of  the  character  thereof,  but  the  value 
in  excess  of  $150  shall  be  stated  upon  delivery  to  the 
carrier,  and  a  written  receipt  stating  the  value  shall  be 
issued  by  the  carrier,  who  may  make  a  reasonable  charge 
for  the  assumption  of  such  liability  in  excess  of  $150 
and  for  the  carriage  of  baggage  exceeding  150  pounds 
in  weight  upon  a  single  ticket.'  Nothing  in  this  section 
shall  deprive  any  holder  of  such  receipt  or  bill  of  lading 
of  any  remedy  or  right  of  action  which  he  has  under 
existing  law. 

Continuous  carriage.  §  39.  No  common  carrier  shall 
enter  into  or  become  a  party  to  any  combination,  con- 
tract, agreement  or  understanding,  written  or  oral,  ex- 
press or  implied,  to  prevent  by  any  arrangement  or  by 
change  of  arrangement  of  time  schedule,  by  carriage 
in  different  cars  or  by  any  other  means  or  device  whatso- 
ever the  carriage  of  property  from  being  continuous  from 
the  place  of  shipment  to  the  place  of  destination.  No  break- 
age of  bulk,  stoppage  or  interruption  of  carriage  made 
by  any  common  carrier  shall  prevent  the  carriage  of 
property  from  being  treated  as  one  continuous  carriage 
from  the  place  of  shipment  to  the  place  of  destination. 
Nor  shall  any  such  breakage  of  bulk,  stoppage  or  inter- 
ruption of  carriage  be  made  or  permitted  by  any  com- 
mon carrier  except  it  be  done  in  good  faith  for  a  nec- 
essary purpose  without  intention  to  avoid  or  unneces- 
sarily interrupt  or  delay  the  continuous  carriage  of  such 
property  or  to  evade  any  of  the  provisions  of  law,  of 
this  chapter  or  an  order  of  the  commission. 

Liability  for  loss  or  damage  caused  hy  violation  of  this 
chapter.  §  40.  In  case  a  common  carrier  shall  do,  cause 
to  be  done  or  permit  to  be  done  any  act,  matter  or  thing 
prohibited,  forbidden  or  declared  to  be  unlawful,  or  shall 
omit  to  do  any  act,  matter  or  thing  required  to  be  done, 
either  by  any  law  of  the  State  of  New  York,  by  this 
chapter  or  by  an  order  of  the  commission,  such  common 
carrier  shall  be  liable  to  the  persons  or  corporations 
affected  thereby  for  all  loss,  damage  or  Injury  caused 
thereby  or  resulting  therefrom,  and  In  case  of  recovery, 
if  the  court  shall  find  that  such  act  or  omission  was 
wilful,  it  may  in  its  discretion  fix  a  reasonable  counsel 
or  attorney's  fee,  which  fee  shall  be  taxed  and  collected 
as  part  of  the  costs  in  the  case.  An  action  to  recover 
for  such   loss,   damage  or  Injury  may  be  brought  in  any 


court   of   competent  juridsiction   by    any    such    person   or 
corporation. 

ARTICLE  3. 

PBOVISIONS     RELATING     TO     POWERS     OF     THE     COMMISSIONS     IN 

RESPECT    TO    COMMON    CARRIERS,    R.\ILROAD8    AND 

STREET   RAILROADS. 

§  45.  General  powers  and  duties  of  commissions  in 
respect  to  common  carriers,  railroads  and  street  rail- 
roads. 

§  46.     Reports    of    common    carriers,    railroad    corpora- 
tions  and    street   railroad   corporations. 
§  47.     Investigation    of    accidents. 

Investigations  by  commission. 

Rates   and   service   to   be   fixed    by   the   commls- 


Powers    of    commissions    to    orfler    repairs    or 


I 


§48. 

§49. 
sions. 

§50. 
changes. 

§  51.  Power  of  commissions  to  order  changes  in  time 
schedules;    running    of    additional    cars    and    trains. 

§52.     Uniform     system     of    accounts;     access    to 
counts,  et  cetera;   forfeitures. 

§  53.     Franchises  and  privileges. 

§  54.     Transfer  of  franchises   or   stocks. 

§  55.  Appi-oval  of  issues  of  stock,  bonds  and  other 
forms  of  indebtedness. 

§56.     Forfeiture;    penalties. 

§  57.     Summary    proceedings. 

§  58.     Penalties   for  other   than   common  carriers,     j 

§  59.     Duties  of  commissions  as  to  interstate  traffld 

General  poivers  and  duties  of  commissions  in  respecij 
common  carriers,  railroads  and  street  railroads.  § 
1.  Each  commission  and  each  commissioner  shall  ha  i  e 
power  and  authority  to  administer  oaths,  in  all  pai  i  s 
of  the  State,  to  witnesses  summoned  to  testify  in  a  ly 
inquiry,  investigation,  hearing  or  proceeding;  and  also 
to  administer  oaths  in  all  parts  of  the  State  whene\er 
the  exerci.«e  of  such  power  is  incidentally  necessa  ry 
or  proper  to  enable  the  commission  or  a  commissiorer 
to  perform  a  duty  or  to  exercise  a  power. 

2.  Each  commission  shall  have  the  general  sup 
vision  of  all  compion  carriers,  railroads,  street  railroaj 
railroad  corporations  and  street  railroad  corporatia 
within  its  jurisdiction  as  hereinbefore  defined,  and  sh  ill 
have  power  to  and  shall  examine  the  same  and  ke  )| 
Informed  as  to  their  general  condition,  their  capital^ 
tion,  their  franchises  and  the  manner  in  which  t^ 
lines  and  property,  owned,  leased,  controlled  or  operati 
are  managed,  conducted  and  operated,  not  only  with 
spect  to  the  adequacy,  security  and  accommodation  i; 
forded  by  their  service,  but  also  with  respect  to  th  Ir 
compliance  with  all  provisions  of  law,  orders  of  t  le 
commission  and  charter  requirements.  Each  commissi  m 
shall  have  power,  either  through  its  members  or  resBf 
sible  engineers  or  inspectors  duly  authorized  by  it,l 
enter  in  on  upon  and  to  inspect  the  property,  equipmi 
buildings,  plants,  factories,  power  houses  and  offli 
of  any  such  corporations  or  persons,  including  the  ri(  ht 
for  such  inspection  purpose  to  ride  upon  any  freij  ht 
locomotive  or  train  or  any  passenger  locomotive  or 
train  while  in  service;  and  to  have  upon  reasona  ila 
notice  the  use  of  an  inspection  locomotive  or  special 
locomotive  and  inspection  car  for  a  physical  Inspect  on 
once  annually  of  all  the  lines  and  stations  of  each  ccm- 
mon  carrier  under  its  supervision;  and  to  the  ext<nt 
that  such  facilities  for  inspection  involve  transportat  on 
each  commissioner  and  each  such  employe  shall  pay  •  he 
published  one-way  fare  established  by  the  common  car^ 
rier  for  the  transportation  of  persons  by  regular  pas- 
senger trains  over  the  distance  covered  by  such  inspec- 
tion. The  cost  of  such  transportation,  if  the  comn  la- 
sion  so  elects,  may  be  paid  upon  bill  rendered  to  he 
commission  after  the  transportation  has  been  furnisled 
and   the  amount  thereof  ascertained. 

3.  Each  commission  and  each  commissioner  si  all 
have  power  to  examine  all  books,  contracts,  recoids, 
documents  and  papers  of  any  person  or  corporation 
subject  to  its  supervision,  and  by  subpoena  duces  tecum 
to  compel  production  thereof.  In  lieu  of  requiring  pro- 
duction of  originals  by  subpoena  duces  tecum,  the  com- 
mission or  any  commissioner  may  require  sworn  copies 
of  any  such  books,  records,  contracts,  documents  and 
papers  or  parts  thereof  to  be  filed  with  it. 


I 


Public  Service  Laws 


953 


Reports  of  common  carriers,  railroad  corporations  and 
street  railroad  corporations.  §  46.  1.  Every  common  car- 
rier, railroad  corporation  and  street  railroad  corporation 
shall  file  an  annual  report  witii  the  commission  verified 
by  the  oath  of  the  president,  treasurer,  general  manager 
or  receiver,  if  any,  of  such  corporation,  or  by  the  person 
required  to  file  the  same.  The  verification  shall  be  made 
by  said  official  holding  office  at  the  time  of  the  filing 
of  the  said  report,  and  if  not  made  upon  the  knowledge 
of  the  person  verifying  the  same  shall  set  forth  the 
sources  of  his  information  and  the  grounds  of  his  be- 
lief as  to  any  matters  not  stated  to  be  verified  upon  his 
knowledge.  The  commission  shall  prescribe  the  form 
of  such  reports  and  the  character  of  the  information  to 
be  contained  therein,  and  may  from  time  to  time  make- 
such  changes  and  such  additions  in  regard  to  form 
and  contents  thereof  as  it  may  deem  proper,  and  on  or 
before  June  30  in  each  year  shall  furnish  a  blank 
form  for  such  annual  reports  to  every  such  corporation 
and  person.  The  contents  of  such  report  and  the  form 
thereof  shall  conform  in  the  case  of  railroad  corporations 
as  nearly  as  may  be  to  that  required  of  common  carriers 
under  the  provisions  of  the  Act  of  congi-ess  entitled 
"An  Act  to  regulate  commerce,"  approved  February  4, 
1887,  and  the  Acts  amendatory  thereof  and  supple- 
mentary thereto.  The  commission  may  require  such 
report  to  contain  information  in  relation  to  rates  or  regu- 
lations concerning,  fares  or  freights,  agreements  or 
contracts  affecting  the  same,  so  far  as  such  rates  or 
regulations  pertain  to  transportation  within  the  State. 
When  the  report  of  any  such  corporation  or  person  is 
defective,  or  believed  to  be  erroneous,  the  commission 
shall  notify  the  corporation  or  person  to  amend  the 
same  within  a  time  prescribed  by  the  commission.  The 
originals  of  the  reports,  subscribed  and  sworn  to  as  pre- 
scribed by  law,  shall  be  preserved  in  the  office  of  the 
commission.  The  commission  ma,y  also  require  such 
corporations  and  persons  to  file  periodic  reports  in  the 
form,  covering  the  period  and  at  the  time  prescribed  by 
the  commission.  The  commission  may  require  of  any 
such  corporation  or  person  specific  answers  to  questions 
upon  which  the  commission  may  need  information.  The 
annual  report  required  to  be  filed  by  a  common  carrier, 
railroad  or  street  railroad  corporation  shall  be  so  filed  on 
or  before  the  thirtieth  day  of  Septembf-r  in  each  year. 
The  commission  may  extend  the  time  for  making  and 
filing  such  reixirt  for  a  period  not  exceeding  60  days. 
If  such  corporation  or  person  shall  fail  to  make  and  file 
the  annual  report  within  the  time  above  specified  or 
within  the  time  as  extended  by  the  commission,  or  shall 
fail  to  amend  such  report  within  such  reasonable  time 
as  may  be  prescribed  by  the  commission,  or  shall  fail 
to  make  specific  answer  to  any  question,  or  shall  fail 
to  make  the  periodic  reports  when  required  by  the  com- 
mission as  herein  provided,  within  the  time  and  in  the 
form  prescribed  by  the  commission  for  the  making  and 
filing  of  any  such  report  or  answer,  such  corporation  or 
person  shall  forfeit  to  the  State  the  sum  of  $100  for 
each  and  every  day  it  shall  continue  to  be  in  default 
with  respect  to  such  annual  report,  amendment,  answer 
or  periodic  report.  Such  forfeiture  shall  be  recovered  in 
an  action  brought  by  the  commission  in  the  name  of 
the  people  of  the  State  of  New  York.  The  amount  re- 
covered in  any  such  action  shall  be  paid  into  the  State 
treasury  and  credited  to  the  general  fund.  Any  rail- 
road corporation  or  common  carrier  other  than  a  street 
railroad  corporation  operating  partly  within  the  second  dis- 
trict and  partly  within  the  first  district  shall  report 
to  the  commission  of  the  second  district;  but  the  com- 
mission of  the  first  district  may,  upon  reasonable  notice, 
require  a  special  report  from  such  railroad  corporation 
or  common  carrier.  Any  street  railroad  corporation 
operating  partly  within  the  first  district  and  partly 
within  the  second  district  shall  report  to  the  commission 
of  the  first  district;  but  the  commission  of  the  second 
district  may,  upon  reasonable  notice,  require  a  special 
report  from  such  street  railroad  corporation. 

Investipation  o/  accidents.  §  47.  Each  commission  shall 
Investigate  the  cause  of  all  accidents  on  any  railroad 
or  street  railroad  within  its  district  which  result  in  loss 
of  life  or  injury  to  persons  or  property,  and  which  in 
its  judgment  shall  require  investigation.  Every  common 
carrier,  railroad  corporation  and  street  railroad  corpora- 


tion is  hereby  required  to  give  immediate  notice  to  the 
commission  of  every  accident  happening  upon  any  lines 
of  railroad  or  street  railroad  owned,  operated,  con- 
trolled or  leased  by  it,  within  the  territory  over  which 
such  commission  has  jurisdiction  in  such  manner  as  the 
commission  may  direct.  Such  notice  shall  not  be  ad- 
mitted as  evidence  or  used  for  any  purpose  against 
such  common  carrier,  railroad  corporation  or  street 
railroad  corpoation  giving  such  notice  in  any  suit  or 
action  for  damages  growing  out  of  any  matter  mentioned 
in  said  notice. 

Investigations  by  commission.  §  48.  1.  Each  commis- 
sion may,  of  its  own  motion,  investigate  or  make  inquiry, 
in  a  manner  to  be  determined  by  it,  as  to  any  act  or 
thing  done  or  omitted  to  be  done  by  any  common  carrier, 
railroad  corporation  or  street  railroad  corporation,  sub- 
ject to  its  supervision,  and  the  commission  must  make 
such  inquiry  in  regard  to  any  act  or  thing  done  or  omit- 
ted to  be  done  by  any  such  common  carrier,  railroad 
corporation  or  street  railroad  corpoation  in  violation 
of  any  provision  of  law  or  violation  of  any  order  of 
the   commission. 

2.  Complaints  may  be  made  to  the  proper  commission 
by  any  person  or  corporation  aggrieved,  by  petition  or 
complaint  in  writing  setting  forth  any  thing  or  act 
done  or  omitted  to  be  done  by  any  common  carrier, 
railroad  corporation  or  street  railroad  corporation  in 
violation,  or  claimed  to  be  in  violation,  of  any  provision 
of  law  or  of  the  terms  and  conditions  of  its  franchise 
or  charter  or  of  any  order  of  the  commission.  Upon 
the  presentation  of  such  a  complaint  the  commission  shall 
cause  a  copy  thereof  to  be  forwarded  to  the  i)erson 
or  corporation  complained  of,  which  may  be  accompanied 
by  an  order,  directed  to  such  person  or  corporation, 
requiring  that  the  matters  complained  of  be  satisfied,  or 
that  the  charges  be  answered  in  writing  within  a  time 
to  be  specified  by  the  commission.  If  the  person  or 
corporation  complained  of  shall  make  reparation  for  any 
injury  alleged  and  shall  cease  to  commit,  or  to  permit, 
the  violation  of  law,  franchise  or  order  charged  in  the 
complaint,  and  shall  notify  the  commission  of  that  fact 
before  the  time  allowed  for  answer,  the  commission  need 
take  no  further  action  upon  the  charges.  It,  however, 
the  charges  contained  in  such  petition  be  not  thus  satis- 
fled,  and  it  shall  appear  to  the  commission  that  there 
are  reasonable  grounds  therefor,  it  shall  investigate  such 
charges  in  such  manner  and  by  such  means  as  it  shall 
deem  proper,  and  take  such  action  within  its  powers 
as   the  facts  justify. 

3.  Whenever  either  commission  shall  Investigate  any 
matter  complained  of  by  any  person  or  corporation 
aggrieved  by  any  act  or  omission  of  a  common  carrier, 
railroad  corporation  or  street  railroad  corporation  under 
this  section  it  shall  be  its  duty  to  make  and  file  an  order 
either  dismissing  the  petition  or  complaint  or  directing 
the  common  carrier,  railroad  corporation  or  street  railroad 
corporation  complained  of  to  satisfy  the  cause  of  complaint 
in  whole  or  to  the  extent  which  the  commission  may 
specify  and  require. 

Commission  may  fix  reasonable  fares,  etc.  1.  Whenever 
either  commission  shall  be  of  opinion,  after  a  hearing 
had  upon  its  own  motion  or  upon  a  complaint,  that  the 
rates,  fares  or  charges  demanded,  exacted,  charged  or 
collected  by  any  common  carrier,  railroad  corporation 
or  street  railroad  corporation  subject  to  its  jurisdiction 
for  the  transportation  of  persons  or  property  within  the 
State,  or  that  the  regulation  of  persons  or  property 
within  the  State,  or  that  the  regulations  or  practices  of 
such  common  carrier,  railroad  corporation  or  street 
railroad  corporation  affecting  such  rates  are  unjust, 
unreasonable,  unjustly  discriminatory  or  unduly  prefer- 
ential, or  in  anywise  in  violation  of  any  provision  of 
law,  or  that  the  maximum  rates,  fares  or  charges,  charge- 
able by  any  such  common  carrier,  railroad  or  street 
railroad  corporation  are  insufficient  to  yield  reasonable 
compensation  for  the  service  rendered,  and  are  unjust 
and  unreasonable,  the  commission  shall  with  due  regard 
among  other  things  to  a  reasonable  average  return  upon 
the  value  of  the  property  actually  used  in  the  public  ser- 
vice and  to  the  necessity  of  making  reservation  out  of 
income  for  surplus  and  contingencies,  determine  the 
just  and  reasonable  rates,  fares  and  charges  to  be  there- 
after   observed    and    in    force    as    the    maximum    to    be 


954 


National  Association  of  Railway  Commissioners 


charged  for  the  service  to  be  performed,  notwithstanding 
that  a  higher  rate,  fare  or  charge  has  been  heretofore 
authorized  by  statute,  and  shall  fix  the  same  by  order 
to  be  served  upon  all  common  carriers,  railroad  corpo- 
rations or  street  railroad  corporations  by  whom  such 
rates,  fares  and  charges  are  thereafter  to  be  observed. 

Whenever  either  commission  shall  be  of  the  opinion, 
after  a  hearing  had  upon  its  own  motion,  or  upon  a 
complaint,  that  the  rates,  fares  or  charges  demanded, 
exacted,  charged  or  collected  by  any  common  carrier, 
railroad  corporation  or  street  railroad  corporation  subject 
to  its  jurisdiction  for  excursion,  school  or  family  com- 
mutation, commutation  passenger  tickets,  half  fare  tick- 
ets for  the  transportation  of  children  under  six  years  of 
age,  or  any  other  form  of  reduced  rate  tickets  for  the 
transportation  of  persons  within  the  State,  or  joint 
Interchangeable  mileage  tickets,  with  special  privileges 
as  to  the  amount  of  free  baggage  that  may  be  carried 
under  mileage  tickets  of  1,000  miles  or  more  within  the 
State,  or  that  the  regulations  or  practices  of  such  com- 
mon carrier,  railroad  corporation  or  street  railroad  cor- 
poration affecting  such  rates  are  unjust,  unreasonable, 
unjustly  discriminatory  or  unduly  preferential,  or  In 
anywise  in  violation  of  any  provision  of  law,  or  that 
the  maximum  rates,  fares  or  charges  collected  or  charged 
for  any  of  such  forms  of  reduced  fare  passenger  trans- 
portation tickets  by  any  such  common  carrier,  railroad 
or  street  railroad  corporation  are  insufficient  to  yield 
reasonable  compensation  for  the  service  rendered,  and 
are  unjust  and  unreasonable,  and  whenever  the  commis- 
sion shall  be  of  the  opinion,  after  a  hearing  had  upon 
its  own  motion  or  upon  a  complaint,  and  upon  investi- 
gation, that  the  sale  of  any .  form  or  forms  of  reduced 
fare  passenger  ticket  heretofore  sold  or  used  upon  any 
railroad  or  street  railroad  within  the  State  of  New 
York,  the  use  or  sale  or  which  ticket  or  tickets  has  been 
discontinued  within  five  years  prior  to  the  time  this 
Act  takes  effect,  will  be  just  and  reasonable  and  not 
in  violation  of  any  provisions  of  this  Act  or  other 
provision  of  law,  the  commission  shall,  with  due  re- 
gard, among  other  things,  to  a  reasonable  average  return 
upon  the  value  of  the  property  actually  used  in  the 
public  service  and  to  the  necessity  of  making  reservation 
out  of  income  for  surplus  and  contingencies,  determine 
the  just  and  reasonable  rates,  fares  and  charges  to  be 
thereafter  observed  and  enforced  as  the  maximum 
to  be  charged  for  such  mileage,  excursion,  school  or 
family  commutation,  commutation,  half  fare  or  any 
other  form  of  reduced  rate  tickets  for  the  transporta- 
tion of  persons,  or  joint  interchangeable  mileage  tickets 
with  special  privileges  as  aforesaid,  and  shall  order  the 
sale  and  use  thereof  to  be  restored,  of  any  of  the  kinds 
of  tickets  herein  specified  or  any  other  form  of  reduced 
rate  ticket  for  the  transportation  of  persons  within  the 
State,  upon  any  railroad  or  street  railroad  within  this 
State,  upon  which  railroad  or  street  railroad  any  such 
form  of  ticket  or  tickets  for  the  transportation  of  per- 
sons within  the  State,  have,  within  five  years  prior  to 
the  time  this  Act  takes  effect,  been  sold  or  used,  and 
shall  determine  and  prescribe  the  reasonable  and  just 
rates,  fares  and  charges  to  be  thereafter  observed  and 
enforced  as  the  maximum  to  be  charged  for  any  of  such 
form  of  ticket  or  tickets  for  the  transportation  of  per- 
sons within  the  State,  all  of  which  Acts  fixing  such 
rates,  fares  and  charges  or  requiring  the  restoration  of, 
sale  and  use  of  any  of  such  forms  of  ticket  or  tickets, 
shall  be  by  order  to  be  served  upon  all  common  carriers, 
railroad  corporations  street  railroad  corporations  by 
whom    such    rates,    fares    and    charges   or   restoration    of, 

•  sale  or  use  of,  such  ticket  or  tickets  are  thereafter  to 
be  observed.     (As  amended  1911.1 

2.  Whenever  the  commission  shall  be  of  opinion,  after 
a  hearing,  had  upon  its  own  motion  or  upon  complaint, 
that  the  regulations,  practices,  equipment,  appliances  or 
service  of  any  such  common  carrier,  railroad  corporation 
or  street  railroad  corporation  in  respect  to  transportation 

•  of  persons  or  property  within  the  State  are  unjust,  unrea- 
sonable, unsafe,  improper  or  inadequate,  the  commission 
shall  determine  the  just,  reasonable,  safe,  adequate  and 
proper  regulations,  practices,  equipment,  appliances  and 
service  thereafter  to  be  in  force,  to  be  observed  and  to  b9 
used  in  such  transportation  of  persons  and  property  and 
so  fix  and  prescribe  the  same  by  order  to  be  served  upon 
every  common  carrier,  railroad  corporation  and  street  rail- 


road corporation  to  be  bound  thereby;  and  thereafter  It 
shall  be  the  duty  of  every  common  carrier,  railroad  corpora- 
tion and  street  railroad  corporation  to  observe  and  obey 
each  and  every  requirement  of  every  such  order  so  served 
upon  it,  and  do  everything  necessary  or  proper  in  order 
to  secure  absolute  compliance  with  and  observance  of  every 
such  order  by  all  of  its  officers,  agents  and  employes. 

3.     The    commission    shall    have    power    by    order    to 
require  any  two  or  more  common   carriers,  railroad  cor- 
porations   or    street    railroad    corporations,    whose    lines, 
owned,  operated,  controlled  or  leased,  form  a  continuous 
or   connecting   line    of   transportation    or    could    be    mad© 
to  do  so  by  the  construction   and  maintenance  of  switch 
connection  or  interchange   track  at  connecting  points,  or 
by    transfer    of    property    or    passengers    at    connecting 
points,     to     establish     through     routes     and     joint     rates, 
fares    and    charges    for   the    transportation   of    passengers 
and    property  within   the   State   as   the    commission    may, 
by  its  order,  designate,  and  in  case  such  through  routes 
and  joint  rates   be  not   established   by   the    common    car- 
riers,   railroad    corporations   and    street   railroad    corpora- 
tions  named   in   any   such   order  within  the  time  therein 
specified,  the  commission  shall  establish  just  and  reason- » 
able    rates,    fares    and    charges    to    be    charged    for    sucKl 
through    transportation,    and    declare    the    portion   therecwj 
to    which    each    common    carrier,    railroad    corporation  oil 
street    railroad     corporation     affected    thereby     shall    b^l 
entitled    and    the    manner    in    which    the    same    shall    bij 
paid   and    secured;    and   the    commission   shall   also   haT4j 
power    in    the    same    proceeding,    or    in    a    separate    pr<^l 
ceeding  involving  any  rates,  fares  or  charges,  to  prescribil 
joint   rates   and   fares    and    charges    as   the    maximum    tol 
be    exacted    for    the    transportation    by   them    of    passenj  I 
gers  and  property  within  the  State,   and  to  require  suet 
common    carriers,    railroad    corporations    and    street    ralj  | 
road    corporations    affected    thereby    to    make    within 
specified    time    an    agreement    between    them    as   to    thi  ] 
portion  of  such  joint  rates,  fares  or  charge  to  which  eacS 
of   them    shall   be   entitled,   and    in   case   such    agi'eemen 
be   not   so   made   within   the   time   so   specified    the   coni  I 
mission   may   declare   by   supplemental   order   the   portiol 
thereof    to    which    each    common    carrier,    railroad    coi  I 
poration    or    street   railroad    corporation    affected    thereb;  1 
shall    be    entitled    and    the    manner    in    which    the    sami 
shall  be  paid  and  secured;   such  supplemental  order  shal 
take  effect  as   part  of  the   original   order  from  the   tim   [ 
such  supplemental  order  shall  become  effective. 

4.  If  the  commission  shall  be  of  the  opinion  tha 
through  cars  for  the  transportation  of  property  shouli 
be  operated  over  the  tracks  of  said  common  carrier! 
railroad  corporations  and  street  railroad  corporation 
and  that  switch  connection  or  interchange  track  at 
connecting  point,  if"  not  already  existing,  should  be  col 
structed  and  maintained  by  such  common  carriers,  ral 
road  corporations  and  street  railroad  corporations,  t 
the  end  that  property  may  be  carried  without  chang 
of  cars,  the  commission  shall  have  power  after  a  hea! 
ing  to  require  by  order  said  common  carriers,  railroa 
corporations  and  street  railroad  corporations  to  recei^ 
from  each  other  and  transport  for  each  other  such  cal 
over  each  other's  tracks  by  way  of  such  switch  col 
nection  or  interchange  track,  and  if  no  such  swito 
connection  or  interchange  track  exist  to  construct  as 
maintain  said  switch  connection  or  interchange  trad 
and  to  make  within  a  specified  time,  not  less  than  i 
days,  ap  agreement  between  them  as  to  the  terms  ( 
such  receipt  and  transportation  of  cars,  and,  If  I 
required  as  to  the  division  of  the  expense  of  sue 
construction  and  maintenance  of  switch  connection  ( 
interchange  track,  and  in  case  such  agreement  be  n( 
so  made  within  the  time  so  specified,  the  commisslo 
shall,  after  a  hearing,  declare  by  supplemental  ord< 
the  terms  and  conditions  upon  which  such  cars  shall  I 
received  and  transported,  and  if  so  required  the  portlc 
of  such  expense  to  which  each  common  carrier  or  cq 
poration  affected  thereby  shall  he  entitled  and  the  mai 
ner  in  which  any  sums  of  money  to  which  any  sue 
common  carrier  or  corporation  is  entitled  shall  be  pa^l 
and  secured,  and  such  supplemental  order  shall  taf 
effect  as  part  of  the  original  order  from  the  time  sue! 
supplemental  order  shall  become  effective.  Nothing  In 
this  subdivision  shall  be  construed  to  require  a  through 
route   between   railroad   corporations   and  street  railroad 


Public  Service  Laws 


955 


corporations    between    points    reached    by    such    railroad 
corporations. 

5.  Whenever  the  case  shall  relate  to  q,  joint  rate, 
fare  or  charge,  or  a  through  route  composed  of  a  street 
railroad  wholly  in  the  second  district  and  a  street  rail- 
road wholly  in  the  first  district,  or  partly  in  the  first 
and  partly  in  the  second  district,  the  proceeding  shall 
be  deemed  pending  before  both  commissions.  In  such 
case  and  in  every  other  case  arising  under  this  chapter, 
wherein  it  appears  to  both  commissions  that  separate 
jurisdiction  has  not  been  conferred,  a  joint  hearing 
shall  be  fixed  and  had  by  members  of  both  commissions, 
and  the  determination  shall  be  by  joint  order,  which 
shall  be  effective  <when  concurred  in  by  not  less  than 
three  members  of  each  commission,  anything  In  this 
chapter  to  the  contrary  notwithstanding.  In  any  such 
case  the  proceeding  may  be  instituted  by  or  before 
either  commission  and  the  entry  and  service  of  pre- 
liminary orders  may  be  by   such  commission. 

6.  Whenever  the  commission  shall  be  of  the  opinion, 
after  a  hearing,  that  the  practices  and  service  and  the 
rules  and  regulations  affecting  the  same  of  any  street 
railroad  corporation  which  is  within  its  jurisdiction  are 
as  to  transportation  upon  the  street  surface  railroads  of 
said  corporation  by  use  of  transfers  given  to  each  pas- 
senger paying  one  single  fare  unjust  and  unreasonable, 
either  as  to  persons  transported  upon  said  street  sur- 
face railroads  or  as  to  any  such  street  railroad  cor- 
poration, the  commission  shall  determine  and  prescribe 
by  order  the  just  and  reasonable  service  and  rules  and 
regulations  affecting  the  same  thereafter  to  be  main- 
tained and  observed  by  said  street  railroad  corporation 
(a)  as  to  the  distance  over  which  a  passenger  shall  by 
such  transfer  be  transported  by  it  upon  said  street  sur- 
face railroads  for  a  single  fare;  (b)  the  number  of  suc- 
cessive transfers  to  be  given  by  it  to  a  passenger  paying 
one  single  fare  for  transportation  over  said  street  sur- 
face railroads,  and  (c)  as  to  the  prompt  use  by  each 
passenger  of  such  transfer  given  him  for  one  single 
fare  paid  by  him  in  making  his  continuous  trip  over 
said  street  surface  railroads.  And  it  shall  thereupon  be 
the  duty  of  every  such  street  railroad  corporation  to 
obey  each  requirement  of  every  such  order  served  upon 
it  and  to  do  everything  necessary  and  proper  in  order 
to  secure  compliance  with  and  observance  of  every  such 
order  by  all  of  its  oflicers,  agents  and  employes.  But 
nothing  herein  contained  shall  affect  or  modify  the  terms 
of  a  certain  contract  bearing  date  January  1,  1892,  en- 
tered into  by  and  between  the  city  of  Buffalo  and  the 
various  street  surface  railroad  corporations  therein  named 
in  said  contract. 

7.  Until  and  except  as  the  public  service  commis- 
sion shall  otherwise  prescribe  as  to  any  street  railroad 
corporation  or  corporations  pursuant  to  the  provisions 
of  this  chapter,  every  street  surface  railroad  corporation 
entering  into  a  contract  with  another  such  corporation, 
as  provided  in  §  78  of  the  railroad  law,  shall  carry  or 
permit  any  other  party  thereto  to  carry  between  any 
two  points  on  the  railroads  or  portions  thereof  embraced 
in  such  contract  any  passenger  desiring  to  make  one 
continuous  trip  between  such  points  for  one  single  fare, 
not  higher  than  the  fare  lawfully  chargeable  by  either 
of  such  corporations  for  an  adult  passenger.  Every  such 
corporation  shall,  upon  demand,  and  without  extra  charge, 
give  to  each  passenger  paying  one  single  fare  a  transfer 
entitling  such  passenger  to  one  continuous  trip  to  any 
point  or  portion  of  any  railroad  embraced  in  such  con- 
tract, to  the  end  that  public  convenience  may  be  pro- 
moted by  the  operation  of  the  railroads  embraced  In 
such  contract  substantially  as  a  single  railroad  with  a 
single  rate  of  fare.  For  every  refusal  to  comply  with 
the  requirements  of  this  subdivision  the  corporation  so 
refusing  shall  forfeit  $50  to  the  aggrieved  party.  The 
provisions  of  this  subdivision  shall  only  apply  to  rail- 
roads wholly  within  the  limits  of  any  one  incorporated 
city  or  village. 

;        8.     No    passenger    joint    rate,    fare,    charge,    through 

!  route    or   transfer   shall    be    required    between    any    rapid 

transit   railroad   and    any  other   rapid   transit   railroad   or 

any   railroad    operated    as   a   street   surface    railroad,    nor 

between   a    street    surface   railroad    and   any   railroad    op- 

'  erated  wholly  by  steam,  or  any  railroad  operated  a  dis- 


tance  of   over   50    miles   partly    by   steam   and   partly   by 
electricity. 

Power  of  commissions  to  order  repairs  or  changes.  §  50. 
If,  in  the  judgment  of  the  commission  having  jurisdic- 
tion, additional  tracks,  switches,  terminals  or  terminal 
facilities,  stations,  motive  power  or  any  other  property, 
construction,  apparatus,  equipment,  facilities  or  device 
for  use  by  any  common  carrier,  railroad  corporation  or 
street  rilroad  corporation  or  in  connection  with  the 
transportation  of  passengers  or  property  ought  reasonably 
to  be  provided,  or  any  repairs  or  improvements  to  or 
changes  in  any  thereof  in  use  ought  reasonably  to  be 
made,  or  any  additions  or  changes  in  construction  should 
reasonably  be  made  thereto  in  order  to  promote  the 
security  or  convenience  of  the  public  or  employes,  or  In 
order  to  secure  adequate  service  or  facilities  for  the 
transportation  of  passengers  or  property,  the  commis- 
sion shall,  after  a  hearing,  either  on  its  own  motion 
or  after  complaint,  make  and  serve  an  order  directing 
such  repairs,  improvements,  changes  or  additions  to  be 
made  within  a  reasonable  time  and  in  a  manner  to  be 
specified  therein,  and  every  common  carrier,  railroad 
corporation  and  street  railroad  corporation  is  hereby 
required  and  directed  to  make  all  repairs,  improvements, 
changes  and  additions  required  of  It  by  any  order  of 
the  commission  served  upon  it.  If  any  repairs,  im- 
provements, changes  or  additions  which  the  commis 
Sim  has  determined  to  order  require  joint  action  bj 
two  or  more  Of  said  corporations,  the  commission  shall, 
before  entry  and  service  of  order,  notify  the  said  cor- 
porations that  such  repairs,  Improvements,  changes  or 
additions  will  be  required  and  that  the  same  shall  be 
made  at  their  joint  cost,  and  thereupon  the  said  cor- 
poration shall  have  30  days  or  such  longer  time  as  the 
commission  may  grant  within  which  to  agree  upon  the 
part  or  division  of  cost  of  such  repairs,  improvements, 
changes  or  additions  which  each  shall  bear.  If  at  the  expira- 
tion of  such  time  such  corporations  shall  fail  to  file  with 
the  commission  a  statement  that  an  agreement  has  been 
made  for  a  division  or  apportionment  of  such  repairs, 
improvements,  changes  or  additions  the  commission 
shall  have  authority,  after  further  hearing,  to  fix  in  its 
order  the  proportion  of  such  cost  or  expense  to  be  borne 
by  each  corporation  and  the  manner  in  which  the  same 
shall  be  paid  and  secured.  But  this  section  shall  not  be 
construed  to  authorize  the  commission  to  require  two 
or  more  railroad  corporations  to  unite  in  the  erection 
of  a  union  station. 

Power  of  commissions  to  order  changes  in  time  sched- 
ules— Running  of  additional  cars  and  trains.  §  51.  If,  In 
the  judgment  of  the  commission  having  jurisdiction,  any 
railroad  corporation  or  street  railroad  corporation  does 
not  run  trains  enough  or  cars  enough  or  possess  or 
operate  motive  power  enough,  reasonably  to  accommo- 
date the  traffic,  passenger  and  freight,  transported  by  or 
offered  for  transportation  to  it,  or  does  not  run  Its 
trains  or  cars  with  sufficient  frequency  or  at  a  reason- 
able or  proper  time  having  regard  to  safety,  or  does 
not  run  any  train  or  trains,  car  or  cars,  upon  a  reason- 
able time  schedule  for  the  run,  the  commission  shall, 
after  a  hearing  either  on  its  own  motion  or  after  com- 
plaint, have  power  to  make  an  order  directing  any  such 
railroad  corporation  or  street  railroad  corporation  to 
Increase  the  number  of  its  trains  or  of  Its  cars  or  its 
motive  power  or  to  change  the  time  for  starting  its 
trains  or  cars  or  to  change  the  time  schedule  for  the 
run  of  any  train  or  car  or  make  any  other  suitable  order 
that  the  commission  may  determine  reasonably  nec- 
essary to  accommodate  and  transport  the  traffic,  passen- 
ger or  freight,  transported  or  offered  for  transportation. 
Uniform  system  of  accounts — Access  to  accounts,  etc. — 
Forfeitures.  §  52.  Each  commission  may,  whenever  it 
deems  advisable,  establish  a  system  of  accounts  to  be 
used  by  railroad  and  street  railroad  corporations  or  other 
common  carriers  which  are  subject  to  its  supervision, 
or  may  classify  the  said  corporations  and  other  carriers 
and  prescribe  a  system  of  accounts  for  each  class,  and 
may  prescribe  the  manner  in  which  such  accounts  shall 
be  kept.  It  may  also  in  its  discretion  prescribe  the 
forms  of  accounts,  records  and  memoranda  to  be  kept 
by  such  corporations,  including  the  accounts,  records 
and  memoranda  of  the  movement  of  traffic  as  well  as 
the    receipts    and    expenditures    of    moneys.      Notice    of 


956 


National  Association  of  Railway  Commissioners 


alterations  by  the  commission  In  the  required  method 
or  form  of  keeping  a  system  of  accounts  shall  be  given 
to  such  persons  or  corporations  by  the  commission  at 
least  six  months  before  the  same  are  to  take  effect.  The 
system  of  accounts  established  by  the  commission  and 
the  forms  of  accounts,  records  and  memoranda  pre- 
scribed by  it,  as  provided  above,  shall  conform  In  the 
case  of  railroad  corporations  as  nearly  as  may  be  to 
those  from  time  to  time  established  and  prescribed  by 
the  Interstate  Commerce  Commission  under  the  pro- 
visions of  the  Act  of  congress  entitled  "An  Act  to 
regulate  commerce"  approved  February  4,  1887,  and  the 
Act  amendatory  thereof  or  supplementary  thereto.  The 
commission  shall  at  all  times  have  access  to  all  ac- 
counts, records  and  memoranda  kept  by  railroad  and 
street  railroad  corporations  and  by  common  carriers, 
and  may  designate  any  of  its  officers  or  employes  who 
shall  thereupon  have  authority  under  the  order  of  the 
commission  to  inspect  and  examine  any  and  all  accounts, 
records  and  memoranda  kept  by  such  corporations.  The 
commission  may,  after  hearing,  prescribe  by  order  the 
accounts  in  which  particular  outlays  and  receipts  shall 
be  entered,  charged  or  credited.  Where  the  commission 
has  prescribed  the  forms  of  accounts,  records  and 
memoranda  to  be  kept  by  such  corporations,  it  shall  be 
unlawful  for  them  to  keep  any  other  accounts,  records 
or  memoranda  than  those  so  prescribed,  or  those  pre- 
scribed by  or  under  authority  of  the  United  States.  Any 
employe  or  agent  of  the  commission  who  divulges  any 
fact  or  information  which  may  come  to  his  knowledge 
during  the  course  of  any  such  inspection  or  examination, 
except  in  so  far  as  he  may  be  directed  by  the  com- 
mission, or  by  a  court  or  judge  thereof,  or  authorized 
by  law,   shall  be  guilty  of  a  misdemeanor. 

Franchises  and  privileges.  §  53.  Without  first  having 
obtained  the  permission  and  approval  of  the  proper 
commission,  no  railroad  corporation,  street  railroad  cor- 
poration or  common  carrier  shall  begin  the  construction 
of  a  railroad  or  street  railroad,  or  any  extension  thereof, 
for  which  prior  to  the  time  when  this  Act  becomes  a 
law  a  certificate  of  public  convenience  and  necessity 
shall  not  have  been  granted  by  the  board  of  railroad 
commissioners  or  where  prior  to  said  time  said  cor- 
poration or  common  carrier  shall  not  have  become  en- 
titled by  virtue  of  its  compliance  with  the  provisions 
of  the  railroad  law  to  begin  such  construction;  nor, 
except  as  above  provided  in  this  section,  shall  any  such 
corporation  or  common  carrier  exercise  any  franchise  or 
right  under  any  provision  of  the  railroad  law,  or  of 
any  other  law,  not  heretofore  lawfully  exercised,  without 
first  having  obtained  the  permission  and  approval  of 
the  proper  commission.  The  commission  within  whose 
district  such  construction  is  to  be  made,  or  within 
whose  district  such  franchise  or  right  is  to  be  exercised, 
shall  have  power  to  grant  the  permission  and  approval 
herein  specified  whenever  it  shall,  after  due  hearing, 
determine  that  such  construction  or  such  exercise  of 
the  franchise  or  privilege  is  necessary  or  convenient 
for  the  public  service.  And  if  such  constructon  is  to  be 
made,  or  such  franchise  to  be  exercised  in  both  dis- 
tricts, the  approval  of  both  comtnissions  shall  be  secured. 

Transfer  of  franchises  or  stocks.  §  54  [as  amended  by 
Act  of  July  26,  1911].  1.  No  franchise  nor  any  right  to  or 
under  any  franchise  to  own  or  operate  a  railroad  or  street 
railroad  shall  be  assigned,  transferred  or  leased,  nor  shall 
any  contract  or  agreement  with  reference  to  or  effecting 
any  such  franchise  or  right  be  valid  or  of  any  force  or 
effect  whatsoever,  unless  the  assignment,  transfer,  lease, 
contract  or  agreement  shall  have  been  approved  by  the 
proper  commission.  The  permission  and  approval  of  the 
commission,  to  the  exercise  of  a  franchise  under  §  53,  of  to 
the  assignment,  transfer  or  lease  of  a  franchise  under  this 
section  shall  not  be  construed  to  revive  or  validate  any 
lapsed  or  invalid  franchise,  or  to  enlarge  or  add  to  the 
powers  and  privileges  contained  in  the  grant  of  any  fran- 
chise, or  to  waive  any  forfeiture. 

Purchase  of  stock  in  other  corporations.  2.  No  railroad 
corporation,  street  railroad  corporation,  or  electrical  corpo- 
ration, domestic  or  foreign,  shall  hereafter  purchase  or  ac- 
quire, take  or  hold,  any  part  of  the  capital  stock  of  any 
railroad  corporation  or  street  railroad  corporation  or  other 
common  carrier  organized  or  existing  under  or  by  virtue  of 
the  laws  of  this  State,  unless  authorized  so  to  do  by  the 


commission  empowered  by  this  Act  to  give  such  consent; 
and  save  where  stock  shall  be  transferred  or  held  for  the 
purpose  of  collateral  security  only  with  the  consent  of  the 
commission  empowered  by  this  chapter  to  give  such  con- 
sent, no  stock  corporation  of  any  description,  domestic  or 
foreign,  other  than  a  railroad  corporation,  street  railroad 
corporation,  or  electrical  corporation,  shall  purchase  or  ac- 
quire, take,  or  hold,  more  than  10  per  centum  of  the  total 
capital  stock  issued  by  any  railroad  corporation  or  street 
railroad  corporation  or  other  common  carrier  organized  or 
existing  under  or  by  virtue  of  the  laws  of  this  State,  except 
that  a  corporation  now  lawfully  holding  a  majority  of  the 
capital  stock  of  any  railroad  corporation  or  street  railroad 
corporation  may  with  the  consent  of  the  commission  acquire 
and  hold  the  remainder  of  the  capital  stock  of  such  railroad 
corporation  or  street  railroad  corporation  or  any  portion 
thereof.  Nothing  herein  contained  shall  be  construed  to 
prevent  the  holding  of  stock  heretofore  lawfully  acquired, 
or  to  prevent,  upon  the  surrender  or  exchange  of  said  stock 
pursuant  to  a  reorganization  plan,  the  purchase,  acquisition, 
taking  or  holding  of  a  proportionate  amount  of  stock  of  any 
new  corporation  organized  to  take  over,  at  foreclosure  or 
other  sale,  the  property  of  any  corporation  whose  stock  has 
been  thus  surrendered  or  exchanged.  Every  contract,  as- 
signment, transfer  or  agreement  for  transfer  of  any  stoik 
by  or  through  any  person  or  corporation  to  any  corporatioa. 
In  violation  of  any  provision  of  this  chapter,  shall  be  vo  d 
and  of  no  effect,  and  no  such  transfer  or  assignment  shall 
be  made  upon  the  books  of  any  such  railroad  corporation  or 
street  railroad  corporation,  or  shall  be  recognized  as  effe(t_ 
Ive  for  any  purpose.  The  power  conferred  by  this  sectUi"" 
to  approve  or  disapprove  a  transaction  relating  to  frsSL 
chises,  rights  or  stock  of  any  railroad  corporation  or  strei^ 
railroad  corporation,  or  other  common  carrier,  shall  be  et-, 
ercised  by  the  commission  which  is  authorized  by  this  chaj 
ter  to  approve  the  Issue  of  stock  by  such  railroad  corpo^i 
tlon  or  street  railroad  corporation. 

Approval  of  issues  of  stock,  londs  and  other  forms  i 
indebtedness.  §  55.  A  common  carrier,  railroad  corpo^ 
tlon  or  street  railroad  corporation  organized  or  existing,  | 
hereafter  incorporated,  under  or  by  virtue  of  the  lai| 
of  the  State  of  New  York,  may  issue  stocks,  bonds,  notf 
or  other  evidence  of  indebtedness,  payable  at  periods  : 
more  than  12  months  after  the  date  thereof,  when  n< 
essary  for  the  acquisition  of  property,  the  constructio 
completion,  extension  or  improvement  of  Its  facllitl* 
or  for  the  Improvement  or  maintenance  of  Its  servl 
or  for  the  discharge  or  lawful  refunding  of  its  obllj 
tions  or  for  the  reimbursement  of  moneys  actually  < 
pended  from  income  or  from  any  other  moneys  in  tl 
treasury  of  the  corporation  not  secured  by  or  obtain* 
from  the  issue  of  stocks,  bonds,  notes  or  other  evidei^ 
of  indebtedness  of  such  corporation,  within  five  yea 
next  prior  to  the  filing  of  an  application  with  the  prop 
commission  for  the  required  authorization,  for  any 
the  aforesaid  purposes  except  maintenance  of  servl 
and  except  replacements  in  cases  where  the  applica 
shall  have  kept  its  accounts  and  vouchers  of  su 
expenditure  in  such  manner  as  to  enable  the  comm 
slon  to  ascertain  the  amount  of  moneys  so  expend 
and  the  purposes  for  which  such  expenditure  was  mad 
Provided,  and  not  otherwise,  that  there  shall  have  bo 
secured  from  the  proper  commission  an  order  author 
Ing  such  issue,  and  the  amount  thereof  and  stating  t 
purposes  to  which  the  issue  or  proceeds  thereof  are 
be  applied,  and  that,  in  the  opinion  of  the  commissiq 
the  money,  property  or  labor  to  be  procured  or  pa 
for  by  the  issue  of  such  stock,  bonds,  notes  or  oth 
evidence  of  indebtedness  is  or  has  been  reasonably  i 
quired  for  the  purposes  specified  in  the  order,  and  th 
except  as  otherwise  permitted  in  the  order  in  the  ci 
of  bonds,  notes  and  other  evidence  of  Indebtedness,  sa 
purposes  are  not.  In  whole  or  In  part,  reasonal! 
chargeable  to  operating  expenses  or  to  income,  but  tl 
provision  shall  not  apply  to  any  lawful  Issue  of  stot 
to  the  lawful  execution  and  delivery  of  any  mortgSi 
or  to  the  lawful  issue  of  bonds  thereunder,  which  shi 
have  been  duly  aproved  by  the  board  of  railroad  com- 
missioners before  July  1,  1907.  Nothing  herein  cou' 
tained  shall  prohibit  the  commission  from  giving  its 
consent  to  the  issue  of  bonds,  notes  or  other  evidence 
of  indebtedness  for  the  reimbursement  of  moneys  here- 
tofore   actually    expended    from    income    for    any   of   the 


Public  Service  Laws 


957 


aforesaid  purposes,  except  maintenance  of  service  and 
replacements,  prior  to  five  years  next  preceding  the 
filing  of  an  application  therefor,  if,  in  the  judgment  of 
the  commission,  such  consent  should  be  granted:  Pro- 
vided, application  for  such  consent  shall  be  made  prior 
to  January  1,  1912.  For  the  purpose  of  enabling  it  to 
determine  whether  it  should  issue  such  an  order,  the 
commission  shall  make  such  inquiry  or  investigation, 
hold  such  hearings  and  examine  such  witnesses,  books, 
papers,  documents  or  contracts  as  it  may  deem  of  im- 
portance in  enabling  it  to  reach  a  determination.  Such 
corporation  shall  not,  without  the  consent  of  the  com- 
mission, apply  said  issue  or  any  proceeds  thereof  to 
any  purpose  not  specified  in  such  order.  Such  common 
carrier,  railroad  corporation  or  street  railroad  corporation 
may  issue  notes,  for  proper  corporate  purposes  and 
not  In  violation  of  any  provision  of  thiS'  chapter  or 
any  other  Act,  payable  at  periods  of  not  more  than 
twelve  months  without  such  consent,  but  no  such  notes 
shall,  in  whole  or  in  part,  directly  or  indirectly  be 
refunded,  by  any  issue  of  stock  or  bonds,  or  by  any 
evidence  of  indebtedness  running  for  more  than  twelve 
months  without  the  consent  of  the  proper  commission. 
Provided,  however,  that  the  commission  shall  have  no 
power  to  authorize  the  capitalization  of  any  franchise 
to  be  a  corporation  or  to  authorize  the  capitalization 
of  any  franchise  or  the  right  to  own,  operate  or  enjoy 
any  franchise  whatsoever  in  excess  of  the  amount  (ex- 
clusive of  any  tax  or  annual  charge)  actually  paid  to 
the  state  or  to  a  political  subdivision  thereof  as  the 
consideration  for  the  grant  of  such  franchise  or  right; 
nor  shall  the  capital  stock  of  a  corporation  formed  -by 
the  merger  or  consolidation  of  two  or  more  other  corpora- 
tions, exceed  the  sum  of  the  capital  stock  of  the  corpora- 
tions so  consolidated,  at  the  par  value  thereof,  or  such  sum 
and  any  additional  sum  actually  paid  In  cash;  nor  shall 
any  contract  for  consolidation  or  lease  be  capitalized 
in  the  stock  of  any  corporation  whatever;  nor  shall 
any  corporation  hereafter  issue  any  bonds  against  or 
as  a  lien  upon  any  contract  for  consolidation  or  merger. 
Whenever  it  shall  happen  that  any  railroad  corporation 
shall  own  or  operate  its  lines  in  both  districts  it  shall, 
under  this  section,  apply  to  the  commission  of  the  second 
district.  Whenever  it  shall  happen  that  any  street 
railroad  corporation  shall  own  or  operate  its  lines  in 
both  districts,  it  shall,  under  this  section,  apply  to  the 
commission  of  the  first  district.  Any  other  common 
carrier  not  operating  exclusively  in  the  first  district  shall 
apply  to  the  commission  of  the  second  district. 

Forfeitures — Penalties.  §  56.  1.  Every  common  carrier, 
railroad  corporation  and  street  railroad  corporation  and 
all  oflScers,  and  agents  of  any  common  carrier,  railroad 
corporation  or  street  railroad  corporation  shall  obey, 
observe  and  comply  with  every  order  made  by  the 
commission,  under  authority  of  this  chapter  so  long  as 
the  same  shall  be  and  remain  in  force.  Any  common 
carrier,  railroad  corporation  or  street  railroad  corpora- 
tion which  shall  violate  any  provision  of  this  chapter, 
or  which  fails,  omits  or  neglects  to  obey,  observe  or 
comply  with  any  order  or  any  direction  or  requirement 
of  the  commission,  shall  forfeit  to  the  people  of  the 
State  of  New  York  not  to  exceed  the  sum  of  $5,000 
for  each  and  every  offense;  every  violation  of  any  such 
order  or  direction  or  requirement,  or  of  this  chapter, 
shall  be  a  separate  and  distinct  offense,  and,  in  case 
of  a  continuing  violation,  every  day's  continuance  thereof 
shall  be  and  be  deemed  to  be  a  separate  and  distinct 
offense. 

2.  Every  officer  and  agent  of  any  such  common  car- 
rier or  corporation  who  shall  violate,  or  who  procures, 
aids  or  abets  any  violation  by  any  such  common  carrier 
or  corporation  of,  any  provision  of  this  chapter,  or  who 
shall  fail  to  obey,  observe  and  comply  with  any  order 
of  the  commission  or  any  provision  of  an  order  of  the 
commission,  or  who  procures,  aids  or  abets  any  such  com- 
mon carrier  or  corporation  in  its  failure  to  obey,  observe 
and  comply  with  any  such  order  or  provision,  shall  be 
guilty  of  a  misdemeanor. 

Summary  proceedings.  %  57.  Whenever  either  commis- 
sion shall  be  of  opinion  that  a  common  carrier,  railroad 
corporation  or  street  railroad  corijoratlon  subject  to  its 
supervision    is    failing   or   omitting   or   about    to    fail    or 


omit  to  do  anything  required  of  it  by  law  or  by  order 
of  the  commission,  or  is  doing  anything  or  about  to 
do  anything  or  permitting  anything  or  about  to  permit 
anything  to  be  done,  contrary  to  or  in  violation  of  law 
or  of  any  order  of  the  commission,  it  shall  direct  counsel 
to  the  commission  to  commence  an  action  or  proceeding 
in  the  Supreme  Court  of  the  State  of  New  York  in  the 
name  of  the  commission  for  the  purpose  of  having  such 
violations  or  threatened  violations  stopped  and  prevented 
either  by  mandamus  or  injunction.  Counsel  to  the  com- 
mission shall  thereupon  begin  such  action  or  proceeding 
by  a  petition  to  the  Supreme  Court  alleging  the  violation 
complained  of  and  praying  for  appropriate  relief  by  way 
of  mandamus  or  injunction.  It  shall  thereupon  be  the 
duty  of  the  court  to  specify  the  time,  not  exceeding 
twenty  days  after  service  of  a  copy  of  the  petition, 
within  which  the  common  carrier,  railroad  corporation 
or  street  railroad  corporation  complained  of  must  answer 
the  petition.  In  case  of  default  In  answer  or  after 
answer,  the  court  shall  Immediately  inquire  into  the 
facts  and  circumstances-  In  such  manner  as  the  court 
shall  direct  without  other  or  formal  pleadings,  and  with- 
out respect  to  any  technical  requirement.  Such  other 
persons  or  corporations  as  the  court  shall  deem  neces- 
sary or  proper  to  join  as  parties  In  order  to  make  Its 
order,  judgment  or  writs  effective,  may  be  joined  as 
parties  upon  application  of  counsel  to  the  commission. 
The  final  judgment  In  any  such  action  or  proceeding 
shall  either  dismiss  the  action  or  proceeding  or  direct 
that  a  writ  of  mandamus  or  an  injunction  or  both  issue 
as  prayed  for  in  the  petition  or  In  such  modified  or 
other  form  as  the  court  may  determine  will  afford  ap- 
propriate relief. 

Penalties  for  other  than  common  carriers.  §  58.  1.  Any 
corporation,  other  than  a  common  carrier,  railroad  cor- 
poration or  street  railroad  corporation,  which  shall  vio- 
late any  provision  of  this  chapter,  or  shall  fall  to  obey,' 
observe  and  comply  with  every  order  made  by  the  com- 
mission under  authority  of  this  chapter  so  long  as  the 
same  shall  be  and  remain  In  force,  shall  forfeit  to  the 
people  of  the  State  of  New  York  a  sum  not  exceeding 
$1,000  for  each  and  every  offense;  every  such  violation 
shall  be  a  separate  and  distinct  offense,  and  the  penalty 
or  forfeiture  thereof  shall  be  recovered  in  an  action  as 
provided  in   §  24  of  this   chapter. 

2  Every  person  who,  either  individually '  or  acting 
as"  an  officer  or  agent  of  a  corporation  other  than  a 
common  carrier,  railroad  corporation  or  street  railroad 
corporation,  shall  violate  any  provision  of  this  chapter, 
or  fail  to  obey,  observe  or  comply  with  any  order  made 
by  the  commission  under  this  chapter  so  long  as  the 
same  shall  be  or  remain  In  force,  or  who  shall  procure, 
aid  or  abet  any  such  corporation  in  its  violation  of  this 
chapter,  or  in  its  failure  to  obey,  observe  or  comply 
with   any   such   order,   shall   be   guilty  of  a  misdemeanor. 

3.  In  construing  and  enforcing  the  provisions  of  this 
chapter  relating  to  forfeitures  and  penalties  the  act  of 
any  director,  officer  or  other  person  acting  for  or  em- 
ployed by  any  common  carrier,  railroad  corporation,  street 
railroad  corporation  or  corporation,  acting  within  the 
scope  of  his  official  duties  or  employment,  shall  be  In 
every  case  and  be  deemed  to  be  the  act  of  such  common 
carrier,  railroad  corporation,  street  railroad  corporation 
or   corporation. 

Duties  of  commissions  as  to  interstate  traffic.  §  59.  Either 
commission  may  investigate  interstate  freight  or  passenger 
rates  or  interstate  freight  or  passenger  service  on  rail- 
roads within  the  State,  and  when  such  rates  are,  in  the 
opinion  of  either  commission,  excessive  or  discriminatory 
or  are  levied  or  laid  in  violation  of  the  Act  of  congress 
entitled  "An  Act  to  regulate  commerce,"  approved  Febru- 
ary 4,  1887,  and  the  Acts  amendatory  thereof  and  sup- 
plementary thereto,  or  In  conflict  with  the  rulings,  orders 
or  regulations  of  the  Interstate  Commerce  Commission, 
the  commission  may  apply  by  petition  to  the  Interstate 
Commerce  Commission  for  relief  or  may  present  to  the 
Interstate  Commerce  Commission  all  facts  coming  to  its 
knowledge,  as  to  violations  of  the  rulings,  orders  or 
regulations  of  that  commission  or  as  to  violations  of  the 
said  Act  to  regulate  commerce  or  Acts  amendatory  there- 
of or  supplementary  thereto. 


958 


National  Association  of  Railway  Commissioners 


ARTICLE  4. 

PBOVISIONS    RELATING    TO    GAS     COBPOBATIONS     AND    ELECTBICAL 
COBPOBATIONS — BEGULATION  OF  PBICE  OF  GAS  AND  ELECTRICITY. 

S  64.     Application   of  article. 

§  65.  Safe  and  adequate  service ;  just  and  reasonable 
charges;    unjust   discrimination;    unreasonable   preference. 

§  66.  General  powers  of  commissions  in  respect  to 
gas    and    electricity. 

S  67.    Inspection    of   gas    and   electric    meters. 

§  68.  Approval  of  incorporation  and  franchises ;  cer- 
tificate. 

§  69.  Approval  of  issue  of  stock,  bonds  and  other 
forms    of    indebtedness. 

§  70.    Approval  of  transfer  of  franchise. 

§  71.  Complaints  as  to  quality  and  price  of  gas  and 
electricity;  investigation  by  commission;  forms  of  com- 
plaints. 

§72.  Notice  and  hearing;  order  fixing  price  of  gas 
or   electricity,   or   requiring   improvements. 

S  73.     Forfeiture    for    noncompliance    with    order. 

§  74.     Summary    proceedings. 

§  75.  Defense  in  case  of  excessive  charge  for  gas  or 
electricity. 

f  76.     Jurisdiction. 

§  77.     Powers   of   local   officers. 

Application  of  article.  §  64.  This  article  shall  apply  to 
the  manufacture  and  furnishing  o£  gas  for  light,  heat  or 
power  and  the  furnishing  of  natural  gas  for  light,  heat 
or  power,  and  the  generation,  furnishing  and  transmis- 
sion  of  electricity  for   light,   heat   or  power. 

Safe  and  adequate  service — Just  and  reasonable  charges 
— Unjust  discrimination  —  Unreasonable  preference.  §  65. 
1.  Every  gas  corporation,  every  electrical  corporation  and 
every  municipality  shall  furnish  and  provide  such  serv- 
ice, instrumentalities  and  facilities  as  shall  be  safe  and 
adequate  and  in  all  respects  just  and  reasonable.  All 
charges  made  or  demanded  by  any  such  gas  corporation, 
electrical  corporation  or  municipality  for  gas,  electricity 
or  any  service  rendered  or  to  be  rendered,  shall  be  just 
and  reasonable  and  not  more  than  allowed  by  law  or 
by  order  of  the  commission  having  jurisdiction.  Every 
unjust  or  unreasonable  charge  made  or  demanded  for 
gas,  electricity  or  any  such  service,  or  in  connection 
therewith,  or  in  excess  of  that  allowed  by  law  or  by  the 
order   of   the   commission    is   prohibited. 

2.  No  gas  corporation,  electrical  corporation  or  mu- 
nicipality shall  directly  or  indirectly,  by  any  special 
rate,  rebate,  drawback  or  other  device  or  method,  charge, 
demand,  collect  or  receive  from  any  person  or  corpora- 
tion a  greater  or  less  compensation  for  gas  or  electricity 
or  for  any  service  rendered  or  to  be  rendered  or  in 
connection  therewith,  except  as  authorized  in  this  chapter, 
than  it  charges,  demands,  collects  or  receives  from  any 
other  person  or  corporation  for  doing  a  like  and  con- 
temporaneous service  with  respect  thereto  under  the 
same  or  substantially  similar  circumstances  or  condi- 
tions. 

3.  No  gas  corporation,  electrical  corporation  or  mu- 
nicipality shall  make  or  grant  any  undue  or  unreasonable 
preference  or  advantage  to  any  person,  corporation  or 
locality,  or  to  any  particular  description  of  service  in 
any  respect  whatsoever,  or  subject  any  particular  person, 
corporation  or  locality  or  any  particular  description  of 
service  to  any  undue  or  unreasonable  prejudice  or  dis- 
advantage in  any  respect  whatsoever. 

4.  Nothing  in  this  chapter  shall  be  taken  to  prohibit 
a  gas  corporation  or  electrical  corporation  from  estab- 
lishing a  sliding  scale  for  a  fixed  period  for  the  auto- 
matic adjustment  of  charges  for  gas,  electricity  or  any 
service  rendered  or  to  be  rendered  and  the  dividends  to 
be  paid  to  stockholders  of  such  gas  corporation  or  elec- 
trical corporation,  provided  that  the  sliding  scale  shall 
first  have  been  filed  with  and  approved  by  the  proper 
commission;  but  nothing  in  this  subdivision  shall  operate 
to  prevent  the  commission  after  the  expiration  of  such 
fixed  period  from  fixing  proper,  just  and  reasonable  rates 
and  charges  to  be  made  for  service  as  authorized  in  this 
article. 

General  powers  of  commissions  in  respect  to  gas  and 
electricity.  §  66.  Each  commission  shall  within  its  juris- 
diction: 

1.    Have   general   supervision   of  all  gas  corporations 


s 

I 


and  electrical  corporations  having  authority  under  any 
general  or  special  law  or  under  any  charter  or  franchise 
to  lay  down,  erect  or  maintain  wires,  pipes,  conduits, 
ducts  or  other  fixtures  in,  over  or  under  the  streets, 
highways  and  public  places  of  any  municipality,  for  the 
purpose  of  furnishing  or  distributing  gas  or  of  furnishing 
or  transmitting  electricity  for  light,  heat  or  power,  or 
maintaining  underground  conduits  or  ducts  for  electrical 
conductors,  and  all  gas  plants  and  electric  plants  owned, 
leased  or  operated  by  any  gas  corporation  or  electrical 
corporation. 

2.  Investigate  and  ascertain,  from  time  to  time,  the 
quality  of  gas  supplied  by  persons,  corporations  and 
municipalities;  examine  or  investigate  the  methods  em- 
ployed by  such  persons,  corporations  and  municipalities 
in  manufacturing,  distributing  and  supplying  gas  or  elec- 
tricity for  light,  heat  or  power  and  in  transmitting  the 
same,  and  have  power  to  order  such  reasonable  improve- 
ments as  will  best  promote  the  public  interest,  preserve 
the  public  health  and  protect  those  using  such  gas  or 
electricity  and  those  employed  in  the  manufacture  and 
distribution  thereof,  and  have  power  to  order  reasonabe 
improvements  and  extensions  of  the  works,  wires,  poles, 
lines,  conduits,  ducts  and  other  reasonable  devices,  apparatus 
and  property  of  gas  corporations,  electrical  corporatiois 
and  municipalities. 

3.  Have  power  by  order  to  fix  from  time  to  tiij 
standards  for  the  measurement  of  the  purity  or  illumina 
ing  power  of  gas  to  be  manufactured,  distributed  or  s(^ 
by  persons,  corporations  or  municipalities  for  lightin;" 
heating  or  power  purposes,  and  to  prescribe  from  tince 
to  time  the  efficiency  of  the  electric  supply  system,  (f 
the  current  supplied  and  of  the  lamps  furnished  by  th  e 
persons,  corporations  or  municipalities  generating  and 
selling  electric  current,  and  by  order  to  require  the  gj  s 
so  manufactured,  distributed  or  sold  to  equal  the  stand- 
ards so  fixed  by  it,  and  to  prescribe  from  time  to  tin  e 
the  reasonable  minimum  and  maximum  pressure  at  whic  i 
gas  shall  be  delivered  by  said  persons,  corporations  <  r 
municipalities.  For  the  purpose  of  determining  whethc  r 
the  gas  manufactured,  distributed  or  sold  by  such  person  ;, 
corporations  or  municipalities  for  lighting,  heating  ( r 
power  purposes  conforms  to  the  standards  of  illuminatic  ? 
power,  purity  and  pressure,  and  for  the  purpose  of  dete  - 
mining  whether  the  efficiency  of  the  electric  supply  sy  - 
tem,  of  the  current  supplied  and  of  the  lamps  furnishe  I 
conforms  to  the  orders  issued  by  the  commission,  tl  e 
commission  shall  have  power,  of  its  own  motion,  to  e  :- 
amine  and  investigate  the  plants  and  methods  employ*  3 
in  manufacturing,  delivering  and  supplying  gas  or  ele  - 
tricity,  and  shall  have  access  through  its  members  «  r 
persons  employed  and  authorized  by  it  to  make  su<  ti 
examinations  and  investigations  to  all  parts  of  the  man  i- 
facturing  plants  owned,  used  or  operated  for  the  man  i- 
facture,  transmission  or  distribution  of  gas  or  electrici  y 
by  any  such  i>erson,  corporation  or  municipality.  Ai  y 
employe  or  agent  of  the  commission  who  divulges  ar  y 
fact  or  information  which  may  come  to  his  knowledj  e 
during  the  course  of  any  such  insi)ection  or  examinatio  i, 
except  in  so  far  as  he  may  be  directed  by  the  commis; 
sion,  or  by  a  court  or  judge  thereof,  or  authorized  1 
law,  shall  be  guilty  of  a  misdemeanor.  | 

4.  Have  power,  in  its  discretion,  to  prescribe  ui  1 
form  methods  of  keeping  accounts,  records  and  boohs, 
to  be  observed  by  gas  corporations  and  electrical  cc  r- 
porations  and  by  municipalities  engaged  in  the  manu- 
facture, sale  and  distribution  of  gas  and  electricity  ti 
light,  heat  or  power.  It  may  also  in  its  discretion  vk\ 
scribe,  by  order,  forms  of  accounts,  records  and  menij 
randa  to  be  kept  by  such  persons,  corporations  ul 
municipalities.  Notice  of  alterations  by  the  comniissM 
in  the  required  method  or  form  of  keeping  a  system  J 
accounts  shall  be  given  to  such  persons  or  corporatidJ 
by   the  commission   at  least  six  months  before  the  saj|| 

shall    take    effect.     Any    other   and   additional    forms    

accounts,  records  and  memoranda  kept  by  such  corpora^ 
tion  shall  be   subject  to  examination  by  the  comniissif  ii 

5.  Examine  all  persons,  corporations  and  municipali- 
ties under  its  supervision  and  keep  informed  as  to  tlie 
methods,  practices,  regulations  and  property  employed 
by  them  in  the  transaction  of  their  business.  Whenever 
the  commission  shall  be  of  opinion,  after  a  hearing  had 
upon   its   own   motion   or  upon   complaint,   that  the   rates. 


Public  Service  Laws 


959 


or  charges  or  the  Acts  or  regulations  of  any  such  person, 
corporation  or  municipality  are  unjust,  unreasonable, 
unjustly  discriminatory  or  unduly  preferential  or  in  any- 
wise in  violation  of  any  provision  of  law,  the  commission 
shall  determine  and  prescribe  the  just  and  reasonable 
rates  and  charges  thereafter  to  be  in  force  for  the  serv- 
ice to  be  furnished  notwithstanding  that  a  higher  rate 
or  charge  has  heretofore  been  authorized  by  statute, 
and  the  just  and  reasonable  Acts  and  regulations  to  be 
done  and  observed;  and  whenever  the  commission  shall 
be  of  opinion,  after  a  hearing  had  upon  its  own  motion 
or  upon  complaint,  that  the  property,  equipment  or  appli- 
ances of  any  such  person,  corporation  or  municipality 
are  unsafe,  inefficient  or  inadequate,  the  commission 
shall  determine  and  prescribe  the  safe,  efficient  and 
adequate  property,  equipment  and  appliances  thereafter 
to  be  used,  maintained  and  operated  for  the  security 
and  accommodation  of  the  public  and  in  compliance  with 
the  provisions  of  law  and  of  their  franchises  and  charters. 

6.  Require  every  person  and  corporation  under  "its 
supervision  and  it  shall  be  the  duty  of  every  such  person 
and  corporation  to  file  with  the  commission  an  annual 
report,  verified  by  the  oath  of  the  president,  treasurer, 
general  manager  or  receiver,  if  any,  thereof.  The  veri- 
fication shall  be  made  by  said  official  holding  office  at 
the  time  of  the  filing  of  said  report,  ^and  if  not  made 
upon  the  knowledge  of  the  person  verifying  the  same 
shall  set  forth  the  sources  of  his  information  and  the 
grounds  of  his  belief  as  to  any  matters  not  stated  to  be 
verified  upon  his  knowledge.  The  report  shall  show  in 
Jetail  (a)  the  amount  of  its  authorized  capital  stock 
and  the  amount  thereof  issued  and  outstanding;  (b)  the 
amount  of  its  authorized  bonded  indebtedness  and  the 
amount  of  its  bonds  and  other  forms  of  evidence  of 
Indebtedness  issued  and  outstanding;  (c)  its  receipts  and 
exi>enditures  during  the  preceding  year;  (d)  the  amount 
paid  as  dividends  upon  its  stock  and  as  interest  upon 
its  bonds;  (e)  the  names  of  its  officers  and  the  aggre- 
gate amount  paid  as  salaries  to  them  and  the  amount 
paid  as  wages  to  its  employes;  (f)  the  location  of  its 
plant  or  plans  and  system,  with  a  full  description  of  its 
property  and  franchises,  stating  in  detail  how  each  fran- 
chise stated  to  be  owned  was  acquired;  and  (g)  such 
other  facts  pertaining  to  the  operation  and  maintenance 
of  the  plant  and  system,  and  the  affairs  of  such  person 
or  corporation  as  may  be  required  by  the  commission. 
Such  reports  shall  be  in  the  form,  cover  the  period  and 
be  filed  at  the  time  prescribed  by  the  commission.  The 
commission  may,  from  time  to  time,  make  changes  and 
additions  in  such  forms.  When  any  such  report  is  de- 
fective or  believed  to  be  erroneous,  the  commission  shall- 
notify  the  person,  corporation  or  municipality  making 
such  report  to  amend  the  same  within  a  time  prescribed 
by  the  commission.  Any  such  person  or  corporation  or 
municipality  which  shall  neglect  to  make  any  such  re- 
port or  which  shall  fail  to  correct  any  such  report  within 
the  time  prescribed  by  the  commission  shall  be  liable  to 
a  penalty  of  $100  and  an  additional  penalty  of  $100  for 
each  day  after  the  prescribed  time  for  which  it  shall 
neglect  to  file  or  correct  the  same,  to  be  sued  for  in  the 
name  of  the  people  of  the  State  of  New  York.  The 
amount  recovered  in  any  such  action  shall  be  paid  into 
the  State  treasury  and  be  credited  to  the  general  fund. 
The  commission  may  extend  the  time  prescribed  for 
cause    shown. 

7.  Require  each  municipality  engaged  in  operating 
any  works  or  systems  for  the  manufacture  and  supply- 
ing of  gas  or  electricity  to  make  an  annual  report  to 
the  commission,  verified  by  the  oath  of  the  general  man- 
ager or  superintendent  thereof,  showing  in  detail,  (a) 
the  amount  of  its  authorized  bonded  indebtedness  and 
the  amount  of  its  bonds  and  other  forms  of  evidence 
of  indebtedness  issued  and  outstanding  for  lighting  pur- 
poses; (b)  its  receipts  and  expenditures  during  the  pre- 
ceding year;  (c)  the  amount  paid  as  interest  upon  its 
itmnds  and  upon  other  forms  of  evidence  of  indebtedness; 
(d)  the  name  of  and  the  amount  paid  to  each  person 
receiving  a  yearly  or  monthly  salary,  and  the  amount 
paid  as  wages  to  employes;  (e)  the  location  of  its  plant 
land  system,  with  a  full  description  of  the  property;  and 
i(f)  such  other  facts  pertaining  to  the  operation  and 
maintenance  of  the  plant  and  system  as  may  be  required 
'by  the   commission.     Such  report  shaU  be  in  the  form. 


cover  the  period  and  be  filed  at  the  time  prescribed  by 
the    commission. 

8.  Have  power,  either  through  its  members  or  in- 
spectors or  employes  duly  authorized  by  it,  to  enter 
in  or  upon  and  to  inspect  the  property,  buildings,  plants, 
factories,  power-houses,  ducts,  conduits  and  offices  of 
any  of  such  corporations,  -persons  or  municipalities. 

9.  Have  power  to  examine  the  accounts,  books,  con- 
tracts, records,  documents  and  papers  of  any  such  cor- 
poration, person  or  municipality,  and  have  power,  after 
hearing,  to  prescribe  by  order  the  accounts  in  which 
particular  outlays  and  receipts  shall  be  entered,  charged 
or  credited.  * 

10.  Have  power  to  compel,  by  subpoena  duces  tecum, 
the  production  of  any  accounts,  hooks,  contracts,  records, 
documents,  memoranda  and  papers.  In  lieu  of  requiring  ' 
production  of  originals  by  subpoena  duces  tecum  the 
commission  or  any  commissioner  may  require  sworn 
copies  of  any  such  books,  records,  contracts,  documents 
and  papers,  or  parts  thereof,  to  be  filed  with  it.  The 
commission  may  require  of  all  such  corporations,  persons 
or  municipalities,  specific  answers  to  questions  upon 
which  the  commission  may  need  information,  and  may 
also  require  such  corporations,  persons  or  municipalities 
to  file  periodic  reports  in  the  form,  covering  the  period 
and  filed  at  the  time  prescribed  by  the  commission.  If 
such  corporation,  person  or  municipality  shall  fail  to 
make  specific  answer  to  any  question  or  shall  fail  to 
make  a  periodic  report  when  required  by  the  commission 
as  herein  provided  within  the  time  and  in  the  form  pre- 
scribed by  the  commission  for  the  making  and  filing  of 
any  such  report  or  answer,  such  corporation,  person  or 
the  officer  of  the  municipality  shall  forfeit  to  the  State 
the  sum  of  $100  for  each  and  every  day  it  shall  con- 
tinue to  be  in  default  with  respect  to  such  report  or 
answer.  Such  forfeiture  shall  be  recovered  in  an  action 
brought  by  the  commission  in  the  name  of  the  people 
of  the  State  of  New  York.  The  amount  recovered  in  any 
such  action  shall  be  paid  into  the  State  treasury  and  be 
credited  to  the  general  fund. 

11.  Have  power  in  all  parts  of  the  State,  either  as 
a  commission  or  through  its  members,  to  subpoena  wit- 
nesses, take  testimony  and  administer  oaths  to  witnesses 
in  any  proceding  or  examination  instituted  before  it,  or 
conducted  by  it  in  reference  to  any  matter  within  its 
jurisdiction  under  this  article. 

12.  Have  power  to  require  every  gas  corporation, 
electrical  corporation  and  municipality  to  file  with  the 
commission  and  to  print  and  keep  open  to  public  inspec- 
tion schedules  showing  all  rates  and  charges  made,  estab- 
lished or  enforced  or  to  be  charged  or  enforced,  all 
forms  of  contract  or  agreement  and  all  rules  and  regu- 
lations relating  to  rates,  charges  or  service  used  or  to 
be  used,  and  all  general  provileges  and  facilities  granted 
or  allowed  by  such  gas  corporation,  electrical  corporation 
or  municipality;  but  this  subdivision  shall  not  apply  to 
State,  municipal  or  federal  contracts.  Unless  the  com- 
mission otherwise  orders,  no  change  shall  be  made  in 
any  rate  or  charge,  or  in  any  form  of  contract  or  agree- 
ment or  any  rule  or  regulation  relating  to  any  rate, 
charge  or  service,  or  in  any  general  privilege  or  facility, 
which  shall  have  been  filed  and  published  by  a  gas 
corporation,  an  electrical  corporation  or  municipality  in 
compliance  with  an  order  of  the  commission,  except 
after  30  days'  notice  to  the  commission  and  publication 
for  30  days  as  required  by  order  of  the  commission,  which 
shall  plainly  state  the  changes  proposed  to  be  made  in  , 
the  schedule  then  in  force  and  the  time  when  the  change 
will  go  into  effect.  The  commission  for  good  cause 
shown  may  allow  changes  without  requiring  the  30  days' 
notice  under  such  conditions  as  it  may  prescribe.  No 
corporation  or  municipality  shall  charge,  demand,  collect 
or  receive  a  greater  or  less  or  different  compensation 
for  any  service  rendered  or  to  be  rendered  than  the 
rates  and  charges  applicable  to  such  services  as  specified 
in  its  schedule  filed  and  in  effect  at  the  time;  nor  shall 
any  corporation  or  municipality  refund  or  remit  in  any 
manner  or  by  any  device  any  portion  of  the  rates  or 
charges  so  specified,  nor  to  extend  to  any  person  or 
corporation  any  form  of  contract  or  agreement,  or  any 
rule  or  regulation,  or  any  provilege  or  facility,  except 
such  as  are  regularly  and  uniformly  extended  to  all 
persons  and  corporations  under  like  circumstances.     The 


960 


National  Association  of  Eailway  Commissioners 


commission  shall  have  power  to  prescribe  the  form  of 
every  such  schedule,  and  from  time  to  time  prescribe 
by  order  such  changes  in  the  form  thereof  as  may  be 
deemed  wise.  The  commission  shall  also  have  power  to 
establish  such  rules  and  regulations  to  carry  into  effect 
the  provisions  of  this  subdivision  as  it  may  deem  neces- 
sary, and  to  modify  or  amend  such  rules  or  regulations 
from  time  to  time. 

13.  In  case  any  electrical  corporation  or  gas  corpora- 
tion is  engaged  in  carrying  on  any  business  other  than 
owning,  operating  or  managing  a  gas  plant  or  an  electric 
plant,  which  other  business  is  not  otherwise  subject  to 
the  jurisdiction  of  the  commission,  and  is  so  conducted 
that  its  operations  are  to  be  substantially  kept  separate 
and  apart  from  the  owning,  operating,  managing  or  con- 
trolling of  such  gas  plant  or  electric  plant,  said  corpora- 
tion in  respect  of  such  other  business  shall  not  be  sub- 
ject to  any  of  the  provisions  of  this  chapter  and  shall 
not  be  required  to  procure  the  assent  or  authorization 
of  the  commission  to  any  Act  in  such  other  business  or 
to  make  any  report  in  respect  thereof.  But  this  sub- 
division shall  not  restrict  or  limit  the  powers  of  the 
commission  in  respect  to  the  owning,  operating,  manag- 
ing or  controlling  by  such  corporation  of  such  gas  plant 
or  electric  plant,  and  said  powers  shall  include  also  the 
right  to  inquire  as  to,  and  prescribe  the  apportionment 
of,  capitalization,  earnings,  debts  and  expenses  fairly  and 
justly  to  be  awarded  to  or  borne  by  the  ownership, 
operation,  management  or  control  of  such  gas  plant  or 
electric  plant  as  distinguished  from  such  other  business. 
In  any  such  case  if  the  owning,  operating,  managing  or 
controlling  of  such  gas  plant  or  electric  plant  by  any 
such  corporation  is  wholly  subsidiary  and  incidental  to 
the  other  business  carried  on  by  it  and  is  inconsiderable 
in  amount  and  not  general  in  its  character,  the  commis- 
sion may  by  general  rules  exempt  such  corporation  from 
making  full  reports  and  from  the  keeping  of  accounts 
as  to  such  subsidiary  and  incidental  business. 

Inspection  of  gas  and  electric  meters.  S  67.  1.  Each 
commission  shall  appoint  inspectors  of  gas  meters,  whose 
duty  it  shall  be  when  required  by  the  commission  to 
inspect,  examine,  prove  and  ascertain  the  accuracy  of 
any  and  all  gas  meters  used  or  intended  to  be  used  for 
measuring  or  ascertaining  the  quantity  of  gas  for  light, 
heat  or  power  furnished  by  any  person,  corporation  or 
municipality  to  or  for  the  use  of  any  person  or  persons 
and  when  found  to  be  or  made  to  be  correct,  the  in- 
spector shall  seal  all  such  meters  and  each  of  them 
with  some  suitable  device,  which  device  shall  be  re- 
corded in  the  office  of  the  secretary  of  State. 

2.  No  corporation,  person  or  municipality  shall  fur- 
nish, set  or  put  in  use  any  gas  meter  which  shall  have 
not  been  inspected,  proved  and  sealed  by  an  inspector 
of  the  commission. 

3.  Each  commission  shall  appoint  inspectors  of  elec- 
tric meters  whose  duty  it  shall  be,  when  required  by 
the  commission,  to  inspect,  examine  and  ascertain  the 
accuracy  of  any  and  all  electric  meters  used  or  intended 
to  be  used  for  measuring  and  ascertaining  the  quantity 
of  electric  current  furnished  for  light,  heat  or  power 
by  any  person,  corporation  or  municipality  to  or  for  the  use 
of  any  person  or  corporation,  and  to  Inspect,  examine 
and  ascertain  the  accuracy  of  all  apparatus  for  testing 
and  proving  the  accuracy  of  electric  meters,  and  when 
found  to  be  or  made  to  be  correct  the  Inspector  shall 
stamp  or  mark  all  such  meters  and  apparatus  with 
some  suitable  device,  which  device  shall  be  recorded 
in  the  office  of  the  secretary  of  State.  No  corporation, 
person  or  municipality  shall  furnish,  set  or  put  in  use 
any  electric  meter  the  type  of  which  shall  not  have 
been  approved  by  the  commission. 

4.  Every  gas  corporation,  electrical  corporation  and 
municipality  shall  provide,  repair  and  maintain  such 
suitable  premises  and  apparatus  and  facilities  as  may 
be  required  and  approved  by  the  commission  for  testing 
and  proving  the  accuracy  of  gas  and  electric  meters 
furnished  for  use  by  it,  and  by  which  apparatus  every 
meter  may  be   tested. 

5.  If  any  consumer  to  whom  a  meter  has  been  fur- 
nished shall  request  the  commission  in  writing  to  inspect 
such  meter,  the  commission  shall  have  the  same  in- 
spected and  tested;  if  the  same  on  being  so  tested  shall 
•le  found  to  be  more  than  four  per  centum  if  an  electric 


meter,  or  more  than  two  per  centum  if  a  gas  meter, 
defective  or  incorrrect  to  the  prejudice  of  the  consumer, 
the  expense  of  such  inspection  and  test  shall  be  borne 
by  the  corporation  or  municipality,  if  the  same  on  being 
so  tested  shall  be  found  to  be  correct  within  the  limits 
of  error  prescribed  by  the  provisions  of  this  subdivision, 
the  expense  of  such  inspection  and  test  shall  be  borne 
by   the   consumer. 

G.  The  commission  shall  prescribe  such  rules  and 
regulations  to  carry  into  effect  the  provisions  of  this 
section  as  it  may  deem  necessary,  and  shall  fix  uniform 
reasonable  charges  for  the  inspection  and  testing  of 
meters   upon   complaint. 

Approval  of  incorporation  and  franchises- — Certificate. 
§  68.  No  gas  corporation  or  electrical  corporation  shall 
begin  construction  of  a  gas  plant  or  electric  plant  with- 
out first  having  obtained  the  permission  and  approval 
of  the  commission  of  each  district  within  which  any 
part  of  the  work  of  construction  is  to  be  performed. 
No  such  corporation  shall  exercise  any  right  or  privilege 
under  any  franchise  hereafter  granted,  or  under  my 
franchise  heretofore  granted  but  not  heretofore  actually 
exercised,  or  the  exercise  of  which  shall  have  been 
suspended  for  more  than  one  year,  without  first  having 
obtained  the  permission  and  approval  of  the  proper 
commission.  Before  such  certificate  shall  be  issueii  a 
ceryfled  copy  of  the  charter  of  such  corporation  shall 
be  filed  in  the  office  of  the  commission,  together  v  ith 
a  verified  statement  of  the  president  and  secretary  of 
the  corporation,  showing  that  it  has  received  the  re- 
quired consent  of  the  proper  municipal  authorities,  "he 
commission  within  whose  district  such  construction  is 
to  be  made,  or  within  whose  district  such  right,  privilege 
or  franchise  is  to  be  exercised,  shall  have  power  to  gnnt 
the  permission  and  approval  herein  specified  whenever 
it  shall,  after  due  hearing,  determine  that  such  con- 
struction or  such  exercise  of  the  right,  privilege  or 
franchise  is  necessary  or  convenient  for  the  pu'ili^ 
service.  ,  flj 

No  municipality  shall  build,  maintain  and  oPOi^B 
for  other  than  municipal  purposes  any  works  or  ;  jnH 
terns  for  the  manufacture  nnd  supplying  of  gas  or  e  ec- 
tiicity  for  lighting  purposes  without  a  certificate  of 
authority  granted  by  the  commission.  If  the  certifl^  ate 
of  authority  is  refused,  no  further  proceedings  shall  be 
taken  by  such  municipality  before  the  commission,  nit 
a  new  "application  may  be  made  therefore  after  >^ 
year  from  tha  date  of  such  refusal.  i  M 

Approval  of  issues  of  stock,  bonds  and  other  formi  wf^ 
indebtedness.  §  69.  A  gas  corporation  or  electrical  co  po- 
ration  organized  or  existing,  or  hereafter  incorpora  ed, 
under  or  by  virtue  of  the  laws  of  the  State  of  >  ew 
York,  may  issue  stocks,  bonds,  notes  or  other  evide  ice 
of  indebtedness  payable  at  periods  of  more  than  12 
months  after  the  date  thereof,  when  necessary  for  the 
acquisition  of  property,  the  construction,  complet  on, 
extension  or  improvement  of  its  plant  or  distribui  ing 
system,  or  for  the  improvement  or  maintenance  of  its 
service  or  for  the  discharge  or  lawful  refunding  of  its 
obligations  or  for  the  reimbursement  of  moneys  actu  illy 
expended  from  income  or  from  any  other  moneys  in  the 
treasury  of  the  corixsration  not  secured  or  obtained  f:  cm 
the  issue  of  stocks,  bonds,  notes  or  other  evidence  of 
indebtedness  of  such  corporation,  within  five  years  i  ext 
prior  to  the  filing  of  an  application  with  the  proper  c  jm- 
mission  for  the  required  authorization,  for  any  of  the 
aforesaid  purposes  except  maintenance  of  service  ind 
except  replacements  in  cases  where  the  applicant  s  lall 
have  kept  its  accounts  and  vouchers  of  such  expe  idi- 
ture  in  such  manner  as  to  enable  the  commission  to 
ascertain  the  amount  of  moneys  so  expended  and  the 
purposes  for  which  such  expenditure  was  made;  provided 
and  not  otherwise  that  there  shall  have  been  sect  red 
from  the  proper  conmiission  an  order  authorizing  such 
issue,  and  the  amount  thereof,  and  stating  the  purposes 
to  which  the  issue  or  proceeds  thereof  are  to  be  applied, 
and  that,  in  the  opinion  of  the  commission,  the  money, 
property  or  labor  to  be  procured  or  paid  for  by  the 
issue  of  such  stock,  bonds,  notes  or  other  evidence  of 
indebtedness  is  or  has  been  reasonably  required  for  the 
purposes  specified  in  the  order,  and  that  except  as  other- 
wise permitted  in  the  order  in  the  case  of  bonds,  notes 
and   other   evidence   of  indebtedness,   such   purposes   are 


I'uJJLic  Sebvicte  Laws 


yoi 


not  in  whole  or  in  part  reasonably  chargeable  to  oper- 
ating expenses  or  to  income.  Nothing  herein  contained 
shall  prohibit  the  commission  from  giving  its  consent  to 
the  issue  of  bonds,  notes  or  other  evidence  of  indebted- 
ness for  the  reimbursement  of  moneys  heretofore  actu- 
ally expended  from  income  for  any  of  the  aforesaid  pur- 
poses, except  maintenance  of  service  and  replacements, 
prior  to  five  years  next  preceding  the  filing  of  an  appli- 
cation therefor,  if  in  the  Judgment  of  the  commission 
such  consent  should  be  granted;  provided  application  for 
such  consent  shall  be  made  prior  to  January  1,  1912. 
For  the  purpose  of  enabling  it  to  determine  whether  it 
should  issue  such  an  order,  the  commission  shall  make 
such  inquiry  or  investigation,  hold  such  hearings  and 
examine  such  witnesses,  books,  papers,  documents  or 
contracts  as  it  may  deem  of  importance  in  enabling  it 
to  reach  a  determination.  Such  corporation  shall  not 
without  the  consent  of  the  commission  apply  said  issue 
or  any  proceeds  thereof  to  any  purpose  not  specified  in 
such  order.  Such  gas  corporation  or  electrical  corpora- 
tion may  issue  notes,  for  proper  corporate  purposes  and 
not  in  violation  of  any  provision  of  this  or  of  any  other 
Act,  payable  at  periods  of  not  more  than  12  months,  with- 
out such  consent;  but  no  such  notes  shall,  in  whole 
or  in  part,  directly  or  indirectly  be  refunded  by  any  issue 
of  stock  or  bonds  or  by  any  evidence  of  indebtedness 
running  for  more  than  12  months  without  the  consent 
of  the  proper  commission.  Provided,  however,  that  the 
commission  shall  have  no  power  to  authorize  the  capital- 
ization of  any  franchise  to  be  a  corporation  or  to  author- 
ize the  capitalization  of  any  franchise  or  the  right  to 
own,  operate  or  enjoy  any  franchise  whatsoever  In 
excess  of  the  amount  (exclusive  of  any  tax  or  annual 
charge)  actually  paid  to  the  State  or  to  any  political 
subdivision  thereof  as  the  consideration  for  the  grant 
of  such  franchise  or  right.  Nor  shall  the  capital  stock 
of  a  corporation  formed  by  the  merger  or  consolidation 
of  two  or  more  other  corporations  exceed  the  sum  of 
the  capital  stock  of  the  corporation  so  consolidated, 
at  the  par  value  thereof,  or  such  sum  and  any  additional 
sum  actually  paid  in  cash;  nor  shall  any  contract  for 
consolidation  or  lease  be  capitalized  in  the  stock  of  any 
corporation  whatever;  nor  shall  any  corporation  here- 
after issue  any  bonds  against  or  as  a  lien  upon  any  con- 
tract for   consolidation   or  merger. 

Approval  of  transfer  of  franchise.  §  70.  No  gas  corpo- 
ration or  electrical  corporation  shall  transfer  or  lease  its 
franchise,  works  or  system  or  any  part  of  such  franchise, 
works  or  system  to  any  other  person  or  corporation  or  con- 
tract for  the  operation  of  its  works  and  system,  without  the 
written  consent  of  the  proper  commission.  The  permission 
and  approval  of  the  commission,  to  the  exercise  of  a  fran- 
chise under  section  68  of  this  chapter,  or  to  the  assign- 
ment, transfer  or  lease  of  a  franchise  under  this  sec- 
tion shall  not  be  construed  to  revive  or  validate  any  lapsed 
or  invalid  franchise  or  to  enlarge  or  add  to  the  powers  and 
privileges  contained  in  the  grant  of  any  franchise  or  to 
waive  any  forfeiture.  No  such  corporation  shall  directly  or 
indirectly  acquire  the  stock  or  bonds  of  any  other  corpora- 
tion incorporated  for,  or  engaged  in,  the  same  or  a  similar 
business,  or  proposing  to  operate  or  operating  under  a  fran- 
chise from  the  same  or  any  other  municipality,  neither 
shall  any  street  railroad  corporation  acquire  the  stock  or 
bonds  of  any  electrical  corporation,  unless  authorized  so  to 
do  by  the  commission.  Save  where  stock  shall  be  trans- 
ferred or  held  for  the  purpose  of  collateral  security  only 
with  the  consent  of  the  commission  empowered  by  this 
chapter  to  give  such  consent,  no  stock  corporation  of  any 
description^  domestic  or  foreign,  other  than  a  gas  corpora- 
tion or  electrical  corporation  or  street  railroad  corporation, 
shall  purchase  or  acquire,  take  or  hold,  more  than  10  per 
centum  of  the  total  capital  stock  issued  by  any  gas  corpo- 
ration or  electrical  corporation  organized  or  existing  under 
or  by  virtue  of  the  laws  of  this  State,  except  that  a  corpora- 
tion now  lawfully  holding  a  majority  of  the  capital  stock  of 
any  gas  corporation  or  electrical  corporation  may  with  the 
consent  of  the  commission  acquire  and  hold  the  remainder 
of  the  capital  stock  of  such  gas  corporation  or  electrical 
corporation  or  any  portion  thereof.  Nothing  herein  con- 
tained shall  be  construed  to  prevent  the  holding  of  stock 
heretofore  lawfully  acquired,  or  to  prevent,  upon  the  sur- 
render or  exchange  of  said  stock  pursuant  to  a  reorganiza- 
tion plan,  the  purchase,  acquisition,  taking  or  holding  of  a 
proportionate  amount  of  stock  of  any  new  corporation  or- 


ganized to  take  over,  at  foreclosure  or  other  sale,  the  prop- 
erty of  any  corporation  whose  stock  has  been  thus  sur- 
rendered or  exchanged.  Every  contract,  assignment,  trans- 
fer or  agreement  for  transfer  of  any  stock  by  or  through 
any  person  or  corporation  to  any  corporation,  in  violation 
of  any  provision  of  this  chapter  shall  be  void  and  of  no 
effect,  and  no  such  transfer  or  assignment  shall  be  made 
upon  the  books  of  any  such  gas  corporation,  or  electrical 
corporation,  or  shall  be  recognized  as  effective  for  any  pur- 
pose. 

Complaints  as  to  quality  and  price  of  gas  and  electricity 
— Investigation  by  commission— Forms  of  complaints.  §  71. 
Upon  the  complaint  in  writing  of  the  mayor  of  a  city, 
the  trustees  of  a  village  or  the  town  board  of  a  town 
in  which  o.  person  or  corporation  is  authorized  to  manu- 
facture, sell  or  supply  gas  or  electricity  for  heat,  light 
or  power,  or  upon  the  complaint  in  writing  of  not  less 
than  100  customers  or  purchasers  of  such  gas  or  elec- 
tricity in  cities  of  the  first  or  second  class,  or  of  not 
less  than  50  in  cities  of  the  third  class,  or  of  not  less 
than  25  elsewhere,  or  upon  complaint  of  a  gfe  corpora- 
tion or  electrical  corporation  supplying  said  gas  or  elec- 
tricity, as  to  the  illuminating  power,  purity,  pressure  or 
price  of  gas,  the  efficiency  of  the  electric  incandescent 
lamp  supply,  the  voltage  of  the  current  supplied  for 
light,  heat  or  power,  or  price  of  electricity  sold  and 
delivered  in  such  municipality,  the  proper  commission 
shall  investigate  as  to  the  cause  for  such  complaint. 
When  iuch  complaint  is  made,  the  commission  may,  by 
its  agents,  examiners  and  inspectors,  inspect  the  works, 
system,  plant,  devices,  appliances  and  methods  used  by 
such  pel  son  or  corporation  in  manufacturing,  transmit- 
ting and  supilying  such  gas  or  electricity,  and  may 
examine  i;:r  canse  to  be  examined  the  books  and  papers 
of  such  person  or  corporation  pertaining  to  the  manu- 
facture, sale,  transmitting  and  supplying  of  such  gas  or 
electricity.  The  form  and  contents  of  complaints  made  as 
provided  in  this  section  shall  be  prescribed  by  the  com- 
mission. Such  complaints  shall  be  signed  by  the  ofllcers, 
or  by  the  customers,  purchasers  or  subscribers  making 
them,  who  must  add  to  their  signatures  their  places  of 
residence,   by   street  and   number,   if  any. 

Notice  and  hearing — Order  fixing  price  of  gas  or  elec- 
tricity, or  requiring  improvement.  §  72.  Before  proceed- 
ing under  a  complaint  presented  as  provided  in  §  71,  the 
commission  shall  cause  notice  of  such  complaint,  and 
the  purpose  thereof,  to  be  served  upon  the  person  or 
corporation  affected  thereby.  Such  person  or  corpora- 
tion shall  have  an  opportunity  to  be  heard  in  respect  to 
the  matters  complained  icif  at  a  time  and  place  lo  hfc 
specified  in  such  noticf;.  An  investigation  may  be  insti- 
tuted by  the  commission  as  to  any  matter  of  which  com- 
plaint may  be  made,  as  provided  in  §  71  of  this  chapter, 
or  to  enable  It  to  ascertain  the  facts  requisite  to  the 
exercise  of  any  jiower  conferred  upon  it.  After  a  hear- 
ing and  after  such  an  investigation  as  s'lall  have  been 
made  by  the  commission  or  its  officers,  agents,  exanunerd 
or  inspectors,  the  commission  within  lawful  limits  may, 
by  order,  fix  the  maximum  price  of  gas  or  electricity  not 
exceeding  that  fixed  by  statute  to  be  charged  by  such 
corporation  or  person,  for  the  service  to  be  furnished; 
and  may  order  such  improvement  in  the  manufacture, 
distribution  or  supply  of  gas,  in  the  manufacture,  trans- 
mission or  supply  of  electricity,  or  in  the  methods  em- 
ployed by  such  person  or  corporation,  as  will  in  its  judg- 
ment be  adequate,  just  and  reasonable.  The  price  fixed 
by  the  commission  under  this  section  or  under  subdivi- 
sion five  of  §  66  shall  be  the  maximum  price  to  be  charged 
by  such  person,  corporation  or  municipality  for  gas  or 
electricity  for  the  service  to  be  furnished  within  the 
territory  and  for  a  period  to  be  fixed  by  the  commission 
in  the  order,  not  exceeding  three  years  except  in  the 
case  of  a  sliding  scale,  and  thereafter  until  the  com- 
mission shall,  upon  its  own  motion  or  upon  the  complaint 
of  any  corporation,  person  or  municipality  interested, 
fix  a  higher  or  lower  maximum  price  of  gas  or  electricity 
to  be  thereafter  charged.  In  determining  the  price  to 
be  charged  for  gas  or  electricity  the  commission  may 
consider  all  facts  which  in  its  judgment  have  any  bearing 
upon  a  proper  determination  of  the  question  although 
not  set  forth  in  the  complaint  and  not  within  the  alle- 
gations  contained    therein,   with   due   regard   among  other 


962 


National  Association  of  Railway  Commissioners 


things  to  a  reasonable  average  return  upon  capital  actu- 
ally expended  and  to  the  necessity  of  making  reserva- 
tions out  of  income  for  surplus  and  contingencies. 

r  Forfeiture  /<""  non-compliance  with  order.  §  <3.  Every 
rgiiS  corporation  and  electrical  corporation  and  the  offl- 
•cers,  agents  and  employes  .  thereof  shall  obey,  observe 
-and  comply  with  every  order  made  by  the  commission 
under  authority  of  this  chapter  so  long  as  the  same 
«hall  be  and  remain  in  force.  Any  such  person  or  cor- 
poration, or  any  officer,  agent  or  employe  thereof,  who 
■knowingly  fails  or  neglects  to  obey  or  comply  with  such 
order,  or  any  provision  of  this  chapter,  shall  forfeit  to 
the  State  of  New  York  not  to  exceed  the  sum  of  $1,000 
.for  each  offense.  Every  distinct  violation  of  any  such 
order  or  of  this  chapter  shall  be  a  separate  and  distinct 
offense,  and  in  case  of  a  continuing  violation  each  day 
shall   be  deemed   a  separate   and   distinct  offense. 

Summary  proceedings.  §  74.  Whenever  either  commis- 
sion shall  be  of  opinion  that  a  gas  corporation,  electrical 
corporatign  or  municipality  within  its  jurisdiction  is 
failing  or  omitting  or  about  to  fail  or  omit  to  do  anything 
required  of  it  by  law  or  by  order  of  the  commission  or 
is  doing  anything  or  about  to  do  anything  or  permitting 
anything  or  about  to  permit  anything  to  be  done,  con- 
trary to  or  in  violation  of  law  or  of  any  order  of  the 
commission,  it  shall  direct  counsel  to  the  commission 
to  commence  an  action  or  proceeding  in  the  Supreme 
Court  of  the.  State  of  New  York  in  the  name  of  the 
commission  for  the  purpose  of  having  such  violations 
or  threatened  violations  stopped  and  prevented  either 
by  mandamus  or  injunction.  Counsel  to  the  commission 
shall  thereupon  begin  such  action  or  proceeding  by  a 
petition  to  the  Supreme  Court  alleging  the  violation 
complained  of  and  praying  for  appropriate  relief  by  way 
of  mandamus  or  injunction.  It  shall  thereupon  be 
the  duty  of  the  court  to  specify  the  time  not  exceeding 
20  days  after  service  of  a  copy  of  the  petition  within 
which  the  gas  corporation,  electrical  corporation  or  mu- 
nicipality complained  of  must  answer  the  petition.  In 
case  of  default  in  answer  or  after  answer,  the  court 
shall  immediately  inquire  into  the  facts  and  circum- 
stances in  such  manner  as  the  court  shall  direct  without 
other  or  formal  pleadings,  and  without  respect  to  any 
technical  requirement.  Such  other  persons  or  corpora- 
tions, as  it  shall  seem  to  the  court  necessary  or  proper 
to  join  as  parties  in  order  to  make  its  order,  judgment 
or  writs  effective,  may  be  joined  as  parties  upon  appli- 
cation of  -counsel  to  the  commission.  The  final  judg- 
ment in  any  such  action  or  proceeding  shall  either  dis- 
miss the  action  or  proceeding  or  direct  that  a  writ  of 
mandamus  or  an  injunction  or  both  issue  as  prayed  for 
In  the  petition  or  in  such  modified  or  other  form  as  the 
court  may   determine   will   afford   appropriate   relief. 

Defense  in  case  of  excessive  charges  for  gas  or  electric- 
ity'. §  75.  If  it  be  alleged  and  established  In  an  action 
brought  in  any  court  for  the  collection  of  any  charge  for 
gas  or  electricity,  that  a  price  has  been  demanded  in 
excess  of  that  fixed  by  the  commission  or  by  statute  in 
the  municipality  wherein  the  action  arose,  no  recovery 
shall  be  had  therein,  but  the  fact  that  such  excessive 
charges  have  been  made  shall  be  a  complete  defense  to 
such   action. 

Jurisdiction.  §  76.  The  words  "proper  commission," 
when  used  in  this  article,  mean  the  commission  of  the 
district  within  which  the  person  or  corporation  affected 
supplies  or  proi>oses  to  supply  the  whole  or  the  greater 
part  of  the  service  rendered  by  it.  But  nothing  herein 
contained  shall  be  construed  to  deprive  the  commission 
of  either  district  of  the  power  of  supervision  and  regu- 
lation within  its  district.  And  either  commission  shall 
have  power  to  enter  and  inspect  the  plant  of  such  cor- 
poration,   wherever    situated. 

Powers  of  local  officers.  §  77.  If  in  any  city  of  the  first 
or  second  class  there  now  exists  or  shall  hereafter  be 
created  a  board,  body  or  officer  having  jurisdiction  of 
matters  pertaining  to  gas  or  electric  service,  such  board, 
body  or  officer  shall  have  and  may  exercise  such  poweir, 
jurisdiction  and  authority  In  enforcing  the  laws  of  the 
State  and  the  orders,  rules  and  regulations  of  the  com- 
mission as  may  be  prescribed  by  statute  or  by  the  com* 
mission. 


;i 


ARTICLE  V. 
[Added  by  amendment  of  1910.] 

PROVISIONS  BELATING  TO  TELEGRAPH  AND  TELEPHONE  LINES" 
TO    TELEPHONE    AND    TELEGRAPH    CORPORATIONS. 

§  90.     Application  of  article. 

§91.  Adequate  service;  just  and  reasonable  charges 
unjust  discrimination;   unreasonable  preference. 

§  92.     Rate  schedules. 

§  93.  Liability  for  loss  or  damage  caused  by  violatioi 
of  this  chapter. 

§  94.  General  powers  and  duties  of  commission  li 
respect  to  telegraph  corporations  and  telephone  corpora 
tions. 

§  95.  Reports  of  telegraph  corporations  and  telephom 
corporations. 

§  96.     Investigations  by  commission. 

§  97.     Rates,  rentals   and   service. 

§  98.  Powers  of  commission  to  order  repairsi  o: 
changes. 

§  99.     Franchises  and  privileges. 

§  100.     Transfer  and   ownership  of  stocks. 

§  101.     Approval   of  issues  of  stocks,  bonds  and  (J 
forms  of  indebtedness.  jj 

§102.     Forfeitures;   penalties. 

§  103.     Summary    proceedings. 

Application  of  article.  §  90.  The  provisions  of  thl 
article  shall  apply  to  communication  by  telegraph  or  tele 
phone  between  one  point  and  another  within  the  {!tat< 
of  New  York  and  to  every  telegraph  corporation  an( 
telephone  corporation. 

Adequate  service — Just  and  reasonable  charges — V',iju» 
discrimination  —  Unreasonable  preference.  §  91.  1.  H  ver; 
telegraph  corporation  and  every  telephone  corpor:  tioi 
shall  furnish  and  provide  with  respect  to  its  business  ixicl 
instrumentalities  and  facilities  as  shall  be  adequate  ai  d  ii 
all  respects  just  and  reasonable.  All  charges  mad ;  o: 
demanded  by  any  telegraph  corporation  or  telephone  coi 
poration  for  any  service  rendered  or  to  be  rendere  1  ii 
connection  therewith  shall  be  just  and  reasonable  am 
not  more  than  allowed  by  law  or  by  order  of  the  om 
mission.  Every  unjust  or  unreasonable  charge  mad  >  o 
demanded  for  any  such  service  or  in  connection  there  vitl 
or  in  excess  of  that  allowed  by  law  or  by  order  of  th( 
commission  is  prohibited  and  declared  to  be  unlawfu 

2.  No  telegraph  corporation  or  telephone  corpor:  tioi 
shall  directly  or  indirectly  or  by  any  special  rate,  re  late 
drawback  or  other  device  or  method  charge,  demand,  col 
lect  or  receive  from  any  person  or  corporation  a  gn  ate) 
or  less  compensation  for  any  service  rendered  or  t  i  b( 
rendered  with  respect  to  communication  by  telegrap  i  o; 
telephone  or  in  connection  therewith,  except  as  autho  ize( 
in  this  chapter,  than  it  charges,  demands,  collect ;  o; 
receives  from  any  other  person  or  corporation  for  doi  ig  i 
like  and  contemporaneous  service  with  respect  to  coi  ii] 
nication  by  telegraph  or  telephone  under  the  sanij 
substantially  the  same  circumstances  and  conditions  ' 

3.  No  telegraph  corporation  or  telephone  corpor  i 
shall  make  or  give  any  undue  or  unreasonable  prefeienci 
or  advantage  to  any  person,  corporation  or  localit:  .  o: 
subject  any  particular  person,  corporation  or  localit  y  t( 
any  undue  or  unreasonable  prejudice  or  disadvantaj  e  li 
any  respect  whatsoever. 

4.  Nothing  in  this  chapter  shall  be  construe  1  «tc 
prevent  any  telegraph  corporation  or  telephone  corpor  itioi 
from  continuing  to  furnish  the  use  of  its  lines,  equip  nen 
or  service  under  any  contract  or  contracts  in  fon  e  a 
the  date  this  article  takes  effect  or  upon  the  taking  effect 
of  any  schedule  or  schedules  of  rates  subsequently  tilec 
with  the  commission,  as  hereinafter  provided,  at  the  rati 
or  rates  fixed  in  such  contract  or  contracts;  proxided 
however,  that  when  any  such  contract  or  contracts  are  oi 
become  terminable  by  notice,  the  commission  shall  havt 
power,  in  its  discretion,  to  direct  by  order  that  sucl 
contract  or  contracts  shall  be  terminated  by  the  tele{:rapt 
corporation  or  telephone  corporation  party  thereto,  anc 
thereupon  such  contract  or  contracts  shall  be  terminatec 
by  such  telegraph  corporation  or  telephone  corporatlot 
as  and  when  directed  by  such  order. 

Rate  schedules,  i  92.  1.  Every  telegraph  corporation 
and  every  telephone  corporation  shall  print  and  file  wilt 
the  commission  schedules  showing  all  rates,  rentals  anc 


1   IB   i 

iiwa 

Mtlffl 


Pdbltc  Service  Laws 


963 


charges  for  service  of  each  and  every  kind  by  or  over  its 
line  between  points  in  this  State  and  between  each  point 
upon  its  line  and  all  points  upon  every  line  leased  oil 
operated  by  it  and  between  each  point  upon  its  line  or  upon 
any  line  leased  or  operated  by  it  and  all  points  upon  the 
line  of  any  other  telegraph  or  telephone  corporation  when- 
ever a  through  service  or  joint  rate  shall  have  been 
established  between  any  two  points.  If  no  joint  rate  over 
a  through  line  has  been  established  the  several  corpora- 
tions in  such  through  line  shall  file  with  the  commission 
the  separately  established  rates  and  charges  applicable 
where  through  service  is  afforded.  Such  schedule  shall 
plainly  state  the  places  between  which  telephone  or  tele- 
graph service,  or  both,  will  be  rendered  and  shall  also 
state  separately  all  charges  and  all  privileges  or  facilities 
granted  or  allowed  and  any  rules  or  regulations  or  forms 
of  contract  which  may  in  any  wise  change,  affect  or 
determine  any  or  the  aggregate  of  the  rates,  rentals  or 
charges  for  the  service  rendered.  Such  schedule  shall  be 
plainly  printed  and  kept  open  to  public  inspection.  The 
commission  shall  have  the  power  to  prescribe  the  form  of 
every  such  schedule  and  may  from  time  to  time  prescribe, 
by  order,  changes  in  the  form  thereof.  The  commission 
shall  also  have  power  to  establish  rules  and   regulations 

^  for  keeping  such  schedules  open  to  public  inspection  and 
may  from  time  to  time  modify  the  same.  Every  telegraph 
corporation  and   telephone  corporation  shall  file  with  the 

i  commission  as  and  when  required  by  it  a  copy  of  any 
contract,  agreement  or  arrangement  in  writing  with  any 
other  telegraph  corporation  or  telephone  corporation  or 
with  any  other  corporation,  association  or  person  relating 
in  any  way  to  the  construction,  maintenance  or  use  of  a 
telegraph  line  or  telephone  line  or  service  by  or  rates  and 
charges  over  or  upon  any  such  telegraph  line  or  telephone 
line. 

2.  Unless  the  commission  otherwise  orders  no  change 
shall  be  made  in  any  rate,  charge  or  rental,  or  joint  rate, 
charge  or  rental  which  shall  have  been  filed  by  a  telegraph 
corporation  or  telephone  corporation  in  compliance  with 
the  requirements  of  this  chapter,  except  after  30  days' 
notice  to  the  commission,  which  notice  shall  plainly  state 
the  changes  proposed  to  be  made  in  the  schedule  then  in 
force  and  the  time  when  the  changed  rate,  charge  or 
rental  shall  go  into  effect;  and  all  proposed  changes  shall 
be  shown  by  filing  new  schedules  or  shall  be  plainly  indi- 
cated upon  the  schedules  filed  and  in  force  at  the  time 
and  kept  open  to  public  inspection.  The  commission,  for 
good  cause  shown,  may  allow  changes  in  rates,  charges  or 
rentals  without  requiring  the  30  days'  notice,  under  such 
conditions  as  it  may  prescribe;  all  such  changes  shall  be 

',     Immediately  indicated  upon  its  schedules  by  such  telegraph 

■  corporation  or  telephone  corporation.  No  telegraph  cor- 
poration or  telephone  corporation  shall  charge,  demand, 
collect  or  receive  a  different  compensation  for  any  service 
rendered  or  to  be  rendered  than  the  charge  applicable  to 
such  service  as  specified  in  its  schedule  on  file  and  in 
effect  at  that  time.  Nor  shall  any  telegraph  corporation 
or  telephone  corporation  refund  or  remit  directly  or  indi- 
rectly any  portion  of  the  rate  or  charge  so  specified,  nor 
extend  to  any  person  or  corporation  any  form  of  Contract 
or  agreement,  or  any  rule  or  regulation,  or  any  privilege 
or  faculty,  except  such  as  are  specified  in  its  schedule 
filed  and  in  effect  at  the  time  and  regularly  and  uniformly 
extended  to  all  persons  and  corporations  under  like  cir- 
cumstances for  the  like  or  substantially  similar  service. 

Free  service  prohibited — Exceptions.  3.  No  telegraph 
corporation  or  telephone  corporation  subject  to  the  pro- 
visions of  this  chapter  shall,  directly  or  indirectly,  give  any 
free  or  reduced  service,  or  any  free  pass  or  frank  for  the 
transmission  of  messages  by  either  telephone  or  telegraph 
between  points  within  this  State,  except  to  its  officers,  em- 
i  ployes,  agents,  pensioners,  surgeons,  physicians,  attorneys- 
at-law  and  their  families;  to  persons  or  corporations  exclu- 
sively engaged  in  charitable  and  eleemosynary  work  and 
ministers  of  religions;  to  officers  and  employes  of  other 
telegraph  corporations  and  telephone  corporations,  railroad 
corporations  and  street  railroad  corporations.  But  this  sub- 
•division  shall  not  apply  to  state,  municipal  or  federal  con- 
tracts.    [As  amended  May  10,  1911.] 

Liability  for  loss  or  damage  caused  by  violation  of  this 
chapter.  §  93.  In  case  any  telegraph  corporation  or  tele- 
phone corporation  shall  do  or  cause  to  be  done  or  permit 
to  be  done  any  act,  matter  or  thing  prohibited,  forbidden 


or  declared  to  be  unlawful,  or  shall  omit  to  do  any  act, 
matter  or  other  thing  required  to  be  done,  either  by  law 
of  the  State  of  New  York  by  this  chapter  or  by  any  order 
of  the  commission,  such  telegraph  corporation  or  telephone 
corporation  shall  be  liable  to  the  person  or  corporation 
affected  thereby  for  all  loss,  damage  or  injury  caused 
thereby  or  resulting  therefrom,  and  in  case  of  recovery 
If  the  court  shall  find  that  such  act  or  omission  was  wilful 
it  may  in  its  discretion  fix  a  reasonable  counsel  or  attor- 
ney's fee,  which  fee  shall  be  taxed  and  collected  as  a 
part  of  the  costs  in  the  action.  An  action  to  recover  for 
such  loss,  damage  or  injury  may  be  brought  in  any  court 
of  competent  jurisdiction  by  any  such  person  or 
corporation. 

General  powers  and  duties  of  commission  in  respect  to 
telegraph  corporations  and  telephone  corporations.  §  94. 
1.  The  commission  and  each  commissioner  shall  have 
power  and  authority  to  administer  oaths  in  all  parts  of  the 
State  to  witnesses  summoned  to  testify  in  any  inquiry,  in- 
vestigation, hearing  or  proceeding  and  also  to  administer 
oaths  in  all  parts  of  the  State  whenever  the  exercise  of 
such  power  is  incidentally  necessary  or  proper  to  enable 
the  cpmmission  or  a  commissioner  to  perform  a  duty  or 
to  exercise  a  power. 

2.  The  commission  shall  have  general  supervision  of 
all  telegraph  corporations,  telephone  corporations  and  tele- 
graph lines  and  telephone  lines  within  its  jurisdiction  as 
hereinbefore  defined  and  shall,  have  power  to  and  shall 
examine  the  same  and  keep  informed  as  to  their  general 
condition,  their  capitalization,  their  franchises  and  the 
manner  in  which  their  lines  and  property  are  leased,  oper- 
ated or  managed,  conducted  and  operated  with  respect  to 
the  adequacy  of  and  accommodation  afforded  by  their  serv- 
ice and  also  with  respect  to  the  safety  and  security  of 
their  lines  and  property,  and  with  respect  to  their  com- 
pliance with  all  provisions  of  law,  orders  of  the  commis- 
sion, franchises  and  charter  requirements.  The  commis- 
sion shall  have  power  either  through  its  members  or  in- 
spectors or  employes  duly  authorized  by  it  to  enter  in  or 
upon  and  to  inspect  the  property,  equipment,  buildings, 
plants,  factories,  offices,  apparatus,  machines,  devices  and 
lines  of  any  telegraph  corporation  or  telephone  corpora- 
tion. 

3.  The  commission  and  each  commissioner  shall  have 
power  to  examine  all  books,  contracts,  records,  documents 
and  papers  of  any  telegraph  corporation  or  telephone  cor- 
poration and  by  subpoena  duces  tecum  to  compel  the  pro- 
duction thereof,  or  of  duly  verified  copies  of  the  same  or 
of  any  of  them. 

Reports  of  telegraph  corporations  and  telephone  corpo- 
rations. §  95.  1.  Every  telegraph  corporation  and  every 
telephone  corporation  shall  file  with  the  commission  an 
annual  report  at  a  time  and  covering  the  yearly  period 
fixed  by  the  commission.  Such  annual  report  shall  be 
verified  by  the  oath  of  the  president,  treasurer,  general 
manager  or  receiver  of  any  of  such  corporations,  or  by 
the  person  required  to  file  the  same.  Verification  shall  be 
made  by  the  official  holding  office  at  the  time  of  the  filing 
of  said  report,  and  if  not  made  upon  the  knowledge  of  the 
person  verifying  the  same  shall  set  forth  in  general  terms 
the  sources  of  his  information  and  the  grounds  for  his 
belief  as  to  any  matters  not  stated  to  be  verified  on  hl3 
knowledge.  The  commission  shall  prescribe  the  form  of 
such  reports  and  the  character  of  the  information  to  be 
contained  therein  and  may,  from  time  to  time  make  such 
changes  and  additions  in  regard  to  form  and  contents 
thereof  as  it  may  deem  proper,  and  shall  furnish  a  blank 
form  for  such  annual  reports  to  every  telegraph  corpora- 
tion and  every  telephone  corporation  required  to  make 
the  same.  When  the  report  of  any  telegraph  corporation 
or  telephone  corporation  is  defective  or  erroneous  the 
commission  shall  notify  the  corporation  to  amend  the  same 
within  a  time  prescribed  by  the  commission.  The  said 
reports  shall  be  preserved  in  the  office  of  the  commission. 
The  commission  may  require  of  any  telegraph  corporation 
or  telephone  corporation  specific  answers  to  questions  upon 
which  the  commission  may  desire  information.  If  any 
telegraph  corporation  or  telephone  corporation  shall  fall 
to  make  and  file  its  annual  report  as  and  when  required 
or  within  such  extended  time  as  the  commission  may  allow 
or  shall  fail  to  make  specific  answers  to  any  question 
within  the  period  specified  by  the  commission  for  the 
making  and  filing  of  such  answers,  such  corporation  shall 


964 


Xational  Association  of  Railway  Commissioners 


forfeit  to  the  State  the  sum  of  $100  for  each  and  every 
day  it  shall  continue  to  be  in  default  with  respect  to  euch 
report  or  answer.  Such  forfeiture  shall  be  recovered  in 
an  action  brought  by  the  commission  in  the  name  of  the 
people  of  th«  State  of  New  York.  The  amount  recovered 
iu  any  such  action  shall  be  paid  into  the  State  treasury 
and  shall  be  credited  to  the  general  fund.  The  commission 
may,  when  it  deems  it  advisable,  exempt  any  telegraph 
corporation  or  telephone  corporation  from  the  necessity  of 
filing  annual  reports  ^intil  the  further  order  of  the  com- 
mission. 

2.  The  commission  may  establish  a  system  of  accounts 
to  be  used  by  telegraph  corporations  and  telephone  cor- 
porations, which  are  subject  to  its  jurisdiction,  and  are 
required  to  make  annual  reports  to  it  or  classify  the  said 
corporations,  and  prescribe  a  system  of  accounts  for  each 
class  and  may  prescribe  the  manner  in  which  such  ac- 
counts shall  be  kept.  It  may  also,  in  its  discretion  pre- 
scribe the  form  of  records  to  be  kept  by  such  corporation. 
Notice  of  alterations  by  the  commission  in  the  required 
method  or  form  of  keeping  accounts  shall  be  given  to  such 
corporations  by  the  commission  at  least  six  months  before 
the  same  are  to  take  effect.  The  commission  shall  at  all 
times  have  access  to  all  accounts,  records  and  memoranda 
kept  by  telegraph  corporations  and  telephone  corporations, 
and  may  designate  any  of  its  officers  or  employes  who 
shall  thereupon  be  authorized  under  the  order  of  the 
commission  to  inspect  and  examine  any  and  all  accounts, 
records  and  memoranda  kept  by  any  such  corporation; 
and  the  commission  may,  after  hearing,  prescribe  by  order, 
the  accounts  in  which  particular  outlays  and  receipts  shall 
be  entered,  charged  or  credited.  Any  employe  or  agent  of 
the  commission  who  divulges  any  fact  or  information  which 
may  come  to  his  knowledge  during  the  course  of  any  such 
inspection  or  examination  except  in  so  far  as  he  may  be 
directed  by  the  commission  or  by  a  court  or  judge  thereof, 
or  authorized  by  law,  shall  be  guilty  of  a  misdemeanor. 
Any  provision  of  law  prohibiting  the  disclosure  of  the  con- 
tents of  telegraph  messages  or  the  contents  or  substance  of 
telephone  communications  shall  not  be  deemed  to  prohibit 
the  disclosure  of  any  matter  in  accordance  with  the  pro- 
visions of  this  chapter. 

Investigations  hy  commission.  §  96.  1.  The  commis- 
sion may  of  its  own  motion  investigate  or  make  inquiry  in 
a  manner  to  be  determined  by  it  as  to  any  act  done  or 
omitted  to  be  done  by  any  telegraph  corporation  or  tele- 
phone corporation  and  the  commission  must  make  such 
inquiry  in  regard  to  any  act  done  or  omitted  to  be  done 
by  any  telegraph  corporation  or  telephone  corporation  in 
violation  of  any  provisions  of  law  or  in  violation  of  any 
order  of  the  commission. 

2.  Complaints  may  be  made  to  the  commission  by  any 
person  or  corporation  aggrieved,  by  petition  or  complaint 
in  writing,  setting  forth  any  act  done  or  omitted  to  be  done 
by  any  telegraph  corporation  or  telephone  corporation 
alleged  to  be  in  violation  of  the  terms  or  conditions  of  its 
franchise  or  charter  or  of  any  order  of  the  commission. 
■Upon  the  presentation  of  such  a  complaint  the  commission 
shall  cause  a  copy  thereof  to  be  forwarded  to  the  person 
or  corporation  complained  of  which  may  be  accompanied 
by  an  order  directed  to  such  person  or  corporation  requir- 
ing that  the  matters  complained  of  be  satisfied  or  that  the 
charges  be  answered  in  writing  within  a  time  to  be  specified 
by  the  commission.  If  the  person  or  corporation  complained 
of  shall  make  reparation  for  any  injury  alleged  and  shall 
cease  to  commit  or  permit  the  violation  of  law,  franchise, 
charter  or  order  charged  in  the  complaint,  if  any  there  be. 
and  shall  notify  the  commission  of  that  fact  before  the 
time  allowed  for  answer,  the  commission  need  take  no 
further  action  upon  the  charges.  If,  however,  the  charges 
contained  in  such  petition  be  not  thus  satisfied  and  it  shall 
appear  to  the  commission  that  there  are  reasonable  grounds 
therefor,  it  shall  investigate  such  charges  in  such  manner 
and  by  such  means  as  it  shall  deem  proper  and  take  such 
action  within  its  powers  as  the  facts  in  its  judgment 
justify. 

3.  Whenever  the  commission  shall  investigate  any 
matter  complained  of  by  any  person  or  corporation 
aggrieved  by  any  act  or  omission  of  a  telegraph  corpora- 
tion or  telephone  corporation  under  this  section,  it  shall 
be  its  duty  within  60  days  after  final  submission  to  make 
and  file  an  order  either  dismissing  the  petition  or  com- 
plaint or  directing  the  telegraph  corporation  or  telephone 


corporation  complained  of  to  satisfy  the  cause  of  complaint 
in  whole  or  to  the  extent  which  the  commission  may 
specify  and  require. 

Rates,  rentals  and  service.  §  97.  1.  Whenever  the  com- 
mission shall  be  of  opinion,  after  a  hearing,  had  upon  its 
own  motion  or  upon  a  complaint  that  the  rates,  charges, 
tolls  or  rentals  demanded,  exacted^  charged  or  collected 
by  any  telegraph  corporation  or  telephone  corporation 
subject  to  its  jurisdiction  for  the  trasmisslon  of  messages 
or  communications  by  telegraph  or  telephone  or  for  the 
rental  or  use  of  any  telegraph  line,  telephone  line  or  any 
telegraph  instrument,  wire,  appliances,  apparatus  or  de- 
vice or  any  telephone  receiver,  transmitter,  instrument, 
wire,  cable,  apparatus,  conduit,  machine,  appliance  or  device 
or  any  telephone  extension  or  extension  system  or  that  the 
rules,  regulations  or  practices  of  any  telegraph  corpora- 
tion or  telephone  corporation  affecting  such  rates,  charges, 
rentals  or  service  are  unjust,  unreasonable  or  unjustly  dis- 
criminatory or  unduly  preferential  or  in  any  wise  in  viola- 
tion of  law,  or  that  the  maximum  rates,  charges  or  rentals 
chargeable  by  any  such  telegraph  corporation  or  telephcme 
corporation  are  insufficient  to  yield  reasonable  compensation 
for  the  service  rendered,  the  commission  shall  with  due  re- 
gard, among  other  things,  to  a  reasonable  average  return 
upon  the  value  of  the  property  actually  used  in  the  puHic 
service  and  of  the  necessity  of  making  reservation  out  of 
income  for  surplus  and  contingencies  determine  the  jist 
and  reasonable  rates,  charges  and  rentals  to  be  thereaf  er 
observed  and  in  force  as  the  maximum  to  be  charged,  le- 
manded,  exacted  or  collected  for  the  performance  or  rm- 
dering  of  the  service  specified  and  shall  fix  the  same  by 
order  to  be  served  upon  all  telegraph  corporations  and 
telephone  corporations  by  which  such  rates,  charges  and 
rentals  are  thereafter  to  be  observed,  and  thereafter  no 
increase  in  any  rate,  charge  or  rental  so  fixed  shall  be 
made  without  the  consent  of  the  commission. 

2.  Whenever  the  commission  shall  be  of  the  opininn, 
after  a  hearing  had  upon  its  own  motion  or  upon  ccn- 
plaint  that  the  rules,  regulations  or  practices  of  a  ly 
telegraph  corporation  or  telephone  corporation  are  i  n- 
just  or  unreasonable  or  that  the  equipment  or  serv  ce 
of  any  telegraph  corporation  or  telephone  corporation  is 
Inadequate,  inefficient,  improper  or  insufficient,  the  cc  n- 
mission  shall  determine  the  just,  reasonable,  adequa  e, 
efficient  and  proper  regulations,  practices,  equipment  a  id 
service  thereafter  to  be  installed,  to  be  observed  a  id 
used,  and  to  fix  and  prescribe  the  same  by  order  to 
be  served  upon  every  telegrpah  corporation  and  tc  e- 
phone  corporation  to  be  bound  thereby  and  thereafter  it 
shall  be  the  duty  of  every  telegraph  corporation  and  tc  e- 
phone  corporation  to  which  such  order  is  directed  to 
obey  each  and  every  such  order  so  served  upon  it  and  to 
do  everything  necessary  or  proper  in  order  to  seci re 
compliance  with  and  observance  of  every  such  order  ly 
all  its  officers,  agents  and  employes  according  to  its  tr  le 
intent  and  meaning.  Nothing  contained  in  this  chap  er 
shall  be  construed  as  giving  to  the  commission  power  to 
make  any  order,  direction  or  requirement  requiring  a  ly 
telegraph  corporation  or  telephone  corporation  to  p  !r- 
form  any  act  which  is  unjust  or  unreasonable  or  in  vio- 
lation of  any  law  of  this  State  or  of  the  United  Sta^ 
not  inconsistent  with  the  provisions  of  this  chapter.    J 

3.  The  commission  shall  have  power  by  order 
require  any  two  or  more  telegraph  corporations  whc 
lines  form  a  continuous  line  of  communication,  or  coi  Id 
be  made  to  do  so  by  the  construction  and  maintenance  of 
suitable  connections  or  transfer  of  messages  at  common 
points,  between  different  localities  which  are  not  reached 
by  the  line  of  either  company  alone,  to  establish  through 
lines  within  the  State  between  two  or  more  such  local- 
ities and  joint  rates  or  charges  for  service  by  or  o\er 
said  lines  as  the  commission  may  by  its  order  prescribe 
and  in  case  such  through  lines  and  joint  rates  be  not  2S- 
tablished  by  the  corporations  named  in  any  such  ore  er 
within  the  time  therein  specified,  the  commission  shall 
have  power  by  order  to  establish  the  same  and  to  fix 
the  just  and  reasonable  rates  and  charges  to  be  charged 
for  such  through  service  and  to  declare  the  jiortion 
thereof  to  which  each  of  the  corporations  affected  thereby 
shall  be  entitled  and  the  manner  in  which  the  same  shall 
be  secured  and   paid. 

Power  of  commission  to  order  repairs  or  changes.    §  98. 
■  Whenever   the  commission   shall  be  of  the  opinion,  after 


10- 

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Public  Service  Laws 


965 


a  hearing  had  upon  Its  own  motion,  or  upon  a  com- 
plaint, that  repairs  or  Improvements  to  or  changes  In  any 
telegraph  line  or  any  telephone  line  ought  reasonably  to 
be  made,  or  that  any  additions  should  reasonably  be  made 
thereto,  in  order  to  promote  the  convenience  of  the 
public  or  employes,  or  In  order  to  _  secure  adequate 
service  or  facilities  for  telegraphic  or  telephonic  com- 
munications, the  commission  shall  make  and  serve  an 
order  directing  that  such  repairs,  improvements,  changes 
or  additions  be  made  within  a  reasonable  time  and  in  a 
manner  to  be  specified  therein  and  every  telegraph  cor- 
poration and  telephone  corporation  is  hereby  required 
and  directed  to  make  all  repairs,  improvements,  changes 
and  additions  required  of  it  by  any  order  of  the  com- 
mission served  upon  it. 

Franchises  and  privileges.  §  99.  1.  No  telegraph  corpo- 
ration or  telephone  corporation  hereafter  formed  shall 
begin  construction  of  its  telegraph  line  or  telephone 
line  without  first  having  obtained  the  permission  and 
approval  of  the  commission  and  its  certificate  of  public 
convenience  and  necessity,  after  a  hearing  had  upon 
8uch  notice  as  the  commission  may  prescribe.  Before 
any  such  certificate  shall  be  issued  there  must  be  filed 
in  the  oiflce  of  the  commission  by  the  applicant  therefor 
a  verified  statement  showing  that  the  required  consent 
of  the   proper  municipal  authorities  has  been  obtained. 

2.  No  franchise  or  any  right  to  or  under  any  fran- 
chise to  own  or  operate  a  telegraph  line  or  telephone 
line  shall  be  assigned,  transferred  or  leased,  nor  shall 
any  contract  or  agreement  hereafter  made  with  reference 
to  or  affecting  any  such  franchise  or  right  be  valid  or 
of  any  force  or  effect  whatever  unless  the  assignment, 
transfer,  lease,  contract  or  agreement  shall  have  been 
approved  by  the  commission.  No  franchise  or  right 
to  or  under  any  franchise  to  own  or  operate  a  telegraph 
line  or  telephone  line  shall  be  assigned,  transferred  or 
leased  to  or  owned  or  operated  by  any  foreign  corpora- 
tion. 

3.  The  approval  of  the  commission  to  the  exercise 
of  a  franchise  or  to  the  assignment,  transfer  or  lease 
of  a  franchise  shall  not  be  construed  .to  revive  or  validate 
any  lapsed  or  invalid  franchise  or  to  enlarge  or  add  to 
the  powers  and  privileges  contained  in  the  grant  of  any 
franchise  or  to  waive  any  forfeiture. 

Transfer  and  ownership  of  stock.  §  100.  Save  where 
stock  shall  be  transferred  or  held  for  the  purpose  of 
collateral  security,  no  stock  corporation,  domestic  or  for- 
eign, other  than  a  telegraph  corporation  or  telephone 
corporation,  shall,  without  the  consent  of  the  commis- 
sion, purchase  or  acquire,  take  or  hold  more  than  10 
per  centum  of  the  total  capital  stock  issued  by  any 
telegraph  corporation  or  telephone  corporation  organ- 
ized or  existing  under  or  by  virtue  of  the  laws  of  this  State, 
except  that  a  corporation  now  lawfully  holding  a  majority 
of  the  capital  stock  of  any  telegraph  corporation  or  tele- 
phone corporation  may,  without  the  consent  of  the  commis- 
sion, acquire  and  hold  the  remainder  of  the  capital  stock  of 
such  telegraph  corporation  or  telephone  corporation,  or 
any  portion  thereof.  Nothing  herein  contained  shall  be 
construed  to  prevent  the  holding  of  stock  heretofore 
lawfully  acquired,  or  to  prevent,  upon  surrended  or 
exchange  of  said  stock  pursuant  to  a  reorganization 
plan,  the  purchase,  acquisition,  taking  or  holding  of  a 
proportionate  amount  of  stock  of  any  new  corporation  or- 
ganized to  take  over,  at  foreclosure  or  other  sale  the 
property  of  any  corporation  whose  stock  has  been  thus 
surrendered  or  exchanged.  Every  contract,  assignment, 
transfer  or  agreement  for  transfer  of  any  stock  by  or 
through  any  person  or  corporation  to  any  corporation 
in  violation  of  any  provision  of  this  chapter  shall  be 
void  and  of  no  effect,  and  no  such  transfer  or  assign- 
ment shall  be  made  upon  the  books  of  any  such  telegraph 
corporation  or  telephone  corporation,  or  shall  be  recog- 
I  nlzed  as  effective  for  any  purpose. 

)  Approval  of  issues  of  stock,  'bonds  and  other  forms  of 
'indebtedness.  §101.  1.  A  telegraph  or  telephone  corpora- 
tion may,  when  authorized  by  order  of  the  commission, 
and  not  otherwise,  issue  stock,  bonds,  notes  or  other  evi- 
dence of  Indebtedness  payable  at  periods  of  more  than 
12  months  after  the  date  thereof  when  necessary  for  the 
acquisition  of  property,  the  construction,  completion, 
lextenslon  or  improvement  of  its  facilities  or  the  im- 
provement   or    maintenance    of    its    service    within    the 


State,  or  for  the  discharge  or  lawful  refunding  of  its 
obligations,  or  reimbursement  of  moneys  actually  ex- 
pended from  the  income  from  any  source,  within  five 
years  next  prior  to  the  filing  of  the  application  therefor, 
or  for  any  of  such  purposes,  provided,  however,  that 
no  order  shall  be  granted  authorizing  such  issue  for  reim- 
bursement of  moneys  expended  from  income  for  better- 
ments or  replacements  unless  the  applicant  shall  have 
kept  its  accounts  and  vouchers  of  such  expenditures 
in  such  manner  as  to  enable  the  commission  to  ascertain 
the  amount  of  moneys  so  expended  and  the  purposes  for 
which  such  expenditures  were  made.  The  commission 
may  by  order  authorize  the  issue  of  bonds,  notes  or 
other  evidence  of  indebtedness  for  the  reimbursement 
of  moneys  heretofore  actually  expended  from  Income 
for  any  purposes  herein  specified,  except  maintenance 
of  service  or  replacements  prior  to  five  years  next 
preceding  the  filing  of  the  application  therefor,  provided 
such  application  be  made  prior  to  January  1,  1912.  The 
order  of  the  commission  shall  fix  the  amount  of  any 
such  issue  and  the  purposes  to  which  it  or  its  proceeds 
are  to  be  applied  and  recite  that  in  the  opinion  of  the 
commission  the  money,  property  or  labor  procured  or  to 
be  procured  or  paid  for  by  such  issue  or  its  proceeds 
has  been  or  is  reasonably  required  for  the  purposes 
specified  in  the  order,  and  that  such  purposes  are  in 
no  part  reasonably  chargeable  to  operating  expenses 
or  to  income  except  in  the  case  of  bonds,  notes  or  other 
evidence  of  indebtedness  as  may  be  permitted  in  the 
order.  For  the  purpose  of  enabling  the  commission  to 
determine  whether  it  should  issue  such  an  order  the 
commission  shall  make  such  inquiry  or  investigation, 
hold  such  hearings  and  examine  such  witnesses,  books, 
papers,  documents  or  contracts  as  it  may  determine 
of  importance  in  enabling  it  to  reach  a  determination. 
No  such  corporation  shall,  without  the  consent  of  the 
commission,  apply  any  such  issue  or  its  proceeds  to  any 
purpose  not  specified  in  the  order.  Such  telegraph  cor- 
poration or  telephone  corporation  may  issue  notes  for 
proper  corporation  purposes  and  not  in  violation  of  any 
provision  of  this  chapter  or  of  any  other  Act,  payable 
at  periods  of  not  more  than  12  months,  without  the  con- 
sent of  the  commission;  but  no  such  note  shall,  in 
whole  or  in  part,  directly  or  indirectly,  be  refunded  by 
any  issue  of  stock  or  bonds,  or  by  any  evidence  of  in- 
debtedness running  for  more  than  12  months,  without  the 
consent  of  the  commission.  No  telegraph  corporation  or 
telephone  corporation  shall  be  required,  however,  to 
apply  to  the  commission  for  authority  to  issue  stocks, 
bonds,  notes  or  other  evidence  of  indebtedness  ex- 
cept for  the  acquisition  of  property,  the  construction, 
completion,  extension  or  improvement  of  its  facilities, 
or  the  improvement  or  maintenance  of  its  service 
within  the  State,  or  the  discharge  or  refunding  of  obli- 
gations, or  reimbursement  of  moneys  actually  expended 
for  such  purposes.  The  commission  shall  have  no  power 
to  authorize  the  capitalization  of  any  franchise  or  right  to 
be  a  corporation,  or  to  authorize  the  capitalization  of  any 
franchise  or  the  right  to  own,  operate  or  enjoy  any  franchise 
whatsoever  in  excess  of  the  amount  (exclusive  of  any  tax  or 
annual  charge)  actually  paid  to  the  State  or  any  political 
subdivision  thereof,  as  the  consideration  of  the  grant  of 
such  franchise  or  right,  nor  shall  the  corporate  stock  of  the 
corporation  formed  by  the  merger  or  consolidation  of 
two  or  more  other  corporations  exceed  the  sum  of  the 
capital  stock  of  the  corporation  so  consolidated,  at  the 
par  value  thereof,  or  such  sum  and  any  additional  sum 
actually  paid  in  cash;  nor  shall  any  contract  for  consoli- 
dation or  lease  be  capitalized  in  the  stock  of  any  cor- 
poration whatever;  nor  shall  any  corporation  hereafter 
issue  any  bonds  against  or  as  a  lien  upon  any  contract 
for  consolidation  or  merger. 

Forfeiture — Penalties.  §  102.  1.  Every  telegraph  corr 
poration  and  every  telephone  corporation,  and  all  officers, 
agents  and  employes  of  any  telegraph  corporation  or  tele- 
phone corporation  shall  obey,  observe  and  comply  with 
every  order,  direction  or  requirement  made  by  the  com- 
mission, under  authority  of  this  article,  so  long  as  the 
same  shall  be  and  remain  in  force.  Any  telegraph  cor- 
poration or  any  telephone  corporation  which  shall  violate 
any  provision  of  this  article,  or  which  fails,  omits  or  neg- 
lects to  obey,  observe  or  comply  with  any  order  or  any  di- 
rection or  requirement  of  the  commission,  shall  forfeit  to 
the    people    of    the    State    of    New    York,    not    to    exceed 


966 


National  Association  (<f  Railway  Commissioners 


the  sum  of  $1,000  for  each  and  every  offense;  every  vio- 
lation of  any  such  order  or  direction  or  requirement,  or 
of  this  article,  shall  be  a  separate  and  distinct  offense, 
and,  in  case  of  a  continuing  violation,  every  day's  contin- 
uance thereof  shall  be  and  be  deemed  to  be  a  separate 
and  distince  offense. 

2.  An  accion  to  recover  a  penalty  or  forfeiture  under 
this  article  may  be  brought  at  any  time  within  one  year 
after  the  cause  of  action  accrues,  in  any  court  of  com- 
petent jurisdiction  in  this  State,  in  the  name  of  the  peo- 
ple of  the  State  of  New  York,  on  the  relation  of  the 
commission,  and  shall  be  commenced  and  prosecuted 
to  final  judgment  by  counsel  to  the  commission.  In 
any  such  action  all  penalties  and  forfeitures  incurred  up 
to  the  time  of  commencing  the  same  may  be  sued  for 
and  recovered  therein,  and  the  commencement  of  an 
action  to  recover  a  penalty  or  ferfeiture  shall  not  be, 
or  be  held  to  be,  a  waiver  of  the  right  to  recover  any 
other  penalty  or  ferfeiture;  if  the  defendant  in  such 
action  shall  prove  that  during  any  portion  of  the  time 
for  which  it  is  sought  to  recover  penalties  or  forfeitures 
for  a  violation  of  an  order  of  the  commission,  the  de- 
fendant was  actually  and  in  good  faith  prosecuting  a 
suit,  action  or  proceeding  in  the  courts  to  set  aside 
such  order,  the  court  shall  remit  the  penalties  or  forfeit- 
ures incurred  during  the  pendency  of  such  suit,  action 
or  proceeding.  All  moneys  recovered  in  any  such  action, 
together  with  the  costs  thereof,  shall  be  paid  into  the 
State  treasury  to  the  credit  of  the  general  fund. 

Summary  proceedings.  §  103.  Whenever  the  commis- 
sion shall  be  of  the  opinion  that  a  telegraph  corporation  or 
telephone  corporation  subject  to  its  supervision  is  failing 
or  omitting  or  about  to  fail  or  omit  to  do  anything 
required  of  it  by  law  or  by  order,  direction  or  require- 
ment of  the  commission,  authorized  by  this  chapter, 
or  is  doing  anything  or  about  to  do  anything  or  per- 
mitting anything  or  about  to  permit  anything  to  be  done, 
contrary  to  or  in  violation  of  law,  or  of  any  order,  direc- 
tion or  requirement  of  the  commission  authorized  by  this 
chapter,  it  shall  direct  counsel  to  the  commission  to  com- 
mence an  action  or  proceeding  in  the  Supreme  Court 
of  the  State  of  New  York  in  the  name  of  the  people 
of  the  State  of  New  York  on  the  relation  of  the  com- 
mission for  the  purpose  of  having  such  violations  or 
threatened  violations  stopped  and  prevented,  either  by 
mandamus  or  injunction.  Counsel  to  the  commission 
shall  thereupon  begin  such  action  or  proceeding  by  a 
petition  to  the  Supreme  Court  alleging  the  violation  com- 
plained of  and  praying  for  appropriate  relief  by  way  of 
mandamus  or  injunction.  It  shall  thereupon  be  the 
duty  of  the  court  to  specify  the  time,  not  exceeding 
20  days  after  the  service  of  a  copy  of  the  petition,  within 
which  the  telegraph  corporation  or  telephone  corporation 
complained  of  must  answer  the  petition.  In  case  of 
default  in  answer  or  after  answer,  the  court  shall  im- 
mediately inquire  into  the  facts  and  circumstances  in 
such  manner  as  the  court  shall  direct  without  other 
or  formal  pleadings,  and  without  respect  to  any  technical 
requirement.  Such  other  persons  or  corporation  as  the 
court  shall  deem  necessary  or  proper  to  join  as  parties 
in  order  to  make  its  order,  judgment  or  writs  effective 
'may  be  joined  as  parties.  The  final  judgment  in  any 
such  action  or  proceeding  shall  either  dismiss  the  action 
or  proceeding  or  direct  that  a  writ  of  mandamus  or 
an  injunction,  or  both,  issue  as  prayed  for  in  the  petition 
or  in  such  modified  or  other  form  as  the  court  may  de- 
termine  will  afford   appropriate   relief. 

ARTICLE  VI 
[Sections  renumbered  by  amendment  of  1910.] 

COMMISSIONS  AND  OFFICES  ABOUSBBD SAVING  CLATJSB — ^RBTEAI,. 

§  120.  Board  of  railroad  commissioners  abolished ; 
effect   thereof. 

§  121.  Commission  of  gas  and  electricity  abolished; 
effect  thereof. 

§  122.     Inspector  of  gas  meters  abolished;  effect  thereof. 

§  123.  Board  of  rapid  transit  railroad  commissioners 
abolished;  effect  thereof. 

S  124.     Transfer  of  records. 

S  125.     Pending  actions  and  proceedings. 

S  126.     Construction. 

§  127.    Repeal. 


Board  of  railroad  commissioners  abolished  —  Effect 
thereof.  §  120.  On  or  after  July  1,  1907,  the  board  of  rail- 
road commissioners  shall  be  abolished.  All  the  powers 
and  duties  of  such  board  conferred  and  imposed  by  any 
statute  of  this  State  shall  thereupon  be  exercised  .and 
performed  by  the  public  service  commissions. 

Commission  of  gas  and  electricity  al)olished  —  Effect 
thereof.  §  121.  On  and  after  July  1,  1907,  the  commission 
of  gas  and  electricity  shall  be  abolished.  All  the  powers 
and  duties  of  such  commission  conferred  and  imposed 
by  any  statute  of  this  State  shall  be  exercised  and  per- 
formed  by  the   public   service  commissions. 

Inspector  of  gas  meters  abolished — Effect  thereof.  §  122. 
On  and  after  July  1,  1907,  the  offices  of  inspector  and 
deputy  inspectors  of  gas  meters  shall  be  abolished.  All 
the  powers  and  duties  of  such  inspector  conferred  and 
imposed  by  ai?y  statute  of  this  State  shall  be  exercised, 
and  performed  by  the  public  service  commissions.  But 
any  metf^r  inspected,  proved  and  sealed,  by  the  said 
inspector  of  gas  meters,  prior  to  July  1,  1907,  shall  be 
deemed  to  have  been  inspected  by  the  commission. 

Board  of  rapid  transit  railroad  commissioners  abolished 
—Effect  thereof.  S  123.  On  and  after  July  1,  1907,  the 
board  of  rapid  transit  railroad  commissioners  shall  be  abol- 
ished. All  the  powers  and  duties  of  such  board  con- 
ferred and  imposed  by  any  statute  of  this  State  s  lall 
thereupon  be  exercised  and  performed  by  the  public  sir 
ice   commission  of  the  first  district. 


r^^ 


Transfer  of  records.  §  124.  1.  The  board  of  railra 
commissioners,  the  commission  of  gas  and  electricity, 
and  the  inspector  of  gas  meters,  shall  transfer  ind 
deliver  to  the  public  service  commission  of  the  sec  )nd 
district  all  books,  .  maps,  papers  and  records  of  w  lat- 
ever  description,  in  their  possession  on  July  1,  1907;  md 
the  said  commission  is  authorized  to  take  possessior  of 
all   such   books,   maps,   papers   and   records. 

2.  The  board  of  rapid  transit  railroad  commissioi  era 
shall  transfer  and  deliver  to  the  public  service  comi  lis- 
sion  of  the  first  district  all  contracts,  books,  mips, 
plans,  papers  and  records  of  whatever  description,  in 
their  possession  on  July  1,  1907;  and  the  said  commis!  ion 
is  authorized  to  lake  possession  of  all  such  contra  ;t8, 
books,  maps,  plans,  papers  and  records.  The  said  c  )m- 
mlssion  may  also,  at  its  pleasure,  retain  in  its  emp  oy- 
ment  of  any  person  or  persons  then  employed  by  the  i  aid 
board  of  rapid  transit  railroad  commissioners,  and  all 
said  persons  shall  be  eligible  to  transfer  and  appointn  ent 
to  positions  under  the  public  service  commission  of  the 
first    district. 

3.  The  public  service  commission  of  the  second  lis- 
trict  may  transfer  to  the  public  service  commissior  of 
the  first  district  any  of  the  said  books,  maps,  pa;  ers 
and  records  which  relate  to  any  corporation,  persor  or 
matter  within  the  jurisdiction  of  the  public  service  <om- 
mission  of  the  first  district. 


Pending  actions  and  proceedings.  §  125.  This  cha 
shall  not  affect  pending  actions  or  proceedings,  civi 
criminal,  brought  by  or  against  the  board  of  raili 
commissioners  or  the  commission  of  gas  and  electri' 
or  the  board  of  rapid  transit  railroad  commissior 
but  the  same  may  be  prosecuted  or  defended  in  the  n 
of  the  public  service  commission,  provided  the  sub 
matter  thereof  is  within  the  statutory  jurisdictior 
such  commission.  Any  investigation,  examination  or 
ceeding  undertaken,  commenced  or  instituted  by  the 
boards  or  commission  or  either  of  them  prior  to  Jul 
1907,  may  be  conducted  and  continued  to  a  final  d' 
minationby  the  proper  public  service  commission  in 
same  manner,  under  the  same  terms  and  conditions, 
with  the  same  effect  as  though  such  boards  or  com 
sion   had  not   been   abolished. 

Construction.  §  126.  Wherever  the  terms  board  of  rail- 
road commissioners  or  commission  of  gas  and  electricity  or 
Inspector  of  gas  meters  or  board  of  rapid  transit  railroad 
commissioners  occur  in  any  law,  contract  or  documert  or 
whenever  in  any  law,  contract  or  document  reference  is 
made  to  such  boards,  cbmmission  or  inspector,  such  ti^rms 
or  reference  shall  be  deemed  to  refer  to  and  include  the 
public  service  commissons  as  established  by  this  chapter, 
so  far  as  such  law,  contract  or  document  pertains  to 
matters  which  are  within  the  jurisdiction  of  the  said  public 
service  commissions. 


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Public  Service  Laws 


967 


S  127.  Of  the  laws  enumerated  In  the  schedule  hereto 
annexed,  that  portion  specified  in  the  last  column  is  hereby 
repealed.  All  other  Acts  and  parts  of  Acts  otherwise  in 
conflict  with  this  Act  are  hereby  repealed. 

CHAPTER  481. 

An  Act  in  relation  to  railroads,  constituting  chapter  49  of 

the  consolidated  laws. 
Became  a  law  June  14,  1910,  with  the  approval  of  the  gover- 
nor.   Passed,  three-fifths  being  present. 
The  people  of  the  State  of  New  York,  represented  in  senate 

and  assembly,  do  enact  as  follows: 

CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 

RAILROAD  LAW. 

Short  title  (§  1). 

Organization,    general   powers    and    location 

Construction,     operation     and     management 

Consolidation,  lease,  sale  and  reorganization 

Street   surface   railroads    (SS170— 210). 
Rapid  transit  Act  of  1875   (§§220—244). 
Laws  repealed;  when  to  take  effect  (§§  250, 

ARTICLE  1. 


Article  1. 

Article  2. 
(§§  5—39). 

Article  3. 
(§§  50—108). 

Article  4. 
(§§  140—155). 

Article  5. 

Article  6. 

Article  7. 
251). 


SHORT   TITLE. 

§  1.     Short  title. 

Short  title.  §  1.  This  chapter  shall  be  known  as  the 
"Railroad  Law." 

ARTICLE  2. 

ORGANIZATION,    GENERAL  POWERS   AND   LOCATION. 

§  5.     Incorporation. 

§  6.     Supplemental  certificate, 

§  7.  Payment  of  capital  stock  after  filing  certificate  of 
incorporation. 

§  8.     Additional  powers  conferred. 

§  9.     Certificate  of  convenience  and  necessity. 

*  So  in  original. 

§  10.  Public  service  commissions  may  certify  part  of 
the  route  of  a  street  surface  railroad;  power  to  revoke 
certificates;  street  surface  railroad  extensions. 

§  11.  Revocation  of  certificate  under  certain  circum- 
stances. 

§  12.     When  corporate  powers  to  cease. 

§  13.     Corporations  failing  to  finish  road. 

§  14.     Time  extended. 

§  15.     Time  extended  where  there  has  been  a  receiver. 

§  16.     Location  of  route. 

§17.  Acquisition  of  title  to  real  property;  additions, 
betterments  and  facilities. 

§  18.     Railroads  through  public  lands. 

§  19.     Railroads  through  Indian  lands. 

§  20.     Railroads  through  Chautauqua  assembly  grounds. 

§  21.     Railroads  along  highways. 

§  22.  Proceedings  to  determine  point  at  which  a  new 
railroad  shall  intersect  one  already  established;  compensa- 
tion; duties  of  intersecting  roads. 

§  23.     Highway  exempted. 

§  24.     Change  of  route,  grade  or  terminus. 

§  25.     Change  of  gauge. 

§  26.     Construction  of  part  of  line  in  another  state. 

§  27.     Two  roads  having  the  same  location. 

§  28.     Tunnel  railroads. 

§  29.     Railroads  in  other  countries. 

§  30.     Additional  corporate  powers  of  such  road. 

§  31.     Location  of  principal  office  of  such  road. 

§  32.  Individual,  joint-stock  association,  or  other 
corporation  may  lay  down  and  maintain  railroad  tracks  in 
certain  cases. " 

§  33.     Powers  of  electric  light  and  power  corporations. 

§  34.     Substituted  lines  in  certain  cases. 

§  35.     Canal  corporation  may  construct  railroad. 

§  36.     Powers  of  such  corporations. 

§  37.     Saving  clause. 

§  38.  Bridge  companies  In  cities  containing  more  than 
1,000,000  inhabitants. 

§  39.    Change  of  time  for  holding  elections. 

Incorporation.     §  5.    Fifteen  or  more  persons  may  be- 


come a  corporation,  for  the  purpose  (1)  of  building,  main- 
taining and  operating  a  railroad,  or  (2)  of  maintaining  and 
operating  a  railroad  already  built,  not  owned  by  a  railroad 
corporation,  or  for  both  purposes,  or  (3)  of  building,  main- 
taining and  operating  a  railroad  for  use  by  way  of  extension 
or  branch  or  cut-off  of  any  railroad  then  existing,  or  for 
shortening  or  straightening  or  improving  the  line  or  grade 
of  such  railroad  or  of  any  part  thereof,  by  executing,  ack- 
nowledging and  filing  a  certificate,  in  which  shall  be 
stated: 

1.  The  name  of  the  corporation. 

2.  The  number  of  years  it  is  to  continue. 

3.  The  kind  of  road  to  be  built  or  operated. 

4.  Its  length  and  termini. 

5.  The  name  of  each  county  in  which  any  part  of  it  Is 
to  be  located. 

6.  The  amount  of  capital  stock,  which  shall  not  be  less 
than  $10,000  for  every  mile  of  road  built,  or  proposed  to  be 
built,  except  a  narrow-gauge  road,  when  it  shall  not  be  less 
than  $3,000  tor  every  such  mile. 

7.  The  number  of  shares  into  which  the  capital  stock  is 
to  be  divided. 

8.  If  the  capital  stock  is  to  consist  of  common  and 
preferred  stock,  the  amount  of  each  class  and  the  rights 
and  privileges  of  the  latter  over  the  former. 

9.  The  names  and  post-oflice  addresses  of  the  directors 
of  the  corporation,  not  less  than  nine,  who  shall  manage 
its  afl:airs  for  the  first  year. 

10.  The  place  where  its  principal  office  is  to  be  located. 

11.  If  a  street  surface  railroad,  the  names  and  descrip- 
tion of  the  streets,  avenues  and  highways  in  which  the  road 
is  to  be  constructed. 

12.  If  it  is  to  be  a  railroad  corporation,  specified  in 
article  6  of  this  chapter,  the  statements  required  by  that 
article  to  be  inserted  in  the  certificate  of  incorporation. 

13.  The  name  and  post-office  address  of  each  subscriber 
to  the  certificate  and  the  number  of  shares  of  stock  he 
agrees  to  take. 

Such  certificate  shall  have  indorsed  thereon,  or  an- 
nexed thereto,  to  be  taken  as  a  part  thereof,  an  affidavit  of 
at  least  three  of  such  directors,  that  at  least  10  per  centum 
of  the  minimum  amount  of  capital  stock  authorized  by  law 
has  been  subscribed  thereto,  and  paid  in  good  faith  and  in 
cash  to  the  directors  named  in  the  certificate,  and  that  it  is 
Intended  in  good  faith  to  build,  maintain  and  operate  the 
road  mentioned  therein.  In  case  of  a  railroad  corporation 
specified  in  article  6  of  this  chapter,  the  affidavit  of  the 
directors  shall  show  that  the  full  amount  of  such  capital 
stock  has  been  in  good  faith  subscribed,  and  there  shall  be 
annexed  to  the  certificate  of  incorporation  and  as  a  part 
thereof  the  certificate  of  the  public  service  commission 
showing  the  organization  of  the  corporation  for  the  pur- 
poses mentioned  in  the  certificate. 

The  filing  of  every  certificate,  where  the  amount  of 
stock  required  by  this  section  has  not  been  in  good  faith 
subscribed  and  paid  in  cash,  shall  be  void. 

Supplemental  certificate.  §  6.  If  the  names  and  places 
of  residence  of  the  directors  of  the  corporation  have  been 
omitted  from  the  certificate,  when  executed  and  acknowl- 
edged, and  thereafter  the  requisite  number  of  directors 
has  been  chosen  at  a  meeting  of  the  subscribers  to  the| 
certificate,  a  supplemental  certificate,  containing  their 
names  and  places  of  residence,  may  be  filed  with  such 
certificate  with  the  same  force  and  effect  as  if  the  names 
and  places  of  residence  of  the  directors  had  been  originally 
inserted  therein. 

Payment  of  capital  stock  after  filing  certificate  of  incor- 
poration. §  7.  Where  It  does  not  appear  by  the  affidavit 
indorsed  on  or  annexed  to  any  certificate  of  incorporation, 
or  articles  of  association  of  any  -railroad  company,  filed 
under  the  laws  of  this  State,  that  the  amount  of  capital 
stock  required  by  the  provisions  of  said  laws  to  be  paid  in 
good  faith  and  in  cash  to  the  directors  named  in  such 
certificate  or  articles  has  been  so  paid,  or  where  the  affi- 
davit required  by  law  is  omitted,  and  where  such  payment 
has  been  made  to  the  directors  named  in  said  certificate  or 
articles,  or  any  of  them,  for  the  use  of  the  company  prior  to 
the  fifteenth  day  of  May,  1903,  and  affidavit  of  at  least  three 
of  the  directors  named  in  said  certificate  or  articles,  stating 
that  prior  to  said  fifteenth  day  of  May,  1903,  at  least  the 
amount  of  capital  stock  of  such  corporation  required  by  the 
law  in  force  at  the  time  of  filing  said  certificate  or  articles 


968 


National  Association  of  Railway  Commissioners 


to  be  subscribed  thereto,  has  been  subscribed  for  in  good 
faith  and  that  the  amount  required  by  the  law  in  force  at 
the  time  of  filing  said  certificate  or  articles  to  be  paid  on 
subscriptions  in  good  faith  and  in  cash  to  the  directors 
named  in  the  certificate  or  articles  has  been  paid  in  cash 
and  in  good  faith  to  the  directors  named  in  said  certificate 
or  articles,  or  any  of  them,  for  the  use  of  said  corporation 
and  that  it  is  intended  in  good  faith  to  build,  construct, 
maintain  and  operate  the  road  mentioned  in  said  certificate 
or  articles,  may  be  filed  in  the  office  of  the  secretary  of 
State,  which  affidavit  shall  be  annexed  to  said  certificate 
or  articles  and  upon  such  filing  said  certificate  or  articles, 
shall  for  all  purposes  have  the  same  force  and  effect  as  If 
an  affidavit  in  all  respects  regular  and  In  conformity  with 
law  had  been  annexed  to  said  certificate  or  articles  when 
said  certificate  or  articles  were  filed  and  as  if  a  subscrip- 
tion and  payment  in  all  respects  sufficient  and  in  conform- 
ity with  law  had  been  made  to  the  directors  named  in  the 
certificate  or  articles,  prior  to  the  original  filing  of  said 
certificate  or  articles  and  said  certificate  or  articles  and 
the  original  filing  thereof  shall  be  and  be  deemed  valid 
from  the  time  of  such  original  filing  and  such  corporation 
shall  be  and  be  deemed  a  valid  corporation  from  said  time 
of  original  filing  and  shall  now  and  hereafter  have  all  the 
rights,  privileges,  powers  and  franchises  to  which  if  a  valid 
corporation  it  would  have  been  entitled  by  law  at  the  time 
of  such  original  filing  together  with  such  other  rights, 
privileges,  powers  and  franchises  as  have  been  since  or 
may  hereafter  be  granted  by  law  to  such  valid  corporations, 
provided  that  nothing  herein  contained  shall  affect  or  im- 
pair any  vested  right.  A  copy  of  said  certificate  or  articles 
with  a  copy  of  said  affidavit  hereinabove  authorized,  certi- 
fied to  be  a  copy  by  the  secretary  of  State  or  his  deputy 
shall  In  all  courts  and  places  and  for  all  purposes  be  pre- 
sumptive evidence  of  the  incorporation  of  such  corporation 
and  of  the  facts  stated  in  said  certificate  or  articles  and 
affidavit.  This  section  shall  not  apply  to  or  affect  any 
street  surface  railroad  company  the  route  of  which  In  whole 
or  in  part  lies  within  any  city  of  the  first  or  second  class 
in  this  state,  and  shall  not  apply  to  or  affect  any  railroad 
corporation  incorporated  under  any  private  or  local  Act. 

Additional  powers  conferred.  §  8.  Subject  to  the  lim- 
itations and  requirements  of  this  chapter  and  of  the  public 
service  commissions  law  every  railroad  corporation,  In 
addition  to  the  powers  given  by  the  general  and  stock  cor- 
poration laws,  shall  have  power: 

1.  Entry  upon  lands  for  purposes  of  survey.  To  cause 
the  necessary  examination  and  survey  for  Its  proppsed  rail- 
road to  be  made  for  the  selection  of  the  most  advantageous 
route;  and  for  such  purpose,  by  its  officers,  agents  or  ser- 
vants, to  enter  upon  any  lands  or  waters  subject  to  liability 
to  the  owner  for  all  damages  done. 

2.  Acquisition  of  real  property.  To  take  and  hold  such 
voluntary  grants  of  real  estate  and  other  property  as  shall 
be  made  to  it  to  aid  in  the  construction,  maintenance  and 
accommodation  of  its  railroad;  and  to  acquire  by  condem- 
nation such  real  estate  and  property  as  may  be  necessary 
for  such  construction,  maintenance  and  accommodation  in 
the  manner  provided  by  law,  but  the  real  property  acquired 
by  condemnation  shall  be  held  and  used  only  for  the  pur- 
poses of  the  corporation  during  the  continuance  of  the 
corporate  existence. 

3.  Construction  of  road.  To  lay  out  on  Its  road  not 
exceeding  six  roads  In  width,  and  to  construct  the  same; 
and,  for  the  purpose  of  cuttings  and  embankments,  to  take 
such  additional  lands  as  may  be  necessary  for  the  proper 
construction  and  security  of  the  road ;  and  to  cut  down  any 
standing  trees  that  may  be  in  danger  of  falling  on  the  road, 
upon  making  compensa'tlon  therefor. 

4.  Intersection  of  streams,  highways,  plank  roads,  turn- 
pikes and  canals.  To  construct  its  road  across,  along  or 
upon  any  stream,  water-course,  highway,  plank-road,  turn- 
pike, or  across  any  of  the  canals  of  the  State,  which  the 
route  of  Its  road  shall  intersect  or  touch. 


5.  Intersection  of  other  railroads.  To  cross.  Intersect, 
join,  or  unite  Its  railroad  with  any  other  railroad  before 
constructed,  at  any  point  on  its  route  and  upon  the  ground 
of  such  other  railroad  corporation,  with  the  necessary  turn- 
outs, sidings,  switches,  and  other  conveniences  in  further- 
ance of  the  objects  of  its  connections. 

6.  Buildings  and  stations.    To  erect  and  maintain  all 


necessary  and  convenient  buildings,  stations,  fixtures  and 
machinery  for  the  accommodation  and  use  of  its  passen- 
gers, freight  and  business. 

7.  Transportation  of  persons  and  property.  To  take 
and  convey  persons  and  property  on  Its  railroad  by  the 
power  or  force  of  steam  or  of  animals,  or  by  any  mechani- 
cal power,  except  where  such  power  Is  specially  prescribed 
in  this  chapter,  and  to  receive  compensation  therefor. 

8.  Time  and  manner  of  transportation.  To  regulate 
the  time  and  manner  in  which  passengers  and  property 
shall  be  transported,  and  the  compensation  to  be  paid 
therefor. 

9.  Purchase  of  lands  and  stocks  in  other  States.  To 
acquire  and  dispose  of  any  real  property  In  any  other  State 
through  which  any  part  of  Its  railroad  is  operated,  and 
stock  in  any  foreign  corporation  owning  lands  in  another 
State  for  the  purpose  of  securing  for  such  railroad  corpora- 
tion in  this  State  a  permanent  supply  of  fuel  for  its  use, 
and  stock  of  corporations  in  this  State,  formed  for  the  pur- 
pose of  erecting  union  railroad  depots. 

10.  Creation  of  mortgage.  From  time  to  time  to  bor- 
row such  sums  of  money  as  may  be  necessary  for  complet- 
ing and  finishing  or  operating  or  improving  its  railroad,  or 
for  any  other  of  Its  lawful  purposes,  and  to  Issue  and  dis- 
pose of  its  bonds  for  any  amount  so  borrowed,  and  ta 
mortgage  its  property  and  franchises  to  secure  the  payment 
of  any  debts  contracted  by  the  company  for  the  purposes 
aforesaid,  notwithstanding  any  limitation  on  such  poiver 
contained  in  any  general  or  special  law.  But  no  mortgage, 
except  purchase-money  mortgages,  shall  be  Issued  by  uny 
railroad  corporation  under  this  chapter  or  any  other  law 
without  the  consent  of  the  publie  service  commission,  ;  nd 
the  consent  of  the  stockholders  owning  at  least  two-thi  ds 
of  the  stock  of  the  corporation,  which  consent  shall  be  in 
writing,  and  shall  be  given  and  certified  and  be  filed  i  nd 
recorded  in  the  office  of  the  clerk  or  register  of  the  cou  ity 
where  it  has  its  principal  place  of  business,  as  provided  in 
§  6  of  the  stock  corporation  law;  or  else  the  consent  of  ho 
public  service  commission  and  the  consent  by  their  vo  es 
of  stockholders  owning  at  least  two-thirds  of  the  stock  of 
the  corporation  which  is  represented  and  voted  upon  in  i  er- 
son  or  by  proxy  at  a  meeting  called  for  that  purpose  upo  i  a 
notice  stating  the  time,  place  and  object  of  the  meeti  ig, 
served  at  least  three  weeks  previously  upon  each  stc  ;k- 
holder  personally,  or  mailed  to  him  at  his  post-of  Ice 
address,  and  also  published  at  least  once  a  week  for  th  ee 
weeks  successively  in  some  newspaper  printed  in  the  c  ty, 
town  or  county  where  such  corporation  has  Its  princi  lal 
office,  and  a  certificate  of  the  vote  at  such  meeting  shall  be 
signed  and  sworn  to  and  shall  be  filed  and  recorded  as 
provided  by  §  6  of  the  stock  corporation  law.  When  autl  or- 
ized  by  the  stockholders'  consent  to  any  bonds  made  or 
issued  under  this  section,  the  directors,  under  such  reg'la- 
tions  as  they  may  adopt,  may  confer  on  the  holder  of  ;  ny 
such  bonds  the  right  to  convert  the  principal  thereof,  al  ter 
two  and  not  more  than  12  years  from  the  date  of  the  bend, 
into  stock  of  the  corporation  at  a  price  fixed  by  the  bo  ird 
of  directors,  which  may  be  either  par  or  a  price  not  lass 
than  the  market  value  thereof  at  the  date  of  such  cons  3nt 
to  such  bonds;  and  if  the  capital  stock  shall  not  be  s  ifB- 
clent  to  meet  the  conversion  when  made,  the  board  of 
directors  shall  authorize  an  Increase  of  capital  stj 
sufficent  for  that  purpose.  | 

Certificate  of  convenience  and  necessity.  §  9.  No  i  all 
road  corporation  formed  after  May  18,  1892,  under  the  1;  ws 
of  this  State  shall  exercise  the  powers  conferred  by  aw 
upon  such  corporations  or  begin  the  construction  of  its  r)ad 
until  the  directors  shall  cause  a  copy  of  the  certificat(  of 
incorporation  to  be  published  in  one  or  more  newspai  ers 
in  each  county  in  which  the  road  is  proposed  to  be  loca  ed, 
at  least  once  a  week  for  three  successive  weeks,  and  si  all 
file  satisfactory  proof  thereof  with  the  public  service  com- 
misslon;  nor  until  the  commission  shall  certify  that  the 
foregoing  conditions  have  been  complied  with,  and  also 
that  public  convenience  and  a  necessity  require  the  con- 
struction of  said  railroad  as  proposed  In  said  certificate  of 
Incorporation.  The  foregoing  certificate  shall  be  applied 
for  within  six  months  after  the  completion  of  the  three 
weeks'  publication  hereinbefore  provided  for.  If  a  ceitifl- 
cate  is  refused  no  further  proceedings  shall  be  had  before 
said  commission,  but  the  application  may  be  renewed  after 


i    of 

l| 

tiff 


Public  Service  Laws 


969 


one  year  from  the  date  of  such  refusal.  Prior  to  granting 
or  refusing  said  certificate  the  commission  shall  have  a 
right  to  permit  errors,  omissions  or  defects  to  be  supplied 
and  corrected.  After  a  refusal  to  grant  such  certificate 
the  commission  shall  certify  a  copy  of  all  maps  and  papers 
on  file  in  its  office  and  of  the  findings  of  the  commission 
when  so  requested  by  the  directors  aforesaid.  Such 
directors  may  thereupon  present  the  same  to  the  appellate 
division  of  the  Supreme  Court  of  the  department  within 
which  said  road  is  proposed  in  whole  or  in  part  to  be  con- 
structed, and  said  appellate  division  shall  have  power,  in 
Its  discretion,  to  order  said  commission,  for  reasons  stated, 
to  issue  said  certificate,  and  it  shall  be  issued  accordingly. 
Such  certificate  shall  be  filed  in  the  office  of  the  secretary 
of  State,  and  a  copy  thereof,  certified  to  be  a  copy  by 
the  secretary  of  State,  or  his  deputy,  shall  be  evidence  of 
the  fact  therein  stated.  Nothing  in  this  section  shall  pre- 
vent any  such  railroad  corporation  from  causing  such  ex- 
aminations and  surveys  for  its  proposed  railroad  to  be 
made  as  may  be  necessary  to  the  selection  of  the  most  ad- 
vantageous route;  and  for  such  purpose  by  its  officers  or 
agents  and  servants,  entering  upon  the  lands  or  water  of 
any  person,  but  subject  to  the  responsibility  for  all  dam- 
ages which  shall  be  done  thereto.  The  certificate  provided 
for  in  this  section  shall  not  dispense  with  the  permission 
and  approval  provided  for  in  §  53  of  the  public  service  com- 
missions law. 

Public  service  commissions  may  certify  part  of  the  route 
of  a  street  surface  railroad — Power  to  revoke  certificates — 
Street  surface  railroad  extensions.  §  10.  Whenever  appli- 
cation is  made  by  a  street  surface  railroad  company  for  a 
certificate  of  public  convenience  and  a  necessity  as  re- 
quired by  the  provisions  of  §  9,  and  it  shall  appear  to  the 
public  service  commission,  after  examination  of  the  pro- 
posed route  of  the  applicant  company,  that  public  conven- 
ience and  a  necessity  do  not  require  the  construction  of 
said  railroad  as  proposed  in  its  certificate  of  incorporation 
but  do  require  the  construction  of  a  part  of  the  said  rail- 
road, the  commission  may  issue  its  certificate  for  the  con- 
struction of  such  part  of  the  said  railroad  as  seems  to  it  to 
be  required  by  public  convenience  and  a  necessity.  In  case 
any  railroad  company  which  shall  hereafter  obtain  the  cer- 
tificate of  the  commission  that  public  convenience  and  a 
necessity  require  the  construction  of  the  whole  or  a  part 
of  the  said  railroad  shall  fail  to  begin  such  construction 
within  two  years  from  the  date  of  the  issuing  of  said  cer- 
tificate, the  commission  may  inquire  into  the  reason  for 
such  failure  and  the  said  commission  may  revoke  said  cer- 
tificate if  it  shall  appear  to  it  to  be  in  the  public  interest 
so  to  do.  Any  street  surface  railroad  company  which  pro- 
poses to  extend  its  road  beyond  the  limits  of  any  city  or 
incorporated  village  by  a  route  which  will  be  practically 
parallel  with  a  street  surface  railroad  already  constructed 
and  in  operation  shall  first  obtain  the  certificate  of  the  com- 
mission that  public  convenience  and  a  necessity  require 
the  construction  of  such  extension  as  pjovided  in  the  case 
of  a  railroad  corporation  newly  formed.  Before  making  ap- 
plication for  such  certificate  the  corporation  shall  cause  to 
be  advertised  the  route  of  the  proposed  extension  in  one 
or  more  newspapers  in  each  county  in  which  such  exten- 
sion is  to  be  constructed,  at  least  once  a  week  for  three 
successive  weeks,  and  shall  file  satisfactory  proof  of  such 
publication  with  the  commission.  Nothing  in  this  section 
shall  prevent  street  railroad  companies  from  making  exten- 
sions within  the  limits  of  cities  or  Incorporated  villages 
upon  compliance  with  the  provisions  of  law  now  applicable 
thereto. 

Revocation  of  certificate  under  certain  circumstances. 
i  11.  Whenever  it  shall  be  made  to  appear  to  the  public 
service  commission  that -any  steam  railroad  corporation, 
which  has  obtained  from  it  or  from  the  board  of  railroad 
commissioners  a  certificate  under  §  9  of  this  chapter  since 
1894,  and  whose  road  is  less  than  10  miles  in  length,  and 
was  to  be  built  in  the  counties  of  Saratoga  and  Washing- 
ton, shall  not  have  completed  its  construction  and  put  it 
in  operation  within  three  years  after  obtaining  such  cer- 
tificate, the  said  commission,  on  notice  to  such  corporation, 
shall  have  the  power  to  revoke  the  said  certificate  and  con- 
sent and  thereupon  the  corporate  existence  and  power  of 
Buch  railroad  corporation  shall  cease  and  determine. 

When  corporate  powers  to  cease.  §  12.  If  any  domestic 
railroad  corporation  shall  not,  within  five  years  after  its 


certificate  of  incorporation  is  filed,  begin  the  construction 
of  its  road  and  expend  thereon  10  per  centum  of  the  amount 
of  its  capital,  or  shall  not  finish  its  road  and  put  it  in  oper- 
ation in  10  years  from  the  time  of  filing  such  certificate,  its 
corporate  existence  and  powers  shall  cease.  But  if  any 
such  steam  railroad  corporation  whose  certificate  of  incor- 
poration was  filed  since  the  year  1880,  and  whose  road  as 
designated  in  such  certificate  is  wholly  within  one  county 
and  not  more  than  10  miles  in  length,  has  acquired  the  real 
property  necessary  for  its  road-bed  by  purchase,  its  cor- 
porate existence  and  powers  shall  not  be  deemed  to  have 
ceased  because  of  its  failure  to  comply  with  the  provisions 
of  this  article;  and  the  time  for  beginning  the  construction 
of  its  road  and  expending  thereon  10  per  centum  of  its 
capital  is  extended  until  13  years  from  the  date  of  the  filing 
of  such  certificate,  and  the  time  for  finishing  its  road  and 
putting  it  in  operation  is  extended  until  18  years  from  the 
date  of  such  filing.  This  section  shall  not  apply  to  any 
street  surface  railroad  company  incorporated  prior  to  July 
1,  1895,  which  has  obtained  or  become  the  owner  of  the 
consents  of  the  local  authorities,  of  any  city  of  the  first  or 
second  class,  given  under  article  5  of  this  chapter,  to  the 
use  of  public  streets,  avenues  or  highways  for  the  construc- 
tion and  operation  of  the  railroad  thereon. 

Corporations  failing  to  finish  road.  §  13.  Any  railroad 
corporation  that  was  duly  incorporated  after  the  year 
1885,  under  the  provisions  of  chapter  140  of  the  laws 
of  1850,  and  the  Acts  amendatory  thereof,  and  that, 
within  two  years  after  its  ceriflcate  of  incorporation 
was  filed,  began  the  construction  of  its  road  and  ex- 
pended $500,000  thereon,  but  failed  to  finish  its  road 
and  put  it  in  operation  within  10  years  from  the  time 
of  filing  such  certificate,  shall  be  entitled  to  and  have 
all  the  rights  and  be  subject  to  all  the  obligations  in- 
tended or  provided  by  the  next  section  of  this  chapter. 

Time  extended.  §  14.  Any  such  corporation  may  finlsti 
its  road  and  put  it  in  operation;  and  the  rights,  powers, 
privileges,  franchises,  obligations,  duties,  restrictions 
and  limitations  of  any  such  corporation  shall  be  as 
though  the  time  heretofore  provided  by  law  to  finish 
its  road  and  put  it  in  operation  had  been  15  years 
from  the  date  of  filing  its  certificate  of  incorporation; 
and  all  rights  or  franchises  acquired  by  any  such  corpora- 
tion to  construct  its  road,  in,  upon,  along  or  across 
any  street  or  highway,  and  all  proceedings  to  locate 
or  extend  its  route  or  change  its  termini,  or  acquire 
any  franchise,  and  all  liens  or  obligations  against  any 
such  corporation  are  hereby  expressly  conferred,  imposed 
and  continued  to  the  same  effect  as  though  the  time  for 
finishing  its  road  had  been  15  years  as  aforesaid.  This 
section  and  the  preceding  one  shall  not  apply  to  any 
street  railroad,  whether  surface,  elevated  or  depressed, 
nor  to  any  railroad  more  than  20  miles  in  length. 

Time  extended  where  there  has  been  a  receiver.  §  15. 
In  every  case  where  a  receiver  of  the  property  or  fran- 
chise of  a  domestic  railroad  corporation  was  appointed 
prior  to  the  fifteenth  day  of  May,  1903,  by  a  court  of  this 
State  or  by  a  court  of  the  United  States  having  juris- 
diction within  the  limits  of  this  State,  the  time  infferven- 
ing  between  the  entry  of  the  order,  judgment  or  decree 
appointing  a  receiver  in  the  first  instance  and  the  entry 
of  the  order,  judgment  or  decree  finally  terminating  the 
receivership,  shall  not  be  or  be  taken  to  be  part  of  the 
time  limited  by  law  for  beginning  the  construction  of  its 
road  by  such  railroad  corporation,  or  for  the  expenditure 
by  it  of  10  per  centum  on  the  amount  of  its  capital 
stock  on  such  construction,  or  for  finishing  its  road  or 
putting  it  in  operation,  and  the  expiration  heretofore 
or  hereafter  during  such  receivership  of  the  time  so  lim- 
ited shall  not  be  taken  to  have  terminated  or  in  any 
way  to  have  affected  the  existence,  franchises,  rights 
or  privileges  of  said  corporation;  but  such  corporation 
shall  have  all  rights,  privileges,  powers  and  franchises 
to  which  if  a  valid  corporation  it  would  have  been  en- 
titled by  law  at  the  time  of  filing  its  certificate  of  incor- 
poration, together  with  such  rights,  privileges,  powers 
and  franchises  as  have  since  been  or  may  hereafter  be 
granted  by  law  to  such  corporation;  provided  that  noth- 
ing in  this  section  contained  shall  in  any  way  alter, 
affect  or  impair  any  vested  right  or  interest.  And 
such  corporation,  or  in  case  of  a  sale  of  its  franchises 
by  the  court,  then  the  successor  corporation  acquiring 
the  franchise,  shall  be  entitled  to  the  same  period  of  time 


970 


NATioNii  Association  of  Railway  Commissioners 


for  the  performance  of  said  acts  and  things  after  the 
termination  of  receivership  as  remained  to  said  corpora- 
tion at  the  time  of  entry  of  the  order,  judgment  or  decree 
appointing  a  receiver  in  the  first  instance.  This  section 
shall  not  apply  to  or  affect  any  street  surface  railroad  com- 
pany the  route  of  which  in  whole  or  in  part  lies  within  any 
city  of  the  first  or  second  class  in  this  State,  and  shall 
not  apply  to  or  affect  any  railroad  corporation  incorpo- 
rated  under   any   private   or   local   Act. 

Location  of  route.  §  16.  Kvery  railroad  corporation, 
except  a  street  surface  railroad  corporation  and  an  elevated 
railroad  corporation,  before  constructing  any  part  of  its 
road  in  any  county  named  in  its  certificate  of  incor- 
poration, or  Instituting  any  proceedings  for  the  con- 
demnation of  real  property  therein,  shall  make  a  map 
and  profile  of  the  route  adopted  by  it  in  such  county, 
certified  by  the  president  and  engineer  of  the  corporation, 
or  a  majority  of  the  directors,  and  file  them  in  the  office 
of  the  clerk  of  the  county  in  which  the  road  is  to  be 
made.  The  corporation  shall  give  written  notice  to  all 
actual  occupants  of  the  lands  over  which  the  route  of  the 
road  is  so  designated,  and  which  has  not  been  purchased 
by  or  given  to  it,  of  the  time  and  place  such  map  and 
profile  were  filed,  and  that  such  route  passes  over  the 
lands  of  such  occupants.  Any  such  occupant  or  the 
owner  of  the  lands  aggrieved  by  the  proposed  location, 
may,  within  15  days  after  receiving  such  notice,  give 
10  days'  written  notice  to  such  corporation  and  to  the 
owners  or  occupatits  of  lands  to  be  affected  by  any 
proposed  alteration,  of  the  time  and  place  of  an  appli- 
cation to  a  justice  of  the  Supreme  Court,  in  the  judicial 
district  where  the  lands  are  situated,  by  petition  duly 
verified,  for  the  appointment  of  commissioners  to  ex- 
amine  the  route. 

The  petition  shall  state  the  objections  to  the  route 
designated,  shall  designate  the  route  to  which  it  is  pro- 
posed to  alter  the  same,  and  shall  be  accompanied  with 
a  survey,  map  and  profile  of  the  route  designated  by 
the  corporation,  and  of  the  proposed  alteration  thereof, 
and  copies  thereof  shall  be  served  upon  the  corporation 
and  such  owners  or  occupants  with  the  notice  of  the 
application.  The  justice  may,  upon  the  hearing  of  the 
application,  appoint  three  disinterested  persons,  one  of 
whom  must  be  a  practical  civil  engineer,  commissioners 
to  examine  the  route  proposed  by  the  corporation,  and 
the  route  to  which  it  is  proposed  to  alter  the  same,  and 
after  hearing  the  parties,  to  affirm  the  route  originally 
designated,  or  adopt  the  proposed  alteration  thereof,  as 
may  be  consistent  with  the  just  rights  of  all  parties  and 
the  public,  including  the  owners  or  occupants  of  lands 
upon  the  proposed  alterations;  but  no  alteration  of 
the  route  shall  be  made  except  by  the  concurrence  of 
the  commissioner  who  is  a  practical  civil '  engineer, 
nor  which  will  cause  the  greater  damage  or  injury 
to  lands  or  materially  greater  length  of  road  than  the 
route  designated  by  the  corporation,  nor  which  shall 
substantially  change  the  general  line  adopted  by  the 
corporation. 

The  commissioners  shall,  within  30  days  after  their 
appointment,  make  and  certify  their  written  determina- 
tion, which,  with  the  petition,  map,  survey  and  profile, 
and  any  testimony  taken  before  them,  shall  be  immedi- 
ately filed  in  the  office  of  the  county  clerk  of  the 
county.  Within  20  days  after  such  filing,  any  party 
may,  by  written  notice  to  the  other,  appeal  to  the 
appellate  division  of  the  Supreme  Court  from  the  decision 
of  the  commissioners,  which  appeal  shall  be  heard 
and  decided  at  the  next  term  held  in  the  department^ 
in  which  the  lands  of  the  petitioners  or  any  of  them 
are  situated,  for  which  the  same  can  be  noticed,  accord- 
ing to  the  rules  and  practice  of  the  court.  On  the 
hearing  of  such  appeal,  the  court  may  affirm  the  route 
proposed  by  the  corporation  or  may  adopt  that  proposed 
by  the  petitioner. 

The  commissioners  shall  each  be  entitled  to  $6 
per  day  for  their  services,  and  to  their  reasonable  and 
necessary  expenses,  to  be  paid  by  the  persons  who 
applied  for  their  appointment.  If  the  route  of  the  road, 
as  designated  by  the  corporation,  is  altered  by  the 
commissioners,  or  by  order  of  the  court,  the  corporation 
shall  refund  to  the  petitioner  the  amount  so  paid,  unless 
the  decision  of  the  commissioners  is  reversed  upon  ap- 
peal taken  by  the  corporation.  No  such  corporation  shall 
institute   any    proceedings    for   the    condemnation    of   real 


\ 


property  in  any  county  until  after  the  expiration  of  15 
days  from  the  service  by  it  of  the  notice  required  by  this 
section.  Every  such  corporation  shall  transmit  to  the 
public  service  commission  the  following  maps,  profiles 
and  drawings  exhibiting  the  characteristics  of  its  road, 
to-wit : 

A  map  or  maps  showing  the  length  and  direction  of 
each  straight  line;  the  length  and  radius  of  each  curve; 
the'  point  of  crossing  of  each  town  and  county  line, 
and  the  length  of  the  line  in  each  town  and  county  ac- 
curately determined  by  measurements  to  be  taken  after 
the  completion  of  the  road. 

Whenever  any  part  of  the  road  is  completed  and  used, 
such  maps  and  profiles  of  such  completed  part  shall  be 
filed  with  tlie  commission  within  three  months  after  the 
completion  of  any  such  portion  and  the  commencement 
of  its  operation;  and  when  any  additional  portion  of 
the  road  shall  be  completed  and  used,  other  maps  shall 
be  filed  within  the  same  period  of  time,  showing  the 
additional  parts  so  completed.  If  the  route,  as  located 
upon  the  map  and  profile  filed  in  the  office  of  any  county 
clerk,  shall  have  been  changed,  it  shall  also  cause  a  copy 
of  the  map  and  profile  filed  in  the  office  of  the  public 
service  commission,  so  far  as  it  may  relate  to  the  lo- 
cation in  such  county,  to  be  filed  in  the  office  of  he 
county   clerk. 

Acquisition  of  title  to  real  property — Additions,  hep  er- 
ments  and  facilities.  §  17.  All  real  property  required  by 
any  railroad  corporation  for  the  purpose  of  its  incoipo- 
ration  or  for  any  purpose  stated  in  this  chapter  sliall 
be  deemed  to  be  required  for  a  public  use,  and  may 
be  acquired  by  such  corporation.  If  the  corporation  is 
unable  to  agree  for  the  purchase  of  any  such  real  piop- 
erty,  or  of  any  right,  interest  or  easement  therein,  re- 
quired for  any  such  purpose,  or  if  the  owner  ther  ;oI 
shall  be  incapable  of  selling  the  same,  or  if  after  dilig  -nt 
search  and  inquiry  the  name  and  residence  of  any  si  ch 
owner  cannot  be  ascertained,  it  shall  have  the  ri  cht 
to  acquire  title  thereto  by  condemnation.  Every  railr  )ad 
corporation  shall  have  the  power  from  time  to  time  to 
make  and  use  upon  or  in  connection  with  any  railn  ad 
either  owned  or  operated  by  it,  such  additions,  bet  er- 
ments  and  facilities  as  may  be  necessary  or  convenl  nt 
tor  the  better  management,  maintenance  or  operat  on 
of  any  such  railroad,  and  shall  have  the  right,  by  ]  ur- 
chase  or  by  condemnation,  to  acquire  any  real  propc  rty 
required  therefor,  and  it  shall  also  have  the  right  of  t  on- 
demnation  in  the  following  additional  cases: 

1.  Where  title  to  real  property  has  been  acquii  ed, 
or  attempted  to  be  acquired,  and  has  been  found  to  be 
invalid  or   defective. 

2.  Where  its  railroad  shall  be  lawfully  in  possess  on 
of  a  lessee,  mortgagee,  trustee  or  receiver,  and  additic  nal 
real  property  shall  be  required  for  the  purpose  of  ;  un- 
ning  or  operating  such  railroad. 

3.  Where  it  shall  require  for  any  railroad  owned  or 
operated  by  it  any  further  rights  to  lands  or  the  iise 
of  lands  for  additional  main  tracks  or  for  branc'ies, 
sidings,  switches  or  turnouts,  or  for  connections  or  for 
cut-offs  or  for  shortening  or  straightening  or  impyo^  ing 
the  line  or  grade  of  its  road  or  any  part  thereof.  J  Iso 
where  it  shall  require  any  further  rights  to  lands  or  the 
use  of  lands  for  filling  any  structures  of  its  road,  or  for 
constructing,  widening  or  completing  any  of  its  em- 
bankments or  roadbeds,  by  means  of  which  greater  sa  ety 
or  permanency  may  be  secured,  and  such  lands  shall  be 
contiguous  to  such  railroad  and  reasonably  accessible. 

4.  Where  it  shall  require  any  further  right  to  lands 
or  to  the  use  of  lands  for  the  flow  of  water  occasiciied 
by  railroad  embankments  or  structures  now  in  use  or 
hereafter  rendered  necessary,  or  for  any  otlier  purpose 
necessary  for  the  oi)eration  of  such  railroad,  or  for 
any  right  to  take  »nd  convey  water  from  any  spring,  i 
pond,  creek  or  river  to  such  railroad,  for  the  uses 
and  purposes  thereof,  together  with  the  right  to  build  { 
or  lay  aqueducts  or  pipes  for  the  purpose  of  conveying 
such  water,  and  to  take  up,  relay  and  repair  the  sf.me, 
or  for  any  right  of  way  required  for  carrying  away 
or  diverting  any  water,  stream  or  floods  from  such 
railroad  for  the  purpose  of  protecting  its  road  or  for 
the  purpose  of  preventing  any  embankment,  excavation 
or  structure  of  such  railroad  from  injuring  the  prop- 
erty of  any  person  who  may  be  rendered  liable  to  injury 
thereby. 


Public  Service  Laws 


971 


Waters  commonly  used  for  domestic,  agricultural 
or  manufacturing  purposes  shall  not  be  taken  by  con- 
demnation to  sucli  an  extent  as  to  injuriously  interfere 
witli  such  use  in  the  future.  No  railroad  corporation 
shall  have  the  right  to  acquire  by  condemnation  any 
right  or  easement  in  or  to  any  real  property  owned  or 
occupied  by  any  other  railroad  corporation,  except  the 
right  to  intersect  or  cross  the  tracks  and  lands  owned 
or  held  for  right  of  way  by  such  other  corporation,  with- 
out appropriating  or  affecting  any  lands  owned  or  held 
for  depots  or  gravel  beds. 

Railroads  through  public  lands.  §  18.  The  commission- 
ers of  the  land  office  may  grant  to  any  domestic  railroad 
corporation  land  belonging  the  people  of  the  State, 
except  the  reservation  at  Niagara  and  the  Concourse 
lands  on  Coney  Island,  which  may  be  required  for  the 
purposes  of  its  road  on  such  terms  as  may  be  agreed 
upon  by  them;  or  such  corporation  may  acquire  title 
thereto  by  condemnation;  and  the  county  or  town  officers 
having  charge  of  any  land  belonging  to  any  county  or 
town,  required  for  such  corporation  for  the  purposes 
of  its  road,  may  grant  such  land  to  the  corporation  for 
such  compensation  as  may  be  agreed  upon.  In  case 
the  land,  or  any  right,  interest  or  easement  therein, 
required  by  such  railroad  corporation  is  used  for  prison 
purposes  the  commissioners  of  the  land  office  may  grant 
such  land,  or  any  right,  interest  or  easement  therein, 
provided  the  plans  of  such  railroad  corporation  for  the  use 
of  such  prison  lands,  or  such  right,  interest  or  easement 
therein,  have  the  approval  of  the  superintendent  of  State 
prisons. 

Railroads  through  Indian  lands.  §  19.  Any  railroad 
corporation  may  contract  with  the  chiefs  of  any  nation 
of  Indians,  over  whose  lands  it  may  be  necessary  to  con- 
struct its  railroad,  for  the  right  to  make  such  road  upon 
such  lands,  but  sucli  contract  shall  not  vest  in  the  cor- 
poration the  fee  to  the  land,  nor  the  riglit  to  occupy 
the  same  for  any  purposes  other  than  may  be  necessary 
tor  the  construction,  occupancy  and  maintenance  of  such 
railroad,  and  such  contract  shall  not  be  valid  or  effectual 
until  it  shall  be  ratified  by  the  County  Court  of  the 
county   where   the  land   shall  be   situated. 

Railroads  through  Chautauqua  assemily  grounds.  §  20. 
No  railroad  corporation  shall  build,  construct  or. operate 
any  railroad  in,  upon,  over  or  through  the  grounds, 
lands  or  premises  owned  by  the  Chautauqua  assembly 
corporation  in  the  town  and  county  of  Chautauqua, 
without  the  written  consent  of  a  fnajority  of  the  board 
of  trustees  of  such  assembly  corporation. 

Railroads  'oTong  highways.  §  21.  No  railroad  corpora- 
tion shall  erect  any  bridge  or  other  obstruction  across, 
in  or  over  any  stream  or  lake,  navigated  by  steam  or 
sail  boats  at  the  place  where  it  may  be  proposed  to 
he  erected,  nor  shall  it  construct  its  road  in,  upon  or 
across  any  street  of  any  city  without  the  assent  of  the 
corporation  of  such  city,  nor  across,  upon  or  along  any 
highway  in  any  town  or  street  in  any  incorporated  vil- 
lage, without  the  order  of  the  Supreme  Court  of  the 
district  in  which  such  highway  or  street  is  situated, 
made  at  a  special  term  thereof,  after  at  least  10  days' 
written  notice  of  the  intention  to  make  application  for 
Buch  order  shall  have  been  given  to  the  superintendent 
of  highways  of  such  town,  or  board  of  trustees  of  the 
village  in  which  such  highway  or  street  is  situated. 
Every  railroad  corporation  which  shall  build  its  road 
along,  across  or  upon  any  stream,  water-course,  street, 
highway,  plank-road  or  turnpike,  which  the  route  of  Its 
road  shall  intersect  or  touch,  shall  restore  the  stream 
or  water-course,  street,  highway,  plank-road  and  turnpike, 
thus  intersected  or  touched,  to  its  former  state,  or  to 
Buch  state  as  not  to  have  unnecessarily  impaired  its  use- 
fulness, and  any  such  highway,  turnpike  or  plank-road 
may  be  carried  by  it,  under  or  over  its  track,  as  may  be 
found  most  expedient.  Where  an  embankment  or  cut- 
ting shall  make  a  change  in  the  line  of  such  highway, 
turnpike  or  plank-road '  desirable,  with  a  view  to  a  more 
i  easy  ascent  or  descent,  it  may  construct  such  highway, 
turnpike  or  plank-road,  on  such  new  line  as  its  directors 
may  select,  and  may  take  additional  lands  therefor 
by  condemnation  if  necessary.  Such  lands  so  taken 
i  shall  become  part  of  such  intersecting  highway,  turnpike 
I  Or  plank-road,  and  shall  be  held  in  the  same  manner 
(      and   by   the   same   tenure   as   the   adjacent   parts   of   the 


highway,  turnpike  or  plank-road  are  held  for  highway 
purposes.  Every  railroad  corporation  shall  pay  all  dam- 
ages sustained  by  any  turnpike  or  plank-road  corporation 
in  consequence  of  its  crossing  or  occupation  of  any 
turnpike  or  plank-road,  and  in  case  of  inability  to  agree 
upon  the  amount  of  such  damages  it  may  acquire  the 
right  to  such  crossing  or  occupation  by  condemnation. 

Proceedings  to  determine  point  at  which  a  new  railroad 
shall  intersect  one  already  established  —  Compensation — 
Duties  of  intersecting  roads.  §  22.  Every  railroad  corpo- 
ration, whose  road  is  or  shall  be  intersected  by  any  new 
railroad,  shall  unite  with  the  corporation  owning  such 
new  railroad  in  forming  the  necessary  intersections 
and  connections,  and  grant  the  requisite  facilities  there- 
for. If  the  two  corporations  cannot  agree  upon  the 
amount  of  compensation  to  be  made  therefor  or  upon 
the  line  or  lines,  grade  or  grades,  points  or  manner  of 
such  intersections  and  connections,  the  same  shall  be 
ascertained  and  determined  by  commissioners,  one  of 
whom  must  be  a  practical  civil  engineer  and  surveyor, 
to  be  appointed  by  the  court,  as  is  provided  in  the  con- 
demnation law.  Such  commissioners  may  determine 
whether  the  crossing  or  crossings  of  any  railroad  before 
construction  shall  be  beneath,  at,  or  above  the  existing 
grade  of  such  railroad,  and  upon  the  route  designated 
upon  the  map  of  the  corporation  seeking  the  crossing 
or  otherwise.  All  railroad  corporations  whose  roads 
are  or  shall  hereafter  be  so  crossed,  intersected  oi* 
joined,  shall  receive  from  each  other  and  forward  to 
their  destination  all  goods,  merchandise  and  other  prop- 
erty intended  for. points  on  their  respective  roads,  with 
the  same  dispatch  as,  and  at  a  rate  of  freight  not  ex- 
ceeding the  local  tariff  rate  charged  for  similar  goods, 
merchandise  and  other  property,  received  at  or  forwarded 
from  the  same  point  for  individuals  and  other  corpora- 
tions. 

Highway  exempted.  §  23.  No  railroad  shall  be  con- 
structed, maintained  or  operated  and  no  railroad  tracks 
shall  be  laid  upon  the  State  road  known  as  the  Buffalo 
and  White's  Corners  plank-road  in  the  county  of  Erie, 
where  none  now  exists,  excepting  such  as  may  be 
necessarily  iaid  for  the  purpose  only  of  crossing  said 
highway.  The  provisions  of  this  section  shall  not  affect 
any  consents  granted  prior  to  the  eighteenth  day  of 
April,  1905,  or  any  rights  acquired  for  the  construction 
of  any  such  railroad. 

Change  of  route,  grade  or  terminus.  §  24.  Every  rail- 
road corporation,  except  elevated  railroad  corporations, 
may,  by  a  vote  of  two-thirds  of  all  its  directors,  alter 
or  change  the  route  or  any  part  of  the  route  of  its  road 
or  its  termini,  or  locate  such  route,  or  any  part  thereof, 
or  its  termini,  in  a  county  adjoining  any  county  named 
in  its  certificate  of  incorporation,  if  it  shall  appear  to 
them  that  the  line  can  be  improved  thereby,  upon 
making  and  filing  in  the  clerk's  office  of  the  proper  county 
a  survey,  map  and  certificate  of  such  alteration  or 
change.  If  the  same  is  made  after  the  corporation  has 
commenced  grading  the  original  route,  compensation 
shall  be  made  to  all  persons  for  injury  done  by  such 
grading  to  any  lands  donated  to  the  corporation.  But 
neither  terminus  can  be  changed,  under  this  section,  to 
any  other  county  than  one  adjoining  that  in  which  it 
was  previously  located;  nor  can  the  route  or  terminus 
of  any  railroad  be  so  changed  in  any  town,  county  or 
municipal  corporation,  which  has  issued  bonds  and 
taken  any  stock  or  bonds  in  aid  of  the  construction  of 
such  railroad,  without  the  written  consent  of  a  majority 
of  the  taxpayers  appearing  upon  the  last  assessment 
roll  of  such  town,  county  or  municipal  corporation,  unless 
such  terminus,  after  the  change,  will  remain  in  the 
same  village  or  city  as  theretofore.  No  alteration  of  the 
route  of  any  railroad  after  its  construction  shall  be  made, 
or  new  line  or  route  of  road  laid  out  or  established, 
as  provided  In  this  section,  in  any  city  or  village,  unless 
approved  by  a  vote  of  two-thirds  of  the  common  council 
of  the  city  or  trustees  of  the  village.  Any  railroad  cor- 
poration whose  road  as  located  terminates  at  any  rail- 
road previously  constructed  or  located,  whereby  com- 
munication might  he  had  with  any  incorporated  city  of 
the  State,  may  amend  its  certificate  of  incorporation 
so  as  to  terminate  its  road  at  the  point  of  its  intersec- 
tion with  any  railroad  subsequently  located  to  intersect 
it,   and   thereby,  by  itself  or  its  connection,  afford   com- 


972 


National  Association  of  Railway  Commissioners 


munication  with  such  city,  with  the  consent  of  the 
stoclcholders  owning  two-thirds  of  the  stocli  of  the  cor- 
poration. Any  railroad  corporation  may,  by  a  vote  of 
its  directors,  change  the  grade  of  any  part  of  its 
road,  except  that  in  the  city  of  Buffalo  such  change  must 
conform  to  the  general  plan  heretofore  adopted  and  filed 
by  the  grade  crossing  commissioners  of  said  city,  or  any 
modification  thereof,  within  the  territory  covered  by  said 
general  plan,  in  such  manner  as  it  may  deem  necessary 
to  avoid  accidents  and  facilitate  the  use  of  such  road; 
and  it  may  by  such  vote  alter  the  grade  of  its  road,  for 
such  distance  and  in  such  manner  as  it  may  deem  neces- 
sary, on  each  or  either  side  of  the  place  where  the  grade 
of  its  road  has  been  changed  by  direction  of  the  super- 
intendent of  public  works,  at  any  point  where  its  road 
crosses  any  canal  or  canal  feeder,  except  that  in  the 
city  of  Buffalo  such  change  must  conform  to  the  general 
plan  heretofore  adopted  and  filed  by  the  grade  crossing 
commissioners  of  said  city,  or  any  modification  thereof, 
within  the  territory  covered  by  said  general  plan. 
The  superintendent  of  public  works  shall  have  a  general 
and  supervisory  power  over  that  part  of  any  railroad 
which  passes  over,  or  approaches  within  10  rods  of  any 
canal  or  canal  feeder  belonging  to  the  State,  so  far  as 
may  be  necessary  to  preserve  the  free  and  perfect 
use  'of  such  canals  or  feeders,  or  to  make  any  repairs, 
improvements  or  alterations  in  the  same.  Any  railroad 
corporation  whose  tracks  cross  any  of  the  canals  ot  the 
State,  and  the  grade  of  which  may  be  raised  by  direc- 
tion of  the  superintendent  of  public  works,  with  the 
assent  of  such  superintendent,  may  lay  out  a  new  line 
of  road  to  cross  such  canal  at  a  more  favorable  grade, 
and  may  extend  such  new  line  and  -connect  the  same 
with  any  other  line  of  road  owned  by  such  corporation 
upon  making  and  filing  in  the  clerk's  ofllce  of  the  proper 
county  a  survey,  map  and  certificate  of  such  new  or 
altered  line.  No  portion  of  the  track  of  any  railroad,  as 
described  in  its  certificate  of  incorporation,  shall  be 
abandoned,  under    this    section. 

Change  of  gauge.  §  25.  Any  railroad  company  incorpo- 
rated under  chapter  140  of  the  laws  of  1850,  entitled 
"An  Act  to  authorize  the  formation  of  railroad  corpora- 
tions and  to  regulate  the  same,"  and  Acts  amendatory 
thereof  and  supplementary  thereto,  may  change  the 
gauge  of  its  roa'd  on  consent  of  the  public  service  com- 
mission and  approval  of  the  stockholders  of  said  railroad 
company  owning  three-fourths  in  amount  of  the  capital 
stock,  said  approval  of  said  stockholders  to  be  made  at 
a  special  meeting  of  the  stockholders  of  said  company 
called  for  that  purpose;  and  upon  like  consent  of  said 
commission,  and  upon  like  approval  of  the  stockholders 
of  said  railroad  company  owning  three-fourths  in  amount 
of  the  said  capital  stock  of  said  company,  the  floating  and 
bonded  indebtedness  of  said  railroad  company  may  be 
increased  to  an  amount  necessary  to  make  such  change 
of  gauge  and  to  provide  for  the  operating  expenses  of 
said  railroad,  notwithstanding  restrictions  or  limitations 
contained  in  the  original  certificate  of  incorporation  of 
said  railroad  company. 

Construction  of  part  of  line  in  another  State.  §  26. 
Any  railroad  corporation,  whose  proposed  railroad  Is 
to  be  built  between  any  two  points  in  this  State,  may, 
by  a  vote  of  two-thirds  of  all  its  directors,  locate  and 
construct  a  part  of  its  road  in  an  adjoining  State;  and 
the  sections  of  its  road  within  this  State  shall  be  deemed 
a  connected  line,  according  to  the  certificate  of  incor- 
poration, and  the  directors  may  reduce  the  capital  stock 
of  the  corporation  to  such  amount  as  may  be  deemed 
proper,  but  not  less  than  $10,000  per  mile  for  the  number 
of  miles  of  road  to  be  actually    constructed  in  this  State. 

Two  roads  having  the  same  location.  §  27.  If  two  rail- 
road corporations  for  a  portion  of  their  respective  lines 
embrace  the  same  location  of  line,  or  if  their  lines 
connect,  or  are  tributary  to  each  other,  such  corporations 
may  by  agreement  provide  for  the  construction  by  one  of 
them  of  so  much  of  such  line  as  Is  common  to  both,  or  con- 
nects with  its  own  line,  and  for  the  manner  and  terms  upon 
which  the  business  thereon  shall  be  performed,  and  the 
corporation  that  is  not  to  construct  the  part  of  the  line 
which  is  common  to  both  may  amend  its  certificate  of 
incorporation,  and  terminate  its  line  at  the  point  of  inter- 
section, and  may  reduce  its  capital  to  a  sum  not  less  than 


$10,000  for  each  mile  ot  road  proposed  to  be  constructed 
in  such  amended  certificate. 

Tunnel  railroads.  §  28.  When,  according  to  the  route 
and  plan  for  the  building  of  its  road,  adopted  by  any 
railKoad  corporation,  including  corporations  organized 
under  chapter  140  of  the  laws  of  1850,  and  the  Acts 
amendatory  thereof,  and  supplementary  thereto,  it  shall 
be  necessary  or  projjer  to  build  it  or  any  part  of  it  under- 
ground, or  to  tunnel  or  bridge  any  river  or  waters,  such 
corporation  may  enter  upon,  acquire  title  to  and  use 
such  lands  under  water  and  uplands,  except  on  or 
along  and  canals  of  the  State,  as  shall  be  necessary 
lor  the  purpose  herein  mentioned,  and  may  construct, 
erect  and  secure  the  necessary  foundations  and  other 
structures  which  may  be  required  for  operating  and 
maintaining  such  road,  or  connecting  the  same  with 
another,  and  to  acquire,  in  the  manner  provided  by  law, 
such  land  or  rights  or  easements  in  lands  along  its 
route,  uiwn,  over  or  beneath  the  surface  thereof  as 
may  be  necessary  for  the  construction  of  its  road  end 
making  such  connections.  Where  such  road  runs  under- 
neath the  ground,  at  such  depth  as  to  enable  the  cor- 
poration to  tunnel  the  same,  such  tunnel  shall  be  so 
built  and  at  all  times  kept  in  such  condition  as  to 
make  the  surface  of  the  ground  above  the  same  in  i  he 
neighborhood  thereof  firm  and  safe  for  buildings  End 
other  erections  thereon,  and  if  surface  excavations  are 
made  the  surface  shall  be  restored  to  its  former  coi  di- 
tion  as  soon  as  can  be  done,  except  so  far  as  may  be  ic- 
tually  required  for  ventilation  of  the  tunnel  bene  ith 
the  same  or  access  thereto.  Such  road  or  any  p  irt 
of  it  may  be  built  within  the  limits  of  any  city  or  in- 
corporated village  of  this  State,  and  run  by  means  of 
a  tunnel  underneath  any  of  the  streets,  roads  or  put  lie 
places  thereof,  provided  such  corporation  shall,  bef«  re 
constructing  the  same  underneath  any  such  street,  read 
or  public  place,  have  obtained  the  consent  of  the  owm  rs 
of  one-half  in  value  of  the  property  bounded  on  1  he 
line  ot  such  street,  road  or  public  place,  and  the  cons(  nt 
of  the  board  of  trustees  of  the  village,  by  a  resoluti  on 
adopted  at  a  regular  meeting  and  entered  on  the  recoi  ds 
of  the  board,  or  of  the  proper  authorities  of  the  c  ty 
having  control  of  such  streets,  roads  or  public  plac  !S. 
If  the  consent  of  such  property  owners  can  not  be 
obtained,  the  appellate  division  of  the  Supreme  Co  irt 
in  the  department  in  which  said  city  or  village  or  a  ay 
part  thereof  is  situated,  may  upon  application  appo  nt 
three  commissioners,  who  shall  determine,  after  a  he  ir- 
Ing  of  all  parties  interested,  whether  such  railroad  ou;  ht 
to  be  built  underneath  such  streets,  roads  or  put  lie 
places,  or  any  of  them,  and  in  what  manner  the  sa  ae 
may  be  so  built  with  the  least  damage  to  the  surfi  ce 
and  the  use  of  the  surface  by  the  public,  and  he 
determination  of  the  commissioners  confirmed  by  t  he 
court  may  be  taken  in  lieu  of  the  consent  of  the  prope  ty 
owners.  All  railroad  corporations  constructing  their  ri  ad 
under  this  section  shall  be  subject  to  all  the  provisi<  ns 
of  this  chapter  applicable  thereto.  Any  other  railrc  ad 
corporation  may  connect  its  road  therewith,  at  sv  ch 
points  or  places  as  it  may  elect,  and  where  such  c  m- 
nections  shall  be  made  by  connecting  roads,  the  r.dl- 
road  corporations  owning  such  roads  shall  build,  at  thalr 
Joint  expense,  and  for  their  joint  use,  such  passenjer 
and  freight  depots,  and  other  accommodations  for  hand- 
ling passengers  and  freight,  as  may  be  required  for  1  he 
convenience  of  the  public.  All  railroad  corporatic  ns 
constructing  any  tunnel  under  the  provisions  of  t  ils 
section  shall  be  liable  to  any  person  or  corporation 
for  all  damages  which  may  be  sustained  by  reaton 
of  the  construction  of  such  tunnel.  Whenever  it  shall 
be  necessary,  in  constructing  any  railroad  authorized 
by  this  section  through  any  city  or  Incorporated  village, 
to  alter  the  position  or  course  ot  any  sewer,  or  water 
or  gas  pipes,  it  shall  be  done  at  the  expense  of  the  nil- 
road  corporation  under  the  direction  of  the  departm^snt 
or  corporation  having  charge  thereof,  so  as  not  to 
interfere  with  such  work.  In  all  x:ases  the  use  of  streets, 
docks  and  lands  beneath  which  such  railroad  is  constructed, 
and  on  the  route  thereof  and  the  right  of  way  beneath  the 
same,  for  the  purpose  of  such  railroad,  shall  be  con- 
•Idered,  and  Is  hereby  declared,  a  public  use,  consistent 
with  and  one  of  the  uses  for  which  streets  and  docks 
are    publicly    held.      No    public    park    or    square    in    any 


Public  Service  Laws 


973 


city  or  village  of  this  State  shall  be  used  or  occupied 
by  any  corporation  for  any  of  the  purposes  of  this  sec- 
tion, and  every  road  constructed  hereunder  in  or  through 
any  such  street  or  public  place  shall  be  wholly  under- 
ground and  constructed  In  a  tunnel  and  not  otherwise. 
But  nothing  In  this  section  shall  operate  to  revive  any 
charter  or  franchise  heretofore  granted  by  or  In  the 
city  of  Brooklyn.  This  section  does  not  authorize  the  con- 
Btruction  of  any  bridge  over  or  acroBS  the  East  or  North 
rivers. 

Railroads  in  other  countries.  §  29.  A  railroad  corpo- 
ration may  be  formed  under  this  chapter  for  the  pur- 
pose of  constructing,  maintaining  and  operating  in  any 
foreign  country  a  railroad  for  public  use  in  the  transporta- 
tion of  persons  and  property,  or  for  the  purpose  of  main- 
taining and  operating  therein  any  railroad  already  con- 
structed, in  whole  or  in  part,  for  the  like  public  use,  and  of 
constructing,  maintaining  and  operating,  in  connection 
therewith,  telegraph  lines  and  lines  of  steamboata  or 
galling  vessels.  Any  corporation  formed  for  the  construc- 
tion and  operation  of  a  railroad  by  stationary  power 
may  construct,  operate  and  maintain  a  railroad  in  any 
other  State  or  country.  If  not  In  conflict  with  the  laws 
thereof,  but  the  assent  of  the  inventors  or  patentees  of 
of  the  method  of  propulsion  used  must  be  first  obtained 
in  the  same  manner  and  to  the  same  extent  as  would  be 
necessary  within  the  United  States.  The  term  "foreign" 
in  this  and  the  next  section  shall  Include  Porto  Rico. 

Additional  corporate  powers  of  such  road,  i  30.  The 
corporation  specified  in  the  preceding  section  shall 
have   the   following  additional  powers: 

1.  To  expend  money  in  making  preliminary  examina- 
tions and  surveys  for  its  proposed  railroad,  telegraph 
lines,  and  lines  of  steamboats  and  sailing  vessels,  and 
in  acquiring  from  foreign  countries,  nations  or  governments 
the  grants,  concessions  and  privileges  herein  authorized. 

2.  To  take  and  receive  from  foreign  countries,  nations 
and  governments  such  grants,  concessions  or  privileges,  for 
the  construction,  acquisition,  maintenance  and  operation  of 
railroads,  telegraph  lines  and  vessels,  as  may  be  consistent 
with  the  purposes  of  the  corporation,  and  as  may  be  granted 
and  conceded  to  it,  and  to  hold  the  same  under  such 
restrictions  and  with  such  duties  and  liabilities  as  may 
be  fixed  by  the  laws  of  such  foreign  country,  nation  or 
government,  or  as  may  be  annexed  to  such  grants  or  con- 
cessions. 

3.  To  construct,  acquire,  maintain  and  operate  the 
lines  of  railroad,  telegraph  and  shipping  provided  for 
by  its  certificate  of  incorporation,  and  to  take  and  hold 
by  purchase  or  by  voluntary  grant  such  real  estate 
and  other  property  in  foreign  countries  as  may  be  nec- 
essary and  convenient  for  the  construction,  maintenance 
and  accommodation  of  such  lines,  and  to  sell,  convey, 
mortgage  or  lease  such  real  estate  or  other  property; 
and  to  acquire  by  purchase  or  otherwise  any  railroad  or 
lines  of  telegraph  constructed  or  in  process  of  con- 
struction in  any  foreign  country,  and  any  grants,  con- 
cessions, franchises,  rights,  privileges  and  Immunities 
relating  thereto,  and  to  issue  therefor  the  capital  stock 
of  the  company  or  any  part  thereof  at  such  valuation  or 
valuations  and  on  such  terms  as  may  be  agreed  upon, 
and  to  mortgage  or  sell  and  convey  such  railroad  or 
lines  of  telegraph  constructed  or  in  process  of  construc- 
tion in  any  foreign  country,  and  any  grants,  conces- 
sions, franchises,  rights,  privileges  and  immunities  relat- 
ing thereto,  or  any  part  of  its  property,  to  any  person 
or  corporation  created  by  this  or  any  other  State  or 
foreign  government,  subject  to  the  laws  of  the  country 
or  countries  where  such  property  may  be,  and  the  power 
of  sale  hereby  granted  shall  be  exercised  only  by  a 
majority  of  the  entire  board  of  directors  of  the  cor- 
poration, with  the  written  concurrence  of  the  holders 
of  two-thirds  In  amount  of  its  capital  stock. 

4.  To  take  and  convey  persons  and  property  on  its 
transportation   lines   by   the   power  or   force   of   steam  or 

i  of  animals,  or  by  mechanical  or  other  power,  and  receive 
compensation  therefor  subject  to  the  laws  of  the  place  or 
country  where  the  same  are  situated. 
!  5.  To  acquire  and  use  such  real  estate  and  other 
1  property  in  this  State  as  may  be  necessary  in  the  con- 
duct  of  its  business,  but  the  value  of  such  real  estate 
held  at  any  one  time  shall  not  exceed  the  sum  of 
11,000,000. 


Location  of  principal  office  of  such  road,  i  31.  Every 
such  corporation  shall  maintain  its  principal  office  within 
this  State  and  shall  have  during  business  hours  an 
officer  or  agent  upon  whom  service  of  process  may  be 
made,  and  shall  hold  in  this  State  at  least  one  meeting 
of  the  stockholders  in  each  year  for  the  choice  of  di- 
rectors, which  shall  be  known  as  the  annual  meeting  and 
be  held  at  the  time  and  place  fixed  by  the  by-laws  of 
the  corporation. 

Individual,  joint  stock  association  or  other  corporation 
may  lay  down  and  maintain  railroad  tracks  in  certain 
cases.  §  32.  Any  individual,  joint  stock  association  or 
corforation,  engaged  in  any  lawful  business  in  this 
State,  may,  except  In  any  city  of  the  State,  lay  down 
and  maintain  such  railroad  tracks  on  or  across  any 
street  or  highway,  not  exceeding  three  miles  in  length, 
as  shall  be  necessary  for  the  transaction  of  its  business, 
and  to  connect  any  place  of  business  owned  by  them 
with  the  track  of  any  railroad  corporation,  and  render 
such  place  of  business  more  accessible  to  the  public, 
upon  obtaining  the  \\fritten  consent  of  the  owners  of 
all  the  lands  bounded  on  and  of  the  local  authorities  hav- 
ing control  of  that  portion  of  the  street  or  highway  upon 
which  it  is  proposed  to  construct  or  operate  such  rail- 
road. If  the  consent  of  such  property  owners  cannot 
be  obtained,  the  appellate  division  of  the  Supreme  Court 
of  the  department  in  which  such  railroad  is  to  be  con- 
structed may  upon  application  appoint  three  commis- 
sioners, who  shall  determine,  after  a  hearing  of  all 
parties  interested,  whether  such  railroad  ought  to  be 
constructed  or  operated,  and  the  amount  of  damages, 
If  any,  to  be  paid  to  such  properly  owners,  and  their 
determination  confirmed  by  the  court  may  be  taken 
in  lieu  of  the  consent  of  the  property  owners.  But 
no  such  railroad  shall  be  so  located,  graded,  built  or 
operated  as  to  Interfere  with  or  obstruct  the  traveled 
part  of  any  highway,  or  its  use  as  a  highway,  or  the 
use  of  any  street  or  highway  intersecting  the   same. 

Powers  of  electric  light  and  power  corporations.  §  33. 
Whenever  all  of  the  stockholders  of  any  domestic  electric 
light  and  power  company,  incorporated  under  a  general  or 
special  law,  having  not  less  than  five  stockholders,  and 
actually  engaged  In  carrying  on  business  in  this  State,  shall 
execute  and  file,  in  the  offices  in  which  Its  original  certifi- 
cates of  incorporation  are  filed,  an  amended  certificate  of  in- 
corporation, complying  In  every  other  respect  than  as  to 
the  number  of  signers  and  directors,  who  shall  not  be  less 
than  five,  with  the  provisions  of  this  chapter,  and  In  which 
certificate  the  corporate  name  of  such  corporation  shall  be 
amended  by  adding  before  the  word  "company,"  In  Its  cor- 
porate name,  the  words,  "and  railroad,"  or  the  words, 
"railroad  and  land,"  such  corporation  shall  have  the  right 
to  build,  maintain  and  operate  by  electricity  as  a  motive 
power,  a  railroad  or  railroads,  not  exceeding  25  miles  In 
length,  and  within  that  distance  from  the  power  station, 
and  shall  also  have  the  right  to  acquire  the  property  and 
franchises  of  a  railroad  company  or  companies  owning 
such  a  railroad  or  railroads,  already  constructed,  and  so 
operated,  and  to  maintain  and  operate  the  same,  provided 
that  the  directors  of  such  railroad  company  or  companies 
and  all  of  Its  or  their  stockholders  shall  first  have  as- 
sented In  writing  to  the  transfer  of  the  property  and  fran- 
chises of  such  railroad  company  or  companies  to  such  cor- 
poration; in  which  event  and  by  the  filing  of  such  assent  of 
directors  and  stockholders  in  the  offices  where  the  certifi- 
cates of  incorporation  of  the  railroad  company  or  companies 
were  required  to  be  filed,  the  rights,  property  and  fran- 
chises of  such  railroad  company  or  companies  shall  be 
transferred  to,  and  shall  vest  in  such  corporation,  and  such 
corporation  so  acquiring  such  railroad  or  railroads  shall 
be  subject  to  all  the  provisions  of  this  chapter  with  respect 
to  the  railroad  property  or  properties  and  franchises,  and 
shall  have  all  the  powers,  rights  and  privileges  conferred 
by  this  chapter  upon  railroad  corporations;  provided  that 
no  such  corporation  shall  construct  any  railroad  which  is 
in  whole  or  in  part  a  street  surface  railroad  without  com- 
plying with  the  provisions  of  article  5  of  this  chapter. 
Upon  filing  such  certificate,  such  corporation  shall  also 
have  the  right  to  acquire  by  gift  or  by  voluntary  pur- 
chase and  sale  land  not  exceeding  2,000  acres  along  the 
line  of,  or  contiguous  to,  said  railroad,  and  to  hold,  improve, 
lease  or  sell  same.  Whenever  any  such  corporation  shall 
furnish  power  to  any  water-works  corporation  carrying  on 
Its  business  in  the  county,  or  in  a  county  adjoining  that 


974 


National  Association  of  Eailway  Commissioners 


In  which  the  operations  of  such  corporation  are  carried  on, 
It  may  acquire  the  shares  of  the  capital  stoclc  of  said  water- 
works corporation,  and,  if  such  corporation  shall  become 
the  owner  of  all  the  stock  of  said  water-works  corporation, 
it  may,  on  executing  and  filing  a  certificate  in  accordance 
with  the  requirements  of  §  15  of  the  stock  corporation  law, 
become  possessed  of  all  the  estate,  rights,  property, 
privileges  and  franchises  of  such  water-works  corporation, 
with  the  effect  provided  in  said  section.  This  section  shall 
not  confer  any  powers  upon  any  corporation  located  in,  or 
authorize  the  construction,  maintenance  or  operation  of  a 
railroad  in  a  city  of  the  first  or  second  class,  except  in  that 
part  of  any  city  of  the  first  class  which  is  or  may  be  situate 
in  a  county  of  less  than  100,000  inhabitants,  according  to 
the  last  preceding  enumeration  for  the  national  census. 

Substituted  lines  in  certain  cases.  §  34.  Where  a  por- 
tion of  a  steam  surface  railroad  or  branch  thereof  shall 
be  specifically  authorized  by  statute  to  be  taken  for  any 
other  public  use,  and  such  portion  lies  wholly  outside  of  any 
city,  any  corporation  owning  or  operating  such  portion  may 
locate,  as  provided  in  §  16  of  this  article,  and  may  construct 
and  operate,  in  substitution  for  such  portion,  and  with 
proper  connections  with  the  former  line,  a  new  line  of 
steam  surface  railroad,  wholly  or  partly  in  the  same  or  any 
adjoining  county,  and  wholly  outside  of  any  city,  and  not 
exceeding  25  miles  in  length,  in  the  manner,  with  the  pow- 
ers and  subject  to  the  limitations  and  requirements  pro- 
vided in  this  chapter  with  respect  to  steam  surface 
railroads. 

Canal  corporation  may  construct  railroad.  §  35.  It  shall 
be  lawful  for  any  corporation  of  this  State  owning  and 
operating  a  canal  to  construct  and  operate  along  or  In  lieu 
of  such  canal  a  railroad,  and  the  exercise  of  the  authority 
hereby  conferred  shall  not  be  deemed  to  forfeit  or  impair 
Its  corporate  rights  under  its  charter  or  act  of  Incorpora- 
tion. 

Powers  of  such  corporations.  §  36.  Such  corporation 
in  the  construction  and  maintenance  of  any  such  railroad 
under  the  authority  of  the  preceding  section  shall  have, 
possess  and  enjoy  all  the  powers  and  privileges  contained 
in  an  act  entitled  "An  Act  to  authorize  the  formation  of 
railroad  corporations  and  to  regulate  the  same,"  passed 
April  2,  1850,  and  the  several  Acts  amending  the  same, 
and  be  subject  to  all  the  duties,  liabilities  and  provisions, 
so  far  as  relates  to  any  powers  or  privileges  conferred  by 
the  preceding  section  upon  said  corporation  and  exercised 
after  June  4,  1881. 

Saving  clause.  §  37.  Nothing  in  the  two  preceding  sec- 
tions contained  shall  authorize  the  construction  of  any  rail- 
road in  any  locality  except  upon  or  along  such  canal  owned 
and  operated  by  any  such  corporation. 

Bridge  companies  in  cities  containing  more  than 
1,000,000  inhabitants.  §  38.  Any  company  incorporated  for 
the  purpose  of  constructing  and  maintaining  a  bridge  or 
bridges  over  any  river,  bay,  arm  of  the  sea  or  other  body 
of  water  connecting  different  portions  of  any  city  In  the 
State  of  New  York  containing  more  than  1,000,000  inhab- 
itants, is  hereby  empowered  to  lay  tracks  and  operate  a  rail- 
road upon  said  bridge  or  bridges. 

Change  of  time  for  holding  elections.  §  39.  Any  rail- 
road company,  the  time  for  the  annual  election  of  directors 
in  which  is  now  fixed  for  any  day  in  the  month  of  June, 
may  by  a  vote  of  the  majority  of  its  stock,  either  in  person 
or  by  proxy,  to  that  effect,  and  filing  in  the  oflJce  of  the 
secretary  of  State  a  copy  of  such  proceedings,  certified  by 
the  secretary  of  the  company  under  its  corporate-  seal, 
change  the  time  for  holding  such  annual  election  to  any 
day  in  the  month  of  April;  provided,  however,  that  the 
first  election  held  under  such  resolution  shall  be  held  In 
the  month  of  April  which  shall  precede  the  time  at  which 
such  election  would  otherwise  have  been  held. 

ARTICLE  3. 

CONSTEUCTION,    OPERATION   AND  MANAGEMENT. 

I  50.  Liability  of  corporation  to  employes  of  contractor. 

{  51.  Weight  of  rail. 

5  52,  Fences,  farm  crossings  and  cattleguards. 

$  53.  Signboards  and  flagmen  at  crossings. 

J  54.  Notice  of  starting  trains — No  preferences. 

f  55.  Accommodation  of  connecting  roads. 

i  56.  Locomotives  must  stop  at  grade  crossings. 

{  57.  Rates  of  fare. 


§  58.    Excess  charge  when  fare  paid  on  cars. 
$  59.    Penalty  for  excessive  fare. 
§  60.     Issue  and  use  of  mileage  books. 
S  61.    Passenger  refusing  to  pay  fare  may  be  ejected. 
§  62.     Sleeping  and  parlor  cars. 

§  63.    Persons  employed  as  drivers,  conductors,  motor- 
men  or  gripmen. 
i  64.    Injuries  to  employes. 

§  65.    Conductors  and  employes  must  wear  badges. 
§  66.     Checks  for  baggage. 
§  67.     Penalties  for  injuries  to  baggage. 
§  68.     Unclaimed   freight  and  baggage. 
§  69.     Tickets  and  checks  for  connecting  steamboats. 
§  70.     Rights  and  liabilities  as  common  carriers. 
i  71.    Duties  imposed. 

§  72.    Inspection  of  locomotive  boilers.  i^| 

§  73.    State  Inspector  of  locomotive  boilers.  -'^ 

8  74.    Care*  of    steam    locomotives — Steam    and    water 

cocks — Penalty. 
§  75.    Public   service   commission   may   approve   other 

safeguards. 
I  76.    Use  of  stoves  or  furnaces  prohibited. 
§  77.     Equipment  of  engines. 
I  78.     Coal  jimmies. 
§  79.     Air  brakes. 
§  80.     Couplers. 

§  81.    Violation  of  four  preceding  sections. 
§  82.    Canada  thistles  to  be  cut. 
S  83.     Riding  on  platform — Walking  along  track. 
§  84.    Corporations  may  establish  terries. 
§  85.    Certain  railroads  may  cease  operation  in  wint"  r. ' 
I  86.    Certain  railroads  need  not  be  operated  beyoidj 

June,  July,  August  and  September. 
§  87.    Mails. 
§  88.    When  conductors  and  brakemen  may  be  poIli'( 

»       men. 
i  89.     New  railroads  across  streets. 
§  90.    New  streets  across  railroads. 
i  91.    Petition  for  alteration  of  existing  crossing. 
I  92.     Acquisition  of  land,  right  or  easement  in  crossil  | 
§  93.     Repair  of  bridges  and  subways  at  crossings.   ■ 
S  94.  ^  Expense  of  constructing  new  crossings.  ' 

i  95.  ~  Proceedings    by   public    service    commission 

alteration  of  grade  crossings. 
i  96.     Procedlngs  to  enforce  orders  of  commission,  i 
i  97.    Municipal  corporation  may  borrow  money.     ( 
§  98.     Intersections  of  railroads. 
§  99.     Application  of  foregoing  sections. 
§  100.    Temporary   leave  granted  by  court  to  a  str'  et 

surface  railroad — Bond. 
§  101.    Consent  of  public  service  commission  in  certi  In_ 

cases. 
§  102.    Ventilation  of  tunnels. 
§  103.     Lighting  of  tunnels. 
§  104.    Compliance  with  orders  of  commission. 
§  105.     Mandamus. 
§  106.    Penalty  for  violation. 
§  107.     Judgment-roll. 
§  108.    Approval  of  appliances  in  cities  having  a  pot 

tion  of  1,000,000  inhabitants  or  over. 
Liability  of  corporation  to  employes  of  contractor.  §  50 
An  action  may  be  maintained  against  any  railroad  ( or- 
poration  by  any  laborer  for  the  amount  due  him  from  s  ny 
contractor  for  the  construction  of  any  part  of  its  road,  for 
90  or  any  less  number  of  days'  labor  performed  by  him  in 
constructing  such  road,  if  within  20  days  thereaftei  a 
written  notice  shall  have  been  served  upon  the  corporation, 
and  the  action  shall  have  been  commenced  after  the  exp  ra- 
tion of  10  days  and  within  6  months  after  the  service  of 
such  notice,  which  shall  contain  a  statement  of  the  moith 
and  particular  days  upon  which  the  labor  was  perforned 
and  for  which  it  was  unpaid,  the  price  per  day,  the  amount 
due,  the  name  of  the  contractor  from  whom  due,  and  the 
section  upon  which  performed,  and  shall  be  signed  by  the 
laborer  or  his  attorney  and  verified  by  him  to  the  effect 
that  of  his  own  knowledge  the  statements  contained  in  it 
are  true.  The  notice  shall  be  served  by  delivering  the 
same  to  an  engineer,  agent  or  superintendent  having  charge 
of  the  section  of  the  road  upon  which  the  labor  was  per- 
formed, personally,  or  by  leaving  it  at  his  office  or  usual 
place  of  business  with  some  person  of  suitable  age  or 
discretion;  and  if  the  corporation  has  no  such  agent, 
engineer  or  superintendent,  or  In  case  he  cannot  be  found 


Public  Service  Laws 


975 


and  has  no  place  of  business  open,  service  may  in  like 
manner  be  made  on  any  officer  or  director  of  the  corpora- 
tion. 

Weight  of  rail.  §  51.  The  rail  used  in  the  construction 
or  the  relaying  of  the  track  of  every  railroad  hereafter 
built  or  relaid  in  whole  or  in  part  shall  be  of  iron  or  steel, 
weighing  not  less  than  25  pounds  to  the  lineal  yard  on 
narrow-gauge  roads,  and  on  all  other  roads  not  less  than 
56  pounds  to  the  lineal  yard  on  grades  of  110  feet  to  the 
mile  or  under,  and  not  less  than  70  pounds  to  the  lineal 
yard  on  grades  of  oner  110  feet  to  the  mile,  except  for 
turnouts,  sidings  and  switches. 

Fences,  farm  crossings  and  cattleguards.  §  52.  Every 
railroad  corporation,  and  any  lessee  or  other  person  in  pos- 
session of  its  road,  shall,  {)efore  the  lines  of  its  road  are 
opened  for  use,  and  so  soon  as  it  has  acquired  the  right 
of  way  for  its  roadway,  erect  and  thereafter  maintain 
fences  on  the  sides  of  its  road  of  height  and  strength  suf- 
ficient to  prevent  cattle,  horses,  sheep  and  hogs  from  going 
upon  its  road  from  the  adjacent  lands,  with  farm  crossings 
and  openings  with  gates  therein  at  such  farm  crossings 
whenever  and  wherever  reasonably  necessary  for  the  use 
of  the  owners  and  occupants  of  the  adjoining  lauds,  and 
shall  construct  where  not  already  done,  and  hereafter 
maintain,  cattleguards  at  all  road  crossings,  suitable  and 
sufficient  to  prevent  cattle,  horses,  sheep  and  hogs  from 
going  upon  its  railroad.  So  long  as  such  fences  are  not 
made,  or  are  not  in  good  repair,  the  corporation,  its  lessee 
or  other  person  in  possession  of  its  road,  shall  be  liable  for 
all  damages  done  by  their  agents  or  engines  or  cars  to 
any  domestic  animals  thereon.  When  made  and  in  good 
repair,  they  shall  not  be  liable  for  any  such  damages, 
unless  negligently  or  wilfully  done.  A  sufficient  post  and 
wire  fence  of  requisite  height  shall  be  deemed  a  lawful 
fence  within  the  provisions  of  this  section,  but  barbed 
wire  shall  not  be  used  in  its  construction. 

No  railroad  need  be  fenced,  when  not  necessary  to 
prevent  horses,  cattle,  sheep  and  hogs  from  going  upon  its 
track  from  the  adjoining  lands.  Every  adjoining  land 
owner,  who,  or  whose  grantor,  has  received  compensation 
for  fencing  the  line  of  land  taken  for  a  railroad,  and  has 
agreed  to  build  and  maintain  a  lawful  fence  along  such 
line,  shall  build  and  maintain  such  fence.  If  such  owner, 
his  heir  or  assign  shall  not  build  such  fence,  or  if  built, 
shall  neglect  to  maintain  the  same  during  the  period  of 
30  days  after  he  has  been  notified  so  to  do  by  the  railroad 
corporation,  such  corporation  shall  thereafter  build  and 
maintain  such  fence,  and  may  recover  of  the  person  neglect- 
ing to  build  and  maintain  it  the  expense  thereof.  And 
when  such  railroad  shall  cross  timbered  or  forest  lands,  the 
company  shall  construct  and  maintain  suitable  and  suf- 
ficient crossings,  whenever  and  wherever  reasonably  neces- 
sary to  enable  the  respective  owners  of  said  lands  to  trans- 
port logs,  timber  and  lumber  for  manufacture  or  sale,  or 
for  banking  on  any  stream,  to  be  fioated  or  driven  down 
the  same.  In  case  of  any  neglect  or  dispute  the  Supreme 
Court  may,  by  mandamus  or  other  appropriate  proceedings, 
compel  the  same,  and  also  fix  the  point  or  location  of  any 
such  crossing. 

Signboards  and  flagmen  at  crossings.  §  53.  Every  rail- 
road corporation  shall  cause  a  signboard  to  be  placed,  well 
supported  and  constantly  maintained,  at  every  crossing 
where  its  road  is  crossed  by  a  public  highway  at  grade. 
Such  signboard  shall  be  of  a  shape  and  design  to  be  ap- 
proved by  the  public  service  commission,  and  shall  have 
suitable  words  painted  thereon  to  warn  travelers  of  the 
existence  of  such  grade  crossing.  The  commission  shall 
have  power  to  describe  the  location  and  elevation  of  such 
sign  and  the  words  of  warning  thereon.  The  commission 
may  dispense  with  the  use  of  such  signboards  at  such 
crossings  as  it  may  designate  in  cities  and  villages.  At 
any  point  where  a  railroad  crosses  a  street,  highway,  turn- 
pike, plank-road,  or  traveled  way  at  grade,  or  where  a 
steam  railroad  crosses  a  street  railroad  at  grade,  and  the 
corporation  owning  or  operating  such  railroad  refuses, 
upon  request  of  the  local  authorities,  to  station  a  flagman 
or  erect  gates,  to  be  opened  and  closed  when  an  engine  or 
train  passes,  the  public  service  commission  may,  upon  the 
application  of  the  local  authorities  and  upon  ten  days'  no- 
tice to  the  corporation,  order  that  a  flagman  be  stationed 
at  such  point,  or  that  gates  shall  be  erected  thereat,  and 
that  a  person  be  stationed  to  open  and  close  them  when  an 
engine  or  train  passes,  or  may  make  such  other  order  re- 
specting the  same  as  it  deems  proper.   Whenever  the  cross- 


ing by  a  railroad  at  grade  of  the  streets,  highways,  turnr 
pikes,  plank-roads  or  traveled  ways  of  any  village  or  city, 
having  a  population  by  the  last  State  or  Federal  enumera- 
tion of  less  than  50,000,  shall  be  protected  by  gates  with  per- 
sons to  open  and  close  the  same,  when  an  engine  or  train 
passes,  the  local  authorities  of  the  city  or  village  shall  not 
Impose  any  limitation,  less  than  40  miles  an  hour,  on  the 
rate  of  speed  at  which  such  engine  or  train  shall  be  run, 
or  enforce  any  existing  limitation  upon  such  rate  of  speed, 
less  than  40  miles  an  hour. 

Notice  of  starting  trains — No  preferences.  §  54.  Every 
railroad  corporation  shall  start  and  run  its  cars  for  the 
transportation  of  passengers  and  property  at  regular  times, 
to  be  fixed  by  public  notice,  and  shall  furnish  sufficient  ac- 
commodations for  the  transportation  of  all  passengers  and 
property  which  shall  be  ofi:ered  for  transportation  at  the 
place  of  starting,  within  a  reasonable  time  previously 
thereto,  and  at  the  junctions  of  other  railroads,  and  at 
the  usual  stopping  places  established  for  receiving  and 
discharging  way  passengers  and  freight  for  that  train;  and 
shall  take,  transport  and  discharge  such  passengers  and 
property  at,  from  and  to  such  places,  on  the  due  payment 
of  the  fare  or  freight  legally  authorized  therefor.  No 
station  established  by  any  railroad  corporation  for  the 
reception  or  delivery  of  passengers  or  property,  or  both, 
shall  be  discontinued  without  the  consent  of  the  public 
service  commission  first  had  and  obtained.  No  preference 
for  the  transaction  of  the  business  of  a  common  carrier 
upon  its  cars,  or  in  its  depots  or  buildings,  or  upon  its 
grounds,  shall  be  granted  by  any  railroad  corporation  to 
any  one  of  two  or  more  persons,  associations  or  corpora- 
tions competing  in  the  same  business,  or  in  the  business  of 
transporting  property  for  themselves  or  others.  Any  such 
station  in  an  incorporated  village  shall  have  the  same 
name  as  the  village;  if  any  road  shall  have  more  than 
one  such  station  in  any  such  village  the  station  nearest 
the  geographical  center  thereof  shall  have  such  name. 

Accommodation  of  connecting  roads.  §55.  Every  rail- 
road corporation  whose  road,  at  or  near  the  same  place, 
connects  with  or  is  intersected  by  two  or  more  railroads 
competing  for  its  business  shall  fairly  and  impartially 
afford  to  each  of  such  connecting  or  intersecting  roads 
equal  terms  of  accommodation,  privileges  and  facilities 
in  the  transportation  of  cars,  passengers,  baggage  and 
freight  over  and  upon  its  roads  and  over  and  upon  their 
roads,  and  equal  facilities  in  the  interchange  and  use  of 
passenger,  baggage,  freight  and  other  cars  required  to 
accommodate  the  business  of  each  road,  and  in  furnish- 
ing passage  tickets  to  passengers  who  may  desire  to 
make  a  continuous  trip  over  any  part  of  its  roads  and 
either  of  such  connecting  roads.  The  public  service 
commission  may,  upon  application  of  the  corporation 
owning  or  operating  either  of  the  connecting  or  inter- 
secting roads,  and  upon  14  days'  notice  to  the  corpora- 
tion owning  or  operating  the  other  road,  prescribe  such 
regulations  as  will  secure,  in  its  judgment,  the  enjoy- 
ment of  equal  privileges,  accommodations  and  facilities 
to  such  connecting  or  intersecting  roads  as  may  be 
required  to  accommodate  the  business  of  each  road,  and 
the  terms  and  conditions  upon  which  the  same  shall 
be  afforded  to  each  road.  The  decision  of  the  commis- 
sion shall  be  binding  on  the  parties  for  two  years,  and 
the  Supreme  Court  shall  have  power  to  compel  the  per- 
formance thereof  by  attachment,  mandamus  or  otherwise. 

Locomotives  must  stop  at  grade  crossings.  §  56.  All 
trains  and  locomotives  on  railroads  crossing  each  other 
at  grade  shall  come  to  a  full  stop  before  crossing,  not 
less  than  200  nor  more  than  800  feet  from  the  crossing, 
and  shall  then  cross  only  when  the  way  is  clear  and 
upon  a  signal  from  a  watchman  stationed  at  the  crossing. 
If  the  corporations  cannot  agree  as  to  the  expense  of 
the  watchman,  it  shall  be  determined  by  the  public 
service  commission  upon  application  thereto  by  either 
of  them.  If  the  corporations  disagree  as  to  the  pre- 
cedence of  trains,  the  public  service  commission  may, 
after  hearing,  upon  the  application  of  either  corporation, 
prescribe  rules  in  relation  thereto.  The  full  stop  and 
crossing  on  signal  may  be  discontinued  if  the  commis- 
sion shall  decide  it  to  be  impracticable,  or  if,  with  the 
approval  of  the  commission,  an  interlocking  switch  and  ' 
signal  apparatus  is  adopted  and  put  in  operation  at  such 
a  crossing.  The  full  stop  and  crossina  on  signal  shall 
not  be  required  in  depot  yards  or  the  arproaches  thereto. 


976 


National  Association  of  Railway  Commissionees 


If  the  crossing  roads  are  under  lease  or  subject  to  the 
same  management  or  control  in  the  use  of  tracks.  An 
engineer,  violating  the  foregoing  provisions  of  this  sec- 
tion, or  any  such  rule  of  the  commission,  shall  he  liable 
to  a  penalty  of  $100;  and  any  corporation  or  person 
operating  the  railroad,  violating  any  of  such  provisions 
or  rules,  shall  be  liable  to  a  penalty  of  $500.  The  com- 
mission may,  whenever  in  its  judgment  the  public  safety 
requires  the  erection  of  interlocking  switch  and  signal 
devices  at  points  where  steam  and  street  surface  rail- 
roads intersect  at  grade,  direct  the  erection  of  such 
devices  and  apportion  the  expense  of  construction,  op- 
erating and  maintenance  thereof  between  the  companies 
affected  thereby.  No  railroad  corporation  nor  any  officer, 
agent  or  employe  thereof  shall  stop  its  cars,  horses 
or  locomotives  upon  a  grade  crossing  of  a  railroad  of 
another  corporation,  for  the  purpose  of  receiving  or 
delivering  passengers  or  freight  or  other  purpose,  and 
any  person  or  corporation  violating  this  provision  shall 
be  liable  to   a   penalty   of  $250. 

Rates  of  fare.  §  57.  Subject  to  the  provisions  of  the 
public  service  commissions  law,  every  railroad  corpora- 
tion may  fix  and  collect  the  following  rates  of  fare  as 
compensation  to  be  paid  for  transporting  any  passenger 
and ,  his  baggage,  not  exceeding  150  pounds  In  weight, 
for  each   mile  or  fraction  of  a  mile: 

1.  Where  the  motive  power  is  rope  or  cable,  pro- 
pelled by  stationary  power,  5  cents,  with  right  to  a 
minimum  fare  of  10  cents;  but  if  the  railroad  is  less 
than  two  miles  in  length,  and  overcomes  an  elevation 
of  500  feet  or  more  to  the  mile,  5  cents  for  each  100 
feet  of  elevation  so  overcome,  and  the  same  rates  of 
fare  if  the  motive  power  is  locomotives,  furnished  with 
cogs  working  into  cogs  on  the  railroad,  and  the  length 
of   road   does   not   exceed   4   miles. 

2.  If  a  road  not  incorporated  prior  to  May  15,  1879, 
and  not  located  in  the  counties  of  New  York  and  Kings, 
or  within  the  limits  of  any  incorporated  city,  and  not 
more  than  25  miles  in  length,  5  cents;  if  over  25  and 
not  more  than  40  miles,  4  cents,  and  if  over  40  miles, 
3  cents.  Where  by  the  laying  down  of  a  third  rail 
upon  a  railroad  of  the  ordinary  gauge,  a  narrow  gauge 
track  is  created  and  used  for  the  transportation  of  pas- 
sengers, and  the  length  of  read  does  not  exceed  6  miles. 
Including  any  connecting  road  of  the  same  gauge,  such 
railroad,  for  the  purpose  of  fare,  shall  be  deemed  a 
narrow   gauge   road. 

3.  If  its  railroad  overcomes  an  elevation  of  200  feet 
to  the  mile,  for  at  least  2  consecutive  miles,  and  does 
not  exceed  20  miles  in  length,  10  cents;  if  it  overcomes 
an  elevation  exceeding  300  feet  to  the  mile,  within  a 
distance  of  2  miles,  5  cents  for  each  100  feet  of  eleva- 
tion, and  where  it  overcomes  an  elevation  of  more  than 
1,000  feet,  within  a  distance  of  2  miles,  7  cents  for 
each   100  feet  of  elevation  in  a  mile. 

4.  If  the  line  of  its  road  does  not  exceed  15  miles 
In  length  and  dees  not  enter  or  traverse  the  limits  of 
any  incorporated  city,  and  the  distance  traveled  thereon 
by  the  passenger  does  not  exceed  1  mile,  5  cents. 

5.  In  all  other  cases,  3  cents  for  every  such  mile 
or  fraction  thereof,  with  a  right  to  a  minimum  single  fare 
of  not  less  than  5  cents. 

This  chapter  shall  not  be  construed  to  allow  any 
rate  of  fare  for  way  passengers  greater  than  2  cents 
per  mile  to  be  charged  or  taken  over  the  track  or 
tracks  of  the  railroad  known  as  the  New  York  Central 
Railroad  Company,  and  the  rate  of  fare  for  way  pas- 
sengers over  the  track  or  tracks  of  such  compaiiy  shall 
continue  to  be  2  cents  per  mile  and  no  more,  wherever 
It  Is  restricted  to  that  rate  of  fare,  nor  shall  any  con- 
solidated railroad  corporation  charge  a  higher  rate  of 
fare  per  passenger  per  mile  upon  any  part  or  portion 
of  the  consolidated  line  than  was  allowed  by  law  to  be 
charged  by  each  existing  corporation  thereon  previous  to 
such  consolidation. 

Excess  charge  when  fare  paid  on  cars.  §  58.  It  shall 
be  lawful  for  any  company  owning  or  operating  a  steam 
railroad  in  this  State  to  demand  and  collect  an  excess 
charge  of  10  cents  over  the  regular  or  established  rate 
of  fare  from  any  passenger  who  pays  fare  in  the  car 
In  which  he  may  have  taken  passage,  except  where  such 
passage  is  wholly  within  the  limits  of  any  Incorporated 
city  In  this   State;     Provided,  however,  that  It  shall  be 


the  duty  of  such  company  to  give  to  any  passenger 
paying  such  excess  a  receipt  or  other  evidence  of  such 
payment,  which  shall  legibly  state  that  It  entitles  the 
holder  thereof  to  have  such  excess  charge  refunded, 
upon  the  delivery  of  the  same  at  any  ticket  office  of 
said  company,  upon  the  line  of  their  railroad,  and  said 
company  shall  refund  the  same  upon  demand;  and  pro- 
vided, further,  that  this  section  shall  not  apply  to  any 
passenger  taking  passage  from  a  station  or  stopping 
place  when  tickets  cannot  be  purchased  during  half  an 
hour  previous  to  the  schedule  time  for  the  departure  of 
said  train,  on  which  such  passenger  takes    passage. 

Penalty  for  excessive  fare.  §  59.  Any  railroad  corpora- 
tion, which  shall  ask  or  receive  more  than  the  lawful  rate 
of  fare,  unless  such  overcharge  was  made  through  In- 
advertence or  mistake,  not  amounting  to  gross  negligence, 
shall  forfeit  $50,  to  be  recovered  with  the  excess  so 
received  by  the  party  paying  the  same,  but  no  action 
can  be  maintained  therefor,  unless  commenced  wlttin 
one  year  after  the  cause  of  action  accrued. 

Issue  and  use  of  mileage  books.  §  60.  Every  railroad 
corporation  operating  a  railroad  in  this  State,  the  line  or 
lines  of  which  are  more  than  100  miles  in  length,  a  ad 
which  is  authorized  by  law  to  charge  a  maximum  fare  of 
more  than  2  cents  per  mile,  and  not  more  than  3  certs 
per  mile,  and  which  does  charge  a  maximum  fare  of 
more  than  2  cents  per  mile,  shall  issue  mileage  books 
having  either  500  or  1,000  coupons  attached  there  o, 
entitling  the  holder  thereof,  upon  complying  with  tie 
conditions  hereof,  to  travel  either  500  or  1,000  miles  m 
the  line  or  lines  of  such  railroad,  for  which  the  cor- 
poration may  charge  a  sum  not  to  exceed  2  cents  ler 
mile.  Such  mileage  books  shall  be  kept  for  sale  by  su  ;h 
corporation  at  every  ticket  office  of  such  corporati  )n 
in  an  incorporated  village  or  city,  and  any  of  su  ;h 
books  shall  be  issued  immediately  upon  application  the:  e- 
for.  Upon  presentation  of  such  mileage  book  to  a 
conductor  on  any  train,  on  any  line  of  railroad  own  'd 
or  operated  by  said  railroad  corporation,  the  hold  3r 
thereof  or  any  member  of  his  family  or  firm  or  a  ly 
salesman  of  his  firm  shall  be  entitled  to  travel  for  a 
number  of  miles  equal  to  the  number  of  coupons  ( e- 
tached  by  such  conductor.  Such  mileage  book  sh:  11 
entitle  the  holder  thereof  to  the  same  rights  and  pri  1- 
leges  in  respect  to  the  transportation  of  i>erson  a  d 
property  to  which  the  highest  class  ticket  issued  ly 
such  corporation  would  entitle  him.  Such  mileage  boo  ;s 
shall  be  good  until  all  coupons  attached  thereto  ha  e 
been  used.  Any  railroad  corporation  which  shall  refu  5e 
to  issue  a  mileage  book,  as  provided  by  this  section,  n 
in  violation  hereof,  to  accept  such  mileage  book  far 
transportation,  shall  forfeit  $50,  to  be  recovered  by  tie 
party  to  whom  such  refusal  is  made,  but  no  action  c 
be  maintained  therefor  unless  commenced  within  d 
year  after  the  cause  of  action  accrues. 

Passenger  refusing  to  pay  fare  may  be  ejected.  §  61.  If 
any  passenger  shall  refuse  to  pay  his  fare  the  conductor 
of  the  train  and  the  servants  of  the  corporation  m  ly 
put  him  and  his  baggage  out  of  the  cars,  using  no  \  n- 
necessary  force,  on  stopping  the  train  at  any  usual 
stopping  .place  or  near  any  dwelling  house,  as  the 
conductor   may   elect. 

Sleeping  and  parlor  cars.  §  62.  Any  railroad  corpora- 
tion may  contract  with  any  person,  association  or  corpora- 
tion for  the  hauling  by  the  special  or  regular  trains  of  sjiid 
railroad  corporation,  the  parlor,  drawing-room  or  sle 'p- 
ing  car  or  cars  of  such  person,  association  or  corpo:a- 
tion,  in  which  extra  accommodations  shall  be  furnish  !d, 
for  which  said  person,  association  or  corporation  tar- 
nishing such  parlor,  drawing-room  or  sleeping  car  or 
cars,  may  charge  for  the  carriage  and  transportation  of 
persons  and  property  therein  a  reasonable  compensat  on 
for  such  extra  accommodation,  in  addition  to  the  fare 
and  charges  now  allowed  by  law  for  the  carriage  and 
transportation  of  passengers  and  property  In  the  or- 
dinary cars  of  said  railroad  corporation.  But  said  riil- 
road  corporation  so  contracting  shall  be  liable  In  tJie 
same  way  and  to  the  same  extent  as  if  the  said  oar 
or  cars  were  owned  by  It,  and  shall  furnish  sufficient 
ordinary  cars  for  the  reasonable  accommodation  of  the 
traveling  public. 

Persons  employed  as  drivers,  conductors,  motormen  or 


le 


Public  Service  Laws 


977 


gripmen.  §  63.  Any  railroad  corporation  may  employ  any 
Inhabitant  of  the  State,  of  the  age  of  21  years,  not  addicted 
to  the  use  of  intixicating  liquors,  as  a  car  driver,  con- 
ductor, motorman  or  gripman  or  in  any  other  capacity, 
If  fit  and  competent  therefor.  All  applicants  for  posi- 
tions as  motormen  or  gripmen  on  any  street  surface 
railroad  in  this  State  shall  be  subjected  to  a  thorough 
examination  by  the  oificers  of  the  corporation  as  to 
their  habits,  physical  ability  and  intelligence.  If  this 
examination  is  satisfactory,  the  applicant  shall  be  placed 
in  the  shop  or  power  liouse  where  he  can  be  made 
familiar  with  the  power  and  machinery  he  is  about  to 
control.  He  shall  then  be  placed  on  a  car  with  an 
instructor,  and  when  the  latter  is  satisfied  as  to  the 
applicant's  capability  for  the  position  of  motorman  or 
gripman,  he  shall  so  certify  to  the  officers  of  the  com- 
pany, and,  if  appointed,  the  applicant  shall  first  serve 
on  the  lines  of  least  travel.  Any  violation  of  the  pro- 
visions  of   this    section   shall   be    a   misdemeanor. 

Injuries  to  employes.  §  64.  In  all  actions  against  a 
railroad  corporation,  foreign  or  domestic,  doing  business 
in  this  State,  or  against  a  receiver  thereof,  for  personal 
injury  to,  or  death  resulting  from  personal  injury  of  any 
person,  while  in  the  employment  of  such  corporation,  or 
receiver,  arising  from  the  negligence  of  such  corpora- 
tion or  receiver  or  of  any  of  its  or  his  officers  or  em- 
ployes, every  employe  or  his  legal  representatives  shall 
have  the  same  rights  and  remedies  for  an  injury,  or 
for  death,  suffered  by  him,  from  the  act  or  omission  of 
such  corporation  or  receiver  or  of  its  or  his  officers  or 
employes,  as  are  now  allowed  by  law,  and,  in  addition 
to  the  liability  now  existing  by  law,  it  shall  be  held  in 
such  actions  that  persons  engaged  in  the  service  of  any 
railroad  corporation,  foreign  or  domestic,  doing  business 
in  this  State,  or  in  the  service  of  a  receiver  thereof, 
who  are  intrusted  by  such  corporation  or  receiver  with 
the  authority  of  superintendence,  control  or  command 
of  other  persons  in  the  employment  of  such  corporation 
or  receiver,  or  with  the  authority  to  direct  or  control 
any  other  employe  in  the  performance  of  the  duty  of 
such  employe,  or  who  have,  as  a  part  of  their  duty,  for 
the  time  being,  physical  control  or  direction  cf  the  move- 
ment of  a  signal,  switch,  locomotive  engine,  car,  train 
or  telegraph  office,  are  vice-principals  of  such  corpora- 
tion ■  or  receiver,  and  are  not  fellow  servants  of  such 
injured  or  deceased  employe.  If  an  employe,  engaged 
in  the  service  of  any  such  railroad  corporation,  or  of  a 
receiver  thereof,  shall  receive  any  Injury  by  reason  of 
any  defect  in  the  condition  of  the  ways,  works,  machinery, 
plant,  tools  or  implements  or  of  any  car,  train,  loco- 
motive or  attachment  thereto  belonging,  owned  or  op- 
erated, or  being  run  and  operated  by  such  corporation  or 
receiver,  when  such  defect  could  have  been  discovered 
by  such  corporation  or  receiver,  by  reasonable  and  proper 
care,  tests  or  inspection,  such  corporation  or  receiver 
shall  be  deemed  to  have  had  knowledge  of  such  defect 
before  and  at  the  time  such  injury  is  sustained;  and, 
when  the  fact  of  such  defect  shall  be  proved,  upon  the 
trial  of  any  action  in  the  courts  of  this  State,  brought 
by  such  employe  or  his  legal  representatives  against 
any  such  railroad  corporation  or  receiver  on  account  of 
such  injuries  so  received,  the  same  shall  be  prima  facie 
evidence  of  negligence  on  the  part  of  such  corporation  or 
receiver.  This  section  shall  not  affect  actions  or  causes  of 
action  existing  on  May  29,  1906,  and  no  contract,  receipt, 
rule  or  regulation  between  an  employe  and  a  railroad  cor- 
poration or  receiver  shall  exempt  or  limit  the  liability  of 
such  corporation  cr  receiver  from  the  provisions  of  this 
section. 

Conductors  and  employes  must  wear  iadges.  §  65.  Every 
conductor  and  employe  of  a  railroad  corporation  em- 
ployed on  a  passenger  train  or  at  stations  for  passengers 
shall  wear  upon  his  hat  or  cap  a  badge  which  shall 
indicate  his  office  or  employment,  and  the  Initial  letters 
of  the  corporation  employing  him.  No  conductor  or 
collector  without  such  badge  shall  demand  or  receive 
from  any  passenger  any  tare  or  ticket  or  exercise  any 
of  the  powers  of  his  employment.  No  officer  or  em- 
ploye without  such  badge  shall  meddle  or  interfere  with 
any  passenger,   his  baggage  or  property. 

Checks  for  iaggage.  §  66.  A  check,  made  of  some 
proper  substance  of  convenient  size  and  form,  plainly 
stamped  with  numbers,  and  furnished  with  a  convenient 


strap  or  other  appendage  for  attaching  to  baggage,  shall 
be  affixed  to  every  piece  or  parcel  of  baggage  when 
taken  for  transportation  for  a  passenger  by  the  agent  or 
employe  of  such  corporation,  if  there  is  a  handle,  loop 
or  fixture  therefor  upon  the  piece  or  parcel  of  baggage, 
and  a  duplicate  thereof  given  to  the  passenger  or  person 
delivering  the  same  to  him.  If  such  check  be  refused 
on  demand  the  corporation  shall  pay  to  the  passenger 
the  sum  of  $10,  and  no  fare  shall  be  collected  or  re- 
ceived from  him;  and,  if  he  shall  have  paid  his  fare, 
it  shall  be  refunded  to  him  by  the  conductor  in  charge 
of  the  train.  Such  baggage  shall  be  delivered,  without 
unnecessary  delay,  to  the  passenger  or  any  person  act- 
ing in  his  behalf,  at  the  place  to  which  it  was  to  be 
transported,  where  the  cars  usually  stop  or  at  any  other 
regular  intermediate  stopping  place  upon  notice  to  the 
baggage-master  in  charge  of  baggage  on  the  train  of 
not  less  than  30  minutes,  upon  presentation  of  such 
duplicate  check  to  the  officer  or  agent  of  the  railroad 
corporation,  or  of  any  corporation,  over  any  portion  of 
whose  road  it  was  transported.  Bicycles  are  hereby 
declared  to  be  and  be  deemed  baggage  for  the  purposes 
of  this  article  and  shall  be  transported  as  baggage  fol 
passengers  by  railroad  corporations  and  subject  to  the 
same  liabilities,  and  no  such  passenger  shall  be  required 
to  crate,  cover  or  otherwise  protect  any  such  bicycle: 
Provided,  however,  that  a  railroad  corporation  shall  not 
be  required  to  transport,  under  the  provisions  of  this 
section,    more   than   one   bicycle   for  a   single   person. 

Penalties  for  injuries  to  baggage.  §  67.  Any  person 
whose  duty  it  is  for  or  on  behalf  of  the  common  carrier 
to  handle,  remove  or  care  for  the  baggage  of  passen- 
gers, who  shall  recklessly  or  wilfully  injure  or  destroy 
any  trunk,  valise,  box,  bag,  package  or  parcel,  while 
loading,  unloading,  transporting,  delivering  or  storing  the 
same,  or  any  railroad  corporation  which  shall  knowingly 
keep  in  its  employment  any  such  wilful  or  reckless  per- 
son, or  which  shall  permit  any  injury  or  destruction  ol 
such  property,  through  failure  to  provide  sufficient  help 
and  facilities  for  the  handling  thereof,  shall  pay  to  the 
party  injured  thereby  the  sum  of  $50  in  addition  to  such 
damages. 

Unclaimed  freight  and  haggage.  §  68.  Every  railroad 
or  other  transportation  corporation,  doing  business  in 
this  State,  which  shall  have  unclaimed  freight  or  bag- 
gage, not  live  stock  or  perishable,  in  its  possession  for 
the  period  of  60  days,  may  deliver  the  same  to  'any 
warehouse  company,  or  person  or  persons  engaged  in 
the  warehouse  business,  within  this  State,  and  take  a 
warehouse  receipt  for  the  storage  thereof.  Upon  such 
delivery  and  upon  taking  such  warehouse  receipt,  every 
such  railroad  or  other  transportation  corporation  shall  be 
discharged  of  all  liability  in  respect  to  any  such  un- 
claimed freight  or  baggage  from  and  after  such  delivery. 
At  any  time  within  two  years  after  such  delivery,  such 
railroad  or  other  transportation  corporation  shall  sur- 
render and  transfer  such  warehouse  receipt  to  the  owner 
of  any  such  unclaimed  freight  or  baggage  upon  demand, 
and  upon  payment  of  all  charges  and  expenses  for  trans- 
poration  and  storage  then  due,  if  any,  to  any  such  rail- 
road or  other  transportation  corporation.  In  case  any 
such  railroad  or  other  transportation  company  shall 
have  had  unclaimed  freight  or  baggage,  not  live  stock 
or  perishable,  in  its  possession  for  a  period  of  one  year 
and  shall  not  have  delivered  the  same  to  a  warehouse 
company  or  person  or  persons  engaged  in  the  warehouse 
business,  as  above  provided,  then  such  railroad  or  other 
transportation  company  may  proceed  to  sell  the  same 
at  public  auction,  and  out  of  the  proceeds  may  retain 
the  charges  of  transportation,  handling  and  storage  of 
such  unclaimed  freight  or  baggage,  and  the  expenses  of 
advertising  and  sale  thereof,  but  no  such  sale  shall  be 
made  until  the  expiration  of  four  weeks  from  the  first 
ptiblication  of  notice  of  such  sale,  to  be  published  weekly 
in  a  newspaper  published  in  or  nearest  the  town  or 
city  to  which  such  unclaimed  freight  or  baggage  was 
consigned,  or  at  which  it  was  directed  to  be  left,  and 
also  at  the  town  or  city  where  such  sale  is  to  take 
place,  and  said  notice  shall  contain  a  general  descrip- 
tion of  such  unclaimed  freight  or  baggage,  the  name  of 
the  shipper  thereof,  if  known,  and  a  statement  of  the 
consignment  thereof,  whether  to  a  designated  consignee 
or  to  order,  if  known,  or  the  place  at  which   the   same 


9?8 


National  Association  of  Railway  Commissioneus 


was  to  be  left,  as  near  as  may  be,  and  the  expenses 
Incurred  for  advertising  shall  be  a  Hen  upon  such  un- 
claimed freight  or  baggage  in  a  ratable  proportion,  accord- 
ing to  the  value  of  each  article,  package  or  parcel,  if  more 
than  one.  Such  railroad  or  other  transportation  company 
shall  make  an  entry  of  the  balance  of  the  proceeds  of  the 
sale,  if  any,  of  the  unclaimed  freight  or  baggage  con- 
signed to  the  same  consignee  or  covered  by  each  con- 
signment, as  near  as  can  be  ascertained,  and  at  any  time 
within  five  years  thereafter  shall  refund  any  surplus 
so  retained  to  the  owner  of  such  unclaimed  freight  or 
baggage,  his  personal  representatives  or  assigns,  on 
satisfactory  proof  of  such  ownership.  In  case  such  bal- 
ance shall  not  be  claimed  by  the  rightful  owner  within 
five  years  after  the  sale,  as  above  specified,  then  It 
shall  be  paid  to  the  county  treasurer,  for  the  use  of  the 
county   poor  of  the   county  where  the   sale  is   made. 

Unclaimed  live  stock  and  perishable  freight  or  bag- 
gage may  he  sold  by  any  such  railroad  or  other  transporta- 
tion corporation,  without  notice,  as  soon  as  it  can  be,  upon 
the  best  terms  that  can  be  obtained.  All  moneys  aris- 
ing from  the  sale  of  any  such  unclaimed  live  stock, 
perishable  freight  or  baggage,  after  deducting  therefrom 
all  charges  and  expenses  for  transportation,  storage, 
keeping,  commissions  for  selling  the  property  and  any 
amount  previously  paid  for  its  loss  or  non-delivery  shall 
be  deposited  by  the  corporation  making  such  sale  with 
a  report  thereof,  and  proof  that  the  property  was  live 
stock  or  perishable  freight,  with  the  comptroller  for  the 
benefit  of  the  general  fund  of  the  State,  and  shall  be 
held  by  him  in  trust  for  reclamation  by  the  person  or 
persons  entitled   to   receive   the  same. 

Tickets  and  checks  for  connecting  steamboats.  §  69. 
The  proprietors  of  any  line  of  steamboats,  terminating 
or  stopping  for  passengers  at  any  place  where  a  rail- 
road corporation  has  a  depot  or  station,  may  furnish 
tickets  and  baggage  checks  to  such  corporation  for  the 
use  of  passengers  traveling  over  its  road  who  desire  to 
connect  with  such  line  of  boats  at  any  such  place,  and 
the  railroad  corporation  shall  sell  such  tickets  and  de- 
liver a  duplicate  of  one  of  such  checks  to  any  such 
passenger  applying  therefor,  and  shall  account  for  and 
pay  over  to  the  proprietor  of  such  line  of  boats  all 
moneys  received  by  it  for  the  sale  of  such  tickets,  and 
any  such  railroad  corporation  may  furnish  tickets  and 
checks  for  baggage  to  the  proprietors  of  any  such  line 
of  steamboats  for  the  use  of  passengers  traveling  over 
any  part  of  such  line  of  boats,  who  desire  to  connect 
with  the  railroad  of  any  such  corporation  at  any  such 
place,  and  such  proprietors  shall  sell  such  tickets  and 
deliver  a  duplicate  of  one  of  such  checks  to  any  such 
passenger  applying  therefor,  and  shall  account  for  and 
pay  over  to  such  corporation  all  moneys  received  by 
them  for  the  sale  of  such  tickets.  No  greater  rate  of 
fare  shall  be  charged  by  any  railroad  corporation  to 
any  such  passenger  for  the  distance  traveled  over  Its 
road  than  is  charged  to  travelers  for  the  same  distance 
whose  trip  ends  at  the  place  where  connection  is  made 
with  any  such  line  of  boats,  and  no  greater  rate  of  fare 
shall  be  charged  by  the  proprietors  of  any  such  steam- 
boat line  to  any  suclv  passenger  for  the  distance  traveled 
over  its  line,  than  is  charged  to  travelers  for  the  same 
distance  whose  trip  ends  at  the  place  where  connection 
is  made  with  any  such  railroad.  Any  additional  cost  of 
transfer  of  a  passenger  or  his  baggage  from  railroad 
depot  or  station  to  steamboat  landing,  or  from  steam- 
boat landing  to  depot  or  station,  shall  be  borne  by  the 
passenger  or  the  proprietors  of  the  steamboat  line  or 
the  railroad  corporation  at  whose  Instance  or  for  whose 
benefit  such  transfer  is  made.  Every  railroad  corpora- 
tion and  the  proprietors  of  any  line  of  steamboats,  their 
agents  or  servants,  who  shall  neglect  or  refuse  to  sell 
tickets  or  furnish  a  check  to  any  passenger  applying 
for  the  same,  when  the  same  shall  have  been  furnished 
to  them,  shall  pay  to  such  passenger  the  sum  of  $10, 
and  no  fare  or  toll  shall  be  collected  from  him  for 
riding  over  such  road  or  upon  such  boats,  as  the  case 
may  be;  and  in  addition  thereto  any  railroad  corporation 
BO  neglecting  or  refusing  shall  pay  the  proprietors  of 
such  line  of  boats  $250  for  each  day  it  shall  so  neglect 
or  refuse,  and  the  proprietors  of  any  such  line  of  boats 
so  neglecting  or  refusing  shall  pay  to  such  railroad  cor- 
poration a  like  sum  for  each  day  they  shall  so  neglect 
or  refuse. 


Every  such  railroad  corporation  shall  also  receive 
any  freight  which  shall  be  delivered  at  any  station  on 
the  line  of  its  road,  marked  to  go  by  way  of  boat  or 
any  particular  line  of  boats  from  any  station  on  its  road 
at  which  such  boat  or  line  of  boats  terminates  cr  stops 
for  freight,  and  shall  transport  such  freight  with  all 
convenient  speed  to  such  station,  and  on  its  arrival  there 
cause  the  proprietors  of  the  steamboat  line  by  which  it 
is  directed  to  be  sent  or  their  agent  to  be  notified  of 
such  arrival,  and  shall  deliver  such  freight  to  such 
proprietors  or  their  agent  with  the  bill  of  charges 
thereon  due  such  railroad  corporations,  for  the  payment 
of  which  charges  the  proprietor  or  proprietors  of  such 
steamboat  line  shall  be  responsible,  and  shall  account  for 
and  pay  the  same  to  such  railroad  corporation  on  de- 
mand. The  railroad  corporation  shall  not  charge  for  the 
transportation  of  such  freight  over  its  road  any  greater 
sum  pro  rata  than  it  charges  for  carrying  the  same  kind 
of  freight  the  same  distance  over  its  road,  if  it  was  to 
be  transported  by  such  corporation  by  rail  to  its  final 
destination,  or  to  the  terminus  of  the  road  of  such 
corporation  in  case  it  terminates  before  such  final 
destination  is  reached.  Any  freight  delivered  by  the 
proprietors  of  any  steamboat  or  steamboat  line  or  tVeir 
authorized  agent  at  any  station  at  a  place  where  such 
steamboat  or  steamboats  have  a  landing,  to  any  sjch 
railroad  corporation,  for  transportation  over  Its  road  or 
any  part  thereof,  shall  be  transported  by  such  corpcira- 
tion  to  its  place  of  destination  for  the  same  price  oro 
rata  which  would  be  charged  for  the  same  kind  of  freight 
the  same  distance  over  its  road,  if  the  same  had  h?en. 
taken  on  at  the  point  of  first  shipment  by  boat,  or  at 
the  terminus  of  the  road  of  such  corporation,  in  cast  it 
does   not  extend   to   the  point  of  first   shipment. 

Rights  and  liabilities  as  common  carriers.  5  70.  Every 
railroad  corporation  doing  business  in  this  State  shall  be 
a  common  carrier.  Any  one  of  two  or  more  corporati>ns 
owning  or  operating  connecting  roads,  within  lhl8 
State,  or  partly  within  and  partly  without  the  St.  ite, 
shall  be  liable  as  a  common  carrier  for  the  transpo  ta- 
tion  of  passengers  or  delivery  of  freight  received  bj  it 
to  be  transported  by  it  to  any  place  on  the  line  o '  a 
connecting  road;  and,  if  it  shall  become  liable  to  lay 
any  sum  by  reason  of  neglect  or  misconduct  of  ny 
ether  corporation,  it  may  collect  the  same  of  the  or- 
poration  by  reason  of  whose  neglect  or  misconduct  It 
became   liable. 

Duties  imposed.  §  71.  It  shall  be  the  duty  of  e-v  ry 
railroad    corporation   operating   its  road  by   steam: 

1.  To  lay,  in  the  construction  of  new  and  In  ;he 
renewal  of  existing  switches,  upon  freight  or  passer  ^er 
main  line  tracks,  switches  on  the  principle  of  either  the 
so-called  Tyler,  Wharton.  Lorenz  or  split-point  swi  ch, 
or  some  other  kind  of  safety  switch  which  shall  pre^  ent 
the  derailment  of  a  train,  when  such  switch  is  Mis- 
placed or  a  switch  interlocked   with  distant  signals. 

2.  To  erect  and  thereafter  maintain  such  suit:  hie 
warning  signals  at  every  road,  bridge  or  structure  wl  ich 
crosses  the  railroad  above  the  tracks,  where  such  w  irn- 
ing  signals  may  be  necessary,  for  the  protection  of  em- 
ployes on  top  of  cars  from   injury. 

3.  To  use  upon  every  new  freight  car,  built  or  pur-' 
chased  for  use.  couplers  which  can  be  coupled  and  un- 
coupled automatically,  without  the  necessity  of  ha-  ing 
a  person  guide  the  link,  lift  the  pin  by  hand  or  go 
between  the  ends  of  the  cars. 

4.  To  attach  to  every  car  used  for  passenger  trins-' 
portation  an  automatic  air  brake  or  other  form  of 
safety-power  brake,  applied  from  the  locomotive,  ex- 
cepting cars  attached  to  freight  trains,  the  scheiule 
rate  of  speed  of  which  does  not  exceed  20  miles  an  hour. 

5.  To  provide  each  closed  car  in  use  in  every  pas- 
senger train  owned  or  regularly  used  upon  a  railroad, 
with  one  set  of  tools,  consisting  of  an  axe.  sledge  1  am- 
mer,  crowbar  and  hand  saw  and  such  other  or  f  ddt- 
tional  tools  as  the  public  service  commission  may  re- 
quire, to  be  placed  where  directed  by  the  commisslcn. 

6.  To   provide    in    each    passenger   car,    wliere   the   line  i 
of   road    shall    exceed    40    continuous    miles    in    len.gt'i,   a 
suitable    receptacle    for    water,    with    a    cup    or    drinking 
utensil    attached   upon    or   near   such   receptacle,   and   to  j 
keep  such  receptacle,  while  the  car  is  In  use,  constantly 
supplied  with  cool  water. 


Public  Service  Laws 


979 


Every  corporation,  person  or  persons,  operating  sucli 
railroad,  and  violating  any  of  the  provisions  of  this 
section,  except  subdivision  6,  shall  be  liable  to  a  penalty 
of  $100  for  each  offense  and  the  further  penalty  of  $10 
for  each  day  that  it  shall  omit  or  neglect  to  comply 
with  any  of  such  provisions.  For  every  violation  of 
the  provisions  of  the  sixth  subdivision  of  this  section 
every  such  corporation  shall  be  liable  to  a  penalty  of 
$25   for  each  offense. 

Inspection  of  locomotive  hoilers.     §  72.     It  shall  be  the 
duty    of    every    railroad    corporation    operated    by    steam 
power,  within  this  State,  and  of  the  directors,  managers  or 
superintendents  of  such  railroad  to  cause  thorough  inspec- 
tions to  be  made  of  the  boilers  and  their  appurtenances  of 
all  the  steam  locomotives  which  shall  be  used  by  such  cor- 
poration or  corporations,  on  said  railroads.     Said  inspec- 
tions shall  be  made  at  least  every  three  months  under  the 
direction  and  superintendence  of  said  corporations,  or  the 
directors,  managers  or  superintendents  thereof,  by  persons 
of  suitable  qualifications  and  attainments  to  perform  the 
services  required  of  inspectors  of  boilers,  and  who,  from 
their  knowledge  of  the  construction  and  use  of  boilers  and 
the  appurtenances  therewith  connected,  are  able  to  form  a 
reliable  opinion  of  the  strength,  form,  workmanship  and 
suitableness  of  boilers,  to  be  employed  without  hazard  of 
life,  from  imperfections  in  material,  workmanship  or  ar- 
rangement of  any  part  of  such  boiler  and  appurtenances. 
All  such  boilers  so  used  shall  comply  with  the  following  re- 
quirements: The  boilers  must  be  made  of  good  and  suitable 
materials;  the  openings  for  the  passage  of  water  and  steam 
respectively,  and  all  pipes  and  tubes  exposed  to  heat  shall 
be  of  proper  dimensions;   the  safety  valves,  fusible  plugs,, 
low  water  glass  indicater,  gauge  cocks  and  steam  gauges, 
shall  be  of  such  construction,  condition  and  arrangement 
that  the  same  may  be  safely  employed  In  the  active  service 
of  the  railroad  corporation  without  peril  to  life;  and  each 
inspector  shall    satisfy   himself   by   thorough   examination 
that  said  requirements  have  been  fully  complied  with.     No 
boiler,  nor  any  connection  therewith,    shall    be    approved 
which  is  unsafe   in  its  form,  or  dangerous  from   defects, 
workmanship  or  other  cause.     The  person  or  persons  who 
shall  make  the  said  inspections,  if  he  or  they  approve  of 
the  boiler   or  boilers   and   the   appurtenances   throughout, 
shall  make  and  subscribe  his  or  their  name  to  a  written  or 
printed  certificate  which  shall  contain  the  number  of  each 
boiler  inspected,  the  date  of  its  inspection,  the  condition  of 
the  boiler  inspected,  and  such  details  as  may  be  required 
by  the  forms  and  regulations  which  shall  be  prescribed  by 
the  public  service  commission.    Every  certificate  shall  be 
verified  by  the  oath  of  the  inspector,  and  he  shall  cause 
such  certificate  or  certificates  to  be  filed  in  the  office  of  the 
public  service  commisson,  within  10  days  after  each  inspec- 
tion shall  have  been  made,  and  also  a  copy  thereof  with 
the  chief  operating  officer  or  employe  of  such  railroad  hav- 
ing charge  of  the  operation  of  such  locomotive  boiler;   a 
copy  shall  also  be  placed  by  such  officer  or  employe  in  a 
conspicuous  place  in  the  cab  connected  with  the  locomotive 
boiler  inspected,  and  there  kept  framed  under  glass.     The 
public  service  commission  shall  have  power,  from  time  to 
time,  to  formulate  rules  and  regulations  for  the  inspection 
and  testing  of  boilers   as  aforesaid,  and  may  require  the 
removal  of  incompetent  inspectors  of  boilers    under    the 
provisions  of  this  section.     Copies  of  such  rules  and  regu- 
lations shall  be  mailed  to   every  corporation  operating  a 
railroad  by  steam  in  this  State.     If  it  shall  be  ascertained 
by  such  inspection  and  test  or  otherwise,  that  any  locomo- 
tive boiler  is  unsafe  for  use,  the  same  shall  not  again  be 
used  until  it  shall  be  repaired,  and  made  safe,  so  as  to  com- 
ply with  the  requirements  of  this  section.     Every  corpora- 
tion, director,  manager  or   superintendent  operating  such 
railroad  and  violating  any  of  the  provisions  of  this  section 
shall  be  liable  to  a  penalty,  to  be  paid  to  the  people  of  the 
State  of  New  York,  of  $100  for  each  offense,  and  the  further 
penalty  of  $100  for  each  day  it  or  he  shall  omit  or  neglect  to 
comply  with  said  provisions,  and  the  making  or  filing  of  a 
false   certificate   shall   be   a   misdemeanor,   and    every    in- 
spector who  wilfully  certifies  falsely  touching  any  steam 
boiler,  or  any  appurtenance  thereto  belonging,  or  any  mat- 
ter or  thing  contained  or  required  to  be  contained  in  any 
certificate,  signed  and  sworn  to  by  him,  shall  be  guilty  of  a 
misdemeanor.     Any  person,  upon  application  to  the  secre- 
tary of  said  commission  and  on  the  payment  of  such  reason- 
able fee  as  said  commission  may  by  rule  fix,  shall  be  fur- 


nished with  a  copy  of  any  such  certificate.  The  public  ser- 
vice commission  shall  enforce  the  provisions  of  this  sec- 
tion as  to  penalties. 

State  inspector  of  locomotive  hoilers.  §  73.  The  ofBce 
of  State  inspector  of  locomotive  boilers  is  continued.  Said 
inspector  shall  be  appointed  by  the  public  service  ■commis- 
sions and  shall  receive  a  compensation  to  be  fixed  by  the 
commission,  not  exceeding  $3,000  per  year.  He  shall,  under 
the  direction  of  the  commission,  inspect  boilers  or  locomo- 
tives used  by  railroad  corporations  operating  steam  rail- 
roads within  the  State,  and  may  cause  the  same  to  be  tested 
by  hydrostatic  test  and  shall  perform  such  other  duties  in 
connection  with  the  inspection  and  test  of  locomotive 
boilers  as  the  commission  shall  direct.  But  this  section 
shall  not  relieve  any  railroad  corporation  from  the  duties 
imposed  by  the  preceding  section. 

Care  of  steam  locomotives — Steam  and  water  cocks- 
Penalty.  §  74.  It  shall  be  the  duty  of  every  corporation 
operating  a  steam  railroad,  within  this  State,  and  of  its 
directors,  managers  or  superintendents,  to  cause  the  boiler 
of  every  locomotive  used  on  such  railroad  to  be  washed  out 
as  often  as  once  every  30  days,  and  to  equip  each  boiler 
with  and  maintain  thereon  at  all  times  a  water  glass,  show- 
ing the  height  of  water  in  the  boiler,  having  two  valves  or 
shut-off  cocks,  one  at  each  end  of  such  glass,  which  valves 
or  shut-off  cocks  shall  be  so  constructed  that  they  can  be 
easily  opened  and  closed  by  hand;  also  to  cause  such 
valves  or  shut-off  cocks  and  all  gauge  cocks  or  try-cocks 
attached  to  the  boiler  to  be  removed  and  cleaned  whenever 
the  boiler  is  washed  out  pursuant  to  the  foregoing  require- 
ments of  this  section;  also  to  keep  all  steam  valves,  cocks 
and  joints,  studs,  bolts  and  seams  in  such  repair  that  they 
will  not  at  any  time  emit  steam  in  front  of  the  engineer,  so 
as  to  obscure  his  vision.  No  locomotive  shall  hereafter  be 
driven  in  this  State  unless  the  same  is  equipped  and  cared 
for  in  conformity  with  the  provisions  of  this  section;  but 
nothing  herein  contained  shall  be  construed  to  excuse  the 
observance  of  any  other  requirement  imposed  by  this  chap- 
ter upon  railroad  corporations,,  their  directors,  officers, 
managers  and  superintendents.  Every  corporation,  person 
or  persons  operating  a  steam  railroad  and  violating  any  of 
the  provisions  of  this  section,  shall  be  liable  to  a  penalty  of 
$100  for  each  offense,  and  the  further  penalty  of  $10  for 
each  day  that  such  violation  shall  continue.  The  public 
service  commission  shall  enforce  the  provisions  of  this 
section. 

Puilic  service  commission  may  approve  other  safe- 
guards. §  75.  The  public  service  commission  may,  on  the 
application  of  any  railroad  corporation,  authorize  it  to  use 
any  other  safeguard  or  device  approved  by  the  commission, 
in  place  of  any  safeguard  or  device  hereinbefore  required 
by  this  article,  which  shall  thereafter  be  used  in  lieu  there- 
of, and  the  same  penalties  for  neglect  or  refusal  to  use  the 
same  shall  be  incurred  and  imposed  as  for  a  failure  to  use 
the  safeguard  or  device  hereinbefore  required,  in  lieu  of 
which  the  same  is  to  be  used. 

Use  of  stoves  or  furnaces  prohibited.  §  76.  It  shall  not 
be  lawful  for  any  railroad  corporation,  operating  a  steam 
railroad  in  this  State,  of  the  length  of  50  miles  or  more, 
excepting  foreign  railroad  corporations,  incorporated  with- 
out the  jurisdiction  of  the  United  States,  running  cars  upon 
tracks  in  this  state  for  a  distance  of  less  than  30  miles,  to 
heat  its  passenger  cars,  on  other  than  mixed  trains,  except- 
ing dining-room  cars,  by  any  stove  or  furnace  kept  inside 
the  car,  or  suspended  therefrom,  unless  in  case  of  accident 
or  other  emergency,  when  it  may  temporarily  use  such 
stove  or  furnace  with  necessary  fuel,  and  in  cars  which 
have  been  equipped  with  apparatus  to  heat  by  steam,  hot 
water  or  hot  air  from  the  locomotive,  or  from  a  special  car, 
the  present  stove  may  be  retained  to  be  used  only  when  the 
car  is  standing  still,  and  no  stove  or  furnace  shall  be  used 
in  a  dining-room,  car,  except  for  cooking  purposes,  and  of 
pattern  and  kind  to  be  approved  by  the  public  service  com- 
mission. This  section  shall  not  be  held  to  affect  or  inter- 
fere with  the  use  by  the  commissioners  of  fisheries  of  this 
or  other  states,  or  of  the  United  States,  of  stoves  for  heat- 
ing or  cooking  or  boilers  for  hatching  operations  in  their 
fish  car  or  cars.  Any  person  or  corporation,  violating  any 
of  the  provisions  of  this  section,  shall  be  liable  to  a  penalty 
of  $1,000,  and  to  the  further  penalty  of  $100  for  each  and 
every  day  during  which  such  violation  shall  continue. 

Equipment  of  engines.     §  77.    It  shall  be  unlawful  for 


980 


National  Association  of  Eailway  Commissioners 


any  railroad  company  to  use  within  the  State  on  Its  line  or 
lines  any  locomotive  engine  not  equipped  with  a  power 
driving  wheel  brake  and  appliances  for  operating  the  train 
brake  system. 

Coal  jimmies.  §  78.  The  use  of  cars  known  and  desig- 
nated as  "coal  jimmies"  in  any  form  and  the  use  of  any  car 
as  a  caboose  unless  it  shall  have  a  suitable  and  safe  plat- 
form at  each  end  thereof,  and  the  usual  railing  for  the 
protection  of  persons  using  such  platform,  shall  be  unlaw- 
ful within  the  State,  except  upon  any  railroad  whose  main 
line  is  less  than  15  miles  in  length  and  whose  average  grade 
exceeds  200  feet  to  the  mile.  This  section  shall  not  be 
construed  to  authorize  the  interchange  of  such  "coal  jim- 
mies" with,  and  the  use  thereof  upon,  railroads  of  more 
than  15  miles  in  length  or  whose  average  grade  is  less 
than  200  feet  to  the  mile. 

Air-brakes.  §  79.  It  shall  be  unlawful  for  any  railroad 
or  other  company  to  haul  or  permit  to  be  hauled  or  used 
on  its  line  or  lines  within  this  State  any  freight  train  that 
has  not  a  sufficient  number  of  cars  in  it  so  equipped  with 
continuous  power  or  air-brakes  that  the  engineer  on  the 
locomotive  drawing  such  train  can  control  its  speed  without 
requiring  brakemen  to  use  the  common  hand  brake  for  that 
purpose. 

Couplers.  §  80.  It  shall  be  unlawful  for  any  railroad 
or  other  company  to  haul,  or  permit  to  be  hauled  or  used, 
on  its  line  or  lines  within  the  State,  any  freight  car  not 
equipped  with  couplers  of  the  master  car  builders'  type, 
and  coupling  automatically  by  impact,  and  which  can  be. 
uncoupled,  except  in  cases  of  accident,  without  the 
necessity  of  men  going  between  the  ends  of  the  cars. 

Violation  of  four  preceding  sections.  §  81.  Any  rail- 
road or  other  company  hauling  or  permitting  to  be  hauled 
on  its  line  or  lines  any  train  in  violation  of  any  of  the 
provisions  of  the  preceding  four  sections  shall  be  liable  to 
a  penalty  of  $100  for  each  and  every  violation,  to  be  recov- 
ered in  an  action  to  be  brought  by  the  public  service  com- 
mission in  the  name  of  the  people  and  in  the  judicial  dis- 
trict wherein  the  principal  office  of  the  company  within 
the  State  is  located. 

Canada  thistles  to  6e  cut.  §  82.  Every  railroad  corpo- 
ration doing  business  within  this  State  shall  cause  all 
Canada  thistles,  white  and  yellow  daisies  and  other  noxious 
weeds  growing  on  any  lands  owned  or  occupied  by  it,  to 
be  cut  down  twice  in  each  and  every  year,  once  between 
the  fifteenth  day  of  June  and  the  twenty-fifth  day  of  June, 
and  once  between  the  fifteenth  day  of  August  and  the  twen- 
ty-fifth day  of  August.  If  any  such  corporation  shall  neglect 
to  cause  the  same  to  be  so  cut  down,  any  person  may  cut 
the  same,  between  the  twenty-fifth  day  of  June  and  the 
fifth  day  of  July  inclusive,  and  between  the  twenty-fifth 
day  of  August  and  the  fifth  day  of  September  inclusive  in 
each  year,  at  the  expense  of  the  corporation  on  whose 
lands  the  same  shall  be  so  cut,  at  the  rate  of  $3  per  day  for 
the  time  occupied  in  cutting. 

Riding  on  platform  —  Walking  along  track.  §  83.  No 
railroad  corporation  shall  be  liable  for  any  injury  to  any 
passenger  while  on  the  platform  of  a  car,  or  in  any 
baggage,  wood  or  freight  car,  in  violation  of  the  printed 
regulations  of  the  corporation,  posted  up  at  the  time  in  a 
conspicuous  place  inside  of  the  passenger  cars,  then  In 
the  train,  if  there  shall  be  at  the  time  Sufficient  room  for 
the  proper  accommodation  of  the  passenger  inside  such 
passenger  cars.  No  person  other  than  those  connected 
with  or  employed  upon  the  railroad  shall  walk  upon  or 
along  its  track  or  tracks,  except  where  the  same  shall  be 
laid  across  or  along  streets  or  highways,  in  which  case  he 
shall  not  walk  upon  the  track  unless  necessary  to  cross  the 
same.  Any  person  riding,  leading  or  driving  any  horse  or 
other  animal  upon  any  railroad,  or  within  the  fences  and 
guards  thereof,  other  than  at  a  farm  or  street  or  forest 
crossing,  without  the  consent  of  the  corporation,  shall 
forfeit  to  the  people  of  the  state  the  sum  of  $10,  and  pay 
all  damages  sustained  thereby  to  the  party  aggrieved. 

Corporations  may  establish  ferries.  §  84.  Any  steam 
railroad  corporation,  incorporated  under  the  laws  of  this 
State,  with  a  terminus  in  the  harbor  of  New  York,  may 
purchase  or  lease  boats  propelled  by  steam  or  otherwise, 
and  operate  the  same  as  a  ferry  or  otherwise,  over  the 
waters  of  the  harbor  of  New  York,  but  this  section  shall 


not  be  construed  to  affect  the  rights  of  the  city  of  New 
York. 

Certain  railroads  may  cease  operation  in  winter.  {  85. 
The  directors  of  any  railroad  corporation  operating  a  rail- 
road, constructed  and  used  principally  for  transporting 
lumber  or  ores,  during  the  summer  months,  or  for  summer 
travel,  may,  by  a  resolution  duly  passed  at  a  meeting 
thereof,  apply  to  the  public  service  commission  for  per- 
mission to  cease  the  operation  of  their  road  during  the 
winter  season,  for  a  period  not  exceeding  seven  months  in 
any  one  year,  specifying  the  date  of  such  suspension,  and 
the  date  of  the  reopening  thereof;  and  such  commission 
may,  in  its  discretion,  make  an  order  granting  the  applica- 
tion wholly  or  in  part,  and  thereupon  such  railroad  corpo- 
ration shall  be  relieved  of  the  duty  of  operating  its  road 
during  the  period  specified  in  the  order.  A  copy  of  such 
order  shall  be  posted  in  all  depots  and  at  the  termini  of 
such  railroad,  and  published  in  every  newspaper  in  each 
town  in  any  part  of  which  such  road  shall  be  constructed 
at  least  four  weeks  prior  to  the  date  of  such  suspension. 

Certain  railroads  need  not  be  operated  beyond  June, 
July,  August  and  September.  §  86.  Subject  to  the  permis- 
sion and  approval  of  the  public  service  commission,  any 
corporation  whose  railroad  is  or  shall  be  not  longer  than 
16  miles  and  is  or  shall  be  in  large  part  intended  for  or 
used  in  summer  travel  or  the  convenience  of  summer  so- 
journers need  not  operate  its  road  beyond  the  months  of 
June,  July,  August  and  September,  inclusive.  The  mo;ive 
power  may  be  electricity.  If  the  road  be  not  longer  ttian 
10  miles,  such  corporation  may  fix  and  collect  fare  for 
transporting  each  passenger,  together  with  ordinary  bag- 
gage, if  any,  not  to  exceed  15  cents  for  each  mile  and  frac- 
tion thereof. 

ap- 
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ise 
If 
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for 


Mails.  §  87.  Any  railroad  corporation  shall,  when 
plied  to  by  the  postmaster-general,  convey  the  maiU 
the  United  States  on  its  road,  and  in  case  such  corpora 
and  the  postmaster-general  shall  not  agree  as  to  the  i 
of  transportation  therefor,  and  as  to  the  time,  rate 
speed,  manner  and  condition  of  carrying  the  same, 
public  service  commission  shall  fix  the  prices,  terms 
conditions  therefor,  after  giving  the  corporation  reasons 
opportunity  to  be  heard.  Such  price  shall  not  be  less 
carrying  such  mails  in  the  regular  trains  than  the  amc 
which  such  corporation  would  receive  as  freight  on  a 
weight  of  merchandise  transported  in  their  merchanc 
trains,  and  a  fair  compensation  for  the  post-office  car. 
the  postmaster-general  shall  require  the  mail  to  be  car 
at  other  hours,  or  at  higher  speed  than  the  passenger  tr; 
are  run,  the  corporation  shall  furnish  an  extra  train 
the  mail,  and  be  allowed  an  extra  compensation  for 
expenses  and  wear  and  tear  thereof,  and  for  the  serviq 
be  fixed  as  herein  provided. 

Every   railroad   corporation    refusing   or   neglecting 
comply  with  any  provision  of  this  section  shall  forfel 
the  people  of  the  state  $100  for  every  day  such  negl 
refusal  continues. 

GENERAL— ALL  COUNTIES. 
CHAPTER  817,  ACTS  OF  1911. 

An  Act  to   amend  the  railroad   law,   in  relation   to   the 
revocation  of  the  appointment  of  conductors  and  bi  ike- 
men  as  policemen. 
Became  a  law  July  28,  1911,  with  the  approval  of  the  goT- 

ernor.    Passed,  three-fifths  being  present. 
The  people  of  the  State  of  New  York,  represented  in  se'iate 
and  assembly,  do  enact  as  follows: 

§  1.     Section   88   of  chapter  481   of  the  Laws   of     910, 
entitled  "An  Act  in  relation  to  railroads,  constituting  chg 
ter  49  of  the  consolidated  laws,"  is  hereby  amended  ta 
as  follows : 

CHAPTER  XXXI— ARTICLE  I. 
LABOR  LAW. 

SHORT    TITLE — DEFINITIONS. 

Short  title.  §  1.  This  chapter  shall  be  known  as  the 
"Labor  Law." 

Definitions — Employe.  §  2.  The  term  "employee,"  when 
used  in  this  chapter,  means  a  mechanic,  workingman  or 
laborer  who  works  for  another  for  hire. 

Employer.  The  term  "employer,"  when  used  in  thli 
chapter,  means  the  person  employing  any  such  mechanic. 


i 


to 


I 


910. 

I 


Public  Service  Laws 


981 


workingman  or  laborer,  whether  the  owner,  proprietor, 
agent,  superintendent,  foreman  or  other  subordinate. 

Factory.  The  term  "factory,"  when  used  in  this  chap- 
ter, shall  be  construed  to  include  also  any  mill,  workshop  or 
other  manufacturing  or  business  establishment  where  one 
or  more  persons  are  employed  at  labor. 

Mercantile  establishment.  The  term  "mercantile  estab- 
lishment," when  used  in  this  chapter,  means  any  place 
where  goods,  wares  or  merchandise  are  offered  for  sale. 

Tenement  house.  The  term  "tenement  house,"  when 
used  in  this  chapter,  means  any  house  or  building,  or  por- 
tion thereof,  which  is  rented,  leased,  let  or  hired  out,  to  be 
occupied,  or  is  occupied  as  the  home  or  residence  of  three 
families  or  more  living  independently  of  each  other,  and 
doing  their  cooking  upon  the  premises,  and  having  a  com- 
mon right  in  the  halls,  stairways,  yards,  water-closets  or 
privies,  or  some  of  them,  and  for  the  purposes  of  this 
chapter  shall  be  construed  to  include  any  building  on  the 
same  lot  with  any  dwelling  house  and  which  is  used  for 
any  of  the  purposes  specified  in  §  100  of  this  chapter. 

AVhenever,  in  this  chapter,  authority  is  conferred  upon 
the  commissioner  of  labor,  it  shall  also  be  deemed  to  in- 
clude his  deputies  or  a  deputy  acting  under  his  direction. 

ARTICLE    II. 

GENERAL  PROVISIONS. 

Hours  to  constitute  a  day's  work.     §  3.     Eight  hours 
'shall  constitute  a  legal  day's  work  for  all  classes  of  em- 
ployes  in   this   State  except  those   engaged   in    farm   and 
domestic  service,  unless  otherwise  provided  by  law.     This 
section  does  not  prevent  an  agreement  for  overwork  at  an 
increased   compensation  except  upon  work  by  or   for  the 
State  or  a  municipal  corporation,  or  by  contractors  or  sub- 
contractors therewith.     Each  contract  to  which  the  State 
or  a   municipal   corporation   or   a   commission   appointed 
pursuant  to  law  is  a  party  which  may  involve  the  employ- 
ment of  laborers,  workmen  or  mechanics  shall  contain  a 
stipulation  that  no  laborer,  workman  or  mechanic  in  the 
employ  of  the  contractor,   sub-contractor  or  other  person 
doing  or  contracting  to  do  the  whole  or  a  part  of  the  work 
contemplated  by  the  contract  shall  be  permitted  or  required 
to  work  more  than  eight  hours  in  any  one  calendar  day 
except  in  cases  of  extraordinary  emergency  caused  by  fire, 
fiood  or  danger  to  life  or  property.     The  wages  to  be  paid 
for  a  legal  day's  work  as  hereinbefore  defined  to  all  classes 
of   such   laborers,   workmen    or   mechanics   upon   all   such 
public  works,  or  upon  any  material  to  be  used  upon  or  in 
connection  therewith,  shall  not  be  less  than  the  prevailing 
rate  for  a  day's  work  in  the  same  trade  or  occupation  in 
the  locality  within  the  State  where  such  public  work  on, 
about  or  in  connection  with  which  such  labor  is  performed 
in  its  final  or  completed  form  is  to  be  situated,  erected  or 
used.    Each  such  contract  hereafter  made  shall  contain  a 
stipulation  that  each  such  laborer,  workman  or  mechanic 
employed  by  such  contractor,  sub-contractor  or  other  per- 
son on,  about  or  upon  such  public  work  shall  receive  such 
wages  herein  provided  for.    Each  contract  for  such  public 
work  hereafter  made  shall  contain  a  provision  that  the 
same  shall  be  void  and  of  no  effect  unless  the  person  or 
I  corporation  making  or  performing  the  same  shall  comply 
I  with  the  provisions  of  this  section;  and  no  such  person  cr 
corporation  shall  be  entitled  to  receive  any  sum  nor  shall 
any  officer,  agent  or  employe  of  the  State  or  of  a  municipal 
corporation  pay  the  same  or  authorize  its  payment  from 
the  funds  under  his  charge  or  control  to  any  such  person 
or  corporation  for  work  done  upon  any  contract  which  In 
its  form  or  manner  of  performance  violates  the  provisions 
of  this  section,  but  nothing  in  this  section  shall  be  con- 
'  strued  to   apply  to  persons  regularly  employed   in   State 
*  Institutions,  or  to  engineers,  electricians  and  elevator  men 
in  the  department  of  public  buildings  during  the  annual 
session  of  the  legislature,  nor  to  the  construction,  main- 
tenance and  repaid  of  highways  outside  the  limits  of  cities 
and  villages.     (Thus  amended  by  Laws  of  1909,  chapter 
j  292,  in  effect  May  6,  1909.) 

Violations  of  labor  law.    §  4.    Any  officer,  agent  or  em- 
ploye of  this  State  or  of  a  municipal  corporation  therein 
I  having  a  duty  to  act  in  the  premises  who  violates,  evades 
;  or  knowingly  permits  the  violation   or  evasion   of  any  of 
the  provisions  of  this  chapter  shall  be  guilty  of  malfeasance 
in  office  and  shall  be  suspended  or  removed  by.  the  author- 


ity having  power  to  appoint  or  remove  such  officer,  agent 
or  employe;  otherwise  by  the  governor.  Any  citizen  of 
this  State  may  maintain  proceedings  for  the  suspension 
or  removal  of  such  officer,  agent  or  employe  or  may  main- 
tain an  action  for  the  purpose  of  securing  the  cancelation  or 
avoidance  of  any  contract  which  by  its  terms  or  manner 
of  performance  violates  this  chapter  or  for  the  purpose  of 
preventing  any  officer,  agent  or  employe  of  such  municipal 
corporation  from  paying  or  authorizing  the  payment  of 
any  public  money  for  work  done  thereupon. 

Hours  of  labor  of  street  surface  and  elevated  railroads. 
5  6.  Ten  consecutive  hours'  labor.  Including  one-half  hour 
for  dinner,  shall  constitute  a  day's  labor  in  the  operation 
of  all  street  surface  and  elevated  railroads,  of  whatever 
motive  power,  owned  or  operated  by  corporations  in  this 
State,  whose  main  line  of  travel  or  whose  routes  lie  prin- 
cipally within  the  corporate  limits  of  cities  of  the  first 
and  second  class.  No  employe  of  any  such  corporation 
shall  be  permitted  or  allowed  to  work  more  than  10  con- 
secutive hours,  including  one-half  hour  for  dinner,  in  any 
one  day  of  24  hours. 

In  cases  of  accident  or  unavoidable  delay,  extra  labor 
may  be  performed  for  extra  compensation. 

Regulation  of  hours  of  labor  on  steam  surface  and  ele- 
vated railroads.  §  7.  Ten  hours'  labor,  performed  within 
12  consecutive  hours,  shall  constitute  a  legal  day's  labor 
in  the  operation  of  steam  surface  and  elevated  railroads 
owned  and  operated  within  this  State,  except  where  the 
mileage  system  of  running  trains  is  in  operation.  But 
this  section  does  not  apply  to  the  performance  of  extra 
hours  of  labor  by  conductors,  engineers,  firemen  and  train- 
men in  case  of  accident  or  delay  resulting  therefrom.  For 
each  hour  of  labor  performed  in  any  one  day  in  excess  of 
such  10  hours,  by  any  such  employe,  he  shall  be  paid  in 
addition  at  least  one-tenth  of  his  daily  compensation. 

No  person  or  corporation  operating  a  line  of  railroad 
of  30  miles  in  length  or  over,  in  whole  or  in  part  within  this 
State,  shall  permit  or  require  a  conductor,  engineer,  fire- 
man or  trainman,  who  has  worked  in  any  capacity  for  24 
consecutive  hours,  to  go  again  on  duty  or  perform  any 
kind  of  work  until  he  has  had  at  least  eight  hours'  rest. 

Regulation  of  hours  of  labor  of  block  system  telegraph 
and  telephone  operators  and  signalmen  on  surface,  subway 
and  elevated  railroads.  §  8.  The  provisions  of  §  7  of  this 
chapter  shall  not  be  applicable  to  employes  mentioned 
herein.  It  shall  be  unlawful  tor  any  corporation  or  receiver 
operating  a  line  of  railroad,  either  surface,  subway  or 
elevated,  in  whole  or  in  part  in  the  State  of  New  York, 
or  any  officer,  agent  or  representative  of  such  corporation 
or  receiver  to  require  or  permit  any  telegraph  or  telephone 
operator  who  spaces  trains  by  the  use  of  the  telegraph  or 
telephone  under  what  is  known  and  termed  the  "block 
system"  (defined  as  follows) :  Reporting  trains  to  another 
office  or  offices  or  to  a  train  dispatcher  operating  one  or 
more  trains  under  signals,  and  telegraph  or  telephone  lever- 
men  who  manipulate  interlocking  machines  in  railroad 
yards  or  on  main  tracks  out  on  the  lines  or  train  dispatch- 
ers in  its  service  whose  duties  substantially,  as  hereinbe- 
fore set  forth,  pertain  to  the  movement  of  cars,  engines  or 
trains  on  its  railroad  by  the  use  of  the  telegraph  or  tele- 
phone in  dispatching  or  reporting  trains  or  receiving  or 
transmitting  train  orders  as  interpreted  in  this  section,  to 
be  on  duty  for  more  than  eight  hours  in  a  day  of  24  hours, 
and  it  is  hereby  declared  that  eight  hours  shall  constitute  a 
day  of  employment  for  all  laTjorers  or  employes  engaged  In 
the  kind  of  labor  aboresaid;  except  in  cases  of  extraordi- 
nary emergency  caused  by  accident,  fire,  flood  or  danger  to 
life  or  property,  and  for  each  hour  of  labor  so  performed  In 
any  one  day  In  excess  of  such  eight  hours,  by  any  such 
employe,  he  shall  be  paid  in  addition  at  least  one-eighth 
of  his  daily  compensation.  Any  person  or  persons,  com- 
pany or  corporation  who  shall  violate  any  of  the  provisions 
of  this  section  shall,  on  conviction,  be  fined  in  the  sum  of 
not  less  than  $100,  and  such  fine  shall  be  recovered  by 
an  action  in  the  name  of  the  State  of  New  York,  for 
the  use  of  the  State,  which  shall  sue  for  it  against  such 
person,  corporation  or  association  violating  this  section, 
said  suit  to  be  instituted  In  any  court  in  this  State  hav- 
ing appropriate  jurisdiction.  Such  fine,  when  recovered 
fts  aforesaid,  shall  be  paid  without  any  deduction  what- 
ever, one-half  thereof  to  the  informer,  and  the  balance 
thereof  to  be  paid  Into  the  free  school  fund  of  the  State 


982 


National  Association  of  Railway  Commissioners 


of  New  York.  The  provisions  of  this  section  shall  not 
apply  to  any  part  of  a  railroad  where  not  more  than 
eight  regular  passenger  trains  In  24  hours  pass  each 
way;  provided,  moreover,  that  where  20  freight  trains 
pass  each  way  generally  in  each  24  hours  then  the  pro- 
visions of  this  section  shall  apply,  notwithstanding  that 
there  may  pass  a  less  number  of  passenger  trains  than 
hereinbefore   set  forth,  namely,   eight. 

Payment  of  wages  by  receivers.  §  9.  Upon  the  appoint- 
ment of  a  receiver  of  a  partnership  or  of  a  corporation 
organized  under  the  laws  of  this  State  and  doing  busi- 
ness therein,  other  than  a  moneyed  corporation,  the 
wages  of  the  employes  of  such  partnership  or  corpora- 
tion shall  be  preferred  to  every  other  debt  or  claim. 

Cash  payment  of  wages.  §  10.  Every  manufacturing, 
mining,  quarrying,  mercantile,  railroad,  street  railway, 
canal,  steamboat,  telegraph  and  telephone  company,  every 
express  company,  every  corporation  engaged  in  harvest- 
ing and  storing  ice,  and  every  water  company,  not  mu- 
nicipal, and  every  person,  firm  or  corporation,  engaged  in 
or  upon  any  public  work  for  the  State  or  municipal 
corporation  thereof,  either  as  a  contractor  or  a  sub- 
contractor therewith,  shall  pay  to  each  employe  engaged 
In  his,  their  or  its  business  the  wages  earned  by  such 
employe  in  cash.  No  such  company,  person,  firm  or  cor- 
poration shall  hereafter  pay  such  employes  in  scrip, 
commonly  known  as  store  money  orders.  No  person, 
firm  or  corporation  engaged  in  carrying  on  public  work 
under  contract  with  the  State  or  with  any  municipal  cor- 
poration of  the  State,  either  as  a  contractor  or  subcon- 
tractor therewith,  shall,  directly  or  indirectly,  conduct 
or  carry  on  what  is  commonly  known  as  a  company  store, 
if  there  shall,  at  the  time,  be  any  store  selling  supplies 
within  two  miles  of  the  place  where  such  contract  is 
being  executed.  Any  person,  firm  or  corporation  violat- 
ing the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor. 

When  wages  are  to  le  paid.  §  11.  Every  corporation 
or  joint-stock  association,  or  person  carrying  on  the  busi- 
ness tTiereof  by  lease  or  otherwise,  shall  pay  weekly  to 
each  employe  the  wages  earned  by  him  to  a  day  not 
more   than   six  days   prior  to  the   date  of  such   payment. 

But  every  person  or  corporation  operating  a  steam 
surface  railroad  shall,  on  or  before  the  first  day  of  each 
month,  pay  the  employes  thereof  the  wages  earned  by 
them  during  the  first  half  of  the  preceding  month  end- 
ing with  the  15th  day  thereof,  and  on  or  before  the  15th 
day  of  each  month  pay  the  employes  thereof  the  wages 
earned  by  them  during  the  last  half  of  the  preceding 
calendar   month. 

Penalty  for  violation  of  preceding  section.  §  12.  If  a 
corporation  or  joint-stock  association,  its  lessee  or  other 
person  carrying  on  the  business  thereof,  shall  fail  to 
pay  the  wages  of  all  its  employes,  as  provided  in  this 
article,  it  shall  forfeit  to  the  people  of  the  State  the 
sum  of  $50  for  each  such  failure,  to  be  recovered  by  the 
commissioner  of  labor  in  his  name  of  office  In  a  civil 
action.  (Thus  amended  by  L.  1909,  ch.  206,  in  effect 
April    17,    1909.) 

Assignment  of  future  wages.  §  13.  No  assignment  of 
future  wages,  payable  weekly,  or  monthly  in  case  of  a 
steam  surface  corporation,  shall  be  valid  if  made  to  the 
corporation  or  association  from  which  such  wages  are  to 
become  due,  or  to  any  person  on  its  behalf,  or  if  made 
or  procured  to  be  made  to  any  person  for  the  purpose  of 
relieving  such  corporation  or  association  from  the  obliga- 
tion to  pay  weekly,  or  monthly  in  case  of  a  steam  sur- 
face railroad  corporation.  Charges  for  groceries,  provi- 
sions or  clothing  shall  not  be  a  valid  offset  for  wages 
in  behalf  of  any  such  corporation  or  association. 

No  such  corporation  or  association  shall  require  any 
agreement  from  any  employe  to  accept  wages  at  other 
periods  than  as  provided  In  this  article  as  a  condition  of 
employment. 

Source. — L.  1902,  ch.  600,  paragraph  5. 

New  railroads  across  streets.  §  89.  All  steam  surface 
railroads  built  after  the  first  day  of  July,  1897,  except  addi- 
tional switches  and  sidings,  must  be  so  constructed  as  to 
avoid  all  public  crossings  at  grade,  whenever  practicable 
60  to  do.  Whenever  application  is  made  to  the  public 
service  commission  under  §  9  of  this  chapter  there  shall 
be  filed  with  the  commission  a  map  showing  the  streets. 


avenues  and  highways  proposed  to  be  crossed  by  the  new 
construction,  and  the  commission  shall  determine  whether 
such  crossing  shall  be  under  or  over  the  proposed  railroad, 
except  where  the  commission  shall  determine  such  method 
of  crossing  to  be  impracticable.  Whenever  an  application 
is  made  under  this  section  to  determine  the  manner  of 
crossing,  the  commission  shall  designate  a  time  and  place 
when  and  where  a  hearing  will  be  given  to  such  railroad 
company,  and  shall  notify  the  municipal  corporation  having 
jurisdiction  over  the  streets,  avenues  or  highways  proposed 
to  be  crossed  by  the  new  railroad.  The  commission  shall 
also  give  public  notice  of  such  hearing  in  at  least  two 
newspapers,  published  in  the  locality  affected  by  the  appli- 
cation, and  all  persons  owning  land  in  the  vicinity  of  the 
proposed  crossing  shall  have  the  right  to  be  heard.  The 
decision  of  the  commission  rendered  in  any  proceedings 
under  this  section  shall  be  communicated,  within  20  days 
after  final  hearing,  to  all  parties  to  whom  notice  of  the 
hearing  in  said  proceedings  was  given,  or  who  appeared  at 
said  hearing  by  counsel  or  in  person. 

New  streets  across  railroads.  §  90.  When  a  new  street, 
avenue  or  highway  or  new  portion  of  a  street,  avenue  or 
highway,  or  a  State  or  county  highway  deviating  from  the 
across  a  steam  surface  railroad,  other  than  pursuant  to 
the  provisions  of  §  91  of  this  chapter,  such  street,  aveaue 
or  highway  or  portion  of  such  street,  avenue  or  highvay, 
shall  pass  over  or  under  such  railroad  or  at  grade  as  the 
public  service  commission  shall  direct.  Notice  of  intention 
to  lay  out  such  street,  avenue  or  highway,  or  new  pon  Ion 
line  of  an  existing  highway,  shall  hereafter  be  construe  ted 
of  a  street,  avenue  or  highway,  across  a  steam  surface 
railroad  shall  be  given  to  such  railroad  company  by  the 
municipal  corporation  at  least  15  days  prior  to  the  mat  ing 
of  the  order  laying  out  such  street,  avenue  or  highway  by 
service  personally  on  the  president  or  vice-president  of  the 
railroad  corporation,  or  any  general  oflScer  thereof.  In 
case  of  the  construction  of  a  State  or  county  high- /ay 
which  deviates  from  the  line  of  an  existing  highway  aci  oss 
a  steam  surface  railroad,  a  like  notice  shall  be  giver  to 
such  railroad  company  by  the  State  commission  of  h  gh- 
ways  at  least  15  days  prior  to  the  adoption  of  the  m;  ps, 
plans  and  specifications  for  such  State  or  county  high'  'ay 
by  such  commission.  Such  notice  shall  designate  the  t  me 
when  and  place  where  a  hearing  will  be  given  to  s  ich 
railroad  company,  and  such  railroad  company  shall  h  ive 
the  right  to  be  heard  before  the  authorities  of  s  ich 
municipal  corporation  upon  the  question  of  the  neces  ;ity 
of  such  street,  avenue  or  highway,  or  before  the  S  ate 
commission  of  highways  in  case  of  a  State  or  county  h  gh- 
way,  on  the  question  of  the  location  of  such  highway.  If 
the  municipal  corporation  determines  such  street,  ave  lue 
or  highway  to  be  necessary,  or  if  the  State  commissioi  of 
highways  determines  that  such  State  or  county  high  vay 
which  deviates  from  the  line  of  an  existing  highway  s  lall 
be  constructed  across  such  railroad  at  the  place  indici  ted 
in  the  maps,  plans  and  specifications  therefor,  such  munic- 
ipal corporation  or  commission  of  highways  shall  then 
apply  to  the  public  service  commission  before  any  fur  her 
proceedings  are  taken,  to  determine  whether  such  sti  eet, 
avenue  or  highway  shall  pass  over  or  under  such  raili  oad 
or  at  grade.  The  public  service  commission  shall  there- 
upon appoint  a  time  and  place  for  hearing  such  applicai  ion, 
and  shall  give  such  notice  thereof  as  it  shall  judge  rea  ion- 
able,  not  however  less  than  10  days,  to  the  railroad  ( om- 
pany  whose  railroad  is  to  be  crossed  by  such  new  sti  eet, 
avenue  or  highway,  or  new  portion  of  a  street,  avenu ;  or 
highway,  to  the  state  commission  of  highways,  or  in  the 
case  of  a  State  or  county  highway  which  deviates  from  the 
line  of  an  existing  highway,  to  the  municipal  corporation 
and  to  the  owners  of  land  adjoining  the  railroad  and  that 
part  of  the  street,  avenue  or  highway  to  be  opened,  ex- 
tended or  constructed.  The  public  service  commission 
shall  determine  whether  such  street,  avenue  or  highvay, 
or  new  portion  of  a  street,  avenue  or  highway,  or  State  or 
county  highway  shall  be  constructed  over  or  under  such 
railroad  or  at  grade.  If  said  commission  determine  that 
such  street,  avenue  or  highway  shall  be  carried  across 
such  railroad  above  grade,  then  said  commission  shall  de- 
termine the  height,  the  length  and  the  material  of  the 
bridge  or  structure  by  means  of  which  such  street,  avenue 
or  highway  shall  be  carried  across  such  railroad,  and  the 
length,  character  and  grades  of  the  approaches  thereto.    If 


Public  Service  Laws 


983 


said  commission  sliall  determine  tliat  such  street,  avenue 
or  highway  shall  be  constructed  or  extended  below  the 
grade,  said  commission  shall  determine  the  manner  and 
method  in  which  the  same  shall  be  so  carried  under,  and 
the  grade  or  grades  thereof,  and  if  said  commission  shall 
determine  that  said  street,  avenue  or  highway  shall  be  con- 
structed or  extended  at  grade,  said  commission  shall  deter- 
mine the  manner  and  method  in  which  the  same  shall  be 
carried  over  said  railroad  at  grade  and  what  safeguards 
shall  be  maintained.  The  decision  of  the  commission  as  to 
the  manner  and  method  of  carrying  such  new  street,  ave- 
nue or  highway,  or  new  portion  of  a  street,  avenue  or  high- 
way, or  State  or  county  highway  which  deviates  from  the 
line  of  an  existing  highway,  across  such  railroad  shall  be 
final,  subject  however  to  the  right  of  appeal  hereinafter 
given.  The  decision  of  said  commission  rendered  in  any 
proceeding  under  this  section  shall  be  communicated 
within  20  days  after  final  hearing  to  all  parties  to  whom 
notice  of  the  hearing  in  such  proceeding  was  given,  or  who 
appeared  at  such  hearing  by  counsel  or  in  person. 

Petition  for  alteration   of  existing   crossing.      §  91    [as 
amended  by  Act  of  May  17,  1911].    The  mayor  and  common 
council  of  any  city,  the  president  and  trustees  of  any  vil- 
lage, the  town  board  of  any  town  within  which  a  street, 
avenue  or  highway  crosses  or  is  crossed  by  a  steam  surface 
railroad  at  grade,  or  any  steam  surface  railroad  company, 
whose  road  crosses  or  is  crossed  by  a  street,  avenue  or  high- 
way at  grade,  may  bring  their  petition  in  writing  to  the 
public    service    commission,    therein    alleging    that    public 
safety  requires  an  alteration  in  the  manner  of  such  cross- 
ing, its  approaches,  the  method  of  crossing,  the  location  of 
the  highway  or  crossing,  the  closing  and  dlscontiuance  of 
a  highway  crossing  and  the  diversion  of  the  travel  thereon 
to  another   highway  or  crossing,   or   if  not   practicable  to 
change  such  crossing  from  grade  or  to  close  and  discontinue 
the  same,  the  opening  of  an  additional  crossing  for  the  par- 
tial   diversion    of    travel    from    the    grade    crossing,    and 
praying  that  the  same  may  be  ordered.     Where  a  street, 
avenue    or    highway    in    a    city,    village    or    town,    which 
crosses    or    is    crossed    by   a    steam   surface    railnaad    at 
grade  is  a  part  of  a  highway  which  the  State  commission 
of  highways   shall   have  determined   to   construct  or   im- 
prove   as    a    State    or    county    highway,    as    provided    in 
article   6   of   the   highway  law,   such  commission   of  high- 
ways may  bring  a  petition  containing  any  of  the  allega- 
tions    above     specified     and     praying    for    a    like    order. 
Upon  any  such  petition  being  brought  the  public  service 
commission   shall  appoint  a  time  and   place  for  hearing 
the   petition,  and  shall  give  such  personal  notice  thereof 
as    It    shall    judge   reasonable    of    not  less  than  10  days, 
however,    to    said    petitioner,    the    railroad    company,    the 
municipality  in   which   such  crossing  is   situated,   and   if 
such   crossing  is  in  whole  or  in  part  in   an  incorporated 
village    having    not    to    exceed    1,200    inhabitants,    also 
to  the  supervisor  or  supervisors  of  the  town    or    towns 
In   which   such   crossing  is   situated;    and  in  all   cases   to 
the  owners  of  the  lands  adjoining  such  crossing  and  ad- 
joining that  part  of  the  highway  to  be  changed  in  grade 
or  location,  or  the  land  to  be  opened  for  a  new  crossing, 
and  to  the  State  commission  of  highways    in    case    of   a 
State    or    county    highway.      The    public    service    commis- 
sion shall  cause  notice  of  said  hearing  to  be  advertised 
in    at    least    two    newspapers    published    in    the    locality 
affected  by  the  applicatio».     Upon  such  notice  and  after 
a  hearing  the  public  service  commission  shall  determine 
what  alterations  or  changes,  if  any,  shall  be  made.     If 
the    application    be    made    by    the    State    commission    of 
highways    in    respect    to    a    street,    avenue    or    highway 
proposed  to  be  constructed  or  improved  as  a  part  of  a 
State    highway,    the    decision    shall    state    whether    such 
highway  shall  cross  such  railroad  above  or  below  the  grade 
of   the   highway;    in   case  of  a  county  highway,   such   de- 
cision shall  state  whether  such  highway  shall  cross  such 
railroad    at   grade,    or    above   or   below   the   grade   of   the 
highway.    The  decision  of  said  public  service  commission 
rendered   in   any   proceeding   under  this    section   shall  be 
communicated   within   20  days  after  final  hearing  to  all 
parties    to    whom    notice    of    the    hearing    in    said    pro- 
ceeding was  given,  or  who  appeared  at  said  hearing  by 
counsel  or  In  person.    Any  person  aggrieved  by  such  deci- 
sion or  by  a  decision  made  pursuant  to  §  §  89  and  90  hereof, 
and  who  was  a  party  to  said  proceeding,  may  within  60 
days  appeal  therefrom  to  the  appellate  division  of  the  Su- 


preme Court  In  the  department  in  which  such  grade  cross- 
ing is  situated,  and  to  the  court  of  appeals,  in  the  same 
manner  and  with  like  effect  as  is  provided  in  the  case  of 
appeals  from  an  order  of  the  Supreme  Court. 

Acquisition  of  land,  right  or  easement  in  crossing.  §  92. 
The  municipal  corporation  in  which  the  highway  crossing 
Is  located,  or  the  State  commission  of  highways  in  case  of 
a  street,  avenue  or  highway  to  be  constructed  or  improved 
as  a  part  of  a  State  or  county  highway,  may  with  the  ap- 
proval of  the  railroad  company  acquire  by  purchase  any 
lands,  rights  or  easements  necessary  or  required  for  the 
purpose  of  carrying  out  the  provisions  of  §§  89,  90  and  91 
of  this  chapter,  but  if  unable  to  do  so  shall  acquire  such 
lands,  rights  or  easements  by  condemnation  either  under 
the  condemnation  law  or  under  the  provisions  of  the  char- 
ter of  such  municipal  corporation.  The  railroad  company 
shall  have  notice  of  any  such  proceedings  and  the  right  to 
be  heard  therein. 

Repair  of  bridges  and  subways  at  crossings.  §  93. 
When  a  highway  crosses  a  railroad  by  an  overhead  bridge, 
the  framework  of  the  bridge  and  its  abutments  shall  be 
maintained  and  kept  in  repair  by  the  railroad  company, 
and  the  roadway  thereover  and  the  approaches  thereto 
shall  be  maintained  and  kept  in  repair  by  the  municipality 
In  which  the  same  are  situated ;  except  that  in  the  case  of 
any  overhead  bridge  constructed  prior  to  the  first  day  of 
July,  1897,  the  roadway  over  and  the  approaches  to  which 
the  railroad  company  was  under  obligation  to  maintain 
and  repair,  such  obligation  shall  continue,  provided  the 
railroad  company  shall  have  at  least  10  days'  notice  of 
any  defect  in  the  roadway  thereover  and  the  approaches 
thereto,  which  notice  must  be  given  in  writing  by  the 
town  superintendent  of  highways  or  other  duly  constituted 
authority,  and  the  railroad  company  shall  not  be  liable  by 
reason  of  any  such  defect  unless  it  shall  have  failed  to 
make  repairs  within  10  days  after  the  service  of  such 
notice  upon  it.  When  a  highway  passes  under  a  railroad, 
the  bridge  and  its  abutments  shall  be  maintained  and  kept 
in  repair  by  the  railroad  company,  and  the  subway  and  Its 
approaches  shall  be  maintained  and  kept  in  repair  by  the 
municipality  in  which  the  same  are  situated.  In  case  such 
highway  is  a  part  of  a  State  or  county  highway  constructed 
or  improved  as  provided  in  article  6  of  the  highway  law, 
the  roadway  over  such  railroad  or  the  subway  underneath 
the  same,  and  the  approaches  thereto,  shall  be  maintained 
and  kept  in  repair  under  the  supervision  and  control  of  the 
State  commission  of  highways  in  the  manner  provided  by 
the  highway  law  for  the  maintenance  and  repair  of  Sfete 
and  county  highways. 

Expense  of  constructing  new  crossings.  §  94  [as  amended 
by  Act  of  May  17,  1911],  Whenever  under  the  provisions  of 
§  89  of  this  chapter,  new  railroads  are  constructed  across 
existing  highways,  the  expense  of  crossing  abovfe  or  below 
the  grade  of  the  highway  shall  be  paid  entirely  by  the  rail- 
road corporations.  Whenever  under  the  provisions  of  §  90 
of  this  chapter  a  new  street,  avenue  or  highway  is  con- 
structed across  an  existing  railroad,  the  railroad  corpora- 
tion shall  pay  one-half  and  the  municipal  corporation 
wherein  such  street,  avenue  or  highway  is  located  shall  pay 
the  remaining  one-half  of  the  expense  of  making  such  cross- 
ing above  or  below  grade;  and  whenever  a  change  is  made 
as  to  an  existing  crossing  in  accordance  with  the  provi- 
sions of  §  91  of  this  chapter,  50  per  centum  of  the  ex- 
pense thereof  shall  be  borne  by  the  railroad  corporation, 
25  per  centum  by  the  municipal  corporation,  and  25  per 
centum  by  the  State;  except  that  whenever  an  existing 
crossing,  in  which  a  change  is  made  under  the  provisions 
of  §  91,  is  located  wholly  or  partly  within  an  incorporated 
village  having  not  to  exceed  1,200  inhabitants,  the  portion 
of  expense  herein  required  to  be  borne  by  the  municipal 
corporation  shall  be  born  by  the  town  or  towns  in  which 
such  crossing  is  situated.  Whenever  under  the  provi- 
sions of  §§  90  and  91  of  this  chapter  a  highway  is  con- 
structed across  an  existing  railroad  and  is  a  part  of  a 
State  or  county  highway  constructed  or  improved  as  pro- 
vided in  the  highway  Jaw,  one-half  of  the  expense  of 
making  such  crossing  above  or  below  grade  shall  be  paid 
by  the  railroad  corporation,  and  the  remaining  one-half 
of  such  expense  shall  be  paid  by  the  State  In  the  case  of 
a  State  highway,  and  jointly  by  the  State,  county  and 
town  in  the  case  of  a  county  highway,  in  the  same  pro- 
portion and  in  the  same  manner  as  the  cost  of  the  con- 
struction or  improvement  of  such  State  or  county  high- 


984 


National  Association  of  Eailwat  Commissioners 


way  is  paid.     Whenever  in  carrying  out  the  provisions  ot 
S$  90  or   91   of  this  chapter  two  or  more  lines  of  steam 
surface    railroad,    owned    and    operated    by   different    cor- 
porations, cross  a  highway  at  a  point  where  a  change  in 
grade   is   made,  each   corporation   shall   pay   such   propor- 
tion of  50   per  centum  of  the  expense   thereof   as   shall 
be    determined    by    the    public    service    commission.      In 
carrying   out   the   provisions   of   §§  89,   90   and   91   of   this 
chapter  the  work  shall  be  done  by  the  railroad  corpora- 
tion   or    corporations    affected    thereby,    subject    to    the 
supervision  and  approval  of  the  public  service  commission, 
and  in  all  cases,  except  where  the  entire  expense  is  paid 
by  the  railroad  corporation,  the  expense  of  construction 
shall    be    paid    primarily   by    the    railroad    company,    and 
the  expense  of  acquiring  additional  lands,  rights  or  ease- 
ments shall  be  paid  primarily  by  the  municipal  corpora- 
tion wherein   such   highway  crossings  are  located,  or,   in 
case    of    a    State    or  county  highway,  upon  the  order  of 
the   State   commission   of   highways   out  of   moneys   avail- 
able   therefor.      Plans    and    specifications    of    all    changes 
proposed    under    §§  90    and    91    of    this    chapter,    and    an 
estimate    of   the   expense   thereof   shall   be   submitted   to 
the  public  service  commission  for  its  approval  before  the 
letting   ot   any    contract.     If   such    changes    are    proposed 
in  a  highway  which  is  to  be  constructed  or  improved  as 
a  State  or  county  highway,  such  plans  and  specifications 
shall  also  be  submitted  to  the  State  commission  of  high- 
ways for  its  approval  before  the  letting  of  any  contract. 
In   case   the   work   is   done  by   contract   the   proposals   of 
contractors  shall  be  submitted  to  the  public  service  com- 
mission, and  if  the  commission   shall  determine  that  the 
bids  are  excessive  it  shall  have  the  power  to  require  the 
submission  of  new  proposals.     The  commission  may  em- 
ploy  temporarily   such   experts   and  engineers  as  may  be 
necessary   to   properly   supervise   any   work   that  may   be 
undertaken   under    §§  89,   90   and   91   of  this    chapter,   the 
expense  thereof  to  be  paid  by  the  comptroller  upon  the 
requisition  and  certificate  of  the  commission,  said  expense 
to   be   included   in   the   cost  of   the   particular   change   in 
grade  on  account  of  which  it  is  incurred  and  finally  ap- 
portioned in  the  manner  provided  in  this  section.     Upon 
the  completion  of  the  work  and  its  approval  by  the  pub- 
lic   service    commission    an    accounting   shall   be   had    be- 
tween   the    railroad    corporation    and    the    municipal    cor- 
poration,   or    the    State    commission    of   higliways,   of   the 
amounts  expended  by  each  with  interest,  and  if  It.  shall 
appear    that    the    railroad    corporation    or    the    municipal 
corporation,    or    the    State    commission    of    highways    has 
expended    more   than   its    proportion    of    the    expense   of 
the    crossing   as    herein    provided,    a    settlement    shall    be 
forthwith  made  in  accordance  with  the  provisions  of  this 
section.     All  items  of  expenditure  shall  be  verified  under 
oath,  and,_  in  case  of  a  dispute  between  the  railroad  cor- 
poration and  the  municipal  corporation  or  the  State  com- 
mission   of    highways    as    to    the    amount   expended,    any 
judge    of   the    Supreme    Court   in   the   judicial    district  in 
which  the  municipality,  or  the  State  or  county  highway, 
is  situated  may  appoint  a  referee  to  take  testimony  as  to  the 
amount  expended,   and  the  confirmation  of  the  report  of 
the  referee  shall  be  final.     In  the  event  of  the  failure  or 
refusal  of  the  railroad  corporation  to  pay  its  proportion  of 
the  expense,  the  same,  with  interest  from  the  date  of  such 
accounting,  may  be  levied  and  assessed  upon  the  railroad 
corporation  and  collected  in  the  same  manner  that  taxes 
and  assessments  are  now  collected  by  the  municipal  corpo- 
ration within  which  the  work  is  done;   and  in  the  event 
of  the  failure  or  refusal  of  the  municipal  corporation  to 
pay  its  proportion  of  the  expense,  suit  may  be  instituted  by 
the  railroad   corporation   for   the   collection   of  the   same 
with  interest  from  the  date  of  such  accounting,  or  the  rail- 
road  corporation   may   offset   such   amount   with   interest 
against  any  taxes  levied  or  assessed  against  it  or  its  prop- 
erty by  such  municipal  corporation.     The  legislature  shall 
annually   appropriate   out   of   any    moneys    not    otherwise 
appropriated  the  sum  of  $100,000    for  the  purpose  of  paying 
the  State's  proportion  of  the  expense  of  a  change  in  an 
existing  grade  crossing  other  than  that  required  to  be  paid 
by  the  State  from  funds  appropriated  for  the  construction 
of  State  and  county  highways  as  above  provided.     If  in 
any  year  any  less  sum  than  $100,000  is  expended  by  the 
state  for  the  purpose  aforesaid  the  balance  remaining  un- 
expended shall  be  applied  to  reduce  the  amount  appropri- 
ated by  the  State  In  the  next  succeeding  year,  except  that 
no  such   deduction   shall  be   made   in   case  there   are  out- 


standing and  unadjusted  obligations  on  account  of  a  change 
in  an  existing  grade  crossing  for  a  proportion  of  which  the 
State  is  liable  under  the  provisions  of  this  section.  In  the 
event  of  the  appropriation  made  by  the  State  In  any  one 
year  being  insufficient  to  pay  the  State's  proportion  of  the 
expense  of  any  change  that  may  be  ordered,  the  first  pay- 
ment from  the  appropriation  ot  the  succeeding  year  shall 
be  on  account  of  said  change,  and  no  payment  shall  be 
made  on  account  of  any  subsequent  change  that  may  be 
ordered,  nor  shall  any  subsequent  change  be  ordered  until 
the  obligation  of  the  State  on  account  of  the  first-named 
change  in  grade  has  been  fully  discharged,  unless  the  same 
shall  be  provided  for  by  an  additional  appropriation  to  be 
made  by  the  legislature."  The  State's  proportion  of  the 
expense  of  changing  any  existing  grade  crossing  shall  be 
paid  by  the  State  treasurer  on  the  warrant  of  the  comp- 
troller, to  which  shall  be  appended  the  certificate  of  the 
public  service  commission  to  the  effect  that  the  work  has 
been  properly  performed  and  a  statement  showing  the  situa- 
tion of  the  crossing  that  has  been  changed,  the  total  cost 
and  the  proportionate  expense  thereof,  and  the  money  shall 
be  paid  in  whole  or  in  part  to  the  railroad  corporation  or 
to  the  municipal  corporation,  as  the  public  service  commis- 
sion may  direct,  subject,  however,  to  the  rights  of  the  re- 
spective parties  as  they  appear  from  the  accounting  to  be 
had  as  hereinbefore  provided  for.  No  claim  for  damages  to 
property  on  account  of  the  change  or  abolishment  of  i.ny 
crossing  under  the  provisions  of  this  article  shall  be 
allowed  unless  notice  of  such  claim  is  filed  with  the  public 
service  commission  within  six  months  after  completion  of 
the  work  necessary  for  such  change  or  abolishment. 

Proceedings  'by  puilic  service  commission  for  alterat  on 
of  grade  crossings.  §  95.  The  public  service  commiss  on 
may,  in  the  absence  of  any  application  therefor,  wh3n, 
in  its  opinion,  public  safety  requires  an  alteration  in  an 
existing  grade  crossing,  institute  proceedings  on  its 
own  motion  for  an  alteration  in  such  grade  crossl  ig, 
upon  such  notice  as  it  shall  deem  reasonable,  of  not 
less  than  10  days,  however,  to  the  railroad  company,  he 
municipal  corporation  and  the  person  or  persons  inler- 
ested,  and  proceedings  shall  be  conducted  as  provlc  ed 
in  §91  of  this  chapter.  The  changes  in  existing  gn  de 
crossings,  authorized  or  required  by  the  commission  in 
any  one  year,  shall  be  so  distributed  and  apportioi  ed 
over  and  among  the  railroads  and  the  municipalities  of 
the  State  as  to  produce  such  equality  of  burden  U]  on 
them  for  their  proportionate  part  of  the  expenses  an 
herein  provided  for  as  the  nature  and  circumstances  of 
the  cases  before  it  will  permit. 

Proceedings  to  enforce  orders  of  commission.  §  96.  It 
shall  be  the  duty  of  the  corporation,  municipality  or 
person  or  persons  to  whom  the  decisions  cr  orders  of 
the  public  service  commission  are  directed,  as  provi'  ed 
in  §§  89,  90,  91  and  95  of  this  chapter,  to  comply  -w  ith 
such  decisions  and  orders,  and  in  case  of  their  fail  ire 
so  to  do  the  commission  shall  thereuprn  take  procf  ed- 
ings  to  compel  obedience  to  the  decisions  and  orders  of 
the  commission.  The  Supreme  Court  at  a  special  t<  rm 
shall  have  the  power  in  all  cases  of  such  decisions  ;  nd 
orders  by  the  public  service  commission  to  compel  c  im- 
pliance  therewith  by  mandamus,  or  under  the  provisi  ins 
of  the  public  service  commissions  law,  subject  to  apj  eal 
to  the  appellate  division  of  the  Supreme  Court  and  the 
court  of  appeals  in  the  same  manner  and  with  ike 
effect  as  is  provided  in  case  of  appeals  from  an  older 
of   the    Supreme    Court. 

Municipal  corporation  may  borrow  money.  §  97.  When- 
ever, in  carrying  out  any  of  the  provisions  of  §§89  to  96, 
Inclusive,  of  this  chapter,  any  municipality  shall  ii  cur 
any  expense  or  become  liable  for  the  payment  of  any 
moneys,  it  shall  be  lawful  for  such  municipality  tem- 
porarily to  borrow  such  money  on  the  notes  or  ceitlfl- 
cates  of  such  municipality,  and  to  include  the  amcunt 
of  outstanding  notes  or  certificates,  or  any  part  theieof, 
In  its  next  annual  tax  levy  for  municipal  purposes,  O"  In 
the  discretion  of  the  common  council  in  case  of  a  city, 
the  board  of  trustees  in  case  of  a  village  or  the  tDwn 
board  in  case  of  a  town,  to  borrow  the  same,  or  any 
part  thereof,  on  the  credit  of  the  municipality,  ancl  to 
issue  bonds  therefor,  which  bonds  shall  be  signed  by 
the  mayor  and  clerk  In  case  of  a  city,  the  president 
and  clerk  in  case  of  a  village  and  the  town  board  in 
case  of  a  town,  and  shall  be  in  such  form  and  for  such 


Public  Service  Laws 


985 


sums  and  be  payable  at  such  times  and  places,  with  interest 
not  exceeding  4  per  centum  per  annum,  as  the  common 
council  in  case  of  a  city,  the  board  of  trustees  in  case 
of  a  village  and  the  town  board  in  case  of  a  town  shall 
direct. 

Intersections  of  railroads.  §  98.  All  steam  railroads  here- 
after constructed  across  the  tracks  of  any  other  railroad 
and  any  street  surface  railroad  hereafter  constructed 
across  a  steam  railroad  shall  be  above,  belcw  or  at 
grade  of  such  existing  railroad  as  the  public  service 
commission  shall  determine,  and  such  commission  shall 
in  such  determination  fix  the  proportion  of  expense  of 
such  crossing  to  be  paid  by  each  railroad. 

Application  of  foregoing  sections.  §  99.  The  provisions 
of  §§  89  to  98,  inclusive,  of  this  chapter,  shall  also  apply 
to  all  steam  surface  railroads  existina;  on  the  first  day 
of  July,  1897,  or  thereafter  on  which,  after  said  date, 
electricity  or  some  other  agency  than  steam  shall  be 
substituted  as  a  motive  power.  None  of  the  provisions 
of  said  sections  shall  apply  to  crossings  in  the  city  of 
Buffalo  under  the  jurisdiction  of  the  grade  crossing 
commissioners  of  that  city,  nor  shall  they  apply  to  the 
IJni-ersity  avenue  or  Brown  street  crossing  in  the  city 
of  Rochester. 

Temporary  leave  granted  ty  court  to  a  street  surface 
railroad — Bond.  §  100.  Whenever  the  railroad  or  route  of 
any  street  surface  railroad  corporation  shall  intersect 
and  cross  or  shall  cross  the  tracks  and  roadbed  of  any 
railroad,  operated  by  locomotive,  steam  or  other  power, 
which  are  laid  in,  across  or  upon  the  surface  of  any 
street,  avenue,  read  or  highway  in  any  city,  town  or 
village  of  the  State  having  less  than  500,000  inhabitants, 
and  such  street  surface  railroad  corporation,  having  been 
unable  to  agree  with  the  corporation  owning  the  tracks 
and  roadbed  so  intersected  or  to  be  intersected  and 
crossed,  as  to  the  line  or  lines,  grade  or  grades,  points 
or  manner  of  such  intersection  and  crossing,  or  upon 
the  compensation  to  be  made  therefor,  shall  have  ap- 
plied to  the  court  by  petition  to  appoint  commissioners 
to  determine  the  same,  the  court  shall,  upon  application 
made  by  such  street  surface  railroad  corporation,  at,  cr 
after,  the  time  of  the  appointment  of  such  commis- 
sioners, or  if  an  answer  to  the  petition  of  such  street 
surface  railroad  corporation  has  been  interposed,  at  any 
time  thereafter,  direct  that  such  street  surface  railroad 
corporation  be  permitted  to  lay  Its  tracks  across  and 
to  intersect,  upon  the  surface  of  the  street,  avenue,  road 
or  highway,  the  tracks  and  roadbed  of  such  railroad 
operated  by  locomotive  steam  or  other  power,  provided 
such  street  surface  railroad  corporation  shall,  at  the  time 
of  obtaining  such  order,  make  and  file  with  the  clerk 
of  said  court  its  bond  or  undertaking  in  writing,  in  an 
amount  and  with  surety  or  sureties  to  be  approved  by 
the  court,  conditioned  for  the  full  and  faithful  per- 
formance by  such  street  surface  railroad  corporation  of 
any  and  all  conditions  and  requirements  which  may  be 
Imposed  by  said  commissioners  and  be  affirmed  by  the 
court,  in  determining  the  line  or  lines,  grade  or  grades, 
points  or  manner  of  such  intersection  and  crossing  and 
as  to  the  amount  of  compensation  to  be  paid  therefor, 
and  also  conditioned  to  conform  such  crossing  and  inter- 
section made  by  virtue  of  such  order  of  the  court  to 
the  requirements  made  by  said  commissioners  as  affirmed 
by  the  ccurt. 

Consent  of  public  service  commission  in  certain  cases. 
i  101.  No  street  surface  railroad  shall  be  allowed  to  lay  Its 
tracks  at  grade  across  the  tracks  or  roadbed  of  any 
railroad  operated  by  locomotive  steam  power  at  any 
point  where  there  are  three  or  more  tracks  of  the  steam 
road  proposed  to  be  crossed,  which  tracks  have  been 
constructed  and  in  operation  at  least  two  years,  unless 
the  written  consent  of  the  public  service  commission  be 
first  obtained  for  such  crossing  at  grade.  But  this  sec- 
tion shall  not  affect  the  operation  of  the  preceding 
section  in  any  suit  or  proceeding  pending  on  the  twenty- 
ninth  day  of  March,  1893,  nor  any  renewals  of  said 
pending  suit  cr  proceeding  brought  for  any  cause. 

Ventilation  of  tunnels.  §  102.  The  public  service  com- 
mission is  hereby  authorized,  empowered  and  given  full 
and  complete  authority  to  require  and  compel  all  tun- 
nels used  or  to  be  used  by  railroads  operated  by  steam 
!in  this   State  to  be   properly  ventilated,   in   such   manner 


and   by   such    means   and   mechanical   appliances    as    said 
commission  may  direct. 

Lighting  of  tunnels.  §  103.  The  public  service  commis- 
sion is  also  hereby  authorized,  empowered  and  given  full 
and  complete  authority  to  require  and  compel  all  tun- 
nels used  or  to  be  used  by  railroads  operated  by  steam 
in  this  State,  to  be  properly  lighted  by  electricity  or 
otherwise,  or  by  such  means  or  in  such  manner  as  said 
commission   may  direct. 

Compliance  with  orders  of  commission.  §  104.  When- 
ever the  public  service  commission  shall  cause  to  be  per- 
sonally served  upon  any  railroad  corporation  controlling 
any  tunnel  or  part  of  a  tunnel  in  this  State  for  the 
purpose  of  operating  a  railroad  or  moving,  hauling  or 
propelling  cars  therein  by  steam,  by  delivering  a  copy 
personally  to  the  president,  general  manager  or  any 
director  of  said  corporation  of  a  notice  or  order  of  said 
commission,  stating  and  specifying  the  structures  to 
be  erected,  the  manner,  means,  mechanical  appliances 
and  apparatus  to  be  used  in  lighting  or  ventilating  any 
tunnel  or  tunnels  used  by  said  corporation  for  the  pur- 
pose of  moving,  hauling  or  propelling  cars  by  steam 
therein  as  aforesaid,  said  corporation  shall,  within  30 
days  from  and  after  the  service  of  said  notice  or  order 
as  aforesaid,  cause  said  tunnel  or  tunnels  so  used  by  It 
as  aforesaid  to  be  lighted  or  ventilated,  or  both,  in  the 
manner  and  by  the  means  and  use  of  the  mechanical, 
apparatus  and  appliances  specified  and  pointed  out  in 
said  notice  or  order. 

Mandamus.  §  105.  After  the  expiration  of  30  days  from 
the  service  of  said  order  or  notice  specified  in  the 
preceding  section,  as  therein  directed,  if  said  corporation 
shall  not  have  fully  complied  with  the  provisions  and 
requirements  of  said  notice  or  order  as  aforesaid  and  as 
therein  directed  and  required,  the  public  service  com- 
mission may  apply  hereunder  or  imder  the  provisions 
of  the  public  service  commissions  law  to  the  Supreme 
Court  of  this  State  for  a  writ  of  mandamus  to  compel 
said  corporation  or  corporations  so  neglecting  or  refus- 
ing to  obey  and  comply  with  the  provisions  of  said  order 
or  notice  to  comply  with  and  obey  the  provisions  and 
requirements  of  said  notice  or  order,  and  said  court  shall 
have  full  power  and  authority  to  hear  and  determine 
said  matter,  and,  after  giving  the  corporation  or  cor- 
porations proceeded  against  an  opportunity  to  be  heard 
in  its  or  their  defense,  to  compel  said  corporation  or 
corporations  so  proceeded  against  to  obey  said  order  or 
notice,  and  forthwith  comply  with  and  carry  out  the 
provisions   and   requirements   therein   contained. 

Penalty  for  violation.  §  106.  Every  corporation  violat- 
ing any  of  the  provisions  of  the  preceding  four  sections 
shall  be  guilty  of  a  misdemeanor  and  may  be  indicted 
therefor,  and  may  be  compelled  to  appear  and  plead  to 
an  indictment  therefor  in  the  person  of  its  president, 
secretary,  treasurer  or  any  director  thereof,  and  a  bench 
warrant  may  issue  out  of  any  competent  court  to  compel 
such  attendance  and  pleading,  and,  upon  conviction 
thereof,  such  corporations  shall  be  punished  by  a  fine 
of  $1,000,  and  an  additional  fine  of  $500  a  day  for  each 
and  every  day  or  part  of  a  day  after  30  days  from  the 
due  service  of  said  notice  or  order  that  said  corporation 
shall  refuse  or  neglect  to  obey  and  carry  out  the  re- 
quirements and  provisions  of  the  same,  and  duly  sen- 
tenced  to  pay  the  same. 

Judgment-roll.  §  107.  It  shall  be  the  duty  of  the  dis- 
trict attorney  prosecuting  any  corporation  for  a  violation 
of  any  of  the  provisions  of  §§  103,  104  and  105,  that  shall 
be  convicted  thereof  and  sentenced  to  pay  a  fine  there- 
for, to  cause  a  judgment-roll  to  be  made  up,  consisting 
of  the  indictment,  orders  and  sentence  of  the  court  and 
a  formal  judgment,  to  be  prepared  by  him,  which  judg- 
ment shall  be  duly  signed  by  the  clerk  of  the  county  in 
which  said  trial  took  place;  said  judgment-roll  shall  be 
filed  by  said  county  cerk  and  said  judgment  shall  be 
duly  recorded  in  the  book  of  judgments  in  said  county 
and  duly  entered  and  docketed  by  said  county  clerk  in 
said  county  the  same  as  if  said  judgment  had  been  ob- 
tained in  a  civil  action,  and  said  judgment  so  duly 
entered  and  docketed  shall  become  and  be  a  lien  upon 
all  of  the  real  estate  of  said  corporation  against  which 
the  same  is  obtained,  and  the  collection  thereof  may 
be    enforced   by    execution    to   be    issued    and    signed   by 


986 


National  Association  of  Kailway  Commissioners 


the  district  attorney  of  the  county  where  the  trial  of  said 
Indictment  took  place,  in  the  same  manner  and  to  the 
same  extent  as  executions  are  collected  in  civil  actions. 

Approval  of  appliances  in  cities  having  a  population  of 
1,000,000  inhabitants  or  over.  §  108.  In  cities  in  this 
State  having  a  population  of  1,000,000  Inhabitants  or 
over,  where  tunnels  are  or  may  hereafter  be  operated 
or  controlled  by  any  railroad  corporation,  such  portions 
of  any  mechanical  or  other  devices  or  appliances  as  may 
,  be  required  under  the  provisions  of  the  preceding  six 
sections  to  be  constructed  on  or  above  the  surface  of 
any  streets,  avenues  or  other  places  under  which  such 
tunnels  may  be  built,  shall  be  subject,  as  to  form,  material 
and  construction,  to  the  approval  of  the  local  authorities 
of  such  cities,  except  that  in  the  city  of  New  York  such 
approval  shall  be  by  a  majority  vote  of  the  mayor,  the 
comptroller,  the  president  of  the  department  of  public 
parks  of  said  city  and  the  president  of  the  borough  of 
said  city  in  which  such  mechanical  or  other  device  or 
appliance  Is  to  be  constructed. 

ARTICLE  4. 

CONSOLIDATION,  LEASE,   SALE  AND  BEOBGANIZATION. 

§  140.     Consolidation  of  corporations  owning  continuous 
lines — Abandonment  of  parallel  lines. 

§  141.     Conditions. 

§  142.     New  corporation. 

§  143.     Creditors'  rights  not  to  be  impaired. 

§  144.     Assessment  of  property  of  new  corporation. 

§  145.  Stocks  of  municipal  corporations,  how  repre- 
sented. 

§  146.  Foreclosure  of  mortgages  made  by  consolida- 
ted railroads  partly  in  the  State. 

§  147.  Powers  of  corporations  organized  to  acquire  and 
operate  railroads  partly  In  the  State. 

§  148.    Lease  of  road. 

§  149.    Lessees  of  railroad  may  acquire  stock  therein. 

§  150.  Consolidation  and  lease  of  parallel  lines  prohibi- 
ted. 

§  151.    Mortgagee  may  purchase  at  foreclosure  sale. 

§  152.  Certificate  of  stock  may  be  issued  after  fore- 
closure in  certain  cases. 

§  153.     Liabilities  of  reorganized  railroad   corporations. 

§  154.     Foreign  railroads. 

§  155.    Consolidation  of  domestic  and  foreign  rallroade. 

Consolidation  of  corporations  owning  continuous  lines — 
Abandonment   of  parallel   lines.     §  140. 

Power   to    consolidate.     1.     Subject   to   the   permission 
and  approval  of  the  public  service  commission,  any  railroad 
or    other    corporation,   organized    under  the  laws  of  thii 
State,  or  of  this  State  and  any  other  State,  and  owning  or 
operating  a  railroad,  bridge  or  tunnel,  either  wholly  within 
or  partly  within  and  partly  without  the  State,  or  whose 
lines    or    routes   of    road    have  been  located  but  not  con- 
structed, may  merge  and  consolidate  its  capital  stock,  fran- 
chises and  property  with  the  capital  stock,  franchises  and 
property  of  any  other  railroad,  tunnel  or  bridge  corpora- 
tion or  corporations  organized  under  the  laws  of  this  State 
or  of  this  State  and  any  other  State,  or  under  the  laws  of 
any  other  State  or  States,  whenever  the  two  or  more  rail- 
roads of  the  companies  or  corporations  so  to  be  consoli- 
dated, tunnels,  bridges  or  branches  or  any  part  thereof,  or 
the  line  or  routes  of  their  road,  if  not  constructed,  shall  or 
•  may  form  a  continuous  or  connected  line  of  railroad  with 
each  other  or  by  means  of  any  intervening  railroad  bridge, 
tunnel  or  ferry,  or  by  means  of  a  right  to  operate  cars  over 
any  Intervening  railroad  subject  to  the  jurisdiction  of  the 
public  service  commission,  second  district,  and  any  such 
consolidated  corporation  may  thereupon  construct  or  finish 
the  construction  of  such  continuous  line  of  railroad,  if  not 
previously  constructed,  and  operate  the  same,  subject  to  all 
provisions  of  law  applicable  to  such  railroad  corporations. 
Where  the  road  to  be  operated  is  in  whole  or  in  part  a  tun- 
nel or  sub-surface  road,  authorized  by  |  28  of  this  chapter. 
Its  consolidation  with  another  roaid  or  roads  under  the  pro- 
visions of  this  section  shall  not  prevent  any  connecting  rail- 
road from  having  equal  rights  of  transit  for  its  passengers 
and  freight  through  or  over  the  tunnel  or  bridge  of  any 
such  road,  upon  the  same  equitable  terms,  nor  shall  such 
consolidation  be  made  where  such  tunnel    or    sub-surface 
road  exceeds  5  miles  in  length.     [As  amended  by  Act  of 
June  28,  1911.] 


2.    Any  railroad  corporation  which,  by  consolidation  or 
merger  under  any  provision   of  law,  now  owns  or  shall 
hereafter   own   parallel   or  substantially  parallel   lines   of 
railroad  between  any  two  points  or  stations,  shall  have  the 
right,  upon  obtaining  the  consent  of  the   public   service 
commission  of  the  proper  district,  to  abandon  such  portion 
of  its   railroad  and   its   franchise  to   own,  maintain   and 
operate  the  same  on  either  of  the  said  parallel  lines,  as 
shall,  in  the  opinion  of  the  said  public  service  commission, 
be   no  longer  necessary   to  furnish   proper   and    adequate 
service  to  the  public  in  the  transportation  of  passengers 
and    freight   within    the    district    in   which   such   parallel 
lines  may  be  operated.    Such  application  for  abandonment 
shall  not  be  made  until  after  it  shall  have  been  authorized 
by  resolution  of  the  board  of  directors  of  the  corporation 
under  its  seal,   and   such   resolution   shall  have  been  sub-, 
mitted  to  the  stockholders  thereof  at  a  meeting  called  and* 
conducted  in   the   same   manner  as  required  by   §   148  of 
this  chapter.     If  the   stockholders   shall  at  such   meeting 
ratify  such  action  of  the  directors,  the  secretary  of  the 
corporation  shall  so  certify  under  the  seal  of  the  corpora- 
tion, upon  such  resolution.    If  approved  by  the  commission, 
such  approval  shall  be  indorsed  upon  such  resolution  Jind 
annexed  thereto,  and  such  resolution  shall  thereupon  be 
filed  and  recorded  in  the  office  of  the  secretary  of  State 
and  the  date  of  such  abandonment  shall  be  as  of  the  date 
of  such  filing.    The  property  of  any  person  taken,  affected 
or  damaged  by  such  abandonment  shall  be  deemed  to  be 
required    for   a   public    purpose,   and   if   such    corporation, 
before  making  application  to  the  public  service  comnis- 
sion,   shall   have  been  unable  to  agree  with   any  person 
damaged  or  claiming  to  be  damaged  as  a  result  of  such 
abandonment,  as  to  the  compensation,  if  any,  which  shojld 
justly  be  made  therefor,  such  property,  when  paid  for  by 
such  corporation  as  hereinafter  provldei^,  shall  be  deeiied 
to  have  been  taken  by  condemnation,  and  the  proceed  ng 
thereon,   as    herein   provided,    shall    be  deemed   to   b(    a 
special   proceeding,   and    subject  to   all   the   provisions   of 
the  code  of  civil  procedure  regulating  special  proceedii  gs. 
Any  such  railroad  corporation  shall  have  the  right,  wltain 
30  days  after  filing  such  resolution  and  approval,  to  m  ike 
application   by  verified  petition  to  a  special  term  of  the 
Supreme  Court  in  and  for  the  county  or  one  of  the  c{  un- 
ties in  which  the  portion  of  the  route  to  be  abando  led 
may  be  located,  for  the  appointment  of  commissioners   to 
ascertain  and  determine  the  compensation,  if  any,  wl  ich 
shall  justly  be  made  for  the  property  of  any    person    so 
taken,  affected  or  damaged,  and  such  abandonment  s  lall 
not  be  deemed  to  be  effective  against  such  person  un  ess 
and  until  said  corporation  shall  have  filed  in  the  offlci    ol 
the  clerk   of  the  county   in   which  said  application  si  all 
have     been     made    an     undertaking    in    an    amount    ap- 
proved by  the  court  that  it  will    pay    to   the    person    or 
persons   determined   to   be   damaged   by   the  abandonn  ent 
the  amounts,  if  any,  finally  awarded  to  him  or  them  in  th» 
proceedings;  notice  of  the  appointment  of  such  commission- 
ers and  of  the  time  and  place  of  their  first  meeting  s  lall 
be  published  once  a  week  for  four  successive  week?    In 
two  newspapers  published  in  said  county  or  counties,  and 
affidavits  of  such  publication  and  the  filing  of  such  uuder- 
taking   shall   be   filed   in   the   office   of   the   public   ser/ice 
commission.     If  such  corporation  shall  fail  to  file  such  pe- 
tition within  said  period  of  30  days,  any  person  or  pen  ons 
claiming  to  be  damaged  may  by  separate  petition  to  the 
court  apply  for  the  appointment  of  commissioners  to  as  cer- 
tain and  determine  the  said  compensation  with  like  e  f  ect 
as  if  such  corporation  had  filed  Us  petition.     Nothln  ;  in 
this  Act  shall  be  construed  to  impair  or  affect  the  ri?hti 
of  any  lienor  or  mortgagee  in  and  to  the  portion  of  the 
property  of  the  said  railroad  or  railroads  affected  by  said 
abandonment,    and    no    such    abandonment    shall    be    con- 
sented to  as  herein  provided  unless  such  liens  or  mortgiges 
shall  have  first  been  discharged  of  record. 

Conditions.  §  141.  Such  consolidation  shall  be  made  In 
in  the  following  manner: 

1.  Joint  agreement — Amount  of  capital  stock.  The 
directors  of  the  corporations  proposing  to  consolidate  may 
enter  Into  a  joint  agreement,  under  the  corporate  seal 
of  each  corporation,  for  the  consolidation  of  such  corpora- 
tions, and  prescribing  the  terms  and  conditions  thereof, 
the  mode  of  carrying  the  same  into  effect,  the  name  of  the 
new  corporation,  the  number  and  names  of  the  directors 
and  other  officers  thereof,  and  who  shall  be  the  first  dl- 


Public  Servick  Laws 


987 


rectors  and  officers  and  their  places  of  residence,  the  num- 
her  of  shares  of  the  capital  stock,  the  amount  or  par  value 
of  each  share,  and  the  manner  of  converting  the  capital 
stock  of  each  corporation  into  that  of  the  new  corporation, 
and  how  and  when  the  directors  and  officers  shall  be  chosen, 
with  such  other  details  as  they  shall  deem  necessary  to 
perfect  such  new  organization  and  the  consolidation  of 
such  corporations.  But  in  no  case  shall  the  capital  stock 
of  the  corporation  formed  by  such  consolidation  exceed 
the  sum  of  the  capital  stock  of  the  corporations  so  consoli- 
dated, at  the  par  value  thereof.  Nor  shall  any  bonds  or 
other  evidences  of  debt  be  issued  as  a  consideration  for,  or 
in  connection  with,  such  consolidation.  If  either  of  the  cor- 
porations so  to  be  consolidated  is  a  corporation  organized 
under  the  laws  of  any  other  State  the  joint  agreement 
herein  provided  for  may  fix  the  location  of  the  principal 
office  of  the  new  corporation  in  either  State. 

2.    Agreement  to  he  submitted  to  meeting  of  stockhold- 
ers.   If  stockholders  owning  two-thirds  of  all  the  stock  of 
each  of  such  corporations  shall  by  a  consent  in  writing, 
acknowledged  as  are  deeds  entitled  to  be  recorded  and  in- 
dorsed upon  said  lease  or  agreement,  signify  their  assent 
thereto,  it  shall  be  deemed  and  taken  as  the  adoption  of 
euch   agreement   by   and  on   behalf  of   such    corporation, 
and  the  original  or  a  certified  copy  thereof  shall  be  filed 
as  hereinafter  provided.     If  such  agreement  shall  not  be 
consented   to   in   writing  by  holders   of   two-thirds   of   the 
stock  of  either  of  such  corporations  as  hereinbefore  pro- 
vided, such   agreement  shall   be  submitted   to  the   stock- 
holders of  each  of  such  corporations  at  a  meeting  thereof 
called  separately  for  the  purpose  of  taking  the  same  into 
consideration.    Due  notice  of  the  time  and  place  of  holding 
such  meeting,  and  the  object  thereof,  shall  be  given  by 
each  corporation  to  its  stockholders  by  written  or  printed 
notices  addressed  to  each  of  the  persons  in  whose  names 
the  capital  stock  of  such  corporation  stands  on  the  books 
thereof,   and   delivered   to   such    persons    respectively,   or 
sent  to  them   by  mail,  when  their   post-office  address   is 
known  to  the  corporation,  at  least  30  days  before  the  time 
of  holding  such   meeting,   and   also   by   a   general  notice 
published  at  least  once  a  week  for  four  weeks  successively 
in  some  newspaper  printed  in  the  city,  town  or  county 
where  such  corporation  has  its  principal  office  or  place  of 
business.    At  such  meeting  of  stockholders  such  agreement 
Bhall  be  considered,  and  a  vote  by  ballot  taken  for  the 
adoption  or  rejection  of  the  same,  and  if  the  votes  of  the 
stockholders  owning  at  least  two-thirds  of  the  stock  of  each 
corporation  present  and  voting  in  person  or  by  proxy  shall 
be  for  the  adoption  of  such  agreement,  then  that  fact  shall 
be  certified   thereon   by  the  secretaries   of  the  respective 
corporations,  under  the  seal  thereof,  and  the  agreement  so 
adopted,  or  a  certified  copy  thereof,  shall  be  filed  in  the 
office  of  the  secretary  of  State,  and  in  the  office  of  the 
clerk  of  the  county  where  the  new  corporation  is  to  have 
its  principal  place  of  business,  and  shall  from  thence  be 
deemed  and  taken  to  be  the  agreement  and  act  of  con- 
solidation of  such  corporations,  and  thereafter  such  corpo- 
rations, parties  thereto,  shall  be  one  corporation  by  the 
name   provided   in  such  agreement,  but  such   act  of  con- 
solidation shall  not  release  such  new  corporation  from  any 
of  the  restrictions,  liabilities  or  duties  of  the  several  corpo- 
rations so  consolidated. 

New    corporation.     §  142.     Upon    the    consummation    of 
such  act  of   consolidation   all    the   rights,    privileges,   ex- 
emptions and  franchises  of  each  of  the  corporations,  parties 
to  the  same,  and  all  the  property,  real,  personal  and  mixed, 
and  all  the  debts  due  on  whatever  account  to  either  of 
them,  as  well  as  all  stock  subscriptions  and  other  things 
in  action  belonging  to  either  of  them,  shall  be  taken  and 
deemed  to  be  transferred  to  and  vested  in  such  new  cor- 
poration, without  further  act  or  deed;  and  all  claims,  de- 
mands, property,  rights  of  way,  and   every  other  interest 
shall  be  as  effectually  the  property  of  the  new  corporation 
as  they  were  of  the  former  corporations,  parties  to  such 
agreement  and  act;  and  the  title  to  all  real  estate,  taken 
]    by  deed  or  otherwise,  under  the  laws  of  this  State,  vested 
I    In  either  of  such  corporations,  parties  to  such  agreement 
I    and  act,  shall  not  be  deemed  to  revert  or  be  in  any  way 
I    Impaired  by  reason  of  this  Act  or  anything  done  by  virtue 
1    thereof,  but  shall  be  vested    in    the    new   corporation    by 
I    virtue  of  such  act  of  consolidation.    And  it  shall  be  law- 
I    ful  for  any  railroad  company  or  corporation,  now  or  here- 
'    after  formed  by  the  consolidation  of  one  or  more  railroad 


companies  or  corporations  organized  under  the  laws  of  this 
State,  or  under  the  laws  of  this  State  and  other  States, 
with  one  or  more  railroad  companies  or  corporations  organ- 
ized under  the  laws  of  any  other  State,  or  the  laws  of  this 
State  and  other  States,  to  issue  its  bonds  for  the  purpose  of 
paying  or  retiring  any  bonds  theretofore  issued  by  either  of 
said  companies  or  corporations  so  consolidated,  or  for  any 
purpose  and  to  the  amount  authorized  by  the  laws  of  the 
State  under  which  either  of  said  companies  or  corporations 
BO  consolidated  was  organized,  and  secure  the  same  by  a 
mortgage  upon  its  real  or  personal  property,  franchises, 
rights  and  privileges,  whether  within  or  without  this 
State,  and  subject  to  the  remedies  for  the  enforcement 
of  the  same  under  the  laws  of  either  of  said  States.  Noth- 
ing in  this  article  contained  shall  authorize  the  execution 
of  any  such  mortgage  without  the  consent  of  the  stock- 
holders as  now  required  by  the  laws  of  this  State,  nor 
compel  any  bondholder  to  accept  payment  in  whole  or  in 
part  of  any  bond  or  bonds  held  by  him  or  to  surrender  the 
same  before  they  shall  become  due. 

Creditors'  rights  not  to  be  impaired.  §  143.  The  rights 
of  all  creditors  of,  and  all  liens  upon  the  property  of,  either 
of  such  corporations,  parties  to  such  agreement  and  act, 
shall  be  preserved  unimpaired,  and  the  respective  corpo- 
rations shall  be  deemed  to  continue  in  existence  to  pre- 
serve the  same,  and  all  debts  and  liabilities  incurred  by 
either  of  such  corporations  shall  thenceforth  attach  to  such 
new  corporation,  and  be  enforced  against  It  and  Its  property 
to  the  same  extent  as  if  incurred  or  contracted  by  it.  No 
actions  or  proceedings  in  which  either  of  such  corporations 
is  a  party  shall  abate  or  be  discontinued  by  such  agree- 
ment and  act  of  consolidation,  but  may  be  conducted  to  final 
judgment  in  the  names  of  such  corporations,  or  such  new 
corporation  may  be,  by  order  of  the  court,  on  motion 
substituted  as  a  party. 

Assessment  of  property  of  new  corporation.  %  144.  The 
real  estate  of  such  new  corporation,  situate  within  this 
State,  shall  be  assessed  and  taxed  in  the  several  towns  and 
cities  where  the  same  shall  be  situated  In  like  manner  as 
the  real  estate  of  other  railroad  corporations  is  or  may 
be  taxed  and  assessed,  and  such  proportion  of  the  capital 
stock  and  personal  property  of  such  new  corporation  shall 
in  like  manner  be  assessed  and  taxed  in  this  State  as  the 
number  of  miles  of  its  railroad  situate  in  this  State  bears 
to  the  number  of  miles  of  its  railroad  situate  in  the  other 
State  or  States. 

Stocks  of  municipal  corporations,  how  represented.  S  145. 
At  any  meeting  of  the  stockholders  of  any  railroad  corpora- 
tion to  consider  any  agreement  or  proposition  to  con- 
solidate or  lease,  the  commissioners  or  other  officers  of 
any  municipal  corporation  holding  or  having  charge  of 
any  of  the  capital  stock  of  such  railroad  corporation  shall 
represent  such  municipal  corporation,  and  may  act  and 
vote  in  person  or  by  proxy  on  all  matters  relating  to  such 
consolidation  or  lease  in  the  same  manner  as  individual 
stockholders. 

Foreclosure  of  mortgages  made  by  consolidated  rail- 
roads partly  in  the  State.  §  146.  Whenever  a  railroad  cor- 
poration of  this  or  of  any  other  State  or  States,  whose  Una 
of  road  lies  partly  in  this  State  and  partly  in  another  State 
or  States,  shall  have  executed  a  mortgage  upon  its  entire 
line  of  railroad,  and  a  sale  of  the  entire  line  of  road  under 
such  mortgage  shall  have  been  or  may  hereafter  be  ordered, 
adjudged  and  decreed  by  a  court  of  competent  jurisdiction 
of  the  State  or  States,  or  by  a  court  of  the  United  States 
sitting  within  the  State  or  States  in  which  the  greater  part 
of  such  line  of  railroad  may  be  situated,  upon  the  confirma- 
tion of  such  judgment  or  decree,  and  of  the  sale  made 
thereunder,  by  the  Supreme  Court  of  this  State  or  by  the 
Circuit  Court  of  the  United  States  in  the  judicial  district 
in  which  some  part  of  such  line  of  road  is  situated,  such 
sale  shall  operate  to  pass  title  to  the  purchaser  of 
that  part  of  the  line  of  railroad  lying  in  this  State, 
together  with  its  appurtenances  and  franchises,  with  the 
same  force  and  effect  as  if  the  judgment  or  decree  under 
which  such  sale  is  had  had  been  made  by  a  court  of 
competent  jurisdiction  of  this  State.  Such  judgment  or 
decree  and  sale  may  be  so  ordered,  adjudged,  decreed  or 
confirmed  in  any  action  or  proceeding  heretofore  or  here- 
after brought  in  the  Supreme  Court,  or  in  a  court  of  the 
United  States  sitting  in  this  State,  for  the  foreclosure  of 
such  mortgage,  or  in  aid  of  an  action  for  that  purpose  In 
such  other  State  or  States,  if  it  shall  appear  that  such 


y88 


National  Association  of  Eailway  Commissioners 


confirmation  is  for  the  interest  of  the  public  and  of  the 
parties,  due  and  lawful  provision  being  made  for  and  in 
respect  of  any  liens  upon  that  part  of  the  line  of  road 
or  other  property  sold  situate  in  this  State,  and  for  such 
costs,  expenses  and  charges  as  may  appear  to  be  just  and 
lawful.  If  a  receiver  of  the  entire  line  of  such  railroad 
shall  have  been  or  may  hereafter  be  appointed  by  such 
court  of  competent  jurisdiction  of  the  State  in  which  the 
greater  part  of  the  line  of  railroad  is  situated,  or  by  the 
court  of  the  United  States  sitting  in  such  other  State, 
such  receiver  may  perform,  within  this  State,  the  duties  of 
his  oflBce  not  inconsistent  with  the  laws  of  this  State, 
and  may  sue  and  be  sued  in  the  courts  of  this  State. 

Powers  of  corporations  organized  to  acquire  and  operate 
railroads  partly  in  the  State.  §  147.  A  railroad  corpora- 
tion created  under  the  laws  of  the  State  or  States  in  which 
the  greater  part  of  the  line  of  its  railroad  may  be  situated, 
or  a  railroad  corporation  created  under  this  chapter  or 
under  article  two  of  the  stock  corporation  law  in  this  State, 
for  the  purpose  of  taking  title  to,  and  operating,  the  line 
of  road  as  so  sold,  under  a  judgment  or  decree  of  a  court 
of  this  State,  or  of  a  court  of  the  United  States  sitting  in 
this  State,  for  the  foreclosure  of  a  mortgage,  with  its  fran- 
chises and  appurtenances,  may  hold,  possess  and  operate 
not  only  those  parts  of  the  railroad  lying  in  other  States, 
but  also  that  part  of  the  line  of  such  railroad  lying  in  this 
State,  and  shall  be  subject  to  the  duties  and  liabilities 
to  which  such  corporation  was,  by  the  laws  of  this  State, 
subject,  and  to  such  further  or  other  duties  and  liabilities 
as  are  now  or  may  hereafter  be  imposed  by  law  upon 
railroad  corporations  of  this  State,  and  the  provisions  of 
the  stock  corporation  law  concerning  reorganization  of  cor- 
porations shall  apply  to,  and  in  respect  of,  every  such  suc- 
cessor railroad  corporation.  An  exemplified  copy  of  the 
certificate  or  certificates  of  incorporation,  under  and  by 
virtue  of  which  any  such  corporation  is  created  in  any  other 
State,  and  a  certified  copy  of  the  judgment  or  decree  of 
any  court  sitting  in  any  other  State,  under  which  said 
railroad  shall  have  been  sold,  and  a  certified  copy  of  the 
order  or  judgment  or  decree  of  confirmation  and  approval 
required  by  the  preceding  section,  or  of  the  order,  judg- 
ment or  decree  of  the  court  of  this  State,  or  of  the  United 
States  in  this  State,  which  decreed  the  sale,  confirming  the 
same,  shall  be  filed  in  the  office  of  the  secretary  of  State 
for  this  State,  and  in  the  office  of  the  county  clerk  of  the 
county  where  its  principal  business  office  in  this  State  is 
or   shall   be   located. 

This  section  and  the  preceding  one  shall  apply  in  respect 
of  decrees,  foreclosure,  sales,  confirmations,  reorganiza- 
tions and  incorporations,  whether  heretofore  or  hereafter 
made,  provided,  however,  that  nothing  in  either  of  said 
sections  shall  affect  any  action  or  proceeding  pending 
in  any  court,  on  or  before  the  first  day  of  April,  1896,  to 
establish  the  invalidity  of  any  foreclosure  or  reorganiza- 
tion theretofore  had,  or  to  enforce  any  judgment  or  claim 
arising  before  such  foreclosure  or  reorganization. 

Lease  of  road.  §  148.  Subject  to  the  permission  and 
approval  of  the  public  service  commission,  any  railroad 
corporation  or  any  corporation  owning  or  operating  any 
railroad  or  railroad  route  within  this  State  may  contract 
with  any  other  such  corporation  for  the  use  of  their  re- 
spective roads  or  routes,  or  any  part  thereof,  and  thereafter 
use  the  same  in  such  manner  and  for  such  time  as  may  be 
prescribed  in  such  contract.  Such  contract  may  provide 
for  the  exchange  or  guaranty  of  the  stock  and  bonds  of 
either  of  such  corporations  by  the  other  and  shall  be  exe- 
cuted by  the  contracting  corporations  under  the  corporate 
seal  of  each  corporation,  and  if  such  contract  shall  be  a 
lease  of  any  such  road  and  for  a  longer  period  than  one 
year,  such  contract  shall  not  be  binding  or  valid  unless 
approved  by  the  votes  of  stockholders  owning  at  least 
two-thirds  of  the  stock  of  each  corporation  which  is  rep- 
resented and  voted  upon  in  person  or  by  proxy  at  an  annual 
meeting  of  the  stockholders  for  the  purpose  of  electing 
directors,  called  in  the  manner  prescribed  by  law,  provided 
that  the  notice  of  such  meeting  shall  state  that  one  of  the 
purposes  thereof  will  be  the  approval  of  such  lease,  or  at 
a  meeting  called  separately  for  that  purpose  upon  a  notice 
stating  the  time,  place  and  object  of  the  meeting,  served 
at  least  30  days  previously  upon  each  stockholder  per- 
sonally, or  mailed  to  him  at  his  postoffice  address  and  also 
published  at  least  once  a  week,  for  four  weeks  successively, 
In  some  newspaper  printed  in  the  city,  town  or  county 


where  such  corporation  has  its  principal  ofllce,  and  there 
shall  be  indorsed  upon  the  contract  the  certificate  of  the 
secretaries  of  the  respective  corporations  under  the  sales 
thereof,  to  the  effect  that  the  same  has  been  approved  by 
such  votes  of  the  stockholders,  and  the  contract  shall  be 
executed  in  duplicate  and  filed  in  the  offices  where  the  cer- 
tificates of  incorporation  of  the  contracting  corporations 
are  filed.  The  road  of  a  corporation  can  not  be  used  under 
any  such  contract  in  a  manner  inconsistent  with  the  pro- 
visions of  law  applicable  to  its  use  by  the  corporation 
owning  the  same  at  the  time  of  the  execution  of  the  con- 
tract. Such  contracts  shall  be  executed  by  the  corporations, 
parties  thereto,  and  proved  and  acknowledged  in  such  man- 
ner as  to  entitle  the  same  to  be  recorded  in  the  office  of 
the  clerk  or  register  of  each  county  through  or  into  which 
the  road  so  to  be  used  shall  run.  It  any  contract  so  re- 
corded shall  be  or  has  been  terminated  by  the  contracting 
corporations  in  pursuance  of  resolutions  of  their  respective 
boards  of  directors  prior  to  the  time  specified  in  such  con- 
tract for  the  termination  thereof,  then  the  contracting 
corporations  shall  execute,  acknowledge  and  procure  to  be 
recorded  in  each  office  where  such  contract  is  recorded  a 
certificate  to  the  effect  that  such  contract  has  been  termi- 
nated, stating  the  date  of  the  termination  thereof,  and  said 
certificates  so  recorded  shall  be  presumptive  evidence  of  the 
termination  of  such  contract  accordingly.  Nothing  In 
this  section  shall  apply  to  any  lease  In  existence  prior  • 
to  May  1,  1891. 

Lessees  of  railroad  may  acquire  stock  therein.  §  1 
Subject  to  the  permission  and  approval  of  the  public  t 
vice  commission,  any  railroad  corporation  created  by 
laws  of  this  State,  or  its  successors,  being  the  lessee 
the  road  of  any  other  railroad  corporation,  may  takt 
surrender  or  transfer  of  the  capital  stock  of  the  sto 
holders,  or  any  of  them,  in  the  corporation  whose  road 
held  under  lease,  and  issue  in  exchange  therefor  the  1 
additional  amount  of  its  own  capital  stock  at  par  or 
such  other  terms  and  conditions  as  may  be  agreed  ui 
between  the  two  corporations;  and  whenever  the  grea 
part  of  the  capital  stock  of  any  such  corporation  shall  hi 
been  so  surrendered  or  transferred,  the  directors  of  ' 
corporation  taking  such  surrender  or  transfer  shall  the 
after,  on  a  resolution  electing  so  to  do,  to  be  entered 
their  minutes,  become  ex  officio  the  directors  of  the  c 
poration  whose  road  is  so  held  under  lease,  and  sb 
manage  and  conduct  the  affairs  thereof,  as  provided  by  la 
and  whenever  the  whole  of  such  capital  stock  shall  hi 
been  so  surrendered  or  transferred  and  a  certificate  ther 
filed  in  the  office  of  the  secretary  of  State,  under  the  c( 
mon  seal  of  the  corporation  to  whom  such  surrender 
transfer  shall  have  been  made,  the  estate,  property,  rigl 
privileges  and  franchises  of  the  corporation  whose  st( 
shall  have  been  so  surrendered  or  transferred,  shall  the 
upon  vest  in  and  be  held  and  enjoyed  by  the  corporat 
to  whom  such  surrender  or  transfer  shall  have  been  ma 
as  fully  and  entirely,  and  without  change  or  diminution, 
the  same  were  before  held  and  enjoyed,  and  be  manaj 
and  controlled  by  the  board  of  directors  of  the  corporatl 
to  whom  such  surrender  or  transfer  of  such  stock  sh 
have  been  made,  and  in  the  corporate  name  of  such  c 
poration.  Where  stock  shall  have  been  so  surrendei 
or  transferred,  the  existing  liabilities  of  the  corporatl 
and  the  rights  of  the  creditors  and  of  any  stockhoh 
not  surrendering  or  transferring  his  stock,  shall  not 
affected  thereby. 

Consolidation  and  lease  of  parallel  lines  prohibHed. 
§  150.  No  railroad  corporation  or  corporations  owning  or 
operating  railroads  whose  roads  run  on  parallel  or  c(  m- 
petlng  lines,  except  street  surface  railroad  corporations, 
shall  merge  or  consolidate,  or  enter  into  any  contract  tor 
the  use  of  their  respective  roads,  or  lease  the  same, 
one  to  the  other,  unless  the  public  service  commisa 
shall  consent  thereto.  ' 

Mortgagee  may  purchase  at  foreclosure  sale.  §  1 
Any  mortgagee  of  the  property  and  franchises  of  i.ny 
railroad  corporation  may  become  the  purchaser  of  the  same 
at  any  sale  thereof  under  the  mortgage,  upon  foreclosire 
by  advertisement,  or  under  a  judgment,  or  decree,  or  other- 
wise, and  hold  and  use  the  same,  with  all  the  rights  and 
privileges  belonging  thereto  or  connected  therewith,  for 
the  period  of  six  months,  and  convey  the  same  to  any 
railroad  corporation. 

Certificates  of  stock  may  be  issued  after  foreclosure  in 


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Public  Service  Laws 


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certain  cases.  §  152.  If  any  person  or  corporation  shall 
be  entitled  to  certificates  of  stock  subscribed  to  and  paid  for 
in  any  railroad  corporation  whose  property  and  franchises 
have  been  sold  under  mortgage  foreclosure,  and  such  certifi- 
cates have  not  been  issued  before  foreclosure,  the  ofilcers  of 
the  corporation  shall,  at  any  time  within  six  months  after 
the  foreclosure  sale,  issue  and  deliver  to  the  person  or 
corporation  entitled  thereto,  upon  demand,  such  certificates 
of  stock,  which  shall  have  all  the  force  and  effect  and 
confer  upon  the  holder  all  the  rights  which  he  would  have 
had  if  such  certificates  of  stock  had  been  issued  at  the 
time  of  the  payment  of  the  subscription  thereto. 

Liaiilities  of  reorganized  railroad  corporations.  §  153. 
A  railroad  corporation,  reorganized  under  the  provisions  of 
law  relating  to  the  formation  of  new  or  reorganized  cor- 
porations upon  the  sale  of  their  property  or  franchise, 
shall  not  be  compelled  or  required  to  extend  its  road  beyond 
the  portion  thereof  constructed,  at  the  time  the  new  or 
reorganized  corporation  acquired  title  to  such  railroad 
property  and  franchise,  provided  the  public  service  com- 
mission shall  certify  that  in  its  opinion  the  public  interests 
under  all  the  circumstances  do  not  require  such  extension. 
If  such  commission  shall  so  certify  and  shall  file  in  its 
oflSce  such  certificate,  which  certificate  shall  be  irreversible 
by  such  commission,  such  corporation  shall  not  be  deemed 
to  have  incurred  any  obligation  so  to  extend  its  road  and 
such  certificate  shall  be  a  bar  to  any  proceedings  to  compel 
It  to  make  such  extension  or  to  annul  Its  existence  for 
failure  so  to  do,  and  shall  be  final  and  conclusive  in  all 
courts  and  proceedings  whatever.  This  section  shall  not 
authorize  the  abandonment  of  any  portion  of  a  railroad 
which  had  been  constructed  and  operated  prior  to  May  1, 
1891,  nor  apply  to  Kings  county. 

Foreign  railroads.  §  154.  All  the  provisions  contained 
in  the  several  sections  of  this  chapter  shall  extend,  apply 
to  and  cover  the  consolidation,  lease,  sale  or  reorganization 
of  any  railroaa  or  other  corporation  heretofore  or  here- 
after organized,  under  the  laws  of  this  State,  and  any  other 
State  or  country,  to  build,  lease,  buy,  sell,  maintain  or 
operate  any  of  the  lines  or  routes  of  railroads,  tunnels, 
bridges,  ferries  or  bra-nches  or  any  part  thereof,  mentioned 
In  this  article,  and  any  similar  lines  or  routes  of  railroad, 
tunnels,  bridges,  ferries  or  any  part  thereof,  constructed 
or  to  be  located  and  constructed  in  any  foreign  country. 

Consolidation  of  domestic  and  foreign  railroads.  §  155. 
The  consolidation  of  a  domestic  railroad  corporation  wfth 
a  foreign  railroad  corporation,  effected  prior  to  March  IT), 
1903,  shall  not  be  deemed  invalid  because  such  roads  at 
the  time  of  the  consolidation  did  not  form  a  connected 
and  continuous  line,  if,  when  the  consolidation  was  effected, 
or  thereafter,  an  intermediate  line,  by  purchase  or  by  a 
lease  of  less  than  99  years,  became,  with  the  consolidated 
roads,  a  continuous  and  connecting  line  of  railroad. 

ARTICLE  6. 

STREET   SURFACE   BAILROADS. 

i  170.    Street  surface  railroads — General  provisions. 

S  171.  Consent  of  property  owners  and  local  author- 
ities. 

5  172.    Consent  of  local  authorities — How  procured. 

§  173.  Condition  upon  which  consent  shall  be  given — 
Sale  of  franchise  at  public  auction. 

I  174.    Proceedings  if  property  owners  do  not  consent. 

§  175.  Percentage  of  gross  receipts  to  be  paid  in  cities 
or  villages — Report  of  officers. 

§  176.  Extension  of  route  over  rivers — Terminus  in 
other  counties — When  property  owners  with- 
hold consent — Supreme  Court  may  appoint  com- 
missioners. 

§  177.    Use  of  tracks  of  other  roads. 

§  178.  Repair  of  streets— Rate  of  speed — Removal  of 
ice  and  snow. 

S  179.    Within  what  time  road  to  be  built. 

j  180.     Motive   power. 

S  181.     Rate  of  fare. 

§  182.     Collection  of  fare. 

S  183.  Construction  of  road  in  street  where  other  road 
is  built. 

§  184.     Abandonment  of  part  of  route. 

§  185.     Effect  of  dissolution  of  charter  as  to  consents. 

§  186.  Corporate  rights  saved  in  case  of  failure  to  com 
plete  road — Right  to  operate  branches — Condi- 
tions— Former  consents  ratified — Limitations. 


§  187.    Extensions  and  franchises  confirmed. 

§  188.    Certain  consents  of  local  authorities  confirmed. 

§  189.     Time  extended  for  payment  of  percentage  based 

on  gross  receipts.' 
§  190.    When  sand  and  salt  may  be  used  on  tracks. 
§  191.    Road  not  to  be  constructed  upon  ground  occu- 
pied by  public  buildings  or  in  public  parks. 
§  192.    Center-bearing  rails  prohibited. 
I  193.    Right  to  cross  bridge  substituted  for  a  bridge 

crossed  for  five  years. 
§  194.    Protection  of  employes. 
§  195.     Platforms   on   new  cars,   how  constructed. 
§  196.     Protection  to  employes  in  the  counties  of  Albany 

and  Rensselaer. 
§  197.     Protection  of  employes  in  the  counties  of  Kings 

and  Queens. 
§  198.    Contracts  for  the  adjustment  of  payments  due 

cities  of  the  first  class. 
§  199.    Sale  of  unclaimed  property. 
§  200.     Disposition  of  proceeds. 
§  201.     Construction  of  park  railroads  In  cities  having 

a  population  of  1,500,000  or  upwards. 
§  202.     Consents  of  property  owners. 
§  203.     Expense  of  construction  and  operation. 
§  204.    Agreements  for  payment  of  cost  of  construction 

by  instalments. 
§  205.    Disposition  of  income. 
§  206.     Motive  power. 
§  207.     Railroads  in  parks  in  New  York  City,  by  whom 

constructed. 
§  208.     Issue  of  bonds  by  comptroller. 
§  209.    Change  of  motive  power  authorized. 

Street  surface  railroads — General  provisions.  §  170  [as 
amended  by  Act  of  June  23,  1911].  The  provisions  of  this 
article  shall  apply  to  every  corporation  which,  under  the 
provisions  thereof,  or  of  any  other  law,  has  constructed  or 
shall  construct  or  operate,  or  has  been  or  shall  be  organized 
to  construct  or  operate,  a  street  surface  railroad,  or  any 
extension  or  extensions,  branch  or  branches  thereof,  for 
public  use  in  the  conveyance  of  persons  and  property  for" 
compensation,  upon  and  along  any  street,  avenue,  road, 
highway  or  private  property,  in  any  city,  town  or  village, 
or  In  any  two  or  more  civil  divisions  of  the  State,  and  every 
such  corporation  must  comply  with  the  provisions  of  this 
article.  Any  street  surface  railroad  corporation,  at  any 
time  proposing  to  extend  its  road  or  to  construct  branches 
thereof,  may,  from  time  to  time,  make  and  file  in  each  of 
the  offices  in  which  its  certificate  of  incorporation  is  filed,  a 
statement  of  the  name  and  description  of  the  streets,  roads, 
avenues,  highways  and  private  property  in  or  upon  which 
it  is  proposed  to  construct,  maintain  or  operate  such  exten- 
sions or  branches.  Upon  filing  any  such  statement  and  upon 
complying  with  the  conditions  set  forth  in  §  171  of  this 
chapter,  every  such  corporation  shall  have  the  power  and 
privilege  to  construct,  extend,  operate  and  maintain  such 
road,  extensions  or  branches,  upon  and  along  the  streets, 
avenues,  roads,  highways  and  private  property  named  and 
described  in  its  certificate  of  incorporation  or  in  such  state- 
ment. Every  such  corporation,  before  constructing  any 
part  of  its  road  upon  or  through  any  private  property  de- 
scribed in  Its  articles  of  association  or  certificate  of  incor- 
poration or  statement,  and  before  Instituting  any  proceed- 
ing for  the  condemnation  of  any  real  property,  shall  make 
a  map  and  profile  of  the  route  adopted  by  It  upon  or  through 
any  private  property,  which  map  and  profile  shall  be  certi- 
fied by  the  president  and  engineer  of  the  company,  or  a  ma- 
jority of  Its  directors,  and  shall  be  filed  in  the  office  of  the 
clerk  of  the  county  in  which  the  road  is  to  be  constructed, 
and  all  provisions  of  §  16  of  this  chapter  so  far  as  applicable 
shall  apply  to  the  route  so  located.  If  any  such  street  surface 
railroad  company  is  unable  to  agree  for  the  purchase  of  any 
such  real  property,  or  of  any  right  or  easement  therein  re- 
quired for  the  purpose  of  its  railroad,  or  if  the  owner  thereof 
shall  be  incapable  of  selling  the  same,  or  if,  after  diligent 
search  and  inquiry,  the  name  and  residence  of  such  owner 
cannot  be  ascertained,  it  shall  have  the  right  to  acquire 
title  thereto  by  condemnation  in  the  manner  and  by  the 
proceedings  provided  by  the  condemnation  law.  Nothing 
in  this  section  shall  be  deemed  to  authorize  a  street  rail- 
road corporation  whose  railroad  is  mainly  upon,  along, 
above  or  below  streets  and  highways  to  acquire  real  prop- 
erty within  a  city  by  condemnation,  but  nothing  in  this 
section  shall  apply  to  or  affect  rapid  transit  railways  con- 


990 


National  Association  of  Railway  Commissioners 


Btructed,  maintained  or  operated  under  any  rapid  transit 
Act. 

Consent  of  property  owners  and  local  authorities.  §  171. 
A  street  surface  railroad,  or  extensions  or  branclies  thereof, 
shall  not  be  built,  extended  or  operated  unless  the  consent 
In  writing,  acknowledged  or  proved  as  are  deeds  entitled  to 
be  recorded,  of  the  owners  in  cities  and  villages  of  one-half 
in  value,  and  in  towns,  not  within  the  corporate  limits  of 
a  city  or  village,  of  the  owners  of  two-thirds  in  value,  of 
the  property  bounded  on,  and  also  the  consent  of  the  local 
authorities  having  control  of  that  portion  of  a  street  or 
highway  upon  which  it  is  proposed  to  build  or  operate 
such  railroad,  extension  or  branch,  shall  have  been  first 
obtained.  Such  consents  of  property  owners  in  the  county 
of  Kings  which  shall  be  hereafter  executed  may  be  for- 
feited unless  within  60  days  after  the  execution  thereof, 
the  same  shall  be  recorded  in  the  oflSce  of  the  register 
of  such  county.  Such  register  is  hereby  directed  upon  the 
payment  of  the  proper  fees  to  record  all  consents  left  with 
him  for  that  purpose  In  books  to  be  provided  by  him  and 
paid  for  out  of  the  funds  provided  to  meet  the  expenses 
of  said  oflice.  Such  books  shall  be  indexed  according  to 
the  names  of  the  consenting  property  owners  and  also  ac- 
cording to  the  names  of  the  streets,  roads  or  other  high- 
ways upon  which  the  property  to  which  the  consent  relates 
shall  be  bounded.  In  case  the  recording  of  such  consents 
shall  be  hindered,  delayed  or  prevented  by  legal  proceedings 
in  any  court  or  from  any  other  or  different  cause  not  within 
the  control  of  the  corporation  upon  which  such  requirement 
Is  Imposed,  the  time  for  the  performance  of  such  act  is 
hereby  and  shall  be  deemed  to  be  extended  for  the  period 
covered  by  such  hindrance,  delay  or  prevention.  The  con- 
sents of  property  owners  in  one  city,  village  or  town,  or 
In  any  other  civil  division  of  the  State,  shall  not  be  of  any 
effect  in  any  other  city,  village  or  town  or  other  civil 
divisions  of  the  State.  Consents  of  property  owners  here- 
tofore obtained  to  the  building,  extending,  operating  or 
change  of  motive  power  shall  be  effectual  for  the  purposes 
herein  mentioned  and  may  be  deemed  to  be  suflSciently 
proved  and  shall  be  entitled  to  be  recorded,  wherever  such 
•  consents  shall  have  been  signed,  executed  or  acknowledged 
before  an  officer  authorized  by  law  to  take  acknowledg- 
ments of  deeds,  or  before  or  in  the  presence  of  a  sub- 
scribing witness,  and  without  regard  to  whether  or  not 
the  subscribing  witness  shall  have  affixed  his  signature  in 
the  presence  of  the  subscriber,  provided  that  the  proof  of 
such  signing,  execution  or  acknowledgment  shall  have  been 
made  by  such  subscribing  witness  In  the  manner  prescribed 
by  §  304  of  the  real  property  law.  In  cities  the  common 
council,  acting  subject  to  the  power  now  possessed  by  the 
mayor  to  veto  ordinances;  in  villages  the  board  of  trustees; 
and  in  towns  the  superintendent  of  highways  and  the  town 
board  shall  be  the  local  authorities  referred  to,  except  that 
in  villages  where  the  control  of  the  streets  is  vested  In 
any  other  board  or  authorities,  such  other  board  or  author- 
ities shall  be  the  local  authorities  referred  to,  and  the 
consent  of  such  other  board  or  authorities  hereafter  or 
heretofore  obtained  shall  be  sufficient;  if  in  any  city  or 
county  the  exclusive  control  of  any  street,  avenue  or  other 
property  which  is  to  be  used  or  occupied  by  any  such 
railroad,  extension  or  branch,  is  vested  in  any  other 
authority,  the  consent  of  such  authority  shall  also  be  first 
obtained.  The  value  of  the  property  above  specified  shall 
be  ascertained  and  determined  by  the  assessment-roll  of 
the  city,  village  or  town  in  which  it  is  situated,  completed 
last  before  the  local  authorities  shall  have  given  their 
consent,  except  property  owned  by  such  city,  village  or 
town,  or  by  the  State  of  New  York,  or  the  United  States  of 
America,  the  value  of  which  shall  be  ascertained  and  deter- 
mined by  making  the  value  thereof  to  be  the  same  as  is 
shown  by  such  assessment-roll  to  be  the  value  of  the 
equivalent  in  size  and  frontage  of  the  adjacent  property  on 
the  same  street  or  highway;  and  the  consent  of  the  local 
authorities  shall  operate  as  consent  of  such  city,  village  or 
town  as  the  owners  of  such  property.  Whenever  heretofore 
or  hereafter  a  railroad  has  been  or  shall  be  constructed  and 
put  in  operation  for  one  year  or  the  motive  power  thereof 
has  been  or  shall  be  changed  and  put  In  operation  for  a 
similar  length  of  time,  such  facts  shall  be  presumptive 
evidence  that  the  requisite  consents  of  local  authorities, 
property  owners  and  other  authority  to  the  construction, 
maintenance  and  operation  of  such  railroad  or  change  of 
motive  power  have  been  duly  obtained.  No  consent  of 
local  authorities  given  prior  to  May  2,  1901,  shall  be  deemed 


invalid  because  of  any  portion  of  the  road  or  route  con- 
sented to  not  being  connected  with  an  existing  road  or 
route  of  the  corporation  obtaining  or  acquiring  such  con- 
sent and  all  statements  of  extension  filed  under  §  170  of 
this  article  in  reference  to  the  route  or  part  thereof  de- 
scribed in  any  consent  of  local  authorities  are  hereby 
ratified  and  confirmed,  whether  the  same  were  filed  before 
or  after  the  obtaining  or  acquiring  of  such  consents,  pro- 
vided, however,  that  nothing  herein  contained  shall  be  con- 
strued to  affect  any  portion  of  a  street  surface  railroad 
which  Is  now  in  or  upon  any  portion  of  a  street  which  Is 
under  the  jurisdiction  of  a  park  department  In  any  city  con- 
taining a  population  of  over  1,200,000  inhabitants. 

Consent  of  local  authorities — How  procured.  §  172.  The 
application  for  the  consent  of  the  local  authorities  shall  be 
in  writing  and  before  acting  thereon  such  authorities  shall 
give  public  notice  thereof  and  of  the  time  and  place 
when  it  will  first  be  considered,  which  notice  shall  be  pub- 
lished daily  in  any  city  for  at  least  14  days  in  two  of  its 
daily  newspapers  if  there  be  two,  if  not,  in  one,  to  be 
designated  by  the  mayor,  and  in  any  village  or  town  for 
at  least  fourteen  days  in  a  newspaper  published  therein, 
if  any  there  shall  be,  and  if  none,  then  daily  in  two  daily 
newspapers  if  there  be  two,  if  not,  one  published  in  tie 
city  nearest  such  village  or  town.  Such  consent  must  oe 
upon  the  expressed  condition  that  the  provisions  of  this 
article  pertinent  thereto  shall  be  complied  with,  and  shall 
be  filed  in  the  office  of  the  clerk  of  the  county  In  which 
such  railroad  is  located.  Whenever  the  consent  of  tie 
common  council  of  a  city  is  applied  for,  the  first  con- 
sideration, of  which  notice  is  hereby  required,  may  be  by 
committee  of  such  common  council.  Any  such  notice, 
publication  or  consideration  heretofore  or  hereafter  given, 
made  or  had  in  substantial  conformity  with  the  requiie- 
ments  of  this  section.  Is  and  shall  be  sufficient  notU^ 
publication  and  consideration  for  all  the  purposes  herejf 
notwithstanding  any  conflicting  provision  of  any  local  ir 
special  Act  or  charter. 

Condition  upon  which  consent  shall  be  given — Sale  j/ 
franchise  at  public  auction.  §173.  The  consent  of  tie 
local  authorities  in  any  city  of  the.  first  class  must  coa- 
tain  the  condition  that  the  right,  franchise  and  pri-  i- 
lege  of  using  any  street,  road,  highway,  avenue,  pa:  k 
or  public  place  shall  be  sold  at  public  auction  to  t.e 
bidder  who  will  agree  to  give  the  city  the  largest  percei  t- 
a^e  per  annum  of  the  gross  receipts  of  such  corporation, 
with  a  bond  or  undertaking  in  such  form  and  amou  it 
and  with  such  conditions  and  sureties  as  may  be  j  e- 
quired  and  approved  by  the  comptroller  or  other  chiaf 
fiscal  officer  of  the  city,  for  the  fulfillment  of  such  agr(  e- 
ment  and  for  the  commencement  and  completion  of  i.s 
railroad  within  the  time  designated  by  law  and  for  t  e 
performance  of  such  additional  conditions  as  the  local 
authorities  in  their  discretion  may  prescribe.  Whenev  ;r 
such  consent  shall  provide  for  the  sale  at  public  auction 
of  the  right  to  construct  and  operate  a  branch  or  (x- 
tenslon  of  an  existing  railroad,  such  consent  shall  pio- 
vide  that  but  one  fare  shall  be  exacted  for  passage  ovjr 
such  branch  or  extension  and  over  the  line  of  roid 
which  shall  have  applied  therefor;  and  further,  that  If 
such  right  shall  be  purchased  by  any  corporation  other 
than  the  applicant,  the  gross  receipts  from  joint  business 
shall  be  divided  In  the  proportion  that  the  length  of 
such  extension  or  branch  so  sold  shall  bear  to  the  entire 
length  of  the  road  whether  owned  or  leased  which  shall 
have  applied  therefor  and  of  such  branch  or  extensi(  n, 
and  that  if  such  right  shall  be  purchased  by  the  apiU- 
cant,  the  percentage  to  be  paid  shall  be  calculatad 
on  such  portion  of  Its  gross  receipts  as  shall  bear  tae 
same  proportion  to  the  whole  value  thereof  as  the  length, 
of  such  extension  or  branch  shall  bear  to  the  entire* 
length  of  its  road,  whether  owned  or  leased.  Ta« 
bidder  to  which  such  right,  franchise  and  privilege  may 
be  sold  must  be  a  duly  incorporated  railroad  corporation 
of  this  State,  organized  to  construct,  maintain  and  opsr- 
ate  a  street  railroad  in  the  city  for  which  such  consent 
may  be  given;  but  no  such  corporation  shall  be  entitled 
to  bid  at  such  sale  unless  at  least  five  days  prior  to 
the  day  fixed  for  such  sale,  or  five  days  prior  to  the  day 
to  which  such  sale  shall  have  been  duly  adjourned,  the 
corporation  shall  have  filed  with  the  comptroller  or  other 
chief  fiscal  officer  of  the  city  a  bond  in  writing  and 
under  seal,  with  sufficient  sureties,  to  be  approved  by 
such    comptroller    or    officer,    conditioned    that    If    such 


Public  Service  Laws 


991 


right,  franchise  and  privilege  shall  be  sold  to  such  corpo- 
ration,  to   pay   to   the   city  where   such  railroad  is   situ- 
ated the  sum  of  $50,000  as  liquidated  damages  and  not 
by   way   of   penalty   in   the    event  of  the   failure   of   such 
bidder    to    fulfill    the    terms    of    sale,    comply    with    the 
provisions  of  this  article  pertinent  thereto,  and  complete 
and   operate    its   railroad   according  to   the   plan   or   plans 
and   upon   the   route   or   routes   fixed   for   its  construction 
within   the   time   hereinafter   designated   for  the  construc- 
tion and  completion  of  its  railroad,  and  also  conditioned 
to  pay  to  the  corporation   first  applying  for  the  consent, 
If   it   shall   not   be   the   successful   bidder,   the   necessary 
expenses    incurred    by    such    corporation    prior    to    the 
Bale   pursuant   to   the    requirements   and   direction   of   the 
local    authorities,    within    20    days    after    such    sale    and 
upon    the    certificate    of   the    comptroller   or    other   officer 
conducting  the  same  as  to  the  sum  or  amount  to  be  paid. 
Notice  of  the  time,  place  and  terms  of  sale,  and  of  the 
route    or    routes    to    be    sold,    and    the    conditions    upon 
which    the    consent   of   the    local    authorities   to   the    con- 
struction, operation  and  extension  of  such  street  railroad 
will   be   given,   must   be   published   by   such   local   author- 
ities for  at  least  three  successive  weeks,  at  least  three 
times    a    week    in    two    daily    newspapers   of   the    city    to 
be   designated   by  the   mayor.     The   comptroller  or   other 
chief  fiscal  officer  of  the  city  shall  attend  and   conduct 
such  sale  and  may  adjourn  the  same  from  time  to  time, 
but    not    more    than    four    weeks    in    all,    unless    further 
adjournments   should,   in   his   discretion,   be   necessary   by 
reason   of   the   pendency   of   legal    proceedings,   and    shall 
cancel  any  bid  if  in  excess  of  the  gross  receipts,  leaving 
in   force   the  highest  bid  not  in  excess,   or   If  the  bidder 
shall  not  have  furnished  adequate  security  entitling  such 
bidder  to  bid,  or  shall  otherwise  fail  to  comply  with  the 
terms  and  conditions  of  sale,  and  shall  resell  the  consent 
and  license  in  the  same  manner  as  hereinbefore  provided 
for  the  first  sale.     The  bidder  who  may  build  and  operate 
such   railroad  shall  at  all  times  keep  accurate   books  of 
account   of   the   business    and    earnings    of   such   railroad, 
which   books  shall  at  all  times  be  subject  to  the  inspec- 
tion of  the  local  authorities.    In  the  event  of  the  failure 
or    refusal    of    the    corporation    operating    or    using    such 
railroad   to   pay   the   rental   or  percentage  of   gross  earn- 
ings  agreed  upon,  and   after  notice  of  not  less  than  60 
days    to    pay    the    same,    the    local    authorities    interested 
therein    may    apply    to    any    court    having    jurisdiction 
upon   at  least   20   days'   notice   to   such   corporation,   and 
after  it  shall  have  had  an  opportunity  to  be  heard  in  its 
defense,    for   judgment   declaring   the    consent   and   right 
to  operate  and  use  such  railroad  forfeited  and  authoriz- 
ing  the    sale   again   of   the    same   in    the    manner   herein- 
before   prescribed,    provided,    however,    that   no    such    re- 
sale   of   any    such    consent   and   right   heretofore    granted 
shall   be   authorized   except   upon   the    condition   that  the 
same   shall  be  subject  to  all  liens  and  incumbrances  ex- 
isting  on   said   railroad   at   the   time   such   forfeiture   may 
have  been  declared.    All  consents  hereafter  given  by  the 
local    authorities,    unless    it    be    otherwise    provided    in 
such    consent   or   in    some    renewal    thereof,    may   be   for- 
feited   at   the   expiration   of  two   years    thereafter.      The 
board    of   sinking   fund    commissioners   of   any   city   shall 
have    power    to    reduce,    compromise    or    release    any    ob- 
ligation or  liability  to  the  mayor,  aldermen  and  common- 
alty   of    such    city    under    the    provisions   of    chapter    642 
of  the  laws  of  1886,  or  of  this  chapter,  whenever,  in  the 
opinion  of  such  board,   such  release  or  compromise  shall 
be  just  or  equitable,  or  for  the  public  interest,  the  reason 
for   any  such   release  or  compromise  to  be  stated  In  the 
recorded   proceedings   of   such   board.     No   lease   by  any 
company   organized   under   §   5  of  this   chapter   and   own- 
ing  a    right,    privilege    or   franchise    of   using   any    street, 
avenue,    highway    or    public    place   for   railroad    purposes, 
which     was     sold     prior    to     May     19,     1908,     under    the 
provisions   of   this    section,   made    after   said   date   to   any 
street    surface    railroad    company    which    is    not    subject 
to    the    payment    of    any    percentage    pursuant    to    this 
section,   and    which   is   not   organized   for  the   purpose   of 
operating   a   railroad   in   a   city   of  the   first   class,   shall 
be  valid  until  the  lessee  company  shall  have  filed  in  the 
office  of  the   secretary  of  State  and  in  the  office  of  the 
clerk  of  the  county  where  its  certificate  of  incorporation 
is    filed,    its    acceptance    in    writing   under   its    corporate 
seal  of  the  provisions  of  this  section  as  now  amended; 
and    upon    such    acceptance    being    filed,    the    total    per- 


centage   amount    thereafter    to    be    paid    annually    under 
this  section  and  under  §  175  of  this  chapter  shall  be  at 
the  rate  of  5   per  centum  of  the  gross  receipts  derived 
from  the  operation  of  the  roads  of  the  lessor  and  lessee 
companies    considered    as   one   system.      The    lessee    com- 
pany, at  the  time  of  filing  its  acceptance  aforesaid,  shall 
also  file  in  the  same  offices  a  bond  to  the  people  of  the 
State,  executed  in  duplicate  by  it  and  a  surety  Company 
authorized  by  law  to  act  as  surety  on  bonds  and  under- 
takings,   in    the    penal    sum    of    $50,000,    and    conditioned 
for   the    faithful    payment   annually   of   the   total   percent- 
age  aforesaid,   and   such   bond   shall   be   deemed   to   be  a 
full   compliance  with   the   condition  for  a  bond  or  under- 
taking   required    by    this    section    to    be    provided    for   in 
the    conditions    of    the    consent    of    the    local    authoritiea 
and  shall  supersede  any  such  bond  or  undertaking  there- 
tofore   given.      Whenever    it    shall    be    desired    to    unite 
two    street    surface    railroad    routes    at    some    point    not 
over   one-half   mile  from   such  respective  lines  or  routes, 
and    establish    by    the    construction    of    such    connection 
a   new   route    for   public   travel,   and   the   corporation  or 
corporations    owning    or   using   such    railroads    shall   con- 
sent   to    operate    such    connection   as    a    part   of   a   con- 
tinuous  route   for  one   fare,   and  it   shall   appear  to   the 
local  authorities  that  such  connection  cannot  be  oi)erated 
as  an  independent  railroad  without  inconvenience  to  the 
public,    but   that   it   is   to   the   public   advantage   that  the 
same   should   be   operated   as   a   continuous   line   or  route 
with    existing    railroads,    or    whenever    for    the    purpose 
of   connecting   with   any   ferry  or   railroad   depot,   it  shall 
be    desired    to    construct    an    extension    or    branch    not 
more  than  one-half  mile  in  length,  of  any  street  surface 
railroad   corporation,    no   sale  of   such   franchise  shall   be 
made  as  provided  in  this  section,  but  any  consent  of  the 
local    authorities    for    the    construction    and    operation    of 
such   connection,   extension   or  branch   shall   provide  that 
the    corporation   or    corporations    operating   such   connec- 
tion,  extension  or  branch  shall  pay  into   the  treasury  of 
said    city    annually    the    percentage    provided    for    exten- 
6lons   or  branches  in  §  175  of  this  chapter,  for  the  pur- 
poses, at  the  times,  in  the  manner  and  upon  the  condi- 
tions   set   forth    in    such    section.      Nothing    herein   con- 
tained   shall   be   construed   as   superseding,    repealing  or 
modifying  any  provision  of  the  charter  of  any  city,  village 
or  town,  nor  as  modifying  or  affecting  the  terms  of  a  certain 
contract  bearing  date  January  1,  1892,  entered  into  by  and 
between  the  city  of  Buffalo  and  the  various  street  surface 
railroad  corporations  therein  named  in  said  contract,  nor  as 
modifying  or  p.ffecting  the  terms  of  a  certain  contract  bear- 
ing date  the  twenty-fifth  day  of  February,  1890,  entered  into 
by  and  between  the  city  of  Rochester  and  the  street  surface 
railroad  corporation  therein  named,  nor  as  modifying  or 
affecting  any  contract  heretofore  entered  into  between  a 
street  surface  railroad  corporation  and  any  city  of  the  third 
class,    town    or    village    regulating   the    payment   of   per- 
centages or  paving  of  streets,  and   any  city  of  the  third 
class,    town    or    village,    is    hereby    authorized    to    enter 
into  any  such   form  of  contract  with  any  street  surface 
railroad  corporation,  and  any  such  contract  entered  into 
before  said  date  is   hereby  ratified  and  confirmed.     The 
local  authorities  may,  in  their  discretion,  make  their  con- 
sent   to    depend    upon   any    further    conditions    respecting 
other  or  further  security,  or  deposit,   suitable  to  secure 
the    construction,   completion    and   operation   of   the    rail- 
road within  any  time  not  exceeding  the  period  prescribed 
in    this    article    and    respecting    the    character,    quality 
or   motive   power  of  the   road   to   be   completed   and   re- 
specting the  grouping  of  streets,  avenues  and  highways 
into   one   route,   or   into   several  routes,   for  the   purpose 
of    a    single    sale    of    the    franchise,    right    or    privilege 
for   all   the   routes   collectively,   or   of  the   separate   sale 
for  each   route   or  street,   as   said   local   authorities   may 
think  expedient,  and  respecting  the  payment  of  the  per- 
centage agreed  to  be  paid  at  the  sale  upon  all  the  lines 
operated    by   the    successful   bidder   within   the   city   and 
respecting  any  matter  involved  in  or  affecting  the  com- 
putation of  percentage  payments  and  respecting  the  use 
of  the  railroads  to  be  constructed  under  the  consent  by 
any    other    company    and    respecting    the    interchange    of 
traffic     and     division     of     fares     between     the     company 
operating    such    railroads    and    any    other    company,    and 
respecting   the   application   of   any   provision   herein   con- 
tained  as  to  carriage  of  passengers  for  single  fare  and 


992 


National  Association  of  Railway  Commissioners 


the  division  of  gross  receipts  and  tlie  payment  of  percent- 
ages to  tlie  line  leased  or  operated  under  contract  by 
the  applicant  for  an  extension,  and  also  respecting  any 
other  matter  concerning  which,  in  their  judgment,  further 
conditions  would  he  for  the  public  interest.  Nothing 
herein  contained  shall  apply  to,  or  affect  any  grant 
hereafter  made  under  the  provisions  of  title  1,  chapter  3  of 
chapter  378  of  the  law  of  1897  and  the  amendments  thereto 
known  afi  the  Greater  New  York  charter. 

Proceedings  if  property  owners  do  not  consent.  §  174. 
If  the  consent  of  property  owners  required  by  any 
provision  of  this  article  cannot  be  obtained,  the  corpo- 
ration failing  to  obtain  such  consents  may  apply  to  the 
appellate  division  of  the  Supreme  Court  held  in  the 
department  in  which  it  is  proposed  to  construct  its 
road  for  the  appointment  of  three  commissioners  to 
determine  whether  such  railroad  ought  to  be  constructed 
and  operated.  Notice  of  such  application  must,  at  least 
10  days  prior  thereto,  be  served,  personally,  upon  each 
nonconsenting  property  owner  by  delivering  the  same  to 
the  person  to  whom  such  property  is  assessed  upon 
such  assessment-roll  or  by  duly  mailing  the  same,  prop- 
erly folded  and  directed,  to  such  property  owner  at  his 
post-office  address  with  the  postage  prepaid  thereon. 
If  the  person  upon  whom  service  is  to  be  made  is 
unknown,  or  his  residence  and  post-office  address  are 
unknown  and  cannot  by  reasonable  diligence  be  ascer- 
tained, service  of  such  notice  may  be  made  by  publish- 
ing the  same  in  such  newspaper  of  the  county  as  the 
court  may  direct,  at  least  once  a  week  for  two  successive 
weeks.  Upon  due  proof  of  service  of  such  notice  the 
court  to  which  the  application  is  made  shall  appoint 
three  disinterested  persons,  who  shall  act  as  commis- 
sioners, and  who  shall,  within  10  days  after  their  appoint- 
ment, cause  public  notice  to  be  given  of  their  first 
meeting  in  the  manner  directed  by  the  court,  and  may 
adjourn  from  time  to  time,  until  all  their  business  is 
completed.  Vacancies  my  be  filled  by  the  court  after 
such  notice  to  parties  interested  as  it  may  deem  proper 
to  be  given;  and  the  evidence  taken  before  as  well  as 
after  the  happening  of  the  vacancy  shall  be  deemed  to 
be  properly  before  such  commissioners.  After  a  public 
hearing  of  all  parties  interested,  the  commissioners  shaU 
determine  whether  such  railroad  ought  to  be  constructed 
and  operated,  and  shall  make  a  report  thereon,  together 
with  the  evidence  taken,  to  the  appellate  division,  within 
60  days  after  appointment,  unless  the  court,  or  a  judge 
thereof,  for  good  cause  shown,  shall  extend  such  time; 
and  their  determination  that  such  road  ought  to  be  con- 
structed and  operated,  confirmed  by  such  court,  shall 
be  taken  in  lieu  of  the  consent  of  the  property  owners 
hereinbefore  required.  The  commissioners  shall  each 
receive  $10  for  each  day  spent  in  the  performance  of 
their  duties  and  their  necessary  expenses  and  disburse- 
ments, which  shall  be  paid  by  the  corporation  applying 
for  their  appointment. 

Percentage  of  gross  receipts  to  6e  paid  in  cities  or  vil- 
lages— Report  of  officers.  §  175.  Every  corporation  build- 
ing or  operating  a  railroad  or  branch  or  extension  thereof, 
under  the  provisions  of  this  article,  or  of  chapter  252 
of  the  laws  of  1884,  within  any  city  of  the  State  having 
a  population  of  1,200,000  or  more,  shall,  for  and  during 
the  first  five  years  after  the  commencement  of  the  opera- 
tion of  any  portion  of  its  railroad  annually,  on  November 
first,  pay  into  the  treasury  of  the  city  in  which  its 
road  it  located,  to  the  credit  of  the  sinking  fund  thereof, 
3  per  centum  of  its  gross  receipts  for  and  during  the 
year  ending  September  30  next  preceding;  and  after 
the  expiration  of  such  five  years,  make  a  like  annual 
payment  into  the  treasury  of  the  city  to  the  credit  of 
the  same  fund,  of  5  per  centum  of  its  gross  receipts.  If 
a  street  surface  railroad  corporation  existing  and  operat- 
ing any  such  railroad  in  any  such  city  on  May  6,  1884, 
shall  have  thereafter  extended  its  tracks  or  con- 
structed branches  therefrom,  and  shall  operate  such 
branches  or  extensions  under  the  provisions  of  chapter  252 
of  the  laws  of  1884,  or  of  this  article,  such  corporation  shall 
pay  such  percentages  only  upon  such  portions  of  its 
gross  receipts  as  shall  bear  the  same  proportion  to  its 
whole  gross  receipts  as  the  length  of  such  extension  or 
branches  shall  bear  to  the  entire  length  of  its  line.  In 
any  other  incorporated  city  or  village  the  local  author- 
itieg   shall   have   the   right   to   require,   as   a   condition   to 


their  consent  to  the  construction,  operation  or  extensioi 
of  a  railroad  under  the  provisions  of  this  article,  the  pay- 
ment annually  of  such  percentage  of  gross  receipts, 
not  exceeding  3  per  centum,  into  the  treasury  of  the 
city  or  village  as  they  may  deem  proper.  In  case  of 
extension  the  amount  to  be  paid  shall  be  ascertained 
in  the  manner  heretofore  provided.  The  corporation 
failing  to  pay  such  percentage  of  its  gross  earnings 
shall,  after  November  1,  pay  in  addition  thereto  5  per 
centum  a  month  on  such  percentage  until  paid.  The 
president  and  treasurer  of  any  corporation  required  by 
the  provisions  of  this  article  to  make  a  payment  an- 
nually upon  its  gross  receipts  shall,  on  or  before  Novem- 
ber 1  in  each  year,  make  a  verified  report  to  the  comp- 
troller or  chief  fiscal  officer  of  the  city  of  the  gross 
amount  of  its  receipts  for  the  year  ending  September 
30,  next  preceding,  and  the  books  of  such  corr«oration 
shall  be  open  to  inspection  and  examination  by  sui;h 
comptroller  or  officer,  or  his  duly  appointed  agent,  for 
the  purpose  of  ascertaining  the  correctness  of  its  :e- 
port  as  to  its  gross  receipts.  The  corporate  rights, 
privileges  and  franchises  acquired  under  this  article 
or  such  chapter  by  any  corporation,  which  shall  fail  to 
comply  with  all  the  provisions  of  this  section,  shall  be  for- 
feited to  the  people  of  the  State,  and  upon  judgment 
of  forfeiture  rendered  in  an  action  brought  in  the  name 
of  the  people  by  the  attorney-general,  shall  cease  aid 
determine. 

Extension  of  route  over  rivers — Terminus  in  other  cou  t- 
ties  —  When  property  owners  withhold  consent  —  Supren  e 
Court  may  appoint  commissioners.  §  176.  Any  street  ra  1- 
road  in  operation  in  this  State,  which  shall,  by  a  two-thin  s 
vote  of  its  directors,  decide  to  extend  the  rente  of  i  s 
road,  so  as  to  cross  a  river  over  and  by  any  bridf  p 
now  or  hereafter  constructed  under  the  provisions  <  f 
any  law  of  this  State,  may  so  extend  its  route  over  an  1 
across  such  bridge  upon  such,  terms  as  may  be  mutual!  v 
agreed  upon  between  it  and  such  bridge  company,  an  1 
may  locate  the  terminus  of  its  road  in  the  county  ai  - 
joining  the  one  in  which  its  road  is  now  located  and  i  i 
operation  upon  first  obtaining  the  consent  of  such  brldf  e 
company  or  its  lessees,  and  the  consent  of  the  owners  <  f 
one-half  in  value  of  the  property  bounded  on,  and  th  > 
consent  also  of  the  local  authorities  having  the  contn  1 
of  that  portion  of  a  street  or  highway  upon  which  it  ;i 
proposed  to  construct  or  operate  such  railroad,  or  in  cas  ; 
the  consent  of  such  property  owners  cannot  be  obtaine  1 
the  appellate  division  of  the  Supreme  Court  in  the  di;  - 
trict  in  which  it  is  proposed  to  be  constructed  may,  upo  i 
application,  appoint  three  commissioners,  who  sha  1 
determine,  after  a  hearing  of  all  parties  Interestee  , 
whether  such  railroad  ought  to  be  constructed  or  O] - 
erated,  and  their  determination,  confirmed  by  the  couB  , 
may  be  taken  in  lieu  of  the  consent  of  the  properlJ 
owners.  Whenever  a  terminus  of  any  public  viadufl  j 
bridge  or  bridges,  or  public  viaduct  connected  with  alii< 
bridge  or  bridges,  heretofore  or  hereafter  constructed  1  i' 
and  owned  and  maintained  by  any  city  of  the  first  clasJi 
or  town  adjoining  the  same  is  or  shall  be  located  at  or) 
adjacent  to  or  within  one-half  mile  of  the  route  of  an»J 
existing  street  surface  railroad,  the  corporation  ownlup 
or  operating  such  railroad  may,  irrespective  of  any  prfij 
visions  otherwise  applicable  thereto  contained  in  aBj 
general  or  local  act,  upon  obtaining  the  consent  of  tilt 
local  authorities  and  property  owners  as  above  PJ" ' 
vided,  and  upon  complying  with  the  provisions  of  th 
chapter  applicable  thereto,  extend  its  road  or  rou 
and  construct  and  operate  its  railroad,  to,  upon  a^ 
across  such  viaduct,  bridge  or  bridges  and  approach 
thereto  for  the  purpose  of  connecting  with  another  ra 
road  route  not  more  than  one-half  mile  distant  from  suj 
bridge  or  viaduct  so  as  to  afford  a  continuous  ride 
one  fare,  subject  to  the  provisions  of  this  chapter, 
for  the  purpose  of  reaching  the  depot,  station  or  ter** 
minus  of  another  railroad  not  more  than  one-half  mil^^ 
distant  from  such  bridge  or  viaduct.  This  section  sha  1 
not  apply  to  any  bridge  over  the  Hudson  or  East  rivers 
in  the  counties  of  New  York  and  Kings,  nor  to  any 
bridge  or  viaduct  constructed  under  the  provisions  of 
any  so-called  grade  crossing  law. 

Use  of  tracks  of  other  roads.  §  177.  Any  railroad  cor- 
poration in  this  State,  whose  cars  are  run  and  operated  by 
horses  or  ether  motive  power,  authorized  by  this  article, 


Public  Service  Laws 


993 


upon  the  surface  of  the  street,  excepting  in  the  county 
of  New  York,  may,  for  the  purpose  of  enabling  it  to 
connect  with  and  run  and  operate  its  cars  between  its 
tracks,  and  a  depot  or  car-house  owned  by  it,  run  upon, 
intersect  and  use,  for  not  exceeding  500  feet,  the  tracks 
of  any  other  railroad  corporation,  the  cars  of  which 
are  run  and  operated  in  like  manner  with  the  necessary 
connections  and  switches  for  the  proper  working  and 
accommodation  of  the  cars  upon  such  tracks,  and  In 
connection  with  such  depot  or  car-house,  upon  paying 
therefor  such  compensation  as  it  may  agree  upcn  with 
the  corporation  owning  the  tracks  to  be  so  run  upon, 
intersected  and  used;  and  in  case  such  corporations 
cannot  agree  upon  the  amount  of  such  compensation, 
the  same  shall  be  ascertained  and  determined  in  the 
manner  prescribed  in  the  condemnation  law. 

Repair  of  streets — Rate  of  speed — Removal  of  ice  and 
snow.  §  178.  Every  street  surface  railroad  corporation,  so 
long  as  it  shall  continue  to  use  any  of  its  tracks  in 
any  street,  avenue  or  public  place  in  any  city  or  village, 
shall  have  and  keep  in  permanent  repair  that  portion  of 
such  street,  avenue  or  public  place  between  its  tracks, 
the  rails  of  its  tracks,  and  2  feet  in  width  outside  of  its 
tracks,  under  the  supervision  of  the  proper  local  au- 
thorities, and  whenever  required  by  them  to  do  so,  and 
in  such  manner  as  they  may  prescribe.  In  case  of  the 
neglect  of  any  corporation  to  make  pavements  or  repairs 
after  the  expiration  of  30  days'  notice  to  do  so,  the  local 
authorities  may  make  the  same  at  the  expense  of  such 
corporation,  and  such  authorities  may  make  such  reason- 
able regulations  and  ordinances  as  to  the  rate  of  speed, 
mcde  of  use  of  tracks  and  removal  of  ice  and  snow,  as 
the  interests  or  convenience  of  the  public  may  require. 
A  corporation  whose  agents  or  servants  wilfully  or 
negligently  violate  such  an  ordinance  or  regulation  shall 
be  liable  to  such  city  or  village  for  a  penalty  not  ex- 
ceeding $500  to  be  specified  in  such  ordinance  or  regu- 
ation. 

Within  what  time  road  to  be  built.  §  179.  In  case  any 
street  surface  railroad  corporation  shall  not  commence 
the  construction  of  its  road,  or  of  any  extension  or 
branch  thereof,  "within  one  year  after  the  consent  of  the 
local  authorities  and  property  owners  or  the  determina- 
tion of  the  appellate  division  of  the  Supreme  Court  as 
herein  required  shall  have  been  given  or  renewed,  and 
shall  not  complete  the  same  within  three  years  after 
such  consents  or  determination  shall  have  been  obtained, 
its  rights,  privileges  and  franchises  in  respect  of  such 
railroad  or  extension  or  branch,  as  the  case  may  be, 
may  be  forfeited.  If  the  performance  of  any  act  re- 
quired by  this  chapter  or  any  prior  acts  within  the  times 
therein  prescribed,  is  hindered,  delayed  or  prevented  by 
legal  proceedings  in  any  court,  such  court  may  also 
extend  such  time  for  such  period  as  the  court  shall 
deem  proper  or,  if  the  performance  of  any  act  required 
by  said  statutes  within  the  times  therein  prescribed  is 
hindered,  delayed  or  prevented  by  works  of  public  im- 
provement, or  from  any  other  or  different  cause,  not 
within  the  control  of  the  corporation  upon  which  such 
requirement  is  imposed,  the  time  for  the  performance  of 
such  act  is  hereby  and  shall  be  deemed  to  be  extended 
for  the  period  covered  by  such  hindrance,  delay  or  pre- 
vention. The  time  for  compliance  with  any  requirement 
In  this  or  any  former  act,  by  a  street  surface  railroad 
corporation  incorporated  for  the  purpose  of  constructing 
a  street  surface  railroad  and  which  has,  prior  to  March 
25,  1902,  obtained  or  shall,  prior  to  June  30,  1903,  obtain 
such  consents  or  determination  is  hereby  extended  until 
June  30,  1904. 

Motive  power.  §  180.  Any  street  surface  railroad  may 
operate  any  portion  of  its  road  by  animal  cr  horse  power, 
or  by  cable,  electricity  or  any  power  than  locomotive 
steam  power,  which  said  locomotive  steam  power  is 
primarily  generated  by  the  locomotive  propelling  the 
cars,  and  in  the  use  of  which  either  escaping  steam  or 
smoke  is  visible,  which  may  be  approved  by  the  public 
service  commission  and  consented  to  by  the  owners  of 
one-half  of  the  property  bounded  on  that  portion  of  the 
railroad,  with  respect  to  which  a  change  of  motive 
power  is  proposed;  and,  if  the  consent  of  such  property 
owners  cannot  be  obtained,  the  determination  of  three 
disinterested  commissioners,  appointed  by  the  appellate 
division    of   the    Supreme    Court    of    the    department    in 


which  such  railroad  is  located,  in  favor  of  such  motive 
power,  confirmed  by  the  court,  shall  be  taken  in  lieu 
of  the  consent  of  the  property  owners.  The  consent  of 
the  property  owners  shall  be  obtained  and  the  proceed- 
ings for  the  appointment  and  the  determination  of  the 
commissioners  and  the  confirmation  of  their  report  shall 
be  conducted  in  the  manner  prescribed  in  §§  171  and  174 
of  this  article,  so  far  as  the  same  can  properly  be  made 
applicable  thereto.  Any  railroad  corporation  making  a 
change  in  its  motive  power  under  this  section,  may 
make  any  changes  in  the  construction  of  its  road  or 
roadbed  or  other  property  rendered  necessary  by  the 
change  in  its  motive  power.  Where  a  street  surface 
railroad  in  the  counties  of  Herkimer  and  Hamilton  i» 
located  wholly  outside  the  limits  of  an  incorporated  city 
or  village,  such  railroad  may,  with  the  approval  of  the- 
public  service  commission,  be  operated  by  locomotive- 
steam  power,  provided  that  such  steam  power  is  gen- 
erated by  oil  from  and  Including  April  15  to  and  in- 
cluding November  30,  and  by  either  oil  or  coal  from  and 
including  December  1  to  and  including  April  14. 

Rate  of  fare.  §  181.  No  corporation  constructing  and! 
operating  a  railroad  under  the  provisions  of  this  article„ 
or  of  chapter  252  of  the  laws  of  1884,  shall  charge  any' 
passenger  more  than  5  cents  for  one  continuous  ride 
from  any  point  en  its  road,  or  on  any  road,  line  or 
branch  operated  by  it,  or  under  its  control,  to  any  other 
point  thereof,  or  any  connecting  branch  thereof,  within 
the  limits  of  any  incorporated  city  or  village.  Not  more 
than  one  fare  shall  be  charged  within  the  limits  of  any 
such  city  cr  village,  for  passage  over  the  main  line  of 
road  and  any  branch  or  extension  thereof  if  the  right  to 
construct  such  branch  or  extension  shall  have  been 
acquired  under  the  provisions  of  such  chapter  or  of 
this  article  except  that  in  any  city  of  the  third  class  or 
incorporated  village  it  shall  be  lawful  for  such  corpora- 
tion to  charge  and  collect  as  a  maximum  rate  of  fare 
for  each  passenger,  10  cents,  where  such  passenger  is 
carried  in  a  car  which  overcomes  an  elevation  of  at 
least  450  feet  within  a  distance  of  1%  miles.  This  sec- 
tion shall  not  apply  to  any  part  of  any  road  constructed 
prior  to  May  6,  1884,  and  then  in  operation,  unless  the 
corporation  owning  the  same  shall  have  acquired  the 
right  to  extend  such  road,  or  to  construct  branches 
thereof  under  such  chapter,  or  shall  acquire  such  right 
under  the  provisions  of  this  article,  in  which  event  its 
rale  of  fare  shall  not  exceed  its  authorized  rate  prior 
to  such  extension.  The  legislature  expressly  reserves 
the  right  to  regulate  and  reduce  the  rate  of  fare  on  any 
railroad  constructed  and  operated  wholly  or  in  part 
under  such  chapter  or  under  the  provisions  of  this  ar- 
ticle, and  the  public  service  commission  shall  possess 
the  same  power,  to  be  exercised  as  prescribed  in  the 
pfublic   service  commissions  law. 

Collection  of  fare.  §  182.  It  shall  be  unlawful  for  any 
corporation,  or  an  employe  thereof,  operating  a  street 
surface  railroad,  or  a  branch  thereof,  on  which  the  motive 
power  Is  electricity,  which  road  or  branch  is  operated 
wholly  or  in  part  in  a  city  having  at  least  1,000,000  in- 
habitants and  which  crosses  the  boundaries  of  a  city  of 
the  first  class,  to  collect  fare  of  a  passenger  more  than  once 
for  and  during  one  continuous  ride  on  a  single  car  or  train; 
excepting  that  fare  may  be  once  collected  separately  outside 
the  city  limits  for  passenger  service  to  or  from  such  limits, 
and.  once  separately  within  the  city  for  the  service  therein. 
A  person  or  corporation  violating  the  provisions  of  thla 
section  shall  be  liable  to  a  penalty  of  $25  for  each  viola- 
tion, recoverable  by  the  passenger  aggrieved  thereby. 

Construction  of  road  in  street  where  other  road  is  built. 
§  183.  No  street  surface  railroad  corporation  shall  con- 
struct, extend  or  operate  its  road  or  tracks  in  that  portion 
of  any  street,  avenue,  road  or  highway,  in  which  a  street 
surface  railroad  is  or  shall  be  lawfully  constructed,  except 
for  necessary  crossings,  or,  in  cities,  villages  and  towns  of 
less  than  1,250,000  inhabitants  over  any  bridges,  without 
first  obtaining  the  consent  of  the  corporation  owning  and 
maintaining  the  same,  except  that  any  street  surface  rail- 
road company  may  use  the  tracks  of  another  street  surface- 
railroad  company  for  a  distance  not  exceeding  1,000  feet,, 
and  if  in  a  city  having  a  population  of  less  than  35,OOo'. 
Inhabitants,  for  a  distance  of  not  exceeding  1,500  feet,, 
and  in  cities,  villages  and  towns  of  less  than  1,250,000< 
Inhabitants,  shall  have  the  right  to  lay  its  tracks  upon, 


994 


National  Association  of  Railway  Commissioners 


and  run  over  and  use  any  bridges  used  wholly  or  in.  part 
as  a  foot-bridge,  whenever  the  court  upon  an  application 
for  commissioners  shall  be  satisfied  that  such  use  Is 
actually  necessary  to  connect  main  portions  of  a  line  to  be 
constructed  or  operated  as  an  independent  railroad,  or  to 
connect  said  railroad  with  a  ferry,  or  with  another  exist- 
ing railroad,  and  that  the  public  convenience  requires  the 
same,  in  which  event  the  right  to  use  shall  only  be  given 
for  a  compensatioh  to  an  extent  and  in  a  manner  to  be 
ascertained  and  determined  by  commissioners  to  be  ap- 
pointed by  the  courts  as  is  provided  in  the  condemnation 
law,  or  by  the  public  service  commission  in  cases  where 
the  corporations  interested  shall  unite  in  a  request  for 
such  commission  to  act.  Such  commissioners  In  determin- 
ing the  compensation  to  be  paid  for  the  use  by  one  cor- 
poration of  the  tracks  of  another  shall  consider  and  allow 
for  the  use  of  the  tracks  for  all  injury  and  damage  to  the 
corporation  whose  tracks  may  be  so  used.  Any  street  sur- 
face railroad  corporation  may,  in  pursuance  of  a  unanimous 
vote  of  the  stockholders  voting  at  a  special  meeting  called 
for  that  purpose  by  notice  in  writing,  signed  by  a  majority 
of  the  directors  of  such  corporation,  stating  the  time,  place 
and  object  of  the  meeting,  and  served  upon  each  stock- 
holder appearing  as  such  upon  the  books  of  the  corpora- 
tion, personally  or  by  mall,  at  his  last  known  postoflSce 
address,  at  least  60  days  prior  to  such  meeting,  guarantee 
the  bonds  of  any  other  street  surface  railroad  corporation 
whose  road  is  fully  or  partly  in  the  same  city  or  town  or 
adjacent  cities  or  towns. 

Abandonment  of  part  of  route.  §  184.  Any  street  sur- 
face railroad  corporation  may  declare  any  portion  of  its 
route  which  it  may  deem  no  longer  necessary  for  the  suc- 
cessful operation  of  its  road  and  convenience  of  the  pub- 
lic to  be  relinquished  or  abandoned.  Such  declaration  of 
abandonment  must  be  adopted  by  the  board  of  directors  of 
the  corporation  under  its  seal,  which  shall  be  submitted 
to  the  stockholders  thereof  at  a  meeting  called  and  con- 
ducted in  the  same  manner  as  required  by  law  for  meet- 
ings of  stockholders  for  the  approval  of  leases  by  railroad 
corporq,tIons  for  the  use  of  their  respective  roads.  If 
the  stockholders  shall,  at  such  meeting,  ratify  and  adopt 
such  declaration  of  abandonment,  the  secretary  of  the  com- 
pany shall  so  certify  under  the  seal  of  the  corporation, 
upon  such  declara,tion.  Such  declaration  shall  then  be 
submitted  to  the  public  service  commission  for  its  approval, 
and  if  approved  by  such  commission,  such  approval  shall 
be  indorsed  thereon  or  annexed  thereto  and  the  declaration 
so  certified  and  indorsed  shall  be  filed  and  recorded  in  the 
oflBce  of  the  secretary  of  State,  and  from  the  time  of  such 
filing,  such  portion  of  the  route  designated  in  the  declara- 
tion shall  be  deemed  to  be  abandoned. 

Effect  of  dissolution  of  charter  as  to  consents.  §  185. 
Whenever  any  street  surface  railroad  corporation  shall  have 
been  dissolved  or  annulled,  or  its  charter  repealed  by  a'n 
Act  of  the  legislature,  the  consent  of  owners  of  property 
bounded  on,  and  the  consent  of  the  local  authorities  hav- 
ing the  control  of  that  portion  of  a  street  or  highway 
upon  which  the  railroad  of  such  corporation  shall  have 
been  theretofore  constructed  and  operated,  and  the  order 
of  the  appellate  division  confirming  the  report  of  any 
commissioner  that  such  railroad  ought  to  be  constructed 
or  operated,  shall  not,  nor  shall  either  thereof,  be  deemed 
to  be  in  any  way  Impaired,  revoked,  terminated  or  other- 
wise affected  by  such  act  of  dissolution,  annulment  or' 
repeal,  but  the  same  and  each  thereof  shall  continue  In 
full  force,  eflicacy  and  being.  The  right  to  the  further  en- 
joyment and  to  the  use  thereof,  subsequent  to  such  act  of 
dissolution,  annulment  or  repeal,  and  of  all  the  powers, 
privileges  and  benefits  therein  or  thereby  created,  shall  be 
sold  at  public  auction  by  the  local  authorities  within  whose 
jurisdiction  such  railroad  shall  be,  in  the  same  manner  as 
Is  provided  in  §  173  of  this  article.  When  such  sale  shall 
have  been  so  made,  the  purchaser  thereat  shall  have  the 
right  to  the  further  enjoyment  and  use  of  such  consents 
and  orders,  and  of  each  thereof,  and  of  all  the  powers, 
privileges  and  benefits  therein  or  thereby  created,  in  like 
manner  as  if  such  purchaser  had  been  originally  named 
In  such  consents,  reports  and  orders;  if  such  purchaser 
shall  be  otherwise  authorized  by  law  to  construct,  maintain 
and  operate  a  street  surface  railroad  within  the  munici- 
pality within  which  such  railroad  shall  be. 

Corporate  rights  saved  in  case  of  failure  to  complete 
road — Right  to  operate  branches — Conditions — Former  con- 


tents ratified — Limitations.  §  186.  The  corporate  existence 
and  powers  of  every  street  surface  railroad  corporation, 
which  has  completed  a  railroad  upon  the  greater  portion  of 
the  route  designated  in  Its  certificate  of  incorporation, 
within  ten  years  from  the  date  of  filing  such  certificate 
in  the  office  of  the  secretary  of  State,  and  which  was 
operating  such  completed  portion  of  its  railroad  on  the 
twenty-third  day  of  March,  1900,  and  had  operated  the 
same  continuously  for  a  period  of  five  years  Immediately 
preceding  said  date,  shall  continue  with  like  force  and 
effect,  as  though  it  had  in  all  respects  complied  with  the 
provisions  of  law  with  reference  to  the  time  when  It 
should  have  fully  completed  its  road.  Every  such  corpo- 
ration shall  have  the  right  to  operate  any  extensions  and 
branches  of  Its  railroad,  now  constructed  and  operated  by 
it,  which  had  been  so  constructed  and  operated  by  It,  for  a 
period  of  10  years  immediately  preceding  said  twenty- 
third  day  of  March,  1900,  with  like  force  and  effect,  as 
though  the  route  of  such  extensions  and  branches  were 
designated  in  its  certificate  of  incorporation. 

But  every  such  street  railroad  corporation  is  authorised 
to  operate  such  railroad  and  any  extensions  or  branc^ies 
thereof,  upon  condition  that  It  has  heretofore  obtained,  or 
shall  hereafter  obtain,  the  consent  of  the  local  authorities 
having  the  control  of  that  portion  of  the  streets,  avenues  or 
highways  included  in  such  railroad,  or  any  extension  or 
branch  thereof,  to  the  construction  and  operation  of  he 
same,  and  also  upon  the  condition  that  it  has  heretof  ire 
obtained  or  shall  hereafter  first  obtain  the  consent  of  he 
owners  of  one-half  in  value  of  the  property  bounded  on  he 
portion  of  the  streets,  avenues  or  highways  included  in 
the  route  of  such  railroad,  or  any  extensions  or  branch  les 
thereof,  to  the  construction  and  operation  of  the  same,  or 
In  case  the  consent  of  such  property  owners  cannot  be 
obtained,  the  appellate  division  of  the  Supreme  Court  of 
the  department  in  which  such  railroad  or  any  extension  or 
branch  thereof  is  located,  may,  upon  application,  appoint 
three  commissioners  who  shall  determine,  after  a  hearing  of 
all  the  parties  interested,  whether  such  railroad  ought  to  be 
constructed  or  operated,  and  their  determination,  confim  ed 
by  the  court,  may  be  taken  in  lieu  of  the  consent  of  he 
property  owners.  If  any  street  surface  railroad  corpc  ra- 
tion shall  have  made  and  filed  a  statement  or  statements  of 
proposed  extensions  or  branches  embracing  a  line  fr  )m 
the  boundary  of  a  city  or  village  to  the  boundary  of  in- 
other  city  or  village  generally  parallel  with  the  route  sp'  ci- 
fied  in  its  certificate  of  incorporation  and  generally  dist  nt 
not  more  than  %  mile  therefrom,  and  shall  have  made  i  nd 
filed  an  agreement  of  consolidation  with  some  other  str  ;et 
surface  railroad  corporation  formed  to  build  a  street  r  dl- 
road  upon  a  route  continuous  or  connecting  with  one  or 
more  of  the  routes  described  in  such  statement  or  sU  te- 
ments  of  proposed  extensions  or  branches,  and  thereal  er 
shall  have  been  constructed  and  operated  for  a  period  of 
four  years  a  street  surface  railroad  from  such  city  or  il- 
lage  to  such  other  city  or  village  upon  a  line  embraced  in 
any  such  proposed  extensions  or  branches,  such  cons  )11- 
dated  corporation  may  relinquish  and  abandon  any  uncjn- 
structed  route  or  unconstructed  portions  of  route  specil  ed 
in  the  certificate  of  incorporation  or  in  any  statements  at 
proposed  extensions  or  branches  of  such  first-mentioned 
corporation  by  filing  in  the  office  of  the  secretary  of  St  ite 
a  copy  of  a  resolution  of  the  board  of  directors  of  si  ch 
consolidated  corporation  certified  by  its  president  and  sei  re- 
tary,  declaring  such  unconstructed  route  or  unconstruc.ed 
portions  of  route  relinquished  and  abandoned,  and  thi  re- 
upon  the  corporate  rights,  powers  and  franchises  of  s  ich 
consolidated  corporation  shall  be  and  continue  the  same  as  ■ 
though  the  certificate  of  incorporation  of  such  constituant 
corporation  had  specified  the  constructed  and  not  the  un- 
constructed portions  of  such  route  and  proposed  extensi  jn» 
and  branches.  All  consents  given  or  grants  made  by  Iccal 
authorities  having  the  control  of  the  portion  of  any  street, 
avenue  or  highway  included  in  the  route  of  such  railrcad, 
or  any  extensions  or  branches  thereof,  to  any  such  stieet 
surface  railroad  corporation,  prior  to  March  23,  1900,  are  i 
hereby  ratified  and  confirmed  and  declared  valid.  This  \ 
section  shall  be  applicable  to  any  corporations  whose  lines 
are  wholly  within  any  towns,  cities  or  villages  having  ess 
than  20,000  inhabitants.  This  section  shall  not  apply  to 
or  affect  any  railroad  corporation  in  the  city  of  New  York; 
nor  any  special  grant  made  to  or  authority  conferred  upon 
any  street  surface  railroad  corporation  by  any  law  of  this 
State;  nor  any  litigation  pending  on  March  23,  1900;  nor 


Public  Service  Laws 


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shall  it  impair  rights,  privileges  or  franchises  existing  on 
said  date  of  any  street  surface  railroad  corporation. 

Extensions  and  franchises  confirmed.  §  187.  Any  street 
surface  railroad  corporation  which  had  prior  to  the 
tenth  day  of  May,  1893,  constructed  and  was  on  that 
date  operating  any  extension  or  branch  of  its  railroad 
along  any  streets  or  highways  or  portion  thereof  in  a 
city  having  less  than  50,000  inhabitants,  or  in  any  town 
adjoining  such  city,  and  which  had  prior  to  said  date 
obtained  consent  of  the  owners  of  one-half  in  value  of 
the  property  bounded  on,  and  the  consents  also  of  the 
local  authorities  having  control  of  that  portion  of  the 
streets,  roads  or  highways  upon  which  such  extension  or 
branch  was  constructed  and  being  operated  to  the  con- 
struction and  operation  of  the  same,  is  hereby  authorized 
to  operate  and  maintain  any  such  branch  or  extension, 
upon  filing  in  the  office  of  the  secretary  of  State  a 
certificate,  signed  by  its  board  of  directors,  which  cer- 
tificate shall  contain  a  statement  of  the  names  of  the 
cities,  towns,  villages  and  counties,  and  the  names  or 
description  of  the  streets,  avenues  and  highways  in 
which  such  extensions  or  branches  have  been  constructed, 
the  places  from  and  to  which  the  same  have  been  con- 
structed, and  are  to  be  maintained  and  operated  and 
the  length  thereof,  as  near  as  may  be;  thereupon  said 
extensions  and  branches  shall  be  deemed  and  consid- 
ered a  part  of  the  lines  of  said  railroad  from  the  date 
of  the  filing  thereof,  and  all  corporate  action  relating  to 
the  construction,  maintenance  and  operation  of  such 
extensions  or  branches,  or  creating  liens  upon  the  same 
by  said  corporation,  are  hereby  validated  and  confirmed. 
Nothing  in  this  section  contained  shall  affect  or  impair 
any  vested  right  or  any  litigation  pending  on  said 
tenth  day  of  May,  1893,  nor  shall  any  corporation  which, 
shall  avail  itself  of  the  provisions  of  this  section  be 
deemed  thereby  to  have  waived  any  rights  which  It 
'therefore  had  to  maintain  and  operate  any  branches  or 
extension  named  in  any  certificate  filed  by  it  hereunder. 

Certain  consents  of  local  authorities  confirmed.  §  188. 
All  consents  given  since  December  1,  1895,  and  prior 
to  February  1,  1896,  by  the  local  authorities  of  any 
city  of  the  first  or  second  class,  to  the  construction, 
operation  and  maintenance  of  a  street  surface  railroad  In 
any  such  city  by  a  railroad  corporation  which  has  not  com- 
plied with  the  provisions  of  §  9  of  this  chapter,  or  has 
failed  to  obtain  the  certificate  therein  provided  for,  are 
hereby  validated  and  confirmed,  and  any  such  corpora- 
tion may  construct,  operate  and  maintain  a  street  surface 
railroad  over,  along  and  upon  the  streets,  avenues, 
highways  and  public  places  described  in  such  consent, 
upon  obtaining  the  consent  of  the  owners  of  property 
bounded  on  such  streets,  avenues,  highways  or  public 
places  as  provided  by  law. 

Time  extended  for  payment  of  percentage  hased  on  gross 
receipts.  §  189.  Every  corporation  building  or  operating  a 
street  surface  railroad,  or  a  branch  or  extension  thereof, 
under  the  provisions  of  this  article,  or  chapter  252  of 
the  laws  of  1884,  which,  at  any  time  during  the  period 
of  six  years  prior  to  January  1,  1901,  became  liable  to 
pay  any  percentage  based  upon  the  gross  receipts  of 
said  corporation,  under  the  provisions  of  §  175  of  this 
article,  and  which  heretofore  has  paid  or  hereafter  shall 
pay,  separately  or  together,  the  amount  of  such  per- 
centage and,  in  addition  thereto,  interest  thereon  at 
the  rate  of  7  per  centum  per  annum,  computed  from  the 
time  such  percentage  became  due  by  said  §  175  up  to 
the  time  such  percentage  was  or  shall  be  paid,  by 
virtue  of  such  payment  or  payments,  shall  be  discharged 
of  liability  with  the  same  force  and  effect  as  if  the 
amount  of  such  percentage  had  been  paid  upon  the  date 
when  it  first  became  due  under  the  provisions  of  the 
said   section   of  this  article. 

When  sand  and  salt  may  be  used  on  tracks.  §  190.  The 
owner  or  operator  of  any  street  surface  railroad  in  cities 
of  this  State,  may  place  upon  the  space  between  the 
rails,  and  upon  the  rails  of  such  road  sand  in  sufficient 
quantities  to  prevent  the  horses  traveling  thereon  from 
slipping,  and  to  enable  cars  operated  by  mechanical 
or  electrical  appliances  to  be  safely  and  properly  oper- 
ated. The  owner  or  operator  of  any  street  surface  rail- 
road in   cities   of  this   State  may  use   salt  in  necessary 

•So  in  original. 


quantities,  upon  the  rails  of  all  the  switches,  curves, 
turnouts  and  crossovers,  between  the  first  day  of  Novem- 
ber of  each  year  and  the  first  day  of  May  following,  tor  the 
removal  of  snow  and  ice  therefrom  and  to  prevent  the  same 
from  freezing.  The  quantity  of  salt  to  be  used  and  the 
manner  of  applying  salt  to  the  rails  sh^U  be  under  the  al- 
rection  of  the  city  officials  having  charge  of  the  streets  of 
said  cities. 

Road  not  to  be  constructed  upon  ground  occupied  by 
public  buildings  or  in  public  parks.  §  191.  No  street  sur- 
face railroad  shall  be  constructed  or  extended  upon  ground 
occupied  by  buildings  belonging  to  any  town,  city, 
county  or  to  the  State,  or  to  the  United  States,  or  in 
public  parks,  except  in  tunnels  to  be  approved  by  the 
local  authorities  having  control  of  such  parks.  Provided, 
however,  that  the  commissioners  of  the  State  reservation 
at  Niagara,  by  and  with  the  consent  of  the  commissioners 
of  the  land  office,  may  construct,  without  expense  to  the 
State,  street  railroad  tracks  upon  and  along  that  part  of  the 
riverway,  so  called,  between  Falls  and  Niagara  streets,  in 
the  city  of  Niagara  Falls,  and  in  their  discretion  may  grant 
revocable  licenses  to  street  surface  railroad  companies  to 
use  such  tracks  upon  such  terms  as  said  commissioners 
may  prescribe. 

Center-bearing  rails  prohibited.  §  192.  No  street  sur- 
face railroad  corporation  shall  hereafter  lay  down  in  the 
streets  of  any  incorporated  city  or  village  of  this  State 
what  are  known  as  "center-bearing"  rails;  but  in  all 
cases,  whether,  in  laying  new  track  or  in  replacing  old 
rails,  shall  lay  down  "grooved"  or  some  other  kind  of  rail 
not  "center-bearing"  approved  by  the  local  authorities. 
Such  grooved  or  other  rail  shall  be  of  such  shape  and  so 
laid  as  to  permit  the  paving-stones  to  come  in  close  con- 
tact with  the  projection  which  serves  to  guide  the  flange 
to  the  car  wheel.  Where  in  any  city,  the  duty  of  repairing 
and  repaving  streets,  as  distinguished  from  the  authoriza- 
tion of  such  paving,  repairing  and  repaving,  is  by  law- 
vested  in  any  local  authority  other  than  the  common 
council  of  such  city,  such  other  local  authority  shall  be 
the  local  authority  referred  to  in  this  section. 

Right  to  cross  bridge  substituted  for  a  bridge  crossed 
for  five  years.  §  193.  Should  any  street  surface  railroad 
company  have  crossed  any  bridge  as  a  part  of  its  route 
for  a  period  of  more  than  five  years  and  should  any  other 
bridge  be  substituted  therefor  at  any  time,  such  company 
shall  have  the  right  to  cross  such  substituted  bridge  and 
to  lay  and  use  tracks  thereon  loi  the  transit  of  its  cars 
and  to  make  all  changes  and  extensions  of  its  route 
subject  to  all  the  provisions  of  this  chapter,  as  the  con- 
venient operation  of  its  cars  and  public  convenience  may 
require. 

Protection  of  employes.  §  194.  Every  corporation  oper- 
ating a  street  surface  railroad  in  this  State,  except  such  aa 
operate  a  railroad  or  railroads  either  in  the  borough  of 
Manhattan  or  Brooklyn,  in  the  city  of  New  York,  shall 
cause  the  front  and  rear  platforms  of  every  passenger  car 
propelled  by  electricity,  cable  or  compressed  air,  operated 
on  any  division  of  such  railroad  which  extends  in  or  be- 
tween towns  or  outside  of  city  limits,  during  the  months 
of  December,  January,  February  and  March,  except  cars 
attached  to  the  rear  of  other  cars,  to  be  inclosed  from  the 
fronts  of  the  platforms  to  the  fronts  of  the  hoods,  so  as  to 
afford  protection  to  any  person  stationed  by  such  corpo- 
ration on  such  platforms  to  perform  duties  in  connection 
with  the  operation  of  such  cars.  Every  corporation  or 
person  using  and  operating  a  car  in  violation  of  this  sec- 
tion shall  be  liable  to  a  penalty  of  twenty-five  dollars  per 
day  for  each  car  so  used  and  operated,  to  be  collected  in 
an  action  brought  by  the  public  service  commission  and 
to  be  paid  to  the  treasurer  of  the  State  of  New  York,  or  in 
a  suit  by  the  attorney  of  the  municipality  in  which  the 
violation  of  the  provisions  of  this  section  occurs,  to  be  paid 
into  the  treasury  of  such  municipality. 

Platforms  on  new  cars,  how  constructed.  §  195.  All 
street  surface  railroad  passenger  cars  purchased,  built  or 
rebuilt  after  the  first  day  of  December,  nineteen  hundred 
and  four,  and  operated  in  the  State  of  New  York  on  and 
after  said  date,  except  those  owned  by  any  company 
operating  either  in  the  borough  of  Manhattan  or  Brooklyn, 
in  the  city  of  New  York,  shall  be  constructed  in  accordance 
with  the  provisions  of  the  preceding  section. 

Protection  to  employes  in  the  counties  of  Albany  and 


996 


JsTational  Association  of  Railway  Commissioners 


Rensselaer.  §  196.  Every  corporation  operating  a  street 
surface  railroad  in  tlie  counties  of  Albany  and  Rensselaer 
shall  cause  the  front  and  rear  platforms  of  every  car  pro- 
pelled by  electricity,  cable  or  compressed  air,  during  the 
months  of  December,  January,  February  and  March,  except 
cars  attached  to  the  rear  of  other  cars,  to  be  inclosed  from 
the  front  and  at  least  one  side  of  the  platform  to  the  hood, 
so  as  to  afford  protection  to  any  person  stationed  by  such 
corporation  on  such  platforms  to  perform  duties  in  con- 
nection with  the  operation  of  such  cars.  Platforms  on 
cars  on  such  street  surface  railroads  used  more  than  one 
mile  outside  the  limits  of  a  city  shall  be  completely  inclosed 
from  platform  to  hood.  Every  corporation  using  and  oper- 
ating a  car  in  violation  of  this  section  shall  be  liable  to 
a  penalty  of  $25  per  day  for  each  car  so  used  and  oper- 
ated, to  be  collected  by  the  people  to  the  use  of  the 
poor  of  the  county  in  which  such  corporation  has  its  prin- 
cipal office,  in  an  action  brought  by  the  public  service 
commission  or  the  district  attorney  of  such  county.  The 
Supreme  Court  may,  on  the  application  of  a  citizen,  direct 
the  district  attorney  to  bring  such  action. 

Protection  of  employes  in  the  counties  of  Kings  and 
Queens.  §  197.  Every  corporation  operating  a  street  sur- 
face railroad  in  the  counties  of  Kings  and  Queens  shall 
cause  the  front  and  rear  platforms  of  every  passenger 
car  propelled  by  electricity,  cable  or  compressed  air,  ope- 
rated on  any  division  of  such  railroad  during  the  months 
of  December,  January.  February  and  March,  except  cars 
attached  to  the  rear  of  other  cars,  to  be  inclosed  from  the 
fronts  of  the  platforms  to  the  fronts  of  the  hoods  so  as 
to  afford  protection  to  any  person  stationed  by  such  cor- 
poration on  such  platforms  to  perform  duties  connected 
with  the  operation  of  such  cars.  Every  corporation  or 
person  using  and  operating  a  car  in  violation  of  this 
section  shall  be  liable  to  a  penalty  of  $25  per  day  for  each 
car  used  and  operated,  to  be  collected  in  an  action  brought 
by  the  public  service  commission  and  to  be  paid  to  the 
treasurer  of  the  city  of  New  York,  or  in  a  suit  by  the 
district  attorney  of  the  counties  of  Kings  and  Queens  to 
be  paid  into  the  treasury  of  the  city  of  New  York. 

Contracts  for  the  adjustment  of  payments  due  cities  of 
the  first  class.  §  198.  The  board  of  estimate  and  appor- 
tionment, or  if  such  board  do  not  exist,  the  local  authori- 
ties which  have  power  to  make  appropriation  of  moneys  to 
be  raised  by  taxation,  in  any  city  of  the  first  class,  shall 
have  the  power  In  their  discretion,  to  enter  into  a  contract 
or  contracts  on  behalf  of  the  city  with  any  railroad  corpo- 
ration or  corporations  owning  or  operating  street  surface 
railroads  or  other  railroads  in  such  city,  for  the  purpose 
of  adjusting  any  or  all  differences  now  existing  between 
such  corporation  or  corporations  and  such  city  with  respect 
to  car  license  fees,  percentages  upon  gross  earnings, 
rentals  and  any  other  payments,  other  than  taxes  upon 
real  and  personal  property  and  capital  stock,  payable  or 
claimed  to  be  payable  to  the  city  under  existing  Acts  of  the 
legislature,  municipal  ordinances,  grants  by,  or  contracts 
with,  the  municipal  authorities  or  otherwise;  and  any 
such  contract  may  provide  for  the  payment  of  an  annual 
amount  to  be  ascertained  as  in  such  contract  provided  In 
lieu  of  any  or  all  payments  of  any  of  the  classes  herein- 
before mentioned,  other  than  taxes.  Any  such  contract 
which  shall  be  with  a  corporation  operating  lines  of  rail- 
road by  lease  may  provide  for  an  annual  payment,  to  be 
ascertained  as  in  such  contract  provided,  which  shall  be 
In  lieu  of  any  or  all  of  the  payments  of  any  or  all  of 
said  classes,  other  than  taxes  upon  real  and  personal 
property  and  capital  stock,  which  would  otherwise  be  pay- 
able in  respect  of  the  leased  lines  so  long  as  the  lease  or 
leases  thereof  shall  continue.  The  annual  payments  pro- 
vided for  in  any  contract  made  under  the  authority  of  this 
section  shall,  so  long  as  such  contract  is  in  force,  super- 
sede the  payments  which  would  otherwise  be  payable  by 
the  corporation  or  corporations  making  such  contract  and 
in  lieu  of  which  the  annual  payments  provided  for  in  such 
contract  are  substituted.  Any  contract  made  hereunder 
may,  with  the  approval  of  the  municipal  authorities  by 
whom  the  contract  was  made  or  their  successors  in  office, 
be  modified  from  time  to  time  by  the  parties  thereto  for 
the  purpose  of  meeting  changed  conditions.  No  contract 
shall  be  made  or  modified  hereunder  without  the  written 
consent  and  approval  of  the  mayor  and  of  the  comptroller 
or  other  chief  financial  officer  of  the  city. 

Sale  of  unclaimed  property.     §  199.     It'shall  be  the  duty 


of  every  street  surface  railroad  corporation  doing  business 
in  this  State,  and  of  every  corporation  engaged  in  this 
State  in  the  business  of  carrying  passengers  for  hire  in 
cabs,  coaches,  or  other  similar  vehicles  or  of  letting  such 
vehicles  for  hire,  or  in  the  business  of  operating  a  line  of 
stages  or  omnibuses,  which  shall  have  unclaimed  property 
left  in  its  cars,  cabs,  coaches,  stages  or  other  similar 
vehicles,  to  ascertain  if  possible,  the  owner  or  owners  of 
such  property,  and  to  notify  such  owner  or  owners  of  the 
fact  by  mail  as  soon  as  possible,  after  such  property  comes 
into  its  possession.  Every  such  corporation  which  shall 
have  such  property  not  perishable,  in  its  possession  for  the 
period  of  three  months,  may  sell  the  same  at  public  auc- 
tion, after  giving  notice  to  that  effect,  by  one  publication, 
at  least  10  days  prior  to  the  sale,  in  a  daily  newspaper 
published  in  the  city  or  village  in  which  such  sale  is  to 
take  place,  of  the  time  and  place  at  which  such  sale  will 
be  held,  and  such  sale  may  be  adjourned  from  time  to 
time  until  all  the  articles  offered  for  sale  are  sold.  All 
perishable  property  so  left,  may  be  sold  by  any  such  cor- 
poration without  notice,  as  soon  as  it  can  be,  upon  the 
best  terms  that  can  be  obtained. 

Disposition  of  proceeds.  §  200.  All  moneys  arising  from 
the  sale  of  any  such  unclaimed  property,  after  deducting 
charges  for  storage  and  expenses  of  sale,  shall  be  paid  by 
any  such  corporation  to  the  treasurer  of  any  association, 
composed  of  the  employes  of  such  corporation,  having  :'or 
its  object  the  pecuniary  assistance  of  its  members  in  c£  se 
of  disability  caused  by  sickness  or  accident,  for  the  use  and 
benefit  of  such  association  and  its  members;  and  wh<  re 
no  such  association  of  the  employes  of  any  such  corpora- 
tion is  in  existence  at  the  time  of  any  such  sale,  such 
moneys  shall  be  paid  over  to  the  county  treasurer  of  tbe 
county  or  if  in  a  city,  to  the  chief  fiscal  officer  thereof,  in 
which  such  sale  took  place  for  the  benefit  of  such  city  or 
county. 

Construction  of  park  railroads  in  cities  having  a  po  lu- 
lation  of  1,500.000  or  upwards.  §  201.  For  the  purpose  of 
providing  for  the  more  speedy  transportation  of  persi  ns 
across  public  parks  in  the  cities  within  the  State  of  N  'W 
York  having  a  population  of  1,500,000  or  upwards  it  sh  ill 
be  lawful  for  the  municipal  authorities,  officers,  depE  rt- 
raents,  or  boards  having  control  of  such  parks  to  constri  ct 
railroads  in  and  upon  tunnels  or  roads  or  ways  depress  ed 
below  the  surface  of  said  parks  in  such  cities  in  this  Sta  ce, 
and  to  extend  the  same  east  or  west  to  connect  with  t  ny 
surface  railroads  in  such  cities,  now  in  existence,  and  w  th 
railroads  which  hereafter  may  be  built  by  companies  n  )W" 
chartered  and  existing,  and  to  conduct  in  the  name  of  si  ch 
cities,  with  any  pei-son  or  corporations  for  the  construct  on 
thereof,  and  for  the  equipment  and  running  of  the  sa  ne 
either  with  or  without  public  advertisement  upon  si  ch 
terms  and  conditions,  including  the  rates  of  fare  to  be 
charged  to  persons  using  such  railroads,  for  such  compen- 
sation to  be  paid  to  such  cities,  and  subject  to  such  ru  es, 
regulations  and  requirements  as  may  be  determined  u]  on 
in  said  contract,  and  as  the  department  or  board,  or  offi  :er 
having  charge  of  said  parks  may,  from  time  to  time,  th«  re- 
after  establish  or  impose. 

Consents  of  property  owners.     §  202.    No  railroads  shall  i 
be  constructed,  equipped  or  operated  by  virtue  of  the  ]  re- 
ceding section  except  upon  the  condition  that  the  conssnt 
of  the  owners  of  %  in  value  of  the  property  outside  of  said  I 
public  parks  bounded  on  and  the  consent  also  of  the  Icoal  I 
authorities  having  the  control  of  that  portion  of  a  streei  or  ■ 
highway  upon  which  it  is  proposed  to  construct,  opeiate  : 
or  extend  the  said  railroads  to  connect  with  any  surf  ice  i 
railroads  in  such  cities  be  first  obtained,  or  in  case  the 
consent  of  such  property  owners  cannot  be  obtaine.d,  the 
appellate  division  of  the  Supreme  Court  in  the  departacnt 
in  which  it  is  proposed  to  be  constructed  may,  upon  ajpU- 
cation,  appoint  three  commissioners,  who  shall  determne, 
after  hearing  of  all  parties  interested,  whether  the  ponion 
of  such  railroad  outside  of  said  public  parks  ought  to  be 
constructed    or    operated,    and    their    determination    'On- 
firmed  by  the  court  may  be  taken  in  lieu  of  the  consent 
of  the  property  owners. 

Expense  of  construction  and  operation.  §  203.  Wlien- 
ever  any  railroad  shall  be  constructed,  equipped  or  oper- 
ated under  §  201,  the  expense  of  such  construction,  and 
in  case  said  railroad  shall  be  equipped  and  operated  by 
such  city,  the  expense  of  such  equipment  and  operation 


Public  Service  Laws 


997 


shall  be  paid  by  the  municipal  corporation  within  which 
such  railroad  is  situate,  in  the  same  manner  as  the  other 
expenses  of  such  municipal  corporation  are  paid  and  pro- 
vided for. 

Agreements  for  payment  of  cost  of  construction  hy 
instalments.  §  204.  The  department,  board  or  officer  hav- 
ing control  of  such  public  parks  may  agree  with  the  person 
or  corporation  with  whom  any  contract  may  be  made  for 
the  construction,  equipment  and  operation  of  said  railroad 
that  the  cost  of  such  construction  shall  be  paid  by  such 
cities  in  instalments  out  of  the  compensation  which  such 
person  or  corporation  shall  agree  to  pay  to  such  cities 
under  any  such  contract  from  time  to  time  as  such  com- 
pensation shall  be  received. 

Disposition  of  income.  §205.  The  compensation  or  income 
which  shall  be  received  by  such  cities  from  such  railroad, 
except  as  the  same  may, be  otherwise  applied  pursuant  to 
the  provisions  of  the  preceding  section,  shall  be  paid  into 
the  treasury  thereof. 

Motive  power.  §  206.  Any  portion  of  any  railroad  con- 
structed, equipped  and  operated  under  §  201  may  be  oper- 
ated by  animal  or  horse  power  or  by  cable. 

Railroads  in  parks  in  'New  York  City,  'by  whom,  con- 
structed. %  207.  Whenever  any  railroads  shall  be  con- 
structed in  the  city  of  New  York,  under  the  provisions  of 
the  preceding  six  sections,  such  railroads  shall  be  con- 
structed by  the  department  of  public  parks  of  said  city 
with  the  concurrence  of  the  sinking  fund  commissioners 
of  said  city. 

Issue  of  bonds  by  comptroller.  §  208.  Whenever  any 
such  railroad  shall  be  constructed,  equipped  and  operated 
under  the  provisions  of  the  preceding  seven  sections  in 
the  city  of  New  York,  should  no  such  agreement  be  made 
as  is  provided  in  §  204  of  this  chapter,  it  shall  be  the  duty 
of  the  comptroller  of  said  city  from  time  to  time  upon  t'.ie 
request  of  the  sinking  fund  commissioners  to  issue  bonds 
or  stock  of  the  city  in  the  aggregate  sufficient  to  pay  the 
expense  of  such  construction,  equipment  or  operation, 
which  said  bonds  shall  be  paid  out  of  taxation  in  not  more 
than  10  years  from  the  date  of  their  issue  and  Hhall  bear 
interest  not  exceeding  4  per  centum  per  annum  and  shall 
be  sold  at  not  less  than  par.  and  the  cost  of  constructing, 
and  in  case  the  said  railroad  Is  equipped  and  operated  by 
said  city,  the  cost  of  equipping  and  operating  said  railroad 
shall  be  paid  out  of  the  proceeds  of  such  bonds  or  stocks. 

Change  of  motive  power  authorized.  §  209.  Any  rail- 
road company  having  the  right  to  use  any  railroad  now 
constructed  in  any  public  tunnel,  road  or  wav  depressed 
below  the  surface  of  and  wholly  within  any  public  park  in 
any  city  within  the  State  of  New  York  having  a  population 
of  1,500,000  or  upwards,  may  change  the  motive  power  and 
operate  any  such  railroad  by  cable  power,  underground 
current  of  electricity,  compressed  air,  or  any  other  mo- 
tive power  other  than  locomotive  steam  power  ♦than 
may  be  consented  to  by  the  authorities  having  control  of 
such  park  or  parks,  and  by  the  public  service  commission, 
and  may  make  changes  in  the  construction  of  the  road  or 
roadbed  or  other  property  made  necessary  by  the  change 
of  motive  power.  Such  reconstruction  shall  be  at  the  sole 
c6st  and  expense  of  the  railroad  company  making  such 
change,  and  when  completed  such  improved  railroad  shall 
be  the  property  of  the  municipal  corporation  having  con- 
trol of  such  public  tunnel,  road  or  depressed  way. 


I 


ARTICLE  6. 

RAPID   TRANSIT   ACT   OF   1875. 


§220.  Application  for  railroad:  commissioners. 

§  221.  Oath  and  bond  of  commissioners. 

§  222.  First  meeting  of  commissioners. 

§  22,"?.  Determination  of  necessity  of  railroad  and  route. 

§  224.  Adoption  of  plans,  and  terms  upon  which  road 
shall  be  built. 

§  225.  Appraisal  of  damages  and  deposit  of  money  as 
security. 

§226.  Shall  prepare  certificate  of  incorporation;  pro- 
viso as  to  forfeiture. 

§  227.  Organization. 

§228.  Commissioners  to  deliver  certificate;  aflldavit  of 
directors. 

§  229.  Powers. 

S  2^0.  Crossing  of  horse  railroad  track. 

§  231.  Where  route  coincides  with  another  route. 


§  232.     Commissioners  to  transfer  plans. 

§  233.  Commissioners  to  file  report;  confirmation 
thereof. 

§  234.     Pay  of  commissioners. 

§235.  Quorum;  term  of  office;  removal  vacancies  in 
board  of  commissioners. 

§236.  Abandonment  or  change  of  route;  new  commis- 
sioners; their  powers  and  proceedings. 

§  237.  Abandonment  of  portion  of  route  by  elevated 
railroad. 

§  238.  Increased  deposit,  when  and  how  required. 

§  239.  Trains  to  come  to  full  stop. 

§  240.  Gates  or  vestibule  doors. 

§  241.  Penalty  for  violation  of  two  preceding  sections. 

§  242.  Sections  to  be  printed  and  posted. 

§  243.  Extension  of  time. 

§  244.  Lighting  cars  on  elevated  railroads  in  cities  of 
over  1,200,000  inhabitants. 

Application  for  railroad — Commissioners.  §  220.  Upon 
the  application  of  at  least  fifty  reputable  householders  and 
taxpayers  of  any  county  or  city,  verified  upon  oath  before 
a  justice  of  the  Supreme  Court,  that  there  is  need  in  said 
county  or  city  of  a  steam  railroad  in  the  streets,  avenues 
and  public  places  thereof  for  the  transportation  of  passen- 
gers, mails  or  freight,  the  board  of  supervisors  of  such 
county  may,  within  30  days  thereafter  by  resolution,  ap- 
prove of  the  application,  and  authorize  its  presentation  to 
the  Supreme  Court,  and  if  the  railroad  is  to  be  built  wholly 
within  the  limits  of  a  city,  upon  the  application  of  a  like 
number  of  householders  and  taxpayers  of  the  city  to  the 
mayor  thereof,  such  mayor  may,  within  30  days  thereafter, 
indorse  upon  the  application  his  approval  and  direction 
that  it  may  be  presented  to  the  Supreme  Court,  and  if  the 
railroad  is  to  be  built  partly  within  the  limits  of  a  city 
and  partly  without,  such  application  shall  be  approved, 
both  by  the  mayor  of  the  city  and  the  board  of  supervisors 
of  the  county,  and  its  presentation  to  the  Supreme  Court 
authorized  by  them,  and  upon  the  presentation  of  such 
application  so  approved  and  authorized  to  a  special  term 
of  the  Supreme  Court,  held  in  the  district  where  such 
railroad  is  to  be  built,  or  some  part  thereof,  the  court  may 
appoint  five  commissioners,  residents  of  the  city  if  the 
railroad  is  to  be  built  wholly  within  the  city,  and  of  the 
county,  If  it  is  to  be  built  wholly  or  partly  outside  of  the 
limits  of  a  city,  to  determine  the  necessity  of  such  rail 
road,  the  route  thereof,  the  time  within  which  and  the 
conditions  upon  which  it  shall  be  constructed,  the  damages 
to  the  property  owners  along  the  line  thereof  and  all  the 
matters  lawfully  submitted  to  them,  and  discharge  the 
duties  imposed  upon  them  by  law. 

Oath  and  bond  of  commissioners.  §  221.  Within  10 
days  after  his  appointment,  and  before  entering  upon  the 
discharge  of  any  of  the  duties  of  his  office,  each  commis- 
sioner shall  take  and  subscribe  the  constitutional  oath  of 
office,  which  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  and  shall  execute  a  bond  to  the  people  of  the  State 
in  the  penal  sum  of  $25,000,  with  two  or  more  sureties, 
to  be  approved  by  a  justice  of  the  Supreme  Court  of  the 
department  in  which  the  railroad  is  to  be  built  and  con- 
ditioned for  the  faithful  performance  of  the  duties  of  the 
office,  which  bond  shall  be  filed  in  the  office  of  the  clerk  of 
the  county. 

First  meeting  of  commissioners.  §  222.  Within  15  days 
after  their  appointment,  the  commissioners  shall  meet  in 
some  convenient  place  in  the  county  or  city  and  organize 
themselves  as  a  board  with  appropriate  officers. 

Determination  of  necessity  of  railroad  and  route.  5  223. 
The  commissioners  shall,  within  thirty  days  after  such 
organization,  determine  upon  the  necessity  of  such  steam 
railroad,  and  If  they  find  it  to  be  necessary,  they  shall, 
within  sixty  days  after  such  organization,  fix  and  determine 
the  route  therefor,  and  shall  have  the  exclusive  power  to 
locate  such  route,  over,  under,  through  or  across  the 
streets,  avenues,  places  or  lands  in  such  county  or  city, 
and  to  provide  for  the  connection  or  junction  with  any 
other  railroad  or  bridge,  if  the  consent  of  the  owners  of 
one-half  in  value  of  the  property  bounded  on  and  the 
consent  of  the  local  authorities  having  control  of  that 
portion  of  a  street  or  highway  upon  which  it  is  proposed 
to  construct  or  operate  such  railroad  have  been  first  ob- 


998 


National  Association  of  Eailwat  Commissioners 


tained.  If  the  consent  of  such  property  owners  cannot 
be  obtained,  the  determination  of  three  commissioners 
appointed  by  the  appellate  division  of  the  Supreme  Court 
of  the  department  where  the  railroad  is  to  be  constructed, 
made  after  due.  hearing  of  all  parties  interested,  and  con- 
firmed by  the  court,  that  such  railroad  ought  to  be  con- 
structed and  operated,  may  be  taken  in  lieu  of  the  consent 
of  such  property  owners.  No  such  railroad  shall  •  be  lo- 
cated in  or  upon  such  portion  of  any  street,  avenue,  place 
or  lands  in  such  county  as  are  now  occupied  by  an 
elevated  or  underground  railroad  or  in  which  such  a  rail- 
road has  already  been  authorized  by  law  to  be  so  located 
and  constructed,  or  which  are  contained  in  public  parks, 
or  occupied  by  buildings  belonging  to  the  county  or  the 
State  or  the  United  States,  or  in  or  upon  the  following 
streets,  avenues  and  public  places,  viz.:  Broadway,  Fifth 
avenue,  Fourth  avenue  above  Forty-second  street,  in  the 
borough  of  Manhattan,  city  of  New  York;  Debevoise  place, 
Irving  place,  Lefferts  place,  those  portions  of  Grand, 
Classon  and  Franklin  avenues  and  Downing  street  lying 
between  the  southerly  line  of  Lexington  avenue  and  the 
northerly  line  of  Atlantic  avenue,  that  portion  of  Classon 
avenue  lying  between  the  northerly  line  'of  Lexington 
avenue  and  the  southerly  line  of  Park  avenue,  and  that 
portion  of  Washington  avenue  lying  between  Park  and 
Atlantic  avenues  in  the  borough  of  Brooklyn;  and  that 
portion  of  the  city  of  Buffalo  lying  between  Michigan  and 
Main  streets;  but  such  railroad  may  be  located  and  con- 
structed across  such  excepted  streets,  avenues  and  places 
only  at  their  intersection  with  other  streets,  avenues  and 
places. 

Adoption  of  plans,  and  terms  upon  which  road  shall  6e 
built.  §  224.  The  commissioners,  by  such  public  notice, 
and  under  such  conditions,  and  with  such  inducements  as 
they  may  prescribe,  shall  invite  a  submission  of  plans  for 
the  construction  and  operation  of  such  railroad,  and  shall 
meet  at  a  time  and  place  in  such  notice  named,  not  more 
than  90  days  after  their  organization,  and  decide  upon  the 
plans  for  the  construction  thereof,  with  the  necessary 
supports,  turnouts,  switches,  sidings,  connections,  landing- 
places,  stations,  buildings,  platforms,  stairways,  elevators, 
telegraph  and  signal  devices,  or  other  requisite  appliances, 
upon  the  route  or  location  determined  upon  by  them. 
They  shall,  upon  notice  to  the  local  authorities,  and  after 
hearing  all  parties  interested,  fix  and  determine  what 
compensation,  if  any,  in  a  gross  sum,  or  in  a  certain 
percentage  of  receipts,  shall  annually  be  paid  to  the  local 
authorities  by  the  corporation  formed  for  the  purpose  of 
constructing,  maintaining  and  operating  such  railroad  for 
public  use  in  the  conveyance  of  persons  and  property,  for 
the  use  and  occupation  by  the  corporation  of  the  streets, 
avenues  and  highways  in  and  upon  which  its  railroad  is 
to  be  constructed,  and  the  time  when  such  railroad,  or  a 
portion  thereof,  shall  be  constructed  and  ready  for  oper- 
ation, and  the  maximum  rates  to  be  paid  for  transporta- 
tion and  conveyance  thereon,  and  the  hours  during  which 
special  cars  or  trains  shall  be  run  at  reduced  rates  of  fare; 
and  the  amount  of  the  capital  stock  of  such  corporation, 
and  the  number  of  shares  into  which  it  shall  be  divided, 
and  the  percentage  thereof  to  be  paid  in  cash  on  sub- 
scribing for  such  shares. 

The  commissioners  may  select  two  or  more  routes, 
upon  one  of  which  such  railroad  may  be  constructed  and 
operated;  and  the  local  authorities  may  consent  to  the 
construction  and  operation  of  such  railroad  upon  one  or 
more  of  such  routes,  or  parts  thereof;  and  the  commission- 
ers shall  have  power  to  change  and  readopt  routes  and 
plans  for  the  construction  and  operation  of  such  railroad 
after  they  have  been  submitted  to  the  local  authorities,  in 
cases  where  such  authorities  may  recommend  such 
changes,  or  may  not  be  willing  to  consent  to  the  construc- 
tion or  operation  of  the  railroad  upon  the  routes  and  plans 
adopted,  unless  such  changes  are  made  therein. 

Appraisal  of  damages  and  deposit  of  money  as  security. 
i  225.  The  commissioners  shall,  within  110  days  after 
their  organization,  ascertain  and  determine  the  aggregate 
pecuniary  damage  arising  from  the  diminution  in  the  value 
of  the  property  bounded  on  that  portion  of  such  street  or 
streets,  highway  or  highways,  upon  which  it  is  proposed  to 
construct  and  operate  such  railroad  to  be  caused  by  the 
construction  and  operation  thereof.  For  that  purpose  they 
shall  view  the  several  parcels  of  real  property  so  bounded, 


and  shall  appraise  separately  the  pecuniary  damages  aris- 
ing from  such  diminution  in  value  of  each  parcel  thereof, 
and   for  the  purposes  of  such  appraisal  they  shall  give 
notice  of  the  time  and  place,  when  and  where  they  will 
meet  to  hear  the  owners  or  persons  interested  in  such  real 
property,  which  notice  shall  be  published  for  at  least  10 
days  consecutively  in  at  least  two  newspapers  in  the  county 
where  such  railroad  is  to  be  constructed,  and  shall  take 
such  material  testimony  upon  the  probable  diminution  in 
value  of  any  or  all  such  parcels  to  be  so  caused  as  may 
be  offered  by  or  in  behalf  of  any  person  or  party  interested 
therein,  and  the  aggregate  sum  of  the  amounts  so  appraised 
and  determined  by  them  shall  be  the  aggregate  pecuniary 
damage  required  to  be  ascertained  and  determined  as  above 
provided.     No  corporation  which  shall  hereafter  be  orga- 
nized under  this  article  shall  enter  upon  any  street,  high- 
way or  lane  therein,  until  it  shall  first  have  deposited  with 
some  trust  company,  to  be  designated  by  the  mayor  of  the 
city  within  which  it  is  proposed  to  construct  the  railroad 
or  any  part  thereof,  and  by  the  board  of  supervisors,  when 
the  road  does  not  lie  wholly  within  a  city,  a  sum  of  money 
equal  to  the  amount  so  ascertained  and  determined  by  the 
commissioners  to  be  the  aggregate  pecuniary  damage  to 
such  property  within  the  city,  or  within  the  county  outside 
of  any  city,  or  shall  have  secured  the  payment  of  sue  a 
amount  by  depositing  with  such  trust  company  negotiable 
securities,  equivalent  at  their  par  and  actual  value  to  sucti 
aggregate  amount,  and  approved  by  the  mayor  of  the  city 
in  which  such  road  Is  wholly  or  in  part  located,  and  by  the 
county  treasurer  of  the  county  if  the  road  is  located  wholl  y 
or  in  part  outside  of  the  limits  of  such  city.     The  court 
may  accept  in  lieu  of  the  deposit  of  money  or  securitica 
herein  required  the  bond  of  the  corporation,  with  two  cr 
more  sureties,  to  be  approved  by  the  court,  to  the  efted 
that  the  corporation  before  constructing  or  operating  il9 
railroad  in  front  of  any  premises,  shall  pay  to  the  ownc  r 
of  the  real  property  all  the  damages  sustained,  or  whic  i 
will  be  sustained  by  him,  as    fixed    and    determined    b .' 
such  commissioners,  and  the  costs  allowed,  if  any.     Sue  i 
bond  shall  be  in  a  sum  double  the  amount  of  such  damage  , 
and  the  sureties  shall  justify  in  the  aggregate  to  an  amour  t 
equal  to  the  amount  of  such  bond.    Such  corporation  sha  1 
also,  at  the  same  time,  deposit  with  such  trust  company  c  r 
with  the  county  treasurer,  as  the  commissioners  may  direc  , 
the  sum  of  $5,000  in  cash,  for  the  payment  of  the  expens  ; 
of  apportioning  and  distributing  such  fund.     Unless  sue  i 
moneys  or  securities  shall  be  deposited  by  such  corporatio  i 
within  one  year  after  it  shall  have  obtained  the  consent  (  t 
the  local  authorities,  and  of  the  property  owners  or  th  > 
confirmation    by    the    appellate    division    of   the    Suprem : 
Court  of  the  determination  of  three  commissioners  in  lie  i 
thereof,  and  in  the  case  of  a  corporation  organized  pric  - 
to  May  18,  1892,  within  one  year  after  it  shall  have  obtains  1 
the  confirmation  by  the  appellate  division  of  the  Supren:  i 
Court  of  the  report  of  three  commissioners  in  lieu  of  tl:  i 
consent  of  property  owners,  or  within  one  year  after  th  ; 
commissioners  appointed  to  ascertain   and   determine   tl  ? 
aggregate  pecuniary  damages  as  provided   in   this  artice 
shall  have  made  their  report,  then  such  corporation  sha  1 
be  deemed  not  to  have  accepted  the  franchises  grantei. 
Where  the  commissioners  shall  fix  and  determine  differei  i 
periods   of  time   within   which   different  sections   of  sue 
railroad  shall  be  constructed  and  ready  for  operation,  thi 
shall  ascertain,  determine  and  report  separately  the  aggi- 
gate  pecuniary  damage  to  property  bounded  upon  that  po 
tlon  of  such  street  or  streets  upon  which  each  of  sue  :i 
sections  is  located.    Upon  the  deposit  by  the  corporation  ;  s 
above  provided  of  moneys  or  securities  equivalent  to  tl  e 
aggregate  pecuniary  damage  to  be  sustained  by  any  one  if 
such  sections,  or  of  any  bond  given  in  lieu  thereof,  it  shall 
immediately  be  vested  with  the  right  and  privilege  to  co  i- 
struct  its  railroad  through  such  section. 

Shall  prepare  certificate  of  incorporation — Proviso  as  o 
forfeiture.  §  226.  The  commissioners  shall  prepare  s  n 
appropriate  certificate  of  incorporation  for  the  corporatie  n 
in  the  last  section  mentioned  in  which  shall  be  set  forlh 
and  embodied,  as  component  parts  thereof,  the  several  coa- 
dltions,  requirements  and  particulars  by  such  commlssioa- 
ers  determined  pursuant  to  the  provisions  of  this  article, 
and  which  shall  also  provide  for  the  release  and  forfeiture 
to  the  supervisors  of  the  county,  or  if  the  road  is  to  be 
constructed  wholly  or  partly  within  a  city,  to  such  city, 
of  all  rights  and  franchises  acquired  by  such  corporation  in 
case   such   railroad   or  railroads   shall   not   be  completed 


Public  Service  Laws 


999 


within  the  time  and  upon  the  conditions  therein  provided; 
and  the  commissioners  shall  thereupon  and  within  120  days 
after  their  organization  cause  a  suitable  book  of  subscrip- 
tion to  the  capital  stock  of  such  corporation  to  be  opened 
pursuant  to  due  public  notice  at  a  banking  office  in  such 
county  or  city.  A  failure  by  any  corporation  heretofore 
or  hereafter  organized  under  this  article  to  complete  its 
railroad  within  the  time  limited  in  and  by  its  certificate  of 
Incorporation  shall  only  work  a  forfeiture  of  the  fran- 
chises of  such  corporation  with  respect  to  that  portion  of 
Its  route  which  such  corporation  shall  have  failed  to  com- 
plete, and  shall  not  affect  the  rights  and  franchises  of  such 
corporation  to  construct  and  operate  such  part  of  its  rail- 
road which  it  shall  have  completed  within  the  term  pre- 
scribed by  its  certificate  of  incorporation,  or  as  to  which 
the  time  for  completion  shall  not  have  expired,  notwith- 
etanding  anything  to  the  contrary  in  its  certificate  of  incor- 
poration. 

Organization.  §  227.  Whenever  the  whole  capital  stock 
of  such  corporation  or  an  amount  of  such  capital  stock  pro- 
portioned to  the  part  of  such  railroad  directed  by  the  com- 
missioners to  be  constructed  shall  have  been  subscribed  by 
not  less  than  15  persons,  and  the  fixed  percentage  of  such 
subscriptions  shall  have  been  paid,  in  cash,  the  commis- 
sioners shall,  by  written  or  printed  notice  of  10  days,  served 
personally  or  by  mail,  call  a  meeting  of  such  subscribers 
for  organization,  and  appoint  the  inspectors  of  election  to 
serve  thereat.  At  such  meeting,  or  at  any  subsequent  one 
to  which  the  same  may  be  adjourned,  a  majority  in  num- 
ber and  amount  of  such  subscribers  may  elect  persons,  of  a 
number  to  be  theretofore  determined  by  the  commissioners 
not  less  than  nine,  who  shall  be  directors  for  one  year  of 
the  corporation  formed  for  the  purposes  of  constructing  and 
operating  such  railroad. 

Commissioners  to  deliver  certificate — Affidavit  of  direct- 
ors. §  228.  Within  10  days  after  the  election  of  such 
directors  the  commissioners  shall  deliver  to  them  a  certifi- 
cate in  duplicate,  verified  by  the  oath  of  three  commission- 
ers, before  a  justice  of  the  Supreme  Court,  setting  forth 
the  certificate  of  incorporation  and  the  organization  of  the 
corporation  for  the  purposes  therein  mentioned,  and  within 
five  days  after  the  reception  by  them  of  such  certificates, 
three  of  the  directors  so  elected  shall  make  affidavit  in 
duplicate  that  the  full  amount  of  stock  has  been  subscribed 
in  good  faith  to  construct,  maintain  and  operate  the  rail- 
road or  railroads  in  such  certificate  of  incorporation  men- 
tioned, and  such  directors  shall  file  such  affidavits  and  cer- 
tificate in  the  office  of  the  secretary  of  State,  and  a  dupli- 
cate of  the  same  in  the  office  of  the  clerk  of  the  county 
wherein  such  railroad  shall  be  located;  and  thereupon  the 
persons  who  have  so  subscribed  such  certificate  of  incor- 
poration and  all  persons  who  shall  become  stockholders  in 
iuch  corporation  shall  be  a  corporation  by  the  name  speci- 
fied in  such  certificate,  and  be  subject  to  the  duties,  liabili- 
ties and  restrictions  of  said  corporations. 

Powers.  §  229.  Subject  to  the  provisions  of  the  public 
service  commission  law,  every  such  corporation  shall 
have  power,  in  addition  to  the  powers  conferred  by  the 
general  and  stock  corporation  laws  and  by  subdivisions 
two,  five  and  seven  of  §  8  of  this  chapter: 

1.  To  take  and  convey  persons  and  property  on  its 
railroad  by  the  power  or  force  of  steam  or  by  any  motor 
other  than  animal  power,  and  to  receive  compensation 
therefor. 

2.  To  enter  upon  and  underneath  the  several  streets, 
avenues  and  public  places  and  lands  designated  by  the 
commissioners,  and  enter  into  and  upon  the  soil  of  the 
same,  to  construct,  maintain,  operate  and  use  in  accord- 
ance with  the  plan  adopted  by  the  commissioners,  a  rail- 
road upon  the  route  or  routes  and  to  the  points  decided 
upon  and  to  secure  the  necessary  foundations  and  erect 
the  columns,  piers  and  other  structures  which  may  be 
required  to  secure  safety  and  stability  in  the  construction 
and  maintenance  of  the  railroad  constructed  upon  such 
plan  and  for  operating  the  same;  and  to  make  such  exca- 
vations and  openings  along  the  route  through  which  such 
railroad  shall  be  constructed  as  shall  be  necessary  from 
time  to  time.  In  all  cases  the  surface  of  the  streets  around 
such  foundations,  piers  and  columns  shall  be  restored  to 
the  condition  in  which  they  were  before  such  excavations 
were  made,  as  near  as  may  be,  and  any  interference  with 
or  change  in  the  water  mains,  or  in  the  sewers  or  lamp 
posts,   except   such   changes   as   may   be   made   with   the 


concurrence  of  the  proper  department  or  authority,  shall  « 
be  avoided;  and  the  use  of  the  streets,  avenues,  places  and 
lands  designated  by  the  commissioners  and  the  right  of 
way  through  the  same  for  the  purpose  of  a  railroad,  as 
herein  authorized,  shall  be  considered  and  is  hereby  de- 
clared to  be  a  public  use,  consistent  with  the  uses  for  which 
the  roads,  streets,  avenues  and  public  places  are  publicly 
held.  No  such  corporation  shall  have  the  right  to  acquire 
the  use  or  occupancy  of  public  parks  or  squares  in  any 
such  city  or  county,  or  the  use  or  occupancy  of  any  of 
the  streets  or  avenues,  except  such  as  may  have  been 
designated  for  the  route  or  routes  of  such  railroad,  and 
except  such  temporary  privileges  as  the  proper  authorities 
may  grant  to  such  corporations  to  facilitate  such  con- 
struction, and  no  such  railroad  shall  be  constructed  across 
the  track  of  any  steam  railroad  now  in  actual  operation  at 
the  grade  thereof,  nor  shall  any  piers  or  supports  for  any 
elevated  railroad  be  erected  upon  a  railroad  track  now 
actually  in  use  in  any  street  or  avenue;  and  no  such  cor- 
poration shall  construct  a  street  surface  railroad  to  run  in 
whole  or  in  part  upon  the  surface  of  any  street  or  highway 
under  the  provisions  of  ihis  article. 

Crossing  of  horse  railroad  track.  §  230.  Whenever  the 
route  selected  by  the  commissioners  for  the  construction 
of  such  railroad  shall  intersect,  cross  or  coincide  with  any 
horse  railroad  track  occupying  the  surface  of  the  street 
or  avenues,  such  railroad  corporation  is  hereby  authorized 
to  remove,  for  the  purpose  of  constructing  its  road,  the 
tracks  of  such  horse  railroad;  but  the  same  shall  be  done 
in  such  manner  as  to  interfere  as  little  as  possible  with 
their  practical  operation  or  working,  and  upon  the  con- 
struction of  such  railroad,  where  such  removals  or  changes 
have  been  made,  the  same  shall  be  restored  as  near  as 
may  be  to  the  condition  in  which  they  were  previous  to  the 
construction  of  such  railroad.  All  such  removals  and 
restorations  shall  be  made  at  the  proper  cost  and  charges 
of  such  corporation,  but  no  authority  is  herein  given  to  any 
such  corporation  to  use  the  tracks  of  any  horse  railroad. 

Where  route  coincides  with  another  route.  §  231.  When- 
ever the  route  or  routes  determined  upon  by  the  commis- 
sioners coincide  with  the  route  or  routes  covered  by  the 
charter  of  an  existing  corporation,  formed  for  the  purpose 
of  constructing  and  operating  such  a  railroad,  and  it  has 
not  forfeited  its  charter  or  failed  to  comply  with  the 
provisions  thereof,  requiring  the  construction  of  a  road  or 
roads  within  the  time  therein  prescribed,  such  corporation 
shall  have  the  like  power  to  construct  and  operate  such 
railroad  upon  the  fulfillment  of  the  like  requirements  and 
conditions  imposed  by  the  commissioners  as  a  corporation 
specially  formed  under  this  article,  and  the  commissioners 
may  fix  and  determine  the  route  or  routes  by  which  any 
elevated  steam  railroad  now  in  actual  operation  may  con- 
nect with  other  steam  railroads  or  the  depots  thereof,  or 
with  steam  ferries,  upon  making  compensation  therefor, 
and  in  case  such  corporations  cannot  agree  with  the  own- 
ers of  such  steam  railroads,  depots  or  ferries  upon  the 
amount  of  such  compensation,  and  such  owners  may  be 
entitled  to  compensation  therefor,  the  amount  of  such 
compensation  shall  be  ascertained  and  paid  in  the  manner 
prescribed  in  the  condemnation  law,  and  upon  fulfillment 
by  such  elevated  railroad  corporation,  so  far  as  it  relates 
to  such  connection,  of  the  requirements  and  conditions 
imposed  by  this  article,  it  shall  possess  all  the  powers  con- 
ferred by  §  229  of  this  article,  and  when  any  connecting 
route  or  routes  shall  be  so  designated,  such  elevated  rail- 
road corporation  may  construct  such  connection  with  all 
the  rights  and  with  like  effect  as  though  the  same  had 
been  part  of  the  original  route  of  such  railroad. 

Commissioners  to  transfer  plans.  §  232.  Within  one 
month  after  such  corporation  shall  have  been  formed  and 
organized  in  the  manner  hereinbefore  provided,  the  com- 
missioners shall  transfer  and  deliver  to  the  corporation  all 
plans,  specifications,  drawings,  maps,  books  and  papers  in 
their  possession,  and  they  shall,  within  the  like  period  of 
one  month  after  the  organization  of  such  corporation, 
cause  to  be  paid  to  the  treasurer  thereof  all  money  col- 
lected under  the  provisions  of  this  article,  after  deducting 
therefrom  the  necessary  expenses  incurred  by  the  com- 
missioners and  the  amounts  due  to  them  for  their  salaries. 

Commissioners  to  file  report  —  Confirmation  thereof. 
I  233.  The  commissioners  shall,  within  140  days  after  their 
appointment,   make   a   report   to   a   special   term   of   the 


1000 


National  Association  of  Railway  Commissionebs 


•  Supreme  Court  of  the  department  In  which  such  railroad 
may  be  located,  of  the  amount  of  the  pecuniary  damages 
arising  from  the  diminution  of  value  of  each  parcel  of 
property  bounded  on  that  portion  of  the  street  or  streets, 
highway  or  highways,  upon  which  it  is  proposed  to  con- 
struct such  railroad  or  railroads,  which  will  be  caused  by 
the  construction,  maintenance  and  operation  thereof.  The 
name  and  place  of  residence  of  the  owner  or  owners  o£ 
each  parcel  shall  be  stated  if  the  same  are  known,  or  can 
be  ascertained,  and  if  not  known  the  name  of  the  person 
or  persons  appearing  by  the  certificate  of  the  clerk  or 
register  of  the  county  to  have  the  title  thereto  from  the 
records  in  his  office,  and  a  specific  description  of  each 
parcel  of  property  with  reasonable  certainty.  The  testi- 
mony, if  any,  taken  by  the  commissioners  as  to  the  amount 
of  such  damage,  shall  accompany  their  report.  Within 
thirty  days  after  filing  and  recording  its  certificate  of 
Incorporation,  the  corporation  authorized  to  construct  and 
operate  such  railroad  or  railroads  shall  move  to  confirm 
such  report  by  giving  notice  of  such  motion  to  the  property 
owners  in  the  manner  in  which  notice  of  the  time  and 
place  of  hearing  before  the  commissioners  is  required  by 
§  225  of  this  article  to  be  given,  and  if  the  corporation 
fails  to  so  move,  any  property  owner  may  make  the  motion; 
and  thereafter  the  proceedings  shall  be  conducted  in  the 
manner  prescribed  in  the  condemnation  law. 

Before  constructing  and  operating  its  railroad  in  front 
of  any  real  property  bounded  upon  any  street,  avenue  or 
public  place  wherein  the  corporation  is  authorized  by  the 
certificate  and  report  of  the  commissioners  to  construct 
and  operate  its  road,  such  corporation  shall  pay  to  the 
owner  of  the  real  property  the  damages  sustained  or  which 
will  be  sustained  by  him  in  consequence  thereof,  as  finally 
fixed  and  ascertained,  and  the  costs  allowed  him,  if  any, 
and  the  court  may  direct  that  such  damages  be  paid  out 
of  the  moneys  deposited  pursuant  to  the  provisions  of 
§  225  of  this  article,  or  in  case  negotiable  securities  shall 
have  been  deposited  in  lieu  of  money,  that  so  much  of  such 
securities  shall  be  sold  as  may  be  necessary  to  raise  the 
amount  required  to  be  paid  to  such  owner  for  damages 
and  costs,  if  any.  If  a  bond  shall  have  been  executed  in 
lieu  of  such  deposit,  the  court  may  order  the  sureties  in 
such  bond  to  pay  the  damages  so  fixed  and  ascertained, 
and  In  default  thereof  may  cause  them  to  be  proceeded 
against  and  punished  as  for  a  contempt  of  court. 

Pay  of  commissioners.  §  234.  Each  of  the  commission- 
ers shall  be  paid  for  his  services  at  the  rate  of  $10  per  day 
for  each  day  of  actual  service  as  such  commissioner,  and 
all  espenses  necessarily  incurred  by  him  In  the  discharge 
of  his  duties,  to  be  paid  by  such  corporation,  but  if  a  suffi- 
cient amount  of  capital  stock  shall  not  be  subcribed  within 
one  year  after  the  appointment  of  such  commissioners  to 
authorize  the  formation  of  such  corporation,  the  commis- 
sioners shall  receive  no  salary,  and  shall  cause  to  be  re- 
turned to  the  subscribers  for  such  stock  the  amounts  paid 
In  by  them,  after  deducting  therefrom  the  necessary  ex- 
penses incurred  by  the  commissioners,  but  the  time,  if  any, 
unavoidably  consumed  by  the  pendency  of  legal  proceed- 
Ipgs  shall  not  be  deemed  a  part  of  any  period  of  time  lim- 
ited by  this  article. 

Quorum — Term  of  Office — Removal — Vacancies  in  hoard 
of  commissioners.  §  235.  A  majority  of  the  members  of 
any  board  of  commissioners  appointed  under  this  article 
shall  he  a  quorum  for  the  transaction  of  any  business  or 
the  performance  of  any  duty  or  function,  or  the  exercise 
of  any  power,  conferred  or  enjoined  upon  them.  Any  com- 
missioner may  be  removed  for  cause  at  any  time  by  the 
power  appointing  him,  but  no  commissioner  shall  be  re- 
moved without  due  notice  and  an  opportunity  to  be  heard 
in  defense;  and  no  commissioner  thus  removed  Is  or  shall 
be  eligible  to  be  again  appointed  to  the  office  of  commis- 
sioner. In  case  of  the  death,  resignation  or  removal  from 
'  oflice  of  any  commissioner  the  vacancy  shall  be  filled  by 
the  power  appointing  him,  within  30  days  after  such  re- 
moval, or  within  30  days  after  notice  in  writing  to  such  ap- 
iwlntlng  power  given  by  some  member  of  the  board,  or  by 
the  corporation  hereinafter  mentioned,  of  such  death  or 
resignation,  and  a  certificate  of  every  such  appontment 
shall  be  filed  as  hereinbefore  required.  Except  as  other- 
wise provided  by  law,  the  terms  of  oflfice  of  the  commis- 
sioners shall  determine  and  expire  with  the  performance 
of  their  functions  as  hereinabove  prescribed. 


Abandonment  or  change  of  route — New  commissioners — 
Their    powers    and    proceedings.     §  236.     Any    corporation 
heretofore  organized   or  hereafter  to   be   organized   under 
this  article,  its  successor  or  assigns,  which  shall  have  con- 
structed or  put  in  operation  a  railroad  upon  a  part  and  not 
upon  the  whole  of  the  route  fixed,  determined  and  located 
for  such  railroad  by  a  board  of  commissioners,  may  at  any 
time  apply   for  authority  to  abandon  any  portion  of  the 
route  upon  which  the  railroad  shall  not  have  been  thereto- 
fore constructed  or  shall  not  then  be  in  operation,  with  or 
without  a  change  and  relocation  of  such  portion,  and  with 
or  without  extension  of  the  portion  not  abandoned,  or  of 
any  part  thereof.     Such  application  shall  be  made  by  peti- 
tion   in    writing,    addressed    by    such    corporation    to    the 
board  of  supervisors  of  the  county  in  which  such  portion 
of  the  route  so  desired  to  be  changed  or  abandoned  shall 
be  situated,  which  is  not  within  the  limits  of  any  city,  or 
if   such   route,   or   any   part   thereof,    shall  be   within    the 
limits  of  a  city,  to  the  mayor  of  the  city,  for  the  route  or 
portion  thereof  within  such  city.    Five  commissioners  may 
be  appointed  pursuant  to  such  an  application  as  hereinaf  .er 
provided,  who  shall  be  residents  of  the  county  or  city  and 
who  shall  have  full  power  as  herein  provided.    When  such 
application  is  made  by  a  corporation  heretofore  organised 
such  commissioners  may  be  appointed  within  30  days  after 
presentation  of  the  such  board  of  supervisors,  or,  as  '  he 
case  may  be,  by  such  mayor.     When  such   application  Is 
made   by   a   corporation  hereafter  to   be   organized   under 
this  article,  such  board  of  supervisors,  or,  as  the  case  rt  ay 
be,  such  mayor,  may  within  30  days  after  presentation  of 
such  application,  indorse  thereon  their  or  his  approval  and 
direction  that  it  may  be  presented  to  the  Supreme  Co  irt 
in  the  manner  provided  in  §  220  of  this  article,  and  s<  ch 
court  may  thereupon  appoint  such  commissioners.     Witiin 
10   days  after  his  appointment  each  commissioner   so   ap- 
pointed shall  take,  subscribe  and  file  the  oath  and  give  i  nd 
file  the  bond  prescribed  by  §   221   of  this  article;   and   if 
any  one  so  appointed  shall  not  comply  with  this  requ:  re- 
ment,  he  shall  be  deemed  to  have  declined  to  accept  si  ch 
appointment,  and  to  have  made  a   vacancy  which  the   ip- 
pointing  power  shall  fill  by  another  appointment  as  her  >in 
provided.     Within  15  days   after  such  appointments  si  all 
have  been  so  made,  the  commissioners  shall  meet  at  so  ne 
convenient  place  in  such  county  and  complete  their  org  in- 
ization  as  a  board  with  appropriate  oflficers.     Such  bo  ^rd 
shall  have  all  the  authority  conferred   by  law  upon  c  m- 
missioners  appointed,  or  authorized  to  be  appointed  un  ler 
this  article.     Before  proceeding  to  hear  the  application  of 
the  corporation,  the  board  shall  give  such  public  notice  as 
it  may  deem  most  proper  and  effective  of  the  time  ■  nd 
place  of  the   hearing.     Within  30  days   after  complelinsf 
their  organization  such  board  shall  hear  the  appllcatioi  of 
the  corporation,  and   all  parties  who  may  be   interested 
therein,  and  within  60  days  after  their  organization  t  ley 
shall  determine  whether  any  part  of  such  route  should  be 
authorized  to  be  abandoned,  or  should  be  changed  and  re- 
located with  or   without  extension  or   extensions.     If  the 
board  shall  determine  that  no  abandonment  of  any  par    of 
the  route  should  be  allowed,  and  that  no  change  and  re- 
location of  any  part  thereof  should  be  effected,  and  '  hat 
no  extension  should  be  made,  the  board  shall  dismiss  the 
application.    If  the  board  shall  determine  that  an  abanilon- 
ment  of  any  portion  of  the  route  should  be  allowed,  or    hat 
any  change  therein  or  extension  thereof  should  be  m  ide, 
the  board  shall  proceed  to  authorize  and  require  the  s  ime 
upon  such  conditions  as  to   the  board  shall  seem  proper, 
and   with  or  without  extension  of  the   remainder  of  the 
route  or  of  any  part  thereof,  by  fixing,   determining  and 
locating  the  route  or  routes  of  the  extension  or  extensions, 
if  any,  and  by  directing  the  abandonment  of  the  part  of 
the  route  theretofore  located,  but  by  the  board  allowed  to  be 
abandoned,  if  any,  and  by  fixing,  determining  and  reh'cat- 
ing  the  part  of  the  route  theretofore  located,  but  by  the 
board  changed,  if  any;    and   the  board  shall  cause  to  be 
made  in  duplicate  a  survey  and  map  of  the  route  a?  so 
changed  and  fixed,  determined  and  located.    Neither  such 
corporation  nor  any  assign  or  successor  thereof  shall  there- 
after have  any  authority,  by  reason  of  anything  done  under 
this  article,  to  operate  or  construct  any  railroad  upon  any 
portion  of  the  route  by  the  board  so  required  to  be  aban- 
doned.    The  board  shall  also  fix   and  determine  the  time 
within   which   the   railroad  by  it   authorized   and   required 
upon  any  portion  of  the  route  so  changed,  shall  be  recon- 


Public  Service  Laws 


1001 


structed  and  ready  for  operation.  If  the  railroad  on  any 
portion  of  the  route  not  by  the  board  changed  or  allowed 
/  to  be  abandoned,  shall  not  have  been  theretofore  con- 
structed and  made  ready  for  operation,  the  board  may  ex- 
tend, and  fix  and  determine  anew  the  time  within  which 
Buch  railroad  shall  be  completed,  but  such  extension  of 
time  shall  not  be  for  a  longer  period  than  that  originally 
allowed  by  law  for  the  completion  thereof.  If  the  board 
shall  have  determined  that  any  portion  of  the  route  there- 
tofore located  should  be  allowed  to  be  abandoned,  with  or 
without  a  change  or  relocation  thereof  or  any  part  thereof, 
and  with  or  without  extension,  or  if  the  board  shall  have 
extended  the  time  within  which  such  railroad  shall  be 
completed,  the  board  shall  make  a  report  in  writing  In  ac- 
cordance with  the  determination  so  made,  describing  the 
portion  of  the  route,  if  any  there  be,  as  so  fixed,  determined 
and  located  anew,  and  the  part,  if  any  there  be,  of  the 
route  allowed  to  be  abandoned,  and  stating  the  period  of 
time,  if  any,  by  the  board  fixed  and  determined  within 
which  such  corporation  shall  construct  and  complete  the 
railroad  theretofore  authorized  or  by  it  authorized  to  be 
constructed,  and  prescribing  that  a  failure  by  the  corpora- 
tion, its  successors  or  assigns,  to  complete  It  within  the 
time,  if  any,  so  limited,  shall  work  a  forfeiture  to  the  super- 
visors of  the  county  if  no  part  of  the  road  is  within  a  city, 
or  in  any  city,  to  such  city,  of  the  rights  and  franchises  ol 
luch  corporation  with  respect  to  that  portion  of  the  rout* 
so  fixed,  determined  and  located  anew,  and  with  respect 
to  the  then  authorized  extension  or  extensions,  if  any 
there  be  of  said  route,  upon  which  a  railroad  shall  not  be 
constructed  within  the  time  so  limited;  but  the  time,  If 
any,  unavoidably  consumed  by  the  tendency  of  legal  pro- 
ceedings, shall  not  be  deemed  a  part  of  any  period  of  time 
limited  in  this  article,  and  any  recital  of  any  forfeiture 
of  any  of  the  rights  or  franchises  prescribed  by  any  com- 
missioners heretofore  appointed,  to  be  to  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New  York,  shall  be 
as  effectual  for  any  and  all  purposes  as  if  such  forfeiture 
had  been  in  terms  recited  to  be  to  the  board  of  supervisors 
of  the  county  of  New  York.  Such  report  shall  be  signed  In 
duplicate  by  at  least  a  majority  of  the  then  members  of  the 
board,  and  there  shall  be  thereto  annexed  the  survey  and 
map  as  hereinbefore  directed,  showing  the  line  and  loca- 
tion of  each  and  all  the  routes,  with  or  without  the  exten- 
sion or  extensions,  as  fixed,  determined  and  located,  and 
showing  also  the  parts  or  part,  if  any  there  shall  be,  of  the 
route  or  routes  as  theretofore  fixed,  determined  and  lo- 
cated, but  by  the  board  allowed  to  be  abandoned.  Within 
10  days  after  so  signing  such  report  the  board  shall  cause 
the  same  to  be  filed  in  the  office  of  the  secretary  of  State, 
and  the  duplicate  thereof  in  the  office  of  the  clerk  of  the 
county  wherein  such  railroad  shall  be  located;  and  there- 
upon the  corporation  making  such  application,  its  suc- 
cessors or  assigns,  is  and  shall  be  authorized  to  construct, 
maintain  and  operate  a  steam  railroad  for  the  transporta- 
tion of  passengers,  mail  and  freight,  upon  the  route  or 
loutes  so  fixed,  determined  and  located,  and  in  said  report 
described,  but  the  construction  or  operation  of  a  railroad 
upon  any  new  location  or  selection  of  route  is  not 
and  shall  not  be  thus  authorized  except  upon  the  condi- 
tion that  the  consent  of  the  owners  of  %  in  value  of  the 
property  bounded  on.  and  the  consent  also  of  the  local 
authorities  having  control  of  that  portion  of  a  street  or 
highway  upon  which  it  is  proposed  to  construct  or  operate 
such  railroad  be  first  obtained  or  in  case  the  consent  of 
such  property  owners  cannot  be  obtained,  that  the  deter- 
mination of  three  commissioners,  to  be  upon  application 
appointed  by  the  appellate  division  of  the  Supreme  Court 
in  the  department  in  which  such  railroad  Is  proposed  to 
be  constructed,  be  given  after  a  hearing  of  all  parties  in- 
terested that  such  railroad  ought  to  be  constructed  or 
operated,  which  determination,  confirmed  by  the  court, 
may  be  taken  in  lieu  of  the  consent  of  the  property  own- 
ers. Such  corporation  is  and  the  successors  and  assigns 
thereof  shall  be  authorized  to  maintain  and  operate  all  the 
railroads  and  the  appurtenances  thereof  by  it  or  them 
theretofore  constructed  upon  any  portion  of  a  route  or 
routes  which  shall  have  been  located  by  commissioners 
under  this  article,  and  to  complete  within  the  time  in  and 
by  such  report  so  extended,  fixed  and  determined  anew, 
and  thereafter  to  maintain  and  operate,  the  railroad  and 
the  appurtenances,  upon  so  much  of  the  route  or  routes 
theretofore  fixed,  determined  and  located  as  shall  not  have 


been  so  authorized  and  required  to  be  abandoned,  and  with 
the  same  rights  and  effect,  in  ail  respects,  as  if  such  ex- 
tended period  of  time  had  been  originally  fixed  and  deter- 
mined, and  in  the  original  certificate  of  incorporation  of 
such  corporation  recited,  for  completing  such  railroad 
and  putting  it  in  operation.  The  other  terms  and  condi- 
tions In  and  by  such  certificate  mentioned  and  prescribed, 
except  as  the  same  are  hereinbefore  modified  or  may  be 
modified  by  the  board  as  hereinbefore  authorized,  shall 
apply  to  the  railroad  herein  aathorized  to  be  constructed 
and  operated  upon  the  route  or  routes  as  so  changed, 
fixed,  determined  and  located,  with  the  same  force  and 
effect  as  if  such  route  or  routes,  as  finally  so  changed  and 
located,  had  been  in  and  by  such  articles  or  certificates 
themselves  prescribed.  If  a  new  location  or  extension  of 
routes  shall  be  fixed  and  determined  by  commissioners 
who  shall  have  been  appointed  by  the  court  pursuant  to 
this  section,  they  shall  also  ascertain  and  determine  the 
aggregate  pecuniary  damages  arising  from  the  diminution 
of  value  of  the  property  bounded  on  that  portion  of  the 
street  or  highway  upon  the  line  of  such  new  location  or 
extension  and  of  each  parcel  of  real  property  so  bounded, 
and  their  proceedings  thereupon  shall  be  conducted  in  the 
same  manner  and  upon  the  like  notice  as  the  proceedings 
for  that  purpose  before  the  commissioners  specified  in 
§  225  and  they  shall  make  to  the  Supreme  Court  the  report 
required  by  §  233,  and  thereupon  the  same  proceedings 
shall  be  had  as  are  provided  for  in  such  last  named  sec- 
tion. Each  coniraisfioner  shall  be  paid  for  his  services  at 
the  rate  of  $10  per  day  for  each  day  of  actual  services  as 
such  commissioner,  and  all  reasonable  expenses  incurred  by 
him  in  or  about  any  of  the  matters  referred  to  such. board, 
to  be  paid  by  the  corporation  making  the  application  so 
heard  and  determined.  No  corporation  shall  be  authorized 
under  this  section  to  extend,  abandon  or  change  the  lo- 
cation of  its  route,  or  any  part  thereof,  where  the  greater 
portion  of  the  route  or  routes  is  or  shall  be  in  that  portion 
of  the  city  of  New  York  south  or  west  of  Harlem  river, 
or  of  any  route  or  part  thereof  in  the  borough  of  Brooklyn 
or  county  of  Kings,  or  to  construct,  extend,  abandon  or 
change  the  location  of  any  railroad  or  route  for  a  railroad 
over,  under,  through  or  across  any  street,  avenues,  place 
or  lands  south  of  128th  street  or  west  of  Third  avenue  in 
that  portion  of  the  city  of  New  York  south  or  west  of 
Harlem  river,  or  where  a  railroad  might  not  by  law  be  con- 
structed, or  was  not  by  law  authorized  to  be  by  a  board 
of  commissioners  located  on  the  5th  day  of  June,  1888. 

Ahandonment  of  portion  of  route  6j/  elevated  railroad. 
5  237.  Any  company  operating  an  elevated  railroad  or 
roads  in  any  city  of  this  State  for  the  transportation  of 
passengers,  mails  or  freight,  and  which,  prior  to  the  29th 
day  of  April,  1891.  shall  have  built  and  operated  6-10  of  its 
route  as  set  forth  and  embodied  in  its  articles  of  incor- 
poration, may  declare  relinquished  and  abandoned  any 
portion  of  its  said  route,  which  it  may  deem  no  longer 
necessary  for  the  successful  operation  of  its  road  and  the 
convenience  of  the  public.  Such  declaration  of  abandon- 
ment to  be  valid  shall  be  adopted  by  the  board  of  directors, 
under  the  seal  of  such  company,  and  shall  be  submitted  to 
the  stockholders  thereof  at  a  meeting  called  for  the  pur- 
pose of  taking  the  same  into  consideration.  Due  notice 
of  the  time  and  place  of  holding  said  meeting  and  stating 
the  object  thereof  shall  be  given  by  the  company  to  its 
stockholders  by  written  or  printed  notices  addressed  to 
each  of  the  persons  in  whose  name  the  capital  stock  of 
the  company  stands  on  the  books  thereof,  at  the  address 
of  such  persons  as  stated  on  the  books,  or  as  known  to  the 
secretary  of  the  company,  and  delivered  or  mailed  to 
such  persons,  or  the  legal  representatives  of  such  persons, 
respectively,  at  least  30  days  before  the  time  of  holding 
the  meeting  of  such  companv.  and  also  by  a  general  notice 
published  daily  for  at  least  four  weeks  in  some  newspaper 
last  designated  for  the  publication  of  the  session  laws  or  of 
judicial  proceedings  and  legal  notices  in  the  county  where 
the  route  of  such  company  is  located;  and  at  the  said  meet- 
ing of  stockholders  the  declaration  of  the  said  directors 
shall  be  considered  and  a  vote  by  ballot  taken  for  the 
adoption  or  rejection  of  the  same,  each  share  entitling 
the  adoption  or  rejection  of  the  same,  each  share  entitling 
the  holder  thereof  to  one  vote  and  said  ballots  shall  he 
cast  in  person  or  by  proxy,  and  if  %  of  all  the  votes  of 
the  stockholders  cast  in  person  or  by  proxy  at  said  meet- 
ing shall  be  for  the  adoption  of  said  declaration  of  aban 


1002 


National  Association  of  Railway  Commissioners 


donment,  then  that  fact  shall  be  certified  thereon  by  the 
secretary  of  the  company  under  the  seal  thereof,  and  the 
declaration  so  adopted  shall  be  submitted  for  approval 
to  the  public  service  commission,  and  if  approved  by, it, 
such  approval  shall  be  indorsed  thereon,  and  the  said 
declaration  so  certified  and  indorsed  shall  be  filed  and 
recorded  in  the  office  of  the  secretary  of  State,  and  from 
the  time  of  such  filing  such  portion  of  said  route  desig- 
Dated  in  such  declaration  of  such  company  shall  be  deemed 
to  be  abandoned.  A  copy  of  such  declaration  of  abandon- 
ment, duly  certified  by  the  secretary  of  State  under  his 
official  seal,  shall  be  presumptive  evidence  in  all  courts 
and  places  of  the  facts  which  it  recites,  and  of  the  regu- 
larity of  the  proceedings  resulting  in  such  abandonment. 

Increased  deposit,  when  and  how  required.  §  238.  In 
case  any  of  the  securities  deposited  in  lieu  of  money  as 
provided  in  §  225,  shall  in  the  opinion  of  the  county  treas- 
urer or  trust  company  with  whom  they  may  be  deposited, 
fall  below  their  actual  value  at  the  time  of  deposit,  the 
county  treasurer  or  trust  company  shall  call  upon  such 
railroad  corporation  to  substitute  therefor  other  securities 
equivalent  at  their  par  or  market  value  to  the  amount  in 
lieu  of  which  the  securities  for  which  they  are  to  be  sub- 
stituted were  deposited,  and  in  case  such  other  securities 
shall  not  be  furnished,  the  county  treasurer  or  trust  com- 
pany shall  call  upon  such  corporation  to  furnish  as  a  sub- 
stitute, and  it  shall  so  furnish  an  amount  of  money  equal 
to  the  amount  in  lieu  of  which  the  securities  first  above 
referred  to  were  deposited. 

Trains  to  come  to  full  stop.  §  239.  All  trains  upon 
elevated  railroads  shall  come  to  a  full  stop  before  any 
passenger  shall  be  permitted  to  leave  such  trains;  and  no 
train  on  such  railroad  shall  be  permitted  to  start  until 
every  passenger  desiring  to  depart  therefrom  shall  have 
left  the  train,  provided  such  passenger  has  manifested  his 
Intention  to  so  depart  by  moving  toward  or  upon  the  plat- 
form of  any  car;  nor  until  every  passenger  upon  the  plat- 
form or  station  at  which  such  train  has  stopped,  and  desir- 
ing to  board  or  enter  such  cars,  shall  have  actually  boarded 
or  entered  the  same,  but  no  person  shall  be  permitted  to 
enter  or  board  any  train  after  due  notice  from  an  author- 
ized employe  of  such  corporation  that  such  train  is  full  and 
that  no  more  passengers  can  be  then  received. 

Gates  or  vestibule  doors.  §  240.  Every  car  used  for 
passengers  upon  elevated  railroads  shall  have  gates  at  the 
outer  edge  of  its  platforms  so  constructed  that  they  shall, 
when  opened,  be  caught  and  held  open  by  such  catch  or 
spring  as  will  prevent  their  swinging  and  obstructing 
passengers  in  their  egress  from  or  Ingress  to  such  cars,  or 
vestibule  doors  so  constructed  as  to  slide  into  the  body  of 
the  car;  and  every  such  gate  or  door  shall  be  kept  closed 
while  the  car  is  in  motion;  and  when  the  car  has  stopped 
and  a  gate  or  door  has  been  opened,  the  car  shall  not  start 
until  such  gate  or  door  is  again  firmly  closed. 

Penalty  for  violation  of  two  preceding  sections.  |  241. 
Any  elevated  railroad  corporation  that  shall  fail  or  neglect 
to  comply  with  or  enforce  the  provisions  of  the  two  preced- 
ing sections,  shall  upon  the  petition  of  any  citizen  to  any 
court  of  record,  and  upon  due  notice  to  such  corporation, 
and  proof  of  such  failure  or  neglect,  pay  to  the  clerk  of 
the  court  wherein  such  petition  was  made,  a  sum  not  less 
than  $250  nor  more  than  $1,000,  as  such  court  may  direct 
by  its  order.  The  sum  so  ordered  to  be  paid  shall  be  paid 
by  such  clerk  of  the  court  to  the  county  treasurer,  and  shall 
be  distributed  by  such  treasurer  equally  among  the  public 
hospitals  of  the  county  in  which  the  proceeding  is  had,  at 
such  time  as  the  board  of  supervisors  or  board  of  aldermen 
in  any  such  county  shall  direct.  Nothing  in  this  section 
shall  relieve  elevated  railroad  corporations  from  any  liabil- 
ity under  which  they  may  now  be  held  by  existing  laws  for 
damages  to  persons  or  property. 

Sections  to  6e  printed  and  posted.  §242.  The  officers 
and  board  of  directors  of  such  railroad  corporations  shall 
cause  copies  of  §§  239,  240  and  241  to  be  printed  conspic- 
uously and  posted  in  the  depdts  or  stations  and  in  each  car 
belonging  to  them. 

Extension  of  time.  §  243.  The  time  within  which  any 
Act  is  required  to  be  done  under-  the  foregoing  sections  of 
this  article  may  be  extended  by  the  Supreme  Court  for  good 
cause  shown,  for  one  year,  and  but  one  extension  will  be 
granted.  Any  company  that  has  heretofore  constructed  or 
is  now  operating  an  elevated  railroad  shall  be  deemed  to 
have  been  duly  incorporated  notwithstanding  any  failure 


on  the  part  of  commissioners  to  insert  in  its  articles  of 
association  provisions  complying  with  statutory  require- 
ments relative  to  such  articles. 

Lighting  cars  on  elevated  railroads  in  cities  of  over 
1,200,000  inhabitants.  §  244.  Every  corporation  operating 
an  elevated  railroad  in  any  city  of  over  1,200,000  inhab- 
itants in  this  State,  computed  according  to  the  State  enum- 
eration had  in  1892,  shall  equip  all  cars  used  for  the  trans- 
portation of  passengers  with  the  most  approved  system  of 
lighting  passenger  cars  now  in  use  upon  railroads,  either 
by  electricity  or  gas  of  not  less  than  18  candlepower,  and 
every  such  corporation  is  prohibited  from  using  kerosene 
or  coal  oils  as  a  means  of  lighting  any  of  its  passenger 
cars.  Any  violation  of  the  provisions  of  this  section  shall 
render  any  such  corporation  liable  to  pay  a  fine  or  penalty 
of  $50  for  each  and  every  day,  for  each  and  every  passenger 
car  run  over  its  railroad  which  is  not  equipped  and  lighted 
as  provided  herein;  and  such  fine  may  be  recovered  by  any 
passenger  on  such  railroad  who  may  sue  therefor;  and  any 
violation  of  the  provisions  of  this  section  on  the  part  of 
any  such  railroad  corporation  shall  also  be  a  misdemeanor. 


GENERAL— ALL  COUNTIES. 
CHAPTER  778,  ACTS  OF  1911. 

An  Act  to  amend  the  transportation  corporations  law  t 
adding  thereto  an  additional  article,  10-a,  providing  fci 
the  incorporation  of  freight  terminal  companies. 
Became  a  law  July  25,  1911,  with  the  approval  of  the  gov- 
ernor.   Passed,  three-fifths  being  present. 
The  people  of  the  State  of  New  York,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
§   1.     The    transportation    corporations    law    Is    hereby 
amended  by  the  insertion  therein  between  article  10  there(  f 
and  article  11  thereof  of  a  new  article,  to  be  known  as  arti- 
cle 10a  thereof,  and  to  read  as  follows: 


I 


ARTICLE  10-a. 

FREIGHT   TERMINAL   CORPORATIONS. 


ti 


Definitions.  §  153.  Whenever  used  in  this  article  unlet  s 
otherwise  expressly  stated: 

(a)  "Local  authority"  means  in  the  city  of  New  Yor:t 
the  board  of  estimate  and  appointment  of  said  city;  and  la 
every  other  case  the  local  authority  or  authorities  in  coi  • 
trol  of  the  streets,  roads,  bridges,  viaducts,  highways,  avi  • 
nues,  boulevards,  driveways,  parks,  parkways,  docks,  bull- 
heads, wharves,  piers,  or  other  public  grounds  and  water; 
that  under  this  article  may  be  taken  or  used  or  affected. 

(b)  "Terminal  docks"  means  any  dock  or  docks,  pier 
or  piers,  wharf  or  wharves,  marginal  wharf,  bulkhead  cr 
bulkheads,  basin  or  basins,  mooring  place,  anchorage  or  ' 
other  place  at  which  shipping  of  any  sort  may  receive  o- 
discharge  freight  or  be  itself  berthed,  detained,  protected  of 
operated  in  connection  with  other  terminal  facilities. 

(c)  "Terminal  basins"  means  basin  or  basins,  harbor 
or  harbors,  graving  or  loading  dock  or  docks  that  may  In 
provided  by  the  inclosure,  natural  or  artificial,  of  water  fod 
the  flotation,  protection  or  handling  of  shipping  or  frelgl^rj 
or  for  transport  service  of  any  class. 

(d)  "Terminal  ways"  means  a  way  or  ways  constructs  J 
or  operated  under  the  provisions  of  this  article  for  thj" 
transport  of  freight  to,  from,  across  or  along  any  watei- 
front  or  marginal  wharf  of  the  city  or  terminal  stations  of^ 
terminal  stores  adjacent  or  in  proximity  thereto  or  any  ejl 
tension  or  extensions,  branch  or  branches,  approach  or  a}'} 
proaches,  siding  or  sidings  thereof,  upon,  lying  upon,  abo-vjl'l 
or  below  any  street,  avenue,  road,  highway,  park  or  parll 
way,  bridge,  viaduct  or  public  place  or  water-front  property 
in  the  city,  including  all  equipment  and  terminal  facilltlei»J 
of  every  kind  used,  operated  or  owned  by  or  in  connectiol| 
with  any  such  way  so  constructed  or  operated  under  tMf 
article. 

(e)  "Terminal  stations"  means  a  building  or  building 
structure  or  structures  erected  or  acquired  or  occupied 
used  under  the  provisions  of  this  article  in  connection  wlfl 
terminal  ways  for  the  receipt,  handling,  delivery  or  sh^' 
ment  of  freight,  including  terminal  stores  and  appurte 
ances  and.  appliances  necessary  for  the  operation  thereo 
whether  such  buildings  and  other  structures  or  portion 
thereof  are  used  exclusively  for  terminal  stations  or  tern 
nal  stores  or  in  part  for  warehousing,  manufacturing 
other  purposes. 

(f)  "Terminal  stores"  means  a  building  or  buildin|| 


Public  Service  Laws 


1003 


or  space  being  a  part  of  or  adjacent  to  a  terminal  station 
for  the  temporary  storage  of  freight  while  in  the  process 
of  delivery,  shipment  or  transport. 

(g)  "Terminal  warehousing"  means  the  storage,  reten- 
tion and  protection  of  property  either  tor  other  purposes 
than  as  an  incident  of  delivery,  shipment  or  transport,  or 
under  contract  for  a  longer  period  at  any  time  than  10 
days  from  the  making  of  the  contract  therefor,  as  carried 
on  in  premises  physically  connected  with  or  adjacent  to 
terminal  railways,  basins  or  stations. 

(h)  "Terminal  factories"  means  the  space  used  for 
manufacture  and  the  storage  incidental  thereto  of  mate- 
rials, supplies  and  products,  together  with  such  power, 
light,  machinery  and  other  facilities  therefor  as  may  be 
supplied  in  connection  therewith  in  premises  physically 
connected  with  or  adjacent  to  terminal  ways,  basins  or 
stations. 

(i)  "Terminal  facilities"  means  any  or  all  terminal 
way  or  ways,  terminal  station  or  stations,  marginal  wharf, 
terminal  basin  or  basins,  terminal  store  or  stores,  water- 
front property,  and  transportation  of  property  thereon, 
thereby,  thereto  or  therefrom  by  this  article  provided  for 
or  mentioned  and  equipment  thereof  and  therefor. 

(j)  "Equipment"  means  elevators,  conveyors  and  con- 
veying apparatuses,  hoists,  chutes,  float  bridges,  transfer 
bridges  and  appliances  for  lighting,  heating  or  refrigerat- 
ing, roadbed,  tracks,  switches,  crossovers,  spurs,  signals, 
telphers,  cars,  motors,  engines  and  rolling  stock  of  all  de- 
scription; tugs,  floats  and  lighters;  power  plant,  sub- 
stations and  transformers,  appliances  for  transmission  of 
power  by  third  rail,  overhead  wires  or  other  means;  tele- 
phone and  telegraph  wires  and  other  means  of  communi- 
cation; together  with  all  appurtenances  and  appliances 
appertaining  thereto,  connected  therewith  or  used  In  the 
operation  thereof. 

(k)  "Street"  includes  avenue,  road,  alley,  lane,  high- 
way, viaduct,  bridge,  tunnel,  subway,  park,  parkway  and 
every  class  of  public  road,  square  and  place,  except  mar- 
ginal wharf. 

(1)  The  term  "transportation"  includes  any  service  In 
connection  with  the  receipt,  delivery,  carriage,  elevation, 
transfer  in  transit,  sorting  and  handling  of  property  trans- 
ported, and  also  the  handling  of  goods  on  or  in  terminal 
basins,  terminal  ways,  terminal  stations,  terminal  stores 
or  water-front  property  by  mechanical  appliances  or  other 
means. 

Corporation — How  formed.  §  154.  Three  or  more  per- 
sons may  become  a  corporation  for  the  supply,  maintenance 
and  operation  of  freight  terminal  facilities,  Including  docks, 
wharves,  bulkheads,  basins,  tugs,  floats,  lighters  and  other 
shipping,  and  wharfage  and  lighterage  for  the  receipt,  deliv- 
ery, storage  or  handling  of  freight;  terminal  ways  for 
initial  or  flnal  local  transport  of  freight  received  for  ship- 
ment or  delivery  in  or  from  the  locality  in  which  the  busi- 
ness of  such  corporation  shall  be  carried  on;  terminal 
stations  and  stores  for  the  receipt,  storage,  handling,  pro- 
tection and  preservation  of  freight;  terminal  warehousing; 
freight  collection,  delivery  and  express  service  to  and  from 
terminal  docks,  terminal  ways,  terminal  stations,  terminal 
stores  and  warehouses  of  and  for  freight  for  transport, 
handling,  storage,  warehousing,  carriage,  manufacture  or 
use  thereby,  thereat  or  in  such  locality;  terminal  factory 
facilities,  including  room,  power,  heat,  light  and  machinery 
for  the  use,  manufacture,  handling,  display,  sale  and  ship- 
ment of  such  supplies,  materials  and  products  as  at  such 
locality  shall  or  may  be  received  or  shipped  as  freight 
from  or  by  any  terminal  wharf,  way,  station,  store,  ware- 
houseman, manufacturer  or  carrier  doing  business  at  such 
locality;  and  equipment  for  such  docks,  ways,  stations, 
stores,  warehouses,  service  and  factories — by  making,  sign- 
ing, acknowledging  and  filing  a  certificate  stating  the  name 
of  the  corporation — which  shall  Include  the  words  "freight 
terminal  company;"  Its  objects  as  above  set  forth;  the 
amount  of  Its  capital  stock,  not  less  than  $1,000,000  If  Its 
principal  place  of  business  is  to  be  in  the  borough  of  Man- 
hattan, $500,000  If  in  the  borough  of  Brooklyn,.  $250,000  If 
in  either  of  the  boroughs  of  the  Bronx,  Queens  or  Rich- 
mond, in  the  city  of  New  York,  and  $100,000  if  in  any  other 
locality  of  the  State;  the  number  of  Its  directors,  not  less 
than  three  nor  more  than  13;  the  names  and  places  of  resi- 
dence of  the  directors  for  the  first  year;  and  a  statement 
of  the  place  and  the  limits  of  the  locality  In  which  such 
corporation  shall  do  business. 

Provided,  that  nothing  in  this  article  shall  be  so  con- 


Btrued  as  to  permit  any  freight  terminal  company  to  en- 
gage In  manufacture  or  production  except  of  supplies  for 
its  own  use.  Including  power,  heat,  light  and  equipment  for 
such  terminal  docks,  ways,  stations,  stores,  warehouses  and 
factories,  and  nothing  herein  contained  shall  be  deemed  to 
include  any  right  or  privilege  to  carry  on  the  business  of 
generating,  selling  or  distributing  electricity  for  light,  heat 
and  power  purposes,  nor  shall  the  right,  operation  and  use 
of  such  privileges  be  extended  beyond  the  streets  or  mar- 
ginal streets  bounding  or  occupied  by  the  terminal  docks, 
ways,  stations,  stores,  warehouses  and  factories  operated  by 
any  freight  terminal  company.  No  railroad  corporation, 
and  no  corporation  or  joint  stock  association  engaged  In 
carrying  on  what  is  known  as  an  express  business,  shall 
either  directly  or  Indirectly,  or  through  the  medium  of  a 
holding  company  or  otherwise,  purchase,  acquire  or  hold 
any  of  the  stocks  or  any  bonds  or  other  evidences  of  indebt- 
edness Issued  by  any  corporation  which  Is  formed  under 
the  provisions  of  this  article. 

Classification  and  rates.  §  155.  Subject  to  the  regula- 
tion of  the  proper  public  service  commission,  such  com- 
pany may  establish  a  classification  of  its  business,  and 
rates  for  each  class  thereof,  as  well  as  for  any  combina- 
tion of  two  or  more  classes  of  such  service  and  the  fur- 
ther terms  and  conditions  on  which  such  freight  terminal 
service  shall  be  furnished.  Up  to  the  maximum  capacity 
of  Its  plant  and  facilities  therefor,  and  without  any  dis- 
crimination whatever  for  any  cause  or  on  any  pretext 
except  such  as  may  be  prescribed  by  such  classification 
or  regulation,  any  such  freight  terminal  company  shall 
impartially  serve  all  requiring  its  service  within  the  lo- 
cality described  In  its  certificate  of  incorporation..  As  to 
all  freight,  goods  or  property  entrusted  to  it  for  any 
service  within  the  purposes  of  its  Incorporation  as  de- 
fined by  this  Act — except  terminal  warehousing  and 
provision  for  terminal  factories — every  such  corporation 
shall  be  liable  as  a  common  carrier.  No  receipt,  certifi- 
cate or  order  of  any  kiiid  shall  be  made,  accepted  or  is- 
sued by  any  such  corporation  for  any  commodity  unless 
such  commodity  thereby  represented  is  actually  in  pos- 
session of  such  corporation  at  the  time  of  making,  issu- 
ance or  acceptance  thereof. 

Subject  to  puilic  service  commission.  §  156.  Every  such 
freight  terminal  corporation  shall  be  subject  to  the 
supervision,  control  and  regulation  of  the  public  service 
commission  of  the  district  wherein  it  does  business  to 
the  same  extent  as  are  railroads  and  street  railroads 
wholly  or  partly  within  said  district  so  far  as  the 
provisions  of  the  public  service  commission  Act  are 
applicable  to  the  case  and  business  of  any  such  freight 
terminal  company. 

Provided,  however,  that  any  freight  terminal  company, 
the  limits  of  the  locality  In  which  it  is  organized  to  do 
business  Include  any  portion  of  the  city  of  New  York, 
shall  be  subject  to  the  supervision,  control  and  regula- 
tion of  the  public  service  commission  of  the  first  district. 

Issues  of  stocks  and  bonds.  §  157.  Subject  to  the 
approval  of  the  public  service  commission  of  the  proper 
district: 

(a)  Any  freight  terminal  corporation  may  Issue 
stocks,  bonds,  notes  or  other  evidences  of  indebtedness, 
payable  at  periods  of  more  than  12  months  after  the  date 
thereof,  when  necessary  for  the  acquisition  of  property, 
the  construction,  completion,  extension,  improvement  or 
equipment  of  its  plant,  or  the  Improvement  or  mainte- 
nance of  Its  service,  or  for  the  discharge  or  lawful  refund- 
ing of  Its  obligations,  and  may  mortgage  Its  property, 
privileges  and  franchises  to  secure  its  bonds,  whether 
convertible  Into  stock  or  otherwise,  and  Increase  or  de- 
crease its  capital  stock: 

Provided,  and  not  otherwise,  that  as  to  any  such 
issue  or  increase,  there  shall  have  been  secured  from 
such  public  service  commission  an  order  stating  that, 
in  the  opinion  of  the  commission,  the  use  of  the  capital 
to  be  secured  by  the  issue  of  such  stock,  bonds,  notes 
or  other  evidences  of  indebtedness  Is  reasonably  required 
for  the  said  purposes  of  the  corporation,  specifying  the 
amount  of  the  Issue  of  each  such  evidence  of  indebted- 
ness approved  and  authorizing  such  issue. 

(b)  Any  two  or  more  corporations  organized  under 
this  article  or  any  general  or  special  law  of  the  State 
for   the    purpose    of   carrying   on    any    business   Included 


1004 


National  Association  of  Railway  Commissioners 


within  that  which  a  corporation  organized  under  this 
article  might  carry  on  may  consolidate  themselves  into 
a  single  corporation,  and  any  corporation  organized 
under  this  article  may,  with  the  like  permission  or  ap- 
proval, be  merged  with  any  other  such  corporation  upon 
complying  with  the  provisions  of  the  business  corpora- 
tions law  relating  to  the  consolidation  of  business  cor- 
porations and  the  stock  corporations  law  relating  to  the 
merger  of   stock   corporations. 

But  no  freight  terminal  company  or  any  corporation 
with  which  such  company  shall  have  been  consolidated 
or  merged  shall  undertake  any  business  not  included 
in  the  objects  for  which  such  freight  terminal  companies 
may  be  incorporated  as  set  forth  in  this  article;  and 
no  such  freight  terminal  company  shall  purchase,  ac- 
quire or  hold  the  stocks,  bonds  or  other  evidences  of 
indebtedness  of  any  other  corporation,  domestic  or  for- 
eign, except  by  the  express  permission  of  the  public 
service  commission  of  the  proper  district. 

(c)  Each  such  freight  terminal  company  shall  have 
the  right  and  is  vested  with  the  power  and  authority 
to  acquire  such  real  estate,  including  the  right  of  way 
through  any  property,  as  may  be  necessary  for  the  pur- 
poses of  its  incorporation,  hereby  declared  to  be  a  public 
use,  in  the  manner  and  form  prescribed  by  the  general 
condemnation   law   of   the   State. 

Such  permission  or  approval  shall  be  given  only  after 
the  public  service  commission's  certificate  of  the  public 
need  for  freight  terminal  accommodations  to  provide 
which  such  condemnation  is  asked.  Provided  that  such 
right  to  acquire  by  condemnation  shall  not  be  used  to 
acquire  property  devoted  to  public  use  for  streets, 
ferries,  terminals,  or  otherwise,  and  whether  operated 
by  the  public  authorities  or  not,  except  by  permission 
of  and  subject  to  such  conditions  as  may  be  imposed 
by  the  local  authority. 

Should  the  State  or  any  municipal  corporation  there- 
after proceed  to  acquire  such  property  or  any  part 
thereof  by  copdemnatlon  for  similar  or  other  public 
use,  the  public  use  in  behalf  of  which  the  power  to  ac- 
quire by  condemnation  is  hereby  given  any  such  freight 
terminal  company  shall  not  be  or  be  set  up  as  an  ob- 
stacle to  such  acquisition  by  condemnation  by  the  State 
or  other  municipal  corporation. 

(d)  Each  such  freight  terminal  company  may  ac- 
quire, use  and  enjoy  the  privilege  to  cross  or  otherwise 
use  the  streets  adjacent  to  any  terminal  way  or  terminal 
station  on  such  terms  as  the  local  authority  may  impose. 

Provided  that  this  shall  be  by  permission  at  any  time 
revocable  upon  notice  of  a  year  or  specified  less  time, 
and  that  no  such  privilege  shall  be  permitted  any  such 
company  except  upon  the  certificate  of  the  public  ser- 
vice commission  of  the  proper  district  (1)  that  such 
privilege  is  needed  for  public  use,  (2)  that  the  terms 
thereof  are  such  as  still  to  leave  such  street  in  the 
main  available  for  ordinary  street  uses,  and  (3)  that, 
with  such  privilege  permitted,  such  street  or  place  will 
be  of  greater  public  service  for  or  in  substitution  of 
street  uses  than  if  such  privilege  were  not  permitted; 
also  that  such  privilege  shall  be  revocable  by  the  city 
only  with  the  approval  of  such  public  service  commission 
and  upon  its  certificate  either  that  (1)  such  privilege  is 
no  longer  needed  for  public  use,  or  (2)  that  with  such 
privilege  permitted  such  street  or  place  will  not  be  of 
so  great  service  for  or  in  substitution  of  street  uses 
as   if  such   privilege   were  not   permitted. 

Construction  and  operation  of  plant.  §  158.  In  con- 
struction and  operation  of  its  plant  and  equipment  and 
in  the  transaction  of  its  business,  any  such  freight  ter- 
minal company  shall  be  subject  to  all  regulations  as  to 
construction,  fire,  health  and  safety  imposed  by  law, 
ordinance   or  local  authority. 

Partial  repeal.  §  159.  The  provisions  of  any  Act  and 
parts  of  Acts,  including  the  charter  of  Greater  New  York 
and  the  charter  of  any  other  city  of  the  State,  which 
are  inconsistent  with  this  Act,  and  in  so  far  only  as 
they  are  inconsistent  with  this  Act  shall  have  no  appli- 
cation to  the  rights,  powers  and  obligations  conferred 
or  created  by  and  under  authority  of  this  Act  or  to  any 
proceedings  thereunder. 

In  effect  forthwith.  §  160.  This  Act  shall  take  effect  im- 
mediately. 


NEW  YORK  CONSTITUTIONAL  PROVISIONS. 
ARTICLE  III. 

LEGISLATIVE  POWERS. 


1 


Cases  in  which  private  and  local  bills  shall  not  be 
passed — Restrictions  as  to  laws  authorizing  street  rail- 
roads. §  18.  The  legislature  shall  not  pass  a  private  or 
local  bill  in  any  of  the  following  cases:  Changing,  the 
names  of  persons.  [This  section  does  not  apply  to  acta 
changing  the  names  of  corporations.  Moran  v.  Lydec^er,  27 
Hun.  585.]  •  »  •  Granting  to  any  corporation,  associa- 
tion or  individual  the  right  to  lay  down  railroad  tracks. 
[Applicable  to  underground  railways.  Matter  of  N.  Y.  Dis- 
trict Railway,  42  Hun.  621.]  Granting  to  any  private  cor- 
poration, association  or  individual  any  exclusive  privilege, 
Immunity  or  franchise  whatever.  Granting  to  any  person, 
associatioD,  firm  or  corporation  an  exemption  from  taxation 
on  real  or  personal  property.  [Added  by  amendment  in 
1901.]  Providing  for  building  bridges,  and  chartering  com- 
panies for  such  purposes,  except  on  the  Hudson  River  below 
Waterford,  and  on  the  East  River,  or  over  the  waters  form- 
ing a  part  of  the  boundaries  of  the  State.  The  legislature 
shall  pass  general  laws  providing  for  the  cases  enumerat<icl 
in  this  section,  and  for  all  other  cases  which  in  its  judg- 
ment may  be  provided  for  by  general  laws.  But  no  law 
shall  aufhorize  the  construction  or  operation  of  a  stre'jt 
railroad  except  upon  the  condition  that  the  consent  of  the 
owners  of  one-half  in  value  of  the  property  bounded  on,  aid 
the  consent  also  of  the  local  authorities  having  the  contDl 
of,  that  portion  of  a  street  or  highway  upon  which  It  a 
proposed  to  construct  or  operate  such  railroad  be  first  ob- 
tained. The  appellate  division  of  the  Supreme  Court,  in  tl  e 
department  in  which  it  is  proposed  to  be  constructed,  ma  ■', 
upon  application,  appoint  three  commissioners  who  shall 
determine,  after  a  hearing  of  all  parties  interested,  wheth<  r 
such  railroad  ought  to  be  constructed  or  operated,  and  the  r 
determination,  confirmed  by  the  court,  may  be  taken  in  ll€u 
of  the  consent  of  the  property  owners. 

ARTICLE  VII. 

State  credit  not  to  be  given.  §  1.  The  credit  of  tl  e 
State  shall  not  in  any  manner  be  given  or  loaned  to  or  la 
aid  .of  any  individual,  association  or  corporation. 

*  •     • 

ARTICLE  VIIL 

Corporations — Formation  of.  §  1.  Corporations  may 
be  formed  under  general  laws;  but  shall  not  be  created  ly 
special  act,  except  for  municipal  purposes,  and  in  ca8(  a 
where,  in  the  judgment  of  the  legislature,  the  objects  of  tl  e 
corporation  cannot  be  attained  under  general  laws.  A  1 
general  laws  and  special  acts  passed  pursuant  to  this  se  - 
tlon  may  be  altered  from  time  to  time  or  repealed. 

Dues  of  corporations.  §  2.  Dues  from  corporatroi  s 
shall  be  secured  by  such  individual  liability  of  the  corpor  i- 
tors  and  other  means  as  may  be  prescribed  by  law. 

Corporation — Definition  of  term.  §  3.  The  term  co  ■- 
porations  as  used  in  this  article  shall  be  construed  to  li- 
elude  all  associations  and  joint-stock  companies  having  auy 
of  the  powers  or  privileges  of  corporations  not  possessed  I  y 
Individuals  or  partnerships.  And  all  corporations  shall  ha'N  e 
the  right  to  sue  and  shall  be  subject  to  be  sued  in  all  cour  s 
in  like  cases  as  natural  persons. 

*  •     • 

Credit  or  money  of  the  State  not  to  be  given.  $ 
Neither  the  credit  nor  the  money  of  the  State  shall  U 
given  or  loaned  to  or  in  aid  of  any  association,  corporatl4j 
or  private  undertaking.  This  section  shall  not,  howev<l 
prevent  the  legislature  from  making  such  provision  for  t<J 
education  and  support  of  the  blind,  the  deaf  and  dumb,  atl 
juvenile  delinquents,  as  to  it  may  seem  proper.  Nor  shql 
it  apply  to  any  fund  or  property  now  held,  or  which  mil 
hereafter  be  held,  by  the  State  for  educational  purposes,  j  j 

Counties,  cities  and  "towns  not  to  give  or  loan  money  i 
credit — Limitation  of  indebtedness.  §  10.  No  county,  cltll 
town  or  village  shall  hereafter  give  any  money  or  property 
or  loan  its  money  or  credit  to  or  in  aid  of  any  individual, 
association  or  corporation,  or  become  directly  or  indirect.y 
the  owner  of  stock  in,  or  bonds  of,  any  association  or  cor- 
poration: nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county, 
city,  town  or  village  purposes.    *     •    » 


Public  Service  Laws 


1003 


ARTICLE  XIII. 

Free  passes,  franking  privileges,  etc.,  not  to  be  received 
by  public  officers — Penalty.  §  5.  No  public  officer,  or  per- 
son elected  or  appointed  to  a  public  office,  under  the  laws 
of  this  State,  shall  directly  or  indirectly  ask,  demand,  ac- 
cept, receive  or  consent  to  receive  for  his  own  use  or  bene- 
fit, or  for  the  use  or  benefit  of  another,  any  free  pass,  free 
transportation,  franking  privilege  or  discrimination  in  pas- 
senger, telegraph  or  telephone  rates,  from  any  person  or 
corporation,  or  make  use  of  the  same  himself  or  in  con- 
junction with  another.  A  person  who  violates  any  pro- 
vision of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  forfeit  his  office  at  the  suit  of  the  attor- 
ney-general. Any  corporation,  or  officer  or  agent  thereof, 
who  shall  offer  or  promise  to  a  public  officer,  or  person 
elected  or  appointed  to  a  public  office,  any  such  free  pass, 
free  transportation,  franking  privilege  or  discrimination, 
shall  also  be  deemed  guilty  of  a  misdemeanor  and  liable 
to  punishment  except  as  hereiij  provided.     No  person,  or 


officer  or  agent  of  a  corporation  giving  any  such  free  pass, 
free  transportation,  franking  privilege  or  discrimination 
hereby  prohibited,  shall  be  prevented  from  testifying  in  re- 
lation thereto,  and  he  shall  not  be  liable  to  civil  or  crim- 
inal prosecution  therefor  if  he  shall  testify  to  the  giving  of 
the  same. 

Removal  of  district  attorney  for  failure  to  prosecute — 
Expenses  of  prosecutions  for  bribery.  §  6.  Any  district 
attorney  who  shall  fail  faithfully  to  prosecute  a  person 
charged  with  the  violation  in  his  county  of  any  provision 
of  this  article  which  may  come  to  his  knowledge  shall  be 
removed  from  office  by  the  governor,  after  due  notice  and 
an  opportunity  of  being  heard  in  his  defense.  The  ex- 
penses which  shall  be  incurred  by  any  county,  in  investi- 
gating and  prosecuting  any  charge  of  bribery  or  attempt- 
ing to  bribe  any  person  holding  office  under  the  laws  of 
this  State,  within  such  county,  or  of  receiving  bribes  by 
any  such*  person  in  said  county,  shall  be  a  charge  against 
the  State,  and  their  payment  by  the  State  shall  be  provided 
for  by  law. 


PUBLIC   SERVICE  LAWS  OF  NORTH  CAROLINA 


ARTICLE  I. 

BILt  OF  BIGHTS. 

§  12.  The  general  assembly  shall  not  pass  any  pri- 
vate law,  unless  it  shall  be  made  to  appear  that  30  days' 
notice  of  application  to  pass  such  a  law  shall  have 
been  given,  under  such  direction  and  in  such  manner  as 
shall  be  provided  by  law. 

ARTICLE  VII. 

MUNICIPAL   CORPORATIONS. 

§  7.  No  county,  city,  town  or  other  municipal  cor- 
poration shall  contract  any  debt,  pledge  its  faith  or  loan  its 
credit,  nor  shall  any  tax  be  levied  or  collected  by  any 
officers  of  the  same  except  for  the  necessary  expenses 
thereof,  unless  by  a  vote  of  the  majority  of  the  qualified 
voters  therein. 

ARTICLE  VIII. 

CORPORATIONS  OTHER  THAN    MUNICIPAL. 

§  1.  Corporations  may  be  formed  under  general 
laws,  but  shall  not  be  created  by  special  Act  except  for 
municipal  purposes  and  in  cases  where,  in  the  judgment 
of  the  Legislature,  the  object  of  the  corporation  cannot  be 
attained  under  general  laws.  All  general  laws  and  special 
Acts  passed  pursuant  to  this  section  may  be  altered  from 
time  to  time  or  repealed. 

§  2.  Dues  from  corporations  shall  be  secured  by 
such  individual  liabilities  of  the  corporations  and  other 
means  as  may  be  prescribed  by  law. 

§  3.  The  term  corporation,  as  used  in  this  article,  shall 
be  construed  to  include  all  associations  and  joint  stock 
companies  having  any  of  the  powers  and  privileges  of  cor- 
porations not  possessed  by  individuals  or  partnerships. 
And  all  corporations  shall  have  the  right  to  sue  and  shall 
be  subject  to  be  sued  in  all  courts  in  like  cases  as  natural 
persons. 

§  4.  It  shall  be  the  duty  of  the  Legislature  to  provide 
for  the  organization  of  cities,  towns  and  incorporated  vil- 
lages, and  to  restrict  their  power  of  taxation,  assessment, 
borrowing  money,  contracting  debts  and  loaning  their 
credit,  so  as  to  prevent  abuses  in  assessment  and  in  con- 
tracting debts  by  such  municipal  corporations 

STATUTE  LAW. 
Prom  chapter  20,  Revisal  of  1905,  including  amendments  of 
the  legislatures  of  1905,  1907,  1908,  1909  and  1911,  also 
miscellaneous  Acts  in  relation  to  the  corporation  com 
mission. 

CORPORATION    COMMISSION. 

I.  Court.  §§  1054—1063 

n.  Investigations.  S§  1064 — 1065 

III.  Powers.  §§1066—1073 

IV.  Appeals.  §§  1074—1081 
V.  Injunction.  §§  1082 — 1085 

VI.  Penalties.  S§  1086—1093 

VII.  Jurisdiction.  §S  1094—1103 

VIII.  Rates.  §§  1104—1112 

IX.  Duties.  §§  1113—1118 


I.      COURT. 

Court  of  record.  §  1054.  There  shall  be  a  court  of  rec- 
ord, known  as  the  "corporation  commission."  Such  court 
shall  adopt  a  seal,  and  shall  have  all  of  the  powers  and 
jurisdiction  of  a  court  of  general  jurisdiction  as  to  all  sub- 
jects embraced  in  this  chapter.  The  members  and  clerk 
thereof  may  administer  oaths.  1899,  chapter  164,  §  §  1,  31. 
Number  of  commissioners.  §  1055.  The  court  shall  con- 
sist of  three  commissioners,  who  shall  be  elected  by  the 
qualified  voters  of  the  State,  in  the  same  manner  as  other 
State  officers  are  elected.  The  court  shall  organize  by  the 
election  of  one  of  the  commissioners  as  chairman.  1899, 
chapter  164,  §  1. 

Term  of  office.  §  1056.  The  term  of  office  of  the  com- 
missioners shall  begin  on  the  first  day  of  January  next 
after  their  election,  and  shall  continue  for  six  years  and 
until  their  successors  are  elected  and  qualified.  One  mem- 
ber of  the  court  shall  be  elected  at  each  general  election. 
1899,  chapter  164. 

Vacancy.  §  1057.  If  for  any  cause  there  shall  be  a 
vacancy  in  the  commission,  the  governor  shall  appoint  to 
such  vacancy.  Such  appointee  shall  hold  until  the  election 
and  qualification  of  his  successor,  who  shall  be  elected  at 
the  next  general  election,  after  th*  vacancy  occurred.  The 
person  so  elected  shall  hold  office  for  the  unexpired  term. 
1899,  chapter  164;  1901,  chapter  194. 

Qualification  of  commissioners.  §  1058.  It  shall  be  un- 
lawful for  any  member  or  official  of  said  court  to  jointly, 
severally,  or  in  any  other  way,  either  directly  or  indirectly, 
hold  any  stock  or  bond,  or  be  the  agent,  attorney  or  em- 
ploye, or  have  any  interest  in  any  way,  in  any  steamboat, 
railroad,  canal,  navigation,  express,  telegraph,  telephone, 
bank  or  building  and  loan  company,  or  association.  If  any 
member  or  official  of  said  court  shall,  during  the  term  of 
his  office,  as  distributee  or  legatee,  or  in  any  other  way, 
have  or  become  entitled  to  any  stock  or  bonds  or  interest 
therein  of  any  such  company  he  shall  at  once  dispose  of 
the  same,  and  upon  failure  to  do  so  shall  forfeit  his  office, 
and  may  be  suspended  by  the  governor.  1899,  chapter  164. 
Oath  of  office.  §  1059.  The  member  of  the  court,  in 
addition  to  the  oath  to  support  the  constitution  and  laws 
of  the  United  States  and  the  constitution  and  laws  of  the 
State  of  North  Carolina,  shall  take,  to  be  administered  by 
one  of  the  judges  of  the  Supreme  Court,  the  following  oath 
of  office,  which  oath  shall  be  signed  by  such  commission- 
ers and  attested  by  said  judge  and  recorded  in  the  office 
of  the  secretary  of  State:  "I  do  solemnly  swear  (or  affirm) 
that  I  am  not  the  owner  of  any  steamboat  or  of  any  stock 
or  bond  of  any  railroad,  navigation  or  canal  company,  ex- 
press, telegraph  or  telephone  company,  or  of  any  bank  or 
building  and  loan  association,  or  the  agent  or  attorney  or 
employe  of  any  such  company  or  association;  that  I  have 
no  interest  in  any  way  in  any  such  company  or  association, 
and  that  I  will  well  and  faithfully  execute  the  duties  of 
my  office  as  a  member  of  the  corporation  commission  and 
as  State  tax  commissioner  to  the  best  of  my  knowledge 
and  ability,  without  fear,  favor,  malice,  reward  or  the  hope 


1006 


National  Association  of  Railway  Commissioners 


of  reward.  So  help  me,  God."  1899,  chapter  164,  §  1; 
1903,  chapter  251,  §  3. 

Place  of  meeting.  §  1060.  The  court  shall  be  held  In 
the  city  of  Raleigh.  Special  sessions  may  be  held  at  any 
place,  In  the  State,  -when  in  the  judgment  of  the  court  the 
convenience  of  all  parties  is  best  subserved  and  expense 
Is  thereby  saved.  1899,  chapter  164,  §  §  30,  31;  1901,  chapter 
679,  §  4. 

Open  at  all  times.  §  1061.  The  court  shall  be  open  at 
all  times  for  the  transaction  of  business,  and  each  mem- 
ber shall  devote  his  whole  time  to  the  discharge  of  the 
duties  of  his  office,  and  it  shall  be  his  duty  to  remain  in 
the  office  of  the  commission  at  least  15  days  in  each  month, 
unless  detained  therefrom  on  official  business.  1899, 
chapter  164,  §  30;  1903,  chapter  251,  §  3. 

Quorum.  §  1062.  Any  two  members  of  the  court  shall 
constitute  a  quorum  for  the  transaction  of  business.  The 
chairman  is  hereby  authorized  and  empowered  to  perform 
the  duties  and  exercise  the  powers  conferred  by  law  upon 
the  corporation  commission  as  to  or  over  banks  and  build- 
ing and  loan  associations,  but  this  shall  not  prevent,  as  to 
banking  and  building  and  loan  associations,  the  other  mem- 
bers of  the  court  from  acting  with  the  chairman  in  all  of 
such  matters.     1899,  chapter  164,  §  29. 

Clerk.  §  1063.  The  court  shall  appoint  a  clerk,  who 
shall  be  an  expert  accountant,  experienced  in  railroad 
statistics  and  transportation  rates.  His  term  of  office  shall 
be  for  two  years.  He  shall  take  and  subscribe  to  oaths  of 
office  similar  to  those  prescribed  for  the  commissioners. 
Provided,  this  shall  not  prevent  the  clerk  from  holding 
stock  in  State  or  national  banks.  1907,  chapter  999;  1899, 
chapter  164,  §  §  9,  31. 

11.      INVESTIGATIONS. 

Examinations.  §  1064.  The  commissioners  shall  from 
time  to  time  visit  the  places  of  business,  and  Investigate 
the  books  and  papers  of  all  corporations,  firms  or  individ- 
uals engaged  in  the  transportation  of  freight  or  passengers, 
the  transmission  of  messages  either  by  telegraph  or  tele- 
phone, all  public  or  private  banks,  loan  and  trust  com- 
panies, and  all  building  and  loan  associations,  to  ascertain 
if  all  the  orders,  rules  and  regulations  of  the  corporation 
commission  have  been  complied  with,  and  shall  have  full 
power  and  authority  to  examine  all  officers,  agents  and  em- 
ployes of  such  companies,  individuals,  firms  or  corporations, 
and  all  other  persons  under  oath  or  otherwise,  and  to 
compel  the  production  of  papers  and  the  attendance  of  wit- 
nesses to  obtain  the  information  necessary  for  carrying 
into  effect  and  otherwise  enforcing  the  provisions  of  this 
chapter,  and  the  chapter  entitled  "Banks"  and  "Building 
and  Loan  Associations."    1899,  chapter  164,  §  1. 

Railroad  accidents.  §  1065.  The  commission  may  inves- 
tigate the  causes  of  any  accident  on  a  railroad  or  steam- 
boat which  it  may  deem  to  require  Investigation,  and  any 
evidence  taken  upon  such  investigation  shall  be  reduced 
to  writing,  filed  in  the  office  of  the  commission,  and  be 
subject  to  public  inspection.    1899,  chapter  164,  §  24. 

ni.      POWERS. 

General  powers.  §  1066.  The  corporation  commission 
shall  have  such  general  control  and  supervision  of  all  rail- 
road, street  railway,  steamboat,  canal,  express  and  sleep- 
ing car  companies  or  corporations  and  of  all  other  com- 
panies or  corporations  engaged  in  the  carrying  of  freight 
or  passengers,  of  all  telegraph  and  telephone  companies, 
of  all  public  and  private  banks  and  all  loan  and  trust  com- 
panies or  corporations,  and  of  all  building  and  loan  asso- 
ciations or  companies,  necessary  to  carry  into  effect  the 
provisions  of  this  chapter,  and  the  laws  regulating  such 
companies,  and  to  require  all  transportation  and  transmis- 
sion companies  to  establish  and  maintain  all  such  public 
service  facilities  and  conveniences  as  may  be  reasonable 
and  Just.  1907,  chapter  469,  §  2;  1899,  chapter  164;  1901, 
chapter  679. 

Witnesses  —  Production  of  papers  —  Contempt.  §  1067. 
The  corporation  commission  shall  have  the  same  power 
to  compel  the  attendance  of  witnesses,  require  the  exami- 
nation of  persons  and  parties,  and  compel  the  production 
of  books  and  papers,  and  punish  for  contempt,  as  by  law 
Is  conferred  upon  the  superior  courts.  1899,  chapter  164, 
§  §  1,  9,  10. 

Rules  of  practice.    §  1068.    The  corporation  commission 


shall  prescribe  rules  of  practice  and  procedure  in  all  mat- 
ters before  It  and  in  all  examinations  necessary  to  be  made 
under  this  chapter.    1899,  chapter  164,  §  2,  subsection  24. 

Rules  of  evidence.  §  1069.  In  all  cases  under  the  pro 
visions  of  this  chapter  "the  rules  of  evidence  shall  be  tho 
same  as  in  civil  actions,  except  as  provided  by  this  chapter. 
1899,  chapter  164,  §  26. 

Subpoenas,  how  issued — Served.  §  1070.  All  subpoenas 
for  witnesses  to  appear  before  the  commission  or  before 
any  one  or  more  of  the  commissioners,  and  notice  to  per- 
sons or  corporations,  shall  be  Issued  by  one  of  the  com- 
missioners or  Its  clerk  and  be  directed  to  any  sheriff,  con- 
stable or  to  the  marshal  of  any  city  or  town,  who  shall 
execute  the  same  and  make  due  return  thereof  as  directed 
therein  under  the  penalties  prescribed  by  law  for  a  failure 
to  execute  and  return  the  process  of  any  court.  1899, 
chapter  164,  §  10. 

Service  of  orders.  §  1071.  The  clerk  of  the  commission 
may  serve  any  notice  issued  by  it  and  his  return  thereof 
shall  be  evidence  of  said  service;  and  It  shall  be  the  daty 
of  the  sheriffs  and  other  officers  to  serve  any  proc«!S8, 
subpoenas  and  notices  Issued  by  the  commissioners,  Jind 
they  shall  be  entitled  therefor  to  the  same  fees  as  ;jro 
prescribed  by  law  for  serving  similar  papers  issuing  from 
the  Superior  Court.    1899,  chapter  164,  §  9. 

Undertakings.  1 1072.  All  bonds  or  undertakings  re- 
quired to  be  given  by  any  of  the  provisions  of  this  chai  ter 
shall  be  payable  to  the  State  of  North  Carolina,  and  n  ay 
bo  sued  on  as  are  other  undertakings  which  are  payable  to 
the  State.    1899,  chapter  164,  §  7. 

Controversies  may  be  submitted  to  commission.  §  1(  73. 
Whenever  any  company  or  corporation  embraced  in  tils 
chapter  has  a  controversy  with  another  corporation  or 
person  and  all  the  parties  to  such  controversy  agree  in 
writing  to  submit  such  controversy  to  the  commission  as 
arbitrators,  the  commission  shall  act  as  such,  and  af  er 
due  notice  to  all  parties  interested  shall  proceed  to  h«  ar 
the  same,  and  their  award  shall  be  final.  Such  award  in 
cases  where  land  or  an  interest  in  land  is  concerned  shall 
immediately  be  certified  to  the  clerk  of  the  Superior  Co  irt 
of  the  county  in  which  said  land  is  situated  and  shall  by 
such  clerk  be  docketed  in  the  judgment  docket  for  si  ch 
county,  and  from  such  docketing  shall  bea  judgment  of  1  he 
Superior  Court  for  such  county.  Parties  may  appear  in 
person  or  by  attorney  before  such  arbitrators.  18  >9,  - 
chapter  164,  §  25. 

IV.    appeals. 

Right  of — How  taken.  §  1074.  From  all  decisions  or 
determinations  made  by  the  corporation  commission  a  ay 
party  affected  thereby  shall  be  entitled  to  an  appeal,  lie- 
fore  such  party  shall  be  allowed  to  appeal,  he  shall,  witl  in 
10  days  after  notice  of  such  decision  or  determination,  lie 
with  the  commission  exceptions  to  the  decision  or  det  ;r- 
mination  of  the  commission,  which  exceptions  shall  sti  te 
the  grounds  of  objection  to  such  decision  or  determinatt  m. 
If  any  one  of  such  exceptions  shall  be  overruled,  then  such 
party  may  appeal  from  the  order  overruling  the  exception, 
and  shall,  within  10  days  after  the  decision  overruliag 
the  exception,  give  notice  of  his  appeal.  When  an  excep- 
tion is  made  to  the  facts  as  found  by  the  commission,  the 
appeal  shall  be  to  the  Superior  Court  in  term  time;  other- 
wise to  the  judge  of  the  Superior  Court  at  chambers.  The 
party  appealing  shall,  within  10  days  after  the  notice  of 
appeal  has  been  served,  file  with  the  commission  excep- 
tions to  the  decision  or  determination  overruling  the  ix- 
ceptlons,  which  statement  shall  assign  the  errors  com- 
plained of  and  the  grounds  of  the  appeal.  Upon  the  fillag 
of  such  statement  the  commission  shall,  within  10  days, 
transmit  all  the  papers  and  evidence  considered  by  it,  :o- 
gether  with  the  assignment  of  errors  filed  by  the  appellait. 
to  a  judge  of  the  Superior  Court  holding  court  or  residing 
in  some  district  in  which  such  company  operates  or  the 
party  resides.  If  there  be  no  exceptions  to  any  facts  aa 
found  by  the  commission,  it  shall  be  heard  by  the  judge 
at  chambers  at  some  place  in  the  district,  of  which  ill 
parties  shall  have  10  days'  notice.  1899,  chapter  114, 
§§  7.  28;  1903,  chapter  126. 

Appeal  docketed — Priority  of  trial — Burden.  §  1075.  The 
cause  shall  be  entitled  "State  of  North  Carolina  on  rela- 
tion of  the  Corporation  Commission  against  (here  Insert 
name  of  appellant),"  and  if  there  are  exceptions  to  any 
facts  found  by  the  commission,  it  shall  be  placed  on  the 


PuBLtc  Service  Laws 


1007 


civil  issue  docket  of  such  court  and  shall  have  precedence 
of  other  civil  actions,  and  shall  be  tried  under  the  same 
rules  and  regulations  as  are  prescribed  for  the  trial  of 
other  civil  causes,  except  that  the  rates  fixed  or  the  de- 
cision or  determination  made  by  the  commission  shall  be 
prima  facie  just  and  reasonable.  1899,  chapter  164,  §  7. 
Note.    See  §  1112. 

Heard  at  chambers  by  consent.  §  1076.  By  consent  of 
all  parties  the  appeal  may  be  heard  and  determined  at 
chambers  before  any  judge  of  a  district  through  or  into 
which  the  railroad  may  extend,  or  any  judge  holding  court 
therein,  or  in  which  the  person  or  company  does  business. 
1899,  chapter  164,  §  7. 

To  ^Supreme  Court.  §  1077.  Either  party  may  appeal  to 
the  Supreme  Court  from  the  judgment  of  the  Superior 
Court  under  the  same  rules  and  regulations  as  are  pre- 
scribed by  law  for  appeals,  except  that  the  State  of  North 
Carolina  if  it  shall  appeal  shall  not  be  required  to  give 
any  undertaking  or  make  any  deposit  to  secure  the  cost 
of  such  appeal,  and  such  court  may  advance  the  cause 
on  its  docket  so  as  to  give  the  same  a  speedy  hearing. 
1899,  chapter  164,  §  7. 

Rates  vacated  pending  appeal,  hoio.  §  1078.  The  rates 
of  freight  and  fare  fixed  by  the  commission  shall  be  and 
remain  the  established  rates  and  shall  be  so  observed  and 
regarded  by  corporations  appealing  until  the  same  shall  be 
changed,  reversed  or  modified  by  the  judgment  of  the 
Superior  Court,  unless  the  railroad  company  shall  within 
15  days  file  with  said  commission  a  justified  undertaking, 
in  a  sum  to  be  fixed  by  the  commission,  conditioned  to 
pay  the  State  of  North  Carolina  the  difference  between  the 
aggregate  freights  charged  or  received  and  those  fixed  by 
said  commission,  and  to  make  a  report  of  freights  charged 
or  received  every  three  months  during  the  pendency  of 
such  appeal;  and  whenever  such  difference  in  freights 
equals  or  exceeds  the  penalty  of  such  undertaking  the 
commissibn  may  require  another  to  be  executed  and  filed 
with  them.  Prom  the  time  the  undertaking  first  mentioned 
is  filed  the  judgment  appealed  from  shall  be  vacated;  but 
a  failure  for  10  days  to  file  any  additional  undertaking  re- 
quired by  the  commission  shall  eo  instanti  revive  such 
judgment.  Out  of  the  funds  paid  into  the  State  treasury 
under  this  section  there  shall  be  refunded  to  shippers  the 
overpaid  freight  ascertained  by  the  first  determination  of 
the  appeal  on  the  recommendation  of  the  commission,  if 
application  therefor  is  made  within  one  year  from  such  final 
determination.    1899,  chapter  164,  §  7. 

Judgment  Superior  Court  not  vacated  by  appeal.  §  1079. 
Any  freight  or  passenger  rates  fixed  by  the  commission, 
when  approved  or  confirmed  by  the  judgment  of  the  Super- 
ior Court,  shall  be  and  remain  the  established  rates  and 
shall  be  so  observed  and  regarded  by  an  appealing  cor- 
poration until  the  same  shall  be  changed,  revised  or  modi- 
fled  by  the  final  judgment  of  the  Supreme  Court,  if  there 
shall  be  an  appeal  thereto,  and  until  changed  by  the  cor- 
poration commission.    1899,  chapter  164,  §  7. 

Judgment  on  appeal  enforced  by  mandamus.  §  1080.  In 
all  cases  in  which,  upon  appeal,  a  judgment  of  the  corpora- 
tion commission  is  affirmed,  in  whole  or  in  part,  the  ap- 
pellate court  shall  embrace  in  its  decree  a  mandamus  to 
the  appellant  to  put  said  order  in  force,  or  so  much  thereof 
as  shall  be  affirmed.    1905,  chapter  107,  §  2. 

Peremptory  mandamus  to  enforce  order,  when  no  appeal. 
1 1081.  If  no  appeal  is  taken  from  an  order  or  judgment  of 
the  corporation  commission  within  the  time  prescribed 
by  the  law,  but  the  corporation  affected  thereby  fails  to 
put  said  order  in  operation,  the  corporation  commission 
may  apply  to  the  judge  riding  the  Superior  Court  district 
which  embraces  Wake  county,  or  to  the  resident  judge  of 
said  district  at  chambers,  upon  10  days'  notice,  for  a  per- 
emtory  mandamus  upon  said  corporation  for  the  putting 
in  force  of  said  judgment  or  order;  and  if  said  judge  shall 
find  that  the  order  of  said  commission  was  valid  and 
within  the  scope  of  its  powers,  he  shall  issue  such  per- 
Dmptory  mandamus.  An  appeal  shall  lie  to  the  Supreme 
Court  in  behalf  of  the  corporation  commission,  or  the 
aefendant  corporation,  from  the  refusal  or  the  granting  of 
3Uch  peremptory  mandamus,     1905,  chapter  107. 

V.      INJUNCTION. 

When  granted—Bond.    §  1082.    No  judge  shall  grant  an 
injunction,  restraining  order  or  other  process   staying  or 


affecting,  during  the  pending  of  any  appeal,  the  enforce- 
ment of  any  determination  of  the  corporation  commissioa 
fixing  rates  or  fares,  without  requiring  as  a  condition  pre- 
cedent the  executing  and  filing  with  the  corporation  com- 
mission of  a  justified  undertaking  in  the  sum  of  not  less 
than  $25,000  for  any  company  whose  road  is  of  less  length 
than  50  miles,  and  $50,000  for  any  company  whose  road  is 
over  50  miles  in  length,  conditioned  that  the  company  will 
make  and  file  with  the  corporation  commission  a  sworn 
statement  every  three  months  during  the  pending  of  the 
appeal  of  the  items  of  freight,  with  names  of  shippers,  car- 
ried over  such  company's  road  within  the  pending  90  days, 
showing  the  freights  charged  and  those  fixed  by  the  cor- 
poration commission;  and  in  the  event  the  determination 
of  the  corporation  commission  appealed  from  is  affirmed 
in  part  or  in  whole  such  company  shall  within  30  days 
pay  into  the  treasury  of  North  Carolina  the  aggregate 
difference  between  the  freights  collected  and  those  fixed 
by  the  final  determination  of  the  matter  appealed.  1899, 
chapter  164,  §  7. 

Restraining  order  vacated,  when.  §  1083.  Whenever  the 
aggregate  difference  between  the  freights  collected  and 
those  fixed  by  the  corporation  commission  shall  equal  or 
exceed  the  sum  specified  in  the  undertaking,  the  corporar 
tion  commission  shall  notify  the  appellant  that  another 
justified  undertaking  in  like  sum  and  with  the  same  con- 
ditions as  the  original  undertaking  is  required  to  be  exe- 
cuted and  filed  with  the  corporation  commission.  A  failure 
to  file  with  the  corporation  commission  the  sworn  state- 
ment provided  for  in  the  preceding  section,  or  any  one  of 
them  when  more  than  one  is  required  or  asked  for,  or  a 
failure  to  give  an  additional  undertaking  when  required 
within  15  days  from  notice  so  to  do,  shall  vacate  and  ren- 
der null  and  void  any  restraining  order,  injunction  or 
other  process  to  stay  the  enforcement  of  any  determlna^ 
tion  of  the  corporation  commission  as  to  schedules  of  rates. 
1899,  chapter  164,  §  7. 

Suits  on  injunction  bond.  §  1084.  When  any  of  the  con- 
ditions of  such  undertaking  are  broken  it  may  be  sued 
on  and  enforced  in  the  name  of  the  State  of  North  Carolina 
on  the  relation  of  the  corporation  commission  by  summons 
returnable  to  the  Superior  Court  of  any  county  in  the  State 
at  a  regular  term  thereof.  The  solicitor  of  the  district 
shall  prosecute  the  action  in  his  court  in  behalf  of  the 
State,  and  shall  be  allowed  such  fees,  to  be  taxed  in  the 
bill  of  costs,  as  the  court  may  order;  and  the  attorney- 
general  shall  prosecute  an  appeal  to  the  Supreme  Court  on 
behalf  of  the  State  and  shall  be  allowed  such  fees,  to  be 
taxed  in  the  full  bill  of  costs,  as  the  court  shall  allow. 
1899,  chapter  164,  §7. 

What  recovered — Application  of  recovery.  §  1085.  In 
cases  where  the  sworn  statements  herein  required  to  be 
made  are  not  made  the  whole  penalty  of  the  undertaking 
shall  be  enforced  and  paid  into  the  State  treasury.  The  sums 
paid  Into  the  treasury  under  the  provisions  of  this  section 
shall  be  used  to  reimburse  the  shippers  of  freight  for  the 
excess  of  freights  paid  over  what  should  have  been  paid, 
such  reimbursements  to  be  made  on  recommendation  of 
the  corporation  commission:  Provided,  application  there- 
for is  made  within  one  year  after  the  determination  of  the 
appeal  in  which  the  undertaking  was  given.  The  recovery 
lu  each  undertaking  shall  be  applied  to  such  excess  of 
freights  as  has  been  paid  during  the  period  covered  by 
such  undertaking.    1899,  chapter  164,  §  7. 

VI.      PENALTIES. 

For  violating  rules.  §  1086.  If  any  railroad  company 
doing  business  in  this  State  by  its  agents  or  employes  shall 
be  guilty  of  a  violation  of  the  rules  and  regulations  provided 
and  prescribed  by  the  commission,  and  If  after  due  notice 
of  such  violation  given  to  the  principal  officers  thereof.  If 
residing  in  the  State,  or,  if  not,  to  the  manager  or  superin- 
tendent or  secretary  or  treasurer  if  residing  in  the  State, 
or  if  not  then  to  any  local  agent  thereof,  ample  and  full 
recompense  for  the  wrong  or  injury  done  thereby  to-  any 
person  or  corporation  as  may  be  directed  by  the  commis- 
sion shall  not  be  made  within  30  days  from  the  time  of 
such  notice,  such  company  shall  incur  a  penalty  for  each 
offense  of  $500.    1899,  chapter  164,  §  15. 

Refusing  to  obey  orders  of  commission.  §  1087.  Any 
railroad  or  other  corporation  which  violates  any  of  the 
provisions   of  this   chapter  or   refuses   to   conform   to   or 


1008 


National  Association  of  Eailway  Commissioners 


obey  any  rule,  order  or  regulation  of  the  corporation  com- 
mission shall,  In  addition  to  the  other  penalties  prescribed 
in  this  chapter,  forfeit  and  pay  the  sum  of  $500  for  each 
offense,  to  be  recovered  in  an  action  to  be  instituted  in 
the  Superior  Court  of  Wake  county,  in  the  name  of  the 
State  of  North  Carolina  on  the  relation  of  the  corporation 
commission;  and  each  day  such  company  continues  to 
violate  any  provision  of  this  chapter  or  continues  to  refuse 
to  obey  or  perform  any  rule,  order  or  regulation  prescribed 
liy  the  corporation  commission  shall  be  a  separate  offensp. 
1899,  chapter  164,  §  23. 

Discrimination  letween  connecting  lines.  §  1088.  All 
common  carriers  subject  to  the  provisions  of  this  chapter 
shall  according  to  their  powers  afford  all  reasonable,  proper 
and  equal  facilities  for  the  interchange  of  traffic  between 
their  respective  lines  and  for  the  forwarding  and  deliver- 
ing of  passengers  and  freights  to  and  from  their  several 
lines  and  those  connecting  therewith,  and  shall  not  dis- 
criminate in  their  rates  and  charges  against  such  connect- 
ing lines,  and  connecting  lines  shall  be  required  to  make 
as  close  connection  as  practicable  for  the  convenience  of 
the  traveling  public.  And  common  carriers  shall  obey  all 
rules  and  regulations  made  by  the  commission  relating  to 
trackage.    1899,  chapter  164,  §  21. 

Failure  to  make  reports.  §  1089.  Every  officer,  agent 
or  employe  of  any  railroad  company,  express  or  telegraph 
company  who  shall  wilfully  neglect  or  refuse  to  make  and 
furnish  any  report  required  by  the  commission  for  the  pur- 
poses of  this  chapter,  or  who  shall  wilfully  or  unlawfully 
hinder,  delay  or  obstruct  the  commission  in  the  discharge 
of  the  duties  hereby  imposed  upon  it,  shall  forfeit  and 
pay  $500  for  each  offense,  to  be  recovered  in  an  action 
in  the  name  of  the  State.  A  delay  of  10  days  to  make  and 
furnish  such  report  shall  raise  the  presumption  that  the 
same  was  wilful.    1899,  chapter  164,  §18. 

General  offenses.  §  1090.  If  any  railroad  company  shall 
Violate  the  provisions  of  this  chapter  not  otherwise  pro- 
"vided  for,  such  railroad  company  shall  incur  a  penalty  of 
$100  for  each  violation,  to  be  recovered  by  the  party  in- 
jured.    1899,  chapter  104,  §  17. 

Violation  of  rules,  causing  injury  —  Damages  —  Limitw- 
tion.  §  1091.  If  any  railroad  company  doing  business  in 
this  State  shall,  in  violation  of  any  rate  or  regulation  pro- 
vided by  the  commission,  inflict  any  wrong  or  injury  on 
any  person,  such  person  shall  have  a  right  of  action  and 
recovery  for  such  wrong  or  injury,  in  any  court  having 
jurisdiction  thereof,  and  the  damages  to  be  recovered  shall 
l)e  the  same  as  in  an  action  between  individuals,  except 
that  in  case  of  wilful  violation  of  law  such  railroad  com- 
pany shall  be  liable  to  exemplary  damages:  Provided, 
that  all  suits  under  this  chapter  shall  be  brought  within 
one  year  after  the  commission  of  the  alleged  wrong  or  in- 
jury.   1899,  chapter  164,  §  16. 

Action  for,  when  and  how  brought.  §  1092.  An  action 
for  the  recovery  of  any  penalty  under  this  chapter  shall 
be  instituted  in  the  county  In  which  the  penalty  has  been 
incurred,  and  shall  be  instituted  in  the  name  of  the  State 
of  North  Carolina  on  the  relation  of  the  corporation  com- 
mission against  the  company  incurring  such  penalty;  or 
whenever  such  action  is  upon  the  complaint  of  any  injured 
person  or  corporation,  it  shall  be  instituted  in  the  name 
of  the  State  of  North  Carolina  on  the  relation  of  the  cor- 
poration commission  upon  the  complaint  of  such  Injured 
person  or  corporation  against  the  company  incurring  such 
penalty.  Such  action  shall  be  instituted  and  prosecuted 
ty  the  attorney-general  or  the  solicitor  of  the  judicial  dis- 
trict in  which  such  penalty  has  been  incurred,  and  the 
judge  before  whom  the  same  is  tried  shall  determine  the 
amount  of  compensation  to  be  allowed  the  attorney-general 
or  such  solicitor  prosecuting  said  action  for  his  services, 
and  such  compensation  so  determined  shall  be  taxed  as 
part  of  the  cost.  The  procedure  in  such  actions,  the  right 
of  appeal  and  the  rules  regulating  appeals  shall  be  the 
same*  as  are  now  provided  by  law  in  other  civil  actions. 
1899,  chapter  164,  §  15. 

Remedies  cumulative.  %  1093.  The  remedies  given  by 
this  chapter  to  persons  Injured  shall  be  regarded  as  cumu- 
lative to  the  remedies  now  given  or  which  may  be  given  by 
law  against  railroad  corporations,  and  this  chapter  shall  not 
be  construed  as  repealing  any  statute  giving  such  remedies. 
1899,  chapter  164,  §  26. 


VII.      JUBISOICnON. 

Delivery  of  freight,  express  and  haggage.  §  1094.  The 
corporation  commission  shall  make  reasonable  and  just 
ruVes — 

1.  For  the  handling  of  freight  and  baggage  at  stations. 

2.  As  to  charges  by  any  company  or  corporation  en- 
gaged in  the  carriage  of  freight  or  express  tor  the  neces 
sary  handling  and  delivery  of  the  same  at  all  stations. 
1899,  chapter  164,  §  2,  subsections  2,  7. 

Prevent  discriminations.  §  1095.  The  corporation  com- 
mission shall  make  reasonable  and  just  rules  and  regula- 
tions— 

1.  To  prevent  discrimination  in  the  transportation  of 
freight  or  passengers. 

2.  To  prevent  the  giving,  paying  or  receiving  of  any  re- 
bate or  bonus,  directly  or  indirectly,  or  the  misleading  or 
deceiving  the  public  in  any  manner  as  to  real  rates  charged 
for  freight,  express  or  passengers.  1899,  chapter  164,  §  2, 
subsections  3,  5. 

Telegraph  and  telephone  rates.  §1096  (as  amended). 
The  commission  shall  have  power  and  are  directed  to 
make  just  and  reasonable  rates  of  charges  for  the  trims- 
mission  and  delivery  of  messages  by  any  telegraph  com- 
pany, and  to  make  just  and  reasonable  rates  of  charges 
for  the  rental  of  telephones  and  furnishing  telephonic  cim- 
munication  by  any  telephone  company  or  corporation.  1907, 
chapter  469,  §  4;  1899,  chapter  164,  §  2,  subsections  10.  11. 

1.  That  every  person  or  individual  owning  and  oper- 
ating any  telephone  or  telegraph  line  in  North  Carol' na, 
and  who  rents  phones  or  wires  to  persons  generally,  shall 
be  subject  to  the  same  control  and  supervision  by  the 
corporation  commission,  and  the  same  pains  and  penal  ies 
under  the  law,  as  are  corporations  owning  and  operating 
telephone   and   telegraph   lines. 

2.  That  this  Act  shall  be  in  force  from  and  after  its 
ratification.     1907,  chapter  966. 

Stations  and  depots.  §1097  (as  amended).  The  com- 
mission is  empowered  and  directed — 

1.  To  require,  where  the  public  necessity  demands  ;-nd 
it  is  demonstrated  that  the  revenue  received  will  be 
sufficient  to  justify  it,  the  establishment  of  stations  by  ;  ny 
company  or  corporation  engaged  in  the  transportation  of 
freight  and  passengers  in  this  State,  and  to  require  he 
erection  of  depot  accommodations  commensurate  with  s  ich 
business  and  revenue;  provided,  the  commissioners  s'all 
not  require  any  company  or  corporation  to  establish  ;  ny 
station  nearer  to  another  station  than  five  miles,  i:  99, 
chapter  164,  §  2,  subsection  12. 

2.  To  require  a  change  of  any  station  or  the  repair  ng, 
addition  to,  or  change  of  any  station  house  by  any  railr  )ad 
or  other  transportation  company  in  order  to  promote  the 
security,  convenience  and  accommodation  of  the  public  ind 
to  require  the  raising  or  lowering  of  the  track  at  my 
crossing  when  deemed  necessary.  1899,  chapter  164,  §  2, 
subsection  13. 

3.  To  require,  when  practicable,  and  when  the  nec«  ssl- 
ties  of  the  case,  in  the  judgment  of  the  corporation  c  )m- 
misslon,  require,  any  two  or  more  r&ilroads  which  now  or 
hereafter  may  enter  any  city  or  town  to  have  one  comi  ion 
or  union  passenger  depot  for  the  security,  accommoda  ion 
and  convenience  of  the  traveling  public,  and  to  unit(  in 
the  joint  undertaking  and  expense  of  erecting,  construe  ing 
and  maintaining  such  union  passenger  depot,  commensu  ate 
with  the  business  and  revenues  of  such  railroad  companies 
or  corporations,  on  such  terms,  regulations,  provisions  and 
conditions  as  the  commission  shall  prescribe.  The  ail- 
roads  so  ordered  to  construct  a  union  depot  shall  tave 
power  to  condemn  land  for  such  purpose,  as  in  case  o:  lo- 
cating and  constructing  a  line  of  railroad;  provided,  hat 
nothing  in  this  section  shall  be  construed  to  authorize 
the  commission  to  require  the  construction  of  such  union 
depot  should  the  railroad  companies  at  the  time  of  app  ica- 
tion  for  said  order  have  separate  depots,  which,  in  the 
opinion  of  the  corporation  commission,  are  adequate  a^ 
convenient  and  offer  suitable  accommodations  for  the  i^M 
eling  public.    1903,  chapter  126.  jH 

4.  To  require  the  establishment  of  separate  wait1n# 
rooms  at  all  stations  for  the  white  and  colored  races. 
1899,  chapter  164,  §2,  subsection  14. 

5.  To  require  the  construction  of  side  tracks  by  any 
railroad  company  to  industries  already  established  or  to 
be  established;  provided,  it  is  shown  that  the  proportion 
of  such  revenue  accruing  to  such  side  track  is  sufflcL" 


nckat 

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Public  Service  Laws 


1009 


within  five  years  to  pay  the  expense  of  its  construction. 
This  shall  not  be  construed  to  give  the  commission 
authority  to  require  railroad  companies  to  construct  side 
tracks  more  than  500  feet  in  length.  1899,  chapter  164, 
§  2,  subsection  15. 

6.  To  require,  when  practicable  and  when  the  necessi- 
ties of  the  traveling  public,  in  the  judgment  of  the  cor- 
poration commission,  demand,  that  any  railroad  in  this 
State  shall  install  and  operate  one  or  more  passenger  or 
freight  trains  over  its  road,  and  also  require  any  two  or 
more  railroads  having  intersecting  points  to  make  close 
connection  at  such  points;  provided,  that  no  order  under 
this  Act  shall  be  made  unless  the  business  of  thp  railroad 
Justifies  it.     1907,  chapter  469,   §  3. 

7.  From  time  to  time  to  carefully  examine  into  and  in- 
spect the  condition  of  each  railroad,  its  equipment  and  fa- 
cilities, in  regard  to  the  public's  safety  and  convenience; 
and  if  any  are  found  by  them  to  be  unsafe,  they  shall  at 
once  notify  and  require  the  railroad  company  to  put  the 
same  in  repair.     1907,  chapter  469,  §  3. 

8.  That  all  powers  and  duties  in  every  respect  con- 
ferred by  law  upon  the  corporation  commission  with  re- 
spect to  railroads  and  other  transportation  companies  are 
hereby  conferred  upon  said  corporation  commission  to 
control  and  regulate  telegraph,  telephone  and  all  other 
companies  engaged  in  transmission  of  messages,  in  so  far 
as  they  apply.    1907,  chapter  469,  §  3. 

Depots  not  abandoned.  §  1098.  A  railroad  corporation 
which  has  established  and  maintained  for  a  year  a  pas- 
senger station  or  freight  depot  at  a  point  upon  its  road 
shall  not  abandon  such  station  or  depot,  nor  substantially 
diminish  the  accommodation  furnished  by  the  stopping  of 
trains  except  by  consent  of  the  commission.  Freight  or 
passenger  depots  may  be  relocated  upon  the  written  ap- 
proval of  the  commission.      1899,  chapter  164,  §§  19,  20. 

Freight  and  passenger  rates.  §  1099.  The  commission 
shall  make  reasonable  and  just  rates — 

1.  Of  freight,  passenger  and  express  tariffs  for  rail- 
roads, street  railways,  steamboats,  canal  and  express  com- 
panies or  corporations,  and  all  other  transportation  com- 
panies or  corporations  engaged  in  the  carriage  of  freight, 
express  or  passengers. 

2.  For  the  through  transportation  of  freight,  express 
or  passengers. 

3.  Of  charges  for  the  transportation  of  packages  by 
any  express  company  or  corporation. 

4.  Of  charges  for  the  use  of  railroad  cars  carrying 
freight  or  passengers. 

5.  And  rules  and  regulations  as  to  contracts  entered 
into  by  any  railroad  company  or  corporation  to  carry  over 
its  line  or  any  part  thereof  the  car  or  cars  of  any  other 
company  or  corporation. 

6.  And  rules  and  regulations  as  to  contracts  entered 
into  by  any  railroad  rates  on  grain;  or  lumber  to  be  dressed 
and  shipped  over  the  line  of  the  railroad  company  on  which 
such  freight  originated. 

7.  And,  conjointly  with  such  railroad  companies,  shall 
have  authority  to  make  special  rates  for  the  purpose  of 
developing  all  manufacturing,  mining,  milling  and  internal 
improvements  in  the  State. 

Nothing  in  this  chapter  shall  prohibit  railroad  or  steam- 
boat companies  from  making  special  passenger  rates 
with  excursion  or  other  parties,  also  rates  on  such  freights 
as  are  necessary  for  the  comfort  of  such  parties,  subject 
to  the  approval  of  the  commission.  1899,  chapter  164, 
§§  2,  14;  1903,  chapter  683. 

Demurrage  —  Storage  —  Placing  and  loading  of  cars. 
§  1100.  The  commission  shall  make  rules,  regulations  and 
rates  governing  demurrage  and  storage  charges  by  railroad 
companies  and  other  transportation  companies;  and  shall 
make  rules  governing  railroad  companies  in  the  placing  of 
cars  for  loading  and  unloading  and  in  fixing  time  limit  for 
delivery  of  freights  after  tl^  same  have  been  received  by 
the  transportation  companies  for  shipment.  1903, 
chapter  342. 

May  fix  rate  of  speed  trains  may  run  through  a  town — 
Petition  to  be  filed — Procedure.  §  1101.  If  any  railroad 
company  shall  be  of  the  opinion  that  an  ordinance  of  a 
city  or  town  through  which  a  line  of  its  railroad  passes, 
except  in  the  counties  of  Cumberland,  Rockingham,  Union 
and  Wayne,  regulating  the  speed  at  which  trains  may  run 
while  passing  through  said  city  or  town,  is  unreasonable 
or  oppressive,  such  railroad  company  may  file  its  petition 
before  the  corporation  commission,  setting  forth  all  the 


facts,  and  asking  relief  against  such  ordinance,  and  that  the 
corporation  commission  prescribe  the  rate  of  speed  at 
which  trains  may  run  through  said  municipality.  Upon  the 
filing  of  the  petition  a  copy  thereof  shall  be  mailed,  in  a 
registered  letter,  to  the  mayor  or  chief  officer  of  the  town 
or  municipality,  together  with  a  notice  from  the  corpora- 
tion commission,  setting  forth  that  on  a  day  named  in  the 
notice  the  petition  of  the  railroad  company  will  be  heard, 
and  that  the  city  or  town  named  in  the  petition  will  be 
heard  at  that  time  in  opposition  to  the  prayer  of  the  peti- 
tion. And  upon  the  return  day  of  the  notice  the  corpora- 
tion commission  shall  hear  the  petition;  provided,  that 
any  hearing  granted  by  the  corporation  commission,  as 
authorized  by  this  section,  shall  be  had  at  the  town,  city  or 
locality  where  the  conditions  complained  of  are  alleged  to 
exist,  or  some  member  of  the  said  commission  shall  take 
evidence  both  for  the  petition  and  against  It,  at  such  city, 
town  or  locality,  and  report  to  the  full  commission  before 
any  decision  is  made  by  the  commission.    1903,  chapter  552. 

To  pass  on  ordinance  and  fix  rate  of  speed.  §  1102. 
Either  party,  petitioner  or  respondent,  shall  have  the  right 
to  introduce  testimony  and  to  be  heard  by  counsel,  and 
the  corporation  commission,  after  hearing  the  petition, 
answer,  evidence  and  argument,  shall  render  judgment 
thereon.  If  the  commission  shall  find  that  such  ordinance 
is  reasonable  and  just  the  petition  shall  be  dismissed,  and 
the  petitioner  shall  pay  all  the  costs  to  be  taxed  by  the 
clerk  to  the  corporation  commission.  If  the  corporation 
commission  shall  be  of  the  opinion  that  the  ordinance  is  un- 
reasonable, it  shall  so  adjudge;  and  in  addition  thereto  it 
shall  prescribe  the  maximum  rates  of  speed  for  passing 
through  such  town.  And  thereafter  the  railroad  company 
may  run  its  trains  through  such  town  or  city  at  speeds 
not  greater  than  those  prescribed  by  the  corporation  com- 
mission, and  the  ordinance  adjudged  to  be  unreasonable 
shall  not  be  enforced  against  such  railroad  company.  1903, 
chapter  552,  §  2. 

When  costs  on  hearing  to  fix  rate  of  speed  in  discretion 
of  commission.  §  1103.  If  the  judgment  of  the  corporation 
commission  shall  be  in  favor  of  the  petitioner,  it  shall  be 
lawful  for  the  corporation  commission  to  make  such  order 
as  to  the  payment  of  the  costs  as  shall  seem  just.  It 
may  require  either  party  to  pay  the  same  or  it  may  divide 
the  same.  The  costs  in  such  proceeding  shall  be  the  same 
as  are  fixed  by  law  for  similar  services  in  the  Superior 
Court.  1903,  chapter  552,  §  3. 

VIII.      BATES. 

How  fixed.  §  1104.  In  fixing  any  maximum  rate  or 
charge,  or  tariff  of  rates  or  charges  for  any  common  car- 
rier, person  or  corporation  subject  to  the  provisions  of 
this  chapter  the  commission  shall  take  into  consideration 
if  proved,  or  may  require  proof  of,  the  value  of  the  prop- 
erty of  such  carrier,  person  or  corporation  used  for  the 
public,  in  the  consideration  of  such  rate  or  charge,  or  the 
fair  value  of  the  service  rendered  in  determining  the  value 
of  the  property  so  being  used  for  the  convenience  of  the 
public.  It  shall  furthermore  consider  the  original  cost  of 
the  construction  thereof  and  the  amount  expended  in 
permanent  improvements  thereon  and  the  present  com- 
pared with  the  original  cost  of  construction  of  all  its  prop- 
erty within  the  State;  the  probable  earning  capacity  of 
such  property  under  the  particular  rates  proposed  and  the 
sum  required  to  meet  the  operating  expenses  of  such  car- 
rier, person  or  corporation,  and  all  other  facts  that  will 
enable  them  to  determine  what  are  reasonable  and  just 
rates,  charges  and  tariffs.  1899,  chapter  164,  §2,  subsec- 
tion 1. 

What  may  be  carried  free.  §  1105.  Nothing  In  this 
chapter  shall  prevent  the  carriage,  storage  or  handling  of 
property  free  or  at  reduced  rates  for  the  United  States, 
State  or  municipal  governments  or  for  charitable  or  edu- 
cational purposes;  or  for  any  corporation  or  association 
incorporated  for  the  preservation  and  adornment  of  any 
historic  spot,  or  to  the  employes  or  officers  of  such  com- 
pany or  association  while  traveling  in  the  performance  of 
tlieir  duties,  provided  they  shall  not  travel  further  than  10 
miles  one  way  on  any  one  trip  free  of  charge,  or  to  or  from 
fairs  or  exhibitions  for  exhibitions  thereat;  or  the  free  car- 
riage of  destitute  and  homeless  persons  transported  by 
charitable  societies,  and  the  necessary  agents  employed  in 
such  transportation,  or  the  free  transportation  of  persons 
traveling  in  the  interest  of  orphan  asylums  or  homes  for 
the  aged  and  infirm,  or  any  department  thereof,  or  ex- 


1010 


National  Association  of  Eailway  Commissioners 


Confederate  soldiers  attending  annual  reunions,  or  the  is- 
suance of  mileage,  excursion  or  commutation  passenger 
tickets;  or  to  prohibit  any  common  carrier  from  giving 
reduced  rates  to  ministers  of  religion,  or  to  municipal 
governments  for  the  transportation  of  indigent  persons,  or 
to  inmates  of  national  homes  or  State  homes  for  disabled 
volunteer  soldiers,  and  of  soldiers'  and  sailors'  orphan 
homes.  Including  those  about  to  enter  and  those  returning 
home  after  discharge  under  arrangements  with  the  hoards 
of  managers  of  said  homes;  or  to  prevent  railroads  from 
giving  free  carriage  to  their  own  officers  and  employes  and 
members  of  their  families,  or  to  prevent  the  principal  offi- 
cers of  any  railroad  company  from  exchanging  passes  or 
tickets  with  other  railroad  companies  for  their  officers  or 
employes.  Nothing  in  this  section  shall  be  construed  to 
prevent  or  restrict  transportation  companies  from  contract- 
ing with  newspapers  for  advertising  space  in  exchange  for 
transportation  over  their  lines  to  such  an  extent  as  may 
be  agreed  upon  between  the  two  parties  for  said  considera- 
tion. The  commissioners  and  their  clerks  shall  be  trans- 
ported free  of  charge  over  all  railroads  and  other  trans- 
portation lines  which  are  under  the  supervision  of  the 
commission;  and  when  traveling  on  official  business  they 
may  take  with  them  experts  or  other  agents  whose  serv- 
ice they  may  deem  temporarily  of  public  importance.  1899, 
chapter  164,  §22;  1899,  chapter  642;  1901,  chapter  679, 
§2;  1901,  chapter  652;   1905,  chapter  312. 

Chapter  148,  Acts  of  1911,  amends  §  1105  so  as  to  permit 
railroads  to  exchange  free  services  with  other  common  car- 
riers, as  follows: 
The  general  assembly  of  North  Carolina  do  enact: 

Free  passes  exchanged  among  common  carriers.  §  1. 
That  §1105  of  the  revisal  of  §1905  of  North  Carolina  be 
and  the  same  is  hereby  amended  by  striking  out  the  word 
"railroads,"  in  line  23,  and  substituting  therefor  the  words 
"common  carriers;"  by  striking  out  the  words  "railroad 
company,"  in  line  25,  and  substituting  therefor  the  words 
'common  carrier;"  and  by  striking  out  the  words  "rail- 
road companies,"  in  line  26,  and  substituting  therefor  the 
words  "common  carriers;"  by  adding  the  word  "franks" 
after  the  word  "passes"  and  before  the  word  "or,"  in  line 

25  of  said  section,  and  by  adding  the  words  "and  mem- 
bers of  their  families"  after  the  word  "employes,"  in  line 

26  thereof. 

§  2.  That  this  Act  shall  be  in  force  from  and  after  its 
ratification. 

Ratified  this  the  seventh  day  of  March,  A.  D.  1911. 

Chapter  49  of  the  Act  of  1911  adds  the  following  to  the 
classes  of  persons  to  whom  a  railroad  may  give  free 
transportation : 

"Purloughed,  pensioned  and  superannuated  employes, 
persons  who  have  become  disabled  or  infirm  in  the  serv- 
ice of  any  such  common  carrier,  and  the  remains  of  a  per- 
son killed  in  the  employment  of  a  common  carrier  and 
ex-employes  traveling  for  the  purpose  of  entering  the  serv- 
ice of  any  such  common  carrier  and  the  families  of  those 
persons  named;  also,  the  families  of  persons  killed,  and  the 
widows  during  widowhood,  and  minor  children  during 
minority  of  persons  who  died  while  in  the  service  of  any 
such  common  carrier." 

Revision  of  rates.  §  1106.  The  commission  shall  from 
time  to  time,  and  as  often  as  circumstances  may  require, 
change  and  revise  or  cause  to  be  changed  and  revised 
any  schedules  of  rates  fixed  by  the  commission,  or  al- 
lowed to  be  charged  by  any  carrier  of  freight,  passengers 
or  express,  or  by  any  telegraph  or  telephone  company. 
1899,  chapter  164,  §  7. 

Long  and  short  hauls.  §  1107.  It  shall  be  unlawful  for 
any  common  carrier  to  charge  or  receive  any  greater  com- 
pensation in  the  aggregate  for  the  transportation  of  pas- 
sengers or  of  like  kind  of  property  under  substantially 
similar  circumstances  and  conditions  for  a  shorter  than  for 
a  longer  distance  over  the  same  line  in  the  same  direction, 
the  shorter  being  included  within  the  longer  distance;  but 
this  shall  not  be  construed  as  authorizing  any  common 
carrier  within  the  terms  of  this  chapter  to  charge  and  re- 
ceive as  great  compensation  for  a  shorter  as  for  a  longer 
distance;  provided,  however,  that  upon  application  to  the 
commission,  such  common  carrier  may  in  special  cases  be 
authorized  to  charge  less  for  longer  than  for  shorter  dis- 
tances for  the  transportation  of  passengers  or  property; 
and  the  commission  may  from  time  to  time  prescribe  the 
extent  to  which  such  designated  common  carrier  may  be 
relieved  from  the  operation  of  this  section;  Provided,  that 


nothing  in  this  chapter  contained  shall  be  taken  as  in  any 
manner  abridging  or  controlling  the  rates  of  freight 
charged  by  any  railroad  in  this  State  for  conveying  freight 
which  comes  from  or  goes  beyond  the  boundaries  of  the 
State  and  on  which  freight  less  than  local  rates  on  any 
railroad  carrying  the  same  are  charged  by  such  railroadB. 
1899,  chapter  164,  §  14.  m 

Contracts  as  to  rates.  §  1108.  All  contracts  and  agree- ' 
ments  between  railroad  companies  as  to  rates  of  freight 
and  passenger  tariffs  shall  be  submitted  to  the  commission 
for  inspection  and  correction,  that  it  may  be  seen  whether 
or  not  they  are  a  violation  of  law  or  of  the  rules  and 
regulations  of  said  commission,  and  all  arrangements  and 
agreements  whatever  as  to  the  division  of  earnings  of  any 
kind  by  competing  railroad  companies  shall  be  submitted 
to  the  commission  for  inspection  and  approval  in  so  far  as 
they  affect  the  rules  and  regulations  made  by  the  com- 
mission to  secure  to  all  persons  doing  business  with  such 
companies  just  and  reasonable  rates  of  freight  and  pas- 
senger tariffs,  and  the  commission  may  make  such  rules 
and  regulations  as  to  such  contracts  and  agreements  as 
may  then  be  deemed  necessary  and  proper,  and  any  such 
agreements  not  approved  by  the  commission,  or  by  virtue 
of  which  rates  shall  be  charged  exceeding  the  rates  fixed 
for  freight  and  passengers,  shall  be  deemed,  held  and  taken 
to  be  violations  of  this  chapter  and  shall  be  Illegal  and  void. 
1899,  chapter  164,  §  6. 

Published.  1109.  All  carriers  shall,  whenever  requli  ed 
by  the  commission,  file  with  it  a  schedule  of  the  rates  of 
charges  for  freight  and  passengers,  and  the  commission  is 
authorized  and  required  to  publish  the  rates,  or  a  summary 
thereof,  in  some  convenient  form  for  the  information  of  t  le 
public,  and  quarterly  thereafter  the  changes  made  in  su  :h 
schedules  if  they  deem  it  advisable.    1899,  chapter  164,  §  7. 

Interstate  commerce.  §1110  (as  amended).  Upon  tae 
complaint  of  any  person  or  community  to  the  commissi' n 
of  any  unjust  discrimination  or  unjust  or  unreasonable  rs  te 
in  carrying  freight  which  comes  from  or  goes  beyond  t  le 
boundaries  of  the  State  by  any  railroad  company,  wheth  'r 
organized  under  the  laws  of  this  State  or  of  another  Sta  e 
and  doing  business  in  this  State,  the  commission  shall  i  i- 
vestigate  such  complaint,  and  if  the  same  be  sustained  it 
shall  be  the  duty  of  the  commission  to  bring  such  complai  it 
before  the  Interstate  Commerce  Commission  for  redre  3 
in  accordance  with  the  provisions  of  the  Act  of  congre  iS 
establishing  the  Interstate  Commerce  Commission.  Th.  y 
shall  receive  upon  application  the  services  of  the  attorne  ■'- 
general  of  the  State  and  he  shall  represent  them  befo  e 
the  Interstate  Commerce  Commission.  The  corporatii  n 
commission  shall  have  authority  to  employ  counsel  whe  i- 
ever  and  for  such  periods  of  time  as  in  their  judgment  it 
is  necessary  to  do  so,  and  counsel  so  employed  shall  1  e 
paid  such  fee  and  compensation  as  may  be  agreed  upon  I  y_ 
them.     1907,  chapter  409,  §  5;  1899,  chapter  164,  §  14.       , 

Duplicate  freight  receipts — Charges  stated — Freight  \ 
livered  on  payment  of  charges.     §  1111.     All  railroad  c« 
panies  shall  on  demand  issue  duplicate  freight  receipts } 
shippers  in  which  shall  be  stated  the  class  or  classes } 
freight  shipped,  the  freight  charges  over  the  road  givlj 
the  receipt,  and  so  far  as  practicable  shall  state  the  frei 
charges   over   the   roads   that   carry   such   freight.     Whl 
the  consignee  presents  the  railroad  receipt  to  the  agi 
of  the  railroad  that  delivers  such  freight  such  agent  shj 
deliver   the    articles    shipped    upon    payment   of   the   ri 
charged  for  the  class  of  freight  mentioned  in  the  recel 
1899,  chapter  164,  §  17. 

Schedule  of  rates,  evidence,  §  1112.  The  schedule  c|i 
taining  rates  fixed  by  the  commission  shall,  in  suits  brouf  f 
against  any  company  wherein  is  involved  the  cliarges  \\ 
any  company  for  the  transportation  of  any  passenger  ^1 
freight  or  cars  or  unjust  discrmiination  in  relation  ther^j 
be  taken  in  all  courts  as  prima  lacie  evidence  that  the  raf  i 
therein  fixed  are  just  and  reasonable  rates  of  charges  for 
the  transportation  of  passengers  and  freights  and  ca-s 
upon'  the  railroads.  All  such  schedules  shall  be  received 
and  held  in  all  suits  as  prima  facie  evidence,  the  schedules 
of  the  commission  without  further  proof  than  the  produc- 
tion of  the  schedules  desired  to  be  used  as  evidence,  with 
a  certificate  of  the  clerk  of  the  commission  that  the  same 
is  a  true  copy  of  the  schedule  prepared  or  approved  by  it 
for  the  railroad  company  or  corporation  therein  named. 
1899,  chapter  164,  §  7. 


Public  Service  Laws 


1011 


IX.      DUTIES. 

Notice  given  of  violations  —  Suits  instituted.  §  1113. 
The  commission,  whenever  in  its  judgment  any  corporation 
has  violated  any  law,  shall  give  notice  thereof  in  wrtilng 
to  such  corporation,  and,  if  the  violation  or  neglect  is  con- 
tinued after  such  notice  shall  forthwith  present  the  facts 
to  the  attorney-general,  who  shall  take  such  proceedings 
thereon  as  he  may  deem  expedient.     1899,  chapter  164,  §  8 

Fees  paid  to  treasurer.  §  1114.  All  license  fees  and  seal 
tax  and  all  other  fees  paid  into  the  office  of  the  corpora- 
tion commission  shall  be  turned  into  the  State  treasury; 
also  all  moneys  received  from  fines  and  penalties.  1899, 
chapter  164,  §  §  26,  33. 

Record  of  receipts  and  dishursements.  §  1115.  The  com- 
mission shall  keep  a  record  showing  in  detail  all  receipts 
and  disbursements.    1899,  chapter  164,  §  34. 

Fiscal  year.  §  1116.  The  fiscal  year  for  which  all  reports 
shall  be  made  which  may  be  required  of  any  railroad  or 
transportation  company  by  the  commission  under  this 
chapter  shall  end  on  the  30th  of  June.  1899,  chapter  164. 
§28. 

Report  of  commission.  §  1117.  It  shall  be  the  duty  of 
the  commission  to  make  to  the  governor  annual  reports 
of  its  transactions,  and  recommend  from  time  to  time  such 
legislation  as  it  may  deem  advisable  under  the  provisions 
of  this  chapter,  and  the  governor  shall  have  1,000  copies 
of  such  report  printed  for  distribution.  1899,  chapter  164, 
§  27. 

Expenses.  §  1118.  All  the  expenses  of  the  commission, 
except  as  otherwise  provided  by  law,  including  all  neces- 
sary expenses  for  transportation  incurred  by  the  commis- 
sion or  by  their  employes  under  their  orders  in  making 
any  investigation,  or  upon  official  business,  or  for  any 
other  purposes  necessary  for  carrying  out  the  provisions 
of  this  chapter,  and  necessary  furniture,  stationery,  post- 
age, lights  and  heat,  shall  be  allowed,  and  the  auditor  shall 
issue  his  warrant  upon  presentation  of  itemized  vouchers 
therefor  approved  by  the  chairman  of  the  commission: 
Provided,  that  the  expenses  allowed  under  this  section 
shall  not  exceed  $3,600  annually.  1899,  chapter  164,  §32; 
1899,  chapter  688. 

RAILWAYS. 

Map  of  railroad  made  and  filed.  §  2600.  Every  railroad 
corporation  shall,  within  a  reasonable  time  after  their  road 
shall  be  constructed,  cause  to  be  made  a  map  and  profile 
thereof,  and  of  the  land  taken  or  obtained  for  the  use 
thereof,  and  file  the  same  in  the  office  of  the  corporation 
commission.  Every  such  map  shall  be  drawn  on  a  scale 
and  on  paper  to  be  designated  by  the  corporation  commis- 
sion, and  certified  and  signed  by  the  president  or  engineer 
3f  such  corporation.  Code,  §  1977;  1871-2,  chapter  138,  §  41. 
Fast  mail  trains  authorized — One  train  a  day  in  each  direc- 
'ion  required.  §  2614.  The  corporation  commission  is  hereby 
smpowered,  whenever  it  shall  appear  wise  and  proper  to 
lo  so,  to  authorize  any  railroad  company  to  run  one  or 
more  fast  mail  trains  over  its  road,  which  shall  only  stop 
It  such  stations  on  the  line  of  the  road  as  may  be  desig- 
lated  by  the  company:  Provided,  that  in  addition  to  such 
last  mail  train  said  railroad  shall  run  at  least  one  passen- 
ger train  in  each  direction  over  its  road  on  every  day  ex- 
?ept  Sunday,  which  shall  stop  at  every  station  on  the 
•oad  at  which  passengers  may  wish  to  be  taken  up  or  put 
)ff:  Provided  further,  that  nothing  in  this  section  shall 
)e  construed  as  preventing  the  running  of  local  passenger 
Tains  on  Sunday.    1893,  chapter  97. 

Yestibule  fronts  on  street  railway  cars.  §  2615.  All 
itreet  passenger  railway  companies  shall  use  vestibule 
'rents,  of  frontage  not  less  than  four  feet,  on  all  passen- 
ger cars  run  by  them  on  their  lines  during  the  latter  half 
)t  the  month  of  November  and  during  the  months  of  De- 
!ember,  January,  February  and  March  of  each  year:  Pro- 
vided, that  such  companies  shall  not  be  required  to  close 
he  sides  of  the  vestibules:  Provided  further,  such  com- 
panies may  use  cars  without  vestibule  fronts  in  cases  of 
emporary  emergency  in  suitable  weather,  not  to  exceed 
'our  days  in  any  one  month  within  the  period  herein  pre- 
;cribed  for  use  of  vestibule  fronts.  The  corporation  com- 
nission  is  hereby  authorized  to  make  exemptions  from  the 
provisions  of  this  section  in  such  cases  as  in  their  judg- 
nent  the  enforcement  of  this  section  is  unnecessary.  1901, 
ihapter  743. 

Street  railways  to  have  fenders  in  front  of  passenger 


cars.  §  2616.  All  street  passenger  railway  companies  shall 
use  practical  fenders  in  front  of  all  passenger  cars  run  by 
them.  The  corporation  commission  is  hereby  authorized 
to  make  exemptions  from  the  provision  of  this  section  in 
such  cases  as  in  their  judgment  the  enforcement  of  this 
section  is  unnecessary.    1901,  chapter  743,  §  2. 

§  2618  repealed  1908,  Chapter  144. 

Separate  accommodations  for  different  races.  §  2619 
All  railroad  and  steamboat  companies  engaged  as  common 
carriers  in  the  transportation  of  passengers  for  hire,  other 
than  street  railways,  shall  provide  separate  but  equal  ac- 
commodations for  the  white  and  colored  races  at  passenger 
stations  or  waiting  rooms,  and  also  on  all  trains  and  steam- 
boats carrying  passengers.  Such  accommodations  may  be 
furnished  by  railroad  companies  either  by  separate  pas- 
senger cars  or  by  compartments  in  passenger  cars,  which 
shall  be  provided  by  the  railroads  under  the  supervision 
and  direction  of  the  corporation  commission:  Provided, 
that  this  shall  not  apply  to  relief  trains  in  cases  of  accident, 
to  Pullman  or  sleeping  cars,  or  through  express  trains  that 
do  not  stop  at  all  stations  and  are  not  used  ordinarily  for 
traveling  from  station  to  station,  to  negro  servants  in  at- 
tendance on  their  employers,  to  officers  or  guards,  trans- 
porting prisoners,  nor  to  prisoners  so  transported.  1899. 
chapter  384;  1901,  chapter  213. 

Corporation  commission  may  exempt  certain  roads  and 
trains.  §  2620.  The  corporation  commission  is  hereby  au- 
thorized to  exempt  from  the  provisions  of  the  preceding 
section  steamboats,  branch  lines  and  narrow-gauged  rail- 
roads and  mixed  trains  carrying  both  freight  and  passen- 
gers, if  in  its  judgment  the  enforcement  of  the  same  be 
unnecessary  to  secure  the  comfort  of  passengers  by  rea- 
son of  the  light  volume  of  passenger  traffic,  or  the  small 
number  of  colored  passenger  travelers  on  such  steamboats, 
narrow-gauge,  branch  lines  or  mixed  trains.  1899,  chapter 
384,  §  2;  1901,  chapter  213. 

When  two  races  put  in  same  coach.  §  2621.  When  any 
coach  or  compartment  car  for  either  race  shall  be  com- 
pletely filled  at  a  station  where  no  extra  coach  or  car  can 
be  had,  and  the  increased  number  of  passengers  could  not 
be  foreseen,  the  conductor  in  charge  of  such  train  may 
assign  and  set  apart  a  portion  of  a  car  or  compartment 
assigned  for  passengers  flf  one  race  to  passengers  of  the 
other  race.    1899,  chapter  384,  §  3. 

Penalty  for  failing  to  provide  separate  cars.  §  2622.  Any 
railroad  company  failing  to  comply  in  good  faith  with  the 
provisions  of  the  three  preceding  sections  shall  be  liable  to 
a  penalty  of  $100  per  day,  to  be  recovered  in  an  action 
brought  against  such  company  by  any  passenger  on  any 
train  or  boat  of  any  railroad  or  steamboat  company  which 
is  required  by  this  chapter  to  furnish  separate  accommoda- 
tions to  the  races,  who  has  been  furnished  accommodations 
on  such  railroad  train  or  steamboat  in  only  a  car  or  com- 
partment with  a  person  of  a  different  race,  in  violation  of 
law.    1899,  chapter  384,  §  5. 

Freight  rates  posted.  §  2630.  It  shall  be  the  duty  of  all 
railroad  and  other  transportation  companies  to  keep  posted 
in  a  conspicuous  place  in  their  depots  or  places  where 
freight  is  received  for  shipment,  a  list  of  its  charges  for 
carrying  freight,  specifying  name  of  place,  class  of  freight 
and  charge  for  carrying  the  same.  Such  charges  shall  not 
be  increased  without  giving  15  days'  notice,  and  the  com- 
pany represented  by  any  agent  refusing  to  comply  with  this 
section  shall  be  liable  to  a  penalty  of  not  less  than  $50  nor 
more  than  $100.     Code,  §  1965;  1879,  chapter  182,  §  2. 

Penalty  for  failure  to  receive.  §  2631.  Agents  or  other 
officers  of  railroads  and  other  transportation  companies 
whose  duty  it  is  to  receive  freights  shall  receive  all  articles 
of  the  nature  and  kind  received  by  such  company  for  trans- 
portation whenever  tendered  at  a  regular  depot,  station, 
wharf  or  boat  landing,  and  every  loaded  car  tendered  at  a 
side  track,  or  any  warehouse  connected  with  the  railroad 
by  a  siding,  and  shall  forward  the  same  by  the  route  se- 
lected by  the  person  tendering  the  freight  under  existing 
laws;  and  the  transportation  company  represented  by  any 
person  refusing  to  receive  such  freight  shall  forfeit  and 
pay  to  the  party  aggrieved  the  sum  of  $50  for  each  day  said 
company  refuses  to  receive  said  shipment  of  freight,  and 
all  damages  actually  sustained  by  reason  of  the  refusal 
to  receive  freight.  If  such  loaded  car  be  tendered  at  any 
siding  or  warehouse  at  which  there  is  no  agent,  notice  shall 
be  given  to  an  agent  at  the  nearest  regular  station  at  which 


1012 


National  Association  of  Railway  Commissioners 


<■ 


there  is  an  agent  that  such  car  is  loaded  and  ready  for 
shipment.     Code,  §  1964;  1903,  chapters  444,  693. 

Failure  to  transport  in  reasonable  time  —  Reasonable 
time  defined — Forfeiture.  §  2632.  It  shall  be  unlawful  for 
any  railroad  company,  steamboat  company,  express  com- 
pany or  other  transportation  company  doing  business  in 
this  State  to  omit  or  neglect  to  transport  within  a  reason- 
able time  any  goods,  merchandise  or  articles  of  value  re- 
ceived by  it  for  shipment  and  billed  to  or  from  any  place  in 
the  State  of  North  Carolina,  unless  otherwise  agreed  upon 
between  the  company  and  the  shipper,  or  unless  same  be 
burned,  stolen  or  otherwise  destroyed,  or  unless  otherwise 
provided  by  the  North  Carolina  corporation  commission. 
Each  and  every  company  violating  any  of  the  provisions 
of  this  section  shall  forfeit  to  the  party  aggrieved  the  sum 
of  $15  for  the  first  day  and  |2  for  each  succeeding  day  of 
such  unlawful  detention  or  neglect  where  such  shipment 
Is  made  in  carload  lots,  and  in  less  quantities  there  shall 
be  a  forfeiture  in  like  manner  of  $10  for  the  first  day  and 
$1  for  each  succeeding  day:  Provided,  the  forfeiture  shall 
not  be  collected  for  a  period  exceeding  30  days.  In  reckon- 
ing what  is  reasonable  time  for  such  transportation  it  shall 
be  considered  that  such  transportation  company  has  trans- 
ported freight  within  a  reasonable  time  if  it  has  done  so 
in  the  ordinary  time  required  for  transporting  such  articles 
of  freight  between  the  receiving  and  shipping  stations; 
and  a  delay  of  two  days  at-  the  initial  point  and  48  hours 
at  one  intermediate  point  for  each  100  miles  of  distance 
or  fractions  thereof  over  which  said  freight  is  to  be  trans- 
ported shall  not  be  charged  against  such  transportation 
company  as  unreasonable  and  shall  be  held  to  be  prima 
facie  reasonable,  and  a  failure  to  transport  within  such 
time  shall  be  held  prima  facie  unreasonable.  1903,  chapter 
590,  §  3;  1905.  chapter  545;  1907,  chapter  217,  §  4. 

As  to  the  construction  of  §  2632,  see  the  following: 

§1.  That  §2632,  Revisal  of  1905  of  North  Carolina, 
providing  a  penalty  for  delay  in  the  transportation  of 
freight,  shall  not  be  construed  to  refer  only  to  delay  in 
starting  the  freight  from  the  station  where  it  is  received, 
but  in  addition  thereto  shall  be  construed  to  require  the 
delivery  at  its  destination  within  the  time  specified:  Pro- 
vided, however,  that  if  said  delay  shall  be  due  to  causes 
which  could  not  in  the  exercise  af  ordinary  care  have  been 
foreseen,  and  which  were  unavoidable;  and  upon  establish- 
ment of  these  facts  to  the  satisfaction  of  the  justice  of  the 
peace  or  jury  trying  the  cause,  the  defendant  transporta- 
tion company  shall  be  relieved  and  discharged  from  any 
penalty  for  delay  in  the  transportation  of  freight,  but  it 
shall  not  be  relieved  from  the  costs  of  such  action. 

§  2.  That  in  all  actions  to  recover  penalties  against  a 
transportation  company  under  §  2632,  Revisal  of  1905  of 
North  Carolina,  the  burden  of  proof  shall  be  upon  th*? 
transportation  company  to  show  where  the  delay,  if  any, 
occurred. 

§  3.  That  this  Act  shall  not  apply  to  any  causes  of 
action  which  arose  prior  to  the  passage  of  this  Act. 

§  4.  That  all  laws  and  clauses  of  laws  in  confiict  with 
this  Act  are  hereby  repealed. 

§  5.  That  this  Act  shall  be  in  force  from  and  after 
its  ratification.     1907,  chapter  461. 

Paid  at  classified  rates — Penalty  for  overcharge.  §  2633. 
All  common  carriers  doing  business  in  this  State  shall 
settle  their  freight  charges  according  to  the  rate  stipulated 
in  the  bill  of  lading;  provided,  the  rate  therein  stipulated 
be  in  conformity  with  the  classifications  and  rates  made 
and  filed  with  the  Interstate  Commerce  Commission  in  case 
of  shipments  from  without  the  State  and  with  those  of  the 
corpo-ation  commission  of  this  State  in  case  of  shipments 
wholly  within  this  State,  by  which  classifications  and  rates 
all  consignees  shall  in  all  cases  be  entitled  to  settle  freight 
charges  with  such  carriers;  and  it  shall  be  the  duty  of 
such  common  carriers  to  inform  any  consignee  or  con- 
signees of  the  correct  amount  due  for  freight  according 
to  such  classification  and  rates,  and  upon  payment  or 
lender  of  the  amount  due  on  any  shipment  which  has 
arrived  at  its  destination  according  to  such  classification 
and  rates  such  common  carrier  shall  deliver  the  freight 
In  question  to  consignee  or  consignees,  and  any  failure  or 
refusal  to  comply  with  the  provisions  hereof  shall  subject 
such  carrier  so  failing  or  refusing  to  a  penalty  of  $50  for 
each  such,  failure  or  refusal,  to  be  recovered  by  any 
consignee  or  consignees  aggrieved  by  any  suit  In  any 
court  of  competent  jurisdiction.  1905,  chapter  330. 


Time  within  which  loss  or  damage  must  be  paid — Pejv 
alty — Amount  of  recovery — Actions  united — Remedy  cuwiu. 
lative.  §  2634.  Every  claim  for  loss  of  or  damage  to 
property  while  in  possession  of  common  carrier  shall  be 
adjusted  and  paid  within  60  days  in  case  of  shipments 
wholly  within  this  State,  and  within  90  days  in  case  of  ship- 
ments from  without  the  State,  after  the  filing  of  such 
claim  with  the  agent  of  such  carrier  at  the  point  of  destina- 
tion of  such  shipment  or  point  of  delivery  to  another  com- 
mon carrier;  provided,  that  no  such  claim  shall  be  filed 
until  after  the  arrival  of  the  shipment,  or  of  some  part 
thereof,  at  the  point  of  destination,  or  until  after  the  lapse 
of  a  reasonable  time  for  the  arrival  thereof.  In  every  case 
such  common  carrier  shall  be  liable  for  the  amount  of 
such  loss  or  damage,  together  with  interest  thereon  from 
the  date  of  the  filing  of  the  claim  therefor  until  the  pay- 
ment thereof.  Failure  to  adjust  and  pay  such  claim  yrithin 
the  periods  respectively  herein  prescribed  shall  subject 
each  common  carrier  so  failing  to  a  penalty  of  $50  for 
each  and  every  such  failure,  to  be  recovered  by  any  con- 
signee aggrieved  in  any  court  of  competent  jurisdiction; 
provided,  that  unless  such  consignee  recover  in  such  action 
the  full  amount  claimed,  no  penalty  shall  be  recovered, 
but  only  the  actual  amount  of  the  loss  or  damage,  -vith 
interest  as  aforesaid.  Causes  of  action  for  the  recovery 
of  the  possession  of  the  property  shipped  for  loss  or 
damage  thereto  and  for  the  penalties  herein  provided  foi 
may  be  united  In  ti\e  same  complaint.  1905,  chapter  330, 
§§  2,  4,  5. 

See  also  the  following: 

i  1.  That  §  2634  of  the  Revisal  shall  apply  to  e  -erj 
express  company,  firm  or  corporation  doing  express  1  ubI 
ness   in   the   State  of  North   Carolina. 

§  2.  This  Act  shall  be  in  force  from  and  after  its 
ratification.     1907,  chapter  983. 

Existing  remedies  continue.  §  2635.  The  preceding  sec 
tion  shall  not  deprive  any  consignee  of  any  rights  oi 
remedies  now  existing  against  common  carriers  in  re,  ari 
to  freight  charges  or  claims  for  loss  or  damage  to  fre  ght, 
but  shall  be  deemed  and  held  as  creating  an  additi  )nal 
liability  upon  said  common  carrier.     1905,  chapter  330,  §  5 

Carrier's  right  against  other  carrier.  §  2636.  Any  om 
mon  carrier,  upon  complying  with  the  provisions  of  the  tvw 
preceding  sections,  shall  have  all  the  rights  and  reme  lies 
herein  provided  for  against  a  common  carrier  from  w  licli 
it  receives  the  freight  in  question.     1905,  chapter  330,  §  3 

Sections  2637,  2638  and  2639  relate  to  the  sale  of  un 
claimed  freight. 

Through  freight  and  travel.  §  2640.  The  directors  rep 
resenting  the  stock  held  in  the  various  railroad  corj  era 
tions  are  hereby  authorized  and  empowered  to  enter  intc 
such  agreements  and  terms  with  each  other  as  to  s(  'ure 
through  freight  and  travel  without  the  expense  of  trai  sfei 
of  freight,  or  breaking  the  bulk  thereof,  at  different  ?■  intf 
along  the  lines,  and  for  this  purpose  may  use  the  real  oi 
roads  of  said  corporation^  or  companies,  and  rolling  stooli 
thereof,  on  such  terms  as  may  be  agreed  upon  oy  th  ;  di 
rectors  of  said  corporations  or  companies. 

Charges  on  partial  freight  deliveries.  §  2641.  Whei  eve 
any  freight  of  any  kind  shall  be  received  by  any  con  mor 
carrier  in  this  State  to  be  delivered  to  any  consign(  e  ir 
this  State^  and  a  portion  of  the  same  shall  not  have  beet 
received  at  the  place  of  destination.  It  shall  not  be  U  wfu 
for  the  carrier  to  demand  any  part  of  the  charges  foi 
freight  or  transportation  due  for  such  portion  of  the  ship 
ment  as  shall  not  have  reached  the  place  of  destimtion 
The  carrier  shall  be  required  to  deliver  to  the  consigner 
such  portion  of  the  consignment  as  shall  have  bee  i  re 
ceived  upon  the  payment  or  tender  of  the  freight  charges 
due  upon  such  portion.  But  nothing  in  this  section  shal 
be  construed  as  interfering  with,  or  depriving  a  consignor 
or  other  person  having  authority,  of  his  rights  of  stop 
page  in  transitu.     1893,  chapter  495. 

Not  to  receive  more  than  tariff  rate.  §  2642.  No  railroa> 
steamboat,  express  or  other  transportation  compan.-  tn 
gaged  in  the  carriage  of  freight,  and  no  telegraph  comi 
pany  or  telephone  company  shall  demand,  collect  o 
receive  for  any  service  rendered  or  to  be  renden^d  iv 
the  transportation  of  property  or  transmission  of  mes 
sages  more  than  the  rates  appearing  in  the  printec 
tariff  of  such  company  in  force  at  the  time  such  servlci 
is  rendered,  or  more  than  is  allowed  by  law.  1903 
chapter  590. 


Public  Service  Laws 


1013 


Overcharge  on  tariff  rates  refunded.  §  2643.  In  case  of 
any  overcharge,  contrary  to  the  preceding  section,  the 
person  aggrieved  may  file  with  any  agent  of  the  com- 
pany collecting  or  receiving  greater  compensation  than 
the  amount  allowed  in  the  preceding  section  a  written 
demand,  supported  by  a  paid  freight  bill  and  an  original 
bill  of  lading  or  duplicate  thereof  for  refund  of  over- 
charge, and  a  maximum  period  of  60  days  shall  be  allowed 
such  company  to  pay  claims  filed  under  this  section. 
1903,  chapter  590,  §  2. 

Penalty  for  failure  to  refund  overcharge.  §  2644.  Any 
company  failing  to  refund  such  overcharge,  within  the 
time  allowed,  shall  forfeit  to  the  party  aggrieved  the 
sum  of  $25  for  the  first  day  and  $5  per  day  for  each 
day's  delay  thereafter  until  said  overcharge  is  paid, 
together  with  all  costs  incurred  by  the  party  aggrieved; 
provided,  the  total  forfeiture  shall  not  exceed  $100.  1903, 
chapter  590,  §  2. 

Live  stock  killed,  negligence  presumed.  §  2645.  When 
any  cattle  or  other  live  stock  shall  be  killed  or  injured  by 
the  engines  or  cars  running  upon  any  railroad,  it  shall  be 
prima  facie  evidence  of  negligence  on  the  part  of  the  com- 
pany in  any  action  for  damages  against  such  company; 
provided,  no  person  shall  be  allowed  the  benefit  of  this 
section  unless  he  shall  bring  his  action  within  six  months 
after  his  cause  of  action  shall  have  accrued. 

Injuries  by  negligence  of  felloic  servants — Defective  ma- 
chinery. %  2646.  Any  servant  or  employe  of  any  railroad 
company  operating  in  this  State  who  shall  suffer  injury  to 
his  person,  or  the  personal  representative  of  any  such  serv- 
ant or  employe  who  shall  have  suffered  death  in  the  course 
of  his  services  or  employment  with  such  company  by  the 
negligence,  carelessness  or  incompetence  of  any  other  serv- 
ant, employe  or  agent  of  the  company,  or  by  any  defect  in 
the  machinery,  ways  or  appliances  of  the  company,  shall  be 
entitled  to  maintain  an  action  against  such  company.  Any 
contract  or  agreement,  expressed  or  implied,  made  by  any 
employe  of  such  company  to  waive  the  benefit  of  this 
section  shall  be  null  and  void. 

Record  made  of  purchases  of  raidroad  brasses.  §  2646a. 
Omitted. 

How  action  brought  for  penalties.  §  2647.  All  penalties 
imposed  by  this  chapter  may,  unless  otherwise  provided,  be 
sued  for  in  the  name  of  the  State. 

Officials  to  account  to  successors.     §  2648.     Omitted. 

Discrimination  in  charges.  §  3749.  If  any  common  car- ' 
Tier  shall,  directly  or  indirectly,  by  any  special  rate, 
rebate,  drawback  or  other  device,  charge,  demand,  col- 
lect or  receive  from  any  person  a  greater  or  less  com- 
pensation for  any  service  rendered  or  to  be  rendered  in 
the  transportation  of  passengers  or  property  subject  to  the 
provisions  of  law  than  it  charges,  demands  or  collects 
or  receives  from  any  other  person  or  persons  for  doing 
for  him  or  them  a  like  and  contemporaneous  service  in 
the  transportation  of  a  like  kind  of  traffic  under  sub- 
stantially similar  circumstances  and  conditions;  or  shall 
make  or  give  any  undue  or  unreasonable  preference  or 
advantage  to  any  particular  person,  company,  firm,  cor- 
poration or  locality-  or  any  particular  description  of 
traffic  in  any  respect  whatsoever,  or  shall  subject  any  par- 
ticular person,  company,  firm,  corporation  or  locality  or  any 
particular  description  of  traflic  to  any  undue  or  unreason- 
able prejudice  or  disadvantage  in  any  respect  whatsoever, 
such  person  or  corporation  shall  be,  upon  conviction 
thereof,  fined  not  less  than  $1,000  nor  more  than  $5,000  for 
each  and  every  offense.     1899,  chapter  64,  §  13. 

Discrimination  against  connecting  lines.  §  3751.  If 
any  common  carrier  shall  not  afford  all  reasonable, 
proper  and  equal  facilities  for  the  interchange  of  traffle 
between  their  respective  lines  and  for  the  forwarding 
and  delivering  of  passengers  and  freights  to  and  from 
their  several  lines  and  those  connecting  therewith,  or 
shall  discriminate  in  their  rates  and  charges  against  such 
connecting  lines,  or  if  any  connecting  line  shall  not  make 
as  close  connection  as  practicable  for  the  convenience 
of  the  traveling  public,  or  shall  not  obey  all  rules  and 
regulations  fnade  by  the  corporation  commission  relating 
to  trackage,  it  shall  be  punished  by  a  fine  of  not  less 
than  $500  nor  exceeding  $5,000  for  each  and  every  offense. 
1899,  chapter  164,  S  21.      . 

Pooling  freights.  §  3762.  If  any  person  shall  be  con- 
cerned  in   pooling   freights  or  shall   directly  or  indirectly 


allow  or  accept  rebates  on  freights,  he  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  not 
less  than  $1,000  or  imprisoned  not  less  than  12  months. 
Code,   §1968;    1879,  chapter  237,  §2. 

Unreasonable  rates.  §  3768.  If  any  railroad  doing  busi- 
ness in  this  State  shall  charge,  collect,  demand  or  re- 
ceive more  than  a  fair  and  reasonable  rate  of  toll  or 
compensation  for  the  transportation  of  passengers  or 
freight  of  any  description,  or  for  the  use  and  transpor- 
tation of  any  railroad  car  upon  its  track  or  any  of  the 
branches  thereof  or  upon  any  railroad  in  this  State  which, 
has  the  right,  license  or  permission  to  use,  operate  or 
control  the  same,  it  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  net 
less  than  $500  nor  more  than  $5,000.  1899,  chapter 
164,    §  12. 

Street  cars  to  have  vestibule  fronts.  §  3800.  If  any  city 
and  street  passenger  railway  company  shall  refuse  or 
fail  to  use  vestibule  fronts,  of  frontage  not  less  than 
four  feet,  on  all  passenger  cars  run,  manipulated  or 
transported  by  them  on  their  lines  during  the  latter  half 
of  the  month  of  November  and  during  the  months  of 
December,  January,  February  and  March  of  each  year, 
except  in  cases  of  temporary  emergency  in  suitable 
weather,  not  to  exceed  four  days  in  any  one  month  with- 
in the  period  herein  prescribed  for  use  of  vestibule  fronts, 
such  company  shall  be  guilty  of  a  misdemeanor  and  shall 
be  subject  to  a  fine  of  not  less  than  $10  or  more  than 
$100  for  each  day;  provided,  that  said  company  shall 
not  be  required  to  close  the  sides  of  said  vestibules.  The 
North  Carolina  Corporation  Commission  is  hereby  author- 
ized to  make  exemptions  from  the  provisions  of  this 
sections  in  such  cases  as  in  their  judgment  the  enforce- 
ment of  this  section  is  unnecessary.  1901,  chapter 
743,   §1.- 

Street  cars  to  have  fenders.  §  3801.  If  any  city  and 
street  passenger  railway  company  shall  refuse  or  fail  to 
use  practical  fenders  in  front  of  all  passenger  cars  run, 
manipulated  or  transported  by  them,  such  company  shall 
be  guilty  of  a  misdemeanor  and  shall  be  subject  to  a  fine 
of  not  less  than  $10  or  more  than  $100  for  each  day.  The 
North  Carolina  Corporation  Commission  is  hereby  author- 
ized to  make  exemptions  from  the  provisions  of  this  sec- 
tion in  such  cases  as  in  their  judgment  the  enforcement 
of  this  section  is  unnecessary.  1901,  chapter  743,  §  2. 
AN  ACT  TO  EXTEND  AND  ENLARGE  THE  POWERS  OF 
THE  NORTH  CAROLINA  CORPORATION  COMMIS- 
SION. 

§  1.  That  in  addition  to  the  powers  already  conferred 
upon  and  possessed  by  the  North  Carolina  Corporation 
Commission  it  shall  have  power: 

(a)  To  make  any  necessary  and  proper  rules,  orders 
and  regulations  for  the  safety,  comfort  and  convenience 
of  passengers,  shippers  or  patrons  of  any  public  safety 
service  corporation,  and  to  require  the  observance  of  the 
same  by  the  company  and  its  employes. 

(b)  To  require  any  railroad  company  to  install  and 
put  in  operation  and  maintain  upon  the  whole  or  any  part 
of  its  road  a  block  system  of  telegraphy  or  any  other  rea- 
sonable safety  device,  but  no  railroad  company  shall  be  re- 
quired to  install  a  block  system  upon  any  part  of  its  road 
upon  which  is  not  operated  as  many  as  or  more  than  eight 
trains  each  way  per  day. 

(c)  "To  require  the  raising  or  lowering  of  any  tracks  or 
highway  at  any  highway  or  railroad  crossing,  and  to  des- 
ignate who  shall  pay  for  the  same;  and  when  they  think 
proper  partition  the  cost  of  abolishing  grade  crossings  and 
the  raising  or  lowering  of  said  track  or  highway  among 
the  railroads  and  municipalities  interested."  [As  amended 
1911.] 

(d)  To  require,  when  public  safety  demands,  when  and 
in  case  two  or  more  railroads  now  cross  or  may  hereafter 
cross  each  other,  at  a  common  grade,  or  any  railroad 
crosses  any  stream  or  harbor  by  means  of  a  bridge,  to 
install  and  maintain  such  a  system  of  interlocking  or 
automatic  signals  as  will  render  it  safe  for  engines  and 
trains  to  pass  over  such  crossings  or  bridge  without  stop- 
ping, and  to  apportion  the  cost  of  installation  and  main- 
tenance between  said  railroads  as  may  be  just  and  proper; 
provided,  this  Act  shall  not  apply  to  and  shall  not  in  any 
manner  alTect  any  crossing  at  which  one  railroad  now 
crosses  another  railroad  under  the  terms  of  an  agreement 
entered  into  by  the  said  railroads  relfitive  to  the  con- 
struction   and    maintenance    of   interlocking    switches    or 


1014 


National  Association  of  Railway  Commissioners 


other  devices  for  the  safety  and  protection  of  said  cross- 
ing.    [As  amended  1911.] 

(e)  That  all  powers  and  duties  in  every  respect  con- 
ferred by  law  upon  the  corporation  commission  with  re- 
spect to  railroads  and  other  transportation  companies  are 
hereby  conferred  upon  said  corporation  commission  to  con- 
trol and  regulate  telegraph,  telephone  and  all  other  com- 
panies engaged  in  transmission  of  messages,  in  so  far  as 
they  apply. 

§  6.  All  persons  and  corporations  affected  by  this  Act 
shall  have  the  same  right  of  appeal  from  the  action  of  the 
corporation  commission  under  the  powers  contained  in  this 
Act  as  are  now  provided  by  law. 

.§  7.  That  subsection  9  of  §  2567  of  the  revlsal  of  1905 
be  and  is  hereby  repealed. 

§  8.  That  this  Act  shall  be  in  force  from  and  after  its 
ratification.     1907,  chapter  469. 

An  Act  to  enlarge  the  powers  of  the  North  Carolina  Cor- 
poration Commission. 

§  1.  The  North  Carolina  Corporation  Commission  is 
hereby  authorized  and  empowered  to  adopt  and  promulgate 
rules  for  the  shipment  of  inflammable  and  explosive  arti- 
cles; cotton  which  has  been  partially  consumed  by  fire, 
and  such  other  like  articles  as  in  its  opinion  may  be  apt 
to  render  transportation  dangerous.  And  after  the  pro- 
mulgation of  such  rules,  no  common  carrier  shall  be  re- 
quired to  receive  or  transport  any  such  articles  except 
when  tendered  in  accordance  with  the  said  rules;  nor  shall 
such  common  carrier  be  liable  for  any  penalty  for  refusal 
to  receive  such  article  for  shipment  until  all  the  rules  pre- 
scribed by  the  corporation  commission  in  regard  to  the 
shipment  of  the  same  shall  be  complied  with. 

§  2.  That  this  Act  shall  be  in  force  from  and  after 
its  ratification.     1907,  chapter  471. 

PASSENGER  RATES. 
An  Act  prescribing  the  maximum  charge  which  railroad 

companies  may  make  for  transporting  passengers  in 

North  Carolina,  and  for  other  purposes. 
.  §  1.  That  no  railroad  company  doing  business  as  a 
common  carrier  of  passengers  in  the  State  of  North  Caro- 
lina shall  charge,  demand  or  receive  for  transporting  any 
passenger  and  his  or  her  baggage,  not  exceeding  in  weight 
200  pounds,  from  any  station  on  its  railroad  in  North 
Carolina  to  any  other  station  on  its  road  in  North  Caro- 
lina, a  rate  in  excess  of  2^^  cents  per  mile;  and  for  trans- 
porting children  under  12  years  and  over  five  years,  one- 
half  of  the  rate  above  prescribed;  and  for  transporting 
children  under  five  years  of  age,  accompanied  by  any  per- 
son paying  fare,  no  charge  whatever  shall  be  made:  Pro- 
vided, that  where  the  amount  of  the  ticket  at  the  pre- 
Bcribed  rate  would  amount  to  any  figure  between  two 
multiples  of  five,  the  price  of  the  ticket  shall  be  the  multi- 
ple of  five  which  is  nearest  the  price  of  the  ticket  at  the 
rate  above  mentioned ;  or,  in  the  event  that  the  amount  is 
equidistant  between  the  multiples  of  five,  the  price  charged 
for  the  ticket  shall  be  on  the  basis  of  the  higher  of  those 
two  multiples  of  five;  provided  further,  that  no  charge 
less  than  10  cents  shall  be  required;  provided  further, 
that  independently  owned  and  operated  railroad  companies 
in  North  Carolina,  whose  mileage  of  road  in  said  State 
is  100  miles  or  less,  may  charge  a  rate  not  exceeding  3 
cents  per  mile;  provided  further,  that  Independently 
owned  and  operated  railroad  companies  in  North  Caro- 
lina, whose  mileage  of  road  in  said  State  is  10  miles  or 
less,  may  charge  the  same  rate  which  is  now  in  existence 
on  said  roads.  This  provision  shall  not  extend  to  branch 
lines  of  railroad  companies  controlling  over  100  miles  of 
road,  whether  chartered  in  or  out  of  the  State.  Also,  that 
newly  constructed  railroads,  or  the  portion  of  railroad 
which  may  be  newly  constructed,  be  exempt  from  the 
operation  of  this  Act  for  two  years  after  comple- 
tion, to  the  extent  that  they  may  charge  a  rate  in  no  case 
to  exceed  3  cents  per  mile,  and  a  charge  of  15  cents  may 
be  added  to  the  fare  of  any  passenger  when  the  same  Is 
paid  on  the  train,  if  the  ticket  might  have  been  procured 
within  a  reasonable  time  before  the  departure  of  the 
train. 

§  2.  In  the  case  that  any  railroad  company  operating 
as  a  common  carrier  of  passengers  in  the  State  of  North 
Carolina  is  owned,  controlled  or  operated  by  lease  or 
other  agreement  by  any  other  railroad  company  doing 
business  in  the  State,  the  rate  for  carrying  passengers 


thereon  as  prescribed  by  this  Act  shall  be  determined  for 
the  said  railroad  company  by  the  rate  prescribed  by  this 
Act  for  the  railroad  company  which  owns,  controls  or 
operates  the  same. 

§  3.  That  any  railroad  company  violating  any  of  the 
provisions  of  this  Act,  or  counselling,  ordering  or  directing 
any  employe,  agent  or  servant  to  violate  any  provisions  of 
this  Act,  by  charging,  demanding  or  receiving  any  rate 
greater  than  that  fixed  by  this  Act,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  fined  not  less 
than  $500  and  not  more  than  $5,000;  and  any  agent,  ser- 
vant or  employe  of  any  railroad  company  who  shall  vio- 
late this  Act  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  or  Imprisoned,  or  both,  in  the 
discretion  of  the  court. 

§  4.  That  any  person  or  persons,  except  those  per- 
mitted by  law,  who  accept  free  transportation  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined 
or  imprisoned,  or  both,  in  the  discretion  of  the  court;  and 
any  railroad,  or  its  employes  or  agents,  giving  free  trann- 
portation  of  any  kind  whatsoever,  except  that  permitted 
by  law,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  not  less  than  $500  or  more  than  $2,000  for 
each  offence. 

§  5.  That  an  Act  entitled  "An  Act  prescribing  the  ma:c- 
imum  charges  railroads  may  make  for  transporting  pas- 
sengers in  North  Carolina,"  ratified  on  the  second  day  of 
March,  1907,  be  and  the  same  is  hereby  repealed. 

§  6.  That  no  railroad  company,  or  agent,  servant  cr 
employe  of  any  railroad  company,  shall  be  held  liable  to 
any  person,  or  found  guilty  of  any  offense  in  any  action, 
civil  or  criminal,  whether  heretofore  or  hereafter  insti- 
tuted or  begun,  by  reason  of  anything  done  or  attemptel 
to  be  done  in  violation  of  said  Act  mentioned  in  the  pr<t- 
ceding  sections  hereof,  or  of  any  provision  thereof. 

§  7.  That  the  corporation  commission  of  North  Carv 
Una  shall  have  no  power  to  change,  alter,  modify  or  ia 
any  way  affect  the  enforcement  of  or  operation  of  any  (  f 
the  provisions  of  this  Act,  or  of  chapter  216  of  the  public 
laws  of  North  Carolina  of  1907,  except  as  the  same  sha  1 
be  therein  specifically  authorized,  or  of  the  enforcemei  t 
of  any  penalties  for  violating  the  provisions  thereof;  an  1 
all  laws  and  parts  of  laws  in  conflict  herewith  are  hereb  v 
repealed. 

§  8.  That  §  2618  of  the  Revisal  of  1905  is  hereby  r  - 
pealed,  and  all  laws  and  clauses  of  laws  in  conflict  wit  j 
this  Act  are  hereby  repealed.  ;  J 

*     §   9.     That  this  Act  shall  be  in  force  from   and  afti  ■ 
April  1,  1908. 

In  the  general  assembly  read  three  times,  and  ratifi«  1 
this  the  1st  day  of  February,  A.  D.  1908.     1908,  chapter  14 1 

FREIGHT  RATES. 

An  Act  to  prevent  unjust  discrimination  in  freight  ra#J 
and  to  fix  the  maximum  charges  therefor.  '  f 

§  1.     That  the  corporation  commission,  created  by  tj 
laws  of  North  Carolina,  shall  not,  in  fixing  the  maximilj 
rates   and  charges  or  tariff  of  rates  or  charges  for  at  I 
common   carrier   transporting   freight   in   North    CarolitjJ 
permit  or  allow  any  such  common  carrier  to  charge,  ot'\ 
lect  or  receive  a  greater  toll,  charge  or  rate  for  the  traaj 
portation  of  any  article  of  freight  or  commodity  embradJ 
in  the  present  classification  fixed  and   prescribed,   or  a  J 
proved  by  said  corporation  commission,  where  the  initlj 
point  of  shipment  is  on  the  road  or  line  of  one  comraiJ 
carrier  in  this  State  and  the  terminal  point  of  said  sh)( 
ment  is  on  the  line  or  road  of  another  common  carrier 
this  State,  than  is  the  sum  of  the  present  local  rates  nc| 
established,   prescribed   or   approved   by    said    ccrporathj 
commission,   less  a  reduction  of  25  cents   per  centum  ' 
the  said  local  rates  on  all  railroads  for  which  there  is  n<j 
made  or  prescribed  a  reduction  for  a  joint  haul;   and  i| 
those  railroads  for  which  there  is  not  now  prescribed 
reduction  on  joint  hauls  a  reduction  of  15  per  centum  of 
the  local  rates  now  established,  prescribed  by  said  cor- 
poration   commission    for    said    railroads;    provided,    ttat 
those  railroads  of  this  class  whosp  rates  are  lower  thin 
the    corporation    commission's    standard    of    freight    rates 
may  be  permitted  by  said  commission  to  adopt  the  stand- 
ard rates  prescribed  by  said  commission:     Provided,  that 
the  corporation  commission  is  hereby  empowered  to  re- 
duce  the   said   local   rates    whenever   in    its   opinion   and 
after  investigation  by  it  it  shall  determine  that  a  lower 
rate  Is  reasonable;    provided,  further,  that  present  local 


Public  Service  Laws 


1015 


rates  now  established,  prescribed  or  approved  by  said 
corporation  commission  shall  not  be  increased  by  classlfl- 
cation  or  otherwise:  (Amendment)  Provided  further, 
that  the  corporation  commission  shall  have  power,  when 
it  is  made  to  appear  that  it  is  just  to  do  so,  to  exempt 
from  the  operation  of  §  1  of  said  chapter  217  of  the  public 
laws  of  1907  that  part  of  the  charges  of  a  joint  haul  which 
is  over  the  line  or  lines  of  a  railroad  company,  which 
company  now  owns,  leases  or  operates  not  more  than  125 
miles  of  railroad  in  or  out  of  this  State.  1908,  chapter  126. 
§  2.  That  any  railroad  company  doing  business  in  the 
State  of  North  Carolina,  or  officer  or  agent  thereof,  who 
shall  give  to  any  person  or  shipper  any  advantage  over 
another  person  or  shipper  under  like  circumstances,  by 
way  of  any  rebate  or  reduced  rate  not  authorized  by  law, 
or  by  the  North  Carolina  Corporation  Commission,  or 
which  shall  make  charges  for  shipments  of  freight  in 
violation  of  the  provisions  of  this  Act,  or  shall  wilfully 
discriminate  in  the  matter  of  service  in  favor  of  one  per- 
son or  corporation  against  another  under  like  circum- 
stances, shall  be  guilty  of  a  misdemeanor,  and  such  cor- 
poration shall,  upon  conviction,  be  fined  not  less  than  $100, 
and  such  officer  or  agent  shall  be  fined  or  imprisoned,  or 
both,  in  the  discretion  of  the  court;  and  any  shipper  or 
consignee  of  any  freight  in  the  State  of  North  Carolina 
who  shall  knowingly  accept  any  rebate  or  other  consider- 
ation or  service  from  any  railroad  company  which  is  not 
allowed  or  given  other  shippers  or  consignees  under  like 
or  similar  circumstances,  and  which  is  not  allowed  by 
law,  shall  be  guilty  of  a  misdemeanor,  and  fined  or  im- 
prisoned, in  the  discretion  of  the  court. 

§  3.  That  whenever  any  person,  firm  or  corporation 
intending  to  ship  freight  makes  a  written  application  to 
any  railroad  company  for  a  car  or  cars  to  be  loaded 
in  carload  lots  with  any  kind  of  freight  embraced  in  the 
tariffs  of  said  company,  stating  in  said  application 
the  character  of  the  freight,  the  number  of  cars  wanted, 
the  station,  depot,  siding,  wharf  or  boat-landing  on  the 
road  or  line  of  said  railroad  company  whence  the  ship- 
ment is  to  be  moved,  and  its  final  destination,  the  rail- 
road company  shall  furnish  the  said  car  or  cars  within 
four  days  from  7  o'clock  a.  m.  the  day  following  such 
application,  which  said  application  shall  be  delivered 
to  the  agent  of  the  railroad  company  at  the  station 
at  or  nearest  the  point  of  shipment.  Any  railroad  com- 
pany failing  to  furnish  the  car  or  cars  named  in  said 
written  ai)plication  shall  be  subject  to  a  penalty  of  $5 
per  car  per  day  for  each  car  not  furnished,  to  be 
recovered  by  the  person,  firm  or  corporation  making  said 
application;  provided,  that  the  said  railroad  company 
before  furnishing  the  car  or  cars  upon  said  application 
of  the  shipper  may  require  the  person,  firm  or  cor- 
poration applying  for  the  same  to  deposit  $,t  for  each 
car  so  demanded  at  the  time  the  application  is  made, 
which  said  deposit  of  $5  for  each  car  may  be  retained 
by  the  said  railroad  company  as  a  forfeit  for  trackage, 
in  case  the  car  or  cars  are  not  loaded  within  48  hours 
after  notice  of  the  placing  of  said  car  or  cars  in  ac- 
cordance with  said  demand;  provided,  that  the  com- 
poration  commission  may  excuse  from  the  penalties 
Imposed  by  this  section  independent  lines  not  owned 
operated  or  controlled  by  any  other  line  or  system 
when   trackage   is   less   than   100   miles. 

§  4.  That  §  2632  of  the  Revisal  of  1905  of  North  Caro- 
lina be  and  the  same  is  hereby  amended  as  follows: 
By  striking  out  the  words  "25,"  in  line  11  of  said  Act, 
and  inserting  in  lieu  thereof  the  word  "15,"  and  by 
striking  out  the  word  "five."  the  last  word  in  said  line, 
and  inserting  in  lieu  thereof  the  word  "two,"  and  by  fur- 
ther striking  out  the  words  "12  50-100,"  in  lines  fourteen 
and  15  thereof,  and  inserting  in  lieu  thereof  the  word  "10", 
and  by  further  striking  out  the  words  "2  50-100,"  in  line 
15,  and  inserting  in  lieu  thereof  the  word  "one."  That 
this  §  4  shall  not  apply  to  existing  causes  of  action. 
(See   §  2632   Revisal.) 

§  5.  The  corporation  commission  is  hereby  directed 
to  prepare  and  publish  the  tariff  of  rates,  charges  and 
tolls  to  be  charged  and  collected  by  railroad  companies 
In  this  State,  as  authorized  by  this  Act,  on  or  before 
July    1,    1907. 

§  6.  This  Act  shall  be  in  force  from  and  after  July 
1,  1907.  1907,  chapter  217. 


UNION  STATIONS. 

An  Act  to  authorize  the  corporation  commission  to  require 
railroads  to  erect  and  maintain  union  depots  in 
towns  of  2,000  inhabitants. 
§  1.  Whenever  two  or  more  railroads  now  or  here- 
after may  maintain  freight  depots  and  a  union  passenger 
depot  within  one  mile  of  a  town  of  2,000  population  for 
the  convenience  of  the  inhabitants  thereof,  and  do  not 
enter  the  corporate  limits  of  said  town,  it  shall  be  the 
duty  of  the  corporation  commission,  upon  the  peti- 
tion of  a  majority  of  the  qualified  voters  of  the  said 
town,  which  petition  shall  be  properly  sworn  to  by 
the  signers  thereof,  to  require  and  compel,  where  prac- 
ticable, the  said  railroads  to  run  their  lines  into  or 
through  the  corporate  limits  of  the  said  town  and  con- 
struct, equip  and  maintain  suitable  passenger  and  freight 
depots  at  some  convenient  place  or  places  therein, 
and  the  passenger  depot  shall  be  a  union  station  and 
be  built  and  maintained  by  the  several  railroads  accord- 
ing to  a  plan  and  in  such  manner  as  shall  be  approved 
by   the   corporation   commission. 

§  2.  Whenever  a  petition  shall  be  filed  with  the  cor- 
poration commission  as  aforesaid,  the  said  corporation 
commission  shall  set  a  day  for  the  hearing  thereof, 
which  day  shall  be  not  more  than  20  days  from  the  filing 
of  said  petition,  and  shall  immediately  cause  a  notice 
to  issue  to  the  railroads  interested  in  the  matter  set  out 
in  the  petition,  and  after  the  hearing  of  the  matter 
on  the  day  named  in  said  notice,  the  said  commission, 
If  a  majority  of  its  members  shall  deem  it,  practicable, 
shall  thereupon  cause  an  order  to  be  made  requiring 
the  said  railroads  to  build,  equip  and  maintain  in  a 
suitable  manner  roadbeds,  yards  and  depots,  and  any 
other  necessary  buildings  or  equipment  at  convenient 
places  within  the  limits  of  said  town,  as  a  majority  of 
them  shall  deem  proper  for  the  needs  and  growth  of  the 
business  and   inhabitants   of  said  town. 

§  3.  The  said  order  of  the  corporation  commission 
to  the  said  railroads  shall  name  a  time  within  which 
all  the  necessary  work  of  entering  the  said  town  and 
construction  of  depots  and  others  buildings  shall  be  com- 
pleted and  opened  to  the  public  for  the  transaction  of 
business,  and  said  railroads,  for  every  day  beyond  the 
said  time  that  they  shall  not  be  In  operation  according 
to  the  said  order,  shall  pay  the  sum  of  $50  for  each 
and  every  day  for  such  failure  and  neglect,  to  the  board 
of  commissioners  or  aldermen  of  said  town,  which  shall 
be  for  the  benefit  of  the  said  town,  this  amount  to  be 
recovered   as   in   other   actions. 

i  4.  This  Act  shall  also  apply  to  any  railroad  that 
may  hereafter  enter  into  or  run  within  one  mile  of 
the  corporate  limits  of  said  town,  and  the  corporation 
commission  shall  have  the  power  to  require  such 
railroads  to  unite  with  the  other  railroads  in  maintaining 
the  depots,  tracks  and  other  structures,  and  also  pay 
such  part  of  the  cost  thereof  as  to  the  said  corporation 
commission    may   seem   proper. 

i  5.  The  said  railroads  shall  have  the  power  to 
condemn  such  quantity  of  lands,  including  gardens, 
yards,  residences  and  the  premises  pertaining  thereto, 
as  shall  be  necessary  for  the  purpose  of  this  Act,  the 
condemnation  proceedings  to  be  had  in  the  same  manner 
as  now  provided  by  the  Revisal  of  1905  and  amendment= 
thereto. 

§  6.  This  Act  shall  be  in  force  and  effect  from  and 
after   its   ratification.     1907,   chapter   465. 

DOUBLE   TRACKING. 

An  Act  to  permit  railroad  companies  to  acquire  lands  for 
double  tracking. 

I  1.  That  whenever  any  railroad  company  operating 
a  line  of  railroad  in  North  Carolina  shall  find  it  neces- 
sary to  occupy  any  land  for  the  purpose  of  getting  to 
a  union  depot  which  has  been  ordered  by  the  corpora- 
tion commission,  or  for  the  purpose  of  maintaining, 
operating,  improving  or  for  straightening  its  line  or 
of  altering  its  location,  or  of  constructing  double  tracks, 
or  of  enlarging  its  yard  or  terminal  facilities,  or  of 
connecting  two  of  its  lines  already  in  operation  not 
more  than  six  miles  apart,  such  company  shall  have 
the  power  to  condemn  all  lands  needed  for  such  pur- 
pose.    The  proceedings  shall  be   such  as  are  provided  in 


1016 


National  Association  of  Kailway  Commissionees 


m 


the  Revisal  of  1905,  chapter  61.  More  than  two  acres 
may  be  condemned  for  yard  or  terminal  facilities  if  re- 
quired for  due  operation  of  the  railroad.  That  no 
lands  in  any  incorporated  towns  shall  be  condemned 
under  this  Act  without  the  same  being  approved  by 
the  corporation  commission:  Provided,  however,  that 
the  power  to  condemn  land  as  herein  provided  shall  be 
enforcible  and  matters  arising  in  regard  thereto  shall 
be  tried  only  in  the  courts  created  by  or  under  the 
constitution   of  the   State  of   North   Carolina. 

§  2.  That  no  yard,  garden  or  dwelling  house  shall 
*  be  condemned  under  the  provisions  of  this  Act,  unless 
the  corporation  commission,  upon  petition  filed  by  the 
railroad  seeking  to  condemn,  shall,  after  due  Inquiry, 
find  that  the  railroad  company  cannot  make  the  desired 
Improvement  without  condemning  the  yard,  garden  or 
dwelling  house,   except  at  an  excessive  cost. 

§  3.  No  rights  granted  or  acquired  under  the  provi- 
sions of  this  Act  shall  in  any  way  destroy  or  abridge 
the  rights  of  the  State  to  regulate  or  control  such  rail- 
road company  or  to  exclude  foreign  corporations  from 
doing   business   In   this   State. 

§  4.  This  Act  shall  be  construed  as  an  entirety,  and 
If  any  part  t'hereof  be  declared  unconstitutional  the 
entire  Act  shall  be  void. 

§  5.  That  all  laws  and  clauses  of  laws  in  conflict 
with   this   Act   are   hereby  repealed. 

§  6.  That  this  Act  shall  be  in  force  from  and  after 
its    ratification.      1907,    chapter    458. 

BELT  LINES. 

An  Act  to  allow  railroads  to  construct  belt  lines  in  towns 
of  the  State. 

§  1.  That  any  railroad  company  doing  business  as  a 
common  carrier  in  North  Carolina  shall  have  power  to 
construct  belt  lines  in  or  around  any  town  in  the  State, 
and  for  this  purpose  they  shall  have  the  power  to  con- 
demn and  acquire  lands  in  the  manner  provided  by  law 
for  acquiring  lands   for  the   construction   of  railroads. 

§  2.  That  no  lands  shall  be  condemned  under  this 
Act  without  the  same  being  approved  by  the  corpora- 
tion commission:  Provided,  however,  that  the  power  to 
condemn  land  as  herein  provided  shall  be  enforcible, 
and  matters  arising  in  regard  thereto  shall  be  tried, 
only  in  the  courts  created  by  or  under  the  constitution 
of  the  State  of  North  Carolina. 

§  3.  No  rights  granted  or  required  under  the  pro- 
visions of  this  Act  shall  in  any  way  destroy  or  abridge 
the  rights  of  the  State  to  regulate  or  control  such  rail- 
road company  or  to  exclude  foreign  corporations  from 
doing  business  in  the  State.  ' 

§  4.  That  this  Act  shall  only  apply  to  Davidson 
County,  and  shall  not  be  construed  to  permit  any  foreign 
corporation  to  condemn  lands  in  any  other  county  in  this 
State. 

§  5.  This  Act  shall  be  in  force  and  effect  from  and 
after   its   ratification.     1907,  chapter  466. 

ASSESSMENT  OF  RAILROAD  LAND. 
As  Act  to  provide  for  the  assessment  of  real  estate  of  rail- 
road   companies    in    the   stock-law    territory    for    local^ 
benefit. 

§1.  Thait  the  North  Carolina  Corporation  Commission 
shall  assess  the  value  of  real  estate  belonging  to  any 
railroad  company  within  stock-law  territory  in  this  State 
at  the  same  time  that  they  assess  railroad  property  for 
general  purposes. 

§  2.  That  every  railroad  company  shall  report  to  the 
corporation  commission,  on  blanks  to  be  furnished  by 
them,  mileage  of  such  railroad  within  the  stock-law 
territory,  width  of  right  of  way,  weight  of  rails,  value 
of  rails  and  ties,  number,  description  and  value  of  all 
structures  within  the  stock-law  territory,  and  all  other 
information  necessary  to  enable  the  corporation  com- 
mission to  ascertain  the  value  of  said  real  estate.  That 
after  assessment  shall  be  made  it  shall  not  be  changed 
until  the  year  for  the  assessment  of  real  property  for 
general  tax  purposes,  except  that  the  corporation  com- 
mission shall  correct  any  assessment  of  real  property 
on  which  any  structure  over  $100  in  value  may  have 
been  erected,  or  on  which  any  structure  of  like  value 
may  have  been  destroyed,  as  the  value  of  said  real  estate 
may  be  affected  thereby. 


§  3.  This  Act  shall  be  in  force  from  and  after  its 
ratification. 

§  4.  All  laws  in  conflict  with  this  Act  are  hereby 
repealed.     1907,   chapter  459. 


FLUME  COMPANIES. 

An  Act  to  amend  sub-chapter  V  of  chapter  61  of  the  Revisal 
of  1905. 
§  4.  That  all  flume  companies  which  shall  avail  them- 
selves of  the  right  of  eminent  domain  under  the  provisions 
of  subchapter  5  of  chapter  61  of  the  Revisal  of  1905,  as 
amended  by  this  Act,  shall  become  public  carriers  of 
freight,  for  the  purposes  to  which  they  are  adapted,  and 
shall  be  under  the  control,  direction  and  supervision  of  the 
corporation  commission  of  North  Carolina,  in  the  same 
manner  and  for  the  same  purposes  as  is  by  law  provided 
for  other  public  carriers  of  freight.  *  •  •  1907,  chapter 
39,  §  4. 

RAILROAD  POLICE. 

May  apply  to  governor  to  appoint  police.  §2605.  Any 
corporation  operating  a  railroad  on  which  steam  is  used 
as  the  motive  power  may  apply  to  the  governor  to  com- 
mission such  persons  as  the  said  corporation  may  desig- 
nate to  act  as  policemen  for  said  corporation.  Code  §  198S  ; 
1871-2,  chapter  138,  §  51. 

Governor  may  appoint  and  issue  commission.  §  260 ;. 
The  governor  upon  such  application  may  appoint  such  pe  •- 
sons  or  so  many  of  them  as  he  may  deem  proper  to  be 
such  policemen,  and  shall  issue  to  such  person  or  persons 
so  appointed  a  commission  to  act  as  snch  policemei . 
Code,  §  1989;  1871-2,  chapter  138,  §  52. 

Oaths  and  powers  of  special  policemen.  §2607.  Eiveiy 
policeman  so  appointed  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  the  usual  oath; 
such  oath,  with  a  copy  of  the  commission,  shall  be  file  I 
with  the  corporation  commission,  and  a  certificate  there 
by  its  clerk  shall  be  filed  with  the  clerk  of  each  coun^ 
through  or  into  which  the  railroad  for  which  such  polio 
man  is  appointed  may  run  and  in  which  it  is  intended  1 
shall  act;  and  such  policeman  shall  severally  possa 
within  the  limits  of  the  county  all  the  powers  of  polio 
men  in  the  several  towns,  cities  and  villages  in  whl^ 
they  shall  be  so  authorized  to  act  as  aforesaid;  provide 
that  every  policeman  appointed  under  this  and  the  t^J 
preceding  sections  shall,  before  entering  upon  the  dutU:«! 
of  his  office,  enter  into  bond  in  the  sum  of  $500,  payaUaj 
to  the  State  of  North  Carolina,  conditioned  for  the  faltJij 
ful  performance  of  the  duties  of  his  said  office,  with  goo  j 
and  sufficient  surety,  to  be  passed  upon  and  accepted  bJ 
and  filed  with  the  corporation  commission.  Code,  §  199^  | 
1871-2,  chapter  138,  §  53;  1907,  chapter  462. 

GARNISHMENT  ACT,  1909. 

The  general  assembly  of  North  Carolina  do  enact:  j  | 

Sending  claims  out  of  State  or  assignment  or  transp] 
with  intent  to  deprive  debtor  of  personal  earnings  or  prqi 
erty  exempt,  forbidden.  §1.  That  no  resident  creditor  J  J 
oiher  holder  of  any  book  account,  negotiable  instill 
ment,  duebill  or  other  monetary  demand  arising  out  iJ 
contract,  due  by  or  chargeable  against  any  resident  wag  J 
earner  or  other  salaried  employe  of  any  railroad  coJ 
poration  or  other  corporation,  firm  or  individual,  engagfj 
in  interstate  business  shall  send  out  of  the  State,  assi|j 
or  transfer  the  same,  for  value  or  otherwise,  with  Intel) 
to  thereby  deprive  such  debtor  of  his  personal  earnin(j 
and  property  exempt  by  law  from  application  to  the  P8i 
ment  of  his  debts  under  the  laws  of  the  State  of  Noiij 
Carolina,  by  Instituting  or  causing  to  be  instituted  there<  J 
against  such  debtor,  in  any  court  outside  of  this  State.' 
in  such  creditor's  own  name  or  in  the  name  of  any  othcjf 
person,  any  action,  suit  or  proceeding  for  the  attachment  or 
garnishment  of  such  debtor's  earnings  in  the  hands  if 
his  employer,  when  such  creditor  and  debtor  and  the  rail- 
way corporation  or  other  corporation,  firm  or  individual 
owning  the  wages  or  salary  intended  to  be  reached  are 
under  the  jurisdiction  of  the  courts  of  this  State. 

Counseling,  aiding  or  abetting  violation  of  %  1  forbidden. 
§  2.  That  no  person  residing  or  sojourning  in  this  State 
shall  counsel,  aid  or  abet  any  violation  of  the  provisions 
of  §  1  of  this  Act. 

Violators  liable  in  damages.  §  3.  That  any  person  or 
persons  violating  any  provision  of  §§  1  and  2  of  this  Act 


Public  Service  Laws 


1017 


shall  be  answerable  in  damages  to  any  debtor  from  whom 
any  book  account,  negotiable  instrument,  duebill  or  other 
monetary  demand  arising  out  of  contract  shall  be  col- 
lected, or  against  whose  earnings  any  warrant  of  attach- 
ment or  notice  of  garnishment  shall  be  issued.  In  violation 
of  the  provisions  of  §  1  of  this  Act,  to  the  full  amount  of 
the  debt  thus  collected,  attached  or  garnisheed,  to  be  re- 
covered by  civil  action  in  any  court  of  competent  jurisdic- 
tion in  this  State;  and  any  person  so  offending  shall  like- 
wise be  guilty  of  a  misdemeanor,  punishable  by  a  fine  of 
not  more  than  $200. 

Prima  facie  evidence  of  intent.  §  4.  That  in  any  civil 
or  criminal  action  instituted  in  any  court  of  competent 
jurisdiction  in  this  State  for  any  violation  of  the  provisions 
of  §§  1  and  2  of  this  Act,  proof  of  the  institution  or  prose- 
cution of  any  action,  suit  or  proceeding  in  violation  of 
the  provisions  of  §  1  hereof,  or  the  issuance  of  service 
therein  of  any  warrant  of  attachment,  notice  or  garnish- 
ment or  other  like  writ  for  the  garnishment  of  the  earnings 
of  the  defendant  therein,  or  of  the  payment  by  the  garni- 
shee therein  of  any  final  judgment  rendered  in  any  such 
action,  suit  or  proceeding  shall  be  deemed  prima  facie 
evidence  of  the  intent  of  the  creditor  or  other  holder  of 
the  debt  sued  upon  to  deprive  such  debtor  of  his  personal 
earnings  and  property  exempt  from  application  to  the  pay- 
ment of  his  debts  under  the  laws  of  this  State,  is  violation 
of  the  provisions  of  this  Act. 

Construction  of  Act.  §  5.  That  no  provision  of  this 
Act  shall  be  so  construed  as  to  deprive  any  person  entitled 
to  its  benefits  of  any  legal  or  equitable  remedy  already 
possessed  under  the  laws  of  this  State. 

§  6.  That  this  Act  shall  be  in  force  from  and  after  its 
ratification. 

Ratified  this  the  fifth  day  of  March,  A.  D.  1909. 


CHAPTER  50,  ACTS  OF  1911. 

Chapter  50  of  Acts  of  1911  makes  the  corporation  com- 
mission a  board  of  State  tax  commissioners  and  in  great 
detail  specifies  its  duties  as  such.  The  title  and  §  §  1  to  42, 
both  inclusive,  are  omitted  as  stating  a  general  system  of 
tax  supervision.     The  remaining  sections  are  as  follows: 

Reports  from  corporations.  §  43.  Hereafter,  except  in 
the  case  of  such  corporations  as  are  especially  mentioned 
by  name  in  other  sections  of  this  or  the  Revenue  Act  and 
required  to  make  statements  in  other  forms,  it  shall  be 
the  duty  of  the  president,  chairman  or  treasurer  of  every 
corporation  having  capital  stock,  every  joint  stock  asso- 
ciation or  limited  partnership  whatsoever,  now  or  here- 
after organized  or  incorporated  by  or  under  any  law  of 
this  State,  to  make  a  report,  in  writing,  to  the  corpora- 
tion commission  on  or  before  the  first  day  of  July  of  each 
year,  stating  specifically: 

Authorized  capital.     1.     Total  authorized  capital  stock. 
2.     Total  authorized  number  of  shares. 
'       3.     Number  of  shares  of  stock  issued. 

4.  Par  value  of  each  share. 

5.  Amount  paid  into  the  treasury  on  each  share. 

6.  Amount  of  capital  stock  paid  in. 

7.  Amount  of  capital  on  which  dividend  was  declared. 

8.  Date  of  each  dividend  during  said  year  ending  with 
the  first  day  of  May. 

9.  Amount  of  each  dividend  during  the  year  ending 
with  the  first  Monday  in  said  month. 

10.  Highest  price  of  sales  of  stock  between  the  first 
and  fifteenth  days  of  April,  highest  price  of  sales  of  stock 
during  the  year  aforesaid;  average  price  of  sales  of  stock 
during  the  year. 

Sworn  appraisal — Certificate  to  corporation  commission. 
And  in  said  report  one  of  the  following  named  officers  of 
such  corporation,  limited  partnership  or  joint  stock  asso- 
ciation, namely,  the  president,  chairman,  secretary  or  treas- 
urer, after  being  duly  sworn  or  affirmed  to  do  and  perform 
the  same  with  fidelity  and  according  to  the  best  of  his 
knowledge  and  belief,  shall  estimate  and  appraise  the  cap- 
ital stock  of  said  company  at  its  actual  value  in  cash  on 
the  first  day  of  May,  after  deducting  therefrom  the  as- 
sessed  value  of  all  real  and  personal  estate  upon  which 


the  corporation  pays  tax,  and  the  value  of  the  shares  of 
stock  legally  held  and  owned  by  such  corporation  in  other 
corporations  incorporated  in  this  State  and  paying  taxes  on 
its  capital  stock  in  this  State,  as  indicated  or  measured 
by  the  amount  of  profit  made,  either  declared  in  dividends 
or  carried  into  surplus  or  sinking  fund;  and  when  the 
same  shall  have  been  so  truly  estimated  and  appraised 
they  shall  forthwith  forward  to  the  corporation  commis- 
sion a  certificate  thereof,  accompanied  by  a  copy  of  their 
said  oath  or  affirmation,  signed  by  them  and  attested  by 
a  magistrate  or  other  person  duly  qualified  to  administer 
the  same;  provided,  that  if  the  corporation  commission 
or  either  of  them  is  not  satisfied  with  the  appraisement 
and  valuation  so  made  and  returned,  they  are  hereby  au- 
thorized and  empowered  to  make  a  valuation  thereof, 
based  upon  the  facts  contained  in  the  report  herein  re- 
quired or  upon  any  information  within  their  possession, 
and  to  settle  an  account  on  the  valuation  so  made  by  them 
for  taxes,  penalties  and  interest  due  the  State  thereon, 
of  which  such  settlement  immediate  notice  shall  be  given 
to  such  corporation  by  said  corporation  commission,  with 
the  right  to  the  company  dissatisfied  with  any  settlement 
so  made  against  it  to  appeal  to  the  Superior  Court  in 
term  time  of  the  county  in  which  such  company  has  its 
principal  place  of  business  in  this  State,  and  thence  to 
the  Supreme  Court  of  this  State;  but  before  such  com- 
pany shall  be  allowed  to  exercise  the  right  of  appeal  it 
shall,  within  20  days  after  notice  of  such  settlement,  file 
with  the  corporation  commission  exceptions  to  the  par- 
ticulars to  which  it  objects,  and  the  grounds  thereof,  and 
said  corporation  commission  shall  hear  said  exceptions, 
after  10  days'  notice  of  such  hearing  given  by  said  cor- 
poration commission  to  said  company;  and  if  they  shall 
overrule  any  one  of  said  exceptions,  then  such  company, 
if  it  desires  to  appeal  to  said  Superior  Court,  shall  within 
10  days  thereafter  give  notice  to  said  corporation  commis- 
sion of  such  appeal  to  said  Superior  Court,  and  the  cor- 
poration commission  shall  thereupon  transmit  to  said 
Superior  Court  a  record  of  said  settlement,  with  the  ex- 
ceptions of  the  company  thereto,  and  all  decisions  thereon 
and  all  papers  and  evidence  considered  in  making  said 
decision. 

Cause  to  be  docketed  and  to  have  preference — Appeal  to 
Supreme  Court — Advancement  of  cause.  The  said  cause 
shall  be  placed  on  the  civil  docket  of  said  Superior  Court 
and  shall  have  precedence  of  all  other  civil  actions  and 
shall  be  tried  under  the  same  rules  and  regulations  as 
are  prescribed  for  the  trial  of  other  civil  causes.  The 
cause  shall  be  entitled  State  of  North  Carolina  on  the  re- 
lation of  corporation  commission  against  such  company. 
Either  party  may  appeal  to  the  Supreme  Court  from  the 
judgment  of  the  Superior  Court  under  the  same  rules  and 
regulations  as  are  prescribed  by  law  for  other  appeals, 
except  that  the  State  of  North  Carolina,  if  it  shall  appeal, 
shall  not  be  required  to  give  an  undertaking  or  make  any 
deposit  to  secure  the  costs  of  such  appeal;  and  the  Su- 
preme Court  may  advance  the  cause  on  their  docket  so  as 
to  give  the  same  a  speedy  hearing;  and  in  the  event  of 
the  neglect  or  refusal  of  the  officers  of  any  corporation, 
company,  joint  stock  association  or  limited  partnership  for 
a  period  of  sixty  days  to  make  the  report  and  appraise- 
ment to  the  corporation  commission  as  herein  provided, 
it  shall  be  the  duty  of  the  corporation  commission  to  esti- 
mate a  valuation  of  the  capital  stock  of  such  defaulting 
corporation,  company,  joint  stock  association  or  limited 
partnership,  and  settle  an  account  for  taxes,  penalty  and 
interest  thereon,  from  which  settlement  an  appeal  may  be 
made  to  the  Superior  Court  of  the  county  in  which  the 
corporation  has  its  principal  place  of  business. 

Corporations  liable  to  tax  on  stock  not  required  to  list 
credits.  Corporations,  linfited  partnerships  or  joint  stock 
associations  liable  to  tax  on  capital  stock  shall  not  be  re- 
quired to  make  any  report  or  pay  any  further  State  tax 
on  the  mortgages,  bonds,  other  securities  and  credits  owned 
by  them  In  their  own  right.  The  corporation  commission 
is  forbidden  to  divulge  or  make  public  any  report  of  a  cor- 
poration required  to  be  made  to  it  by  this  section.  The 
corporation  commission  shall  prepare  and  keep  a  record 
book,  upon  which  it  shall  enter  a  correct  list  of  all  the 
corporations  and  banks  which  it  has  assessed  for  taxation, 
and  said  record  shall  show  the  assessed  valuation  placed 
upon  same  by  it. 


1018 


National  Association  of  Railway  Commissioners 


No  exceptions  as  to  foreign  corporations.  §  45.  Nothing 
In  this  Act  shall  be  construed  to  exempt  from  taxation  at 
its  real  value  any  property  situate  In  this  State  belonging 
to  any  foreign  corporation. 

Penalty  for  failure  to  furnish  reports.  S  46-  II  the  said 
officers  of  any  such  limited  partnership,  joint  stock  asso- 
ciation or  corporation  shall  neglect  or  refuse  to  furnish 
the  corporation  commission  on  or  before  the  first  day  of 
July  of  each  and  every  year,  with  the  report  and  appraise- 
ment of  capital  stock  as  aforesaid,  as  required  by  §  43 
of  this  Act,  they  shall  be  subject  to  a  fine  of  $50,  and  It 
shall  be  the  duty  of  the  corporation  commission  to  add 
6  per  centum  to  the  tax  of  said  limited  partnership,  joint 
stock  association  or  corporation  for  each  and  every  year 
for  which  said  report  and  appraisement  were  not  fur- 
nished, which  percentage  shall  be  settled  and  collected 
with  the  said  tax  in  the  usual  manner  of  settling  and  col- 
lecting such  taxes.  If  the  officers  of  any  such  limited  part- 
nership, joint  stock  association  or  corporation,  or  any  of 
them,  shall  intentionally  fail  to  comply  with  §  43  of  this 
Act  for  three  successive  years,  he  or  they  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  sentenced  to  pay  a  fine  of  $500  and  undergo  imprison- 
ment not  exceeding  one  year,  or  both,  or  either,  at  the 
discretion  of  the  court. 

Foreign  huilding  and  loan  associations.     §  47.    Omitted. 

Telegraph  companies.  I  48.  Every  joint  stock  associa- 
tion, company,  copartnership  or  corporation,  whether  incor- 
porated under  the  laws  of  this  State  or  any  other  State  or 
of  r.ny  foreign  nation,  engaged  in  transmitting  to,  from, 
through,  in  or  across  the  State  of  North  Carolina  telegraph 
messages  shall  be  deemed  and  held  to  be  a  telegraph  com- 
pany; and  every  such  telegraph  company  shall,  annually, 
between  the  first  day  of  June  and  the  20th  day  of  June, 
make  out  and  deliver  to  the  board  of  corporation  commis- 
sioners of  this  State  a  statement,  verified  by  oath  of  the 
officer  or  agent  of  such  company  making  such  statement, 
with  reference  to  the  thirtieth  day  of  April  next  preced- 
ing, showing: 

1.  The  total  capital  stock  of  such  association,  company, 
copartnership  or  corporation. 

2.  The  number  of  shares  of  capital  stock  issued  and 
outstanding,  and  the  par  value  of  each  share. 

3.  Its  principal  place  of  business. 

4.  The  market  value  of  said  shares  of  stock  on  the 
30th  day  of  April  next  preceding;  and  if  such  shares  have 
no  market  value,  then  the  actual  value  thereof. 

5.  The  real  estate,  structures,  machinery,  fixtures  and 
appliances  owned  by  said  association,  company,  copartner- 
ship or  corporation  and  subject  to  local  taxation  within 
the  State,  and  the  location  and  assessed  value  thereof  in 
each  county  where  the  same  is  assessed  for  local  taxa- 
tion. 

6.  The  specific  real  estate,  together  with  the  permanent 
improvements  thereon,  owned  by  such  association,  com- 
pany, copartnership  or  corporation  situated  outside  the 
State  of  North  Carolina  and  not  directly  used  in  the  con- 
duct of  the  business,  with  a  specific  description  of  each 
such  piece,  where  located,  the  purpose  for  which  the  same 
is  used  and  the  sum  at  which  the  same  is  assessed  for 
taxation  in  the  locality  where  situated. 

7.  All  mortgages  upon  the  whole  or  any  part  of  its 
property,  together  with  the  dates  and  amounts  thereof. 

8.  (a)  The  total  length  of  the  lines  of  said  association 
or  company;  (b)  the  total  length  of  such  of  their  lines  as 
is  outside  the  State  of  North  Carolina;  (c)  the  length  of 
the  lines  within  each  of  the  counties  and  townships  within 
the  State  of  North  Carolina. 

Telephone  companies.  §  49.  *  Every  telephone  companj 
doing  business  in  this  State,  whether  incorporated  under 
the  laws  of  this  State  or  any  other  State  or  of  any  foreign 
nation,  shall,  annually,  between  the  first  day  of  June  and 
the  twentieth  day  of  June,  make  out  and  deliver  to  the 
corporation  commission  of  this  State  a  statement,  verified 
by  the  oath  of  the  officer  or  agent  of  such  company  making 
such  statement,  with  reference  to  the  thirtieth  day  of  April 
next  preceding,  showing: 

1.  The  total  capital  stock  of  such  association,  com- 
pany, copartnership  or  corporation  Invested  in  the  opera- 
tion of  such  telephone  business. 


2.  The  number  of  shares  of  capital  stock  issued  and  out- 
standing, and  the  par  or  face  value  of  each  share. 

3.  Its  principal  place  of  business. 

4.  The  market  value  of  said  shares  of  stock  on  the  thir- 
tieth day  of  April  next  preceding;  and  if  such  shares  hava 
no  market  value,  then  the  actual  value  thereof. 

5.  The  real  estate,  structures,  machinery,  fixtures  and 
appliances  owned  by  said  association,  company,  copartner- 
ship or  corporation  and  subject  to  local  taxation  within  the 
State  and  the  location  and  assessed  value  thereof  in  each 
county  where  the  same  is  assessed  for  local  taxation. 

6.  The  specific  real  estate,  together  with  the  permanent 
improvements  thereon  owned  by  such  association,  company, 
copartnership  or  corporation  situated  outside  the  State  of 
North  Carolina  and  not  used  directly  in  the  conduct  of  the 
business,  with  a  specific  description  of  each  such  piece, 
where  located,  the  purpose  for  which  the  same  is  used  and 
the  sum  at  which  the  same  is  assessed  for  taxation  in  the 
locality  where  situated. 

7.  All  mortgages  upon  the  whole  or  any  of  its  prop- 
erty, together  with  the  dates  and  amounts  thereof. 

8.  (a)  The  total  length  of  the  lines  of  said  associa- 
tion or  company;  (b)  the  total  length  of  so  much  of  their 
lines  as  is  outside  the  State  of .  North  Caroling;  (c)  lhe 
length  of  the  lines  within  each  of  the  counties  and  to^vn- 
ships  within  the  State  of  North  Carolina. 

Express  companies.  §50.  Every  joint  stock  association, 
company,  copartnership  or  corporation,  incorporated  or  act- 
ing under  the  laws  of  this  State  or  any  other  State  or  i  ny 
foreign  nation,  engaged  in  carrying  to,  from,  through,  in  or 
across  this  State,  or  any  part  thereof,  money,  packaj  es, 
gold,  silver  plate,  merchandise,  freight  or  other  artic  ea, 
under  any  contract,  expressed  or  implied,  with  any  railr  jad 
company  or  the  managers,  lessees,  agents  or  receivers 
thereof  (provided  such  joint-stock  association,  compaay, 
copartnership  or  corporation  is  not  a  railroad  conipary), 
shall  be  deemed  and  held  to  be  an  express  company  wit  lin 
the  meaning  of  this  Act;  and  every  such  express  comp;  ny 
shall,  annually,  between  the  first  day  of  June  and  the  tv  en- 
tieth  day  of  June,  make  out  and  deliver  to  the  corporal  on 
commission  of  this  State  a  statement,  verified  by  the  o  ith 
of  the  officer  or  agent  of  such  association,  company,  cop  rt- 
nership  or  corporation  making  such  statement,  with  re  ep- 
ence  to  the  thirtieth  day  of  April  next  preceding,  showi  ig; 

1.  The  total  capital  stock  or  capital  of  said  asso  ia- 
tion,  copartnership  or  corporation. 

2.  The  number  of  shares  of  capital  stock  issi'^d  nd 
outstanding  and  the  par  or  face  value  of  each  share;  ind 
in  case  no  shares  of  capital  stock  are  issued,  in  what  n  an- 
ner  the  capital  stock  thereof  is  divided  and  in  what  n  a^ 
ner  such  holdings  are  evidenced.  ,  ^| 

3.  Its  principal  place  of  business.  }  {^ 

4.  The  market  value  of  said  shares  of  stock  on  tha 
thirtieth  day  of  April  next  preceding;  and  if  such  sh  res 
have  no  market  value,  then  the  actual  value  thereof;  an  I  in 
case  no  shares  of  stock  have  been  issued,  state  the  r  lar- 
ket  value,  or  the  actual  value  in  case  there  is  no  ma  ket 
value,  of  the  capital  thereof,  and  the  manner  in  which  th« 
same  is  divided. 

5.  The  real  estate,  structures,  machinery,  fixtures  and 
appliances  owned  by  the  said  association,  company,  co)  art- 
nership  or' corporation  and  subject  to  local  taxation  wi  hin 
the  State  of  North  Carolina,  and  the  location  and  asse-sed 
value  thereof  in  each  county  where  the  same  is  assessed 
for  local  taxation. 

6.  The  specific  real  estate,  together  with  the  impiov«-> 
ments  thereon,  owned  by  the  association,  company,  cojiart- 
nership  or  corporation  situated  outside  the  State  of  North 
Carolina  and  not  used  directly  in  the  conduct  of  the  ')u8l- 
ness,  with  a  specific  description  of  each  such  piece,  wliere 
located,  the  purpose  for  which  the  same  is  used,  and  th« 
sum  at  which  the  same  is  assessed  for  taxation  in  the  local-, 
ity  where  situated. 

7.  All  mortgages  upon  the  whole  or  any  part  of  Itii 
property,  together  with  the  dates  and  amounts  thereof 

8.  (a)  Total  length  of  the  line  or  routes  over  which; 
such  association,  company,  copartnership  or  corporation 
transports  such  merchandise,  freight  or  express  matter;  '< 
(b)  the  total  length  of  such  lines  or  routes  as  are  outsid*. 


Public  Sebviob  Laws 


1019 


the  State  of  North  Carolina;  (c)  the  length  of  such  lines 
or  routes  within  each  of  the  counties  or  townships  within 
the  State  o£  North  Carolina. 

Sleeping  car  companies.  §  51.  Every  joint  stock  asso- 
ciation, company,  copartnership  or  corporation  incorporated 
or  acting  under  the  laws  of  this  or  any  other  State  or  of 
any  foreign  nation  and  conveying  to,  from,  through,  in  or 
across  this  State,  or  any  part  thereof,  passengers  or  trav- 
elers in  palace  cars,  drawing-room  cars,  sleeping  cars,  din- 
ing cars  or  chair  cars,  under  any  contract,  expressed  or  im- 
plied, with  any  railroad  company  or  the  managers,  lessees, 
agents  or  receivers  thereof,  shall  be  deemed  and  held  to  be 
a  sleeping-car  company  for  the  purpose  of  this  Act,  and 
shall  hereinafter  be  called  "sleeping-car  company;"  and 
every  such  sleeping-car  company  doing  business  in  this 
State  shall,  annually,  between  the  first  day  of  June  and  the 
twentieth  day  of  June,  make  out  and  deliver  to  tne  board  of 
corporation  commissioners  of  this  State  a  statement,  veri- 
fied by  the  oath  of  the  officer  or  agent  of  such  company 
making  such  statement,  with  reference  to  the  thirtieth  day 
of  April  next  preceding,  showing: 

1.  The  total  capital  stock  of  such  sleeping-car  com- 
pany invested  in  its  sleeping-car  business. 

2.  The  number  of  shares  of  such  capital  stock  de- 
voted to  the  sleeping-car  business  issued  and  outstanding, 
and  the  par  value  or  face  value  of  each  share. 

3.  Under  the   laws  of  what  State  it  is  incorporated. 

4.  Its  principal  place  of  business. 

5.  The  names  and  post-office  addresses  of  its  presi- 
dent  and    secretary. 

6.  The  actual  cash  value  of  the  shares  of  such  capi- 
tal stock  devoted  to  its  sleeping-car  business  on  the 
thirtieth   day   of  April   next  preceding   such   report. 

7.  The  real  estate,  structures,  machinery,  fixtures 
and  appliances  owned  by  said  sleeping-ear  company 
and  subject  to  local  taxation  within  this  State,  and  the 
location  and  assessed  value  thereof  in  each  county 
within  this  State  where  the  same  is  assessed  for  local 
taxation. 

8.  All  mortgages  upon  the  whole  or  any  part  of  its 
property,  and  the  amounts  thereof  devoted  to  its  slee]?- 
ing-car  business. 

9.  (a)  The  total  length  of  the  main  lines  of  railroad 
over  which  cars  are  run;  (b)  the  total  length  of  so  much 
of  the  main  lines  of  railroad  over  which  the  said  cars 
are  run  outside  of  the  State  of  North  Carolina;  (c) 
the  length  of  the  lines  of  railroad  over  which  said  cars 
are  run  within  the  State  of  North  Carolina;  provided, 
that  where  the  railroads  over  which  said  cars  run  have 
double  tracks  or  a  greater  number  of  tracks  than  a 
single  track  the  statement  shall  only  give  the  mileage 
as  though  such  tracks  were  but  single  tracks;  and  in 
case  it  shall  be  required,  such  statement  shall  show  in 
detail  the  number  of  miles  of  each  or  any  particular 
railroad  or  system  within  this  State.  When  the  assess- 
ment shall  have  been  made  by  the  corjwration  commia- 
Bion  in  accordance  with  §  48  of  this  Act,  the  clerk  of  the 
commission  shall  thereupon  notify  by  registered  letter 
the  officer  attesting  such  report  of  the  amount  assessed 
against  it,  and  such  sleeping-car  coinpany  shall  have 
30  days  within  which  to  appear  and  make  objection,  if 
any  it  shall  have,  to  said  assesf^ment.  If  no  objections 
be  made  within  said  30  days,  the  amount  shall  be  cred- 
ited to  the  State  treasurer,  who  shall  thereupon  send 
by  registered  letter  to  the  officer  attesting  such  report 
a  bill  for  the  State  taxes  upon  said  assessment,  and  such 
sleeping-car  company  shall  have  30  days  within  which  to 
pay  said  taxes;  and  the  clerk  of  the  corporation  commis- 
Blon  shall  certify  to  the  county  commissioners  of  the 
several  counties  through  which  such  cars  are  used  the 
value  of  the  property  of  such  sleeping-car  company 
within  such  county  in  the  proportion  that  the  number  of 
miles  of  railroad  over  which  such  cars  are  used  in  said 
county  bears  to  the  number  of  miles  of  railroad  over 
which  such  cars  are  used  within  the  State,  together  with 
the  name  and  post-office  address  of  the  officer  attesting 
such  report  of  such  sleeping-car  company,  with  the  infor- 
mation that  tax  bills,  when  assessed,  are  to  be  sent 
him  by  mail;  and  such  value,  so  certified,  shall  be  as- 
sessed and  taxed  the  same  as  other  property  within 
said   county.     And   when  the  assessment  shall  have  been 


made  in  such  county,  the  sheriff  or  county  tax  collector 
shall  send  to  the  address  given  by  the  clerk  of  the  cor- 
poration commission  to  the  county  commissioners  by 
registered  mail  for  the  total  amount  of  all  taxes  due 
to  such  county,  and  such  sheriff  or  county  tax  collector 
shall  add  to  such  tax  bills  the  postage  and  registration 
fee,  and  such  sleeping-car  company  shall  have  60  days 
thereafter  within  which  to  pay  said  taxes;  and  upon  fail- 
ure of  and  refusal  to  do  so,  such  taxes  shall  be  col- 
lected the  same  as  other  delinquent  taxes  are,  to- 
gether with  a  penalty  of  50  per  cent  added  thereto, 
and  costs  of  collection. 

Refrigerator  and  freight  car  companies.  §  62.  Every 
firm,  person  or  corporation  owning  refrigerator  or 
freight  cars  operated  over  or  leased  to  any  railroad 
company  in  this  State  or  operating  in  this  State  shall 
be  taxed  in  the  same  manner  as  hereinbefore  provided 
for  the  taxation  of  sleeping-car  companies,  and  the  col- 
lection of  the  tax  thereon  shall  be  followed  in  assess- 
ing and  collecting  the  tax  on  the  refrigerator  and  freight 
cars  taxed  under  this  section;  provided,  if  it  appear 
that  the  owner  does  not  lease  the  cars  to  any  railroad 
company  or  make  any  contract  to  furnish  it  with  cars, 
but  they  are  furnished  to  be  run  indiscriminately  over 
any  lines  on  which  shippers  or  railroad  companies  may 
desire  to  send  them,  and  the  owner  receives  compen- 
sation from  each  road  over  which  the  cars  run,  the 
board  of  corporation  commissioners  shall  ascertain 
and  assess  the  value  of  the  average  number  of  cars 
which  are  in  use  within  the  State  as  a  part  of  the  nec- 
essary equipment  of  any  railroad  company  for  the  year 
ending  April  30  next  preceding,  and  the  tax  shall  be 
computed    upon    this    assessment. 

Street  railway  companies  and  other  companies  exercis- 
ing right  of  eminent  domain.  %  53.  Every  street  railway 
company,  waterworks  company,  electric  light  and  power 
company,  gas  company,  ferry  company,  bridge  company, 
canal  company,  and  other  corporations  exercising  the 
right  of  eminent  domain  shall,  annually,  between  the 
first  and  twentieth  of  June,  make  out  and  deliver  to  the 
board  of  corporation  commissioners  of  this  State  a 
statement,  verified  by  the  oath  of  the  officer  or  agent 
of  such  company  making  such  statement,  with  reference 
to   the  thirtieth   day  of  April   next   preceding,  showing: 

1.  The  capital  stock  of  such  association,  company, 
co-partnership   or   corporation. 

2.  The  number  of  shares  of  capital  stock  issued  and 
outstanding,   and   the   par   or  face   value  of  each   share. 

3.  Its  principal  place  of  business. 

4.  The  market  value  of  said  shares  of  stock  on  the 
thirty-first  day  of  Jlarch  next  preceding;  and  if  such 
shares  have  no  market  value,  then  the  actual  value 
thereof. 

5.  The  real  estate,  machinery,  fixtures  and  appli- 
ances owned  by  said  association,  company,  copartner- 
ship or  corporation  and  subject  to  local  taxation  within 
the  State,  and  the  location  and  assessed  value  thereof 
in  each  county  where  the  same  is  assessed  for  local 
taxation. 

6.  The  specific  real  estate,  together  with  the  per- 
manent Improvements  thereon,  owned  by  such  associar 
tion,  company,  copartnership  or  corporation  situate 
outside  of  the  State  of  North  Carolina  and  not  directly 
used  in  the  conduct  of  the  business,  with  a  specific 
description  of  each  such  p^ece,  where  located,  the  pur- 
pose for  which  the  same  is  used  and  the  sum  at  which 
the  same  is  assessed  for  taxation  in  the  locality  where 
situate. 

7.  All  mortgages  upon  the  whole  or  any  part  of  its 
property,    together   with    the   dates   and    amounts    thereof. 

8.  (a)  The  total  length  of  the  lines  of  said  associa- 
tion or  company;  (b)  the  total  length  of  so  much  of 
their  lines  as  is  outside  of  the  State  of  North  Carolina; 
(c)  the  length  of  the  lines  within  each  of  the  countiea 
and   townships   within  the  State  of  North   Carolina. 

Board  of  corporation  commissioners  may  require  addi- 
tional information.  S  64.  Upon  the  filing  of  the  state- 
ments required  in  the  preceding  sections  the  board 
of  corporation  commissioners  shall  examine  them  and 
each  of  them;  and  if  the  commissioners  shall  deem  the 
same  insufficient,  or  in  case  they  shall  deem  that  other 
Information   is   requisite,   they   shall   require   such   officer 


1020 


National  Association  of  Railway  Commissioners 


to  make  such  other  and  further  statements  as  said 
commissioners  may  call  for.  In  case  of  the  failure  or 
refusal  of  any  association,  company,  copartnership  or 
corporation  to  make  out  and  deliver  to  the  board  of 
corporation  commissioners  any  statement  or  statements 
rcQUired  by  this  Act,  such  association,  company,  co- 
partnership or  corporation  shall  ferfeit  and  pay  to  the 
State  of  North  Carolina  $100  for  each  additional  day 
such  report  is  delayed  beyond  the  twentieth  day  of  June, 
to  be  sued  £or  and  recovered  in  any  proper  form  of  ac- 
tion in  the  name  of  the  State  of  North  Carolina  on  the 
relation  of  the  corporation  commission,  and  such  penalty, 
when  collected,  shall  be  paid  into  the  general  fund  of 
the  State. 

Corporation  commission  shall  examine  statements.  §  55. 
The  corporation  commissioners  shall  thereupon  value 
and  assess  the  property  of  each  association,  company, 
copartnership  or  corporation  in  the  manner  hereinafter 
set  forth,  after  examining  such  statements  and  after 
ascertaining  the  value  of  such  properties  therefrom, 
and  upon  such  other  information  as  they  may  have  or 
obtain.  For  that  purpose  they  may  require  the  agents 
or  officers  of  said  association,  company,  copartnership 
Or  corporation  to  appear  before  them  with  such  books, 
papers  and  statements  as  they  may  require,  or  they 
may  require  additional  statements  to  be  made  to  them, 
and  may  compel  the  attendance  of  witnesses  in  case 
they  shall  deem  it  necessary  to  enable  them  to  ascertaia 
the  true  cash  value  of  such  property. 

Manner  of  assessment — Corporation  commission  to  o»- 
certain  values.  §  56.  Said  corporation  commission  shall 
first  ascertain  the  true  cash  value  of  the  entire  property 
owned  by  the  said  association,  company,  copartnership 
or  corporation  from  said  statements  or  otherwise  for 
that  purpose,  taking  the  aggregate  value  of  all  the 
shares  of  capital  stock,  in  case  shares  have  a  market 
value,  and  in  case  they  have  none,  taking  the  actual 
value  thereof  or  of  the  capital  of  said  association,  com- 
pany, copartnership  or  corporation  in  whatever  manner 
the  same  is  divided,  in  case  no  shares  of  capital  stock 
have  been  issued;  provided,  however,  that  in  case 
the  whole  or  any  portion  of  the  property  of  such  asso- 
ciation, company,  copartnership  or  corporation  shall  be 
encumbered  by  a  mortgage  or  mortgages,  such  board 
shall  ascertain  the  true  cash  value  of  such  property  by 
adding  to  the  market  value  of  the  aggregate  shares  of 
stock  or  to  the  value  of  the  capital.  In  case  there 
should  be  no  such  shares,  the  aggregate  amounts  of 
such  mortgage  or  mortgages  and  the  result  shall  be 
deemed  and  treated  as  the  true  cash  value  of  the  prop- 
erty of  such  association,  company,  copartnership  or 
corporation.  Such  board  of  corporation  commissioners 
shall,  for  the  purpose  of  ascertaining  the  true  cash 
value  of  the  property  within  the  State  of  North  Carolina, 
next  ascertain  from  such  statements  or  otherwise  the 
assessed  value  for  taxation,  in  the  localities  where  the 
same  it  situated,  of  the  several  pieces  of  real  estate 
situated  within  the  State  of  North  Carolina  and  not  spe- 
cifically used  in  the  general  business  of  such  associa- 
tions, companies,  copartnerships  or  corporations,  which 
said  assessed  value  for  taxation  shall  be  by  said  board 
deducted  from  the  gross  value  of  the  property  as  above 
ascertained.  Said  State  board  of  corporation  commis- 
missioners  shall  next  ascertain  and  assess  the  true 
cash  value  of  the  property  of  the  associations,  companies, 
copartnerships  or  corporations  within  the  State  of  North 
Carolina  by  taking  as  a  guide,  as  far  as  practicable, 
the  proportion  of  the  whole  aggregate  value  of  said 
associations,  companies,  copartnerships  or  corporations 
as  above  ascertained,  after  deducting  the  assessed  value 
of  such  real  estate  without  the  State  which  the  length 
of  lines  of  said  associations,  companies,  copartnerships 
or  corporations,  in  the  case  of  telegraph  and  telephone 
companies  within  the  State  of  North  Carolina,  bears  to 
the  total  length  thereof,  and  in  the  case  of  express 
companies  and  sleeping-car  companies  the  proportion 
shall  be  the  proportion  of  the  whole  aggregate  value, 
after  such  deduction,  which  the  length  of  the  lines  or 
routes  within  the  State  of  North  Carolina  bears  to  the 
whole  length  of  lines  or  routes  of  such  associations, 
companies,  copartnerships  or  corporations,  and  such 
amount  so  ascertained  shall  be  deemed  and  held  as  the 
entire   value   of   the   property   of  said   associations,   com- 


panies, copartnerships  or  corporations  within  the  State 
of  North  Carolina.  The  corporation  commission  shall 
also  assess  the  value  for  taxation  of  all  real  estate, 
structures,  machinery  and  appliances  of  telegraph  and 
telephone  companies  within  the  State  subject  to  local 
taxation,  and  this  local  assessment  of  telegraph  compa- 
nies, together  with  the  franchise  value,  shall  be  certified 
by  the  commission  to  the  counties  and  municipalities 
where  located  on  basis  of  wire  mileage  in  such  county 
or  town  in  which  such  property  is  situated.  From  the 
entire  value  of  the  property  within  the  State  so  ascer- 
tained there  shall  be  deducted  by  the  commissioners 
the  assessed  value  for  taxation  of  all  real  estate,  struc- 
tures, machinery  and  appliances  within  the  State  and 
subject  to  local  taxation  in  the  counties  as  hereinbefore 
described  in  §  §  49,  50  and  53  of  this  Act,  and  the  resi- 
due cf  such  value  so  ascertained,  after  deducting  there- 
from the  assessed  value  of  such  local  properties,  shall 
be  by  said  board  assessed  to  said  association. 

Value  per  mile.  §  57.  Said  corporation  commission 
shall  thereupon  ascertain  the  value  per  mile  of  the 
property  within  the  State  by  dividing  the  total  value  ss 
above  ascertained,  after  deducting  the  specific  properties 
locally  assessed  within  the  State  by  the  number  of  miU  3 
within  the  State,  and  the  result  shall  be  deemed  and 
held  as  value  per  mile  of  the  property  of  such  associi- 
tion,  company,  copartnership  or  corporation  within  tte 
State  of  North  Carolina. 

Total  value  for  each  county.     §  58.     Said  corporal 
commission    shall    thereupon,    for    the    purpose    of    det 
mining  what  amount  shall  be  assessed  by  it  to  said  asl| 
elation,    company,    copartnership    or    corporation    in    ea 
county    in    the    State,    through,    across    and    into    or   on 
which    the    line   of   said   association,   company,   copartn^J 
ship    or     corporation    extends,    multiply    the     value    p«  l 
mile,   as   above   ascertained,   by    the   number   of   miles   ial 
each   such   counties  as  reported  in  said  statements  or  i  s  ] 
otherwise    ascertained,    and    the    result    thereof    shall    t  e 
by    the    clerk    of    said    board    certified    to    the    chairman 
of   the    board    of   county   commissioners,    respectively,    (  f 
the   several   counties  'through,   into,  over  or  across  whUli| 
the  lines  or  routes  of  said  association,  company,  copari  F 
nership     or     corporation     extends.       All     taxes     due     t|  \ 
State    from    any    corporation    taxed    under    the    precedl: 
sections,    except   the   tax   paid   for   school   purposes,   sh 
be   paid   by   the  treasurer  of  each  company  direct  to 
State   treasurer. 

Companies  failing  to  pay  tax — Procedure  for  enfor 
ment  of  payment  on  failure  or  refusal.  §  59.  In  case 
such  association,  company,  copartnership  or  corporatlc  l 
as  named  in  this  Act  shall  fail  or  refuse  to  pay  ai  \ 
taxes  assessed  against  it  in  any  county  in  this  Sta' 
in  addition  to  other  remedies  provided  by  law  for 
collection  of  taxes,  an  action  may  be  prosecuted  in 
name  of  the  State  of  North  Carolina  by  the  solicit^ 
of  the  different  judicial  districts  of  the  State  on 
relation  of  the  county  commissioners  of  the  differ 
counties  of  this  State,  and  the  judgment  in  the  sll 
action  shall  include  a  penalty  of  50  per  cent  of 
amount  of  taxes  as  assessed  and  unpaid,  together 
reasonable  attorneys'  fees  for  the  institution  of  su 
action,  which  actjon  may  be  prosecuted  in  any  coub 
into,  through,  over  or  across  which  the  line  o/  routes j 
any  association,  company,  copartnership  or  corporal 
shall  extend,  or  in  any  county  where  such  associatl^ 
company,  copartnership  or  corporation  shall  have 
office  or  agent  for  the  transaction  of  business, 
case  such  association,  company,  copartnership  or  cor 
ration  shall  have  refused  to  pay  the  whole  of  the  tax ' 
assessed  against  the  same  by  the  corporation  comm 
sion,  or  in  case  such  association,  company,  copartnershiiJ 
or  corporation  shall  have  refused  to  pay  the  taxes  or  any 
portion  thereof  assessed  to  it  in  any  particular  county 
or  counties,  such  action  may  include  the  whole  or  a:iy 
portion  of  the  taxes  so  unpaid  in  any  county  or  counties; 
but  the  attorney-general  may,  at  his  option,  unite  in  one 
action  the  entire  amount  of  the  tax  due,  or  may  briig 
separate  actions  to  each  separate  county  or  adjoining 
counties,  as  he  may  prefer.  All  collections  of  taxes 
for  or  on  account,  of  any  particular  county  made  in  any 
such  suit  or  suits  shall  be  by  said  board  accounted  for 
as  a  credit  to  the  respective  counties  for  or  on  ac- 
count of  which  such  collections  were  made  by  the  said 


Public  Servioe  Laws 


1031 


board  at  the  next  ensuing  settlement  with  such  county, 
but  the  penalty  so  collected  shall  be  credited  to  the 
general  fund  of  the  State;  and  upon  such  settlement 
being  made,  the  treasurers  of  the  several  counties  shall 
at  their  next  settlements  enter  credits  upon  the  proper 
duplicates  in  their  offices,  and  at  the  next  settlement  with 
such  county  report  the  amount  so  received  by  him  in 
his  settlement  with  the  State,  and  proper  entries  shall 
be  made  with  reference  thereto;  provided,  that  in  any 
such  action  the  amount  of  assessment  fixed  by  said  cor- 
poration commission  and  apportioned  to  such  county 
shall  not  be  controverted. 

Corporation  commission  appraisers  and  assessors  for 
railroad  and  other  companies.  §  60.  The  commissioners 
selected  from  time  to  time  under  authority  to  establish 
the  North  Carolina  Corporation  Commission  shall  consti- 
tute a  board  of  appraisers  and  assessors  for  railroad, 
canal  and  steamboat  companies  and  other  companies 
exercising  the  right  of  eminent  domain. 

Railroads — List  of  property  to  be  filed.  §  61.  The  presi- 
dent, secretary,  superintendent  or  other  principal  ac- 
counting officers,  within  this  State,  of  every  railroad, 
whether  incorporated  by  the  laws  of  this  State  or  not, 
shall,  at  such  dates  as  real  estate  is  required  to  be 
assessed  for  taxation,  return  to  the  said  commission 
for  assessment  and  taxation,  verified  by  the  oath  or 
affirmation  of  the  officer  making  the  return,  all  the  fol- 
lowing described  property  belonging  to  such  corporation 
within  this  State,  viz.:  The  number  of  miles  of  such 
railroad  lines  in  each  county  In  this  State  and  the 
total  number  of  miles  in  this  State,  Including  the  road- 
bed, right  of  way  and  superstructures  thereon,  main 
and  side  tracks,  depot  buildings  and  depot  grounds, 
section  and  tool  houses  and  the  land  upon  which  situ- 
ated and  necessary  to  their  use;  water  stations  and 
land,  coal  chutes  and  land,  and  real  estate  and  personal 
proiierty  of  every  character  necessary  for  the  construc- 
tion and  successful  operation  of  such  railroad  or  used  in 
the  daily  operation,  whether  situated  on  the  charter 
right  of  Avay  of  the  railroad  or  an  additional  land  ac- 
quired for  this  purpose,  except  as  provided  below,  In- 
cluding, also,  if  desired  by  the  corporation  commission, 
puUman  or  sleeping  cars  or  refrigerator  cars  owned  by 
them  or  operated  over  their  lines;  provided,  however, 
that  all  machine  and  repair  shops,  general  office  build- 
ings, storehouses  and  contents  located  outside  of  the 
right  of  way,  and  also  real  and  personal  property,  other 
than  the  property  as  returned  above  to  the  corporation 
commission,  shall  be  listed  for  purposes  of  local  taxation 
by  the  principal  officers  or  agents  of  such  companies 
with  the  list  takers  of  the  county  where  the  real  and 
personal  property  may  be  situated.  In  the  manner  pro- 
vided by  law  for  the  listing  and  valuation  of  real  and 
persona!  property.  A  list  of  such  property  shall  be 
filed  by  such  company  with  the  corporation  commission. 
It  shall  be  the  duty  of  the  register  of  deeds.  If  requested 
so  to  do  by  the  corporation  commission,  to  certify  and 
send  to  the  said  commission  a  statement  giving  a  de- 
scription of  the  property  mentioned  in  the  foregoing 
proviso,  and  showing  the  assessed  valuation  thereof, 
which  value  shall  be  deducted  from  the  total  value  of 
the  property  of  such  railroad  company  as  arrived  at  by 
the  commission,  in  accordance  with  §  63,  before  the  ap- 
portionment is  made  to  the  counties  and  municipalities. 
The  registers  of  deeds  shall  also  certify  to  the  commis- 
sion the  local  rate  of  taxation  for  county  purposes  as 
soon  as  the  same  shall  be  determined,  and  such  other 
Information  obtained  in  the  course  of  the  performance 
of  the  duties  of  their  office  as  the 'said  commission  shall 
require  of  them;  and  the  mayor  of  each  city  or  town 
shall  cause  to  be  sent  to  the  said  commission  the  local 
rate  of  taxation  for  municipal  purposes;  provided, 
that  coal  chutes  and  supplies  of  coal  on  hand  without 
the  limit  of  the  right  of  way  of  railroads  shall  be  listed 
and  assessed  as  other  taxable  property  of  the  city, 
town    or    county   is   assessed    with    the    local    assessors. 

Railroads — Inventory  of  rolling  stock  capital.  §  62.  The 
movable  property  belonging  to  a  railroad  company  shall 
be  denominated  for  the  purposes  of  taxation  "rolling 
stock."  Every  person,  company  or  corporation  owning, 
constructing  or  operating  a  railroad  in  this  State  shall. 
In  the  month  of  May,  annually,  return  a  list  or  sched- 
ule to  the  corporation  commission,  which  shall  contain  a 


correct  detailed  Inventory  of  all  the  rolling  stock  be- 
longing to  such  company,  and  which  shall  distinctly 
set  forth  the  number  of  locomotives  of  all  classes, 
passenger  cars  of  all  classes,  sleeping-cars  and  dining 
cars,  express  cars,  horse  cars,  cattle  cars,  coal  cars, 
platform  cars,  wrecking  cars,  pay  cars,  hand  cars  and 
all  other  kinds  of  cars,  and  the  value  thereof,  and  a 
statement  or  schedule,  as  follows:  (1)  the  amount  of 
capital  stock  authorized  and  the  number  of  shares 
into  which  such  capital  is  divided;  (2)  the  amount  of 
capital  stock  paid  up;  (3)  the  market  value,  or.  If  no 
market  value,  then  the  actual  value  of  shares  of  stock; 
(4)  the  length  of  line  operated  In  each  county  and  total 
In  the  State;  (5)  the  total  assessed  value  of  all  tangible 
property  In  the  State;  (6)  and,  if  desired,  all  the  infor- 
mation heretofore  required  to  be  annually  reported  by 
§  5291  of  the  Revlsal.  Such  schedule  shall  be  made  in 
conformity  to  such  instructions  and  forms  as  may  be 
prescribed  by  the  commission,  and  with  reference  to 
amounts  and  values  on  the  first  day  of  May  of  the  year 
of  which  the  return  is  made. 

Tangible  and  intangible  property  assessed  separately. 
§  63.  (a)  At  such  dates  as  real  estate  is  required  to  be 
assessed  for  taxation,  the  said  commission  shall  first 
determine  the  value  of  the  tangible  property  of  each 
division  or  branch  of  such  railroad,  of  rolling  stock  and 
all  other  physical  or  tangible  property.  This  value  shall 
be  determined  by  a  due  consideration  of  the  actual  cost 
of  replacing  the  property,  with  a  just  allowance  for  de- 
preciation on  rolling  stock,  and  also  of  other  conditions, 
to  be  considered  as  in  the  case  of  private  property. 

Valuation  of  franchise — Mode  of  valuation.  (&)  They 
shall  then  assess  the  value  of  the  franchise,  which  shall 
be  determined  by  due  consideration  of  the  gross  earn- 
ings as  compared  with  the  operating  expenses,  and  par- 
ticularly by  consideration  of  the  value  placed  upon  the 
whole  property  by  the  public  (the  value  of  the  physical 
property  being  deducted),  as  evidenced  by  the  market 
value  of  all  capital  stock,  certificates  of  indebtedness, 
bonds  or  any  other  securities,  the  value  of  which  is 
based  upon  the  earning  capacity  of  the  property. 

Value  for  taxation,  (c)  The  aggregate  value  of  the 
physical  or  tangible  property  and  the  franchise  as  thus 
determined  shall  be  the  true  value  of  the  property  for 
the  purpose  of  an  ad  valorem  taxation,  and  shall  be 
apportioned  in  the  same  proportion  that  the  length  of 
such  road  in  each  county  bears  to  the  entire  length  of 
such  division  or  branch  thereof;  and  the  corporation 
commission  shall  certify,  on  or  before  the  fifteenth  day 
of  September,  to  the  chairman  of  the  county  commis- 
sioners and  the  mayor  of  each  city  or  incorporated 
town  the  amount  apportioned  to  his  county,  city  or  town; 
and  the  said  commission  shall  make  and  forward  a  like 
certificate  to  the  auditor  of  the  State.  All  taxes  due 
the  State  from  any  railroad  company,  except  the  tax 
imposed  for  school  purposes,  shall  be  paid  by  the  treas- 
urer of  each  company  directly  to  the  State  treasurer; 
and  upon  failure  to  pay  the  State  treasurer  as  aforesaid, 
he  shall  institute  an  action  to  enforce  the  same  in 
the  county  of  Wake  or  any  other  county  In  which  such 
railroad  Is  located,  adding  thereto  25  per  centum  of  the 
tax.  The  board  of  county  commissioners  of  each 
county  through  which  said  railroad  passes  shall  assess 
against  the  same  only  the  tax  imposed  by  the  State 
for  school  purposes  and  those  imposed  for  county  pur- 
poses. 

Railroads — Proportionate  assessment  of  railroad  partly 
outside  the  State.  §  64.  When  anj  railroad  has  part  of  its 
road  In  this  State  and  part  thereof  in  any  other  State, 
the  said  commission  shall  ascertain  the  value  of  railroad 
track,  rolling  stock  and  all  other  property  liable  to  as- 
sessment by  the  corporation  commission  of  such  com- 
pany as  provided  in  the  next  preceding  section,  and  di- 
vide it  in  the  proportion  to  the  length  such  main  line 
of  road  in  this  State  bears  to  the  whole  length  of  such 
main  line  of  road,  and  determine  the  value  in  this  State 
accordingly.  On  or  after  the  first  Monday  In  July,  the 
said  commission  shall  give  a  hearing  to  all  the  companies 
Interested  touching  the  valuation  and  assessment  of 
their  property.  The  said  commission  may,  if  they  see  fit, 
require  all  argument  and  communications  to  be  pre- 
sented In  writing. 


1022 


National  Association  op  Railway  Commissioners 


Railroads — Taxes  on  leased  railroads.  S  65.  If  the  prop- 
erty of  any  railroad  company  be  leased  or  operated  by 
any  other  corporation,  foreign  or  domestic,  the  property 
of  the  lessor  or  company  whose  property  is  operated  shall 
be  subject  to  taxation  in  the  manner  hereinbefore  di- 
rected; and  if  the  lessee  or  operating  company,  being 
a  foreign  corporation,  be  the  owner  or  possessor  of  any 
property  in  this  State  other  than  which  it  derives  from 
the  lessor  or  company  whose  property  is  operated,  it 
shall  be  assessed  in  respect  to  such  property  in  like 
manner  as  any  domestic  railroad. 

Railroads — Powers  of  corporation  commission  in  obtain- 
ing information — Refusal  to  attend  or  to  produce  books  and 
papers  or  to  answer  questions  a  misdemeanor.  §  66.  The 
corporation  commission  shall  have  power  to  summon 
and  examine  witnesses  and  require  that  books  and  papers 
shall  be  presented  to  them  for  the  purpose  of  obtaining 
Buch  information  as  may  be  necessary  to  aid  in  deter- 
mining the  valuation  of  any  railroad  company.  Any 
president,  secretary,  receiver  or  accounting  officer,  ser- 
vant or  agent  of  any  railroad  or  steamboat  company 
having  any  portion  of  its  property  or  roadway  in  this 
State  who  shall  refuse  to  attend  before  the  said  commis- 
sion when  required  to  do  so,  or  refuse  to  submit  to  the 
Inspection  of  said  commissioners  any  books  or  papers  of 
such  railroad  company  in  his  possession,  custody  or  con- 
trol, or  shall  refuse  to  answer  such  questions  as  may 
be  put  to  him  by  said  commission,  or  order,  touching 
the  business  or  property,  moneys  and  credits,  and  the 
value  thereof,  of  said  railroad  company,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  before 
any  court  of  competent  jurisdiction  shall  be  confined  in 
the  jail  of  the  county  not  exceeding  30  days  and  shall 
be  fined  in  any  sum  not  exceeding  $500  and  costs;  and 
any  president,  secretary,  accounting  officer,  servant  or 
agent  aforesaid,  so  refusing  as  aforesaid  shall  be  deemed 
guilty  of  contempt  of  such  commission,  and  may  be 
confined,  by  order  of  said  commission,  in  the  jail  of 
the  proper  county  until  he  shall  comply  with  such  order 
and    pay   the    cost    of    his    imprisonment. 

Corporation  cotnmission  to  certify,  etc.;  when  tax  pay- 
able. §  67.  The  Corporation  Commission  shall,  upon  the 
completion  of  the  assessments  as  directed  in  the  pre- 
ceding sections,  certify  an  itemized  list  of  the  names  of 
the  various  corporations  assessed,  together  with  the  val- 
uations assessed  against  each,  to  the  auditor  of  the 
State,  and  it  shall  be  the  duty  of  the  auditor  to  cause 
the  State  and  pension  tax  levy  to  be  computed  thereon 
against  each  corporation  so  certified,  and  to  furnish  the 
State  treasurer  with  same  for  collection,  and  said 
list  shall  be  a  charge  against  the  State  treasurer.  All 
such  taxes  due  the  State  shall  be  paid  by  the  secretary 
or  treasurer  of  any  such  corporation  direct  to  the  State 
treasurer  within  30  days  after  the  receipt  of  bill  from 
the  treasurer  of  taxes  due.  The  corporation  commission 
shall  also  certify  to  the  register  of  deeds  of  the  county 
the  total  valuation  as  hereinbefore  determined  and  ap- 
portioned by  the  commission,  and  in  case  of  corporate 
excess,  to  the  county  in  which  the  corporation  has  its 
principal  place  of  business,  and  the  board  of  county 
commissioners  shall  assess  against  same  the  tax  im- 
posed for  county  and  school  purposes,  which  shall  be 
paid  to  the  sheriff  or  tax  collector  of  the  county. 

Form  for  assessing  and  listing  property — Wearing  ap- 
parel, libraries  and  household  furniture — Growing  crops. 
§  72.  The  auditor  of  the  State  shall  prepare  forms  to  be  used 
in  assessing  and  listing  property  for  taxation  by  assessors. 
He  shall  transmit  said  forms  to  the  clerk  of  the  board  of 
commissioners  of  each  county  by  the  fifteenth  day  of 
April,  and  the  clerks  shall  deliver  to  the  assessors  the 
necessary  number  of  forms  for  their  respective  use.  The 
assessors'  forms  shall  be  furnished  annually. 

Lists  shall  be  completed  by  the  second  Monday  in  July; 
shall  make  a  return  of  polls  and  property  not  listed.  §  73. 
The  assessors  shall,  on  or  before  the  second  Monday  in 
July  in  each  year,  return  the  tax  list  to  the  clerk  of  the 
board  of  county  commissioners.  They  shall  also  return  a 
list  of  taxable  polls  and  property  of  the  township  not  given 
in  for  taxation.  The  returns  so  made  shall  be  open  to  the 
inspection  of  all  persons  Interested,  and  the  clerk  shall 
give  to  any  person  desiring  it  a  copy  of  so  much  thereof 
as  relates  to  his  property  on  paying  a  fee  of  10  cents. 


Equalization  of  values.  §  75.  The  board  of  commission- 
ers of  each  county,  after  notice  in  one  newspaper  or  by 
poster  put  up,  shall  meet  on  the  second  Monday  in  July 
and  revise  the  tax  list  and  valuation  reported  to  them; 
and  it  shall  be  the  duty  of  the  register  of  deeds,  without 
additional  compensation,  to  complete  the  list  by  computing 
the  tax  payable  by  each  person,  affixing  the  same  opposite 
his  name.  The  board  of  commissioners  shall  sit  for  one 
day  at  least,  and  when  necessary  shall  sit  until  the  re- 
vision is  complete,  and  shall  hear  all  persons  objecting  to 
the  valuation  of  their  property  or  the  amount  of  tax 
charged  against  them.  They  shall  have  power  to  summon 
and  examine  witnesses,  and  shall  correct  the  list  of  the 
list  takers  as  may  be  right  and  just,  so  that  the  valuation 
of  similar  property  throughout  the  county  shall  be  as 
near  uniform  as  possible.  They  shall  have  power,  after 
notifying  the  owner  or  agent,  to  raise  the  valuation  of 
such  property  as  they  shall  deem  unreasonably  low.  The 
said  board  of  commissioners,  on  tendering  the  prescribed 
oath,  may  take  the  list  of  any  person  applying  to  list  his 
taxables  at  any  meeting  of  the  commissioners  held  on  or 
before  the  second  Monday  in  July,  upon  his  paying  the 
clerk  25  cents  for  recording  the  same.  The  board  of  com- 
missioners shall  ascertain  the  valuation  of  his  prop«  rty 
by  the  examination  of  witnesses  or  otherwise,  and  in;  ert 
it  in  the  abstract,  and,  without  satisfactory  excuse,  tiey 
may  add  to  the  tax  of  the  person  so  allowed  to  give  in  S 
per  centum  on  the  regular  amount  of  his  tax  for  that  y<>ar. 

The  taxpayer  may  complain  to  board  of  commission  ;rs. 
i  76.  If  any  person  shall  complain  before  the  board  of 
commissioners  that  his  property,  either  real  or  persoial, 
has  been  Improperly  valued,  or  that  he  is  charged  v  ith 
an  excessive  tax,  he  may  be  required  to  present  his  cli  im 
in  writing,  and  the  board  of  commissioners  shall  hear  :.ny 
evidence  adduced  by  him  and  shall  summon  and  exan:  ine 
any  witnesses  necessary  for  a  just  decision  of  the  qi  es- 
tion,  including  the  assessors  who  made  the  valuation.  If 
the  board  of  commissioners  shall  find  that  he  has  ca  ise 
for  complaint  they  shall  direct  the  clerk  to  render  a  t  ue 
account  thereof,  and  the  account  thus  rendered,  certi  ied 
by  the  clerk,  shall  be  transmitted  to  the  auditor,  who  si  all 
credit  the  sheriff  with  the  overcharge  in  his  settlement  for 
the  year.  The  board  of  tax  commissioners  or  the  corp(  ra- 
tion commission  is  also  authorized  to  correct  any  en  jrs 
or  review  any  assessment  made  by  them  at  any  lime  nd 
make  such  changes  and  correct  such  irregularities  as  ill 
be  just  and  proper;  and  the  auditor  of  the  State  nd 
board  of  county  commissioners  shall  make  such  chan  ,'es 
as  directed  by  them,  to  the  end  that  such  refund  of  ta  ^es 
as  is  just  shall  be  made. 

Commissioners  may  give  certificate  of  relief  gran  ed. 
§  77.  If  the  application  for  relief  be  made  to  the  boarc  of 
commissioners  after  the  sheriff  shall  have  settled  the  ac- 
counts with  the  State  and  county,  the  board  of  conn  lis- 
sioners  shall  carefully  examine  the  casC;  and,  if  in  tl  eir 
opinion  the  applicant  is  entitled  to  relief,  shall  direct  the 
clerk  to  record  on  the  record  book  the  cause  of  corapla  nt, 
the  amount  which  in  the  opinion  of  the  board  of  comi  lis- 
sioners  should  be  refunded  to  the  applicant.  The  cl  ^rk 
shall  make  out  a  copy  of  such  record,  certify  the  sa  iie, 
under  the  seal  of  the  board  of  commissioners,  and  del:ver 
it  to  the  applicant,  who  shall  pay  the  clerk  a  fee  of  26 
cents.  Such  copy  shall  be  transmitted  to  the  auditoi  of 
the  State,  who,  finding  the  proceedings  in  conformity  \  ith 
the  requirements  of  the  order,  shall  issue  a  warrant  on  the 
treasurer  of  the  State  for  the  amount  of  State  tax  speciled. 
The  treasurer  shall,  on  presentation  of  such  warrant,  ja 
to  the  holder  of  the  same  the  amount  to  be  refunded. 


ioiienT 


The  board  of  com,1nissioners  shall  insert  omitted 
erty.  §  80.  The  chairman  of  the  board  of  commissioiii 
shall  examine  the  tax  list  from  each  township  for  the 
previous  year  and  insert  in  said  list  the  description  ind 
valuation  of  all  property  not  given  in,  and  shall  charge  all 
such  persons  with  double  the  tax  which  they  would  ot  ler- 
wise  be  chargeable,  unless  satisfactory  excuse  therefoi  be 
rendered  to  the  board  of  commissioners  on  or  before  the 
first  Monday  in  October;  and  all  persons  who  own  prop- 
erty and  wilfully  fail  to  list  it  within  the  time  allov.-ed, 
before  the  list  taker  or  board  of  commissioners,  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  fined  not  more  than  $50  or  imprisoned  not  more  than 
30  days;  and  it  shall  be  the  duly  of  the  board  of  com- 
missioners to  present  to  the  grand  jury  the  names  of  ail 
such  persons.     The  assessors  shall  report  to  the  board  ot 


Public  Sebviob  Laws 


1028 


commissioners  any  change  they  may  make  in  the  tax  list 
as  to  real  estate,  and  the  said  board  shall  note  such  change 
in  a  book  to  be  kept  for  that  purpose. 

Agents  paying  taxes  shall  have  lien.  §  82.  When  prop- 
erty is  assessed  to  any  person  as  agent  for  another  or  in 
a  representative  capacity,  such  person  shall  have  a  lien 
upon  such  property  or  any  property  of  his  principal  In  his 
possession  until  he  is  indemnified  against  the  payment 
thereof,  or,  if  he  has  paid  the  tax,  until  he  is  reimbursed 
for  such  payment. 

Taxes  due  the  first  Monday  in  Octoier.  §  86.  All  taxes 
shall  be  due  on  the  first  Monday  in  October  In  each  year. 
When  paid,  the  sheriff  or  tax  collector  shall  note  on  the 
tax  duplicate  against  the  name  of  the  party  the  date  of 
the  payment  and  the  amount  paid.  He  shall  also  give  re- 
ceipt to  the  parties,  stating  the  amount  of  the  State  and 
county  tax  separaitely,  and  the  date  of  payment;  and  for 
the  failure  to  give  such  receipt,  stating  the  State  and 
county  tax  separately,  he  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  be  fined  at  the  discretion  of 
the  court;  provided,  the  sheriff  or  tax  collector  shall  not 
collect  the  taxes  for  any  year  until  he  shall  have  settled 
in  full  with  the  State  and  county  for  the  taxes  of  the 
previous  year  (if  he  was  sheriff  or  tax  collector)  and  give 
the  bond  required  by  law;  and  if  upon  examination  the 
commissioners  are  not  satisfied  with  the  solvency  of  the 
surety  to  said  bonds,  they  may  require  new  bonds  to  be 
given.  Before  receiving  the  tax  duplicate,  he  shall  pro- 
duce the  receipts  of  the  State  and  county,  it  he  was  the 
sheriff  or  tax  collector,  for  the  previous  year,  to  the  clerk 
of  the  board  of  commissioners,  and  in  the  event  the  sheriff 
fails  to  produce  the  ^foresaid  receipts  and  give  the  re- 
quired bond  the  board  of  commissioners  shall  appoint  a 
tax  collector,  who  shall  give  bond  as  required  of  the 
sheriff  to  faithfully  collect  and  pay  over  the  taxes  accord- 
ing to  law.  When  the  sheriff  shall  collect  by  his  deputies 
they  shall,  before  the  clerk  of  the  board  of  commissioners 
or  before  a  justice  of  the  peace  of  the  county,  take  and 
subscribe  an  oath  faithfully  and  honestly  to  account  for  the 
same  with  a  sheriff  or  other  person  authorized  to  receive 
the  same.  Said  oath  shall  be  filed  with  the  register  of 
deeds  and  kept  in  the  office  of  the  board  of  commissioners; 
and  for  failure  of  any  deputy  sheriff  to  pay  over  such 
taxes  as  he  may  collect  he  shall  be  guilty  of  a  misde- 
meanor. 

All  taxes  received  shall  be  paid  to  State  treasurer 
within  ten  days  after  the  first  of  following  month.  §  91. 
All  city,  county  or  State  officers  authorized  to  collect  or 
receive  taxes  or  license  fees  for  the  State  shall  make  re- 
turn of  the  same  on  the  first  of  every  month  to  the  auditor, 
and  within  10  days  thereafter  pay  the  amount  mentioned 
in  said  return  to  the  State  treasurer;  and,  further.  It 
shall  be  the  duty  of  the  State  treasurer  to  immediately 
notify  the  State  auditor  of  any  failure  upon  the  part  of 
any  official  to  account  as  aforesaid.  Any  officer  violating 
this  section  shall  be  guilty  of  a  misdemeanor. 

§  92.  Should  there  be  any  doubt  in  the  mind  of  any 
sheriff  of  any  county  as  to  which  license  fee  any  corpora- 
tion, firm  or  individual  should  pay  on  account  of  the  busi- 
ness partaking  of  the  nature  of  more  than  one  subject  of 
taxation,  sucli  corporation,  firm  or  individual  shall  be 
charged  the  highest  license  which  might  be  levied;  but 
this  discretion  shall  not  be  exercised  by  the  sheriff  when 
the  busi^iesses  carried  on  are  separate  and  distinct 
branches,  but  each  shall  then  be  taxed  as  required  by  law. 

Mistakes  in  assessments.  §  94.  If  on  the  assessment 
roll  there  is  an  error  in  the  name  of  the  person  assessed, 
or  any  taxable  property  shall  not  be  entered  thereon,  the 
name  may  be  changed  or  the  property  entered  on  the  list 
by  the  assessors  after  the  roll  has  been  returned  to  the 
clerk  of  the  board  of  commissioners,  or  such  error  may  be 
corrected  or  the  omission  supplied  by  the  board  of  com- 
missioners, upon  satisfactory  evidence  of  such  error  or 
omission,  at  a  regular  meeting  of  the  board;  and  the 
board  m.ay  make  an  order  requiring  the  person  affected  to 
show  cause,  at  a  day  to  be  therein  appointed,  why  the 
error  shall  not  be  corrected  or  omission  supplied,  and  his 
name  and  the  property  be  entered  on  the  tax  list.  Such 
order  shall  be  served  upon  the  party  or  posted  upon  the 
property  30  days  before  the  day  appointed  therein  for 
showing  cause.  If  no  cause,  or  no  sufficient  cause,  be 
shown  to  the  contrary,  the  commissioners  shall  assess 
such   property   and  order  such   error   corrected   or  omis- 


sion supplied  and  the  name  of  the  person  and  description 
of  the  property  entered  on  the  tax  list,  and  the  tax  shall 
be  collected  as  in  other  cases;  but  proceedings  to  correct 
such  error  or  supply  such  omission  must  be  instituted 
within  six  months  from  the  time  taxes  would,  it  regularly 
assessed,  have  become  delinquent. 

Taxes  on  railroads  shall  he  a  lien  on  property  of  the 
same.  §  95.  The  taxes  upon  any  and  all  railroads  in  this 
State,  including  roadbed,  right  of  way,  depots,  sidetracks, 
ties  and  rails,  now  constructed,  or  hereafter  to  be  con- 
structed, are  hereby  made  a  perpetual  lien  thereupon,  com- 
mencing from  the  first  day  of  June  in  each  current  year, 
against  all  claims  or  demands  whatsoever  of  all  persons 
or  bodies  corporate,  except  the  United  States  and  this 
State;  and  the  above  described  property  or  any  part 
thereof  may  be  taken  and  held  for  payment  of  all  taxes 
assessed  against  said  railroad  company  in  the  several 
counties  in  this  State. 

Removing  or  concealing  personal  property  a  misde* 
meanor.  §  96.  If  any  person  whose  duty  it  is  to  list  per- 
sonal property  for  taxation  shall  remove  or  conceal  same, 
or  cause  same  to  be  removed  or  concealed,  for  the  purpose 
of  avoiding  taxation,  or  shall  fail  to  list  same  for  taxa- 
tion, he  shall  be  guilty  of  a  misdemeanor. 

Treasurer  may  grant  indulgences.  %  103.  The  treas- 
urer of  the  State,  with  the  advice  and  approval  of  the  attor- 
ney-general, is  hereby  authorized,  when  in  the  judgment  of 
those  officers  it  may  be  best  to  secure  the  interest  of  the 
State  and  will  not  lose  any  lien  held  by  the  State,  to  grant 
indulgence  to  defendants  in  execution  and  relinquish  pen- 
alties upon  payment  of  amount  of  dues  owing  to  the  State; 
and  likewise  to  bid  for  in  behalf  of  the  State  and  purchase 
property  of  said  defendant  when  necessary  to  secure  the 
payment  of  the  dues. 

Repeal  proviso.  S  116.  All  Acts  and  parts  of  Acts  incon- 
sistent with  the  provisions  of  this  Act  are  hereby  repealed; 
provided,  that  such  repeal  shall  not  in  any  manner  affect 
any  rights  heretofore  acquired,  or  the  collection  of  any 
taxes  heretofore  levied  or  assessed,  or  the  validity  of  any 
sales  for  taxes  heretofore  made,  or  any  right  heretofore  ac- 
quired under  any  law  of  this  State. 

In  effect  forthwith.  §  117.  That  this  Act  shall  be  In 
force  from  and  after  its  ratification. 

Ratified  this  the  8th  day  of  March,  A.  D.  1911. 

INDUSTRIAL  SIDINGS. 
The  general  assembly  of  North  Carolina  do  enact: 

Power  to  condemn  right  of  way  for  siding.  §  1.  That 
when  any  railroad  company  doing  business  in  the  State 
of  North  Carolina,  whether  such  railroad  be  a  domestic  or 
foreign  corporation,  has  been  or  shall  be  ordered  by  the 
North  Carolina  Corporation  Commission  to  construct  an  In- 
dustrial siding,  as  provided  by  subsection  five  of  §  1097  of 
the  Revisal  of  one  thousand  nine  hundred  and  five,  power 
is  hereby  conferred  upon  such  railroad  company  to  exercise 
the  right  of  eminent  domain  for  such  purpose,  and  to  con- 
demn property  in  the  manner  and  under  the  rules  provided 
by  law  for  condemnation  of  property  by  railroad  companies 
generally,  and  acquire  such  right  of  way  as  may  be  neces- 
sary to  carry  out  the  orders  of  the  North  Carolina  Corpora- 
tion Commission. 

Use  of  streets  in  constructing  siding.  §  2.  That  when- 
ever it  is  necessary  for  any  railroad  company  doing  busi- 
ness in  the  State  of  North  Carolina  to  cross  a  street,  or 
streets.  In  a  town  or  city,  in  order  to  carry  out  the  orders 
of  the  North  Carolina  Corporation  Commission,  to  construct 
an  industrial  siding,  the  power  is  hereby  conferred  upon 
such  railroad  company  to  occupy  such  street  or  streets  of 
any  such  town  or  city  within  the  State  of  North  Carolina; 
provided,  license  so  to  do  be  first  obtained  from  the  board 
of  aldermen.  Board  of  commissioners,  or  other  governing 
authorities  of  such  town  or  city. 

Jn  effect  forthioith.  §  3.  That  this  Act  shall  be  In  force 
from  and  after  its  ratification. 

Ratified  this  the  eighth  day  of  March,  A.  D.  1911. 

TRACK  OBSTRUCTION  A  FELONY. 
The  general  assembly  of  North  Carolina  do  enact: 

Injuring  or  obstructing  railroads,  felony.  §  1.  That  sec- 
tion 3754  of  the  Revisal  of  1905  be  and  the  same  is  hereby 
amended  as  follows:  By  striking  out  the  word  "misde- 
meanor," in  line  twelve  of  said  section,  and  insert  in  lieu 
thereof  the  word  "felony." 


1024 


National  Association  of  Eailway  Commissioners 


Section  2.  All  laws  and  clauses  of  laws  in  conflict  with 
this  Act  are  hereby  repealed. 

Section  3.  That  this  Act  shall  he  in  force  from  and 
after  its  ratification. 

Ratified  this  the  eighth  day  of  March,  A.  D.  1911. 

HOURS  OF  SERVICE. 
The  general  assembly  of  North  Carolina  do  enact: 

Section  1.  That  chapter  456  of  the  Public  Laws  of  one 
thousand  nine  hundred  and  seven  be  and  the  same  is 
hereby  repealed. 

Sixteen  hours  limit  of  continuous  service.  §  2.  That  it 
shall  be  unlawful  for  any  common  carrier,  its  officers  or 
ployes,  subject  to  this  Act.  to  be  or  remain  on  duty  for  a 
longer  period  than  16  consecutive  hours,  and  whenever  any 
such  employe  of  such  common  carrier  shall  have  been  con- 
tinuously on  duty  for  16  hours  he  shall  be  relieved  and  not 
required  or  permitted  again  to  go  on  duty  until  he  has  had 
at  least  10  consecutive  hours  off  duty;  and  no  such  em- 
ploye who  has  been  on  duty  16  hours  in  the  aggregate  in  any 
24-hour  period  shall  be  required  or  permitted  to  continue  or 
again  go  on  duty  without  having  had  at  least  eight  consecu- 
tive  hours  off  duty;  provided,  that  no  operator,  train  dis- 
patcher, or  other  employe  who  by  the  use  of  the  telegraph  or 
telephone  dispatches  reports,  transmits,  receives,  or  delivers 
orders  pertaining  to  or  affecting  train  movements  shall  be 
required  or  permitted  to  be  or  remain  on  duty  for  a  longer 
period  than  nine  hours  in  any  24-hour  period  in  all  towers, 
olfices,  places,  and  stations  continuously  operated  night  and 
day,  nor  for  a  longer  period  than  13  hours  in  all  towers, 
ofiices,  places,  and  stations  operated  only  during  the  day- 
time, except  in  case  of  emergency,  when  the  employes 
named  in  this  proviso  may  be  permitted  to  be  and  remain 
on  duty  for  four  additional  hours  in  a  24-hour  period  on 
not  exceeding  three  days  in  any  week;  provided,  further, 
the  corporation  commission  may,  after  full  hearing  in  a 
particular  case  and  for  good  cause  shown,  extend  the  period 
within  which  a  common  carrier  shall  comply  with  the  pro- 
visions of  this  proviso  as  to  such  case. 

Penalty  for  violation  of  Act — Procedure.  §  3.  That  any 
such  common  carrier,  or  any  officer  or  agent  thereof,  re- 
quiring or  permitting  any  employe  to  go,  be,  or  remain  on 
duty  in  violation  of  the  second  section  hereof  shall  be  lia- 
ble to  a  penalty  of  not  to  exceed  $500  dollars  for  each  and 
every  violation,  to  be  recovered  in  suit  or  suits  to  be 
brought  in  the  name  of  the  State  of  North  Carolina  on  rela- 
tion of  the  corporation  commission  in  the  Superior  Court 
of  Wake  county  or  of  the  county  in  which  the  violation  of 
this  Act  occurred;  and  it  shall  be  the  duty  of  the  said  cor- 
poration commission  to  bring  such  suits  upon  satisfactory 
information  lodged  with  it;  but  no  such  suit  shall  be 
brought  after  the  expiration  of  one  year  from  the  date  of 
such  violation;  and  it  shall  be  the  duty  of  the  said  cor- 
poration commission  to  lodge  with  the  proper  solicitors  in- 
formation of  any  such  violations  as  may  come  to  its  knowl- 
edge. In  all  prosecutions  under  this  Act  the  common  car- 
rier shall  be  deemed  to  have  had  knowledge  of  all  acts  of 
all  its  officers  and  agents;  provided,  that  the  provisions  of 
this  Act  shall  not  apply  in  any  case  of  casualty  or  unavoid- 
able accident  or  the  Act  of  God;  nor  where  the  delay  was 
the  result  of  a  cause  not  known  to  the  carrier  or  its  officer 
or  agent  in  charge  of  such  employe  at  the  time  said  employe 
left  a  terminal,  and  which  could  not  have  been  foreseen; 
provided,  further,  that  the  provisions  of  this  Act  shall  not 
^pply  to  the  crews  of  wrecking  or  relief  trains;  provided, 
further,  this  Act  shall  not  be  construced  to  impose  a  pen- 
alty upon  any  common  carrier  for  any  act  done  in  viola- 
tion of  the  Act  of  Congress,  ratified  March  the  4th,  1907, 
and  entitled  "An  Act  to  promote  the  safety  of  employes  and 
travelers  upon  railroads  by  limiting  the  hours  of  service 
of  employes  thereon,"  or  any  Acts  amendatory  thereof. 

Corporation  commission  to  enforce  Act.  §  4.  That  it 
shall  be  the  duty  of  the  corporation  commission  to  execute 
and  enforce  the  provisions  of  this  Act,  and  all  powers 
granted  to  the  corporation  commission  are  hereby  extended 
to  it  in  the  execution  of  this  Act. 

In  effect  forthwith.  §  5.  That  this  Act  shall  be  In  force 
from  and  after  its  ratification. 

Ratified  this  6th  day  of  March,  A.  D.  1911. 

STATE  INTEREST  IN  RAILROADS. 
The  general  assembly  of  North  Carolina  do  enact: 

Mortgage  or  incumbrance  forbidden — Exception.  {  1. 
That  no  corporation  of  company  in  which  the  State  has  or 


owns  any  stock  or  any  Interest  shall  sell,  lease,  mortgage, 
or  otherwise  encumber  its  franchise,  right  of  way,  or  other 
property,  except  by  and  with  the  approval  and  consent  of 
the  board  of  internal  improvements  and  tlie  council  of 
State. 

Appropriation.  §  2.  That  for  the  better  safeguarding 
of  the  State's  interest  in  railroads,  turnpikes,  and  other 
■works  of  internal  improvements  and  institutions  in  which 
the  State  has  an  interest,  and  buildings  in  their  charge, 
the  State  treasurer  is  authorized  and  directed  to  place  the 
sum  of  $3,500  dollars  annually  for  two  years  to  the  credit 
of  the  board  of  internal  improvements,  and  the  said  sum 
is  hereby  appropriated  for  that  purpose  out  of  any  funds 
not  otherwise  appropriated,  to  be  paid  on  the  warrant  of 
the  governor. 

Repeal.  §  3.  That  all  laws  and  clauses  of  laws  in  con- 
flict with  this  Act  are  hereby  repealed. 

In  effect  forthwith.  §  4.  That  this  Act  shall  be  in  force 
from  and  after  its  ratification. 

Ratified  this  the  6th  day  of  March,  A.  D.  1911. 


I 


CHAPTER  113,  ACTS  OF  1911. 

An  Act  to  protect  the  property  of  telephone  and  telegi 

companies. 
The  general  assembly  of  North  Carolina  do  enact: 

Unauthorizing  tapping  or  connections  forbidden.  I  1. 
That  it  shall  be  unlawful  for  any  person  to  cap  or  mi.ke 
any  connection  with  any  wire  or  apparatus  of  any  tile- 
phone  or  telegraph  company  operating  in  this  State,  except 
such  connection  as  may  be  authorized  by  the  persons  or 
corporation  operating  such  wire  or  apparatus,  and  any  i  ar- 
son violating  any  of  the  provisions  of  this  Act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
not  more  than  $10  or  imprisoned  not  more  than  10  dj 
tor  each  offense.  j 

Separate  offenses.     §  2.    That  each  day's  continuancf 
such  unlawful  connection  shall  be  a  separate  offense.     ; 

In  effect  forthwith.     §  3.     That  this  Act  shall  be 
force  from  and  after  its  ratification. 

Ratified  this  the  6th  day  of  March,  A.  D.  1911. 


led 

I 


MILEAGE. 


4 

ip- 

1 


An  Act  to  require  the  railroads  of  North  Carolina  to  s  ip- 

ply  additional  facilities  at  depots  to  exchange  miles  j 
The  general  assembly  of  North  Carolina  do  enact:         i 

Ticket  windows  at  stations.  §  1.  That  all  railroad  0(  i 
panies  of  100  miles  or  more  in  length  doing  business  In" 
whole  or  in  part  in  the  State  of  North  Carolina  are  hert  by 
required  to  provide  and  keep  at  all  depots  in  cities  or 
towns  of  2,000  and  over  in  population  as  fixed  by  ■  h« 
United  States  Census  of  the  year  1910,  two  windows,  op  jn- 
ing  in  the  waiting-room  for  passengers  of  the  race  us  ng 
the  greatest  amount  of  mileage  or  coupon  books,  for  he 
sale  or  exchange  of  fares  on  all  passenger  trains  in  No  th 
Carolina;  one  of  said  windows  to  be  used  for  the  sale  of 
cash  fares  exclusively,  and  the  other  for  the  sale  and  3X- 
change  of  mileage  or  coupon  books.  Each  window  to  be 
attended  by  an  agent  whose  duty  it  shall  be  to  wait  uj  on 
the  traveling  public,  during  the  hours  now  prescribed,  'or 
the  sale  of  cash-fare  tickets  and  the  sale  and  exchange  of 
mileage  or  coupon  books.  And  that  over  each  such  window 
the  said  railroad  companies  shall  be  and  they  are  hen  by 
required  to  place  and  keep  a  sign,  painted  in  plain  lettf  rs, 
"Mileage  Exchange"  and  "Cash  Fares,"  respectively;  jro- 
vided,  that  the  provisions  of  this  Act  shall  not  apply  to 
any  railroad  company  in  North  Carolina,  as  aforesi  id, 
selling  mileage  or  coupon  books  at  a  rate  of  not  more  tl  an 
2  cents  per  mile  and  pulling  or  taking  the  same  on  he 
train;  provided  further,  that  all  the  provisions  of  this  sec- 
tion shall  apply  to  the  following  railroad  junctions  In  ' 
State,  irrespective  of  population,  namely:  Dunn,  Se| 
Maxton,  Hamlet,  Norlina,  and  Sanford. 

Corporation  commission  may  extend  provisions  of 
§  2.  That  the  Corporation  Commission  of  North  Carolina 
shall  upon  complaint,  and  in  its  discretion,  apply  the  iro- 
visions  of  §  1  of  this  Act  to  railroad  junctions  in  this  State 
not  named  in  the  proviso  of  §  1  of  this  Act,  and  to  cities  or 
towns  of  less  than  2,000  population;  and  said  corporation  com- 
mission may  in  like  manner  take  out,  in  Us  discretion,  cltlea 
or  towns  of  over  2,000  population;  and  when  the  said  pro- 
visions of  §  1  of  this  Act  are  so  applied  by  said  corporation 
commission,  then  all  the  provisions  of  this  Act  shall  apply 


5  sec- 

'M 


Public  Service  Laws 


1025 


to  all  the  said  railroads,  and  they  shall  be  subject  to  all 
such  penalties  as  are  herein  provided  for  failure  to  comply 
with  this  Act. 

Penalty  on  railroad  company  Jailing  to  comply  with 
Act.  §  3.  Any  railroad  company  falling  to  comply  in  good 
faith  with  the  provisions  of  this  Act  shall  be  liable  to  a 
penalty  of  ?50  per  day  for  each  city  or  town  where  such 
failure  occurs  covered  by  the  provisions  of  this  Act,  or 
taken  in  by  the  corporation  commission  as  herein  provided, 
to  be  recovered  by  any  citizen  demanding  cash-fare  or 
mileage  tickets  at  any  depot  in  any  town  In  this  State, 
within  the  provisions  of  this  Act,  in  an  action  brought 
by  any  such  passenger. 

Baggage.  §  4.  Any  legal  holder  of  any  such  mileage- 
book  shall  be  privileged  to  have  his  baggage  checked  be- 
fore the  exchange  of  mileage  for  a  ticket  entitling  such 
holder  to  transportation  upon  the  surrender  ot  the  baggage 
Blip  forming  a  part  of  such  mileage-book  for  the  requisite 
number  of  miles  and  the  payment  of  all  proper  excess 
baggage  charge. 

M^hen  Act  elective.  §  5.  That  this  Act  shall  be  in  full 
force  and  effect  from  and  after  the  first  day  of  May,  1911. 

Ratified  this  the  eighth  day  of  March,  A.  D.  1911. 

Preamble.  Whereas,  the  present  general  assembly  has 
enacted  a  law  which,  among  other  provisions,  requires 
railroad  companies  to  check  baggage  upon  presentation 
of  mileage  books  and  the  removal  therefrom  of  the 
baggage  slips,  but  as  provided  in  said  Act  there  is  no 
method  by  which  the  convenience  of  the  public  can  be 
protected  and  the  rights  of  the  railroad  companies  safe- 
guarded; and  whereas  It  is  desirable  that  reasonable 
regulations,  with  regard  to  both  of  said  purposes,  shall 
be  provided,  to  be  put  into  effect  on  the  first  day  of 
May,  1911,  when  the  said  Act  shall  go  into  effect;  now, 
therefore. 
The  general  assembly  of  North  Carolina  do  enact: 

Corporation  commission  to  promulgate  rules  and  regu- 
lations for  checking  baggage  on  mileage  books.  §  1.  That 
the  corporation  commission  is  hereby  empowered  and 
lirected  to  take  into  consideration  §  4  of  the  present 
Act  of  the  general  assembly  referred  to  in  the  preamble 
3f  this  Act,  and  promulgate  such  rules  and  regulations, 
with  regard  to  checking  baggage  on  mileage  tickets,  as 
in  the  opinion  of  the  said  corporation  commission  shall 
be  necessary  and  proper  to  safeguard  and  protect  both 
the  convenience  of  passengers  and  the  rights  of  railroad 
3ompanies,  and  the  said  rules  and  regulations  of  the  said 
corporation  commission,  when  so  promulgated,  shall 
lave  the  same  force  and  effect  as  if  the  said  regulations 
were  a  part  of  §  4  of  said  Act. 

§  2.  The  corporation  commission  shall  formulate  and 
[)romulgate  the  said  rules  on  or  before  the  fifteenth  day 
)f  April,  and  the  railroad  companies  shall,  after  the  first 
lay  of  May,  check  baggage  upon  such  mileage  In  ac- 
'ordance  with  the  rules  and  regulations  which  shall  be 
so  promulgated. 

In  effect  forthwith.  |  3.  This  Act  shall  be  In  force  from 
md   after   its  ratification. 

Ratified   this,   the   eighth   day   of  March,  A.  D.    1911. 

WLES  OF  PRACTICE  IN  CASES  AND  PROCEEDINGS 

BEFORE  THE  COURT  OP  THE  NORTH  CAROLINA 

CORPORATION  COMMISSION. 

PUBLIC   SESSIONS. 

1.  The  general  sessions  of  the  court  for  the  hearing 
)f  contested  cases  will  be  held  at  its  office  in  the  agri- 
mltural  building,  Raleigh,  N.  C,  on  the  first  Wednesday 
)f  each  month  at  11  o'clock  a.  m.  When  special  sessions 
ire  held  at  other  places  such  regulations  as  may  be 
lecessary  will  be  made  by  the  court. 

PARTIES. 

2.  Where  a  complaint  concerns  anything  done  or 
)mitted  to  be  done  by  only  a  single  carrier,  no  other 
leed  be  made  a  party,  but  if  it  relates  to  joint  tariffs, 
>r  matters  in  which  two  or  more  carriers  doing  busi- 
less  under  a  common  control,  management  or  arrange- 
nent  for  a  continuous  carriage  or  shipment  are  Inter- 
'Sted,  all  the  carriers  constituting  such  line  must  be 
nade    parties.      A    complaint    may    embrace    several    car- 


riers, or  lines  of  carriers,  operated  separately  In  the 
same  proceeding  when  the  subject  matter  of  the  com- 
plaint involves  substantially  the  same  alleged  violation 
of  the  law  by  the  several  carriers  or  lines.  Persons  or 
carriers  not  parties  may  apply,  in  any  pending  case  or 
proceeding,  for  leave  to  intervene  and  to  be  heard  upon 
the  questions  involved. 

GENERAL  RULES. 

PBOCEEDINGS  BEFORE  THE  COURT. 

3.  All  petitions  and  complaints  made  before  the  court 
for  redress  of  alleged  grievances  must  plainly  and  dis- 
tinctly set  forth  the  grounds  of  complaint,  the  items 
being  numbered  and  objections  all  set  forth  in  writing. 
In  like  manner  all  defenses  must  be  distinctly  set  forth 
in  writing,  and  the  items  numbered  as  above  stated. 
These  specifications,  whether  of  complaint  or  defense, 
may  be  accompanied,  if  the  parties  desire,  by  an  ex- 
planation or  argument,  or  by  any  suggestion  as  to  the 
proper  remedy  or  policy,  and  may  be  verified  by  the 
afl^idavit  of  the  party  complaining  or  petitioning,  taken 
before  any  person  authorized  to  administer  oaths  in 
North  Carolina,  and  when  the  complaint  or  petition  is 
verified,  then  the  answer  thereto  shall  be  verified,  and 
the  verification  shall  conform  to  the  rules  prescribed  in 
The  Code  of  North  Carolina  for  the  verification  of 
pleadings.  The  parties  may  also  be  heard  in  person  or 
by  attorney,  or  by  written  argument,  upon  such  written 
statement  being  first  filed. 

4.  If  a  carrier  complained  against  shall  deem  the 
complaint  insufllelent  to  show  a  breach  of  legal  duty, 
it  may,  instead  of  filing  an  answer,  serve  on  the  com- 
plainant notice  for  a  hearing  of  the  case  on  the  com- 
plaint; and  in  case  of  the  service  of  such  notice,  the 
facts  stated  In  the  complaint  will  be  taken  as  admitted. 
A  copy  of  the  notice  must  at  the  same  time  be  filed  with 
the  court.  The  filing  of  an  answer  will  not  be  deemed 
an  admission  of  the  sufficiency  of  the  complaint,  but  a 
motion  to  dismiss  for  insufficiency  may  be  made  at  the 
hearing. 

SERVICE  OF  PAPERS. 

5.  Copies  of  notices  or  other  papers  must  be  served 
upon  the  opposite  parties  to  the  proceeding,  personally 
or  by  mail,  and  when  any  party  shall  have  appeared 
by  attorney,  the  service  upon  the  attorney  shall  be  deemed 
proper  service  upon  the  party.  If  party  so  notified  shall 
fail  to  answer  within  10  days  after  such  notice,  then  the 
court  in  its  discretion  may  grant  the  relief  demanded. 

AMENDMENTS. 

6.  Upon  application  by  any  petitioner  or  party, 
amendments  may  be  allowed  by  the  court,  in  its  discre- 
tion, to  any  petition,  answer  or  other  pleading  in  any 
proceeding  before  the  commission. 

ADJOURNMENT    AND    EXTENSION    OF   TIME. 

7.  Adjournment  and  extension  of  time  may  be  granted 
upon  the  application  of  parties  in  the  discretion  of  the 
court. 

STIPULATIONS. 

8.  Parties  to  cases  and  proceedings  before  the  court 
may.  by  stipulation,  duly  signed  by  them  and  filed  with 
the  secretary,  agree  upon  the  facts  or  any  portion  of  the 
facts,  they  deem  to  be  involved  in  the  controversy, 
which  agreed  statement  shall  be  regarded  and  used  as 
evidence.  It  is  desirable  that  the  facts  be  thus  agreed 
upon  whenever  practicable. 

HEARINGS. 

9.  Upon  issue  being  joined  by  the  service  of  answer, 
the  court  will  assign  a  time  and  place  for  hearing  the 
same,  which  will  be  at  its  office  in  Raleigh,  N.  C,  at 
its  regular  session,  unless  otherwise  ordered.  Witnesses 
will  be  examined  orally  before  the  court,  unless  testi- 
mony be  taken  or  facts  agreed  upon  as  otherwise  pro- 
vided in  these  rules.  The  petitioner  or  complainant 
must  in  all  cases  prove  the  existence  of  the  facts  al- 
leged to  constitute  a  violation  of  the  Act,  unless  the 
carrier  complained  of  shall  admit  the  same,  or  shall 
fail  to  answer  the  complaint.  Facts  alleged  in  the 
answer  must  also  be  proved  by  the  carrier,  unless  ad- 
mitted by  the  petitioner.  In  cases  of  failure  to  answer, 
the  court  will  take  such  proof  of  the  charge  as  may  be 


1026 


National  Association  of  Railway  Commissioners 


deemed  reasonable  and  proper,  and  make  such  order 
thereon  as  the  circumstances  of  the  case  appear  to 
•equlre. 

WITNESSES  AND  DEPOSITIONS. 

10.  Subpoenas  requiring  the  attendance  of  witnesses 
will  be  issued  by  any  member  of  the  court  in  all  cases 
and  proceedings  before  it,  and  witnesses  will  be  required 
to  obey  the  subpoenas  served  upon  them  requiring  their 
attendance  or  the  production  of  any  books,  papers,  tariffs, 
contracts,  agreements  or  documents  relating  to  any  matter 
under  Investigation  or  pending  before  the  court.  When 
a  subpoena  is  desired  for  the  production  of  books,  papers 
or  other  documentary  evidence,  special  application  must 
be  made  to  the  court  therefor,  specifying  the  documentary 
evidence  desired.  When  a  cause  Is  at  issue  on  petition 
and  answer,  each  party  may  proceed  at  once  to  take  depo- 
sitions of  witnesses  in  the  manner  provided  by  §  1357  of 
The  Code  of  North  Carolina,  and  transmit  them  to  the 
secretary  of  the  commission  without  making  any  applica- 
tion to  or  obtaining  any  authority  from  the  court  for  that 
purpose. 

PROPOSED  FINDINGS  OF  FACT. 

11.  Upon  the  final  submission  of  a  case  to  the  court 
either  party  may  submit  proposed  findings  of  fact  for  the 
consideration  of  the  court,  which  findings  must  embrace 
only  the  material  facts  of  the  case  supposed  to  be  estab- 
lished by  the  testimony. 


12.  Each  railroad  company  doing  business  within  the 
State  of  North  Carolina  shall  file  in  the  office  of  the  court 
quarterly  reports  showing  in  detail  statement  of  freight 
and  passenger  earnings,  operating  expenses,  etc.,  on  such 
forms  as  may  be  prescribed  from  time  to  time  by  the  court. 

RULES  GOVERNING  TRANSPORTATION  OP 
PASSENGERS. 

1.  That  all  common  carriers  subject  to  the  supervision 
of  the  corporation  commission  shall  provide  such  means 
or  appliances  as  may  be  necessary  to  secure  the  careful 
handling  of  and  to  prevent  Injury  to  any  parcel  of  baggage 
to  which  a  check  may  be  affixed,  as  provided  by  law.  That 
at  all  minor  stations,  where  no  proper  appliances  are  sup- 
plied and  no  regular  depot  hand  is  employed,  the  t_rain 
hands  shall  be  required  to  assist  the  baggage  master,*and 
lift  with  care  all  baggage  from  the  car  doors. 

2.  All  railroad  companies,  in  addition  to  the  usual  bell 
cord,  shall  place  a  safety  cord  in  each  coach  of  the  regular 
passenger  trains,  running  through  the  entire  length  of  the 
same. 

3.  It  shall  be  the  duty  of  the  Pullman  Car  Company, 
at  all  stations,  on  the  stopping  of  trains,  to  have  the  doors 
of  their  cars  open  for  the  reception  of  passengers  and 
require  the  porter  to  have  a  step  ready  for  the  convenience 
of  passengers  desiring  to  enter. 

4.  It  shall  be  the  duty  of  every  railway  company  op- 
erating a  railroad  in  this  State  to  place  a  bulletin  board 
In  a  conspicuous  pl^ce  at  each  of  its  ticket  offices,  upon 
which  shall  be  bulletined  the  time  that  each  train,  upon 
which  passengers  are  hauled,  is  due  to  arrive  and  depart 
under  its  published  schedule.  It  shall  also  be  the  duty  of 
each  railway  company,  at  each  telegraph  station  upon  Its 
line,  30  minutes  before  the  time  that  Its  said  trains  are 
due  to  arrive  at  such  station,  to  bulletin  the  fact  upon  said 
board  as  to  whether  said  train  Is  on  time  or  not,  and  If  be- 
hind schedule  time,  to  state,  as  nearly  as  can  be  approx- 
imated, the  time  It  is  behind;  and,  whenever  there  is  any 
Indefinite  delay  of  any  passenger  train,  it  shall  be  the 
duty  of  the  railroad  company  to  cause  to  be  bulletined  at 
all  of  such  stations  the  cause  of  such  delay,  and  the  prob- 
able continuation  thereof,  and  the  passengers  aboard  such 
train  shall  also  be  informed  of  the  probable  delay;  it  shall 
also  be  the  duty  of  the  railroad  company  to  cause  its 
bulletins  of  all  delayed  trains  to  be  corrected  from  time  to 
time  as  the  entries  thereon  can  be  ascertained  by  them  to 
be  incorrect.     (Circular  No.  79.) 

RULES  GOVERNING  THE  TRANSPORTATION  OP 
FREIGHT. 

1.  All  connecting  railroads,  which  are  under  the  man- 
agement and  control,  by  lease,  ownership  or  otherwise,  of 
one  and  the  same  company,  shall,  for  purposes  of  trans- 
portation, In  applying  this  tariff,  be  considered  as  con- 
Btltuting  but  one  and  the  same  road,  and  the  rates  shall  be 


computed  as  upon  parts  of  one  and  the  same  road,  unless 
otherwise  specified. 

DISTANCES. 

2.  Since  a  separate  rate  cannot  be  conveniently  given 
for  every  possible  distance,  the  law  authorizes  the  com- 
mission "to  ascertain  what  shall  be  the  limits  of  longer 
and  shorter  distances."  Five  miles  has,  accordingly,  been 
fixed  as  the  limit  for  a  change  of  freight  rates  for  all  dis- 
tances less  than  100  miles;  and  10  miles  for  all  distances 
over  100  miles.  The  commissioners  reserve  the  right, 
however,  to  correct  the  charge  in  extreme  cases  which 
work  hardship,  although  the  same  may  not  violate  the 
letter  of  our  rules. 

3.  For  all  distances  over  five  miles  and  under  100 
miles,  the  following  rule  will  apply:  When  the  mileage 
does  not  end  in  0  or  5  the  nearest  mileage  so  ending 
shall  govern  the  rate.  Illustration:  For  a  distance  of  27 
miles  charge  for  25  miles,  for  a  distance  of  28  miles  charge 
for  30  miles. 

4.  .  When  freight  is  transported  any  distance  greater 
than  100  miles,  if  the  mileage  does  not  end  in  0,  then 
next  10  miles  group  above  shall  govern  the  rate.  Illus- 
tration:    For  121  miles  charge  for  130. 

5.  For  distance  under  20  miles  or  over  250  miles  a 
reduction  of  rates  may  be  made  without  making  a  charge 
at  all  stations  short  of  250  miles;  provided,  however,  that 
when  any  railroad  shall  make  a  reduction  of  rates  'or 
distances  over  250  miles,  the  same  shall  apply  to  slmi  ar 
distances  on  all  the  roads  controlled  by  the  same  com- 
pany, and  in  no  case  shall  more  be  charged  for  a  less  than 
a  greater  distance. 

BE0UI.ATI0NB   CONCERNING  FREIGHT  BATES. 

6.  The  freight  rates  prescribed  by  the  commission  i  re 
maximum  rates,  which  shall  not  be  transcended  by  the 
railroads.  They  may  carry,  however,  at  less  than  the  pre- 
scribed rates;  provided,  that  if  they  carry  for  less  for  cue 
person,  they  shall  for  the  like  service  carry  for  the  sa  ae 
lessened  rate  for  all  persons  except  as  mentioned  here- 
after; and  if  they  adopt  less  freight  rates  from  one  s:a- 
tion,  they  shall  make  a  reduction  of  the  same  per  cent  at 
all  stations  along  the  line  of  the  road,  so  as  to  make  ao 
unjust  discrimination  as  against  any  person  or  locall  .y. 
But  when  there  are  between  any  two  points  in  this  St  te 
two  or  more  competing  roads  not  under  the  same  mana  ;e- 
ment  or  In  the  same  system,  then  the  longer  line  or  lin  !s. 
In  order  to  give  said  points  the  benefit  of  competition,  n  ly 
reduce  the  rates  between  said  two  points  below  the  sta  id- 
ard  tariff,  without  making  a  corresponding  reduction  at  ill 
stations  along  the  lines  of  said  roads;  provided,  said  .'•e- 
ductlon  shall  not  make  the  rates  less  than  the  standi  rd 
tariff  rates  for  the  shortest  line  between  said  points ;  p  po- 
vlded  further,  that  before  taking  effect  the  proposed  chai  ge 
of  rates  shall  be  submitted  to  and  approved  by  the  c(  m- 
mission.  When  any  special  rate  is  made  it  shall  be  s  ib- 
mitted  to  the  commission  for  approval,  and  such  spe<  ial' 
rates  shall  not  be  withdrawn  without  30  days'  notice  to  he 
commission. 

7.  The  rates  charged  for  freight  service  by  regular 
passenger  trains  may  be  one  and .  a  half  times  that  for 
first-class  freight  by  ordinary  freight  trains. 

8.  No  railroad  company  shall,  by  reason  of  any  con- 
tract with  any  express  or  other  company,  decline  or  re- 
fuse to  act  as  a  common  carrier,  to  transport  any  article 
proper  for  transportation  by  the  train  for  which  it  is  < 
offered. 

9.  Minimum  charge  for  single  shipments.  See  Ciicu- 
lar  No.  30. 

10.  No  railroad  company  doing  business  within  this 
State  shall  permit  a  blockade  of  any  class  of  freight  on 
account  of  any  arrangement  existing  between  it  and  otser 
railroad  companies  as  to  the  transportation  of  freight  ac- 
cording to  percentage  or  otherwise. 

11.  There  shall  be  no  secret  reduction  of  rates,  nor 
shall  any  bonus  be  given,  or  any  rebate  paid  to  any  •)er- 
son,  but  the  rates  shall  be  uniform  to  all,  and  public. 

EXTRA   HANDLING. 

12.  The  rates  specified  for  ores,  sand,  clay,  rough  stone, 
common  brick,  bone,  lumber,  shingles,  laths,  staves,  empty 
barrels,  wood,  straw,  shucks,  hay,  fodder,  corn  in  ear,  tan 
bark,  turpentine,  rosin,  tar,  household  goods,  are  maximum 
rates,  but  the  roads  are  left  free  to  reduce  them  at  dis- 
cretion, and  all  such  rates  are  exempt  from  the  operation 
of  Rule  6.  All  complaints  as  to  such  rates  will,  on  pre- 
sentation, be  duly  considered. 


i>                                                                    Pdblio  Sebtioe  Laws  1037 

13.  When  railroad  companies  are  required  to  load  or  is  lowered  by  a  percentage,  railroad  companies  which  are 
unload  carload  shipments  of  classes  L,  M,  N,  O  and  P,  or  allowed  an  increase  on  the  standard  tariff  shall  apply  the 
to  load  carload  shipments  of  naval  stores,  the  actual  cost  increase  allowed  to  the  reduced  classification;  but  in  caies 
of  such  service  shall  be  paid  by  shippers.  in  which  the  classification  of  any  article  is  raised  bj  per- 

14.  The  charge  for  handling  extra  heavy  articles  may  centage,  railroad  companies  which  are  allowed  an  increase 
be  as  follows,  viz:  on  the  standard  tariff  shall  not  apply  said  Increase  to  the 
Under  2,000  pounds,  no  charge  for  extra  handling.  already  increased  classification,  but  only  to  the  standard 
For  2,000  lbs.  and  under  3,000  lbs $  3  for  extra  handling  tariff. 

For  3,000  lbs.  and  under  4,000  lbs 5  for  extra  handling  22.     When  any  article  is  too  bulky  to  put  in  a  box  car, 

For  4,000  lbs.  and  under  5,000  lbs. . . .     7  for  extra  handling  it  shall  be  subject  to  special  contract. 

For  5,000  lbs.  and  under  6,000  lbs 8  for  extra  handling  23.     A  ton  of  all  articles  is  2,000  pounds.    A  carload  is 

For  6,000  lbs.  and  under  7,000  lbs 10  for  extra  handling  20,000  pounds  unless  otherwise  specified.    For  loads  above 

For  7,000  and  over,  in  proportion.  20,000  pounds,  pro  rata  at  carload  rates  charged.     A  car- 
load of  green  wood  is  eight  cords.    A  carload  of  dry  wood 

FERTILIZER.  jg  jjjjjg  cords.     A  carload  of  lumber    (and  all  articles  em- 

15.  This  term  embraces  the  following  and  like  articles,  braced  in  lumber)  is  24,000  pounds.  A  carload  of  any 
when  intended  to  be  used  as  fertilizers:  Ammonia  sul-  article  enumerated  in  Class  P,  except  wood  and  lumber 
phate,  bone  black,  bones  ground  or  dissolved,  castor  pom-  and  articles  Included  in  lumber,  is  25,000  pounds,  shippers 
ace,  or  fish  scrap,  guanos,  alto  vella,  fish,  Navassa,  Navassa  to  load  and  unload. 

lump,  Peruvian  soluble  pacific,  nitrate  cake,  plaster  of  24.  All  depots  situated  in  incorporated  towns  and  cities 
paris,  potash — German  salts  of,  muriate  of,  sulphate  of —  in  this  State  must  be  kept  open  each  day  (Sundays  ex- 
salt  cake,  lump  and  ground  phosphate,  soda — nitrate  of  and  cepted)  for  the  receiving  and  delivery  of  freight,  as  fol- 
Bulphate  of — tank  stuff,  etc,  lows:  Prom  April  1  to  September  30,  between  the  hours  of 
For  5,000  lbs.  and  under  6,000  lbs $8  for  extra  handling  7  a.  m.  and  6  p.  m.    From  October  1  to  March  31,  7:30  a.  m. 

16.  Vehicles  designed  for  transportation  at  carrier's  and  5  o'clock  p.  m.,  with  an  intermission  in  each  case  of 
risk  must  be  properly  protected  by  the  shipper  with  suf-  one  hour,  from  12  o'clock  m.  to  1  o'clock  p.  m. 

ficient  covering  or  packing   from   all   liabilities  to   Injury  „25-  _  Railroad  companies  whose  lines  do  not  exceed  10 

from  fire   weather   chafing   or  other  injury  miles  in  length  may  charge  from  any  point  on  their  road 

17.  In  no  case  shall  the  amount  collected  on  L.  C.  L,  ^^®  '^^^^  prescribed  for  ten  miles.  Abrogated.  See  Law« 
shipments  exceed  the  charge  per  carload  for  the  same  class  '^  „i  chapter  217. 

of  goods  2^-    When  railroad  rates  are  affected  by  water  competl- 

18     Railroad    companies   are   not   required   to   receive  *'<"!  the  railroads  may  reduce  their  rates  between  points  so 

cotton  or  other  merchandise  and  warehouse  the  same  un-  affected    without    being    required    to    reduce    intermediate 

less  the  articles  offered  are  in  good  shipping  condition,  rates;    provided,  however,  that  if  complaint  is  made  that 

well  prepared  by  the  shipper  with  proper  packing  and  in-  S"ch  competition  rates  unjustly  discriminate  against  other 

telligent,  plain  marking,  and  accompanied  with  orders  for  Peaces  or  persons  the  commissioners  will  investigate  and 

immediate  shipping.  '""^L''  If'^^  '^^^-            ■       .  „   . 

19.  Carload  rates  apply  to  a  shipment  of  a  carload  or  28.  No  common  carrier  shall,  for  any  cause,  subject  any 
more  made  by  one  shipper,  at  one  time,  to  one  and  the  article  of  freight  to  unreasonable  delay  in  receiving,  deliv- 
same  point  of  delivery,  to  the  same  consignee  ering  or  forwarding  the  same  to  its  destination. 

29.    When  a  shipment  is  offered  at  a  point  where  there 

ESTIMATED  WEIGHTS.  are  two  routcs  over  connecting  lines  to  destination  it  shall 

20.  Lumber,  coal,  lime,  brick,  stone  and  all  articles  for  be  the  duty  of  the  railroad  company  making  shipment  to 
which  estimated  weights  are  given  in  classification  (ex-  forward  same  by  the  shortest  route,  unless  the  rate  charged 
cept  live  stock,  ale  and  beer,  and  empty  ale  and  beer  pack-  over  the  longer  route  does  not  exceed  that  of  the  shorter, 
ages,  L.  C.  L.)   will  be  taken  at  actual  weight  when  the  or  unless  otherwise  ordered  by  the  shipper. 

weight  can  be  ascertained,  but  when  the  weight  cannot  be  30.    A  charge  of  no  more  than  |2  per  car  will  be  allowed 

ascertained,   will  be  charged  at  the   following  estimated  'or  switching  or  transferring  a  car  from  any  point  on  any 

weights.     This  is  not  to  interfere,  however,  with  the  duty  road  to  any  connecting  road  or  warehouse  Within  a  space 

!of  receiving  agent  to  weigh,   if  possible,  and  correct  to  of  one  mile  from  starting  point;   over  one  and    not   more 

[actual  weight:  than  two  miles,  $3;  over  two  miles  and  not  over  three  miles, 

TO  BE  USED  WHEN  ACTUAL  WEIGHTS  CANNOT  BE  ASCERTAINED.  *^'  o^^"^?"*  regard  to  Weight  Or  Contents.    .  ,  I  ,  • 

i                                                                                Per  1 000  Feet  When  in  the  transfer  of  a  car  between  said  points 

IWhite  pine  and  poplar,  thoroughly  seasoned 3,000  lbs.'  **  *?  necessary  to  pass  over  the  line  of  any  intermediate 

White  pine  and  poplar,  green 4,000  lbs.  ''°^^  "^  '■°^'^^'  ^^f,  ?'^'''™"™  ?^^''.«'^.i'^.  *!'  ^^  °'"  **'  ^«  ^^^ 

Yellow  pine,  black  walnut,  ash,  seasoned 4,000  lbs.  case  may  be,  shall  be  equitably  divided  between  the  roads 

Yellow  pine,  black  walnut,  ash,  green 4,500  lbs.  'Jv^'^^frV            ,,           •          j     ,      .r.    ^        .        .  ,     ,  , 

Oak,  hickory,  elm,  seasoned. 4,600  lbs.  ^l  .^^^'^  a  charge  is  made  for  the  transfer  of  loaded 

Oak  hickory  elm   green                                              6  000  lbs  '"^'"^  between  said  points  no  additional  charge  shall  be  made 

^Chestnut,    seksoned   ..  .^'.'.'.'^'^'.V^'.'.'.'.V.'.'.'.'.'.'.  imO  lbs!  '"^^i*^  delivery  or  return  of  the  empty  cars. 

All  other  kinds  lumber,  seasoned 4  000  lbs.  ^l'  ^  t"  ^P«°'als  less  than  our  standard  rates  heretofore 

AH  other  kinds  lumber,  green 6  000  lbs.  granted  by  carriers  within  the  junsdiction  of  the  commls- 

iHoop-poIes,  staves  and  heading,  dry,  car  loaded     Per  Car.  ^*°.°'  f°f  ^l^^f"  ^°  "^"^  Ji?'^^)^i  with  the  law  preventing 

;     to  depth  of  50  inches . ...    24,000  lbs.  "°^"^*  discrimination,  until  further  orders,  will  be  enforced. 

Jfloop-poles,  staves  and  heading,  green,  car  loaded     '  posting  tariffs. 

to  depth  of  43  inches 24,000  lbs.  34.     Each  railroad  company  doing  business  within  the 

;3hingles,  green,  per  1,000 350  lbs.  State  of  North  Carolina  shall  post,  and  keep  posted,  at  each 

shingles,  dry,  per  1,000 300  lbs.  of  its  respective  stations  in  a  conspicuous  place  a  copy  of 

I  .aths,  green,  per  1,000 580  lbs.  the  schedules  of  freight  and  passenger  rates  prescribed  for 

^aths,  dry,  per  1,000 430  lbs.  said  road  by  the  commission,  together  with  a  copy  of  the 

ran  bark,  green,  per  cord 2,600  lbs.  commissioner's  classification  and  a  table  of  distances  be- 

ran  bark,  dry,  per  cord 2,000  lbs.  tween  stations,  giving  name  of  each  station.     And  when 

r''ence  posts  and  rails  and  telegraph  poles,  per  any  change  in  said  schedule  of  rates  or  classification  Is 

cord    2,500  lbs.  made,  either  by  the  commission  or  by  any  railroad  com- 

^lay,  per  cubic  yard 3,000  lbs.  pany,  a  copy  of  said  change  shall  be  Immediately  furnished 

land.  per  cubic  yard 8,000  lbs.  the  office  of  the  commissioners  and  shall  also  be  posted  In 

>ravel,  per  cubic  yard 8,200  lbs.  the  same  manner  as  the  above. 

5tone,  undressed,  per  cubic  foot 160  lbs.  35.  The  rates  prescribed  by  the  commission  shall  (ex- 
Mime,  per  bushel   80  lbs.  cept  in  cases  specified)  apply  in  either  direction. 

:^al,  per  bushel 80  lbs.  36.    An  allowance  of  500  pounds  per  car  will  be  made 

^oke,  per  bushel 40  lbs.  for  weight  of  standards,  strips  and  supports  of  carload  ship- 

^rtland  cement,  per  barrel 400  bis.  ments  of  lumber  loaded  on  flat  or  gondola  cars,  but  in  no 

Hher  cements,  per  barrel ■. 300  lbs.  case  must  less  than  the  minimum  carload  weight  specified 

21.  In  cases  In  which  the  classlflcatlon  of  any  article  In  tariffs  be  charged  for  on  each  car.    In  computing  freight 

l\ 


1028 


National  Association  of  Railway  Commissioners 


charges  under  this  rule,  agents  will  deduct  500  pounds  from 
the  gross  weight  of  each  carload,  then  subtract  the  tare 
weight  (the  weight  of  car),  and  extend  freight  charges  on 
basis  of  remainder,  which  is  the  net  weight,  subject  to  the 
minimum  carload  weight  specified  in  tariffs.  (Circular 
No.  58.) 

37.  Shipments  of  freight,  except  articles  classified  first 
class  or  higher,  which  are  not  delivered  at  destination, 
shall  be  returned  between  points  in  this  State  at  one-half 
the  rates  applying  to  the  reverse  direction;  provided,  that 
the  full  amount  of  freight  charges  in  both  directions  shall 
have  been  paid  or  guaranteed  by  owners;  provided,  further, 
that  such  return  is  made  within  90  days  of  arrival  at  desti- 
nation. Billing  for  the  return  shipment  must  show  proper 
reference  to  the  original  billing.  The  foregoing  shall  not 
apply  on  machinery,  agricultural  implements  or  other 
articles  returned  for  repairs;  provided,  however,  that  the 
above  rule  shall  not  operate  to  reduce  the  minimum  charge 
on  single  shipments.     (Circular  No.  59.) 

EXPLANATORY  NOTES. 

In  the  "Commissioner's  Standard  Freight  Tariff,"  under 
the  class  opposite  to  the  distance,  if  it  ends  in  0  (and  if 
not,  then  opposite  the  next  greater  distance),  will  be  found 
the  rate  required. 

Exarnple:  To  find  the  rate  for  247  miles  on  a  box  of 
clothing  weighing  100  pounds,  opposite  the  word  "clothing" 
In  the  classification  is  seen  its  class,  1;  in  the  freight  tariff, 
under  Class  1,  opposite  the  next  greater  distance,  250  miles. 
Is  seen  the  rate,  65  cents;  in  the  column  "miles,"  5  signifies 
5  miles  or  under;  20,  20  miles  or  over  15,  and  so  on. 


EXPLANATION  OF  CHARACTERS. 


stands  for  first  class. 

stands  for  second  class. 

stands  for  third  class. 

stands  for  fourth  class. 

stands  for  fifth  class. 

stands  for  sixth  class. 
1%  stands  for  1%  times  first 

class. 
Dl    stands   for   double   first 

class. 
3T1  stands  for  three  times 

first  class. 
Articles  not  enumerated 
analogous  articles. 


4T1  stands  for  four  times 
first  class. 

A,  B,  C,  D,  E,  F,  H  and  K 
stand  for  classes  A,  B,  C, 
D,  B,  P,  H  and  K  respect- 
ively. 

S  stands  for  special. 

L.  C.  L.  stands  for  less  than 
carload. 

C.  L.  stands  for  carload. 

N.  O.  S.  stands  for  not  other- 
wise specified, 
will  be  classed  with  similar  or 


RULES  FOR  COMPUTING  FRACTIONS. 

When  any  rate  in  any  class  in  the  Standard  Tariff  Is 
raised  or  lowered  by  a  per  cent,  the  following  rules  must  be 
observed : 

First. — If  the  rate  thus  raised  or  lowered  is  in  either  of 
classes  C,  D,  P,  J,  or  K,  the  fraction  of  a  half  cent  must  be 
retained,  as  the  following  examples  will  indicate: 

Example  1. — Standard  rate 6.5 

25  per  cent  added 1.6 

Total    8.1 

From  which  deduct  fraction,  leaving  desired  rate  of  8 

cents. 

Example  2. — Standard   rate 9.5 

20  per  cent  added 1.9 

Total    11.4 

Substituting  5  for  the  fraction,  the  desired  rate  is  11.5 

cents. 

Example  3. — Standard   rate 8.0 

20  per  cent  added 1.6 

Total  9.6 

Substituting  5  for  the  fraction,  the  desired  rate  is  9.5 

cents. 

Example  4. — Standard  rate 5.6 

25  per  cent  added 1.3 

Total  6.8 

Adding  a  unit  instead  of  a  fraction,  the  desired  rate  la 

7  cents. 

Second.    If  the  rate  thus  raised  or  lowered  be  In  any 

other  class  than  those  already  mentioned,  omit  fraotion  of 


less  than  half  a  cent  and  estimate  half  a  cent  or  more  as 
one  cent,  thus: 

Example  1. — Standard  rate 17.0 

20  per  cent  added 3.4 

Total    20.4 

Deducting  the  fraction,  the  desired  rate  is  20  cents. 

Example  2. — Standard  rate 18.0 

20  per  cent  added 3.6 

Total    21.6 

Estimating  the  fraction  as  a  unit,  the  desired  rate  is 
22  cents. 

Third.  In  making  reduction,  observe  the  same  manner 
of  placing  figures  before  deducting  the  percentage. 

Narrow-gauge  railroads,  in  fixing  rates  on  all  freights 
where  a  rate  per  carload  is  given,  will  count  15,000  pounds 
for  a  carload,  and  estimate  their  charge  pro  rata  with  rate 
allowed  on  standard  gauge. 

RULES  GOVERNING  ERECTION  AND  LOCATION  OP 
DEPOTS. 

First.  Prom  and  after  Wednesday,  the  twenty-sixth  clay 
of  April,  1899,  no  change  of  freight  or  passenger  depots  or 
fiag  stations  from  their  present  location,  nor  the  suspenson 
of  the  sale  of  tickets,  or  the  receiving  or  forwarding  of 
freights  from  stations  now  in  use  in  such  purposes,  will  be 
permitted  without  the  consent  of  this  commission  published 
in  accordance  with  law. 

Second.  Application  for  the  location  of  depots  and  ■  he 
construction  of  depot  buildings  must  be  filed  in  the  No  'th 
Carolina  Corporation  Commission  oflice,  with  all  inforiia- 
tion  needed  for  a  full  and  proper  understanding  of  all  int  er- 
ests  to  be  affected  thereby. 

RULES  AND  REGULATIONS  GOVERNING  THE  TRAIJS- 
PORTATION  OF  LIVE  STOCK. 

The  weights  given  below  are  estimated  and  not  actval, 
and  are  used  simply  to  get  the  rating  on  live  stock.  To 
illustrate:  One  horse,  mule  or  horned  animal  is  estimaled 
at  the  same  rate  as  2,000  pounds  of  any  kind  of  seco:  id- 
class  freight  at  carrier's  risk  and  fourth-class  at  own«r's 
risk.  Therefore,  the  freight  charges  for  50  miles  on  <  ne 
horse,  mule  or  horned  animal  is  the  same  as  an  2,(  00 
pounds  of  second-class  freight,  and  would  be,  according  to 
the  standard  tariff,  carrier's  risk,  28  cents  per  100  poun  Is, 
or  $5,  and  at  owner's  risk,  20  cents  per  100  pounds,  or  $4L 

Eaoj.B 

One  horse,  mule  or  horned  animal 2,000  ItflU 

Two  horses,  mules  or  horned  animals 3,500  los. 

Each  additional  horse,  mule  or  horned  animal. .  1,000  l3S. 

Stallions,  jacks  and  bulls 3,000  lbs. 

Yearling  cattle    1,000  1  bs. 

Calves  and  sheep 175  lbs. 

Calves  and  sheep,  in  lots  of — or  more 150  1  bs. 

Lambs 100  1  bs. 

Lambs,  in  lots  of  five  or  more 75  1  bs. 

Hogs    for    market 350  1  bs. 

Pigs  and  stock  hogs 125  lbs. 

Pigs,  hogs,  sheep,  etc.,  boxed j  weUht 

The  rates  on  live  stock  as  given  in  this  tariff  are  baseA 
on  the  following  maximum  valuations: 

Horses  and  mules  not  over $120.00  ea  ch. 

Horned    cattle    not    over 50.00  each. 

Stallions,  jacks  and  bulls  not  over 150.00  each. 

Fat  hogs  and  fat  calves  not  over 15.00  each. 

liambs,  stock  hogs,  stock  calves,  not  over....  5.00  each 
Race  horses,  stallions,  jacks,  bulls  and  other  high-prl;ed 
animals,  when  shippers  are  not  willing  to  have  the  same 
transported  at  above  valuations,  will  be  taken  only  at  the 
following  rates  on  valuation  given: 

Value  from  $150  to  $400  add  to  regular  rate  of  30  per 
cent. 

Value  from  $400  to  $600  add  to  regular  rate  of  40  per' 
cent. 

Value  from  $600  to  $800  add  to  regular  rate  of  60  per 
cent. 

Value  from  $800  to  $1,000  add  to  regular  rate  of  100  per 
cent. 

Over  $1,000  subject  to'  special  rate  by  contract. 

Live  stock  will  be  taken  at  the  released   or  owner's 


Public  Service  Laws 


1029 


risk  rate  only  when  contract  is  executed  by  shipper  and 
station  agent. 

Mixed  shipment  of  cattle,  hogs,  lambs,  etc.,  will  be  taken 
in  carloads  at  carload  rates  for  cattle,  but  carrier  will  be 
released  from  damage  to  animals  caused  by  their  own  acta, 
or  to  each  other,  and  from  escape,  if  not  haltered,  suffoca- 
tion, exhaustion  from  heat  or  cold. 

Sucking  calves  accompanying  cows  will  be  charged 
for  at  rate  for  single  calves. 

Sucking  colts  accompanying  mares  will  be  charged  for 
at  double  the  rate  of  single  calves. 

The  word  "calves"  used  in  these  rules  and  regulations 
applies  only  to  calves  under  nine  months  old,  and  the  word 
"yearling  cattle"  to  cattle  over  nine  months  and  under 
18  months  old. 

Pigs,  hogs,  calves,  etc.,  boxed,  crated,  or  in  portable 
pens,  taken  at  actual  weight,  carrier's  risk,  flrst-clasa; 
owner's  risk,  second-class. 

In  no  case  shall  the  charge  for  less  than  a  carload  of 
live  stock  exceed  the  charge  for  a  carload. 

Shippers  will  be  expected  to  feed,  water  and  care  for 
their  stock  at  their  own  expense.  When  food  Is  furnished 
by  carrier,  a  charge  will  be  made  for  the  same  and  collected 
from  consignee. 

One,  two  or  three  cars  of  live  stock  will  entitle  the 
owner  or  his  agent  to  be  carried  free  to  point  of  destina- 
tion of  consignment,  on  the  train  with  the  stock,  to  care 
for  the  same.  Pour  to  seven  cars  inclusive,  belonging  to 
one  owner,  two  men  in  charge,  and  eight  cars  or  more 
belonging  to  one  owner,  three  men  in  charge,  which  number 
is  the  maximum  number  of  attendants  that  will  be  carried 
free  for  one  shipment. 

Return  transportation  not  given  to  owners,  agents  or 
attendants. 

CIRCULAR  No.  36. 

STORAGE    AND    DEMURRAGE    RULES TIME    LIMIT    FOB    PLACING    Or 

CARS    AND  DELIVERY   OF   FREIGHT — LOC.\L   TRANSFER 
AND    SWITCHING    CHARGES. 

Storage  and  demurrage  may  be  assessed  by  railroad 
companies  on  all  freight  received  for  delivery  in  carload 
lots  or  in  less  than  carload  lots  if  not  removed  in  con- 
formity with  the  following  rules  and  regulations. 

Rule  1.  No  storage  or  demurrage  charges,  however, 
shall  in  any  case  be  allowed  unless  notice  of  the  arrival 
of  goods  has  been  given  to  the  owner  or  consignee  thereof 
by  the  railroad  company,  and  it  shall  be  the  duty  of  such 
railroad  company  to  give  prompt  notice  to  consignee  of  the 
arrival  of  goods,  together  with  the  contents,  weight  and 
amount  of  freight  charges  due  thereon  as  shown  by  way- 
bill, and  when  goods  or  freight  of  any  kind  in  carload 
consignments,  said  notice  must  contain  letters  or  initials 
and  number  of  the  car.  Notice  shall  be  given  by  delivering 
same  in  writing  in  person,  or  by  leaving  same  at  consignee's 
place  of  business  or  by  depositing  it  in  the  post-office. 

Rule  2.  For  storage  of  package  freights  and  all  freight 
less  than  carload,  unloaded  in  depot  or  warehouse,  which 
is  not  removed  by  the  owner  thereof  from  the  custody  of 
the  railroad  company  within  48  hours  (not  including  Sun- 
days and  legal  holidays),  a  charge  of  storage  for  each  day 
or  fraction  of  a  day  that  such  consignment  may  remain  in 
the  custody  of  the  carrier  of  1  cent  per  100  pounds  per 
day,  with  minimum  charge  of  5  cents  for  any  one  package 
or  lot  for  any  one  consignee,  may  be  made;  but  not  more 
than  $1  per  day  for  any  one  consignment  not  in  excess  of 
a  carload. 

Rule  3  (as  amended).  All  carload  freight  taking  track 
delivery  and  such  as  is  to  be  unloaded  by  consignee,  which 
Is  not  unloaded  from  cars  containing  same  within  48  hours 
(not  including  Sundays  and  legal  holidays)  after  the  car 
or  cars  are  placed  accessible  for  unloading,  may  be  sub- 
ject to  a  charge  of  $1  per  car  for  each  day  or  fraction  of 
a  day  that  said  car  or  cars  remain  loaded:  Provided, 
however,  that  72  hours  shall  be  allowed  for  the  unloading 
of  fertilizers,  brick  and  the  following  commodities,  when 
An  bulk  only:  Cottonseed,  cottonseed  hulls,  grain,  lime,  tan 
bark  and  dressed  lumber  in  box  cars.  Fertilizer  material, 
24  hours.  See  Circular  112.  Provided  further,  whenever 
by  reason  of  delays  in  transit  cars  are  bunched  and  morfe 
cars  than  one  are  received  at  same  time,  no  demurrage 
shall  be  made  for  excess  over  one  car:  Provided,  at  least 
one  car  shall  be  unloaded  daily. 

Rule  4.    When  consignors  ship  goods  consigned  to  them- 


selves or  order,  it  shall  be  the  duty  of  the  railroad  company 
to  give  legal  notice  to  such  consignees  or  persons  to  whom 
shipping  directions  order  delivery.  This  notice  may  he 
addressed  by  mail  to  the  consignee  at  point  of  delivery, 
and  demurrage  will  begin  as  in  other  cases  of  notice  by 
mail;  and  the  mailing  of  such  notice  shall  be  sufficient 
notice  in  such  cases,  whether  the  consignee  actually  re- 
ceived the  same  or  not. 

Rule  5.  The  time  allowed  for  removing  freight  before 
storage  or  demurrage  charges  apply  will  be  computed  from 
7  o'clock  a.  m.  of  the  day  following  date  of  notice  (Sun- 
days and  legal  holidays  excepted). 

Rule  6.  A  consignee  living  more  than  5  miles  from  the 
depot,  and  whose  freight  is  destined  to  his  residence  or 
place  of  business  so  located,  shall  not  be  subject  to  stor- 
age or  demurrage  charges  allowed  in  the  above  rules  until 
a  sufficient  time  has  elapsed  after  notice  for  said  con- 
signee to  remove  said  goods  by  the  exercise  of  due  dili- 
gence; provided,  that  in  the  delivery  of  carload  freight 
railroads  will  not  be  required  in  any  case  to  hold  freight 
free  of  demurrage  for  a  longer  period  than  five  days  after 
notice,  except  as  otherwise  provided  in  Rule  2. 

Rule  7.  Where,  upon  the  request  of  an  intending  ship- 
per, the  railroad  company  places  a  car  or  cars  at  a  reason- 
ably accessible  point  on  its  team  tracks  or  on  a  private 
track  designated  by  the  shipper,  free  loading  time  shall 
expire  48  hours  (not  including  Sundays  or  legal  holidays) 
from  the  time  such  car  or  cars  are  so  placed,  and  there- 
after a  demurrage  charge  of  not  more  than  $1  per  car  per 
day  or  traction  of  a  day  may  be  assessed  and  collected  on 
all  such  cars  as  have  not  been  tendered  to  the  railroad 
company  with  shipping  instructions. 

,  Rule  8.  When  any  railroad  company  fails  to  deliver 
freights  at  the  depot  or  to  place  loaded  cars  at  an  acces- 
sible place  for  unloading  within  48  hours  (not  including 
Sundays  and  legal  holidays),  computed  from  7  o'clock  a.  m. 
the  day  after  the  arrival  of  same,  the  shipper  or  consignee 
shall  be  paid  $1  per  day  for  each  day  or  fraction  of  a  day 
said  delivery  is  so  delayed:  Provided,  the  railroad  com- 
pany may  require  the  pavment  of  freight  before  delivery. 

Rule  9.     (Repealed.     See  Laws  1907,  chapter  217,  §  3.) 

Rule  10.     (Repealed.     See  §2632,  Revisal  1905.) 

Rule  11.  Whenever  the  weather  during  the  period  of 
free  time  is  so  severe,  inclement  or  rainy  that  it  is  im- 
practicable to  secure  means  of  removal  or  loading  of 
freight,  or  where  from  the  nature  of  the  goods  removal  or 
loading  would  cau&e  injury  or  damage,  such  time  shall  be 
added  to  the  free  period,  and  no  demurrage  charges  shall 
be  allowed  for  such  additional  time.  This  rule  applies  to 
the  state  of  the  weather  during  business  hours. 

Rule  12.  The  commission  reserves  the  right  to  heap 
and  grant  application  to  suspend  the  operation  of  these 
rules  upon  complaint  of  abuse,  or  whenever  justice  shall 
demand  this  course. 

Rule  13.  Local  Transfer  and  Switching  Charges.  Rail- 
road companies  shall  furnish  shippers  cars  for  loading,  and 
shall  also  accept  from  each  other  cars  loaded  at  ware- 
houses or  side  tracks  of  one  road  for  delivery  at  side  tracks 
or  warehouses  on  the  other  road  within  the  space  of  two 
miles  beyond  the  starting  point.  The  railroad  company 
furnishing  the  car  and  performing  the  initial  movement 
may  charge  $2.50  per  car. 

Rule  14.  When  car  is  destined  to  a  warehouse  on  a 
connecting  line  which  requires  switching,  the  company  so 
receiving  and  delivering  may  charge  $1.50  additional. 

After  car  is  placed  for  loading,  the  shipper  shall  load 
same  within  24  hours  therefrom,  and  consignee  shall,  when 
car  is  placed  for  unloading,  unload  same  within  24  hours; 
otherwise  the  usual  demurrage  charges  may  be  made. 

Rule  15.  Where  a  consignee  shall  give  to  the  deliver- 
ing carrier  notice  of  his  refusal  to  accept  a  shipment  of 
freight  properly  tendered  in  pursuance  of  the  bill  of  lad- 
ing, the  delivering  carrier  shall  give  to  the  consignor  legal 
notice  of  such  refusal  and  if  the  consignor  fails  within 
three  days  thereafter  to  give  direction  for  the  disposition 
of  such  goods,  he  shall  thenceforth  become  liable  to  such 
carrier  for  the  usual  storage  charges,  to  the  same  extent, 
and  at  the  same  rate,  as  such  charges  are  now,  under  like 
circumstances,  by  the  rules  of  this  commission,  imposed 
upon  consignees  who  neglect  or  refuse,  after  notice  of  ar- 
rival, to  remove  freight  of  like  character. 

And  where  a  consignee  of  freight  either  in  carloads  or 
less   than   carloads   shall    fail    or   neglect   to    remove   such 


1030 


National  Association  of  Eailway  Commissioners 


freight  within  six  days  after  the  expiration  of  free  time, 
then  the  carrier  shall,  through  the  agent  at  point  of  ship- 
ment, so  notify  the  shipper,  unless  the  consignee  has  signi- 
fied his  acceptance  of  the  property.  Said  notice  may  either 
be  served  personally  or  given  by  mail. 

No  such  notice  to  the  consignor,  however,  shall  be  re- 
quired of  a  carrier  company  where  goods  are  shipped  in 
less  than  carload  lots,  unless  such  goods,  or  the  packages 
Containing  the  same,  or  way-bill,  shall  legibly  bear  the 
name  and  address  of  the  consignor  thereof. 

A  consignee  who  has  once  refused  to  accept  a  consign- 
ment of  goods  shall  not  thereafter  be  entitled  to  receive 
the  same,  except  upon  the  payment  of  all  charges  for  stor- 
age which  would  otherwise  have  accrued. 

FASSENOEB  BATES. 

Passenger  rates  are  fixed  by  statute. 

Standard  passenger  rate,  2%  cents  per  mile. 

Under  12  years  of  age,  and  over  five  years,  %  of  above 
rates. 

Children  under  five  years  of  age,  accompanied  by  any 
person  paying  fare,  no  charge  whatever  shall  be  made. 

No  charge  less  than  10  cents  shall  be  required. 


Independently  owned  and  operated  railroad  companies 
whose  mileage  of  road  Is  100  miles  or  less  may  charge  a 
rate  not  exceeding  3  cents  per  mile.  Such  road  whose 
mileage  is  10  miles  or  less  may  charge  present  rate  lu 
effect  (February,  1908). 

A  charge  of  15  cents  may  be  added  to  the  fare  of  any 
passenger  when  the  same  is  paid  on  train,  if  the  ticket 
might  have  been  purchased  within  a  reasonable  time  be- 
fore the  departure  of  the  train. 

Each  passenger  shall  be  entitled  to  baggage  not  exceed- 
ing in  weight  200  pounds. 

STAND.\BD  TELEGBAPHIC  BATES. 

10  body  words  or  under 25  cents 

Over  10  body  words,  2  cents  for  each  additional  word. 

JOINT    TELEGBAPHIC    BATES. 

Whenever  a  message  is  sent  over  two  or  more  tele- 
graph lines  owned,  controlled  and  operated  by  separate 
and  distinct  corporations  or  Individuals,  the  joint  rate 
shall  not  exceed  40  cents  for  such  message  of  10  body 
words  or  less,  exclusive  of  date,  address  and  signaturu, 
between  any  two  points  within  the  limits  of  this  Stat^ 
nor  more  than  3  cents  for  each  additional  word. 


PUBLIC  SERVICE  LAWS  OF  NORTH  DAKOTA 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  1.     DECLARATION  OF  RIGHTS. 

§  20.  No  special  privileges  or  Immunities  shall  ever 
be  granted  which  may  not  be  altered,  revoked  or  re- 
pealed by  the  legislative  assembly;  nor  shall  any  citizen 
or  class  of  citizens  be  granted  privileges  or  Immunities 
which  upon  the  same  terms  shall  not  be  granted  to  all 
citizens. 

§  21.  The  provisions  of  this  constitution  are  manda- 
tory and  prohibitory  unless,  by  express  words,  they  are 
declared  to  be  otherwise. 

§  69.  The  legislative  assembly  shall  not  pass  local 
or  special  laws  in  any  of  the  following  enumerated  cases, 
that  is  to  say:  Granting  to  any  corporation,  association, 
or  individual  the  right  to  lay  down  railroad  tracks,  or 
any  special  or  exclusive  privilege,  immunity  or  fran- 
chise whatever.  Relinquishing  or  extinguishing  in 
whole  or  in  part  the  indebtedness,  liability  or  obligation 
of  any  corporation  or  person  to  this  State,  or  to  any 
municipal  corporation  therein. 

§  70.  In  all  other  cases  where  a  general  law  can  be 
made  applicable,  no  special  law  shall  be  enacted;  nor 
shall  the  legislative  assembly  indirectly  enact  such 
special  or  local  law  by  the  partial  repeal  of  a  general 
law;  but  laws  repealing  local  or  special  Acts  may  be 
passed. 

ARTICLE   3.      EXECUTIVE   DEPARTMENT. 

Par.  82.  There  shall  be  chosen  by  the  qualified  elec- 
tors of  the  State  at  the  times  and  places  of  choosing 
members  of  the  legislative  assembly,  a  secretary  of 
State,  auditor,  treasurer,  superintendent  of  public  in- 
struction, commissioner  of  insurance,  three  commission- 
ers of  railroads,  an  attorney-general  and  one  commis- 
sioner of  agriculture  and  labor,  who  shall  have  attained 
the  age  of  25  years,  shall  be  citizens  of  the  United  States, 
and  shall  have  the  qualifications  of  State  electors.  They 
shall  severally  hold  their  offices  at  the  seat  of  govern- 
ment, for  the  term  of  two  years  and  until  their  succes- 
sors are  elected  and  duly  qualified,  but  no  person  shall 
be  eligible  to  the  office  of  treasurer  for  more  than 
two  consecutive  terms. 

§  134.  The  exercise  of  the  right  of  eminent  domain 
shall  never  be  abridged,  or  so  construed  as  to  prevent 
the  legislative  assembly  from  taking  the  property  and 
franchises  of  incorporated  companies  and  subjecting  them 
to  public  use,  the  same  as  the  property  of  individuals; 
and  the  exercise  of  the  police  power  of  this  State  shall 
never  be  abridged,  or  so  construed  as  to  permit  corpora- 
tions to  conduct  their  business  in  such  a  manner  as  to 
infringe  the  equal  rights  of  individuals  or  the  general 
well  being  of  the  State. 

§  135.  In  all  elections  for  directors  or  managers  of 
a  corporation,  each  member  or  shareholder  may  cast  tne 


whole  number  of  his  votes  for  one  candidate,  or  dii 
tribute  them  upon  two  or  more  candidates,  as  he  mf| 
prefer. 

§  136.    No   foreign    corporation    shall    do    business  l| 
this  State  without  having  one  or  more  places  of  busin< 
and   an   authorized   agent   or   agents   in   the   same,   un^j 
whom  process  may  be  served. 

§  137.  No  corporation  shall  engage  in  any  businei  s 
other  than  that  expressly  authorized  in  its  charter. 

§  138.  No  corporation  shall  issue  stock  or  bonds  4i 
cept  for  money,  labor  done,  or  money  or  property  actua 
received;  and  all  fictitious  increase  of  stock  or  indebt  1 
ness  shall  be  void.  The  stock  and  indebtedness  of  o  1 
porations  shall  not  be  increased  except  in  pursuance 
general  law,  nor  without  the  consent  of  the  persons  ho  i 
ing  the  larger  amount  in  value  of  the  stock  first  obtain  | 
at  a  meeting  to  be  held  after  60  days'  notice  given  '  j 
pursuance  of  law. 

§  139.  No  law  shall  be  passed  by  the  legislative 
sembly  granting  the  right  to  construct  and  operate!  I 
street  railroad,  telegraph,  telephone  or  electric  ligl 
plant  within  any  city,  town  or  incorporated  village,  wfl:^ 
out  requiring  the  consent  of  the  local  authorities  havb  ] 
the  control  of  the  street  or  highway  proposed  to  , 
occupied   for   such   purposes.  ] 

§  140.  Every  railroad  corporation  organized  and  i 
ing  business  in  this  State,  under  the  laws  or  authofl 
thereof,  shall  have  and  maintain  a  public  office  or  pla 
in  the  State  for  the  transaction  of  its  business,  whei^ 
transfers  of  its  stock  shall  be  made  and  in  which  shiJ 
be  kept  for  public  inspection,  books  in  which  shall  )a 
recorded  the  amount  of  capital  stock  subscribed,  and  >y 
whom,  the  names  of  the  owners  of  its  stock  and  t  le 
amount  owned  by  them  respectively;  the  amount  of  sto  k 
paid  in  and  by  whom,  and  the  transfers  of  said  stoc<; 
the  amount  of  its  assets  and  liabilities  and  the  names, 
and  place  of  residence  of  its  officers.  The  directors  of 
every  railroad  corporation  shall  annually  make  a  report, 
under  oath,  to  the  auditor  of  public  accounts,  or  some 
officer  or  officers  to  be  designated  by  law,  of  all  th-'ir 
acts  and  doings,  which  report  shall  include  such  matt(  rs 
relating  to  railroads  as  may  be  prescribed  by  law,  and 
the  legislative  assembly  shall  pass  laws  enforcing  by 
suitable  penalties  the  provisions  of  this  section;  provid  ;d, 
the  provisions  of  this  section  shall  not  be  so  construed 
as  to  apply  to  foreign  corporations. 

§  141.  No  railroad  corporation  shall  consolidate  its 
stock,  property  or  franchises  with  any  other  railroad  cor- 
poration owning  a  parallel  or  competing  line;  and  in  no 
case  shall  any  consolidation  take  place  except  upon 
public  notice  given  at  least  oO  days  to  all  stockholders, 
in  such  manner  as  may  be  prov.ded  by  law.  Any  at- 
tempt to  evade  the  provisions  of  this  section  by  any 
railroad  corporation,  by  lease  or  otherwise,  shall  work 
a   forfeiture  of   its   charter. 


Public  Service  Laws 


1031 


§  142.  Railways  heretofore  constructed,  or  that  may 
hereafter  be  constructed,  in  this  State  are  hereby  de- 
clared public  highways,  and  all  railroad,  sleeping  car, 
telegraph,  telephone  and  transportation  companies  of 
.  passengers,  intelligence  and  freight,  are  declared  to 
be  common  carriers  and  subject  to  legislative  control; 
and  the  legislative  assembly  shall  have  power  to  enact 
laws  regulating  and  controlling  the  rates  of  charges  for 
the  transportation  of  passengers,  intelligence  and  freight, 
as  such  common  carriers,  from  one  point  to  another  In 
this  State;  provided,  that  appeal  may  be  had  to  the 
courts  of  this  State  from  the  rates  so  fixed;  but  the 
rates  fixed  by  the  legislative  assembly  or  board  of  rail- 
road commissioners  shall  remain  in  force  pending  the 
decision   of  the  courts. 

§  143.  Any  association  or  corporation  organized  for 
the  purpose  shall  have  the  right  to  construct  and  operate 
a  railroad  between  any  points  within  this  State,  and  to 
connect  at  the  State  line  with  the  railroads  of  other 
States.  Every  railroad  company  shall  have  the  right 
with  its  road  to  intersect,  connect  with  or  cross  any 
other;  and  shall  receive  and  transport  each  other's  pas- 
sengers, tonnage  and  cars,  loaded  or  empty,  without  de- 
lay or  discrimination. 

§  144.  The  term  "corporation,"  as  used  In  this 
article,  shall  not  be  understood  as  embracing  municipali- 
ties or  political  subdivisions  of  the  State  unless  other- 
wise expressly  stated,  but  it  shall  be  held  and  construed 
to  include  all  associations  and  joint  stock  companies 
having  any  of  the  powers  or  privileges  of  corporations 
not  possessed  by  individuals  or  partnerships. 

§  179.  All  property,  except  as  hereinafter  in  this  sec- 
tion provided,  shall  be  assessed  in  the  county,  city,  town- 
ship, town,  village  or.  district  in  which  it  is  situated  in 
the  manner  prescribed  by  law.  The  franchise,  roadway, 
roadbed,  rails  and  rolling  stock  of  all  railroads  operated 
In  this  State  shall  be  assessed  by  the  state  board  of 
equalization  at  their  actual  value,  and  such  assessed  valu- 
ation shall  be  apportioned  to  the  counties,  cities,  towns, 
townships  and  districts  in  which  said  roads  are  located, 
as  a  basis  for  taxation  of  such  property  in  proportion  to 
the  number  of  miles  of  railway  laid  in  such  counties,  cities, 
towns,    townships   and    districts. 

ARTICLE  12.    PUBLIC  DEBT. 

§  185.  Neither  the  State  nor  any  county,  city,  town- 
ship, town,  school  district  or  any  other  political  sub- 
division shall  loan  or  give  Its  credit  or  make  donations  to 
or  in  aid  of  any  individual,  associaton  or  corporaton,  except 
for  necessary  support  of  the  poor,  nor  subscribe  to  or 
become  the  owner  of  the  capital  stock  of  any  associa- 
tion or  corporation,  nor  shall  the  State  engage  in  any 
work  of  Internal  improvement  unless  authorized  by  a  two- 
thirds  vote  of  the  people. 

STATUTE  LAW. 

REVISED   CODE   OF   NORTH   DAKOTA,    1905. 

Hou!  constituted.  §  364.  The  three  persons  elected 
\  commissioners  of  railroads,  pursuant  to  the  provisions  of 
§  82  of  the  constitution  of  this  State,  constitute  and  shall 
be  known  and  designated  as  the  "Board  of  Railroad  Com- 
missioners of  the  State  of  North  Dakota."  They  shall 
have  power  to  elect  one  of  their  number  president  of 
such  board  and  to  appoint  a  secretary.     (R.  C.  1895,  3003.) 

Who  disqualified.  §  365.  No  person  in  the  employment 
of,  or  owning  any  stocks  or  bonds,  or  otherwise  pecuni- 
arily interested  in,  or  an  officer  of  any  railroad,'  freight 
or  transportation  company,  public  warehouse  or  elevator 
operated  In  this  State  shall  be  eligible  to  the  office  of 
commissioner  of  railroads.  (1889,  ch.  110,  2;  R.  C.  1899, 
3004.) 

Oath  and  hand.  §  366.  Such  commissioners  before  en- 
tering upon  the  duties  of  their  office  shall  take  and  sub- 
scribe the  following  oath,  which  shall  be  filed  In  the 
office  of  the  secretary  of  State,  viz.: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support 
I  the  constitution  of  the  State  of  North  Dakota,  and  that  I 
will  faithfully  discharge  the  duties  of  commissioner  of 
railroads  to  the  best  of  my  ability;  that  I  am  not  In  the 
■employment  of  and  that  I  own  no  stock  or  bonds  of  and 
am  not  otherwise  pecuniarily  interested  in,  nor  an  officer 
of  any  railroad,  freight  or  transportation  company,  public 
warehouse  or  elevator  operated  In  this  State. 


And  each  of  such  commissioners  shall  give  at  the  same 
time  a  bond  to  the  State  in  the  sum  of  $10,000,  with 
sureties  to  be  approved  by  the  state  treasurer,  conditioned 
for  the  faithful  discharge  of  his  duties,  which  bond  shall 
be  filed  in  the  office  of  the  secretary  of  State.  (R.  C. 
1895,  3005.) 

Salary  and  expenses — Appropriation.  S  367.  The  sal- 
ary of  each  of  such  commissioners,  to  be  elected  after 
the  taking  effect  of  this  section,  shall  be  $1,200  per  annum. 
The  commissioners  in  office,  and  those  hereafter  to  be 
elected,  shall  keep  their  office  at  the  seat  of  government 
and  shall  be  provided  with  suitable  rooms,  necessary 
office  furniture,  stationery,  books  and  maps,  not  exceeding 
the  sum  of  $500  per  annum,  to  be  paid  out  of  the  State 
treasury.  The  secretary  of  said  board  of  railroad  com- 
missioners shall  receive  a  salary  of  $1,000*  per  annum. 
The  accounts  for  all  expenses  authorized  by  this  section, 
except  salary  of  members  of  the  board,  shall  be  audited 
only  when  approved  by  the  governor.  There  is  hereby 
appropriated  out  of  any  money  in  the  State  treasury, 
not  otherwise  appropriated,  the  sum  of  $800  per  annum, 
or  so  much  thereof  as  may  be  necessary,  for  the  purpose 
of  paying  the  traveling  expenses  of  the  board  of  railroad 
commissioners  and  Its  secretary  when  actually  engaged  in 
the  discharge  of  their  duties.  (1897,  ch.  119;  ch.  27;  R. 
C.  1899,  3006.) 

Free  passage.  §  368.  Such  commissioners,  their  sec- 
retary and  the  persons  in  their  official  employment  shall, 
when  In  the  performance  of  their  official  duties,  have  the 
right  to  pass  free  of  charge  on  all  railroads,  steamers, 
vessels  and  boats  and  on  all  vehicles  employed  In  or  by 
any  railroad  or  other  transportation  company  engaged 
in  the  transportation  of  freight  and  passengers  within 
this  State.     (1889,  ch.  110,  4;  R.  C.  1899,  3007.) 

Powers  and  duties.  S  369.  The  commissioners  of  rail- 
roads shall  have  the  general  supervision  of  all  railroads, 
railroad  corporations  and  common  carriers  in  the  State 
operated  by  steam,  and  of  all  bridge  corporations  and  ferry 
companies,  the  property  of  which  is  used  or  operated  for 
railroad  purposes,  and  shall  inquire  into  any  neglect  or 
violation  of  the  laws  of  this  State  by  any  such  railroad, 
railroad  corporation,  bridge  corporation,  common  carrleir 
or  ferry  company  doing  business  therein,  or  by  the  offi- 
cers, agents  or  employes  thereof,  and  shall  also  from  time 
to  time  carefully  examine  and  Inspect,  as  hereinafter  pro- 
vided, the  condition  of  each  railroad  and  railroad  corpo- 
ration in  the  State,  dnd  of  its  equipment,  and  the  man- 
ner of  its  conduct  and  management,  with  reference  to 
the  public  safety  and  convenience.  (1897,  ch.  115,  1; 
R.  C.  1899,  3008.) 

[Note. — For  additional  powers  and  duties  of  the  rail- 
road commission  see  statutes  of  1907,  1909  and  1911; 
also  code  section  4324  et  seq.  below.] 

Attorney-general  attorney  for  board — Duties  of  State's 
attorneys.  §  370.  The  attorney-general  of  the  State  of 
North  Dakota  shall  be  ex  officio  attorney  for  the  board  of 
railroad  commissioners  and  shall  give  it  such  counsel  and 
advice  as  it  may  from  time  to  time  require;  and  he  shall 
institute  and  prosecute  any  actions  which  such  board  may 
deem  it  proper  and  expedient  to  prosecute;  and  he  shall 
render  such  board  all  counsel,  advice  and  assistance  neces- 
sary to  carry  out  the  provisions  of  any  law  of  this  State 
according  to  the  true  intent  and  meaning  thereof.  It  shall 
also  be  the  duty  of  the  State's  attorney  In  every  county 
on  request  of  such  board  to  Institute  and  prosecute  and  to 
appear  and  defend  for  such  board  in  any  and  all  actions 
and  proceedings  which  he  shall  be  requested  by  such  board 
to  institute  and  prosecute  and  to  appear  in  all  actions  and 
proceedings  to  which  the  board  is  a  party.  Such  board 
shall  have  power  to  employ  additional  counsel  to  assist 
such  attorney-general  or  State's  attorney,  when  in  its  judg- 
ment the  exigencies  of  the  case  so  require.  The  fee  of 
such  additional  counsel  shall  be  determined  by  the  gov- 
ernor and  paid  by  the  State.  (1889,  ch.  110,  17;  1890,  ch. 
122,  9;   R.  C.  1895,  3009.) 

Majority  vote  decides.  §  371.  All  questions  arising  in 
the  action  of  such  commissioners  shall  be  decided  and  de- 
termined by  a  majority  vote.  (1889,  ch.  110,  25;  R.  C. 
1895,  3012.) 


*Made  $2,000  by  Act  of  March  16,  1909,  which  also  re- 
quires the  secretary  to  reside  at  the  capital  of  the  State. 


1032 


National  Association  of  Railway  Commissioners 


ARTICLE  10.  TO  REGULATE  COMMON  CARRIERS  AND 

DEFINE  THE  DUTIES  OP  THE  COMMISSIONERS 

OF  RAILROADS. 

To  whom  article  applies.  %  4324.  (§1.)  [As  amended  by 
Act  approved  February  27,  1911.]  The  provisions  of  this  ar- 
ticle shall  apply  to  the  transportation  of  passengers,  prop- 
erty and  the  transmission  of  messages  between  points 
within  this  State,  and  to  the  receiving,  switching,  de- 
livering, storing  and  hauling  of  such  property  and 
receiving  and  delivering  and  carrying  all  messages 
and  of  all  charges  connected  therewith,  including 
icing  and  mileage  charges,  and  shall  apply  to  all 
railroad  corporations,  express  companies,  car  companies, 
freight  and  freight-line  companies  and  to  all  associations  of 
persons,  whether  incorporated  or  otherwise,  that  shall 
do  business  within  this  State  and  to  any  common  carrier 
within  the  State  that  shall  do  business  upon  or  from  any 
line  or  railroad  within  the  State  and  to  any  common  car- 
rier engaged  in  the  transportation  of  persons  or  property 
wholly  by  rail  or  partly  by  rail  or  water.  The  term  "com- 
mon carrier",  whenever  used  in  this  article,  shall  be  con- 
strued to  Include  telephone  and  telegraph  companies  and 
associations  engaged  in  the  receiving,  transmitting  and 
delivering  of  messages. 

Railroad  and  transportation  defined.  §  4325.  The  term 
"railroad,"  as  used  in  this  article,  shall  include  all  bridges 
and  ferries  used  or  operated  in  connection  with  any  rail- 
road, and  also  all  the  road  in  use  by  any  corporation, 
receiver,  trustee  or  other  person  used  as  a  common  carrier 
or  operated  as  a  railroad,  whether  owned  or  operated  under 
contract,  agreement,  lease  or  otherwise,  and  the  term 
"transportation"  shall  include  all  the  instrumentalities  of 
shipment  or  carriage,  and  the  term  "railroad  corpora- 
tion" contained  in  this  article  shall  be  deemed  and  taken 
to  mean  all  corporations,  companies  or  individuals  now 
owning  or  operating  or  using,  or  which  may  hereafter  own, 
operate  or  use  as  a  common  carrier,  any  railroad  operated 
by  steam  in  whole  or  in  part  in  this  State,  or  leases  cars 
by  whatever  name  known  for  the  purpose  of  transpor- 
tation; and  the  provisions  of  this  article  shall  apply  to  all 
persons,  firms  and  companies  and  to  all  associations  of 
persons,  whether  incorporated  or  otherwise,  that  shall 
do  business  as  common  carriers  upon  any  of  the  lines 
of  railway  operated  by  steam  in  this  State,  the  same  as 
to  railroad  corporations  herein  mentioned.  Nothing  in 
this  article  shall  be  construed  to  stop  or  hinder  any  per- 
sons or  corporations  from  bringing  suit  against  any  rail- 
road company  for  any  violation  of  any  of  the  laws  of 
this  State  or  of  the  United  States  for  the  government  or 
railroads,  except  as  hereinafter  provided.  (1897,  ch.  115, 
§§  10,  14;  R.  C.  1899,  §§3012,  3012.) 

Duty  of  railroad  to  furnish  and  transport  cars.  §  4326. 
It  shall  be  the  duty  of  any  railroad  corporation,  when 
within  its  power  to  do  so,  and  upon  reasonable  notice,  to 
furnish  suitable  cars  to  any  and  all  persons  who  may  apply 
therefor,  for  the  transportation  of  any  and  all  kinds  of 
freight  or  express,  and  to  receive  and  transport  such 
freight  with  all  reasonable  dispatch,  and  to  provide  and 
keep  suitable  facilities  for  the  receiving  and  handling 
the  same  at  any  depot  or  receiving  office  of  such  corpo- 
ration on  the  line  of  its  road;  and  also  to  receive  and 
transport  in  like  manner  the  empty  or  loaded  cars,  fur- 
nished by  any  connecting  road,  to  be  delivered  at  any 
station  on  the  line  of  its  road,  to  be  loaded  or  discharged, 
or  reloaded  and  returned  to  the  road  so  connecting;  and 
for  compensation  it  shall  not  demand  or  receive  any 
greater  sum  than  accepted  by  it  from  any  other  con- 
necting railroad  for  a  similar  service.  (1897,  ch.  115,  !i5; 
R.  C.  1899,   §3014.) 

Charges  to  be  reasonable.  §  4327.  All  charges  made  for 
any  service  rendered  or  to  be  rendered  by  any  railroad, 
railroad  corporation  or  common  carrier  subject  to  the 
provisions  of  this  article,  in  the  transportation  of  pas- 
sengers or  property  in  this  State  as  aforesaid,  or  in  con- 
nection therewith,  or  for  the  receiving,  delivering,  stor- 
age or  handling  of  such  property,  shall  be  reasonable 
and  just;  and  every  unjust  and  unreasonable  charge  for 
such  service  is  prohibited  and  declared  to  be  unlawful. 
(1897,  ch.  115,  §6;  R.  C.  1899,  §3015.) 

Penalty  for  extortion  or  unjust  discrimination.  §  4328. 
Any    railroad,    railroad    corporation    or    common    carrier. 


which  shall  violate  any  of  the  provisions  of  this  article, 
as  to  extortion  or  unjust  discrimination,  shall  forfeit  for 
every  such  offense  to  the  person,  company  or  corporation 
aggrieved  thereby  three  times  the  actual  damages  sus- 
tained or  overcharges  paid  by  said  party  aggrieved,  to- 
gether with  the  cost  of  suit  and  a  reasonable  attorney'! 
tee  to  be  fixed  by  the  court,  and  if  an  appeal  be  taken 
from  the  judgment  or  any  part  thereof,  it  shall  be  the  duty 
of  the  Appellate  Court  to  include  in  the  judgment  an  addi- 
tional reasonable  attorney's  fee  for  service  in  the  Ap- 
pellate Court  or  courts,  or  the  same  may  be  recovered 
in  a  civil  action  therefor.  And  in  all  cases  where  com- 
plaint shall  be  made,  in  accordance  with  the  provisions 
of  this  article,  that  an  unreasonable  charge  is  made, 
the  commissioners  shall  require  a  modified  chares 
for  the  service  rendered,  such  as  they  shall  deem  to  be 
reasonable,  and  all  cases  of  a  failure  to  comply  with  the 
recommendation  of  the  commissioners  shall  be  embodied 
ill  the  report  of  the  commissioners  to  the  governor;  and 
the  same  shall  apply  to  any  unjust  discrimination,  ex- 
tortion or  overcharge  by  said  railroad,  railroad  corpi> 
ration  or  common  carrier  or  other  violation  of  law.  (1 
ch.  115,  7;  R.  C.  1899,  3016.) 


Examination  of  rates.  §  4329.  It  shall  be  the  duty  o1 
said  commissioners,  upon  the  complaint  and  application  of 
the  mayor  and  aldermen  of  any  city  or  the  president  aid 
trustees  of  any  incorporated  town  or  the  supervisors  of 
any  township,  to  make  an  examination  of  the  rate  of  pas- 
senger fare,  express  or  freight  tariff  charged  by  any  rail- 
road, railroad  corporation  or  common  carrier,  subject  to 
the  provisions  of  this  article,  and  of  the  condition  or  o> 
eration  of  any  railroad,  railroad  corporation  or  commcn 
carrier,  any  part  of  whose  location  or  route  lies  within 
the  limits  of  such  city,  town  or  township,  and  if  twent  '• 
five  or  more  legal  voters  in  any  city,  town  or  townsh:  p 
shall,  by  petition  in  writing,  request  the  mayor  and  alder- 
men of  such  city,  the  president  and  trustees  of  such  tow  n 
or  the  supervisors  of  such  township,  to  make  said  coi  i- 
plaint  and  application,  and  the  said  mayor  and  alderme  i, 
president  and  trustees  or  supervisors  refuse  or  decline  o 
comply  with  the  prayer  of  the  petition,  they  shall  sta  e 
the  reason  for  such  non-compliance  in  writing  upon  tl  e 
petition,  and  return  the  same  to  the  petitioners;  and  tl  e 
petitioners  may  thereupon,  within  10  days  from  the  da  e 
of  such  refusal  and  return,  present  such  petition  to  sa  d 
commissioners,  and  said  commissioners  shall,  if,  upon  d  e 
inquiry  and  hearing  of  the  petitioners,  they  think  tl  e 
public  good  demands  the  examination,  proceed  to  make  it 
in  the  same  manner  as  if  called  upon  by  the  mayor  ai  d 
aldermen  of  any  city,  the  president  and  trustees  of  ai  y 
town  or  the  supervisors  of  any  township.  Before  rrocef  1- 
ing  to  make  such  examination,  in  accordance  with  su'  h 
application  or  petition,  said  commissioners  shall  give  ;o 
the  petitioners  and  the  railroad,  railroad  corporation  )r 
common  carrier,  reasonable  notice,  in  writing,  of  the  tlr  le 
and  place  of  entering  upon  the  same.  If,  upon  such  .a 
examination,  it  shall  appear  to  said  commissioners  that 
the  complaint  alleged  by  the  applicant  or  petitioners  is 
well  founded,  they  shall  so  adjudge,  and  shall  inform  t  le 
corporation  operating  such  railroad  or  such  railroad  corj  o- 
ration  or  common  carrier  of  their  adjudication  witl  in 
10  days  and  shall  also  report  their  doings  to  the  g('V- 
ernor,  as  provided  in  §4363.  (1897,  ch.  115,  8;  R.  C.  IS  i9, 
3017.) 

Ample  facilities  for  transferring.  §  4330.  AH  railroa  Is, 
railroad  corporations  and  common  carriers  subject  to  the 
provisions  of  this  article  shall,  according  to  their  respective 
powers,  afford  all  reasonable,  proper  and  equal  facilit  en 
for  the  interchange  of  traffic  between  their  respective 
lines,  and  for  the  receiving,  forwarding  and  switching 
of  cars,  and  the  receiving,  forwarding  and  delivering  of 
passengers  and  property  to  and  from  their  several  llncis; 
and  to  and  from  other  lines  and  places  connected  there- 
with; and  shall  not  discriminate  in  their  accommodatlonB, 
rates  and  charges  between  such  connecting  lines..  Any 
railroad,  railroad  corporation  or  common  carrier  may  be 
required  to  switch  and  transfer  cars  for  another  for  :he 
purpose  of  being  loaded  or  unloaded,  upon  such  terms  iind 
conditions  as  may  be  prescribed  bv  the  board  of  commis- 
sioners of  railroads.     (1897,  ch.  115,  §  16;  R.  C.  1899,  5  3018.) 

^hall  furnish,  start  and  run  cars  without  delay.  §  4331. 
Every  common  carrier  operating  a  railway  in  this  State 
shall,  without  unreasonable  delay,  furnish,  start  and  run 


Public  Service  Laws 


1033 


cars  for  the  transportation  of  persons  and  property,  which 
within  a  reasonable  time  theretofore  is  offered  for  trans- 
portation at  any  of  its  stations  on  its  line  of  road  and  at 
the  junctions  of  other  railroads  and  at  such  stopping 
places  as  may  be  established  for  receiving  and  discharging 
passengers  and  freights;  and  shall  take,  receive,  trans- 
port and  discharge  such  passengers  and  property  at,  from 
and  to  such  stations,  junctions  and  places  on  and  from 
all  trains  advertised  to  stop  at  the  same  for  passengers 
and  freight  respectively  upon  the  due  payment  or  tender 
of  payment  of  tolls,  freight  or  fare  therefor  if  such  pay- 
ment is  demanded.  Every  such  common  carrier  shall  per- 
mit connection  to  be  made  and  maintained  in  a  reasonable 
manner  with  its  sidetracks  to  and  from  any  warehouse, 
elevator  or  manufactory  without  reference  to  its  size 
or  capacity;  provided,  that  this  shall  not  be  construed 
so  as  to  require  any  common  carrier  to  construct  or  fur- 
nish any  sidetrack  off  from  its  own  line;  provided,  further, 
that  where  stations  are  12  miles  apart  or  more  the  common 
carrier,  when  required  to  do  so  by  the  commissioners  of 
railroads,  shall  construct-  and  maintain  a  sidetrack  for 
the  use  of  shippers  between  such  stations.  (1890,  ch.  122, 
§3;   R.  C.  1895,  §3019.) 

Continuous  shipments.  §  4332.  It  shall  be  unlawful  for 
any  railroad,  railroad  corporation  or  common  carrier  sub- 
ject to  the  provisions  of  this  article  to  enter  into  any  com- 
bination, contract  or  agreement,  expressed  or  implied,  to 
prevent  by  change  in  time  schedules,  carriage  in  dif- 
ferent cars  or  by  other  means  or  devices,  the  carriage 
of  freight  from  being  continuous  from  the  place  of  ship- 
ment to  the  place  of  destination  in  this  State;  and  no 
break  of  bulk,  stoppage  or  interruption  made  by  such 
railroad,  railroad  corporation  or  common  carrier  shall  pre- 
vent the  carriage  of  freight  from  being,  and  being  treated 
as  one  continuous  carriage  from  the  place  of  shipment  to 
the  place  of  destination,  unless  such  break,  stoppage  or 
interruption  was  made  in  good  faith  for  some  necessary 
purpose  and  without  any  intent  to  avoid  or  unneces- 
sarily interrupt,  such  continuous  carriage  or  to  evade  an.v 
of  the  provisions  of  this  article.  (1897,  ch.  115,  §  20;  R. 
C.   1899,    §3020.) 

No  preference  or  advantage.  §  4333.  It  shall  be  unlaw- 
ful for  any  railroad,  railroad  corporation  or  common  car- 
rier, subject  to  the  provisions  of  this  article,  to  make 
or  give  any  preference  or  advantage  to  any  particular 
person,  company,  firm,  corporation  or  locality  or  any  par- 
ticular description  of  traffic,  in  any  respect  whatsoever,  or 
to  subject  any  particular  person,  company,  firm,  corpora- 
tion or  locality,  or  any  particular  description  of  traffic 
to  any  prejudice  or  disadvantage  in  any  respect  what- 
soever; provided,  however,  that  nothing  herein  shall  be 
construed  to  prevent  any  railroad,  railroad  corporation  or 
common  carrier  from  giving  preference  as  to  time  of  ship- 
ment of  live  stock,  uncured  meats  and  other  perishable 
property.     (1897,  ch.  115,  §16;   R.  C.  1899,  §3021.) 

What  constitutes  unjust  discrimination.  §  4334.  If  any 
railroad,  railroad  corporation  or  common  carrier  subject  to 
the  provisions  of  this  article  shall  directly  or  indirectly,  by 
any  special  rate,  rebate,  drawback  or  other  device,  charge, 
demand,  collect  or  receive  from  any  person  or  persons  a 
greater  or  less  compensation  for  any  service  rendered, 
or  to  be  rendered,  in  the  transportation  of  passengers  or 
property  subject  to  the  provisions  of  this  article,  than  It 
charges,  demands,  collects  or  receives  from  any  other 
person  or  persons  for  doing  for  him  or  them  a  like  and 
contemporaneous  service  in  the  transportation  of  a  like 
kind  of  traffic,  it  shall  be  deemed  guilty  of  unjust  discrimi- 
nation, which  is  hereby  prohibited  and  declared  unlawful; 
this  section,  however,  is  not  to  be  construed  as  prohibit- 
ing a  less  rate  per  100  pounds  in  a  carload  lot  than  is 
charged,  collected  or  received  from  the  same  kind  of 
freight  in  less  than  a  carload  lot.  (1897,  ch.  115,  §15; 
R.  C.  1899,  §  3022.) 

Long  and  short  hauls.  §  4335.  It  shall  be  unlawful  for 
any  railroads,  railroad  corporations  or  common  carriers, 
subject  to  the  provisions  of  this  article,  to  charge  or 
receive  any  greater  compensation  in  the  aggregate  for 
the  transportation  of  passengers,  or  of  a  longer  distance 
over  its  railroads,  all  or  any  portion  of  the  shorter  haul  be- 
ing included  within  the  longer;  and  said  railroad,  railroad 
corporations  or  common  carriers  shall  charge  no  more 
for    transporting    passengers    or    freight   to    or    from    any 


point  on  its  railroads  than  a  fair  and  just  rate  as  com- 
pared with  the  price  it  charges  for  the  same  kind  of 
transportation  to  or  from  any  other  point;  provided, 
that  all  the  provisions  of  this  section  shall  apply  to  the 
transportation  of  passengers  and  all  kinds  of  freight  and 
property  shipped  and  transported  over  one  or  more  con- 
necting lines;  provided,  further,  that  such  connecting 
lines  shall  transfer  car  lots  without  extra  compensation, 
and  shall  transfer  less  than  car  lots  at  actual  cost  for 
such  transfer;  and  provided,  further,  that  rates  shall  be 
made  and  published  by  such  connecting  lines  for  such 
continuous  shipment  upon  demand  of  any  shipper  or 
shippers  and  that  such  rates  so  made  by  two  or  more 
connecting  lines  shall  be  no  greater  in  the  aggregate 
than  the  rate  would  be  if  shipped  continuously  upon  one 
line  of  road.  (1897,  ch.  115,  §17;  R.  C.  1899,  §3023;  1903, 
ch.  143.) 

Freight  pooling.  §  4336.  It  shall  be  unlawful  for  any 
railroad,  railroad  corporation  or  common  carrier,  subject 
to  the  provisions  of  this  article,  to  enter  into  any  con- 
tract, agreement  or  combination  with  any  other  railroad, 
railroad  corporation  or  common  carrier  for  the  pooling 
of  freight  of  different  and  competing  railroads  or  rail- 
road corporations  or  common  carriers,  or  divide  between 
them  the  aggregate  or  net  proceeds  of  the  earnings  of 
such  railroads  or  railroad  corporations  or  common  car- 
riers or  any  portion  thereof;  and  in  any  case  of  an 
agreement  for  the  pooling  of  freights  as  aforesaid,  each 
day  of  its  continuance  shall  be  deemed  a  separate  of- 
fense.    (1897,  ch.  115,  §  18;  R.  C.  1899,  §  3024.) 

Distribution  of  cars.  §  4337.  When  any  railroad  com- 
pany doing  business  in  this  State  shall  be  unable  from 
any  reasonable  cause  to  furnish  cars  at  any  railway  sta- 
tion or  sidetrack  in  accordance  with  the  demand  made 
by  all  persons  demanding  cars  at  such  station  or  side- 
track for  the  shipment  of  freight  in  carload  lots,  such 
cars  as  are  furnished  shall  be  divided  daily  equally 
among  the  applicants  in  the  order  of  their  application 
until  each  shall  have  received  one  car,  when  the  re- 
mainder shall  be  divided  ratably  among  the  several  ship- 
pers in  the  proportion  that  the  carload  lots  of  freight 
offered  by  each  bear  to  the  entire  number  of  carload  lots 
of  freight  offered  at  such  station  or  sidetrack  on  that  day; 
provided,  that  every  application  made  in  good  faith  on  an 
earlier  day  shall  be  filled  before  supplying  any  to  any 
applicant  of  a  succeeding  day.  (1899,  ch.  110,  §7;  R.  C. 
1895,  §  3025.) 

But  one  terminal  charge  for  switching  or  transferring. 
§  4338.  There  shall  in  no  case  be  more  than  one  ter- 
minal charge  for  switching  or  transferring  any  car, 
whether  the  same  is  loaded  or  empty,  within  the  limits 
of  any  one  city  or  town.  If  it  is  necessary  for  any  car 
to  pass  over  the  tracks  of  more  than  one  company  within 
such  city  or  town  limits  in  order  to  reach  its  final  desti- 
nation or  to  be  returned  therefrom  to  its  owner  or  own- 
ers, then  the  company  first  switching  or  transferring 
such  car  shall  be  entitled  to  receive  the  entire  charge 
to  be  made  therefor  and  shall  be  liable  to  the  company 
or  companies  doing  the  subsequent  switching  or  trans- 
ferring thereof  for  its  or  their  reasonable  and  equitable 
share  of  the  compensation  received,  and  if  the  companies 
so  jointly  interested  therein  cannot  agree  upon  the  share 
thereof  which  each  is  entitled  to  receive,  the  same  shall 
be  determined  by  the  commissioners  of  railroads,  whose 
decision  thereon  shall  be  final  and  conclusive  upon  all 
parties  interested  and  the  said  commissioners  are  author- 
ized to  establish  such  rules  and  regulations  in  their  be- 
half as  to  them  may  seem  just  and  reasonable  and  not 
in  conflict  with  this  article.  (1890,  ch.  122,  §  7;  R.  C.  1899, 
§3026.) 

Schedules  of  rates  and  fares.  §  4339.  Every  railroad, 
railroad  corporation  or  common  carrier  subject  to  the 
provisions  of  this  chapter  shall  print  and  keep  for  pub- 
lic inspection  schedules  showing  the  rates  and  fares  and 
charges  for  the  transportation  of  passengers  and  property 
which  any  such  railroad,  railroad  corporation  or  common 
carrier  has  established,  and  which  are  in  force  at  the 
time  upon  its  railroads  as  defined  by  this  chapter.  The 
schedules  printed  as  aforesaid  by  any  such  railroad,  rail- 
road corporation  or  common  carrier  shall  plainly  state 
the  places  upon  its  railroads  between  which  property  and 
passengers  will  be  carried  and  shall  contain  the  classi- 
fication of  freight  or  express  in  force  upon  it,  and  shall 


1034 


National  Association  op  Railway  Commissioners 


also  state  separately  any  terminal  charges  and  any  rules 
or  regulations  which  in  anywise  change,  affect  or  de- 
termine any  part  of  the  aggregate  of  such  aforesaid  rates, 
fares  and  charges.  Such  schedules  shall  be  plainly 
printed  in  large  type  of  at  least  the  size  of  ordinary 
pica,  and  a  copy  for  the  use  of  the  public  shall  be  kept 
in  every  freight,  express  or  receiving  office  or  passenger 
station  of  such  railroad,  railroad  corporation  or  common 
carrier  where  it  can  be  conveniently  inspected,  and  it 
shall  keep  a  printed  notice  posted  in  every  such  office 
and  passenger  station  indicating  where  therein  such 
schedules  can  be  found.  (1897,  ch.  115,  §19;  R.  C.  1899. 
§3027.) 

Notice  of  changes  in  schedules.  §  4340.  No  advance 
shall  be  made  in  the  rates,  fares  and  charges  which  have 
been  established  and  published  as  aforesaid  by  any  rail- 
road, railroad  corporation  or  common  carrier  in  compli- 
ance with  the  requirements  of  this  article,  except  after 
10  days'  notice  in  writing  to  the  commissioners  of  rail- 
roads, which  shall  plainly  state  the  changes  proposed  to 
be  made  in  the  schedules  then  in  force  and  the  time 
when  the  increased  rates,  fares  or  charges  will  go  into 
effect;  and  the  proposed  charges  shall  be  shown  by 
printing  new  schedules,  or  shall  be  plainly  indicated  upon 
the  schedules  in  force  at  the  time  and  kept  for  public 
inspection.  Reduction  in  such  published  rates,  fares  or 
charges  may  be  made  without  previous  notice,  hut  when- 
ever any  such  reduction  is  made,  notice  ot  the  same 
shall  immediately  be  publicly  posted,  and  the  change 
made  shall  immediately  be  made  public  by  printing  new 
schedules,  or  shall  iiiimediately  be  plainly  indicated  upon 
the  schedules  at  the  time  in  force  and  kept  for  public 
Inspection.     (1897,  ch.  115,  §19;  R.  C.  1899,  §3028.) 

No  charge  greater  than  the  schedule.  §  4341.  When  any 
such  railroad,  railroad  corporation  or  common  carrier 
shall  have  established  and  published  its  rates,  fares  and 
charges,  in  compliance  with  the  provisions  of  this  article, 
it  shall  be  unlawful  for  It  to  charge,  demand,  collect  or 
receive  from  any  person  or  persons  a  greater  or  less 
compensation  for  the  transportation  of  passengers  or 
property,  or  for  any  service  In  connection  therewith,  than 
is  specified  in  such  published  schedule  of  rates,  fares 
and  charges  as  may  at  the  time  be  in  force.  (1897,  ch. 
115,  §19;  R.  C.  1899,  §3029.) 

Schedules  and  contracts  to  6e  filed.  §  4342.  Every  rail- 
road, railroad  corporation  or  common  carrier  subject  to 
the  provisions  of  this  article  shall  file  with  the  board  of 
commissioners  of  railroads  of  this  State  copies  ot  its 
schedules  of  rates,  fares  and  charges  which  have  been 
established  and  published  in  compliance  with  the  require- 
ments of  this  article,  and  shall  promptly  notify  said  com- 
missioners of  all  changes  made  in  the  same.  Every  such 
railroad,  railroad  corporation  or  common  carrier  shall  also 
file  with  said  commissioners  copies  of  all  contracts,  agree- 
ments or  arrangements  with  other  railroads,  railroad  cor- 
porations or  common  carriers  in  relation  to  any  traffic  af- 
fected by  the  provisions  of  this  article  to  which  it  may  be 
a  party.  In  cases  where  passengers  and  freight  pass  over 
continuous  lines  or  routes  In  this  State  operated  by  more 
than  one  person  or  company  and  the  several  railroads, 
railroad  corporations  or  common  carriers  operating  such 
lines  or  routes  have  established  joint  tariffs  or  rates  or 
fares  or  charges  for  such  continuous  lines  or  routes, 
copies  of  such  joint  tariffs  shall  also  in  like  manner  be 
filed  with  said  commissioners.  Such  joint  rates,  fares 
and  charges  on  such  continuous  lines  so  filed  as  afore- 
said shall  be  made  public  by  such  railroads,  railroad  cor- 
porations or  common  carriers  when  directed  by  said 
commissioners,  in  so  far  as  may,  in  the  judgment  of  the 
commissioners,  be  deemed  practicable;  and  said  commis- 
sioners shall,  from  time  to  time,  prescribe  the  measures 
of  publicity  which  shall  be  given  to  such  rates,  fares 
and  charges,  or  to  such  parts  of  them  as  they  may  deem 
it  practicable  for  such  railroads,  railroad  corporations  or 
common  carriers  to  publish  and  the  places  in  which  they 
shall  be  published;  but  no  railroad,  railroad  corporation 
or  common  carrier,  party  to  any  such  joint  tariff,  shall 
be  liable  for  the  failure  of  any  other  railroad,  railroad 
corporation  or  common  carrier  party  thereto,  to  observe 
and  adhere  to  the  rates,  fares  or  charges  thus  made  and 
published.  If  any  such  shall  neglect  or  refuse  to  file  or 
publish  Its  schedules  or  tariff  of  rates,  fares  and  charges 
as  provided   in  this  article  or  any  part  of  the  same,  it 


shall,  in  addition  to  other  penalties  herein  prescribed,  be 
subject  to  a  writ  of  mandamus  to  be  issued  by  any 
District  Court  of  this  State  in  the  judicial  district  where- 
in such  offense  may  be  committed.  And  if  such  railroad, 
railroad  corporation  or  common  carrier  be  a  foreign  cor- 
poration then  such  writ  may  be  issued  by  any  District 
Court,  in  the  judicial  district  where  such  common  car- 
rier accepts  traffic  and  has  an  agent  to  perform  su,ch 
service,  to  compel  compliance  with  the  aforesaid  pro- 
visions of  this  article,  and-  such  writ  shall  issue  in  tte 
name  of  the  State  of  North  Dakota  at  the  relation  or 
upon  the  petition  of  the  said,  board  of  commissioners  of 
railroads  of  this  State;  and  failure  to  comply  with  its 
requirements  shall  be  punishable  as  and  for  a  contempt; 
and  shall  make  said  railroad,  railroad  corporation  or 
common  carrier  liable  to  penalty  of  $500  for  each  day's 
failure  to  comply  therewith,  and  when  any  such  writ  of 
mandamus  shall  be  so  applied  for  by  said  commissioners, 
no  bond  shall  be  required  of  them  by  any  court  or  judge, 
in  which  or  before  whom  any  such  application  may  be 
made.     (1897,  ch.  115,  19;  R.  C.  1899,  3030.) 

Amendment.  §  2.  [As  amended  by  Act  approved  Fe'D- 
ruary  27,  1911.]  That  §  4343  be  amended  so  as  to  read  £S 
follows: 

Rates,   classifications,  etc.     §  4343.     The  board  of  rail- 
road  commissioners   shall   have  power  to   prescribe  juiit 
and   reasonable   classifications   of   freight   and   to   fix  and 
prescribe   just    and    reasonable    schedules   of    charges    fcr 
the    transportation    of    intrastate    freight    and    intrastate 
passengers,   for   sleeping   car   accommodations,    for   gooes 
and    all    matter    of   every    kind    carried    by    express   com- 
panies   within    this    State,    for   the    transmission    of    me  ;- 
sages  by  telegraph  and  telephone  companies  and  for  the 
use    of    telephone    lines    within    the    State. .    The    commi  - 
sloners  shall  also  have  the  power  to  make  just  and  re:,- 
sonable    regulations    for  ^the    appointment    of    all    sue  i 
charges  between  two  or  more  companies  jointly  engage  1 
in  the  transportation  of  freight,  passengers,  express  ma  - 
ter,  telegraph  or  telephone  messages,  and.  it  shall  be  th  ^ 
duty    of    said    commissioners    to    prepare    such    schedule  3 
and   classifications;    and   said  schedules   so  made  by  sail 
commissioners  shall  In  all  suits  brought  against  any  sue  i 
railroad,  railroad  corporation  or  common  carriers,  whep  - 
in  is  in  any  way  involved  the  charges  of  any  such  rai  - 
road,    railroad    corporation    or    common    carriers,    for    th  ; 
transportation  of  any  passenger,  freight,  property  or  cai  j 
or   unjust    discrimination   in   relation   thereto,   be   deemed 
and  taken  in  all  courts  of  this  State  as  prima  facie  e^l 
dence    that    the    rates    therein    fixed    are    reasonable    aai 
just    maximum    rates    or    charges    for    the    transportatlq-j 
of  passengers,   freight,   property   and   cars   upon  railroads 
or   the    transmission    of    messages    by    telephone    or    tel'>| 
graph   for   which   said   schedules   may  have   been   respec  - 
ively   prepared.     Said   commissioners   shall   from   time   t  > 
time.,  but  not  oftener  than  once  in  six  months,  unless  upo  i 
appeal  from   the  order  fixing  such  rate  the  court  shoul  i 
modify  or   reverse   such   order,  and   then   only  to  the  e:  - 
tent    made    necessary    by   such    modification   or   reversal, 
change    and    revise    said    schedules.      When    any    schedule 
shall    have    been   made   or   revised    as   aforesaid,    it   sha  1 
be    the    duty    of    said    commissioners    to    forthwith    ser\  e 
a  copy  of  said  schedule  upon  such  railroad,  railroad  co  - 
poratlon  or  common  carrier  affected  thereby  and  a  notic  e 
stating  when   such   schedule   shall   go   into  effect,   and  1o 
cause  notice  thereof  to  be  published  for  two  successii  e 
weeks  in  one   public   newspaper  published   in  each  judi- 
cial district   In   this   State,   which  notice  shall  state  tt  c 
fact  that  a  new   schedule  has  been   made  and   the  daie 
of  the  taking  effect  of  said   schedule;    and  said   schedu  e 
shall  take  effect  at  the  time  so  stated  In  such  notice  ard 
a    printed    copy    of   said    revised    schedule    shall    be    co  i- 
spicuously   posted   by   such   railroad,   railroad   corporation 
or  common  carrier  in  such   freight,  express  or  receivirg 
office    and    passenger    depot   upon    Its    line   or   lines.     All 
such   schedules,   so  made,  shall  be  received  and  held  .n 
all  such  suits  as  prima  facie  the  schedule  of  said  com- 
missioners  without  further  proof   than  the  production  ot 
the  schedule  desired   to  be  used  as  evidence,  with  a  cer- 
tificate of  said  commissioners  of  railroads,  that  the  same 
is   a   true   copy   of   the   schedule   prepared   by   them   for 
the    railroad,    railroad    corporation    or    common    carrier 
therein  named,  and  that  notice  ot  the  making  of  the  same 
has    been    published    as    required    by    law,    provided,    that 


Public  Service  Laws 


1035 


before  finally  fixing  and  deciding  what  the  original 
L  maximum  rates  and  classificatidns  shall  be,  it  shall  be 
the  duty  of  the  commissioners  of  railroads  to  cause  notice 
of  such  meeting  to  be  given  each  common  carrier  af- 
fected thereby  by  mailing  a  notice  thereof  addressed  to 
the  managing  ofiicer  thereof  at  the  address  given  in  the 
last  report  of  such  common  carrier  to  the  secretary  of 
State,  or  to  such  address  as  may  have  been  given  to  and 
filed  with  said  commission,  at  least  thirty  days,  before 
the  date  of  said  hearing,  and  to  publish  ten  days  notice 
in  two  daily  papers  published  in  the  State  setting  forth 
in  such  notice  that  at  a  certain  time  and  place  they  will 
proceed  to  fix  and  determine  such  maximum  rates  and 
classifications;  and  they  shall  at  such  time  and  place 
and  as  soon  as  practicable  afford  to  any  person,  firm,  cor- 
poration, railroad,  railroad  corporation  or  common  car- 
rier who  may  desire  it,  an  opportunity  to  make  an  ex- 
planation or  showing  or  to  furnish  information  to  said 
commissioners  on  the  subject  of  determining  and  fixing 
such  maximum  rates,  fares  and  classifications;  and  a 
schedule  of  rates,  fares  and  classifications  of  freights 
or  property  on  all  lines  of  railroad,  railroad  corporations 
or  common  carriers  subject  to  this  article  in  North 
Dalcota  shall  be  fixed  within  60  days  from  the  taking  ef- 
fect of  this  article. 

Complaint  of  violation  of  schedule.  §  4344.  Whenever 
any  person,  upon  his  own  behalf,  or  class  of  persons 
similarly  situated,  or  any  firm,  corporation  or  association, 
or  any  mercantile,  agricultural  or  manufacturing  society, 
or  any  body  politic  or  municipal  organization,  sliall  make 
complaint  to  said  board  of  commissioners  of  railroads 
that  the  rate  charged  or  published  by  any  railroad,  rail- 
road corporation  or  common  carrier,  or  the  maximum 
rate  fixed  by  said  commissioners  in  the  schedule  of  fares 
or  rates  made  by  them  under  the  provisions  of  §  4343 
or  the  maximum  rate  that  may  now  or  may  hereafter  be 
fixed  is  unreasonably  high  or  discriminating.  It  shall  be 
the  duty  of  said  commissioners  to  immediately  investi- 
gate the  matter  of  such  complaint.  If  such  complaint 
appears  to  be  well  founded  and  not  trivial  in  character, 
the  board  shall  fix  a  day  for  hearing  the  same  and  shall 
notify  such  railroad,  railroad  corporation  or  common 
carrier  of  the  time  and  place  of  such  hearing  by  serving 
a  notice  properly  directed  on  any  division  superintendent, 
general  or  assistant  superintendent,  general  manager, 
president,  secretary  or  agent  of  such  railroad,  railroad 
corporation  or  common  carrier,  which  notice  shall  con- 
tain the  substance  of  the  complaint  so  made,  and  the 
board  shall  also  notify  the  person  or  persons  complain- 
ing of  such  time  and  place.  (1897,  chapter  115,  30; 
R.   C.   1899,   3032.) 

Hearing  evidence.  §  4345.  Upon  such  hearing  so  pro- 
vided for.  the  said  commissioners  shall  receive  whatever 
evidence,  statements  or  arguments  either  party  may  offer 
pertinent  to  the  matter  under  investigation;  and  the  bur- 
den of  proof  shall  not  be  held  to  be  upon  the  person  or 
persons  making  the  complaint,  but  the  commissioners 
shall  add  to  the  showing  made  at  such  hearing  whatever 
Information  they  may  then  have,  or  can  secure  from  any 
source  whatsoever,  and  the  person  or  persons  complain- 
ing shall  be  entitled  to  introduce  any  published  schedule 
of  rates  of  any  railroad,  railroad  corporation  or  common 
carrier  or  evidence  of  rates  actually  charged  by  any 
railroad,  railroad  corporation  or  common  carrier  for  sub- 
stantially the  same  kind  of  service,  whether  in  this  or  in 
any  other  State,  and  the  lowest  rate  published  or  charged 
by  any  railroad,  railroad  corporation  or  common  carrier 
for  substantially  the  same  kind  of  service,  whether  in 
this  State  or  in  any  ether  State,  shall,  at  the  instance 
of  the  person  or  persons  complaining,  be  accepted  as 
prima  facie  evidence  of  a  reasonable  rate  for  the  serv- 
'  ices  under  investigation,  and  if  the  railroad,  railroad 
;  corporation  or  common  carrier  complained  of  is  operating 
a  line  of  railroad  beyond  the  State  of  North  Dakota,  or 
if  it  appears  that  it  has  a  traffic  arrangement  with  any 
such  railroad,  railroad  corporation  or  common  carrier, 
then  the  commissioners  in  determfning  what  is  a  rea- 
sonable rate  shall  take  into  consideration  the  charge 
made,  or  rate  established  by  said  railroad,  railroad  cor- 
rK)ration  or  common  carrier,  or  the  company  with  which 
*  has  traffic  arrangements  for  carrying  freight,  passen- 
rs  or  property  from  beyond  the  State  to  points  within 
:;;e   State,   and   from   within   the   State  to   points  beyond 


the  State;  and  if  such  company  be  operating  a  line  of 
railway  beyond  the  State,  they  shall  also  take  into  con- 
sideration the  rate  charged  or  established  for  a  sub- 
stantially similar  or  greater  service  by  such  company  in 
any  other  State  in  which  said  railroad,  railroad  corpora- 
tion or  common  carrier  operates  a  line  of  railway.  (1897, 
chapter  115,  31;  R.  C.  1899,  3033.) 

Decision.  §  4346.  After  such  hearing  and  investiga- 
tion the  said  commissioners  shall  fix  and  determine  the 
maximum  charge  to  be  thereafter  made  by  the  railroad, 
railroad  corporation  or  common  carrier  complained  of, 
and  the  said  commissioners  shall  render  their  decision 
in  writing,  and  shall  spread  the  same  at  length  in  the 
record  to  be  kept  for  that  purpose.  Such  decision  shall 
specifically  set  out  the  sums  or  rates  which  the  railroad, 
railroad  corporation  or  common  carrier,  so  complained  of, 
may  thereafter  charge  or  receive  for  the  service  therein 
named  and  include  a  classification  of  such  freight  or  prop- 
erty; and  the  said  commissioners  shall  not  be  limited  in 
their  said  decision  and  the  schedule  to  be  contained 
therein  to  the  specific  case  or  cases  complained  of.  but  It 
shall  be  extended  to  all  such  rates  between  points  in  this 
State  and  whatever  part  of  the  line  of  railway  of  such 
company,  railroad,  railroad  corporation  or  common  car- 
rier within  this  State  as  may  have  been  fairly  within 
the  scope  of  such  investigation;  and  any  such  decisions 
so  made  and  entered  en  record  of  said  commissioners,  in- 
cluding any  such  schedules  and  classifications,  shall,  when 
duly  authenticated,  be  received  and  held  in  all  suits 
brought  against  any  such  railroad,  railroad  corporation 
or  common  carrier  wherein  is  In  any  way  involved  the 
charges  of  any  such  railroad,  railroad  corporation  or  car- 
rier mentioned  in  said  decisions,  in  any  of  the  courts  of 
this  State,  as  prima  facie  evidence  that  the  rates  therein 
fixed  are  reasonable  maximum  rates,  the  same  as  the 
schedules  made  by  said  commissioners  as  provided  in 
§4343;  and  the  rates,  charges  and  classificatidns  so 
established,  after  such  hearing  and  investigation,  shall 
from  time  to  time  thereafter,  upon  complaint  duly  made, 
be  subject  to  revision  by  said  commissioners  the  same 
as  any  other  rates,  charges  and  classifications.  (1897, 
chapter  115,  32;    R.  C.  1899,  3034.) 

Decrees  of  commissioners  enforced.  §  4347.  The  Dis- 
trict Courts  of  this  State  shall  have  jurisdiction  to  enforce, 
by  proper  decrees,  injunctions  and  orders,  the  reasonable 
rulings,  orders  and  regulations  affecting  public  right, 
made  or  to  be  made  by  the  board  of  commissioners  of 
railroads,  such  as  are  now,  or  may  hereafter  be,  author- 
ized to  be  made  by  them  for  the  future  direction  and  ob- 
servance of  railroads,  railroad  corporations  or  common 
carriers  in  this  State.  The  proceedings  shall  be  by 
equitable  action  in  the  name  of  the  State  of  North  Da- 
kota, and  shall  be  permitted  by  the  attorney-general, 
whenever  advised  by  the  board  of  commissioners  of  rail- 
roads that  any  railroad,  railroad  corporation  or  common 
carrier  is  violating  and  refusing  to  comply  with  any 
rule,  order  or  regulation  made  by  such  commissioners  of 
railroads,  and  applicable  to  such  railroad,  railroad  cor- 
poration or  common  carrier.  It  shall  be  the  duty  of  the 
court  in  which  any  cause  shall  be  pending  to  require  the 
issues  to  be  made  up  at  the  first  term  of  the  court  to 
which  the  cause  is  brought,  which  shall  be  the  trial  term, 
and  to  give  the  same  precedence  over  other  civil  busi- 
ness. If  the  court  shall  find  that  such  passenger  fare, 
freight  or  express  rate,  rule,  regulation  or  order  is  rea- 
sonable and  just,  and  that  in  refusing  compliance  there- 
with said  railroad  company,  railroad  corporation  or  com- 
mon carrier  is  failing  and  omitting  the  performance  of 
any  public  duty  or  obligation,  the  court  shall  decree  a 
mandatory  and  perpetual  injunction  compelling  obedience 
to  and  compliance  with  such  rule,  fare,  rate,  order  or 
regulation  by  said  railroad,  railroad  corporation  or  com- 
mon carrier  or  its  ofldcers,  agents,  servants  and  employes 
and  may  grant  such  other  relief  as  may  be  deemed  just 
and  proper  with  costs.  All  violations  of  such  decree  shall 
render  the  company,  person,  officers,  agents,  servants 
and  employes,  who  are  in  any  manner  instrumental  in 
such  violation,  guilty  of  conteihpt  of  court,  and  the  court 
may  punish  such  contempt  by  fine  not  exceeding  $1,000 
for  each  offense,  or  may  imprison  the  person  guilty  of 
contempt  until  he  shall  sufficiently  purge  himself  tliere- 
from.     And    such    decree   shall    continue   and    remain    in 


1036 


National  Association  of  Railway  Commissioners 


effect  and  be  enforced  until  the  rule,  fare  or  rate,  order 
or  regulation  sliall  be  modified  or  vacated  by  the  board 
of  commissioners  of  railroads.  (1897,  chapter  115,  11; 
R.  C.  1899,  3035.) 

Compensation  of  attorney^Costs.  §  4348.  The  attor- 
ney-general is  hereby  authorized,  in  case  he  shall  deem 
it  necessary  so  to  do  in  order  to  enforce  the  provisions 
of  this  article,  to  employ  an  attorney  to  assist  him  in 
any  proceedings  brought  under  this  article,  and  such 
attorney  shall  be  paid  from  the  general  fund  of  the 
State  of  North  Dakota  for  his  services  an  amount  to  be 
approved  by  the  attorney-general  and  the  board  of  rail- 
road commissioners,  and  all  necessary  and  usual  costs 
of  actions  brought  by  the  attorney-general  under  this 
article  shall  be  itemized  and  paid  from  said  fund  upon 
his  approval.  Whenever  a  decree  shall  be  entered 
against  a  railroad,  railroad  corporation,  common  carrier 
or  person  under  §  4347,  the  court  shall  render  judgment 
for  costs,  including  a  reasonable  attorney's  fee  for  counsel 
representing  the  State  in  said  case,  and  said  judgment 
shall  be  enforced  by  execution.  (1897,  chapter  115, 
§§   12,  13;    R.   C.   1899,   §   3036.) 

Liability  for  neglect  of  duty — Treble  damages.  §  4349. 
In  case  any  railroad,  railroad  corporation  or  common 
carrier,  subject  to  the  provisions  of  this  article,  shall  do, 
cause  to  be  done  or  permit  to  be  done  any  act,  matter 
or  thing  in  this  article  prohibited,  or  declared  to  be  un 
lawful,  or  shall  omit  to  do  any  act,  matter  or  thing  in 
this  article  required  to  be  done,  it  shall  be  liable  to  the 
person  or  persons  injured  thereby  for  three  times  the 
amount  of  damages  sustained  in  consequence  of  any  vio- 
lation of  the  provisions  of  this  article,  together  with 
costs  of  suit  and  a  reasonable  counsel  or  attorney's  fee, 
to  be  fixed  by  the  court  in  which  the  same  Is  heard  on 
appeal  or  otherwise,  which  shall  be  taxed  and  collected 
as  part  of  the  costs  in  the  case;  provided,  that  in  all 
cases  demand  in  writing  on  said  railroad,  railroad  cor- 
poration or  common  carrier  shall  be  made  for  the 
money  damages  sustained  before  suit  is  brought  for  re- 
covery under  this  section,  and  that  no  suit  shall  be 
brought  until  the  expiration  of  15  days  after  such  de- 
mand.     (1897.   chapter   115,   5    21;    R.   C.   1899,   §   3037.) 

Remedy — Evidence.  §  4350.  Any  person  or  persons 
Claiming  to  be  damaged  by  any  railroad,  railroad  corpora- 
tion or  common  carrier,  subject  to  the  provisions  of  this 
article,  may  either  make  complaint  to  the  board  of  com- 
missioners of  railroads  of  this  State,  who  may  bring  suit 
in  their  own  name  when  they  deem  it  advisable,  or  such 
person  or  persons  may  bring  suit  in  his  or  their  own  behalf 
for  the  recovery  of  damages  for  which  any  such  railroad, 
railroad  corporation  or  common  carrier  may  be  liable,  un- 
der the  provisions  of  this  article,  in  any  court  of  this  State 
of  competent  jurisdiction;  but  such  person  or  persons  shall 
not  have  the  right  to  pursue  both  of  said  remedies  at  the 
same  time.  In  any  such  action  brought  for  the  recovery  of 
damages,  the  court  before  whom  the  same  shall  be  pending 
may  compel  any  director,  officer,  receiver,  trustee  or  agent 
of  the  defendant  in  such  suit  to  attend,  appear  and  testify 
in  such  case  and  may  compel  the  production  of  the  books 
and  papers  of  such  railroad,  railroad  corporation  or  com- 
mon carrier  party  to  any  such  suit;  the  claim  that  any 
such  testimony  or  evidence  may  tend  to  criminate  the  per- 
son giving  such  evidence  or  testimony  shall  not  be  used 
against  such  person  In  any  way,  on  the  trial  of  any  crim- 
inal proceedings.     (1897,  ch.  115,  22;  R.  C.  1899,  3038.) 

Appeals — Power  of  court  to  modify  orders  appealed 
from.  §  4351.  Any  railroad,  railroad  corporation  or  com- 
mon carrier  subject  to  the  provisions  of  this  article  or  any 
other  person  interested  in  the  order  made  by  the  commis- 
sioners of  railroads  may  appeal  to  the  District  Court  of  the 
proper  county  in  the  judicial  district  of  this  State  from 
which  the  complaint  arose,  and  which  is  the  subject  and 
basis  of  the  order,  from  any  order  made  by  the  commis- 
sioners of  railroads  regulating  or  fixing  its  tariffs  of 
rates,  fares,  charges  or  classifications,  or  from  any  other 
order  made  by  said  commissioners  under  the  provisions  oC 
this  article,  by  serving  a  notice  in  writing  upon  the  secre- 
tary of  said  commissioners,  or  any  one  of  said  commis- 
sioners, within  20  days  after  such  railroad,  railroad  cor- 
poration or  common  carrier  shall  receive  notice  from  such 
commissioners  of  the  making  and  entry  of  such  order. 
If  the  order  appealed  from  does  not  regulate  or  fix  the 
tariff  of  rates,  fares  or  charges,  the  District  Court  to  which 


the  appeal  is  taken  may  in  its  discretion  suspend  the  oper- 
ation and  effect  of  the  order  appealed  from,  pending  such 
appeal.  The  District  Courts  of  this  State  shall  be  deemed 
to  be  always  in  session  for  the  purpose  of  hearing  and 
determining  all  appeals  taken  under  the  provisions  of  this 
article.  The  party  taking  such  appeal  may  bring  the  same 
on  for  hearing  and  determination  at  any  time  after  taking 
such  appeal,  upon  serving  a  notice  to  that  effect  upon  any 
one  of  the  commissioners  or  their  secretary  at  least  10  days 
prior  to  the  day  set  for  such  hearing.  The  District  Court 
shall,  upon  the  hearing  of  such  appeal,  receive  and  consider 
such  evidence  as  may  be  adduced  by  either  party  and  shall 
rescind,  modify  or  alter  said  order  appealed  from  in  such 
manner  as  may  be  equitable  and  just.  Any  railroad,  rsill- 
road  corporation,  common  carrier,  the  commissioners  of 
railroads  or  any  party  interested  in  the  decision  of  said 
court  may  appeal  from  the  decision  of  the  District  Court 
to  the  Supreme  Court  of  this  State  by  serving  a  notice  of 
such  appeal  upon  the  opposite  party  within  20  days 
after  the  rendition  of  such  decision  and  service  of  notice 
thereof.  For  the  purpose  of  hearing  such  appeal  the  i3u- 
preme  Court  shall  be  deemed  to  be  in  session,  and  appeals 
to  it  may  be  heard  summarily  by  either  party  serving  upon 
the  other  a  notice  of  hearing  at  least  15  days  befjre 
the  day  fixed  for  such  hearing.  When  evidence  has  been 
taken  before  the  District  Court  such  evidence  shall  be 
signed  by  the  judge  of  said  District  Court,  the  party  i  re- 
senting such  evidence  to  said  judge  for  signature,  giv  ng 
the  other  party  five  days'  notice  of  the  time  and  place  for 
such  presentation.  The  evidence  signed  as  aforesaid  st  all 
become  a  part  of  the  record  in  the  case  and  upon  an  app3al 
to  the  Supreme  Court  being  taken  as  hereinbefore  men- 
tioned, shall  be  transmitted  by  the  clerk  of  the  Disti  ict 
Court  to  the  Supreme  Court,  together  with  all  records  :  nd 
files  in  the  case.  The  Supreme  Court  may  reverse,  affirm 
or  modify  the  decision  of  the  District  Court  as  may  se  ;m 
equitable  and  just.     (1897,  ch.  115,  22;  R.  C.  1889,  3039.) 

Penalty  against  individuals.  §  4352.  Except  as  otl  er- 
wise  specially  provided  in  this  article,  and  unless  relie-  ed 
from  the  consequence  of  a  violation  of  the  law,  as  provi(  ed 
in  §  4357,  any  railroad,  railroad  corporation  or  comn  on 
carrier  subject  to  the  provisions  of  this  article,  or  any  dii  ee 
tor  or  officer  thereof,  or  any  receiver,  trustee,  lessee,  ag  nt 
or  person  acting  for,  or  employed  by  it  who  alone  or  •«  ith 
any  other  corporation,  company,  person  or  party  shall  ■■  11- 
fully  do,  or  cause  to  be  done,  or  shall  willingly  suffer  or  ]  er- 
mit  to  be  done  any  act,  matter  or  thing  in  this  art  cle 
prohibited  or  declared  to  be  unlawful  or  who  shall  aid  i  nd 
abet  therein,  or  shall  wilfully  omit  or  fail  to  do  any  ;  ct, 
matter  or  thing  in  this  article  required  to  be  done  or  si  all 
cause  or  willingly  suffer,  or  permit  any  act,  matter  or 
thing  so  directed  or  required  by  this  article  to  be  d(  ne, 
not  to  be  so  done,  or  shall  aid  or  abet  any  such  omiss  on, 
or  failure,  or  shall  be  guilty  of  any  infraction  of  this  a  rtl- 
cle,  or  shall  aid  or  abet  therein,  shall  be  deemed  guilty  <  f  a 
misdemeanor  and  shall,  upon  conviction  thereof  in  my 
District  Court  of  this  State  of  competent  jurisdiction,  be 
subject  to  a  fine  of  not  to  exceed  $5,000  and  not  less  t  lan 
$500  for  each  offense.  (1897,  ch.  115,  §23;  R.  C.  1  99, 
§3040.) 

Inquiry  by  aommissioners.  §  4353.  It  shall  be '  the 
duty  of,  and  the  board  of  railroad  commissioners  of  his 
State  shall  have  the  authority  to,  inquire  into  the  n  an- 
agement  of  the  business  of  all  railroads,  railroad  corp  (ra- 
tions and  common  carriers  subject  to  the  provisions  of  his 
article,  and  shall  keep  itself  informed  as  to  the  mar  ner 
and  method  in  which  the  same  is  conducted,  and  s  lall 
have  the  right  to  obtain  from  them  full  and  complete  in- 
formation necessary  to  enable  the  said  commissioneri;  to 
perform  the  duties  and  carry  out  the  objects  for  wliich  J 
said  board  was  created  and  which  are  contemplated  by  this  j 
article;  and  for  the  purpose  of  this  article  the  said  (om-j 
missioners  shall  have  power  to  require  the  attendance  ] 
and  testimony  of  witnesses  and  the  production  of  books, 
papers,  tariff's,  schedules,  contracts,  agreements  and  docu- 
ments relating  to  any  matter  under  investigation,  anil  to 
that  end  may  Invoke  the  aid  of  any  court  of  competent 
jurisdiction  in  this  State  in  requiring  the  attendance  and 
testimony  of  witnesses  and  the  production  of  books,  papers 
and  documents  under  the  provisions  of  this  section.  (1897, 
ch.  115,  24;    R.  C.  1899,  3041.) 

Proceedings  lohen  subpcfnas  disobeyed.  §  4354.  Any 
court  of  this  State  within  the  jurisdiction  of  which  such 
inquiry  is  carried  on,  shall,  in  case  of  contumacy,  or  re- 


Public  Seevioe  Laws 


1037 


fusal  to  obey  a  subpoena,  or  other  process  issued  to  any 
railroad,  railroad  corporation  or  common  carrier  or  person 
subject  to  the  provisions  of  this  article,  or  other  persons, 
issue  an  order  requiring  such  railroad,  railroad  corpora- 
tion, common  carrier  or  other  person  to  appear  uefore  said 
commisisoners  (and  produce  books  and  papers  it  so  or- 
dered), and  give  evidence  touching  or  in  relation  to  the 
matter  in  question;  and  any  failure  to  obey  such  order  of 
the  court  shall  be  punished  by  such  court  as  a  contempt 
thereof;  the  claim  that  any  such  testimony  or  evidence 
may  tend  to  criminate  the  person  giving  such  evidence 
shall  not  excuse  such  person  or  witness  from  testifying; 
but  such  evidence  or  testimony  shall  not  be  used  against 
such  person  on  the  trial  of  any  criminal  proceeding.  (1897, 
ch.  115,  24;   R.  C.  1899,  3042.) 

Complaint.  §  4355.  Any  person,  firm,  corporation  or 
association,  or  any  mercantile,  agricultural  or  manufactur- 
ing society,  or  any  body  politic  or  municipal  organization, 
complaining  of  anything  done,  or  omitted  to  be  done,  by 
any  railroad,  railroad  corporation  or  common  carrier  sub- 
ject to  the  provisions  of  this  article,  in  contravention  of 
the  provisions  thereof,  may  apply  to  said  commissioners 
by  petition  which  shall  briefly  state  the  facts,  whereupon  a 
statement  of  the  complaint  thus  made  with  the  damages, 
if  any  are  alleged,  shall  be  forwarded  by  the  said  commis- 
sioners to  such  railroad,  railroad  corporation  or  common 
carrier,  who  shall  be  called  upon  to  satisfy  the  complaint, 
or  to  answer  the  same  in  writing  within  a  reasonable 
time  to  be  specified  by  the  commissioners.  If  such  rail- 
road, railroad  corporation  or  common  carrier  within  the 
time  specified  shall  make  reparation  for  the  injury  alleged 
to  have  been  done,  or  shall  correct  the  wrong  complained  of, 
it  shall  be  relieved  of  liability  to  the  complainant  only  for 
the  particular  violation  of  law  thus  complained  of.  If  it 
shall  not  satisfy  the  complaint,  within  the  time  specified. 
or  there  shall  appear  to  be  any  reasonable  ground  for  in- 
vestigating said  complaint,  it  shall  be  the  duty  of  said 
commissioners  to  investigate  the  matters  complained  of  in 
such  manner  and  by  such  means  as  said  commissioners 
shall  deem  proper,  and  said  commissioners  whenever  they 
may  have  sufficient  reason  to  believe  that  any  railroad, 
railroad  corporation  or  common  carrier  is  violating  any  of 
the  provisions  of  this  article  shall  at  once  institute  an 
Inquiry  in  the  same  manner,  and  to  the  same  effect,  as 
though  complaint  had  been  made.  No  complaint  shall  at 
any  time  be  dismissed  because  of  the  absence  of  direct 
damage  to  the  complainant  or  petitioner.  (1897,  ch.  115, 
25;   R.  C.  1899,  3043.) 

Findings  of  hoard  in  xcriting.  §  4356.  Whenever  an  In- 
vestigation shall  be  made  by  said  commissioners,  as  pro- 
vided by  this  article,  it  shall  be  their  duty  to  make  a  re- 
port in  writing  in  respect  thereto,  which  shall  include  the 
findings  of  fact  upon  which  the  conclusions  of  the  com- 
missioners are  based,  together  with  its  or  their  recom- 
mendation or  orders  as  to  what  reparation,  if  any,  should 
be  made  by  the  railroad,  railroad  corporation  or  common 
carrier  to  any  party  or  parties,  who  may  be  found  to  have 
been  injured;  and  such  finding  so  made  shall  thereafter  in 
all  judicial  proceedings  be  deemed  and  taken  as  prima 
facie  evidence  as  to  each  and  every  fact  found.  All  re- 
ports or  investigations  made  by  such  commissioners  shall 
be  entered  of  record,  and  a  copy  thereof  shall  be  furnished 
to  the  party  who  may  have  complained,  and  any  other  per- 
son directly  interested,  and  to  any  railroad,  railroad  cor- 
poration or  common  carrier  that  may  have  been  complained 
of.     (1897,  ch.  115,  §  26;  R.  C.  1899,  3044.) 

Report  to  common  carrier,  if  findings  against.  §  4357. 
If  in  any  case  in  which  an  Investigation  shall  be  made  by 
said  commissioners  it  shall  be  made  to  appear  to  the  sat- 
isfaction of  the  commissioners,  either  by  the  testimony  of 
witnesses  or  other  evidence,  that  anything  has  been  done 
or  omitted  to  be  done  in  violation  of  the  provisions  of  this 
article,  or  of  any  law  cognizable  by  said  commissioners,  by 
any  railroad,  railroad  corporation  or  common  carrier,  or 
that  any  injury  or  damages  have  been  sustained  by  the 
party  or  parties  complaining,  or  by  other  parties  aggrieved. 
In  consequence  of  any  such  violation  it  shall  be  the  duty 
of  said  commissioners  forthwith  to  cause  a  copy  of  their 
report  in  respect  thereto  to  be  delivered  to  such  railroad, 
railroad  corporation  or  common  carrier,  together  with  a 
notice  to  said  railroad,  railroad  corporation  or  common 
carrier,  to  cease  and  desist  from  such  violation,  or  to  make 
reparation  for  the  injury  so  found  to  have  been  done,  or 
both,  within  a  reasonable  time  to  be  specified  by  the  com- 


missioners; and  if  within  the  time  specified  it  shall  be 
made  to  appear  to  the  commissioners  that  such  railroad, 
railroad  corporation  or  common  carrier  has  ceased  from  vio- 
lation of  such  law,  and  has  made  reparation  for  the  injury 
found  to  have  been  done,  in  compliance  with  the  report 
and  notice  of  the  commissioners,  or  to  the  satisfaction  of 
the  party  complaining,  a  statement  to  that  effect  shall  be 
entered  of  record  by  the  commissioners,  and  the  said  rail- 
road, railroad  corporation  or  common  carrier  shall  there- 
upon be  relieved  from  further  liability  or  penalty  for  such 
particular  violation  of  law.  (1897,  ch.  115,  §  27;  R.  C.  1899, 
3045.) 

Enforcement  of  orders.  §  4358.  Whenever  any  railroad, 
railroad  corporation  or  common  carrier,  subject  to  the  pro- 
visions of  this  article,  shall  violate  or  refuse  or  neglect  to 
obey  any  lawful  order  as  to  passenger,  freight  or  property 
rates  or  fares,  or  as  to  any  requirement  of  the  said  board  of 
commissioners  of  railroads,  it  shall  be  the  duty  of  said  com- 
missioners, and  lawful  for  any  company  or  person  interested 
in  such  order  or  requirement,  to  apply  in  a  summary  way 
by  petition  to  the  District  Court  in  any  county  of  thiii 
State  in  which  the  railroad,  railroad  corporation  or  common 
carrier  complained  of  has  its  principal  office,  or  in  any 
county  through  which  its  line  or  road  passes  or  is  operated, 
or  in  which  the  violation  or  disobedience  of  such  order  or 
requirement  shall  happen,  alleging  such  violation  or  dis- 
obedience as  the  case  may  be.  (1897,  ch.  115,  §28;  R.  C. 
1899,  §  3046.) 

Power  of  court.  §  4359.  The  said  court  shall  have  power 
to  hear  and  determine  the  matter,  on  such  notice  to  the 
party  complained  of  as  the  court  shall  deem  reasonable; 
and  such  notice  may  be  served  on  such  party,  his  or  its 
officers,  agents  or  servants,  in  such  manner  as  the  court 
shall  direct;  and  said  court  shall  proceed  to  hear  and  de- 
termine the  matter  speedily  as  a  court  of  equity,  and  with- 
out the  formal  pleadings  and  proceedings  applicable  to 
ordinary  suits  in  equity,  but  in  such  manner  as  to  do  jus- 
tice in  the  premises;  and  to  this  end  such  court  shall  have 
power,  if  it  think  fit,  to  direct  and  prosecute,  in  such 
mode  and  by  such  persons  as  it  may  appoint,  all  such  in- 
quiries as  the  court  may  think  needful  to  enable  it  to 
form  a  just  judgment  in  the  matter  of  such  petition;  and 
on  such  hearing  the  report  of  said  commissioners  shall  be 
prima  facie  evfdence  of  the  matter  therein,  or  in  any  order 
made  by  them  stated.  (1897,  ch.  115,  §28;  R.  C.  1899, 
§3047.) 

Further  powers — Appeals  to  Supreme  Court.  §  4360.  If 
it  be  made  to  appear  to  such  court  on  such  hearing,  or  on 
the  report  of  any  such  person  or  persons,  that  the  order 
or  requirement  of  said  commissioners  drawn  in  the  ques- 
tion has  been  violated  or  disobeyed,  it  shall  be  the  duty  of 
such  court  to  issue  a  writ  of  injunction,  or  other  proper 
process,  mandatory  or  otherwise,  to  restrain  each  railroad, 
railroad  corporation  or  common  carrier  from  further  con- 
tinuing such  violation  or  disobedience  of  such  order  or 
requirement  of  said  commissioners  and  enjoining  obe- 
dience to  the  same;  and  in  case  of  any  disobedience  of  any 
such  writ  of  Injunction  or  other  proper  process  mandatory 
or  otherwise,  it  shall  be  lawful  for  such  courts  to  Issue 
writs  of  attachment,  or  any  other  process  of  said  court  in- 
cident or  applicable  to  writs  of  injunction  or  other  proper 
process,  mandatory  or  otherwise,  against  such  railroad, 
railroad  corporation  or  common  carrier  or  against  one  or 
more  of  the  directors,  officers  or  agents  of  the  same,  or 
against  any  owner,  lessee,  trustee,  receiver  or  other  per 
son  falling  to  obey  such  writ,  writ  of  Injunction  or  other 
proper  process,  mandatory  or  otherwise;  and  said  court 
may,  if  it  shall  think  fit,  make  an  order  directing  such 
railroad,  railroad  corporation  or  common  carrier  or  other 
person  so  disobeying  such  writ  of  injunction  or  other  proc- 
ess, mandatory  or  otherwise,  to  pay  such  sum  of  money 
not  exceeding  for  each  corporation,  carrier  or  person  in 
default,  the  sum  of  $1,000  for  every  day  after  a  day  to  be 
named  in  the  order  that  such  corporation,  carrier  or  other 
person  shall  fail  to  obey  such  injunction  or  other  proper 
process,  mandatory  or  otherwise;  and  such  moneys  shall, 
upon  the  order  of  the  court,  be  paid  into  the  treasury  of  the 
county  in  which  the  action  was  commenced,  and  one-half 
thereof  shall  be  transferred  by  the  county  treasurer  to  the 
State  treasury  and  the  payment  thereof  may,  without 
prejudice  to  any  other  mode  of  recovering  the  same,  be  en- 
forced by  attachment  or  order,  in  the  nature  of  a  writ  of 
execution,  in  like  manner  as  if  the  same  had  been  recov- 
ered by  a  final  decree  in  personam  in  such  court,  saving 


1038 


National  Association  of  Raixwat  Commissioners 


to  the  commissioners  and  any  other  party  or  person  inter- 
ested the  right  to  appeal  to  the  Supreme  Court  of  the  State 
under  the  same  regulations  now  provided  by  law  in  rela- 
tion to  appeals  to  said  court  as  to  security  for  such  appeal, 
except  that  in  no  case  shall  security  for  such  appeal  be 
required  when  the  same  is  taken  by  said  commissioners; 
but  no  appeal  to  said  Supreme  Court  shall  operate  to  stay 
or  supersede  the  order  of  the  court,  or  the  execution  of  any 
writ  or  process  thereon;  and  such  court  may  in  every  such 
matter  order  the  payment  of  such  costs  and  attorney  fees 
as  shall  be  deemed  reasonable.  (1897,  ch.  115,  §ii8;  R.  C. 
1899,  §3048.) 

Attorney-general  to  prosecute.  §  4361.  Whenever  any 
such  petition  shall  be  filed  or  presented,  or  be  prosecuted  by 
the  said  commissioners,  or  by  their  direction,  it  shall  be  the 
duty  of  the  attorney-general  of  the  State  to  prosecute  the 
same,  and  in  such  prosecution  he  shall  have  the  right  to 
have  the  assistance  of  any  State's  attorney  of  the  county 
in  which  any  such  proceedings  are  instituted,  and  it  Is 
hereby  made  the  duty  of  any  such  State's  attorney  to 
render  such  assistance;  and  the  costs  and  expenses  on  the 
part  of  said  commissioners  of  any  such  prosecution,  or 
proceeding  In  court,  shall  be  paid  out  of  the  general  fund 
of  the  State  under  the  approval  of  the  attorney-general, 
governor,  and  State  auditor.  (1897,  ch.  115,  §  28;  R.  C. 
1899,  §  3049.) 

Proceedings  of  commissioners.  §  4362.  The  said  board 
of  commissioners  of  railroads  may  in  all  cases  conduct  its 
proceedings  when  not  otherwise  particularly  prescribed  by 
law,  in  such  manner  as  will  best  conduce  to  the  proper  dis- 
patch of  business,  and  to  the  ends  of  justice.  A  majority  of 
the  commissioners  shall  constitute  a  quorum  for  the  trans- 
action of  business,  but  no  commissioner  shall  participate 
in  any  hearing  or  proceeding  In  which  he  has  any  direct 
personal  pecuniary  interest.  Said  commissioners  may  from 
time  to  time  make  or  amend  such  general  rules  or  orders  as 
may  be  requisite  for  the  order  and  regulation  of  proceed- 
ings before  them,  including  forces  or  notice  and  the  service 
thereof,  which  shall  conform  as  nearly  as  may  be  to  those 
in  use  in  courts  of  this  State.  Any  party  may  appear  be- 
fore said  board  of  commissioners  and  be  heard  In  person 
or  by  attorney.  Every  vote  and  oflScial  action  of  said 
board  of  commissioners  shall  be  entered  of  record  and  its 
proceedings  shall  be  public  upon  the  request  of  either  party 
of  any  person  interested.  Said  board  of  commissioners  of 
railroads  shall  have  an  official  seal,  which  shall  be  judi- 
cially noticed,  and  every  commissioner  shall  have  the  right 
to  administer  oaths  and  affirmations  in  any  proceeding 
pending  before  said  board.  (1897,  ch.  115,  §  33;  R.  C.  1899. 
§  3050.) 

Annual  report.  §  4363.  The  said  commissioners  of  rail- 
roads shall,  on  or  before  the  first  Monday  in  December 
in  each  year,  make  a  report  to  the  governor  of  their 
doings  for  the  preceding  year,  containing  such  facts, 
statements  and  explanations  as  will  disclose  the  work- 
ings of  the  system  of  railroad  transportation  in  this 
State,  and  its  relation  to  the  general  business  and  pros- 
perity of  the  citizens  of  the  State,  and  such  suggestions 
and  recommendations  in  respect  thereto  as  may  to  them 
seem  appropriate.  Said  report  shall  also  contain,  as  to 
every  railroad,  railroad  corporation  or  common  carrier 
doing  business  in  this  State: 

1.  The  total  number  of  miles  of  main  line  and 
branches  owned  or  operated. 

2.  The  total  number  of  miles  of  main  line  and 
branches  owned  or  operated  in  each  county  within  this 
State. 

3.  The  total  mileage  of  sidetracks  within  each  county 
or  taxing  district  In  this  State. 

4.  The  amount  of  its   capital   stock  issued. 

5.  The   amount   paid   therefor. 

6.  The  manner  of  the  payment  of  the  same. 

7.  The  dividends  paid. 

8.  The  surplus  fund,  If  any. 

9.  The   number   of   stockholders. 

10.  The  amount  of  its  preferred  stock.  If  any,  and 
the   condition   of  its   preferment. 

11.  The  amount  of  its  funded  debt  and  the  rate  of 
Interest   paid   thereon. 

12.  The  amount  of  its  floating  debt  and  the  interest 
paid  thereon. 

13.  The  amcunt  expended  for  Improvements  each  year. 


and  how  and  where  expended,  and  the  character  of  the 
improvement  made. 

14.  The  earnings  and  receipt  from  each  branch  of 
its  business  and  from  all  sources. 

15.  The  operating  and  other  expenses. 

16.  The  balances  of  profits   and  losses. 

17.  The  cost  and  actual  present  cash  value  of  its 
franchises,  road  and  equipment.  Including  permanent 
way,  buildings  and  rolling  stock,  all  real  estate  used  ex- 
clusively in  operating  the  road,  and  all  fixtures  and  con- 
veniences  for  transacting  Its   business. 

18.  The  estimated  value  of  all  other  property  owned 
by  such  corporation  with  a  schedule  of  the  same,  not 
including  lands  granted  in  aid  of  its  construction. 

19.  The  number  of  acres  originally  granted  In  aid 
of  construction  of  Its  road  by  the  United  States  or  by 
this  State,  the  number  of  acres  of  such  land  remaining 
unsold. 

20.  A  classified  list  of  its  officers  and  directors,  with 
their  respective  places  of  residence  and  the  salaries  paid 
to  each  class. 

21.  The  number  of  Its  employes,  classified,  and  the 
salaries  paid  each   class. 

22.  The  average  amount  of  tonnage  that  can  be  car- 
ried over  each  road  in  the  State  with  an  engine  of  given 
power. 

Such  additional  statistics  of  the  road  and  of  its  tra  is- 
portatlon  business  for  the  year  as  may,  in  the  judgm*  nt 
of  the  commissioners,  be  necessary  and  proper  for  the  in- 
formation of  the  legislative  assembly,  or  as  may  be  -e- 
quired  by  the  governor.  Such  reports  shall  exbibit  a  ad 
refer  to  the  condition  of  such  corporation  and  the  details 
of  its  transportation  business  transacted  during  the  ytar 
ending  June  30.  To  enable  said  commissioners  to  matte 
such  a  report,  the  president  or  managing  officer  of  ea  :h 
railroad,  railroad  corporation  or  common  carrier  dol  ig 
business  in  this  State  shall  annually  make  to  the  si  Id 
commissioners,  on  the  fifteenth  day  of  the  month  of 
July,  such  returns  In  the  form  which  they  may  prescri  )e 
as  will  afford  the  information  required  for  their  said  o  fl- 
cial  report;  such  returns  shall  be  verified  by  oath  of  t  le 
officer  making  them,  and  any  railroad,  railroad  corpo:  a- 
tion  or  common  carrier  whose  return  shall  not  be  ma  lo 
as  herein  prescribed  by  the  fifteenth  day  of  July  sh  11 
be  liable  to  a  fine  of  $500  for  each  and  every  day  aft  it 
the  sixteenth  day  of  July  that  such  returns  shall  be  ■«  il 
fully  delayed  or  refused.  (1897,  chapter  115,  2,  3;  R. 
1899,    3051.)  j 

Examination  of  books  of  officers.  §  4364.  The  at 
commissioners  shall  have  power,  in  the  discharge  of  t  le 
duties  of  their  office,  to  examine  any  of  the  books,  pap«  rs 
or  documents  of  any  such  person,  company  or  corpo:  a- 
tion  thereof,  and  any  person  who  may  wilfully  obstri  ct 
said  commissioners  in  the  performance  of  their  dutli  s, 
or  who  may  refuse  to  give  any  Information  within  1  is 
possession  that  may  be  required  by  said  commissionf  rs 
within  the  line  of  their  duty,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall  be  liable,  on  conviction  there  if, 
to  a  fine  not  exceeding  $1,000,  in  the  discretion  of  t  le 
court.     (1897,  chapter  115,  4;   R.  C.  1899,  3052.) 

Special  reports.  §4365.  The  commissioners  of  rail- 
roads are  hereby  authorized  to  require  of  any  and  ;11 
railroads,  railroad  corporations  and  common  carrie  s, 
subject  to  the  provisions  of  this  article,  such  special  :  e- 
ports,  besides  the  annual  reports  hereinbefore  requin  d, 
as  in  the  judgment  of  such  commissioners  shall  be  deem  ?d 
necessary  and  reasonable.  Such  special ,  reports  shall  be 
in  such  form  and  concerning  such  subjects  and  be  frcm 
such  sources  as  the  commissioners  shall  require,  except 
as  otherwise  provided  herein.  The  time  when  sujh 
special  report  shall  be  filed  shall  be  fixed  by  the  cc|^ 
missloners  of  railroads.  Any  railroad,  railroad  corpallB 
tion  or  common  carrier  subject  to  the  provisions  of  tllP 
article  which  shall  fail,  neglect  or  refuse  to  make  any  of 
the  special  reports  provided  for  herein  by  the  date  fixed 
by  the  commissioners  of  railroads  shall  be  subject  :o, 
and  pay  a  penalty  in  the  sum  of  $100  for  each  and  evi 
day  of  delay  in  making  such  reports  after  the  date  fl: 
(1897.  chapter  115,  34;   R.  C.  1899,  3053.) 

Special  reports  biennially.  §  4366.  It  shall  also  at  si 
times  as  the  governor  shall  direct  examine  any  partlcu' 
subject  connected  with  the  condition  and  management  of 


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siicli'  railroads  and  report  to  him  in  writing  its  opinion 
ihereon  with  its  reasons  therefor.  Such  board  shall  also 
investigate  and  consider  what,  if  any,  amendment  or  re- 
vision of  the  railroad  laws  of  the  State  the  best  Inter- 
ests of  the  State  demand,  and  it  shall  make  a  special 
biennial  report  on  such  subject  to  the  governor.  All 
such  reports  made  to  the  governor  shall  be  by  him  trans- 
mitted to  the  legislative  assembly  at  the  earliest  prac- 
ticable time.     (1890,  chapter  122,  §  18b;  R.  C.  1899,  §  3054.) 

Semi-annual  reports  on  condition  o/  bridges  and  ferries. 
§  4367.  Every  railroad,  bridge  corporation  or  ferry  com- 
pany doing  business  in  this  State  shall  make  semi-annual 
reports  in  each  year  to  the  commissioners  of  railroads  as 
to  the  safety  of  their  bridges  and  ferries.  Whenever  in 
the  judgment  of  the  commissioners  of  railroads  it  shall 
aiipear  that  any  railroads,  railroad  corporations  or  com- 
mcn  carrier  fails  in  any  respect  or  particular  to  comply 
nith  the  terms  of  its  charter  or  the  laws  of  the  State, 
or  whenever  in  their  judgment  any  repairs  are  neces- 
sary upon  its  road,  or  any  addition  to  its  rolling  stock,  or 
any  addition  to  or  change  of  its  stations  or  station 
houses,  or  any  change  in  its  rate  or  fares  for  transport- 
ing freight,  property  or  passengers,  or  any  change  in 
the  mode  of  operating  Its  road  and  conducting  Its  busi- 
ness, is  reasonable  and  expedient  in  order  to  promote 
the  security,  convenience  and  accommodation  of  the 
public,  said  commissioners  of  railroads  shall  inform  such 
railroad  corporation  of  the  improvements  and  changes 
which  they  adjudge  to  be  proper,  by  a  notice  thereof  In 
writing,  to  be  served  by  leaving  a  copy  thereof,  certified 
by  the  commissioners'  secretary,  with  any  station  agent, 
clerk,  treasurer  or  any  director  of  said  corporation,  and 
a  report  of  the  proceedings  shall  be  included  in  the  annual 
report  of  the  commissioners  to  the  governor.  Nothing 
in  this  section  shall  be  construed  as  relieving  any  rail- 
road company  or  railroad  corporation  from  its  present 
responsibility  or  liability  for  damage  to  person  or  prop- 
erty.    (1897.  chapter  1151;  R.  C.  1899,  3055.) 

Extortion — Penalty.  §  4368.  If  any  railroad,  railroad 
corporation  or  common  carrier,  subject  to  the  provi- 
sions of  this  article,  shall  charge,  collect,  demand,  or 
receive  more  than  a  fair  and  reasonable  rate  of  toll  or 
compensation  for  the  transportation  of  passengers,  prop- 
erty or  freight  of  any  description  or  for  the  use  and 
transportation  of  any  railroad  car  upon  Its  track,  or  any 
of  the  branches  thereof,  or  upon  any  railroad  within 
this  State  which  it  has  the  right,  license  or  permission 
to  use,  operate  or  control,  or  shall  make  any  unjust  and 
unreasonable  charge  prohibited  In  §  4327,  the  same  shall 
be  deemed  guilty  of  extortion,  and  shall  be  dealt  with 
as  hereinafter  provided,  and  If  any  such  railroad,  rail- 
road corporation  or  common  carrier  shall  be  found 
guilty  of  any  unjust  discrimination  as  defined  in  §  4334, 
upon  conviction  thereof,  shall  be  dealt  with  as  herein- 
after provided.  (1897,  chapter  115,  Par.  35;  R.  C.  1899, 
Par.  3056.) 

Discrimination — Punishment.  §  4369.  If  any  such  rail- 
road, railroad  corporation  or  common  carrier  shall  charge, 
collect  or  receive  for  transportation  of  any  passenger, 
property  or  freight  of  any  description  upon  its  railroad 
for  any  distance  within  this  State  a  greater  amount  of 
toll  or  compensation  than  is  at  the  same  time  charged, 
collected  or  received  for  transportation  in  the  same  di- 
rection of  any  passenger  or  like  quantity  of  property  or 
freight  of  the  same  class  over  a  greater  distance  of 
the  same  railroad;  or  If  it  shall  charge,  collect  or  re- 
ceive at  any  point  upon  its  railroad  a  higher  rate  of  toll 
or  compensation  for  receiving,  handling  or  delivering 
property  or  freight  of  the  same  class  and  quantity  than 
^hall  at  the  same  time  charge,  collect  or  receive  for 
transportation  of  any  passenger,  freight  or  property 
01  any  description  over  its  railroad  a  greater  amount  of 
toll  or  compensation  than  shall  at  the  same  time  be 
charged,  collected  or  received  by  It  for  the  transporta- 
tion of  any  passenger  or  like  quantity  of  property  or 
freight  of  the  same  class,  being  transported  In  the  same 
direction  over  any  portion  of  the  same  railroad  of  equal 
distance;  or  if  It  shall  charge,  collect  or  receive  from 
any  person  or  persons  a  higher  or  greater  amount  of  toll 
or  compensation  than  it  shall  at  the  same  time  charge, 
collect  or  receive  from  any  other  person  or  persons  for 
receiving,    handling   or    delivering   property    or    freight   of 


the  same  class  and  like  quantity,  at  the  same  point  upon 
its  railroad;  or  if  it  shall  charge,  collect  or  receive  from 
any  person  or  persons,  for  the  transportation  of  any 
property  or  freight  upon  its  railroad,  a  higher  or  greater 
rate  of  toll  or  compensation  than  It  shall  at  the  same 
time  charge,  collect  or  receive  from  any  other  person  or 
persons,  for  the  transportation  of  the  like  quantity  of 
property  or  freight  of  the  same  class,  being  transported 
from  the  same  point  In  the  same  direction  over  equal 
distance  of  the  same  railroad;  or  if  it  shall  charge,  col- 
lect or  receive  from  any  person  or  persons,  for  the  use 
and  transportation  of  any  railroad  car  or  cars  upon  Its 
railroad  for  any  distance,  a  greater  amount  of  toll  or 
compensation  than  is  at  the  same  time  charged,  collected 
or  received  from  any  other  person  or  persons  for  the 
use  and  transportation  of  any  railroad  car  of  the  same 
class  or  number,  for  a  like  purpose,  being  transported  In 
the  same  direction,  over  a  greater  distance  of  the  same 
railroad;  or  if  It  shall  charge,  collect  or  receive  from 
any  person  or  persons,  for  the  use  and  transportation  of 
any  railroad  car  or  cars  upon  Its  railroad,  a  higher  or 
greater  compensation  In  the  aggregate  than  It  shall  at 
the  same  time  charge,  collect  or  receive  from  any  other 
person  or  persons  for  the  use  and  transportation  of  any 
railroad  car  or  cars  of  the  same  class,  for  a  like  pur- 
pose, being  transiKjrted  from  the  same  original  point 
in  the  same  direction  over  an  equal  distance  of  the  same 
railroad;  all  such  discriminating  rates,  charges,  collec- 
tions or  receipts,  whether  made  directly  or  by  means  of 
any  rebate,  drawback  or  other  shift  or  evasion,  shall  be 
deemed  and  taken  against  such  railroad,  railroad  corpora- 
tion or  common  carrier  as  prima  facie  evidence  of  the 
unjust  discrimination  prohibited  by  the  provisions  of  this 
article;  and  It  shall  not  be  deemed  a  sufficient  excuse 
or  justification  of  such  discrimination  on  the  part  of 
said  railroad,  railroad  corporation  or  common  carrier 
that  the  railway  station  or  point  at  which  it  shall  charge, 
collect  or  receive  less  compensation  in  the  aggregate 
for  the  transportation  of  such  passenger,  property  or 
freight,  or  for  the  use  and  transportation  of  such  railroad 
car  the  greater  distance  than  for  the  shorter  distance,  Is 
a  railway  station  or  point  at  which  there  exists  com- 
petition with  any  other  railroad  or  means  of  transporta- 
tion. This  section  shall  not  be  construed  so  as  to  ex- 
clude other  evidence  tending  "to  show  any  unjust  dis- 
crimination in  freight  and  passenger  rates.  The  pro- 
visions of  thij  section  shall  extend  and  apply  to  any 
railroad,  the  branches  thereof,  and  any  road  or  roads 
which  any  railroad,  railroad  corporation  or  common  car- 
rier has  the  right,  license  or  permission  to  use,  operate 
or  control  wholly  or  in  part  within  this  State;  provided, 
however,  that  nothing  herein  contained  shall  be  so  con- 
strued as  to  prevent  railroad  corporations  from  issuing 
commutation,  excursion  or  thousand-mile  tickets,  provided 
the  same  are  issued  alike  to  all  applying  therefor.  (1897, 
chapter  115,    §   36;    R.  C.   1899,   §  3057.) 

Discrimination  as  to  quantity.  §  4370.  It  shall  be  un- 
lawful for  any  such  railroad,  railroad  corporation  or 
common  carrier  to  charge,  collect,  demand  or  receive 
more  for  transporting  a  car  of  freight  than  It  at  the 
same  time  charges,  collects,  demands  or  receives  per 
car  for  several  cars  of  a  like  class  of  freight  over  the 
same  railroad,  for  the  same  distance.  In  the  same  direc- 
tion, or  to  charge,  collect,  demand  or  receive  more  for 
transporting  a  ton  of  freight  than  It  charges,  collects, 
demands  or  receives  per  ton  for  several  tons  of  freight 
under  a  carload  of  a  like  class  of  freight  over  the  same 
railroad  for  the  same  distance,  in  the  same  direction,  or  ' 
to  charge,  collect,  demand  or  receive  more  for  trans- 
porting 100  pounds  of  freight  or  property  than  it  charges, 
collects,  demands  or  receives  per  hundred  for  sev- 
eral hundred  pounds  of  freight  under  a  ton  of  a 
like  class  of  freight  or  property  over  the  same  railroad, 
for  the  same  distance,  in  the  same  direction.  All  such 
discriminating  rates,  charges,  collections  or  receipts, 
whether  made  directly  or  by  means  of  any  rebate,  draw- 
back or  other  shift  or  evasion,  shall  be  deemed  and 
taken  against  such  railroad  railroad  corporation  or 
common  carrier  as  prima  facie  evidence  of  the  unjust 
discrimination  prohibited  by  this  article;  provided,  how- 
ever, that,  for  the  protection  and  development  of  any 
such  industry  within  the  State,  such  railroad,  railroad 
corporation  or  common  carrier  may  grant  concessions  or 


1040 


National  Association  of  Railway  Commissioners 


special  rates  for  any  agreed  number  of  carloads,  but 
such  special  rates  aforesaid  shall  first  be  approved  by 
the  board  of  commissioners  of  railroads,  and  a  copy 
thereof  filed  in  the  office  thereof.  (1897,  chapter  115, 
§  37;   R.  C.  1899,   §  3058.) 

Penalty  for  discrimination.  S  4371.  Any  such  railroad, 
railroad  corporation  or  common  carrier  guilty  of  ex- 
tortion or  making  any  unjust  discrimination  as  to  pas- 
senger or  freight  or  other  rates  for  the  use  and  trans- 
portation of  railroad  cars  or  in  receiving,  handling  or 
delivering  freights  or  property  shall,  upon  conviction 
thereof,  be  fined  in  any  sum  not  less  than  $1,000  nor 
more  than  $5,000  for  the  first  offense,  and  for  every 
subsequent  offense  not  less  than  $5,000  nor  more  than 
$10,000,  such  fine  to  be  imposed  in  a  criminal  prosecu- 
tion, as  provided  by  law,  or  shall  be  subject  to  the  lia- 
bility prescribed  in  §  4372,  to  be  recovered  as  therein 
provided.     (1897,  chapter  115,  §  38;   R.  C.  1899,  §  3050.) 

Forfeiture.  §  4372.  Any  such  railroad,  railroad  cor- 
poration or  common  carrier  guilty  of  extortion  or  of 
making  any  unjust  discrimination  as  to  passenger,  prop; 
erty  or  freight  rate  or  rates  for  the  use  and  transporta- 
tion of  railroad  cars,  or  in  receiving,  handling  or  de- 
livering freights  or  property,  shall  forfeit  and  pay  to  the 
State  of  North  Dakota  not  less  than  $1,000  nor  more 
than  $5,000  for  the  first  offense  and  not  less  than  $5,000 
nor  more  than  $10,000  for  every  subsequent  offense,  to 
be  recovered  in  a  civil  action  by  proceedings  instituted 
in  the  name  of  the  State  of  North  Dakota.  And  the  re- 
lease from  liability  or  penalty  provided  fcr  in  §  4357 
shall  not  apply  to  either  a  criminal  prosecution  or  a 
civil  action  brought  under  this  article.  (1897,  chapter 
115,  §  39;   R.   C.  1899,   §   3060.) 

Suits  by  commissioners.  §  4373.  Whenever  said  com- 
missioners of  railroads  have  good  reason  to  believe  that 
any  railroad,  railroad  corporation  or  common  carrier  sub- 
ject to  the  provisions  of  this  article  has  been  guilty  of 
extortion  or  unjust  discrimination  and  thereby  become 
liable  to  the  penalties  prescribed  in  §§  4371  and  4372,  it 
shall  be  their  duty  to  immediately  cause  suits  to  be  com- 
menced and  prosecuted  against  any  such  railroad,  rail- 
road corporation  or  common  carrier.  Such  suits  and 
prosecutions  may  be  instituted  in  any  county  of  this 
State  through  or  into  which  the  line  of  the  railroad  cor- 
poration sued  for  violation  of  this  article  may  extend. 
And  the  court  may,  in  its  discretion,  give  preference  to 
such  suits  over  all  other  business  except  criminal  cases. 
(1897,  chapter   115,   40;    R.   C.   1899,   3061.) 

Free  transportation — Reduced  rates.  %  4374.  Nothing  in 
this  article  shall  apply  to  the  carriage,  storage  or  han- 
dling of  property  free  or  at  reduced  rates  for  the  United 
States  or  this  State,  or  municipal  governments,  or  for 
charitable  purposes,  or  to  and  from  fairs  and  expositions 
for  exhibition  thereat,  or  for  the  employes  of  such  com- 
mon carriers  or  their  families,  or  private  property  or 
goods  for  the  family  use  of  employes  of  such  common 
carriers,  or  the  issuance  of  mileage,  excursion  or  com- 
mutation passenger  tickets.  Nothing  in  this  article  shall 
be  construed  to  prohibit  any  railroad,  railroad  corporation 
or  common  carrier  from  giving  reduced  passenger  rates 
to  ministers  of  religion,  or  to  prevent  railroads  from 
giving  free  carriage  to  their  own  ofiicers  and  employes 
and  their  families  or  others,  and  to  persons  in  charge 
of  live  stock  being  shipped  from  the  point  of  shipment 
to  destination  and  return;  and  nothing  in  this  article 
contained  shall  in  any  way  abridge  or  alter  the  remedies 
now  existing  at  common  law,  or  by  statute,  but  the  pro- 
visions cf  this  article  are  in  addition  to  such  remedies; 
provided,  that  no  pending  litigation  shall  in  any  way 
toe  affected  by  this  article.  (1897,  chapter  115,  |  41; 
R.   C.   1899,    §    3062.) 

Cannot  limit  its  common  law  liability.  §  4375.  When- 
ever any  property  is  received  by  any  common  carrier, 
subject  to  the  provisions  of  this  article,  to  be  transported 
from  one  place  to  another  within  this  State  it  shall  be 
unlawful  for  such  common  carrier  to  limit  in  any  way, 
except  as  stated  in  its  classification  schedule  herein  pro- 
vided for,  its  common  law  liability  with  reference  to  such 
property  while  in  its  custody  as  a  common  carrier  as 
hereinbefore  mentioned;  such  liability  must  include  the 
absolute    responsibility    of    the    common    carrier    for    the 


acts   of  its   agents    in   relation   to   such   property.      (1890, 
chapter  122,  §  3;   R.  C.  1899,  §  3063.) 

Courts  ahvays  open.  §  4376.  For  the  purposes  of  this 
article,  except  its  penal  provisions,  the  District  Courts 
and  the  Supreme  Court  of  the  State  shall  be  deemed  to 
be  always  in  open  session.  (1890,  chapter  122,  §  16b; 
R.   C.    1899,   §   3064.) 

Annual  reports  from  all  carriers.  §  4377.  The  board  of 
commissioners  of  railroads  are  hereby  directed  to  require 
annual  reports  from  all  common  carriers  subject  to  the 
provisions  of  this  article,  to  prescribe  the  manner  in 
which  such  reports  shall  be  made,  and  to  require  from 
such  carriers  specific  answers  to  all  questions  upon  which 
the  commissioners  may  need  information.  Such  annual 
reports  shall,  in  addition  to  the  information  required  by 
§  4363.  contain  such  information  io  relation  to  rates  or 
regulations  concerning  fares  or  freights  and  agreements, 
arrangements  or  contracts  with  express  companies,  tele- 
graph companies,  sleeping  and  dining  car  companies,  fast 
freight  lines  and  other  common  carriers,  as  the  com- 
missioners may  require,  with  copies  of  such  contracts, 
agreements,  or  arrangements.  (1890,  chapter  122,  §  17a; 
R.   C.   1899,   §   3065.) 

Costs  and  expenses.  §  4378.  All  costs  and  expei  sea 
actually  incurred  by  or  upon  the  order  of  the  attorney- 
general  incident  to  any  litigation  arising  in  referenct  to 
the  enforcement  of  orders  of  the  board  of  commissioneri;  of 
railroads  or  other  litigation  commenced  by  or  in  charge  of 
said  attorney-general  shall  be  paid  out  of  the  general  f  md 
of  the  State  upon  vouchers  to  be  approved  by  the  attorney- 
general,  governor  and  State  auditor.  (1899,  chapter  131, 
§1;   R.  C.  1899,  §3066.) 

Pending  litigation  not  affected  hy  this  article.  Si  4  !79. 
Nothing  in  this  article  contained  shall  in  any  way  abri  Ige 
or  alter  the  remedies  now  existing  at  law  or  in  eqv  ity, 
but  the  provisions  of  this  article  are  in  addition  to  s  ich 
remedies.  No  pending  litigation  shall  in  any  way  be 
affected  by  this  article.  Witnesses  summoned  before  the 
commissioners  of  railroads  shall  be  paid  the  same  oes 
and  mileage  as  are  paid  witnesses  in  the  District  Co  irt. 
All  expenses  of  the  commissioners  of  railroads  in  mal  ing 
an  investigation  or  examination  in  any  other  place  t  lan 
the  city  of  Bismarck  shall  be  allowed  and  paid  out 
of  the  State  treasury  on  the  presentation  of  item  zed 
vouchers  therefor  approved  by  the  chairman  of  the  <  om- 
mission  and  the  State  auditor.  (1890,  chapter  122,  8c; 
R.  C.  1899,  3067.) 

Grain  to  be  shipped  without  discrimination.  §  4380.  Vny 
railroad  company  doing  business  in  this  State,  when  re- 
quested by  any  person  wishing  to  ship  grain  on  its  r  )ad, 
shall  receive  and  transport  such  grain  in  bulk,  and  iier- 
mit  the  same  to  be  loaded  either  on  its  track  adjacen.  to 
its  depot,  or  at  any  warehouse  or  sidetrack  at  any  sta- 
tion or  siding,  without  discrimination  or  distinction  a  i  to 
the  manner  or  condition  in  which  such  grain  is  off  red 
for  transportation,  or  as  to  person,  corporation,  v  are- 
house,  elevator  or  place  where  or  to  which  it  maj  be 
consigned,  and  shall  receive  the  same  in  carload  lots  I lom 
wagons,  sleighs  or  other  vehicles  on  its  sidetrack  at 
any  station  the  same  as  when  offered  from  wareho  ises 
or  elevators,  allowing  48  hours'  time  for  loading  all  <  ars, 
which  time  shall  be  held  to  embrace  such  time  as  car 
to  be  loaded  is  placed  and  kept  by  such  railroad  om- 
pany  in  a  convenient  and  proper  place  for  loading;  ai  d  it 
shall  not  be  held  a  proper  place  for  loading  unless  mch 
car  can  be  reached  by  teams  or  other  suitable  niear  s  of 
conveying  property,  after  the  same  have  been  lot  ded, 
whether  at  sidetrack,  elevator,  warehouse  or  depot,  vith- 
out  unnecessary  delay,  proceed  to  ship  the  same  to  the 
place  where  the  same  is  consigned.  (1899,  chapter  110, 
§  6;   R.  C.  1899,  §  3068;   1903,  chapter  145.) 

Track  for  elevator  to  railroad.  §  4381.  [As  amended  by 
Act  approved  March  3,  1911.1  It  shall  be  lawful  foi  the' 
owner  of  any  elevator,  warehouse  or  mill  at  any  station 
on  the  line  or  at  the  termination  of  any  railroad  ii  the! 
State  to  construct  from  such  elevator,  warehouse  or  mill! 
a  grade  suitable  for  a  sidetrack,  to  the  track  of  any  raiiroad' 
company,  and  such  railroad  company  shall  furnish  ■ 
rails  and  all  necessary  connections  and  shall  lay  on 
grade  a  track  to  connect  with  the  main  or  sidetrack  l'} 
switch,  when  so  ordered  by  the  railroad  commissioners 
and  shall  charge  to  and  collect  from  the  owner  of  sucl: 
elevator,  warehouse  or  mill  the  actual  cost  of  all  materia 


Public  Service  Laws 


1041 


and  labor  used  in  the  laying  of  such  sidetrack,  and  the 
owner  of  such  elevator,  warehouse  or  mill  shall,  upon  de- 
mand of  such  railroad  company,  deposit  in  cash  in  advance 
the  amount  estimated  to  cover  the  cost  of  such  labor  and 
material.  Such  sidetrack  and  switch  shall  be  the  prop- 
erty of  the  owner  of  such  elevator,  warehouse  or  mill, 
but  shall  at  all  times  be  under  the  control  and  manage- 
ment of  and  kept  in  repairs  by  such  railroad  company; 
provided,  that  the  party  for  whose  benefit  such  side- 
track and  switch  shall  be  constructed  shall  pay  to  such 
railroad  company  the  actual  cost  of  maintaining  such 
sidetrack  and  switch,  which  payment  shall  be  made 
monthly,  and  in  case  such  payment  shall  not  be  made  as 
provided,  then  the  obligation  of  this  section  upon  such 
railroad  company  shall  cease  and  be  inoperative  as 
against  it  until  such  cost  and  expense  are  fully  paid; 
provided,  that  the  sidetrack  described  in  this  section 
shall  not  exceed  2,500  feet  in  length  and  the  switch 
where  connection  is  made  with  the  sidetrack  shall  come 
within  the  yard  limits  of  the  station. 

Sidetracks  adjacent  to  coal  mines.  S  4382.  Whenever 
any  person,  owning  or  operating  any  coal  mine  within 
this  State,  from  which  not  less  than  50  cars  of  coal  have 
been  shipped  from  any  one  station  over  any  portion  of 
any  railroad  within  the  limits  of  the  State,  shall  peti- 
tion any  such  railroad  company  to  build  a  sidetrack  or 
spur  at  least  300  feet  in  length  adjacent  to  such  mine  it 
shall  then  be  the  duty  of  such  railroad  company  to  build, 
equip  and  operate  such  sidetrack  or  spur;  provided,  that 
such  spur  is  not  nearer  than  two  miles  from  any  station 
already  in  operation;  provided,  further,  that  any  person 
opening  a  coal  mine  within  two  miles  of  any  station 
may  petition  for  a  sidetrack  or  spur  and  by  executing  an 
indemnity  bond  in  favor  of  such  railroad  company  in  the 
sum  of  $2,000,  conditioned  on  the  agreement  that  such 
person  will  ship  within  one  year  after  the  completion 
of  such  spur  or  sidetrack  not  less  than  100  carloads  of 
coal,  and  when  such  bond  is  duly  executed  with  two 
sureties,  approved  by  the  county  wherein  such  sidetrack 
is  situated,  such  railroad  company  shall  within  sixty 
days  build,  equip  and  operate  such  sidetrack  or  spur 
as  provided  for  in  this  section.  And  the  commissioners 
of  railroads  shall  have  power  to  locate  such  sidetrack 
or  spur  and  order  it  properly  provided  with  platforms 
and  other  conveniences  for  loading  coal  and  other  com- 
modities thereat.  (1890,  chapter  128,  §1;  H.  C.  1899; 
§   3070.) 

Penalty.  §  4383.  [As  amended  by  Act  approved  March 
3,  1911.]  Any  neglect  or  refusal  to  comply  with  any  part 
of  the  provisions  of  the  last  two  sections  within  15  days 
after  being  requested  in  writing  by  the  person  operating 
the  elevator,  warehouse,  mill,  or  coal  mine  or  by  the 
commissioner  or  railroads  shall  subject  such  railroad 
company  to  a  forfeiture  of  $50  per  day  for  each  and 
every  day  such  railroad  company  shall  neglect  or  refuse 
to  comply  with  the  provisions  of  the  last  two  sections, 
to  be  recovered  by  the  persons  affected  by  such  neglect 
or  refusal;  provided,  that  no  railroad  company  shall  be 
compelled  to  put  in  a  sidetrack  between  the  fifteenth 
day  of  November  and  the  fifteenth  day  of  May  of  any  year 
when  it  cannot  be  done  without  grading. 
Approved  March  3,  1911. 

Time  to  remove  property  from  cars.  §  4384.  Any  con- 
signee or  person  entitled  to  receive  the  delivery  of  any 
freight  shipped  to  him  in  carload  lots,  by  any  railroad 
company,  shall  have  24  hours  free  of  expense  after  no- 
tice of  arrival  by  the  company  to  the  consignee  or  per- 
son entitled  to  receive  the  'same  in  which  to  remove 
the  same  from  the  cars  of  such  railroad  company,  which 
24  hours  shall  be  held  to  embrace  such  time  as  the  car 
containing  such  property  is  placed  and  kept  by  such 
railroad  company  in  a  convenient  and  proper  place  for 
unloading,  and  it  shall  not  be  held  to  be  in  a  proper  place 
for  unloading  unless  it  can  be  reached  with  teams  or 
other  suitable  means  for  removing  the  property  from  the 
cars  and  reasonably  convenient  to  the  depot  of  the  com- 
pany at  which  it  is  accustomed  to  receive  and  unload 
merchandise  consigned  to  that  station  or  place.  (1899, 
chapter   110,    §12;    R.   C.   1899,    §  3072a.) 

Stopover  rates  on  cars.  §  4385.  Whenever  any  railroad 
company  doing  business  in  this  State  as  a  common  car- 
rier shall  ship  any  car  or  cars  of  freight  over  any  of  its 
railway  lines  or  branches  thereof,  which  car  or  cars  con- 


tain freight  to  any  intermediate  point  or  points,  it  shall 
be  the  duty  of  such  railroad  company  to  stop  such  car 
or  cars  at  such  point  or  points  and  the  consignee  of 
such  freight  shall  be  permitted  to  unload  the  same  upon 
payment  to  such  railroad  company  of  the  full  freight 
rates  from  the  shipping  point  to  the  terminal  point  of 
such  car  or  cars  and  in  addition  thereto  the  sum  of 
$5  per  car  for  each  and  every  day  such  car  or  cars  is 
or  are  delayed  during  such  stopover;  provided,  the  car 
or  cars  contained  no  perishable  goods  and  are  billed  to 
one  consignee,  and  in  no  case  over  one  stop  or  stopover 
shall  be  made,  nor  shall  said  car  or  cars  be  opened  but 
once  for  distributing  goods  at  intermediate  stations. 
(1895,  chapter  95,  §  1;   R.  C.  1899,  §  3071b.) 

Penalty.  §  4386.  Every  railroad  company  neglecting  or 
refusing  to  comply  with  the  provisions  of  the  last  section 
shall  be  liable  to  damages  in  the  sum  of  $20  for  each 
and  every  day  such  railroad  company  neglects  or  refuses 
to  comply  with  the  provisions  hereof,  to  be  recovered  by 
any  person  damaged  by  reason  of  such  neglect  or  refusal 
in  any  court  of  competent  jurisdiction.  (1895,  chapter 
95,   §   2;    R.   C.   1899,   §   3071c.) 

Railroads  to  build  platforms.  §  4387.  Every  railroad 
company  doing  business  in  this  State  shall  within  60 
days  after  notice  from  the  commissioners  of  railroads 
erect  one  or  more  platforms  for  the  transfer  of  live 
stock,  grain  and  other  commodities  from  wagons  or 
otherwise  to  cars  of  each  and  every  station  or  siding 
designated  in  such  notice;  such  platforms  to  be  erected 
so  as  not  to  endanger  life  and  property.  If  any  railroad 
company,  after  receiving  notice  as  provided  for  in  this 
section  shall  fail,  refuse  or  neglect  to  erect  platforms  as 
required  by  this  and  the  following  section  within  the 
required  60  days,  the  commissioners  of  railroads  are 
authorized  and  empowered  and  it  is  made  their  duty  to 
notify  such  railroad  company  to  appear  before  them  at 
a  certain  time  and  place  and  show  cause,  if  any  there  is, 
why  such  commissioners  should  not  issue  an  order  re- 
quiring such  railroad  company  to  comply  with  the  re- 
quirements of  this  section.  The  commissioners  of  rail- 
roads shall  have  power  after  such  hearing  to  issue  an 
order  upon  such  railroad  company  commanding  it  to 
erect  such  platforms,  if  the  commissioners  shall  upon 
such  examination  and  hearing  deem  such  platform  neces- 
sary. Any  notice  required  to  be  served  upon  any  rail- 
road company  to  carry  out  any  of  the  provisions  of  this 
section  or  similar  provisions  relating  to  the  enlarging  of 
such  platforms  may  be  served  upon  any  agent  of  said 
company  within  the  State  of  North  Dakota.  (1899,  chap- 
ter 128;  R.  C.  1899,  §  3071d.) 

Dimensions  of  platform.  §  4388.  Each  platform  shall 
be  not  less  than  12  feet  wide  and  32  feet  long,  extending 
4  feet  and  6  inches,  of  such  height  as  shall  be  deter- 
mined by  the  railroad  commissioners  above  the  rails  of 
the  track  with  suitable  approaches  to  and  from  such 
platform  to  admit  of  the  driving  of  loaded  teams  thereon. 
(1890,  chapter  123,  §2;  1892,  Spl.  H.  B.  2,  §2;  R.  C. 
1899,   §   3071e.) 

When  platforms  to  6e  enlarged.  §  4389.  The  commis- 
sioners of  railroads  shall  have  power  to  order  an  enlarge- 
ment of  such  platforms  whenever  petitioned  to  that  ef- 
fect and  whenever  the  capacity  .of  such  platform  is  in 
their  judgment  clearly  insufflcient  for  the  accommodation 
of  the  public.  (1890,  chapter  123,  §  5;  R.  C.  1899, 
§   3071f.) 

Platform  scales.  §  4390.  Every  railroad  company  shall 
allow  suitable  scales  to  be  erected  either  upon  the  platform 
or  upon  the  grounds  adjacent  thereto,  if  upon  their  right 
of  way,  for  weighing  and  shipping  purposes.  (1890, 
chapter  123,  §  6;   R.  C.  1899,  §  3071g.) 

Penalty.  §  4391.  Every  railroad  company  neglecting  or 
refusing  to  comply  with  the  requirements  of  the  last 
four  sections  shall  be  deemed  guilty  of  a  misdemeanor 
and  be  subject  to  a  fine  of  not  less  than  $500  for  every 
30  days  such  failure  shall  continue  after  notice  as  afore- 
said.    (1890,  chapter  123,  §  3;  R.  C.  1899,  §  3071h.) 

Construct  "Y's."  §  4392.  [As  amended  by  Act  approved 
February  18,  1911.]  In  all  cases  where  any  line  of  railroad 
shall  cross  or  intersect  any  other  line  of  railroad  at 
grade  in  this  State,  it  shall  be  the  duty  of  each  of  the 
railroad  companies  owning  or  operating  such  intersecting 
railroad  lines  to  provide  at  such  crossing  or  intersection. 


1042 


National  Association  of  Railway  Commissioners 


suitable  and  sufficient  transfer  facilities,  sucli  as  waiting 
rooms,  and  "Y's"  or  other  traclss  and  connections  for 
transferring  cars  and  traffic  of  all  kinds  and  classes  or 
cars  from  one  such  line  of  railroad  to  another,  and  to 
maintain  the  same  and  afford  equal  and  reasonable  fa- 
cilities for  the  interchange  of  cars  and  traffic  between 
the  respective  lines.  The  expense  of  constructing  and 
maintaining  such  transfer  facilities  to  be  borne  equally 
by  each  of  such  railroad  companies,  or  in  such  propor- 
tions as  they  may  agree  upon,  or  as  may  be  determined 
by  the  board  of  railroad  commissioners  on  joii^i  hearing. 

Shortest  route.  §  2.  It  shall  be  the  duty  of  all  railroad 
companies  to  bUl  all  freight  over  the  shortest  and  cheap- 
est route  to  its  destination,  but  in  the  absence  of  a  "Y" 
or  other  facilities  for  transferring  to  a  connecting  line 
over  the  shortest  route,  such  freight  may,  at  the  option 
of  the  receiving  railroad  company,  be  delivered  to  the 
connecting  line  at  some  other  convenient  point,  but  in 
such  cases  the  same  tariff  shall  be  applied  by  each  rail- 
road as  if  shipped  over  the  shortest  route. 

Duty  of  railroad  commission.  §  3.  Upon  the  failure  of 
any  railroad  company  to  comply  with  either  of  the  pre- 
ceding sections,  it  shall  be  the  duty  of  the  board  of 
railroad  commissioners  to  serve  a  notice  upon  the  said 
railroad  companies  setting  a  time  and  place  for  a  joint 
hearing  not  less  than  20  nor  more  than  30  days  from  the 
date  of  service  of  such  notice,  and  if,  on  such  hearing 
had,  the  board  of  railroad  commissioners  shall  deem  it 
necessary  and  expedient,  they  shall  enter  an  order  di- 
recting such  railroad  companies  to  at  once  construct  such 
transfer  facilities,  including  waiting  rooms  or  "Y"  tracks, 
and  the  board  of  railroad  commissioners  is  hereby  em- 
powered to  do  any  and  all  acts  necessary  to  the  carrying 
Into  effect  of  the  provisions  of  the  preceding  sections, 
including  power  to  determine,  on  joint  hearing,  after 
notice  to  such  intersecting  railroad  companies  as  above 
provided  for,  the  question  of  the  necessity  for  said 
transfer  facilities,  also  to  determine  the  probable  ex- 
pense and  location  thereof  and  all  matters  relating 
thereto.  Said  board  may  determine  the  total  expense 
and  the  just  and  proper  proportion  to  be  borne  by  each 
of  said  Intersecting  railroads  for  the  erection  and  main- 
tenance of  said  transfer  facilities,  if  said  railroad  com- 
panies cannot  agree  thereon.  For  such  purpose  the  board 
of  railroad  commissioners  shall  have  full  authority  to 
view  the  site,  subpoena  witnesses  compel  attendance  and 
take  testimony,  all  costs  and  expenses  of  such  pro- 
ceeding to  be  paid  by  such  railroad  companies  against 
which  the  proceeding  is  had. 

Provided,  that  If  one  Intersecting  railroad  company 
shall  comply  with  the  provisions  of  this  Act  and  con- 
struct one-half  of  such  transfer  facilities  as  determined 
by  the  said  board  of  railroad  commissioners,  the  said 
board  shall  proceed  against  the  railroad  company  in  de- 
fault in  the  same  manner  as  herein  provided ;  provided 
further,  that  no  railroad  company  shall  be  compelled  to 
put  in  such  transfer  facilities  between  the  first  day  of 
December,  and  the  first  day  of  April,  when  it  cannot  be 
done  without  grading. 

Penalty.  §  4.  In  the  event  of  the  failure  to  comply 
within  60  days  after  the  date  of  service  of  said  order, 
the  said  railroad  companies  shall  be  subject  to  a  fine 
of  $25  each  for  each  day  during  which  they  shall  fail 
to  comply  with  the  provisions  therein,  or  in  the  event  of 
a  greater  charge  than  the  rate  for  the  short  haul,  the 
shipper  or  consignee  may  recover  the  overcharge,  to- 
gether with  all  cost  in  a  civil  action  against  the  railroad 
companies  making  such  overcharge,  and  it  shall  be  the 
duty  of  the  State's  attorney  in  the  county  where  such 
shipper  or  consignee  may  reside,  to  commence  and  prose- 
cute, or  the  attorney-general  may  commence  and  prose- 
cute all  actions  necessary  for  the  enforcement  of  this 
Act,  and  the  recovery  of  such  overcharges,  costs  or 
penalties. 

Repeal.  §  5.  All  Acts  or  parts  of  Acts  in  conflict  with 
the  provisions  of  this  Act  including  §  4393,  4394,  Revised 
Codes  of   1905,  are   hereby  repealed. 

Emergency,  g  6.  Whereas,  an  emergency  exists  In  that 
the  public  can  be  better  served  by  the  construction  of 
such  transfer  facilities  at  once,  therefore  this  Act  shall 
be  in  force  from  and  after  its  adoption. 


Notice  served  on  carrier  in  case  of  noncompliance. 
§  4393.    Repealed.    Se«  §  4392. 

Penalty  for  noncompliance.  §  4394.  Repealed.  See 
§  4392. 

Maximum  coal  rate.  §  4395.  All  railroad  companies  do- 
ing business  as  common  carriers  within  the  State  of  North 
Dakota  shall  not  charge  for  the  transportation  of  coal 
within  said  State  a  greater  rate  per  ton  than  the  follow- 
ing: For  the  first  5  miles  or  fractional  part  thereof,  30 
cents  per  ton.  For  any  distances  over  5  miles  and  not  to 
exceed  15  miles,  40  cents  per  ton.  For  any  distance  over 
15  miles  and  not  to  exceed  25  miles,  50  cents  per  ton.  For 
any  distance  over  25  miles  and  not  to  exceed  40  miles,  60 
cents  per  ton.  For  any  distance  over  40  miles  and  not  to 
exceed  60  miles,  70  cents  per  ton.  For  any  distance  o^'er 
60  miles  and  not  to  exceed  100  miles,  75  cents  per  ton. 
For  any  distance  over  100  miles  and  not  to  exceed  150 
miles,  80  cents  per  ton.  For  any  distance  over  150  miles 
and  not  to  exceed  200  miles,  90  cents  per  ton.  For  any 
distance  over  200  miles  and  not  to  exceed  250  miles,  |1 
per  ton.  For  any  distance  over  250  miles  and  not  to  ex- 
ceed 300  miles,  ?1.10  per  ton.  For  any  distance  over  oOO 
miles,  and  not  to  exceed  350  miles,  jl.20  per  ton.  For 
any  distance  over  350  miles  and  not  to  exceed  400  miles, 
$1.25  per  ton.  For  any  distance  over  400  miles  and 
not  to  exceed  450  miles,  $1.30  per  ton.  For  any  distai  ce 
over  450  miles  and  not  to  exceed  500  miles,  $1.35  per  ton. 
Provided,  that  the  above  mentioned  rates  shall  be  or 
carload  lots  only.  (1893,  ch.  101,  §1,  1895,  ch.  93,  §  1- 
R.  C.  1899,  §30711;   1903,  ch.  146.) 

Penalty  for  violation.  §4396.  Any  railroad  compaay 
violating  any  of  the  provisions  of  the  last  section  shall  be 
subject  to  a  fine  of  not  less  than  $25  per  day  for  each  a  ad 
every  day  during  which  such  violation  shall  continue,  to  be 
recovered  by  any  person  prejudiced  or  suffering  loss  or 
damage  by  such  violation.  (1893,  ch.  101,  §  2;  1895,  ch.  i3, 
§2;    R.  C.  1899,   §  3071m.)  .  ^ 

Duty  of  attorney-general.  §  4397.  It  shall  be  the  di  JH 
of  the  attorney-general  or  of  the  State's  attorney  of  a  " 
county  in  which  an  action  arises  against  any  railroad  co  ii- 
pany  for  a  violation  of  any  of  the  provisions  of  §  4395,  up  n. 
demand  of  the  board  of  railroad  commissioners,  to  co  n- 
mence  and  prosecute  all  actions  necessary  for  the  enfor  e- 
ment  of  the  provisions  of  such  section.  (1895,  ch.  93;  R.  C. 
1899,  §3071n.) 

ARTICLE  11.     TRANSPORTATION  OF  LIVE  STOC^  I 

Minimum  speed  to  be  maintained.  §  4398.  It  shall?  ' 
the  duty  of  every  railroad,  railroad  corporation,  railv 
company,  express  company,  car  company  and  of  ev 
common  carrier  other  than  by  water,  by  whatever  nam^ 
may  be  called  or  by  whomsoever  operated  and  whlcl 
wholly  or  In  part  engaged  in  the  transportation  of 
kind  of  live  stock  by  railroad  within  or  to  or  from 
point  In  this  State,  to  transport  any  and  all  such  live  sti  j 
so  by  It  being  transported,  with  the  utmost  diligence,  a( 
to  maintain  within  this  State  In  all  trains  so  transporting" 
any  such  live  stock  an  average  minimum  rate  of  speed  of 
not  less  than  20  miles  per  hour  from  the  time  any  si  ch 
live  stock  is  loaded  upon  or  Into  its  cars  until  such  tr:  in 
reaches  Its  destination,  deducting  only  in  the  computat  on 
of  such  average  mimimum  rate  of  speed  such  reasona  )ie 
time  as  any  such  live  stock  may  be  necessarily  dela:  ' 
in  unloading  to  feed,  water  and  rest  and  in  feeding,  wai 
ing  and  resting  and  in  reloading.     (1903,  ch.  144,  §  1.) 

Penalty  for  violation.  §  4399.  Every  railroad,  railrc  ad 
corporation,  railway  company,  express  company,  car  c(  m- 
pany,  or  common  carrier  other  than  by  water,  and  the  1 1  r- 
son  or  persons  operating  such  common  carrier  as  recei\  ev, 
lessee  or  trustee  violating  any  of  the  provisions  of  §  4c  98, 
shall  be  liable  to  the  owner  or  owners  of  any  live  stock 
so  being  transported,  in  the  sum  of  $5  per  car  for  each  !  nd 
every  hour  any  car,  wholly  or  in  part  loaded  with  any  live 
stock.  Is  detained  beyond  the  time  provided  In  said  section, 
and,  in  addition  thereto,  every  such  railroad,  railroad  ( or- 
poration,  railroad  company,  express  company,  car  company 
or  common  carrier,  or  the  person  or  persons  operating  any 
such  common  carrier  as  receiver,  lessee  or  trustee,  shall  be 
liable  to  such  owner  or  owners  of  said  live  stock  for  all 
damages  sustained  on  account  of  any  such  delay,  to  be  col- 
lected In  an  action  by  such  owner  or  owners  in  any  court 
of  competent  jurisdiction  in  this  State.  (1903,  ch.  144, 
S2.) 


Pdblic  Service  Laws 


1043 


ARTICLE  12.     PERSONAL  INJURY. 

Railroads  liable  for  damages  to  employes.  §  4400.  Every 
railroad  company  organized  or  doing  business  in  this  State 
shall  be  liable  tor  all  damages  done  to  any  employe  of  such 
company,  in  consequence  of  any  negligence  of  its  agents, 
or  by  any  mismanagement  of  its  engineers,  or  other  em- 
ployes, to  any  person  sustaining  such  damage;  and  no  con- 
tract which  restricts  such  liability  shall  be  legal  or  bind- 
ing.    (1903,  ch.  131.) 

Unlawful  rides  on  cars.     §  4401.     Omitted. 

Penalty  therefor.     §  4402.     Omitted. 

Employes  made  police  officers.     §  4403.    Omitted. 

No  fees  allowed  where  employes  act  as  police  officers. 
§  4404.    Omitted. 

SESSIONS   OF   RAIDRO.VD  COMMISSIONERS. 

Be  it  enacted,  etc.: 

Sessions,  held  where  and  time.  §  1.  The  board  of  rail- 
road commissioners  shall  hold  at  least  five  sessions  an- 
nually for  the  purpose  of  hearing  complaints  and  taking 
evidence.  The  first  session  shall  be  held  at  their  office  at 
the  State  capitol  in  the  city  of  Bismarck,  county  of  Bur- 
leigh, commencing  on  the  first  Tuesday  after  the  first 
Monday  in  January  of  each  year.  The  second  session  shall 
be  held  in  the  city  of  Minot,  county  of  Ward,  commencing 
on  the  first  Tuesday  after  the  first  Monday  in  April  of  each 
year.  The  third  session  shall  be  held  in  the  city  of  Fargo, 
county  of  Cass,  commencing  on  the  first  Tuesday  after  the 
first  Monday  in  July  of  each  year.  The  fourth  session  shall 
be  held  in  the  city  of  Grand  Forks,  county  of  Grand  Forks, 
commencing  on  the  first  Tuesday  after  the  first  Monday  in 
October  of  each  year.  The  fifth  session  shall  be  held  in  the 
city  of  Carrington,  in  the  county  of  Foster,  commencing 
on  the  first  Tuesday  after  the  first  Monday  In  December  of 
each  year;  provided,  further,  that  each  of  said  sessions 
shall  be  held  for  a  period  of  not  less  than  three  days,  and 
each  session  shall  begin  at  nine  o'clock  a.  m.  When  prac- 
ticable, such  sessions  shall  be  held  in  the  court  house  of 
the  respective  counties. 

Special  sessions.  §  2.  Whenever  from  any  cause  it  ap- 
pears that  the  public  interest  demands  that  a  special  ses- 
sion of  said  board  be  held,  the  president  of  the  commis- 
sion or  the  governor  may  call  a  special  meeting  of  said 
board,  to  be  held  at  any  of  the  places  aforenamed,  by  giving 
10  days'  previous  notice  thereof  by  advertisement  published 
In  a  newspaper  at  the  place  where  meeting  is  to  be  held. 

Employ  stenographer.  §  3.  The  board  of  railroad  com- 
missioners is  hereby  authorized  to  employ  a  stenographer 
whenever  said  board  shall  require  such  services  In  con- 
nection with  its  official  duties,  and  there  Is  hereby  appro- 
priated the  sum  of  $1,200,  or  so  much  thereof  as  may  be 
necessary  to  defray  the  expense  of  such  stenographic  -work 
for  the  present  biennial  period. 

Report  to  governor.  §  4.  It  shall  be  the  duty  of  the 
bord  to  report  in  writing  its  findings  to  the  governor 
within  10  days  after  the  close  of  each  session. 

Duty  of  attorney-general.  §  5.  It  shall  be  the  duty  of 
the  attorney-general  or  his  deputy  to  appear  for  and  repre- 
sent the  State  at  all  sessions  of  the  board. 

Repeal.  §  6.  All  Acts  or  parts  of  Acts  in  conflict  here- 
with are  hereby  repealed. 

Emergency.  §  7.  Whereas,  an  emergency  exists,  this 
Act  shall  take  effect  on  and  after  its  passage  and  ap- 
proval. 

Approved  March  15,  1909. 

DUTIES   OF  RAlLBOAn   COMMISSIONERS. 

Be  it  enacted,  etc.: 

Duties  of  railroad  commissioners.  §  1.  It  shall  be  the 
duty  Of  the  board  of  railroad  commissioners  to  adjust  all 
claims  for  overcharges  and  losses  in  freight,  freight 
charges  or  fares  when  it  has  jurisdiction  over  the  car- 
rier where  the  loss  or  overcharge  took  place,  whenever 
It  is  requested  to  do  so  by  a  resident  or  shipper  of  this 
'State.  It  shall  have  authority  to  fix  reasonable  penalties 
tor  neglect  or  failure  on  the  part  of  the  carrier  to  adjust 
such  overcharges  or  losses  within  a  reasonable  time. 

Investigation  of  interstate  rates.  §  2.  It  is  hereby  made 
the  duty  of  the  board  of  railroad  commissioners  to  ex- 
srcise  constant  diligence  in  informing  themselves  of  the 
rates,  charges,  rules  and  practices  of  common  carriers 
engaged  in  the  transportation  of  freight,  express  and  pas- 


sengers and  in  the  transmission  of  messages  or  intelli- 
gence from  points  in  this  State  to  points  beyond  its 
limits,  and  from  ponts  in  other  states  to  points  in  this 
State;  also  in  territory  wholly  outside  of  this  State,  and 
whenever  it  shall  come  to  the  knowledge  of  the  board 
of  railroad  commissioners,  either  from  their  own  investiga- 
tion or  by  complaint  made  to  them  in  any  manner  what- 
soever, that  the  rates  charged  by  any  common  carrier  on 
interstate  business  are  unjust  or  unreasonable,  or  that  such 
rates,  rules  or  practices  discriminate  unjustly  against 
the  citizens,  industries  or  interests  of  this  State,  or  place 
any  of  the  citizens.  Industries  or  interests  of  tills  State 
at  an  unreasonable  disadvantage,  as  compared  with  those 
of  other  States,  or  are  levied  or  laid  in  violation  of  the 
Act  to  regulate  commerce,  or  in  conflict  with  the  ruling, 
orders  or  regulations  of  the  Interstate  Commerce  Commis- 
sion, it  shall  be  the  duty  of  the  board  of  railroad  commis- 
sioners to  immediately  call  the  attention  of  the  officials  of 
such  common  carriers  operating  in  this  State  to  the  fact, 
and  to  urge  upon  them  the  propriety  of  changing  such 
rate  or  rates,  rules  or  practices.  Whenever  such  rates, 
rules  or  practices  are  not  changed  or  adjusted  so  as  to  re- 
move or  remedy  such  discrimination  within  a  reasonable 
time,  it  shall  be  the  duty  of  the  board  of  railroad  com- 
missioners, whenever  it  can  legally  be  done,  to  present 
the  facts  involved  in  such  discrimination  to  the  Inter- 
state Commerce  Commission  and  appeal  to  it  for  relief, 
and  thereafter,  If  deemed  necessary  by  said  board  of 
railroad  commissioners,  the  attorney-general,  with  such 
other  assistance  as  is  now  provided  by  law,  shall  prose- 
cute any  charge  or  charges  growing  out  of  any  such  dis- 
crimination. 

Branch  line  schedules.  §  3.  The  commission  shall  have 
power  and  authority  to  regulate  time  schedules  on  branch 
lines  of  railroad  companies  and  compel  train  connections 
of  competing  lines  at  junction  points  whenever  prac- 
ticable. 

Assistance  provided  for.  §  4.  The  commission  shall 
have  authority  to  employ  stenographers,  rate  experts  and 
such  other  employes  as  may  be  deemed  necessary  In  the 
discharge  of  its  several  duties. 

Appropriation.  §  5.  There  is  hereby  appropriated  an- 
nually the  sum  of  |10,000,  or  so  much  threof  as  may  be 
necessary  to  pay  the  necessary  traveling  and  other  ex- 
penses of  the  board  of  railroad  commissioners,  and  the 
salaries  and  expenses  of  their  agents  and  employes.  All 
moneys  which  shall  come  into  the  state  treasury  on  ac- 
count of  licenses  of  public  grain  warehouses  shall  be 
credited  to  the  general  fund  of  the  State,  out  of  which 
the  expenses  of  the  board  of  railroad  commissioners,  and 
the  salaries  and  expenses  of  their  agents  and  employes, 
shall  be  paid  as  now  provided  by  law. 

Emergency.  §  6.  Whereas,  an  emergency  exists,  this 
Act  shall  be  in  full  force  and  effect  from  and  after  its 
passage  and  approval. 

Approved  March  3,  1911. 

BAILKOAD  COMMISSION  TO  ESTABLISH  GRADES  OF  GRAIN. 

Be  it  enacted,  etc.: 

Railroad  commissioners — Establish  grades  for  grain.  S  1. 
The  board  of  railway  commissioners  of  the  State  of  North 
Dakota  shall,  before  the  first  day  of  September  of  each 
year,  establish  grades  of  all  kinds  of  grain  bought  or 
handled  by  any  elevator  or  warehouse  in  this  state,  which 
shall  be  known  as  "North  Dakota  Grades,"  which  shall 
conform  to  the  grades  established  at  the  terminal  points, 
and  the  grades  so  established  shall  be  printed  and  pub- 
lished in  the  manner  required  by  §  2243  of  the  revised 
codes  of  1905;  provided,  that  no  such  publication  shall 
be  necessary,  except  when  changes  are  made  in  such 
grades,  and  then  the  changes  so  made  only  shall  be  pub- 
lished. And  said  board  of  railroad  commissioners  shall 
have  supervision  of  the  grading,  weighing  and  shipping 
of  all  grain  purchased  or  handled  by  public  warehousemen 
in  North  Dakota,  and  all  public  warehousemen  shall  prade 
all  grain  purchased  or  handled  by  them  In  conformity  with 
the  established  "North  Dakota  Grades"  as  herein  pro- 
vided. Any  person  aggrieved  at  the  weights  or  grades 
given  by  any  warehouseman  may  appeal  to  the  board  of 
railroad  commissioners,  and  it  is  hereby  made  the  duty 
of  said  board  to  without  delay  inquire  into  said  grievance 
and  adjust  the  same  in  accordance  with  established  stand- 
ards. 


1041 


National  Association  of  Railway  Commissioners 


Agents  at  Minnesota  terminals — Report  to  commission- 
ers. §  2.  It  shall  be  the  duty  of  the  expert  representatives 
at  the  terminal  points  of  Minneapolis  and  Duluth,  ap- 
pointed by  law,  to  sit  with  the  Minnesota  board  of  grain 
appeals  and  to  act  as  representatives  of  the  grain  ship- 
pers of  North  Dakota  and  look  after  their  interests  in  all 
matters  relating  to  the  inspection,  weighing,  grading  and 
docking  of  grain  shipped  from  North  Dakota,  so  far  as 
the  same  may  not  be  inconsistent  with  the  laws  of  Min- 
nesota or  the  rules  and  regulations  of  the  railroad  and 
warehouse  commission  of  Minnesota.  Said  agents  shall 
report  all  complaints  and  grievances  to  the  board  of  rail- 
road commissioners  of  this  State,  which  shall  receive  all 
such  reports  and  shall  use  all  proper  means  to  correct 
and  remedy  the  same. 

Approved  March  12,  1909. 

R.MLROAD    COMMISSION    TO   SUPERVISE    HANDLING   OF    GRAIN. 

Be  it  enacted,  etc.: 

Amendment.  §  1.  Section  2242  of  the  revised  codes  of 
North  Dakota  for  1905  be,  and  the  same  Is  hereby  amended 
to  read  as  follows: 

Commissioners  of  railroads — Duties.  §  2242.  It  shall  be 
the  duty  of  the  commissioners  of  railroads  to  supervise  the 
handling,  weighing  and  storing  of  grain  and  seed ;  to  estab- 
lish all  necessary  rules  and  regulations  for  the  weighing 
of  grain  and  for  the  management  of  public  warehouses 
of  the  State,  so  far  as  such  rules  and  regulations  may  be 
necessary  to  enforce  the  provisions  of  this  article  or  any 
law  in  this  State  in  regard  to  the  same;  investigate  all 
complaints  of  fraud  or  oppression  in  the  grain  trade  of  this 
State  and  correct  the  same.  They  shall  revoke  the 
license  of  any  warehouse  for  cause  upon  notice  and  hearing. 

Approved  March  12,  1909. 

REFUNDING    LICENSE    FEES    OF    PUBLIC    GRAIN    WAREHOUSES. 

Be  it  enacted,  etc.: 

Refund  of  license  fee  of  public  grain  warehouses  author- 
ized. §  1.  The  board  of  railroad  commissioners  are  hereby 
authorized  to  refund  the  license  fee  of  a  public  grain 
warehouse,  or  so  much  thereof  as  in  their  judgment  would 
be  just  and  reasonable  when  satisfactory  proof  is  fur- 
nished said  board  that  such  warehouse  or  elevator  has 
been  transferred  to  some  other  person,  firm  or  corpora- 
tion, and  application  is  made  by  the  new  owner  for  a 
license  for  the  same  warehouse  or  elevator,  for  the  same 
biennial  period  for  which  the  original  license  was  Issued. 
Provided  that  where  a  warehouse  or  elevator  is  destroyed 
by  fire  or  other  cause  the  license  fee  may  be  prorated  in 
such  amount  as  the  board  of  railroad  commissioners  may 
determine. 

Approved  March  3,  1911. 

RAILROAD    AND    TELEPHONE    COMPANIES    TO    FILE    INTOBMATION. 

Be  it  enacted,  etc.: 

Railroad  and  telephone  companies  shall  file  maps  and 
information.  §  1.  That  each  railroad  company  and  each 
telephone  company  located  and  doing  business  in  this  State 
file  in  the  office  of  the  county  auditor  of  each  county  a 
map  showing: 

First:  The  exact  location  of  such  companies'  lines, 
and  showing  on  which  side  of  section  and  other  lines  its 
property  is  located  in  each  assessment  district  and  school 
district  in  each  county. 

Second:  A  description  of  any  other  property  owned  by 
said  companies  in  each  assessment  district  and  school  dis- 
trict in  each  county. 

Third:  Telephone  companies  to  show  separately  the 
number  of  miles  of  poles  and  of  each  kind  of  wire  and  the 
number  of  telephone  instruments  in  each  assessment 
district  and  school  district. 

County  map,  auditor  to  send.  S  2.  The  county  auditor 
of  each  county  in  the  State  shall,  each  year,  on  or  before 
the  first  day  of  March,  mail  to  each  railroad  or  telephone 
company  doing  business  in  this  county  an  accurate  map 
of  the  county,  showing  the  boundaries  of  each  assessment 
district  and  school  district. 

Information  to  6e  filed.  §  3.  Every  railroad  company 
and  every  telephone  company  shall  on  or  before  the 
fifteenth  day  of  February,  in  each  year,  file  in  the  office 
of  the  county  auditor,  of  each  county  in  the  State  In  which 
said  companies'  lines  are  located,  the  name  of  its  company, 
the  principal  place  of  doing  business,  the  names  of  its 


president,  secretary  and  treasurer,  together  with  their  post- 
offlce  address. 

County  auditor  to  report  to  State  auditor.  §  4.  The 
county  auditor  of  each  county  shall,  on  or  before  the  first 
day  of  June,  in  each  year,  report  to  the  State  auditor, 
the  names  of  all  such  companies  so  filing  reports  and  their 
officers  and  such  other  information  as  may  be  required  by 
the  State  auditor. 

Company  shall  report  to  State  auditor.  §  5.  Each  of 
said  companies,  shall  on  or  before  July  first  and  at  Jiny 
other  time,  in  each  year,  report  to  the  State  auditor,  such 
information  in  regard  to  its  mileage  and  other  property 
owned  in  the  State,  as  such  State  auditor  or  the  State 
Board  of  equalization  shall  require. 

Maps,  when  filed.  §  6.  Every  such  company  located  or 
doing  business  in  the  State  at  the  date  of  the  approval 
of  this  Act,  shall  immediately  on  receipt  of  the  maps  re- 
ferred to  in  §  2  of  this  Act,  furnish  complete  and  full  infor- 
mation required  by  this  Act.  In  subsequent  years  said 
companies  need  only  file  maps  showing  any  changes  that 
have  been  made  since  the  report  of  the  previous  year. 

Duties  of  companies  organized.  §  7.  All  railroad  and 
telephone  companies,  locating  in  and  commencing  and  do- 
ing business  in  this  State,  after  the  passage  of  this  iict, 
must  file  reports  with  the  county  auditor.  State  auditor  and 
State  board  of  equalization  as  required  of  companies  row 
located  and  doing  business  in  the  State. 

Duty  of  county  and  State  officers.  §  8.  In  case  the  said 
companies  or  any  of  them  fail  to  make  the  reports  herein 
provided  for,  the  county  auditor.  State  auditor  or  State 
board  of  equalization  are  hereby  authorized,  and  it  is  hire- 
by  made  the  duty  of  said  officers  and  board  to  procure  s  ich 
information  and  report  the  expense  in  detail  of  procur  ng 
said  information,  to  the  State's  attorney  of  his  county  or 
the  attorney-general  of  the  State,  whose  duty  it  shall  b(  to 
collect  same  by  civil  action  as  provided  in  §  9  of  this  j  xt. 

Penalty.  §  9.  Every  railroad  or  telephone  comp;  ny 
which  neglects  or  fails  to  comply  with  the  provisions  of  t  his 
Act  shall  be  liable  to  fine  of  not  more  than  $500,  or  jess 
than  $50,  and  shall  also  be  liable  for  the  expense  incur  -ed 
by  said  officers  or  board  in  procuring  the  information  in 
any  other  manner  than  provided  herein,  to  be  collected  in 
a  civil  action  in  the  name  of  the  State. 

Emergency.  §  10.  Whereas,  an  emergency  exists,  in 
that  there  is  no  provision  under  the  present  law  requir  ng 
railroad  and  telephone  companies  to  make  the  reports  re- 
quired by  this  Act,  this  Act  shall  be  in  force  and  t  ikg 
effect  upon  its  passage  and  approval. 

Approved  March  6,  1911. 


LIABILITY    OF  RAILROADS   FOR  DAMAGES   FROM   FIRE. 


•^ 


Be  it  enacted,  etc.: 

§  1.     That  §  4303  of  the  revised  codes  of  North  Dal( 
of  1905  be,  and  the  same  is  hereby  amended  and  re-ena<  te 
to  read  as  follows: 

Liability  for  damages  from  fire.  §  4303.  All  railr  lad 
companies  or  corporations  operating  or  running  cars  or 
steam  engines  over  roads  in  this  State  shall  be  liable  to  iny 
party  aggrieved  for  all  damages  resulting  from  fire  es'  ap- 
ing or  being  scattered  or  thrown  from  said  cars  or  engii  es; 
provided,  that  such  railroad  company  or  corporation  s  lall 
not  be  liable  for  said  damages  when  the  same  results  t  qij 
the  default  or  negligence  of  the  party  injured. 

Repeal.     §  2.     That  §  4303  of  the  revised  codes  of 
Dakota  of  1905,  be  and  the  same  is  hereby  repealed 

Approved  March  3,  1911. 

REQUIRING    EMIGRANTS    TO    FILE    TAX    RECEIPTS. 

Be  it  enacted,  etc.: 

Shipment  of  emigrant  movable — Tax  receipt  regv 
§  1.  That  it  shall  be  the  duty  of  the  agent  of  any  trj 
portation  company,  or  common  carrier  within  and  oper- 
ating in  the  State  of  North  Dakota,  to  require  the  shipper 
of,  or  person,  or  persons,  offering  for  shipment  any  ami- 
grant  movable,  live  stock  or  household  goods.  In  weight 
more  than  1,000  pounds,  that  the  party  or  parties  offering 
such  shipment  for  transportation  shall  before  the  same  is 
received  for  shipment  deposit  with  the  agent  cf  such  trans- 
portation company  the  paid  tax  receipt  for  the  current 
year  in  which  such  shipment  is  offered  for  transportation. 

Emergency.    §  2.    Whereas,  there  are  now  being  no  law 
by  which  shipments  of  emigrant  movable  and  live  stock 


Public  Service  Laavs 


1045 


on  which  taxes  are  due,  can  be  prevented,  this  Act  shall  be 
in  effect  from  and  after  its  approval. 
Approved  March  6,  1911. 

WAREHOUSEMEN   TO    FILE    BONDS. 

Be  it  enacted,  etc.: 

§  1.  That  §  2247  be  amended  to  read  as  follows: 
Bond  to  be  filed.  §  2247.  The  proprietor,  lessee,  or 
manager  of  any  public  warehouse,  elevator  or  flour  mill 
or  any  individual  buying  or  shipping  grain  for  profit  in  this 
State  and  who  does  not  pay  cash  in  advance  for  the  grain 
so  bought  shall  file  with  the  commission  of  railroads  a 
bond  to  the  State  with  good  and  sufficient  sureties  to  be 
approved  by  such  commissioners  in  the  penal  sum  of  not 
less  than  $5,000  nor  more  than  $75,000,  in  the  discretion  of 
the  commissioners,  conditioned  for  the  faithful  performance 
of  their  puties  as  public  warehousemen  and  a  compliance 
.  with  all  the  laws  of  this  State  in  relation  thereto.  One 
bond  only  need  be  given  for  any  line  of  elevators,  mills  or 
warehouses  owned,  controlled  or  operated  by  one  individ- 
ual. Arm  or  corporation.  Such  bond,  specifying  the  location 
of  each  elevator,  mill  or  warehouse  operated  by  such  indi- 
vidual, firm  or  corporation,  shall  be  in  sufficient  amount  to 
protect  the  holders  of  outstanding  tickets. 
Approved  March  6,  1911. 

RAILROADS  TO  MAINTAIN  TELEPHONE  CONNECTIONS. 

Be  it  enacted,  etc.: 

Railroads  to  maintain  telephone  connections.  §  1.  Every 
railroad  corporation  or  common  carrier  shall  provide,  fur- 
nish and  maintain  in  all  of  their  freight  and  ticket  offices 
in  all  towns,  cities  and  villages  in  this  State,  where  there 
is  a  local  telephone  exchange  and  where  such  service  is 
available,  reasonable  and  adequate  telephone  connections 
for  the  use  and  benefit  of  its  patrons. 

Penalty.  §  2.  Any  railroad  corporation  or  common  car- 
rier violating  the  provisions  of  this  Act  shall  be  fined  not 
less  than  $100  nor  more  than  $200  for  each  offense,  and  it 
shall  be  the  duty  of  the  State's  attorney  upon  orders  from 
the  railroad  commissioners  or  upon  complaint  of  any 
citizen,  to  commence  and  prosecute  all  actions  necessary 
for  the  enforcement  of  this  Act. 

Approved  March  6,  1911. 

STOP   PASSENGER   TRAINS   AT   COUNTY   SEATS. 

Be  it  enacted,  etc.: 

Stop  at  county  seats.  §  1.  Every  person,  company  or 
corporation  operating  a  railroad  within  or  through  this 
State,  shall  cause  all  its  regular  passenger  trains  to  stop 
upon  their  arrival  at  its  station  at  each  county  seat, 
through  or  by  which  such  trains  run  wherever  such  person, 
company  or  corporation  operating  such  railroad  has  here- 
tofore established,  or  shall  hereafter  establish,  a  station 
within  one  mile  of  the  corporate  limits  of  such  county  seat, 
a  sufficient  length  of  time  to  receive  and  let  off  passengers 
with  safety;  provided,  the  same  shall  not  apply  to  any 
passenger  train  which  does  not  carry  passengers  whose 
trip  both  begins  and  terminates  within  the  boundaries  of 
the  State  of  North  Dakota. 

Penalty.  S  2.  Every  person,  company  or  corporation 
failing  to  comply  with  the  provisions  of  the  last  section 
shall  be  subject  to  a  penalty  of  $500  for  each  and  every 
offense,  to  be  recovered  in  a  civil  action  in  the  name  of  the 
State,  and  to  be  paid,  when  collected,  to  the  State  of  North 
Dakota,  to  be  credited  to  the  common  school  fund;  and  it  is 
hereby  made  the  duty  of  the  State's  attorney  of  the  county, 
upon  complaint  of  any  citizen,  to  commence  and  prosecute 
such  action  on  behalf  of  the  State. 

Repeal.  §  3.  Section  4302  of  the  revised  codes  of  the 
State  of  North  Dakota  of  1905,  and  chapter  202  of  the  ses- 
sion laws  of  the  State  of  North  Dakota  of  1907,  are  hereby 
and  in  all  things  expressly  repealed. 

Emergency.  §  4.  Whereas,  there  is  no  provision  of  law 
requiring  railroad  companies  to  stop  all  regular  passenger 
;  trains  at  county  seats,  this  Act  shall  take  effect  and  be  in 
j  force  from  and  after  its  passage  and  approval. 

Approved  February  27,  1911. 

MAINTENANCE    OF    STATION    HOUSES. 

Be  it  enacted,  etc.: 

1 1.  That  §  4305  of  the  1905  revised  codes  of  North 
Dakota  be  amended  to  read  as  follows: 

When  stations  to  be  maintained.  §  4305.  Every  rail- 
road corporation  in  the  State  of  North  Dakota  shall  build 
a  station  house  and  keep  a  station  agent  12  months  each 


year,  when  so  ordered  by  the  railroad  commissioners,  at  all 
of  its  sidings  where  there  is  grain  and  merchandise  of  any 
description  to  be  shipped;  when  the  outgoing  and  incoming 
freight  and  all  other  receipts  at  said  station  amounts  to 
$12,000  or  more  in  any  one  year.  Provided,  that  said  sta- 
tions are  not  less  distant  than  5  miles  apart  upon  the  same 
line  of  railway. 

§  2.  All  Acts  or  parts  of  Acts  in  so  far  as  they  conflict 
with  this  Act  are  hereby  repealed. 

Emergency.  §3.  Whereas,  an  emergency  exists  in  that 
there  is  no  law  governing  the  provisions  of  this  Act,  there- 
fore this  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

Approved  February  27,  1911. 

SHIPMENT    OF    LIVE    STOCK. 

Be  it  enacted,  etc.: 

Certain  contract  provisions  void.  §  1.  Any  provision, 
stipulation  or  condition  in  any  shipping  contract,  bill  of 
lading  or  other  agreement  hereafter  made  or  entered  into 
by  or  between  any  common  carrier  and  the  owner  or  ship- 
per of  any  shipment  of  live  stock,  providing  that  written 
or  verbal  notice  of  loss,  injury  or  damage  tbereto  or  of 
claim  therefor,  shall  be  made  or  given  to  any  common  car- 
rier or  to  any  other  person  within  any  period  less  thar  30 
days  from  the  date  of  the  occurrence  of  any  such  loss, 
injury  or  damage,  shall  be  void  and  of  no  effect. 

Repeal.  §  2.  All  Acts  and  parts  of  Acts  in  conflict 
herewith  are  hereby  repealed. 

§  3.  This  Act  shall  take  effect  and  be  in  full  force  from 
and  after  its  passage  and  approval. 

Approved  February  11,  1911. 

SANITARY   ROOMS   IN    RAILROAD   STATIONS. 

Be  it  enacted,  etc.: 

Railroad  companies  to  maintain  toilet  room  in  certain 
cases — Power  of  railroad  commissioners.  §  1.  The  board 
of  railroad  commissioners  of  this  State  is  hereby  author- 
ized and  empowered  to  order  all  railroad  companies  oper- 
ating within  this  State  to  provide  or  cause  to  be  pro- 
vided suitable  toilet  rooms  for  each  sex  in  every  railroad 
station  waiting  room  located  on  its  lines  in  this  State 
where  a  sewerage  system  is  maintained  within  300  feet 
of  such  station  waiting  rooms. 

Provided,  that  in  case  there  is  no  sewerage  or  water 
system  maintained  where  such  station  waiting  rooms  are 
located,  then  and  In  such  case  suitable  closets  or  privies 
for  each  sex  shall  be  maintained  in  a  clean  and  sanitary 
condition  within  a  reasonable  and  convenient  distance 
of  said  station  waiting  rooms,  and  that  said  waiting  room  - 
floors  shall  be  washed  or  scrubbed  at  least  once  a  week 
with  some  standard  disinfectant,  and  such  waiting  rooms 
shall  at  all  times  be  maintained  in  a  comfortable  and  san- 
itary condition. 

Penalty.  §  2.  Any  railroad  company  maintaining  wait- 
ing rooms  at  their  stations  in  this  State  who  shall  fail  to 
comply  wifh  any  order  of  the  board  of  railroad  commis- 
sioners, under  this  law,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not 
exceeding  $100  and  cost  of  prosecution. 

Approved  February  11,  1911. 

SAFETY    DEVICES    ON    RAILROADS — 1911. 

Be  it  enacted,  etc. : 

Complaint  by  city  council  to  railroad  commission.  §  1. 
Upon  written  complaint  authorized  by  a  majority  vote  of 
all  the  members  of  the  city  council  being  filed  with  the 
railroad  commissioners  of  this  State  by  the  chief  executive 
officer  of  any  village  or  city  in  the  State  of  North  Da- 
kota on  its  behalf,  that  the  crossing  of  any  railroad  com- 
pany, naming  it,  with  any  street  in  said  village  or  city, 
describing  it  as  dangerous  to  life  and  property  and  giving 
the  reason  thereof,  said  railroad  commissioners  shall  forth- 
with investigate  the  same  and  to  that  end  shall  have  at 
least  one  public  hearing  in  the  village  or  city  making 
such  complaint,  at  a  time  to  be  fixed  by  said  commis- 
sioners and  at  a  place  to  be  held  upon  notice  to  be  given 
by  said  railroad  commissioners  to  all  parties  interested, 
and  shall  be  held  in  not  less  than  30  nor  more  than  60 
days  after  the  date  of  filing  of  such  complaint. 

Findings — How  certified.  §  2.  Within  10  days  after 
such  public  hearing  said  commissioners,  by  a  majority 
vote  of  the  members  thereof,  shall  decide  the  matter  set 
forth  In  said  complaint  and  shall  make  a  report  in  writing 


1046 


National  Association  of  Railway  Commissioxehs 


in  respect  thereto,  which  shall  include  the  findings  of 
fact,  which  the  conclusions  of  the  commissioners  are 
based  upon,  together  with  the  recommendation  of  said 
commissioners  as  to  what  kind  of  safety  device,  if  any, 
should  be  installed  at  said  crossing  to  make  the  same 
safe  to  life  and  property.  Said  findings  shall  be  in  writing 
and  signed  by  the  members  of  said  commission  in  favor 
thereof  and  shall  be  filed  with  the  secretary  of  said  com- 
mission and  entered  for  record  in  his  ofiice.  If  said  com- 
mission shall  find  in  favor  of  further  protection  for  said 
crossing  it  shall  issue  an  order  to  the  railroad  company 
named  in  said  petition  directing  said  railroad  company 
v.ithin  60  days  after  such  order  to  establish  and  therefater 
maintain,  at  such  crossings,  such  gates,  flagmen  or  safety 
devices  as  such  commission  may  therein  direct,  and  such 
as  will  render  such  crossing  safe  to  life  and  property. 
Service  of  such  order  shall  be  made  upon  any  railroad 
company  in  the  same  manner  as  a  summons  in  a  civil 
action  is  served. 

Order.  §  3.  Whenever  any  such  order  is  made  such 
railroad  company  may  appeal  therefrom  in  the  same  man- 
ner as  appeals  are  allowed  to  be  taken  from  orders  made 
by  said  commission  fixing  rates  of  railroad  companies, 
and  where  no  appeal  is  taken  the  order  of  the  commis- 
sion may  be  enforced  by  the  attorney-general  the  same 
as  orders  relating  to  the  control  of  railroads. 

Appeal.  S  4.  In  addition  to  the  foregoing,  any  railroad 
company  failing  to  comply  with  the  order  of  said  com- 
mission if  not  appealed  from  as  hereinbefore  provided,  or 
if  appealed  from  and  confirmed  on  appeal  shall  be  liable 
to  a  penalty  of  $50  per  day  for  each  and  every  day  that 
said  railroad  company  does  not  so  conform  to  said  order, 
to  be  recovered  as  damages  in  a  civil  action  by  and  for  the 
benefit  of  the  village  or  city  making  such  complaint. 

Flagman.  §  5.  Whenever  it  shall  appear  that  owing  to 
any  construction  work  or  repair  work,  or  for  any  other 
cause  an  unusual  number  of  trains  are  being  operated  in  or 
through  any  village  or  city  in  this  State,  the  State  rail- 
road commissioners  shall  have  the  power,  upon  complaint 
by  any  village  or  city  council,  through  its  chief  executive 
officer,  to  compel  the  installation  of  a  flagman  or  flagmen, 
as  the  case  may  be,  without  a  hearing,  and  such  order 
shall  be  complied  with  within  five  days;  provided,  that 
such  railroad  companies  may  remove  such  flagmen  when- 
ever the  movements  of  trains  through  such  village  or 
cities  assumes  its  normal  conditions. 

Approved  March  3,  1911. 

CO.\TI{.\C'IS    LIMITING    LT.MilLITY    OF    COMMON    (AnUlKIt. 

Be  it  eiiat.-tiy.l,  etc.: 

Amendment.  ^  1.  Section  5678  of  the  civil  code  of  the 
revised  codes  of  the  State  of  North  Dakota^  edition  of 
1905,  being  §  4230  of  the  civil  code  of  the  revised  codes 
of  the  State  of  North  Dakota,  edition  1895,  is  amended 
and  re-enacted  so  as  to  read  as  follows: 

Exoneration  hy  agreement  limited.  S  5678.  A  common 
carrier  cannot  be  exonerated  by  any  agreement  made  in 
anticipation  thereof  from  liability  for  the  negligence, 
fraud,  or  other  wrongful  act  of  himself  or  his  servants. 

Approved  March  13,  1907. 

HOURS    OF    SERVICE    OF   RAILWAY    EMPLOYES    LIJIlTEn. 

Be  it  enaeted,  etc.: 

Hours  limited.  §  1.  It  shall  be  unlawful  for  any  rail- 
road, railroad  corporation  or  common  carrier  engaged  in 
commerce  in  whole  or  in  part  within  this  State,  or  any 
of  its  officers  or  agents,  to  require  or  permit  any  employes 
engaged  in  or  connected  with  the  movement  of  any  train 
carrying  freight  or  passengers  within  the  State  to  remain 
on  duty  more  than  16  consecutive  hours,  except  when  by 
casualty,  storms,  wrecks,  washouts,  snow  blockades  or 
any  unavoidable  delay  arising  from  like  causes  he  is  pre- 
vented from  reaching  his  terminal;  or  to  require  or  permit 
any  such  employe  who  has  been  on  duty  16  consecutive 
hours  to  go  on  any  duty  without  having  at  least  eight 
hours'  rest. 

Penalty.  §  2.  Any  such  railroad,  railroad  corporation 
common  carrier,  or  any  of  its  officers  or  agents  violating 
any  of  the  provisions  of  this  Act  shall  be  deemed  guilty 
of  misdemeanor  and  shall,  upon  conviction  thereof  in  any 
District  Court  of  the  State  of  competent  jurisdiction,  be 
subject  to  a  fine  of  not  less  than  $100  nor  more  than  $1,000 
for  each  offence;  and  it  shall  be  the  duty  of  the  railroad 


e  »  all.  >i' 

place,  to^ 
.   elect  -ifT* 


commissioners  to  fully  investigate  all  cases  of  any  viola- 
tion of  this  Act,  and  said  railroad  commissioners  shall 
forthwith  notify  the  attorney-general  of  such  violation 
thereof  as  may  come  to  their  knowledge,  and  it  shall  be 
the  duty  of  the  attorney-general  to  prosecute  or  cause  to 
be  prosecuted  all  violations  thereof. 

Repeal.  S3.  All  Acts  or  parts  of  Acts  in  conflict  with 
this  Act  are  hereby  repealed.  .^— 

Approved  March  8,  1907.  -jH 

LIGIITI.NG    OK    DKI'OT   PLATFORMS.  '^^ 

Be  it  enaeted,  etc.: 

Railroad  depot  lamps  must  he  provided.  §  1.  All  rail- 
road companies  using  steam  as  a  motor  power  and  en- 
gaged in  the  business  of  carrying  passengers  to  and  from 
stations  located  in  this  State  shall  provide  for  the  lighting 
of  each  and  every  depot  platform  used  by  passengers  in 
getting  on  and  oft'  from  trains.  At  least  one  lamp,  with 
a  lighting  power  equal  to  that  of  the  ordinary  street  lamp, 
shall  be  placed  at  each  end  of  each  and  every  said  platform. 
During  the  hours  of  night  said  lamp  or  lamps  shall  be 
lighted  for  a  period  of  at  least  one  hour  before  and  30 
minutes  after  the  arrival  of  each  and  every  train,  providing 
that  said  train  stops  at  such  depot  or  platform  for  the 
purpose  of  letting  passengers  on  and  off. 

Penalty.  %2.  In  each  and  every  town,  villape  or  c  ty 
where  a  railroad  company  violates  the  provisions  of  \  1 
of  this  Act,  such  company  shall  upon  conviction  thereof 
be  subject  to  a  fine  of  not  less  than  $5  nor  more  than  \  10 
for  each  and  every  day  during  the  time  such  violations 
continue  to  be  made,  said  fine  to  be  recovered  in  ci?!! 
action  by  any  competent  court  and  it  is  hereby  made  the 
duty  of  the  attorney-general  and  the  various  State's  att>r- 
neys  of  the  counties,  wherein  such  violations  take  place,  to^ 
prosecute  the  violators  of  this  Act. 

Approved  March  13,  1907. 

URBAN    ELECTRIC    RAILWAYS. 

Be  it  enacted,  ete.r 

Granted  right  of  condemnation.  §  1.  Urban 
railways  are  hereby  specifically  granted  and  given  1  he 
same  rights,  privileges  and  powers  granted  and  gii  en 
to  steam  railways  in  this  State,  including  the  right  of 
organization  and  of  condemnation  of  real  property  or 
right  of  way;  provided,  that  when  they  shall  exerc  se 
the  right  of  eminent  domain  they  shall  become  subj  ct 
to  the  laws,  rules  and  regulations  governing  other  pul  lie 
corporations   having  the   right   of   eminent   domain. 

Emergency.  §  2.  Whereas,  an  emergency  exists  in  tl  is, 
that  there  is  now  no  law  on  the  statute  bcok  for  he 
incorporation  and  operation  of  urban  electric  railwsys, 
therefore  this  Act  shall  take  effect  and  be  in  force  fr  rt 
and   after   its   passage   and   approval. 

Approved   March   13,   1907. 

SCHOOL   LAND   CONTRACTS. 

Be  it  enacted,  etc.: 

Contract  may  he  surrendered — Railroad  right  of  tea  i-^ 
New  contract.  §  6.   Whenever  any  holder  of  any  contract  for 
purchase    of    any    State    or    school    land    shall    surren  ler 
the   same    to   the    board    cf   university    and    school   lai  ds, 
and    shall    present    satisfactory   evidence    that    a    railr  )ad 
has  been  located  and  established  across  the  land  covered: 
by  such  contract,  subsequent  to  the  issuance  thereof,    ind 
shall  file  a  plat  of  such  land  showing  the  exact  locat  on, 
width  and  area  in   acres  of  the   lands  required   for  r:e;ht 
of  way  for  such  railroad  across  said  land,  and   shall   pay 
to  the  State  treasurer  the  balance  of  the  purchase  p  ice 
under   said    contract   and    all    interest   and    taxes    thereon  • 
to  date  for  the  acreage  taken   for  such   railroad  righ     of  i 
way,    and    shall    make    application    in    writing    that    such 
contract  be  canceled  and  that  a  new  contract   be  issued  ; 
to    such    applicant    for   the    land    less    the    acreage    taken 
for    such    railroad    right   of   way,    it    shall    be    lawful    for  j 
the   board  to  cause  such  new   contract   to   be  issued   and 
to  issue  a  deed  to  the  railroad  company  for  the  land  so 
deducted    from    the    tract    embraced   in    the    original    con- 
tract, and  required  for  such  right  of  way;    provided,  that 
the    commissioner    of    university    and    school    lands    shall 
charge  and  collect  a  fee  of  $5  for  each  new  contract  and 
each  deed  so  issued,  which  fee  shall  be  paid  to  the  State 
treasurer  and  become  a  part  of  the  expense  fund  of  the 
beard   of   university   and    school   lands. 

Approved  March  19,  1907. 


5ys, 
nvgrn 

I 


Public  Service  Laws 


1047 


nilPOUTR    OF   EI.EVATOKS    AND    WAREHOVSEMEX. 

Be  it  enacted,  etc.: 

Report  of  grain  shipments.  §  1.  The  owner,  agent  or 
operator  of  every  elevator,  warehouse  or  grain  station 
shall  make  an  annual  sworn  statement  and  report  to 
the  commissioner  of  agriculture  and  labor,  on  or  before 
the  twentieth  day  of  August  in  each  year.  Such  report 
shal  shew  the  amount  and  kind  of  grain  bought  and 
shipped   during   the   preceding    year   ending    July    30. 

Report  of  track  or  independent  buyers.  S  2.  Every  sta- 
tion agent  of  every  railroad  shall  report  to  the  commis- 
sioner of  agriculture  and  labor  annually,  as  provided  in 
tlie  preceding  section,  the  amount  of  grain  shipped  by 
independent  or  track  buyers  or  by  other  individuals  not 
the  owners  or  operators  of  any  warehouse  or  elevator  at 
his  station. 

Commissioner  of  agrictilture  furnishes  blanks.  §  3.  It 
shall  be  the  duty  of  the  commissioner  of  agriculture  and 
labor  to  furnish  all  persons  required  to  make  the  reports 
provided  for  in  this  Act  with  the  necessary  and  appro- 
priate blanks  on  which  to  make  and  return   such  report. 

Approved  March  19,  1907. 

i:le\'.\toh  licenses. 

Be  it  enacted,  etc.: 

Amendment.  SI.  Section  2245  be,  and  the  same  is 
hereby  amended   to  read   as   follows: 

Licenses,  how  obtai7ied — Fee,  hoic  determined.  S  2245. 
A  biennial  State  license  must  be  maintained  through 
the  'commissioners  of  railroads  to  expire  on  the  first 
day  of  August  of  each  odd  numbered  year  and  for  each 
and  every  public  grain  warehouse  in  operation  in  this 
State.  No  license  issued  under  this  article  shall  describe 
more  than  one  public  grain  warehouse,  or  grant  per- 
mission to  operate  any  other  public  grain  warehouse 
than  the  one  therein  described.  The  license  fee  is 
hereby  fixed  at  $8  for  warehouses  of  a  capacity  of  12,- 
000  bushels  or  less,  and  $10  for  warehouses  of  a  capacity 
of  over  12,000  bushels  and  not  to  exceed  25,000  bushels, 
and  $12  for  all  warehouses  over  25,000  bushels  and  not 
to  exceed  50,000  bushels,  and  $20  for  all  warehouses  over 
50,000  bushels  and  not  to  exceed  80,000  bushels,  and 
$25  for  all  warehouses  over  80,000  bushels  capacity  for 
each  public  grain  warehouse;  provided,  that  before  any 
license  is  issued  the  person  applying  therefor  shall  file 
with  the  commissioners  of  railroads  the  receipt  of  the 
State  treasurer  showing  that  the  applicant  has  paid 
into  the  State  treasury  the  amount  of  said  license  fee. 

Approved   March   19,    1907. 

CEKTIFICATE  OF  IXSrECTIO.X   AXI)   WEKillT. 

Be  it  enacted,  etc.: 

■  Requiring  the  return  of  certificate  of  weight  and  inspec- 
tion, i  1.  Every  elevator  company,  corporation,  copartner- 
•  ship  or  association  of  individuals,  operating  any  elevator, 
building  or  place  in  this  State  for  the  purchase,  storage 
or  deposit  of  any  grain  or  other  farm  commodity,  shall 
return  to  the  local  buyer  at  the  place  where  such  grain 
cr  other  farm  commodity  js  purchased,  stored  or  de- 
posited the  official  certificate  of  inspection,  together  with 
the  weighmaster's  certificate  for  any  such  grain  or  other 
farm  commodity  sold,  whether  said  grain  is  sold  in  this 
State  or  in  any  foreign  State  where  such  grain  is  weighed 
and   inspected. 

Duty  of  agent  or  local  buyer.  §  2.  It  shall  be  the  duty 
of  the  local  buyer  or  agent  of  the  elevator  company  or 
other  association  enumerated  in  §  1  of  this  Act  to  post 
In  a  ccnspicuous  place  in  such  elevator  building  or  place 
the  official  weighmaster's  certificate  and  the  official  in- 
spector's certificate,  and  have  the  same  at  all  times  so 
that  the  public  may  inspect  the  same. 

When  certificates  are  to  be  returned.  §  3.  The  elevator 
company  or  other  association  enumerated  in  §  1  of  this 
Act  shall  forthwith,  upon  the  sale  of  each  car  or  part 
of  car  of  grain  or  other  farm  commodity,  return  the 
certificates   provided   for  in  this   Act. 

Penalty.  §  4.  Any  elevator  company,  corporation,  co- 
partnership, or  other  association  of  Individuals,  or  any 
person  who  shall  violate  any  of  the  provisions  of  this 
Act,  shall  be  guilty  of  a  misdemeanor,  and  all  right  to 
transact    any    business    in    this    State    shall    be    forfeited. 


Repeal.  §  5.  All  Acts  and  parts  of  Acts  in  conflict  with 
this   Act  are   hereby   repealed. 

Emergency.  §  6.  Whereas,  an  emergency  exists  In  that 
there  is  no  valid  law  regulating  the  matters  set  forth 
in  this  Act,  this  Act  shall  take  effect  and  be  in  force 
from   and  after  its   passage  and  approval. 

Approved   March   12,   1907. 

KEGULATIXG   TELEGRAPH    SERVICE. 

Be  it  enacted,  etc.: 

Must  maintain  sufficient  equipment.  §  1.  All  persons, 
corporations  and  companies  doing  a  public  telegraph 
business  within  the  State  shall  maintain  sufficient  wires 
and  equipment  to  give  prompt  service  and  dispatch. 
All  messages  received  in  any  telegraph  office  within  the 
State  must  be  delivered  promptly  If  it  is  within  the 
power  of  a  telegraph  company  to  locate  the  party  to 
whom   the   message   is   addressed. 

Messages  transmitted  promptly.  §  2.  All  messages  left 
at  the  office  of  any  telegraph  cffice  or  the  office  of  any 
railroad  station  where  public  service  is  maintained,  must 
be  transmitted  promptly,  providing  said  message  is  pre- 
paid by  the  sender.  In  no  ease  must  a  message  remain 
at  the  telegraph  office  or  station  unsent  more  than  30  min- 
utes, except  in  case  of  accident  to  the  lines,  such  as  broken 
wire  or  during  severe   storms. 

Blanks  used  conform  to  Act.  §  3.  All  blanks  and  forms 
used  for  the  sending  of  telegrams  within  the  State  must 
comply  with  the  requirements  of  this  Act,  and  it  shall 
be  the  duty  of  any  companies  doing  a  telegraph  business 
for  a  compensation  within  the  State  to  conduct  their 
business  and  offices  in  such  a  manner  that  this  Act  be 
not   violated. 

Penalty.  §  4.  Any  person,  company  or  corporation  or 
any  agent  of  the  same  who  shall  violate  any  of  the 
provisions  of  this  Act  shall  be  subject  to  a  fine  of  not 
less  than  $100  nor  more  than  $500,  tcr  each  offense,  and 
shall  also  be  liable  to  the  sender  or  receiver  of  the 
message  on  which  violation  was  made,  for  all  damages 
resulting  from  such  delay,  and  the  criminal  procedure 
is  hereby  made  applicable  for  collecting  fines  under 
this   Act. 

Approved  March  13,  1907. 

INJURING    ELECRTIC    \VIRE.S. 

Be  it  enacted,  etc.: 

Amendment.  §  1.  Section  9312  of  the  revised  codes  of 
1905  is  amended  to  read  as  follows: 

Injuring  electric  ivircs  misdemeanor.  §9312.  Every 
person  who  wilfully  or  maliciously  takes  down,  removes, 
injures  or  obstructs  any  line  of  telegraph,  telephone  or 
electric  wires  or  any  part  thereof,  or  appurtenances  or 
apparatus  therewith  connected,  or  severs  any  wire  thereof, 
is  guilty  of  a  misdemeanor. 

Approved  March  12,  1907. 

THEFT  OF  ELECTRIC  CURRENT. 

Be  it  enacted  by  the  legislative  assembly  of  the  State  of 
North  Dakota: 

Electric  current,  fraudulently  using — Misdemeanor.  §  1. 
Every  person  who,  with  intent  to  defraud,  makes  or  causes 
to  be  made  any  wires  or  other  instruments  or  contrivances 
or  connection,  and  connects  the  same  or  causes  it  to  be 
connected,  with  any  wire  laid  or  strung  for  conducting 
electric  current,  so  as  to  conduct  or  carry  electric  current 
to  a  point  where  the  same  may  be  consumed  without  its 
passing  through  the  meter  provided  for  registering  the 
quantity  consumed  or  in  any  manner  to  evade  paying  there- 
for, and  every  person  who  with  like  intent  injures  or  alters 
any  electric  meter  or  any  electrical  appliance,  instrument, 
wire  or  connection,  or  obstructs  their  action,  is  guilty  of  a 
misdemeanor. 

Approved  March  8,  1907. 

TELEPHONE  LANGUAGE. 

Be  it  enacted,  etc. : 

Unlawful  to  use  obscene  language — Penalty.  §  1.  Any 
person  who  shall  utter  or  speak  any  obscene  or  lascivious 
language  over  any  public  telephone  line  in  this  State  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  any  justice  of  the  peace,  or  before  any 
County  Court  exercising  jurisdiction,  as  provided  by  the 
constitution  of  this  State,  shall  be  liable  to  a  fine  of  not 
more  than  $100,  or  Imprisonment  in  the  county  jail  for-a 


1048 


National  Association  of  Railway  Commissioners 


period  uot  exceeding  30  days,  at  the  discretion  of  the 
court  or  magistrate  before  whom  a  conviction  shall 
be  had. 

Emergency.  §  2.  Whereas,  an  emergency  exists,  in  that 
there  is  no  provision  of  law  forbidding  the  matters  pro- 
hibited in  this  Act,  this  law  shall  take  effect  and  be  in 
force  on  and  after  its  passage  and  approval. 

Approved  March  13,  1907. 

MAXISrUM  TRANSPORTATION  BATES. 

the  violation  thereof. 
Be  it  enacted,  etc.: 

Two  and  one-Tialf  cents  a  mile  and  family  mileage  books. 
§  1.  Every  railroad,  railroad  corporation  and  common  car- 
rier doing  business  in  this  State,  their  officers,  agents,  rep- 
resentatives, employes,  trustees,  receivers  and  lessees  shall 
be  limited  to  a  compensation  of  not  to  exceed  2^^  cents 
per  mile  for  distances  exceeding  six  miles,  for  the  trans- 
portation of  any  person  with  ordinary  baggage  not  exceed- 
ing 150  pounds  in  weight;  and  for  children  five  years  of 
age  and  less  than  12  years  of  age,  one-half  fare  charged 
for  adults;  and  for  children  under  five  years  old  who  are 
traveling  with  an  adult  paying  full  fare  no  charge  shall 
be  made;  provided,  that  every  railroad,  railroad  corpora- 
tion and  common  carrier  doing  business  in  this  State  shall 
issue  upon  request  of  any  person,  mileage  books  in  de- 
nomination of  1,000  miles,  limited  to  not  less  than  one 
year  from  date  of  issue  and  redeemable  within  one  year 
after  the  expiration  of  such  limitation,  with  baggage  and 
other  facilities  similar  to  those  accompanyng  regular  trip 
tickets,  at  a  price  of  $20  each;  that  such  mileage  books 
shall  be  good  for  travel  by  the  purchaser  and  such  adult 
members  of  his  family  as  he  may  designate  and  whose 
names  are  then  and  there  written  thereon,  but  the  fare 
shall  always  be  made  that  multiple  of  five  nearest  reached 
by  multiplying  the  rate  by  the  distance;  provided,  further, 
that  the  provisions  of  this  Act  shall  not  apply  to  the 
transportation  of  passengers  within  the  boundaries  of  any 
city  by  street  railway  companies.  Every  officer,  agent, 
conductor,  representative  or  any  employe  of  any  railroad, 
railroad  corporation  or  common  carrier  who  shall  aid  or 
abet  any  such  railroad,  railroad  corporation  or  common 
carrier  in  the  violation  of  this  Act  by  selling,  charging  or 
collecting  for  any  ticket  or  transportation  over  any  rail- 
road any  greater  sum,  charge  or  rate  than  that  above 
specified  shall  be  deemed  personally  guilty  of  a  violation 
of  this  Act  and,  upon  conviction,  shall  be  punished  as 
hereinafter  provided.  The  sum  of  10  cents  may  be  added 
to  the  legal  fare  when  the  same  is  paid  on  the  cars;  pro- 
vided, that  a  reasonable  opportunity  has  been  afforded 
to  passengers  to  purchase  tickets  at  the  legal  rate  of  fare 
before  boarding  the  train. 

Compulsory  testimony.  §  2.  No  person  and  no  officer, 
agent,  representative  or  employe  of  any  railroad,  railroad 
corporation  or  common  carrier  shall  be  excused  from 
testifying  or  producing  books  and  documents  in  his  posses- 
sion in  relation  to  any  violation  of  this  Act  on  the  ground 
that  such  testimony,  books  or  documents  would  tend  to 
convict  the  person  so  testifying  of  a  crime;  but  no  per- 
son so  testifying  shall  be  liable  to  prosecution  or  punish- 
ment for  any  offense  concerning  which  he  has  been  re- 
quired to  testify  or  to  produce  books  or  documents. 

Penalty.  §  3.  Every  such  railroad,  railroad  corporation 
or  common  carrier  violating  any  of  the  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $500  nor  more  than  $5,000;  and  any  agent  or  officer 
so  offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  $50  or  more  than  $100  or  by  imprisonment  in  the 
county  jail  for  not  less  than  30  days  or  more  than  90  days, 
or  by  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 

Repeal:  §  4.  All  Acts  and  parts  of  Acts,  in  so  far  as 
they  conflict  with  this  Act  are  hereby  repealed. 

Approved  March  13,  1907. 

reciprocal  demurrage. 
Be  it  enacted,  etc.: 

Daily  local  passenger  trains — Penalty  for  failure  to  run. 
i  1.  It  shall  be  the  duty  of  every  railroad  corporation 
operating  a  line  or  lines  of  railroad  within  this  State, 
except  branch  lines  that  may  hereafter  be  constructed, 
whether  such  lines  are  wholly  or  partly  within  this  State 


and  partly  within  other  States  or  foreign  country,  to  move- 
over  its  line  or  lines  of  road  within  this  State,  each  way 
on  every  business  day  of  the  year,  at  least  one  local  pas- 
senger train  to  consist  of  not  less  than  one  engine  and 
tender  and  combination  mail,  express  and  baggage  car  and 
two  passenger  coaches,  and  at  least  one  freight  train; 
provided,  however,  that  if  any  railroad  corporation  shall 
make  it  appear  to  the  board  of  railroad  commissioners 
of  this  State  that  the  business  on  any  line  of  its  road  will 
not  justify  its  operating  both  the  passenger  and  freight 
train  herein  provided  for  and  said  board  shall  so  order,  such 
company  may  operate  one  mixed  train  on  such  line  each 
way  on  every  business  day  in  the  year  for  such  time  as. 
said  board  may  direct;  provided,  further,  that  such  mixed 
train  shall  be  supplied  with  not  less  than  one  passenger 
coach  and  one  combination  baggage  and  passenger  coach 
for  the  accommodation  of  passengers.  For  each  and  every 
violation  of  the  provisions  of  this  section  the  railroad 
company  shall  be  subject  to  a  fine  of  $500 

Reception  of  freight—Demurrage  for  delay  in  shipment. 
§  2.  It  shall  be  the  duty  of  every  railroad  corporation  oper- 
ating its  roads  within  this  State  to  receive  any  and  ill 
freight  offered  to  it  at  any  of  its  stations  within  this  State 
for  transportation  to  another  point  within  this  State, 
and  to  deliver  to  the  person  offering  such  freight  for  trans- 
portation a  proper  receipt  therefor  showing  the  time  such 
freight  is  received,  and  such  railroad  corporation  shall  de- 
liver such  freight  at  its  destination  by  the  next  schedule 
train;  provided,  such  freight  is  offered  to  such  railroad  cor- 
poration between  the  hours  of  8  o'clock  a.  m.  and  5  o'clock 
p.  m.  on  any  business  day,  and  at  least  two  hours  before" 
the  time  the  next  local  freight  train  is  scheduled  to  leave 
such  station  to  the  station  or  point  where  such  freight  is 
to  be  delivered;  provided,  further,  that  any  articles  of 
freight  weighing  1,000  pounds  or  more  each  shall  be  i  e- 
livered  at  such  station  not  less  than  four  hours  prior  to 
the  time  that  such  scheduled  train  is  due  to  depart:  p -o- 
vided,  further,  that  any  condition  in  any  contract  made  a 
part  of  any  shipping  bill,  or  receipt,  which  in  any  w  ly 
purports  to  release  such  railroad  corporation  from  ts 
duty  under  this  Act  shall  be  null  and  void;  and  providt  d, 
further,  that  any  railroad  corporation  refusing  or  fail!  ig 
to  deliver  to  such  person  so  offering  such  freight  su  'h 
receipt  when  demanded,  shall  be  liable  to  such  person  in 
the  sum  of  $100,  and  any  railroad  corporation  failing  ir 
refusing  to  deliver  such  freight  at  its  destination  as  her*  in 
provided,  shall  forfeit  10  per  cent  of  the  charges  for  trai  s- 
porting  such  freight  for  each  24  hours  that  such  freight  is 
delayed ;  provided,  further,  that  if  such  freight  does  r  ot 
reach  its  destination  for  60  hours  after  the  scheduled  tii  le 
for  its  arrival,  as  herein  provided,  barring  accidents  a  id 
the  elements,  the  consignee  may  refuse  to  receive  sai  le 
and  such  railroad  corporation  shall  be  liable  to  the  owrer 
for  the  value  of  such  freight,  together  with  such  damages 
as  the  parties  may  sustain  by  reason  of  such  delays,  sane 
to  be  recovered  in  a  civil  action.  Upon  payment  as  abo.o 
provided,  the  railroad  corporation  shall  become  at  once 
the  absolute  owner  of  said  property.  . 

Demurrage  in  case  of  delay  in  carload  shipments.  J 
Every  railroad  corporation  operating  a  line  or  lines  of  roai 
through  or  within  this  State  shall  furnish  suitable  c!  rs 
for  carload  shipments  of  freight  to  any  person,  perse  ns 
or  corporation,  applying  therefor  to  any  agent,  within  tiis 
State,  of  said  railroad  corporation,  and  such  car  or  Ci  rs 
shall  be  placed  in  a  suitable  and  convenient  place  or 
loading  within  72  hours  after  application  therefor  has  be  en 
made;  provided,  that  no  railroad  company  shall  be  re- 
quired to  furnish  to  any  person  or  corporation  more  than 
two  cars  at  any  one  time.  Any  railroad  corporation  f:  il 
ing  or  refusing  to  furnish  such  car  or  cars  and  failing  or 
refusing  to  so  place  such  car  or  cars  in  a  suitatle  and 
convenient  place  for  loading  within  72  hours  after  si  ch 
demand,  and  after  the  schedule  time  of  its  trains  vill 
enable  it  to  deliver  such  car  or  cars,  shall  forfeit  for  ei  ch 
car  so  ordered  to  such  person,  persons  or  corporation  he 
sum  of  $2  for  each  and  every  24  hours  until  such  i-ar 
or  cars  are  so  furnished;  provided,  however,  that  such 
person,  persons  or  corporation  applying  for  cars  to  be 
used  wholly  within  this  State  shall,  at  the  time  of  applying 
therefor,  pay  or  tender  to  such  railroad  corporation  not 
less  than  20  per  cent  of  the  freight  charges  for  such  car 
according   to   said   railroad   corporation's   published   tariff. 

Demurrage  in  case  of  delay  in  carload  shipments  within 
the  State.     §  4.     Whenever  any  person,  persons  or  corpora- 


I 


Public  Service  Laws 


1049 


tion  shall  have  loaded  any  car  or  cars  for  transportation 
wholly  within  this  State,  they  shall  at  once  deliver  same 
to  the  railroad  corporation  by  notifying  it  that  said  car 
or  cars  are  ready  for  shipment  and  it  shall  be  the  duty  of 
such  railroad  corporation  to  deliver  to  such  person,  per- 
sons or  corporation  a  shipping  bill,  or  receipt,  for  such  car 
or  cars,  showing  the  time  same  was  so  delivered,  and  it 
sha'i  be  the  duty  of  said  railroad  corporation  to  forward 
said  car  by  its  next  scheduled  local  freight  train  leaving 
such  station  to  the  station  or  place  to  which  such  car  or 
cars  are  to  be  delivered  and  to  deliver  same  to  its  destina- 
tion at  the  time  designated  in  its  schedule  of  trains  for  the 
line  or  lines  over  which  said  train  shall  pass  and  said 
railroad  corporation  shall  forfeit  to  such  shipper  10  per 
cent  of  the  freight  on  such  car  or  cars  for  each  24  hours 
such  car  shall  be  delayed,  as  shown  by  the  time  same  was 
received  and  the  schedule  time  of  such  train  or  trains; 
provided,  such  car  or  cars  were  delivered  to  the  railroad 
company  at  least  three  hours  before  the  departure  accord- 
ing to  the  schedule  of  such  train  or  trains,  and  if  such 
car  or  cars  are  not  delivered  within  60  hours  after  the  time 
of  arrival  of  the  next  scheduled  local  train  after  such  car 
or  cars  are  so  delivered,  barring^  accidents  and  the  ele- 
ments, the  consignee  may  refuse  U)  accept  same  and  such 
railroad  corporation  shall  be  liable  to  the  owner  for  the 
value  of  the  freight  so  shipped,  together  with  such  dam- 
ages as  the  parties  may  sustain,  same  to  be  recovered  in 
a  civil  action. 

Definition  of  phrases.  §  5.  In  the  construction  of  this 
Act,  the  phrase  "railroad"  shall  be  construed  to  include 
all  common  carriers,  railroads  and  railways  operated  by 
steam,  whether  used  or  operated  by  the  corporation  own- 
ing them  or  by  other  corporations  or  otherwise.  The 
phrase  "railroad  corporation"  shall  be  construed  to  mean 
the  corporation  which  constructs,  maintains,  uses  or  oper- 
ates a  railroad  operated  by  steam  power,  and  used  for  the 
transportation  of  persons  or  property,  or  leases  cars  by 
whatever  name  known  to  such  railroad  for  such  purposes. 

Costs  allowed  in  action  for  violation  of  laic.  S  6.  In 
any  action  commenced  under  this  Act  the  plaintiff  shall  in 
connection  with  the  usual  costs  allowed  in  civil  actions, 
be  entitled  to  the  same  mileage  and  witness  fees  as  any 
witness  in  the  case,  and  the  court  shall  allow  a  reasonable 
amount  as  an  attorney's  fee,  same  to  be  taxed  as  costs  in 
this  action;  provided,  however,  that  nothing  in  this  Act 
shall  be  construed  to  stop  or  hinder  any  person,  persons 
or  corporation  from  bringing  suits  against  any  corporation 
for  any  violation  of  all  of  the  laws  of  this  State,  or  of  the 
United  States,  for  the  government  of  railroads. 

Provisions  of  Act  cumulative,  sj  7.  Nothing  in  this  Act 
contained  shall  in  any  manner  be  construed  as  repealing 
or  in  any  manner  altering  any  other  Act,  or  part  of  Act, 
heretofore  adopted  by  the  legislature  of  this  State,  but  the 
remedies  herein  provided  shall  be  cumulative  to  all  other 
remedies  now  existing. 

Approved  March  14,  1907. 

nULLETI.MNO    OF    P.VSSENGKR    T1!.\INS. 

Be  it  enacted,  etc.: 

Time  schedule  of  trains.  §  1.  Every  corporation,  com- 
pany or  person,  operating  a  railroad  within  this  State, 
shall,  immediately  after  the  taking  effect  of  this  Act,  cause 
to  be  placed  in  a  conspicuous  place  in  each  passenger 
depot  of  such  company,  located  at  any  station  in  this  State, 
at  which  there  is  a  telegraph  office,  a  blackboard  of  suit- 
able size,  upon  which  such  company  or  person  shall  cause 
to  be  written,  at  least  30  minutes  before  the  schedule  time 
for  the  arrival  of  each  passenger  train  stopping  upon  such 
route  at  such  station,  the  fact  whether  such  train  Is  on 
schedule  time  or  not,  and  if  late,  how  much,  and  the  figures 
on  said  blackboard  shall  be  changed  at  Intervals  of  one 
hour  to  correspond  with  the  facts  until  the  arrival  of  such 
delayed  trains;  provided,  also,  that  any  passenger  trains 
not  more  than  15  minutes  late  shall  be  deemed  to  be  on 

I  time  as  to  the  operation  of  this  Act. 

I  Penalty  for  false  reports  or  failure  to  bulletin  trains. 
§2.  For  each  violation  of  the  provisions  of  this  Act  in 
failing  to  report,  or  in  making  a  false  report,  such  cor- 
poration, company  or  person,  so  failing  or  refusing  to  com- 
ply with  the  provisions  of  this  Act,  shall  forfeit  and  pay 
the  sum  of  $25,  together  with  all  taxable  costs,  to  be  re- 
covered in  a  civil  action  to  be  prosecuted  by  the  State's 

j  attorney  of  the  county   in   which   the  neglect  or  refusal 


occurs,  in  the  name  of  the  State  of  North  Dakota,  which 
shall  be  paid  over  to  the  county  in  which  such  proceedings 
are  had,  and  shall  be  a  part  of  the  common  school  fund. 

Repeal.  §  3.  All  Acts  and  parts  of  *Acts  in  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Emergency.  §  4.  An  emergency  is  hereby  declared  to 
exist,  and  this  Act  shall  take  effect  and  be  in  force  on  and 
after  its  passage  and  approval. 

Approved  March  19,  1907. 

STOPPING    TKAINN    ,\T    COI'NTY    SE.VTS. 

Be  it  enacted,  etc.: 

Amendment.  §  1.  Section  4302  of  the  revised  codes  of 
North  Dakota,  of  1905,  is  hereby  amended  and  re-enacted 
to  read  as  follows: 

Stop  at  county  seats — Penalty.  §  4302.  Every  person, 
company  or  corporation  operating  a  railroad  within  or 
through  this  State  shall  cause  all  its  regular  passenger 
trains  to  stop,  upon  the  arrival  at  its  station,  at  each 
county  seat  through  or  by  which  such  trains  run,  a  suffi- 
cient length  of  time  to  receive  and  let  off  passengers  with 
safety;  provided,  that  where  any  railroad  operating  three 
or  more  regular  passenger  trains  in  each  direction  daily, 
the  provisions  of  this  act  shall  not  apply  to  one  of  such 
trains  each  way.  Every  person,  company  or  corporation 
failing  to  comply  with  the  provisions  of  this  section  shall 
be  subject  to  a  penalty  of  $500,  to  be  recovered  in  a  civil 
action  in  the  name  of  the  State,  and  paid,  when  collected, 
to  the  State  of  North  Dakota,  to  be  credited  to  the  com' 
mon  school  fund;  and  it  is  hereby  made  the  duty  of  the 
State's  attorney  of  the  county,  upon  complaint  of  any 
citizen,   to   prosecute  such   action   on   behalf  of  the   State. 

Approved  March  13,  1907. 

FELLOW  SERVANT   ACT. 

Be  it  enacted,  etc.: 

Liability  of  common  carriers.  §  1.  Every  common  car- 
rier shall  be  liable  to  any  of  its  employes,  or  in  case  of 
the  death  of  an  employe  to  his  personal  representative, 
for  the  benefit  of  his  widow,  children  or  next  of  kin,  for 
all  damages  which  may  result  from  the  negligence  of  any 
of  its  officers,  agents  or  employes,  or  by  reason  of  any 
defect  or  insufficiency  due  to  its  negligence  in  its  cars, 
engines,  appliances,  machinery,  track,  roadbed,  ways  or 
works. 

Contributory  neglipence  no  bar  to  recovery,  when.  §  2. 
In  all  actions  hereinafter  brought  against  any  common 
carrier  to  recover  damages  for  personal  injuries  to  an  em- 
ploye, or  where  such  injuries  have  resulted  in  his  death, 
the  fact  that  the  employe  may  have  been  guilty  of  con- 
tributory negligence  shall  not  bar  a  recovery,  where  his 
contributory  negligence  was  slight  and  that  of  the  em- 
ployer was  gross  in  comparison,  but  the  damages  shall  he 
diminished  by  the  jury  in  proportion  to  the  amount  of 
negligence  attributable  to  such  employe.  All  questions 
of  negligence  and  contributory  negligence  shall  be  for  the 
jury. 

Contracts  to  avoid  liability  void.  S  3.  No  contract  of 
employment,  insurance,  relief  benefit  or  indemnity  for  In- 
jury or  death  entered  into  by  or  on  behalf  of  any  employe, 
nor  the  acceptance  of  any  such  insurance,  relief  benefit  or 
indemnity  by  the  person  entitled  thereto  shall  constitute 
a  bar  or  defense  to  any  action  brought  to  recover  dam- 
ages for  personal  Injuries  to  or  death  of  such  employe; 
provided,  however,  that  upon  the  trial  of  said  action 
against  any  common  carrier,  the  defendant  may  set  oft 
therin  any  sum  it  has  contributed  toward  any  such  In- 
surance, relief  benefit  or  indemnity  that  may  have  been 
made  to  the  injured  employe,  or  in  case  of  his  death,  to 
his  personal  representative. 

Time  of  action  limited.  §  4.  No  action  shall  be  main- 
tained under  this  Act  unless  commenced  within  one  year 
from  the  time  the  cause  of  action  accrued. 

Repeal.  §  5.  All  Acts  or  parts  of  Acts  in  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Approved  March  15,  1907. 

CONDEMNATION. 

Be  it  enacted,  etc.: 

How  secured.  %  1.  Whenever  any  railroad  company  has 
located  the  line  of  its  road  upon  or  contiguous  to  any 
land  belonging  to  any  decedent  or  ward,  or  in  which  the 
decedent  or  ward  may  have  any  interest.  It  shall  be  lawful 


1050 


Natioxat.  Association  of  Railway  Commissioneus 


for  the  executor,  administrator  or  guardian  to  agree  in 
writing  and  settle  and  adjust  the  damages,  with  the  rail- 
road company,  to  said  land  by  reason  of  the  location  of 
said  railroad,  and  the  executor,  administrator  or  guardian 
may  in  such  agreement  grant  to  the  railroad  company 
such  right-of-way  as  shall  be  necessary  and  required  by 
such  railroad  company,  and  upon  such  terms  and  condi- 
tions as  may  be  agreed  upon  between  the  executor,  admin- 
istrator or  guardian  and  said  railroad  company,  subject  to 
the  approval  of  the  County  Court. 

Petition  filed.  §  2.  Such  approval  may  be  obtained 
upon  filing  in  the  County  Court  a  verified  petition  of  the 
"railroad  gompany  and  the  executor,  administrator  or 
guardian,  setting  forth  the  name  of  the  decedent  or  ward, 
the  corporate  name  of  the  railroad  company,  a  description 
of  the  land  to  be  used  or  taken,  and  for  what  purpose,  the 
amount  to  be  paid,  and  that  such  amount  is  the  full  value 
of  the  lands  so  taken,  and  the  damages  to  the  remainder 
of  the  lands.  To  such  petition  shall  be  attached  or  in- 
dorsed thereon  the  agreement  mentioned  in  §  1  of  this  Act. 

Duty  of  County  Court.  §  3.  Upon  the  filin?  of  such  peti- 
tion and  agreement,  the  court  shall  proceed  to  hear  and 
determine  the  same  in  a  summary  manner,  without  notice, 
and  if  the  court  is  satisfied  after  a  full  hearing,  that  said 
agreement  is  just  and  equitable,  it  shall  record  such  peti- 
tion and  agreement,  and  make  an  order  approving  such 
agreement;  and  thereafter  such  executor,  administrator 
or  guardian,  upon  payment-  being  made  by  the  railroad 
company  of  the  consideration  therefor  as  specified  in  said 
order,  shall  thereupon  convey  to  the  railroad  company,  for 
railroad  purposes,  the  piece  or  parcel  of  land  in  said  agree- 
ment and  order  described.  A  copy  of  said  order  and  agree- 
ment duly  certified  by  the  County  Court,  may  be  filed  in 
the  office  of  the  register  of  deeds  of  the  county  wherein 
such  land  is  situated  and  when  so  filed  shall  be  notice  to 
all  persons. 

Emergency.  §  4.  Whereas,  The  present  laws  of  this 
State  make  no  provisions  for  the  acquiring  of  right-of-way 
for  railroads  over  the  lands  of  wards  and  deceased  persons, 
therefore  an  emergency  exists,  and  this  Act  will  take 
effect  and  be  in  force  from  and  after  its  passage  and 
approval. 

Approved  March  19,  1907. 

B-\II.R0AD    COMI'AXIE.S    TO    UIOPOKT    WRECKS. 

Be  it  enacted,  etc.: 

Duty  to  report.  Js  1.  It  shall  be  the  duty  of  every  rail- 
road company  operating  a  line  of  railway  in  this  State  to 
report  to  the  railroad  commissioners  of  this  State  all 
accidents.  Wrecks  or  casualties,  occurring  in  the  opera- 
tion 'of  trains  on  said  line  or  lines  of  railway  within  this 
State,  coming  within  the  knowledge  of  the  company, 
wherein  any  person  is  either  killed  or  injured,  within 
reasonable  time,  not  exceeding  60  days,  in  such  form  as 
the  railroad  commissioners  may  require. 

Railroad  coinmissioners  examine  into  causes  of  wrecks 
— Make  report  to  legislature.  §  2.  Whenever  any  such  re- 
port is  made  to  such  railroad  commissioners  they  shall 
forthwith  examine  into  the  causes  and  circumstances  of 
such  wreck,  accident  or  casualty,  and  it  shall  thereupon 
be  the  duty  of  said  railroad  commissioners  to  order  such 
railroad  company  to  comply  with  any  reasonable  require- 
ments prescribed  by  said  railroad  commissioners,  cal- 
culated to  prevent  the  recurrence  of  any  such  wreck,  acci- 
dent or  casualty,  and  it  shall  be  the  duty  of  said  railroad 
commissioners  to  report  to  the  legislature  biennially  a 
summarized  statement  of  all  wrecks,  accidents  or  casual- 
ties that  have  come  to  their  knowledge  by  reason  of  this 
Act,  together  with  a  recommendation  of  such  additional 
legislation  as  they  deem  proper  for  the  greater  protection 
of  passengers  and  employes  of  such  railroads. 

Penalty  for  violation.  §  3.  Every  person  who  shall  vio- 
late any  of  the  provisions  of  this  Act  shall  be  guilty  of  a 
misdemeanor  and  shall  be  punished  by  a  fine  of  not  less 
than  $500,  nor  more  than  $2,000,  or  imprisonment  in  the 
county  jail  for  not  less  than  30  days,  nor  more  than  one 
year,  or  shall  suffer  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court. 

Repeal.     §  4.     All  Acts  or  parts  of  Acts  in  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed. 
Approved  March  7,  1907. 


CATTLE    GL'AHDS    AT    UAILKOAl)    CROSSINGS. 

Be  it  enacted,  etc.: 

Cattle  guards,  how  constructed — Speed  of  trains  at  depot 
grounds.  §  1.  All  railway  corporations  owning  or  operat- 
ing a  line  of  railway  within  this  State  shall  construct, 
maintain  and  keep  in  repair  a  suitable  fence  of  posts  and 
barb  wire,  or  posts  and  boards,  on  each  side  of  the  track 
so  connected  with  cattle  guards  at  all  public  road  cross- 
ings as  to  prevent  cattle,  horses  and  other  live  stock 
from  getting  on  the  railroad  tracks;  such  fence  when  of 
barb  wire  shall  be  of  five  wires  securely  fastened  to  posts 
set  not  more  than  20  feet  apart,  the  top  wire  not  to  be 
less  than  54  inches  high,  said  wires  to  be  not  more  than 
14  inches  apart;  or  of  five  boards  securely  fastened  to 
posts  set  not  more  than  eight  feet  apart,  said  fence  to  be 
not  less  than  54  inches  high  and  the  boards  not  more  than 
one  foot  apart.  .  Any  corporation  operating  a  railroad  and 
failing  to  fence  same  against  live  stock  running  at  large 
and  maintaining  proper  and  suflRcient  cattle  guards  at  all 
points  where  the  right  to  fence  or  maintain  cattle  guards, 
shall  be  liable  to  the  owner  of  any  stock  killed  or  injured 
by  reason  of  the  want  of  such  fence  or  cattle  guard  (or 
the  full  amount  of  the  damages  sustained  by  the  owner  311 
account  thereof,  unless"t  was  occasioned  by  his  grossly 
negligent  act  or  that  of  his  agent,  and  to  recover  the  same 
it  shall  only  be  necessary  for  him  to  prove  the  loss  of  or 
injury  to  his  property.  If  such  corporation  fails  or  neg- 
lects to  pay  such  damages  within  90  days  after  notice  in 
writing  that  a  loss  or  injury  has  occurred  accompanied  ay 
an  affidavit  thereof  served  upon  an  olTicer  or  a  station  or 
ticket  agent  employed  by  said  corporation  in  the  courty 
where  such  loss  or  injury  occurred,  such  owner  shall  be  (  n- 
titled  to  recover  from  the  corporation  double  the  amount 
of  damages  actually  sustained  by  him,  and  $25  as  attir- 
ney's  fee  when  it  shall  be  adjudged  by  a  court  of  co  n- 
petent  jurisdiction  that  the  claimant  is  entitled  to  t  le 
amount  claimed.  No  law  of  the  State  or  any  local,  ir 
police  regulations  of  any  county,  township,  city  or  tovn 
relating  to  the  restraint  of  domestic  animals,  or  in  relati  >n 
to  the  fences  of  farmers  or  land  owners  shall  be  applical  le 
to  railway  tracts  unless  specifically  so  staled  in  such  I;  w 
and  regulation.  Upon  depot  grounds  necessarily  used  >y 
the  public  and  the  corporation  the  operating  of  trains  at  a 
greater  rate  of  speed  than  eight  miles  an  hour  where  lo 
fence  is  built  shall  be  negligence  and  shall  render  su  h 
corporation  liable  for  all  damages  occasioned,  thereby  in 
the  same  manner  and  to  the  same  extent  except  as  toj 
double  damages,  as  in  cases  where  the  right  to  feo:] 
exists. 

Approved  March  14,  1907. 

USE  OF  RAILROAD  TRACKS  FOR  HIGHWAYS. 

Be  it  enacted,  etc.: 

Unlawful — Exception.     §  1.     It  is  hereby  made  unlaT 
for  any  person  when  riding  or  driving  or  leading  any  a  i^ 
mal    or    animals,    and    whether    the    same    be    or    be   l( 
attached  to  any  vehicle  or  sleigh,  to  drive  upon  or  use  a  i 
railroad  track  in  this  State  as  a  highway;   provided,  hc» 
ever,   this    section   shall   not   apply   to   highway   crossina^ 
over  any  line  of  railway  in  the  State,  nor  to  depot  grounil 
station  grounds,  nor  switches  and  sidetracks  intended 
the  use  of  shippers  or  the  consignees  of  freight. 

Penalty.     §  2.     Any  person  violating  the  provisiona 
this  Act  shall  be  guilty  of  a  misdemeanor. 

Emergency.  S  3.  AVhereas,  An  emergency  exists  in  t 
to  wit:  That  many  persons  are  using  the  tracks  of  I 
roads  in  this  State  as  public  highways,  thereby  endan 
ing  both  their  own  safety  and  the  safety  of  passengers 
trainmen  upon  trains  running  upon  said  railroads,  th 
fore  an  emergency  exists,  and  this  Act  shall  take  efl 
upon  its  passage  and  aproval. 

Approved  March  12,  1907. 

FREE   TRANSPORTATION',    ETC. 

Be  it  enacted,  etc.: 

Free  passes,  franks,  and  special  privileges  prohibit^ 
Exceptions.  §  1.  No  common  carrier  subject  to  the  prt| 
sions  of  this  Act,  shall,  directly  or  indirectly,  issue 
give  any  free  ticket,  free  pass  or  free  transportation  for 
passengers,  except  to  its  employes  and  their  families,  its 
officers,  bona  fide  agents,  surgeons,  physicians  and  attor- 
neys at  law  on  the  pay  roll  of  the  common  carrier;  to 
ministers    of    religion,    traveling    secretaries    of    railroad, 


Public  Service  Laws 


1051 


Young  Men's  Christian  Association,  inmates  of  hospitals 
and  charitable,  eleemosynary  institutions,  and  persons  ex- 
clusively engaged  in  charitable  and  eleemosynary  work; 
to  indigent,  destitute  and  homeless  persons,  and  to  such 
persons  when  transported  by  charitable  societies  or  hos- 
pitals and  the  necessary  agents  employed  in  such  trans- 
portation; to  inmates  of  national  homes  or  State  homes 
for  disabled  volunteer  soldiers,  and  of  soldiers'  and  sailors' 
homes,  including  those  about  to  enter  and  those  returning 
home  after  discharge;  to  necessary  caretakers  of  live 
stock,  poultry,  milk,  fruit  and  vegetables;  to  employes  on 
sleeping  cars,  express  cars,  and  to  linemen  of  telegraph 
and  telephone  companies  if  operated  in  connection  with 
said  common  carriers;  to  railway  mail  service  employes, 
postoffice  inspectors,  custom  inspectors  and  immigration 
inspectors,  to  news  boys  on  trains,  baggage  agents,  wit- 
nesses attending  any  legal  investigation  in  which  the  com- 
mon carrier  is  interested;  to  persons  injured  in  wrecks 
and  physicians  and  nurses  attending  such  persons. 

Provided,  further,  that  the  provisions  of  this  Act  shall 
not  be  construed  to  prohibit  or  make  unlawful  the  trans- 
portation of  city  policemen,  foremen,  mail  carriers  and 
postmen  on  the  street  railways  in  the  cities  of  this  State. 

Provided,  further,  that  the-  provisions  of  this  Act  shall 
not  be  construed  to  make  unlawful  the  granting  of  reduced 
homeseekers'  rates  or  the  granting  of  round  trip  excur- 
sion rates  to  any  class  of  persons,  provided  that  all  per- 
sons of  that  class  shall  be  allowed  equal  privileges  in 
respect  to  such  homeseekers'  or  excursion  rates,  but  ex- 
cursion rates  shall  not  be  allowed  any  persons  or  repre- 
sentatives of  any  political  party  to  enable  them  to  attend 
any  political  meeting  either  as  delegates  or  otherwise. 

Provided,  further,  that  the  provisions  of  this  Act  shall 
not  be  construed  to  make  unlawful  the  granting  of  free 
transportation  to  persons  engaged  in  the  State  geological 
survey,  farmers'  institute  lecturers  and  persons  rendering 
service  on  "good  farming  special  trains." 

Provided,  further,  that  tlie  provision  shall  not  be  con- 
strued to  prohibit  the  interchange  of  passes  for  oflicers, 
agents  and  employes  of  common  carriers  and  their  .ami- 
lies;  nor  to  prohibit  any  common  carrier  from  carrying 
passengers  free  with  the  object  of  providing  relief  in  oases 
of  general  epidemic,  pestilence  or  other  calamitous  visi- 
tation;   and 

Provided,  further,  that  this  provision  shall  not  be  con- 
strued to  prohibit  the  privilege  of  passes  or  franks  or  the 
exchange  thereof  with  each  other  for  the  r'fficers,  igents, 
employes  and  their  families,  of  express  comprinies,  and 
their  officers,  agents,  employes  and  families  of  other  com- 
mon  carriers,   subject  to   the   provisions  of   this  Act; 

Provided,  further,  that  the  term,  "employes,"  as  used 
in  this  paragraph,  shall  include  furloughcd,  I'.ensionGd  and 
superannuated  employes,  persons  who  have  become  dis- 
abled or  infirm  in  the  service  of  any  such  common  car- 
rier, and  the  remains  of  a  person  killed  in  the  employment 
of  a  carrier,  and  the  ex-employes  traveling  for  the  purpose 
of  entering  the  service  of  any  .<5uch  common  carrier;  and 
the  term,  "families,"  as  used  in  this  paragraph,  shall  in- 
clude the  families  of  those  persons  named  in  this  pro- 
vision, also  the  families  of  persons  killed  and  the  widows 
during  the  widowhood  and  minor  children  during  minority, 
of  persons  who  died  while  in  the  service  of  any  sr.ch 
common  carrier. 

Penalty.  §  2.  Any  common  carrier  violating  any  of  the 
provisions  of  this  Act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  thereof  in  any  District 
Court  of  this  State,  of  competent  jurisdiction,  be  subject  to 
a  fine  of  not  more  than  $500  for  each  offense;  and  any 
person  other  than  the  persons  excepted  in  this  Act,  who 
uses  any  such  free  ticket,  free  pass  or  free  transportation, 
shall  be  subject  to  a  like  penalty. 

Approved  February  21,  1911. 

ASSESSMENT   AND   TAXATION    OF    PT'liLIC    UTIUTIER. 

Be  it  enacted,  etc.: 

Express,  freight  line  and  equipment,  telegraph  and  tele- 
phone companies  defined.  §  1.  Any  person  or  persons,  joint 
stock  association,  company  or  corporation,  wherever  or- 
ganized or  incorporated,  engaged  in  the  business  of  con- 
veying to,  from  or  through  this  State,  or  any  part  thereof, 
moneys,  packages,  gold,  silver,  plate  or  other  property 
by  express,  on  and  by  passenger  and  mail  trains,  shall  be 
deemed  an  express  company;  any  person  or  persons,  joint 
Stock   association,   company   or   corporation,    wherever   or- 


ganized or  incorporated,  engaged  in  the  business  of  oper- 
ating cars  which  are  not  subject  to  assessment  and  taxa- 
tion under  the  provisions  of  §S  1G27,  1028,  1029  and  1030  of 
the  revied  codes  of  North  Dakota  for  1905,  for  the  trans- 
portation of  freight,  whether  such  freight  be  owned  by 
such  company  or  any  other  person  or  company,  over  any 
railway  line  or  lines  in  whole  or  in  part  within  this  State, 
such  line  or  lines  not  being  owned,  leased  or  operated  by 
such  company,  whether  such  cars  be  termed  box,  flat,  coal, 
ore,  tank,  stock,  gondola,  furniture  or  refrigerator  cars 
or  be  known  by  some  other  name,  shall  be  deemed  a 
freight  line  company;  any  person  or  persons  joint  stock 
association,  company  or  corporation,  wherever  organize<i 
engaged  in  the  business  of  furnishing  or  leasing  cars  of 
whatsoever  kind  or  description  to  be  used  for  the  trans- 
portation of  freight  or  for  the  transportation,  accommoda- 
tion, convenience,  comfort  or  safety  of  passengers,  whether 
such  cars  be  termed  freight,  sleeping,  tourist,  palace, 
parlor,  chair  or  buffet  cars,  or  be  known  by  some  other 
name,  in  the  operation  of  any  railway  line  or  lines  wholly 
or  partially  within  this  State,  such  line  or  lines  not  being 
owned,  leased  or  operated  by  such  company,  and  such  cars 
not  being  subject  to  taxation  under  said  sections  of  the 
revised  codes  of  North  Dakota,  shall  be  deemed  an  equip- 
ment company;  any  person  or  persons,  joint  stock  associa- 
tion, company  or  corporation,  wherever  organized  or  in- 
corporated, engaged  in  the  business  of  conveying  tele- 
graphic messages,  shall  be  deemed  a  telegraph  company; 
and  any  person  or  persons,  joint  stock  association,  com- 
pany or  incorporation,  wherever  organized  or  incorporated, 
engaged  in  the  business  of  conveying  messages  by  the  use 
of  the  telephone  or  any  similarly  constructed  instrument 
or  device  shall  be  deemed  a  telephone  company. 

Annual  statement  to  State  auditor,  uhat  to  contain.  §  2. 
Every  company  defined  in  §  1  of  this  Act,  doing  business 
in  this  State,  shall  annually,  between  the  first  and  30th 
day  of  June,  under  oath  of  the  person  constituting  such 
company,  if  a  person,  or  under  the  oath  of  its  president, 
secretary,  treasurer,  superintendent  or  chief  officer  if  an 
association,  company  or  corporation,  make  and  file  with 
the  State  auditor  a  statement  in  such  form  as  the  State 
auditor  may  prescribe  for  the  year  ending  June  1st  pre- 
ceding, containing  the  following  facts:  The  name  of  the 
company;  the  nature  of  the  company,  whether  a  person 
or  persons,  association  or  corporation,  and  under  the  laws 
of  what  State  or  country  organized;  the  location  of  its 
principle  office;  the  name  and  postoffice  address  of  the 
president,  secretary,  auditor,  treasurer  and  superintendent 
or  general  manager  thereof;  the  name  and  address  of  the 
chief  ofllcer  or  managing  agent  of  the  company  in  North 
Dakota,  if  any;  the  number  of  shares  of  capital  stock;  the 
par  value  of  its  shares  of  stock  on  the  first  day  of  June 
of  such  year;  a  detailed  statement  of  the  real  estate 
owned  by  the  company  in  North  Dakota  on  the  first  day 
of  June  of  such  year,  where  situate  and  the  value  thereof; 
a  full  and  correct  inventory  of  personal  property,  includ-, 
ing  money  and  credits  owned  by  the  company  in  North 
Dakota  on  the  first  day  of  June,  where  situate  and  the 
value  thereof;  the  total  value  of  the  real  estate  owned  by 
the  company  and  situate  outside  the  State  of  North  Da- 
kota; the  total  value  of  the  personal  property  owned  by 
the  company  situate  outside  the  State  of  North  Dakota; 
the  entire  gross  receipts  of  the  company  from  whatever 
source  derived  for  the  year  ending  June  1st,  of  business 
wherever  done;  the  entire  gross  receipts  for  the  year  end- 
ing June  1st,  from  whatever  source  derived,  of  each  office 
within  the  State  of  North  Dakota,  and  the  total  eross 
receipts  of  the  company  for  such  period  in  North  Dakota; 
the  entire  operating  and  other  expenses  of  such  company 
for  such  year;  the  balances  of  profit  or  loss  for  such  year; 
the  whole  length  in  miles  of  the  lines  or  routes  over  which 
the  company  did  business  in  this  State  during  the  year 
ending  on  the  first  day  of  June,  and  the  length  of  so  much 
of  said  lines  or  routes  as  is  without  the  State  and  the 
length  of  so  much  of  each  within  each  county  of  the  State 
ot  North  Dakota,  naming  the  lines  or  routes  within  this 
State;  such  other  facts  and  information  as  the  State  audi- 
tor may  require  in  the  form  of  returns,  to  be  prescribed 
by  him  to  enable  the  .State  board  of  equalization  to  ascer- 
tain the  value  of  the  property  of  such  company  liable  to 
taxation  within  this  State.  Blanks  for  making  the  above 
statement  shall  be  prepared  and  on  application  furnished 
to  any  company  by  the  State  auditor. 


1053 


National  Association  of  Railway  Commissioners 


Duties  of  State  board  of  equalization.  §  3.  The  State 
board  of  equalization  shall,  at  its  annual  meeting  in  August 
in  each  year,  assess  the  property  of  such  companies  doing 
business  in  this  State  with  reference  to  the  value  of  such 
property  on  the  first  day  of  June  of  such  year.  On  the 
meeting  of  the  board  of  equalization,  the  State  auditor 
shall  lay  before  it  the  statements  and  schedules  to  him 
under  §  2  of  this  Act.  The  said  board  shall  proceed  to 
ascertain  the  value  of  the  property  of  each  of  said  com- 
panies in  North  Dakota  and  in  determining  the  value  of 
the  projJerty  of  each  company  to  be  taxed  within  the  State 
and  assessed  as  herein  provided,  said  board  shall  be 
guided  by  the  value  of  said  property  as  determined  by  the 
value  of  the  entire  capital  stock  of  said  company,  and 
such  other  evidence  and  rules  as  will  enable  said  board  tc 
arrive  at  the  true  value  in  money  of  the  entire  property 
of  said  company  within  the  State  of  North  Dakota  in  the 
proportion  which  the  same  bears  to  the  entire  property  of 
said  company  as  determined  by  the  value  of  the  capital 
stock  thereof  and  the  other  evidence  and  rules  aforesaid. 
The  board  may  adjourn  from  time  to  time  until  the  busi- 
ness before  it  is  finally  disposed  of.  In  case  a  company 
fails  or  refuses  to  make  the  statement  required  by  law  or 
furnish  the  board  any  information  requested,  the  board 
^hall  inform  itself  as  best  it  may  on  the  matters  necessary 
to  be  known  in  order  to  discharge  its  duties  with  re- 
spect to  the  assessment  of  the  property  of  such  company. 
At  the  annual  meeting  of  the  board  of  equalization  afore- 
said, and  before  the  assessment  of  the  property  of  any  such 
company  is  determined,  any  company  or  person  interested 
shall  have  the  right,  upon  written  application,  to  appear 
before  the  board  of  equalization  and  be  heard  in  the 
matter  of  the  valuation  of  the  property  of  any  company 
for  taxation. 

Penalty  for  failure  to  file  statement.  §  4.  In  case  any 
company  required  to  file  a  statement  under  the  provisions 
of  §  2  hereof,  fails  to  make  and  file  such  statement  on  or 
before  the  30th  day  of  June,  such  company  shall  be  sub- 
ject to  a  penalty  of  $500  and  an  additional  penalty  of  ?100 
for  each  day's  omission  after  said  30th  day  of  June  to  file 
such  statement,  said  penalty  to  be  recovered  in  the  name 
of  the  State  and  on  collection  paid  into  the  State  treasury 
to  the  credit  of  the  school  fund.  The  attorney-general 
shall  institute  such  action  against  any  company  so  de- 
linquent. The  State  board  of  equalization  shall  have 
power  to  require  the  president,  secretary,  treasurer,  re- 
ceiver, superintendent,  managing  agent  or  other  ofiicer  or 
employe  or  agent  of  any  such  company  to  attend  before  such 
board  and  produce  for  the  instruction  of  the  board  any 
books  or  papers  of  such  company  in  his  possession,  custody 
or  control,  and  to  testify  under  oath  touching  the  business, 
property,  moneys,  credits  and  value  thereof  of  such  com- 
pany. Any  member  of  the  board  is  authorized  and  em- 
powered to  administer  such  oath.  Any  officer,  employe 
or  agent  of  the  company  so  required  to  appear  before  such 
board  as  aforesaid,  who  shall  refuse  to  produce  and  submit 
•  for  the  inspection  of  the  board  any  such  books  or  papers  of 
Buch  company  in  his  possession,  custody  or  control,  or  shall 
refuse  to  answer  any  question  or  questions  put  to  him  by 
the  State  board  of  equalization,  or  any  member  thereof, 
touching  the  business,  property,  moneys,  credits  and  the 
value  thereof  of  such  company,  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  before  any  court 
of  competent  jurisdiction  shall  be  fined  for  each  such 
refusal  not  more  than  $500  or  imprisoned  in  the  county 
jail  not  more  than  30  days,  or  botli  such  fine  and 
imprisonment. 

State  auditor  certifies  ascertained  valuation  to  county 
auditors.  §  5.  The  State  auditor  shall  certify  to  the  county 
auditor  of  each  county  within  this  State  the  total  value  of 
the  property  of  such  company  in  North  Dakota  as  ascer- 
tained and  assessed  by  said  board,  at  the  same  time  he 
certifies  the  assessed  valuation  of  other  property  assessed 
or  equalized  by  said  board,  and  shall  also  certify  the  num- 
ber of  miles  over  which  such  company  operates  in  such 
county.  The  total  value  of  the  property  ot  said  company 
in  North  Dakota  as  assessed  by  the  State  board  of  equali- 
zation shall  be  apportioned  by  the  State  auditor  among 
the  several  counties  in  which  the  company  does  business,  in 
the  proportion  that  the  number  of  miles  over  which  such 
company  operates  in  each  county  respectively  bears  to 
the  entire  number  of  miles  over  which  such  company  oper- 
ates in  the  State,  and  the  county  auditor,  upon  receiving 
such  certificate  shall  ascertain  the  valuation  therein  stated 


among  the  cities,  towns,  villages,  townships  and  other  tax 
districts  of  his  county  in  proportion  to  the  number  of 
miles  operated  in  each,  and  the  county  auditor  shall 
place  the  apportioned  valuation  on  the  tax  list  and  taxes 
shall  be  levied  and  collected  thereon,  at  the  same  rate  and 
in  the  same  manner  as  taxes  are  levied  and  collected  on 
other  property  within  the  State,  which  taxes  shall  be  in 
lieu  of  all  other  taxes  upon  all  property  liable  to  taxation 
under  this  Act. 

Valuation  taxed  for  State  purposes  only  in  unorganized 
counties.  §  6.  The  valuation  so  apportioned  to  unorgan- 
ized counties  in  this  State  shall  be  taxed  for  State  pur- 
poses only,  and  such  tax  shall  be  levied  annually  by  the 
Stat.e  auditor  at  the  same  rate  as  other  property  is  taxed 
for  State  purposes,  and  the  State  auditor  shall  notify  each 
company  so  assessed  of  the  amount  of  such  tax  on  or  be- 
fore the  first  day  of  December  in  each  year,  and  such 
tax  must  be  paid  to  the  State  treasurer  at  the  same  time 
and  subject  to  the  same  penalty  as  is  prescribed  by  law 
for  the  collection  of  personal  property  taxes  in  organized 
counties  and  the  State  treasurer  shall  have  the  sane 
powers  and  it  shall  be  his  duty  to  collect  such  taxes  ;n 
the  same  manner  as  county  treasurers  are  authorized  I  v 
the  law  to  collect  personal  taxes  jj 

Repeal.  §  7.  All  Acts  and  parts  of  Acts,  as  far  as  t|l 
same  is  in  conflict  with  the  provisions  of  this  Act  ail 
hereby  repealed.  ■" 

Emergency.  §  8.  Whereas,  There  is  no  law  under  whUI 
the  companies  mentioned  in  this  Act  can  be  taxed  witl^| 
this  State,  therefore  an  emergency  exists  and  this  la» 
shall  be  in  force  and  effect  from  and  after  its  passaiej 
and  approval. 

Approved  March  14.  1907. 

REMOVING   LOADED   CARS   FROM   SIDE  TBACK.S. 

Be  it  enacted,  etc.: 

Loaded  cars  must  be  removed  —  Notice  required.     §' I 
Whenever  any  car  shall  be  loaded  with  any  kind  of  grafi^ 
for  shipment  on  any  spur  or  sidetrack  of  any  railroad  ml 
this-State  of  North  Dakota,  it  shall  be  the  duty  of  such  ra:l- ' 
road  or  common  carrier  within  48  hours  from  the  time  <  f 
receiving  written  notice  that  said  car  is  ready  to  be  bill<  1 
for  shipment,  giving  in  such  notice  the  name  of  the  co  i 
signee,  the  consignor,  the  number  of  the  car  and  the  plal  j 
where  the  same  stands  and  the  place  to  which  car  is  io\{ 
shipped,  which  notice  shall  be  given  to  the  station  agejJ 
of  the  station  nearest  the  place  where  said  car  is  locatf  j 
on  the  line  of  road  over  which  said  car  is  to  be  shipp# 
bill  said  car  or  cars  as  provided  in  said  notice  and  in|j 
to  the  shipper  a  shipping  bill  thereof  directed  to  the  poll 
office  address   given  in  such   notice,  and   to   remove   s^\ 
car  or  cars  from  the  said  track  or  spur  where  the  sa^ 
has  been  loaded  for  shipment. 

Penalty.  §  2.  Every  railroad  or  common  carrier 
neglects  or  fails  to  comply  with  the  provisions  of  tbil 
Act  shall  be  liable  to  the  owner  of  the  grain  mentioned]  j 
§  1  of  this  Act  in  the  sum  of  $50  for  each  24  hours  til 
shall  elapse  after  the  time  mentioned  in  this  Act  it  _ 
billing  and  removing  from  said  spur  or  sidetrack,  to  1  e" 
collected  in  a  civil  action  in  the  name  of  the  owner  of  su!  j 
grain.  j  j 

Carrier  liable  for  loss.  §  3.  Should  any  of  the  gr4i| 
mentioned  in  §  1  of  thi^j  Act  be  stolen  or  destroyed 
any  time  after  the  givinj  of  the  notice  in  this  Act  pH 
vided  for,  the  common  ca'Tier  to  whom  such  notice  sbtJ 
have  been  given,  shall  be  liable  to  the  owner  of  such  gr^l 
for  any  loss  so  occasioned  and  for  any  loss  caused  ^j 
fire,  to  be  recovered  in  a  civil  action  in  the  name 
the  owner  of  such  grains. 

Approved    March    11,    1909. 

PROVIDING  RAILROAD  CROSSINGS. 

Be  it  enacted,  etc.: 

Crossings  over  railroads — Penalty  for  failure  to  prov*  _ 
§  4298.  When  any  person  owns  land  on  both  sides  of  aiy 
railway  the  corporation  or  individual  owning  or  operatl:ig 
such  railway  shall,  when  requested  to  do  so  in  writlr.g, 
make  and  k4ep  in  good  repair  a  proper  cattle  guard  and 
cause-way  or  other  adequate  means  of  crossing  such  rail- 
way at  such  reasonable  place  or  places  as  may  be  desig- 
nated by  the  land  owner  or  his  agent;  provided,  that  the 
type  of  all  cattle  guards  required  by  law  to  be  constructed 
in  this  State  shall,  before  being  installed,  be  approved  by 
the  commissioners  of  railroads.     The  owner  or  person  in 


1 


Public  Service  Laws 


1053 


possession  of  the  land  through  which  the  railroad  passes 
may  recover,  of  the  person  or  corporation  operating  such 
railroad,  the  sum  of  $25  for  every  30  days  of  default  on  the 
part  of  the  person  or  corporation  operating  the  railroad, 
after  written  demand  served  on  an  officer,  roadmaster  or 
section  foreman  of  the  operating  company  has  designated 
the  place  fo'r  the  erection  of  the  cattle  guarded  crossings 
or  the  road  crossing  requested,  and  a  like  penalty  for  fail- 
ure to  keep  such  cattle  guards,  or  road  crossings.  In  good 
repair,  after  written  notice  has  been  served  upon  the  oper- 
ating company  that  such  repairs  are  necessary. 
Approved  March  13,  1909. 

I'.LOCKING    RAILRO.\D    CROSSINGS. 

Be  it  enacted,  etc.: 

Unlawful  to  block  or  obstruct  crossings.  §  1.  Any  rail- 
road company,  conductor,  brakeman,  engineer,  switchman 
or  other  employe  of  any  railroad  company.  In  charge  of  or 
in  control  of  any  railroad  car,  cars,  engine  or  train  of  cars, 
who  shall,  for  a  period  of  more  than  15  minutes  at  any 
one  time,  obstruct  or  block  any  railroad  crossing  or  any 
rural  highway  or  on  any  village  or  city  street  by  placing 
thereon  or  permitting  any  car,  cars,  engines  or  train  of 
cars  to  stand  or  remain  stationary  on  any  such  crossings, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  liable  to  a  fine  of  not  less  than  $10  or  more 
than  $50  for  each  offense. 

Exception.  §  2.  The  provisions  of  this  Act  do  not  apply 
to  cities,  towns  or  villages  that  have  or  may  have  ordi- 
nances covering  the  same. 

Approved  March  16,  1909. 

RIGHTS    OF    URBAN"    ELECTRICS. 

Be  it  enacted,  etc.: 

Granted  right  of  condemnation.  §  1.  That  §  1  of  chap- 
ter 212  of  the  session  laws  of  1907,  be  re-enacted  and 
amended  to  read  as  follows: 

§  2.  Urban  electric  railways  are  hereby  specially 
granted  and  given  the  same  rights,  privileges  and  powers 
granted  and  given  to  steam  railways  in  this  State,  includ- 
ing the  right  of  organization  and  of  condemnation  of  real 
property  for  right  of  way;  provided,  that  when  they  shall 
exercise  the  right  of  eminent  domain  they  shall  become 
subject  to  the  laws,  rules  and  regulations  governing  other 
public  corporations  having  the  right  of  eminent  domain; 
provided,  further,  that  no  person,  firm  or  corporation  shall 
hereafter  construct  any  electric  railway  on  any  street  of 
any  city  that  is  now  or  hereafter  may  be  Incorporated  un- 
der the  general  laws  of  this  State,  without  first  securing 
and  filing  in  the  office  of  the  city  auditor  of  such  city  the 
consent  in  writing  of  the  owners  of  at  least  one-half  of 
the  property  abutting  on  both  sides  of  such  street  for 
the  full  length  of  such  proposed  construction. 

Approved  March  3,  1911. 

mSINFECTION   OF  PUBLIC   VEHICLES. 

Be  it  enacted,  etc.: 

Vehicles  to  be  disinfected,  ichen.  §  1.  It  shall  be  unlaw- 
ful for  any  person,  firm,  corporation  or  association  en- 
gaged in  the  business  of  transporting  passengers  In  or 
through  this  State,  In  any  car,  coach,  or  boat,  for  the  pur- 
pose of  carrying  or  transporting  passengers  therein,  unless 
such  car,  coach  or  boat  shall  have  been  adequately  disin- 
fected according  to  modern  scientific  rules  for  the  preven- 
tion of  the  spread  of  contagious  diseases,  nor  more  than  30 
days  from  the  date  of  the  use  of  such  car,  coach,  or  boat- in 
this  State. 

Duty  of  carrier.  §  2.  It  shall  be  the  duty  of  every  such 
person,  firm,  corporation,  or  association  to  keep  posted  in 
each  and  every  car,  coach,  or  boat,  used  in  this  State  for 
the  transportation  of  passengers  for  hire,  a  printed  placard 
and  notice  which  shall  contain  and  show  the  time  and 
place  when  such  car,  coach,  or  boat  was  last  disinfected. 

Penalty.  %  3.  Any  violation  of  this  Act  shall  constitute 
a  misdemeanor  and  subject  the  offending  person,  firm,  cor- 
poration or  association  to  not  more  than  $100  for  each 
violation  thereof. 

Approved  March  3,  1911. 

RAILROAD    MORTGAGES    TO    HE    RECORDEn. 

Be  it  enacted,  etc.: 

S  Amendment.  §1.  That  §4277' of  the  revised  codes  of 
North  Dakota  for  1905,  be  and  the  same  Is  hereby  amended 
and  re-enacted  so  as  to  read  as  follows: 


Conveyances,  etc.,  hotc  executed  and  recorded.  §  4277. 
Every  conveyance  or  lease,  deed  of  trust,  mortgage  or  satis- 
faction thereof  made  by  any  railroad  corporation  or  any 
franchises,  real  estate,  fixtures  or  other  real  property  in 
pursuance  of  law,  shall  be  executed  and  acknowledged  in 
the  manner  In  which  conveyance  of  real  estate  by  corpora- 
tions is  required  to  be,  to  entitle  the  same  to  be  recorded 
and  shall  be  recorded  in  the  office  of  the  secretary  of  State 
who  shall  endorse  thereon  his  certi.ficate  thereof,  specify- 
ing the  day  and  hour  of  its  reception  and  the  volume  and 
page  where  recorded,  which  shall  be  evidence  of  such  facts. 
Kvery  such  record  of  any  such  instrument  shall  from  the 
time  of  reception  have  the  same  effect  as  to  any  property 
in  this  State  described  therein,  as  the  record  of  any  sim- 
ilar instrument  In  the  office  of  a  register  of  deeds  may 
have  by  law  as  to  property  in  his  county  and  shall  be 
notice  of  the  rights  and  interests  of  the  grantee,  lessee, 
or  mortgagee  by  such  instruments  to  the  same  extent  as  if 
It  was  recorded  in  each  and  all  of  the  several  counties  in 
which  any  property  therein  described  may  be  situated.  And 
provided,  further,  that  every  conveyance  or  lease,  deed  of 
trust  or  mortgage  thus  made  which  covers  any  real  prop- 
erty other  than  that  used  by  said  railroad  company  as 
right  of  way  for  its  railroad,  shall  likewise  be  recorded 
in  the  office  of  register  of  deeds  for  each  and  every  county 
wherein  such  real  estate  or  any  part  thereof  is  situated; 
and  provided  further,  that  such  conveyance,  lease,  deed  of 
trust  or  mortgage  shall  not  operate  as  a  conveyance  of,  or 
as  creating  any  lien  upon  any  such  real  estate  other  than 
railroad  right  of  way,  until  such  instrument  has  been  duly 
recorded  in  the  office  of  the  register  of  deeds  of  the  county 
in  which  the  same  is  situated. 

Repeal.  §  2.  All  Acts  and  parts  of  Acts  in  conflict  with 
this  Act  are  hereby  repealed. 

Emergency.  §  3.  Whereas  an  emergency  exists  in  that 
the  present  law  permits  a  railway  company  to  mortgage 
and  convey  real  estate  of  all  kinds  without  recording 
the  mortgage  or  conveyance  in  the  office  of  the  register  of 
deeds  in  the  county  in  which  the  real  estate  affected  Is 
situated,  this  Act  shall  be  in  full  force  and  effect  on 
and  after  its  passage  and  approval. 
Approved  March  5,  1911. 

CABOOSE  CARS. 

Be  it  enacted,  ete.: 

To  -whom  it  shall  apply.  S  1.  The  provisions  of  this 
Act  shall  apply  to  any  railroad  corporation,  or  any  person 
or  persons  while  engaged  as  common  carriers  in  the 
transportation  of  passengers  or  property  within  this  State 
to  which  the  regulative  power  of  this  State  extends. 

When  to  take  effect,  how  constructed.  §  2.  That  from 
and  after  the  first  day  of  June,  1914,  it  shall  be  unlawful, 
except  as  otherwise  provided  in  this  Act,  for  any  such 
common  carrier  by  railroad  to  use  on  its  lines  any  caboose 
car  or  other  car  used  for  like  purpose  unless  such  caboose 
or  other  car  shall  be  at  least  24  feet  in  length,  inclusive 
of  the  platform,  and  equipped  with  two  four-wheeled 
trucks,  and  said  caboose  car  or  other  car  shall  be  of  con- 
structive strength  equal  to  that  of  the  30-ton  capacity 
freight  cars  constructed  according  to  M.  C.  B.  standards, 
and  shall  be  provided  with  a  doer  in  each  end  thereof 
and  an  outside  platform  across  each  end  of  said  car;  each 
platform  shall  not  he  less  than  24  inches  in  width  and 
shall  be  equipped  with  proper  guard  rails,  and  with  grab 
irons  and  steps  for  safety  of  the  persons  getting  on  and 
off  said  car.  Said  steps  shall  be  equipped  with  a  suitable 
rod,  board  or  other  guard,  at  each  end  and  at  the  back 
thereof,  properly  designed  to  prevent  "lipping  from  said 
steps. 

Repairs,  hoio  made.  §  3.  Whenever  any  caboose  cars 
now  in  use  by  such  common  carriers  as  provided  by  §  1 
herein,  shall,  after  this  Act  goes  into  effect,  be  brought 
into  any  shop  for  general  repairs,  it  shall  be  unlawful  to 
again  put  the  same  into  service  of  such  common  carrier 
within  this  State,  unless  It  be  equipped  as  provided  in 
§  2  of  this  Act. 

Extensions,  how  granted.  §  4.  That  the  state  railroad 
commission  Is  hereby  authorized  to  grant  to  any  common 
carrier  aforesaid,  upon  full  hearing  and  for  good  cause 
shown,  a  reasonable  extension  of  time  in  which  to  com- 
ply with  the  provisions  of  this  Act;  provided,  that  in 
no  case   shall   such  extension  in  the   aggregate  exceed   a 


1054 


Natioxal  Association  of  Railway  Commissioxers 


period  of  one  year  from  the  time  herein  limited  for  com- 
pliance with  this  Act. 

Penalty.  §  5.  Any  common  carrier  as  provided  in  §  1 
of  this  Act,  violating  any  of  the  provisions  of  this  Act,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  not  less  than  $100,  nor  more  tbnn 
$500  for  each  offense. 

Approved  Jlarch  3,  1911. 
Be  it  enacted,  etc.: 

Unlawful  to  use.  §  1.  On  and  after  the  first  cay  of 
July,  1910,  it  should  be  unlawful  for  any  person,  corpora- 
tion or  company  operating  any  railroad  or  railway  in  this 
State  to  require  or  permit  the  use  of  any  caboose  cars, 
unless  said  caboose  cars  shall  be  at  least  24  feet  in 
length,  exclusive  of  platforms,  and  shall  bo  provided  with 
a  door  in  each  end  thereof  and  with  suitable  cupolas,  plat- 
forms, guardrails,  grabirons  and  steps  tor  the  safety  ot 
persons  in  alighting  or  getting  on  said  caboose  cars,  and 
said  caboose  cars  shall  be  equipped  with  at  least  tv;o  four- 
wheel  trucks. 

Penalty.  §  2.  Any  person,  corporation  or  company  op- 
perating  any  railroad  or  railway  in  the  State  violating 
any  of  the  provisions  of  S  1  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  $500  nor  more  than  $1,000 
for  each  offense. 

Approved   March   10,   1909. 

I.NSPECTIO.V    OF    OIL    AXl)'  GASOLINE. 

Oath  of  offlce — Bond.  §  2.  The  State  inspector  of  oils 
and  his  deputies  shall,  each,  before  entering  upon  the  dis- 
charge of  his  duties,  take  oath  or  affirmation,  according 
to  the  constitution  of  this  State  and  the  laws  thereof,  and. 
shall  file  the  same  with  the  secretary  of  State.  The  State 
inspector  of  oils  shall  execute  a  bond  to  the  State  of 
North  Dakota  in  the  penal  sum  of  $5,000,  with  such  surety 
as  shall  be  approved  by  the  governor  of  the  State,  con- 
ditioned for  the  faithful  performance  of  the  duties  herein 
imposed,  which  bond  shall  be  for  the  use  of  the  State  of 
North  Dakota  and  of  all  persons  aggrieved  by  the  act 
or  failure  to  act  of  the  State  inspector  of  oils,  and  the 
same  shall  be  filed  with  the  secretary  of  State.  Each 
of  said  deputy  inspectors  of  oils  shall,  before  entering 
upon  the  discharge  of  his  duties,  execute  a  bond  to  the 
State  of  North  Dakota  in  the  penal  sum  of  not  less  than 
$1,000,  nor  more  than  $5,000,  as  the  State  inspector  of  oils 
shall  prescribe,  which  bond  shall  be  approved  by  the 
governor  and  shall  be  filed  with  the  secretary  ot  State; 
and  such  bond  shall  be  conditioned  for  the  faithful  per- 
formance of  the  duties  herein  imposed  and  shall  be  for 
the  use  of  the  State  of  North  Dakota  and  all  persons 
aggrieved  by  the  act  or  failure  to  act  of  said  deputy 
inspectors  of  oils. 

Inspection  apparatus  provided — Chemist  employed.  §  3. 
The  State  inspector  of  oils  shall,  immediately  upon  the 
appointment  and  qualification  of  the  deputies  named  in 
S  1,  procure  and  furnish  to  such  deputies  such  apparatus 
as  may  ba  necessary  to  carry  out  the  provisions  of  this 
article.  He  may  also  purchase  from  time  to  time  the 
apparatus  for  making  tests  of  illuminating  oils  and  gaso- 
line as  hereinafter  provided,  and  pay  the  necessary  office, 
travel  and  other  expenses  of  the  department.  For  the 
purpose  of  making  chemical  and  photometric  tests,  as 
hereinafter  provided  for,  there  shall  be  set  aside  from 
the  general  funds  $2,000.  which  sum,  or  so  much  thereof  as 
is  necessary,  may  be  used  under  the  direction  of  the  State 
oil  inspector  in  the  employment  of  a  competent  chemist 
at  the  agricultural  collage  and  university.  Such  funds 
shall  be  taken  from  the  general  fund. 

Packages  branded.  §  4.  Every  person,  firm  or  corpora- 
tion offering  for  sale  to  the  trade  or  manufacturing  within 
the  State,  such  illuminating  oils  or  gasoline,  shall  stamp 
or  brand  every  package,  barrel  or  cask  containing  such 
Illuminating  oils,  with  the  name  of  the  brand  of  the  oil 
contained  in  such  package,  cask  or  barrel.  Every  pack- 
age, cask  or  barrel  which  contains  gasoline,  shall  be 
branded  before  being  shipped  into  the  State,  "Unsafe  for 
illuminating  purposes." 

Manner  of  testing.  §  5.  It  shall  be  the  duty  of  the  oil 
inspector,  or  his  deputies,  to  examine  and  test  within  this 
State,  all  oil  and  gasoline  held  or  offered  for  sale  by  any 
manufacturer,  vender  or  by  any  person  or  corporation 
in  this  State,  as  follows: 


For  Oil. — All  illuminating,  fuel  or  coke  refined  oil,  a 
product  of  petroleum,  shall  be  inspected  as  follows: 

1.  The  color  shall  be  water  white  when  viewed  by 
transmitted  light  through  a  layer  of  oil  four  inches  long. 

2.  After  being  subjected  to  inspection  as  herein  pro- 
vided, and  having  withstood  all  inspection  tests,  any  such 
so  inspected  oil  having  a  gravity  of  48  degrees,  or  better, 
may  be  colored  red. 

3.  It  shall  not  give  a  flash  test  below  105  degroes 
Fahrenheit,  closed  cup  test,  Elliott  cup,  and  shall  not 
have  a  fire  test  below  125  degrees  Fahrenheit,  Elliott  cup. 

4.  The  gravity  test  shall  not  be  less  than  iti  degrees, 
measured  by  the  Baume  hydrometer;  provided,  that  il- 
luminating oil  produced  from  petroleum  of  low  gravity 
shall  be  labeled  and  sold  as  low  gravity  oil,  and  such  il- 
luminating oil  shall  have  a  gravity  test  of  42  degrees 
(Baume I,  or  higher,  and  said  oil  shall  conform  in  other 
respects  to  the  tests  as  laid  down  in  this  Act. 

5.  All  such  low-gravity  oil  shall,  when  sold  in  pack- 
ages, or  from  tank  wagons,  be  plainly  marked  42  degrees 
gravity  oil,  and  such  marks  or  labels  shall  conform  ap- 
proximately to  the  following  description,  viz.:  The  words 
"42-degrees  gravity  oil."  and  such  marks  or  labels,  shall, 
when  appearing  on  barrels  or  any  container  other  than  tank 
wagons,  be  made  up  of  letters  not  less  than  two  inches 
square  each,  and  the  same  words  shall  appear  on  tink 
wagons  from  which  such  specified  oil  is  sold  in  letters  not 
less  than  three  inches  square  each,  and  such  sign  or  hibel 
shall  be  so  placed  on  such  tank  wagon  as  to  be  pla  nly 
readable  from  both  sides  of  tank  wagon  on  which  it  may 
appear;  further,  provided,  that  the  marks  or  labels  he  ein 
described  shall  not  appear  on  any  container,  barrel  or 
tank  wagon,  unless  such  container,  barrel  or  tank  wa2;on 
shall  contain  the  particular  grade  of  oil  for  which  his 
particular  mark  or  label  is  intended. 

6.  It  shall  not  contain  water  or  tarlike  natter,  nor  s  iall 
it  contain  more  than  a  trace  of  any  sulphur  compound. 

7.  All  storage  receptacles  from  which  Illuminating  oils 
subject  to  inspection  under  the  provisions  of  this  ^  -^ 
are  sold  at  retail  shall  have  labels  attached  to  the  e; 

or  faucet  from   which  such   oils  are   drawn,  which  hi 
shall    plainly    designate    the    approximate    gravity    of    the 
oils   so  drawn  as  either  42   degree.s  or  4G  degrees  oi    48 
degrees,  as  the  case  may  be. 

8.  It  shall  be  the  duly  of  the  state  inspector  of  lils 
or  his  deputies,  to,  at  least  once  in  each  90  days,  1  ive 
a  chemical  test  made  at  the  State  university  and  the  S  ate 
agricultural  college,  demonstrating  whether  or  not  e  ich 
oils  contain  more  than  4  per  cent  residuum,  after  bi  ing 
distilled  at  a  temperature  of  570  degrees  Fahrenheit.  1 
shall  not  contain  more  than  6  per  cent  of  oil  distillinj;. 
degrees  Fahrenheit;   when  100  cubic  centimeters  of  th 

are   distilled   from   a  side-necked   distilling  flask,  two 
three-quarter  inches  in  diameter,  and  with  a  neck  two 
one-half  inches  in  length,  to  the  side-necked  tube,  said  ; 
to  be  covered  with  a  closely-adhering  jacket  of  asbt 
I'aper.     Also,   a   determination   ot   tfie   amount   of   suli 
compounds  in  said  oils,  together  with  such  burning  i 
as  may  be  necessary  to  determine  the  ))hotonietric  \ 
of  the  oils,  which  shall  not  be  in  the  photometric  test,  v 
burning  under  normal  conditions,  show  a  fall  of  more  i 
25  per  cent  in  candle  power  in  a  test  for  not  less  than 
nor  more  than  eight  hours'  duration,  consuming  95  per      ..: 
of  the  oil.     The  result  of  such  chemical  tests  shall  bi    in- 
cluded  in   the   State   oil   inspector's   annual   report   to   ihc 
governor.    The  failure  of  the  oil  inspector  to  have  the  a 
tests  made  shall  render  him  liable  to  a  fine  of  $100  for  ' 
offense.    If,  upon  such  testing  and  examining,  such  oils 
meet  the  requirements  as  to  the  various  tests  menti 
and  included  in  tests  '"1,"  "3"  and  "4,"  such  oils  shall  w 
marked  upon  the  package,  barrel  or  cask  containing  the 
same,  "approved,"  giving  the  date  of  such  inspection  and 
the  name  of  the  inspector  or  deputy.     If,  upon  such   ex- 
amination   and    testing,    such    oil    shall    not    meet   the    le- 
quirements  as  to  color,  fire  and  gravity  tests  herein  s  leci- 
fled,  such  oils  shall  be  marked   upon  the  barrel,  paciage 
or  cask   containing  the   same,   "Rejected   for  illuminrting 
purposes,"   giving  the   date  of  such   examination   and  the 
official  signature  of  the  inspector  or  deputy  making  such 
inspection;    and   it   shall   be   unlawful    tor   any   person  or 
persons,  or  corporations,  lo  sell  any  such  oil  so  rejected 
for  illuminating   purposes   for  consumption   in   this   State. 
In   case   any    corporation,   company    or    individual,    manu- 
facturer or   vendor,   has   or   offers   for   sale   refined   oils 


Public  Sehvice  Laws 


1055 


which  do  not  comply  with  the  tests  iindtT  the  heading 
"Chemical  Tests,"  the  State  inspector  of  oils  may  ex- 
clude such  oils  from  the  State  or  cause  them  to  be  de- 
stroyed, and  the  offending  officers  of  any  such  corporation 
or  company,  or  the  manufacturer,  vendor  or  individual 
having  or  offering  for  sale  such  oils  shall  be  deemed 
guilty  of  a   misdemeanor. 

For  Gasoline. — All  gasoline  offered  for  sale  within  the 
state  shall  be  tested  for  gravity.     All  gasoline  which  tests 
68  degrees  (Baume)  or  higher  shall  be  branded,  "approved 
tor  sale."  and  any  gasoline  which   tests  below  C3  degrees 
(Baume)    shall   be  marked,   "rejected   for  sale:"   provided, 
that  gasoline  produced  from  petroleum  of  low  gravity  shall 
be  labeled  and  sold  as  low  gravity  gasoline,  and  such  gasc- 
.    line  shall  have  a  .gravity  test  of  G3  degrees    (Baume)   or 
j      higher:    provided,  that  all  gasoline  offered  for  sale  in  this 
.      State,  shall,   when   100  cubic  centimeters  are  subjected  to 
distillation  in  a  flask  as  described  for  distilling  oil.  show 
I      not  less  than  3  per  cent  distilling  at  158  degrees  Fahren- 
1      heit,  and  there  shall  not  be  more  than  G  per  cent  residue  at 
I      284  degrees  Fahrenheit.     All  gasoline,  whether  it  is  of  a 
i     required  test  or  not,  shall  be  branded  "unsafe  for  illumi- 
'    _nating  purposes";   but  this  clause  shall  in  no  way  be  con- 
strued as  preventing  the  sale  or  use  of  said  gasoline,  pro- 
I     viding  it  has  been  inspected   and   branded  as  above,  "ap- 
proved for  sale." 

Lists  of  ports  of  entry  furnished — Penalty  for  noncom- 
^  lilianre  by  railroad  company.  S  6.  It  shall  be  the  duty  of 
the  State  inspector  of  oils  to  transmit  to  each  of  the  rail- 
way companies  whose  lines  enter  the  State  a  list  of  the 
liorts  of  entry  which  have  been  created,  at  once  on  enter- 
ing upon  the  duties  of  his  office-,  and  to  report  to  such 
companies  new  ports  of  entry  as  they  may  be  established, 
together  with  the  names  of  the  deputies  at  each  port,  and 
the  railway  bringing  refined  oil  or  gasoline  into  the  State, 
sub.iect  to  inspection  as  herein  provided.  sh,ill  stop  and 
hold  for  inspection  at  the  port  at  which  it  enters,  all  con- 
signments of  such  goods,  and  a  failure  to  do  ?o  will  be  a 
misdemeanor  on  the  part  of  tlie  railway  company  and  its 
representative  in  charge,  and  punishable  by  a  fine  not  to 
exceed  $150.  or  by  imprisonment  not  to  exceed  30  days,  or 
both.  Any  person,  firm,  corporation  or  individual  bringing 
in  to  the  State  such  goods  in  same  manner  are  subject  to 
same  regulations  and  penalties,  except  as  to  notifications 
of  ports  of  entry  and  deputies  and  for  their  notification, 
notices  shall  be  i)OSted  at  every  railway  station  in  each 
port  Of  entry. 

Repeal.    §  16.    All  Acts  or  parts  of  acts  in  conflict  here- 
with are  hereby  repealed. 
Approved  March  18,  1909. 

RFGHT    OF    1V.VV    FOI!    TELEPHONK    AND    KLECTE.O    RAII.W.W    COM- 
PANIES. 

Ricjht  of  ivay.  S  4633.  The  board  of  county  commission- 
ers of  any  county,  board  of  supervisors  of  any  township, 
board  of  aldermen  of  any  incorporated  city,  or  board  of 
trustees  of  any  town  or  village  in  this  State,  may,  when 
deemed  for  the  best  interest  of  their  respective  municipal 
corporations,  grant  to  any  person  who  is  a  resident  of  ;his 
State,  or  to  any  company  or  corporation,  the  majority  of 
the  shares  of  stock  of  v.'hich  is  owned  bv  residents  of  and 
the  principal  place  of  business  of  which  is  within  this 
State,  the  right  of  way,  for  the  erection  of  a  teleiihcne  line 
over  or  upon  any  public  grounds,  streets,  alleys  or  high- 
ways under  the  care  or  supervision  of  such  board  granting 
such  right  of  way.  Such  right  of  way  shall  be  granted  sub- 
ject to  such  conditions,  restrictions  and  regulations  as  raav 
be  prescribed  by  the  board  granting  the  same,  as  to  what 
grounds,  streets,  alleys  or  highways  said  'line  shall  run 
upon,  over  or  across  and  as  to  the  places  vhere  the  poles 
to  support  the  wires  shall  be  located,  and  all  grants  of  right 
of  way  for  the  construction  of  telephone  iines  heretofore 
made  in  accordance  herewith,  by  the  board  above  men- 
tioned, are  hereby  made  valid. 

Right  of  icay  for  elcetrie  railways.  §  4634.  The  board 
of  county  commissioners  of  anv  countv,  board  of  super- 
visors of  any  township,  or  board  of  trustees  of  anv  town 
or  village  in  this  State  may,  when  deemed  for  the  best 
interest  of  their  resiiective  municipal  corporations  grant 
to  any  person,  persons,  company  or  corporation,  the  right 
or  way  for  the  construction  and  operation  of  an  electric 
or  other  railway  in,  over  or  upon  public  grounds,  streets, 
alleys  or  highways,  under  the  care  or  supervision  of  such 
board  granting  such  right  of  way. 


I.NCREASl.;   OF   K.\lI,UOAU   CAPITAL   .STOCK. 

Be  it  enarted.  cte.: 

Amendment.  §  1.  Section  4224  of  the  revised  codes  is 
amended  and  re-enacted  to  read  as  follows: 

Potters  of  corporation.  S  4224.  Every  corporation  mav 
increase  or  diminish  its  capital  stock  at  a  meeting  called 
for  that  purpose  by   the  directors,   as   follows: 

1.  Notice  of  the  time  and  place  of  the  meeting  stat- 
ing its  object  and  the  amount  to  which  it  is  proposed 
to  increase  or  diminish  its  capital  stock  must  be  per- 
sonally served  on  each  stockholder  resident  in  the  State 
GO  days  prior  to  the  time  of  such  meeting  at  his  place 
of  residence  if  known;  and  the  notice  must  be  given  to 
stockholders  whose  place  of  residence  is  unknown  or  who 
are  not  residents  in  the  State  by  the  publication  of  such 
notice  in  a  newspaper  published  in  the  county  where 
the  prircipal  office  of  the  corporation  is  situated,  not 
less  than  once  a  week  for  60  days  prior  to  such  meeting; 
provided  that  the  capital  slock  of  any  railway  company 
organized  under  the  laws  of  this  State  may  be  increased 
to  such  an  amount  as  may  by  its  stockholders  be  deemed 
necessary  for  the  purchase  or  construction  of  any  rail- 
road which  it  may  be  legally  empowered  to  purchase  or 
construct;  for  additions  to  or  improvements  of  its  rail- 
road or  property;  for  additional  equipment  which  mav  be 
necessary  in  the  operation  of  its  railroad  and  for  "real 
estate  that  may  be  needed  by  said  corporation  for  rail- 
way purposes,  by  a  majority  vote  of  all  its  stock,  in 
person  or  by  proxy  at  any  annual  meeting,  or  at  any 
meeting  called  by  its  directors  for  that  purpose,  by  a 
notice  in  writing  to  each  stockholder,  to  be  served  on 
him  personally  or  by  depositing  the  same  in  the  post- 
office,  postage  paid,  properly  directed  to  him  at  the  post- 
office  nearest  his  usual  place  of  residence  at  least  40  days 
prior  to  such  meeting.  Such  notice  shall  state  the  time 
and  iJlace  of  such  meeting,  its  object  and  the  amount 
to  which  it  is  proposed  to  increase  such  capital  stock. 
No  vote  in  favor  of  such  increase  shall  take  effect  until 
the  proceedings  of  such  meeting,  showing  the  names  of 
all  of  the  stockholders  voting  therefor  and  the  amount 
of  stcc;i  owned  by  each,  shall  be  entered  upon  the 
records  of  such  corporation.  Every  such  corporation  so 
increasing  its  capital  stock,  shall  file  with  the  secretary 
of  State,  whenever  issues  of  stock  shall  be  made  under 
this  section,  a  report  showing  the  amount  issued  and 
the  purposes  to  which  it  has  been,  or  is  to  be,  devoted, 
which  report  shall  be  verified  by  oath  of  the  president 
or  the  general  manager  thereof  and  of  the  chief  engineer. 

2.  The  capital  stcck  must  in  no  case  be  diminished 
to  an  am.ount  less  than  the  indebtedness  of  the  corpora- 
tion, or  the  estimated  cost  of  the  works  which  it  may 
be   the   purpose   of   the   corporation   to   construct. 

3.  At  least  two-thirds  of  the  entire  capital  stock, 
exce))t  as  hereinbefore  provided,  must  be  represented 
by  the  vole  in  favor  of  the  increase  or  diminution  be- 
fore  it  can   be  effected. 

4.  A  certificate  must  be  signed  by  the  chairman  and 
the  secretary  of  the  meeting  and  a  majority  of  the  di- 
rectors, showing  a  compliance  with  the  requirements'  of 
this  section,  the  amount  to  which  the  capital  stock  has 
been  increased  or  diminished,  the  amount  of  stock  rep- 
resented at  the  meeting  and  the  vote  by  which  the  ob- 
ject was  accomplished. 

5.  The  certificate  must  be  filed  in  the  office  of  the 
secretary  of  State,  there  to  be  recorded  in  the  book  of 
corporations,  and  thereupon  the  capital  stock  shall  be  so 
increased  or  diminished. 

Repeal  .«  2.  All  Acts  and  parts  of  Acts  in  conflict  with 
the   provisions   of  this   Act   are   hereby   repealed. 

Emergency.  §  3.  Whereas,  an  emergency  exists  in  that 
there  is  at  )iresent  in  this  State  no  law  to  permit  a  rail- 
road corporation  organized  in  this  State  to  increase  its 
capital  stock  in  emergehcies  for  the  purpose  of  purchas- 
ing equipment  or  extending  its  line,  therefore  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  approval. 

Approved  March  19,  1907. 

SECFKl  XG    TKAJCSPOIiTATIOX     FRAmULE.NTI.Y. 

lie  it  enacted,  etc.: 

Fraud  to  secure  transportation,  when.  S  1.  Every  em- 
ploye who,  with  intent  to  defraud,  shall  accejit  or  receive 
transportation  provided  by  or  at  the  instance  or  expense 


1056 


National  Association  of  Railway  Commissioners 


of  his  employer,  from  any  point  in  this  State  to  or  in 
the  direction  of  the  place  where  he  has  contracted  to 
perform  labor  for  or  render  services  to  such  employer,  or 
who  shall  knowingly  or  with  intent  to  defraud,  accept 
or  receive  the  benefit  of  any  other  pecuniary  advance- 
ments made  by  or  at  the  instance  and  cost  of  his  em- 
ployer under  an  agreement  on  the  i)art  of  such  employe 
to  perform  labor  or  render  services  in  repayment  of  the 
cost  of  such  transportation  or  of  such  other  benefits, 
shall  be  deemed  and  adjudged  (guilty)  of  a  misdemeanor 
if  he  shall  neglect  or  refuse  to  render  services  or  perform 
labor  of  an  equal  value  to  the  full  amount  paid  for  such 
transportation  or  other  benefits,  or  shall  neglect  or  refuse 
to  pay  such  employer  in  money  the  amount  paid  there- 
for. The  value  of  the  services  to  be  rendered  or  labor 
to  be  performed  shall  be  determined  by  the  price  agreed 
to  be  paid  therefor  by  such  employer  under  his  contract 
with  the  employe.  The  failure  or  refusal  of  any  such 
employe  to  perform  such  labor  or  to  render  such  services 
in  accordance  with  his  contract  or  to  pay  in  money  the 
amount  paid  tor  such  transportation  or  other  benefits 
shall  be  prima  facie  evidence  of  his  intent  to  defraud. 

Penalty.  §  2.  Every  person  found  guilty  of  such  misde- 
meanor shall  be  punished  by  a  fine  not  exceeding  $25 
and  by  imprisonment  of  not  less  than  10  nor  more  than 
60  days. 

Repeal.  §  3.  All  Acts  or  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Emergency.  §  4.  AVhereas,  an  emergency  exists  in  tha"^ 
there  is  now  no  law  in  this  State  covering  the  provisions 
of  this  Act,  same  shall  take  effect  from  and  after  its 
passage   and    approval. 

Approved  March  13,  1907. 

IXUIVIDU.VLS    OPERATING    R.VILROADS,    ETC. 

When  individuals  must  comply  with  late  on  corporations. 
§  4694.  Any  person  or  association  of  persons  now  en- 
gaged in  or  that  may  hereafter  engage  in  the  construc- 
tion of  any  railroad,  street  railway,  telegraph  or  tele- 
phone lines,  ditch  for  conveying  water,  or  other  like 
work  of  internal  improvement,  shall  be  required  to  com- 
ply strictly  with  all  the  provisions  of  the  preceding  11 
chapters,  in  the  same  manner  as  corporations,  so  far  as 
the  same  can  be  done.  A  failure  of  any  such  person  or 
association  of  persons  to  comply  as  aforesaid  shall  work 
a  forfeiture  of  any  and  all  rights  he  or  they  may  have 
acquired  in  accordance  with  law. 

PUBLIC    SEEVICE    IXQUIKY    COMMISSION. 
A  JOINT   RESOLUTION. 

"Whereas,  JIuch  time  and  labor  has  been  fruitlessly 
expended  and  much  expense  in  like  manner  incurred  by 
the  10th  legislative  assembly  in  its  endeavors  to  pre- 
pare and  enact  laws  calculated  for  the  better,  safer  and 
more  efficient  regulation  of  the  operation  of  public  serv- 
ice corporations  within  the  State,  and  to  fairly  and 
equitably  adjust  and  regulate  the  charges  and  schedules 
which  should  be  made  and  adopted  by  such  public  service 
corporations  in  the  performance  of  their  duties  as  such; 
and 

Whereas,  It  is  manifest  that  the  greatest  hindrance 
to  the  enactment  of  such  laws  lies  in  the  lack  of  knowl- 
edge or  information  on  the  part  of  the  legislative  as- 
sembly touching  the  actual  cash  value  of  the  properties 
of  sufth  public  service  corporations,  used  in  the  trans- 
action of  their  various  lines  of  business,  their  capitaliza- 
tion and  bonded  indebtedness,  their  earnings  and  ex- 
penses, properly  creditable  to  and  chargeable  to  business 
done  within  the  State  of  North  Dakota;   and 

Whereas,  It  is  manifestly  the  desire  and  intent  of 
the  legislative  body  to  avoid  expensive  experiments,  and 
to  enact  such  just,  equitable  and  efficient  laws  as  will 
encourage  the  investment  of  capital  and  the  extension 
of  development  of  the  State  an*  of  the  public  service 
corporations  therein  and  at  the  same  time  provide  ade- 
quate compensation  for  adequate  service,  no  more  and 
no  less;   now,  therefore, 

Be  it  resolved  by  the  legislative  assembly  of  the  State  of 
North  Dakota: 

Commission    created.      SI.      A    special    commission    is 

hereby    created    to    be    known    as    "The    Public    Service 

Inquiry    Commission."    to    consist    of    the    governor,    the 

Resident  of  the  senate  and  the  speaker  of  the  house  of 

Wresentatives    of    the    10th    legislative    assembly,    which 


commission   shall   exist   until   the   convening  of   the    llth 
legislative  assembly  unless  sooner  dissolved  by  law. 

Duties,  i  2.  The  duties  of  such  commission  shall  be  to 
ascertain  and  report  to  the  llth  legislative  assembl.v,  in 
the  form  of  an  itemized,  detailed  report: 

(a)  The  actual  cash  value  of  all  property,  real  and 
l)ersonal,  within  and  without  the  State  of  North  Dakota 
(separately  state),  of  all  railroad,  steamboat,  sleeping 
car,  refrigerator  or  other  special  car  corporations,  ex- 
press, telegraph  and  telephone  corporations,  doing  busi- 
ness within  the  State. 

(b)  The  mileage  of  railway,  telephoae  and  telegraph 
lines  of  such  corporations  within  the  State,  and  sepa- 
rately elsewhere. 

(c)  The  capitalization  and  bonded  indebtedness  of 
such   corporations. 

(d)  Their  gross  earnings  in  detail,  including  in  tliis, 
not  only  business  beginning  and  ending  within  the  State 
but  the  just  and  equitable  share  or  proportion  of  inter- 
state and  other  business  which  should  in  the  opinion  of 
the  commission  be  credited  to  the  operation  of  their 
lines  within  the  State. 

(e)  Their  expense  of  operation  and  fixed  char!;es 
separately,  and  such  proportion  thereof  as  should  be 
justly  and  equitably  charged  against  their  earnings  as 
herein  specified. 

(f)  A  deduction  showing  the  net  cost  per  mile  of 
transporting  the  different  classes  of  property,  perscns 
and   communications. 

(g)  The  nature  and  cause  of  accidents  and  interr  ip- 
tions  of  service,  and  of  the  inefficiency  thereof  whi  re 
such  ineflSciensy  existed,-  and  remedies  therefor. 

(h)     The    inquiry,     investigations    and    deductions    to 
cover,  extend  over,  and  be  made  up  from  the  experiei 
of  the  five  years  next  preceding  the  making  of  the  reg 
of  the  commission.  '; 

Powers  of  commission.     §  3.     Such  commission,  and  t 
several   members   thereof,    are   hereby   empowered    to   . 
minister  oaths,  to  issue  subpoenas  and  to  compel  the   il 
tendance   of   witnesses   and   the   production   of  books,     la^ 
pers  and  records,  and  to  punish  for  contempt  in  case  ol 
refusal    of   any    i)erson   to   comply   with   its   orders   or     e-' 
quirements. 

Organization.      §4.      Such    commission    shall    meet    :  oi 
organization  at  such  time  and  place  as  the  governor  ma] 
designate,    adopt   such    rules    and    regulations   as    may 
necessary  and  proper  for  the  prompt  and  orderly  condi 
of  its   business   and   may   hold   its   session   at  such   tin 
and    places   and   under   such    regulations  as   it   may   fn 
time  to  time  decide,  but  its  sessions  during  the  bienn 
period  shall  not  exceed  100  days  in  all.  j 

Duty    of   attorney-general.      §  5.      The    attorney-gene  l 
shall  be  the  legal  advisor  and  counselor  of  such  coma 
sion    and    Itr  shall    have    the    power   to   employ   a    ste: 
rapher   or   reporter   and    such    other   assistants   as   in 
judgment  may  be  required. 

Compensntion.  S  6.  The  members  of  said  commissi 
shall  serve  without  other  compensation  than  that  n-n 
allowed  them  by  law,  but  shall  be  allowed  and  paid  the  siu 
of  ?10  each  per  diem  to  cover  and  in  lieu  of  all  pji 
sonal  expenses  while  actually  engaged  in  the  sessions 
said  commission  and  while  going  to  and  returning  from  t 
same. 

Expenses  allowed.    S  7.    The  expense  of  said  commisi 
and  of  the  members  thereof  shall  be  audited  and  allow  ei 
the  same   as  other  expenses  of  the   State   administrato, 
and  paid  out  of  the  general  fund.  . 

File  report.  §  8.  In  order  that  the  information  obtau 
by  such  commission  shall  be  available  tor  the  St; 
board  of  equalization,  as  well  as  for  the  legislative  as- 
sembly, at  the  earliest  possible  date,  the  said  comnis- 
sion  shall  file  with  the  secretary  of  State  a  report  of 
its  findings  up  to  and  on  the  first  day  of  .Tuly,  1907,  mil 
a  like  report  on  the  first  day  of  July,  190S. 

Person  testifying  immune.  S  9.  No  person  shall  be  pi  r 
ileged  from  testifying  in  relation  to  anything  herein  con- 
tained, but  no  such  i>€rson  shall  thereafter  be  prosecuted 
for  any  offense  concerning  which  he  may  have  been  re- 
quired to  testify,  and  the  testimony  so  given  shall  not  be 
used  in  the  prosecution  of  any  such  person  in  any  crim- 
inal action  whatever,  except  in  actions  for  perjury,  in  giv- 
ing such  testimony. 

Appioved  March  19,  1907. 


n\ 


CO 

I 


Public  Seuvice  Laws 


1057 


PUBLIC   SERVICE  LAWS  OF  OHIO 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  XIII.     CORPORATIONS. 

Corporate  powers.  §  1.  The  general  assembly  shall  t)ass 
no  special  Act  conferring  corporate  powers. 

Corporations,  how  formed.'  §2.  Corporations  may  be 
formed  under  general  laws,  but  all  such  laws  may,  from 
time  to  time,  be  altered  or  repealed. 

Dues  from  corporations — Ho%v  secured.  §  3.  Dues  from 
private  corporations  shall  be  secured  by  such  means  as 
may  be  prescribed  by  law.  but  in  no  case  shall  any  stock- 
holder be  individually  liable  otherwise  than  for  the  un- 
paid stock  owned  by  him  or  her.  (As  amended  November  3, 
1903;   95  v.  9G1.) 

Corporate  property  subject  to  taxation.  §  4.  The  prop- 
erty of  corporations,  now  existing  or  hereafter  created, 
shall  forever  be  subject  to  taxation,  the  same  as  the 
property  of  individuals. 

Right  of  icay.  §  5.  No  right  of  way  shall  be  appropri- 
ated to  the  use  of  any  corporation  until  full  compensation 
therefor  be  first  made  in  money,  or  first  secured  by  a  de- 
posit of  money,  to  the  owner,  irrespective  of  any  benefit 
from  any  improvement  proposed  by  such  corporation, 
which  compensation  shall  be  ascertained  by  a  jury  of 
twelve  men,  in  a  court  of  record,  as  shall  be  prescribed 
by  law. 

STATUTE  LAW. 

The  railroad  commission  Act  of  Ohio  has  been  re-writ- 
ten by  the  codifiers  with  numerous  slight  changes  and 
now  comprises  the  first  chapter  in  Division  II  of  the 
General   Code  of  Ohio  of  1910,  as  follows: 

CHAPTER  1.     RAILROAD  COMMISSION. 

§  487.  Railroad  Commission  of  Ohio;  appointment  and 
term  of  commissioners. 

§  488.     Qualifications    of    commissioners. 
Must  devote  entire  time  to  office. 
Oath  of  office. 
Removal. 
Vacancies. 
Organization. 
Secretary    and    clerks. 


§489, 

§490. 

§491. 

§492. 

§493. 

§494. 
ries. 

§495. 

§496. 

§497. 

§498. 

§499. 

§500. 
other  States 

§  501.     Term 

§502. 
apply. 

§503. 

§504. 


appointment    and    sala- 


Duties  of  secretary. 

Right   of   inspectors. 

Rules  and  regulations. 

Office,  furniture  and  supplies. 

Expenses. 

May    confer    with    railroad    commissioners    of 

railroad"    defined. 
To    what   the    provisions    of   this   chapter    shall 


To  what  this  chapter  shall  not  apply. 
Railroad    required    to   furnish   adequate    service 
and  facilities. 

§  505.  Railroad   required   to   file   schedules   with   com- 
mission. 

§  506.  What  schedules  shall  contain  and  where  posted. 

§  507.  Schedules  of  joint  rates. 

§  508.  Changes  in  schedules. 

§  509.  Posting   changes   in   schedules. 

§  510.  Charges  shall  conform  to  schedule. 

§  511.  Commission  shall   prescribe  forms. 

§  512.  Rates  shall  be  just  and  reasonable. 

§  513.  Special  contract  rates. 

§  514.  Classification  of  freight  shall  be  uniform. 

§515.  Transportation   at   reduced   rates,    when   lawful. 

§  516.  When  free  ticket,  pass,  etc..  may  be  issued. 

§  517.  Passes  may  be  interchanged. 

§  518.  Penalty. 

§  519.  Depots,  switches  and  sidetracks. 

§  520.  Supply  of  cars. 

8  521.  Commission  shall  enforce  regulations  as  to  cars. 

§  522.  Interchange  of  traffic. 

§  523.  Control  over  private  tracks. 

§  524.  Complaints  and  hearings. 

I  525.  Railroad  may  be  complainant. 


§  526.  Hay  separate  complaint. 

§  527.  Commission  may  change  unreasonable  rate. 

§  528.  Commission    may    investigate    on    its    own    mo- 
tion. 

§  529.  Record  of  certain  investigations. 

§  530.  Power  of  commissioners  to  administer  oaths. 

§  531.  Witnesses  may  be  compelled  to  testify. 

§  532.  Witness  fees  and  mileage. 

§  533.  Depositions  may  be  taken. 

5  534.  Transcribed  copy,   certified  by  stenographer,   is 
evidence. 

§  535.  Commission  may  change  rate  or  service. 

§  536.  Railroads  shall  correct  schedules. 

§  537.  Copies  of  orders  to  be  supplied  railroads. 

§  538.  Commission  may  rescind  or  amend  an  order. 

§  539.  Commission  may  apportion  joint  rate  or  charge. 

§  540.  When  commission  may  fix  joint  rate. 

§541.  Rates,  fares,  etc.,  fixed  by  commission,  prima 
facie  lawful. 

§  542.  Regulations,  practices,  etc.,  prescribed  by  com- 
mission  prima   facie   reasonable. 

§  543.  Action  to  vacate  finding  of  commission. 

§  544.  Commission  shall  file  transcript  of  proceed- 
ings and  testimony;  answer. 

§  545.  Such  action  shall  have  precedence. 

§  546.  New  evidence  may  be  submitted  to  commis- 
sion. 

§  547.  Action  of  commission  on  new  evidence. 

§  548.  Effect  of  altered  order. 

§  549.  Appeal   and  error. 

§  550.  Burden  of  proof. 

§  551.  No  injunction  without  notice. 

§  552.  Rules  of  practice. 

§  553.  Witnesses  compelled  to  testify. 

§  554.  Certified  copy  shall  be  evidence. 

§  555.  Commission  may  inquire  into  management  of 
railroads. 

§  556.  Commission   shall  prepare   blanks  for  railroads. 

§  557.  Railroads  shall   file  blanks  and  verify  answers. 

§  558.  Commission   may   make   examinations. 

§  559.  Commission  may  require  production  of  books 
and  papers. 

§  560.  Forfeiture  for  refusal  to  comply  with  sub- 
poena. ■ 

§  561.  Commission  may  demand  copies  of  transpor- 
tation contracts. 

§  562.  Report  of  free  transportation. 

§  563.  Investigation  into  violations  of  the  interstate 
commerce  law. 

§564.  Unjust  discriminations;  forfeiture. 

§  565.  Penalty  against  agent  or  officer. 

§  566.  Illegal  concessions. 

§  567.  Unlawful  preference. 

§  568.  Giving  rebate  or  concession. 

§  569.  Punitive  damages. 

§  570.  Penalty  for  refusal  to  file  blanks. 

§  571.  Forfeiture  for  failure  or  neglect  to  comply  with 
this  chapter. 

§  572.  Power  of  commission  to  regulate  in  cases  not 
designated. 

§  573.  Duty  of  railroad  to  report  certain  accidents. 

§  574.  Duty  of  the  commission  to  investigate  such  ac- 
cidents. 

§  575.  Costs   of  investigation. 

§  576.  Commission  shall  inquire  into  violation  of  laws. 

I  577.  Counsel  for  commission. 

§  578.  Action  for  forfeiture  by  attorney-general. 

§  579.  Claims  against  railroads  may  be  filed  with  com- 
mission. 

§  580.  Proceedings  in  case  of  non-payment. 

§  581.  Construction  to  be  placed  on  provisions  of  this 
chapter. 

§  582.  Forfeiture  shall  be  cumulative. 

S  583.  Actions  by  mandamus  in  certain  cases. 

§  584.  Sections  of   this  chapter  independent. 

THACK.S    .\.ND    (ROSSI. NCS. 

§  585.  Duty  of  commission  as  to  dangerous  tracks, 
bridges,  etc. 

§  586.  Penalty  for  neglect  to  repair  defective  track, 
etc. 


1058 


National  Association  of  Bailway  Commissioneks 


§  587.     Forfeiture  in   case  of  non-compliance. 

§  588.     Gates,  bells,  devices  or  flagmen  at  crossing. 

g  589.  Forfeiture  for  failure  to  comply  with  notice  o£ 
commission. 

§  590.     Regulations  as  to  gates,  bells  and  devices. 

§  591.     Cost  of  gates,  bells  and  devices  in  certain  cases. 

§  592.  Wlien  engines  or  trains  may  pass  crossings 
witiiout  stopping. 

§  59.3.     Unsafe  interlocking  works  or  fixtures. 

§  594.     Safety  devices  at  grade  crossings. 

§  595.     Commission  may  make  order  as  to  a  crossing. 

§  59G.     Hearing  as  to  necessity  of  safety  device. 

§  597.     What  order  of  commission   shall   contain. 

§  598.     Compulsory  interlocking. 

§  599.     Crossing  without  stopping. 

§  COO.     Forfeiture  for  non-compliance  with  order. 

MISCELLANEOUS. 

§  601.     Examinations  into  alleged  violations  of  law. 

§  602.  List  of  officers  and  directors  must  be  furnished 
by  railroad  or  telegraph  company.. 

§  603.  Commission  shall  be  furnished  copies  of  cer- 
tain leases,  contracts  and  agreements. 

§  604.     Map  and  profile  of  new  railroad. 

§  605.     Annual  report  of  railroad. 

§  600.  Expenses  of  department  to  be  borne  by  rail- 
road. 

§  607.    Penalty. 

§  608.    Commission  may  pass  free  over  all  railroads. 

§  609.  Penalty  for  refusal  to  answer  questions  in  ex- 
amination. 

§  610.     Form  of  action  for  forfeitures  and  penalties. 

i  611.     Action  for  forfeiture  by  prosecuting  attorney. 

I  612.     Action  for  forfeiture  by  city  solicitor. 

§  613.  Moneys  arising  from  prosecutions  and  actions 
for  forfeiture. 

§  614.     Annual  report  of  commission. 

Railroad  commission  of  Ohio — Appointment  and  term  of 
commissioners.  §  487.  There  shall  be  a  commission  known 
as  the  "Railroad  Commission  of  Ohio,"  and  in  that  name 
it  may  sue  and  be  sued.  The  commission  shall  be  com- 
posed of  three  commissioners,  appointed  by  the  governor, 
with  the  advice  and  consent  of  the  senate.  Biennially  in 
the  month  of  January  the  governor  shall  appoint  one  such 
commissioner  who  shall  serve  for  a  term  of  six  years 
from  the  first  Monday  in  February  following  his  appoint- 
ment, and  until  his  successor  is  appointed  and  qualified. 
(98  v.  342  Par  1.) 

Qualifications  of  commissioners.  §  488.  One  commis- 
sioner shall  have  a  general  knowledge  of  railroad  law, 
and  each  of  the  others  shall  have  a  general  understand- 
ing of  matters  relating  to  railroad  transportation,  but  at 
no  time  shall  there  be  more  than  two  commissioners  mem- 
bers of  the  same  political  party.  No  person  so  appointed 
shall  be  pecuniarily  interested  in  a  railroad  in  this  State 
or  elsewhere,  and,  if  a  commissioner  voluntarily  becomes 
so  Interested,  his  office  shall  thereby  become  vacant.  It 
he  becomes  so  interested  otherwise  than  voluntarily,  he 
shall  within  a  reasonable  time  divest  himself  of  such  in- 
terest; failing  so  to  do,  the  governor  shall  remove  him 
as  provided  in  this  chapter.     (98  v.  342  Par.  1.) 

Must  devote  entire  time  to  office.  §  489.  No  commis- 
sioner shall  hold  any  other  office  or  position  of  profit,  or 
pursue  any  other  business  or  vocation,  or  serve  on  or 
under  a  committee  of  a  political  party,  but  shall  devote 
his  entire  time  to  the  duties  of  his  office.  (98  v.  343 
Par.  1.) 

Oath  of  office.  §  490.  Before  entering  upon  the  dis- 
charge of  the  duties  of  his  office,  each  commissioner 
shall  take  and  subscribe  to  an  oath  of  "office,  and  in  ad- 
dition thereto  swear  that  he  is  not  pecuniarily  interested 
In  any  railroad  in  his  State  or  elsewhere,  that  he  holds 
no  other  office  of  profit,  and  no  position  under  a  political 
committee  or  party.  Such  oath  together  with  the  oath 
of  office  shall  be  filed  in  the  office  of  the  secretary  of 
State.     (98  v.  343  Par  1.) 

Removal.  §  491.  The  governor  may  remove  a  commis- 
sioner for  inefficiency,  neglect  of  duty,  or  malfeasance  in 
office.  Before  such  removal  he  shall  give  such  commis- 
sioner a  copy  of  the  charges  against  him,  and  fix  a  time 
when  he  may  be  heard,  which  hearing  shall  be  open  to 
the  public,  and  not  less  than  10  days  thereafter.  It  he 
be   removed,   the   governor  shall   file   in   the   office  of  the 


secretary  of  State  a  complete  statement  of  all  charge! 
against  such  commissioner,  his  finding  thereon  and  th« 
record  of  the  proceedings.     (98  v.  342  Par  1.) 

Vacancies.  §  492.  A  vacancy  in  the  commission  shall  b< 
filled  by  appointment  by  the  governor  for  the  unexpirec 
term,  and  such  appointment  shall  be  in  full  effect  untl 
acted  upon  by  the  senate.     (98  v.  342  Par  1.) 

Organization.  §  493.  On  the  second  Monday  of  Febru 
ary  in  each  odd  numbered  year,  the  commissioners  shal 
meet  at  the  office  of  the  commission  and  elect  t 
chairman,  who  shall  serve  for  two  years  and  until  hii 
successor  is  elected.  A  majority  of  the  commissioners 
shall  constitute  a  quorum  to  transact  business,  and  : 
vacancy  shall  not  impair  the  right  of  the  remaining  com 
missioners  to  exercise  all  the  powers  of  the  commission 
if  a  majority  remains.     (98  v.  343  Par.   1.) 

Secretary  and  clerks,  appointment  and  salaries.  §  494 
The  commission  may  appoint  a  secretary  at  a  salar.v  oi 
not  more  than  ?2,500  per  annum,  and  not  more  than  tiiret 
clerks,  two  of  whom  shall  receive  an  annual  salary  no' 
exceeding  $1,000  each,  and  one  of  whom  shall  be  ai 
expert  stenographer  and  receive  an  annual  salary  nol 
exceeding  $1,200.  It  may  appoint  such  experts  as  maj 
be  necessary  to  perform  any  service  it  may  require  oi 
them,  and  fix  their  compensation.     (98  v.  343  Par  1.) 

Duties  of  secretary.  §  495.  The  secretary  shall  ak« 
and  subscribe  to  an  oath  similar  to  that  of  the  ( om 
missioners,  keep  full  and  correct  records  of  all  trarsac 
tions  and  proceedings  of  the  commission,  and  perlorn 
such  other  duties  as  may  be  required  by  the  commisi  ion 
Any  person  ineligible  to  the  office  of  commissioner  shal 
be  ineligible  to  the  office  of  secretary,  and  the  secretarj 
shall  be  subject  to  the  same  restrictions  as  a  com  mis 
sioner  in  regard  to  holding  any  other  office  or  pos  tioi 
of  profit,  pursuing  any  other  business  or  vocation  oi 
serving  on  or  under  a  committee  of  a  political 
(98    V.    344    Par    1.) 

Right  of  inspectors.  §  496.  The  commission  may  ' 
point  inspectors  who,  in  the  discharge  of  their  duties 
rnay  inspect  freight  in  the  cars  or  warehouses  of  ti  ans 
portation  companies,  waybills,  bills  of  lading  and  hip 
ping  receipts  of  such  transportation  companies, 
compensation    of   such    inspectors    shall    be    fixed    bjj 


on     oi 
ay 'fll 


i 

maj 


commission.      (98   v.   343   Par  1.) 

Rules  and  regulations.  §  497.  The  commission  mS 
adopt  and  publish  rules  to  govern  its  proceedings,  ar  1  ti 
regulate  the  mode  and  manner  of  investigations  am 
hearings  of  railroads  and  other  parties  before  it.  Al 
hearings  shall  be  open  to  the  public.     (98  v.  344  Pa  .  1. 

Office  furniture  and  supplies.  S  498.  The  commi  sioi 
shall  keep  its  office  at  the  seat  of  government,  but  ma; 
hold  sessions  at  any  other  place  if  the  convenienc  e  o 
the  parties  so  requires.  It  shall  be  furnished  bj  th 
State  with  a  suitable  room  or  rooms,  necessary  ilfic 
furniture,  supplies,  stationery,  books,  periodicals  ani 
maps.     (98  v.   344  Par  O.) 

Expenses.  %  499.  The  commissioners,  secretary,  c  erks 
and  such  experts  as  may  be  employed,  shall  be  en  itle 
to  receive  from  the  State  their  actual  necessary  exp  'nse 
while  traveling  on  the  business  of  the  commission.  Sue 
expenses  shall  be  sworn  to  by  the  person  who  inc  irre 
them  and  approved  by  the  chairman  of  the  commi  ;sioi 
All  necessary  expenses  of  the  commission  shall  be  ai  dite 
and  paid  as  other  State  expenses.     (98  v.  344  Par.     .) 

.May  confer  icith  railroad  commissioners  of  other  itate.' 
§  500.  The  commission  may  confer  on  any  matters  re  atln 
to  railroads  by  correspondence  or  by  attending  coi 
ventions,  or  otherwise,  with  the  railroad  commiss  onei 
of  other  States,  and  with  the  Interstate  Commerce  Con 
mission.      (98   v.   344   Par  1.) 

Railroad  defined.  §  501,  amended.  See  §  1  of  th<  Pin 
lie  Service  Commission  Act  of  1911,  below,  followini;  cod 
S  614.     (Page  1066.) 

Application  of  Act.  §  502,  amended.  See  S  1  of  the  Pu 
lie  Service  Commission  Act  of  1911,  below,  followinj;  coc 
S  614.     (Page  1066.) 

7'o  what  this  chapter  shall  not  apply.    S  503.    This 
ter   shall    not   apply   to   street    and    electric   railroail^ 
gaged    solely   in   the   transportation   of   passengers   » 
the  limits  of  cities,  or  other   private  railroads  not  li' 
business  as  common  carriers.     (98  v.  345  Par  2.) 


Public  Service  Laws 


1059 


Railroad  required  to  furnish  adequate  service  and  facili- 
ties. §  504.  Each  railroad  shall  furnish  reasonably  adequate 
service  and  facilities.  The  charges  made  for  any  service 
rendered  or  to  be  rendered  in  the  transportation  of 
passengers  or  property,  or  for  any  service  in  connection 
tlierewith,  which  such  railroad  has  established  and  which 
are  in  force  at  such  time  between  all  points  in  this  State 
upon  its  line,  or  any  line  controlled  or  operated  by  it. 
(98   V.   345   Par.   4.) 

Railroad  required  to  file  schedules  with  commission. 
%  505.  Each  railroad  shall  print  in  plain  type  and  file 
with  the  commission,  within  a  time  fixed  by  the  com- 
mission, schedules  which  shall  be  open  to  public  inspec- 
tion, showing  all  rates,  fares  and  charges  for  transpor- 
tation of  passengers  and  property,  and  any  service  In 
connection  therewith,  which  such  railroad  has  established 
and  which  are  in  force  at  such  time  between  all  points 
in  this  State  upon  its  line,  or  any  line  controlled  or 
operated  by  it.     (98  v.  345  Par.  4.) 

Whfit  schedules  shall  contain  and  where  -posted.  I  506. 
The  schedules  shall  plainly  state  the  places  upon  the  line 
of  such  railroad  or  upon  any  line  controlled  or  operated 
by  it  in  this  State  between  which  passengers  and  prop- 
erty will  be  carried,  and  there  shall  be  filed  with  such 
■  schedule  the  classification  of  freight  in  force.  As  a  part 
of  such  schedules,  each  railroad  shall  publish  the  rules 
and  regulations  affecting  the  rates  charged  or  to  be 
charged  for  transportation  of  passengers  or  property; 
also  its  charges  for  delay  in  loading  or  unloading  cars, 
for  track  and  car  service,  rental,  demurrage,  switching, 
terminal  or  transfer  service,  or  for  any  other  service  in 
connection  with  transportation  of  i)ersons  or  property. 
Two  copies  of  such  schedules,  in  such  form  and  place 
as  to  be  accessible  for  inspection  by  the  public,  shall  be 
filed  and  kept  on  file  in  every  depot,  station  and  office 
of  such  railroad  where  passengers  or  freight  are  received 
for  transixjrtation.     (98  v.  345  Par.  4.) 

Schedules  of  joint  rates.  §507.  When  passengers  or 
property  are  transported  over  connecting  lines  in  this 
State  operated  by  two  or  more  railroads,  and  such  rail- 
roads establish  joint  rates,  fares  and  charges,  a  schedule 
thereof,  complied  as  provided  in  the  'next  preceding  sec- 
tion, shall  be  printed,  filed  with  the  commission  and  filed 
in  every  depot,  station  and  office  of  such  railroads  where 
passengers  or  property  are  received  for  transportation. 
(98   V.   345    Par.   4.) 

Changes  in  schedules.  §  508.  No  change  thereafter 
I  shall  be  made  in  any  schedule,  including  schedule  of 
i  joint  rates,  or  in  any  classification,  except  ujion  10  days' 
notice  to  the  commission.  All  such  changes  shall  be 
plainly  indicated  upon  existing  schedules,  or  by  filing  new 
schedules  10  days  prior  to  the  time  they  are  to  take 
effect,  but  the  commission,  upon  application  of  any  rail- 
road, may  prescribe  a  less  time  within  which  a  reduc- 
tion may  be  made.  Copies  of  all  new  schedules  shall  be 
filed  as  provided  in  the  preceding  section  in  every  depot, 
station  and  office  of  such  railroad  10  days  prior  to  the 
time  they  are  to  take  effect,  unless  the  commission  shall 
prescribe  a  less  time.     (98  v.  346  Par  4.) 

Posting  changes  in  schedules.  S  509.  When  a  change  is 
made  in  an  existing  schedule,  including  schedules  of  joint 
rates,  the  railroad  shall  post  a  notice  in  a  conspicuous 
place  in  every  depot,  station  and  office,  stating  that 
changes  have  been  made  in  the  schedules  on  file,  speci- 
fying the  class  or  commodity  affected  and  the  date  when 
such  changes  will  take  effect.     (98  v.  346  Par.  4.) 

Charges  shall  conform  to  schedule.  §510.  No  railroad 
shall  charge,  demand,  collect  or  receive  a  greater  or  less 
compensation  for  the  transportation  of  passengers  or 
property,  or  for  any  service  in  connection  therewith, 
than  is  specified  in  such  printed  schedules,  including 
i  schedules  of  joint  rates,  as  being  then  in  force.  The 
rates,  fares  and  charges  named  therein  shall  be  the  law- 
ful rates,  fares  and  charges  until  they  are  changed  as 
provided  in  this  chapter.     (98  v.  346  Par.  4.) 

Commission  shall  prescribe  forms.  §  511.  The  commis- 
sion shall  prescribe  such  changes  in  the  form  in  which 
schedules  are  issued  by  railroad  as  may  be  found  expedi- 
ent. Such  schedules,  as  far  as  practicable,  shall  conform 
to  the  forms  prescribed  by  the  Interstate  Commerce  Com- 
mission.  (98  V.  Par.  4.) 

Rates  shall  be  just  and  reasonable.     §  512.     When  pas- 


sengers or  property  are  transported  over  two  or  more 
connecting  lines  of  railroad  between  points  in  this  State, 
and  the  railroad  companies  have  made  joint  rates  for  the 
transportation  of  such  passengers  or  property,  such  rates 
and  all  charges  in  connection  therewith  shall  be  just  and 
reasonable,  and  every  unjust  and  unreasonable  charge  is 
prohibited  and  declared  to  be  unlawful;  but  a  less  charge 
by  each  of  such  railroads  for  its  proportion  of  such 
joint  rates  than  is  made  locally  between  the  same  points 
on  their  respective  lines  shall  not  for  that  reason  be 
construed  as  a  violation  of  the  provisions  of  this  chapter, 
nor  render  such  railroads  liable  to  any  of  the  penalties 
thereof.     (98  v.  346  Par.  5.) 

Special  contract  rates.  §  513.  Nothing  in  this  chapter 
shall  prevent  concentration,  commodity,  transit  and  other 
special  contract  rates,  but  all  such  rates  shall  be  subject 
to  the  provisions  of  this  chapter  as  to  their  printing  and 
filing,  shall  be  open  to  all  shippers  for  a  like  kind  of 
traffic  under  similar  circumstances  and  conditions,  and 
shall  be  under  the  supervision  and  regulation  of  the  com- 
mission.     (98   v.   346   Par.  6.) 

Classification  of  freight  shall  be  uniform.  §  514.  The 
classification  of  freight  in  the  State  shall  be  uniform  on 
all   railroads.     (98   v.   347,   Par.  7.) 

Transportation  at  reduced  rates,  ichen  lawful.  §  515. 
Nothing  in  this  chapter  shall  prevent  the  carriage,  stor- 
age or  handling  of  freight  free  or  at  reduced  rates,  for 
the  United  States,  the  State,  any  political  subdivision  or 
municipality  thereof,  for  charitable  purposes,  to  and 
from  fairs  and  expositions  for  exhibition  thereat,  or 
household  goods  the  property  of  railway  employes;  or 
the  issuance  of  mileage,  commutation  or  excursion  pas- 
senger tickets,  if  obtainable  by  any  person  applying 
therefor  without  discrimination,  or  of  party  tickets,  if 
obtainable  by  all  persons  applying  therefor  under  like 
circumstances  and  conditions.     (99  v.  128  Far.  8.) 

When  free  ticket,  pass,  etc.,  may  be  issued.  §  516.  [As 
amended  by  Act  approved  April  29,  1911.]  No  railroad 
company,  owning  or  operating  a  railroad  wholly  or  partly 
within  this  State,  shall,  directly  or  indirectly,  issue  or 
give  a  free  ticket,  free  pass,  or  free  transportation  for 
passengers,  except  to  its  employes  and  their  families,  its 
officers,  agents,  surgeons,  physicians,  and  attorneys  at 
law;  to  ministers  of  religion,  traveling  secretaries  of  rail- 
road young  men's  christian  associations,  inmates  of 
hospitals  and  charitable  and  eleemosynary  institutions, 
and  persons  exclusively  engaged  in  charitable  and  elee- 
mosynary work;  to  indigent,  destitute  and  homeless  per- 
sons, and  to  such  persons  when  transported  by  charitable 
societies  or  hospitals,  and  the  necessary  agents  employed 
in  such  transportation;  to  inmates  of  the  national  homes 
or  State  homes  for  disabled  volunteer  soldiers,  and 
soldiers'  and  sailors'  homes,  including  those  about  to 
enter  and  those  returning  home  after  discharge,  and 
boards  of  managers  of  such  homes;  to  necessary  care- 
takers of  live  stock,  poultry  and  fruit;  to  employes  on 
sleeping  cars,  express  cars,  and  to  linemen  of  telegraph 
and  telephone  companies;  to  railway  mail  service  em- 
))loyes,  postoffice  inspectors,  custom  inspectors  and  iraml- 
eration  inspectors;  to  newsboys  on  trains,  baggage 
agents,  witnesses  attending  any  legal  investigation  in 
which  the  railroad  is  interested,  persons  injured  in 
wrecks  and  physicians  and  nurses  attending  such  per- 
sons; provided,  that  the  term  "employes"  as  used  in  this 
paragraph  shall  include  furloughed,  pensioned,  and  super- 
annuated employes,  persons  who  have  become  disabled 
or  infirm  in  the  service  of  any  such  common  carrier,  and 
the  remains  of  a  iierson  killed  in  the  employment  of  a 
carrier  and  ex-employes  traveling  for  the  purpose  of 
entering  the  service  of  any  such  common  carrier;  and 
the  term  "families"  as  used  in  this  paragraph  shall  in- 
clude the  families  of  those  persons  named  in  this  proviso 
and  also  the  widows  and  dependent  children  of  employes 
who  died  while  in  the  service  of  any  common  carrier. 

Passes  may  he  interchanged.  §  517.  The  next  preceding 
section  shall  not  be  construed  to  prohibit  the  interchange 
of  passes  for  the  officers,  agents,  and  employes  and  their 
families;  nor  to  prohibit  any  railroad  company  from 
carrying  passengers  free  in  order  to  provide  relief  in 
cases  of  general  epidemics,  i)estilence,  or  other  calamitous 
visitation.     (99  v.  128  Par.  8.) 

Penalty.     §  518.     Any  railroad  company  violating  a  pro- 


1060 


National  Association  of  Railway  Commissioners 


vision  of  the  preceding  three  sections,  for  each  offense, 
shall  be  fined  not  less  than  $50  nor  more  than  $500,  and 
any  person  other  than  the  persons  excepted  in  such 
sections,  who  uses  such  free  ticket,  free  pass,  or  free 
transportation,  shall  be  subject  to  a  like  penalty.  (99  v. 
128  Par.  8.) 

Depots,  switches  and  sidetracks.  §  519.  Each  railroad 
shall  provide  and  maintain  adequate  depots  and  depot 
buildings  at  its  regular  stations  for  the  accommodation 
of  passengers,  and  such  depot  buildings  shall  be  kept 
clean,  well  lighted  and  warmed,  for  the  comfort  and  ac- 
commodation of  the  traveling  public.  Each  railroad  shall 
provide  and  maintain  adequate  and  suitable  freight 
depots,  buildings,  switches  and  sidetracks  for  receiving, 
handling  and  delivering  freight,  transported  or  to  be 
transported  by  such  railroad;  but  this  section  shall  not 
be  construed  as  repealing  any  existing  law  on  the  sub- 
ject.    (98  V.  347  Par.  9.) 

Supply  of  cars.  §  520.  If  within  its  power  so  to  do, 
and  upon  reasonable  notice,  each  railroad  shall  furnish 
suitable  cars  for  all  persons  who  may  apply  therefor, 
for  the  transportation  of  any  and  all  kinds  of  freight  in 
carload  lots.  In  case  of  insufficiency  of  cars  at  any  time 
to  meet  all  requirements,  such  cars  as  are  available  shall 
be  distributed  among  the  applicants  therefor  in  propor- 
tion to  their  respective  immediate  requirements,  without 
discrimination  between  shippers  or  competitive  or  non- 
competitive places;  but  preference  may  be  given  to  ship- 
ment of  live  stock  and  perishable  property.  (98  v.  347 
Par.   10.) 

Commission  shall  enforce  regulations  as  to  cars.  §  521. 
The  commission  may  enforce  reasonable  regulations  for 
furnishing  cars  to  shippers,  switching,  loading  and  un- 
loading them,  and  the  weighing  of  cars  and  freight  offered 
for  shipment  over  any  line  of  railroad.  (98  v.  348  Par. 
10.) 

Interchange  of  traffic.  §  522.  Steam  railroad  companies 
as  between  themselves,  and  interurban  and  electric  rail- 
roads as  between  themselves,  shall  afford  reasonable  and 
proper  facilities  for  interchange  of  traffic  between  their 
respective  lines,  for  forwarding  and  delivering  passengers 
and  property,  and  shall  transfer  and  deliver  without  un- 
reasonable delay  or  discrimination  cars,  loaded  or  empty, 
freight  or  passengers,  destined  to  a  point  on  its  own  or 
connecting  lines;  but  precedence  over  other  freight  may 
be  given  to  live  stock  and  perishable  freight.  (98  v. 
348  Par.  11.) 

Control  over  private  tracks.  §  523.  The  commission 
shall  have  the  same  control  over  private  tracks,  so  far 
as  such  tracks  are  used  by  common  carriers  in  connec- 
tion with  a  railroad  for  the  transportation  of  freight,  as 
it  has  over  the  tracks  of  such  railroad.  (98  v.  348  Par. 
11.) 

Complaints  and  hearings.  §  524.  Upon  complaint  of  a 
person,  firm,  corporation  or  association,  or  of  a  mercantile, 
agricultural  or  manufacturing  society,  or  oi  a  body  politic 
or  municipal  organization,  that  any  of  the  rates,  fares, 
charges  or  classifications,  or  any  joint  rate  or  rates  are 
in  any  respect  unreasonable  or  unjustly  discriminatory, 
or  that  any  regulation  or  praotice,  affecting  the  trans- 
portation of  persons  or  property,  or  any  service  in  con- 
nection therewith,  are  in  any  respect  unreasonable  or  un- 
justly discriminatory,  or  that  any  service  is  inadequate, 
the  commission  may  notify  the  railroad  complained  of 
that  complaint  has  been  made,  and  10  days  after  such 
notice  proceed  to  investigate  such  charges  as  provided 
in  this  chapter.  Before  proceeding  to  make  such  investi- 
gation, the  commission  shall  give  the  railroad  and  the 
complainants  10  days'  notice  of  the  time  and  place  such 
matters  will  be  considered  and  determined,  and  such 
parties  shall  be  entitled  to  be  heard  and  to  have  process 
to  enforce  the  attendance  of  witnesses.  (98  v.  348  Par. 
12.) 

Railroad  may  be  complainant.  §  525.  The  next  preced- 
ing section  shall  be  construed  to  permit  a  railroad  to 
make  complaint  with  like  effect  as  though  made  by  any 
person,  firm,  corporation  or  association,  mercantile,  agri- 
cultural or  manufacturing  society,  body  politic  or  mu- 
nicipal organization.     (98  v.  349  Par.  12.) 

May  separate  complaint.  S  526.  When  complaint  is 
made  of  more  than  one  rate  or  charge,  the  commission 
"Uay  order  separate  hearings  thereon,  and  may  consider 


and  determine  the  matters  complained  of  separately,  and 
at  such  times  as  it  may  prescribe.  No  complaint  shall, 
necessarily  be  dismissed  because  of  the  absence  of  direct 
damage  to  the  complainant.     (98  v.  349  Par.  12.) 

Commission  may  change  unreasonable  rate.  §  527.  Upon 
an  investigation,  if  the  rate  or  rates,  or  any  regulation, 
practice  or  service  complained  of  is  found  to  be  un- 
reasonable or  unjustly  discriminatory,  or  the  service 
inadequate,  the  commission  may  fix  and  order  substituted 
therefor,  such  rate  or  rates,  fares,  charges  or  classifica- 
tion as  it  shall  have  determined  to  be  just  and  reason- 
able, which  shall  be  charged,  imposed  and  followed  in 
the  future.  It  also  may  make  such  orders  respecting 
such  regulation,  practice  or  service  as  it  shall  have  deter- 
mined to  be  reasonable,  which  shall  be  observed  and 
followed  in  the  future.  It  also  may  make  such  orders 
respecting  such  regulation,  practice  or  service  as  it 
shall  have  determined  to  be  reasonable,  which  shall  ue 
observed  and  followed  in  the  future,  but  no  rates  fixed 
shall  exceed  the  maximum  rates  prescribed  by  any 
statute  .of  this  State  in  force  at  the  time  the  commission 
fixes  such  rate.     (98  v.  348  Par.  12.) 

Commission  may  investigate  on  its  own  motion.  §  5::8. 
If  the  commission  believes  that  any  rate  or  rates,  or 
charge  or  charges,  may  be  unreasonable  or  unjustly  d.s- 
criminatory,  and  that  an  investigation  relating  thereto 
should  be  made,  it  may  investigate  them  upon  its  ov  n 
motion.  Before  such  investigation  it  shall  present  to  tie 
railroad  a  statement  in  writing  setting  forth  the  rate  Dr 
charge  to  be  investigated.  Thereafter,  on  10  days'  notice- 
to  the  railroad  of  the  time  and  place  of  such  investiga- 
tion, the  commission  may  proceed  to  investigate  su  'h 
rate  or  charge  in  the  same  manner  and  make  like  orders 
in  respect  thereto,  as  if  such  investigation  had  been  ma| 
upon  complaint.     (98  v.  349  Par.  12.)  i 

Record  of  certain  investigations.     §  529.    A  full  reed 
shall  be  kept  of  the  proceedings  before   the   commissi^ 
on  such  investigations.     All  testimony  shall  be  taken    a 
the   stenographer  appointed   by  the   commission.     (98^  T 
350   Par.   13.) 

Power   of   commissioners    to    administer   oaths. 
Each  of  the  commissioners,  for  the  purposes   mentioij 
in  this  chapter,  may  administer  oaths,  certify  to  offio 
acts,    issue    subpoenas,    compel    the    attendance    of 
nesses,    and    the    production   of    papers,    waybills,    boo 
accounts,  documents  and  testimony.     (98  v.  349   Par. 

Witnesses  may  be  compelled  to  testify.    §  531.     If  a 
son   disobeys   an   order  of  the   commission   or  a   comu 
sioner,  or  a  subpoena,  or  if  a  witness  refuses   to  test 
to   any   matter   regarding  which   he   may   be   lawfully 
terrogated,   on   application   of  a   commissioner,   the   Coi  i 
of   Common  Pleas   of  a  county   or   a  judge   thereof   sh  i 
compel    obedience    by    attachment    proceedings    for    « i 
tempt,  as  in  the  case  of  disobedience  of  the  requiremei  ( 
of  a  subpoena  issued   from  such   court,  or  a  refusal , 
testify    therein.      The    commission    also    shall    have    ^ij 
powers  vested  in  justices  of  the  peace  or  notaries  putt  J 
to  compel  witnesses  to  testify  and  to  produce  books  ^rj 
papers.   (98  v.  349   Par.  13.) 

Witness  fees  and  mileage.  §  532.  Each  witness  who  ig 
Ijears  before  the  commission  by  its  order  shall  recelv 
for  his  attendance  the  fees  and  mileage  provided  :or 
witnesses  in  civil  cases  in  courts  of  record,  which  sh  ilt 
be  audited  and  paid  by  the  State  as  other  expenses  i  re 
audited  and  paid,  upon  the  presentation  of  proper  vou  h- 
ers  sworn  to  by  such  witnesses  and  approved  by  the 
chairman  of  the  commission.  No  witness  subpoenaed  at 
the  instance  of  parties  other  than  the  commission  shall 
be  entitled  to  compensation  from  the  State  for  attend- 
ance or  travel,  unless  the  commission  certify  that  lis 
testimony  was  material  to  the  matter  investigated.  98 
V.    349   Par.    13.) 

Depositions  may  be  taken.  §533.  In  an  investigation, 
the  commission  or  any  party  may  cause  the  depositions 
of  witnesses  residing  within  or  without  the  State  to  be 
taken  in  the  manner  prescribed  by  law  for  depositions 
in  civil  actions  in  the  court  of  common  please.  (98  v. 
349   Par.  13.) 

Transcribed  copy,  certified  by  stenographer,  is  eiudciice. 
§  534.  A  transcribed  copy  of  the  evidence  and  proceedings 
on  an  investigation,  or  a  specific  part  thereof,  taken  by 


Public  Service  Laws 


1061 


a  stenographer  appointed  by  the  commission,  certified 
by  such  stenographer  to  be  a  true  and  correct  transcript 
thereof,  carefully  compared  by  him  with  his  original 
notes,  shall  be  received  in  evidence  as  if  such  reporter 
was  present  and  testified  to  the  facts  as  certified.  A 
copy  of  such  transcript  shall  be  furnished  on  demand, 
free  of  cost,  to  a  party  to  an  investigation,  and  to  all 
other  perse  ns,  on  payment  of  a  reasonable  amount  there- 
for.     (98  V.   350   Par.   13.) 

Commission  maji  charge  rate  or  service.  §  535.  If,  upon 
an  investigation  under  the  provisions  of  this  chapter, 
the  commission  finds  that  any  existing  rate  or  rates, 
fares,  charges  or  classification,  any  joint  rate  or  rates, 
or  any  regulation  or  practice  affecting  the  transportation 
of  persons  or  prci)erty,  or  service  in  connection  there- 
with, are  unreasonable  or  unjustly  discriminatory,  or 
that  any  service  is  inadequate,  it  shall  determine  and 
by  order  fix  a  reasonable  rate,  fare,  charge,  classification, 
joint  rate,  regulation,  practice  or  service  to  be  imposed, 
observed  and  followed  in  the  future  in  place  of  that  so 
found  to  be  unreasonable,  unjustly  discriminatory  or  in- 
adequate, as  the  case  may  be.  A  certified  copy  of  each 
such  order  shall  be  delivered  to  an  officer  or  station 
agent  of  the  railroad  affected  thereby,  and  such  order 
shall  of  its  own  force  take  effect  and  become  operative 
:;o  days  after  service  thereof.     (99  v.   129  Par.   14.) 

Railroads  shall  correct  schedules.  §  536.  All  railroads 
to  which  the  order  applies  shall  make  such  changes  in 
their  schedules  on  file  as  are  necessary  to  conform  to 
such  order,  and  no  change  shall  thereafter  be  made  by 
any  railroad  in  any  such  rates,  fares  or  charges,  or  in 
any  joint  rate  or  rates,  without  the  approval  of  the  com- 
mission.    (99  v.  129  Par.  14.) 

Copies  of  orders  to  be  supplied  railroad.  §  537.  Certi- 
fied copies  of  all  other  orders  of  the  commission  shall 
be  delivered  to  an  officer  or  station  agent  of  each  rail- 
road affected  thereby,  and  shall  take  effect  within  such 
time    thereafter    as    the    commission    prescribes.      (99    v. 

129  Par.   14.) 

Commission  may  rescind  or  amend  an  order.  §  538. 
Upon  application  of  any  person  or  any  railroad  and, 
after  notice  to  the  parties  in  interest  and  opportunity 
to  be  heard,  as  provided  in  this  chapter  for  other  hear- 
ings, has  been  given,  the  commission  may  rescind,  alter 
or  amend  an  order  fixing  any  rate  or  rates,  fares,  charges 
or  classification,  or  any  other  order  made  by  the  com- 
mission. Certified  copies  of  such  orders  shall  be  served 
and   take   effect   as   provided   for  original   orders.      (99   v. 

130  Par.   14.) 

Commission  may  apportion  joint  rate  or  charge.  §  539. 
Whenever  a  joint  rate  or  charge  is  ordered  substituted 
by  the  commission,  and  the  railroads  party  thereto  fail 
to  agree,  within  20  days  after  the  service  of  such  order, 
upon  the  apportionment  thereof,  the  commission  may, 
after  a  hearing,  issue  a  supplemental  order  declaring 
the  apportionment  of  such  joint  rate  or  charge,  which 
shall  take  effect  of  its  own  force  as  part  of  the  original 
order.     (99   v.   130   Par.   14.) 

When  commission  may  fix  joint  rate.  §  540.  Whenever 
railroads  refuse  or  neglect  to  establish  a  joint  rate  or 
rates  for  the  transportation  of  persons  or  property,  the 
commission  may.  upon  notice  to  the  railroads  and  after 
opportunity  to  be  heard,  fix  and  establish  such  joint 
rate  or  rates.  If  the  railroads  party  thereto  fail  to  agree 
upon  the  apportionment  thereof  within  20  days  after 
service  of  such  order,  the  commission  may,  upon  a  like 
hearing,  issue  a  supplemental  order  declaring  the  appor- 
tionment of  such  joint  rate  or  rates  which  shall  take 
effect  of  its  own  force  as  part  of  the  original  order. 
(99  V.  130  Par.  14.) 

Rates,  fares,  etc.,  fixed  by  commission,  prima  facie  law- 
ful. §  541.  All  rates,  fares,  charges,  classifications  and 
joint  rates  fixed  by  the  commission  shall  be  in  force 
and  be  prima  facie  lawful  for  one  year  from  the  day 
they  take  effect,  or  until  changed  or  modified  by  the 
commission,  or  by  an  order  of  a  competent  court  in  an 
action  under  the  provisions  of  this  chapter.  (98  v.  351 
Par.   15.) 

Regulations,  practices,  etc.,  prescribed  by  commission 
prima  facie  reasonable.  §  542.  All  regulations,  practices 
and   service   prescribed   by   the   commission    shall    be   in 


force  and  be  prima  facie  reasonable,  unless  suspended 
or  found  otherwise  in  an  action  brought  for.  that  purpose 
pursuant  to  the  provisions  of  this  chapter,  or  until 
changed  or  modified  by  the  commission.  (98  v.  351 
Par.   15.) 

Action  to  vacate  finding  of  commission.  §  543.  A  rail- 
road or  other  party  in  interest,  dissatisfied  with  an  or- 
der of  the  commission  fixing  any  rate  or  rates,  fares, 
charges,  classifications,  joint  rate  or  rates,  or  fixing  any 
regulations,  practices  or  services,  may  commence  an  ac- 
tion in  a  court  of  common  pleas,  within  GO  days  after  such 
order  is  given,  against  the  commission  as  defendant,  to 
vacate  and  set  aside  such  order  on  the  ground  that  the 
rate  or  rates,  fares,  charges,  classifications,  joint  rate  or 
rates,  fixed  in  such  order,  are  unlawful  or  unreasonable, 
or  that  a  regulation,  practice  or  service  fixed  in  su3h  or- 
der is  unreasonable,  in  which  action  the  adverse  parties 
shall  be  served  with  summons.     (98  v.  351  Par.  16.) 

Commission  shall  flic  transcript  of  proceedings  and  tes- 
timony;  answer.  §  544.  Upon  being  served  with  summons 
and  before  the  action  prescribed  in  tlie  preceding  sec- 
tion is  reached  for  trial,  the  commission  shall  cause  a  cer- 
tified transcript  of  all  proceedings  had  and  testimonj^ 
taken  in  the  investigation  before  it  is  to  be  filed  with  the 
clerk  of  the  court  of  common  pleas  of  the  county  where 
such  action  is  pending  and  file  its  answer.  On  leave  of 
court,  any  interested  party  may  file  an  answer  to  such 
complaint  within  10  days  after  the  service  thereof,  where- 
upon the  action  shall  be  at  issue,  and  stand  ready  for 
trial"  upon  10  days'  notice  by  either  party.  (98  v.  350 
Pars.  13,  16.) 

iS'Mcft  action  shall  have  precedence.  §  545.  All  actions 
brought  under  the  last  two  preceding  sactions  shall  have 
precedence  over  a  civil  cause  of  a  different  nature  pend- 
ing in  such  court.  The  Court  of  Common  Pleas  shall  be 
open  at  all  times  for  the  trial  theraof,  ar.d  such  actions 
shall  be  tried  and  determined  as  other  civil  actions.  A 
party  to  such  action  may  introduce  original  evidence  in 
addition  to-  the  transcript  of  the  evidence  offered  by  the 
commission.     (98  v.  351  Par.  16.) 

'Neic  evidence  may  be  submitted  to  commission.  §  54G. 
If,  upon  the  trial  of  such  actions,  evidence  is  introduced 
by  the  plaintiff  which  is  found  by  the  court  to  be  differ- 
ent from  that  offered  upon  the  hearing  before  the  com- 
mission, or  additional  thereto,  unless  the  parties  thereto 
stipulate  in  writing  to  the  contrary,  the  court,  before 
rendering  judgment,  shall  transmit  a  copy  of  such  evi- 
dence to  the  commission,  and  stay  proceedings  in  the 
action  for  fifteen  days  from  the  date  of  such  transmis- 
sion.    (98  v.  351  Par.  16.) 

Action  of  commission  on  new  evidence.  S  547.  Upon  the 
receipt  of  the  evidence  the  commission  shall  consider  it, 
and  may  alter,  modify,  amend  or  rescind  its  order  relat- 
ing to  such  rate  or  rates,  fares,  charges,  classification, 
joint  rate  or  rates,  regulation,  practice  or  service;  com- 
plained of  in  the  action.  The  commission  shall  report 
its  action  thereon  to  the  court  within  10  days  from  the 
receipt  of  such  evidence.     (98  v.  351  Par.  16.) 

Effect  of  altered  order.  §  548.  If  the  commission  re- 
scinds the  order  complained  of,  the  action  shall  be  dis- 
missed; if  it  alter,  modify  or  amend  it,  such  altered,  mod- 
ified or  amended  order  shall  take  the  place  of  the  origi- 
nal order,  and  judgment  shall  be  rendered  thereon,  as 
though  made  by  the  commission  In  the  first  instance.  If 
the  original  order  is  not  rescinded  or  changed  by  the 
commission,  judgment  shall  be  rendered  on  such  origin.il 
order.     (98  v.   352   Par.   16.) 

Appeal  and  error.  S  549.  Within  60  days  after  a 
service  of  a  copy  of  the  order  or  judgment  of  the  court, 
either  party  to  such  action  may  appeal  or  take  the  case 
up  on  error  as  in  other  civil  actions.  In  case  of  an  ap- 
peal, immediately  on  the  return  of  the  papers  to  the 
higher  court,  the  cause  shall  be  placed  on  the  calendar 
of  the  then  pending  term,  and  shall  be  assigned  and 
brought  to  a  hearing  as  other  causes  on  the  calendar. 
(98  V.  352  Par.  16.) 

Burden  of  proof.  §  550.  In  actions  under  the  preced- 
ing sections  to  vacate  or  set  aside  such  order  of  the 
commission,  the  burden  of  proof  shall  be  upon  the  plain- 
tiff to  show  by  clear  and  satisfactory  evidence  that  such 
order  is  unlawful  or  unreasonable.     (98  v.  352  Par.  16.) 

No   injunction    icithout   notice.     §  551.     No    injunction 


1062 


National  Association  of  Railway  Commissioners 


shall  issue  suspending  or  staying  an  order  of  the  com- 
mission except  upon  the  application  to  the  court  of  com- 
mon pleas  or  judge  thereof,  after  notice  has  heen  given 
to  the  commission,  and  there  has  been  a  hearing  thereon. 
(98  V.  351  Par.  16.) 

Rules  of  practice.  §  552.  Except  when  otherwise  pro- 
vided by  law,  all  processes  in  actions  and  proceedings  in 
a  court  arising  under  the  provisions  of  this  chapter  shall 
be  served,  and  the  practice  and  rules  of  evidence  be  the 
same  as  in  civil  actions.  A  sheriff  or  other  officer  em- 
powered to  execute  civil  processes  shall  execute  process 
issued  under  the  provisions  of  this  chapter  and  receive 
compensation  therefor  as  prescribed  by  law  for  lilie  serv- 
ices.    (98  V.  352  Par.  17.) 

Witnesses  compelled  to  testify.  §  553.  A  person  shall 
not  be  excused  from  testifying  or  from  producing  books 
and  papers  in  a  proceeding  based  upon  or  growing  out 
of  violation  of  the  provisions  of  this  chapter,  on  the 
ground  that  the  testimony  or  evidence,  documentary  or 
otherwise,  required  of  him  may  tend  to  incriminate  him 
or  subject  him  to  a  penalty  or  forfeiture,  but  no  person 
having  so  testified  shall  be  prosecuted  or  subjected  to  a 
penalty  or  forfeiture  for,  or  on  account  of,  any  transac- 
tion, matter  or  thing  concerning  which  he  may  have  testi- 
fied or  produced  documentary  evidence.  A  person  so  tes- 
tifying shall  not  be  exempt  from  prosecution  or  punish- 
ment for  perjury.     (98  v.  352  Par.  17.) 

Certified  copy  shall  lie  evidence.  §  554.  Upon  applica- 
tion, the  commission  shall  furnish  certified  copies  under 
its  seal  or  any  order  made  by  it,  which  certified  copy  shall 
be  prima  facie  evidence  in  a  court  or  proceeding  of  the 
facts  stated  therein.     (98  v.  352  Par.  17.) 

Commission  map  inquire  into  management  of  railroads. 
§  555.  The  commission  may  inquire  into  the  management 
of  the  business  of  any  railroad,  and  shall  keep  itself  in- 
formed as  to  the  manner  and  method  in  which  it  is  con- 
ducted. It  may  obtain  from  a  railroad  the  information 
necessary  to  enable  it  to  perform  the  duties  and  carry 
out  the  objects  for  which  it  was  created.  (98  v.  353 
Par.  18.) 

Commission  shall  prepare  Hanks  for  railroad.  §  556. 
The  commission  shall  cause  blanks  to  be  prepared  suit- 
able for  the  purposes  designated  in  this  chapter  which 
shall  conform  as  nearly  as  practicable  to  the  forms  pre- 
scribed by  the  Interstate  Commerce  Commission,  and, 
when  necessary,  furnish  such  blanks  to  each  railroad. 
(98  V.  353  Par.  18.) 

Railroads  shall  file  Hanks  and  verify  answers.  |  557. 
A  railroad  receiving  blanks  from  the  commission  shall 
cause  them  to  be  properly  filled,  answering  fully  and  cor- 
rectly each  question  therein.  In  case  it  is  unable  to 
answer  any  question,  such  railroad  shall  give  a  good  and 
sufficient  reason  therefor.  Such  answers  shall  be  veri- 
fied under  oath  by  the  proper  officer  of  the  railroad  and 
return  to  the  commission  with  the  time  fixed  by  it.  The 
making  or  filing  of  a  false  affidavit  shall  be  deemed  per- 
jury and  punishable  as  such.     (98  v.  353  Par.  18.) 

Commission  may  make  examinations.  §  558.  Upon  de- 
mand, the  commission,  a  commissioner,  or  any  person  or 
persons  employed  by  it  for  that  purpose,  may  inspect  the 
books  and  pai>ers  of  a  railroad  and  examine  under  oath 
any  officer,  agent  or  employe  thereof,  in  relation  to  any 
matter  which  is  the  subject  of  complaint  and  investiga- 
tion. A  person  other  than  one  of  the  commissioners  whD 
makes  such  demand  shall  produce  his  authority  to  make 
such  inspection,  under  the  hand  of  a  commissioner,  or  of 
the  secretary,  and  under  the  seal  of  the  commission. 
(98  v.  353  Par.  18.) 

Commission  may  require  production  of  books  and  pa- 
pers. §  559.  By  order  or  subpoena,  served  on  a  railroad 
as  a  summons  is  served  in  a  civil  action  in  the  Court 
of  Common  Pleas,  the  commission  may  require  at  such 
time  and  place  within  this  State  as  it  designates  the 
production  of  books,  papers  or  accounts  relating  to  any 
matter  which  is  the  subject  of  complaint  or  investiga- 
tion, kept  by  such  railroad  in  any  office  or  place  outside 
of  this  State,  or  verified  copies  thereof,  in  order  that  an 
examination  of  such  books,  papers  or  accounts  may  be 
made  by  the  commission  or  under  its  direction.  Such 
subpoena  may  issue  to  a  sheriff  of  any  county  of  the 
State.     (98  v.  353  Par.  18.) 

Forfeiture  for  refusal  to  comply  with  subpoena.    §  560. 


I 


A  railroad  failing  or  refusing  to  comply  within  a  reason- 
able time  with  such  order  or  subpoena  from  the  commis- 
sion shall  forfeit  and  pay  into  the  State  treasury,  for 
each  day  it  so  fails  or  refuses,  not  less  than  $100  nor  more 
than  $1,000,  to  be  recovered  in  a  civil  action  in  the  name 
of  the  railroad  commission  of  Ohio.     (98  v.  353  Par.  18.) 

Commission  may  demand  copies  of  transportation  con- 
tracts. §  561.  When  required  by  the  commission  and 
within  a  time  fixed  by  it,  each  railroad  shall  deliver  to 
the  commission  for  its  use  copies  of  all  contracts  which 
relate  to  the  transportation  of  persons  or  property  or  any 
service  in  connection  therewith,  made  or  entered  into 
by  such  railroad  with  any  other  railroad,  terminal,  depot, 
car  or  equipment  company,  express  or  other  transporta- 
tion company,  bridge  company,  or  any  shipper  or  ship- 
pers, producers  or  consumers  or  other  person  or  persons 
doing  business  with  it.     (98  v.  353  p.  19.) 

Report  of  free  transportation.  §  562.  On  the  first  Mon- 
day in  February  in  each  year  and  oftener  if  required  by 
the  commission,  each  railroad  shall  file  with  the  cori- 
mission  a  verified  list  of  all  railroad  tickets,  passes  and 
mileage  books  issued  free  or  for  other  than  actual  bora 
fide  money  consideration  at  full  established  rates  during 
the  preceding  year,  together  with  tjie  names  of  the  re- 
cipients thereof,  the  amount  received  therefor  and  tie 
reason  for  issuing  them.  This  provision  shall  not  app;y 
to  the  sale  of  tickets  at  reduced  rates  open  to  the  publi;, 
or  tickets,  passes,  or  mileage  books  issued  to  persons  not 
residents  of  the  State,  or  tickets,  passes  or  mileage  boo!  s 
issued  free  pursuant  to  authority  conferred  in  this  ch^i^ 
ter.     (98  v.  354  Par.  19.)  j 

Investigation  into  violation  of  the  interstate  commet 
law.      §  563.     The   commission   shall    have   power   and,  j 
complaint,  it  i,s  hereby  made  its  duty  to  investigate  ^ 
freight  rates  on  interstate  traffic  on  railroads  in  this  Stat  !,* 
and,  if  in  its  opinion  they  are  excessive  or  discriminatoi  y  i 
or  are  levied  in  violation  of  the  interstate  commerce  la^.', 
or  in   conflict   with   the  rulings,   orders   or  regulations  of] 
the  Interstate  Commerce  Commission,  it  shall  present  tl  ej 
facts   to   the   railroad    with    the    request    to     make    suchf 
changes  as  the  commission  may  advise.     If  such  chang<  i 
are  not  made  within  a  reasonable  time,   the  commisslcnJ 
shall  apply  by  petition  to  the   Interstate  Commerce  Coii-i 
mission  for  relief.     All  freight  tariffs  issued  by  any  su<  h  j 
railroad    relating   to   interstate   traffic   in   this   State  shjl 
be    filed    in    the    office    of    the    commission    when    issui  I 
(8  v.  354  Par.  21.)  | 

Unjust  discriminations,  forfeiture.    §  564.     If  a  railro4  j 
or   an   agent   or   officer   thereof,    by   special    rate,    rebafj 
drawback,   or   by   means   of   false   billing,   false   classiflc  i- 
tion,    false    weighing,    or   other    device,    shall    charge,    d  ;- 
mand,  collect  or  receive,  either  directly  or  indirectly,  trfl 
any  person,  firm  or  corporation,  a  greater  or  less  compa 
sation  for  service  rendered  or  to  be  rendered   by  it  D 
the  transportation  of  persons  or  property  ot  any  service} 
connection    therewith,    than    that   prescribed    in    the   pU 
lished    tariffs    then    in   force,    or   established    as    provia 
herein,  or  a  greater  or  less  compensation  than  it  charw 
demands,    collects    or    receives    from    any    other    persf 
firm,    or    corporation     for   a     like     and     contemporaneaj 
service  in  the  transportation  of  a  like  kind  of  traffic,  und  j 
substantially  similar  circumstances  and  conditions,  it  smJ 
be  deemed  guilty  of  unjust  discrimination,  which  is  hereii! 
prohibited    and    declared    unlawful,    and    upon    convictlin 
thereof  shall  forfeit  and  pay  into  the  State  treasury  ni 
less    than   $100    nor    more    than    $5,000    ior   each    offensj 
(98  V.  354  Par.  22.)  " 

Penalty  against  agent  or  officer.  S  565.  Whoever,  belig 
an  agent  or  officer  of  a  railrcud,  violates  any  provision  of 
the  next  preceding  section  shall  be  fined  not  less  than  $'" 
nor  more  than  $1,000  for  each  offense.     (98  v.  355  Par.  2: ,) 

Illegal  concessions.  §  566.  No  railroad  shall  demar  d, 
charge,  collect  or  receive  from  a  person,  firm  or  corjo- 
ration  a  less  compensation  for  the  transportation  of 
property  for  service  rendered  or  to  be  rendered  by  it  in 
consideration  of  such  person,  firm  or  corporation  furnish- 
ing a  part  of  the  facilities  incident  thereto,  but  nothing 
herein  shall  prohibit  a  railroad  from  procuring  facilities 
or  service  incident  to  transportation  and  paying  a  rea- 
sonable compensation  therefor.     (98  v.  S.'^S  Par.  22.) 

Unlawful  preference.  §  567.  No  common  carrier  sub- 
ject to  the  provisions  of  this  chapter  shall  make  or  give 
undue  or  unreasonable  preference  or  advantage  to  a  par- 


Public  Service  Laws 


1063 


ticular  person,  company,  firm,  corporation  or  locality,  or 
to  any  particular  description  of  traffic,  in  any  respect 
whatsoever,  or  subject  any  particular  person,  company, 
firm,  corporation  or  locality,  or  any  particular  description 
of  traffic  to  any  undue  or  unreasonable  prejudice  or  ,lis- 
advantage  in  any  respect  whatsoever.     (98  v.  355  Par.  23.) 

Giving  rebate  or  concession.  §  568.  Whoever,  being  a- 
person,  firm  or  corporation,  knowingly  accepts  or  receives 
a  rebate,  concession  or  discrimination  in  respect  to  trans- 
portation of  property  wholly  within  this  State  or  for 
service  in  connection  therewith,  whereby  such  property 
by  false  billing,  false  classification  false  weighing  or 
other  device,  is  transported  at  a  less  rate  than  that  named 
in  the  published  tariffs  in  force,  or  whereby  any  service 
or  advantage  is  received  other  than  that  therein  speci- 
fied, shall  be  fined  not  less  than  $50  nor  more  than  $1,()0(). 
(98  v.  355  Par.  24.) 

Pxmitive  damages.  §  569.  If  a  railroad  does,  causes  or 
permits  to  be  done  any  matter,  act  or  thing  in  this  chap- 
ter prohibited  or  declared  to  be  unlawful,  or  omits  to  do 
an  act,  matter  of  thing  required  to  be  done  by  this  chap- 
ter, such  railroad  shall  be  liable  to  the  person,  firm  or 
corporation  injured  thereby  in  treble  the  amount  of  dam- 
ages sustained  in  consequence  of  such  violation.  A  re- 
covery j)rovided  by  this  section  shall  not  affect  a  recov- 
ery by  the  State  of  the  penaltv  prescribed  for  such'  vio- 
lation.    (98  v.  355  Par.  25.) 

Penalty  for  refusal  to  fill  hlanks.  §570.  Whoever,  being 
an  Officer,  agent  or  employe  of  a  railroad  company,  wil- 
fully fails  or  refuses  to  fill  out  and  return  a  blank  required 
by  the  commission,  or  by  law,  or  wilfully  fails  or  refuses 
to  answer  a  question  therein  propounded,  or  knowingly 
gives  false  answer  to  such  question  or  evades  the  answer 
to  it,  if  the  fact  inquired  of  is  within  his  knowledge,  or, 
upon  proper  demand,  wilfully  fails  or  refuses  to  exhibit 
a  book,  paper  or  account  of  such  railroad,  which  is  in  his 
possession  or  under  his  control,  to  a  member  of  the  rail- 
road commission  or  other  person  authorized  to  examine 
it,  shall  be  fined  not  less  than  $100  nor  more  than  $1,000, 
and  a  penalty  of  not  less  than  $500  nor  more  than  $1,000 
shall  be  recovered  from  the  railroad  .for  each  such  offense 
when  such  officer,  agent  or  employe  acted  in  obedience  to 
the  direction,  instruction  or  request  of  such  railroad  or 
a  general  officer  thereof.     (98  v.  356  Par.  26.) 

Forfeiture  for  failure  or  neglect  to  comply  iiith  this 
<hai)ter.  §  571.  If  a  railroad  fails  or  refuses  to  perform  a 
duty  enjoined  upon  it  by  the  provisions  of  this  chapter  or 
does  any  act  prohibited  by  such  itrovisions,  for  which  no 
penalty  has  been  ])rovided  by  law,  or  fails,  neglects  or 
refuses  to  obey  a  lawful  requirement  or  order  made  by 
the  commission,  or  order  of  any  court  upon  its  applica- 
tion, for  each  violation,  failure,  or  refusal,  such  railro.ad 
shall  forfeit  and  pay  into  the  State  treasury  not  less  than 
$100  nor  more  than  $10,000.  In  construing  and  endorsing 
the  provisions  of  this  section,  the  act,  omission  or  fail- 
ure of  any  officer,  agent  or  other  person  acting  for  or  em- 
ployed by  a  railroad,  while  acting  within  the' scope  of  his 
employment,  shall  be  the  act,  omission  or  failure  of  the 
railroad.     (98  v.   356  Par    27.) 

Power  of  commission  to  regulate  in  cases  not  desig- 
nated. §  572.  If,  after  hearing  an  investigation  as  pro- 
vided by  this  chapter,  the  commission  finds  any  charge, 
regulation  or  practice  affecting  the  transportation  of  pas- 
sengers or  property,  or  any  service  in  connection  there- 
with, not  hereinbefore  specifically  designated,  unreason- 
able or  unjustly  discriminatory,  it  may  regulate  it  as 
herein  provided  in  such  cases.     (98  v.  356  Par.  28.) 

IJuty  of  railroad  to  report  certain  accidents.  %  573. 
Whenever  an  accident  attended  with  loss  of  human  life 
occurs  within  this  State  upon  the  line  of  any  railroad  or 
on  the  depot  grounds  or  yards  thereof,  such  railroad  shall 
give' immediate  notice  thereof  to  the  commission.  (98  ^. 
356  Par.  29.) 

Duty  of  the  commission  to  investigate  such  accident. 
§  574.  In  case  of  such  accident,  the  commission,  if  it 
deems  the  public  interest  requires  it,  shall  cause  an  in- 
vestigation to  be  made  forthwith,  which  shall  be  held  in 
the  locality  of  the  accident,  unless,  for  greater  conven- 
ience of  those  concerned,  it  shall  order  it  held  at  some 
other  place.  Such  investigation  may  be  adjourned  from 
place  to  place  as  it  may  be  found  necessary  and  con- 
i     venient.     The  commission  shall  give  reasonable  notice  to 


an  office  or  station  agent  of  the  company  of  the  time  and 
place  of  the  investigation.     (98  v.  356  Par.  29.) 

Costs  of  investigation.  §  575.  The  cost  of  such  investi- 
gation shall  be  certified  by  the  chairman  of  the  com- 
mission, and  audited  and  paid  by  the  State  as  other  ex- 
penses. A  record  or  file  of  the  proceedings  and  evi- 
dence shall  be  kept  by  the  commission.  (98  v.  357 
Par.  29.) 

Commission  shall  inquire  into  violation  of  laws.  §  576. 
The  commission  shall  inquire  into  any  neglect  or  viola- 
tion of  the  laws  of  this  State  by  a  railroad  doing  busi- 
ness in  this  State,  by  its  officers,  agents  or  employes 
or  by  any  person  operating  a  railroad.  It  shall  enforce 
the  provisions  of  this  chapter,  as  well  as  all  other  laws 
relating  to  railroads  and  report  violations  thereof  to  the 
attorney-general.    (98  v.  357  Par.   30.) 

Counsel  for  commission.  |  577.  Upon  request  of  the 
commission,  the  attorney-general  or  the  prosecuting  at- 
torney of  the  proper  county  shall  aid  in  an  investigation, 
prosecution,  hearing  or  trial  had  under  the  provisions  of 
this  chapter,  and  shall  institute  and  prosecute  necessary 
actions  cr  proceedings  for  the  enforcement  of  such  pro- 
visions and  of  other  laws  of  this  State  relating  to  rail- 
roads and  for  the  punishment  of  all  violations  thereof. 
(98  V.  357  Par.  30.) 

Action  for  forfeiture  hy  attorney-general.  §  578.  An 
action  for  the  recovery  of  a  forfeiture  provided  for  in 
this  chapter,  when  prosecuted  by  the  attorney-general, 
may  be  brought  in  the  Court  of  Common  Pleas  of  Frank- 
lin County,  or  of  any  county  having  jurisdiction  of  the 
defendant.     (98  v.  357   Par.   30.) 

Claims  against  railroads  may  be  filed  loith  commission. 
S  579.  All  claims,  charges  or  demands  against  a  railroad 
for  loss  of,  or  damage  to,  property,  occurring  while  in 
the  custody  of  such  carrier  or  for  overcharges  upon  a 
shipment  or  for  any  other  service  in  violation  of  this 
chapter,  if  not  paid  within  120  days  from  the  date  of 
filing  thereof  with  the  railroad,  may  be  submitted  to  the 
commission  by  a  formal  complaint.  If,  upon  hearing 
thereof,  the  commission  determined  that  the  party  com- 
plaining is  entitled  to  any  reward  for  loss  and  damage 
to  property  or  overcharge  upon  shipments  or  for  any 
other  service,  it  shall  make  an  order  directing  the  car- 
rier, on  or  before  a  day  named,  to  pay  to  the  complain- 
ant the  sum  to  which  he  is  entitled.     (99  v.  130  Par.  31.) 

Proceedings  in  case  of  non-payment.  §  580.  If  the  rail- 
road does  not  comply  with  such  order  within  the  time 
prescribed,  the  complainant  or  any  one  for  whose  benefil 
such  ordor  was  made  may  file  in  any  court  of  competent 
jurisdiction  of  the  county  or  district  in  which  he  resides 
or  in  which  is  located  any  portion  of  the  line  of  railroad 
a  complaint  setting  forth  the  causes  for  which  he  claims 
damages  and  the  order  of  the  commission  in  the  prem- 
ises. Such  action  shall  then  proceed  as  in  other  civil 
actions  for  damages,  except  that  on  trial  thereof  a  copy 
of  the  findings  and  order  of  the  commission,  duly  certi- 
fied by  the  secretary  thereof,  shall  be  competent  testi- 
mony and  shall  be  prima  facie  evidence  of  the  facts 
therein  stated,  and  except  that  the  plaintiff  shall  not  be 
liable  for  any  costs  unless  they  accrue  upon  his  appeal. 
Service  in  all  cases  under  this  section  shall  be  the  same 
as  in  ether  actions  against  common  carriers.  (99  v. 
130  Par.  31.) 

Construction  to  he  placed  on  provisions  of  this  chapter. 
§  581.  A  substantial  compliance  by  the  commission  with 
the  requirements  of  this  chapter  shall  be  sufficient  to 
give  effect  to  all  its  rules,  orders,  acts  and  regulations, 
and  they  shall  not  be  declared  inoperative,  illegal  or 
void  for  an  omission  of  a  technical  nature  in  respect 
thereto.  Nothing  in  this  chapter  shall  be  construed  as 
affecting,  modifying  or  repealing  any  law,  fixing  the  rate 
which  a  company  operating  a  railroad  may  demand  and 
receive  for  the  transportation  of  passengers.  (98  v.  357 
pp.  32,  38.) 

Forfeiture  shall  be  cumulative.  S  582.  All  forfeitures 
accruing  under  this  chapter  shall  be  cumulative,  and  a 
suit  for  and  recovery  of  one  shall  not  bar  the  recovery 
of  any  other  forfeiture.     (98  v.  358  Par.  33.) 

Actions  by  mandamus,  etc.,  in  certain  eases.  §  583.  In 
addition  to  the  other  remedies  provided  In  this  chapter 


1064 


National  Association  of  Eailway  Commissioners 


for  the  prevention  and  punishment  of  violations  of  the 
provisions  thereof  and  orders  of  the  commission,  the 
commission  may  compel  compliance  with  such  provisions 
and  its  orders  by  proceedings  in  mandamus,  injunction 
or  by  other  appropriate  civil  remedies.  (98  v.  358  Par. 
34.) 

Sections  of  this  chapter  independent.  §  584.  Each  sec- 
tion of  this  chapter  and  every  part  thereof  is  hereby 
declared  to  be  an  independent  section,  and  part  of  a 
section,  and  the  holding  of  a  section  or  part  thereof  to 
be  void  or  Ineffective  for  any  cause  shall  not  be  deemed 
to  affect  any  other  section  or  part  thereof.  (98  v.  358 
Par.    37.) 

TR.VCKS   .\XD   CROSSINGS. 

Duty  of  commission  as  to  dangerous  track,  bridycs.  ct':. 
i  585.  If,  on  complaint  or  otherwise,  the  commission  has 
reasonable  grounds  to  believe  that  any  of  the  tracks, 
bridges  or  other  structures  of  a  railroad  are  in  a  con- 
dition which  renders  them  dangerous  cr  unfit  for  the 
transportation  of  passengers,  it  shall  forthwith  inspect 
and  examine  them,  and,  if  of  opinion  that  they  are  unfit 
for  the  transportation  of  passengers  with  safety,  it  shall 
immediately  give  to  the  superintendent,  or  other  execu- 
tive officer  of  the  company  operating  such  road,  notice 
of  the  condition  thereof,  and  of  the  repairs  or  recon- 
struction necessary  to  place  them  in  a  safe  condition. 
The  commission  may  prescribe  the  time  within  which 
such  repairs  or  reconstruction  must  be  made,  and  the 
rate  of  speed  for  trains  passing  over  such  dangerous  or 
defective  track,  bridge  or  other  structure,  until  the  re- 
pairs or  reconstruction  required  are  made.  If  of  opinion 
that  it  is  needful  and  proper,  it  may  forbid  the  running 
of  passenger  trains  over  such  defective  track,  bridge  or 
other  structure.      (R.   S.   §   247.) 

Penalty  for  neglect  to  repair  defective  track,  etc.  §  58G. 
Whoever,  being  the  superintendent  or  other  executive 
officer  of  a.  company  operating  a  railroad,  received  from 
the  railroad  commission  notice  of  a  prescribed  rate  of 
speed  for  trains  passing  over  a  defective  track,  bridge  or 
other  structure,  or  forbidding  the  running  of  passenger 
trains  over  such  defective  track,  bridge  or  other  struc- 
ture, neglects  for  two  days  after  receiving  such  notice 
to  direct  the  proper  subordinate  officer  to  run  the  pas- 
senger trains  over  such  defective  track,  bridge  or  other 
structure,  at  a  speed  not  greater  than  that  so  pre- 
scribed, or,  if  the  running  of  a  passenger  train  is  so  for- 
bidden, to  stop  running  passenger  trains  over  it,  or,  an 
engineer,  conductor  or  other  employe  who  knowingly 
-disobeys  such  order  shall  be  fined  not  exceeding  ?500 
or  Imprisoned  In  the  county  jail  not  exceeding  one  vear, 
or  both.     (R.  S.  §  247.) 

Forfeiture  in  case  of  non-compliance.  S  587.  It  the 
company  operating  such  road  neglects  or,  without  good 
cause,  falls  to  make  the  repairs  or  reconstruction  pre- 
scribed by  the  commission  within  the  time  limited  by 
it,  for  each  day  that  such  repairs  or  reconstruction  is 
delayed  beyond  the  time  prescribed,  such  company  shall 
forfeit  and  pay  to  the  State  the  sum  of  $100.  (R.  S. 
247.) 

Gates,  hells,  devices,  or  flagmen  at  crossing.  §  588.  If. 
In  its  opinion,  the  public  safety  requires  that  a  gate  or 
gates,  automatic  alarm  bell,  or  other  mechanical  device 
be  erected  and  maintained  at  any  place  where  a  public 
road  or  street  is  crossed  at  the  same  level  by  a  railroad, 
and  the  crossing  has  been  declared  by  the  commission 
to  be  dangerous,  or  the  public  safety  requires  that  a 
flagman  be  stationed  and  maintained  at  such  dangerous 
crossing,  the  commission  shall  give  the  superintendent, 
manager  or  other  officer  in  charge  of  such  railroad  a 
written  notice  of  what  is  required,  and  such  company, 
person  or  corporation  owning  or  operating  such  railroad 
shall  erect  such  mechanical  device  or  station  such  flag- 
man within  the  time  prescribed  by  the  commission. 
(R.  S.  §  247a.) 

Forfeiture  for  failure  to  comply  with  notice  of  com- 
mission. §  589.  Any  person,  company,  or  corporation  neg- 
lecting or  refusing  to  erect  or  maintain  such  gate  or 
gates,  automatic  alarm  bell  or  other  mechanical  device, 
or  to  maintain  such  flagman,  when  required  by  the  com- 
mission, shall  forfeit  and  pay  to  the  State,  for  every 
such    neglect   or    refusal,    $100,    and    in   addition    $10    for 


m 


each    day    such    neglect    or    refusal    continues.       (R.     S.. 
§    278a.) 

Regulations  as  to  gates,  bells  and  devices.  §  590.  All 
gates,  bells  or  devices  erected  under  the  direction  of  the 
commission  shall  be  built  within  the  time,  in  the  manner 
and  of  materials  approved  by  the  commission.  Such 
gates  shall  be  located  in  the  highway  or  street  on  one 
or  both  sides  of  the  railroad  track  or  tracks,  as  the 
commission  deems  the  public  safety  requires,  and  shall 
be  so  constructed  that,  when  closed,  they  shall  obstruct 
or  prevent  i)assage  across  such  railroad  or  railroads  from 
the  side  on  which  a  gate  is  located.  Such  bell  must  be 
so  constructed  that  it  will  ring  before  the  approach  of 
every  train  of  cars  or  locomotive  within  300  feet  or 
more  cf  such  crossing,  and  continue  to  ring  until  such 
train  or  locomotive  has  reached  the  crossing.  A  person 
shall  be  in  charge  of  such  gate  who  shall  close  it  at  the 
approach  of  each  train  or  locomotive,  and  keep  it  oi)en 
at  all  other  times.  If  an  automatic  bell  or  other  mech- 
anical device  is  required  at  such  crossing,  the  railroad 
shall  keep  such  bell  or  device  at  all  times  in  good  work- 
ing order,  and  for  every  neglect  of  duty  imposed  by  this 
section  such  railroad  shall  forfeit  and  pay  the  sum  of 
$25.      (R.   S.    §   247b.) 

Cost  of  gates,  hells,  and  devices  in  certain  cases.  §E91. 
When  two  or  more  railroads  cross  a  public  highway  or 
street  at  a  dangerous  crossing,  the  expenses  incurred  in 
the  erection  and  maintenance  of  gates,  bells  or  ot  ler 
device,  and  of  necessary  gate-keepers  or  flagmen  si  all 
be  shared  equally  by  such  railroads;  but  nothing  in  this 
chapter  shall  prevent  the  use  of  automatic  bells  or  ot  ler 
mechanical  device  by  a  railroad  at  a  public  crossing  lot 
declared  dangerous  by  the  commission.  If  a  gate  is 
erected  or  a  flagman  is  stationed  and  maintained,  bj  a 
railroad,  such  gate  or  flagman  shall  not  be  abandoned  lor 
an  automatic  bell  or  other  mechanical  device  substit^  , 
therefor.      (R.   S.   Sec.   247b.)  1  I 

M'hen  engines  or  trains  may  puss  crossings  witll  i 
stopping.  S  592.  When  two  or  more  railroads,  or  a  r  lil" 
road  and  an  electric  railroad,  erect  a  system  of  in  er- 
locking  works  or  fixtures  at  the  place  where  such  r  lil- 
roads  cross  each  other  at  a  common  grade,  or  whei  a 
railroad  erects  such  works  or  fixtures  at  a  swing  or 
draw-bridge  where  it  crosses  a  stream,  and  such  wo  ka 
or  fixtures  render  it  safe  for  engines  or  trains  to  p  iss 
over  such  crossing  or  bridge  without  stopping,  si  ch 
railroad  or  railroads  may  run  engines  or  trains  over  si  ch 
works  or  fixtures  without  stopping,  and  any  law  to  he 
contrary  shall  not  apply  in  such  case;  but  such  systen:  of 
interlocking  works  or  fixtures  shall  have  been  appro  ed 
by  the  commission,  and  a  plan  thereof  shall  have  b'  en 
prepared  by  such  railroad  or  railroads  and  filed  w  itli 
the  commission.     (92  v.  315  Par.  1.) 

Unsafe  interlocking  vorlcs  or  fixtures.     S  593.     If  in  its 
opinion  any  such  system  of  interlocking  works  or  fixtii:-<'s 
proves  to  be  unsafe  or  impracticable,  tlie  commission  i 
order  that  no  engines  or  trains  shall  pass  over  any  is 
crossin.g  or   bridge   without   stopping,   and   tlie  laws   rmii 
lating    the    running   ot    engines    and    trains    shall    ap   ly. 
Before   such   order   is   made   or   enforced   the   commist  ion 
shall    give    such    railroad    or   railroads    opportunity    to    be 
heard  as  to  the  propriety  of  the  order.     (92  v.  315  Par.  1.) 

Safety  devices   at   grade  crossings.     S  594.     When     wo 
steam    railroads,    a    steam    railroad    and    an    interurl  an, 
electric  or   street  railway,  two  interurban  railroads,  or  a 
steam  or  electric  railroad  and  a  street  or  highway  ci'i^« 
at  grade,  if,  in  its  opinion,  public  safety  requires  pro 
tion,    the    railroad   commission,   upon    its   own    motion, 
upon    complaint,    after   notice   to   the   railroads    intere> 
and   full   investigation,   may   make  an  order  requiring 
railroads  so  intersecting  and  crossing  to  install  such  de- 
vice or  devices  as  in  the  oi)inion  of  the  commission    vvill 
properly  protect  such  crossing.     (99  v.  390  Par.  2.) 

Commission  may  make  order  as  to  a  crossing.  S  595. 
The  railroad  commission  may  make  any  further  or  oiher 
orders  regulating  the  speed  and  running  of  trains  or  of 
cars  and  the  switching  of  cars  over  such  crossing  or 
street,  and  it  shall  apportion  the  expense  of  installation 
or  maintenance  of  such  device  or  devices  between  the 
railroad  companies  whose  tracks  are  thus  protected. 
(99  V.  390  Par  2.) 

Hearing  as  to  necessity  of  safety  device.     ^  596.     At  the  ■ 


PoBMO  Service  Laws 


1065 


time  and  place  named  for  hearing,  unless  continued  for 
good  cause,  the  railroad  commission  shall  try  the  ques- 
tion of  whether  or  not  such  crossing  shall  be  protected 
by  interlocking  or  other  safety  devices  and  shall  give  all 
companies  or  parties  interested  an  opportunity  to  be 
fully  heard.     (99  v.  390  Par.  2.) 

What  order  of  commission  shall  contain.  §  597.  After 
such  hearing,  the  railroad  commission  shall  enter  upon 
a  record  book  or  docket  kept  for  that  purpose  an  order 
granting  or  denying  the  petition.  In  case  the  petition  is 
granted,  such  order  shall  prescribe  the  interlocking  or 
other  safety  devices  for  such  crossing  and  all  other  mat- 
ters deemed  proper  for  the  efficient  protection  of  such 
crossing,  the  proportion  of  the  cost  of  construction  and 
of  the  expense  of  maintaining  and  operating  such  de- 
vice which  each  company  or  person  concerned  shall  pay. 
The  order  shall  also  fix  the  time  within  which  such  appli- 
ance shall  be  put  in  and  the  time  within  which  such  order 
shall  be  complied  with.     (99  v.  390  Par.  2.) 

Compulsory  interlocking.  §  598.  If  a  railroad  or  elec- 
tric railroad,  with  its  track  or  tracks  shall  cross  at  grade 
the  track  or  tracks  of  a  railroad  or  electric  railroad  pre- 
viously constructed,  the  former  shall  provide  at  such 
crossing  interlocking  works  or  other  fixtures  satisfactory 
to  the  commission,  and  pay  the  costs  of  such  fixtures  and 
the  expenses  of  installing  them.  The  maintenance  and 
operation  thereof  shall  be  apportioned  equally  between 
the  railroads  by  the  commission;  but  this  section  shall 
not  apply  to  crossings  of  sidetracks  only.  (93  v.  334 
Par.  3.) 

Crossing  tcithout  stopping.  §  599.  Whenever  interlock 
ing  works  or  other  fixtures  are  constructed  and  main- 
tained in  compliance  with  law  by  railroads  and  electric 
railroads  where  such  road  or  roads  cross  each  other, 
engines  and  trains  or  cars  of  an  electric  railroad  may  be 
run  over  such  crossing  without  stopping;  any  law  to  the 
contrary  shall  not  apply  to  such  case.     (92  v.  316  Par.  4.) 

Forfeiture  for  non-compliance  with  order.  §  600.  A 
railroad  or  electric  railroad  refusing  or  neglecting  to  com- 
ply with  an  order  of  the  commission,  concerning  the  pro- 
tection of  persons  and  property  from  danger  at  grade 
crossings  of  any  such  railroad  over  another,  or  over  a 
swing  or  draw-bridge  and  at  junction  points,  by  providing 
interlocking  works  or  other  fixtures,  shall  forfeit  and 
pay  $500  per  week  for  each  week  such  railroad  refuses 
or  neglects  to  obey  such  orders.  Such  forfeiture  shall  be 
recovered  in  an  action  of  debt  in  the  name  of  the  State, 
and,  when  collected,  paid  into  the  treasury  of  the  county 
in  which  such  suit  was  brought.     (92  v.  317  Par.  5.) 

MISCELLANEOUS. 

Examinations  into  alleged  violations  of  law.  §  601.  If 
upon  complaint,  or  otherwise,  the  commission  has  reason 
to  believe  that  a  railroad  or  any  officer,  agent,  or  em- 
ploye thereof  has  violated  or  is  violating  any  law  of  the 
State,  or  if  it  has  reason  to  believe  that  differences  have 
arisen  between  citizens  of  the  State  and  any  railroad 
operating  as  a  common  carrier  within  the  State,  it  shall 
examine  into  the  matter.     (R.  S.  §§  248,  248a.) 

List  of  officers  and  directors  must  be  furnished  hy  rail- 
road or  telegraph  company.  §  602.  Within  30  days  after 
the  election  of  the  directors  of  a  railroad,  or  telegraph 
company,  now  doing  business,  or  whose  line  is  in  process 
of  construction,  or  which  hereafter  may  be  organized  in 
the  State,  the  secretary  of  such  companies-  shall  make 
and  forward  to  the  commission  a  list  of  the  officers  and 
directors  thereof,  giving  the  place  of  residence  and  post- 
office  address  of  each.  If  a  change  occurs  in  the  organ- 
ization of  the  officers  or  board  of  directors  of  a  railroad 
or  company,  the  secretary  shall  notify  the  commission 
of  such  change  and  the  residence  and  postoffice  address 
of  each  of  the  officers  and  directors.     (R.  S.  §  260.) 

Commission  shall  6e  furnished  copies  of  certain  leases, 
contracts  and  agreements.  §  603.  On  demand  of  the  com- 
mission, each  railroad  within  this  State  shall  furnish 
It  copies  of  all  leases,  contracts  and  agreements  with 
express,  sleeping  car,  freight  or  rolling  stock  companies, 
or  other  companies  doing  business  upon  or  in  connection 
with  such  road.  The  commission  or  its  duly  authorized 
agent  may  examine  any  officer,  agent  or  employe  of  a 
railroad  or  of  such  other  companies,  under  oath,  relative  to 
the  stock  which  he  has  in  any  of  such  companies,  and  his 


pecuniary    interests    direct    or    Indirect    therein.      (R.    S. 
§  256.) 

Map  and  profile  of  new  railroad.  §  604.  Within  a  rea- 
sonable time  after  the  construction  of  a  railroad,  or  at 
any  time  when  required  by  the  commission,  such  railroad 
shall  make  and  file  with  the  commission  a  map  and 
profile  of  such  railroad,  which  shall  be  drawn  on  a  scale, 
and  certified  and  signed  by  the  president  or  engineer  of 
such  railroad.     (91  v.  154  Par.   1.) 

Annual  report  of  railroad.  §  605.  On  or  before  the 
fifteenth  day  of  September  in  each  year,  each  railroad 
or  telegraph  company  incorporated  or  doing  business  in 
this  State  shall  make  and  transmit  to  the  commission  a 
full  and  true  statement  under  oath  of  the  proper  officers 
of  such  corporation,  of  the  affairs  of  such  corporation 
relative  to  the  State  of  Ohio  for  the  year  ending  on  the 
thirtieth  day  of  June  preceding.  Such  statement  shall 
be  similar  in  character  and  detail  to  the  annual  report 
required  to  be  made  by  railroad  companies  to  the  Inter- 
state Commerce  Commission.  The  commission  may  sub- 
mit additional  interrogatories  to  a  railroad  or  telegraph 
company  at  any  time.  If  such  report  is  defective  or  er- 
roneous, the  commission  may  require  the  railroad  or 
telegraph  company  to  correct  or  amend  it  within  15 
days.     (91  v.  154  Par.  1;   98  v.  354  Par.  20.) 

Assessment  for  maintaining  commission.  §  606.  Amended. 
See  §  1  of  the  public  service  commission  Act  of  1911,  fol- 
lowing code  §  614.     (Page  1066.) 

Penalty.  §  607.  A  railroad  company  or  telegraph  com- 
pany violating  a  provision  of  the  preceding  three  sections 
shall  forfeit  and  pay  to  the  State  $1,000,  and  $25  for  each 
day  such  company  refuses,  neglects  or  fails  to  comply 
with  a  requirement  of  such  sections,  which  forfeiture 
shall  not  release  such  company  from  the  assessment 
provided  in  the  next  preceding  section.  (91  v.  155 
Par.  3.) 

Commission  may  pass  free  over  all  railroads.  §  608.  In 
the  performance  of  its  duties,  the  commission  may  pass 
free  of  charge  on  all  railroads  and  upon  all  trains  or 
any  part  thereof  within  this  State.     (R.  S.  §  250.) 

Penalty  for  refusing  to  answer  questions  in  examination. 
§  609.  Whoever,  being  an  officer,  agent,  or  employe  of  a 
railroad  company,  refuses  to  answer  a  question  pro- 
pounded to  him  by  a  member  of  the  commission  in  the 
course  of  an  examination  authorized  by  this  chapter,  shall 
be  fined  not  less  than  $50  nor  more  than  $500.  The 
property  of  the  railroad  company  of  which  he  is  an 
officer,  agent  or  employe,  shall  be  liable  to  be  taken  in 
execution  to  satisfy  the  fines  and  costs  in  such  cases. 
(R.  S.  §  259.) 

Form  of  action  for  forfeitures  and  penalties.  §  610.  Un- 
less otherwise  provided  by  law,  all  prosecutions  against 
a  railroad  or  telegraph  company  or  an  officer,  agent  or 
employe  thereof  for  forfeitures  under  the  provisions  of 
this  chapter  and  other  provisions  of  law.  shall  be  by  civil 
action  in  the  name  of  the  State.  All  prosecutions  for 
penalties  involving  imprisonment  shall  be  by  indictment. 
(R.  S.  §  262.) 

Action  for  forfeiture  by  prosecuting  attorney.  §  611.  If 
the  commission,  the  officer  requested  by  it,  or  a  city  so- 
licitor, when  the  cause  of  action  arises  in  a  municipality, 
fails  or  neglects  to  prosecute  a  civil  action  for  forfeiture 
against  a  railroad,  telegraph  company,  officer,  agent  or 
employe  thereof  as  provided  by  law,  .the  prosecuting  at- 
torney of  the  county  in  which  a  cause  of  action  for  for- 
feiture arises,  upon  the  request  of  any  taxpayer  thereof, 
and  on  being  furnished  with  evidence  which  in  his  judg- 
ment will  sustain  it,  shall  bring  such  action.  If  such  ac- 
tion fails  the  costs  thereof  shall  be  adjudged  against  the 
county.     (R.  S.  §  263.) 

Action  for  forfeiture  by  city  solicitor.  §  612.  If  a  cause 
of  action  for  forfeiture  arises  within  a  municipality,  and 
the  commission,  the  officer  requested  by  it  or  the  prose- 
cuting attorney  as  above  provided,  fails  or  neglects  to 
prosecute  such  action,  the  city  solicitor  of  such  munici- 
pality, when  required  by  resolution  of  the  council,  shall 
Institute  such  action  and  prosecute  it  to  final  judgment. 
If  such  action  fails,  the  costs  therefor  shall  be  adjudged 
against  the  municipality.  The  time  for  notice  of  appeal 
and  giving  a  bond  shall  not  apply  to  cases  within  the 
meaning  of  this  and  the  preceding  section.     (R.  S.  §  263.) 

Moneys  arising  from  prosecutions  and  actions  for  for- 


1066 


National  Association  of  Railway  Commissionebs 


feiture.  §  613.  All  moneys  arising  from  prosecutions  or 
from  actions  for  forfeiture  in  the  name  of  tlie  State 
against  a  railroad  or  telegraph  company,  or  against  an 
officer  or  employe  thereof,  for  violations  of  the  provis- 
ions of  law  relating  to  railroads  or  telegraph  companies 
shall  be  paid  into  the  State  treasury.     (R.  S.  §  265.) 

Annual  report  of  commission.  §  614.  On  or  before  the 
first  day  of  January  of  each  year,  the  commission  shall 
make  to  the  governor  a  report  of  the  affairs  and  condi- 
tions of  the  railroads  and  telegraph  companies  having 
lines  in  the  State,  and  also  of  accidents  on  railroads 
resulting  in  injuries  to  persons  and  the  circumstances 
and  causes  thereof.  The  commission  shall  include  in 
its  report  such  other  information  and  such  suggestions 
and  recommendations  as  in  its  opinion  are  of  importance 
to  the  State.     (R.  S.   §  264.) 

PUBLIC  SERVICE  COMMISSION,  ACT  OF  1911. 

An  Act  changing  the  name  of  the  Railroad  Commission  of 
Ohio,  to  that  of  the  Public  Service  Commission  of  Ohio, 
defining  the  powers  and  duties  of  the  latter  commis- 
sion with  respect  to  public  utilities,  and  to  amend  sec- 
tions 501,  502  and  606  of  the  general  code. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio: 

§  1.  That  §§  501,  502  and  606  of  the  general  code 
be  amended  to  read  as  follows: 

'•Railroad"  defined — Other  companies.  §  501.  The  term 
"railroad"  as  used  in  this  chapter  shall  include  all  corpo- 
rations, companies,  individuals,  associations  of  individu- 
als, their  lessees,  trustees,  or  receivers  appointed  by  a 
court,  which  owns,  operates,  manages  or  controls  a  rail- 
road or  part  thereof  as  a  common  carrier  in  this  State, 
or  which  owns,  operates,  manages  or  controls  any  cars 
or  other  equipment  used  thereon,  or  which  owns,  oper- 
ates, manages  or  controls  any  bridges,  terminals,  union 
depots,  sidetracks,  docks,  wharves,  or  storage  elevators 
used  in  connection  therewith,  whether  owned  by  such 
railroad  or  otherwise.  Such  term  "railroad"  shall  mean 
and  embrace  express  companies,  water  transportation 
companies  and  interurban  railroad  companies,  and  all 
duties  required  of  and  penalties  imposed  upon  a  railroad 
or  an  oflicer  or  agent  thereof  in  so  far  as  they  are  appli- 
cable, shall  be  required  of  and  imposed  upon  express 
companies,  water  transportation  companies  and  interurban 
railroad  companies,  their  officers  and  agents.  The  com- 
mission shall  have  the  power  of  supervision  and  control 
of  express  companies,  water  transportation  companies 
and  interurban  railroad  companies  to  the  same  extent 
as  railroads. 

Application  of  Act.  §502.  This  chapter  shall  apply  to 
the  transportation  of  passengers  and  property  between 
points  within  this  State,  to  the  receiving,  switching,  de- 
livering, storing  and  handling  of  such  property,  and  to 
all  charges  connected  therewith,  including  icing  charges 
and  mileage  charges,  to  all  railroad  companies,  sleeping 
car  companies,  equipment  companies,  express  companies, 
car  companies,  freight  and  freight  line  companies,  to  all 
associations  of  persons,  whether  incorporated  or  other- 
wis6,  which  do  business  as  common  carriers,  upon  or 
over  a  line  of  railroad  within  this  State,  and  to  a  common 
carrier  engaged  in  the  transportation  of  passengers  or 
property  wholly  by  rail  or  partly  by  rail  and  partly  by 
water  or  wholly  by  water.  In  addition  thereto  the  pro- 
visions of  this  Act  shall  apply  to  the  regulation  of  any 
and  all  duties,  services,  practices  and  charges,  of  the 
railroad  company,  incident  to  the  shipping  and  receiving 
of  freight,  which  are  proper  subjects  of  regulation,  ex- 
cepting only,  that  they  shall  not  apply  to  the  regulation 
of  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes. 

Assessment  for  maintaining  commission,  and  how  ap- 
portioned. S  606.  For  the  purpose  of  maintaining  the  de- 
partment of  the  public  service  commission  of  Ohio,  and 
the  exercise  of  police  supervision  of  railroads  and  public 
utilities  of  the  State  by  it,  a  sum  not  exceeding  $75,000 
each  year  shall  be  apportioned  among  and  assessed  upon 
the  railroads  and  public  utilities  within  the  State,  by  the 
commission,  in  proiwrtion  to  the  intra  State  gross  earn- 
ings or  receipts  of  such  railroads  and  public  utilities  for 
the  year  next  preceding  that  in  which  the  assessments 
are  made. 

Certificate  of  assessment  to  auditor  of  state — Collection. 


<ir 

<i 

s  ■ 


On  or  before  the  first  day  of  August  next  following,  the 
commission  shall  certify  to  the  auditor  of  State  the 
amount  of  such  assessment  apportioned  by  it  to  each  rail- 
road and  public  utility  and  he  shall  certify  such  amount 
to  the  treasurer  of  State,  who  shall  collect  and  pay  the 
same  into  the  State  treasury  to  the  credit  of  a  special 
fund  for  the  maintenance  of  the  department  of  such  pub- 
lic  service   commission. 

Additional  powers,  duties  and  jurisdiction  imposed  anl 
conferred — Name.  Code  §  614-1.  (§2.)  The  Railroad  Com- 
mission of  Ohio  shall  hereafter  be  known  as  the  Public 
Service  Commission  of  Ohio.  In  addition  to  the  powers, 
duties,  and  jurisdiction  conferred  and  imposed  upon  said 
commission  by  chapter  1,  division  2,  title  3,  part  1,  of  the 
general  code,  and  the  Acts  mandatory  [amendatory?]  or 
supplementary  thereto,  the  Public  Service  Commission  of 
Ohio  shall  have  and  exercise  the  powers,  duties,  and 
jurisdiction  provided  for  in  this  Act. 

Definitions.  §614-2.  (§3.)  The  following  words  and 
phrases  used  in  this  Act,  unless  the  same  be  inconsistent 
with  the  text  shall  be  construed  as  follows: 

The  term  "commission"  when  used  in  this  Act,  or 
chapter  1,   division  2,  title  3,  part  1  of  the  general  cot! 
and  the  Acts  amendatory  of  supplementary  thereto  means 
"The  Public  Service  Commission  of  Ohio." 

The  term  "commissioner"  means  one  of  the  membe  s 
of   such   commission. 

Any  person  or  i)ersons,  firm  or  firms,  co-partnership  (ir 
voluntary  association,  joint  stock  association,  company  or 
corporation,    wherever    organized    or    incorporated; 

When    engaged    in    the    business    of    transmitting 
from,   through   or   in   this   State,  telegraphic   messages,     s 
a   telegraph   company; 

When  engaged  in  the  business  of  transmitting  t 
from,  through,  or  in  this  State,  telephonic  messages,  isl 
telephone  company  and  as  such  is  declared  to  be  a  col 
mon   carrier;  1 

When  engaged  in  the  business  of  supplying  electricB 
for   light,   heat   or   power   purposes    to    consumers   within 
this   State,  is  an   electric  light  company; 

When  engaged  in  the  business  of  supplying  artiflcM 
gas  for  lighting,  power  or  heating  purposes  to  cousumei ». 
within  this  State,  is  a  gas  company;  j  ~ 

When  engaged  in  the  business  of  supplying  natuB 
gas  for  lighting,  heating,  or  power  purposes  to  consume!) 
within  this  State,  is  a  natural  gas  company; 

When  engaged  in  the  business  of  transporting  natun 
gas  or  oil  through  pipes  or  tubing,  either  wholly  or  part) 
within  this  State,  is  a  pipe  line  company; 

When  engaged  in  the  business  of  supplying  wat« 
through  pipes  or  tubing,  or  in  a  similar  manner  to  ca 
sumers  within  this  State,  is  a  water  works  company, 

When  engaged  in  the  business  of  supplying  watt 
steam,  or  air  through  pipes  or  tubing  to  consumers  wil 
in  this  State  for  heating  or  cooling  purposes,  is  a  heatil 
or  cooling  company;  , 

When  engaged  in  the  business  of  supplying  messeng* 
for  any  purpose,  is  a  messenger  company; 

When  engaged  in  the  business  of  signalling  or  calli 
by  an  electrical  apparatus,  or  in  a  similar  manner,  1 
any  purpose,  is  a  signalling  company; 

When  engaged  in  the  business  of  operating,  as  a  zO 
mon  carrier,  a  railroad,  wholly  or  partly  within  this  Sta 
with  one  or  more  tracks  upon,  along,  above  or  bel< 
any  public  road,  street,  alley,  way  or  ground,  within  a 
municipal  corporation,  operated  by  any  motive  po^ 
other  than  steam,  and  not  a  part  of  an  interurban  ri 
road,  whetlier  such  railroad  iDe  termed  street,  incliri 
plane,  elevated,  or  underground  railroad,  is  a  street  rl 
road  company; 

When  engaged  in  the  business  of  operating  as  a  cfl 
mon  carrier,  whether  wholly  or  partially  within  tl 
State,  a  part  of  a  street  railway  constructed  or  extend 
beyond  the  limits  of  a  municipal  corporation,  and  not 
part  of  an  interurban  railroad  is  a  suburban  railroad  cO 
pany ; 

When  engaged  in  the  business  of  operating  a  railros 
wholly  or  partially  within  this  Stats,  with  one  or  mo': 
tracks  from  one  municipal  cori)oration  or  point  in  this 
State  to  another  municipal  corporation  or  point  in  this 
State,  whether  constructed  upon  the  public  hisrhways  or 
upon  private  rights-of-way,  outside  of  municipalities,  using 
electricity   or  other  motive   power  than   animal   or   steam 


Public  Service  Laws 


10G7 


power  foi-  the  transportation  of  passengers,  packages,  ex- 
press matter.  United  States  mail,  baggage  and  freight,  is 
an  interurban  railroad  company,  and  included  in  the  term 
"railroad"  as  used  in  §  501  of  the  general  code.  The  term 
'"railroad,"  when  used  in  this  Act,  includes  all  railroads, 
interurban  railroad  companies,  express  companies,  freight 
line  companies,  sleeping  car  companies,  equipment  com- 
panies, car  companies,  water  transportation  companies, 
and  all  persons  and  associations  of  persons,  whether  in- 
corporated or  not,  operating  such  agencies  for  public  use 
in  the  conveyance  of  persons  or  property  within  this 
State. 

"Public  utility"  defined.  §  4.  The  term  "public  utility" 
as  used  in  this  Act,,  shall  mean  and  include  every  corpora- 
tion, company,  co-partnership,  person  or  association,  their 
lessees,  trustees  or  receivers,  defined  in  the  next  preceding 
section,  except  such  public  utilities  as  operate  their  utili- 
ties not  for  profit,  and  except  such  public  utilities  as  are, 
or  may  hereafter  be  owned  or  operated  by  any  municipal- 
ity, and  except  such  utilities  as  are  defined  as  "rail- 
roads" in  §  §  501  and  502  of  the  general  code  and  these 
terms  shall  apply  in  defining  "public  utilities  '  and  "rail- 
roads" wherever  used  in  chapter  1,  division  2,  title  3,  part 
first  of  the  general  code  and  the  Acts  amendatory  or 
supplementary  thereto  or  in  this  Act. 

Jurisdiction  to  regulate  "public  utilities"  and  "rail- 
roads." §614-3.  (§5.)  The  Public  Service  Commission  of 
Ohio  is  hereby  vested  with  the  power  and  jurisdiction  to 
supervise  and  regulate  "public  utilities"  and  "railroads" 
as  herein  defined  and  provided  and  to  require  all  "public 
utilities"  and  "railroads"  as  herein  defined  and  provided 
and  to  require  all  public  utilities  to  furnish  their  products 
and  render  all  services  recruired  by  the  commission,  or  by 
law. 

~Juris diction.  §614-4.  (§6.)  The  jurisdiction,  super- 
vision, powers  and  duties  of  the  public  service  commis- 
sion shall  extend  to  every  public  utility  ar.d  railroad,  the 
plant  or  property  of  which  lies  wholly  within  this  State 
and  when  the  property  of  a  public  utility  or  railroad  lies 
partly  within  and  partly  without  this  State  to  that  part 
of  such  plant  or  property  which  lies  within  this  State, 
and  to  the  persons  or  companies  owning,  leasing  or  oper- 
ating the  same,  and  to  the  records  and  accounts  of  the 
business  thereof  done  within  this  State. 

Rules  governing  proceedings.  §614-5.  (§7.)  The  com- 
mission shall  have  power  to  adopt  and  publish  rules  to 
govern  its  proceedings  and  to  regulate  the  mode  and  man- 
ner of  all  valuations,  tests,  audits,  inspections,  investiga- 
tions and  hearings  which  shall  be  open  to  tho  public. 

Examination  of  witnesses  and  production  of  records. 
§614-6.  (§8.)  The  commission  shall  have  power,  either 
through  its  members  or  by  inspectors  or  employes  duly  au- 
thorized by  it,  to  examine  under  oath,  at  any  time,  and  for 
assisting  the  commission  in  the  performance  of  any  powers 
or  duties  of  the  commission,  any  officer,  agent  or  employe 
of  any  public  utility  or  railroad  or  any  other  person,  in 
relation  to  the  business  and  affairs  of  such  utility  and  to 
compel  the  attendance  of  such  witness  for  the  purpose 
of  such  examination.  In  case  of  disobedience  on  the 
part  of  any  person  or  persons  to  comply  with  any  order 
relating  to  the  production  or  examination  of  books,  con- 
tracts, records,  documents  and  papers  or  in  case  of  the 
refusal  of  any  person  to  testify  to  any  matter  regarding 
which  he  may  be  lawfully  interrogated  by  any  such  mem- 
ber, employe  or  inspector  of  the  commission  at  any  time 
or  place,  it  shall  be  the  duty  of  the  Commoi*  Pleas  Court 
of  any  county  or  any  judge  thereof,  on  application  of  any 
member  of  the  commission,  to  compel  obedience  by  con 
tempt  proceeaings  as  in  the  case  of  the  disobedience  of  the 
requirements  of  a  subpoena  issued  from  such  court  or  a 
refusal  to  testify  therein. 

Examination  of  records.  §614-7.  (§9.)  The  commis- 
sion shall  have  power,  either  through  its  members  or  by 
Inspectors  or  employes  duly  authorized  by  it,  to  examine 
all  books,  contracts,  records,  documents  and  papers  of  any 
1 1  public, utility,  and  by  subpoena  duces  tecum  to  compel  the 
production  thereof,  or  of  duly  verified  copies  of  the  same 
or  any  of  them,  and  to  compel  the  attendance  of  such 
witnesses  as  the  commission  may  require  to  give  evi- 
dence at  such  examination. 

General  supervision.  §  614-8.  (§  10.)  The  commission 
shall  have  general  supervision  over  all  public  utilities 
within  its  jurisdiction   as   hereinbefore  defined,  a-nd   shall 


have  the  power  to  examine  the  same  and  keep  informed 
as  to  their  general  condition,  their  capitalization,  their 
franchises  and  the  manner  In  which  their  properties  are 
leased,  operated,  managed  and  conducted  with  respect  to 
the  adequacy  or  accommodation  afforded  by  their  serv- 
ice, and  also  with  respect  to  the  safety  and  security  of 
the  public  and  their  employes,  and  with  respect  to  their 
compliance  with  all  provisions  of  law,  orders  of  the  com- 
mission, franchises  and  charter  requirements.  The  com- 
mission, either  through  its  members  or  inspectors  or  em- 
ployes, duly  authorized  by  it,  may  enter  in  or  upon,  for 
purposes  of  inspection,  any  property,  equipment,  build- 
ing, plant,  factory,  office,  apparatus,  machinery  device 
and  lines  of  any  public  utility. 

May  require  copy  of  contracts.  §614-9.  (§11.)  Every 
public  utility  shall  file  with  the  commission,  when  and  as 
required  by  it,  a  copy  of  any  contract,  agreement  or  ar- 
rangement, in  writing,  with  any  other  public  utility  re- 
lating in  any  way  to  the  construction,  maintenance  or 
use  of  its  plant  or  property,  or  any  service,  rate  or  charge. 

System  of  accounts — Form  of  records.  §  614-10.  (§  12.) 
The  commission  may  establish  a  system  of  accounts  to 
be  kept  by  public  utilities,  or  classify  utilities  and  pre- 
scribe a  system  of  accounts  for  each  class  and  prescribe 
the  manner  in  which  such  accounts  shall  be  kept.  Such 
system  shall,  when  practicable,  conform  to  the  system 
prescribed  by  the  tax  commission  of  Ohio.  It  may  also, 
in  its  discretion,  prescribe  the  form  of  records  to  be 
kept  by  public  utilities,  and  the  commission  may  require 
that  no  ether  records  be  kept  except  as  may  be  required 
by  the  laws  of  the  United  States  or  as  may  hereafter  be 
required  by  the  laws  of  this  State.  The  commission 
shall,  at  all  times,  have  access  to  all  accounts  kept  by 
public  utilities,  and  may  designate  any  of  its  officers  or 
employes  to  inspect  and  examine  any  and  all  such  ac- 
counts. 

The  commission  may,  if  it  shall  determine  that  any 
expenditures  or  receipts  have  been  improperly  charged 
or  credited,  order  the  necessary  changes  in  such  ac- 
counts. 

Penalty  for  divulging  information.  §614-11.  (§13.) 
Except  in  his  report  to  the  commission  or  when  called 
on  to  testify  in  any  court  or  proceeding,  any  such  em- 
ploye or  agent  who  shall  divulge  any  information  ac- 
quired by  him  in  respect  to  the  transaction,  property 
or  business  of  any  public  utility,  while  acting  or  claiming 
to  act  as  such  employe  or  agent  shall  be  fined  not  less 
than  |50,  and  not  more  than  $100,  and  shall  thereafter  be 
disqualified  from  acting  as  agent,  or  in  any  other  capacity 
under  the  appointment  or  employment  of  the  commis- 
sion. 

Unreasonable  charges  prohibited.  §614-12.  (§  14.)  Every 
public  utility  shall  furnish  necessary  and  adequate  serv- 
ice and  facilities  which  shall  be  reasonable  and  just,  and 
every  unjust  or  unreasonable  charge  for  such  service  is 
prohibited  and  declared  to  be  unlawful. 

Adequate  instrumentalities  to  be  furnished.  §  614-13. 
(§  15.)  Every  public  utility  shall  furnish  and  provide 
with  respect  to  its  business  such  instrumentalities  and 
facilities  as  shall  be  adequate  and  in  all  respejts 
just  and  reasonable.  All  charges  made  or  demanded  for 
any  service  rendered,  or  to  be  rendered,  shall  be  just  and 
reasonable,  and  not  more  than  allowed  by  law  or  by  order 
of  the  commission.  Every  unjust  or  unreasonable  charge 
made  or  demanded  for  any  service,  or  in  connection  there- 
with, or  in  excess  of  that  allowed  by  law  or  by  order  of  the 
commission,  is  prohibited  and  declared  to  be  unlawful. 

Rebates,  special  rates,  free  service,  etc.,  prohibited. 
§  614-14.  (§  16.)  No  public  utility  shall  directly  or  indi- 
rectly, or  by  any  special  rate,  rebate,  drawback  or  other 
device  or  method,  charge,  demand,  collect  or  receive 
from  any  person,  firm  or  corporation  a  greater  or  less 
compensation  for  any  services  rendered,  or  to  be  rendered, 
except  as  provided  in  this  Act,  than  it  charges,  demands, 
collects  or  receives  'from  any  other  person,  firm  or  cor- 
poration for  doing  a  like  and  contemporaneous  service 
under  the  same  or  substantially  the  same  circumstances 
and  conditions.  Nor  shall  free  service  or  service  for 
less  than  actual  cost  be  furnished  for  the  purpose  cf 
destroying  competition,  and  such  free  service  and  every 
such  charge  is  prohibited  and  declared  unlawful. 

Undue  advantage.     §614-15.     (§17.)     No  public  utility 


1068 


National  Association  of  Railway  Commissioners 


shall  make  or  give  any  undue  or  unreasonable  prefer- 
ence or  advantage  to  any  person,  firm,  corporation  or 
locality,  or  subject  the  same  to  any  undue  or  unreascn- 
able  prejudice  or  disadvantage  in  any  respect  whatsoever. 

Printed  schedules  of  rates  must  be  filed.  S  614-16.  (S  18.) 
Every  public  utility  shall  print  and  file  with  the  com- 
mission, within  90  days  after  this  Act  taltes  effect,  sched- 
ules, showing  all  rates,  joint  rates,  rentals,  tolls,  classi- 
fications and  charges  for  service  of  each  and  every  kind 
by  it  rendered  or  furnished,  which  were  in  effect  at 
the  time  this  Act  takes  effect  and  the  length  of  time 
the  same  has  been  in  force,  and  all  rules  and  regulations 
in  any  manner  affecting  the  same.  Such  schedules  shall 
be  plainly  printed  and  kept  open  to  public  inspection. 
The  commission  shall  have  power  to  prescribe  the  form 
of  every  such  schedule,  and  may,  from  time  to  time, 
prescribe,  by  order,  changes  in  the  form  thereof.  The 
commission  may  establish  rules  and  regulations  for  keep- 
ing such  schedule  open  to  public  inspection,  and  may, 
from  time  to  time,  modify  the  same.  A  copy  of  such 
schedules  or  so  much  thereof  as  the  commission  shall 
deem  necessary  for  the  use  and  information  of  the  public 
shall  be  printed  in  plain  type  and  kept  on  file  or  posted 
in  such  places  and  in  such  manner  as  the  commission 
may  order. 

Reasonable  arrangements  allowed.  §614-17.  (§19.) 
Nothing  in  this  Act  shall  be  taken  to  prohibit  a  public 
utility  from  entering  into  any  reasonable  arrangement 
with  Its  customers,  consumers  or  employes  for  the  divi- 
sion or  distribution  of  its  surplus  profits  or  providing 
for  a  sliding  scale  of  charges  or  providing  for  a  minimum 
charge  for  service  to  be  rendered,  unless  such  minimum 
charge  is  made  or  prohibited  by  the  terms  of  the  fran- 
chise, grant  or  ordinance  under  which  such  public  util- 
ity is  operated,  a  classification  of  service  based  upon 
the  quantity  used,  the  time  when  used,  the  purpose  for 
which  used,  the  duration  of  use  and  any  other  reasonable 
consideration,  or  providing  any  other  financial  device 
that  may  be  practicable  or  advantageous  to  the  parties 
interested.  No  such  arrangement,  sliding  scale,  minimum 
charge,  classification  or  device  shall  be  lawful  unless  the 
same  shall  be  filed  with  and  approved  by  the  com- 
mission. Every  such  public  utility  is  required  to  con- 
form its  schedules  of  rates,  tolls  and  charges  to  such 
arrangement,  sliding  scale,  classification  or  other  device. 
Every  such  arrangement,  sliding  scale,  minimum  charge, 
classification  or  device  shall  be  under  the  supervision 
and  regulation  of  the  commission,  and  subject  to  change, 
alteration  or  modification  by  the  commission. 

Schedule  rate  collected — Refunder  or  remitter  not  al- 
lowed. §614-18.  (§20.)  No  public  utility  shall  charge, 
demand,  exact,  receive  or  collect  a  different  rate,  rental, 
toll  or  charge  for  any  service  rendered,  or  to  be  ren- 
dered, than  that  applicable  to  such  service  as  specified  in 
its  schedule  filed  with  the  commission  and  in  effect  at 
the  time.  Nor  shall  any  public  utility  refund  or  remit, 
directly  or  Indirectly,  any  rate,  rental,  toll  or  charge 
so  specified,  or  any  part  thereof,  nor  extend  to  any  per- 
son, firm  or  corporation,  any  rule,  regulation,  privilege 
or  facility  except  such  as  are  specified  in  such  schedule 
and  regularly  and  uniformly  extended  to  all  persons, 
firms  and  corporations  under  like  circumstances  tor  the 
like,  or  substantially  similar,  service. 

Prior  contract.  §614-19.  (§21.)  The  furnishing  by 
any  public  utility  of  any  product  or  service,  at  the  rates, 
and  upon  the  terms  and  conditions  provided  for  in  any 
existing  contract,  executed  prior  to  the  passage  of 
this  Act,  shall  not  be  construed  as  constituting  a  dis- 
crimination, or  undue  or  unreasonable  preference,  or 
advantage,  within  the  meaning  specified;  provided,  how- 
ever, that  when  any  such  contract  or  contracts  are 
or  become  terminable  by  notice,  the  commission  shall 
have  power,  in  its  discretion,  to  direct  by  order,  that 
such  contract  or  contracts  shall  be  terminated  as  and 
when   directed    by   such   order. 

Change  of  rates— 30  days'  notice.  §614-20.  (§22.)  Un- 
less otherwise  ordered  by  the  commission,  no  change 
shall  be  made  in  any  rate,  joint  rate,  toll,  classification, 
charge  or  rental,  in  force  at  the  time  this  Act  takes 
effect,  or  as  shown  upon  the  schedules  which  shall  have 
been  filed  by  a  public  utility  in  compliance  with  the 
requirements  of  this  Act,  or  by  order  of  the  commission. 


except  after  30  days'  notice  to  the  commission,  which 
notice  shall  plainly  state  the  changes  proposed  to  be 
made  in  the  schedule  then  in  force,  and  the  time  when 
the  change,  rate,  charge,  toll,  classification  cr  rental 
shall  go  into  effect;  and  all  proposed  changes  shall  be 
plainly  indicated  upon  existing  schedules,  or  by  filing 
new  schedules  30  days  prior  to  the  time  they  are  to 
take  effect,  but  the  commission  may  prescribe  a  less 
time   when  they  may   take  effect. 

Complaint — Notice  of  complaint  and  time  and  place  of 
hearing — Rights  of  parties — Publication.  §614-21.  (§23.) 
Upon  complaint  in  writing,  against  any  public  utility,  by 
any  person,  firm  or  corporation,  or  upon  the  initiative 
or  complaint  of  the  commission  that  any  rate,  fare, 
charge,  toll,  rental,  schedule,  classification  or  service,  or 
any  joint  rate,  fare,  charge,  toll,  rental,  schedule,  classi- 
fication or  service  rendered,  charged,  demanded,  exacted 
or  proposed  to  be  rendered,  charged,  demanded  or  ex- 
acted, is  in  any  respect  unjust,  unreasonable,  unjustly 
discriminatory,  or  unjustly  preferential  or  in  violation 
of  law,  or  that  any  regulation,  measurement  or  practice 
affecting  or  relating  to  any  service  furnished  by  said 
public  utility,  or  in  connection  therewith,  is,  or  will  be, 
in  any  respect  unreasonable,  unjust,  insuflScient  or  in- 
justly  discriminatory  or  unjustly  preferential,  or  that 
any  service  is,  or  will  be,  inadequate  or  cannot  be  cb- 
tained,  the  commission  shall  notify  the  public  utility 
complained  of  that  complaint  has  been  made,  ana  of 
the  time  and  place  when  the  same  will  be  considerjd'^ 
and  determined,  which  notice  shall  be  served  upon  tie 
public  utility  not  less  than  15  days  before  such  hearii  g,  " 
and  shall  plainly  state  the  matters  or  things  complain  id 
of.  The  commission  shall,  if  it  appear  that  there  are 
reasonable  grounds  for  the  complaint,  at  such  time  aid 
place  proceed  to  consider  such  complaint  and  may  ;  d- 
journ  the  hearing  thereof  from  time  to  time.  The  parties 
thereto  shall  be  entitled  to  be  heard,  represented  ly 
counsel  and  to  have  process  to  enforce  the  attendar  e 
of  witnesses.  A  public  utility  may  make  complaint  is 
to  any  matter  affecting  its  own  product  or  service  w:  th 
like  effect  as  though  made  by  a  person,  firm  or  corpo  a- 
tion,  in  which  event  the  commission  shall  publish  not;  :e 
thereof  for  10  days  prior  to  such  hearing  in  a  newspai  er 
of  general  circulation  at  the  situs  of  such   public  utili  y. 

Separate  hearings.  §614-22.  (§24.)  When  compla  nt 
is  made  of  more  than  one  rate,  charge  or  service,  t  le 
commission  may  order  separate  hearings  thereon  a  id 
may  consider  and  determine  the  matters  complained  of 
separately  and  at  such  times  and  places  as  it  may  p  j 
scribe.  No  complaint  shall  necessarily  be  dismissed  | 
cause  of  the  absence  of  direct  damage  to  the  complains 

Commission  may  fix  rates.    §614-23.     (§25.)     Whene' er 
the    commission    shall    be    of   the    opinion,    after    hearl  ig, 
that  any  rate,  fare,  charge,  toll,  rental,  schedule,  classifi- 
cation   cr    service,    or   any   joint   rate,    fare,    charge,    t  )11, 
rental,     schedule,     classification,     or     service     render  3d, 
charged,  demanded,  exacted  or  proposed   to  be  rendered, 
charged,  demanded,  or  exacted,  is,  or  will  be,  unjust,    m-' 
reasonable,   unjustly   discriminatory   or   unjustly   preferen- 
tial,   or   in   violation    of   law,    or   the    service    inadequi  te, 
or    that    the    maximum    rates,    charges,    tolls    or    renlals 
chargeable   by  any  such   public   utility  are   insufficient  to 
yield    reasonable   compensation    for   the   service    rendei  ed, 
and   are   unjust   and   unreasonable,  the   commission   shall, 
with    due    regard    among   other    things,    to    the    value    of 
all   of    the    property    of    the    public    utility    actually    Uied 
and   useful   for   the   convenience   of   the   public,   excluding 
therefrom    the   value    of   any   franchise   or   right   to   o.vn,  i 
operate  or  enjoy  the  same  in  excess  of  the  amount   '  ex- 
clusive  of   any   tax   or    annual    charge),    actually    paid   to  | 
any   political   subdivision   of  the   State   or  county,   as   the  | 
consideration    for  the    grant   of   such    franchise   or   rifht;    | 
and   exclusive   of   any   value   added   thereto   by   reason   of  | 
a  monopoly   or  merger   and   to  the  necessity  of  mating  i 
reservation   out   of   the   income   for   surplus,    deprecia  ion  I 
and    contingencies,    and    all    such    other    matters    as    may  j 
be   proper,   according  to   the   facts   in   each   case,   fix   and  I 
determine    the    just    and    reasonable    rate,    fare,    charge, 
toll,  rental  or  service  to  be  thereafter  rendered,  charged,  i 
demanded,    exacted    or   collected    for    the   performance  or  ; 
rendition  of  the  service,  and  order  the  same  substituted  ; 
therefor;    and    thereafter,   no    change   In   the   rate,   fare,  i 


or 


Public  Service  Laws 


10G9 


toll,  charge,  rental,  schedule,  classification  or  service, 
shall  be  made,  rendered,  charged,  demanded,  exacted 
or  changed  by  such  public  utility  without  the  order  of 
the  commission  and  any  other  rate,  fare,  toll,  charge, 
rental,  classification  or  service  shall  be  deemed  and 
held  to  be  unjust  and  unreasonable,  prohibited  and  un- 
lawful. Upon  application  of  any  person  or  any  public 
utility,  and  after  notice  to  the  parties  in  interest  and 
opportunity  to  be  heard  as  provided  in  this  Act  for  other 
hearings,  has  been  given,  the  commission  may  rescind, 
alter  or  amend  an  order  fixing  any  rate  or  rates,  fare, 
toll,  charge,  rental,  classification  or  service,  or  any  other 
order  made  by  the  commission.  Certified  copies  of  such 
orders  shall  be  served  and  take  effect  as  provided  for 
original  orders. 

Valuation  of  property.  §614-24.  (§26.)  The  commis- 
sion shall  have  the  right  to  investigate  and  determine 
the  value  of  all  the  property,  including  the  value  of  its 
physical  property,  of  every  public  utility  within  its  juris- 
diction actually  used  and  useful  for  the  service  and 
convenience  of  the  public,  whenever  it  deems  the  ascer- 
lainment  of  such  value  necessary  in  order  to  properly 
I  airy  into  effect  any  cf  the  provisions  of  this  Act. 

Public  hearing.  S  614-25.  (§27.)  Before  final  deter- 
mination of  the  value  of  the  property  of  any  public 
utility,  the  commission  shall,  after  due  notice  to  such 
public  utility,  hold  a  public  hearing  as  to  such  valua- 
tion, and  the  provisions  of  §  23  of  this  Act  shall,  in  so 
far  as  practicable,   apply  to  such  hearing. 

Revaluation  on  commission's  own  motion.  §  614-26. 
(§  28.)  The  commission  may  at  any  time  upon  its  own 
motion  make  a  revaluation  of  such  property. 

Poivcr  to  change  rules  and  prescribe  equipment.  §  614-27, 
(§  29.)  Whenever  the  commission  shall  be  of  the  opin- 
ion, after  hearing  had  upon  complaint,  as  in  this  Act 
provided,  or  upon  its  own  initiative  or  complaint,  served 
as  in  this  Act  provided,  that  the  rules,  regulations, 
measurements  or  practices  of  any  public  utility  with 
respect  to  its  public  service  are  unjust  or  unreasonable, 
or  that  the  equipment  or  service  thereof  is  inadequate, 
inefficient,  improper  or  insufficient,  or  cannot  be  obtained, 
it  shall  determine  the  regulations,  practices  and  service 
thereafter  to  be  installed,  observed,  used  and  rendered, 
and  fix  and  prescribe  the  same  by  order  to  be  served 
upon  the  public  utility.  It  shall  thereafter  be  the  duty 
of  such  public  utility  and  all  cf  its  officers,  agents  and 
official  employes  to  obey  the  same  and  do  everything 
necessary  or  proper  to  carry  the  same  into  effect .  and 
operation;  provided,  that  nothing  herein  contained  shall 
be  so  construed  as  to  give  to  the  commission  power  to 
make  any  order  requiring  the  performance  of  any  act 
or  the  doing  of  anything  which  is  unjust  or  unreasonable 
or  in  violation  of  any  law  of  the  State  or  the  United 
States. 

May  order  repairs,  improvements,  etc.  §614-28.  (§30.) 
Whenever  the  commission  shall  be  of  the  opinion,  after 
hearing  had,  as  in  this  Act  provided,  or  upon  its  own 
initiative  or  complaint,  as  in  this  Act  provided,  that 
repairs  or  improvements  to  the  plant  or  equipment  of 
any  public  utility,  should  reasonably  be  made,  or  that 
any  additions  thereto  should  reasonably  be  made,  in 
order  to  promote  the  convenience  or  welfare  of  the 
public,  or  of  employes,  or  in  order  to  secure  adequate 
service  or  facilities,  the  commission  may  make  and  serve 
an  appropriate  order  with  respect  thereto,  directing  that 
such  repairs,  improvements,  changes  or  additions  be 
made  within  a  reasonable  time,  and  in  a  manner  to  be 
specified  therein.  Every  such  public  utility,  its  officers, 
agents  and  official  employes  shall  obey  such  order  and 
make  such  repairs,  improvements,  changes  and  additions 
required  of  such  public  utility  by  such  order. 

Use  of  equipment  over  street,  etc.,  hy  other  puhlic  util- 
ity. §614-29.  (§31.)  Every  public  utility  having  any 
equipment  on,  over  or  under  any  street,  or  highway,  shall, 
subject  to  the  provisions  of  §  9103  of  the  general  code, 
for  a  reasonable  compensation,-  permit  the  use  of  the 
same  by  any  other  public  utility  whenever  the  commis- 
sion shall  determine  as  provided  in  §  32  hereof  that 
public  convenience,  welfare  and  necessity  require  such 
use,  or  joint  use,  and  such  use  or  joint  use  will  not  result 
in  irreparable  injury  to  the  owner  or  other  users  of  such 


equipment,  nor  in  any  substantial  detriment  to  the  serv- 
ice to  be  rendered  by  such  owners  or  other  users. 

Application  on  failure  to  agree.  §614-30.  (§32.)  In 
case  of  failure  to  agree  upon  such  use  or  joint  use  or 
the  conditions  or  compensation  for  such  use  or  joint  use, 
any  public  utility  may  apply  to  the  commission,  and  if 
after  investigation  the  commission  shall  ascertain  that 
the  public  convenience,  welfare  and  necessity  require 
such  use  or  joint  use  and  that  it  would  not  result  in 
irreparable  injury  to  the  owner  or  other  users  of  such 
property  or  equipment,  nor  in  any  substantial  detriment 
to  the  service  to  be  rendered  by  such  owner  or  other 
users  of  such  property  or  equipment,  said  commission 
shall  by  order  direct  that  such  use  or  joint  use  be  per- 
mitted and  prescribe  reasonable  conditions  and  compen- 
sation  for    such   joint   use. 

Conditions  and  compensation.  §614-31.  (§33.)  Such 
use  or  joint  use  so  ordered  shall  be  permitted  and  such 
conditions  and  compensation  so  prescribed  shall  be  the 
lawful  conditions  and  compensation  to  be  observed,  fol- 
lowed and  paid,  subject  to  recourse  to  the  courts  by  any 
interested  party  as  provided  in  this  Act.  Any  such  order 
made  by  the  commission  may  be  revoked  or  from  time 
to  time  revised  by  the  commission. 

Power  to  amend,  alter  or  suspend  schedule  of  rates. 
§614-32.  (§34.)  The  commission  shall  have  power,  when 
deemed  by  it  necessary  to  prevent  injury  to  the  business 
or  interests  of  the  public  or  any  public  utility  of  this 
State  in  case  of  any  emergency  to  be  judged  by  the  com- 
mission, to  temporarily  alter,  amend,  or  with  the  consent 
of  the  public  utility  concerned  suspend  any  existing 
rates,  schedules  or  order  relating  to  or  affecting  any 
public  utility  or  part  of  any  public  utility  in  this  State. 
Such  rates  so  made  by  the  commission  shall  apply  to  one 
or  more  of  the  public  utilities  in  this  State  or  to  any  ' 
portion  thereof  as  may  be  directed  by  the  commission, 
and  shall  take  effect  at  such  time  and  remain  in  force 
for  such  length  of  time  as  may  be  prescribed  by  the  com- 
mission. 

Construction  accounts.  §  614-33.  (§  35.)  The  commis- 
sion shall  keep  informed  of  all  new  construction,  exten- 
sions and  additions  to  the  property  of  such  public  utili- 
ties and  may  prescribe  the  necessary  forms,  regulations 
and  instructions  to  the  officers  and  employes  of  such 
public  utilities  for  the  keeping  of  construction  accounts, 
which  shall  clearly  distinguish  all  operating  expenses  and 
new  construction. 

Standard  units.  §614-34.  (§36.)  The  commission  shall 
ascertain  and  prescribe  suitable  and  convenient  standard 
commercial  units  of  the  product  or  service  of  any  public 
utility,  when  the  character  of  its  product  or  service  is 
such  that  it  can  be  determined  and  such  units  shall  be 
the  lawful  units  for  the  purposes  of  this  Act. 

Report,  etc.  §614-35.  (§37.)  Each  such  utility  shall 
furnish  to  the  commission  in  such  form  and  at  such 
times  as  the  commission  may  require  such  accounts,  re- 
IKjrts  and  information  as  shall  4how  completely  and  in 
detail  the  entire  operation  of  the  public  utility  in  furnish- 
ing the  unit  of  its  product  or  service  to  the  public. 

Standards  of  measurement.  §614-36.  (§38.)  The  com- 
mission may  ascertain  and  fix  adequate  and  serviceable 
standards  for  the  measurement  of  quality,  pressure,  initial 
voltage  or  other  condition  pertaining  to  the  supply  or 
quality  or  the  product  or  service  rendered  by  any  public 
utility  and  prescribe  reasonable  regulations  for  examina- 
tion and  testing  of  such  product  or  servics  and  for  the 
measurements  thereof.  It  may  establish  reasonable  rules, 
regulations,  specifications  and  standards  to  secure  the 
accuracy  of  all  meters  and  appliances  for  measurements, 
and  every  public  utility  is  required  to  carry  into  effect 
all  orders  issued  by  the  commission  relative  thereto. 

Examination  and  test.  §614-37.  (§39.)  The  commis- 
sion may  provide  for  the  examination  and  testing  of  any 
and  all  appliances  used  for  the  measurement  of  any  prod- 
uct or  service  of  a  public  utility.  Any  consumer  or  user 
may  have  any  such  appliance  tested  upon  payment  of  the 
fees  fixed  by  the  commission.  The  commission  may  de- 
clare and  establish  reasonable  fees  to  be  paid  for  testing 
such  appliances  on  the  request  of  the  consumers  or  users, 
the  foes  to  be  paid  by  the  consumer  or  user  at  the  time 
the  request  is  made,  but  to  be  paid  by  the  public  utility 
and  repaid  to  the  consumer  or  user  if  the  appliance  be 


loro 


National  Association  of  Railway  Commissionebs 


found    commercially    defective    or    Incorrect    to    the    dis- 
advantage of  the  consumer  or  user. 

Facts  shall  be  public  and  records  open.  §614-38.  (§40.) 
All  facts  and  information  in  the  possession  of  the  com- 
mission shall  be  public,  and  all  reports,  records,  files, 
books,  accounts,  papers  and  memoranda  of  every  nature 
whatsoever  in  their  possession  shall  be  open  to  inspection 
by  the  public  at  all  reasonable  times,  except  when  the 
commission  shall  determine  it  to  be  necessary  to  with- 
hold for  a  reasonable  time  from  the  public  any  facts  or 
information    in   its   possession. 

Incrimination  no  excuse.  §614-39.  (§41.)  No  person 
shall  be  excused  from  testifying  or  from  producing  ac- 
counts, books  and  papers,  in  any  hearing  before  the  com- 
mission, or  any  member  thereof,  or  any  person  appointed 
by  it  to  investigate  any  matter  or  thing  under  its  juris- 
diction, on  the  ground  or  for  the  reason  that  the  testi- 
mony or  evidence  might  tend  to  incriminate  him,  or 
subject  him  to  a  penalty  or  forfeiture,  but  no  such  person 
shall  be  prosecuted  or  subjected  to  any  penalty  or  for- 
feiture for,  or  on  account  of,  any  transaction,  matter  or 
thing  concerning  which  he  may  have  testified  or  pro- 
duced any  documentary  evidence;  provided,  that  no  per- 
son so  testifying  shall  be  exempted  from  prosecution  or 
punishment,  for  perjury  in  so  testifying. 

Supplemental  order.  §614-40.  (§42.)  Whenever  any 
rate,  toll,  charge  or  service,  ordered  substituted  by  the 
commission,  shall  be  a  joint  rate,  toll,  charge  or  service, 
and  the  public  utilities  parties  thereto,  fail  to  agree  upon 
the  apportionment  thereof  within  20  days  after  the  serv- 
ice of  such  order,  the  commission  may,  after  hearing, 
make  and  issue  a  supplemental  order  fixing  the  apportion- 
ment of  such  joint  rate,  toll,  charge  or  service  between 
such  public  utilities,  and  the  same  shall  take  effect  of 
its  own  force  as  a  part  of  the  original  order. 

All  orders  take  effect,  when.  §614-41.  (§43.)  All  or- 
ders made  by  the  commission  shall,  of  their  own  force, 
take  effect  and  become  effective  operative  30  days  after 
service  thereof,  unless  a  different  time  be  provided  in  the 
order. 

Railroad  track  connection — Complaint  on  failure — Hear- 
ing—Order— Interchange  of  traffic.  §614-42.  (§44.)  When 
the  tracks  of  a  steam  railroad,  the  tracks  of  an  interurban 
or  suburban  railroad  cross,  connect  or  intersect  and  such 
tracks  are  of  the  same  gauge,  the  companies  owning  such 
roads  may  connect  the  tracks  of  the  roads  so  connecting, 
crossing  or  intersecting,  so  as  to  admit  the  passage  of 
cars  from  one  road  to  the  other  with  facility.  If  any  such 
road  or  roads  fail,  neglect  or  refuse  to  make  such  connec- 
tion, upon  complaint  of  any  party  authorized  by  the  pro- 
visions of  this  chapter  to  file  complaint,  the  commis- 
sion shall  proceed  to  hear.,  and  determine  the  same  in  a 
manner  provided  for  making  investigations,  upon  com- 
plaint. If  upon  such  hearing  the  commission  shall  find  it  is 
practicable  and  reasonably  necessary  to  accommodate  the 
public  to  connect  such  tracks  and  that  when  so  connected, 
it  will  be  practicable  to  transport  over  such  road,  cars 
without  endangering  the  equipment,  tracks  or  appliances 
of  either  company,  then  the  commission  shall  make  an 
order  requiring  such  railroads  to  make  connection,  de- 
scribing the  terms  and  conditions,  and  apportion  the  cost 
thereof  between  the  railroads.  When  such  connection  is 
made,  the  railroads  parties  thereto,  according  to  their  re- 
spective powers,  shall  afford  all  reasonable  and  proper 
facilities  for  the  interchange  of  traffic  between  their  re- 
spective lines  for  forwarding  and  delivering  passengers 
and  property,  and  without  unreasonable  delay  or  discrim- 
ination shall  transfer,  switch  and  deliver  cars,  freight  or 
passenger,  destined  to  a  point  on  its  own  or  connecting 
lines;  but  precedence  may  be  given  to  livestock  and  per- 
ishable freight  over  other  freight.  Whenever  a  derailing 
device  is  required  at  the  intersection  of  any  railroads 
herein  mentioned  the  same  shall  be  installed,  maintained 
and  operated  as  required  by  such  commission,  which  shall 
have  full  power  and  authority  to  prescribe  the  necessary 
rules  and  regulations  for  the  operation  of  the  same,  and 
designate  the  company  or  companies  that  shall  be  respon- 
sible for  the  operation  thereof. 

Rehearing.  §614-43.  (§45.)  Upon  the  application  of 
any  person,  public  utility  or  railroad  aggrieved  thereby, 
the  commission  may,  upon  written  petition  therefor,  filed 
within  30  days  after  any  order  made  by  the  commission 
shall  have  been  entered  upon  its  records,  grant  a  rehear- 


ing of  the  matter  upon  which  such  order  was  based. 
Notice  of  such  rehearing  shall  be  given  as  required  with 
respect  to  original  hearings,  of  the  time  and  place  for 
the  rehearing  thereon.  Upon  such  rehearing  any  party 
may  offer  additional  evidence  which  could  not,  with  rea- 
sonable diligence,  have  been  offered  on  the  former  hear- 
ing. Upon  such  rehearing,  the  commission  may  change, 
modify,  vacate  or  affirm  its  former  order  and  make  and 
enter  such  new  order  as  may  be  deemed  necessary. 

Power  of  municipalitu  to  fix  rates,  etc. — Complaint — 
Hearing.  §614-44.  (§46.)  Any  muniiipal  corporation  ia 
which  any  public  utility  is  established,  may,  by  ordinance, 
at  any  time  within  one  year  before  the  expiration  of  any 
contract  entered  into  under  the  provisions  of  §§  3G44,  3982 
and  3983  of  the  general  code  between  the  municipality 
and  such  public  utility  with  respect  to  the  rate,  price, 
charge,  toll  or  rental  to  be  made,  charge,  demanded,  col- 
lected or  exacted,  for  any  commodity,  utility  or  service, 
by  such  public  utility,  or  at  any  other  time  authorized 
by  law  proceed  to  fix  the  price,  rate,  charge,  toll  or  rental 
that  such  public  utility  may  charge,  demand,  exact  or  col- 
lect therefor  for  an  ensuing  period,  as  provided  in  §  §  3(i44, 
3982  and  3983  of  the  general  code.  Thereupon,  the  com- 
mission, upon  complaint  m  writing  of  such  public  util  ty, 
or  upon  complaint  of  one  per  centum  of  the  electors  of 
such  municipal  corporation,  which  complaints  shall  be 
filed  within  60  days  after  the  passage  of  such  ordinacce, 
shall  give  30  days'  notice  of  the  filing  and  pendency  of 
such  complaint  to  the  public  utility  and  th<j  mayor  of 
such  municipality,  of  the  time  and  place  of  the  hear  ug 
thereof,  and  which  shall  plainly  state  the  matters  jud 
things  complained  of. 

Accepted  rate  becomes  operative,  when.  If  any  pul  lie 
utility  shall  have  accepted  any  rate,  price,  charge,  toll  or 
rental  fixed  by  ordinance  of  such  municipality,  the  sa  ne 
shall  become  operative,  unless  within  60  days  after  si  ch 
acceptance  there  shall  have  been  filed  with  the  comn  is- 
sion,  a  complaint,  signed  by  not  less  than  three  per  cent  im 
of  the  qualified  electors  of  such  municipality.  Upon  si  ch 
filing  the  commission  shall  forthwith  give  notice  of  ihe 
filing  and  pendency  of  such  complaint  to  the  mayor  of  si  ch 
municipality  and  fix  a  time  and  place  for  the  heariig^ 
thereof.  The  commission  shall,  at  such  time  and  pla  ;e, 
proceed  to  hear  such  complaint,  and  may  adjourn  the  ht 


I 


ing  thereof  from  day  to  day. 

Effect  of  complaint  by  utility.  The  filing  of  a  compla 
by  a  public  utility  as  herein  provided,  shall  be  taken  a  ■\d 
held  to  be  the  consent  o'f  such  public  utility  to  continue  to 
furnish  its  product  or  service,  and  devote  its  prope  ty 
engaged  therein  to  such  public  use  during  the  term  so 
fixed  by  ordinance  or  by  the  provisions  of  this  Act.  P  ir- 
ties  thereto  shall  be  entitled  to  be  heard,  represented  'v 
counsel,  and  to  have  process  to  force  the  attendance 
witnesses. 

Rate  will  tiot  be  suspended  or  vacated,  etc.,  with(  ut 
bond.  §614-45.  (§47.)  No  such  complaint  or  appeal  to 
the  commission  shall  suspend,  vacate  or  set  aside  the  ra  e. 
price,  charge,  toll  or  rental  fixed  by  ordinance  unless  stch 
public  utility  shall  elect  to  charge  the  rate,  price,  char  -c. 
toll  or  rental  in  force  and  effect  immediately  prior  to 
the  taking  effect  of  the  regulation  complained  of  and  'i- 
pealed  from,  and  shall  give  an  undertaking  in  such  amoi  iit 
as  the  commission  shall  determine.  The  undertaking  sh  ill 
be  filed  with  the  commission  and  shall  be  payable  to  the 
state  of  Ohio  for  the  use  and  benefit  of  the  consumers 
affected  by  the  regulation  in  question.  The  condition  of 
the  undertaking  shall  be  that  such  public  utility  shall  re- 
fund to  each  of  its  consumers,  public  or  private,  lh« 
amount  collected  by  it  in  excess  of  the  amount  which  shaU 
finally  be  determined  it  was  authorized  to  collect  frcmi 
such  consumers.  The  commission  shall  make  all  nee,;; 
sary  orders  in  respect  to  the  form  of  such  underta^| 
and  the  manner  of  making  such  refunders. 

Finding  as  to  rate — Commission  may  suspend  ordinanc 
§614-46.  (§48.)  If  the  commission,  after  such  heariig, 
shall  be  of  the  opinion  that  the  rate,  price,  charge,  toll  or 
rental  so  fixed  by  ordinance  is  or  will  be  unjust  or  un- 
reasonable or  insufficient  to  yield  reasonable  compensa- 
tion for  the  service,  the  commission  shall,  with  due  re- 
gard to  the  value  of  all  the  property  of  the  public  utility 
actually  used  and  useful  for  the  convenience  of  the  public, 
excluding  therefrom  the  value  of  any  franchise  or  right  to 
own,  operate  or  enjoy  the  same  in  excess  of  the  amount 


'1 

lan^M 


Public  Service  Laws 


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(exclusive  of  any  tax  or  annual  charge)  actually  paid  to 
any  political  subdivision  of  the  State  or  county  as  a  con- 
sideration or  the  grant  of  such  franchise  or  right;  and  ex- 
clusive of  any  value  added  thereto  by  reason  of  a  mon- 
opoly or  merger  and  to  the  necessity  of  making  reserva- 
tions from  the  income  for  surplus,  depreciation  and  con- 
tingencies, and  such  other  matters  as  may  be  proper,  ac- 
cording to  the  facts  in  each  case,  fix  and  determine  the  just 
and  reasonable  rate,  price,  charge,  toll  or  rental  to  be 
charged,  demanded,  exacted  or  collected  by  such  public 
utility,  during  the  period  so  fixed  by  ordinance,  which 
shall  not  be  less  than  two  years,  and  order  the  same  sub- 
stituted for  the  rate,  price,  charge,  toll  or  rental  so  fixed 
by  ordinance  or  the  commission  may  find  and  declare 
that  the  rate,  price,  charge,  toll  or  rental,  so  fixed  by 
ordinance,  is  just  and  reasonable,  and  ratify  and  confirm 
the  same. 

When  effective.  No  such  rate,  price,  charge,  toll  or 
rental  so  determined  by  the  commission  shall  become 
effective  or  valid  until  after  the  commission  shall  have 
ascertained  and  determined  the  valuation  upon .  which 
such  price,  charge,  toll  or  rental  is  based,  as  provided  in 
this  Act.  And  such  valuation  so  determined  shall  be  at 
all  times  open  to  public  inspection.  Thereupon  the  com- 
mission shall  make  inquiry  and  investigation  with  respect 
to  the  ability  of  such  i)ublic  utility  to  furnish  its  product 
during  such  period,  if  it  be  found  that  it  is  able  so  to  do, 
the  commission  shall  order  the  public  utility  in  question 
to  continue  to  furnish  the  same  for  the  period  and  at 
the  rate,  price,  charge,  toll  or  rental  so  fixed  and  de- 
termined, and  such  public  utility  shall  continue  to  furnish 
its  product  as  provided  iu  such  order. 

When  Aet  not  applicable.  S  614-47.  (S49.)  This  Act 
shall  not  apply  to  any  rate,  fare  or  regulation  now  or  here- 
after prescribed  by  any  municipal  corporation  granting  a 
right,  permission,  authority  or  franchise,  to  use  its  streets, 
alleys,  avenues  or  public  places  for  street  railway  or 
street  railroad  purposes  or  to  any  prices  so  fixed  under 
S  §  3644.  3982  and  3983  of  the  general  code  except  as 
provided  in  §§  46,    47  and  48  of  this  Act. 

Annual  report.  S  614-48.  (S50.)  Every  public  utility 
shall  file  with  the  commission,  at  such  times  and  in  such 
form  as  it  may  prescribe,  an  annual  report,  duly  verified, 
covering  the  yearly  period  fixed  by  the  commission.  The 
commission  shall  prescribe  the  character  of  the  informa- 
tion to  be  embodied  in  such  annual  report,  and  shall  fur- 
nish to  each  public  utility  a  blank  form  therefor.  If  any 
such  report  is  defective  or  erroneous,  the  commission  may 
order  the  same  to  be  amended  within  a  prescribed  time. 
Such  annual  reports  shall  be  preserved  in  the  office  of 
the  commission.  The  commission  may,  at  any  time,  re- 
quire specific  answers  to  questions  upon  which  it  may 
desire  information. 

Depreciation  account.  S  614-49.  (S51.)  Every  public 
utility  shall  carry  a  proper  and  adequate  depreciation  or 
deferred  maintenance  account,  whenever  the  commission 
after  investigation  shall  determine  that  a  depreciation  ac- 
count can  be  reasonably  required.  The  commission  shall 
ascertain,  determine  and  prescribe  what  are  proper  and 
adequate  charges  for  depreciation  of  the  several  classes  of 
property  for  each  public  utility.  The  charge  for  deprecia- 
tion shall  be  such  as  will  provide  the  amount  required  over 
and  above  the  cost  and  expense  of  maintenance  to  keep 
the  property  of  the  public  utility  in  a  state  of  eflttciency 
corresponding  to  the  progress  of  the  art  or  Industry.  The 
commission  may  prescribe  such  changes  in  such  charges 
for  depreciation  from  time  to  time  as  it  may  find  neces- 
sary. 

Depreciation  fund.  S  614-50.  (§52.)  The  moneys  for 
depreciation  charges  thus  provided  for  shall  be  set  aside 
out  of  the  earnings  and  carried  as  a  depreciation  fund. 
The  moneys  in  such  fund  may  be  expended  in  new  con- 
struction, extensions  or  additions  to  the  property  of  the 
public  utility,  or  invested,  and  if  invested,  the  income  from 
the  investment  shall  also  be  carried  in  the  depreciation 
fund.  Such  fund  and  the  proceeds  thereof,  may  be  used 
for   the  purpose  of  renewing,  restoring,  replacing  or  sub- 

iiting  depreciated  property  in  order  to  keep  the  plant  in 

late  of  efficiency.  Such  fund  and'the  proceeds  or  in- 
|Come  therefrom  shall  be  used  for  no  purpose  other  .than 
las  provided  in  this  section,  except  upon  the  approval  of  the 
commission. 

I'otrcr   to    require   additions   and   extensions.      §  614-51. 


(§53.)  The  council  of  any  municipality  shall  have  the 
power  upon  filing  of  an  application  therefor  by  any  person, 
firm  -or  corporation,  to  require  of  any  public  utility,  by 
ordinance  or  otherwise,  such  additions  or  extensions  to 
its  distributing  plant  within  such  municipality  as  shall  bo 
deemed  reasonable  and  necessary  in  the  interest  of  the 
public,  and,  subject  to  the  provisions  of  §  9105  of  the  gen- 
eral code,  to  designate  the  location  and  nature  of  all  such 
additions  and  extensions,  the  time  within  which  they  must 
be  completed,  and  all  conditions  under  which  they  must  be 
constructed  and  operated.  Such  requirements  and  orders 
of  the  council  shall  be  subject  to  review  by  the  commis- 
sion, as  provided  in  §  §  46  and  48  hereof.  The  council 
and  commission  in  determining  the  practicability  of  such 
additions  and  extensions,  shall  take  into  consideraton  the 
supply  of  the  product  furnshed  by  such  public  utility  avail- 
able, and  the  returns  upon  the  cost  and  expense  of  con- 
structing said  extension  and  the  amount  of  revenue  to  be 
derived  therefrom,  as  well  as  the  earning  power  of  the 
public  utility  as  a  whole. 

Company  not  permitted  to  crercise  right  of  franchise 
where  another  is  giving  adequate  service.  §  614-52.  (§  54.) 
No  telephone  company  shall  exercise  any  permit,  right, 
license  or  franchise  that  may  have  been  heretofore  granted 
but  not  actually  exercised  or  that  may  hereafter  be  granted 
to  own  or  operate  a  plant  for  the  furnishing  of  any  tele- 
phone service,  thereunder  in  any  municipality  or  locality, 
v.here  there  is  in  operation  a  telephone  company  furnish- 
ing adequate  service,  unless  such  telephone  company  first 
secures  from  the  commission  a  certificate  after  public  hear- 
ing of  all  parties  interested  that  the  exercising  of  such 
license,  permit,  right  or  franchise  is  proper  and  necessary 
for  the  public  convenience. 

Poivcr  to  issue  stocks,  l)onds,  etc.  §614-53.  (§56.)  A 
public  utility  or  a  railroad,  as  defined  in  this  Act,  may, 
when  authorized  by  order  of  the  commission,  and  not 
otherwise,  issue  stocks,  bonds,  notes  and  other  evidences 
of  indebtedness,  payable  at  periods  of  more  than  12  months 
after  date  thereof,  when  necessary  for  the  acquisition  of 
property,  the  construction,  completion,  extension  or  im- 
provement of  its  facilities  or  for  the  improvement  or  main- 
tenance of  its  service,  or  for  the  reorganization  or  read- 
justment of  its  indebtedness  and  capitalization,  or  for  the 
discharge  or  lawful  refunding  of  its  obligations,  or  for  the 
reimbursement  of  moneys  actually  expended  from  income 
or  from  any  other  moneys  in  the  treasury  of  the  public 
utility  or  railroad  not  secured  or  obtained  from  the  issue 
of  stocks,  bonds,  notes  or  other  evidences  of  indebtedness 
of  such  public  utility  or  railroad  within  five  years  next 
prior  to  the  filing  of  an  application  therefor  as  herein  pro- 
vided, or  for  any  of  the  aforesaid  purposes  except  main- 
tenance of  service  and  except  replacements  in  cases  where 
the  applicant  shall  have  kept  its  accounts  and  vouchers 
of  such  expenditures  in  such  manner  as  to  enable  the  com- 
mission to  ascertain  the  amount  of  money  so  expended 
and  the  purposes  for  which  said  expenditure  was  made. 

For  what  commission  may  authorize  issue.  The  com- 
mission may,  by  order  duly  made,  authorize  the  issue  of 
bonds,  notes,  or  other  evidence  of  indebtedness,  for  the 
reimbursement  of  money  heretofore  actually  expended  from 
income  for  any  of  the  aforesaid  purposes,  except  main- 
tenance of  service  and  replacements  prior  to  five  years 
next  preceding  the  filing  of  an  application  therefor,  if  such 
application  for  such  consent  be  made  prior  to  January  1, 
1913. 

Terms.  Provided,  however,  that  it  shall  be  the  duty  of 
the  commission  to  authorize,  on  the  best  terms  obtainable, 
such  issues  of  stocks,  bonds  and  other  evidence  of  in- 
debtedness as  shall  be  necessary  to  enable  any  public 
utility  to  comply  with  the  provisions  of  any  contract  here- 
tofore made  between  such  public  utility  and  any  munici- 
pality. 

Proceedings  to  obtain  authority.  §614-54.  (§57.)  The 
proceedings  for  obtaining  the  consent  and  authority  of 
the  commission  for  such  issue  as  provided  in  the  next 
preceding  section  of  this  Act,  shall  be  as  follows  ^ 

(a)  In  case  the  stocks,  bonds,  notes,  or  other  evidence 
of  indebtedness  are  to  be  issued  for  money  only,  the  public 
utility  or  railroad  shall  file  with  the  commission  a  state- 
ment, signed  and  verified  by  the  president  and  secretary 
thereof,  setting  forth: 

(1)  The  amount  and  character  of  the  stocks,  bonds  or 
other  evidence  of  indebtedness. 


1072 


National  Association  of  Kailway  Commissioners 


(2)  The  purposes  for  which  they  are  to  be  issued. 

(3)  The  terms  upon  which  they  are  to  be  issued. 

(4)  The  total  assets  and  liabilities  of  the  public  utility 
or  railroad  in  such  detail  as  the  commission  may  require. 

(5)  If  the  issue  is  desired  for  the  purpose  of  the  reim- 
bursement of  money  expended  from  income,  as  herein  pro- 
vided, the  amount  expended,  when  and  for  what  purposes 
expended. 

(6)  Such  other  facts  and  information  pertinent  to  the 
Inquiry  as  the  commission  may  require. 

(b)  If  the  stocks,  bonds,  notes  or  other  evidence  of  in- 
debtedness are  to  be  issued,  partly  or  wholly  for  property 
or  services  or  other  consideration  than  money,  the  public 
utility  or  railroad  shall  file  with  the  commission  a  state- 
ment, signed  and  verified  by  its  president  and  secretary, 
setting  forth: 

(1)  The  amount  and  character  of  the  stocks,  bonds  or 
other  evidence  of  indebtedness  proposed  to  be  issued. 

(2)  The  purposes  for  which  they  are  to  be  issued. 

(3)  The  description  and  estimated  value  of  the  prop- 
erty or  services  for  which  they  are  to  be  issued. 

(4)  The  terms  on  which  they  are  to  be  issued  or  ex- 
changed. 

(5)  The  amount  of  money,  if  any,  to  be  received  from 
the  same  in  addition  to  the  property,  service  or  other  con- 
sideration. 

(6)  The  total  assets  and  liabilities  of  the  public  util- 
ity or  railroad  in  such-  detail  as  the  commission  may  re- 
quire. 

(7)  Such  other  facts  and  information  pertinent  to 
the  inquiry  as  the  commission  may  require.  Provided, 
however,  that  this  section  or  the  preceding  section  shall 
not  apply  to  union  depot  companies  heretofore  organized, 
and  under  contract  until  the  same  are  completed. 

Hearings — Order — Application  of  proceeds — Issue  with- 
out authority  void.  §614-55.  (§58.)  For  the  purpose  of 
enabling  the  commission  to  determine  whether  it  should 
issue  such  order,  it  shall  hold  such  hearings,  make  such 
inquiries  or  investigation,  examine  such  witnesses,  books, 
papers,  documents  and  contracts  as  it  may  deem  proper. 
The  order  of  the  commission  shall  fix  the  amount,  char- 
acter and  terms  of  any  such  issue,  and  the  purposes  to 
which  the  issue  or  any  proceeds  thereof  shall  be  applied, 
and  recite  that  the  money,  property,  consideration  or 
labor  procured  or  to  be  procured  or  paid  for  by  such  issue, 
has  been,  or  is  reasonably  required  for  the  purposes  speci- 
fied in  the  order,  and  the  value  of  any  property,  consid- 
eration or  service  as  the  case  may  be,  as  found  by  the 
commission  for  which  in  whole  or  in  part,  such  issue  is 
proposed  to  be  made.  No  such  public  utility  or  railroad 
shall,  without  the  consent  of  the  commission,  apply  any 
such  issue  or  its  proceeds  to  any  purpose  not  specified  in 
the  order.  Such  public  utilities  or  railroads  may  issue 
notes  for  proper  corporate  purposes,  and  not  in  violation 
of  any  provision  of  this  Act,  payable  at  periods  of  not 
more  than  12  months  without  the  consent  of  the  commis- 
sion, but  no  such  notes  shall,  in  whole  or  in  part,  directly 
or  indirectly,  be  refunded  by  any  issue  of  stocks  or  bonds, 
or  by  any  evidence  of  indebtedness,  running  for  more 
than  12  months  without  the  consent  of  the  commission. 
All  stocks,  bonds,  notes  or  other  evidence  of  indebted- 
ness, issued  by  any  public  utility  or  railroad  without 
the  consent  or  permission  of  the  commission,  as  herein 
provided,  shall  be  void  and  of  no  effect.  No  interstate 
railroad  or  public  utility  shall  be  required,  however,  to 
apply  to  the  commission  for  authority  to  issue  stock, 
bonds,  notes  or  other  evidence  of  indebtedness  for  the 
acquisition  of  property,  the  construction,  completion,  ex- 
tension or  improvement  of  its  facilities  or  the  improve- 
ment or  maintenance  of  its  service  outside  the  State, 
or  for  the  discharge  or  refunding  of  obligations  issued 
or  incurred  for  such  purposes  or  for  reimbursement  of 
moneys  actually  expended  for  such  purposes  outside  of 
the  State. 

Public  utility  in  hands  of  receiver,  etc.,  exempt  from  this 
Act.  §614-^6.  (§59.)  Where  a  public  utility  or  railroad 
is,  at  the  time  this  Act  takes  effect,  in  the  possession 
of  one  or  more  receivers,  or  its  property  is  under  fore- 
closure, and  a  reorganization  thereof  is  pending,  any 
new  company  or  companies  that  may  hereafter  be  organ- 
ized to  acquire  such  property  or  any  part  thereof,  shall 
be  exempt  from  all  the  provisions  of  this  Act  with 
respect  to   the  issue  of  bonds,  stocks   and   evidences   of 


debt;  provided,  that  the  total  debts,  obligations  and 
securities  of  such  new  or  reorganized  company  or  com- 
panies, exclusive  of  bonds,  obligations,  stocks  and  other 
securities  that  may  be  issued  or  authorized  for  addi- 
tional capital  shall  not  exceed  the  debts,  obligations, 
stocks  and  other  securities  of  the  existing  company  or 
companies;  and  provided  further,  that  from  and  after 
its  organization  and  the  issue  of  such  bonds,  obligations, 
stocks  and  other  securities  as  hereby  permitted,  all  the 
provisions  of  this  Act  shall  apply  to  such  new  or  re- 
organized  company   or   companies. 

Penalty  for  false  statement.  §614-57.  (§60.)  Any 
director,  president,  secretary,  manager,  oflJcer  or  other 
ofiicial  of  any  public  utility  or  railroad  who  shall  know- 
ingly make  any  false  statement  to  secure  the  issue  of 
any  stock,  bond,'  note  or  other  evidence  of  indebtedness, 
or  who  shall,  by  such  false  statement,  procure  the  order 
cf  the  commission  for  the  issue  of  any  stock,  bond,  note 
or  other  evidence  of  indebtedness,  or  issue  with  knowl- 
edge of  such  fraud,  negotiate,  or  cause  to  be  negotiated, 
any  such  stock,  bond,  or  other  evidences  of  indebtedness 
in  violation  of  this  Act,  shall,  upon  conviction  thereof, 
be  fined  not  less  than  $500,  or  be  imprisoned  in  tlie 
penitentiary  for  not  less  than  one  year  or  more  thin 
10  years. 

Dividend  must  be  authorized.  §614-58.  (§61.)  No 
public  utility  or  railroad  shall  declare  any  stock,  bond  or 
scrip  dividend  or  divide  the  proceeds  cf  the  sale  of  a  ly 
stock,  bond,  or  scrip  among  its  stockholders,  unless 
authorized  by  the  commission  so  to  do. 

Capitalization.  §614-59.  (§62.)  The  commission  sh. ill 
not  have  power  to  authorize  the  capitalization  of  a  ly 
franchise  or  right  to  own,  operate  or  enjoy  any  fn  n- 
chise  whatsoever  in  excess  of  the  amount  (exclusi/e 
of  any  tax  or  annual  charge)  actually  paid  to  any  )  o- 
litica]  subdivision  of  the  State  or  county  as  the  cons  d- 
eration  for  the  grant  of  such  franchise  or  right,  nor 
shall  the  capital  stock  of  a  corporation  formed  by  t  le 
merger  or  consolidation  of  two  or  more  corporatiois 
exceed  the  sum  of  the  capital  stock  of  the  corporaiti  )n 
or  corporations  so  consolidated  or  merged,  at  the  lar 
value  thereof,  and  such  sum  or  any  additional  si  m 
actually  paid  in  cash;  nor  shall  any  contract  for  c(  n- 
solidation  or  lease  be  capitalized  in  the  stock  of  a  ly 
corporation  whatever;  nor  shall  any  such  corporation  he  e- 
after  issue  any  bonds  against  or  as  a  lien  upon  any  ci  n- 
tract  for  consolidation  or  merger,  nor  shall  the  aggregi  te 
amount  of  the  debt  of  such  consolidated  companies  by  r  a- 
son  of  such  consolidation  be  increased. 

Consent  and  approval  of  commission.  §614-60.  (§•! 
With  the  consent  and  approval  of  the  commission,  1 1 
not  otherwise.  \  ] 

(a)  Any  two  or  more  public  utilities,  furnishing  _ 
like  service  cr  product  and  doing  business  in  the  sa  ne 
municipality  or  locality  within  this  State,  or  any  two  or 
more  public  utilities  whose  lines  intersect  or  para!  lei 
each  other  within  this  State,  may  enter  into  contra  ;t8 
with  each  other  that  will  enable  such  public  utilities  to 
operate  their  lines  or  plants  in  connection  with  ei  ch 
other. 

(b)  Any  public  utility  may  purchase,  or  lease  he 
property,  plant  or  business  of  any  other  such  pul  lie 
utility. 

(c)  Any  such  public  utility  may  sell  or  lease  its 
property  or   business  to  any  other   such   public   utilitj . 

(d)  Any  such  public  utility  may  purchase  the  stuck 
of  any  other  such  public  utility. 

The  proceedings  for  obtaining  the  consent  and  ap- 
proval of  the  commission  for  such  authority,  shall  be  as 
follows: 

Petition — Hearing.     There  shall  be  filed  with  the  cam- 
mission  a  petition,  joint   or   otherwise,   as   the   case   nay 
be,    signed    and    vei  ified    by    the   president    and    secretary   ] 
of    the    respective    companies,    clearly    setting    forth    the   ; 
object   and    purposes   desired,    stating   whether    or   nol    It  \ 
is  for  the   purchase,    sale,   lease   or   making   of   contrf.cts  j 
or   for   any   other   purpose   in   this    section   provided,   and   I 
also  the  terms   and  conditions   of  the   same.     The  com-  ' 
mission    shall,    upon    the    filing    of    such    petition,    if    it   I 
deem   the   same  necessary,   fix   a   time   and   place   for  the   1 
hearing    thereof.     If,    after    such    hearing   or   in    case   no 
hearing    is    required,    the    commission    is    satisfied    that 


'  a- 

I 


Public  Service  Laws 


1073 


the  prayer  of  such  petition  should  be  granted  and  the 
public  will  thereby  be  furnished  adequate  service  for  a 
reasonable  and  just  rate,  rental,  toll,  or  charge  therefor, 
it  shall  make  such  order  in  the  premises  as  it  may 
deem  proper  and  the  circumstances  require,  and  there- 
upon it  shall  be  lawful  to  do  the  things  provided  for  in 
such  order. 

Merger— Petition— Order.  §614-61.  (§64.)  With  the 
consent  and  approval  of  the  commission,  but  not  ether- 
wise,  any  two  or  more  telephone  companies,  defined  in 
this  Act,  and  doing  business  in  this  State  or  partly 
within  and  partly  without  this  State,  may  consolidate 
with  each  other,  when  such  telephone  companies  shall 
have  complied  with  the  orders  and  requirements  of  the 
commission  and   the  provisions  of  this   Act. 

Such  telephone  companies  shall  file  with  the  commis- 
sion a  joint  petition  for  such  consolidation,  signed  and 
verified  by  the  president  and  secretary  of  the  respective 
companies,  in  which  shall  be  set  forth,  in  detail,  all 
of  the  terms,  conditions  and  proceedings  pertaining  to 
such  consolidation  and  in  such  form  as  the  commission 
may  require,  and  thereupon  the  commission  shall  fix  a 
time  and  place  for  the  hearing  of  such   petition. 

If,  after  such  hearing,  the  commission  is  satisfied 
that  such  consolidation  will  promote  public  convenience, 
and  will  furnish  the  public  adequate  service  for  a  reason- 
able rate,  rental,  toll  or  charge  therefor,  it  shall  make 
an  order  authorizing  such  consolidation,  which  order,  be- 
fore taking  effect,  shall  be  filed  with  the  secretary  of 
State.  Other  procedings  relating  to  such  consolidation 
shall  be  in  the  manner  and  with  the  effect,  not  incon- 
sistent with  the  provisions  of  this  Act,  as  is  provided 
for  in  the  consolidation  of  railroad  companies  under  the 
laws  of  this   State. 

Valuation,  rates,  etc.  No  consolidation,  purchase,  lease 
or  contract  by  which  two  or  more  telephone  companies 
merge  or  operate  their  lines  or  plants  jointly,  or  in 
connection  with  each  other,  shall  become  valid  or  effect- 
ive until  after  the  commission  shall  have  ascertained  and 
determined  the  valuation  as  provided  in  this  Act  upon 
which  the  rates,  tolls,  charges  and  rentals  are  based  and 
also  shall  have  fixed  and  determined  such  rates,  tolls, 
charges   and   rentals   so   to   be   charged. 

All  valuations  so  ascertained  and  determined  shall  be 
at  all  times  open  to  public  inspection. 

Certain  contracts  void.  §614-62.  (§65.)  AH  such  con- 
tracts, leases,  purchases,  sales  or  consolidations  not 
made  pursuant  to  the  provisions  of  this  Act  or  contrary 
hereto  shall  be  void  and  of  no  effect. 

Power  to  form  continuous  Hue.  §614-63.  (§66.)  The 
commission  shall  have  the  power,  upon  complaint,  in 
writing,  by  any  person,  or  on  its  own  initiative,  by  order, 
to  require  any  two  or  more  telephone  companies  whose 
lines  or  wires  form  a  continuous  line  of  communication, 
or  could  be  made  to  do  so  by  the  construction  and 
maintenance  of  suitable  connections  or  the  joint  use 
of  equipment,  or  the  transfer  of  messages  at  common 
points,  between  different  localities  which  cannot  be  com- 
municated with  or  reached  by  the  lines  of  either  com- 
pany alone,  where  such  service  is  not  already  estab- 
lished or  provided  for,  unless  public  necessity  requires 
additional  service,  to  establish  and  maintain  through  lines 
within  the  State  between  two  or  more  such  localities. 
The  joint  rate  or  charges  for  such  service  shall  be  just 
and  reasonable  and  the  commission  shall  have  power  to 
establish  the  same,  and  declare  the  portion  thereof  to 
which  each  company  affected  thereby  shall  be  entitled 
and  the  manner  in  which  the  same  shall  be  secured  and 
paid.  All  necessary  construction,  maintenance  and  equip- 
ment in  order  to  establish  such  service  shall  be  con- 
structed and  maintained  in  such  manner  and  under  such 
rules,  with  such  division  of  expense  and  labor  as  shall 
or  may  be  required  by   the  commission. 

Penalty  on  failure  to  comply  with  orders.  §  614-64. 
(§67.)  Every  public  utility  or  railroad  and  every  oflScer 
thereof  shall  obey,  observe  and  comply  with  every  order, 
direction  and  requirement  of  the  commission,  made  under 
authority  of  this  Act,  so  long  as  the  same  shall  be  and  re- 
main in  force.  Any  public  utility  or  railroad  herein  defined 
which  violates  any  provision  of  this  Act,  or  which  after  due 
notice  fails,  omits  or  neglects  to  obey,  observe  or  comply 


with  any  order  or  any  direction  or  requirement  of  the  com- 
mission officially  promulgated,  shall  forfeit  and  pay  to  the 
State  not  to  exceed  $1,000  for  each  such  failure,  omission 
or  neglect  and  each  day's  continuance  thereof  shall  be 
deemed  and  held  to  be  a  separate  offense. 

Penalty—Officer.  §614-65.  (§68.)  Whoever  being  an 
officer,  agent  or  employe  in  an  official  capacity  of  a  public 
utility  or  railroad  defined  in  this  Act,  knowingly  violates 
any  provision  of  this  Act,  or  wilfully  fails,  omits  or  neglects' 
to  obey,  observe  or  comply  with  any  lawful  order  or  direc- 
tion of  the  commission  made  with  respect  to  any  public 
utility  or  railroad,  shall  be  fined  not  less  than  $100  nor 
more  than  $1,000,  or  imprisoned  not  more  than  two  years, 
or  both,  and  each  day's  continuance  of  such  failure,  omis- 
sion or  neglect  shall  constitute  a  separate  offense. 

To  recover  penalty.  §614-66.  (§69.)  Actions  to  re- 
cover penalties  and  forfeitures  provided  for  in  this  Act, 
shall  be  prosecuted  in  the  name  of  the  State  and  may  be 
brought  in  the  Court  of  Common  Pleas  of  any  county  in 
which  the  public  utility  or  railroad  may  be  located.  Such 
action  shall  be  commenced  and  prosecuted  by  the  attorney- 
general,  when  directed  so  to  do  by  the  commission.  Moneys 
recovered  by  such  action  shall  be  dei)osited  in  the  State 
treasury  to  the  credit  of  the  general  revenue  fund. 

Mandamus — Injunction.  §614-67.  (§70.)  Whenever  the 
commission  shall  be  of  the  opinion  that  any  public  utility 
or  railroad  has  failed,  omitted  or  neglected  to  obey  any 
order  made  with  respect  thereto,  or  is  about  to  fail  or 
neglect  so  to  do,  or  is  permitting  anything,  or  about  to 
permit  anything  contrary  to,  or  in  violation  of  law,  or 
an  order  of  the  commission,  duly  authorized  under  the 
provisions  of  this  Act,  the  attorney-general,  upon  the  re- 
quest of  the  commission,  shall  commence  and  prosecute 
such  action,  actions  or  proceedings  in  mandamus  or  by 
injunction  in  the  name  of  the  State,  as  may  be  directed 
by  the  commission,  against  such  public  utility  or  railroad, 
alleging  the  violation  complained  of  and  praying  for  proper 
relief,  and  in  such  case  the  court  may  make  such  order  as 
may  be  proper  in  the  premises. 

Treme  damages.  §614-68.  (§71.)  If  any  public  utility 
or  railroad  does,  or  causes  to  be  done,  any  act,  matter  or 
thing  prohibited  by  this  Act,  or  declared  to  be  unlawful, 
or  shall  omit  to  do  any  act,  matter  or  thing  required  by 
this  Act,  or  by  order  of  the  commission,  such  public 
utility  or  railroad  shall  be  liable  to  the  person,  firm  or 
corporation  injured  thereby,  in  treble  the  amount  of  dam- 
ages sustained  in  consequence  of  such  violation,  failure 
or  omission;  provided,  that  any  recovery  under  this  sec- 
tion shall  in  no  manner  affect  a  recovery  by  the  State  for 
any  penalty  provided  for  in  this  Act. 

Action  to  vacate  order,  etc.  §614-69.  (§72.)  A  public 
utility  or  railroad  or  other  party  in  interest,  dissatisfied 
with  an  order  of  the  commission  fixing  or  substituting  or 
confirming  any  fare,  toll,  price,  rate,  charge,  rental,  sched- 
ule or  classification,  or  any  order  fixing  or  substituting  or 
confirming  any  regulation,  practice,  act  or  service  or  any 
other  order,  finding,  determination,  direction  or  require- 
ment of  the  commission,  may  commence  an  action  in  the 
Court  of  Common  Pleas  of  Franklin  county  or  of  the  county 
in  which  is  located  the  principal  office  of  the  public  utility 
or  railroad  within  60  days  after  such  order  is  made, 
against  the  commission  as  defendant,  to  vacate  and  set 
aside  such  order  on  the  ground  that  the  fare,  toll,  price, 
rate,  charge,  rental,  schedule  or  classification  fixed  in 
such  order  is  unlawful  or  unreasonable,  or  that  the  regula- 
tion, practice,  act  or  service,  fixed  in  such  order,  is  unlaw- 
ful or  unreasonable;  or  that  the  order,  finding,  determina- 
tion, direction  or  requirement  of  the  commission  is  unlaw- 
ful or  unreasonable;  in  which  action  summons  may  be  is- 
sued to  any  county  or  counties  in  this  State  and  there 
served  upon  the  adverse  parties.  Such  action  shall  pro- 
ceed as  provided  in  §§  544,  545,  54G,  547,  548,  549,  550,  551, 
552  of  the  general  code,  which  sections  shall  apply  to 
public  utilities  with  the  same  force  and  effect  as  to 
railroads. 

Suspension  of  order,  when— Bond.  §614-70.  (§73.) 
Upon  the  commencement  of  any  such  action,  the  operation 
of  the  order,  finding,  determination,  direction  or  require- 
ment complained  of  shall  not  be  suspended  until  the  de- 
termination of  said  action,  unless  the  court  or  a  judge 
thereof,  after  notice  of  and  hearing,  shall  otherwise  order 
and  the  court  or  judge  thereof  may,  after  hearing,  fix 
the  terms  and  conditions  for  the  suspension  of  said  order. 


1074 


National  Association  of  Railway  Commissioners 


finding,    determination,    direction    or    requirement    or   any 
part  tliereof. 

Provided,  however,  that  the  commencement  of  such 
action  to  vacate  and  set  aside  any  order  of  the  com- 
mission with  respest  to  any  fare,  toll,  price,  rate,  charge 
or  rental  shall  vacate  and  suspend  the  order  of  the  com- 
mission sought  to  he  vacated,  if  such  public  utility  or 
railroad  shall  elect  to  charge  the  fare,  toll,  price,  rate, 
charge  or  rental  in  force  and  effect  immediately  prior  to 
the  entering  of  such  order  of  the  commission,  and  shall 
give  an  undertaking  in  such  amount  as  the  court  shall  de- 
termine. The  undertaking  shall  "be  filed  with  the  court  ond 
shall  be  payable  to  the  State  of  Ohio  for  the  use  and  bene- 
fit of  the  users  affected  by  the  order  of  the  commission. 
The  condition  of  the  undertaking  shall  be  that  the  public 
utility  or  railroad  shall  refund  to  each  of  such  users, 
public  or  private,  the  amount  collected  by  it  in  excess  of 
the  amount  which  shall  finally  be  determined  it  was  author 
Ized  to  collect  from  such  users.  The  court  shall  make  all 
necessary  orders  in  respect  to  the  form  of  such  undertak- 
ing and  the  manner  of  making  such  refunders. 

Service  of  order.  §614-71.  (§74.)  Every  order  pro- 
vided for  in  this  Act  shall  be  served  upon  every  person 
or  corporation  to  be  affected  thereby,  either  by  personal 
delivery  or  a  certified  copy  thereof,  or  by  mailing  a  certi- 
fied copy  thereof,  in  a  sealed  package  with  postage  prepaid, 
to  the  person  to  be  affected  thereby,  or  in  the  case  of  a 
corporation,  to  any  oiflcer  or  agent  thereof,  upon  whom  a 
summons  may  be  served.  It  shall  be  the  duty  of  every  per- 
son and  corporation  to  notify  the  commission  forthwith, 
in  writing,  of  the  receipt  of  the  certified  copy  of  every 
order  so  served,  and  in  the  case  of  a  corporation  such 
notification  must  be  signed  and  acknowledged  by  a  per- 
son or  officer  duly  authorized  by  the  corporation  to  admit 
such  service.  Within  a  time  specified  in  the  order  of  the 
commission  every  person  or  corporation  upon  whom  it  is 
served  must,  if  so  required  in  the  order,  notify  the  com- 
mission in  like  manner  whether  the  terms  of  the  order  are 
accepted   and   will   be  obeyed. 

Free  service  or  reduced  rates  valid,  when.  §  614-72. 
(§75.)  Nothing  in  this  Act  contained  shall  prevent  any 
public  utility  or  railroad  from  granting  the  whole  or  any  part 
of  its  property  for  any  public  purpose,  or  granting  reduced 
rate  or  free  service  of  any  kind  to  the  United  States 
government,  the  State  government  or  any  political  division 
or  subdivision  thereof,  or  for  charitable  purposes  or  for 
fairs  or  expositions  or  to  any  officer  or  employe  of  such 
public  utility  or  railroad  or  his  family  and  all  contracts 
and  agreements  made  or  entered  into  by  such  public  utility 
or  railroad  for  such  use,  reduced  rates  or  free  service 
shall  be  valid  and  enforeible  at  law. 

Limitation.  §614-73.  (§76.)  No  franchise,  permit, 
license  or  right  to  own,  operate,  manage  or  control  any 
public  utility,  herein  defined  as  an  electric  light  company, 
gas  company,  waterworks  company  or  heating  and  cooling 
company,  shall  be  hereafter  granted  or  transferred  to 
any  corporation  not  duly  incorporated  under  the  laws  of 
Ohio. 

§614-74.  (§77.)  Companies  formed  to  acquire  property 
or  to  transact  business  which  would  be  subjected  to  the 
provisions  of  this  Act,  and  companies  owning  or  possess- 
ing franchises  for  any  of  the  purposes  contemplated  in  this 
Act,  shall  be  deemed  and  held  to  be  subject  to  the  pro- 
visions of  this  Act,  although  no  property  may  have  been 
acquired,  business  transacted  or  franchises  exercised. 

Act  of  agent  is  act  of  principal.  §  614-75.  (§78.)  The 
act,  omission  or  failure  of  any  officer,  agent  or  other  per- 
son, acting/for  or  employed  by  a  public  utility  or  railroad, 
while  acting  within  the  scope  of  his  employment,  shall  be 
deemed  and  held  to  be  the  act  of  failure  of  the  public 
utility  or  railroad. 

Seal.  §31-2.  (§79.)  The  commission  shall  have  an 
official  seal  which  shall  be  one  inch  and  three-quarters  in 
diameter,  with  such  design  as  the  commission  may  pre- 
scribe engraved  thereon,  and  surrounded  by  the  words, 
"The  Public  Service  Commission  of  Ohio,"  with  which 
Its  proceedings  shall  be  authenticated  and  of  which  the 
courts  shall  take  judicial  notice. 

Fees.  §614-76.  (§80.)  The  commission  shall  charge 
and  collect  for  furnishing  any  copy  of  any  paper,  rec- 
ord, testimony  or  writing  made,  taken  or  filed  under  the 
provisions  of  this  Act,  except  such  transcripts  and  other 
papers  as  are  required  to  be  filed  in  any  court  proceed- 


ings herein  authorized,  whether  under  seal  and  certified 
to  or  otherwise,  the  same  fees  now  charged  by  the  secre- 
tary of  State,  and  such  fees  itemized  shall  be  paid  into 
the  State  treasury  on  the  first  day  of  each  month.  Upon 
application  of  any  person,  and  payment  of  the  proper  fee 
therefor,  the  commission  shall  furnish  certified  copies  un- 
der the  seal  of  the  commission,  of  any  order  made  by  it, 
which  shall  be  prima  facie  evidence  in  any  court  of  the 
facts  stated  therein.  The  copies  of  schedules  and  classi- 
fications and  tariffs  of  rates,  tolls,  prices,  rentals,  regula- 
tions, practices,  services,  fares  and  charges,  and  of  all 
contracts,  agreements  and  arrangements  between  public 
utilities  and  railroads,  or  either,  filed  with  the  commission 
as  herein  provided,  and  the  statistics,  tables  and  figures 
contained  in  the  annual  or  other  reports  of  such  companies 
made  to  the  commission  as  required  under  the  provisions 
of  this  Act,  shall  be  preserved  as  public  records  in  the 
custody  of  the  commission  and  shall  be  received  as  prima 
facie  evidence  of  what  they  purport  to  be,  for  the  purpose 
of  investigations  and  prosecutions  by  the  commission  and 
in  all  judicial  proceedings;  and  copies  of  and  extracts  from 
any  of  such  schedules,  classifications,  tariffs,  contracts, 
agreements,  arrangements,  or  reports,  made  public  records 
as  aforesaid,  certified  by  the  commission  under  the  sea!  of 
such  commission,  shall  be  received  in  evidence  with  like 
effect  as  the  originals.  Also  copies  of  any  order  made  by 
such  commission  certified  under  the  seal  of  such  comnis- 
sion,  shall  be  furnished  to  any  person  upon  application. 

Information  furnished  hy  commission.  §614-77.  (§11.) 
The  comniission  shall,  whenever  called  upon  by  any  officer, 
board  or  commission  now  existing  or  hereafter  createc  in 
the  State  or  any  political  subdivision  thereof,  furnish  iny 
data  or  information  to  such  officer,  board  or  commisnon 
and  shall  aid  or  assist  any  such  officer,  board  or  comi  lis- 
sion  in  performing  the  duties  of  his  or  its  office,  and  all 
officers,  boards  or  commissions  now  existing  or  herea  ter 
created  in  the  State  or  any  political  subdivision  ther  !of, 
shall  furnish  to  the  commission,  upon  request,  any  (  ata 
or  information  which  will  assist  such  commission  in  the 
discharge  of  the  duties  imposed  upon  it  by  this  Act. 

Costs  and  expenses.  §614-78.  (§82.)  If  the  com  ais- 
son  after  investigating  shall  find  that  any  rate,  joint  r  ite, 
fare,  charge,  toll,  rental,  schedule  or  classification  of  S'  rv- 
ice  is  unjust,  unreasonable  and  insufficient  or  unjustly  lis- 
criminatory  or  unjustly  preferential  or  in  violation  of  law 
or  otherwise  in  violation  of  any  provisions  of  this  Ac  or 
that  any  service  is  inadequate  or  cannot  be  obtained  the 
public  utility  found  to  be  at  fault  shall  pay  the  expense:  in- 
curred by  the  commission  upon  such  investigation. 

All  fees,  expenses  and  costs  of  or  in  connection  ■  .ith 
any  hearing  or  investigation  may  be  imposed  by  the  ( om- 
mission  upon  any  party  to  the  record,  or  may  be  div  ded 
between  any  or  all  parties  to  the  record  in  such  propoiJon 
as  the  commission  may  determine. 

Penalty  for  icilful  over  or  under  valuation.  §  61 1-79. 
(§  83.)  Whoever,  being  a  member  of  the  comniission,  s  hall 
wilfully  overvalue  the  property  of  a  public  utility  for  the 
purpose  of  enabling  such  public  utility  to  exact  a  hi  ;her 
rate  for  service  than  could  lawfully  be  exacted,  or,  !  hall 
wilfully  undervalue  such  property  for  the  purpose  of  pre- 
venting such  public  utility  from  charging  a  lawful  rati  for 
such  service  shall  be  fined  not  to  exceed  $1,000  or  b«  im-i 
prisoned  not  more  than  two  years  or  both. 

Report  to  governor.  §614-80.  (§84.)  The  commii  siorj 
shall  annually  as  early  as  the  15th  day  of  December,  nak€ 
and  deliver  to  the  governor,  a  full  report  of  the  operi.tioii 
and  execution  of  all  laws  which  it  is  herein  required  to 
administer,  for  the  year  ending  November  15th,  i,50C 
copies,  which  shall  be  printed  in  book  form  for  the  use  0l 
the  general  assembly  and  the  public.  In  addition  thereto 
it  shall  make  such  recommendations  to  the  general  assem 
bly  as  it  may  from  time  to  time  deem  proper. 

Assistants,  appointment  and  approval — Salaries  and  ex 
penses.     §614-81.     (§85.)     The  commission  may  appoin'  ; 
secretary,  and  such  number  of  assistants,  clerks,  exi'i 
accountants,  examiners,   inspectors  and   stenographers 
in  its  opinion  may  be  necessary,  and  fix  their  compt 
tlon,   which  shall  be  paid  out  of  the  State  treasury  ii 
the  warrant  of  the  auditor  upon  presentation  of  vouc: 
signed  by  the  chairman  and  secretary  of  the  commis: 
But  all  appointments,  salaries  and  compensations  shall  D' 
first  approved   by  the  governor.     The  commissioners  am 


Public  Service  Laws 


1075 


their  assistants,  shall  receive  from  the  State  their  actual 
and  necessary  expenses  while  traveling  on  the  business 
of  the  commission.  An  itemized  statement  of  such  ex- 
penses must  be  sworn  to  by  the  person  who  incurred  .them, 
and  such  statement  shall  be  filed  with  the  commission  and 
approved  by  it  before  payment  is  made. 

Sections  and  parts  independent.  §614-82.  (§86.)  Each 
section  of  this  Act,  and  every  part  thereof,  is  hereby  de- 
clared to  be  independent  sections  and  parts  of  sections 
and  the  holding  of  any  section  or  part  thereof  to  be  void 
or  ineffective  for  any  cause,  shall  not  be  deemed  to  affect 
any  other  section  or  part  thereof. 

Salary.  §  62250-2.  (§87.)  Each  of  the  members  of  the 
commission  shall  receive  an  annual  salary  of  $6,000,  pay- 
able in  the  same  manner  as  the  salaries  of  other  State 
(officers  are  paid. 

Annual  expense  limit  $73,000.  §614-83.  (§88.)  The 
total  annual  expenditures  of  the  commission  shall  not  ex- 
ceed the  sum  of  $75,000,  in  addition  to  such  sum  or  sum3 
as  may  be  derived  under  §  606  of  the  general  code. 

Repeal.  §  89.  That  said  original  §  §  501  and  502  and 
1 606  of  the  general  code  be  and  the  same  are  hereby 
repealed. 

When  in  effect.  §  90.  This  Act  shall  take  effect  and  be 
jn  force  from  and  after  June  30th,  1911. 

Passed  May  31st,  1911. 

This  bill  was  presented  to  the  governor  on  June  2,  1911, 
and  was  not  signed  or  returned  to  the  house  wherein  it 
originated  within  10  days  after  being  so  presented,  ex- 
clusive of  Sundays  and  the  day  said  bill  was  presented, 
and  was  filed  in  the  office  of  the  secretary  of  State,  June 
21.  1911. 

OHIO  TAX  COMMISSION  ACT  OP  1911. 
(Ohio  Session  Laws,  1911,  page  224.) 

A.N-  Act  to  repeal  §  §  5446  to  5542-8,  inclusive,  and  5542-10  to 
5542-24,  inclusive,  of  the  general  code,  as  enacted  May 
10,  1910   (101  Ohio  L.,  399),  relating  to  the  tax  com- 
mission of  Ohio  and  to  further  define  its  powers  and 
duties. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio: 
I        Appointment — Term  six  years.    Code  §  1465-1.   Between 
!  the  first   day  and   the  second   Monday  of  February,   1913, 
and  biennially  thereafter,  the  governor  shall  appoint  one 
member  of  the  tax  commission  of  Ohio  for  the  term  of  six 
years  from  the  second  Monday  of  February  of  such  year. 

Removal.  §  1465-2.  The  governor  shall  at  any  time  re- 
move any  commissioner  for  inefficiency,  neglect  of  duty 
or  malfeasance  in  office. 

Entire  time  of  officers  required.  §  1465-3.  Each  com- 
missioner and  each  employe  shall  devote  his  entire  time 
to  the  duties  of  his  office,  and  shall  not  hold  any  position 
of  trust  or  profit,  engage  in  any  occupation  or  business 
interfering  with  or  inconsistent  with  his  duty  as  such  com- 
missioner or  employe,  or  serve  on  or  under  any  committee 
of  any  political  party. 

Continuous  session — Record  of  proceedings.  §  1465-4. 
The  commission  shall  be  in  continuous  session  and  open 
for  the  transaction  of  business  during  all  the  business 
hours  of  each  and  every  day,  excepting  Sundays  and  legal 
holidays.  All  sessions  shall  be  open  to  the  public,  and 
sessions  of  the  commission  shall  stand  and  be  adjourned 
without  further  notice  thereof  on  its  records.  All  of  the 
proceedings  of  the  commission  shall  be  shown  on  its  record 
of  proceedings,  which  shall  be  a  public  record,  and  all 
voting  shall  be  by  calling  each  member's  name  by  the  sec- 
retary and  each  member's  vote  shall  be  recorded  on  the 
record  of  proceedings  as  cast. 

Oath.  §  1465-5.  Before  entering  upon  the  duties  of  his 
office  each  commissioner  shall  take  and  subscribe  the  con- 
stitutional oath  of  office  and  shall  swear  or  affirm  that  he 
holds  no  other  office  of  profit,  or  any  position  under  any 
committee  of  a  political  party;  which  oath  or  affirmation 
shall  be  filed  in  the  office  o£  the  governor. 

Salary.  §  2250-1.  Each  of  said  commissioners  shall  re- 
ceive an  annual  salary  of  $5,000,  payable  in  the  same  man- 
ner as  salaries  of  State  officers  are  paid. 

Quorum — Hearings,  decisions,  orders,  etc.  §  1465-6.  A 
majority  of  the  commission  shall  constitute  a  quorum  to 
transact  business,  and  any  vacancy  shall  not  impair  the 


right  of  the  remaining  commissioners  to  exercise  all  the 
powers  of  the  commission  so  long  as  a  majority  remains. 
Any  investigation,  inquiry  or  hearing  which  the  commis- 
sion is  authorized  to  hold  or  undertake  may  be  held  or 
undertaken  by  or  b.efore  any  one  member  of  the  commis- 
sion. All  investigations,  inquiries,  hearings,  and  decisions 
of  the  commission,  and  every  order  made  by  a  commis- 
sioner, when  approved  and  confirmed  by  the  commission, 
and  so  shown  on  its  record  of  proceedings  shall  be  deemed 
to  be  the  order  of  the  commission. 

Seal.  §  31-1.  The  commission  shall  have  an  official 
seal,  with  the  words  "The  Tax  Commission  of  Ohio"  and 
such  other  design  as  the  commission  may  prescribe  en- 
graved thereon,  by  which  it  shall  authenticate  its  pro- 
ceedings and  of  which  the  courts  shall  take  judicial  notice. 

Place  of  office.  §  1465-7.  The  commission  shall  keep  its 
office  in  the  city  of  Columbus,  and  shall  provide  a  suit- 
able room  or  rooms,  necessary  office  furniture,  supplies, 
books,  periodicals  and  maps.  All  necessary  expenses 
shall  be  audited  and  paid  as  other  expenses  are  audited 
and  paid.  The  commission  may  hold  sessions  at  any  place 
within  the  State. 

Secretary,  examiners,  clerks,  etc.  §  1465-8.  The  com- 
mission is  authorized  to  employ  a  secretary,  examiners, 
experts,  clerks,  accountants,  stenographers  and  other  as- 
sistants and  to  fix  their  compensation.  Such  employ- 
ments and  compensation  therefor  shall  be  first  approved 
by  the  governor.  The  commissioners,  secretary,  experts, 
clerks,  accountants,  stenographers  and  other  assistants 
that  may  be  employed  shall  be  entitled  to  receive  from 
the  State  their  actual  and  necessary  expenses  while 
traveling  on  the  business  of  the  commission.  Such  ex- 
penses shall  be  itemized  and  sworn  to  by  the  person 
who  incurred  the  expense  and  allowed  by  the  commission. 

Attorney-general  or  prosecuting  attorney  shall  aid  i7i 
investigations  or  hearings.  §  1465-9.  Upon  the  request  of 
the  commission  the  attorney-general,  or  under  his  direc- 
tion, the  prosecuting  attorney  of  any  county,  shall  aid 
in  any  investigation,  hearing  or  trial  had  under  the  laws 
w^hich  the  commission  is  required  to  administer,  and  to 
institute  and  prosecute  all  necessary  actions  or  proceed- 
ings for  the  enforcement  of  such  laws,  and  for  the 
punishment  of  all  violations  thereof,  arising  within  the 
county  in  which   he   was   elected. 

Rules  and  regulations.  §  1465-10.  The  commission  shall 
adopt  reasonable  and  proper  rules  and  regulations  to 
govern  its  proceedings  and  to  regulate  the  mode  and 
manner  of  all  valuations  of  real  or  personal  property, 
apportionments,  investigations,  inspections  and  hearings 
not  otherwise  specifically  provided  for. 

To  confer  u-ith  other  tax  officers.  §  1465-11.  The  com- 
mission may  confer  and  meet  with  officers  of  other  States 
and  officers  of  the  United  States  on  any  matter  per- 
taining to  Its  official  duties. 

Inspection  of  books,  records,  etc.  S  1465-12.  To  carry 
out  the  purposes  of  the  laws  which  it  is  required  to 
administer,  the  commission,  or  any  commissioner,  or  any 
person  or-  persons  employed  by  the  commission  for  that 
purpose,  shall,  upon  demand,  have  the  right  to  inspect 
books,  accounts,  records  and  memoranda  of  any  company, 
firm,  corporation,  person,  association,  copartnership  or 
public  utility,  subject  to  the  provisions  of  such  laws,  and 
to  examine  under  cath  any  officer,  agent  or  employe 
of  any  such  company,  firm,  corporation,  person,  associa- 
tion, copartnership  or  public  utility.  Any  person,  other 
than  one  of  such  commissioners,  who  shall  make  such 
demand,  shall  produce  his  authority  to  make  such  in- 
spection. — 

Power  to  require  production  of  books,  etc.,  by  order  or 
subpoena.  §  1465-13.  The  commission  may  require,  by  or- 
der or  subpoena,  to  be  served  on  any  such  company, 
firm,  corporation,  person,  association,  copartnership  or 
public  utility,  in  the  same  manner  that  a  summons  is 
served  in  a  civil  action  in  the  Court  of  Common  Pleas, 
the  production,  within  this  State,  at  such  time  and  place 
as  it  may  designate,  of  any  books,  accounts,  papers  or 
records  kept  by  it  in  any  office  or  place  within  or  with- 
out the  State  of  Ohio,  or  verified  copies  in  lieu  thereof, 
if  the  commission  shall  so  order,  in  order  that  an  ex- 
amination thereof  may  be  made  by  the  commission  or 
under   its    direction.      Any   such    company,    firm,    corpora- 


10T6 


National  Association  of  Railway  Commissioners 


tion,  person,  association,  copartnership  or  public  utility, 
failing  or  refusing  to  comply  with  any  such  order  or 
subpoena,  shall,  for  each  day  it  so  fails  or  refuses,  forfeit 
and  pay  into  the  State  treasury  a  sum  of  not  less  than 
$50  nor   more   than   $500. 

Agent.  §  1465-14.  For  the  purpose  of  making  any  in- 
vestigation with  regard  to  any  ccmpany,  firm,  corpora- 
tion, person,  association,  copartnership  or  public  utility, 
subject  to  the  provisions  of  the  laws  which  the  com- 
mission is  required  to  administer,  the  commission  shall 
have  power  to  appoint,  by  an  order  in  writing,  an  agent, 
whose   duties    shall    be    prescribed    in    such    order. 

Powers  of  agent.  §  1465-15.  In  the  discharge  of  his 
duties  such  agent  shall  have  every  power  whatsoever 
of  an  inquisitorial  nature  granted  by  law  to  the  com- 
mission and  the  same  powers  as  a  notary  public,  with 
regard  to  the  taking  of  depositions;  and  all  powers  given 
by  law  to  a  notary  public  relative  to  depositions  are 
hereby  given  to  such  agent. 

Penalty  for  disclosure  of  information.  1 1465-16.  Ex- 
cept in  his  report  to  the  commission,  or  when  called 
on  to  testify  in  any  court  or  proceeding,  any  such  agent 
who  shall  divulge  any  information  acquired  by  him  in 
respect  to  the  transactions,  property  or  business  of  any 
company,  firm,  corporation,  person,  association,  copart- 
nership, or  public  utility,  while  acting,  or  claiming  to 
act,  under  such  order,  shall  be  fined  not  less  than  $50 
nor  more  than  $100,  and  shall  thereafter  be  disqualified 
from  acting  as  agent  or  in  any  other  capacity  under  the 
appointment  or   employment  of  the  commission. 

Decision.  §1465-17.  The  commission  may  conduct  any 
number  of  such  investigations,  contemporaneously,  through 
different  agents,  and  may  delegate  to  any  agent  the 
taking  of  all  testimony  bearing  upon  any  investigation 
or  hearing.  The  decision  of  the  commission  shall  be 
based  upon  its  examination  of  all  testimony  and  rec- 
ords. The  recommendations  made  by  an  agent  shall  be 
advisory  only,  and  shall  not  preclude  the  taking  of  fur- 
ther testimony,  if  the  commission  so  order,  nor  further 
investigation. 

Returns  and  answers  by  firm,  company,  corporation,  etc. 
§  1465-18.  Each  company,  firm,  corporation,  person,  asso- 
ciation, copartnership  or  public  utility,  shall  furnish  the 
commission  in  the  form  of  returns  prescribed  by  it  all 
information  required  by  law,  and  all  other  facts  and 
information,  in  addition  to  the  facts  and  information  in 
this  Act  specifically  required  to  be  given,  which  the 
commission  may  require  to  enable  it  to  carry  into  effect 
the  provisions  of  the  laws  which  the  commission  is  re- 
quired to  administer,  and  shall  make  specific  answers 
to  all   questions   submitted   by  the   commission. 

Reason  in  writing  for  failure  to  answer.  §  1465-19.  Any 
Buch  company,  firm,  corporation,  person,  association,  co- 
partnership or  public  utility,  receiving  from  the  com- 
mission any  blanks  with  directions  to  fill  them,  shall 
cause  them  to  be  properly  filled  out  so  as  to  answer 
fully  and  correctly  each  question  therein  propounded, 
and  in  case  it  is  unable  to  answer  any  question,  it  shall, 
in  writing,  give  a  good  and  sufficient  reason  for  such 
failure. 

Verification  of  ansxvers.  S  1465-20.  The  answers  to  such 
questions  shall  be  verified  under  oath  by  such  person 
or  by  the  president,  secretary,  superintendent,  general 
manager,  principal  accounting  officer,  partner  or  agent, 
and  returned  to  the  commission  at  its  office,  within  the 
period   fixed  by   the  commission. 

Who  empowered  to  administer  oath.  §  1465-21.  Each 
commissioner,  the  secretary  and  every  agent  provided 
for  in  this  Act,  for  the  purposes  therein  mentioned,  shall 
have  power  to  administer  oaths,  certify  to  official  acts, 
issue  subpoenas,  compel  the  attendance  of  witnesses  and 
the  production  of  books,  accounts,  papers,  records,  docu- 
ments  and   testimony. 

Proceedings  for  contempt,  for  refusal  or  disobedience. 
§  1465-22.  In  case  of  disobedience  on  the  part  of  any  per- 
son or  persons,  to  comply  with  an  order  of  the  com- 
mission or  a  commissioner,  or  subpoena,  or  on  the  re- 
fusal of  a  witness  to  testify  to  any  matter  regarding 
which  he  may  be  lawfully  interrogated  before  the  com- 
mission, or  its  agents,  authorized  as  provided  by  law, 
the  Court  of  Common  Pleas  of  the  county  in  which  the 


person  resides,  or  a  judge  thereof,  on  application  of  a 
commissioner,  shall  compel  obedience  by  attachment  pro- 
ceedings as  for  contempt,  as  in  the  case  of  disobedience 
of  the  requirements  of  a  subpoena  issued  from  such 
court  or  a  refusal  to  testify  therein. 

Fees,  mileage,  etc.  §1465-23.  Each  officer  who  serves  a 
summons  or  subpoena  shall  receive  the  same  fees  as  a 
sheriff,  and  each  witness  who  shall  appear  before  the 
commission,  by  its  order,  shall  receive  for  his  attendance 
the  fees  and  mileage  now  provided  for  witnesses  in 
civil  cases  in  courts  of  Common  Pleas,  which  shall  do 
audited  and  paid  by  the  State  in  the  same  manner  as 
other  expenses  are  audited  and  paid,  upon  the  presenta- 
tion of  proper  vouchers  approved  by  the  chairman  of 
the  commission.  No  witness  subpoenaed  at  the  instance 
of  parties  other  than  the  commission,  shall  be  entitled 
to  compensation  from  the  State  for  attendance  or  travel, 
unless  the  commission  shall  certify  that  his  testimony 
was  material  to  the  matter  investigated. 

Fees.  §  1465-24.  A  person  who  shall  appear  before  the 
commission,  by  its  order,  with  respect  to  the  appraise- 
ment of  property  in  any  taxing  district,  shall  be  allowed 
and  paid  out  of  the  treasury  of  the  proper  county,  il  an 
officer  of  any  such  taxing  district  or  a  member  of  any 
annual  or  quadrennial  county  board  of  equalization  or 
county  board  of  revision,  or  city  board  of  review,  his 
actual  and  necessary  traveling  expenses,  such  expe  ises 
to  be  itemized  and  sworn  to  by  the  person  who  incu:'red 
the  expense;  and  if  other  than  any  such  officer  or  n  em- 
ber of  any  such  board,  he  shall  receive  for  his  attsnd- 
ance  the  fees  and  mileage  provided  in  the  next  preced- 
ing section.  Such  traveling  expenses  and  witness  feee 
shall  be  audited  and  paid  out  of  the  county  treasur  ■  ol 
the  proper  connty.  In  the  same  manner  as  other  expe  ises 
are  audited  and  paid,  upon  the  presentation  of  a  ce  tifi 
cate  from  the  commission  certifying  to  the  fact  of  )  uct 
attendance. 

Depositions.  §  1465-25.  In  an  Investigation  the  com  mis 
sion,  or  any  party,  may  cause  deixjsitions  of  witnei  ses 
residing  within  or  without  the  state,  to  be  taken  in  the 
manner  prescribed  by  law  tor  like  depositions  In  ;ivil 
actions  in  courts  of  Common  Pleas. 

Stenographer's  copy  of  testimony  and  proceedings  i  hali 
be  received  in  evidence.  §  1465-26.  A  transcribed  cop  •'  ol 
the  evidence  and  proceedings,  or  any  specific  part  tl  ere 
of,  on  any  investigation,  taken  by  the  stenogra  hei 
appointed  by  the  commission,  being  certified  by  ucb 
stenographer  to  be  a  true  and  correct  transcript  o)  ali 
the  testimony  on  the  investigation,  or  of  a  partic  alai 
witness,  or  of  a  specific  part  thereof,  carefully  comp  ire<J 
by  him  with  his  original  notes,  and  to  be  a  coi  reel 
statement  of  the  evidence  and  proceedings  had  on  ucl 
investigations  so  purporting  to  he  taken  and  transcr:  bed 
shall  be  received  in  evidence  with  the  same  effect  i  s  it 
such  reporter  were  present  and  testified  to  the  1  acts 
so  certified.  A  copy  of  such  transcript  shall  be  fur 
nished  on  demand  to  any  party  upon  the  payment  ol  tl? 
fee-  therefor,  as  provided  for  transcripts  in  cour^i 
common  pleas.  "j  I 

Production  of  testimony.  §1465-27.  No  person  sha, 
excused  from  testifying  or  from  producing  accounts,  b  joks 
and  papers  in  any  proceedings  based  upon  or  growing  oui 
of  any  violation  of  the  provisions  of  the  laws  w  hid 
the  commission  is  required  to  administer,  on  the  gr  )unc 
or  for  the  reason  that  the  testimony  or  evidence,  <locii 
mentary  or  otherwise,  required  of  him,  may  tend  t )  in 
criminate  him  or  subject  him  to  penalty  or  forfeiture 
but  no  person  having  so  testified  shall  be  prosecuted  oi 
subjected  to  any  penalty  or  forfeiture  for,  or  on  account 
of  any  transaction,  matter  or  thing  concerning  whicii  h( 
may  have  testified,  or  produced  any  documentary 
dence;  but  no  i>erson  so  testifying  shall  be  exen 
from  prosecution  or  punishment  for  perjury  in  so  .esu 
fying. 

Blanks.     §1465-28.     The  commission  shall  cause  io  b< 
prepared    suitable    blanks    for   carrying   out   the   pur: 
of   the   laws   which   it   is   required   to   administer,  and, 
application,   furnish   such   blanks   to   each   company,   firm: 
corporation,   person,   association,   co-partnership   or   publli 
utility,   subject   thereto. 

Extension  of  time.  The  commission,  when  it  deems  th< 
same  necessary  or  advisable,  may  extend  to  any  corpora 


fur 

i 


Public  Seuvice  Laws 


1077 


tion  or  public  utility  a  further  specified  time  not  to 
exceed  90  days  witliin  whicli  to  file  any  report  required 
by  law  to  be  filed  with  the  commission,  in  which  event 
the  attaching  or  taking  effect  of  any  penalty  for  failure 
to  file  such  report  or  pay  any  tax  or  fee  shall  be  extended 
or   postponed   accordingly. 

Other  information.  §  1465-29.  If  any  company,  firm, 
corporation,  person,  association,  co-partnership  or  public 
utility,  subject  to  the  provisions  of  this  Act,  fails  or 
refuses  to  make  out  and  deliver  to  the  commission  any 
statement  required  by  law,  or  furnish  the  commission 
with  any  information  requested,  the  commission  shall  in- 
form itself  as  best  it  may  on  the  matters  necessary  to 
be  known  in  order  to  discharge  its  duties. 

Service.  §  1465-30.  Every  order  or  notice,  service  of 
which  is  required,  shall  be  served  upon  the  person  or 
corporation  to  be  affected  thereby,  either  by  personal 
delivery  of  a  certified  copy  thereof,  or  by  mailing  a 
certified  copy  thereof,  by  registered  mail,  to  the  person 
to  be  affected  thereby,  or  in  case  of  a  corporation,  to 
any  oflficer  or  agent  thereof  upon  whom  a  summons  may 
be  served.  Within  the  time  specified  in  the  order  of 
the  commission  every  person  or  corporation  upon  whom 
it  is  served,  if  so  required  by  the  order,  shall  notify  the 
commission,  in  like  manner,  whether  the  terms  of  the 
order  are  accepted  and  will  be  obeyed. 

Injuncti07i.  §  1465-31.  No  injunction  shall  issue  sus- 
pending or  staying  any  order,  determination  or  direction 
of  the  commission,  or  any  action  of  the  auditor  of  state, 
treasurer  of  state,  or  attorney-general,  required  by  law 
to  be  taken  in  pursuance  of  any  such  order,  determina- 
tion or  direction,  but  nothing  herein  shall  affect  any  right 
or  defense  in  any  action  to  collect  any  tax  or  penalty. 

Mandamus.  §  1465-32.  In  addition  to  the  other  reme- 
dies provided  for  by  law  for  the  prevention  and  punishment 
of  any  violation  of  the  laws  which  it  is  required  to  ad- 
minister, and  the  orders  of  the  commissions,  the  provi- 
sions of  such  laws  and  such  orders  may  upon  the  appli- 
cation of  the  commission  be  enforced  by  proceedings  in 
mandamus,  injunction  or  other  appropriate  proceeding. 
Powers  of  old  boards.  §  1465-33.  All  powers,  duties  and 
privileges  imposed  and  conferred  upon  any  State  board, 
which  board  was  abolished  or  its  powers  in  whole  or  in 
part  conferred  upon  the  tax  commission  of  Ohio,  by  an 
Act  of  the  general  assembly,  passed  May  10,  1910,  or 
any  power  or  duty  theretofore  conferred  upon  any  State 
or  county  officer  or  board,  which  power  and  duty  by 
such  Act  was  conferred  upon  such  commission,  is  here- 
by imposed  and  conferred  upon  the  commission  created 
by   such    Act. 

Provided,  further,  that  the  auditor  of  State,  treasurer 
of  State,  attorney-general  and  secretary  of  State  shall 
constitute  a  board  of  appraisers  and  assessors  with  the 
^lOwer  to  appoint  boards  of  review  in  municipalities  as 
provided  in  §  S  5618  to  5624,  inclusive,  of  the  general 
code. 

Transcript  of  records  for  commission.  §  1465-34.  When 
called  upon  by  any  officer,  board  or  commission,  now 
existing  or  hereafter  created,  of  the  State  or  any  polit- 
ical division  thereof,  the  commission  shall  furnish  any 
data  or  information  to  such  officer,  board  or  coramis- 
Blon,  and  shall,  so  far  as  possible,  aid  and  assist  such 
officer,  board  or  commission  in  performing  the  duties 
of  his  or  its  oflice.  All  State,  county  and  local  officers 
shall  make  and  forward  to  the  commission,  upon  its 
written  order,  such  transcripts  of  records,  or  parts  there- 
of and  other  informtaion  on  file  in  their  respective 
Jffices  or  in  their  possession,  as  are  deemed  necessary 
iy  the  commission  to  properly  and  effectually  carry 
nto  operation  the  provisions  of  the  laws  which  the  com- 
nlssion    is   required   to   administer. 

Report  to  povernor  and  general  assembly.  §  1465-35. 
Annually,  on  or  before  the  fifteenth  day  of  December,  the 
iomraission  shall  make  and  deliver  to  the  governor  a  full 
■eport  of  the  operation  and  execution  of  all  laws  which 
t  Is  required  to  administer,  1,000  copies  of  which  shall 
le  printed  in  book  form  for  the  use  of  the  general  as- 
lembly  and  the  public.  The  commission  shall  report 
o  the  governor  and  general  assembly  its  recommenda- 
ions  of  such  changes  and  alterations,  as,  in  its  opinion, 
hould  be  made  in  the  tax  laws  of  the  State. 
Definitions.     §  1435-36.     The  term  "commission"  or  the 


terra  "tax  commission,"  when  used  in  this  Act  or  in 
the  laws  which  the  commission  is  required  to  administer, 
means  the  tax  commission  of  Ohio.  The  term  "commis- 
sioner"  means   one  of  the   members  of  such  commission. 

CHAPTER  5.  GENERAL  CODE  OF  OHIO. 

RAILROAD  AND  SUHTTRUA.X   AND  INTERURHAN   ELECTRIC  ROADS. 

"Public  Utility"  defined.  §  5415.  The  term  "public  util- 
ity," as  used  in  this  Act,  means  and  embraces  each  cor- 
poration, company,  firm,  individual  and  association,  their 
lessees,  trustees  or  receivers  elected  or  appointed  by  any 
authority  whatsoever,  and  herein  referred  to  as  express 
company,  telephone,  company,  telegraph  company,  sleep- 
ing car  company,  freight  line  company,  equipment  com- 
pany, electric  light  company,  gas  company,  natural  gas 
company,  pipe  line  company,  waterworks  company,  mes- 
senger company,  signal  company,  messenger  or  signal 
company,  union  depot  company,  water  transportation 
company,  heating  company,  cooling  company,  street  rail- 
road company,  railroad  company,  suburban  railroad  com- 
pany and  interurban  railroad  company,  and  such  term 
"public  utility"  shall  include  any  plant  or  property 
owned  or  operated,  or  both,  by  any  such  companies,  cor- 
porations,   firms,   individuals   or  associations. 

Definitions.  §  5416.  That  any  person  or  persons,  firm 
or  firms,  co-partnership  or  voluntary  association,  joint 
stock  association,  company  or  corporation,  wherever  or- 
ganized  or   incorporated : 

When  engaged  in  the  business  of  conveying  to,  from, 
or  through  this  State,  or  part  thereof,  money,  packages, 
gold,  silver,  plate  or  other  article,  by  express,  not  in- 
cluding the  ordinary  lines  of  transportation  of  merchan- 
dise  and  property  in   this   State,   is  an   express   company. 

When  engaged  in  the  business  of  transmitting  to, 
from,  through,  or  in  this  State,  telephonic  messages,  is 
a   telephone   company. 

When  engaged  in  the  business  of  transmitting  to,  from, 
through,  or  in  this  State,  telegraphic  messages,  is  a 
telegraph    company. 

When  engaged  in  the  business  of  operating  cars  for 
the  transportation,  accommodation,  comfort,  convenience 
or  safety  of  passengers,  on  or  over  any  railway  line  or 
lines,  in  whole  or  in  part  within  this  State,  such  line 
or  lines  not  being  owned,  leased  or  operated  by  such 
company,  whether  such  cars  be  termed  sleeping,  palace, 
parlor,  chair,  dining  or  buffet  cars,  or  by  another  name, 
is  a  sleeping  car  company. 

When  engaged  in  the  business  of  operating  cars  for 
the  transportation  of  freight,  whether  such  freight  is 
owned  by  such  company,  or  any  other  person  or  com- 
pany, over  any  railway  line  or  lines  in  whole  or  part 
within  this  State,  such  line  or  lines  not  being  owned, 
leased  or  operated,  by  such  company,  whether  such  cars 
be  termed  box,  flat,  coal,  ore,  tank,  stock,  gondola,  fur- 
niture or  refrigerator  cars,  or  by  another  name,  is  a 
freight   line   company. 

When  engaged  in  the  business  of  furnishing  or  leasing 
cars,  of  whatsoever  kind  or  description,  to  be  used  in 
the  operation  of  any  railway  line  or  lines,  wholly  or 
partly  within  this  State,  such  line  or  lines  not  being 
owned,  leased  or  operated,  by  such  company,  is  an  equip- 
ment  company. 

When  engaged  in  the  business  of  supplying  electricity 
for  light,  heat  or  power  purposes,  to  consumers  within 
this  State,  is  an  electric  light  company. 

When  engaged  in  the  business  of  supplying  artificial 
gas  for  lighting  or  heating  purposes,  to  consumers  within 
this  State,  is  a  gas  company. 

When  engaged  in  the  business  of  supplying  natural 
gas  for  lighting,  heating  or  power  purposes,  to  consumers 
within  this  State,  is  a  natural  gas  company. 

When  engaged  in  the  business  of  transporting  natural 
gas  or  oil  through  pipes  or  tubing,  either  wholly  or 
partially  within  this  State,  is  a  pipe  line  company. 

When  engaged  in  the  business  of  supplying  water 
through  pipes  or  tubing,  or  in  a  similar  manner  to  con- 
sumers  within   this   State,   is  a  waterworks   company. 

When  engaged  in  the  business  of  supplying  messengers 
for  any  purpose  is  a  messenger  company. 

When  engaged  in  the  business  of  signaling  or  calling 
by  electrical  apparatus,  or  in  a  similar  manner,  for  any 
purpose  is   a   signal   company. 


1078 


National  Association  of  Railway  Commissioners 


When  engaged  in  the  business  of  operating  a  union 
depot  or  station  for  railroad>  suburban  or  interurban  rail- 
road purposes,  is  a  union  depot  company. 

When  engaged  in  the  transportation  of  passengers  or 
property,  by  boat  or  other  water  craft,  over  any  water- 
way, whether  natural  or  artificial,  from  one  point  within 
this  State  to  another  point  within  this  State,  or  between 
poiats  within  this  state  and  points  without  this  State,  is 
a   water   transportation   company. 

When  engaged  in  the  business  of  supplying  water, 
steam  or  air  through  pipes  or  tubing,  to  consumers 
within  this  State,  for  heating  purposes,  is  a  heating 
company. 

When  engaged  in  the  business  of  supplying  water, 
steam  or  air  through  pipes  or  tubing,  to  consumers 
within  this  State,  for  cooling  purposes,  is  a  cooling  com- 
pany. 

Wien  engaged  in  the  business  of  operating  a  street, 
suburban  or  interurban  railroad  company,  wholly  cr  par- 
tially within  this  State,  whether  cars  used  in  such  busi- 
ness are  propelled  by  animals,  steam,  cable,  electricity, 
or  other  motive  power,  is  a  street,  suburban  or  inter- 
urban   railroad    company. 

When  engaged  in  the  business  of  operating  a  railroad, 
either  wholly  or  partially  within  this  State,  on  rights-of- 
way  acquired  and  held  exclusively  by  such  company,  or 
otherwise,   is  a   railroad   company. 

Gross  receipts.  §  5417.  The  term  "gross  receipts"  shall 
be  held  to  mean  and  include  the  entire  receipts  tor 
business  done  by  any  person  or  persons,  firm  or  firms, 
copartnership  or  voluntary  association,  joint  stock  as- 
sociation, company  cr  corporation,  wherever  organized  or 
incorporated,  from  the  operation  of  any  public  utility,  or 
incidental  thereto  or  in  connection  therewith.  The  gross 
receipts  for  business  done  by  an  incorporated  company, 
engaged  in  the  operation  of  a  public  utility,  shall  be 
held  to  mean  and  include  the  entire  receipts  for  business 
done  by  such  company  under  the  exercise  of  its  cor- 
•■orate  powers,  whether  from  the  operation  of  the  public 
utility  itself  or  from  any  other  business  done  whatsoever. 

Gross  earnings.  S  5418.  The  term  "gross  earnings"  shall 
be  held  to  mean  and  include  the  entire  earnings  for 
business  done  by  any  person  or  persons,  firm  or  firms, 
copartnership  or  voluntary  association,  joint  stock  asso- 
ciation, company  or  corporation,  wherever  organized  or 
incorporated,  from  the  operation  of  any  public  utility,  or 
incidental  thereto,  or  in  connection  therewith.  The  gross 
earnings  for  business  done  by  an  incorporated  company, 
engaged  in  the  operation  of  a  public  utility,  shall  be 
held  to  mean  and  include  the  entire  earnings  for  business 
done  by  such  company  under  the  exercise  of  its  cor- 
porate powers,  whether  from  the  operation  of  tlj,e  public 
utility  itself  or  from  any  other  business  done  whatsoever. 

What  property  taxed.  §  5419.  The  property  owned  or 
operated  by  a  public  utility,  required  to  make  return  to 
the  commission  of  its  property  to  be  assessed  for  taxa- 
tion by  the  commission,  shall  be  deemed  and  held  to 
include  such  utility's  plant  or  plants  and  all  real  estate 
necessary  to  the  daily  operations  of  the  public  utility 
and  all  other  property,  moneys  and  credits  owned  or 
operated,  or  both,  by  it  wholly  or  in  part  within  this 
State,  used  in  connection  with  or  as  incidental  to  the 
operation  of  the  public  utility,  whether  the  same  be  held 
in  common  or  by  the  individuals  operating  such  public 
utility.  In  the  case  of  incorporated  companies,  all  the 
real  estate,  personal  property,  moneys  and  credits  owned 
and  held  by  such  corporation  within  this  State  in  the 
exercise  of  its  corporate  powers,  or  as  incidental  thereto, 
whether  such  property,  or  any  portion  thereof,  is  used 
in  connection  with  such  public  utility  business  or  net, 
shall  be  conclusively  deemed  and  held  to  be  the  property 
of  such  public  utility. 

Exceptions.  §5420.  (§44.)  Each  public  utility,  as  de- 
fined in  this  Act,  except  express,  telegraph  and  telephone 
companies,  shall  annually,  on  or  before  the  first  day  of 
March,  make  and  deliver  to  the  tax  commission  of  Ohio, 
in  such  form  as  the  commission  may  prescribe,  a  state- 
ment, with  respect  to  such  utility's  plant  or  plants,  and 
all  property  owned  or  operated,  or  both,  by  it  wholly  or 
in  part  within  this  State. 

Statement  under  oath.  §5421.  (§45.)  Such  statement 
shall    be   signed    and   sworn    to    under   the   oath   of    the 


person  constituting  such  public  utility,  if  a  person,  or 
under  the  oath  of  the  president,  secretary,  treasurer, 
superintendent,  or  principal  accounting  officer  or  person 
of  such  firm,  association  or  corporation,  if  a  firm,  asso- 
ciation or  corporation. 

Shall  contain,  what.  §5422.  (§46.)  Such  statement 
shall  contain: 

Name — 1.    The  name  of  the  company. 

Nature — 2.  The  nature  of  the  company,  whether  a 
person  or  persons,  firm,  association  or  corporation,  and 
under  the  laws  of  what  State  or  country  organized. 

Location — 3.    The  location  of  its  principal  office. 

Officers — 4.  The  name  and  postofflce  address  of  the 
president,  secretary,  auditor  or  the  principal  accounting 
officer  or  person,  treasurer,  and  superintendent  or  gen- 
eral  manager. 

Manager — 5.  The  name  and  postofflce  address  of  the 
chief  officer  or  managing  agent  cf  the  companv  In  this 
State. 

Utock—  S.     The  number  of  shares  of  the  capital  stcck. 

Par  value — 7.  The  par  value  and  market  value,  or  if 
there  is  no  market  value,  the  actual  value  of  its  shares 
of  stock  on  the  first  day  of  the  month  of  January  in 
which  the  statement  is  made;  the  amount  of  capital 
stock  subscribed,  and  the  amount  thereof,  actus  lly 
paid  in. 

Real  estate,  value  and  separate  statement.  8.  A  detailfcd 
statement  of  the  real  estate  owned  by  the  company  in 
this  State,  where  situated,  and  the  value  thereof  as 
assessed  for  taxation,  making  separate  statements  of  tiat 
part  used  in  connection  with  the  daily  operations  of  he. 
company,  and  that  part  used  otherwise,  if  any  si  oh 
there  be. 

Personal  property  inventory  and  statement.  9.  An  in- 
ventory of  the  personal  property,  including  moneys,  in- 
vestments and  credits,  owned  by  the  company,  in  t  lis 
State,  on  the  first  day  of  the  month  of  January  in  wh  ch 
the  statement  is  made,  where  situated,  and  the  va  ue 
thereof,  making  separate  statements  cf  that  part  used  in 
connection  with  the  daily  operations  of  the  company,  i  nd 
that   part  used  otherwise,  if   any   such   there  be. 

Property  outside  of  State.  10.  The  total  value  of  he 
real  estate  owned  by  the  company  and  situated  outs  de 
of  this  State,  making  separate  statements  of  that  p  irt 
used  in  connection  with  the  daily  operations  of  the  c<  m- 
pany,  and  that  part  used  otherwise,  if  any  such  there    je. 

Personal  property  outside  the  Stale.  11.  The  tt  cal 
value  of  the  personal  property  owned  by  the  compi  ny 
and  situated  outside  of  this  State,  making  separate  sti  te- 
ments  of  that  part  used  in  connection  with  the  df  ily 
operations  of  the  company,  and  that  part  used  otl  er- 
wise,  if  any  such  there  be. 

Bonded  indebtedness.  12.  The  total  amount  of  oon.  ed 
indebtedness  and  of  indebtedness  not  bonded;  the  gr  iss 
receipts  tor  the  preceding  calendar  year  from  any  i  nd 
all  sources,  and  the  gross  expenditures  for  the  preced  ng 
calendar  year. 

Statement  hy  street  and  other  railroad  companies.  13. 
In  the  case  of  street,  suburban  or  interurban  railr  )ad 
companies,  and  railroad  companies,  such  statements  si  all 
also  give: 

(a)  The  whole  length  of  their  lines  and  the  length 
of   so    much    of   their   line    as    is    without    and    is    witliin 
this   state,   including   branches   in   and    out   of   the    St  ite, 
which    shall   include   lines   and    branches   such   compai  ieS-- 
control  and   use   under  lease  or   otherwise. 

(b)  The  railway  track  in  each  county  in  the  Stite, 
through  which  it  runs,  giving  the  whole  number  of  mile ;  of  : 
road  in  the  county,  including  the  track  and  its  branches 
and  side  and  second  tracks,  switches,  and  turnouts  therein 
and  the  true  and  actual  value  per  mile  of  such  railvay 
in  each  county,  stating  the  valuation  of  main  track,  sec- 
ond or  other  main  tracks,  branches,  sidings,  switches 
and  turnouts,  separately. 

(c)  Such  statement  as  to  character,  classes,  number, 
amounts,  values,  locations,  ownership  or  control  and  use 
of  rolling  stock,  as  the  commission  may  require. 

(d)  The  depots,  station  houses,  section  houses,  freight 
houses,  machine  and  repair  shops  and  machinery  therein, 
and   all  other  buildings,  structures  and   appendages  con- 


Public  Service  Laws 


1079 


nected  thereto  or  used  therewith,  including  tool  houses, 
and  the  tools  usually  kept  therein,  together  with  tele- 
graph and  telephone  lines  owned  or  used,  and  the  true 
and  actual  value  of  all  buildings  and  structures,  and  all 
such  machinery,  tools  and  appendages,  including  such 
telegraph  and  telephone  lines,  and  the  true  and  actual 
value  thereof  in  each  county  in  this  State  in  which  it  is 
located. 

(e)  The  gross  earnings  for  the  year,  including  earn- 
ings from  telegraph  lines,  which  shall  be  stated  sep- 
arately, on  the  whole  length  of  the  road,  including  the 
branches  thereof,  in  and  out  of  the  State,  and  also  such 
earnings  within  this  State  on  way  freight  and  passengers. 

Pipe  line,  gas  and  other  companies.  14.  In  case  of  pipe 
line,  gas,  natural  gas,  waterworks  and  heating  or  cooling 
companies,  such  statement  shall  also  show: 

(a)  The  number  of  miles  of  pipe  line  owned,  leased 
or  operated  within  this  State,  the  size  or  sizes  of  the 
pipe  composing  such  line,  and  the  material  of  which 
such  pipe  is  made. 

(b)  It  such  pipe  line  be  partly  within  and  partly 
without  this  State,  the  whole  number  of  miles  thereof 
within  this  State  and  the  whole  number  of  miles  without 
this  State,  including  all  branches  and  connecting  lines 
in  and  out  of  this  State. 

(c)  The  length,  size  and  true  and  actual  value  of 
such  pipe  line  in  each  county  of  this  State,  including  in 
such  valuation  the  main  line,  branches  and  connecting 
lines,  and  stating  the  different  value  of  the  pipe  sep- 
arately. 

(d)  Its  pumping  stations,  machine  and  repair  shops 
and  machinery  therein,  tanks,  storage  tanks  and  all 
other  buildings,  structures  and  appendages  connected  or 
used  therewith,  including  telegraph  and  telephone  lines 
and  wires,  and  the  true  and  actual  value  of  all  such 
stations,  shops  tanks,  buildings,  structures,  machinery  and 
appendages  and  of  such  telegraph  and  telephone  lines, 
and  the  true  and  actual  value  thereof  in  each  county  in 
this  State  in  which  it  is  located,  and  the  number  and 
value  of  all   tank  cars,   tanks,  barges,   boats   and   barrels. 

Assessment,  when  made.  S  5423.  On  the  second  Mon- 
day of  June  of  each  year,  the  commission  shall  ascertain 
and  assess,  at  its  true  value  in  money,  all  the  property 
in  this  State  of  each  such  public  utility,  subject  to  the 
provisions  of  this  Act,  other  than  express,  telegraph  and 
telephone  companies. 

Hoic  assessment  shall  6e  made.  §  5424.  In  determining 
the  value  of  the  property  of  each  such  public  utility  to 
be  assessed  and  taxed  within  the  State,  the  commission 
shall  be  guided  by  the  value  of  the  property  as  deter- 
mined by  the  Information  contained  in  the  sworn  state- 
ments made  by  the  public  utility  to  the  commission  and 
such  other  evidence  and  rules  as  will  enable  it  to  arrive 
at  the  true  value  in  money  of  the  entire  property  of 
such  public  utility  within  this  State,  in  the  proportion 
which  the  value  of  such  property  bears  to  the  value  of 
the   entire   property   of  such   public   utility. 

Property  to  he  assessed.  S  5425.  The  property  of  such 
public  utilities  to  be  so  assessed  by  the  commission  shall 
be  all  the  property  thereof,  as  defined  in  S  43  cf  this  Act. 

Hearing.  §  5426.  Before  the  assessment  of  such  prop- 
erty each  of  such  public  utilities  shall  have  the  right, 
upon  written  application,  to  appear  before  the  commis- 
sion and  to  be  heard  in  the  matter  of  the  valuation  of 
its    property   for    taxation. 

Corrections.  §  5427.  Between  the  date  herein  fixed  for 
the  assessment  of  the  property  of  any  such  public  utility 
for  taxation  by  the  commission,  and  the  date  herein  fixed 
tor  the  certification  by  it  of  the  apportioned  value  to 
the  county,  or  to  the  several  counties  as  herein  provided, 
the  commission  may,  on  the  application  of  such  public 
utility  or  any  person  interested  threin,  or  on  its  own 
motion,  correct  the  assessment  or  valuation  of  its  prop- 
erty in  such  manner  as  will  in  its  judgment  make  the 
Taluation   thereof  just  and  equal. 

Deductions.  §  5428.  The  commission  shall  deduct  from 
the  total  value  •  of  the  property  of  each  of  such  public 
utilities  in  this  State,  as  assessed  by  it,  the  value  of  the 
real  property  owned  by  such  public  utilities,  if  any  there 
be,  as  otherwise  assessed  for  taxation  in  this  State,  and 


shall    justly    and    equitably    equalize    the    relative    values 
thereof. 

Valuation  of  railroad  properties.  §  5429.  The  commis- 
sion shall  ascertain  all  of  the  personal  property,  roadbed, 
stations,  power  houses,  poles,  wires,  water  and  wood 
stations  and  real  estate  necessary  to  the  daily  running 
operations  of  the  road,  moneys  and  credits  of  each  rail- 
road company  and  each  suburban  or  interurban  railroad 
company,  having  any  line,  or  road,  or  part  thereof  in 
this  State,  and  the  undivided  profits,  reserved  or  con- 
tingent fund  of  the  company,  whether  in  moneys,  credits, 
or  in  any  manner  invested,  and  the  actual  value  thereof 
in  money,  and  also  locomotives,  motors  and  ears  not 
belonging  to  the  company,  but  hired  for  its  use  or  run 
under  its  control  on  its  road  by  a  sleeping  car  company 
or  other  company.  Such  rolling  stock  not  belonging  to 
it,  but  under  its  control,  may  be  returned  by  such  public 
utility  separate  from  its  own  property,  and  if  so  re- 
turned the  commission  shall  fix  the  valuation  of  such 
property  separately,  but  must  include  the  amount  in  the 
aggregate  valuation. 

Apportionment.  S  5430.  The  value  of  such  property, 
moneys  and  credits  of  each  of  such  street,  suburban  and 
interurban  railroad  and  railroad  companies,  as  found  and 
determined  by  the  commission,  shall  be  apportioned  by 
the  commission  among  the  several  counties  through 
which  the  road,  cr  any  part  thereof,  runs,  so  that  to 
each  county  and  to  each  taxing  district  therein,  shall  be 
apportioned  such  part  thereof  as  will  equalize  the  rela- 
tive value  of  the  real  estate,  structures  and  stationary 
personal  property  of  such  company  therein,  in  propor- 
tion to  the  whole  value  of  the  real  estate,  structures 
and  stationary  personal  property  of  the  company  in  this 
State;  and  so  that  the  rolling  stock,  main  track,  roadbed, 
power  houses,  poles,  wires,  supplies,  moneys  and  credits 
of  the  company  shall  be  apportioned  in  like  proportion 
that  the  length  of  the  road  in  such  county,  bears  to  the 
entire  length  thereof  in  all  the  counties,  and  to  each 
city,  village  and  district  or  part  thereof,  therein. 

Divisions.  §  5431.  If  the  line  of  such  company  is  di- 
vided into  separate  divisions  or  branches,  so  much  of 
the  rolling  stock  thereof  as  belongs  to  or  is  used  solely 
upon  such  divisions  or  branches,  shall  be  apportioned 
in  like  manner  to  the  county,  or  counties,  and  to  each 
taxing  district  therein,  through  which  such  branch  or 
division  runs.  The  commission  shall  certify  to  each  such 
county  auditor  such   apportionment. 

CHAPTER  7.  GENERAL  CODE  OF  OHIO. 

EXPRESS,   TELEGRAPH,   TELEPHONE,   SLEEPING   CAR,   FREIGHT     LIXi: 
AND  EQUIPMENT   COMPANIES. 

Road  in  ttco  States.  S  5445.  When  a  street,  suburban  or 
interurban  railroad  or  railroad  company  has  part  of  its 
road  in  this  State  and  part  thereof  in  another  State  or 
States,  the  commission  shall  take  the  entire  value  of 
such  property,  moneys  and  credits  of  such  public  utility 
so  found  and  determined,  in  accordance  with  the  pro- 
visions of  this  Act,  and  divide  it  in  the  proportion  the 
length  of  the  road  in  this  State  bears  to  the  whole 
length  thereof,  and  determine  the  principal  sum  for  the 
value  cf  the  road  in  this  State  accordingly,  equalizing 
the   relative   value   thereof   in   this   State. 

Apportionm.ent.  §5446.  The  commission  shall  appor- 
tion the  value  of  the  property  of  all  other  public  utilities 
assessed  according  to  the  provisions  of  this  Act  as  fol- 
lows: 

(a)  When  all  the  property  of  such  public  utility  Is 
located  within  the  limits  of  a  county,  the  assessed  value 
thereof  shall  be  apportioned  by  the  commission  between 
the  several  taxing  districts  therein,  in  the  proportion 
which  the  property  lo.cated  within  the  taxing  district  in 
question  bears  to  the  entire  value  of  the  property  of 
such  public  utility,  as  ascertained  and  valued  as  herein 
provided,  so  that,  to  each  taxing  district  there  shall  be 
apportioned  such  part  of  the  entire  valuation  as  will 
fairly  equalize  the  relative  value  of  the  property  therein 
located,   to   the   whole  value   thereof. 

(b)  When  the  property  of  such  public  utility  is  lo- 
cated in  more  than  one  county  in  this  State,  the  assessed 
value    thereof    shall    be    apportioned    by    the    commission 


1080 


National  Association  of  Railway  Commissionehs 


between  the  several  counties  and  the  taxing  districts 
therein,  in  the  proportion  which  the  property  located 
therein,  bears  to  the  entire  value  of  the  property  ot 
such  public  utility  as  ascertained  and  valued,  as  herein 
provided,  so  that  to  each  county  and  each  taxing  district 
therein,  there  shall  be  apportioned  such  part  of  the  en- 
tire valuation  as  will  fairly  equalize  the  relative  value 
of  the  property  therein  located  to  the  whole  value  thereof. 

(c)  When  the  property  of  such  public  utility,  re- 
quired to  be  assessed  by  the  provisions  of  this  Act,  is 
located  in  more  than  one  State,  the  assessed  value 
thereof  shall  be  apportioned  by  the  commission  in  such 
manner  as  will  fairly  and  equitably  determine  the  prin- 
cipal sum  for  the  value  thereof  in  this  State,  and  after 
ascertaining  such  value  it  shall  be  apportioned  by  the 
commission,  as  herein  provided. 

Certified  to  county  auditors.  §  5447.  On  the  second 
Monday  of  July,  the  commission  shall  certify  such  ap- 
portionment to  the  auditor  of  each  county  in  which  any 
of  the  property  of  the  public  utility   is  located. 

Entry  on  tax  duplicate,  i  5448.  The  county  auditor  shall 
place  the  apportioned  value  on  the  tax  list  and  duplicate 
and  taxes  shall  be  levied  and  collected  thereon,  in  the 
same  manner  and  at  the  same  rate,  as  other  personal 
property  in   the   taxing  district  in  question. 

Verified  .statement  by  express,  telephone  and  telegraph 
companies.  §  5449.  On  or  before  the  first  day  of  August, 
annually,  every  express,  telegraph  and  telephone  com- 
pany doing  business  in  this  State,  under  the  oath  of 
the  person  constituting  such  company,  if  a  person,  or 
under  the  oath  of  the  president,  secretary,  treasurer, 
superintendent  or  chief  officer  in  this  State  of  such  asso- 
ciation or  corporation,  if  an  association  or  corporation 
shall  make  and  file  with  the  commission  a  statement,  in 
such  form  as  the  commission  may  prescribe. 

Contents.     §5450.     Such  statement  shall  contain: 

1.  The  name  of  the  company. 

2.  The  nature  of  the  company,  whether  a  person  or 
persons,  or  association,  or  corporation,  and  under  the 
laws  of  what  State  or  county  organized. 

3.  The   location   of  its  principal   office. 

4.  The  name  and  iwstoffice  address  of  the  president, 
secretary,  auditor,  treasurer  and  superintendent  or  gen- 
eral manager. 

5.  The  name  and  postoffice  address  of  the  chief  offi- 
cer or  managing  agent  of  the  company  in  this   State. 

6.  The  number  of  shares  of  the  capital  stock. 

7.  The  par  value  and  market  value,  or,  if  there  is 
no  market  value,  the  actual  value  of  its  shares  of  stock 
on  the  thirtieth  day  of  the  month  of  June  in  which  the 
statement  is  made,  the  amount  of  its  capital  stock  sub- 
scribed and  the  amount  thereof  actually  paid  in. 

8.  A  detailed   statement  of  the  real  estate   owned   by 
-the  company  in  this  State,  where  situated,  and  the  value 

thereof  as  assessed  for  taxation. 

9.  A  full  and  correct  inventory  of  the  personal  prop- 
erty, including  moneys  and  credits,  owned  by  the  com- 
pany in  this  State  on  the  thirtieth  day  of  the  month  of 
June  in  which  the  statement  is  made,  where  situated,  and 
the   value  thereof. 

10.  The  total  value  of  the  real  estate  owned  by  the 
company  and  situated  outside  of  this  State. 

11.  The  total  value  of  the  personal  property  owned 
by  the  company  and  situated  outside  of  this  State. 

12.  The  total  amount  of  bonded  indebtedness  and  of 
indebtedness  not  bonded;  the  gross  receipts  from  what- 
ever source  derived  of  business  wherever  done,  for  the 
year  ending  on  the  thirtieth  day  of  June  next  preceding, 
and  the  total  gross  expenditures  for  such  year. 

13.  In  the  case  of  telegraph  and  telephone  companies, 
such  statement  shall  also  set  forth,  the  whole  length  of 
their  lines,  and  the  length  of  so  much  of  their  lines  as 
is  without  and  is  within  this  State,  which  shall  include 
the  lines  such  telegraph  and  telephone  companies  control 
and  use  under  lease  or  otherwise  and  the  miles  of  wire 
in  each  taxing  district  in  this  State. 

14.  In  the  case  of  telegraph  and  telephone  companies, 
such  statement  shall  also  contain  the  entire  gross  re- 
ceipts, including  all  sums  earned  or  charged,  whether 
actually  received  or  not,  for  the  year  ending  the  thirtieth 
day  cf  June,  from  whatever  source  derived,  whether 
messages,  telephone  tolls,  rentals,  or  otherwise,  for  busi- 


oria-^ 

y  ™ 


ness  done  within  this  State,  including  the  company'* 
proportion  of  gross  receipts  for  business  done  by  it 
within  this  State  in  connetcion  with  other  companies, 
firms,  corporations,  persons  or  associations,  excluding 
therefrom  all  receipts  derived  wholly  from  interstate 
business  or  business  done  for  the  federal  government. 
Such  statement  shall  also  contain  the  total  gross  receipts 
of  such  company,  for  such  period,  from  business  done 
within  this  State. 

15.  In  the  case  of  express  companies,  such  statement 
shall  also  contain  the  entire  receipts,  including  all  sums 
earned  or  charged,  whether  actually  received  or  not, 
from  whatever  source  derived,  for  business  done  within 
this  State,  for  the  year  ending  the  thirtieth  day  of  June, 
for  and  on  account  of  such  company,  including  the  com- 
pany's proportion  cf  gross  receipts  for  business  done  by 
it  within  this  State  in  connection  with  other  companies, 
firms,  corporations,  persons  or  associations,  excluding 
therefrom  all  receipts  derived  wholly  from  interstate- 
business  or  business  done  for  the  federal  government. 
Such  statement  shall  also  contain  the  total  gross  receipts 
of  such  company,  for  such  period,  from  business  done 
within  this  state. 

16.  In  the  case  of  express  companies,  the  gross  le- 
ceipts  for  the  year  ending  the  thirtieth  day  of  June,  frcm 
whatever  source  derived,  of  each  office  within  this  State, 
giving  the  name  of  each  office  in  this  State. 

17.  In  the  case  of  express  companies,  such  state- 
ment shall  also  contain  the  whole  length  of  the  lines  of 
rail  and  water  routes,  over  which  the  company  did 
business  on  the  thirtieth  day' of  June,  and  the  leng.ll 
of  so  much  of  such  lines  of  land  and  water  transporia;, 
tion  as  is  without  and  within  this  State,  naming 
lines   within   this   State. 

Assessment  of  values.     S  5451.     On  the  first  Monday 
September,  of  each  year,  the  commission   shall   ascerta  n 
and    assess    the    value    of    the    property    ot    the    exprej  ^M 
telegraph  and  telephone  companies  in  this  State.  i  ^M 

How  determined.  §5452.  In  determining  the  value  ^JH 
the  property  of  such  companies  in  this  State,  to  '  e 
taxed  within  the  State  and  assessed  as  herein  provide  i, 
the  commission  shall  be  guided  by  the  value  of  tl  e 
property  as  determined  by  the  value  of  the  entire  capit  il 
stock  of  the  companies,  and  such  other  evidence  at  d 
rules  as  will  enable  such  commission  to  arrive  at  t!  e 
true  value,  in  money,  of  the  entire  property  of  sui  h 
companies  within  this  State,  in  the  proportion  whii  h 
such  property  bears  to  the  entire  property  of  the  co:  i- 
panies,  as  determined  by  the  value  of  the  capital  stO'  k 
thereof,  and  such  other  evidence  and   rules. 

Hearing.  §  5453.  Before  the  assessment  of  the  proper  y 
of  any  express,  telegraph  or  telephone  company  is  c  e- 
termlned,  any  company  or  person  interested  shall  ha  e 
the  right,  on  written  application  to  appear  before  t,  i 
commission  and  be  heard  in  the  matter  of  the  valuation 
the  property  of  any  company  for  taxation. 

Corrections.  §  5454.  Between  the  date  herein  fixed  f  )r 
the  assessment  ot  the  property  of  any  such  company  f  )r 
taxation  by  the  commission,  and  the  date  herein  fix  d 
for  the  certification  by  the  commission  of  the  apportion  il 
valuation  to  the  several  counties,  the  commission  m;  y, 
on  the  application  of  any  interested  person  or  compai  > . 
or  on  its  own  motion,  correct  the  assessment  or  valuati  ui 
of  the  property  ot  any  such  company,  in  such  niann.i- 
as  will,  in  its  judgment,  make  the  valuation  thereof  jvi 
and  equal.  i  [ 

Deductions.  §5455.  The  commission  shall  deduct  fril 
the  total  value  and  the  property  of  each  express,  tei'j 
graph  and  telephone  company  in  this  State,  the  valH 
as  assessed  for  taxation  of  any  real  estate  situalJ 
within  this  State  and  owned  by  such  company.  '■ 

Apportionment.  §5456.  The  value  of  the  propertyji 
telegraph  and  telephone  companies  of  this  State,  afll 
deducting  the  value  of  the  real  estate,  shall  be  apnl 
tioned  by  the  commission  among  the  several  coundl 
through  or  into  which  the  lines  of-  such  telegraph  or  tele^ 
phone  companies  run,  so  that  to  each  county  shall  be 
apportioned  such  part  of  the  entire  valuation  as  will 
equalize  the  relative  value  ot  the  property  of  the  com- 
pany therein,  in  proportion  to  the  whole  value  of  the 
property  of  the  company  in  the  State,  and  in  the  pro- 
portion that  the  length  of  the  lines  of  wire  owned  by  the 


>4i 


Public  Service  Laws 


1081 


company  in  the  county,  bears  to  the  whole  length  of 
the  lines  of  wire  in  all  th&  counties  in  the  State,  and  to 
each  city,  village  and  taxing  district,  or  part  thereof, 
therein. 

Express  companies.  S  5457.  The  value  of  the  property 
of  express  companies  shall  be  apportioned  by  the  com- 
mission among  the  several  counties  in  which  the  com- 
pany does  business,  in  the  proportion  that  the  gross 
receipts  in  each  county,  bear  to  the  entire  gross  receipts 
in  all  the  counties  in  the  State,  and  to  each  city,  village 
and    taxing   district,   or   part   thereof,    therein. 

Certified  to  county  auditors.  Si  5458.  On  the  third  Mon- 
day of  September,  the  commission  shall  certify  to  the 
county  auditor  the  amount  apportioned  to  his  county  and 
to  each  city,  village,  township  or  other  taxing  district 
therein. 

Rate.  S  5459.  The  county  auditor  shall  place  the  ap- 
portioned valuation  on  the  tax  list  and  duplicate,  and 
taxes  shall  be  levied  and  collected  thereon,  at  the  same 
rate  and  in  the  same  manner,  as  taxes  are  levied  and 
collected  on  other  personal  property  in  the  taxing  dis- 
trict in   question. 

Exceptions,  ii  5460.  Public  utilities  shall  not  be  re- 
quired to  make  returns  under,  nor  be  governed  by  the 
provisions  of  S  S  5404,  5405  and  5406  of  the  general  code 

How  valuations  determined  on  failure  of  report  or  state- 
ment. §  5461.  When  a  public  utility  or  corporation  failo 
to  make  any  report  or  furnish  any  statement,  which  it 
Is  required  to  make  or  furnish,  to  the  commission,  or 
makes  a  return  or  statement  of  a  portion  only  of  the 
gross  receipts  or  gross  earnings,  which  it  is  required  by 
law  to  make  or  return,  and  fails  to  make  return  or  state- 
ment of  the  remainder,  or  fails  to  report  a  part  or  all 
of  its  taxable  property,  or  reixirt  the  same,  or  part 
thereof,  according  to  its  true  value  in  money,  the  com- 
mission shall  ascertain,  as  nearly  as  practicable,  the 
gross  receipts  or  gross  earnings,  or  omitted  portion  of 
the  same,  or  taxable  property,  or  omitted  part  of  the 
same,  or  such  as  was  not  reported  according  to  its  true 
value  in  money,  that  should  have  been  reported  or  re- 
turned by  such  public  utility  or  corporation,  and  certify 
such  gross  receipts  or  gross  earnings,  or  the  value  of 
such  property^  so  ascertained,  as  required  in  this  Act, 
with  respect  to  its  gross  receipts,  gross  earnings  and 
property  of  public  utilities  and  corporations. 

Domestic  corporations.  When  a  domestic  corporation 
makes  a  report  of  a  portion  only  of  its  subscribed  or  is- 
sued and  outstanding  capital  stock,  the  commission  shall 
ascertain,  as  nearly  as  i)racticable,  the  omitted  portion 
'  thereof,  that  should  have  been  reported  by  such  corpora- 
tion, and  certify  such  additional  amount,  as  required  in 
this  Act,  with  respect  to  the  certification  of  the  sub- 
scribed or  issued  and  outstanding  capital  stock  of  do- 
mestic corporations. 

Foreign  corporations.  When  a  foreign  corporation 
"makes  a  report  to  the  commission  of  a  portion  only  of 
the  property  owned  and  used  or  business  done  by  it  in 
this  State,  or  makes  a  report  of  a  fictitious  or  excessive 
amount  of  property  owned  and  used  or  business  done 
,  by  it  outside  of  this  State,  or  makes  a  report  of  a  por- 
tion only  of  its  total  authorized  capital  stock,  which  it  is 
required  by  law  to  make,  the  commission  shall  ascer- 
tain, as  nearly  as  i)racticable,  the  total  amount  of  prop- 
erty owned  and  used  and  business  done  by  such  foreign 
corporation  in  this  State,  and  the  total  amount  of  prop- 
erty owned  and  used  and  business  done  by  such  foreign 
corporation  outside  of  this  State,  and  the  proportion  of 
the  total  authorized  capital  stock  of  such  corporation, 
represented  by  property  owned  and  used  and  business 
done  in  this  State,  and  certify  such  corrected  amount,  or 
•  the  difference  between  such  corrected  amount  and  the 
amount  that  may  have  previously  been  certified,  as  re- 
I  quired  in  this  Act,  with  respect  to  the  certification  of  the 
proportion  of  the  authorized  capital  stock  of  foreign  cor- 
porations, represented  by  property  owned  and  used  and 
business  done  by  such  corporations  in  this  State. 

Sleeping  car  or  freight  line.  When  a  sleeping  car, 
freight  line  or  equipment  company  fails  to  make  any  re- 
port or  statement,  which  it  is  required  to  make  or 
furnish,  to  the  commission,  or  makes  a  return  or  state- 
ment of  a  portion  only  of  Its  total  authorized  capital 
Stock,  or  the  value  of  Its  shares  of  stock,  or  of  its  real 


estate  owned  either  within  or  without  this  State,  or  of 
the  number  and  value  of  the  cars  owned  or  leased  by 
it  and  the  daily  average  number  of  cars  operated  in  this 
State,  or  the  length  of  the  lines  or  railway  over  which 
the  company  runs  its  cars  within  this  State,  or  makes 
a  return  or  statement  of  a  fictitious  or  excessive  length 
of  lines  of  railway  over  which  the  company  runs  its  cars 
without  this  State,  the  commission  shall  ascertain  as 
nearly  as  practicable,  the  amount  of  the  capital  and 
property  of  any  such  company  owned  and  used  in  thia 
State,  and  the  amount  of  capital  and  property  of  such 
company  owned  and  used  outside  of  this  State,  and  the 
proportion  of  the  capital  stock  of  any  such  company 
representing  capital  and  property  thereof  owned  and 
used  in  this  State,  as  provided  in  this  Act,  and  shall 
certify  such  amount  so  ascertained,  as  required  in  this 
Act,  with  respect  to  the  certification  of  the  amount  and 
value  of  the  proportion  of  the  capital  stock  of  such  com- 
panies representing  capital  and  property  owned  and  used 
by  them  in  this  State. 

Power  extends  to  preceding  years.  The  power  and  duty 
of  the  commission,  above  provided  for,  shall  extend  to 
preceding  years  in  such  manner  as  that  the  commission 
shall,  for  such  year  or  years  preceding  the  year  in  which 
the  inquiries  are  made,  and  omissions  ascertained,  certify 
such  omitted  amounts,  so  ascertained,  as  required  in  this 
Act,  with  respect  to  such  companies,  in  which  event  such 
omitted  amounts  shall  be  taxed  at  the  rate  of  taxation 
belonging  to  the  year  or  years  in  which  the  failure  or 
omission  occurred,  in  the  case  of  property,  and  in  all 
other  cases  the  amount  of  the  tax  or  fee  upon  such  omit- 
ted amounts  shall  be  calculated  upon  the  amount  so 
ascertained  by  the  commission,  at  the  rate  provided  by 
law,  for  such  year  or  years;  provided,  however,  that  the 
power  and  duty  of  the  commission  with  respect  to  prop- 
erty shall  extend  only  to  the  five  years  next  preceding 
the  year  in  which  such  inquiries  and  corrections  are 
made,  and  not  in  any  event  prior  to  the  year  1911, 
except  where  no  property  of  a  company  has  been  re- 
turned or  assessed  in  any  such  year  or  years. 

Verified  statement,  jj  5462.  Annually,  between  the  first 
and  thirty-first  days  of  May,  every  sleeping  car,  freight 
line  and  equipment  company,  doing  business  or  owning 
cars  which  are  operated  in  this  State,  shall  under  the 
oath  of  the  person  constituting  such  company,  if  a  per- 
con.  or  under  the  oath  of  the  president,  secretary,  treasurer, 
superintendent  or  chief  officer  in  this  State  of  such  as- 
sociation or  corporation,  if  an  association  or  corporation, 
make  and  file  with  the  commission  a  statement  in  such 
form    as    the   commission    may    prescribe. 

Statement  shall  contain;  what,  is  5463.  Such  statement 
shall   contain: 

1.  The  name  of  the  company. 

2.  The  nature  of  the  company,  whether  a  person  or 
persons  or  association  or  corporation,  and  under  the  laws 
of  what  State  or  county  organized. 

*     3.     The    location   of    its    principal   office. 

4.  The  name  and  postoffice  address  of  the  president, 
secretary,  auditor,  treasurer  and  superintendent  or  gen- 
eral   manager. 

5.  The  name  and  postoffice  address  of  the  chief  of- 
ficer and   managing  agent  of  the  company  in   this  State. 

6.  The   number  of  shares  of  capital   stock. 

7.  The  par  and  market  value,  or  if  there  Is  no 
market  value,  the  actual  value  of  the  shares  of  stock 
on   the   first   day   of   May. 

8.  A  detailed  statement  of  the  real  estate  owned  by 
the  company  in  this  State,  where  situated,  and  the  value 
thereof  as  assessed   for  taxation. 

*9.  The  total  value  of  the  real  estate  owned  by  the 
company  and   situated  outside  of  this  State. 

10.  The  whole  length  of  the  lines  of  railway  over 
which  the  company  runs  its  cars,  and  the  length  of  so 
much  of  such  lines  as  is  without  and  is  within  this 
State. 

11.  The  whole  number  and  value  of  the  cars  owned 
or  leased  by  the  company  classifying  the  cars  according 
to  kind,  and  the  daily  average  number  of  cars  operated 
in  this  State. 

Equipment  company.  §  5464.  In  the  case  of  an  equip- 
ment company,  such  statement  shall  also  contain  the 
whole  number  and  value  of  the  cars  owned  and  leased 
by  the  company,   classifying  the  cars  according  to  kind; 


1082 


National  Association  of  Railway  Commissioners 


the  whole  length  of  the  lines  of  railway,  wherever  lo- 
cated, operated  by  the  companies,  naming  them,  to  which 
cars  owned  by  such  equipment  company  are  leased,  and 
the  length  of  so  much  of  such  lines  as  is  without  and 
within  this  State,  giving  the  name  and  location  of  the 
lines   wholly  or  partially  within   this   State. 

Valuation.  §  5465.  On  the  first  Monday  in  July,  the 
commission  shall  ascertain  and  determine  the  amount 
and  value  of  the  proportion  of  the  capital  stock  of 
sleeping  car,  freight  line  and  equipment  companies,  rep- 
resenting capital  and  property  of  such  companies  owned 
and  used  in  this  State,  and  in  so  determining  shall  be 
guided  in  each  case  by  the  proportion  of  the  capital  stock 
of  the  company  representing  rolling  stock,  which  the 
miles  of  railroad  over  which  such  company  runs  cars, 
or  its  cars  are  run  in  this  State,  bear  to  the  entire  num- 
ber of  miles  in  this  State  and  elsewhere  over  which  such 
company  runs  cars,  or  its  cars  are  run,  and  such  other 
rules  and  evidence  as  will  enable  the  commission  to 
determine,  fairly  and  equitably,  the  amount  and  value 
of  the  capital  stock  of  such  company  representing  capital 
and  property  owned   and  used   in   this  State. 

Hearing.  §  5466.  Before  the  amount  and  value  of  the 
capital  stock  of  any  company  representing  capital  and 
property  owned  and  used  in  this  State  is  determined, 
any  company  or  person  interested  shall  have  the  right, 
on  written  application,  to  appear  before  the  commission 
and  be  heard  in  the  matter  of  such  determination. 

Corrections.  §  5467.  Between  the  date  herein  fixed  for 
fixing  the  amount  and  value  of  the  capital  stock  of  any 
company  representing  capital  and  property  owned  and 
used  in  this  State,  and  the  date  herein  fixed  for  the  cer- 
tification to  the  adulter  of  State  of  such  amount,  the 
commission  may,  on  the  application  of  any  person  or 
company  interested,  or  on  its  own  motion,  review  and 
correct  its  action  in  such  manner  as  it  deems  just  and 
proper. 

Certified  to  auditor  of  State — Excise  tax.  §  5468.  On 
the  first  Monday  in  August,  of  each  year,  the  commission 
shall  certify  such  amount  to  the  auditor  of  State,  who 
shall  charge  a  sum  in  the  nature  of  an  excise  tax,  to  be 
collected  from  each  sleeping  car,  freight  line  and  equip- 
ment company,  doing  business  or  owning  cars  which  are 
operated  in  this  State,  to  he  computed  by  taking  1.2  per 
cent  of  the  amount  fixed  by  the  commission  as  the  value 
of  the  portion  of  the  capital  stock  representing  the 
capital  and  property  of  each  company  owned  and  used 
in  this  State. 

Collection  by  treasurer  of  State,  i  5469.  On  or  before 
the  first  day  of  September  of  each  year,  the  auditor  of 
State  shall  certify  to  the  treasurer  of  State,  as  herein 
provided,  for  collection-  from  each  sleeping  car,  freight 
line  and  equipment  company,  doing  business  or  owning 
cars  which  are  operated  in  this  State,  the  amount  so 
charged. 

Verified  statement,  is  5470.  Each  public  utility,  except 
express,  telegraph  and  telephone  companies,  and  street, 
suburban  and  interurban  railroad  and  railroad  companies, 
doing  business  in  this  State,  shall,  annually,  on  or  before 
the  first  day  of  August,  and  each  street,  suburban  and 
interurban  railroad  and  railroad  company,  shall,  annu- 
ally, on  or  before  the  first  day  of  September,  under 
the  oath  of  the  person  constituting  such  company,  if  a 
person,  or  under  the  oath  of  the  president,  secretary, 
treasurer,  superintendent  or  chief  officer  in  this  State,  of 
such  association  or  corporation,  if  an  association  or  cor- 
poration, make  and  file  with  the  commission  a  statement 
in  such  form  as  the  commission  may  prescribe. 

Contents.  §  5471.  The  statement,  provided  for  in  the 
preceding  section,   shall  contain: 

1.  The  name  of  the  company. 

2.  The  nature  of  the  company,  whether  a  person  or 
persons  or  association  or  corporation,  and  under  the  laws 
of  what   State  or  county  organized. 

3.  The    location    of   its    principal   oflice. 

4.  The  name  and  postofflce  address  of  the  president, 
secretary,  auditor,  treasurer  and  superintendent  or  gen- 
eral manager. 

5.  The  name  and  postofi^ice  address  ^f  the  chief 
officer  or  managing  agent  of  the  company  in  this  State. 

Railroad  gross  earnings.  §  5472.  In  the  case  of  each 
railroad  company,  such  statement  shall  also  contain  the 


entire  gross  earnings,  including  all  sums  earned  or 
charged,  whether  actually  received  or  not,  for  the  year 
ending  on  the  thirtieth  day  of  June  next  preceding,  from 
whatever  source  derived,  for  business  done  within  this 
State,  excluding  therefrom  all  earnings  derived  wholly 
from  interstate  business  or  business  done  for  the  federal 
government.  Such  statement  shall  also  contain  the  total 
gross  earnings  of  such  company  for  such  period  in  this 
State  from  business  done  within  this  State. 

Street  railroad.  S  5473,  In  the  case  of  each  street, 
suburban  or  interurban  railroad  comiiany,  such  state- 
ments shall  also  contain  the  entire  gross  earnings,  includ- 
ing all  sums  earned  or  charged,  whether  actually  received 
or  not,  for  the  year  ending  on  the  thirtieth  day  of  June 
next  preceding,  from  whatever  source  derived,  for  busi- 
ness done  within  this  State,  excluding  therefrom  all 
earnings  derived  wholly  from  interstate  business  or  busi- 
ness done  for  the  federal  government.  Such  statement 
shall  also  contain  the  total  gross  earnings  of  such  com- 
pany for  such  period  in  this  State  from  business  done- 
within  this  State. 

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What  statement  shall  contain.    §  5474.    In  the  case  of 

such  public  utilities  except  railroad,  street,  suburban  : 

interurban  railroad  companies,  such   statement  shall  i 

contain   the  entire  gross  receipts  of  the  company,  incl 

ing    all    sums    earned    or    charged,    whether    actually 

ceived,  or  not,  from  whatever  source  derived,  for  busin 

done   within   this   State   for   the   year   next    preceding 

first   day  of   May,   including  the   company's   proportion 

gross   receipts  for  business   done   by   it   within   this  St 

in   connection   with   other  companies,   firms,   corporatic 

persons   or   associations,   but   this   shall   not   apply   to 

ceipts  from  interstate  business,  or  business  done  for 

federal    government.     Such    statement   shall   also   cont 

the  total  gross  receipts  of  such  company  for  such  per 

in   this   State   from   business  done   within   this  State. 

Valuation  determined.  S  5475.  On  the  first  Monday 
September  the  commission  shall  ascertain  and  determ 
the  entire  gross  receipts  of  each  electric  light,  f 
natural  gas,  pipe  line,  waterworks,  messenger  or  sigi 
union  depot,  heating,  cooling  and  water  transportat 
company  for  business  done  within  this  State  for 
year  then  next  preceding  the  first  day  of  May,  and 
each  express,  telegraph  and  telephone  company 
business  done  within  this  State  for  the  year  ending 
the  thirtieth  day  of  June,  excluding  therefrom,  as 
each  of  the  companies  named  in  this  section,  all  recei 
derived  wholly  from  interstate  business  or  business  d 

for  the  federal  government. 

•> 

Gross  receipts.  §  5476.  The  amount  so  ascertained 
the  commission,  in  such  instance,  for  the  purposes 
this  Act,  shall  be  the  gross  receipts  of  such  electric  lij 
gas,  natural  gas,  pipe  line,  waterworks,  express,  t 
graph,  telephone,  messenger  or  signal,  union  depot,  h' 
ing,  cooling  or  water  transportation  companies  for  b 
ness   done  within  this   State  for  such   year. 

Gross  earnings,  railroad.  S  5477.  On  the  first  Monla.r 
of  October,  the  commission  shall  ascertain  and  deteni  ine 
the  gross  earnings  as  herein  provided,  of  each  railr  )ad 
company  whose  line  is  wholly  or  partially  within  ■  his 
State,  for  the  year  ending  on  the  thirtieth  day  of  J  ine 
next  preceding,  excluding  therefrom  all  earnings  deri  .ed 
wholly  from  interstate  business  or  business  done  for  the 
federal  government.  The  amount  so  ascertained  by  the 
commission  shall  be  the  gross  carnmgs  of  such  rail^j 
company  for  such  year. 


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Gross  earnings,  street  railroad.  S  5478.  On  the  ) 
Monday  of  October,  the  commission  shall  ascertain  ind 
determine  the  gross  earnings,  as  herein  provided,  of  each 
street,  suburban  and  interurban  railroad  company  wtose 
line  is  wholly  or  partially  within  this  State,  for  the  jear 
ending  on  the  thirtieth  day  of  June  next  preceding,  ex- 
cluding therefrom,  as  to  each  of  the  companies  named  in 
this  section,  all  earnings  derived  wholly  from  inters ;ate 
business  or  business  done  tor  tne  federal  government. 
The  amount  so  ascertained  by  the  commission  shall  be 
the  gross  earnings  of  such  street,  suburban  or  inter- 
urban  railroad   company   for  such   year. 

Hearing.  §  5479.  Before  the  gross  receipts  or  earnings 
of  any  such  public  utility  are  determined,  any  company, 
or    person    interested,    shall    have    the    right,    on    written 


Public  Service  Laws 


1083 


application,  to  appear  before  the  commission  and  be 
heard  In  the  matter  of  such  determination. 

Corrections.  §  5480.  Between  the  dates  herein  fixed 
for  the  determination  of  the  amount  of  the  gross  re- 
ceipts or  earnings  of  any  such  public  utility,  and  the 
dates  herein  fixed  for  the  certification  to  the  auditor  of 
State  of  such  amount,  as  provided  in  this  Act,  the  com- 
mission may,  on  the  application  of  any  person  or  com- 
pany interested,  or  on  its  own  motion,  review  and  cor- 
rect its   findings. 

Certified  to  auditor  of  State.  §  5481.  On  the  first  Mon- 
day of  October  the  commission  shall  certify  to  the  audi- 
tor of  State,  the  amount  of  the  gross  receipts  so  deter- 
mined, of  electric  light,  gas,  natural  gas,  pipe  line, 
waterworks,  express,  telegraph,  telephone,  messenger 
or  signal,  union  depot,  heating,  cooling  and  water  trans- 
portation companies,  for  the  year  covered  by  its  annual 
report  to  the  commission,  as  required  in  this  Act. 

Certificate  to  auditor.  §  5482.  On  the  first  Monday  ot 
November  the  commission  shall  certify  to  the  auditor 
of  State  the  amount  of  the  gross  earnings  so  determined 
of  each  street,  suburban  and  interurban  railroad  and 
railroad  company  for  the  year  ending  on  the  thirtieth 
day  of  June  next  preceding. 

Excise  tax.  §  5483.  in  the  month  of  October,  annually, 
the  auditor  of  State  shall  charge,  tor  collection  from 
each  electric  light,  gas,  natural  gas,  waterworks,  tele- 
phone, messenger  or  signal,  union  deix)t,  heating,  cooling 
and  water  transportation  company,  a  sum  in  the  nature 
of  an  excise  tax,  for  the  privilege  of  carrying  on  its 
intrastate  business,  to  be  computed  on  the  amount  so 
fixed  and  reported  by  the  commission  as  the  gross  re- 
ceipts of  such  company  on  its  intrastate  business  for  the 
year  covered  by  its  annual  report  to  the  commission, 
as  required  in  this  Act,  by  taking  1.2  per  cent  of  all  such 
gross  receipts,  which  tax  shall  not  be  less  than  $10  in 
any  case. 

Excise  tax  on  State  business,  street  railroad.  §  5484. 
In  the  month  of  November  the  auditor  of  State,  shall 
charge,  for  collection  from  each  street,  suburban  and 
interurban  railroad  company,  a  sum  in  the  nature  of  an 
excise  tax,  for  the  privilege  ot  carrying  on  its  intrastate 
business,  to  be  computed  on  the  amount  so  fixed  and 
reported  to  him  by  the  commission  as  the  gross  earn- 
ings of  such  company  on  its  intrastate  business  for  the 
year  covered  by  its  annual  report  to  the  commission,  as 
required  in  this  Act,  by  taking  1.2  per  cent  of  all  gross 
earnings,  which  tax  shall  not  be  less  than  $10  in  any 
case. 

Express  and  telegraph  company.  §  5485.  In  the  month 
of  October  the  auditor  of  State  shall  charge  for  collec- 
tion, from  each  express  and  telegraph  company,  a  sum  in 
the  nature  of  an  excise  tax,  for  the  privilege  of  carry- 
ing on  its  intrastate  business,  to  be  computed  on  the 
amount  so  fixed  and  reported  to  him  by  the  commission 
as  the  gross  receipts  of  such  company  on  its  intrastate 
business  for  the  year  covered  by  its  annual  report  to  the 
commission,  as  required  in  this  Act,  by  taking  2  per 
cent  of  all  such  gross  receipts,  which  tax  shall  not  be 
less  than  $10  in   any  case. 

Railroad  company.  §  5486.  In  the  month  of  November, 
the  auditor  of  State  shall  charge  for  collection,  from 
each  railroad  company,  a  sum  in  the  nature  of  an  excise 
tax,  for  the  privilege  of  carrying  on  its  intrastate  busi- 
ness, to  be  computed  on  the  amount  so  fixed  and  re- 
ported to  him  by  the  commission,  as  the  gross  earnings 
of  such  company  on  its  intrastate  business  for  the  year 
covered  by  its  annual  report  to  the  commission,  as  re- 
quired by  this  Act,  by  taking  4  per  cent  ot  all  such  gross 
earnings,  which  tax  shall  not  be  less  than  $10  in  any 
case. 

Pipe  line.  §  5487.  In  the  month  of  October,  the  auditor 
of  State  shall  charge  for  collection,  from  each  pipe  line 
company,  a  sum  in  the  nature  of  an  excise  tax,  for  the 
privilege  of  carrying  on  its  intrastate  business,  to  be 
computed  on  the  amount  so  fixed  and  reported  to  'him  by 
the  commission,  as  the  gross  receipts  of  such  company 
on  its  intrastate  business  for  the  year  covered  by  its 
annual  reixjrt  to  the  commission,  as  required  in  this  Act, 
by  taking  4  per  cent  of  all  such  gross  receipts,  which 
tax  shall  not  be  less  than  $10  in  any  case. 

Collection  by  treasurer  of  State — Notice  of  taxes.   S  5488. 


After  determining  the  amount  of  taxes  or  fees  payable  fo 
the  State,  as  provided  in  this  Act,  the  auditor  of  State 
shall  thereupon  prepare  proper  duplicates  and  reports, 
and  certify  them  to  the  treasurer  of  State  tor  collection. 

Upon  the  receipt  of  such  duplicate,  the  treasurer  shall 
notify  each  company  charged  with  taxes  or  fees  thereon, 
of  the  amount  due  from  it. 

Daily  statement  to  auditor.  §  5489.  The  treasurer  of 
State  shall  proceed  to  collect  such  taxes  and  render  a 
daily  itemized  statement  to  the  auditor  of  State  of  the 
amount  of  taxes  or  tees  collected  and  the  name  of  the 
company  from  whom  collected,  under  all  provisions  of 
this  Act. 

Other  companies  not  exempt.  §  5490.  Nothing  con- 
tained in  this  Act  shall  exempt  or  relieve  electric  light, 
gas,  natural  gas,  pipe  line,  waterworks,  street,  suburban 
or  interurban  railroad,  express,  telegraph,  telephone,  mes- 
senger or  signal,  union  depot,  railroad,  heating,  cooling, 
sleeping  car,  freight  line,  equipment  and  water  trans- 
portation companies  from  the  assessment  and  taxation 
of  their  property  in  the  manner  authorized  and  provided 
by  law. 

Tax  credited  to  general  revenue  fund — Penalty.  5  5491. 
All  taxes  received  by  the  treasurer  of  State,  under  the 
provisions  of  this  Act,  shall  be  credited  to  the  general 
revenue  fund.  If  any  public  utility  fails  or  refuses  to 
pay,  on  or  before  the  fifteenth  day  of  December,  the  tax 
assessed  against  it,  or  if  any  corporation  fails  or  refuses 
to  pay,  on  or  before  the  dates  fixed,  in  this  Act,  the 
fee  charged  against  it,  the  treasurer  of  State  shall 
certify  the  list  of  such  utilities  or  corporations,  so  de- 
linquent, to  the  auditor  of  State,  who  shall  add  to  the  tax 
or  fee  due,  a  penalty  of  15  per  cent  thereon.  The  audi- 
tor of  State  shall  thereupon  forthwith  prepare  proper 
duplicates  and  reports  of  such  taxes  and  fees  and  penal- 
ties thereon  and  certify  them  to  the  treasurer  of  State 
for  collection.  Thirty  days  after  he  receives  such  dupli- 
cates ot  delinquent  taxes  and  fees  and  penalties  thereon 
from  the  auditor  of  State,  the  treasurer  ot  State  shall 
certify  to  the  commission  a  list  of  such  public  utilities 
and  corporations  as  have  failed  to  pay  such  taxes  or  fees' 
and  penalties  thereon. 

Action  for  recovery  may  be  brought,  where.  S  5492. 
Such  taxes  or  fees  and  penalties  thereon  may  be  re- 
covered by  an  action  in  the  name  ot  the  State,  which 
may  be  brought  in  the  Court  of  Common  Pleas  of  Frank- 
lin County,  or  of  any  county,  in  which  such  corporation 
has  an  office  or  place  of  business,  or  in  which  such 
public  utility  is  doing  business,  or  the  line  of  any  street, 
suburban  or  interurban  railroad  company  or  railroad 
company  is  located,  and  such  Court  of  Common  Pleas 
shall  have  jurisdiction  of  such  action  regardless  of  the 
amount  involved  therein.  The  attorney-general,  on  re- 
quest of  the  commission,  shall  institute  such  action  in 
the  Court  of  Common  Pleas  of  Franklin  County,  or  of 
any  of  such  counties  as  the  commission  may  direct.  In 
any  such  action  it  shall  be  sufficient  to  allege  that  the 
tax,  fee  or  penalty  sought  to  be  recovered,  stands 
charged  on  the  delinquent  duplicate  of  the  treasurer  of 
State,  and  that  the  same  has  been  unpaid  for  a  period 
of  30  days  after  having  been  placed  thereon.  Sums  re- 
covered in  any  such  action  shall  be  paid  into  the  State 
treasury,  to  the  credit  of  the  general  revenue  fund. 

Effect  xchen  tax  chargefl  invalid.  S  5493.  In  case  the 
tax  or  fee  herein  authorized  to  be  charged  and  collected 
against  any  class  of  corporations  or  public  utilities,  de- 
fined in  this  Act,  shall  for  any  reason,  be  declared  in- 
valid, such  invalidity  shall  in  nowise  effect  the  validity 
of  the  law,  as  applicable  to  any  other  class  or  classes  of 
corporations  or  public  utilities,  defined  in  this  Act,  nor 
shall  the  abrogation  or  repeal  of  any  section  or  clause 
of  this  Act  be  held  to  abrogate  or  repeal  any  other  sec- 
tion or  clause  thereof. 

Municipal  corporations  exempt.  §  5494.  This  Act  shall 
not  be  so  construed  as  to  require  any  municipal  corpora- 
tion within  this  State  to  make  any  return  or  pay  any 
taxes  under  any  provisions  of  this  Act. 

Report  of  corporations  for  profit.  S  5495.  Between  the 
first  day  of  May  and  the  first  day  ot  July,  1911,  and  annu- 
ally thereafter  during  the  month  of  May,  each  corpora 
tion,  organized  under  the  laws  of  this  State,  for  profit, 
shall  make  a  report,  in  writing,  to  the  commission,  in 
such  form  as  the  commission  may  prescribe. 


lt)8-l 


National  Association  of  Eailway  Commissioners 


Verified.  S  5496.  Such  report  shall  be  signed  and  sworn 
to  before  an  officer  authorized  to  administer  oaths,  by 
the  president,  vice-president,  secretary  or  general  man- 
ager of  the  corporation,  and  forwarded  to  the  commis- 
■fon. 

Report  shall  contain,  what.  §  5497.  Such  report  shall 
contain : 

1.  The  name  of  the  corporation. 

2.  The   location   of  its  principal  office. 

3.  The  names  of  the  president,  secretarj',  treasurer 
and  members  of  the  board  of  directors,  with  the  post- 
office  address  of  each. 

4.  The  date  of  the  annual  election  of  officers. 

5.  The  amount  of  authorized  capital  stock  and  the 
par  value  of  each  share. 

6.  The  amount  of  capital  stock  subscribed,  the 
amount  of  capital  stock  issued  and  outstanding,  and  the 
amount  of  capital   stock   paid-  in. 

7.  The  nature  and  kind  of  business  in  which  the  cor- 
poration  is  engaged   and   its   place  or  places  of  business. 

8.  The  change  or  changes,  if  any,  in  the  above  par- 
ticulars, made  since  the  last  annual  report. 

Amount  of  capital  stock  determined — Certified  to  auditor 
.  of  State — Fee — Minimum.  §  5498.  Upon  the  filing  of  the 
report,  provided  for  in  the  last  three  preceding  sections, 
the  commission,  after  finding  such  report  to  be  correct, 
shall,  on  the  first  Monday  of  July,  determine  the  amount 
of  the  subscribed  or  issued  and  outstanding  capital  stock 
of  each  such  corporation.  On  the  first  Monday  in  August, 
the  commission  shall  certify  the  amount  so  determined 
by  it  to  the  auditor  of  State,  who  shall  charge  for  col- 
lection, on  or  before  August  15,  as  herein  provided,  from 
such  corporation,  a  fee  of  3-20  of  1  per  cent,  upon  its 
subscribed  or  issued  and  outstanding  capital  stock,  which 
fee  shall  not  be  less  than  $10  in  any  case.  Such  fee 
shall  be  payable  to  the  treasurer  of  State  on  or  before 
the  first  day  of  the  following  October. 

Foreign  corporations  report.  §  5499.  Annually,  during 
the  month  of  July,  each  foreign  corporation  for  profit, 
doing  business  in  this  State,  and  owning  or  using  a  part 
or  all  of  its  capital  or  plant  in  this  State,  and  subject 
to  compliance  with  all  other  provisions  of  law,  and  in 
addition  to  all  other  statements  required  by  law,  shall 
make  a  report  in  writing  to  the  commission  in  such  form 
as  the  commission  may  prescribe. 

Verified.  §  5500.  Such  report  shall  be  signed  and  sworn 
to  before  an  officer,  authorized  to  administer  oaths,  by  the 
president,  vice-president,  secretary,  superintendent  or  man- 
aging agent  in  this  State,  and  forwarded  to  the  commission. 

Contents.     §5501.     Such  report  shall  contain: 

1.  The  name  of  the  corporation  and  under  the  laws 
of  what  State  or  county  organized. 

2.  The  location  of  its  principal  office. 

3.  The  names  of  the  president,  secretary,  treasurer 
and  members  of  the  board  of  directors,  with  the  post- 
office  address  of  each. 

4.  The  date  of  the  annual  election  of  officers. 

5.  The  amount  of  authorized  capital  stock,  and  the 
par  value  of  each  share. 

6.  The  amount  of  capital  stock  subscribed,  the 
amount  of  capital  stock  issued,  and  the  amount  of  capi- 
tal stock  paid  up. 

7.  The  nature  and  kind  of  business  in  which  the  com- 
pany is  engaged  and  its  place  or  places  of  business,  both 
within  and  without  the  State. 

8.  The  name  and  location  of  its  office  or  offices  in 
this  State,  and  the  name  and  address  of  the  officers  or 
agents  of  the  corporation  in  charge  of  its  business  in  this 
State. 

9.  The  value  of  the  property  owned  and  used  by  the 
company  in  this  State,  where  situated,  and  the  value  of 
the  property  owned  and  used  outside  of  this  State,  and 
where  situated. 

10.  The  change  or  changes,  if  any,  in  the  above  par- 
ticulars,  made   since   the  last  annual  report. 

Valuation  certified  to  auditor  of  State.  §  5502.  Upon 
the  filing  of  the  report,  provided  for  in  the  last  three 
preceding  sections,  the  commission,  from  the  facts  thus 
reported  and  any  other  facts  coming  to  its  knowledge 
bearing  upon  the  question,  shall,  on  the  first  Monday  in 
September,  determine  the  proportion  of  the  authorized 
capital  stock  of  the  company  represented  by  its  property 
and    business    in    this    State.      On    the    first    Monday    of 


October,  the  commission  shall  certify  the  amount  of  the 
proportion  of  the  authorized  capital  stock  of  each  such 
company  represented  by  its  property  and  business  in  this 
State,   as   determined   by   it,   to  the   auditor  of   State. 

Collection — Fee — Minimum.  §  5503.  On  or  before  Octo- 
ber 15,  the  auditor  of  State  shall  charge  for  collection, 
as  herein  provided,  annually,  from  such  company,  in  addi- 
tion to  the  initial  fees  otherwise  provided  for  by  law, 
for  the  privilege  of  exercising  its  franchises  in  this 
State,  a  fee  of  3-20  of  1  per  cent  upon  the  proportion  of 
the  authorized  capital  stock  of  tiie  corporation  repre- 
sented by  property  owned  and  used  and  business  trans- 
acted in  this  State,  which  fee  shall  not  be  less  than  $10 
in  any  case.  Such  fee  shall  be  payable  to  the  treasurer 
of  State  on  or  before  the  first  day  of  the  following  De- 
cember. 

Domestic  corporations — Hearing — Corrections.  S  5504. 
Between  the  dates  herein  fixed  for  the  determination  of 
the  amount  of  the  subscribed  or  issued  and  outstanding 
capital  stock  of  a  domestic  corporation  and  the  projior- 
tion  of  the  authorized  capital  stock  of  a  foreign  corixi- 
ration,  represented  by  property  owned  and  used  iind 
business  transacted  by  it  in  this  State,  and  the  dates 
herein  fixed  for  the  certification  to  the  auditor  of  State 
of  such  amount  or  proportion,  the  commission  may,  on 
the  application  of  any  person  or  company  interested,  or 
on   its  own   motion,   review  and  correct  its  findings. 

Receipt.  §  5505.  Upon  the  payment  of  the  tax  or  :'ee, 
provided  for  in  this  Act,  to  the  treasurer  of  State,  he 
treasurer  of  State  shall  make  out  and  deliver  to  he 
public  utility  or  corporation  so  paying  a  receipt  for  he 
payment  by  such  public  utility  or  corporation  of  the  ax 
or  fee  herein  provided  for. 

First  lien.  §  5506.  The  fees,  taxes  and  penalties,  re- 
quired to  be  paid  by  this  Act,  shall  be  the  first  and  b  3st 
lien  on  all  property  of  the  public  utility  or  corporati  m, 
whether  such  property  is  employed  by  the  public  uti  ity 
or  corporation  in  the  prosecution  of  its  business  or  is 
in  the  hands  of  an  assignee,  trustee  or  receiver  for  he 
benefit  of  the  creditors  and  stockholders  thereof. 

Penalty.  §  5507.  If  a  public  utility  or  corporation,  re- 
quired to  file  a  report  by  any  provision  of  this  Act,  ff  ils 
or  neglects  to  make  such  report,  as  required  herein,  it 
shall  be  subject  to  a  penalty  of  $10  per  day  for  ej 
day's  omission  after  the  time  limited  in  this  Act  | 
making   such   report. 

Liabilities  of  foreign  corporations — Insurance  compan  es 
not  included  in  this  Act.  §5508.  All  foreign  corporatio  is, 
and  the  officers  and  agents  thereof,  doing  business  in  t  lis 
State,  shall  be  subjected  to  all  the  liabilities  and  re- 
strictions that  are,  or  may  be  imposed  upon  corpc  ra- 
tions of  like  character,  organized  under  the  laws  of  t  lis 
State,  and  shall  have  no  other  or  greater  powers.  Ev  ry 
contract  made  by  or  on  behalf  of  any  such  foreign  <  or- 
poration,  affecting  the  liability  thereof  or  relating  to  its 
property  within  this  State,  before  it  shall  have  conipl  ed 
with  the  provisions  of  §  178  of  the  general  code,  si  all 
be  wholly  void  on  its  behalf  and  on  behalf  of  its  assigns, 
but  shall  be  enforceable  against  it  or  them.  Noth  ng 
contained  in  this  section  shall  be  held  or  construed  to 
apply  to  insurance  corporations,  fraternal  benefici  iry 
associations,  or  building  and  loan  associations  requi  ed 
by  law  to  report  to  the  superintendent  of  insurance,  lOi 
to  repeal,  change  or  modify  the  provisions  of  §  18S 
the  general  code.  ' 

Failure  to  report  or  pay  tax  or  fee;  effect  of — Cancel 
Hon  of  articles.  §  5509.  If  a  corporation,  wherever  or- 
ganized, required  by  the  provisions  of  this  Act,  to  file 
any  report  or  returns  or  to  pay  any  tax  or  fee,  either  as 
a  public  utility  or  as  a  corporation,  organized  under  the 
laws  of  this  State,  for  profit  or  as  a  foreign  corporation 
for  profit  doing  business  in  this  State  and  owning  or 
using  a  part  or  all  of  its  capital  or  plant  in  this  State, 
or  as  a  sleeping  car,  freight  line  or  equipment  company, 
fails  or  neglects  to  make  any  such  report  or  return,  or  to 
pay  any  such  tax  or  fee  for  90  days  after  the  time  pre- 
scribed in  this  Act  for  making  such  rei>ort  or  returns  or 
for  paying  such  tax  or  fee,  the  commission  shall  certify 
such  fact  to  the  secretary  of  State.  The  secretary  of 
State  shall  thereupon  cancel  the  articles  of  incorporation 
of  any  such  corporation  which  is  organized  under  the 
laws  of  this  State,  by  appropriate  entry  upon  the  margin 


11 

4 


■ea 

I 


Public  Service  Laws 


1085 


of  the  record  thereof,  or  cancel  the  certificate  of  author^ 
ity  of  any  such  foreign  corporation  to  do  business  in  this 
State  by  proper  entry.  Thereupon  all  the  powers,  privi- 
leges and  franchises  conferred  upon  such  corporations, 
by  such  articles  of  incorporation  or  by  such  certificate 
of  authority,  shall  cease  and  determine.  The  secretary 
of  State  shall  immediately  notify  such  domestic  or  for- 
eign   corporation   of  the   action   taken   by   him. 

Penalty.  §  5510.  Any  person  or  persons  who  shall  exer- 
cise, or  attempt  to  exercise,  any  powers,  privileges  or 
franchises,  under  the  articles  of  incorporation  or  certifi- 
cate of  authority,  after  the  same  are  canceled,  as  pro- 
vided in  §  120  of  this  Act,  shall  be  fined  not  less  than 
$100   nor   more   than   $1,000. 

Reinstatement.  §  5511.  Any  corporation  whose  articles 
of  incorporation  or  certificate  of  authority,  to  do  business 
in  this  State,  has  been  canceled  by  the  secretary  of 
State,  as  provided  in  §  120  of  this  Act,  upon  the  filing, 
within  tw'o  years  after  such  calcellation,  with  the  secre- 
tary of  State,  of  a  certificate  from  the  commission  that 
it  has  complied  with  all  the  requirements  of  this  Act 
and  paid  all  taxes,  fees  or  penalties  due  from  it,  and 
upon  the  payment  to  the  Secretary  of  State  of  an  addi- 
tional penalty  of  $100,  shall  be  entitled  again  to  exer- 
cise its  rights,  privileges  and  franchises  in  this  State, 
and  the  secretary  of  State  shall  cancel  the  entry  made 
by  him  under  the  provisions  of  §  120  of  this  Act,  and 
shall  issue  his  certificate  entitling  such  corporation  to 
exercise  its  rights,  privileges  and  franchises. 

Action  by  attorney-general.  *s  5512.  In  addition  to  all 
other  remedies  for  the  collection  of  any  taxes  or  fees 
due,  under  the  provisions  of  this  Act.  the  attorney- 
general,  shall,  upon  the  request  of  the  commission,  when- 
ever any  taxes,  fees  or  penalties .  due,  under  this  Act, 
from  any  public  utility  or  corporation,  shall  have  re- 
mained unpaid  for  a  period  of  90  days,  or  whenever  any 
corporation  or  public  utility  has  failed  or  neglected  for 
90  days  to  make  or  file  any  report  or  return,  required 
by  this  Act,  or  to  pay  any  penalty  for  failure  to  make 
or  file  such  report  or  return,  apply  to  the  Common 
Please  Court  of  Franklin  County,  or  of  any  county  in 
the  State  in  which  such  public  utility  or  corporation  is 
located  or  has  an  office  or  place  of  business,  for  an  in- 
junction to  restrain  such  public  utility  or  corporation 
from  the  transaction  of  any  business  within  this  State, 
until  the  payment  of  such  taxes  or  fees  and  penalties 
thereon,  or  the  making  and  filing  of  such  report  or  re- 
turn and  payment  of  penalties  for  failure  to  make  or 
file  such  report  or  return,  and  the  costs  of  such  appli- 
cation, which  shall  be  fixed  by  the  court.  Such  petition 
shall  be  in  the  name  of  the  State,  and  if  it  is  made  to 
appear  to  the  Court,  upon  hearing,  that  such  public  util- 
ity or  corporation  has  failed  and  neglected,  for  90  days, 
to  pay  such  taxes,  fees  or  penalties  thereon,  or  to  make 
or  file  such  reports  or  returns,  or  to  pay  such  penalties 
for  failure  to  make  or  file  such  reports. or  returns,  such 
Court  of  Common  Pleas  shall  grant  and  issue  such  in- 
junction. All  actions  brought  under  this  Act  shall  have 
precedence  over  any  civil  cause  of  a  different  nature  pend- 
ing in  such  court,  and  the  Court  of  Common  Pleas  shall 
always  be  deemed  open  for  the  trial  of  any  such  action 
brought  therein. 

Quo  warranto  proceedings.  %  5513.  If  any  corporation 
fails  or  neglects  to  make  and  file  the  reports  or  returns, 
required  by  this  Act,  or  to  pay  the  penalties  provided  in 
this  Act  for  failure  to  make  and  file  such  reports  or  re- 
turns, for  a  period  of  90  days  after  the  time  prescribed  in 
this  Act,  the  attorney-general,  on  the  request  of  the 
commission,  shall  commence  an  action  in  quo  warranto, 
in  the  Circuit  Court  of  Franklin  County,  or  of  any  county 
in  this  State  in  which  such  corporation  is  located  or  has 
an  ofl^ce  or  place  of  business,  forfeit  and  annual  its 
privileges  and  franchises.  If  the  court  is  satisfied  that 
any  such  corporation  is  in  default  as  aforesaid,  it  shall  ren- 
der Judgment  ousting  such  corporation  from  the  exercise 
of  its  privileges  and  franchises  within  this  State,  and 
shall  otherwise  proceed  as  provided  in  chapter  1  of  title 
8,  part   3  of   the  general   code. 

Certified  list  of  new  corporations  each  month  by  secre- 
tary of  State  to  commission.  §  5514.  The  secretary  of 
State  shall  prepare  and  keep  a  correct  list  of  all  corpo- 
rations, subject  to  the  provisions  of  this  Act,  engaged 
In  business  within   this  State.     Each   month   he  shall  file 


with  the  commission  a  certified  report  showing  all  the 
new  corporations,  the  increase  or  decrease  of  the  capital 
stock,  or  the  dissolution  of  existing  corporations,  and 
such  other  information  as  the  commission  requires.  For 
the  purpose  of  obtaining  the  necessary  information,  the 
secretary  of  State  or  the  commission,  shall  have  access 
to  the  records  of  the  offices  of  the  county  auditors  of  the 
State. 

Information  by  county  auditors.  §  5515.  Upon  request 
of  the  secretary  of  State  or  the  commission,  any  county 
auditor  shall  furnish  such  information  as  is  shown  by 
the  records  of  his  office  concerning  corporations  located 
within  his  county,  and  subject  to  the  provisions  of  this 
Act. 

Investigation.  §5516.  For  the  purpose  of  determining 
the  amount  of  fees  due  from  any  such  corporation,  the 
commission  may  investigate  and  determine  the  facts 
showing  the  proportion  of  the  authorized  capital  stock 
of  the  company  represented  by  its  property  and  business 
in  this  State. 

Hearing.—Rcview.  §  5517.  Any  bank,  public  utility  or 
corporation  may  be  heard  by  the  commission  upon  the 
question  as  to  the  correctness  of  any  determination, 
finding  or  order  of  the  commission  after  the  same  has 
been  made.  Application  to  the  commission  for  a  review 
of  any  determination,  finding  or  order  by  it  made,  must 
be  filed  within  60  days  after  the  passage  of  this  Act,  or 
within  60  days  from  the  date  of  the  certification  thereof 
by  the  commission  to  the  proper  officer.  The  commis- 
sion, upon  such  application,  may  make  such  correction 
in  its  determination,  finding  or  order,  as  it  may  deem 
proper,  and  its  decision  in  the  matter  shall  be  final. 
Such  correction  shall  be  certified  to  the  proper  official, 
who  shall  correct  his  records  and  duplicates  in  accord- 
ance therewith.  In  case  any  such  bank,  public  utility 
or  corporation  has  paid  tne  tax  or  fee  assessed  against 
it  under  mistake,  and  such  mistake  is  corrected  by  the 
commission,  upon  application  so  filed,  so  that  the  amount 
due  from  such  bank,  public  utility  or  corporation,  under 
such  corrected  determination,  finding  or  order,  is  less 
than  the  amount  of  the  taxes  or  fees  paid,  the  county 
auditor  or  the  auditor  of  State,  as  the  case  may  be, 
shall,  upon  certificate  of  such  correction,  as  herein  pro- 
vided, draw  his  warrant  on  the  treasurer,  in  favor  of 
the  bank,  public  utility  or  corporation,  for  the  amount 
so  erroneously  paid  by  it.  The  county  treasurer  or  the 
treasurer  of  State,  as  the  case  may  be,  shall  pay  such 
warrant;  and  there  is  hereby  appropriated  from  the 
general  revenue  fund  of  any  such  county  and  from  the 
general  revenue  fund  of  the  State,  not  otherwise  ap- 
propriated, such  amount  as  may  be  necessary  to  pay 
such   warrants. 

Insurance  companies  excepted.  §  5518.  An  incorporated 
company,  whether  foreign  or  domestic,  owning  or  operat- 
ing a  public  utility  in  this  State,  and  as  such  required 
by  law  to  file  reports  with  the  tax  commission  and  to  pay 
an  excise  tax  upon  its  gross  receipts  or  gross  earnings 
as  provided  in  this  Act,  and  insurance,  fraternal  bene- 
ficial, building  and  loan,  bond  investment  and  other  cor- 
porations, required  by  law  to  file  annual  reports  with  the 
superintendent  of  insurance,  shall  not  be  subject  to  the 
provisions  of  §§  106  to   115,  inclusive,  of  this  Act. 

Report  not  required  until  lapse  of  six  months  from  date 
of  incorporation.  §  5519.  A  corporation  shall  not  be  re- 
quired to  file  its  first  annual  report  under  §§  106  to  115, 
inclusive,  of  this  Act,  until  the  proper  month,  herein- 
before provided,  for  the  filing  of  such  report,  next  fol- 
lowing the  expiration  of  six  months  from  the  date  of  its 
incorporation  or  admission  to  do  business  in  this  State. 
Dissolution  no  exemption  from  payment  or  filing  report. 
§  5520.  The  mere  retirement  from  business  or  voluntary 
dissolution  of  a  domestic  or  foreign  corporation,  without 
filing  the  certificate,  provided  for  in  §§  11,974,  11,975  and 
11,976  of  the  general  code,  shall  not  exempt  it  from  the 
requirements  to  make  reports  and  pay  fees  or  taxes  in 
accordance  with  the  provisions  of  this  Act. 

Certificate  of  dissolution.  §  5521.  In  case  of  dissolution 
or  revocation  of  its  charter,  on  the  part  of  a  domestic 
corporation,  or  of  the  retirement  from  business  in  this 
State,  on  the  part  of  a  foreign  corporation^  the  secre- 
tary of  State-  shall  not  permit  a  certificate  of  such  action 
to  be  filed  with  him  unless  the  commission  shall  certify 
that   all    reports,    required    to   be   made   to    it,    have   been 


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National  Association  of  Railway  Commissionebs 


filed  in  pursuance  of  law,  and  that  all  taxes  or  fees 
and  penalties  thereon  due  from  such  corporation  have 
been  paid. 

Affidavits  as  to  use  of  vioney  or  property  in  aid  of  elec- 
tions— Form  prescribed  by  commission  and  made  part  of 
return.  §  5522.  Every  corporation  or  public  utility  re- 
quired, by  the  provisions  of  this  Act,  to  make  returns, 
statements  or  reports  to  the  commission,  shall  file  there- 
with. In  such  form  as  the  commission  may  prescribe,  an 
affidavit  subscribed  and  sworn  to  by  a  person  or  officer 
having  knowledge  of  the  facts  therein  set  forth,  setting 
forth  that  such  corporation  or  public  utility  has  not, 
during  the  preceding  year,  directly  or  indirectly  paid, 
used  or  offered,  consented  or  agreed  to  pay  or  use,  any 
of  its  money  or  property  for,  or  in  aid  of  any  political 
party,  committee  or  organization,  or  for,  or  in  aid  of  any 
candidate  for  political  office  or  for  nomination  for  any 
such  office,  or  in  any  manner  used  any  of  its  money  or 
property  for  any  political  purpose  whatever,  or  for  the 
reimbursement  or  indemnification  of  any  person  or  per- 
sons for  moneys  or  property  so  used.  Such  forms  of 
affidavit  as  the  commission  may  prescribe  shall  be  at- 
tached to  or  made  a  part  of  the  return,  statement  or 
report  required  to  be  made  by  such  corporation  or  public 
utility   under   any    provision   of   this   Act. 

Certificate  of  secretary  of  State  as  to  foreign  corpora- 
tion doing  business  without  compliance  with  laws — Prosecu- 
tion. §  5523.  When  the  secretary  of  State  has  knowledge 
that  a  foreign  corporation,  organized  for  profit,  and 
owning  or  using  a  part  or  all  of  its  capital  and  plant 
in  this  State,  is  doing  business  in  this  State  without 
having  complied  with  the  laws  thereof,  he  shall  certify 
such  fact  to  the  commission.  The  commission,  when  it 
ascertains  from  such  certificate  of  the  secretary  of  State, 
or  otherwise,  that  any  such  foreign  corporation  is  doing 
business  in  this  State  without  having  complied  with  the 
laws  thereof,  shall  certify  the  same  to  the  attorney-gen- 
eral, with  the  request  that  he  prosecute  an  action  against 
such  foreign  corporation  for  the  penalties  provided  by 
law,  in  the  Court  of  Common  Pleas  of  Franklin  County, 
or  in  any  county  in  which  the  corporation  has  an  office 
or  place  of  business.  It  shall  be  the  duty  of  the  attorney- 
general,  upon  receipt  of  such  request,  to  commence  and 
prosecute  such  an  action.  On  good  cause  shown,  the 
commission  may  remit  the  penalty,  or  part  thereof,  in- 
curred by  a  foreign  corporation  under  the  provision  of 
chapter  2,  of  division  1,  title  3,  part  1,  general  code. 

Compromise.  §  5524.  With  the  advice  and  consent  of 
the  commission,  the  attorney-general  may,  before  or  after 
any  action  for  the  recovery  of  fees,  taxes  or  penalties 
certified  to  him,  as  delinquent,  under  the  provisions  of 
this  Act,  compromise  or  settle  any  claim  for  delinquent 
taxes,  fees  or  penalties  so  certified. 

And  all  claims  compromised  or  settled  as  herein  pro- 
vided shall  be  set  forth  in  the  annual  report  of  the  tax 
commission  to  the  general  assembly  and  governor,  giving 
in  detail  the  terms  and  conditions  of  such  compromise  or 
settlement. 

Power  to  increase  or  decrease  value  of  shares — Report  of 
cashier  or  manager.  S  5603.  The  commission  may  increase 
or  decrease  the  value  of  the  shares  of  incorporated 
banks,  and  also  the  shares  of  unincorporated  banks, 
the  capital  stock  of  which  is  divided  into  shares,  each 
of  which  shares  is  an  aliquot  part  of  the  capital  so  di- 
vided, and  of  the  property  representing  the  capital  em- 
ployed by  unincorporated  banks,  the  capital  stock  of 
which   is   not  divided   into   shares. 

On  or  before  the  first  day  of  June,  annually,  each 
county  auditor  shall  make  and  transmit  to  the  commis- 
sion a  copy  of  the  report  made  by  the  cashier,  manager 
or  owner  of  each  bank,  with  the  valuation  of  the  shares 
or  property  representing  capital  employed  of  the  bank, 
as  fixed  by  him. 

Examination  of  bank  returns.  S  5604.  On  the  third 
Tuesday  of  June  of  each  year,  the  commission  shall  ex- 
amine the  returns  of  such  banks  to  the  county  auditors, 
and  the  value  of  such  shares  and  of  the  property  repre- 
senting the  capital  employed  as  fixed  by  the  county 
auditors,  and  reported  to  the  commission. 

Hearing.  §  5605.  The  commission  shall  Hear  complaints 
and  Increase  or  decrease  the  value  of  such  shares  and 
property    representing    capital    employed,    It   in    the   judg- 


ment of  the  commission,  the  value  of  all  the  bank  prop- 
erty so  reported  to  the  commission,  by  the  county  audi- 
tors. Is  not  its  true  value  in  money. 

Certificate  of  valuations  to  county  auditors,  i  5606.  On 
the  third  Tuesday  of  July,  the  commission  shall  certify 
to  the  auditors  of  the  proper  counties,  the  valuations  of 
the  shares  of,  and  property  representing  capital  em- 
ployed by  banks  situated  in  such  counties,  which  valua- 
tion  shall   be   placed   upon   the   proper   tax   duplicate. 

Review :  corrections.  §  5607.  Between  the  date  herein 
fixed  for  the  examination  of  the  returns  of  banks  and  the- 
date  herein  fixed  for  the  certification  of  the  valuation  of 
the  shares  of  and  property  representing  capital  employed 
by  such  banks,  the  commission  may,  on  the  application 
of  any  Interested  person  or  bank,  or  on  its  own  motion, 
review  and  correct  its  findings. 

County  auditors  shall  transmit  abstract  of  real  property 
to  commission.  S  5542-8.  On  or  before  the  first  Monday  of 
November,  1914,  and  every  fourth  year  thereafter,  each 
county  auditor  shall  make  and  transmit  to  the  comtiis- 
slon  an  abstract  of  the  real  property  of  each  taxing  dis- 
trict in  his  county,  in  which  he  shall  set  forth  the  value 
thereof,  as  returned  by  the  assessors,  with  such  addl-  ■ 
tions  as  have  been  made  thereto. 

Additions  and  deductions.  §  5542-10.  When  the  com- 
mission has  determined  the  true  value  of  the  real  piop- 
erty  in  the  several  taxing  districts  or  subdivisions  thereof 
It  shall  transmit  to  each  county  auditor  a  statement  of 
the  amount  to  be  added  or  deducted  from  the  valuation 
of  the  real  property  of  each  taxing  district  or  subdivision 
thereof  in  his  county,  specifying  the  amount  to  be  added 
to  or  deducted  from  the  valuation  of  the  real  property 
of  each  of  the  several  taxing  districts  or  subdivisl  ms 
thereof. 

Equalization.  S  5542-11.  The  county  auditor  shall  foi  th- 
with  add  to  or  deduct  from  each  tract  or  lot  of  leal 
property  in  his  county,  the  required  per  cent  or  amo  mt 
of  the  valuation  thereof,  as  it  stands  after  it  has  b  en 
equalized  by  the  county  and  city  boards  of  equalization, 
adding  or  deducting,  in  each  case,  any  sum  less  tl  an 
$5,  so  that  the  value  of  any  separate  tract  or  lot 
be  $10  or  some  multiple  thereof.  ' 

Reassessment.  S  5616.  The  commission  shall  ordfl' 
reassessment  of  the  real  or  personal  property  in  a  '  ax^ 
ing  district,  when  in  the  judgment  of  the  commisE  on 
such  property  has  not  been  assessed  at  its  true  V8  lue 
in  money,  to  the  end  that  all  classes  of  property  In  s  ich 
taxing  district  shall  be  assessed  in  compliance  with  ha 
law. 

Appraisers.  §  5617.  When  a  reassessment  is  orderet  ia 
any  taxing  district  the  commission  shall  appoint  an  ap- 
praiser or  board  of  appraisers  who  shall  forthwith  :  ro- 
ceed  to  reassess  such  property  in  such  taxing  dist  ict 
and  who  shall  have  all  the  powers,  perform  all  the  du  ies- 
and  receive  the  sam.e  compensation  from  the  s;  me 
sources,  as  provided  by  law,  for  assessors  of  real  or 
sonal  property,  as  the  case  may  be. 

Omitted  property.     §  5617-1.     The  commission  shall 
quire    county    auditors    to    place    upon    the    tax    duplh  ate 
any    property    which    may    be    found,    for    any    reason, 
have  escaped   assessment  and   taxation. 

Hearing;  increase  or  decrease  of  value.  §5617-2. 
commission  may  raise  or  lower  the  assessed  value  of 
real  or  personal  property,  first  giving  notice  to  the  on  ner 
or  owners  thereof,  fixing  a  time  and  place  for  hea  in? 
any  person  or  persons  interested  to  the  end  that  the 
assessment  laws  of  the  State  may  be  equitably  adminis- 
tered. 

Commission  to  be  heard  in  court.  S  5617-3.  For  the 
purpose  of  protecting  the  public  interest,  the  commission 
is  authorized  to  appear  and  upon  its  application  entitled 
to  be  heard  in  any  court  or  tribunal,  in  any  procee.iing 
involving  the  appraisement,  valuation  or  equalization 
thereof,  of  property  for  purposes  of  taxation,  or  the  as- 
sessment or  collection  of  taxes.  It  shall  be  the  duty  of 
the  clerk  of  any  court  of  record  in  this  State,  to  im- 
mediately transmit  to  the  commission,  by  registered 
letter,  a  copy  of  the  petition  filed  in  such  action,  and 
charge  the  fee  therefor  in  the  costs. 

Remission;  correction  of  errors.  S  5617-4.  §  149.  The  com- 
mission may  remit  taxes  and  penalties  therein,  found  by  It 


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to  have  been  illegally  assessed,  and  such  penalties  as  have 
accrued,  or  may  accrue,  in  consequence  of  the  negligence 
or  error  of  an  officer  required  to  perform  a  duty  relating 
to  the  assessment  of  property  for  taxation,  or  the  levy 
or  collection  of  taxes.  It  may  correct  an  error  in  an 
assessment  of  property  for  taxation  or  in  the  duplicate 
of  taxes  in  a  county,  but  its  power  under  this  section, 
shall  not  extend  to  taxes  levied  under  the  provisions  of 
subdivisions  2  of  chapter  15  of  title  2,  part  2,  of  the 
general    code. 

Notice  to  auditor  when  remission  in  excess  of  $100. 
§  5617-5.  No  such  taxes,  assessments  or  penalties,  in  ex- 
cess of  $100,  shall  in  any  case  be  remitted  until  after 
at  least  10  days'  notice  of  the  application  to  have  them 
remitted  shall  have  been  served  upon  the  prosecuting 
attorney  and  the  county  auditor  of  the  county  where 
such  taxes  or  assessments  were  levied,  and  proof  of  such 
service  has  been  filed  with  the  commission.  When  any 
taxes  or  penalties  have  been  remitted  as  provided  in 
this  and  the  next  preceding  section,  the  commlssioa 
shall  make  a  report  thereof  to  the  auditor  of  State. 

Examination  of  complaints.  '  §  5617-6.  The  commission 
may  receive  complaints  and  examine  into  all  cases  where 
it  is  alleged  that  property  subject  to  taxation  has  not 
been  assessed  or  has  been  fraudulently  or  for  any  reason 
improperly  or  unfairly  assessed,  or  the  law,  in  any 
manner,   evaded   or   violated. 

Neplipcnt  administration  of  tax  laics.  S  5617-7.  The 
commission  may  cause  to  be  Instituted  proceedings  to 
remedy  improper  or  negligent  administration  of  the  taxa- 
tion laws  of  the  State. 

Forms  of  returns  prescribed  and  transmitted  to  county 
auditors  by  commission.  S  5617-S.  The  commission  shall 
prepare  and  transmit  to  county  auditors  such  forms  of 
returns  to  be  made  by  them  to  its  office,  and  such  in- 
structions as  it  deems  conducive  to  the  best  interests  of 
the  State  upon  a  subject  affecting  taxation,  or  the  con- 
struction of  any  statute  aitecting  taxation,  the  execution 
of  which  devolves  upon  any  olTicer.  It  shall  see  that  all 
laws  ccncerning  the  valuation  and  assessment  of  all 
classes  of  property,  and  the  collection  of  taxes  thereon 
are  faithfully  obeyed.  It  shall  issue  such  orders  and 
instructions  as  will  carry  into  effect  the  provisions  of 
law  relating  to  taxation  and  shall  cause  the  same  to  be 
enforced.  County  auditors  and  other  officers  shall  ob- 
serve and  use  such  forms  and  obey  such  orders  and  in- 
structions. 

Penalty  for  violations.  ^  12924-1.  Whoever,  being  an 
officer,  agent  or  employe  of  any  public  utility,  company, 
firm,  person,  copartnership,  corporation  or  association, 
subject  to  the  provisions  of  any  law  which  the  tax 
commission  of  Ohio  is  required  to  administer,  shall  fail 
or  refuse  to  fill  out  and  return  any  blanks,  as  required 
by  such  law,  or  shall  fail  or  refuse  to  answer  any  ques- 
tions therein  propounded,  or  shall  knowingly  or  wilfully 
give  a  false  answer  to  any  such  question  where  the  fact 
inquired  of  is  within  his  knowledge,  or  who  shall,  upon 
proper  demand,  fail  or  refuse  to  exhibit  to  such  com- 
mission or  any  commissioner  or  any  person  duly  au- 
thorized, any  book,  paper,  account,  record  or  memoranda 
of  such  public  utility,  which  is  in  his  possession  or  under 
his  control,  shall  be  fined  not  more  than  $1,000  for  each 
offense. 

Forfeiture.  §  12924-2.  A  forfeiture  of  not  less  than  $500 
nor  mere  than  $1  000  shall  be  recovered  from  any  such 
public  utility,  company,  firm,  person,  copartnership,  cor- 
poration or  association  for  each  violation  of  the  next 
preceding  section,  when  such  officer,  agent  or  employe 
acted  in  obedience  to  the  direction,  instruction  or  request 
of  such  public  utility,  company,  corporation  or  associa- 
tion or  any  general  officer  thereof. 

Penalty — Construction  and  enforcement  of  the  laip. 
%  12924-3.  Whoever  violates  any  provision  of  a  law,  which 
the  tax  commission  of  Ohio  is  required  to  administer, 
or  neglects  or  refuses  to  perform  any  duty  therein  re- 
quired, for  which  a  penalty  has  not  otherwise  been  pro- 
vided, or  neglects  or  refuses  to  obey  any  lawful  require- 
ment or  order  made  by  such  commission,  for  every  such 
Tlolatlon,  failure  or  refusal  shall  be  fined  not  less  than 
$25  nor  more  than  $1,000  for  each  offense.  In  construing 
and    enforcing    the    provisions    of    this    section,    the    act, 


omission  or  failure  of  any  officer,  agent  or  other  person 
acting  for  or  employed  by  any  public  utility,  company, 
firm,  person,  copartnership,  corporation  or  association, 
acting  within  the  scope  of  his  employment,  shall,  in  every 
ease,  bo  the  act,  omission  or  failure  of  such  public  utility, 
company,  firm,  person,  copartnership,  corporation  or 
association. 

Penalty  for  false  list  or  return  of  assessment  or  valua- 
tion. §  12924-4.  Whoever,  being  a  member  of  the  tax  com- 
mission of  Ohio,  or  an  assessor  or  a  member  of  a  county 
board  of  equalization,  or  a  person  whose  duty  it  is  to 
list,  value,  assess  or  equalize  real  or  personal  property 
for  taxation,  shall  knowingly  or  wilfully  fail  to  list  or 
return  for  assessment  cr  valuation  any  real  estate  or 
personal  property,  or  knowingly  or  wilfully  lists  or  re- 
turns for  assessment  or  valuation  any  real  or  personal 
property  at  any  other  than  its  true  value  in  money,  or 
shall  wilfully  or  knowingly  fail  to  equalize  any  real  or 
personal  property  according  to  its  true  value  in  money, 
shall  be  fined  not  less  than  $50  nor  more  than  $500  and 
in  addition  thereto,  if  he  be  an  officer,  shall  forfeit  his 
office  or  position. 

Each  day  a  separate  offense.  S  12924-5.  Every  day  dur- 
ing which  any  public  utility,  company,  corporation,  asso- 
ciation, firm,  copartnership,  officer  or  individual,  subject 
to  the  provisions  of  any  law  which  the  tax  commission 
of  Ohio  is  required  to  administer,  or  any  officer,  agent 
or  employe  thereof  shall  wilfully  fail  to  observe  and 
comply  with  any  order  or  direction  of  such  commission 
or  to  perform  any  duty  enjoined  by  such  law,  shall  con- 
stitute a  separate   and   distinct  offense. 

Application  of  preceding  sections.  S  5525.  The  pro- 
visions of  S§  120,  121,  122.  123  and  124  of  this  Act  shall 
apply  to  any  public  utility  or  corporation  which,  for 
two  years  prior  to  and  for  90  days  from  and  after  the 
passage  of  this  Act,  shall  fail  to  pay  any  taxes  cr  fees 
or  penalties  thereon,  due  from  it  to  the  State  of  Ohio, 
or  to  make  or  file  any  report  or  return,  required  by  law. 
or  to  pay  any  penalty  provided  by  law  for  failure  to 
make   or  file   any   report  cr  return   required  by  law. 

Independent  sections.  §  160.  The  sections  of  this  Act, 
and  every  part  of  such  sections,  are  hereby  declared  to 
be  independent  sections  and  parts  of  sections  and  the 
holding  of  any  section  or  part  thereof  to  be  void  or  In- 
effective shall  not  affect  any  other  section  or  part  thereof. 

Pending  actions,  etc..  not  affected.  §  161.  Nothing  in 
this  Act  shall  be  held  or  construed  to  affect  pending 
actions,  prosecutions  or  proceedings,  civil  or  criminal, 
or  causes  of  such  actions,  prosecutions  or  proceeding 
existing  at  the  time  it  takes  effect. 

IBuilding  and  loan  associations,  etc.  §  162.  Nothing  in 
this  Act  shall  be  held  or  construed  to  permit  the  com- 
mission, or  any  of  its  agents  or  employes,  to  examine 
the  deposit  accounts  or  take  a  list  of  the  depositors  of 
any  building  and  loan  association  or  bank,  savings  bank, 
savings  society,  society  for  savings,  savings  and  lean 
association,  safe  deposit  company,  trust  company  and 
savings  and  trust  company,  or  a  list  of  the  share  hold- 
ers of  any  building  and  loan  association.] 

§  163.  That  §§  5446  to  5542-8,  inclusive,  and  5542-10 
to  5542-24,  inclusive,  of  the  general  code,  as  enacted 
May  10,  1910  (101  Ohio  L.  399),  be,  and  the  same  are 
hereby,    repealed. 

Passed   May   31,   1911. 

Sections   1    to  IGl,  both  inclusive,  and   §   163. 

Approved   June  2,   1911. 

June   2,   1911. 

CHAPTER     10.      STREET     AND     INTERURBAN     RAIL- 
ROADS. 

S  9100.  Authority  to  construct  a  street  railway. 

§  9101.  Who    to   grant    right   to   construct. 

§  9102.  Grantee  not  to  be  released  from  obligation. 

§9103.  Right  to  occupy  tracks  of  existing  companies. 

§  9104.  Extensions   to   be    constructed    as   new. 

S  9105.  Consent   of  owners  of  abutting   property. 

S  9106.  When   written   consent  not  required. 

§  9107.  When  property  owner  cannot  withdraw  con- 
sent. 

S  9108.  Appropriation  of  property. 


1088 


National  Association  op  Railway  Commissioners 


§  9109.  Appropriation  of  property  of  turnpilce  or  plank 
road. 

§  9110.     Oatli    in    appropriation    proceedings. 

§  9111.     How  compensation   ascertained. 

§  9112.     Consent  of   authority    controlling   public    road. 

§  9113.     Terms    and   conditions    of    construction,    etc. 

§  9114.     Free  transportation  of  police  and  firemen. 

§  9115.     Appropriation  of  property  by  directors. 

§  9116.     Change  of  location  of  any  portion  of  railway. 

§  9117.  Construction  of  street  railroads  outside  of 
municipalities. 

§  9118.     Occupancy    and    use   of   public    highways. 

§  9119.     Eminent   domain. 

§  9120.     Leases,  purchases   and  traffic   arrangements. 

§  9121.     Consolidation. 

§  9122.     Regulations  and  powers. 

§  9123.     Watchmen. 

§9124.  Repairs  at  crossings;  stopping  of  cars  at 
crossings. 

§  9125.  Full  stop  when  approaching  steam  railway 
crossing. 

§  9126.     Forfeiture  under  preceding  sections. 

§  9127.     Consolidation   of   street   railway   companies. 

§  9128.     To   what  companies   provisions,  do   not  apply. 

§  9129.     Consolidation   of   electric   road   companies. 

§  9130.  Interurban  road  may  contract  for  use  of 
tracks  in  cities. 

§  9131.  Privileges  and  obligations  of  the  street  rail- 
way  apply. 

§  9132.     Not   necessary    to    obtain    additional    grant. 

§9133.     Fare    charged    within    city. 

§  9134.  Lease  or  purchase  electric  or  gas  light,  heat, 
power   or   fuel  company. 

§  9135.     Dissenting   stockholder. 

§  9136.  Liabilities  of  the  company  leased  or  pur- 
chased.   . 

§  9137.     May    acquire    property    of    other    companies. 

§  9138.     Agreements   with   other  companies. 

§  9139.     Fare  cannot  be  increased. 

§  9140.     Powers  of  inclined   plane,  railway   company. 

S  9141.     How   street  crossings   to  be  made. 

§  9142.     Elevated   railroads. 

§  9143.     Manner    of   such    construction. 

§  9144.     Terms  of  grant. 

§  9145.     Appropriation  of  property. 

§  9146.     Damages   to  other   property. 

§  9147.     Purchase    of   road   by    city. 

§  9148.  Company  to  notify  authorities  of  acceptance  or 
rejection  of  grant. 

§  9149.     Submission   of   grant   to   electors. 

Authority  to  construct  a  street  railway.  S  9100.  Street 
railways,  with  single  or  double  tracks,  sidetracks  and 
turnouts,  may  be  constructed  or  extended  within  or  with- 
out or  partly  within  and  partly  without  any  municipal 
corporation.  Offices,  depots  and  other  necessary  build- 
ings therefor  also  may  be  constructed.     (R.   S.   §  3437.) 

Who  to  grant  right  to  construct.  §  9101.  The  right  to 
construct  or  extend  such  railway,  within  or  beyond  the 
limits  of  a  municipal  corporation,  may  be  granted  only 
by  the  council,  by  ordinance;  the  right  to  construct 
such  railway  without  the  limits  of  a  municipal  corpora- 
tion may  be  granted  only  by  the  commissioners  by  an 
order  entered  on  their  journal.     (96  v.  31,  §  29.) 

Grantee  not  to  he  released  from  obligation.  §  9102. 
After  such  grant  or  the  renewal  of  any  grant  has  been 
made,  by  general  or  special  ordinance,  or  the  order  of 
county  commissioners,  neither  the  municipality  nor  com- 
missioners shall  release  a  grantee  from  any  obligations 
or  liabilities  imposed  by  the  terms  of  the  grant,  or  re- 
newal of  any  grant,  during  the  term  for  which  such 
grant  or  renewal  was  made.     (96  v.  31   §  29.) 

Right  to  occupy  tracks  of  existing  companies.  S  9103. 
No  right  shall  be  given  by  such  municipal  or  county  au- 
thorities to  occupy  the  track,  single  or  double,  or  other 
structure,  of  existing  street  railways  for  more  than  one- 
eighth  of  the  distance  between  the  termini  of  the  route, 
as  actually  constructed,  operated  and  run  over,  of  the 
company  or  person  to  whom  such  grant  is  made.  But 
in  granting  permission  to  existing  routes  in  cities,  the 
cities  and  companies  owning  such  route  shall  have  all 
the  rights  and  powers  which  they  possess  under  existing 
laws  and  contracts.-     (96  v.  31,  §  29.) 


Extensions  to  be  constructed  as  new.  §  9104.  No  ex- 
tension of  a  street  railway  located  wholly  outside  of  a 
city,  or  of  one  wherever  located,  which  is  built  in  pur- 
suance of  a  right  obtained  from  authority  other  than 
that  of  a  municipal  corporation,  shall  be  made  within 
the  limits  of  such  city,  except  as  a  new  route.  (96  v. 
31,   §   29.) 

Consent  of  owners  of  abutting  property.  S  9105.  No 
such  grant  shall  be  made  until  there  is  produced  to 
council,  or  the  commissioners,  as  the  case  may  be,  the 
written  consent  of  the  owners  of  more  than  one-half 
of  the  feet  front  of  the  lots  and  lands  abutting  on  the 
street  or  public  way,  along  which  it  is  proposed  to  con- 
struct such  railway  or  extension  thereof;  and  the  pro- 
visions of  all  ordinances  of  the  council  relating  thereto 
have  in  all  respects  been  complied  with,  whether  the 
railway  proposed  is  an  extension  of  an  old  or  the  grant- 
ing of  a  ne  wroute.     (R.  S.   §  3439.) 

When  written  consent  not  required.  §  9106.  But  wlien 
such  grant  is  made  by  the  council  of  a  municipal  cor- 
poration, either  for  a  new  route  or  as  an  extension  of 
an  existing  route,  on  and  along  any  part  of  a  street  or 
public  way  upon  which  a  street  railway  has  been  operated, 
within  one  year  preceding,  under  a  grant  or  renewal  of 
a  grant  which  has  expired  or  within  two  years  will  ex- 
pire, it  shall  not  be  necessary  to  produce  to  the'courcil 
any  written  consents  from  the  owners  of  the  lots  snd 
land  abutting  on  such  part  of  a  street  or  public  wi  y; 
in  case  the  number  of  tracks  thereon  or  part  thereof  is 
not  increased  beyond  the  number  for  which  conse;its 
originally    were   obtained.      (R.    S.    §   3439.) 

When  property  owner  cannot  withdraw  consent.  §9107. 
Nothing  contained  in  the  preceding  section  shall  pen  lit 
a  person  owning  property  abutting  on  a  street  along,  in 
or  over  which  a  street  railway  is  about  to  be  construci  ed 
to  withdraw  his  consent  after  an  ordinance  granting  the 
right  to  construct  and  operate  it  has  been  read  Ihe 
second  time,  if  at  least  30  days  elapsed  since  the  fi  'st 
reading  thereof,  in  the  council  or  other  body  authorised 
to    make   the    grant.      (R.    S.    §    3439a.) 

Appropriation  of  property.  §9108.  When  the  couroil 
or  commissioners  make  such  grant,  the  company  or  p  >r- 
son  to  whom  it  is  made  may  appropriate  property  n  !C- 
essary  therefrom,  if  the  owner  fails  expressly  to  wa  ve 
his  claim  to  damages  by  reason  of  the  construction  and 
operation  of  the  railway.     (R.   S.   §   3440.) 

Appropriation  of  property  of  turnpike  or  plank  ro  d. 
§  9109.  Such  power  to  appropriate  may  be  exercised,  oi 
the  purpose  of  constructing  a  street  railway  along  a 
highway  occupied  by  a  turnpike  or  plank  road  compa  ly, 
when  the  person,  persons  or  company  authorized  to  c  m-  , 
struct  such  railway  cannot  agree  with  the  turnpike  or 
plank  road  company  on  the  terms  and  conditions  Vl\  on 
which  the  highway  may  be  occupied,  and  if  such  app  o- 
priation  will  not  unnecessarily  interfere  with  the  r  ia- 
sonable  use  of  the  highway  by  the  turnpike  or  plank 
road  company.  Nothing  in  the  foregoing  provisions  shall 
affect  the  rights  of  property  owners  to  give  or  withh  Id 
their  consent  concerning  the  right  of  way  for  str' 
railways  upon  any  street  or  road.     (R.  S.  §  3440.)        1 1 

Oath  in  appropriation  proceedings.  §  9110.  In  casa  | 
appropriation  of  property  for  such  purpose,  the  <M| 
to  be  administered  to  the  jury  shall  be  as  follo|| 
"You  and  each  of  you  do  solemnly  swear  that  you  \\ 
justly  and  impartially  assess,  according  to  your  bi 
judgment,  the  amount  of  compensacion  which  is  due 
(here  name  the  owner  or  owners)  by  reason  of  the  ip- 
propriation  of  the  street  or  avenue  (as  in  the  stateni'-nt 
described),  irrespective  of  any  benefit  from  any  improve- 
ment proposed  by  such  (here  name  the  company,  ii|' 
vidual,  or  company  of  individuals),  and  that  you  wil| 
assessing  damages  that  may  accrue  to  (here  name  ', 
owner  or  owners)  by  reason  of  the  api)ropriation,  o| 
than  the  compensation,  further  ascertain  how  much 
valuable  the  lot  or  lots  of  such  (here  name  the  owner' 
owners)  will  be  in  consequence  of  such  appropriation."' 
(R.   S.   §   3442.) 

How  compensation  ascertained.  §  9111.  The  jury,  in 
ascertaining  such  compensation  or  damages,  shall  deter- 
mine the  amount  thereof  without  reference  to  the  dis- 
tinction between  a  public  and  a  private  nuisance,  and  the 
effect  of  such   distinction   upon  the  right  of  such   owner 


ove- 

I 


Public  Service  Laavs 


1089 


or  owners  to  claim  compensation  or  damages,  and,  if 
requested,  the  court  sliall  so  direct  the  jury.  (R.  S. 
§  3442.) 

Consent  of  authority  controlling  public  road.  §  9112. 
If  the  public  road  along  which  the  railway  is  to  be  con- 
structed is  owned  by  a  person  or  company  or  is  within 
the  control  or  management  of  the  board  of  public  works 
or  other  public  officer,  such  person,  company,  or  officer 
may  agree  with  the  person  or  company  constructing  the 
railway  as  to  the  terms  and  conditions  upon  which  the 
road  may  be  occupied.     (R.  S.  §  3441.) 

Terms  and  conditions  of  construction,  etc.  ^  9113.  Coun- 
cil, or  the  commissioners,  as  the  case  may  be,  may  tix 
the  terms  and  conditions  upon  which  such  railways  may 
be  constructed,  operated,  extended,  and  consolidated. 
(R.   S.   §   3443.) 

Free  transportation  of  police  and  firemen.  S  9114.  Upon 
the  granting  of  franchises  to  traction  companies  through- 
out this  State  for  the  use  of  streets,  roads  and  highways 
for  the  transportation  of  passengers,  it  must  be  pro- 
vided, as  one  of  the  considerations  for  such  use  of  the 
public  highways,  that  such  traction  companies  shall  carry 
free  as  passengers  on  any  and  all  regular  cars,  policemen 
and   firemen,   when   on   duty  and   in  uniform.      (100   v.   14 

§   !•) 

Appropriation  of  properly  by  directors.  S  9115.  When 
it  is  deemed  necessary  by  a  majority  of  the  directors  of 
a  domestic  or  foreign  corporation  owning  or  operating  a 
street  railway  in  a  municipality  to  appropriate  private 
property  therein,  in  order  to  avoid  dangerous  or  diffi- 
cult curves  or  grades,  or  unsafe  or  unsubstantial  grounds 
or  foundations  or  to  extend  or  shorten  its  railway  line 
or  to  ijrovide  land  on  which  to  extend  its  power  plant, 
such  corporation  may  appropriate  so  much  private  prop- 
erty as  is  necessary  for  the  extension  of  such  power 
plant,  or  the  construction,  operation  and  maintenance  of 
the  tracks,  jjoles,  supports,  wires,  cable  and  necessary 
appliances  of  such  railway  other  than  ixjwer  houses,  ma- 
chine shops,  stations  or  substations  in  the  manner  and 
subject  to  the  provisions  of  law  for  the  appropriation  of 
private   proi>erty  by  corporations.     (97   v.  106   §   1.) 

Change  of  location  of  any  portion  of  raihcay.  §  911G. 
For  the  purposes  above  provided  such  corjjoration  may 
change  the  location  of  any  part  of  its  railway,  and  for 
the  purpose  of  making  such  change,  it  shall  have  all 
the  rights,  powers  and  privileges  to  enter  upon  private 
land  and  make  surveys  necessary  to  effect  such  change 
as  fully  as  railroad  companies  are  by  law  permitted  to 
do.     (97  V.  106   §   2.) 

Construction  of  street  railroads  outside  of  municipali- 
ties. S  9117.  Companies  Incorporated  under  S  8625,  for 
such  purposes,  may  construct,  maintain  and  operate 
electric  street  railroads,  or  street  railroads  using  other 
than  animal  power  as  a  motive  power,  for  the  trans- 
portation of  passengers,  packages,  express  matter.  United 
States  mail,  baggage  and  freight  upon  the  highways  in 
this  State  outside  of  municipalities,  or  upon  private 
rights  of  way.     (R.  S.  S  S  3443-8.) 

Occupancy  and  use  of  public  highways,  is  9118.  Such 
companies  may  occupy  and  use  for  their  tracks,  cars, 
necessary  fixtures  and  appliances,  the  public  highways 
outside  of  cities  and  villages  with  the  consent  of  the 
public  authorities  in  charge  of  or  controlling  such  high- 
ways, and  with  the  written  consent  of  the  majority,  meas- 
ured by  the  front  foot,  of  the  property  holders  abutting 
on  each  of  such  highways.     (91  v.  285  §  2.) 

Eminent  domain,  g  9119.  When  necessary  to  enter  upon 
and  use  private  property  in  the  construction  and  opera- 
tion of  such  roads,  such  companies  shall  have  the  same 
I)ower  of  appropriation  that  steam  railroad  companies 
possess.     (R.  S.   §§  3443-10.) 

[.eases,  purchases  and  traffic  arrangements.  ^  9120.  Such 
:^onipanies  may  lease,  purchase  or  make  traffic  arrange- 
nents  with  any  other  street  railway  company  as  to  so 
'Tiuch  of  its  tracks  and  other  property  as  is  nec3ssary 
>r  desirable   to   enable   them   to  enter  or  pass   through   a 

ity  or  village,  upon  the  terms  and  conditions  applicable 

0  other  street  railways.  Any  existing  street  railway 
.'ompany,  owning  or  operating  a  road,  shall  receive  the 
:;ars,   freight,   packages  or  passengers  of  any  other  road, 

ipon   the    same   terms   and   conditions   as   they   carry   for 

be  general  public.     (91  v.  286  §  4.) 


Consolidation.  §  9121.  Such  street  railway  companies 
may  consolidate  on  the  terms  and  conditions  applicable 
to  the  consolidation  of  railroad  companies.  But  no  in- 
crease of  fare  shall  be  allowed  on  any  street  railway 
route  by  reason  of  such  consolidation.     (91  v.  286  §  5.) 

Regulations  and  powers.  §  9122.  Such  companies  shall 
be  subject  to  the  regulations  provided  tor  street  rail- 
ways and  have  all  the  powers,  in  so  far  as  they  are 
applicable,  that  other  street  railway  companies  possess. 
(91   v.   286    §   6.) 

Watchmen.  §  9123.  When  street  railways  are  operated 
by  electricity,  cable,  compressed  air  or  motive  power 
other  than  horses  or  mules,  in  a  municipality,  the  coun- 
cil thereof  by  ordinance  may  require  the  owners  or 
operators  of  such  railways  to  place  watchmen  at  street 
crossings,  intersections  or  corners  which  such  council 
deem  dangerous;  and  also  provide  for  the  enforcement  of 
such  ordinances  by  penalties  in  the  way  of  fine  or  im- 
prisonment, or  both,  to  be  imposed  upon  the  owner, 
officer  or  operator  of  such  railways,  or  by  a  penalty  of 
not  exceeding  $100  per  day,  which  may  be  recovered  by 
such  municipalities  in  a  civil  suit  against  the  owners  or 
operators  of  any  such  railway  failing  to  place  such 
watchman  as  is  required.     (R.   S.  §  3443a.) 

Repairs  at  crossings;  stopping  of  cars  at  crossings. 
§  9124.  When  the  tracks  of  two  street  railways  cross  each 
other  or  in  any  way  connect  at  a  common  grade,  when 
one  or  both  such  railways  use  other  than  horse  power 
for  propelling  their  cars,  the  crossings  shall  be  made 
and  kept  in  repair  at  the  joint  expense  of  the  com- 
panies owning  the  tracks.  All  cars  used  on  such  rail- 
ways must  come  to  a  full  stop,  not  nearer  than  10  feet 
nor  further  than  50  feet  from  the  crossing,  and  not  cross 
until  the  way  is  clear.  When  two  or  more  cars  approach 
the  crossing  at  the  same  time,  the  car  or  cars  on  the 
road   first  built  shall   have   precedence.      (88   v.  581   §   1.) ' 

Full  stop  ichen  approaching  steam  raihcay  crossing. 
§  9125.  When  the  tracks  of  street  railways  cross  the  tracks 
of  a  steam  railroad  at  grade,  the  company  operating  the 
line  of  street  cars  shall  cause  its  cars  to  stop  not  nearer 
than  10  nor  further  than  50  feet  from  the  crossing  and 
before  they  start  to  cross  the  steam  railroad  tracks,  also 
cause  a  person  in  its  employ  to  go  ahead  of  the  car  or 
cars  and  see  that  the  way  is  clear  for  the  passage  thereof, 
and  free  from  danger.  Such  street  railway  cars  shall 
not  proceed  to  cross  until  signaled  so  to  do  by  such  per- 
son so  employed,  or  the  way  is  clear  for  their  passage 
over  the  tracks.     (88  v.  582  §  2.) 

Forfeiture  under  preceding  sections.  §  9126.  Every  per- 
son in  charge  of  a  street  car  or  cars,  who  wilfully  fails  to 
comply  with  the  provisions  of  the  two  preceding  sections, 
or  to  bring  the  car  or  cars  he  has  in  charge  to  a  stop,  or 
before  the  way  is  clear,  or  signaled  so  to  do,  causes  them 
to  cross  the  steam  railroad  tracks,  shall  be  personally 
liable  to  a  person  injured  by  reason  of  such  failure  to  a 
penalty  of  $100,  to  be  recovered  by  civil  action  at  the 
suit  of  the  State,  in  the  Court  of  Common  Pleas  of  a  county 
wherein  such  crossing  or  connection  is.  The  company  in 
whose  employ  such  person  is,  as  well  as  the  person  him- 
self shall  be  liable  in  damages  to  any  person  or  persons 
so  injured  in  person  or  property.     (88  v.  582,  §  3.) 

Consolidation  of  street  railway  companies.  §  9127.  When 
the  lines  or  authorized  lines  of  road  of  street  railway  cor- 
porations meet  or  intersect,  or  conveniently  can  be  oper- 
ated from  one  power  house  to  a  power  house  or  houses 
owned,  under  lease  or  operated  by  one  of  such  corpora- 
tions or  companies,  or  when  such  line  of  a  street  railway 
corporation  or  company,  and  that  of  an  inclined  plane 
railway  or  railroad  company  or  corporation,  or  any  rail- 
way operated  by  electricity  conveniently  may  be  con- 
nected, to  be  operated  to  mutual  advantage,  or  when  such 
line  of  a  street  railway  corporation  or  company  and  that 
of  an  inclined  plane  railway  or  railroad  company  or  cor- 
poration or  the  railway  of  any  company  operated  by  elec- 
tricity conveniently  can  be  operated  from  one  power  house 
or  a  power  house  owned,  under  lease  or  operated  by  one 
of  such  street  railway  corporations  or  companies  or  in- 
clined plane  railway  or  railroad  companies  or  corporations 
or  by  any  company  or  corporation,  the  railway  of  which 
is  operated  by  electricity,  such  corporation  or  company 
or  any  two  or  more  of  them,  if  they  are  not   competing 


1090 


National  Association  of  Railway  Commissioners 


lines,  may  consolidate  tliemselves  into  a  single  corpora- 
tion.    (95  V.  510,  §  2.) 

To  what  companies  provisions  do  not  apply.  §  9128.  The 
above  provision  as  to  competing  lines  shall  not  apply  to 
such  compailies  or  corporations,  whose  lines  are  nearby 
or  wholly  situated  in  a  city,  of  this  State,  or  road  of  any 
street  railway  company  or  corporation  organized  in  this 
State  is  made,  or  is  in  process  of  construction  to  the 
boundary  line  of  the  State,  or  to  a  point  within  or  without 
the  State.  Such  corporation  or  company  may  consolidate 
its  capital  stock  with  that  of  any  corporation  or  company, 
or  corporations  and  companies  in  an  adjoining  State  the 
line  or  linefe  of  whose  road  or  roads  have  been  made  or 
are  in  process  of  construction  to  the  same  point  or  points, 
in  the  manner  and  with  the  effect  provided  by  law  for 
the  consolidation  of  railroad  companies.     (95  v.  510  §  2.) 

Consolation  of  electric  companies,  i  9129.  When  the 
lines  of  a  road  of  any  street  railway  or  railroad  com- 
pany, organized  under  the  laws  of  this  State  are  con- 
structed or  in  process  of  construction  and  are  or  will  be 
operated  by  electricity,  and  connect  or  will  or  can  be 
made  to  connect  with  the  lines  of  another  street  railway 
or  railroad  company  formed  by  the  consolidation  of  com- 
panies organized  under  the  laws  of  this  State,  or  by  the 
consolidation  of  a  company  organized  under  the  laws  of 
this  State  and  a  company  organized  under  the  laws  of  an 
adjoining  State,  whose  lines  of  road  are  constructed  or  in 
process  of  construction,  and  are  or  will  be  operated  by 
electricity,  so  that  cars  may  pass  over  such  lines  of  roads 
continuously,  without  break  or  interruption,  such  street 
railway  or  railroad  company  and  such  consolidated  street 
railway  company  or  railroad  company  may  consoIidat« 
themselves  into  a  single  company  in  the  same  rnanner 
and  with  like  effect  as  is  provided  by  law  for  the  con- 
solidation of  railroad  companies.  Companies  owning  and 
operating  competing  lines  of  road  shall  not  consolidate 
Under  the  foregoing  provisions,  but  this  limitaton  does 
not  apply  to  companies  whose  lines  of  road  are  nearly  or 
wholly  situated  in  a  municipal  corporation  of  this  state. 
(97  V.  570  I  2.) 

Interurhan  road  may  contract  for  use  of  tracks  in  cit- 
ies. §  9130.  When  a  railway  company  is  incorporated  and 
organized  under  the  laws  of  this  State  for  the  purpose 
of  building,  acquiring,  owning,  leasing,  operating  and 
maintaining  a  railway  or  railways  to  be  operated  by  elec- 
trcity  or  other  motive  power  from  one  municipal  corpo- 
ration or  point  in  the  State  to  another  municipal  corpo- 
ration, corporations  or  point  in  this  State,  it  may  agree 
with  a  street  railway  company,  or  comanies,  owning  or 
operating  a  street  railway  or  railways  in  such  municipal 
corporation  or  corporations,  and  the  street  railway  com- 
pany or  companies  may  so  agree  with  such  railway  com- 
pany that  its  passenger  cars  may  be  run  and  propelled 
over  and  along  the  track  or  tracks  of  such  street  railway 
company  or  companies,  on  such  terms  as  may  be  agreed 
upon,  in  the  manner,  upon  the  conditions  and  for  the 
length  of  time  that  the  cars  owned  or  operated  by  such 
street  railway  company  or  companies  are  operated  in 
such  municipal  corporation  or  corporations.  (R.  S.  §2505c.) 

Privileges  and  obligations  of  the  street  railway  apply. 
§  9131.  While  they  are  running  and  being  operated  over 
and  along  the  track  or  tracks  of  such  street  railway  com- 
pany or  companies  in  such  municipal  corporation,  the  cars 
of  such  railway  company  shall  be  entitled  to  the  priv- 
ileges and  subject  to  the  obligations  enjoyed  and  im- 
posed by  and  upon  the  cars  of  such  street  railway  com- 
pany or  companies  owning  or  operating  its  cars  in  such 
municipal  corporation.  They  shall  be  operated  only  by 
the  motive  power  which  operates  the  cars  of  such  street 
lailway  company  or  companies.  When  authorized  by 
not  less  than  two-thirds  in  amount  of  the  stockholders  of 
each  company  proposing  to  enter  into  such  arrangement 
and  agreement,  ratified  by  a  majority  of  the  directors 
and  executed  by  the  proper  officers  thereof,  such  arrange- 
ment and  agreement  shall  give  to  such  railway  company 
full  authority  to  operate  its  cars  on  the  tracks  of  such 
street  railway  company  or  companies  in  such  municipal 
corporation  or  corporations.     (R.   S.  §  2505c.) 

Not  necessary  to  obtain  additional  grant.  §  9132.  It 
shall  not  be  necessary  for  such  railway  company,  in  case  it 
uses  in  such  municipal  corporation  or  corporations  only 
the  tracks  of  a  street  railway  company  or  companies  own- 


ing or  operating  a  street  railway  or  railways  therein,  to 
obtain  an  additional  grant,  franchise  or  right,  except  by 
such  agreement  with  such  street  railway  company  or  com- 
panies.    (R.  S.  §  2505c.) 

Fare  charged  within  city.  S  9133.  The  fare  charged  by 
such  railway  company  for  transporting  passengers  within 
such  municipal  corporation  or  corporations  shall  not  be 
greater  than  that  fixed  in  the  franchise  or  franchises  held 
or  owned  by  such  street  railway  company  or  companies. 
When  there  is  a  public  park  or  cemetery  on  the  line  of 
such  railway,  within  one  mile  of,  and  owned  by,  such 
municipal  corporation,  such  company  for  such  fare  must 
so  transport  passengers  to  and  from  such  park  or  ceme- 
tery the  same  as  if  either  was  within  the  limits  of  such 
corporation.      (R.    S.    §  2505c.)  , 

Lease  or  purchase  electric,  or  gas  light,  heat,  power  or 
fuel  company,  ji  9134.  A  corporation  or  company  main- 
taining and  operating  a  street  railway,  or  a  railroad  oper- 
ated by  electricity,  may  lease  or  purchase  all  the  property, 
and  all  the  franchises,  "rights  and  privileges  of  any  com- 
pany organized  for  the  purpose  of  supplying  electricity, 
or  natural  or  artificial  gas,  or  both  electricity  and  natural 
Or  artificial  gas,  for  power,  light,  heat  or  fuel  purposes, 
or  which  has  been  engaged  in  such  business  in  whole 
or  in  any  municipality  within  this  State,  the  latter  being 
hereby  vested  with  corresponding  power  to  let  or  sell,  upon 
such  terms  and  conditions  as  may  be  agreed  upon  je- 
tween  the  corporation  and  company.  No  such  lease  or 
purchase  may  be  perfected  until  a  meeting  of  the  stock- 
holders of  each  of  the  companies  has  been  called  lor 
that  purpose  by  the  directors  thereof,  on  30  days'  notice 
to  each  stockholder,  at  such  time  and  place  and  in  such 
manner  as  is  provided  for  the  annual  meetings  of  the 
companies  and  the  holders  of  at  least  two-thirds  of  ttie 
stock  of  each  company  in  person  or  by  proxy,  at  such 
meeting,  or  at  any  properly  adjourned  meeting  asst  nt , 
thereto.     (R.  S.   §  2505c.)  a| 

Dissenting  stockholder.  §9135.  A  stockholder  who'i^B 
fuses  to  assent  to  such  lease  or  sale  and  so  signifies  o^ 
notice  in  writing  to  the  lessee  or  purchaser  within  90 
days  thereafter  shall  be  entitled  to  demand  and  receive 
compensation  in  the  manner  provided  for  the  comp<  n- 
sation  of  stockholders  dissenting  from  the  sale  or  lee  se 
of  a  steam  railroad.     (R.  S.  §  2505e.) 

Liabilities  of  the  company  teased  or  purchased.  S  91  ;6. 
A  company  so  leasing  or  purchasing  the  property,  rigl  ts 
and  franchises  of  an  electric  light  and  power  compai  y, 
or  natural  or  artificial  gas  company,  or  electric  lij  ht 
and  power  and  natural  or  artificial  gas  company,  sh  ill 
have  all  the  rights,  power  and  authority  of  the  compa  ly 
whose  property  rights  and  franchises  are  so  leased  or 
purchased.  But  the  liability  of  an  electric  light  aid 
power  company.,  or  natural  or  artificial  gas  company,  or 
electric  light  and  power  and  natural  or  artificial  gas  ccni- 
pany,  shall  in  no  manner  be  affected  by  such  lease  or 
sale.     (R.  S.  §  2505e.)  '  ^ 

May  acquire  property  of  other  companies.  §  9137.1  ^M 
corporation  or  company  organized  for  street  railway  pJ^ 
poses  may  lease  or  purchase  any  street  railroad,  or 
railroads,  or  railroad  operated  as  such  and  by  electric 
power,  inclined  railroad  or  railroads,  together  with  all 
the  property  and  the  franchises,  rights  and  privilcKes 
respecting  the  use  and  operation  of  such  railroad  or  r  lil- 
roads,  situated  or  existing  in  whole  or  part  in  this  Stfte, 
constructed  and  held  by  any  other  corporation  or  c(  m- 
pany,  corporations  or  companies,  the  latter  being  hen  by 
invested  with  corresponding  power  to  let  or  sell  on  si  ch 
terms  and  conditions  as  are  agreed  upon  between  hQ 
corporation  or  companies.     (R.  S.  §  2505a.) 

Agreements  with  other  companies.  §9138.  Two  I J 
more  of  such  corporations  or  companies  may  enter  ti 
any  agreement  for  their  common  benefit  consistent  with 
and  calculated  to  promote  the  objects  for  which  they 
were  created.  No  such  lease  or  purchase  shall  be  per 
fected  until  a  meeting  of  the  stockholders  of  each  of  the 
companies  has  been  called  for  that  purpose  by  the  directors 
thereof,  on  30  days'  notice  to  each  stockholder  at  such 
place  and  in  such  manner  as  is  provided  for  annual  meet- 
ings of  the  companies,  and  the  holders  of  at  least  two- 
thirds  of  the  stock  of  each  company,  in  person  or  by 
proxy,  at  such  meeting,  or  at  any  properly  adjourned 
meeting,    assent    thereto.     Any    stockholder   who   refuses 


I  en 


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loyi 


to  assent  to  such  lease  or  sale  and  so  signifies  by 
notice  in  writing  to  tlie  lessee  or  purcliaser  within  90 
days  thereafter  shall  be  entitled  to  demand  and  receive 
compensation  in  the  same  manner  and  by  such  proceed- 
ings as  are  provided  for  the  sale  of  stock  of  a  stockholder 
dissenting  to  a  sale  or  lease  of  a  steam  railroad.  (R.  S. 
§  2505a.) 

Fare  can  not  be  increased.  S  9139.  V/hen  a  lease  or 
purchase  is  made  as  above  provided  there  shall  be  no 
increase  of  the  existing  rates  of  fare  by  reason  thereof, 
nor  shall  any  fare  be  charged  upon  any  of  the  separate 
routes  so  leased  or  purchased  in  excess  of  the  fare 
charged  over  such  separate  routes  prior  to  the  lease  or 
purchase  thereof.  When  a  lease  or  purchase  is  made, 
as  herein  provided,  the  fare  charged  for  one  continuous 
route  or  ride  in  the  same  general  direction  over  all  such 
leased  or  purchased  lines  within  any  municipal  corpora- 
tion shall  not  exceed  the  maximum  fare'  charged  over 
any  one  of  such  lines  prior  to  such  lease  or  purchase. 
(R.  S.  §  2505a.) 

Powers  of  inclined  plane  railway  company,  is  9140.  An 
ir.clined  plane  railway  company  may  construct,  operate 
1  :  l1  maintain  an  inclined  plane  railway  for  the  convey- 
:  lu.e  ct  passengers  and  freight,  or  either,  with  such 
offices,  depots  and  other  buildings  as  it  deems  neces- 
sary, and  also  establish  and  maintain  a  park  or  pleasure 
grounds,  and  for  such  purpose  acquire  and  hold  real 
estate.     (R.  S.  §3444.) 

Hoio  street  crossings  to  6e  made.  Si  9141.  When  the 
part  of  the  railway  of  such  company  which  is  operated 
by  steam  power  crosses  a  public  street  or  highway  it 
must  pass  either  over  or  under  such  street  or  highway, 
and  shall  be  constructed  in  a  manner  and  at  such  distance 
above  or  below  it  as  not  to  obstruct  the  ordinary  use 
of  the  street  or  highway.     (R.  S.  §3445.) 

Elevated  railroads.  §  9142.  A  city  owning  or  having 
charge  of  any  public  road,  street,  alley,  way,  or  ground 
of  any  kind,  or  any  part  thereof,  may  grant  to  any  rail- 
road company,  street  railroad  company,  suburban  rail- 
road company  or  interurban  railroad  company  the  right 
to  construct,  maintain  and  operate  by  electricity  any  ele- 
vated railroad  along  and  over  such  public  road,  street, 
alley,  way  or  ground,  except  a  public  landing,  or  across 
them  subject  to  existing  laws  concerning  crossings,  so 
far  as  they  are  applicable,  and  to  erect  and  maintain 
therein  the  necessary  tracks,  piers,  stays,  supports  and 
stations,  and  the  approaches  therefor,  which  stations  shall 
be  on  a  level  with  the  track,  and  when  necessary  to  con- 
struct tunnels  for  such  railroad  under  such  roads,  streets, 
alleys,  ways  or  grounds,  or  to  construct,  maintain  and 
operate  by  electricity  any  underground  railroad,  along 
and  under  such  public  roads,  streets,  alleys,  ways  or 
grounds,  and  to  erect  and  maintain  stations,  stairways 
and  approaches  therefor,  and  also  to  construct  suitable 
terminals  and  way  stations.    (R.  S.  §  3283b.) 

Manner  of  such  construction.  §  9143.  Such  elevated 
structures  and  crossings  shall  be  of  such  height  and  con- 
struction as  not  to  prevent  substantially  the  ordinary 
use  of  and  traffic  upon  such  roads,  streets,  alleys,  ways 
or  grounds,  whether  by  pedestrians,  vehicles,  street  cars, 
or  otherwise,  except  temporarily  when  necessary  in  the 
construction  of  the  elevated  structures  and  crossings.  Such 
tunnels  for  elevated  railroads  or  subways  for  underground 
railroads  shall  be  so  constructed  as  not  to  impair  the 
stability  of  the  roads,  streets,  alleys,  or  public  grounds, 
or  prevent  the  use  of  any  sewers,  water  pipes,  gas  pipes 
and  conduits  used  for  such  purposes  or  for  telephone 
purposes  in  the  streets,  alleys,  ways  or  grounds,  except 
temporarily  when  necessary  in  the  construction  of  the 
tunnels  or  subways.     (R.  S.  §  3283b.) 

Terms  of  grant.  §  9144.  Such  grant  shall  only  be  made 
upon  such  terms  and  conditions  as  are  agreed  upon  by  the 
(council  of  the  city  and  the  company;  and  every  such 
■grant  shall  provide  that  the  rate  of  fare  within  the  limits 
of  such  municipality  shall  not  be  in  excess  of  5  cents. 
(R.  S.  §  3283b.) 

Appropriation  of  property.  §  9145.  After  such  grant 
has  been  made  such  company  may  appropriate  private 
property  necessary  for  the  use  and  enjoyment  of  the 
grant,  including  terminals  and  way  stations,  for  the  pur- 
pose of  constructing  and  operating  its  road  in  the  manner 
and  upon  the  terms  provided  by  law  for  the  approprla- 
ion  of  private  property  by  corporations.     (R.  S.  §  328b.) 


Damages  to  other  property.  §  9146.  Every  company 
which  constructs  an  elevated  track  upon  or  a  tunnel  or  an 
underground  railroad  below  such  roads,  streets,  alleys, 
ways  or  grounds  shall  be  responsible  for  injuries  done 
thereby  to  private  or  public  property,  lying  upon  or  near 
such  streets,  alleys,  ways  or  grounds,  which  may  be  re- 
covered by  civil  action  brought  by  the  owner  before  the 
proper  court  at  any  time  within  two  years  from  the  com- 
pletion of  the  road.     (R.  S.  §  3283b.) 

Purchase  of  road  by  city.  §  9147.  Every  city  making  a 
grant,  as  provided  in  the  five  next  preceding  sections, 
may  provide  in  such  grant,  upon  such  terms  and  condi- 
tions as  are  agreed  upon  by  the  council  of  the  city  and 
the  company,  for  the  ultimate  purchase  and  ownership 
by  the  city  of  such  road  or  any  part  thereof.  (R.  S.  §  3282c.) 

Company  to  notify  authorities  of  acceptance  or  rejection 
of  grant.  §  9148.  Every  railroad,  street  railroad  company, 
suburban  railroad  company  or  interurban  railroad  com- 
pany to  whom  a  grant  has  been  made  as  above  provided 
shall  notify  in  writing  the  authorities  making  the  grant 
of  its  rejection  or  acceptance  of  the  grant  at  a  time 
fixed  by  them  at  the  time  of  making  the  grant.  If  after 
a  grant  has  been  made  as  above  provided,  and  accepted 
by  any  railroad,  street  railroad  company,  suburban  rail-' 
road  company  or  interurban  railroad  company,  within 
60  days  after  such  acceptance  there  is  filed  with  the 
mayor  of  the  city  making  the  grant  a  petition  protesting 
against  it  and  signed  by  such  a  number  of  the  electors 
of  the  city  qualified  to  vote  at  the  last  preceding  general 
election  as  equals  10  per  cent  of  the  number  of  votes 
cast  for  mayor  at  the  last  preceding  election  for  mayor, 
he  shall  certify  such  fact  to  the  proper  election  officials. 
(R.  S.  §  3283d.) 

Submission  of  grant  to  electors.  §  9149.  The  officials  in 
charge  of  such  general  election,  in  accordance  with  the 
statutes  relating  to  elections,  shall  arrange,  provide  for 
and  conduct  the  submission  of  such  question  to  such 
electors.  The  question  whether  the  grant  shall  be  made 
shall  be  submitted  to  the  electors  of  such  city  at  the 
next  succeeding  general  election  occurring  more  than  30 
days  after  the  expiration  of  such  60  days.  The  ballots 
at  such  election,  if  the  grant  be  for  the  construction  of 
elevated  tracks,  shall  read  "Elevated  Railroad  Grant — 
Yes."  "Elevated  Raili'oad  Grant — No."  If  the  grant  be 
for  the  construction  of  underground  tracks  they  shall  read 
"Underground  Railroad  Grant — 'X'es."  "Underground 
Railroad  Grant — No."  If  the  grant  be  for  the  construc- 
tion of  partly  elevated  and  partly  underground  tracks, 
they  shall  read  "Elevated  and  Underground  Railroad  Grant 
— Yes."  "Elevated  and  Underground  Railroad  Grant — No." 
If  at  such  election  a  majority  of  the  votes  cast  on  such 
question  be  against  such  grant  it  shall  be  ineffective  and 
void.     (R.  S.  S  3283d.) 

CHAPTER  6.     EMPLOYES  OF  RAILROADS. 

§  9005.     Engineers  addicted  to  drink  not  to  be  employed. 

§  900G.     Forfeiture  under  preceding  section. 

§  9007.     Hours  of  service  of  certain  railroad  employes. 

§  9008.     Forfeiture   under   preceding  section. 

§  9009.     Blocking  frogs,  etc. 

§  9010.     Relief  association  prohibited. 

§9011.  Unlawful  for  railroad,  to  limit  liability  as' em- 
ployer. 

§  9012.  Unlawful  for  company  to  compel  employe  to 
join  any  company  or  association. 

§  9013.  Companies  prohibited  from  demanding  or  re- 
ceiving waivers. 

§9014.     Agreements,  etc.,  void;  forfeiture. 

§  9015.  Defective  machinery  prima  facie  evidence  of 
negligence. 

§  9016.     Superior  officer  and  fellow  servant  defined. 

§  9017.     Presumptive  evidence. 

§  9018.  Slight  contributory  negligence  no  bar  to  re- 
covery. 

SCRAP    MATEEIAI,. 

§  9019.  How  railroad  scrap  metal  sold. 

§  9020.  'Violation  of  preceding  section. 

§  9021.  Evidence  of  title  to  scrap. 

§  9022.  When  mixture  deemed  a  confusion. 

S  9023.  Company  may  replevy  scrap. 

§  9024.  Liability  of  company  or  receiver. 


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1092 


National  Association  of  Railway  Commissioners 


Engineers  addicted  to  drink  not  to  fie  employed. 
i  9005.  No  person,  company  or  corporation  operating  a 
railroad  in  wliole  or  in  part  of  this  State,  directly,  or 
by,  or  through  a  representative,  shall  knowingly  suffer 
or  permit  a  person  to  run  or  in  any  capacity  to  operate 
a  railroad  locomotive  on  any  part  of  his,  their  or  its 
road  in  this  State  who  is  intoxicated  or  in  the  habit 
of  becoming  intoxicated,  or  knowingly  to  continue  the 
employment  of  a  person  in  such  capacity  after  he  be- 
comes or  is  intoxicated,  while  in  charge  of  such  loco- 
motive.    (88  V.  429  §  1.) 

Forfeiture  under  preceding  section.  §  9006.  For  every 
violation  of  the  next  preceding  section,  the  company, 
person  or  corporation  operating  such  road  shall  forfeit 
and  pay  to  the  State  $200,  to  be  recovered  in  its  name 
in  an  action  to  be  prosecuted  in  any  county  through 
which  the  road  runs,  by  the  prosecuting  attorney  thereof, 
who  shall  be  entitled  to  25  per  cent  of  the  recovery, 
and  the  balance  shall  be  paid  into  the  county  treasury, 
(88  v.   429,   §   1.) 

Hours  of  service  of  certain  railroad  employes.  §  9007. 
A  company  operating  a  railroad  over  30  miles  in  length 
shall  not  permit  a  conductor,  engineer,  fireman,  brake- 
man  or  trainman  on  a  train,  or  telegraph  operator,  who 
has  worked  as  such  for  15  consecutive  hours,  again  to 
go  on  duty  or  perform  work  until  he  has  had  at  least 
eight  hours'  rest,  except  in  cases  of  detention  of  trains 
caused  by  accident,  unavoidable  or  otherwise.  (89  v. 
311,    §    1.) 

Forfeiture  under  preceding  section.  $  9008.  A  railroad 
company  or  corporation  knowingly  violating  the  provi- 
sions of  the  next  preceding  section  shall  be  liable  to  a 
penalty  of  not  less  than  $500  nor  more  than  $1,000  for 
the  first  offense,  and  for  any  subsequent  offense,  of  not 
less  than  $1,000  nor  more  than  $1,500,  to  be  recovered  by 
civil  action  in  the  name  of  the  State.     (89  v.  311,  §  2.) 

Blocking  frogs,  etc.  §  9009.  Every  railroad  corporation- 
operating  a  railroad  or  part  of  a  railroad  within  this 
State  shall  adjust,  fill  or  block  all  angles  in  frogs, 
switches  and  crossings  on  its  roads  in  yards,  divisional 
and  terminal  stations  where  trains  are  made  up,  with 
the  best  known  sheet  steel  spring  guard  or  wrought  iron 
appliances  approved  by  the  State  railroad  commission. 
(93  V.  342,  §   1.) 

Relief  Association  prohibited.  §  9010.  No  company  cre- 
ated under  and  by  virtue  of  the  laws  of  this  State  or  of 
any  other  State  or  county,  having  and  operating  a  line 
of  railway  in  this  State,  shall  establish,  maintain  or 
assist  in  establishing  or  maintaining  a  relief  association 
or  society,  the  rules  or  by-laws  of  which  require  of  a 
person  or  employe  becoming  a  member  thereof  to  enter 
into  an  agreement  or  stipulation,  directly  or  indirectly, 
whereby  he  stipulates  or  agrees  to  surrender  or  waive  a 
right  of  damages  against  any  railroad  company  for  per- 
sonal injuries  or  death,  or  to  surrender  or  waive,  in  case 
he  asserts  such  claim  for  damages,  any  right  what- 
ever.    (R.   S.    §   3270.) 

Unlawful  for  railroad  to  limit  liability  as  employer. 
§  9011.  No  railroad  corporation  or  company  owning 
and  operating,  or  operating  a  railroad,  shall  adopt  or 
promulgate  a  rule  or  regulation  for  the  government  of 
its  servants  or  employes,  or  make  or  enter  into  an  agree- 
ment with  a  person  engaged  in  or  about  to  engage  in 
its  service,  wherein  such  employe  in  any  manner  prom- 
ises or  agrees  to  hold  such  corporation  or  company 
harmless,  on  account  of  an  injury  he  may  receive  by 
reason  of  accident  to,  breakage,  defect  or  insufficiency  in 
the  cars  or  machinery  and  attachments  thereto  belonging 
on  cars  owned,  operated  or  run  by  such  corporation  or 
company  being  defective,     (87  v,  149,  §  1.) 

Vnlaicful  for  company  to  compel  employe  to  join  any 
company  or  association.  §  9012.  No  corporation  directly 
or  indirectly  shall  compel  or  require  an  employe  to  join 
any  company  or  association  whatsoever,  or  withhold  any 
part  of  an  employe's  wages  or  his  salary  for  the  pay- 
ment of  dues  or  assessments  in  any  society  or  organiza- 
tion, or  demand  or  require  either  as  a  condition  precedent 
to  securing  employment  or  being  employed.  Such  rail- 
road company  shall  not  discharge  an  employe  because 
he  refuses  or  neglects  to  become  a  member  of  any  so- 
ciety  or    organization.     If   an   employe    is    discharged    at 


any  time  within  10  days  after  receiving  a  notice  thereof, 
he  may  demand  the  reason  of  such  discharge,  and  the 
railroad  company  thereupon  must  give  the  reason  to 
him  in   writing.     (87  v.  149,  §   1.) 

Companies  prohibited  from  demanding  or  receiving 
waivers.  §  9013.  No  railroad  company,  insurance  society 
or  association  or  other  person  shall  demand,  accept  or 
enter  into  an  agreement  or  stipulation  with  a  person 
about  to  enter,  or  in  the  employ  of  a  railroad  company 
whereby  he  stipulates  or  agrees  to  surrender  or  waive 
any  right  to  damages  against  a  railroad  company,  there- 
after arising  for  personal  injury  or  death,  or  whereby 
he  agrees  to  surrender  or  waive  in  case  he  asserts  such 
right,  any  other  right.     (87  v.  149,  §  1.) 

Agreements,  etc.,  void,  forfeiture.  S  9014.  All  rules, 
regulations,  stipulations  and  agreements  declared  unlaw- 
ful by  the  next  three  preceding  sections  are  void,  A 
corporation,  association  or  person  violating,  or  aiding  or 
abetting  the  violation  of  either  of  such  sections,  for  each 
offense  shall  forfeit  any  pay  to  the  person  thus  wronged 
or  deprived  of  his  rights  thereunder  not  less  than  }50 
nor  over  $500,  to  be  recovered  by  a  civil  action.  (87  ^ 
149  §  1.)  ;^ 

Defective  machinery  prima  facie  evidence  of  negligeme, 
§  9015.  No  railroad  corporation  knowingly  or  negligeni  ly 
shall  use  or  operate  a  car,  or  locomotive,  that  is  de- 
fective or  upon  which  the  machinery  or  attachmei  ts 
thereto  belonging  are  in  any  manner  defective.  If  in 
employe  of  such  corporation  receives  injury  by  reason 
of  a  defect  in  a  car  or  locomotive,  or  the  machinery  or 
attachments  thereto  belonging,  owned  and  operated,  or 
being  operated  by  such  corporation,  it  shall  be  deerajd 
to  have  had  knowledge  of  such  defect  before  and  at  tie 
time  such  injury  is  so  sustained.  When  such  defect  is 
made  to  appear  in  the  trial  of  any  action  brought  )y 
such  employe,  or  his  legal  representative,  against  a  rail- 
road corporation  for  damages  on  account  of  injuries  so 
received,  that  fact  shall  be  prima  facie  evidence  of 
negligence  on  the  part  of  such  corporation.  (87  v.  1 
§  2.)  , 

Superior  officer  and  fellow  servant  defined.  S  9016,  fn 
actions  against  a  railroad  company  for  personal  injury 
to  a  person  while  in  its  employ,  or  for  death  resulti  ig 
from  such  injury,  arising  from  the  negligence  of  su  h 
company,  or  any  of  its  officers  or  employes,  in  additi  m 
to  other  liability,  it  shall  be  held  that  every  person  n 
the  employ  of  such  company,  with  actual  power  or  <  n- 
thority  to  direct  or  control  another  employe  thereof,  is 
not  the  fellow  servant,  but  superior  of  such  other  e  n- 
ploye.  Every  person,  also  in  the  employ  of  such  cc  ii- 
pany,  who  has  charge  or  control  of  employes  in  a  s(  p- 
arate  branch  or  department,  is  to  be  held  to  be  t  le 
superior  and  not  fellow  servant  of  employes  in  another 
branch  or  department,  who  have  no  power  to  direct  jr 
control  in  the  branch  or  department  in  which  they  s  re 
employed,     (87  v.   150   §   3.) 

Presumptive  evidence.     S  9017.     Every  railroad  compal 
operating  a  railroad  which  in  whole  or  in  part  is  witl 
this   State   shall   be    liable   for   all   damages    sustained    >; 
any    of    its    employes    by    reason    of    personal    injury 
death  of  such   employe: 

1.  When  such  injury  or  death  is  caused  by  a  i 
feet  in  any  locomotive,  engine,  car,  handcar,  rail,  tra» 
machinery  or  appliance  required  by  such  company  ! 
be  used  by  its  employes  in  and  about  the  business 
their  employment,  if  such  defect  could  have  been  ^ 
covered  by  reasonable  an'd  proper  care,  tests  or  insjj- 
tion.  Proof  of  such  defect  shall  be  presumptive  evide| 
of  knowledge  thereof  on  the  part  of  such  company,  i 
employe  of  such  railroad  company  who  is  injured 
killed  as  a  result  of  such  a  defect  shall  not  be  deem 
to  have  assumed  the  risk  occasioned  thereby,  although 
continuing  in  the  employment  of  the  company  af  er 
knowledge  of  the  defect;  nor  shall  continuance  in  em- 
ployment after  such  knowledge  by  an  employe  be  deened 
an   act   of   contributory   negligence. 

2.  While  such  employe  is  engaged  in  operating, 
running,  riding  upon  or  switching  passenger,  freight  or 
other  trains,  engines  or  cars,  and  in  the  performance  of 
his  duties,  and,  when  such  injury  was  caused  by  the 
carelessness   or   negligence  of  any  other   employe,   officer 


Public  Service  Laws 


1093 


cr  agent   of   such   company,    in    the    discharge   of   or    for 
failure  to  discharge  his  duties  as  such.     (99  v.  25  §  1.) 

Slight  contributory  negligence  no  bar  to  recovery. 
§  9018.  In  all  actions  hereafter  brought  against  a  railroad 
company  operating  a  railroad  in  whole  or  in  part  within 
this  State,  for  personal  injury  to  an  employe  or  where 
such  injuries  have  resulted  in  his  death,  the  fact  that 
he  was  guilty  of  contributory  negligence  shall  not  bar 
a  recovery  when  such  negligence  was  slight  and  that  of 
the  employer  greater,  in  comparison.  But  the  damages 
must  be  diminished  by  the  jury  in  proportion  to  the 
amount  of  negligence  attributable  to  such  employe.  All 
questions  of  negligence  and  contributory  negligence  shall 
be  for  the  jury.     (99  v.  25  §  2.) 

SCRAP    METAL. 

How  railroad  scrap  metal  sold.  S  9019.  No  officer,  agent 
or  employe  of  a  company  operating  a  railroad,  except 
the  sui)erintendent,  general  managing  agent  or  a  re- 
ceiver of  the  company,  may  sell  or  dispose  cf  worn  or 
scrap  metal,  iron,  brass  or  other  metal  owned  by  it.  All 
sales  and  barter  of  such  scraps  or  other  metals  made  by 
any  other  officer,  agent  or  employe  shall  be  null  and 
void.  No  such  superintendent,  managing  agent  or  re- 
ceiver shall  sell  or  dispose  of  such  scrap  cr  other  metals 
in  quantities  less  than  1  ton,  nor  without  delivering  to 
the  purchaser  a  bill  of  sale  thereof,  a  copy  of  which 
shall  be  retained  and  filed  in  the  office  of  such  superin- 
tendent, agent  or  receiver.     (R.   S.   §   3357.) 

Violation  of  preceding  section.  §  9020.  If  a  superinten- 
dent, managing  agent  or  receiver  of  a  company  sells  or 
disposes  of  railroad  scrap  metal  in  quantities  less  than 
1  ten,  or  without  delivering  a  bill  of  sale  thereof  to  the 
purchaser,  the  company  which  he  represents  shall  not 
thereafter  be  entitled  to  the  benefit  of  the  next  three 
succeeding  sections.     (R.     S.   §   3358.) 

Evidence  of  title  of  scrap.  §  9021.  The  person,  com- 
pany or  firm  to  whom  is  offered  for  sale,  pledge  or  trade 
worn  or  used  links,  pins  journal-bearings  or  other  worn, 
used,  detached  appendages  of  railroad  equipment,  or 
scrap  metal  of  iron,  brass  or  steel  appertaining  thereto, 
or  to  a  railroad  track,  before  purchasing  or  dealing  in 
it,  shall  ascertain  whether  the  ownership  thereof  is  law- 
fully derived,  by  bill  of  sale,  or  otherwise,  from  a  com- 
pany, or  the  superintendent,  managing  agent  or  receiver 
thereof.  When  the  right  or  title  to  such  article  of  metal 
Is  drawn  in  question,  in  any  suit,  the  person,  company 
or  firm  dealing  therein,  his  or  its  assignee,  party  thereto, 
must  make  prima  facie  proof  of  title  and  ownership  so 
derived.     (R.  S.  §  3359.) 

When  mixture  deemed  a  confusion.  S  9022.  If  it  ap- 
pears prima  facie,  from  the  evidence  on  the  trial,  that 
any  of  the  articles  or  metals  in  controversy  were  un- 
lawfully obtained,  and  mixed  or  confused  with  other 
scrap  metal,  it  shall  be  deemed  a  confusion  of  goods, 
unless  the  party  claiming  against  the  title  of  the  com- 
pany establishes,  prima  facie,  a  lawful  title  from  or 
through  a  railroad  company  to  the  residue.     (R.  S.  §  3360.) 

Company  may  replevy  scrap.  §  9023.  By  its  proper 
officer  or  agent,  or  the  receiver  therof,  a  company  may 
claim  to  be  the  general  owner  of,  and  may  replevy  the 
metals  or  articles  mentioned  in  §  9021,  and  metals  with 
which  they  may  have  been  confused,  found  in  the  pos- 
session of  a  person,  firm  or  company,  when  there  is 
good  reason  to  believe  that  such  metals  or  articles  were 
unlawfully  taken  from  a  railroad  company  or  its  re- 
ceiver. Instead  of  the  usual  averment  as.  to  ownership. 
In  the  affidavit  for  a  writ  of  replevin,  it  shall  be  suffi- 
cient for  the  officer  or  agent  of  such  company,  or  the 
receiver,  to  aver  that  he  believes  such  metals  or  articles 
were  unlawfully  taken  from  such  company  or  some  other 
company.  The  person,  firm  or  company  claiming  in  such 
action  the  right  or  title  to  such  metals  or  articles,  prima 
facie,  shall  prove  a  right  or  title  to  such  metals  or 
articles,  prima  facie  shall  prove  a  right  or  title  thereto, 
lawfully  derived  as  hereinbefore  provided.  In  the  ab- 
sence of  such  proof,  the  company  or  receiver  claiming 
such  metals  or  articles  shall  be  held  to  be  the  general 
owner  thereof  but  any  other  company  or  receiver,  upon 
showing  that  part  of  such  metals  or  articles  unlawfully 
were  taken  from  it  or  him,  shall  be  entitled  to  such  part, 


upon  payment  of  a  proper  share  of  the  cost  and  expenses 
of  replevying  it.     (R.  S.  §  3361.) 

Liability  of  company  or  receiver.  §  9024.  It  a  company 
or  its  receiver,  replevies  property  under  the  next  pre- 
ceding section  without  reasonable  cause  to  believe  that 
it  was  unlawfully  taken  from  said  company,  or  its  re- 
ceiver, such  company  or  receiver  shall  be  liable  to  the 
party  entitled  thereto  in  any  sum  not  exceeding  double 
the  value  of  the  property  so  replevied,  in  addition  to  such 
damages  as  such  party  sustains  thereby.     (R.   S.  §   3361.) 

CHAPTER  2.  TELEGRAPH  AND  TELEPHONE  COM- 
PANtES. 

§  9170.     Powers  of  companies. 

§  9171.     May    acquire   or    construct    other    lines. 

§  9172.     May  appropriate  land. 

S  9173.     Limitation    of   authority    to    appropriate. 

§  9174.     Land    held    by   another    corporation. 

§  9175.     Land    held    by    a    railroad    company. 

§  9176.     Limitation. 

§  9177.     Land  lying  in  more  than  one  county. 

§  9178.     How    to   acquire    use    of   public    ground. 

§  9179.     Compensation    only    for    damages. 

§  9180.  May  construct  lines  any  place  that  will  not 
incommode  the  public. 

§9181.     Taxation. 

§  9182,  Must  receive  and  transmit  dispatches  of  other 
lines. 

§  9183.     When   company  to  forward  dispatches. 

§  9184.     When   agent   to   indorse  dispatch. 

§  9185.     Transmitting  and  delivery  of  messages   . 

§  9186.     Transmission    of   a    forged    dispatch. 

§  9187.     Removal   of  telegraph   structures. 

§  9188.     Company    may    appropriate   other    land. 

§  9189.  When  another  corporation  may  enforce  re- 
pairs. 

§  9190.     When   companies   may  consolidate. 

§  9191.     Chapter  applies  to  telephone  companies. 

§  9192.  Electric  light,  power  and  automatic  package 
carrier  companies. 

§  9193.     Must   have   consent   of  municipality. 

§  9194.     Any    penalty    cumulative. 

§  9195.     Powers  of  electric  light  and  power  companies. 

§  9196.     Prior   contracts   declared    valid. 

§  9197.     Ordinances,   validity  of. 

§  9198.     Consent,   by  whom   to   be   given. 

Powers  of  companies.  S  9170.  A  magnetic  telegraph 
company  may  construct  telegraph  lines,  from  point  to 
point,  along  and  upon  any  public  road  by  the  erection  of 
the  necessary  fixtures,  including  posts,  piers  and  abut- 
ments necessary  for  the  wires,  but  shall  not  incommode 
the  public  in   the  use   thereof.     (R.   S.   §   3454.) 

May  acquire  or  construct  other  lines.  §  9171.  Such 
company  may  construct,  own,  use  and  maintain  a  line 
or  lines  of  magnetic  telegraph,  whether  described  in  its 
original  articles  of  incorporation  or  not.  and  whether 
such  line  or  lines  are  wholly  within  cr  partly  beyond 
the  limits  of  this  State.  It  also  may  join  with  another 
company  or  association  in  conducting,  leasing,  owning, 
using  or  maintaining  such  line  or  lines,  upon  terms 
agreed  upon  between  the  directors  or  managers  of  the 
respective  companies.  Such  companies  may  own  and 
hold  any  interest  in  such  line  or  lines,  or  become  lessees 
thereof,  on  such  terms  as  they  agree  upon.  But  no  such 
company  or  companies  and  the  owner  or  owners  of  rights 
of  way  shall  contract  for  the  exclusive  use  thereof  fcr 
telegraphic  purposes.     (R.  S.  §  3455.) 

May  appropriate  land.  It  9172.  Such  company  may  enter 
upon  any  land,  held  by  an  individual  or  a  corporation, 
acquired  by  purchase  or  appropriation,  or  in  virtue  of 
any  provision  in  its  charter  for  the  purpose  of  making 
preliminary  examinations  and  surveys,  with  a  view  to 
the  location  and  erection  of  lines  of  magnetic  telegraph, 
and  appropriate  so  much  thereof  as  is  deemed  necessary 
for  the  erection  and  maintenance  of  its  telegraph  poles, 
piers,  abutments,  wires  and  other  necessary  fixtures, 
stations  and  the  right  of  way  over  such  lands  and  adja- 
cent lands  sufficient  to  enable  it  to  construct  and  repair 
its  lines.     (R.   S.   §   3456.) 

Limitation  of  authority  to  appropriate.  §  9173.  with- 
out  the    consent   of    the    owner   thereof,    in    writing,    no 


1094 


National  Associatiox  of  Eailway  Commissioners 


such  company  shall  enter  a  building  or  edifice,  or  use 
or  appropriate  any  part  thereof,  or  erect  a  telegraph  pole, 
pier  or  abutment  in  a  yard  or  inclosure  within  which  an 
edifice  is  situated,  nor,  in  cases  not  hereinafter  provided 
for,  erect  a  telegraph  pole,  pier,  abutment,  wires  or 
other  fixtures  so  near  to  an  edifice  as  to  occasion  in- 
jury thereto,  or  risk  of  injury,  in  case  such  pole,  pier 
or  abutment  be  overthrown,  nor  injure  or  destroy  any 
fruit   or  ornamental   tree.      (R.    S.    §    3457.) 

Land  held  by  another  corporation.  S  ,9174.  When  lands 
sought  to  be  appropriated  for  lines  of  magnetic  telegraph 
are  held  by  a  corporation  incorporated  under  a  law  of 
this  State,  whether  by  purchase  or  in  virtue  of  an  ap- 
propriation authorized  by  its  charter  or  the  laws  of  this 
State,  the  right  of  the  company  to  appropriate  the  lands 
is  limited  to  such  use  of  them  as  will  not,  in  a  material 
degree,  interfere  with  the  practical  uses  to  which  the 
company  is  authorized  to  put  the  lands  under  its  char- 
ter. No  company  shall  erect  pcles,  piers,  abutments, 
wires  or  other  necessary  fixtures  in  such  close  proximity 
to  another  line  of  magnetic  telegraph  authorized  by  law 
to  be  constructed  as  to  interfere  mechanically  with  its 
practical   working.     (R.  S.   §   3458.) 

Land  held  by  a  railroad  company.  §  9175.  The  right 
of  such  company  to  use  lands  held  by  a  railroad  com- 
pany, for  the  permanent  structure  of  such  telegraph, 
shall  be  limited  to  land  which  lies  within  5  feet  of  the 
outer  limits  of  the  right  of  way  thereof,  if  it  is  prac- 
ticable to  erect  the  line  within  those  limits.  When  the 
company  seeks  to  appropriate  lands,  that  lie  beyond 
those  limits,  its  petition  shall  set  forth  facts  showing 
that  it  is  impracticable  to  erect  its  line  within  such 
limits,  and  designate,  either  by  a  survey  and  map,  or 
by  reference  to  monuments,  or  by  other  means  of  easy 
identification,  the  place  or  places  where  the  company 
seeks  to  establish  the  line.  If  it  be  controverted  by  the 
railroad  company,  the  Probate  Court  shall  determine 
whether  the  erection  of  the  line  at  the  place  or  places 
designated  in  any  material  degree  will  interfere  with  the 
practical  uses  to  which  such  railroad  company  is  author- 
ized to  put  the  land.  If  satisfied  that  it  will  so  inter- 
fere, the  court  shall  reject  the  petition,  or  require  the 
structure  to  be  erected  at  such  other  place  or  places  as 
it  directs.      (R.   S.    §    3459.) 

Limitation.  §  9176.  Nothing  in  this  chapter  shall  be 
construed  to  authorize  any  company  to  appropriate  the 
use  of  the  track  or  rolling  stock  of  a  railroad  company  for 
transporting  poles,  materials,  or  the  employes  of  such  tele- 
graph company,  or  for  any  other  purpose.     (R.  S.,  §  3459.) 

Land  lying  in  more  than  one  county.  §  9177.  Proceed- 
ings to  appropriate  lands  to  the  use  of  such  a  company, 
against  a  defendant  whose  adjoining  or  continuous  lands  lie 
in  more  than  one  county,  may  be  instituted  in  any  county 
in  which  any  part  of  the  lands  lie,  and  the  damages  shall  be 
assessed  in  one  proceeding,  in  respect  of  all  the  lands  of 
the  defendant  sought  to  be  appropriated,  whether  lying  m 
the  county  wherein  the  court  is  sitting,  or  in  other  coun- 
ties.     (R.   S.,   §3460.) 

How  acquire  use  of  public  ground.  §  9178.  When  lands 
authorized  to  be  appropriated  to  the  use  of  such  company 
are  subject  to  the  easement  of  a  street,  alley,  public  way, 
or  other  public  use,  within  the  limits  of  a  city  or  village, 
the  mode  of  use  shall  be  such  as  is  agreed  upon  between 
the  municipal  authorities  of  the  city  or  village  and  the 
company.  If  they  cannot  agree,  or  the  municipal  authori- 
ties unreasonably  delay  to  enter  into  an  agreement,  in  a 
proceeding  instituted  for  the  purpose,  the  Probate  Court 
of  the  county  shall  direct  in  what  mode  the  telegraph  line 
shall  be  constructed  along  such  street,  alley  or  public  way, 
so  as  not  to  incommode  the  public  in  the  use  of  it.  (R.  S. 
S  3461.) 

Compensation  only  for  damages.  S  9179.  Nothing  in 
the  preceding  section  shall  authorize  a  municipal  corpora- 
tion to  demand  or  receive  compensation  for  the  use  of  a 
street,  alley,  or  public  way,  beyond  what  may  be  necessary 
to  restore  the  pavement  to  its  former  state  of  usefulness. 
(R.  S.  §3461.) 

May  construct  lines  any  place  that  will  not  incommode 
the  public.  §  9180.  Any  person  or  persons  may  construct 
lines  of  electric  telegraphs,  from  point  to  point,  upon  and 
along  any  of  the  public  roads  and  highways,  and  across  any 
waters  within  the  limits  of  this  State,  by  the  erection  of  the 


necessary  fixtures,  including  posts,  piers  or  abutments  for 
sustaining  the  cords  or  wires  of  such  lines.  But  they  shall 
not  be  so  constructed  as  to  incommode  the  public  in  the  usa 
of  the  roads  or  highways,  or  endanger  or  injuriously  inter- 
rupt the  navigation  of  such  waters.  This  provision  shall 
not  authorize  the  erection  of  a  bridge  across  any  waters  of 
this  State.     (45  v.  34,  §  1.) 

Taxation.  §  9181.  The  stock  or  value  invested  in  lines 
of  electric  telegraph  shall  be  subject  to  taxation,  like  other 
property  in  this  State.     (45  v.  34  §  6.) 

Must,  receive  and  transmit  dispatches  of  other  lines. 
§  9182.  Every  company,  incorporated  or  unincorporated, 
operating  a  telegraph  line  in  this  State,  shall  receive  dis- 
patches from  and  for  other  telegraph  lines;  and  from  or  for 
any  individual;  and  on  payment  of  its  usual  charges  for 
transmitting  dispatches  as  established  by  the  rules  and 
regulations  of  the  company,  transmit  them  with  impartial- 
ity and  good  faith,  or  forfeit  $100  for  each  case  of  neglect 
or  refusal  so  to  do,  to  be  recovered  with  costs  of  suit,  by 
civil  action  in  the  name  and  for  the  benefit  of  the  person 
or  company  sending  or  forwarding  or  desiring  to  send  or 
forward  the  dispatch.     (R.  S.  §  3462.) 

When  company  to  forward  dispatches.  %  9183.  Whea  a 
person  sending  a  dispatch  desires  to  have  it  forwarled 
over  the  lines  of  other  telegraph  companies  whose  tern  ini 
are  respectively  within  the  limits  of  the  usual  delivery  of 
such  companies,  to  the  place  of  final  destination,  tenders 
to  the  first  company  the  usual  charges  for  the  dispatch  to 
the  place  of  final  delivery,  the  company  shall  receive  it, 
and,  without  delaying  the  dispatch,  pay  to  the  succeeding 
line  the  necessary  charges  for  the  remaining  distance,  "he 
succeeding  line  shall  accept  it  and  forward  the  dispatch  as 
if  the  sender  had  applied  to  it  in  person,  and  paid  the  usaal 
charges.  For  the  omission  so  to  do  it  shall  be  liable  t )  a 
like  penalty,  as  provided  in  the  next  preceding  section. 
(R.  S.  §  3463.) 

When  agent  to  indorse  dispatch.  §  9184.  When  appl  ca- 
tion is  made  to  such  company  to  send  a  dispatch,  the  iffl- 
cer,  agent,  clerk  or  servant  appointed  by  the  company,  to 
receive  dispatches  at  that  station  shall  inform  the  ap  )li- 
cant,  and,  if  required  by  him,  write  upon  the  dispal  ch, 
that  the  line  is  not  in  working  order,  or  that  the  dispatc  les 
on  hand  for  transmission  will  occupy  the  time  so  that  he 
dispatch  offered  can  not  be  transmitted  within  the  ti  me 
required,  if  the  facts  are  so.  For  an  omission  so  to  do, 
or  for  intentionally  giving  false  information  to  the  ap  )li- 
cant  as  to  the  time  within  whicli  the  dispatch  offered  an^ 
be  sent,  the  officer,  agent,  clerk  or  servant,  and  the  C'  m-' 
panv  by  which  he  is  employed,  shall  incur  the  forfeit  ire 
provided   in    §9182.      (R.    S.   §3464.) 

Transmitting  and  delivery  of  messages.  §9185.  Ev  ;ry 
telegraph  company,  incorporated  or  unincorporated,  ope  at- 
ing  a  telegraph  line  in  this  State,  shall  transmit  and  de- 
liver all  dispatches  in  the  order  in  which  they  are  recei  ed 
for  transmission  or  delivery,  under  the  like  forfeiture  of 
$100,  as  provided  in  §  9182,  except  that  arrangements  i  lay 
be  made  with  the  proprietors  or  publishers  of  newspai  ers 
for  the  transmission,  for  publication  of  intelligence  of  f  en- 
eral  and  public  interest,  out  of  its  regular  order,  and  lis- 
patches  by  officers  of  the  State  or  the  United  States,  on 
public  business,  may  have  preference  over  all  private  b  isi- 
ness,  when  the  public  interest  so  requires.  No  company  is 
required  to  deliver  dispatches  at  a  greater  distance  fi  oni 
the  station  at  which  they  are  received  than  is  publishec  in 
its  regulations.  If  an  applicant  directs  a  dispatch  tc  be 
mailed  at  the  place  of  delivery,  and  offers  to  pay  the  ne  pes- 
sary postage  thereon,  the  company  shall  affix  the  pr(  per 
postage  stamp,  and  mail  the  dispatch  in  time  for  the  Tirst 
mail  that  departs  after  it  is  received  at  the  office  of  de- 
livery. For  the  omission  so  to  do  the  company  shall  be 
liable  to  a  forfeiture  as  provided  in  §  9182.     (R.  S.  §  34  ;5.) 

Transmission  of  a  forged  dispatch.  §  9186.  A  pei  son 
who  knowingly  transmits  by  a  telegraph  line  any  false 
communication  or  intelligence,  with  intent  to  injure  a  per- 
son, or  to  speculate  in  an  article  of  merchandise,  (ora- 
merce,  or  trade,  or  with  intent  that  another  may  do  sc,  or 
knowingly  sends  or  delivers  a  dispatch  that  is  forged,  or 
not  authorized  by  the  person  whose  name  purports  to  be 
signed  to  it,  shall  be  liable  to  the  forfeiture  provided  in 
§9182.     (R.  S.  §3467.) 

Removal  of  telegraph  structures.  §9187.  After  the 
erection  of  a  line  of  magnetic  telegraph  upon  lands  held  by 
a  corporation,  if  it  has  occasion  to  use  the  land  upon  which 


Public  Skuvioe  Laws 


1095 


•A  telegraph  pole,  pier,  abutment,  or  other  fixture  is  erected, 
for  a  purpose  authorized  by  its  charter,  the  company  shall 
remove  the  pole,  pier,  abutment,  or  fixture,  to  a  convenient 
place  designated  by  the  corporation,  upon  reasonable  notice 
given  in  writing,  and  erect  it  in  such  new  place,  so  as  not 
to  interfere  with  the  practical  uses  to  which  the  corpora- 
tion is  authorized  to  put  the  land.     (R.  S.  §  3468.) 

Company  may  appropriate  other  land.  §  9188.  It  it  is 
impracticable  to  erect  a  line  of  magnetic  telegraph  upon 
the  lands  of  such  corporation,  in  consequence  of  the  uses 
to  which  it  put  the  lands,  the  telegraph  company  may  ap- 
propriate adjoining  lands,  by  a  separate  proceeding  for 
that  purpose.     (R.  S.  S  3468.) 

When  another  corporation  may  enforce  repairs.  §  9189. 
After  the  erection  of  such  telegraph  line  on  the  lands  of  a 
corporation,  if  it  apprehends  danger  or  risk  of  danger,  to 
its  work  or  practical  operations,  in  consequence  of  decay, 
or  defect  in  the  mode  of  structure  of  any  works  of  the  tele- 
graph company,  upon  five  days'  notice  in  writing,  it  may 
require  the  company  to  repair  such  decayed  or  detective 
works.  It  the  danger  is  imminent,  so  as  not  to  admit  of 
delay,  the  corporation  without  notice,  may  repair  the  defect, 
and  recover  the  reasonable  expense  thereof,  with  costs  of 
suit,  before  any  court  of  competent  jurisdiction.  (R  S 
§3469.) 

When  companies  may  consolidate.  §  9190.  When  two 
or  more  telegraph  companies  whose  several  lines  are  not 
parallel  or  in  competition  with  each  other,  but  which, 
united,  will  form  a' continuous  line  for  receiving  and  trans- 
mitting dispatches,  desire  to  consolidate  into  a  single  cor 
poration,  they  may  do  so  in  the  manner,  and  subject  to  the 
rules  provided  for  the  consolidation  of  railroad  companies. 
(R.  S.  §3470.) 

Chapter  applies  to  telephone  companies.  S  9191.  The 
provisions  of  this  chapter  apply  also  to  a  company  organ- 
ized to  construct  a  line  or  lines  of  telephone;  and  every 
such  company  shall  have  the  powers  and  be  subject  to  the 
restrictions  herein  prescribed  tor  magnetic  telegraph  com- 
panies.    (R.  S.  §  3471.) 

Electric  light,  poiter  and  automatic  package  carrier 
companies.  §  9192.  Excepting  §  S  9178  and  9179,  so  tar  as 
applicable,  the  provisions  of  this  chapter  shall  apply  to 
companies  organized  for  the  purpose  of  supplying,  public 
and  private  buildings,  manufacturing  establishments, 
streets,  alleys,  lanes,  lands,  squares  and  public  places  with 
electric  light  and  power,  or  an  automatic  package  carrier. 
Save  what  are  given  by  such  excepted  sections,  every  such 
company  shall  have  the  powers  and  be  subject  to  the  re- 
strictions herein  prescribed  for  magnetic  telegraph  com- 
panies.    (R.  S.  §  3461a.) 

Must  have  consent  of  municipality.  §  9193.  In  order  to 
subject  such  companies  to  municipal  control  alone,  any 
person,  or  company  shall  place,  string,  construct  or  main- 
tain a  line,  wire  fixture  or  appliance  of  any  kind  to  con- 
duct electricity  tor  lighting,  heating,  or  power  purposes 
through  a  street,  alley,  lane,  square,  place  or  land  of  a  city 
or  village,  without  the  consent  of  such  municipalities.  This 
Inhibition  also  extends  to  all  levels  above  or  below  the  sur- 
face of  such  public  ways,  grounds  or  places,  as  well  as 
along  their  surfaces,  but  not  to  rights  heretofore  received 
through  and  exercised  under,  proceedings  of  a  Probate 
Court.     (R.  S.  §  3471a.) 

Any  penalty  cumulative.  5  9194.  Any  penalty  provided 
by  law  for  enforcing  such  inhibition  shall  be  cumulative  to 
other  means  open  to  the  municipality  by  way  of  injunction 
or  otherwise,  and  not  exclusive.     (R.  S.  §  3471a.) 

Powers  of  electric  light  and  power  companies,  i  9195. 
A  company  organized  for  the  purpose  of  supplying  elec- 
tricity for  power  purposes,  and  tor  lighting  the  streets  and 
public  and  private  buildings  of  a  city  or  village,  may  manu- 
facture, sell  and  furnish  the  electric  light  and  power  re- 
quired therein  for  such  or  other  purposes,  and  with  the 
consent  of  the  municipality,  under  such  reasonable  regula- 
tions as  it  prescribes,  also  construct  lines  for  conducting 
electricity  tor  power  and  light  purposes  through  the  streets, 
alleys,  lanes,  lands  squares  and  public  places  of  such  city 
or  village,  by  the  erection  of  the  necessary  fixtures,  includ- 
ing posts,  piers  and  abutments  necessary  for  the  wires.  All 
wires  so  erected  and  operated  shall  be  covered  with  a  water 
proof  insulation,  and  the  poles,  piers,  abutments  and  wires 
so  located  and  arranged  as  not  to  interfere  with  the  sue 

i  cesstul  operation  of  existing  telegraph  and  telephone  wires. 

I    (83  v.  143  §  1.) 


Prior  contracts  declared  valid.  §  9196.  When  contracts 
for  electric  lighting  have  been  heretofore  entered  into  m 
which  there  is  an  omission  or  error  from  want  of  con- 
formity to  the  statutes  of  this  State  but  which  contracts 
have  been  made  as  herein  required,  and  when  by  reason  of 
the  expenditure  of  money  or  labor  in  the  performance  of 
such  contracts  or  on  any  other  account,  it  is  just  and  equit- 
able fully  to  execute  them,  in  such  cases  the  courts  are 
authorized  to  uphold  such  contracts  as  binding  on  all 
parties  to  them  and  to  carry  them  into  effect  as  though  no 
such  defect,  omission  or  error  existed,  any  law  of  this 
State  to  the  contrary  notwithstanding.     (92  v.  291  §    3.) 

Ordinances,  validity  of.  §  9197.  Any  company  organ- 
ized under  the  laws  of  this  or  of  any  other  State,  and  own- 
ing and  operating  a  telephone  exchange,  or  doing  a  tele- 
graph business,  in  any  city  or  village  in  this  State,  may 
construct  and  maintain  underground  wires  and  pipes,  or 
conduits  and  other  fixtures  for  containing,  protecting  and 
operating  such  wires  in  the  streets  and  public  ways  of  such 
city  or  village  in  the  State,  when  the  consent  of  such  city, 
or  village  has  been  obtained  therefor.  Any  ordinance  of 
any  village  purporting  to  grant  the  right  or  privilege  to 
any  telephone  or  telegraph  company  to  construct  and  main- 
tain underground  wires  and  pipes,  or  conduits  and  other 
underground  fixtures  for  containing,  protecting  and  oper- 
ating such  wires,  in  the  streets  and  public  ways  of  such 
village  and  which  grant  has  been  accepted,  or  when  money 
has  been  expended  in  good  faith  on  account  thereof,  is 
hereby  declared  to  be  valid  and  effective,  any  law,  or  part 
of  law,  to  the  contrary  notwithstanding.  (100  v.  85 
§  §],  la.) 

Consent,  by  tvhom  to  be  given.  §  9198.  Consent  of  a 
city  or  village  to  the  construction  and  maintenance  of  un- 
derground wires  and  pipes,  or  conduits  and  other  fixtures 
therefor,  by  a  company  owning  and  operating  a  telephone 
exchange  or  doing  a  telegraph  business,  shall  be  given  by 
the  council  in  cities  or  villages.     (100  v.  85  S  2.) 

LOCOMOTIVE  BOILERS— ACT  OF   1910. 

Be  it  enacted,  etc.: 

Inspection.  '  §  8965-1.  (SI.)  Every  person,  firm  or  cor- 
poration operating  a  steam  railroad  wholly  or  in  part 
within  this  State  shall  require  thorough  inspection  to  be 
made  of  the  boilers  and  appurtenances  of  all  locomotives 
which  shall  be  used  by  such  person,  firm  or  corporation  on 
such  railroad  within  this  State. 

Boiler  requirements  specified.  5  8965-2.  (§2.)  All  such 
boilers  so  used  shall  comply  with  the  following  require- 
ments: Th6  boilers  and  appurtenances  shall  be  well  made 
of  good  and  suitable  material;  the  openings  for  the  passage 
of  water  and  steam  respectively,  and  all  pipes  and  tubes 
exposed  to  heat,  shall  be  of  proper  dimensions  and  free  from 
obstructions;  the  spaces  between  and  around  the  flues  shall 
be  sufficient;  the  flues,  boiler,  furnace,  safety  valves,  fusible 
plugs,  low  water  indicators,  feed  water  apparatus,  gauge 
cocks,  steam  gauges,  and  means  of  removing  mud  and  sedi- 
ment from  the  boiler,  and  all  other  machinery  and  appur-  ■ 
tenances  thereof  shall  be  of  such  construction,  shape,  con- 
dition, arrangement  and  material  that  the  same  may  be 
safely  employed  in  the  active  service  of  such  railroad  with- 
out peril  to  life  or  limb. 

Duty  of  inspector.  §8965-3.  (§3.)  Each  inspector 
shall  satisfy  himself  by  thorough  examination  that  said  re- 
quirements have  been  fully  complied  with.  No  boiler,  pipe, 
nor  any  connections  therewith  shall  be  approved  which  is 
made  in  whole  or  in  part  of  bad  material,  or  is  unsafe  in  its 
form,  or  dangerous  from  defects,  workmanship,  age,  use  or 
other  cause. 

Quarterly  inspection.  §8905-4.  (§4.)  Said  inspections 
shall  be  made  at  least  every  three  months  under  the  direc- 
tion of  such  person,  firm  or  corporation  operating  such  rail- 
road, by  persons  of  suitable  qualifications  and  attain- 
ments to  perform  the  services  required  of  inspectors  of 
boilers  and  who  are  able  to  form  a  reliable  opinion  of  the 
strength,  form,  workmanship  and  suitableness  of  boilers  to 
be  employed  without  hazard  of  life  from  imperfections 
in  the  material,  workmanship  or  arrangement  of  any  part 
of  such  boiler  and  appurtenances. 

Rules  and  regulations.  §8965-5.  (§5.)  The  State  rail- 
road commission  shall  have  power  to  formulate  rules  and 
regulations  for  the  uniform  inspection  and  testing  of  boil- 
ers and  their  appurtenances,  and  for  the  qualifications  and 
competency  of  inspectors  of  boilers  under  the  provisions 


109(J 


National  Association  of  Railway  Commissioneiis 


of  this  Act.  Copies  of  such  rules  and  regulations  shall  be 
mailed  to  every  person,  firm  or  corporation  operating  a  rail- 
road by  steam  in  this  State.  If  it  shall  be  ascertained  by 
such  inspection  and  test,  or  otherwise,  that  any  locomotive 
boiler  is  unsafe  for  use,  the  same  shall  not  again  be  used 
until  it  shall  be  repaired  and  made  safe  so  as  to  comply 
with  the  requirements  of  this  Act. 

Appointment  of  inspector;  salary,  etc.  §8965-6.  (§6.) 
The  railroad  commission  shall  appoint  a  competent  person 
as  inspector  of  locomotive  boilers,  and  such  inspector  shall, 
under  the  direction  of  the  commission,  have  charge  of  the 
inspection  of  boilers  and  their  appurtenances,  of  locomo- 
tives used  in  the  operation  of  steam  railroads  within  this 
State  and  shall  perform  such  other  duties  in  connection 
therewith  as  the  commission  shall  direct.  Said  inspector 
shall  be  employed  at  a  fixed  compensation  not  exceeding 
one  hundred  and  eighty  dollars  per  month. 

Certificate  of  inspector.  §8963-7.  (§7.)  Each  inspec- 
tor, if  he  shall  approve  of  the  boiler  and  the  appurtenances 
throughout,  shall  make  and  subscribe  his  name  to  a  writ- 
ten or  printed  certificate  which  shall  contain  the  number 
of  each  boiler  inspected,  the  date  of  its  inspection,  the  con- 
dition of  the  boiler  and  appurtenances,  and  such  details 
as  may  be  required  by  the  forms  and  regulations  which 
shall  be  prescribed  by  the  railroad  commission.  Every 
such  certificate  shall  be  verified  by  the  oath  of  the  inspec- 
tor, and  he  shall  cause  said  certificate  to  be  filed  in  the 
office  of  the  railroad  commission  within  10  days  after  each 
inspection  shall  be  made,  and  also  a  copy  thereof  with  the 
officer  or  employe  of  such  railroad  having  immediate  charge 
of  the  operation  of  such  locomotive  boiler,  which  copy  shall 
be  placed  by  such  officer  or  employe  in  a  conspicuous  place 
in  the  cab  connected  with  the  locomotive  boiler  inspected, 
and  there  kept  framed  under  glass. 

Penalties.  §8965-8.  (§8.)  Every  person,  firm  or  cor- 
poration operating  such  railroad  and  violating  any  of  the 
provisions  of  this  Act  shall  be  liable  to  a  penalty  to  be 
paid  to  the  general  revenue  fund  of  the  State,  $100  for  each 
offense,  and  the  further  penalty  of  $100  for  each  day  it  or 
they  shall  omit  or  neglect  to  comply  with  said  provisions; 
and  the  making  or  filing  of  a  false  certificate  shall  be  a 
misdemeanor,  and  every  inspector  who  wilfully  certifies 
falsely  touching  any  steam  boiler  or  appurtenance  thereto, 
belonging,  or  any  matter  or  thing  contained  or  required  to 
be  contained  in  any  certificate  signed  and  sworn  to  by  him, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  any  sum  not  less  than  $200 
nor  more  than   $500. 

§  8965-9.  (§9.)  It  shall  be  the  duty  of  the  State  Rail- 
road Commission  to  enforce  the  provisions  of  this  Act. 

In  effect  September  r.  1010.  §8965-10.  (§10.)  This  Act 
shall  take  effect  and  be  in  force  on  and  after  September  1, 
1910.     Passed  May  10th,  1910.     Approved  May  20th,  1910. 

HEADLIGHTS— 1910. 

Sc   it   GTldCtGd     €tc  .* 

Headlight  provisions.  §8945-1.  (§1.)  Every  railroad 
corporation  operating  a  railroad  or  a  part  of  one  in  this 
State,  shall  on  or  before  the  first  day  of  January,  1911, 
equip  each  of  its  locomotives  (except  locomotives  used  ex- 
clusively in  yard  service)  with  a  headlight  of  such  con- 
struction, and  with  sufficient  candle  power  to  render  plainly 
visible  at  a  distance  of  not  less  than  350  feet  in  advance 
of  such  engine,  whistling  posts,  land  marks  and  other  warn- 
ing signs,  and  it  shall  be  unlawful,  after  such  date  for  any 
such  railroad  to  use  a  locomotive  (except  locomotives  used 
exclusively  in  yard  service)  upon  any  part  of  its  road 
lying  within  this  State,  that  is  not  equipped  with  a  head- 
light of  such  construction  and  candle  power  as  will  enable 
the  engineer  to  see  whistling  posts,  land  marks  and  other 
warning  signs  at  a  distance  of  not  less  than  350  feet  in 
advance  of  the  engine;  provided  that  not  less  than  30  per 
cent  of  all  the  locomotives  hereinbefore  required  to  be  pro- 
vided with  such  headlights  shall  be  so  equipped  on  or  before 
September  1,  1910. 

Inspection  by  railroad  commission.  §8945-2.  (§2.)  The 
State  Railroad  Commission  shall  from  time  to  time  in- 
spect or  cause  to  be  inspected  the  headlights  of  all  lo- 
comotives found  in  use  on  any  railroad  in  this  State. 
On  discovering  any  defective  headlight  the  commission 
shall  report  the  fact  to  the  superintendent  or  other  officer 
having  charge  of  the  road  on  which  it  is  found,  and  the 
railroad  corporation  receiving  such  notice,  shall  there- 
upon   cause   such    defective   headlight   to    be   immediately 


repaired,  and  if  so  ordered  by  the  railroad  commission 
shall  put  the  locomotive  containing  such  defective  head- 
light out  of  service  until  repaired  and  put  in  good  work- 
ing order. 

Penalty.  §8945-3.  (§3.)  Any  railroad  corporatioa 
using  or  permitting  to  be  used  on  its  line  in  this  State  a 
locomotive,  in  violation  of  any  provision  of  this  Act  shall 
be  liable  to  a  penalty  of  $100  for  each  violation,  to  be 
recovered  in  a  suit  or  suits  to  be  brought  by  the  prose- 
cuting attorney  in  the  Common  Pleas  Court  of  the  county 
having  jurisdiction  in  the  locality  where  such  violation 
occurred.  Upon  duly  verified  information  being  given 
him  of  such  violation  such  prosecuting  attorney  shall 
bring  such  suits.  The  railroad  commission  shall  give 
the  proper  prosecuting  attorney  information  of  any  such 
violations  as  may  come  to  its  knowledge. 

Passed    May   10,    1910;    approved   May   20,    1910. 

PASSENGER  TRAIN  CREWS. 

Be  it  enacted,  etc.: 

§  1.  That  §  12553  of  the  general  code  be  amended  to  read 
as  follows: 

Penalty  for  running  passenger  trains  with  less  than  full 
crexo.  §  12553.  Whoever,  being  superintendent,  train  nas- 
ter,  or  other  employe  of  a  railroad  company,  send;;  or 
causes  to  be  sent  outside  of  yard  limits,  a  passe  iger 
train  of  not  more  than  five  cars,  any  one  of  which  cai  ries 
passengers,  with  a  crew  consisting  of  less  than  one  en- 
gineer, one  fireman,  one  conductor  and  one  brakeiaan, 
and  if  four  of  said  cars  are  day  coaches  carrying  pas- 
sengers, or  if  in  a  train  of  more  than  five  cars,  thre ;  or 
more  of  which  are  day  coaches  carrying  passenj  era, 
or  a  train  of  more  than  six  cars,  four  of  which  are 
carrying  passengers,  or  a  train  of  more  than  seven  <  ars, 
two  or  more  of  which  are  carrying  passengers,  or  any 
train  with  six  or  more  cars  carrying  passengers  vith 
less  than  one  additional  brakeman;  regularly  employe  1  as 
such,  or,  if  when  more  than  two  cars,  either  of  w  licfi 
carries  passengers,  requires  a  brakeman  to  perform  the 
duties  of  baggage  master  or  express  agent,  shall  be  i  n^ 
.  not  less  than  $25  for  each  offense. 

For   the   purpose   of   this   Act,   a  combination   msjj! 
baggage   and    passenger    car   shall    be   regarded   as   a 
coach,    but    straight    dining    cars    and    private    cars    f  hall 
not   be    regarded   as   cars   carrying   passengers. 

§  12554.  The  next  preceding  section  shall  not  a  iplJ 
to  trains  picking  up  a  car  between  terminals  in  this 
State,    or   to   cars    propelled    by   electricity. 

§  2.     That   said   original   §   12553   of   the   general  ^  ■ 
be,  and  the  same  is  hereby  repealed.  i  i 

Passed   May  31,  1911.  '  ! 

This  bill  was  presented  to  the  governor  on  Jur : 
1911,  and  was  not  signed  or  returned  to  the  h  )ii8« 
wherein  it  originated  within  10  days  after  being  so  pre 
sented,  exclusive  of  Sundays  and  the  day  said  bill  was 
presented,  and  was  filed  in  the  office  of  the  secretary 
State   June   17,    1911. 


nes 


I 


UNION  DEPOT  COMPANIES. 


I 


Bp  it  GTi(zct€^'    dc  ' 

§  1.  That'  §  §  9160,  9161,  9262,  9163,  9164,  9167  and 
9169  of  the  general  code  be  amended  to  read  as  follows: 

Articles  of  incorporation.  §9160.  The  presidents  ol 
two  or  more  railroad  companies  running  railroads  tc  the 
same  city,  or  village,  by  the  consent  and  under  th'  dl 
rection  of  their  respective  boards  of  directors,  or  anj 
number  of  persons,  not  less  than  five,  a  majorit  ol 
whom  shall  be  residents  of  this  State,  may  file  the 
articles  of  incorporation  in  the  office  of  the  secretaiv  ol 
State  for  the  purpose  of  purchasing  depot  grounds,  and 
locating,  constructing,  and  maintaining  a  conimoi  oi 
union  station  house,  passenger  or  freight  depot,  and 
terminals,  and  a  union  railroad  by  two  or  more  tracks 
connecting  the  railroads  of  various  companies  for  bust 
ness   purposes. 

Contents.  §  9161.  The  articles  of  incorporation  shall 
specify: 

1.  The  name  assumed  by  such  company. 

2.  The  names  of  tne  companies,  when  the  presidents 
of  such  companies  incorporate  under  this  Act,  and  the 
city  or  village  where  such  depot,  terminals,  and  connec 
tion  tracks  are  to  be  constructed. 


Public  Service  Laws 


1097 


Capital  stock.  3.  The  amount  of  capital  stock  neces- 
sary to  obtain  a  site,  and  construct  and  maintain  such 
depot,  terminals,  and  tracks. 

Appropriation  of  land.  §  9162.  Such  articles,  signed  by 
the  presidents  in  behalf  of  the  railroad  companies,  with 
the  corporate  seals  of  the  companies  annexed  thereto, 
or  any  number  of  persons,  not  less  than  five,  a  majority 
of  whom  shall  be  residents  of  this  State,  shall  be  for- 
warded to  the  secretary  of  State,  who  shall  record  and 
preserve  them  in  his  office.  A  copy  thereof,  duly  certi- 
fied by  him,  shall  be  evidence  of  the  existence  of  such 
company;  and  thereafter  it  may  contract  and  be  con- 
tracted with,  sue  and  be  sued,  locate  and  take  releases 
of  right  of  way  and  depot  grounds  and  terminals,  and 
appropriate  so  much  land  as  is  necessary  for  such  depot 
tracks  and  terminals,  and  shall  have  all  the  powers  given 
to  railroads  by  the  laws  of  this  State,  for  the  purpose  of 
acquiring,   constructing   and   operating  its   terminals. 

Stock,  how  apportioned.  §  9163.  The  companies  whose 
boards  of  directors  authorize  the  filing  of  the  articles  of 
incorporation,  or  assent  thereto,  shall  each  be  held  to 
own  and  be  liable  to  pay  an  equal  proportion  of  the 
capital  stock,  or  when  such  union  depot  and  terminal 
■companies  are  organized  by  any  number  of  persons,  not 
less  than  five,  the  provisions  of  the  law  authorizing  rail- 
road companies  to  enter  on  and  appropriate  lands  for 
depots,  workshops,  side  tracks,  and  materials  therefor, 
shall  be  applicable  to  such  company;  and  any  municipal- 
ity in  which  such  company  is  located,  owning  or  hav'ng 
charge  of  any  public  road,  street,  alley,  way  or  ground 
of  any  kind,  except  a  public  landing,  may  grant  to  such 
union  depot  and  terminal  company  the  right  to  con- 
struct, maintain,  and  operate  by  elevated,  surface  and 
underground  tracks,  so  far  as  may  be  necessary  to  carry 
out  the  purpose  of  said  union  depot  and  terminal  com- 
pany, along,  over  and  under  said  public  roads,  streets, 
alleys,  ways  or  grounds,  subject  to  existing  laws  con- 
cerning crossings  so  far  as  the  same  may  be  applicable, 
and  to  erect  and  maintain  therein  the  necessary  tracks, 
piers,  stays,  supports,  and  stations,  and  the  approaches 
for  the  same,  and  also  to  construct  suitable  terminals 
and  way  stations;  provided  that  before  making  such 
grant  said  union  depot  and  terminal  company  shall  file 
-with  the  city  or  village,  maps  showing  the  location  and 
character  of  the  construction,  and  said  grant  shall  pro- 
vide for  such  manner  of  construction  so  that  the  ordinary 
use  of  and  traffic  upon  said  roads,  streets,  alleys,  ways 
or  grounds,  whether  by  pedestrians,  vehicles,  street  cars 
or  otherwise,  except  temporarily  when  necessary  in  the 
construction  of  such  structure,  shall  not  be  interfered 
with;  and  said  grant  shall  further  provide  that  any 
tunnel  construction  shall  not  impair  the  stability  of  said 
roads,  streets,  alleys,  ways  or  grounds,  or  prevent  the 
■use  of  any  sewers,  water  pipes,  gas  pipes,  and  conduits 
used  for  such  purposes,  or  for  telephone  or  telegraph 
purposes  in  said  streets,  alleys,  ways  or  grounds,  except 
temporarily  when  necessary  In  the  construction  of  said 
tunnels.  Said  gi-ant  can  only  be  made  upon  such  terms 
and  conditions  as  are  agreed  upon  by  the  council  of  the 
city  and  the  company;  and  said  grants  shall  provide 
for  its  acceptance  by  such  union  depot  and  terminal  com- 
pany within  the  time  to  be  fixed  by  the  council  of  the 
municipality. 

By-laws,  rules  and  regulations.  §  9164.  The  president 
of  each  railroad  company  which  enters  into  such  arrange- 
ment shall,  ex  officio,  be  a  director  in  the  union  com- 
pany, unless  the  board  of  directors  of  such  company 
appoints  some  other  person  as  director;  or  when  such 
union  depot  and  terminal  companies  are  organized  by 
any  number  of  persons,  not  less  than  five,  the  board 
of  directors  of  such  companies  shall  be  elected  by  the 
stockholders.  All  questions  which  affect  the  pecuniary 
liabilities  and  expenditures,  the  election  of  officers,  ap- 
pointment of  agents  and  employes,  shall  be  regulated  by 
the  by-laws,  rules  and  regulations  of  such  companies, 
which  shall  not  be  Inconsistent  with  the  charter  of 
the  company  and  the  general  laws  of  the  State.  The 
board  shall  keep  a  record  of  its  proceedings  which  shall 
be  open  to  the  inspection  of  the  stockholders. 

Liability  of  company.  §  9167.  The  company  controlling 
and  operating  such  union  depot  and  terminal  property 
shall  be  liable  to  the  public  and  persons  who  contract 
with  such  company,  for  all  contracts  made  and  damages 


caused  by  it,  and  for  all  damages,  costs,  and  expenses 
which  arise  from  the  fault  or  neglect  of  Its  officers  and 
employes. 

Mortgages.  §  9169.  Any  such  company  may  borrow 
money  for  the  purpose  of  raising  means  to  carry  out  the 
powers  conferred  by  the  law  authorizing  the  incorpora- 
tion of  union  depots,  without  reference  to  the  amount 
of  stock  of  such  company,  and  also  issue  coupon  or 
other  bonds  payable  to  bearer,  bearing  interest  not  ex- 
ceeding the  highest  contract  rate  of  Interest  allowable 
in  this  State  at  the  time,  to  be  payable  semi-annually; 
it  also  may  mortgage  its  franchises,  property  and  reve- 
nues of  every  kind,  then  owned  or  subsequently  ac- 
quired, to  secure  the  payment  of  such  loan  and  interest, 
or  of  such  bonds  and  Interest;  the  stockholders  thereof 
may  guarantee  the  payment  of  any  notes  or  bonds  the 
company  lawfully 'issues,  and  it  may  dispose  of  the  same 
at  such  rate  of  premium  or  discount  as  the  directors 
deem  best  for  its  interest,  and  it  shall  be  sufficient  to 
record  any  such  mortgage  securing  such  loan  or  bonds 
In  the  real  estate  records  of  the  county  where  the  depot 
and   tracks  are   constructed. 

Repeal.  §  2.  The  original  §  §  9160.  9161,  9162,  9163,  9164, 
9167  and  9169  of  the  general  code  be  and  the  same  are 
hereby  repealed. 

Passed  April  30,  1910.     Approved  May  7,  1910. 

INTERURBAN  TERMINALS. 
Be  it  enacted,  etc.: 

Depot  company;  organization.  §9169-1.  (§1.)  Any 
five  or  more  persons,  the  majority  of  whom  are  citizens 
of  the  State  of  Ohio,  may  become  a  body  corporate  for 
the  purpose  of  constructing,  maintaining  and  operating 
union  electric  interurban  terminals  and  depots  and  con- 
necting tracks.  Such  companies  may  be  organized  In  the 
manner  provided  by  law  for  the  creation  of  corporations 
generally. 

Powers.  §9169-2.  (§2.)  Such  companies  shall  have 
power  to  appropriate  private  lands  for  the  purpose  of 
connecting  their  main  tracks,  terminals  and  depots  with 
their  own  and  the  tracks  of  any  other  interurban  electric 
railway  company;  for  acquiring  depot  sites;  for  the  con- 
struction of  main  track  to  avoid  dangerous  or  difficult 
curves  or  grades  or  unsafe  or  unsubstantial  grounds  or 
foundations,  or  to  extend  or  shorten  their  railway  lines. 
The  power  to  appropriate  property  herein  provided  for, 
shall  be  exercised  in  the  manner  provided  for  the  exer- 
cise of  such   power  by  railroad  companies. 

Powers.  §9169-3.  (§3.)  Such  companies  shall  have 
power  to  receive  grants  from  the  council  of  a  municipal- 
ity for  the  use  of  its  streets  or  alleys  upon  the  same 
terms  as  street  railways,  and  said  grant  shall  continue 
as  long  as  the  grants  and  renewal  or  reletting  thereof 
to  any  Interurban  or  street  railway  connecting  with  the 
same;  to  construct,  maintain  and  operate  railway  lines 
upon  the  streets  or  alleys  of  a  municipality  to  connect 
its  dei)ot  with  other  street  or  interurban  railways;  to 
build,  keep,  maintain  and  operate  union  electric  Inter- 
urban terminals  and  debots  for  electric  cars  and  trains; 
to  contract  for  the  use  of  their  tracks  for  the  operation 
of  the  cars  of  any  interurban,  street  or  other  electric 
railway  company  and  for  furnishing  them  terminal  depot 
facilities;  and  any  interurban,  street  or  other  electric  rail- 
way company  shall  have  power  to  contract  with  such 
union  interurban  terminal  and  depot  company  for  the  use 
of  their  tracks  and  for  terminal  depot  facilities. 

§9169-4.  (§4.)  All  charges  made  by  such  union  inter- 
urban and  depot  companies  for  the  use  of  their  tracks 
and  terminal  depot  facilities  shall  be  on  the  same  basis 
against  each  company  and  no  preference  in  charges  shall 
be  given  one  company  over  another. 

Maximum  charges.  In  no  event  shall  such  union  Inter- 
urban terminal  and  depot  company  charge  any  interurban 
street,  or  other  electric  railway  company,  for  the  use  of 
the  passenger  terminal  station  to  exceed  1  cent  for  each 
passenger  hauled  by  such  companies  within  the  munic- 
ipal  limits. 

§9169-5.  (§5.)  Such  company  may  borrow  money  for 
the  purpose  of  raising  means  to  carry  out  the  powers 
conferred  upon  It  by  law  without  reference  to  its  capital 
stock,  and  issue  its  notes  or  coupon  or  registered  bonds 
therefor,  bearing  any  rate  of  interest  authorized  by  law, 


1098 


National  Association  of  Kailway  Commissioners 


and  secure  the  payment  of  the  same  by  mortgage  of  its 
real  or  personal  property,  or  both. 

Passed  April  26,  1910.     Approved  May  7,  1910. 

SPUINKLINO   RIGHT   OF   WAY. 

An  Act  to  amend  §  3750  of  the  general  code  relative  to  re- 
quiring street  railway  companies  to  sprinkle  their 
rights  of  way. 

Be  it  enacted  by  the  general  assembhj  of  the  State  of  Ohio: 

§  1.  That  §  3750  of  the  general  code  be  amended  to 
read  as  follows: 

Municipality  may  contract;  when — Cost  and  penalty;  a 
lien.  §  3750.  Upon  'failure  of  any  interurban  or  street 
railway  company  after  60  days'  notice  to  the  person  hav- 
ing charge  of  management  of  such  interurban  or  street 
railway  company  in  such  municipality,  to  comply  with 
the  provisions  of  such  resolution,  the  municipality  may 
do  such  sprinkling  or  contract  therefor,  through  its 
proper  officials  in  accordance  with  the  laws  relating  to 
contracts,  and  the  cost  thereof  shall  be  charged  against 
such  interurban  or  street  railway  company  so  directed 
to  sprinkle,  and  shall  be  a  lien  upon  all  the  real  estate 
and  leasehold  interest  of  such  interurban  or  street  rail- 
way company  within  the  county  wherein  such  munic- 
ipality is  situate,  and  such  charge  and  cost  together  with 
a  penalty  of  $25  for  each  and  every  day  of  failure  on  the 
part  of  such  interurban  or  street  railway  company  to 
sprinkle  as  required,  may  be  collected  in  any  court  of 
competent  jurisdiction  or  the  lien  enforced  in  the  manner 
provided  by  law.  All  charges,  costs  and  penalties  col- 
lected under  the  provisions  of  this  section  shall  be  paid 
into  the  general  fund  of  the  municipality,  to  be  disposed 
of  as  the  council  thereof  may  direct. 

§  2.  That  said  original  §  3750  of  the  general  code  be, 
and  the  same  is  hereby  repealed. 

Approved   April   11,   1911. 

LIABILITY   FOR  LOSS   BY   FIRE. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio: 
§  1.     That  §  8970  of  the  general  code  be  amended  to 
read  as  follows: 

Liability  of  railroad  company  for  loss  or  damage  by 
fire — Evidence.  §  8970.  Every  company,  or  receiver  of  such 
company,  operating  a  railroad  or  a  part  of  one  shall  be 
liable  for  all  loss  or  damage  by  fires  originating  upon 
the  land  belonging  to  it  caused  by  operating  such  road. 
Such  company,  or  receiver  of  such  company,  further  shall 
be  liable  for  all  loss  or  damage  by  fires  originating  on 
lands  adjacent  to  its  land,  caused  in  whole  or  in  part  by 
sparks  from  an  engine  passing  over  such  railroad,  and  the 
exercise  by  such  company,  or  receiver  of  such  company, 
of  due  care  in  equipping  and  operating  such  engine  shall 
not  exempt  such  company,  or  receiver  of  such  company, 
from  such  liability,  which  may  be  recovered  before  any 
court  of  competent  jurisdiction  within  the  county  in  which 
the  lands  on  which  such  loss  or  damage  occurs  are  sit- 
uated. The  existence  of  fires  upon  the  railroad  company's 
lands  is  prima  facie  evidence  that  they  are  caused  by 
operating  such  railroad.  Provided  that  nothing  herein 
shall  invalidate  or  prohibit  contracts  of  such  company  or 
receiver  now  existing  or  hereafter  made,  by  which  such 
company  or  receiver  is  indemnified  against  such  loss  or 
damage  by  fire,  or  liability  therefor  released. 

§  2.  That  said  original  §§  8970  and  8971  of  the  general 
code  be  and  the  same  are  hereby  repealed. 

Passed  May  5,  1911. 

This  bill  was  presented  to  the  governor  May  5,  1911, 
and  was  signed  or  returned  to  the  house  wherein  it  origi- 
nated within  10  days  after  being  so  presented,  exclusive  of 
Sundays  and  the  day  said  bill  was  presented,  and  was 
filed  in  the  office  of  the  secretary  of  State  May  22,  1911. 

GRADE   CROSSINGS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio: 
!  1.    That   §  8874  of  the  general  code  be  amended  to 
read  as  follows: 

Poicers  as  to  grades  above  or  below  railroad  tracks, 
erection  of  piers,  etc.  §  8874.  Any  municipal  corporation 
may  raise  or  lower,  or  cause  to  be  raised  or  lowered,  the 
grade  of  any  street  or  way,  above  or  below  railroad  tracks 
therein,  and  may  require  any  railroad  company  operating 
a   railroad    In   such    municipality   to   raise    or   lower   the 


grade  of  its  tracks  and  may  construct  ways  or  crossings 
above  the-  tracks  of  any  railroad,  or  require  the  railroad 
company  to  construct  ways  or  crossings  that  are  to  be 
passed  under  its  tracks.  Any  municipality  may  require 
such  railroad  company  to  erect  permanent  piers,  abut- 
ments or  any  other  appropriate  supports,  in  the  ways, 
crossings,  streets,  roads  or  alleys,  whenever  in  the  opinion 
of  council,  the  raising  or  lowering  of  the  grade  of  any 
such  railroad .  tracks,  or  the  raising  or  lowering  of  the 
construction  of  such  ways,  crossings  or  supports  may  be 
necessary,  upon  the  terms  and  conditions  hereinafter  set 
forth. 

§  2.  That  said  original  §  8874  of  the  general  code  bo 
and  the  same  is  hereby  repealed. 

Passed  May  31,  1911. 

This  bill  was  presented  to  the  governor  on  June  3,  1911, 
and  was  not  signed  or  returned  to  the  house  wherein  it 
originated  within  10  days  after  being  so  presented,  ex- 
clusive of  Sundays  and  the  day  said  bill  was  presented, 
and  was  filed  in  the  office  of  the  secretary  of  state  June  17. 
1911. 


led 


TRESPASSIXG  BY   TELEPIIO.VE   EMPLOYES. 

Be  it  enacted,  etc.: 

§  1.  That  §  12530  of  the  general  code  be  amen 
so  as  to   read  as  follows: 

Written  consent  of  owner  or  presence  required — 1 
alty.  i  12530.  Whoever,  without  the  written  consent 
the  owner  or  his  agent,  enters  the  premises  or  building 
another,  for  the  purpose  of  constructing,  altering,  rep, 
ing,  examining,  or  attaching  thereto  a  wire,  pole,  insula 
frame  or  other  appendage,  unless  such  owner  or  ag 
is  present  and  assenting  thereto,  shall  be  fined  not  ; 
than  $10  nor  more  than  $100;  provided,  however,  t 
such  owner  or  agent  shall  give  such  written  consent  w 
it  shall  fairly  and  reasonably  appear  that  the  per 
applying  therefor,  in  good  faith,  desires  to  so  ei 
for  the  purpose  of  altering,  repairing  or  examining  g 
Avire,  pole,  insulator,  frame  or  appendage. 

§  2.     That  sad  original  §  12530  of  the  general  cod 
and  the  same  is  hereby  repealed. 

Passed  April  18,  1911. 

This  bill  was  presented  to  the  governor  April  18,  1 
was  not  signed  or  returned  to  the  house  wherein  it  oi 
nated   within  10  days  after  being  so  presented,  exclu: 
of  Sundays  and  the  day  said  bill  was  presented,  and 
filed  in  the  office  of  the  secretary  of  State  May  3,  1911 

LIAIULITY   FOR   DAMAGE  TO  FRKIGIIT.  ] 

Be  it  enacted,  etc.:  * 

Liability  for  loss  or  damage  to  freight  regardless  of 
tract  or  rule  of  common  carrier.  Code  S  8994-1.  (;  1.") 
That  any  common  carrier,  railroad  or  transportation  (om-, 
pany  receiving  property  at  a  point  within  the  State  of 
Ohio  for  transportation  to  a  point  within  the  Stat(  of 
Ohio  shall  issue  a  receipt  or  bill  of  lading  therefor  and 
shall  be  liable  to  the  lawful  holder  thereof  for  any  oss, 
damage  or  injury  to  such  property  caused  by  it  oi  by 
any  common  carrier,  railroad  or  transportation  comj  any 
to  which  such  property  may  be  delivered  or  over  w  lose, 
line  or  lines  such  property  may  pass,  and  no  cont  act, 
receipt,  rule  or  regulation  shall  exempt  such  common 
carrier,  railroad  or  transportation  company  from  the  li  ibil- 
ity  hereby  imposed:  Provided,  that  nothing  in  this  sec- 
tion shall  deprive  any  holder  of  such  receipt  or  bi  1  of 
lading  of  any  remedy  or  right  of  action  which  he  has 
under  existing  law. 

Ifight  of  recovery  against  carrier  on  irhose  lines  lo  •■«  or 
damage  occurred.  That  the  common  carrier,  railroad,  or 
transportation  company  issuing  such  receipt  or  bi  1  ol' 
lading  shall  be  entitled  to  recover  from  the  common  car- 
rier, railroad  or  transportation  company  on  whose  line 
the  loss,  damage  or  injury  shall  have  been  sustainet  thel 
amount  of  such  loss,  damage  or  ipjury  as  it  may  ba  re 
quired  to  pay  the  owners  of  such  property  as  may  bel 
evidenced  by  any  receipt,  judgment  or  transcript  thtreof' 

Approved  May  15,  1911. 

UNIFORM  BILLS  OF  LADING  ACT. 

A.\-  Act  to  supplement  S  8993  of  the  general  code  ani: 
make  uniform  the  law  of  bills  of  lading.  Approi 
May  22,  1911.     Laws  of  1911,  page  138-149.    Omitted. 


Public  Skiitice  La-r-s 


1099 


ixterurhan's  powkr  to  borrow  sioxey. 
Be  it  enacted  by  the  general  assembly  o/  the  State  of  Ohio: 

Authority  to  secure  loan  by  mortgage.  S  9121-1.  Cor- 
porations organized  for  the  purpose  of  owning  or  oper- 
ating street,  interurban  or  electric  railroads  may  borrow 
money  without  regard  to  the  amount  of  their  capital  stock, 
and  issue  their  notes  or  coupon  or  registered  bonds 
therefor,  bearing  any  rate  of  interest  authorized  by  law, 
and  may  secure  the  payinent  of  the  same  by  a  mortgage  or 
other  instrument  in  writing  upon  their  real  or  personal 
property  or  both.  It  shall  be  sufficient  record  of  such 
mortgage  or  instrument,  if  it  be  recorded  in  the  office 
of  the  recorder  of  deeds  in  each  county  wherein  the  real 
or  personal  property  therein  described  is  situated  or 
employed.  So  recorded,  it  shall  be  a  good  and  substan- 
tial lien  upon  all  such  property  from  the  date  of  its  record 
in  each  of  such  counties. 

Passed  May  31,  1911. 

This  bill  was  presented  to  the  governor  June  1,  1911, 
and  was  not  signed  or  returned  to  the  house  wherein  it 
originated  within  10  days  after  being  so  presented,  exclu- 
sive of  Sundays  and  the  day  said  bill  was  presented, 
and  was  filed  in  the  office  of  the  secretary  of  State  June 
15,  1911. 

UNDERGROUND  TELEGRAPH  LINES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Ohio: 
§  1.     That  §  9170  of  the  general  code  be  supplemented 
by  §9170-1  to  read  as  follows: 

Use  of  highway.  S  9170-1.  A  magnetic  telegraph  com- 
pany may,  subject  to  such  reasonable  regulations  as  the 
commissioners  of  the  county  may  prescribe,  construct  tele- 
graph lines  and  fixtures  necessary  for  containing  and  pro- 
tecting them  beneath  the  surface  of  any  public  highway 
outside  the  limits  of  a  municipal  corporation,  but  shall  not 
incommode  the  public  in  the  use  thereof. 
Passed  May  31,  1911;  approved  June  8,  1911. 

CONDE.MNATION    BY    TELEGR.M'Il    (OMPAMES. 

Be  it  enacted,  etc.: 

§  1.  That  §  9178  of  the  general  code  be  amended  so 
as  to  read  as  follows: 

Appropriation  proceedings  by  telegraph  company.  §  9178. 
When  lands  authorized  to  be  appropriated  to  the  use  of 
such  coriipany  are  subject  to  the  easement  of  a  street,  alley, 
public  way,  or  other  public  use,  within  the  limits  of  a  city 
or  village,  and  the  company  if  they  cannot  agree,  or  the 
municipal  authorities  unreasonably  delay  to  enter  into  an 
agreement,  in  a  proceeding  instituted  for  the  purpose,  the 
Probate  Court  of  the  county  shall,  subject  to  the  provisions 
of  §  11046  of  the  general  code,  direct  in  what  mode  the 
telegraph  line  shall  be  constructed  along  such  street, 
alley  or  public  way,  so  as  not  to  incommode  the  public 
in  the  use  of  it. 

§  2.  That  said  original  %  9178  of  the  general  code  of 
Ohio  be,  and  the  same  is  hereby  repealed. 

Passed  May  10,  1910;  approved  May  18,  1910. 

CONDEMNATION    RY    ELECTRIC    ROADS. 

Be  it  enacted,  etc.: 

S  1.     That  §  9118  of  the  general  code  be  supplemented 
by  enacting  §§  9118-1  and  9118-2  so  as  to  read  as  follows: 
Crossings,  other  than  steam  railivay.     §  9118-1.     When- 
ever it  is  deemed  necessary  by  a  majority  of  the  directors 
of  any  such  railway  company  to  cross  the  streets,  avenues, 
alleys,  ways,  or  any  part  thereof,  of  any  municipality,  or 
any    public   highway   outside   of  a   municipality,   whether 
the  same  be  under  the  control  of  public  authorities  or  a 
private  company,  or  a  person  or  persons,  the  council  of 
such  municipality,  or  the  public  officers  or  authorities  own- 
ing or  having  charge  of  such  highways  outside  of  munici- 
palities, shall  have  power  to  agree  with  such  company  as 
to  the   manner  and   mode  of  such  crossing  and  the  com- 
pensation to  be  paid  therefor;  if  the  parties  fail  to  agree, 
such  company  may  file  its  petition  in  the  common  pleas 
court   of   the   county   in    which    the    proposed   crossing   is 
situated,   and   in  such  case,  if  the  crossing  be  within   a 
municipality,  such  municipality  shall  be  defendant;  if  the 
'  crossing  be  outside  a  municipality,  the  public  authorities 
owning  or  having  charge  of  such  highway  shall  be  defend- 
'  ants.     Summons   shall  bo  served  and  the  rule  days   and 
■  the  rights  of  the  defendant  to  plead   shall  be  the  same 
i  as  in  civil  actions  in  such  court.     Such  petition  shall  set 


forth  the  action  of  the  company  declaring  the  necessity 
for  crossing  the  highway  and  the  inability  of  the  com- 
pany to  agree  with  the  council  or  other  public  officers 
or  authorities  owning  or  having  charge  of  said  highway; 
and  the  Court  of  Common  Pleas  thereupon  shall  have 
jurisdiction  of  the  parties  and  of  the  subject  matter  of  the 
petition  and  may  proceed  to  examine  the  matter  offered 
by  evidence,  by  reference  to  a  master  commissioner  or 
otherwise,  and  upon  the  final  hearing  of  said  cause  the 
court  shall  enter  its  decree  fixing  the  manner  and  mode 
of  such  crossing  and  the  compensation,  if  any,  to  be 
paid  therefor  by  the  company,  and  upon  compliance  with 
the  terms  of  said  decree  the  company  shall  have  the 
right  to  construct  and  maintain  said  crossing  in  accord- 
ance with  the  order  in  said  cause. 

Appropriation  of  real  estate.  §  9118-2.  Where  the  tracks 
of  any  such  road  extend  into  or  through  any  municipality, 
and  it  is  deemed  necessary  by  such  company  to  enter 
upon  and  use  any  private  property  within  such  munici- 
pality for  the  construction  and  maintenance  of  either  pas- 
.senger  stations  or  freight  depots  to  be  used  in  the  oper- 
ation of  such  road,  such  company  shall  have  the  right 
to  appropriate  private  property  within  municipalities  for 
such  purposes. 

Passed  May  10,  1910. 

Ths  bill  was  presented  to  the  governor  May  11,  1910, 
and  was  not  signed  or  returned  to  the  house  wherein  it 
originated  within  10  days  after  being  so  presented,  exclu- 
sive of  Sundays  and  the  day  said  bill  was  presented,  and 
was  filed  in  the  office  of  the  secretary  of  State  May 
24,   1910. 

GRADE    CROSSINGS. 

Be  it  enacted,  etc.: 

§  1.  That  §  8883  of  the  general  code  be  amended  to 
read  as  follows: 

Apportionment  specified.  §  8883.  The  cost  of  construct- 
ing the  improvement  authorized,  including  the  making  of 
ways,  crossings  or  viaducts,  above  or  below  the  railroad 
tracks,  and  the  raising  or  lowering  of  the  grades  of  the 
railroad  tracks  and  sidetracks  for  such  distance  as  may 
be  required  by  such  municipality  and  made  necessary  by 
such  improvement,  together  with  the  cost  of  land  or  prop- 
erty purchased  or  appropriated,  and  damages  to  owners 
of  abutting  property,  or  other  property,  shall  be  borne 
35  per  cent  by  the  municipality  and  65  per  cent  by  such 
railroad  company  or  companies.  The  municipality  shall 
have  a  right  of  action  against  any  such  railroad  company 
for  the  recovery  of  the  65  per  cent  and  such  costs  payable 
by  it,  with  interest  from  the  time  they  become  due. 
Such  municipality  and  railroad  company  may  agree  as 
to  what  part  of  the  work  shall  be  done  by  the  railroad 
company  and  also  fix  the  amount  to  be  allowed  or  credited 
to  the  company  for  doing  the  work.  Such  railroad  com- 
pany shall  be  entitled  to  deduct  from  its  65  per  cent  of 
the  cost  of  the  improvement  the  expense  incurred  by  it  in 
the  change  of  its  grade  required  by  the  municipality  or 
made  necessary  by  it  under  such  specifications,  but  only 
in  case  the  amount  of  expense  has  been  agreed  upon  in 
writing  between  the  municipality  and  the  railroad  com- 
pany. If  the  amount  of  work  done  by  the  company,  or 
made  necessary  by  reason  of  such  change  of  grade  on 
lowering  or  raising  its  tracks,  exceeds  65  per  cent  of  the 
cost  of  the  improvement,  then  it  shall  have  the  right 
to  recover  the  amount  with  interest  in  excess  of  65  per 
cent  of  the  expenses  in  an  action  at  law  against  the 
municipality. 

Repeal.  §  2.  That  original  §  8883  of  the  general  code 
be,  and  the  same  is  hereby  repealed. 

Passed  May  10,  1910. 

This  bill  was  presented  to  the  governor  May  11,  1910, 
and  was  not  signed  or  returned  to  the  house  wherein  it 
originated  within  10  days  after  being  so  presented,  exclu- 
sive of  Sundays  and  the  day  said  bill  was  presented, 
and  was  filed  in  the  office  of  the  secretary  of  State  May 
24,  1910. 

ENFORCEMENT    OF    FREIGHT    CLAIJI.S. 

Be  it  enacted,  etc.: 

§  1.  That  §  579  of  the  general  code  be  amended  to 
read  as  follows: 

Damage  claims.  §  579.  All  claims,  charges  or  demands 
against  a  railroad  for  loss  of,  or  damages  to,  property, 
occurring  while  in  the  custody  of  such  railroad  and  un- 


1100 


National  Association  of  Railway  Commissioners 


reasonable  delay  in  transportation  and  delivery,  or  for 
overcharges  upon  a  shipment,  or  for  any  other  service  In 
violation  of  this  chapter,  if  not  paid  within  GO  days  from 
the  date  of  the  filing  thereof  with  such  railroad,  may  be 
submitted  to  the  commission  by  a  formal  complaint,  to 
be  made  upon  blank  forms  which  it  is  hereby  made  the 
duty  of  the  commission  to  provide  upon  demand  of  the 
claimant.  Such  complaint  shall  be  verified  as  petitions 
in  civil  actions  and  may  be  accompanied  by  the  sworn 
statements  of  any  witnesses  who  have  knowledge  of  any 
fact  material  to  the  inquiry.  Upon  the  filing  of  such 
complaint,  the  commission  shall  forthwith  cite  the  rail- 
road to  answer  the  complaint,  and  the  citation  shall  be 
accompanied  with  a  brief  statement  of  the  claim.  The 
answer  of  the  railroad  shall  be  filed  within  three  weeks 
from  the  service  of  the  citation  and  shall  be  verified 
as  answers  in  civil  cases,  and  may  be  accompanied  with 
the  affidavits  of  any  witnesses  having  knowledge  of  fact 
material  to  the  inquiry.  The  burden  of  prcof  shall  be 
upon  the  railroad  to  show  that  loss  or  damage  to  prop- 
erty was  not  due  to  its  negligence.  The  railroad  to 
which  property  is  delivered  for  shipment  shall  prima 
facie  be  liable  for  loss  or  damage  occurring  to  such 
property  in  transit,  notwithstanding  it  may  be  delivered 
to  other  railroads  before  reaching  its  destination.  The 
claim  referred  to  in  this  section  for  loss  of,  or  damage 
to,  property  may  be  made  to  any  carrier  over  whose  lines 
the  lost  or  damaged  property  has  l>een  consigned,  and 
such  claimant  may,  at  his  option,  join  all  of  such  rail- 
roads as  parties  defendant  in  his  complaint  before  said 
commission.  The  railroad  shall  furnish  the  claimant 
with  a  copy  of  its  answer  and  affidavits,  if  any,  and, 
within  two  weeks  from  the  filing  of  such  answers,  the 
claimant  may  file  his  reply  with  affidavits  in  support 
thereof,  verified  as  replies  in  civil  cases.  At  the  expira- 
tion of  said  period  of  two  weeks  the  commission  shall 
proceed  summarily  to  examine  the  complaint,  answer 
the  reply  and  affidavits  and  shall  determine  the  existence 
and  validity  of  the  claim  presented.  If  it  find  in  favor 
of  the  claimant,  it  shall  certify  its  findings  to  the  clerk 
of  the  Court  of  Common  Pleas  of  the  county  in  which 
the  claimant  resides  or  where  the  railroad  or  any  of  its 
offices   is  maintained. 

§  2.  That  S  580  of  the  general  code  be  amended  to 
read  as   follows: 

Immediate  trial.  §  580.  Within  30  days  from  the  re- 
ceipt of  such  findings  by  said  clerk,  the  railroad  may 
by  motion  cause  the  same  to  be  docketed  as  a  civil 
action  in  said  court,  in  which  case  the  original  pleadings 
shall  be  used  and  the  case  shall  be  advanced  for  im- 
mediate trial.  If  no  such  motion  is  filed,  the  clerk  shall 
enter  up  the  finding  of  the  commission  as  a  judgment, 
and  the  same  shall  be  in  all  respects  treated  as  a  judg- 
ment at  law,  with  all  the  incidents  thereof,  and  upon 
which  execution  may  issue  as  in  other  cases.  If  said 
matter  is  docketed  for  trial,  the  action  shall  proceed  as 
in  other  civil  actions  for  damages,  except  that  upon  trial 
thereof  a  copy  of  the  findings  and  order  of  the  com- 
mission, duly  certified  by  the  secretary  thereof,  shall  be 
fompetent  testimony  and  shall  be  prima  facie  evidence 
of  the  facts  therein  stated,  and  except  that  the  plaintiff 
shall  not  be  liable  for  any  costs  unless  they  accrue  upon 
his   appeal. 

§  3.  That  said  original  §§  579  and  580  be,  and  they 
are  hereby  repealed. 

Passed  April  26,  1910;  approved  May  9,  1910. 

INFORMAL  CONSOLIDATION   AGREEMENTS. 

Be  it  enacted,  etc.: 

§  1.  That  §  9032  of  the  general  code  be  amended  to 
read  as   follows: 

Curing  defects  in  railroad  agreements.  S  9032.  If  the 
agreement  or  certified  copy  thereof  for  the  consolidation 
of  railroad  companies,  heretofore  filed  in  the  office  of 
the  secretary  of  State,  is  defective  by  reason  of  the 
omission  of  a  statement  of  the  place  of  residence  of  the 
directors,  or  the  number  and  places  of  residence  of  the 
other  officers,  as  required  in  such  agrement  by  the  laws 
of  this  State,  but  when  in  pursuance  of  such  agreement 
an  election  of  directors  has  been  had,  and  other  officers 
have  been  elected  or  appointed,  all  such  defects  in  such 
agreement,    and    any   defect   in    the    certificates    thereon, 


may  be  cured  by  filing  in  the  office  of  the  secretary 
of  State  a  copy  of  the  proceedings  of  the  election,  duly 
certified  by  the  secretary  of  the  consolidated  company, 
under  its  corixjrate  seal,  to  be  such  copy,  and  the  cer- 
tificate signed  by  the  president  and  secretary  of  the 
consolidated  company,  under  its  corporate  seal,  setting 
out  the  respective  places  of  residence  of  the  directors 
first  elected,  and  of  the  officers  first  elected  or  appointed 
at  the  time  they  were  so  elected  or  appointed,  which 
shall  thereupon  be  considered  a  part  of  the  agreement 
of  consolidation  the  same  as  if  originally  incorporated 
therein.  Upon  filing  such  certified  copy  of  the  proceed- 
ings and  certificate,  all  such  defects  existing  prior  to 
the  filing  of  such  certified  copy  of  the  proceedings  and 
certificate  shall  be  cured,  and  the  several  acts  of  such 
company  shall  be  held  valid,  and  the  agreement  and  all 
rights,  remedies,  powers,  duties  and  acts  thereunder  be 
construed  accordingly.  The  agreement,  proceedings  and 
certificate,  and  copies  thereof,  duly  certified  by  the  sec- 
retary of  State,  shall  be  held  and  received  in  all  cotirts 
and  other  places  as  constituting  the  agreement  of  con- 
solidation of  such  companies,  to  all  intents  and  purposes 
as  it  no  omission  ever  existed  in  such  agreement  or 
the   certificate   thereto. 

Repeal.     §  2.    That  said  original  S  9032  be  and  the  s{.j 
is  hereby   repealed. 

Passed  May  19,  1910;   approved  May  20,  1910. 


the  B{.mo 


CONDEM.NATION    BY    .STKKET    HAILWAY8. 

Be  it  enacted,  etc.: 

Appropriation  of  property.  §  1.  That  Si  91J9  of  the  i;en- 
eral   code  be  amended   so   as  to   read   as   follows: 

§  9119.  Street,  interurban  or  suburban  railroads  ui  ing 
other  than  steam  as  motive  power,  when  necessary,  iiay 
enter  uixm  and  use  private  property  in  the  construction, 
alteration  and  operation  of  its  road,  or  any  part  thereof, 
and  for  such  purposes  shall  have  all  of  the  rights  xnd 
powers  of  appropriation,  outside  of  municipalities,  hat 
steam  railroad   companies  possess. 

§  2.  That  said  original  §  9119  of  the  general  <ode 
be    and    the    same    is   hereby   repealed. 

Passed  May  10,  1910;  approved  May  20,  1910. 


I 


ADDITION.iL    RAILROAD    TRACKS. 

Be  it  enacted,  etc.: 

S   1.     That  §  8745  of  the  general  code  be  amendeSi' 
as  to  read  as  follows: 

Six  main  tracks.  §  8745.  Any  railroad  company  nay 
maintain  and  operate,  or  construct,  maintain  and  op<  rat€ 
a  railroad,  with  such  main  tracks,  not  exceeding  six, 
and  such  sidetracks,  turnouts,  offices,  depots,  roundhoi  seS; 
machine  shops,  water  tanks,  telegraph  lines  and  c  her 
necessary  appliances,  as  it  deems  necessary,  heU  eet 
the  points  named  in  its  articles  of  incorporation,  om. 
mencing  at  or  within,  and  extending  to,  or  into  any  ?ity 
village   or    place   named    as    a   terminus   of   its   road. 

Repeal.  §2.  That  said  original  §8745  of  the  gei  (  ra 
code   be   and   the   same   is   hereby   repealed. 

Passed   May   10,    1910;    approved   May    20,   1910.      ^_ 

SALE    OF   EQUIPMENT — 1910.  '  SP 

Be  it  enacted,  etc.: 

§  1.  That  §  9063  of  the  general  code  be  and  th"i 
same  is  hereby  amended  so  as  to  read  as  follows: 

Sale  of  equipment.  §  9063.  The  provisions  of  th' 
U  9060,  9061  and  90C2  of  the  general  code  shall  e:;tenc 
and  apply,  not  only  to  contracts  made  with  a  railroa' 
company,  as  vendee  or  lessee,  but  also  to  all  contract 
which  may  be  made  with  any  interurban  or  street  ral 
road  company  or  corporation,  or  other  company,  col  port 
tion  or  person,  as  vendee  or  lessee,  by  which  any  sue 
interurban  or  street  railroad  company,  or  corporitioi 
company  or  person  shall  undertake  to  purchase,  ren 
lease  or  hire  any  railroad,  interurban  or  street  railroa 
equipment,  cars,  rolling  stock,  or  other  personal  propert; 
designed  for  use  on,  or  in  connection  with,  a  railroa 
or  railroads,  interurban  or  street  railroad  or  rallrosda  1 
this  or  other  States. 

Repeal.  §  2.  That  said  original  S  9063  of  the  generi 
code  be  and  the  same  is  hereby  repealed. 

Passed  May  10.  1910;  approved  May  20,  1910. 


Public  Service  Laws 


1101 


BLOCKING   OP  FROGS. 

Be  it  enacted,  etc.: 

§  1.  That  §  9009  of  the  general  code  be  amended  and 
supplemented  to  read   as  follows: 

Blocking  of  frogs.  §  9009.  Every  railroad  corporation 
operating  a  railroad  or  part  of  a  railroad  within  this 
State  shall  adjust,  fill  or  block  all  angles  in  frogs, 
switches  and  crossings  on  its  roads  and  in  its  yards, 
divisional  and  terminal  stations  where  trains  are  made 
up  with  sheet  steel,  wrought  or  malleable  iron  or  other 
metallic  appliances,  which  shall  be  so  placed  and  be  of 
such  design  as  will  prevent  the  wedging  of  the  feet  of 
employes  and  other  persons  in  such  angles  and  all  such 
appliances  or  devices  shall,  before  installation,  be  ap- 
proved   by    the    State    railroad    commission. 

Penalty.  S  9009-1.  Whoever,  owning,  operating  or  con- 
trolling a  railroad  fails  to  comply  with  the  provisions 
of  the  next  preceding  section,  shall  be  subject  to  a 
penalty  of  $25  for  each  and  every  day  of  such  failure, 
to  be  recovered  in  a  civil  action  in  the  name  of  the 
State,  and  i>aid  into  the  State  treasury. 

Repeal,  i  2.  That  said  original  §  9009  is  hereby  re- 
pealed. 

In  efject  September  I.  t'.UI).  S  3.  This  Act  shall  take 
effect  and  be  in  force  from  and  after  September  1,  1910. 

Passed    May   10,    1910;    approved    Hay    20,    1910. 

RTHEET  RAILWAY   HK.VKES. 

Be  it  enacted,  etc.: 

Power  hrakes.  §9149-1.  (§1.)  That  from  and  after 
January  1,  1913,  it  shall  be  unlawful  in  the  State  of 
Ohio  for  any  corporation,  company,  person  or  persons, 
owning  or  controlling  the  same,  to  operate,  use  or  run 
or  permit  to  be  run,  used  or  operated  for  carrying  pas- 
sengers or  freight  en  an  urban  or  interurban  railroad  or 
street  car  line,  any  car  propelled  by  electricity,  not 
equipped,  in  addition  to  the  hand  brake  in  use  on  such 
car,  with  an  air  or  electric  power  brake  or  apparatus, 
capable  of  applying  to  all  the  brake  shoes  and  wheels 
of  such  car  a  maximum  permissable  braking  pressure, 
and  of  automatically  reducing  such  braking  pressure, 
as  the  speed  of  the  car  decreases.  Fifty  per  cent  of  such 
cars  to  be  so  equipped  prior  to  January  1,  1911,  and  75 
per  cent  prior  to  January  1,  1912.  It  shall  be  the  duty 
of  the   railroad   commission   of  Ohio   to  enforce   this   Act. 

Penalty.  §9149-2.  (§2.)  Any  corporation,  company, 
person  or  persons  operating,   using  or   running  any  car, 


or  permitting  any  car  to  be  operated,  used  or  run,  in 
violation  of  any  of  the  provisions  of  this  Act,  shall  be 
liable  to  a  penalty  of  |100  for  each  such  violation,  to  be 
recovered  in  a  suit  or  suits  which  it  shall  be  the  duty 
of  the  prosecuting  attorney  of  any  county  where  such 
violation  shall  have  been  committed  to  prosecute  such 
suit  or  suits  to  be  brought  by  such  prosecuting  attorney 
upon  verified  information  being  lodged  with  him  of  such 
violation  having   occurred. 

Passed    May   10,   1910;    approved  May   13,   1910. 

CABOOSES. 

Be  it  enacted,  etc.: 

§  1.  That  §  8956  of  the  general  code  be  supple- 
mented  by  the  enactment   of   §§   8956-1   and   8956-2. 

Construction  of  caboose  cars.  §  8956-1.  It  shall  be  un- 
lawful, from  and  after  the  first  day  of  September,  1910, 
for  any  common  carrier  operating  a  railroad,  in  whole 
or  in  part,  within  this  State,  or  any  manager  or  super- 
intendent thereof,  to  require  or  permit  the  use,  within 
this  State  upon  such  railroad,  of  any  caboose  car,  or 
other  car  used  for  like  purpose,  which  is  not  provided 
with  a  door  in  each  end  thereof  and  an  outside  plat- 
form across  each  end  of  such  car;  each  platform  shall 
not  be  less  than  24  inches  in  width  and  shall  be  equipped 
with  proper  guard  rails,  and  with  grabirons  and  steps 
for  the  safety  of  persons  getting  on  and  off  said  car. 
Said  steps  shall  be  equipped  with  a  suitable  rod,  board 
or  ether  guard  at  each  end  and  at  the  back  thereof, 
properly  designed  to  prevent  slipping  from  such  step. 
But  nothing  herein  provided  shall  effect  the  right  of 
any  railroad  to  operate  a  caboose  car  now  constructed  or  in 
use  having  the  platforms  each  not  less  than  20  inches 
in  width  and  equipped  with  the  other  appliances,  as 
herein  provided.  The  railroad  commission  is  hereby 
authorized  to  grant  to  any  common  carrier,  upon  full 
hearing  and  for  good  cause  shown,  a  reasonable  ex- 
tension of  time  in  which  to  comply  with  the  provisions 
of  this  Act;  provided,  that  in  no  case  shall  such  ex- 
tension or  extensions  in  the  aggregate  exceed  the  period 
of  one  year  from  the  time  herein  limited  fcr  compliance 
with   this  Act. 

Penalty.  %  8956-2.  Any  person  or  common  carrier  vio- 
lating any  of  the  provisions  of  §  8956-1  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction  thereof, 
shal  be  fined  not  less  than  $100  nor  more  than  $500  for 
each  offense. 

Passed  April  21,  1910;  approved  April  25,  1910. 


PUBLIC  SERVICE  LAWS   OF  OKLAHOMA 


ARTICLE  IX. 
CONSTITUTION. 

CORPORATIONS — DEFINITIONS. 

Definitions.  §  1.  As  used  in  this  article,  the  term  "cor- 
poration" or  "company"  shall  include  all  associations 
and  joint  stock  companies  having  any  power  or  privi- 
leges not  possessed  by  individuals,  and  exclude  all 
municipal  corporations  and  public  institutions  owned  or 
controlled  by  the  State;  the  term  "charter"  shall  mean 
the  charter  of  Incorporation,  by  or  under  which  any 
corporation  Is  formed.  The  term  "license"  shall  mean 
the  authority  under  which  all  foreign  corporations  are 
permitted   to  transact  business  in  this  State. 

RAILROAD    AND     PUBLIC     SERVICE    CORPORATIONS. 

Right  of  carrier  to  build  and  operate.  §  2.  Every  rail- 
road, oil  pipe,  car,  express,  telephone  or  telegraph  cor- 
poration or  association  organized  or  authorized  to  do  a 
transportation  or  transmission  business  under  the  laws 
of  this  State  for  such  purpose,  shall,  each  respectively, 
have  the  right  to  construct  and  operate  its  line  between 
any  points  in  this  State,  and  as  such  to  connect  at  the 
State  line  with  like  lines;  and  every  such  company 
shall  have  the  right  with  its  road  or  line  to  intersect, 
connect  with  or  cross  any  railroad  or  such   line. 

Delay  and  discrimination  forbidden.  §  3.  Every  rail- 
road, car  or  express  company  shall  each  respectively 
receive  and  transport  without  delay  or  discrimination 
each    other's    cars,    loaded    or    empty,    tonnage    and    pas- 


sengers, under  such  rules  and  regulations  as  may  be 
prescribed  by  law  or  any  commission  created  by  this 
constitution  or  by  act  of  the  legislature  for  that  purpose. 

Carriers  to  be  subject  to  corporation  commission,  §  4. 
All  oil  pipe  companies  shall  be  subject  to  the  reason- 
able control  and  regulation  of  the  corporation  com- 
mission, and  shall  receive  and  transport  each  other's 
tonnage  or  oils,  or  commodities,  under  such  rules  and 
regulations  as  shall  be  prescribed  by  law,  or  such  com- 
mission. 

Connecting  telegraph  and  telephone  lines.  §  5.  All 
telephone  and  telegraph  lines,  operated  for  hire,  shall 
each,  respectively,  receive  and  transmit  each  other's 
messages  without  delay  or  discrimination,  and  make 
physical  connections  with  each  other's  lines,  under  such 
rules  and  regulations  as  shall  be  prescribed  by  law, 
or  by  any  commission  created  by  this  constitution,  or 
any  act  of  the  legislature,   for  that  purpose. 

Railroads  declared  public  highways — Du,ties.  §  6. 
Railroads  heretofore  constructed,  or  which  may  here- 
after be  constructed  in  this  State,  are  hereby  declared 
public  highways.  Every  railroad  or  other  public  service 
corporation,  organized  or  doing  business  in  this  State, 
under  the  laws  or  authority  thereof,  shall  have  and 
maintain  a  public  office  or  place  in  this  State,  for  the 
transaction  of  its  business,  where  transfers  of  stock 
shall  be  made,  and  where  shall  be  kept,  for  Inspection 
by  the  stockholders  of  such  corporation,  books,  in  which 
shall  be  recorded  the  amount  of  capital  stock  subscribed. 


1103 


National  Association  of  Eailway  Commissioners 


llhe  names  of  the  owners  of  stock,  the  amounts  owned 
by  them,  respectively;  the  amount  of  stock  paid,  and 
by  whom;  the  transfer  of  said  stock,  with  the  date  of 
transfer;  the  amount  of  its  assets  and  liabilities,  and 
the  names  and  places  of  residence  of  its  officers,  and 
such  other  matters  required  by  law  or  by  order  of  the 
corporation  commission.  The  directors  of  every  railroad 
company,  or  other  public  service  corporation,  shall  hold 
at  least  one  meeting  annually  in  this  State,  public  no- 
tice of  which  shall  be  given  30  days  previously,  and 
the  president  or  superintendent  of  every  railroad  company 
and  other  public  service  corporation  organized  or  doing 
business  in  this  State  under  the  laws  of  this  State 
or  the  authority  thereof  shall  report  annually,  under 
oath,  and  make  such  other  reports  as  may  be  required 
by  law  or  order  of  the  corporation  commission,  to  said 
commission  of  their  acts  and  doings,  which  report  shall 
Include  such  matters  relating  to  railroads  and  other 
public  service  corporations  as  may  be  prescribed,  by  law. 
The  legislature  shall  pass  all  necessary  laws  enforcing, 
by  suitable  penalties,  all  th^  provisions  in  this  section. 

Rolling  stock  liable  to  execution  and  sale  as  personal 
property.  §  7.  The  rolling  stock  and  all  other  movable 
property  belonging  to  any  railroad,  transportation,  trans- 
mission or  other  public  corporation  in  this  State  shall 
be  considered  personal  property,  and  its  real  and  per- 
sonal property,  or  any  part  thereof,  shall  be  liable  to 
execution  and  sale  in  the  same  manner  as  the  property 
of  individuals;  and  the  legislature  shall  pass  no  laws 
exempting  any   such  property  from   execution   and   sale. 

Consolidation  with  competing  line  forbidden.  §  8.  No 
public  service  corporation,  or  the  lessees,  purchasers 
or  managers  thereof,  shall  consolidate  the  stock,  prop- 
erty or  franchises  of  such  corporation  with,  or  lease  or 
purchase  the  works  or  franchises  of,  or  in  any  way 
control  any  other  public  service  corporation  owning  or 
having  under  its  control  a  parallel  or  competing  line; 
except  by  enactment  of  the  legislature  upon  the  rec- 
ommendation of  the  corporation  commission:  Provided, 
however.  That  the  legislature  shall  never  enact  any 
law  permitting  any  public  service  corporation,  the 
lessees,  purchasers  or  managers  thereof,  when  such 
public  service  corporation  is  organized  under  the  laws 
of  any  other  State,  or  of  the  United  States,  to  con- 
solidate the  stock,  property  or  franchises  of  such  cor- 
poration with,  or  lease,  or  purchase  the  works  of,  fran- 
chises of  or  in  any  way  control  any  other  public  service 
corporation,  organized  under  the  laws  of  any  other 
State,  or  of  the  United  States,  owning  or  having  under 
its  control  in  this  State  a  parallel  or  competing  line; 
nor  shall  any  officer  of  such  corporation  act  as  an 
officer  of  any  other  corporation  owning  or  controlling  a 
parallel  or  competing  line. 

Consolidation  with  railroad  of  another  State.  §  9. 
Neither  shall  any  railroad  company,  transportation  com- 
pany or  transmission  company,  organized  under  the 
laws  in  this  State,  consolidate  by  private  or  judicial 
sale,  or  otherwise,  with  any  railroad  company,  trans- 
portation company  or  transmission  company  organized 
under  the  laws  of  any  other  State  or  of  the  United 
States. 

Street  railroad  not  to  operate  without  local  consent.  §  10. 
No  law  shall  be  passed  by  the  legislature  granting  the 
right  to  construct  and  operate  a  street  railroad  within 
any  city,  town  or  village,  or  upon  any  public  highway, 
without  first  acquiring  the  consent  of  the  local  au- 
thorities having  control  of  the  street  or  highway  pro- 
posed to  be  occupied  by  such  street  railroad. 

Rights  of  existing  corporations.  §  11.  No  railroad, 
transportation,  transmission  or  other  public  service  cor- 
poration, in  existence  at  the  time  of  the  adoption  of 
this  constitution,  shall  have  the  benefit  of  any  future 
legislation,  except  on  condition  of  complete  acceptance 
of  all  the  provisions  of  this  constitution,  applicable  to 
railroads,  transportation  companies,  transmission  com- 
panies and  other  public  service  corporations:  Provided, 
That  nothing  herein  shall  be  construed  as  validating 
any  charter  which  may  be  invalid,  or  waiving  any  of  the 
conditions   contained   in   any   charter. 

Common  carrier  not  to  engage  in  other  business  S  12 
No  railroad  company  shall  transport,  within  this  State 
any   article   or   commodity  manufactured,   mined   or   pro- 


duced by  It,  or  under  its  authority,  or  which  it  may 
own,  in  whole  or  in  part,  or  in  which  it  may  have  any 
interest,  direct  or  indirectly,  except  such  articles  or 
commodities  as  may  be  necessary  and  intended  for  the 
use  in  the  conduct  of  its  business  as  a  common  carrier. 
Free  transportation  forbidden— Exceptions.  §  13.  No- 
railroad  corporation  or  transportation  company  or  trans- 
mission company  shall,  directly  or  indirectly,  issue  or 
give  any  free  frank  or  free  ticket,  free  pass  or  other 
free  transportation,  for  any  use,  within  this  State,  ex- 
cept to  its  employes  and  their  families,  its  officers, 
agents,  surgeons,  physicians  and  attorneys  at  law;  to 
ministers  of  religion,  traveling  secretaries  for  railroad 
Young  Men's  Christian  Associations,  inmates  of  hospitals 
and  charitable  and  eleemosynary  institutions  and  persons 
exclusively  engaged  in  charitable  and  eleemosynary 
work:  to  indigent,  destitute  and  homeless  persons,  and 
to  such  persons  when  transported  by  charitable  societies 
or  hospitals,  and  the  necessary  agents  employed  in 
such  transportations;  to  inmates  of  the  national  hones 
or  State  homes  for  disabled  volunteer  soldiers,  and  of 
soldiers'  and  sailors'  homes,  including  those  about  to 
enter  and  those  returning  home  after  discharge,  i  nd 
boards  of  managers  of  such  homes;  to  members  of 
volunteer  fire  departments  and  their  equipage  wl  ile 
traveling  as  such;  to  necessary  caretakers  of  live  stock, 
poultry  and  fruit;  to  employes  of  sleeping  cars,  of  ex- 
press cars  and  to  linemen  of  telegraph  and  telephcne 
companies;  to  railway  mail  service  employes,  post  oflice 
inspectors,  customs  inspectors  and  immigration  insjec- 
tors;  to  newsboys  on  trains,  baggage  agents,  witnesses 
attending  any  legal  investigation  in  which  the  railn  ad 
company  or  transportation  company  is  interested,  pers(  ns 
injured  in  wrecks  and  physicians  and  nurses  attend  ng- 
such  persons:  Provided,  That  this  provision  shall  lot 
be  construed  to  prohibit  the  interchange  of  passes  'or 
the  officers,  agents  and  employes  of  common  carri  >rs 
and  their  families;  nor  to  prohibit  any  common  carri -rs 
from  carrying  passengers  free  with  the  object  of  iro- 
viding  relief  in  cases  of  general  epidemic,  pestilence  or 
other  calamitous  visitation;  nor  to  prevent  them  trim 
transporting,  free  of  charge,  to  their  places  of  empl  ty- 
ment  persons  entering  their  service,  and  the  interchai  ge 
of  passes  to  that  end,  and  any  railroad,  transportat  on 
or  transmission  company  or  any  person,  other  than  he 
persons  excepted  in  this  provision,  who  grants  or  u  es 
any  such  free  frank,  free  ticket,  free  pass  or  free  tra  is- 
portation,  within  this  State,  shall  be  deemed  guilty  of 
a  crime,  and  the  legislature  shall  provide  proper  pei  al- 
ties  for  the  violation  of  any  provisions  of  this  sect  on 
by  the  railroad  or  transportation  or  transmission  ci  m- 
pany  or  by  any  individual:  Provided,  that  noth  ng 
herein  shall  prevent  the  legislature  from  extending  th  'se 
provisions  so  as  to  exclude  such  free  transportation 
franks   from   other   persons. 


I 


Railroads  to  pass  through  county  seats — Exceptit 
§  14.  No  railroad  hereafter  constructed  in  this  St  ite 
shall  pass  within  a  distance  of  four  miles  of  any  cou  ity 
seat  without  passing  through  the  same  and  establish  ng' 
and  maintaining  a  depot  therein,  unless  prevented  by 
natural  obstacles,  such  as  streams,  hills  or  mountal  is: 
Provided,  such  town  or  its  citizens  shall  grant  the 
right-of-way  through  its  limits  and  sufficient  ground  for 
ordinary   depot  purposes. 

Corporation  commission  created.  §  15.  A  corporation 
commission  is  hereby  created,  to  be  composed  of  three 
persons,  who  shall  be  elected  by  the  people  at  a  gen<  ral 
election  for  State  officers,  and  their  terms  of  office  shal'  be 
sijf  years:  Provided,  corporation  commissioners  first 
elected  under  this  constitution  shall  hold  office  as  folio- vs: 
One  shall  serve  until  the  second  Monday  in  January,  1809; 
orte  until  the  second  Monday  in  January,  1911;  and  one 
until  the  second  Monday  in  January,  1913;  their  termi.  to 
be  decided  by  lot  immediately  after  they  shall  have  quail- 
fled.  In  case  of  a  vacancy  in  said  office,  the  governoi'  of 
the  State  shall  fill  such  vacancy  by  appointment  until 
the  next  general  election,  when  a  successor  shall  be  elected 
to  fill  out  any  unexpired  term. 

Qualifications  of  members.  §  16.  The  qualifications  of 
such  commissioners  shall  be  as  follows:  To  be  resident 
citizens  of  this  State  for  over  two  years  next  preceding  the 
election,  and   qualified  voters  under  the  constitution  and 


Public  Service  Laws 


1103 


laws,  and  not  less  than  30  years  of  age;  nor  shall  such 
commissioners,  or  either  of  them,  he,  directly  or  indirectly, 
Interested  in  any  railroad,  street  railway,  traction  line, 
canal,  steamboat,  pipe  line,  car  line,  sleeping-car  line,  car 
association,  express  line,  telephone  or  telegraph  line,  op- 
erated for  hire,  in  this  State,  or  out  of  it,  or  any  stock, 
bond,  mortgage,  security,  or  earnings  of  any  such  railroad, 
street  railway,  traction  line,  canal,  steamboat,  pipe  line, 
car  line,  sleeping-car  line,  car  association,  express  line,  tel- 
ephone or  telegraph  line,  compress  or  elevator  companies; 
and  if  such  commissioner  shall  voluntarily  become  so  in- 
terested, his  office  shall  become  vacant;  and  if  any  cor- 
poration commissioner  shall  become  so  interested  other- 
wise than  voluntarily,  he  shall,  within  a  reasonable  time, 
divest  himself  of  such  interest;  and  failing  to  do  this,  his 
office  shall  become  vacant.  Nor  shall  any  such  commis- 
sioner hold  any  other  office  under  the  government  of  the 
United  States,  or  of  this  State  or  any  other  State  govern- 
ment, and  shall  not,  while  such  commissioner,  engage  in 
any  occupation  or  business  inconsistent  with  his  duties  as 
such  commissioner. 

Oath  of  office.  §  17.  Before  entering  upon  the  duties  of 
his  office,  each  of  said  commissioners  shall  take  and  sub- 
scribe to  the  oath  of  oflice  as  prescribed  in  this  constitu- 
tion and  shall,  in  addition  thereto,  swear  that  he  is  not,  di- 
rectly or  indirectly,  interested  in  any  railroad,  street  rail- 
way, traction  line,  canal,  steamboat,  pipe  line,  car  line, 
sleeping-car  line,  car  association,  express  line,  telephone 
or  telegraph  line,  nor  in  the  bonds,  stocks,  mortgages,  se- 
curities, contract  or  earnings  of  any  railroad,  street  rail- 
way, traction  line,  canal,  steamboat,  pipe  line,  car  line, 
sleeping-car  line,  car  association,  express  line,  telephone 
or  telegraph  line;  and  that  he  will,  to  the  best  of  his 
ability,  faithfully  and  justly  execute  and  enforce  the  pro- 
visions of  this  constitution,  and  all  the  laws  of  this  State 
concerning  railroads,  street  railways,  traction  lines,  ca- 
nals, steamboats,  pipe  lines,  car  lines,  sleeping-car  lines, 
car  association,  express  lines,  telephone  and  telegraph 
lines,  compress  and  elevator  companies,  and  all  other  cor- 
porations over  which  said  commission  has  jurisdiction, 
which  oath  shall  be  filed  with  the  secretary  of  State. 

Power  and  authority  of  corporation  commission-  §  18. 
The  commission  shall  have  the  power  and  authority  and 
be  charged  with  the  duty  of  supervising,  regulating  and 
controlling  all  transportation  and  transmission  companies 
doing  business  in  this  State,  in,  all  matters  relating  to  the 
performance  of  their  public  duties  and  their  charges  there- 
for, and  of  correcting  abuses  and  preventing  unjust  dis- 
crimination and  extortion  by  such  companies;  and  to  that 
end  the  commission  shall,  from  time  to  time,  prescribe  and 
enforce  against  such  companies,  in  the  manner  herein 
after  authorized,  such  rates,  charges,  classifications  of 
traffic,  and  rules  and  regulations,  and  shall  require  them 
to  establish  and  maintain  all  such  public  service  facilities 
and  conveniences  as  may  be  reasonable  and  just,  which 
said  rates,  charges,  classifications,  rules,  regulations  and 
requirements,  the  commission  may,  from  time  to  time,  alter 
or  amend.  All  rates,  charges,  classifications,  rules  and 
regulations  adopted,  or  acted  upon,  by  any  such  company, 
Inconsistent  with  those  prescribed  by  the  commission, 
within  the  scope  of  its  authority,  shall  be  unlawful  and 
void.  The  commission  shall  also  have  the  right,  at  all 
times,  to  inspect  the  books  and  papers  of  all  transporta- 
tion and  transmission  companies  doing  business  in  this 
State,  and  to  require  from  such  companies,  from  time  to 
time,  special  reports  and  statements,  under  oath,  con- 
cerning their  business;  it  shall  keep  itself  fully  informed 
of  the  physical  condition  of  all  the  railroads  of  the  State, 
as  to  the  manner  in  which  they  are  operated,  with  refer- 
ence to  the  security  and  accommodation  of  the  public, 
and  shall,  from  time  to  time,  make  and  enforce  such  re- 
quirements, rules  and  regulations  as  may  be  necessary 
to  prevent  unjust  or  unreasonable  discrimination  and  ex- 
tortion by  any  transportation  or  transmission  company  in 
favor  of  or  against  any  person,  locality,  community,  con- 
necting line,  or  kind  of  iraMc,  in  the  matter  of  car  serv- 
ice, train  or  boat  schedule,  efficiency  of  transportation,  or 
transmission,  or  otherwise,  in  connection  with  the  public 
duties  of  such  company.  Before  the  commission  shall 
prescribe  or  fix  any  rate,  charge  or  classification  of  traffic, 
and  before  it  shall  make  any  order,  rule,  regulation,  or  re- 
quirement directed   against   any   one   or   more   companies 


by  name,  the  company  or  companies  to  be  affected  by  such 
rate,  charge,  classification,  order,  rule,  regulation  or  re- 
quirement shall  first  be  given,  by  the  commission,  at  least 
10  days'  notice  of  the  time  and  place  when  and  where  the 
contemplated  action  in  the  premises  will  be  considered  and 
disposed  of,  and  shall  be  afforded  a  reasonable  opportunity 
to  introduce  evidence  and  to  be  heard  thereon,  to  the  end 
that  justice  may  be  done,  and  shall  have  process  to  en- 
force the  attendance  of  witnesses;  and  before  said  com- 
mission shall  make  or  prescribe  any  general  order,  rule, 
regulation  or  requirement,  not  directed  against  any  spe- 
cific company  or  companies  by  name,  the  contemplated 
general  order,  rule,  regulation  or  requirement  shall  first 
be  published  in  substance,  not  less  than  once  a  week,  for 
tour  consecutive  weeks,  in  one  or  more  of  the  newspapers 
of  general  circulation  published  in  the  county  in  which 
the  capitol  of  this  State  may  be  located,  together  with 
the  notice  of  the  time  and  place,  when  and  where  the 
commission  will  hear  any  objections  which  may  be  urged 
by  any  person  interested,  against  the  proposed  order,  rule, 
regulation  or  requirement;  and  every  such  general  order, 
rule,  regulation  or  requirement,  made  by  the  commis- 
sion, shall  be  published  at  length,  for  the  time  and  in  the 
manner  above  specified,  before  it  shall  go  into  effect,  and 
shall  also,  so  long  as  it  remains  in  force,  be  published  Id 
each  subsequent  annual  report  of  the  commission.  The 
authority  of  the  commission  (subject  to  review  on  appeal 
as  hereinafter  provided)  to  prescribe  rates,  charges  and 
classifications  of  traffic,  for  transportation  and  transmis- 
sion companies,  shall,  subject  to  regulation  by  law,  be 
paramount;  but  its  authority  to  prescribe  any  other  rules, 
regulations  or  requirements  for  corporations  or  other  per- 
sons shall  be  subject  to  the  superior  authority  of  the 
legislature  to  legislate  thereon  by  general  laws;  provided, 
however,  that  nothing  in  this  section  shall  impair  the 
rights  which  have  heretofore  been,  or  may  hereafter  be, 
conferred  by  law  upon  the  authorities  of  any  city,  town  or 
county  to  prescribe  rules,  regulations  or  rates  of  charges 
to  be  observed  by  any  public  service  corporation  in  con- 
nection with  any  services  performed  by  it  under  a  mu- 
nicipal or  county  franchise  granted  by  such  city,  town  or 
county,  so  far  as  such  services  may  be  wholly  within  the 
limits  of  the  city,  town  or  county  granting  the  franchise. 
Upon  the  request  of  the  parties  interested,  it  shall  be  the 
duty  of  the  commission,  as  far  as  possible,  to  effect,  by 
mediation,  the  adjustment  of  claims  and  the  settlement  of 
controversies  between  transportation  or  transmission  com- 
panies and  their  patrons  or  employes. 

Organization—Quorum.  S  18a.  The  corporation  com- 
mission shall  organize  by  electing  one  of  Its  members 
chairman  and  appointing  a  secretary,  whdse  salary 
shall  be  fixed  by  the  legislature.  A  majority  of  said  com- 
mission shall  constitute  a  quorum,  and  the  concurrence 
of  the  majority  of  said  commission  shall  be  necessary  to 
decide   any   question. 

Term  "company"  defined.  %  18b.  As  used  in  this 
article,  the  term  "company"  shall  include  associations 
and  joint  stock  companies  having  any  power  or  privi- 
leges not  possessed  by  individuals,  and  includes  all  cor- 
porations except  municipal  corporations  and  public  in- 
stitutions owned  or  controlled  by  the  State. 

Commission  to  be  a  court  of  recor<^  etc.  §  19.  In  all  mat- 
ters pertaining  to  the  public  visitation,  regulation  or  con- 
trol of  corporations,  and  within  the  jurisdiction  of  the 
commission,  it  shall  have  the  powers  and  authority  of  a 
court  of  record,  to  administer  oaths,  to  compel  the  at- 
tendance of  witnesses,  and  the  production  of  papers, 
to  punish  for  contempt  any  person  guilty  of  disrespectful 
or  disordeily  conduct  in  the  presence  of  the  commission 
while  in  session,  and  to  enforce  compliance  with  any 
of  its  lawful  orders  or  requirements  by  adjudging,  and 
by  enforcing  its  own  appropriate  process,  against  the 
delinquent  or  offending  party  or  company  (after  it  shall 
have  been  first  duly  cited,  proceeded  against  by  due  pro- 
cess of  law  before  the  commission  sitting  as  a  court,  and 
afforded  opportunity  to  introduce  evidence  and  to  be 
heard,  as  well  as  against  the  validity,  justness  or  rea- 
sonableness of  the  order  or  requirement  alleged  to  have 
been  violated,  as  against  the  liability  of  the  company 
for  the  alleged  violation),  such  fines  or  other  jjenalties 
as  may  be  prescribed  or  authorized  by  this  constitution 
or   by    law.     The    commission    may   be   vested    with    such 


1104 


National  Association  of  Eailway  Commissioners 


additional  powers  and  charged  with  such  other  duties 
(not  inconsistent  with  this  constitution)  as  may  be 
prescribed  by  law,  in  connection  with  the  visitation, 
regulation,  or  control  of  corporations,  or  with  the  pro- 
scribing and  enforcing  of  rates  and  charges  to  be  ob- 
served in  the  conduct  of  any  business  where  the  State 
has  the  right  to  prescribe  the  rates  and  charges  in 
connection  therewith,  or  with  the  assessment  of  the  prop- 
erty of  corporations,  or  the  appraisement  of  their  fran- 
chises, for  taxation,  or  with  the  investigation  of  the 
subject  of  taxation  generally.  Any  corporation  failing 
Or  refusing  to  obey  any  valid  order  or  requirement  of 
the  commission,  within  reasonable  time,  not  less  than 
10  days,  as  shall  be  fixed  in  the  order,  may  be  fined 
by  the  commission  (proceeding  by  due  process  of  law 
as  aforesaid)  such  sum,  not  exceeding  $500,  as  the  com- 
mission may  deem  proper,  or  such  sum  in  excess  of  $500 
as  may  be  prescribed  or  authorized  by  law;  arid  each 
day's  continuance  of  such  failure  or  refusal,  after  due 
service  upon  such  corporation  of  the  order  or  require- 
ment of  the  commission,  shall  be  a  separate  offense: 
Provided,  that  should  the  oi)eration  of  such  order  or 
requirement  be  suspended,  pending  any  appeal  therefrom, 
the  period  of  such  suspension  shall  not  be  computed 
against  the  company  in  the  matter  of  its  liability  to  fines 
or  penalties. 

Appeal  from  action  of  corporation  commission.  §  20. 
From  any  action  of  the  commission  prescribing  rates, 
charges,  or  classifications  of  traffic,  or  affecting  the 
train  schedule  of  any  transportation  company,  or  re- 
quiring additional  facilities,  conveniences,  or  public 
service  of  any  transportation  or  transmission  company, 
or  refusing  to  approve  a  suspending  bond,  or  requiring 
additional  security  thereon  or  an  increase  thereof,  as 
hereinafter  provided  for,  an  appeal  (subject  to  such 
reasonable  limitations  as  to  time,  regulations  as  to  pro- 
cedure and  provisions  as  to  cost,  as  may  be  prescribed 
by  law)  may  be  taken  by  the  corporation  whose  rates, 
charges,  or  classifications  of  traffic,  schedule,  facilities, 
conveniences  or  service  are  affected,  or  by  any  perso'i 
deeming  himself  aggrieved  by  such  action,  or  (if  allowed 
by  law)  by  the  State.  Until  otherwise  provided  by  law, 
such  appeal  shall  be  taken  in  the  manner  in  which  ap- 
peals may  be  taken  to  the  Supreme  Court  from  the 
District  Courts,  except  that  such  an  appeal  shall  be  of 
right,  and  the  Supreme  Court  may  provide  by  rule  for 
proceedings  in  the  matter  of  appeals  in  any  particular 
in  which  the  existing  rules  of  law  are  inapplicable,  (f 
such  appeal  be  taken  by  the  corporation  whose  rates, 
charges,  or  classifications  of  traffic,  schedules,  facilities, 
conveniences  or  service  are  affected,  the  State  shall  be 
made  the  appellee;  but,  in  the  other  cases  mentioned, 
the  corporation  so  affected  shall  be  made  the  appellee. 
The  legislature  may  also,  by  general  laws,  provide  for 
appeals  from  any  other  action  of  the  commission  by 
the  State,  or  by  any  person  interested,  irrespective  of 
the  amount  involved.  All  appeals  from  the  commission 
shall  be  to  the  Supreme  Court  only,  and  in  all  appeals 
to  which  the  State  is  a  party  it  shall  be  represented 
by  the  attorney-general  or  his  appointed  representative. 
No  court  of  this  State  (except  the  Supreme  Court,  by 
way  of  appeals  as  herein  authorized)  shall  have  juris- 
diction to  review,  raverse,  correct,  or  annul  any  action 
of  the  commission  within  the  scope  of  its  authority, 
or  to  suspend  or  delay  the  execution  or  operation  thereof, 
or  to  enjoin,  restrain,  or  interfere  with  the  commission 
In  the  performance  of  its  official  duties:  Provided, 
however,  that  the  writ  of  mandamus  and  prohibition 
shall  lie  from  the  Supreme  Court  to  the  commission  in 
all  cases  where  such  writs,  respectively,  would  lie  to 
any  inferior  court  or  officer. 

Supersedeas.  §  21.  Upon  the  granting  of  an  appeal,  a 
writ  of  supersedeas  may  be  awarded  by  the  Supreme 
Court,  suspending  the  operation  ot  the  action  appealed 
from  until  the  final  disposition  of  the  appeal;  but,  prior 
to  the  final  reversal  thereof  by  the  Supreme  Court,  no 
action  of  the  commission  prescribing  or  affecting  the 
rates,  charges,  or  classifications  of  traffic  ot  any  trans- 
portation or  transmission  company  shall  be  delayed,  or 
Suspended,  In  its  operation,  by  reason  of  any  appeal  by 
Buch  corporation,  or  by  reason  of  any  proceeding  re- 
sulting from  such  appeal,  until  a  suspending  bond 
•shall    first   have    been   executed   and    filed   with    and   ap- 


proved by  the  commission  (or  approved,  on  review,  by 
the  Supreme  Court),  payable  to  the  State,  and  sufficient 
in  amount  and  security  to  insure  the  prompt  refunding, 
by  the  appealing  corporation  to  the  parties  entitled 
thereto,  of  "all  charges  which  such  company  may  collect 
or  receive,  pending  the  appeal,  in  excess  ot  those  fixed,  or 
authorized,  by  the  final  decision  of  the  court  on  appeal. 
The  commission,  upon  execution  of  such  bond,  shall 
forthwith  require  the  appealing  company,  under  penalty 
of  the  immediate  enforcement  (pending  the  appeal  and 
notwithstanding  any  supersedeas),  of  the  order  or  re- 
quirement appealed  from,  to  keep  such  accounts,  and  to 
make  to  the  commission,  from  time  to  time,  such  reports, 
verified  by  oath,  as  may,  in  the  judgment  of  the  com- 
mission, suffice  to  show  the  amounts  being  charged  or 
received  by  the  company,  pending  the  appeal,  in  excess 
of  the  charge  allowed  by  the  action  of  the  commission 
appealed  from,  together  with  the  names  and  addresses 
of  the  persons  to  whom  such  overcharges  will  be  refund- 
able in  case  the  charges  made  by  the  company,  pendins 
the  appeal,  be  not  sustained  on  such  appeal;  and  tho 
commission  shall  also,  from  time  to  time,  require  such 
company,  under  like  penalty,  to  give  additional  security 
on,  or  to  increase  the  said  suspending  bond,  whenevei, 
in  the  opinion  of  the  commission,  the  same  may  be  nec- 
essary to  insure  the  prompt  refunding  of  the  over- 
charges aforesaid.  Upon  the  final  decision  of  such  aj 
peal,  all  amounts  which  the  appealing  company  ma/ 
have  collected,  pending  the  appeal,  in  excess  of  that 
authorized  by  such  final  decision,  shall  be  promptly  re- 
funded by  the  company  to  the  parties  entitled  thereto, 
in  such  manner  and  through  such  methods  of  distribution 
as  may  be  prescribed  by  the  commission,  or  by  law . 
All  such  appeals,  affecting  rates,  charges,  or  classif- 
cations  of  traffic,  shall  have  precedence  upon  the  docket 
of  the  Supreme  Court,  and  shall  be  heard  and  disposeil 
of  promptly  by  the  court,  irrespective  of  its  place  o; 
session,  next  after  the  habeas  corpus,  and  State  cases  a  - 
ready  on   the   docket  of  the  court. 

Jurisdiction  of  Supreme  Court  on  appeal.  §  22.  In  ||] 
case  of  appeal  from  the  commission,  shall  any  new  Or 
additional  evidence  be  introduced  in  the  Supreme  Court ; 
but  the  chairman  of  the  commission,  under  the  seal  <>C 
the  commission,  shall  certify  to  the  Supreme  Court  tf  j 
the  facts  upon  which  the  action  appealed  from  wla 
based  and  which  may  be  essential  for  the  proper  deoj 
sion  of  the  appeal,  together  with  such  of  the  evidenji 
introduced  before  or  considered  by  the  commission  t4 
may  be  selected,  specified,  and  required  to  be  certifier  ; 
by  any  party  in  interest,  as  well  as  such  other  evidenoJ' 
so  introduced  or  considered,  as  the  commission  may  deei  j 
proper  to  certify.  The  commission  shall,  whenever  a  l 
appeal  is  taken  therefrom,  file  with  the  record  of  th ; 
case,  and  as  a  part  thereof,  a  written  statement  of  th  i 
reasons  upon  which  the  action  appealed  from  was  baseil, 
and  such  statement  shall  be  read  and  considered  by  tl-J 
Supreme  Court,  upon  disposing  of  the  appeal.  T^e 
Supreme  Court  shall  have  jurisdiction,  on  such  appeal,  to 
consider  and  determine  the  reasonableness  and  just- 
ness of  the  action  of  the  commission  appealed  from,  i  s 
well  as  any  matter  arising  under  such  appeal:  Provide], 
however,  that  the  action  of  the  commission  appeal<  d 
from  shall  be  regarded  as  prima  facie  just,  reasonab  e 
and  correct;  but  the  court  may,  when  it  deems  necessar.. 
in  the  interest  of  justice,  remand  to  the  commission  ai  y 
case  appending  on  appeal,  and  require  the  same  to  1  i> 
further  Investigated  by  the  commission,  and  reported  up(  n 
to  the  court  (together  with  a  certificate  of  such  addition  1 1 
evidence  as  may  be  tendered  before  the  commission  liy 
any  party  in  Interest),  before  the  appeal  Is  finally  de- 
cided. 

Supreme  Court  to  make  substitute  order,  upon  reversal, 
5  23.  Whenever  the  court,  upon  appeal,  shall  reverse 
an  order  of  the  commission  affecting  the  rates,  charges, 
or  the  classifications  of  traffic  of  any  transportation  or 
transmission  company,  it  shall,  at  the  same  time,  substi- 
tute therefor  such  orders  as,  in  its  opinion,  the  com- 
mission should  have  made  at  the  time  of  entering  the 
order  appealed  from;  otherwise  the  reversal  order  shall 
not  be  valid.  Such  substituted  order  shall  have  the 
same  force  and  effect  (and  none  other)  as  if  it  had 
been  entered  by  the  commission  at  the  time  the  original 
order    appealed    from    was    entered.      The    right    of    the 


Public  Service  Laws 


1105 


commission  to  prescribe  and  enforce  rates,  charges, 
classifications,  rules  and  regulations  affecting  any  or  all 
actions  of  the  commission  theretofore  entered  by  it 
and  appealed  from,  but  based  upon  circumstances 
or  conditions  different  from  those  existing  at  the  time  the 
order  appealed  from  was  made,  shall  not  be  suspended 
or  impaired  by  reason  of  the  pendency  of  such  appeal; 
but  no  order  of  tlie  commission,  prescribing  or  altering 
such  rates,  charges,  classifications,  rules,  or  regulations, 
shall  be  retroactive. 

Remedies  to  6e  cumulative.  %  24.  The  right  of  any 
person  to  institute  and  prosecute  in  the  ordinary  courts 
of  justice,  any  action,  suit,  or  motion  against  any  trans- 
portation or  transmission  company,  for  any  claim  or 
cause  of  action  against  such  company,  shall  not  be  ex- 
tinguished or  impaired,  by  reason  of  any  fine  or  other 
penalty  which  the  commission  may  impose,  or  be  author- 
ized to  impose,  upon  such  company  because  of  its 
breach  of  any  public  duty,  or  because  of  its  failure  to 
comply  with  any  order  or  requirement  of  the  commission; 
but,  in  no  such  proceeding  by  any  person  against  such 
corporation,  nor  in  any  collateral  proceeding  shall  the 
reasonableness,  justness  or  validity  of  any  rate,  charge, 
classification  of  traffic,  rule,  regulation,  or  requirement, 
theretofore  prescribed  by  the  commission,  within  tho 
scope  of  its  authority,  and  then  in  force,  be  questioned. 
Provided,  however,  that  no  case  based  uiJon  or  involving 
any  order  of  the  commission  shall  be  heard  or  disposed 
of,  against  the  objection  of  either  party,  so  long  as 
such  order  is  suspended  In  its  operation  by  an  order  of 
the  Supreme  Court  as  authorized  by  this  constitution 
or  by  any  law  passed  in  pursuance  thereof. 

Reports  of  commission.  §  25.  The  commission  shall 
make  annual  reports  to  the  governor  of  its  proceedings. 
In  which  reports  it  shall  recommend,  from  time  to  time, 
such  new  or  additional  legislation  in  reference  to  its 
powers  or  duties,  or  the  creation,  supervision,  regulation 
or  control  of  corporations,  or  to  the  subject  of  taxation, 
as  it  may  deem  wise  or  expedient  or  as  may  be  re- 
quired  by   law. 

Railroad  to  provide  stations.  §  26.  It  shall  be  the 
duty  of  each  and  every  railway  company,  subject  to  the 
provisions  herein,  to  provide  and  maintain  adequate, 
comfortable  and  clean  depots,  and  depot  buildings,  at 
its  several  stations,  for  the  accommodation  of  passengers, 
and  said  depot  buildings  shall  be  kept  well  lighted  and 
warmed  for  the  comfort  and  accommodation  of  the  trav- 
eling public;  and  all  such  roads  shall  keep  and  maintain 
adequate  and  suitable  freight  depots  and  buildings  for 
the  receiving,  handling,  storing  and  delivering  of  all 
freight  handled  by  such  roads. 

Interlocking  plants  at  crossings.  §  27.  In  case  any 
railroad  company  shall  hereafter  seek  to  cross  at  grade 
with  its  track  or  tracks  the  track  or  tracks  of  another 
railroad,  the  railroad  seeking  to  cross  at  grade,  within 
a  reasonable  time,  shall  be  compelled  to  interlock  or 
protect  such  crossings  by  safety  devices,  to  be  designated 
by  the  commission,  and  all  costs  of  appliance,  together 
with  the  expense  of  putting  them  in,  shall  be  borne 
equally  by  each  company:  Provided,  that  this  Act 
shall  not  apply  to  crossings  of  sidetracks. 

Commission's  right  of  visitation.  §  28.  The  commlB- 
sloners,  or  either  of  them,  or  such  persons  as  they  may 
employ  therefor,  shall  have  the  right,  at  such  times 
as  they  may  deem  necessary,  to  inspect  the  books  and 
papers  of  any  railroad  company  or  other  public  service 
corporation,  and  to  examine  under  oath,  any  offlcer, 
agent  or  employe  of  such  corporations  in  relation  to 
the  business  ana  affairs  of  the  same.  If  any  railroad 
company  or  other  public  service  corporation  shall  refuse 
to  permit  the  commisioners,  or  either  of  them,  or  any 
person  authorized  thereto,  to  examine  its  books  and 
papers,  such  railroad  company  or  other  public  service 
CorjKiration  shall,  until  otherwise  provided  by  law,  for 
each  offense,  pay  to  the  State  of  Oklahoma  not  less 
than  $125,  nor  more  than  $500,  for  each  day  it  shall 
Bo  fail  or  refuse,  and  the  offlcer  or  other  person  so  re- 
fusing shall  be  punished  as  the  law  shall  prescribe. 

Commission  to  ascertain  cost  and  value  of  equipment, 
etc.  §  29.  The  commission  shall  ascertain,  and  enter  of 
record,  the  same  to  be  a  public  record,  as  early  as  prac- 
ticable,   the    amount   of   money    expended    in   construction 


and  equipment  per  mile  of  every  railroad  and  other 
public  service  corporation  in  Oklahoma,  the  amount  of 
money  expended  to  procure  the  right  of  way,  and  the 
amount  of  money  it  would  require  to  reconstruct  the  road- 
bed, track,  depots,  and  transportation  facilities,  and  to  re- 
place all  the  physical  properties  belonging  to  the  railroad 
or  other  public  service  corporation.  It  shall  also  as- 
certain the  outstanding  bonds,  debentures,  and  indebted- 
ness, and  the  amount,  respectively,  thereof,  when  is- 
sued, and  rate  of  interest,  when  due,  tor  what  purposes 
Issued,  how  used,  to  whom  issued,  to  whom  sold,  and 
the  price  in  cash,  property,  or  labor,  if  any,  received 
therefor,  what  became  of  the  proceeds,  by  whom  the 
indebtedness  is  held,  the  amount  purporting  to  be  due 
thereon,  the  floating  indebtedness  of  the  company,  to 
whom  due,  and  his  address,  the  credits  due  on  it,  tha 
property  on  hand  belonging  to  the  railroad  company 
or  other  public  service  corporation,  and  the  judicial 
or  other  sales  of  said  road,  its  property  or  franchises, 
and  the  amounts  purporting  to  have  been  paid,  and  in 
what  manner  paid  therefor.  The  commision  shall  also 
ascertain  the  amounts  paid  for  salaries  to  the  officers 
of  the  railroad,  or  other  public  service  corporation,  and 
the  wages  paid  its  employes.  For  the  purpose  in  this 
section  named,  the  commission  may  employ  experts  to 
assist  them  when  needed,  and  from  time  to  time,  as  the 
Information  required  by  this  section  is  obtained,  it  shall 
communicate  the  same  to  the  attorney-general  by  report, 
and  file  a  duplicate  thereof  with  the  State  examiner 
and  inspector  for  public  use,  and  S'aid  information  shall 
be  printed  from  time  to  time,  in  the  annual  report  of 
the  commission. 

Long  and  short  haul.  §  30.  No  transportation  or  trans- 
mission company  shall  charge  or  receive  any  greater 
compensation,  in  the  aggregate,  for  transporting  the 
same  class  of  passengers  or  property,  or  for  transmitting 
the  same  class  of  messages,  over  a  shorter  than  a  longer 
distance,  along  the  same  line  and  in  the  same  direction — 
the  shorter  being  included  in  the  longer  distance;  but 
this  section  shall  not  be  construed  as  authorizing  any 
such  company  to  charge  or  receive  as  great  compensa- 
tion for  a  shorter  as  for  a  longer  distance.  The  com- 
mission may,  from  time  to  time,  authorize  any  such 
company  to  disregard  the  foregoing  provisions  of  this 
section,  by  charging  such  rates  as  the  commission  may 
prescribe  as  just  and  equitable  between  points  or  local- 
ities, or  where  the  competition  of  points  located  without 
this  State  may  make  necessary  the  prescribing  of  special 
rates  for  the  protection  of  the  commerce  of  this  State; 
but  this  section  shall  not  apply  to  mileage  tickets,  or 
to  any  special  excursion  or  commutation  rates,  or  to 
special  rates  for  services  rendered  to  this  State,  or  to 
the  United  States,  or  in  the  interest  of  some  public  ob- 
ject, when  such  tickets  or  rates  shall  have  been  pre- 
scribed or  authorized   by  the  commission. 

Foreign  corporation  not  to  condemn  land.  §  31.  No 
railroad,  oil  pipe  line,  telephone,  telegraph,  express  or 
car  corporation  organized  under  the  laws  of  any  other 
State,  or  of  the  United  States,  and  doing  business  of 
proposing  to  do  business  In  this  State,  shall  be  entitled 
to  the  benefit  of  the  right  of  eminent  domain  in  this 
State  until  it  shall  have  become  a  body  corporate  pur- 
suant to  or  in  accordance  with  the  laws  of  this  State. 

Commission  to  investigate  through  rates,  etc.  §  32.  The 
said  commission  shall  have  power,  and  it  is  hereby 
made  its  duty,  to  investigate  all  through  freight  or 
passenger  rates  on  railroads  in  this  State,  and  when 
the  same  are,  in  the  opinion  of  the  commission,  ex- 
cessive or  levied  or  laid  in  violation  of  the  interstate 
commerce  law,  or  the  rules  and  regulations  of  the 
Interstate  Commerce  Commission,  the  proper  officials 
of  the  railroads  are  to  be  notified  of  the  facts  and  re- 
quested to  reduce  them  or  make  the  proper  corrections, 
as  the  case  may  be.  When  the  rates  are  not  changed, 
or  the  proper  corrections  are  not  made  according  to  the 
request  of  the  commission,  it  shall  be  the  duty  of  the 
latter  to  notify  the  Interstate  Commerce  Commission  and 
to  make  proper  application  to  it  for  relief,  and  the 
attorney-general  or  such  other  persons  as  may  be  desig- 
nated by  law  shall  represent  the  commission  in  all  such 
matters.  , 

Switch  tracks.     §  33.   Any    person,  firm  or  corporation 


llOti 


National  Association  of  Eailway  Commissioners 


owning  or  operating  any  coal,  lead,  iron  or  zinc  mine, 
or  any  saw  mill,  grain  elevator  or  other  industry,  when- 
ever the  commission  shall  reasonably  determine  that 
the  amount  of  business  is  sufficient  to  justify  the  same, 
near  or  within  a  reasonable  distance  of  any  track,  may, 
at  the  expense  of  such  person,  firms  or  corporation  build 
and  keep  in  repair  a  switch  leading  from  such  railroad 
to  such  mine,  saw  mill,  elevator  or  other  industry; 
such  railroad  company  shall  be  required  to  furnish  the 
switch  stand  and  frog  and  other  necessary  material 
for  making  connection  with  such  side  track  or  spur 
under  such  reasonable  terms,  conditions  and  regulations 
as  the  said  commission  may  prescribe,  and  shall  make 
connection  therewith.  The  party  owning  such  line,  saw 
mill,  elevator  or  other  industry  shall  pay  the  actual 
cost  thereof.  If  any  railroad  company,  after  proper  de- 
mand therefor  is  made,  shall  refuse  to  furnish  said 
material  for  making  said  connection  and  put  the  same 
in  place,  or  after  the  building  of  such  switch,  shall  fail 
or  refuse  to  operate  the  same,  such  railroad  company 
failing  and  refusing  for  a  reasonable  time  shall  forfeit 
and  pay  to  the  party  or  corporation  aggrieved  the  sum 
of  $500  for  each  and  every  offense,  to  be  recovered  by 
civil  action  in  any  court  of  competent  jurisdiction;  and 
€very  day  of  such  refusal  on  the  part  of  the  railroad 
company  to  operate  such  switch  as  aforesaid,  after  such 
demand   is  made,  shall  be  deemed  a  separate  offense. 

Terms  "transportation  company,  etc..  defined.  §  34.  As 
used  in  this  article,  the  term  "transixjrtation  company" 
shall  include  any  company,  corporation,  trustee,  receiver 
or  any  other  person  owning,  leasing  or  operating  for 
hire  a  railroad,  street  railway,  canal,  steamboat  line 
and  also  any  freight  car  company,  car  association,  ex- 
press company,  sleeping  car  company,  car  corporation 
or  company,  trustee  or  person  in  any  way  engaged  In 
such  business  as  a  common  carrier  over  a  route  ac- 
quired in  whole  or  in  part  under  the  right  of  eminent 
domain,  or  under  any  grant  from  the  government  of  the 
United  States;  the  term  "rate"  shall  be  construed  to 
mean  rate  of  charge  for  any  service  rendered,  or  to 
be  rendered;  the  terms  "rate,"  "charge"  and  "regulation," 
shall  include  joint  rates,  joint  charges  and  joint  regula- 
tions, respectively;  the  term  "transmission  company"  shall 
include  any  company,  receiver  or  other  person,  owning, 
leasing  or  operating  for  hire  any  telegraph  or  telephone 
line;  the  term  "freight"  shall  be  construed  to  mean  any 
property  transported  or  received  for  transportation,  by 
any  transportation  company.  The  term  "public  service 
corporation"  shall  include  all  transportation  and  trans- 
mission companies,  all  gas,  electric  light,  heat  and 
power  companies,  and  all  persons  authorized  to  exercise 
the  right  of  eminent  domain,  or  to  use  or  occupy  any 
right  of  way,  street,  alley  or  public  highway,  whether 
along,  over  or  under  the  same,  in  a  manner  not  per- 
mitted to  the  general  public;  the  term  "person,"  as 
used  in  this  article,  shall  include  individuals,  partner- 
ships and  corporations,  in  the  singular  as  well  as  plural 
number;  the  term  "bond"  shall  mean  all  certificates  or 
written  evidences  of  indebtedness  issued  by  any  cor- 
poration and  secured  by  mortgage  or  trust  deed.  The 
term  "frank"  shall  mean  any  writing  or  token  issued  by 
or  under  authority  of  a  transmission  company,  entitling 
the  holder  to  any  service  from  such  company  free  of 
charge. 

The  provisions  of  this  article  shall  always  be  so 
restricted  in  their  application  as  not  to  conflict  with 
any  of  the  provisions  of  the  Constitution  of  the  United 
States,  and  ^s  if  the  necessary  limitations  upon  their 
interpretation  had  been   herein  expressed  in  each  case. 

Legislature  may  alter  §S  IH  to  3',.  §  35.  After  the 
second  Monday  in  January,  1909,  the  legislature  may,  by 
law,  from  time  to  time,  alter,  amend,  revise  or  repeal 
sections  from  18  to  34,  inclusive,  of  this  article,  or  any 
of  them,  or  any  amendments  thereof;  Provided.  That 
no  amendment  made  under  authority  of  this  section 
shall  contravene  the  provisions  of  any  part  of  this 
constitution  other  than  the  said  sections  last  above 
referred  to  or  any  such  amendments   thereof. 

Fellow  servant  doctrine  abrogated.  §  36.  The  common 
law  doctrine  of  the  fellow  servant,  so  far  as  it  affects 
the  liability  of  the  master  for  Injuries  to  his  servant, 
resulting  from  the  acts  or  omissions  of  any  other  servant 
or   servants  of   the   common    master,    is    abrogated    as    to 


every  employe  of  every  railroad  company  and  every 
street  railway  company  or  interurban  railway  company, 
and  of  every  person,  firm  or  corporation  engaged  in 
mining  in  this  State;  and  every  such  employe  shall 
have  the  same  right  to  recover  for  every  injury  suffered 
by  him  for  the  acts  or  omissions  of  any  other  employe 
or  employes  of  the  common  master  that  a  servant  would 
have  if  such  acts  or  omissions  were  those  of  the  master 
himself  in  the  performance  of  a  non-assignable  duty; 
and  when  death,  whether  instantaneous  or  not,  results 
to  such  employe  from  any  injury  for  which  he  could 
have  recovered  under  the  above  provisions,  had  not 
death  occurred,  then  his  legal  or  personal  representatives, 
surviving  consort  or  relatives,  or  any  trustee,  curator, 
committee  or  guardian  of  such  consort  or  relatives 
shall  have  the  same  rights  and  remedies  with  respect 
thereto,  as  if  death  had  been  caused  by  the  negligence 
of  the  master.  And  every  railroad  company  and  every 
street  railway  company,  or  interurban  railway  company, 
and  every  person,  firm  or  corporation  engaged  in  under- 
ground mining  in  this  State  shall  be  liable,  under  this 
section,  for  the  acts  of  his  or  its  receivers.  Nothing 
contained  in  this  section  shall  restrict  the  power  of  the 
legislature  to  extend  to  the  employes  of  any  person,  f  rm 
or  corporation  the  rights  and  remedies  herein  pro- 
vided   for. 

Tivo  cents  per  mile  passenger  fare.  S  37.  No  pers  on, 
company,  or  corporation,  receiver  or  other  agei  cy, 
operating  a  railroad,  other  than  street  railroad  or  elecric 
railroad,  in  whole  or  in  part,  within  this  State,  s!iall 
demand  or  receive  tor  first  class  transportation  for 
each  passenger,  between  points  within  this  State  on  the 
portion  of  its  road  operated  within  this  State,  reore 
than  two  cents  per  mile,  until  otherwise  provided  by 
law:  Provided,  however,  the  corporation  commission 
shall  have  the  power  to  exempt  any  railroad  from  the 
operation  of  this  section  upon  satisfactory  proof  tha  it 
cannot  earn  a  just  compensation  for  the  serv  ces 
rendered  by  it  to  the  public,  if  not  permitted  to  chf  rge 
more  than  two  cents  per  mile  for  the  transporta  ion 
of  passengers  within   the  State. 

Private  corporations  formed  under  general  laws  oily. 
§  38.  No  private  corporation  shall  be  created  nor  fori  ign 
corporation  licensed  to  conduct  business  in  the  St  Ue. 
except  by   .'general   law. 

Fictitious  stock.  §  39.  No  corporation  shall  issue  s  ock 
except  for  money,  labor  done  or  property  actually  re- 
ceived to  the  amount  of  the  par  value  thereof,  and  all 
fictitious  increase  of  stock  or  indebtedness  shall  be 
void,  and  the  legislature  shall  prescribe  the  neces  ary 
regulations  to  prevent  the  issue  of  fictitious  stock  or 
indebtedness.  The  stock  and  bonded  indebtedness  ot 
corporations  shall  not  be  increased  except  in  pursu:  nee 
of  general  law,  nor  without  the  consent  of  the  per  one 
holding  the  larger  amount  in  value  ot  the  stock  firsl- 
obtained  at  a  meeting  to  be  held  after  30  days'  n(  ticc 
given  in  pursuance  of  law. 

Political  contributions  by  corporations.  §  40.  No  cori 
poration  organized  or  doing  business  in  this  State  halj 
be  permitted  to  influence  elections  or  official  dutj  1)J 
contributions  of  money  or  anything  of  value. 

Corporations  not   to  hold  stock  in   other  corporal  ons 
§  41.     No  corporation  chartered  or  licensed  to  do  business 
in  this   State  shall  own,   hold  or  control,  in  any   mannei 
whatever,    the    stock    of    any    competitive    corporatio  i    oi 
corporations  engaged  in  the  same  kind  of  business,  :n  oi 
out  of  the  State,  except  such  stock  as  may  be  pledg<  d  Ii 
good  faith  to  secure  bona  fide  indebtedness  acquired  upoi 
foreclosure,  execution  sale  or  otherwise,  for  the  sat  stac 
tion  of  debt.     In  all  cases  where  any  corporation  acquirei 
stock  in  any  other  corporation,  as  herein  provided,  it  shal' 
be  required  to  dispose  of  the  same  within  12  months  fron 
the  date  ot  acquisition;  and  during  the  period  of  its  own 
ership  of  such  stock  it  shall  have  no  right  to  participati 
in  the  control  ot  such  corporation,  except  when  perniitt« 
by  order  of  the  corporation  commission.     No   trust  comi 
pany  or  bank  or  banking  company  shall  own,  hold,  or  > 
trol  in  any  manner  whatever  the  stock  of  any  other  t; 
company  or  bank  or  banking  company,  except  such  t^' 
as  may  be  pledged  in  good  faith  to  secure  bona  fide 
debtedness,   acquired   upon   foreclosure,   execution   sal' 
otherwise,   for  the   satisfaction  of  debt;    and   such  b' 


Public  Service  Laws 


1107 


*hall  be  disposed  of  in  the  time  and  manner  hereinbefore 
provided. 

Mining  and  public  service  corporations  to  arbitrate 
labor  questions.  §  42.  Every  license  issued  or  charter 
granted  to  a  mining  or  public  service  corporation,  foreign 
or  domestic,  shall  contain  a  stipulation  that  such  corpora- 
tion will  submit  any  difference  it  may  have  with  em- 
ployes in  reference  to  labor,  to  arbitration,  as  shall  be 
provided  by  law. 

Corporation  to  file  list  of  stockholders,  etc.  §  43.  No  cor- 
poration, foreign  or  domestic,  shall  be  permitted  to  do 
business  in  this  State  without  first  filing  in  the  office  of 
the  corporation  commission  a  list  of  its  stockholders, 
officers  and  directors,  with  the  residence  and  postoffice 
address  of,  and  the  amount  of  stock  held  by  each.  And 
every  foreign  corporation  shall,  before  being  licensed  to  do 
business  in  the  State,  designate  an  agent  residing  in  the 
State;  and  service  of  summons  or  legal  notice  may  be  had 
on  such  designated  agent  and  such  other  agents  as  now 
are  or  may  hereafter  be  provided  for  by  law.  Suit  may 
be  maintained  against  a  foreign  corporation  in  the  county 
where  an  agent  of  such  corporation  may  be  found,  or  in 
the  county  of  the  residence  of  plaintiff,  or  in  the  county 
where  the  cause  of  action  may  arise. 

Foreign  corporations  must  comply  tcith  State  law.  §  44. 
No  foreign  corporation  shall  be  authorized  to  carry  on  in 
this  State  any  business  which  a  domestic  corporation  Is 
prohibited  from  doing,  or  be  relieved  frorii  compliance 
with  any  of  the  requirements  made  of  a  similar  domestic 
corporation  by  the  constitution  or  laws  of  the  State. 
Nothing  in  this  article,  however,  shall  restrict  or  limit  the 
power  of  the  legislature  to  impose  conditions  under  which 
foreign  corporations  may  be  licensed  to  do  business  in 
this  State. 

Creation  of  monopoly  forbidden.  §  45.  Until  otherwise 
provided  by  law,  no  person,  firm,  association  or  corpora- 
tion engaged  in  the  production,  manufacture,  distribu- 
tion or  sale  of  any  commodity  of  general  use,  shall,  for 
the  purpose  of  creating  a  monopoly  or  destroying  competi- 
tion in  trade,  discriminate  between  dilterent  persons,  as- 
sociations, or  corporations,  or  different  sections,  com- 
munities or  cities  of  the  State,  by  selling  such  commodity 
at  a  lower  rate  in  one  section,  community  or  city  than  in 
another,  after  making  due  allowance  for  the  difterence.  If 
any,  in  the  grade,  quantity  or  quality  and  in  the  actual 
cost  of  transportation  from  the  point  of  production  or  man- 
ufacture. 

Certain  special  charters  annulled.  §  46.  All  existing 
charters  or  grants  of  special  or  exclusive  privileges  under 
which  a  bona  fide  organization  shall  not  have  taken  place 
and  business  commenced  in  good  faith  at  the  time  this 
constitution  becomes  effective,  shall  thereafter  have  no 
validity. 

Legislature  power  to  revoke  franchise.  §  47.  The  legis- 
lature shall  have  power  to  alter,  amend,  annul,  revoke 
or  repeal  any  charter  of  Incorporation  or  franchise  now 
existing  and  subject  to  be  altered,  amended,  annulled,  re- 
voked or  repealed  at  the  time  of  the  adoption  of  this 
constitution,  or  any  that  may  be  hereafter  created,  when- 
ever in  its  opinion  it  may  be  injurious  to  the  citizens  of 
tiiis  State,  in  such  manner,  however,  that  no  injustice 
Khali  be  done  to  the  incorporators. 

Rules  and  penalties  to  be  provided.  §  48.  The  legisla- 
ture shall  provide  such  penalties  and  regulations  as  may 
be  necessary  for  the  proper  enforcement  of  the  provisions 
of  this  article. 

STATUTE 

LAW. 

CHAPTER  18,  ARTICLE  I. 

CORrORATlO-X    (O.MMISSIO.N — CLEKUAI.    IIKLr. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Office  force  of  corporation  commission.  §  1.  That  the 
Jffices,  positions,  clerical  and  stenographic,  and  assistants 
o  the  corporation  commission  hereinafter  named,  are 
lereby  created  and  established;  and  that  the  salary  or 
eiauneration  of  each  shall  be  as  hereinafter  named,  fol- 
owing  the  name  of  such  office  or  clerical  position; 


§  2.  One  secretary,  $2,000  per  annum;  one  corpora- 
tion record  clerk,  $2,200  per  annum;  one  expert  account- 
ant and  rate  clerk,  $2,500  per  annum;  one  official  stenog- 
rapher, $1,200  per  annum;  one  official  stenographer,  $1,200 
per  annum;  one  stenographer,  $900  per  annum;  one  mar- 
shal, $1,500  per  annum. 

Repeal.  §  3.  All  Acts  and  parts  of  Acts  in  conflict 
herewith  are  hereby  repealed. 

In  effect  forthwith.  §  4.  An  emergency  is  hereby  de- 
clared, by  reason  whereof  it  is  necessary  for  the  immedi- 
ate preservation  of  the  public  peace,  health  and  safety 
that  this  Act  take  effect  from  and  after  its  passage  and 
approval. 

Approved  May  19,  1908. 

CHAPTER  15,  ARTICLE  I. 

SEPAH.VTE     COACHKS — WAITI.XG     KOOjrS. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Separate  coaches  for  ichite  and  for  negro  races.  §  1. 
That  every  railway  company,  urban  or  suburban  car  com- 
pany, street  car  or  interurban  car  railway  company,  lessee, 
manager  or  receiver  thereof,  doing  business  in  this  State, 
as  a  common  carrier  of  passengers  for  hire,  shall  provide 
separate  coaches  or  compartments,  as  hereinafter  provided, 
for  the  accommodation  of  the  white  and*  negro  races, 
which  separate  coaches  or  cars  shall  be  equal  in  all  points 
of  comfort  and  convenience. 

Separate  waiting  rooms,  etc.  §  2.  Every  railroad  com- 
pany, street  car  company,  urban,  suburban,  or  interurban 
car  company  shall  provide  for  and  maintain  separate  wait- 
ing rooms  at  all  their  passenger  depots  for  the  accommo- 
dation of  the  white  and  negro  races,  which  separate  wait- 
ing rooms  shall  be  equal  in  all  points  of  comfort  and  con- 
venience. Each  waiting  room  shall  bear  in  a  conspicuous 
place  words  in  plain  letters  indicating  the  race  for  which 
it  is  set  apart.  It  shall  be  unlawful  for  any  person  to  use, 
occupy  or  remain  in  any  waiting  room,  toilet  room,  or 
at  any  water  tank  in  any  passenger  depot  in  this  State, 
set  apart  to  a  race  to  which  he  does  not  belong. 

"Negro"  defined.  §  3.  The  term  "negro"  as  used  herein. 
Includes  every  person  of  African  descent,  as  defined  by 
the   constitution. 

Partitions.  §  4.  Each  'compartment  of  a  railway  coach, 
divided  by  a  good  and  substantial  wooden  partition, 
with  a  door  therein,  shall  be  deemed  a  separate  coach 
within  the  meaning  of  this  Act,  and  each  separate 
coach  shall  bear  in  some  conspicuous  place  appropriate 
words  in  plain  letters  indicating  the  race  for  which 
it  is  set  apart;  and  each  compartment  of  an  urban  or 
suburban  car  company,  interurban  car  or  railway  com- 
pany, or  street  car  company,  divided  by  a  board  or 
marker,  placed  in  a  conspicuous  place,  bearing  appro- 
priate words  in  plain  letters,  indicating  the  race  for 
which  it  is  set  apart,  shall  be  sufficient  as  a  separate 
compartment   within    the    meaning   of   this   Act. 

Penalty  for  failure  to  provide.  §  5.  Any  railway  com- 
pany, street  car  company,  urban  or  suburban  car  com- 
pany, or  interurban  car  or  railway  company,  lessee, 
manager  or  receiver  thereof,  which  shall  fail  to  provide 
its  cars,  bearing  passenges,  with  separate  coaches  or 
compartments  as  above  provided,  or  fail  to  provide  and 
maintain  separate  waiting  rooms  as  provided  herein, 
shall  be  liable  for  each  and  every  failure  to  a  penalty 
of  not  less  than  $100  nor  more  than  $1,000,  to  be  re- 
covered by  suit  in  the  name  of  the  State,  in  any  court 
of  competent  jurisdiction,  and  each  trip  run  with  such 
railway  train,  street  car,  urban,  suburban  or  interurban 
car  without  such  separate  coach  or  compartment  shall 
be  deemed  a  separate  offense. 

Misdemeanor  for  one  race  to  go  into  apartment  of  the 
other.  §  6.  If  any  passenger  upon  a  railway  train,  street 
car,  urban,  suburban  or  interurban  car  provided  with 
separate  coaches  or  compartments  as  aljove  provided 
shall  ride  in  any  coach  or  compartment  not  designated 
for  his  race,  after  having  been  forbidden  to  do  so  by 
the  conductor  in  charge  of  the  train  or  car,  or  shall 
remain  in  any  waiting  room  not  set  apart  for  the  race 
to  which  he  belongs,  he  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  fined  not  less  than  $5 
nor   more    than    $25. 


1108 


National  Association  of  Railway  Commissioners 


Should  any  passenger  refuse  to  occupy  the  coach  or 
compartment  or  room  to  which  he  or  she  is  assigned  by 
the  officer  of  such  railway  company,  said  officer  shall 
have  the  power  to  refuse  to  carry  such  passenger  on 
his  train,  and  should  any  passenger  or  any  other  person, 
not  passenger,  for  the  purpose  of  occupying  or  waiting 
in  such  sitting  or  waiting  room  not  assigned  to  his  or 
her  race,  enter  said  room,  said  agent  shall  have  the 
power,  and  it  is  made  his  duty,  to  eject  such  person 
from  such  room,  and'  for  such  neither  they  nor  the 
railroad  company  which  they  represent  shall  be  liable 
for  damages   in    any  of  the   courts  of   this   State. 

Exceptions — Officers  in  custody  of  prisoners,  etc.  §  7. 
The  provisions  of  this  Act  shall  not  be  so  construed  as 
to  prohibit  officers  having  in  custody  any  person  or 
persons,  or  employes  upon  the  trains  or  cars  in  the  dis- 
charge of  their  duties,  nor  shall  it  be  construed  to  apply 
to  such  freight  trains  as  carry  passengers  in  cabooses, 
provided,  that  nothing  herein  contained  shall  be  con- 
strued to  prevent  railway  companies  in  this  State  from 
hauling  sleeping  cars,  dining  or  chair  cars  attached  to 
their  trains  to  be  used  exclusively  by  either  white  or 
negro  passengers,  separately  but  not  jointly. 

Statute  to  he  posted.  §  8.  Every  railway  company 
carrying  passengers  in  this  State  shall  keep  this  law 
posted  in  a  .conspicuous  place  in  each  passenger  depot 
and  in  each  passenger  coach   provided  in  this  law. 

Special  trains.  §  9.  That  nothing  in  this  Act  shall  be 
construed  to  prevent  the  running  of  extra  or-  special 
trains  or  cars  for  the  exclusive  accommodation  of  either 
white  or  negro  passengers,  if  the  regular  trains  or  cars 
are  operated  as  required  by  this  Act  and  upon  regular 
schedule. 

Duties  of  conductors.  §  10.  Conductors  of  passenger 
trains,  street  cars,  urban,  suburban  or  interurban  lines 
provided  with  separate  coaches  or  compartments  shall 
have  the  authority  to  refuse  any  passenger  admittance 
to  any  coach  or  compartment  in  which  they  are  not 
entitled  to  ride  under  the  provisions  of  this  Act,  and  the 
conductor  in  charge  of  the  train,  street  car,  urban,  sub- 
urban or  interurban  car  shall  have  authority,  and  it 
shall  be  his  duty  to  remove  from  the  train,  cQach,  street 
car,  urban,  suburban  or  interurban  car,  any  passenger 
not  entitled  to  ride  therein  under  the  provisions  of  this 
Act;  upon  his  refusal  to  do  so  knowingly  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  in 
any  sum  of  not  less  than  $50  nor  more  than  $500,  and 
the  company,  manager,  agent,  conductor,  receiver  or 
other  ofBcer  shall  not  be  held  for  damages  of  any 
lawful  removal  of  a  passenger  as  provided  herein. 

Fines  to  go  to  puhUc  school  fund.  §  11.  All  fines  col- 
lected under  the  provisions  of  this  law  shall  go  to  the 
available  common  school  fund  of  the  county  in  which 
conviction  is  had.  Prosecutions  under  the  provisions  of 
this  law  may  be  instituted  in  any  court  of  competent 
Jurisdiction,  in  any  county  through  or  into  which  said 
railroad,  urban,  suburban,  interurban  railway  may  be  run 
or  have  an  office. 

In  effect  forthwith.  §  12.  An  emergency  exists  for  the 
preservation  of  the  public  peace  by  reason  wliereof  this 
Act  shall  take  effect  60  days  from  and  after  its  passage 
and  approval. 

Approved  December   18,   1907. 

CHAPTER   57. 

LICENSE    TAX    ON     CERTAIN    CORPORATIONS. 

An  Act  providing  for  a  license  tax  upon  foreign  and  do- 
mestic corporations. 
Be  it  enacted  hy  the  people  of  the  State  of  Oklahoma: 

State  license  required — Certain  companies  excepted.  §  1. 
No  corporation  heretofore  or  hereafter  incorporated  under 
the  laws  of  this  State,  or  of  any  other  State,  shall  do  or 
attempt  to  do  business  by  virtue  of  its  charter  or  certifi- 
cate of  incorporation  in  this  State  without  a  state  license 
therefor:  Provided,  however,  that  the  provisions  of  this 
Act  shall  not  apply  to  railroad  companies,  car  companies, 
electric  railroad  companies,  telephone  and  telegraph  com- 
panies, heat,  light,  and  among  power  companies,  water- 
works, and  water  power  companies,  insurance  companies, 


banking  and  trust  companies,  building  and  loan  assocla 
tions;  or  to  any  company  or  corporation  not  organized  foi 
profit. 

License  from  corporation  commission — Annual  fee- 
Proviso.  §  2.  It  shall  be  the  duty  of  every  corporatloi 
Incorporated  under  the  laws  of  this  State,  and  of  ever: 
foreign  corporation  now  doing  business,  or  which  shal 
hereafter  engage  in  business  in  this  State,  to  procun 
annually  from  the  corporation  commission  a  license  au 
thorizing  the  transaction  of  such  business  in  this   State 

Each  domestic  corporation  shall  pay  a  license  fee  of  5( 
cents  for  each  $1,000  dollars  of  its  authorized  capital  stocl 
or  less,  and  each  foreign  corporation  shall  pay  a  license  fei 
of  $1  for  each  $1,000  of  its  capital  stock  employed  in  Iti 
business  done  in  this  State;  provided,  that  the  license 
fees  provided  for  in  this  Act  shall  not  be  required  on  tha 
portion  of  the  capital  stock  employed  by  any  corporatloi 
In  any  business  upon  which  a  production,  income  or  gros 
receipts  tax  is  required  to  be  paid  under  the  laws  of  thi 
State;  but  any  corporation  claiming  exemption  from  th 
payment  of  the  license  fees  on  any  portion  of  its  an 
thorized  capital  shall,  in  addition  to  all  other  statements 
required  by  the  provisions  of  this  Act,  file  a  stateraen 
under  oath  of  its  president,  secretary  or  other  managini 
officer  showing  in  detail  the  different  kinds  of  business  ii 
which  it  was  engaged,  and  the  portion  of  its  capital  em 
ployed  in  that  part  of  its  business  upon  which  a  prodm  tioi 
Income  or  gross  receipts  tax  is  required  to  be  paid  uide 
the  laws  of  this  State. 

Fees  payable  when  and  where.  §  3.  The  license  fee 
required  by  this  Act  shall  be  paid  to  the  State  treasure 
on  or  before  the  first  day  of  August  of  each  year,  and  ihal 
be  applied  to  the  payment  of  the  ordinary  expense  of  th 
State  government  and  no  license  shall  be  issued  bj  th 
Corporation  Commission  until  each  such  corporation  ;hal 
file  with  the  Corporation  Commission  a  receipt  from  th 
State  treasurer,  showing  the  payment  of  the  fee  hi  rei; 
provided  for:  Provided,  however,  the  incorporating  fee 
now  required  by  law  shall  be  in  lieu  of  the  license  fe<  s  n 
quired  by  this  Act  for  the  year  in  which  such  incorporal 
Ing  fees  are  paid. 

Same  by  foreign  corporations.  §  4.  Every  domesti<  coi 
poration  subject  to  the  provisions  of  this  Act  shall,  di  rin 
the  month  of  July  of  each  year,  file  in  the  office  o  th 
Corporation  Commission  a  statement  under  oath  c '  it 
president,  secretary  or  managing  officer,  showing  th'  lis 
of  its  stockholders,  officers  and  directors  with  the  res 
dence  and  postoffice  address  of  and  the  amount  of  toe 
held  by  each  as  the  same  existed  on  the  30th  day  of  Jun 
next  preceding. 

Annual  sworn  statement  by  domestic  corporations     § 
Every    foreign    corporation,    subject   to    the   provisioi  s    < 
this  Act,  shall,  on  or  before  the  31st  day  of  July,  of  eac 
year,   file  with  the  Corporation   Commission,   a  state  raei 
under  oath  of  its  president,  secretary  or  managing  c  ffict: 
or  managing  agent  of  such  corporation  in  this  Sta  e,  I 
such  form  as  the  Corporation  Commission  may  pres  ;rib ' 
showing  the  total  amount  of  its  authorized  capital    .toe' 
the  number  of  shares  into  which  It  is  divided,  the  nanj 
and  location  of  the  office  or  offices  of  the   compan;    ar 
the  name  or  its  designated  agent  for  service  of  pr  ices 
residing  at  the  capital   of  this  State;   a  list  of  its    itoe 
holders,   officers   and   directors,   giving   the  residence   ai 
■postoffice  address  of  the  amount  of  stock  held  by  each  ! 
the  same  existed  on  the  30th  day  of  June  next  precjdin 
the  value  of  property  where  situate,  and  the  value    it  tl 
property  owned   and    used   outside  of  the   State   of   Okl 
homa;  the  proportion  of  the  capital  stock  of  the  coiipai 
which  is  represented  by  property  owned  and  used  and  1 
business  transacted  in  this  State. 

Such  statement  not  conclusive.  §  6.  The  return  mai 
by  foreign  corporations  doing  business  in  this  Stat*'  sht 
not  be  conclusive  as  to  the  proportion  of  their  authoriz' 
capital  represented  by  business  done  in  this  State,  b 
whenever  it  shall  be  made  to  appear  to  the  Corpcrati' 
Commission  that  some  other  proportion  than  that  shoil 
by  the  statement  returned  by  such  foreign  corporati' 
more  correctly  represents  the  true  proportion  of  the  ca; 
tal  stock  represented  in  this  State,  they  shall,  giving 
days'  notice  to  the  designated  agent  of  such  foreign  cr 


Public  Service  Laws 


1109 


poration  in  this  State,  for  service  of  process,  proceed  to 
determine  such  true  proportion,  and  such  foreign  cor- 
poration shall  thereupon,  subject  to  the  penalties  provided 
in  this  Act,  pay  a  license  fee  upon  the  proportion  of  its 
capital  stock  represented  by  business  done  in  the  State 
as  so  ascertained  and  determined  by  the  Corporation  Com- 
mission. 

Period  of  license.  §  7.  The  license  tax  hereby  provided 
for  shall  authorize  the  corporation  complying  with  the 
provisions  of  this  Act  to  transact  its  business  during  the 
year,  or  for  any  fractional  part  of  such  year  in  which  such 
license  tax  or  fee  is  paid. 

The  term  "year"  as  used  in  this  Act  shall  mean  from 
and  including  July  1st  to  and  including  June  30th  next 
thereafter. 

Failure  to  pay  fees— Penalties.  §  8.  Every  domestic 
corporation  subject  to  the  provisions  of  this  Act,  who  shall 
fail  to  file  the  annual  statement  and  to  pay  the  annual 
fees  required  by  the  provisions  of  this  Act  for  60  days 
after  the  time  provided  therefor,  shall  forfeit  its  .charter 
and  every  foreign  corporation  failing  to  file  its  statement 
and  pay  the  annual  fees  within  the  time  required  by  the 
provisions  of  this  Act  shall  forfeit  its  license  and  right  to 
do  business  in  this  State,  but  the  statement  shall  have 
and  retain  a  lien  upon  the  assets  of  every  kind  and  char- 
acter in  this  State  of  every  such  delinquent  corporation, 
and  may  enforce  such  lien  in  any  court  of  competent  juris- 
diction in  any  county  of  the  State  where  the  property  of 
such  delinquent  corporation  may  be  found. 

Same  trustees  for  delinquent  companies — Actions.  5  9. 
In  all  cases  of  forfeiture  under  the  provisions  of  this  Act, 
the  directors  or  managers  in  office  of  any  domestic  cor- 
poration whose  charter  is  so  forfeited,  or  of  any  foreign  cor- 
poration whose  right  to  do  business  in  this  State  may  be 
so  forfeited,  are  deemed  to  be  trustees  of  the  corporation 
and  all  the  stockholders  and  members  of  the  corporation 
whose  power  or  right  to  do  business  is  forfeited,  and  as 
such  trustees  shall  have  full  power  to  settle  the  affairs 
of  the  corporation  and  to  maintain  or  defend  any  such 
corporation,  or  to  take  such  legal  proceedings  as  may  be 
necessary  to  finally  settle  the  affairs  of  said  corporations, 
and  such  directors  or  managers  as  such  trustees  may  be 
sued  in  any  of  the  courts  of  this  State  by  any  person  hav- 
ing a  claim  against  such  corporations:  Provided,  how- 
ever, that  no  action  pending  against  any  such  corporations 
shall  abate,  by  reason  of  its  forfeiture,  as  provided  in  this 
Act  but  may  be  prosecuted  to  final  judgment  and  the 
same  may  be  enforced  by  execution  with  the  same  force 
and  effect  and  in  like  manner  as  though  no  forfeiture  had 
occurred.  And,  provided,  further,  that  where  any  judg- 
ment had  been  rendered  against  any  corporation  prior  to 
forfeiture  of  this  charter  under  the  provisions  of  this 
Act,  execution  may  be  issued  thereon  and  the  property  in 
the  hands  of  its  trustees  may  be  levied  upon  seized  and 
Bold  to  satisfy  the  same  with  the  like  force  and  effect  as 
though  such  forefeiture  had  not  occurred. 

Further  penalty  for  delinquency.    §  10.    Any  corporation 

who  shall  have  failed  to  file  the  sworn  statement  and  pay 

the  annual  license  fees  required  by  the  provisions  of  this 

Act,  on  or  before  the  first  day  of  August  of  each  year, 

« shall,  in  addition  to  the  other  penalties  herein  prescribed, 

a  be  liable  to  penalty  of  $100  for  each  day  it  shall  so  fall 

I  sr  refuse  to  file  said  statement  and  pay  said  fees,  which 

•  shall  be  a  lien  upon  all  of  the  property  and  assets  of  such 

tl  sorporation  located  in  this  State,  and  may  be  recovered 

i  It  the  suit  of  the  State  in  any  court  of  competent  juris- 

«  Ilctlon  of  the  county  where  any  property  or  assets  of  such 

illellnquent  is  located. 

False  statement — Perjury.  §  11.  Any  person  who  shall 
nake  any  false  oath  to  any  statement  or  return  required 
0  be  made  under  the  provisions  of  this  Act  shall  be 
Tillty  of  perjury. 

.1  ■  Filing  same — Subornation  of  perjury.  §  12.  Any  per- 
:  on  who  shall  file  with  or  present  to  the  Corporation 
J  lommission  any  statement  under  oath  required  to  he  made 
'  y  the  provisions  of  this  Act,  knowing  the  same  to  be 
I  Use,  shall  he  guilty  of  subornation  of  perjury. 
;',      Approved  March  15,  1910. 


COAL. 

CABBTING — DESTINATION   WEIGHTS. 

An  Act  to  regulate  the  carriage  of  coal,  and  to  provide  for 
destination  weights  on  shipments  of  coal. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Bill  of  lading  to  be  issued.  §  1.  That  whenever  any 
coal  is  shipped  over  any  common  carrier  from  any  point 
within  the  State  of  Oklahoma  to  any  other  point  within 
the  said  State,  the  common  carrier  transporting  such  coal 
shall  issue  a  bill  of  lading  stating  the  true  weight  of  the 
coal  so  transported. 

Carrier  liable  for  shrinkage.  §  2.  That  when  said  coal 
arrives  at  its  destination,  the  said  carrier  shall  cause  the 
same  to  be  weighed  at  that  point,  provided  it  has  scales  at 
that  point,  and  if  not,  then  it  shall  cause  s-aid  coal  to 
be  weighed  at  the  nearest  track  scales  on  its  line  between 
the  point  of  shipment  and  the  point  of  destination,  and  if 
the  weight  of  said  coal  at  the  point  of  delivery  is  less  than 
the  weight  sent  out  in  the  bill  of  lading,  the  carrier  de- 
livering to  the  consignee  shall  be  liable  to  the  consignee 
for  all  deficiencies  in  weight,  less  the  natural  shrinkage, 
which  shall  not  exceed  1  per  cent  for  a  150-mile  haul 
or  less  and  li^  per  cent  on  more  than  a  150-mile  haul; 
and  the  measure  of  damage  of  the  consignee  for  such  de- 
ficiency or  shortage  shall  be  the  value  of  the  deficiency 
at  the  point  of  destination  less  the  freight  thereon  if  the 
freight  has  not  been  paid;  and  in  weighing  cars  of  coal 
they  shall  be  detached  from  the  train,  and  in  the  event  the 
loss  or  shortage  does  not  occur  on  the  delivering  line,  the 
carrier  delivering  to  the  consignee  shall  be  entitled  to  re- 
cover from  the  carrier  upon  whose  line  the  loss  or  short- 
age occurred,  such  amount  for  the  loss  or  shortage  as  the 
carrier  delivering  to  the  consignee  may  be  required  to 
pay  to  the  consignee  as  may  be  evidenced  by  any  receipt, 
judgment  or  transcript  thereof. 

Connecting  carrier.  §  3.  In  case  any  coal  shipped 
shall  be  carried  over  the  lines  of  the  connecting  carriers, 
the  carrier  receiving  said  coal  shall  cause  the  correct 
weight  thereof  to  be  placed  in  the  bill  of  lading,  and  such 
coal  shall  be  reweighed  when  delivered  to  the  connecting 
carrier,  and  the  value  of  the  coal  at  the  point  of  destination 
shall  be  the  measure  of  damages. 

When  carrier  refuses  to  weigh.  §  4.  In  case  the  car- 
rier shall  fail  or  refuse  to  weigh  said  coal  at  its  destina- 
tion or  at  the  nearest  track  scales  to  the  imint  of  destina- 
tion between  said  point  and  the  point  of  shipment,  the  con- 
signee may  weigh  said  coal  and  his  weights  shall  be  prima 
facie  evidence  of  the  amount  of  coal  received,  and  the 
carrier  shall  be  liable  in  damages  as  set  out  in  this  Act 
for  any  shortage  between  the  actual  quantity  received  at 
the  point  of  destination  and  the  amount  named  in  the 
bill  of  lading;  provided,  that  if  the  consignee  shall  have 
the  coal  weighed  at  the  point  of  destination,  on  other  than 
trade  scales,  an  allowance  of  10  pounds  per  ton  shall  be 
deducted  from  the  weight. 

Penalty.  §  5.  That  any  agent,  servant  or  employe  of 
any  carrier  who  shall  fail  or  refuse  to  weigh  any  coal 
at  its  point  of  destination  or  shall  knowingly  or  wilfully 
make  false  weights  of  such  coal,  or  in  case  there  are  no 
track  scales  at  the  point  of  destination  at  the  nearest  track 
scales  passed  In  its  transit  from  its  point  of  shipment^ 
such  gent,  servants  or  employes  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a  fine  or  not 
less  than  $50  nor  more  than  $100,  or  be  imprisoned  not 
less  than  30  days  nor  more  than  CO  days,  or  both  such  fine 
and  imprisonment. 

Coal  brought  from  another  State.  §  6.  Whenever  any 
coal  shall  be  brought  into  this  State  by  any  carrier  where 
the  point  of  shipment  is  outside  of  the  State,  the  same  shall 
be  weighed  by  the  carrier  at  the  nearest  track  scales  within 
the  State  to  the  State  line;  and  after  being  so  weighed, 
as  to  its  further  carriage  all  of  the  provisions  of  this  Act 
shall  apply  thereto  In  the  same  manner  as  If  the  shipment 
originated  within  this   State. 

Disagreement  between  carrier  and  consignee.  §  7.  In 
case  any  contention  shall  arise  between  the  consignee 
and  the  carrier  in  regard  to  the  shortage  of  coal  on  any 
car,  the  car  shall  be  weighed  first  while  loaded  and  then 
the  empty  car  shall  be  weighed  again  and  the  actual  gross 
and  net  weights  shall  be  ascertained,  and  the  stencil  weight 


1110 


National  Association  of  Eailway  Commissioners 


of  any  car  marked  thereon  shall  not  be  taken  in  any  case 
as  a  true  weight  of  said  car. 

In  effect  forthwith.  §  8.  For  the  preservation  of  tha 
public  peace  and  safety  an  emergency  is  hereby  declared  to 
exist,  by  reason  whereof  this  Act  shall  be  in  force  from 
and  after  its  passage  and  approval. 

Approved  May  29,  1908. 

CHAPTER  83,  ARTICLE  I. 

TEtJSTS    DEFINED    AND    REGULATED. 

An  Act  to  define  a  trust,  monopoly,  unlawful  combination 
in  restraint  of  trade;  to  provide  civil  and  criminal 
penalties  and  punishment  for  violation  thereof  and 
damages  thereby  caused;  to  regulate  sua  trusts  and 
monopolies;  to  promote  free  competition  '  i  all  classes 
of  business  in  the  State;  and  declaring  au  emergency. 
Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Agreement  in  restraint  of  trade  illegal.  §  1.  That 
every  Act,  agreement,  contract  or  combination  in  the 
form  of  trust,  or  otherwise,  or  conspiracy  in  restraint 
of  trade  or  commerce  within  this  State,  which  is  against 
public  policy,  is  hereby  declared  to  be  illegal. 

Attorney-general  to  make  information,  etc.  §  2.  If  the  at- 
torney-general shall  have  suflBclent  evidence  that  the  pro- 
visions of  the  constitution  or  any  law  pursuant  thereto 
against  the  establishment  or  maintenance  of  any  trust,  mo- 
nopoly or  unreasonable  restraint  of  trade,  or  any  violation 
of  this  Act,  or  any  of  its  provisions,  are  about  to  be  or  have 
been  violated  by  any  person,  firm,  corporation  or  association 
engaged  in  any  quasi-public  business,  or  having  a  virtual 
monopoly  of  any  commodity  or  business  with  tha  intention 
or  effect  of  destroying  competition  or  restraining  trade, 
contrary  to  the  provisions  of  this  Act,  he  may  file  informa- 
tion in  the  Supreme  Court,  and  by  proceeding  as  against 
nuisance,  enjoin  and  restrain  said  combination  or  arrange- 
ment or  any  of  its  members,  or  by  a  proceeding  analogous 
to  libel,  cause  any  or  all  the  personal  property  of  said 
offending  person,  firm  or  corporation  or  association,  used 
or  to  be  used,  in  whole  or  in  part,  in  any  transaction  which. 
In  effect  or  intent,  hinders  competition,  or  unreasonable 
restriction  of  trade,  to  be  forfeited  to  the  State  in  the 
discretion  of  the  court,  together  with  all  the  commodities 
in  the  possession  or  control  of  such  offending  corporation, 
person,  firm  or  association,  used  or  intended  for  such  use  in 
violation  of  the  constitution  or  laws  pursuant  thereto,  or 
this  Act;  and  may  take  both  said  proceedings.  Upon 
the  filing  of  such  petition,  or  at  any  time  thereafter,  the 
attorney-general  may  apply  for  an  injunction  pending  the 
action,  and  the  appointment  of  a  receiver  for  any  or  all 
of  the  property  of  such  person,  firm,  corporation  or  asso- 
ciation. Upon  such  application,  the  court,  or  a  majority 
of  the  judges  thereof,  it  in  vacation,  is  authorized  to  issue 
a  restraining  order  pending  the  action,  enjoining  the  de- 
fendant or  defendants  from  in  any  way  changing  the 
business,  records,  books,  instruments  or  property  to  them 
belonging,  or  by  them  used,  directly  or  indirectly,  and  issue 
a  rule  to  show  cause  why  a  receiver  should  not  be  ap- 
pointed, and  after  notice  of  such  rule  shall  have  been  served 
on  the  defendant  or  defendants  or  any  managing  agent  of 
said  defendant  or  defendants  within  this  State,  and  an 
opportunity  to  be  heard  having  been  given,  said  receiver 
may  be  appointed,  in  the  discretion  of  the  court,  to  take 
charge  of  the  property  of  the  defendant  or  defendants  so 
notified. 

Such  receiver  shall  preserve  said  projjerty  free  from 
any  illegal  arrangement  until  the  termination  of  the  litiga- 
tion, and  thereafter  to  dispose  of  the  same  according  to 
law,  or  any  other  remedy  may  be  applied,  or  both,  to  more 
effectually  produce  and  consummate  such  preservation  or 
forfeiture  or  both;  and  said  court  shall  be  -authorized  by 
appointed  master  in  chancery,  or  otherwise,  in  its  discre- 
tion, to  receive  evidence  in  any  county  in  the  State,  ac- 
cording to  the  rules  of  civil  procedure,  and  make  findings 
of  fact  thereon  for  said  court;  and  said  master  in  chan- 
cery shall  have  compulsory  process  for  witnesses,  and 
the  production  of  books  and  papers  from  any  part  of  the 
State,  and  for  this  purpose  the  executive  officers  of  the 
said  court,  or  any  of  the  district  courts  of  this  State,  shall 
be  empowered  to  serve  mesne  and  final  process;  and  the 
services  of  said  master  in  chancery,  or  other  person  ap- 
pointed by  the  court,  shall  be  paid  for  as  costs  by  the 
losing  parties  in  said  cause,  In  an  amount  equal  to  the 
fees  that  would  have  been  earned  therein  If  a  notary  pub- 


g  as- 


lie  had  received  said  testimony,  together  with  a  sum  of 
not  exceeding  $10  per  day,  in  the  discretion  of  the  court, 
and  the  actual  expenses  for  each  day  that  testimony  is 
actually  received,  and  testimony  and  evidence  in  such 
action  may  also  be  taken  by  disposition  anywhere  within 
or  without  this  State,  as  in  civil  actions  in  the  District 
Court.  In  the  event  of  a  violation  of  any  order  of  the  court 
therein,  and  a  proceeding  grows  out  of  the  same  in  the 
nature  of  contempt,  if  the  defendant  den^anded  a  trial  by 
jury,  the  court  may  transfer  the  said  contempt  proceed- 
ings to  any  district  court  of  the  State  for  trial  by  jury 
and  a  verdict,  but  the  judgment  if  any,  shall  be  rendered 
by  said  Supreme  Court,  and  sentence,  if  proper,  passed  by 
It.  This  proceeding  shall  be  in  addition  to  and  cumulative 
as  to  any  other  provisions  of  the  law  apj)licable  to  the  same 
situation.  Provided,  that  the  appointment  of  such  re- 
ceiver hiay  be  stayed,  or  after  appointment  and  possession 
taken  the  receiver  shall  be  discharged,  upon  the  defendant  ■ 
giving  bond  in  an  account,  and  with  the  sureties  to  be 
approved  by  said  court  or  a  justice  thereof,  conditioned  for 
the  payment  of  all  damages  and  co.-ts  which  may  be  as- 
sessed against  the  defendant  in  said  proceeding  in  fav 
of  the  State,  or  any  officer  or  person. 

Threefold  damages  to  person  injured.  §  3.  Any  pers 
firm,  corporation  or  association,  who  shall  be  injured  in 
his  or  their  business  or  property  by  any  other  person, 
firm,  corporation  or  association,  by  reason  of  anything 
forbidden  or  declared  to  beun  lawful  by  this  Act,  may  s  le 
therefor  in  the  courts  of  this  State,  and  shall  recov  r 
threefold  the  damages  by  him  or  them  sustained,  and  l^ie 
cost  of  suit,  and  a  reasonable  attorney's  fee,  to  be  fixed  JM 
the  court.  1 H 

Foreign  corporation  excluded  from  the  State.  §  " 
Every  foreign  corporation,  as  well  as  every  foreign  assoc:  a- 
tion  exercising  any  of  the  powers,  franchises  or  functio  is 
of  a  corporation  in  this  State,  violating  any  of  the  pi  o- 
visions  of  this  Act,  is  hereby  denied  the  right  and  pio- 
hibited  from  doing  business  in  this  State,  and  the  seci  e- 
tary  of  state,  upon  the  order  of  the  corporation  commissic  n. 
or  any  competent  court,  made  after  due  notice  and  in  d  le 
course  of  law,  shall  revoke  the  license  of  any  such  C(  r-^ 
poration  or  association  heretofore  authorized  to  do  hui 
ness  in  this  State.  *  | 

Prices  must  be  uniform  throughout  the  State.  §  5.  I( 
shall  be  unlawful  for  any  person,  flrnj,  corporation  or  as 
elation  engaged  in  the  production,  manufacture,  distrll 
tion  or  sale  of  any  commodity  of  general  use,  or  rend' 
ing  any  service  to  the  public,  to  discriminate  between  di: 
ferent  persons,  firms,  associations  or  corporations, 
different  sections,  communities  or  cities  of  the  State  ); 
selling  such  commodity,  or  rendering  such  service  at 
lower  rate  in  one  section,  community,  or  city  than  anoth 
or  at  the  same  rate  or  price  at  a  point  away  from  u 
of  production  or  manufacture  as  at  the  place  of  produca 
or  manufacture,  after  making  due  allowance  for  the  diff  t- 
ence,  if  any,  in  the  grade,  quantity  or  quality,  and  in  t  ue 
actual  cost  of  transportation  from  the  point  of  producti  3n 
or  manufacture,  if  the  effect  or  intent  thereof  is  to  est  ib- 
lish  or  maintain  a  virtual  monopoly  hindering  competiti'm, 
or  restricting  of  trade. 

Penalty.    §  6.    Any  person  who  shall  violate  any  of  •  ho 
provisions  of  this  Act,  or  take  part,  or  aid.  or  advise  in    he 
violation  of  any  such  provisions,  or  who  shall,  as  officer, 
manager,  director,  a.gent,  servant  or  employe  of  any  fl^  m, 
corporation  or  association,  knowingly  carry  out  any  of    he 
stipulations,    purposes,    prices,    rates,    or    furnish    any    in- 
formation knowingly,   to  assist  in  carrying  out  such  pur- 
poses, or  in  pursuance  thereof,  in  violation  of  said  pn  vi- 
sions, shall  be  punished  by  a  fine  of  not  less  than    550 
nor  more  than  $10,000,  and  by  imprisonment  not  less  than 
10  days  nor  more  than  10  years,  at  the  discretion  of  the 
court;  and  each  dav's  violation  of  the  provisions,  or  anj  of 
them,  of  this  Act  shall  constitute  a  separate  offense.    ./v.nd 
any   sum   which   might   be   assessed   as  a   fine  by   way   of 
punishment  for  a  crime  as  in  this  Act  provided,  may  ' 
recovered   by   the    State   as   a   penalty    in   civil   action 
addition  to,  or  irrespective  of.  the  assessment  and  asse  ^ 
bility  of  said  fine,  either  before,  after,  or  simultaneoii- 
with  the  pendency  of  said  criminal  action. 

Indictment.  §  7.  In  any  Indictment  or  information  for 
any  offense  named  in  this  Act,  it  is  sufficient  to  state  the 
purpose  or  facts  of  the  trust,  monopoly,  unlawful  com- 
bination in  restraint  of  trade  or  commerce,  and  that  the 


Public  Serviob  Laws 


1111 


accused  is  a  member  of,  acted  with,  or  in  pursuance  of 
It,  or  aided  or  assisted  in  carrying  out  its  purpose  with- 
out giving  its  name,  or  description  or  stating  how,  when 
-or  where  it  was  created. 

Attendance  of  witnesses,  etc.  §  8.  It  shall  be  the  duty 
■of  the  court  before  whom  any  proceeding  under  this  Act 
may  be  brought,  upon  the  application  of  the  attorney-gen- 
eral, to  cause  to  be  issued  by  the  clerk  of  said  court  sub- 
poenas for  such  witnesses  as  may  be  named  in  the 
application,  and  cause  the  same  to  be  served  by  the 
sheriff  of  the  county  where  or  whither  such  subpoena  is 
Issued;  and  such  witnesses  shall  be  compelled  to  appear 
before  such  court  or  judge,  at  the  time  and  place  set 
forth  in  the  subpoena,  and  shall  be  compelled  to  testify 
as  to  any  knowledge  they  may  have  of  the  violations  of 
any  of  the  provisions  of  this  Act;  and  any  witness  who 
fails  or  refuses  to  attend  and  testify  shall  be  punished 
as  for  contempt,  as  provided  by  law.  Any  person  so 
subpoenaed  and  examined  shall  not  be  liable  to  criminal 
prosecution  for  any  violation  of  this  Act  about  which  he 
may  testify,  neither  shall  the  evidence  of  any  such  wit- 
ness be  used  against  him  in  any  criminal  proceeding. 
The  evidence  of  all  the  witnesses  shall,  at  the  option  of 
the  attorney-general,  be  taken  down  and  shall  be 
transcribed  and  i)Iaced  in  the  hands  of  the  attorney-general, 
and  he  shall  be  authorized  to  prosecute  such  violator  or  vio- 
lators of  this  Act  as  the  testimony  so  taken  shall  disclose. 
Witnesses  subpoenaed  as  provided  in  this  Act  shall  be 
compelled  to  attend  from  any  county   in  the  State. 

County  attorneys  to  assist  attorney-general.  §  9.  It 
shall  be  the  duty  of  the  county  attorneys  of  the  several 
■counties  of  this  State,  as  well  as  the  attorney-general  of 
the  State,  to  prosecute  all  actions  to  enforce  the  criminal 
provisions  of  this  Act. 

Certain  acts  deemed  a  conspiracy  in  restraint  of  trade. 
§  10.  It  shall  be  unlawful  for  any  person,  partnership,  firm, 
association,  corporation  or  joint  stock  company,  or  agent 
thereof,  to  issue,  or  to  own,  trust  certificates,  or  for  any  per- 
son, firm,  partnership,  association,  joint  stock  company  or 
corporation,  agent,  officer,  employe,  or  the  director  or  stock- 
holder of  any  corporation,  association  or  joint  stock 
company  to  enter  into  any  combination,  contract  or  agree- 
ment with  any  person  or  persons,  corporations  or  associa- 
tions, firm  or  firms,  partnership  or  partnerships,  or  with, 
any  stockholder,  director  or  officer,  agent  or  employe  of  the 
same,  the  purpose  or  effect  of  which  combination,  contract 
or  agreement  shall  be  to  ))lace  the  management  or  con- 
trol of  such  combination  or  combinations,  or  the  conduct 
or  operation  of  the  same,  or  the  output  or  manufactured 
product  thereof,  or  the  marketing  of  the  same  in  the  hands 
of  any  trust  or  trustees,  holding  corporation  or  association, 
firm  or  committee,  with  the  intent  or  effect  to  limit  or  fix 
the  price,  or  lessen  the  production  or  sale  of  any  i)roduct 
or  article  of  commerce,  or  the  use  or  consumption  of  the 
same,  or  to  prevent,  restrict,  limit  or  diminish  the  manu- 
facture or  output  of  any  such  article  of  commerce,  use  or 
consumption  and  every  person,  firm,  partnership,  associa- 
tion, joint  stock  company  or  corporation,  or  any  agent, 
employe,  officer  or  director  of  the  same  that  sliall  enter 
Into  the  purpose  aforesaid,  shall  be  deemed  and  adjudged 
guilty  of  conspiracy  in  restraint  of  trade,  and  punished 
as  provided  for  in  §  6  of  this  Act,  in  so  far  as  applicable, 
provided  this  section  shall  not  be  construed  to  extend 
beyond  the  scope  and  meaning  of  §  1  of  this  Act. 

Penalty  for  owning  stock  in  another  corporation.  §  H. 
Every  corporation  who  shall  own,  hold  or  control,  in  any 
manner  whatever,  the  stock  of  any  competitive  corporation 
or  corporations  engaged  in  the  same  kind  of  business,  in 
or  out  of  this  State,  in  violation  of  the  constitution  and 
laws  of  this  State,  shall  forfeit  its  charter  or  license  to  do 
business  in  this  State,  and  shall  be  subject  to  a  penalty 
of  not  less  than  $1,000,  nor  more  than  $10,000.  to  be 
recovered  at  the  suit  of  the  State  in  any  court  of  com- 
petent jurisdiction. 

Lien  for  fines  and  penalties.  §  12.  Whenever  any  cor- 
poration created  under  the  laws  of  this  State,  or  any 
foreign  corporation  authorized  to  do  business  in  this  State, 
Bhall  violate  any  law  of  this  State,  for  the  violation  of 
which  fines,  penalties  or  forfeitures  are  provided,  all  prop- 
erty of  such  corporation  within  this  State  at  the  time  of 
such  violation,  or  which  may  hereafter  come  within  this 
State,  shall,  by  reason  of  such  violation,  become  liable  for 
such  fines  or  penalties  and  for  all  costs  of  suit,  and  of 


collection.  The  State  of  Oklahoma  shall  have  a  lien  on 
all  such  property  from  the  date  that  suit  shall  be  Insti- 
tuted by  the  attorney-general  In  any  court  of  competent 
jurisdiction  within  this  State  tor  the  purpose  of  forfeiting 
the  charter  or  cancelling  the  permit  of  such  corporation, 
or  for  the  recovery  of  such  fines  or  penalties,  the  In- 
stitution of  such  suit  for  the  recovery  of  such  fines, 
I)enalties  or  forfeitures  shall  constitute  notice  of  such  lien. 
Inevitable  monopolies  declared  subject  to  price  regula- 
tion by  the  State.  §  13.  Whenever  any  business,  by  reason 
of  its  nature,  extent,  or  the  existence  of  a  virtual  monopoly 
therein,  is  such  that  the  public  must  use  the  same,  or 
its  services,  or  the  consideration  by  it  given  or  taken  or 
offered,  or  the  commodities  bought  or  sold  therein  are 
offered  or  taken  by  purchase  or  sale  in  such  a  manner  as 
to  make  it  of  public  consequence,  or  to  affect  the  com- 
munity at  large  as  to  supply,  demand  or  price  or  rate 
thereof,  or  said  businsss  is  conducted  in  violation  of  the 
first  section  of  this  Act,  said  business  is  a  public  busi- 
ness, and  subject  to  be  controlled  by  the  State,  by  the 
corporation  commission  or  by  an  action  in  any  district 
court  of  the  State,  as  to  all  of  its  practices,  i)rices.  rates 
and  charges.  And  it  is  hereby  declared  to  be  the  duty 
of  any  person,  firm  or  corporation  engaged  in  any  public 
business  to  render  its  services  and  offer  its  commodities, 
or  either,  upon  reasonable  terms  without  discrimination 
and  adequately  to  the  needs  of  the  public  considering  the 
facilities  of  said  business. 

Evidetice.  §  14.  In  all  prosecutions  or  proceedings 
under  this  Act,  it  shall  be  sufficient  to  prove  that  a  trust, 
monopoly,  combination  in  restraint  of  trade  of  commerce 
existed  without  the  period  not  barred  by  the  statute  of 
limitations,  and  was  continued  in  any  form  into  and  during 
any  portion  of  the  period  not  so  barred,  and  that  the  de- 
fendant belonged  to  it,  or  acted  for  or  in  connection  with 
It  without  proving  all  the  members  belonging  to  it,  or  prov- 
ing or  producing  any  article  or  agreement  or  any  written 
instrument  on  which  it  may  have  been  based,  or  tliat  it  was 
evidenced  by  any  written  instrument  at  all. 

Continuance  of  existing  violation.  §  15.  Any  viola- 
tion of  this  Act,  committed  before  its  passage,  and  con- 
tinued in  any  illegal  form  after  its  passage,  is  within  its 
terms. 

Remedies  apply  to  actions  pending.  §  16.  The  remedies 
provided  by  this  Act  are  applicable  to  all  pending  actions. 

Remedies  cumulative.  §  17.  Nothing  In  this  Act  shall 
abridge  or  alter  any  remedy  or  remedies  now  or  hereafter 
existing,  either  at  common  law  or  by  statute,  but  the 
provisions  of  this  Act   are  in  addition  to  such   remedies. 

In  effect  forthwith.  §  18.  An  emergency  is  hereby  de- 
clared to  exist  for  the  passage  of  this  Act,  for  the  preserva- 
tion of  the  public  safety  of  this  State,  and  this  Act  shall 
be  in  force  and  effect  from  and  after  its  passage  and 
approval. 

Approved  June  10,  1908. 

CHAPTER  18,  ARTICLE  III. 
CORPORATION  COMMISSION. 

CONTEMPT  PROCEEDINGS — PUNISHMENT. 

An  Act  providing  for  the  punishment  of  any  corporation, 

person  or  firm  for  contempt  for  the  violation  of  any 

order  or  requirement  of  the  Corporation  Commission 

of  this  State;  and  for  procedure  for  the  Commission. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Fine  for  violating  order  of  corporation  commission.  §  1. 
Any  corporation,  person  or  firm  may  be  fined  by  the  Cor- 
poration Commission,  such  sum  not  exceeding  $500,  as 
the  Commission  may  deem  proper,  for  the  violation  of 
any  of  its  rules  or  requirements,  and  each  day's  continu- 
ance of  such  violation,  after  due  service  upon  such  cor- 
poration, person  or  firm  of  the  order  or  requirement  of 
the  Commission,  shall  be  a  separate  offense;  provided,  that 
should  the  operation  of  such  order  or  requirement  b« 
suspended,  pending  an  appeal  therefrom,  the  period  of 
such  suspension  shall  not  be  computed  against  the  cor- 
poration, person  or  firm,  in  the  matter  of  its  liability  to 
fines  and  penalties. 

Punishment  as  for  contempt.  §  2.  In  case  of  failure  of 
any  corporation,  person  or  firm  to  obey  or  comply  with  any 
order  or  requirement  of  the  Corporation  Commission,  the 


1112 


National  Association  of  Railway  Commissioners 


Commission  may  punish  such  corporation,  person  or  firm, 
as  for  contempt.  Such  contempt  proceedings  may  be  insti- 
tuted by  any  citizen  of  this  State,  or  other  parties  affected 
by  such  order,  by  filing  an  affidavit  with  the  Corporation 
Commission,  setting  forth  the  Acts  of  omission  or  failure 
to  comply  with  such  order  or  requirement.  Upon  the  filing 
of  such  affidavit  or  information  above  mentioned.  It  shall 
be  the  duty  of  the  Commission  to  forward  to  such  offend- 
ing corporation,  person  or  firm  a  copy  of  such  affidavit  or 
Information,  and  shall  also  issue  citation  to  such  corpora- 
tion, person  or  firm  to  answer  at  a  time  to  be  fixed  in  the 
citation,  not  less  than  10  days  nor  more  than  20  days 
from  the  date  of  the  service  of  said  citation. 

Failure  to  answer  complaint  deemed  an  admission,  etc. 
§  3.  If  the  defendant  shall  fail  to  appear  or  file  answer 
on  the  day  mentioned  in  the  citation,  such  failure  to  ap- 
pear or  file  answer  shall  be  deemed  an  admission  of  the 
truth  of  each  and  every  material  allegation  In  such  affi- 
davit, or  information,  and  the  Commission  may  render 
judgment  without  further  hearing  or  testimony,  or  the 
Commission  may  In  its  discretion  require  additional  evi- 
dence before  rendering  judgment  In  any  case  of  default. 
Upon  the  appearance  and  filing  of  answer  of  the  defendant, 
Buch  appearance  may  be  by  plea,  demurrer  or  answer, 
and  when  the  issue  shall  have  been  settled,  the  Commis- 
sion may  hear  evidence  as  to  the  matters  and  facts  in 
reference  to  the  alleged  violation  of  the  order  or  require- 
ment, and  may  continue  the  hearing  from  time  to  time, 
and  the  defendant  shall  be  given  ample  opportunity  to  in- 
troduce proper  evidence  and  be  fully  heard  in  the  premises. 
Upon  the  conclusion  of  the  evidence  and  arguments  of 
counsel,  the  Commission  shall  render  judgment,  a  copy 
of  which  shall  be  delivered  to  the  defendant,  and  the  de- 
fendant shall  have  five  days  from  the  receipt  of  copy  of 
the  judgment  to  file  its  exceptions  thereto,  and  shall  be 
allowed  to  appeal  from  the  judgment  of  the  Commission, 
upon  its  filing  a  bond  with  the  Commission,  in  double  the 
amount  of  such  fine  or  judgment,  with  such  security  as 
may  be  required  by  the  Commission,  to  the  Supreme  Court, 
as  provided  in  other  cases.  Upon  filing  of  such  bond  with 
the  Commission  and  allowing  of  the  appeal,  the  same  shall 
operate  a  suspension  of  fine  and  judgment  appealed  from: 
Provided,  that  if  the  order  violated  for  which  such  fine 
or  judgment  is  imposed  shall  have  been  an  order  promul- 
gating or  fixing  rates,  to  be  charged  by  public  service 
corporations,  persons  or  firms,  it  shall  be  necessary  in  ap- 
pealing from  such  fine  or  judgment  for  the  defendant  to 
give  a  suspending  bond,  executed  and  filed  with  and  ap- 
proved by  the  Commission,  payable  to  the  State,  and  suffi- 
cient in  amount  and  security  to  insure  the  prompt  refund- 
ing by  the  appealing  corporation,  person  or  firm,  to  the 
parties  entitled  thereto,  of  all  charges  which  such  com- 
pany may  collect  or  receive,  pending  the  appeal,  in  excess 
of  those  fixed  or  authorized  by  the  order  of  the  Com- 
mission violated  or  disregarded  by  such  corporation,  per-* 
son  or  firm.  Such  bond  shall  be  conditioned  to  require 
such  corporation,  person  or  firm  to  keep  such  accounts 
and  to  make  to  the  Commission  from  time  to  time  such 
report,  verified  by  oath,  as  may  in  the  judgment  of  the 
Commission  sufl^ce  to  show  the  amount  being  charged  or 
received  by  the  company,  pending  the  appeal,  in  excess 
of  the  charge  prescribed  by  the  Commission  In  the  order 
violated,  together  with  the  names  and  addresses  of  per- 
sons to  whom  such  overcharges  will  be  refunded  in  case 
the  charges  made  by  the  company  pending  the  appeal  be 
not  sustained  on  the  final  judgment,  and  the  Commission 
may  at  any  time  require  such  corporation,  person  or  firm 
to  give  additional  security  or  to  increase  the  suspending 
bond  when  the  same  may  appear  to  the  Commission  to  be 
necessary  to  Insure  the  prompt  refunding  of  the  over- 
charges aforesaid.  Upon  the  final  judgment,  if  the  order 
violated  is  sustained  in  the  Supreme  Court,  the  Commis- 
sion shall  distribute  such  overcharges  to  the  persons  to 
whom  the  same  are  due,  as  provided  in  §  21,  article  9, 
of  the  Constitution:  Provided,  further,  that  if  the  order 
violated  is  one  fixing  or  establishing  rates  and  the  cor- 
poration, person  or  firm  shall  obey  such  order  and  carry  Its 
provisions  into  effect  pending  such  appeal,  the  last  above 
mentioned  bond  shall  not  be  required. 

Appeals — Commission  cases   to  have  precedence.     §   4. 
In  case  of  an  appeal  to  the  Supreme  Court  from  the  judg- 


ment  of  the  Corporation  Commission  as  herein  provided, 
all  cases  so  appealed  shall  have  precedence  therein,  except 
as  provided  in  the  Constitution,  and  it  shall  be  the  duty  of 
the  Supreme  Court  to  advance  the  same  on  the ,  docket 
for  Immediate  consideration  and  proceed  to  final  Judgment 
without  any  unnecessary  delay. 

Judgments  and  fines  to  he  first  lien.  §  5.  All  judgments 
or  fines  assessed  against  any  corporation,  person  or  firm, 
for  the  violation  of  any  order  or  relinquishment,  as  herein 
provided,  shall  be  a  first  lien  on  all  property  of  such  cor- 
poration, person  or  firm  within  this  State,  and  it  shall  be 
the  duty  of  the  Corporation  Commission,  If  such  judgment 
or  fine  Is  not  paid  within  30  days  after  the  rendition  of 
such  judgment  or  fine,  to  issue  an  execution,  directed  to  the 
marshal  of  the  Corporation  Commission,  commanding  him 
to  seize  sufficient  property  of  such  corporation,  person  or 
firm,  to  satisfy  the  fine  or  judgment.  And  it  shall  be  the 
duty  of  the  marshal  to  sell  or  dispose  of  properties  levied 
on  by  reason  of  an  execution  Issued  by  the  Commission,  in 
like  manner  as  now  required  by  sheriffs  of  this  State,  for 
the  sale  of  property  levied  on  by  virtue  of  an  executij 
issued  on  a  judgment  of  a  District  Court.  'J 

Proceedings  when  decree  of  commission  is  affirmed. 
In  cases  appealed  to  the  Supreme  Court,  as  provided  in 
this  Act,  if  the  judgment  of  the  Commission  Is  affirmed, 
it  shall  be  the  duty  of  the  Supreme  Court,  upon  entering^ 
such  judgment,  to  direct  the  clerk  of  the  court  to  dell  /er 
to  the  Commission  a  certified  copy  of  such  judgment,  i^nd 
upon  receipt  of  such  certified  judgment,  the  Corporation 
Commission  shall  within  10  days,  if  such  judgment  <  nd 
costs  shall  not  have  been  paid,  enter  judgment  against  he 
sureties  on  the  appeal  bond,  without  further  notice  or 
hearing,  and  shall  within  30  days  from  the  rendition  of 
such  judgment  against  the  sureties  of  said  appeal  or  sus- 
pending bonds,  if  the  same  shall  not  have  been  paid,  is:  ue 
an  execution  against  the  corporation,  person  or  firm,  i  nd 
the  sureties  of  said  appeal  or  suspending  bonds  as  i  ro- 
vided  in  §  5  of  this  Act.  If  the  judgment  of  the  Comr  is- 
sion  is  reversed  or  modified  by  the  Supreme  Court,  ha 
same  shall  be  remanded  to  the  Commission  with  insti  ic- 
tion  to  change  or  modify  the  former  judgment  of  he 
Commission  to  conform  to  the  opinion  of  the  Supre  ne 
Court.  The  Supreme  Court  may  remand  any  case  for  a(  di- 
tiohal  evidence  or  rehearing,  and  make  such  final  or  ier 
or  judgment  in  the  case  as  the  court  may  deem  proper. 

Fines  to  go  to  the  State.  §  7.  All  moneys  collec  ed 
by  the  Corporation  Commission  under  this  Act  shall  bo 
paid  into  the  treasury  of  the  State. 

Judgment  to  include  costs.  §  8.  In  all  cases  where 
fines  or  judgments  are  assessed  against  an  offending  <  or- 
poration,  person  or  firm,  for  the  violation  of  any  or  Ier 
or  requirement  of  the  Commission,  as  provided  in  (his 
Act,  judgment  shall  be  rendered  against  the  defendant  for 
all  costs  which  shall  include  the  following:  Witness  i?ea 
at  $1.50  per  day,  with  necessary  mileage  at  5  cents  per 
mile,  to  and  from  the  place  of  hearing  to  the  reside  ice 
of  the  witness.  The  fees  of  the  marshal  to  the  Comi  lis- 
eion,  the  same  as  now  allowed  to  sheriffs  for  like  services 
In  this  State;  $10  docket  fee,  including  all  fees  for  filing 
and  certifying  papers  and  documents,  except  necessary  fee 
for  transcribing  the  record,  10  cents  for  each  folio  of  100 
words;  and  in  the  Supreme  Court  the  same  fees  as  are 
charged  in  cases  appealed  from  the  District  Court  of  ■  his 
State  to  the  Supreme  Court.  , . 

Attorney-general  to  act  for  commission.  |  9.  It  si 
be  the  duty  of  the  attorney-general  to  prosecute  all 
ceedings  instituted  under  the  provision  of  this  Act,  for  the 
violation  of  any  of  the  orders  of  the  Corporation  Commis- 
sion, to  final  judgment. 

Testimony  iefore  a  single  commissioner.  §  10.  At  any 
time  a  cause  Is  set  for  hearing  and  a  quorum  of  the  com- 
mission should  not  be  present  at  the  time  set  for  said  hear- 
ing, any  member  thereof  may  adjourn  the  hearing  to  some 
future  time  or  said  commissioner  present  may  proceed  to 
take  the  testimony,  which  shall  be  transcribed  and  sub- 
mitted to  the  commission  before  consideration  thereof; 
said  testimony  so  taken  shall  be  submitted  to  the  com- 
mission taking  the  same.  The  commission  Is  further  au- 
thorized at  a  time  and  place  fixed  by  the  commission  to 
have  depositions  taken  upon  the  application  of  either  party 
to  any  cause  pending  before  It,  or  upon  its  own  motion; 


are 
hi*. 

i 


Public  Seuvice  Laws 


1113 


and  it  is  further  authorized  to  designate  a  person  to  take 
depositions  under  such  rules  and  regulations  as  may  be 
prescribed  by  the  commission. 

In  effect  forthwith.  §  11.  An  emergency  is  hereby  de- 
clared to  exist,  by  reason  whereof  it  is  necessary  for  the 
Immediate  preservation  o£  the  public  peace  and  safety  that 
this  Act  shall  take  effect  from  and  after  its  passage  and 
approval. 

Approved  May  29,  1908. 

CHAPTER  72,  ARTICLE  III. 

PBOTECTION    OF    KAILROAU    MEN. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Unlawful  to  order  employe  into  steam  boiler,  etc.  |  1. 
It  shall  be  unlawful  for  any  railroad  corporation,  company 
or  any  other  person,  firm  or  corporation,  using  steam  boil- 
ers, to  either  by  themselves  or  their  agents,  command, 
insist  or  order  any  of  their  employes  to  enter  any  steam 
boiler,  fire  box,  or  smoke  chamber  thereto,  for  the  purpose 
of  repairing  or  cleaning  the  same  or  for  any  other  purpose 
when  the  same  is  under  steam  pressure. 

Violation  of  %  1  a  felony.  §  2.  Any  officer,  superin- 
tendent, foreman,  boss,  or  other  person  in  authority  who, 
on  behalf  of  any  railroad  corporation  or  any  other  person, 
firm  or  corporation,  using  steam  boilers,  violating  any  of 
the  provisions  of  §  1  of  this  Act,  shall  be  deemed  guilty  of 
a  felony,  and  shall,  upon  conviction,  be  punished  by  Im- 
prisonment for  a  period  of  not  less  than  six  months  nor 
more  than  two  years. 

Manslaughter  if  death  results.  §  3.  Should  any  em- 
ploye enter  such  boiler,  fire  box,  or  smoke  chamber, 
while  the  same  is  under  pressure  of  steam,  at  the  com- 
mand or  order  of  his  employer,  or  the  agent  of  such  em- 
ployer, and  while  inside  of  such  boiler,  fire  box  or  smoke 
chamber  meet  with  an  accident  resulting  in  his  death,  the 
person  or  persons  commanding  or  ordering  him  to  enter 
such  boiler,  fire  box  or  smoke  chamber  shall  be  guilty  of 
manslaughter  in  the  second  degree,  and  on  conviction 
therefor  shall  be  punished  by  imprisonment  in  the  peni- 
tentiary at  hard  labor  not  less  than  two  years  nor  more 
than  10  years. 

Right  of  action  for  damages.  §  4.  The  fact  that  em- 
ploye entering  such  steam  boiler,  fire  box,  or  smoke  cham- 
ber had  knowledge  of  the  unsafe  condition  of  such  steam 
boiler,  and  danger  in  so  doing,  and  meeting  with  an  acci- 
dent, shall  not  deprive  him  of  a  right  of  action  against  such 
employer  for  damages,  and  should  said  accident  result  In 
the  death  of  such  employe,  then  the  wife  or  next  of  kin 
shall  have  a  right  of  action  against  such  employer  for  any 
damages  she,  they  or  the  estate  of  such  deceased  em- 
plo.ve  may  sustain  by  reason  of  the  death  of  such  employe, 
which  action  may  be  commenced  in  any  court  of  compe- 
tent jurisdiction. 

Approved  March  23,  1908. 

CHAPTER  18,  ARTICLE  IV. 

TO     TKEVENT     l)E.STiaiCT10X     OF     BOOKS     AND     ItECORDS. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Refusal  to  allow  commission  to  examine  books  a  misde- 
meanor. §  1.  If  any  officer  of  any  railroad  company  or 
other  public  service  corporation,  or  of  any  other  corpora- 
tion, or  any  other  person,  in  violation  of  the  provisions 
of  article  9,  §  28,  of  the  constitution  of  the  State  of 
Oklahoma,  shall  refuse  to  permit  the  Corporation  Com- 
missioners or  either  of  them,  or  any  person  authorized 
thereto,  to  examine  its  books  and  papers,  such  officer  or 
other  person  so  refusing  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  each  day  such  officers  or  other  person  shall 
fail  or  refuse  to  permit  such  examination  or  investigation, 
shall  constitute  a  separate  offense,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  ?25 
nor  more  than  $500,  and  by  imprisonment  In  the  county 
jail  for  not  less  than  30  days  nor  more  than  one  year. 

Punishable  by  fine  and  imprisonment.  §  2.  It  any  of- 
ficer of  any  corporation  in  violation  of  article  2,  §  28,  of 
the  Constitution  of  the  State  of  Oklahoma  shall  refuse  to 
permit  any  person  authorized  by  the  State,  to  examine  Its 
papers,  books  and  files,  such  officer  or  other  person  so 
refusing  shall  be  deemed  guilty  of  a  misdemeanor,  and 
each  day  such  officer  or  other  person  shall  fail  or  refuse  to 


permit  such  investigation  or  examination  shall  constitute 
a  separate  offense,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  ?25  nor  more  than 
$500,  and  by  imprisonment  in  the  county  jail  for  not  less 
than  30  days  nor  more  than  one  year. 

Felony  to  conceal  or  destroy  records,  etc.  §  3.  Any 
person  who  shall  conceal,  destroy  or  mutilate,  or  attempt 
to  conceal,  destroy,  or  mutilate,  any  records,  books  or  files 
of  any  corporation  transacting  business  In  this  State  for 
the  purpose  of  defeating,  hindering  or  delaying  any  ik- 
vestigation,  prosecution  or  suit  at  law  or  equity,  or  any 
cause  of  action  in  any  vested  rights  of  any  citizen  of  this 
State,  shall  be  deemed  guilty  of  a  felony,  and  upon  con- 
viction thereof  shall  be  punished  by  imprisonment  in  the 
State  penitentiary  for  not  less  than  one  year  nor  more 
than  five  years. 

Remedy  cumulative.  §  4.  Provided,  however,  That  noth- 
ing herein  contained  shall  be  construed  to  cancel  or  alter 
the  penalty  now  prescribed  by  the  Constitution  against 
such  corporations,  for  refusing  to  permit  an  investigation 
and  examination  of  its  books,  records  and  files. 

In  effect  forthwith.  §  5.  For  the  preservation  of  the 
public  health,  peace  and  safety  an  emergency  is  hereby  de- 
clared to  exist  by  reason  whereof  this  Act  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  approval. 

Approved  March  28,  1908. 

SESSION  LAWS,   1907-1908. 
CHAPTER   18,   ARTICLE   II. 

CORPOHATTON     CO.MillS.SlO.N — .)  UKISDICTIOX     EXTENDED. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Railroads  to  make  physical  connection  at  junction  points. 
§  1.  That  every  railroad  company  operating  a  railroad  in 
this  State  shall  make  such  physical  connections,  transfers 
and  switching  facilities  at  all  junction  points  and  at  all 
Incorporated  towns  where  one  or  more  railroads  enter  or 
are  included  in  said  town,  as  may  be  ordered  and  directed 
by  the  corporation  commission  of  this  State. 

Provided,  that,  the  corporation  commission  is  also 
hereby  authorized,  when  the  public  interests  can  be  pro- 
moted, to  require  physical  connections  between  two  or  more 
lines  of  railways,  where  the  same  is  practicable,  regardless 
of  whether  the  roads  cross  one  another  or  not. 

Corporation  co7nmission  to  investigate.  §  2.  The  cor- 
poration commission  shall  have  full  power  and  it  shall  be 
the  duty  of  said  commission  to  investigate  all  complaints 
in  reference  to  the  physical  connections,  transfers,  depots, 
switching  facilities  at  all  junction  points  and  incorporated 
towns,  villages  and  communities,  and  upon  investigation 
of  said  complaint  or  upon  its  own  motion  the  said  com- 
mission may  require  any  railroad  companies  to  make  such 
physical  connections  or  to  establish  and  maintain  union 
depots,  transfer  and  switching  facilities  as  the  public  in- 
terests may  require. 

Provided,  however,  the  corporation  commission  may 
make  its  order  requiring  such  physical  connections,  trans- 
fer and  switching  facilities  in  any  incorporated  town  on 
condition  that  such  necessary  additional  rights  of  way 
therefor  be  furnished  the  railroad  company  making  such 
physical  connections  free,  or  at  such  reasonable  cost  as  in 
the  judgment  of  the  commission  may  be  fair  and  reason- 
able to  the  people  and  such  companies. 

Expense  to  be  apportioned.  §  3.  The  expenses  incurred 
In  the  construction  and  maintenance  of  the  physical  connec- 
tions, union  depots,  transfer  and  switching  facilities  men- 
tioned in  the  preceding  sections  of  this  Act  shall  be  borne 
by  the  companies  operating  the  different  lines  of  railroad 
as  such  companies  may  agree,  and  in  case  of  disagreement 
the  corporation  commission  shall  determine  the  expense 
to  be  borne  by  each,  from  which  order  the  railroad  com- 
pany or  companies  may  appeal,  as  In  other  cases  provided. 

Repeal.  §  4.  All  laws  and  parts  of  laws  In  confiict 
herewith  are  hereby  repealed. 

In  effect  forthwith.  §  5.  An  emergency  is  hereby  de- 
clared, by  reason  whereof  it  Is  necessary  for  the  Immediate 
preservation  of  the  public  peace,  health  and  safety  that 
this  Act  take  effect  from  and  after  its  passage  and  ap- 
proval. 

Approved  May  20,  1908. 


1114 


National  Association  of  Railway  Commissioners 


CHAPTER  13,  ARTICLE  III. 

CORPORATIONS OVERCHARGES — SCHEDULES. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Overcharges  prohibited.  I  1.  All  agents  of  railroad  and 
express  companies  doing  business  in  this  State  are  hereby 
prohibited  from  knowingly  charging,  collecting  or  receiving 
pay  for  any  goods,  wares,  packages,  merchandise,  or  any 
article  whatever  that  may  be  sent  or  received  by  or 
through  their  respective  offices  in  excess  of  the  regular 
rates  charged  for  the  same. 

Agents  to  collect  only  regular  rates.  §  2.  All  agents 
or  operators  for  any  telegraph  or  telephone  company  doing 
business  in  this  State  are  hereby  prohibited  from  know- 
ingly charging,  collecting  or  receiving  pay  for  any  mes- 
sage sent  or  received  by  them  in  excess  of  the  regular  rate 
charged  for  the  same. 

Carriers  to  keep  schedules  of  rates.  §  3.  In  order  to 
ascertain  what  the  regular  charges  of  such  companies  are, 
all  railroad,  express,  telegraph  and  telephone  companies 
doing  business  in  this  State  are  hereby  required  to  keep 
in  all  their  offices  in  this  State,  a  schedule  of  the  regular 
rates  charged  by  them,  which  shall  be  open  to  the  inspec- 
tion of  any  person  Interested  therein. 

Penalty.  §  4.  Any  person  who  shall  violate  the  pro- 
visions of  §§  1  and  2  of  this  Act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  $25  nor  more  than  $200. 

Penalty  for  refusal  to  shoiv  schedule.  §  .^.  Any  agent 
of  any  railroad,  express,  telegraph,  or  telephone  company 
who  shall  fail  or  refuse  to  show  the  schedule  of  rates  of 
said  company  to  any  person  or  persons  interested  therein, 
and  allow  him  or  them  to  examine  the  same  as  provided 
in  S  3,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than 
$100  nor  more  than  $500. 

Repeal.  §  6.  All  laws  and  parts  of  laws  in  conflict 
with  this  Act  are  hereby  repealed. 

Approved  May  26,  1908. 

CHAPTER   18,   ARTICLE    II. 
CORPORATIONS. 

HOLDING   REAL   ESTATE. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Corporations  not  to  hold  real  estate — Exceptions.  §  1. 
That  all  corporations  formed  under  the  laws  of  this  State 
shall  be  bodies  corporate  for  the  period  for  which  they  are 
organized  and  chartered,  unless  such  license  or  charter  be 
altered  or  amended  as  provided  by  law,  or  unless  the  same 
be  forfeited  or  revoked  prior  to  the  expiration  thereof; 
may  sue  and  be  sued;  may  have  a  common  seal  which  they 
may  alter  or  renew  at  pleasure;  may  own,  possess,  and 
enjoy  so  much  real  estate  as  shall  be  necessary  and  proper 
for  carrying  on  the  business  for  which  each  of  such,  re- 
spectively, is  licensed  or  chartered,  and  may  sell  and  dis- 
pose of  the  same  when  not  required  for  the  use  of  the  cor- 
poration: Provided,  that  no  corporation  shall  be  created, 
licensed,  or  chartered  in  this  State  for  the  purpose  of  buy- 
ing, acquiring,  selling,  trading  or  dealing  in  real  estate 
other  than  real  estate  located  in  incorporated  cities  and 
towns,  and  as  additions  to  such  cities  and  towns;  nor  shall 
any  corporation  doing  business  in  this  State  buy,  acquire, 
sell,  trade  or  deal  in  real  estate  for  any  purpose,  except 
such  lands  as  may  be  located  in  incorporated  cities  and 
towns  and  as  additions  thereto,  and  except  such  as  shall 
be  necessary  and  proper  for  carrying  on  the  business  for 
which  such  corporation  was  licensed  or  chartered,  nor 
shall  any  corporation  be  created,  licensed,  or  chartered 
to  do  business  in  this  State,  for  the  purpose  of  acting  as 
agent  in  buying  or  selling  real  estate,  except  as  herein 
provided:  Provided,  however,  that  corporations  shall  not 
be  precluded  from  taking  mortgages  on  real  estate  to  secure 
loans  or  debts  or  from  acquiring  title  thereto  upon  fore- 
closure of  such  mortgages  or  in  the  collection  of  debts, 
conditioned  that  such  corporation  or  corporations  shall 
not  hold  any  real  estate  so  acquired  for  a  longer  period 
than  seven  years,  and  conditioned  that  disposition  of 
incumbrance  of  such  land  shall  in  no  way  be  made  to 
another  corporation,  or  corporations:  Provided,  however, 
that  this  section  shall  not  apply  to  trust  companies  taking 
only  the  naked  title  to  real  estate  in  this  State,  as  trustee. 


to  be  held  solely  as  security  for  indebtedness  pursuant  tO' 
such  trust. 

To  sell  real  estate  within  seven  years.  %  2.  Every  cor- 
poration doing  business  in  this  State  which  owns  real 
estate,  other  than  real  estate  within  the  corporate  llmltt 
of  cities  and  towns,  or  either  of  such,  at  the  time  this  Act 
becomes  effective,  shall,  unless  the  same  shall  be  neces- 
sary and  proper  for  carrying  on  the  business  for  which 
such  corporations  are  licensed  or  chartered,  sell  and  dis- 
pose of  said  real  estate  within  a  period  of  seven  years: 
Provided,  further,  that  all  corporations  which  may  here- 
after acquire  title  to  real  estate  upon  foreclosure  of  mort- 
gage or  in  collection  of  debts  shall  dispose  of  said  real 
estate  within  a  period  of  seven  years  from  the  date  said 
title  was  acquired:  Provided,  further,  that  if  at  the  ex- 
piration of  seven  years  from  the  dates  heretofore  respec- 
tively mentioned,  if  such  lands  remain  unsold,  then  in 
either  case  it  shall  be  the  duty  of  the  county  attorney  of 
the  county  in  which  such  real  estate  is  situated  to  proceed 
by  information  in  the  name  of  the  people  of  the  State  of 
Oklahoma  against  such  corporation  in  the  District  Court 
of  such  county,  and  such  court  shall  herein  determine  the 
facts  and  proceed  against  said  property  as  in  case  of 
escheat. 

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ich 
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Corporations  to  file  list  of  holdings.  |  3.  The  pi 
dent,  secretary  or  treasurer  of  every  corporation  hold 
any  lands,  which  under  the  provisions  of  this  Act  t 
will  be  required  to  sell,  shall,  within  20  days  from  the  1 
day  of  January  in  each  year,  file  in  the  office  of  the 
poration  commission  a  list  of  all  such  lands,  setting  f( 
a  description  of  same,  together  with  the  date  upon  wl 
such  real  estate  was  acquired,  and  the  amount  of 
claims  of  such  corporation  in  the  satisfaction  of  wl 
same  was  acquired;  such  statement  shall  be  verified  by 
oath  of  such  president,  secretary,  or  treasurer,  and  a  di 
cate  of  same  properly  verified  shall  be  filed  and  recor 
in  the  office  of  the  register  of  deeds  of  the  countj 
which  such  real  estate  is  located.  J 

Statute  to  apply  to  foreign  corporations.  §  4.  The 
visions  of  this  Act  shall  apply  to  all  corporations  d( 
business  in  this  State,  whether  formed  under  the  law 
this  State,  under  laws  previously  in  force  in  any 
thereof,  or  under  the  laws  of  any  other  State,  Terri 
or  government;  and  no  foreign  corporation  shall  be  relh 
from  compliance  witli  the  requirements  made  of  dome 
corporations  by  the  provisions  of  this  Act,  or  any  lal 
this   State.  i 

In  effect  forthwith.     §  5.    An  emergency  is  hereby 
clared  by  reason  whereof  it  is  necessary  for  the  immed 
preservation   of  the  public   health,  peace  and   safety 
this  Act  take  effect  from  and  after  its  passage  and  appr< 

Approved  May  26,  1908. 


Ing 
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de- 
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CHAPTER   88. 
APPROPRIATION. 

DEFENSE  OF  RAILROAD  SUITS  IN  FEDERAL  COURTS 

£e  it  enacted  by  the  people  of  the  State  of  Oklahoma : 

Appropriation  of  $60,000.  §  1.  There  is  hereby  appr  ipri 
ated  out  of  any  money  in  the  treasury  of  the  Stat  >  ol 
Oklahoma  not  otherwise  appropriated,  the  sum  of  $60,000 
or  so  much  thereof  as  may  be  necessary,  to  be  apporti  met 
between  the  corporation  commission  and  the  attoi  neyi 
general  in  the  manner  hereinafter  named.  The  ;,tat« 
auditor  shall  draw  warrants  upon  the  State  treasurj  foi! 
such  portion  thereof  as  may  be  found  to  be  due  upor  th^ 
auditing  of  the  respective  claims  in  favor  of  the  peisuni 
to  whom  such  claims  are  allowed. 

To  commission  $50,000.  §  2.  Of  said  amount  hireli 
appropriated  the  sum  of  $50,000  is  apportioned  to  sucl 
corporation  commission  to  be  used  solely  in  payment  o 
the  traveling  expenses  of  such  commissioners  and  em 
ployes  and  in  the  payments  for  services  of  addlt.ona 
employes  as  in  the  judgment  of  the  said  commission  may  bi 
necessary  and  proper  in  the  defense  of  suits  in  the  Felera 
courts  and  in  appeals  therefrom  and  for  the  printing  am 
payment  of  any  other  expenses  incident  and  necessary  li 
the  defense  in  said  cases.  All  claims  drawn  against  salt 
amount  of  $50,000  to  be  approved  by  the  chairman  of  sai( 
corporation  commission  and  vouchers  drawn  in  the  samt 
manner  as  for  claims  drawn  upon  other  appropriations  i» 
said  department. 


I'uBLic  ISeuvice  Laws 


1115 


To  attorney-general  $10,000.  §  3.  Of  said  appropriation 
the  sum  of  $10,000  is  appropriated  for  the  attorney-general 
or  so  much  thereof  as  may  be  necessary  to  be  used  for  the 
payment  of  additional  attorneys  to  defend  suits  instituted 
by  various  railroad  companies  against  the  State  of  Okla- 
homa in  the  Federal  courts. 

In  effect  forthwith.  §  4.  An  emergency  is  hereby  de- 
clared by  reason  whereof  it  is  necessary  for  the  immediate 
preservation  of  the  public  peace  and  safety  that  this  Act 
take  effect  from  and  after  its  passage  and  approval. 

Approved  March  24,  1910. 

CHAPTER   10,  ARTICLE   III. 

RAILROAD   CORPORATIONS HOW  DOMESTICATED. 

Be  it  enacted  iy  the  people  of  the  State  of  Oklahoma: 

Railroad  corporations  chartered  under  State  laws  de- 
clared to  be  domestic  corporations.  §  1.  Every  railroad 
corporation  organized  under  the  laws  of  the  Territory  of 
Oklahoma  or  the  Indian  Territory  prior  to  the  taking  ef- 
fect of  the  constitution  of  this  State  and  within  three  years 
before  said  date,  and  that  has  heretofore  or  shall  within 
two  years  from  the  taking  effect  of  this  Act,  in  good  faith, 
comply  with  the  provisions  of  the  constitution  of  this 
State  and  shall,  in  good  faith,  commence  the  construction 
of  its  works  contemplated  in  its  articles  of  incorporation 
or  organization,  is  hereby  declared  to  be  a  domestic  corpora- 
tion under  the  constitution  and  laws  of  this  State. 

Foreign  corporations  doing  business  in  State  are  domes- 
tic corporations.  §  2.  Every  railroad  corporation  organ- 
ized under  the  laws  of  any  other  State  or  Territory  or  of 
the  United  States,  that  has  complied  with  the  laws  of  the 
Territory  of  Oklahoma  or  of  the  Indian  Territory,  within 
three  years  before  the  taking  effect  of  the  constitution  of 
this  State,  to  authorize  such  corporations  to  transact  busi- 
ness in  either  or  both  such  Territories  and  organized  for 
the  purpose  of  constructing  its  line  of  railroad  through  the 
Territory  of  Oklahoma  or  Indian  Territory,  or  either  or 
both  of  them,  are  hereby  authorized  and  empowered  to 
construct,  maintain  and  operate  its  railroad  with  all  proper 
branches  or  extensions  thereof  through  the  State  of  Okla- 
homa or  any  part  thereof  formerly  constituting  the  Terri- 
tory of  Oklahoma  or  Indian  Territory  or  either  or  both  of 
them,  by  complying  with  the  conditions  of  this  Act  and  the 
constitution  of  this  State  and  are  hereby  declared  to  be 
domestic  corporations,  under  the  constitution  and  laws  of 
this  State. 

Foreign  corporations  may  construct  lines  through  State. 
§  3.  Any  railroad  corporation  organized  under  the  laws  of 
any  other  State  or  Territory  whose  chartered  line  or  route 
passes  through  the  Territory  of  Oklahoma  or  Indian  Ter- 
ritory or  either  or  both  of  them,  and  that  shall  file  with 
the  secretary  of  state  of  this  State  a  resolution  of  Its  board 
of  directors,  duly  certified  by  its  president  organiza- 
tion, is  hereby  authorized  to  prescribe  its  line  or  route 
through  the  State  of  Oklahoma  by  filing  with  the  secretary 
of  state  a  copy  of  a  resolution  of  its  board  of  directors  de- 
scribing the  same  and  a  map  duly  certified  by  its  president 
and  chief  engineer  showing  such  route,  provided  such  route 
may  be  changed  on  account  of  engineering  difficulties  or 
for  other  sufficient  reasons  by  resolution  of  its  board  of 
directors  and  a  duly  certified  copy  of  such  resolutions  and 
a  map  showing  such  change  in  its  route  shall  be  filed  with 
the  secretary  of  state. 

Foreign  corporations  may  do  business  in  State.  §  4. 
Every  railroad  corporation  organized  under  the  laws  of 
any  other  State  or  Territory,  or  the  United  States,  that 
within  three  years  before  the  taking  effect  of  the  consti- 
tution of  this  State  shall  have  complied  with  the  laws  of 
the  Territory  of  Oklahoma,  or  Indian  Territory,  to  author- 
ize such  corporation  to  transact  business  in  the  Territory 
of  Oklahoma  or  Indian  Territory,  or  either  or  both  of  them, 
and  that  shall  file  with  the  secretary  of  this  State  a  resolu- 
tion of  Its  board  of  directors  duly  certified  by  its  president 
and  attested  by  its  secretary  under  the  seal  of  such  cor- 
poration accepting  the  provisions  of  the  constitution  of 
this  State  and  agreeing  that  the  constitution  and  laws  of 
this  State  applying  to  domestic  corporations  shall  apply 
to  such  corporation  in  all  respects,  is  hereby  declared  to  be 
a  domestic  corporation  under  the  constitution  and  laws 
of  this  State. 

Foreign  corporations  doing  business  in  the  State  to  pay 
fees  to  State.     §.  5.     Every  railroad  corporation  organized 


under  the  laws  of  any  other  State  or  Territory,  or  the 
United  States,  that  shall  have  within  the  three  years 
prior  to  the  taking  effect  of  the  constitution  of  this  State, 
complied  with  the  laws  of  the  Territory  of  Oklahoma  or  In- 
dian Territory  to  authorize  such  corporation  to  transact 
business  within  the  Territory  of  Oklahoma  or  of  the  Indian 
Territory,  or  either  or  both  of  them,  and  shall  have  compiled 
with  the  provisions  of  this  Act,  whose  chartered  line  or 
route  shall  pass  through  other  States  or  Territories,  or  other 
States  and  Territories  and  the  Territory  of  Oklahoma  or  In- 
dian Territory,  or  either  or  both  of  them,  and  the  capital 
stock  of  which  as  provided  in  its  articles  of  incorporation 
was  or  is  sufficient  to  construct  its  contemplated  railroad  and 
which  has  been,  or  is,  in  order  to  construct  the  same,  re- 
quired by  necessity  to  Increase  its  capital  stock,  such  cor- 
poration that  has  increased  or  may  increase  its  capital 
stock  under  the  laws  of  the  State  or  Territory  of  its  crea- 
tion, may  file  with  the  secretary  of  state  of  this  State  a 
certified  copy  of  the  proceedings  of  its  board  of  directors 
and  stockholders  authorizing  such  increase,  and  a  certificate 
of  its  chief  engineer,  under  oath,  showing  the  estimated 
cost  of  its  main  line,  side  track  and  permanent  improve- 
ments in  the  State  and  such  corporation  shall  pay  to  the 
secretary  of  state  one-tenth  of  1  per  cent  of  such  estimated 
cost,  and  such  other  fees  as  required  by  law,  without  being 
required  to  pay  to  the  State  of  Oklahoma  the  per  cent  fee 
required  under  chapter  13,  article  1,  of  the  Session  Laws 
of  Oklahoma,  1907-8. 

Domestic  corporations  making  improvements  to  pay  fees 
to  State.  §  6.  Every  railroad  corporation  organized  under 
the  laws  of  the  Territory  of  Oklahoma  or  of  the  Indian 
Territory  within  three  years  prior  to  the  taking  effect  of 
the  constitution  of  this  State,  that  has  complied  with  the 
constitution  of  this  State,  and  the  capital  stock  of  which, 
as  provided  in  its  articles  of  incorporations,  was  or  is  in- 
sufficient to  construct  its  contemplated  railroad,  and  which 
has  been,  or  is,  in  order  to  construct  the  same,  required  by 
necessity  to  increase  its  capital  stock,  such  corporation  may 
Increase  its  capital  stock  under  the  laws  of  this  State, 
and  may  file  with  the  secretary  of  state  of  this  State,  a 
certified  copy  of  the  proceedings  of  its  board  of  directors 
and  stockholders  authorizing  such  increase,  and  a  cer- 
tificate of  its  chief  engineer  under  oath  showing  the  esti- 
mated cost  of  Its  main  lines,  side  tracks,  and  permanent 
Improvements  In  the  State,  and  such  corporation  shall  pay 
to  the  secretary  of  state  one-tenth  of  1  per  cent  of  such 
estimated  cost,  without  being  required  to  pay  to  the  State- 
of  Oklahoma  the  per  cent  fee  required  under  chapter  13, 
article  1,  of  the  Session  Laws  of  Oklahoma  of  1907-8,  pro- 
vided that  such  corporation  shall  pay  all  other  fees  re- 
quired by  law. 

Forfeiture  of  rights  under  charter.  S  7.  Every  rail- 
road corporation  accepting  the  benefits  of  this  Act  organ- 
ized under  the  laws  of  any  other  State  or  Territory  or 
of  the  United  States,  or  the  Territory  of  Oklahoma  or  the 
Indian  Territory,  that  shall  not  within  two  years  com- 
mence, in  good  faith.  Its  works  as  contemplated  in  its 
charter,  shall  forfeit  all  rights  hereunder. 

Domestic  corporation  claiming  domicile  in  another  State 
forfeits  charter  rights.  §  8.  An  attested  copy  of  the 
writing,  in  which  any  corporation  which  becomes  a  do- 
mestic corporation  hereunder,  claims  a  domicile  elsewhere 
than  in  this  State,  shall  be  forthwith  made  out  by  the  clerk 
of  the  court  in  which  such  writing  is  filed,  and  shall  be 
mailed  by  such  clerk  to  the  secretary  of  state.  When 
such  attested  copy  Is  received  by  said  secretary  of  state,  he 
shall  immediately  enter  upon  the  records  of  his  office  an 
order  cancelling  and  annulling  all  charter  rights  of  such 
corporation  and  such  corporations  shall  thereafter  enjoy 
only  the  privileges  of  a  foreign  corporation  and  shall  for- 
feit all  rights  hereunder. 

Approved  March  11,  1909. 

CHAPTER    72,    ARTICLE    I. 

RAILROADS EQUIPMENT   OF   ENGINES. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Headlights  of  1,500  candlepower  required.  §  1.  Every 
company,  corporation,  lessee,  manager  or  receiver,  owning 
or  operating  a  railroad  in  this  State,  is  hereby  required  to 
equip  and  maintain  and  use  upon  each  and  every  locomo- 
tive' being  operated  in  road  service  in  this  State,  an  electric 
or  other  headlight  of  at  least  1,500  candlepower,  measured 
without  the  aid  of  refiector:    Provided,  that  this  Act  shall 


1116 


National  Association  of  Railway  Commissioners 


not  apply  to  locomotive  engines  regularly  used  in  switching 
cars  or  trains.  And  provided,  further,  that  this  Act  shall 
not  apply  to  locomotive  engines  used  exclusively  between 
sun  up  and  sun  down,  nor  going  to  nor  returning  from  re- 
pair shops  when  ordered  In  for  repairs. 

Penalty.  §  2.  Any  railroad  company,  or  the  receiver  or 
lessee  thereof,  doing  business  in  the  State  of  Oklahoma, 
which  shall  violate  the  provisions  of  this  Act,  shall  be 
liable  to  the  State  of  Oklahoma  for  the  penalty  of  not  less 
than  $100  nor  more  than  $1,000  for  each  offense.  And  such 
penalties  shall  be  recovered  and  suit  brought,  in  the  name 
of  the  State  of  Oklahoma,  in  any  court  of  competent  juris- 
diction, in  any  county  in  or  through  which  such  line  of 
railroad  may  run,  by  the  attorney-general,  or  by  the  county 
attorney  in  any  county,  in  or  through  which  such  line  of 
railroad  may  be  operated. 

Repeal.  §  3.  All  laws  and  parts  of  laws  in  conflict  here- 
with are  hereby  repealed. 

CHAPTER  72,  ARTICLE  II. 

EAILKOADS — CROSSINGS   CONSTRUCTED  AND  MAINTAINED. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Crossings  required  at  puhlic  highways.  §  1.  It  shall  be 
the  duty  of  every  railroad  company  or  corporation  doing 
business,  or  operating  a  line  of  railroads,  within  this  State, 
to  construct  a  crossing  across  that  portion  of  its  track, 
roadbed  or  right  of  way  over  which  any  public  highway 
may  run,  and  maintain  the  same  unobstructed,  in  a  good 
condition  for  the  use  of  the  public,  and  to  build  and  main- 
tain in  good  condition  all  bridges  and  culverts  that  may  be 
necessary  on  its  right  of  way  at  such  "crossing,"  and  in 
case  any  railroad  company  or  corporation  fails  so  to  con- 
struct and  maintain  said  crossing  for  30  days  after 
written  notice  by  the  road  overseer  of  any  road  district  or 
the  board  of  aldermen  or  trustees  of  any  city  or  town  in 
this  State,  or  fifty  petitioners  of  any  city  or  town  who  are 
Interested  (where  such  work  or  repairs  are  needed),  to 
be  given  to  the  section  boss,  or  any  station  agent  of  any 
railroad  company  or  corporation  in  the  county  (where  such 
work  or  repairs  are  needed),  it  shall  forfeit  and  pay  to  said 
county,  road  district,  city  or  town  complaining,  the  sum  of 
$25  per  day  for  every  day  said  company  or  corporation 
may  neglect  to  comply  with  the  requirements  of  this  Act. 

Repeal.    §  2.    That  all  Acts  and  parts  of  Acts  in  conflict 
herewith  are  hereby  repealed. 
Approved  May  11,  1908. 

CHAPTER  64,  ARTICLE  I. 

PASSES   PROHIBITED PENALTIES. 

An  Act  to  carry  into  effect  §  13,  article  9,  of  the  constitu- 
tion, and  providing  penalties  for  the  violation  thereof. 
Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Misdemeanor  to  issue  free  pass,  etc.  §  1.  That  any  per- 
son or  persons  or  railroad  or  transportation  company  or 
transmission  company  violating  the  provisions  of  §  13, 
article  9,  of  the  constitution  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  $25  nor  more  than  $500,  or  by  im- 
prisonment in  the  county  jail  of  the  county  where  the  of- 
fense is  triable  of  not  less  than  30  days  nor  more  than  12 
months,  or  by  both  such  fine  and  Imprisonment  in  the  dis- 
cretion of  the  court:  Provided,  that  nothing  herein  con- 
tained shall  prevent  any  railroad  company  or  transporta- 
tion company  from  carrying  free  any  child  or  children 
under  the  age  of  seven  years. 

Repeal.  §  2.  All  laws  and  parts  of  laws  In  conflict  with 
this  Act  are  hereby  repealed. 

In  effect  forthtvith.  §  3.  For  the  preservation  of  the 
public  peace  and  safety,  an  emergency  Is  hereby  declared 
to  exist,  by  reason  whereof  this  Act  shall  take  effect  and 
be   In   force   from   and    after   its    passage   and   approval. 

Approved  May  5,  1908. 

CHAPTER  72,  ARTICLE  IV. 

RAILROADS — FENCES. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Railroad  to  fence  against  stock.  §  1.  Whenever  the 
owner  or  occupant  of  any  tract  of  land  abutting  against 
any  line  ot  railroad  within  this  State  shall  desire  to  en- 
close  any   such   tract   of  land  for   the  purpose  of  making 


a  hog,  sheep  or  goat  pasture  and  shall  construct  h 
fence  for  said  purpose  about  said  tract  of  land  on  all 
sides  except  along  the  side  abutting  against  such  rail- 
road, it  shall  be  the  duty  of  such  railroad  company  to 
construct  a  good  and  sufficient  fence  not  less  than 
41^  feet  high,  one  barbed  wire  at  bottom  of  such  fence, 
Immediately  above  which  shall  be  attached  heavy  woven 
wire  not  less  than  28  inches  high,  and  sufficient  for  tho 
purpose  of  restraining  swine,  sheep  and  goats,  with 
three  barbed  wires  above  the  same,  on  the  side  of  such 
tract,  so  far  as  the  same  extends  along  the  line  of  such 
railroad,  and  maintain  the  same  in  good  condition  so 
long  as  such  owner  or  occupant  of  such  tract  may 
desire  to  maintain  such  pasture: 

Notice  by  oibner  to  railroad.  §  2.  Whenever  the  owner 
or  occupant  of  any  tract  of  land  desires  to  constriict 
a  fence  as  provided  in  §  1,  he  shall  give  written  notice 
of  liis  intentions  to  the  railroad  company  upon  whose 
line  such  tract  is  situated,  by  personal  service  upon  the 
agent  of  said  company  at  the  station  within  this  State, 
nearest  to  such  tract  of  land,  givihg  in  said  notice  a  de- 
scription of  said  land,  and  it  shall  be  the  duty  of  the  rail- 
road company  to  construct  and  complete  its  portion  of  such 
fence  within  60  days  after  the  service  of  such  notii'e; 
provided,  that  if  such  owner  or  occupant  fails  to  con- 
struct  his  portion  of  such  fence,  then  the  railroad  ccSM 
pany  shall  not  be  required  to  construct  such  fence.     !^| 

Penalty  for  neglect  by  railroad.  §3.  If  any  rallrcad 
company  shall  neglect  or  refuse  to  comply  with  ihe 
provisions  of  this  Act,  it  shall  be  lawful  for  the  owier 
or  occupant  of  such  tract  of  land  to  construct  or  rep  ilr 
the  fence  along  the  line  of  such  railroad,  and  the  owrer 
or  occupant  of  such  tract  of  land  shall  be  entitled  to 
recover  from  such  railroad  company  the  cost  of  the 
material  and  labor  used  in  constructing  the  railrc  ad 
company's    portion    of    such    fence. 

Repeal.  §4.  All  Acts  and  parts  of  Acts  in  conflict  he  re- 
with   are  hereby  repealed. 

Approved  May  26,  1908. 

CHAPTER  72,  ARTICLE  V. 

RAILROADS — REPAIR    SHOPS    TO    BE    MAINTAINED. 

Be  it  enacted  by  the  people  of  the  State  of  Oklahoma: 

Railroads  to  do  repair  work  in  Oklahoma.  §  1.  Tra  is- 
portation  companies  operating  within  this  State  wh  ch 
have  now  in  existence  roundhouses  or  machine  shi  p8 
for  the  repairing  of  locomotives,  engines  and  cars,  or 
which  may  hereafter  establish  such  roundhouses  or  1  la- 
chine  shops  for  such  purpose,  shall  hereafter  maint  tin 
such  shops  and  roundhouses  with  sufficient  equipm  nt 
and  employes  to  keep  in  proper  repair  all  rolling  stock, 
locomotives,  engines  and  cars  used  within  this  St  ite 
in  the  transportation  of  passengers  and  freight  and  si  ch 
transportation  companies  shall  hereafter  cause  all  such 
rolling  stock,  locomotives,  engines  and  cars  to  be  re- 
paired at  such  shops  or  roundhouses  and  kept  in  a  sife 
and  serviceable  condition  and  no  such  repair  shall  be 
done  outside  the  State  of  Oklahoma;  provided,  it  is  such 
repairs  as  can  be  done  at  such  company's  shops  wit  iln 
this  State. 

Condition  of  charter.  §  2.  The  provisions  of  §  1  of  this 
Act  shall  be  deemed  a  condition  and  part  of  evary 
charter  granted  to  any  transportation  company  and  of 
every  license  of  every  foreign  corporation  company  to  do 
bsuiness   in  this   State. 

Acceptance  of  the  Act.  §  3.  The  exercise  of  the  right 
of  eminent  domain  by  any  transportation  company  or- 
ganized or  existing  under  the  laws  of  this  State,  or  the 
utilization  of  any  franchise  by  any  such  company  siall 
be  deemed  an  acceptance  by  said  corporation  of  tho 
provisions  of  this  Act,  and  no  such  corporation  siiall 
exercise  the  right  of  eminent  domain  or  use  any  such 
franchise    without   such    acceptance. 

Penalty.  §  4.  Every  transportation  company  which  vio- 
lates the  provisions  ot  this  Act,  shall,  upon  conviction 
thereof,  forfeit  its  charter  or  license  to  do  business  in 
the  State,  and  in  addition  thereto,  shall  be  subject  to  a 
penalty  not  to  exceed  $500  for  each  offense,  and  each 
separate  day  that  it  shall  violate  the  provisions  ot  this 
Act  shall  constitute  a  separate  offense. 


Public  Service  Laws 


1117 


In  effect  forthwith.     §  5.    An  emergency  for  the  preser- 
vation  of   the   public   peace,   health  and   safety   is   hereby' 
declared  to  exist,  by  reason  whereof  this  Act   shall  take 
effect  from  and  after  its  passage  and  approval. 

Approved  May  26,  1908. 

CHAPTER  81. 

FOREIGN      CORPOBATIONS EXAMINATION      OF      OFFICERS,      AGENTS 

AND   RECORDS. 

Be  it  enacted  hy  the  people  o/  the  State  of  Oklahoma: 

Foreign  corporation  to  produce  its  agents,  books  and 
papers  in  court.  §  1.  It  is  hereby  made  the  duty  of  each 
and  every  foreign  corporation  doing  business  In  the 
State  of  Oklahoma,  in  any  action  pending  in  any  court 
of  record  within  the  State  wherein  the  State  of  Okla- 
homa or  any  of  the  officers  in  their  official  capacity 
»re  parties,  upon  the  application  of  said  State,  or  said 
officers,  and  upon  the  order  of  the  presiding  judge  of 
•aid  court,  for  which  authority  is  hereby  vested,  upon 
reasonable  notice,  at  a  time  and  place  within  the  State 
to  be  fixed  by  said  court,  to  cause  to  appear  for 
examination  and  inspection  any  of  its  officers,  agents, 
books   and   papers. 

Violation  of  order — Penalty.  §  2.  Any  such  corporation 
named  in  §  1  failing  or  refusing  to  comply  with  the  ordei' 
named  in  §  1  of  this  Act,  shall  be  fined  in  the  sum  of  not 
less  than  $50  nor  more  than  $500;  and  each  separate 
day  such  corporation  fails  or  refuses  to  comply  with  any 
order  as  provided  in  §  1  of  this  Act,  shall  constitute  a 
separate   offense. 

In  effect  forthwith.  §  3.  An  emergency  is  hereby  de- 
clared, by  reason  whereof  it  is  immediately  necessary 
for  the  preservation  of  the  public  peace,  health  and 
safety  that  this  Act  take  effect  and  be  in  force  from  and 
after  its   approval. 

Approved   March  24,   1910. 

ORDERS. 
The  corporation  commission  has  established  a  number 
•of  rules  which  take  the  place  of  statutes  in  other  States. 

Order  No.  2  was  entered  December  16,  1907,  as  follows: 
It  is  hereby  ordered  by  the  corporation  commission  of  the 
State  of  Oklahoma: 

That  each  and  every  railroad  and  street  railroad  cor- 
poration, and  telephone,  telegraph,  oil  pipe  line  and  ex- 
press company,  and  all  public  service  corporations  under 
the  supervision  ol  the  corporation  commission  be,  and  are 
hereby,  required  to  file  with  this  commission  sworn  copies 
of  all  contracts,  agreements  or  arrangements  to  which  it  is 
a  party,  relating  in  any  way  to  the  carriage  or  transporta- 
tion of  freight,  oil  in  pipe  lines,  express  matter  and  pas- 
sengers, or  either,  or  the  transmission  of  messages  or 
communications  between  citizens  of  this  State,  or  to  the 
■handling,  use  or  transportation  of  cars  or  locomotives  or 
other  means  of  transportation;  that  such  sworn  copies  be 
liled  not  later  than  the  first  day  of  February,  1908. 

ORDER  No.  4. 
Jt  is  hereby  ordered  by  the  corporation  commission  of  the 
State  of  Oklahoma: 

That  all  railroads  doing  business  in  this  State  shall 
be  governed  by  the  following  rules,  regulations  and  orders 
In  the  operation  of  passenger  trains  and  the  maintenance 
of  proper  passenger  and  freight  depots,  depot  facilities  and 
accommodations : 

Bulletin  boards  at  stations.  First.  It  shall  be  the  duty 
of  every  railroad  and  railway  company  operating  a  railroad 
In  this  State  to  place  a  bulletin  board  in  a  conspicuous 
place  at  each  of  its  ticket  offices,  upon  which  shall  be 
bulletined  the  time  that  each  train,  upon  which  passengers 
are  hauled,  is  due  to  arrive  and  depart  under  its  published 
schedule. 

Stations  open  before  trains  due.  Second.  It  shall  be 
the  duty  of  each  railroad  or  railway  company,  at  each 
telegraph  station  on  its  line  where  tickets  are  sold,  as  early 
as  possible,  and  not  less  than  one  hour  before  the  time 
that  its  said  trains  are  due  to  arrive  at  such  station,  to 
bulletin  the  fact  upon  such  board,  as  to  whether  or  not 
said  train  is  on  time,  and  if  behind  schedule  time  to 
state,  as  nearly  as  can  be  approximated,  the  time  it  Is  be- 
hind, and  to  thereafter  rebuUetin  every  report  of  any 
change,  not  to  exceed  30  minutes,  until  the  arrival  of  such 


train,  and  to  open  waiting  room,  ticket  window  and  bag- 
gage room  one  hour  before  schedule  time  of  arrival  of 
trains. 

Accidents  to  be  bulletined.  Third.  Whenever  there  Is, 
by  reason  of  accident  or  otherwise,  a  break  or  obstruction 
on  any  railroad,  which  will  delay  any  passenger  train  on 
said  railroad,  it  shall  be  the  duty  of  such  railroad  or  rail- 
way company  operating  such  railroad  to  cause  to  be  bul- 
letined, at  all  of  such  stations,  the  fact  of  such  break  or  ob- 
struction, and  the  point  of  its  occurrence,  and  the  probable 
delay  by  reason  thereof,  and  the  passengers  aboard  such 
train  shall  be  informed  of  the  probable  delay. 

Rules  to  be  filed.  Fourth.  It  shall  be  the  duty  of  each 
and  every  railroad  or  railway  company  operating  a  railroad 
within  this  State,  to  promptly  file  with  this  commission 
copies  of  all  rules,  orders  and  schedules,  fixing  the  time 
and  manner  of  the  operation  of  its  passenger  trains. 

Stations.  Fifth.  It  is  further  ordered  by  the  corpora- 
tion commission  of  the  State  of  Oklahoma  that  all  railroad 
or  railway  companies  doing  business  in  this  State  shall 
maintain  adequate,  comfortable  and  clean  depots  and  depot 
buildings,  at  its  several  stations,  for  the  accommodation 
of  passengers,  and  said  depot  buildings  shall  be  kept  well 
lighted  within  waiting  rooms  and  outside  where  the  con- 
venience of  the  passengers  require  it,  such  waiting  rooms 
shall  be  kept  properly  warmed  and  ventilated  for  the  com- 
fort and  accommodation  of  the  traveling  public;  such 
depots  or  waiting  rooms  shall  be  kept  open  to  the  Ingress 
and  egress  of  all  passengers  and  others  entitled  to  go 
therein,  for  a  time  not  less  than  one  hour  before  the  ar- 
rival and  after  the  departure  of  all  trains  upon  which  pas- 
sengers are  hauled,  and  shall  be  provided  with  good  and 
wholesome  water  for  drinking  purposes;  all  closets  and 
toilet  rooms  in  such  depots  or  at  such  stations  shall  he 
kept  in  a  clean  and  sanitary  condition,  and  shall  be  kept 
well  lighted,  as  Is  required  of  waiting  rooms. 

Courtesy  by  station  agents.  Sixth.  The  commission 
hereby  orders  that  all  station  agents  be  advised  as  to  this 
order  and  Its  requirements  and  directed  to  comply  with  the 
same,  and  to  extend  to  the  traveling  public  every  courtesy 
and  furnish  all  information  pertaining  to  the  transaction 
of  their  business  with  the  public.  Politeness  on  the  part 
of  employes  will  be  appreciated  by  the  traveling  public  as 
well  as  by  the  commission. 

Order  to  be  posted.  Seventh.  A  copy  of  this  order, 
printed  in  18-point  Devinne  poster  type,  shall  be  posted  in 
a  conspicuous  place  in  all  waiting  rooms,  and  kept  therein. 

Penalty.  Eighth.  Any  railroad  or  railway  company 
operating  a  railroad  in  this  State  failing  to  carry  out  the 
above  order  shall  be  dealt  with  as  provided  by  §  19,  article 
9,  of  the  constitution  of  Oklahoma. 

This  order  shall  be  in  full  force  and  effect  on  and  after 
the  20th  day  of  January,  1908. 

KXACT    CHANGE. 

Exact  change  to  be  given.  May  2,  1910,  the  commission 
made  an  order  providing  that  public  service  corporations 
shall,  in  their  financial  dealings  with  the  public,  give  exact 
change,  as  follows: 

All  transportation,  transmission,  electric  light,  heat  and 
power  companies  doing  business  within  the  State  of  Okla- 
homa, shall  in  their  financial  dealings  with  the  public 
charge  and  collect  and  receive  only  the  amounts  of  their 
published  rates  or  such  rates  as  are  on  file  with  the 
corporation  commission,  and  in  the  collection  of  such  rates 
they  shall  give  and  make  exact  change  with  their  patrons 
and  customers. 

This  order  shall  be  In  full  force  and  effecc  on  and  after 
the  25th  day  of  May,  1910,  a  date  after  publication 
once  a  week  for  four  consecutive  weeks  in  the  Guthrie 
Daily  Leader,  a  newspaper  of  general  circulation  published 
in  the  city  of  Guthrie,  county  of  Logan,  State  of  Oklahoma. 

B.VGGAGE. 

Charges  for  excess  baggage.  June  8,  1910,  the  commia- 
eion  entered  an  order  fixing  the  charges  for  carrying  bag- 
gage in  excess  of  150  pounds  for  each  adult  passenger, 
as  follows: 

Rule  1.  All  baggage  rules  and  regulations  of  the  rail- 
road companies  in  effect  in  the  State  of  Oklahoma  on  Juno 
1,  1910,  not  changed  by  specific  rules  mentioned  in  this 
order,  shall  remain  in  effect  until  amended  or  superseded 
by  this  commission. 

Rule  2.  No  railroad  or  railway  company  operating  lu 
the  State  of  Oklahoma  shall  assess,  charge  or  receive  for 


1118 


National  Association  of  Eailway  Commissioneus 


the  transportation  of  excess  baggage  any  rates  other  than 
those  appearing  in  Rule  3,  without  first  securing  the  per- 
mission of  the  corporation  commission  therefor. 
Rule  3.     Rates  in  cents  per  100  pounds: 


BAGGAGK. 

Miles 

Rate 

Miles    Rate 

Miles 

Rate 

48 

15 

271 

95 

493 

175 

62 

20 

285 

100 

506 

180 

76 

25 

298 

105 

521 

185 

90 

30 

312 

110 

535 

190 

104 

35 

326 

115 

548 

195 

118 

40 

340 

120 

562 

200 

132 

43 

354 

125 

576 

205 

146 

50 

368 

130 

590 

210 

160 

55 

382 

135 

604 

215 

173 

60 

396 

140 

618 

220 

187 

65 

410 

145 

632 

225 

201 

70 

423 

150 

646 

230 

215 

75 

437 

155  ■ 

660 

235 

229 

80 

451 

160 

673 

240 

243 

85 

465 

165 

257 

90 

472 

170 

Where  exact  distance  is  not  shown  use  next  greater  dis- 

Rule  4.  Twenty-five  cents  shall  be  the  minimum  charge 
for  the  transportation  of  excess  baggage. 

Rule  5.  Compute  excess  baggage  rates  by  using  the 
mileage  upon  which  ticket  rate  Is- figured. 

Rule  6.  The  foregoing  rules  will  not  apply  upon  bag- 
gage or  scenery  of  show  troupe  when  in  special  baggage 

Guthrie,  Okla.,  June  8,  1910. 

REI-ONSIGN.MENT. 

February  27,  1909,  the  commission  made  the  fol- 
lowing rules  governing  the  reconsignment  of  freight: 

Rule  1.  Refusal  of  cars  at  destination.  If  car  or 
cars  are  refused  at  destination  by  consignee,  the  cai- 
rier  shall  promptly  arrange  for  telegraphic  information 
to  be  given  the  shipper. 

Rule  2.  Reconsignment.  The  destination  and  consignee 
of  any  carload  shipment  may  be  changed,  and  through 
rate  from  point  of  origin  to  final  destination  shall  be 
protected   subject  to   conditions   named   herein. 

Rule  3.  Charges  for  reconsignvient.  (a)  If  destina- 
tion is  changed  before  arrival  of  car  at  original  destina- 
tion a  charge  of  $1  per  car  shall  be  made,  (b)  If  destina- 
tion is  changed  after  arrival  at  first  destination,  but 
before  being  set  for  unloading,  a  charge  of  $2  p«r  car 
shall  be  made.  (c)  If  destination  is  changed  after 
car  has  reached  first  destination  and  been  set  for  un- 
loading, a  charge  of  $3  per  car  shall  be  made,  (d)  De- 
murrage charges  at  first  destination  shall  be  assessed 
at  the  rate  of  $1  for  each  24  hours  or  fraction  thereof, 
after  receipt  of  written  notice  of  arrival  by  the  con- 
signee. 

Rule  4.  Through  rates.  Rates  shall  be  assessed  from 
point  of  origin  to  final  destination  via  the  route  by  which 
the  cheapest  rate  can  be  made  from  point  of  origin  to 
final  destination  via  the  first  and  subsequent  destina- 
tion. 

Rule  5.  Rates  on  long  hauls.  If  changing  destination 
causes  a  through  haul  via  the  shortest  route  of  more 
than  450  miles,  from  point  of  origin  to  final  destination 
via  the  first  and  subsequent  destination,  a  charge  of 
four  mills  per  ton  per  mile  shall  be  assess-ed  for  each  mile 
hauled  in  excess  of  450  miles,  in  addition  to  the  through 
rates. 

Rule  6.  Definition  of  first  destination.  When  destina- 
tion of  shipment  is  changed  in  transit  short  of  original 
destination,  such  point  shall  be  considered  as  first  des- 
tination. 

Rule  7.  Reservation.  The  right  being  reserved  by  the 
commission  to  relieve  carriers,  consignees  or  shippers 
from  any  hardships  incident  to  the  enforcement  of  these 
rules  whether  caused  by  matters  over  which  they  have 
control   or  not. 

Guthrie,  Okla.,  February  27,  1909. 

RUNNING    TIME. 

Changes  in  running  time  of  trains.  On  December  1, 
1908,   the   commission   made   the   following  order,   which, 


upon  petition  for  rehearing,  it  cancelled  and  nullified 
on  January  20,  1909: 

No  railroad  or  railway  company  or  telegraph  company 
operating  in  the  State  of  Oklahoma  shall  change  its 
passenger  schedule  now  in  effect  or  discontinue  any  pas- 
senger train,  or  any  agency  at  any  railroad  station 
or  telegraph  otRce  at  any  station  in  the  State  of  Okla- 
homa, without  an  order  from  the  corporation  commission, 
except  where  operators  are  placed  or  telegraph  stations 
opened,  to  facilitate  the  movement  or  dispatching  of 
trains  as  a  temporary  expediency  pending  the  resump- 
tion of  normal  conditions. 

All  railroad  freight  offices  shall  be  kept  open  for 
the  purpose  of  receiving  and  disbursing  freight  at  all 
reasonable  hours. 

ACCIDENTS. 

Reports  of  accidents.  June  30,  1910,  the  Supreme  Court 
of  Oklahoma  dismissed  appeals  from  an  order  of  the 
Oklahoma  Corporation  Commission  which  was  entered 
December  2.  1908,  requiring  reports  of  accidents  to- 
be  filed  as  follows: 

(1)     All    railroad    and    railway    companies    and    street 
car   companies   operating   within   the   State   of  Oklahona, 
shall   at   once,   upon   the   happening  of  an  accident,   S'md 
telegraph     report     to    the    commission    at    its    office    i^ 
Guthrie  of  the  following  classes  of  accidents:  !^| 

Report  by  telegraph,  (a)  All  accidents  resulting  Wl| 
loss  of  life  or  limb  or  serious  injury  to  passengers  or 
employes.  (b)  All  derailments  of  passenger  tra  ns, 
or  locomotives,  or  cars  in  passenger  trains.  (c)  All 
collisions  involving  freight  or  passenger  trains,  whet  ler 
resulting  in  loss  of  life  or  not.  (d)  All  explosi  )ns 
of  boilers,  and  also  all  accidents  to  locomotive  boilers 
resulting  in  death  or  serious  injury  to  any  person,  (e) 
All  bridge  failures.  The  telegraph  report  shall  show  the 
date,  time  and  place  and  kind  of  accident;  the  tuin 
or  trains  involved;  the  number  of  passengers  killed  or 
injured,  if  any.  In  class  "d"  the  notice  must  show  ".he 
number  of  locomotive  and  place  where  the  bo  ler 
can  be  examined.  The  provision  in  reference  to  dei  ail- 
ments  does   not  apply  to   minor  derailments. 

Report  by  mail.  (2)  Every  accident,  whether  cov€re4 
in  a  preliminary  notice  by  telegraph  or  not,  shall  1j« 
reported  to  the  commission  upon  a  form  prescri  >ed 
by  the  commission,  immediately  after  the  circumstar  :es 
attending  the  accident  shall  have  been  ascertained.  (3)  An 
accident  occurring  on  a  railroad  or.  a  division  u  i«d 
Jointly  or  in  common  by  two  or  more  companies,  s  lall 
be  reported  by  the  company  whose  superintendent  !ias 
immediate  charge  of  the  road,  or  the  division  in  q  les- 
tion.  (4)  A  collision  (as  at  crossings)  of  the  tri  in» 
of  two  different  companies  shall  be  reported  by  1  oth 
companies.  The  reixjrt  of  such  collision  shall  be 
plainly  indorsed  at  the  top  "Crossing"  or  "Juncti  >n." 
(5)  An  accident  on  a  private  siding  or  private  tuck 
shall  be  reported  by  the  railroad  company  to  wl  ich 
the  engine  at  work  on  the  siding  belongs.  (6)  Accidi  nts 
to  persons  resulting  in  immediate  death  or  death  wi  liin 
48  hours  from  the  time  of  the  accident,  shall  be  repo  ted 
on  the  blank  form  in  the  column  headed  "Killed."  All 
other  accidents  to  persons  including  those  resul  ing 
in  death  of  the  person  injured  after  an  interval  of 
more  than  48  hours  from  the  time  of  the  accident,  thall 
be  reported  in  the  column  "Injured"  in  daily  reports, 
and  upon  the  death  of  an  injured  person,  after  48 
hours,  a  supplemental  report  shall  be  made,  stating  the 
time  and  place  of  the  death,  and  the  nature  of  the  injury 
from  which  such  person  died.  (7)  Accidents  to  employes  in 
repair  shops,  construction  shops,  or  other  places,  reuiot* 
from  the  railroads,  and  not  connected  with  the  tiana- 
portation  department,  shall  not  be  rei>orted.  (8)  Rejorta 
will  be  numbered  consecutively,  beginning  with  each  cal- 
endar year.  (9)  The  term  "Freight  Train"  is  to  includ-^  all 
trains  and  engines  or  parts  of  trains  of  any  kind  which  are 
not  Included  under  "Passenger."  (10)  Give  in  the  space  pr>> 
vided,  the  time  that  the  accident  occurred;  if  w.thlD 
an  hour  of  sunrise  or  sunset  say  whether  daylight  oi 
dark.  (11)  Persons  killed  or  injured  should  be  classified 
so  as  to  show  whether  or  not  they  are  passengers  or  em- 
ployes, and  if  employes,  kind  and  character  of  worli 
engaged  in. 

Nature  and  cause  of  accident.      (12)      Give  the   kind 


Public  Service  Laws 


1119 


and  number  of  each  train  or  electric  car,  direction  of  Its 
movement  (east,  west,  north  or  south),  brief  descrip- 
tion of  damage  to  cars,  engines  or  other  property.  (13) 
Give  a  statement  of  cause  or  causes  as  reported  by 
division  superintendent  or  other  officer  in  immediate 
charge.  If  the  accident  was  caused,  or  is  believed  to 
have  been  caused  by  an  employe,  talte  the  experi- 
ence of  the  employe,  and  give  the  number  of  hours 
he  hBs  been  on  duty,  and  the  number  of  hours 
rest  for  48  hours  preceding  accident.  (14)  Quote  the  rule 
or  rules  bearing  on  the  operation  involved.  (15)  In  case 
of  failure  of  air  brakes,  give  initial  and  number  of  car, 
name  and  style  of  apparatus  and  in  case  a  car  in  a  train 
is  without  air  brakes,  mention  that  fact.  (16)  Where  ac- 
cident is  due  to  coupling  or  uncoupling  of  cars,  give 
the  facts  and  circumstances,  and  in  case  of  defectire 
couplers,  give  initial  and  number  of  car,  name  and 
style  of  coupler.  (17)  Where  accident  is  due  to  coming 
in  contact  with  overhead  obstructions  or  obstructions 
at  side  of  track,  give  height  of  car,  lateral  distance 
from  center  of  track,  presence  or  absence  of  warning 
guards,  presence  of  fog,  snow  or  ice.  (18)  Where 
accident  occurs  at  a  crossing,  state  whether  crossing  is 
protected  and  how.  If  protected  by  gates  or  alarm 
bell,  state  if  in  good  working  condition;  if  by  flagman, 
state  what  warning  was  given.  (19)  All  railroad  compa- 
nies shall  send  to  the  commission  a  copy  of  their  final 
record  as  to  the  cause  of  any  accident,  when  the  sa,me 
shall  have  been  ascertained  and  such  record  made  a  part 
of  the   permanent   records   of  the  company. 

EXPRE.SS    TAK1FF,S. 

Tariffs  of  express  companies.    May  11,  1910,  the  commis- 
sion  entered   an   order   establishing  rules   in   reference  to 
the  filing  of  tariffs  by  express  companies,  as  follows: 
To  the  American  Express  Company,  Pacific  Kxpress  Com- 
pany, United  States  Express  Company,  Wells,  Fargo  & 
Company  Express. 

Pursuant  to  issuance  and  service  of  Proposed  Order  No. 
62,  relating  to  "Requiring  Filing  of  Tariffs"  issued  on  the 
9th  day  of  September,  1909,  and  pursuant  to  hearing  held 
in  the  city  of  Guthrie  on  the  12th  day  of  October,  1909,  you, 
and  each  of  you,  are  hereby  notified  that  the  following 
order  shall  be  in  full  force  and  effect  on  and  after  July 
1,  1910: 

Each  express  company  named  above  shall,  on  or  before 
the  date  this  order  becomes  effective,  file  in  the  office  of  the 
corporation  commission  of  Oklahoma,  one  copy  of  each  of 
the  following  documents,  affecting  the  transportation  of 
merchandise  or  moneys,  upon,  via,  over,  or  by  its  lines  in 
the  State  of  Oklahoma. 

Rule  No.  1.  General  and  special  tariffs,  both  local  and 
joint,  together  with  all  effective  amendments  covering  the 
handling,  movement  or  assessment  of  charges  on  State  or 
Interstate  traffic. 

Rule  No.  2.  One  copy  of  agreements,  establishing  traf- 
fic relations  with  other  express  lines,  where  such  relations 
affect  traffic  originating  at  or  destined  to  a  point  in  Okla- 
homa. 

Rule  No.  3.  One  copy  of  each  division  and  percentage 
sheet,  and  basis  on  which  same  are  determined,  covering 
traffic  moved  under  documents  named  in  Rules  1  and  2, 

Note. —  (Where  two  or  more  parties  named  above  are 
parties  to  such  issues,  they  may  mutually  agree  that  either 
of  such  companies  shall  furnish  such  documents.) 

Rule  No.  4.  One  copy  of  circulars  and  orders  (general), 
affecting  the  general  movement,  handling,  and  disposition 
of  traffic,  or  of  the  revenue  derived  therefrom. 

Rule  No.  5.  Also,  at  the  time  of  their  issuance,  and 
before  effectiveness,  one  copy  of  all  documents  called  for 
In  Rule  1,  that  may  hereafter  be  issued.  Such  future  issues 
"to  be  filed  in  the  office  of  said  commission  at  least  10 
days  prior  to  the  date  of  effectiveness,  with  the  exception 
of  documents  promulgating  orders  of  this  commission, 
which  may  be  filed  any  time  prior  to  the  date  of  effective- 
ness of  the  commission's  order. 

Rule  No.  6.  Where  documents  called  for  in  Rule  1  are 
Issued  by  one  of  the  companies  named  above,  and  other 
companies  named  above  are  parties  thereto,  only  the  Issu- 
ing company  shall  be  required  to  furnish  copies. 

Rule  No.  7.  Where  documents  referred  to  in  Rule  1  are 
Issued  by  companies  not  named  above,  but  affect  traffic 
originating  at  or  destined  to  points  in  the  State  of  Okla- 
homa, located  on  the  lines  named  above,  such  companies 


operating  in  this  State  so  affected  shall  file  copies  of  such 
documents  with  this  commission  the  same  as  though  they 
were  issued  by  it. 

Note. —  (Documents  mentioned  in  Rules  2  and  3  need 
not  be  furnished  until  specifically  requested  by  the  commis- 
sion, and  where  such  documents  are  furnished  within  10 
days  after  receipt  of  such  specific  request  by  an  agent  of 
the  express  companies  named  above,  it  will  be  considered  as 
compliance  with  this  order). 

Rule  No.  8.  Each  of  the  express  companies  named 
above  shall  issue  and  post  in  each  of  their  offices  in  the 
State  of  Oklahoma,  and  file  in  the  office  of  this  commission, 
an  index  of  tariffs  which  are  in  effect  and  to  which  it  is 
a  party,  either  as  an  initial  or  delivering  carrier,  and  in 
which  in  any  way  affect  the  movement,  handling  or  as- 
sessment of  charges  upon  traffic  moving  between  points 
within  the  State  of  Oklahoma. 

Such  indexes  shall  contain  the  following  information: 
(a)  A  list  of  all  the  tariffs  to  which  the  carrier  is  an 
Initial  carrier;  commodity  tariffs  to  be  entered  alpha- 
betically under  the  names  of  commodities  or  principal 
commodities.  Following  specific  commodity  tariffs  will  be 
entered  general  commodity  tariffs,  then  class  tariffs.  Fol- 
lowing each  of  these  heads,  the  application  of  the  tariff 
will  be  described,  and  the  points  or  territory  from  and  to 
which  they  apply,  (b)  List  of  tariffs,  under  which  the 
carrier  is  a  delivering  carrier;  tariffs  arranged  by  com- 
modities and  class,  as  prescribed  in  "a".  (Note:— Tariffs 
that  are  not  joint  issues,  but  contain  rates  only  via 
line  of  the  issuing  company,  shall  be  listed  under  section  "a" 
only.)  (c)  Numerical  list  of  the  number  of  tariffs,  ar- 
ranged in  numerical  order,  (d)  The  indexes  may  include 
list  of  its  division  sheets,  official  circulars,  etc.  (e)  If 
any  changes  are  made  this  index  shall  be  corrected  by  an 
amendment  issued  at  least  once  each  two  months,  and  such 
amendment  shall  be  arranged  in  the  same  form  as  the 
indexes,  and  shall  show  the  changes  in  tariffs.  Not  more 
than  one  supplement  shall  be  in  effect  at  any  one  time, 
and  such  indexes  shall  be  reissued  whenever  the  amend- 
ment reaches  or  exceeds  25  per  cent  of  the  size  of  the 
index,  and  at  least  once  each  fiscal  year,  (f)  Each  index 
must  bear  on  its  title  page  notation  showing  that  it  con- 
tains complete  list  of  tariffs  in  effect  on  the  date  of  its 
issuance,  and  each  supplement  to  such  index  must  bear  on 
title  page  notation  that  it  contains  complete  list  of  new 
tariffs,  cancellations,  and  amendments  in  effect  on  the  date 
of  its  issuance,  (g)  When  the  term  "tariff"  is  used  in  this 
order,  it  shall  be  construed  as  meaning:  tariffs,  schedules, 
rate  sheets,  or  any  other  form  of  issues  which  name  rules, 
regulations,  or  rates,  governing  the  movement,  handling 
or  assessment  of  charges. 

Statements  of  revenue.  December  1,  1908,  the  commis- 
sion made  the  following  order  requiring  detailed  statements 
of  revenues  to  be  filed  pursuant  to  an  agreement  made  May 
15,    1908,   with   accountants   of  various    railroads. 

All  public  service  corporations,  firms  or  persons  en- 
gaged in  a  public  service  in  this  State,  are  hereby  ordered 
to  file  with  the  commission  a  detailed  statement  of  all 
revenues  of  said  corporation,  firm  or  person  for  public 
service  from  every  source  whatever,  said  report  to  be 
made  on  form  prepared  by  the  commission. 

The  report  of  all  such  corporations,  firms  or  persons 
engaged  in  Interstate  business  shall  show  the  correct 
amount  credited  to  this  State,  and  the  basis  upon  which 
such  proportion  was  made. 

Said  report  shall  contain  all  of  the  required  statistics 
for  the  period  of  12  months,  ending  on  the  30th  day 
of  June  of  each  year,  and  shall  be  made  under  oath  and 
filed  with  the  commission  at  its  office  in  Guthrie  on  or 
before  the  30th  day  of  September  the  next  following,  unless 
additional  time  be  granted  by  the  commission,  and  such 
monthly  and  other  special  reports  that  may  be  required 
by  the  commission  from  time  to  time. 

See  Corp.  Comm.  Rep.,  Okla.,  1909-10,  page  520. 

:m()Ve.mi:nt    of   freight. 

Handling  and  movement  of  freight.  February  3,  1909, 
the  commission  made  the  following  rules  governing  the 
handling   and   movement  of  freight: 

Rule  1.  Duty  to  furnish  cars,  etc.  It  is  hereby  declared 
to  be  the  duty  of  each  and  every  railroad  company  doing 
business  in  this  State  to  furnish  suitable  and  adequate 
cars;  Provided,  no  railroad  shall  be  required  to  load 
or  furnish  for  use  the  cars  of  a  foreign  line  when 
said   railroad   has   its  own   cars  available  for  the  service. 


iiao 


National  Association  of  Eailway  Commissioners 


to  any  and  all  persons,  firms  and  corporations,  -without 
discrimination  as  to  number,  or  use  or  kind,  wlio  may 
apply  therefor  in  good  faith,  for  the  transportation  of  any 
and  all  kinds  of  freight  which  may  be  legally  con- 
veyed within  this  State,  and  to  receive,  give  bills  of 
lading  for  and  transport  freight  with  all  reasou- 
able  dispatch,  and  to  provide  and  keep  suitable  facilities 
for  the  receiving  and  handling  of  the  same  at  any  sta 
tion  or  switch  on  the  line  of  its  road,  and  at  or  near 
the  intersection,  or  junction,  or  crossing  of  its  line  with 
the  line  of  any  other  railroad,  and  also  to  receive  and 
transport  in  like  manner  the  empty  or  loaded  cars 
freighted  by  any  connecting,  joining  or  intersecting  rail- 
road to  be  delivered  at  any  station  or  switch  on  its 
line,  or  to  any  other  railroad  at  or  near  any  junctiom 
or  connection  or  intersection  of  any  other  railroad;  to  be 
loaded,  discharged  or  reloaded,  and  returned  to  th* 
road  so  connecting,  joining  or  intersecting,  and  for  com- 
pensation it  shall  not  demand  or  receive  any  sum 
greater  or  less  than  is  accepted  by  it  from  any  other 
person,  lirm  or  corporation,  or  any  connecting,  joining 
or   intersecting   railroad   for   a  lilce   service. 

Rule  2.  Receiving  loaded  cars.  Freight  to  be  transported 
in  carload  lots  shall  be  received  by  each  initial  carrier 
in  cars  provided  by  it  when  same  are  properly  loaded 
on  and  tendered  on  its  own  tracks,  or  private,  industrial 
or  other  tracks,  at  the  connection  with  its  own  lines. 

Rule  3.  Receiving  less  than  carload  freight.  Freight 
to  be  transported  in  less  than  carload  lots  shall  be  de- 
livered to  and  received  by  each  initial  carrier  at  its 
freight  houses,  platforms  or  sheds,  as  may  be  customary, 
properly  packed  and  marked  for  shipment. 

Rule  4.  Shipping  order.  When  freight  is  tendered  as 
above  provided,  shipper  shall  also  furnish  advice  to 
the  agent  of  the  carrier,  in  writing,  the  commodity 
shipped,  number  of  packages,  name  of  consignee  and 
point  of  destination,  and  the  freight  charges,  if  demanded 
in  advance. 

Rule  5.  Issuing  hill  of  lading.  Upon  receipt  of  freight 
and  notice  as  herein  specified,  it  shall  be  the  duty  of  the 
agent  of  the  carrier  to  immediately  examine  same,  and 
if  found  as  described  to  immediately  issue  and  deliver 
to  shipper  a  bill  of  lading,  stating  therein  name  of 
shipper,  number  of  packages  or  pieces,  commodity,  name 
of  consignee  and  destination,  and  if  freight,  as  tendered, 
is  in  bad  order,  notation  shall  be  made  on  the  bill  of 
lading.  Immediately  upon  the  issuance  o£  bill  of  lading, 
carrier's  control  over  and  resiwnsibility  for  such  freight 
shall  commence.  (This  rule  shall  not  be  construed  as 
requiring  agents  to  certify  as  to  the  number  of  pack- 
ages or  pieces  in  cars  tendered  as  carload  shipments.) 

Rule  6.  Rate  of  movement.  It  shall  be  the  duty  of  car- 
riers to  begin  the  forward  movement  of  freight  toward 
Its  destination  within  24  hours  after  the  bill  of  lading 
Is  signed  and,  after  the  movement  thus  commences, 
such  freight  shall  be  carried  toward  its  destination  at 
a  rate  not  less  than  50  miles  per  day  covering  the  whole 
period  any  carrier  controls  the  same  and  at  junction 
and  divisional  points,  12  hours'  additional  time  shall 
be  granted;  except,  that  in  movement  of  perishable 
freight  and  live  stock  in  less  than  10  car  lots,  minimum 
rate  shall  be  100  miles  per  day  and  six  hours'  additional 
time  at  junction   and   divisional   points. 

Provided,  that  agents  shall  advise  shippers  of  live 
stock  in  carloads  the  time  of  arrival  of  the  train  on 
which  same  are  to  be  moved,  and  loading  of  such  live 
stock  shall  be  completed  one  hour  before  the  arrival 
of  such  train  and  on  shipments  of  10  or  more  cars  of 
live  stock  the  minimum  rate  of  movement  per  day  shall 
be  200  miles,  with  no  additional  time  at  junction  or  di- 
visional  points. 

Rule  7.  Excluding  holidays.  In  computing  time,  Sun- 
days and  legal  holidays  will  be  excluded. 

Rule  8.  Partial  deliveries.  When  for  any  reason  car- 
riers are  unable  to  tender  entire  shipment  to  consignee 
at  destination,  freight  charges  shall  only  be  assessed 
and  collected  on  that  part  of  shipment  which  is  tendered 
for  delivery. 

Rule  9.    The  right  is  reservied  by  the  commission  to 
relieve   carriers,    consignees    or    shippers   from   any  hard- 
ships incident  to  the  enforcement  of  these  rules  whether 
caused  by  matters  over  which  they  have  control  or  not. 
Corp.  Comm.  Rep.  1909-10,  p.  639. 


FUBNISHIXO    CARS. 

February  27,  1909,  the  commission  made  the  followlns 
rules   governing  the   furnishing  of  cars  for  loading: 

Rule  1.  Furnishing  cars.  For  freight  to  be  transported 
in  carload  lots  initial  carriers  shall  furnish  adequate 
and  suitable  cars. 

Rule  2.  Requisition  and  receipts.  Requests  for  empty 
cars  for  loading  shall  be  made  in  writing  on  blanks 
as  shown  in  rule  No.  11  (which  shall  be  furnished  by 
the  initial  carrier),  addressed  to  the  agent  of  the  initial 
carrier  at  or  nearest  to  the  point  where  said  car  or  cars 
are  wanted,  and  receipts  as  shown  in  rule  11  shall  be 
given  by  the  agents  of  initial  carriers  to  each  party 
making  such   requests. 

Rule  3.  Deposit.  Before  receiving  and  filing  such  re- 
quests agents  may  demand  a  deposit  of  or  security  in 
the  sum  of  $10   i)er  car  for  each  car  demanded. 

Rule  4.  Time  for  furnishing  cars.  Cars  ordered  as  Ero- 
vided  in  rule  No.  3  shall  be  furnished  and  properly  set 
for  loading  within  the  time  designated  below,  count  ng 
from  the  next  7  a.  m.  following  receipt  of  notice:  One  or 
two  cars,  49  hours;  three  or  five  cars,  72  hours;  six 
or  eight  cars,  120  hours;   nine  or  more  cars,  144  hours. 

Rule  5.  Placing  cars.  Upon  furnishing  and  setting  of 
such  car  or  cars  so  demanded,  the  carrier  shall  immedi- 
ately notify  the  shipper,  in  writing,  specifying  the  kiid. 
Initial  and  number  and  exact  location  of  the  said  rar 
or  cars. 

Rule  6.  Returning  deposit.  Immediately  upon  the  load- 
ing and  propertly  tendering  tor  shipment  of  cars  fur- 
nished under  preceding  rules,  the  deposit,  or  security 
provided  for  in  rule  No.  3,  shall  be  returned  to  i  he 
shipper,  provided  such  deposit  or  security  was  demam  ed 
by  the  agent. 

Rule'  7.  Time  for  loading.  Within  48  hours  after  he 
next  7  o'clock  a.  m.  following  the  receipt  of  notice  of 
placing  of  said  car  or  cars,  it  shall  be  the  duty  of  s;  id 
shipper  to  properly  load  and  make  ready  for  movemi  nt 
said  car  or  cars  and  to  so  notify  said  carrier  in  writi  ig. 
specifying  commodity  with  which  loaded,  name  of  c  )n- 
signee    and    point   of    destination. 

Rule  8.  Charge  for  cars  not  used.  Where  shippers  :all 
to  commence  loading  within  48  hours  after  the  nex'  7 
o'clock  a.  m.  following  the  receipt  of  notice  that  ar 
or  cars  have  been  placed  as  ordered,  carriers  may  re- 
move said  car  or  cars  and  deduct  from  amount  so  le- 
posited  or  secured  the  sum  of  $5  for  placing  each  of 
said  cars  and  $1  per  day  demurrage  for  each  24  hoi  rs, 
or  fraction  thereof,  that  cars  have  remained  at  •  ia- 
position  of  shipper  after  the  next  7  o'clock  a.  ra.  ol- 
lowing  receipt  of  said  notice  of  the  placing  of  pi  ch 
car  or  cars.  Provided,  that  if  shipper,  in  writing,  states 
that  he  desires  said  cars  to  remain  at  his  disix)sal,  he 
carrier  shall  not  remove  same  until  the  demurrage  t  lai 
has  accrued  shall   equal  the  amount  deposited. 

Rule  9.  Excluding  time,  (a)  In  computing  time,  Sun- 
days and  legal  holidays  will  be  excluded,  (b)  In  c  iso 
of  inclement  weather  between  7  o'clock  a.  m.  anc  3 
o'clock  p.  m.  during  free  time,  where  the  property  would 
be  seriously  damaged  in  loading,  free  time  will  be  ex- 
tended to  an  extent  equaling  the  actual  duration  of  s  ich 
Inclement  weather  so  that  shippers  will  have  48  hours 
of  suitable  weather  in  which  to  load  the  freight,  (c) 
If  shippers  fail  to  avail  themselves  of  the  first  48 
hours  of  suitable  weather,  no  additional  free  time  vlll 
be  allowed  by  reason  of  such  neglect. 

Rule  10.  Inability  to  furnish  cars.  If  any  carrier,  by 
reason  of  shortage  of  cars,  is  actually  unable  to  con  ply 
with  all  proper  demands  made  upon  it.  its  actual  supply 
of  the  same  shall  be  ratably  and  equitably  proportioned 
and  furnished.  Where  shortage  of  cars  on  any  division 
exceeds  24,  for  two  or  more  consecutive  days,  notice 
of  such  shortage  shall  be  immediately  furnished  this 
commission,  stating  the  number  of  cars  ordered,  num- 
.ber   furnished,   and   steps   taken   to  supply  deficiency. 

Rule  11.  form  of  requisition.  Blanks  of  the  followln* 
form  shall  be  furnished  in  duplicate  by  the  carrier  to 
applicant;  applicant  shall  fill  out  in  duplicate,  and 
tender  to  the  agent  of  the  carrier,  who  shall  immedi- 
ately   number,    date    and    sign,    placing   the    original    on 


Public  Service  Laws 


1121 


file   in   his   office,   and   returning   duplicate   to   the   appli- 
cant as   his   receipt: 

Agent's    No 

(Station)     (Date) 

To    Agent Rail Co. 

at     Olclahonia. 

I  hereby  make  requisition  for cars  suitable  for 

shipping    Destined   to   be   placed   at 

on    the day    of    


Agent     Rail. 

(Hour)  (Date) 


Co. 


Applicant. 

Provided,  that  wliere  carriers  have  on  hand  supply 
of  empty  car  requisitions  and  receipts,  as  outlined  in  this 
Commission's  Order  No.  10,  same  may  be  used  in  lieu 
of  blank  outlined  above  until  present  supply  is  ex- 
hausted. 

Rule  12.  Furnishing  requisitions.  Each  carrier  shall 
keep  a  sufficient  supply  of  blanks  provided  for  in  rule 
11  on  hand  at  all  stations  at  all  times,  and  it  shall  be 
the  duty  of  the  agent  of  the  carrier  to  advise  shippers 
that  these  requisitions  are  on  hand  and  must  be  filled 
out,  and,  where  necessnry,  shall  assist  shippers  in  filling 
out  such  applications. 

Rule  13.  The  right  is  reserved  by  the  commission  to 
relieve  carriers  or  shippers  from  any  hardships  incident 
to  the  enforcement  of  these  rules,  whether  caused  by 
matters  over  which  they  have  control  or  not. 

DOCUMENTS    TO   HE   FILED    WITH   THE    COMMISSION. 

June  15,  1909,  and  September  8,  1909,  appeals  were 
dismissed  by  appellants  from  the  following  rules  made 
May  4,  1909,  requiring  documents  to  be  filed  with  the 
commission: 

[Directed  to  various  railroads  by  name.] 

Pursuant  to  issuance  and  service  of  Proposed  Order 
No.  49,  relating  to  the  furnishing  to  the  corporation  com- 
mission of  Oklahoma  all  tariffs  and  similar  documents 
covering  the  handling  and  assessment  of  charges  on 
freight  and  passengers,  issued  on  the  twenty-third  day 
of  March,  1909,  and  pursuant  to  hearing  held  in  th9 
city  of  Guthrie  on  the  nineteenth  day  of  April,  1909. 
you,  and  each  of  you,  are  hereby  notified  that  the  follow- 
ing order  shall  be  in  full  force  and  effect  on  and  after 
May   15,    1909: 

Each  railroad  and  railway  company  named  above 
shall,  on  or  before  the  date  this  order  becomes  effective, 
file  in  the  office  of  the  corporation  commission  of  Okhi- 
homa  in  the  city  of  Guthrie,  State  of  Oklahoma,  one  copy 
of  each  of  the  following  documents,  affecting  the  trans- 
portation of  freight  and  passengers  upon  its  line  of 
railroad  or  railway  in  the  State  of  Oklahoma: 

Rule  No.  1.  General  freight  and  passenger  tariffs, 
State  and  interstate,  both  local  and  joint,  together  with 
all  effective   amendments   and   supplements. 

Rule  No.  2.  Special  freight  and  passenger  tariffs, 
schedules  and  rate  sheets.  State  and  interstate,  both 
local  and  Joint,  together  with  all  effective  amendments 
and  supplements. 

Rule  No.  3.  Classifications,  exceptions  to  classifica- 
tions   and    all    effective    amendments    and    supplements. 

Rule  No.  4.  Agreements  establishing  freight  and  pas- 
senger traffic  relations  with  other  transportation  lines 
where  such  relations  affect  freight  or  passengers  orig- 
inating at  or  destined  to  a  point  in  Oklahoma. 

Rule  No.  5.  Division  sheets  and  basis  upon  which 
such  divisions  are  determined,  covering  traffic  moving 
under  documents  named  in  rules  1  to  3,  inclusive. 

Rule  No.  6.  Percentage  sheets  and  the  agreements 
under  which  they  are  made  covering  traffic,  moving 
under  documents  named   in   rules   1    to   3,   inclusive. 

(Note — Documents  mentioned  in  rules  4,  5  and  6 
need  not  be  furnished  until  specifically  requested  by  the 
commission  and  where  such  documents  are  furnished 
within  10  days  after  a  specific  request  from  this  commis- 
sion, it  will  be  considered  as  compliance  with  this 
order.) 

Rule  No.  7.  Circulars  and  orders  (general)  affecting 
the  general  movement,  handling  or  disjjosition  of  freight 
and    passengers    or    the    revenue    derived    therefrom. 

(Note — This  is  only  intended  to  cover  general  orders 
and  not  orders   covering  a  specific  movement  or  case.) 


Rule  No.  8.  Also  at  the  time  of  their  issuance  and 
before  effectiveness,  copies  of  all  documents  named  above 
that  may  hereafter  be  issued  for  application  upon  such 
line  of  road.  (Note. — Documents  mentioned  in  rule  7 
may  be  mailed  to  the  commission  the  day  they  are 
Issued  and  such  mailing  will  be  considered  compliance 
with    this    order.) 

Rule  No.  9.  Where  documents  called  for  in  rules 
1  to  6,  inclusive,  are  issued  by  one  of  the  companies 
named  above  and  other  companies  named  above  or  part- 
ies thereto,  only  the  issuing  company  shall  be  required  to 
furnish  copies. 

Rule  No.  10.  Where  documents  referred  to  in  rules 
1  to  IG  are  issued  by  companies  not  named  above,  but 
affect  freight  or  passengers  moving  over  the  lines  of  one 
or  more  of  the  companies  named  above,  such  company 
or  companies  shall  file  copies  of  such  documents  with 
this  commission  the  same  as  though  they  were  Issued 
by  it. 

(Note. — Where  two  or  more  companies  named 
above  are  parties  to  such  issues  they  may  designate 
either  one  of  such  companies  to  furnish  such  documents.) 

Rule  No.  11.  Where  two  or  more  of  the  companies 
named  above  designate  some  party  to  issue  one  or  more 
of  the  documents  referred  to  in  rules  1  to  6,  Inclusive, 
they  may  file  with  this  commission  a  sworn  statement 
to  the  effect  that  such  party  is  authorized  to  issue 
such  documents  for  their  account  and  furnish  such  docu- 
ments to  the  commission,  such  companies  reserving 
(he  responsibility  for  failure  on  the  part  of  said  party 
to  so  furnish  such  copy  and  the  commission  will  then 
accei)t  one  copy  of  such  documents  from  such  party  as 
compliance  with  this  order,  so  far  as  all  of  the  com- 
panies filing  the  statement  are  concerned.  Corp.  Comm. 
Rep.    1909-10,   p.   6   and   7. 

Penalties  for  not  iuying  tickets.  Upon  its  own  motion 
the  commission,  April  2,  1909,  entered  an  order  fixing 
the  additional  fares  to  be  collected  where  passengers 
do  not  buy  tickets  before  boarding  trains.  The  order  la 
preceded  in  the  1909-10  report  by  a  statement  that  the 
object  is  (1)  to  enable  the  commission  to  get  exact  In- 
formation as  to  the  revenues  derived  from  the  passenger 
rate  of  two  cents  per  mile  and  (2)  to  enable  the  rail- 
roads to  make  closer  collections.  The  order  without  the 
recitals    is   as    follows: 

It  is,  therefore,  ordered  by  the  corporation  commis- 
sion that  all  passengers  boarding  trains  without  tickets 
Bt  stations  where  tickets  are  sold  may  be  required  to 
pay  the  following  schedule  of  penalties  in  addition 
to  the  regular  authorized  fare: 

When  the  fare  is  50  cents  or  less  a  penalty  of  10 
cents. 

When  the  fare  is  more  than  50  cents  and  less  than 
$1.50    a    penalty    of    25    cents. 

When  the  fare  is  $1.50  or  more  a  penalty  of  50 
cents.  ' 

Provided,  however,  that  such  passengers  shall  have 
the  privilege  of  purchasing  tickets  at  the  first  station 
where  tickets  are  sold,  at  which  the  train  stops,  in 
which  case  the  minimum  penalty  shall  apply,  if  they 
so   purchase   tickets. 

It  is  further  ordered  that  conductors,  brakemen  or 
other  persons  in  charge  of  trains  shall  not,  after  this 
order  becomes  effective,  require  the  production  of  tickets 
at  train  entrances,  except  for  the  purposes  of  properly 
routing  passengers   under  their  tickets. 

Plans  of  new  railroad  stations.     February  12,  1908,  an 
order  was  made  as  follows: 

The  plans,  specifications  and  locations  of  all  depots  to 
be  constructed  In  the  State  by  any  railroad  or  railway 
company,  or  any  change  of  location  of  any  depot,  must  be 
submitted  to  and  approved  by  the  corporation  commission 
of  Oklahoma  before  such  depots  are  permanently  located 
or  constructed. 

This  order  shall  be  In  full  force  and  effect  on  and  after 
the  15th  day  of  March,  1908. 

Western  Union  Telegraph  Company.  September  3,  1909, 
the  commission  made  an  order  that  the  Western  Union 
Telegraph  Company  file  a  report  showing  its  history, 
financial  condition,  business,  properties,  stations  and  ac- 
counts, the  specifications  for  which  cover  pages  728  to  747 


1122 


National  Association  of  Bailway  Commissioners 


of   the    commission   report   for    1909-10.    The   report   does 
not  show  any  prayer  of  appeal  from  that  order. 

June  4,  1909,  the  commission  entered  an  order  estab- 
lising  a  system  of  accounting  for  all  transportation  com- 
panies, transmission  companies  and  public  service  corpora- 
tions in  the  form  of  rules  which  cover  pages  649  to  708 
of  the  commission's  report  for  1909-1910.  Various  com- 
panies affected  prayed  appeals  to  the  Supreme  Court,  which 
were  dismissed  June  30,  1909  on  the  ground  that  the 
court  had  no  jurisdiction  to  entertain  them  (pages  1129 
et  seq.). 

COUPOR.VTIOX    OFFICES. 

Nov.  17,  1909,  an  order  was  made  requiring  each  cor- 
poration to  keep  an  office  in  Oklahoma,  etc.,  as  follows: 

General  office  in  Oklahoma.  It  is  hereby  ordered,  that 
all  public  service  companies,  both  domestic  and  foreign, 
which  are  organized  or  doing  business  in  the  State  of 
Oklahoma,  under  the  laws  or  authority  thereof,  shall  have 
and  maintain  a  general  office  in  the  State  of  Oklahoma,  In 
which  it  shall  keep  its  books,  accounts,  records,  vouchers, 
memoranda  and  contracts,  or  verified  copies  thereof,  relat- 
ing to  its  business  in  the  State  of  Oklahoma,  embracing 
all  books,  papers  and  contracts,  or  verified  copies  thereof, 
showing  the  amount  of  expenditures  for  road  and  equip- 
ment, or  plant,  and  other  property,  and  additions,  better- 
ments, and  extensions,  pertaining,  or  incident  to  all  prop- 
erty in  Oklahoma,  in  classified  detail;  and  showing  the 
amount  of  its  revenues  and  operating  expenses  of  various 
classes;  taxes,  interest,  and  other  fixed  charges,  in  classified 
detail  on  account  of  all  business  done  in  Oklahoma. 

Accounts — How  kept.  Every  public  service  company 
conducting  an  interstate  business  shall  segregate  and  clas- 
sify, as  far  as  possible  to  do  so,  all  revenues  and  expenses, 
accruing  account  of  Intrastate  business,  from  entire  busi- 
ness. All  primary  accounts  shall  be  kept  In  accordance 
with  the  lawfully  prescribed  accounting  rules  in  effect  on 
July  1st,  1909.  .      .  .^  .  .,. 

Power  of  resident  agent.  It  is  further  ordered  that  the 
resident  agent  in  the  State  of  Oklahoma  designated  as  the 
person  upon  whom  service  of  summons  or  other  notice  may 
be  had  for  foreign  corporations,  as  provided  by  the  laws  of 
said  State,  shall  be  vested  with  equal  authority  with  that 
of  a  general  manager  of  such  public  service  company,  in 
so  far  as  effects  service  upon  such  agent  of  any  process 
Issuing  by  or  from  the  corporation  commission,  and  in 
relation  to  any  matters  to  be  transacted  by  such  agent 
with  said  commission.  Such  agent  shall  be  vested  with 
full  and  complete  authority  to  act  in  the  same  capacity 
as  would  such  general  manager,  and  all  foreign  public 
service  companies  which  are  unincorporated  shall  designate 
and  maintain  a  resident  agent  within  the  State  of  Okla- 
homa, who  shall  be  vested  with  all  the  powers  as  herein 
provided  for  resident  agents  of  foreign  corporations. 

Office  to  6e  adjacent  to  business.  It  is  further 
ordered,  that  every  public  service  company  doing  business 
as  such  in  this  State  shall  establish  the  general  office 
herein  provided  for  at  some  point  adjacent  to  its  business 
In  the  State  of  Oklahoma,  and  shall,  immediately  after  the 
date  this  order  becomes  effective,  give  notice,  in  writing,  to 
the  corporation  commission  of  the  place  at  which  such  gen- 
eral office  Is  located,  and  shall,  at  the  same  time,  give  notice. 
In  wriMng,  to  the  corporation  commission  of  the  name  ami 
official  designation  of  the  person  or  persons,  officer  or  offi- 
cers chareed  "ith  the  management  of  such  general  office, 
and 'shall,  from  time  to  time,  give  notice.  In  writing,  of  any 
change  of  location  of  each  general  office,  or  of  the  person 
or  persons,  officer  or  officers,  charged  with  the  management 

tliGrGof 

Definitions.  As  used  In  this  order,  the  words  —''Com- 
pany" and  "Public  Service  Company"  shall  Include  all 
"Transportation  Companies,"  "Transmission  Companies 
"Public  Service  Corporations,"  and  "Persons,"  as  defined  In 
each  Instance  in  §  18b  and  §  34,  article  IX,  constitution 
of  Oklahoma,  or  any  company,  corporation,  trustee,  re- 
ceiver, or  other  person  owning,  leasing,  or  operating  the 
business  of  any  or  either  of  same. 

This  order  shall  be  in  full  force  and  effect  on  and  after 
June  1st,  1910. 

Guthrie,  Oklahoma,  November  17,  1909. 

The  commission  report  says  (p.  724)  that  in  May  14, 
1910,  an  appeal  was  pending  from  this  order. 

LONG    AND    SHORT    H.VUI.. 

September  24,  1909,  the  commission  entered  the  fol- 
lowing  order   prohibiting   transportation   companies    from 


receiving  a  greater  compensation  for  shorter  than  longer 
hauls   where   the   shorter   is   included   within   the   longer. 

Long  and  short  haul.  No  transportation  or  transmis- 
sion company  shall  charge  or  receive  any  greater  compensa- 
tion, in  the  aggregate,  for  transporting  the  same  class  of 
passengers,  property,  or  merchandise;  or  for  transmitting 
the  same  class  of  messages,  over  a  shorter  than  a  longer 
distance,  on  the  same  line  in  the  same  direction — the 
shorter  distance  being  included  in  the  longer;  except  where 
rates  are  named  between  competitive  points  to  meet  rates 
made  via  the  line  or  lines  of  transportation  companies 
whose  distance  is  shorter  between  such  points. 

Reservation.  This  commission  reserves  the  right  to  aU' 
thorize  any  company  to  disregard  the  foregoing  and  permit 
them  to  charge  such  rates  as  may  be  prescribed  where 
competition  of  points  located  without  this  State  may  make 
necessary  the  prescribing  of  such  rates  for  the  protection 
of  its  commerce  or  for  special  mileage  tickets,  special 
excursion  or  commutation  rates  or  for  special  rates  I'or 
services  rendered  to  this  State  or  to  the  United  States  or 
in  the  interest  of  some  public  object. 

WESTERN  UNION  TELEGRAPH  COMPANY. 

On  September  3,  1909,  the  corporation  commission  ijn- 
tered  an  order  requiring  the  Western  Union  Telegraph 
Company  to  make  a  report.  The  entry  of  the  order  -was 
preceded  by  a  hearing  at  which  the  company  introdmed 
no  evidence  and  did  not  question  the  witness  who  v  as 
called   in  behalf  of  the  commission. 

The  order  is  in  full  as  follows:  '  ^H 

To  the  Western  Union  Telegraph  Company:  \^M 

You  are  hereby  ordered  and  directed  to  file  in  the  olJlCp 
of  the  corporation  commission  of  the  State  of  Oklaho  na 
on  or  before  the  day  of  ,  1909,  an  annual  re- 
port, showing  the  history,  business,  properties,  financial 
condition,  acts,  statistics,  and  accounts  of  your  compsny 
for  the  fiscal  year  ended  June  30,  1908,  responding  to  and 
in  accordance  with  the  following  inquiries  and  instructions^ 

IDENTITY    OF  RESPONDENT.  J  fl 

1.  Give  the  exact  name  by  which  the  respondent  ^vP. 
known  in  law  on  June  30,  1908. 

2.  State  whether  or  not  any  change  has  been  made  in 
the  name  of  the  respondent  since  Its  formation.  If  so, 
state  all  such  changes,  and  the  dates  when  they  were  ma  le. 

3.  State  whether  the  respondent  was,  on  June  30,  15  08, 
a  corporation,  a  joint  stock  association,  a  firm  or  parti  er- 
ship,  or  an  individual.  If  it  was  none  of  these,  state  fi  lly 
Its  character  and  makeup. 

4.  Give  the  location  (including  street  and  number)  of 
the  main  business  office  of  the  respondent  on  June  30,  1!  08. 

5.  Give  the  name,  title  and  office  address  of  the  off  :er 
of  the  respondent  to  whom  should  be  addressed  any  co  re- 
spondence  concerning  this  report. 

6.  Give  the  titles  of  all  general  officers  of  the  respc  nd- 
ent  and  annual  salaries  attached  to  each  of  the  respec  ive 
ofiBces  on  June  30,  1908,  and  the  names  and  office  addres  <es, 
of  the  persons  holding  such  offices  on  that  date,  and  the 
date  when  each  entered  upon  the  discharge  of  the  du  lea ' 
of  his  office.  If  any  person  entered  upon  the  discharg(  of 
the  duties  of  any  general  office  of  the  respondent  a  ter 
June  30,  1907  or  abandoned  same,  or  was  ousted  theref)  om 
prior  to  June  30,  1908,  state  such  fact  In  a  foot  note,  show- 
ing the  name  of  such  person,  the  office  held,  the  dates  of 
entrance  and  abandonment  or  ouster,  and  the  circumstai  ces 
by  which  such  abandonment  or  ouster  was  occasioned 

7.  Give  the  names  and  office  addresses  of  all  dlrec  ors 
of  the  respondent  on  June  30,  1908,  the  dates  of  expira  ion 
of  terms,  the  annual  salaries  attached  to  directorships  and 
the  fees  and  perquisites  thereto  attached  on  that  date. 

8.  Give  the  names  (and  titles)  of  all  officers  of  the- 
board  of  directors,  managers,  or  trustees  of  the  respon'lent' 
on  June  30,  1908. 

Chairman  of  the  board,  and  secretary   (or  clerk)   of  the? 
board : 

9.  Give  the  names  of  the  members  of  respondent  -vho.i 
on  June  30,  1908,  had  the  twenty  highest  voting  poversl 
therein,  showing  for  each  his  address,  the  number  of  \otesj 
he  would  have  had  a  right  to  cast  on  that  date  had  a' 
meeting  then  been  in  order,  such  right  being  determined, 
according  to  the  records  of  the  respondent  as  of  that 
date,  and  the  par  value  of  the  securities  (if  any)  held 
by  him  in  respect  of  which  holding  he  had  such  voting 
power,  such  securities  being  classified  as  common  stock, 


Public  Service  Laws 


1123 


second  preferred  stock,  first  preferred  stock  and  other 
securities. 

10.  State  the  total  number  of  all  the  members  of  the 
respondent  on  June  30,  1908. 

n.  State  the  par  value  of  the  amount  of  common 
stock  the  holder  of  which  is  thereby  entitled  to  cast 
one    vote. 

12.  Are  voting  rights  attached  to  any  other  security 
than  stock?  It  so,  name  each  security  other  than  stock 
to  which  voting  rights  are  attached  (as  of  June  30,  1908), 
and  state  in  detail  the  relation  between  holding  and 
corresponding  voting  rights,  stating  whether  voting 
rights  are  actual  or  contingent,  and  if  contingent,  show- 
ing   the    contingency. 

13.  Has  any  class  or  issue  of  securities  any  special 
privileges  in  the  selection  of  directors,  trustees  or 
managers,  or  in  the  determination  of  corporate  action 
in    any   way. 

14.  If  so,  describe  fully  each  class  or  issue  and  give  a 
s'lccinct  statement  showing  clearly  the  character  and  ex- 
1    :5t  of  such  ])rivileges. 

15.  State  the  total  number  of  votes  cast  at  the  last 
i::ppting  of  the   respondent. 

Ifi.     Give   the   date   and   place   of   such   meeting. 

17.  Give  the  names  of  the  persons  who,  at  "such 
meeting,  cast  the  ten  highest  numbers  of  votes,  showing 
for  each  the  total  number  of  votes  cast  by  him,  the 
number  of  votes  cast  by  him  in  his  own  behalf,  and 
the  number  cast  by  him  as  proxy  for  others. 

Cn.VNOES  IN  POWERS  AND  OBOANIZATION  OF  RESPONDENT  DURING 
THE   YEAR. 

18.  State  fully  all  powers  which  were  acquired  by 
the  respondent  during  the  year  ended  .June  30,  1908, 
setting  out  in  full  all  portions  of  articles  of  incorporation 
and  amendments  thereof  filed  during  such  year  in  any 
public  office,  which  portions  define,  describe  or  desig- 
nate such  powers,  and  citing  in  connection  therewith  all 
statutes,  resolutions  and  other  acts  authorizing  the  same. 
Citations  of  statutes  must  show  the  chapter,  the  section, 
the  subdivision,  if  any:  those  of  resolutions  and  other 
acts  must  show  the  body  by  whom  made,  the  State 
thereof  and  the  exact  language  of  that  portion  thereof 
containing    the    authority    or    alleged    authority. 

19.  State  fully  all  franchises  which  were  acquired 
by  the  respondent  during  its  existence,  giving  detailed 
reference  to  all  statutes,  ordinances  and  other  acta 
and  facts  whereupon  the  claim  to  such  franchise  is 
based.  For  each  such  franchise,  show  In  detail  how, 
when,  by  whom  or  what,  and  for  what  valuable  con- 
sideration, if  any.  such  franchise  was  originally  granted, 
the  chain  of  title  connecting  the  respondent  with  the 
original  grantee,  and  how,  when,  from  whom  or  what, 
and  for  what  valuable  consideration,  if  any,  it  was 
acquired  by  the  respondent.  The  actual  consideration 
must  be  stated  and  not  merely  the  nominal  or  estimated 
values  thereof. 

20.  State  whether  there  was  made  during  the  year 
ended  June  30,  1908,  any  change  In  any  of  the  several 
departments  and  divisions  into  which  the  organization 
of  th<>  respondent  is  divided  for  the  purpose  of  ad- 
ministration  and   operation. 

21.  State  whether  there  was  made  during  the  year 
ended  June  30,  1908,  any  change  In  the  powers  or  in 
the  duties  of  any  principal  officer  or  agent  of  the 
respondent.  For  the  purpose  of  this  inquiry,  by  a 
principal  officer  or  agent  is  intended  one  who  is  re- 
sponsible directly  to  the  members  of  the  respondent, 
or  to  the  .board  of  directors,  managers  or  trustees  thereof. 

22.  State  whether  or  not  the  respondent  is  a  re- 
organied    company.      If    so,    when    was    the    consolidation 

I  effected. 

I  23.  If  the  respondent  is  a  consolidated  company, 
I  name  all  the  constituent  companies  (and  all  sub-con- 
1  stituents,  tracing  back  to  original  companies)  involved 
;  in,  and  give  the  dates  of  all  consolidations,  and  of  all 
'  incorporations,  reorganizations,  etc.,  of  constituent  com- 
panies effected.  Give  also  citation  of  all  statutes,  under 
which    such    charges    have    been   effected. 

24.     State  whether  or  not  respondent  is  a  reorganized 

company. 

j        24-A.     If    the    respondent    is    a    reorganized    company, 

I  describe  each  reorganization  through  which  it  has  passed, 

,  giving   in   the   case  of   each   such   organization    the  date 


thereof,  and  describing  the  legal  proceedings  through 
which  it  was  effected. 

24-B.  If  the  respondent  is  neither  a  consolidated  nor 
reorganized  company,  give  the  original  name  of  re- 
spondent and  the  date  of  incorporation  or  organization, 
and  cite  the  statutes  under  which  the  respondent  was 
incorporated  or  organized.  Give  full  details  concerning 
all  changes  of  name,  all,  increases  or  decreases  of  au- 
thorization to  issue  stock  or  other  securities,  and  all 
other  amendments  of  the  articles  of  incorporation  or 
association,  showing  with  respect  to  each  the  date  thereof 
and  citing  the  statute  or  statutes  under  which  it  was 
effected. 

25.  Submit  herewith  a  copy  of  the  b^-laws  of  the 
respondent  as  of  June  30,   1908. 

INTERCORPORATE  RELATIONSHIPS. 

(a.)  Control  over  a  corporation  means  ability  to 
determine,  whether  directly  or  indirectly,  the  action  of 
that  corporation.  For  the  purposes  of  this  report,  the 
following  are  to  be  considered  control;  I.  Right 
through  title  to  securities,  issued  or  assumed  by  the 
controlled  corporation,  to  exercise  the  major  part  of 
the  voting  power  in  such  corporation.  II.  Right  through 
express  agreements  of  some  character,  or  through  some 
other  source  than  title  to  securities,  to  name  the  major 
part  of  the  board  of  directors,  managers  or  trustees 
of  the  controlled  oorporation.  III.  Right  to  foreclose 
a  first  lien  upon  all  or  a  major  part  in  value  of  the 
tangible  property  of  the  controlled  corporation.  IV.  Right 
to  control  only  in  a  specific  respect  or  respects  the 
action  of  the  controlled  corporation.  (b.)  Direct  con- 
trol  is  that  which  is  exercised  without  the  interposition 
of  an  intermediary,  (c.)  Indirect  control  is  that  which 
is  exercised  through  an  intermediary.  When  "A"  has 
direct  control  over  "B"  and  "B"  has  direct  control 
over  "C,"  it  will  (with  possible  exceptions  in  cases  III 
and  IV  above)  be  proper  to  consider  "A"  as  having 
indirect  control  over  "C."  Cases  to  which  this  rule  is 
inapplicable  should  be  set  out  with  special  fullness  in 
the  answers  of  the  respondent.  (d.)  Sole  control  is 
that  which  rests  in  one  person,  corporation  or  other 
association,  (e.)  Joint  control  is  that  which  rests  in 
two  or  more  persons,  corporations  or  other  associations 
(or  any  combination  of  two  or  more  of  these)  and  was 
acquired  by  them  through  the  same  transaction,  or 
through  the  same  series  of  transactions.  (f.)  An  in- 
active corporation  or  association  is  one  that  has 
neither  operating  nor  fiscal  autonomy,  but  merely  legal 
existence,  (g.)  All  existent  a^porations  not  inactive 
are   to  be  considered   active. 

26-A.  Give  hereunder  in  alphabetic  order  a  list  of 
all  corporations  and  other  associations  over  which  the 
respondent  acquired,  during  its  existence,  any  form 
of  sole  direct  control,  showing  for  each  controlled  cor- 
poration or  other  association  its  exact  corporate  or 
associate  name,  the  location  (including  street  and  num- 
ber) of  its  main  business  office  (and.  if  it  has  no  busi- 
ness office,  then  give  the  location  of  its  corporate  office), 
the  name  and  the  official  title  of  its  principal  executive 
officer,  its  character  with  regard  to  activity  (1.  e., 
whether  active  or  inactive,  as  hereinbefore  defined), 
and  the  nature  of  the  source  of  control  (classifying  the 
same  as  I,  II,  III  or  IV,  according  to  the  classes  here- 
inbefore defined).  Follow  this  list  by  one  showing  In 
alphabetic  order  all  corporations  and  other  associa- 
tions over  which  the  respondent  acquired,  during  Its 
existence,  any  form  of  sole  indirect  control,  showing  for 
each  corporation  or  other  association  the  particulars 
above  called  for,  and  in  addition  thereto  giving,  by 
appropriate  line  number  references,  the  intermediaries 
through  which  such  control  was  held.  If  any  such  in- 
termediary is  not  elsewhere  named  in  this  report.  It 
must  be  named  in  an  appropriately  indicated  footnote 
hereunder.  These  lists  must  include  ALL  solely  con- 
trolled corporations  or  associations  of  whatever  char- 
acter which  had  legal  existence  at  any  time  during 
the  year  named,  and  control  over  which  was  acquired 
during  the  year  ended  June  30,  1908. 

27.  Give  hereunder  in  alphabetic  order  a  list  of  all 
corporations  and  associations  over  which  the  respondent 
and  another,  or  others  had  on  June  30,  1908,  joint  control, 
as  hereinbefore  defined,  showing  for  each  controlled 
corporation   or   association   Its   exact   corporate  or  asso- 


1124 


National  Association  of  Bailttay  Commissionebs 


ciate  name,  the  location  (including  street  and  number), 
of  its  main  business  office  (and  if  it  has  no  business 
office,  then  give  the  location  of  its  corporate  office),  the 
name  and  the  official  title  of  its  principal  executive 
officer,  its  character  with  regard  to  activity  (i.  e., 
whether  active  or  Inactive  as  hereinbefore  defined), 
and  the  nature  of  the  source  of  control  (denoting  the 
same  as  I,  II,  III  or  IV,  according  to  the  classes  herein- 
before defined).  Show,  also,  for  each  such  controlled 
corporation  whether  the  respondent's  control  was  direct 
or  indirect,  and  if  indirect  give  appropriate  page  and  line 
references  to  the  corporations  and  associations  shown  in 
this  report  through  which  the  control  existed,  giving  in  ap- 
propriately indicated  footnotes  the  names  of  all  intermed- 
iaries not  elsewhere  shown  in  this  report;  and  show 
for  each  controlled  corporation  or  association  the  names 
of  all  contestants  in  the  joint  control  and  the  extents  of 
their  respective  interests.  This  list  must  include  all  jointly 
controlled  corporations  and  associations  of  whatever 
character  which  had  existence  on  the  date  named,  In 
the  joint  control  whereof  the  respondent  had  any  in- 
terest whatsoever. 

28.  Give  hereunder  in  alphabetic  order,  a  list  of  all 
corporations  or  associations  (omitting  oply  those  hereto- 
fore shown  in  this  report  as  solely  or  jointly  controlled) 
in  which  the  respondent  had  on  June  30,  1908,  sufficient 
influence  to  have  enabled  it  to  name  one  or  more  di- 
rectors, trustees  or  managers,  had  'an  election  thereof 
then  been  in  order.  Show  for  each  such  corporation 
or  association  its  exact  corporate  or  associate  name, 
the  location  (including  street  and  number)  of  its  main 
business  office  (and  if  it  has  no  business  office,  then 
give  the  location  of  its  corporate  office),  the  name  and 
the  title  of  directors,  managers  or  trustees  provided  for  in 
the  charter,  by-laws  or  articles  of  association,  the  total 
number  eligible  at  each  election  of  directors,  trustees 
or  managers,  the  frequency  prescribed  for  such  elections, 
the  number  of  directors,  managers  or  trustees  qualified 
and  acting  on  June  30,  1908,  who  were  named  by  or  in 
behalf  of  the  respondent.  This  list  must  Include  all 
Incorporations  and  associations  of  whatever  character. 

29.  State  whether  or  not  the  respondent  had  on  June 
30,  1908,  either  directly  or  indirectly,  title  to  30  per  cent 
or  more  (but  less  than  a  majority)  of  the  total  voting 
power  in  any  corporation  or  association. 

30.  If,  on  June  30,  1908,  the  respondent  had,  either 
directly  or  indirectly,  title  to  30  per  cent  or  more  (but 
less  than  a  majority)  of  the  total  voting  power  in  any 
corporation  or  association,  show  in  alphabetic  order  a 
list  of  all  such  corpo!Wtions  or  associations  in  which 
the  respondent  had  such  influence  directly,  and  for 
each  such  corporation  or  association,  give  its  exact  cor- 
porate or  associate  name,  the  location  (including  street 
and  number)  of  its  main  business  office,  the  name  and 
the  official  title  of  its  principal  executive  officer,  the 
total  voting  power  in  the  said  corporation  or  associa- 
tion, the  amount  of  voting  power  held  by  the  respondent, 
the  source  of  the  respondent's  voting  power  (as  e.  g., 
through  ownership  of  securities,  describing  them,  or 
through  agreement,  etc.)  Follow  this  list  by  another 
•bowing  in  alphabetic  order  all  corporations  and  asso- 
ciation! in  which  respondent  had  such  influence  in- 
directly, showing  the  facts  as  above  called  for,  and 
showing,  also  in  footnotes  appropriately  referred  to, 
the  names  of  the  respective  intermediaries.  The  cor- 
porations here  required  to  be  listed  need  not  include 
any  jointly  controlled  corporations  and  associations 
■hown  inquiries  Nos.  27  and  28. 

31.  State  whether  or  not  any  corporation  or  other 
association  had  at  any  time  during  the  year  ending 
June  30,  1908,  any  form  of  sole  control  over  the  re- 
spondent, using  the  term  sole  control  as  hereinbefore 
defined. 

32.  If  any  corporation  or  other  association  had  at 
any  time  during  the  year  ended  June  30,  1908  any  form 
of  sole  control  over  respondent,  give  for  each  such  con- 
trolling corporation: 

(a)  Its  exact  corporate  or  associate  name.  (b) 
The  location  (including  street  and  number)  of  its  main 
business  office  on  June  30,  1908.  (c)  The  location  (in- 
cluding street  and  number)  of  its  corporate  or  associate 
office  on  June  30,  1908.  (d)  The  name,  address  and 
official  title  of  Its  principal  executive  officer,  (e)  The 
date  when  it  acquired  control  over  the  respondent,     (f) 


The  date  (if  any)  when  it  relinquished  control  over  the 
respondent,  (g)  The  character  of  its  control  over  re- 
spondent, and  the  transaction  or  transactions  through 
which  it  obtained  control.  If  at  any  time  during  the 
said  year  the  said  control  was  indirect,  state  that  fact 
and  give  the  names  of  all  intermediaries.  If  the  said 
control  was  relinquished  during  the  said  year,  state 
the  transaction  or  transactions  through  which  such  re- 
linquishment was  effected. 

33.  State  whether  or  not  any  two  or  more  corpora- 
tions or  associations  or  any  combination  of  corporations 
or  associations,  or  individuals  had  at  any  time  during  the 
year  ended  June  30,  1908,  any  form  of  joint  control  over 
the  respondent,  using  the  term  joint  control  as  herein- 
before defined. 

34.  If  any  two  or  more  corporations  or  associations 
or  any  combination  of  corporations,  associations,  or  indi- 
viduals, had  at  any  time  during  the  year  ended  June  30, 
1908,  any  form  of  joint  control  over  the  respondent,  give 
for  each  instance  of  such  control. 

(a)  The  exact  name  of  all  corporations,  associations, 
and  Individuals  participating  in  such  control,  (b)  1'he 
date  when  such  control  was  acquired.  (c)  The  d.ite 
(if  any)  when  such  control  was  relinquished,  (d)  I'he 
character  of  such  control,  and  the  transaction  or  trans- 
actions through  which  it  was  acquired.  If  at  any  tixe 
during  the  said  year  the  said  control  was  indirect,  state 
that  fact,  and  give  the  names  of  all  intermediaries.  If 
the  said  control  was  relinquished  at  any  time  durng 
the  year,  state  the  transaction  or  transactions  throi  gh 
which  such  relinquishment  was  effected.  For  each  corpora- 
tion or  association  participating  in  any  such  contiol, 
give:  (e)  The  location  (including  street  and  numb>^r) 
of  its  main  business  office  on  June  30,  1908.  (f)  The 
location  (including  street  and  number)  of  its  corporate 
or  associate  office  on  June  30,  1908.  (g)  The  naiie, 
address  and  official  title  of  its  principal  executive  offl<  er^ 
and  (h)  The  extent  of  its  interest  in  the  respondent,  and 
for  each  individual  participating  in  any  such  cont -ol 
give:  (i)  His  business  address  (including  street  End 
number)  and  (j)  The  extent  of  his  interest  in  the  re- 
spondent, marking  the  parts  of  the  answer  to  cor-e- 
spond   with  the  parts  of  the  inquiry. 

35.  State  whether  or  not  any  corporation  or  as  io- 
ciation  had  at  any  time  during  the  year  ended  June  '.0, 
1908,  sufficient  influence  (less  than  control)  to  hi  ve- 
been  able  to  name  one  or  more  members'  of  the  boi  rd 
of  directors,  managers  or  trustees  of  the  respond'  nt 
had  an  election  thereof  been  in  order. 

36.  If  at  any  time  during  the  year  ended  June  !0, 
1908,  any  corporation  or  association  had  sufficient  in  !u- 
ence  (less  than  control)  to  have  been  able  to  name  cae 
or  more  members  of  the  board  of  directors,  manag>  rs 
or  trustees  of  the  respondent,  had  an  election  ther-of 
been  in  order,  give  for  each  corporation  or  association 

(a)  Its  exact  corporate  or  associate  name,  (b)  1  tio- 
location  (including  street  and  number)  of  its  mi  in 
business  office  on  June  30,  1908.  (c)  The  location  i  in- 
cluding street  and  number)  of  its  corporate  or  asao- 
ciatfe  office  on  June  30,  1908.  (d)  The  name,  address 
and  official  title  of  its  principal  executive  officer,  i  e) 
The  date  when  it  acquired  such  influence  in  the  respond- 
ent, (f)  The  date  (if  any)  when  it  ceased  to  hjve 
such  Influence  in  respondent,  (g)  The  extent  and  cl  ar- 
acter  of  its  influence  in  respondent,  and  the  transact  on 
or  transactions  through  which  such  Influence  was  ac- 
quired. If  it  was  divested  of  such  influence  at  any  ti  ne 
during  the  said  year,  show  the  transaction  or  trans  ic- 
tions  through  which  such  change  was  effected..  Slow 
also  (h)  The  names  and  addresses  of  all  members  of 
the  board  of  directors,  managers  or  trustees  of  the  re- 
spondent who  were  named  by  or  in  behalf  of  each  such 
corporation  or  association. 

37.  State  whether  or  not  at  any  time  during  the 
year  ended  June  30,  1908,  any  officer,  or  any  member 
of  the  board  of  directors,  managers  or  trustees  of  the 
respondent  was  also  an  officer  or  member  of  the  board 
of  directors,  managers  or  trustees  of  any  other  corpora- 
tion or  association  not  solely  controlled  by  the  respondent. 

38.  If  at  any  time  during  the  year  ended  June  30, 
1908,  any  other  corporation  or  association  not  solely 
controlled  by  the  respondent  had  as  an  officer  thereof, 
or  as  a  member  of  its  board  of  directors,  managers  or 
trustees,    any    person    who    was    at    the    same    time    an 


Public  Service  Laws 


1125 


officer  of  the  respondent,  or  a  member  of  the  board  of 
directors,  managers  or  trustees  of  the  respondent,  give 
the  name  of  each  such  corporation  or  association,  the 
location  (including  street  and  number)  of  its  main 
business  office,  the  name  and  title  of  its  principal  ex- 
ecutive officer,  the  number  of  members  of  its  said 
board,  and  the  names,  official  titles  and  dates  of  ter- 
mination of  office  or  of  membership  in  said  board  of 
such  corporation  or  association  of  all  persons  who  were 
at  the  same  time  officers  of  the  respondent  or  m-embers 
of  its   board   of  directors,   managers   or  trustees. 

39.  State  whether  or  not  any  corporation  or  other 
association  had,  on  June  30,  1908,  any  form  of  title  in 
remainder  or  reversion  to  any  item  of  tangible  property 
to  or  in  which  the  respondent  had  on  that  date  right 
of  possession. 

40.  If,  on  June  30,  1908,  any  corporation  or  other 
association  had  any  form  of  title  in  remainder  or  re- 
version to  any  item  of  tangible  property  to  or  in 
which  respondent  had  on  that  date  right  of  possession, 
give  the  exact  corporate  or  associate  name  of  each 
such  corporation  or  association,  the  location,  (including 
street  and  number)  of  its  main  business  office,  the  name 
and  official  title  of  its  principal  executive  officer,  the 
date  when  respondent's  present  interest  in  such  item 
of  tangible  property  will  terminate,  and  a  brief  de- 
scription of  such  item  of  tangible  property,  showing 
in  connection  therewith  the  extent  of  the  respondent's 
Interest  therein,  and  all  conditions  to  which  such  interest 
is  subject,  including  herein  a  clear  statement  of  all 
rental  and  other  obligations,  the  non-performance  of 
which  gives  a  right  of  foreclosure  of  forfeiture  of  the 
respondent's   interest. 

41.  State  whether  or  not  respondent  had  at  any  time 
during  the  year  ended  June  30,  1908,  an  easement  of  any 
character  in  the  property  of  any  other  corporation  or 
association. 

42.  If  at  any  time  during  the  year  ended  June  30, 
1908,  the  respondent  had  an  easement  of  any  character 
in  the  property  of  any  other  corporation  or  association, 
show  with  respect  to  such  easement  its  character  and 
extent,  the  property  subject  to  it,  the  names  of  the 
holders  of  the  right  of  possession  to  or  in  said  property 
subject  to  such  easement,  the  duration  of  such  easement 
and  the  conditions  (as  of  rentals,  etc.)  subject  to  which 
the   respondent  enjoys   such   easement. 

43.  State  whether  or  not  the  respondent  had  at 
any  time  during  the  year  ended  June  30,  1908,  possession 
of  any  property  which  it  held  subject  to  a  servitude 
In  favor  of  any  other  corporation  or  association. 

44.  If  at  any  time  during  the  year  ended  June  30, 
1908.  respondent  had  possession  of  any  property  which 
It  held  subject  to  a  servitude  in  favor  of  any  other 
corporation  or  other  association,  describe  each  item  of 
property  so  held,  and  show  the  character  and  extent 
of  the  servitude  to  which  it  was  subject,  the  duration 
of  the  servitude,  the  name  of  the  beneficiary  thereof, 
and  the  conditions  (as  of  payment  of  rentals,  etc.,  to 
the  respondent)  upon  the  performance  of  which  the 
continuance   of   said    servitude    depends. 

45.  State  whether  or  not  respondent  held  on  June  30, 
1908,  an  option  to  purchase  any  property  of  any  char- 
acter whatsoever  from  any  other  corporation  or  asso- 
ciation. 

46.  If  respondent  held  on  June  30,  1908,  an  option 
to  purchase  from  another  corporation,  or  other  asso- 
ciation any  property  of  any  character  whatsoever,  de- 
scribe briefly  each  item  of  property  subject  to  any  such 
option,  showing  in  connection  with  each  such  option 
the  name  and  address  of  the  party  who  held  the  said 
property  to  the  said  option,  the  extent  and  character 
of  the  said  property,  the  date  when  the  option  was 
originally  granted  and  to  whom,  the  date  when  and  the 
persons  from  whom  and  fee  what  consideration  it  was 
acquired  by  the  respondent,  the  terms  of  the  option 
and  the  date  on  or  before  which  it  must  be  exercised, 
if  at  all. 

47.  State  whether  or  not  there  were  outstanding  on 
June  30,  1908,  any  options  for  the  purchase  of  any  of 
the    property    of    the    respondent. 

48.  If  on  June  30,  1908,  there  were  outstanding  any 
options  for  the  purchase  of  any  of  the  property  of  the 
respondent,     describe    briefly    the     property    covered    by 


each  such  option,  and  state  the  terms  of  the  option, 
and  the  date  on  or  before  which  it  must  be  exercised, 
if  at  all,  the  date  when  and  the  consideration  for  which 
the  option  was  originally  granted,  the  original  grantee 
and  the  present  holder  of  such  option. 

49.  State  whether  or  not  at  any  time  during  the 
year  ended  June  30,  1908,  the  respondent  obligated  itself 
as  guarantor  or  surety  for  the  performance  by  any  other 
corporation  or  other  association  of  any  agreement  or 
obligation,  excluding  therefrom  ordinary  commercial  paper 
maturing  on  demand,  or  not  later  than  one  year  after 
date  of  issue. 

50.  If,  at  any  time  during  the  year  ended  June  30, 
1908,  the  respondent  obligated  itself  as  guarantor  or 
surety  for  the  performance  by  any  other  corporation  or 
other  association,  of  any  agreement  or  obligation,  show 
for  each  such  contract  of  guaranty  or  suretyship  in 
force  at  any  time  during  the  said  year,  the  names  of  all 
parties  principally  and  primarily  liable,  the  character, 
extent  and  terms  of  such  agreement  or  obligation,  the 
extent  of  the  respondent  liability,  the  contingency  where- 
upon the  respondent's  liability  becomes  actual,  and  the 
security  taken  by  the  respondent  to  protect  itself  against 
such  contingency.  This  inquiry  does  not  cover  the  case 
of  ordinary  commercial  paper  maturing  on  demand  or 
not  later  than  one  year  after  date  of  issue. 

51.  State  whether  or  not  at  any  time  during  the  year 
ended  June  30,  1908,  or  other  association  obligated  itself 
as  guarantor  or  surety  for  the  performance  by  the  re- 
spondent of  any  agreement  or  obligation,  excluding  there- 
from ordinary  commercial  paper  maturing  on  demand,  or 
not   later  than  one  year  after  date  of  issue. 

52.  If,  at  any  time  during  the  year  ended  June  30, 
1908,  any  corporation  or  other  association  obligated  itself 
as  guarantor  or  surety  for  the  performance  by  the  re- 
spondent of  any  agreement  or  obligation,  show  for  each 
such  contract  or  guaranty  or  suretyship  in  force  at  any 
time  during  the  said  year,  the  character,  extent  and 
terms  of  the  primary  agreement  or  obligation,  the  names 
of  all  guarantors  and  sureties,  the  extent  of  their  several 
contingent  liabilities  as  such  guarantors  or  sureties,  the 
contingencies  whereupon  their  liabilities  will  become 
actual,  the  consideration,  if  any,  given  by  the  respondent 
to  obtain  such  guaranty  and  surety,  and  the  security, 
If  any,  given  by  the  respondent  to  such  guarantors  and 
sureties  for  their  indemniflcation.  This  inquiry  does  not 
cover  the  case  of  ordinary  commercial  pajier  maturing 
on  demand  or  not  later  than  one  year  after  date  of  issue. 

BALANCE  SHEET. 

53.  Show  hereunder  the  balance  sheet  particulars  of 
the  respondent  as  shown  by  its  accounts  (or  deducible 
therefrom)  as  of  the  close  of  business  June  30.  1907,  cor- 
responding information  as  of  the  close  of  business  on 
June  30,  1908,  and  the  net  change  in  each  item  during 
the  year  ended  June  30,  1908,  fully  itemized. 

EXPENDITURES    FOB    CONSTRUCTION    AND    EQUIPMENT. 

54.  Show  below  the  expenditures  for  all  construc- 
tion and  equipment  of  the  respondent  devoted  to  pub- 
lic service  on  June  30,  1907,  the  like  expenditures  for 
all  construction  and  equipment  of  the  respondent  devoted 
to  public  service  on  June  30,  1908,  the  total  debits  made 
during  the  year  ended  June  30,  1908,  to  the  several  ac- 
counts named,  the  total  credits  made  during  the  said 
year  to  the  said  accounts,  the  expenditures  (similarly 
classified)  made  during  the  said  year  for  extensions  of 
line  and  for  equipment  of  such  extensions,  and  the  expen- 
ditures (similarly  classified)  made  during  the  said  year 
for  additions  and  betterments  to  the  lines  and  equipment 
of  the  respondent,  showing  with  respect  to  such  expen- 
ditures for  additions  and  betterments,  the  classes  of 
accounts  to  which  they  are  charged,  as  between  capital 
accounts,  income  accounts,  and  special  fund  or  reserve 
Bccounts. 

CAPITAI,  EMPLOYED  IN   OUTSIDE  OPERATIONS. 

55.  Show  hereunder  the  cost  of  property  devoted  by 
the  respondent  to  the  several  classes  of  outside  opera- 
tions in  which  it  was  engaged  on  June  30,  1908,  and  on 
June  30,  1907,  as  such  cost  was  shown  upon  (or  was 
deducible  from)  its  accounts  and  records  as  of  those 
dates,  together  with  the  net  change  in  such  cost  for  each 
class  of  operations  during  the  year  ended  June  30,   1908. 


1186 


National  Association  of  Railway  Commissionbes 


SPECIAL   DEPOSITS. 

56.  Detail  hereunder  the  various  special  deposits  of 
the  respondent  on  June  30,  1908,  the  aggregate  of  which 
is  shown  in  the  item  "special  deposits"  in  the  balance 
sheet.  By  special  deposit  is  meant  money  or  credit 
placed  in  the  hands  of  a  fiscal  agent  or  other  agent  of 
the  respondent  for  some  special  purpose,  and  not  to  be 
used  for  general  purposes  until  after  the  special  purpose 
is  satisfied,  as  e.  g.,  payment  of  interest  coupons,  payment 
of  dividends,  payment  of  taxes,  etc. 

BESEBVE. 

57.  Detail  hereunder  the  various  reserves  of  the  re- 
spondent on  June  30.  1908,  the  aggregate  of  which  is 
shown  in  the  item  "reserves"  in  the  balance  sheet.  By 
a  reserve,  as  the  word  is  here  used,  is  meant  the  unex- 
hausted portion  of  an  advance  payment,  as  of  rent. 
Insurance  premiums,  maintenance,  directory,  taxes,  ac- 
crued interest,  etc. 

SUSPENSE. 

58.  Show  hereunder  the  various  debits  in  suspense 
on  June  30,  1908,  the  aggregate  of  which  is  shown  in  the 
item  "suspense"  in  the  balance  sheet. 

INVESTMENTS. 

59.  Show  hereunrfer  the  details  of  the  securities  and 
other  things  held  as  investments,  whether  subject  to 
pledge,  mortgage,  or  other  lien,  or  held  as  free  assets, 
showing  with  respect  to  each  such  pledge,  mortgage  or 
other  lien,  the  obligation  in  support  of  which  it  was 
created,  and  following  the  description  thereof  v/ith  a  list 
of  such  securities  and  other  things  subject  thereto  classi- 
fied in  the  following  order:  (1)  Bonds  of  companies 
independent  of  the  respondent.  (2)  Other  funded  debt 
of  independent  companies.  (3)  Stocks  of  independent 
companies.  (4)  Bonds  of  companies  subsidiary  to  or 
affiliated  with  the  respondent.  (5)  Other  funded  debt  of 
subsidiary  or  afiiliated  companies.  (6)  Stocks  of  sub- 
sidiary or  affiliated  companies.  (7)  Advances  to  sub- 
sidiary or  affiliated  companies.  (8)  Improved  real  estate 
(showing  the  land  and  the  improvements  thereon  sepa- 
rately). (9)  Unimproved  real  estate,  and  (10)  All  other 
Investments,  stating  them  in  detail,  and  giving  finally  a 
similarly  classified  list  of  investments  held  as  tree  assets 
on  June  30,  1908.  Each  security  of  any  of  the  foregoing 
classes  must  be  shown  separately,  aud  its  description 
raust  give  the  name  of  the  issuing  company,  the  name 
■of  the  security,  the  date  of  issue  thereof,  the  date  of 
maturity  (it  any),  the  rate  of  interest,  the  dates  of 
maturity  of  interest  or  of  contracted  dividends  (if  any), 
the  date  of  acquisition  by  the  respondent,  the  actual 
money  cost  to  the  respondent,  the  amount  at  which  it 
Is  carried  on  the  books  of  the  respondent,  and  the  in- 
come accrued  therefrom  to  the  respondent  during  the 
year  ended  Jane  30,  1908.  Each  thing  other  than  a  se- 
curity must  be  described  with  sufficient  detail  to  identify 
it.  and  in  connection  therewith  must  be  shown  the  date 
of  acquisition  by  the  respondent,  the  cost  to  the  respon- 
dent, the  amount  at  which  it  was  carried  on  the  books  of 
the  respondent  during  the  year  ended  June  30,  1908.  By 
Investments  as  here  used,  are  meant  all  properties 
acquired  not  for  use  in  present  operations,  but  as  a 
means  of  obtaining  or  exercising  control  over  the  cor- 
poration, or  for  income  to  be  derived  from  such  prop- 
erties, or  for  a  rise  in  value,  or  for  devotion  to  future 
operations  (excluding  material  and  supplies).  By  sub- 
sidiary companies  are  meant  those  controlled  by  the 
respondSnt,  either  solely  or  jointly,  either  directly  or 
indirectly.  By  affiliated  companies  are  meant  those 
which  are  subsidiary  to  the  same  corporation  or  con- 
trolling  interest  or  interests. 

FUNDED    DEBT. 

60.  Show  hereunder  the  several  funded  debt  liabilities 
of  the  respondent  outstanding  on  June  30,  1908.  stating 
them  in  the  following  order:  (1)  Real  Estate  Mortgage 
Bonds.  (2)  Collateral  Trust  Bonds.  (3)  Debentures, 
Pfaln  Bonds  and  Promissory  Notes.  (4)  Income  Bonds, 
and  (5)  all  other  Funded  Debt  Liabilities  (stating  them 
In  detail  and  showing  in  footnotes  appropriately  referred 
to,  the  peculiarities  which  prevent  their  inclusion  in  anv 
of  the  preceding  classes).  Arrange  the  liabilities  of  each 
class  in  the  order  of  their  maturity,  and  give  for  each 
liability  its  name,  the  date  of  Issue,  the  date  of  maturity, 
the  rate  and  date  of  maturity  of  interest,'  the  par  value  of 


the  authorized  issue,  the  total  par  value  actually  issued, 
the  total  amount  of  cash  realized  thereon  (show  in  a 
footnote  appropriately  referred  to  the  actual  considera- 
tion realized  by  the  respondent  or  by  the  issuer)  and  the 
par  value  of  the  portion  redeemed,  retired,  canceled  or 
otherwise  nullified,  if  any.  The  liabilities  here  called  for 
are  those  for  which  the  respondent  is  primarily  liable. 

SECUBITT   FOB  FUNDED   DEBT. 

61.  Show  hereunder  the  particulars  concerning  the 
property  of  the  respondent  mortgaged,  pledged  or  other- 
wise bound  as  security  for  the  funded  debt  and  other 
obligations   of  the  respondent  on  June  30,  1908. 

CUBBENT  ASSETS  AND  CUBBENT  LIABILITIES,  JUNE   30,   1908. 

62.  Show  hereunder  the  cash  and  other  current  assets 
available  on  June  30,  1908,  for  the  satisfaction  of  current 
liabilities  of  that  date,  including  rents  payable  July  1, 
1908.  Opposite  the  title  "Cash  Assets"  show  the  total 
amount  of  cash  in  the  hands  of  the  treasurer  available 
for  general  purposes  and  credits  at  banks  and  other  <le- 
positories  available  on  demand.  Opposite  "Bills  Receiv- 
able" show  all  bona  flde  and  collectible  promissory  noles 
and  other  commercial  paper  (excluding  bank  bills  and 
other  matter  includible  in  "cash  assets")  due  on  demand 
or  at  an  early  date.  Opposite  "Due  From  Agents"  show 
the  amount  due  from  agents  of  the  respondent  which  is 
to  be  remitted  as  applying  to  business  up  to  and  includ- 
ing June  30,  1908.  Do  not  include  any  material  and  sup- 
plies among  current  assets.  Opposite  "Loans  and  Bills 
Payable"  show  the  amount  of  all  outstanding  loans  and 
bills  payable  not  includible  in  funded  debt,  whether  such 
loans  and  bills  be  matured  or  unmatured.  Opposite 
"Audited  Vouchers  and  Accounts"  show  the  amount  ot 
audited  vouchers  and  accounts  payable  up  to  and  includ- 
ing June  30,  1908.  Opposite  "Wages  and  Salaries"  sti.te 
the  amount  of  wages  and  salaries  due  or  accrued  or 
services  rendered  up  to  and  including  June  30,  19  )8. 
Opposite  "Dividends  Not  Called  For"  show  all  divider  ds 
declared  up  to  and  including  June  30,  1908,  which  h£  ve 
not  yet  been  paid.  Opposite  "Matured  Interest  Coup<  ns 
Unpaid"  show  the  amount  of  all  interest  due  and  unpi.id 
up  to  and  including  June  30,  1908,  include  also  inter  «t 
falling  due  as  of  July  1.  Opposite  "Rents  Due  July  1" 
show  all  sums  due  for  rent  of  leased  wires  and  otl  er 
properties  up  to  and  including  .luly  1.  Opposite  "1\  is- 
cellaneous"  show  all  unfunded  debt  not  includible  umiu^ 
any    preceding   head.  ^  ■ 

STOCKS.  ^" 

63.  Show  hereunder  the  several  stocks  of  the  resp  >n- 
dent  outstanding  on  June  30,  1908,  stating  them  in  he 
following  order:  (a)  Debenture  Stocks,  (b)  First  I  re- 
ferred Stocks,  (c)  Second  Preferred  Stocks,  and  (d)  Ci  m- 
mon  Stocks.  Arrange  the  stocks  of  each  class  in  he 
order  of  their  priority  of  right  to  dividends,  and  give 
for  each  stock  its  name,  the  date  of  issue,  the  par  value 
of  each  share,  the  total  number  of  shares  authorized,  he 
total  number  of  shares  issued,  the  total  amount  of  c  ish 
realized  thereon  (and  if  such  stock  was  not  issued  for 
cash,  show  in  a  footnote  the  actual  consideration  realised 
upon  the  issue  by  the  respondent  or  by  the  issuer),  ;  nd 
the  par  value  of  the  portion  redeemed,  retired,  cancf  led 
or  otherwise  nullified,  if  any.  The  stocks  here  called  tor 
are  those  issued  by  the  respondent  or  assumed  by  it  aR 
though   originally   issued   by    it. 

DIVIDENDS. 

64.  On  correspondingly  numbered  lines  hereurder 
show  for  each  of  the  stocks  listed  above,  the  par  vi  lue 
of  the  amount  outstanding  on  June  30,  1908,  the  par 
value  of  the  par  value  of  the  amount  held  by  or  in  be- 
half of  the  respondent  (stating  in  this  connection  the 
amount  held  free  of  lien,  together  with  the  name  of  the 
pledgee  or  linor)  the  par  value  of  the  net  amount  out- 
standing on  June  30,  1908,  the  amount  of  dividends  de- 
clared thereon  during  the  year  ended  on  that  date,  and 
the  amount  of  dividends  actually  paid  during  that  year. 
If  any  of  the  said  stocks  held  by  or  on  behalf  of  ''  ~ 
respondent  are  subject  to  any  pledge,  mortgage,  or  o  ; 
lien,  that  fact  and  a  designation  of  the  stock  so  r.-, 
must  be  shown  in  a  footnote  appropriately  referred  to. 

CL.\SSIFICATION   OF  LINES. 

64-A.     Show    hereunder    all    line    to    or    in    which    • 
respondent  had  on   June  30,  1908,  right  of  possession  o^ 
occupancy,  classifying  the  same  into: 


Public  Service  Laws 


1127 


A.  Held  under  a   sole  title  in   perpetuity. 

B.  Held  under  a  terminable  sole  title,  reversion  in  a 
■controlled,  affiliated  or  controlling  corporation. 

3.  Terminable  after  a  specified  number  of  years, 
either   absolutely    or    after   notice. 

2.  Terminable  at  will  or  after  the  expiration  of  a 
fixed  period  not  in  excess  of  one  year  after  notice. 

C.  Held  under  a  terminable  sole  title,  reversion  in  an 
Independent    corporation. 

1.  Terminable  after  a  specified  number  of  years, 
either  absolutely  or  after  notice. 

2.  Terminable  at  will  or  after  the  expiration  of  a 
period  not  in  excess  of  one  year  after  notice. 

D.  Held  under  a  joint  (or  common)  title  in  per- 
petuity. 

E.  Held  under  a  terminable  joint  (or  common)  title, 
reversion  in  a  controlled,  affiliated  or  controlling  cor- 
poration— subclassified  according  to  (1)  and  (2)  under 
(B)     foregoing. 

F.  Held  under  a  terminable  joint  (or  common)  title, 
reversion  in  an  independent  corporation — subclassified  ac- 
cording to    (1)    and    (2)    under    (C)    foregoing. 

G.  Occupied  or  occupiable  under  lease  right  or  other 
form   of   license   form — 

1.  A    controlled,   affiliated,   or   controlling  corporation 

2.  An  Independent  corporation — and  showing  for  each 
line  so  held  or  occupied,  the  class  of  the  town,  city  or 
village,  the  offices  connected  by  it,  the  length  and  class 
of  wire   (in  miles  and  hundredths  of  a  mile). 

INCOME    .\CCOUNT. 

65.  Show  the  various  items  of  the  income  account 
of  the  respondent  for  the  year  ended  June  30,  1908,  fully 
and  completely  itemized. 

TROFIT  AND  LOSS  ACCOUNT  FOR  THE  YEAR  ENDED  JUNE  30,   1908. 

66.  Balance  forward  from  previous  year  must  be 
shown.     Dividends  declared  out  of  surplus  must  be  shown. 

REVENUES. 

67.  Show  the  operating  revenues  of  the  respondent, 
classified  in  accordance  with  your  own  accounting  system 
for  the  year  ended  June  30,  1907,  those  for  the  year 
ended  June  30,  1908,  and  the  increase  of  the  latter  over 
the  former  for  each  of  the  several  classes;  decreases,  if 
any,  should  be  shown  in  a  separate  column.  Oklahoma 
separate  from  entire  line,  segregated  according  to  the 
rules  of  your  own  accounting  officers,  provided,  the  rules 
are  properly  explained  in  each  and  every  item  where  the 
^amounts   cannot   be   entirely   localized   to   Oklahoma. 

OPERATING  EXPENSES. 

68.  Show  the  oi>erating  expenses  of  the  respondent 
(classified   in   accordance   with   its  own  accounting  rules) 

tor  the  year  ended  June  30,  1907,  and  those  for  the  year 
ended  June  30,  1908,  and  the  increase  of  the  latter  over 
the  former  for  each  of  the  several  classes;  decreases,  if 
any,  should  be  shown  in  a  separate  column.  Oklahoma 
•separate  from  entire  line,  segregated  according  to  the 
rules  of  your  own  accounting  officers,  providing,  the  rules 
are  properly  explained  in  each  and  every  item  where  the 
•amounts   cannot  be  entirely  localized  to  Oklahoma, 

TAXES. 

69.  Show  the  various  particulars  called  for  with  re- 
spect to  the  taxes  accrued  and  charged  to  income  account 
Of  the  respondent  for  the  year  ended  June  30,  1908.  also 
the  taxes  paid  during  the  said  year.  The  properties  to 
which  the  statement  called  for  relates  shall  be  classified 
as  follows: 

a.  Properties   completely  owned  b.v  the   respondent. 

b.  Properties  held  by  it  under  some  form  of  lease 
from  controlling,  affiliated,  or  controlled  corporations. 

c.  Properties   held    by   It   under   some   form    of   lease 
■    from  other  corporations  than  those  provided  for  in   (b). 

RENTS  ACCRUED. 

« 

70.  Show  hereunder  the  various  particulars  concern- 
ing the  properties  of  the  respondent  In  lines  in  the  pos- 
session of  others  whereby  rent  accrued  to  the  respondent 
during  some  portion  or  all  of  the  year  ended  June  30. 
1908. 

I  MISCELLANEOUS   RENTS   RECEIVABLE. 

,    71.    Give  hereunder  a   detail  of  the   properties,   rents 
wherefrom  are  credited  to  Income  under  the  head  of  Mla- 
.cellaneous    Rents,    describing    separately    each    item    of 


property  the  gross  rent  wherefrom  is  not  less  than  $100 
per  month,  and  grouping  the  others  in  a  single  item 
"Minor  Rents  Receivable."  Show  for  each  item  the  gross 
rent  received  for  the  year  ended  June  30,  1908  (or  for 
such  portion  of  the  year  as  the  revenue  covered),  the 
expenses,  and  the  amount  credited  to  Income. 

INTEREST  ON   OTHER  SECURITIES,  LOANS  AND  ACCOUNTS. 

72.  Show  hereunder  the  income  accrued  to  the  re- 
spondent during  the  year  ended  June  30,  1908,  from  inter- 
est on  securities  not  includible  in  any  foregoing  statement, 
giving  a  description  of  each  such  security,  showing  the 
paramount  held,  the  period  during  which  held,  and  the 
income  derived  therefrom,  also  similar  Information  con- 
cerning advances  to  subsidiary  companies,  showing  sepa- 
rately for  each  such  company,  also  for  the  item  "Bank 
Balances"  as  a  whole,  and  for  all  other  loans  and  ac- 
counts wherefrom  any  interest  was  derived  during  the 
said  year,  showing  separately  each  such  loan  and  account . 
wherefrom  the  interest  during  the  said  year  or  a  part 
thereof  amounted  to  $100  or  more,  and  grouping  all  the 
others  in  a  single  item  "Minor  Loans  and  Accounts." 

MISCELLANEOUS    INCOME. 

73.  Show  hereunder  all,  items  of  income  (classified  in 
accordance  with  the  nature  thereof)  which  accrued  to  the 
respondent  during  the  year  ended  .Tune  30,  1908,  and  are 
not  provided  for  in  any  preceding  statement. 

MISCELLANEOUS   RENTS  PAYABLE. 

74.  Give  hereunder  a  detail  of  the  properties,  rents 
whereupon  were  charged  to  income  by  the  respondent  dur- 
ing the  year  ended  June  30,  1908,  under  the  head  Mis- 
cellaneous Rents,  describing  separately  each  item  of  prop- 
erty, the  gross  rent  whereupon  was  not  less  than  $100  per 
month,  and  grouping  the  others  in  a  single  item  "Miscel- 
laneous Rents  Payable."  Show  for  each  item  the  rate  of 
rent,  the  period  of  ocrupancy,  and  the  total  charge  there- 
for to  Income. 

SINKING   FUNDa  CHARGEABLE   TO   INCOME. 

75.  Show  hereunder  the  names  and  purposes  of  the 
several  sinking  funds  which  the  respondent  is  required  to 
accumulate  through  charges  to  income,  and  the  respective 
amounts  charged  to  Income  by  the  respondent  during  the 
year  ended  June  30,  1908. 

OTHER   DEDUCTIONS    FROM    GROSS    CORPORATE    INCOME. 

76.  Show  hereunder  the  several  charges  against 
Gross  Corporate  Income  which  were  made  by  the  respond- 
ent during  or  in  respect  of  the  year  ended  June  30,  1908, 
and  which  are  not  classifiable  under  any  of  the  foregoing 
accounts.  This  account  Includes  only  matters  in  the  nature 
of  contractural  or  otherwise  compulsory  deductions,  and 
should  not  include  any  appropriations  or  dispositions  of 
net  income  that  rest  solely  in  the  discretion  of  the  re- 
spondent. Items  amounting  to  $100  or  more  should  be 
separately  shown.  Those  less  than  $100  each  may  be 
grouped  as  "Minor  Deductions." 

APPROPRIATIONS    TO    RESERVES. 

77.  Show  hereunder  the  various  appropriations  to  re- 
serves made  by  the  respondent  and  charged  to  its  cor- 
porate income  for  the  year  ended  June  30,  1908.  Give  in 
each  case  the  name  and  purpose  of  the  reserve  as  well  as 
the  amount  of  the  appropriation. 

IMPORTANT    CHANGES    DURING    THE    YEAR. 

78.  Hereunder  state  the  following  matters: 

a.  All  extensions  put  in  operation,  giving  complete 

data  and  dates  of  beginning  operation. 

b.  All  other  important  physical  changes. 

c.  All  leaseholds  acquired  or  surrendered,  giving 

dates  lengths  of  terms,  names  of  parties,  rent 
and  other  conditions. 

d.  All  consolidations  and  reorganizations  effected, 

giving  particulars. 

e.  All  stocks  Issued,  giving  names  of  stocks,  and 

amounts   Issued,    and    describing  the   consid- 
eration realized,  giving  amounts  and  values. 

f.  All  funded  debt  issued  giving  names  of  securl- 

.  ties,  and  amounts  issued,  and  describing  the 
consideration  realized,  giving  amounts  and 
values. 

g.  All  other  important  financial  changes. 


1128 


National  Association  of  Railway  CosniissiONERs 


Make  the  statements  explicit  and  precise,  and  letter 
them  in  accordance  with  the  inquiries. 

genebal  statement  of  business. 

79.  Show  hereunder  the  various  particulars  concern- 
ing the  business  of  the  respondent  for  the  year  ended 
June  30,  1908,  and  for  the  year  ended  June  30,  1907,  with 
Increases  and  decreases. 

a.  Miles  of  poles  within  the  State  of  Oklahoma. 

b.  Miles  of  wire   within   the   State   of  Oklahoma. 

c.  Number  of   offices   within   the   State   of   Okla- 

homa. 

d.  Number  of  messages  within  the  State  of  Okla- 

homa. 

e.  Receipts  within  the  State  of  Oklahoma. 

f.  Expenses  within  the   State  of  Oklahoma. 

g.  Net  revenue  within  the  State  of  Oklahoma. 

h.    Average  tolls  per  message  within  the  State  of 

Oklahoma, 
i.     Average   cost   to  Company   of  messages   within 

the  State  of  Oklahoma. 

CONTRACTS,   AGREEMENTS,   ETC. 

80.  Hereunder  give  a  concise  statement  of  all  con- 
tracts, agreements,  arrangements,  etc.,  with  other  com- 
panies or  persons,  which  were  In  force  at  any  time  during 
the  year  ended  June  30,  1908,  and  concerned  in  any  way 
the  transmission  of  messages. 

EXPENDITUBES    FOR   EXTENSIONS,    ADDITIONS    AND    BETTERMENTS. 

81.  Show  the  expenditures  during  the  year  ended  June 
30,  1908,  made  severally  upon  the  eight  largest  and  most 
important  projects  for  extensions,  additions,  and  better- 
ments to  the  property  of  the  respondent,  lying  wholly  or 
partly,  or  to  be  used  wholly  or  partly  within  the  State  of 
Oklahoma.  Give  also  for  each  project  a  brief  description 
thereof,  showing  the  location,  the  character,  the  date  of 
commencement,  the  date  of  completion,  and  the  total  cost 
(or  in  case  the  project  is  incomplete,  the  expected  date  of 
completion  and  the  estimated  cost  thereof)  of  the  project. 

FREE    OR    REDUCED    BATES. 

82.  state  whether  or  not  any  public  service  was  per- 
formed by  the  respondent  free  of  charge  or  at  reduced 
rates  not  covered  by  tariffs  during  the  year  ended  June 
30,  1908. 

83.  If,  during  the  year  ended  June  30,  1908,  any  pub- 
lic service  was  thus  performed  by  the  respondent,  name 
each  class  of  persons  thus  served. 

84.  state  the  approximate  total  number  of  messages 
carried  by  the  respondent  free  of  charge  or  at  reduced 
rates  during  the  said  year. 

EMPLOYES  AND  WAGES  AND  SALARIES. 

85.  Show  the  particulars  concerning  the  employes  en- 
gaged in  the  operations  of  the  respondent  at  any  time 
during  the  year  ended  June  30,  1908,  and  their  compensa- 
tion. This  statement  is  not  to  include  any  employe's  serv 
Ices  or  compensation  while  engaged  upon  the  construction 
of  new  line  or  of  new  equipment;  it  is  to  include  only 
those  the  compensation  for  whose  services  is  properly 
chargeable  to   operating  expenses  for   constant   operation. 

verification. 
(Oath  to  be  made  by  the  officer  in  charge  of  the  ac- 
counts,  records,  and   memoranda  of  the  respondent.) 

State  of  

SS. 

County  of  

t makes 

(Here  insert  name  of  affiant.) 

oath  and  says  that  he  is  the 

(Here  insert  the  exact  title  of 

Of    

affiant.)  (Here  insert  the  exact  name 

that 

of  respondent.) 
as   such  officer,   it  is  his  duty  to  have  charge  of  the  ac- 
counts, records,  and  memoranda  of  the  said 

(Here  insert  the  exact  name 

That  under  his  direction 

of  respondent.) 
the  foregoing  report  has  been  compiled  from  the  said  ac- 
counts, records  and  memoranda,  and  that  the  allegations 


of  fact  made  in  the  said  report  are  true  as  he  verily  be- 
lieves. 


vebification. 
(Oath  to  be  made  by  the  President  of  the  respondent!' 


(Signature) 

Subscribed  and  sworn  to  before  me,  a 

in   and   for   the   state   and   county   above  named,   this   the 

day   of 19 

(Use  an  impression) 

»  ) 

(        L.  S.  Seal.        )  (Signature  of  officer  authorized: 

to  administer  oaths) 
My   Commission    expires ^i 

State    of 

SS. 
County  of   

makes  oat 

(Here  Insert  name  of  affiant.)  . 

and  says  that  he  is  President  of 'i^M 

(Here  insert  the  exacti^| 

,  that  he  has  carefif li^ 

name  of  respondent.) 
examined  the  foregoing  report  of  the  operations,  aflta  rs- 

and  conditions  of  the  said 

(Here  insert  the  exact  name  of 

,  and  that  the  allegations  of  facta- 

respondent.) 
made  in  the  said  report  are  true  as  he  verily  believes. 


m 

oattti 


I 


(Signature.) 

Subscribed  and  sworn  to  before  me,  a 

in  and   for  the   State  and   County  above  named,  this  the-' 
day  of 19 


(Signature  of  officer  author!:* 
to  administer  oaths.) 


'I 


(Use  an  impression) 

(  ) 

(         I..  S.  Seal.         )  , 

My  Commission  expires ,  19 Ij 

It  Is  further  ordered  by  this  Commission  that  you  cti 
ply  with  the  following  directions: 

You  will  be  required  to  make  this  report  typewrit)  en 
In  triplicate;  retain  one  copy  for  your  files  for  referei  ce 
in  case  correspondence  with  regard  to  this  report  becon  e* 
necessary,  the  remaining  two  copies  you  will  file  in  he- 
office  of  this  Commission  at  Guthrie,  Oklahoma. 

Each  and  every  inquiry  from  1  to  85,  inclusive,  m  ist 
be   transcribed   or   written   in   the  above   mentioned   ty,^ 
written  report,  and  your  answers  must  immediately  foil  J 
each  question.  ' 

Every  inquiry  must  be  definitely  answered,  where  h6^ 
word  "none"  truly  and  completely  states  the  fact,  it  n  ay 
be  given  as  the  answer  to  any  inquiry,  or  to  any  particu  iar 
portion  of  any  Inquiry. 

No  answer  will  be  considered  and  accepted  as  sals- 
factory  which  attempts,  by  reference  to  any  paper  or  dc  cu- 
ment,  other  than  the  present  report,  to  make  the  papei  or 
document,  or  portion  thereof,  thus  referred  to,  a  part  of 
the  answer,,  without  setting  it  out. 

This  report,  complete,  with  verification,  under  oath,  a» 
outlined   on   foregoing   sheets,   with   ribbon   under  seal   to 
lock   and   keep   your  report   intact,   must  be   filed   in   ihls  . 
office  on  or  before  the  30th  day  of  September,  1909. 

The  title  page  of  your  report  shall  read  as  folio  vsr 
"Annual  report  of  the  Western  Union  Telegraph  Compinj 
to  the  Corporation  Commission  of  the  State  of  Oklahoma, 
for  the  year  ending  June  30,  1908." 

The  word  "Respondent"  as  used  in  the  foregoing  in- 
quiries means  your  company,  in  whose  behalf  this  rej)ort 
is  made. 

Guthrie,  Oklahoma,  September  3rd,  1909. 

ORDER  No.  201. 
On  June  4,  1909,  the  corporation  commission,  having 
given  due  notice,  and  having  heard  evidence,  entered  its 
order  stating  the  rules,  regulations  and  requirements  which 
were  to  be  followed  by  corporations  in  making  their  reports 
to  the  commission.  The  order  covers  pages  649  to  707  of 
the  1910  Report  of  the  Commission,  and  is  as  follows: 


Public  Service  Laws 


1129 


lUT.ES    FOR    KEKPIKO    ACCOUNTS. 

"To  all  steam  railroad  or  railroad  companies,  street  or  elec- 
tric railway  companies,  express  companies,  sleeping 
car  companies,  pipe  line  companies,  or  persons,  operat- 
ing or  doing  business  as  common  carriers  within  the 
State  of  Oklahoma,  to  all  telephone,  gas,  electric  and 
telegraph  companies,  and  any  other  companies  which 
are  defined  as  "Transportation  Companies,"  "Trans- 
mission Companies,"  or  "Public  Service  Corporations" 
in  law,  operating  and  doing  business  within  the  State 
of  Olilahoma  and  to  all  persons  whom  it  may  con- 
cern: 

Pursuant  to  publication  of  Proposed  Order  Number  50, 
relating  to  Classification  of  Accounts,  Monthly  and  An- 
nual Reports,  Statistics,  etc.,  in  the  Guthrie  Daily  Leader, 
a  newspaper  of  general  circulation,  published  in  the  City 
of  Guthrie,  County  of  Logan,  State  of  Oltlahoma,  said  con- 
templated order  having  appeared  therein  once  a  week  for 
four  consecutive  weeks,  as  required  by  law,  and  pursuant 
to  a  hearing  held  in  the  City  of  Guthrie,  on  the  11th  day 
of  May,  1909,  and  subsequent  dates,  notice  is  hereby  given 
that  the  following  order  shall  be  in  full  force  and  effect: 
It  is  ordered,  that  the  following  rules  and  regulations 
be  and  are  hereby  prescribed,  promulgated,  and  adopted 
for  the  use  of  ail  "Transportation  Companies,"  "Trans- 
mission Companies,"  and  "Public  Service  Corporations," 
subject  to  the  jurisdiction  of  this  Commission,  in  the  keep- 
ing and  recording. of  the  accounts  and  the  compiling  of  the 
statistics  of  their  business;  that  each  and  every  such 
company  and  each  and  every  receiver,  or  operating  trustee 
of  any  such  company  be  required  to  keep  all  accounts  and 
compile  all  statistics  in  conformity  therewith,  in  so  far  as 
the  same  are  pertinent  and  related  to  the  facts  and  circum- 
stances of  any  sudh  company. 

It  is  further  ordered,  that  the  rules  and  regulations 
herein  contained  are,  and  by  virtue  of  this  order  do  be- 
come, the  lawful  rules  according  to  which  the  said  accounts 
and  statistics  are  defined;  and  that  each  and  every  person 
directly  in  charge  of  the  accounts  of  any  such  company 
■or  of  any  receiver,  or  operating  trustee  of  any  such  com- 
pany, is  hereby  required  to  see  to,  and  under  the  law  is 
responsible  for,  the  correct  application  of  the  said  rules 
in  keeping  and  recording  of  the  accounts  and  statistics 
of  any  such  company  concerning  its  business  in  Oklahoma, 
and  it  shall  be  unlawful  for  any  such  company,  or  for  any 
receiver  or  operating  trustee  of  any  such  company  or  for 
any  person  directly  in  charge  of  the  accounts  and  statis- 
tics of  any  such  company,  or  any  receiver  or  operating 
trustee  of  any  such  company  to  keep  any  account  or  record 
or  memorandum  of  any  accounting  of  statistical  item  ex- 
cept in  the  manner  and  form  set  forth  and  hereby  pre- 
scribed, and  except  as  hereinafter  authorized. 

It  is  further  ordered,  that  any  such  company,  or  any 
receiver  or  operating  trustee  of  any  such  company  may 
subdivide  any  primary  account  in  this  Order  established 
as  may  be  required  for  the  purpose  of  any  such  company 
or  of  any  receiver  or  operating  trustee  of  any  such  com- 
pany; or  may  make  assignment  of  the  amount  charged  or 
credited  to  any  such  primary  account  to  operating  divis- 
ions or  to  its  individual  lines;  Provided,  however,  That  a 
list  of  such  sub-primary  accounts  set  up  or  such  assign- 
ments made  by  any  such  company  or  by  any  receiver  or 
operating  trustee  of  any  such  company,  be  first  filed  In 
the  ofiice  of  this  Commission,  subject  to  disapproval  by 
the  Commission. 

It  is  further  ordered,  that  In  order  that  the  basis  of 
comparison  between  the  fiscal  years  ended  June  30,  1910, 
and  previous  years  be  not  destroyed,  any  such  company, 
or  any  receiver  or  operating  trustee  of  any  such  company 
may  during  the  12  months  ended  June  30,  1910,  keep  and 
maintain  in  addition  to  the  accounts  hereby  prescribed,  such 
portion  or  portions  of  its  present  accounts  wifc  respect  to 
operating  revenues,  expenses  and  other  items,  as  may  be 
deemed  desirable  by  any  such  company,  or  by  any  receiver 
or  operating  trustee  thereof,  for  the  purpose  of  such  com- 
parison; or,  during  the  same  period,  may  maintain  such 
groupings  of  the  primary  accounts  hereby  prescribed  as 
may  be  desired  for  that  purpose. 

It  is  further  ordered,  that  any  such  company,  or  any 
receiver  or  operating  trustee  of  any  such  company  may, — 
when  no  accounts  and  rules  pertinent  or  relevant  to  their 
business  are  prescribed  in  this  order,  and  In  cases  where 
It  Is  proposed  to  Improve  the  efficiency  of  administration 


and  operation,  unless,  or  until  otherwise  ordered, — keep 
upon  their  books  any  temporary  or  experimental  accounts. 
Provided,  that  in  respect  of  each  such  temporary  or  ex- 
perimental account,  such  company,  or  any  receiver  or  oper- 
ating trustee  of  such  company  shall  file  in  the  office  of 
this  Commission,  a  statement  showing  the  names  of  said 
account  or  accounts,  and  a  clear  and  accurate  definition 
of  the  classes  of  items  and  facts  to  be  contained  in  said 
account  or  accounts,  and  that  any  such  temporary  or  ex- 
perimental accounts  shall  be  open  to  the  inspection  of  the 
Commission. 

It  is  further  ordered,  that  in  any  case  of  doubt  con- 
cerning the  correct  application  of  any  rule  herein  named, 
the  rules,  text,  and  interpretations  prescribed  by  the  Inter- 
state Commerce  Commission  relating  thereto  shall  be 
taken. 

Rule  No.  1.  The  classification  of  expenditures  for  road 
and  equipment   (steam  roads)   shall  be  as  follows: 

QENEBAL  ACCOUNTS. 

Accounts.  I,  Road;  II,  Equipment;  III,  General  expen- 
ditures. 

PBIMAEY    ACCOUNTS. 

I.  Road:  1,  Engineering;  2,  Right  of  way  and  station 
grounds;  3,  Real  estate;  4,  Grading;  5,  Tunnels;  6,  Bridges, 
trestles  and  culverts;  7,  Ties;  8,  Rails;  9,  Frogs  and 
Switches;  10,  Track  fastenings  and  other  material;  11, 
Ballast;  12,  Track  laying  and  surfacing;  13,  Roadway  tools; 
14,  Fencing  right  of  way;  15,  Crossings  and  signs;  16,  In- 
terlocking and  other  signal  apparatus;  17,  Telephone  and 
telegraph  lines;  18,  Station  buildings  and  fixtures;  19,  Gen- 
eral office  buildings  and  fixtures;  20,  Shops,  engine-houses 
and  turntables;  21,  Shop  machinery  and  tools;  22,  Water 
stations;  23,  Fuel  stations;  24,  Grain  elevators;  25,  Storage 
warehouses;  26,  Dock  and  wharf  property;  27,  Electric 
light  plants;  28,  Electric  power  plants;  29,  Electric  power 
transmission;  30,  Gas  producing  plants;  31,  Miscellaneous 
structures;  32,  Transportation  of  Men  and  Material;  33, 
Rent  of  equipment;  34,  Repair  of  equipment;  35,  Earnings 
and  operating  expenses  during  construction;  36,  Cost  of 
road  purchased. 

II.  Equipment:  37,  Steam  locomatives;  38,  Electric 
locomotives;  39,  Passenger  train  cars;  40,  Freight  train 
cars;    41,  Work  equipment;   42,   Floating  equipment. 

III.  General  Expenditures:  43,  Law  expenses;  44, 
Stationery  and  printing;  45,  Insurance;  46,  Taxes;  47, 
Interest  and  commissions;  48,  Other  expenditures. 

The  text  and  interpretations  for  the  accounts  named  in 
this  rule  as  prescribed  by  the  Interstate  Commerce  Com- 
mission in  first  revised  issue  of  "Classification  of  Expendi- 
tures for  Road  and  Equipment"  and  supplements  thereto 
shall  be  adopted. 

Any  person,  firm,  company,  association  of  persons,  or 
corporation  who  shall  contract  to  build  or  equip  any  rail- 
road within  the  State  of  Oklahoma,  should  keep  a  record 
of  the  expenditures  for  the  construction  and  equipment 
thereof  in  the  manner  prescribed  in  this  rule  and  file  the 
same  with  the  railroad  campany  for  permanent  record  in 
its  office. 

It  shall  be  the  duty  of  any  railroad  company  so  con- 
structed and  equipped  to  secure  and  preserve  in  Its  office 
said  record  of  expenditures  properly  classified  and  file  a 
certified  copy  of  the  same  in  the  office  of  the  Corporation 
Commission. 

Expenditures  for  road  and  equipment  in  Oklahoma  shall 
be  separated  from  the  entire  line  expenditures  and  classi- 
fied in  accordance  with  the  accounts  named  in  this  rule. 
Any  expenditures  which  can  not  be  accurately  alloted  to 
Oklahoma,  shall  be  estimated,  and  the  basis  or  formula 
of  such  estimate  shall  be  shown  In  the  reports  to  the 
Commission. 

The  accounts  named  In  this  rule  shall  be  used  by  steam 
roads  only. 

Rule  No.  2.  The  classification  of  operating  revenues 
for  steam  roads  shall  be  as  follows: 

GENEBAL  ACCOUNTS. 

Account.  I,  Revenue  from  transportation;  II,  Revenue 
from  operations  other  than  transportation. 

PBIMABT  ACCOUNTS. 

I.  Revenue  from  Transportation:  1,  Freight  revenues; 
2,  Passenger  revenues;  3,  Excess  baggage  revenue;  4, 
Parlor  and  chair  car  revenue;  5,  Mail  revenue;  6,  Express 


1130 


National  Associatiok  of  Railway  Commissioners 


revenue;  7,  Milk  revenue  (on  passenger  trains);  8,  Other 
passenger  train  service;  9,  Switching  revenue;  10,  Special 
service  train  revenue;  11,  Miscellaneous  transportation 
revenue. 

II.  Revenue  from  Operations  other  than  Transporta- 
tion: 12,  Station  and  train  privileges;  13,  Parcel  room 
receipts;  14,  Storage— freight;  15,  Storage— baggage;  16. 
Car  service;  17,  Telegraph  and  telephone  service;  18,  Rents 
of  buildings  and  other  property;  19,  Miscellaneous;  20, 
Joint  facilities  revenue — dr;  21,  Joint  facilities  revenue — 
cr. 

The  text  and  interpretations  for  the  above  named  oper- 
ating revenue  accounts  as  prescribed  by  the  Interstate 
Commerce  Commission  in  the  first  issue  and  supplements 
of  its  classification  of  operating  revenues  for  steaim  roads, 
now  in  effect,  shall  be  adopted. 

Freight  and  passenger  revenues  derived  from  strictly 
intrastate  traffic  (between  points  in  Oklahoma)  shall  be 
kept  separate  from  entire  line  revenue,  and  classified  as 
follows: 

(a)  Local  State. 

(b)  Interline  State. 

All  other  operating  revenues  as  named  shall  be  kept 
separate  from  entire  line  operating  revenues  as  far  as  is 
possible  to  do  so. 

If  It  is  necessary  to  use  an  arbitrary  basis  to  apportion 
any  operating  revenues,  accruing  to  Oklahoma,  said  basis 
shall  be  prescribed,  or  elected  by  the  accounting  depart- 
ment of  each  railway  company,  provided,  the  formulae  or 
rules  applied  to  each  of  the  foregoing  operating  revenue  ac- 
counts, so  divided,  are  fully  explained  in  the  annual  reports 
filed  with  the  Corporation  Commission. 

Note: — The  Commission  would  suggest  for  the  consid- 
eration of  the  railway  companies  the  following  classifica- 
tion of  operating  revenues  accruing  to  Oklahoma,  in  addi- 
tion to  that  herein  prescribed: 

(a)  Local   Interstate. 

(b)  Interline  Interstate. 

Including  a  proportion  of  revenue  derived  from  traffic  hav- 
ing origin  and  destination  beyond  the  State  of  Oklahoma. 

The  accounts  named  in  this  rule  shall  be  used  by  steam 
roads  only. 

Rule  No.  3.  The  classification  of  operating  expenses 
for  steam  roads  operating  in  the  State  of  Oklahoma  shall 
be  as  follows: 

For  large  roads. 

GENERAL  ACCOTTNTS. 

Account.  I,  Maintenance  of  way  and  structures;  II, 
Maintenance  of  equipment;  III,  Traffic  expenses;  IV,  Trans- 
portation expenses;  V,  General  expenses. 

PRIMARY  ACCOUNTS. 

I.  Maintenance  of  Way  and  Structures:  1,  Superin- 
tendence; 2,  Ballast;  3,  Ties;  4,  Rails;  5,  Other  track  ma- 
terial; 6,  Roadway  and  track;  7,  Removal  of  snow,  sand 
and  ice;  8,  Tunnels;  9,  Bridges,  trestles  and  culverts;  10, 
Over  and  undergrade  crossings;  il,  Grade  crossings, 
fences,  cattle  guards,  and  Signs;  12,  Snow  and  sand  fences, 
and  snowsheds;  13,  Signal  and  interlocking  plants;  14, 
Telegraph  and  telephone  lines;  15,  ETlectric  power  trans- 
mission; 16,  Buildings,  fixtures,  and  grounds;  17,  Docks 
and  Wharves;  18,  Roadway  tools  and  Supplies;  19,  In- 
juries to  persons;  20,  Stationery  and  printing;  21,  Other 
expenses;  22,  Maintaining  joint  tracks,  yards,  and  other 
facilities— dr;  23,  Maintaining  joint  tracks,  yards,  and 
other  facilities — cr. 

II.  Maintenance  of  Equipment:  24,  Superintendence; 
26,  Steam  locomotives — renewals;  27,  Steam  locomotives 
— depreciation;  28,  Electric  locomotives — repairs;  29,  Elec- 
tric locomotives — renewals;  30,  Electric  locomotives — de- 
preciation; 31,  Passenger  train  cars — repairs;  32,  Passen- 
ger train  cars — renewals;  33,  Passenger  train  cars — depre- 
ciation; 34,  Freight  train  cars — repairs;  35,  Freight  train 
cars — renewals;  36,  Freight  train  cars — depreciation;  37, 
Electric  equipment  of  cars — repairs;  38,  Electric  equip- 
ment of  cars — renewals;  39,  Electric  equipment  of  cars — 
depreciation;  40,  Floating  equipment — repairs;  41,  Float- 
ing equipment — renewals;  42,  Floating  equipment — depre- 
ciation; 43,  Work  equipment — repairs;  44,  Work  equipment 
— renewals;  45,  Work  equipment — depreciation;  46,  Shop 
machinery  and  tools;  47,  Power  plant  equipment;  48,  In- 
juries to  persons;   49,  Stationery  and  printing;    50,   Other 


expenses;   51,  Maintaining  joint  equipment  at  terminals — 
dr;   52,  Maintaining  joint  equipment  at  terminals — cr. 

III.  Transportation  Expenses:  53,  Superintendence; 
54,  Outside  agencies;  55,  Advertising;  56,  Traffic  associa- 
tions; 57,  Fast  freight  lines;  58,  Industrial  and  Immigra- 
tion bureaus;  59,  Stationery  and  printing;  60,  Other  ex- 
penses. 

IV.  Transportation  Expenses:  61,  Superintendence; 
62,  Dispatching  trains;  63,  Station  employes;  64,  Weighing 
and  car  service  associations;  65,  Coal  and  ore  docks;  66, 
Station  supplies  and  expenses;  67,  Yardmasters  and  their 
clerks;  68,  Yard  conductors  and  brakemen;  69,  Yard  switch 
and  signal  tenders;  70,  Yard  supplies  and  expenses;  71, 
Yard  enginemen;  72,  Enginehouse  expenses — yard;  73, 
Fuel  for  yard  locomotives;  74,  Water  for  yard  locomotives; 
75,  Lubricants  for  yard  locomotives;  76,  Other  supplies  for 
yard  locomotives;  77,  Operating  joint  yards  and  terminals 
— dr;  73,  Operating  joint  yards  and  terminals— cr;  79, 
Motormen;  80,  Road  enginemen;  81,  Enginehouse  expenses 
—road;  82,  Fuel  for  road  locomotives;  83,  Water  for  road 
locomotives;  84,  Lubricants  for  road  locomotives;  85,  Other 
supplies  for  road  locomotives;  86,  Operating  power  plants; 
87,  Purchased  power;  88,  Road  trainmen;  89,  Train  supplies 
and  expenses;  90,  Interlockers  and  block  and  other  sig- 
nals—operation; 91,  Crossing  flagmen  and  gatemen;  9:!, 
Drawbridge  operation;  93,  Clearing  wrecks;  94,  Telegraph 
and  telephone — operation;  95,  Operating  floating  equip- 
ment; 96,  Express  service;  97,  Stationery. and  printing;  9!!, 
Other  expenses;  99,  Loss  and  damage — freight;  100,  Loss 
and  damage — baggage;  101,  Damage  to  property;  10:;. 
Damage  to  stock  on  right  of  way;  103,  Injuries  to  persons, 
104,  Operating  joint  tracks  and  facilities — dr;  105,  Ope  -_ 
ating  joint  tracks  facilities — cr. 

1 1 

V.  General  Expenses:     106,   Salaries  and  expenses  1 1 

general  officers;   107,  Salaries  and  expenses  of  clerks  aril 
attendants;  108,  General  office  supplies  and  expenses;  llli, 
Insurance;  111,  Relief  department  expenses;  112,  Pensions;  ' 
113,   Stationery   and   printing;    114,    Other    expenses;    11!, 
General  administration  joint  tracks,  yards  and  terminals-  -  : 
dr;    116,   General    administration   joint    tracks,   yards    an  Ij 
terminals — cr.  .  j 

For  small  roads: — That  is  to  say,  for  terminal  aq  I 
switching  companies  and  for  companies  operating  a  mijj 
age  of  250  miles  or  less,  and  having  annual  operating  rev»  j 
nues  not  in  excess  of  $1,000,000  (small  roads  which  are  nt^ 
Independent  of  the  control  of  any  operating  carrier  i|J 
eluded  in  the  class  of  large  carriers  are  required  to  keen 
their  accounts  and  records  of  operating  expenses  in  co|J 
formity  with  the  rules  and  requirements  prescribed  fti 
large  roads). 

The  following  classification  is  designed  for  small  anli 
Independently  operated  steam  roads: 

I.  Maintenance  of  Way  and  Structures:  1,  Superl)ij 
tendence;  2,  Maintenance  of  roadway  and  track;  3,  MaflJ 
tenance  of  track  structures;  4,  Maintenance  of  buildin» 
docks  and  wharves;  5,  Injuries  to  persons;  6,  Other  map  J 
tenance  of  way  and  structures  expenses;  7,  MaintainlS 
joint  tracks,  yards,  and  other  facilities — dr;  8,  maintainil 
joint  tracks,  yards,  and  other  facilities — cr.  7 

II.  Maintenance   of  Equipment:      9,   Superintendenci 
10,  Locomotives — repairs;    11,  Cars — repairs;    12,  Floatli 
equipment — repairs;     13,     Work    equipment — repairs;     |j 
Equipment — renewals;    15,    Equipment — depreciation;    i\ 
Injuries  to  persons;   17,  Other  maintenance  of  equipme 
expenses;   18,  Maintaining  joint  equipment  at  terminals 
dr;  19,  Maintaining  joint  equipment  at  terminals — cr. 

III.  Traffic  Expenses:     20,  Traffic  expenses. 

IV.  Transportation    Expenses:      21,    Superintenden 
and  dispatching  trains;    22,  Station  service;    23,  Yard 
ginemen;   24,  Other  yard  employes;  25,  Fuel  for  yard  lo 
motives;   26,  All  other  yard  expenses;   27,  Operating  jo^l 
yards   and   terminals — dr;    28,   Operating  joint   yards   ali^ 
terminals — cr;    29,   Road   Enginemen   and   motormen;    30.' 
Fuel  for  road  locomotives;  31,  Other  road  locomotive  sup- 
plies and  expenses;  32,  Road  trainmen;   33,  Train  supplios 
and  expenses;   34,  Injuries  to  persons;   35,  Loss  and  daw- 
ages;    36.   Other  causualties;    37,   All   other  transportation 
expenses;    38,    Operating   joint    tracks    and    facilities — dr; 
39,  Operating  joint  tracks  and  facilities — cr. 

V.  General  Expenses:  40,  Administration;  41,  Insurance; 
42,  Other  and  general  expenses;  43,  General  administration 


i 


Public  Service  Laws 


1131 


joint  tracks,  yards  and  terminals — dr;  44,  General  admini- 
stration joint  tracks,  yards  and  terminals — cr. 

Operating  expenses  chargeable  to  the  total  revenues 
credited  to  Oklahoma  shall  be  kept  separate  from  "Enter 
Line"  operating  expenses  as  far  as  it  is  possible  to  do  so. 

Expenses  which  cannot  be  accurately  allotted  to  Okla- 
homa shall  be  apportioned  on  an  arbitrary  basis  to  be 
prescribed  or  elected  by  the  auditing  department  of  each 
railway  company,  provided;  the  formulae  or  rules  applied 
to  each  of  the  foregoing  operating  expense  accounts,  so 
divided  are  fully  explained  in  the  annual  reports  filed  with 
the  Corporation  Commission. 

The  text  and  interpretations  for  the  above  named  oper- 
ating expense  accounts  as  prescribed  by  the  Interstate 
Commerce   Commission  shall  be  adopted. 

Rule  No.  4.  The  classification  for  locomotives — miles, 
cars — miles,  and  train — miles  for  steam  roads  shall  be  as 
follows: 

I.  Classification  of  Locomotive — Miles: 
Revenue  Service: 

Freight  locomotive — miles. 
Passenger  locomotive — miles. 
Mixed  locomotive — miles. 
Special  locomotive — miles. 
Switching  locomotive — miles. 
Non-revenue  service  locomotive — miles. 

II.  Classification  of  Car — Miles: 
Revenue  Service: 

'Freight  car — miles. 

Loaded. 

Empty. 

Caboose. 
Passenger  car — miles. 

Passenger. 

Sleeping,  parlor  and  observation. 

Other  passenger — train  cars. 
Special  cars — miles. 

Freight — loaded. 

Freight — empty. 

Caboose. 

Passenger. 

Sleeping,  parlor,  and  observation. 

Other  passenger — train  cars. 
Non-revenue  service  car — miles. 

III.  Classification  of  the  Train — Miles: 
Revenue  Service: 

Freight  train — miles. 

Passenger  train — miles. 

Mixed  train — miles. 

Special  train — miles. 
Non-revenue  service  train — miles. 

The  text  and  interpretations  as  prescribed  by  the  Inter- 
state Commerce  Commission  shall  be  adopted. 

Statistics  in  accordance  with  the  above  Classification 
shall  be  separated  from  "Entire  Line"  business  and  made 
to  cover  both  freight  and  passenger  traffic  moving  between 
points  in  the  State  of  Oklahoma.  The  miles  shall  be  ac- 
curately ascertained  insofar  as  it  is  possible.  If  it  is  nec- 
essary to  use  an  arbitrary  basis  in  the  segregation,  said 
basis  shall  be  prescribed  by  the  accounting  department  of 
each  railway  company  and  explained  in  the  reports  to  this 
Commission. 

Rule  No.  5.  The  classification  of  account  for  outside 
operations  for  steam  roads,  as  prescribed  by  the  Interstate 
Commerce  Commission,  shall  be  adopted. 

Rule  No.  5a.  Accounts  shall  be  kept  in  such  manner 
that  each  steam  road  may  be  able  to  render  monthly  or 
annually,  statements  showing  under  each — "Local  State" 
and  "Interline  State"  headings,  the  following  information: 

(a)  Total  number  of  tons  of  freight  carried. 

(b)  Total  number  of  tons  of  freight  carried  one  mile. 

(c)  Average  distance  haul  of  one  ton, — miles. 

(d)  Number  of  tons  of  freight  carried  earning  revenue. 

(e)  Number  of  tons  of  freight  earning  revenue  carried 

one  mile. 

(f)  Average  distance  haul  of  one  ton, — miles. 

(g)  Number  of  tons  carried   of  "Dead   Head"  freight, 
(h)     Number  of  tons  of  "Dead  Head"  freight  carried 

one  mile, 
(i)     Average  distance  haul  of  one  ton, — miles, 
(j)     Total  freight  revenue. 


(k)     Revenue  per  ton  per  mile  on  all  freight. 

(1)     Revenue    per   ton   per    mile    on    revenue    earning 
freight. 

(m)     Weight  of  each  class  and  commodity,  carloads. 

(n)     Number  of  tons  of  each  class  and  commodity,  car- 
loads, carried  one  mile. 

(o)     Revenue  per  ton  per  mile  on  each  class  and  com- 
modity, carload. 

(p)     Average   haul  of  each   class   and   commodity,  car- 
load. 

"Dead  Head"  defined, — company  freight  and  other 
freight  not  earning  revenue. 

"Local  State"  defined, — traffic  between  points  In  Okla- 
homa moving  over  the  line  of  one  carrier,  only. 

"Interline  State"  defined, — traffic  between  points  in 
Oklahoma  moving  over  the  lines  of  two  or  more  carriers. 

Rule  No.  6.     The  classification  of  revenue  and  expense 
accounts  for  electric  lighting  and  power  plant  companies 
shall  be  as  follows: 
I.     Revenue  and  Income  Accounts: 

1.     Municipal  lighting. 

Credit  this  account  with  the  amount  of  income  derived 
from  sale  of  current  to  city  for  lighting  public  buildings. 

■2.    Commercial  lighting— metered. 

Credit  this  account  with  income  derived  from  current 
sold  to  all  consumers  on  a  meter  basis,  except  to  munici- 
palities. 

3.  Commercial  lighting — not  metered. 

Credit  this  account  with  the  amount  of  revenue  derived 
from  consumers  using  light  on  fiat  rate  basis. 

4.  Power  service — metered. 

Credit  this  account  with  revenue  derived  from  power 
consumers  on  metered  basis. 

6.     Railway  service. 

Credit  this  account  with  revenue  derived  from  sale  of 
current  to  electric  railway  utilities. 

6.  Merchandise  sales  profits. 

Credit  this  account  with  receipts  derived  from  sale  of 
electric  merchandise,  appliances,  etc.,  used  In  connection 
with  electric  energy,  and  charge  this  account  with  cost  of 
same.  Including  handling,  freight,  etc.,  the  difference  show- 
ing either  profit  or  loss. 

7.  Interests  on  deposits. 

Credit  this  account  with  Interest  derived  from  deposits 
of  utility  funds  held  by  banks,  trust  companies,  etc. 

8.  Miscellaneous  receipts. 

Credit  this  account  with  income  derived  from  sale  of 
Junk,  scrap,  salvage,  and  other  small  receipts  not  directly 
connected  with  any  special  department. 

OPERATING  EXPENSE  ACCOUNTS. 

L     Switchboard   Expenses: 

1.  Power  plant  wages. 

Charge  this  account  with  wages  paid  to  employes  work- 
ing In  electric  plant  on  regular  aally  routine  such  as  oiling, 
wiping,  sweeping,  inspecting  plant,  washing  windows) 
cleaning  or  sprinkling  yard  or  cleaning  outhouses,  firing, 
wheeling  ashes,  whitewashing  inside,  etc. 

2.  Fuel  used. 

Charge  this  account  with   amount  of  fuel  used  under' 
boilers  at  electric  plant. 

3.  Water  used. 

Charge  this  account  with  amount  of  water  purchased 
for  generating  steam  at  plant. 

4.  Lubricants  and  waste  used. 

Charge  this  account  with  oil,  waste  and  packing  used  In 
operation  of  steam  and  electric  plant  equipment. 

5.  Miscellaneous  supplies  and  expenses. 

Charge  this  account  with  various  small  supplies  and 
expenses  incidental  to  operating  In  electric  plant  such  as 
brooms  for  sweeping,  hose  for  sprinkling,  soap  arid  towels 
for  toilets,  ice  for  drinking  water,  wheelbarrows,  etc. 

6.  Hired  power. 

Charge  this  account  with  cost  of  electric  energy  pur- 
chased from  other  companies. 
II.     Plant  Expenses: 

7.  Maintenance  steam   plant. 

Charge  this  account  with  repairs  both  usual  and  extra- 
ordinary, to  the  engines,  boilers,  and  all  apparatus,  used 
as  the  original  power  unit  or  means  of  producing  and 
supplying  the  original  power  with  which  to  operate  gen- 
erators. 

8.  Maintenance  electric  plant. 


1132 


National  Association  of  Kailway  Comsiissioxeks 


Charge  this  account  with  repairs  both  usual  and  extra- 
ordinary to  all  generating  apparatus,  etc.,  used  to  produce 
measure,  control,  regulate  and  convey  the  electric  output 

9.  Maintenance   buildings   and   fixtures. 

Charge  this  account  with  repairs  and  cost  of  maintain 
Ing  the  plant  buildings,  fences,  out-houses,  walks,  plat- 
forms, etc. 

10.  Maintenance  miscellaneous  equipment. 

Charge  this  account  with  repairs  and  cost  of  maintain- 
ing that  equipment  not  enumerated  under  any  of  the  pre- 
ceding or  succeeding  captions,  such  as  meter  testing  de- 
partments, blacksmith  and  repair  shop,  lighting  system 
for  plant  use,  fire  alarm  apparatus,  etc. 
III.     Distribution  and  Maintenance: 

11.  Labor  on  lines. 

This  is  a  labor  expense  only  and  this  account  should  be 
charged  with  items  such  as  labor  returning  services,  re- 
turning pole  lines  where  same  are  discontinued,  and  any 
labor  expense  incurred  by  employes  on  lines,  otherwise 
than  constructing  or  maintaining  same. 

12.  Street  lines  and  wires. 

Charge  this  account  with  repairs  and  maintaining  of 
street  lines,  such  as  setting  new  guys,  replacing  broken 
wires  or  uncovered  wires  where  Insulation  has  worn  off, 
replacing  broken  or  worn  out  poles,  replacing  decayed 
cross  arms,  pulling  up  slack  in  lines,  etc. 

13.  Transformers. 

Charge  this  account  with  repair  work  and  materials 
used  on  transformers  only,  and  restenciling  and  repainting 
same. 

14.  Meters. 

Charge  this  account  with  repair  work  and  materials  used 
on  meters  only  and  restenciling  and  repainting  same. 

15.  Arc  lamps. 

Charge  this  account  with  repairing  and  maintaining  arc 
lamps,  such  as  replacement  of  broken  or  worn  out  parts, 
painting,  cleaning,  and  general  overhauling  of  same. 

16.  Tools  and  instruments. 

Charge  this  account  with  incidental  charges  and  re- 
pairs to  all  tools  used  in  manufacture  and  distribution  of 
electric  current,  such  as  carpenter  tools,  line  construction 
tools,  wiring  tools,  portable  meters  and  testing  apparatus 
and  any  appliance  used  as  a  tool  for  constructing  or  testing 
anything  belonging  to  plant  or  line  construction. 

17.  Services. 

Charge  this  account  with  cost  of  labor  and  material 
maintaining  services,  such  as  replacing  rotten  service 
poles  and  cross  arms,  raising  wires  out  of  way  of  con- 
sumer, refastening  secondary  transformers  where  they 
have  become  loose  and  dangerous  to  those  beneath. 

18.  Reading  meters. 

Charge  this  account  with  cost  of  labor  reading  meters. 

19.  Incandescent  lamp  renewals. 

Where  free  renewals  are  made,  charge  this  account  with 
cost  of  lamps  renewed  to  consumers,  cost  of  relabeling, 
etc. 

20.  Customers  repairs. 

Charge  this  account  with  small  repairs  rendered  gratis 
~to  consumers  where  property  has  been  damaged  by  em- 
ployes, and  renewals  or  repairs  of  parts  which  have  be- 
come damaged  bj"  reason  of  carelessness  of  employes  in 
first  installation. 

21.  Arc  globe  renewals. 

Charge  this  account  with  cost  of  globes  renewed  to  city 
and  commercial  arc  lamps,  where  free  renewals  are  made. 

22.  Carbons  used. 

Charge  this  account  with  the  amount  of  carbon  used  In 
city  and  commercial  arc  lamps. 

23.  Cost  of  meter  changes. 

Charge  this  account  with  cost  of  returning  meters,  and 
setting  meters  on  old  services. 

24.  Trimmers'  wages. 

Charge  this  account  with  labor  expenses  In  trimming 
city  and  commercial  arc  lamps. 

25.  Troublemen. 

Charge  this  account  with  cost  of  labor  expended  in  an- 
swering trouble  calls,  such  as  fuses  blown,  "no  light"  calls, 
looking  after  wire  In  case  of  fire,  etc. 

26.  Fire  loss. 

Charge  this  account  with  meters,  transformers,  arc 
lamps,  and  other  apparatus  of  the  company  which  may  be 
consumed  by  fire,  and  not  covered  by  insurance. 


27.  Tornado  loss. 

Charge  this  account  with  cost  of  extraordinary  repairs 
caused  by  tornadoes  and  not  covered  by  insurance. 
IV.     General  Expenses: 

28.  Rebates. 

Charge  this  account  with  cost  of  extraordinary  repairs 
caused  correcting  errors  in  billing,  adjusting  accounts,  and 
wiping  off  absolutely  worthless  accounts.  Where  a  dis- 
count is  allowed  on  the  billing,  charge  the  same  to  this 
account. 

29.  Salaries  of  general  officers. 

Charge  this  account  with  salaries  of  general  ofBcera  of 
the  utility  company. 

30.  Salaries  of  clerks. 

Charge  this  account  with  salaries  paid  to  clerks  em- 
ployed in  genera]  office  of  the  company. 

31.  Printing  and  stationery. 

Charge  this  account  with  all  printing,  forms  and  paper 
supplies  used  by  the  company  In  any  department.  Also, 
such  Items  as  additional  type  for  addressographs,  rule.s, 
paper  fasteners,  ink,  paste,  blotters,  erasers,  pencUii, 
stamped  envelopes.  Ink  stands,  etc.  Also,  all  bound  books 
containing  company's   records. 

32.  Telephone  and  telegraph. 
Charge   this   account  with   cost  of  telephone   and   te^| 

graph  service. 

33.  Advertising,  canvassing  and  soliciting. 
Charge   this  account  with   cost  of  displaying  "ads" 

conspicuous    places,    signs,    ads    in    papers,    write    ups 
papers  and  magazines,  solicitors  time,  etc. 

34.  Miscellaneous  general  expense  and  office  sundries.*  I 
Charge  this  account  with   cost  of   miscellaneous   sma  r 

items  of  expense  occurring  mostly  in  office,  such  as  porter's 
hire,  cleaning  up  in  general,  painting  offices  where  same 
are  rented,  making  changes  in  location  of  department  wl:' 
ing  and  rewiring  for  lighting  systems,  etc. 

35.  Legal  expense.  j  I 
Charge  this  account  with  cost  of  retaining  attomej^J 

legal  opinions,  advice,  etc.  !  " 

36.  Office  rents. 
Charge  this  account  with  rents  paid  on  office  building  s 

not  owned  by  the  company. 

37.  Insurance. 
Charge  this  account  each  month  with  insurance  expiring 

during  that  period  and  credit  insurance  unexpired  wit  a 
a  like  amount.  This  obviates  charging  a  whole  year,  <l 
longer  period  insurance  Into  operating  expenses  whed 
same  should  rightfully  be  apportioned  evenly  over  tl^ 
months  in  which  it  belongs. 


38.     Taxes. 


1 


Charge  this  account  each  month  with  1-20  of  the  cslll 
mated  annual  taxes.  An  open  account  should  be  kept,  lc 
which  should  be  credited  from  month  to  month  the  chargl  | 
so  made,  and  to  which  should  be  charged  the  actual  ta*  j 
when  paid.  ^ 

39.  Horse  and  wagon  care  and  hire. 
Charge   this    account   with    cost  of  hiring   horses    ar( 

wagons  for  general  use,  caring  for  horses  owned,  repal  s  ' 
to  wagons,  harness,  and  autos,  also,  repairs  to  autos  ai  dj 
gasoline  for  same.  i  \ 

40.  Store  room  expenses.  11 
Charge  this  account  with  part  of  stock  keeper's  tltit 

towels,  soap,  heat,  brooms,  etc.,  used  in  this  departmei| 

41.  Injuries  and  damages. 
Charge  this  account  with  cost  of  civil  suits,  where  <i 

cided  against  the  company,  damages  paid  plaintiff.     Co»l 
of    injuries    done    outsiders    where    settled    without    sulj 
Damages  to  property  not  owned  by  the  company. 
V.     Undistributed  Accounts: 

42.  General  interest. 
Charge  this  account  with  interest  paid  on  notes  payat  le 

and  other  negotiable  paper  held  against  the  compaiy. 
Any  interest  collected  on  notes  receivable  should  be  cr<^d- 
ited  to  this  account. 

43.  Bond  interest. 

Charge  this  account  with  moneys  paid  out  as  interest , 
on  the  bonded  indebtedness  of  the  company  outstanding. 

Rule  No.  7.    The  classification  of  revenue  and  expenses 
accounts  for  gas  companies  shall  be  as  follows: 
1.     Revenue  and  Income  Accounts: 

1.    Domestic  gas. 


Public  Service  Laws 


1133 


Credit  this  account  witti  income  derived  from  sale  of 
:gas  to  consumers  using  gas  for  domestic  purposes,  only. 

2.  Special  gas. 

Credit  this  account  with  income  from  special  consum- 
ers who  by  reason  of  using  gas  for  heating  of  boarding 
houses,  schools,  churches,  etc.,  are  entitled  to  a  different 
rate. 

3.  Manufacturing  gas. 

Credit  this  account  with  income  derived  from  the  sale 
■of  gas  to  manufacturing  concerns  used  in  operating  their 
plants. 

4.  Merchandise  sales  profits. 

Credit  this  account  with  receipts  derived  from  the  sale 
•of  gas  appliances  and  charge  with  cost  of  same,  including 
all  incidentals  connected  thereto;  the  difference  showing 
the  loss  or  profit. 

5.  Miscellaneous  receipts. 

Credit  this  account  with  receipts  derived  from  the  sale 
of  old  scrap  iron,  junk,  or  any  receipts  not  derived  from 
any  special  department. 

OPERATING  EXPENSE  ASCOUNTS. 

I.  Pla,nt  Expenses: 

1.  Gas  plant  wages. 

Charge  this  account  with  labor  expenses,  such  as  firing 
retorts,  cleaning  up  around  plant  and  other  expenses  in- 
curred in  operating  the  plant. 

2.  Fuel  used. 

Charge  this  account  with  cost  of  fuel  used  In  the  manu- 
facturing of  gas,  such  as  coal,  fuel  oil,  or  coke.  etc. 

3.  Water  used. 

Charge  this  account  with  the  cost  of  water  used  in  the 
manufacture  of  gas. 

4.  Oil  and  waste  used. 

Charge  this  account  with  the  cost  of  oil,  waste  and 
packing  used  in  the  manufacturing  of  gas. 

5.  Purifying  material  used. 

Charge  this  account  with  the  cost  of  iron  oxide  used, 
and  any  other  purifying  materials  used  in  the  manufacture 
■of  gas. 

6.  Miscellaneous  manufacturing  expenses. 

Charge  this  account  with  small  miscellaneous  expenses 
not  Incurred  under  any  special  expense  accounts,  such  as 
brooms  for  sweeping  out,  soap  and  towel,  ice,  and  casks 
for  drinking  water,  hose  for  sprinkling,  wheelbarrows,  and 
Other  small  incidental  expenses. 

7.  Tar  and   coke  produced. 

Credit  this  account  with  tar  and  coke  produced  In  the 
manufacture  of  gas,  and  charge  the  supply  account  at  the 
same  time.  The  charge  to  this  account  Is  deducted  from 
the  operating  expenses  in  as  much  as  it  adds  to  the  value 
of  the  tangible  assets. 

8.  Maintenance,  land  and  buildings. 

Charge  this  account  with  repairs  and  cost  of  maintain- 
ing plant  buildings,  fences,  sheds,  out-buildings,  grading 
yard,  repairing  any  of  the  ab*ve,  etc. 

9.  Maintenance — gas   plant. 

Charge  this  account  with  maintenance  and  repairs  of 
any  machinery  and  apparatus  used  in  the  manufacture  of 
gas,  such  as  boilers,  retorts,  compressors,  holders,  smoke 
stacks,  pumps,  etc. 

10.  Cost  of  gas. 

This  account  is  to  be  used  only  where  the  local  or 
distributing  company  purchases  gas  from  pipe  line  or  other 
wholesale  agents,  as  is  common  in  natural  gas  districts. 
Charge  this  account  with  net  cost  of  gas. 

II.  Distribution  and  Maintenance. 

11.  Reading  meters. 

Charge  this  account  with  the  cost  of  labor  expended  in 
the  reading  of  meters. 

12.  Distribution,  supplies  and  expenses. 

Charge  this  account  with  small  expenses  incurred  on 
line  between  plant  and  consumer's  meter.  These  expenses 
may  arise  either  during  construction  or  maintenance,  and 
are  such  as  would  not  be  charged  direct  to  special  de- 
ipartments. 
I      13.     Mains. 

1  Charge  this  account  with  the  cost  of  all  materials  and 
■labor  required  In  properly  maintaining  the  mains  in  a  safe 
jand  suitable  state  of  distribution. 

14.     Services. 

Charge  this  account  with  the  cost  of  all  labor  and  ma- 
terials necessary  to  properly  maintain  companies'  services, 


such  as  replacing  broken  service  pipes,  tightening  loose 
connections,  replacing  bad  connections,  etc. 

15.  Meters. 

Charge  this  account  with  cost  of  labor  and  materials 
used  in  repairing,  repainting  and  renumbering  meters. 

16.  Tools  and  instruments. 

Charge  this  account  with  the  cost  of  labor  and  ma- 
terial used  in  repairing,  repainting,  or  replacing  broken 
parts  of  tools,  etc.,  such  as  new  hammers,  handles,  new 
dies  for  stocks,  new  parts  and  repairs  for  provers,  etc. 

17.  Gas  arc  lamps. 

Charge  this  account  with  labor  and  material  used  in 
repairing  gas  arcs,  and  general  maintenance  of  same,  not 
to  be  confused  with  mantle  or  globe  renewals. 

18.  Gas  regulators. 

Charge  this  account  with  all  cost  Incurred  In  repairing, 
repainting  and  maintaining  regulators,  such  as  new  parts 
where  broken,  where  regulators  are  housed  separately,  re- 
placing or  repairing  buildings,  repainting,  etc. 

19.  Superintending  lines. 

Charge  this  account  with  superintendent's  time  spent  on 
construction  of  new  extension  to  mains,  also  hire  of  horse 
and  buggy  while  engaged  in  same. 

20.  Cost  of  meter  changes. 

Charge  this  account  with  cost  of  labor  and  material 
used  in  returning  meters  from  consumer,  and  setting 
meters  on  old  services. 

21.  Watchmen. 

Charge  this  account  with  time  of  watchmen  employed 
in  watching  any  of  the  various  properties  of  the  utility 
company. 

22.  Fire  loss. 

Charge  this  account  with  cost  of  meters,  regulators,  or 
other  appjaratus  consumed  by  fire,  where  not  covered  by 
Insurance. 

23.  Tornado   loss. 

Charge  this  account  with  cost  of  meters,  regulators  and 
other  apparatus  destroyed  by  tornadoes,  where  not  covered 
by  insurance. 
III.     General  Expenses: 

24.  Rebates. 

Charge  this  account  with  direct  losses  against  income 
such  as  correcting  errors  in  billing,  adjusting  accounts, 
and  wiping  oK  old  absolutely  worthless  accounts.  Where 
a  discount  is  allowed  on  the  billing,  charge  the  same  to 
this  account. 

25.  Salaries  of  general  oflicers. 

Charge  this  account  with  salaries  of  general  officers  of 
the  utility  company. 

26.  Salaries  of  clerks. 

Charge  this  account  with  the  salaries  paid  to  clerks 
employed  in  general  office  of  the  company. 

27.  Printing  and  stationery. 

Charge  this  account  with  all  printing,  formp,  and 
paper  supplies  used  by  the  company  in  any  department. 
Also  such  items  as  additional  type  for  addressographs, 
rulers,  paper  fasteners,  ink,  paste,  blotters,  erasers,  pen- 
cils, stamped  envelopes,  ink  stands,  etc.  Also  bound  books 
containing  company  records. 

28.  Telephone  and   telegraph. 

Charge  this  account  with  cost  of  telephone  and  tele- 
graph service. 

29.  Advertising,   canvassing  and  soliciting. 

Charge  this  account  with  cost  of  displaying  advertise- 
ments in  conspicuous  places,  ads  in  papers,  write  ups  in 
papers  and  magazines,  and  solicitor's  time,  etc. 

30.  Miscellaneous  general  expense  and  office  sundries. 
Charge  this  account  with  miscellaneous  items  of  small 

expense  occurring  mostly  in  office,  such  as  porter's  hire, 
cleaning  up  in  general,  painting  offices  where  same  are 
rented,  making  changes  in  location  of  department  wiring 
and  rewiring  for  lighting  systems,  etc. 

31.  Legal  expenses. 

Charge  this  account  with  cost  of  retaining  attorneys, 
legal  opinions,  advice,  etc. 

32.  Office  rents. 

Charge  this  account  with  rents  paid  on  office  buildings 
not  owned  by  company. 

33.  Insurance. 

Charge  this  account  each  month  with  Insurance  ex- 
piring during  that  period  and  credit  Insurance  unexpired 
with  like  amount.    This  obviates  charging  a  whole  year. 


1134 


Nationai,  Association  of  Railway  Commissioners 


or  longer  period  of  insurance  Into  operating  expenses, 
when  same  should  rightfully  be  apportioned  evenly  over 
the  months  in  which  it  belongs. 

34.  Taxes. 

Charge  this  account  each  month  with  1-12  of  the  esti- 
mated annual  taxes.  An  open  account  should  be  kept,  to 
which  should  be  credited  from  month  to  month  the  charges 
so  made  and  to  which  should  be  charged  the  actual  taxes 
when  paid. 

35.  Horse  and  wagon  care  and  hire. 

Charge  this  account  with  the  cost  of  hiring  horses  and 
wagons  for  general  use,  caring  for  horses  owned,  repairs 
to  wagons,  harness,  and  autos,  also  repairs  to  autos,  and 
gasoline  for  same. 

36.  Store  room  expenses. 

Charge  this  account  with  the  part  of  stock  keeper's 
time,  towels,  soap,  heat,  brooms,  etc.,  used  in  this  depart- 
ment. 

37.  Injuries  and  damages. 

Charge  this  account  with  the  cost  of  civil  suits,  where 
decided  against  company,  damages  paid  plaintiff.     Costs 
of    injuries    done    outsiders    where    settled    without    suit. 
Damages  to  property  not  owned  by  company. 
IV.     Undistributed  Accounts: 

38.  General  interest. 

Charge  this  account  with  Interest  paid  on  notes  payable 
and  other  negotiable  paper  held  against  the  company. 
Any  interest  collected  on  notes  receivable  should  be  cred- 
ited to  this  account. 

39.  Bond  interest. 

Charge  this  account  with  moneys  paid  out  as  interest 
on  the  outstanding  bonded  debt  of  the  company. 

Rule  No.  8.  The  classification  of  operating  revenues  of 
express  companies  shall  be  as  follows: 

GENERAL  ACCOUNTS.  ' 

Account. 

I.  Revenue  from  Transportation. 

II.  Revenue  from  Operations  other  than  Transportation, 

PBIMABY   ACCOUNTS. 

I.     Revenue  from  Transportation. 
1'     Express  revenue. 

2.  Miscellaneous  transportation  revenue. 

n.     Revenue  from  Operations  other  than  Transportation: 

3.  Custom  houses  brokerage  fees. 

4.  Order  and  commission  department. 

5.  Rents  of  buildings  and  other  property. 

6.  Money  orders — domestic. 

7.  Money  orders — foreign. 

8.  Traveler's  cheques — domestic. 

9.  Traveler's  cheques — foreign. 

10.  "C.  O.  D."  checks. 

11.  Telegraphic  transfers. 

12.  Letters  of  credit. 

13.  Other  revenue — financial  department. 

14.  Miscellaneous  revenue. 
Express  privileges — dr. 

The  text  and  interpretations  for  the  above  named  reve- 
nue accounts,  as  prescribed  by  the  Interstate  Commerce 
Commission  shall  be  adopted. 

The  revenues  derived  from  traffic  moving  between 
points  in  the  State  of  Oklahoma  shall  be  kept  separate 
from  entire  lines  revenues  and  shall  be  classified  as — 

Local  State  and 

Interline  State. 
Other  revenues  accruing  to  Oklahoma  from  operations 
other  than  transportation  and  from  interstate  traffic  to 
and  from  points  in  Oklahoma  shall  be  apportioned  and 
credited  to  Oklahoma  under  rules  selected  by  the  account- 
ing department  of  each  express  company,  provided  that 
the  rule  or  formulae  used  for  each  of  the  above  named 
revenue  accounts  is  fully  explained  in  the  annual  reports 
to  the  Commission. 

Rule  No.  9.  The  classification  of  operating'  expenses  of 
express  companies  shall  be  as  follows: 

GENERAL  ACCOUNTS. 

Account.  I,  Maintenance;  II,  Traffic  expenses;  III, 
Transportation  expenses;  IV,  General  expenses. 

PRIMARY   ACCOUNTS. 

I.  Maintenance:  1,  Superintendence;  2,  Buildings,  fix- 
tures, and  grounds;  3,  Office  equipment;  4,  Cars — repairs; 
5,  Cars— renewals;    6,    Cars— depreciation;    7,   Horses;    8, 


Vehicles — repairs;  9,  Vehicles — renewals;  10,  Stable  equip- 
ment; 11,  Transportation  equipment;  12,  Other  expenses; 
13,  Maintaining  joint  facilities — dr;  14,  Maintaining  joint 
facilities — cr. 

II.  Traffic  Expenses:  15,  Superintendence;  16,  Outside 
agencies;  17,  Advertising;  18,  Traffic  associations;  19, 
Stationery  and  printing;   20,  Other  expenses. 

III.  Transportation  Expenses:  21,  Superintendence; 
22,  Office  employes;  23,  Commissions;  24,  Wagon  em- 
ployes; 25,  Office  supplies  and  expenses;  26,  Rent  of  local 
offices;  27,  Stable  employes;  28,  Stable  supplies  and  ex- 
penses; 29,  Train  employes;  30,  Train  supplies  and  ex- 
penses; 31,  Transfer  employes;  32,  Transfer  expenses;  33, 
Stationery  and  printing;  34,  Loss  and  damage — freight;  35, 
Loss  and  damage — money;  36,  Damage  to  property;  37, 
Injuries  to  persons;  38,  Other  expenses;  39,  Operating  joint 
facilities — dr;    40,  Operating  joint  facilities — cr. 

IV.  General  Expenses:  41,  Salaries  and  expenses  of 
general  ofticers;  42,  Salaries  and  expenses  of  clerks  and 
attendants;  43,  General  office  supplies  and  expenses;  14, 
Law  expenses;  45,  Insurance;  46,  Pensions;  47,  Stationery 
and  Printing:  48,  Other  expenses;  49,  General  administra- 
tion joint  facilities — dr;  50,  General  administration  joint 
facilities — cr. 

The  text  and  interpretations  for  the  above  named  oper- 
ating expense  accounts,  as  prescribed  by  the  Interstate 
Commerce  Commission,  shall  be  adopted. 

Operating  expenses  chargeable  to  each  class  of  re"€- 
nues  credited  to  Oklahoma  shall  be  kept  separate  frcim 
"Entire  Line"  operating  expenses  as  far  as  it  is  possible  to 
do  so. 

Expenses  which  cannot  be  accurately  allocated  to  Okla- 
homa shall  be  apportioned  on  an  arbitrary  basis  to  be  p  e- 
pcrlbed  or  elected  by  the  accounting  department  of  each 
express  company,  provided,  the  formulae  or  rules  applied 
to  each  of  the  foregoing  operating  expense  accounts,  so 
divided,  are  fully  explained  in  the  annual  reports  filed  w:  th 
the  Corporation  Commission. 

Rule  No.  10.  The  classification  of  expenditures  for  ri  al 
property  and  equipment  of  express  companies  shall  be  as 
follows: 

Account.  I,  Real  estate  used  in  operation;  II.  Buildir?s 
and  fixtures  used  in  operation;   III,  Equipment. 

1.  Cars.  ' 

2.  Horses.  ' 

3.  Vehicles.  \ 

4.  Other  equipment.  ' 
The  text  and  interpretations  for  the  above  named 

penditure  accounts,  as  prescribed  by  the  Interstate  Cct 
merce  Commission,  shall  be  adopted. 

Expenditures  made  within  the  State  of  Oklahoma  slj^ 
be  separated  from   "Entire  Line"  expenditures. 

Rule  No.  11.   The  classification  of  expenditures  for  n 
and  equipment  of  electric  railways  shall  be  as  follows: 

GENERAL  ACCOUNTS. 

Account.    I,  Road;  II,  Equipment;  III,  General  expetd 
tures. 

PRIMARY  ACCOUNTS. 

I.  Road:  1,  Engineering  and  superintendence;  2,  Rij  ht 
of  way;  3,  Other  land  used  in  electric  railway  operations; 
4,  Grading;  5,  Ballast;  6,  Ties;  7,  Rails,  rail  fasten- 
ings, and  joints.  8,  Special  work;  9,  Undergroi  nd 
construction;  10,  Paving;  11,' Track  laying  and  surfacii  g; 
12,  Roadway  tools;  13,  Tunnels;  14,  Elevated  structu  es 
and  Foundations;  15,  Bridges,  trestles,  and  culverts;  16, 
Crossings,  fences,  cattle  guards,  and  signs;  17,  Interlock  ug 
and  other  signal  apparatus;  18,  Telegraph  and  telephone 
lines;  19,  Poles  and  fixtures;  20,  Underground  conduits; 
21,  Transmission  system;  22.  Distribution  system;  23, 
Dams,  canals,  and  pipe  lines;  24,  Power  plant  buildings; 
25,  Sub-station  buildings;  26,  General  office  buildings;  27, 
Shops  and  carhouses;  28,  Stations,  waiting  rooms,  iind 
miscellaneous  buildings;  29,  Docks  and  wharves;  30.  Po'ver 
plant  equipment;  31,  Sub-station  equipment;  32,  Sliop 
equipment;  33,  Park  and  resort  property;  34,  Cost  of  road 
purchased. 

II.  Equipment:  35,  Cars;  36,  Locomotives;  37.  Electric 
equipment  of  cars;  38,  Other  rail  equipment;  39,  Miscel- 
laneous equipment. 

III.  General  Expenditures:  40.  Law  expenses:  41.  In- 
terest; 42,  Injuries  and  damages;  43,  Taxes;  44,  Miscellan- 
eous. 


PuLLic  Service  Laws 


1135 


The  text  and  interpretations  prescribed  by  the  Inter- 
state  Commerce  Commission  shall  be  adopted. 

Rule  No.  12.  The  classiiication  of  operating  revenues 
of  electric  railways  shall  be  as  follows: 

GENERAI,  ACCOUNTS. 

Account.  I,  Revenue  from  Transportation;  II,  Revenue 
from  operations  other  than  transportation. 

PRIMARY  ACCOUNTS. 

I.  Revenue  from  Transportation:  1,  Passenger  reve- 
nue; 2,  Baggage  revenue;  3,  Parlor,  chair,  and  special  car 
revenue;  4,  Mail  revenue;  5,  Express  revenue;  6,  Milk  reve- 
nue; 7,  Freight  revenue;  8,  Switching  revenue;  9,  Miscel- 
laneous transportation  revenue. 

II.  Revenue  from  Operations  other  than  Transporta- 
tion: 10,  Station  and  car  privileges;  11,  Parcel-room  re- 
ceipts; 12,  Storage;  13,  Car  service;  14,  Telegraph  and 
telephone  service;  15,  Rents  of  traclfs  and  terminals;  16, 
Rents  of  equipment;  17,  Rents  of  buildings  and  other  prop- 
erty;  18,  Power;  19,  Miscellaneous. 

The  text  and  interpretations  as  prescribed  by  the  Inter 
state  Commerce  Commission  shall  be  adopted. 

Rule  No.  13.  The  classification  of  operating  expenses 
of  electric  railways  shall  be  as  follows: 

GENERAL   ACCOUNTS. 

Account:  I,  Way  and  structures;  II,  Equipment;  III, 
Traffic;  IV*,  Conducting  transportation;  V,  General  and 
miscellaneous. 

PRIMARY   ACCOUNTS. 

I.  Way  and  Structures:  1.  Superintendence  of  way  and 
structures;  2,  ^laintenance  of  way;  3,  Maintenance  of 
electric  lines;  4,  Buildings  and  structures;  5,  Depreciation 
of  way  and  structures;  G,  Other  operations — dr.;  7,  Other 
operations — cr. 

II.  Equipment:  8,  Superintendence  of  equipment;  9, 
Maintenance  of  power  equipment;  10,  Maintenance  of  cars 
and  locomotives;  11,  Maintenance  of  electric  equipment  of 
cars  and  locomotives;  12,  Miscellaneous  equipment  ex- 
penses; 13,  Depreciation  of  equipment;  14,  Other  opera- 
tions— dr.;  15,  Other  operations — cr. 

III.  Traffic:     16,  Traffic  expenses. 

IV.  Conducting  Transportation:  17,  Superintendence 
of  Transportation. 

Group  I. — Power:  18,  Power-plant  employes;  19,  Sub- 
station employes;  20,  Fuel  for  power;  21,  Other  power 
Eupplies  and  expenses;  22,  Power  purchased;  23,  Power 
exchanged— balance;  24,  Other  operations — dr.;  25,  Other 
operations — cr. 

Group  II. — Operation  of  Cars:  26,  Conductors,  motor- 
men,  and  Trainmen;  27,  Miscellaneous  transportation  ex- 
penses. 

V.  General  and  Miscellaneous:  28,  General  expenses; 
29,  other  operations — dr.;  30,  Other  operations — cr. 

UNDISTRIBUTED  ACCOUNTS. 

31,  Injuries  and  damages;  32,  Insurance;  33,  Stationery 
and  printing;  34,  Store  and  stable  expenses;  35,  Rent  of 
tracks  and  terminals;  36,  Rent  of  equipment. 

The  text  and  interpretations  as  prescribed  for  the 
above  named  accounts  by  the  Interstate  Commerce  Com- 
mission shall  be  adopted. 

Any  electric  railway  company  may  use  either  of  the 
operating  expense  accounts,  designated.  Class  A,  or  Class 
13,  as  prescribed  by  the  Interstate  Commerce  Commission 
in  its  "Classification  of  Operating  Expenses  of  Electric 
Railways,  First  Issue"  provided,  this  Commission  is  noti- 
fied in  writing  of  such  purpose  by  said  company. 

Rule  No.  14.    Monthly  statements  of  operating  revenue, 
'  operating  expenses,  and  taxes  shall  be  made  to  this  com- 
■   mission.     The  form   for   said   statements   shall   be   known 
1  as  the  Form  for  Comparative  Monthly  Report  of  Revenues 
and  Expenses.     Blanks  embodying  said  form   will  be  fur- 
.  nished  to  each  and  every  company  subject  to  the  provis- 
ions of  this  order,  and   each  of  the  said  companies  shall 
r  iflle  with  this  Commission,  upon  the  said  blank,  a  statement 
I  of  the  facts  thereon   called  for,  concerning  the  operating 
revenues  operating  expenses,  and  taxes  of  the  said  com- 
!Pany  for  each  calender  month;  that  each  of  the  said  state- 
ments shall  be  duly  verified  and  sworn  to,  or  affirmed,  by 
the  president  or  other  chief  officer  of  the  said  company, 
"id  by   the  officer  of  the  said   company  in  charge  of  its 
ounts  at  the  time  of  verification;  and  that  on  or  before 


the  10th  day  of  the  third  month  immediately  following  the 
month  for  which  the  operating  revenues,  operating  ex- 
penses, and  taxes  of  the  company  are  shown  in  said  state- 
ment, it  shall  be  deposited  in  the  United  States  postofflce, 
postage  prepaid,  and  plainly  addressed  to  the  Corporation 
Commission,   Guthrie,  Oklahoma. 

Rule  No.  15.  Annual  reports  for  the  period  of  12 
months  ending  on  the  30th  day  of  June  in  each  year,  shall 
be  made  to  the  commission.  Said  reports  shall  be  made 
on  blank  forms  to  be  furnished  by  the  commission.  Each 
and  every  company  subject  to  the  provisions  of  this 
order,  shall  file  with  this  commission  upon  the  said 
blanks,  a  statement  of  the  facts  thereon  called  for — in  so 
far  as  the  inquiries  contained  in  said  annual  report  form 
are  pertinent  and  related  to  the  properties,  business  and 
operations  of  said  companies — concerning  accounts,  sta- 
tistics and  actions  of  the  said  company  for  each  fiscal  year 
ending  the  13th  day  of  June.  Each  of  said  annual  re- 
ports shall  be  duly  signed  by,  and  verified  by  oath  or 
affirmation  of  the  president  or  other  chief  officer  of  said 
company,  and  by  the  officer  in  charge  of  its  accounts  at 
the  time  of  said  verification,  to  be  complete  and  correct; 
such  verification  shall  be  made  according  to  forms  pro- 
vided on  said  blanks  for  such  purpose,  and  that  on  or 
before  the  10th  day  of  October  immediately  following 
the  end  of  the  fiscal  year  for  which  the  statistics  and  ac- 
counts of  the  company  are  shown  in  said  annual  report, 
it  shall  be  deposited  in  the  United  States  postoffice,  post- 
age prepaid,  or  in  care  of  an  express  company,  express- 
age  prepaid,  and  plainly  addressed  to  the  Corporation 
Commission,  Guthrie,  Okla. 

The  following  inquiries  shall  be  contained  in  said  an- 
nual report  forms: 

SCHEDULE   OF    INQUIRIES    FOR   ANNUAL  REPORT   FORM. 

1.  Give  the  titles  of  all  officers  of  the  respondent,  the 
annual  salaries  attached  to  the  respective  offices  on  June 
30,  1910,  the  names  and  office  addresses  of  the  persons 
holdiiig  such  offices  on  that  date,  the  date  when  each  en- 
tered upon  the  discharge  of  the  duties  of  his  office.  It 
the  property  of  the  respondent  was  on  June  30,  1910,  in 
control  of  a  receiver,  trustee,  committee,  or  other  officer 
not  listed  hereunder,  the  titles  should  be  inserted  and 
the  particulars  given  as  herein  called  for  concerning 
general  officers.  If  any  person  entered  upon  the  discharge 
of  the  duties  of  any  general  office  of  the  respondent  after 
June  30,  1909,  or  abandoned  the  same,  or  was  ousted  there- 
from, prior  to  July  1,  1910,  state  such  fact  in  a  foot  note, 
showing  the  name  of  each  person,  the  office  held,  and  the 
date  of  abandonment  or  ouster.  (Classification  of  officers 
as  i)rescribed  by  the  Interstate  Commerce  Commission 
shall  be  adopted  in  so  far  as  officers,  whose  duties  are 
entirely  outside  of  the  State  of  Oklahoma  are  concerned.) 

2.  Give  the  name  and  office  address  of  all  directors  of 
the  respondent  on  June  30,  1910,  the  dates  of  expiration  of 
terms,  the  annual  salaries  attached  to  directorships  and 
the  fees  and  perquisites  thereto  attached  on  that  date. 

3.  Give  the  names  (and  titles)  of  all  officers  of  the 
board  of  directors,  managers,  or  trustees  of  the  respondent 
on  June  30,  1910. 

Chairman  of  the  Board 

Secretary   (or  clerk)  of  Board 

4.  Give  the  names  of  all  standing  committees  of  the 
board  of  directors,  managers,  or  trustees  of  the  respondent 
on  June  30,  1910.  The  names  of  the  chairman  of  the 
several  committees,  and  a  brief  designation  of  the  duties 
of  the  several  committees. 

Give  the  names  of  the  members  of  the  respondent  who 
on  June  30,  1910,  had  the  20  highest  voting  powers  therein, 
showing  for  each  his  address,  the  number  of  votes  he 
would  have  had  a  right  to  cast  on  that  date  had  a  meet- 
ing then  been  in  order  (such  right  being  determined 
according  to  the  records  of  the  respondent  as  of  that  date) 
and  the  par  value  of  the  securities  (if  any)  held  by  him 
in  respect  of  which  holding  he  had  such  voting  power, 
such  securities  being  classified  as  common  stock,  first 
preferred   stock,  and  other  securities. 

State  the  total  voting  power  of  all  members  of  the 
respondent  on  June  30,  1910 votes. 

State  the  par  value  of  the  amount  of  common  stock 
the  holder  of  which   is  thereby  entitled   to  cast  one  vote 


1136 


National  Association  of  RAiLTfAY  CoMiiissiovfERs 


m 


state  whether  or  not  all  classes  of  stock  have  equal 
voting  rights  in  respect  of  equal  par  values;  if  they  do 
not  have  equal  voting  rights,  state  the  par  values  of 
amounts  of  various  classes  or  stock  entitling  to  one  vote. 

Are  voting  rights  proportional  to  holdings?  If  not, 
state  in  detail  the  relation  between  holding  and  correspond- 
ing voting  rights. 

Are  any  voting  rights  attached  to  any  other  securi- 
ties than  stock?  If  so,  name  each  security  other  than 
stock  to  which  voting  rights  are  attached  (as  of  June  39, 
1910)  and  state  in  detail  the  relation  between  holdings 
and  corresponding  voting  rights,  stating  whether  voting 
rights  are  actual  or  contingent,  and  if  contingent,  show- 
ing the  contingency. 

Has  any  class  or  issue  of  securities  any  special  privi- 
leges In  the  election  of  directors,  trustees,  or  managers,  or 
In  the  determination  of  corporate  action  by  any  method? 

If  so,  describe  fully  each  class  or  issue  and  give  a 
concise,  brief,  succient  statement  showing  clearly  the  char- 
acter and  extent  of  such  privileges. 

5.  State  the  total  number  of  votes  cast  at  the  last 
general  meeting  of  the  respondent votes  cast. 

6.  Give  the  date  and  place  of  such  meeting 


7.  Give  the  names  of  the  persons  who,  at  such  meet- 
ing, cast  the  10  highest  number  of  votes,  showing  for 
each  the  total  number  of  votes  cast  by  him,  the  num- 
ber of  votes  cast  by  him  in  his  own  behalf,  and  the 
number  of  votes  cast  by  him  as  proxy  for  others. 

8.  If  the  respondent  was  on  June  30,  1910,  a  firm  or 
partnership,  give  the  names  and  addresses  of  the  various 
partners  and  the  extents  of  their  several  interests  on  that 
date.  State  also,  for  each,  whether  he  was  an  active  or 
eilent  partner  on  that  date. 

9.  State  whether  or  not  the  respondent  acquired  any 
powers  during  the  year  ending  June  30,  1910. 

10.     State  fully  all  powers  which  were  acquired  by  the 
respondent  during  the  year  ending  June  30,  1910. 

11.  State  fully  all  powers  which  were  acquired  by  the 
respondent  during  the  year  ended  June  30,  1910,  setting 
out  in  full  all  portions  of  articles  of  incorporation  and  of 
amendments  thereof  filed  during  such  year  in  any  public 
ofSce  which  portions  define,  describe  or  designate  such 
powers,  and  citing  in  connection  therewith  all  statutes, 
resolutions  and  other  acts  authorizing  the  same.  Cita- 
tions of  statutes  must  show  the  chapter,  the  section  and 
the  sub-section,  if  any;  thosfc  of  resolutions  and  other  acts 
must  show  the  body  by  whom  made,  the  date  thereof,  and 
the  exact  language  of  that  portion  thereof  containing  the 
authority  or  alleged  authority. 

12.  State  whether  or  not  the  respondent  acquired  any 
franchises  of  any  character  whatever  during  the  year  ended 
June  30,  1910. 

13.  State  fully  all  the  franchises  which  were  acquired 
by  the  respondent  during  the  year  ended  June  30,  1910, 
giving  detailed  reference  to  all  statutes,  ordinances,  and 
other  acts  and  facts  whereupon  the  claim  to  such  franchise 
is  based.  For  each  such  franchise,  show  in  detail,  how, 
when,  by  whom,  or  what  and  for  what  valuable  considera- 
tion, if  any,  such  franchise  was  originally  granted,  the 
chain  of  title  connecting  the  respondent  with  the  original 
grantee,  and  how,  when  and  from  whom,  or  what  and 
for  what  valuable  consideration,  if  any,  it  was  acquired 
by  the  respondent.  The  actual  consideration  must  be 
etated  and  not  merely  the  nominal  or  estimated  values 
thereof. 

14.  State  whether  there  was  made  during  the  year 
ended  June  30,  1910,  any  change  in  the  powers  or  In  the 
duties  of  any  principal  officer  or  agent  of  the  respondent. 
For  the  purpose  of  this  inquiry,  by  a  principal  officer  or 
agent  is  meant  one  who  is  responsible  directly  to  the  mem- 
bers of  the  respondent  or  to  the  board  of  directors,  man- 
agers, or  trustees  thereof. 

15.  State  whether  or  not  there  was  made  during  the 
year  ended  June  30,  1910,  any  change  in  the  powers  or 
duties  of  any  subordinate  officers  or  agent  of  the  respond- 
ent, the  jurisdiction  of  which  officer  or  agent  extends  to 
or  comprises  any  matter  arising  or  to  arise  within  the 
State  of  Oklahoma.  For  the  purpose  of  this  inquiry,  by 
a  subordinate  officer  or  agent  Is  Intended  one  who  is 
responsible  directly  to  a  principal  officer  or  agent  as  above 
defined.     Mere  servants,   clerks  and  the  like  not   vested 


a  nia- 
;rolled, 

4 


with  authority  to  represent  the  respondent  in  any  way  are 
not  to  be  considered  officers  or  agents. 

16.  Define  each  of  the  changes  made  during  the  year 
ended  June  30,  1910,  in  any  of  the  powers  and  duties  of 
any  principal  officer  of  the  respondent,  or  in  those  of  any 
subordinate  officer  or  agent  or  class  of  subordinate  officers 
or  agents  whose  jurisdiction  extends  to  or  comprises  any 
matter  arising  or  to  arise  within  the  State  of  Oklahoma. 
In  connection  herewith,  show  the  departments  or  division 
with  which  each  officer  or  agent  or  class  of  officers  or 
agents  is  connected  in  whose  powers  or  duties  any  such 
change  was  made. 

INTEBCOBPOBATE  BELATIONSHIPS. 

The  terms  below  defined  are  used  throughout  the  in- 
quiries in  this  report  in  the  senses  stated  and  must  be 
used  in  the  same  senses  by  the  respondent  in  its  answers. 

(1)  Control  over  a  corporation  means  ability  to  de- 
termine whether  directly  or  indirectly  the  action  of  that 
corporation.  For  the  purposes  of  this  report,  the  follow- 
ing are  to  be  considered  control: 

I.  Right,  through  titles  to  securities  issued  or  assumed 
by  the  controlled  corporation,  to  exercise  the  major  pert 
of  the  voting  power  in  such  corporation. 

II.  Right,  through  express  agreement  of  some  char- 
acter or  through  some  other  source  than  title  to  securities, 
to  name  the  major  part  of  the  board  of  directors,  managers, 
or  trustees,  of  the  controlled  corporation. 

III.  Right  to  foreclose  a  first  lien  upon  all  or  a  ma- 
jor part  in  value  of  the  tangible  property  of  the  controlled, 
corporation. 

IV.  Right .  to  control  only  in  a  specific  respect  or 
spects  the  action  of  the  controlled  corporation. 

(2)  Direct  Control  is  that  which  is  exercised  wl 
the  Interposition  of  an  intermediary. 

(3)  Indirect  Control,  is  that  which  is  exercised  through 
an  intermediarv.  Where  "A"  has  direct  control  over  "B" 
and  "B"  has  direct  control  over  "C"  it  will  (with  possl  )le 
exceptions  in  Cases  III  and  IV  above)  be  proper  to  cm- 
alder  "A"  as  having  indirect  control  over  "C."  Cases  to 
which  this  rule  is  applicable  should  be  set  out  with  specta, 
fullness  in  the  answers  of  the  respondent. 

(4)  Sole  Control,  is  that  which  rests  in  one  person,  i 
poratlou  or  other  association. 

(5)  Joint  Control  is  that  which  rests  in  two  or  n 
persons,  corporations,  or  other  associations  (or  In  i 
combination  of  two  or  more  of  these)  and  was  acqui  ed 
by  them  through  the  same  act  or  transaction  or  throt  gh 
the  same  series  of  acts  or  transactions. 

(6)  An  inactive  corporation  or  association  is  <  no 
which  has  neither  operating  nor  fiscal  autonomy  but  merely 
legal  existence. 

(7)  All  existent  corporations  not  inactive  are  to  be 
considered  active. 

(8)  The  securities  of  a  corporation  are  the  sto  ;kfi 
and  the  bonds  and  other  evidences  of  indebtedness  Issi  ed, 
assumed,  guaranteed  or  assured  by  it,  and  either  running 
in  perpetuity  or  maturing  later  than  one  year  after  c  ate 
of  issue. 

(9)  Outstanding  Securities  are  those  that  have  b  ;eil 
issued  and  not  retired,  cancelled  or  nullified. 

(10)  Assumed  Securities  are  those  issued  by  anofier, 
but  which  the  assuming  corporation  undertakes  to  paj  as 
principal  payor. 

(11)  Guaranteed  Securities  are  those  issued  by  an- 
other, but  of  which  the  guaranteeing  corporation  gua  an- 
tees  payment,  1.  e.,  undertakes  payment  in  case  the  Isi  uer 
falls  to  make  payment. 

(12)  Assured  Securities  are  those  issuing  by  anottier, ' 
but  of  which  the  assuring  corporation  assures  payment, 
1.  e.,  undertakes  payment  in  case  payment  by  the  Isiiuer 
cannot  be  enforced. 

(13)  Guaranteed  Securities  and  assured  securities  are 
contingent  obligations  of  the  guarantors  and  assurers. 

(14)  Securities  are  classified  as  funded  debt  and 
stocks. 

(16)  Funded  debt  comprises  securities  which  the  cor- 
poration responsible  therefor  has  undertaken  to  pay  upon 
maturity. 

(16)  Stocks  are  securities  which  do  not  mature  (1.  e., 
which  run  in  perpetuity),  and  which  if  payable  at  all.  are 
so  only  at  the  option  of  the  corporation  responsible  there- 
for. 


Public  Sebvice  Laws 


1137 


(17)  Funded  debt  may  be  classified  as: 

(a)  Real  Estate  Mortgage  Bonds — Those  secured  by 
a  pledge  of  real  estate  through  mortgage  or  trust  deed 
or  equivalent  instrument  or  act. 

(b)  Collateral  Trust  Bonds — Those  secured  by  a  pledge 
of  securities  or  other  commercial  paper  through  trust 
deed,  or  equivalent  instrument  or  act. 

(c)  Equipment  Obligations — Those  secured  by  a  lieu 
upon  equipment,  such  lien  being  created  in  connection 
with  the  acquisition  of  the  equipment. 

(d)  Plain  Bonds — Those  not  secured  by  any  special 
mortgage  or  other  lien,  but  supported  only  by  the  general 
credit  of  the  issuer. 

(e)  Debentures — Unsecured  certificates  of  indebted- 
ness. Debentures  with  mortgage  rights  are  those  entitled, 
In  accordance  with  the  terms  of  the  contract  under  which 
they  are  issued,  to  participate  in  the  benefits  of  any  subse- 
quently created  mortgage.  If  debentures  run  in  perpetuity, 
subject  to  an  annual  interest  charg^e,  they  are  called  deben- 
ture stock. 

(f)  Notes — Ordinary  promises  to  pay.  In  legal  eflect 
plain  bonds,  debentures  and  notes  are  substantially  equiva- 
lent. 

(g)  Income  Bonds — Those  the  obligation  to  pay  inter- 
est upon  which  is  contingent  upon  the  income  of  the  corpo- 
ration not  required  tor  the  discharge  of  superior  obliga- 
tions. 

(h)  Miscellaneous — Including  real  estate  mortgages, 
pledging  specified  real  estate  to  secure  the  payment  of  a 
debt  not  evidenced  by  a  note,  bond  or  other  negotiable 
paper,  and  chattel  mortgage,  pledging  specified  chattels 
to  secure  the  payment  of  a  debt  not  evidenced  by  a  note, 
bond  or  other  negotiable  paper. 

(18)  Stocks  are  divisible  into  preferred  and  common: 

(a)  Preferred  Stocks  arfe  those  the  holders  of  which 
are  entitled  to  some  preference  in  connection  therewith. 
This  preference  may  be  some  special  voice  in  the  control 
of  the  corporation,  or  a  priority  in  the  distribution  of  divi- 
dends or  profits,  or  a  priority  in  the  distribution  of  assets 
upon  the  dissolution  of  the  corporation.  In  the  case  of 
priority  in  the  distribution  of  dividends,  there  may  be  an 
undertaking  on  the  part  of  the  issuing  corporation  to  pay 
absolutely  a  specified  sum  per  annum  per  share,  in  which 
case  the  stock  is  called  debenture  stock.  In  case  the  con- 
tract under  which  a  preferred  stock  is  issued  provides  that 
where  the  preference  specified  in  the  distribution  of  divi- 
dends is  not  fully  satisfied  in  any  one  year,  the  unsatis- 
fied portion  shall  be  carried  forward  to  a  succeeding  year 
or  years  as  a  prior  demand  upon  the  dividend  fund,  the 
preference  is  called  a  cumulative  one,  but  in  case  any  por- 
tion of  the  preference  not  fully  satisfied  within  any  one 
year  shall  not  thus  be  carried  forward,  the  stock  is  non- 
cumulative.  In  case  a  preferred  stock  is  restricted  in  the 
matter  of  dividends  to  the  expressed  preference  it  is  a 
non-participating  stock,  but  if  it  is  privileged  to  receive 
further  dividends  it  is  a  participating  stock. 

(b)  Preferred  stocks  of  a  corporation  are  sometlmea 
divided  into  classes,  those  of  one  class  having  priority 
over  those  of  another,  in  which  case  the  class  having  the 
highest  priority  in  the  matter  of  dividends  is  called  the 
first  preferred,  the  next  the  second  preferred,  etc. 

(c)  Common  stocks  are  those  which  have  no  special 
privileges  or  preferences. 

(19)  Contractual  dividends,  are  those  provided  for  by  a 
contract,  as  e.  g.,  those  the  payment  of  which  is  guaranteed. 
Other  instances  are  those  upon  debenture  stock. 

(20)  Individual  Security  Holders,  are  those  that  are 
natural  persons. 

(21)  Two  corporations  are  afliliated  when  both  are 
subject  to  the  control  of  some  third  corporation. 

17.  State  whether  or  not  the  respondent  is  a  consolida- 
ted company. 

18.  If  the  respondent  is  a  consolidated  company,  name 
all  of  the  constituent  companies  (and  all  sub-constituents, 
tracing  back  to  original  companies)  involved  in,  and  give 
dates  of,  all  consolidations,  and  of  all  corporations,  reorgan- 
izations, etc.,  of  constituent  and  sub-constituent  companies 
affected. 

Give  also  citations  of  all  statutes  under  which  such 
changes  have  been  effected. 

19.  State  whether  or  not  the  respondent  is  a  reorgan- 
ized company. 


20.  If  the  respondent  is  a  reorganized  company,  de- 
scribe each  reorganization  through  which  it  has  passed, 
giving  in  the  case  of  each  such  reorganization,  the  date 
thereof,  and  describing  the  legal  proceedings  through  which 
it  was  effected. 

21.  if  the  respondent  is  neither  a  consolidated  nor 
reorganized  company,  give  the  original  name  of  the  re- 
spondent and  the  date  of  incorporation  or  organization, 
and  cite  the  statutes  under  which  the  respondent  was 
incorporated  or  organized.  Give  full  details  concerning 
all  change  of  name,  all  increases  or  decreases  of  authoriza- 
tion to  issue  stock  or  other  securities,  and  all  other 
amendments  of  the  articles  of  incorporation  or  association, 
showing  with  respect  to  each,  the  date  thereof,  and  citing 
the  statute  or  statues  under  which  it  was  effected. 

22.  Submit  herewith  a  copy  of  the  by-laws  of  the 
respondent  as  of  .Tune  30,  1910,  if  such  laws  are  in  print. 

23.  Give  hereunder  in  alphabetic  order  a  list  of  all 
corporations  and  other  associations  over  which  the  re- 
spondent acquired  during  the  year  ended  June  30,  1910, 
any  form  of  sole  direct  control,  showing  for  each  such 
controlled  corporation  or  other  association  its  exact  cor- 
porate or  associate  name,  the  location  (including  street 
and  number)  of  its  main  business  oflSce  (and  if  it  has  no 
business  ofllce,  then  give  the  location  of  its  corporate 
oflice),  the  name  and  official  title  of  its  principal  executive 
officer,  its  character  with  regard  to  activity  (i.  e.,  whether 
active  or  inactive  as  hereinbefore  defined)  and  the  nature 
of  the  source  of  control  (classifying  the  same  as  I.,  II.,  III., 
or  IV.,  according  to  the  classes  hereinbefore  defined). 
Follow  this  list  by  one  showing  in  alphabetic  order  all  cor- 
porations and  other  associations  over  which  the  respondent 
acquired  control  during  the  year  ended  June  30,  1910,  any 
form  of  sole  indirect  control,  showing  for  each  such  cor- 
poration or  other  associations  the  particulars  above  called 
for;  and  in  addition  thereto  giving,  by  appropriate  line 
number  references  the  intermediaries  through  which  such 
control  was  had.  If  such  intermediary  is  not  elsewhere 
shown  in  this  report,  it  must  be  named  in  an  appropriately 
Indicated  foot  note  hereunder.  These  lists  must  include 
all  solely  controlled  corporations  and  other  associations  of 
whatever  character  which  had  legal  existence  during  the 
year  named,  and  control  over  which  was  acquired  during 
the  year  ended  June  30,  1910. 

24.  Give  hereunder  in  alphabetic  order  a  list  of  all  cor- 
porations over  which  the  resjjondent  during  the  year  ended 
June  30,  1910,  divested  itself  of  any  form  of  sole  direct 
control  showing  for  each  such  controlled  corporation  or 
other  association  its  exact  corporate  or  associate  name,  the 
location  (including  street  and  numher),  of  its  main  busi- 
ness office  (and  if  it  has  no  business  office,  then  give  the 
location  of  its  corporate  office)  the  name  and  official  title 
of  its  principal  executive  officer,  its  character  with  regard 
to  activity  (i.  e.,  whether  active  or  inactive  as  hereinbefore 
defined)  and  the  nature-  of  the  source  of  control  (classify- 
ing the  same  as  I.,  II..  III.,  or  IV.,  according  to  the  classes 
hereinbefore  defined.)  Follow  this  list  by  one  showing 
in  alphabetic  order  all  corporations  and  other  associations 
over  which  the  respondent  during  the  years  ended  June 
30,  1910,  divested  itself  of  any  form  of  sole  indirect  control, 
showing  for  each  such  corporation  or  association  the  par- 
ticulars above  called  for,  and  in  addition  thereto,  giving 
by  appropriate  line  number  references  the  intermediaries 
through  which  such  control  was  had  immediately  prior  to 
the  time  when  it  was  disposed  of.  If  any  such  intermediary 
is  not  elsewhere  named  in  this  report  it  must  be  named 
in  an  appropriately  indicated  foot  note  hereunder.  These 
lists  must  include  all  solely  controlled  corporations  and 
other  associations  of  whatever  character  which  had  legal 
existence  at  any  time  during  the  year  named  and  control 
over  which  was  disposed  of  during  the  year  ended  June 
30,  1910.  Show  in  foot  notes  the  transactions  by  which 
such  divesture  was  effected. 

25.  Give  hereunder  in  alphabetic  order  a  list  of  all 
corporations  over  which  the  respondent  and  another  or 
others  had  on  June  30,  1910,  joint  control  as  hereinbefore 
defined,  showing  for  each  such  controlled  corporation  or 
association  its  exact  corporate  or  associate  name,  the 
location  (including  street  and  number)  of  its  main  business 
office  (and  if  it  has  no  business  office,  then  give  its  cor- 
porate office),  the  name  and  official  title  of  its  principal 
executive  officer,  its  character  with  regard  to  activity  (i.  e.. 


1138 


National  Association  of  Railway  Commissioners 


whether  active  or  inactive,  as  hereinbefore  defined),  the 
nature  of  the  source  of  control  (denoting  the  same  as 
I.,  II.,  III.,  or  IV.,  according  to  the  classes  hereinbefore 
defined).  Shovf  also  for  each  such  controlled  corporation 
or  associations  whether  the  respondent's  control  was  direct 
or  indirect,  and  if  direct,  give  appropriate  page  and  line 
reference  to  the  names  of  the  corporations  and  associations 
shown  in  the  report  through  which  the  control  existed, 
giving  in  appropriately  indicated  footnotes  the  names  of 
all  intermediaries  not  elsewhere  shown  in  this  report;  and 
show  for  each  such  controlled  corporation  or  association 
the  names  of  all  co-tenants  in  the  joint  control  and  the 
extent  of  their  respective  interests.  This  list  must  include 
all  jointly  controlled  corporations  and  associations  of 
whatever  character  which  had  legal  existence  on  the  date 
named  in  the  joint  control  whereof  the  respondent  had  any 
Interest  whatsoever. 

26.  Give  hereunder  in  alphabetic  order  a  list  of  all 
corporations  and  associations  (omitting  only  those  here- 
tofore shown  in  this  report  as  solely  or  jointly  controlled) 
In  which  the  respondent  had  on  June  30,  1910,  sufficient 
Influence  to  have  enabled  it  to  name  one  or  more  directors, 
managers  or  trustees,  had  an  election  thereof  been  then 
in  order.  Show  for  each  such  corporation  or  association 
Its  exact  corporate  or  associate  name,  the  location  (includ- 
ing street  and  number)  of  its  main  business  office,  and  if 
it  has  no  business  office,  then  give  its  corporate  office,  the 
name  and  official  title  of  its  principal  executive  officer,  the 
total  number  of  directors,  managers  or  trustees,  provided 
for  in  the  charter,  by-laws,  or  articles  of  association,  the 
total  number  eligible  at  each  election  of  directors,  trustees, 
or  managers,  the  frequency  prescribed  for  such  elections, 
the  number  of  directors,  trustees  or  managers  qualified 
and  acting  on  June  30,  1910,  and  the  number  and  names 
of  directors  then  qualified  and  acting  who  were  named  by 
or  on  behalf  of  the  respondent.  This  list  must  include 
corporations  and  associations  of  every  character. 

27.  State  whether  or  not  the  respondent  had  on  June 
30,  1910,  either  directly  or  indirectly,  title  to  30  per  cent 
or  more  (but  less  than  a  majority)  of  the  total  voting 
power  in  any  corporation  or  association. 

28.  If,  on  June  30,  1910,  the  respondent  had,  either  di- 
rectly or  indirectly,  title  to  30  per  cent  or  more  (but  less 
than  a  majority)  of  the  total  voting  power  in  any  corpo- 
ration or  association,  show  in  alphabetic  order  all  such  cor- 
porations or  associations  in  which  the  respondent  had  such 
influence  directly,  and  for  each  such  corporation  or  as- 
sociation give  its  exact  corporate  or  associate  name,  the 
location  (including  street  and  number)  of  its  main  business 
office,  the  name  and  official  title  of  its  principal  executive 
officer,  the  total  voting  power  in  the  said  corporation  or 
association,  the  amount  of  voting  power  held  by  the 
respondent  and  the  source  of  the  respondent's  voting 
power  (as  e.  g.,  through  ownership  of  securities,  describ- 
ing them,  or  through  agreement,  etc.)  Follow  this  list 
by  another  showing  in  alphabetic  order  all  corporations 
and  associations  in  which  respondent  has  such  influence 
indirectly,  showing  the  facts  as  above  called  for,  and 
showing  also,  in  footnotes  appropriately  referred  to  the 
names  of  the  respective  intermediaries.  The  corporations 
here  required  to  be  listed  need  not  include  any  jointly 
controlled  corporations  and  associations  shown  on  page 
of  this  report. 

29.  State  whether  or  not  any  corporation  or  other  as- 
fsociation  had  at  any  time  during  the  year  ended  June  30, 
1910,  any  form  of  sole  control  over  the  respondent,  using 
the  term  sole  control  as  hereinbefore  defined. 

30.  If  any  corporation  or  other  association  had  at  any 
time  during  the  year  ended  June  30,  1910,  any  form  of 
sole  control  over  the  respondent,  give  for  each  such  con- 
trolling corporation: 

(a)  Its  exact  corporate  or  associate  name. 

(b)  The  location  (including  street  and  number)  of  its 
main  business  office  on  June  30,  1910. 

(c)  The  location  (including  street  and  number)  of  its 
corporate  or  associate  office  on  June  30,  1910. 

(d)  The  name,  address,  and  official  title  of  its  principal 
executive  officer. 

(e)  The  date  when  it  acquired  such  influence  in  re- 
spondent. 

(f)     The  date  (it  any)  when  It  relinquished  control  over 
the  respondent. 


Qter 

'4 


(g)  The  character  of  its  control  over  respondent,  and 
the  transaction  or  transactions  through  which  it  obtained 
control.  If  at  any  time  during  the  said  year  the  said  con- 
trol was  indirect,  state  that  fact  and  give  the  names  of  all 
intermediaries.  If  the  said  control  was  relinquished  dur- 
ing the  said  year,  state  the  transaction  or  transactions 
through  which  such  relinquishment  was  effected. 

31.  State  whether  or  not  any  two  or  more  corporations 
or  associations  of  any  combinations  of  corporations,  as- 
sociations or  individuals,  had  at  any  time  during  the  year 
ended  June  30,  1910,  any  form  of  joint  control  over  the 
respondent,  using  the  term  joint  control  as  hereinbefore 
defined. 

32.  If  any  two  or  more  corporations  or  associations 
or  any  combination  of  corporations,  associations  or  indi- 
viduals, had  at  any  time  during  the  year  ended  June  30, 
1910,  any  form  of  joint  control  over  the  respondent,  give 
for  each  instance  of  such  control: 

(a)  The  exact  names  of  all  corporations,  associations, 
and  individuals  participating  iu  such  control. 

(b)  The  date  when  such  control  was  acquired. 

(c)  The  date,  if  any,  when  such  control  was  relin- 
quished. 

(d)  The  character  of  such  control  and  the  transactijn 
or  transactions  through  which  it  was  acquired.  If  at  aay 
time  during  the  said  year,  the  said  control  was  indire;t, 
state  that  fact,  and  give  the  names  of  all  intermediaries. 
If  the  said  control  was  relinquished  at  any  time  during  tae 
said  year,  state  the  transaction  or  transactions  through 
which  such  relinquishment  was  effected.  For  each  cor- 
poration or  association  participating  in  any  such  contiol 
give: 

(e)  The  location  (including  street  number  and  numter 
of  its  main  business  office  on  June  30,  1910. 

(f)  Tlie  location   (including  street  and  number)  of 
corporate  or  apsociate  office  on  June  30,  1910. 

(g)  The  name,  address  and  official  title  of  its  prlnci]  al 
executive  officer,  and 

(h)  The  extent  of  its  interest  in  the  respondent;  aid 
for  each  Individual  participating  in  any  such  control,  gi  ve 

(i)  His  business  address  (Including  street  and  nu  a- 
ber)  and 

(j)     The  extent  of  his  interest  in  respondent,  marki  ig 
the  various   parts  of  the  answer  to   correspond   with   t  i 
parts  of  the  inquiry. 

33.  State  whether  or  not  any  corporation  or  associal 
had,   at   any  time   during   the   year   ended   June   30,   19  0, 
sufficient  influence   (less  than  control)   to  have  been  alle 
to  name  one  or  more  members  of  the  board  of  directo's,* 
managers  or  trustees   of  the  respondent   had   an   electij: 
thereof  been  in  order. 

34.  If,  at  any  time  during  the  year  ended  June  30,  19 
any  corporation  or  association  had  sufficient  influence  (I< 
than  control)  to  have  been  able  to  name  one  or  more  mem' 
bers  of  the  board  of  directors,  managers  or  trustees  of  i 
respondent  had  an  election  thereof  then  been  in  order.  I 

Give  for  each  such  corporation  or  association:  ' 

(a)  Its  exact  corporate  or  associate  name. 

(b)  The  location  (including  street  and  number)  of  li 
main  business  office  on  June  30,  1910. 

(c)  The  location   (including  street  and  number)  of  H 
corporate  or  associate  office  on  June  30,  1910. 

(d)  The  name,  address,  and  official  title  of  Its  pril 
pal  executive  officer.  1 

(e)  The  date  it  acquired  such  influence  in  respondl 

(f)  The  date  (if  any)  when  it  ceased  to  have  such  in* 
fluence  in  respondent. 

(g)  The  extent  and  character  of  its  influence  in  re- 
spondent and  the  transaction  or  transactions  through  which 
such  influence  was  acquired.  If  it  was  divested  of  such 
influence  at  any  time  during  the  said  year,  show  the  trans- 
action or  transactions  through  which  such  change  T>as 
effected.     Show  also. 

(h)  The  names  and  addresses  of  all  members  of  the 
board  of  directors,  managers  or  trustees  of  the  respondimt, 
who  were  named  by  or  on  behalf  of  such  corporation 
or  association. 

35.  State  whether  or  not  at  any  time  during  the  year 
ended  June  30,  1910,  any  officer  or  any  member  of  the 
board  of  directors,  managers  or  trustees  of  the  respondent 
was  also  an  officer  or  a  member  of  the  board  of  directors. 


I     t  Iftj 

le 

•a,* 

i 


Public  SERVioa  Laws 


1139 


managers  or  trustees  of  any  other  corporation  or  associa- 
tion not  solely  controlled  by  the  respondent. 

36.  If  at  any  time  during  the  year  ended  June  30, 
1910,  any  other  corporation  or  association  not  solely 
controlled  by  the  respondent  had  as  an  officer  thereof 
or  as  a  member  of  its  board  of  directors,  managers  or 
trustees  any  person  wlio  was  at  the  same  time  an  officer 
of  the  respondent  or  a  member  of  the  board  of  directors, 
managers  or  trustees  of  the  respondent,  give  the  name 
of  each  such  corporation  or  association,  the  location  (in- 
cluding street  and  number)  of  its  main  business  office,  the 
name  and  official  title  of  the  principal  executive  officer, 
the  number  of  members  of  its  said  Board,  and  the  names, 
official  titles  and  dates  of  termination  of  office  or  of  member- 
ship in  said  board  of  such  corporation  or  association  of  all 
persons  who  were  at  the  same  time  officers  of  the  respond- 
ent, members  of  its  board  of  directors,  managers,  or  trus- 
tees. 

37.  State  whether  or  not  any  corporation  or  other 
association  had  on  June  30,  1910,  any  form  of  title  in  re- 
mainder or  reversion  to  any  item  of  tangible  property 
to  or  in  which  respondent  had  on  that  date  right  of  pos- 
session. 

38.  If,  on  June  30,  1910,  any  corporation  or  other 
association  had  any  form  of  title  in  remainder  or  reversion 
to  any  item  of  tangible  property  to  or  in  which  respondent 
had  on  that  date  right  of  possession,  give  the  exact  name  of 
such  corporation  or  association  the  location  (including 
street  and  number)  of  its  main  business  office,  the  name 
and  official  title  of  its  principal  executive  officer,  the  date 
when  respondent's  present  interest  in  such  item  of  tangible 
property  will  terminate,  and  a  brief  description  of  such 
item  of  tangible  property,  showing  in  connection  there- 
with the  extent  of  the  respondent's  interest  therein  and  all 
conditions  to  which  such  interest  is  subject,  including 
herein  a  clear  statement  of  all  rental  and  other  obligations 
the  non-performance  of  which  gives  3.  right  of  foreclosure 
or  forfeiture  of  the  respondent's  interest. 

39.  State  whether  or  not  any  corporation  or  other  as- 
sociation had,  on  June  30,  1910,  any  form  of  title  In 
remainder  or  reversion  to  any  corporate  securities  or  other 
item  of  tangible  property  to  or  in  which  respondent  had 
on  that  date  right  of  possession. 

40.  If,  on  June  30,  1910,  any  corporation  or  other  as- 
sociation had  any  form  of  title  in  remainder  or  reversion 
to  any  corporate  securities  or  other  item  of  intangible 
property  to  or  in  which  respondent  had  on  that  date  right 
of  possession,  give  the  exact  name  of  each  corporation  or 
association,  the  location  (including  street  and  number) 
of  its  main  business  office,  the  name  and  official  title  of 
its  principal  executive  officer,  the  date  when  respondent's 
present  interest  in  such  corporate  security  or  other  item 
of  intangible  property  will  terminate,  and  a  brief  descrip- 
tion of  each  corporate  security  or  other  item  of  intangible 
property  showing,  in  case  the  same  is  an  obligation,  the 
name  of  the  party  primarily  responsible  therefor,  the  name 
of  the  obligation,  the  date  of  maturity,  the  rate  of  inter- 
est per  annum,  the  dates  when  such  interest  matures,  and 
the  par  value  of  the  obligation,  in  case  the  security  is  a 
stocl<,  the  name  of  the  party  primarily  responsible  there- 
for, the  name  of  the  stock,  the  rate  of  contractual  divi- 
dends per  annum,  if  any,  the  dates  of  maturity  of  dividends 
and  the  par  value  of  the  stock,  and  in  case  the  proj)erty 
is  neither  stock  nor  obligation,  describing  It  sufficiently 
to  identify  it. 

41.  State  whether  or  not  on  June  30,  1910,  the  re- 
•spondent  had  any  form  of  title  in  remainder  or  reversion 
to  any  item  of  tangible  property  right  of  present  pos- 
session to  or  in  which  was  on  that  date  in  any  corporation 
or  other  association  other  than  the  respondent. 

42.  If,  on  June  30,  1910,  the  respondent  had  any  form 
of  title  in  remainder  or  reversion  to  any  item  of  tangible 
property  right  of  present  possession  to  or  in  which  was 
on  that  date  in  any  corporation  or  other  association  other 
than  the  respondent,  describe  briefly  each  such  item  of 
tangible  property,  showing  in  connection  therewith  the 
amount  of  annual  or  other  rental,  if  any,  to  which  respond- 
ent is  entitled  in  respect  thereof,  the  security  which  re- 
spondent has  for  the  payment  of  such  rental,  the  date 
when  under  present  conditions  the  right  to  recover  pos- 
session will  accrue  to  the  respondent,  the  exact  name  of 

'  the  corporation   or  other  association   having  the   right  of 


possession  to  or  in  such  item  of  tangible  property,  the 
location  (including  street  and  number)  of  the  main  busi- 
ness office  thereof,  and  the  name  and  official  title  of  the 
principal  executive  officer  thereof.  If  any  rental  is  in  any- 
wise contingent,  in  connection  with  such  rental,  state  the 
contingency. 

43.  State  whether  or  not  on  June  30,  1910,  the  re- 
spondent had  any  form  of  title  in  remainder  or  reversion 
to  any  corporate  security  or  other  item  of  intangible 
property  right  of  present  possession  to  or  in  which  was 
on  that  date  in  any  corporation  or  other  association  other 
than  the  respondent. 

44.  If,  on  June  30,  1910,  the  respondent  had  any  form 
of  title  in  remainder  or  reversion  to  any  corporate  security 
or  other  item  of  intangible  property  right  of  present  pos- 
session to  or  in  which  was  on  that  date  in  any  corporation 
or  other  association  other  than  the  respondent,  describe 
briefly  each  corporate  security  or  other  item  of  intangible 
property,  showing  in  case  the  same  is  an  obligation,  the 
name  of  the  party  primarily  responsible  therefor,  the  name 
of  the  obligation,  the  date  of  maturity,  the  rate  of  interest 
per  annum,  the  dates  when  such  interest  matures,  and  the 
par  value  of  the  obligation,  and  in  case  the  security  is  a 
stock,  the  name  of  the  party  primarily  responsible  therefor, 
the  name  of  the  stock,  the  rate  of  contractual  dividends  per 
annum,  if  any,  the  dates  of  maturity  of  such  dividends, 
and  the  par  value  thereof  and  in  case  the  property  Is 
neither  stock  nor  obligation,  describing  it  sufficiently  to 
identify  it,  showing  further  for  each  such  corporate  security 
or  other  item  of  intangible  property  the  date  when  under 
present  conditions  the  right  to  recover  possession  will 
accrue  to  the  respondent,  the  exact  name  of  the  corpora- 
tion or  other  association  having  the  right  of  possession  to 
or  in  such  corporate  security  or  other  intangible  property, 
the  location  (including  street  and  number)  of  the  main 
business  office  thereof  and  the  name  and  official  title  of  the 
principal  executive  officer  thereof. 

45.  State  whether  or  not  the  respondent  had  at  any 
time  during  the  year  ending  June  30,  1910,  an  easement  of 
any  character  in  the  property  of  any  other  corporation 
or  other  association. 

46.  If  at  any  time  during  the  year  ended  June  30, 
1910,  the  respondent  had  an  easement  of  any  character  iu 
the  property  of  any  other  corporation  or  other  association 
show  with  respect  to  each  such  easement,  its  character 
and  extent,  the  property  subject  to  it,  the  names  of  the 
holders  of  the  right  of  possession  to  or  in  said  property 
subject  to  such  easement,  the  duration  of  such  easement  and 
the  conditions  (as  of  rental,  etc.)  subject  to  which  the 
respondent  enjoys  such  easement. 

47.  State  whether  or  not  respondent  had  at  any  time 
during  the  year  ended  June  30,  1910,  possession  of  any 
property  which  it  held  subject  to  a  servitude  in  favor  of 
any  other  corporation  or  other  association. 

48.  If  at  any  time  during  the  year  ended  June  30, 
1910,  respondent  had  possession  of  any  property  which 
It  held  subject  to  a  servitude,  in  favor  of  any  other  corpora- 
tion or  association,  describe  briefly  each  item  of  property 
so  held,  and  show  the  character  and  extent  of  the  servi- 
tude to  which  it  was  subject,  the  duration  of  the  servitude, 
the  name  of  the  beneficiary  thereof,  and  the  conditions 
(as  of  payment  of  rentals,  etc.,  to  the  respondent)  upon 
performance  of  which  the  continuance  of  said  servitude 
depends. 

49.  State  whether  or  not  respondent  held  on  June  30, 
1910,  an  option  to  purchase  any  property  of  any  character 
whatsoever  from  any  other  corporation  or  other  associa- 
tion. 

50.  If  respondent  held  on  June  30,  1910,  an  option  to 
purchase  from  another  corporation  or  other  association 
any  property  of  any  character  whatsoever,  describe  briefly 
each  item  of  property  subject  to  any  such  options,  show- 
ing In  connection  with  each  such  option  the  name  and  ad- 
dress of  the  party  who  held  the  said  property  subject  to 
the  said  option,  the  extent  and  character  of  the  said  prop- 
erty, the  date  when  the  option  was  originally  granted  and 
to  whom,  the  date  and  the  persons  from  whom  and  for 
what  consideration  it  was  acquired  by  the  respondent, 
the  terms  of  the  option,  and  the  date  on  or  before  which 
It  must  be  exercised  if  at  all. 

51.  State  whether  or  not  there  were  outstanding  on 
June  30,  1910,  any  options  for  the  purchase  of  any  of  the 
property  of  the  respondent. 


1140 


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52.  If  on  June  30,  1910,  there  were  outstanding  any 
options  for  the  purchase  of  any  of  the  property  of  the 
respondent,  describe  briefly  the  property  covered  by  each 
such  option  and  state  the  terms  of  the  option  and  the 
date  on  or  before  ■which  it  must  be  exercised,  if  at  all, 
the  date  when  and  the  consideration  for  which  the  option 
was  originally  granted,  the  original  grantee,  and  the 
present  holder  of  such  option. 

53.  State  whether  or  not  at  any  time  during  the  year 
ended  June  30,  1910,  the  respondent  obligated  itself  as 
guarantor  or  surety  for  the  performance  by  any  other 
corporation  or  other  association  of  any  agreement  or 
obligation,  excluding  herefrom  commercial  paper  maturing 
on  demand  or  not  later  than  one  year  after  date  of  issue. 

54.  If  at  any  time  during  the  year  ended  June  30, 
1910,  the  respondent  obligated  itself  as  guarantor  or  surety 
for  the  performance  by  any  other  corporation  or  other 
association,  of  any  agreement  or  obligation,  show  for  each 
contract  of  guaranty  or  suretyship  in  force  at  any  time 
during  the  said  year  the  names  of  all  parties  principally 
and  primarily  liable,  the  character,  extent  and  terms  of 
such  agreement  or  obligation,  the  extent  of  the  respondent's 
contingent  liability,'  the  contingency  whereupon  such  lia- 
bility will  become  actual,  and  the  security  taken  by  the 
respondent  to  protect  itself  against  such  contingency.  This 
Inquiry  does  not  cover  the  case  of  ordinary  commercial 
paper  maturing  on  demand  or  not  later  than  one  year 
after  date  of  issue. 

55.  State  whether  or  not  at  any  time  during  the  year 
ended  June  30,  1910,  any  corporation  or  other  association 
obligated  itself  as  guarantor  or  surety  for  the  performance 
by  the  respondent  of  any  agreement  or  obligation,  excluding 
therefrom  ordinary  commercial  paper  maturing  on  demand 
or  not  later  than  one  year  after  date  of  issue. 

50.  If  at  any  time  during  the  year  ended  June  30, 
1910,  any  corporation  or  other  association  obligated  itself 
as  guarantor  or  surety  for  the  performance  by  the  respond- 
ent of  any  agreement  or  obligation,  show  for  each  contract 
of  guaranty  or  suretyship  in  force  at  any  time  during 
the  said  year^  the  character,  extent  and  the  terms  of  the 
primary  agreement  or  obligation,  the  names  of  all  guaran- 
tors and  sureties,  the  extent  of  •  their  several  contingent 
liabilities  as  such  guarantors  or  sureties,  the  contingencies 
whereupon  such  liabilities  will  become  actual,  the  consider- 
ation, if  any,  given  by  the  respondent  to  obtain  such  guar- 
anty and  surety,  and  the  security.  If  any,  given  by  the  re- 
spondent to  such  guarantors  and  sureties  for  their  indemni- 
fication. This  inquiry  does  not  cover  the  case  of  ordinary 
commercial  paper  maturing  on  demand  or  not  later  than 
one  year  after  date  of  issue. 

57.  Give  a  list  showing  every  traffic  agreement  In 
force  June  30,  1910,  through  which  the  respondent  became 
obligated  to  receive  from  or  supply  to  other  corporations 
goods  for  transportation  or  passengers  for  transportation 
or  to  receive  or  render  any  service  of  any  claSs  which  re- 
spondent is  obligated  to  receive  or  render  the  terms  of 
which  agreement  dilter  in  any  regard  whatever  from  those 
upon  which  any  person  is  of  common  right  entitled  to 
supply  to  or  to  receive  from  the  respondent  goods  for 
transportation  or  passengers  for  transportation  or  any 
service  of  any  kind  which  respondent  is  obligated  to 
receive  or  render.  Show  for  each  such  agreement  the 
names  and  addresses  of  the  parties  thereto,  the  date  when 
it  became  effective,  the  date  when,  according  to  its  terms, 
it  will  expire,  the  consideration  upon  which  it  is  based,  and 
the  amount  of  business  done  under  it  during  the  year 
ended  June  30,  1910.  If  there  was  no  such  agreement, 
state  that  fact. 

58.  Show  hereunder  the  balance  sheet  particulars  of 
the  affairs  of  the  respondent  as  shown  by  its  accounts  (or 
deducible  therefrom)  as  of  the  close  of  business  on  June 
30,  1910,  corresponding  information  as  of  the  close  of 
business  on  June  30,  1909,  and  the  net  change  in  each  item 
during  the  year  ended  June  30,  1910. 

(Wherever  applicable  the  Interstate  Commerce  Com- 
mission's Classification  shall  be  adopted  and  figures  for 
Oklahoma  shall  be  shown  separate  from  "Entire  Line" 
business.) 

59.  Show  below,  in  the  spaces  provided,  the  expendi- 
tures for  road  and  equipment,  or  plant,  classified  in  accord- 
ance with  the  accounting  order  of  the  corporation  com- 
mission, effective  July  1,  1909,  for  all  road  and  equipment 


or  plant  of  the  respondent  devoted  to  public  service  oni 
June  30,  1909,  like  expenditures  for  all  road  and  equipment 
or  plant  of  the  respondent  devoted  to  public  service  on. 
June  30,  1910,  the  total  debits  made  during  the  year  ended 
June  30,  1910,  to  the  several  accounts  named  below,  the 
total  credits  made  during  the  said  year  to  the  said  ac- 
counts, the  expenditures  (similarly  classified)  made  dur- 
ing the  said  year  for  extensions  of  road  and  for  equipment 
or  for  plant  on  such  extensions,  and  the  expenditures, 
(similarly  classified)  made  during  the  said  year  for  addi- 
tions and  betterments  to  the  road  and  equipment  or  plant 
of  the  respondent  showing  with  respect  to  expenditures 
for  additions  and  betterments  the  classes  of  accounts, 
to  which  they  are  charged,  as  between  capital  accounts, 
income  accounts,  and  special  fund  or  reserve  accounts. 
Where  the  accounts  of  the  expenditures  for  road  and 
equipment  or  plant  kept  by  the  respondent  prior  to  June- 
30,  1909,  do  not  enable  the  respondent  to  make  au  exact 
statement  as  to  that  date,  such  fact  shall  be  stated  and  an 
estimate  should  be  made  for  the  distribution  of  the  total 
expendlures  among  the  accounts  named. 

60.  Show  hereunder  the  cost  of  the  property  devcted 
by  the  respondent  to  the  several  classes  of  outside  opera- 
tions in  which  it  was  engaged  on  June  30,  1909,  and  on 
June  30,  1910,  as  such  cost  was  shown  upon,  or  was  de- 
ducible in  such  cost  for  such  class  of  operations  dm  Ing 
the  year  ended  June  30,  1910. 

61.  Detail  hereunder  the  various  special  deposits  of  the 
respondent  on  June  30,  1910,  the  aggregate  of  whicl  is 
shown  in  the  item  "special  deposits"  in  the  balance  si  eet 

on  page ante.    By  a  special  deposit  is  meant  money 

or  credit  placed  in  the  hands  of  a  fiscal  agent  or  other  agent 
of  the  respondent  for  some  special  purpose  and  not  to  be 
used  for  general  purposes  until  after  the  special  puriose 
is  satisfied  as,  e.  g.,  payment  of  interest  coupons,  paynent 
of  dividends,  payment  of  taxes,  etc. 

62.  Detail  hereunder  the  various  prepayments  of  the 
respondent  on  June  30,  1910,  the  aggregate  of  whicl  is 
shown  in  the  item  "prepayments"  in  the  balance  sheet  on 

page  ante.    By  a  prepayment,  as  the  word  Is  1  ere 

used,  is  meant  the.  unexhausted  portion  of  an  advance  i  ay- 
ment,  as  of  rent,  insurance,  premiums,  etc. 

63.  Show  hereunder  the  various  debits  in  suspense  on 
June  30.  1910,  the  aggregate  of  which  is  shown  in  the  1  em 
"suspense"  in  the  balance  sheet  on  page  ante. 

64.  Give  hereunder  the  details  of  the  securities  md 
other  things  held  as  investments,  whether  subject  to 
pledge,  mortgage,  or  other  lien,  or  held  as  free  as6  )ts, 
showing  with  respect  to  each  such  pledge,  mortgage  or 
other  lien  the  obligation  in  support  of  which  it  va« 
created,  and  following  the  description  thereof  with  a  list 
of  such  securities  and  other  things  subject  thereto  ell  ( 
fied  in  the  following  order:  J 

(1)  Bonds  of  companies  independent  of  the  respi 
ent,  (2)  other  funded  debt  of  independent  companies,  (3) 
stocks  of  independent  companies,  (4)  bonds  of  compa  lies 
subsidiary  to  or  afliliated  with  the  respondent,  (5)  oher 
funded  debt  of  subsidiary  or  afliliated  companies,  (6) 
stocks  of  subsidiary  or  affiliated  companies,  (7)  advai  ces 
to  subsidiary  or  affiliated  companies,  (8)  improved  eal 
estate  showing  separately  the  land  and  the  improvemiuts 
thereon,  (9)  unimproved  real  estate,  and*(10)  all  othei  in- 
vestments, stating  them  in  detail,  and  giving  finally  a 
similarly  classified  list  of  investments  held  as  free  assets 
on  June  30,  1910.  Each  security  of  any  of  the  foregoing 
classes  must  be  shown  separately  and  its  description  Eiust 
give  the  name  of  the  issuing  company,  the  name  of  the  se- 
curity, the  date  of  issue  thereof,  the  date  of  maturitj  (If 
any),  the  rate  and  dates  of  maturity  of  interest  or  of  con- 
tractual dividends  (if  any),  the  date  of  acquisition  by 
the  respondent,  the  actual  money  cost  to  the  respond- 
ent, the  amount  at  which  is  carried  on  the  bDoks 
of  the  respondent,  and  the  income  received  therefrom 
during  the  year  ended  June  30,  1910.  Each  thing  other 
than  a  security  must  be  described  with  sufficient  dotall 
to  identify  it,  and  in  connection  therewith  must  be  shown 
the  date  of  acquisition  by  the  respondent,  the  cost  to  the 
respondent,  the  amount  at  which  it  is  carried  on  the  books 
of  the  respondent  and  the  income  accrued  therefrom  to 
the  respondent  during  the  year  ended  June  30,  1910.  By 
investments  as  here  used,  are  meant  all  properties  acquired 
not  for  use  in  present  operations  but  as  a  means  of  ob- 


IISI 

•  iinB 


Public  Service  I^aws 


1141 


taining  or  exercising  control  over  other  corporations  or 
for  income  to  be  deprived  from  such  properties  or  for  a 
rise  in  value  or  for  devotion  to  future  operations  (ex- 
cluding therefrom  material  and  supplies).  By  subsidiary 
companies  are  meant  those  controlled  by  the  respondent 
either  solely  or  jointly,  directly  or  indirectly.  By  affili- 
ated companies  are  meant  those  which  are  subsidiary  to 
the  same  corporation  or  controlling  interest  or  interests. 

65.  Show  hereunder  the  several  funded  debt  liabilities 
of  the  respondent  outstanding  on  June  30,  1910,  stating 
them  in  the  following  order:  (1)  real  estate  mortgage 
bonds,  (2)  collateral  trust  bonds,  (3)  debenture,  plain 
bonds  and  promissory  notes,  (4)  income  bonds  and  (5) 
all  other  funded  debt  liabilities,  except  equipment  obliga- 
tions (stating  them  in  detail  and  showing  in  footnotes 
appropriately  referred  to  the  peculiarities  which  prevent 
their  inclusion  in  any  of  the  preceding  classes).  Arrange 
the  liabilities  of  each  class  in  order  of  their  priority  of 
maturity,  and  give  for  each  such  liability  its  name,  the 
date  of  Issue,  the  date  of  maturity,  the  rate  and  dates  of 
maturity  of  interest,  the  par  value  of  the  authorized  issue, 
the  total  par  value  actually  issued,  the  total  amount  of 
cash  realized  thereon  (and  if  such  liability  was  not  issued 
for  cash  show  in  a  footnote  the  actual  consideration  real- 
ized upon  the  issue  by  the  respondent,  or  by  the  issuer), 
and  the  par  value  of  the  portion  redeemed,  retired,  can- 
celled or  otherwise  nullified,  if  any.  The  liabilities  here 
called  for  are  those  for  which  the  respondent  is  primarily 
liable. 

GG.  Upon  like-numbered  lines  hereunder  show  for  each 
of  the  funded  debt  liabilities  of  the  respondent  listed 
on  the  preceding  page  the  par  value  of  the  amount  out- 
standing on  June  30,  1910,  the  par  value  of  the  amount 
held  by  or  on  behalf  of  the  respondent  (stating  in  this 
connection  the  amount  held  free  of  lien  and  the  amount 
pledged  or  otherwise  encumbered  by  lien,  together  with 
the  name  of  the  pledgor  or  lienor),  the  par  value  of  the  net 
amount  outstanding  on  June  30,  1910,  the  amount  of  Inter- 
est accrued  on  the  net  amount  outstanding  during  the  year 
ended  on  that  date,  the  amount  of  interest  thereon  actu- 
ally paid  during  such  year,  and  a  reference  to  the  line  num- 
ber of  page    giving  a  brief  description   of  the 

property  (if  any),  mortgaged  or  otherwise  encumbered  by 
lien  in  support  of  the  liability.  If  any  of  the  said  securi- 
ties held  by  or  on  behalf  of  the  respondent  are  held 
as  part  of  the  whole  of  its  investment  of  sinking  funds, 
or  as  a  part  of  its  free  surplus,  that  fact  and  a  designa- 
tion of  the  securities  so  held  must  be  shown  in  a  footnote 
appropriately  referred  to 

67.  Show  hereunder  the  particulars  called  for  concern- 
ing the  property  of  the  respondent  mortgaged,  pledged  or 
otherwise  bound  as  security  for  the  funded  debt  and 
o*her  obligations  of  the  respondent  on  June  30,  1910. 
The  amount  of  mortgage  per  mile  of  road  should  be  based 
on  the  amount  of  debt  provided  for  by  the  mortgage. 

08.  Show  hereunder  the  equipment,  income  and  se- 
curities covered  by  the  respective  mortgages,  pledges,  etc., 
above  designated.  For  brevity,  the  mortgage  may  be  re- 
ferred to  by  the  number  of  the  line  on  which  its  designa- 
tion is  above  written. 

69.  Show  in  the  spaces  below  provided  for  each  series 
of  obligations  issued  or  assumed  by  the  respondent  and 
outstanding  on  June  30,  1910,  the  issue  of  which  was  in 
total  or  partial  payment  for  equipment  acquired  and  the 
security  for  which  is  a  trust  deed  or  other  form  of  mort- 
gage upon  the  equipment  so  acquired;  (1)  the  serial  or 
other  designation  of  the  obligation,  (2)  the  date  of  issue, 
(3)  the  term  (in  years)  of  the  series  (i.  e.,  the  number  of 
years  from  date  of  issue  to  date  of  maturity  of  the  latest 
maturing  obligation  in  the  particular  series),  (4)  the  num- 
ber of  payments  provided  for  the  particular  series  (and 
if  the  payments  are  unequal  in  amount,  or  are  to  occur  at 
Irregular  intervals,  the  particulars  in  these  regards  must 
be  shown  in  a  footnote  appropriately  referred  to),  (5)  the 
equipment  covered,  showing  classes  and  number  of  units, 
(6)  the  market  value  (or  actual  cash  value)  of  the  equip- 
ment at  the  time  of  acquisition,  (7)  the  contract  prices  of 
equipment  acquired,  (8)  the  amount  of  cash  paid  upon  ac- 
ceptance of  equipment,  (9)  the  par  value  of  equipment 
obligations  issued,  (10)  the  Interest  rate  (if  any)  per  an- 
num borne  by  such  obligations  prior  to  their  maturity,  (11) 
the  par  value  of  such  obligations  outstanding  matured  and 


unpaid  June  30,  1910,  (12)  the  par  value  of  such  obliga- 
tions outstanding  unmatured  June  30,  1910,  (13)  the 
amount  of  interest  accrued  on  outstanding  obligations  dur- 
ing the  year  ended  June  30,  1910,  (14)  the  amount  of  in- 
terest paid  on  such  obligations  during  such  year,  and  (15) 
the  amount  of  interest  accrued  on  such  obligations  and  un- 
paid (including  herein  unmatured  interest  accrued  as  well 
as  matured  interest  unpaid  on  June  30,  1910.) 

70.  Show  hereunder  a  classified  summary  statement  of 
the  funded  debt  or  receiver's  certificates  of  the  respondent 
outstanding  June  30,  1910,  also  of  the  interest  actually  paid 
during  the  year  and  of  the  interest  accrued  on  the  net 
amount  outstanding  during  the  year  ended  June  30,  1910. 

71.  Show  hereunder  the  cash  and  other  current  assets 
available  on  June  30,  1910,  for  the  satisfaction  of  current 
liabilities  and  the  current  liabilities  of  that  date,  including 
rents  payable  due  July  1,  1910.  Opposite  the  title  "Cash 
Assets"  show  the  total  amount  of  cash  in  the  hands  of  the 
treasurer  available  for  general  purposes  and  credits  at 
banks  and  other  depositories  available  on  demand.  Op- 
posite "bills  receivable"  show  all  bona  flde  and  collectible 
promissory  notes  and  other  commercial  paper  (excluding 
bank  bills  and  other  matters  includible  in  "cash  assets") 
due  on  demand  or  at  an  early  date.  Opposite  "due  from 
agents"  show  the  amount  due  from  agents  of  the  respon- 
dent including  conductors  and  station  agents,  which  Is  to 
be  remitted  as  applying  to  business  up  to  and  Including 
June  30.  Do  not  include  any  materials  and  supplies  among 
current  assets.  Opposite  "loans  and  bills  payable"  show 
the  amount  of  all  outstanding  loans  and  bills  payable  not 
includible  in  funded  debt,  whether  such  loans  and  bills  be 
matured  or  unmatured.  Opposite  "audited  vouchers  and 
accounts"  show  the  amount  of  audited  vouchers  and  ac- 
counts payable  applying  to  the  business  up  to  and  includ- 
ing June  30.  Opposite  "wages  and  salaries"  state  the 
amount  of  wages  and  salaries  due  or  accrued  for  services 
rendered  up  to  and  including  June  30.  Opposite  "dividends 
not  called  for"  show  ail  dividends  declared  up  to  and  In- 
cluding June  30  which  had  not  yet  been  paid.  Opposite 
"matured  interest  coupons  unpaid"  show  the  amount  of 
all  interest  due  and  unpaid  up  to  and  including  June  30- 
include  also  interest  falling  due  as  of  July  1.  Opposite 
"rents  due  July  1"  show  all  sums  due  for  rent  of  leased 
roads  and  other  property  up  to  and  including  July  1.  Op- 
posite "miscellaneous"  show  all  unfunded  debt  not  Includ- 
ible under  any  preceding  head. 

71a.  Show  hereunder  the  several  stocks  of  the  respon- 
dent outstanding  June  30,  1910,  stating  them  in  the  follow- 
ing order:  (a)  debenture  stocks,  (b)  first  preferred  stock 
(c)  second  preferred  stocks,  and  (d)  common  stocks.  Ar- 
range the  stocks  of  each  class  in  the  order  of  their  priority 
of  right  to  dividends  and  give  for  each  stock  its  name,  the 
date  of  issue,  the  par  value  of  each  share,  the  total  number 
of  shares  authorized,  the  total  number  of  shares  Issued, 
the  par  value  of  the  amount  Issued,  the  total  amount  of 
cash  realized  thereon  (and  if  such  stock  was  not  Issued 
for  cash,  show  In  a  footnote  the  actual  consideration 
realized  upon  the  issue  by  the  respondent  or  by  the  issuer), 
and  the  par  value  of  the  portion  redeemed,  returned,  can- 
celled, or  otherwise  nullified,  if  any.  The  stocks  here 
called  for  are  those  issued  by  the  respondent  or  assumed 
by  it  as  though  originally  issued  by  it. 

72.  Upon  correspondingly  numbered  lines  hereunder 
show  for  each  of  the  stocks  of  the  respondent  listed  above, 
the  par  value  of  the  amount  outstanding  on  June  30,  1910, 
the  par  value  of  the  amount  held  by  or  on  behalf  of  the 
respondent  (stating  in  this  connection  the  amount  held 
free  of  lien  and  the  amount  pledged  or  otherwise  encum- 
bered by  lien,  together  with  the  name  of  the  pledgee  or 
lienor),  the  par  value  of  the  net  amount  outstanding  on 
June  30,  1910,  the  amount  of  dividends  declared  thereon 
during  the  year  ended  on  that  date,  and  the  amount  of 
dividends  thereon  actually  paid  during  that  year.  If  any 
of  the  said  stocks  held  by  or  on  behalf  of  the  respondent 
are  held  subject  to  any  pledge,  mortgage  or  other  lien,  that 
fact,  and  a  designation  of  the  stocks  so  held,  must  be  shown 
in  a  footnote  appropriately  referred  to. 

73.  Show  hereunder  all  road  or  property  to  or  In 
which  the  respondent  had  on  June  30,  1910,  right  of  pos- 
session  or   occupancy  classifying  the   same   into: 

1.  Road  or  property  held  under  a  sole  title  in  perpetuity. 

2.  Road  or  property  held  under  a  terminable  sole  title, 


1142 


National  Association  of  Railway  Commissioners 


m 


reversion    In    a   controlled,    affiliated    or   controlling   cor- 
poration. 

(a)  Terminable  after  a  specified  term  of  years,  either 
absolutely  or  after  notice. 

(b)  Terminable  at  will  or  after  the  expiration  of  a 
fixed  period  not  in  excess  of  one  year  after  notice. 

3.  Road  or  property  held  under  a  terminable  title,  re- 
version in  an  independent  corporation. 

(a)  Terminable  after  a  specified  term  of  years,  either 
absolutely  or  after  notice. 

(b)  Terminable  at  will  or  after  the  expiration  of  a 
fixed  period  not  in  excess  of  one  year  after  notice. 

4.  Road  or  property  held  under  a  joint  (or  a  common) 
title  in  perpetuity. 

5.  Road  or  property  held  under  a  terminal)' 3  joint  (or  a 
common)  title  reversion  in  a  controlled,  atfiltated  or  con- 
trolling corporation,  sub-classified  according  to  (a)  and 
(b)  under  (2)  foregoing. 

6.  Road  or  property  held  under  a  terminable  joint  (or 
a  common)  title  reversion  in  an  independent  corporation, 
Bub-classifled  according  to  (a)  and  (b)  under  (3)  fore- 
going. 

7.  Road  or  property  occupied  or  occupiable  under  track- 
age right  or  other  form  of  license,  from 

(a)  A  controlled,  affiliated  or  controlling  corporation. 

(b)  An  independent  corporation,  and  showing  for  each 
portion  of  road  or  property  so  held  or  occupied,  the  class, 
the  name  of  the  road,  the  termini  connected  by  it,  the 
length  of  it  (in  miles  and  hundredths  of  a  mile),  the  length 
of  the  portion  lying  within  the  State  of  Oklahoma  (if  any, 
and  if  none  that  fact  shall  be  stated)  and  the  respective 
lengths  of  second  track,  and  all  other  tracks,  and  of  the 
portions  of  such  tracks  lying  within  the  State  of  Oklahoma 
(if  any,  and  if  none  that  fact  shall  be  stated).  Under 
the  head  of  all  other  tracks  shall  be  included  all  sidings, 
■purs,  and  yard  tracks  to  which  the  respondent  had  title 
of  any  kind  on  the  date  named.  Show  separately  each 
portion  of  road  having  separate  and  distinct  termini;  e.  g., 
if  a  road  extends  from  A  to  L  and  from  B,  a  point  on  the 
line  AL,  a  branch  extends  to  S,  the  portion  BS  is  to  be 
separately  shown  in  this  statement. 

73a.  Show  hereunder  the  particulars  below  called  for 
concerning  the  road  in  possession  of  the  respondent  June 
30,  1910.  Road  occupied  under  trackage  right  or  other  form 
of  license  should  not  be  included  herein,  but  all  road 
held  under  any  form  of  lease  should  be  included.  The 
bridges,  trestles  and  tunnels  below  called  for  should  be 
those  pertaining  to  the  road  called  for  on  the  preceding 
page.  The  overhead  highway  crossings  called  for  are  those 
by  means  of  which  foot-passengers  and  ordinary  highway 
vehicles  are  enabled  to  cross  the  tracks  of  the  respondent 
upon  structures  underneath  which  its  trains  may  pass. 
Overhead  railway  crossings  are  corresponding  structures 
by  means  of  which  the  tracks  of  other  carriers  are  carried 
at  corresponding  elevations  across  the  tracks  of  the  re- 
spondent. 

73b.  Show  in  the  spaces  below  provided  for  each  of 
the  various  classes  of  equipment  which  the  respondent 
had  in  service,  the  number  of  units  in  service  June  30,  1909, 
the  number  placed  in  service  during  the  year  following  that 
date,  the  number  withdrawn  from  service  during  that  year, 
the  minimum  number  In  service  during  that  year,  the 
number  in  service  June  30,  1910,  the  number  equipped  with 
train-brake  on  June  30,  1910,  the  type  of  train-brake  used, 
and  the  number  equipped  with  automatic  coupler  on  June 
30,  1910.  (Classified  according  to  Interstate  Commerce 
Commission's  rules.) 

74.  Show  In  the  spaces  below  provided  for  each  of  the 
various  classes  of  equipment  to  which  the  respondent  had 
title  on  June  30,  1910,  the  number  of  units  to  which  the 
respondent  had  complete  title,  the  number  of  units  which  it 
held  under  lease  from  some  other  railroad  company,  the 
name  of  such  lessor  company,  the  number  which  respondent 
held  under  some  form  of  equipment  trust,  the  name  of  the 
trustee,  and  the  number  which  the  respondent  held  under 
all  other  forms  of  title  with  an  analysis  of  the  last-named 
forms  of  title  and  the  names  of  all  participating  interests 
shown  in  a  footnote  appropriately  referred  to. 

75.  Show  in  the  spaces  provided  the  various  particu- 
lars called  for  concerning  the  electric  locomotives  which 
the  respondent  had  in  service  at  any  time  during  the  year 
ended  June  30,  1910. 

All  returns  should  be  stated  in  whole  numbers;  in  case 
of  fractions  less  than  one-half,  disregard  them. 

Dimensions  should  be  stated  in  inches.    Tractive  power 


should  be  expressed  in  hundred  pounds.  Weights  should  be 
expressed  in  tons  of  2,000  pounds  each.  "Weights  on 
Drivers"  should  be  for  the  locomotive  fully  equipped  for 
road  service.  (In  accordance  with  classification  of  Inter- 
state Commerce  Commission.) 

76.  Show  in  the  spaces  below  provided  the  particulars 
called  for  concerning  the  equipment  which  the  respondent 
had  in  its  revenue  service  on  June  30, 1910.  Where  the  capac- 
ity of  a  car  in  the  passenger  service  is  called  for,  it  means 
the  seating  capacity  (counting  in  the  case  of  sleeping-cars 
four  passengers  to  the  section  which  Includes  an  upper 
and  lower  berth);  in  the  freight  service,  it  means  the  num- 
ber of  tons  of  2,000  pounds  which  the  car  is  marked  cap- 
able of  safely  carrying;  in  the  case  of  tank  cars,  the  ca- 
pacity of  which  is  designated  In  barrels,  gallons  or  other 
units  of  volume,  the  marked  capacity  should  be  reduced  to 
capacity  in  weight  of  the  commodity  which  it  is  intended 
to  carry  customarily.  (Interstate  Commerce  Commission's 
classffication  to  be  used.) 

77.  Show  on  this  and  the  following  pages  the  various 
items  of  the  income  account  of  the  respondent  for  the  year 
ended  June  30,  1910.  (Interstate  Commerce  Commission's 
classification  shall  be  adopted.) 

78.  Show  below,  in  the  spaces  provided,  the  raiiwaj 
operating  revenues  of  the  respondent  (classified  in  ac- 
cordance with  the  accounting  order  of  the  corporation  com- 
mission relative  thereto,  effective  July  1,  1909)  for  the  year 
ended  June  30,  1909,  those  for  the  year  ended  June  30, 
1910,  and  the  Increase  of  the  latter  over  the  former  for  each 
of  the  several  classes;  decreases,  if  any,  should  be  in  a 
separate  column.  Where  the  revenues  for  the  year  en  led 
June  30,  1909,  have  not  been  classified  in  accordance  v  ith 
the  classification  above  designated,  that  fact  shall  be 
stated,  and  estimates  of  the  distribution  In  accordance 
with  such  classification  should  be  shown. 

79.  Show  below,  in  the  spaces  provided,  the  operating 
expenses  of  the  respondent  (classified  in  accordance  v  ith 
the  accounting  order  of  the  corporation  commission  rela- 
tive thereto,  effective  July  1,  1909)  for  the  year  ended  J  me 
30,  1909,  those  for  the  year  ended  June  30,  1910,  and  the 
increase  of  the  latter  over  the  former  for  each  of  the 
several  classes;  decreases,  if  any,  should  be  shown  i  i  a 
separate  column.  Where  the  operating  expenses  for  the 
year  ended  June  30,  1909,  have  not  been  classified  In  ac- 
cordance with  the  classification  above  designated,  that  act 
shall  be  stated,  and  estimates  of  the  distribution  in  ac- 
cordance with  such  classification  should  be  shown. 

80.  Show  in  the  spaces  below  provided  (in  accord,  nee 
with  the  accounting  order  of  the  Interstate  Comm^  rce 
Commission  for  each  of  the  railway  operating  revenue  ac- 
counts and  the  various  revenue  accoimts  for  outside  op  ora- 
tions carried  on  by  the  respondent,  (1)  the  total  rece  pts 
credited  to  the  account  for  the  year  ended  June  30,  1  )10, 
(2)  the  total  deductions  charged  to  the  account  for  fuch 
year  and  (3)  the  total  resultant  revenue  shown  by  th<  ac- 
count for  such  year. 

81.  Show,  in  the  spaces  below  provided,  for  each  of  the 
railway  operating  revenue  accounts  and  the  various  revi  nue 
accounts  for  outside  operations  carried  on  by  the  resp  )nd- 
ent,  the  analysis  of  the  total  deductions  charged  to  the 
account  as  called  for  on  the  preceding  page,  classlfing 
such  deductions  in  accordance  with  the  Interstate  (  om-; 
merce  Commission's  classification  relative  thereto,  thi  ac-; 
counts  of  revenues  being  those  named  on  correspon  ling] 
lines  of  the  preceding  page.  i 

82.  Show  below,  in  the  spaces  provfded,  the  reve  lues 
of  the  respondent  from  its  several  outside  operations  for! 
the  year  ended  June  30,  1910,  those  from  such  operatlonii 
for  the  year  ended  June  30,  1910,  and  the  increase  oi  de- 
crease in  those  of  the  latter  year  as  compared  with  those 
of  the  former  year.  The  names  of  the  classes  of  ou  side 
operations  should  be  stated  in  alphabetical  order.  The  'eve-; 
nues  here  required  are  to  be  stated  without  deduction  for! 
operating  expenses.  | 

83.  Show  below,  in  the  spaces  provided,  the  operntlngi 
expenses  of  the  respondent  in  its  several  outside  opera  Ions' 
for  the  year  ended  June  30,  1909,  those  in  such  opera  ions 
for  the  year  ended  June  30,  1910,  and  the  increase  in  i  hose 
of  the  latter  year  as  compared  with  those  of  the  former 
year.  The  names  of  the  classes  of  outside  operatlonsj 
should  be  stated  in  alphabetical  order.  The  operating  ex-' 
penses  here  required  shall  be  understood  to  include  noj 
taxes. 

84.  In  the  spaces  below  provided,  show  the  various 
particulars  called  for  with  respect  to  the  taxes  accrued) 


Public  Service  Laws 


1143 


and  charged  to  Income  account  of  the  respondent  for  the 
year  ended  June  30,  1910,  also  the  taxes  paid  during  the 
said  year.  Taxes  are  those  annual  or  other  payments  ex- 
acted by  governments  for  the  purposes  of  raising  funds  for 
public  uses.  They  do  not  include  payments  exacted  for  spe- 
cial berieilts  conferred  upon  the  payor.  Under  ad  valorem 
taxes  as  below  called  for  are  to  be  shown  all  taxes  com- 
puted on  the  basis  of  value,  no  matter  by  whom  or  in  what 
manner  the  appraisement  is  made  or  by  what  grade  ot 
government  the  tax  is  levied  or  collected.  Under  specific 
taxes  are  to  be  shown  all  taxes  computed  on  some  basis  or 
attributed  to  other  than  value,  as  upon  the  par  amount  of 
stocks  or  funded  debt  outstanding,  the  gross  earnings,  net 
earnings  or  dividends,  the  number  of  passengers  carried  or 
amount  of  freight  carried,  the  length  of  line  owned  or 
operated,  the  rolling  stock,  or  any  other  selected  quality  or 
fact  pertinent  to  railway  property.  The  properties  to  which 
the  statement  below  called  for  relates  shall  be  classified  as 
follows:  (a)  properties  completely  owned  by  the  re- 
spondent; (b)  properties  held  by  it  under  some  form  of 
lease  from  controlling,  affiliated,  or  controlled  corporations; 
(c)  properties  held  by  it  under  some  form  of  lease  from 
other  corporations  than  those  provided  for  in  (b).  Pay- 
ments and  charges  to  income  on  account  of  taxes  should  be 
reported  as  such  by  the  corporation  having  possession  of 
the  property  to  which  such  taxes  pertain.  Taxes  levied 
by  the  United  States  government  need  not  be  apportioned 
among  the  States  in  which  the  property  lies. 

85.  Show  hereunder  on  correspondingly-numbered  lines 
the  classification  of  the  total  taxes  accrued  as  above  given. 
In  accordance  with  the  Interstate  Commerce  Commission's 
classification. 

86.  Show  hereunder  the  various  particulars  indicated 
by  the  headings  concerning  the  properties  of  the  respondent 
in  roads  in  the  possession  of  others  where  any  rent  ac- 
crued to  the  respondent  during  some  portion  or  all  ot  the 
year  ended  June  30,  1910.    ' 

87.  Give  hereunder  brief  abstracts  of  the  terms  and 
conditions  of  leases  under  which  the  above-stated  rents 
are  derived,  showing  particularly  (1)  the  date  of  the  grant, 
(2)  the  chain  of  title  (and  dates  of  transfers)  connecting 
the  original  parties  with  the  present  parties,  (3)  the  basis 
upon  which  the  amount  of  the  annual  rent  is  determined, 
and  (4)  the  date  of  expiration  of  the  lease. 

88.  Show  hereunder  the  various  particulars  indicated 
by  the  headings  concerning  the  various  joint  facilities 
maintained  or  operated  by  the  respondent  at  any  time  dur, 
ing  the  year  ended  June  30,  1910,  for  the  joint  benefit  of 
itself  and  another  or  other  carriers.  In  case  any  joint 
facility  consists  of  track,  the  description  of  it  should  show 
Its  location  and  extent,  and  if  such  track  be  road  track, 
the  extent  of  road  should  be  given,  while  if  it  be  yard 
track,  the  name  of  the  yard  should  be  given.  Where  there 
are  two  or  more  beneficiaries  besides  the  respondent,  the 
particulars  for  each  should  be  shown  separately. 

89.  Give  hereunder,  upon  correspondingly-numbered 
lines,  the  distribution  of  the  various  above-stated  joint  fa- 
cilities total  credits  among  the  several  joint  facilities 
credit  accounts. 

90.  Give  hereunder  a  detail  of  the  properties  rents 
wherefrom  are  credited  to  income  under  the  head  miscel- 
laneous rents,  describing  separately  each  item  of  property 
the  gross  rent  wherefrom  is  not  less  than  |100  per  month, 
and  grouping  the  others  in  a  single  item,  "minor  rents  re- 
ceivable." Show  for  each  item  the  gross  rent  for  the  year 
ended  June  30,  1910  (or  for  such  portion  of  the  year  as 
the  revenue  covered),  the  expenses  and  the  amount  credited 
to  income. 

91.  Show  hereunder  the  several  separately  operated 
properties  of  the  companies  having  a  corporate  existence 
separate  and  distinct  from  that  of  the  respondent,  the 
profits  or  losses  resulting  from  the  operation  of  which  are 
receivable  or  payable  in  whole  or  in  part  by  the  respond- 
ent, the  total  amount  of  such  profits  or  losses  for  each  such 
separately  operated  property  accrued  during  the  year  ended 
June  30,  1910,  and  the  portions  thereof  accrued  to  the  re- 
spondent. No  dividends  or  other  returns  upon  securities 
held  should  be  shown  hereunder  nor  should  any  interest 
upon  construction  advances  or  other  loans  be  included. 

92.  Give  hereunder  abstracts  of  the  contracts,  agree- 
ments or  arrangements  whereby  the  respondent  is  entitled 
or  bound  to  participate  in  the  results  of  operation  of  the 
above-shown  separately  operated  properties. 

93.  Income  derived  by  the  respondent  from  stocks  held 


by  it  as  investments  on  June  30,  1910,  is  to  be  shown  in  the 

appropriate  columns  on  pages ante.    Show  hereunder 

the  designation  and  amounts  of  stocks  owned  or  controlled 
by  the  respondent  for  some  portion  of  the  year  ended  June 
30,  1910,  but  disposed  of  prior  to  that  date,  also  of  all 
stocks  owned  or  controlled  by  the  respondent  on  that  date 
and  for  some  reason  not  shown  on  the  said  pages  (giving 
In  a  footnote  the  reason  for  their  omission  therefrom) ; 
and  show  for  each  stock  the  income  accrued  to  the  respond- 
ent during  the  said  year  on  account  of  dividenus  declared 
thereon. 

94.  Income  derived  by  the  respondent  from  bonds  held 
by  it  as  investments  on  June  30,  ±910,  is  to  be  shown  in 
the  appropriate  columns,  on  page  —  ante.  Show  here- 
under the  designation  and  amounts  of  bonds  owned  or 
controlled  by  the  respondent  for  some  portion  of  the  year 
ended  June  30,  1910,  but  disposed  of  prior  to  that  date, 
also  of  all  bonds  owned  or  controlled  by  the  respondent  on 
that  date,  and  for  some  reason  not  shown  on  the  said  pages 
(giving  in  a  footnote  the  reason  for  their  omission  there- 
from) ;  and  show  for  each  denomination  of  such  bonds  the 
Income  accrued  to  the  respondent  during  the  said  year  on 
account  of  interest  accrued  thereon. 

95.  Show  hereunder  the  income  accrued  to  the  respond- 
ent during  the  year  ended  June  30,  1910,  from  interest  on 
securities  not  includible  in  any  foregoing  statement,  giving 
a  description  of  each  security,  showing  the  par  amount 
held,  the  period  during  which  held,  and  the  income  de- 
rived therefrom,  also  similar  information  concerning  ad- 
vances to  subsidiary  companies,  showing  separately  for 
each  such  company,  also  for  the  item  of  bank  balances  as 
a  whole,  and  for  all  other  loans  and  accounts  wherefrom 
any  Interest  was  derived  during  the  said  year  showing 
separately  each  such  loan  or  account  wherefrom  the  in- 
terest during  the  said  year  or  a  part  thereof  amounted  to 
|100  or  more,  and  grouping  all  the  others  in  a  single  Item, 
"minor  loans  and  accounts." 

96.  Show  hereunder  all  items  of  income  (classified  In 
accordance  with  the  nature  therof)  which  accrued  to  the 
respondent  during  the  year  ended  June  30,  1910,  and  are 
not  provided  for  in  any  preceding  statement.  It  is  not 
intended  that  under  this  head  shall  be  shown  the  results 
of  any  outside  operations,  such  being  provided  for  on  page 

ante.    Nor  shall  any  regularly  recurring  matters  sucli 

as  Interest  be  shown  herein,  being  provided  for  in  forego- 
ing accounts.  This  account  is  intended  for  occasional  mat- 
ters only,  such  as  the  sale  of  materials  and  supplies,  and 
should  in  the  case  of  such  sales  include  as  Income  only 
the  profit  on  the  sale,  the  cost  of  the  material  and  the  ex- 
pense involved  in  handling  being  credited  to  the  appropri- 
ate materials  and  expense  accounts. 

97.  Show  hereunder  the  various  particulars  indicated 
by  the  headings  concerning  roads  held  by  the  respondent 
under  some  form  of  lease  during  some  portion  or  all  of 
the  year  ended  June  30,  1910,  the  total  amount  of  rent  ac- 
crued against  the  respondent  because  of  such  holding  and 
the  distribution  of  such  total  rent  among  the  three  heads, 
interest  on  bonds  guaranteed,  dividends  on  stocks  guaran- 
teed, and  cash.  Taxes  paid  or  payable  by  respondent  of 
such  roads  should  not  be  shown  under  this  head,  but  under 
the  head  of  taxes. 

Description  of  road — name,  length,  name  of  reversioner, 
total  rent  accrued  during  year. 

98.  Give  hereunder  a  detail  of  the  properties  rents 
whereupon  were  charged  to  income  by  the  respondent  dur- 
ing the  year  ended  June  30,  1910,  under  the  head  miscel- 
laneous rents,  describing  separately  each  item  of  property 
the  gross  rent  whereupon  Is  not  less  than  flOO  per  month 
and  grouping  the  others  in  a  single  item  "miscellaneous 
rents  payable."  Show  for  each  Item  the  rate  of  rent,  the 
period  of  occupancy,  and  the  total  charge  therefor  to 
income. 

99.  Show  hereunder  the  names  and  purposes  of  the 
several  sinking  funds  which  the  respondent  is  required  to 
accumulate  through  charges  to  income,  and  the  respective 
amounts  charged  to  income  by  the  respondent  during  the 
year  ended  June  30,  1910. 

100.  Show  hereunder  the  several  charges  against  gross 
corporate  income  which  were  made  by  the  respondent  dur- 
ing or  in  respect  of  the  year  ended  June  30,  1910,  and  which 
are  not  classified  under  any  of  the  foregoing  accounts.  This 
account  includes  only  matters  in  the  nature  of  contractual 
or  otherwise  compulsory  deductions,  and  should  not  include 
any  appropriations  or  dispositions  of  net  income  that  rest 


1144 


National  Association  of  Railway  Commissioners 


solely  in  the  discretion  of  the  respondent.  Items  amount- 
ing to  $100  or  more  should  be  separately  shown.  Those  less 
than  ?100  each  may  be  grouped  as  "minor  deductions." 

101.  Show  hereunder  the  various  appropriations  to  re- 
serves made  by  the  respondent  and  charged  to  its  net  cor- 
porate income  for  the  year  ended  June  30,  1910.  Give  in 
each  case  the  name  and  purpose  of  the  reserve  as  well  as 
the  amount  of  the  appropriation. 

102.  Show  hereunder  the  various  appropriations  made 
by  the  respondent  and  charged  to  its  corporate  income  for 
the  year  ended  June  30,  1910,  and  which  are  not  includible 
under  any  other  appropriation  account  chargeable  to  net  cor- 
porate income.  Give  in  each  case  the  purpose  of  the  ap- 
propriation as  well  as  its  amount. 

103.  Hereunder  state  the  following  matters  for  the 
fiscal  year  ended  June  30,  1910: 

1.  AH  extensions  of  road  put  in  operation,  giving 
termini,  length  of  road  and  dates  of  beginning  operation. 

•I.  Decrease  of  mileage  by  straightening  or  abandoning 
line,  giving  particulars  as  above. 

3.  All  other  important  physical  changes. 

4.  All  leaseholds  acquired  or  surrendered,  giving  dates, 
lengths  of  terms,  names  of  parties,  rents  and  other  condi 
tions. 

5.  All  consolidations  and  reorganizations  effected,  giv- 
ing particulars. 

6.  All  stocks  issued,  giving  names  of  stocks,  and 
amounts  Issued,  and  describing  the  consideration  realized 
giving  amounts  and  values. 

7.  All  funded  debt  issued,  giving  names  of  securities, 
and  amounts-  issued,  and  describing  the  consideration  re- 
alized, giving  amounts  and  values. 

8.  All  other  important  financial  changes. 

Make  the  statements  explicit  and  precise,  and  number 
them  in  accordance  with  the  inquiries. 

104.  Hereunder  give  a  concise  statement  of  all  con- 
tracts, agreements,  arrangements,  etc.,  with  other  com- 
panies or  persons,  which  were  in  force  at  any  time  during 
the  year  ended  June  30,  1910,  and  concerned  in  any  way 
the  transportation  of  persons  or  things,  stating  them  In 
the  following  order:  1,  express  companies;  2,  mail;  3, 
Bleeping,  parlor,  and  dining-car  companies;  4,  freight  or 
transportation  companies  or  lines;  5,  other  railway  com- 
panies; 6,  steamboat  or  steamship  companies;  7,  telegraph 
companies;   8,  telephone  companies;  9,  other  contracts. 

105.  Show  below  in  the  spaces  provided  the  expendi- 
tures during  the  year  ended  June  30,  1910,  made  severally 
upon  the  eight  largest  and  most  Important  projects  for 
extensions,  additions  and  betterments  to  the  property  of 
the  respondent  lying  wholly  or  partly  or  used  or  to  be 
used  wholly  or  partly  within  the  State  of  Oklahoma,  and 
the  classifications  of  such  expenditures  made  in  accord- 
ance with  the  accounting  order  of  the  corporation  commis- 
sion effective  July  1,  1909;  give  also  for  each  project  a 
brief  description  thereof,  showing  the  location,  the  charac 
ter,  the  date  of  commencement,  the  date  of  completion,  and 
the  total  cost  (or  in  case  the  project  is  incomplete  the 
expected  date  of  completion  and  the  estimated  total  cost)  of 
the  project. 

106.  Show  in  the  spaces  provided  the  various  particu- 
lars called  for  concerning  the  classes  of  equipment  retired 
from  service  by  the  respondent  during  the  year  ended 
June  30,  1910.  (Interstate  Commerce  Commission's  clas- 
sification shall  be  adopted.) 

107.  Show  in  the  spaces  below  provided  the  various 
particulars  called  for  concerning  the  classes  of  equipment 
Installed    In    service   by   the   respondent   during   the   year 

ended  June  30,  • ,  In  replacement  of  equipment  retired 

from  service  during  that  or  some  prior  year.  (Interstate 
Commerce  Commission's  classification  of  equipment.) 

108.  Show  hereunder  the  amounts  and  cost  of  new  rails 
of  various  weights,  kinds  and  prices  laid  in  replacement 
during  the  year  ended  June  30,  1910,  showing  this  for  the 
portion  of  road  maintained  by  the  respondent  within 
the  State  of  Oklahoma,  and  for  the  entire  system  main- 
tained by  the  respondent. 

109.  Show  hereunder  the  number,  cost,  and  average 
price  at  point  of  distribution  of  new  ties  laid  in  replace- 
ment during  the  year  ended  June  30,  1910,  showing  this 
for  the  portion  of  road  maintained  by  the  respondent 
within  the  State  of  Oklahoma,  and  for  the  entire  system 
maintained  by  the  respondent. 

110.  Show  hereunder  the  amounts  of  various  kinds  of 
fuel  consumed  by  locomotives  in  the  service  of  the  respond- 
ent during  the  year  ended  June  30,  1910,  and  the  average 


cost  thereof  per  ton  at  the  several  principal  distributing 
points.  In  stating  the  number  of  tons,  use  the  ton  of  2,000 
pounds,  and  in  reducing  cords  of  wood  to  equivalent  tons, 
treat  one  cord  of  hard  wood  as  equivalent  to  two-thirds  of 
a  ton  of  fuel,  and  one  cord  of  soft  wood  as  equivalent  to 
one-half  .ton  of  fuel. 

111.  Show  hereunder  the  various  amounts  accrued 
against  the  respondent  during  the  year  ended  June  30,  1910, 
for  the  use  of  cars  of  individuals,  firms,  stock  companies, 
corporations,  fast  freight  lines,  etc.,  excluding  cars  inter- 
changed with  other  railway  companies,  and  cars  held  by 
the  respondent  under  some  form  of  lease.  Show  also  the 
rates  upon  the  basis  of  which  such  amounts  are  deter- 
mined, the  description  of  the  car  or  class  of  cars  and  the 
name  of  the  owner  thereof.  If  the  rate  of  compensation 
varied  during  the  year  for  the  cars  of  any  owner,  show 
separately  each  particular  rate  and  the  description  of  the 
car  or  class  of  cars  to  which  it  applied  together  with  the 
amount  thus  accrued. 

112.  Show  hereunder  the  various  statistical  totals  and 
averages  concerning  the  traffic  and  transportation  oiera- 
tions  of  the  respondent  between  points  within  the  State  of 
Oklahoma  during  the  year  ended  June  SO,  1910.  (Iiiter- 
Btate  Commerce  Commission's  rules  and  classifications  con- 
•jerning  traffic  and  mileage -statistics  shall  be  adopted.) 

113.  Show  hereunder  the  particulars  below  called  for 
concerning  the  commodities  (company's  material  excluted) 
carried  by  the  respondent  during  the  year  ended  June  30, 
1910,  stating  for  each  commodity  or  class  of  commod  ties 
named  the  number  of  tons  originating  upon  the  resp  )nd- 
ent's  lines  at  stations  within  the  State  of  Olahoma,  th'j 
number  received  from  connecting  carriers,  whether  rail  or 
water,  and  whether  directly  or  indirectly  (as  through  ele- 
vators), the  total  number  and  the  ratio  (expressed  is  a 
per  cent)  which  the  total  for  each  commodity  bears  to  the 
grand  total.  (Interstate  Commerce  Commission's  clai  sifi- 
cation  of  freight  traffic  movement  shall  be  adopted,  ])iiH 
far  as  any  interstate  traffic  is  concerned.)  1  j^ 

114.  Show  hereunder  for  each  of  the  commod  ties 
named  (carload  lots)  the  number  of  tons  (of  2,000  poi  nda 
each)  carried  by  the  respondent  during  the  year  ended  J  une 
30,  1910,  between  points  in  the  State  of  Oklahoma,  the 
equivalent  ton-miles  of  haul  thereof,  the  average  haul,  the 
amount  of  revenue  derived  therefrom,  and  the  ave  age 
revenue  per  ton-mile:  Brick,  lime  cement,  lun:  oer, 
grain,  flour,  hay,  coal,  stone,  sand  and  gravel,  live  st  >ck, 
dressed  meats. 

Every  inquiry  must  be  definitely  answered.  "Where  the 
word  "none"  truly  and  completely  states  the  fact  it  ma  •  be 
given  as  the  answer  to  any  particular  inquiry  or  any  par- 
ticular portion  of  any  inquiry.  If  any  inquiry,  based  i  pon 
|^  preceding  inquiry,  is,  because  of  the  answer  rendere  1  to 
such  preceding  inquiry  inapplicable  to  the  compan;  in 
whose  behalf  the  report  is  made,  the  words  "not  applies  ble" 
should  be  used  in  answer  thereto.  The  word  "respond  mt" 
in  the  foregoing  means  the  company  in  whose  behalf  the 
report  is  made. 

Rule  No.  16.  Tfte  viorC,  "company"  defined.  As  use!  In 
this  order,  the  word  "company"  shall  include  any  ti  ans- 
portation  company,  "transmission  company"  or  any  cthei 
"public  service  corporation"  as  defined  in  each  instanc  e  Id 
§  43,  article  9,  constitution  of  Oklahoma,  or  any  company, 
corporation,  trustee,  receiver,  or  other  person  owning,  leaS' 
Ing  or  operating  the  business  of  any  or  either  of  san  e. 

Rule  No.  17.  The  commission  reserves  the  right  tn  ex- 
empt any  company  from  any  of  the  provisions  of  any  ol 
the  rules  herein  named,  upon  satisfactory  showing,  that 
the  compliance  therewith  would  work  an  unreasoi  abU 
hardship  or  expense  upon  said  company. 

This  order  shall  be  in  full  force  and  effect  on  and  iftei 
July  1,  1910,  a  date  after  publication  once  a  week  for  four 
consecutive  weeks  in  the  Guthrie  Daily  Leader,  a  newsi  apei 
of  general  circulation,  published  in  the  city  of  Guthrie 
County  of  Logan,  State  of  Oklahoma. 

Guthrie,  Okla.,  June  4,  1909. 

ORDEB     REFIIfilXO     TO     APPROVE     APPE.M.     BOND     OB     TO     GBA  <T     * 
SrPERSEDE.\S. 

The  defendants  in  this  case  made  application  for  cer 
tlfied  copy  of  the  record  for  the  purpose  of  filing  in  th« 
Supreme  Court.  This  request  was  granted  by  the  com 
mission.  They  now  ask  the  commission  to  approve  an 
appeal  bond  in  this  case  &s  in  other  cases  in  which  th« 


Public  Service  Laws 


1145 


defeudants  are  allowed  an  appeal  to  the  Supreme  Court. 
They  also  make  application  for  a  writ  of  supersedeas. 

Section  20,  article  9,  of  the  constitution  of  the  State 
of  Oklahoma  provides  in  part  as  follows: 

"From  any  action  of  the  commission  prescribing  rates, 
charges,  or  classification  of  traffic,  or  affecting  the  train 
schedule  of  any  transportation  company,  or  requiring  ad- 
ditional facilities,  conveniences,  or  public  service  of  any 
transportation  or  transmission  company,  or  refusing  to  ap- 
prove a  suspending  bond,  or  requiring  additional  security 
thereon,  or  an  increase  thereof,  as  hereinafter  provided, 
an  appeal  may  be  taken  by  the  corporation  ...  to  the 
Supreme  Court." 

The  constitution  does  not  confer  upon  the  Supreme 
Court  the  jurisdiction  to  review,  upon  an  appeal,  an  order 
of  this  kind.  The  commission  is  of  the  opinion  that  the 
filing  of  the  transcript  and  record  of  this  case  in  the 
Supreme  Court  does  not  confer  jurisdiction  upon  that  court 
to  hear  and  determine  the  reasonableness  or  unreasonable- 
ness of  this  order  in  this  way.  Section  18,  article  9, 
provides  in  part: 

"The  commission  shall  also  have  the  right  at  all  times  to 
Inspect  the  books  and  papers  of  all  transportation  and 
transmission  companies  doing  business  in  this  State,  and  to 
require  from  such  companies  from  time  to  time  special 
reports  and  statements,  under  oath,  concerning  their  busi- 
ness," etc. 

It  is,  therefore,  in  the  discretion  of  the  commission  what 
special  reports  it  may  require,  and  it  may  require  these 
reports  by  an  order,  after  giving  the  defendant  due  notice 
of  the  time  and  place  of  hearing  and  if  the  order  made  in 
pursuance  of  such  hearing  is  unreasonable,  it  cannot  be 
appealed  to  the  Supreme  Court,  and  if  it  can  be  heard  by 
the  Supreme  Court  at  all,  it  must  be  by  different  proceed- 
ings. 

In  consequence  of  this  view  taken  by  the  commission, 
and  for  the  following  reasons,  which  the  commission  feels 
show  and  illustrate  the  imperative  necessity  of  this  order, 
a  bond  cannot  be  approved  or  supersedeas  issued: 

First:  This  order  should  not  be  superseded  or  sua 
pended  pending  appeal  even  though  the  defendants  had 
a  right  to  appeal  the  same,  inasmuch  as  the  facts  and  cir- 
cumstances clearly  indicate  that  the  appeal  is  taken  for 
delay.  The  officials  who  gave  the  evidence  in  behalf  of 
the  railroad  companies  practically  withdrew  their  objec- 
tions and  the  order  was  amended  in  many  instances  to 
meet  the  objections  of  inconvenience  in  furnishing  the  in- 

,  formation. 

Second:  This  order  is  very  complete  In  that  it  re- 
quires absolute  and  complete  information  which  is  neces- 
sary to  properly  transact  the  business  of  the  commission 
and  guard  the  interests  of  the  people  of  the  State.  With- 
out this  information  in  the  office  of  the  commission,  should 
any  of  the  rates  or  regulations  be  attacked  by  the  railroad 
companies,  the  State  of  Oklahoma  would  be  at  the  mercy 
of  the  railroads  in  a  hearing  in  a  federal  court  or  other- 
wise;  but,  with  the  information  asked  for  by  the  commis- 

!  sion,  it  would  be  in  a  position  to  act  upon  the  best  of  in- 
formation and  thereby  protect  the  interests  of  the  people 

]  of  the  State  of  Oklahoma,  and  not  unjustly  or  unfairly 

I  Impose  unreasonable  burdens  upon  the  railroad  company. 

I        Third:      The  information  required  under  this  order   is 

'  very  necessary  inasmuch  as  it  developed  during  the  numer- 
ous rate  hearings  before  the  commission  and  was  repeatedly 
submitted  by  the  railroad  companies  that  the  cost  of  service 
was  a  general  criterion  for  rates;  that  rates  should  be  based 
upon  the  cost  of  service,  and  in  no  case  should  rates  be 
made  less  than  the  cost  of  service.  However,  the  experts 
who  gavt  testimony  in  behalf  of  the  railroads  were  unable 
to  say  what  the  cost  of  service  was.  It  now  becomes  ncces 
sary  for  the  commission  to  find,  on  Its  own  initiative, 
what  the  cost  of  service  really  is,  and  this  order  is  an 
Instrumentality  through  which  the  commission  may  find  the 
cost  of  service  in  order  to  protect  the  interests  of  both 
the  shipping  public  and  the  railroads.  That  the  position 
of  the  State  and  the  commission  in  determining  the  rights 
of  the  State  may  be  more  fully  appreciated  and  the  enor- 

'  niity  of  the  problem  to  be  solved,  in  the  case  of  Smith  v. 
Ames,  169  U.  S.,  the  Supreme  Court  of  the  United  States 
said:  that  you  must  look  only  to  the  property  that  is  de- 
voted to  local  business;  you  must  look  only  to  the  amount 
of  local  business,  the  expense  of  conducting  the  local  busi- 
ness; you  must  shut  out  of  view  entirely  the  road  as  a 
j  whole;  shut  out  of  view  the  property  of  the  road  as  a 
whole;  the  value  of  its  stocks  and  bonds  as  a  whole;  you 


must  in  some  way  separate  these  matters  so  that  you  can 
determine  it  upon  what  Is  strictly  local. 

The  above  case  is  what  is  known  as  the  Nebraska 
maximum  freight  rate  case.  In  view  of  the  rule  announce'l 
by  the  Supreme  Court  above  mentioned,  the  commission  1» 
In  duty  bound  to  know  all  matters  in  so  far  as  they  pertain 
to  the  State  of  Oklahoma  to  enable  it  to  have  facts  and 
figures  to  judge  intelligently  as  to  what  rules,  rates  and 
regulations  are  necessary  to  give  just  compensation  on 
local  business  within  the  State. 

Fourth:  The  order  sought  to  be  appealed  from  la 
reasonable  and  just  as  applied  to  the  railroad  companies 
or  either  of  them.  It  will  afford  them  an  opportunity  to 
submit  essential  and  indispensable  facts  and  figures  in  re- 
lation to  their  business  between  points  in  the  State  of  Okla- 
homa. The  reasonableness  of  this  order  is  further  sug- 
gested in  that  the  street  railways,  express  companies,  gaa 
and  electric  companies,  and  all  other  public  service  com- 
panies, with  the  exception  of  the  steam  railroads,  have 
agreed  to  or  have  complied  with  the  rules,  regulations  and 
requirements  of  this  order. 

Fifth:  The  commission  has  established  rates  and  regu- 
lations to  apply  upon  the  following  commodities  in  carload 
lots,  to-wit:  Grain  and  all  grain  products,  cotton  seed 
and  its  products,  brick,  stone,  sand,  cement,  lime,  etc., 
lumber  and  forest  products,  fruits  and  vegetables,  pe- 
troleum and  its  products,  and  coal.  After  extensive  hear- 
ings, the  commission  found  that 'the  rates  in  force  prior  to 
the  establishment  of  the  rates  by  the  commission  were  un- 
reasonable and  it  now  becomes  absolutely  necessary  that 
the  railroad  companies  furnish  to  the  commission  figures 
showing  the  tonnage  and  revenue  per  ton  per  mile,  operat- 
ing expenses,  etc.,  on  each  class  of  carload  traffic  morving 
between  points  in  the  State  of  Oklahoma,  that  the  commis- 
sion may  intelligently  safeguard  the  interests  of  all  con- 
cerned and  be  in  a  position  to  determine  whether  or  not 
the  rates  prescribed  by  it  in  the  past  and  which  may  be 
established  by  it  in  the  future  are  reasonable,  remunerative 
and  just.  This  cannot  be  done  without  the  immediate  en- 
forcement of  the  order  sought  to  be  appealed  from  in  this 
case. 

Sixth:  It  is  clearly  within  the  jurisdiction  of  the  com- 
mission to  require  reports  from  parties  operating  public 
service  utilities  within  the  State  of  Oklahoma,  and  the  ac- 
counting plans  prescribed  in  said  order  are  strictly  in  ac- 
cord with  the  accounting  plans  prescribed  by  the  Interstate 
Commerce  Commission  and  all  accounts,  reports  and 
memoranda  will  be  kept  by  the  railroads  with  such  addi- 
tions as  are  especially  required  by  the  constitution  of  Okla- 
homa, and  such  as  are  particularly  applicable  to  Oklahoma. 
That  in  case  of  doubt  concerning  the  correct  application  of 
any  rule  named,  the  rules,  text  and  interpretation  pre- 
scribed by  the  Interstate  Commerce  Commission  shall 
govern. 

Seventh:  All  orders  relating  to  accounts  and  statistic* 
prescribed  by  the  Interstate  Commerce  Commission  In- 
variably include  the  following  rule: 

"That  any  carrier  or  any  receiver  or  any  operating, 
trustee  of  any  carrier  may  subdivide  any  primary  account 
established  as  may  be  required  for  the  purpose  of  any  such 
carrier  or  any  receiver  or  any  operating  trustee  of  any  such 
carrier,  or  may  make  assignment  of  the  amount  charged  or 
credited,  and  any  primary  account,  to  operating  divisions,, 
to  its  individual  lines,  or  to  States." 

Hence;  the  requirement  in  this  order  of  the  subdivision 
of  primary  accounts  as  may  be  required  for  the  particular 
Information  of  the  State  of  Oklahoma  is  not  unreasonable. 

Eighth:  That  during  the  hearing  preceding  the  pro- 
mulgation of  this  order  by  the  commission,  all  railroad 
companies  and  all  other  parties  interested  were  afforded 
ample  opportunity  to  submit  objections  to  the  proposed 
accounting  plans.  All  accounting  officials  who  gave  testi- 
mony at  the  hearing  on  behalf  of  the  railroad  companies 
withdrew  their  objections  to  most  all  requirements  of  said 
proposed  order,  and  in  a  number  of  instances  the  specific 
objections  indicated  and  suggested  by  railroad  accountants 
have  since  been  modified  in  the  final  order.  The  hearings 
were  continued  from  time  to  time  that  the  railroad  account- 
ants might  thoroughly  analyze  the  proposed  bookkeeping 
plans,  and  that  their  objections,  if  any,  might  be  clearly^ 
and  intelligently  presented. 

This  order  cannot  be  superseded,  in  the  judgment  of 
the  commission,  without  great  danger  to  the  best  interests 
of  the  railroads  and  the  shippers  and  the  consumers  in  the 


1146 


National  Association  of  Eailway  Commissioners 


state  of  Oklahoma,  in  that  all  annual  reports  from  rail- 
roads, as  well  as  all  other  transportation  and  transmission 
companies,  are  made  for  the  fiscal  year  ended  June  30;  said 
fiscal  year  was  made  mandatory  by  the  Interstate  Com- 
merce Commission,  and  if  our  order  should  be  superseded  it 
will  delay  the  effectiveness  of  this  accounting  order  until 
July  1  of  some  subsequent  year,  and  will,  therefore,  delay 
the  making  of  an  intelligent  and  comprehensive  annual 
report  relating  to  business  within  the  State  of  Oklahoma. 
Without  the  reports  required  by  this  order,  the  commission 
will  have  no  complete  knowledge  and  the  State  of  Okla- 
homa will  be  at  the  mercy  of  the  railroads  at  any  hearing 
as  hereinbefore  suggested. 


Therefore,  the  bond  and  supersedeas  in  this  case  is- 
hereby  denied. 

To  which  order  the  railroad  companies  except. 

Guthrie,  Okla.,  June  29,  1909. 

On  June  30,  1909,  the  Supreme  Court  of  Oklahoma  denied 
the  application  of  the  railroads  for  a  supersedeas.  On 
July  3,  1909,  the  Western  Union  Telegraph  Company  filed 
its  request  for  a  certification  of  the  record,  which  was- 
denied  for  the  reason  that  the  case  was  not  appealable. 
On  July  16,  1909,  the  Pacific  Express  Company  filed  its 
application  for  suspension  of  the  order,  which  was  denied 
for  the  reason  that  the  applicant  had  agreed  to  the  pro- 
visions of  the  order. 


PUBLIC   SERVICE  LAWS  OF  OREGON 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE   I. 

BILL  OF  BIQHTS. 

Private  property  taken  for  puhlic  uses.  §  18.  Private 
pr<»perty  shall  not  be  taken  for  public  use,  nor  the  par- 
ticular services  of  any  man  be  demanded,  without  just 
compensation;  nor  except  in  the  case  of  the  State,  with- 
out such  compensation  first  assessed  and  tendered. 

Public  use.  Private  property  cannot  be  taken  for  a  pub- 
lic use  without  compensation.  It  is  not  for  the  courts 
to  say  in  what  particular  instance  or  for  what  particular 
purpose  the  power  of  eminent  domain  may  be  exercised, 
as  such  power  belongs  exclusively  to  the  legislature,  and 
Its  only  limitation  is  that  the  use  must  be  public,  and 
just   compensation   must  be  made. 

Exclusive  privileyes.  §  20.  No  law  shall  be  passed 
granting  to  any  citizen,  or  class  of  citizens,  privileges 
or  Immunities  which,  upon  the  same  terms,  shall  not 
equally  belong  to  all  citizens. 

Laws  of  certain  nature  not  to  he  passed.  §  21.  No  ex- 
post  facto  law,  or  law  impairing  the  obligations  of  con- 
tracts, shall  ever  be  passed,  nor  shall  any  law  be  passed 
the  taking  effect  of  which  shall  be  made  to  depend  upon 
any  authority,  except  as  provided  in  this  constitution; 
provided,  that  laws  locating  the  capital  of  the  State, 
locating  county  seats  and  submitting  town  and  corporate 
acts,  and  other  local  and  special  laws,  may  take  effect  or 
not,  upon  a  vote  of  the  electors  interested. 

ARTICLE  IV. 

LEGISLATIVE  DEPAKTMEXT. 

Legislative  authority — Style  of  hill — Initiative  and  ref- 
erendum. §  1.  The  legislative  authority  of  the  State  shall 
be  vested  in  a  legislative  assembly,  consisting  of  a  sen- 
ate and  house  of  representatives,  but  the  people  reserve 
to  themseles  power  to  propose  laws  and  amendments  to 
the  constitution  and  to  enact  or  reject  the  same  at  the 
polls,  independent  of  the  legislative  assembly,  and  also 
reserve  power  at  their  own  option  to  approve  or  reject 
at  the  polls  any  Act  of  the  legislative  assembly.  The 
first  power  reserved  by  the  people  is  tlie  initiative,  and 
not  more  than  8  per  cent  of  the  legal  voters  shall  be 
required  to  propose  any  measure  by  such  petition,  and 
every  such  petition  shall  include  the  full  text  of  the 
measure  so  proposed.  Initiative  petitions  shall  be  filed 
with  the  secretary  of  State  not  less  than  four  months 
before  the  election  at  which  they  are  to  be  voted  upon. 
The  second  power  is  the  referendum,  and  it  may  be 
ordered  (except  as  to  laws  necessary  for  the  immedi- 
ate preservation  of  the  public  peace,  health  or  safety) 
either  by  the  petition  signed  by  5  per  cent  of  the  legal 
voters,  or  by  the  legislative  assembly,  as  other  bills 
are  enacted.  Referendum  petitions  shall  be  filed  with 
the  secretary  of  State  not  more  than  90  days  after  the 
final  adjournment  of  the  session  of  the  legislative  as- 
sembly which  passed  the  bill  on  which  the  referendum  is 
demanded.  The  veto  power  of  the  governor  shall  not 
extend  to  measures  referred  to  the  people.  All  elections 
on  measures  referred  to  the  people  of  the  State  shall 
be  had  the  biennial  regular  general  elections,  except  when 
the  legislative  assembly  shall  order  a  special  election. 
Any  measure  referred  to  the  people  shall  take  effect  and 


the  re-a 


become  the  law  when  it  is  approved  by  a  majority 
the  votes  cast  thereon,  and  not  otherwise.  The  style  of 
all  bills  shall  be:  "Be  it  enacted  by  the  people  of  the 
State  of  Oregon."  This  section  shall  not  be  construed 
to  deprive  any  member  of  the  legislative  assembly  of 
the  right  to  introduce  any  measure.  The  whole  number 
of  votes  cast  for  justice  of  the  Supreme  Court  at  the 
regular  election  last  preceding  the  filing  of  any  petition 
for  the  initiative  or  for  the  referendum  shall  be  the 
basis  on  which  the  number  of  legal  voters  necessary  to 
sign  such  petition  shall  be  counted.  Petitions  and  ordrra 
for  the  initiative  and  for  the  referendum  shall  be  fl^ed 
with  the  secretary  of  State,  and  in  submitting  the  sane 
to  the  people  he,  and  all  other  oflicers,  shall  be  guiced 
by  the  general  laws  and  the  Act  submitting  this  amend- 
ment, until  legislation  shall  be  especially  provided  ther«-j 
for. 

Initiative  and  referendum  on  local,  special  and  munic 
laws,  and  parts  of  laws.  S  la.  The  referendum  may  be^ 
demanded  by  the  people  against  one  or  more  items,  sec- 
tions or  parts  of  any  Act  of  the  legislative  assembly  in 
the  same  manner  in  which  such  power  may  be  exercised 
against  a  complete  Act-  The  filing  of  a  referendum 
petition  against  one  or  more  items,  sections  or  parts  of 
an  Act  shall  not  delay  the  remainder  of  that  Act  fr  im 
becoming  operative.  The  initiative  and  referend  im 
powers  reserved  to  the  people  by  this  constitution  ;  re- 
hereby  further  reserved  to  the  legal  voters  of  every  i  u- 
nicipality  and  district,  as  to  all  local,  special  and  i  lu- 
nicipal  legislation,  of  every  character,  in  or  for  th  !ir 
respective  municipalities  and  districts.  The  manner  of 
exercising  said  powers  sliall  be  prescribed  by  gene  al 
laws,  except  that  cities  and  towns  may  provide  for  he- 
manner  of  exercising  the  initiative  and  referendum  pow- 
ers as  to  their  municipal  legislation.  Not  more  than  10 
per  cent  of  the  legal  voters  may  be  required  to  or  ler 
the  referendum  nor  more  than  15  per  cent  to  propose  <  ny 
measure,  by  the  initiative,  in  any  city  or  town. 


ARTICLE  IX. 


FINANCE. 


Formation  of  corporations — Municipal  charters,  how  en- 
acted. §  2.  Corporations  may  be  formed  under  gent  ral 
laws,  but  shall  not  be  created  by  the  legislative  as- 
sembly by  special  laws.  The  legislative  assembly  si, all 
not  enact,  amend  or  repeal  any  charter  or  Act  of 
incorporation    for  any   municipality,   city  or  town. 

Liahility  of  stockholders.  §  3.  The  stockholders  of  all 
corporations  and  joint  stock  companies  shall  be  lis  ble 
for  the  indebtedness  of  said  corporation  to  the  amount 
of  their  stock  subscribed  and  unpaid,  and  no  more. 

Compensation  for  property  taken  by  corporation.  §  4. 
No  person's  property  shall  be  taken  by  any  corporation,  un- 
der authority  of  law,  without  compensation  being  llrst 
made  or  secured  in  such  manner  as  may  be  prescribed 
by  law. 

State  not  to  be  stockholder  in  company.  §  6.  The  State 
shall  not  subscribe  to  or  be  interested  in  the  stock  of 
any    company,    association    or   corporation. 

Prohibition  upon  municipal  corporation*.  5  9.  No 
county,  city,  town  or  other  municipal  corporation,  by 
vote  of  its  citizens  or  otherwise,  shall  become  a  stock- 
holder  in   any  joint  stock  company,   corporation  or  asso- 


Public  Seuvice  Laws 


1147 


elation  whatever,  or  raise  money  for,  or  loan  its  credit 
to,  or  in  aid  of,  any  such  company,  corporation  or  asso- 
ciation. 

CONSTITUTIONAL  AMENDMENT— 1910. 
Article  VII  of  the  constitution  of  the  State  of  Oregon 
shall    be    and    the    same    is    hereby    amended    to    read    as 
follows: 

ARTICLE  XI. 

§  2.  Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  the  legislative  assembly  by 
special  laws.  The  legislative  assembly  shall  not  enact, 
amend  or  repeal  any  chapter  or  Act  of  incorporation  for 
any   municipality,   city   or   town. 

Section  10  of  article  XI  of  the  constitution  of  the 
State  of  Oregon  shall  be  and  the  same  is  hereby  amended 
to   read   as   follows: 

STATUTE  LAW. 

THE    RA1LR0.4D    COJIMISSION,    ITS    POWERS    AND    DUTIES. 

Commission  created — Number  of  members — Term  of  of- 
fice, appointinent  and  confirmation — Election — Vacancies. 
§  6875.  A  railroad  commission  is  hereby  created,  to  be  com- 
posed of  three  commissioners.  Immediately  after  the  taking 
effect  of  this  Act  the  governor,  secretary  of  State  and 
State  treasurer,  or  a  majority  of  them,  shall  appoint  such 
commissioners;  one  of  whom  shall  be  from  the  State 
at  large,  one  from  the  first  congressional  district,  and 
one  from  the  second  congressional  district.  The  term  of 
office  of  the  commissioner  appointed  from  the  State  at 
large  shall  expire  on  the  first  Monday  in  July,  1910,  and 
his  successor  shall  be  elected  by  the  voters  of  the  State 
at  the  regular  biennial  election  in  June,  1910,  for  the 
full  term  of  four  years.  Tlie  term  of  office  of  the  other 
two  commissioners  shall  expire  in  July,  1908,  and  their 
successors  in  office  shall  be  elected  by  the  voters  of  the 
congressional  district  from  which  they  were  appointed 
in  June,  1-908,  for  the  full  term  of  four  years,  and  the 
successors  in  office  of  such  commissioners  shall  be 
chosen  by  the  voters  of  the  State  at  large,  or  of  the 
several  congressional  districts,  as  other  State  and  con- 
gressional officers  are  elected  for  the  full  term  of  four 
years.  Bach  commissioner  appointed  or  elected  under 
the  provisions  of  this  Act  shall  hold  office  until  his  suc- 
cessor is  appointed  or  elected  and  qualified.  Any  va- 
cancy shall  be  filled  by  appointment  by  the  governor, 
secretary  of  State  and  State  treasurer  for  the  unexpired 
term.  No  more  than  two  commissioners  shall  be  ap- 
pointed from  the  same  political  party.  [L.  1907,  chapter 
53,  p.  67,  §1;  L.  O.  L.  §6875.] 

Qualifications  of  commissioners — Removal — Interest  in 
railroads  forbidden — Oath  and  bond.  §  6876.  Amended  by 
section  79  of  the  Public  Utility  Law  of  1911,  below. 

Organization  of  commission.  §  6877.  The  commission- 
ers appointed  under  this  Act  shall,  within  20  days  after 
their  appointment,  meet  at  the  State  capitol  and  organize 
by    electing    one    of    their    number    chairman,    who    shall 

I  serve  until   the  commissioner  to  be  elected  in   the  year 

i  1908  shall  have  qualified  and  taken  office.  Immediately 
after  the  commissioner  or  commissioners,  elected  in 
the     year    1908,    and     biennially    thereafter,     shall     have 

I  qualified  and  taken  office,  the  commissioners  shall  meet 
at  the  office  of  the  commission  and  elect  a  chairman, 
who  shall  serve  for  two  years,  and  until  his  successor 
is  elected. 

Quorum — Vacancy  not  to  impair  powers.  §  6878.  A 
majority  of  the  said  commissioners  shall  constitute  a 
quorum  to  transact  business,  and  the  Act  or  decision  of 
a  majority  shall  be  deemed  the  Act  or  decision  of  the 
commission.     No  vacancy  shall   impair  the  right  of  the 

.  remaining   commissioners   to  exercise   all   the   powers   of 

j  the   commission. 

i  Secretary,  clerical  assistance,  and  experts.  §  6879.  Said 
commission   shall  appoint  a  secretary  at  a  salary  of  not 

:  more  than  $2,000  per  annum,  and  may  appoint  an  ex- 
pert stenographer  who  shall  receive  an  annual  salary 
not  exceeding  $1,200,  and  may  employ  such  other  expert 
help    as    may    be    necessary    to    perform    any    service    It 

;  may  require  of  them  and  shall  fix  their  compensation. 

j       Oath  of  secretary — Duties — Qualification.      §  6880.     The 

j  secretary   shall    take   and    subscribe   to   an    oath    similar 


to  that  of  the  commissioners,  and  shall  keep  full  and 
correct  records  of  all  transactions  and  proceedings 
of  the  commission,  and  shall  perform  such  other  duties 
as  may  be  required  by  the  commission.  Any  person  in- 
eligible to  the  office  of  commissioner  shall  be  ineligible 
to  the  office  of  secretary. 

Name  of  commission — Power  to  sue  and  be  sued — Seal — 
Authentication  of  records — Meaning  of  word  commission  as 
used  in  Act.  §  6881.  The  commissioners  shall  be  known 
collectively  as  "Railroad  Commission  of  Oregon,"  and  in 
that  name  may  sue  and  be  sued.  The  commission  shall 
have  a  seal  with  the  .  words  "Railroad  Commission  of 
Oregon,"  and  such  other  design  as  it  may  prescribe, 
engraved  thereon,  by  which  it  shall  authenticate  its 
proceedings  and  of  which  the  courts  shall  take  judicial 
notice.  Whenever  the  word  commission  is  used  in  this 
Act,  it  shall  be  taken  to  mean  "Railroad  Commission  o( 
Oregon." 

Office,  supplies,  sessions  held  elsewhere  than  capitol — 
Allowance  for  traveling  expenses.  §  6882.  The  commission 
shall  keep  its  office  at  the  capitol  and  shall  be  provided 
by  the  secretary  of  State  with  suitable  room  or  rooms, 
necessary  office  furniture,  supplies,  stationery,  books, 
periodicals,  maps,  and  all  necessary  expenses  therefor 
shall  be  audited  and  paid  as  other  State  expenses  are 
audited  and  paid.  The  commission  may  hold  sessions 
at  any  place  other  than  the  capitol  when  the  convenience 
of  the  parties  so  requires.  The  commissioners,  secretary 
and  clerk,  and  such  experts  as  may  be  employed,  shall 
be  entitled  to  receive  from  the  State  their  actual  neces- 
sary expenses  while  traveling  on  the  business  of  the 
commission.  Such  expenditures  to  be  sworn  to  by 
the  person  who  incurred  the  expense,  and  approved  by 
the   commission. 

Members  may  ride  upon  any  engine,  car,  or  tram. 
§  6883.  The  members  of  the  Railroad  Commission  of 
Oregon,  and  its  secretary,  stenographer  and  employes, 
may  in  the  performance  of  their  official  duties  ride  in 
and  upon  any  engine,  car  or  train  of  any  railroad  within 
this  State  as  the  same  is  defined  in  this  chapter,  upon 
payment  to  such  railroad  of  the  lawful  passenger  fare, 
but  such  railroad  shall  not  thereby  be  deemed  to  become 
a  common  carrier  of  passengers  other  than  on  passenger 
trains,   nor  be  guilty   of  discrimination. 

Rules — All  hearings  to  be  open.  §  6884.  The  commis- 
sion shall  have  power  to  adopt  and  publish  rules  or 
orders  to  govern  its  proceedings  and  to  amend  the 
same,  and  to  regulate  the  mode  and  manner  of  all  in- 
vestigations and  hearings  of  railroads  and  other  parties 
before  it,  and  all  hearings  shall  be  open  to  the  public. 
Any  person  may  appear  before  the  commission  and  be 
heard,   or   may   appear   by   attorney. 

Conference  by  correspondence  or  conventions  with  other 
commissions.  §  6885.  The  commission  may  confer  by  cor- 
respondence, or  by  attending  conventions,  or  otherwise, 
with  the  railroads  commissioners  of  other  States,  and  with 
the  Interstate  Commerce  Commission,  on  any  matters 
relating  to  railroads. 

What  embraced  in  term  "railroad" — What  transportation 
governed  by  Act.  §  6886.  The  term  "railroad"  as  used 
herein  shall  mean  and  embrace  all  corporations,  compa- 
nies, individuals,  associations  of  individuals,  their  lessees, 
trustees  or  receivers  (appointed  by  any  court  whatso- 
ever), that  now  or  may  hereafter,  own,  operate  by 
steam,  electric  or  other  motive  power,  manage  or  control, 
any  railroad  or  interurban  railroad  or  part  of  a  railroad 
or  interurban  railroad  as  a  common  carrier  in  this 
State,  or  cars  or  other  equipment  used  thereon,  or 
bridges,  terminals  or  sidetracks,  used  in  connection 
therewith,  whether  owned  or  operated  under  a  contract, 
agreement  or  lease  or  otherwise.  The  term  "railroad" 
whenever  used  herein  shall  also  mean  and  embrace  all 
corporations,  companies,  individuals,  associations  of  indi- 
viduals, their  lessees,  trustees  or  receivers  (appointed 
by  any  court  whatsoever),  engaged  in  the  ownership, 
management  or  control  of  union  depots  or  terminals 
in  this  State  (which  corporations,  companies,  individuals 
and  associations  are  hereby  declared  to  be  common  car- 
riers), or  the  transportation  of  property  within  this 
State  by  express;  and  all  duties  required  of  and  penal- 
ties imposed  upon  any  railroad  or  any  officer  or  agent 
thereof  shall,  in  so  far  as  the  same  are  applicable,  be  re- 


1148 


National  Association  of  Kailway  Commissioners 


quired  of  and  imposed  upon  express,  union  depot  and 
terminal  companies,  and  their  ofiBcers  and  agents,  and 
the  commission  shall  have  the  power  o£  supervision  and 
control  of  union  depot,  terminal  and  express  companies 
to  the  same  extent  as  railroads.  The  provisions  of  this 
Act  shall  apply  to  the  transportation  of  passengers  and 
property,  and  to  the  receiving,  delivering,  switching, 
storing,  elevation  and  transfer  in  transit,  ventilation, 
refrigeration  or  icing,  and  handling  of  such  proi>erty,  and 
to  all  charges  connected  therewith;  and  shall  apply  to 
all  railroad  companies,  union  depot  companies,  terminal 
companies,  car  companies,  oil  companies,  tank  line  com- 
panies, sleeping  car  companies,  freight  and  freight  line 
companies,  and  to  all  associations  of  persons,  whether 
incorporated  or  otherwise,  that  shall  do  business  as  com- 
mon carriers  upon  or  over  any  line  of  railroad  within  this 
State,  and  to  any  common  carrier  engaged  in  the  trans- 
portation of  passengers  or  property  wholly  by  rail  or 
partly  by  rail  and  partly  by  water.  This  Act  shall  not 
apply  to  the  transportation  of  passengers  being  carried 
solely  within  the  limits  of  cities  by  street  and  other 
railroads,  and  shall  not  apply  to  logging  or  other  pri- 
vate  railroads   not  doing  business  as  common  carriers. 

The  word  "rate,"  "fare,"  "charge,"  and  "joint  rate," 
as  used  herein  shall  be  taken  to  mean  and  embrace 
an  entire  schedule  of  rates,  fares,  charges  or  joint 
rates  as   well   as  particular  rates   and  groups  of  rates. 

The  word  "service"  as  used  herein  shall  be  taken 
in  its  broadest  and  most  inclusive  sense  and  to  include 
[the]   equipment  and   facilities. 

Reasonably  adequate  service,  equipment  and  facilities 
exacted — Charges  to  be  reasonable  and  just.  §  6887.  Every 
such  railroad  is  hereby  required  to  furnish  reasonably 
adequate  service,  equipment  and  facilities,  and  the 
charges  made  for  any  service  rendered  or  to  be  rendered 
"in  the  transportation  of  passengers  or  property,  or  for 
any  service  in  connection  therewith,  or  for  the  receiving, 
switching,  delivering,  storing,  elevation,  and  transfer  in 
transit,  ventilation,  refrigeration  or  icing  or  handling  of 
such  property,  or  for  union  depot  or  terminal  facilities, 
shall  be  reasonable  and  just,  and  every  unjust  and  unrea- 
sonable charge  for  such  service  is  prohibited  and  de- 
clared to  be  unlawful. 

Schedules  of  rates  and  joint  rates  to  be  printed  and  kept 
on  file.  §  6888.  Every  railroad  shall  print  in  plain  type 
and  file  with  the  commission  within  a  time  to  be  fixed 
by  the  commission,  schedules  which  shall  be  open  to 
public  inspection,  showing  all  rates,  fares  and  charges 
for  the  transportation  of  passengers  and  property,  or 
use  of  union  depot  and  terminals,  and  any  service  in 
connection  therewith,  which  it  has  established  and  which 
are  In  force  at  the  time  between  all  points  in  this 
State  upon  its  line,  or  any  line  controlled  or  operated 
by  it,  and  the  rates,  fares  and  charges  shown  on  such 
schedules  which  are  to  take  effect  prior  to  April  1,  1907, 
shall  not  exceed  the  rates,  fares  and  charges  shown  on 
the  schedules  filed  under  the  provisions  of  §  6945.  The 
schedules  printed  as  aforesaid  shall  plainly  state  the 
places  upon  its  line  or  any  line  controlled  or  operated 
by  it  in  this  State  between  which  passengers  and  prop- 
erty will  be  carried,  and  there  shall  be  filed  therewith 
the  classification  of  freight  in  force.  Every  railroad  shall 
publish  with  and  as  a  part  of  such  schedules  all  rules 
and  regulations  that  in  any  manner  affect  the  rates 
charged  or  to  be  charged  for  the  transportation  of  pas- 
sengers or  property,  also  the  charges  for  delay  in  load- 
ing or  unloading  cars,  for  track  and  car  service  or 
rental  and  for  demurrage,  switching,  terminal  or  trans- 
fer service,  or  for  rendering  any  other  service  in  con- 
nection with  the  transportation  of  persons  or  property. 
Two  copies  of  said  schedules  for  the  use  of  the  public 
shall  be  filed  and  kept  on  file  in  every  depot,  station 
and  office  of  such  railroad  where  an  agent  is  main- 
tained, which  schedules  shall  be  in  such  form  and 
place  as  to  be  accessible  to  the  public  and  can  be  con- 
veniently inspected.  When  passengers  or  property  are 
transported  over  connecting  lines  in  this  State  operated 
by  more  than  one  railroad,  and  several  railroads  oper- 
ating such  lines  establish  joint  rates,  fares  and  charges, 
a  schedule  of  joint  rates  shall  also  in  like  manner  be 
printed  and  filed  with  the  commission  and  kept  on  file 
In  every  depot,  station  and  office  of  such  railroad  where 
an  agent  is  maintained. 


Change  in  schedule  only  on  notice — Filing  new  copies 
prior  to  change.  §  6889.  No  change  shall  be  made  in  any 
schedule,  including  schedule  of  joint  rates,  or  in  any 
classification,  except  upon  10  days'  notice  to  the  commis- 
sion, and  all  such  changes  shall  be  plainly  indicated 
upon  existing  schedules,  or  by  filing  new  schedules  in 
lieu  thereof  10  days  prior  to  the  time  the  same  are  to 
take  effect;  provided,  that  the  commission,  upon  appli- 
cation of  any  railroad,  may  prescribe  a  less  time  in 
which  a  reduction  may  be  made.  Copies  of  all  new 
schedules  shall  be  filed  as  hereinbefore  provided  in  every 
depot,  station  and  office  of  such  railroad,  10  days  prior 
to  the  time  the  same  are  to  take  effect  unless  the  com- 
mission shall   prescribe   a  less  time. 

Changes  in  schedule — Posting  notice.  §  6890.  Whenever 
a  change  is  made  in  any  existing  schedule  including 
schedule  of  joint  rates,  a  notice  shall  be  posted  and 
kept  posted  by  the  railroad  in  a  conspicuous  place  in 
every  depot,  station  and  office  where  an  agent  is  main- 
tained, stating  what  changes  have  been  made  in  the 
schedules  on  file,  specifying  the  class  or  commodity 
affected  and  the  date  when  the  same  will  take  effect. 
[L.  1907,  chapter  53,  p.  72,  §15;   L.  O.  L.  §6890.] 

Unlawful  to  take  other  compensation  for  transportation 
of  passengers  or  property  other  than  specified  in  schedules. 
§  6891.  It  shall  be  unlawful  for  any  railroad  to  charge,  ie- 
mand,  collect  or  receive  a  greater  or  less  compensation 
for  the  transportation  of  passengers  or  property,  or 
for  any  service  in  connection  therewith,  than  is  specified 
in  such  printed  schedules,  including  schedules  of  jo  nt 
rates,  as  may  at  the.  time  be  in  force,  and  the  rat;s, 
fares  and  charges  named  therein  shall  be  the  law  ul 
rates,  fares  and  charges  until  the  same  are  changed 
as   herein   provided. 

Commission  may  prescribe  changes  in  form  of  schedi  /<•. 
§6892.  The  commission  may  prescribe  such  changes  in  i  he 
form  in  which  the  schedules  are  issued  by  the  railrc  adj 
as  may  be  found  expedient.  [L,.  1907,  chapter  53,  p.  3! 
§17;    L.  O.  L.  §6892.]  .«  I 

Joint  rates  to  be  reasonable  and  just.  §  6893.  Whenff  1 
passengers  or  property  are  transported  over  two  or  mi 
connecting  lines  of  railroad  between  points  in  this  St8t«| 
and  the  railroad  companies  have  made  joint  rates 
the  transportation  of  the  same,  such ,  rates  and  aH 
charges  in  connection  therewith  shall  be  just  and  reas.  il| 
able,  and  eve'ry  unjust  and  unreasonable  charge  is  i  c 
hibited  and  declared  to  be  unlawful;  provided,  that  a 
less  charge  by  each  of  said  railroads  for  its  proport  on 
of  such  joint  rate  than  is  made  locally  between  the  sa  ue 
points  on  their  respective  lines  shall  not  for  that  rea:  on 
be  construed  as  a  violation  of  the  provisions  of  t  lis 
Act,  nor  render  such  railroads  liable  to  any  of  the  F-n^ 
allies  hereof. 

Concentration,  commodity,  transit  and  special  conui 
rates  permitted — To  be  open  to  public  and  regulated  by  ^l 
mission.  §  6894.  Nothing  in  this  Act  shall  be  construe*  I 
prevent  concentration,  commodity,  transit  and  ot  ( 
special  contract  rates,  but  all  such  rates  shall  be  open  to 
all  shippers  for  a  like  kind  of  traffic  under  similar  Mr- 
cumstances  and  conditions,  and  shall  be  subject  to  the 
provisions  of  this  Act  as  to  the  printing  and  filing  of  the 
same;  provided,  all  such  rates  shall  be  under  the  su  i  r- 
vision   and   regulation   ot  the   commission. 

But  one  uniform  classification  of  freight.  §  6895.  Tl  ere 
shall  be  but  one  classification  of  freight  in  the  St  ite, 
which  shall  be  uniform  on  all  railroads.  [L..  1907,  chai'ter 
53,  p.  74,  §  20;   U  O.  L.  §  6895.] 

Permissible  free  or  reduced  fare,  transportation  of 
freight  or  passengers.  §  6896.  Nothing  herein  shall  pre- 
vent the  carriage,  storage  or  handling  of  freight  free  or 
at  reduced  rates  for  the  United  States,  the  State,  or 
any  municipality  thereof,  or  for  charitable  purposes,  or 
to  and  from  fairs  and  expositions  for  exhibition  thereat, 
or  household  goods  the  property  of  railway  employes, 
or  commodities  shipped  by  employes  for  their  own 
exclusive  use  or  consumption;  or  the  issuance  of  mile- 
age, commutation,  party  or  excursion  passengers'  tickets, 
provided  the  same  shall  be  obtainable  by  all  persons  ap- 
plying therefor  under  like  circumstances  and  conditions, 
or  the  sale  of  such  tickets  as  were  usually  and  custom- 
arily fold  at  reduced  rates  prior  to  January  1,  1907. 
provided  the  same  are  sold  without  discrimination  to  all 


Public  Servioe  Laws 


1149 


persons  applying  therefor  under  like  circumstances  and 
conditions.  This  Act  shall  not  be  construed  as  prevent- 
ing railroads  from  giving  free  transportation  or  reduced 
rates  therefor  to  its  officers,  agents,  surgeons,  physicians, 
employes  and  attorneys-at-law,  or  members  of  their  fam- 
ilies, or  to  former  railroad  employes  or  members  of  their 
families,  where  such  employes  have  become  disabled  in 
the  railway  service,  or  are  unable  from  physical  dis- 
qualification to  continue  in  the  service,  or  to  members  of 
families  of  deceased  railroad  employes;  or  State  and 
district  officers  of  the  State  of  Oregon,  and  county 
judges  and  sheriffs  of  the  various  counties  of  the  State 
of  Oregon  in  cases  where  the  same  is  now  or  may 
hereafter  be  required  by  law;  to  ministers  of  religion, 
traveling  secretaries  of  railroad  Young  Men's  Christian 
Associations,  inmates  of  hospitals,  and  charitable  and 
eleemosynary  institutions  and  persons  exclusively  en- 
gaged in  charitable  and  eleemosynary  work,  to  officers 
or  agents  of  incorporated  colleges,  to  indigent,  destitute 
and  homeless  persons,  and  to  such  persons  when  trans- 
ported by  charitable  societies  or  hospitals,  and  the  nec- 
essary agents  employed  in  such  transportation;  to  in- 
mates of  the  national  homes  or  State  homes  for  dis- 
abled volunteer  soldiers,  and  of  soldiers'  and  sailors' 
homes,  including  those  about  to  enter  and  those  returning 
home  after  discharge,  and  boards  of  managers  of  such 
homes;  to  employes  on  sleeping  cars,  express  cars,  and 
to  linemen  of  telegraph  and  telephone  companies;  to 
officers  of  the  United  States  reclamation  service;  to 
United  States  live  stock  inspectors;  to  railroad  mail 
service  employes,  post-office  inspectors,  customs  inspec- 
tors and  immigration  inspectors;  to  newsboys  on  trains, 
baggage  agents,  witnesses  attending  any  legal  investi- 
gation in  which  the  railroad  is  interested,  persons  in- 
jured in  wrecks  and  physicians  and  nurses  attending 
such  persons;  nor  shall  this  Act  be  construed  to  pre- 
vent the  interchange  of  passes  for  the  officers,  agents 
or  employes  of  common  carriers  and  their  families, 
nor  to  prevent  any  railroad  from  carrying  passengers 
free  with  the  object  of  providing  relief  in  cases  of  gen- 
eral epidemic,  pestilence  or  other  calamitous  visitation. 
Upon  any  shipment  of  live  stock,  poultry,  fruit  or  other 
proi>erty  of  such  nature  as  to  require  the  care  of  an 
attendant,  the  railroad  may  furnish  to  the  shipper  or 
some  person  or  persons  designated  by  him  free  trans- 
portation for  such  purpose,  including  return  passes  to 
the  point  at  which  the  shipment  originated;  provided, 
there  shall  be  no  discrimination  in  reference  thereto  be- 
tween such  shippers,  and  the  commission  shall  have 
power   to   prescribe  regulations   in   relation   thereto, 

When  railroads  may  discriminate.  It  shall  be  lawful 
for  any  railroad  within  the  State  of  Oregon,  as  the  same 
is  defined  by  §  6886  of  Lord's  Oregon  Laws,  the  same 
being  §  11  of  chapter  53  of  the  Laws  of  Oregon  for  the 
year  1907,  to  transport  free  or  at  reduced  rates  the 
National  Guard  of  the  State,  or  of  other  States,  or 
Volunteer  or  Regular  Army  of  the  United  States,  or 
military  stores,  property  or  equipments,  when  such  trans- 
portation is  necessary  for  military  purposes,  and  such 
railroad  shall  not  thereby  be  deemed  guilty  of  an  unjust 
discrimination  or  an  undue  preference. 

Adequate  and  suitable  depots,  buildings,  switches,  spurs 
and  side  tracks  to  be  provided  and  maintained.  §  6897.  It 
shall  be  the  duty  of  every  railroad  to  provide  and 
maintain  adequate  depots  and  depot  buildings,  and  clean 
and  suitable  toilet  rooms,  or  buildings,  at  its  regular 
stations  where  an  agent  is  maintained,  for  the  accommo- 
dation of  passengers,  and  said  depot  buildings  shall  be 
kept  clean,  well  lighted  and  warmed  for  the  comfort 
and  accommodation  of  the  traveling  public.  All  rail- 
roads shall  keep  and  maintain  adequate  suitable  freight 
depots,  buildings,  switches,  spurs  and  side  tracks  for  the 
receiving,  handling  and  delivering  of  freight  trans- 
ported to  or  be  transported  by  such  railroads.  The  com- 
mission shall  also,  from  time  to  time,  and  as  often  aa 
once  each  year,  carefully  examine  and  inspect  the  physi- 
cal condition  of  each  railroad  in  the  State,  its  roadbed, 
stations,  equipment  and  the  manner  of  its  conduct  and 
management  with  reference  to  the  safety  of  the  public, 
and  the  employes  of  such  railroad  and  the  convenience  of 
the  public,  and  shall  report  the  result  of  its  investiga- 
tions to  the  railroad  company  together  with  its  recom- 
mendations thereon;    provided,  that  this  section  shall  not 


be   construed   as   repealing  any   existing   law   on   the  sub- 
ject. 

Station  houses  at  crossings  maintained  at  joint  expense 
— Connecting  tracks.  §  6898.  All  railroads  shall,  at  all 
points  of  connection  crossings  or  intersection  with  the 
roads  of  other  railroads,  unite  therewith  in  establishing 
and  maintaining  suitable  platform  and  station  houses 
for  the  convenience  of  passengers  desiring  to  transfer 
from  one  road  to  the  other;  and  for  the  transfer  of 
passengers,  baggage  or  freight,  whenever  the  same  shall 
be  ordered  by  the  railroad  commission;  and  shall,  when 
ordered  by  it,  keep  such  depot  or  passenger  house 
warmed,  lighted  and  opened  a  reasonable  time  before 
the  arrival,  and  until  after  the  departure,  of  all  trains 
carrying  passengers;  and  said  railoads  shall  stop  all 
trains  at  said  depots  for  the  transfer  of  passengers, 
baggage  and  freight  when  so  ordered  by  the  commis- 
sion. Such  railroads  whose  roads  so  connect  or  inter- 
sect shall,  when  ordered  by  the  commission,  so  unite 
and  connect  ihe  tracks  of  the  several  roads  as  to  per- 
mit the  transfer  of  cars  from  the  track  of  one  to  that  of 
the  other.  The  expense  of  constructing  and  maintaining 
such  station  houses,  platforms  and  track  connections, 
shall  be  paid  by.  such  railroads  in  such  proportions  as 
may  be  fixed  by  the  commission,  in  the  event  such  rail- 
roads do  not  agree  between  themselves  as  to  the  ap- 
portionment  thereof. 

Penalty  for  violation  of  preceding  section.  §  6899.  Any 
railroad  which,  after  having  received  90  days'  notice  from 
the  commissioners,  shall  neglect  or  refuse  to  comply  with 
the  provisions  of  the  preceding  section  shall,  for  every 
day  it  fails,  neglects  or  refuses  to  comply  therewith, 
forfeit  and  pay  the  sum  of  $25,  which  may  be  recovered 
in  the  name  of  the  State  in  an  action  brought  in  the 
Circuit  Court  of  the  State  of  Oregon  in  the  county 
wherein  such  crossing  or  intersection  is  situated. 

Railway  crossings — Commission  to  regulate — Ascertain- 
ment of  damages — Commission  may  order  interlocking  de- 
vices— Penalty.  §  6900.  Whenever  it  becomes  necessary  for 
the  track  of  one  railroad  to  cross  the  track  of  another 
railroad,  it  shall  be  the  duty  of  the  commission  to  ascer- 
tain and  define  upon  complaint  or  its  own  motion  and 
on  notice,  in  the  manner  provided  in  §  9606,  the  mode  of 
such  crossing  which  shall  occasion  the  least  probable 
injury  upon  the  safety,  welfare  and  interests  of  the 
public  and  the  rights  of  the  company  owning  the  road 
which  is  intended  to  be  crossed.  The  commission  shall 
also  determine  the  compensation  to  be  paid  by  the 
railroad  so  seeking  to  cross  the  other,  if  «uch  railroads 
are  unable  to  agree  thereon,  and  the  points  and  manner' 
of  such  connection.  If  it  shall  appear  to  the  commis- 
sion that  It  is  reasonable  and  practicable  to  avoid  a 
grade  crossing,  the  commission  shall  by  its  order  prevent 
the  same,  and  shall  prescribe  the  manner  of  such  cross- 
ing. In  case  any  railroad  shall  hereafter  seek  to  cross 
at  grade  with  its  track  or  tracks  the  track  or  tracks  of 
another  railroad,  the  railroad  seeking  to  cross  at  grade 
shall  be  compelled  to  pay  all  damages  caused  by  such 
crossing,  and  to  interlock  or  protect  such  crossing  by 
safety  devices  to  be  designated  by  the  commission, 
and  to  pay  all  costs  of  appliances,  together  with  the 
expenses  of  putting  them  in  and  maintaining  them;  pro- 
vided, that  this  requirement  shall  not  apply  to  crossings  of 
sidetracks.  In  any  case  where  the  tracks  of  two  or  more 
railroads  cross  each  other  at  a  common  grade  in  this 
State,  it  shall  be  the  duty  of  such  railroads  when  ordered 
by  the  commission  upon  complaint  or  its  own  motion, 
upon  notice,  in  the  manner  provided  in  §  6906  [L.  O.  L.], 
to  protect  such  crossings  by  interlocking  or  other  safety 
devices,  under  regulations  to  be  designated  by  the  com- 
mission, to  prevent  trains  colliding  at  such  crossings. 
The  commission  in  making  such  order  shall  designate 
the  manner  of  such  interlocking  protection, ,  and  shall 
apportion  the  cost  of  installing  and  maintaining  the 
same  between  the  several  railroads,  if  such  railroads 
are  unable  to  agree  upon  the  same  between  themselves. 
Any  company,  corporation,  receiver  or  person  operating 
any  railroad  who  shall  refuse  or  neglect  to  comply  with 
any  order  made  by  the  said  commission  in  pursuance 
of  the  terms  of  this  section  shall  forfeit  and  pay  to 
the  State  of  Oregon  a  penal  sum  of  $500  per  week  for 
each  week  of  such  refusal  and  neglect,  which  said  sum 
may  be  recovered  in   an  action  or  actions  to  be  brought 


1150 


National  Association  of  Railway  Commissioners 


In  the  name  of  the  State  of  Oregon.  So  much  of  the 
provisions  of  §  6859  as  may  be  in  conflict  with  this  sec- 
tion,  is   hereby   repealed. 

Railroad  to  make  switch  connections — Commission  to  in- 
vestigate and  make  orders.  §  6901.  Any  railroad,  as  the 
same  is  defined  in  §  6886  upon  application  of  any  lateral 
or  branch  line  railroad,  or  any  shipper  tendering  intra- 
state traffic  for  transportation,  shall  construct,  maintain 
and  operate  upon  reasonable  terms  a  switch  connection 
with  any  lateral  or  branch  line  of  railroad  or  private 
sidetrack  which  may  be  constructed,  where  such  con- 
nection is  reasonably  practicable  and  can  be  put  in  with 
safety  and  will  furnish  sufficient  business  to  justify  the 
construction  and  maintenance  of  the  same,  and  shall  fur- 
nish cars  and  transport  to  the  best  of  its  ability  any  traffic 
tendered  to,  over  or  from  such  lateral  or  branch  line 
of  railroad  or  private  side  track,  without  discrimination 
In  favor  of  or  against  such  shipper;  provided,  this  shall 
not  be  construed  to  compel  a  railroad  to  remove  from 
or  deliver  on  a  private  side  track  traffic  tendered  in  less 
than  carload  lots;  and  provided,  that  shipments  of  live 
stock,  perishable  property  and  explosives  may  have  prec- 
edence over  all  other  classes  of  merchandise.  If  any  rail- 
road shall  fail  to  install  and  operate  any  such  switch  or 
connection  as  aforesaid  on  application  therefor  in  writ- 
ing by  the  owner  of  any  such  lateral  or  branch  line  of 
railroad,  or  any  shipper,  the  owner  of  any  such  lateral 
or  branch  line  of  railroad,  or  any  shipper,  may  make 
complaint  to  the  Railroad  Commission  of  Oregon  in  the 
manner  provided  by  §  §  6906,  6907  and  6908,  and  the 
said  Railroad  Commission  of  Oregon  shall  make  investi- 
gation of  the  same  as  provided  in  the  said  sections,  and 
shall  determine  as  to  the  safety,  practicability  and  jus- 
tification thereof,  and  shall  ascertain  the  items  of 
reasonable  cost  of  making  such  connection,  and  shall 
make  an  order  as  provided  in  said  §  §  6906  to  6908,  in- 
clusive, directing  the  railroad  to  comply  w^th  the  pro- 
visions of  this  section  in  accordance  with  such  order. 
Such  order  shall  be  enforced  as  other  orders  of  the  said 
Railroad  Commission  of  Oregon  fixing  a  reasonable  serv- 
ice are  enforced.  The  railroad  shall  furnish  the  rails 
and  fastenings,  and  the  switch,  complete  with  frog  and 
guard  rails,  and  the  ties  and  grading  shall  be  furnished 
or  the  expense  borne   by   applicant. 

When  railroad  track  must  be  laid  to  warehouse.  §  6902 
Whenever  any  warehouse  already  built  or  may  hereafter 
be  built  within  150  feet  of  the  main  line  of  any  railroad 
In  this  State,  with  sidetrack  graded  and  ties  laid  down 
■without  expense  to  the  company  owning  or  operating 
said  road,  and  not  less  than  300  tons  of  freight  stored 
in  said  warehouse  ready  for  transportation,  then  it  shall 
be  the  duty  of  the  said  railroad  company  to  lay  down 
the  track,  with  the  necessary  connections  and  switches; 
and  shall  from  time  to  time  furnish  suitable  freight  cars 
necessary  for  the  removal  of  such  freight,  and  shall 
transport  freight  in  carload  lots  to  or  from  said  ware- 
house in  regular  order,  as  other  freight  is  transported 
on  said  road,  whenever  notice  shall  be  given  to  the 
agent  of  the  company  or  person  in  charge  of  the  nearest 
station  thereon;  provided,  that  said  warehouses  are  so 
situated  that  trains  can  be  started  with  the  same  power 
as  in  daily  use  on  ordinarily  straight  and  level  track. 

Failure  to  comply  with  last  section,  penalty  for.  §  6903. 
If  any  company  or  corporation  owning  or  operating  any 
.  railroad  in  this  State  shall  fail  or  refuse  to  comply  with 
the  provisions  of  this  Act,  the  person  injured  by  such 
failure  or  refusal  shall  be  entitled  to  recover  against 
such  railroad  company,  in  any  court  having  jurisdiction, 
a  penalty  of  $300  for  each  week  during  which  such 
neglect,  failure  or  refusal  shall  continue. 

How  and  when  cars  shall  be  furnished — Penalties  for 
failure  to  furnish,  load  and  unload — Power  of  commission 
to  prescribe  rules.  §  6904.  Discrimination,  (a)  In  fur- 
nishing cars  no  discrimination  shall  be  made  in  favor 
of  any  person  or  place,  or  any  commodity  except  live 
stock    and    perishable    property. 

Cars  to  he  supplied  on  application,  (b)  When  the 
owner,  manager  or  shipper  of  freight  of  any  kind  shall 
make  written  application  to  the  railroad  to  supply  cars 
to  be  loaded  in  carload  lots  with  freight  of  which  said 
railroad  is  a  common  carrier.  It  shall  be  the  duty  of  such 
railroad   to   supply   cars  so  applied  for  within   the  time 


herein  prescribed.  If  the  application  be  for  five  cars  or 
less,  the  number  of  cars  applied  for  shall  be  furnished 
to  the  applicant  within  five  days;  if  the  application  be  for 
more  than  five  cars  and  not  to  exceed  10  cars,  the  num- 
ber of  cars  applied  for  shall  be  furnished  to  the  applicant 
within  30  days;  if  the  application  be  for  more  than  10 
cars  and  less  than  30  cars,  the  number  of  cars  applied 
for  shall  be  furnished  to  the  applicant  within  15  days; 
if  the  application  be  for  30  or  more  cars,  the  number 
of  cars  applied  for  shall  be  furnished  to  the  applicant 
within  20  days.  Said  cars  shall  be  suitable  for  the 
purpose  for  which  they  are  ordered,  and  shall  be  fur- 
nished at  a  convenient  place  for  loading,  at  the  point 
where  required  by  the  owner,  manager  or  shipper  making 
application  therefor.  • 

Application,  how  made  and  contents,  (c)  Any  such 
application  must  be  made  to  the  railroad  upon  whose 
line  of  railroad  the  shipment  originates.  Every  such 
application  shall  state  the  number  of  cars  wanted,  the 
time  when  and  place  where  desired,  the  kind  of  freight 
to  be  shipped  and  the  final  destination  thereof.  The 
place  where  the  sard  cars  are  desired  to  be  loaded  for 
shipment  shall  be  at  some  station,  switch  or  siding  on 
the  line  of  the  railroad  to  which  application  is  made. 
The  application  for  cars  may  be  made  to  any  officer  or 
general  agent  of  the  railroad  required  to  furnish  the 
same,  or  to  an  agent  of  the  railroad  at  the  point  nearest 
the  station,  switch  or  siding  where  said  cars  are  to  bj 
furnished. 


II 


Time  for  delivery,  (d)  The  time  herein  stated  for  t' 
delivery  of  cars  mentioned  in  any  such  application  shall 
begin  to  run  from  the  hour  of  7  o'clock  a.  m.  of  jthe 
next  day  following  the  day  of  the  receipt  of  any  such 
application  by  the  railroad  to  which  it  is  given. 

Penalty  for  failure  to  furnish,  (e)  When  a  car  or  cars 
are  applied  for  under  the  provisions  of  this  Act,  and  are 
not  lurnished  within  the  time  as  herein  required,  the 
railroad  so  failing  to  furnish  such  car  or  cars  shall  be 
liable  and  held  to  be  immediately  indebted  to  the  person 
making  application  therefor  in  the  sum  of  $2.00  per  day 
or  fraction  of  a  day  per  car  applied  for  and  not  fur- 
nished within  the  limit  of  time  and  as  herein  prescribed, 
until  such  car  or  cars  are  furnished.  And  in  addition 
thereto,  any  such  defaulting  railroad  shall  be  held  liable 
and  held  to  be  indebted  to  the  person  making  such  ap- 
plication and  not  receiving  the  car  or  cars  therein  ap- 
plied for,  within  the  time  and  as  herein  required,  in  the 
amount  of  the  actual  damages,  any  such  applicant  may 
sustain,   except  as  in   this  section  of  this  Act  stated. 

Time  to  load  and  penalty,  (f)  Each  and  every  appli- 
cant shall  fully  load  and  have  ready  for  shipment,  the 
car  or  cars  applied  for  by  him  48  hours  after  such 
car  or  cars  have  been  furnished  by  the  railroad  at  the 
point  designated  in  hig  application  therefor;  and  upon 
failure  so  to  do,  he  shall  forfeit  and  pay,  upon  demand, 
to  the  railroad  furnishing  the  same,  the  sum  of  $2.00 
per  day,  or  fraction  of  a  day,  after  the  expiration  of  said 
time  for  loading  for  each  car  not  loaded  and  ready  for 
shipment  as  aforesaid;  provided,  that  where  applications 
are  made  on  several  days,  and  more  cars  than  are  men- 
tioned in  one  application  are  furnished  on  the  same  day, 
the  applicant  shall  have  48  hours  to  load  the  car  or  cars 
furnished  on  the  first  application,  and  another  48  hours 
to  load  the  car  or  cars  furnished  on  the  next  applica- 
tion, and  so  on;  and  the  penalty  prescribed  shall  not 
accrue  as  to  any  car  or  lot  of  cars  applied  for,  on  any 
one  day,  until  the  period  within  which  they  may  be 
loaded  has  expired.  The  time  within  which  said  cart 
are  to  be  loaded  shall  begin  to  run  from  the  hour  of  7 
o'clock  a.  m.  of  the  day  next  following  the  day  th€ 
same  are  furnished  at  the  place  required  and  at  th« 
time  specified  in  the  application  therefor.  If  th( 
said  applicant  shall  not  use  such  cars  so  ordered  by  hint 
he  shall  notify  the  railroad  furnishing  the  same,  and  he- 
shall  be  liable  for  the  penalty  above  set  forth  to  th«i 
railroad  furnishing  the  same  for  a  period  of  one  da)- 
after  said  notification. 

Removal  and  unloading,  penalty,  (g)  When  cars  havo 
been  furnished  and  loaded  it  shall  be  the  duty  of  the  rail- 
road company  to  promptly  remove  the  same  from  the 
point  where  loaded  and  to  deliver  the  same  to  the  con- 
necting railroad  or  to  the   person   or   persons   to   whom 


Public  Service  Laavs 


1151 


they  are  consigned,  within  a  reasonable  time.  All  per- 
sons to  whom  cars  are  consigned  shall  unload  the  same 
within  48  hours  after  delivery  thereof  to  the  said  con- 
signee at  the  usual  and  appropriate  point  for  unloading; 
and  upon  failure  to  unload  said  car  or  cars  within  the 
time  herein  specified,  after  the  delivery  thereof  as  herein 
stated,  the  consignee  thereof  shall  be  liable  and  shall 
be  held  to  be  immediately  indebted  to  the  railroad 
delivering  said  cars,  in  the  sum  of  $2.00  per  day,  or 
fraction  of  a  day,  for  each  car  so  left  unloaded.  The 
time  for  unloading  such  cars  shall  be  computed  in  the 
manner    hereinbefore    prescribed    for   loading    cars. 

Evidence  in  action  for  failure  to  furnish  cars,  (h) 
When  any  action  against  any  railroad  is  brought  under 
the  provisions  of  this  Act  for  failure  to  furnish  cars,  it 
shall  be  shown  on  the  trial  thereof  by  competent  testi- 
mony that  the  person  applying  therefor  had  on  hand  at 
the  time  it  became  the  duty  of  the  railroad  under  any  ap- 
plication so  made  to  furnish  the  car  or  cars  required, 
the  kind  of  freight  specified  in  the  application  ready  for 
shipment  in  the  said  car  or  cars  to  the  point  of  final 
destination    in    said    application    stated. 

Excuses  for  failure  to  furnish,  (i)  No  charge  for  fail- 
ure of  any  railroad  to  furnish  a  car  or  cars  as  lierein 
required  shall  be  made  or  enforced,  or  damages  therefor 
claimed,  when  such  failure  is  caused  by  public  calamity, 
strikes,  washouts,  acts  of  God,  the  public  enemy,  mobs, 
riots,  wrecks,  fires  or  accidents;  but  the  lack  of  suffi- 
cient motive  power,  cars,  equipment,  other  appliances, 
terminal  facilities,  roadbed,  facilities  for  maintenance, 
repair  or  transportation,  or  any  thereof,  shall  not  be 
held  to  excuse  the  failure  to  furnish  cars  as  herein  re- 
quired or  to  exonerate  any  railroad  from  the  payment  of 
the  damages  aijd  penalties  herein  prescribed  except  dur- 
in  the  time  when  the  Railroad  Commission  of  Oregon 
shall  by  order  suspend  the  operation  of  those  iwrtions  of 
this  section  of  this  Act,  requiring  the  furnishing  of  cars 
as  herein  stated,  and  then  only  during  the  time  of 
such  suspension.  The  causes  in  this  Act  enumerated, 
which  afford  an  excuse  on  the  part  of  a  railroad  for  not 
furnishing  the  cars  as  required,  shall  likewise,  and  to 
the  same  extent,  excuse  the  owner,  manager  or  shipper 
or  consignee  of  any  freight  from  all  liability  hereunder 
for  failure  to  load  or  unload  cars  as  herein  required. 

Commission  may  suspend  operation  of  section,  (j)  The 
Railroad  Commission  of  Oregon  shall  have  and  is 
hereby  granted  power  to  suspend  the  operation  of  the 
provisions  of  this  section  of  this  Act  or  any  thereof 
for   continuous   periods  of  not  exceeding   30  days  each. 

Cause  for  suspension,  application  and  notice,  (k)  The 
operation  of  this  section  of  this  Act,  either  in  whole  or 
in  part,  shall  not  be  suspended  by  said  commission  ex- 
cept upon  good  cause  shown.  Any  railroad  may,  from 
time  to  time,  make  written  application  to  the  said  com- 
mission to  suspend  the  operation  of  this  section  of  this 
Act,  in  so  far  as  it  makes  railroads  liable  for  penalties 
or  damages.  When  any  such  application  is  made  by  a 
railroad  the  commission  shall  publish  a  notice  thereof 
In  a  daily  newspaper  of  general  circulation  published  in 
Salem,  Oregon,  and  a  like  newspaper  published  in  Port- 
land, Oregon,  once  a  day  for  not  less  than  10  days 
immediately  preceding  the  time  fixed  for  any  such  hear- 
ing. Such  notice  shall  state  the  nature  of  the  inquiry 
to  be  instituted,  and  the  time  when,  and  the  place  where, 
the  same  will  be  held. 

Proceedings  on  application.  (1)  Any  owner,  shipper, 
or  manager  of  any  freight,  or  any  consignee  thereof, 
may,  from  time  to  time,  make  written  application  to  the 
said  commission  to  suspend  the  operation  of  this  section 
of  this  Act,  in  so  far  as  it  makes  them  or  any  of  them 
liable  for  penalties  or  damages.  When  any  such  oppli- 
cation  is  made  by  any  such  person  the  commission  shall 
summon  the  railroad  or  railroads  doing  business  in 
Oregon,  and  interested  in  any  such  application,  to  ap- 
pear and  make  such  representations  as  may  be  desired. 
Said  summons  shall  be  served  by  the  sheriff  of  the 
county  in  which  the  inquiry  is  to  be  carried  on,  not  less 
than  10  days  immediately  preceding  the  date  set  for 
any  such  hearing,  and  service  thereof  upon  any  agent 
of  a  railroad  shall  be  deemed  to  be  service  on  the  rail- 
road of  which  he  is  an  agent.  When  any  such  appli- 
cation   is    made    by    a    railroad    or    any    person    herein 


authorized  to  do  so,  the  commission  shall  inquire  into 
the  matter  stated  therein  and  ascertain  the  cause  of  the 
failure  to  deliver  cars  as  ordered,  or  the  failure  to  load 
or  unload   the  same  as  the  case  may  be. 

Who  may  appear,  (m)  Any  railroad,  and  any  owner, 
shipper,  or  manager  of  any  freight,  or  any  consignee 
thereof,  or  any  person  interested,  shall  have  the  right 
to  appear  in  any  such  proceedings  before  said  commis- 
sion, however  instituted,  to  participate  therein,  to  in- 
troduce testimony  and  to  be  heard  and  represented  in 
person    and    by    counsel. 

Order  on  hearing  and  effect,  (n)  The  said  commission 
shall  proceed  expeditiously  to  hear  and  determine  any 
such  proceedings  and  upon  proper  cause  shown,  may 
by  order  suspend  the  operation  of  the  portion  of  the 
section  of  this  Act  referred  to  in  any  such  application 
and  desired  to  be  suspended  by  the  railroad  or  person 
making  the  application  for  continuous  period  of  not  to 
exceed  thirty  days.  Thereafter  no  further  suspension 
of  the  operation  of  this  section  of  this  Act  or  any  portion 
thereof  shall  be  ordered  by  the  commission  except  upon 
another  application,  notice  and  hearing  as  aforesaid. 
Any  such  order  of  suspension  may  take  effect  retroac- 
tively when  so  pronounced  in  the  order  itself. 

Claim  for  failure  to  furnish  cars  assignable,  (o)  Any 
claim  which  any  person  may  have  against  any  railroad 
for  failure  to  furnish  cars  or  for  damages  sustained  by 
reason  thereof,  shall  be  assignable  in  the  same  manner, 
and  to  the  same  extent,  as  any  assignable  claim  or 
chose  in  action  and  suit  or  action  for  the  collection 
thereof  may  be  brought  against  any  railroad  by  any  per- 
son having  any  such  claim,  or  by  the  assignee  thereof. 

Commission  may  make  regulations,  (p)  The  commis- 
sion shall  have  power  to  make,  establish  and  alter,  either 
on  its  own  motion  or  upon  complaint,  in  the  manner 
provided  in  §  6906  [L.  O.  L.],  reasonable  regulations  and 
rules,  not  inconsistent  with  the  provisions  of  this  section, 
for  the  delivering,  switching,  weighing,  loading  and 
unloading  of  cars,  and  to  enforce  the  same. 

Other  sections  not  to  affect  this,  (q)  Nothing  in  any 
other  section  of  this  Act  contained  shall  be  so  construed 
as  to  impair  or  to  detract  from  the  provisions  of  this 
section   of   this   Act. 

Rules  in  case  section  is  held  invalid,  (r)  If  the  pro- 
visions of  this  section,  or  any  part  thereof,  shall  be 
declared  invalid  by  the  final  judgment  or  decree  of  any 
court,  then,  and  only  to  the  extent  that  the  provisions 
of  this  section  shall  have  been  so  declared  invalid,  shall 
the  Railroad  Commission  of  Oregon  have  power,  and  In 
the  contingency  aforesaid  the  power  to  said  commission 
is  hereby  given,  and  the  said  commission  is,  in  said 
event,  charged  with  the  duty  to  prescribe  and  enforce 
reasonable  orders,  rules  and  regulations  for  the  furnish- 
ing of  suitable  cars  to  any  and  all  persons  applying 
therefor  for  the  transportation  of  all  kinds  of  freight 
in  carload  lots  of  which  the  pailroad  to  whom  the 
application  is  made  is  a  common  carrier;  the  time  with- 
in which  the  same  shall  be  furnished;  the  manner  of  the 
application  therefor;  the  time  for  the  loading  and  trans- 
portation and  of  the  unloading  thereof,  for  demurrage 
and  reciprocal  demurrage;  and  generally  such  rules  and 
regulations  as  may  be  designated  to  require  reasonable 
promptness  in  furnishing  cars  to  be  loaded  to  persons 
making  application  therefor,  and  the  loading  thereof 
by  applicants  therefor,  and  the  uYiloading  by  the  con- 
signee and  the  reasonably  prompt  transportation  thereof. 
Any  railroad  failing,  neglecting  or  refusing  to  furnish 
suitable  cars,  when  applied  for  in  conformity  with  the 
reasonable  orders,  rules  and  regulations  prescribed  by 
said  commission,  and  within  the  time  therein  stated, 
shall  be  held  to  be  immediately  indebted  and  liable  to 
pay  such  applicant  the  sum  of  $2  for  each  car  so  ap- 
plied for,  for  each  day  during  which  such  railroad  fails, 
neglects  or  refuses  to  furnish  the  same,  and  in  addition 
thereto  all  damages  actually  sustained  by  reason  of 
said  car  or  cars  not  being  so  furnished,  and  said  claims 
for  penalties  and  damages  shall  be  assignable  as  herein- 
before  stated. 

Penalty  for  failure  to  load,  (s)  Any  person  making 
any  such  application  for  a  car  or  cars,  who  shall  fall, 
neglect  or  refuse  to   load  any  such  car  or  cars,  within 


1153 


National  Associatiox  of  Eailway  Commissioners 


the  time  so  prescribed,  shall  be  liable  and  held  to  be  im- 
mediately indebted  to  the  railroad  furnishing  the  same 
in  the  said  sum  of  $2  for  each  car  so  furnished  for  each 
day  during  which  the  applicant  therefor  shall  fail, 
refuse  or  neglect  to  load  the  same;  and  if  any  such 
car  is  not  loaded  at  all,  the  applicant  therefor  shall 
notify  the  railroad  furnishing  the  same  ot  his  intention 
not  to  load  said  car,  and  he  shall  be  liable  for  the 
penalty  above  set  out  to  the  railroad  furnishing  the 
same  for  the  period  of  one  day  after  such  notification. 
Railroads  shall  have  six  months  from  the  date  of  the  pas- 
sage of  this  Act  within  which  to  comply  with  the  pro- 
visions of  this  section. 

Interchange  of  trafflc — Cars  to  be  forwarded  without  dis- 
<:rimination — Precedence  allowed  live  stock  and  perishable 
freight — Private  tracks  controlled.  §  6905.  All  railroads 
shall  afford  all  reasonable,  proper  and  equal  facilities 
for  the  interchange  of  traffic  between  their  respective 
lines  for  forwarding  and  delivering  passengers  and 
property,  and  shall  transfer,  switch  for  a  reasonable  com- 
pensation, and  deliver  without  discrimination  or  unrea- 
sonable delay  any  freight  or  cars,  loaded  or  empty, 
destined  to  any  point  on  its  traclc  or  any  connection 
lines;  provided,  that  precedence  over  other  freight  shall 
be  given  to  live  stock  and  perishable  freight.  The  com- 
mission shall  have  control  over  private  tracks  in  so  far 
as  the  same  are  used  by  common  carriers,  in  connection 
with  any  railroad  for  the  transportation  ot  freight,  in 
all  respects  the  same  as  though  such  tracks  were  a  part 
of  the  track  ot  said  railroad. 

Manner  of  investigation  of  complaints — Investigation  on 
commission's  otvn  motion — Poiver  to  order  changes.  §  6906. 
Upon  complaint  of  any  i>erson,  firm,  corporation  or 
association,  or  of  any  mercantile,  agricultural  or  manu- 
facturing society,  or  of  any  body  politic  or  municipal 
organization,  that  any  ot  the  rates,  fares,  charges  or 
classifications,  or  any  joint  rate  or  rates  are  in  any  re- 
spect unreasonable  or  unjustly  discriminatory,  or  that 
any  regulation  or  practice  whatsoever  affecting  the  trans- 
portation of  persons  or  property,  or  any  service  in  con- 
nection therewith,  are  in  any  respect  unreasonable  or 
unjustly  discriminatory,  or  that  any  service  is  in  ade- 
quate, the  commission  may  notify  the  railroad  complained 
of  that  complaint  has  been  made,  and  10  days  after  such 
notice  has  been  given  the  commission  may  proceed  to 
investigate  the  same  as  hereinafter  provided.  Before 
■proceeding  to  make  such  investigation  the  commission 
shall  give  the  railroad  and  the  complainant  10  days'  no- 
tice of  the  time  and  place  and  when  and  where  such 
matters  will  be  considered  and  determined,  and  said  par- 
ties shall  be  entitled  to  be  heard  and  shall  have  pro- 
cess to  enforce  the  attendance  of  witnesses.  If  upon 
such  investigation  the  rate  or  rates,  fares,  charges  or 
classifications,  or  any  joint  rate  or  rates,  or  any  regu- 
lation, practice  or  service  complained  of  shall  be  found 
to  be  unreasonable  or  unjustly  discriminatory,  or  the 
service  shall  be  found  to  be  inadequate,  the  commission 
shall  have  power  to  fix  and  order  substituted  therefor 
such  rate  or  rates,  fares,  charges  or  classification  as 
it  shall  have  determined  to  be  just  and  reasonable  and 
which  shall  be  charged,  imposed  and  followed  in  the  fu- 
ture, and  shall  also  have  the  i)Ower  to  make  such  orders 
respecting  such  regulations,  practice  or  service  as  it 
shall  have  determined  to  be  reasonable,  and  which  shall 
be  observed,  followed,  used  and  supplied  in  the  future. 
The  commission  may, .  when  complaint  is  made  of  more 
than  one  rate  or  charge,  order  separate  hearings  thereon, 
and  may  consider  and  determine  the  several  matters 
complained  of  separately,  and  at  such  times  as  it  may 
prescribe.  No  complaint  shall  at  any  time  be  dismissed 
because  of  the  absence  of  direct  damage  to  the  complain- 
ant. 

Whenever  the  commission  shall  believe  that  any 
rate  or  charge  may  be  unreasonable  or  unjustly  discrim- 
inatory, or  that  any  service  is  inadequate,  and  that  an 
investigation  relating  thereto  should  be  made,  it  may 
on  its  own  motion  investigate  the  same.  If  after  making 
such  investigation,  the  commission  becomes  satisfied 
that  sufficient  grounds  exist  to  warrant  a  hearing  being 
ordered  to  determine  whether  the  rate  so  investigated 
[is]  unreasonable  or  unjustly  discriminatory,  or  whether 
the  service  investigated  is  inadequate.  It  shall  furnish 
the   railroad  or  railroads  interested  a   statement  setting 


31 


forth  the  rate  or  service  investigated,  which  said  state- 
ment shall  be  accompanied  by  a  notice  fixing  a  time 
and  place  for  hearing  on  such  rate  or  service,  as  the 
case  may  be.  Notice  may  likewise  be  given  to  other  par- 
ties in  interest,  and  shall  be  given  at  least  10  days  in 
advance  of  any  hearing,  and  thereafter  proceedings  shall 
be  had  and  conducted  in  reference  to  the  matter  in- 
vestigated in  like  manner  as  though  complaint  was  filed 
with  the  commission  relative  to  the  matter  investigated, 
pursuant  to  the  provisions  of  this  section,  and  the  same 
order  or  orders  may  be  made  in  reference  thereto  as  if 
such   investigation  had  been  made  On  complaint. 

This  section  shall  be  construed  to  permit  any  railroad 
to  make  complaint  with  like  effect  as  though  made  by 
any  person,  firm,  corporation  or  association,  mercantile, 
agricultural  or  manufacturing  society,  body  politic 
municipal   organization. 

Wnenever  a  complaint  is  lodged  with  the  railroa 
commission  by  the  common  council  or  mayor  of  any  city, 
or  any  county  judge  or  county  commissioner  or  road 
supervisor,  or  by  five  or  more  freeholders  and  taxpayers 
in  any  town  or  road  district  to  the  effect  that  a  public 
highway  and  a  railroad  cross  one  another  in  such  city 
or  road  district  at  the  same  level,  and  that  such  grade 
crossing  is  unsafe  and  dangerous  to  travelers  over  such 
highway  or  railroad,  it  shall  be  the  duty  of  said  commis- 
sion to  give  notice  to  the  railroad  in  interest  of  the 
filing  of  such  complaint,  and  to  furnish  a  copy  of  the 
same  to  the  railroad  company,  and  to  order  a  hearing 
thereon  in  the  manner  provided  for  hearings  in  this 
section.  If  upon  such  hearing  it  shall  appear  to  the  sat- 
isfaction of  tne  commission  that  the  crossing  complained 
of  is  unsafe  and  dangerous  to  human  life,  said  commis- 
sion may  order  and  direct  the  railroad  to  erect  gates  at 
said  crossing  and  place  an  employe  in  charge  to  open  and 
close  the  same  when  an  engine  or  train  passes,  or  that 
a  flagman  be  stationed  at  such  crossing  who  shall  display 
a  flag  when  an  engine  or  train  is  about  to  pass,  or 
that  such  crossing  shall  be  provided  with  an  electric 
signal,  or  other  suitable  device  as  the  commission  deter- 
mines the  better  security  of  human  life  and  the  public 
travel  requires;  and  such  railroad  shall  comply  with  the 
terras  of  such  order.  [L.  1907,  chapter  53,  p.  82,  §28; 
L.   O.  L.   §  6906.]     . 

Commissioner  empowered  to  administer  oaths,  compel 
attendance  of  witnesses  and  production  of  books  and  papers 
— Proceedings  on  refusal  to  comply  with  order  or  subpoena 
— Witness  fees — Depositions — Record  of  testimony  kept. 
§  6907.  Each  of  the  commissioners,  for  the  purpose  men- 
tioned in  this  Act,  shall  have  power  to  administer  oaths, 
certily  to  official  Acts,  issue  subpoenas,  compel  the 
attendance  of  witnesses,  and  the  production  of  papers, 
tariffs,  waybills,  contracts,  books,  accounts,  documents 
and  testimony.  In  case  of  disobedience  on  the  part  of 
any  person  or  persons  to  comply  with  the  order  of  the 
commission  or  any  commissioner  or  any  subpoena,  or 
in  the  refusal  of  any  witness  to  testify  to  any  matter 
regarding  which  he  may  be  lawfully  interrogated,  it  shall 
be  the  duty  of  the  Circuit  Court  of  any  county,  or  the 
judge  thereof,  on  application  of  a  commissioner,  to  com- 
pel obedience  by  attachment  proceedings  for  contempt, 
as  in  the  case  of  disobedience  of  the  requirements  of  a 
subpoena  issued  from  such  court,  or  a  refusal  to  testify 
therein.  Any  person  who  shall  neglect  or  refuse  to 
attend  and  testify,  or  to  answer  any  lawful  inquiry,  or 
to  produce  books,  papers,  tariffs,  waybills,  contracts, 
books,  accounts  and  documents,  if  in  his  power  to  do 
so,  in  obedience  to  the  subpoena  or  lawful  requirement 
of  the  commission,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  by  a  court  of  competent 
jurisdiction  shall  be  punished  by  a  fine  of  not  less  than 
$100  nor  more  than  $1,000,  or  by  Imprisonment  in 
county  jail  for  not  more  than  one  year,  or  by  both  Bi 
fine  and  imprisonment. 

Each  witness  who  shall  appear  before  the  commission, 
by  its  order,  shall  receive  for  his  attendance  the  fees 
and  mileage  now  provided  for  witnesses  in  civil  cases 
In  Courts  of  Record,  which  shall  be  audited  and  paid 
by  the  State  in  the  same  manner  as  other  expenses 
are  audited  and  paid,  upon  the  presentation  of  proper 
vouchers  sworn  to  by  such  witnesses  and  approved 
by  the  commission;  provided,  that  no  witness  sub- 
poenaed  at  the   instance   of  parties   other  than   the   com- 


UtXU 

II 


Public  Service  Laws 


115a 


mission  shall  be^  entitled  to  compensation  from  the 
State  for  attendance  or  travel  unless  the  commission 
shall  certify  that  his  testimony  was  material  to  the 
matter  investigated;  and  provided,  that  no  witness  shall 
be  entitled  to  any  witness  fee  or  mileage  who  is  an 
officer,  agent  or  employe  of  any  railroad,  when  sum- 
moned at  the  instance  of  such  railroad,  and  no  witness 
furnished  with  free  transportation  shall  receive  pay 
for  the  distance  he  may  have  traveled  upon  such  free 
transportation.  The  commission  or  any  party  may,  in 
any  investigation,  cause  the  depositions  of  witnesses 
residing  within  or  without  the  State  to  be  taken  in  the 
manner  prescribed  by  law  for  like  depositions  in  civil 
actions   in   Circuit   Courts. 

A  full  and  complete  record  shall  be  kept  of  all 
proceedings  had  before  the  commission  on  any  investi- 
gation had  under  §  6906,  and  all  testimony  shall  be 
taken  down  by  tlie  stenographer  appointed  by  the 
commission.  Whenever  any  complaint  is  served  upon 
the  commission  under  the  provisions  of  §  6910,  the 
commission  shall,  before  said  suit  is  reached  for  trial, 
cause  a  certified  transcript  of  all  proceedings  had  and 
testimony  taken  upon  such  investigation  to  be  filed 
with  the  county  clerk  of  the  county  where  the  action  is 
pending.  A  transcribed  copy  of  the  evidence  and  pro- 
ceedings, or  any  specific  part  thereof  or  any  investi- 
gation, taken  by  the  stenographer  appointed  by  the 
commission,  being  certified  by  such  stenographer  to 
be  a  true  and  correct  transcript  in  longhand  of  all  the 
testimony  on  the  investigation,  or  of  a  particular  wit- 
ness, or  of  other  specific  parts  thereof,  carefully  com- 
pared by  him  with  liis  original  notes,  and  to  be  a  correct 
statement  of  the  evidence  and  proceedings  had  on  such 
investigation  so  purporting  to  be  taken  and  transcribed, 
shall  be  received  in  evidence  with  the  same  effect  as 
if  said  evidence  had  been  given  and  said  proceedings 
had  upon  the  trial  in  which  said  transcript,  or  any  part 
thereof,  is  offered.  A  copy  of  such  transcript  shall  be 
furnished  on  demand,  free  of  cost,  to  any  party  to  such 
investigation. 

Substitution  and  enforcement  of  rates,  charges,  classifi- 
cations, joint  rates,  regulations,  service,  or  equipment,  and 
appointment  of  joint  rates — Establishment  of  joint  rate 
routes.  §  6908.  Whenever,  upon  an  investigation  made  un- 
der the  provisions  of  this  Act,  the  commission  shall  find 
any  existing  rate  or  rates,  fares,  charges  or  classifica- 
tions, or  any  joint  rate  or  rates,  or  any  regulation  or 
practice  whatsoever  affecting  the  transportation  of 
persons  or  property,  or  any  service  in  connection  there- 
with, are  unreasonable  or  unjustly  discriminatory,  or 
any  service  is  inadequate,  it  shall  determine  and  by 
order  fix  a  reasonable  rate,  fare,  charge,  classification  or 
joint  rate  to  be  imposed,  observed  and  followed  in  the 
future  in  lieu  of  that  found  to  be  unreasonable  or  un- 
justly discriminatory,  or  inadequate,  as  the  case  may  be, 
and  it  shall  cause  a  certified  copy  of  each  such  order 
to  be  delivered  to  an  officer  or  station  agent  of  the 
railroad  affected  thereby,  which  order  shall  of  its  own 
force  take  effect  and  become  operative  20  days  after 
the  service  thereof.  All  railroads  to  which  the  order 
applies  shall  make  such  changes  in  their  schedule  on 
file  as  may  be  necessary  to  make  the  same  conform  to 
said  order,  and  no  change  shall  thereafter  be  made  by 
any  railroaxl  in  any  such  rates,  fares  or  charges,  or  in 
any  joint  rate,  or  rates,  without  the  approval  of  the 
commission.  Certified  copies  of  all  other  orders  of  the 
commission  shall  be  delivered  to  the  railroads  affected 
thereby  in  like  manner,  and  the  same  shall  take  effect 
within  such  time  thereafter  as  the  commission  shall 
prescribe. 

The  commission  may  at  any  time,  upon  notice  to 
the  railroad,  and  after  opportunity  to  be  heard,  as  pro- 
vided in  §  C90G,  rescind,  alter  or  amend  any  order  fixing 
any  rate  or  rates,  fares,  charges  or  classification,  or 
any  other  order  made  by  the  commission,  and  certified 
copies  of  the  same  shall  be  served  and  take  effect  as 
herein    provided    for  original    orders. 

Whenever  the  rate  ordered  substituted  by  the  com- 
DMssion  shall  be  a  joint  rate  or  charge,  and  the  rail- 
roads i)arty  thereto  shall  fail  to  agree  upon  the  appor- 
tionment thereof  within  20  days  after  the  service  of 
such    order,    the    commission    may,    after   a    like    hearing. 


issue  a  supplementary  order  declaring  the  apportionment 
of  such  joint  rate  or  charge,  and  the  same  shall  take 
effect  of  its  own  force  as  part  of  the  original  order. 

Whenever  the  railroads  shall  refuse  or  neglect  to 
establish  a  through  route  or  joint  rate  or  rates  for  the 
transportation  of  persons  or  property,  the  commission 
m.'ty,  upon  notice  to  the  railroads,  and  after  opportunity 
to  be  heard  as  in  §  6906  provided,  fix  and  establish  such 
through  route,  joint  rate  or  rates,  and  if  the  railroads 
party  thereto  shall  fail  to  agree  upon  the  apportionmeat 
of  such  joint  rate  or  rates  within  20  days  after  service 
of  such  order,  the  commission  may,  upon  a  like  hearing, 
issue  a  supplementary  order  declaring  the  apportion- 
ment of  such  joint  rate  or  rates,  and  the  same  shall 
take  effect  of  its  own  force  as  part  of  the  original  order. 

Commission's  orders  in  force  and  prima  facie  reasonable 
until  judicially  found  othertvise.  §  6909.  All  rates,  fares, 
charges,  classifications  and  joint  rates  fixed  by  the 
commission  shall  be  in  force  and  shall  be  prima  facie 
lawful,  and  all  regulations,  practices  and  service  pre- 
scribed by  the  commission  shall  be  in  force  and  shall 
be  prima  facie  reasonable,  until  finally  found  otherwise 
in  an  action  brought  for  that  purpose  pursuant  to  the 
provisions    of    §§  6910,    6911,    6912    and    6913. 

Effect  of  orders  of  commission.  §  1.  All  orders  made  by 
the  railroad  commission  of  Oregon,  upon  notice,  to  any 
railroad,  as  defined  in  §11  of  chapter  53  of  the  laws, 
of  Oregon  for  the  year  1907,  the  same  being  §  6886, 
and  after  hearing  shall  remain  in  force  and  shall  bind 
thi,  successors  in  interest,  grantees  and  lessees  of  such 
railroad  or  its  railroad  property,  until  set  aside  as  pro- 
vided by  law.  Whenever  any  complaint  has  been  filed 
with  the  said  commission  against  any  railroad  as  defined 
in  said  §  11,  or  an  investigation  has  been  commenced 
by  the  commission  upon  its  own  motion  against  any 
railroad,  and  the  railroad  has  received  notice  thereof 
in  the  manner  as  provided  by  said  chapter  53,  and  the 
matter  is  pending  undetermined,  when  the  property  or 
franchises  of  said  railroad  is  sold,  leased  or  otherwise 
assigned,  such  complaint  may  be  heard  and  investiga- 
tion continued  and  concluded  and  an  order  may  be  made 
in  (he  premises,  notwithstanding  any  change  in  pos- 
sessicn  or  any  such  assignment,  sale  or  lease  by  the 
railroad  complained  of  or  investigated,  and  any  order 
made  shall  bind  the  successor  and  shall  be  observed 
by   it. 

Proceedings  on  suits  against  substituted  rates.  §  6910. 
Any  railroad  or  other  person,  persons  or  corporation 
interested  in  or  affected  by  any  order  of  the  commis- 
sicn  fixing  any  rate  or  rates,  fares,  charges,  classifica- 
tions, joint  rate  or  rates,  or  any  order  fixing  any  regu- 
lations, practices  or  service,  being  dissatisfied  there- 
with, may  commence  a  suit  in  the  Circuit  Court  of 
Marion  County  against  the  commission  as  defendant  to 
vacate  and  set  aside  any  such  order  on  the  ground  that 
the  rate  or  rates,  fares,  charges,  classifications,  joint 
rate  or  rates,  fixed  in  such  order,  is  unlawful,  or  that 
any  such  regulation,  practice  or  service  prescribed  or 
fixed  in  such  order  is  unreasonable,  in  which  suit  a 
copy  of  the  complaint  shall  be  served  with  the  sum- 
mons as  in  civil  actions.  The  commission  shall  serve 
and  file  its  answer  to  said  complaint  within  10  days 
after  the  service  thereof,  whereupon  said  suit  shall  be 
at  issue  and  stand  ready  for  trial  upon  10  days'  notice 
by  either  party.  All  suits  brought  under  this  section 
shall  have  precedence  over  any  civil  cause  of  a  different 
nature  pending  in  said  court,  and  the  Circuit  Court  shall 
always  be  deemed  open  for  the  trial  thereof,  and  the 
same  shall  be  tried  and  determined  as  a  suit  in  equity. 
In  all  trials  under  this  section  and  §§  6911,  6912  and 
6913,  the  burden  of  proof  [shall]  be  upon  the  plaintiff 
to  show  by  clear  and  satisfactory  evidence  that  the 
order  of  the  commission  complained  of  is  unlawful,  or 
unreasonable,   as   the   case   may   be. 

Injunction  not  to  issue  against  commission's  orders  ex- 
cept on  application,  notice  and  hearing.  §  6911.  After  the 
commencement  of  such  suit  the  Circuit  Court  may,  for 
cause  shown,  upon  application  to  the  Circuit  Court  or 
presiding  judge  thereof,  and  upon  notice  to  the  com- 
mission and  hearing,  suspend  or  stay  the  operation  of 
the  order  of  the  commission  complained  of  until  the 
final    disposition    of   such    suit,    upon    the   giving    of    such 


1154 


National  Association  of  Kailway  Cojimissioneks 


bond  or  other  security,  and  upon  such  conditions  as  the 
court  may  require;  and,  If  such  order  of  injunction 
suspends  the  order  or  requirement  of  the  commission 
fixing  rates,  then  the  court  shall  require  a  bond  with 
good  and  sufficient  surety,  conditioned  that  the  railroad 
or  railroads  applying  for  such  injunction  shall  answer 
for  all  damages  caused  by  the  delay  In  the  enforce- 
ment of  the  order  of  the  commission  and  all  com- 
pensation for  whatever  sums  for  transportation  any 
person  or  corporation  shall  be  compelled  to  pay  in 
excess  of  the  sums  such  person  or  corporation  would 
have  been  compelled  to  pay  if  the  order  of  the  com- 
mission had  not  been  suspended,  and  such  bond  shall 
cover  the  periods  transpiring  from  time  of  the  issu- 
ance of  any  such  injunction  until  the  final  determination 
of  the  question  litigated.  The  said  bond  shall  be 
executed  in  favor  of  the  railroad  commission  of  Oregon 
for  the  benefit  of  whom  it  may  concern,  and  shall  be 
enforceable  by  said  commission  or  any  person  interested, 
In  an  appropriate  proceeding.  Any  person  paying 
charges  found  to  be  excessive  shall  have  a  claim  for 
the  excess,  whether  paid  under  protest  or  not,  and 
unless  refunded  within  30  days  after  written  demand 
made  after  final  judgment,  may  recover  the  same  by 
action  against  such  railroad,  or  such  railroad  and  the 
sureties  on  such  bond.  Claims  of  persons  for  money 
collected  in  excess  of  the  amount  payable  under  the 
rate  or  rates  established  by  the  commission  shall  be 
.assignable  in  the  same  manner  as  any  chose  in  action. 
No  appeal  to  the  Supreme  Court  shall  stay  the  opera- 
tion of  any  order  of  the  commission  unless  the  Circuit 
or  Supreme  Court  shall  so  direct,  and  unless  the  railroad 
so  appealing  shall  give  a  bond  with  like  conditions  and 
terms  as  that  given  on  granting  injunctions  suspending 
an  order  of  the   commission   fixing   rates. 

Resubmission  of  proceedings  to  commission  when  evi- 
dence on  trial  different  than  that  before  commission. 
S  6912.  If,  upon  the  trial  of  such  suit,  evidence  shall  be  in- 
troduced by  the  plaintiff  which  is  found  by  the  court 
to  be  different  from  that  offered  upon  the  hearing 
before  the  commission,  or  additional  thereto,  the  court, 
before  proceeding  to  render  judgment,  unless  the  parties 
to  such  suit  stipulate  in  writing  to  the  contrary,  shall 
transmit  a  copy  of  such  evidence  to  the  commission 
and  shall  stay  further  proceedings  in  said  action  for  15 
days  from  the  date  of  such  transmission.  Upon  the 
receipt  of  such  evidence,  the  commission  shall  consider 
the  same,  and  may  alter,  modify,  amend  or  rescind  its 
order  relating  to  such  rate  or  rates,  fares,  charges, 
classification,  joint  rate  or  rates,  regulation,  practice, 
service  or  equipment  complained  of  in  said  action,  and 
shall  report  its  action  thereon  to  said  court  within  10 
days  from  the  receipt  of  such  evidence.  If  the  com- 
mission shall  rescind  its  order  complained  of,  the  suit 
shall  be  dismissed;  if  it  shall  alter,  modify  or  amend 
the  same,  such  altered,  modified  or  amended  order  shall 
take  the  place  of  the  original  order  complained  of,  and 
judgment  or  decree  shall  be  rendered  thereon,  as 
though  made  by  the  commission  in  the  first  instance. 
If  the  original  order  shall  not  be  rescinded  or  changed 
by  the  commission,  judgment  shall  be  rendered  upon 
fiuch   original  order. 

Appeal  to  Supreme  Court.  §  6913.  Either  party  to  said 
suit,  within  60  days  after  the  entry  of  the  judgment  or 
decree  of  the  Circuit  Court,  may  appeal  to  the  Supreme 
Court.  Where  an  appeal  is  taken  the  cause  shall,  on 
the  return  of  the  pap'ers  to  the  Supreme  Court,  be 
Immediately  placed  on  the  calendar  of  the  then  pending 
term,  and  shall  be  assigned  and  brought  to  a  hearing  in 
the  same  manner  as  other  causes  on  the  calendar,  but 
shall  have  precedence  over  civil  causes  of  a  different 
nature   pending   in   said  court. 

Service  of  process — Practice  and  rules  of  evidence — Com- 
pensation for  service.  §  6914.  In  all  suits,  actions,  and 
proceedings  in  court  arising  under  this  Act  all  processes 
shall  be  served,  and  the  practice  and  rules  of  evidence 
Bhall  be  the  same  as  in  civil  actions,  except  as  other- 
wise in  this  Act  provided.  Every  sheriff  or  other  officer 
empowered  to  execute  civil  processes  shall  execute  any 
process  issued  under  the  provisions  of  this  Act,  and 
shall  receive  such  compensation  therefor  as  may  be 
prescribed  by  law  for  similar  services. 


Immunity  to  witness — Witnesses  not  excused  from  testi- 
fying. §  6915.  No  person  shall  be  excused  from  testifying 
or  from  producing  books  and  papers  in  any  proceedings 
based  upon  or  growing  out  of  any  violation  of  the  pro- 
visions of  this  Act  on  the  ground  or  for  the  reason  that 
the  testimony  or  evidence,  documentary  or  otherwise, 
required  of  him  may  tend  to  incriminate  him  or  subject 
him  to  penalty  or  forfeiture,  but  no  person  having  so 
testified  shall  be  prosecuted  or  subjected  to  any  penalty 
or  forfeiture  for,  or  on  account  of,  any  transaction, 
matter  or  thing  concerning  which  he  may  have  testified 
or  produced  any  documentary  evidence;  provided,  that 
no  person  so  testifying  shall  be  exempted  from  prosecu- 
tion or  punishment  for  perjury  in  so  testifying;  and 
provided,  the  immunity  hereby  conferred  shall  extend 
only  to  a  natural  person  who,  in  obedience  to  a  sub- 
poena, gives  testimony  under  oath  or  produces  evidence, 
documentary   or   otherwise,   under   oath. 

Certified  copies  of  orders  to  be  furnished — Prima  facie 
evidence.  §  6916.  Upon  application  of  any  person  the  com- 
mission shall  furnish  certified  copies,  under  the  seal  o' 
the  commission,  of  any  order  made  by  it,  which  shall 
be  prima  facie  evidence  of  the  facts  stated   therein. 

Commission  to  inquire  into  management  of  business  of 
railroads — Information  to  be  obtained  from  railroads. 
§  6917.  The  commission  shall  have  authority  to  inquire  intii 
the  management  of  the  business  of  all  railroads,  and 
shall  keep  itself  informed  as  to  the  manner  and  methoc, 
in  which  the  same  is  conducted,  and  shall  have  th«- 
right  to  obtain  from  any  railroad  all  necessary  informa- 
tion to  enable  the  commission  to  perform  the  duties  QSI 
carry   out   the   objects   for  which   it   was   created.  f  || 

Blanks   to  be  prepared,  furnished  to,  and  answered  by 
railroads — Annual  reports  required.    §  6918.    Every  railroad 
subject  to   the  provisions   of  this   Act  shall   annually,  oi 
or   before    the    fifteenth    day    of   September,   unless    addi 
tlonal  time  be  granted,  file  with  the  commission  a  repor 
verified   by   such  railroad,  or  by  its  president,  vice-presi 
dent,    treasurer,    comptroller,    auditor,    or    receiver,    man 
aging  partner,  or  agent,  or  owner,  in  such   form   as   thi 
commission    may    prescribe,     covering    the    year    endinr 
June  30  next  preceding,  and  showing  in  detail  the  amoun 
of    capital    stock    issued;     the    amount    and    manner    o' 
payment   therefor;   the   dividends  paid,   the   surplus   fund, 
if    any;     the    number    of    stockholders,    the    funded    an( 
floating    debts,    and    the    interest    paid    or   due    thereon 
the   cost   and   value   of   all   the  railroad's    property,    fran 
chises    and    equipments;     the    number    of    employes    ami 
officers,   and  the  salary  and  wages   paid   each   class;    th^ 
amounts  expended  for  Improvements,  how  expended,  an' I 
the   character   of   such    improvements;    the   earnings    anl 
receipts    from    each    branch    of    business    and    from    all 
other    sources;    the    operating    and    other    expenses;    th ! 
baiance    of    profit    or    loss;    and    a    complete    exhibit    of 
the    financial    operations    of    the    year,    with    an    annual 
balance   sheet,   the    amount   of   land   received   as   grant! 
from  the  State  and  from  the  United  States;    the  amount 
of  land   sold   and  the   average  price   received   per  acre; 
the    amount    unsold    and     its    average     appraised     valuj 
per  acre;    information  in  regard  to  rates  and  regulations 
concerning  fares   and   freight;    agreements,   arrangementi;, 
or  contracts  with  express,  telegraph,  sleeping  and  dinin? 
car    companies,    fast    freight   lines,    and    other    railroads 
and    common    carriers,    and    such    other    matters    as    the 
commission   may   require;    and   any   such   railroad    failing 
to  make  such   report  shall   forfeit  to  the   State,   for  eacli 
day's  default,   flOO,  to  be   recovered   in   a   civil   action   ia 
the    name    of    the    State    of    Oregon.      The    commission 
shall  cause   to  be   prepared   suitable   blanks   for   the   pur- 
poses   designated    in    this    Act,    which    shall    conform    fs 
nearly    as    practicable    to    the    forms    prescribed    by    tte 
Interstate  Commerce  Commission,  and  shall,  when  neces- 
sary,   furnish    such    blanks    to    each    railroad.      Any    ra  1- 
road    receiving    from    the    commission    any    such    blanks, 
shall    cause    the    same    to    be    properly    filled    out    so    as 
to    answer    fully    and    correctly    each    question    therein 
propounded,    and    in    case    it    is    unable    to    answer    any 
question    it    shall   give    a   good    and    sufficient   reason   for 
such   failure;    and    said    answer   shall    be    verified    undsr 
oath  by  the   proper  officer  of  said   railroad   and   returned 
to  the  commission  at  its  office  within  the  time  fixed  by 
the  commission. 


Public  Service  Laws 


1155 


Commissioners  or  persons  designated  to  have  access  to 
books  and  papers,  and  may  examine  railroad  officers,  agents 
or  employes.  §  6919.  The  commission  or  any  commis- 
sioner, or  any  person  or  persons  employed  by  the  com- 
mission for  that  purpose,  shall,  upon  demand,  have  the 
right  to  Inspect  the  books  and  papers  of  any  railroad  and 
to  examine  under  oath  any  officer,  agent  or  employe 
of  such  railroad  in  relation  to  its  business  and  affiairs; 
provided,  that  any  person  other  than  one  of  said  commis- 
sioners who  shall  make  such  demand  shall  produce  his 
authority  to  make  such  Inspection  under  the  hand  of  the 
commissioner,  or  of  the  secretary,  and  under  the  seal  of 
said   commission. 

Books  and  papers  to  be  produced  before  commission 
when  required — Verified  copies.  §  6920.  The  commission 
may  require,  by  order  or  subpoena,  to  be  served  on  any 
railroad  in  the  same  manner  that  a  summons  is  served 
in  a  civil  action  in  the  Circuit  Court,  the  production 
within  this  State,  at  such  time  and  place  as  it  may  des- 
ignate of  any  books,  papers  or  accounts  kept  by  said 
railroad  in  any  office  or  place  without  the  State  of  Ore- 
gon, or  verified  copies  in  lieu  thereof,  if  the  commission 
shall  so  order,  in  order  that  an  examination  thereof 
may  be  made  by  the  commission  or  under  its  direction; 
any  railroad  failing  or  refusing  to  comply  with  any  such 
order  or  subpoena  shall  for  each  day  it  shall  so  fail 
or  refuse,^  forfeit  and  pay  into  the  State  treasury  a  sum 
of  not  less  tnan  $100   nor  more  than   $1,000. 

Uniform  system  of  accounting.  §  6921.  The  railroad 
commission  may,  in  its  discretion,  prescribe  a  uniform 
system  of  rendering  accounts  of  business  transacted  in 
Oregon  by  all  railroads  within  the  meaning  of  §  6886. 
Said  commission  may  also  prescribe  the  manner  in  which 
such  accounts  may  be  kept,  and  the  time  within  which 
such  railroads  shall  adopt  such  system;  provided,  that 
all  forms  of  accounts  which  may  be  prescribed  by  the 
commission  shall  conform  as  nearly  as  practicable  to 
similar  forms   prescribed  by  Federal  authority. 

Copies  of  contracts  to  be  delivered  to  commission. 
§  6922.  Every  railroad,  whenever  required  by  the  commis- 
sion, shall,  within  a  time  to  be  fixed  by  the  commission, 
deliver  to  the  commission  for  its  use  copies  of  all  con- 
tracts which  relate  to  the  transportation  of  persons  or 
property,  or  any  service  in  connection  therewith,  made 
or  entered  into  by  It  with  any  other  railroad,  car  com- 
pany, equipment  company,  express  or  other  transporta- 
tion company,  or  any  shipper  or  shippers,  or  other 
person  or  persons  doing  business  with  it. 

List  of  passes  to  be  furnished  to  commission  annually. 
§  6923.  Every  railroad  shall,  on  the  first  Monday  in  Febru- 
ary in  each  year,  and  oftener  it  required  by  the  com- 
mission, file  with  the  commission  a  verified  list  of  all 
railroad  tickets,  passes,  and  mileage  books  issued  free 
or  for  other  than  actual  bona  fide  money  consideration 
at  full  established  rates  during  the  preceding  year,  to- 
gether with  the  names  of  the  recipients  thereof,  the 
amounts  received  therefor,  mileage  thereof,  and  the  rea- 
sons for  issuing  the  same.  This  provision  shall  not  apply 
to  the  sale  of  tickets  at  reduced  rates  open  to  the  public, 
nor  to  tickets,  passes  or  mileage  books  issued  to  per- 
sons not  residents  of  this  State,  nor  to  tickets,  passes 
or  mileage  books  issued  prior  to  the  passage  of  this  Act, 
and  the  railroad  commission,  in  its  discretion,  may  ex- 
empt any  carrier  from  furnishing  a  statement  of  trip 
passes  issued  to  persons  regularly  and  exclusively  in  its 
employ,  but  such  carrier  shall  preserve  a  record  of  all 
such  passes  which  shall  be  open  to  the  inspection  of  the 
railroad  commission  for  a  period  of  two  years  after  the 
issuance  thereof. 

Annual  report — Commission  to  ascertain  cost  of  con- 
struction and  replacement — Indebtedness  and  disposition  of 
proceeds  thereof — Gross  and  net  income — Salaries  and 
wages— Hours  of  service.  §  6924.  The  commission  shall 
report  to  the  governor  annually  on  or  before  December 
15,  and  at  any  other  times  required  by  him,  their  doings 
for  the  preceding  year,  with  such  facts,  statements  and 
explanations  as  will  show  the  actual  workings  of  the 
system  of  railroad  transportation  of  the  State,  its  bear- 
ings on  the  business  and  prosperity  of  the  people,  and 
such  suggestions  relative  thereto  as  it  shall  deem  proper. 
It  shall  also  recommend  to  the  governor  any  amendment 
of  the  railroad  laws  which  it  shall  deem  advisable,  and. 


when  directed  by  the  governor,  shall  investigate  any 
matter  subject  to  its  supervision  and  report  thereon. 
All  such  reports  shall  be  transmitted  to  the  legislative 
assembly  by  the  governor  as  soon  as  practicable.  The 
commission  shall  ascertain  from  time  to  time  as  nearly 
as  practicable,  the  amount  of  money  expended  in  the 
construction  and  equipment  of  every  railroad,  the  amount 
of  money  expended  to  procure  the  right  of  way,  also  the 
amount  of  money  it  would  require  to  secure  the  right  of 
way,  reconstruct  the  roadbed,  track,  depots  and  other 
facilities  for  transportation,  and  to  replace  all  the  phy- 
sical properties  belonging  to  the  railroad.  It  shall  ascer- 
tain the  outstanding  bonds,  debentures  and  indebtedness 
and  the  amounts  respectively  thereof,  the  date  when 
Issued,  to  whom  issued,  to  whom  sold,  the  price  paid  in 
cash,  property  or  labor  therefor,  what  disposition  was 
made  of  the  proceeds,  by  whom  the  indebtedness  is  held, 
60  far  as  ascertainable,  the  amount  purporting  to  be  due 
thereon,  the  floating  indebtedness  of  the  railroad,  the 
credits  due  the  railroad,  other  property  on  hand  belong 
Ing  to  it,  the  judicial  or  other  sales  of  said  road,  its 
property  or  franchises,  and  the  amounts  inirporting  to 
have  been  paid  and  in  what  manner  paid  therefor.  The 
commission  shall  also  ascertain  the  gross  and  net  in- 
come of  the  railroad  from  all  sources  in  detail;  the 
amount  paid  for  salaries  to  the  officers  of  the  road,  and 
the  wages  paid  to  its  employes,  and  the  maximum  hours 
of  continuous  service  required  of  each  class.  Whenever 
the  information  required  by  this  section  is  obtained,  it  shall 
be  printed  in  the  annual  report  of  the  commission.  In 
making  such  investigation  the  commission  may  avail 
Itself  of  any  information  in  possession  of  any  State  board 
or  officer. 

Investigation  of  interstate  rates — Proceedings  before  In- 
terstate Commerce  Commission.  §  6925.  The  commission 
shall  have  power,  and  it  is  hereby  made  its  duty  to  in- 
vestigate all  freight  rates  on  interstate  traffic  on  rail- 
roads in  this  State,  and  when  the  same  are,  in  the  opin- 
ion of  the  commission,  excessive  or  discriminatory  or 
are  levied  or  laid  in  violation  of  the  interstate  commerce 
law,  or  in  conflict  with  the  rulings,  orders  or  regulations 
of  the  Interstate  Commerce  Commission,  the  commission 
shall  present  the  facts  to  the  railroad,  with  a  request 
to  make  such  changes  as  the  commission  may  advise, 
and  if  such  changes  are  not  made  within  a  reasonable 
time  the  commission  shall  apply  by  petition  to  the  Inter- 
state Commerce  Commission  for  relief.  All  freight  tariffs 
issued  by  any  such  railroad  relating  to  interstate  traffic 
In  this  State  shall  be  filed  in  the  office  of  the  commis- 
sion within  30  days  after  the  passage  and  publication 
of  this  Act,  and  all  such  tariffs  thereafter  issued  shall  be 
filed   with   the   commission   when   issued. 

Discrimination  and  rebates  forbidden.  §  6926.  If  any 
railroad  or  any  agent  or  officer  thereof,  shall  directly 
or  indirectly,  by  any  special  rate,  rebate,  drawback  or  by 
means  of  any  false  billing,  false  classification,  false 
weighing,  or  by  any  other  device  whatsoever,  charge, 
demand,  collect,  or  receive  from  any  persons,  firm  or 
corporation  a  greater  or  less  compensation  for  any  serv- 
ice rendered  or  to  be  rendered  by  it  for  the  transporta- 
tion of  persons  or  property,  or  for  any  service  in  con- 
nection therewith,  than  that  prescribed  in  the  published 
tariffs  then  in  force,  or  established  as  provided  herein, 
or  than  It  charges,  demands,  collects  or  receives  from  any 
other  person,  firm  or  corporation  for  a  like  and  con- 
temporaneous service  under  substantially  similar  circum- 
stances and  conditions,  such  railroad  shall  be  deemed 
guilty  of  unjust  discrimination,  which  is  hereby  pro- 
hibited and  declared  to  be  unlawful,  and  upon  conviction 
thereof  shall  forfeit  and  pay  into  the  State  treasury  not 
less  than  $100  nor  more  than  $10,000  for  each  offense; 
and  any  agent  or  officer  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $100  nor 
more  than  $1,000  for  each  offense;  provided,  that  the 
commission  may,  for  cause  shown,  and  after  investiga- 
tion, In  special  cases  permit  the  collection  of  a  greater 
sum  for  the  lesser  than  for  the  longer  distance  over  the 
same  line.  It  shall  be  unlawful  for  any  railroad  to  de- 
mand, charge,  collect  or  receive  from  anv  person,  firm 
or  corporation  a  less  compensation,  for  the  transporta- 
tion of  property  or  for  any  service  rendered  or  to  be 
rendered   by   said    railroad,    in   consideration   of   said    per- 


1156 


National  Association  of  Railway  Commissioners 


son,  firm  or  corporation  furnishing  any  part  of  the 
facilities  incident  thereto;  provided,  nothing  herein  shall 
be  construed  as  prohibiting  any  railroad  from  renting 
any  facilities  incident  to  transportation  and  paying  a 
reasonable  rental  therefor. 

Preferences  prohibited.  §  6927.  If  any  railroad  shall 
make  or  give  any  undue  or  unreasonable  preference  or 
advantage  to  any  particular  person,  firm  or  corporation, 
or  shall  subject  any  particular  person,  firm,  or  corporation, 
or  particular  description  of  traffic  to  any  undue  or  unrea- 
sonable prejudice  or  disadvantage  in  any  respect  what- 
soever, such  railroad  shall  be  deemed  guilty  of  unjust 
discrimination,  which  is  hereby  prohibited  and  declared 
unlawful;  provided,  this  section  shall  not  prohibit  any 
railroad  from  giving  necessary  preference  to  live  stock 
and  perishable  freight  over  other  freight. 

Preferences  as  to  localities  prohibited.  §  6928.  If  any 
railroad,  as  the  same  is  defined  in  §  6886  [L.  O.  L.],  shall 
make  or  give  any  undue  or  unreasonable  preference  or 
advantage  to  any  particular  locality,  or  shall  subject  any 
particular  locality  to  any  undue,  unreasonable  prejudice 
or  disadvantage  in  any  respect  whatsoever,  such  railroad 
shall  be  deemed  guilty  of  unjust  discrimination,  which  is 
hereby  prohibited  and  declared  unlawful;  provided,  this 
section  shall  not  prohibit  any  railroad  from  giving  neces- 
sary preference  to  live  stock  and  perishable  freight  over 
other  freight. 

Commission  to  regulate  discriminatory  charge  or  prac- 
tice. §  6929.  Whenever,  after  hearing  and  investigation  as 
provided  by  §§  6906,  6907  and  6908,  the  Railroad  Com- 
mission of  Oregon  shall  find  that  any  charge,  regulation 
or  practice  affecting  the  transportation  of  passengers  or 
property  or  any  service  in  connection  therewith  is  un- 
justly discriminatory  against  any  locality,  it  shall  have 
the  power  to  regulate  same  as  provided  in  said  §§  6906, 
6907   and   6908. 

Railroad  not  to  limit  liability  for  live  stock  except  by 
order  of  commission.  §  6930.  No  railroad,  as  the  same  is 
defined  in  §  6886,  shall,  by  any  contract  or  agreement, 
except  as  otherwise  provided  by  regulation  or  order  of 
the  railroad  commission,  change  or  limit  its  common  law 
liability  In  the  matter  of  receiving,  handling  and  deliv- 
ering of  live  stock  transported  or  to  be  transported  over 
its  lines  between  points  wholly  within  the  State  of  Ore- 
gon, and  all  provisions  contained  in  any  such  contract  or 
agreement  shall  be  just  and  reasonable. 

Commission  may  prescribe  uniform  live  stock  contract. 
I  69o±.  The  railroad  commission  shall,  after  due  notice  and 
hearing,  prescribe  a  uniform  live  stock  contract,  which 
shall  be  just  and  reasonable,  and  which  shall,  within  30 
days  thereafter,  be  used  by  all  railroads  when  shipments 
of  live  stock  are  offered  between  points  wholly  within 
the  State  of  Oregon. 

Forfeiture  by  railroad  failing  to  comply.  §  6932.  Any 
railroad  which,  after  having  received  due  notice  from  the 
railroad  commission,  shall  neglect  or  refuse  to  comply 
with  the  provisions  of  the  preceding  section,  shall,  for 
every  day  it  fails,  neglects  or  refused  to  comply  there- 
with, forfeit  and  pay  the  sum  of  $100,  which  may  be 
recovered  in  the  name  of  the  State  in  an  action  brought 
in  the  Circuit  Court  of  the  State  of  Oregon  in  the  county 
wherein   such   shipment   may   originate. 

Unlawful  to  accept  rebates.  §  6933.  It  shall  be  unlawful 
for  any  person,  firm  or  corporation  knowingly  to  accept 
or  receive  any  rebate,  concession  or  discrimination  in 
respect  to  transportation  of  any  passenger  or  property 
wholly  within  this  State,  or  for  any  service  in  connection 
therewith,  whereby  any  such  property  shall,  by  any  de- 
vice whatsoever  be  transported  at  a  less  rate'  than  that 
named  in  the  published  tariffs  in  force  as  provided  here- 
in, or  whereby  any  service  or  advantage  is  received  other 
than  is  herein  specified.  Any  person,  firm  or  corpora- 
tion violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  $50 
nor  more  than   $1,000   for  each  offense. 

Treble  damages  to  injured  persons — Attorney's  fees. 
5  6934.  If  any  railroad  shall  do  or  cause  to  be  done  or  per- 
mit to  be  done  any  matter,  act  or  thing  in  this  Act  pro- 
hibited, or  declared  to  be  unlawful,  or  shall  omit  to  do 
any  act,  matter  or  thing  required  to  be  done  by  it,  such 
railroad  shall  be  liable  to  the  person,  firm  or  corporation 


injured  thereby  in  treble  the  amount  of  damages  sue 
tained  in  consequence  of  such  violation,  together  witl 
a  reasonable  counsel  or  attorney's  fee,  to  be  fixed  b; 
the  court  in  every  case  of  recovery,  which  attorney's  fe^ 
shall  be  taxed  and  collected  as  part  of  the  costs  in  thi 
case;  provided,  that  any  recovery  as  in  this  section  pro 
vided,  shall  in  no  manner  affect  a  recovery  by  the  Stat 
of  the  penalty  prescribed  for  such  violation,  and  tha 
the  damages  provided  in  §  6904,  awarded  the  aggrievei 
party  by  reason  of  cars  not  being  furnished  when  appliei 
for  shall  be  in  lieu  of  the  treble  damages  awarded  b; 
this  section. 

Penalty  for  violation  by  officers,  agents,  or  employes 
§  6935.  Any  officer,  agent  or  employe  of  any  railroad  whi 
shall  fail  or  wilfully  refuse  to  fill  out  and  return  an: 
blanks  as  required  by  this  Act,  or  shall  fail  or  refuse  t! 
answer  any  questions  therein  propounded,  or  shall  know 
ingly  or  wilfully  give  a  false  answer  to  any  such  quea 
tion,  or  shall  evade  the  answer  to  any  such  question 
where  the  fact  inquired  of  it  within  his  knowledge,  oi 
who  shall,  upon  proper  demand,  fail  or  wilfully  refusi 
to  exhibit  to  the  commission  or  any  commissioner,  oi 
any  person  authorized  to  examine  the  same,  any  book 
paper  or  account  of  such  railroad,  which  is  in  his  pos 
session  or  under  his  control,  shall  be  deemed  guilty  o 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun 
Ished  by  a  fine  of  not  less  than  $100  nor  more  than  $1,('0( 
for  each  such  offense;  and  a  penalty  of  not  less  thai 
$500  nor  more  than  $1,000  shall  be  recovered  from  1h< 
railroad  for  each  such  offense  when  such  ofllcer,  agt  n' 
or  employe  acted  in  obedience  to  the  direction,  instr  ic 
tlon  or  request  of  such  railroad,  or  any  general  offi<  ei 
thereof. 

General  provision  for  penalty  for  violation  by  railroa  Is 
§6936.  If  any  railroad  shall  violate  any  provision  of  till 
Act,  or  shall  do  any  act  herein  prohibited,  or  shall  f  lil 
or  refuse  to  perform  any  duty  enjoined  upon  it,  ;oi 
which  a  penalty  has  not  been  provided,  or  shall  fi  11 
neglect  or  refuse  to  obey  any  lawful  requirement,  ore  ei 
made  by  the  commission,  or  any  judgment  or  deciee 
made  by  any  court  upon  its  application,  for  ev<  r> 
such  violation,  failure  or  refusal,  such  railroad  sh  ill 
forfeit  and  pay  into  the  State  treasury  a  sum  of  i  ol 
less  than  $100  nor  more  than  $10,000  for  such  offen  e 
In  construing  and  enforcing  the  provisions  of  this  s  c- 
tion,  the  act,  omission  or  failure  of  any  officer,  age  it 
or  other  person  acting  for  or  employed  by  any  rallro:  d, 
acting  within  the  scope  of  his  employment,  shall  in 
every  case  be  deemed  to  be  the  act,  omission  or  faih  re 
of  such  railroad.  All  penalties,  fines  or  forfeitures,  or 
other  sums  collected  or  paid,  under  the  provisions  ol 
this  Act,  shall  be  paid  into  the  general  fund  of  the  St:  te 
treasury,  except  where  it  is  provided  the  same  shall  be 
paid   to   the   aggrieved   party. 

Emergency  rates  permitted  on  order  of  commissi  >». 
§  6937.  The  commission  shall  have  power  when  deemed  by 
it  necessary  to  prevent  injury  to  the  business  or  in- 
terests of  the  people  or  railroads  of  this  State  in  cm- 
sequence  of  interstate  rate  wars,  or  in  case  of  any 
other  emergency  to  be  judged  of  by  the  commission  to 
temporarily  alter,  amend,  or,  with  the  consent  of  i  he 
railroad  company  concerned,  suspend  any  existing  pas- 
senger rates,  freight  rates,  schedules  and  orders  on  f  ny 
railroad  or  part  of  railroad  in  this  State.  Such  ra  es 
so  made  by  the  commission  shall  apply  on  one  or  more 
of  the  railroads  in  this  State  or  any  portion  t her -of 
as  may  be  directed  by  the  commission,  and  shall  t:  ke 
effect  at  such  time  and  remain  in  force  for  such  len  ;th 
of  time   as  may   be   prescribed   by   the  commission. 

Rates,  charges,  and  practices'  not  specifically  designaled 
may  be  prescribed.  §  6938.  Whenever,  after  hearing  iirid 
investigation,  as  provided  by  this  Act,  the  commission 
shall  find  that  any  charge,  regulation,  or  practice  affect- 
ing the  transportation  of  passengers  or  property,  or 
any  service  in  connection  therewith,  not  hereinbef-ire 
specifically  designated,  is  unreasonable,  or  unjustly  'lis- 
criminatory,  it  shall  have  the  power  to  regulate  the 
same  as  provided  §  §  6906  and  6908. 

Accidents  to  be  reported — Investigation  by  commiss'on. 
S  6939.  Every  railroad  shall,  whenever  an  accident  attended 
with  loss  of  human  life  or  limb,  or  with  serious  Injury 
to  person  or  property,  occurs  within  this  State  upon  itg 


Public  Seuvice  liAws 


1167 


line  of  road  or  on  Its  depot  grounds  or  yards,  give  Ira- 
mediate  notice  thereof  to  the  commission,  stating  the 
particulars  thereof;  provided,  that  neither  said  report 
nor  any  part  thereof  shall  be  used  as  evidence  or  used 
for  any  purpose  against  such  railroad  so  making  such 
report  in  any  suit  or  action  for  damages  growing  out 
of  any  matter  mentioned  in  said  reiwrt.  In  the  event  of 
any  such  accident  the  commission,  if  it  deem  the  public 
interest  requires  it,  shall  cause  an  investigation  to  be 
made  forthwith,  which  investigation  shall  be  held  in  the 
locality  of  the  accident,  unless,  for  greater  convenience 
of  those  concerned,  it  shall  order  such  investigation  to 
be  held  at  some  other  place,  and  said  investigation 
may  be  adjourned  from  place  to  place  as  may  be  found 
necessary  and  convenient.  The  commission  shall  sea- 
sonably notify  an  officer  or  station  agent  of  the  com- 
pany of  the  time  and  place  of  the  investigation.  The 
cost  of  such  investigation  shall  be  certified  by  the 
commission  and  the  same  shall  be  audited  and  paid  by 
the  State  in  the  same  manner  as  other  expenses  are 
audited   and   paid. 

Inquiry  into  violations  of  railroad  Jaics — Institution  of 
proceedings  for  enforcement  of  laivs — Where  forfeitures  re- 
coverahle.  §  6940.  The  commission  shall  inquire  into  any 
neglect  or  violation  of  the  laws  of  this  State  by  any 
railroad  corporation  doing  business  therein,  or  by  the 
officers,  agent,  or  employes  thereof,  or  by  any  person 
operating  a  railroad,  and  shall  have  the  power,  and  It 
shall  be  its  duty  to  enforce  the  provisions  of  this  Act 
as  well  as  all  other  laws  relating  to  railroads  ^nd 
report  all  violations  thereof  to  the  attorney-general; 
upon  the  request  of  the  commission  it  shall  be  the  duty 
of  the  attorney-general  or  the  prosecuting  attorney  of 
the  proper  county  to  aid  in  any  investigation,  hearing 
or  trial  had  under  the  provisions  of  this  Act,  and  to 
institute  and  prosecute  all  necessary  actions  or  proceed- 
ings for  the  enforcement  of  this  Act  or  the  recovery 
of  penalties  payable  to  the  State,  and  of  all  other  laws 
of  this  State  relating  to  railroads,  and  for  the  punish- 
ment of  all  violations  thereof.  Any  forfeiture  or  penalty 
herein  provided  shall  be  recovered  by  an  action  ijrought 
thereon  in  the  name  of  the  State  of  Oregon  in  any 
court  of  appropriate  jurisdiction.  The  commission  shall 
have  authority  to  employ  special  counsel  in  any  proceed- 
ing, investigation,  hearing  or  trial,  and  to  fix  their 
compensation. 

Investigation  of  claims  against  railroads.  S  6941.  All 
claims  against  any  railroads  for  loss  of  or  damage  to 
property  from  any  cause,  or  for  overcharge  upon  any 
shipments,  or  for  any  other  service,  if  not  acted  upon 
within  90  days  from  the  date  of  filing  of  such  claim 
with  the  railroad,  may  be  Investigated  by  the  commis- 
sion, in  its  discretion,  and  the  results  of  such  investiga- 
tion shall  be  embodied  in  a  special  report  which  shall 
be  opened  to  the  public  inspection  and  may  be  included 
in    the    next   annual    report    of    the    commission. 

Action  of  commission  to  tie  valid  notwithstanding  tech- 
nical irregularity — Liberal  construction  of  Act.  §  6942. 
A  substantial  compliance  with  the  requirements  of  this 
Act  shall  be  sufficient  to  give  effect  to  all  the  rules, 
orders.  Acts  and  regulations  of  the  commission,  and  they 
shall  not  be  declared  inoperative,  illegal  or  void  for  any 
omission  of  a  technical  nature  in  respect  thereto.  The 
provisions  of  this  Act  shall  be  liberally  construed  with 
a  view  to  the  public  welfare,  efficient  transportation 
facilities,  and  substantial  justice  between  shippers  and 
passengers   and   railroads. 

Rights  of  action  not  waived  by  this  Act.  §  6943.  This 
Act  shall  not  have  the  effect  to  release  or  waive  any 
right  of  action  by  the  State  or  by  any  person  for  any 
right,  penalty  or  forfeiture  which  may  have  arisen  or 
which  may  hereafter  arise  under  any  law  of  this  State; 
and  all  penalties  and  forfeiture  accruing  under  this  Act 
shall  be  cumulative,  and  a  suit  for  and  recovery  of 
one  shall  not  be  a  bar  to  the  recovery  of  any  other 
penalty. 

Duties  and  liabilities  same  as  at  common  lato,  where 
statute  silent.  §  6944.  The  duties  and  liabilities  of  the 
railroads  defined  in  §  6886  shall  be  the  same  as  are  pre- 
scribed by  the  common  law,  and  the  remedies  against 
them  the  same,  except  where  otherwise  provided  by  the 


constitution  or  statutes  of  this  State,  and  the  provisions 
of   this   Act   are   cumulative    thereto. 

Effective  schedule  continued  in  force  until  April  1,  1907. 
§  6945.  Until  April  1,  1907,  unless  the  commission  shall 
otherwise  order,  after  application  and  hearing  as  here- 
inafter provided,  it  shall  be  unlawful  for  any  railroad 
within  the  State  to  demand,  collect,  or  receive,  a  greater 
compensation  for  the  transportation  of  property  betweert 
points  in  this  State  than  the  charge  fixed  in  the  lowest 
published  or  effective  schedule  of  rates  for  the  same 
service  between  the  same  points,  in  force  on  the  first 
day  of  January,  1907.  Every  railroad  in  this  State 
shall  within  thirty  days  after  the  taking  effect  of  this 
Act,  file  in  the  office  of  the  commission  copies  of  all 
schedules  of  rates,  including  joint  rates  in  force  on 
its  line  or  lines,  between  points  within  this  State,  on 
the  first  day  of  January,  1907.  and  all  rates  in  force 
between  such  points  at  any  time  subsequent  to  said 
date.  Any  railroad  desiring  to  advance  or  discontinue 
any  such  rate  or  rates  may  make  application  to  the 
commission  in  writing,  stating  the  advance  in  or  dis- 
continuance of  the  rate  or  rates  desired,  giving  the 
reasons  for  such  advance  or  discontinuation.  Upon 
receiving  such  application  the  commission  shall  fix  the 
time  and  place  for  hearing,  and  give  such  notice,  to 
interested  parties  as  it  shall  deem  proper  and  reason- 
able. If,  after  such  hearing  and  investigation,  the  com- 
mission shall  find  that  the  change  or  discontinuation 
applied  for  is  reasonable,  fair  and  just,  it  shall  gran< 
the  application  either  in  whole  or  in  part.  Any  railroad 
being  dissatisfied  with  any  order  of  the  commission 
made  under  the  provisions  of  this  section  may  commence 
a  suit  against  it  in  the  Circuit  Court  of  the  State  of 
Oregon  for  Marion  County  in  the  manner  provided  in  §  6910, 
which  suit  shall  be  tried  and  determined  in  the  same 
manner  as  is  provided  in  §  §  6910,  6911,  6912  and  6913. 

INSPECTION  AND  SEALING  OF  KAILEOAD  TRACK  SCALES 1911. 

Commission  to  inspect  and  seal  railroad  track  scales — 
Payment  of  cost  of  inspection  by  railroads.  §  1.  All  track 
scales  used  by  railroads  within  this  State  for  the  pur- 
pose of  weighing  cars  or  freight  offered  tor  shipment  in 
carload  lots  shall  be  under  the  jurisdiction  of  the  rail- 
road commission  of  Oregon,  and  subject  to  its  inspection. 
It  shall  be  the  duty  of  said  commission  from  time  to  time 
to  test  and  inspect  all  such  scales,  and  to  cause  such 
scales  to  be  put  in  an  accurate  condition.  Said  commis- 
sion shall  approve  a  suitable  sealing  device,  and  cause 
all  track  scales  inspected  under  the  provisions  hereof 
to  be  officially  sealed  with  such  device,  when  such  scales 
are  found  or  made  to  be  accurate.  The  said  commission 
shall  ascertain  and  declare  the  reasonable  cost  of  making 
each  inspection,  and  certify  the  same  to  the  secretary 
of  State  and  the  railroad  operating  the  scale  inspected, 
whereupon  it  shall  be  the  duty  of  the  corporation  or  per- 
son operating  such  track  scale  to  pay  the  cost  of  said 
inspection  as  so  declared  into  the  State  treasury. 

Changing,  breaking,  or  tampering  with  seal  a  misde- 
meanor— Penalty.  §  2.  Any  person  who  shall  break  or 
tamper  with  or  cause  to  be  changed,  broken  or  tam- 
pered with,  the  sealing  device  or  sealing  thereof  after 
the  same  has  been  installed  or  inspected  by  any  commis- 
sioner or  inspector  of  the  railroad  commission  of  Ore- 
gon shall  be  deemed  guilty  of  a  misdemeanor. 

Commission  may  procure  equipment  'and  employ  experts 
— Apparatus  to  be  transported  free.  §  3.  The  railroad 
commission  of  Oregon  is  hereby  authorized  and  directed 
to  procure  by  purchase,  lease  or  otherwise,  necessary 
apparatus  to  make  the  tests  and  inspections  herein  pro- 
vided, and  to  employ  the  necessary  experts  and  inspectors 
therefor,  and  to  fix  their  compensation.  All  such  appa- 
ratus shall  be  transported  free  by  every  railroad  in  this 
State,  when  necessary  for-  the  purpose  of  making  the 
tests  and   inspections  herein  provided. 

OF  THE  SALE  AND  KEUEMPTION   OF  RAILWAY  TICKETS. 

Ticket  agents  to  be  provided  with  certificates.  §  6950. 
It  shall  be  the  duty  of  the  owner  or  owners  or  person  or 
persons  operating  any  railroad  to  provide  every  agent 
who  may  be  authorized  to  sell  its  tickets  or  other  evi- 
dence of  a  right  to  travel  upon  any  railroad,  with  a 
certificate  setting  forth  the  authority  of  such  agent  to 
make  such  sale.     Such  certificate  shall  be  duly  attested 


1158 


National  Association  of  Railway  Commissioners 


by  the  corporate  seal  o(  the  owner  of  such  railroad  or 
of  the  corporation  operating  the  same,  and  by  the  sig- 
nature of  the  manager,  secretary  or  general  passenger 
agent   of   said   railroad. 

Agent  to  have  fixed  place  of  business  where  certificate 
displayed.  §  6951.  Every  agent,  person,  firm,  or  corporation 
engaged  in  selling,  issuing,  or  dealing  in  railroad  pas- 
senger transportation  in  this  State,  must  have  a  fixed 
place  of  business  in  the  town  or  city  wherein  such  agent, 
person,  firm,  or  corporation  transacts  said  business,  and 
such  agent,  person,  firm,  or  corporation  is  hereby  re- 
quired to  keep  the  certificate  mentioned  in  §  6950  posted 
in  a  conspicuous  place  in  such   place  of  business. 

Unlawful  to  sell  tickets  without  certificate.  §  6952.  It 
shall  be  unlawful  for  any  person,  firm,  partnership,  cor- 
poration, or  association  of  any  kind  who  is  not  possessed 
of,  and  who  has  not  posted  tiie  certificate  of  authority  as 
prescribed  in  §  §  6950  and  6951,  to  sell  or  exchange  or 
transfer,  or  to  offer  for  sale  or  exchange  or  transfer, 
the  whole  or  any  part  of  any  railroad  ticket  or  pass,  or 
other  evidence  of  a  right  to  travel  upon  any  railroad, 
whether  the  same  be  situated  or  operated  or  owned 
within  or  without  the  limits  of  this   State. 

Unlawful  to  maintain  office  for  sale  of  tickets  without 
certificate.  §  6953.  It  shall  be  unlawful  for  any  person, 
firm,  partnership,  corporation,  or  association  of  any  kind 
to  set  up,  establish,  maintain,  conduct,  or  operate  within 
this  State  any  office  or  other  place  of  business  for  the 
sale,  exchange,  or  transfer  of  the  whole  or  any  part  of 
any  railroad  tickets  or  passes  or  other  evidence  of  a 
right  to  travel  upon  any  railroad  within  or  without  the 
limits  of  this  State  unless  such  person,  firm,  partnership, 
corporation,  or  association  is  possessed  of  and  has  posted 
the  certificate  of  authority  as  prescribed  in  §  §  6950  and 
6951. 

Evidence  in  prosecutions  under  Act.  §  6954.  In  all 
prosecutions  under  §  6953  [Lord's  Oregon  Laws],  proof 
of  the  maintenance  of  any  office  or  other  place  of  busi- 
ness within  this  State,  upon  or  within  or  in  connection 
with  which  is  attached  or  displayed  any  sign  bearing  the 
w^ords  "railroad  ticket  office"  or  "cut  rate  office"  or 
"railroad  tickets"  or  "ticket  broker"  or  any  combination 
of  such  words,  or  any  other  words  intended  or  calculated 
to  advertise  to  the  public  that  the  whole  or  any  part  of 
any  railroad  tickets  or  passes  or  other  evidences  of  a 
right  to  travel  upon  any  railroad,  are  sold  or  exchanged 
or  transferred  therein  without  having  posted  within  such 
office  or  place  of  business  a  certificate  of  authority  as 
provided  in  §  6952,  shall  be  sufficient  evidence  to  estab- 
lish a  prima  facie  case  against  the  owner,  proprietor, 
employe,  or  person  in  charge  of  said  office  or  place  of 
business. 

Penalty  for  violations.  §  6955.  Any  person  or  persons 
violating  any  of  the  provisions  of  §  §  6950,  6951,  6952  and 
6953  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $100  nor  more  than  $500,  or  by  imprisonment  in 
the  county  jail  not  less  than  10  nor  more  than  60  days, 
or  by  both  such  fine  and  imprisonment. 

Railroads  shall  redeem  unused  tickets — Terms.  §  6956. 
The  owner  or  owners  or  person  or  persons  operating  any 
railroad  in  this  State,  or  any  railroad  doing  business 
therein,  shall  redeem,  upon  presentation  by  the  lawful 
holder  thereof  to  any  of  its  ticket  agents  in  this  State, 
the  whole  or  any  part  of  any  railroad  ticket  or  other 
evidence  of  a  right  to  travel  upon  his,  its,  or  their  rail- 
road which  had  been  sold,  within  or  without  this  State, 
by  any  such  owner  or  owners  or  person  or  persons,  or 
any  of  his,  its,  or  their  duly  authorized  agents,  if,  for 
any  reason,  such  holder  has  not  used  the  same,  upon 
the  following  terms:  if  no  part  of  such  ticket  has  been 
used,  it  shall  be  redeemed  at  the  full  amount  paid  there- 
for; and  where  the  ticket  has  been  used  in  part  only, 
the  unused  portion  shall  be  redeemed  at  the  remainder 
after  deducting  from  the  price  paid  for  the  whole  ticket, 
the  regular  tariff  rate  between  the  points  between  which 
the  portion  of  said  ticket  was  usedj  provided,  such 
ticket,  or  part  thereof,  is  so  presented  for  redemption 
within  60  days  after  the  right  to  use  said  ticket  has 
expired,  according  to  the  terms  thereof. 

Penalty  for  refusal  to  redeem.  §  6957.  If  any  owner  or 
owners  of,  or  person  or  persons  operating  any  railroad 


mentioned  in  §  6966,  shall  fail,  neglect,  or  refuse  to  re- 
deem, as  provided  in  said  section,  the  whole  or  any  part 
of  any  railroad  ticket  or  other  evidence  of  a  right  to 
travel  upon  his,  its,  or  their  railroad,  he,  it,  or  they  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  of  not 
less  than  $100  nor  more  than  $500,  and  he.  It,  or  they 
shall,  in  an  action  instituted  by  the  lawtul  nolder  of 
such  railroad  ticket  or  other  evidence  of  a  rigut  to  travel, 
be  liable  to  such  holder  in  a  sum  equal  to  treble  the 
value    thereof. 

Justices  to  have  jurisdiction.  §  6958.  Justices  of  the 
j>eace  shall  have  concurrent  jurisaiciioii  wiin  tne  Circuit 
court  in   all   offenses  arising  under   this  Act. 

or  POLICE  PROTECTION    OS  RAILROADS   AND   SIEAMBOATS. 

Conductors  and  engineers  to  have  power  of  sheriff, 
i  6959.  Every  conductor  and  engineer  of  any  railroad  train, 
while  actually  engaged  as  such  conductor  or  engineer  of 
any  such  train,  snail  have  the  power  of  sheriff  in  each 
county  through  or  into  which  the  train  upon  which  he  is 
employed  passes,  for  the  purpose  of  protecting  the  public 
peace  and  arresting  violators  thereof  on  or  near  such 
train,  and  may  command  the  assistance  of  any  peruon 
present  in  perlorming  such  duties. 

Governor  to  appoint  policemen  at  request  of  railr:>ad 
company.  §  6960.  The  governor  of  the  State  of  Oregon  la 
hereby  authorized  and  empowered,  upon  the  application 
of  any  railroad  or  steamboat  company,  to  appoint  and 
commission  during  his  pleasure,  not  more  than  three  per- 
sons designated  by  such  company,  and  to  serve  at  the 
exi)ense  of  such  company,  as  policeman  or  policenen, 
with  the  powers  of  peace  offlcets,  and  who,  after  being 
duly  sworn,  may  act  as  such  policeman  or  policenen 
upon  the  premises,  cars  or  boats  of  such  company.  Vhe 
company  designating  such  person  or  persons  shall  be 
responsible,  civilly,  for  any  abuse  of  his  or  their  author  ty. 

Such  policeman  to  wear  badge.  §  6961.  Every  such  po- 
liceman shall,  when  on  duty,  wear  in  plain  view,  a  shield 
bearing  the  words  "railroad  police,"  or  "steamboat  po- 
lice," as  the  case  may  be,  and  the  name  of  the  cornj^  i 
for  which  he  is  commissioned. 


OF  STRINQIKG  WIRES  OVER  RAILROAD  TRACK. 

Unlawful  to  string  ivires  over  railroad  tracks  icithc  _ 
consent  of  county  court — Notice  and  application,  §  6  62. 
It  shall  hereafter  be  unlawful  for  any  corporation  or  er- 
Bon  to  string  any  wire,  electric  or  other,  over  the  tra  :ks 
of  any  railroad  company,  except  at  such  places  and  in 
such  manner  as  shall  be  authorized  and  approved  by  the 
county  court  of  the  county  wherein  such  crossing  ^  ith 
such  wire  is  proposed,  said  county  court  sitting  for  the 
transacting  of  county  business,  and  any  corporation  or 
person  desiring  to  so  string  any  wire  shall  give  e  ich 
railroad  company  notice  in  writing  of  the  place  ind 
manner  in  which  it  desires  to  string  the  same,  and  the 
place  where  and  the  time  when  it  will  apply  to  aid 
county  court  sitting  for  the  transaction  of  county  l  usl- 
ness  for  approval  and  authority  as  above  required,  wl  ich 
notice  shall  be  served  at  least  10  days  before  the  t:me 
of   hearing  of   such   application. 

County  court  to  regulate  wires  previously  strung  I'Ver 
tracks.  §  6963.  The  county  courts  of  the  several  coui  ties 
in  the  State  of  Oregon  shall,  as  soon  as  possible  a  fter 
the  passage  of  this  Act,  either  by  personal  examinaion 
or  otherwise,  obtain  information  as  to  all  places  wlicre 
the  tracks  of  railroad  are  crossed  by  wires  strung  nver 
said  tracks,  and  whenever  in  its  Judgment  such  wires 
should  be  raised  to  a  greater  height,  or  other  thing  (  one 
with  reference  thereto  to  guard  against  accidents,  fhall 
order  such  change  or  changes  to  be  made,  and  shall 
apportion  any  expense  incident  thereto  between  the  com- 
panies or  pers-ons  affected  as  may  be  deemed  just  and 
reasonable;  provided,  that  in  no  case  shall  the  hdght 
of  any  wire  strung  or  to  be  strung  across  or  over  nich 
or  any  railroad  tracks  be  less  than  25  feet,  excel  ting  i 
trolley  wires,  which  shall  not  be  less  than  23  feet  irom 
the  top  of  the  rail  of  said  railroad  tracks. 

Corporations  to  comply  with  orders — Penalty  recoxered 
by  county  for  refusal.  §  6964.  It  shall  be  the  duty  of  everyj 
corporation  and  person  to  whom  an  order  made  by  the' 
county  court  of  the  respective  counties  in  said  State 
under"  this  Act  shall  be  directed,  to  comply  with  such 
order  in  accordance  with  its  terms,  and  for  any  neglect 


Public  Service  Laws 


115& 


to  so  comply  therewith  any  such  corporation  or  person 
shall  be  liable  to  a  penalty  of  $100,  and  to  a  like  penalty 
for  every  10  days  during  which  said  neglect  shall  con- 
tinue. Any  such  penalty  may  be  recovered  by  an  appro- 
priate action  instituted  by  the  county  where  such  viola- 
tion or  disobedience  has  been  committed,  and  said  pen- 
alty shall  be  recovered  by  said  county,  and  it  shall  be 
the  duty  of  the  prosecuting  attorney  of  the  district  in 
which  said  county  is  located  to  bring  and  prosecute  any 
such  action  in  the  name  of  the  county  at  the  request  of 
the  said  county  court  sitting  for  the  transaction  of  county 
business. 

REPAIR    OF   RAILROADS    BY    RECEIVERS. 

Railroad  receiver  required  to  rebuild  or  repair  bridges. 
%  6965.  Any  receiver,  whether  in  charge  of  any  railroad 
constructed  within  this  State  by  a  home  or  by  a  foreign 
corporation  organized  to  build  railroads  in  Oregon,  and 
whether  acting  under  the  orders  of  the  courts  of  this 
State  or  of  the  United  States,  or  otherwise,  shall  be 
required  and  is  hereby  directed,  whenever  any  railroad 
bridge  over  any  river  or  rivers  of  this  State  has  been 
removed,  carried  away,  injured,  destroyed,  or  rendered 
impassable  or  unsafe  to  life  or  property,  to  rebuild  or 
repair  the  said  bridge  within  six  months  from  the  passage 
of  this  Act,  or  within  six  months  from  the  time  the  same 
has  been  removed,  carried  away,  injured,  destroyed,  or 
rendered  impassable  or  unsafe  to  life  or  property,  and 
is  hereby  authorized  and  directed  to  Issue  and  sell  re- 
ceiver's certificates  for  the  cost  of  construction,  recon- 
struction, or  repair  of  such  bridge,  at  such  rate  of  Inter- 
est, and  with  such  security  as  the  courts  may  direct. 

Failure  to  comply  with  last  section,  penalty  for.  §  6966. 
If  any  receiver  as  aforesaid  shall  fail  to  rebuild  or  repair 
such  bridge  or  bridges  within  the  time  provided  in  this 
Act  such  corporation  shall  pay  a  fine  thereafter  of  not 
less  than  J50  per  day  until  such  bridge  or  bridges  shall 
be   rebuilt  or  repaired. 

Raihvay  companies  required  to  file  annual  statements. 
I  6967.  Every  corporation  or  company  owning  or  operating 
any  railroad  in  the  State  of  Oregon,  or  which  shall  here- 
after own  or  operate  any  railroad  therein,  shall,  on  or 
before  the  first  day  of  September  of  each  year,  make 
and  transmit  to  the  secretary  of  State  at  Salem,  a  full 
and  true  statement,  verified  by  the  oath  of  the  president 
of  said  corporation  or  company,  or  by  the  oath  of  some 
other  officer  of  the  said  corporation  or  company  having 
charge  of  the  books  and  accounts  thereof  of  the  affairs 
of  such  corporation  or  company,  as  the  same  existed  on 
the  first  day  of  July  next  preceding  such  report,  specify- 
ing in  said  report  as  follows: 

1.  The  amount  of  capital  stock  subscribed,  and  by 
whom. 

2.  The  names  of  the  owners  of  its  stock,  and  the 
amount  owned  by  them  respectively,  and  the  residence 
of  each  stockholder,  as  far  as  known. 

3.  The  amount  of  stock  paid  in,  and  by  whom. 

4.  The  amount  of  its   liabilities. 

5.  The  names  and  places  of  residence  of  its  officers. 

6.  The  amount  of  cash  paid  the  company  on  account 
of  the  original   stock. 

7.  The  amount  of  funded  debt,  if  any;  the  rate  of 
interest    it    bears. 

8.  The  amount  of  floating  debt,  and  how  and  when 
created. 

9.  The  estimated  cash  value  of  the  roadbed,  including 
iron   and   bridges. 

10.  The  estimated  cash   value  of  rolling  stock. 

11.  The  estimated  cash  value  of  stations,  buildings, 
and  fixtures. 

12.  The  estimated  cash  value  of  all  other  property, 
of  whatsoever  character,  with  a  description  thereof. 

13.  The   length   of  single   main  track. 

14.  The  length  of  double  main  track. 

15.  The  length  of  branches,  stating  whether  they 
have  single  or  double  track. 

16.  The  aggregate  length  of  siding  and  other  tracks 
not    above    enumerated. 

17.  The  number  of  miles  run  by  passenger  trains 
during  the  year  ending  June  30  preceding  the  making  of 
the  report. 

18.  The  number  of  tons  of  through  freight  carried 
during   the   same   time. 

19.  The  number  of  tons  of  local  freight  carried  dur- 
ing the  same  time. 


20.  Its  monthly  earnings  for  the  transportation  of 
passengers   during  the  said  tim«. 

21.  Its  monthly  earnings  for  its  transportation  of 
freight   during   the   same   time. 

22.  Its  monthly  earnings  from  all  sources  during  the 
same  time. 

23.  The  amount  of  expenses  incurred  in  the  running 
and  management  of  passenger  trains  during  the  same 
time. 

24.  The  amount  of  the  exi>enses  incurred  in  the  run- 
ning and  management  of  freight  trains  during  the  same 
time;  also  the  amount  of  expense  Incurred  in  the  run- 
ning and  management  of  mixed  trains  during  the  same 
time. 

25.  All  other  expenses  Incurred  in  the  running  and 
management  of  the  road  during  the  same  time,  which 
shall  include  the  salaries  of  officers,  which  shall  be  re- 
ported separately   and  in  detail. 

26.  The  amount  expended  for  repairs  of  road  and 
the  maintenance  of  way,  including  repairs  and  renewal 
of   bridges   and  renewal  of  iron  or  steel. 

27.  The  amount  expended  for  improvement,  and 
whether  the  same  are  estimated  as  a  part  of  the  expense 
of  operating  or  repairing  the  road,  or  permanent  and  in 
the  nature  of  a  betterment,  and,  if  either,  which. 

28.  The  amount  expended  for  station  houses,  build- 
ings, and   fixtures. 

29.  All   other   expenses   for  maintenance  of  way; 

at  the  depot  or  at  the  office  of  such  express  companies. 

30.  All  other  expenditures,  either  for  management 
of  road,  maintenance  of  way,  motive  power  and  cars,  or 
for  other   purposes. 

31.  The  rate  of  fare  for  passengers  for  each  month 
during  the  same  time — through  and  way  passengers  sepa- 
rately. 

32.  The  tariff  of  freights,  showing  each  change  of 
tariff  during  the  same  time. 

33.  A  copy  of  each  published  rate  of  fare  for  pas- 
sengers, and  tariff  of  freights  in  force  or  issued  for  the 
government  of  its  agents  during  the  same  time. 

34.  Whether  the  rate  of  fare  and  tariff  of  freight  in 
such  published  lists  are  the  same  as  those  actually  re- 
ceived by  the  company  during  the  same  time;  if  not, 
what   rates    were   received. 

35.  What  express  companies  run  on  its  roads,  and  on 
what  terms  and  on  what  considerations,  the  kind  of  busi- 
ness done  by  them,  and  whether  they  take  their  freight 
at  the  deport  or  at  the  office  of  such  express  companies. 

36.  What  freight  and  transportation  companies  run 
on  its   road;    on  what  terms. 

37.  Whether  such  freight  and  transportation  com- 
panies use  the  cars  of  railroad  or  the  cars  furnished  by 
themselves. 

38.  Whether  the  freights  or  cars  of  such  companies 
are  given  any  preference  in  speed  or  order  of  transporta- 
tion, and,  it  so,  in  what  particular.  * 

39.  What  running  arrangements  it  has  with  other 
railroad  companies,  setting  forth  the  contracts  for  the 
same. 

Penalty  for  failure  to  comply  with  last  section.  §  6968. 
Every  corporation  or  company  owning  or  operating  any 
railroad  in  the  State  of  Oregon  which  shall  wilfully  neg- 
lect to  make  and  furnish  the  report  in  this  Act  required, 
at  the  time  and  in  the  manner  herein  required,  shall  for- 
feit and  pay  a  sum  of  not  less  than  $5,000  nor  more  than 
$10,000  for  each  offense,  to  be  recovered  in  an  action  of 
debt  in  the  name  of  the  State;  and  it  is  hereby  made  the 
duty  of  the  proper  district-attorney,  under  the  direction 
of  the  governor  of  the  State,  to  prosecute  to  final  deter- 
mination actions  for  all  forfeitures  for  non-compliance 
with  the  terms  and  requirements  of  this  Act. 

False  return,  penalty  for.  §  6969.  If  any  person  shall 
make  a  false  return  under  the  requirements  of  this  Act, 
knowing  the  same  to  be  false,  or  shall  verify  the  same 
as  being  correct  when  the  same  is  known  to  be  incor- 
rect, such  person  shall,  upon  conviction  thereof,  be  fined 
not  less  than  $5,000  nor  more  than  $10,000,  or  be  im- 
prisoned in  the  penitentiary  for  not  less  than  two  years 
nor  more  than  five  years. 

CONTRACTS    FOR    THE    SALE    OF   RAILROAD   EQtnPMENT. 

Title  to  rolling  stock,  lohen  does  not  vest  in  purchaser, 
5  6970.  In  any  contract  of  or  for  the  sale  of  railroad  equip- 
ment or  rolling  stock,  it  shall  be  lawful  to  agree  that  the 


11()0 


National  Association  ok  Railway  Commissioners 


title  to  the  property  sold  or  contracted  to  be  sold,  al- 
though deliverable  Immediately,  or  at  any  time  or  times 
subsequently,  shall  not  vest  in  the  purchaser  until  the 
purchase  price  shall  be  fully  paid,  or  that  the  seller 
shall  have  and  retain  a  lien  thereon  for  the  unpaid  pur- 
chase n:oney;  and  in  any  contract  of  or  for  the  leasing 
of  such  property,  it  shall  bo  lawful  to  stipulate  for  a 
conditional  sale  thereof  at  the  termination  of  such  lease, 
and  that  the  rentals  received  may,  as  paid,  be  applied  and 
treated  as  purchase  money,  and  that  the  title  to  the 
property  shall  not  vest  in  the  lessee  or  vendee  until  the 
purchase  price  shall  be  paid  in  full,  notwithstanding  de- 
livery to  and  possession  by  such  lessee  or  vendee;  pro- 
vided, that  no  such  contract  shall  be  valid  as  against 
any  subsequent  judgment  creditor,  or  any  subsequent 
bona  flde  purchaser  for  value  and  without  notice,  unless — 

1.  The  same  shall  be  evidenced  by  an  instrument 
duly  acknowledged  before  some  person  authorized  by 
law  to  take  acknowledgments  of  deeds. 

2.  Such  instrument  shall  be  filed  for  record  in  the 
office  of  the  county  clerk  of  the  county  in  which  at  the 
time  of  the  execution  thereof  is  situated  the  principal 
office  of  the  vendee  or  lessee  within  this  State. 

3.  Each  locomotive,  engine  or  car  so  sold,  or  con- 
structed to  be  sold,  or  leased  as  aforesaid,  shall  have 
the  name  of  the  vendor  or  lessor  plainly  marked  on  each 
side  thereof,  followed  by  the  word  "owner"  or  "lessor," 
as  the  case  may  be. 

Contracts  authorized  hy  last  section  to  be  recorded. 
i  6971.  The  contracts  herein  authorized  shall  be  recorded 
by  the  said  county  clerk  in  the  book  of  records  of  mort- 
gages of  real  estate  in  said  county;  and  on  payment  in 
full  of  the  purchase  money,  and  the  performance  of  the 
terms  and  conditions  stipulated  in  any  such  contract,  a' 
declaration  in  writing  to  that  effect  shall  be  made  by  the 
vendor  or  his  assignee,  which  declaration  may  be  made 
on  the  margin  of  the  record  of  the  contract,  attested  by 
the  county  clerk,  or  it  may  be  made  by  a  separate  instru- 
ment, ta  be  acknowledged  and  recorded  as  aforesaid; 
and  for  such  services  the  said  clerk  shall  be  entitled  to 
the  fees  provided  by  law  for  the  recording  of  deeds  and 
mortgages  of  real  estate. 

FENCING   RAILROAD    TRACKS. 

What  constitutes  lawful  fence.  §  5770.  The  following 
shall  constitute  a  lawful  fence:  All  fences,  except  where 
otherwise  provided,  shall  not  be  less  than  four  feet  six 
inches  high  from  the  surface  of  the  ground,  and  the  same 
shall   be   constructed   either — 

1.  Rails  or  poles  laid  up  in  the  manner  commonly 
known  as  worm  fence,  with  stakes  and  riders,  or  in  lieu 
thereof,  to  have  the  corners  locked  with  rails,  posts  or 
poles. 

2.  Posts  and  rails,  with  space  between  the  rails,  and 
between  the  rails  and  the  ground,  not  exceeding  10  inches 
wide  below,  two  feet  six  inches  in  height,  and  not  to 
exceed  12  inches  at  any  place,  the  rails  to  be  attached 
to  the  posts  by  nails,  spikes,  pins,  wire,  or  in  any  other 
manner,  if  strong  and  secure;  the  posts  to  be  firmly  set 
in  the  ground,  not  more  than  10  feet  apart  from  each 
other,  and  be  not  less  than  four  feet  six  inches  high  from 
the  ground. 

3.  Posts  and  poles,  posts  and  planks,  constructed  in 
the  manner  required  by  subdivision  2  of  this  section,  as 
to  the  length  and  setting  of  posts;  and  if  the  same  is 
constructed  of  posts  and  plank,  the  plank  to  be  not  less 
than  six  inches  wide  and  one  inch  thick,  and  the  same 
shall  be  fastened   as  required  if  posts  and  rails. 

4.  Posts  and  paling,  or  pickets,  or  palisades,  con- 
structed in  the  usual  manner,  with  space  not  exceeding 
five  inches. 

5.  Wall  of  stone  entire,  or  stone  with  rails,  poles, 
plank,  or  earth,  which,  taken  together,  would  constitute 
a  fence  four  feet  six  Inches  high. 

6.  Turf  and  earth  entire,  or  turf  and  earth,  which, 
with  rails,  poles,  plank,  or  thorn  brush,  would  constitute 
a  fence  four  feet  six  inches  high,  with  a  ditch  or  trench 
on  the  side,  at  least  three  feet  wide  at  the  top  and  not 
less  than  three  feet  deep;  provided,  that  when  there  is 
a  ditch  or  trench  on  the  side,  as  before  provided  for,  and 
constructed  in  the  manner  hereinbefore  specified,  said 
fence  shall  not  be  less  than  four  feet  high  from  the  sur- 
face of  the  ground. 

7.  Posts  and   rails,   poles  or  plank,  not  less   in  size 


than  hereinbefore  specified,  with  posts  set  in  the  ground 
not  more  than  10  feet  apart,  leaning  upon  braces  suffi- 
ciently strong  to  support  the  same,  with  the  poles,  rails 
or  plank,  as  the  case  may  be,  not  less  than  three  in 
number  to  the  panel,  securely  fastened  to  posts;  pro- 
vided, that  all  fences  heretofore  constructed  which  fill 
the  requirements  of  this  section  shall  be  deemed  lawful 
fences;  provided,  further,  that  all  precipices,  embank- 
ments, streams,  lakes,  ponds  or  other  natural  obstruc- 
tion, if  equally  secure  against  the  trespass  of  any  do- 
mestic animals,  or  shall  be  made  so  by  artificial  means, 
shall   be  deemed  lawful   fences. 

What  wire  fences  lauful  and  where.  §  5771.  Any  fence, 
substantially  constructed,  of  posts  and  woven  wire  of 
sufficient  weave  and  strength,  and  not  less  than  four 
feet  high,  or  of  such  woven  wire  and  barbed  wires,  the 
woven  wire  to  be  not  less  than  20  inches  wide  and  three 
barbed  wires,  or  woven  wire  26  inches  wide  and  two 
barbed  wires,  or  woven  wire  36  inches  wide  and  one 
barbed  wire,  the  top  wire  to  be  not  less  than  four  f^et 
from  the  ground,  shall  be  deemed  a  lawful  fence;  pro- 
vided, that  this  Act  shall  not  apply  to  that  portion  of  the 
State  lying  east  of  the  summit  of  the  Cascade  Moun- 
tains. 

Barb  loire  fences  in  Klamath,  Lake,  Harney  and  Gra  it. 
§5773.  All  barb  wire  fences  in  the  counties  of  Klama.h, 
Lake,  Harney  and  Grant  shall  be  constructed  in  the 
following  manner:  They  shall  have  posts  six  and  one- 
half  feet  in  length,  and  not  less  than  four  inches  in 
diameter,  made  of  sound  timber;  such  posts  shall  be  set 
in  the  ground  two  feet,  and  shall  be  not  farther  than  32 
feet  apart;  there  shall  be  not  fewer  than  three  wlies 
of  the  kind  in  common  use,  stretched  from  post  to  poit; 
the  lower  wire  shall  be  two  feet  from  the  ground;  tae 
second  15  inches  above  the  lower,  and  the  upper  o\e 
15  inches  from  the  second  one.  Said  wires  shall  be  lis- 
tened to  the  posts  securely,  in  the  customary  manner,  a  id 
at  the  distance  of  eight  feet  from  each  of  said  pos  s, 
and  at  every  space  of  eight  feet  from  each  other  throui  h- 
out  the  entire  length  of  such  fences,  there  shall  be  po  es 
or  false  posts  set  up  on  the  ground,  four  and  a  half  feet  in 
height,  to  which  the  wires  of  such  fence  shall  be  securi  ly 
fastened;  provided,  a  pole  not  less  than  two  inches  thi  ;k 
at  the  small  end,  or  plank  not  less  than  one  inch  thi  ;k 
by  six  inches  wide,  affixed  to  posts  as  above  provid  d, 
but  not  more  than  eight  feet  apart,  may  take  the  pU 
of  the  middle  of  the  wire  and  false  posts.  j 

To  what  counties  previous  sections  apply.  §  5775.  1 
provisions  of  §§5769,  5770  and  5774  shair  apply  only  to 
the  counties  of  Wasco,  Gilliam,  Morrow,  Umatilla,  Uni  m. 
Baker,  Grant,  Wheeler,  Wallowa,  Crook,  Klamath,  La  <e, 
Harney   and   Malheur. 

What  a  lawful  fence  east  of  Cascade  Mountains.  §  57  .  •;. 
Any  structure,  hedge  or  ditch,  in  the  nature  of  a  fei  ce 
used  for  purposes  of  inclosure,  which  is  such  as  g(  od 
husbandmen  generally  kept,  and  shall,  on  the  testim(  ny 
of  skilful  men,  appear  to  be  sufficient,  shall  be  deen  ed 
a  lawful  fence  for  all  purposes  in  all  counties  east  of  h| 
Cascade  Mountains  in  the  State  of  Oregon,  within  f 
meaning  of    §  §    5769,    5774.  ; 

Wire  fences  to  be  kept  in  repair — Notices  by  sheriff 
repair — Repair  by  road  supervisor — County  to  have  lien  for 
expense.  §  5777.  It  shall  be  the  duty  of  all  persons  hav  ng 
wire  fences  to  keep  the  same  in  good  repair,  and  if  he 
wire,  or  any  wire  fence,  shall  become  loose  or  unfastened 
from  the  posts  and  in  such  a  condition  that  the  same  is 
dangerous  to  live  stock  or  human  beings,  it  shall  be 
the  duty  of  the  sheriff  of  the  county  in  which  said 
fence,  or  any  part  of  it,  may  be  located,  upon  compU  int 
being  made  to  said  sheriff,  to  send  a  written  notice  to 
the  owner,  or  any  of  the  holders,  of  said  fence,  if  s  ich 
owner  or  owners  be  a  resident  of  said  county,  wtich 
said  notice  shall  require  the  owner  or  owners  of  sjch 
fence  to  forthwith  repair  said  fence,  and  place  the  si  me 
in  a  safe  condition.  And  if  such  fence  is  not  so  repaired 
and  placed  in  a  safe  condition  within  10  days  from  the 
date  of  mailing  such  notice  by  the  sheriff,  it  shall  tlien 
be  the  duty  of  the  county  judge  of  said  county,  upon 
report  made  to  him  by  the  sheriff  of  said  county,  to  oi  der 
the  road  supervisor  of  the  district  of  which  said  fence, 
or  any  part  of  it,  may  be  located,  or  any  deputy  sheriff 
of  the  county,  to  remove  and  place  in  safe  keeping  all 


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ea 

I 


Public  Service  Laws 


llGl 


loose  wire  in  connection  with  said  fence,  and  place  said 
fence  in  sucli  a  condition  tliai  it  will  not  be  a  menace 
to  live  stock  or  human  beings.  And  the  county  shall 
have  a  lien  upon  said  wire  so  removed  for  the  reasonable 
cost  and  expenses  of  removing  the  same  and  repairing 
said  fence,  and  said  county  shall  hold  said  wire,  and 
may,  at  any  time  after  30  days,  upon  order  made  by  the 
county  judge,  and  entered  in  his  law  journal,  sell  said 
wire  in  the  manner  in  which  personal  property  is  sold 
upon  execution,  and  the  cost  and  expenses  incurred  in 
said  wire  and  repairing  said  fence  shall  be  paid  by  the 
county  in  the  manner  in  which  other  claims  against  the 
county   are   paid. 

What  fences  deemed  lawful  against  horses  and  cattle. 
§  5778.  All  fences  made  and  kept  in  repair  as  hereinbefore 
required  shall  be  deemed  and  held  to  be  a  lawful  fence 
against  horses   and  cattle. 

Barbed  and  icoven  tcire  fences  west  of  Cascade  %Ioun- 
tai7is.  §  5779.  All  barbed  wire  foncf  s  in  any  of  the  counties 
west  of  the  Cascade  Mountains  in  this  State  shall  have 
a  board  not  less  than  one  by  six  inches,  or  a  pole  not 
less  than  four  inches  in  diameter,  securely  fastened  to 
post  and  false  rost,  not  further  than  eight  inches  below 
the  top  barbed  wire;  provided,  however,  that  a  woven 
wire  fence  of  height  not  less  than  four  feet  and  six 
inches,  with  barb  attached  to  top  and  bottom  wires 
thereof,  shall,  in  any  of  the  counties  west  of  the  Cascade 
Mountains,  be  deemed  and  held  to  be  a  lawful  fence, 
and  such  a  fence  need  not  be  equipped  with  any  board 
or   pole  as  hereinbefore  described. 

Barbed  wire  fences  must  be  kept  in  good  repair.  §  5780. 
It  shall  be  the  duty  of  all  persons  having  barbed  wire 
fences   to   keep   them   in  good   repair. 

Injury  to  stock  from  barbed  wire  fence — Damages,  when 
recoverable.  §  5781.  All  cases  in  which  stock  shall  be  killed 
or  injured  by  coming  in  contact  with  barbed  wire  fences, 
which  are  not  at  the  time  of  injury  kept  in  substantial 
compliance  with  the  terms  of  this  Act,  the  owner  of 
the  stock  so  killed  or  injured  shall  have  the  right  to 
recover  from  the  owner  of  such  fence,  by  action  of  the 
law,  a  sum  equal  to  the  amount  of  the  injury  sustained 
by  him  in  the  killing  or  injury  of  his  stock  as  afore- 
said. 

KilUny  stock,  when  railroads  liable  for.  §  6972.  Any 
person,  persons,  company,  or  corroration  or  lessee  or 
agent  thereof,  owning  or  operating  any  railroad  within 
the  State  of  Oregon,  shall  be  liable  for  the  value  of  any 
horses,  mules,  colts,  cows,  bulls,  calves,  hogs  or  sheep 
killed,  and  for  reasonable  damages  for  any  injury  to  any 
such  live  stock  upon  or  near  any  unfenced  track  of  any 
railroad  in  this  State,  whenever  such  killing  or  injury 
is  caused  by  any  moving  train  or  engine  or  cars  upon 
such    track. 

What  is  lawful  fencing  of  track.  §  6973.  No  railroad 
track  shall  be  deemed  to  be  fenced  within  the  m«anlng 
of  this  Act  unless  such  track  is  guarded  by  such  fence 
against  the  entrance  thereon  of  any  such  live  stock  on 
either  side  of  said  track,  and  not  more  than  100  feet  dis- 
tant therefrom;  provided,  that  whatever  is  a  lawful  fence 
under  the  laws  of  this  State  in  the  county  where  such 
killing  or  injury  shall  occur,  and  no  other,  under  the  laws 
of  this  State  shall  be  deemed  and  held  a  lawful  fence 
under  this  Act;  and  provided,  further,  that  complete  natu- 
ral defenses  against  the  entrance  of  such  stock  upon 
said  track,  such  as  natural  walls  or  deep  ditches,  shall 
be  deemed  and  held  to  be  a  fence  under  this  Act,  when 
the  same,  in  connection  with  other  and  ordinary  lawful 
fences,  form  a  continuous  guard  and  defense  against  the 
entrance   of   such   live   stock    upon   the   track. 

Notice  tcith  description  of  stock  injured  or  killed,  com- 
pany must  give.  §  6974.  Whenever  any  such  live  stock 
mentioned  in  §6972  (Lord's  Oregon  Laws]  is  so  killed 
or  injured  upon  the  unfenced  railroad  track  of  any  rail- 
road in  this  State,  the  person,  persons,  company  or  cor- 
poration owning  or  operating  such  railroad,  or  his  or 
their  lessees  or  agents  or  some  proper  and  authorized 
agent  employe  thereof,  shall  immediately  cause  to  be  filed 
a  notice  of  such  killing  or  injury  by  filing  a  concise 
description  of  the  animal  or  animals  so  killed  or  in- 
jured, including  any  and  all  brands,  earmarks,  or  other 
marks  of  ownership,  and  if  only  injured,  the  nature  of 
such    injury,    with    the    railroad    agents    at    the    two    ex- 


tremities of  the  section  on  which  such  killing  or  injury 
took  place,  and  also  with  all  intermediate  agents  on 
such  section;  said  description  shall  be  open  to  inspection 
at  all  reasonable  hours  of  each  week  day  for  one  month 
after  such  killing  or  injury  took  place. 

Penalty  for  failing  to  file  notice  required  by  last  section. 
§  6975.  Any  person,  persons,  company,  or  corporation,  or 
his  or  their  lessees  or  authorized  agents,  owning  or 
operating  any  railroad  within  this  State,  who  shall  neg- 
lect or  fail  to  file  or  cause  to  be  filed  the  notice  provided 
for  in  the  preceding  section  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  in 
any  court  of  competent  jurisdiction,  shall  be  fined  not 
less   than  $50   nor  more  than  $200  for  each  offense. 

Damage  to  live  stock,  evidence  of  negligence.  %  6976. 
In  every  action  or  suit  for  the  recovery  of  the  value  of 
any  live  stock  mentioned  in  §  6972  so  killed,  or  for  dam- 
ages for  injury  to  the  same,  as  hereinbefore  provided, 
proof  of  such  killing  or  injury  shall  of  itself  be  deemed 
and  held  to  be  conclusive  evidence  in  any  court  of  this 
State  of  negligence  upon  the  part  of  the  person,  persons, 
company  or  corporation,  or  his  or  their  lessees  or  agents, 
owning  or  operating  such  railroad;  provided,  that  con- 
tributory negligence  on  the  part  of  the  plaintiff  in  such 
action  or  suit  may  be  set  up  as  a  defense;  provided,  fur- 
ther, that  the  allowing  of  stock  to  run  at  large  upon 
common  unfenced  range  or  upon  inclosed  land  owned  or 
in  possession  of  the  owner  of  such  stock  shall  not  be 
deemed  or  held  to  be  such  contributory  negligence;  pro- 
vided, further,  that  in  any  such  suit  or  action,  proof  of 
wilful  intent  on  the  part  of  the  plaintiff  therein  to  pro- 
cure the  killing  or  injury  of  any  such  stock  in  the  man- 
ner aforesaid  shall  defeat  the  recovery  of  any  damages 
for  such  killing  or  injury. 

Service  of  summons,  upon  whom  may  be  made.  §  6977. 
In  any  suit  or  action  authorized  by  this  Act,  service  of 
summons  or  any  other  necessary  process  may  be  made 
upon  any  person,  persons,  company  or  corporation,  or 
his  or  their  lessees  or  agents,  owning  or  operating  any 
railroad  in  this  State,  by  personal  service  upon  any  au- 
thorized agent  thereof,  residing  or  stationed  in  the  county 
where   such   suit   or   action    is   brought. 

Railroad  track  between  Ashland  and  Portland  required 
to  be  fenced.  §  6978.  Every  person,  company,  or  corpora- 
tion now  owning  or  operating  the  trunk  line  railroad,  or 
which  shall  hereafter  operate  said  trunk  line  railroad, 
between  Portland  and  Ashland,  shall,  within  six  months 
after  the  passage  of  this  Act,  commence  to  erect  and 
thereafter  maintain  lawful  fences  on  both  sides  of  such 
trunk  line  railroad,  to  prevent  cattle,  horses,  sheep,  hogs 
and  other  stock  from  going  on  such  trunk  line  rail- 
road, except  at  the  crossings  of  and  upon  public  roads 
and  highways,  and  within  such  portion  of  cities  and  in- 
corporated towns  and  villages  as  are  or  may  be  here- 
after laid  out  and  platted  in  lots  and  blocks,  and  except 
at  railroad  station  grounds,  with  gates  or  bars  at  the 
farm  crossings  of  such  trunk  line  railroad,  which  farm 
crossings  shall  be  constructed  by  such  corporation,  when 
and  where  the  same  may  become  necessary  for  the  use 
of  the  proprietors  of  the  lands  adjoining  such  railroads; 
and  shall  construct,  where  the  same  has  not  already 
been  done,  and  thereafter  maintain  at  all  public  road 
crossings  now  existing  or  hereafter  established,  cattle 
guards,  reasonably  sufficient  to  prevent  cattle,  horses, 
sheep,  pigs  and  other  stock  from  going  on  such  trunk 
line  railroad,  and  when  such  fences  or  cattle  guards  are 
not  made  as  aforesaid,  or  when  such  fences  or  cattle  guards 
are  not  kept  in  good  repair,  such  person,  company  or  cor- 
poration owning  or  operating  any  such  railroad  shall 
be  liable  to  the  owner  thereof  for  all  damages  which  may 
be  done  by  the  agents,  engines  or  cars  of  such  person, 
company  or  corporation  to  such  cattle,  horses,  sheep, 
hogs  or  other  stock  thereon,  and  reasonable  attorney's 
fees  in  any  court  wherein  suit  or  action  is  brought  to 
recover  such  damages,  or  to  which  the  same  may  be 
appealed;  but  where  such  fences  and  guards  have  been 
made  and  kept  in  good  repair,  the  fences  to  be  lawful 
in  all  respects,  such  person,  company  or  corporation  shall 
not  be  liable  for  any  such  damage;  provided,  however, 
that  no  such  action  shall  be  maintained  until  after  such 
owner  shall  have  given  at  least  30  days'  notice  in  writing 
to  such  railroad  company;  and  provided,  further,  that 
when  such  compajiy  shall  have  offered  in  writing  to  pay 


1163 


National  Association  of  Eailway  Commissioners 


Buch  damages  as  it  may  think  has  been  sustained  before 
any  action  at  law  has  been  commenced,  and  no  larger 
sum  shall  be  recovered,  then  in  such  case,  such  owner 
shall  not  recover  any  costs  or  disbursements  or  any 
attorney's  fees.  It  shall  be  deemed  a  full  compliance 
with  this  Act,  so  as  to  preclude  liability,  if  such  rail- 
way company,  person  or  corporation  shall  construct 
fencing  for  50  miles  of  such  trunk  line  railroad  between 
Portland  and  Ashland   annually. 

Railroad  companies  to  erect  fences.  §  6979.  Every  per- 
son, persons,  company  or  corporation,  or  lessee  or  agent 
thereof,  owning  or  operating  any  railroad  within  the 
State  of  Oregon,  shall  within  one  year  from  the  date  of 
the  passage  of  this  Act  erect  and  thereafter  maintain 
good  and  sufficient  lawful  fences  on  both  sides  of  50 
per  cent  of  its  or  his  now  unfenced  railroad  line,  and 
within  two  years  from  the  date  of  the  passage  of  this 
Act  shall  erect  and  thereafter  maintain  such  fences  on 
both  sides  of  the  remaining  unfenced  portion  of  his  or 
Its  railroad  line,  except  at  the  crossings  of  and  upon 
public  roads  and  highways,  and  within  such  portions  of 
cities  and  incorporated  towns  and  villages  as  are  or 
may  be  hereafter  laid  out  and  platted  in  lots  and  blocks, 
and  except  at  railroad  station  grounds  and  except  within 
the  boundaries  of  Federal  forest  reserves,  and  shall  also 
at  the  same  time  erect  and  thereafter  maintain  neces- 
sary farm  crossings  and  gates,  and  reasonably  sufllcient 
cattle  guards  at  all  public  crossings  now  existing  or 
hereafter  established.  Railroad  lines  hereafter  put  in 
operation  shall  be  so  fenced  and  farm  crossings,  gates 
and  cattle  guards  installed  within  three  months  from  the 
time  such  lines  are  so  put  in  operation;  provided,  the 
railroad  commission  of  Oregon,  upon  complaint  or  upon 
Its  own  motion,  in  the  manner  provided  by  §  6906  of 
Lord's  Oregon  Laws,  may  prescribe  the  number,  loca- 
tion and  character  of  farm  crossings  which  may  be  neces- 
sary, and  the  manner  in  which  the  same  shall  be  con- 
structed, so  that  the  same  shall  be  reasonably  adequate, 
safe,  sufficient  and  convenient,  but  not  so  as  to  impair 
the  terms  of  any  contract  between  the  landowner  and 
the  railroad  or  decree  in  condemnation  relative  to  such 
crossings. 

Upon  complaint  or  upon  its  own  motion  and  after 
hearing,  as  provided  in  said  §  6906,  said  commission  may 
by  order  determine  and  prescribe  any  other  description 
of  fence  than  that  designated  as  a  lawful  fence,  which 
shall  be  constructed  and  thereafter  maintained  by  any 
such  railroad  company  between  the  points  which  may 
be  designated  in  such  order,  and  may  provide  for  the 
apportionment  of  the  cost  of  reconstruction  necessitated 
thereby  as  between  the  parties  interested.  The  commis- 
sion in  its  discretion,  and  for  good  cause  shown,  upon 
complaint,  or  upon  its  own  motion,  and  after  notice  and 
hearing,  as  provided  in  said  §  6906,  may  suspend  the 
operation  of  this  section  as  to  any  particular  portion  of 
any  line  of  railroad. 

Forfeiture  for  refusal.  §  6980.  Any  person,  persons, 
company  or  corporation  shall  forfeit  and  pay  into  the 
State  treasury  the  sum  of  $100  for  each  mile  of  such 
fence  on  either  side  of  such  railroad,  or  farm  crossing, 
or  gate,  or  cattle  guard  which  it  shall  fall,  neglect  or 
refuse  to  erect  and  maintain,  as  herein  required,  to  be 
recovered  as  other  penalties  are  recovered,  and  be  paid 
into  the  State  treasury. 

Compliance  compelled  ty  mandamus.  §  6981.  In  event 
of  the  neglect  or  refusal  of  any  such  person,  persons, 
company  or  corporation  to  comply  with  any  of  the  pro- 
vlsiitms  of  this  Act,  the  attorney-general  or  prosecuting 
attorney  of  the  proper  county,  or  railroad  commission  of 
Oregon,  may  by  mandamus  compel  compliance  therewith. 

Penalty  for  leaving  gate  open.  §  6982.  Any  person  who 
shall  intentionally  or  negligently  leave  open  or  unfastened 
any  farm  crossing  gate,  or  let  down  and  leave  down  any 
bars  of  any  railroad  fence  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  coaviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  to  exceed  $50,  or  by  imprisonment 
not  exceeding  10  days  in  the  county  jail,  or  by  both  such 
fine  and  imprisonment,  and  justices  of  the  peace  shall 
have  original  Jurisdiction  hereof. 

Provisions  cumulative  to  existing  remedies.  §  6983.  The 
provisions  of  this  Act  are  cumulative  to  existing  rem- 
edies. 


Railroad  rights  of  way  east  of  Cascades  to  be  mowed, 
when.  §  6984.  The  right  of  way  of  all  railroads  in  the 
State  of  Oregon  east  of  the  Cascade  Mountains  shall  be 
mowed  each  year  between  the  first  day  of  June  and  the 
first   day   of   July. 

On  failure  adjacent  owners  may  mow  and  collect  cost  as 
taxes.  §  6985.  If  any  railroad  company  or  corporation 
owning  or  operating  a  railroad  over  said  right  of  way 
shall  neglect  or  refuse  to  cause  their  right  of  way  to  be 
mowed,  as  provided  in  the  foregoing  section,  any  person 
occupying  or  owning  the  land  adjoining  the  said  right  of 
way  may,  after  said  first  day  of  July,  cause  the  portion 
of  said  right  of  way  adjoining  said  land,  occupied  or 
owned  by  such  person,  to  be  mowed,  and  shall  receive 
for  such  work  the  reasonable  value  thereof,  to  be  fixed 
by  the  county  judge,  who  shall  certify  to  the  value  of 
such  work,  and  said  certificate  shall  be  filed  with  the 
county  clerk,  and  the  said  certified  bill  shall  be  charged 
to  said  company  and  collected  for  said  person  in  the 
same  manner  and  at  the  same  time  as'  general  taxes  are 
collected. 

Effect  of  Act  on  liability  of  railroad.  |  5587a.  Nothing 
in  this  Act  shall  be  construed  to  affect  the  liability  of 
any  railroad  or  corporation  to  pay  for  stock  killed  uptm 
any  unfenced  portion  of  their  railroad. 

The  Act  referred  to  relates  to  the  running  at  lari;o 
of  stock  in  Sherman  and  Morrow  counties,  and  is  not  est 
out  in   this  compilation. 

Act  not  to  affect  liability  for  stock  killed  on  unfencd 
railroad.  §  5600.  Nothing  in  this  Act  shall  be  construisd 
to  affect  the  liability  of  any  railroad  or  corporation  o 
pay  for  stock  killed  upon  any  unfenced  portion  of  their 
railroad. 

The  Act  referred  to  relates  to  the  running  at  larre 
of  stock  in  Gilliam  County,  and  is  not  set  out  in  this 
compilation.  _j 

AUTHORITY   TO  CONSTRUCT   SIDE  LINES.  j  I 

Branch  lines  or  extensions,  proceeding  by  company  H 
siring  to  build.  §  6986.  Any  railway  company  owning  )r 
operating  a  railway  within  the  State  of  Oregon,  desirii  g 
to  construct  any  branch  line  or  side  line,  or  to  build  :  n 
extension  of  the  main  line,  shall  cause  to  be  adopted  1  y 
the  board  of  directors  of  such  corporation  a  resolutic  n 
defining  the  branch  or  side  line  or  extension,  and  desiJ 
nating  the  termini  thereof,  and  shall  cause  a  copy  jij 
such  resolution,  certified  by  its  secretary,  to  be  filed ' 
the  office  of  the  secretary  of  State,  and  also  in  the  offl:  ■ 
of  the  county  clerk  in  or  through  whose  county  su'  h 
branch  or  side  line  or  extension  is  to  be  constructed  : 
and  thereupon  such  corporation  shall  have  the  right  o 
build  and  construct  such  branch  or  side  line  or  exte  a- 
sion,  and  to  exercise  the  right  of  eminent  domain,  as  is 
provided  by  law,  and  the  termini  so  designated  in  SU' h^ 
resolution  shall  be  a  sufficient  designation  thereof  ^  ] 
the  purpose  of  exercising  such  right  of  eminent  domainj  j 

REGtTL.XTION   OF   TRAFFIC   BETWEEN    CELILO   AND   THE   DAIXE^ 

Railroad  company  required  to  build  inclines  at  Get  I 
and  The  Dalles,  and  furnish  cars.  §  6987.  Whenever  *t 
person  or  persons,  company  or  corporation  shall  gral 
and  furnish  with  ties,  without  cost  to  the  railroad  co  i 
pany,  a  switch,  siding  or  incline  from  the  line  of  1 1« 
Oregon  Railway  and  Navigation  Company  at  or  near 
Celilo  to  the  water  line  of  the  river  adjacent  thereto,  a  id 
from  the  track  of  the  said  company's  line  at  or  near  tne 
city  of  The  Dalles  to  the  water  line  adjacent  there  o. 
it  shall  be  the  duty  of  the  company  owning  or  operating 
such  line  to  furnish  with  rails  and  all  other  necessary 
appurtenances,  and  to  connect  such  switch,  siding  or 
incline  with  their  rail  track,  and  from  time  to  time,  as 
ordered,  to  furnish  suitable  freight  cars  necessary  for  the 
transportation  of  such  freight  to  and  from  the  above 
points  so  named,  and  to  any  other  point  or  points  on 
the  line  of  the  Oregon  Railway  &  Navigation  Company, 
or  of  the  company  owning  or  operating  such  road,  as 
other  freight  is  transported  on  such  road. 

Schedule  of  freight  rates  between  Celilo  and  The  DaVes. 
§  6988.  It  shall  be  unlawful  for  the  company  or  corporation 
owning  or  operating  such  road  to  charge  or  receive  for 
the  transportaUon  of  freight  between  Celilo  and  The 
Dalles  a  compensation  or  charge  greater  than  the  schedule 
Of  rates,   as   appear  below,  the  freight  to  be  loaded  by 


'M 


I  4-    •;. 

i 


Public  Seevioe  Laavs 


1163 


consignor  and  unloaded  by  consignee.  For  carriages, 
machinery,  boilers,  household  goods,  furniture  and  other 
articles  of  this  class,  in  carload  lots.  $3  per  ton;  in  less 
than  carload  lots,  $2.75  per  ton;  for  groceries  of  all 
kinds,  sugar,  coffee,  syrup,  ham,  bacon,  lard,  pork,  canned 
goods,  rice,  beans,  peas,  lead  pipe,  iron  pipe,  iron  cast- 
ings, hardware,  flour  bags,  burlaps,  cotton  goods,  woolen 
goods,  dried  and  green  fruit  in  boxes,  barrels  or  sacks, 
wool  in  sacks,  wagons,  agricultural  implements  and  other 
goods  of  this  class,  in  carload  lots,  $1  per  ton;  less  than 
carload  lots,  $1.35  per  ton;  for  grain,  corn,  flour,  meal, 
millstuffs,  potatoes,  coal,  coke,  cement,  lime,  plaster, 
rock,  ore,  salt,  lumber,  wood,  grain  bags  in  bales,  wool 
bags  in  bales,  baled  wool,  barbed  wire,  nails,  posts, 
pickets  and  other  articles  of  this  class,  in  carload  lots, 
40  cents  per  ton;  in  less  than  carload  lots,  60  cents  per 
ton. 

Carload,  ivhat  deemed.  §  392.  According  to  the  mean- 
ing of  this  Act,  a  carload  shall  be  held  and  construed  to 
mean  10  tons  of  2,000  pounds  avoirdupois  each;  pro- 
vided, that  when  10  tons  of  freight  cannot  be  placed  in 
a  car  such  car  shall  be  deemed  and  taken  to  be  a  car- 
load. 

Time  within  which  cars  must  Be  furnished — Charge  to 
shipper  for  delay.  §  6990.  It  shall  be  unlawful  for  any 
person  or  persons,  company  or  corporation,  owning  or 
operating  such  road,  to  fail,  neglect  or  refuse  to  furnish 
such  cars  as  may  be  needed  or  ordered  by  any  shipper; 
provided,  that  there  shall  be  allowed  48  hours  within 
which  to  furnish  such  freight  cars  from  the  time  the 
same  are  ordered;  provided,  further,  that  any  shipper 
ordering  a  certain  number  of  freight  cars,  and  not  hav- 
ing completed  the  loading  of  them  within  48  hours  from 
the  time  such  cars  have  been  furnished,  may  be  charged 
by  the  company  operating  such  road  at  the  rate  of  $10 
per  day  for  each  car  not  loaded,  and  any  consignee  who 
shall  allow  cars  to  remain  unloaded  for  over  48  hours 
after  such  car  or  cars  have  been  placed,  as  ordered  by 
such  consignee,  he  may  be  charged  by  the  company  oper- 
ating such  road  at  the  rate  of  $10  per  day  for  each  car 
unloaded. 

Damages  recoverable  for  doing  prohibited  Acts.  §  6991. 
In  case  any  person  or  persons,  company  or  corporation, 
owning  or  operating  such  road,  shall  do,  suffer  or  permit 
to  be  done,  any  act,  matter  or  thing  in  this  Act  pro- 
hibited or  forbidden,  or  shall  omit  to  do  any  act,  matter 
or  thing  in  this  Act  required  to  be  done,  or  shall  be  guilty 
of  any  violation  of  the  provisions  of  this  Act,  such  per- 
son or  persons,  company  or  corporation  shall  forfeit  and 
pay  to  the  person  or  persons  who  may  sustain  damage 
thereby  a  sum  equal  to  three  times  the  damage  sus- 
tained, which  damage  shall  include  any  excess  of  freight 
money  paid,  even  though  such  payment  was  made  volun- 
tarily and  without  protest,  such  treble  danjage  to  be 
recovered  by  the  person  or  persons  so  damaged,  or  by 
his  or  her  assigns,  by  an  action  in  any  court  of  com- 
petent jurisdiction  where  the  person  or  persons  causing 
such  damage  can  be  found  or  may  have  an  agent  or  office 
or  a  place  of  business;  and  if  the  court  before  which 
such  action  is  to  be  tried  shall  be  of  the  opinion  that 
the  violation  of  the  law  was  wilful,  it  shall  make  allow- 
ance by  way  of  additional  costs  to  the  party  injured  of 
a  suflicient  sum  to  cover  all  his  counsel  and  attorney 
fees. 

Penalty  for  violating  Act  by  officer  of  company.  §  6992. 
Any  director  or  officer  of  any  corporation  or  company 
operating  such  road  between  the  two  points  hereinbefore 
mentioned,  or  any  person  engaged  as  agent  of  such 
company  or  corporation,  or  any  receiver  or  trustee,  or 
person  aforesaid,  who  shall  wilfully  do  or  cause,  or  wil- 
fully suffer  or  permit  to  be  done,  any  act,  matter  or 
thing  in  this  Act  prohibited  or  forbidden,  or  who  shall 
aid  or  abet  or  shall  wilfully  omit  or  fall  to  do  any  act, 
matter  or  thing  so  required  by  this  Act  to  be  done,  or 
shall  aid  or  abet  therein,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  be  fined  not  less  than  $500 
and  be  imprisoned  until  such  fine  is  paid,  computing  one 
day  for  each   $2  thereof. 

THE    PORT.\GE    RAILWAY — 1903 — 1907 1909. 

Board  of  portage  railway  commissioners — Powers. 
\  6993.  A  commission  to  consist  of  three  members,  who 
shall  be  residents  and  inhabitants  of  the  State  of  Oregon, 
is   hereby   created,   to   be   known   and   designated   as   the 


Board  of  Portage  Railway  Commissioners,  the  members 
of  which  shall,  on  the  day  this  Act  takes  effect,  be  ap- 
pointed by  the  governor,  and  shall  hold  office  during 
the  pleasure  of  the  governor.  Vacancies  in  said  com- 
mission, whether  caused  by  refusal  to  qualify  or  by  death 
or  resignation,  or  otherwise,  shall  be  filled  by  appoint- 
ment of  the  governor.  The  members  of  said  commission 
shall  serve  without  compensation,  but  they  shall  be  al- 
lowed their  necessary  traveling  expenses  and  hotel  ex- 
penses while  absent  from  their  places  of  business  on  any 
duty  or  business  authorized  by  this  Act  or  by  the  com- 
mission. The  commission,  when  appointed  and  organized, 
shall  have  the  power  and  perform  all  the  acts  and  things 
hereinafter  mentioned,  for,  in  and  on  behalf  of  the  State 
of  Oregon,  and  in  its  name,  to  wit: 

1.  To  build,  construct,  run,  equip,  operate  and  main- 
tain a  portage  railway  between  the  highest  and  lowest 
points  of  the  navigable  waters  of  the  Columbia  River, 
between  The  Dalles  and  Celilo,  in  Oregon,  as  in  their 
judgment  shall  be  sufficient  to  meet  the  demands  of 
transportation   at  these   points. 

2.  To  build  and  construct  all  necessary  wharves, 
switches  and  approaches  to  the  same;  to  purchase  and 
provide  said  roads  with  all  necessary  engines  and  roll- 
ing stock,  and  to  purchase  all  needful,  convenient  and 
necessary  supplies  for  the  successful  construction,  opera- 
tion  and   maintenance   of   the   same. 

3.  For  and  on  behalf  of  the  State,  and  in  its  name, 
to  purchase  all  necessary  land  or  rights  of  way  for  and 
on  behalf  of  the  State;  and  in  its  name  to  condemn,  by 
suit  or  action,  all  necessary  or  needful  lands  or  rights 
of  way  in  the  same  manner  as  is  provided  by  the  laws 
of  this  State  for  the  condemnation  of  lands  and  rights 
of  way  by  other  corporations  for  public  use. 

4.  To  employ  all  such  aid  as  may  be  necessary  to 
build,  construct,  operate  or  maintain  the  same. 

5.  To  do  and  perform  all  other  acts  necessary  or 
expedient  for  the  successful  construction,  operation  or 
maintenance  of  said   roads. 

When  to  begin  work,  i  6994.  Said  board  shall  com- 
mence to  build,  construct,  run,  operate  and  maintain 
said  road  as  .soon  as  there  are  any  available  funds  under 
the   provisions  of  this   Act. 

To  collect  freights  and  fares  fixed  by  them.  §  6995.  Said 
board  of  commissioners,  for  the  purpose  of  reimbursing 
the  State,  and  for  the  purpose  of  running,  operating  and 
maintaining  said  roads,  are  hereby  authorized  and  em- 
powered to  charge  and  collect  freights  and  fares  on  said 
roads,  to  be  fixed  and  adjusted  by  the  board;  provided, 
that  all  property,  or  prisoners  or  troops,  belonging  to  or 
under  the  control  of  the  State  of  Oregon,  shall  be  trans- 
ported over  said  road  free  of  charge. 

Books  to  be  kept  by  board.  §  6996.  It  shall  be  the  duty 
of  said  board  to  keep  suitable  books  in  which  shall  be 
entered  a  correct  statement  of  all  freights  and  passengers 
transported  over  said  roads,  or  either  of  them;  of  all 
moneys  received,  and  from  what  source;  of  all  property 
owned  by  the  State  for  the  purposes  aforesaid,  and  such 
books  shall,  at  all  reasonable  hours,  be  open  to  the  in- 
spection   of   any   person. 

Bond  of  employe  handling  money.  §  6997.  Before  any 
person  employed  by  said  board  shall  enter  upon  the 
discharge  of  any  duty  wherein  or  whereby  he  shall  have 
the  custody  or  handling  of  any  money,  he  shall  be  duly 
sworn,  and  execute  a  bond  to  the  State  of  Oregon,  to 
be  approved  by  said  board,  in  a  sum  not  less  than 
$5,000,  conditioned  to  the  effect  that  will  honestly  dis- 
charge the  duties  of  his  trust,  and  account  for  and  pay 
ov(  r  all  money  received  by  him  or  coming  Into  his  pos- 
session   or   control. 

Board  to  report  to  legislative  assembly.  §  6998.  It  shall 
be  the  duty  of  said  board  to  report  to  the  legislative 
assembly  of  this  State,  biennially,  everything  done  or 
performed  by  them  under  this  Act. 

Freights  and  fares,  how  used.  §  6999.  The  freights  and 
fares  charged  and  collected  by  said  board  shall  be  us«d 
In  running,  operating  and  maintaining  said  roads,  and 
the   surplus   shall  be   paid  into  the  State  treasury. ' 

Expenditures,  hoio  evidenced.  §  7000.  Any  expenditures 
authorized  hereby  and  incurred  by  said  commission  under 
the  provisions  of  this  Act  or  any  other  Act,  providing 
for  the   operation   and   maintenance   of  the   portage   rail- 


IICA 


National  Association  of  Eailway  Commissioners 


way,  shall  be  evidenced  In  the  form  of  a  verified  voucher 
In  duplicate,  the  amount  allowed  therein  to  be  approved 
by  the  commission,  one  of  which  said  vouchers  shall  be 
retained  with  the  records  of  said  commission,  the  other 
of  which  said  vouchers  shall  be  forwarded  to  and  audited 
by  the  secretary  of  State,  who  shall  thereupon  draw  his 
warrant,  for  the  amount  allowed,  en  the  treasurer  of 
the  State  of  Oregon,  in  favor  of  the  claimant,  against 
the  fund  known  as  the  "portage  railway  operation  and 
maintenance   fund." 

Appropriation.  §  7001.  That  there  be  and  is  hereby  ap- 
propriated, in  addition  to  the  unexpended  balance  of  the 
appropriation  made  by  chapter  66  of  the  General  Laws 
of  1905,  out  of  the  general  fund  in  the  State  treasury, 
not  otherwise  appropriated,  the  sum  of  $10,000  for  the 
purpose  of  operating  and  maintaining  the  State  portage 
railway,  constructed  under  an  Act  of  the  legislative 
assembly  of  the  State  of  Oregon,  approved  February  17, 
1903,  and  for  repairing  equipment,  and  for  the  general 
and  contingent  expenses  necessary  for  the  continued 
equipment,  operation  and  maintenance  of  said  railway. 

Disposition  of  funds.  §  7002.  The  secretary  of  State  Is 
hereby  authorized  and  directed,  to  issue  warrants  from 
time  to  time  on  requisitions  by  the  board  of  portage  com- 
missioners for  such  sums  appropriated  by  chapter  66, 
General  Laws,  1905,  not  heretofore  expended,  and  for 
such  sums  not  exceeding  the  amount  hereby  appro- 
priated as  said  requisitions  shall  call  for,  in  favor  of 
the  treasurer  of  the  State  of  Oregon,  and  the  treasurer 
of  the  State  of  Oregon  is  hereby  authorized  and  directed 
to  place  said  sums  to  the  credit  of  the  fund  known  as 
the  "portage  railway  operation  and  maintenance  fund," 
which  said  fund  is  to  be  used  for  the  purpose  set  cut 
In  I  6993,  under  the  direction  of  said  board  of  portage 
commissioners.  It  shall  be  the  duty  of  said  board  to 
pay  into  said  fund  all  sums  received  from  any  source 
In  the  operation  or  conducting  of  said  road,  and  all  dis- 
bursements of  every  kind  on  account  of  said  railway 
shall  be  made  as  hereinbefore  provided.  No  expense 
shall  be  incurred  in  excess  of  the  appropriations  made 
for  the  purpose  of  this  Act  and  the  receipts  from  the 
portage  railway,  and  no  indebtedness  whatsoever  shall 
be  created  other  than  is  payable  out  of  the  appropriations 
available  for  the  purposes  of  this  Act. 

Extension  of  portage  railway — Authority  of  comviission- 
ers.  §  7003.  The  board  of  portage  railway  commissioners 
and  their  successors  in  office  as  appointed,  qualified  and 
acting  and  hereafter  to  be  appointed,  qualified  or  acting 
by  virtue  of  an  Act  of  the  legislative  assembly  cf  the 
State  of  Oregon  dated  February  23,  1907,,  be  and  they 
are  hereby  authorized,  empowered  and  directed  to  build, 
construct,  operate  and  maintain  or  lease  in  connection 
with  the  portage  railway  as  now  built  and  constructed 
an  extension  of  said  portage  railway  from  some  suitable 
point  of  connection  therewith  at  or  immediately  east  of 
the  western  terminus  of  said  portage  railway  westerly 
to  a  suitable  point  in  Dalles  City,  Wasco  County,  Oregon, 
so  as  to  connect  the  same  with  the  wharves  and  boat 
landings  on  the  Columbia  River  immediately  in  front  of 
said  Dalles  City,  and  for  such  purpose  said  board  of 
portage  railway  commissioners  shall  have  full  power 
and  authority  for  and  on  behalf  of  the  State  of  Oregon 
and   in   its  name   to: 

1.  Build,  construct,  lease,  run,  equip,  operate  and 
maintain  as  an  extension  of  the  portage  railway  between 
Celilo  and  the  Big  Eddy  in  Wasco  County,  Oregon,  a 
railway  such  as  in  their  judgment  shall  be  sufficient  to 
meet  the  demands  of  transportation  as  an  extension  be- 
tween said  points,  the  same  to  be  connected  with  said 
portage  railway  at  some  point  at  or  east  of  the  western 
terminus  of  the  present  railway  to  a  suitable  point  in 
Dalles  City  so  as  to  connect  with  the  wharves  and  boat 
landings  immediately  in  front  of  said  Dalles  City. 

2.  To  build  and  construct  all  necessary  wharves, 
switches,  inclines  and  approaches  to  the  same;  to  pur- 
chase and  provide  said  road  with  all  necessary  engines 
and  rolling  stock,  and  to  purchase  all  needful,  convenient 
and  necessary  supplies  for  the  successful  construction, 
operation    and    maintenance   of   the    same. 

3.  For  and  on  behalf  of  the  State  of  Oregon  and  in 
Its  name  to  purchase  all  necessary   lands   and   rights  of 


way  for  and  on  behalf  of  the  State,  and  in  its  name 
to  condemn  by  suit  or  action  all  necessary  or  needful 
lards  and  rights  of  way  and  in  the  same  manner  as 
provided  by  the  laws  of  the  State  for  the  condemnation 
of  lands  and  rights  of  way  of  other  corporations  for 
public  use. 

4.  To  employ  all  necessary  aid  and  labor  that  may 
be  necessary  to  build,  construct,  operate  and  maintain 
the  same. 

5.  To  provide  by  contract  or  otherwise  for  the 
building  of  said  extension  to  said  portage  railway  and 
to  contract  therefor  in  the  name  and  on  behalf  of  the 
State  of  Oregon,  and  to  lease  the  tight  to  use  any  other 
read  and  make  connection  therewith  and  traffic  arrange- 
ments for  the  whole  or  any  part  of  said  proposed  ex- 
tension from  any  person  or  company  on  such  terms  as 
they   see   fit. 

6.  To  do  and  perform  all  other  acts  necessary  or 
expedient  for  the  successful  construction,  operation,  or 
maintenance   of  said   road. 

Appropriation.  S  7004.  That  there  be  and  is  hereby  ap- 
propriated for  the  purpose  aforesaid  out  of  the  general 
fund  of  the  State  of  Oregon  the  sum  of  $75,000,  or  to 
much  thereof  as  may  be  necessary  from  any  moneys 
not  otherwise  appropriated,  and  that  the  secretary  of 
State  be  and  he  is  hereby  authorized  to  draw  his  war- 
rant upon  the  State  treasurer  for  said  sum  or  any  pa-t 
thereof  when  directed  so  to  do  by  the  board.  No  e  c- 
penditure  shall  be  incurred  under  this  Act  in  excess  of 
the  sum  hereby  appropriated.  Said  sum  shall  be  kejit 
as  a  separate  fund,  and  all  warrants  drawn  by  said 
board  of  portage  railway  commissioners  for  the  purpose 
aforesaid  shall  be  drawn  upon  said  fund  and  paid  fro3a 
the  same  by  the  State  treasurer. 

Construction  of  extension  under  authority  of  comvtii 
sioners.  §  7005.  All  matters  and  things  in  connection  wttL 
the  construction  of  said  portage  railway  extension  shall' 
be  under  the  direct  power  and  control  of  said  board  (f  ' 
portage  railway  commissioners,  and  they  shall  perfona 
the  duties  provided  by  this  Act  in  the  construction  (f 
said  portage  railway  in  addition  to  the  duties  no  v 
imposed  upon  said  board  of  portage  railway  commls 
sioners.  S 

Extension  to  become  part  of  Portage  railway.  §  700 ! 
When  said  extension  shall  be  constructed  or  leased  j  s" 
hereinbefore  provided  the  same  shall  thereupon  be  co:i 
sidered  as  a  part  of  the  portage  railway  as  the  same  i  I 
now  constructed  and  operated  between  Celilo  and  saJL 
Big  Eddy,  and  shall  be  run  as  a  continuous  portage  1  ol 
said  Dalles  City,  and  the  said  board  of  portage  railway^ 
commissioners  shall  have  full  charge  and  control  of  tlj 
same,  the  same  as  they  now  have  of  the  portage  n^i 
way  as  now  constructed,  operated  and  maintained  I  y 
them,  and  all  laws  heretofore  passed  or  hereafter  passe  1, 
and  all  rules  and  regulations  made  or- In  force  with 
reference  to  the  portage  railway  as  the  same  is  no  v 
constructed  shall  apply  to  and  govern  the  operation  "f 
the  extension  thereof  as  provided  by  this  Act,  to  tl  e 
end  that  the  said  extension  shall  become  a  part  of  tl  e 
original  portage  railway  as  the  same  is  already  co  i- 
structed,  and  shall  be  controlled,  operated  and  mai  i- 
tained  the  same  as  has  heretofore  been  done  with  r«  f- 
erence  to  said  portage  railway  between  Celilo  and  tl  e 
Big  Eddy. 

OF    STREET    R.\II,WAY8. 

Fender  to  he  used  on  street  cars — Cities  may  substitu'r 
other  form,.  §7007.  Every  street  car  run,  operated,  or  usihI 
on  any  street  car  line  in  the  State  of  Oregon,  oth  t 
than  operated  by  horses,  shall  be  provided  with  gond 
and  substantial  aprons,  fenders,  or  guards,  which  shi  11 
be  constructed  so  as  to  be  firmly  attached  to  the  fro  it 
end  of  each  oar  and  extend  out  in  front  of  the  front 
platform  or  front  end  of  such  car,  not  less  than  t^.'O 
feet,  and  so  arranged  that  the  forward  end  of  suih 
apron,  fender  or  guard  shall  be  not  more  than  three 
inches  above  the  rails;  and  such  apron,  fender  or  guard 
shall  be  built  or  constructed  so  that  the  motorman,  or 
other  person  in  charge  of  such  car,  can  drop  the  front 
end  of  such  apron,  fender  or  guard  on  to  the  track,  so 
as  to  prevent  any  person  from  being  thrown  down  and 
run    over    by    or    caught    beneath    or    under    such    car; 


Public  Service  Laws 


llGo 


provided,  that  whenever,  in  the  judgment  of  the  mayor 
and  the  members  of  the  common  council  of  any  city  or 
town  incorporated  under  the  laws  of  this  State,  it  shall 
be  deemed  for  the  best  interests  of  the  residents  and 
inhabitants  of  any  such  city  or  town  to  substitute  in 
lieu  of  the  apron,  fender  or  guard,  hereinbefore  pro- 
vided for,  another  approved  design  of  apron,  fender  or 
guard,  said  mayor  and  said  city  council  shall  have  such 
right  whenever  there  shall  be  entered  upon  the  records 
of  said  city  or  tcwn  the  reasons  for  making  such  sub- 
stitution. 

Violations  of  Act  a  misdemeanor.  §  7008.  Any  violation 
of  the  provisions  of  this  Act  shall  be  a  misdemeanor, 
and  shall  subject  the  owner,  manager,  or  person  operating 
an>  such  street  railway  or  line  to  a  penalty  of  $50  fine 
for  the  first  offense  and  $100  for  each  and  every  subse- 
quent violation  thereof,  and  each  car  run  one  day  when 
not  so  equipped  shall  constitute  a  separate  violation 
hereof. 

District  attorney  to  see  to  enforcement  of  Act.  §  7009. 
It  shall  be  the  duty  of  the  district  attorney  of  the  various 
districts  in  this  State  to  see  that  the  provisions  of  this 
Act  are  strictly  enforced. 

Street  cars,  etc.,  to  be  provided  with  seats  for  motor- 
men.  S  7010.  Each  person,  firm  or  corporation  owning, 
managing,  or  operating  any  intrastate,  inlerurban  and 
city  electric  street  railway  line  in  the  State  of  Oregon 
shall  provide  all  cars  run  cr  used  on  his,  their,  or  its 
respective  roads  with  good,  substantial  and  sufficient 
seats  for  the  use  of  raotormen  operating  passenger  cars. 
Said  motormen  shall  be  permitted  to  occupy  said  seats 
at  least  one-half  the  time  while  operating  said  cars. 

Violation  of  provisions  a  misdemeanor.  §  7011.  Any 
violation  of  the  provisions  of  this  Act  shall  be  deemed 
a  misdemeanor,  and  shall  subject  the  owner  or  manager 
of  such  street  railway  line  to  a  penalty  of  $oO  fine  for 
the  first  offense,  and  $100  for  each  and  every  subsequent 
violation  thereof,  and  each  car  run  one  day  when  not  so 
equipped  shall  constitute  a  separate  violation  thereof. 
Street  car  vestibules  required  during  what  months. 
g  7012.  Each  corporation,  company,  and  Individual  own- 
ing, managing,  or  operating  any  street  railway  line  in 
the  State  of  Oregon  shall  provide,  during  the  months 
of  November,  December,  .lanuary,  February  and  March 
of  each  year,  all  cars  run  or  used  on  its  or  their  re- 
spective roads  with  good,  substantial,  and  sufficient  vesti- 
bules or  weather  guards  for  the  reasonable  protection 
cf  the  employes  operating  passenger  cars  of  such  cor- 
poration, cornpany,  or  individual. 

Hotr  constructed  and  maintained.  S  7013.  The  vestibules 
or  weather  guards  provided  for  in  §  7012  shall  be  so  con- 
structed and  so  maintained  and  adjusted  upon  each  car 
during  each  of  the  said  months  as  to  reasonably  protect 
the  employes  of  such  corporation,  company,  or  individual 
operating  said  passenger  car  from  the  wind,  rain  or 
snow. 

Penalty  for  violation  of  Act.  §  7014.  Any  violation  of 
the  provisions  of  this  Act  shall  be  deemed  a  misde- 
meanor, and  shall  subject  the  owner  or  manager  of  such 
street  railway  line  to  a  penalty  of  $100  fine  for  the 
first  offense,  and  $100  for  each  and  every  subsequent 
violation  thereof,  and  each  car  run  one  day  when  not 
so   equipped   shall   constitute   a   separate  violation   hereof. 

Prosecuting  attorneys  required  to  enforce  Act.  S  7015. 
It  shall  be  the  duty  of  the  prosecuting  attorneys  of  the 
various  districts  in  this  State  to  see  that  the  provisions 
of   this   Act   are   strictly   enforced. 

OF  THE  RIGHTS  OF  PROPERTY. 

01'  LIENS  ON   STRUCTURES,  ETC.,   .VXD  I,.\NI). 

Liens  of  mechanics,  etc.,  who  entitled  to.  S  7016.  Every 
mechanic,  artisan,  machinist,  builder,  contractor,  lum- 
ber merchant,  laborer,  teamster,  drayman  and  other 
person  performing  labor  upon  or  furnishing  material, 
or  transporting  or  hauling  any  material  of  any  kind  to 
be  used  in  the  construction,  alteration  or  repair,  either 
In  whole  or  in  part,  of  any  building,  wharf,  bridge,  ditch, 
flume,  tunnel,  fence,  machinery  or  aqueduct,  or  any  struc- 
ture  or  superstructure,  shall   have  a  lien   upon  the   same 


for  the  work  or  labor  done  or  transportation  or  material 
furnished  at  the  instance  of  the  owner  of  the  building  or 
other  improvement  or  his  agent;  and  every  contractor, 
subcontractor,  architect,  builder  or  other  person  having 
charge  of  the  construction,  alteration  or  repair,  in  whole 
or  in  any  part,  of  any  building  or  other  improvement, 
as  aforesaid,  shall  be  held  to  be  the  agent  of  the  owner 
for    the    purposes    of    this    Act. 

Railroad  property  subject  to  what  lien.  §  7429.  Any 
and  all  person  cr  persons  who  shall  hereafter,  as  sub- 
contractor, material  man  or  laborer,  furnish  to  any 
contractor  to  any  railroad  corporation  any  fuel,  ties, 
materials,  supplies  or  other  article  or  thing,  or  who 
shall  do  or  perform  any  work  or  labor  for  such  con- 
tractor in  conformity  with  any  terms  of  any  contract, 
express  or  implied,  which  such  contractor  may  have 
made  with  any  such  railroad  corporation,  shall  have  a 
lien  upon  all  property,  real,  personal  and  mixed,  of 
said  railroad  corporation;  provided,  such  subcontractor, 
material  man  or  laborer  shall  have  complied  with  the 
provisions  of  this  Act,  but  the  aggregate  of  all  liens 
hereby  authorized  shall  not  in  any  case  exceed  the  price 
agreed  upon  in  the  original  contract  to  be  paid  by  such 
corporation  to  the  original  contractor.  Nor  shall  such 
corporation  be  liable  for  any  greater  sum  than  the 
amount  then  actually  due  by  such  corporation  to  said 
original  contractor;  and  provided,  further,  that  no  such 
lien   shall   take   priority   over  existing   liens. 

Notice  required  to  be  given  and  form  of.  §  7430.  The 
person  performing  such  labor  shall  cause  a  notice  in 
writing  to  be  served  on  such  officer  of  said  corporation 
at  the  place  where  the  principal  office  of  the  corpora- 
tion is  located  as  the  service  of  summons  may  be  made, 
which  said  notice  may  be  in  the  following  form,  or 
any  similar  form: 
To  the (name  of  company) : 

You    are    hereby    notified    that    I    am    (or    have    been) 

employed    by    as  a   laborer   (or  have 

furnished    supplies,    as    the    case    may    be)     on    or    for 

t^P.   of    the    value    of    $ ,    which    sum 

(said  contractor  or  railrcad  company,  as  the  case  may 
be)    agreed    to    pay   me    therefor,    and    upon    which    there 

is   now  due  to  me   the  sum   of  $ and   that   I   shall 

hold  all  property  of  said  railroad  company  to  secure 
my    pay. 

If  there  shall  be  a  contractor  and  subcontractor, 
material  man  or  laborer,  a  copy  of  the  original  contract 
shall  be  served  with  such  notice  and  attached  thereto, 
which  notice  shall  be  served  at  any  time  within  20  days 
after  the  completion  of  such   subcontract  or  such  labor. 

Release  of  lien,  how  procured — Suit  to  enforce  claim 
against  fund  in  court.  §  7431.  The  said  railroad  corpora- 
tion may  at  any  time  discharge  and  release  itself  from 
any  liability  on  account  of  the  liens  secured  under  this 
Act  by  depositing  with  the  clerk  of  the  Circuit  Court 
of  the  county,  where  the  principal  office  of  said  corpora- 
t'on  is  located,  the  moneys  due  by  it  to  such  original 
contractor,  and  publishing  notice  thereof  in  some  news- 
paper of  general  circulation  in  the  county  for  two  weeks, 
and  such  deposit  shall  also  operate  to  release  said  com- 
pany from  the  claim  of  said  original  contractor;  there- 
upon any  person  interested  in  said  moneys  may  commence 
suit  in  the  proper  Circuit  Court  against  said  railroad 
corporation  and  the  contractor,  setting  forth  the  nature 
of  his  claim  and  the  amount  due,  as  near  as  may  be,  and 
the  fact  that  the  contractor  has  failed  to  complete  his 
contract,  and  that  said  fund  has  been  deposited  in  court 
by  such  railroad  company.  The  clerk  of  said  court  shall 
thereupon  issue  a  citation  directed  to  all  persons  or  cor- 
porations interested  in  the  matter  set  forth  in  the  peti- 
tion, and  in  said  fund,  to  be  published  in  some  news- 
paper published,  printed  in,  and  of  general  circulation 
in  the  county  for  four  successive  weeks,  setting  forth 
that  said  complaint  has  been  filed,  and  the  nature  thereof, 
and  that  all  persons  interested  may  appear  and  file  such 
claims  as  they  may  have,  at  a  time  stated  in  such  cita- 
tion; and  the  court,  on  application  of  any  person  inter- 
ested, shall  cause  all  persons  interested  in  said  fund  to 
be  brought  in,  and  the  claims  of  such  persons  as  may 
interplead,  may  render  such  a  decree  against  said  cor- 
poration as  may  be  due  to  the  plaintiff  and  such  persons 
as   interplead,  and   such   decree  shall   have  the  effect  as 


1166 


National  Association  of  Hailwat  Commissioners 


other  decrees  against  said  original  contractor  and  against 
eald  railroad  corporation. 

Suit  may  6e  prosecuted  against  company  and  contractor 
jointly.  §  7432.  If  the  money  due  the  person  having  given 
notice  as  aforesaid  shall  not  be  paid  within  10  days  after 
the  money  shall  become  due  and  payable,  and  within  10 
days  after  such  notice  has  been  served,  then  such  person 
may  commence  suit  therefor  in  any  court  having  juris- 
diction of  the  amount  claimed  to  be  due  against  the 
corporation  with  which  the  original  contract  was  made; 
or  he  may  commence  suit  as  aforesaid  against  such 
railroad  corporation  and  original  contractor  jointly,  and 
execution  may  issue  thereon  as  in  other  cases. 

Uncompleted  contract,  lien  claimant  may  sue.  §  7433. 
Should  the  original  contractor  in  any  case  fail  to  com- 
plete his  contract,  any  person  entitled  to  a  lien  as  afore- 
said may  commence  suit  in  the  proper  Circuit  Court 
against  the  railroad  corporation  and  the  contractors,  set- 
ting forth  the  nature  of  his  claim  and  the  amount  due, 
as  near  as  may  be,  and  the  fact  that  the  contractor  has 
failed  to  complete  his  contract.  The  clerk  of  said  court 
shall  thereupon  issue  a  citation,  directed  to  all  persons 
or  corporations  interested  in  the  matter  set  forth  in  the 
complaint  in  said  court,  to  be  published  in  some  news- 
paper printed  In  and  of  general  circulation  in  the  county 
for  four  successive  weeks,  setting  forth  that  said  suit 
has  been  commenced,  and  the  nature  thereof,  and  that 
all  persons  interested  may  appear  and  file  such  claim 
as  they  may  have  at  a  time  to  be  stated  in  such  citation; 
and  the  court,  on  the  hearing  of  said  suit  and  the  claims 
of  such  persons  as  may  interplead,  may  render  such 
a  decree  against  said  corporation  as  may  be  due  to  the 
plaintiff  and  such  persons  as  interplead;  and  such  de- 
cree shall  have  the  effect  as  other  decrees  against  such 
original  contractor  and  against  said  railroad  corporation, 
and  execution  may  issue  upon  the  same  to  enforce  such 
decree  against  either. 

Attorney's  fee  may  6e  taxed  as  costs.  §  7434.  Whenever 
any  suit  so  brought  shall  be  determined  in  favor  of  the 
plaintiff  or  petitioner,  the  court  shall  allow  such  attor- 
ney's fees  as  may  be  reasonable,  to  be  taxed  as  costs. 

OF  LIENS  ON  PERSONAL  PROPERTY. 

FOB  TRANSPORTATION  OR  STORAGE,  OB  CARE  OF  STOCK. 

Carriers,  warehouseman,  etc.,  entitled  to  liens.  §  7452. 
Any  person  who  is  a  common  carrier,  or  who  shall,  at 
the  request  of  the  owner  or  lawful  possessor  or  any  per- 
sonal property,  carry,  convey  or  transport  the  same 
from  one  place  to  another,  and  any  person  who  shall 
safely  keep  or  store  any  grain,  wares,  merchandise  and 
personal  property  at  the  request  of  the  owner  or  lawful 
possessor  thereof,  and  any  person  who  shall  depasture 
or  feed  any  horses,  cattle,  hogs,  sheep  or  other  live 
stock,  or  bestow  any  labor,  care  or  attention  upon  the 
same  at  the  request  of  the  owner  or  lawful  possessor 
thereof,  shall  have  a  lien  upon  such  property  for  his  just 
and  reasonable  charges  for  the  labor,  care  and  attention 
he  has  bestowed  and  the  food  he  has  furnished,  and  he 
may  retain  possession  of  such  property  until  such  charges 
be  paid. 

Proceeding  to  enforce  such  lien.  §  7453.  If  such  just 
and  reasonable  charges  be  not  paid  within  three  months 
after  the  care,  attention  and  labor  shall  have  been  per- 
formed or  bestowed,  or  the  materials  or  food  shall  have 
been  furnished,  the  person  having  such  lien  may  proceed 
to  sell  at  public  auction  the  property  mentioned  in  the 
last  two  sections,  or  a  part  thereof  sufficient  to  pay  such 
just  and  reasonable  charges.  Before  selling,  he  shall 
give  notice  of  such  sale  by  advertisement  for  three  weeks, 
in  a  newspaper  published  in  the  county,  or  by  posting  up 
notice  of  such  sale  in  three  of  the  most  public  places  in 
the  city  or  precinct  for  three  weeks  before  the  time  of 
such  sale,  and  the  proceeds  of  such  sale  shall  be  applied, 
first,  to  the  discharge  of  such  lien,  and  the  cost  and 
expenses  of  keeping  and  selling  such  property,  and  the 
remainder,  if  any,  shall  be  paid  over  to  the  owner  there- 
of; provided,  that  nothing  herein  contained  shall  be  so 
construed  as  to  authorize  any  warehouseman  to  sell 
more  of  any  wool,  wheat,  oats  or  other  grain  than  suffi- 
cient to  pay  charges  due  said  warehouseman  on  such 
wool,  wheat,  oats  or  other  grain;  and  provided,  fur- 
ther,   that    if    any    such    warehouseman    shall    sell,    loan 


or  dispose  of  in  any  manner,  without  consent  of  the 
owner  thereof,  any  such  wool,  wheat,  oats  or  other 
grain,  he  shall  for  each  and  every  such  offense,  forfeit 
and  pay  to  the  owner  of  such  wool,  wheat,  oats  or  other 
grain  a  sum  equal  to  the  market  value  thereof,  and 
50  per  cent  of  said  market  value  in  addition  as  a  pen- 
alty, the  market  value  to  be  the  price  such  article  or 
articles  bear  at  the  time  the  owner  thereof  determines 
to  sell  the  same,  such  value  and  penalty  to  be  recovered 
by  an  action  at  law. 

Special  agreement  not  affected  by  preceding  provisions. 
§  7454.  The  provisions  of  the  last  three  sections  shall  not 
interfere  with  any  special  agreement  of  the  parties. 

OF    UNCLAIMFJ)    AND    LOST    PHOPERTV. 

Consignee  or  bailee  must  enter  description  of  property 
and  date.  |  7595.  Whenever  any  personal  property  shall  be 
consigned  to  or  deposited  with  any  forwarding  merchant, 
wharf,  warehouse,  or  tavern  keeper,  or  the  keeper  of  any 
depot  for  the  reception  and  storage  of  trunks,  baggage, 
merchandise  or  other  personal  property,  such  consignee 
or  bailee  shall  immediately  cause  to  be  entered  in  a 
book  kept  by  him  a  description  of  such  property,  with 
the  date  of  reception  thereof. 

Consignee  or  bailee  must  notify  owner,  when.  §  7596. 
If  such  property  shall  not  have  been  left  with  such  con- 
signee or  bailee  for  the  purpose  of  being  forwarded  or 
disposed  of  according  to  directions  received  by  such 
consignee  or  bailee  at  or  before  the  time  of  the  re- 
ception thereof,  and  if  the  name  and  residence  of  the 
owner  of  such  property  be  known  to  the  person  having 
such  property  in  his  possession,  he  shall  immediately 
notify  the  owner,  by  letter  directed  to  him  and  deposited 
in  the  postoffice,  of  the  reception  of  such  property. 

Person  in  possession  may  sell  property,  when.  §  7597. 
If  any  such  property  shall  not  be  claimed  and  taken 
away  within  one  year  after  the  time  It  shall  have  been 
so  received,  the  person  having  possession  thereof  may  at 
any  time  thereafter  proceed  to  sell  the  same  in  the 
manner   provided   in   this   chapter. 

Notice  of  sale,  how  given.  §  7598.  Before  any  such  prop- 
erty shall  be  sold,  if  the  name  and  residence  of  the 
owner  thereof  be  known,  at  least  60  days'  notice  of  such 
sale  shall  be  given  him,  either  personally  or  by  mail, 
or  by  leaving  a  notice  at  his  residence  or  place  of 
doing  business;  but  if  the  name  and  residence  of  the 
owner  be  not  known,  the  person  having  the  possession 
of  such  property  shall  cause  a  notice  to  be  published 
containing  a  description  of  the  property  for  the  space  of 
six  weeks  successively  in  a  newspaper  if  there  be  one 
published  in  the  same  county;  it  there  be  no  newspaper 
published  in  the  same  county,  then  said  notice  shall  be 
published  in  a  newspaper  nearest  thereto  in  the  State; 
the  last  publication  of  such  notice  shall  be  at  least 
18   days   previous   to   the   time   of   sale. 

Proceeding  when  property  not  claimed.  §  7599.  If  the 
owner  entitled  to  such  property  shall  not  take  the  same 
away  and  pay  the  charges  thereon  after  60  days'  notice 
shall  have  been  given,  it  shall  be  the  duty  of  the  person 
having  possession  thereof,  his  agent  or  attorney,  to 
make  and  deliver  to  a  justice  of  the  peace  of  the  same 
county  an  affidavit  setting  forth  a  description  of  the 
property  remaining  unclaimed,  the  time  of  its  reception, 
the  publication  of  the  notice,  and  whether  the  owner  of 
such  property  be  known  or  unknown. 

Inventory  and  order  of  sale.  S  7600.  Upon  the  delivery 
to  him  of  such  affidavit,  the  justice  shall  cause  such 
property  to  be  opened  and  examined  in  his  presence 
and  a  true  inventory  thereof  to  be  made,  and  shall  an- 
nex to  such  inventory  an  order  under  his  hand  that 
the  property  therein  described  be  sold  by  any  constable 
of  the  precinct  where  the  same  shall  be  at  public  auction. 

Sale  by  constable,  notice  of.  §  7601.  It  shall  be  the  duty 
of  such  constable  receiving  such  inventory  and  order  to 
give  10  days'  notice  of  the  sale,  by  posting  up  written 
notices  thereof  in  three  or  more  places  in  such  precinct, 
and  to  sell  such  property  at  public  auction  to  the  highest 
bidder,  in  the  same  manner  as  provided  by  law  for 
sales  under  execution  from  Justices'  Courts. 

Return  of  constable  and  fees.  S  7602.  Upon  completing 
the  sale,  the  constable  making  the  same  shall  endorse 
upon    the    order    aforesaid    a    return    of    his    proceeding 


Public  Service  Laws 


1167 


thereon,  and  return  the  same  to  the  justice,  together  with 
the  inventory  and  the  proceeds  of  sale,  after  deducting 
his  fees. 

Justice  to  pay  charges — Disposition  of  residue.  §  7603. 
From  the  proceeds  of  such  sale,  the  justice  shall  pay  all 
legal  charges  that  have  been  incurred  in  relation  to  such 
property,  or  a  ratable  proportion  of  each  charge,  if  the 
proceeds  of  said  sale  shall  not  be  sufficient  to  pay  all 
the  charges;  and  the  balance,  if  any  there  be,  he  shall 
immediately  pay  over  to  the  treasur.er  of  the  county  in 
which  the  same  shall  be  sold,  and  deliver  a  statement 
therewith,  containing  a  description  of  the  property 
sold,  the  gross  amount  of  such  sale,  and  the  amount  of 
costs,    charges    and    expenses   paid    to   each    person. 

County  treasurer  to  make  entry  of  amount  received. 
I  7604.  The  county  treasurer  shall  make  an  entry  of  the 
amount  received  iDy  him,  and  the  time  when  received, 
and  shall  file  in  his  office  such  statement  so  delivered 
to   him   by   the   justice. 

When  owner  may  claim  deposit.  §  7605.  If  the  owner 
of  the  property  sold,  or  his  legal  representative,  shall, 
at  any  time  within  five  years  after  such  money  shall 
have  been  deposited  in  the  county  treasury,  furnish  satis- 
factory evidence  to  the  treasurer  of  the  ownership  of 
such  property,  he  or  they  shall  be  entitled  to  receive 
from  such  treasurer  the  amount  so  deposited  with  him. 

Proceeds  not  claimed  in  five  years  belong  to  county. 
§  7606.  If  the  amount  so  deposited  with  any  county  treas- 
urer shall  not  be  claimed  by  the  owner  thereof  or  his 
legal  representatives  within  the  said  five  years,  the  same 
shall  belong  to  the  county,  and  may  be  disposed  of  as 
the  County  Court  may  direct. 

Sale  of  decaying  or  perishable  property.  §  7607.  Prop- 
erty of  a  perishable  kind,  and  subject  to  decay  by  keep- 
ing, consigned  or  left  in  manner  before  mentioned,  if 
not  taken  away  within  30  days  after  it  shall  have  been 
left,  may  be  sold  by  giving  10  days'  notice  thereof;  the 
sale  to  be  conducted  and  the  proceeds  of  the  same  to 
b2  applied  in  the  manner  before  provided  in  this  chapter; 
provided,  that  any  property  in  a  state  of  decay,  or  that 
is  manifestly  liable  immediately  to  become  decayed, 
may  be  summarily  sold  by  order  of  a  justice  of  the 
peace,    after   inspection    thereof,   as   provided   in   §  7600. 

Fees  of  justice  and  constable.  §  7608.  The  fees  allowed 
to  any  justice  of  the  peace  under  the  provisions  of  this 
chapter  shall  be  ?3  for  each  days'  service;  and  to 
any  constable  the  same  fees  as  are  allowed  by  law  for 
sales  upon  an  execution,  and  10  cents  a  folio  for  making 
an  inventory  of  property. 

OF  THE  PROTKCTIO.X   OF  WATFB  FOR  DOMESTIC  OE   JIIUNICII'AL 
USE— 1885. 

Polluting  with  sewage,  etc.,  water  for  domestic  use  un- 
la^oful.  S  2237.  Any  person  who  shall  put  any  sewerage, 
drainage  or  refuse,  or  polluting  matter,  as  either  by  it- 
self or  in  connection  with  other  matter  will  corrupt 
or  impair  the  quality  of  any  well,  spring,  brook,  creek, 
branch  or  pond  of  water,  which  is  used  or  may  be 
used  for  domestic  purposes,  shall  be  deemed  guilty  of 
misdemeanor. 

Animal  carcass,  etc.,  unlaicful  to  place  in  water  for  do- 
mestic usc'or  near  dwelling.  §2238.  If  any  person  shall 
put  any  dead  animal  carcass,  or  part  thereof,  excrement, 
putrid,  nauseous,  noisome,  decaying,  deleterious  or  offen- 
sive substance  into,  or  in  any  other  manner  not  herein 
named  befouls,  pollutes  or  impairs  the  quality  of,  any 
spring,  brook,  creek,  branch,  well  or  pond  of  water  which 
is  or  may  be  used  for  domestic  purposes,  or  shall  put 
any  such  dead  animal  carcass,  or  part  thereof,  excre- 
ment, putrid,  nauseous,  noisome,  decaying,  deleterious 
or  offensive  substance  within  one-half  mile  of  any 
dwelling  house  or  public  highway  and  leave  the  same 
without  proper  burial,  or,  being  in  possession  or  control 
of  any  land,  shall  knowingly  permit  or  suffer  any  such 
dead  animal  carcass,  or  part  thereof,  excrement,  putrid, 
nauseous,  noisome,  decaying,  deleterious  or  offensive 
substance  to  remain  without  proper  burial  upon  such 
premises,  within  one-half  mile  of  any  dwelling  house  or 
public  highway,  whereby  the  same  becomes  offensive  to 
the  occupants  of  such  dwelling  or  the  traveling  public, 
he  shall   be   deemed   guilty  of  a   misdemeanor. 

Penalty  for  violating  preceding  provisions,  and  jurisdic- 


tion to  enforce.  §  2239.  Any  person  violating  the  pro- 
visions of  this  Act  shall,  upon  conviction,  be  fined  not 
less  than  $10  nor  more  than  $50,  or  be  Imprisoned  not 
less  than  five  days  nor  more  than  25  days,  or  by  both 
fine  and  imprisonment.  Justices  of  the  peace  shall  have 
jurisdiction  of  olfenses  committed  against  the  provisions 
of   this   Act. 

Polluting  icater  supply  of  city  of  adjoining  State  un- 
lawful. S  2241.  Any  person  who  shall  place  or  cause  to  be 
placed  within  any  watershed  from  which  any  city  or  mu- 
nicipal corporation  of  any  adjoining  State  obtains  its 
water  supply,  any  substance  which  either  by  itself  or 
in  connection  with  other  matter  will  corrupt,  pollute  or 
impair  the  quality  of  said  water  supply,  or  the  owner  of 
any  dead  animal  who  shall  knowingly  leave  or  cause  to 
be  left  the  carcass  or  any  portion  thereof  within  any 
such  watershed  in  such  condition  as  to  in  any  way  cor- 
rupt or  pollute  such  water  supply,  shall  be  deemed 
guilty  of  misdemeanor  and  upon  conviction  shall  be 
punished  by  a   fine  in  any  sum  not  exceeding  $500. 

Municipality  of  adjoining  State  may  condemn  lands  to 
protect  water  supply.  §  3302.  That  any  municipal  cor- 
poration of  any  State  adjoining  the  State  of  Oregon  may 
acquire  title  to  any  land  or  water  right  within  the  State 
of  Oregon,  by  purchase  or  condemnation,  which  lies 
within  any  watershed  from  which  said  municipal  [cor- 
poration]   obtains   or  desires   to  obtain   its   water   supply. 

Injury  to  conduit,  dam,  etc. — Malicious  drawing  off  of 
water.  §  1975.  If  any  person  shall  maliciously,  wantonly, 
or  wilfully  cut,  break  down,  injure,  destroy  or  remove 
any  water  ditch,  canal,  flume,  trench,  pipe  or  reservoir, 
or  any  other  thing  used  for  conveying,  receiving  or  hold- 
ing water  used  or  designed  for  mining,  irrigating,  manu- 
facturing or  domestic  purposes;  or  any  dam,  reservoir, 
gate,  flume,  flashboard  or  other  appurtenances  used  or  de- 
signed for  any  of  said  purposes,  or  any  wheel,  wheel 
gear,  or  machinery  of  any  mill  or  manufactory,  or  ma- 
chinery used  for  pumping  water  for  any  of  said  pur- 
poses, or  shall  maliciously  or  without  color  of  right  ob- 
struct, draw  oft,  or  use  any  portion  of  the  water  flowing 
through  or  contained  in  such  water  ditch,  canal,  trench, 
pipe,  dam  or  reservoir,  or  any  mill  pond  or  other  re- 
ceptable  used  tor  containing  such  water,  said  person, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of 
not   less   than   $10   nor  more  than   $500. 

Injuries  to  gas  pipes  or  electric  wires,  etc.  §  1992.  Any 
person  who  wilfully  or  maliciously,  with  intent  to 
injure   or   defraud — 

1.  Connects  a  tube,  pipe,  wire  or  other  instrument  or 
contrivance,  with  a  pipe  or  wire  used  for  conducting  or 
supplying  of  illuminating  gas  or  fuel  or  electricity  in 
such  a  manner  as  to  supply  such  gas  or  electricity  in 
burner,  orifice,  lamp  or  motor  where  the  same  is  or  can 
be  burned  or  used  without  passing  through  the  meter 
or  instrument  provided  for  registering  the  quantity  con- 
sumed; or 

2.  Obstructs,  alters,  injures  or  prevents  the  action 
of  a  meter  or  other  instrument  used  to  measure  or  regis- 
ter the  quantity  of  illuminating  gas  or  fuel  or  electricity 
consumed  or  used  in  a  building,  house,  department  or 
office,  or  at  any  orifice  or  burner,  or  lamp  or  motor,  or 
by  a  lawful  consumer;  or  any  person  other  than  a  city 
official,  inspector  or  deputy  inspector,  or  an  employe  of 
the  company  owning  any  gas  or  electric  meter,  who  wil- 
fully shall  detach  or  disconnect  such  meter,  or  make  or 
report  any  test  or  examine  for  the  purpose  of  testing 
any  such  meter  so  detached  or  disconnected;   or 

3.  In  any  manner  whatever  changes,  extends  or  alters 
any  service  or  other  pipe,  wire  or  attachment  of  any  kind 
connecting  or  through  which  artificial  gas  or  electricity 
is  furnished  from  the  gas  mains  or  pipes  or  wires  of  any 
person,  company  or  corporation,  without  first  procuring 
from  said  person,  company  or  corporation  written  per- 
mission to  make  such  change,  extension  or  alteration;   or 

4.  Makes  any  connection  or  reconnectiou  with  the 
gas  mains,  service  pipes  or  wires  of  any  person,  company 
or  corporation  furnishing  to  consumers  gas  or  electricity, 
or  turns  on  or  off  or  in  any  manner  interferes  with  any 
valve  or  stopcock  or  other  appliances  belonging  to  such 
person,  company  or  corporation,  and  connected  with  its 
service  or  other  pipes  or  wires,  or  uses  electricity  for 
any  purpose,  without  first  procuring  from  such  person, 
company  or  corporation  a  written  permit  to  turn  on  or 


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National  Association  of  Eailway  Commissioners 


off  such  stopcock  or  valve,  or  to  make  such  connections 
or  reconnections,  or  to  interfere  with  the  valves,  stop- 
cocks, wires  or  other  appliances  of  such  person,  company 
or  corporation,  as  the  case  may  be;   or 

5.  Retains  possession  of  or  refuses  to  deliver  any 
meter  or  meters,  lamp  or  lamps  or  other  appliances 
which  may  be  or  may  have  been  loaned  or  rented  to 
them  by  any  person,  company  or  corporation  for  the 
purpose  of  furnishing  gas,  electricity  or  power  through 
the  same,  or  who  sells,  loans  or  in  any  manner  dis- 
poses of  the  same  to  any  person  or  persons  other  than 
the  said  person,  company  or  corporation  entitled  to  the 
possession   of   the   same;    or 

6.  Sets  on  Are  any  gas  escaping  from  leaking  mains, 
pipes,  valves  or  other  appliances  used  by  any  person, 
company  or  corporation  in  conveying  gas  to  consumers, 
or  interferes  in  any  manner  with  the  pipes,  mains, 
gate  boxes,  valves,  stopcocks,  wires,  cables,  conduits, 
or  any  other  appliances,  machinery  or  property  of  any 
person,  company  or  corporation  engaged  in  furnishing 
gas  or  electricity  to  consumers,  unless  employed  by  or 
acting  under  the  authority  or  direction  of  such  person, 
company  or  corporation;   or 

7.  Without  lawful  authority  displaces,  removes,  in- 
jures, interferes  with,  alters  or  destroys  any  lawfully 
constructed  line  or  lines  of  wire  or  cable  or  material, 
property  or  apparatus  belonging  or  appertaining  thereto 
used  for  conducting  or  transmitting  electricity,  for  any 
purpose  whatsoever,  or  cuts,  breaks,  taps  or  makes  con- 
nections with  any  such  line  or  lines  of  wire  or  cable 
or   material,   property  or  apparatus;    or 

8.  Breaks,  injures,  interferes  with,  alters  or  destroys 
any  arc  or  incandescent  electric  lamp,  or  its  appurten- 
ances, or  any  gas  lamp  lawfully  used  for  lighting  any 
street,  road  or  public  place  or  private  place;    or 

9.  Aids,  assists,  agrees  with,  employs  or  conspires 
with  any  person  or  persons  to  do  or  causes  to  be  done 
or  permitted  any  of  the  acts  hereinbefore  mentioned 
which  by  this  Act  is  made  punishable,  shall  be  punished 
by  imprisonment  in  the  county  jail  not  less  than  30 
days  nor  more  than  one  year,  or  by  imprisonment  in  the 
penitentiary  not  less  than  six  months  nor  more  than 
two  years,  or  by  fine  not  less  than  $50  nor  more  than 
$500,  or  by  both  such  imprisonment  and  fine. 

Rights  of  ivay  for  water  ditches  and  pipes.  §  3940.  A 
right  of  way  for  the  construction  of  a  water  ditch  to 
be  used  for  irrigation,  manufacturing  or  mining  purposes, 
ditches  or  water  pipes  for  conveying  water  to  cities  and 
towns  for  domestic  purposes,  or  for  the  extinguishment 
of  fires,  is  hereby  granted  to  any  individuals  or  corpora- 
tions who  may  construct  such  water  ditches  or  water 
pipes  over  any  of  the  State  lands  belonging  to  the  State 
of  Oregon — tide,  swamp  and  overflowed  lands  and 
school  lands — for  a  distance  on  each  side  of  said 
ditches  or  water  pipes  of  25  feet. 

Owners  of  ditch,  etc.,  to  make  crossing — Proceedings  on 
failure.  §  6382.  Any  person,  company,  or  corporation  own- 
ing or  constructing  any  ditch,  canal,  flume  or  pipe  line 
across  any  public  highway  or  public  traveled  road  shall 
put  a  good,  substantial  bridge  or  culvert,  of  such  width 
and  material  as  the  County  Court,  of  the  county  in  which 
said  bridge  or  culvert  may  be  situated  shall  order  over 
such  ditch,  canal,  flume  or  pipe  line  where  it  crosses 
said  highway  or  road,  and  shall  thereafter  keep  the 
same  In  good  repair.  Travel  shall  not  be  suspended  by 
the  construction  of  said  ditch,  canal,  flume  or  pipe  line, 
and  such  bridge  or  culvert  shall  be  completed  within 
three  days  from  the  time  said  highway  or  road  is  inter- 
sected. In  case  such  bridge  or  culvert  is  not  so  con- 
structed or  completed  it  shall  be  the  duty  of  the  road 
supervisor  of  the  road  district  in  which  the  point  of 
Intersection  is  situated  to  construct  said  bridge  or 
culvert,  and  he  shall  bring  an  action  in  his  own  name, 
as  supervisor,  for  the  use  and  benefit  of  his  road  district. 
In  any  court  of  competent  jurisdiction,  to  recover  the 
«xpen8e8  if  constructing  said  bridge  or  culvert;  and  in 
sucl  action,  in  addition  to  the  costs  and  disbursements 
provided  by  statute,  he  shall  recover  such  sum  as  the 
court  or  j"stice,  if  the  action  be  brought  in  a  justice's 
cour'.  may  adjudge  to  be  reasonable  as  attorney's  fees 
in  said  action.  Appeals  may  be  taken  In  such  cases  as 
Ixi    other    actions. 


OF  TELEGBAPH,   TELEPHONE,   AND   ELECTRIC  TRANSMISSION   LINES 
—1862-1911. 

Malicious  injury  to  telegraph.  §  2259.  It  any  person 
shall  wilfully  and  maliciously  cut,  break  or  throw  down 
any  telegraph  pole,  or  any  tree  or  other  object  used  in 
any  line  of  telegraph,  or  shall  wilfully  and  maliciously 
break,  displace  or  injure  any  insulator  in  use  in  any 
telegraph  line,  or  shall  wilfully  and  maliciously  cut, 
break  or  remove  from  its  insulators  any  wire  used  as 
telegraph  line,  or  shall,  by  the  attachment  of  a  ground 
wire,  or  by  any  other  contrivance,  wilfully  and  mali- 
ciously destroy  the  insulation  of  such  telegraph  line, 
or  interrupt  the  transmission  of  the  electric  current 
through  the  same,  or  shall  in  any  other  manner  wil- 
fully and  maliciously  injure,  molest  or  destroy  any  prop- 
erty or  materials  appertaining  to  any  telegraph  line,  or 
belonging  to  any  telegraph  company,  or  shall  wilfully 
and  maliciously  interfere  with  the  use  of  any  telegraph 
line,  or  obstruct  or  postpone  the  transmission  of  any 
message  over  the  same,  or  procure  or  advise  any  such 
injury,  interference  or  obstruction,  the  person  so  offend- 
ing shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  fine  not  to  exceed  $500  or  imprisonment 
not  to  exceed  six  months,  or  by  both  such  fine  and 
Imprisonment,  in  the  discretion  of  the  court;  and  shall 
moreover  be  liable  to  the  telegraph  company,  wtoso 
property  is  injured  or  line  obstructed,  in  a  sum  equal 
to  100  times  the  amount  of  actual  damages  sustained 
thereby. 

Telegraph,  dispatches  of  public  officers  have  precedence, 
when.     §  2258.     In  consideration  of  the  right  of  way  ove)' 
public    property    herein    conceded,    every    telegraph    com- 
pany shall  be  bound,  on  application  of  any  officer  of  thit; 
State,   or  of   the   United   States,   in   case  of   any   war,   in 
surrection,  riot  or  other  civil  commotion,  or  resistance  o' 
public  authority,  or  for  the  prevention  and  i)unishment  C 
crime,  or  for  the  arrest  of  persons  suspected  or  chargec 
therewith,  to  give  to  the  communications  of  such  oflicen 
immediate  dispatch,  at  the  price  of  ordinary  communica 
tions  of  the  same  length;   and  if  any  ofliicer,  agent,  oper 
ator   or    employe    of   any    such    company    shall    refuse   o 
wilfully  omit  to  transmit  such   communications  as  afore 
said,    or   shall    designedly   alter   or   falsify   the    same,   fo 
any    purpose    whatever,    the    person    so    offending    shal 
be  liable  to   indictment,  and   on  conviction  may  be   finei 
or  imprisoned,   at  the   discretion  of   the   court. 

Divulging  or  altering  dispatch.  §2260.  If  any  officer 
agent,  operator,  clerk  or  employe  of  any  telegraph  com 
pany  or  any  other  person,  shall  wilfully  divulge  to  an; 
other  person  than  the  party  from  whom  the  same  wa  ■ 
received,  or  to  whom  the  same  is  addressed,  or  hi . 
agent  or  attorney,  any  message  received  or  sent,  or  Ir 
tended  to  be  sent,  over  any  telegraph  line,  or  the  cor- 
tents,  substance,  purport,  effect  or  meaning  of  suc!i 
message,  or  any  part  thereof,  or  shall  wilfully  alter  an  ■ 
such  passage,  by  adding  thereto  or  omitting  therefror  i 
any  word  or  words,  figure  or  figures,  so  as  to  materiall ' 
change  the  sense,  purport  or  meaning  of  such  messag< , 
to  the  injury  of  the  person  sending  or  desiring  to  send  th  ; 
same,  or  to  whom  the  same  was  directed,  the  person  s ) 
offending  shall  be  deemed  guilty  of  a  misdemeanor,  an  1 
shall  be  punished  by  a  fine  not  to  exceed  $1,000  or  in  - 
prisonment  not  to  exceed  one  year,  or  by  both  such  fin  3 
and  imprisonment,  in  the  discretion  of  the  court;  provide(  , 
that  when  numerals  or  words  of  number  occur  in  an/ 
message,  the  operator  or  clerk  sending  or  receiving  mav 
express  the  same  In  words^  or  figures,  or  in  both  words 
and  figures,  and  such  fact  shall  not  be  deemed  an  altera- 
tion of  the  message,  nor  in  any  manner  affect  its  gen\i- 
ineness,  force  or  validity. 

Sending  or  delivering  false  dispatch.  §  2261.  If  any 
agent,  oi>erator  or  employe,  in  any  telegraph  office,  cr 
any  other  person  shall,  knowingly  and  wilfully,  send  by 
telegraph,  to  any  person  or  i>ersons,  any  false  or  forged 
message,  purporting  to  be  from  such  telegraph  oiflC'J, 
or  from  any  other  person,  or  shall  wilfully  deliver,  c>r 
cause  to  be  delivered,  to  any  person  any  such  niessags, 
falsely  purporting  to  have  been  received  by  telegraph, 
or  it  any  person  or  persons  shall  furnish  or  conspire 
to  furnish,  or  cause  to  be  furnished,  to  any  such  agent, 
operator  or  employe,  to  be  sent  by  telegraph  or  to  be 
so  delivered,  any  such  message,  knowing  the  same  to 
be  false  or  forged,   with  the  intent  to  deceive,   injure  or 


Public  Service  Laws 


11G9 


defraud  any  individual,  partnersliip  or  corporation,  or 
the  public,  tlie  person  or  persons  so  oitending  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  a  fine  not  to  exceed  $1,000  or  imprisonment  not  to 
exceed  one  year,  or  by  both  such  fine  and  imprisonment, 
in    the    discretion   of   the    court. 

Servant  of  company  using  information  contained  in  dis- 
patch. §  2262.  If  any  agent,  operator,  or  employe,  in  any 
telegraph  office,  shall  in  any  way  use  or  appropriate  'any 
informaiion  derived  by  him  from  any  private  message  or 
messages,  passing  through  his  hands,  and  addressed  to 
any  other  person  or  persons,  or  in  any  other  manner 
acquired  by  him,  by  reason  of  his  trust  as  such  agent, 
operator  or  employe,  or  shall  trade  or  speculate  upon 
any  such  information  so  obtained,  or  in  any  manner 
turn  or  attempt  to  turn  the  same  to  his  account,  profit 
or  advantage  the  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  not  to  exceed  $1,000,  or  imprisonment  not  to  ex- 
ceed one  year,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court,  and  shall  also  be  liable, 
in  treble  damages,  to  the  party  aggrieved,  for  all  loss 
or  injury  sustained  by  reason  of  such  wrongful  act. 

Refusing  to  send  or  delaying  dispatch.  §  2263.  If  any 
agent,  operator  or  employe,  in  any  telegraph  office,  shall 
unreasonably  and  wilfully  refuse  or  neglect  to  send  any 
message  received  at  such  office  for  transmission,  or  shall 
unreasonably  or  wilfully  iwstpone  the  same  out  of  its 
order,  or  shall  unreasonably  and  wilfully  refuse  or  neglect 
to  deliver  any  message  received  by  telegraph,  the  person 
so  offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
may  be  punished  by  a  fine  not  to  exceed  $500,  or  imprison- 
ment not  to  exceed  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  descretion  of  the  court;  provided, 
that  nothing  herein  contained  shall  be  construed  to  require 
any  message  to  be  received,  transmitted  or  delivered, 
unless  the  charges  thereon  shall  have  been  paid  or 
tendered,  nor  to  require  the  sending,  receiving  or  de- 
livery of  any  message  counseling,  aiding,  abetting  or  en- 
couraging treason  against  the  government  of  the  United 
States  or  of  this  State,  or  otjier  resistance  to  the  law- 
ful authority,  or  any  message  calculated  to  further  any 
fraudulent  plan  or  purpose,  or  to  instigate  or  encourage 
the  iierpetration  of  any  unlawful  act,  or  to  facilitate 
the   escape   of   any   criminal   or   person   accused   of  crime. 

Wrongfully  obtaining  dispatch  intended  for  another. 
§  2264.  If  any  person,  not  connected  with  any  telegraph 
office,  shall,  without  the  authority  or  consent  of  the 
person  or  persons  to  whom  the  same  may  be  directed, 
wilfully  or  unlawfully  open  any  sealed  envelope  inclosing 
a  telegraphic  message,  and  addressed  to  any  other 
person  or  persons,  with  the  purpose  of  learning  the  con- 
tents of  such  message,  or  shall  fraudulently  represent 
any  other  person  or  persons,  and  thereby  procure  to  be 
delivered  to  himself,  any  telegraphic  message,  addressed 
to  such  other  person  or  persons,  with  the  intent  to  use, 
destroy  or  detain  the  same  from  the  person  or  persons 
entitled  to  receive  such  message,  the  person  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  not  to  exceed  $1,000  or  imprisonment 
not  to  exceed  one  year,  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court;  and  shall 
moreover  be  liable  in  treble  damages  to  the  party  in- 
jured, for  all  loss  and  damage  sustained  by  reason  of 
such   wrongful   act. 

Taking  information  from  tvire,  etc.  §  2265.  If  any  per- 
son, not  connected  with  any  telegraph  company,  shall, 
by  means  of  any  machine,  instrument  or  contrivance, 
or  in  any  other  manner,  wilfully  and  fraudulently  read 
or  attempt  to  read  any  message  or  to  learn  the  contents 
thereof  whilst  the  same  is  being  sent  over  any  telegraph 
line,  or  shall  wilfully  and  fraudulently  or  clandestinely 
learn  or  attempt  to  learn  the  contents  or  meaning  of  any 
message,  while  the  same  is  in  any  telegraph  office,  or 
is  being  received  thereat,  or  is  sent  therefrom,  or  shall 
use  or  attempt  to  use,  or  communicate  to  others,  any 
information  so  obtained  by  any  person,  the  person  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  fine  not  to  exce«d  $1,000  or  im- 
prisonment not  to  exceed  one  year,  or  by  both  such 
fine   and   imprisonment,  in   the  descretion  of  the  court. 

Bribing  operator  to  disclose  private  message.    §  2266.    If 


any  person  shall,  by  the  payment  or  promise  of  any 
bribe,  inducement,  or  reward,  procure  or  attempt  to  pro- 
cure any  telegraphic  agent,  operator  or  employe  to  dis- 
close any  private  message,  or  the  contents,  purport, 
substance,  or  meaning  thereof,  or  shall  offer  to  any 
such  agent,  operator  or  employe  any  bribe,  compensation, 
or  reward  for  the  disclosure  of  any  private  information 
received  by  him,  by  reason  of  his  trust  as  such  agent, 
operator  or  employe,  or  shall  use  or  attempt  to  use  any 
such  information  so  obtained,  the  person  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  not  to  exceed  $1,000  or  imprisonment 
not  to  exceed  one  year,  or  by  both  such  fine  and  impris- 
onment,  in   the   discretion  of  the  court. 

Using  mark  or  device  of  company.  §  2267.  The  presi- 
dent or  secretary  of  any  telegraph  company  in  this 
State  may  file  in  the  office  of  the  county  clerk,  in  which 
the  principal  office  of  said  county  is  situated,  a  copy  of 
any  printed  blank  or  enveloi>e,  picture  or  device,  used 
or  intended  to  be  used  by  said  company,  with  his  certifi- 
cate that  the  same  is  commonly  used,  or  is  intended  so 
to  be,  in  the  business  of  said  company,  as  a  distinguish- 
ing mark,  notice  or  index  of  said  business,  and  there- 
upon such  blank,  envelope,  picture  or  device  shall  be- 
come the  property  of  said  company;  and  it  shall  not  be 
lawful  tor  any  person,  unless  by  the  employment  or  per- 
mission of  said  company,  to  print,  publish,  distribute 
or  use.  or  cause'  to  be  printed,  published,  distributed  or 
used,  either  of  them,  or  any  copy,  counterfeit  or  imita- 
tion thereof.  Any  person  wilfully  offending  against  the 
provisions  of  this  section  may  be  punished  by  a  fine  not 
to  exceed  $500  or  imprisonment  not  to  exceed  six 
months. 

Right  of  icay  granted  for  telegraph  and  telephone  lines. 
S  624-5.  A  right  and  privilege  is  hereby  granted  to  any  per- 
son, persons  or  corporation  to  construct,  maintain  and 
operate  telegraph  lines,  telephone  lines,  and  lines  and 
wires  for  the  purpose  of  conveying  electric  power  or 
electricity,  along  the  public  roads,  highways  and  streets 
of  the  State,  or  across  rivers  or  over  any  lands  belonging 
to  the  State,  free  of  charge,  and  over  lands  of  private 
individuals,  as  hereinafter  provided,  and  such  persons 
or  corporations  may  erect  the  necessary  fixtures  there- 
for; provided,  that  the  provisions  of  this  section  shall 
not  apply  to  any  highway  or  street  within  any  incorpor- 
ated city  or  town;  and  provided,  further,  that  the  County 
Courts  of  the  several  counties  through  which  such  tele- 
graph or  telephone  lines  may  be  constructed  shall  have 
power  and  authority  to  designate  the  location  upon 
such  roads  and  highways,  outside  of  cities  and  towns, 
where  such  fixture  may  be  located,  and  may  order  the 
location  of  any  such  fixture  or  fixtures  to  be  changed 
when  such  court  deems  it  expedient;  and  any  fixture 
erected  or  remaining  in  a  different  location  upon  such 
highway  than  that  designated  in  any  order  of  such 
County  Court  shall  be  deemed  a  public  nuisance  and  may 
be  abated  accordingly. 

Highway  or  navigation  not  to  be  obstructed.  §  6246. 
Such  fixtures  shall  not  be  so  constructed  as  to  obstruct 
any  highway,  street  or  navigable  stream,  nor  shall  they 
be  set  up  on  the  lands  of  an  individual,  unless  by  con- 
tract, without  paying  him   for  the  damages  sustained. 

Damages  for  use  of  land,  how  ascertained — Condemna- 
tion. %  6247.  If  the  person  over  whose  land  the  telegraph, 
telephone  or  other  line  or  wire  passes,  claims  more  dam- 
ages than  the  owners  of  such  wire  or  line  are  willing  to 
pay,  the  amount  of  damages  may  be  ascertained  as 
follows;  Each  party  shall  select  one  disinterested  person, 
who  together  shall  select  a  third  person,  all  of  whom 
shall  constitute  a  board  of  appraisers,  who  shall  pro- 
ceed together  to  the  premises  and  make  appraisement  of 
damages;  and  the  award  of  damages  by  a  majority  of 
such  board  shall  be  final.  Any  corporation  organized 
for  the  purpose  of  building,  maintaining  and  operating 
a  telephone  or  telegraph  line  for  the  transmission  of 
messages  for  hire,  or  for  the  purpose  of  building,  main- 
taining and  operating  a  line  of  poles  and  wires  for  the 
transmission  of  electricity  for  lighting  or  power  pur^ 
poses,  and  for  furnishing  electric  lights  or  power  for 
hire,  shall  have  the  right  to  enter  upon  lands  within  the 
State  of  Oregon  for  the  purpose  of  examining,  locating 
and  surveying  the  line  thereof,  doing  no  unnecessary 
damage  thereby,  and  may  appropriate  and  condemn  such 


1170 


IS'ational  Association  of  IUilway  Commission  urs 


lands  (if  the  lands  be  open  and  free  from  timber) 
not  exceeding  25  feet  in  width  as  may  be  necessary  and 
convenient  for  any  such  purpose;  and  if  the  lands 
be  covered  by  trees  which  are  liable  to  fall  and  con- 
stitute a  hazard  to  such  wire  or  line;  then  any  corpora- 
tion organized  for  the  purpose  of  building,  maintaining 
and  operating  a  line  of  poles  and  wires  for  the  trans- 
mission of  electricity  for  lighting  or  power  purposes, 
and  for  furnishing  electric  lights  or  power  for  hire, 
may  appropriate  and  condemn  such  trees  for  a  width  not 
exceeding  300  feet,  as  may  be  necessary  or  convenient 
for  such  purpose.  The  proceedings  for  the  appropriation 
and  condemnation  of  the  said  lands  shall  be  the  same 
as  provided  by  law  for  the  appropriation  and  condemna- 
tion of  lands  tor  railway  purposes;  and  when  it  shall 
be  necessary  or  convenient  in  the  location  of  any  poles 
or  line  of  wire  herein  mentioned  to  appropriate  any  part 
of  any  public  road,  street  or  alley,  or  public  ground,  the 
County  Court  of  the  county  within  which  is  such  road, 
street  or  alley  or  public  ground  (unless  the  same  be 
within  the  corporate  limits  of  a  municipal  corporation), 
is  authorized  to  agree  with  the  corporation  erecting  the 
poles  or  line  of  wire  upon  the  extent,  terms  and  condi- 
tions upon  which  the  same  may  be  appropriated  or  used 
and  occupied  by  such  corporation,  and  if  such  parties 
shall  be  unable  to  agree  thereon,  such  corporation  may 
condemn  so  much  thereof  as  may  be  necessary  and 
convenient  in  the  location  and  construction  of  said  poles 
Or  line  of  wire;  provided,  however,  that  nothing  herein 
contained  shall  be  construed  to  impair  the  rights  hereto- 
fore acquired  by  any  such  company  in  any  public  road, 
street,  alley  or  public  grounds,  whether  within  the  cor- 
porate limits  of  any  incorporated  town  or  otherwise, 
or  to  authorize  a  county,  city  or  town  to  interfere  with 
or  to  remove  any  poles  or  wires  already  located  therein, 
unless  the  same  become  public  nuisances  and  inter- 
fere wiith  public  travel;  and  any  agreement  or  grant 
heretofore  made  by  a  County  Court,  or  by  any  municipal 
corporation,  of  the  right  to  build  or  maintain  any  lines  of 
poles  and  wires  for  the  purposes  aforesaid  in  any  county 
or  in  any  incorporated  city  or  town,  within  which  such 
line  of  iKjles  and  wires  is  already  located  is  hereby  con- 
firmed, and  such  line  of  poles  and  wires  may  be  main- 
tained and  operated  so  long  as  they  are  kept  in  repair 
and  do  not  interfere  with  the  convenient  use  of  the 
highway   for   travel. 

Award  of  damages  to  the  sworn  to  and  filed.  §  6248.,  The 
award  of  the  board  of  appraisers  referred  to  in  ^  6247 
shall  be  reduced  to  writing,  subscribed  and  sworn  to  by 
the  appraisers  agreeing  to  the  same,  and  shall  be  filed 
in  the  office  of  the  clerk  of  the  county  in  which  such 
award   is   made. 

Time  icithin  which  claim  for  damages  must  be  made 
§  6249.  The  claim  for  damages  in  all  cases  by  a  private 
individual  shall  be  made  within  12  months  after  the  tele- 
graph  is   erected   over  his   land. 

Officifil  dispatches  during  war,  etc.,  transmission  of. 
%  6250.  In  consideration  of  the  right  of  way  over  public 
property  herein  conceded,  every  telegraph  company  shall 
be  bound,  on  application  of  any  officer  of  this  State 
or  of  the  United  States,  in  case  of  any  war,  insurrection, 
riot,  or  other  civil  commotion,  or  resistance  of  public 
authority,  or  for  the  prevention  and  punishment  of  crime, 
or  for  the  arrest  of  persons  suspected  or  charged  there- 
with, to  give  to  the  communications  of  such  officers 
immediate  dispatch  at  the  price  of  ordinary  communi- 
cations of  the  same  length;  and  if  any  officer,  agent, 
operator  or  employe  of  any  such  company  shall  refuse 
or  wilfully  omit  to  transmit  such  communications  as 
aforesaid,  or  shall  designedly  alter  or  falsify  the  same, 
for  any  purpose  whatever,  the  person  so  offending  shall 
.  be  liable  to  indictment,  and  on  conviction  may  be  fined 
or  imprisoned  at  the  descretion  at  the  court. 

Party  offending  liable  in  civil  action.  §  6251.  Any  per- 
son offending  against  the  provisions  of  §  §  2260,  2261, 
2265  or  2266  shall,  in  addition  to  the  penalties  therein 
prescribed,  be  liable  in  a  civil  suit  for  all  damages  oc- 
casioned thereby. 

Operators  exempt  from  military  and  jury  duty.  §  6252. 
All  operators,  clerks  and  persons  in  the  employ  of  any 
telegraph  company,  while  employed  in  the  office  of  said 
company  or  along  the  route  of  its  telegraph  lines,  shall 


be  exempt  from  militia  duty,  and  from  serving  on  Juries, 
and  from  any  fine  or  penalty  for  neglect  thereof. 

Contracts  may  be  made  by  telegraph.  §  6253.  Contracts 
made  by  telegraph  shall  be  deemed  to  be  contracts  in 
writing;  and  all  communications  sent  by  telegraph,  and 
signed  by  the  person  or  persons  sending  the  same,  or  by 
his  or  their  authority,  shall  be  held  and  deemed  to  be 
communications    in    writing. 

Notices  may  be  sent  by  telegraph.  §  6254.  Whenever  any 
notice,  information  or  intelligence,  written  or  otherwise, 
is  required  to  be  given,  the  same  may  be  given  by  tele- 
graph; provided,  that  the  dispatch  containing  the  same 
be  delivered  to  the  person  entitled  thereto,  or  to  his 
agent  or  attorney.  Notice  by  telegraph  shall  be  deemed 
actual    notice. 

Telegraphic  copy  admitted  to  record.  §  6255.  Any  power 
of  attorney,  or  other  instrument  in  writing  duly  proved 
or  acknowledged,  and  certified,  so  as  to  be  entitled 
to  record,  may,  together  with  the  certificate  of  proof  or 
acknowledgment,  be  sent  by  telegraph,  and  the  tele- 
graphic copy  or  duplicate  thereof  shall  prima  facie  have 
the  same  force  and  effect  in  all  respects,  and  may  be 
admitted  to  record  and  be  recorded  in  the  same  manner 
and  with  like  effect  as  the  original. 

Checks  and  money  orders  drawn  by  telegraph.  §  625(1. 
Checks,  duebills,  promissory  notes,  bills  of  exchange 
and  all  orders  or  agreements  for  the  payment  or  delivery 
of  money  or  other  thing  of  value  may  be  made  or  draw  a 
by  telegraph,  and  when  so  made  or  drawn  shall  have  the 
same  force  and  effect  to  charge  the  maker,  drawer,  ii- 
dorser  or  acceptor  thereof,  and  shall  create  the  same 
rights  and  equities  in  favor  of  the  payee,  drawee,  in- 
dorsee, acceptor,  holder  or  bearer  thereof,  and  shall  be  ei - 
titled  to  the  same  days  of  grace,  as  if  duly  made  or  draw  i 
and  delivered  in  writing;  but  it  shall  not  be  lawful  for  an/ 
person  other  than  tHe  maker  or  drawer  thereof  to  cause  an >' 
such  instrument  to  be  sent  by  telegraph  so  as  to  charg3 
any  person  thereby.  Except  as  hereinafter  in  the  neit 
section  otherwise  provided,  whenever  the  genuineness 
or  execution  of  any  such  instrument  received  by  tel - 
graph  shall  be  denied  on  oath  by  the  person  sought  t  y 
be  charged  thereby,  it  shall  be  incumbent  upon  the  part/ 
claiming  under  or  alleging  the  same  to  prove  the  exis  - 
ence  and  execution  of  the  original  writing  from  whic  i 
the  telegraphic  copy  or  duplicate  was  transmitted.  Th  3 
original  message  shall  in  all  cases  be  preserved  in  th^ 
telegraph  office  from   which   the  same  is  sent. 

Documents  certified  under  seal  may  be  sent  by  telegrapi-. 
§  6257.  Except  as  hereinbefore  otherwise  provided,  any  ii  - 
strum ent  in  writing  duly  certified  under  his  hand  and 
official  seal  by  a  notary  public,  commissioner  of  deed  s 
or  clerk  of  a  Court  of  Record,  to  be  genuine  within  tie 
personal  knowledge  of  such  officer,  may,  together  with 
such  certificate,  be  sent  by  telegraph,  and  the  tel  !- 
graphic  copy  thereof  shall,  prima  facie  only,  have  tbe 
same  force,  effect  and  validity  in  all  respects  whats  )- 
ever  as  the  original,  and  the  burden  of  proof  shall  rei  t 
with  the  party  denying  the  genuineness  or  due  executica 
of  the  original.  Mi 

Arrest  by  telegraph.  §  6258.  Whenever  any  persoi3l 
persons  shall  have  been  indicted  or  accused  on  oath 
of  any  public  offense,  or  thereof  convicted,  and  a  war- 
rant of  arrest  shall  have  been  issued,  the  magistra  e 
issuing  such  warrant,  or  any  justice  of  the  Supren  e 
Court  or  judge  of  a  Circuit  or  County  Court,  miiy 
indorse  thereon  an  order  signed  by  him,  and  au- 
thorizing the  service  thereof  by  telegraph;  and  theie- 
upon  such  warrant  and  order  may  be  sent  by  tele- 
graph to  any  marshall,  sheriff,  constable  or  policeman, 
and  on  receipt  of  the  telegraphic  copy  thereof  by  any 
such  officer,  he  shall  have  the  same  authority  and  Je 
under  the  same  obligations  to  arrest,  take  into  custoily 
and  detain  the  said  person  or  persons  as  if  the  said 
original  warrant  of  arrest  with  the  proper  directi)n 
for  its  service  duly  Indorsed  thereon  had  been  placed  in 
his  hands;  and  the  said  telegraphic  copy  shall  be  <n- 
titled  to  full  faith  and  credit,  and  have  the  same  force 
and  effect  in  all  courts  and  places,  as  the  original;  tut 
prior  to  indictment  or  conviction,  no  such  order  shall 
be  made  by  any  officer  unless  in  his  judgment  there 
is  probable  cause  to  believe  the  said  accused  person  or 
persons    guilty    of    the    offense    charged;     provided,    the 


PoBLic  Service  Laws 


1171 


making  of  such  order  by  any  officer  as  aforesaid  shall 
be  prima  facie  evidence  of  the  regularity  thereof  and 
of  all  proceedings  prior  thereto.  The  original  warrant 
and  order,  or  a  copy  thereof,  certified  by  the  officer 
making  the  order,  shall  be  preserved  in  the  telegraph 
office  from  which  the  same  is  sent,  and  in  telegraphing 
the  same,  the  original  or  the  said  certified  copy  may  be 
used. 

Civil  process  and  return  hy  telegraph.  %  6259.  Any  writ 
or  order  in  any  civil  suit  or  proceeding,  and  all  other 
papers  requiring  service,  may  be  transmitted  by  tele- 
graph for  service  in  any  place,  and  the  telegraphic 
copy  of  such  writ  or  order  or  paper  so  transmitted  may 
be  served  or  executed  by  the  officer  or  person  to 
whom  it  is  sent  for  that  purpose,  and  returned  by  him 
if  any  return  be  requisite,  in  the  same  manner  and  with 
the  same  force  and  effect  in  all  respects  as  the  original 
thereof  might  be  if  delivered  to  him;  and  the  officer 
or  person  serving  or  executing  the  same  shall  have  the 
same  authority  and  be  subject  to  the  same  liabilities  as 
if  the  said  copy  were  the  original.  The  original,  when 
a  writ  or  order,  shall  also  be  filed  in  the  court  from 
which  it  was  issued,  and  a  certified  copy  thereof  shall 
be  preserved  in  the  telegraph  office  from  which  it  was 
sent.  In  sending  it,  either  the  original  or  certified  copy 
may   be   used   by  the  operator  for   that   purpose. 

Seal,  how  described  in  telegram.  §  6260.  Whenever  any 
document  to  be  sent  by  telegraph  bears,  a  seal,  either 
private  or  official,  it  shall  not  be  necessary  for  the  oper- 
ator, in  sending  the  same,  to  telegraph  a  description  of 
the  seal,  or  any  word  or  device  thereon,  but  the  sam6 
may  be  expressed  in  the  telegraphic  copy  by  the  letters 
"L.  S.."  or  by  the  word  "seal." 

Order  of  sending  dispatches.  §  6261.  It  shall  be  the 
duty  of  any  telegraph  company  doing  business  in  this 
State  to  transmit  all  dispatches  in  the  order  in  which 
they  are  received;  except  as  provided  in  §6250,  imder 
the  penalty  of  $100,  to  be  recovered  with  costs  of  suit, 
by  the  person  or  persons  whose  dispatch  is  postponed 
out  of  its  order;  provided,  that  communications  from 
other  telegraphic  lines  in  connection  with  lines  in  this 
State  may  have  precedence  over  all  ordinary  private 
communciations;  and  provided,  also,  that  intelligence 
of  general  and  public  Interest  may  he  transmitted  for 
publication    out  of   its    order. 

Terms  "telegraphic  copy"  and  "duplicate,"  horv  con- 
strued. §  6262.  The  term  "telegraphic  copy"  or  "telegraphic 
duplicate"  wherever  used  in  this  chapter,  shall  be  con- 
strued to  mean  any  copy  of  a  message  made  or  pre- 
pared for  delivery  at  the  office  to  which  said  message 
may  hare  been  sent  by  telegraph. 

THE  PUBLIC  UTILITIES  ACT  OF  1911. 

An  Act  to  define  public  utilities,  and  to  provide  for  their 
regulation  in  this  State,  and  for  that  purpose  to  con- 
fer upon  the  Railroad  Commission  of  Oregon 
power  and  jurisdiction  to  supervise  and  regulate 
such  public  utilities,  and  providing  the  manner  In 
which  the  power  and  jurisdiction  of  such  commis- 
sion shall  be  exercised,  prescribing  penalties  for  the 
violation  of  the  provisions  of  this  Act  and  the  pro- 
cedure and  rules  of  evidence  in  relation  thereto, 
making  an  appropriation  to  carry  out  the  provi- 
sions hereof,  amending  §  2  of  chapter  53  of  the  Laws 
of  Oregon  for  the  year  1907,  and  declaring  an  emer- 
gency. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Term  "public  utility"  defined.  §  1.  The  term  "public 
utility,"  as  used  herein,  shall  mean  and  embrace  all 
corporations,  companies,  individuals,  associations  of  indi- 
viduals, their  lessees,  trustees  or  receivers  (appointed 
by  any  court  whatsoever),  that  row  or  hereafter  may 
own,  operate,  manage  or  control  any  plan  or  equipment 
or  part  of  a  plant  or  equipment  in  this  State  for  the 
conveyance  of  telegraph  or  telephone  messages,  with  or 
without  wires,  or  for  the  transportation  of  persons  or 
property  by  street  railroad  as  common  carriers,  or  for 
the  production,  transmission,  delivery  or  furnishing  of 
heat,  light,  water  or  power,  and  any  and  all  whether 
either  directly  or  indirectly  to  or  for  the  public  and 
whether  said  plant  or  equipment  or  part  thereof  is 
wholly  within  any  town  or  city,  or  not. 


No  plant  owned  or  operated  by  a  municipality  shall 
be  deemed  a  public  utility  under  or  for  the  purposes  of 
this   Act. 

Term  "council"  defined.  §  2.  The  term  "council,"  as 
used  in  this  Act,  shall  mean  and  embrace  the  common 
council,  city  council,  commission,  or  any  other  govern- 
ing body  of  any  town,  city  or  other  municipal  govern- 
ment wherein  the  property  of  the  public  utility  or  any 
part  thereof  is  located. 

Term  "municipality"  defined.  §  3.  The  term  "municipal- 
ity," as  used  in  this  Act,  shall  mean  any  town,  city 
or  other  municipal  government  wherein  property  of  the 
public  utility  or  any  part  thereof  Is  located. 

Term  "service"  defined.  §  4.  The  term  "service,"  is  used 
in  this  Act  in  its  broadest  and  most  inclusive  sense, 
and   includes   equipment  and   facilities. 

Term  "commission"  defined.  §  5.  The  term  "commis- 
sion," as  used  in  this  Act,  shall  mean  the  Railroad 
Commission  of  Oregon. 

Jurisdiction  of  railroad  commission  to  supervise  and  reg- 
ulate public  utilities.  §  6.  The  Railroad  Commission  of 
Oregon  is  vested  with  power  and  jurisdiction  to  super- 
vise and  regulate  every  public  utility  in  this  State,  and 
to  do  all  things  necessary  and  convenient  in  the  exer- 
cise  of  such   power  and  jurisdiction. 

Adequate  service  and  reasonable  rates  required.  §  7. 
Every  public  utility  is  required  to  furnish  adequate  and 
sate  service,  equipment  and  facilities,  and  the  charges 
made  by  any  public  utility  for  any  heat,  light,  water  or 
power  producted,  transmitted,  delivered  or  furnished, 
or  for  any  telegraph  or  telephone  message  conveyed,  or 
for  any  transportation  of  persons  or  property  by  street 
railroad,  or  for  any  service  rendered  or  to  be  rendered 
in  connection  therewith  shall  be  reasonable  and  just, 
and  every  unjust  or  unreasonable  charge  for  such  serv- 
ice is   prohibited   and  declared  to  be  unlawful. 

Common  user  of  facilities,  compensation,  procedure  and 
appeal — Interchange  of  business,  traffic  or  product.  §  8. 
Every  public  utility,  and  every  person,  association  or 
corporation  having  conduits,  subways,  street  railway 
tracks,  poles  or  other  equipment  on,  over  or  under  any 
street  or  highway  shall  for  a  reasonable  compensation 
permit  the  use  of  the  same  by  any  public  utility  when- 
ever public  convenience  or  necessity  require  such  use 
and  such  use  will  not  result  in  irreparable  injury  to  the 
owner  or  other  users  of  such  equipment  nor  In  any  sub- 
stantial detriment  to  the  service  to  be  rendered  by 
such  owners  or  other  users. 

In  case  of  failure  to  agree  upon  such  use  or  the  con- 
ditions or  compensation  for  such  use  any  public  utility 
or  any  person,  association  or  corporation  interested  may 
apply  to  the  commission,  and  if  after  investigation  the 
commission  shall  ascertain  that  public  convenience  or 
necessity  require  such  use  and  that  it  would  not  result 
in  irreparable  injury  to  the  owner  or  other  users  of  such 
equipment,  it  shall  be  order  direct  that  such  use  be 
permitted  and  prescribe  reasonable  conditions  and  com- 
pensation for  such  joint  use. 

Such  use  so  ordered  shall  be  permitted  and  such  con- 
ditions and  compensation  so  prescribed  shall  be  the 
lawful  conditions  and  compensation  to  be  observed,  fol- 
lowed and  paid,  subject  to  recourse  to  the  courts  upon 
the  complaint  of  any  interested  association  or  corpora- 
tion interested  may  apply  to  the  commission,  and  If 
after  investigation  the  commission  shall  party  as  pro- 
vided in  §  §  54,  55,  56,  57  and  58,  inclusive,  and  such 
sections  so  far  as  applicable  shall  apply  to  any  suit 
arising  on  such  complaint  so  made.  Any  such  order  of 
the  commission  may  be  from  time  to  time  revised  by 
the  commission  upon  application  of  any  interested  party 
or  upon  its  own  motion.  All  public  utilities  shall  afford 
ail  reasonable  facilities  and  make  all  necessary  regula- 
tions for  the  interchange  of  business,  or  traffic  carried 
or  their  product  between  them,  when  ordered  by  the 
commission  so  to  do. 

Commission  to  value  property  of  utilities.  §  9.  The 
commission  shall  value  all  the  property  of  every  public 
utility  actually  used  and  useful  for  the  convenience  of 
the  public.  In  making  such  valuation  the  commission 
may  avail  itself  of  any  information  in  possession  of  the 
board  of  State  tax  commissioners,  or  any  other  State  offi- 
cer or  board. 


1172 


Xatioxal  Association  of  Railway  Commissioners 


Hearing  and  determination  of  value,  re-valuation.  §  10. 
Before  final  determination  of  such  value  the  commission 
shall,  after  notice  to  the  public  utility,  hold  a  public 
hearing  as  to  such  valuation  in  the  manner  prescribed  for 
hearing  complaints  as  herein  prescribed,  and  the  pro- 
visions of  this  Act  relative  to  hearings  on  complaints 
on  the  commission's  own  motion  so  far  as  applicable 
shall  apply  to  such  hearing.  The  commission  shall  with- 
in five  days  after  such  valuation  is  determined  serve 
a  statement  thereof  upon  the  public  utility  interested, 
and  shall  file  a  like  statement  with  the  auditor,  recorder 
or  clerk  of  every  municipality  in  which  any  part  of 
the  plant  or  equipment  of  such  public  utility  is  located. 
The  commission  may  at  any  time  on  its  own  initiative 
make  a  re-valuation  of  such  property,  and  may  make 
a  re-valuatlon  upon  the  application  of  any  public  utility 
filed  not  less  than  six  months  after  the  service  of  such 
statement. 

Uniform  accounting  hy  utility.  §  11.  Every  public  util- 
ity shall  keep  and  render  to  the  commission  in  the 
manner  and  form  prescribed  by  the  commission  uniform 
accounts  of  all  business  transacted.  All  forms  of  ac- 
counts which  may  be  prescribed  by  the  commission 
shall  conform  as  nearly  as  practicable  to  similar  forms 
prescribed  by  Federal  authority.  Every  public  utility 
engaged  directly  or  indirectly  in  any  other  business  than 
that  of  the  transportation  of  persons  or  property  by 
street  railroads  or  the  production,  transmission  or  fur- 
nishing of  heat,  light,  water  or  power  or  the  conveyance 
of  telephone  messages  shall,  it  required  by  the  com- 
mission, keep  and  render  separately  to  the  commission 
In  like  mafiner  and  form  the  accounts  of  all  such  other 
business,  in  which  case  all  the  provisions  of  this  Act 
shall  apply  with  like  force  and  effect  to  the  books, 
accounts,  papers   and   records  of  such   other  business. 

Commission  to  prescribe  forms  for  accounts  and  rec- 
ords— Other  books  shall  not  be  kept.  §  12.  The  commission 
shall  prescribe  the  forms  of  all  books,  accounts,  papers 
and  records  required  to  be  kept,  and  every  public  utility 
is  required  to  keep  and  render  its  books,  accounts, 
papers  and  records  accurately  and  faithfully  in  the  man- 
ner and  form  prescribed  by  the  commission  and  to 
comply  with  all  directions  of  the  commission  relating  to 
such  books,  accounts,  papers  and  records.  No  public 
utility  shall  keep  any  other  books,  accounts,  papers  or 
records  of  its  public  utility  business  transacted  than 
those  prescribed  or  approved  by  the  commission,  except 
such  as  may  be  required  by  the  laws  of  the  United 
States. 

Commission  to  furnish  suitable  blanks.  §  13.  The  com- 
mission shall  cause  to  be  prepared  suitable  blanks 
for  reports  for  carrying  out  the  purposes  of  this  Act, 
and  shall  when  necessary,  furnish  such  blanks  for  re- 
ports  to   each   public   utility. 

Office  and  records  of  utility  maintained  in  State.  §  14. 
Each  public  utility  shall  have  an  office  in  one  of  the 
towns  or  cities  in  this  State  in  which  its  property  or 
some  part  thereof  is  located,  and  shall  keep  in  said 
office  all  such  books,  accounts,  papers  and  records  as 
shall  be  required  by  the  commission  to  be  kept  within 
the  State.  No  books,  accounts,  papers  or  records  re- 
quired by  the  commission  to  be  kept  within  the  State 
shall  be  at  any  time  removed  from  the  State,  except 
upon  such  conditions  as  may  be  prescribed  by  the  com- 
mission. 

Annual  balance  sheet,  filing.  §  15.  The  accounts  shall 
be  closed  annually  on  the  thirtieth  day  of  June  and  a 
balance  sheet  of  that  date  prompty  taken  therefrom. 
On  or  before  the  first  day  of  August  following,  such 
balance  sheet,  together  with  such  other  information  as 
the  commission  shall  prescribe,  verified  by  an  officer  of 
the  public  utility,  shall  be  filed  with  the  commission. 

Audit  of  accounts — Allocation  of  items.  §  16.  The  com- 
mission shall  provide  for  the  examination  and  audit 
of  all  accounts,  and  all  items  shall  be  allocate  to  the 
accounts  in  the  manner  prescribed  by  the  commission. 

The  agents,  accountants  or  examiners  employed  by 
the  commission  shall  have  authority  under  the  direction 
of  the  commission  to  inspect  and  examine  any  and  all 
books,  accounts,  papers,  records  and  memoranda  kept 
by  such  public  utilities. 

Depreciation  accounts — Application  of  funds.   §  17.  Every 


public  utility  shall  carry  a  proper  and  adequate  de- 
preciation account  whenever  the  commission  after  inves- 
tigation shall  determine  that  such  depreciation  account 
can  be  reasonably  required.  The  commission  shall  as- 
certain and  determine  what  are  the  proper  and  adequate 
rates  of  depreciation  of  the  several  classes  of  property 
of  each  public  utility.  The  rates  shall  be  such  as  will 
provide  the  amounts  required  over  and  above  the  ex- 
penses of  maintenance,  to  keep  such  property  in  a  state 
of  efficiency  corresponding  to  the  progress  of  the  in- 
dustry. Each  public  utility  shall  conform  its  deprecia- 
tion accounts  to  such  rates  so  ascertained  and  deter- 
mined l^y  the  commission.  The  commission  may  make 
changes  in  such  rates  of  depreciation  from  time  to  time 
as  it  may  find  to  be  necessary. 

The  commission  shall  also  prescribe  rules,  regulations, 
and  forms  of  accounts  regarding  such  depreciation  which 
the   public   utility  is   required   to   carry   into  effect. 

The  commission  shall  provide  for  such  depreciation 
in  fixing  the  rates,  tolls  and  charges  to  be  paid  by  the 
public. 

All  moneys  thus  provided  for  shall  be  set  aside  out 
of  the  earnings  and  carried  in  a  depreciation  fund.  The 
moneys  in  this  fund  may  be  expended  in  replacements, 
new  construction,  extensions  or  additions  to  the  prop- 
erty of  such  public  utility,  or  invested,  and  if  investtd 
the  income  from  the  investments  shall  also  be  carried  ;n 
the  depreciation  fund.  This  fund  and  the  proceeds 
thereof  shall  be  used  for  no  other  purpose  than  as  prj- 
vided   in  this   section  and   for   depreciation. 

New  constructions,  accounting.  §  18.  The  commissicn 
shall  keep  itself  informed  of  all  new  construction,  ex- 
tensions and  additions  to  the  property  of  such  publ  c 
utilities,  and  shall  prescribe  the  necessary  forms,  regul  i- 
tions  and  instructions  to  the  officers  and  employes  uf 
such  public  utilities  for  the  keeping  of  construction  a:- 
counts,  which  shall  clearly  distinguish  all  operating  e  i- 
penses  and  new   construction. 

Reports  by  utilities — Details.  §  19.  Each  public  utilii  y 
shall  furnish  to  the  commission  in  such  form  and  it 
such  times  as  the  commission  shall  require,  such  a  ■- 
counts,  reports,  and  information  as  shall  show  in  itei  i- 
ized  detail:  (1)  The  depreciation  per  unit,  (2)  the  Sc  1- 
aries  and  wages  separately  per  unit,  (3)  legal  expensi  s 
per  unit,  (4)  taxes  and  rentals  separately  per  unit,  (i  ) 
the  quantity  and  value  of  material  used  per  unit,  (i  ) 
the  receipts  from  residuals,  by-products,  services  >  r 
other  sales  separately  per  unit,  (7)  the  total  and  n  t 
cost  per  unit,  (8)  the  gross  and  net  profit  per  unit,  (:  ) 
the  dividends  and  interest  per  unit,  (10)  the  surpli  s 
or  reserve  per  unit,  (11)  the  prices  per  unit  paid  1  y 
consumers;  and  in  addition  such  other  items,  v,:.c;.:,  r 
of  a  nature  similar  to  those  ,  hereinbefore  enumerat(  d 
or  otherwise,  as  the  commission  may  prescribe  in  ord  r 
to  show  completely  and  in  detail  the  entire  operation  tt 
the  public  utility  in  furnishing  the  unit  of  its  produ  :t_ 
or  service  to  the  public.  ..  i 

Annual  report  of  commission.     §  20.    The  annual  rep^ij 
of   the   commission   to   the   governor   shall   show   its   pfJ 
ceedings  under  this  Act,  and  shall  also  show  the  detdl 
per   unit    as    provided    in    §  19    hereof    for   all   the    puhlj 
utilities   of  each   kind   in   this   State,   together   with   s)*j 
other   facts  and   suggestions  relative  thereto  as  the  cdlj 
mission    shall    deem    advisable.      The    commission    shj^ 
also  publish  in  its  annual  reports  the  value  of  all   pre  I 
erty  actually  used  and  useful  for  the  convenience  of  tie 
public,  of  every  public  utility  as  to  whose  rates,  chargi  s. 
service  or  regulations  any  hearing  has  been  held  by  t  le 
commission,    or    the    value    of   whose    property    has    be-m 
ascertained  by  it  as  provided  in  this  Act. 

Units  of  product  or  service.  §  21.  The  commission  shiiU 
ascertain  and  prescribe  for  each  kind  of  public  utility 
suitable  and  convenient  standard  commercial  units  of 
product  or  service.  These  shall  be  lawful  units  for  tie 
purposes   of  this  Act. 

Standards  for  measurement,  accurate  appliances.  §  ''2. 
The  commission  shall  ascertain  and  fix  adequate  and 
serviceable  standards  for  the  measurement  of  qualify, 
pressure,  initial  voltage  or  other  conditions  pertaining 
to  the  supply  of  the  product  or  service  rendered  hy  any 
public  utility  and  prescribe  reasonable  regulations  for 
examination   and  testing  of  such   product  or  service  and 


Public  Service  Laws 


1173 


for  the  measurement  thereof.  It  shall  establish  rea- 
sonable rules,  regulations,  specifications  and  standards 
to  secure  the  accuracy  of  all  meters  and  appliances 
for  measurements,  and  every  public  utility  is  required  to 
carry  Into  effect  all  orders  issued  by  the  commission 
relative  thereto. 

Testing  of  measuring  appliances,  fees.  §  23.  The  com- 
mission shall  provide  for  the  examination  and  testing 
of  any  and  all  appliances  used  for  the  measuring  of 
any  product  or  service  of  a  public  utility,  and  may  pro- 
vide by  rule  that  no  such  appliance  shall  be  installed 
and  used  for  the  measuring  of  any  product  or  service  of 
any  public  utility  until  the  same  has  been  examined  and 
tested  by  the  commission  and  found  to  be  accurate. 
The  commission  shall  declare  and  establish  a  reasonable 
fee  governing  the  cost  of  such  examination  and  test 
which  shall  be  paid  to  the  commission  by  the  public 
utility. 

The  commission  shall  declare  and  establish  reason- 
able fees  for  the  testing  of  such  appliances  on  the  ap- 
plication of  the  consumer  or  user,  the  fee  to  be  paid 
by  the  consumer  or  u^er  at  the  time  of  his  request,  but 
to  be  repaid  to  the  consumer  or  user  by  the  commis- 
sion and  to  be  paid  by  the  public  utility  if  the  appliance 
be  found  defective  or  incorrect  to  the  disadvantage  of 
the  consumer  or  user  beyond  such  reasonable  limit  as 
may  be  prescribed  by  the  commission.  All  fees  collected 
under  the  provisions  of  this  section  shall  be  paid  by  the 
commission    into    the    State    treasury. 

The  commission  may  purchase  such  materials,  ap- 
paratus and  standard  measuring  instruments  for  such 
examination   and   tests   as   it  may  deem   necessary. 

Entry  upon  premises  for  inspection  or  test.  §  24.  The 
commission,  its  agents,  experts,  examiners  or  inspectors 
shall  have  power  to  enter  upon  any  premises  occupied 
by  any  public  utility  for  the  purpose  of  making  any 
inspection,  examination,  or  test  provided  in  this  Act,  and 
to  set  up  and  use  on  such  premises  any  apparatus  and 
appliances   and   occupy  reasonable  space  therefor. 

Kate  schedules  to  he  filed— Maximum  charges.  §  2.5. 
Every  public  utility  shall  file  with  the  commission  within 
a  time  to  be  fixed  by  the  commission,  schedules  which 
shall  be  open  to  public  inspection,  showing  all  rates, 
tolls  and  charges  which  it  has  established,  and  which 
are  in  force  at  the  time  for  any  service  performed  by 
it  within  the  State,  or  for  any  service  in  connection 
therewith  or  performed  by  any  public  utility  controlled 
or  operated  by  it.  The  rates,  tolls  and  charges  shown 
on  such  schedules  shall  not  exceed  the  rates,  tolls 
and   charges   in    force   .January   1,   1911. 

Rules  and  regulations  and  interstate  schedules  to  be 
filed.  §  26.  Every  public  utility  shall  file  with  and  as  part 
of  every  such  schedule  all  rules  and  regulations  that 
in  any  manner  affect  the  rates  charged  or  to  be  charged 
for  any  service.  Every  public  utility  shall  also  file 
with  the  commission  copies  of  interstate  rate  schedules 
and  rules  and  regulations  issued  by  it  or  to  which  it  is 
a  party. 

Schedules  accessible  to  public.  §  27.  A  copy  of  so  much 
of  said  schedules  as  the  commission  shall  deem  neces- 
sary for  the  use  of  the  public  shall  be  printed  in  plain 
type,  and  kept  on  file  in  every  station  or  office  of  such 
public  utility  where  payments  are  made  by  the  con- 
sumers or  users,  open  to  the  public,  in  such  form  and 
place  as  to  be  readily  accessible  to  the  public  and  aa 
can    be   conveniently   inspected. 

Joint  rates,  filing  and  publishing  schedules.  §  28.  Where 
a  schedule  of  joint  rates  or  charges  is  or  may  be  in 
force  between  two  or  more  public  utilities,  such  sched- 
ules shall  in  like  manner  be  printed  and  filed  with  the 
commission,  and  so  much  thereof  as  the  commission  shall 
deem  necessary  for  the  use  of  the  public  shall  be  filed 
in   every   station  or  office  as   provided  in   S  27. 

Changes  in  schedules — Ten  days'  notice.  §  29.  No  change 
shall  thereafter  be  made  in  any  schedule,  including 
schedules  of  joint  rates,  except  upon  10  days'  notice  to 
the  commission,  and  all  such  changes  shall  be  plainly 
indicated  upon  existing  schedules,  or  by  filing  new 
schedules  in  lieu  thereof  10  days  prior  to  the  time  the 
same  are  to  take  effect;  provided,  that  the  commission, 
upon  application  of  any  public  utility,  may  prescribe 
.  a  less  time  within  which  a  reduction  may  be  made. 


Revised  schedules  to  be  open  to  public.  §  30.  Copies  ot 
all  new  schedules  shall  be  filed  as  hereinbefore  pro- 
vided in  every  station  and  office  of  such  public  utility 
where  payments  are  made  by  consumers  or  users  10 
days  prior  to  the  time  the  same  are  to  take  effect, 
unless   the   commission   shall   prescribe   a  less  time. 

Charges  other  than  as  specified  in  printed  schedules  un- 
Jaicful.  S  31.  It  shall  be  unlawful  for  any  public  utility  to 
charge,  demand,  collect  or  receive  a  greater  or  less 
compensation  for  any  service  performed  by  it  within  the 
State  or  for  any  service  in  connection  therewith  than 
is  specified  in  such  printed  schedules,  including  sched- 
ules of  joint  rates,  as  may  at  the  time  be  in  force,  or  to 
demand,  collect  or  receive  any  rate,  toll  or  charge  not 
specified  in  such  schedule.  The  rates,  tolls  and  charges 
named  therein  shall  be  the  lawful  rates,  tolls  and  charges 
until  the  same  are  changed  as  provided  in  this  Act. 

Commission  may  prescribe  changes  in  form  of  schedules. 
§  32.  The  commission  may  prescribe  such  changes  in  the 
form  in  which  the  schedules  are  issued  by  any  public 
utility  as   may  be  found  to   be   expedient. 

Classification  of  utility  service.  §  33.  The  commission 
shall  provide  for  a  comprehensive  classification  of 
service  for  each  public  utility,  and  such  classification 
may  take  into  account  the  quantity  used,  the  time  when 
used,  the  purpose  for  which  used,  and  any  other  reason- 
able consideration.  Each  public  utility  is  required  to 
conform  its  schedules  of  rates,  tolls  and  charges  to 
such    classification. 

Commission  may  prescribe  rules  of  procedure.  §  34.  The 
commission  shall  have  power  to  adopt  and  amend  rea- 
sonable and  proper  rules  and  regulations  relative  to  all 
inspections,  tests,  audits  and  investigations,  and  to  adopt 
and  publish  reasonable  and  proper  rules  to  govern  its 
proceedings  and  to  regulate  the  mode  and  manner  of 
all  investigations  and  hearings  of  public  utilities  and 
other  parties  before  it,  and  any  person  may  appear 
before  the  commission,  and  be  heard,  or  may  appear 
by  attorney.     All  hearings  shall  be  open  to  the  public. 

Inquiry  into  business  management  of  utilities — Confer- 
ence ivith  other  commissions.  §  35.  The  commission  shall 
have  authority  to  inquire  into  the  management  of  the 
business  of  all  public  utilities,  and  shall  keep  itself  in- 
formed as  to  the  manner  and  method  in  which  the  same 
is  conducted,  and  shall  have  the  right  to  abtain  from 
any  public  utility  all  necessary  information  to  enable 
the  commission  to  perform  its  duties.  The  commission 
may  confer  by  correspondence  or  by  attending  conven- 
tions, or  otherwise  with  public  utility  commissioners  of 
other  States  or  the  United  States  on  any  matter  re- 
lating  to    the    public    utilities. 

Inspection  of  books  and  papers.  §  36.  The  commission 
or  any  commissioner  or  any  person  or  persons  employed 
by  the  commission  for  that  purpose  shall,  upon  demand, 
have  the  right  to  inspect  the  books,  accounts,  papers, 
records  and  memoranda  of  any  public  utility,  and  to 
examine  under  oath,  any  officer,  agent  or  employe  of 
such  public  utility  in  relation  to  its  business  and  affairs. 
Any  person  other  than  one  of  said  commissioners,  who 
shall  make  such  demand,  shall  produce  a  certificate 
under  the  seal  of  the  commission  showing  his  authority 
to  make  such   inspection. 

Production  of  books  and  papers — Process — Penalty.  §  37. 
The  commissfon  may  requii'e,  by  order  or  subpoena  to 
be  served  on  any  public  utility  in  the  same  manner  that 
a  summons  is  served  in  a  civil  action  in  the  Circuit 
Court,  the  production  within  this  State  at  such  time 
and  place  as  it  may  designate,  of  any  books,  accounts, 
papers  or  records  kept  by  said  public  utility  in  any  office 
or  place  without  the  State  of  Oregon,  or  verified  copies 
in  lieu  thereof,  if  the  commission  shall  So  order,  in 
order  that  an  examination  thereof  may  be  made  by  the 
commission  or  under  its  direction.  Any  public  utility 
failing  or  refusing  to  comply  with  any  such  order  or 
subpoena  shall,  for  each  day  it  shall  so  fail  or  refuse, 
forfeit  and  pay  into  the  State  treasury  a  sum  of  not  less 
than   $50   nor   more   than   $500. 

Employes  of  commission.  §  38.  The  commission  is  au- 
thorized to  employ  such  engineers,  examiners,  experts, 
clerks,  accountants,  inspectors  and  other  assistants  as 
it  may  deem  necessary,  at  such  rates  of  compensation  as 
it    may    determine    upon. 


llTi 


iN'ATioNAL  Association  of  Kailway  Comuissionees 


Appointvient  of  exaviiners,  hearings  before  single  com- 
missioner or  examiner.  <i  39.  For  the  purpose  of  making 
any  investigation  whicli  may  be  required  or  permitted 
by  any  law  tlie  commission  shall  have  power  to  appoint 
by  an  order  in  writing,  an  examiner,  or  agent  whose  du- 
ties shall  be  prescribed  in  sucli  order.  In  the  discharge 
of  his  duties  such  examiner  or  agent  shall  have  every 
power  whatsoever  of  an  inquisitorial  nature  granted  by 
this  or  any  other  Act  to  the  commission  and  the  com- 
missioners thereof  and  the  same  powera  as  a  notary 
public  with  regard  to  the  taking  of  depositions.  Any  in- 
vestigation, inquiry  or  hearing  which  the  commission  nas 
power  to  undertake  or  hold  may  be  undertaken  or  neld 
by  or  before  any  commissioner,  examiner  or  agent  of  the 
commission.  The  decision  of  the  commission  shall  be 
based  upon  its  examination  of  all  of  the  testimony  una 
records  in  the  master  investigated  or  lieard. 

Utilities  to  furnish  commission  with  information  re- 
quired. §  40.  Every  public  utility  shall  furnish  to  the  com- 
mission all  information  required  by  it  to  carry  into  effect 
the  provisions  of  this  Act  and  shall  make  specific  an- 
swers to  all  questions  submitted  by  the  commission. 

Any  public  utility  receiving  from  the  commission  any 
blanks  with  directions  to  fill  the  same,  shall  cause  the 
same  to  be  properly  filled  out  so  as  to  answer  fully 
and  correctly  each  question  therein  propounded,  and  in 
case  it  is  unable  to  answer  any  question,  it  shall  give 
a  good  and  sufficient  reason  for  such  failure;  and  said 
answer  shall  be  verified  under  oath  by  the  president, . 
secretary,  superintendent  or  general  manager  of  such 
public  utility  and  returned  to  the  commission  at  its 
office    within    the    iJeriod   fixed    by    the   commission. 

Whenever  required  by  the  commission,  every  public 
utility  shall  deliver  to  the  commission  any  or  all  maps, 
profiles,  contracts,  reports  of  engineers,  and  all  docu- 
ments, books,  accounts,  papers  and  records  or  copies 
of  any  or  all  of  the  same,  with  a  complete  inventory  of 
all  its  property  in  such  form  as  the  commission  may 
direct. 

Complaint  against  utility  by  patrons,  etc.  §  41.  Upon  a 
complaint  made  against  any  public  utility  by  any 
mercantile,  agricultural  or  manufacturing  society,  or 
by  any  body  politic  or  municipal  organization,  or  by  any 
three  persons,  firms,  corporations  or  associations,  that 
any  or  all  of  the  rates,  tolls,  charges  or  schedules  or  any 
joint  rate  or  rates  are  in  any  respect  unreasonable  or  un- 
justly discriminatory,  or  that  any  regulation,  measure- 
ment, practice  or  act  whatsoever  affecting  or  relating  to 
the  production,  transmission,  delivery  or  furnishing  of 
heat,  light  or  water  or  power  or  the  conveyance  of  any 
telegraph  or  telephone  message,  or  the  transportation  of 
persons  or  property  by  street  railroad,  or  any  service  in 
connection  therewith  is  in  any  respect  unreasonable, 
insufficient  or  unjustly  descrlminatory,  or  that  any  serv- 
ice rendered  by  any  public  utility  is  inadequate  or  is 
not  afforded,  the  commission  shall  proceed,  with  or  with- 
out notice,  to  make  such  investigation  as  it  may  deem 
necessary  or  convenient.  But  no  order  affecting  said 
rates,  tolls,  charges,  schedules,  regulations,  measure- 
ments, practice  or  act  complained  of  shall  be  entered  by 
the   commission   without  a   formal   hearing. 

Notice  of  complaint  to  utility — Notice  of  hearing.  §  42. 
The  commission  shall,  prior  to  such  formal  hearing,  notify 
the  public  utility  complained  of  that  complaint  has  been 
made,  and  to  answer  the  same,  and  at  the  same  time, 
or  afterward,  may  proceed  to  set  a  time  and  place  for 
a  hearing  and  an  investigation  as  hereinafter  provided. 
The  commission  shall  give  the  public  utility  and  the 
complainant,  if  any,  10  days'  notice  of  the  time  and  place 
when  and  where  such  hearing  and  investigation  will  be 
held  and  such  matters  considered  and  determined.  Both 
the  public  utility  and  complainant  shall  be  entitled  to  be 
heard,  and  shall  have  process  to  enforce  the  attendance 
of  witnesses. 

Commission  to  prescribe  reasonable  rates  and  regula- 
tions. §  43.  If,  upon  such  investigation,  any  rates,  tolls, 
charges',  schedules  or  joint  rates,  shall  be  found  to  be  un- 
just, unreasonable,  insufficient  or  unjustly  discriminatory, 
or  to  be  preferential  or  otherwise  in  violation  of  any  of 
the  provisions  of  this  Act,  the  commission  shall  have 
power  to  fix  and  order  substituted  therefor  such  rate  or 
rates,   tolls,   charges   or  schedules   as   shall   be   just  and 


reasonable.  If  upon  such  investigation  it  shall  be  found 
that  any  regulation,  measurement,  practice,  act  or  service 
complained  of  is  unjust,  unreasonable,  insufficient,  prefer- 
ential, unjustly  discriminatory  or  otherwise  in  violation 
of  any  of  the  provisions  of  this  Act,  or  if  it  be  found 
that  any  service  is  unsafe  or  inadequate,  or  that  any 
reasonable  service  cannot  be  obtained  or  is  not  afforded, 
the  commission  shall  have  iwwer  to  substitute  therefor 
such  other  regulations,  measurements,  practices,  service 
or  acts  and  to  make  such  order  respecting,  and  such 
changes  in  such  regulations,  measurements,  practices, 
service  or  acts  as  shall  be  just  and  reasonable. 

Separate  hearings  on  complaint — Direct  damage  to  com- 
plainant not  essential.  §  44.  The  commission  may,  in  its 
discretion,  when  a  complaint  is  made  of  more  than  one 
rate  or  charge,  order  separate  hearings  thereon,  and  m.3.y 
consider  and  determine  the  several  matters  complained 
of  separately,  and  at  such  times  as  it  may  prescribe.  No 
complaint  shall  at  any  time  be  dismissed  because  of  the 
absence  of  direct  damage  to  the  complainant. 

Investigation  on  commission's  own  motion.  §  45.  Wht^n- 
ever  the  commission  shall  believe  that  any  rate  or  charge 
or  schedule  of  rates  or  charges  may  be  unreasonable  or 
unjustly  discriminatory,  or  that  any  service  is  unsafe  or 
inadequate  or  is  not  afforded  or  that  an  investigation  of 
any  matter  relating  to  any  public  utility  should  tor  any  rea- 
son be  made,  it  may,  on  its  own  motion,  summarily  n- 
vestigate  the  same  with  or  without  notice.  If,  after  mik- 
ing  such  investigation,  the  commission  becomes  satisfied 
that  sufficient  grounds  exist  to  warrant  a  hearing  being 
ordered  to  determine  whether  any  rate  or  charge  or  schi;d- 
ule  of  rates  or  charges  so  investigated  is  unreasonalile 
or  unjustly  discriminatory,  or  whether  the  service  in- 
vestigated is  unsafe  or  inadequate  or  is  not  afforded,  or 
that  an  investigation  of  any  other  matter  relating  to  such 
public  utilities  should  be  made,  it  shall  furnish  such  p  ib- - 
lie  utility  interested  a  statement,  notifying  the  put  lie 
utility  of  the  matters  under  investigation,  which  s;  id 
statement  shall  be  accompanied  by  a  notice  fixing  a  ti  ne 
and  place  for  hearing  upon  such  matters.  Notice  n  ay 
likewise  be  given  to  other  parties  interested.  Such  lo- 
tice  of  hearing  shall  be  given  at  least  10  days  in  advai  ce 
of  any  hearing.  Thereafter  proceedings  shall  be  had  i  ad 
conducted  in  reference  to  the  matter  investigated  in'  1  ke 
manner  as  though  c6mplaint  had  been  filed  with  he 
commission  relative  to  the  matter  investigated,  and  he 
same  order  or  orders  may  be  made  in  reference  ther  to 
as  if  such  investigation  had  been  made  on  complaint. 

Utilities  may  complain.  §  46.  Any  public  utility  n  ay 
make  complaint  as  to  any  matter  affecting  its  own  pi  Jd- 
uct  or  service  with  like  effect  as  though  made  by  ;  ny 
mercantile,  agricultural  or  manufacturing  society,  b  idy 
politic  or  municipal  organization  or  by  any  10  pers(  ns, 
firms,   corporations   or  associations. 

Powers  of  commissioners  and  examiiiers  as  to  product  ion 
of  testimony  and  papers — Contempt  proceedings — Penalty. 
§  47.  Each  of  the  commissioners,  and  every  examinei  or 
agent  appointed,  as  herein  provided,  shall,  for  the  lur- 
poses  mentioned  in  this  Act  and  for  the  purposes  d  en- 
tioned  in  chapter  53  of  the  Laws  of  Oregon  for  the  3  ear 
1907,  and  §§  6928  and  6929  of  l>ord's  Oregon  Laws,  as 
compiled  and  annotated  by  Hon.  William  Paine  lord 
and  Richard  Ward  Montague,  have  the  power  to  adiain- 
ister  oaths,  certify  to  official  acts,  issue  notices  in  the 
name  of  the  commission,  issue  subpoenas  under  his 
hand,  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  books,  accounts,  papers,  records,  docum  >nta 
and  testimony,  and  to  take  and  receive  testimony,  con- 
duct hearings  and  investigations,  whether  upon  com- 
plaint or  upon  the  commission's  own   motion. 

In  case  of  disobedience  on  the  part  of  any  perse  i  or 
persons  to  comply  with  any  order  of  the  commissio  i  or 
any  commissioner,  examiner  or  agent  or  any  subpoem .  or, 
on  the  refusal  of  any  witness  to  testify  to  any  ra  itter 
regarding  which  he  may  be  lawfully  interrogated  before 
the  commission,  any  commissioner,  examiner  or  8  gent 
authorized,  as  provided  in  §39,  it  shall  be  the  duly  ol 
the  Circuit  Court  of  any  county  or  the  judge  thcreofj 
upon  application  of  the  commission,  or  any  commissioner 
to  compel  obedience  by  attachment  proceedings  for  con 
tempt  as  in  the  case  of  disobedience  of  the  requirementi 
of  a  subpoena   issued   from   such   court   or   a   refusal  t< 


Pdblic  Sekvice  Laws 


1175 


testify  therein.  Any  person  who  shall  neglect  or  refuse 
to  attend  and  testify,  or  to  answer  any  lawful  inquiry, 
or  to  produce  books,  papers,  tariffs,  waybills,  contracts, 
accounts  and  documents,  if  in  his  power  to  do  so,  in 
obedience  to  the  subpoena  or  lawful  requirement  of  the 
commission,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  by  a  court  of  competent  jurisdiction 
shall  be  punished  by  a  fine  of  not  less  than  $100  nor 
more  than  $1,000,  or  by  imprisonment  in  the  county  jail 
for  not  more  than  one  year,  or  by  both  such  fine  and 
Imprisonment. 

Witness  fees  and  mileage.  §  48.  Each  witness  who  shall 
appear  before  the  commission  or  its  agent,  by  its  order, 
shall  receive  for  his  attendance  the  fees  and  mileage 
now  provided  for  witnesses  in  civil  cases  in  courts  of 
record,  which  shall  be  audited  and  paid  by  the  State  in 
the  same  manner  as  other  expenses  are  audited  and  paid, 
upon  the  presentation  of  proper  vouchers  sworn  to  by 
such  witnesses  and  approved  by  the  commission;  pro- 
vided, no  witnesses  shall  be  entitled  to  receive  double 
mileage  fees. 

No  witness  subpoenaed  at  the  instance  of  parties 
other  than  the  commission  shall  be  entitled  to  compen- 
sation from  the  State  for  attendance  or  travel  unless  the 
commission  shall  certify  that  his  testimony  was  material 
to   the   matter   investigated. 

Depositions.  §  49.  The  commission  or  any  party  may, 
in  any  investigation,  cause  the  depositions  of  witnesses 
residing  within  or  without  the  State  to  be  taken  in  the 
manner  prescribed  by  law  for  like  depositions  in  civil 
suits  in  the   Circuit  Court. 

Record  of  proceedings  and  testimony — Transcript  re- 
ceived in  evidence.  §  50.  A  full  and  complete  record  shall 
be  kept  of  all  proceedings  had  before  the  commission  or 
any  commissioner,  examiner  or  agent  on  any  investigation, 
and  all  testimony  shall  be  taken  down  by  the  stenographer 
appointed  by  the  commission.  Whenever  any  complaint 
is  served  upon  the  commission  under  the  provisions  of  §  54, 
the  commission  shall,  before  said  suit  is  reached  for  trial, 
cause  a  certified  transcript  of  all  proceedings  had  and 
testimony  taken  upon  such  investigation  to  be  filed  with 
the  county  clerk  of  the  county  where  the  action  is  pending. 
A  transcribed  copy  of  the  evidence  and  proceedings,  or 
any  specific  part  thereof  on  any  investigation,  taken  by  the 
stenographer  appointed  by  the  commission,  being  certified 
by  such  stenographer  to  be  a  true  and  correct  transcript  in 
long  hand  "of  all  the  testimony  on  the  investigation,  or  of 
a  particular  witness,  or  of  other  specific  parts  thereof, 
carefully  compared  by  him  with  his  original  notes,  and  to 
be  a  correct  statement  of  the  evidence  and  proceedings 
had  on  such  Investigation  so  purporting  to  be  taken  and 
transcribed,  shall  be  received  in  evidence  with  the  same 
effect  as  if  said  evidence  had  been  given  and  said  proceed- 
ings had  upon  the  trial  in  which  said  transcript  or  any  part 
thereof  is  offered. 

Commission  to  order  substitution  of  reasonable  rates  and 
service,  taking  effect  of  order.  §  51.  Whenever,  upon  an 
investigation  made  under  the  provisions  of  this  Act,  the 
commission  shall  find  any  existing  rate  or  rates,  or  any 
schedule  of  rates,  tolls,  charges,  joint  rate  or  joint  rates 
to  be  unjust,  unreasonable,  insufficient  or  unjustly  dis- 
criminatory, or  to  be  preferential  or  otherwise  in  violation 
of  any  of  the  provisions  of  this  Act,  the  commission  shall 
determine  and  by  order  fix  reasonable  rate  or  rates,  sched- 
ule of  rates,  tolls,  charges  or  joint  rates  to  be  imposed,  ob- 
served and  followed  in  the  future  in  lieu  of  those  found 
to  be  unjust,  unreasonable,  insufficient  or  unjustly  dis- 
criminatory or  preferential  or  otherwise  in  violation  of  any 
of  the  provisions  of  this  Act. 

Whenever,  upon  an  investigation  made  under  the  pro- 
visions of  this^  Act,  the  commission  shall  find  any  regula- 
tions, measurements,  practices,  acts  or  service  to  be  un- 
just, unreasonable,  insufficient,  preferential,  unjustly  dis- 
criminatory, or  otherwise  in  violation  of  any  of  the  provis- 
ions of  this  Act;  or  shall  find  that  any  service  is  unsafe 
or  inadequate  or  that  any  service  which  can  be  reasonably 
demanded  is  not  afforded,  the  commission  shall  determine 
and  declare  and  by  order  fix  reasonable  measurements, 
regulations,  acts,  practices  or  service  to  be  furnished,  im- 
posed, observed  and  followed  in  the  future  in  lieu  of  those 
found  to  be  unjust,  unreasonable,  insufficient,  preferential, 
unjustly  discriminatory,  unsafe,  inadequate,  or  otherwise 


in  violation  of  this  Act,  as  the  case  may  be,  and  shall  make 
such  other  order  respecting  such  measurement,  regulation, 
act,  practice  or  service  as  shall  be  just  and  reasonable. 
The  commission  shall  cause  a  certified  copy  of  all  such 
orders  to  be  delivered  to  an  officer  or  agent  of  the  public 
utility  affected  thereby,  and  all  such  orders  shall  of  their 
own  force  take  effect  and  become  operative  20  days  after 
service  thereof,  unless  a  different  time  be  provided  by  said 
order.  The  commission  may  provide  by  rule  that  any  pub- 
lic utility  affected  by  any  order  shall  within  a  time  to  be 
fixed  by  the  commission,  notify  the  commission  whether 
the  terms  of  the  order  are  accepted  and  will  be  obeyed. 

Revision  and  amendment  of  orders.  §  52.  The  commis- 
sion may  at  any  time,  upon  notice  to  the  public  utility  and 
after  opportunity  to  be  heard  as  provided  in  §  42,  rescind, 
alter  or  amend  any  order  fixing  any  rate  or  rates,  schedule 
of  rates,  tolls,  charges,  or  any  other  order  made  by  the 
commission,  and  certified  copies  of  the  same  shall  be  served 
and  take  effect  as  herein  provided  for  original  orders. 

Orders  enforced  until  set  aside — Prima  facie  lawful  and 
reasonable.  §  53.  All  rates,  tolls,  charges,  schedules  and 
joint  rates  fixed  by  the  commission  shall  be  in  force  and 
shall  be  prima  facie  lawful,  and  all  regulations,  practices 
and  services  prescribed  by  the  commission  shall  be  in 
force  and  shall  be  prima  facie  lawful  and  reasonable 
until  found  otherwise  in  a  suit  brought  for  that  purpose 
pursuant  to  the  provisions  of  §§  54,  55,  56  and  57  of  this 
Act. 

Suits  to  set  aside  orders,  procedure,  precedence  in  hear- 
ing, burden  of  proof.  §  54.  Any  public  utility  or  other  per- 
son, persons  or  corporation  interested  in  or  affected  by 
any  order  of  the  commission  fixing  any  rate  or  rates,  tolls, 
charges,  schedules,  classifications,  joint  rate  or  rates,  or 
any  order  fixing  any  regulations,  practices,  act  or  service, 
being  dissatisfied  therewith,  may  commence  a  suit  in  the 
Circuit  Court  of  the  county  in  which  the  hearing  was  held, 
against  the  commission  as  defendant  to  vacate  and  set 
aside  any  such  order  or  specified  portion  thereof  on  the 
ground  that  the  order  or  portion  thereof  is  unlawful,  in 
which  suit  a  copy  of  the  complaint  shall  be  served  with 
the  summons  as  in  a  suit  in  equity.  The  commission  shall 
serve  and  file  its  answer  to  said  complaint  within  10  days 
after  the  service  thereof,  whereupon  said  suit  shall  be  at  is- 
sue and  stand  ready  for  trial  upon  10  days'  notice  by  either 
party.  All  suits  brought  under  this  section  shall  have  pre- 
cedence over  any  civil  cause  of  a  different  nature  pending 
In  said  court,  and  the  Circuit  Court  shall  always  be  deemed 
open  for  the  trial  thereof,  and  the  same  shall  be  tried  and 
determined  as  a  suit  in  equity.  Every  such  suit  to  set 
aside,  vacate  or  amend  any  determination  or  order  of  the 
commission  or  to  enjoin  the  enforcement  thereof  or  to  pre- 
vent in  any  way  such  order  or  determination  from  becom- 
ing effective,  shall  be  commenced,  and  every  appeal  to  the 
courts  or  right  or  recourse  to  the  courts  shall  be  taken  or 
exercised  within  90  days  after  the  entry  or  rendition  of 
such  order  or  determination,  and  the  right  to  commence 
any  such  action,  proceeding  or  suit,  shall  terminate  abso- 
lutely at  the  end  of  such  90  days  after  such  entry  or  rendi- 
tion thereof. 

Suspension  or  stay  of  order  pending  suit  to  set  aside 
order,  terms  and  bond.  §  55.  After  the  commencement  of 
such  suit  the  Circuit  Court  may  for  cause  shown,  upon  ap- 
plication to  the  Circuit  Court  or  presiding  judge  thereof, 
and  upon  notice  to  the  commission  and  hearing,  suspend 
or  stay  the  operation  of  the  order  of  the  commission  com- 
plained of  until  the  final  disposition  of  such  suit,  upon  the 
giving  of  such  bond  or  other  security,  and  upon  such  con- 
ditions as  the  court  may  require;  and  if  such  order  of 
injunction  suspends  the  order  or  requirement  of  the  com- 
mission fixing  rates,  then  the  court  shall  require  a  bond 
with  good  and  sufficient  surety,  conditioned  that  the  pub- 
lic utility  or  public  utilities  applying  for  such  injunction 
shall  answer  for  all  damages  caused  by  the  delay  in  the 
enforcement  of  the  order  of  the  commission,  and  all  com- 
pensation for  whatever  sums  any  person  or  corporation 
shall  be  coiupelled  to  pay  in  excess  of  the  sums  such  per- 
son or  corporation  would  have  been  compelled  to  pay  If 
the  order  of  the  commission  had  not  been  suspended;  and 
such  bond  shall  cover  the  periods  transpiring  from  time 
of  the  issuance  of  any  such  injunction  until  the  final 
determination  of  the  question  litigated.  The  said  bond 
shall  be  executed  in  favor  of  the  Railroad  Commission  of 


lire 


National  Association  of  Railway  Commissioners 


Oregon  for  the  benefit  of  whom  it  may  concern,  and  shall 
be  enforceable  by  said  commission  or  any  person  inter- 
ested, in  an  appropriate  proceeding.  Any  person  paying 
charges  found  to  be  excessive  shall  have  a  claim  for  the 
excess,  whether  paid  under  protest  or  not,  and  unless  re- 
funded within  30  days  after  written  demand  made  after 
final  judgment,  may  recover  the  same  by  action  against 
such  public  utility,  or  such  public  utility  and  the  sureties 
on  such  bond.  Claims  of  persons  for  money  collected  in 
excess  of  the  amount  payable  under  the  rate  or  rates  es- 
tablished by  the  commission  shall  be  assignable  in  the 
same  manner  as  any  chose  in  action.  No  appeal  to  the 
Supreme  Court  shall  stay  the  operation  of  any  order  of  the 
commission  unless  the  Circuit  or  Supreme  Court  shall  so 
direct,  and  unless  the  public  utility  so  appealing  shall  give 
a  bond  with  like  conditions  and  terms  as  that  given  on 
granting  injunctions  suspending  an  order  of  the  commission 
fixing  rates. 

Reconsideration  by  commission  when  new  evidence  in- 
troduced. §  56.  If,  upon  the  trial  of  such  suit,  evidence 
shall  be  introduced  by  the  plaintiff  which  is  found  by  the 
court  to  be  different  from  that  offered  upon  the  hearing 
before  the  commission  or  additional  thereto,  the  court  be- 
fore proceeding  to  render  judgment,  unless  the  parties  to 
such  suit  stipulate  in  writing  to  the  contrary,  shall  trans- 
mit a  copy  of  such  evidence  to  the  commission  and  shall 
stay  further  proceedings  in  said  action  for  15  days  from 
the  date  of  such  transmission.  Upon  the  receipt  of  such 
evidence  the  commission  shall  consider  the  same,  and  may 
alter,  modify,  amend  or  rescind  its  order  relating  to  such 
rate  or  rates,  fares,  charges,  classification,  joint  rate  or 
rates,  regulation,  practice,  service  or  equipment  complained 
of  in  said  action,  and  shall  report  its  action  thereon  to 
said  court  within  10  days  from  the  receipt  of  such  evi- 
dence. 

If  the  commission  shall  rescind  its  order  complained  of 
the  suit  shall  be  dismissed;  if  it  shall  alter,  modify  or 
amend  the  same,  such  altered,  modified  or  amended  order 
shall  take  the  place  of  the  original  order  complained  of,  and 
judgment  or  decree  shall  be  rendered  thereon,  as  though 
made  by  the  commission  in  the  first  instance.  If  the  orig- 
inal order  shall  not  be  rescinded  or  changed  by  the  com- 
mission, judgment  or  decree  shall  be  rendered  upon  such 
original  order. 

Appeal  to  Supreme  Court,  precedence  upon  calendar. 
§  57.  Either  party  to  said  suit,  within  60  days  after  the 
entry  of  the  judgment  or  decree  of  the  Circuit  Court,  may 
appeal  to  the  Supreme  Court.  Where  an  appeal  is  taken 
the  cause  shall,  on  the  return  of  the  papers  to  the  Supreme 
Court,  be  immediately  placed  on  the  calendar  of  the  then 
pending  term,  and  shall  be  assigned  and  brought  to  a  hear- 
ing in  the  same  manner  as  other  causes  on  the  calendar, 
but  shall  have  precedure  over  civil  causes  of  a  different 
nature  pending  in  said  court. 

Procedure  as  in  civil  action — sBurden  of  proof  of  un- 
lawfulness or  unreasonableness.  %  58.  In  all  suits,  actions 
and  proceedings  in  court  arising  under  this  Act  all  proc- 
esses shall  be  served  and  the  practice  and  rules  of  evi- 
dence shall  be  the  same  as  in  civil  actions,  except  as  other- 
wise in  this  Act  provided. 

In  all  trials,  actions,  suits  and  proceedings  arising 
under  the  provisions  of  this  Act,  or  growing  out  of  the 
exercise  of  the  authority  and  powers  granted  herein  to 
the  commission,  the  burden  of  proof  shall  be  upon  the 
party  adverse  to  such  commission  or  seeking  to  set  aside 
any  determination,  requirement,  direction  or  order  of  said 
commission,  to  show  by  clear  and  satisfactory  evidence 
that  the  determination,  requirement,  direction  or  order  of 
the  commission  complained  of  is  unreasonable  or  unlaw- 
ful as  the  case  may  be. 

Incriminating  evidence — Immunity  does  not  extend  to 
corporation.  §  59.  No  person  shall  be  excused  from  testi- 
fying or  from  producing  books  and  papers  in  any  proceed- 
ings based  upon  or  growing  out  of  any  violation  of  the 
provisions  of  this  Act  on  the  ground  or  for  the  reason 
that  the  testimony  or  evidence,  documentary  or  otherwise, 
required  of  him  may  tend  to  incriminate  him  or  subject 
htm  to  penalty  or  forfeiture,  but  no  person  having  so 
testified  shall  be  prosecuted  or  subjected  to  any  penalty 
or  forfeiture  for,  or  on  account  of,  any  transaction,  mat- 
ter or  thing  concerning  which  he  may  have  testified  or 
produced     any     documentary     evidence;     provided,     that 


no  person  so  testifying  shall  be  exempted  from  prosecu- 
tion or  punishment  for  perjury  in  so  testifying;  and  pro- 
vided, the  immunity  hereby  conferred  shall  extend  only 
to  a  natural  person  who,  in  obedience  to  a  subpoena,  gives 
testimony  under  oath  or  produces  evidence,  documentary 
or  otherwise,  under  oath. 

Certified  copies  of  orders  furnished.  §  60.  Upon  appli- 
cation of  any  person  the  commission  shall  furnish  certi- 
fied copies,  under  the  seal  of  the  commission,  of  any  order 
made  by  it,  which  shall  be  prima  facie  evidence  of  the 
facts  stated  therein. 

Power  of  municipality  to  regulate  titilities — Appeal. 
§  61.     Every  municipality  shall  have  power — 

(1)  To  determine  by  contract,  ordinance  or  otherwise 
the  quality  and  character  of  each  kind  of  product  or  serv- 
ice to  be  furnished  or  rendered  by  any  public  utility  fur- 
nishing -any  product  of  service  within  said  municipality 
and  all  other  terms  and  conditions  not  inconsistent  with 
this  Act  upon  which  such  public  utility  may  be  permitted 
to  occupy  the  streets,  highways  or  other  public  property 
within  such  municipality,  and  such  contract,  ordinance  or 
other  determination  of  such  municipality  shall  be  in  forco 
and  prima  facie  reasonable.  Upon  complaint  made  by  such 
public  utility  or  by  any  qualified  complainant  as  providec. 
in  §  41,  the  commission  shall  set  a  hearing  as  provided  Ir. 
§  42  and  if  it  shall  find  such  contract,  ordinance  or  other 
determination  to  be  unreasonable,  such  contract,  ordinanct 
or  other  determination  shall  be  void;  provided,  however 
that  no  ordinance  or  other  municipal  regulation  shall  b€ 
reviewed  by  the  commission  under  the  provisions  of  this 
section  which  was  prior  to  such  review  enacted  by  th« 
initiative  or  which  was  prior  to  such  review  referred  tc 
and  approved  by  the  people  of  said  municipality,  or  while  8 
referendum  thereon  is  pending. 

(2)  To  require  of  any  public  utility  by  ordinance  oi 
otherwise  such  modifications,  additions  and  extensions  tc 
its  physical  equipment,  facilities  or  plant  or  service  withir 
said  municipality  as  shall  be  reasonable  and  necessary  It 
the  interest  of  the  public,  and  to  designate  the  locatior 
and  nature  of  all  such  additions  and  extensions,  the  time 
within  which  they  must  be  completed,  and  all  conditions 
under  which  they  must  be  constructed  subject  to  review  bj 
the  commission  as  provided  in  this  section. 

(3)  To  provide  for  a  penalty  for  non-compliance  with 
the  provisions  of  any  ordinance  or  resolution  adopted  pur- 
suant to  the  provisions  hereof. 

(4)  The  power  and  authority  granted  in  this  sectlor 
shall  exist  and  be  vested  in  said  municipalities,  anything 
in  this  Act  to  the  contrary  notwithstanding. 

Passes,  franks  and  privileges  denied  political  commiiteei 
and  candidates— Penalty.  §  62.  No  public  utility  or  anj 
agent  or  officer  thereof,  or  any  agent  or  officer  of  anj 
municipality  constituting  a  public  utility  as  defined  in  thif 
Act,  shall  offer  or  give  for  any  purpose  to  any  politica 
committee  or  any  member  or  employe  thereof  to  any  can 
didate  for  or  incumbent  of  any  office  or  position  under  th( 
constitution  or  laws  or  under  any  ordinance  of  any  municl 
pality  of  this  State,  or  to  any  person  at  the  request,  or  foi 
the  advantage  of  all  or  any  of  them,  any  pass,  reduced  rate 
frank  or  any  privilege  withheld  from  any  person  for  anj 
transportation,  product  or  service  produced,  transmitted 
delivered,  furnished  or  rendered,  or  to  be  transported,  pro 
duced,  transmitted,  delivered,  furnished  or  rendered  bj 
any  public  utility,  or  the  conveyance  of  any  telephone  mes 
sage  or  communication  or  any  free  produce  or  ser  " 
whatsoever. 

No  political  commltte*  and  no  member  or  empli 
thereof,  no  candidate  for  and  no  Incumbent  of  any  o:'  _ 
or  position  under  the  constitution  or  laws  or  under  an;' 
ordinance  of  any  town  or  municipality  of  this  State,  shall 
ask  for  or  accept  from  any  public  utility  or  any  agent  o- 
officer  thereof,  or  any  agent  or  officer  of  any  municipality 
constituting  a  public  utility,  as  defined  in  this  Act,  or  US'* 
in  any  manner  or  for  any  purpose  any  pass,  reduced  rate, 
frank  or  privilege  withheld  from  any  person,  for  any  trans- 
portation product  or  service  produced,  transmitted,  deliv- 
ered, furnished  or  rendered,  or  to  be  produced,  transmittet . 
delivered,  furnished  or  rendered  by  any  public  utility,  or 
the  conveyance  of  any  telephone  message  or  communica- 
tion. Any  violation  of  any  of  the  provisions  of  this  section 
shall  be  punished  by  imprisonment  in  the  State  peniten- 
tiary not  more  than  five  years  nor  less  than  one  year  or 


Any  I 


Public  Service  Laws 


1177 


by  fine  not  exceeding  $1,000  nor  less  than  $200,  or  by  both 
such  fine  and  imprisonment. 

Unjust  discrimination,  prohibited  —  Definition — Penalty 
— Permissible  free  or  reduced  rate  service.  §  63.  If  any 
public  utility  or  any  agent  or  officer  thereof  shall,  directly 
or  indirectly,  by  any  device  whatsoever  or  otherwise, 
charge,  demand,  collect  or  receive  from  any  person,  firm  or 
corporation  a  greater  or  less  compensation  for  any  serv- 
ice rendered  or  to  be  rendered  by  it  in  or  effecting  it  relat- 
ing to  the  transportation  of  persons  or  property  by  street 
railroad,  or  to  the  production,  transmission,  delivery  or 
furnishing  of  heat,  light,  water  or  power  or  the  conveyance 
of  telegraph  or  telephone  messages  or  for  any  service  in 
connection  therewith  than  that  prescribed  In  the  public 
schedules  or  tariffs  then  in  force  or  established  as  provided 
therein,  or  than  it  charges,  demands,  collects  or  receives 
from  any  other  person,  firm  or  corporation  for  a  like  and 
contemporaneous  service  under  substantially  similar  cir- 
cumstances, such  public  utility  shall  be  deemed  guilty  of 
unjust  discrimination,  which  is  hereby  prohibited  and  de- 
clared to  be  unlawful,  and  upon  conviction  thereof  shall 
forfeit  and  pay  into  the  State  treasury  not  less  than  $100 
nor  more  than  $1,000  for  each  offense;  and  such  agent  or 
ofiicer  so  offending  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  $50  nor  more  than  $100  for  each 
offense;  provided,  that  this  provision  shall  not  be  con- 
strued to  prohibit  the  privilege  of  passes  or  franks  or  the 
exchange  thereof  with  each  other  for  the  officers,  agents, 
employes  and  their  families  of  street  railroads,  telegraph, 
telephone  and  cable  lines,  and  the  officers,  agents,  employes 
and  their  families  of  other  street  railroads,  telegraph,  tele- 
phone and  cable  lines  and  with  the  officers,  employes 
and  their  families  of  railroad,  express  and  sleeping  car 
lines,  union  depots  and  other  common  carriers;  provided, 
however,  that  nothing  in  this  Act  shall  be  construed  to 
prevent  telephone,  telegraph  and  cable  companies  from 
entering  into  contracts  with  common  carriers  for  the  ex- 
change of  services.  Nothing  herein  shall  prevent  the 
transportation  of  persons  or  property  or  the  production, 
transmission,  delivery  or  furnishing  of  heat,  light,  water 
or  power,  or  the  conveying  of  telegraph  or  telephone  mes- 
sages within  this  State  free  or  at  reduced  rates  for  the 
United  States,  the  State,  or  any  municipality  thereof,  or 
for  charitable  purposes,  or  to  employes  of  any  such  public 
utility  for  their  own  exclusive  use  and  benefit,  nor  prevent 
any  such  public  utility  from  giving  free  transportation  or 
service,  or  reduced  rates  therefor,  to  its  officers,  agents, 
surgeons,  physicians,  employes  and  attorneys  at  law,  or 
members  of  their  families,  or  to  former  employes  to  such 
public  utilities  or  members  of  their  families  where  such 
former  employes  have  become  disabled  in  the  service  of 
such  public  utility  or  are  unable  from  physical  disqualifi- 
cation to  continue  in  the  service,  or  to  members  of  fam- 
ilies of  deceased  employes  of  such  public  utility;  to  min- 
isters of  religion,  inmates  of  hospitals  and  charitable  and 
eleemosynary  institutions  and  persons  exclusively  engaged 
In  charitable  and  eleemosynary  work.  The  commission 
may  in  its  discretion  require  to  be  filed  with  it  by  any 
public  utility  a  list,  verified  under  oath  of  the  president, 
manager,  superintendent  or  secretary  of  any  public  utility, 
of  all  free  or  reduced  rate  privileges  granted  by  such  pub- 
lic utility  under  the  provisions  of  this  section. 

Facilities  in  exchange  for  less  compensation  prohibited 
— Exceptions.  §  64.  It  shall  be  imlawful  for  any  public 
utility  to  demand,  charge,  collect,  or  receive  from  any  per- 
son, firm  or  corporation  less  compensation  for  any  service 
rendered  or  to  be  rendered  by  said  public  utility  in  con- 
sideration of  the  furnishing  by  said  person,  firm  or  corpo- 
ration of  any  part  of  the  facilities  incident  thereto;  pro- 
vided, nothing  herein  shall  be  construed  as  prohibiting  any 
public  utility  from  renting  any  facilities  incident  to  the 
transportation  of  persons  or  property  by  street  railroad, 
or  to  the  production,  transmission,  delivery  or  furnishing 
of  heat,  light,  water  or  power  or  the  conveyance  of  tele- 
phone messages  and  paying  a  reasonable  rental  therefor, 
or  as  requiring  any  public  utility  to  furnish  any  part  of 
such  appliances  which  are  situated  in  and  upon  the  prem- 
ises of  any  consumer  or  user,  except  telephone  station 
equipment  upon  the  subscriber's  premises,  and  unless  other- 
wise ordered  by  the  commission  meters  and  appliances  for 
measurements  of  any  product  or  service. 

Undue  preferences  prohibited  —  Penalty  —  Existing  con- 


tracts respected.  §  65.  If  any  public  utility  shall  make  or 
give  any  undue  or  unreasonable  preference  or  advantage  to 
any  particular  person,  firm,  or  corporation,  or  to  any  par- 
ticular locality,  or  shall  subject  any  particular  person,  firm, 
corporation  or  locality  to  any  undue  or  unreasonable  preju- 
dice or  disadvantage  in  any  respect  whatsoever,  such  pub- 
lic utility  shall  be  deemed  guilty  of  unjust  discrimination 
which  is  hereby  prohibited  and  declared  unlawful.  Any 
person,  firm  or  corporation  convicted  of  violating  any  of  the 
provisions  of  this  section  shall  forfeit  and  pay  into  the 
State  treasury  not  less  than  $100  nor  more  than  $10,000 
for  each  offense;  and  any  agent  or  officer  of  any  public 
utility,  person,  firm  or  corporation  so  offending  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $100  nor  more 
than  $1,000  for  each  offense. 

Rebates,  concessions  and  discriminations  prohibited — 
Penalty.  §  66.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  knowingly  to  solicit,  accept  or  receive  any  re- 
bate, concession  or  discrimination  In  respect  to  any  serv- 
ice in  or  affecting  or  relating  to  the  transportation  of  per- 
sons by  street  railroad,  or  to  production,  transmission,  de- 
livery or  furnishing  of  heat,  light,  water  or  power  or  the 
conveying  of  telegraph  or  telephone  messages  within  this 
State,  or  for  any  service  in  connection  therewith  whereby 
any  such  service  shall,  by  any  device  whatsoever,  or  other- 
wise, be  rendered  free  or  at  a  less  rate  than  that  named 
in  the  published  schedules  and  tariffs  in  force  as  provided 
herein,  or  whereby  any  service  or  advantage  is  received 
other  than  is  herein  specified.  Any  person,  firm  or  corpo- 
ration violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $50  nor  more 
than  $1,000  for  each  offense. 

Treble  damages  for  violation  of  Act  by  public  utility — 
attorney's  fees — Statute  penalty  not  affected  by  civil  dam- 
ages. §  67.  If  any  public  utility  shall  do  or  cause  to  be 
done  or  permit  to  be  done  any  matter,  act  or  thing  in  this 
Act  prohibited,  or  declared  to  be  unlawful,  or  shall  omit 
to  do  any  act,  matter  or  thing  required  to  be  done  by  it, 
such  public  utility  shall  be  liable  to  the  person,  firm  or 
corporation  injured  thereby  in  treble  the  amount  of  dam- 
ages sustained  in  consequence  of  such  violation,  together 
with  a  reasonable  counsel's  or  attorney's  fee  to  be  fixed 
by  the  court  in  every  case  of  recovery,  which  attorney's 
fee  shall  be  taxed  and  collected  as  part  of  the  costs  In  the 
case;  provided,  that  any  recovery  as  in  this  section  pro- 
vided shall  in  no  manner  affect  recovery  by  the  State  of 
the  penalty  prescribed  for  such  violation. 

Information,  papers  and  accounting  denied  commission 
— Penalty.  §  68.  Any  officer,  agent  or  employe  of  any  pub- 
lic utility  who  shall  fail  or  refuse  to  fill  out  and  return  any 
blanks  as  required  by  this  Act,  or  shall  fail  or  refuse  to 
answer  any  question  therein  propounded,  or  shall  know- 
ingly or  wilfully  give  a  false  answer-  to  any  such  question 
or  shall  evade  the  answer  to  any  such  question  where  the 
fact  inquired  of  is  within  his  knowledge  or  who  shall, 
upon  proper  demand,  fail  or  refuse  to  exhibit  to  the  com- 
mission or  any  commissioner  or  any  person  authorized  to 
examine  the  same,  any  book,  paper,  account,  record,  or 
memorandum  of  such  public  utility  which  is  in  his  pos- 
session or  under  his  control,  or  who  shall  fail  to  properly 
use  and  keep  his  system  of  accounting  or  any  part  thereof 
as  prescribed  by  the  commission,  or  who  shall  refuse  to  do 
any  act  or  thing  In  connection  with  such  system  of  ac- 
counting when  so  directed  by  the  commission  or  its  author- 
ized representative,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  $1,000  for  each  offense.  A  penalty 
of  not  less  than  $.500  nor  more  than  $1,000  shall  be  recov- 
ered from  the  public  utility  for  each  such  offense  when 
sueh  officer,  agent  or  employe  acted  in  obedience  to  the 
direction,  instruction  or  request  of  such  public  utility  or 
any  general  officer  thereof. 

Violations  of  Act  in  general  —  Penalties  —  Utility  held 
responsible  for  agents.  §  69.  If  any  public  utility  shall 
violate  any  provisions  of  this  Act,  or  shall  do  any  act 
herein  prohibited,  or  shall  fail  or  refuse  to  perform  any 
duty  enjoined  upon  it,  for  which  a  penalty  has  not  been 
provided,  or  shall  fail,  neglect  or  refuse  to  obey  any  law- 
ful requirement,  order  made  by  the  commission  or  coun- 
cil, or  any  judgment  or  decree  made  by  any  court  upon 
the  application  of  the  commission,  for  every  such  violation. 


1178 


National  Association  of  Eailway  Commissioners 


failure  or  refusal,  such  public  utility  shall  forfeit  and  pay 
Into  the  State  treasury  a  sum  of  not  less  than  $100  nor 
more  than  ?10,000  for  such  offense.  In  construing  and  en- 
forcing the  provisions  of  this  section,  the  act,  omission,  or 
failure  of  any  officer,  agent  or  other  person  acting  for  or 
employed  by  any  public  utility  acting  within  the  scope  of 
his  employment,  shall  in  every  case  be  deemed  to  be  the 
act,  omission  or  failure  of  such  public  utility.  All  penal- 
ties, fines  or  forfeitures  or  other  sums  collected  or  paid 
under  the  provisions  of  this  Act,  shall  be  paid  into  the 
general  fund  of  the  State  treasury  except  where  it  is  pro- 
vided the  same  shall  be  paid  to  the  aggrieved  party. 

Interference  with  commission's  equipment  —  Fenalty. 
§  70.  Any  person  who  shall  destroy,  injure,  or  interfere 
■with  any  apparatus  or  appliance  owned  or  operated  by  or 
in  charge  of  the  commission  or  its  agent,  or  any  appar- 
atus or  appliance  sealed  by  it,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by 
fine  not  exceeding  $100  or  Imprisonment  for  a  period  not 
exceeding  30  days  or  both.  Any  public  utility  knowingly  per- 
mitting the  destruction,  injury  to,  or  interference  with  any 
such  apparatus  or  appliance,  or  with  the  seal  affixed  to  any 
apparatus  or  appliance  by  direction  of  the  commission, 
shall  forfeit  a  sum  not  exceeding  $1,000  for  each  such 
offense. 

Temporary  alteration  or  suspension  of  rates.  §  71.  The 
commission  shall  have  power,  when  deemed  by  it  necessary 
to  prevent  injury  to  the  business  or  interests  of  the  people 
or  any  public  utility  of  this  State  in  case  of  any  emer- 
gency to  be  judged  of  by  the  commission,  to  temporarily 
alter,  amend,  or  with  the  consent  of  the  public  utility  con- 
cerned, suspend  any  existing  rates,  schedules  and  order 
relating  to  or  affecting  any  public  utility  or  part  of  any 
public  utility  in  this  State.  Such  rates  so  made  by  the 
commission  shall  apply  to  one  or  more  of  the  public  utili- 
ties in  this  State  or  to  any  portion  thereof  as  may  be 
directed  by  the  commission,  and  shall  take  effect  at  such 
time  and  remain  in  force  for  such  length  of  time  as  may  be 
prescribed  by  the  commission. 

Unreasonable  rates,  practices  and  services  not  specific- 
ally designated  may  be  regulated.  §  72.  Whenever,  after 
hearing  an  investigation  as  provided  in  this  Act,  the  com- 
mission shall  find  that  any  rate,  toll,  charge,  regulation  or 
practice  for,  in,  or  affecting  or  relating  to  the  transporta- 
tion of  persons  or  property  by  street  railroad,  or  to  produc- 
tion, transmission,  delivery  or  furnishing  of  heat,  light, 
water  or  power  or  the  conveying  of  any  telephone  or  tele- 
graph message  or  any  service  in  connection  therewith  not 
hereinbefore  specifically  designated,  in  any  respect  unsafe. 
Inadequate,  unreasonable  or  unjustly  discriminatory,  it 
shall  have  the  power  to  regulate  the  same  as  provided  in 
§  §  41  to  46. 

Investigation  of  accidents.  §  73.  Every  public  utility 
shall,  whenever  an  accident  attended  with  loss  of  human 
life  occurs  within  this  State  upon  its  premises,  or  directly 
or  indirectly  arises  from  or  connected  with  Its  maintenance 
or  operation,  give  immediate  notice  thereof  to  the  commis- 
sion. In  the  event  of  any  such  accident  the  commission, 
If  it  deem  the  public  interest  require  it,  shall  cause  an 
investigation  to  be  made  forthwith,  which  investigation 
shall  be  held  in  the  locality  of  the  accident,  unless  for 
greater  convenience  of  those  concerned  it  shall  order  such 
investigation  to  be  held  at  some  other  place;  and  said  in- 
vestigation may  be  adjourned  from  place  to  place  as  may 
be  found  necessary  and  convenient.  The  commission  shall 
seasonably  notify  the  public  utility  of  the  time  and  place 
of  the  Investigation. 

Enforcement  of  laics  as  to  public  utilities  —  Duties  of 
attorney-general,  prosecuting  attorneys  and  counsel.  §  74. 
The  commission  shall  inquire  into  any  neglect  or  violation 
of  any  law  of  this  State  or  any  law  or  ordinance  of  any 
municipality  thereof  by  any  public  utility  conporation  doing 
business  therein,  or  by  the  officers,  agent,  or  employes 
thereof,  or  by  any  person  operating  a  public  utility,  and 
shall  have  the  power,  and  it  shall  be  its  duty  to  enforce 
the  provisions  of  this  Act,  as  well  as  all  other  laws  relating 
to  public  utilities  and  report  all  violations  thereof  to  the 
attorney-general.  Upon  the  request  of  the  commission  it 
shall  be  the  duty  of  the  attorney-general  or  the  prosecuting 
attorney  of  the  proper  county  to  aid  in  any  investigation, 
hearing,  or  trial  had  under  the  provisions  of  this  Act,  and 
to  Institute  and  to  prosecute  all  necessary  suits,  actions  or 
proceedings  for  the  enforcement  of  this  Act  or  the  recovery 


of  penalties  payable  to  the  State  or  the  enforcement  of  any 
law  of  this  State  or  any  law  or  ordinance  of  any  mu- 
nicipality thereof  relating  to  public  utilities,  and  for  the 
punishment  of  all  violations  thereof.  Any  forfeiture  or 
penalty  herein  provided  shall  be  recovered  by  an  action 
brought  thereon  in  the  name  of  the  State  of  Oregon  in  any 
court  of  appropriate  jurisdiction.  The  commission  shall 
have  authority  to  employ  counsel  and  to  fix  their  duties 
and  compensation. 

Substantial  compliance  with  Acts  sufficient^Technicat 
omissions  immaterial — Liberal  construction.  §  75.  A  sub- 
stantial compliance  with  the  requirement  of  this  Act  shall 
be  sufficient  to  give  effect  to  all  the  rules,  orders,  acts,  and 
regulations  of  the  commission,  and  they  shall  not  be  de- 
clared inoperative,  illegal  or  void  for  any  omission  of  a 
technical  nature  in  respect  thereto.  The  provisions  of  this 
Act  shall  be  liberally  construed  with  a  view  to  the  public 
welfare,  efficient  facilities,  and  substantial  justice  between 
patrons  and  public  utilities. 

Other  rights  of  action  not  released  or  waived — Penalties 
cumulative — Duties  and  liabilities  same  as  at  common  law. 
§  76.  This  Act  shall  not  have  the  effect  to  release  or  waive 
any  right  of  action  by  the  State  or  by  any  municipality 
thereof  or  by  any  person  for  any  right,  penalty  or  for- 
feiture which  may  have  arisen  or  which  may  hereafter 
arise  under  any  law  of  this  State  or  under  any  law  or 
ordinance  of  any  municipality  thereof;  and  all  penalties 
and  forfeiture  accruing  under  this  Act  shall  be  cumulative 
and  a  suit  for,  and  recovery  of  one,  shall  not  be  a  bar  to  ttie 
recovery  of  any  other  penalty.  The  duties  and  liabilities 
of  public  utilities  shall  be  the  same  as  at  common  law  aid 
the  remedies  against  them  the  same,  except  where  oth  t- 
wise  provided  by  the  constitution  or  statutes  of  this  Sta  e, 
and  the  provisions  of  this  Act  are  cumulative  thereto. 

Rates  of  January  1,  1911,  to  govern  as  marimum  xmUss 
othencise  ordered — Proceedings  to  change.  §  77.  Exc(  pt 
as  in  this  Act  provided,  and  unless  the  commission  sh  ill 
otherwise  order,  it  shall  be  unlawful  for  any  public  utilty 
within  this  State  to  demand,  collect  or  receive  a  greal  er 
compensation  for  any  service  than  the  charge  fixed  on  t  le 
lowest  schedule  of  rates  for  the  same  service  on  the  fl:  st 
day  of  January,  1911.  '  Every  public  utility  in  this  St.  te 
shall,  within  a  time  to  be  fixed  by  the  commission,  file  in 
the  office  of  the  commission,  copies  of  all  schedules  of 
rates  and  charges  including  joint  rates,  in  force  on  t  le 
first  day  of  January,  1911,  and  all  rates  in  force  at  a  ly 
time  subsequent  to  said  date.  Any  public  utility  desiri  \g 
to  advance  or  discontinue  any  such  rate  or  rates  may  ma  ce 
application  to  the  commission  in  writing,  stating  the  :  d- 
vance  in  or  discontinuance  of  the  rate  or  rates  desir  d, 
giving  the  reasons  for  such  advance  or  discontinuatii  n. 
Upon  receiving  such  application  the  commission  shall  fij  a 
time  and  place  for  hearing  and  give  such  notice  to  int  ir- 
ested  parties  as  it  shall  deem  proper  and  reasonable.  If, 
after  such  hearing  and  investigation,  the  commission  sh  ill 
find  that  the  change  or  discontinuation  applied  for  is  r  !a- 
sonable,  fair  and  just,  it  shall  grant  the  application  eitl  er 
in  whole  or  in  part.  Any  public  utility  being  dissatisfed 
with  any  order  of  the  commission  made  under  the  p  o- 
visions  of  this  section  may  commence  a  suit  against  it  in 
the  Circuit  Court  in  the  manner  provided  in  §54,  wh  ch 
suit  shall  be  tried  and  determined  in  the  same  manner  as 
is  provided  for  suits  brought  under  said  §  54. 

Expenses  of  commission  and  employes,  offices,  supphes. 
§78.  The  agents,  experts,  engineers,  accountants,  insf  ac- 
tors, examiners  or  assistants  provided  for  in  this  Act  shall 
be  appointed  by  the  commission  and  the  commission  shall 
fix  thfeir  compensation.  The  commission  shall  be  provic  ed 
by  the  secretary  of  State  with  necessary  office  furniture, 
supplies,  stationery,  books,  periodicals,  maps,  and  all  neies- 
sary  expenses  therefor  shall  be  audited  and  paid  as  other 
State  expenses  are  audited  and  paid.  The  commission  n  ay 
hold  sessions  and  maintain  offices  at  places  other  than  he 
capitol  in  its  discretion  for  the  more  convenient  and  ''fR- 
cient  performance  of  the  duties  imposed  upon  it  oy  law, 
and  shall  upon  its  request  be  provided  by  the  County  Court 
of  any  county  in  the  State  with  suitaljle  room  or  rooms 
for  offices  and  hearings.  The  commissioner,  secretary, 
clerk,  stenographer  and  other  employes,,  traveling  upon 
the  direction  of  the  commission,  shall  be  entitled  to  receive 
from  the  State  their  actual  necessary  expenses  while  trav- 
eling on  the  business  of  the  commission.  Such  expenditures 
shall  be  sworn  to  by  the  person  who  incurred  the  expense, 
and  approved  by  the  commission. 


Public  Service  Laws 


1179 


§  79.  That  §  2  of  chapter  53  of  the  Laws  of  Oregon  for 
the  year  1907,  the  same  being  §  6876  of  Lord's  Oregon 
Laws,  as  compiled  and  annotated  by  Honorable  William 
Paine  Lord  and  Richard  Ward  Montague,  be  and  the  same 
is  amended  so  that  the  same  shall  read  as  follows: 

Removal  of  commissioner — Qualifications.  §  6876.  The 
governor,  secretary  of  State,  and  State  treasurer  may  at 
any  time,  remove  any  commissioner  appointed  by  them  for 
Inefficiency,  neglect  of  duty,  or  malfeasance  in  office.  Be- 
fore such  removal  they  shall  give  such  commissioner  a 
copy  of  the  charges  against  him,  and  shall  fix  a  time  when 
he  can  be  heard  in  his  own  defense,  which  shall  not  be  less 
than  10  days  thereafter,  and  such  hearing  shall  be  open 
to  the  public.  If  he  shall  be  removed  the  governor,  secre- 
tary of  State,  and  State  treasurer  shall  file  in  the  office 
of  the  secretary  of  State  a  complete  statement  of  all 
charges  made  against  such  commissioner,  and  their  findings 
thereon  with  a  record  of  the  proceedings.  Such  power  of 
removal  shall  be  absolute,  and  there  shall  be  no  right  of 
review  of  the  same  in  any  court  whatsoever.  No  person  so 
appointed  or  elected  shall  be  pecuniarily  interested  in  any 
railroad,  common  carrier  or  public  utility  in  this  State 
or  elsewhere,  and  if  any  such  commissioner  shall  volun- 
tarily become  so  interested,  his  office  shall  ipso  facto  be- 
come vacant;  and  if  he  shall  become  so  interested  other- 
wise than  voluntarily  he  shall,  within  a  reasonable  time, 
divest  himself  of  said  interest;  failing  to  do  so  his  office 
shall  become  vacant.  No  commissioner,  nor  the  secretary, 
shall  hold  any  other  office  or  position  of  profit,  or  pursue 
any  other  business  or  vocation,  or  serve  on  or  under  any 
committee  of  any  political  party,  but  shall  devote  his  en- 
tire time  to  the  duties  of  his  office. 

Oath  of  office.  Before  entering  on  the  duties  of  his  office, 
each  of  said  commissioners  shall  take  and  subscribe  to  an 
oath  or  affirmation  to  support  the  Constitution  of  the 
United  States,  and  of  this  State,  atid  to  faithfully  and  hon- 
estly discharge  the  duties  of  such  office  of  commissioner; 
and  that  he  is  not  pecuniarily  interested  in  any  railroad 
in  this  State  or  elsewhere,  or  in  any  common  carrier,  or 
in  any  corporation,  company,  or  association  of  individuals 
owning,  operating,  managing  or  controlling  any  plant  or 
equipment  in  this  State  or  elsewhere  for  the  conveyance 
of  telegraph  or  telephone  messages,  or  for  the  transporta- 
tion of  persons  or  property  by  street  railroad,  or  for  the 
production,  transmission,  delivery  or  furnishing  of  heat, 
light,  water  or  power,  nor  in  the  stock,  bonds,  securities, 
earnings  or  contracts  of  any  thereof,  and  that  he  holds  no 
other  office  of  profit,  nor  any  position  under  any  political 
committee  or  party;  which  oath  or  affirmation  shall  be 
filed  in  the  office  of  the  secretary  of  State.  Bach  of  the 
said  commissioners  shall  also,  before  entering  upon  the 
duties  of  his  office,  execute  a  bond,  payable  to  the  State  of 
Oregon,  In  the  penal  sum  of  $10,000  with  sureties  to  be 
approved  by  the  governor,  secretary  of  State,  and  State 
treasurer,  or  a  majority  of  them,  for  the  faithful  discharge 
of  his  duties  and  office,  which  said  bond,  when  so  executed 
and  approved,  shall  be  filed  in  the  office  of  the  secretary 
of  State.  Each  of  said  commissioners  shall  receive  an  an- 
nual salary  of  $4,000,  payable  in  th^  same  manner  as  sal- 
aries of  other  State  officers  are  paid. 

Appropriation.  §  80.  The  sum  of  $35,000,  or  so  much 
thereof  as  may  be  necessary  to  carry  this  Act  into  effect, 
is  hereby  appropriated  out  of  any  money  in  the  general 
fund  of  this  State  not  otherwise  appropriated.  Provided, 
however,  the  sum  hereby  appropriated  is  not  to  be  used  in 
paying  the  salaries  of  the  members  of  the  commission. 

Filed  in  the  office  of  the  secretary  of  State  February  24, 
1911. 

OF  THE  SEVERAL  CLASSES  OF  CRIMES  AND  OP 
THEIR  PUNISHMENT. 

OF    CRIMES    AGAINST    PBOPEBTY. 

Arson  by  burning  other  buildings  or  boat  in  night  time. 
§  1932.  If  any  person  shall  wilfully  and  maliciously  burn 
in  the  night  time  any  church,  court  house,  town  house, 
meeting  house,  asylum,  college,  academy,  school  house, 
prison,  jail,  or  other  building  erected  or  used  for  public 
uses,  or  any  steamboat,  ship  or  other  vessel,  or  any  bank- 
ing house,  warehouse,  express  office,  storehouse,  manufac- 
tory, mill,  barn,  stable,  shop,  or  office  of  another,  or  shall 
wilfully  and  maliciously  set  fire  to  any  building  or  boat 
owned  by  himself  or  another,  by  the  burning  whereof  any 
edifice,  building,  boat,  or  vessel  mentioned  in  this  section 


shall  be  burned  in  the  night  time,  such  person  shall  be 
deemed  guilty  of  arson,  and  upon  conviction  thereof  shall 
be  punished  by  imprisonment  in  the  penitentiary  not  less 
than  five  nor  more  than  15  years. 

Burglary,  not  in  dtvelling  house.  §  1943.  If  any  person 
shall  break  and  enter  any  building  within  the  curtilage  of 
any  dwelling  house,  but  not  forming  a  part  thereof,  or 
shall  break  and  enter  any  building  or  part  thereof,  booth, 
tent,  railroad  car,  vessel,  boat,  or  other  structure  or  erec- 
tion in  which  any  property  Is  kept,  with  intent. to  steal 
therein,  or  to  commit  any  felony  therein,  such  person  shall 
be  deemed  guilty  of  burglary,  and  upon  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  penitentiary  not 
less  than  two  nor  more  than  five  years. 

Breaking  and  entering,  what  constitutes.  §  1945.  Every 
unlawful  entry  of  a  dwelling  house,  with  intent  to  commit 
a  crime  therein,  shall  be  deemed  a  breaking  and  entering 
of  such  dwelling  house  within  the  meaning  of  §  §  1941  and 
1942,  and  every  unlawful  entry  of  any  building,  booth, 
tent,  railroad  car,  vessel,  boat,  or  other  structure  or  erec- 
tion mentioned  in  §  1943,  with  intent  to  steal  or  commit 
any  felony  therein,  shall  be  deemed  a  breaking  and  enter- 
ing of  the  same  within  the  meaning  of  §  1943. 

Larceny,  definition  and  penalty.  §  1947.  If  any  person 
shall  steal  any  goods  or  chattels  *  *  *  or  any  railroad, 
railway,  steamboat,  or  steamship  passenger  ticket  or  other 
evidence  of  the  right  of  a  passenger  to  transportation, 
which  is  the  property  of  another,  such  person  shall  be 
deemed  guilty  of  larceny,  and  upon  conviction  thereof,  if 
the  property  stolen  shall  exceed  in  value  $35,  shall  be  pun- 
ished by  imprisonment  In  the  penitentiary  not  less  than 
one  nor  more  than  10  years;  but  if  the  property  stolen 
shall  not  exceed  the  value  of  $35,  such  person,  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  In  the 
county  jail  not  less  than  one  month  nor  more  than  one 
year,  or  by  fine  not  less  than  $25  nor  more  than  $100. 

Wilful  injury  to  raihcay.  telegraph  or  telephone  posts 
or  tvires,  etc.  §  1977.  If  any  person  shall  wilfully  break 
down.  Injure,  remove  or  destroy  any  free  or  toll  bridge, 
railway,  plank  road,  macadamized  road,  telegraph  or  tele- 
phone posts  or  wires,  or  any  gate  upon  any  such  road,  or 
any  lock  or  embankment  of  any  canal,  or  shall  wilfully 
arrange  telephone  or  telegraph  wires  so  as  to  interfere 
with  their  efficiency,  or  shall  wilfully  obstruct  in  any  man- 
ner the  service  of  such  telephone  or  telegraph  wires,  such 
person  upon  conviction  thereof,  shall  be  punished  by  im- 
prisonment in  the  penitentiary  not  less  than  six  months 
nor  more  than  two  years,  or  by  fine  not  less  than  $50  nor 
more  than  $1,000. 

Forgery  of  bill  of  lading,  etc. — Penalty.  §  1996.  If  any 
person  shall,  with  intent  to  Injure  or  defraud  any  one,  false- 
ly make,  alter,  forge,  or  countefeit  any  *  *  *  bill  of  lad- 
ing *  *  *  or  shall,  with  such  intent,  knowingly  utter 
or  publish  as  true  or  genuine,  any  such  false,  •altered, 
forged  or  counterfeited  record,  writing,  instrument,  or 
matter  whatever,  such  person,  upon  conviction  thereof,  shall 
be  punished  by  imprisonment  in  the  penitentiary  for  not 
less  than  two  nor  more  than  20  years. 

Counterfeiting  or  forging  railroad  ticket.  §  2010.  Any 
person  who  shall,  with  intent  to  injure  or  defraud  any 
one,  counterfeit  or  forge,  or  alter  any  ticket  or  check  or 
order  or  coupon  or  receipt  for  fare  or  pass  that  Is  Issued 
by  any  railroad  company,  or  by  any  lessee  or  manager  or 
agent  thereof  as  is  designated  and  intended  as  evidence 
of  a  right  to  ride  in  the  cars  of  any  such  company,  or  who, 
with  like  intent,  knowingly  utters  or  publishes  or  puts  into 
circulation  any  such  counterfeit  or  forged  or  altered  ticket 
or  check  or  order  or  coupon  or  receipt  for  pass,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  county 
jail  not  less  than  30  days  nor  more  than  one  year,  or  by 
fine  of  not  less  than  $100  nor  more  than  $1,000,  or  by  both 
such  fine  and  imprisonment. 

Restoring  or  uttering  canceled  railroad  ticket.  §  2011. 
Any  person  who  shall,  with  intent  to  injure  or  defraud  any 
one,  and  for  the  purpose  of  restoring  to  its  original  appear- 
ance or  nominal  value,  in  whole  or  in  part,  remove  or  con- 
ceal or  fill  up  or  obliterate  any  cuts  or  marks  or  punch 
holes  or  other  evidence  of  cancellation  in  or  upon  any 
ticket  or  check  or  order  or  coupon  or  receipt  for  fare  or 
pass  that  had  been  previously  issued  by  any  railroad  com- 
pany or  by  lessee  or  manager  or  agent  thereof  as  evidence 
of  a  right  to  ride  in  the  cars  of  any  such  company  and  had 


1180 


National  Association  of  Railway  Commissioners 


previously  canceled  in  whole  or  in  part  or  who,  with  like 
intent,  knowingly  utters  or  publishes  or  offers  for  sale  or 
in  payment  of  fare  any  such  ticket  or  check  or  order  or 
coupon  or  pass  that  has  been  so  wholly  or  partially  restored 
to  its  original  appearance  or  nominal  value,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  imprisonment  in  the  county  jail  not  less 
than  30  days  nor  more  than  one  year,  or  by  fine  of  not 
less  than  $100  nor  more  than  $1,000,  or  by  both  such  fine 
and  imprisonment. 

OF  CRIMES  AGAINST  MORALITY  AND  DECENCY,  1911. 
Transportation  of  tvoman  or  girl  for  purposes  of  prosti- 
tution prohibited — Penalty.  §  1.  That  any  person  who  shall 
knowingly  persuade,  induce,  entice  or  coerce,  or  cause  to  be 
persuaded,  induced,  enticed,  or  coerced,  or  aid  or  assist  in 
persuading,  inducing,  enticing,  or  coercing  any  woman  or  girl 
to  engage  in  the  practice  of  prostitution,  or  to  go  from  one 
place  to  another  in  the  State  of  Oregon  for  the  purpose  of 
prostitution,  or  with  the  intent  and  purpose  on  the  part  of 
such  person  that  such  woman  or  girl  shall  engage  in  the  prac- 
tice of  prostitution,  whether  with  or  without  her  consent, 
and  who  shall  thereby  knowingly  cause  or  aid  or  assist  in 
causing  such  woman  or  girl  to  go  and  to  be  carried  or 
transported  as  a  passenger  upon  the  line  or  route  of  any 
common  carrier  or  carriers  in  the  State  of  Oregon,  shall 
be  deemed  guilty  of  a  felony,  and  [upon]  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  $100  nor  more 
than  $5,000,  or  by  imprisonment  in  the  penitentiary  not 
less  than  one  year  nor  more  than  five  years,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Procuring  transportation  for  such  purposes  a  felony — • 
Penalty.  §  2.  That  any  person  who  shall  knowingly  trans- 
port or  cause  to  be  transported,  or  aid  or  assist  in  obtain- 
ing transportation  for,  or  transporting  within  the  Stale  of 
Oregon,  any  woman  or  girl  for  the  purpose  of  prostitution, 
or  with  the  intent  and  purpose  to  induce,  entice,  or  compel 
such  woman  or  girl  to  become  a  prostitute,  or  who  shall 
knowingly  procure  or  obtain,  or  cause  to  be  procured  or 
obtained,  or  aid  or  assist  in  procuring  or  obtaining,  any 
ticket  or  tickets,  or  any  form  of  transportation  or  evidence 
of  the  right  thereto,  to  be  used  by  any  woman  or  girl 
within  the  State  of  Oregon,  in  going  to  any  place  for  the 
purpose  of  prostitution,  or  with  the  intent  or  purpose  on 
the  part  of  such  person  to  induce,  entice,  or  compel  her  to 
give  herself  up  to  the  practice  of  prostitution,  whereby  any 
such  woman  or  girl  shall  be  transported  within  the  State 
of  Oregon,  shall  be  deemed  guilty  of  a  felony,  and  [upon] 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $100  nor  more  than  $10,000,  or  by  imprisonment  in 
the  penitentiary  not  less  than  one  nor  more  than  five  years, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

Transportation  of  girl  under  18  years  for  such  purposes 
a  felony — Penalty.  §  3.  That  any  person  who  shall  know- 
ingly persuade,  induce,  entice,  or  coerce  any  woman  or  girl 
under  the  age  of  eighteen  years,  with  the  purpose  and  in- 
tent to  induce  or  coerce  her,  or  that  she  shall  be  induced 
,  or  coerced  to  engage  in  prostitution,  or  shall  in  furtherance 
of  such  purpose  knowingly  induce  or  cause  her  to  go  and 
to  be  carried  or  transported  as  a  passenger,  within  the 
State  of  Oregon,  upon  the  line  or  route  of  any  common  car- 
rier or  carriers,  shall  be  deemed  guilty  of  a  felony,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $100  nor  more  than  $10,000,  or  by  imprisonment  in  the 
penitentiary  not  less  than  one  year  and  not  more  than  10 
years,  or  by  both  such  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court. 

Making  roads  through  cemeteries — Punishment.  §  2102. 
If  any  person  shall,  without  authority  specially  granted  by 
law,  or  without  the  authority  or  consent  of  the  proprietor  or 
owner,  open  or'  make  any  highway,  street,  road,  railroad, 
macadamized  road,  or  other  thing  in  the  nature  of  a  public 
easement,  over,  in,  through,  or  upon  any  inclosure  or  yard 
used  for  the  burial  of  the  dead,  or  shall  begin  to  open  or 
make  any  such  public  easement  over,  in,  through,  or  upon 
any  such  inclosure  or  yard,  such  person,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  county 
Jail  not  less  than  three  months  nor  more  than  one  year,  or 
by  fine  not  less  than  $100  nor  more  than  $500. 

DRINKING  ON  RAILROAD  TRAIN,  1911. 
Intoxication  or  drinking  intoxicating  liquors  on  engine 
or  in  car  or  depot  forbidden.    §  1.    It  shall  oe  unlawful  for 
any  person  to  enter  or  be  found  In  a  state  of  intoxication 


or  to  drink  intoxicating  liquors  of  any  kind  as  a  bev- 
erage in  or  upon  any  engine,  car,  train  of  cars  or  depot 
of  any  common  carrier  within,  the  State  of  Oregon; 
provided,  that  nothing  in  this  Act  shall  be  so  construed 
as  to  prevent  the  use  or  sale  of  liquors  upon  any  buffet, 
dining  or  private  cars. 

Penalty  for  violation  of  preceding  section.  §  2.  Any 
person  violating  any  of  the  provisions  of  the  preceding 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine 
of  not  less  than  $25  nor  more  than  $100. 


OF   CRIMES   AGAINST   PUBLIC    POLICY,   TRADE   AND 
ECONOMY. 

Blacklisting  employes  prohibited.  §  2179.  No  corpora- 
tion, company  or  individual  shall  blacklist  or  publish, 
or  cause  (o  be  blacklisted  or  published,  any  employe, 
mechanic  or  laborer  discharged  by  such  corporation, 
company  cr  individual,  with  intent  and  for  the  purpose 
of  preventing  such  employe,  mechanic  or  laborer  from 
engaging  in  or  securing  similar  or  other  employment 
from  any  other  corporation,  company  or  individual. 

Penalty  for  violating  preceding  section.  §  2180.  If  any 
oflicer,  or  agent  of  any  corporation,  company  or  indi- 
vidual, or  other  person,  shall  blacklist  or  publish,  or 
cause  to  be  blacklisted  or  published,  any  employe, 
mechanic  or  laborer,  with  intent  and  for  the  purposu 
of  preventing  such  employe,  mechanic  or  laborer  from 
engaging  in  or  securing  similar  or  other  employment 
from  any  corporation,  company  or  individual,  or  shall, 
in  any  manner,  conspire  or  contrive,  by  correspondenco 
or  otherwise,  to  prevent  such  discharged  employe  from 
securing  employment,  he  shall  be  deemed  guilty  of  ii 
misdemeanor,  and,  upon  conviction  thereof,  shall  b'! 
fined  in  a  sum  not  le»s  than  $50  nor  more  than  $25C 
or  imprisonment  in  the  county  jail  not  less  than 
nor  more  than  90  days,  or  both  at  the  discretion 
the  court. 

Street   car  fare   in   cities   of  above  50,000   inhabitanti . 
§  2207.     It  shall  be  unlawful  for  any  person,  company  o 
corporation,  owning  or  operating  a  line  or  lines  of  stree 
railway   within    the    corporate    limits    of   any   city   in    th  • 
State    of    Oregon,    having    a    population    of    over    50,00  ' 
inhabitants,   to    charge   a   rate    of   fare   to   any   passeuge 
exceeding   the    sum    of    5    cents    for   any    one    continui 
trip    in    any    one    general    direction    between    any 
points   on    the    street   railway   line   of   such    person,    co' 
pany  or  corporation   within   the   corporate   limits   of  sue 
city.     Any  violation  of  this  section  shall  be  punished 
a  fine  of  not  less  than   $50  nor  more  than  $100 

Switch  or  carlock  keys,  making,  etc..  without  carri 
consent.     §  2208.     It  shail  be  unlawful  for  any  person,  b 
himself   or   another,   without  the   written   order   and    coi  - 
sent  of  such  common  carrier,  to  make,  simulate,  imitati , 
sell  or  dispose  of  any  key  belonging  to  or  which   might 
be   used    to   open    or   unlock    any   switchlock.    carlock    O' 
locks   used   upon    or   belonging   to   any    switch   or   car   ct 
any  kind  owned,  controlled  or  operated  by  any  com: 
carrier   in   this   State. 

Penalty  for  violation  of  preceding  section.    §  2209. 
person    violating    the    provisions    of    this    Act    shall 
deemed    guilty    of    a    misdemeanor    and,    upon    convict' 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  $10) 
nor  more   than   $500,   or  by   imprisonment   in    the    co 
jaii  not  less  than  30  days  nor  more  than  one  year 

Obstructing  road  or  bridge  or  injuring  material  th 
for,  hoiv  punished.  §2210.  If  any  person  shall  injure 
obstruct  any  highway,  macadamized  road,  plank  ri 
railroad,  canal  or  bridge,  or  shall  injure  or  destroy  any 
materials  being  used  in  the  construction  or  repair  vl 
any  such  road,  canal  or  bridge,  such  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonmeiit 
in  the  county  jail  not  less  than  one  month  nor  moie 
than  six  months,  or  by  fine  not  less  than  $25  nor  moie 
than  $500. 


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OF  CRIMES  AGAINST  PUBLIC  HEALTH,  SAFETY  A: 
CONVENIENCE. 
Placing  obstructions  on,  or  misplacing,  etc.,  railroad  or 
street  car  track.  §  2249.  Any  person  who  shall  wilfully  or 
maliciously  place  any  obstruction  on  any  railroad  track 
or  roadbed,  or  street  car  track,  in  the  State  of  Oregon, 


Public  Servick  Laws 


1181 


cr  who  shall,  without  the  right  to  do  so,  leosen,  tear 
up,  remove  or  misplace  any  rail,  switch,  frog,  guard 
rail,  cattle  guard  or  any  part  of  such  railroad  track 
or  roadbed  or  street  car  track  or  who  shall,  in  any 
manner  so  as  to  endanger  the  safety  of  any  train,  car 
or  engine,  or  so  as  to  endanger  or  injure  any  passenger 
or  person  riding  thereon,  tamper  with  or  molest  any 
such  road,  roadbed,  track,  signal  flag  or  signal  torpedo, 
shall,  upon  conviction  thereof,  be  punished  by  imprison- 
ment in  the  penitentiary  not  exceeding  10  years  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year. 

Wilful  obstruction  to  railroad  or  street  car  track,  result- 
ing in  death  of  passenger  or  employe,  murder.  §  2250. 
Any  person  who  shall,  within  the  State  cf  Oregon, 
wilfully  or  maliciously  place  any  obstruction  upon  any 
railroad  track  or  roadbed,  or  street  car  track,  or  shall 
misplace,  remove,  obstruct,  detach,  damage  or  destroy 
any  rail,  switch,  frog,  guard  rail,  cattle  guard  or  any 
other  part  of  such  railroad  track  or  roadbed  or  street 
car  track,  thereby  causing  the  death  of  any  passenger 
or  employe  of  such  railroad  or  street  railway,  shall,  upon 
conviction  thereof,  shall  be  imprisoned  in  the  penitentiary 
punished  accordingly. 

Interfering  with  train  with  intent  to  roh.  §  2251.  Any 
person  who  shall  board,  or  stop,  or  impede  the  progress 
of.  or  attempt  to  board,  or  stop,  or  impede  the  progress 
or  operation  of  any  railroad  train  with  the  intent  to 
commit  robbery  in  or  on  such  train,  or  to  commit 
larceny  in  or  from  any  express  car,  or  baggage  car, 
or  mail  car,  in  or  of  such  train,  or  who.  with  intent  to 
commit  any  such  robbery  or  larceny,  shall  assault,  or 
threaten  bodily  violence  to  any  passenger  on  or  any 
member  of  the  train  crew  of  any  such  railroad  train, 
or  to  any  person  in  any  such  express  car,  or  baggage 
car,  or  mail  car,  shall  be  guilty  of  a  felony,  and,  upon 
conviction  thereof,  shall  be  imprisoned  in  the  penitentiary 
not   less  than   two   years   nor  more   than   40   years. 

Velocipede  or  hand  car.  etc..  unlawful  to  run  on  railroad 
track.  §  2252.  It  shall  be  unlawful  for  any  person  to  run 
or  to  operate  any  push  car,  velocipede,  hand  car  or 
any  other  wheeled  contrivance  upon  any  railroad  track 
in  this  State.  Nothing  in  this  Act  shall  be  construed 
to  apply  to  any  of  the  employes  operating  such  railroad 
whose  duty  it  is  to  keep  such  railroad  track  in  con- 
dition as  a  common  carrier. 

Penalty  for  xnolatlng  preceding  section  —  Justices  of 
peace  have  concurrent  jurisdiction.  S  2253.  Any  person 
violating  any  of  the  provisions  of  §  2252  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  $20  nor 
more  than  $100,  or  by  imprisonment  in  the  county  jail 
not  less  than  10  days  nor  more  than  50  days,  or  by 
both  fine  and  imprisonment  in  the  discretion  of  the 
court.  Justices  of  the  peace  shall  have  concurrent  juris- 
diction to  try  any  person  or  persons  charged  with  vio- 
lating any  of  the  provisions  of  this  Act. 

Stealing  rides  on  railroad  trains  a  misdemeanor.  §  2254. 
Every  person  who  shall,  at  any  place  within  this  State, 
ride  or  attempt  to  ride  upon  any  locomotive  engine, 
railroad  car,  railroad  train  or  trains  of  any  character, 
or  in  or  upon  any  part  thereof,  for  the  purpose  or  with 
the  intent  of  stealing  a  ride  thereon;  or  who  shall,  for 
a  like  purpose,  or  with  like  intent,  at  any  place  within 
this  State,  climb  upon,  hold  to,  or  in  any  manner  attach 
himself  to  any  locomotive  engine  or  railroad  car,  or  rail- 
road trains  of  any  character,  while  the  same  are  In 
motion  or  standing  still,  shall  be  guilty  of  a  misde- 
meanor: provided,  however,  that  this  section  shall  not 
apply  to  any  employe  of  a  railroad  company  operating 
such  train,  locomotive  or  car,  nor  to  any  person  operat- 
ing such  train,  locomotive  or  car,  nor  to  any  person 
having  business  with  or  acting  under  legal  authority 
of  such  railroad  company,  nor  to  any  passenger  for  hire 
lawfully  entitled  to  ride  upon  or  in  any  passenger  train. 

Trainmen  may  arrest  without  warrant.  §  2255.  Author- 
ity is  hereby  given  to  and  conferred  upon  railroad  con- 
ductors, brakemen,  firemen  and  engineers  of  railroad 
trains  to  immediately  arrest  any  person  or  persons 
violating  §  2254  without  warrant  cr  other  process,  and 
to  call  upon  any  bystanders  or  other  persons  for  as- 
sistance whenever  the  same  may  be  necessary  to  enable 


them  to  make  such  arrest.  Any  person,  authorized 
under  this  Act  to  make  arrests  may  cause  the  person  or 
persons  so  arrested  to  be  delivered  to  any  sheriff,  or 
other  peace  officer,  to  be  prosecuted  for  such  offense; 
provided,  however,  nothing  in  this  Act  shall  be  con- 
strued to  restrict  the  authority  or  duty  of  any  regular 
peace  officer  within  the  State  to  make  arrests  for  said 
offense. 

Where  defendants  may  he  tried.  §  2256.  Any  person 
charged  with  the  violation  of  §  2254  may  be  tried  in  any 
county  in  this  State  through  which  such  train  carrying 
such  persons  may  pass,  or  in  any  county  in  which  such 
violation    may   have    occurred    or    may    be    discovered. 

Penalty.  §  2257.  Every  person  who  shall  be  convicted 
of  a  violation  of  any  cf  the  offenses  mentioned  in  §  2254 
shall  be  punished  by  imprisonment  in  the  county  jail 
for  a  period  not  exceeding  30  days,  or  by  a  fine  of  not 
more  than  $60,  or  by  both  such  fine  and  imprisonment, 
and  courts  of  justice  of  the  peace  shall  have  exclusive 
jurisdiction  cf  the  misdemeanor  made  punishable  by 
this   Act. 

TRANSPORTATION   OF    EXPLOSIVES,    ACTS    OF    1911. 

Transportation  of  dynamite,  gunpowder,  etc..  in  passen- 
ger vehicle  forbidden.  §  1.  It  shall  be  unlawful  to  trans- 
port, carry  or  convey,  or  cause  to  be  transported,  carried 
or  conveyed,  any  dynamite,  gunpowder  or  other  like 
explosives,  between  any  place  in  the  State  of  Oregon 
and  any  other  place  in  the  State  of  Oregon,  on  any 
car  or  other  vehicle  of  any  description  operated  by  a 
common  carrier  which  car  or  vehicle  is  carrying  passen- 
gers for  hire;  provided,  that  it  shall  be  lawful  to  trans- 
port on  any  car  or  vehicle  small  arms,  ammunition  In 
any  quantity,  and  such  fuses,  torpedoes,  rockets  or  other 
signal  devices  as  may  be  essential  to  promote  safety 
in  operation,  and  properly  packed  and  marked  samples 
of  explosives  for  laboratory  examination,  not  exceeding 
a  net  weight  of  Vz  pound  each,  and  not  exceeding 
twenty  samples  at  one  time  in  a  single  car  or  vehicle; 
but  such  samples  shall  not  be  carried  in  that  part  of 
a  car  or  vehicle  which  is  intended  for  the  transporta- 
tion of  passengers  for  hire;  provided,  further,  that 
nothing  in  this  section  shall  be  construed  to  prevent 
the  transportation  of  military  or  naval  forces,  with 
their  accompanying  munitions  of  war,  on  passenger 
equipment,  cars  or  vehicles. 

Transportation  of  liquid  nitroglycerine,  fulminate,  etc., 
in  passenger  vehicle  forbidden.  §  2.  It  shall  be  un- 
lawful to  transport,  carry  or  convey,  or  cause  to  be 
transported,  carried  or  conveyed,  liquid  nitroglycerine, 
fulminate  in  bulk  in  dry  condition  or  other  like  ex- 
plosives, between  any  place  in  the  State  of  Oregon  and 
any  other  place  in  the  State  of  Oregon,  on  any  car  or 
other  vehicle  cf  any  description  operated  by  a  common 
carrier    in   the    transportation    of    passengers. 

Penalty  for  violation  of  two  last  preceding  sections.  §  3. 
Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  Act  shall  be  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  punished  by  a 
fine  cf  not  less  than  $25  nor  more  than  $200,  or  by 
imprisonment  in  the  county  jail  for  a  period  not  to 
exceed  six  months,  or  by  both  such  fine  and  imprisonment. 

OF  PROTECTION  OF  BIRDS,  ANIMALS  AND  GAME 
FISH. 

TR.VNSPORT.VTION   OF   BIRDS,    ANIMALS   AND   FISH. 

Wild  birds,  other  than  game  birds,  protected,  transporta- 
tion forbidden.  §  2268.  No  person  shall,  within  the  State 
Of  Oregon,  kill  or  catch  or  have  in  his  or  her  pos- 
session, living  or  dead,  any  wild  bird,  other  than  a 
game  bird,  or  purchase,  offer,  or  expose  for  sale,  trans- 
port, or  ship  within  or  without  the  State,  any  such  wild 
bird  after  it  has  been  killed  or  caught,  except  as  per- 
mitted by  this  Act.  No  part  of  the  plumage,  skin  or 
body  of  any  bird  protected  by  this  section  shall  be  sold 
or  had  in  possession  for  sale.  For  the  purposes  of 
this  Act  the  following  only  shall  be  considered  game 
birds:  The  Anatidae,  commonly  known  as  swan,  geese, 
brant  and  river  and  sea  ducks;  the  Rallidae,  commonly 
known  as  rails,  coots,  mud  hens  and  gallinules;  the 
Limicolae,  commonly  known  as  shore  birds,  plovers, 
surf    birds,    snipe,    woodcock,    sandpipers,    tattlers    and 


1182 


Natioxal  Association  of  Railway  Commissioners 


curlews;  the  GiUinae,  commonly  known  as  wild  turkeys, 
grouse,  prairie  chickens,  pheasants,  partridges  and  quail; 
provided,  that  the  protection  afforded  birds  under  this 
Act  shall  not  apply  to  crows,  blue  jays,  horned  owls, 
butcher  birds  and  magpies. 

Penalty  for  violation  of  preceding  section.  §  2270. 
Every  person  convicted  of  a  violation  of  any  of  the 
provisions  of  this  Act  shall  be  punished  by  a  fine  of 
net  less  than  ?5  and  not  more  than  $100,  and  in  default 
of  the  payment  of  the  fine  imposed  shall  be  imprisoned 
in  the  county  jail  of  the  county  where  the  offense  was 
committed  at  the  rate  of  one  day  for  each  dollar  of 
the  fine  Imposed. 

Holders  of  certificates  for  scientific  purposes  exempt. 
§  2271.  Sections  2268,  2269  and  2270  shall  not  apply  to 
any  person  holding  a  certificate  giving  the  right  to  take 
birds,  their  nests  or  eggs,  for  scientific  purposes,  as 
provided  for  in  §  2272. 

Transportation,  etc.,  of  parts  of  deer  or  elk  prohibited 
without  tag  affixed — Penalty.  ^  2280.  It  shall  be  unlawful, 
within  the  State  of  Oregon,  at  any  time  to  hunt,  pursue, 
take,  kill,  injure,  destroy  or  have  in  possession  any 
deer  or  elk  for  the  purpose  of  obtaining  the  skin,  hide, 
horns,  hams  or  other  flesh  of  such  animal  for  the  pur- 
pose of  sale,  barter,  exchange  or  trade,  except  as  here- 
inafter provided;  and  it  shall  be  unlawful  at  any  time 
for  any  person,  company,  firm  or  corporation  to  buy  or 
offer  to  buy  or  sell  or  offer  for  sale,  or  have  in  pos- 
session for  sale,  or  to  transport  or  carry  for  purposes 
of  trade,  sale,  barter  or  exchange,  the  skin,  hide,  horns, 
hams,  flesh,  carcass  or  portions  of  carcass  of  any  deer 
or  elk,  except  as  hereinafter  provided.  Any  person  who 
shall  lawfully  kill  deer  during  the  open  season  named 
in  this  Act,  not  to  exceed  five  deer,  may  make  an 
affidavit  before  any  justice  of  the  peace  or  county  clerk, 
setting  forth  the  date  of  killing  of  epch  deer  and  that 
the  same  was  killed  by  the  afiiant;  and  said  justice  of 
the  peace  or  county  clerk  taking  said  affidavit  shall, 
unless  he  have  reason  to  believe  that  said  affidavit  is 
false  or  that  the  affiant  has  violated  this  Act,  thereupon 
deliver  to  the  affiant  one  leather  tag,  of  the  character 
hereinafter  described,  for  the  hide  of  each  deer  covered 
by  said  affidavit,  not  exceeding  five  in  all,  and  the 
person  so  receiving  such  tag  or  tags  shall  securely 
fasten  with  wire  one  tag  to  each  deer  skin,  and  shall 
thereupon  be  entitled  to  offer  said  deer  skin  for  sale 
or  exchange  or  transportation  to  any  point  within  the 
State.  The  tags  above  referred  to  shall  be  designed 
and  issued  by  the  State  game  and  forestry  warden,  or 
the  chief  officer  charged  with  the  enforcement  of  the 
game  laws,  and  shall  bear  a  stamp  impressed  by  him 
containing  a  number  and  the  year  of  issue,  and  such 
other  words  or  figures  as  he  may  determine.  Such  tags 
shall  be  numbered  consecutively,  beginning  with  num- 
ber one,  each  year,  and  shall  be  distributed  by  him  to 
the  various  county  clerks  and  clerks  of  the  county 
courts  of  this  State,  to  be  distributed  to  the  justices 
of  the  peace  of  the  various  counties.  *  *  Such  affi- 
davit may  also  be  taken  by  and  filed  with  any  county 
clerk  of  the  County  Court  of  any  county,  who  may 
issue  tags  direct  to  affiants  under  the  regulations  here- 
inbefore mentioned.  *  *  No  tag  shall  be  issued  to 
any  person  in  any  year  for  any  deer  hide  after  the 
expiration  of  five  days  from  the  close  of  the  open  sea- 
son for  deer  or  elk,  nor  shall  more  than  five  of  such 
tags  ever  be  issued  to  any  person  in  any  one  year.  It 
shall  be  unlawful  for  any  person  to  buy,  sell  or  offer 
for  sale,  or  receive  for  any  purpose,  or  transport  or 
carry  any  deer  hide  within  this  State  unless  the  same 
shall  have  attached  thereto  a  leather  tag  as  hereinbefore 
provided.  Any  person  who  shall  wilfully  make  a  false 
affi.davit  for  the  purpose  of  securing  any  tag  hereinbe- 
fore mentioned,  or  who  shall  counterfeit  or  alter,  or 
attempt  to  counterfeit  or  alter,  any  such  tag  issued  by 
the  State  game  and  forestry  warden,  or  the  chief  officer 
charged  with  the  enforcement  of  the  game  laws,  shall 
be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall 
be  punished  as  hereinafter  provided. 

Unlawful  to  sell  or  transport  certain  game  animals, 
birds  and  folds.  §  2325.  It  shall  be  unlawful  for  any  per- 
son, firm  or  corporation  to  sell  or  offer  for  sale,  barter 
or  exchange,  or  have   in  possession   for   the   purpose   of 


naii  , 


sale,  barter  or  exchange,  or  to  ship  or  cause  to  be  car- 
ried or  transported  beyond  the  boundaries  of  the  State 
of  Oregon  for  sale,  barter  or  exchange,  except  for 
scientific  or  breeding  purposes,  any  beaver,  spotted  fawn, 
deer,  mountain  sheep,  antelope,  elk,  silver-gray  squirrel, 
prairie  chicken,  grouse,  pheasant,  ruffed  grouse,  ring- 
neck  or  China  pheasant,  quail,  bob-white  quail  or  par- 
tridge, silver  pheasant,  golden  pheasant,  copper  pheasant, 
green  pheasant  or  Reeves'  pheasant;  provided,  however] 
nothing  in  the  provisions  of  this  Act  shall  be  so  con- 
strued as  to  prevent  the  sale  and  shipment  of  ring- 
necked  or  Chinese  pheasants  or  other  birds  raised  in 
captivity  for  breeding  purposes,  providing  that  said  sale 
and  shipment  be  made  with  the  knowledge  and  by  the 
special  consent  of  the  State  game  warden;  and  provided, 
further,  that  all  ring-necked  or  Chinese  pheasants,  which 
are  hatched  and  raised  in  captivity  as  domestic  birds 
may  be  sold  direct  to  consumers  at  any  time  during 
the  closed  season  of  said  ring-necked  or  Chinese  pheas- 
ants; provided,  that  all  such  birds  shall  be  shipped  aliva 
and  shall  have  been  pinioned,  when  young,  by  amputa- 
tion of  the  first  joint  of  the  wing,  thereby  rendering 
them  unable  to  fly,  and  by  furnishing  such  further  post- 
five  evidence  that  they  were  so  raised  as  domestic 
birds  as  the  judgment  of  the  State  game  warden  shall 
require.  — 

And   it  shall  be  unlawful  for  any   person,   firm   or 
poration   to   ship   or   carry,  or   transport   or   cause   to    „_ 
shipped,    carried    or    transported    beyond    the    boundaries 
of  the   State  of  Oregon,   any  wild   duck   or   wild  swan. 

Penalty  for  violation  of  preceding  section.  §  2326.  Any 
person  violating  any  of  the  provisions  of  §  *  *  •  23J5 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
$50  nor  more  than  $150,  or  by  imprisonment  in  the  count  v 
jail  of  the  county  wherein  such  unlawful  act  was  con  - 
mitted,  for  not  less  than  30  days  nor  more  than  90  dav  , 
or  by  both  such  fine  and  imprisonment. 

Package  intended  for  transportation  to  be  plains  / 
marked.  ?  2344.  (a)  All  parcels,  packages,  crates,  barrel  , 
boxes  or  other  receptacles  containing  any  of  the  wild  an  - 
mals,  wild  fowl,  game  birds  or  fish  enumerated  in  this  Ai  t 
shall  be  labeled  in  plain  letters  on  the  address  side  of  tt  ^ 
package  so  as  to  disclose  the  fact  that  such  parcel,  pac:  ■ 
age,  crate,  barrel,  box  or  other  receptacle  contains  wil  i 
animals,  wild  fowl,  game  birds  or  fish,  and  the  nature  (  t 
the  wild  animals,  wild  fowl,  game  birds  or  fish  containt  1 
therein;  and  it  shall  be  unlawful  for  any  person  to  deliv(  r 
to  any  common  carrier  for  transportation  any  such  parcf  I. 
package,  crate,  barrel,  box  or  other  receptacle  containii  ^ 
any  such  wild  animals,  wild  fowl,  game  birds  or  fish,  whit  I 
shall  not  have  been  labeled  as  herein  required,  or  to  plai  e 
thereon  a  false  statement  as  to  the  contents  thereof. 

(b)  Every  person  delivering  to  a  common  carrier  a 
parcel,  package,  crate,  barrel,  box  or  other  receptacle  co  i- 
taining  any  wild  animals,  wild  fowl,  game  bird  or  fis  i, 
shall  place  upon  said  parcel,  package,  crate,  barrel,  box  i  r 
other  receptacle  the  name  and  address  of  the  owner  i  r 
consignor  thereof,  and  it  shall  be  unlawful,  and  it  is  herel  y 
prohibited,  for  any  common  carrier  or  agent,  servant  i  r 
employe  of  a  common  carrier,  to  receive  for  transportati(  n 
or  transport  any  parcel,  package,  crate,  barrel,  box  or  oth  r 
receptacle  containing  any  wild  animal,  wild  fowl,  gan  •' 
bird  or  fish,  unless  the  same  shall  be  labeled  as  in  this  A  ,t 
provided. 

Transportation  of  game  animals,  fish  or  fowl  forbidi_ 
exceptions.  §  2345.  Every  steamboat  company,  railros 
company,  express  company  or  other  common  carrier,  their 
officers,  agents  and  servants,  and  every  other  person  who 
shall  transport,  carry  or  take  out  of  this  State,  or  who 
shall  receive  for  the  purpose  of  transportation  from  this 
State  any  of  the  wild  animals,  wild  fowl,  game  birds  or  fli;h 
enumerated  In  this  Act,  except  for  the  purpose  of  propaga- 
tion or  exhibition,  or  who  shall  transport,  carry  or  ta  ce 
from  this  State,  or  receive  for  the  purpose  of  transporta- 
tion from  this  State,  any  such  wild  animals,  wild  fo\/l, 
game  birds  or  fish,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  as  hereinafter 
provided;  provided,  that  the  right  to  transportation  for  the 
purpose  of  propagation  or  exhibition  shall  first  be  obtained 
in  writing  from  the  State  game  and  forestry  warden  or  one 
of  his  deputies;  provided,  however,  that  upon  the  granting 
of  a  similar  privilege  by  the  legislature  of  the  State  of 


A.t 
roi™ 


J 


Public  Sekvice  Laws 


1183 


Washington,  to  the  citizens  or  residents  of  the  State  of 
Oregon,  nothing  in  this  section  shall  he  construed  to  pre- 
vent any  citizen  or  resident  of  the  State  of  Washington 
from  personally  taking  with  him  any  trout,  other  game  flsh 
or  game  to  the  limit  of  one  day's  hunt  or  fish,  killed  or 
captured  by  himself  in  the  State  of  Oregon,  when  it  is  law- 
ful to  take,  kill  or  capture  the  same;  but  this  provision 
shall  be  strictly  construed,  and  shall  not  be  interpreted 
60  as  to  permit  the  transportation  of  trout,  other  game 
fish  or  game  out  of  the  State  of  Oregon  by  any  steamboat 
company,  railroad  company,  express  company  or  other 
common  carrier,  for  any  purpose  whatever,  except  as  here- 
inbefore provided. 

Penalty  for  violation  of  preceding  sections.  §  2346.  Any 
person  violating  any  of  the  provisions  of  §  §  2342,  2343, 
2344  and  2345, shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  $100  nor  more  than  ?500,  or  by  imprisonment 
in  the  county  jail  of  the  county  wherein  such  unlawful 
act  was  committed  for  not  less  than  30  days  nor  more  than 
90  days,  or  by  both  such  fine  and  imprisonment. 

Duties  of  game  and  forestry  xoarden — Search  of  cars, 
packages,  etc. — Justices'  courts  to  have  concurrent  jurisdic- 
tion. §  2351.  It  shall  be  the  duty  of  the  State  game  and 
forestry  warden,  under  the  direction  of  the  governor,  to 
enforce  the  laws  of  the  State  of  Oregon  for  the  protection 
of  trout,  game  fish,  game  birds,  game,  wild  fowl,  song 
birds,  and  forests,  and  to  bring  and  to  cause  to  be  brought 
actions  or  proceedings  in  the  name  of  the  State  to  recover 
any  and  all  fines  and  penalties,  and  to  inflict  punishment 
for  violations  of  such  laws.  He  shall  have  power  to  search 
any  person  and  examine  any  boat,  conveyance,  vehicle, 
game  bag,  game  basket,  game  coat  or  other  receptacle  for 
game  or  game  fish  and  all  cold  storage  rooms,  warehouses, 
taverns,  boarding  houses,  hotels,  restaurants,  clubs,  eating- 
houses,  saloons  and  other  places  where  game  or  game  fish 
may  be  kept  or  sold,  and  to  search  and  examine  all  pack- 
ages or  boxes  held  either  for  storage  or  shipment,  which 
he  has  reason  to  believe  contain  evidence  of  the  infraction 
of  the  laws  of  this  State  for  the  protection  of  wild  fowl, 
trout,  other  game  fish,  game,  game  birds,  song  birds  and 
forests;  and  if  upon  diligent  inquiry  he  can  discover  evi- 
dence sufl5cient  in  his  judgment  to  secure  the  conviction  of 
the  alleged  oftenders,  or  shall  have  cause  to  believe  that 
suflficient  evidence  exists  to  justify  the  same,  he  shall  at 
once  institute  proceedings  to  punish  the  alleged  oftenders; 
and  hindrance  or  interference  with  such  search  and  ex- 
amination shall  be  prima  facie  evidence  of  a  violation  of 
the  law  by  the  party  or  parties  who  hinder  or  interfere  or 
attempt  to  hinder  or  interfere  with  such  search  and  exam- 
ination. Said  game  and  forestry  warden  shall  at  any  and 
all  times  seize  and  take  possession  of  any  and  all  game, 
wild  fowl,  game  fish,  game  birds,  song  birds,  or  trout  which 
had  been  caught,  taken  or  killed  at  any  time  in  any  man- 
ner, or  for  any  purpose,  or  had  in  possession  or  under 
control,  which  have  been  shipped  contrary  to  any  of  the 
laws  of  this  State.  Such  seizure  may  be  made  without 
warrants.  Any  court  having  jurisdiction  of  fhe  offense, 
upon  receiving  proof  or  probable  cause  for  believing  in  the 
concealment  of  the  offense,  upon  receiving  proof  of  probable 
cause  for  believing  in  the  concealment  of  any  game,  wild 
fowl,  game  flsh,  game  bird,  song  bird  or  trout  caught, 
taken,  killed,  had  in  possession,  under  control  or  shipped 
contrary  to  any  of  the  laws  of  this  State  shall  issue  a 
search  warrant  and  cause  a  search  to  be  made  in  any  place, 
and  to  that  end  cause  any  building,  enclosure,  car,  boat, 
apartment,  chest,  box,  crate,  basket,  or  package  to  be  broken 
open  and  the  contents  thereof  examined  by  said  State  game 
and  forestry  warden  or  any  deputy  warden,  sheriff  or  con- 
stable. All  trout,  game,  fish,  game  birds,  wild  fowl,  or  song 
birds  seized  by  said  State  game  and  forestry  warden  or  any 
of  his  deputies,  shall  be  disposed  of  in  such  manner  as 
may  be  directed  by  the  court  before  whom  the  offense  is 
tried  or  by  any  court  of  competent  jurisdiction.  Justices' 
courts  shall  have  concurrent  jurisdiction  of  the  offense 
defined  in  this  Act.  Such  action  or  proceedings  shall  be 
commenced  on  the  order  of  the  State  game  and  forestry 
warden  in  the  name  of  the  State  of  Oregon,  by  any  district 
attorney  in  the  district  in  which  the  offense  shall  be  alleged 
to  have  been  committed,  and  such  action  shall  be  prose- 
cuted to  determination  in  the  county  where  commenced, 
unless,  for  some  good  cause  appearing,  a  discontinuance 
shall  be  directed  by  the  State  game  and  forestry  warden, 
but  in  no  case  where  such  discontinuance  shall  be  directed 


shall  any  costs  be  charged  or  chargeable  to  the  prosecu- 
tion. 

Unlawful  to  ship  or  transport  trout  taken  from  Rogue 
River.  §  2359.  It  shall  be  unlawful  for  any  person  or 
persons,  firm  or  corporation  to  ship  or  transport,  or  offer  to 
ship  or  transport,  or  to  receive  from  any  other  person  for 
the  purpose  of  shipping  or  transporting  beyond  the  bounda- 
ries of  either  Jackson,  Josephine  or  Curry  counties,  any 
trout  theretofore  taken  from  the  Rogue  River  or  its  tribu- 
taries. In  any  other  manner  than  by  hook  and  line,  com- 
monly called  angling,  and  the  possession  of  any  trout 
theretofore  taken  from  the  Rogue  River  or  its  tributaries, 
for  the  purpose  of  such  transportation  shall  be  prima  facie 
evidence  that  the  said  trout  was  theretofore  taken  from 
said  stream  in  a  manner  other  than  with  hook  and  line, 
commonly  called  angling;  and  for  the  purpose  of  this  Act, 
every  station  agent,  express  agent  and  every  other  agent 
or  employe  of  every  firm  or  corporation  violating  the  pro- 
visions of  this  law  shall  be  deemed  a  principal  with  said 
firm  or  corporation  and  shall  be  punished  as  such. 

Penalty.  §2360.  Any  person  or  persons,  firm  or  corpo- 
ration violating  any  of  the  provisions  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  $25 
nor  more  than  |200  and  the  costs  of  the  action  for  each 
such  offense,  or  by  Imprisonment  In  the  county  jail  not 
less  than  25  days  and  not  more  than  one  year,  or  by  both 
such  fine  and  Imprisonment;  provided,  in  case  of  fine  only, 
that  he  be  Imprisoned  in  the  county  jail  until  such  fine 
and  costs  of  action  shall  be  paid;  he  shall  he  credited  with 
such  fine  and  costs  in  the  sum  of  $2  for  each  day's  Impris- 
onment. In  all  actions  for  violations  of  the  provisions  of 
this  Act  one-third  of  the  moneys  collected  as  fines  ^hall 
be  paid  to  the  district  attorney  or  his  deputies  who  conduct 
the  action,  one-third  shall  be  paid  to  the  informer  or  prose- 
cuting witness,  providing  such  informer  or  prosecuting 
witness  is  not  a  regularly  appointed  and  salaried  -fish 
warden  deputy,  the  remaining  one-third  of  two-thirds  or 
all,  as  the  case  may  be,  shall  be  paid  to  the  master  flsh 
warden,  and  by  him  deposited  with  the  State  treasurer  to 
be  placed  in  the  "Game  Hatchery  Fund,"  if  there  be  such 
a  fund,  or  in  the  "Hatchery  Fund"  if  there  be  no  gaipe 
hatchery  fund  for  the  district  In  which  said  fine  was  im- 
posed. 

Justices  to  have  concurrent  jurisdiction.  %  2362.  Jus- 
tices of  the  peace  shall  have  concurrent  jurisdiction  in  the 
first  instance  with  Circuit  Courts  of  all  offenses  under  this 
Act. 

FISH  PROM  ROGUE  RIVER,  ACT  OF  1911. 

Transportation,  sale,  etc.,  of  steelhead,  salmon  trout  or 
other  trout  taken  from  Rogue  River  forbidden.  §  1.  It 
shall  at  all  times  be  unlawful  for  any  person  or  persons, 
corporation  or  firms  to  sell,  barter  or  exchange  or  to  have 
In  possession  for  the  purpose  of  sale,  barter  or  exchange, 
or  to  ship  or  transport  or  to  receive  for  the  purpose  of  ship- 
ping and  transporting  for  sale,  barter  or  exchange  any 
steelhead,  salmon  trout  or  any  other  species  of  trout  taken 
from  the  Rogue  River  or  any  of  Its  tributaries  at  any  time 
of  the  year. 

Transportation,  sale,  etc.,  of  steelhead,  salmon  trout  or 
salmon  from  Rogue  River  foi-bidden.  §  2.  It  shall  be  un- 
lawful for  any  person  or  persons,  corporation  or  firm  to 
sell,  barter  or  exchange,  or  have  In  possession  for  the  pur- 
pose of  sale,  barter  or  exchange,  or  to  ship  or  transport 
or  to  receive  for  the  purpose  of  shipping  and  transporting 
for  sale,  barter  or  exchange  any  Chinook  salmon,  silver- 
side  salmon  or  other  species  of  salmon,  taken  from  any  of 
the  waters  of  Rogue  River  or  its  tributaries  during  any 
closed  season  period  on  said  river;  provided,  however,  that 
the  provisions  of  this  Act  shall  not  apply  to  salmon  of  any 
kind,  other  than  steelhead,  taken  during  the  open  fishing 
season. 

Penalty  for  violation  of  preceding  sections.  §  3.  Any 
person  violating  any  provision  of  this  Act  shall  upon  con- 
viction be  punished  by  a  fine  of  not  less  than  $50  nor  more 
than  $500,  or  by  imprisonment  of  not  less  than  30  days  nor 
more  than  60  days  in  the  county  jail,  or  by  both  such  fine 
and  imprisonment. 

OF  THE  EXECUTIVE  DEPARTMENT. 
Reicards  for  arrest  to  be  offered  by  governor  in  certain 
cases.     §  2611.    The  governor  shall  offer  a  standing  reward 
of  $300  for  the  arrest  of  each  person  who  shall  place  or  at- 


1184 


National  Association  of  Railway  Commissioners 


tempt  to  place  any  obstruction  on  any  railroad  track,  or 
who  shall  misplace  any  switch  on  any  such  road,  whereby 
the  life  of  any  person  passing  over  said  road  may  be  en- 
dangered, and  for  the  arrest  of  each  person  engaged  in  the 
robbing  or  attempting  to  rob  any  person  upon  or  having  fn 
charge,  in  whole  or  in  part,  any  stage  coach,  wagon,  rail- 
road train,  or  other  conveyance  engaged  in  carrying  pas- 
sengers, or  any  private  conveyance  within  this  State; 
the  reward  to  be  paid  to  the  person  making  such  arrest, 
out  of  any  money  not  otherwise  appropriated,  immediately 
upon  the  conviction  of  the  person  so  arrested;  but  no  re- 
ward shall  be  paid  except  after  such  conviction. 

OF   THE   GOVEHNMKMT   OF  CITIES   ANO  TOWNS. 

Powers  0/  the  common  council.  §  3229.  The  mayor  and 
aldermen  shall  compose  the  common  council  of  any  such 
city  or  town  organized  under  this  Act,  and  at  any  regular 
meeting  thereof  shall  have  power  *  *  *  to  permit,  al- 
low, and  regulate  the  laying  down  of  tracks  for  street  cars 
and  other  railroads  upon  such  streets  as  the  council  may 
designate,  and  upon  such  terms  and  conditions  as  the 
council  may  prescribe;  and  allow  and  regulate  the  erection 
and  maintenance  of  poles,  or  poles  and  wires  for  telegraph, 
telephone,  electric  light  or  other  purposes  upon  or  through 
the  streets,  alleys,  or  public  grounds  of  such  city  or  town; 
•  *  *  to  fix  the  maximum  rate  of  wharfage,  rates  for 
gas,  or  other  lights,  for  carrying  passengers  on  street  rail- 
ways, and  water  rates;  and  no  such  city  or  town  shall  ever 
deprive  itself  of  the  right  through  its  common  council  of 
regulating  and  adjusting  any  such  rates,  so  that  the  same 
shall  be  reasonable  for  the  services  rendered,  at  least  once 
In  any  period  of  two  years;  *  *  *  provided,  however, 
that  nothing  contained  in  this  Act  shall  be  so  construed  as 
to  oust  the  State  courts  of  jurisdiction  to  indict  or  punish 
persons  for  offenses  against  any  law  of  the  State  com- 
mitted within  the  limits  of  any  such  city  or  town;  to 
license,  regulate,  and  control  any  lawful  business,  trade, 
occupation,  profession,  or  calling,  carried  on  or  conducted 
within  the  corporate  limits  of  any  such  city  or  town;  to 
suppress  and  prohibit  anything  which  is  injurious  to  the 
public  morals,  public  safety,  or  the  public  health  of  the 
inhabitants  of  any  such  city  or  town;  and  to  exercise  any 
and  all  police  regulations  concerning  the  public  morals, 
public  safety,  public  health,  and  public  convenience  of  the 
inhabitants  of  any  such  city  or  town;  *  *  *  to  make 
by-laws  and  ordinances  not  inconsistent  with  the  laws  of 
the  United  States  nor  of  this  State  to  carry  into  effect  the 
provisions  of  this  Act;  and  to  provide  for  the  punishment 
of  persons  violating  any  such  by-laws  or  ordinances  by 
fine  or  imprisonment,  or  both,  and  the  working  of  such 
persons  on  the  streets  of  any  such  city  or  town,  or  at  any 
other  work;  but  no  fine  shall  exceed  the  sum  of  $50,  nor 
shall  any  imprisonment  exceed  twenty  days. 

OP  ELECTIONS,  ACTS  OF  1909. 

OF   CORRUPT  PRACTICES   IN   NOMINATIONS   AND   ELECTIONS. 

To  prevent  corrupt  practices  in  nominatrons  and  elec- 
tions. §  3510.  No  corporation,  and  no  person,  trustee  or 
trustees,  owning  or  holding  the  majority  of  the  stock  of  a 
corporation,  carrying  on  the  business  of  a  bank,  savings 
bank,  co-operative  bank,  trust,  trustee,  surety,  indemnity, 
safe  deposit,  insurance,  railroad,  street  railway,  telegraph, 
telephone,  gas,  electric  light,  heat,  power,  canal,  aqueduct, 
water,  cemetery,  or  crematory  company,  or  any  company 
having  the  right  to  take  or  condemn  land  or  to  exercise 
franchises  in  public  ways  granted  by  the  State  or  by  any 
county,  city  or  town,  shall  pay  or  contribute  in  order  to 
aid,  promote  or  prevent  the  nomination  or  election  of  any 
person,  or  in  order  to  aid  or  promote  the  interests,  success 
or  defeat  of  any  political  party  or  organization.  No  person 
shall  solicit  or  receive  such  payment  or  contribution  from 
such  corporation  or  such  holders  of  a  majority  of  such 
stock. 

Penalty  for  violating  preceding  section.  §  3535.  Who- 
ever violates  any  provision  of  this  Act,  the  punishment  for 
which  is  not  specially  provided  by  law,  shall,  on  conviction 
thereof,  be  punished  by  imprisonment  in  the  county  jail 
tor  not  more  than  one  year,  or  by  fine  of  not  more  than 
$5,000,  or  by  both  such  fine  and  imprisonment. 

OF  REVENUE  AND  TAXATION. 

OF  LICENSE  TAXES   ON  EXPRESS,  TELEGRAPH  AND  TELEPHONE 
COMPANIES — 1907. 

License  on  gross  earnings— Express,  telephone  and  tele- 
Sraph  companies.    %  3540.    That  every  express  company  or 


corporation  doing  business  in  this  State  shall  pay  to  the 
State  of  Oregon  a  license  of  3  per  centum  upon  the  gross 
receipts  of  such  company  or  corporation  received  in  this 
State,  and  every  telephone  company  or  corporation  doing 
business  in  this  State,  and  every  telegraph  company  or 
corporation  doing  business  in  this  State,  shall  pay  to  the 
State  of  Oregon  a  license  of  2  per  centum  upon  the  gross 
receipts  of  such  company  or  corporation  received  in  this 
State;  which  license  shall  be  paid  annually  by  such  com- 
pany or  corporation  to  the  treasurer  of  this  State.  And 
for  the  purpose  of  ascertaining  the  amount  of  the  same,  it 
shall  be  the  duty  of  the  president,  secretary,  and  treasurer, 
or  such  of  them  as  reside  in  this  State,  or  if  neither  of  said 
officers  reside  in  this  State,  then  of  the  general  manager  or 
other  officer  or  agent  of  such  company  or  corporation  hav- 
ing general  control,  management,  or  supervision  of  its 
business  within  this  State,  to  transmit  to  the  State  treas- 
urer, on  or  before  the  first  day  of  March  of  each  year,  a 
statement,  under  oath,  of  the  gross  receipts  of  said  com- 
pany or  corporation  for  business  transacted  within  this 
State  during  the  preceding  year,  ending  December  31  of 
said, year;  and  it  such  company  or  corporation  shall  fail  .o 
make  such  statement,  or  to  pay  any  such  license,  for  the 
period  of  30  days  from  and  after  such  statement  is  required 
by  this  Act  to  be  made  or  after  such  license  is  due  ard 
payable  as  herein  provided,  the  amount  thereof,  with  the 
addition  of  10  per  centum  thereon  for  such  failure  shall  be 
collected  of  such  company  or  corporation,  for  the  use  of  the 
State,  and  the  same  is  hereby  declared  to  be  and  is  made  a 
debt  due  and  owing  from  such  company  or  corporation  ■  o 
the  State  of  Oregon,  and  the  attorney-general  of  the  Stats, 
or  district  attorney  of  the  proper  judicial  district,  shall 
commence  and  prosecute  to  final  determination  in  any  cou  -t 
of  competent  jurisdiction,  an  action  at  law  to  collect  tl  e 
same,  and  to  that  end  and  to  make  this  Act  more  effectii  e 
the  said  attorney-general,  or  district  attorney,  as  the  cai  e 
may  be,  or  both,  shall  have  the  same  power  and  authorii  y 
to  call  before  him  or  them,  officers  or  agents  of  such  d  i- 
linquent  company  or  corporation,  and  other  witnesses,  fi  r 
examination  bearing  upon  the  earnings  of  such  compar  y 
or  corporation,  the  same  as  may  now  be  done  by  distri  t 
attorneys  of  the  State  of  Oregon  in  criminal  matters;  ard 
it  is  hereby  made  the  duty  of  the  State  treasurer  to  gii  e 
notice  to  the  attorney-general  of  such  failure  to  file  su(  h 
statement  or  to  pay  such  license  within  10  days  from  ar  d 
after  the  expiration  of  the  said  30  days  herein  above  me  i- 
tioned. 


0 


Penalty  for  failure  to  make  statement.  §  3541.  If  i 
officer  or  agent  of  any  company  or  corporation  me  i- 
tioned  in  §  3540  shall  fail,  neglect,  or  refuse  to  mal  e 
and  file  such  annual  statement  of  the  gross  receipts  >f 
the  company  or  corporation  of  which  he  is  such  offlc.  r 
or  agent,  for  30  days  after  the  first  day  of  March  ii 
each  year,  he  shall  be  deemed  to  be  guilty  of  a  mis- 
demeanor, and  shall,  on  conviction  thereof,  be  punishi  d 
by  a  fine  of  not  less  than  $500  nor  more  than  $1,00 ), 
or  by  impnisonment  in  the  county  jail  not  less  thi  n 
30  days  nor  more  than  six  months,  or  by  both  such  fii.e 
and  imprisonment  in  the  discretion  of  the  court;  ai  d 
the  district  attorney  of  the  proper  judicial  district  shi  11 
commence  and  prosecute  to  final  determination  in 
court  of  competent  jurisdiction  an  action  of  lawj 
enforce  this   penalty. 


n   W>d 


Express,  telephone  and  telegraph  companies  defi 
§  3542.  Any  person  or  persons,  joint  stock  company,  or 
poration,  wherever  organized  or  incorporated,  when  engagi  d 
in  the  business  of  conveying  to,  from,  or  through  this  State, 
or  any  part  thereof,  money,  packages,  gold,  silv  ;r 
plate,  merchandise,  or  other  articles,  by  express,  njt 
including  the  ordinary  manner  of  transportation  ci  s- 
tomarily  designated  as  freight,  shall  be  deemed  to  )e 
an  express  company.  That  any  person  or  persons,  joiat 
stock  company,  or  corporation,  wherever  organized  or  in- 
corporated, when  engaged  in  the  business  of  transmit- 
ting to,  from,  through,  or  in  this  State,  telephone  mes- 
sages, shall  be  deemed  to  be  a  telephone  compar  y. 
That  any  person  or  perons,  joint  stock  company,  or 
corporation,  wherever  organized  or  incorporated,  wh'jn 
engaged  in  the  business  of  transmitting  to,  from,  through, 
or  in  this  State,  telegraph  messages,  shall  be  deemed  to 
be   a   telegraph   company. 

Annual  statement — What  to  contain.     §  3543.     In  addi- 
tion to  the  statement  of  gross  receipts  requii^d  by  the 


PuiiLic  Seuvice  Laws 


1185 


provisions    of   §    3540   such    statement    shall    also    contain 
the   following  facts: 

1.  The  name  of  the  company. 

2.  The  nature  of  the  company,  whether  a  person  or 
persons,  company,  or  corporation,  and  under  the  laws  of 
what  State  or  country  it  was  organized. 

3.  The  location  of  the  principal  office  of  such  busi- 
ness or  company. 

4.  The  name,  postofRce  address,  and  place  of  resi- 
dence of  the  president,  secretary,  treasurer,  superintend- 
ent and  general  manager. 

5.  The  name,  postofflce  address  and  place  of  resi- 
dence of  the  chief  officer  or  managing  agent  of  the  com- 
pany or  business  in  this  State. 

OF  LICENSE  TAXES  ON  SLEEPING  CAR,  REFRIGERA- 
TOR  CAR  AND  OIL  COMPANIES. 

License  on  gross  earnings  —  Sleeping  car,  refrigerator 
car  and  oil  companies.  §  3544.  In  addition  to  the  taxes 
now  provided  for  by  law,  every  sleeping  car  company,  re- 
frigerator car  company  and  oil  company,  doing  business 
in  this  State,  shall  pay  to  the  State  of  Oregon  a  license 
of  3  per  centum  uiKin  the  gross  earnings  of  such  com- 
pany in  this  State,  which  license  shall  be  paid  annu- 
ally by  such  company  to  the  treasurer  of  this  State. 

Sleeping  car  companies — When  so  designated.  §  3545. 
Any  person  or  persons,  joint  stock  company  or  corpora- 
tion, wherever  organized  or  incorporated,  engaged  in  the 
business  of  operating  cars  in  the  State  of  Oregon  for  the 
transportation,  accommodation,  comfort  and  convenience 
or  safety  of  passengers,  on  or  over  any  railway  line  or 
lines  in  whole  or  in  part  within  this  State,  such  line  or 
lines  not  being  owned  or  leased  by  such  company, 
whether  such  car  be  termed  sleeping,  parlor,  palace,  din- 
ing, or  buffet,  or  designated  by  some  other  name,  shall 
be  deemed  a  sleeping  car  company,  in  the  meaning  of 
this  Act. 

Refrigerator  car  company — When  termed  such.  §  3546. 
Any  person  or  persons,  Joint  stock  company  or  corpora- 
tion, wherever  organized  or  incorporated,  engaged  in  the 
business  of  operating  or  running  cars  for  the  purpose  of 
neeping  cool  food  or  other  articles  of  merchandise  during 
the  transportation  thereof  on  or  over  any  railroad  line  or 
lines,  in  whole  or  in  part  within  this  State,  such  line  or 
lines  not  being  owned  or  leased  by  such  company,  shall 
ue  ueemed  a  refrigerator  car  company,  in  the  meaning  of 
tuis  Act. 

Oil   company — When   termed   such.      §  3547.     Any   non- 
resident  person   or   persons,   and   every  joint   stock   com- 
pany   or    corporation    not    having    its    principal    place    of 
uusiness   within   this   State,  or  not  being  organized  or  in- 
corporated   under   the    laws   of   the    State   of    Oregon,   en- 
gaged in  the  business  of  buying  and  selling,  or  buying  or 
selling  oil   (petroleum  in  its  various  products)   within  the 
State  of  Oregon,  and  any  and  all  persons,  companies,  and 
corporations  doing  business  in  this  State  as  the  representa- 
tive of  any  or  either  of  the  aforesaid  persons  or  corpora- 
tions, on  commission  or  otherwise,  and  any  person  or  per- 
sons, joint  stock  company,  or  corporation,  resident  within 
this   State   or   organized   or   incorporated   under   the   laws 
thereof,  engaged  in  the  business  of  buying  and  selling  oil 
(petroleum    in    its    various    products)    produced,    obtained, 
or  refined  by  either  or  any  of  the  aforesaid  non-resident 
persons,    companies,    or    corporations,    and    whose    busi- 
ness  done   annually   in   such   special   line  amounts   in  the 
gross  to  25  per  centum  of  the  total  annual  gross  receipts 
of  such    person,   company,  or   corporation,   from   all   lines 
in  which  he  or  it  deals,  and  any  person  or  persons,  joint 
stock  company,  or  corporation,  wherever  organized  or  in- 
corjwrated,  engaged  in  the  business  of  operating  cars  for 
the   transportation   of   such   oil   in   this   State   on  or  over 
any  railway  line  or  lines  in  whole  or  in  part  within  the 
State   of  Oregon,   such   line  or   lines   not   being  owned   or 
leased  by  such  person,  company,  or  corporation,  shall  be 
deemed  an  oil  company,  within  the  meaning  of  this  Act. 
Annual    statement    to    be    furnished    State    treasurer. 
§   3548.     It   shall  be  the  duty  of  the   president,   secretary 
and  treasurer  of  such  sleeping  car  company,  refrigerator 
onr  company  and  oil  company,  or  of  such  of  said  officers 
as  reside  within  this  State,  or  if  neither  of  such  officers 
reside    in    this    State,    then    of    the    general    manager    or 
agent,    or   other   officer   of   such    company   or   corporatipn 
having  general  control,  management  or  supervision  of  its 


business  in  this  State,  to  transmit  to  the  State  treasurer 
on  or  before  the  first  day  of  March  of  each  year  a 
statement,  under  oath,  of  the  gross  receipts  of  such  com- 
pany, corporation  or  business,  from  business  transacted 
within  this  State  during  the  preceding  year,  ending  De- 
cember 31,  giving  in  such  statement  also  the  following 
facts: 

1.  The  name  of  the  firm,  company,  business  or  corpora- 
tion. 

2.  The  nature  of  the  business  transacted  by  such 
firm,   business,   company  or  corporation. 

3.  The  location  of  its  principal  office  and  under  what 
laws  it  is  organized  or  incorporated,  and  whom,  if  any 
one,  it  represents,  and  if  in  the  25  per  cent  class  above 
mentioned,   then   whose   wares  it  handles. 

4.  The  name,  postoffioe  address  and  place  of  resi- 
dence of  the  proprietor,  or  the  chief  officer  or  managing 
agent  of  the  business  or  company  in  the  State  of  Oregon. 

5.  The  name,  postoffice  address  and  place  of  resi- 
dence of  the  proprietor,  if  simply  a  firm,  and  if  a  com- 
pany or  corporation,  then  of  the  president,  secretary, 
auditor  and  treasurer. 

6.  A  detailed  statement  of  the  real  estate  (if  any)- 
owned  by  the  firm  or  company  in  the  State  of  Oregon. 
where  situated,  and  the  value  thereof  as  assessed  for 
taxation. 

Failure  to  transmit  statement  and  license — Enforcement 
thereof.    §  3549.    If  such  sleeping  car  company,  refrigerator 
car    company    or    oil    company,    shall    fail    to    make    such 
statement,   or  to   pay   such   license,   for   the   period   of   30 
days   from   and   after  such   statement  is  required   by   this 
Act   to   be   made,  or  after   such   license   is   due   and   pay- 
able,   as    herein    provided,    the    amount   thereof,    with   the 
addition  of  10  per  centum  thereon  for  such  failure,  shall 
be  collected  of  such  company,  for  the  use  of  this  State, 
and    the   same   is   hereby   declared   to   be   and   is   made   a 
debt  due  and  owing  from  such  company  to   the   State  of 
Oregon,  and  the  attorney-general  of  the  State,  or  the  dis- 
trict attorney   of  the   proper  judicial   district,   shall   com- 
mence and   prosecute  to  final  determination  in  any  court 
of  competent  jurisdiction  an  action  at  law  to  collect  the 
same,    and,    to   that   end   and   for  the   purpose   of  making 
this    Act    more    eltective,    the    said    attorney-general,    or 
district  attorney,  as  the  case  may  be,  or  both,  shall  have 
the  same  power  and  authority  to  call  before  him  or  them, 
officers    or    agents    or    representatives    of    such    deliquent 
company,    and    other   witnesses, .  for   examination    bearing 
upon  the  receipts  of  such  company,  in  the  same  manner 
that    the    district   attorneys    now    have    with    reference   to 
criminal  matters;   and  it  is  hereby  made  the  duty  of  the 
State   treasurer   within   10   days   from   and   after  the  ex- 
piration of  the  said  30  days'  time  limit  hereinbefore  men- 
tioned, to  give  notice  of  such  delinquency  to  the  attorney- 
general   of  the   State. 

Failure  to  render  statement  —  Penalty.  S  3550.  If  any 
officer  of  any  company  or  corporation,  or  other  person 
mentioned  in  the  preceding  sections  of  this  Act.  shall 
fail,  refuse  or  neglect  to  make  and  file  such  annual 
statement  of  the  gross  receipts  in  this  State,  of  the  firm, 
company  or  corporation  of  which  he  is  such  proprietor  or 
officer,  or  agent,  for  30  days  after  the  first  day  of 
March  in  each  year,  on  conviction  thereof,  he  shall  be 
punished  by  a  fine  of  not  less  than  $500  nor  more  than 
$1,000,  or  by  imprisonment  in  the  county  jail  not  less 
than  30  days  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the 
court,  and  the  district  attorney  of  the  proper  judicial 
district  shall  commence  and  prosecute  to  final  deter- 
mination in  any  court  of  competent  jurisdiction  an  action 
at  law  to  enforce  this  penalty. 

OF  THE  BOARD  OF  TAX  COMMISSIONERS. 
ACTS  OF  1909. 
Board  of  State  tax  commissioners.  §  3614.  There  is 
hereby  created  a  board  of  State  tax  commissioners.  Said 
board  shall  be  composed  of  two  persons  to  be  known  as 
tax  commissioners,  together  with  the  governor,  secretary 
of  State  and  State  treasurer,  the  last  three  of  whom 
shall  be  ex  officio  members  of  said  board.  Said  com- 
missionaries  shall  be  skilled  and  expert  in  matters  of 
taxation,  and  shall  net  be  members  of  the  same  po- 
litical party.  They  shall  devote  their  entire  time  to 
the    performance    of    the    duties    herein    imposed.      Said 


1186 


National  Association  of  Railway  Commissioners 


board  shall  perform  the  duties  hereinafter  specified,  and 
the  governor  shall  he  chairman  thereof.  Said  board 
shall  adopt  and  use  an  official  seal,  which  shall  be 
provided   by   the   secretary   of   State. 

Commissioners — Appointment,  bond  and  oath.  §3615. 
Immediately  after  the  taking  effect  of  this  Act,  the 
governor,  secretary  of  State  and  State  treasurer,  or  a 
majority  of  them,  shall  appoint  the  commissioners 
herein  provided  for.  Said  commissioners,  before  enter- 
ing upon  the  discharge  of  their  official  duties,  shall  each 
execute  a  bond,  payable  to  the  State  of  Oregon,  in  the 
penal  sum  of  jlO,000,  with  sureties  to  be  approved  by 
the  governor,  for  the  faithful  performance  of  his  official 
duties.  Each  commissioner  shall  take  and  subscribe 
an  oath  for  the  faithful  discharge  of  the  duties  of  his 
office,  which  oath  shall  be  indorsed  upon  his  official 
bond,  and  said  bond  and  oath,  when  so  executed  and 
approved,  shall  be  filed  in  the  office  of  the  secretary 
of   State. 

Commissioners — Term  of  office.  §  3616.  The  commis- 
sioners first  appointed  shall  hold  office,  one  for  two 
years,  and  one  for  four  years,  and  thereafter  persons 
appointed  as  commissioners  shall  hold  office  for  the 
term  of  four  years. 

Duties  of  board.  §  3617.  It  shall  be  the  duty  of  the  said 
board   of  State   tax   commissioners: 

1.  To  have  and  exercise  general  supervision  of  the 
system  of  taxation  and  collection  of  public  taxes,  dues 
and  revenues  throughout  the  State.     »    »    • 

15.  To  make  an  annual  assessment,  upon  an  assess- 
ment roll  to  be  prepared  by  said  board,  of  the  property 
having  a  situs  in  this  State,  as  hereinafter  defined,  of 
all  railroad  companies,  sleeping  car  companies,  union 
station  and  depot  companies,  electric  and  street  railway 
companies,  express  companies,  telegraph  companies,  tele- 
phone companies,  refrigerator  car  companies,  oil  and 
tank  line  companies,  and  of  such  heat,  light,  power, 
water,  gas  and  electric  companies  as  may  be  doing  busi- 
ness as  one  system,  partly  within  this  State  and  partly 
witfiout,  or  so  doing  business  in  more  than  one  county 
of  the  State. 

Term  "property"  as  used  in  Act,  defined.  §  3618.  The 
term  "property,"  as  used  in  this  Act,  shall  be  deemed  to 
include  all  property,  real  and  personal,  subject  to  as- 
sessment for  taxation  under  this  Act  belonging  to  the 
corporation,  or  held  by  it  as  occupant,  lessee,  or  other- 
wise, and  shall  include  the  rights  of  way,  roadbed,  cars, 
rolling  stock,  tracks,  wagons,  horses,  office  furniture, 
telegraph,  telephone  and  transmission  poles,  wires,  con- 
duits, switch  boards,  machinery,  appliances,  appurten- 
ances, and  all  other  property  of  a  like  or  different 
kind,  used  in  the  carrying  on  of  the  business  of  said 
corporation,  and  owned,  leased  or  operated  by  them  re- 
spectively, and  all  other  real  and  personal  property, 
and  all  franchises  and  special  franchises;  provided,  how- 
ever, that  this  definition  shall  not  include,  apply  to, 
or  subject  to  assessment  for  taxation  by  said  board, 
such  real  estate  as  is  owned  and  can  be  conveyed  by 
such  corporation  under  the  laws  of  this  State,  which  is 
not  actually  occupied  in  the  exercise  of  its  franchise,  or 
in  use  in  the  operation  of  their  corporate  business,  nor 
to  the  car  and  machine  shops,  grain  elevators,  grain  ware- 
houses, docks,  bridges  across  the  boundary  rivers  of 
the  State,  or  the  Willamette  River,  the  water  craft  of 
any  corporation,  nor  to  the  real  and  personal  property 
of  such  corporation  devoted  to  navigation;  but  such  car 
and  machine  shops,  grain  elevators  and  grain  ware- 
houses, docks  and  bridges,  water  craft  and  property 
devoted  to  navigation,  so  excepted,  shall  be  liable  to 
assessment  for  taxation  in  the  same  manner  as  other 
property  In  the  State  by  the  several  county  assessors. 

"Property  having  situs  in  State"  defined.  §  3619.  The 
term  "property  having  a  situs  in  this  State,"  shall  in- 
clude all  property,  real  and  personal,  of  the  corporation 
Included  in  this  Act,  owned,  leased,  used,  operated  or 
occupied  by  them,  and  also  such  proportion  of  the  rolling 
stock,  cars  and  other  personal  property  of  a  like  or 
different  kind  as  is  used  partly  within  and  partly  with- 
out the  State,  as  herein   provided   to  be  determined. 

Reports  by  corporations  to  be  filed  with  commission — 
Contents.    §  3620.    The  several  corporations  enumerated  in 


be 


this  Act,  doing  business  in  this  State,  are  hereby  re- 
quired annually,  between  the  first  day  of  April  and  the 
fifteenth  day  of  May,  to  make  and  file  with  the  said 
board  of  State  tax  commissioners,  in  such  form  as  said 
board  may  provide,  upon  blanks  to  be  furnished  by  said 
board,  a  statement,  under  oath,  to  be  made  by  the 
president,  secretary,  treasurer,  superintendent  or  chief 
officer  of  such  company,  covering  a  period  of  at  least 
one  year  and  not  exceeding  five  years,  as  may  be  re- 
quired  by   such    board,   containing  the   following  facts:, 

1.  The  name  of  the  company,  the  nature  of  the 
business  conducted  by  the  company  and  under  the  laws 
of  what  State  or  country  it  is  organized;  the  location 
of  its  j)rincipal  office;  the  name  and  postoffice  address 
of  its  president,  secretary,  auditor,  treasurer,  superin- 
tendent and  general  manager;  the  name  and  postoffice 
address  of  the  chief  officer  or  managing  agent  or  ^H 
torney-in-fact  in  Oregon.  |H 

2.  The    number   of   shares    of   capital    stock.  i^M 

3.  The  par   value   and   market  value,   or.   if   there   be 
no  market  value,  the  actual  value  of  the  shares  of  stoo 
on  the  first  day  of  March  at  the  hour  of  1  o'clock  a. 
for  the  year  in  which  the  report  is  made. 

4.  The   bonds   and   other  corporate   obligations   owlj 
by   the   company. 

5.  The  par  value  and  market  value  or  actual  value, 
if  there  be  no  market  value,  of  the  bonds  or  other 
obligations  owing  by  the  company  on  the  first  day  o' 
March  at  the  hour  of  1  o'clock  a.  m.  of  the  year  ll. 
which   the  report  is   made. 

6.  A  detailed  statement  of  the  real  property  ownet 
by  the  corporation  in  Oregon,  where  situated,  and  th( 
value   thereof. 

7.  A    detailed    statement    of    the    personal    property 
including  moneys   and  credits  owned  by  the  company   ii 
Oregon    on    the    first    day    of    March    at    the    hour    of 
o'clock   a.   m.   of  the   year   in  which   the   report  is  ma4 
where  situated  and  the  value  thereof. 

8.  The   total  value   of  the   real   estate   owned   by 
company  situated  outside  of  the  State. 

9.  A    full    and    complete    statement    of    the    cost   am  '" 
actual  present  value  of  all  buildings  of  every  descriptioi 
owned  by  said  company  within  the  State.  ■  m 

10.  The   total   value   of  the   personal   property  of  tfl'l 
company   situated  outside  of  Oregon.  *  * 

11.  The  total  length  of  the  company's  lines,  thi 
length  of  its  lines  within  the  State  of  Oregon  and  alsi 
the  lengfh  of  its  lines  without  the  State  of  Oregon,  In 
eluding  those  which  said  company  controls  or  uses  a 
owner,  lessee  or  otherwise. 

12.  A  statement  of  the  number  of  miles  of  main  lint, 
branch  lines,  double  track  and  sidetracks  owned  o ' 
leased  by  said  company  in  each  county  in  this  Stat<. 
stated   separately. 

13.  A    statement    in    detail    of    the    entire    gross 
ceipts  and  net  earnings  of  the  company  from  all  sources' 
stated  separately  for  the   fiscal   year  next  preceding   th  • 
date  of  the  report. 

14.  Such   other   facts   or   information    as    said 
may  require  in  the  form  of  return  prescribed  by  it. 
board  is  hereby  given  the  power  to  prescribe   direction! , 
rules  and  regulations  to  be  followed  in  answering  any^ 
the  requirements  of  this  Act. 

Penalty  for  failure  to  file  statements — Blanks  provH 
by  board.  §  3621.  Blanks  for  making  the  statements 
vided  for  in  this  Act  shall  be  provided  by  the  said  boa 
provided,  that  the  statements  herein  provided  for  sha  1 
not  relieve  the  company  from  making  any  other  repoi  t 
or  statement  required  by  law  to  be  made  to  any  oth«  r 
commission,  board  or  officer.  In  case  any  company  fais 
or  refuses  to  make  any  statement  or  furnish  any  ii- 
formation  required  by  this  Act,  the  board  shall  infor  n 
itself  as  best  it  may  as  to  the  matters  necessary  to  le 
known  in  order  to  discharge  its  duties  with  respect  'O 
the  property  of  such  company.  Any  company  which 
shall  refuse  or  neglect  to  make  any  statement  requir«4 
by  this  Act  within  the  time  specified  shall  he  subject 
to  a  penally  of  $500  for  each  day  of  the  continuance  of 
such  neglect  or  refusal  to  file  such  statement,  whit^h 
penalty  shall  be  recovered  in  a  proper  action  brought  in 
the  name  of  the  State  of  Oregon  In  any  court  of  com- 
petent jurisdiction. 


at<.  J 

ll 

cef ,   ! 
th. 

tloni , 


Public  Service  Laws 


1187 


Board  to  make  assessment  roll — Mode  to  he  folloioed. 
1 3622.  Subsequent  to  the  filing  of  the  statements  pro- 
vided for  in  the  preceding  section,  and  prior  to  the 
first  Monday  in  October  of  each  year,  it  shall  be  the 
duty  of  the  said  board  of  State  tax  commissioners  to 
prepare  an  assessment  roll,  as  provided  in  §  3617,  upon 
which  they  shall  assess  the  true  cash  value  as  of  the 
first  day  of  March  at  the  hour  of  1  o'clock  a.  m.  of  the 
year  in  which  the  assessment  is  made,  of  all  the  property 
of  the  companies  herein  enumerated  subject  to  taxation 
under  this  Act,  which  said  assessment  shall  not  be  final 
until  reviewed  as  herein  provided.  For  the  purpose  of 
arriving  at  the  amount  and  character  and  true  cash 
value  of  the  property  belonging  to  said  companies  as 
appearing  ui>on  the  assessment  roll  for  the  purpose  of 
assessment  for  taxation  under  this  Act,  the  said  board 
may  personally  inspect  the  property  belonging  to  said 
companies  and  may  take  into  consideration  the  state- 
ments filed  under  this  Act,  the  reports,  statements  or 
returns  of  said  companies  filed  in  the  oflice  of  any  board, 
office  or  commission  of  this  State,  or  any  county  thereof, 
the  earning  power  of  said  companies,  the  franchises  and 
special  franchises  owned  or  used  by  said  companies 
(said  franchises  and  special  franchises  not  to  be  di- 
rectly assessed,  but  to  be  taken  into  consideration  in 
determining  the  value  of  the  other  property),  the  as- 
sessed valuation  of  any  property  of  said  companies, 
used  in  the  operation  of  the  lousiness  of  the  companies, 
and  by  law  required  to  be  assessed  by  county  assessors, 
and  such  other  evidence  of  any  kinds  as  may  be  ob- 
tainable bearing  thereon;  provided,  that  in  no  event 
shall  any  report  or  valuation  by  a  county  assessor  or 
evidence,  as  in  this  Act  provided,  be  conclusive  upon 
such  lioard  in  arriving  at  the  amount  and  character  and 
true  cash  value  of  the  property  belonging  to  said  com- 
panies, and  by  this  Act  to  be  assessed  for  purposes  of 
taxation  by  said  board.  In  determining  the  true  cash 
value  of  the  property  assessable  for  taxation  by  the 
said  board  of  State  tax  commissioners  of  the  companies 
in  this  Act  enumerated,  when  said  companies  own, 
lease,  operate  or  use  rail,  pipe  or  wire  lines  or  property 
within  and  without  this  State,  if  the  board  shall  value 
the  entire  property  within  and  without  the  State  as  a 
unit,  as  provided  in  the  next  section,  the  said  board 
shall  be  controlled  in  ascertaining  the  property  subject 
to  taxation  in  Oregon  by  the  proportion  which  the  num- 
ber of  miles  of  main  track  (meaning  thereby  main, 
stem  and  branch  lines),  miles  of  wire  or  miles  of  main 
pipe  lines  controlled  or  used  by  said  company,  as  owner, 
lepsee  or  otherwise,  within  the  State  of  Oregon,  bears 
to  the  entire  mileage  of  main  track  as  aforesaid,  miles 
of  wire  or  main  pipe  line  controlled  or  used  by  said 
company,    as   owner,    lessee   or   otherwise. 

Valuatioii,  hoiv  made — May  he  on  unit  hasis.  §  3623. 
The  said  board,  for  the  purpose  of  arriving  at  the 
actual  cash  value  of  the  property  assessable  by  it,  as 
herein  provided,  may  value  the  entire  property,  both 
within  and  without  the  State  of  Oregon,  as  a  unit.  In 
case  it  shall  value  the  entire  property  as  a  unit,  either 
within  or  without  the  State  of  Oregon,  or  both,  the  said 
board  shall  make  deductions  of  the  property  of  said 
company  situated  outside  of  the  State,  and  not  con- 
nected directly  with  the  business  thereof,  as  may  be 
just,  to  the  end  that  the  fair  proportion  of  the  property 
of  said  company  in  this  State  may  be  ascertained.  If 
the  said  board  value  the  entire  property  within  the 
State  of  Oregon  as  a  unit,  it  shall  make  deductions  of 
the  property  of  said  company  situate  in  Oregon,  and 
assessed  by  the  county  assessors,  to  an  amount  that 
shall  be  just,  and  for  that  purpose  the  county  assessors 
shall  be  and  they  are  hereby  required,  if  the  said  board 
request  the  same,  to  certify  to  the  said  board  the  as- 
sessable value  of  the  property  of  said  companies  assess- 
able by  them,  but  such  certification  of  assessed  or 
assessable  value  is  intended  to  be  advisory  only,  and  not 
conclusive  upon  the  said  board. 

Assessment  roll,  descriptions.  §  3624.  Upon  the  assess- 
ment roll  shall  be  placed,  after  the  name  of  each  of  the 
companies  assessed  under  the  provisions  of  this  Act,  a 
general  description  of  the  properties  of  the  said  com- 
panies, which  shall  be  deemed  to  include  all  of  the 
properties    of    the    said    companies    liable    to    assessment 


for  taxation  under  this  Act,  owned,  leased  or  occupied 
by  them,  whether  as  owner,  lessee,  occupant  or  other- 
wise. The  said  description  may  be  in  the  language  of 
this  Act  as  contained  in  §  3G18  or  otherwise.  But  no 
assessment  shall  be  invalidated  by  a  mistake  in  the 
name  of  the  corporation  assessed  or  by  an  omission  of 
the  name  of  the  owner,  or  the  entry  of  the  name  other 
than  that  of  the  true  owner,  if  the  property  be  generally 
correctly  described;  and  provided,  further,  that  when 
the  name  of  the  true  owner,  or  the  name  of  the  owner 
of  record,  lessee  or  occupant  of  any  property  assessable 
under  the  provisions  of  this  Act  shall  be  given,  such 
assessment  shall  not  be  held  invalid  on  account  of  any 
error  or  irregularity  in  the  description,  provided  such 
description  would  be  sufficient  in  a  deed  or  conveyance 
from  the  owner  cr  on  account  of  which,  in  a  contract 
to  convey,  a  court  of  equity  would  decree  a  conveyance 
to  be  made,  reading  the  said  description  in  connection 
with  the  definition  of  property  assessable  under  the 
provisions  hereof  as  in  this  Act  contained.  Upon  such 
assessment  roll  shall  be  placed,  opposite  the  name  of 
the  company,  in  a  proper  column,  the  aggregate  main 
trunk  mileage,  as  defined  in  §  3622,  miles  of  wire  or 
main  pipe  line,  as  the  case  may  be,  within  the  State 
of  Oregon. 

Main  and  hranch  lines,  value  per  mile,  hoic  determined. 
§  3625.  Said  board  of  State  tax  commissioners  shall 
thereupon  ascertain  the  value  of  the  several  branch 
lines  of  the  said  companies  situated  in  this  State,  and 
tho  mileage  thereof,  and  shall  ascertain  the  value  per 
mi!e  of  the  said  branch  lines  respectively  by  dividing 
the  value  of  each  of  them  by  the  mileage  thereof.  The 
said  board  shall  thereupon  deduct  the  total  amount  so 
as-jertained  as  the  value  of  branch  lines  from  the  total 
value  of  the  property  of  the  said  companies  assessable 
under  the  provisions  of  this  Act  so  ascertained  as  afore- 
said, and  shall  thereupon  ascertain  the  value  per  mile 
of  main  line  of  rail,  pipe  or  wire  by  dividing  the  re- 
mainder, after  deducting  the  value  of  said  branch  lines 
from  the  total  value  in  this  State  by  the  number  of 
miles  of  such  main  rail,  pipe  or  wire  line  in  this  State, 
and  the  quotient  obtained  as  aforesaid  shall  be  deemed 
and  held  to  be  the  value  per  mile  of  said  branch  and 
main   lines  respectively. 

Revieio  of  assessment  roll,  notice  of  meeting.  §  3627. 
The  said  board  shall  give  three  weeks'  public  notice  in 
some  newspaper  printed  at  the  State  capitol,  setting  forth 
that  on  the  first  Monday  in  December,  it  will  attend  at  the 
capitol  and  publicly  examine  the  assessment  roll  by  it 
made,  and  review  the  same,  and  correct  all  errors  in  valua- 
tion, description,  quantities,  or  qualities  of  property  by  it 
assessable  and  in  apportionments  of  assessments  made  by 
it;  and  it  shall  be  the  duty  of  the  persons  and  corporations 
interested  to  appear  at  the  time  and  place  appointed. 
Proof  of  such  notice  may  be  made  by  affidavit  as  by  law 
provided,  filed  with  the  secretary  of  said  board  on  or 
before  the  first  Monday  in  December  in  the  year  when 
such  notice  is  printed. 

Review  of  assessment  roll,  when.  §  3628.  The  said  hoard 
shall  meet  at  the  capitol  of  the  State  on  the  first  Monday 
of  December  in  each  year,  as  stated  in  the  notice  pre- 
scribed in  the  preceding  section  hereof,  and  shall  then  have 
before  it  the  assessment  roll  made  by  it  as  prescribed  in 
this  Act. 

Revierv  and  correction  of  roll  hy  hoard.  §  3629.  It  shall 
be  the  duty  of  said  board  to  review,  examine  and  correct 
the  assessment  roll  by  it  made,  and  to  increase  or  reduce 
the  valuation  of  the  property  therein  assessed,  so  that  tho 
same  shall  be  the  full  cash  value  thereof,  and  to  assess 
omitted  taxable  property  by  it  assessable,  in  the  manner 
hereinafter  provided,  and  to  correct  errors  in  apportion- 
ments of  assessments  therein.  If  it  shall  appear  to  such 
board  that  there  is  any  real  or  personal  property  which, 
by  law,  it  is  permitted  to  assess,  which  has  been  by  it 
assessed  twice,  or  incorrectly  assessed  as  to  description, 
quantity,  or  quality,  or  assessed  in  the  name  of  a  person 
or  corporation  not  the  owner,  lessee,  or  occupant  thereof, 
or  assessed  xmder  or  beyond  the  actual  full  cash  value 
thereof,  or  which  is  not  assessable  by  said  board,  but 
which  has  been  assessed  by  it,  said  board  may  make 
proper  corrections  of  the  same.  If  it  shall  appear  to  said 
board   that   any  real  or   personal   property   which   is   as- 


1188 


National  Association  of  Railway  Commissioners 


sessable  by  it  has  not  been  assessed  upon  said  assess- 
ment roll,  said  board  shall  assess  the  same  at  the  full 
cash  value  thereof.  If  it  shall  appear  to  said  board  that 
the  property  in  any  county  as  assessed  by  the  county  as- 
sessor and  equalized  by  the  county  board  of  equalization 
has  been  assessed  at  either  than  its  full  cash  value,  the 
board  shall  change  the  apportionment  of  property  within 
that  county  assessable  by  said  board  in  a  like  proportion. 

Change  of  apportionment  or  increase  of  assessment, 
notice,  petitions  for  reductions.  §  3630.  Said  board  shall 
not  change  the  apportionment  of  any  assessment  or  in- 
crease the  valuation  of  any  property  on  such  assessment 
roll  as  provided  in  the  preceding  section  without  giving  to 
the  company  or  person  in  whose  name  it  is  assessed,  at 
least  six  days'  written  notice  to  appear  and  show  cause, 
if  any  there  be,  why  the  apportionment  of  such  assessment 
shall  not  be  changed,  or  the  valuation  of  the  assessable 
property  of  such  company  or  person,  or  some  part  thereof, 
to  be  specified  in  such  notice,  shall  not  be  increased; 
provided,  that  such  notice  shall  not  be  necessary  if  the 
person  or  company  appear  voluntarily  before  said  board, 
and  be  there  notified  by  a  member  thereof  that  the  prop- 
erty of  such  person  or  corporation,  or  some  specified  part 
thereof  is,  in  the  opinion  of  the  board,  assessed  below 
its  actual  value,  or  that  such  apportionment  is,  in  the 
opinion  of  the  board,  incorrect.  Petitions  or  applications 
tor  the  reduction  or  change  of  apportionment  of  a  par- 
ticular assessment  shall  be  made  in  writing,  verified  by 
the  oath  of  the  applicant,  its  president,  secretary,  manag- 
ing agent  or  attorney  in  tact,  and  be  filed  with  the  board 
during  the  first  week  it  is  by  law  required  to  be  in  session, 
and  any  petition  or  application  not  so  made,  verified,  and 
filed  shall  not  be  considered  or  acted  upon  by  the  board. 
If  a  change  in  apportionment  is  made  on  account  of  the 
assessment  in  any  county  having  been  made  at  other  than 
full  cash  value,  like  notice  shall  be  given  the  county  clerk 
or  county  judge  of  said  county. 

Sessions  for  review  and  apportionment,  how  long  to  con- 
tinue. §  3631.  The  said  board,  sitting  for  the  purpose  of 
reviewing  and  apportioning  the  said  roll  as  above  provided, 
shall  continue  its  sessions  from  day  to  day,  exclusive  of 
Sundays  and  legal  holidays,  until  the  examination,  review, 
correction,  equalization  and  apportionment  of  the  said 
rolls  shall  be  completed;  but  it  shall  complete  said  exam- 
inations, review,  correction,  equalization  and  apportion- 
ment within  one  month  from  the  time  it  is  by  law  required 
to  meet,  and,  unless  sooner  completed,  at  the  expiration 
of  one  month  from  the  time  the  board  is  herein  required 
to  meet,  the  examination,  review,  correction,  equalization 
and  apportionment  of  the  said  assessment  roll  shall  be 
deemed  to  be  complete. 

Appeals  from  actions  of  board— Where  nnd  how  taken. 
§  3634.  Any  person  or  corporation  who  shall  have  peti- 
tioned for  the  reduction  or  change  of  apportionment  of 
a  particular  assessment,  or  whose  assessment  has  been 
increased  by  the  said  board  of  State  tax  commissioners, 
sitting  for  the  purpose  of  review,  who  shall  be  aggrieved 
by  the  action  of  such  board,  may  appeal  therefrom  to  the 
Circuit  Court.  In  the  case  of  individuals  resident  in  this 
State  the  appeal  shall  be  taken  to  the  Circuit  Court  of 
the  county  where  the  individual  resides;  if  taken  by  an 
individual  who  is  a  non-resident  of  the  State  it  shall  be 
taken  to  the  Circuit  Court  of  the  county  in  which  the  Capi- 
tol of  the  State  is  situated;  it  taken  by  a  corporation  it 
shall  be  taken  to  the  Circuit  Court  of  the  county  in  which 
the  principal  place  of  business,  if  a  domestic  corporation, 
or  residence  of  the  managing  agent  or  attorney  in  fact. 
If  a  foreign  corporation,  may  be.  The  appeal  shall  be 
taken  and  perfected  in  the  following  manner,  and  not 
otherwise: 

1.  The  party  desiring  to  appeal  from  the  action  of 
such  board  may  cause  a  notice,  to  be  signed  by  himself, 
itself,  or  attorney,  to  be  filed  with  the  secretary  of  said 
board  within  five  days,  excluding  Sunday,  from  the  time 
the  review  of  the  said  assessment  roll  is  completed. 

2.  Within  10  days  of  the  giving  of  such  notice  the 
said  party,  to  be  known  as  the  appellant,  shall  file  with  the 
clerk  of  the  Circuit  Court  for  the  proper  county  a  tran- 
script of  the  petition  for  reduction  of  assessment  or  so 
much  of  the  record  of  the  said  board  as  may  be  necessary 
intelligently  to  present  the  questions  to  be  decided  by  the 
Circuit  Court,  together  with  a  copy  of  the  order  or  action 


taken  by  the  said  board,  the  notice  of  appeal,  and  the 
record  of  the  filing  thereof;  thereafter  the  said  Circuit 
Court  shall  have  Jurisdiction  of  the  matter,  but  not  other- 
wise. 

The  appeal  shall  be  heard  and  determined  by  the  Cir- 
cuit Court  in  a  summary  manner,  and  shall  be  determined 
as  a  suit  in  equity,  except  as  herein  otherwise  provided. 
Either  the  appellant  or  any  county  to  which  any  portion  of 
the  assessment  complained  of  is  or  may  be  apportioned,  as 
appellee,  shall  be  entitled  to  the  compulsory  attendance 
of  witnesses,  and  to  the  production  of  books  and  papers. 
If,  upon  the  hearing,  the  court  finds  the  amount  at  which 
the  property  was  finally  assessed  by  the  said  board  is  its 
actual  cash  value,  and  the  assessment  was  made  fairly 
and  in  good  faith,  it  shall  approve  such  assessment;  but 
if  it  finds  that  the  assessment  was  made  at  a  greater  or 
less  sum  than  the  actual  full  cash  value  of  the  property, 
or  if  the  same  was  not  fairly  or  in  good  faith  made,  it 
shall  set  aside  such  assessment  and  determine  such  value, 
and  a  certified  copy  of  the  order  or  judgment  of  the  Cir- 
cuit Court  shall  be  sufficient  warrant  for  the  apportion- 
ment, levying  and  collecting  of  taxes  against  such  prop- 
erty and  upon  such  valuation  so  determined.  No  pro- 
ceedings for  the  apportionment,  levying  or  collection  of 
taxes  against  any  property  shall  be  stayed  by  reason  of 
the  taking  or  pendency  of  any  appeal  from  the  said  board; 
but  in  the  event  the  assessment  is  lowered  by  the  cou-t 
on  appeal,  the  tax  collectors  of  the  several  counties  shall 
refund  to  the  person  or  corporations  paying  said  taxes  en 
such  property  any  excess  of  taxes,  collected,  and  such 
tax  collector  shall  be  reimbursed  therefor  by  the  severiil 
municipalities  to  which  he  may  have  disbursed  any  such 
excessive  collections,  and  in  the  event  the  assessment  :8 
increased  by  the  court  on  appeal  the  property  shall  le 
liable  for  the  deficiency  on  the  amount  of  such  increased 
valuation.  In  the  event  any  reapportionment  as  betweei 
counties  is  made  by  the  court  on  appeal,  corresponding; 
adjustments  shall  be  made  by  the  tax  collectors  of  thj 
counties  affected.  The  provisions  of  law  governing  costs 
and  disbursements  on  appeal  shall  be  applicable  theretc . 
Payment  of  taxes  while  appeal  is  pending  shall  not  opi 
rate  as  a  waiver  of  the  appeal  or  the  right  to  a  refund; 
of  taxes  found  to  be  excessively  assessed. 

Apportionment  of  assessments   to  counties  and   taxin  i 
districts— Manner  of  collection  and  payment.    §  3635.   Afte  • 
the    said    roll    has    been    reviewed    by   the    said   board   o 
State  tax  commissioners  the  assessments  therein  shall  b  ■ 
deemed   complete.     Said  board   shall  thereupon  certify  t' 
the  county  clerks  of  the  several  counties  in,  into,  througl 
across,  or  over  which  the  lines  of  said  companies  run  o  • 
operate,  the  number  of  miles  of  main  and  branch  lines  o 
the  said  companies,  and  the  respective  values  thereof  af 
portioned  to  each  of  such  counties;  and  the  several  count; 
clerks   shall  thereupon  apportion  the   amount  certified  ti' 
their  respective  counties  among  the  cities,  towns,  schoo 
districts,  road  districts,  ports,  and  other  municipal  taxln( 
agencies  and  districts  in  proportion  to  the  length  of  such 
main   and    branch    lines    in    each   of    such    municipalities 
multiplying  the  value  per  mile  of  such  main  and  brand 
lines  as  above  ascertained  and  apportioned,  by  the  lengtl 
thereof  in  each   of  such  municipalities,  and   apportionlni 
the  result  to  such  municipalities,  and  shall  enter  the  sam< 
in  the  assessment  roll  which  has  been  made  by  the  countj 
assessor  and  equalized  by  the  county  board  of  equalizatioi 
and  returned  to  the  clerk.     Taxes  shall  be  levied  and  col 
lected  upon  the  assessments  so  made  in  the  same  manner 
as  other  taxes  are  levied  and  collected,  and  at  the  samf 
time  and  by  the  same  officers. 

County  clerks  to  require  reports  of  mileage  in  ta. 
districts.  S  3636.  Each  county  clerk  in  this  State  is  auth 
ized  to  require  and  it  is  hereby  made  the  duty  of  th( 
several  persons  or  corporations  liable  to  assessment  undei 
the  provisions  of  this  Act,  to  furnish  reports  to  the  countj 
clerk,  under  oath,  showing  the  length  of  main  and  brand) 
lines  in  each  city,  town,  school  district,  road  district,  port 
or  other  municipal  taxing  agency  or  district  in  suci 
county. 

Offlce  at  capital — May  hold  sessions  elsewhere.  §  36l._, 
The  said  board  shall  hold  its  regular  sessions  at  th* 
State  capitol  and  shall  be  furnished  by  the  secretary  of 
State  with  an  office  at  the  State  capitol  and  necessary 
supplies  and  printing  in  the  same  manner  as  other  State 
officers.     Said    board   may   hold   sessions   at   any   place   in 


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Public  Sebvioe  Laws 


1189 


this   State  when  deemed   necessary  to  facilitate  the  dis- 
charge of  its  business. 

Board  may  stiipoena  witnesses  and  examine  papers — 
Penalty  for  disobedience.  §  3650.  The  said  board,  or  any 
member  thereof,  in  conformity  to  the  resolutions  or  rules 
of  the  board,  shall  have  the  power  to  subpoena  and  examine 
witnesses,  to  administer  oaths,  and  shall  have  access  to, 
and  the  power  to  order  the  production  of  any  books  or 
papers  in  the  hands  of  any  i^ersons,  comjiany  or  corpora- 
tion, whenever  necessary  in  the  prosecution  of  any  in- 
quiries deemed  necessary  or  proper  in  their  official  ca- 
pacity. Any  person  who  shall  disobey  any  subpoena  or 
subpoena  duces  tecum  of  the  said  board,  or  any  member 
thereof,  or  refuse  to  testify  when  required  so  to  do  by  said 
board,  or  any  member  thereof,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished as  provided  by  law  therefor. 

False  or  fraudulent  statement,  perjury.  §  3651.  Any 
person  who  shall  wilfully  present  or  furnish  to  the  said 
board,  or  any  member  thereof,  any  statement  required  un- 
der this  Act,  or  which  may  be  required  by  said  board,  or 
any  member  thereof,  under  the  powers  of  this  Act  con- 
tained, which  statement  shall  be  false  or  fraudulent,  or 
shall  give  testimony  before  said  board,  or  r.ny  member 
thereof,  which  shall  be  false  or  fraudulent,  shall  be  deemed 
guilty  of  perjury,  and  upon  conviction  thereof  shall  be  pun- 
ished as  by  law  otherwise  providel  for  such  crime. 

fees  aiid  mileage  of  witnesses — Tender  in  advance  un- 
necessary. §  3653.  Witnesses  testifying  before  the  said 
board,  or  any  member  thereof,  shall  be  allowed  the  same 
fees  and  mileage  as  allowed  in  criminal  causes  in  the  Circuit 
Court,  and  the  same  shall  be  paid  by  warrant  of  the  secre- 
tary of  State  uj)on  the  State  treasurer  upon  the  certificate 
of  any  member  of  said  board;  provided,  however,  that  any 
county  or  State  officer  shall  receive  his  actual  necessary 
traveling  expenses  only.  No  tender  of  witness  fees  or 
mileage  in  advance  shall  be  necessary. 

Acceptance  by  member  of  board  of  pass  or  gratuity  a 
misdemeanor.  §  3658.  It  shall  be  unlawful  for  any  mem- 
ber of  said  bard,  directly  or  indirectly,  to  accept  any  free 
pass,  frank,  or  gratuity  whatever,  from  any  person  or  cor- 
poration liable  to  assessment  under  the  provisions  of  this 
Act.  Any  member  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  the  judgment 
of  conviction  thereof  shall  of  itself  work  a  forfeiture  of  the 
office  held  by  such  member. 

Corporations  affected  to  maintain  principal  offices  in  this 
State.  §  3659.  Every  railroad  company,  sleeping  car  com- 
pany, union  station  and  depot  company,  electric  and  street 
railway  company,  express  company,  telegraph  company,  tel- 
ephone company,  refrigerator  car  company,  oil  and  tank 
line  company,  doing  business  as  such  within  this  State,  and 
every  heat,  light,  power,  water,  gas  or  electric  company  do- 
ing business  as  such,  as  one  system,  partly  within  this 
State  and  partly  without,  or  so  doing  business  in  more  than 
one  county  of  the  State,  shall  establish  and  maintain  at 
some  fixed  point  within  the  State,  a  principal  office,  and 
shall  maintain  thereat  a  secretary  or  managing  agent. 

Terms  "persons,"  "company,"  "corporation,"  associa- 
tion," defined.  §  3660.  The  terms  "persons,"  "company," 
"corporation,"  or  "association,"  whenever  used  in  this  Act, 
shall  apply  to  and  be  construed  to  refer  to  any  person, 
firm,  joint  stock  company,  association,  syndicate,  co-part- 
nership or  corporation  engaged  in  or  carrying  on  any  busi- 
ness, the  property  of  which  is  subject  to  taxation  under 
this  Act. 

OP  THE  PUBLIC  LANDS  OF  THE  STATE. 

OF   RIGHTS   OF   WAY   OVER   STATE   LANDS. 

Right  of  way  for  railroad  over  State  lands,  bridges  over 
navigable  tvaters.  §  3938.  There  is  hereby  granted  to  any 
and  all  railways  hereafter  to  be  built  within  the  bounda- 
ries of  the  State,  to  the  companies  or  corporations  con- 
structing the  same,  to  their  successors  and  assigns,  a  right 
of  way  through  any  and  all  unimproved  lands  belonging  to 
the  State  of  Oregon,  of  the  width  of  100  feet,  being  50  feet 
in  width  on  each  side  of  the  center  line  of  said  road  or 
roads  when  located  and  staked  out,  through  or  over  any 
lands  of  the  State,  and  also  all  the  necessary  grounds  for 
stations,  depots,  shops,  sidetracks,  turntables  and  water 
stations,  not  exceeding  10  acres  in  any  one  place,  upon  pay- 
ment to  the  State  of  such  sum  therefor  as  is  or  shall  be 


fixed  by  the  State  land  board  in  the  sale  of  similarly  situ- 
ated lands,  and  also  the  right  to  take  from  the  lands  of  this 
State  adjacent  to  the  lines  of  said  routes  of  the  said  road, 
timber,  earth,  stone,  water  and  other  material  necessary 
for  the  construction  of  said  roads;  also  the  right  to  con- 
struct and  maintain  railroad  bridges  over  any  and  all 
streams,  rivers,  bays,  inlets  or  other  navigable  waters  in 
this  State;  provided,  that  all  such  bridges  crossing  navi- 
gable waters  shall  be  subject  to  such  regulations,  restric- 
tions and  compensation  as  may  be  fixed  by  the  State  land 
board;  provided,  further,  that  said  bridges  shall  be  so 
constructed  as  not  to  unnecessarily  interfere  with  the 
navigation  of  any  such  streams,  rivers,  bays,  inlets  or  other 
navigable  waters. 

Maps  of  location  and  depot  sites  to  be  filed.  §  3939. 
Whenever  said  company  or  companies,  their  successors  or 
assigns,  shall  file  with  the  board  of  school  land  commis- 
sioners a  map  or  maps  of  the  definite  location  of  its  or  their 
lines  of  road  through  any  lands  of  this  State,  it  shall  be  the 
duty  of  said  board  to  cause  the  said  located  line  to  be 
traced  upon  the  maps  of  the  State  in  use  by  the  said  board, 
and  thereafter  in  all  conveyances  of  lands  to  except  from 
sale  said  right  of  way  and  lands  for  depot  stations  and  other 
purposes  as  are  herein  named;  and  whenever  said  com- 
pany or  companies  shall  have  selected  a  tract  or  tracts  of 
lands  belonging  to  said  State,  for  stations,  depots,  or  other 
purposes  herein  mentioned,  and  shall  file  with  the  board  a 
map  of  the  same,  with  a  description  of  the  same  connected 
with  the  public  surveys  of  the  United  States,  said  tract  or 
tracts  of  State  lands  shall  also  be  designated  upon  said 
maps  in  use  by  the  said  board,  and  it  shall  be  the  duty  of 
the  board  thereupon  to  execute  and  deliver  to  said  com- 
pany, its  successors  or  assigns,  deeds  for  said  tracts  of 
lands  so  selected,  upon  payment  therefor  at  the  rate  of  $1 
per  acre  and  upon  the  completion  of  the  construction  of  a 
railroad  through  said  lands. 

Copy  of  notes  of  survey  of  ditches,  etc..  to  be  filed. 
§  3941.  It  shall  be  the  duty  of  said  railroad  corporation, 
water  company,  or  individuals  constructing  said  railroads, 
water  ditches  or  water  pipes  to  file  a  copy  of  the  field  notes 
of  the  survey  of  such  railroads,  ditches  or  water  pipes  with 
the  secretary  of  State  of  the  State  of  Oregon,  showing  the 
location  of  said  railroads,  water  ditch  or  water  pipe. 

State  patents  subject  to  vested  water  ditch  and  pipe  line 
rights.  §  3942.  All  patents  hereafter  granted  by  the  State 
of  Oregon  for  any  of  the  class  of  lands  heretofore  men- 
tioned shall  be  made  subject  to  any  vested  rights  of  the 
owners  of  such  railroads,  water  ditches  or  water  pipes  as 
may  have  been  acquired  under  the  preceding  sections. 

OP  THE  PUBLIC  HEALTH. 

OF  QUARANTINE. 

Quarantine  by  board  of  health.  §  4714.  The  State  board 
of  health  or  the  board  of  health  of  any  incorporated  city  or 
village  in  time  of  epidemic  or  threatened  epidemic,  or  when 
any  dangerous  communicable  disease  is  unusually  preva- 
lent, may,  after  a  personal  investigation  by  the  members 
or  member  or  the  executive  officer  of  such  board  to  estab- 
lish the  facts  in  the  case,  and  not  otherwise,  impose  a  quar- 
antine on  vessels,  railroads,  stages  or  any  other'  public  or 
private  vehicle  or  vehicles  conveying  persons,  baggage  or 
freight,  or  used  for  such  purpose,  and  may  make  and  en- 
force such  rules  and  regulations  as  such  board  may  deem 
wise  and  necessary  for  protection  of  the  health  of  the  peo- 
ple of  the  community  or  State;  provided,  however,  that  the 
running  of  any  train  or  any  cars  on  any  steam  or  electric 
railroad,  or  of  steamboats,  vessels,  or  other  public  convey- 
ance shall  not  be  prohibited. 

Carriers  to  submit  to  quarantine  regulations.  §  4722. 
Whenever  quarantine  is  declared,  all  railroads,  steamboats, 
or  other  common  carriers,  and  the  owners,  consignees,  or 
the  assignees  of  any  railroad,  steamboat,  stage  or  other 
vehicle  used  for  the  transportation  of  passengers,  baggage 
or  freight,  shall  submit  to  any  rules  or  regulations  imposed 
by  the  board  of  health  or  health  officer;  they  shall  submit 
to  any  examinations  required  by  the  health  authorities  re- 
specting any  circumstances  or  event  touching  the  health 
of  the  crew,  operatives,  or  passengers,  and  the  sanitary 
condition  of  the  baggage  or  freight;  and  any  owner,  con- 
signee, or  assignee,  or  other  person  interested  as  afore- 
said, who  makes  any  unfounded  statement  or  declaration 
respecting  the  points  under  examination,  shall,  upon  con- 
viction thereof  before  any  court  or  justice  of  the  peace 


1190 


National  Association  of  Railway  Commissioners 


having  jurisdiction,  be  subjected  to  the  penalties  herein 
provided  for  the  violation  of  the  requirements  of  this  Act 
and  the  orders  of  the  State,  county  or  municipal  boards  of 
health. 

State  ioard  of  health  may  inspect  conveyances  entering 
State.  §  4725.  Whenever  there  shall  exist  in  the  opinion 
of  the  State  board  of  health,  imminent  danger  of  the  intro- 
duction of  contagious  or  infectious  disease  into  the  State  of 
Oregon,  by  means  of  railroad,  steamboat,  or  other  com- 
munication with  other  states,  the  said  State  board  are  au- 
thorized, and  it  is  hereby  made  their  duty  to  make,  through 
their  executive  officer  or  some  member  of  the  board,  or  ac- 
credited inspector  or  agent,  an  inspection  of  all  railroad 
cars,  steamboats  or  other  conveyances  coming  into  the 
State,  at  such  points  or  between  such  points  within  the 
State  limits  as  may  be  selected  for  this  purpose. 

Inspection,  how  made.  §  4726.  Such  inspection  shall  be 
made,  where  practical,  during  the  ordinary  detention  of  a 
train  at  a  station,  or  while  in  transit  between  stations,  or 
if  a  steamboat  while  In  port,  and  in  all  cases  shall  be  so 
conducted  as  to  occasion  the  least  possible  detention  or  in- 
terruption of  travel  or  inconvenience  to  the  railroad  com- 
panies, or  steamship  companies,  so  far  as  consistent  with 
the  purposes  of  this  Act. 

Procedure  on  discovery  of  disease.  §  4727.  Should  the 
discovery  be  made  of  the  existence  among  the  passengers 
of  any  case  or  cases  of  dangerous,  contagious  or  infectious 
disease,  the  said  board  of  health,  or  their  agent  or  in- 
spector, under  rules  and  conditions  prescribed  by  the 
State  board  of  health,  as  being  applicable  to  the  nature  of 
the  disease,  shall  have  power  to  cause  the  sidetracking  or 
detention  of  any  car  or  cars  so  infected,  or  if  a  steamboat, 
detain  in  port,  to  isolate  the  sick  or  remove  them  to  a  suit- 
able place  for  treatment,  to  establish  a  suitable  station, 
to  cause  the  passengers  and  material  In  such  infected 
car  or  steamboat  to  be  subjected  to  disinfection  and 
cleansing  before  proceeding  further  into  the  State,  and 
in  case  of  smallpox  or  diphtheria,  to  offer  free  vaccination 
or  free  immunization,  as  the  case  may  be,  to  all  persons 
exposed  in  any  car  or  at  any  station  or  port.  Should  any 
question  arise  as  to  the  existence  of  any  emergency  the 
State  board  of  health  shall  have  final  jurisdiction. 

Penalty  for  violation  of  Act  or  of  regulations  of  health 
board.  §  4728.  Any  person  or  persons  failing  to  observe 
the  provisions,  together  with  the  rules  and  regulations  es- 
tablished by  this  Act  as  hereinbefore  set  forth,  or  failing 
to  comply  with  any  orders  of  the  health  board  named 
herein,  given  for  the  purpose  of  enforcing  said  rules,  reg- 
ulations and  provisons,  shall  upon  conviction  thereof  be 
required  to  pay  a  fine  of  not  more  than  $500  at  the  discre- 
tion of  the  court. 

OF  THE  DAIRY  AND  POOD  COMMISSIONER  AND  HIS 
DEPUTIES. 

Transportation  companies  to  give  dairy  and  food  com- 
missioner or  deputy  information  as  to  shipper  or  consignee. 
§  4876.  Every  railroad  company  or  transportation  com- 
pany in  this  State,  upon  application  of  the  dairy  and  food 
commissioner  tor]  his  authorized  agent,  shall  give  the 
name  and  address  of  any  shipper  or  consignee  of  any  sup- 
posed diseased  or  unwholesome  meats  or  food  of  any  kind. 

Authority  of  commissioner  in  inspection,  etc.  §  4878. 
The  said  commissioner  or  his  deputies,  and  such  experts 
and  chemists  as  said  commissioner  shall  duly  authorize  for 
the  purpose,  shall  have  access  to,  egress  and  ingress  to  all 
places  of  business,  factories,  stores,  farm  buildings,  car- 
riages, cars,  vessels,  and  implements  used  in  the  manu- 
facture, production,  or  sale  of  any  foods  or  drinks;  and 
they  shall  also  have  the  power  and  authority  to  open  any 
package,  case,  or  vessel  containing  such  articles  which  may 
be  manufactured,  kept,  exposed,  or  offered  for  sale,  or 
sold,  and  any  manufacturer,  dealer,  hotel  or  restaurant 
keeper  shall  deliver  to  the  commissioner  or  his  deputy  any 
sample  of  food  or  drinks  for  analyzing  or  testing  upon  a 
tender  of  the  price  thereof  in  money. 

Authority  of  commissioner  in  inspection  and  examina- 
tion. §  4908.  The  said  commissioner,  or  his  deputies,  and 
such  experts  and  chemists  as  said  commissioner  or  his 
deputies  shall  duly  authorize  for  the  purpose,  shall  have 
access  to,  egress  and  Ingress  to  all  places  of  business,  fac- 
tories, dairies,  buildings,  carriages,  cars,  vessels,  and  im- 
plements used  in  the  manufacture,  production  or  sale  of 
any  foods  or  drinks;  and  they  shall  also  have  the  power 


and  authority  to  open  any  package,  case  or  vessel  con- 
taining such  article  which  may  be  manufactured,  kept,  eX' 
posed  or  offered  for  sale  or  sold;  and  any  manufacturer, 
dealer,  hotel  or  restaurant  keeper  shall  deliver  to  the  com- 
missioner or  his  deputy  any  sample  of  food  or  drink,  for 
analysis  or  testing,  upon  a  tender  of  the  price  thereof  in 
money. 


OF  POLICE  AND  COMMERCIAL  REGULATIONS,,.! 
ACTS  OF  1909.  f 

OF  THE  PROTECTION  OF  RAILWAY  EMPLOYES 


I 


Liability  of  railroad  companies  for  injuries  to  employes 
cannot  be  waived  by  contract.  §  6946.  Every  corporation 
operating  a  railroad  in  this  State,  whether  such  corporation 
be  created  under  the  laws  of  this  State,  or  otherwise,  shall 
be  liable  in  damages  for  any  and  all  injury  sustained  by 
any  employe  of  such  corporation  as  follows:  When  such 
Injury  results  from  the  wrongful  act,  neglect,,  or  default  of 
an  agent  or  officer  of  such  corporation,  superior  to  the  em- 
ploye injured,  or  of  a  person  employed  by  such  corporation 
having  the  right  to  control  or  direct  the  services  of  such 
employe  injured,  or  the  services  of  the  employe  by  whdrn 
he  is  injured;  and  also  when  such  injury  results  from  the 
wrongful  act,  neglect,  or  default  of  a  co-employe  engaged 
in  another  department  of  labor  from  that  of  the  employe 
injured,  or  of  a  co-employe  on  another  train  of  cars,  or 
of  a  co-employe  who  has  charge  of  any  switch,  sigial 
point,  or  locomotive  engine,  or  who  is  charged  with  dis- 
patching trains  or  transmitting  telegraphic  or  telephoi  ic 
orders.  Knowledge  by  an  employe  injured  of  the  defective 
or  unsafe  character  or  condition  of  any  machinery,  wa;  s, 
appliances,  or  structures  of  such  corporation  shall  not  of 
itself  be  a  bar  to  recovery  for  any  injury  or  death  caus  id 
thereby.  When  death,  whether  instantaneous,  or  otherwi;  e, 
results  from  an  injury  to  any  employe  of  such  corporation 
received  as  aforesaid,  the  personal  representative  of  su  h 
employe  shall  have  a  right  of  action  therefor  against  su  h 
corporation,  and  may  recover  damages  in  respect  there(  f. 
Any  contract  or  agreement,  express  or  implied,  made  ^y 
any  such  employe  to  waive  the  benefit  of  this  section,  ir 
any  part  thereof,  shall  be  null  and  void,  and  this  sectii  n 
shall  not  be  construed  to  deprive  any  such  employe,  or  1:  is 
personal  representative,  of  any  right  or  remedy  to  whl  h 
he  is  now  entitled  under  the  laws  of  this  State. 

Otherwise  law  of  contributory  negligence  applies.  §  69<  7. 
The  rules  and  principles  of  law  as  to  contributory  neg  i- 
gence  which  apply  to  other  cases  shall  apply  to  cases  ar  s- 
ing  under  this  Act,  except  in  so  far  as  the  same  are  here  u 
modified  or  changed.  j.  ^ 

HOURS  OF  SERVICE,  ACTS  OP  1911.  "  " 

Hours  of  service.  Act  to  whom  applicable — Terms  "ra  I- 
road"  and  "employes"  defined.  §  1.  The  provisions  of  tt  is 
Act  shall  apply  to  any  common  carrier  or  carriers,  th<  ir 
officers,  agents,  and  employes,  engaged  in  the  transporta- 
tion of  passengers  or  property  by  railroad  wholly  with  n 
the  State  of  Oregon.  The  term  "railroad"  as  used  in  tt  is 
Act  shall  include  all  bridges  and  ferries  used  or  operat  '.d 
in  connection  with  any  railroad,  and  also  all  the  road  n 
use  by  any  common  carrier  operating  a  railroad,  wheth  !r 
owned  or  operated  under  a  contract,  agreement  or  leas;; 
and  the  term  "employes"  as  used  in  this  Act  shall  be  held 
to  mean  persons  actually  engaged  in  or  connected  with  t  le 
movement  of  any  train. 

Unlawful,  except  in  certain  cases,  for  carrier  to  requic 
or  permit  more  than  specified  period  of  labor.  §  2.  It  sh;  11 
be  unlawful  for  any  common  carrier,  its  officers  or  agen  s, 
subject  to  this  Act  to  require  or  permit  any  employe  svb- 
ject  to  this  Act  to  be  or  remain  on  duty  for  a  longer  peri  )d 
than  fourteen  consecutive  hours,  and  whenever  any  su  "h 
employe  of  such  common  carrier  shall  have  been  continu- 
ously on  duty  for  fourteen  hours,  he  shall  be  relieved  and 
not  required  or  permitted  again  to  go  on  duty  until  he  has 
had  at  least  10  consecutive  hours  off  duty;  and  no  su^h 
employe  who  has  been  on  duty  14  hours  in  the  aggregate 
in  any  24-hour  period,  shall  be  required  or  permitted  to 
continue  or  again  go  on  duty  without  having  had  at  lesst 
eight  consecutive  hours  off  duty;  provided,  that  no  opera- 
tor, train  dispatcher,  or  other  employe  who  by  the  use  of 
the  telegraph  or  telephone  dispatches,  reports,  transmits, 
receives  or  delivers  orders  pertaining  to  or  affecting  train 
movements  shall  be  required  or  permitted  to  be  or  remain 


Public  Seiivice  Laws 


1191 


on  duty  for  a  longer  period  than  nine  hours  in  any  24-hour 
period  in  any  towers,  offices,  places,  and  stations  operated 
only  during  the  day-time,  except  in  case  of  emergency, 
when  the  employes  named  in  this  proviso  may  be  permitted 
to  be  and  remain  on  duty  for  four  additional  hours  in  a 
24-hour  period  on  not  exceeding  three  days  in  any  week. 

Penalty  for  violation  of  preceding  section  —  Carrier 
deevied  to  have  knowledge  of  acts  of  agents — Proviso.  §  3. 
Any  such  common  carrier,  or  any  officer  or  agent  thereof, 
requiring  or  permitting  any  employe  to  go,  be,  or  remain 
on  duty  in  violation  of  the  preceding  section,  shall  be 
liable  to  a  penalty  of  not  to  exceed  five  hundred  dollars  for 
each  and  every  violation,  to  be  recovered  in  a  suit  or  suits 
to  be  brought  by  the  attorney-general  or  the  district  attor- 
ney In  the  district  where  such  violation  shall  have  been 
committed;  and  It  shall  be  the  duty  of  such  attorney-gen- 
eral or  district  attorney  to  bring  such  suits  upon  satis- 
factory information  being  lodged  with  him;  but  no  such 
suit  shall  be  brought  after  the  expiration  of  one  year  from 
the  date  of  such  violation;  and  it  shall  also  be  the  duty 
of  the  Railroad  Commission  of  Oregon  to  lodge  with  the 
attorney-general  or  proper  district  attorneys  information  of 
any  such  violations  as  may  come  to  its  knowledge.  In  all 
prosecutions  under  this  Act  the  common  carrier  shall  be 
deemed  to  have  had  knowledge  of  all  acts  of  all  its  officers 
and  agents;  provided,  that  the  provisions  of  this  Act  shall 
not  apply  in  any  case  of  casualty  or  unavoidable  accident 
or  the  act  of  God;  nor  where  the  delay  was  the  result  of  a 
cause  not  known  to  the  carrier  or  its  officer  or  agent  in 
charge  of  such  employe  at  the  time  said  employe  left  a 
terminal,  and  which  could  not  have  been  foreseen;  pro- 
vided further,  that  the  provisions  of  this  Act  shall  not 
apply  to  the  crews  of  wrecking  or  relief  trains. 

Duty  and  powers  of  railroad  commission  under  Act. 
§  4.  It  shall  be  the  duty  of  the  railroad  commission  to  exe- 
cute and  enforce  the  provisions  of  this  Act,  and  all  powers 
granted  to  the  railroad  commission  are  hereby  extended  to 
It  in  the  execution  of  this  Act. 

SHELTER  FOR  CAR  REPAIRERS,  ACTS  OF  1911. 

Railroads  to  provide  shelter  for  car  repairers.  §  1.  It 
shall  be  unlawful  for  any  railroad  company,  corporation, 
association  or  other  person  owning,  controlling  or  operating 
any  line  of  railroad  in  the  State  of  Oregon,  to  build,  con- 
struct, or  repair  railroad  car  equipment  in  the  State  with- 
out first  erecting  and  maintaining  at  every  division 
terminal  or  other  point  where  five  men  or  more,  not  in- 
cluding car  inspectors,  are  regularly  employed  on  such 
repair  work,  a  shed  over  a  sufficient  portion  of  the  tracks 
used  for  such  repair  work,  so  as  to  provide  that  all  men 
regularly  employed  in  the  construction  and  repair  of  cars, 
trucks,  or  other  railroad  car  equipment,  shall  be  sheltered 
and  protected  from  rain  and  other  inclement  weather; 
provided,  however,  that  the  provisions  of  this  Act  shall 
not  apply  at  points  where  less  than  five  men  are  regularly 
employed  in  the  repair  service,  nor  at  points  where  it  is 
necessary  to  make  light  repairs  only  on  cars,  nor  to  cars 
loaded  with  time  or  perishable  freight,  nor  to  cars  when 
trains  are  being  held  for  the  movement  of  cars. 

Penalty  for  violation  of  preceding  section.  §  2.  Any 
railroad  company  or  officer  or  agent  thereof,  or  any  other 
person,  who  shall  violate  the  provisions  of  this  Act,  by 
failing  or  refusing  to  comply  with  its  provisions,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  fined  in  any  sum  not  less  than  $50  nor  more  than  $100, 
and  each  day's  failure  or  refusal  to  comply  with  the  pro- 
visions of  this  Act  shall  be  considered  a  separate  offense. 

Persons  or  corporations  affected  to  have  until  Novem- 
ber 1,  1911,  to  comply  thereioiih.  §  3.  All  persons  or  cor- 
porations affected  by  this  Act  shall  have  until  November 
1,  1911,  within  which  to  comply  with  the  provisions  hereof. 

FROGS  AND  GUARD-RAILS,  ACTS  OF  1911. 

Frogs,  switches  and  guard-rails  to  'be  blocked — Flagmen 

to  read,  tcrite  and  speak  English  and  be  21  years  old.     %  1. 

Every  person  or  corporation  owning  or  operating  a  railroad 

In  this  State,  shall  be  and  is  hereby  required  on  or  before 

the   first   day   of  July,   1912,   to  so  adjust,   fill,   block   and 

securely  guard  the  frogs,  switches  and  guard-rails  of  their 

1  roads  as  to  protect  and  prevent  the  feet  of  employes  and 

i  other  persons  from   being  caught  therein.     No  person   or 

i  corporation   owning    or   operating   a   railroad   within   this 

State  shall  employ  or  use  as  a  flagman  on  or  in  connection 


with  the  operation  of  any  passenger  train  any  person  who 
cannot  read  and  write  and  speak  the  English  language,  or 
any  person  who  is  less  than  21  years  of  age. 

Railroad  liable  for  damages  caused  from  failure  to  com- 
ply with  Act.  §  2.  Any  person  or  corporation  owning  or 
operating  a  railroad  in  this  State  shall  be  liable  for  any 
damage  caused  from  a  failure  to  comply  with  the  pro- 
visions of  this  Act. 

Penalty  for  violation  of  Act.  §  3.  Any  person  or  corpo- 
ration owning  or  operating  any  railroad  in  this  State, 
failing  to  comply  with  the  provisions  of  this  Act  within 
the  time  limited,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  in  any  sum  not 
less  than  $500  nor  more  than  $2,000. 

DISCHARGE    OF   BONDED    EMPLOYE,    ACTS    OF    1911 

Bonded  employe  of  railroad,  etc.,  to  be  furnished  with 
copy  of  charges,  when  discharged.  §  1.  In  case  of  any 
dispute  or  disagreement  between  any  bonded  employe,  or 
employes,  of  any  railroad,  as  the  word  "railroad"  is  defined 
in  §  11  of  chapter  53  of  the  General  Laws  of  Oregon  for  the 
year  1907,  which  dispute  shall  result  in  the  discharge  or 
termination  of  the  services  of  said  bonded  employe,  or 
employes,  it  shall  be  the  duty  of  the  said  railroad  to  fur- 
nish to  such  bonded  employe,  or  employes,  so  discharged, 
upon  request,  a  copy  of  the  charges  filed  against  said  em- 
ploye, or  employes,  as  a  result  of  which  the  services  of 
said  employe,  or  employes,  shall  have  been  discontinued; 
provided,  however,  that  if  no  written  charges  have  been 
filed  against  such  employe,  or  employes,  as  a  result  of 
which  their  services  shall  have  been  terminated,  it  shall  be 
the  duty  of  said  railroad  to  furnish  the  employe,  or  em- 
ployes, so  discharged,  with  a  written  statement  of  the  rea- 
sons for  the  discharge  of  said  employe,  or  employes,  within 
five  days  from  the  date  of  the  termination  of  the  services 
of  said  employe,  or  employes. 

Hearing  before  railroad  commission  to  determine  cause 
of  discharge.  §  2.  Should  the  said  railroad  fail  to  furnish 
to  said  bonded  employe,  or  employes  a  copy  of  the  charges 
filed  against  said  employe,  or  employes,  or  fail  to  furnish 
in  writing  to  said  employe,  or  employes,  a  written  state- 
ment of  the  charges  against  him,  giving  the  reasons  for 
his,  or  their,  discharge,  within  five  days  from  the  date  of 
the  termination  of  said  services,  then  and  in  that  event 
the  said  employe,  or  employes,  shall  have  the  right  to  com- 
plain thereof  to  the  Railroad  Commission  of  the  State  of 
Oregon,  for  the  purpose  of  determining  the  reasons  for 
said  discharge,  and  in  case  said  bonded  employe  or  em- 
ployes are  charged  with  any  offense  Involving  moral  turpi- 
tude upon  complaint  being  made  by  any  bonded  employe, 
or  employes,  as  aforesaid,  that  the  cause  of  discharge  of 
said  employe,  or  employes,  was  untrue,  the  commission 
shall  notify  the  railroad  complained  of  that  complaint  has 
been  made,  and  10  days  after  such  complaint  has  been 
made,  the  railroad  commission  shall  proceed  to  investi- 
gate the  same;  providing,  however,  that  before  proceeding 
to  make  such  investigation,  the  commission  shall  give  the 
railroad  and  the  complainant,  or  complainants,  10  days' 
notice  of  the  time  and  place  when  and  where  such  com- 
plaint will  be  considered  and  determined,  and  said  parties 
shall  be  entitled  to  be  heard,  and  shall  have  process  to  en- 
force attendance  of  witnesses,  and  to  compel  the  said  rail- 
road to  present  before  the  commission  at  the  time  and  place 
of  said  hearing  all  the  documentary  evidence  in  the  pos- 
session of  said  railroad  bearing  upon  the  complaint  filed 
against  it,  and  if  upon  such  investigation  and  hearing  it 
shall  appear  to  the  commission  that  the  charge  against  said 
employe,  or  employes,  was  untrue,  the  commission  shall 
make  a  finding  of  fact  to  that  effect  recommending  the  re- 
instatement of  said  employe  or  employes,  and  furnish  a 
copy  thereof  to  the  complainant. 

Powers  of  railroad  commissioners  for  purposes  of  Act. 
§  3.  The  railroad  commissioners  for  the  purpose  mentioned 
in  this  Act  shall  have  the  power:  (a)  To  administer 
oaths;  (b)  to  certify  to  official  acts;  (c)  issue  subpoenas 
to  compel  the  attendance  of  witnesses;  (d)  to  provide  for 
the  production  of  papers,  contracts,  books,  accounts,  docu- 
ments and  testimony;  (e)  to  provide  for  the  disobedience 
on  the  part  of  any  person,  or  persons,  to  comply  with  the 
orders  of  the  commission,  or  any  commissioner,  in  respect 
thereto,  or  any  refusal  of  any  witness  to  testily  to  any 
matter  regarding  which  he  may  be  lawfully  interrogated; 
(f)  to  provide  for  the  fees  and  mileage  of  witnesses;    (g) 


1192 


National  Association  of  Bailwat  Commissioners 


to  punish  said  witness,  or  witnesses  for  the  disobedience 
of  any  subpoena  issued  by  the  commission  upon  any  hear- 
ing held  in  accordance  with  this  Act;  and  (h)  generally 
to  provide  for  the  taking  of  testimony,  and  for  the  record- 
ing of  the  proceedings  held  before  said  railroad  commission 
In  accordance  with  the  provisions  of  this  Act. 

A  ttendance  of  witnesses  before  commission  compelled  6k 
Circuit  Court.  §  4.  It  shall  be  the  duty  of  the  Circuit  Court 
of  any  county  of  the  State,  or  the  judge  thereof,  on  appli- 
cation of  the  railroad  commission,  or  of  any  commissioner, 
to  compel  the  attendance  of  witnesses  before  the  railroad 
commission  in  hearings  In  accordance  with  this  Act,  by 
attachment  proceeding,  or  contempt,  as  in  the  case  of  the 
dlsabedience  of  the  requirements  of  a  subpoena  issued  from 
said  court  or  a  refusal  to  testify  therein. 

Penalty  for  neglect  or  refusal  to  appear  and  testify. 
§  5.  Any  person,  or  persons,  who  shall  neglect  or  refuse 
to  attend  before  the  railroad  commission  in  accordance  with 
this  Act,  and  testify  or  to  answer  any  legal  inquiry;  or  to 
produce  books,  papers,  contracts,  accounts,  or  documents 
within  his  power  to  do  so,  in  obedience  to  the  subpoena  or 
lawful  requirements  of  the  railroad  commission  as  herein 
provided  for,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  by  a  court  of  competent  jurisdiction, 
shall  be  punished  by  a  fine  of  not  less  than  |100  nor  more 
than  ?1,000,  or  by  imprisonment  in  the  county  jail  of  not 
more  than  one  year,  or  by  both  said  fine  and  imprisonment. 

OP  THE  EMPLOYMENT  OP  WOMEN. 

Hours  of  employment  of  icomen.  §  5037.  No  female 
shall  be  employed  in  any  manufacturing,  mechanical  or 
mercantile  establishment,  laundry,  hotel  or  restaurant,  or 
telegraph  or  telephone  establishment  or  office,  or  by  any  ex- 
press or  transportation  company  in  this  State  more  than 
10  hours  during  any  one  day  or  more  than  60  hours  in  one 
week.  The  hours  of  work  may  be  so  arranged  as  to  permit 
the  employment  of  females  at  any  time  so  that  they  shall 
not  work  more  than  10  hours  during  the  24  hours  of  one 
day,  or  60  hours  during  any  one  week. 

Employers  to  furnish  seats.  §  5038.  Every  employer  in 
any  manufacturing,  mechanical,  or  mercantile  establish- 
ment, laundry,  hotel  or  restaurant,  or  other  establishment 
employing  any  female,  shall  provide  suitable  seats  for  all 
female  employes,  and  shall  permit  them  to  use  such  seats 
when  they  are  not  engaged  in  the  active  duties  of  their 
employment. 

Penalty  for  violations  by  employers.  §  5039.  Any  em- 
ploj'er  who  shall  require  any  female  to  work  in  any  of  the 
places  mentioned  in  §  5037  more  than  the  number  of  hours 
provided  for  in  this  Act  during  any  day  of  24  hours,  or 
who  shall  fail,  neglect,  or  refuse  to  so  arrange  the  work  of 
females  in  his  employ  so  that  they  shall  not  work  more 
than  the  number  of  hours  provided  for  in  this  Act  during 
any  day  of  24  hours,  or  who  shall  fail,  neglect,  or  refuse 
to  provide  suitable  seats,  as  provided  in  §  5038,  or  who 
shall  permit  or  suffer  any  overseer,  superintendent,  or 
other  agent  of  any  such  employer  to  violate  any  of  the 
provisions  of  this  Act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  for  each  offense 
not  less  than  $25  nor  more  than  flOO. 

OP  THE  REGULATION  AND  PROTECTION  OP  DIVERS 
INDUSTRIES. 

OF    FISHERIES, 
(a)    THE  PROTECTION  OP  SALMON. 

Sale  or  transportation  of  fish  taken  from.  Rogue  river. 
§  5242.  It  shall  be  unlawful  for  any  one  to  sell  or  offer 
for  sale,  barter  or  exchange,  or  have  in  possession  for 
the  purpose  of  sale,  barter  or  exchange,  or  to  ship  or 
cause  to  be  carried  or  transported  beyond  the  bounda- 
ries of  Josephine  or  Jackson  counties  for  sale,  barter 
or  exchange,  any  salmon  fish  or  steelheads  caught  or 
taken  from  the  waters  of  Rogue  River  or  its  tributaries, 
or  from  the  Illinois  River  or  its  tributaries  above  their 
confluence,  with  rod  and  line,  or  otherwise,  from  Feb- 
ruary 15  to  April  15,  and  from  August  1  to  November 
15  of  any  year. 

Penalty.  §  5243.  Any  person,  firm  or  corporation  vio- 
lating any  of  the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  $50  nor  more 
than  $200,  and  costs  of  the  action,  or  by  imprisonment 


in  the  county  jail  not  less  than  25  days  nor  more  than 
100  days.  In  all  actions  for  violations  of  the  provisions 
of  this  Act,  one-third  shall  be  paid  to  the  informer  or 
prosecuting  witness;  provided,  such  informer  or  prose- 
cuting witness  is  not  a  regularly  salaried  fish  warden, 
the  remaining  two-thirds  or  all,  as  the  case  may  be, 
shall  be  paid  to  the  master  fish  warden,  and  by  him 
deposited  with  the  State  treasurer,  to  be  placed  in  the 
hatchery  fund  for  the  district  in  which  said  fine  was 
imposed. 

(d)    POSSESSION    OF    FISH    DURING    CLOSED    SEASON    PROHIBITED. 

Possession  for  sale  or  transportation  of  fish  caught  dur- 
ing closed  season  unlawful — Presumption  from  possession. 
§  5287.  It  shall  be  unlawful  for  any  person  or  persons  to 
receive,  or  have  in  his  or  their  possession,  or  sell,  or 
offer  for  sale  or  transportation,  or  transport,  during  the 
closed  season  named  in  this  Act,  any  chinook,  steelhead. 
blueback,  silverside  or  other  species  of  salmon,  caught 
or  taken  during  any  of  the  close  seasons  named  in  this 
Act;  and  in  all  prosecutions  under  this  section  the 
possession  by  any  person  during  the  close  season  named 
in  this  Act  of  any  chinook,  steelhead,  blueback,  silver- 
side  or  other  species  of  salmon  shall  be  construed  is 
prima  facie  evidence  that  the  same  were  unlawfully 
caught  during  the  close  season. 

Penalty  for  violating  provisions  of  Act — Reward  of  i-.u 
former.  §  5323.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  Act  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  te 
punished  by  a  fine  of  not  less  than  $50  nor  more  than 
$1,000,  and  the  costs  of  the  action,  or  by  imprisonmei  t 
in  the  county  jail  not  less  than  25  days  nor  more  than 
one  year,  or  by  both  such  fine  and  imprisonment;  pro- 
vided, in  case  of  fine  only  that  he  be  imprisoned  in  the 
county  jail  until  such  fine  and  costs  of  action  be  paid, 
he  shall  be  credited  on  such  fine  and  costs  the  sum  i  f 
$2  for  each  day  of  imprisonment.  In  all  actions  fc  r 
violations  of  the  provisions  of  this  Act  one-third  of  tte 
moneys  collected  as  fines  shall  be  paid  to  the  distrl(  t 
attorney,  or  his  deputies,  who  conducts  the  action;  on-- 
third  shall  be  paid  to  the  informer  or  prosecuting  wi  - 
ness;  provided,  such  informer  or  prosecuting  witness  3 
not  a  regularly  appointed  and  salaried  fish  warden,  c  r 
salaried  deputy  warden;  the  remaining  one-third  cr 
two-thirds  or  all,  as  the  case  may  be,  shall  be  paid  1 1 
the  master  fish  warden  and  by  him  deposited  with  the 
State  treasurer,  to  be  placed  in  the  "hatchery  fund  ' 
for  the  district  in  which   said   fine   was  imposed. 


(i)    OF  STURGEON  FISHING. 


a 


Young  sturgeon,  unlawful  to  take  in  Columbia  Rivef 
Transportation  forbidden — Penalties.  §  5234.  It  shall  \ 
unlawful  at  any  time  to  take  or  kill  any  young  sturgeoa" 
under  4  feet  in  length,  or  fish  for  the  same  with  any- 
device  or  appliance  whatever  in  the  waters  of  the  State 
of  Oregon,  or  in  the  waters  of  the  Columbia  River  <r 
its  tributaries.  *  *  *  Any  person  or  persons,  firm  (r 
corporation,  violating  any  of  the  provisions  of  th  s 
section,  or  receiving  or  having  in  his  or  their  possession 
for  consumption,  sale  or  transportation  or  sells  <  r 
offers  for  sale  or  for  transportation,  or  transports  young 
sturgeon  under  4  feet  in  length  shall  be  deemed  guilty  ^ 
of  a  misdemeanor  and,  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  $20  and  net  moie 
than  $1,000,  and  costs  of  the  action,  or  by  imprisonmei  t 
in  the  county  jail  not  less  than  10  days  nor  more  than 
one  year,  or  by  both  such  fine  and  imprisonment;  pro- 
vided, in  case  of  fine  only,  that  he  be  imprisoned  in 
the  county  jail  until  such  fine  be  paid,  and  he  shall  lo 
credited  on  such  fine  the  sum  of  $2  for  each  day  in- 
prisoned.  All  moneys  collected  as  fines  shall  be  diJ- 
posed  of  as  follows:  One-third  shall  be  paid  to  tte 
prosecuting  witness  other  than  the  master  fish  warden 
or  the  deputy  fish  warden;  the  remaining  two-thirds  or 
all,  as  the  case  may  be,  shall  be  paid  to  the  master 
fish  warden,  and  by  him  deposited  with  the  State  treas- 
urer, to  be  placed  in  the  hatchery  fund  for  the  district 
in  which  said  fine  was  imposed.  In  all  prosecutions 
under  this  section  the  possession  by  any  person  or  per- 
sons, firm  or  corporation  of  young  sturgeon  under  4 
feet  in  length  shall  be  construed  as  prima  facie  evidence 
that  the  same  was  taken  from  the  waters  of  the  State 


Public  Service  Laws 


1193 


of   Oregon,   or   from    the   waters   of   the   Columbia   River 
or    its    tributaries. 

(m)    PROTECTION    OF   CRABS. 

Protection  of  salt  water  crabs  in  Coos  County— Transpor- 
tation out  of  county  forbidden.  §  5360.  It  shall  be  unlaw- 
ful for  any  person,  within  the  county  of  Coos,  State  of 
Oregon,  or  within  or  upon  the  waters  thereof,  including 
all  bays,  harbors  and  inlets  of  said  county,  to  kill,  take, 
capture  or  destroy  any  greater  number  than  50  salt 
water  crabs  in  one  day;  and  it  shall  be  unlawful  for 
any  person  or  persons,  firm  or  corporation,  within  said 
county  or  upon  the  water  thereof,  to  sell  or  offer  for  sale, 
exchange  or  transport  outside  of  the  said  county,  or 
have  in  possession,  for  the  purpose  of  such  sale  or  ex- 
change or  transportation  from  said  county,  any  of  the 
aforesaid  salt  water  crabs;  and  it  shall  be  unlawful  for 
any  steamboat  company,  express  company  or  any  other 
common  carrier  or  corporation  or  the  officers  or  agents 
thereof,  or  any  other  person,  to  transport  or  carry  out 
of  said  county,  or  to  receive  or  have  in  possession  for 
the  purpose  of  such  transportation  therefrom,  any  salt 
water  crabs,  except  for  the  purpose  of  exhibition  or 
propagation;  -provided,  that  this  Act  shall  not  apply  to 
the  canning  product  of  salt  water  crabs  within  the  said 
county  and  the  exportation  of  the  same  therefrom. 

Penalty  for  violation.  §  5361.  Any  person  or  persone, 
or  any  manager,  president,  agent  or  employe  of  any 
firm  or  corporation,  who  shall  violate  or  assist  in  the 
violation  of  any  of  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  $25, 
and  not  more  than  $500,  together  with  the  costs  of  the 
prosecution,  and  in  default  of  the  payment  of  such 
fine,  shall  be  imprisoned  in  the  county  jail  one  day  for 
every  $2  of  such  fine  until  the  whole  thereof  shall  be 
paid. 

Justices  to  have  concurrent  jurisdiction.  §  5362.  Justices 
of  the  peace  shall  have  concurrent  jurisdiction  with  the 
Circuit  Courts  of  this  State  of  all  offenses  mentioned  in 
this  Act. 

Close  season  for  crabs  for  canning  or  shipping.  §  5363. 
It  shall  be  unlawful  for  any  person  or  persons,  firm  or 
corporation,  or  any  person  whatsoever,  to  take  or  fish 
from  any  of  the  waters  of  the  State  of  Oregon,  except  in 
Lincoln  county,  or  have  in  their  possession  after  the 
same  has  been  taken,  for  the  purpose  of  canning  or  ship- 
ping out  of  the  county  in  which  they  are  taken,  any 
crabs  during  the  months  of  July,  August,  and  September 
of  any  year. 

Closed  season  for  clams  for  canning  or  shipping.  §  5366. 
It  shall  be  unlawful  for  any  person  or  persons,  firm  or 
corporation,  or  any  person  whatsoever,  to  take  or  dig 
clams  from  the  sands  on  the  ocean  beach  of  the  Pacific 
Ocean,  in  the  State  of  Oregon,  or  to  have  in  their  posses- 
sion after  the  same  have  been  taken,  for  the  purpose  of 
canning,  or  shipping  out  of  the  county  in  which  they  are 
taken,  between  the  first  day  of  June  and  the  thirty-first 
day  of  August,  of  any  year. 

Penalty  for  violations  of  Act.  %  5368.  Any  person  vio- 
lating any  of  the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  $50  nor  more  than 
$100,  and  the  costs  of  the  action.  Said  fine  to  be  paid 
to  the  master  fish  warden  and  by  him  deposited  with  the 
State  treasurer  to  the  credit  of  the  hatchery  fund  for 
the  district  in  which  the  fine  was  imposed. 

Packing,  etc.,  or  delivering  for  shipment  infected  fruit, 
etc.,  a  misdemeanor.  §  5500.  Every  person  who  packs  or 
prepares  for  shipment  to  any  point  within  the  State,  or 
who  delivers  or  causes  to  be  delivered  to  any  express 
agent,  or  railroad  agent,  or  other  person,  or  to  any  trans- 
portation company  or  corporation  for  shipment  to  any 
point  without  the  State,  any  fruit  or  fruits,  either  fresh, 
cured  or  dried,  that  is  infected  with  insect  pests  or 
diseases  injurious  to  trees,  shrubs,  plants,  fruits  or  vege- 
tables, is  guilty  of  a  misdemeanor. 

Penalty  for  violation  of  preceding  section.  §  5501.  Any 
person,  firm  or  corporation  violating  any  of  the  pro- 
visions of  this  Act  shall  be  deemed  guilty  of  a  misdemea- 
n6r,  and,  upon  conviction  thereof,  shall  be  punished  by 
a  fine  of  not  less  than  $25  nor  more  than  $100. 


Locomotives  and  other  engines  to  be  provided  with  spark 
arresters — Penalty  for  violation.  S  5515.  From  June  1  to 
October  1  of  each  year  it  shall  be  unlawful  for  any  per- 
son, firm  or  corporation,  or  employe  thereof,  to  use  or 
operate  any  locomotive,  logging  engine,  portable  engine, 
traction  engine  or  stationary  engine  using  fuel  other  than 
oil,  in  or  near  forest  or  brush  land,  which  is  not  pro- 
vided with  an  adequate  spark  arrester  kept  in  constant 
use  and  repair.  Any  person,  firm  or  corporation  who  shall 
wilfully  fail  to  comply  with  the  foregoing  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  pay  a  fine  for  each  engine  or  lo- 
comotive without  such  spark  arrester  of  not  less  than 
$25,  nor  more  than  $100,  and  shall  be  enjoined  from  further 
use  of  such  engine  or  locomotive  until  such  spark  arrester 
Is  provided.  Escape  of  fire  from  any  engine  shall  be 
prima  facie  evidence  that  such  appliance  has  not  been 
adequately  maintained  in  compliance  with  this  section. 
Upon  proof  that  any  prosecution  has  been  Instituted  under 
this  section  by  any  fire  warden,  any  court  of  competent 
jurisdiction  shall  enjoin  the  further  use  of  the  engine  in- 
volved, unless  equipped  and  maintained  in  compliance 
with  this  section  to  the  satisfaction  of  said  fire  warden, 
until  the  defendant  has  been  acquitted  of  the  charge 
preferred. 

Railroads,   etc.,    to   remove  inflammable   material  from 
right  of  way.     §  5516.     All  persons,  firms  or  corporations 
engaged  in  logging,  or  permitting  logging  upon  their  lands, 
In  this  State,  shall  each  year,  burn  their  annual  slashing, 
by  which  is  meant  the  tops  and  inflammable  refuse  left 
after  lumbering,  that  may  carry  fire  or  cause  it  to  spread, 
at  such  time  and  in  such  manner  and  with  such  provision 
of  help  as  will  confine  the  fire  to  their  own  lands,  and  if 
such   burning    is    done    between    June    1    and    October    1 
shall  first  cut  down  all  dead  trees  or  snags  over  25  feet 
high.     Builders  of  trails,  roads,  or  railroads  in  this  State 
shall  immediately  destroy  or  remove  all  inflammable  ma- 
terial   resulting    from    constructing    or    clearing    for    such 
improvements    unless    prevented    under    the    provisions    of 
§  8  of  this  Act.     Any  person,  firm  or  corporation  operating 
a  railroad  in  this  State  with  coal  or  wood  fuel  shall  an- 
nually, or  when  so  directed  by  the  State  board  of  forestry, 
and  in  a  manner  and  to  an  extent  directed  by  said  board, 
destroy  or  remove  all  inflammable  material  from  the  right 
of  way  of  said  railroad.     All  burning  under  the  provision 
of  this  section  shall  be  in  accordance  with  the  provisions 
of  §  8  of  this  Act.     Refusal  or  neglect  to  comply  with  the 
provisions  of  this  section  shall  be  punished  by  a  fine  of  not 
less    than    $100,   nor   more   than    $1,000    for   each   offense; 
provided,  that  the  State  forester,  with  the  consent  of  the 
board    of   forestry,   may   suspend    the    restrictions    of   this 
section  when  and  where  he  deems  public  safety  so  permits 
or  requires.     It  is  further  provided,  that  in  the  absence  of 
such  suspension,  and  in  case  of  refusal  or  neglect  by  any 
person   or   persons   at   fault,   after   proper   notice,   to   take 
the  precautions  against  fire  required  by  this  section,  the 
State  forester,  or  district  fire  warden  acting  with  his  con- 
sent,  may   have   the   work   done   to   the   extent   he   deems 
requisite   to   public   safety,   and   the  cost  thereof  and  the 
expense  of  any  fire  patrol  rendered  necessary  by  the  delay 
shall  be  recoverable  from  the  offender  by  action  for  debt. 

OF   DOMESTIC   ANIMALS. 

Record  of  brands,  etc.,  to  be  kept  at  stock  yard,  open  to 
inspection — Penalty.  §  5532.  It  is  hereby  made  the  duty 
of  every  person  who  owns,  operates,  manages,  or  has 
^':harge  or  control  of  any  stockyard,  or  any  yard  or  place 
through  or  by  which  horses  or  cattle  are  shipped,  or  are 
received  for  the  purpose  of  placing  or  loading  the  same 
on  railroad  cars  or  boats  for  transportation  or  shipment, 
to  make  and  keep  a  public  record  of  all  brands  and  marks 
on  all  horses  and  cattle  so  received  at  or  in,  or  shipped  by 
or  through,  such  stock  yard,  or  other  yard  or  place,  and 
of  the  names  of  the  persons  from  whom  any  such  horses 
or  cattle  were  so  received,  which  said  record  shall,  during 
business  hours,  be  open  to  inspection  or  examination  by 
any  person  desiring  to  inspect  or  examine  the  same;  pro- 
vided, however,  the  above  shall  not  apply  to  any  stock 
unloaded  out  of  cars  for  the  purpose  of  feeding.  Any 
person  violating  any  of  the  provisions  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  in  any  Justice  Court  in  the  county  where  the 
crime  was  committed  or  is  triable,  shall  be  punished  by  a 
fine  of  not  less  than  $50  nor  more  than  $200. 


lliH 


National  Association  of  Railway  Commissioners 


Permitting  infected  animals  at  large  or  exposing  same. 
§  5630.  Any  person  who  shall  have  in  his  possession  any 
domestic  animal  affected  with  any  contagious  or  infectious 
disease,  knowing  such  animal  to  be  so  affected,  or,  after 
having  received  notice  that  such  animal  is  so  affected, 
who  shall  permit  such  animal  to  run  at  large,  or  who  shall 
keep  such  animal  where  other  domestic  animals  -  not 
affected  by  or  previously  exposed  to  such  disease  may  be 
exposed  to  such  contagion  or  Infection,  or  who  shall  sell, 
ship,  drive,  trade  or  give  away  such  diseased  animal  or  ani- 
mals which  have  been  exposed  to  such  contagion  or  infec- 
tion, or  who  shall  move  or  drive  any  domestic  animal  in 
violation  of  any  direction,  rule  or  regulation  or  order  estab- 
lishing and  regulating  quarantine,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  $10  nor  more  than  $250  for 
each  of  such  diseased  or  exposed  domestic  animals  which 
he  or  they  shall  permit  to  run  at  large,  or  keep,  sell,  ship, 
drive,  trade,  or  give  away  in  violation  of  the  provisions 
of  this  Act;  provided,  that  any  owner  of  any  domestic 
animal  which  has  been  affected  with  or  exposed  to  any 
contagious  or  infectious  disease  may  dispose  of  the  same 
after  having  obtained  from  the  State  veterinarian  a  certifi- 
cate of  health  for  such  animal;  provided,  also,  that  horses 
running  on  the  range  within  this  State  infected  with  dis- 
temper, lung,  or  mountain  fever,  shall  be  exempt  from  the 
operation  of  this  Act. 

Penalty  for  bringing  infected  animal  into  State.  §  5631. 
Any  person  who  shall  knowingly  bring  into  the  State  any 
domestic  animal  which  is  affected  with  any  contagious  or 
infectious  disease,  or  any  animal  which  has  been  exposed 
to  any  contagious  or  infectious  disease,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  $10  nor  more  than  $250. 

Oxcner  of  affected  stock  must  not  prevent  examination. 
§  5632.  Any  person  who  owns  or  is  in  possession  of  live 
stock  which  is  affected  or  which  is  suspected  or  reported 
to  be  affected  with  any  contagious  on  infectious  disease, 
who  shall  wilfully  prevent  or  refuse  to  allow  the  State 
veterinarian  or  commissioners,  or  other  authorized  ofBcer 
or  officers,  to  examine  such  stock,  or  shall  hinder  or  ob- 
struct the  State  veterinarian  or  other  authorized  officer 
or  officers  in  any  examination  of  or  in  any  attempt  to  exam- 
ine such  stock,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  any  sum  not 
less  than  $10  nor  more  than  $250. 

Governor  may  prohibit  introduction  of  epizootic  stock. 
I  5633.  Whenever  the  governor  of  the  State  shall  have 
good  reason  to  believe-  that  any  dangerous,  contagious  or 
Infectious  disease  has  become  epizootic  in  certain  locali- 
ties in  other  States,  Territories,  or  countries,  or  that  there 
are  conditions  which  render  such  domestic  animals  from 
such  infected  districts  liable  to  carry  such  disease,  he 
shall  by  proclamation  prohibit  the  importation  of  any  live 
stock  of  any  kind  diseased  into  the  State,  unless  accom- 
panied by  a  certificate  of  health  given  by  a  duly  authorized 
veterinary  surgeon;  and  all  such  animals  arriving  in  this 
State  shall  be  examined  immediately  upon  their  arrival 
by  the  State  veterinarian,  and  if  in  his  opinion  there  is 
any  danger  of  contagion  or  infection,  they  shall  be  placed 
in  close  quarantine  until  such  danger  of  conta^on  and  in- 
fection is  passed,  when  they  shall  be  released  by  order  of 
the  commissioners;  provided,  that  sheep  shall  be  exempt 
from  the  operation  of  this  Act. 

Penalty  for  bringing  diseased  animals  within  State. 
I  5634.  Any  person,  persons,  company,  or  corporation  who 
shall  bring,  or  cause  to  be  brought,  or  aid  in  bringing,  into 
this  State  any  sheep,  hog,  horse,  or  cattle  of  any  kind,  or 
any  domestic  animal  of  any  kind,  knowing  the  same  to  be 
affected  with  any  contagious  or  infectious  disease,  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  be  punished 
by  a  fine  not  less  than  $100  nor  more  than  $1,000. 

Diseased  animals  to  be  kept  separate.  §  5635.  If  any 
person  or  persons,  company  or  corporation  owning  or 
having  possession  or  control  of  any  animal  affected  by  any 
such  contagious  or  infectious  disease,  shall  fail  to  keep 
the  same  within  an  Inclosure  or  herd  the  same  in  some 
place  where  they  will  be  secure  from  contact  with  other 
animals  of  like  kind  not  so  affected,  or  shall  suffer  such 
Infected  animals  to  range  where  they  will  be  likely  to 
come  in  contact  with  other  animals  not  so  affected,  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  punished 
by  a  fine  of  not  more  than  $1,000  for  each  offense. 


Persons  violating  Act  liable  in  damages.  §  5637.  Any 
person,  company,  or  corporation  violating  any  of  the  pro- 
visions of  this  Act  shall  be  liable  for  all  damages  sustained 
by  any  other  person,  company,  or  corporation  through  such 
violation. 

CARRIAGE  OP  LIVE  STOCK,  ACTS  OF  1911.      ^M 

Railroads  to  transport  live  stock  tcithout  unnecessary 
delay.  §  1.  All  railroad  companies  engaged  in  the  business 
of  common  carriers  within  the  State  of  Oregon  shall  trans- 
port without  unnecessary  delay  all  live  stock  tendered 
from  the  point  where  the  same  is  received  either  from 
the  shipper  or  a  connecting  railroad  to  the  point  where  the 
same  are  destined  or  to  be  delivered  to  a  connecting  car- 
rier. 

Rate  of  speed  at  which  live  stock  in  ten  carload  lots  to 
be  transported— Excuse.  §  2.  Whenever  there  shall  be 
tendered  at  any  station  for  shipment  over  any  railroad,  live 
stock  to  the  amount  of  tO  carloads  or  more,  destined  for 
delivery  at  a  common  destination  or  point  of  connection 
with  another  railroad  or  carrier,  it  shall  be  the  duty  of  tie 
railroad  to  transport  such  shipment  of  live  stock  over  lis 
line  from  the  point  where  received  to  the  point  of  destin:i- 
tion  or  delivery  to  a  connecting  carrier  as  the  case  may  bo, 
at  an  average  rate  of  speed  of  not  less  than  12  miles  p<r 
hour,  provided  the  distance  between  these  points  is  1(0 
miles  or  more,  and  when  the  distance  is  within  100  miUs 
such  shipment  shall  be  so  transported  at  an  average  rale 
of  speed  of  not  less  than  eight  miles  per  hour.  In  com- 
puting the  average  rate  of  speed  the  commencement  of  the 
period  shall  be  the  time  the  car  or  cars  are  fully  loaded  for 
movement,  and  the  end  of  the  period  shall  be  the  time  the 
cars  are  set  ready  for  unloading  or  delivered  to  the  col  - 
necting  carrier,  as  the  case  may  be.  The  necessary  tima 
any  such  shipment  is  held  at  a  junction  point  awaitin  r 
transfer  from  one  line  to  another  on  the  same  or  another 
connecting  railroad,  or  where  stock  passes  through  a  d  - 
vision  terminal  for  delivery  to  a  public  stork  yard  and  nc 
exceeding  two  hours^  shall  not  be  included  in  the  comput: 
tion  of  said  average  rate  of  speed.  Time  when  stock  i : 
necessarily  held  for  feeding,  rest  or  otherwise  under  th  ■ 
requirements  or  restrictions  of  the  Federal  laws  or  laws  c  f 
this  State  or  municipal  regulation  or  franchise  or  is  hel  I 
under  the  instructions  of  the  shipper  for  any  purpose  sha  i 
not  be  counted  in  the  time  of  transportation,  or  on  accoun 
of  which  cannot  be  avoided  by  reasonable  diligence  due  t  i 
public  calamity,  strikes,  washouts,  acts  of  God,  the  publi  ■ 
enemy,  mobs,  riots,  wrecks,  fires  or  accidents  shall  not  b  ■ 
included  in  the  computation  of  said  average  rate  of  speec . 

Live  stock  in  less  than  ten  car  lots  transported  at  pn  - 
scribed  speed  one  day  in  week.  §3.  It  shall  be  the  duty  c  f 
any  railroad,  upon  at  least  one  day  in  each  week,  to  b  • 
designated  by  the  railroad  company,  posted  in  a  conspici  ■ 
ous  place  in  each  of  its  departments  and  advertised  b 
public  notice,  and  upon  such  other  days  in  the  week  a  ; 
may  be  designated  by  Railroad  Commission  of  Oregon  b  ■ 
its  order,  to  transport  live  stock  tendered  in  carload  lots  c' 
less  than  ten  cars  at  the  minimum  rate  of  speed  and  und 
the  conditions  required  by  the  preceding  sections  heri 

Failure  to  transport  at  prescribed  speed,  or  delay,  privt 
facie  evidence  delay  is  unnecessary.  §  4.  It  shall  be  prim  i 
facie  evidence  that  any  delay  is  unnecessary  (1)  for  an  ' 
railroad  to  fail  to  transport  live  stock  at  the  rate  of 
epeed  required  by  §  §  2  and  3  of  this  Act,  and  the  burden  of 
showing  any  excuse  for  the  failure  to  transport  such  liv  > 
stock  from  the  point  of  shipment  to  destination  or  poinr 
of  delivery  to  a  connecting  carrier  at  the  minimum  spec  1 
required  by  §  §  2  and  3  hereof,  shall  ho  upon  the  carrier; 
and  (2)  for  any  lailroad  to  hold  live  stock  after  the  sai 
is  fully  loaded  for  movement  for  a  period  of  more  than  t 
hours  at  any  place  or  station  on  its  lines,  except  for 
purjjose  of  feeding  or  resting  as  may  be  required  by  I 
or  under  the  instructions  of  the  shipper  for  any  purpoi 
The  provisions  of  §  §  2,  3  and  4  hereof  shall  not  apply 
circus  trains  moving  under  special  contract  or  otherwis' 

Stockyards  and  corrals  at  junction  points — Notice 
shipper  to  unload — Penalty.  §  5.  It  shall  be  the  duty 
every  railroad  to  provide  at  the  junction  points  of  its  main 
and  branch  lines,  suitable  stock  corrals  and  yards.  When- 
ever it  is  necessary  to  delay  the  transportation  of  stoclf 
more  than  two  hours  at  any  junction  point,  it  shall  be  the 
duty  of  any  railroad  to  give  prompt  and  accurate  notice 
thereof  to  the  shipper  or  attendant  accompanying  the  sfilp- 


s  c 
irrti^ 


Public  Service  Ijaws 


1195 


ment.  and  thereupon  the  shipper  may  at  his  option  unload 
Buch  live  stock  for  the  purpose  of  resting  and  feeding.  The 
time  that  said  live  stoclt  is  lield  at  such  junction  point,  after 
Buch  notice  has  been  so  given,  shall  not  be  included  in  the 
comQutation  of  time  provided  by  §  §  2  and  3  hereof.  Any 
railroad  violating  the  provisions  of  this  section  shall  for- 
feit and  pay  into  the  State  treasury  a  penalty  of  not  less 
than  ?25  nor  more  than  $100  for  each  such  offense. 

Carriers,  how  to  treat  animals  transported.  §  6.  No  per- 
son or  company  which  carries  or  transiiorts  horses,  cattle, 
sheep,  hogs  or  other  live  stock  within  this  State  shall  con- 
fine or  permit  such  animals  to  be  confined  in  or  upon  any 
boat,  barge,  railroad  car  or  other  vehicle  of  transportation 
for  a  longer  period  than  28  consecutive  hours  without  un- 
loading same  in  a  humane  manner,  into  properly  equipped 
pens  for  rest,  water  and  feeding  for  a  period  of  at  least 
five  consecutive  hours,  unless  prevented  by  storm  or  by 
other  accidental  or  unavoidable  causes  which  cannot  be 
anticipated  or  avoided  by  the  exercise  of  due  diligence  and 
foresight;  provided,  that  upon  the  written  request  of  the 
owner  or  person  in  custody  of  that  particular  shipment, 
which  written  request  shall  be  separate  and  apart  from  any 
printed  bill  of  lading,  live  stock  contract  or  other  railroad 
form,  the  time  of  confinement  may  be  extended  to  30  hours. 
In  estimating  such  confinement,  the  time  consumed  in 
loading  and  unloading  shall  not  be  considered,  but  the  time 
during  which  the  animals  have  been  confined  without  such 
rest  or  feed  or  water  on  connecting  boats,  barges,  cars  or 
vehicles  of  transportation  from  which  they  are  received 
shall  be  included,  it  being  the  intent  of  this  Act  to  prohibit 
their  continuous  confinement  beyond  the  period  of  28  hours, 
except  upon  the  contingencies  hereinbefore  stated;  pro- 
vided, that  it  shall  not  be  required  that  sheep  be  unloaded- 
in  the  night  time,  but  where  the  time  expires  In  the  night 
time  in  the  case  of  sheep,  the  same  may  be  continued  in 
transit  to  a  suitable  place  for  unloading,  subject  to  the  afore- 
said limitation  of  36  hours.  However,  animals  so  unloaded 
shall  be  properly  fed  and  watered  during  such  rest  either 
by  the  owner  or  owners,  or  person  or  persons  having  cus- 
tody thereof,  or  in  case  of  his  or  their  default  in  so  doing, 
then  by  the  party  or  company  which  transports  the  same, 
at  the  reasonable  expense  of  such  owner  or  owners,  and 
such  party  or  company  shall  in  such  case  have  a  lien  upon 
Buch  animals  for  food,  care  and  custody  so  furnished,  col- 
lectible at  their  destination  in  the  .same  manner  as  the 
transportation  charges  are  collected,  and  shall  not  be 
liable  for  any  detention  of  such  animals,  when  such  de- 
tention is  of  reasonable  duration,  to  enable  compliance  with 
this  section  of  this  Act;  but  nothing  in  this  section  shall 
be  construed  to  prevent  the  owner  or  shipper  of  animals 
from  furnishing  food  therefor,  if  he  so  desires.  Any  per- 
son or  corporation  who  shall  fail  to  comply  with  the  pro- 
visions of  this  section  shall,  for  every  such  failure,  be 
liable  for  and  forfeit  and  pay  a  penalty  of  not  less  than 
$100  nor  more  than  $500;  provided,  that  when  animals  are 
carried  in  or  upon  cars,  boats,  or  other  vessels  in  which 
they  can  and  do  have  proper  food,  water,  space  and  oppor- 
tunity to  rest,  the  provisions  in  regard  to  their  being  un- 
loaded shall  not  apply. 

Proceedings  for  violations  of  law.  §  5639.  Any  person 
or  persons  found  violating  the  provisions  of  this  Act  may 
be  arrested  and  held  without  warrant,  in  the  same  manner 
as  in  case  of  persons  found  breaking  the  peace;  and  the 
person  or  persons  making  the  arrest,  with  or  without  war- 
rant, shall  use  reasonable  diligence  to  give  notice  thereof 
to  the  owner  or  owners  of  the  animal  or  animals  found  in 
the  charge  of  the  person  or  persons  arrested,  and  shall 
properly  care  and  provide  for  such  animal  or  animals  until 
the  owner  or  owners  of  such  animal  or  animals,  or  a  duly 
authorized  agent  of  the  same,  shall  take  charge  of  the 
same;  provided,  that  such  owner  or  owners  or  agent  shall 
claim  and  take  charge  of  the  same  within  60  days  from  the 
date  of  said  notice;  and  the  person  or  persons  making 
such  arrest  shall  have  a  lien  upon  such  animal  or  animals 
for  the  expense  of  such  care  and  provisions. 

Certain  words  defined.  §  5640.  In  this  Act  the  word 
"animal"  or  "animals"  shall  be  held  to  Include  all  brute 
creatures,  and  the  words  "owner,"  "owners,"  "person," 
"persons"  and  "whoever"  shall  be  held  to  include  corpora- 
tions as  well  as  individuals,  and  the  knowledge  and  acts  of 
agents  of  and  persons  employed  by  corporations  in  regard 
to  the  treatment  of  animals  transported,  owned  or  em- 
ployed by  or  in  the  custody  of  such  corporation  or  corpora- 


tions shall  be  held  to  be  acts  and  knowledge  of  such  cor- 
poration or  corporations. 

Offenders  under  Act  liable  in  civil  action.  §  5643.  Any 
person,  company  or  corporation  violating  any  provision  of 
this  Act,  or  who  shall  fail  Ic  comply  with  or  who  disre- 
gards any  order  or  direction  made  by  any  sheep  inspector 
under  the  provision  of  this  Act,  shall  be  liable  in  a  civil 
action  for  all  damages  sustained  by  any  other  person,  com- 
pany or  corporation  in  consequence  of  such  violation.  Such 
damage  shall  be  a  lien  on  the  sheep,  which  may  be  sold 
to  satisfy  such  lien,  as  provided  by  law. 

Duties  and  powers  of  State  veterinarian.  §  5646.  It 
shall  be  the  duty  of  the  State  veterinarian  to  investigate 
all  cases  of  contagious,  infectious  and  communicable 
diseases  among  horses,  mules,  asses,  goats,  swine,  dogs 
and  poultry  or  other  domestic  or  wild  animal  or  ani- 
mals, excepting  sheep,  in  this  State,  which  may  come  to 
his  knowledge,  and  to  make  ofliclal  visits  of  inspection 
to  any  locality  in  this  State  where  he  has  reason  to 
believe  such  diseases  exist;  also  to  inspect  or  cause  to 
be  inspected  all  of  the  above  enumerated  animals  that 
may  be  brought  into  this  State  from  any  other  State 
or  Territory  or  foreign  country  included  or  defined  in 
any  proclamation  issued  by  the  governor  establishing  a 
quarantine  against  any  of  the  classes  of  animals  enumer- 
ated in  this  Act;  *  *  *  He  shall  have  full  power  to 
enter  any  field,  barn,  boat,  railroad  car,  stable  or  other 
premises,  when  engaged  in  the  Inspection,  quarantining 
or   condemnation    of   animals    or   their   products. 

Proclamation  of  quarantine  by  governor— Penalty  for 
removal  after.  S  5654.  Whenever  the  governor  of  the 
State,  upon  the  recommendation  of  the  said  State  board 
of  health,  has  reason  to  believe  that  any  contagious, 
infectious  or  communicable  disease  of  any  of  the  animals 
enumerated  in  this  Act  exists  in  any  locality  in  this 
State,  he  may  issue  a  proclamation  placing  such  portions 
of  the  State  in  quarantine  and  forbidding  the  removal 
of  animals  from  such  portions  of  the  State  to  any  other 
portion  of  the  State,  unless  the  same  be  first  inspected 
by  the  said  State  veterinarian,  or  the  said  county  vet- 
erinarian, and  found  free  from  disease  or  exposure 
thereto.  Any  person,  persons,  firm  or  corporation,  or  their 
agent,  or  employes,  who  shall,  after  the  issuance  of  such 
proclamation,  remove,  without  lawful  inspection,  any  of 
the  said  enumerated  animals,  as  defined  In  the  gov- 
ernor's proclamation,  from  any  Territory  included  in  such 
proclamation,  to  any  locality  not  included  in  such  procla- 
mation, shall,  upon  conviction,  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not 
less  than  $100  and  not  more  than  $500,  and  such  person, 
persons,  firm  or  corporation,  or  their  agent  or  employe, 
shall  be  liable  for  all  damage  that  may  result  by  reason 
of  their  violation  of  the  provisions  of  this  Act;  provided, 
however,  that  nothing  contained  in  this  Act  shall  prohibit 
the  transportation  of  any  of  the  said  animals  from  such 
district  by  railroad  train  or  by  boat  through  the  State 
iinder  such  restrictions  as  may  be  prescribed  by  the 
regulations  of  the  United  States  Department  of  Agri- 
culture. 

Bringing  diseased  animals  into  State  a  m-ixdemeanor — 
Penalty.  §  5655.  Any  person,  persons,  firm  or  corporation, 
their  agent,  or  employes,  who  shall  drive  or  cause  to 
be  driven,  bring,  or  cause  to  be  brought  into  this  State 
from  any  other  State  or  Territory,  or  foreign  country, 
any  of  the  animals  enumerated  in  this  Act  that  are 
affected  with  any  contagious,  infectious,  or  communicable 
disease  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of 
not   less   than   $25  nor  more  than   $500. 

When  cattle  brought  into  State  to  be  tested  with  tuber- 
culin proceedings — Penalty.  §  5657.  It  shall  be  unlawful 
for  any  person,  persons,  firm  or  corporation,  their  agent 
or  employe  to  bring,  or  cause  to  be  brought  into  this 
State  any  cattle  for  dairy  or  breeding  purposes,  excepting 
strictly  range  cattle;  unless  the  same  shall  first  have 
been  tested  with  tuberculin,  and  found  free  from  tuher- 
culcsis  by  an  inspector  of  the  United  States  Bureau  of 
Animal  Industry,  or  in  case  such  inspector  cannot  be 
had  then  they  may  be  tested  by  any  approved  vet- 
erinarian, or  unless  the  same  shall  be  submitted  to  the 
tuberculin  test,  as  hereinafter  provided  for,  within  10 
days    after   the    arrival   in   this    State;    where   cattle   for 


1196 


National  Associatiox  of  Eailway  Commissioners 


breeding  or  dairy  purposes,  excepting  strictly  range  cattle, 
are  brought  into  tliis  State  without  having  been  first 
tested  and  found  free  from  tuberculosis  by  an  inspector 
of  the  United  States  Bureau  of  Animal  Industry,  or 
other  approved  veterinarian,  they  shall,  within  10  days 
after  arrival  in  this  State,  be  tested  with  tuberculin 
by  either  the  State  veterinarian,  or  county  veterinarian, 
and  any  animal  or  animals  that  react  with  tuberculin 
having  been  so  brought  into  this  State  shall  be  imme- 
diately destroyed  or  removed  from  the  State,  under 
the  direction  of  the  said  veterinarian  making  the  said 
test  and  in  accordance  with  the  rules  and  regulations 
of  the  State  board  of  health;  where  cattle  for  breeding 
or  dairy  purposes,  excepting  strictly  range  cattle,  shall 
have  been  brought  into  this  State  without  first  having 
been  tested  with  tuberculin  by  an  inspector  of  the 
United  States  Bureau  of  Animal  Industry,  the  State 
veterinarian,  or  county  veterinarian,  or  other  approved 
veterinarian,  it  is  hereby  made  the  duty  of  any  person, 
persons,  firm  or  corporation,  their  agent  or  employe, 
or  any  railroad  company,  steamboat  or  transportation 
line  bringing  such  cattle  into  this  State,  to  immediately, 
upon  crossing  the  State  line,  mail  to  the  said  State 
veterinarian  or  to  the  State  board  of  health,  a  copy 
cf  the  certificate  showing  that  the  said  cattle  have  been 
tested  with  tuberculin  by  an  inspector  of  the  United 
States  Bureau  of  Animal  Industry,  or  other  approved 
veterinarian,  or  a  statement  that  the  cattle  have  not 
been  so  tested,  showing  the  name  of  the  owner  or 
agent  in  charge  of  the  said  cattle,  together  with  their 
kind,  number  and  destination,  and  the  probable  time 
of  their  arrival  at  said  destination.  Any  person,  persons, 
firm  or  corporation,  their  agent  or  employe  who  shall 
violate  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  $50  nor 
more   than   $500. 

Governor  may  p)-ohibit  importation  from  diseased  local- 
ity— Penalty — Exceptions.  §  5658.  Whenever  the  governor 
of  this  State,  on  advice  of  the  State  board  of  health, 
shall  have  reason  to  believe  that  any  contagious,  in- 
fectious, or  communicable  disease  exists  among  any  of 
the  animals  [enumerated]  in  this  Act  in  any  locality  or 
localities  of  any  other  State,  Territory,  or  foreign  coun- 
try, or  that  conditions  exist  that  render  animals,  from 
such  locality  or  localities  likely  to  convey  disease  to 
the  animals  of  this  State,  the  governor  shall  forthwith, 
by  proclamation,  designate  and  declare  such  locality  or 
localities  as  presumably  infected  with  such  disease  or 
diseases,  and  prohibit  importation  therefrom  of  any  of 
the  animals  enumerated  in  this  Act,  except  under  such 
restrictions  as  the  State  board  of  health  might  designate. 
Any  person,  persons,  firm  or  corporation  who,  after 
publication  of  such  proclamation,  has  or  received  in 
charge  any  such  animal  or  animals  from  any  of  the 
prohibited  districts  and  transport,  convey,  or  drive  the 
same  to  and  within  the  limits  of  this  State,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  $25  nor 
more  than  $500,  and  each  offending  person,  persons, 
firm,  or  corporation,  shall  likewise  be  liable  for  all 
damages  that  may  be  sustained  by  any  person,  persons, 
firm  or  corporation  by  reason  of  the  importation  or 
transportation  into  this  State  of  such  animals  from  the 
prohibited  districts;  provided,  however,  that  nothing 
herein  contained  shall  permit  the  importation  into  this 
State  of  any  cattle  for  breeding  or  dairy  purposes,  ex- 
cept strictly  range  cattle,  unless  the  same  be  accom- 
panied by  a  certificate  of  tuberculin  test  made  by  an 
employe  cf  the  United  States  Bureau  of  Animal  Indus- 
try, or  other  approved  veterinarian,  showing  the  said 
cattle  to  be  free  from  tuberculosis,  as  hereinbefore  pro- 
vided, or  that  the  said  cattle  be  tested  with  tuberculin 
by  the  proper  officer  within  10  days  after  arrival  within 
the  State;  provided,  further,  that  nothing  in  this  section 
shall  be  so  construed  as  to  interfere  with  the  trans- 
portation of  animals  through  this  State  that  are  moving 
under  the  rules  and  regulations  of  the  United  States 
Department   of   Agriculture. 

Stock  removed  from  State  to  be  inspected.  §  5671.  From 
and  after  the  passage  of  this  Act,  it  shall  be  the  duty 
of   all    persons    removing   or   taking   from   this    State,    in 


any  manner  whatsoever,  any  horse,  mule,  mare,  gelding, 
colt,  foal,  filly,  bull,  cow,  heifer,  steer  or  calf,  imme- 
diately before  the  shipment  or  removal  of  the  same, 
and  at  the  place  from  which  the  shipment  or  removal 
is  to  be  made,  to  cause  the  same  to  be  inspected  by 
the  stock  inspector  of  the  county  from  which  such  stock 
is  to  be  removed,   as  hereinafter  provided. 

Inspection  record — Granting  of  certificate  and  other  pro- 
ceedings thereon.  §  5672.  On  receiving  notice  from  any 
person  that  he  desires  to  remove  or  take  from  the  State 
any  of  the  class  of  animals  mentioned  in  §  5671  it  shall  be 
the  duty  of  any  stock  inspector  of  the  county  from  which 
such  animals  are  to  be  taken  to  inspect  the  same,  by 
carefully  noting  the  brands  upon  such  animals,  and  ear- 
marks, if  any,  and  otherwise  describing  such  of  said 
animals  as  may  have  no  brands,  and  to  keep  a  record  of 
all  such  inspections  in  a  book  to  be  provided  for  that  pur- 
pose by  the  county  commissioners  of  each  county.  Such 
description  shall  contain:  (1)  The  brands  and  earmarks 
on  all  animals  branded  or  marked,  and  a  description  of  fill 
animals  not  branded  or  marked;  (2)  the  number  of  ani- 
mals inspected  for  removal;  (3)  the  name  of  the  owner  or 
person  removing  the  same;  (4)  the  date  of  such  inspection 
with  destination  to  which  such  animals  are  to  be  taken. 
If,  in  the  opinion  of  the  officers  making  the  inspection,  the 
person  proposing  to  ship  such  stock  is  rightfully  in  the 
possession  of  the  same,  he  shall  grant  such  person  a  cer- 
tificate of  inspection  in  duplicate  containing  the  matter 
herein  provided,  with  the  further  statement  that  permis- 
sion is  granted  to  such  person  to  remove  such  animals 
from  this  State.  The  person  so  receiving  such  certiflca  e 
must  deposit  with  the  railroad,  steamboat,  or  other  perse  n 
or  company  through  which  the  said  animals  are  remov<  d 
or  shipped  at  the  point  from  which  the  same  are  remove  d 
or  shipped,  the  duplicate  certificate  referred  to,  which  sa  d 
duplicate  must  be  filed  by  the  agent  or  person  receivii  g 
the  same,  and  must  all  times  during  business  hours  le 
accessible  to  the  public.  The  agent  or  person  at  the  tin  e 
of  the  receipt  of  the  duplicate,  shall  indorse  upon  the  -orig- 
inal certificate  the  date  of  the  receipt  of  the  duplicate.  '.  n 
all  cases  in  which  stock  is  to  be  driven  from  this  Stat  J, 
the  person  owning  or  driving  the  same  shall  file  such  dup  i- 
cate  with  the  county  clerk  of  the  county  from  which  su(  h 
animals  are  driven,  who  shall  indorse  the  original  and  fl  e 
the  duplicate  as  herein  provided  to  be  done  by  agents  )f 
railroad  companies  in  case  of  shipment.  If,  however,  tl  e 
officer  making  such  inspection  shall  be  of  the  opinion  th  it 
such  stock  or  any  portion  thereof,  is  stolen,  or  otherwii  e 
wrongfully  in  the  possession  of  the  person  proposing  o 
remove  the  same,  he  shall  withhold  such  certificate  ai  d 
not  permit  to  remove,  until  satisfactory  assurance  is  giv<  n 
him  of  the  rightful  possession  of  such  property  by  tiie 
person  proposing  to  remove  the  same.  M  M 

Penalty  for  failure  of  transportation  company  to  Sfl 
ply  with  Act.  §  5673.  Any  railroad  company,  steambo  it 
company,  agent,  or  other  person,  shipping  or  permitting  o 
be  shipped  from  any  station,  siding,  stock  yard,  wharf,  )r 
landing,  without  first  receiving  the  duplicate  certifica  ;e 
herein  provided  for,  and  indorsing  upon  the  original  tlie 
date  of  its  receipt,  any  of  the  animals  mentioned  in  §  56'i  1, 
and  any  person  removing  or  attempting  to  remove  any  jf 
said  animals  without  first  having  secured  the  certificate 
of  inspection  and  filing  the  duplicate  as  in  this  Act  pio- 
vided,  or  any  person  in  any  other  way  violating  any  of 
the  provisions  of  this  Act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fin  id 
in  any  sum  not  less  than  $100  nor  more  than  $1,000,  and  ia. 
default  of  the  payment  thereof  shall  be  imprisoned  in  J^ 
county  jail  one  day  for  each  $2.00  of  said  fine.  ■■ 

(h)    OF    SHEEP    INSPECTION    AND    CONTAGIOUS    DISEASE    AMON'O 
SHEEP. 

Duties  and  powers  of  State  sheep  inspector  and  deputies. 
§  5682.  It  shall  be  the  duty  of  the  State  sheep  inspector, 
and  of  his  deputies  under  his  direction,  to  investigate  all 
cases  of  contagious  and  infectious  disease  among  sheep 
within  the  State  which  may  come  to  his  or  their  knoAvl- 
edge,  and  to  make  official  visits  of  inspection  to  any  local- 
ity where  such  disease  exists,  or  where  they  have  infor- 
mation or  reason  to  believe  such  disease  exists,  and  to  in- 
spect or  cause  to  be  inspected  any  sheep  within  the  State, 
and  all  sheep  brought  into  this  State  in  any  manner  from 
any  other  State,  Territory,  or  foreign  country,  and  partic- 


Public  Service  Laws 


1197 


ularly  from  any  locality  included  or  defined  in  any  pro- 
clamation issued  by  the  governor  establishing  a  quarantine 
as  in  this  Act  provided,  and  he  or  they  shall  have  author- 
ity to  order  a  quarantine  of  any  infected  premises,  and  in 
case  such  disease  shall  become  prevalent  in  any  locality- 
within  the  State,  the  board  of  sheep  commissioners  may 
issue,  upon  the  recommendation  of  the  State  sheep  inspec- 
tor, a  proclamation  forbidding  any  sheep  being  transferred 
from  said  locality  without  a  certificate  from  said  inspector 
or  one  of  his  deputies  showing  such  animals  to  be  in  good 
health.    «    *    • 

Governor  may  prohibit  importation  of  sheep  from  dan- 
gerous locality — Penalty  for  violation.  S  5684.  Whenever 
the  governor  of  the  State  has  reason  to  believe  that  scab 
or  other  contagious  or  infectious  disease  of  sheep  has  be- 
come prevalent  in  any  locality  or  localities  of  any  other 
State  or  Territory,  or  that  conditions  exist  that  render 
sheep  from  such  localities  likely  to  convey  disease,  or 
whenever  the  State  sheep  inspector  shall  certify  in  writ- 
ing to  the  governor  that  conditions  exist  in  certain  locali- 
ties in  any  other  State  or  Territory  which  may  render 
any  of  the  sheep  coming  therefrom  likely  to  convey 
disease,  the  governor  shall  forthwith  by  proclamation 
designate  and  declare  such  locality  or  localities  as  pre- 
sumably infected,  and  prohibit  importation  therefrom  of 
any  sheep  into  this  State,  except  under  such  restrictions 
as  the  board  of  sheep  commissioners  shall  deem  proper. 
Any  person,  persons,  firm  or  corporation  who,  after  pub- 
lication of  such  proclamation,  has  or  receives  in  charge 
any  sheep  from  any  of  the  prohibited  districts,  and  trans- 
ports, conveys  or  drives  the  same  to  and  within  the  limits 
of  this  State,  shall  be  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  a  fine  not  exceeding  $1,000  and  not  less 
than  $250,  and  such  offending  person  or  persons,  firm  or 
corporation  shall  likewise  be  liable  for  all  damages  that 
may  be  sustained  by  any  person,  persons,  firm  or  corpo- 
ration by  reason  of  the  importation  or  transportation  into 
the  State  of  such  sheep  from  prohibited  districts;  pro- 
vided, however,  that  nothing  herein  contained  shall  pro- 
hibit the  transportation  of  animals  from  such  prohibited 
district  through  the  State  by  railroad  trains  or  steamboat 
lines  under  such  restrictions  and  regulations  as  may  be 
prescribed  by  law  of  this  State  or  by  the  government  of 
the  United  States. 

Inspection  of  sheep  brought  into  State — Penalty  for  vio- 
lation. §  5690.  •  *  *  Any  person,  persons,  firm  or  cor- 
poration, their  agents  or  employes,  who  shall  ship  into  the 
State  by  railroad  or  steamboat  lines  from  any  other  State 
any  sheep,  shall  immediately,  upon  unloading  the  same  at 
any  point  within  this  State,  notify  personally  or  by  tele- 
phone, or  by  telegraph  or  registered  letter,  the  State  sheep 
inspector;  and  thereupon  the  said  official  or  one  of  his 
deputies  shall  proceed  to  inspect  said  animals,  and  if  upon 
inspection  he  shall  deem  it  necessary  to  prevent  or  avoid 
infection,  he  shall  cause  said  sheep  to  be  quarantined  not 
more  than  one  mile  from  the  point  where  they  are  un- 
loaded for  such  period,  not  to  exceed  60  days,  as  may  be 
necessary,  and  if  he  shall  deem  it  necessary  shall  cause 
said  sheep  to  be  dipped  not  to  exceed  three  times  before 
they  are  released  from  such  quarantine;  provided  further, 
however,  that  such  sheep  are  not  for  immediate  slaughter, 
or  enroute  through  the  State  on  the  railroad  trains  or  boat 
lines  to  other  States,  and  that  any  sheep  held  in  quaran- 
tine under  this  section  may  be  released  therefrom  at  any 
time  for  the  purpose  of  immediate  slaughter. 

Any  person,  persons,  firm  or  corporation  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  less  than  $100  nor  more  than  $500.  Such  fine  shall  be 
a  lien  upon  the  sheep  and  may  be  foreclosed  as  personal 
property  liens  are  foreclosed  under  the  existing  laws  of 
this  State,  or  may  be  enforced  as  a  judgment  against  the 
offending  party. 

Penalties  for  bringing  diseased  sheep  into  or  transport- 
ing them  within  State — Disinfection.  §  5692.  Any  person, 
persons,  firm  or  corporation  who  shall  drive  or  cause  to  be 
driven,  to  bring  or  cause  to  be  brought,  ship  or  cause  to 
be  shipped  into  this  State  from  any  other  State,  any  sheep 
infected  with  scab  or  any  other  infectious  or  contagious 
disease,  and  knowing  the  condition  of  the  same,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  $250  nor  more  than 
$1,000;   and  in  case  the  offending  party  is  a  corporation. 


its  officers  shall  be  liable  in  the  same  manner  as  individuals 
would  be  liable.  Any  transportation  company  which  shall 
convey  from  point  to  point  within  this  State  any  sheep  in- 
fected with  scab  or  other  contagious  or  infectious  disease, 
knowing  condition  of  the  same,  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  punished  as  in  this  section 
above  provided.  All  corrals,  yards,  pens,  sheds,  chutes, 
cars  or  boats  of  such  companies  which  shall  have  been  occu- 
pied by  infected  sheep  shall  immediately  thereafter,  and 
within  48  hours  be  disinfected  by  said  company,  and  failure 
on  its  part  so  to  do  shall  likewise  be  deemed  a  misde- 
meanor and  punished  as  in  this  section  above  provided. 
Such  disinfection  shall  be  done  in  accordance  with  the  rule 
of  the  United  States  Bureau  of  Animal  Industry  relating  to 
the  disinfection  of  such  places,  boats  and  cars,  and  the 
State  sheep  inspector,  his  deputy  and  the  officials  of  said 
Bureau  of  Animal  Industry  shall  each  have  authority  to  en- 
force the  provisions  of  this  section,  and  when  such  com- 
pany shall  neglect  for  a  period  of  48  hours  to  so  disinfect, 
such  officials  may  take  possession  of  such  corrals,  yards, 
pens,  sheds,  chutes,  cars  or  boats,  and  proceed  to  disinfect 
them  at  the  expense  of  the  company,  such  expense  to  be 
collected  by  an  action  in  the  name  of  the  State  sheep  in- 
spector in  any  court  of  competent  jurisdiction. 

(j)    OF   CARRIAGE   OF   SHEEP. 

Express  company  may  make  what  shipments  without 
inspection.  §  5710.  From  and  after  the  passage  of  this 
Act  it  shall  be  lawful  for  any  express  company,  otherwise 
authorized  by  law  to  transact  express  business  within  this 
State,  to  transport  sheep,  not  to  exceed  four  in  any  one 
shipment,  to  or  from  any  point  within  the  State  of  Oregon 
without  an  inspection  of  the  sheep;  and  it  shall  be  lawful 
for  all  shippers  to  ship  sheep  by  express  and  for  all  resi- 
dents of  the  State  of  Oregon  to  import  sheep  by  express, 
not  to  exceed  four  in  any  one  shipment,  without  an  in- 
spection thereof.  The  rights  and  exemption  granted  by  this 
Act  shall  exist  and  continue  notwithstanding  any  general 
words  requiring  such  inspection  in  any  statute  now  in  force. 

Fat  or  butcher  stock  not  to  be  inspected  when  shipped. 
§  5711.  From  and  after  the  passage  of  this  Act,  no  owner 
or  shipper  of  fat.  butcher  or  show  cattle,  sheep  or  hogs, 
desiring  to  ship  the  same  to  or  from  any  point  within  the 
State  of  Oregon  to  any  other  point  within  the  State  of 
Oregon,  shall  be  required  to  have  the  same  inspected  in 
any  county  from  which  the  same  is  shipped;  and  it  shall 
be  lawful  for  any  railroad,  transportation  or  steamship  com- 
pany to  transport  and  ship  such  stock  to  or  from  any  point 
within  this  State,  without  inspection  and  without  requiring 
the  owner  or  shipper  thereof  to  produce  any  permit  to 
ship  from  any  stock  inspector  of  the  county  from  which 
the  same  may  be  shipped.  The  rights  and  exemption 
granted  by  this  Act  shall  exist  and  continue,  notwithstand- 
ing anything  contrary  thereto  in  the  laws  of  this  State  now 
in   force  requiring  such  inspection  or  permit. 

OF  PUBLIC  WORKS  AND  IMPROVEMENTS. 

OF    IRRIG.VTION    DISTRICTS. 

Roads,  railways,  etc.,  may  be  crossed  by  works  of  irri- 
gation district — Rights  over  State  lands  dedicated.  §  6209. 
The  board  of  directors  shall  have  power  to  construct  the 
said  works  across  any  stream  of  water,  water  course, 
street,  avenue,  highway,  railway,  canal,  ditch  or  flume  which 
the  route  of  said  canal  or  canals  may  intersect  or  cross, 
in  such  manner  as  to  afford  security  for  life  and  prop- 
erty; but  said  board  shall  restore  the  same,  when  so 
crossed  or  intersected,  to  its  former  state  as  near  as  may 
be,  or  in  a  sufficient  manner  not  to  have  impaired  un- 
necessarily its  usefulness;  and  every  company  whose  rail- 
road shall  be  intersected  or  crossed  by  said  works  shall 
unite  with  said  board  in  forming  said  intersections  and 
crossings,  and  grant  the  privileges  aforesaid;  and  if  such 
railroad  company  and  said  board,  or  the  owners  and  con- 
trollers of  the  said  property,  thing  or  franchise  so  to  be 
crossed,  cannot  agree  upon  the  amount  to  be  paid  therefor, 
or  the  points  or  the  manner  of  said  crossings  or  inter- 
sections, the  same  shall  be  ascertained  and  determined  in 
all  respects  as  is  herein  provided  in  respect  to  the  taking 
of  land.     *     *     * 

OF  THE  LAW  OF  TRAVEL — 1911. 

Providing  for  the  regulation  and  operation  of  vehicles — 
Vehicles  passing  street  cars,   ete.     §  2.     The  laws  of  the 


1198 


National  Association  of  Railway  Commissioners 


road  everywhere  in  this  State  are  declared  to  be  as  speci- 
fied in  the  following  subdivisions: 

•  »»*»**•• 
11.  In  passing  railroad  or  street  cars  operated  in  any 
city,  town  or  village  in  this  State,  vehicles  shall  be  so 
operated  upon  that  side  of  said  street  or  railroad  car 
with  due  care  and  caution  that  the  safety  of  passengers 
boarding  or  alighting  from  such  street  or  railroad  car 
shall  be  fully  protected,  and  for  that  purpose  said 
vehicle  shall  be  brought  to  a  stop,  if  necessary,  but  upon 
the  other  or  left  side  of  said  street  or  railroad  car,  should 
there  be  a  clear  passage,  said  vehicle  shall  be  permitted  to 
so  increase  its  speed  for  the  necessary  distance  to  nego- 
tiate a  safe  clearance  between  said  street  or  railroad  car 
and  said  vehicle  so  desiring  to  pass,  and  the  rate  of  speed 
requisite  and  necessary  so  to  do  shall  not  be  deemed  to 
be  an  excessive  rate  of  speed,  having  due  regard  to  the 
speed  of  said  railroad  or  street  car.     *     •     ♦ 

OF   TEMPORARY   RAILWAY   TRACKS    ON    COUNTY   ROADS. 

Temporary  tracks  on  highway  for  use  during  improve- 
ment. §  6363.  The  County  Court  within  the  respective 
counties  of  the  State  of  Oregon  shall  have  the  right  to 
temporarily  construct  a  railway  track,  or  may  grant  the 
right  to  any  person,  company  or  corporation  to  temporarily 
construct  a  railway  track  upon  any  public  highway  within 
their  respective  counties,  and  operate  cars  thereon  for  the 
purpose  of  transporting  road  material  to  be  used  for  the 
improvement  of  any  public  road  or  roads  within  the  county. 
Such  track  so  constructed  upon  any  public  highway  shall 
be  removed  therefrom  at  the  earliest  possible  date  con- 
sistent with  subserving  the  interests  of  the  public 
hereunder. 

OF  JNDIVIDUAL    RIGHTS    AND    LIABILITIES    IN    RESPECT    TO    HIGH- 
WAYS. 

Injury  to  railway,  telegraph  or  telephone  posts  or  wires, 
etc. — Penalty.  §  6378.  If  any  person  shall  wilfully  break 
down,  injure,  remove  or  destroy  any  free  or  toll  bridge,  rail- 
way, plank  road,  macadamized  road,  telegraph  or  telephone 
posts  or  wires,  or  any  gate  upon  any  such  road,  or  any 
lock  or  embankment  of  any  canal,  such  i>erson,  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  six  months  nor  more  than  two 
years,  or  by  fine  not  less  than  $50  nor  more  than  $1,000. 

Unauthorized  construction  of  railroad,  highway,  etc.. 
through  burial  ground — Penalty.  §  6380.  If  any  person 
shall,  without  authority  specially  granted  by  law,  or  with- 
out the  authority  or  consent  of  the  proprietor  or  owner, 
open,  or  make  any  highway,  street,  road,  railroad,  mac- 
adamized road,  or  other  thing  in  the  nature  of  a  public 
easement  over,  in,  through  or  upon  any  inclosure  or  yard 
used  for  the  burial  of  the  dead,  or  shall  begin  to  open  or 
make  any  such  public  easement  over,  in,  through  or  upon 
any  such  inclosure  or  yard,  such  person,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  county 
jail  not  less  than  three  months  nor  more  than  one  year, 
or  by  fine  not  less  than  $100  nor  more  than  $500. 

Injury  to  railroad,  highway,  etc.,  or  material  used — 
Penalty.  §  6381.  If  any  person  shall  injure  or  obstruct 
any  highway,  macadamized  road,  plank  road,  railroad,  canal 
or  bridge,  or  shall  injure  or  destroy  any  materials  being 
used  in  construction  or  repair  of  such  road,  canal  or 
bridge,  such  person,  upon  conviction  thereof,  shall  be  pun- 
ished by  imprisonment  in  the  county  jail  not  less  than 
one  month  nor  more  than  six  months,  or  by  fine  not  less 
than  $25  nor  more  than  $500. 

OF  PRIVATE  CORPORATIONS. 

OF  THE  FORMATION  OF  PRIVATE  CORPORATIONS   AND   THEIR  REGU- 
LATION. 

Articles  of  incorporation — What  to  specify.  §  6683.  The 
articles  of  Incorporation  shall  specify: 

1.  The  name  assumed  by  the  corporation  and  by  which 
it  shall  be  known,  and  the  duration  of  the  corporation,  if 
limited. 

2.  The  enterprise,  business,  pursuit  or  occupation  in 
which  the  corporation  proposes  to  engage. 

3.  The  place  where  the  corporation  proposes  to  have  its 
principal  office  or  place  of  business. 

4.  The  amount  of  the  capital  stock  of  the  corporation. 

5.  The  amount  of  each  share  of  such  capital  stock. 

6.  If  the  corporation  is  formed  for  the  purpose  of  navi- 
gating any  stream  or  other  water,  or  making  or  constructing 


any  railroad,  macadamized  road,  plank  road,  clay  road, 
canal  or  bridge,  the  termini  of  such  navigation,  road,  canal 
or  the  site  of  such  bridge. 

Poircrs  of  the  body  corporate.  §  6686.  Upon  making  and 
filing  the  articles  of  incorporation,  as  herein  provided, 
the  persons  subscribing  the  same  are  incorporators,  and 
authorized  to  carry  into  effect  the  objects  specified  in 
the  articles,  in  the  manner  provided  in  this  chapter; 
and  they  and  their  successors,  associates  and  assigns, 
by  the  name  assumed  in  said  articles,  shall  thereafter 
be  deemed   a   body   corporate,  with   power — 

1.  To  sue  and  be  sued. 

2.  To  contract  and   be   contracted  with. 

3.  To  have  and  use  a  corporate  seal,  and  the  same 
to  alter  at  pleasure. 

4.  To  purchase,  possess,  and  dispose  •  of  such  real 
and  personal  property  as  may  be  necessary  and  con- 
venient to  carry  into  effect  the  objects  of  the  incorpora- 
tion, and  to  take,  hold,  and  possess,  and  dispose  of  all 
real  and  personal  property  donated  to  such  corporation 
by  the  United  States,  or  by  any  State,  Territory,  county, 
city,  or  other  municipal  corporation,  or  by  any  persoB, 
firm,  association  or  private  corporation  for  the  purpose 
of  aiding  In  the  objects  of  such  corporation. 

5.  To  appoint  such  subordinate  ofiicers  and  agents 
as  the  business  of  the  corporation  may  require,  and 
prescribe  their  duties  and  compensation. 

6.  To   make  by-laws  not  inconsistent  with   any   exist- 
ing   law    for    the    sale    of    any    portion    of   its    stock    fo:- 
delinquent    or    unpaid    assessments    due    thereon,    which 
sale   may  be   made  without  judgment  or   execution;    pro- 
vided,   that   no    such    sale    shall    be   made   without    thlrt; 
days'    notice    of    time    and    place    of   sale    in    some   news 
paper    in    circulation    In    the    neighborhood    of   such   com- 
pany  for   the  transfer   of  Its   stock,  for  the   managemen 
of    its    property,    and    for    the    general    regulation    of    iti 
affairs. 

7.  In  case  the  object  or  purpose  for  which  any  sucl 
corporation  is  incorporated  is  In  whole  or  in  part  t< 
construct,  or  construct  and  operate  a  railroad,  to  leas( 
any  part  or  all  of  its  road  to  any  other  company  incor 
porated  for  the  purpose  of  maintaining  and  operatlnj 
a  railroad,  and  to  lease  or  purchase,  maintain  and  oper 
ate  any  part  or  all  of  any  other  railroad  constructec 
by  any  other  company  upon  such  terms  and  condltioni 
as  may  be  agreed  upon  between  said  companies  re 
spectlvely.  Any  two  or  more  railroad  companies  whos< 
lines  are  connected  may  perfect  any  arrangement  fo: 
their  common  benefit  to  assist  and  promote  the  objec 
for  which  they  were  created;  provided,  that  nothing  ii 
this  Act  shall  be  construed  to  authorize  the  leasing  o 
any  railroad  line  to  any  company  or  corporation  ownin} 
a  road  which  forms  a  competing  or  parallel  line  to  i^ 
railroad. 

Majority  of  directors  of  mining  and  railroad  comt 
carrier   corporations  may   be   non-residents — Meeting   heU 
outside  of  State  lawful.     S  6690.     A  majority  of  the  direct 
ors   of  any   corporation    incorporated    under   the    laws    o 
this    State    for    the    purpose,    in    whole    cr    in    part,    o 
and  actually  engaged  as  Its  principal  business  in   acquir 
ing,   owning   or   working   mines,   or   acquiring,   owning   o' 
operating     quartz    mills,     reduction     works,    smelters     o- 
power    plants    for    mining    purposes,    or    acquiring,    con 
structing   or   operating   steam    or   electric    railroads   as    i 
common     carrier,     may,    while     such    corporation     is     so 
engaged   in   the   business   aforesaid    as   Its   principal   busi 
ness,   and   no  longer,   reside  out  of  the   State  of   Oregon 
and   any  such   corporation   may   have  offices   and   officer; 
without    said    State,    and    meetings    of   Its    directors    may 
be   held   without  the   State   of  Oregon;    but   at   least   onu   ■ 
director   of    every    said    corporation    shall    reside    in    thi! 
State,   and   every   such   corporation,    If  its   president   does 
not    reside    In    this    State,    must    at    all    times    maintain 
within  the   State,  and   within   the   county  where   its   prin- 
cipal   office    and    place   of   business   Is    located,    an    agent 
upon   whom   any   and   all    summonses,    writs  -and    process 
issued    to   or   against   such   corporation   by   the   courts   of 
this    State   or    the    courts    of    the    United    States    holding 
terms    therein    may   be    served;    and    shall    file    with    the 
secretary    of    State,    with    its    annual    statement,    and    at 
other    times    when    its    agents    shall    cease    to    serve    as 
such,   die,   or  otherwise   become   disqualified,   a    power  of 


o    lU 


Public  Service  Laws 


1199 


attorney,  appointing  a  person  therein  named  as  its  duly 
authorized  agent,  stating  his  full  name  and  residence, 
and  service  of  any  summons,  writ  or  process  upon  such 
agent  shall  be  equivalent  to  service  upon  the  president 
or  other  proper  officers  of  such  corporation;  if  the 
president  of  such  corporation  does  not  reside  within 
the  State  of  Oregon,  and  the  corporation  shall  fail  or 
neglect  to  maintain  such  agent  upon  whom  service  may 
be  had,  the  statute  of  limitations  shall  cease  to  run  in 
favor  of  such  corporation  during  the  period  when  such 
failure   or    neglect   shall    continue. 

Corporation  may  'build  portage  roads.  §  6702.  Any  cor- 
poration formed  for  the  purpose  of  navigating  any 
stream  or  other  water  may,  by  virtue  of  such  incor- 
poration, construct  any  railway,  macadamized  road,  plank 
road,  or  clay  road,  or  canal  or  bridge,  necessary  and 
convenient  for  the  purpose  of  transporting  freight  or 
passengers  across  any  bridge  on  the  line  of  such 
navigation,  occasioned  by  any  rapids  or  other  obstruc- 
tions to  the  navigation  of  such  stream  or  other  water, 
in  like  manner  and  with  like  effect  as  if  such  corpora- 
tion had  been  formed  for  such  purpose. 

OF    FOREIGN    CORPORATIONS. 

Conditions  imposed  on  foreign  railway,  etc.,  corpora- 
tions. §  6735.  Any  foreign  corporation  incorporated  for 
the  purpose  of  constructing,  or  constructing  and  oper- 
ating, or  for  the  purpose  of  or  with  the  power  of 
acquiring  and  operating,  any  railway,  macadamized  road, 
plank  road,  clay  road,  canal,  or  bridge,  or  for  the  pur- 
pose of  conducting  water,  gas,  or  other  substance,  by 
means  of  pipes  laid  under  the  ground,  shall,  on  com- 
pliance with  the  laws  of  this  State  for  the  regulation-  of 
foreign  corporations  transacting  business  therein,  have 
the  same  rights,  powers,  and  privileges  in  the  exercise 
of  the  rights  of  eminent  domain,  collection  of  tolls,  and 
other  prerogative  franchises,  and  in  the  control,  man- 
agement, and  disposition  of  their  business,  franchises  and 
property,  as  are  possessed  by  corporations  organized 
fcr  similar  purposes  under  the  general  incorporation  laws 
of  this  State;  provided,  always,  that  in  the  case  of  the 
leasing  of  any  line  of  railroad  incorporated  under  the 
laws  of  this  State  by  a  foreign  corporation,  such  leasing 
shall  be  upon  the  fundamental  condition  following,  and 
not  otherwise : 

1.  That  such  foreign  corporation  shall  enter  into  .an 
agreement  in  writing  with  the  State  of  Oregon,  duly 
executed  by  said  corporation,  to  be  signed  by  its  presi- 
dent and  attested  by  its  secretary,  which  agreement 
shall  be  filed  with  the  secretary  of  State  of  the  State 
of  Oregon,  whereby  and  wherein  said  foreign  corpora- 
tion shall  agree  that  all  suits  or  actions  by  and  be- 
tween said  foreign  corporation  and  a  citizen  or  citizens 
of  this  State,  during  the  continuance  of  such  lease, 
shall  be  prosecuted  or  defended  to  a  final  determination 
in  the  courts  constituted  by  the  laws  of  this  State, 
excepting  in  cases  where  such  action  or  suit  shall  be 
commenced  in  or  removed  to  the  Federal  courts  by  a 
citizen  of  this  State,  and  upon  the  failure  to  comply 
with  the  terms  of  such  agreement  by  such  foreign  cor- 
poration, such  lease  shall  utterly  determine  and  be 
rendered  null  and  void  at  the  option  of  the  legislative 
assembly  of  the    State   of   Oregon. 

2.  That  the  State  of  Oregon  reserves  to  itself, 
through  its  legislative  assembly,  and  in  such  manner 
as  it  shall  determine,  the  right,  power,  and  authority 
to  prescribe  the  rate  to  be  charged  for  the  transporta- 
tion of  persons  and  property  on  such  leased  lines,  and 
also  to  prescribe  and  make  such  police  regulations  for 
the  government  of  such  roads  as  it  may  from  time  to 
time   determine. 

Foreign  corporations  no  greater  rights  than  domestic. 
§  6736.  Nothing  in  this  Act  contained  shall  be  so  con- 
strued as  to  give  to  any  foreign  corporation  or  corpora- 
tions any  other  or  further  rights,  powers  or  privileges 
than  may  be  acquired  or  exercised  by  corporations  in- 
corporated under  the  laws  of  this  State;  but  only  so 
as  to  give  to  foreign  corporations  the  same  rights, 
powers,  and  privileges,  on  a  compliance  with  the  laws 
of  this  State,  as  may  be  acquired  or  exercised  by  cor- 
porations incorporated  under  the  laws  of  this  State. 


OF  THE  CONDEMNATION  OF  LAND. 

OF    THE    APPROPRIATION    OF    LAND    FOR    CORPORATE    AND    PUBLIC 
PURPOSES. 

Corporations  may  go  on  land  to  survey  line.  §  6838.  A 
corporation  organized  for  the  construction  of  any  railway, 
macadamized  road,  plank  road,  clay  road,  canal,  bridge,  or 
of  any  ditch  or  flume  for  the  conducting  of  water  for  irri- 
gation or  domestic  purposes,  or  for  the  purpose  of  selling 
the  same  to  the  public  for  general  purposes  for  public  use, 
or  for  conducting  water  by  means  of  pipe  laid  upon  or 
under  the  surface  of  the  ground;  or  for  the  manufacture, 
use,  or  sale  of  electricity  for  lighting  or  power  purposes, 
or  desiring  to  use  such  electrical  power  in  the  operation 
of  any  railway,  shall  have  a  right  to  enter  upon  any  land 
between  the  terminal  thereof,  or  elsewhere,  for  the  pur- 
pose of  examining,  locating,  or  surveying  the  line  of  such 
railway,  macadamized  road,  plank  road,  clay  road,  canal, 
bridge,  ditch,  flume,  or  pine  line,  for  the  purpose  of  survey- 
ing or  measuring  any  lands  or  rights  appurtenant  thereto 
needed  for  railway,  power,  or  other  such  purposes,  doing 
no  unnecessary  damage  thereby. 

Land  may  T)c  appropriated,  to  tchat  extent,  and  for 
what  purposes.  Ji  6839.  Any  corporation  mentioned  in 
§  6838  may  appropriate  so  much  of  said  land  as  may  be 
necessary  for  the  line  of  such  railway,  macadamized  road, 
plank  road,  clay  road,  canal,  bridge,  ditch,  flume,  or  pipe 
line,  not  exceeding  200  feet  in  width,  besides  a  sufficient 
quantity  thereof  for  toolhouses,  workshops,  materials  for 
construction,  timber  excepted,  a  right  through  such  ad- 
jacent land  to  enable  such  corporation  to  contruct  and  re- 
pair its  railway,  macadamized  road,  plank  road,  clay  road, 
canal,  bridge,  ditch,  flume,  or  pipe  line,  and  to  make  proper 
drains;  and  any  corporation  organized  in  whole  or  in  part 
for  the  construction  of  a  canal  for  navigating  or  manu- 
facturing purposes,  or  for  any  ditch  or  flume  for  the  pur- 
pose of  conveying  water  for  irrigating,  domestic,  or  stock 
purposes,  may  appropriate  such  waterways,  water  rights 
or  privileges,  or  otherwise  acquire  by  purchase,  lease 
or  otherwise,  established  water  rights  or  privileges  or 
those  initiated  by  performing  any  acts  herein  or  otherwise 
required,  provided  or  permitted  by  law,  as  may  be  neces- 
sary or  convenient  for  the  purpose  of  supplying,  operating, 
constructing  or  maintaining  the  same;  and  in  case  of  rail- 
way, sufficient  quantity  of  such  land,  in  addition  to  that 
above  specified  in  this  section,  for  the  necessary  side  tracks, 
spur  tracks,  and  laterals  reasonably  necessary  for  manufac- 
turing establishments,  also  for  depot  and  water  stations,  cut- 
tings and  embankments,  and  for  the  proper  construction, 
security,  and  convenient  operation  of  its  road;  and  such 
railway  company  shall  have  the  right  to  cut  down  any 
standing  timber  in  danger  of  falling  upon  its  road,  mak- 
ing compensation  therefor  as  provided  in  this  Act,  for 
lands  taken  for  the  use  of  the  corporation,  and  shall  have 
the  right,  and  may  appropriate  the  right,  to  conduct  water 
thereto  by  aqueducts;  and  any  such  railway  corporation 
may  cross,  intersect,  join,  and  unite  its  railway  with  any 
other  railway  at  any  point  in  its  route,  and  upon  the 
grounds  of  such  other  railway  corporation,  and  make  the 
necessary  turnouts,  sidings,  switches,  and  other  conven- 
iences in  furtherance  of  the  object  of  its  connection,  and 
may  appropriate  to  make  such  crossings;  the  railway  which 
is  or  may  be  intersected  by  new  railways  may  unite  with 
the  owners  of  such  new  railways  in  forming  such  inter- 
section and  connection,  and  grant  the  facilities  aforesaid; 
but  in  case  of  water  pipes,  except  in  incorporated  towns 
and  cities,  the  corporation  may,  so  far  as  may  be  neces- 
sary for  the  laying  and  keeping  in  repair  its  water  pipes, 
appropriate  the  use  of  so  much  of  such  lands  as  may  be 
necessary,  and  may  make  whatever  cuts  and  excavations 
(or  cuts)  as  soon  as  practicable  after  making  the  same, 
but  no  appropriation  of  private  property  shall  be  mad^ 
until  compensation  be  made  therefor  to  the  owner  thereof, 
irrespective  of  any  increased  value  thereof,  by  reason  of 
the  proposed  improvement  by  such  corporation,  in  the 
manner  hereinafter  provided.  And  any  such  corpora- 
tion mentioned  in  S  6838  may  also  appropriate  and 
condemn  the  rights  of  riparian  proprietors  in  any  lake  or 
stream,  to  enable  such  corporation  to  develop,  manufac- 
ture, or  furnish  electrical  energy  for  lighting  or  power 
purposes  for  the  operation  of  any  railway  in  this  State, 
or  to  manufacture,  furnish,  or  sell  electrical  energy  for 
lighting  or  power  purposes  to  any  city  or  town  in  this 


1200 


National  Association  of  Railway  Commissionebs 


State,  or  to  any  public  service  corporation  doing  buslnesB 
therein;  and  any  such  corporation  mentioned  in  said 
i  6838  shall  have  the  right  to  condemn  lands  for  the  sites 
of  reservoirs  for  storing  water  for  future  use,  and  for 
rights  of  way  for  feeders  carrying  water  to  such  reser- 
yolrs,  and  for  ditches,  canals,  flumes,  or  pipe  lines  carry- 
ing the  same  away,  and  such  right  of  condemnation  shall 
be  exercised  in  the  same  manner  as  property  is  now  con- 
demned and  appropriated  for  railway  purposes. 

BIOIIT  OF  WAY  TIIBOUGIt  CAN  VOX — 1911. 

Condemnation  of  right  of  way  through  canyon,  pass,  or 
defile  already  appropriated  by  another  railroad.  1 1.  Any 
railroad  company  whose  right  of  way  passes  through  any 
canyon,  pass  or  deflle  shall  not  prevent  any  other  railroad 
company  from  the  use  and  occupancy  of  said  canyon,  pass 
or  defile  for  the  purpose  of  its  road  In  common  with  the 
road  first  located,  and  any  railroad  company  authorized 
by  law  to  appropriate  land,  real  estate,  premises  or  other 
property  for  right  of  way,  or  any  other  corporate  purpose, 
may  commence  an  action  for  the  appropriation  of  a  right 
«f  way  through  any  canyon,  pass  or  defile  for  the  purpose 
of  Its  road,  where  right  of  way  has  already  been  located, 
condemned  or  occupied  by  some  other  railroad  company 
through  such  canyon,  pass  or  defile  for  the  purpose  of  Its 
road;  and  thereupon  like  proceedings  shall  be  had  as  Is, 
or  may  be,  provided  by  the  laws  of  this  State  for- the  con- 
demnation of  land  (or  right  of  way  and  other  railroad  pur- 
poses; and  at  the  time  of  rendering  judgment  for  damages, 
the  court  or  judge  thereof  shall  enter  a  Judgment  or  de- 
cree authorizing  said  railroad  to  occupy  and  use  said  right 
of  way,  roadbed  and  track,  If  necessary.  In  common  with 
the  railroad  company  or  companies  already  occupying  or 
owning  the  same,  and  defining  the  terms  and  conditions 
upon  which  the  same  shall  be  so  occupied  and  used  in 
common. 

Corporation  may  change  location,  etc.,  of  road.  S  6840. 
Any  corporation  may  change  the  grade  or  location  of  its 
road,  canal,  or  pipes,  not  departing  from  the  general  route 
specified  In  the  articles  of  Incorporation,  for  the  purpose 
of  avoiding  annoyances  to  public  travel  or  dangerous  or 
deficient  curves  or  grades,  or  unsafe  or  unsubstantial 
grounds  or  foundation,  or  for  other  like  reasonable  causes, 
and  for  the  accomplishment  of  such  change  shall  have  the 
same  right  to  enter  upon,  examine,  survey,  and  appro- 
priate the  necessary  lands  and  materials  as  in  the  original 
location  and  construction  of  such  road,  canal,  or  water 
pipes. ' 

PiibUc  grounds,  streets,  etc.,  may  be  appropriated.  |  6841. 
When  It  shall  be  necessary  or  convenient  In  the  location 
of  any  road  herein  mentioned  to  appropriate  any  part  of 
any  public  road,  street,  or  alley,  or  public  grounds,  the 
County  Court  of  the  county  wherein  such  road,  street, 
alley,  or  public  grounds  may  be,  unless  the  same  be  within 
the  corporate  limits  of  a  municipal  corporation.  Is  author- 
ized to  agree  with  the  corporation  constructing  the  road, 
upon  the  extent,  terms,  and  conditions  upon  which  the 
•ame  may  be  appropriated  or  used,  and  occupied  by  such 
corporation,  and  It  such  parties  shall  be  unable  to  agree 
thereon,  such  corporation  may  appropriate  so  much  there- 
of as  may  be  necessary  and  convenient.  In  the  location  and 
construction  of  said  road. 

Streets,  etc.,  in  corporate  towns,  proceedings  to  appro- 
priate. I  6842.  Whenever  a  private  corporation  is  author- 
ized to  appropriate  any  public  highway  or  grounds  as 
mentioned  in  the  last  section,  it  the  same  be  within  the 
limits  of  any  town,  whether  Incorporated  or  not,  such 
corporation  shall  locate  their  road  upon  such  particular 
road,  street,  or  alley,  or  public  grounds,  within  such  town, 
as  the  local  authorities  mentioned  In  the  last  section  and 
having  charge  thereof  shall  designate;  but  is  such  local 
authorities  shall  fall  or  refuse  to  make  such  designation 
within  a  reasonable  time  when  requested,  such  corporation 
may  make  such  appropriation  without  reference  thereto. 

Railroads  are  common  carriers — What  charges  may  col- 
lect. I  6853.  Every  corporation  formed  under  this  Act  for 
the  construction  of  a  railway  as  to  such  road  shall  be 
deemed  common  carriers,  and  shall  be  entitled  to  collect 
and  receive  a  just  compensation  for  transportation  of  per- 
sons or  property  over  such  road,  or  such  sum  for  such 
transportation  as  shall  be  prescribed  by  the  legislative  as- 
Mmbly  of  this  State. 

Mining  and  other  private  corporations  may  condemn 


If  f(T 


land.  I  6857.  Any  corporation  organized  for  the  purpose 
of  opening  or  operating  any  gold,  silver,  or  copper  vein  or 
lode,  or  any  coal  or  other  mine;  or  any  marble,  stone,  or 
other  quarry;  or  for  cutting  or  transporting  timber,  lum- 
ber, or  cordwood,  or  for  the  manufacture  of  lumber,  shall 
have  the  right  to  construct  and  operate  railroads,  skid 
roads,  tramways,  chutes,  and  flumes  between  such  polnU 
as  may  be'lndicated  in  their  articles  of  Incorporation,  and 
shall  have  a  right  to  enter  upon  any  land  between  such 
points  for  the  purpose  of  examining,  locating,  and  sur- 
veying the  line  of  such  railroads,  skid  roads,  tramways, 
chutes,  and  flumes,  doing  no  unnecessary  damage  thereby, 
and  such  corporations  shall  have  power  to  appropriate  ko 
much  of  said  land  as  may  be  necessary  for  the  same,  not 
exceeding  60  feet  in  widtli,  and  may  maintain  an  action  for 
the  appropriation  thereof  in  the  manner  and  form  as  by 
law  provided  by  any  railway,  macadamized  road,  plank 
road,  clay  road,  canal,  or  bridge,  and  with  like  effect. 

Private  corporations  deemed  for  public  benefit.     S  6858. 

Any  such  railroads,  skid  roads,  tramways,  chutes,  flumes, 

shall  be  deemed  to  be  for  public  benefit,  and  any  such 

railroad  so  constructed  and  operated  shall  afford  to  all 

persons  equal  facilities  for  the  transportation  of  freight 

upon  payment  or  tender  of  reasonable  compensation  ther> 

for,  but  said  railway  shall  not  be  required  to  carry  passe.i- 

gers;  and  any  such  skldway,  tramway,  chute  or  flume  shall 

afford  to  all  persons  equal  facilities  in  the  use  thereof  for. 

the  purpose  to  which  they  are  adapted,  upon  tenderj 

payment  of  the  reasonable  compensation  for  such  use. 

Procedure  for  appropriation  of  land.    §  6859.    Whene 

any  corporation  authorized  as  in  the  provisions  of  this  A  :t 

to  appropriate  lands,  right  of  way,  right  to  cut  timber,  i  r 

to  cross  or  connect  with  another  railway  or  other  right  <  r 

easement  In   lands,   is   unable   to   agree   with   the  owm  r 

thereof  as  to  the  compensation  to  be  paid  therefor,  or    f 

such  owner  be  absent  from  this  State,  such  corporatlca 

may  maintain  an  action  In  the  Circuit  Court  of  the  prop<  r 

county,  against  such  owner,  for  the  purpose  of  having  sue  ti 

lands,  right  to  cut  timber,  or  to  cross  or  to  connect  wit  h 

another  railway,  or  other  right  or  easement  appropriate  d 

to  its  use,  and  for  determining  the  compensation  to  I  e 

paid  to  such  owner  therefor;  and  if  any  two  railroad  coi  i- 

panles  cannot  agree  upon  the  points  and  manner  of  su(  li 

crossing,  intersection,  or  connection,  the  points  and  ma  i- 

ner    of    such    crossing    and    connection    shall    be    asc«  -- 

talned    and    determined    by    three    commissioners,    wl  o 

shall  be  citizens  and  freeholders  of  the  State  of  Orego  k 

to  be  appointed   by  the  Circuit  Court  of   the  countjj 

which  such  crossing  or  connection  is  proposed  to  be 

and  In  such  action  to  condemn  the  right  to  such  crossli 

Intersection,   or  connection;   or  such  commissioners  mi  y 

be  appointed  by  separate  proceeding  upon  the  appUcatlc  n 

of  the  corporation  desiring  such  crossing.  Intersection,  i.r 

connection,  by  petition,  and  upon  10  days'  notice  to  tl  e 

corporation  whose  road  It  Is  sought  to  cross.  Intersect,    ir 

connect  with;  such  notice  to  be  served  in  like  manner   ts 

a   summons  in   an  ordinary   action.     Such   commlsslone  s 

shall  make  their  report  within  the  time  and  In  the  mann  t 

to  be  prescribed  In  the  order  of  their  appointment,  ai  d 

before  entering  upon  their  duties  they  shall  be  sworn  he  n- 

estly  and  Impartially  to  perform  their  duties  as  such  C0!i- 

mlssloners,  and  the  court  may.  In  the  exercise  of  its  d  s- 

cretlon,  for  the  misconduct  of  such  commissioners,  or  tie 

parties,  or  for  any  informality,  or  when  the  same  appears 

to  be  unreasonable  or  Impracticable,  or  to  have  been  giv  :n 

under  the  influence  of  passion  or  prejudice,  set  aside  su  :h 

report,  and  require  such  commissioners  to  amend  their  le- 

port,  or  make  a  new  or  further  report,  or  may  dlschar;e 

such   commissioners  and    appoint   others   in    their   stesd. 

Such  report,  if  not  set  aside,  or  such  amended  or  further 

report,  shall  be  conflrmed  by  the  court,  and  thereupon  tie 

points  and  manner  of  such  crossing  or  connection  shall  oe 

established  and  determined,  and  if  the  right  thereto  sh  ill 

bo  condemned,  such  condemnation  shall  be  according  to 

such  report,  and  the  parties  to  such  action  to  condenm 

may,  by  leave  of  the  court,  amend  their  pleadings  to  cim- 

form  to  such  report,  or  such  action  may  proceed  upon  the 

pleadings  and  such  report  as  the  parties  may  agree  or  the 

court  may  order. 

Action  for  condemnation  begun  as  other  actions,  t  6860. 
Such  action  shall  be  commenced  and  proceeded  In  to  final 
determination  In  the  same  manner  as  an  action  at  law, 
except  as  In  this  title  otherwise  specially  provided. 


,       Wl  u 

)rego  I. 

°il 

ossln  r. 


Public  Service  Laws 


1201 


Action    must    be   against   person    in    actual   possession. 

i  6861.  The  action  shall  be  commenced  against  the  person 
In  the  actual  possession  of  the  land  at  the  time;  or  it  the 

property  be  not  in  the  actual  possession  of  anyone,  then 
against  the  person  acting  as  the  owner  thereof;  or  if  there 
be  no  one  in  the  actual  possession,  or  acting  as  owner 
thereof,  then  against  an  owner  unknown. 

Complaint  and  summons,  how  served.  §6862.  The 
complaint  shall  describe  the  land  right  or  easement  sought 
to  be  appropriated  with  convenient  certainty.  If  the  de- 
fendant, or  either  of  several  defendants,  is  a  non-resident 
of  this  State  or  unknown,  service  of  the  summons  may  be 
made  by  publication  as  in  ordinary  cases. 

Landlord  mat/  he  substituted  for  tenant  as  defendant. 
I  6863.  A  defendant  In  actual  possession  may,  for  answer, 
plead  that  he  is  in  possession  only  as  the  tenant  of  an- 
other, naming  him  and  his  place  of  residence,  if  known, 
and  thereupon  the  landlord,  if  he  apply  therefor,  shall  be 
made  defendant  in  place  of  the  tenant,  and  thereafter  the 
action  shall  proceed  in  all  cases  as  if  originally  com- 
menced against  him. 

Defendant  may  allege  damages  together  with  any  legal 
defense.  §  6864.  The  defendant  in  his  answer  may  set 
forth  any  legal  defense  he  may  have  to  the  appropriation 
of  such  lands  or  any  portion  thereof,  and  may  also  allege 
the  true  value  of  the  lands  and  the  damage  resulting  from 
the  appropriation  thereof. 

When  view  of  the  premises  may  be  had.  $  6865.  Upon 
the  motion  of  either  party,  before  the  formation  of  the 
jury,  the  court,  upon  the  request  of  either  party,  shall 
order  a  view  of  the  lands  or  premises  in  question,  and 
ui)on  the  return  of  the  jury  the  evidence  of  the  parties 
may  be  heard  and  the  verdict  of  the  jury  given. 

Judgment  of  appropriation  on  payment  of  damages, 
i  6866.  Upon  the  payment  into  court  of  the  damages  as- 
sessed by  the  jury,  the  court  shall  give  judgment  appro- 
priating the  lands,  property,  rights,  easements,  crossing, 
or  connection  in  question,  as  the  case  may  be,  to  the  cor- 
poration, and  thereafter  the  same  shall  be  the  property 
of  such  corporation. 

Either  party  may  appeal.  §  6867.  Either  partv  to  the 
action  may  appeal  from  judgment  therein,  in  like  manner 
and  like  effect  as  in  ordinary  cases;  but  such  appeal  shall 


not  stay  the  proceedings  so  as  to  prevent  such  corporation 
from  taking  such  lands  into  possession,  and  using  them 
for  the  purposes  of  the  corporation,  or  from  proceeding  to 
exercise  the  right,  enjoy  the  easement,  or  make  the  cross- 
ing or  connection  condemned. 

Where  damages  exceed  tender,  defendant  entitled  to 
costs.  1 6868.  The  costs  and  disbursements  of  the  de- 
fendant shall  be  taxed  by  the  clerk,  and  recovered  off  the 
corporation;  but  if  it  appear  that  such  corporation  tend- 
ered the  defendant,  before  commencing  the  action,  an 
amount  equal  to  or  greater  than  that  assessed  by  the  jury, 
in  such  case  the  corporation  shall  recover  its  costs  and  dis- 
bursements oft  the  defendant. 

Judgment  for  vrhat  damages  may  oc  given  after  new 
trial.  §  6869.  If  a  judgment  in  such  action  be  reversed, 
and  a  new  trial  had,  and  at  such  second  trial  the  Jury 
assess  the  damages  of  the  defendant  at  a  greater  sum 
than  before,  the  court  shall,  in  addition  to  the  judgment 
appropriating  the  land,  right,  easement,  crossing,  or  con- 
nection as  provided  in  §  6866,  give  judgment  in  favor  ot 
the  defendant  for  such  excess. 

Appeal  waived  by  acceptance  of  damages — Vnclaimeil 
damages.  §  6870.  If  the  defendant  accept  the  damages  paid 
to  the  clerk,  he  waives  his  right  of  appeal,  and  if  he  do 
not,  such  sum  shall  remain  in  the  control  ot  the  court,  to 
abide  the  event  of  the  appeal,  and  it  the  defendant  or  un- 
known owner  of  the  land  do  not  appear  and  claim  the 
same,  it  shall  be  invested  for  the  benefit  ot  whom  it  may 
concern,  as  in  case  of  unclaimed  moneys  in  the  sale  and 
partition  of  lands. 

Private  property  may  be  appropriated  to  public  use. 
§  6871.  Whenever  the  law  authorizes  private  real  property 
to  be  appropriated  to  public  uses,  the  same  may  be  en- 
tered upon,  examined,  surveyed,  and  selected,  in  the  mode 
prescribed  by  the  statute  giving  such  authority,  and 
thereafter  the  State,  county,  or  other  municipal  or  public 
corporation  therein,  seeking  and  authorized  to  make  such 
appropriation,  may  proceed  in  the  mode  in  this  title  pre- 
scribed, to  have  such  property  appropriated  and  the  com- 
pensation therefor  determined  and  paid  and  not  otherwise; 
except  that  the  compensation  in  the  case  ot  such  State, 
county,  municipnl,  or  public  corporation  is  paid  by  the  de- 
posit in  court  of  an  order  duly  drawn  upon  the  treasurer 
thereof  for  the  amount  of  such  compensation. 


PUBLIC   SERVICE  LAWS  OF  PENNSYLVANIA 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  XVI. 

PRIV.^TB  CORPORATIONS. 

Condition  of  amendment.  186.  §  2.  The  general  assem- 
bly shall  not  remit  the  forfeiture  of  the  charter  of  any 
corporation  now  existing,  or  alter  or  amend  the  same. 
or  pass  any  other  general  or  special  law  for  the  benefit 
of  such  corporation,  except  upon  the  condition  that  such 
corporation  shall  thereafter  hold  its  charter  subject  to 
the   provisions   of  this  constitution. 

Right  of  eminent  domain — Police  power.  187.  §  3.  The 
exercise  of  the  right  ot  eminent  domain  shall  never  be 
abridged,  or  so  construed  as  to  prevent  the  general  as- 
sembly from  taking  the  property  and  franchises  ot  incor- 
porated companies,  and  subjecting  them  to  public  use, 
the  same  as  the  property  ot  individuals;  and  the  exercise 
of  the  police  power  of  the  State  shall  never  be  abridged 
or  so  construed  as  to  permit  corporations  to  conduct  their 
business  I  in  such  manner  as  to  infringe  the  equal  rights 
of  individuals  or  the  general  well-being  of  the  State. 

Corporate  elections— Cumulative  voting.  188.  §4-  In 
all  elections  for  directors  or  managers  of  n  corporation 
each  member  or  shareholder  may  cast  the  whole  number 
of  his  votes  for  one  candidate,  or  distribute  them  ui)on 
two  or   more   candidates,  as  he  may   prefer. 

Foreign  corporations.  189.  §  5.  No  foreign  corporation 
shall  do  any  business  in  this  State  without  having  one 
or    more    known    places   ot   business    and    an    authorized 


agent  or  agents  in  the  same  upon  whom  process  may  be 
served. 

Corporate  powers.  190.  { 6.  No  corporation  shall  en- 
gage in  any  business  other  than  that  expressly  author- 
ized in  Its  charter;  nor  shall  It  take  or  hold  any  real 
estate,  except  such  as  may  be  necessary  and  proper  for 
Its  legitimate  business.  ~" 

Stock  and  loans  of  corporationa— Increase  of  stock  or 
debt.  191.  §  7.  No  corporation  shall  Issue  stock  or  bonds 
except  for  money,  labor  done,  or  money  or  property 
actually  received;  and  all  fictitious  Increase  ot  stock  or 
Indebtedness  shall  be  void.  The  stock  and  indebtedness 
of  corporations  shall  not  be  Increased  except  In  pur- 
suance of  general  law.  nor  without  the  consent  ot  the 
persons  holding  the  larger  amount  in  value  of  the  stock. 
first  obtained,  at  a  meeting  to  be  held  after  60  days' 
notice  given  in  pursuance  of  law. 

Compensation  for  injuries  to  private  property — Appeals 
—Jury  trial.  192.  §  8.  Municipal  and  other  corporations 
and  individuals  invested  with  the  privilege  of  taking 
private  property  for  public  use  shall  make  just  com- 
pensation for  property  taken,  injured  or  destroyed  by 
the  construction  or  enlargement  of  their  works,  high- 
ways or  improvements,  which  compensation  shall  be  paid 
or  secured  before  such  taking,  injury  or  destruction.  The 
general  assembly  is  hereby  prohibited  from  depriving 
any  person  of  an  appeal  from  any  preliminary  assess- 
ment of  damages  against  any  such  corporations  or  In- 
dividuals made  by  viewers  or  otherwise;  and  the  amount 


1302 


National  Association  of  Railway  Commissioners 


of  such  damages  in  all  cases  of  appeal  shall,  on  the 
demand  of  either  party,  be  determined  by  a  jury  accord- 
ing to  the  course  of  the  common  law. 

Revocation  of  charters.  194.  §  10.  The  general  assem- 
bly shall  have  the  power  to  alter,  revoke  or  annul 
any  charter  of  incorporation  now  existing,  and  revocable 
at  the  adoption  of  this  constitution,  or  any  that  may 
hereafter  be  created,  whenever,  in  their  opinion  it  may 
be  Injurious  to  the  citizens  of  this  commonwealth,  in 
such  manner,  however,  that  no  injustice  shall  be  done 
to  the  corporators.  No  law  hereafter  enacted  shall 
create,  renew  or  extend  the  charter  of  more  than  one 
corporation. 

Revocation  of  charters.  195.  §  11.  The  general  assem- 
bly shall  have  the  power  to  alter,  revoke  or  annul 
any  charter  of  incorporation  now  existing,  and  revocable 
at  the  adoption  of  this  constitution,  or  any  that  may 
hereafter  be  created,  whenever,  in  their  opinion  it  may 
be  injurious  to  the  citizens  of  this  commonwealth,  in 
such  manner,  however,  that  no  injustice  shall  be  done 
to  the  corporators.  No  law  hereafter  enacted  shall 
create,  renew  or  extend  the  charter  of  more  than  one 
corporation. 

Telegraphs — Consolidation  .prohibited.  196.  §  12.  Any 
association  or  corporation  organized  for  the  purpose, 
or  any  individual,  shall  have  the  right  to  construct  and 
maintain  lines  of  telegraph  within  this  State,  and  to 
connect  the  same  with  other  lines,  and  the  general 
assembly  shall,  by  general  law  of  uniform  operation, 
provide  reasonable  regulations  to  give  full  effect  to  this 
section.  No  telegraph  company  shall  consolidate  with, 
or  hold  a  controlling  interest  in  the  stock  or  bonds  of 
any  other  telegraph  company  owning  a  competing  line, 
or  acquire,  by  purchase  or  otherwise,  any  other  com- 
peting line  of  telegraph. 

Joint  stock  companies.  197.  §  13.  The  term  "corpora- 
tion," as  used  in  this  article,  shall  be  construed  to  in- 
clude all  joint  stock  companies  or  associations,  having 
any  of  the  powers  or  privileges  of  corporations  not 
possessed  by  individuals  or  partnerships. 

Railroads  and  canals — To  le  public  highways.  198. 
{ 1.  All  railroads  and  canals  shall  be  public  highways,  and 
all  railroads  and  canal  companies  shall  be  common 
carriers.  Any  association  or  corporation  organized  for 
the  purpose  shall  have  the  right  to  construct  and 
operate  a  railroad  between  any  points  within  this  State, 
and  to  connect  at  the  State  line  with  railroads  of  other 
States.  Every  railroad  company  shall  have  the  right 
with  its  road  to  intersect,  connect  with  or  cross  any 
other  railroad;  and  shall  receive  and  transport  each 
the  other's  passengers,  tonnage  and  cars,  loaded  or  empty, 
without  delay  or  discrimination. 

Transfer  offices.  199.  §  2.  Every  railroad  and  canal 
corporation  organized  in  this  State  shall  maintain  an 
office  therein,  where  transfers  of  its  stock  shall  be  made, 
and  where  its  books  shall  be  kept  for  inspection  by  any 
stockholder  or  creditor  of  such  corporation,  in  which 
shall  be  recorded  the  amount  of  capital  stock  sub- 
scribed or  paid  in,  and  by  whom,  the  names  of  the 
owners  of  its  stock  and  the  amounts  owned  by  them, 
respectively,  the  transfers  of  said  stock,  and  the  names 
and  places  of  residence  of  its  officers. 

Discriminating  charges  forbidden.  200.  §  3.  All  indi- 
viduals, associations  and  corporations  shall  have  equal 
right  to  have  persons  and  property  transported  over  the 
,  railroads  and  canals,  and  no  undue  or  unreasonable 
discrimination  shall  be  made  in  charges  for,  or  in  facili- 
ties for,  transportation  of  freight  or  passengers  within 
the  State  or  coming  from  or  going  to  any  other  State. 
Persons  and  property  transported  over  any  railroad 
shall  be  delivered  at  any  station  at  charges  not  ex- 
ceeding the  charges  for  transportation  of  persons  and 
property  of  the  same  class  in  the  same  direction  to 
any  more  distant  station;  but  excursion  and  commuta- 
tion tickets  may  be  issued  at  special  rates. 

Consolidation  with  parallel  or  competing  lines  forbidden. 
201.  §  4.  No  railroad,  canal  or  other  corporation,  or  the 
lessees,  purchasers  or  managers  of  any  railroad  or  canal 
corporation,  shall  consolidate  the  stock,  property  or 
franchises  of  such  corporation  with,  or  lease,  or  purchase 
the  works  or  franchises  of,  or  in  any  way  control  any 
other    railroad   or   canal   corporation,    owning   or    having 


under  its  control  a  parallel  or  competing  line;  nor 
shall  any  officer  of  such  railroad  or  canal  corporation 
act  as  an  officer  of  any  other  railroad  or  canal  cor- 
poration owning  or  having  the  control  of  a  parallel  or 
competing  line;  and  the  question  whether  railroads  or 
canals  are  parallel  or  competing  lines  shall,  when  de- 
manded by  the  party  complainant,  be  decided  by  a  jury, 
as  in  other  civil  Issues. 

Limitation  of  powers.  202.  §  5.  No  incorporated  com- 
pany, doing  the  business  of  a  common  carrier,  shall, 
directly  or  indirectly,  prosecute  or  engage  in  mining, 
or  manufacturing  articles  for  transportation  over  its 
works;  nor  shall  such  company,  directly  or  indirectly, 
engage  in  any  other  business  than  that  of  common 
carriers,  or  hold  or  acquire  lands,  freehold  or  leasehold, 
directly  or  indirectly,  except  sucli  as  shall  be  necessary 
for  carrying  on  its  business;  but  any  mining  or  manu- 
facturing company  may  carry  the  products  of  its  mines 
and  manufactories  on  its  railroad  or  canal  not  exceeding 
50  miles  in  length. 

Officers  not  to  be  interested  in  contracts.  203.  §  6.  No 
president,  director,  officer,  agent  or  employe  of  any 
railroad  or  canal  company  shall  be  interested,  directly 
or  indirectly,  in  the  furnishing  of  material  or  supplies 
to  such  company,  or  in  the  business  of  transportation 
as  a  common  carrier  of  freight  or  passengers  over  the 
works  owned,  leased,  controlled  or  worked  by  suci 
company. 

Discrimination  and  preferences  forbidden.  204.  § ". 
No  discrimination  in  charges  or  facilities  for  transporti - 
tion  shall  be  made  between  transportation  companies 
and  individuals,  or  in  favor  of  either,  by  abatemen  , 
drawback  or  otherwise,  and  no  railroad  or  canal  con  - 
pany,  or  any  lessee,  manager  or  employe  thereof,  sha:  1 
make  any  preferences  in  furnishing  cars  or  motive  powei . 

Free  passes  forbidden.  205.  §8.  No  railroad,  railwa/ 
or  other  transportation  company  shall  grant  free  passei , 
or  passes  at  a  discount,  to  any  person  except  officer) 
or  employes  of  the  company.  M  M 

Street  railicays.    206.    §9.    No  street  passenger  ralltBJjS 
shall  be  constructed  within  the  limits  of  any  city,  boroug'  i 
or  township  without  the  consent  of  its  local  authorities. 

Condition  of  future  legislation.  207.  §  10.  No  railroac . 
canal  or  other  transportation  company,  in  existence  a: 
the  time  of  the  adoption  of  this  article,  shall  have  th  ) 
benefit  of  any  future  legislation  by  general  or  specia  1 
laws,  except  on  condition  of  complete  acceptance  otM^ 
the  provisions  of  this  article.  H 

Duties  of  secretary  of  internal  affairs.  208.  §  11.  The  ej  - 
isting  powers  and  duties  of  the  auditor-general,  in  regard  t ) 
railroads,  canals  and  other  transportation  companies,  e:  • 
cept  as  to  their  accounts,  are  hereby  transferred  to  the  se(  • 
retary  of  internal  affairs,  who  shall  have  a  general  supei  - 
vision  over  them,  subject  to  such  regulations  and  alteration  i 
as  shall  l>e  provided  by  law;  and.  in  addition  to  th : 
annual  reports  now  required  to  be  made,  said  secretar  • 
may  require  special  reports  at  any  time  upon  any  subject 
relating  to  the  business  of  said  companies  from  ~  ' 
officer  or  officers  thereof. 

Appropriate  legislation.    209.    §  12.    The  general  assen  • 
bly    shall    enforce    by    appropriate    legislation    the    pK  vj 
visions  of  this  article. 


STATUTE  LAW. 


t)  jec  ti 
■sen  - ' 

li 


was, 

li 


Proposed  amendments  to  the  railroad  commission  sta  - 
ute  of  Pennsylvania  did  not  pass  at  the  last  session  of  tha 
legislature,  and  the  Act  of  May  31,  1907,  remains  as  it  was 
passed  originally,  as  follows: 

Pennsylvania  State  Railroad  Commission — Term, 
members — Vacancies — Chairman.  §  1.  Be  it  enacted,  el 
That  a  commission  is  hereby  created  to  be  known  as 
the  Pennsylvania  State  Railroad  Commission,  whic  i 
shall  be  composed  of  three  competent  persons,  appointed 
by  the  governor,  by  and  with  the  advice  and  consent 
of  the  senate,  at  least  one  of  whom  shall  be  learned 
in  the  law.  The  commissioners  first  appointed  under 
this  Act  shall  continue  in  office  for  the  term  of  thre<!, 
four  and  five  years,  respectively,  as  designated  by  the 
governor  in  making  said  appointments,  from  the  first 
Monday  of  January,  A.  D.  1908,  and  until  their  re- 
spective successors  shall  have  been  appointed  and  shall 


Public  Service  Laws 


1303 


have  quallned;  but  their  successors  shall  be  appointed 
for  the  term  of  five  years;  and  when  a  vacancy  shall 
occur  in  the  office  of  any  commissioner,  a  commissioner 
shall,  in  like  manner,  be  appointed  for  the  residue  of 
the  term.  If  the  senate  shall  not  be  in  session  when 
this  Act  is  approved  or  a  vacancy  occurs,  the  governor 
shall  appoint  the  original  commission,  or,  in  case  of  a 
vacancy,  appoint  a  commissioner  to  fill  such  vacancy 
subject  to  the  approval  of  the  senate  when  convened. 
No  vacancy  in  the  commission  shall  impair  the  right 
of  the  remaining  commissioners  to  exercise  all  the  rights 
of  the  commission.  The  governor  shall  designate  one 
of  the  members  of  said  commission  as  chairman  thereof, 
who,  when  present,  shall  preside  at  all  meetings,  and 
in  his  absence  the  member  whose  term  will  first  expire 
shall  preside. 

Secretary,  attorney  and  marshal — Duties  of  secretary, 
attorney  and  marshal.  §  2.  The  commission  shall  have  a 
secretary,  an  attorney  and  a  marshal,  who  shall  be 
appointed  by  it,  subject  to  the  approval  of  the  governor, 
and  serve  during  its  pleasure.  The  secretary  shall  keep 
a  full  and  faithful  record  of  the  proceedings  of  the  com- 
mission, and  be  the  custodian  of  its  records,  and  file 
and  preserve  at  its  general  office  all  books,  maps,  docu- 
ments, and  papers  entrusted  to  its  care,  and  be  re- 
sponsible to  the  commission  for  the  same.  Under  the 
direction  of  the  commission,  be  shall  be  its  chief  execu- 
tive ofl[icer;  shall  have  general  charge  of  its  general 
office:  superintend  its  clerical  business,  conduct  Its 
correspondence,  be  the  medium  of  its  decisions,  rec- 
ommendations, and  requests,  prepare  for  service  such 
papers  and  notices  as  may  be  required  of  him  by  the 
commission,  and  perform  such  other  duties  as  the  com- 
mission may  prescribe;  and  he  shall  have  power  to 
administer  oaths  in  all  cases  pertaining  to  the  duties 
of  his  office.  He  shall  have  the  power  to  designate,  from 
time  to  time,  one  of  the  clerks  appointed  by  the  com- 
mission to  act  as  assistant  secretary  during  his  absence 
from  the  County  of  Dauphin,  and  the  clerk  so  appointed, 
for  the  time  designated,  shall,  within  the  County  of 
Dauphin  only,  possess  the  powers  conferred  by  this 
section  upon  the  secretary  of  the  commission. 

The  attorney  shall  attend  the  hearings  of  the  com- 
mission, conduct  the  examination  of  witnesses  when 
requested  to  do  so  by  the  commission,  assist  the  attorney- 
general  in  all  actions  brought  by  him  incidental  to  the 
recommendations  and  rulings  of  the  commission,  and  per- 
form such  other  duties  as  may  be  required  of  him  by 
the  commission. 

The  marshal  shall  attend  the  hearings  of  the  com- 
mission, serve  such  papers  as  the  commission  may 
direct,  and  perform  such  other  duties  as  may  be  re- 
quired by  the  commission. 

Accountant — Inspector — Clerks,  etc.  %  3.  The  commis- 
sion may  also,  as  occasion  may  require,  appoint,  to 
serve  during  its  pleasure,  the  following  officers,  or  any 
of  them:  An  accountant,  who  shall  be  thoroughly  skilled 
In  railroad  accounting,  and  who  shall,  under  the  direction 
of  the  commission,  make  examinations  of  the  books  and 
accounts  of  common  carriers,  supervise  the  quarterly 
and  annual  reports  made  by  them  to  the  commission, 
and  perforrii  such  other  duties  as  the  commission  may 
prescribe;  an  inspector,  who  shall  be  a  civil  engineer, 
skilled  in  railroad  affairs;  also  an  inspector,  who  shall 
be  an  expert  in  electrical  affairs;  each  of  whom  shall 
make  such  inspection  of  railroads  and  other  matters  re- 
lating thereto  as  directed  by  the  commission,  and  report 
to  it.  The  commission  may  also  employ  such  additional 
clerical  force  as  may  be  necessary  for  the  transaction 
of  its  business,  and  such  engineers,  accountants  and 
other  experts,  whose  services  they  may  deem  to  be  of 
temporary  importance  in  conducting  an  investigation 
authorized  by  law,  as  said  commission  may  deem  nec- 
essary. 

Oath  of  offlce — Eligibility.  §  4.  Each  commissioner  and 
every  person  appointed  to  office  by  the  commission 
shall,  before  entering  upon  the  duties  of  his  office,  take 
and  subscribe  the  constitutional  oath  of  office.  No 
person  shall  be  appointed  a  member  of  the  commission, 
or  hold  any  office,  place  or  position  under  it,  who  occu- 
pies any  official  relation  to  any  common  carrier,  doing 
business  in  the  State  of  Pennsylvania  or  elsewhere,  or 
owns  stocks  or  bonds   therein,  or  who  is  in  any  manner 


pecuniarily  interested  therein,  directly  or  indirectly; 
nor  shall  any  member,  officer  or  employe  of  the  commis- 
sion, either  personally  or  through  a  partner  or  agent, 
render  any  professional  services  for  or  against  any 
common  carrier  subject  to  the  provisions  of  this  Act, 
except  as  herein   provided. 

Principal  office — Meetings — Seal — Stationery — Supplies- — 
Quorum — General  rules — Record — Examinations  and  investi- 
gations. §  5.  The  principal  office  of  the  commission  shall 
be  in  the  city  of  Harrisburg,  in  rooms  designated  by  the 
board  of  public  grounds  and  buildings;  and  the  com- 
mission, or  a  quorum  thereof,  shall  meet  in  Harrisburg 
as  often  as  shall  be  requisite  for  the  performance  of 
its  duties. 

The  commission  shall  have  an  official  seal,  to  be 
prepared  by  the  secretary  of  the  commonwealth;  and 
its  offices,  upon  the  requisition  of  the  secretary  of  the 
said  commission,  shall  be  supplied  with  the  necessary 
stationery,  office  furniture  and  supplies  by  the  board 
of  public  grounds  and  buildings;  and  provision  for  the 
necessary  funds  for  the  same  shall  be  made  as  an  item 
in  the  board  of  public  grounds  and  buildings  fund  in 
the  general  appropriation  bill;  and  said  commission  shall 
have  prepared  for  it,  by  the  superintendent  of  public 
printing  and  binding,  the  necessary  books,  maps,  print- 
ing and  stationery  for  the  discharge  of  its  duties,  which 
shall   be   furnished   upon   the  requisition   of  its   secretary. 

The  commission  may  conduct  its  proceedings  in  such 
manner  as  will  best  conduce  to  the  proper  dispatch  of 
business  and  to  the  ends  of  justice.  A  majority  of 
the  commission  shall  constitute  a  quorum  for  the  tran- 
saction of  business;  but  no  commissioner  shall  partici- 
pate in  any  hearing  or  proceedings  in  which  he  has  any 
pecuniary  interest.  Said  commission  may,  from  time  to 
time,  make  or  amend  such  general  rules  or  orders  as 
it  may  determine  for  the  orderly  regulation  of  pro- 
ceedings before  it,  including  forms  of  notices  and  the 
service  thereof.  Any  party  may  appear  before  said 
commission,  and  be  heard  in  person  or  by  attorney. 
Every  vote  and  official  act  of  the  commission  shall  be 
entered  of  record,  and  its  proceedings  shall  be  public 
upon  the  request  of  either  party  interested.  All  ex- 
aminations or  investigations  made  by  the  commission 
may  be  held  and  taken  by  and  before  any  of  the  com- 
missioners, by  order  of  the  commission,  and  the  pro- 
ceedings, recommendations  and  decisions  of  such  single 
commissioner  shall  be  deemed  to  be  the  proceedings, 
recommendations  and  decisions  of  the  commission  when 
approved  and  confirmed  by  it. 

"Common  carrier"  defined.  §  6.  The  term  "common  car- 
rier," as  used  in  this  Act,  shall  apply  to  all  corporations, 
or  any  person  or  persons,  within  the  State,  engaged  in 
the  transportation  of  freight  or  passengers  by  means  of 
railroads  or  by  water,  or  partly  by  railroad  and  partly 
by  water,  including  electric  railway  companies,  street 
railway  companies,  elevated  railway  companies,  under- 
ground, elevated  or  subway  passenger  railway  com- 
panies, bridges  and  ferries,  when  used  in  connection 
with  the  transportation  of  freight  or  passengers  upon 
any  such  railroad  or  railway;  pipe-line  companies  en- 
gaged in  the  transportation  of  oil,  either  by  means  of 
pipe-lines,  or  by  water,  or  partly  by  means  of  pipe-lines 
and  partly  by  means  of  railroads  or  railways,  or  partly 
by  means  of  pipe-lines  and  partly  by  means  of  water; 
sleeping  and  drawing-room  car  companies  engaged  in 
transporting  passengers  upon  any  such  railroad;  ex- 
press companies  engaged  In  transporting  property  upon 
any  such  railroad,  electric  railway,  street  railway,  or 
by  water;    and  telegraph  or  telephone  companies. 

Power  and  authority  of  the  commission.  §  7.  The  com- 
mission shall  have  power  to  administer  oaths  in  all 
matters  in  relation  to  its  duties,  so  far  as  necessary  to 
enable  it  to  discharge  such  duties.  It  shall  have  full 
power  and  authority  to  inquire  into  the  management 
of  the  business  of  all  common  carriers,  including  freight 
and  passenger  rates  and  tariffs,  the  equitable  distribu- 
tion of  cars,  the  granting  of  sidings  and  regulation  of 
crossings,  the  location  of  freight  and  passenger  stations, 
the  adequacy  of  facilities  for  the  carriage  and  trans- 
portation of  freight  and  passengers,  the  use  and  com- 
pensation for  cars  owned  or  controlled  by  persons  other 
than    the    carrier,    and,    generally,    all    matters    incident 


12b4 


National  Association  of  Railway  Commissioners 


to  the  performance  of  their  public  duties,  and  their 
compliance  with  the  provisions  of  their  charters  and  the 
laws  of  the   land. 

Complaints  —  Petition  —  Reparation  —  Investigation — 
Inquiry — Decision  and  recommendation.  §  8.  Any  person, 
firm,  corporation,  or  any  mercantile,  agricultural,  or 
manufacturing  society,  or  any  body  politic  or  municipal 
organization  complaining  of  anything  done  or  omitted 
to  be  done  by  any  common  carrier,  subject  to  the 
provisions  of  this  Act,  in  violation  of  law  or  of  any 
decision,  regulation  or  recommendation  of  the  commis- 
sion, may  apply  to  the  commission  by  petition,  which 
shall  briefly  state  the  facts;  whereupon  a  statement 
of  the  charges  thus  made  shall  be  forwarded  by  the 
commission  to  such  common  carrier,  who  shall  be  called 
upon  to  satisfy  the  complaint,  or  to  answer  the  same. 
In  reasonable  time,  to  be  specified  by  the  commission. 
If  such  common  carrier,  within  the  time  specified,  shall 
make  reparation  for  the  injury  alleged  to  have  been 
done,  Btld  carrier  shall  be  relieved  of  liability  to  the 
complainant,  only  for  the  specific  violation  of  law  com- 
plained of.  If  such  common  carrier  shall  not  satisfy  the 
complaint,  within  the  time  specified,  and  there  shall 
appear  to  be  any  reasonable  ground  for  investigating 
said  complaint,  it  shall  be  the  duty  of  the  commission 
to  Investigate  the  matters  complained  of,  in  such  manner 
and  by  such  means  as  it  shall  deem  proper.  Said 
commission  may  Institute  any  inquiry  of  its  own  motion. 
In  the  same  manner  and  to  the  same  effect  as  though 
complaint  had  been  made.  No  complaint  shall,  at 
any  time,  be  dismissed  because  of  the  absence  of  direct 
damage  to  the  complainant.  The  commission  is  au- 
thorized and  empowered,  and  it  shall  be  its  duty,  when- 
ever, after  full  hearing  upon  a  complaint  as  aforesaid. 
It  shall  be  of  the  opinion  that  any  of  the  rates  or 
charges  whatsoever,  demanded,  charged  or  collected  by 
any  common  carrier  or  carriers,  subject  to  the  pro- 
visions of  this  Act  are  unjust  or  unreasonable,  or  un- 
justly discriminatory  or  unduly  preferential  or  preju- 
dicial, or  otherwise  in  violation  of  any  provision  of 
law,  or  that  any  regulation  or  practice  in  respect  to 
transportation  is  unjust,  unfair  or  unreasonable,  and 
In  violation  of  law,  to  decide  and  recommend  what  will 
be  the  just  and  reasonable  rate  or  rates,  charge  or 
charges,  to  be  thereafter  observed  in  such  case  as  the 
maximum  to  be  charged,  and  what  regulation  or  prac- 
tice in  respect  to  transportation  is  just,  fair  and  reason- 
able, to  be  thereafter  followed. 

Participation  of  oioner— Reasonable  charge.  §  9.  If  the 
owner  of  property  transported  by  common  carriers  sub- 
ject to  the  provisions  of  this  Act,  directly  or  indirectly 
renders  any  service  connected  with  such  transportation, 
or  furnishes  any  instrumentality  used  therein,  the  charge 
and  allowance  therefor  shall  not  be  more  than  is  just 
and  reasonable,  and  the  commission  may,  after  hearing 
on  a  complaint,  determine  what  is  a  reasonable  charge 
as  the  maximum  to  be  paid  by  the  carrier  or  carriers 
for  the  service  so  rendered  or  for  the  instrumentality 
so  furnished. 

Right  of  entry — Examination — Disobedience  of  subpoena 
— Order  of  court — Claim  of  tendency  to  incriminate — Per- 
jury— Absentee— Contempt — Fine — Penalty.  §  10.  The  com- 
missioners, or  any  of  them.  In  the  performance  of  their 
official  duties,  or  any  person  in  the  office  of  said  com- 
mission and  specially  delegated  by  the  commission  for 
that  purpose,  may  enter,  and  remain  during  business 
hours  in  the  cars,  offices  and  depots,  and  upon  the 
railroads  of  any  common  carrier,  within  the  State  or 
doing  business  therein,  and  may  examine  the  books  and 
affairs  of  any  such  common  carrier;  and  in  all  pro- 
ceedings before  the  commission,  under  a  complaint  duly 
filed,  the  commission  shall  have  power  to  require,  by 
subpoena,  the  attendance  and  the  testimony  of  the  wit- 
nesses, and  the  production  of  all  books,  papers,  tariffs, 
contracts,  agreements,  and  documents  relating  to  any 
matter   embraced   within   said   complaint. 

And  In  case  of  disobedience  to  a  subpoena,  the  com- 
mission, or  any  party  to  a  proceeding  before  the  com- 
mission, may  Invoke  the  aid  of  a  court  of  common  pleas, 
within  whose  jurisdiction  the  complaint  is  carried  on. 
In  requiring  the  attendance  and  testimony  of  witnesses, 
and  the  production  of  books,  papers  and  documents, 
under  the  provisions  of  this  section. 


Any  of  the  common  pleas  courts  of  this  State,  within 
whose  jurisdiction  such  hearing  or  complaint  is  being 
carried  on,  may,  in  case  of  contumacy  or  refusal  to 
obey  a  subpcena,  issue  to  any  common  carrier  subject 
to  the  provisions  of  this  Act,  or  other  persons,  an  order 
requiring  such  common  carrier  or  other  person  to  ap- 
pear before  said  commission — and  produce  books  and 
papers,  if  so  ordered — and  give  evidence  touching  the 
matter  in  question;  and  any  failure  to  obey  such  order 
of  the  court  may  be  punished  by  said  court  as  contempt 
thereof. 

The  claim  that  any  such  testimony  or  evidence,  docu- 
mentary or  otherwise,  may  tend  to  criminate  the  wit- 
ness giving  such  evidence,  or  subject  him  to  penalty 
of  forfeiture,  shall  not  excuse  such  witness  from  testi- 
fying; but  no  person  shall  be  prosecuted,  or  subjected 
to  any  penalty  or  forfeiture,  for  or  on  account  of  any 
transaction,  matter,  or  thing  concerning  which  he  may 
testify  or  produce  evidence,  documentary  or  otherwise, 
before  said  commission,  or  in  obedience  to  to  its  sub- 
poena or  the  subpcena  of  the  said  court:  Provided, 
That  no  person  testifying  shall  be  exempt  from  prose- 
cution and  punishment  for  perjury  in  so  testifying.  If 
such  person  be  an  officer  or  director  of  a  common  carrior 
subject  to  the  provisions  of  this  Act,  being  a  party  o 
the  proceedings  before  the  commission,  or  if  any  persoi, 
being  an  officer  or  director  of  such  common  carrier, 
shall  absent  himself  from  the  jurisdiction  of  the  State, 
or  conceal  himself,  for  the  purpose  of  avoiding  servli  e 
of  such  subpcena,  he  shall  be  adjudged  guilty  of  co  i- 
tempt;  and  the  said  court  of  common  pleas  may  In- 
pose  a  fine,  not  less  than  $100  for  each  day  during  tl  e 
continuance  of  such  refusal  or  neglect;  and  if  tie 
said  court  shall  find  that  the  neglect  or  refusal  of  such 
witness  is  occasioned  by  the  advice  or  consent  of  such 
common  carrier,  in  default  of  payment  of  said  fin ;, 
the  same  shall  be  collected  from  said  common  carrier 
by  an  action  in  the  said  court  of  common  pleas  la 
any  county  in  the  State,  as  other  like  fines  and  pe:i- 
alties  are  now  recovered  by  law.  Imprisonment  f(  r 
contempt  shall  be  by  commitment  to  the  county  jail  <f 
the   county    in   which   such    hearing   is   held. 

Hearing  as  to  proposed  change  of  laws — Drafting  ■  f 
bills.  §  11.  The  commission  may  also  take  testimony  upo  i, 
and  have  a  hearing  for  and  against,  any  propose  1 
change  of  law  relating  to  common  carriers,  or  of  tl  e 
general  railroad  law,  if  requested  to  do  so  by  the  se  - 
retary  of  internal  affairs,  the  legislature,  or  by  tl  e 
committee  on  railroads  of  the  senate  or  house  of  re  i- 
resentatives,  or  by  the  governor;  and  may  take  sue  ;i 
testimony,  and  have  such  a  hearing,  when  request*  i 
by  any  of  said  common  carriers,  corporation  or  perse  n 
interested;  and  shall  recommend  and  draft  such  bll  s 
as  will,  In  Its  judgment,  protect  the  interests  of  tl  e 
public  In  connection  with  the  common  carriers. 

Filing  of  annual  reports  of  common  carriers — Investig  i- 
tion  of  causes  of  accidents.  §  12.  The  commission  may  r?- 
quire  every  common  carrier,  subject  to  its  jurisdiction,  ■  o 
file  with  it  a  copy  of  Its  annual  reports,  as  filed  with  tl  e 
Interstate  Commerce  Commission  of  the  United  States  ; 
and  as  to  all  common  carriers  subject  to  this  Act,  at  d 
not  subject  to  the  Interstate  Commerce  Commissio  i, 
may  require  that  such  common  carriers  file  annu  il 
reports  in  the  form  prescribed  by  the  commission. 

Notice  to  corporation— Examination  of  hooks — Commis- 
sions. §  13.  The  commission  shall  Investigate  the  cau  ;e 
of  any  accident  on  the  lines  or  property  of  any  commc  n 
carrier,  resulting  in  loss  of  life  or  injury  to  persons, 
within  30  days  of  the  happening  of  said  accident,  whea. 
In  their  judgment,  said  accident  shall  require  investiga- 
tion; and  shall  advise  said  common  carrier  of  the 
result  of  said  investigation,  within  60  days  from  tli« 
happening  of  said  accident,  and  shall  include  the  re- 
sult of  said  Investigation  in  their  reports.  Before  making 
any  such  examination  or  investigation,  under  this  section, 
reasonable  notice  shall  be  given  to  the  corporation, 
person,  or  persons,  conducting  and  managing  such  com- 
mon carrier,  of  the  time  and  place  of  commencing  the 
same.  The  general  superintendent  or  manager  of  every 
common  carrier  shall  Inform  the  commission  of  any 
such    accident    Immediately    after   its    occurrence. 

If  the  examination  of  the  books  and  affairs  of  a 
common    carrier,    or   of   witnesses    In    its    employ,    shall 


Public  Service  Laws 


1205 


be  necessary  in  the  course  of  any  hearing  on  com- 
plaint, as  hereinbefore  provided,  or  examination  or  in- 
vestigation into  its  affairs,  the  commission,  or  a  member 
thereof  designated  by  it,  shall  sit  for  such  purpose,  in 
the  city  or  town  of  this  State  where  the  principal 
business  office  of  such  common  carrier  is  situated,  if 
requested  so  to  do  by  the  common  carrier;  but  the 
commission  may  require  copies  of  books  and  papers, 
or  abstracts  thereof,  to  be  sent  to  it  to  any  part  of 
the  State.  The  commission  may  issue  commissions  to 
take  the  testimony  of  absent,  infirm  or  waygoing  wit- 
nesses,  according  to  tjie  rules  of  the   courts  of  equity. 

Recommendations  as  to  crossings — Recommendation  as 
to  schedules  or  tariffs.  §  14.  The  commission  shall  have 
po\y€r  to  recommend  the  manner,  under  existing  laws, 
in  which  one  railroad,  street  railway,  electric  railway, 
or  other  common  carrier,  may  cross  another  railroad, 
street  railway,  or  electric  railway,  at  grade,  or  above 
or  below  grade,  and  what  safety  appliances  and  regula- 
tions should  be  adopted  at  such  crossings,  or  at  exist- 
ing grade  crossings  of  railroads,  street  railways,  elec- 
tric railways,  or  other  common  carriers,  with  other 
railroads,  street  railways  and  electric  railways,  for  the 
protection  of  the  public  and  the  prevention  of  accidents. 

The  commission  shall  also  have  power  to  recommend 
the  form  in  which  schedules  or  tariffs  of  rates,  fares, 
charges  and  distribution  of  cars  shall  be  posted  and 
published,  and  make  such  change  or  changes  therein, 
from  time  to  time,  as  shall  be  found  expedient. 

Violations  of  laws — Certificate  to  attorney-general.  §  15. 
If  it  shall  appear  to  the  commission  that  any  common 
carrier,  subject  to  the  provisions  of  this  Act,  has  vio- 
lated any  provision  of  law,  or  neglected  in  any  respect 
to  comply  with  the  terms  of  its  charter,  or  unjustly 
discriminates  In  its  charges  for  services,  or  usurps  any 
authority  not  granted  by  law,  it  shall  give  notice,  in 
writing,  thereof  to  the  said  common  carrier;  and,  if  the 
violation,  neglect,  or  refusal  is  continued  after  such 
notice,  the  commission  shall  forthwith  certify  the  matter 
to  the  attorney-general  of  the  commonwealth  for  such 
action,  according  to  law,  as  the  public  interests  may 
require. 

Decision,  rulings,  etc.,  to  6e  forwarded  to  common  car- 
riers— Modifications  of  decisions  and  rulings.  §  16.  Every 
recommendation,  decision  or  ruling  of  the  commission 
shall  be  forthwith  forwarded  by  mail  to  the  president, 
secretary  or  other  chief  officer  of  the  common  carrier 
affected  thereby,  at  his  usual  place  of  business,  and 
a  copy  thereof  and  the  registered  mail  receipt  shall  be 
prima  facie  evidence  of  the  receipt  of  said  recommenda- 
tion, decision  or  ruling  by  the  person  to  whom  addressed, 
in  due  course  of  mail. 

The  commission  is  authorized  to  modify  its  rec- 
ommendations, decisions  or  rulings,  upon  such  notice 
and  in  such  manner  as  it  shall  deem  proper.  It  shall 
be  the  duty  of  said  common  carrier,  within  30  days 
from  the  receipt  of  notice  of  the  making  of  any  rec- 
ommendation, decision  or  ruling,  to  notify  the  com- 
mission of  Its  intention  to  comply  or  to  refuse  to  comply 
therewith. 

Excessive  rates  or  charges — Repairs,  additions,  etc. — 
Additional  stations — Train  service,  etc. — Terminal  facilities 
— Notice — Refusal  or  neglect — Certificate  to  secretary  of 
internal  affairs  and  attorney-general — Increase  of  capital 
stock,  honds,  etc. — Investigation — Report.  §  17.  If,  after 
an  examination  of  the  same.  It  shall  appear  to  the  com- 
mission that  any  of  the  rates  or  charges  established  or  de- 
manded by  any  common  carrier  are  excessive  and  unreason- 
able; or  that  repairs,  additions,  alterations  or  changes  in 
or  upon  any  property  of  a  common  carrier,  subject  to  the 
provisions  of  this  Act,  and  used  by  it  as  such,  are  neces- 
sary; or  that  any  additional  stations  are  necessary;  or 
additional  train  service  to  any  station,  or  that  any  addition 
to  the  rolling  stock,  or  any  addition  to  or  change  of 
a  station  or  Station  houses  are  necessary,  or  that 
additional  terminal  facilities  should  be  afforded;  or 
that  any  change  of  the  rates  of  fare  for  transporting 
freight  or  passengers,  or  in  the  mode  of  operating  the 
road,  or  conducting  its  business,  are  reasonable  and 
expedient,  in  order  to  promote  the  security,  convenience 
and  accommodation  of  the  public — the  commission  shall 
give  notice  thereof,  and  information  in  writing  to  the 
common  carrier  of  the  improvement  and   changes  which 


said  commission  deem  proper,  and  shall  give  such 
common  carrier  an  opportunity  for  a  full  hearing  in 
relation  thereto;  and  if  the  common  carrier  refuses  or 
neglects  to  make  such  repairs,  improvements  or  changes 
within  a  reasonable  time  after  such  information  and 
hearing,  or  fails  to  satisfy  the  commission  that  no  action 
is  required  to  be  taken  by  it,  the  commission  shall 
certify  to  the  secretary  of  internal  affairs  and  the 
attorney-general  of  the  commonwealth  the  facts  re- 
lating thereto,  for  their  action  according  to  law,  as  the 
public  interests  may  require,  and  report  the  same  in 
detail  in  its  next  succeeding  report  to   the  governor. 

The  commission  may,  whenever  in  its  opinion  the 
public  interests  require,  in  connection  with  any  pro- 
posed increase  in  the  capital  stock,  bonds  or  other 
fixed  indebtedness  of  any  common  carrier  subject  to 
the  provisions  of  this  Act,  employ  competent  experts 
to  investigate  the  character,  cost  and  valuation  of  the 
property  of  such  common  carrier,  and  the  necessity 
for  the  proposed  increase  of  capital  or  indebtedness, 
and  shall  report  to  the  secretary  of  internal  affairs  of 
the  commonwealth  the  result  of  such  investigation, 
for  his  consideration  and  action. 

Legal  rights  and  liaMlities  of  common  carrier.  §  18. 
No  examination,  request  or  advice  of  the  commission, 
nor  any  investigation  or  report  made  by  it,  shall  impair 
in  any  manner  or  degree  the  legal  rights,  duties  or  obli- 
gations of  any  common  carrier,  or  its  legal  liabilities 
for  the  consequences  of  its  act,  or  of  the  neglect  or 
mismanagement  of  any  of  its  agents  or  employes. 

Information  shall  he  supplied  by  common  carrier — Cop- 
ies of  contracts,  leases,  etc. — Enumeration  of  powers.  §  19. 
Every  common  carrier  subject  to  the  provisions  of  this 
Act.  shall,  on  request,  furnish  the  commission  any 
necessary  information  required  by  said  commission  con- 
cerning the  rates  of  freight,  for  transporting  freight 
and  passengers  upon  its  road  and  other  roads  with  which 
its  business  is  connected,  and  the  condition,  manage- 
ment and  operation  of  its  road,  and  shall,  on  request, 
furnish  to  the  commission  copies  of  all  contracts  and 
agreements,  leases  or  other  engagements  entered  into 
by  it  with  any  person  or  corporation.  The  commissioners 
shall  not  give  publicity  to  such  information,  contracts, 
agreements,  leases  or  other  engagements,  if,  in  their 
judgment,  the  public  interest  does  not  require  it,  or 
the  welfare  and  prosperity  of  the  common  carriers  of 
the  State  might  be  thereby  affected.  The  enumeration 
of  powers,  as  herein  set  forth,  shall  not  exclude  any 
power  which  the  commission  would  otherwise  have 
under  the   provisions  of  this   Act. 

Issuing  of  subpoenas — Fees  of  witnesses — Mileage — Fees 
for  transcript,  etc. — Disposition  of  fees.  §  20.  All  sub- 
ptfinas  shall  be  issued  by  the  secretary,  when  directed 
by  the  commission  or  by  any  two  members  thereof,  and 
may  be  served  by  any  person,  of  full  age,  authorized  by 
the  commission  to  serve  the  same.  '  The  fees  of  wit- 
nesses before  the  commission  shall  be  $2  for  each 
day's  attendance,  and  five  cents  for  every  mile  of 
travel,  by  the  nearest  generally  traveled  route,  in  going 
to  and  returning  from  the  place  where  the  attendance 
of  the  witness  is  required.  The  fees  for  service  of  sub- 
poenas shall  be  the  same  as  those  allowed  sheriffs  for 
similar  services,  and  such  fees  and  the  fees  and  mileage 
of  witnesses  shall  be  audited  by  the  auditor-general, 
and  paid  by  the  State  treasurer  on  a  certificate  of  the 
secretary  of  the  commission,  out  of  moneys  appropriated 
for  such  purposes. 

The  commission  shall  charge  and  collect  the  follow- 
ing fees:  For  copies  of  papers  and  records,  not  required 
to  be  certified  or  otherwise  authenticated  by  the  com- 
mission, 10  cents  for  each  folio  of  one  hundred  words; 
for  certified  copies  of  official  documents  filed  in  its 
office,  15  cents  for  each  folio,  and  $1  for  every  cer- 
tificate, under  seal,  afljxed  thereto;  for  each  certi- 
fied copy  of  the  quarterly  report  made  by  a  railroad 
corporation  to  the  commission,  50  cents;  for  each 
certified  copy  of  evidence  and  for  proceedings  before 
the  board,  15  cents  for  each  folio.  No  fees  shall  be 
charged  or  collected  for  copies  of  papers,  records  or 
oflicial  documents  furnished  to  public  officers  for  use 
in  their  official  capacity,  or  for  the  annual  reports  of  the 
commission  in  the  ordinary  course  of  distribution.  All 
fees   charged   and   collected   by   the   commission   shall    be 


1206 


National  Association  of  Railway  Commissioners 


paid,  as  received,  to  the  State  treasurer,  for  tiie  use  of 
tlie  commonwealth,  accompanied  by  a  detailed  statement 
thereof,  a  copy  of  which  shall  be  filed  with  the  auditor- 
general. 

Annual  report  of  commission — Contents — Publication  of 
report^Copies  of  documents  as  evidence — Certifying  of  de- 
cisions, rulings,  etc.  §  21.  The  commission  shall  make  an 
annual  report  on  or  before  the  second  Monday  of  January 
in  each  year  to  the  governor,  and  a  duplicate  thereof  shall 
be  filed  with  the  secretary  of  internal  affairs,  which  shall 
contain: 

First.  A  record  of  their  meetings,  and  an  abstract 
of  their  proceedings   during   the   preceding   year. 

Second.  The  result  of  any  examination  or  investiga- 
tion  made   by   them. 

Third.  Such  statements,  facts  and  explanations  as 
will  disclose  the  actual  workings  and  operations  of 
common  carriers  in  their  relations  to  the  business  and 
prosperity  of  the  State;  and  such  suggestions  as  to  the 
general  policy  of  the  State,  or  the  amendment  of  its 
laws,  or  the  condition,  affairs  or  conduct  of  any  common 
carrier,   as   may   seem   to   them   appropriate. 

Fourth.  Drafts  of  all  bills  suggested  or  recommended 
by  them,  and  the  reasons  therefor. 

Fifth.  Such  tables  and  abstracts  of  all  the  reports 
of  all  the  common  carriers  as  they  may  deem  expedient. 

Sixth.  A  statement  in  detail  of  the  traveling  ex- 
penses and  disbursements  of  the  commissioners,  their 
clerks,  marshal  and  experts. 

Two  thousand  five  hundred  copies  of  the  report,  with 
the  reports  of  the  common  carriers  of  the  State,  shall 
be  printed  as  a  public  document  of  the  State,  bound  in 
cloth,  for  the  use  of  the  commissioners,  and  to  be 
distributed  by  them,  in  their  discretion,  to  the  officers 
of  the  common  carriers  and  other  persons  interested 
therein. 

Copies  of  all  official  documents,  filed  or  deposited, 
according  to  law,  in  the  office  of  the  commission,  shall 
be   evidence   in    like   manner  as   the   original. 

Copies  shall  be  supplied  complainant  and  common  car- 
rier—Power and  authority  of  secretary  of  internal  affairs. 


§  22.  The  commission  shall  certify  each  of  its  decisions, 
rulings  and  recommendations  to  the  secretary  of  internal 
affairs  of  the  commonwealth  and  the  attorney-general, 
for  their  consideration  and  action  according  to  law,  as 
the  public  interests  may  require.  Copies  of  said  de- 
cisions, rulings  and  recommendations  shall  be  furnished 
to  the  complainant  and  the  common  carrier  or  carriers 
affected   thereby. 

Nothing  in  the  Act  shall  be  construed  to  impair  the 
power  and  authority  of  the  secretary  of  internal  affairs 
in  the  exercise  of  the  general  supervision  over  rail- 
roads, canals  and  other  transportation  companies,  vested 
in  him  by  the  constitution  and  laws  of  this  common- 
wealth. 

Salaries.  §  23.  The  annual  salary  of  each  commissioner 
shall  be  $8,000;  of  the  secretary,  $4,000;  of  the  attorney, 
$4,000;  of  the  marshal,  $2,500;  and  the  compensation  of 
the  accountant  and  of  the  inspector  and  of  such  other 
employes  as  the  commission  may  from  time  to  time 
employ,  shall  be  such  sums  as  the  commission  may 
fix.  In  the  discharge  of  their  official  duties,  the  com- 
missioners shall  have  reimbursed  to  them  the  necessary 
and  actual  traveling  expenses  and  disbursements  of 
themselves,  their  officers,  clerks  and  experts.  All  salarle;? 
and  disbursements,  when  properly  certified  by  the  sec- 
retary of  the  commission,  shall  be  audited  and  allowed 
by  the  auditor-general,  who  shall  draw  his  warrant 
therefor  upon  the  State  treasurer,  to  be  paid  out 
moneys  appropriated  for  such   purposes. 

Total  annual  expense — Appropriation.  §  24.  The  to 
annual  expense  of  the  commission  in  carrying  into  effec: 
the  provisions  of  this  Act  shall  not  exceed  $100,000;  and 
the  sum  of  $150,000,  or  so  much  thereof  as  may  bo 
necessary,  is  hereby  specifically  appropriated  for  thi^ 
payment  of  said  expenses  for  the  fiscal  years  endinic 
May  31,  A.  D.  1909. 

Act  to  go  into  effect.  §25.  This  Act  shall  go  Into 
effect  on  the  first  Monday  of  January,  A.  D.  1908;  and  all 
laws  or  parts  of  laws  Inconsistent  herewith  are  hereb' 
repealed. 


rani 


PUBLIC   SERVICE  LAWS  OF  RHODE   ISLAND 


d 


CONSTITUTIONAL  PROVISIONS. 

ARTICLE  IV. 

ARTICLE  OP  AMENDMENT  ADOPTED  NOVEMBER,  1892. 

§  1.  Hereafter  the  general  assembly  may  provide  by 
general  law  for  the  creation  or  control  of  corporations: 
Provided,  however,  that  no  corporation  shall  be  created 
with  the  power  to  exercise  the  right  of  eminent  do- 
main, or  to  acquire  franchises  in  the  streets  and  high- 
ways of  towns  and  cities,  except  by  a  special  Act  of 
the  general  assembly  upon  a  petition  for  the  same,  its 
pendency  whereof  shall  be  notified  as  may  be  required  by 
law. 

§  2.  This  amendment  shall  take  in  the  constitution  the 
place  of  §  17  of  article  IV  of  the  Legislative  Power, 
and  shall  be  deemed  to  be  in  amendment  of  said 
article  and  section. 

STATUTE  LAW. 

R.MLKO.VD  lOM.MIS.SIONKU — POWERS,   ETC. 

CHAPTER  215. 

Appointed  by  governor.  §  1.  There  shall  he  a  railroad 
commissioner  who  shall  perform  the  duties  enumerated 
In  this  chapter  and  such  others  as  are  or  may  be  from 
time  to  time  provided  by  law.  At  the  January  session 
of  the  general  assembly  in  the  year  A.  D.  1910,  and  in 
each  third  year  thereafter,  the  governor,  with  the  advice 
and  consent  of  the  senate,  shall  appoint  some  person 
to  be  railroad  commissioner  to  succeed  the  person  then 
holding  such  office;  and  the  person  so  appointed  shall 
hold  his  office  until  the  first  day  of  February  in  the 
third  year  after  his  appointment.  Any  vacancy  which 
may  occur  in  said  office  when  the  senate  is  not  in 
session  shall  be  filled  by  the  governor  until  the  next 
Bession    thereof,    when    he    shall,    with    the    advice    and 


fi 


II 


consent    of     the     senate,     appoint     some     person     to 
such  vacancy  for  the  remainder  of  the  term. 

Deputy  railroad  commissioner,  how  appointed,  an  I 
duties  of.  §  2.  The  governor  may,  upon  the  recommends  • 
tion  of  the  railroad  commissioner,  appoint  a  deput  • 
railroad  commissioner  who  shall  perform  the  duties  c  f 
the  railroad  commissioner  during  any  absence  of  sal  I 
commissioner  from  the  State. 

Salary  of  railroad  commissioner  and  of  deputy. 
The  annual  salary  of  the  railroad  commissioner  sha 
be  $2,500;  that  of  the  deputy  railroad  commissione  , 
$500.  The  railroad  commissioner  shall  also  be  alloweJ 
such  office,  traveling  and  clerical  expenses  as  shall  be 
approved  by  the  governor,  to  be  paid  upon  the  ord«  r 
of  the  State  auditor  out  of  any  money  in  the  treasury  n<  t 
otherwise   appropriated. 

Salary  and  expenses  of  commissioner  to  be  borne  by  tl  e 
railroad  corporations.  §4.  The  total  annual  expense,  In- 
cluding salary,  of  the  railroad  commissioner,  excepting  on^y 
the  cost  of  printing  and  binding  the  annual  repo  t 
required  by  law  to  be  made  to  the  general  assembl  •', 
shall  not  exceed  $4,000,  and  shall  be  borne  by  the  se.-- 
eral  corporations,  whether  operated  by  steam  or  oth<'r 
power,  owning  or  operating  railroads,  according  to  their 
means,' to  be  apportioned  by  the  general  treasurer,  who, 
on  or  before  the  first  day  of  August  in  each  year, 
shall  assess  upon  each  of  such  corporations  its  proportic'n 
of  such  expenses,  one-half  in  proix)rtion  to  its  gro^s 
receipts  for  the  fiscal  year  next  preceding  that  in 
which  the  assessment  is  made,  and  one-half  in  proportion 
to  the  length  of  its  main  road  and  branches:  Provided, 
that  each  corporation  whose  line  of  road  lies  partly 
within  and  partly  without  the  State  shall  in  respect  of  its 
gross  receipts  be  assessed  on  a  part  bearing  the  same 
proportion  to  its  gross  receipts  that  the  line  of  its  road 
within  the  State  bears  to  the  whole  length  of  road,  and 


Public  Service  Laws 


120r 


in  respect  of  its  main  road  and  branches  shall  be  as- 
sessed only  on  that  part  which  lies  within  the  State. 
Such  assessment  shall  be  paid  to  the  general  treasurer 
within  60  days   from   the  date  thereof. 

Powers  of  the  railroad  coinmissioner.  §  5.  The  railroad 
commissioner  shall,  whenever  he  shall  deem  it  expedient, 
personally  examine  into  the  proceedings  of  any  railroad 
corporation  authorized  and  established  in  this  State, 
and  reiKirt  to  the  general  assembly  from  time  to  time 
whether  such  facilities  and  accommodations  as  are 
required  by  this  chapter  are  furnished,  and  into  all 
other  acts  and  doings  of  any  such  corporation,  whereby 
the  rights  and  privileges  of  this  State  or  of  any  of  its  citi- 
zens may  be  affected.  The  railroad  commissioner  shall 
have  the  right  in  his  official  capacity  to  enter  and  re- 
main during  business  hours  in  the  cars,  offices  and 
depots,  and  upon  the  railroads  of  any  railroad  company 
in  this   State,   in   the   performance  of  official   duties. 

To  investigate  accidents — Other  powers.  §  6.  It  shall 
be  the  duty  of  the  railroad  commissioner  to  investigate 
the  causes  of  any  accident  on  a  railroad  resulting  in 
the  loss  of  life,  or  injury  to  person  or  persons,  which  in 
his  judgment"  shall  require  investigation;  and  it  is 
hereby  made  the  duty  of  the  general  superintendent 
or  manager  of  each  railroad  in  the  State  to  inform 
said  railroad  commissioner  in  writing  of  any  such  acci- 
dent immediately  after  its  occurrence;  and  every  cor- 
poration that  shall  refuse  or  wilfully  neglect  to  give  the 
information  aforesaid  shall  be  fined  $100  for  every  day  that 
such  neglect  shall  continue,  feefore  proceeding  to  make 
any  such  investigation  he  shall  give  reasonaljle  notice 
to  the  person  or  persons  managing  said  railroad  cor- 
poration, of  the  time  and  place  of  entering  upon  said 
investigation.  Said  railroad  commissioner  shall  have 
power,  for  the  purposes  provided  for  in  this  chapter,  to 
examine  the  books  and  affairs  of  any  railroad  corporation, 
and  to  compel  the  production  of  copies  of  books  and 
papers,  subpoena  witnesses,  administer  oaths  to  them 
and  compel  their  attendance,  as  though  such  subpoena 
had  issued  from  a  court  of  record  of  this  State.  The 
fees  of  witnesses  before  said  railroad  commissioner 
shall  be  $1.50  for  each  day's  attendance,  and  10  cents 
per  mile  traveled  by  the  nearest  practicable  route  in 
going  to,  and  returning  from,  the  place  where  the  attend- 
ance of  the  witness  is  required.  Fees  of  witnesses  shall 
be  paid  by  the  general  treasurer,  upon  the  order  of 
the  State  auditor,  out  of  any  moneys  in  the  treasury 
unappropriated,  on  the  certificate  of  said  railroad  com- 
missioner, which  shall  state  the  number  of  days  each 
witness  attended  and  the  number  of  miles  traveled. 
The  officer  who  shall  serve  any  subpoena  upon  witnesses 
shall  be  paid  at  the  same  rate  as  is  now  provided  by  law 
for  subpoenaing  witnesses  for  the  Superior  Court,  and 
in  the  same  manner. 

To  furnish  persons  injured,  or  friends  of  persons  killed, 
certain  information.  §  7.  The  railroad  commissioner  shall 
without  charge,  upon  request  therefor  in  writing,  furnish 
any  person  injured,  or  the  friends  of  any  person  killed, 
any  information  he  shall  have  obtained  in  relation  to  the 
manner  by  which  said  person  was  killed  or  injured, 
with  the  names  of  the  persons  from  whom  the  same  was 
obtained. 

Returns  to  the  railroad  commissioner.  §  8.  The  rail- 
road commissioner  shall  have  power  to  prescribe  the  form 
of  returns  to  be  made  to  him,  and  he  shall,  on  or  before 
the  first  day  of  June  in  each  and  every  year,  furnish 
to  the  superintendent,  general  manager  or  treasurer  of 
every  railroad  corporation  doing  business  or  operating 
a  railroad  in  this  State,  or  organized  under  the  laws  of 
this  State,  a  blank  form  of  report,  which  shall  be  filled 
out  and  returned  to  said  railroad  commissioner  on  or 
before  the  first  day  of  September  next  ensuing.  Every 
railroad  corporation  that  shall  refuse  or  neglect  to 
comply  with  the  provisions  of  this  section  shall  be 
fined  $25  for  each  day  that  such  neglect  shall  continue 
after  said   first  day  of  September. 

Commissioner  must  make  annual  report  to  the  general 
assembly.  §  9.  The  railroad  commissioner  shall  annually 
report  to  the  general  assembly  at  its  January  session 
the  condition  and  proceedings  of  the  several  railroad  cor- 
porations, so  far  as  the  public  interest  may  require, 
with  such  suggestions  and  recommendations  as  he  may 
deem  necessary  or  expedient. 


The  word  "railroad"  defined.  §  10.  The  word  "rail- 
road," as  used  in  this  chapter,  except  in  §  12,  shall  be  con- 
strued so  as  to  include  all  so-called  tramways  and  all 
other   railroads   operated   by   steam   or  other   power. 

Railroads  must  furnish  facilities,  etc.  §  11.  Every  rail- 
road corporation  doing  business  or  owning  any  railroad, 
wholly  or  in  part  within  the  limits  of  this  State,  shall 
furnish  reasonable  and  proper  facilities  and  accommo- 
dations on  the  line  of  its  road,  within  its  limits,  for 
the    transportation    of   passengers   and   merchandise. 

Passengers  allowed  SO  pounds  personal  baggage  free. 
S  12.  Every  passenger  upon  a  railroad  within  the  limits 
of  this  State  shall  have  the  privilege  of  taking  with 
him  upon  any  train,  on  which  he  is  a  passenger,  personal 
baggage  not  exceeding  80  pounds  in  weight,  without  any 
charge  on  the  part  of  the  railroad  company  transporting 
the  same,  except  the  railroad  fare  of  such  passenger; 
and  bicycles  are  hereby  declared  to  be,  and  are  decreed 
to  be,  baggage,  within  the  meaning  of  this  section,  and 
shall  be  by  such,  railroad  companies  transported  as  bag- 
gage, subject  to  the  same  liabilities:  Provided,  however, 
that  no  railroad  company  shall  be  required  to  transport 
more  than  one  bicycle  for  a  single  person,  and  no  such 
passenger  shall  be  required  to  crate,  cover  or  otherwise 
protect  any  such  bicycle. 

(Supervision  of  road.  §  13.  The  president  and  dfrectorB 
of  every  railroad  corporation  shall  maintain,  by  them- 
selves or  by  an  executive  committee  of  the  directors, 
a  watchful  supervision  over  the  management  of  their 
road. 

Warning  bell.  §  14.  Every  railroad  corporation  shall 
cause  a  bell  of  at  least  ?,2  pounds  in  weight  to  be  placed 
on  each  locomotive  engine  passing  upon  its  road,  and  said 
bell  shall  be  rung  at  a  distance  of  at  least  80  rods  from 
the  place  where  such  railroad  crosses  any  turnpike, 
highway  or  public  way  upon  the  same  grade  with  the 
railroad,  and  shall  be  kept  ringing  until  the  engine  has 
crossed  such  turnpike  or  road.  No  car  or  carriage  for 
the  transportation  of  passengers  or  freight  over  any  rail- 
road in  this  State  shall  be  propelled  across  any  highway, 
after  the  locomotive  has  been  detached  therefrom,  unless 
a  bell  be  rung  or  a  whistle  be  sounded  at  said  crossing 
during  the  whole  time  the  train  Is  crossing  such  high- 
way. 

Signboards  at  railroad  crossings.  §  15.  Every  railroad 
corporation  shall  cause  to  be  erected  and  to  be  main- 
tained at  every  turnpike,  highway  or  public  way,  where 
it  is  crossed  by  the  railroad  upon  the  same,  level  there- 
with, a  suitable  signboard  upon  each  side  of  the  crossing; 
and  on  each  side  of  said  signboards  shall  be  painted  in 
black  capital  letters  of  at  least  the  length  of  nine  inches, 
these  words:  RAILROAD  CROSSING,  STOP,  LOOK 
AND  LISTEN.  Said  signboards  shall  be  'erected  anl 
placed  under  the  direction  and  with  the  consent  of  the 
railroad  commissioner.  Every  railroad  corporation  shall 
also  adopt  such  other  precautionary  measures  at  such 
grade  crossings  as  shall  be  deemed  proper  by  the  railroad 
commissioner. 

Penalty  and  liability  for  non-compliance  with  §§  H  and 
iH.  §  16.  Every  railroad  corporation  which  shall  neglect 
or  refuse  to  comply  with  the  provisions  of  the  preceding 
two  sections  shall  be  fined  not  exceeding  $1,000;  and 
such  corporation  shall  be  liable  for  all  damages  sustained 
by  any  person  by  reason  of  such  neglect  or  refusal  ou 
the   part   of  the   corporation. 

Speed  of  locomotives  at  crossings,  junctions  and  draw- 
bridges. §  17.  Every  person  driving  a  locomotive,  when 
approaching  any  crossing  or  junction  of  any  two  rail- 
roads where  the  rails  of  one  cross  or  connect  with  the 
rails  of  the  other  at  grade,  or  when  approaching  any 
drawbridge  now  in  use  as  such,  shall  stop  said  locomo- 
tive at  some  point  within  the  distance  of  500  feet  from 
such  crossing,  junction  or  drawbridge,  and  before  reach- 
ing the  same,  and  shall  not  drive  said  locomotive  over 
such  crossing,  junction  or  drawbridge  at  a  greater  rate  of 
speed  than  six  miles  per  hour:  Provided,  however,  that  the 
railroad  commissioner  may  grant  to  any  railroad  corpo- 
ration the  privilege  of  crossing  such  junction  or  draw- 
bridge without  stopping,  whenever  he  may  think  the  same 
can    be   done   consistently   with    the   public   safety. 

Penalty  for  violation  of  §  n.  §  18.  Every  person  violat- 
ing the  provisions  of  the  preceding  section  shajl  be  fined 


1208 


National  Association  of  Railway  Commissioners 


$100;  and  the  railroad  corporation  in  whose  employment, 
or  upon  whose  railroad,  such  person  shall  be  at  the  time 
of  committing  such  offense,  shall  be  fined  $300. 

Blowing  of  whistles  forbidden.  §  19.  The  Providence  4 
Worcester  Railroad  Company  and  its  lessees,  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  aro 
hereby  forbidden  to  blow  or  cause  to  be  blown  or  permit 
any  of  its  employes  to  blow  any  locomotive  signal 
whistles  along  Its  tracks  between  the  Hamlet  station 
and  the  crossing  over  the  Blackstone  river  next  northerb 
thereof,  except  in  cases  of  emergency  and  apparent  danger 
to  life  and  property. 

Railroad  grade  crossing,  how  regulated.  §  20.  All  rail- 
roads in  this  State  crossing  any  other  railroad  at  grade 
shall  be  operated  at  such  crossing  subject  to,  and  in 
accordance  with,  such  reasonable  rules  and  regulations 
as  the  railroad  commissioner  shall  from  time  to  time 
prescribe. 

Street  railway  rules.  §  21.  The  town  and  city  councils 
of  the,  several  towns  and  cities  shall  have  powe.- 
from  time  to  time,  to  make  such  reasonable  rules  and 
regulations  with  reference  to  the  rate  of  speed  and  mode 
of  operation  of  railroads  in  the  streets  and  highways 
of  such  respective  towns  and  cities;  such  rules  and  regu- 
lations to  receive  the  approval  in  writing  of  the  railroad 
commissioner. 

Railroad  corporation  to  keep  streets  in  good  repair,  and 
also  paved.  §  22.  Every  corporation  which  maintains  or  uses 
railroad  tracks  In  any  street  or  highway  in  any  town  or  city 
In  this  State,  shall  be  liable  to  keep  and  maintain  In  good 
order  and  repair,  including  paving  and  repaving  when- 
ever and  wherever  necessary,  that  portion  of  any  street 
or  highway  occupied  by  its  railroad  and  18  inches  out- 
side of  any  if  its  rails,  in  order  that  such  streets  and 
highways  may  be  safe  and  convenient  for  travelers 
with  their  teams,  carts  and  carriages  at  all  times,  and 
the  extent  of  such  liability  shall  not  be  varied:  Pro- 
vided, however,  that  the  character  of  such  paving,  re- 
paving  and  repairing,  shall  be  such  as  is  from  time  to 
time  fixed  by  the  town  or  city  councils  of  the  respective 
towns  and  cities;  and  provided  further,  that  nothing 
herein  contained  shall  relieve  any  railroad  corporation 
from  the  payment  of  any  sum  of  money  which  it  is  now 
required  by  law  to  pay  to  any  town  or  city  for  the  use 
and  occupancy  of  the  streets  and  highways  in  such  town 
or  city. 

Street  railways,  how  to  be  maintained.  §  23.  All  rail- 
roads upon  any  street  or  highway  in  any  town  or  city 
in  this  State  shall  be  laid  out,  constructed,  used  and 
continued  therein  under  the  terms  and  conditions  named 
In  i§  20,  21  and  22  of  this  chapter. 

Passenger  cars,  how  to  be  placed.  §  24.  No  car  or  car- 
riage for  the*  transportation  of  passengers  over  any  rail- 
road shall  be  propelled  on  the  railroad  when  placed 
between  the  locomotive  and  cars  loaded  with  dirt  or 
stone. 

Penalty  for  violation  of  §  2.}.  §  25.  Every  railroad  cor- 
poration upon  whose  railroad  shall  be  propelled  cars  or 
carriages  for  the  transportation  of  passengers,  so  placed, 
shall  be  fined  $500,  one-half  thereof  to  the  use  of  the 
complainant  and  one-half  thereof  to  the  use  of  the  State. 

Power  brakes  are  to  be  attached  to  passenger  cars'  §  26. 
Every  railroad  corporation  whose  cars  are  propelled  by 
steam  shall  cause  a  power  brake  to  be  attached  to  every 
passenger  car  used  for  conveyance  of  passengers,  which 
brake  shall  be  so  arranged  that  it  may  be  put  in  opera- 
tion by  the  engineer  when  the  train  is  in  motion. 

Penalty  for  violation  of  §  26.  §  27.  Every  railroad  cor- 
poration which  shall  use  any  passenger  car  for  the  con- 
veyance of  passengers,  without  such  power-brake  so  ap- 
plied, shall  for  every  such  offense  be  fined  $100,  one-half 
thereof  to  the  use  of  the  complainant  and  one-half  thereof 
to  the  use  of  the  State;  but  this  penalty  shall  not  apply  to 
an  Incidental  conveyance  of  passengers  In  freight  cars. 
nor  to  "dummy-cars,"  so-called,  nor  to  a  passenger  car  at- 
tached to  the  rear  end  of  a  freight  train  or  dummy-engine. 

Railroad  bridges  shall  be  18  feet  above  trock.  §  28.  No 
bridge  shall  hereafter  be  built  over  any  railroad  track, 
unless  it  shall  measure  at  least  18  feet  in  the  clear,  meas- 
uring from  the  bottom  of  the  lowest  timber  to  the  top  of 
the  rail  on  said  track,  excepting  bridges  erected  In  renewal 
or  in  place  of  bridges  now  existing. 


M 


Passenger  cars  on  steam  railroads  to  be  supplied  with 
drinking  water  §  29.  Every  railroad  corporation  shall 
carry  on  each  passenger  car  operated  by  steam,  a  sufllcient 
quantity  of  good  water,  with  suitable  vessels  for  using  the 
«ame,  and  every  railroad  corporation  refusing  or  neglecting, 
to  comply  with  the  requirements  of  this  section  shall  be 
fined  $25. 

Passenger  cars,  hoio  to  be  lighted  and  supplied  with  im- 
plements. §  30.  No  passenger  car  on  any  railroad  shall  be 
lighted  by  naphtha  or  by  any  illuminating  oil  or  fluid 
made  in  part  of  naphtha,  or  wholly  or  In  part  from  coal 
or  petroleum,  or  other  substance  or  material  which  will  ig- 
nite at  a  temperature  of  less  than  300  degrees  Fahrenheit. 
Every  raflroad  corporation  shall  provide  and  keep  in  everr 
car  used  by  it  for  the  transportation  of  passengers  one 
pail,  one  axe  and  one  iron  bar,  which  shall  at  all  times 
be  kept  in  order  for  use.  Every  railroad  corporation  violat- 
ing the  provisions  of  this  section  shall  be  fined  $100  for 
each  offense,  one-half  thereof  to  the  use  of  the  complainant 
and  one-half  thereof  to  the  use  of  the  State. 

Heating  cars — Stoves  prohibited.  §  31.  No  passenger, 
mail  or  baggage  car,  on  any  railroad  In  this  State,  shall  b» 
heated  by  any  method  of  heating  by  furnace  or  heater, 
unless  such  furnace  or  heater  shall  first  have  been  ap- 
proved In  writing  by  the  railroad  commissioner:  Provldecl, 
however,  that  in  no  event  shall  a  common  stove  be  al- 
lowed in  such  car.  Every  railroad  corporation  which  shall 
use  any  car  In  violation  of  the  provisions  of  this  sectlo:! 
shall  be  fined  $100  for  every  day  on  which  such  car  shall 
be  used,  one-half  thereof  to  the  use  of  the  complainant  an  1 
one-half  thereof  to  the  use  of  the  State. 

Penalty  for  failure  to  close  private  way.  §  32.  Whoever 
enters  upon  or  crosses  a  railroad  at  any  private  wa:' 
which  Is  closed  by  gates  or  bars  and  neglects  to  clos  > 
them  securely,  shall  be  fined  not  less  than  $2  nor  mor  > 
than  $10  and  shall  be  liable  for  the  damage  sustained 
therefrom. 

Railroad  not  to  be  abandoned.     §  33.    No  railroad 
poratlon  shall  abandon  any  railroad  station  which  is  on  ' 
road  and  in  this  State  after  the  same  has  been  establisheii 
for   twelve  months,  except   by  permission   of  the  railroaiL 
commissioner;    but    such    corporation    may    establish    sta 
tions  to  be  used  only  during  such  months  of  each  year, 
and  for  such  trains,  as  they  may  designate  by  notice  pu 
up  and  maintained  In  some  conspicuous  place  at  the  sta 
tions  so   established,  specifying  the   months  during  wUiil 
the  said  station  will  be  used.  m  I 

Railroad  corporation  not  to  charge  for  trans-shipmeni 
§  34.  Whenever  merchandise  is  transported  over  any  por 
tion  of  two  railroads  which  form  a  connecting  line  and  th- 
tracks  of  which  so  unite  that  cars  can  pass  from  one  to  th" 
other,  no  charge  shall  be  made  for  the  loading  or  unload  - 
ing  or  for  the  carriage  of  said  merchandise  from  the  car.v 
of  one  of  said  railroads  to  the  cars  of  the  other. 

Cars  of  connecting  carriers — Station  acco7nmodation 
Terms.  §  35.  Every  railroad  corporation  owning  a 
in  use,  operated  by  steam  power  shall,  at  reasonable  times, 
and  for  a  reasonable  compensation,  draw  over  the  sami? 
the  passengers,  merchandise  and  cars  of  any  other  railroail 
corporation  which  connects  with,  or  may  be  authorized  b;' 
the  legislature  to  enter  with  Its  road  upon,  or  connect  th'j 
same  with  and  use,  the  road  of  the  first  named  corporation 
and  shall  also  provide  upon  its  road  convenient  and  suit- 
able depot-accommodations  for  the  passengers  and  mer- 
chandise of  the  other  road  passing  to  and  over  it,  and  shall 
receive  and  deliver  the  same  in  the  manner  it  receives  and 
delivers  Its  own  passengers  and  freight.  If  the  corpora- 
tions cannot  agree  upon  the  stated  periods  at  which  tho 
cars  shall  be  so  drawn,  and  the  compensation  to  be  paid 
therefor,  or  cannot  agree  upon  the  terms  and  condition* 
upon  which  such  accommodations  shall  be  furnished  fo" 
passengers  and  merchandise,  the  Supreme  Court,  upon  ap- 
plication by  either  party,  and  citation  to  the  other  party, 
and  petition  duly  filed,  in  substantially  the  same  form, 
and  with  like  procedure,  is  as  prescribed  in  §  3,  of  chapter 
224,  shall  appoint  three  commissioners  who,  after  dU'S 
notice  to  and  hearing  the  parties  Interested,  shall  deter- 
mine, having  reference  to  the  convenience  and  interest  of 
the  corporations  and  of  the  public  to  be  accommodated 
thereby,  the  stated  periods  for  drawing  cars,  and  compensa- 
tion therefor,  or  the  terms  and  conditions  for  passengers 
and  merchandise,  or  the  requisite  terminal  accommodations 
and  manner  of  transferring  of  either  party,  shall  determine 


Public  Service  Laws 


laoo 


all  questions  between  them  In  relation  to  the  transportation 
of  freight  and  passengers  and  other  business  upon  and 
connected  with  said  roads  in  which  they  are  jointly  in- 
terested, and  the  manner  in  which  the  business  shall  be 
done;  and  shall  apportion  to  the  corporations  their  re- 
spective shares  of  the  expenses,  receipts  and  income  of  the 
same;  and  the  award  of  the  commissioners,  or  a  major  part 
of  them,  when  approved  by  the  court,  shall  be  binding 
upon  the  respective  corporations  interested  therein  for  one 
year  and  until  commissioners  appointed  in  a  like  manner, 
upon  application  of  either  party,  shall  revise  and  alter 
the  same. 

Railroads  pay  commissioner's  fees.  §  36.  The  com- 
pensation of  the  commissioners  for  services  and  ex- 
penses under  the  preceding  section  shall  be  paid  by  the 
respective  corporations  in  such  proportions  as  the  commis- 
sioners shall  determine  and  set  forth  as  a  part  of  their 
award;  which  award  shall  be  returned  to  the  court,  and 
be  subject  to  revision  in  all  matters  of  law  arising  thereon, 
and  the  court  may,  by  injunction  or  other  suitable  order, 
compel  the  performance  of  any  final  order  of  the  commis- 
sioners, or  of  the  court,  under  the  provisions  of  the  pre- 
ceding section. 

Railroad  corporation  is  liable  as  a  common  carrier.  §  37. 
Every  railroad  corporation  shall  be  deemed  a  common  car- 
rier; and  whenever  two  or  more  railroads  are  connected 
within  this  State,  the  corporation  running  either  of  said 
railroads  shall  receive  articles  for  transportation  to  any 
place  on  the  line  of  either  of  said  railroads  so  connected, 
and  shall  be  liable  as  common  carriers  for  the  delivery 
of  such  articles  at  such  place.  If  any  such  corporation 
shall  become  liable  to  pay  any  sum  by  reason  of  the 
neglect  or  misconduct  of  any  other  corporation,  the  cor- 
poration paying  such  sum  may  collect  the  same  of  the 
corporation  by  reason  of  whose  neglect  or  misconduct  it  be- 
came to  liable. 

Counsel  fees  are  to  le  recovered  by  one  party  or  the 
other,  as  the  case  results.  §  38.  If  any  person  having  law- 
ful claims  upon  any  railroad  corporation  for  overcharge  for 
freight  or  passage,  or  for  injury  or  loss  of  merchandise,  or 
for  damage  by  unlawful  or  unwarrantable  delay  in  the 
transportation  or  delivery  of  the  same,  or  for  injury  to  the 
person,  or  for  the  refusal  to  transport  or  deliver  persons  or 
property,  shall  give  written  notice  of  the  same,  addressed 
to  the  president  or  treasurer  or  master  of  transportation 
of  said  corporation,  and  delivered  to  either  of  said  officers 
or  to  any  agent  having  charge  of  any  depot  of  said  cor- 
poration, 14  days  previous  to  commencing  suit  for  the  same, 
and  the  corporation  neglect  or  refuse  to  pay  the  said  law- 
ful claim,  then  the  complainant,  if  he  recover  more  than 
the  amount,  if  any,  tendered  by  said  corporation,  shall  also 
recover  reasonable  compensation  for  the  services  of  his 
counsel,  to  be  allowed  by  the  court  in  addition  to  the  actual 
damage;  and  if  a  less  amount  shall  be  recovered,  then  a 
reasonable  allowance  shall  be  made  by  the  court  for  the 
services  of  the  counsel  of  the  corporation,  to  be  taxed  in 
addition  to  and  to  be  allowed  with  the  defendant's  cost«i 
as  now  taxed  and  allowed  by  law. 

Milh  tariff.  §  39.  No  railroad  corporation  shall  contract 
to  furnish  facilities  for  the  transportation  of  milk,  or  shall 
carry  it  in  large  quantities  over  any  portion  of  its  line, 
without  at  the  same  time  establishing  a  tariff  under  which 
it  will  receive,  forward  and  deliver  milk  by  the  can  over 
the  same  portion  of  its  line  for  any  person  tendering  the 
same,  so  that  the  milk  by  the  can  shall  be  carried  under 
fairly  proportionate  advantages  in  every  respect,  including 
price,  time,  and  reasonable  care  for  the  same,  as  the  milk 
carried  in  large  quantities  or  under  contract. 

May  be  revised  by  the  railroad  comviissioner.  §  40.  On 
the  petition  of  a  person  desiring  to  forward  milk  over  a 
railroad,  the  railroad  commissioner  of  the  State  shall  as- 
certain at  what  rate  facilities  for  carriage  of  milk  under 
contract  or  in  large  quantities  are  furnished  by  the  railroad  • 
corporation,  and  shall  compare  the  same  with  the  tariff  for 
the  carriage  of  milk  by  the  can  from  and  to  the  same 
places,  including  a  reasonable  compensation  for  the  care 
of  'he  same;  and  if  the  tariff  for  care  and  carriage  by 
the  can  is  unreasonably  more  than  the  rate  for  its  car- 
riage under  contract  or  in  large  quantities,  the  railroad 
commissioner  shall  revise  said  tariff  and  fix  rates  therefor 
fairly  proportionate  with  such  contract  or  large-quantit/- 
rates,  and  shall  notify  the  corporation  of  such  revision. 

Penalty.    §  41.    A  corporatfon  which  refuses  or  neglects 


to  receive,  forward  or  deliver  milk  by  the  can  at  the  tariff 
rates  so  fixed  and  notified  to  it  by  the  railroad  commis- 
sioner, shall  forfeit  to  the  person  tendering  the  same  %\0 
for  each  and  every  can  which  it  so  refuses  to  receive  or 
neglects  to  forward  or  deliver,  to  be  recovered  in  action  of 
rort. 

Railroad  corporation  to  keep  account  of  its  receipts.  §  42. 
Every  railroad  corporation  shall  keep  an  account  of  the 
toll,  freight  and  passage-money  received  at  their  depots 
and  offices  of  receipt,  and  keep  the  same  at  all  times  in 
readiness  for  the  examination  of  the  general  assembly,  or 
the  railroad  commissioner,  or  any  committee  that  may  ba 
appointed  by  the  general  assembly. 

Stockholders  entitled  to  inspect  books,  etc. — Penalty  for ' 
refusal  to  permit.  §  43.  Every  stockholder  of  any  railroad 
corporation  incorporated  within  this  State  may  at  all 
reasonable  times  examine  the  books,  papers  and  accounts  of 
the  corporation  in  which  he  is  a  stockholder;  and  if  any 
clerk  or  other  officer  of  any  railroad  corporation  having 
the  custody  of  the  books,  papers  and  accounts  of  said  cor- 
poration, shall  refuse  to  permit  any  stockholder  of  such 
corporation  to  inspect  the  books,  papers  and  accounts 
thereof,  the  person  so  offending  shall  forfeit  $100. 

Railroad  loithout  charter  a  public  nuisance.  §  44.  Every 
railroad  or  portion  of  a  railroad  built  in  this  State  for  pub- 
lic use,  by  itself  or  in  connection  with  any  other  railroad, 
without  charter  or  license  from  the  general  assembly  first 
had  and  obtained,  is  declared  to  be  a  public  nuisance. 

Remedy  against  such  nuisance  may  be  by  bill  in  equity 
as  well  as  by  indictment.  §  45.  In  addition  to  the  remedy 
by  indictment  for  such  nuisance,  the  attorney-general  shall, 
for  the  purpose  of  abating  any  such  nuisance,  file  on  the 
part  of  the  State,  in  the  Superior  Court,  a  bill  in  equity 
or  information  against  any  person  or  corporation  who  shall 
build  any  such  railroad  or  portion  of  a  railroad,  and  said 
court  shall  take  jurisdiction  of,  hear,  determine,  decree 
and  proceed  thereon  according  to  the  course  of  equity  in 
cases  of  private  nuisance. 

Railroads  are  to  issue  certificates  for  excess  of  the  fare 
paid  in  cars,  wheti.  §  46.  Every  railroad  corporation  carry 
ing  passengers  in  cars  propelled  by  steam,  which  shall  col- 
lect in  the  cars  a  greater  fare  than  the  price  for  which  a 
single-passage  ticket  is  sold  from  the  station  at 
which  the  passenger  takes  the  train,  shall  issue  to 
such  passenger  a  certificate  for  such  sum  as  the  fare  col- 
lected on  the  train  exceeds  the  sum  for  which  a  single- 
passage  ticket  for  the  same  distance  is  sold  at  the  ticket- 
office  of  the  company,  which  certificate  shall  be  payable 
upon  presentation  at  any  ticket-office  of  the  corporation; 
and  every  railroad  corporation  which  shall  neglect  or  re- 
fuse to  comply  with  the  provisions  of  this  section  shall 
be  fined  not  less  than  $50  nor  more  than  $500  for  each 
offense,  one-halt  to  the  use  of  the  complainant  and  one-half 
thereof  to  the  use  of  the  State. 

Persons  disorderly,  or  refusing  to  pay  the  fare,  may  be 
ejected.  §  47.  If  any  person  behave  in  a  disorderly  manner 
or  refuse  to  pay  the  regular  fare,  or  ride  upon  the  platform 
of  a  car  after  having  been  told  by  the  conductor  or  train- 
man to  go  inside  the  car,  the  train  may  be  stopped  and 
he  may  be  ejected  at  any  regular  station  on  said  road; 
and  every  person  ejecting  a  passenger  under  the  provisions 
of  this  section  at  any  other  place  than  at  a  regular  station 
shall  be  fined  $100. 

7'otcn  councils  may  apply  to  railroad  corporation  to 
alter  highway  crossed  at  grade.  §  48.  If  the  town  council 
of  any  town  wherein  a  turnpike  or  highway  crossed  by  • 
railroad  on  a  level  therewith  is  situated,  are  of  the  opinion 
that  it  is  necessary  for  the  security  of  the  public  that  ths 
turnpike  or  highway  should  be  raised  or  lowered  so  as  to 
pass  over  or  under  the  railroad,  they  may  in  writing  re- 
quest the  corporation  owning  the  railroad  so  to  raise  or 
lower  such  turnpike  or  highway.  If  the  corporation  shall 
neglect  or  refuse  so  to  do,  the  town  council  may  apply  to 
the  railroad  commissioner  to  decide  upon  the  reasonable- 
ness of  the  request.  It  the  railroad  commissioner,  after 
due  notice  and  hearing  of  the  parties,  shall  decide  that 
such  lowering  or  raising  of  grade  is  necessary  for  the  se- 
curity of  the  public,  the  corporation  shall  comply  with  the 
decision:  Provided,  that  either  party  shall  have  the  right 
within  30  days  after  such  decision,  to  petition  the  Supreme 
Court  for  relief,  in  substantially  the  same  form,  and  with 
like  procedure,  as  la  prescribed  in  §  3  of  chapter  224;  and 
said   court  shall   have   full  power   to   finally   decide   said 


1210 


National  Association  of  Kailway  Comaiissionebs 


question  as  to  the  necessity  of  changing  said  grade.  The 
cost  and  expense  of  making  said  change  of  grade  shall  be 
borne  by  the  railroad  corporation  and  the  town  asking  for 
such  change.  In  such  proportion  as  may  be  decided  by  said 
court.  If,  after  decision  of  said  court  that  a  change  of 
grade  is  necessary,  or,  if,  having  taken  no  appeal  from 
the  decision  of  the  railroad  commissioner  as  aforesaid, 
the  corporation  shall  unreasonably  neglect  or  refuse  to 
change  the  said  grade,  the  town  council  may  proceed 
to  make  said  change,  and  may  In  an  action  against  the 
corporation  recover  all  damages  and  expenses  occasioned 
by  making  the  alterations. 

Opening  street  across  railroad.  §  49.  No  railroad  cor- 
poration shall  lay  out  or  build  Its  road  or  lay  its  track 
across  any  railroad,  street,  highway,  turnpike  or  traveled 
way  at  grade,  and  no  street,  highway,  turnpike  or  road 
shall  be  laid  out  or  built  across  any  railroad  track  at  grade, 
except  by  the  consent  of  the  railroad  commissioner  thereto 
expressed  in  writing:  Provided,  that  if  said  railroad 
commissioner  shall  c«nsent  or  refuse  to  consent  to  any 
such  crossing  at  grade,  said  corporation  or  any  party 
aggrieved  by  such  consent  or  refusal  may  petition  the 
Supreme  Court  for  relief  and  the  decision  of  said  court 
shall  be  final.  Said  petition  shall  be  preceded  by  citation 
to  said  railroad  commissioner  In  substantially  the  same 
form,  and  the  like  procedure  shall  be  had,  as  is  prescribed 
In  §  3  of  chapter  224. 

Oates  at  crossings — Fences.  §  50.  Every  railroad  cor- 
poration whose  railroad  crosses  any  street  or  highway  at 
grade  in  the  city  of  Providence  shall,  on  receiving  notice 
from  the  board  of  aldermen  of  said  city  so  to  do,  erect, 
maintain  and  cause  to  be  operated  gates  across  every 
such  street  or  highway  satisfactory  in  all  respects  to  said 
board  of  aldermen,  and  shall  also  fence  its  line  of  track 
■within  the  limits  of  said  city  in  such  manner  and  at  such 
places  as  the  said  board  of  aldermen  may  direct.  Any 
railroad  corporation  violating  any  of  the  provisions  of  this 
section  shall,  for  every  day's  neglect  after  20  days  from 
notice  6r  direction  to  the  president,  treasurer  or  any  di- 
rector of  said  corporation  from  said  board  of  aldermen  as 
aforesaid,  to  comply  with  the  provisions  of  this  section,  or 
with  the  order  of  direction  of  the  said  board  of  aldermen, 
be  fined  fifty  dollars,  one-half  thereof  to  the  use  of  the  State 
and  the  other  half  to  the  use  of  the  complainant. 

Flagmen  at  railroad  crossings.  §  61.  Every  railroad 
corporation  or  lessees,  receivers,  or  trustees  of  such  cor- 
poration operating  railroads  within  this  State  shall  cause 
flagmen  or  gates  or  other  precautionary  measures  or  ap- 
pliances to  be  established  or  substituted  wherever  said 
railroads  cross  public  highways,  whenever  and  as  often  as 
In  the  opinion  of  the  railroad  commissioner  it  Is  necessary 
for  the  safety  of  the  public:  Provided,  that  any  town 
or  railroad  corporation  which  claims  to  be  aggrieved  by 
the  action  of  the  railroad  commissioner  in  ordering  or 
refusing  to  order  flagmen  or  gates  or  other  precautionary 
measures  or  appliances  to  be  established  or  substituted  at 
such  crossings  may  petition  the  Supreme  Court  for  relief. 
The  hearing  on  said  petition  shall  be  preceded  by  citation 
to  said  railroad  commissioner  in  substantially  the  same 
form,  and  the  like  procedure  shall  be  had,  as  is  prescribed 
In  §  3,  chapter  224. 

Penalty  for  failure,  i  52.  Every  railroad  corporation 
which  shall  refuse  or  neglect  to  comply  with  said  order, 
or  with  a  confirmation  of  such  order  upon  appeal,  shall 
for  every  day's  neglect  after  7  days  from  the  date  of  the 
service  of  the  order  upon  the  president,  treasurer,  or  any 
director  of  said  corporation  forfeit  J500,  one-half  thereof 
to  the  use  of  the  State  and  one-half  thereof  to  the  use  of 
the  town  where  said  crossing  is  located. 

Railroad  grade  at  crossings.  §  53.  Every  railroad  corpora- 
tion whose  road-bed  crosses  the  public  highway  at  grade 
shall  cause  such  crossing  to  be  covered  with  suitable  ma- 
terial for  highway  travel  so  that  the  surface  of  said  highway 
at  said  crossing  shall  not  at  any  time  be  lower  than  three- 
fourths  of  one  Inch  below  the  tops  of  the  rails  at  said 
crossing;  and  every  railroad  corporation  which  shall 
neglect  or  refuse  to  comply  with  the  provisions  of  this  sec- 
tion, after  being  notified  by  the  town  council  of  the  town 
wherein  such  crossing  Is  located,  shall  be  fined  not  exceed- 
ing $100. 

Frogs,  switches  and  guard-rails  to  be  blocked.  $  54. 
Every  railroad  corporation,  operating  a  railroad  or  part  of 
a  railroad  In  this  State,  shall  adjust,  fill,  or  block  the 


frogs,  switches  and  guard-rails  on  its  track,  with  the  ex- 
ception of  guard-rails  on  bridges,  so  as  to  prevent  the 
feet  of  Its  employes  from  being  caught  therein.  The  work 
shall  be  done  to  the  satisfaction  of  the  railroad  commis- 
sioner, evidenced  by  his  certificate.  Any  railroad  corpora- 
tion failing  to  comply  with  the  provisions  of  this  section 
shall  be  fljied  not  less  than  JlOO  nor  more  than  ?1,000. 

Railroad  not  to  obstruct  streets  or  highways.  §  55.  No 
railroad  corporation,  nor  Its  servants  or  agents,  shall  wil- 
fully or  negligently  obstruct  or  unnecessarily  use  or  occupy 
a  highway,  townway  or  street,  nor  in  any  case  at  a  street  or 
highway  grade  crossing,  with  cars  or  engines  for  more  than 
5  minutes  at  one  time;  and  whenever  a  highway,  townway 
or  street  has  been  thus  used  or  occupied  with  cars  or  en- 
gines, no  railroad  corporation  shall  again  use  or  occupy  the 
same  with  cars  or  engines  until  a  sufficient  time,  not  less 
than  3  minutes,  has  been  allowed  for  the  passage  across 
the  said  railroad  of  such  travelers  as  were  ready  and 
waiting  to  cross  when  the  former  occupation  ceased.  For 
every  violation  of  the  provisions  of  this  section  the  cor- 
poration should  be  fined  not  less  than  |25  nor  than  $100. 

Electric  signals  at  crossings  at  grade,  when.  §  56.  At 
any  point  where  a  highway,  townway  or  traveled  place  Is 
crossed  at  the  same  level  by  a  railroad  where  a  gate  or 
flagman  is  not  maintained,  the  railroad  commissioner  may, 
after  notice  to  and  hearing  of  the  railroad  corporation 
whose  road  so  crosses,  direct  in  writing  that  such  crossing 
shall  be  furnished  with  such  electric  signal  or  signals  in 
he  shall  decide  the  better  security  of  human  life  or  the 
convenience  of  the  public  travel  requires,  and  the  corpoia- 
tion  shall  comply  with  such  order.  If  said  railroad  cc  r- 
poration  shall  refuse  or  neglect  to  comply  with  said  ord  'r 
within  three  months  from  the  date  thereof,  it  shall  be 
fined  $25  for  each  day  that  said  refusal  or  neglect  she  11 
continue,  unless  It  shall  furnish  reasons  satisfactory  to  sa  d 
railroad  commissioner  for  said  refusal  or  neglect.  Noti- 
Ing  in  this  section  shall  be  so  construed  as  to  affect  §§  !  1 
or  52  of  this  chapter. 

Trustees  to  make  annual  report  to  general  assembly- 
i  57.  Whenever  any  railroad  corporation,  the  charti  r 
whereof  requires  the  directors  to  make  an  annual  report  o 
the  general  assembly,  shall  have  passed  into  the  hands  if 
trustees,  such  trustees,  instead  of  the  directors,  shall  mal  e 
such  report  while  the  road  remains  in  their  hands,  whii  h 
report  shall  be  approved  by  the  state  commissioners  a  > 
pointed  by  the  governor,  in  like  manner  as  if  it  had  bei  n 
made  by  the  directors  of  such  corporation. 

Security  for  damages  to  be  given  by  railroad  corpoi  i- 
tion  before  taking  land.  §  58.  No  railroad  corporation  shi  U 
enter  upon  or  use  the  land  or  materials  located  for  tl  e 
use  of  their  railroad,  except  lor  the  purjiose  of  makii  g 
surveys,  until  such  corporation  shall  have  given  such  i  e- 
curity  for  the  payment  of  all  such  damages  as  shall  e 
finally  awarded  for  such  land  or  materials,  and  for  cos'  s, 
as  shall  be  required  by  the  commissioners  appointed  o 
estimate  damages;  nor  shall  such  corporation  enter  up^n 
or  use  such  land  or  materials  as  aforesaid,  unless,  before 
the  assessment  by  such  commissioners,  notice  that  su-h 
security  will  be  given  on  request  in  writing  to  the  co  n- 
nilssioners,  shall  be  served  on  all  kaown  persons  inti  r- 
ested  in  such  land  and  materials  and  residing  within  tils 
state,  by  delivering  to  them  or  by  leaving  at  their  last 
and  usual  places  of  abode  a  written  statement  as  afoi  e- 
said. 

Railroad  corporation  may  abandon  location  as  filid, 
wholly  or  in  part.  §  59.  Any  railroad  corporation  chi.r- 
tered  by  the  general  assembly  of  this  state  may,  at  a  \y 
time  before  the  report  of  the  commissioners  appointed  jy 
any  court,  under  the  provisions  of  its  charter  and  of  law, 
to  estimate  all  damages  which  any  person  shall  sustain 
whose  lands  are  mentioned  or  described  in  any  locatijn 
of  the  whole  or  any  part  of  its  railroad,  shall  have  been 
finally  confirmed  by  such  court,  abandon  the  whole  or  aoy 
part  of  such  location,  and  may  report  such  abandonratnt 
to  such  court;  and  thereupon  all  further  proceedings  by 
such  commissioners  with  reference  to  so  much  of  such 
location  as  shall  have  been  so  abandoned  shall  forthw  th 
cease,  and  all  costs  and  expenses  incurred  in  such  pro- 
ceedings up  to  the  date  of  such  abandonment  with  refer- 
ence to  such  abandoned  location  shall  be  paid  by  fcuch 
railroad  company,  and  the  court  shall  make  all  necessary 
orders  in  the  premises. 

Lands,  will  revert  to  original  owners.     |  60.    Any  and 


Public  Service  Laws 


1211 


all  lands,  materials,  and  their  appurtenances,  covered  by 
euch  abandoned  location,  that  may  have  been  taken  or  used 
and  not  paid  for  by  such  railroad  company  before  such 
abandonment,  shall  immediately,  on  the  report  thereof 
to  such  court  as  aforesaid,  revert  to,  and  the  title  thereof 
become  revested  In,  the  teveral  owners  thereof,  and  their 
respective  heirs  and  assigns,  in  the  same  way  and  with 
the  same  effect  as  if  said  location  had  never  been  made, 
and  such  abandoment  and  reverter  may  be  pleaded  by  said 
railroad  company  in  offset  and  diminution  of  damages,  if 
any.  In  any  action  or  proceeding  to  recover  damages  for 
such  taking  or  use. 

No  right  by  prescription.  §  61.  No  length  of  possession, 
user,  or  occupancy  of  land  belonging  to  a  railroad  corpora- 
tion by  an  owner  or  occupier  of  adjoining  land  shall  here- 
after create  any  right  in  or  to  such  land  of  the  corporation 
in  such  adjoining  owner  or  occupant  or  in  any  person 
claiming  under  him. 

Savie.  §  62.  No  length  of  possession,  user,  or  occupancy 
by  a  railroad  corporation  of  land  belonging  to  an  adjoin- 
ing owner  shall  hereafter  create  any  right  in  or  to  such 
adjoining  land  in  said  railroad  corporation  or  in  any  per- 
son or  corporation  claiming  under  it. 

Sale  of  railivay  or  railroad  equipment.  §  63.  In  any 
contract  for  the  sale  of  railroad  or  street  railway  equip- 
ment or  rolling  stock,  it  shall  be  lawful  to  agree  that  the 
title  to  the  property  sold,  or  contracted  to  be  sold,  al- 
though possession  thereof  may  be  delivered  immediately 
or  at  any  time  or  times  subsequently,  shall  not  vest  in  the 
purchaser  until  the  purchase  price  shall  be  fully  paid,  or 
that  the  seller  shall  have  and  retain  a  lien  thereon  for  the 
unpaid  purchase  money.  And  in  any  contract  for  the 
leasing  or  hiring  of  such  property,  it  shall  be  lawful  to 
stipulate  for  a  conditional  sale  thereof  at  the  termination 
of  such  contract,  and  that  the  rentals  or  amounts  to  be  re- 
ceived under  such  contract  may,  as  paid,  be  applied  and 
treated  as  purchase  money,  and  that  the  title  to  the 
property  shall  not  vest  in  the  lessee  or  bailee  until  the 
purchase  price  shall  have  been  paid  in  full  and  until  the 
terms  of  the  contract  shall  have  been  fully  performed, 
notwithstanding  delivery  to  and  possession  by  such  lessee 
or  bailee:  Provided,  that  no  such  contract  shall  be  valid 
as  against  any  subsequent  judgment  creditor,  or  any  subse- 
quent bona  fide  purchaser  for  value  and  without  notice, 
unless: 

1.  The  same  shall  be  evidenced  by  an  Instrument  exe- 
cuted by  the  parties  and  duly  acknowledged  by  the  vendee 
or  lessee  or  bailee,  as  the  case  may  be,  or  duly  proved, 
before  some  person  authorized  by  law  to  take  acknowledg- 
ment of  deeds,  and  in  the  same  manner  as  deeds  are  ac- 
knowledged or  proved; 

2.  Such  Instrument  shall  be  filed  for  record  in  the 
office  of  the  secretary  of  State. 

3.  Each  locomotive-engine  or  car  so  sold,  leased  or 
hired,  or  contracted  to  be  sold,  leased  or  hired,  as  afore- 
said, shall  have  the  name  of  the  vendor,  lessor,  or  bailor 
plainly  marked  on  each  side  thereof,  followed  by  the  word 
"Owner,"  or   "Lessor,"   or  "Bailor,"  as   the   case  may  be. 

Recording  of  contracts  of  railroads.  §  64.  The  con- 
tracts herein  authorized  shall  be  recorded  by  the  secretary 
of  state  in  a  book  of  records  to  be  kept  for  that  purpose. 
And  on  payment  in  full  of  the  purchase  money,  and  the 
performance  of  the  terms  and  conditions  stipulated  in  any 
Buch  contract,  a  declaration  in  writing  to  that  efl'ect  may  be 
made  by  the  vendor,  lessor  or  bailor,  or  his  or  its  assignee, 
which  declaration  may  be  made  on  the  margin  of  the 
record  of  the  contract,  duly  attested,  or  it  may  be  made 
by  a  separate  instrument,  to  be  acknowledged  by  the 
vendor,  lessor  or  bailor,  or  his  or  Its  assignee,  and  re- 
corded as  aforesaid.  And  for  such  services  the  secretary 
of  state  shall  be  entitled  to  demand  and  retain  for  the 
use  of  the  state  the  sum  of  15  cents  for  each  100 
words  recorded,  for  recording  each  of  said  contracts 
and  each  of  said  declarations,  and  a  fee  of  50  cents  for 
noting  such  declaration  on  the  margin  of  the  record. 

Existing  contract.  §  65.  Sections  63  and  64  of  this 
chapter  shall  not  be  held  to  invalidate  or  affect  in  any  way 
any  contract  heretofore  made  of  the  kind  referred  to  In 
said  §  63,  and  any  such  contract  heretofore  made  may, 
upon  compliance  with  the  provisions  of  said  §§  63  and  64, 
be  recorded  as  herein  provided. 

Citation  when  to  issue  iy  superior  court — In  matten 
relative  to  railroads.    §  66.    Upon  the  application  In  writing 


of  any  railroad  company,  or  of  any  person  whose  interest 
may  be  affected  by  the  doings  of  such  company,  to  the 
Superior  Court  tor  the  county  in  which  the  estate  affected 
lies,  for  a  hearing  and  determination  of  any  matter  or 
thing  whereof  the  Superior  Court  has  jurisdiction  and  cog- 
nizance relative  to  railroads  by  'virtue  of  any  act  of  in- 
corporation, or  the  provisions  of  §  68  of  this  chapter,  the 
clerk  shall  cause  citation  to  issue  thereon,  addressed  to  the 
parties  named  in  such  application,  and  made  returnable 
to  the  Superior  Court  in  said  county,  which  said  citation 
shall  be  served  upon  the  adverse  parties  in  the  same  man- 
ner as  a  writ  in  an  action  at  law,  and  upon  ihe  return 
and  entry  thereof  the  matter  shall  proceed  in  all  respects 
as  an  action  at  law. 

Citation  to  issue  on  filing  of  location  of  railroad.  §  67. 
Whenever  any  railroad  company  shall  locate  its  road  or 
any  part  thereof,  it  may  file  the  report  of  such  location 
vith  the  clerk  of  the  Superior  Court  for  the  county  in 
which  such  located  road  is  situated,  and  may  in  writing 
request  the  action  of  the  court  thereon  according  to  charter 
or  general  or  special  Act,  or  the  provisions  of  §  68  of  this 
chapter;  and  thereupon  the  clerk  shall  cause  citation  to 
issue  addressed  to  the  parties  named  in  such  application, 
and  made  returnable  to  the  Superior  Court  in  said  countyr 
which  citation  shall  be  served  upon  the  adverse  parties 
in  the  same  manner  as  a  writ  in  an  action  at  law,  and 
upon  the  return  and  entry  thereof  the  matter  shall  pro- 
ceed in  all  respects  as  an  action  at  law. 

Jurisdiction  of  Superior  Court.  §  68.  The  Superior  Court 
shall  have  the  same  power  and  jurisdiction  over  the  cases 
referred  to  in  the  preceding  two  sections  as  the  court  of 
common  pleas,  or  special  courts  of  common  pleas,  or  com- 
mon pleas  division  of  the  Supreme  Court,  formerly  had 
by  charter  or  by  general  law. 

Use  of  electric  power.  §  69.  Railroad  corporations  which 
are  subject  to  the  provisions  of  this  chapter,  whose  roads 
axe  now  operated  by  power  other  than  electricity,  may 
operate  or  contract  for  the  operation  of  their  railroads  with, 
electric  power,  in  such  manner  and  with  such  changes  in 
their  roadbed  or  tracks  as  they  may  find  best  adapted 
thereto 

I'.te  of  road  of  another  by  contract.  §  70.  Railroad 
corporations  and  street  railway  companies  may  contract 
that  either  shall  perform  transportation  of  persons  and 
property  upon  and  over  the  whole  or  any  part  of  the 
road  of  the  other,  so  far  as  the  other  has  then  the  right  by 
law  to  perform  such  transportation,  and  may  contract  with, 
each  other  for  the  lease,  use  or  sale  of  their  respective 
roads,  or  any  part  thereof,  upon  such  terms  as  the  directors 
may  agree,  and  as  may  be  approved  by  a  majority  of  the 
stockholders  of  both  corporations  present  and  voting  at 
meetings  called  for  that  purpose,  and  the  corporation  oper- 
ating any  portion  of  any  railroad  under  any  such  contract 
or  sale  shall  have  in  addition  to  its  own  powers,  privileges 
and  franchises,  all  the  powers,  privileges  and  franchises  of 
the  other  party  thereto  in  respect  to  such  road,  and  be  sub- 
ject to  and  perform  all  the  public  duties  and  obligations 
of  the  other  party  in  respect  thereto. 

Copies  of  contract  to  be  filed  ivith  railroad  commissioner, 
i  71.  The  facilities  for  travel  and  business  on  either  of 
the  roads  of  any  corporations  acting  under  the  provisions 
of  §§  69  to  71  of  this  chapter  shall  not  be  diminished  by 
the  terms  or  conditions  of  any  agreement  hereunder,  and 
copies  of  all  contracts  made  under  the  provisions  of  said 
sections  shall  be  filed  with  the  railroad  commissioner, 
within  30  days  after  execution  thereof,  who  shall  set  forth 
a  full  statement  thereof  in  his  next  annual  report. 

CHAPTER  216. 

OF   THE    TAXATION    OF    STREET    RAILWAYS. 

Annual  tax  on  street  railway  earnings — Street  railivay 
companies  accepting  the  provisions  of  this  chapter  to  an- 
nually pay  to  State  a  tax  upon  their  earnings.  §  1.  For 
the  purpose  of  providing  additional  revenue  for  the  State, 
every  street  railway  company  incorporated  under  the  laws 
of  this  State,  accepting  the  provisions  of  this  chapter,  shall 
annually,  hereafter,  on  or  before  October  1,  pay  to  th& 
State  a  tax  upon  its  earnings  as  follows,  viz.:  If  the  an- 
nual dividend  paid  by  such  company  during  the  year  end- 
ing on  the  thirtieth  day  of  June  next  preceding  the  date  of 
the  return  made  according  to  law  to  the  railroad  commis- 
Bloner  for  such  year  is  8  per  centum  on  its  capital  stock 


1212 


National  Association  of  Railway  Commissionehs 


I 


actually  outstanding  during  such  year,  or  less,  or  If  no 
dividend  Is  paid  by  It,  the  tax  payable  by  It  for  that  year 
fchall  be  a  sum  equal  too  1  per  centum  of  Its  gross  earnings 
for  that  year,  and  If  such  dividend  exceed  8  per  centum, 
then  the  tax  payable  by  It  for  that  year  shall  be  a  sum 
equal  to  the  excess  of  such  dividend  over  8  per  centum, 
Out  in  no  event  shall  said  tax  be  less  than  a  sum  equal  to 
1  per  centum  of  such  gross  earnings,  which  shall  be  paid 
without  regard  to  the  net  earnings  of  such  company:  Pro- 
vided, however,  that  nothing  in  this  chapter  contained 
shall  deprive  any  city  or  town  of  the  right  to  collect  from 
any  street  railway  company  any  tax  or  other  payment 
(Including  payments  now  required  for  the  paving  and  re- 
paving  of  certain  portions  of  the  streets  and  highways) 
which  such  company  is  now  under  legal  obligation  to  pay 
by  virtue  of  any  law  of  this  State,  or  of  any  contruct  or 
agreement  with  the  State,  or  with  any  city  or  town  or 
otherwise;  nor  shall  anything  in  this  chapter  contained 
deprive  any  street  railway  company  of  any  right,  privilege 
or  franchise  which  it  now  enjoys,  but  the  payments  to  be 
made  under  the  provisions  of  this  chapter  shall  in  all  cases 
be  in  addition  to  any  and  all  special  taxes  and  sums  which 
said  company  is  now  under  such  legal  obligation  to  pay, 
and  in  addition  to  the  taxes  now  or  hereafter  assessed  by 
any  city  or  town  upon  the  land  and  buildings  of  any  such 
company;  and  the  payments  in  this  chapter  provided  for 
shall  be  in  lieu  and  satisfaction  of  all  other  taxes,  excises, 
burthens  or  impositions  whatsoever,  by  or  under  authority 
of  this  State,  or  of  any  law  thereof,  upon  the  property, 
Income,  rights,  privileges  or  franchises  of  such  companies 
mentioned  in  this  section,  their  successors  and  assigns,  as 
shall  accept  the  provisions  of  this  chapter,  excepting  such 
as  are  now  imposed  upon  such  property,  incomes,  rights, 
privileges  or  franchises,  and  such  as  may  hereafter  be  im- 
posed generally  and  without  discrimination  upon  the  prop 
erty,  income,  rights,  privileges  or  franchises  of  all  persons 
and  corporations. 

Companies  accepting  provisions  of  this  chapter  to  enjoy 
certain  rights,  privileges  and  franchises.    §  2.    Every  street 
railway  company.  Its  successors  and  assigns,  now  or  here- 
after incorporated  under  the  laws  of  this  State,  operating 
street  railways  in  any  city  or  town  in  this  State,  which 
shall  accept  the  provisions  of  this  chapter,  in  manner  here- 
inafter specified,  and  that  shall  agree  to  the  division  of 
profits  and  make  the  payments  herein  provided,  shall  have 
and  enjoy,  with  respect  to  all  lines  leased,  owned  or  oper- 
ated by  it  during  the  continuance  of  such  payments,  and 
In  consideration  thereof,  all  the  rights,  privileges  and  fran- 
chises which  It  has  at  the  time  of  such  acceptance  or  which 
may  thereafter  be  granted  to   it  to  construct,   maintain, 
use  and  operate  street  railways  with  the  cars  and  all  appur- 
tenances of  such  railways  in  the  manner  and  by  the  method 
In  use  by  it  at  the  time  of  such  acceptance,  or  by  such 
improved  methods  as  it  may  be  authorized  by  the  general 
assembly  to  adopt,  and  as  It  may  employ  from  time  to  time, 
upon,  over  and  under  all  the  streets,  avenues,  highways 
and  public  places  In  the  cities  and  towns  in  which  the 
tracks  of  said  company  may  at  the  time  of  such  acceptance 
be  actually  located,  or  in  which  they  may  thereafter  be 
lawfully  located,  subject  only  to  the  right  of  revocation 
hereinafter  provided  for:      Provided,  however,  that  every 
street  railway  company  accepting  the  provisions  of  this 
chapter  shall,  so  long  as  it  continues  to  enjoy  the  rights, 
privileges  and  franchises  aforesaid,  continue  to  pay  to  the 
several   cities   and   towns,   notwithstanding  the   expiration 
of  any  existing  contracts  or  agreements,  such  sums  as  are 
now  or  may  be  required  thereunder  until  new  contracts  or 
agreements  shall  be  made,  and  such  sums,  not  less,  how- 
ever, than  those  paid  at  the  expiration  of  such  existing 
contracts  or  agreements,  as  may  thereafter  be  agreed  upon 
from  time  to  time,  and  failure  on  the  part  of  any  such 
street  railway  company  to  make  any  payment  required  by 
this  chapter  shall  cause  a  forfeiture  of  all  rights,  privllegeg 
and  franchises  conferred  and  granted  thereby;    and  pro- 
vided further,  that  no  company  shall  be  deemed  or  held  to 
be  In  default  or  to  have  Incurred  any  forfeiture  for  failure 
to  make  any  such  payment  until  the  amount  due  thereon 
has  been  determined  by  final  judgment  of  court,  and  suci 
Judgment  has  remained  unsatisfied  for  60  days. 

Location  and  relocation  of  tracks.  §  3.  The  city  council 
of  any  city  or  the  town  council  of  any  town  may,  after  14 
days'  written  notice  to  all  parties  interested  of  the  time 
and  place  at  which  they  will  consider  such  matter,  and 
after  hearing  all  parties,  if  the  public  necessity  and  con- 


ieu  1 


venience  in  the  use  of  any  portion  of  a  street  require  it, 
for  good  and  sufficient  reasons,  to  be  stated  in  the  order 
therefor,  order  that  the  location  and  the  right  to  maintain, 
continue  and  use  tracks,  with  poles,  wires  and  other  ap- 
purtenances, in  such  portion  shall  be  revoked;  and  such 
revocation  of  such  location  and  right  shall  take  effect  when 
approved  by  the  railroad  commissioner,  after  public  notice 
and  hearing.  Upon  revocation,  as  aforesaid,  the  company 
shall  remove  the  tracks  in  conformity  with  the  order  of 
revocation,  and  shall  put  the  portion  of  the  surface  of  the 
streets  disturbed  by  such  removal  in  as  good  condition  and 
with  the  same  material  as  the  adjacent  surface  of  said 
streets.  If  the  company  neglects  to  execute  such  order, 
after  30  days'  notice  thereof,  the  city  council  of  such  city, 
or  the  town  council  of  such  town,  may  cause  the  same  to 
be  executed  and  the  work  done  at  the  expense  of  the  com- 
pany, to  be  recovered  in  an  action  of  the  case;  provided, 
Iiowever,  that  in  each  such  case  of  revocation  such  city  or 
town  council  shall  in  and  by  such  order  grant  to  such 
company  interested  a  right  in  another  street  or  highway 
in  such  a  city  or  town,  as  nearly  similar  in  public  con- 
venience as  possible,  to  construct,  maintain,  use  and  oper- 
ate its  railroad  and  the  appurtenances  thereof;  and  pro- 
vided, further,  that  no  such  location  or  right  of  any  com- 
pany accepting  the  provisions  of  this  chapter  shall  hero- 
after  be  revoked  by  any  city  or  town  council,  except  under 
and  in  accordance  with  the  provisions  of  this  chapter;  anl 
provided,  further,  that  any  city  or  town  council,  or  any 
company  aggrieved  thereby,  may  appeal  from  any  decisioa 
of  any  such  railroad  commissioner  upon  any  such  orde:', 
within  30  days  after  the  rendering  of  such  decision,  to  the 
Supreme  Court,  and  such  court  shall  thereupon  hear  anl 
determine  all  matters  of  law  and  fact  Involved  In  sail 
appeal,  including  the  question  of  public  necessity  and  coi- 
venience,  and  the  propriety  of  the  order  or  decree  made  bv 
?uch  city  or  town  council,  and  may  annul,  modify  or  amen  1 
any  such  order  or  decree,  and  take  such  other  action  in 
premises  as  law  and  Justice  may  require. 

Increases  of  capital  stock.  §  4.  The  several  street  ri 
way  companies  in  this  State  accepting  the  provision  of  th:  s 
chapter,  may  hereafter  increase  their  capital  stock  froi  i 
time  to  time  to  meet  the  costs  and  expenditures  actual)/ 
made  for  extensions  and  for  new  construction  and  equi;  • 
ment,  and  the  cost  of  such  extensions  or  improvement  s 
shall  be  certified  by  the  railroad  commissioner,  and  a  1 
issues  of  capital  stock  for  such  purpose  shall  be  subjecWil| 
the  approval  of  such  officer.  ■  I 

Hoiv  tax  computed.  §  5.  If  a  street  railway  line  operate  1 
by  any  company  which  accepts  the  provisions  of  this  cha  <■ 
ter  extends  beyond  the  limits  of  this  State,  the  paymen  s 
to  be  made  by  such  company  under  the  provisions  of  th  s 
chapter  shall  be  computed  only  upon  the  gross  earnings  if 
such  company  upon  its  lines  within  the  limits  of  this  Stat(  ; 
and  in  case  the  dividends  of  such  company  for  any  yei  r 
ending  on  the  thirtieth  day  of  June  next  preceding  the  da  e 
upon  which  such  tax  is  due  and  payable,  exceed  8  pt  r 
centum  on  its  capital  stock  actually  outstanding  in  8U(  h 
year,  the  further  sum,  if  any,  to  be  paid  by  such  corpor  i- 
tion,  in  addition  to  a  sum  equal  to  1  per  centum  on  1  s 
gross  receipts  from  the  operation  of  Its  lines  within  tie 
State  for  such  year,  shall  be  the  sum  required  to  make  1  ,s 
payments,  under  the  provisions  of  this  chapter,  equal  o 
an  amount  which  shall  bear  the  same  ratio  to  its  whole 
dividends  in  excess  of  8  per  centum  for  such  year  as  1.8 
gross  earnings  from  its  lines  in  this  State  bear  to  1:8 
whole  gross  earnings  for  such  year.  And  for  the  purpos  ;3 
of  this  chapter,  the  gross  earnings  of  any  such  corporati(  n 
from  its  lines  within  this  State  for  any  year  shall  m 
deemed  and  taken  to  be  that  proportion  of  its  total  gross 
earnings  for  such  year  which  the  length  of  tracks  operated 
by  it  in  this  State,  exclusive  of  sidings  and  turnouts,  bears 
to  the  total  length  of  tracks,  exclusive  of  sidings  and  turn- 
outs, operated  by  such  company  during  such  year. 

Taxation  of  lessor  company.  §  6.  No  street  railwiiy 
company  which  accepts  the  provisions  of  this  chapter  shull 
be  required  to  pay  the  sums  herein  provided  for  during 
any  period  when  its  lines  are  operated  under  a  lease  or 
otherwise  by  another  company  which  accepts  the  provision* 
of  this  chapter  and  pays  the  tax  herein  imposed. 

Certificate  of  gross  earnings.  §  7.  Every  street  railway 
company  subject  to  the  provisions  of  this  chapter,  shall 
make  and  file  with  the  general  treasurer,  at  the  time  ol 
making  payment  of  the   State  tax  provided  for  by  this 


PuiiLic  Service  Laws 


1213 


chapter,  a  certificate,  signed  and  sworn  to  by  its  treasurer 
or  other  officer  designated  by  its  board  of  directors,  setting 
forth  the  gross  earnings  of  the  company  and  the  amount  of 
any  dividends  paid  by  it  during  the  year  ending  on  the 
thirtieth  of  June  next  preceding  the  date  of  such  payment, 
and  showing  the  manner  in  which  the  tax  paid  at  the  time 
Is  computed. 

Penalty  for  neglect  to  viake  return.  §  8.  If  any  such 
company  shall  neglect  to  make  or  file  the  certificate  herein- 
before required,  it  shall  become  liable  to  pay  to  the  general 
treasurer,  for  the  use  of  the  State,  the  sum  of  $25  for  each 
day  that  such  neglect  shall  continue,  which  sum  and  also 
any  amount  at  any  time  remaining  due  from  such  com- 
pany upon  any  payment  required  to  be  made  by  it  under 
the  provisions  of  this  chapter  may  be  recovered  of  such 
company,  with  double  interest  and  double  costs,  by  the 
officer  entitled  to  receive  the  same,  in  an  action  on  the  case. 

Limitation  four  years.  §  9.  All  actions  for  the  collec- 
tion of  any  payment  required  to  be  made  under  the  pro- 
visions of  this  chapter,  shall  be  commenced  within  4  years 
from  the  time  fixed  for  the  making  of  such  payment,  and 
not  after;  and  no  company  shall  be  deemed  or  held  to  be 
in  default  or  to  have  incurred  any  forfeiture  for  failure  to 
make  any  such  payment  until  the  amount  due  thereon  has 
been  determined  by  final  judgment  of  court  and  said  judg- 
ment has  remained  unsatisfied  for  60  days. 

Railtvays  to  accept  Act — When  to  take  effect.  §  10.  The 
provisions  of  this  chapter  shall  not  apply  to  any  street 
railway  company  until  such  provisions  shall  have  been 
accepted  and  assented  to  in  writing  by  such  street  railway 
company,  and  the  payments  provided  for  in  this  chapter  to 
be  made  by  any  such  street  railway  company  shall  not  com- 
mence until  a  written  assent  is  delivered  by  such  railroad 
company  to  the  State  of  Rhode  Island,  and  the  secretary  of 
State  is  hereby  authorized  and  directed  to  accept  the  same 
In  the  name  and  on  behalf  of  the  State  of  Rhode  Island, 
and  under  its  seal,  and  to  sign,  seal,  and  execute  such  ac- 
ceptance in  duplicate,  and  to  deliver  one  of  said  duplicate's 
to  every  such  assenting  street  railway  company  immedi- 
ately upon  the  assent  of  such  company,  and  the  other  of  said 
duplicates  to  the  general  treasurer,  and  thereupon  the  pro- 
visions of  this  chapter  shall  be  binding  and  in  full  force 
between  the  State  and  such  assenting  company,  and  shall 
not  be  altered  or  amended  without  the  consent  of  both 
parties,  and  all  Acts  and  parts  of  Acts,  ordinances,  votes 
and  assents  inconsistent  herewith  are  hereby  annulled  and 
repealed:  Provided,  however,  that  the  provisions  of  this 
chapter  shall  not  apply  to  any  street  railway  company  in- 
corporated on  or  before  the  twentieth  day  of  September, 
A.  D.,  1899,  which  did  not  on  or  before  the  sixteenth  day  of 
October,  A.  D.,  1899  accept  the  provisions  of  chapter  580 
of  the  Public  Laws,  passed  June  fifteenth,  A.  D.,  1898;  and 
provided  further,  that  with  respect  to  companies  which 
have  already  accepted  the  provisions  of  said  chapter  580, 
this  chapter  shall  not  be  construed  as  an  alteration,  amend- 
ment, or  repeal  of  said  chapter  580,  but  shall  be  construed 
as  continuing  in  full  force  the  provisions  of  said  chapter 
680. 

CHAPTER  217. 

OF    FREE    TRANSFERS    ON    STREET   RAILWAYS. 

Street  railway  transfers.  §  1.  Every  corporation  oper- 
ating lines  of  street  railway  in  this  State  shall  provide  a 
system  of  free  transfer  tickets  on  its  lines,  which  shall 
enable  any  passenger,  paying  the  regular  fare  of  5  cents 
on  any  car  operated  by  such  corporation,  to  ride  from  tho 
point  In  any  city  or  town  where  he  enters  such  car  to  any 
other  point  in  such  city  or  town  reached  by  a  second 
car  operated  by  the  same  corporation  upon  a  track  which 
physically  intersects  or  connects,  at  a  point  toward  which 
such  passenger  first  took  passage,  with  the  track  upon 
which  such  passenger  first  took  passage — the  purpose  of 
this  provision  being  to  make  It  possible  for  one  passenger 
to  go,  by  means  of  one  transfer,  from  any  point  within  the 
present  limits  of  any  such  city  or  town  reached  by  any  line 
of  cars  as  the  same  may  from  time  to  time  be  established 
by  any  such  corporation,  by  a  continuous  trip  as  near  as 
may  be,  in  the  car  in  which  he  first  takes  passage,  and  by  a 
second  car  running  on  any  track  connecting  or  intersecting 
as  aforesaid,  and  used  or  operated  by  the  same  corporation, 
to  any  point  within  said  limits  reached  by  such  second 
car,  upon  payment  of  a  single  fare  of  5  cents,  which  fare 
said  corporation  is  hereby  authorized  to  charge:  Provided, 
however,    (1)    That   no   passenger  shall   be  entitled  to  a 


transfer  ticket  unless  he  demands  the  same  at  the  time 
of  paying  a  cash  fare.  (2)  That  a  transfer  ticket  shall  not 
entitle  a  passenger  to  be  transported  upon  any  intersecting 
or  connecting  track,  unless  such  passenger  takes  passage 
at  the  point  of  Intersection  or  connection,  on  the  first  car 
which  passes  such  point  after  the  passenger  arrives  thereat, 
and  which  is  being  operated  over  the  connecting  or  inter- 
secting track  in  the  direction  in  which  the  passenger  de- 
sires to  go.  (3)  That  such  corporation  shall  not  be  re- 
quired to  issue  any  transfer  ticket  which  will  enable  a  pas- 
senger to  return  towards  the  point  where  he  first  took 
passage,  by  a  line  running  parallel  with  or  in  substantially 
the  same  general  direction  as  the  one  from  which  he  is 
transferred.  (4)  That  no  person  shall  be  entitled  to  a 
transfer  In  any  case  where  he  can  reach  his  point  of  des- 
tination on  the  lines  of  said  company,  from  the  point  where 
he  first  takes  passage,  without  such  transfer,  upon  payment 
of  a  single  fare  of  5  cents.  (5)  That  no  person  shall  be 
entitled  to  receive  a  transfer  ticket  upon  any  car  operated 
by  such  street  railway  company  until  he  has  paid  the  full 
fare  which  such  company  may  lawfully  have  established  be- 
tween the  point  where  such  person  first  takes  a  car  and 
the  point  of  intersection  or  connection  at  which  such 
ticket  entitled  such  person  to  take  a  second  car;  nor  shall 
any  transfer  ticket  entitle  any  person  to  ride  in  such 
second  car  a  greater  distance  from  such  point  of  Intersec- 
tion or  connection  than  he  would  be  entitled  to  ride  upon 
such  second  car  upon  payment  of  a  5-cent  fare.  (6)  Ths.t 
transfer  tickets  shall  not  be  assignable  or  transferable  to 
any  other  person,  but  shall  be  used  only  by  the  person  to 
whom  issued.  (7)  That  such  corporation  shall  be  re- 
quired to  issue  only  one  transfer  ticket  for  a  5-cent  fare, 
and  such  ticket  shall  entitle  a  passenger  to  a  transfer  from 
the  car  in  which  he  begins  his  journey  to  a  second  car,  but 
not  further.  (8)  That  such  corporation  may  designate 
upon  such  tickets  the  route  or  routes  upon  which,  and  the 
direction  in  which  such  tickets  will  be  received  In  lieu 
of  fare,  and  the  point  of  intersection  or  connection  at  which 
and  the  time  within  which  such  tickets  must  be  presented 
in  order  to  be  so  received.  And  no  such  ticket  shall  be 
valid  unless  presented  at  the  point  and  within  the  time 
designated  upon  a  car  of  such  corporation  operated  over  the 
route  and  in  the  direction  indicated  upon  such  ticket,  and 
by  the  passenger  to  whom  such  ticket  has  been  issued  by 
the  company  or  Its  agent  at  the  time  of  receiving  from 
such  passenger  a  regular  fare;  and  such  corporation  may 
establish  and  print  on  such  tickets  all  such  other  reasonable 
rules  and  regulations  as  may  be  required  to  prevent  fraud 
in  the  issue  or  use  of  such  transfer  tickets,  so  that  the 
same  may  not  bS  used  contrary  to  the  purpose  and  intent 
of  this  chapter. 

Transfer  governed  by  its  terms.  §2.  If  any,  person, 
other  than  the  passenger  to  whom  a  transfer  ticket  has 
been  issued,  shall  present  such  ticket  to  the  conductor  of 
any  car  in  lieu  of  payment  of  fare,  or  if  any  person  shall 
present  such  ticket  to  such  conductor  in  lieu  of  payment 
of  fare  at  a  time  other  than  the  time  when  or  at  a  place 
other  than  the  place  where  such  ticket  is  by  its  terms  made 
valid,  such  conductor  may  take  up  such  ticket  and  demand 
from  such  person  the  payment  of  a  regular  fare;  and  if 
such  payment  is  refused,  may  eject  such  person  from  such 
car. 

Given  only  when  fare  paid.  §  3.  No  transfer  ticket  giv- 
ing or  purporting  to  give  the  right  of  transfer  from  one 
car  to  another  car  shall  be  issued,  sold,  or  given  to  any 
person  except  a  passenger,  nor  at  any  time  except  when 
a  regular  fare  Is  paid,  nor  by  any  person  except  the  con- 
ductor or  other  agent  of  the  corporation  who  receives  such 
fare:  Provided,  that  nothing  herein  contained  shall  pre- 
vent a  passenger  or  other  person  who  has  lawfully  received 
a  transfer  ticket  from  delivering  the  same  to  any  conductor 
or  other  agent  of  the  corporation  acting  in  the  discharge  of 
his  duties. 

Not  transferable.  §  4.  No  person  shall  purchase  or  re- 
ceive any  transfer  ticket  giving  or  purporting  to  give  the 
right  of  transfer  from  one  car  to  another,  except  from  a 
conductor  to  whom  such  person  has  paid  a  regular  fare; 
nor  shall  any  person,  except  a  passenger  who  has  received  a 
transfer  ticket  upon  payment  of  a  regular  fare,  present  or 
offer  any  such  ticket  to  the  conductor  of  any  car  for  pas- 
sage: Provided,  however,  that  this  section  shall  not  apply 
to  conductors  or  other  agents  of  any  such  corporation  who 
receive  transfers  in  the  regular  discharge  of  their  duties. 

Penalties,    i  5.    Every  person  violating  any  of  the  pro- 


1214 


National  Association  of  Bailway  Commissioners 


Tlsions  of  §§  3  or  4  of  this  chapter  shall  be  fined  not  less 
than  16  nor  more  than  $20  for  each  offense. 

Repeal  of  inconsistent  laws.  §  6.  No  person  shall  be 
entitled  to  a  transfer  upon  any  street  railway  within  this 
State  except  under  the  conditions  and  subject  to  the  limita- 
tions and  restrictions  contained  in  this  chapter  and  all  Acts 
and  parts  of  Acts,  and  all  other  regulations,  requirements, 
or  provisions,  relating  to  transfers  on  street  railways, 
which  are  Inconsistent  with  this  chapter  are  hereby  re- 
pealed, canceled  and  annulled. 

Acceptance  of  the  provisions  of  this  chapter.  §  7.  Any 
corporation  created  by  the  general  assembly  at  its  January 
session,  A.  D.,  1902,  or  at  any  subsequent  or  future  session 
may  accept  and  assent  to  In  writing  the  provisions  of  chap- 
ter 965  of  the  public  laws  passed  March  28,  1902,  as 
amended  by  chapter  1008  of  the  public  laws,  passed  April 
4,  1902,  in  accordance  with  the  provisions  of  said  chapters: 
Provided,  that  with  respect  to  companies  which  have  ac- 
cepted or  shall  accept  the  provisions  of  said  chapter  965, 
or  said  chapter  965  as  amended  by  chapter  1008,  this  chap- 
ter shall  not  be  construed  as  an  alteration,  amendment,  or 
repeal  of  said  chapters,  but  shall  be  construed  as  continuing 
In  full  force  the  provisions  of  said  chapters. 

Enforcement  by  attorney-general,  i  8.  It  shall  be  the 
duty  of  the  attorney-general  to  enforce  compliance  with  the 
provisions  of  §  1  of  this  chapter  by  mandamus  or  by  other 
appropriate  proceedings. 

CHAPTER    218. 

or   THE   BEGULATION    OF   THE   HOUKS    OF   LABOR   OF   CERTAIN    EM- 
PLOYES OF  SIUEET  BAILWAY  COBPOHATIONS. 

Day's  work  10  hours.  §  1.  A  day's  work  for  all  con- 
ductors, gripmen,  and  motormen  now  employed  or  who  may 
hereafter  be  employed  in  the  operation  of  all  street  rail- 
ways, of  whatever  motive  power,  in  this  State  shall  not 
exceed  10  hours  work,  to  be  performed  within  12  con- 
secutive hours.  No  officer  or  agent  of  any  corporation 
operating  street  cars,  of  whatever  motive  power,  in  this 
State  shall  on  any  day  exact  from  any  of  its  said  employes 
more  than  the  said  10  hours'  work  within  the  24  hours  of 
the  natural  day,  and  within  12  consecutive  hours:  Pro- 
vided, however,  that  on  all  legal  holidays,  and  on  oc- 
casions when  an  unexpected  contingency  arises  demand- 
ing more  than  the  usual  service  by  such  street  railway 
corporation  to  the  public,  or  from  such  employes  to  the 
corporation,  and  in  case  of  accident  or  unavoidable  delay, 
extra  labor  may  be  performed  for  extra  compensation;  and 
that  nothing  herein  contained  shall  affect  existing  written 
contracts. 

Employes  may  contract  for  longer  hours.  §  2.  The  true 
intent  and  purpose  of  this  chapter  is  hereby  declared  to 
be  to  limit  the  usual  hours  of  labor  of  the  above-mentioned 
employes  of  street  railway  corporations,  in  the  absence  of 
agreement  as  to  such  hours  between  such  employes  and 
their  employer,  to  10  hours'  actual  work  a  day,  to  be  per- 
formed within  a  period  of  12  consecutive  hours,  whether 
such  employes  be  employed  by  the  trip  or  trips,  the  Job, 
the  hour,  the  day,  the  week,  the  month  or  in  any  other 
manner.  But  nothing  in  this  chapter  contained  shall  be 
construed  to  forbid  or  prevent  any  such  employe,  being  of 
age  of  21  years  or  upwards,  from  laboring  a  greater  or 
lesser  number  of  hours  a  day,  in  accordance  with  his  con- 
tract 80  to  do;  nor  to  impose  any  penalty  upon  any  person 
or  corporation  for  permitting  such  employes  to  labor  such 
greater  or  lesser  number  of  hours  in  the  performance  of 
such  contract. 

Penalty.  |  3.  Any  street  railway  corporation  violating 
any  of  the  provisions  of  the  preceding  sections  of  this  chap- 
ter shall  be  fined  not  less  than  $100  nor  more  than  $500, 
one-half  thereof  to  the  use  of  the  complainant  and  the  other 
half  to  the  use  of  the  State. 

CHAPTER  91. 

or  FRANCHISES  IN   H10HWAT8. 

Town  or  city  council  may  grant  rights  and  franchises  in 
streets  and  highways.  S  1.  Any  town  or  city,  by  vote  of 
the  town  council  or  city  council,  may  pass  ordinances,  or 
make  contracts  to  be  executed  by  its  proper  officers,  grant- 
ing rights  and  franchises  in,  over  or  under  the  streets 
and  highways  In  such  town  or  city  to  such  corporation, 
and  for  the  purposes  and  upon  the  condition  hereafter 
specified. 


Sue*  grant  may  confer  exclusive  rights  for  25  yean. 
i  2.  Such  grants,  whether  by  ordinance  or  by  contract, 
may  confer  upon  any  corporation  created  by  the  general 
assembly  of  Rhode  Island  for  the  purpose  of  distributing 
water,  or  for  the  purpose  of  producing,  selling  and  dis- 
tributing currents  of  electricity  to  be  used  for  light,  heat 
or  motive-power,  or  for  the  purpose  of  manufacturing, 
selling  and  dUtrlbutlng  illuminating  or  heating  gas,  or  for 
the  purpose  of  operating  street  railways  by  any  motive 
power,  or  for  the  purpose  of  operating  telephones,  the  ex' 
elusive  right,  for  a  time  not  exceeding  25  years,  to  erect, 
lay,  construct  and  maintain  for  the  purposes  for  which  such 
corporation  1b  created,  poles,  wires,  pipes,  conduits,  raili 
or  cables,  with  necessary  and  convenient  appurtenances  ai 
may  be  required  for  the  conduct  of  the  business  of  such 
corporation.  In,  over  or  under  the  streets  of  such  town  or 
city;  Provided,  however,  that  no  grant  of  exclusive  right! 
or  franchises  for  either  of  the  purposes  aforesaid  shall  he 
made  by  any  city  or  town  wherein  at  the  time  a  corporation 
created  for  the  same  purpose,  or  a  person  duly  authorized 
by  law  to  use  the  streets  for  such  purpose,  shall  be  in  actual 
use  and  enjoyment  of  such  rights,  except  to  such  corpcrar 
tlon  or  person  already  carrying  on  business  in  such  city  oi 
town;  and  provided,  further,  that  whenever  in  any  city  oi 
town  more  than  one  corporation  shall  at  the  time  be  in 
actual  use  and  enjoyment  of  portions  of  the  streets  i  nd 
highways  for  either  of  the  purposes  aforesaid,  no  excluslvt 
right  or  franchise  shall  be  granted  to  either  without  h« 
consent  of  the  other;  and  provided,  further,  that  no  sitcb 
grant  shall  prevent  any  town  or  city  from  permitting  enj 
person  or  corporation  to  use  such  streets  or  highways  foi 
any  of  the  purposes  aforesaid  in  order  to  connect  and  se -vc 
any  two  or  more  estates  owned  by  such  person  or  corpora 
tlon. 

Returns — Special  tax — Hoio  divided.  5  3.  Every  car 
poratlon  which  shalll  accept  exclusive  rights  or  franchi  tei 
granted  by  ordinance  or  contract  under  the  provisions  ol 
this  chapter,  shall  make  and  render  to  the  treasurer  of  '  h« 
town  or  city  granting  the  same,  on  or  before  the  thirtii  tl: 
day  of  January,  April,  July,  and  October  In  every  ye  ir 
returns,  verified  by  the  oath  of  its  president  or  treasui  ?r 
of  the  gross  earnings  of  such  corporation  within  such  to  vr 
or  city  for  the  period  of  three  months  next  preceding  the  fl  -si 
day  of  January,  April,  July  and  October  In  the  same  ye  ir 
and  shall  at  the  same  time  pay  to  such  town  or  city  tre  is 
urer,  in  full  payment  for  the  rights  and  franchises  afo 'e 
said,  a  special  tax  upon  said  gross  earnings  at  a  rate  i  ot 
exceeding  3  per  centum  upon  the  gross  earnings  of  si  id 
corporation  within  said  town  or  city  In  such  year.  In  ci  t( 
any  such  corporation  shall  neglect  to  make  payment  ol 
such  quarterly  tax  as  aforesaid,  said  town  or  city  treasu  ei 
may  collect  and  recover  of  said  corporation,  as  other  ta:  ei 
are  collectible,  double  the  amount  of  the  special  tax  sho  vn 
to  be  due  by  the  last  preceding  quarterly  return  of  steh 
corporation.  In  case  any  such  corporation  shall  do  busin-  S! 
In  more  than  one  town  or  city,  and  it  shall  be  unable  to 
ascertain  the  amount  of  its  gross  earnings  in  each  to  vn 
or  city  separately  from  actual  accounts  kept  thereof,  .tj 
returns  of  gross  earnings  to  be  made  as  aforesaid  sh  ill 
state  the  gross  earnings  of  its  entire  business  and  the 
length  of  Its  wires,  pipes,  mains  or  tracks  in  the  stre  ta 
and  highways  of  each  town  or  city,  and  the  gross  earnir  gi 
from  Its  business  In  the  town  or  city  shall  be  taken  to  be 
that  proportion  of  the  whole  gross  earnings  which  the 
length  of  its  wires,  pipes,  mains  or  tracks  in  the  strc'te 
and  highways  of  such  city  or  town  bears  to  the  total  lenf  th 
of  all  Its  wires,  pipes,  mains  or  tracks  In  streets  a  ad 
highways.  J  ■ 

Present  rates  for  service  not  to  he  raised.  §  4.  ^S 
corporation  which  shall  acquire  exclusive  rights  or  fniH 
chises  under  the  provisions  of  this  chapter,  shall  at  any 
time  during  the  continuance  thereof  charge  for  its  product, 
wares  or  service,  to  any  town  or  city  or  the  inhabitants 
thereof,  any  greater  price  than  the  price  actually  charjed 
by  it  at  the  time  of  the  granting  of  such  rights  or  fnin- 
chlses,  both  prices  being  reckoned  in  United  States  g<ild 
coin  of  the  standard  weight  and  fineness  in  force  at  the 
time  of  granting  of  said  right  or  franchise,  or  In  the 
equivalent  thereof  In  actual  value  in  other  lawful  money  o' 
the  United  States. 

How  the  corporation  may  secure  relief  from  such  regula- 
tions. §  5.  The  use  and  enjoyment  of  all  rights  and  fran- 
chlBes  granted  under  the  provisions  of  this  chapter  shall  be 


Public  Service  Laws 


1215 


Bubject  to  such  reasonable  rules  and  regulations  and  orders, 
controlling  the  extent  and  quality  of  construction  and  ser- 
vice to  be  maintained  by  the  corporation  to  which  such 
rights  are  granted,  and  prescribing  the  location  and  ar- 
rangement of  its  traclis,  poles,  wires,  or  conduits,  and  their 
appurtenances,  as  are,  or  may  be  from  time  to  time,  enacted 
by  the  town  or  city  councils.  In  case  any  such  regulation 
or  enactment  shall  seem  to  any  such  corporation  to  be 
unreasonable,  such  corporation,  within  30  days  after 
the  same  has  been  passed,  may  file  its  petition  in  equity 
In  the  Superior  Court,  praying  for  a  decision  of  tffe  ques- 
tion whether  such  regulation  or  order  is  or  is  not  reason- 
able in  the  premises;  and  thereupon  the  said  court,  after 
notice  to  the  city  or  town,  shall  proceed  to  hear  and  deter- 
mine the  matter  according  to  the  course  of  equity. 

Charge  for  use  of  streets  to  conform  to  this  chapter. 
i  6.  No  city  or  town  shall  make  any  charge  to  any  such 
corporation  for  the  use  of  its  streets  except  under  and  In 
accordance  with  the  provisions  of  this  chapter:  Provided, 
that  any  city  or  town  may  require  that  any  street  railway 
company  shall  continue  to  conform  to  any  existing  require- 
ments as  to  paving  and  keeping  in  repair  such  streets  and 
highways. 

CHAPTER   94. 

OF   KEEPING   our   .\XD  REMOVING   PAUPERS. 

Railroad  to  report  passengers,  etc.  §  7.  The  board  of 
State  charities  and  corrections  may  require  any  railroad 
company  located  wholly  or  in  part  within  the  State,  or  the 
owner,  master  or  person  having  charge  of  any  steamboat, 
any  of  whose  passengers  shall  land  within  the  State,  or  any 
agent  or  person  employed  by  such  company,  owner,  master 
or  person  having  such  steamboat  in  charge,  to  make  re- 
turns to  said  board  of  the  name,  sex,  age  and  native  coun- 
try of  any  class  of  passengers  brought  into  the  State  upon 
such  railroad  or  steamboat,  notice  of  which  requirement 
shall  be  served,  by  any  person  authorized  thereto  by  said 
board,  by  leaving  an  attested  copy  of  such  notice  with  the 
treasurer  or  any  ticket-seller  or  station-agent  of  said  rail 
road  company,  or  with  the  owner,  master  or  other  person  In 
charge  of  such  steamboat. 

Penalty  on,  for  neglect  to  report.  §  8.  Such  company,  or  the 
owner,  master  or  person  in  charge  of  such  steamboat,  upon 
whom  notice  shall  have  been  served,  shall  forfeit  $20  for 
each  and  every  day  in  which  he  shall  neglect  to  make  such 
return  after  such  notice  has  been  served,  to  be  recovered 
by  the  agent  of  State  charities  and  corrections  to  the  use 
of  the  State. 

Liability  of,  for  the  support  of  any  paupers  brought  by 
them.  §  9.  Every  railroad  company  or  owner  of  a  steam 
boat,  whose  officers  or  servants  shall  bring  any  poor  and 
Indigent  person  into  the  State,  and  shall  leave  such  person 
therein,  shall  be  liable  for  the  relief  and  support  of  such 
person  for  and  during  12  months  next  after  his  being 
brought  into  the  State,  to  be  recovered  in  an  action 
of  the  case  in  the  name  of  said  agent,  to  the  use  of  tUi 
State;  and  said  company  or  owner  shall,  upon  the  writte.i 
order  of  said  agent,  return  such  person  to  the  place  from 
which  such  company  or  owner  brought  him.  Every  such 
company  or  owner  wilfully  refusing  or  neglecting  to  comply 
with  such  order  shall  forfeit  $500,  to  be  recovered  by  said 
agent  to  the  use  of  the  State. 

CHAPTER   114. 

OF    QUARANTINE. 

Governor  also  may  establish  quarantine.  §  13.  The 
power  to  establish  quarantine  in  this  State  shall  be  vested 
also  in  the  governor;  and  wnenever  the  governor  shall 
deem  It  advisable  for  the  preservation  of  public  health  and 
the  prevention  of  the  spread  of  infectious  diseases,  he  may. 
by  proclamation,  place  under  quarantine  the  whole  State 
or  such  portion  thereof  as  he  may  deem  necessary,  and 
he  shall  authorize  and  empower  the  State  board  of  health 
to  take  such  action  and  make  and  enforce  such  rules  and 
regulations  as  may  be  deemed  necessary  to  prevent  the  In- 
troduction and  to  restrict  the  spread  of  infectious  diseases 
in  the  State. 

Transportation  companies  to  comply  with  rules.  §  14. 
Whenever  quarantine  is  declared  all  railroad  and  steamboat 
corporations,  stage  lines,  the  owners,  assignees,  officials  and 
employes  of  the  same  and  of  all  vehicles  and  modes  of 
conveyance  of  passengers,  baggage  and  freight,  shall  oh- 
serve  and  comply  with  the  rules  and  regulations  made  by 


the  said  State  board  of  health;  and  any  person  knowingly 
violating  any  of  the  said  rules  and  regulations  of  the 
said  board  shall,  upon  conviction  thereof,  be  fined  not 
more  than  $50,  or  be  imprisoned  not  more  than  two  years. 

CHAPTER  119. 

OF   CONTAGIOUS   DISEASES    AMONG   CATTLE. 

Penalty  for  bringing  infected  animals  into  State,  or  ex- 
posing the  same.  §  1.  Every  person  bringing  into  the 
State  any  neat  cattle  or  other  animals  which  he  knows  to 
be  infected  with  any  infectious  or  contagious  disease,  oi 
who  shall  expose  such  cattle  or  other  animals,  known  to 
him  to  be  so  infected,  to  other  cattle  and  animals  not  In- 
fected with  such  disease,  shall  be  fined  not  less  than  $100 
nor  more  than  $500. 

Town  councils  may  pass  ordinances  to  prevent  infec- 
tion. §  2.  The  town  councils  of  the  several  towns  may 
pass  such  ordinances  as  they  may  think  proper,  to  prevent 
the  spread  of  infectious  or  contagious  diseases  among  cattle 
and  other  animals  within  their  respective  towns,  and  may 
prescribe  penalties  for  the  violation  thereof,  not  exceeding 
120  for  any  one  offense. 

Board  of  agriculture  may  prohibit  introduction  of 
ani7nals  into  the  State.  §  3.  The  State  board  of  agriculture 
may  prohibit  the  introduction  of  any  cattle,  or  other  do- 
mestic animals  into  the  State.  Every  person  wTio  shall 
bring,  transport  or  introduce  any  cattle  or  other  do- 
mestic animals  into  the  State,  after  said  board  or  any  one 
of  them  shall  have  issued  an  order  forbidding  the  same, 
or  after  said  board  shall  have  published  for  five  successive 
days  in  such  newspapers  published  in  this  State  as  the 
said  board  may  direct,  an  order  forbidding  such  introduc- 
tion, shall  be  fined  not  exceeding  $300  for  every  such 
offense;  and  every  officer  or  agent  of  any  company  or  other 
per«on  who  shall  violate  such  order,  shall  be  subject  to 
the  fine  aforesaid.  In  case  of  the  introduction  into  the 
State  of  cattle  or  other  domestic  animals,  contrary  to  the 
order  of  said  board,  the  Introduction  of  each  animal  shaU 
be  deemed  a  separate  and  distinct  offense. 

CHAPTER  123. 

OF    THE    .SUPPRESSION    OF   INTEMPERANCE. 

Penalti/  on  expressmen,  etc..  for  receiving  liquors  sold. 
ejc.  §  27.  Every  expressman,  common  carrier,  or  other 
person  who  shall,  for  the  purpose  of  carrying  to  any  other 
person,  receive  any  such  liquor  which  has  been  sold  or  Is 
Intended  for  sale,  in  violation  of  this  chapter,  he  having 
reasonable  cause  to  believe  that  the  same  has  been  or  Is 
Intended  to  be  so  sold,  shall  be  fined  $25,  and  may  be 
prosecuted  therefor  In  the  town  where  such  liquor  may 
have  been  received  or  in  any  town  through  or  into  which 
it  may  have  been  carried. 

Penalty  on  agents  of  railroads  for  receiving  such  liquora. 
i  28.  Every  person  having  authority  from  any  railroad 
company  to  receive  goods  to  be  transported  by  such  com- 
pany, who  shall  receive  any  spirituous  or  intoxicating 
liquor  which  has  been  sold  or  is  intended  for  sale  In  viola- 
tion of  this  chapter,  for  the  purpose  of  having  the  same 
transported  on  such  railroad,  and  having  reasonable  cause 
to  believe  that  the  same  has  been  so  sold  or  is  so  intended 
for  sale,  shall  be  fined  $20. 

CHAPTER  128. 

OF   RAILROAD  AND   STEAMBOAT  POtlCE. 

Railroad  and  steamboat  police,  how  appointed.  5  1-  The 
governor  may  from  time  to  time,  upon  the  application  of 
any  common  carrier  of  passengers,  commission  for  an  In- 
definite term  one  or  more  persons  designated  by  such 
common  carrier,  who,  having  been  duly  sworn,  may  act  at 
its  expense  as  police  officers  upon  the  premises  used  by  It 
in  Its  business  and  upon  its  cars  and  vessels.  Such  com- 
mission may  be  revoked  by  and  at  the  pleasure  of  the  ap- 
pointing or  any  succeeding  governor,  by  certifying  such 
revocation  to  the  secretary  of  State,  who  shall  thereupon 
notify  the  common  carrier  upon  whase  application  such 
commission  was  issued. 

Officer  to  wear  badge.  §  2.  Every  such  officer  shall, 
when  on  duty,  wear  in  plain  sight  a  metallic  badge 
Inscribed  with  the  words  "Railroad  police"  and  the  name 
or  initials  of  the  corporation  for  which  he  is  appointed; 
or  "Steamboat  police,"  according  to  his  appointment. 

Powers  of  railroad  police.    §  3.    Railroad  police  officers 


iai(j 


Aational  Association  of  Railway  Commissioners 


may  preserve  order  within  and  upon  tlie  premises  and  cars 
of  tiie  corporation  upon  whose  petition  they  were  ap 
pointed;  may  arrest  without  a  warrant  intoxicated  or  dis- 
orderly persons  frequenting  such  premises  or  cars  and  by 
their  presence  or  conduct,  or  by  profane  or  Indecent 
language  obstructing  or  annoying  travelers  using  the  same, 
and  may  take  such  persons  to  the  nearest  police  station  or 
other  place  of  lawful  detention. 

May  arrest  and  confine  certain  persons  on  train.  §  4. 
If  a  passenger  upon  a  railroad  train  refuses  to  pay  his 
fare,  or  is  noisy  or  disorderly,  a  railroad  police  officer  may 
arrest  him  without  a  warrant,  and  remove  him  to  the 
baggage  or  other  suitable  car  of  such  train  and  confine  him 
there  until  the  arrival  of  such  train  at  some  station  where 
■uch  passenger  can  be  placed  in  charge  of  an  officer,  who 
shall  take  him  to  some  place  of  lawful  detention. 

Powers  of  steamboat  police.  §  5.  Steamboat  police  officers 
shall  have  similar  powers  upon  the  vessels  and  boats  of  the 
carriers  upon  whose  petition  they  were  appointed,  and  upon 
the  premises  and  at  the  wharves  and  landing  places  owned 
or  used  by  such  carrier,  to  those  given  by  the  preceding 
two  sections  to  railroad  police  officers. 

How  long  persons  arrested  without  a  warrant  may  be 
held.  §  6.  Any  person  arrested  without  a  warrant  under 
the  provisions  of  the  preceding  three  sections  may  be  de- 
tained until  a  complaint  can  be  made  against  him,  and  he 
be  taken  upon  a  warrant  issued  upon  such  complaint:  Pro- 
vided, that  such  arrest  and  detention  without  a  warrant 
shall  not  continue  longer  than  the  space  of  six  hours  when 
such  arrest  Is  made  between  the  hours  of  4  o'clock  in  the 
morning  and  8  o'clock  in  the  evening,  and  when  made  at 
any  other  hours  the  person  arrested  shall  not  be  so  detained 
after  10  o'clock  in  the  morning  of  the  following  day.  The 
District  Court  having  jurisdiction  within  the  district  In 
which  such  person  is  detained  shall  have  jurisdicton  of  the 
offenses  specfied  in  the  preceding  three  sections,  and  any 
person  found  guilty  of  any  such  offenses  shall  be  fined  not 
exceeding  ?20. 

Officers  to  be  paid  by  employer.  §  7.  Railroad  and  steam- 
boat police  officers  shall  be  paid  by  the  corporation  or  car- 
rier upon  whose  petition  they  were  appointed,  and  such 
corporation  or  carrier  shall  be  liable  to  parties  for  any  offi- 
cial misconduct  of  such  officers  to  the  same  extent  as  for 
torts  of  agents  and  servants  in  their  employment,  but  no 
town  or  city  shall  be  responsible  for  the  acts  of  such  officers. 

CHAPTER  138. 

OF   CRUELTY   TO   AN1M.\LS. 

Animals  to  be  Jed  and  watered.  §  3.  No  railroad  com- 
pany, in  the  transportation  of  animals,  shall  permit  the 
same  to  be  confined  in  cars,  after  they  shall  have  been 
so  confined  28  consecutive  hours,  without  unloading  the 
same  for  rest,  water  and  feeding,  at  least  five  consecutive 
hours,  unless  prevented  from  so  unloading  by  storm  or  acci- 
dental causes.  In  estimating  such  confinement,  the  time 
during  which  the  animals  have  been  confined  without  such 
rest  on  connecting  roads  from  which  they  are  received  shall 
be  Included;  it  being  the  intent  of  this  chapter  to  pro- 
hibit their  continuous  confinement  longer  than  28  hours, 
except  upon  contingencies  hereinbefore  stated.  Animals  so 
unloaded  shall  be  properly  fed,  watered  and  sheltered,  dur- 
ing such  rest  by  the  owner  or  person  having  the  custody 
thereof;  or  in  case  of  his  default  in  so  doing,  then  by  the 
railroad  company  transporting  the  same,  at  the  expense  of 
■aid  owner  or  person  in  custody  thereof,  and  said  company 
shall  in  such  case  have  a  lien  upon  such  animals  for  food 
care  and  custody  furnished,  and  shall  not  be  liable  for  any 
detention  of  such  animals  authorized  by  this  chapter.  Any 
company,  owner  or  custodian  of  such  animals,  who  shall 
fail  to  comply  with  the  provisions  of  this  section,  shall 
for  every  such  offense  be  fined  not  less  than  ?100  nor  more 
than  $500;  Provided,  however,  that  whenever  animals  shall 
be  carried  in  cars  in  which  they  can  and  do  have  proper 
food,  water,  space  and  opportunity  for  rest,  the  foregoing 
provisions  for  unloading  them  shall  not  apply. 

CHAPTER  213. 

PROVISIONS    RESPECTING    CORPORATIONS    IN    GENERAL. 

Franchise  and  properly  of  railroad  corporations  may  be. 
redeemed  from  sale  on  execution,  in  what  manner.  %  16. 
The  franchise  and  property  of  a  railroad  corporation  may 
be  redeemed  by  it,  or  any  mortgagee  thereof,  from  sale 
on  execution  by  paying  or  tendering  to  the  purchaser  the 


sum  paid  therefor  at  such  sale,  with  interest  at  any  time 
within  60  days  after  the  final  determination  of  any  writ 
of  error  to  reverse  the  judgment  upon  which  such  execu- 
tion issued,  or  of  any  suit  to  test  the  validity  of  such  sale, 
brought  before  the  sale  or  within  60  days  thereafter;  but 
nothing  herein  shall  be  construed  as  authorizing  such  a 
sale. 

Rights  and  duties  of  purchasers  of  railroad  and  of  street 
railway  property,  by  foreclosure  or  under  judicial  sale. 
§  17.  The  purchaser  of  any  railroad  or  street  railway  and 
of  the  property,  rights,  privileges  and  franchises  therewith 
connected,  at  a  sale  under  a  valid  foreclosure  of  a  legal 
mortgage  thereof  or  at  a  valid  sale  under  the  power-of-sale 
of  such  mortgage,  or  at  a  valid  sale  under  the  orders  and 
directions  of  any  court  of  competent  jurisdiction,  and  the 
grantee  and  successors  in  title  of  any  such  purchaser,  shall 
be  subject  to  all  and  the  same  duties,  liabilities,  restrictions 
and  other  provisions  respecting  such  railroad  or  street  rail- 
way, or  arising  from  the  construction,  maintenance  and 
operation  thereof,  and  shall  have  all  and  the  same  powers 
and  rights  relating  to  such  railroad  or  street  railway  ard 
the  construction,  maintenance  and  operati6n  thereof,  which 
the  corporation  by  which  said  mortgage  was  made,  or  whi<  h 
was  the  owner  of  such  railroad  or  street  railway  at  the 
time  of  such  sale,  was  subject  to  and  had  at  the  time  o( 
said  sale. 

Such  purchasers  may  dispose  of  such  property  to  certain 
corporations,  and  receive  in  payment  therefor,  the  stock  cr 
bonds  of  such  corporations.  §  18.  Any  such  purchaser  of 
any  such  railroad  or  street  railway,  and  of  such 
property,  rights,  privileges,  and  franchises,  shall  hai  e 
the  right  and  is  hereby  authorized  and  empowertd 
to  sell,  assign,  transfer  and  convey  all  and  singular  such 
railroad  or  street  railway  and  such  property,  right;;, 
privileges  and  franchises  so  purchased  by  him,  to  any 
legally  organized  corporation  duly  created  and  empowered 
to  construct,  maintain  and  operate  a  railroad  or  stre<  t 
railway,  and  to  purchase,  maintain,  operate  and  use  any 
such  railroad  or  street  railway,  and  such  property,  right  i, 
privileges  and  franchises,  upon  such  terms  and  conditioi  s 
as  may  be  mutually  agreed  upon  between  such  purchas<  r 
and  such  corporation;  and  the  person  so  selling  any  suc*i 
railroad  or  street  railway  and  such  property,  right  i, 
privileges  and  franchises  to  such  corporation,  may  recei^  9 
in  payment  for  the  same  the  stock  or  bonds  of  such  co> 
poratlon  at  not  less  than  the  par  value  thereof. 

CHAPTER  257. 

OF   LIENS. 

Lien  of  mechanic  contracting  with  owner  of  lan^ 
Whenever  any  building,  canal,  turnpike,  railroad  or  othc  r 
improvement  shall  be  constructed,  erected  or  repaired  I  y 
contract  with  or  at  the  request  of  the  owner  thereof,  such 
owner  being  at  the  time  the  owner  of  the  land  on  which 
the  same  then  is,  or  by  the  husband  of  such  owner  will 
the  consent  of  his  wife  in  writing,  such  building,  cansl, 
turnpike,  railroad  or  other  improvement,  together  with 
the  said  land,  is  hereby  made  liable  and  shall  stand  pledge  i 
for  all  the  work  done  in  the  construction,  erection  or  repar- 
ation of  such  building,  canal,  turnpike,  railroad  or  othi  r 
Improvement,  and  for  the  materials  used  in  the  construc- 
tion, erection  or  reparation  thereof,  which  have  been  fur  i- 
ished  by  any  person  before  any  other  lien  which  shall 
originate  subsequent  to  the  commencement  of  such  ere* 
tion,  construction  or  reparation  on  such  land. 

Lien  of  mechanic  contracting  with  lessee.  §  2. 
ever  any  building,  canal,  turnpike,  railroad  or  other" 
provement  shall  be  constructed,  erected  or  repaired  by  coi-' 
tract  with  or  at  the  request  of  any  lessee  or  tenant  therec  f. 
or  by  the  husband  of  such  lessee  or  tenant,  with  the  coi- 
sent  of  his  wife  in  writing,  the  interest  and  title  of  such 
lessee  and  tenant  In  the  said  building,  canal,  turnpike, 
railroad  or  other  improvement,  and  in  the  land  on  which 
the  same  is  located,  shall  stand  pledged  for  all  the  work 
done  and  materials  used  and  furnished  in  the  construc- 
tion, erection  or  reparation  of  such  building,  canal,  turn- 
pike, railroad  or  other  improvement,  and  not  the  interest 
or  title  of  the  landlord  of  such  lessee  or  tenant,  unless 
the  consent  In  writing  of  such  landlord  is  first  obtained, 
assenting  to  such  construction,  erection  or  reparation, .  and 
acknowledging  his  estate  to  be  also  holden  for  the  pay- 
ment thereof. 

Lien  of  mechanic  contracting  with  anyone  owning  les» 


u    ere  i> 

ler  w-i| 


Public  Service  Laws 


1217 


than  the  freehold  in  land.  §  3.  Whenever  any  building, 
canal,  turnpike,  railroad  or  other  improvement  shall  be 
constructed,  erected  or  repaired  by  contract  with  or  at  the 
request  of  the  owner  thereof,  such  owner  being  at  the 
time  owner  of  less  than  a  freehold  in  the  land  on  which 
the  same  is  located,  or  by  the  husband  of  such  owner  with 
the  consent  of  his  wife  in  writing  (and  unless  such  con- 
sent in  writing  shall  be  given,  no  lien  shall  be  had  either 
against  the  husband's  or  wife's  interest  in  the  same),  such 
building,  canal,  turnpilie,  railroad  or  other  improvement, 
together  with  the  title  and  interest  of  the  owner  thereof  iu 
the  land  on  which  the  same  is  located,  shall  stand  pledged 
for  all  the  work  done  and  material  used  and  furnished 
in  the  construction,  erection  or  reparation  of  such  building, 
canal,  turnpike,  railroad  or  other  improvement,  and  not 
the  interest  or  the  title  of  the  owner  of  the  fee  in  such 
land,  unless  the  consent  in  writing  of  such  owner  is  first 
obtained,  assenting  to  such  construction,  erection  or  repara 
tion  and  acknowledging  his  estate  to  be  also  holden  for 
the  payment  thereof. 

Lien  under  a  written  contract — When  legal  process  must 
te  commenced  to  enforce.  §  4.  If  such  building,  canal, 
turnpike,  railroad  or  other  improvement  shall  be  con- 
structed, erected  or  repaired  under  a  written  contract,  then 
the  lien  created  by  this  chapter  in  favor  of  such  contractor, 
for  the  sums  stipulated  to  be  paid  on  such  contract,  shall 
be  wholly  lost,  unless  legal  process  shall  be  commenced 
for  enforcing  the  same,  in  manner  hereinafter  provided, 
within  four  months  from  the  time  that  any  payment  on  such 
contract  shall  become  due  and  payable,  if  such  payment 
shall  not  then  be  made. 

Lien  under  contract  not  in  writing—When  legal  process 
must  be  commenced  to  enforce.  §  5.  No  person  who  shall 
do  work  for  or  furnish  materials  to  be  used  in  the  con 
Btruction,  erection  or  reparation  of  any  buildmg,  canal, 
turnpike,  railroad  or  other  improvement,  without  written 
contract,  shall  have  any  advantage  of  any  lien  therefor 
created  by  this  chapter,  unless  he  shall  commence  legal 
process  for  enforcing  the  same,  in  manner  hereinafter  pro- 
vided, within  six  months  from  the  time  of  the  commencing 
the  doing  of  such  work  or  of  the  commencing  the  deliver-? 
of  materials,  if  payment  for  the  same  shall  not  then  be 
made;  and  provided,  further,  that  no  lien  shall  attach  for 
materials  furnished  unless  the  person  furnishing  the  same 
shall,  within  60  days  after  such  materials  are  placed  upon 
the  land,  give  notice  in  writing  to  the  owner  of  the  property 
to  be  affected  by  the  lien  (if  such  owner  be  not  the  pur- 
chaser of  the  materials)  that  he  intends  to  claim  such 
lien,  and  shall  within  the  aforesaid  60  days  place  a  copy  of 
said  notice  on  record  in  the  office  of  the  town  clerk  or 
recorder  of  deeds  of  the  town  or  city  in  which  said  land  1* 
situated,  in  a  book  to  be  kept  for  that  purpose. 

Lien  of  contractor  or  sut-contractor  when  lost,  unless 
legal  process  is  commenced.  §  6.  Any  person  who  shall 
do  or  furnish  work  or  labor  in  the  construction,  erec- 
tion or  reparation  of  any  building,  canal,  turnpike,  rail- 
road or  other  improvement,  at  the  request  of  any  person 
who  has  entered  into  a  contract,  whether  in  writing  or 
not,  as  contractor  or  any  sub-contractor  for  such  con- 
struction, erection  or  reparation,  shall  have  a  lien  for 
all  such  work  and  labor  furnished  or  done  by  him 
within  40  days  next  preceding  the  time  he  shall  give 
the  notice  hereinafter  required.  Any  person  in  order  to 
acquire  such  lien  shall  give  notice  in  writing  of  his  In- 
tention to  claim  such  lien  personally  to  the  person 
against  whose  estate  or  title  he  claims  a  \'.e;\.  cr  by 
leaving  the  same  at  his  last  and  usual  place  of  abode, 
if  any,  in  this  State,  and  shall  within  10  days  after  giv- 
ing such  notice  place  a  copy  of  said  notice  on  record 
In  the  oflice  of  the  town  clerk  or  recorder  of  deeds  of  the 
town  or  city  in  which  said  land  is  situated,  in  a  book 
to  be  kept  for  that  purpose;  and  if  such  owner  cannot 
be  found,  and  has  no  place  of  abode  within  the  State, 
the  said  notice  may  be  served  by  posting  it  on  the  said 
land;  and  within  four  months  from  the  time  notice  shall 
be  given  as  aforesaid,  said  claimant  shall  commence 
legal  process,  as  is  hereinafter  provided,  to  enforce  the 
1  lien,  otherwise  said  lien  shall  be  lost. 
!  Commencement  of  legal  process  is  what.  §  7.  The 
commencement  of  legal  process  to  enforce  the'  liens 
hereby  created  shall  be  the  lodging  the  account  or 
demand  for  which  the  lien  is  claimed,  in  the  office  of 
the  town  clerk  of  the  town  or  towns  in  which  the  build- 


ing, canal,  turnpike,  railroad  or  other  improvement  Is 
situated,  with  notice  to  what  building,  canal,  turnpike, 
railroad,  improvement  and  land  and  to  what  or  whose 
estate  in  the  same  the  said  account  or  demand  refers, 
except  in  the  city  of  Providence,  where  the  same  shall 
be  lodged  in  the  office  of  the  recorder  of  deeds  of 
said  city;  and  the  said  clerk  or  recorder  of  deeds,  as  the 
case  may  be,  shall  record  the  names  of  the  parties, 
the  amount  of  the  claims  and  the  notice  aforesaid, 
and  the  exact  time  of  the  filing  said  account  or  de- 
mand in  his  office,  in  a  book  to  be  by  him  kept  for 
that  purpose;  but  the  original  account  need  not  bo 
recorded,  but  shall  be  kept  on  file. 

Word  "land"  as  used  in  §§  1,  2,  S,  9,  16  includes  what. 
S  20.  The  word  "land, "  as  used  in  §§  1,  2,  3,  9  and  16  of 
this  chapter,  shall  be  so  construed  as  to  include  so 
much  of  the  land  and  its  appurtenances,  under  and 
adjoining  such  building,  canal,  turnpike,  railroad  and 
other  improvement  belonging  to  the  owner  of  such  build- 
ing, canal,  turnpike,  railroad  and  other  improvement,  as  the 
person  erecting,  constructing  or  repairing  the  same  and 
furnishing  materials  as  aforesaid  for  such  erection,  con- 
struction or  reparation,  may  choose  to  describe  in  his  com- 
mencement of  legal  process  against  the  same. 

Incomplete  contracts,  in  case  of  sale.  §  21.  Whenever 
any  such  building,  canal,  turnpike,  railroad  or  other 
Improvement  shall  be  subject  to  sale  under  this  chapter, 
and  legal  process  shall  be  commenced  against  the  same, 
any  contractor  who  shall  not  have  fully  completed  his 
contract  in  relation  to  the  erection,  construction  or  repar 
ration  thereof,  shall  thereafter  be  excused  from  com- 
pleting the  same,  and  such  contractor  shall  have  his 
lien  thereon  for  the  full  value  of  the  work  done  and 
materials  by  him  furnished. 

CHAPTER  259. 

OP  TRUSTS. 

Liability  of  trustee  in  trust  deed.  §  22.  Whenever  any 
railroad  corporation  shall  mortgage  or  convey  in  trust 
Its  railroad  or  railroad  property  or  any  part  thereof  to 
trustees,  for  the  security  of  its  bondholders  or  other 
creditors,  or  for  the  security  of  any  class  of  such  bond- 
holders or  other  creditors,  and  such  trustees  shall  have 
taken  possession  of  any  railroad  or  railroad  property. 
In  pursuance  of  any  authority  contained  in  their  mort- 
gage or  deed  of  trust,  and  shall  take  charge  of  and 
operate  such  railroad  or  railroad  property  for  the  benefit 
of  the  creditors  for  whom  such  trust  was  created,  sucll 
trustees  shall  not,  after  the  assent  of  the  bondholders 
as  hereinafter  provided,  be  personally  liable  for  aajr 
cause  or  injury  arising  from  the  operation  of  snch 
road  or  while  they  may  operate  the  same,  except  for 
their  wilful  mismanagement  or  for  any  contracts  made 
by  them  as  such  trustees;  but  all  such  railroad  prop- 
erty shall,  the  bondholders  having  assented  thereto, 
be  liable  for  the  acts  and  proceedings  of  such  trustees 
in  the  execution  of  their  trusts  to  the  extent  of  the 
interest  of  the  said  trustees  of  the  bondholders  or 
creditors  for  whose  benefit  such  trustees  may  act,  and 
any  action  or  other  proceeding  therefor  shall  be  brought 
against  such  trustees,  describing  them  as  such. 

CHAPTER  283. 

OF    CIVIL    ACTIONS. 

Action  for  damages  for  death  by  wrongful  act.  g  IC 
Whenever  the  death  of  a  person  shall  be  caused  by 
the  wrongful  act,  neglect  or  default  of  another,  and  tlie 
act,  neglect,  or  default  is  such  as  would,  if  death  had 
not  ensued,  have  entitled  the  party  injured  to  maintain 
an  action  and  recover  damages  in  respect  thereof,  the 
person  who,  or  the  corporation  which,  would  have  been 
liable  if  death  had  not  ensued  shall  be  liable  to  an  action 
for  damages,  notwithstanding  the  death  of  the  person 
injured,  and  although  the  death  shall  have  been  caused 
under  such  circumstances  as  amount  in  law  to  a  felony. 
Every  such  action  shall  be  brought  by  and  in  the  name 
of  the  executor  or  administrator  of  such  deceased  person, 
whether  appointed  or  qualified  within  or  without  the 
State,  and  the  amount  recovered  in  every  such  action 
shall  one-half  thereof  go  to  the  husband  or  widow,  and 
one-half  thereof  to  the  children  of  the  deceased,  and  It 
there  be  no  children  the  whole  shall  go  to  the  husband  or 
widow,  and  If  there  be  no  husband  or  widow,  to  the  next  of 


1218 


National  Association  of  Railway  Commissioners 


« 


kin.  In  the  proportion  provided  by  law  in  relation  to  the  dis- 
tribution of  personal  property  left  by  persons  dying  intes- 
tate: Provided,  that  every  such  action  shall  be  com- 
menced within  two  years  after  the  death  of  such  person. 
If  there  is  no  executor  or  administrator,  or  if,  there 
being  one,  no  action  is  brought  in  his  name  within  six 
months  after  the  death,  one  action  may  be  brought  In 
the  names  of  all  the  beneficiaries,  either  by  all,  or  by 
part  stating  that  they  sue  for  the  benefit  of  all,  and 
stating  their  respective  relations  to  the  deceased: 
I>rovided,  that  if  all  do  not  bring  suit,  only  those  bring- 
ing It  shall  be  responsible  for  costs;  but  judgment  shall 
be  tor  the  benefit  of  all,  and  shall  be  entered  as  several 
Judgments  for  each  in  his  proportion  as  aforesaid,  and 
executions  thereon  shall  Issue  in  favor  of  each  respect- 
ively: Provided,  further,  that  if  action  be  brought 
by  the  beneficiaries,  no  action  shall  thereafter  be  brought 
by  the  executor  or  administrator.  There  shall  be  bui 
•one  bill  of  costs  in  favor  of  the  plaintiffs,  which  shall 
enure  equally  for  the  benefit  of  those  bringing  the  suit, 
«nd  of  them  only. 

Criminal  proceedings  not  necessary.  |  15.  In  order  to 
maintain  any  action  given  in  and  by  the  preceding  sec- 
tion, it  shall  not  be  necessary  to  first  institute  criminal 
proceedings  against  the  defendant. 

CHAPTER  345. 

OF  OFFENSES   AGAINST  PRIVATE  PROPEBTT. 

Penalty  for  obstructing  railroad.  §  29.  Every  person 
■who  shall  wilfully  plase  upon  any  railroad  track  any 
substance  or  thing  with  intent  to  hinder  or  impede  the 
passage  of  any  locomotive  engine  or  car  over  such  rail- 
road, or  shall  wilfully  do  any  other  act,  matter  or  thing  with 
Intent  to  hinder,  impede  or  interrupt  the  passage  of  such 
locomotive  engine  or  car,  or  whoever  wilfully  throws 
Into,  against  or  upon,  or  puts,  places  or  explodes  or 
causes  to  be  exploded  in,  upon  or  near  a  public  high- 
way, building,  monument,  bridge,  railroad  track,  or  car 
thereon,  or  vessel,  any  gunpowder  or  other  explosive 
substance,  or  a  bomb-shell,  torpedo,  or  any  instrument 
or  package  filled  or  loaded  with  an  explosive  substance, 
with  intent  unlawfully  to  destroy  or  injure  such  high- 
way, building,  monument,  bridge,  railroad  track,  car  or 
vessel,  or  any  person  or  property  in,  on  or  near  such 
highway,  building,  monument,  highway,  bridge,  railroad 
track,  car  or  vessel,  shall  be  imprisoned  not  exceeding 
20  years  or  be  fined  not  exceeding  $10,000,  or  both. 
[As  amended,  1909.] 

Penalty  for  obstructing  railroad.  §  30.  Every  person 
who  shall  wilfully  place  upon  any  railroad  track  any 
substance  or  thing  with  Intent  to  hinder  or  impede 
the  passage  of  any  locomotive  engine  or  car  over  such 
railroad,  or  shall  wilfully  do  any  other  act,  matter  or 
thing,  with  intent  to  hinder,  impede  or  interrupt  the 
passage  of  such  locomotive  engine  or  car,  shall  be  im- 
prisoned not  exceeding  10  years  or  be  fined  not  exceed- 
ing   $10,000. 

Penalty  for  wilfully  causing  railroad  train  to  be  stopped. 
S  31.  Whoever  wilfully  or  maliciously  stops  or  causes  to 
be  stopped  a  train  on  a  railroad,  for  the  purpose  of  enter 
Ing,  leaving  or  wantonly  delaying  the  same,  shall  be 
"fined  not  less  than  $5  nor  more  than  $50. 

Penalty  for  throwing  or  shooting  missiles  at  trains  at 
ttreet  cars,  or  employes.  §  32.  Whoever  wilfully  throws 
■or  shoots  a  missile  at  a  locomotive  engine,  or  railroad 
or  street  railway  car,  or  at  a  person  on  such  engine  or 
car,  or  in  any  way  assaults  or  interferes  with  a  con- 
ductor, engineer,  brakeman,  driver  or  motorman  while 
In  discharge  of  his  duty  on  or  near  a  railroad  engine, 
car  or  train,  or  on  or  near  a  street  railway  car,  shall 
ibe  fined  not  less  than  $5  nor  more  than  $100,  or  be  im- 
prisoned in  the  county  Jail  not  less  than  three  months 
nor  more   than   one  year. 

Penalty  for  molesting  railroad  signals.  §  33.  Whoever 
unlawfully  and  Intentionally  Injures,  molests  or  destroys 
any  electric  or  other  signal  of  a  railroad  corporation, 
or  any  line,  wire,  post  or  other  structure  or  mechanism 
used  in  connection  with  such  signal  on  a  railroad,  or 
•destroys,  or  in  any  way  Interferes  with,  the  proper 
working  of  such  signal,  shall  be  punished  by  a  fine 
Hot  exceeding  $500,  or  by  imprisonment  not  exceeding  two 
years. 


Penalty  for  wilfully  taking  waste  or  packing  from  any 
engine.  §  37.  Every  person  who  shall  wilfully  and  ma- 
liciously take  or  remove  the  waste  or  packing  from  out 
of  any  journal  box  or  boxes  of  any  locomotive,  engine, 
tender,  carriage,  coach,  car,  caboose  or  truck  used  or 
operated  upon  any  railroad,  whether  the  same  be  opei'- 
ated  by  steam  or  electricity,  shall  upon  conviction  thereof 
be  imprisoned  not  more  than  three  years  or  be  fined 
not  exceeding  $500. 

Destroying  or  injuring  public  or  private  bounds.  §  38. 
Every  person  who  shall  wilfully  break  down,  remove. 
Injure  or  destroy  any  monument  erected  for  the  purpose 
of  designating  the  boundaries  of  any  town  or  of  any 
tract  or  lot  of  land,  or  any  tree  marked  for  that  pur- 
pose, or  stake  set  up  to  mark  the  line  or  grade  of  any 
railroad,  shall  be  imprisoned  not  exceeding  one  year  or 
be   fined   not  exceeding   $500. 

Evading  payment  of  fare.  §  46.  Every  person  who  shall 
fraudulently  evade  or  attempt  to  evade  the  payment  of 
any  fare  lawfully  established  by  any  railroad  company 
or  by  the  owners  or  charterers  of  any  steamboat  or 
ferryboat  or  by  any  steamship  company,  either  by 
giving  a  false  answer  to  the  collector  of  the  fare,  by 
traveling  beyond  the  point  to  which  he  may  have  paid 
his  fare,  or  by  leaving  the  train,  steamboat,  ferryboat 
or  steamship  without  having  paid  the  fare  established 
for  the  distance  traveled,  or  otherwise,  shall  be  fini:d 
not  less  than  $5  nor  more  than  $20  for  each  and  every  su<;li 
offense:  Provided,  however,  that  nothing  in  this  sectlim 
contained  shall  apply  to  any  person  traveling  over  or  riding 
upon  any  railroad  or  road-bed  owned  or  occupied  by  two  jr 
more  corporations  in  common,  whenever  such  person  lo 
traveling  or  riding  shall  present  and  surrender  as  pay- 
ment of  his  fare,  a  ticket,  either  a  special  or  commuta- 
tion issued  by  either  of  said  corporations,  and  gocd 
for  passage  on  any  of  its  trains  upon  said  common  ro;  d 
or  road-bed  for  the  distance  traveled;  but  nothing  n 
this  section  shall  compel  the  surrender  of  any  mo  -a 
of  any  commutation  ticket  issued  by  either  of  sa  d 
corporations  than  shall  be  stipulated  by  the  terms  of  sa  d 
ticket  as  good  for  a  single  passage  between  the  sar  e 
points  on  its  own  road-bed  whether  held  by  It  in  fee  )r 
under   any   lessee   holding. 

Explosive  substances  to  be  plainly  marked.  §  50.  Eve  y 
person  who  shall  knowingly  deliver  or  cause  to  be  c  e- 
llvered  to  any  person  or  carrier  any  hox,  can  or  oth  -r 
package  of  nltro-glycerlne,  gunpowder,  naphtha  or  oth  it 
equally  explosive  material,  not  marked  with  a  plain  a  id 
legible  label  describing  its  contents,  or  who  shall  remo  e 
or  cause  to  be  removed  any  such  label  or  mark,  sh:  U 
be  fined  not  more  than  $10,000  or  imprisoned  not  mo 'e 
than  five  years. 

Penalty  for  malicious  injury  to  apparatus  for  generati  tg 
or  conducting  electriicty.  §  64.  Every  person  who  sh  ill 
wantonly  or  wilfully  and  maliciously  cut,  destroy,  bre  ik 
down  or  injure,  or  attempt  to  cut,  destroy,  break  do'.'n 
or  injure  any  machine,  appliance  or  apparatus,  used  lar 
generating  electric  currents  or  any  electric  wire  or  otl  er 
appliance  or  apparatus  used  for  the  purpose  of  ct  n- 
ductlng  or  transmitting  electric  currents  for  using  aid 
furnishing  power,  motive  power,  light,  heat,  or  used  :or 
the  purpose  of  transmitting  intelligence  by  means  of 
telegraphic  or  telephonic  apparatus  or  by  means  of 
fire-alarm  signals,  burglar-alarm  signals,  police  signs  Is, 
railway  signals  or  other  apparatus  or  appliance  for  the 
transmission  of  Intelligence,  or  shall  cut,  destroy,  br«ak 
down  or  injure  or  shall  attempt  to  cut,  destroy,  brtak 
down  or  injure  any  pole,  bracket,  insulator  or  otl  er 
device,  apparatus  or  appliance  for  supporting  or  carrying 
any  such  electric  wire,  or  shall  do  any  other  act  inter- 
rupting or  intended  to  interrupt  the  transmission  of  iha 
electric  current  over  any  such  electric  wire,  shall  be 
liable  to  indictment  therefor,  and  upon  conviction  shall 
be  fined  not  exceeding  $3,000  or  imprisoned  not  ex- 
ceeding two  years:  Provided,  that  nothing  herein  can- 
-  tained  shall  be  construed  to  authorize  or  permit  the  at- 
tachment, erection,  use,  operation  or  maintenance  of  my 
such  electric  wire,  apparatus,  pole,  bracket,  insulate-  "■• 
other  device  or  appliance,  upon  the  property  of 
person  or  corporation,  without  the  con.sent  of  the  ov, 
or  owners  thereof;  nor  to  prevent  any  properly  author- 
ized person  from  removing  any  such  electric  wire,  ap- 
paratus, pole,  bracket,  insulator  or  other  device  or  appll- 


Public  Service  Laws 


1219 


ance  for  the  purpose  of  permitting  the  passage  of  any 
building  or  structure,  the  moving  of  which  has  been 
duly  authorized   by   any   city   or   town   council. 

Same  penalty  for  accessories.  §  65.  Every  person  who 
shall  aid,  assist,  abet,  counsel,  hire,  command  or  pro- 
cure any  person  to  do  or  attempt  any  of  the  acts  men- 
tioned In  §  64  of  this  chapter,  shall  be  subject  to  like 
fine  or  imprisonment  as  in  said  section  provided. 

Penalty  for  obstructing  tracks  of  a  street  railway.  §  68. 
Every  person  who  shall  wilfully  and  maliciously  ob- 
struct a  street  railway  company  in  the  use  of  Its 
tracks,  or  wilfully  and  maliciously  delay  or  obstruct 
the    passing    of    its    car    or    carriages    thereon,    shall    be 


punished  by  a  fine  not  exceeding  $3,000  or  by  imprison- 
ment not  exceeding  two  years:  Provided,  that  nothing 
in  this  chapter  shall  be  construed  to  interfere  with  tht! 
necessary  work  of  laying  and  repairing  any  gas  oi' 
water  pipes  or  sewers,  or  the  necessary  and  reasonable 
obstruction  of  tracks  by  vehicles  in  the  process  of 
loading  and  unloading  not  prohibited  by  any  town  or 
city  ordinance. 

Accessories.  §  69.  Every  person  who  shall  aid,  assist, 
abet,  counsel,  hire,  command  or  procure  any  person  to 
do  or  attempt  any  of  the  acts  mentioned  in  the  preceding 
section,  shall  be  subject  to  like  fine  or  imprisonment 
as  provided  in  said  section. 


PUBLIC  SERVICE  LAWS  OF  SOUTH  CAROLINA 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  III. 

LEGISLATIVE   DEPARTMENT. 

§  31.  Lands  belonging  to  or  under  the  control  of  the 
State  shall  never  be  donated,  directly  or  indirectly,  to 
private  corporations  or  individuals,  or  to  railroad  com- 
panies. Nor  shall  such  land  be  sold  to  carporations  or 
associations  for  a  less  price  than  that  for  which  it 
can  be  sold  to  individuals.  This,  however,  shall  not 
prevent  the  general  assembly  from  granting  a  right  of 
way,  not  exceeding  150  teet  in  width,  as  a  mere  ease- 
ment to  railroads  across  State  lands,  nor  to  interfere 
with  the  discretion  of  the  general  assembly  in  con- 
firming the  title  to  lands  claimed  to  belong  to  the 
State,  but  used  or  possessed  by  other  parties  under  an 
adverse   claim,     (p.   65.) 

§  35.  It  shall  be  the  duty  of  the  general  assembly 
to  enact  laws  limiting  the  number  of  acres  of  land 
which  any  alien  or  any  corporation  controlled  by  aliens 
may  own  within  this   State. 

ARTICLE  VIII. 

MUNICIPAL    CORPORATIONS    AND   POLICE   REGtlLATIONS. 

§  3.  The  general  assembly  shall  restrict  the  powers 
of  cities  and  towns  to  levy  taxes  and  assessments,  to 
borrow  money  and  to  contract  debts,  and  no  tax  or 
assessments  shall  be  levied  or  debt  contracted  except  in 
pursuance   of   law,   for   public   purposes   siiecifled   by    law. 

§  4.  No  law  shall  be  passed  by  the  general  assembly 
granting  the  right  to  construct  and  operate  a  street 
or  other  railway,  telegraph,  telephone  or  electric  plant, 
or  to  erect  water  or  gas  works  for  public  uses  or  to 
lay  mains  for  any  purpose,  without  first  obtaining  the 
consent  of  the  local  authorities  in  control  of  the  streets 
or  public  places  proposed  to  be  occupied  for  any  such 
or  like  purposes. 

§  6.  The  corporate  authorities  of  cities  and  towns 
in  this  State  shall  be  vested  with  power  to  assess  and 
collect  taxes  for  corporate  purposes,  said  taxes  to  be 
uniform  in  respect  to  persons  and  property  within  the 
jurisdiction  of  the  body  composing  the  same;  and  all 
property,  except  such  as  is  exempt  by  law,  within  the 
limits  of  cities  and  towns  shall  be  taxed  for  the  payment 
of  debts  contracted  under  authority  of  law.  License  or 
privileged  taxes  imposed  shall  be  graduated  so  as  to 
secure  a  just  imposition  of  such  tax  upon  the  classes 
subject    thereto. 

ARTICLE  IX. 

CORPORATIONS. 

§  1.  The  term  corporation  as  used  in  this  article  in- 
cludes all  associations  and  joint  stock  companies  having 
powers  and  privileges  not  possessed  by  individuals  or 
partnerships,  and  excludes  municipal  corporations. 

§  2.  No  charter  of  incorporation  shall  be  granted, 
changed  or  amended  by  special  law,  except  in  the  case 
of  such  charitable,  educational,  penal  or  reformatory  cor- 
porations as  may  be  under  the  control  of  the  State,  or 
may  be  provided  for  in  this  constitution,  but  the  general 
assembly  shall  provide  by  general  laws  for  changing  or 
amending  existing  charters,  and  for  the  organization  of 
all  corporations  hereafter  to  be  created,  and  any  such 
law  so  passed,  as  well  as  all  charters  now  existing  or 
hereafter    created,    shall    be    subject    to    future    repeal    or 


alteration;  provided,  that  the  general  assembly  may  by 
a  two-thirds  vote  of  each  house  on  a  concurrent  resolu- 
tion allow  a  bill  for  a  special  charter  to  be  introduced, 
and  when  so  introduced  may  pass  the  same  as  other 
bills. 

§  3.  All  railroad,  express,  canal  and  other  corpora- 
tions engaged  in  transportation  for  hire,  and  all  tele- 
graph and  other  corporations  engaged  in  the  business  of 
transmitting  Intelligence  for  hire  are  common  carriers 
in  their  respective  lines  of  business,  and  are  subject  to 
liability  and  taxation  as  such.  It  shall  be  unlawful  for 
any  such  corporation  to  make  any  contract  relieving 
it  of  its  common  law  liability  or  limiting  the  same,  in 
reference    to    the    carriage   of   passengers. 

§  4.  Every  corporation  organized  or  doing  business  in 
this  State,  other  than  religious,  educational  or  benevo- 
lent associations,  shall  have  and  maintain  at  least  one 
agent  in  this  State  upon  whom  process  may  be  served, 
and  at  least  one  public  office  for  the  transaction  of  its 
business;  provided,  this  section  shall  not  apply  to  mer- 
cantile corporations;  provided,  that  nothing  contained  in 
this  section  shall  be  construed  to  prohibit  the  general 
assembly  from  providing  for  the  service  of  process  on 
any  agent  of  a  corporation  so  as  to  bind  such  corpora- 
tion. 

§  5.  No  discrimination  in  charges  or  facilities  for 
transportation  of  the  same  classes  of  freight  or  pas- 
sengers, or  for  the,  transmission  of  intelligence  within 
this  State,  or  coming  from  or  going  to  any  other  State, 
shall  be  made  by  any  railroad  or  other  transportation  or 
transmission    company   between    places   or   persons. 

Persons  and  property  transported  by  any  railroad  or 
any  other  transiwrtation  or  transmission  company  or 
corporation,  shall  be  delivered  at  any  station,  landing  or 
port  at  charges  not  exceeding  the  charges  for  the  trans- 
portation of  i>ersons  and  property  of  the  same  class,  in 
the  same  direction,  to  any  more  distant  station,  landing 
or  port.  Excursion  and  commutation  tickets  may  be 
issued  at  special  rates.  This  section  shall  not  prevent 
the  railroad  commission  from  making  such  competitive 
rates  as  shall,  in  their  judgment,  be  just  and  equitable 
between  the  railroads  and  the  public,  at  all  junctional 
and  competitive  points  or  at  points  where  water  com- 
petition controls  the  traffic  or  at  points  where  the  com- 
petition of  points  located  in  other  States  may  make 
necessary  the  prescribing  of  difflerent  rates  for  the  pro- 
tection  of   the   commerce  of  this   State. 

§  6.  Any  railroad  or  other  transportation  corporation, 
and  any  telegraph  or  other  transmitting  corporation,  or- 
ganized under  the  laws  of  this  State,  shall  have  the 
right  to  connect  its  roads  or  lines,  at  the  State  line, 
with  those  in  other  States,  and  shall  have  the  right  to 
intersect  with  or  cross  any  other  railroad,  street  rail- 
way, transportation  road  or  transmitting  line,  and  shall 
each  receive  and  transport  the  freight,  passengers,  cars 
(loaded  or  empty)  and  messages  delivered  to  it  by  an- 
other without  delay   or   discrimination. 

5  7.  No  railroad,  or  other  transportation  company, 
and  ro  telegraph  or  other  transmitting  corporation,  or 
the  lesses,  purchasers  or  managers  of  any  such  corpora- 
tion, shall  consolidate  the  stock,  property  or  franchises 
of  such  corporation  with,  or  lease  or  purchase  the  works 
or  franchises  of,  or  in  any  way  control,  any  other  rail- 
road or  other  transportation,  telegi'aph  or  other  trans- 
mitting  company   owning  or   having   under    its   control   a 


1220 


National  Association  of  Railway  Commissioners 


parallel  or  competing  line;  and  the  question  whether 
railroads  or  other  transportation,  telegraph  or  other 
transmitting  companies  are  parallel  or  competing  lines 
shall,  when  demanded  by  the  party  complainant,  be  de- 
cided  by  a  Jury   as   in   other  civil   causes. 

§  8.  The  general  a!?semb!y  shall  not  grant  to  any 
foreign  corporation  or  association  a  license  to  build, 
operate  or  lease  any  railroad  in  this  State;  but  in  all 
cases  where  a  railroad  is  to  be  built  or  operated,  or  is 
now  being  operated,  in  this  State,  and  the  same  shall  be 
partly  in  this  State  and  partly  in  another  State,  or  in 
other  States,  the  owners  or  projectors  thereof  shall  first 
become  incorporated  under  the  laws  of  this  State;  nor 
shall  any  foreign  corporation  or  association  lease  or 
operate  any  railroad  in  this  State,  or  purchase  the  same 
or  any  interest  therein.  Consolidation  of  any  railroad 
lines  and  corporations  in  this  State  with  others  shall  be 
allowed  only  where  the  consolidated  company  shall  be- 
come a  domestic  corporation  of  this  State.  No  general 
or  special  law  shall  ever  be  passed  for  the  benefit  of 
any  foreign  corporation  operating  a  railroad  under  any 
existing  license  of  this  State  or  under  any  existing  lease, 
and  no  grant  of  any  right  or  privilege  and  no  exemption 
from  any  burden  shall  be  made  to  any  such  foreign  cor- 
poration, except  upon  the  condition  that  the  owners  or 
stockholders  thereof  shall  first  organize  a  corporation  in 
this  State  under  the  laws  thereof,  and  shall  thereafter 
operate  and  manage  the  same  and  the  business  thereof 
under  said  domestic  charter. 

§  10.  Stock  or  bonds  shall  not  be  issued  by  any 
corporation  save  for  labor  done,  or  money  or  property 
actually  received  or  subscribed,  and  all  fictitious  increase 
of  stock  or  indebtedness  shall  be  void. 

§  11.  The  general  assembly  shall  provide  by  law  for 
the  election  of  directors,  trustees  or  managers  of  all 
corporations  so  that  each  stockholder  shall  be  allowed 
to  cast,  in  person  or  by  proxy,  as  many  votes  as  the 
number  of  shares  he  owns  multiplied  by  the  number  of 
directors,  trustees  or  managers  to  be  elected,  the  same 
to  be  cast  for  any  one  candidate  or  to  be  distributed 
among  two  or  more  candidates. 

§  12.  Corporations  shall  not  engage  in  any  business 
except  that  specifically  authorized  by  their  charters  or 
necessarily  incident  thereto. 

§  13.  The  general  assembly  shall  enact  laws  to  pre- 
vent all  trusts,  combinations,  contracts  and  agreements 
against  the  public  welfare,  and  to  prevent  abuses,  un- 
just discriminations  and  extortion  in  all  charges  of 
transporting  and  transmitting  companies,  and  shall  pass 
laws  for  the  supervision  and  regulation  of  such  com- 
panies by  commission  or  otherwise,  and  shall  provide 
adequate  penalties  to  the  extent,  if  necessary,  for  that 
purpose  of  forfeiture  of  their  franchises. 

§  14.  A  commission  is  hereby  established,  to  be 
known  as  "the  railroad  commission,"  which  shall  be 
composed  of  not  less  than  three  members,  whose  powers 
over  all  transporting  and  transmitting  corporations,  and 
duties,  manner  of  election  and  term  of  oflice  shall  be 
regulated  by  law,  and,  until  otherwise  provided  by  law, 
the  said  commissioners  shall  have  the  same  powers  and 
jurisdiction,  perform  the  same  duties  and  receive  the 
same  compensation  as  now  conferred,  prescribed  and 
allowed  by  law  to  the  existing  railroad  commissioners; 
provided,  that  the  members  thereof  shall  be  elected  at 
the  expiration  of  the  terms  of  the  present  railroad  com- 
missioners, who  are  hereby  continued  in  office  for  the 
terms  for  which  they  were  elected. 

§  15.  Every  employe  of  any  railroad  corporation  shall 
have  the  same  rights  and  remedies  for  any  injury 
suffered  by  him  from  the  acts  or  omissions  of  said  cor- 
porations or  its  employes  as  are  allowed  by  law  to 
other  persons  not  employes,  when  the  injury  results 
from  the  negligence  of  a  superior  agent  or  officer,  or 
of  a  person  having  a  right  to  control  or  direct  the 
services  of  a  party  injured,  and  also  when  the  injury 
results  from  the  negligence  of  a  fellow  servant  engaged 
In  another  department  of  labor  from  that  of  the  party 
Injured,  or  of  a  fellow  servant  on  another  train  of  cars, 
or  one  engaged  about  a  different  piece  of  work.  Knowl- 
edge by  any  employe  Injured  of  the  defective  or  unsafe 
character  or  condition  of  any  machinery,  ways  or  appli- 
ances shall  be  no  defense  to  an  action  for  Injury  caused 
thereby,   except  as   to  conductors  or  engineers  In   charge 


of  dangerous  or  unsafe  cars  or  engines  voluntarily  oper- 
ated by  them.  When  death  ensues  from  any  injury 
to  employes,  the  legal  or  personal  representatives  of 
the  perscn  injured  shall  have  the  same  right  and 
remedies  as  are  allowed  by  law  to  such  representative 
of  other  persons.  Any  contract  or  agreement,  expressed 
or  implied,  made  by  any  employe  to  waive  the  benefit 
of  this  section  shall  be  null  and  void;  and  this  section 
shall  not  be  construed  to  deprive  any  employe  of  a 
corporation,  or  his  legal  or  personal  representative,  of 
any  remedy  or  right  that  he  now  has  by  the  law  of  the 
land.  The  general  assembly  may  extend  the  remedies 
herein   provided   for   to   any   other  class   of  employes. 

§  16.  All  existing  charters  or  grants  of  corporate 
franchise  under  which  organizations  have  not  in  good 
faith  taken  place  at  the  adoption  of  this  constitution 
shall   be  subject  to  the  provisions  of  this  article. 

§  17.  The  general  assembly  shall  never  remit  the 
forfeiture  of  the  franchise  of  any  corporation  now  char- 
tered, nor  alter  nor  amend  the  charter  thereof,  nor  pass 
any  general  or  special  law  for  the  benefit  of  such  cor- 
poration, except  upon  the  condition  that  such  corporatiim 
shall  hereafter  hold  its  charter  and  franchise  subject 
to  the  provisions  of  this  constitution,  and  the  accept- 
ance by  any  corporation  of  any  provision  of  any  such 
laws  or  the  taking  of  any  benefit  or  advantage  from  the 
same  shall  be  conclusively  held  an  agreement  by  suth 
corporation  to  hold  its  charter  and  franchise  under  the 
provisions   of  this   article. 

§  18.  The  stockholders  of  all  insolvent  corporations 
shall  be  individually  liable  to  the  creditors  thereof  on  y 
to  the  extent  of  the  amount  remaining  due  to  the  cor- 
poration upon  the  stock  owned  by  them;  provided,  thut 
stockholders  in  banks  or  banking  institutions  shall  1  e 
liable  to  depositors  therein  in  a  sum  equal  in  amouit 
to  their  stock  over  and  above  the  face  value  of  the  sam ;. 

§19.  Nothing  prohibited  in  this  article  shall  be  per- 
mitted to  be  done  by  any  corporation  or  company,  per- 
sons or  person,  either  for  its  or  their  own  benefit  <  r 
otherwise,  by  its  or  their  holding  or  controlling  in  !•  s 
or  their  own  name  or  otherwise,  or  in  the  name  (f 
any  other  person  or  persons,  or  other  corporation  <  r 
company  whatsoever,  a  majority  of  the  capital  stock,  <  r 
of  bonds  having  voting  power,  of  any  railroad  or  tran  > 
portation  company,  or  corporation  created  by  or  existin? 
under  the  laws  of  this  State,  or  doing  business  withii 
this  State. 

§20.  No  right  of  way  shall  be  appropriated  to  the 
use  of  any  corporation  until  full  compensation  thereft  r 
shall  be  first  made  to  the  owner  or  secured  by  a  depos  t 
of  money,  irrespective  of  any  benefit  from  any  improv  ■- 
ment  proposed  by  such  corporation,  which  compensation 
shall  be  ascertained  by  a  jury  of  12  men,  in  a  court  ( f 
record,  as  shall  be  prescribed  by  law. 

§  21.     The   general    assembly   shall    enforce   the    pr 
slons  of  this  article  by  appropriate  legislation. 

ARTICLE  X. 

FINANCES. 

§  6.  The  credit  of  the  State  shall  not  be  pledged 
loaned  for  the  benefit  of  any  individual,  company,  assn- 
elation  or  corporation;  and  the  State  shall  not  become 
a  joint  owner  of  or  stockholder  in  any  company,  assn- 
clation  or  corporation.  The  general  assembly  shall  n(  t 
have  power  to  authorize  any  county  or  township  to  levy 
a  tax  or  issue  bonds  for  any  purpose  except  for  educi  - 
tlonal  purposes,  to  build  and  repair  public  roads,  buili  - 
ings  and  bridges,  to  maintain  and  support  prisoners,  pav 
jurors,  county  officers,  and  for  litigation,  quarantine 
court  expenses,  and  for  ordinary  county  purposes,| 
support   paupers,   and  pay   past  indebtedness. 


n 


ARTICLE  XVII.  

§11.  That  no  inconvenience  may  arise  from  the' 
change  in  the  constitution  of  this  State,  and  in  order 
to  carry  this  constitution  into  complete  operation.  It  Is 
hereby   declared: 

Eighth.  This  constitution,  adopted  by  the  people  of 
South  Carolina  in  convention  assembled,  shall  be  in  force 
and  effect  from  and  after  the  thirty-first  day  of  December, 
in   the  year   1895. 

Ninth.    The  provisions  of  the  constitution  of  1868  and 


Public  Service  Laws 


1231 


amindments    thereto    are   repealed    by    this    constitution, 
except  when  reordained   and  declared  herein. 

STATUTE   LAW. 

The  Railroad  Commission  Act  of  1902,  as  amended  to 
date,  being  article  4  of  chapter  50  ("Railroads")  of  the 
Civil  Code  of  South  Carolina: 

Three  commissioners — Their  election  and  term  o/  offlce. 
§  1.  There  shall  be  three  railroad  commissioners  elected  in 
accordance  with  the  provisions  hereafter  contained;  that 
is  to  say:  they  shall  be  elected  by  the  present  general  as- 
sembly tor  the  term  of  two  years,  beginning  with  the  first 
day  of  January,  1893.  At  the  expiration  of  said  terms  they 
shall  be  succeeded  by  their  successors  in  office,  who  shall 
have  been  elected  at  the  next  general  State  election.  The 
commissioners  of  election  for  the  several  counties  in  the 
Stale  shall  at  each  general  election  herein  provided  for 
conduct  the  election  of  the  commissioners  as  is  conducted 
the  election  of  other  State  ofTicers  other  than  governor  and 
lieutenant-governor.  The  term  of  office  of  the  commission- 
ers to  be  elected  at  the  general  election  of  1894  shall  be 
for  two,  four  and  six  years,  respectively,  the  term  of  each 
commissioner  to  be  determined  by  lot,  in  the  presence 
of  the  governor.  At  the  expiration  of  said  terms,  re- 
spectively, they  shall  each  be  succeeded  by  his  successor 
in  oflSce,  who  shall  have  been  elected  at  the  general  elec- 
tion next  preceding  the  date  of  said  expiration.  Said  com- 
missioners shall  take  the  oath  of  office  provided  by  the 
constitution  and  laws  of  this  State  for  State  officers,  and 
shall  not,  jointly  or  severally,  or  in  any  way,  be  the  holder 
or  holders  of  any  railroad  stock  or  bond.  The  governor 
shall  have  the  power  to  fill  vacancies  in  the  office  of  com- 
missioner until  the  successor  in  such  office  for  a  full  term 
or  an  unexpired  term,  as  the  case  may  be,  shall  have  been 
elected  at  the  next  ensuing  general  election  and  qualified. 

Quorum.  §  2.  A  majority  of  said  commissioners  shall 
constitute  a  quorum  tor  the  transaction  of  all  business  per- 
taining to  their  ofhce.  The  commissioners  to  be  elected 
under  the  terms  of  this  article  shall  be  elected  from  the 
State  at  large;  Provided,  that  any  male  citizen  of  this 
State  above  the  age  of  25  years  shall  be  eligible  to  election 
to  the  position  of  railroad  commissioner. 

Railroad  commission  to  fix  storage  charges  on  freight. 
(a).  Power  is  hereby  conferred  on  the  railroad  commis- 
sion of  South  Carolina,  and  they  are  required  to  fix  and 
prescribe  a  schedule  of  maximum  rates  and  charges  for 
storage  of  freight  made  and  charged  by  railroad  companies 
doing  business  in  this  State,  and  to  fix  at  what  time,  after 
the  reception  of  freight  at  place  of  destination  such  charges 
of  storage  shall  begin,  with  power  to  vary  the  same  ac- 
cording to  the  value  and  character  of  the  freight  stored, 
the  nature  of  the  place  of  destination  and  residence  of  con- 
signee, and  such  other  facts  as  in  their  judgment  should 
be   considered  in   fixing  the   same. 

All  the  provisions  of  the  Act  creating  said  railroad  com- 
mission, and  Acts  amendatory  thereof,  prescribing  the  pro- 
cedure of  said  commission  in  fixing  freight  and  passenger 
tariffs,  and  hearing  complaints  of  carrier  and  shippers,  and 
of  altering  and  amending  said  tariffs,  shall  apply  to  the 
subject  of  fixing  and  amending  rates  and  charges  for 
storage,  as  aforesaid. 

Discrimination  and  excessive  charges  prohibited.  §  3. 
No  railroad  company  shall  make  or  retain,  directly  or  In- 
directly, any  charge  for  storage  of  freight  greater  than  that 
fixed  by  the  commission  for  each  particular  storage,  nor 
shall  they  discriminate' directly  or  indirectly  by  means  of 
rebate,  or  any  device  in  such  charges,  between  persons. 

Penalty  for  overcharge  of  storage.  §  4.  If  any  railroad 
company  shall  violate  the  provisions  of  this  chapter,  either 
by  exceeding  the  rates  of  storage  prescribed,  or  by  dis- 
criminating, as  aforesaid,  the  person  or  persons  so  paying 
such  overcharge,  or  subjected  to  such  discrimination,  shall 
have  the  right  to  sue  for  the  same  in  any  court  of  this 
State  having  jurisdiction  of  the  claim,  and  shall  have  all 
the  remedies,  and  be  entitled  to  recover  the  same  penalties 
and  measure  of  damages  as  is  prescribed  in  the  case  of 
overcharge  of  freight  rates,  upon  making  like  demand  as 
H  is  prescribed  in  such  case,  and  after  like  failure  to  pay 
ilj  the  same. 

Annual  schedule  and  report  to  be  filed  by  railroad  com- 
missioners. %  5.  The  several  railroad  companies  chartered 
by  this  State  shall  be  required  to  file  in  the  office  of  the 
railroad    commissioners,    on    or    before    the    31st    day    of 


August  in  each  and  every  year,  a  full  and  detailed  schedule 
and  report  of  the  condition  and  operations  of  such  road  for 
the  current  year,  ending  on  the  30th  day  of  June  then 
immediately  preceding.  Such  schedule  and  report  shall 
be  made  in  accordance  with  the  following  rules  and  form: 

Liabilities.  1.  All  liabilities  (including  Interest  accrued 
on  funded  debt)  shall  be  entered  upon  the  books  In  the 
month  when  they  are  incurred,  without  reference  to  date 
of  payment. 

Expenses.  2.  Expenses  shall  be  charged  each  month 
with  such  supplies,  materials,  etc.,  as  have  been  used 
during  that  month,  without  reference  to  the  time  when 
they  were  purchased  or  paid  for. 

Property  accounts.  3.  No  expenditure  shall  be  charged 
to  property  accounts,  except  it  be  for  actual  increase  in 
construction,  equipments  or  other  property,  unless  it  is 
made  on  old  work  in  such  a  way  as  to  clearly  increase  the 
value  of  the  property  over  and  above  the  cost  of  renewing 
the  original  structures,  etc.  In  such  cases,  only  the  amount 
of  increased  cost  shall  be  charged,  and  the  amount  al- 
lowed on  account  of  the  old  work  shall  be  stated. 

Mileage.  4.  Mileage  of  passenger  and  freight  trains 
shall  include  only  the  miles  shown  to  be  run  by  distances 
between  stations;  allowances  made  to  passenger  or  freight 
trains  for  switching,  and  all  mileage  of  switch  engines, 
computed  on  a  basis  of  8  miles  per  hour  for  the  time  of 
actual  service,  shall  be  stated  separately. 

5.  Season  ticket  passengers  shall  be  computed  on  the 
basis  of  12  passengers  per  week  for  the  time  of  each 
ticket. 

6.  Local  traffic  shall  include  all  passengers  carried  on 
local  tickets  and  all  freight  carried  at  local  tariff  or  special 
local  rates. 

All  other  trafl[ic  shall  be  considered  through.  These 
rules  to  be  subject  to  such  changes  thereof  as  have  here- 
tofore been  or  shall  hereafter  be  made  by  the  railroad 
commissioners  under  the  authority  conferred  on  them  by 
§  2076  of  this  chapter. 

Railroad  commissioners  shall  make  annual  report  to  the 
legislature.  §  6.  The  railroad  commissioners  shall  make 
an  annual  report  to  the  legislature  of  their  official  acts, 
including  such  statements,  facts  and  explanations  as  will 
disclose  the  actual  working  of  the  system  of  railroad  trans- 
portation in  its  bearing  upon  the  business  and  prosperity 
of  the  State;  and  such  suggestions  as  to  the  general  rail- 
road policy  of  the  State,  or  as  to  any  part  thereof,  or  as  to 
the  condition,  affairs  or  conduct  of  any  of  the  railroad 
corporations,  as  may  seem  to  them  appropriate,  with  a 
special  report  of  all  accidents,  and  the  causes  thereof  for 
the  preceding  year. 

Assessment  on  railroad  companies — When  payable — Free 
transportation — Experts.  §  7.  The  expenses  of  the  commis- 
sioners, including  salaries,  and  the  salary  of  their  secretary 
or  clerk,  shall  be  borne  by  the  several  corporations  own- 
ing or  operating  railroads,  telegraph  and  express  companies 
in  this  State,  according  to  their  gross  income  proportioned 
to  the  number  of  miles  in  this  State,  to  be  apportioned 
by  the  comptroller-general  of  the  State,  who,  on  or  be- 
fore the  first  day  of  October  in  each  and  every  year, 
shall  assess  upon  each  of  said  corporations  its  just  pro- 
portion of  such  expenses  in  proportion  to  its  gross  income 
for  the  current  year  ending  on  the  30th  day  of  June  pre- 
ceding that  on  which  the  assessment  is  made;  and  the 
said  assessment  shall  be  charged  up  against  the  said 
corporations,  respectively,  under  the  order  and  direction  of 
the  comptroller-general,  and  shall  be  collected  by  the 
several  county  treasurers  in  the  manner  provided  by  law 
for  the  collection  of  taxes  from  such  corporation,  and 
shall  be  paid  by  the  said  county  treasurers  as  collected  into 
the  treasury  of  the  State,  in  like  manner  as  other  taxes 
collected  by  them  for  the  State.  The  commissioners  and 
their  secretary  shall  be  transported  free  of  charge,  when 
in  the  performance  of  the  duties  of  their  office  concerning 
railroads,  over  all  railroads  and  railroad  trains  in  this 
State,  and  they  may  take  with  them  experts  or  other 
agents  whose  service  they  may  deem  to  be  temporarily 
of  importance,  and  they  shall  in  like  manner  be  trans- 
ported free  of  charge. 

General  supervision  of  all  railroads,  etc.  §  8.  TBe  com- 
missioners shall  have  the  general  supervision  of  all  rail- 
roads and  railways,  express  and  telegraph  lines  in  this 
State  operated  by  steam,  and  shall  examine  the  same  and 
keep  themselves  informed  as  to  their  condition  and  the 


1222 


National  Associatiok  of  Railway  Commissioners 


manner  in  which  they  are  operated,  with  reference  to  the 
security  and  accoramodation  of  the  public  and  the  com- 
pliance of  the  several  corporations  with  the  provisions 
of  their  charters  and  the  laws  of  the  State;  and  to  enforce 
the  provisions  of  this  chapter;  and  the  provisions  of  this 
chapter  shall  apply  to  all  railroads  and  railways,  and  to 
the  corporations,  trustees,  receivers,  or  others  owning  or 
operating  the  same. 

Proceedings  for  violation  of  charters.  §  9.  Whenever, 
in  the  judgment  of  the  railroad  commissioners,  it  shall 
appear  that  any  such  corporation  has  violated  any  law,  or 
neglected,  in  any  respect  or  particular,  to  comply  with  the 
terms  of  its  charter,  or  with  the  provisions  of  any  of 
the  laws  of  the  State,  especially  in  regard  to  the  con- 
nections with  other  railroads,  the  rates  of  toll,  and  the 
time  schedule,  they  shall  give  notice  thereof  in  writing  to 
such  corporation,  and  if  the  violation  or  neglect  is  con- 
tinued after  such  notice,  the  commissioners  shall  make 
application  to  a  circuit  judge,  or  a  judge  thereof,  in  vaca- 
tion, for  an  injunction  to  restrain  the  company  com- 
plained of  from  further  continuing  to  violate  the  law  or 
the  terms  of  its  charter,  or  for  a  writ  of  mandamus,  as 
hereinafter  provided  in   §  2119. 

Oive  notice  of  repairs,  etc.  §  10.  Whenever,  In  the  Judg- 
ment of  the  railroad  commissioners,  it  shall  appear  that 
repairs  are  necessary  upon  any  such  railroad,  or  that  any 
addition  to  the  rolling  stock,  or  any  enlargement  of,  or 
improvement  in,  the  stations  or  station  houses,  or  any 
modification  in  the  rates  of  fare  tor  transporting  freight  or 
passengers,  or  any  change  in  the  mode  of  operating  the 
road  and  conducting  its  business,  is  reasonable  and  ex- 
pedient in  order  to  promote  the  security,  convenience  and 
accommodation  of  the  public,  they  shall  give  Information, 
In  writing,  to  the  corporation  of  the  improvements  and 
changes  which  they  adjudge  to  be  proper;  and  if  the 
said  company  shall  fail,  within  60  days,  to  adopt  the  sug- 
gestions of  said  commissioners,  they  shall  take  such  legal 
proceedings  as  they  may  deem  expedient,  and  shall  have 
authority  to  call  upon  the  attorney-general  to  institute  and 
conduct  such  proceedings. 

Investigate  complaint — Notice  in  writing — Proceedings, 
i  11.  Upon  the  complaint  and  application  of  the  mayor  and 
aldermen  or  council  of  any  city,  town,  o"  county  board 
of  commissioners  of  any  county  within  which  any  part 
of  any  such  railroad  is  located,  it  shall  be  the  duty  of  the 
railroad  commissioners  to  make  an  examination  of  the 
condition  and  operation  thereof.  Before  proceeding  to 
make  such  examination  in  accordance  with  such  applica- 
tion, said  commissioners  shall  give  to  the  applicants  and 
the  railroad  corporation  reasonable  notice,  in  writing,  of 
the  time  and  place  of  entering  upon  the  same.  If,  upon 
such  examination,  it  shall  appear  to  the  commissioners  that 
the  complaint  alleged  by  the  applicant  is  well  founded, 
they  shall  so  adjudge,  and  shall  inform  the  corporation 
operating  such  railroad  of  their  adjudication,  in  the  same 
manner  as  is  provided  in  §  2068  of  this  chapter;  and  the 
company  failing  for  60  days  after  such  notice  to  remove 
the  cause  of  such  complaint,  they  shall  make  report  thereof 
to  the  general  assembly  for  such  action  as  it  may  deem  ex- 
pedient; or  if  there  be  necessity  for  prompt  action,  they 
may  take  such  legal  proceedings  as  may  be  proper,  and  the 
attorney-general  shall  institute  and  conduct  such  pro- 
ceedings. 

Investigate  causes  of  accidents.  §  12.  The  railroad  com- 
missioners shall  Investigate  the  causes  of  any  accident  on 
a  railroad  resulting  in  loss  of  life,  and  of  any  accident  not 
so  resulting,  which  in  their  judgment,  shall  require  in- 
vestigation. 

May  require  information.  S  13.  Every  railroad  corpora- 
tion shall,  at  all  times,  on  request,  furnish  the  railroad  com- 
missioners any  information  required  by  them  concerning 
the  condition,  management  and  operation  of  Its  railroads, 
and  particularly  with  copies  of  time  tables,  and  also  with 
the  rates  of  transporting  freight  and  passengers  upon  its 
road  and  other  roads  with  which  its  business  is  connected. 

Request  or  advice  not  to  impair  legal  duties.  §  14.  No 
request  or  advice  of  the  railroad  commissioners  shall  have 
the  effect  to  impair,  in  any  manner  or  degree,  the  legal 
duties  and  obligations  of  any  railroad  corporation  or  its 
liability  for  the  consequence  of  its  acts,  or  of  the  neglect 
or  mismanagement  of  any  of  its  agents  or  servants. 

Annual  report  of  commission.  S  15.  The  commissioners 
shall   make  an  annual  report  to  the  legislature   of  their 


official  acts,  including  such  statements,  facts  and  explana- 
tions as  will  disclose  the  actual  working  of  the  system 
of  railroad  transportation  in  its  bearing  upon  the  business 
and  prosperity  of  the  State;  and  such  suggestions  as  to 
the  general  railroad  policy  of  the  State,  or  as  to  any  part 
thereof,  or  as  to  the  condition,  affairs  or  conduct  of  any 
of  the  railroad  corporations,  as  may  seem  to  them  appro- 
priate, with  a  special  report  of  all  accidents,  and  the  causes 
thereof,  for  the  preceding  year.  And  they  shall  also  recom- 
mend such  legislation  as  in  their  judgment  may  be  nec- 
essary to  secure  just  and  reasonable  rates  for  the  trans- 
portation of  passengers  and  freights  and  for  the  preven- 
tion of  unjust  discrimination. 

Commission  to  require  annual  reports,  furnish  blanks, 
etc.  §  16.  The  commissioners  shall  require  the  annual 
reports  to  be  made  by  railroad  companies  in  manner  and 
form  and  at  the  time  provided  for  herein,  and  shall  be 
authorized  to  require  reports  to  be  made  of  such  other 
matters  as  they  may  deem  expedient;  and  they  may,  from 
time  to  time,  make  such  changes  as  they  may  deem  proper 
in  the  form  of  report  herein  prescribed,  giving  the  cor- 
porations one  year's  notice  of  any  such  changes  or  addi- 
tions as  require  any  alterations  in  the  method  or  form  cf 
keeping  their  accounts;  and  the  commissioners  shall,  on 
or  before  the  first  day  of  June  in  each  year,  furnish  to  the 
several  railroads  blank  forms  of  such  reports.  When  the 
report  received  from  any  corporation  is  defective,  or  proli- 
ably  erroneous,  the  commissioners  shall  notify  the  corpori- 
tion  to  amend  the  same  within  15  days.  The  commisslor- 
ers  shall  prepare  such  tables  and  abstracts  of  all  th? 
returns  they  shall  deem  expedient,  and  their  annual  repoit 
shall  be  transmitted  to  the  governor  of  the  State  on  or  be- 
fore the  second  Monday  in  November  in  each  year,  to  b  > 
laid  before  the  legislature.  The  originals  of  the  report 
or  reports,  as  amended,  subscribed,  and  sworn  to  by  th  ? 
officers  of  the  corporation,  shall  be  preserved  in  the  ofBc ; 
of  the  commissioners. 

Contract  to  he  submitted  to  commissioners  for  approval 
or  correction.  §  17.  All  contracts  and  agreements  between 
railroad  companies  doing  business  in  this  State  as  ti> 
rates  of  freight  and  passenger  tariffs  shall  be  submittei 
to  said  commissioners  for  inspection  and  correction,  Iha 
it  may  be  seen  whether  or  not  they  are  a  violation  o 
the  law  or  of  the  provisions  of  the  constitution  or  of  thl; 
chapter,  or  of  the  rules  and  regulations  of  said  commis 
sioners;  and  all  arrangements  and  agreements  whateve 
as  to  the  division  of  earnings  of  any  kind  by  compotini 
railroad  companies  doing  business  in  this  State  shall  bi 
submitted  to  said  commissioners  for  inspection  and  ap 
proval,  in  so  far  as  they  affect  rules  and  regulations  mad< 
by  said  commissioners  to  secure  to  all  persons  doing  bus! 
ness  with  said  companies  just  and  reasonable  rates  o 
freight  and  passenger  tariff,  and  so  far  as  they  are  af 
fected  by  any  of  the  provisions  contained  in  this  chapter 
for  securing  to  all  persons  just,  equal  and  reasonable  fa 
cilities  for  the  transportation  of  freight  and  passengers 
and  said  commissioners  may  make  such  rules  and  regula 
tions  as  to  such  contracts  and  agreements  as  may  be  thei 
deemed  necessary  and  proper;  and  any  such  agreement! 
not  approved  by  such  commissioners,  or  by  virtue  of  whicl 
rates  shall  be  charged  exceeding  the  rates  fixed  for  freigh 
and  passengers,  shall  be  deemed,  held  and  taken  to  bi 
violations  of  this  chapter,  and  shall  be  illegal  and  void. 

Railroads  must  alter  contracts,  when.     If  the  said  con- 
tracts, agreements  or  arrangements  shall,  in  the  opinio  i 
of  the  commissioners,  in  any  way  be  in  violation  of  anj 
of  the  provisions  of  this  chapter,  the  commissioners  shal 
forthwith  notify  the  said   railroad  companies,   in   writing 
of  their  objections   thereto,   specifying   such   objections 
and  if  the  said   railroad   companies  shall   fail  or  neglect 
within  5  days  after  such  notice,  to  amend  and  alter  sucl 
contract,   agreement   or  arrangement,   in   a   manner   satis 
factory    to   the    cammissioners,    the    commissioners    shal, 
thereupon  call  upon  the  attorney-general  to  institute  am. 
conduct   such   legal   proceedings   as   may   be  necessary  to 
enforce  the  penalties  prescribed  in  this  chapter  for  such 
violations  of  its  provisions. 

Right  to  issue  subpoenas — Pay  of  witnesses — Penalty, 
etc.  §  18.  Said  railroad  commissioners  in  making  any 
examination  for  the  purpose  of  obtaining  information  pur- 
suant to  this  chapter  shall  have  power  to  issue  sub- 
poenas for  the  attendance  of  witnesses  by  such  rules 
as  they  may  prescribe,  and  said  witnesses  shall  receive 
from  the  State  treasury  for  such  attendance  $1  per  day 


Public  Service  Laws 


1223 


and  5  cents  per  mile  traveled  by  the  nearest  practical 
route  in  going  to  and  returning  from  the  place  of  meet- 
ing of  said  commissioners,  to  be  ordered  paid  by  the 
comptroller-general  upon  presentation  of  subpoenas 
sworn  to  by  the  witnesses  as  to  the  number  of  days 
served  and  miles  traveled,  before  the  clerk  of  said  com- 
missioners, who  is  hereby  authorized  to  administer  oaths. 
In  case  any  person  shall  wilfully  fail  or  refuse  to  obey 
such  subpoena,  it  shall  be  the  duty  of  any  circuit  judge 
of  the  Court  of  Common  Pleas  and  General  Sessions  of 
any  county,  upon  application  of  said  commissioners,  to 
issue  an  attachment  for  such  witness  and  compel  him 
to  attend  before  the  commissioners  and  give  his  testi- 
mony upon  such  matters  as  shall  be  lawfully  required  by 
such  commissioners;  and  said  circuit  judge  shall  have 
power  to  punish  for  contempt  as  in  other  cases  of  re- 
fusal to  obey  the  process  or  order  of  the  court. 

Penalty  for  agents  refusing  to  report  or  help  commis- 
sioners in  investigation.  §  19.  Every  officer,  agent  or  em- 
ploye of  any  railroad  company  who  shall  wilfully  neglect 
or  refuse  to  make  and  furnish  any  reix)rt  required  by 
the  commissioners  as  necessary  to  the  purposes  of  this 
chapter,  or  who  shall  wilfully  and  unlawfully  hinder, 
delay  or  obstruct  said  commissioners  in  the  discharge 
of  the  duties  imposed  upon  them,  shall  forfeit  and  pay 
a  sum  of  not  less  than  $100  nor  more  than  $1,000  for 
each  offense,  to  be  recovered  in  any  action  in  the  name 
of  the  State  as  provided  in  §  2117. 

Commission  may  demand  further  information.  §  20. 
The  commissioners  may  make  and  propound  to  any  of 
the  railroad  companies  of  this  State  any  interrogatories 
additional  to  those  contained  in  the  schedule  and  report 
hereinbefore  provided,  which  shall  be  answered  by  such 
companies  in  the  same  manner. 

Commission  may  examine  books  on  request  of  stock- 
holders. §  21.  On  the  application  in  writing  of  a  director 
or  of  any  person  or  persons  owning  one-fiftieth  part  of 
the  entire  paid-in  capital  stock  of  any  corporation  oper- 
ating a  railroad,  or  the  bonds  or  other  evidences  or  in- 
debtedness of  such  corporation  equal  in  amount  to  one- 
fiftieth  part  of  its  paid-in  capital  stock,  the  railroad  com- 
missioners shall  make  an  examination  into  the  books  of 
said   corporation. 

Commission  to  have  access  to  list  of  stockholders.  §  22. 
The  railroad  commissioners  shall  further  have,  at  all 
times,  access  to  the  list  of  stockholders  of  every  cor- 
poration operating  a  railroad,  and  may,  in  their  discre- 
tion, at  any  time,  cause  the  same  to  be  copied,  in  whole 
or  in  part,  for  their  own  information  or  for  the  informa- 
tion of  persons  owning  stock  in  such  corporation. 

Investigation  of  books  and  papers — Personal  visitation. 
§  23.  It  shall  be  the  duty  of  said  commissioners,  when 
necessary  to  investigate  so  much  of  the  books  and  papers 
of  all  the  railroad  companies  doing  business  in  this  State 
as  they  may  think  proper,  to  ascertain  if  the  rules  and 
regulations  as  aforesaid  have  been  complied  with,  and 
to  make  personal  visitations  of  railroad  offices,  stations 
and  other  places  of  business  for  the  purpose  of  examina- 
tions and  to  make  rules  and  regulations  concerning  such 
examinations,  which  rules  and  regulations  shall  be  ob- 
served and  obeyed  as  other  rules  and  regulations  as 
aforesaid;  said  commissioners  shall  also  have  full  power 
and  authority  to  examine  all  agents  and  employes  of 
said  railroad  companies  and  other  persons  under  oath 
and  otherwise,  in  order  to  procure  the  necessary  infor- 
mation to  make  just  and  reasonable  rates  of  freight  and 
passenger  tariffs,  and  to  ascertain  if  such  rules  and  regu- 
lations are  observed  or  violated,  and  to  make  necessary 
and  proper  rules  and  regulations  concerning  such  ex- 
aminations, and  which  rules  and  regulations  herein  pro- 
vided for  shall  be  obeyed  and  enforced  as  all  other  rules 
and  regulations  provided  for  in  this  chapter.  That  the 
powers  herein  conferred  upon  the  commissioners  to  fix 
passenger  and  freight  rates,  joint  and  several,  are  here- 
by delegated  to  them  by  the  general  assembly,  as  fully 
■as  the  general  assembly  itself  could  exercise  them;  and 
In  arriving  at  their  conclusions  and  decisions  as  to  what 
are  just  and  reasonable  rates,  and  in  making  examina- 
tions for  such  purpose,  they  shall  have  the  ixjwers  con- 
ferred in  §§  2077,  2078,  2079  and  2080  for  securing  the 
attendance  of  witnesses,  reports  and  testimony  of  offi- 
cers, agents  or  employes  of  railroad  companies,  and  for 


the  production  of  books  and  papers;  and  for  violation 
of  the  provisions  of  this  section  the  same  penalties  are 
hereby  imposed  as  are  provided  in  said  sections  respect- 
ively; and  such  witnesses  shall  receive  the  compensa- 
tion prescribed  in  §  2077.  Said  passenger  rates  shall  not 
exceed   those   allowed   by   §  2165. 

Commissioners  to  make  freight  and  passenger  tariffs. 
§  24.  The  commissioners  elected  as  hereinbefore  provided 
shall,  as  provided  in  the  next  section  of  this  chapter, 
make  reasonable  and  just  rates  of  freight  and  passenger 
tariffs,  to  be  observed  by  all  railroad  companies  doing 
business  in  this  State  on  the  railroads  therein;  but  said 
passenger  rates  shall  not  exceed  the  maximum  prescribed 
in  §2165;  they  shall  make  reasonable  and  just  rules  and 
regulations  to  be  observed  by  all  railroad  companies  do- 
ing business  in  this  State,  as  to  charges  to  any  and  all 
points  for  the  necessary  hauling  and  delivery  of  all 
freights;  shall  make  such  just  and  reasonable  rules  and 
regulations  as  may  be  necessary  for  preventing  unjust 
discrimination  in  the  transportation  of  freight  and  pas- 
sengers on  the  railroads  in  this  State;  shall  have  the 
power  to  make  just  and  reasonable  joint  rates  for  all 
connecting  roads  doing  business  in  this  State,  as  to  all 
traffic  or  business  passing  from  one  of  said  roads  to 
another,  and  to  require  the  making  of  such  connection  at 
intersecting  points  of  the  schedule  of  trains  as  the  public 
convenience  may  in  their  judgment  demand;  provided, 
however,  that  before  applying  joint  rates  to  roads  that 
are  not  under  the  management  and  control  of  one  and 
the  same  company  the  commissioners  shall  give  30  days' 
notice  to  said  roads  of  the  joint  rate  contemplated  and 
of  its  division  between  said  roads,  and  give  hearing  to 
roads  desiring  to  object  to  the  same;  shall  make  reason- 
able and  just  rates  of  charges  for  use  of  railroad  cars 
carrying  any  and  all  kinds  of  freight  and  passengers  on 
said  railroad,  no  matter  by  whom  owned  or  carried,  and 
shall  make  just  and  reasonable  rules  and  regulations  to 
be  observed  by  said  railroad  companies  or  railroads  to 
prevent  the  giving  or  paying  of  any  rebate  or  bonus, 
directly  or  indirectly,  and  from  misleading  or  deceiving 
the  i)ublic  in  any  manner  as  to  the  real  rates  charged 
for  freight  and  passengers;  provided,  that  nothing  in 
this  chapter  shall  be  taken  as  in  any  manner  abridging 
or  controlling  the  rates  for  freight  charged  by  any  rail- 
road company  in  this  State  for  carrying  freight  which 
comes  from  or  goes  beyond  the  boundaries  of  the  State, 
and  on  which  freight  less  than  local  rates  on  any  rail- 
road carrying  the  same  are  charged  by  such  railroad,  but 
said  railroad  companies  shall  possess  the  same  power 
and  right  to  charge  such  rates  for  carrying  such  freights 
as  they  possessed  before  the  passage  of  this  chapter,  and 
commissioners  shall  have  full  power,  by  rules  and  regu- 
lations, to  designate  and  fix  the  difference  in  rates  of 
freight  and  passenger  transportation  to  be  allowed  for 
shorter  and  longer  distances  on  the  same  or  different 
railroads,  and  to  ascertain  what  shall  be  the  limit  of 
longer   and    shorter   distances. 

Commissioners  to  make  schedule  of  rates,  as  evidence — 
Schedules  to  be  posted — Proviso.  §  25.  The  said  railroad 
commissioners  are  hereby  authorized  and  required  to 
make  for  each  of  the  railroad  corporations  doing  busi- 
ness in  this  State,  as  soon  as  practicable,  a  schedule 
of  just  and  reasonable  rates  of  charges  for  transportation 
of  passengers  and  freight  and  cars  on  each  of  said  rail- 
roads, and  said  schedule  shall,  in  suits  brought  against 
any  such  railroad  corporations  wherein  is  involved  the 
charges  of  any  such  railroad  corporation  for  the  trans- 
portation of  any  passenger  or  freight  or  cars,  or  unjust 
discrimination  in  relation  thereto,  be  deemed  and  taken 
in  all  of  the  courts  of  this  State  as  sufficient  evidence 
that  the  rates  therein  fixed  are  just  and  reasonable  rates 
of  charges  for  the  transportation  of  passengers  and 
freights  and  cars  upon  the  railroads;  and  said  commis- 
sioners shall  from  time  to  time,  and  as  often  as  circum- 
stances may  require,  change  and  revise  said  schedule. 
When  any  schedule  shall  have  been  made  or  revised  it 
shall  be  the  duty  of  all  such  railroad  companies  to  post 
at  all  their  respective  stations  a  copy  of  said  schedule 
for  the  protection  of  the  people;  provided,  that  the  sched- 
ules thus  prepared  shall  not  be  taken  as  evidence  as 
herein  provided  until  schedules  have  been  prepared  and 
publishd  as  aforesaid  for  all  the  railroad  companies  now 
organized   under   the   laws   of  this   State   or   that   may  be 


1224 


National  Association  of  Eailwat  Commissioners 


organized  at  the  time  of  said  publication.  All  such 
schedules  purporting  to  be  printed  and  published  as 
aforesaid  shall  be  received  and  held  in  all  such  suits  as 
prima  facie  the  schedules  of  said  commissioners  without 
further  proof  that  the  production  of  the  schedule  desired 
to  be  used  as  evidence,  with  a  certificate  of  the  railroad 
commission  that  the  same  is  a  true  copy  of  the  schedule 
prepared  by  them  for  the  railroad  company  or  corporation 
therein  named,  and  that  the  same  has  been  duly  pub- 
lished as  required  by  law;  provided,  that  30  days'  notice 
of  any  change  or  revision  of  the  schedule  of  rates  shall 
first  be  given  to  the  railroad  company  to  be  affected 
thereby  before   the  same  shall  go   into  effect. 

Penalty.  Any  railroad  corporation  which  shall  fail  to 
post  at  any  of  its  stations  a  copy  of  the  schedule  of 
rates  as  provided  in  this  section,  shall  be  liable  to  a 
penalty  of  $100  for  each  and  every  day  in  which  it  shall 
fail  to  post  such  schedule,  to  be  recovered  by  any  citizen 
who  will  sue  therefor,  one-half  of  such  penalty  to  go 
to  the  State,  the  other  half  to  the  citizen  suing  for  the 
same. 

Commission  to  fix  storage  charges.  §  26.  Power  is 
hereby  conferred  on  the  railroad  commission  of  South 
Carolina,  and  they  are  required  to  fix  and  prescribe  a 
schedule  of  maximum  rates  and  charges  for  storage  of 
freight  maile  and  charged  by  railroad  companies  doing 
business  in  this  State,  and  to  fix  at  what  time,  after 
the  reception  of  freight  at  place  of  destination  such 
charges  of  storage  shall  begin,  with  power  to  vary  the 
same  according  to  the  value  and  character  of  the  freight 
stored,  the  nature  of  the  place  of  destination,  andi  resi- 
dence of  consignee,  and  such  other  facts  as  in  their 
judgment  should  be  considered  in  fixing  the  same. 

All  the  provisions  of  the  Act  creating  said  railroad 
commission,  and  Acts  amendatory  thereof,  prescribing 
the  procedure  of  said  commission  in  fixing  freight  and 
passenger  tariffs,  and  hearing  complaints  of  carrier  and 
shippers,  and  of  altering  and  amending  said  tariffs,  shall 
apply  to  the  subject  of  fixing  and  amending  rates  and 
charges  for  storage,  as  aforesaid. 

Discrimination,  etc.,  prohibited.  §  27.  No  railroad  com- 
,  pany  shall  make  or  retain,  directly  or  indirectly,  any  charge 
for  storage  of  freight  greater  than  that  fixed  by  the 
commission  for  each  particular  storage,  nor  shall  they 
discriminate  directly  or  indirectly  by  means  of  rebate, 
or  any  other  device  in  such  charges,  between  persons. 

Penalty  for  discrimination,  etc.  §  28.  If  any  railroad 
company  shall  violate  the  provisions  of  §  2095,  either 
by  exceeding  the  rates  of  storage  prescribed,  or  by  dis- 
criminating, as  aforesaid,  the  person  or  persons  so  pay- 
ing such  overcharge,  or  subject  to  such  discrimination, 
shall  have  the  right  to  sue  for  the  same  in  any  court  of 
this  State  having  jurisdiction  of  the  claim,  and  shall 
have  all  the  remedies,  and  be  entitled  to  recover  the 
same  penalties  and  measure  of  damages  as  is  prescribed 
In  the  case  of  overcharge  of  freight  rates,  upon  making 
like  demand  as  is  prescribed  in  such  case,  and  after  like 
failure    to   pay  the   same. 

Rates  on  watermelons  and  cantaloupes.  §  28a.  It  shall 
be  the  duty  of  all  railroad  companies  doing  business  in 
this  State,  to  publish  during  the  months  of  January  and 
February  of  each  year,  the  rates  of  freight  on  water- 
melons and  cantaloupes  per  carload  per  24,000  pounds 
and  upwards,  from  the  various  points  in  this  State  to 
the  different  markets  of  the  country,  which  rate  shall 
not  be  increased  during  the  current  year.  Any  railroad 
company  violating  the  provisions  of  this  section  by 
charging  rates  higher  than  those  so  published,  shall  for- 
feit to  the  party  injured  double  the  amount  of  the  freight 
charged,  to  be  recovered  in  any  court  of  competent  juris- 
diction. 

Approved  the  23d  day  of  February,  A.  D.  1903. 

Connecting  tracks — Penalty,  etc.  §  29.  Whenever  the 
lines  of  railroad  of  two  or  more  corporations  may  now, 
or  hereafter,  enter  or  pass  through  the  corporate  limits 
of  any  city  or  town  in  said  State,  the  corporations  own- 
ing the  same  are  hereby  required  to  build  such  connect- 
ing tracks  as  may  be  necessary  to  effect  an  actual  con- 
nection of  such  lines  for  the  purpose  of  interchanging 
and  delivering  cars  and  freight  in  carload  lots;  the 
entire  reasonable  cost  of  construction  and  maintenance 
of  such   connecting   track   to  be   borne  by   said   railroad 


corporations  whose  tracks  are  so  connected,  in  such 
ratable  proportion  as  shall  be  determined  and  adjusted 
by  the  railroad  commissioners  of  this  State.  Failure  to 
comply  with  the  provisions  of  ihis  section  for  six  months 
after  the  passage  of  this  Act,  or  for  six  months  after 
the  building  of  any  new  line  of  railroad  into  any  such 
city  or  town,  shall  subject  each  and  every  such  corpora- 
tion so  failing  to  a  penalty  of  $25  per  day,  to  be  recov- 
ered in  an  action  by  any  citizen  of  such  city  of  town, 
one-half  for  his  own  benefit  and  the  other  half  for  the 
benefit  of  the  State  of  South  Carolina;  Provided,  that 
any  one  of  such  railroad  corporations  may  relieve  itself 
from  liability  to  such  penalty  by  giving  notice  in  writing, 
within  30  days  from  the  date  when  it  shall  become  liable 
to  the  operations  of  this  Act,  to  the  other  corporation  so 
liable  thereto,  of  its  readiness  to  proceed  with  the  con- 
struction of  such  connecting  track;  and  if  the  other  cor- 
poration or  corporations  so  notified  shall  fail  to  unite  in 
such  construction  within  10  days  after  such  written  no- 
tice, the  corporation  giving  such  notice  may  proceed  to 
the  construction  of  such  track,  and  may  recover  of  eac'a 
and  every  other  line  so  connected  such  proportion  of 
the  costs  of  such  construct'on  as  shall  be  determined 
by  the  railroad  commissioners;  but  the  recovery  thereof 
shall  not  operate  to  discharge  such  delinquent  corpora- 
tion or  corporations  from  liability  to  the  penalty  abovj 
imposed  up  to  the  time  of  the  full  completion  of  sucli 
connecting  track. 


11 


Power  of  railroad  commission  to  suspend.  Provid(__ 
however,  that  the  railroad  commissioners  shall  have,  aSif 
are  hereby  invested  with,  the  power  to  suspend  the  oper- 
ation of  the  requirements  of  this  section  at  such  junc- 
tional points  as  are  hereinbefore  specified  when  it  caii 
be  shown,  upon  a  full  and  fair  hearing  before  them,  tha 
the  erection  and  operation  of  such  connection  would  bi 
unreasonable    and    unnecessary. 

Right  of  way  for  connecting  track.  §  30.  For  the  pui 
pose  of  building  such  track,  the  right  of  way  may  be  takei 
over  and  across  the  property  of  either  or  all  of  sucl 
railroad  corporations,  and  by  and  with  the  consent  o 
the  council  of  such  city  or  town,  such  connecting  tracl 
may  be  laid  across  or  along  any  of  the  streets  of  sucl 
city  or  town,  or  the  public  grounds  thereof;  Provided 
that  such  compensation  shall  be  made  to  abutting  land 
owners  as  they  may  be  entitled  to  by  law.  In  case  i 
should  be  necessary  for  such  connecting  track  to  cross 
any  private  property  other  than  such  as  above  specified 
then  the  right  of  condemnation  is  hereby  given  under  tht 
provisions  of  this  code  upon  the  subject,  to  be  exerciset 
upon  the  application  of  either  or  all  of  such  railroad 
corporations. 

Power  of  railroad  commission — Crossing  of  one  track  6j 
another.  §  31.  In  building  such  connecting  line  the  righ 
is  granted,  under  the  supervision  of  the  railroad  comniis 
sioners,  to  run  across  or  along  any  existing  track  ai 
grade,  and  any  railroad  corporation  building  a  new  lin* 
into  such  city  or  town  after  the  construction  of  sucl 
connecting  track  shall  be  required  to  connect  its  lin« 
with  such  track,  and  to  pay  to  each  and  every  such  cor 
poration  owning  such  track  a  part  of  the  costs  thereof 
which  said  part  of  the  costs  shall  be  fixed  and  deter 
rained    by    the    railroad    commissioners. 

Transferring  of  cars  from  connecting  lines.  |  32. 
shall  be  the  duty  of  all  railroad  corporations  whosl 
tracks  shall  be  so  connected  to  transfer  to  any  othei 
railroad  track  any  car  or  cars  upon  demand  of  the  con 
signee  or  owner  of  the  freight  in  said  car  or  cars,  at 
such  transfer  charges  as  may  be  fixed  by  the  railroac 
commission,  not  to  exceed  $1  per  car  in  any  case;  emptj 
cars  to  be  returned  free.  Failure  to  comply  with  th« 
written  demand  of  the  consignee  or  owner  within  24 
hours,  shall  subject  the  railroad  corporation  so  failiD{ 
to  a  penalty  of  $1  per  hour  so  long  as  such  failure  ma> 
continue,  to  be  deducted  from  the  freight  bill  of  suet 
owner  or  consignee,  or  to  be  recovered  by  an  action  of  law. 
unless  it  be  determined  by  the  jury  to  be  reasonablj 
impracticable  for  such  railroad  corporation  to  make  sucV 
transfer  within   said   time. 

Railroads  authorized  to  join  tracks.  §  33.  When  any 
railroad  company  owning,  leasing  or  operating  a  railroad 
in  or  through  any  part  of  this  State  shall  have  its  ter- 
minus or  any   part  of  its  track  at  or  near  the  terminus 


II 


Public  Service  Laws 


1-225 


of  any  other  railroad  In  this  State  having  the  same 
gauge,  or  shall  cross  the  same,  said  railroad  company 
shall  have  the  right,  and  is  hereby  authorized,  to  join 
its  track,  by  safe  and  proper  switches,  with  said  other 
railroads,  and  for  this  purpose  shall  have  the  right  to 
enter  upon  the  right  of  way  of  said  other  railroad;  Pro- 
vided, that  if  the  railroad  with  which  such  connection  is 
proposed  shall  refuse  to  join  in  expenses  for  the  same 
the  railroad  proposing  the  connection  shall  pay  them. 

Right  in  case  of  refusal  to  join  tracks.  §  34.  Should 
any  railroad  company  refuse  to  allow  the  connecting 
switches  put  in  its  line,  when  requested,  under  §  33, 
it  shall  and  may  be  lawful  for  the  other  road  seeking 
such  connection  to  proceed  to  procure  the  right  to  use 
so  much  of  the  franchise  of  the  former  as  may  be  neces- 
sary for  such  purpose,  in  the  manner  now  provided  by 
law  for  private  property  taken  for  use  of  any  railroad. 
Co7inecting  roads  to  operate  as  one  when  operated  by 
same  company.  §  35.  All  connecting  railroads  doing  busi- 
ness in  this  State,  and  under  the  management  or  control, 
by  lease,  ownership,  association  or  otherwise,  of  one 
and  the  same  person,  firm,  corporation  or  association, 
shall  for  purposes  of  transportation,  in  applying  freight 
and  passenger  tariffs,  be  considered  as  constituting  but 
one  and  the  same  road,  and  the  rate  shall  be  computed 
as  upon  parts  of  one  and  the  same  road  unless  other- 
wise specified  by  the  railroad  commission. 

Violation  of  rules.  §  36.  If  any  railroad  company  doing 
business  in  this  State,  by  its  agents  or  employes,  shall 
be  guilty  of  a  violation  of  the  rules  and  regulations  pro- 
vided and  prescribed  by  said  commissioners,  and,  if 
after  due  notice  of  such  violation  given  to  the  principal 
officer  thereof,  ample  and  full  recompense  for  the  wrong 
or  injury  done  thereby  to  any  person  or  corporation,  as 
may  be  directed  by  said  commissioueis,  shall  not  ha 
made  within  30  days  from  the  time  of  such  notice,  such 
company  shall  incur  a  penalty  for  each  offense  of  not 
less  than  $1,000  nor  more  than  $5,000,  to  be  fixed  by 
the  presiding  judge.  An  action  for  recovery  of  such 
penalty  shall  lie  in  any  court  in  the  State  where  such 
violation  has  6ccurred  or  wrong  has  been  perpetrated, 
and  shall  be  in  the  name  of  the  State  of  South  Carolina. 
The  commissioners  shall  institute  such  action  through 
the  attorney-general  or  any  of  the  solicitors  of  the  State. 
Injuries  to  persons.  §  37.  If  any  railroad  company  do- 
ing business  in  this  State  shall,  in  violation  of  any  rule  or 
regulation  provided  by  the  commissioners  aforesaid,  in- 
flict wrong  or  injury  on  any  person,  such  person  shall 
have  a  right  of  action  and  recovery  for  such  wrong  or 
injury  in  the  county  where  the  same  is  done  in  any 
court  having  jurisdiction  thereof,  and  the  damages  to 
be  recovered  shall  be  the  same  as  in  actions  between 
individuals,  except  in  cases  of  wilful  violation  of  law 
such  railroad  companies  shall  be  liable  to  exemplary 
damages;  provided,  that  all  suits  under  this  chapter 
shall  be  brought  within  12  months  of  the  commission  of 
the  alleged  wrong  or  injury. 

To  require  compliance.  §  38.  If  any  railroad  company 
shall  neglect  or  refuse  to  comply  with  the  provisions  of 
this  chapter  or  with  the  rules  and  regulations  prescribed 
by  said  commissioners  within  the  limits  of  their  author- 
ity, such  company  shall  be  subject  to  a  writ  of  man- 
damus, to  be  issued  by  any  justice  of  the  Supreme  Court, 
or  circuit  judge,  upon  application  of  the  commissioners, 
or  a  majority  of  them,  to  require  compliance  with  said 
laws  or  said  rules  and  regulations,  and  failure  to  comply 
with  said  writ  of  mandamus  shall  be  punishable  as  for 
contempt;  and  for  any  wilful  violation  of  any  of  said 
laws,  or  failure  to  comply  with  the  requirements  of  such 
rules  or  regulations,  the  court  may  award  such  costs 
and  counsel  fees,  on  the  return  of  said  writs,  and  after 
due  deliberation  thereon,  as  may  be  just. 

Names  and  residences  of  officers  to  be  filed  with  railroad 
commission.  §  39.  All  railroad  companies  owning  or  oper- 
ating a  line  of  railroad  situated  in  whole  or  in  part  within 
the  limits  of  this  State  shall  deposit  with  the  railroad 
commissioners  a  list  containing  the  names  and  residences 
of  the  president  and  board  of  directors  of  the  railroad 
company  owning  or  operating  the  said  line  of  railroad, 
Netv  railroad— How  and  when  opened.  §  40.  No  rail- 
road, branch  or  extension  of  a  railroad  shall  hereafter  be 
opened   for   public   use   until  the  railroad   commissioners. 


after  an  examination,  certify  that  all  laws  relating  to  the 
construction  thereof  have  been  complied  with,  and  that 
the  road  appears  to  be  in  a  safe  condition  for  operation, 
unless  the  said  commissioners  shall,  after  the  10  days' 
written  notice  to  them  by  said  railroad  company  of  such 
proposed  opening,  fail  to  make  such  examination  and 
certificate. 

Personal  injuries— Accidents — Notice  to  be  given — Pen- 
alty. §  41.  Every  railroad  corporation  shall  cause  Imme- 
diate notice  of  any  accident  which  may  occur  on  its  road, 
attended  with  injury  to  any  person,  in  such  cases  of 
accident  attended  with  any  injury  to  any  person,  as  the 
railroad  commissioners  may  by  rules  and  regulations 
adopted  by  them  require  the  giving  of  such  notices,  to 
be  given  to  a  physician  most  accessible  to  the  place  of 
accident  and  to  the  railroad  commissioners,  by  telegraph, 
telephone  or  such  other  means  as  may  be  the  quickest 
under  the  circumstances,  at  the  same  time  that  notice 
is  given  the  offlcials  of  the  road  on  which  the  accident 
occurred,  and  shall  furnish  immediate  transportation  for 
the  commissioners  over  its  line  to  the  place  of  accident, 
free  of  expense  to  the  commissioners,  and  if  the  com- 
missioners use  another  railroad  to  reach  the  place  of 
accident,  the  corporation  on  whose  line  the  accident 
occurs  shall  pay  the  expense  of  transportation  thereon, 
and  shall  also  give  notice  in  like  manner  of  any  accident 
falling  within  any  description  of  accidents  of  which  said 
commissioners  may  by  general  regulation  require  notice 
to  be  given.  For  each  omission  to  give  such  notice  the 
corporation  shall  forfeit  a  sum  not  exceeding  $500  (As 
amended  1895.) 

Flagman  at  crossing.  §  42.  The  railroad  commissioners 
shall  have  authority,  upon  the  application  of  the  county 
supervisors,  if  they  deem  it  necessary,  to  require  any 
railroad  corporation  to  have  a  stationary  flagman  at  any 
crossing   the   importance   of   which   may   demand   it. 

Appeal  from  railroad  commission.  §  43.  The  said  rail- 
road company,  after  receiving  such  notice,  and  within 
10  days  after  such  reception,  may  apply  to  the  Circuit 
Court  of  the  respective  circuit  in  which  such  crossing  is 
situated,  or  to  a  judge  thereof  if  the  court  be  not  in 
session,  and  claim  a  re-examination  of  the  said  locality, 
and  a  revision  of  the  action  of  the  said  railroad  com- 
missioners, and  the  said  court  or  judge,  as  the  case  may 
be,  shall  appoint  forthwith  some  civil  engineer,  not  con- 
nected with  any  railroad,  to  examine  into  the  matter 
forthwith,  and  he  may  either  affirm  the  demand  of  said 
railroad  commissioners,  or  modify  it,  and  his  determina- 
tion  shall  be   final. 

To  comply  with  decision  of  engineer.  §  44.  All  rail- 
road companies  shall,  within  the  time  indicated  as  afore- 
said, by  the  railroad  commissioners  or  county  supervisor, 
as  the  case  may  be,  or  within  the  time  given  by  the' 
said  civil  engineer  to  said  corporation  upon  re-examina- 
tion, maintain  and  construct  said  crossing  in  the  manner 
demanded  of  them  by  said  railroad  commissioners  or 
county  supervisor,  as  the  case  may  be,  or  civil  engineer, 
or  station  a  flagman,  if  such  should  be  required,  at  the 
locality  where  such  has  been  found  necessary,  as  afore- 
said. 

Regulation  of  schedules,  etc.  §  45.  It  shall  be  the  duty 
of  the  railroad  commissioners,  within  30  days  after  the 
passage  of  this  section,  and  from  time  to  time,  to  ex- 
amine into  the  schedules  of  all  the  railroads  in  this 
State  for  the  carriage  of  persons  or  passengers,  with 
a  view  to  ascertain  if  said  roads  can  reasonably  make 
close  connection  with  intersecting  roads;  and  wherever, 
in  their  opinion,  such  close  connection  can  be  made 
without  injustice  or  material  injury  to  such  road  or 
roads,  they  shall  make  the  appropriate  orders  to  effect 
the  same.  And,  the  better  to  secure  such  connections, 
they  may  require  all  persons,  associations  or  corpora- 
tions operating  any  railroad  or  railroads  (except  such 
as  may  be  in  the  hands  of  receivers)  to  run  at  least 
one  unmixed  daily  passenger  train  each  way  over  such 
railroad  or  railroads,  and  may  likewise  require  such 
persons,  associations  or  corporations  to  furnish  to  the 
traveling  public  facilities  for  passage  over  such  railroads 
twice  each   way  daily. 

For  the  foregoing  purposes,  said  commissioners  shall 
have  power  to  summon  witnesses  and  take  testimony  and 
any  road  shall  have  the  right  to  appeal,  as  in  other  cases 
of  appeal,  from  inferior  courts. 


1226 


National  Association  of  Eailway  Commissioners 


Forfeiture  for  failure  to  obey  orders.  §  46.  Any  railroad 
In  this  State  refusing  to  obey  any  order  of  tlie  railroad 
commissioners  made  under  this  chapter  shall  forfeit  not 
less  than  the  sum  of  $500  nor  more  than  $2,000,  to  be 
recovered  by  the  suit  of  said  commissioners  in  a  suit 
in  the  Court  of  Common  Pleas,  which  sum,  if  recovered, 
shall  go  to  the  general  fund  of  this  State. 

BEQtJLATIONS   FOB  THE  ACCOMMODATION,   CONVENIENCE   ANB  PBO- 
TECTION   OF  PASSENGERS   AND  IN   RESPECT  TO  MERCHANDISE. 

Persons  occupying  office  at  railway  stations,  etc.,  to  he 
deemed  agents  of  corporation  to  ivhom  charter  was  granted. 
§  47.  Any  person  occupying  an  offlce  or  room  in  any  rail- 
way stai'on  and  attending  to  and  transacting  therein  the 
business  of  any  railroad  under  the  charter  of  which  the 
said  railroad  is  authorized  by  law  shall  be  deemed  the 
agent  of  such  corporation,  notwithstanding  he  may  claim 
to  be  tlie  agent  of  any  other  person  or  corporation  claim- 
ing to  operate  said  railroad  by  virtue  of  any  lease,  con- 
tract or  agreement;  and  the  bill  of  lading,  receipt,  agree- 
ment or  contract  signed  or  entered  into  by  said  person 
as  agent  of  any  such  person  or  corporation  operating  said 
railroad  shall  be  deemed  the  contract  of  the  corporation 
under  the  charter  of  whrch  the  said  railroad  is  so  author- 
ized. 

Accommodations  for  passengers — Penalty.  §  48.  Every 
railroad  corporation  shall  furnish  reasonable  accommoda- 
tions for  the  convenience  and  safety  of  passengers;  and 
fcr  evei;y  wilful  neglect  to  provide  the  same  shall  for- 
feit not  less  than  $5  nor  more  than  $20,  to  be  recovered 
in   an   action   against   such   corporation. 

Railroad  companies  to  furnish  separate  coaches  for 
whites  and  blacks.  |  49.  All  railroads  and  steam  ferries 
and  railroad  companies  engaged  in  this  State  as  common 
carriers  of  passengers  for  hire,  shall  furnish  separate 
coaches  or  cabins  for  the  accommodation  of  white  and 
colored  passengers;  provided,  equal  accommodations  shall 
be  supplied  to  all  persons,  without  distinction  of  race, 
color  or  previous  condition,  in  such  coaches  or  cabins; 
provided,  further,  that  all  first-class  coaches  and  cabins 
shall  be  provided  with  a  compartment  at  each  end  of 
such  coaches  or  cabins;  said  compartments  shall  be 
provided  with  seats  for  three  or  more  persons;  on  one 
compartment  shall  be  printed  the  words,  "For  Females," 
and   on   the   other,   "For   Males." 

Exceptions.  §  50.  The  provisions  of  SSj  48  and  49  shall 
not  apply  to  nurses  on  trains,  nor  to  narrow-gauge 
roads  or  branch  lines,  nor  roads  under  40  miles  in  length, 
or  to  relief  trains,  in  case  of  accident,  or  to  through 
vestibule  trains  rot  intended  or  used  for  local  travel, 
nor  to  regular  freight  trains  with  a  passenger  coach  at- 
tached for  local  travel,  nor  to  officers  or  guards  trans- 
porting prisoners,  nor  to  prisoners  or  lunatics  being  so 
transported;  provided,  that  all  railroads  operated  by 
steam  under  40  miles  in  length  shall  furnish  separate 
apartments  for  white  and  colored  passengers;  provided, 
further,  that  where  said  railroads  under  40  miles  in 
length  operate  both  a  daily  passenger  train  and  a  freight 
train,  with  or  without  a  coach  attached,  said  railroad 
shall  be  required  to  furnish  separate  apartments  for 
white  and  colored  passengers  only  on  the  said  passenger 
trains. 

Repeal  That  all  Acts  and  parts  of  Acts  Inconsistent 
with  this  Act  are  hereby  repealed. 

Electric  roads  excepted.  Provided,  the  provisions  hereof 
shall   not   apply  to   electric   railroads. 

Penalty  for  violation.  §  51.  It  shall  be  unlawful  for  the 
officers  or  employes  having  charge  of  such  railroad  cars 
as  are  provided  for  by  this  chapter  to  allow  or  permit 
white  and  colored  passengers  to  occupy  the  same  car 
except  as  herein  permitted  and  allowed. 

When  law  may  not  he  observed.  §  52.  In  case  the  coach 
for  either  white  or  colored  passengers  should  be  full  of 
passengers,  and  another  coach. cannot  be  procured  at  the 
time,  then  the  conductor  In  charge  of  the  train  shall  be, 
and  he  is  hereby,  authorized  to  set  apart  so  much  of 
the  other  coach  as  may  be  necessary  to  accommodate 
the  passengers  on  said  train. 

\iolation  by  railroads — How  punished.  §  53.  Should 
any  railroad  or  railroad  company,  its  agents  or  employes, 
violate  the  provisions  of  the  last  four  sections,  such  rail- 
road or  railroad  company  shall  be  liable  to  a  penalty  of 


not  more  than  $500  nor  less  than  $300  for  each  violation, 
to  be  collected  by  suit  of  any  citizen  of  this  State,  and 
the  penalty  recovered  shall,  after  paying  off  proper 
fees  and  costs,  go  into  the  general  fund  of  the  State 
treasury. 

Passenger  rate  3  cents  per  mile.  §  64.  The  rate  for 
transportation  of  passengers  on  all  railroads  to  which 
the  provisions  of  this  chapter  shall  apply  shall  not  ex- 
ceed 3  cents  per  mile  for  every  mile  traveled;  and  such 
railroads  shall  not  be  required  to  have  second-class 
coaches  or  to  sell  second-class  tickets;  provided,  that 
no  railroad  shall  be  required  to  charge  a  fare  of  less 
than  5  cents  for  the  entire  distance  traveled;  provided, 
however,  that  any  railroad  not  over  five  miles  in  length 
and  operated  independently  may  be  allowed  by  the  rail- 
road commission  to  charge  and  receive  5  cents  per  mile 
for   the   transportation   of  passengers. 

To  check  baggage — Penalty  for  refusing.  §  55.  Every 
railroad  corporation,  when  requested,  shall  give  checks 
to  passengers  for  their  baggage  when  delivered  for  trans- 
portation in  good  shipping  order,  and  shall  redeliver  the 
same  to  the  passengers  upon  the  surrender  of  their 
checks.  Any  corporation  which  wilfully  refuses  to  com- 
ply with  the  provisions  of  this  section  shall  forfeit  $t0 
for  each  offense. 

Bicycles  and  baby  carriages  to  be  carried  as  baggate. 
§  56.'  Bicycles  and  baby  carriages  shall  be  deemed  baggai;e 
for  the  purpose  of  transportation  by  steam  railroads  ai  d 
steam  ferries.  Steam  railroads  and  steam  ferries  shf  11 
carry  bicycles  and  baby  carriages  under  the  same  rulos 
and  subject  to  the  same  liabilities  as  govern  trunks  ai  d 
other  separate  baggage  of  passenger.  No  person  sh£  11 
be  required  to  crate,  cover,  lock,  box  or  otherwise  pro- 
tect bicycles  or  baby  carriages  as  baggage,  under  tl  e 
provisions  of  this  section.  But  said  steam  railroads  ai  d 
steam  ferries  shall  not  be  required  to  carry  more  thi  n 
one    bicycle   or   baby   carriage   for   any    one    person. 

Railroads  to  transport  free  baggage  of  passengers  n  it 
exceeding  200  pounds.  §  57.  (1)  On  and  after  the  approv  il 
of  this  Act  by  the  governor,  all  common  carriers  of  pas- 
sengers in  this  State  using  steam  as  a  motive  r'OW(  r 
shall  safely  transport  to  the  destination  of  any  passeng<  r 
personal  baggage  or  sample  trunks  or  sample  cases,  U'  t 
to  exceed  200  pounds  in  weight,  for  any  one  passengc  r 
holding  a  ticket  or  paying  ordinary  passenger  fare,  fr<  e 
of  charge  for  such  personal  baggage  or  sample  trunks  (  r 
sample  cases,  and  shall  issue  checks  for  such  person  il 
baggage    or   sample   trunks   or   sample    cases   on   reques  t. 

Penalty.  (2)  That  any  agent  or  employe  of  any  commc  n 
carrier  of  passengers  violating  the  provisions  of  th  s 
Act,  shall,  upon  conviction,  be  deemed  guilty  of  a  mi  i- 
demeanor,  and  subject  to  pay  a  fine  r.ot  to  exceed  $10  ), 
or  to  be  imprisoned  for  a  term  not  exceeding  30  days. 

Mileage  tickets  shall  be  good  for  members  of  purchaseis' 
families — To  follow.  §58  (1)  From  and  after  the  passage 
of  this  Act,  every  mileage  ticket  sold  by  any  railroi  d 
company  doing  business  in  this  State  shall  be  valid  ai  d 
good  for  the  carriage  over  the  lines  of  said  railroad,  bo  h 
for  the  purchaser  and  the  actual  members  of  his  or  h^r 
family  living  with  the  purchaser  at  the  time  of  purchas-; 
provided,  that  the  name  of  any  person  so  entitled  to  u  e 
said  ticket  shall  be  furnished  in  writing  to  the  railroi  d 
selling  the  same  by  the  purchaser  at  the  time  of  tlie 
purchase,  and  shall  be  inserted  in  the  ticket;  provide dj^ 
further,  that  this  Act  go  into  effect  30  days  after  j 
approval    by    the    governor. 

Repeal.     (2)    All  Acts  and  parts  of  Acts  InconsisfS 
with  this  Act  are  hereby  repealed. 

To  keep  rooms  for  passengers.  §  59.  Every  railroad 
company  owning  or  operating  a  railroad  in  this  State 
shall  erect  and  keep  at  every  offlce  where  tickets  are  sold 
for  travel  over  its  road,  two  good  rooms  or  apartments 
of  reasonable  size  for  the  amount  of  travel  at  such  office, 
which  shall  be  furnished  with  comfortable  seats  for 
the  accommodation  of  passengers.  Such  rooms  to  be  in 
charge  of  an  employe  of  such  company,  and  kept  op-jn 
at  such  hours  as  to  accommodate  passengers  traveling 
over  such  road  on  any  of  its  passenger  trains;  and  it 
shall  be  the  duty  of  the  railroad  commissioners  to  en- 
force the  provisions  of  this   section. 

Meals  not  to  be  furnished  white  and  colored  passengcra 


ided. 

II 

3tllF 


Public  Service  Laws 


1227 


in  same  room  at  station  eating  houses.  §  60.  (1)  Imme- 
diately after  the  approval  of  this  Act  by  the  governor, 
no  persons,  firms  or  corporations  who  or  which  furnish 
meals  to  passengers  at  station  restaurants  or  station 
eating-houses,  in  times  limited  by  common  carriers  of 
said  passengers,  shall  furnish  said  meals  to  white  and 
colored  passengers  in  the  same  room,  or  at  the  same 
table,   or   at   the   same   counter. 

Penalty.  (2)  Any  person,  firm  or  corporation  violating 
the  provisions  of  §  1  of  this  Act,  shall,  ui)on  conviction, 
be  deemed  guilty  of  a  misdemeanor,  and  subject  to  a 
fine  of  not  less  than  $25,  nor  to  exceed  $100,  or  to  im- 
prisonment not  to  exceed  30  days  for  each  offense. 

Railroads  to  build  two  separate  closets  when  ordered  by 
railroad  commission.  §  61.  (1)  All  railroads,  railroad  com- 
panies, or  other  companies  or  individuals  operating  or 
running  any  system  of  cars,  carriages  or  other  convey- 
ances for  the  purpose  of  transforting  passengers  for 
hire,  are  hereby  required,  when  ordered  so  to  do  by  the 
railroad  commissioners,  who  are  hereby  empowered  to 
make  such  order,  to  build,  keep  and  maintain  at  all  pas- 
senger stations,  and  other  places  where  people  are  regu- 
larly taken  on  and  put  off  of  said  cars,  carriages,  or 
other  conveyances,  two  separate  and  distinct  water 
closets — that  is  to  say,  one  for  female  passengers  and 
one  for  male  passengers — and  said  closets  shall  be  kept 
in  fit  and  suitable  condition  for  the  use  and  convenience 
of  passengers;  provided,  this  Act  shall  not  be  construed 
to  have  reference  to  flag  stations  on  railroad  lines  where 
there   is   no   regularly  kept   passenger  station. 

Penalty  for  failure.  (2)  Any  company,  organization 
or  individual  refusing,  failing  or  neglecting  to  observe 
the  provisions  of  §  1  of  this  Act,  shall  be  liable  to  pay  a 
penalty  of  $50  lor  each  and  every  day  said  company, 
organization,  individuals  or  individual,  shall  fail,  refuse 
or  neglect  to  provide  said  water  closets  as  herein  pro- 
vided, said  penalty  to  be  recovered  by  any  citizen  or 
citizens  who  will  sue  therefor,  one-half  of  said  penalty 
to  go  to  the  school  fund  of  the  county  in  which  said 
8uit  is  brought,  and  the  other  half  to  the  citizen  or  citi- 
zens  suing  for  same. 

Railroad  commissioners  m,ay  require  railroads  to  erect 
depots.  §  62.  The  railroad  commissioners  of  this  State  are 
hereby  invested  with  authority  to  require  all  railroads  at 
junctional  points,  and  at  such  other  points  as  the  travel 
and  public  interest  in  their  judgment  shall  justify  in 
this  State,  to  erect  union  or  other  depots  for  the  con- 
venience and  accomm.odation  of  the  public,  and  if  any 
railroad  company  shall  refuse  or  fail  so  to  do,  when 
required  by  the  said  railroad  commissioners,  within  the 
time  as  specified  by  them,  it  shall  forfeit  and  pay  a  sum 
of  not  less  than  $50  per  day  after  expiration  of  time  as 
set  forth  in  the  order  or  circular  of  said  railroad  com- 
mission, to  be  recovered  in  an  action  in  any  county  in 
this  State  where  such  violation  has  occurred,  and  shall 
be  in  the  name  of  the  State  of  South  Carolina.  The 
commission  shall  institute  such  action  through  the  attor- 
ney-general or  any  of  the  solicitors  of  the  State.  The  said 
railroad  commissioners  shall  have  the  right  to  fix  the 
time  for   the   erection   of  depots. 

Proceedings  as  to  trains  behind  time.  §  63.  Whenever 
any  passenger  train  on  any  railroad  in  this  State  shall 
be  more  than  one-half  of  an  hour  behind  its  schedule 
time  it  shall  be  the  duty  of  such  railroad  company  to 
keep  posted  at  every  telegraph  station  along  its  line, 
when  a  telegraph  operator  is  on  duty  at  such  station, 
the  time  such  train  is  behind  its  schedule,  and  shall 
change  such  bulletin  every  quarter-hour  until  such  train 
arrives,  stating  therein  the  time  such  train  is  behind 
and  the  hour  at  which  it  is  expected  to  arrive;  provided, 
such  bulletins  shall  not  be  required  to  be  posted  at  any 
station  until  one  half-hour  before  the  regular  schedule 
time  at  which  such  train  is  to  arrive  at  the  station  at 
which    such    bulletin    is   required   to   be   kept. 

Penalty.  Any  railroad  company  which  shall  refuse  or 
neglect  to  comply  with  the  provisions  of  this  section 
shall  forfeit  and  pay  the  sum  of  $10  for  each  and  every 
such  refusal  or  neglect;  said  sum  to  be  sued  for  and 
recovered  by  any  person  aggrieved  in  any  court  of  com- 
petent jurisdiction  in  the  county  where  such  refusal  or 
neglect  occurs. 

Change  of  time-tables  to  be  published.     §  64.    Notice  of 


any  change  in  passenger  schedules,  or  time-tables,  shall 
be  published  at  least  three  days  before  each  such  change 
goes  into  effect. 

Badges  to  be  worn.  §  65.  Every  conductor,  baggage- 
master,  engineer,  brakeman  or  other  servant  of  any 
railroad  corporation  employed  on  a  passenger  train,  or 
at  stations  tor  passengers,  shall  wear  on  his  hat  or  cap 
a  badge  which  shall  indicate  his  ofllice,  and  the  initial 
letters  of  the  style  of  the  corporation  by  which  he  is 
employed.  No  conductor  or  collector  without  such  badge 
shall  have  any  authority  to  meddle  or  interfere  with  any 
passenger,  his  baggage  or  property.  And  it  is  the  duty 
of  said  railroad  corporation  to  see  that  such  badges  as 
aforesaid   are   worn. 

Police  powers  of  conductors  and  station  agents.  §  66. 
Conductors  of  railroad  trains  and  station  or  depot  agents 
are  hereby  declared  to  be  conservators  of  the  peace, 
and  they  and  each  of  them  shall  have  the  common  law 
power  of  constables  to  make  arrests,  except  that  the 
conductors  shall  only  have  such  power  on  board  of 
their  respective  trains,  and  the  agents  at  their  respective 
places  of  business;  and  said  conductors  and  agents  may 
cause  any  person  or  persons  so  arrested  by  them  to  be 
detained  and  delivered  to  the  proper  authorities  for  trial 
as   soon   as   practicable. 

Power  of  conductors  to  eject  passengers  in  certain  cases. 
§  67.  When  any  passenger  shall  be  guilty  of  disorderly 
conduct,  or  use  any  obscene  or  grossly  profane  language, 
to  the  annoyance  and  vexation  of  passengers,  or  play 
any  game  of  cards  or  other  game  of  chance  for  money 
or  other  valuable  thing,  upon  any  railroad  train,  the  con- 
ductor of  such  train  is  hereby  authorized  to  stop  his 
train  at  any  place  where  such  offense  has  been  com- 
mitted and  eject  such  passenger  from  the  train,  using 
only  such  force  as  may  be  necessary  to  accomplish  such 
removal,  and  may  command  the  assistance  of  the  em- 
ployes of  the  railroad  company,  or  any  of  the  passengers, 
to  assist  in  such  removal. 

Merchandise  must  be  promptly  forwarded  according  to 
directions,  etc.  §  68.  Every  railroad  corporation  shall 
promptly  forward  merchandise  consigned  or  directed  to 
be  sent  over  another  road  connecting  with  its  road,  ac- 
cording lo  the  directions  contained  thereon  or  accom- 
panying the  same,  and  shall  not  receive  and  forward 
over  its  road  any  merchandise  consigned,  ordered  or 
expressly  directed  to  be  received  and  forwarded  by  a 
different   route. 

Railroads  crossing  another  railroad  or  navigable  waters. 
§  69.  No  railroad  shall  be  constructed  to  cross  another 
railroad  at  the  same  level  therewith,  or  across  navigable 
or  tide  waters,  without  the  consent,  in  writing,  of  the 
railroad  commissioners,  and  in  such  manner  as  they 
shall  prescribe.  It  shall  be  unlawful  for  any  corpora- 
tion proceeding  to  construct  a  branch  or  extension,  or 
otherwise  to  take  any  proceedings  contemplating  a  new 
crossing  of  one  railroad  with  arother,  at  the  same  level 
therewith,  unless  such  crossing  shall  first  have  been 
approved,  in  writing,  by  the  railroad  commissioners,  and 
the  preliminary  approval  of  any  plan  for  such  crossing 
shall  always  be  made  subject  to  revision  by  the  com- 
missioners. And  the  Court  of  Comm.on  Pleas  shall  have 
full  equity  jurisdiction,  on  information  filed  by  the  attor- 
ney-general, in  case  of  anj'  violation  of  the  provisions 
of   this   section. 

Obstruction  of  highways.  §  70.  When  a  railroad  is  laid 
out  across  a  highway  or  other  way,  it  shall  be  con- 
structed  so   as   not   to  obstruct  the   same. 

Raising  or  lowering  highways.  §  71.  A  railroad  corpo- 
ration may  raise  or  lower  any  highway  or  other  way 
for  the  purpose  of  having  its  road  pass  over  or  under 
the  same;  but  before  proceeding  to  cross,  alter  or  exca- 
vate for  the  purpose  of  crossing  the  way,  it  shall  obtain 
from  the  county  commissioners  a  decree  prescribing  what 
alterations  may  be  made  in  the  way,  and  the  manner 
and  time  of  making  the  alterations  or  structures  the 
commissioners  may  require  at  the  crossing;  and  before 
entering  upon,  excavating,  or  altering  the  way,  shall  give 
security  satisfactory  to  the  commissioners  of  the  county 
in  which  the  crossing  is  situated  that  it  will  faithfully 
comply  with  the  requirements  of  the  decree  to  the 
acceptance  of  the  commissioners,  and  indemnify  the  city 
or  town  from  all  damages  and  charges  by  reason  of  any 


1228 


National  Association  of  Railway  Commissionebs 


failure  so  to  do;  provided,  that  wiiere  such  highway  or 
other  way  shall  be  within  the  corporate  limits  of  any  city, 
town  or  village,  such  permission  shall  be  tfbtained  from 
and  security  be  given  to,  the  proper  municipal  authori- 
ties thereof,  instead  of  from  and  to  the  said  county  com- 
missioners. 

Altering  course  of  highways.  §  72.  A  railroad  corpora- 
tion may  alter  the  course  of  a  highway  or  other  way, 
other  than  a  street,  in  any  incorporated  city,  town  or 
village,  for  the  purpose  of  facilitating  the  crossings  of 
the  same  by  its  roads,  or  permitting  its  road  to  pass  at 
the  side  thereof  without  crossing,  upon  obtaining  a  de- 
cree of  the  county  board  of  commissioners  prescribing 
the  manner  and  time  of  such  alteration.  The  corporation 
shall  pay  all  damages  occasioned  to  private  property  by 
the  alteration,  as  in  the  case  of  land  taken  for  its  road. 

Crossings  to  be  protected.  §  73.  A  railroad  corporation 
whose  road  is  crossed  by  a  highway  or  other  way  on  a 
level  therewith  shall,  at  its  own  expense,  so  guard  or 
protect  its  rails  by  plank,  timber  or  otherwise  as  to 
secure  a  safe  and  easy  passage  across  its  road;  and 
if,  in  the  opinion  of  the  county  board  of  commissioners, 
or  if  such  highway  or  other  way  be  within  the  corporate 
limits  of  any  city,  town  or  village,  then  the  proper 
municipal  authorities  thereof,  any  subsequent  alteration 
of  the  highway  or  other  way,  or  any  additional  safe- 
guards, are  required  at  the  crossing,  they  may  order  the 
corporation  to  establish  the  same. 

Private  crossings  over  railroad — How  protected.  ^  74. 
Private  roads  crossing  railroads  shall  be  protected  by 
said  railroads  the  same  as  the  law  requires  them  to 
protect   public   highways. 

Spittoons  on  passenger  trains.  §  75.  (1)  From  and 
after  the  first  day  of  May,  1902,  it  shall  be  unlawful  for 
any  railroad  company  doing  business  in  this  State  as 
a  common  carrier,  to  use  any  car  for  the  purpose  of 
carrying  passengers,  without  first  providing  at  least  one 
spittoon   for   every   two   seats   in  such   car. 

Penalty.  (2)  If  any  railroad  company  violate  the  pro- 
visions of  the  preceding  section  of  this  Act,  such  railroad 
company  shall  forfeit  the  sum  of  $25  for  each  offense,  to 
be  recovered  by  any  citizen  of  a  county  through  which 
the    railroad    passes. 

Unlaivful  for  railroads  to  collect  for  crossing  bridges. 
§76.  (1)  It  shall  be  unlawful  for  any  agent  or  conductor 
of  any  railroad  to  charge  or  collect  any  extra  compensa- 
tion from  any  passenger  for  crossing  any  bridge  on  any 
river  which  may  be  wholly  or  partly  within  this  State. 
(2)  Any  person  violating  §  1  of  this  Act  shall,  upon 
conviction,  be  deemed  guilty  of  a  misdemeanor  and  sub- 
ject to  a  fine  not  to  exceed  $100,  or  to  imprisonment 
not  to  exceed  30  days;  provided,  however,  that  this  Act 
shall  not  take  effect  until  60  days  after  its  approval  by 
the   governor. 

Common  carriers  not  to  interfere  with  contracts  of  ship- 
ment. §77.  (1)  If  any  person,  firm  or  corporation  shall 
have  contracted  to  deliver  to  any  other  person,  firm  or 
corporation  within  this  State  certain  commodities,  no 
common  carrier  doing  business  in  this  State,  over  whose 
road  such  commodities  would  be  transported  before  de- 
livery to  the  consignee,  shall  interfere  with  the  fulfill- 
ment of  such  contracts  between  such  shipper  of  freight 
and  the  proposed  consignee;  nor  shall  undertake  to  con- 
trol or  direct,  or  in  any  wise  interfere  with,  the  ship- 
ment of  such  commodities  by  the  party  or  parties  who 
has  contracted  so  to  ship  the  same.  To  this  end  no 
common  carrier  doing  business  in  this  State,  over  whose 
road  such  commodities  would  pass  in  transportation  be- 
fore delivery  to  the  consignee  in  this  State,  when  fur- 
nishing cars  to  the  shippers  thereof,  shall  have  the  right 
to  designate  to  what  consignees  freight  loaded  in  such 
cars  shall  be  consigned,  or  in  any  way  to  interfere  with 
or  seek  to  control  the  use  of  such  cars  by  the  shipper 
In  making  shipment  to  such  consignees  as  he  may  desire 
to  ship  to,  or  be  under  contract  to  ship  to. 

Penalty.  (2)  Any  common  carrier  violating  the  provi- 
sions of  this  section  shall  be  liable  to  such  damages, 
including  special  and  punitive  damages,  as  may  be  found 
in  an  action  maintained  in  the  courts  of  this  State.  Any 
?hlpi>er  or  proposed  consignee,  bringing  suit  for  the  vio- 
lation of  the  terms  of  this  Act,  may  include  in  the  same 
action    actual    damages    sustained. by    him    through    such 


act  of  the  common  carrier,  as  well  as  any  special  dam- 
ages, and  may  also  recover  in  the  same  action  such 
punitive  damages  as  may  be  allowed  to  him. 

Consignees  of  coal,  etc.,  may  have  same  reweighed.  |  78. 
(1)  Any  consignee  of  coal  or  other  articles  to  be  deliv- 
ered to  him  in  carload  lots  by  any  common  carrier  at 
any  point  within  the  limits  of  this  State  where  such  com- 
mon carrier  maintains  track  scales,  shall  have  the  right 
to  demand  that  such  coal  or  other  articles  be  reweighed 
before  delivery  to  him  by  said  common  carrier;  and  it 
shall  be  the  duty  of  such  common  carrier,  within  18 
hours  after  such  demand,  to  reweigh  the  same  and  de- 
liver to  such  consignee  a  written  or  printed,  or  partly 
written  and  partly  printed,  statement,  showing  the  true 
weight   thereof. 

Penalty.  (2)  Any  common  carrier  refusing  or  failing  to 
comply  with  any  of  the  provisions  of  §  1  of  this  Act 
shall  forfeit  the  right  to  any  freight  incurred  through 
transportation  of  such  coal  or  other  article,  or  in  the 
event  that  such  freight  shall  have  been  prepaid,  shall  be 
liable  as  a  penalty  to  the  said  consignee  for  the  amouat 
of  freight  so  prepaid,  to  be  recovered  by  suit  in  any 
court  of  competent  jurisdiction. 

Demurrage  not  to  be  charged  in  such  cases  after  demand. 
(3)  No  demurrage  or  other  similar  charges  shall  be  made 
by  any  common  carrier  against  a  consignee  making  the 
demand  specified  in  §  1  of  this  Act,  between  the  time  of 
the  making  of  such  demand  and  the  time  of  delivery  ly 
such  common  carrier  to  said  consignee  of  the  statement 
required   in   said   section. 

Common  carriers  to  maintain  scales  under  certain  cot- 
ditions.  (4)  It  shall  be  the  duty  of  any  common  carrii'.r 
doing  business  in  this  State,  upon  demand  of  any  pan  y 
or  any  industrial  enterprise  having  a  sidetrack  adjacent 
to  and  used  in  connection  with  the  business  of  the  sa  d 
party  or  industrial  enterprise,  to  erect  and  maintain  c  n 
the  sidetrack  suitable  scales  for  reweighing  the  sa  d 
coal  or  other  articles,  in  carload  lots;  provided,  however, 
the  said  party  or.  industrial  enterprise  shall  agree  aid 
become  liable  to  the  said  common  carrier  to  pay  tl  e 
amount  Incurred  by  said  common  carrier  in  the  erectic  n 
and  maintenance  of  the  said  scales.  In  such  event,  it 
shall  be  the  duty  of  the  said  common  carrier  to  reweigh 
such  coal  or  other  articles  delivered  in  carload  lots  o 
the  said  party  or  industrial  enterprise  upon  said  sid  i- 
track,  as  provided  for  in  §  1  of  this  Act.  Upon  refus  il 
so  to  weigh,  the  said  common  carrier  shall  be  liable  f<  r 
the  same  penalties  heretofore  provided  in  this  Act. 

Railroads  to  discharge  passengers  at  certain  county  sea  s 
from,  all  trains.  §79.  (1)  All  railroad  companies  operst- 
ing  railroads  within  this  State,  which  pass  through  ar  y 
town  or  city  where  the  county  court  house  is  locate  1, 
having  a  population  of  not  less  than  3,900,  or  more  th£  n 
4,100,  as  shown  by  the  United  States  Census  of  190 ), 
shall  cause  all  of  its  passenger  trains,  except  trains  us<  d 
exclusively  for  carrying  interstate  passengers,  to  st(  p 
and  to  receive  and  discharge  passengers  at  the  reguli  r 
passenger  depots  situated  in  such  town  or  village. 

Penalty.  (2)  That  any  such  railroad  company  vlolatli  g 
the  provisions  of  this  Act  shall  be  liable  to  a  penal  y 
of  not  more  than  $100,  to  be  recovered  by  any  pers(  n 
aggrieved  thereby,  in  any  court  of  competent  jurisdictio  i. 

Remedy  cumulative.  (3)  That  nothing  herein  coi- 
tained  shall  bar  any  action  for  actual  or  punitive  damagi'S 
growing  out  of  any  violation  of  this  Act.  and  any  su<  h 
causes  of  action  may  be  united  in  the  same  complaint. 

Misdemeanor  to  drink  liquors  in  passenger  cars.  §  f  0. 
(1)  Any  person  or  persons  who  shall  publicly  engage  n 
the  drinking  of  intoxicating  liquors  in  the  presence  if 
passengers  on  any  passenger  car  in  the  State  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  1)6 
fined  not  less  than  $10  and  not  to  exceed  $50,  or  Ua^ 
prisoned  not  to  exceed  30  days ;  but  this  Act  shall  . 
apply  to  any  dining  or  buffet  car. 

(2)  It  shall  be  the  duty  of  all  railway  companies" 
have  posted  a  copy  of  this  Act  in  all  passenger  coaches 
used  for  transporting  passengers   within   the   State. 

(3)  This  section  shall  be  in  force  from  and  after  its 
approval. 

All  steam  railroads  to  equip  coaches  with  cinder  defter- 
tors.      1 81.      (1)    That   all    railroad   companies   operating 


3S  cm 


Public  Service  Laws 


122<) 


passenger  trains  or  coaches,  by  steam,  within  or  through 
this  State,  are  hereby  required  to  put  cinder  deflectors 
that  will,  in  the  judgment  of  the  railroad  commission, 
effectually  keep  cinders  from  engines  entering  the  cars, 
upon  ail  windows  of  passenger  coaches,  so  as  to  protect 
passengers  when  windows  are  raised. 

(2)  That  all  steam  railroads  operating  passenger 
trains  or  coaches  in  this  State  are  required  to  comply 
with  this  Act  on  or  by  July  1,  1908. 

Penalty.  (3)  That  any  railroad  company  refusing  or 
neglecting  to  comply  with  this  Act  shall  be  deemed  guilty 
of  a  misdemeancr,  and,  upon  conviction  thereof,  shall 
be  fined  in  the  sum  of  not  less  than  $500  nor  more  than 
J1,C00  for  each  coach  not  screened  as  required  by  this 
Act;  provided,  it  shall  be  the  duty  of  the  railroad  com- 
mission  to  see  that  this  Act  is  enforced. 

S!hort  lines.  (4)  This  section  shall  not  apply  to  rail 
roads   of  only   40   or   less  miles   in  length. 

Repeal.  (5)  All  Acts  or  parts  of  Acts  inconsistent  with 
this  Act  are  hereby  repealed. 

Approved  the  2d  day  of  March,  A.  D.  1909. 

DISCRIMINATION    AND    UNREASONABLE    CHARGES. 

Unreasonable  charges  and  penalty.  §  82.  If  any  railroad 
corporation  organized  or  doing  business  in  this  State 
under  the  Act  of  corporation  or  general  law  of  this  State 
now  of  force,  or  which  may  hereafter  be  enacted,  or  any 
railroad  corporation  organized  or  which  may  hereafter 
be  organized  under  the  laws  of  any  other  State,  and 
doing  business  in  this  State,  shall  charge,  collect,  de- 
mand or  receive  more  than  a  fair  and  reasonable  rate 
of  toll  or  compensation  for  transportation  of  passengers 
or  freight  of  any  description,  or  for  the  use  and  trans- 
portation of  any  railroad  car  upon  its  tracks,  or  any 
of  its  branches,  or  upon  any  railroad  within  this  State 
which  it  has  the  right,  license  or  permission  to  use, 
operate  or  control,  the  same  shall  be  deemed  guilty  of 
extortion,  and,  upon  conviction  thereof,  shall  be  fined 
in  a  sum  not  less  than  $100  nor  more  than  $1,000. 

Discrimination  in  rates  or  charges  and  penalty.  §  83. 
If  any  railroad  corporation,  as  aforesaid,  shall  make  any 
unjust  discrimination  in  its  rates  and  charges  of  toll 
as  compensation  for  transportation  of  passengers  or 
freights  of  any  description,  or  for  the  use  and  trans- 
portation of  any  railroad  car  upon  its  said  road  or  upon 
any  of  the  branches  thereof,  or  upon  any  railroads  con- 
nected therewith  which  it  has  the  right,  license  or  per- 
mission to  operate  or  control  within  this  State,  the 
same  shall  be  deemed  guilty  of  having  violated  the 
provisions  of  this  chapter,  and,  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  less  than  $100  nor  more 
than  $1,000. 

It  shall  be  unlawful  for  any  person  so  engaged  as 
aforesaid,  or  person  engaged  solely  in  the  shipment  or 
receiving  of  property,  directly  or  indirectly,  to  allow  or 
receive  any  rebate,  drawback  or  other  advantage,  in  any 
form,  upon  shipments  made  or  services  rendered  or 
received   by  them   as   aforesaid. 

Charges  must  be  in  proportion  to  distance.  §  84.  It  shall 
be  unlawful  for  any  such  person  or  persons  so  engaged  as 
aforesaid  to  charge,  collect  or  receive  for  the  transportation 
of  any  passenger  or  freight  of  any  description  upon  its 
railroad  for  any  distance  within  this  State  the  same  or 
a  greater  amount  of  toll  or  compensation  than  is  at  the 
same  time  charged,  collected  or  received  for  the  trans- 
portation of  any  passenger  of  the  same  class  or  like 
quantity  of  freight  of  the  same  class  over  a  greater 
distance  of  the  same  railroad;  or  to  charge,  collect  or 
receive  at  any  pcint  upon  its  railroad  a  higher  rate  of 
toll  or  compensation  for  receiving,  handling  or  delivering 
freight  of  the  same  class  and  quantity  than  it  shall  at 
the  same  time  charge,  collect  or  receive  at  any  point 
upon  the  same  railroad;  or  to  charge,  collect  or  receive 
for  transportation  of  any  passenger  or  freight  of  any 
description  over  its  railroad  a  greater  amount  as  toll 
or  compensation  than  shall  at  the  same  time  be  charged, 
collected  or  received  by  it  for  the  transportation  of  any 
passenger  of  the  same  class  or  like  quantity  of  freight 
of  the  same  class  being  transported  over  any  portion 
of  the  same  railroad  of  equal  distance;  or  to  charge, 
collect  or  receive  from  any  person  or  persons  a  higher 
or  greater  amount  of  toll  or  compensation  than  it  shall 


at  the  same  time  charge,  collect  or  receive  from  any 
other  person  or  persons  for  receiving,  handling  or  deliv- 
ing  freight  of  the  same  class  and  like  quantity  at  the 
same  time  upon  its  railroad;  or  to  charge,  collect  or 
receive  from  any  person  cr  persons  for  the  transporta- 
tion of  any  freight  upon  its  railroad  a  higher  or  greater  rate 
of  toll  or  compensation  than  it  shall  at  the  same  time 
charge,  collect  or  receive  from  any  person  or  persons  for 
the  transportation  of  a  like  quantity  of  freight  of  the  same 
class  being  transported  from  the  same  point  over  equal  dis- 
tances of  the  same  railroad;  or  to  charge,  collect  or  receive 
from  any  person  or  persons  for  the  use  and  transportation 
of  any  railroad  car  or  ears  upon  its  railroad  for  any 
distance  the  same  or  a  greater  amount  of  toll  or  com- 
pensation than  is  at  the  same  time  charged,  collected  or 
received  from  any  other  person  or  persons  for  the  use 
and  transportation  of  any  railroad  car  of  the  same  class 
or  number  for  a  like  purpose  being  transported  over  a 
greater  distance  of  the  same  railroad;  or  to  charge, 
collect  or  receive  from  any  person  cr  persons  for  the 
use  and  transportation  of  any  railroad  car  or  cars  upon 
its  railroad  a  higher  or  greater  rate  of  toll  or  compensa- 
tion than  it  shall  at  the  same  time  charge,  collect  or 
receive  from  any  other  person  or  persons  for  the  use 
and  transportation  of  any  railroad  car  or  cars  of  the 
same  class  or  number  for  a  like  purpose  being  trans- 
ported from  the  same  point  over  an  equal  distance  of 
the  same  railroad.  And  all  such  discriminating  rates, 
charges,  collections  or  receipts,  whether  made  directly  or 
by  means  cf  any  rebate,  drawback  or  other  shift  or 
evasion,  shall  be  deemed  and  taken  against  such  person 
or  persons  so  engaged  as  aforesaid  as  prima  facie  evi- 
dence of  the  unjust  discrimination  prohibited  by  the 
provisions  of  this  article. 

This  section  shall  not  be  construed  so  as  to  exclude 
other  evidence  tending  to  show  any  unjust  discrimination 
in  freight  and  passenger  rates.  The  provisions  of  this 
section  and  the  two  preceding  sections  shall  extend  and 
apply  to  any  railroad,  the  branches  thereof,  and  anj^ 
road  or  roads  which  any  such  person  or  persons  so 
engaged  as  aforesaid  has  the  right,  license  or  permission 
to  use,  operate  or  control  wholly  or  in  part  within  this 
State;  provided,  however,  that  nothing  herein  contained 
shall  be  so  construed  as  to  prevent  such  person  or  per- 
sons so  engaged  as  aforesaid  from  issuing  commutation, 
excursion  or  thousand-mile  tickets  as  the  same  are  now 
issued  by  such  corporations. 

Charges  for  short  hauls.  §  85.  It  shall  be  unlawful  for 
any  person  or  persons  engaged  in  the  transportation  of 
property  as  provided  in  §  2083  of  this  chapter  to  charge 
cr  receive  any  greater  compensation  for  carrying,  receiv- 
ing, storing,  forwarding  or  handling  articles  of  the  same 
character  and  description  for  a  shorter  than  a  longer 
distance  in  one  continuous  carriage;  and  the  road  of  a 
corporation  shall  include  all  the  road  in  use  by  such 
corporation,  whether  owned  or  operated  under  a  contract 
or  lease  by  such  corporation;  provided,  that  nothing  in 
this  chapter  contained  shall  be  construed  so  as  to  require 
any  corporation  or  combination  of  corporations  to  regu- 
late their  charges  for  shorter  distances  by  their  propor- 
tion of  through  rates  between  terminal  or  junctional  com- 
petitive points;  provided,  further,  that  if  one  corporation 
should  use,  operate  or  otherwise  control,  wholly  or  in 
part,  several  lines  or  divisions  of  hitherto  independent 
railroads  within  this  State,  that  the  commission  may.  In 
their  discretion,  conjointly  with  the  said  corporations,  fix 
different  rates  of  toll  or  compensation  for  freight  traffic 
on  each  of  said  hitherto  independent  lines  or  divisions; 
provided,  further,  that  the  railroad  commission,  con- 
jointly with  the  railroad  companies,  shall  have  authority 
to  make  special  rates  for  the  purpose  of  developing  all 
manufacturing,  mining,  milling  and  internal  Improvements 
In  this  State. 

Exceptions  as  to  uniformity  in  charges.  §  86.  Nothing 
In  this  chapter  shall  apply  to  the  carriage,  receiving, 
storing,  handling,  or  forwarding  of  property  carried  for 
the  United  States,  or  any  State  thereof,  at  lower  rates 
of  freight  and  charges  than  for  the  general  public,  or  to 
the  transportation  of  articles  free,  or  at  reduced  rates  of 
freight,  for  charitable  purposes,  or  to  or  from  public  fairs 
and  expositions  for  exhibition. 

Continuous  or  part  continuous  carriage  on  one  or  more 


1230 


National  Association  of  Railway  Commissioners 


roads.  §  87.  Each  and  all  of  the  provisions  of  this  chapter 
shall  apply  to  all  property,  and  the  receiving,  delivery, 
loading,  unloading,  handling,  storing,  or  carriage  of  the 
same  on  one  actually  or  substantially  continuous  carriage, 
or  as  part  of  such  continuous  carriage,  as  provided  for  in 
§  2083  of  this  chapter;  and  the  compensation  therefor, 
whether  such  property  be  carried  wholly  on  one  railroad 
or  partly  on  several  railroads,  and  whether  such  services 
are  performed  or  compensation  paid  by  or  to  one  person 
alone  or  in  connection  with  another  or  other  persons. 

Consignee  entitled  to  itemized  statement  of  all  charges. 
§  88.  Whenever  any  article  or  articles  of  freight  shall  be 
shipped  to  any  point  within  the  limits  of  this  State,  whether 
shipped  from  a  point  beyond  the  limits  of  this  State  or  not, 
it  shall  and  may  be  lawful  for  the  consignee  or  consignees 
of  said  articles  to  demand  and  receive  from  the  agent  or 
agents  of  the  railroad  company  delivering  the  same,  and 
before  the  payment  of  any  charges  upon  the  same,  a  full 
and  correct  statement  of  said  charges,  the  class  or  classes 
to  which  each  and  every  one  of  the  articles  belong,  the 
rates  of  freight  charged  for  each  class,  and  showing  the 
total  amount  to  be  paid  by  said  consignee  or  consignees, 
together  with  the  proportion  of  the  same  to  be  paid  to 
each  road  over  which,  or  any  part  of  which,  said  freight 
may  have  passed,  whether  such  road  be  beyond  the  limits 
of  this  State  or  not;  provided,  that  should  such  itemized 
statement  not  to  be  incorporated  in  the  waybills,  the  agent 
or  agents  shall  deliver  the  articles  on  the  payment  of 
freight  and  procure  as  soon  as  possible  such  required  items 
when  demanded.  If  any  errors  should  then  appear,  the 
same  shall  be  immediately  collected  by  such  agent  or 
agents. 

Consignee  may  require  settlement — Penalty.  §  89.  In 
all  cases  the  railroad  company  delivering  freights  to  con- 
signees shall  be  required  to  settle  their  freight  charges  ac- 
cording to  the  contract  as  set  forth  in  the  bill  of  lading 
from  the  shipping  point,  and  they  are  hereby  forbidden  to 
retain  the  article  of  freight  after  the  consignee  offers  and 
Is  ready  and  willing  to  comply  with  the  terms  of  said  bill 
of  lading.    See  Acts,  1903,  No.  50. 

Classification  of  cotton.  §  90.  All  cotton  packed  in 
bales  transported  by  common  carriers  within  the  limits  of 
this  State  shall  be  classed  as  "heavy  goods" — that  is  to 
say,  an  article  to  be  weighed,  and  charged  for  and  treated 
accordingly;  provided,  that  any  common  carrier,  before 
receiving  such  cotton  for  shipment,  shall  have  the  right  to 
demand  from  the  shipper  the  weights  of  the  several  bales 
thereof,  and  to  adopt  the  same  as  the  weights  upon  which 
freight  is  to  be  charged;  and  in  case  of  loss,  no  recovery 
shall  be  had  by  any  shipper  for  a  greater  amount  than  the 
weights  so  furnished  by  him. 

Connecting  railroads  not  to  discriminate.  §  91.  It  shall 
not  be  lawful  for  any  railroad  company  chartered  by  this 
State  to  discriminate  against  any  railroad  company  which 
may  connect  with  it,  either  at  one  of  its  terminal  stations 
or  at  any  intermediate  point  on  its  line  where  said  com- 
panies have  stations  and  agents  established,  by  neglecting 
or  refusing  to  deliver  with  due  diligence  to  said  connecting 
road,  in  the  yard  or  on  the  track  of  the  same,  all  cars 
wholly  or  partly  loaded  with  freight  consigned  to  points 
on  said  connecting  road,  or  to  points  beyond  its  line;  but 
In  all  cases  where  freight  is  to  be  delivered  to  a  connect- 
ing road  to  complete  its  transportation,  such  delivery  shall 
be  made  by  the  railroad  which  brought  the  freight  to  the 
connecting  point  and  no  additional  charge  shall  be  made 
therefor;  provided,  however,  that  said  delivering  road  may 
demand  of  its  connections  payment  of  all  charges  which 
have  accrued  thereon,  on  or  before  delivery  of  said,  freight 
on  the  tracks  or  in  the  yards  of  its  connecting  road. 

Discrimination  as  to  freight.  §  92.  It  shall  not  be  law- 
ful for  any  railroad  company,  chartered  by  this  State,  to 
discriminate  in  favor  of  or  against  any  railroad  company 
which  may  connect  with  It,  either  at  one  of  its  terminal 
stations  or  at  an  intermediate  point  on  its  line  where  said 
companies  have  stations  and  agents  established,  as  against 
any  other  railroad  company  which  may  connect  with  it, 
at  the  same  station  or  point,  by  refusing  Either  to  receive 
freight  for  shipment  or  to  issue  through  bills  of  lading 
at  equal  rates  of  freight  for  the  same,  to  any  one  given 
destination  reached  by  any  or  all  of  such  connecting  roads 
or  their  connections,  for  which  freight  is  received,  or 
through  bills  of  lading  are  issued,  to  be  forwarded  by  any 


other  of  such  connecting  roads  at  the  same  point:  Pro- 
vided, however,  if  any  of  said  connections  shall  refuse  to 
transport  freight  from  its  own  terminus  to  the  ultimate 
destination  of  said  freight  at  the  same  rate  as  is  charged 
by  any  other  connections  at  the  same  point,  then  the  initial 
road  shall  be  released  from  the  provisions  of  this  section, 
and  the  said  connecting  road  shall  not  be  entitled  to  the 
benefit  of  its  provisions. 

Discrimination  as  to  rate.  §  93.  It  shall  not  be  lawful 
for  any  railroad  company,  chartered  by  this  State,  to  dis- 
criminate in  its  rates  of  freight  in  favor  of  or  against  any 
railroad  company  which  may  connect  with  it,  either  at  one 
of  its  terminal  stations  or  at  any  intermediate  point  on  its 
line;  but  in  all  cases  the  charges  on  freight  of  the  same 
character,  having  the  same  original  point  of  shipment  and 
the  same  destination,  shall  be  uniform  to  and  from  all 
lines  making  connection  with  the  said  railroad  at  the  same 
point. 

Construction  of  term  railroad  company.  §  94.  In  the 
construction  of  the  three  preceding  sections,  the  term  rail- 
road company  chartered  by  this  State  shall  be  held  to 
mean  each  railroad  company  holding  its  franchise  under 
a  separate  charter  granted  by  this  State;  and  no  owner- 
ship or  shares  of  the  capital  stock  of  one  corporation  ty 
another  corporation,  nor  any  lease,  contract  or  other  agre^a- 
ment  between  corporations  or  individuals,  shall  operate  as 
a  bar  to  the  provisions  of  this  chapter,  but  each  corporaticn 
so  chartered  shall  deal  with  all  its  connections  at  any  one 
point  on  the  same  terms,  and  shall  afford  the  like  usui.l 
facilities  for  the  interchange  of  freight  between  all  of  its 
connections  at  the  same  point;  and  any  contract,  combina- 
tion, joint  ownership  or  joint  management  contrary  to  the 
provisions  of  this  article  shall  be  null,  void  and  of  no  effec  . 

Railroads  to  switch  cars  from  other  roads — Rebate!. 
§95.  All  railroad  companies  in  this  State  shall,  at  the 
terminus  of  any  intermediate  station,  be  required  to  switc  i 
off  and  deliver  to  the  connecting  road  having  the  sam  s 
gauge,  in  the  yard  of  the  latter,  all  cars  passing  over  their 
lines,  or  any  portion  of  the  same,  containing  goods  o* 
freights  consigned,  without  rebate  or  deception,  by  an  • 
route,  at  the  option  of  the  shipper,  according  to  customar  ■ 
or  published  rates,  to  any  point  over  or  beyond  such  cot  - 
necting  road;  and  any  failure  to  do  so,  with  reasonabl  '. 
diligence,  shall  render  the  railroad  company  so  failin ; 
liable  to  the  owner  or  consignee  for  all  damages  that  ma; ' 
result  therefrom,  with  interest  and  all  costs  and  disbursi  • 
ments.  Should  the  defendant  in  any  suit  brought  unde 
this  section  set  up  as  a  defense  that  the  plaintiff  has  a(  - 
cepted  a  rebate,  or  practiced  fraud  or  deception  touchin  ; 
the  rate,  it  shall  be  a  complete  reply  to  such  defense  If  th  i 
plaintiff  can  prove  that  defendant  or  its  agents  has  allowed  1 
a  rebate  or  rebates,  or  practiced  like  fraud  or  deceptloi  , 
from  the  same  competing  points  against  the  rival  line. 

Railroads  to  receive  cars  from  connecting  lines.  §  9( . 
All  railroad  corporations  organized  or  doing  business  in 
this  State  under  the  Act  of  corporation  or  general  law  Of 
this  State  now  of  force  or  which  may  hereafter  be  enacted , 
and  all  railroad  corporations  organized  or  which  may  b  i 
hereafter  organized  under  the  laws  of  any  other  State  anil 
doing  business  in  this  State,  shall  be  compelled  to  receiv* , 
deliver  to  and  handle  at  each  of  their  junctions  or  terminal 
points  in  this  State  all  cars  or  trains  of  a  connecting  lin  s 
bound  to  or  from  any  point  upon  its  own  line  or  beyon(  . 
upon  the  same  terms  and  same  charges,  either  by  way  of 
trackage  or  by  way  of  its  proportion  of  the  entire  rat ; 
charged  upon  said  cars,  trains  or  freight,  that  it  charge i 
or  demands  either  under  the  law  or  by  contract  or  agret- 
ment  with  any  other  railroad  connecting  with  it  at  salil 
junction  or  terminal  point  where  it  performs  the  same  or 
similar  service  for  each  of  said  railroads,  and  shall  furnisli 
the  same  facilities  to  each  of  said  railroads. 

Must  recognize  through  bills  of  lading.  §97.  No  rail- 
road doing  business  in  this  State  shall  be  allowed  to  r«-  ' 
fuse  to  issue  or  recognize  a  through  bill  of  lading  be- 
tween competitive  points  when  issued  over  or  by  one  ral- 
road  with  which  it  connects,  unless  it  issues  and  recof.- 
nizes  the  same  where  goods  are  shipped  to  or  from  said 
points  over  any  other  competitive  railroad  with  which 
it  connects  reaching  said  point,  and  that  the  said  rail- 
road shall  not  charge  nor  receive  for  said  goods  passing 
over  its  lines,  either  by  law  of  local  freight,  or  a  division 
of  a  through  freight  rate,  a  greater  sum  when  said  goods 


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1231 


are  shipped  by  or  over  one  line  of  railroad  with  which 
it  connects  than  it  would  charge  or  receive  when  said 
goods  are  shipped  by  or  over  any  other  line  of  railroad 
with  which  it  connects;  provided,  however,  that  nothing 
herein  contained  shall  prevent  any  such  railroad  from 
demanding  pr.yment  of  its  charges  in  advance  of  perform- 
ing said  service  of  carrying  said  goods,  or  from  limiting 
its  liability  to  losses  or  damage  to  said  freight  upon  its 
own  line  by  a  clause  inserted  in  said  bill  of  lading. 

Facilities  for  receiving  and  forwarding  freight  to  he 
furnished,  §  98.  Every  railroad  company  doing  business  in 
this  State  working  railways  which  form  part  of  a  con- 
tinuous line  of  railway  communication  shall  afford  all 
due  and  reasonable  facilities  for  receiving  and  forward- 
ing by  one  of  such  railways  all  the  traflic,  freight  or  pas- 
sengers ai'riving  by  the  other,  without  any  unreasonable 
delay  and  without  any  preference  or  advantage,  or  preju- 
dice or  disadvantage,  and  so  that  no  obstruction  may  be 
offered  to  the  public  desirous  of  using  such  railways  as 
continuous  line  of  communication,  and  fo  that  all  reason- 
able accommodation  may,  by  means  of  the  railways  of 
the  several  companies,  be  at  all  times  afforded  to  the 
public  in  that  behalf. 

The  above-mentioned  facilities  and  benefits  shall  be 
afforded  as  well  to  other  railroads  as  to  the  public. 

Shipper  to  have  right  to  designate  route.  §  99.  All  per- 
tons  shipping  from,  into,  within  or  through  this  State 
shall  have  the  right  to  designate  the  route  or  routes  by 
which  said  goods  shall  be  shipped,  and  that  it  shall  be 
unlawful  for  any  corporation  or  person  other  than  the 
holder  of  the  bill  of  lading  to  vary  said  routing  so  desig- 
nated, or  to  ship  the  same  by  any  other  route,  or  to 
receive  said  goods  if  so  diverted,  unless  the  route  so 
designated  shall  be  interrupted  or  incapable  of  being 
used  at  the  time  by  strike  or  casualty,  preventing  the 
running  of  trains  thereof. 

Penalty  for  violations.  §  100.  Any  transportation  com- 
pany violating  the  provisions  of  any  of  the  §§  2102,  2103, 
2104  and  2105,  wilfully  or  knowingly,  shall  be  subject  to 
a  suit  for  each  violation  thereof  at  the  instance  of  any 
person  or  owner  of  goods,  or  other  persons  or  corpora- 
tions, and  upon  proof  of  such  violation  the  said  party 
Instituting  the  same  shall  be  entitled  to  recover  a  pen- 
alty of  $500  for  such  violation.  Each  violation  of  said 
section   shall   constitute   a   separate   cause  of  action. 

Railroads  to  interchange  freights.  §  101.  It  shall  be 
unlawful  for  any  railroad  chartered  or  operated  in  this 
State  to  refuse  to  pay  any  carrier  on  traffic  delivered 
at  any  of  the  terminal  or  junction  points  such  freight 
charges  as  may  have  accrued  from  original  p^iint  of  ship- 
ment to  the  terminal  or  junction  points,  wherever  de- 
livery may  be  made,  and  to  which  at  current  rates  the 
carrier  making  such  delivery  and  previous  carriers  inter- 
ested may  be  justly  entitled  whenever  the  same  may 
be  collected  by  the  road  making  the  delivery  to  con- 
signee; provided,  that  the  total  amount  of  freight  charges 
does  not  exceed  any  amount  equal  to  one-half  the  market 
value  of  the  property  involved;  and  also  provided,  that 
this  does  not  apply  on  property  which,  from  its  nature, 
is  classed  as  "prepaid  freight,"  or  which  may  be  des- 
tined for  points  designated  and  conducted  as  prepaid 
stations,  of  which  due  public  notice  has  been  given;  pro- 
vided, further,  that  such  carriers  shall  afford  to  such 
railroad  company  or  companies  making  the  delivery  to 
the  consignee  the  same  advantages  and  facilities,  in  the 
handling  and  interchange  of  business,  that  it  affords  any 
other  railroad  at  the  same  point. 

Facilities  for  interchange  to  be  furnished.  §  102.  Every 
railroad  subject  to  this  article  shall  afford  all  reasonable, 
proper  and  equal  facilities  for  the  interchange  of  traffic 
between  its  own  road  and  other  carriers,  whether  at 
terminal  or  junction  points,  for  the  receiving,  forwarding 
and  delivering  of  freight  and  passengers  to  and  from 
points  on  its  line  or  lines  beyond,  and  shall  not  discrim- 
inate in  its  rates  or  charges  between  or  against  any 
such  connecting  carriers. 

Duplicate  receipts.  §  103.  All  railroad  companies  in 
this  State  shall  on  demand  issue  duplicate  freight  re- 
ceipts to  shippers,  in  which  shall  be  stated  the  class  or 
classes  of  freights  shipped,  the  freight  charges  over  the 
road  giving  the  receipt,  and,  so  far  as  practicable, 
shall      state     the     freight     charges     over     other     roads 


that  carry  such  freight.  When  the  consignee  presents 
the  railroad  receipt  to  the  agent  of  the  railroad  that  de- 
livers such  freight,  such  agent  shall  deliver  the  articles 
shipped  on  payment  of  the  rate  charged  for  the  class 
of  freights  mentioned  in  the  receipt.  If  any  railroad 
company  shall  violate  the  provisions  of  this  article, 
such  railroad  company  shall  incur  a  penalty  to  be  fixed 
and   collected   as   provided  in   §  2116. 

I'KEVENTIO.N    OF    .\CCinEXTS    A.\I>    RESI-ONSIHILITY    THEBEFOB. 

Brakes  to  be  attached  to  all  cars.  §  104.  Every  railroad 
corporation  shall  cause  a  good  and  sufficient  brake  to 
be  attached  to  every  car  used  upon  its  railroad  for  the 
transportation  of  passengers,  and  to  every  car  used  for 
the  transportation  of  freight,  except  four-wheeled  freight 
cars  used  only  for  that  purpose;  and  shall  cause  to 
be  stationed  on  every  passenger  train  trusty  and  skilful 
brakemen,.  equal  in  number  at  least  to  one  for  every 
two  cars  in  the  train,  except  oh  passenger  trains,  where 
power  brakes  are  used,  and  one  such  brakeman  upon  the 
last  car  of  every  freight  train,  which  must  always  be 
equipped  with  a  good  and  sufficient  brake. 

Trains  to  be  equipped  ivith  tools.  §  105.  Every  railroad 
corporation  shall  equip  each  of  its  trains,  for  use  in 
case  of  accident,  with  such  tools  and  appliances  as  the 
railroad    commissioners   may   direct. 

Lighting  cars.  §  106.  No  passenger  cars  on  any  rail- 
road shall  be  lighted  by  naphtha,  or  by  an  illuminating 
oil  or  fluid,  made  in  part  of  naphtha,  or  wholly  or  in  part 
from  coal  or  petroleum,  or  other  substance  or  material 
which  will  ignite  at  a  temperature  of  less  than  300 
degrees  Fahrenheit,  And  all  stoves  shall  be  securely 
fastened  to  their  places.  Any  railroad  corporation  which 
violates  the  provisions  of  this  section  shall  forfeit  a 
sum  not  exceeding  $500. 

Penalty.  §107.  In  forming  a  passenger  train,  baggage 
or  freight  or  merchandise  or  lumber  cars  shall  not  be 
placed  in  rear  of  passenger  cars. 

Crossing  other  tracks,  when  to  stop.  §  108.  Whenever 
any  railroad  crosses  the  track  of  any  other  railroad,  ex- 
cept where  interlocking  and  signaling  safety  devices  are 
in  use,  it  shall  be  the  duty  of  the  engineer,  or  person  in 
control  of  the  train,  besides  giving  the  signals  required 
to  be  given  near  all  crossings,  to  bring  the  train  to 
a  full  or  complete  stop  before  crossing  the  said  track, 
the  same  rule  to  apply  to  the  running  of  a  locomotive 
by    Itself    without    a    train. 

Signals  at  crossings.  §  109.  A  bell  of  at  least  30  pounds 
weight  and  a  steam  whistle  shall  be  placed  on  each 
locomotive  engine,  and  such  bell  shall  be  rung,  or  such 
vvhistle  sounded,  by  the  engineer  or  fireman,  at  the 
distance  of  at  least  500  yards  from  the  place  where  the 
railroad  crosses  any  public  highway  or  street  or  traveled 
place,  and  be  kept  ringing  or  whistling  until  the  engine 
has  crossed  such  highway  or  street  or  traveled  place; 
and  if  si.ch  engine  or  cars  shall  be  at  a  standstill, 
within  a  less  distance  than  100  rods  of  such  crossing, 
such  bell  shall  be  rung,  or  such  whistle  sounded,  for  at 
least  SO  seconds  before  such  engine  shall  be  moved; 
and  shall  be  kept  ringing  or  sounding  until  such  engine 
shall  have  crossed  such  public  highway  or  street  or  trav- 
eled  place. 

Sign  at  crossing.  §  110.  Every  railroad  corporation 
shall  cause  signs  to  be  placed,  and  constantly  maintained, 
alongside  of  each  public  road  or  street  where  the  same 
is  crossed  by  the  railroad  on  the  same  level.  Said  sign 
shall  be  elevated  so  as  to  be  easily  seen  by  travelers,  and 
on  each  side  of  the  same  shall  be  printed  in  large  letters 
the  words  "Railroad  Crossing."  But  this  section  shall  not 
apply  to  streets  in  cities,  towns  and  villages  unless  the 
corporation  be  required  to  put  up  such  sign  by  the  officers 
having  charge  of  such  streets. 

Passenger  trains  to  stop  at  stations.  §  111.  Every  rail- 
road company  in  this  State  shall  cause  all  its  trains  of 
cars  for  passengers  to  entirely  stop  upon  each  arrival  at 
a  station,  advertised  by  such  company  as  a  station  for  re- 
ceiving passengers  upon  such  trains,  for  a  time  sufficient 
to  receive  and  let  oft  passengers. 

County  supervisors  to  examine  crossings.  §  112.  The 
county  supervisors  of  the  respective  counties  in  this  State 
shall  hereafter,  at  least  once  In  every  year,  examine  all 


1232 


National  Association  op  Railway  Commissionebs 


the  railroad  crossings  of  the  public  highways  in  this  State 
outside  of  the  corporate  limits  of  cities,  towns  and  villages; 
and  if  they  find  that  any  of  the  said  crossings,  within  the 
right  of  way  of  any  railroad  company,  are  unsafe  as  to  the 
lives  of  persons,  or  as  to  the  protection  of  property,  they 
shall  forthwith  give  written  notice  thereof  to  any  officer 
or  agent  of  the  railroad  within  said  county. 

Power  as  to  unsafe  crossings.  §  113.  Said  county  super- 
visors, in  said  notices,  shall  point  out  the  location  of  the 
crossings  considered  by  them  unsafe,  and  shall  indicate 
how  and  in  what  manner  such  crossing  shall  be  constructed 
so  as  to  secure  safety;  and  shall  have  power  to  require 
such  construction  to  be  made  within  60  days. 

County  supervisors  to  report  examinations — Compensa- 
tion of  engineer.  §  114.  The  county  supervisor  shall  make 
a  report  of  his  yearly  examination  to  the  clerk  of  the 
court  of  common  pleas  for  such  county,  which  is  to  be  laid 
before  the  said  court,  together  with  a  copy  of  'all  notices 
given  by  them  as  aforesaid;  and  they  shall  be  allowed 
compensation  by  the  county  for  any  services  rendered 
under  this  chapter,  at  the  same  rate  per  day  as  is  now 
provided  for  other  services  rendered  by  them;  and  the 
said  civil  engineer,  appointed  as  aforesaid,  shall  also  be 
paid  a  reasonable  compensation  for  his  services  by  the 
said  county,  if  the  recommendations  of  such  county  super- 
visor are  not  in  whole  or  in  part  adopted;  but  if  such 
recomrhendations  be  so  adopted,  then  the  railroad  com- 
pany shall   pay  the  compensation  of  such   engineer. 

To  keep  record  of  duties  performed.  §  115.  The  county 
supervisor  shall  keep  a  record  of  the  duties  performed, 
and  copies  of  notices  served  under  the  provisions  of  this 
chapter,  which  shall  become  a  part  of  the  records  of  his 
office. 

Signboards,  duty  of  supervisors.  §  116.  It  shall  be  the 
especial  duty  of  the  county  supervisors  to  see  that  sign- 
boards, as  prescribed  in  this  chapter,  are  at  all  times  prop- 
erly put  up  at  railroad  crossings. 

Penalty  for  neglect  of  duty.  §  117.  If  any  of  the  county 
supervisors  neglect  or  fail  to  comply  with  any  of  the  pro- 
visions of  this  chapter  applicable  to  county  supervisors,  the 
county  supervisor  so  offending  shall  be  liable  to  be  indicted 
for  neglect  of  duty,  and,  on  conviction,  fined  in  a  sum 
not  less  than  $100  nor  more  than  $500,  and  as  a  part  of  the 
judgment  his  office  shall  be  declared  vacant. 

Railroads  to  maintain  bridges,  etc.  §  118.  Every  rail 
road  corporation  shall,  at  its  own  expense,  construct,  and 
afterwards  maintain  and  keep  in  repair,  all  bridges,  with 
their  approaches  or  abutments,  which  it  is  authorized  or 
required  to  construct  over  or  under  any  turnpike  road, 
canal,  highway,  or  other  way;  and  any  city  or  town  may 
recover  of  the  railroad  corporation  whose  road  crosses  a 
highway  or  town  way  therein,  all  damages,  charges  and 
expenses  incurred  by  such  city  or  town  by  reason  of  the 
neglect  or  refusal  of  the  corporation  to  erect  or  keep  In 
repair  all  structures  required  or  necessary  at  such  cross- 
ing; but  if,  after  the  laying  out  and  making  of  a  railroad, 
the  county  commissioners  have  authorized  a  turnpike, 
highway,  or  other  way,  to  be  laid  out  across  the  railroad, 
all  expenses  of  and  incident  to  constructing  and  maintain- 
ing the  turnpike  or  way  at  such  crossing  shall  be  borne 
by  the  turnpike  corporation,  or  the  county,  city,  town  or 
other  owner  of  the  same. 

Transportation  of  explosive  compounds.  §  119.  No  rail- 
road corporation,  or  other  association,  copartnership,  person 
or  persons,  engaged  in  the  transportation  of  passengers 
within  this  State,  shall  knowingly  transport  within  the  ter- 
ritorial limits  of  this  State,  or  transport  into  such  limits 
for  sale,  storage,  or  use  therein,  any  explosive  compound 
In  quantities  exceeding  the  amounts  hereinafter  provided 
for,  in  any  vehicle  containing  passengers,  or  in  any  vehicle 
attached  to  any  railroad  train  or  vehicle  conveying  pas- 
sengers, nor  in  any  case,  unless  the  said  explosive  com- 
pounds be  plainly  and  legibly  marked  with  the  names  of 
«uch  compounds,  and  the  words  "Explosive — Dangerous." 
It  shall  be  the  duty  of  the  railroad  commissioners,  from 
time  to  time,  to  make  rules  fixing  the  maximum  amounts 
of  various  explosive  compounds  which  may  be  so  carried 
In  any  public  vehicle,  or  in  a  railroad  train  containing 
passengers,  or  in  a  vehicle  attached  to  such  train.  The 
said  rules  shall  also  define  the  method  of  packing  such 
compounds  to  ensure  the  greatest  safety,  and  shall  pre- 


scribe how  the  same  shall  be  carried  as  freight  on  railroads, 
steamboats,  and  by  common  carriers. 

Explosive  compound  to  be  packed  and  marked.  §  120. 
No  person  shall  deliver  for  transportation  to  any  railroad 
corporation,  street  railway  company,  or  other  association, 
copartnership,  persons  or  person  engaged  in  the  transporta- 
tion of  passengers  within  this  State,  or  take  or  place  upon 
or  in  any  car,  boat,  or  other  vehicle  of  any  such  corpora- 
tion, company,  association,  copartnership,  or  person,  with 
intent  that  the  same  shall  be  carried  or  transported  on 
such  car,  boat,  or  other  vehicle,  any  explosive  compound 
mentioned  in  this  chapter,  unless  the  same  is  packed  and 
marked  as  herein  provided,  and  notice  of  the  dangerous 
nsrture  thereof  is  expressly  given  to  the  agent,  servant  or 
person,  to  whom  it  is  delivered,  or  to  the  agent,  servant 
or  person  having  at  the  time  the  management  and  control 
of  the  car,  boat,  or  other  vehicle  in  or  upon  which  the 
same  is  to  be  carried  or  transported.  And  any  common 
carrier  may  decline  to  receive  to  transport  any  such  ex- 
plosive compound  in  any  manner  whatever. 

Penalty  for  violation  of  rules.  §  121.  Whoever  know- 
ingly violates  or  knowingly  causes  or  permits  the  violaticn 
of  any  provisions  of  the  two  preceding  sections  (2150,  2151), 
or  knowingly  transports  or  causes  or  permits  the  transpor- 
tation of  any  explosive  compound,  in  any  manner  other 
than  in  conformity  with  the  rules  made  by  the  railroad 
commissioners,  shall  be  punished  by  a  fine  of'  not  less 
than  $50  nor  more  than  $5,000,  or  by  imprisonment  in  the 
State  prison  not  exceeding  five  years. 

Magistrate  may  issue  search  warrants,  etc.  §  122.  Upon 
complaint  made  under  oath  to  a  magistrate,  that  the  coni- 
plainant  has  probable  cause  to  believe,  and  does  believi!, 
that  an  explosive  compound  is  had,  kept,  or  to  be  found, 
in  any  city,  town,  or  other  place  within  the  jurisdiction  cf 
such  magistrate,  by  any  railroad  corporation,  contrary  tJ 
law,  a  warrant  may  issue,  directed  to  the  sheriff  of  the 
county,  or  his  deputy,  or  to  any  constable  of  such  city  or 
town,  commanding  him  to  enter  any  building,  vehicli , 
ship,  or  other  vessel  specified  in  the  warrant,  and  ther » 
make  diligent  search  for  and  seize  such  explosive  con  - 
pound,  and  to  make  return  of  his  doings  to  said  ma 
trate  forthwith. 

Forfeited,  when  seized.  §  123.  Any  explosive  compos 
had,  kept,  or  transported  contrary  to  the  provisions  of  thl ; 
chapter,  and  seized  under  the  preceding  section,  may  b  ; 
adjudged  forfeited  after  due  notice  and  hearing,  and  ma  ■ 
be  ordered  to  be  destroyed  in  such  manner  as  the  couf. 
or  magistrate  may  direct.  9  ■ 

Damage  for  injury  by.  §124.  Any  person  who  st^l 
suffer  Injury  by  the  explosion  of  any  explosive  compount , 
while  the  same  is  being  kept  or  transported  contrary  to  th  i 
provisions  of  this  chapter,  or  the  ordinances,  rules,  or  bj  - 
laws  made  in  conformity  to  it,  may  recover  damages  fo  ■ 
the  injury  thus  sustained,  in  an  action  against  the  parties 
so  violating  the  provisions  of  this  chapter,  or  the  ordi- 
nances, rules,  or  by-laws  made  in  conformity  herewith. 

Explosive  compound  defined.  §  125.  By  the  words  "exph  - 
sive  compound,"  as  used  in  this  chapter,  shall  be  undei- 
Etood  gun-cotton,  nitro-glycerine,  or  any  other  compouml 
of  the  same;  any  fulminate,  or,  generally,  any  substance 
intended  to  be  used,  by  exploding  or  igniting  the  samt. 
to  produce  a  force  to  propel  missiles  or  to  rend  aptg;, 
substances,  except  gunpowder. 

Certain  cars  not  to  be  left  near  crossings.  §  126.  (1)^ 
shall  be  unlawful  for  any  railroad  section  master  or  an;' 
person  in  charge  of  or  connected  with  any  hand  car  or 
lever  car  to  remove  same  from  any  railroad  track  ami 
continue  same  stationary  within  fifty  yards  of  any  publi: 
crossing  other  than  at  any  regular  railroad  section  house; 
except  when  necessary  to  avoid  an  approaching  train,  or 
when  in  charge  of  employes  engaged  in  actual  work  upon 
such  crossing,  and  then  only  for  such  a  period  as  is  necet- 
sary  to  avoid  such  train  or  to  perform  such  work. 

Penalty.     (2)    Any  person  violating  the   provisions^ 
this  Act  shall  upon  conviction  be  fined  not  exceeding 
or  be  imprisoned  not  exceeding  30  days. 

JAability  for  damages.  (3)  That  any  railroad  company 
shall  be  liable  for  damages  for  any  horse  frightened  by 
reason  of  its  employes  violating  the  provisions  of  §  1  of 
this  Act. 

Misdemeanor  to  place  any  explosives  on  railroad  rails. 


OOoirfl 


necet- 

ionsvH 
Ing  iS^ 


Public  Service  Laavs 


1233 


§  127.  From  and  after  the  approval  of  this  Act  by  the 
governor,  it  shall  be  unlawful  for  any  unauthorized  person 
or  persons  to  place  any  explosive  substance  whatever  upon 
the  rail  of  any  railroad,  whether  operated  by  steam,  elec- 
tricity or  otherwise,  in  this  State,  and  any  person  or  per- 
sons who  violates  the  provisions  of  this  Act,  or  aids  or  as- 
sists therein,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  sentenced  to  pay  i 
fine  of  not  more  than  $100,  or  imprisonment  not  exceeding 
30  days,  in  the  discretion  of  the  court  or  magistrate. 

CLAIMS,    LOSS    AND    DAMAGK. 

Company  must  give  receipt  upon  request.  §  128.  When- 
ever any  person  delivers  to  a  railroad  corporation  for 
transportation  any  commodity  not  extra-hazardous  in  its 
character,  such  corporation  shall  give  to  the  shipper 
thereof,  if  requested  at  the  time  of  the  delivery  of  such 
commodity,  a  receipt  for  the  same,  describing  such  com- 
modity, or  the  marks  and  numbers  on  packages  so  received 
for  transportation,  and  no  additional  charge  shall  be  made 
for  giving  such  receipt.  Any  railroad  corporation  which 
refuses  to  give  such  receipt  shall  pay  to  the  person  entitled 
to  the  same  the  sum  of  $50,  to  be  recovered  in  an  action 
In  any  court  of  competent  jurisdiction. 

Liability  for  loss  or  damage  as  beticeen  connecting  roads 
— Hoio  discharged.  etc.^Proviso.  §  129.  In  case  of  the  loss 
of  or  damage  to  any  article  or  articles  delivered  to  any 
railroad  corporation  for  transportation  over  its  own  and 
connecting  roads,  the  Initial  corporation,  or  corporation 
first  receiving  the  same,  shall,  in  every  case,  be  liable 
for  such  loss  or  damage,  but  may  discharge  itself  from 
such  liability  by  the  production  of  a  receipt,  in  writing,  for 
the  said  article  or  articles  from  the  corporation  to  whom 
It  was  its  duty  to  deliver  such  article  or  articles  in  the 
regular  course  of  transportation.  In  which  event,  the  said 
connecting  road  or  roads  shall  be  severally  so  liable,  but 
may  in  succession  and  in  like  manner  discharge  them- 
selves respectively  therefrom;  but  if  any  such  corporation 
shall  wilfully  fail  or  refuse,  upon  reasonable  demand  being 
made  to  it  by  any  party  interested  in  the  production  of 
such  receipt,  to  produce  the  same,  then  it  shall  not  be 
entitled  to  claim  the  benefit  of  such  exemption  in  any 
action  against  the  said  railroad  corporation  to  render  it 
liable  for  such  loss  or  damage. 

Measure  of  damages  for  conversion  of  property  by  com- 
mon carrier.  §  130.  If  any  common  carrier  shall  convert 
and  appropriate  to  its  own  use  any  property  of  another 
held  by  it  on  consignment  or  in  course  of  transportation, 
It  shall  be  liable  to  the  consignee  or  other  owner  of  such 
property,  not  only  for  the  value  of  such  property,  but  an 
additional  amount,  as  a  penalty  for  such  conversion,  equiva- 
lent to  five  times  the  value  of  the  property  so  appropri- 
ated to  its  own  use;  and  shall  be  further  liable  to  the 
consignee  or  other  owner  of  such  property,  for  such  special 
damages  as  may  have  been  suffered  in  consequence  of 
such  conversion,  and  such  punitive  or  exemplary  damages 
as  may  be  recovered  in  an  action  against  such  common  car- 
rier. That  there  may  be  recovered  in  the  same  action, 
and  included  in  the  same  verdict,  all  the  amounts  above 
provided  for;  provided,  however,  that  so  much  of  this 
section  as  provides  for  a  penalty  of  five  times  the  value 
of  the  property  converted  shall  have  no  application  when 
the  common  carrier  has  converted  the  said  property  In 
consequence  of  a  wreck  of  the  car  in  which  the  property 
being  transported  is  contained;  when  the  conversion  is 
In  consequence  of  the  property  being  so  damaged  in  trans- 
portation as  to  render  it  unfit  for  the  purpose  intended, 
or  when  the  common  carrier,  through  error,  delivers  the 
property  being  transported  to  the  wrong  consignee. 

Adjustment  of  freight  charges  by  common  carriers. 
§  131.  (1)  From  and  after  the  passage  of  this  Act,  all 
common  carriers  doing  business  in  this  State  shall  -settle 
their  freight  charges  according  to  the  rate  stipulated  in  the 
bill  of  lading;  provided,  the  rate  therein  stipulated  be  in 
conformity  with  the  classifications  and  rates  made  and 
filed  with  the  Interstate  Commerce  Commission,  in  case  of 
shipments  from  without  this  State,  and  with  those  of  the 
railroad  commissioners  of  this  state,  in  case  of  shipments 
wholly  within  this  State;  by  which  classifications  and  rates 
all  consignees  shall  in  all  cases  be  entitled  to  settle  freight 
charges  with  such  carriers;  and  it  shall  be  the  duty  of  such 
common  carrier  to  inform  any  consignee  or  consignees  of 
the    correct   amount    due    for    freight,    according    to    such 


classifications  and  rates;  and  upon  payment  or  tender  of 
the  amount  due  on  any  shipment,  or  on  any  part  of  any 
shipment,  which  has  arrived  at  its  destination,  according 
to  such  classification  and  rates,  such  common  carrier  shall 
deliver  the  freight  in  question  to  the  consignee  or  con- 
signees, and  any  failure  or  refusal  to  comply  with  the  pro- 
visions hereof  shall  subject  each  such  carrier  so  failing 
or  refusing  to  a  penalty  of  $50  for  each  such  failure  or 
refusal,  to  be  recovered  by  any  consignee  or  consignees 
aggrieved  by  suit  in  any  court  of  competent  jurisdiction. 

ACTS  OF  1903— No.   50. 

Acts  of  1910 — No.  387.  Amends  §  2  so  as  to  read  as  fol- 
lows: 

Freight  adjustments  to  be  made  in  certain  time.  §  2. 
That  every  claim  for  freight  overcharge  or  for  loss  of  or 
damage  to  property  and  baggage,  while  in  the  possession 
of  such  common  carrier,  shall  be  adjusted  and  paid  within 
30  days,  in  case  of  shipments  wholly  within  this  State; 
and  within  40  days  in  case  of  shipment  from  without  this 
State,  after  the  filing  of  such  claim  with  the  agent  of 
such  carrier  at  the  point  of  destination  of  such  shipment, 
when  there  is  no  agent  at  such  point,  then  such  claim  to 
be  filed  with  the  agent  at  the  nearest  station  to  such 
point  of  destination  having  an  agent;  provided,  that  no 
such  claim  be  filed  until  after  the  arrival  of  the  shipment 
or  of  some  part  thereof,  at  the  point  of  destination,  or 
until  after  the  lapse  of  a  reasonable  time  for  the  arrival 
thereof.  In  every  case  such  common  carrier  shall  be 
liable  for  the  amount  of  such  loss  or  damage,  together 
with  the  interest  thereon,  from  the  date  of  the  filing  of 
the  claim  therefor  until  the  payment  thereof.  Failure  to 
adjust  and  pay  such  claim,  within  the  periods  respectively 
herein  prescribed,  shall  subject  each  common  carrier  so 
failing  to  a  penalty  of  $50  for  each  and  every  such  fail- 
ure, to  be  recovered  by  any  consignee  or  consignees  ag- 
grieved, in  any  court  of  competent  jurisdiction,  which 
action  may  be  maintained  in  any  county  where  the  cause 
of  action  for  the  damage  may  be  tried;  provided,  that  un- 
less such  consignee  or  consignees  recover  in  such  action 
the  full  amount  claimed,  no  penalty  shall  be  recovered, 
but  only  the  actual  amount  of  the  loss  or  damage,  with 
interest  as  aforesaid;  provided,  further,  that  no  common 
carrier  shall  be  liable  under  this  Act  for  property  which 
never  came  Into  its  possession  if  it  complies  with  the  pro- 
visions of  §  1710,  Volume  I,  of  the  Code  of  Laws  of  South 
Carolina,  1903. 

Approved  February  19,  1910. 

Remedy  against  connecting  carrier.  (3)  That  any  com- 
mon carrier,  upon  complying  with  the  provisions  of  this 
Act,  shall  have  all  the  rights  and  remedies  herein  provided 
for  against  the  common  carrier  from  which  It  received 
the  freight  in  question. 

Procedure.  (4)  That  causes  of  action  for  the  recovery 
of  the  possession  of  the  property  shipped,  for  loss  or 
damage  thereto  and  for  the  penalties  herein  provided  for. 
may  be  united  in  the  same  complaint. 

(5)     That  all  Acts  or  parts  of  Acts  inconsistent  with 
this  Act  be,  and  the  same  are  hereby,  repealed. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  South 
Carolina: 

Place  of  trial  for  penalty  on  freight  claims.  §  131a. 
(1)  That  from  and  after  the  approval  of  this  Act  by  the 
governor,  any  action  to  recover  a  penalty  for  the  loss, 
delay  or  damage  to  freight  against  any  common  carrier 
may  be  brought  in  any  county  in  this  State  where  the  cause 
of  action  for  the  damage  In  such  case  may  be  brought,  be- 
fore any  court  of  competent  jurisdiction. 

(2)  That  all  Acts  or  parts  of  Acts  inconsistent  with  this 
Act  be,  and  the  same  are  hereby,  repealed. 

Approved  the  twenty-sixth  day  of  February,  A.  D.  1909. 

LOSS    AND   DAMAGE. 

Connecting  lines  of  common  carriers  defined  and  their 
liability  fixed.  §  132.  (1)  All  common  carriers  over  whose 
transportation  lines,  or  parts  thereof,  any  freight,  baggage 
or  other  property  is  received  by  either  of  such  carriers  for 
through  shipment  or  transportation  by  such  carriers  on  a 
contract  for  through  carriage,  recognized,  acquiesced  in, 
or  acted  upon,  by  such  carriers,  shall  in  this  State,  with 
the  respect  to  the  undertaking  and  matters  of  such  trans- 
portation, be  considered  and  construed  to  be  connecting 
lines,  and  be  deemed  and  held  to  be  the  agents  of  each 


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National  Association*  of  Eailway  Commissioners 


other,  each  the  agent  of  the  others,  and  all  the  others  the 
agents  of  each,  and  shall  be  held  and  deemed  to  be  under 
a  contract  with  each  other  and  with  the  shipper,  owner 
and  consignees  of  such  property  for  the  safe  and  speedy 
through  transportation  thereof  from  point  of  shipment  to 
destination;  and  such  contract  as  to  the  shipper,  owner  or 
consignee  of  such  property  shall  be  deemed  and  held  to  be 
the  contract  of  each  of  such  common  carriers;  and  in  any 
of  the  courts  of  this  State,  any  through  bill  of  lading,  way- 
bill, receipt,  checic  or  other  instrument  issued  by  either 
of  such  carriers,  or  other  proof  showing  that  either  of 
them  has  received  such  freight,  baggage  or  other  property 
for  such  through  shipment  or  transportation,  shall  consti- 
tute prima  facie  evidence  of  the  subsistence  of  the  relations, 
duties  and  liabilities  of  such  carriers  as  herein  defined 
and  prescribed,  notwithstanding  any  stipulations  or  at- 
tempted stipulations  to  the  contrary  by  such  carriers,  or 
either  of  them. 

Each  connecting  carrier  liable  for  fault  of  any.  (2)  For 
any  damages  for  injury,  or  damage  to  or  loss,  or  delay 
of  any  freight  baggage  or  other  property  sustained 
anywhere  in  such  through  transportation  over  connecting 
lines,  or  either  of  them,  as  contemplated  and  defined  in 
the  next  preceding  section  of  this  Act,  either  of  such 
connecting  carriers  which  the  person  or  persons  sustain- 
ing such  damages  may  first  elect  to  sue  in  this  State 
therefor,  shall  be  held  liable  to  such  person  or  persons, 
and  such  carrier  so  held  liable  to  such  person  or  per- 
sons shall  be  entitled  in  a  proper  action  to  recover  the 
amount  of  any  loss,  damage  or  injury  it  may  be  re- 
quired to  pay  such  person  or  persons  from  the  carrier 
through  whose  negligence  the  loss,  damage  or  injury 
was  sustained,  together  with  the  costs  of  suit. 

Act  in  effect  forthwith.  (3)  That  this  Act  shall  take 
effect  immediately  upon  its  approval  by  the  governor, 
and  all  Acts  and  parts  of  Acts  inconsistent  with  this 
Act   are   hereby    repealed. 

Be  it  enacted  iy  the  general  assembly  of  the  State  of  South 
Carolina. 

Misdemeanor  wilfully  to  open  or  injure  baggage  or  ex- 
press package.  §  132a.  (1)  It  shall  be  unlawful  for  any 
agent,  servant,  baggagemaster  or  other  person  in  the 
service  or  employment  of  any  railroad,  express  company 
or  steamboat  lines,  to  carelessly  or  negligently  or  wil- 
fully open,  break  into  or  injure  any  paclcage,  parcel 
or  baggage  while  in  the  custody  or  under  the  control 
of  any  such  common  carrier. 

Penalty.  (2)  Any  person  violating  the  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  pun- 
ished by  a  fine  or  imprisonment,  or  both,  in  the  discre- 
tion of  the  court. 

Approved  February  23,  A.  D.  1909. 

PROHIBITED    AM)    RESTRICTED    SHIP.MENTS. 

Regulations  for  transportation  of  dead  bodies  of  conta- 
gious or  infectious  diseases.  §  133.  The  transportation  of 
bodies  dead  of  any  dangerous,  contagious  or  infectious 
disease  is  absolutely  forbidden,  into,  through  or  out  of  the 
State,  or  any  city  or  town  within  the  same,  except  on 
compliance  v,'ith  such  rules  and  regulations  as  shall  be 
made  and  ordained  by  the  State  board  of  health.  And 
for  the  purpose  of  enforcing  this  section,  the  said  board 
is  hereby  empowered  and  required  by  its  excutive  com- 
mittee to  make  and  declare  rules  and  regulations  de- 
claring what  diseases  shall  be  regarded  as  dangerous, 
contagious  or  infectious,  and  to  classify  the  same,  desig- 
nating such  as  are  of  so  dangerous  a  character  that 
transportalion  of  the  dead  is  absolutely  forbidden,  and 
prescribing  such  regulations  as  the  said  board  may 
deem  proper  for  the  transportation  of  the  dead  from 
other  causes.  That  said  rules  and  regulations  as  may  be 
adopted  by  the  said  board  be  submitted  to  the  governor 
for  his  approval,  and  be  published  in  at  least  three  daily 
papers  of  this  State,  and  be  advertised  and  disseminated 
by  such  other  methods  as  to  the  board  may  seem  expedi- 
ent, and  such  rules  and  regulations  shall  go  into  effect 
on  the  approval  of  the  governor. 

Unlawful  to  transport  trees,  etc. — Penalty.  §  134.  No 
transportation  company  or  common  carrier  shall  deliver 
any  box,  bundle  or  package  of  trees,  shrubs,  cuttings, 
vines,  bulbs  or  roots  shipped  by  parties  residing  without 
the  limits  of  this  State  to  any  consignee  at  any  station 
In    this    State,    unless    each    box,    bundle   or    package    is 


plainly  labeled  with  a  certificate  of  inspection  furnished 
by  the  official  entomologist  of  the  State  in  which  said 
stock  was  grown,  and  also  with  the  official  tag  of  this 
Doard  herein  provided  for.  Any  person  or  persons  vio- 
lating the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  he 
fined  in  a  sum  not  exceeding  $100.  For  the  enforcement 
of  this  section,  the  sheriff  of  each  county  in  the  State 
is  hereby  authorized  and  empowered,  and  it  shall  further 
be  his  duty,  to  seize  such  goods  that  do  not  bear  the 
official  tag  of  this  board,  and  hold  the  same  until  in- 
spected and  pronounced  by  the  entomologist,  whom  he 
shall  notify  at  onca,  to  be  free  from  diseases  and  insects 
declared  to  be  injurious  by  the  said  board. 

Unlawful  to  transport  shad.  §  135.  (1)  On  and  after 
February  20,  1904,  it  shall  be  unlawful  to  ship  or  trans- 
port any  shad  fish  beyond  the  limits  of  this  State. 

Penalty.  (2)  That  any  person,  whether  acting  for  him- 
self or  for  another,  who  violates  the  provisions  of  §  1  of  this 
Act,  shall,  upon  conviction,  be  deemed  guilty  of  a  mis- 
demeanor, and  subject  to  a  fine  not  exceeding  $100  cr 
to  imprisonment  not  exceeding  30  days. 

(3)  That  any  common  carrier  receiving  any  shad  fish 
for  transportation  or  shipment  to  any  point  beyond  the 
limits  of  this  State,  shall,  upon  conviction,  be  deemed 
guilty  of  a  misdemeanor,  and  shall  for  each  offense 
be  fined  not  exceeding  $100. 

One-half  fine  to  informer.  (4)  That  of  all  fines  collected 
for  violation  of  this  Act,  one-half  shall  be  paid  to  the 
informer  and  prosecutor  and  the  other  half  into  the 
county  treasury   for  ordinary   county   purposes. 

When  and  by  whom  tags  shall  be  canceled.  §  136.  A  1 
persons,  companies  or  corporations  engaged  in  the  manu- 
facture or  sale  of  fertilizers  or  commercial  manures  cr 
cotton  seed  meal,  shall  cancel  all  tags  or  stamps  use  1 
as  evidence  that  said  inspection  tax  has  been  paid,  b  / 
stamping  such  tags  or  stamps  with  the  name  of  the  pe: - 
son  or  persons,  company  or  corporation,  selling,  shipping 
or  manufacturing,  also  the  date  of  shipment  or  deliver;  . 
No  railroad  or  common  carrier  shall  receive  for  shi]- 
ment  or  delivery  from  any  person  or  persons,  compan  / 
or  corporation,  any  fertilizers  or  commercial  manures 
or  cotton  seed  meal,  with  the  tags  or  stamps  bearin ; 
date  of  cancellation  30  or  more  days  prior  to  delivj 
for  shipment. 

Birds  not  to  be  transported.  §  137.  That  it  shall ' 
unlawful  for  any  person  or  persons,  or  any  corporatio  i 
acting  as  a  common  carrier,  its  officers,  agents  or  se  - 
vants,  to  ship  carry,  take  or  transport,  either  within  c  r 
beyond  the  confines  of  the  State,  any  resident  or  m- 
gratory  wild  non-game  bird,  except  as  permitted  by  th:3J 
Act.  ' 

Regulations  in  regard  to  transportation  of  game  bin  s 
or  animals.  S  138.  No  person  or  corporation  shall  knoA- 
ingly  receive  for  transportation,  or  shall  transport  or  cam  e 
to  be  transported,  or  have  in  his  or  her  r-ossession  witli 
the  intent  to  transport,  or  to  secure  the  transportation  <  f 
beyond  the  limits  of  this  State,  any  of  the  partridges,  grous  ;, 
wild  turkeys,  snipe,  woodcock,  or  other  game  birds  <  r 
game  animals  which  have  been  killed  or  captured  in 
this  State,  and  each  bird  or  game  animal  so  killed  <r 
taken  or  had  in  possession,  received  for  transportatic  n 
or  transported,  contrary  to  the  provisions  of  this  Act, 
shall  constitute  a  separate  offense.  The  reception  I  y 
any  person  or  corporation  within  this  State  of  any  su<  h 
birds  or  game  for  shipment  to  a  point  beyond  the  limi  s 
of  this  State  shall  be  prima  facie  evidence  that  sad 
birds  or  game  were  killed  within  the  State  for  the  pur- 
pose of  conveying  same  beyond  its  limits;  but  the  pro- 
visions of  this  section  shall  not  apply  to  common  car- 
riers into  whose  possession  birds  or  game  shall  come 
in  the  regular  course  of  their  business  for  transportatit'O 
while  they  are  in  transit  through  the  State  from  aiy 
place  without  the  state;  and  provided,  further,  thit 
nothing  herein  shall  prohibit  persons  from  having  in 
their  i«ssesslon  for  the  purpose  of  domestication  and 
propagation  any  of  the  birds  and  animals  referred  to 
in  this  Act. 

Packages  containing  game  to  be  labeled.  §  139.  It  shall 
be  unlawful  for  any  person  or  corporation  within  the 
State  to  deliver  or  to  knowinirly  receive  for  transporta- 
tion   any    package,    box    or    other    receptacle    containing 


11 


Public  Service  Laws 


1235 


birds  or  game  unless  the  same  shall  be  labeled  in  a  con- 
spicuous place,  in  plain  letters,  with  the  name  and 
address  of  the  owner,  the  consignor  and  consignee; 
and  also  with  the  kind  or  kinds  of  birds  or  animals 
which  the  said  package,  box  or  other  receptacle  con- 
tains, or   to   falsely   label   the   same. 

No  common  carrier  shall  import  shipments  of  cotton, 
etc.,  from  any  point  where  boll  weevil  is  knoicn  to  exist. 
^  140.  No  transportation  company  or  common  carrier  shall 
deliver  cotton  seed,  seed  cotton,  hulls,  baled  and  unbaled 
cotton,  household  goods,  furniture  or  supplies  of  any 
description  which  are  packed  in  or  with  cotton  lint, 
cotton  seed,  seed  cotton,  hulls  or  cotton  seed  sacks 
shipped  into  this  State  from  any  point  in  any  State,  or 
section  of  a  State,  wherein  the  iMexican  boll  weevil  is 
known  to  exist.  Transportation  companies  shall  notify 
at  once  the  said  entomologist  of  the  arrival  of  such 
shipments  and  shall  hold  same  for  the  inspection  and 
disposal  by  said  entomologist.  Any  person  or  persons 
violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  by  a  fine  not  less  than  $50  nor  more  than  $100, 
or  by  imprisonment  in  the  county  jail  not  to  exceed  30 
days. 

KAILROAD  CROSSINGS  A.NU  DB.MSAGE. 

Obstructions  of,  how  punished.  §  141.  If  any  person  or 
persons,  corporations,  or  any  conductor  of  any  train 
of  railroad  cars,  or  any  other  agent  or  servant  of  any 
railroad  company,  shall  obstruct  unnecessarily  any  public 
road  or  highway,  by  permitting  any  railroad  car  or  cars 
or  locomotive  to  remain  upon  or  across  any  street, 
public  road  or  highway  for  a  period  longer  than  five 
minutes,  after  notice  to  remove  said  cars  has  been  given 
to  conductor,  engineer,  agent,  or  such  other  person  in 
charge  of  said  train,  or  shall  permit  any  timber,  wood 
or  other  obstructions  to  remain  uion  or  across  any  such 
street,  road  or  highway  to  the  hindrance  or  inconvenience 
of  travelers,  or  any  person  or  persons  passing  along  or 
upon  such  street,  road  or  highway,  every  person  or 
corporation  so  offending  shall  forfeit  and  pay  for  every 
such  offense  any  sum  not  exceeding  $20  nor  less  than  $5, 
and  shall  be  liable  for  all  damages  arising  to  any  person 
from  such  obstruction  or  injury  to  such  road  or  high- 
way to  be  recovered  by  an  action  at  the  suit  of  the  town- 
ship or  county  board  of  commissionre  in  the  township  or 
county  where  such  offense  shall  have  been  committed, 
or  sny  person  suing  for  the  same,  before  any  magistrate 
within  the  county  where  such  offense  shall  have  been 
committed,  or  by  indictment  in  the  court  of  general 
sessions,  or  suit  in  the  court  of  common  pleas.  And 
all  fines  so  accruing  under  the  provisions  of  this  section, 
when  collected,  shall  be  paid  over  by  the  magistrate 
to  the  county  treasurer  for  the  district  in  which  such 
offense  was  committed.  And  every  24  hours  such  cor- 
poration, person  or  persons,  as  aforesaid,  after  being 
notified,  shall  suffer  such  obstructions,  to  the  hindrance 
or  inconvenience  of  travelers  or  any  person  going  along 
or  upon  such  road  or  highway,  shall  be  deemed  an  addi- 
tional offense  against  the  provisions  of  this  section. 

Obstructions  of  by  railroad  corporations  or  their  agents, 
how  punished.  §  142.  Every  railroad  company  or  other  cor- 
poration, the  servant  or  servants,  agent  or  agents,  employe 
or  employes,  of  which  shall  in  any  manner  obstruct 
any  street,  public  road  or  highway  shall  be  liable  to  pay 
all  fines  which  may  be  assessed  against  such  servant  or 
servants,  agent  or  agents,  employe  or  employes,  for  so 
obstructing  any  such  street,  public  road  or  highway,  and 
such  liability  may  be  enforced  by  execution  against 
said  railroad  company  or  other  corporation  on  the 
Ijudgment  rendered  against  such  servant  or  servants, 
agent  or  agents,  employe  or  employes,  for  so  obstruct- 
ing such  street,  public  road  or  highway. 

Drainage  of  public  road  not  to  be  obstructed.  §  143.  It 
shall  be  unlawful  for  any  railroad  company  to  obstruct 
the  drainage  of  any  public  road  or  highway  by  its 
roadbed  or  otherwise,  or  empty  the  water  from  its 
ditches  into  any  public  road  or  highway,  to  the  injury  of 
said  highway;  and  if  any  railroad  company,  being 
warned  by  the  overseer  of  the  proper  district  by  leaving 
a  written  notice  with  any  agent,  or  informing  any  sta- 
jtion  agent  of  said  railroad  company  personally,  shall  re- 
ifuee  or  neglect  to  remedy  the  same  to  the  acceptance  of 


the  overseer,  shall  forfeit  and  pay  any  sum  not  exceed- 
ing $.'50  nor  less  than  $20,  to  be  recovered  by  an  action 
at  the  suit  of  the  township  or  county  board  of  commis- 
sioners before  any  magistrate;  and  every  ten  days  such 
railroad  company,  after  being  notified,  shall  neglect  or 
refuse  to  remedy  such  offense  shall  be  deemed  an  ad- 
ditional offense  against  the  provisions  of  this  section; 
and  the  money  so  collected  shall  be  paid  by  the  magis- 
trate so  collecting  to  the  county  treasurer,  and  the  money 
so  paid  over  shall  become  a  part  of  the  dunty  road 
fund. 

Duty  of  overseers  as  to  railroad  crossings.  §  144.  It 
shall  be  the  further  duty  of  such  overseer  to  cause  each 
railroad  company  to  construct  and  keep  in  good  re- 
pair the  roadbed  of  all  public  roads  across  the  roadbed 
of  said  railroad  company;  and  if  any  railroad  company, 
being  duly  warned  by  the  overseer  of  the  proper  district, 
by  leaving  a  written  notice  with  any  station  agent,  or 
by  informing  any  station  agent  of  said  railroad  company 
personally,  shall  neglect  or  refuse  to  construct  or  repair 
such  roadbed  to  the  acceptance  of  the  overseer,  shall 
forfeit  any  sum  not  exceeding  $50  nor  less  than  $30, 
to  be  recovered  by  an  action  at  the  suit  of  the  town- 
ship or  county  board  of  commissioners,  before  a  magis- 
trate of  the  county,  and  the  money  so  collected  shall  be 
paid  by  the  magistrate  collecting  to  the  county  treas- 
urer, and  the  money  so  paid  over  shall  be  come  a  part 
of  the  county  road  fund;  and  every  five  days  such 
railroad  company,  after  being  duly  notified,  shall  neglect 
or  refuse  to  construct  or  repair  said  road,  shall  be 
deemed  ^  additional  offense  against  the  provisions  of 
this   section. 

Highway  or  toivnway  across  a  railroad.  §145.  A  highway 
or  town  way  may  be  laid  out  across  a  railroad  previously 
constructed  when  the  county  board  of  commissioners  ad- 
judge that  the  public  convenience  and  necessity  require 
the  same;  and  in  such  case,  after  due  notice  to  the  rail- 
road corporation,  and  hearing  all  parties  interested,  they 
may  thus  lay  out  a  highway  across  a  railroad,  or  may 
authorize  a  city  or  town,  on  the  petition  of  the  Mayor 
and  aldermen  thereof,  to  lay  out  a  way  across  a  railroad 
in  such  manner  as  not  to  injure  or  obstruct  the  railroad. 

Stockguards.  §  146.  The  several  railroad  companies 
whose  line  of  road  lies  wholly  or  partly  in  this  State 
are  hereby  required  to  construct  and  keep  in  repair 
an  adequate  stockguard  or  cattle-gap  at  every  point 
v/here  the  line  of  said  railroad  of  any  such  company 
crosses  or  may  hereafter  cross  the  lino  of  any  fence  in 
this   State. 

Penalty  for  violation.  §  147.  For  every  violation  of 
§  146  the  railroad  company  so  violating  it  shall  pay 
to  the  owner  or  owners  of  the  fence  upon  the  line  of 
which  such  stockguard  or  cattle-gap  should  have  been 
constructed  and  kept  in  repair,  the  sum  of  $100,  to  be 
recovered  by  action  in  the  Court  of  Comm.on  Pleas  for 
the  county  in  which  such  stockguard  or  cattle-gap 
should  have  been  constructed  and  kept  in  repair. 

Drain  acr-oss  railroad.  §  148.  Whenever  it  shall  be 
necessary  to  run  any  drain  across  the  right  of  way  and 
roadbed  of  any  railroad,  it  shall  be  the  duty  of  the  rail- 
road company  owning  or  operating  such  railroad,  or  any 
receiver  thereof,  to  make  and  maintain  a  suitable  opening 
or  culvert  therefor  through  and  across  the  right  of  way 
and  roadbed.  The  failure  of  any  railroad  company  or 
receiver  thereof  to  comply  with  the  provisions  of  this 
section  shall  subject  such  company  or  receiver  to  the 
forfeiture  of  $10  a  day  for  each  day's  neglect,  after 
,■^0  days'  notice  served  on  any  ticket  or  freight  agent, 
or  officer  of  such  company  or  receiver.  Such  forfeiture 
to  be  sued  for  and  collected  by  said  board  for  the  use 
of  the  drainage  fund  of  that  drain. 

Obstructing  bridges  to  be  removed  or  to  have  draw  spans 
— Requirements  as  to  the  draxv  spans.  S  149.  Any  railroad 
company  or  other  corporation  in  this  State  which  may 
now  have  any  bridge  over  and  across  any  navigable  river 
in  this  State  too  low  for  the  purposes  of  free  and  unob- 
structed navigation  be,  and  they  are  hereby,  required  to 
remove  the  same,  or  to  construct  and  manage  draw 
spans  in  said  bridges  as  will  secure  safe  and  unob- 
structed navigation  of  said  stream;  which  said  span 
shall  not  be  less  than  60  feet  in  width  in  the  clear,  and 
shall    be    properly    located    with    reference    to    the    deep 


1230 


National  Association  of  Eailway  Commissioners 


water  and  the  convenience  of  navigation,  and  shall  be 
provided  on  both  sides  of  the  span  with  strong  and  suit- 
able fenders  extending  to  not  less  than  150  feet  above 
and  not  less  than  80  feet  below  the  bridge,  and  rising 
above  ordinary  high  water  marlc  to  within  not  less  than 
.one  foot  of  the  lower  chords  of  said  spans.  And  upon 
failure  to  do  so,  said  railroad  company  or  other  corpora- 
tion shall  forfeit  for  each  and  every  day  that  said  bridge 
may  remain  too  low  for  free  and  unobstructed  naviga- 
tion, the  sum  of  $200,  for  the  use  of  the  State. 

To  what  streams  applicable.  Provided,  that  this  Act 
shall  apply  only  to  such  streams  as  are  navigable  by 
steamboats  or  may  hereafter  be  made  so. 

TKANSPORTATION    OF   AMMALS. 

Animals  not  to  he  crowded  in  cars — Time  of  confinement 
limited.  §  150.  No  railroad  company  in  the  carrying  or 
transportation  of  animals  shall  overload  the  cars,  nor 
permit  the  animals  to  be  confined  in  cars  for  a  longer  per- 
iod than  28  consecutive  hours  without  unloading  the 
same  for  rest,  water  and  feeding,  unless  prevented  from 
so  unloading  by  storm  or  other  accidental  causes.  In 
estimating  such  confinement,  the  time  during  which  the 
animals  have  been  confined  without  rest  on  connecting 
roads  from  which  they  are  received  shall  be  included, 
it  being  the  intent  of  this  chapter  to  prohibit  their  con- 
tinuous confinement  beyond  the  period  of  28  hours,  ex- 
cept upon  contingencies  hereinbefore  stated.  Animals  so 
unloaded  shall  be  properly  fed,  watered  and  sheltered 
during  such  rest  by  the  owner  or  the  person  having  the 
custody  thereof,  or  in  case  of  his  default  in  so  doing, 
then  by  the  railroad  company  transporting  the  same,  at 
the  expense  of  the  owner  or  the  person  in*  custody 
thereof;  and  the  said  company  shall,  in  said  case,  have 
a  lien  upon  said  animals  for  food,  care  and  custody 
furnished,  and  shall  not  be  liable  for  any  detention  of 
such  animals  authorized  by  this  chapter.  Any  company, 
owner  or  custodian  of  such  animals,  who  shall  fail  to 
comply  with  the  provisions  of  this  section,  shall,  for 
each  and  every  such  offense,  be  liable  for  and  forfeit 
and  pay  a  penalty  of  not  less  than  $50  nor  more  than 
$500,  to  be  paid  to  the  State  treasury;  provided,  however, 
that  when  animals  shall  be  carried  in  cars  in  which  they 
can  and  do  have  proper  food,  water,  space  and  opportun- 
ity to  rest,  the  foregoing  provisions  in  regard  to  their 
being   unloaded    shall   not   apply. 

Animal,  etc.,  defined.  S  151.  In  S  150  the  word  "animal" 
or  "animals"  shall  be  held  to  include  all  brute  creatures; 
and  the  word  "owner,"  "person"  and  "'whoever,"  shall  be 
held  to  include  corporations  as  well  as  individuals;  and 
the  knowledge  and  acts  of  agents  of  and  persons  employed 
by  corporations  in  regard  to  animals  transported,  owned, 
or  employed  by  or  in  the  custody  of  such  corporations, 
shall  be  held  to  be  the  acts  and  knowledge  of  such  cor- 
poration. 

Railroad  companies  required  to  furnish  shippers  of  liw 
stock  certain  information.  §  152.  (1)  Any  railroad  com- 
pany doing  business  in  South  Carolina  shall  be  required  to 
furnish  the  owner,  or  shipper,  or  their  agents,  full  in- 
formation concerning  the  shipment,  movement  and  deliv- 
ery of  live  stock  when  en  route,  and  on  said  company's 
line  or  in  said  company's  possession.  If  company  can- 
not make  time  published  in  schedule  they  must  whenever 
as  much  as  three  hours  behind  schedule  time,  wire 
owner  and  agent  at  destination  extent  of  and  cause  of 
delay,  and  advise  him  of  expected  time  of  arrival.  Upon 
failure  to  furnish  such  information,  and  upon  failure  to 
give  shipper  benefit  of  best  connection  as  published  in 
Echedulo,  railroad  company  shall  pay  a  fine  of  not  more 
than  $25;  provided,  that  nothing  herein  contained  shall 
Interfere  with  the  transmission  of  train  orders;  provided, 
further,  that  in  the  event  of  failure  upon  the  part  of  any 
common  carrier  to  give  the  information  herein  required, 
it  shall  be  incumbent  upon  such  common  carrier  affirm- 
atively to  show  that  such  failure  was  due  to  the  neces- 
sary use  of  the  wire,  or  wires  for  transmission  of  train 
orders. 

(2)     This  Act  shall   take   effect  upon  its   approval. 
Acts,  1906.     No.  73. 

Transportation  of  diseased  cattle,  see  Act  249  Acts 
of   1907,   below. 

HUNNINO   TRAINS    ON    SUNDAY. 

Trains  not  to  he  run  on  Sunday.  §  153.  It  shall  be 
unlawful    for    any    railroad    corporation    owning    or    con- 


trolling railroads  operating  in  this  State  to  load  or  un- 
load, or  permit  to  be  loaded  or  unloaded,  or  to  run  or 
permit  to  be  run,  on  Sunday,  any  locomotive,  cars  or 
trains  of  cars  moved  by  steam  power,  except  as  herein- 
after provided,  and  except  to  unload  cars  loaded  with 
animals. 

Exceptions.  §  154.  Said  corporations  or  persons  may 
lun  on  Sundays  trains  laden  exclusively  with  vegetableis 
and  fruits,  and  on  said  day,  in  any  and  every  month, 
their  regular  mail  trains  and  such  construction  trains  as 
may  be  rendered  necessary  by  extraordinary  emergencies 
other  than  those  incident  to  freight  or  passenger  tralHc, 
and  such  freight  trains  as  may  be  in  transit  which  can 
reach  their  destination  by  6  o'clock  in  the  forenoon;  pro- 
vided, that  the  railroad  commissioners  shall  have  the 
power  (upon  proper  applcation  made  to  them  for  the 
purpose  by  the  officers  of  the  church  or  religious  de- 
nominations in  charge  of'  the  place  where  such  services 
are  to  be  iield)  to  authorize  and  permit  the  running  of 
trains  on  any  Sunday  in  the  year  tor  the  transporting 
of  ])assengers  to  and  from  religious  services;  provided, 
application  for  the  permit  and  the  authority  granted 
must  both  be  in  writing  and  made  a  part  of  the  recorcs 
of  said  railroad  commissioners. 

Further  exceptions.  §  155.  Any  train  running  by  ;i 
schedule  in  conformity  with  the  provisions  of  this  chap- 
ter, but  delayed  by  accident  or  other  unavoidable  cir- 
cumstances, may  be  run  until  it  reaches  the  point  <  t 
which   it  is  usual   for   it  to  rest  upon  a   Sunday. 

Penalty.  §  156.  For  a  wilful  violation  of  the  provisioi  3 
of  the  three  preceding  sections  the  railroad  company 
so  offending  shall  forfeit  to  the  State  $500,  to  be  ccl- 
•iected  in  any  court  of  competent  jurisdiction. 

PROMPT   DELIVERY   REQUIRED. 

Common  carriers  to  transport  freight  within  time  spei  i- 
fied.  §  157.  (1)  That  from  and  after  May  1st,  1904,  eveiy 
.  common  carrier  doing  business  in  this  State  shall  tran  ;- 
port  to  its  destination  all  freight  received  by  them  f(  r 
transportation  within  this  State  within  a  reasonable  tiae 
after  receipt  thereof,  not  exceeding  the  following  time ;, 
after  midnight  of  the  day  of  the  receipt  thereof,  to-wii : 
(Between  points  not  over  100  miles  apart,  72  hours;  b  ■- 
tween  points  over  100  and  not  more  than  200  mil<  s 
apart,  96  hours;  and  between  points  over  200  niil(  s 
apart,  120  hours.  The  nearest  route  by  railroad  sha  1 
be  taken  in  each  case  as  the  distance  between  tl  e 
points;  provided  that  notice  be  given  to  the  receivlr  g 
common  carrier  that  prompt  shipment  of  such  freigl  t 
is  required,  and,  when  requested,  such  common  carrit  r 
shall  insert  in  the  bill  of  lading  the  words  "Prompt  shi  i- 
ment  required,"  which  shall  be  conclusive  evidence  >  f 
such  notice,  and  each  such  common  carrier  shall  extei  d 
such  notice  to  its  connecting  line  or  be  liable  for  tl  e 
consequences   of  its   failure   to  do  so. 

Penalty  for  failure  to  comply.  (2)  That  any  such  coi  i- 
mon  carrier  failing  to  comply  with  the  provi::;o;.s  of  lii.s 
Act,  except  for  good  and  sufficient  cause,  the  burden  if 
proof  of  which  shall  be  on  the  common  carrier  so  fa  1- 
ing,  shall  be  subject,  in  addition  to  the  liabilities  ai  d 
remedies  now  existing  for  unreasonable  delay  in  tl  e 
transportation  of  freight,  to  a  penalty  of  $5  per  di  y 
for  every  day  of  delay  in  excess  of  the  time  hereinbefo  e 
limiteu,  to  be  recovered  by  any  consignee  who  may 
be  injured  in  any  way  by  such  delay,  or  by  the  own  >r 
or  holder  of  the  bill  of  lading,  in  any  court  of  comie- 
tent    jurisdiction. 

Penalty  limited.  Provided,  that  the  sum  of  the  penalty 
recovered  shall  not  exceed  the  value  of  the  goods  and' 
transportation    charges    thereon. 

Statement  to  consignee.  Provided,  further,  that  any 
such  common  carrier  shall,  within  10  days  after  dema  id 
in  writing  therefor  by  any  consignee  of  delayed  freiglit, 
or  the  owner  or  holder  of  the  bill  of  lading,  furnish  a 
statement  in  writing,  specifying  the  date  of  its  receipt  of 
such  freight,  the  cause  of  delay,  and  the  name  of  tlie 
common  carrier  resronsible  therefor.  Any  common  car- 
rier failing  to  furnish  such  statement  shall  forfeit  to  the 
party  demanding  It  $1  a  day  for  each  day  in  defaudt, 
to  be  recovered  as  aforesaid. 

Negligence  of  connecting  carrier.  Provided,  further, 
that    if   any   such    common    carrier    shall    prove   that   no 


Public  Seuvice  Laws 


123?' 


delay  in ,  violation  of  this  Act  occurred  in  the  transpor- 
tation of  such  freight  after  receipt  thereof  by  it,  and 
that  it  extended  the  notice  that  prompt  shipment  was 
required  to  its,  connecting  line,  and  that,  by  the  exercise 
of  due  diligence,  it  was  unable  to  discover  the  cause  of 
delay  or  the  name  of  the  common  carrier  responsible 
therefor,  it  shall  be  excused  from  liability  under  this 
Act. 

Carriers  by  water.  Provided,  the  provisions  of  this  Act 
shall   not   apply  to  any  common  carrier  by  water  routes. 

Repeal.  (3)  That  all  Acts  or  parts  of  Acts  in  conflict 
with  the  provisions  of  this  Act  are  hereby  repealed. 
Acts,   1907.  No.  256. 

UNCLAIMED    FKEIGHT    AND   SALE    THEREOF. 

Common  carriers  may  sell  property  unclaimed  for  six 
months.  §  158.  Every  railroad  corporation,  express  com- 
pany, and  the  proprietors  of  every  steamboat  engaged  in 
the  transportation  of  passengers  and  freight,  or  either, 
which  shall  have  had  unclaimed  freight  or  baggage  not 
perishable  in  its  possession  for  the  period  of  six  months 
may  proceed  and  sell  the  same  at  public  auction,  after 
giving  n.otice  to  that  effect  in  one  or  more  newspapers 
published  in  the  state  or  at  the  place  where  such  goods 
are  to  be  sold  once  a  week  for  not  less  than  four  weeks, 
and  shall  also  keep  a  notice  of  such  sale  posted  for  the 
same  time  in  a  conspicuous  place  in  the  principal  office 
of   said   company. 

Contents  of  advertisement.  §  159.  Said  notice  shall 
contain,  as  near  as  practicable,  a  description  of  such 
freight  or  baggage,  the  place  and  time  when  and  where 
left,  together  with  the  name  and  residence  of  the 
owner  of  the  freight  or  baggage,  or  person  to  whom  it 
is   consigned,   if   the   same   be   known. 

Disposition  of  moneys  received.  §  160.  All  moneys 
raised  from  the  sale  of  freight  or  baggage  as  aforesaid, 
after  deducting  therefrom  charges  and  expenses  for  the 
transportation,  storage,  advertising,  commissions  for 
selling  the  property,  and  any  amount  previously  paid 
for  advances  on  such  freight  and  baggage,  shall  be  paid 
by  the  company  to  the  persons  entitled  to  receive  the 
same. 

Books  of  sale  to  be  kept  for  inspection.  S  161.  The  said 
company  shall  keep  books  of  record  of  all  such  sales  as 
aforesaid,  containing  copies  of  such  notices,  proofs  of  ad- 
vertisements and  posting,  affidavit  of  sale,  with  the 
amount  for  which  each  parcel  was  sold,  the  total 
amount  of  charges  against  such  parcel,  and  the  amount 
held  in  trust  for  the  owner;  which  books  shall  be  open 
for  inspection  by  claimants,  at  the  principal  office  of 
the  said  company,  and  at  the  office  where  the  sale  was 
made. 

TELEPHONE    AND    TELEGRAPH    AND    EXPRESS    COMPANIES. 

Express  and  telegraph  companies  placed  under  powers 
of  railroad  commission.  §  162.  All  companies  or  persons 
owning,  controlling  or  operating,  or  that  may  hereafter 
own,  control  or  operate,  a  line  or  lines  of  express  or  tele- 
graph, whose  line  or  lines  is  or  are  in  whole  or  in  part 
in  this  State,  shall  be  under  the  control  of  -the  railroad 
commissioners  of  this  State,  who  shall  have  full  power 
to  regulate  the  prices  to  be  charged  by  any  company  or 
person  or  persons  owning,  controlling  or  operating  any 
line  or  lines  of  express  and  telegraph  for  any  service 
performed  by  such  company,  person  or  persons;'  and  all 
the  powers  given  to  said  commissioners  over  railroads 
in  this  State,  and  all  the  penalties  prescribed  against 
railroad  companies  or  persons  operating  railroads  by 
existing  laws,  are  hereby  declared  to  be  of  force  against 
corporations,  companies  or  a  person  or  persons  owning, 
controlling  or  operating  a  line  or  lines  of  express  and 
telegraph  doing  business  in  this  State,  whose  line  or 
lines  is  or  are  wholly  or  in  part  in  this  State,  so  far  as 
said  provisions  of  the  law  can  be  applicable  to  any  cor- 
poration, company,  person  or  persons  owning,  controlling 
or  operating  a  line  or  lines  of  express  and  telegraph. 

Powers  of  commissioners  to  regulate  charges.  The 
powers  of  the  commissioners  to  regulate  charges  by  corpo- 
rations, companies  and  persons  herein  referred  to  shall 
apply  to  charges  by  express  for  transportation  from  one 
point    to    another    in    this    State    and    messages    sent    by 

I  telegraph  from  one  point  to  another  in  this  State. 

'       How  salaries  of  the  railroad  commission  are  paid — Pro 


rata  part  to  be  assessed  and  collected,  etc.  §  163.  The 
telegraph  and  express  companies  shall  bear  their  pro 
rata  part  of  the  salaries  of  the  railroad  commissioners, 
based  on  their  gross  earnings.  The  said  assessment 
against  the  express  companies  and  telegraph  companies 
shall  be  charged  up  against  the  said  corporations,  re- 
spectively, under  the  order  and  direction  of  the  comptrol- 
ler-general, and  shall  be  collected  by  the  several  county 
treasurers  in  the  manner  prescribed  by  law  for  the  col- 
lection of  taxes  from  such  corporations,  and  shall  be  paid 
by  them  as  collected  into  the  treasury  of  the  State  in 
like  manner  as  other  taxes  collected  by  them  for  the 
State;  provided,  the  comptroller-general  shall  be  em- 
powered and  instructed  to  assess  and  collect  from  the 
express  and  telegraph  companies  and  the  said  companies 
required  to  pay  the  sum  of  $500  to  be  apportioned  be- 
tween the  said  companies  according  to  their  gross  earn- 
ings, and  to  pay  the  same  over  to  the  railroad  commis- 
sioners as  a  contingent  fund  to  be  used  by  the  said  rail- 
road commission  for  the  purpose  of  organizing  their 
new  departments  and  informing  themselves  upon  mat- 
ters  pertaining   thereto. 

Unreasonable  discrimination  by  telephone  companies 
prohibited.  §  164.  No  telephone  company  doing  business 
In  this  State  shall  make  any  difference  in  the  rates  at 
which  they  furnish  telephones  and  telephone  service  to 
its  patrons  or  subscribers  at  its  different  offices  or 
places  of  business  in  the  several  cities  or  towns,  more 
than  is  necessary  on  account  of  the  difference  in  cost  of 
supplying  such  telephones  and  telephone  service,  the 
number  of  its  subscribers  at  its  different  offices  or  places 
of  business  being  taken  into  consideration. 

Penalty  for  discrimination  in  charges.  Any  telephone 
company  which  shall  violate  the  provisions  of  this, 
section  shall  pay  and  forfeit  to  each  of  its  subscribers 
or  patrons  when  it  charges  such  higher  rate  double  the 
difference  between  the  rate  so  unlawfully  charged  and 
the  rate  which  should  be  charged  according  to  the  pro- 
visions of  this  section,  to  be  recovered  by  suit  in  any 
court  of  competent  jiirisdiction. 

THE    ACT    OF    1904. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  South 
Carolina: 
Railroad  commission  given  jurisdiction  over  telephone 
lines.  §  165.  That  from  and  after  the  approval  of  this 
Act,  the  railroad  commission  of  this  State  shall  have  and 
exercise  the  same  jurisdiction  and  supervisory  powers 
and  control  over  and  concerning  all  telephone  lines, 
stations  and  exchanges  in  this  State,  and  over  all  per- 
sons. Arms  or  corporations  owning  or  operating  such 
telephone  lines,  stations  or  exchanges  for  the  trans- 
mission of  intelligence  for  hire,  that  it  now  has  and 
exercises  over  and  concerning  railroads,  telegraph  and 
express  lines,  and  the  persons,  firms,  or  corporations 
owning  or  operating  them  in  this  State;  and  said  com- 
mission shall  especially  have  the  right  and  power  and  it 
shall  be  its  duty  to  fix  and  regulate  the  rates  or  tolls 
to  be  charged  by  the  owners  or  operators  of  all  such 
telephone  lines,  stations  or  exchanges,  for  the  trans- 
mission of  intelligence  for  hire,  and  to  require  rea^nable 
connections  to  be  made  and  maintained,  when  practic- 
able, between  such  lines,  stations,  or  exchanges,  and  to 
fix  and  regulate  reasonable  rates,  tolls  or  compensation 
therefor,  and  also  to  require  reasonable  connections  to* 
be  made  and  maintained,  when  practicable,  between  any 
such  lines,  stations  or  exchanges,  and  the  lines  or  sta- 
tions of  private  individuals,  firms  or  corporations  de- 
siring such  connections,  and  to  fix  and  regulate  the 
rates,  tolls  or  compensation  therefor;  and  also  to  make 
and  enforce  rules  and  regulations  by  which  all  persons, 
firms  or  corporations,  owning  or  operating  telephone  lines. 
Btations  or  exchanges  in  this  State  for  the  transmission 
of  intelligence  for  hire,  shall  be  governed  in  the  con- 
duct of  said  business;  provided,  that  in  cities  and 
towns  where  franchises  have  been  granted  by  any  city  or 
town  to  operate  and  maintain  a  telephone  exchange  or  ex- 
changes and  the  rates  and  tolls  are  fixed  in  any  such  fran- 
chise so  granted,  nothing  herein  shall  permit  any  increase 
in  the  rates  and  tolls  so  fixed  for  service  now  furnished 
whether  local  or  otherwise,  except  by  agreement  with , 
(he  municipal  authorities  in  any  such  city  or  town  and ' 
the  subscribers;   provided,  further,  that,  except  by  agree- 


1238 


National  Association  of  Railway  Commissioners 


ment  with  the  subscribers,  no  change  shall  be  made  in 
any  existing  rates  without  a  hearing  by  said  commis- 
sion, which  shall  be  had  at  such  time  and  place  as  shall 
be  designated  by  said  commission  most  convenient  to  the 
parties  interested,  and  of  which  the  said  commission 
shall  publish  a  notice  in  at  least  one  newspaper  most 
likely  to  give  notice  to  the  parties  interested,  once  a 
week   for  at   least   four  weeks. 

Enforcement  of  this  Act.  §  166.  That  for  the  purpose 
of  enforcing  and  carrying  into  effect  the  provisions  of 
this  Act,  and  making  such  investigations  as  may  be  nec- 
essary and  proper  in  enabling  it  to  discharge  the  duties 
hereby  imposed,  the  said  commission  is  hereby  invested 
with  all  the  rights,  powers  and  privileges  conferred  upon 
it  and  charged  with  all  the  duties  imposed  upon  it  or 
its  members  as  railroad  commissioners,  by  the  laws  of 
this  State  for  like  purposes  in  regard  to  railroads,  ex- 
press and  telegraph  lines,  and  the  persons,  firms  or  cor- 
porations  owning  or   operating  them. 

Penalty  for  ivilful  violation.  §  167.  That  any  person, 
firm  or  corporation  owning  or  operating  any  telephone 
line,  stations  or  exchange  in  this  State,  for  the  trans- 
mission of  intelligence  for  hire,  who  shall  wilfully 
violate  any  of  the  provisions  of  this  Act,  or  fail  or  refuse 
to  obey  any  of  the  orders  of  said  commission,  shall  for- 
feit and  pay  as  a  penalty  therefor  the  sum  of  $25  per 
day  for  each  day  in  default,  to  be  recovered  by  suit 
in  the  name  of  the  State  on  the  relation  of  any  per- 
son, firm  or  corporation,  aggrieved,  in  any  county  in 
which  such  violation  or  default  shall  be  committed  or 
occur.  And  the  sum  so  recovered  shall,  after  paying  all 
expenses  of  said  suit,  be  paid  into  the  treasury  of  the 
State.  It  shall  be  the  duty  of  the  attorney-general  and 
of   the    solicitors   of  the   State   to   prosecute   said   suits. 

Proportion  of  expenses.  §  168.  That  the  persons,  firms 
or  corporations  owning  or  operating  telephone  lines, 
stations  or  exchanges  in  this  State  for  the  transmission 
of  intelligence  for  hire,  shall  bear  their  proportion  of 
the  salaries  of  the  said  railroad  commission  and  the 
salaries  of  their  clerk  and  other  assistants  and  of  the 
expenses  of  their  office  along  with  the  several  corpora- 
tions mentioned  in  §  §  2066  and  2221,  of  volume  1,  of 
the  Code  of  Laws  of  South  Carolina,  1902,  and  to  that 
-end  the  comptroller-general  and  the  fiscal  officers  named 
in  said,  sections  shall  place  all  such  persons,  firms  and 
corporations  in  the  same  category  as  to  the  pay  of  the 
said  salaries  and  expenses  as  said  other  corporations,  and 
shall  assess  and  collect  their  pro  rata  of  said  salaries 
and  expenses  in  the  same  manner  as  the  pro  rata  of 
the  said  other  corporations,  and  all  the  duties,  require- 
ments, and  penalties  which  the  law  provides  for  or 
against  the  said  other  corporations  with  regard  to  said 
salaries  and  exi>enses  shall  devolve  upon  and  be  incurred 
by  every  person,  firm  or  corporation  owning  or  oper- 
ating any  telephone  line,  station  or  exchange  in  the 
State   for  the   transmission  of  intelligence   for   hire. 

Approved   February   25,   1904. 

ACTS   OP   1910,   No.  286. 

An  Act  to  establish  a  public  service  commission,  to  fix  and 
establish   in  all   cities  of  this   State  charges   for  the 
supply   of  water,  gas  or  electricity   furnished  by   any 
person,  firm  or  corporation,  to  such  city  and  the  in- 
habitants thereof,  and  to  prescribe  penalties. 
'Be  it  enacted  by  the  general  asseml>ly  of  the  Stnte  of  South 
Carolina: 
Public  service  commission  created — Powers.     §  1.     That 
there  shall  be  created  a  public  service  commission  of  three 
reputable  and  competent  citizens  of  this  State,  to  be  ap- 
pointed by  the  governor,  by  and  with  the  consent  of  the 
senate,  who  shall  be  authorized  to  fix  and  establish  in  all 
cities  of  this  State,  now  or  hereafter  incorporated  under 
any  general  or  special  law  of  this  State,  maximum  rates 
and   charges  for  the  supply  of  water,   gas  or  electricity 
furnished  by  any  person,  firm  or  corporation  to  such  city 
and  the  inhabitants  thereof,  such  rates  to  be  reasonable 
and  just. 

May    summon   certain    public    utility    corporations    for 

hearing  on  rates.     §  2.    That  upon  complaint  in  writing  of 

20  or  more  citizens  to  the  mayor  or  council  of  any  such 

.  city,  that  any  person,  firm  or  corporation  Is  charging  an 

unjust  or  unreasonable  rate  for  water,  gas  or  electricity. 


furnished  by  the  same,  the  said  city,  mayor  or  council 
may  request  the  public  service  commission  to  summon 
such  person,  the  members  of  such  firm  or  the  officers  of 
such  corporation  to  appear  before  them,  with  their  books 
relating  to  such  matters,  when  such  examination  shall  be 
made  as  may  be  necessary  to  determine  whether  or  not 
the  said  rates  are  unjust  or  unreasonable;  and  if  upon  such 
examination  the  said  public  service  commission  shall  de- 
termine that  the  said  rates  are  unreasonable  or  unjust, 
it  shall  be  their  duty  to  fix  such  rates  to  be  paid  for 
water,  gas  or  electricity  as  they  may  deem  to  be  just  and 
reasonable;  provided,  that  in  case  the  said  public  service 
commission  shall  fix  unjust  and  unreasonable  rates  the 
same  may  be  reviewed  and  determined  by  the  Circuit  Court 
of  the  county  in  which  such  city  is  located. 

Penalty  for  failure  to  accept  rates  prescribed.  §  3.  Any 
person,  firm  or  corporation  now  or  hereafter  owning  or 
operating  such  water,  gas  or  electric  plant,  who  shall 
fail  or  refuse  to  accept  the  rate  fixed  by  the  said  public 
service  commission  to  be  charged  for  water,  gas  or 
electricity,  and  instead  thereof  shall  charge,  demand  or 
receive  a  greater  amount  than  that  fixed  by  the  putUo 
service  commission  aforesaid,  shall  be  deemed  guilty  o'  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  in 
any  sum  not  less  than  $25  nor  more  than  $100,  and  ef.cU 
overcharge  to  any  consumer  of  water,  gas  or  electricity 
shall  constitute  a  separate  offense,  to  be  recovered  in  eny 
court  of  competent  jurisdiction,  one-half  of  such  fine  as  n  ay 
be  imposed  going  to  the  informer  and  the  other  half  to 
go  to  such  city  where  the  complaint  arises. 

Members  shall  give  bond — Compensation.  §  4.  The 
members  of  the  said  public  service  commission  shall  g  ve 
a  bond  of  $1,000  for  the  faithful  performance  of  their  duty, 
and  shall  each  receive  the  sum  of  $10  a  day  while  actually 
employed  and  necessary  expenses,  the  same  to  be  p  lid 
by  the  firm,  person  or  corporation  against  whom  the  ct  m- 
plaint  is  made  if  the  rates  charged  are  found  to  be  unj  ist 
or  excessive,  but  if  otherwise  then  such  expense  shall  bo 
paid  by  the  city  authorities  wherein  the  complaint  Is 
made. 

Terms  of  office.  §  5.  That  the  term  of  office  of  hs 
members  of  said  public  service  commission  shall  be  'or 
two,  four  and  six  years,  respectively,  to  be  determined  by 
lot  at  their  first  meeting,  and  every  two  years  thereaf  er 
the  governor  shall  appoint  one  member,  to  serve  foi  a 
term  of  six  years  and  until  his  successor  is  appointed  i  nd 
qualified,  any  of  said  members  to  be  removed  at  the  pl<  as- 
ure  of  the  governor;  provided,  that  the  provisions  of  taia 
Act  shall  not  apply  to  the  cities  of  Charleston,  Mari  3n, 
Spartanburg,   Sumter  and  Union,  or  the  town  of  Conv  ay, 

Repeal.  §6.  That  all' Acts  and  parts  of  Acts  incon  dis- 
tent with  this  Act  be,  and  the  same  are  hereby,  repealei  . 

Approved  the  twenty-third  day  of  February,  A.  D.  1  10 


NOTIFICATION  OF  LOSS  OF  FREIGHT. 


tC(    of 


Penalty  for  failure  to  deliver  freight  or  give  notici 
loss.     §  1.     Section  1710,  volume  1,  Code  1902,  be  amen  led 
so  as  to  read  as  follows: 

§  1710.  In  every  case  of  loss,  damage,  destruction  or 
failure  to  deliver  any  property  by  a  common  carrier,  shipped 
over  its  line  or  any  connecting  line,  it  shall  be  the  dut;  of 
the  initial,  every  intermediate  and  terminal  carrier,  uaon 
notice  of  such  loss,  damage,  destruction,  or  failure  to  de- 
liver out  within  40  days  or  to  trace  such  property  l3Bt, 
damaged,  or  destroyed  within  said  40  days.  Every  car -ier 
failing  or  refusing  to  trace  such  property  and  inform  the 
notifying  party  as  above  stated,  within  40  days  after  such 
notice,  shall  be  liable  for  the  full  amount  of  the  cliim 
for  loss,  damage,  destruction,  or  failure  to  deliver,  in  the 
same  manner  and  to  the  same  extent  as  If  such  loss,  dam- 
age, destruction,  or  failure  to  deliver  occurred  on  its  line, 
and,  in  addition  thereto,  a  penalty  of  $50,  upon  each  claim, 
to  be  recovered  in  any  court  of  competent  jurisdiction.  In 
the  same  action  with  the  claim,  or  in  a  separate  action. 
The  claimant  shall  also  be  entitled  to  recover  interest  on 
his  claim  from  the  date  of  filing  same.  If  such  Initial, 
intermediate  or  terminal  carrier  upon  the  trial  of  the  case, 
shall  prove  that  it  exercised  due  diligence  and  was  unable 
to  trace  the  property  and  inform  as  above  provided.  It 
shall  thereupon  be  excused  from  liability  under  this  Act. 
This  Act  shall  in  no  way  repeal  any  other  provisions  of 
an  Act  entitled  "An  Act  to  regulate  the  manner  in  which 


Public  Service  Laws 


1239 


common  carriers  doing  business  in  this  State  shall  adjust 
freight  charges  for  loss  of  or  damage  to  freight,"  approved 
February  23,  1903,  or  the  Acts  amendatory  thereof;  pro- 
vided, that  only  one  penalty  shall  be  recovered  upon  the 
same  cause  of  action;  and  provided,  further,  that  the 
actions  authorized  hereunder  may  be  commenced  in  any 
county  in  the  State  in  which  the  carrier  with  which  the 
claim  is  filed  is  engaged  in  business. 

Approved  the  fifteenth  day  of  February,  A.  D.   1910. 

PLACE  OF  TRIAL. 

Place  of  trial  of  claims  for  penalty  on  freight  claims. 
§  1.  That  from  and  after  the  approval  of  this  Act  by  the 
governor,  any  action  to  recover  a  penalty  for  the  loss, 
delay  or  damage  to  freight  against  any  common  carrier 
may  be  brought  in  any  county  in  this  State  where  the 
cause  of  action  for  the  damage  in  such  cas«  may  be 
brought,  before  any   court  of  coraiietcnt  jurisdiction. 

§  2.  That  all  Acts  or  parts  of  Acts  inconsistent  with 
this  Act  be,  and  the  same  are  hereby,  repealed. 

Approved  the  twenty-sixth  day  of  February,  A.  D.  1909. 

RAILROADS  MAY  SELL  ELECTRIC  POWER. 

Rights  and  poivers  of  railroad  and  street  railway  corpo- 
rations, i  1924.  All  railroad  corporations  organized  under 
the  provisions  of  this  article  shall  be  privileged  to  ac- 
quire rights  of  way  not  exceeding  75  feet  from  the  center 
of  track  in  each  direction,  and  additional  land  necessary 
for  deep  cuts,  high  fills,  borrow  pits,  and  streams,  and 
highway  changes  made  necessary  by  the  construction  of 
the  railroad;  provided,  that  In  no  case  shall  the  right  of 
way  acquired  exceed  150  feet  from  the  center  of  the  track 
In  each  direction;  and  exercise  the  same  power  with  rela- 
tion to  ^id  tracks,  depots,  crossing  other  railroads,  high- 
ways and  streams,  as  railroads  chartered  by  the  general 
assembly;  and  any  street  railway  corporation  organized 
under  the  provisions  of  this  article,  or  where  charter  may 
be  amended  hereunder,  shall  be  nuthorized  and  erripowercd, 
upon  proper  application  therefor,  to  make,  produce,  gene- 
rate and  supply  light,  power  and  heat  by  the  means  of 
electricity  and  gas,  or  either  of  them,  both  for  Its  corpo- 
rate purposes  and  for  sale  to  the  public,  subject  to  the 
restrictions  and  limitations  that  may  be  imposed  by  the 
municipality  in  which  they  may  seek  to  do  business. 

§  2.  That  all  Acts  or  parts  of  Acts  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 

Approved  the  first  day  of  March,  A.  D.  1909. 

FOREIGN  CORPORATIONS. 

ACTS  OF  1909,  No.  39. 

Ax  Act  to  amend  §§  1,  3  and  6  of  an  Act  entitled  "An  Act 
to  provide  the  manner  in  which  owners  or  projectors 
of  any  railroad  companies  incorporated  under  the  laws 
of  other  States  or  counties  may  become  incorporated 
in  this   State,"   approved   February  25,   1902,   so  as  to 
provide  a  more  practical  method  for  the  incorporation 
of  such  companies  and  their  stockholders,  owners  or 
projectors. 
Be  it  enacted  by  the  general  assembly  of  the  State  of  South 
Carolina: 
§  1.     That  §  1  of  an  Act  entitled  "An  Act  to  provide  the 
manner  in  which  owners  or  projectors  of  any  railroad  com- 
panies  Incorporated    under  the   laws  of   other   States   or 
counties  may  become  incorporated  in  this  State,"  approved 
February  25,   1902,  be,   and   hereby  is,   amended   so  as   to 
read  as  follows: 

Be  it  enacted  by  the  general  assembly  of  the  State  of  South 
Carolina: 
How  foreign  railroad  corporations  may  obtain  a  charter 
in  this  State— Civil  Code.  pp.  1917-193J, —  Petition  — What 
must  be  set  forth.  §  1.  That  each  and  every  railroad  com- 
pany be  set  forth  or  railroad  corporation  created  or  organ- 
ized under  or  by  virtue  of  the  laws  of  any  government 
or  State  other  than  this  State  and  the  stockholders,  own- 
ers or  projectors  thereof,  desiring  to  own  property  or  carry 
on  business  or  exercise  any  corporate  franchises  in  this 
State  whatsoever,  shall  first  apply  for  and  obtain  a  charter 
and  become  Incorporated  as  a  corporation  of  this  State 
in  the  following  manner,  that  is  to  say:  Said  corporation 
and  the  stockholders,  owners  or  projectors  thereof  shall 
file  or  cause  to  be  filed  in  the  office  of  the  secretary  of 


State  a  copy  of  the  charter  of  said  corporation,  duly 
authenticated  in  the  manner  directed  by  law  for  the  authen- 
tication of  the  statutes  of  the  State  or  country  under 
whose  laws  such  corporation  is  chartered  or  organized, 
accompanied  by  a  petition  signed  on  behalf  of  said  com- 
pany by  Its  president  and  secretary  and  by  one  or  more 
of  the  stockholders  of  said  company,  setting  forth:  (1)  the 
name  of  the  company  or  corporation  and  the  State  or 
government  under  the  laws  of  which  it  was  created  or 
organized;  (2)  the  residence  of  the  stockholder  or  stock- 
holdess  joining  In  the  petition;  (3)  the  place  at  which  the 
company  has  Its  principal  place  of  business  and  the  place 
at  which  it  is  proposed  to  maintain  a  principal  office  or 
place  of  business  in  this  State;  (4)  the  total  authorized 
capital  Stock  of  such  company;  (5)  that  the  company  or 
corporation  by  its  said  officers  and  the  stockholder  or 
stockholders  signing  the  petition  thereby  apply  on  behalf 
of  the  corporation  and  on  behalf  of  all  its  stockholders, 
owners  and  projectors  to  be  incorporated  under  the  laws 
of  the  State  of  South  Carolina,  with  power  to  own  property 
and  carry  on  business  and  exercise  the  corporate  franchises 
of  said  company  in  this  State  as  a  railroad  corporation 
organized  under  the  laws  of  South  Carolina;  (6)  any  other 
matter  which  it  may  be  desirable  to  set  forth  in  said  peti- 
tion. At  least  one  of  the  stockholders  signing  said  peti- 
tion shall  be  a  resident  of  this  State.  Upon  the  filing  of 
said  petition  and  of  the  copy  of  the  charter  of  said  com- 
pany and  the  payment  of  the  filing  fees  fixed  by  law  and 
the  charter  fees  provided  in  §  4  of  this  Act,  the  secretary 
of  State  shall  Issue  a  certificate  to  said  corporation  or 
company  and  the  stockholders,  owners,  or  projectors 
thereof,  to  be  known  as  a  charter,  that  the  said  corporation 
or  company  and  the  stockholders,  owners  and  projectors 
thereof  have  been  fully  organized  and  incorporated  under 
tlie  laws  of  South  Carolina  under  the  name  and  for  the 
purposes  indicated  in  said  petition,  with  the  powers 
given  by  or  under  such  charter  on  file  with  the  secretarv 
of  State  not  Inconsistent  with  the  laws  of  this  State  in- 
cluding power  to  acquire  or  purchase  on  such  terms  as 
shall  be  agreed  upon,  from  any  other  corporation  or  owner 
or  owners  or  at  judicial  or  foreclosure  or  other  sale,  and 
to  build,  lease,  own  and  operate  lines  of  railway  and  other 
property  in  this  State,  including  power  to  acquire  or  pur- 
chase on  such  terms  as  shall  be  agreed  upon,  from  any 
other  corporation  or  owner  or  owners  or  at  judicial  or 
foreclosure  or  other  sale,  and  to  build,  lease,  own  and 
operate  lines  of  railway  and  other  property  In  this  State 
with  all  rights,  powers  immunities,  privileges  and  fran- 
chises thereto  belonging,  and  to  carry  on  its  business  and 
exercise  Its  corporate  franchises  in  this  State,  and  to  hold 
its  meetings  of  stockholders  and  directors  and  to  make 
contracts  and  conduct  Its  business  within  or  without  this 
State,  but  In  all  cases  such  certificates  shall  contain  the 
further  provision  that  such  company  is  a  body  politic  or 
corporate  and  as  such  may  sue  and  be  sued  in  any  of 
the  courts  of  this  State,  and  shall  be  entitled  to  all  the 
rights  and  privileges  and  subject  to  all  the  liabilities  of 
railroad  corporations  embraced  in  what  is  called  the 
General  Railroad  Law,  being  Chapter  L  of  Volume  I  of 
the  Code  of  Laws  of  South  Carolina,  1902,  and  the  Acta 
amendatory  thereof,  as  well  as  any  Acts  now  existing  or 
hereafter  to  be  passed  regulating  the  duties,  privileges  and 
habihties  of  railroad  companies.  The  petition  and  said 
certificates  shall  be  recorded  by  the  secretary  of  State  in 
books  kept  by  him  for  that  purpose,  and  a  copy  of  said 
certificate  and  a  copy  of  the  said  charter  filed  in  the  office 
of  the  secretary  of  State  as  aforesaid  shall  be  recorded  in 
the  office  of  the  register  of  mesne  conveyances  or  clerk  of 
the  court  of  common  pleas  in  each  county  in  this  State 
in  which  the  proposed  line  of  such  company  or  corporation 
is  or  will  be  situated. 

No  irregularity  in  complying  with  the  provisions  of  this 
Act  shall  be  held  to  vitiate  the  incorporation  under  the 
laws  of  this  State  until  a  direct  proceeding  to  set  aside  and 
annul  the  certificate  issued  by  the  secretary  of  State  shall 
be  Instituted  by  the  proper  authority  of  the  State,  and  all 
Acts  done  and  contracts  entered  into  shall  have  the  same 
force  and  effect  as  if  no  irregularity  had  existed. 

When  the  secretary  of  State  Issues  such  a  certificate, 
such  foreign  railroad  corporation  and  its  stockholders, 
owners  and  projectors  shall  ipso  facto  become  a  domestic 
corporation,  and  shall  ipso  facto  be  incorporated  under  the 
laws  of  this  State,  and  shall  enjoy  the  rights  and  be  sub- 


1240 


National  Association  of  Railway  Commissioners 


ject  to  the  liabilities  of  a  domestic  corporation  and  may 
sue  and  be  sued  in  the  courts  of  this  State  and  shall  be 
subject  to  the  jurisdiction  of  this  State  as  a  corporation 
created  under  the  laws  of  the  State  of  South  Carolina. 

If  any  such  charter  or  any  part  thereof  filed  as  afore- 
said in  the  office  of  the  secretary  of  State  shall  be  in  con- 
travention or  violation  of  the  laws  of  this  State,  such 
charter,  or  such  parts  thereof,  as  are  in  conflict  with  the 
laws  of  this  State,  shall  be  without  effect  in  this  State. 

Section  3  of  Act  amended — No  charter  to  6e  granted 
unless  one  stockholder  is  a  resident  of  this  State.  §  2.  That 
§  3  of  said  Act  entitled  "An  Act  to  provide  the  manner  in 
which  owners  or  projectors  of  any  railroad  companies 
incorporated  under  the  laws  of  other  States  or  counties 
may  become  incorporated  in  this  State,"  approved  Febru- 
ary 25,  1902,  be  amended  so  as  to  read  as  follows:  That 
no  charter  shall  be  granted  to  any  such  railroad  company 
under  the  provisions  of  this  Act  or  of  the  Act  entitled  "An 
Act  to  provide  for  the  formation  of  railroad,  steamboat, 
street  railway  and  canal  companies  and  to  define  the 
powers  thereof  and  to  provide  a  mode  of  amending  the 
charters  thereof,"  approved  February  28,  A.  D.  1899,  un- 
less at  least  one  of  the  stockholders  is  a  resident  of  this 
State,  and  all  privileges  heretofore  acquired  by  any  such 
railroad  companies  doing  business  in  this  State  are  hereby 
revoked  and  repealed  on  and  after  June  1,  1902,  unless 
such  companies  have  complied  with  the  requirements  of 
this  Act. 

Shall  not  apply  to  consolidations.  §  3.  That  §  6  of  said 
Act,  entitled  "An  Act  to  provide  the  manner  in  which  own- 


H 

jorateal^ 


ers  or  projectors  of  any  railroad  companies  incorporate 
under  the  laws  of  other  States  or  counties  may  become 
incorporated  in  this  State,"  approved  February  25,  1902, 
be  amended  so  as  to  read  as  follows:  The  provisions  of 
this  Act  shall  in  no  way  abrogate  or  repeal  the  right  of 
railroad  companies  to  consolidate  according  to  law  or 
effect  consolidation  already  made  according  to  law,  when 
at  least  one  of  the  corporations  so  consolidating  is  a  cor- 
portation  of  this  State,  with  stockholders  resident  in  this 
State. 

Repeal.  §  4.  That  all  Acts  and  parts  of  Acts  Inconsis- 
tent with  this  Act  are  hereby  repealed. 

To  what  companies  applicable.  §  5.  That  the  provisions 
of  this  Act  shall  in  no  wise  apply  to  such  railroad  or  rail- 
way companies  which  have  already  complied  with  the 
prior  laws  of  this  State  in  force  at  the  time. 

In  effect  forthwith.    §  6.    This  Act  shall  take  effect  trot 
and  after  its  approval. 

Approved  the  twenty-third  day  of  February,  A.  D.  1909. 

CARRIERS'    COPIES   AS    EVIDENCE. 

§  1  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  South  Carolina,  that  it  shall  be  competent  to  introduce 
in  evidence  any  instrument  purporting  to  be  the  original 
or  copy  of  any  wa:^bill,  receipt,  bill  of  lading,  or  similar 
instrument  issued  by  any  common  carrier,  as  prima  facie 
evidence  that  the  same  is  genuine  or  is  a  true  and  correct 
copy;  provided,  the  adverse  party  shall  fail,  upon  due 
notice  given,  to  produce  the  original  Instrument. 

Approved  the  twenty-fourth  day  of  February,  A,  D.  1910. 


PUBLIC  SERVICE  LAWS  OF  SOUTH  DAKOTA 


CONSTITUTIONAL  PROVISIONS. 

[Adopted   by  popular  vote  October   1,   1889.] 

ARTICLE  III.     LEGISLATIVE  DEPARTMENT. 

§  1.  The  legislative  power  shall  be  vested  in  a  legis- 
lature whi'Ch  shall  consist  of  a  senate  and  house  of  rep- 
resentatives. Except  that  the  people  expressly  reserve 
to  themselves  the  right  to  propose  measures,  which 
measures  the  legislature  shall  enact  and  submit  to  a 
vote  of  the  electors  of  the  State,  and  also  the  right  to 
require  that  any  laws  which  the  legislature  may  have 
enacted  shall  be  submitted  to  a  vote  of  the  electors  of 
the  State  before  going  into  effect  (except  such  laws  as 
may  be  necessary  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety,  support  of  the  State  gov- 
ernment and  its  existing  public  institutions);  provided, 
that  not  more  than  5  per  centum  of  the  qualified  electors 
of  the  State  shall  be  required  to  invoke  either  the  initi- 
ative or  the  referendum.  *  »  »  This  section  shall 
not  be  construed  so  as  to  deprive  the  legislature  or 
any  member  thereof  of  the  right  to  propose  any 
measure.  The  veto  power  of  the  executive  shall  not 
be  exercised  as  to  measures  referred  to  a  vote  of  the 
people.  This  section  shall  apply  to  municipalities.  The 
enacting  clause  of  all  laws  approved  by  vote  of  the 
electors  of  the  State  shall  be:  "Be  it  enacted  by  the 
people  of  South  Dakota."  The  legislature  shall  make 
suitable  provisions  for  carrying  into  effect  the  provi- 
sions of  this  section. 

§  22.  No  Act  shall  take  effect  until  90  days  after 
the  adjournment  of  the  session  at  which  it  passed,  un- 
less in  case  of  emergency ,  (to  be  expressed  in  the  pre- 
amble or  body  of  the  Act),  the  legislature  shall  by  a 
vote  of  two-thirds  of  all  the  members  eU'cted  of  each 
house    otherwise    direct. 

§  23.  The  legislature  is  prohibited  from  enacting  any 
private  or  special  laws  in  the  following  cases:  •  »  • 
Granting  to  an  individual,  association  or  corpora,tion 
any  special  or  exclusive  privilege,  immunity  or  fran- 
chise whatever.  *  »  •  But  the  legislature  may  repeal 
any  existing  special  law  relating  to  the  foregoing  subdivi- 
sions. In  all  other  cases  where  general  law  can  be  appli- 
cable no   special   law   shall  be   enacted. 

§  24.  The  legislature  shall  have  no  power  to  re- 
lease or  extinguish,  in  whole  or  in  part,  the  indebtedness, 
liability  or  obligation  of  any  corporation  or  individual 
to  this   State,  or  to  any  municipal  corporation  therein. 

§  26.  The  legislature  shall  not  delegate  to  any 
spev:ial    commission,    private    corporation    or    association. 


41 

Lh    any     ! 


any  power  to  make,  supervise  or  interfere  with  any 
municipal  improvement,  money,  property,  effects,  whether 
held  in  trust  or  otherwise,  or  levy  taxes,  or  to  select  a 
capital  site,  or  to  perform  any  municipal  functions 
whatever, 

§  12.  No  ex  post  facto  law,  or  law  impairing  the  ob- 
ligation of  contracts  or  making  any  irrevocable  grant 
or  privilege,  franchise  or  immunity,  shall  be  passed. 

§  13.  Private  property  shall  not  be  taken  for  public 
use,  or  damaged,  without  just  compensation  as  deter- 
mined by  a  jury,  which  shall  be  paid  as  soon  as  it  can 
be  ascertained,  and  before  possession  is  taken.  No 
benefit  which  may  accrue  to  the  owner  as  the  result  of 
an  improvement  made  by  any  private  corporation  shall 
be  considered  in  fixing  the  compensation  for  property 
taken  or  damaged.  The  fee  of  land  taken  for  railroad 
tracks  or  other  highways  shall  remain  in  such  ownerS 
subject  to  the  use  for  which   it  is  taken.  ^ 

§  18.  No  law  shall  be  passed  granting  to  any  citizen, 
class  of  citizens  or  corporation,  privileges  or  immunities 
which  upon  the  same  terms  shall  not  equally  belong  tt 
all  citizens  or  corporations.  1 

§  10.     No  claim  to  any  public  lands  by  any  trespasser 
thereon   by   reason   of  o'ccupancy,   cultivation  or   improve- 
ment   thereof,    shall   ever   be   recognized;    nor   shall    con 
pensation  ever  be  made  on  account  of  any  improvement 
made   by   such   trespasser. 

ARTICLE  X.     MUNICIPAL  CORPORATIONS. 

S  2.  No  street  passenger  railway  or  telegraph  < 
telephone  line  shall  be  constructed  within  the  iimll 
of  any  village,  town  or  -city  without  the  consent  of  t 
local   authorities. 

S  3.  The  power  to  tax  corporations  and  corporal 
property  shall  not  be  surrendered  or  suspended  by  an 
contract  or  grant  to  which  the  State  shall  be  a  party. 

ARTICLE  XIII.     PUBLIC   INDEBTEDNESS. 

§  1.  Neither  the  State  nor  any  county,  township 
municipality  shall  loan  or  give  its  •credit  or  make  doni 
tions  to  or  in  aid  of  any  individual  association  or  cO' 
poration  except  for  the  necessary  support  of  the  pool 
nor  subscribe  to  or  become  the  owner  of  the  capiti 
stock  of  any  association  or  corporation,  nor  pay  or 
come  responsible  for  the  debt  or  liability  of  any  im 
vldual,  association  or  corporation;  provided,  that  tl 
State    may    assume   or   pay    such    debt   or    liability   wb 


Public  Seiivice  Laws 


1241 


incurred  in  time  of  war  for  the  defense  of  the  State. 
Nor  shall  the  State  engage  in  any  work  of  internal  im- 
provement. 

ARTICLE   XVII.     CORPORATIONS. 

§  1.  No  corporation  shall  be  created  or  have  its 
charter  extended,  changed  or  amended  by  special  laws 
except  those  for  charitable,  educational,  penal  or  re- 
formatory purposes,  which  are  to  be  and  remain  under 
the  patronage  and  control  of  the  State;  but  the  legisla- 
ture shall  provide,  by  general  laws,  for  the  organization 
of   all    corporations   hereafter   to   be   created. 

§  2.  All  existing  charters,  or  grants  of  special  or  ex- 
clusive privileges  under  which  a  bona  fide  organization 
shall  not  have  taken  place  and  business  been  com- 
menced in  good  faith  at  the  time  this  constitution  takes 
effect,    shall    thereafter   have   no   validity. 

§  3.  The  legislature  shall  not  remit  the  forfeiture 
of  the  'Charter  of  any  corporation  now  existing  nor  alter 
or  amend  the  same  nor  pass  any  other  general  or  special 
law  for  the  benefit  of  such  corporation;  except  upon  the 
condition  that  such  corporation  shall  thereafter  hold  its 
charter  subject   to  the   provisions  of  this  constitution. 

§  4.  The  exercise  of  the  right  of  eminent  domain 
shall  never  be  abridged  or  so  construed  as  to  prevent 
the  legislature  from  taking  the  property  and  franchises 
of  incorporated  companies  and  subjecting  them  to  public 
use,  the  same  as  the  property  of  individuals;  and  the 
exercise  of  the  police  power  of  the  State  shall  never  be 
abridged  or  so  'construed  as  to  permit  corporations  to 
conduct  their  business  in  such  manner  as  to  infringe 
the  equal  rights  of  individuals  or  the  general  well-being 
of  the   State. 

§  5.  In  all  elections  for  directors  or  managers  of  a 
corporation,  each  member  or  shareholder  may  cast  the 
whole  number  of  his  votes  for  one  candidate,  or  distrib- 
ute them  upon  two  or  more  candidates,  as  he  may  pre- 
fer. 

§  6.  No  foreign  corporation  shall  do  any  business 
in  this  State  without  having  one  or  more  known  places 
of  business  and  an  authorized  agent  or  agents  in  the 
same  upon  whom  process  may  be  served. 

§  7.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  authorized  in  its  charter,  nor 
shall  it  take  or  hold  any  real  estate  except  such  as  may 
be   necessary  and   proper  for   its   legitimate  business. 

§  8.  No  corporation  shall  issue  stacks  or  bonds  ex- 
cept for  money,  labor  done,  or  money  or  property  actu- 
ally received;  and  all  fictitious  increase  of  stock  or  in- 
debtedness shall  be  void.  The  stock  and  indebtedness 
of  corporations  shall  not  be  increased  except  in  pursu- 
ance of  general  law,  nor  without  the  consent  of  the  per- 
sons holding  the  larger  amount  in  value  of  the  stock 
first  obtained,  at  a  meeting  to  be  held  after  60  days' 
notice  given   in   pursuance  of  law. 

§  9^.  The  legislature  shall  have  the  power  to  alter, 
revise  or  annul  any  charter  of  any  corporation  now  ex- 
isting and  revokable  at  the  taking  effect  of  this  -consti- 
tution, or  any  that  may  be  created,  whenever  in  their 
opinion  it  may  be  injurious  to  the  citizens  of  this  State, 
In  such  a  manner,  however,  that  no  injustice  shall  be 
done  to  the  incorporators.  No  law  hereafter  enacted 
shall  create,  renew  or  extend  the  charter  of  more  than 
one  corporation. 

§  10.  No  law  shall  be  passed  by  the  legislature 
granting  the  right  to  construct  and  operate  a  street 
railroad  within  any  -city,  town  or  incorporated  village, 
without  requiring  the  consent  of  the  local  authorities 
having  the  control  of  the  street  or  highway  proposed 
to  be  occupied  by  su'ch   street  railroad. 

§  11.  Any  association  or  corporation  organized  for 
the  purpose,  or  any  individual,  shall  have  the  right  to 
construct  and  maintain  lines  of  telegraph  in  this  State 
and  to  connect  the  same  with  other  lines;  and  the  legis- 
lature shall  by  general  law  of  uniform  operation  provide 
reasonable  regulations  to  give  full  effect  to  this  section. 
No  telegraph  company  shall  consolidate  with,  or  hold 
a  controlling  interest  in  the  stock  or  bonds  of  any  other 
telegraph  company  owning  a  competing  line,  or  acquire 
by  purchase  or  otherwise,  any  other  'competing  line  of 
telegraph. 

§  12.  Every  railroad  corporation  organized  or  doing 
business  in  this  State  under  the  .laws  or  authority 
thereof,  shall  have  and  maintain  a  public  office  or  place 


in  this  State  for  the  transaction  of  its  business,  where 
transfers  of  its  stock  shall  be  made,  and  in  which  shall 
be  kept  for  public  inspection  books  in  which  shall  be 
recorded  the  amount  of  capital  stock  subscribed,  and  by 
whom;  the  names  of  the  owners  of  its  stock,  and  the 
amount  owned  by  them  respectively;  the  amount  of  stock 
paid  in,  and  by  whom;  the  transfers  of  said  stock;  the 
amount  of  its  assets  and  liabilities;  and  the  njimes  and 
pla'ce  of  residence  of  its  officers.  The  directors  of  every 
railroad  corporation  shall  annually  make  a  report,  under 
oath,  to  the  auditor  of  public  accounts  or  some  officer 
or  officers  to  be  designated  by  law,  of  all  their  acts  and 
doings,  which  report  shall  include  such  matters  relating 
to  railroads  as  may  be  prescribed  by  law.  and  the  legis- 
lature shall  pass  laws  enforcing  by  suitable  penalties  the 
provisions  of  this  section. 

§  13.  The  rolling  stock  and  all  other  movable  prop- 
erty belonging  to  any  railroad  company  or  corporation 
in  this  State  shall  be  considered  personal  property,  and 
shall  be  liable  to  execution  and  sale  in  the  same  manner 
as  the  personal  property  of  individuals,  and  the  legisla- 
ture shall  pass  no  laws  exempting  such  property  from 
exe'cution  and   sale. 

§  14.  No  railroad  corporation  shall  consolidate  its 
stock,  property  or  franchises  with  any  other  railroad 
corporation  owning  a  parallel  or  competing  line;  and  in 
no  case  shall  any  consolidation  take  place  except  upon 
public  notice  given  out,  at  least  60  days  to  all  stockhold- 
ers, in  such  manner  as  may  be  provided  by  law.  Any 
attempt  to  evade  the  provisions  of  this  section,  by  any 
railroad  corporation,  by  lease  or  otherwise,  .shall  work  a 
forfeiture  of  its  charter. 

§  15.  Railways  heretofore  constructed  or  that  may 
hereafter  be  constructed,  in  this  State,  are  hereby  de- 
clared public  highways,  and  all  railroad  and  transporta- 
tion companies  are  declared  to  be  common  carriers  and 
subject  to  legislative  control;  and  the  legislature  shall 
have  power  to  enact  laws  regulating  and  controlling  the 
rates  of  charges  for  the  transportation  of  passengers 
and  freight  as  such  common  carriers  from  one  point  to 
another  in  this  State. 

§  16.  Any  association  or  corporation  organized  for 
the  purpose  shall  have  the  right  to  construct  and  operate 
a  railroad  between  any  points  within  this  State,  and  to 
conne'ct  at  the  State  line  with  railroads  of  other  States. 
Etery  railroad  company  shall  have  the  right  with  its 
road  to  intersect,  connect  with,  or  cross  any  other  rail- 
road, and  shall  receive  and  transport  each  the  other's 
passengers,  tonnage  and  cars,  loaded  or  empty,  without 
delay  or  discrimination. 

§  17.  The  legislature  shall  pass  laws  to  correct 
abuses  and  prevent  discrimination  and  extortion  in  the 
rates  of  freight  and  passenger  tariffs  on  the  different 
railroads  in  this  State,  and  enforce  such  laws  by  ade- 
quate penalties  to  the  extent,  if  necessary  for  that  pur- 
pose, of  forfeiture  of  their  property  and  franchises. 

§  18.  Municipal  and  other  corporations  and  individu- 
als invested  with  the  privilege  of  taking  private  property 
for  publi'c  use  shall  make  just  compensation  for  property 
taken,  injured  or  destroyed,  by  the  construction  or  en- 
largement of  their  works,  highways  or  improvements, 
which  compensation  shall  be  paid  or  secured  before 
such  taking,  injury  or  destruction.  The  legislature  Is 
hereby  prohibited  from  depriving  any  person  of  an  ap- 
peal from  any  preliminary  assessment  of  damages  against 
any  such  corporation  or  individuals  made  by  viewers  or 
otherwise;  and  the  amount  of  such  damages  in  all  cases 
of  appeal  shall,  on  the  demand  of  either  party,  be  de- 
termined by  a  jury  as  in  other  civil  cases. 

§  19.  The  term  "corporations,"  as  used  in  this  arti- 
cle, shall  be  construed  to  include  all  joint  stock  com- 
panies or  asso-oiations  having  any  of  the  powers  or 
privileges  of  corporations  not  possessed  by  individuals 
or    partnerships. 

§  20.  Monopolies  and  trusts  shall  never  be  allowed 
in  this  State  and  no  incorporated  company,  -copartner- 
ship or  association  of  persons  in  this  State  shall  directly 
or  indirectly  combine  or  make  any  contract  with  any 
incorporated  company,  foreign  or  domestic,  through  their 
stockholders  or  the  trustees  or  assigns  of  such  stockhold- 
ers, or  with  any  copartnership  or  association  of  persons, 
or  in  any  manner  whatever  to  fix  the  prices,  limit  the 
produ'ction  or  regulate  the  transportation  of  any  product 
or  commodity  so  as  to  prevent  competition  in  such  prices, 


1242 


National  Association  of  Railway  Commissioners 


production    or    transportation    or    to    establish    excessive 
prices  therefor. 

The   legislature    shall    pass   laws   for   the    enforcement 
of    this    section    by    adequate    penalties    and    in    the    case 
of  incorporated  companies,  if  necessary  for  that  purpose, 
may,    as    a    penalty,    declare    a    forfeiture    of    their    fran- ' 
chises. 

STATUTE  LAW. 

THE   RAILBOAD   COMMISSIOX. 

Political  Code  of  South  Dakota,  chapter  4 — Public  Boards, 
Article  3 — The  Board  of  Railroad  Commissioners. 
(Vol  I.    Compiled  Laws  of  South  Dakota,  1910,  page  54.) 
Railroad  commissioners,  district.     S  186.     The  State  of 
South  Dakota  Is  divided  into  three  districts,  designated  as 
railroad    commissioner    districts,    as    follows:      The    first 
district  shall  comprise  all  that  part  of  the  State  east  of 
the    Missouri    river    and    south    of    the    second    standard 
parallel;    the  second  district  shall  comprise  all  that  part 
of   the   State   north   of  the   second   standard   parallel   and 
east  of  the   Missouri  river;    the   third   district   shall  com- 
prise   all    that    portion    of    the    State    lying    west    of    the 
Missouri  river. 

Election.  §  187.  At  the  general  election  in  the  year 
1904,  and  every  second  year  thereafter  at  such  election, 
there  shall  be  chosen  one  person  as  railroad  commis- 
sioner having  the  qualifications  prescribed  by  law,  who 
shall  hold  his  office  for  a  term  of  six  years  from  the 
first  Tuesday  after  the  first  Monday  in  .January  follow- 
ing his  election  and  until  his  successor  is  elected  and 
qualified,  which  commissioner  shall  fill  the  vacancy 
caused  by  the  expiration  of  the  term  of  office  of  the 
■commissioner  whose  term  of  oflice  expires  on  the  first 
Tuesday  after  the  first  Monday  in  .January  following  his 
said  election. 

Vacancy.  S  188.  If  a  vacancy  occurs  in  the  office  of  rail- 
road commissioner,  from  death,  resignation  or  otherwise, 
the  governor  of  the  State  shall  make  temporary  appoint- 
ment to  fill  such  vacancy,  but  the  person  so  appointed 
shall  hold  such  office  only  until  the  next  general  election 
and  until  his  successor  is  elected  and  qualified.  And, 
notwithstanding  such  appointment,  there  shall  be  chosen 
at  the  next  general  election  after  such  vacancy  occurs 
in  su'ch  office,  a  railroad  commissioner  to  fill  such  ,va- 
cancy,  who  shall  hold  his  office  only  for  the  unexpired 
term   of  the   person  originally  elected   thereto. 

Qualification.  §  189.  No  person  shall  be  eligible  to  the 
office  of  railroad  commissioner  except  a  citizen  of  the 
United  States,  a  qualified  elector  of  this  State,  and  who 
shall  have  attained  the  age  of  25  years  and  shall  have 
resided  within  this  State  for  at  least  two  years  next 
preceding  his  election,  and  at  the  time  of  his  election  be 
a  resident  of  the  district  for  whicn  he  is  elected,  and 
who  is  not  the  owner  of  any  bonds  or  stocks  in  any 
railroad  company,  or  in  the  employment  of,  or  in  any 
manner  pecuniarily  interested  in,  any  railroad  or  in  any 
railroad   corporation,    public   warehouse   or   elevator. 

Secretary.  §  190.  The  railroad  comissioners  so  elected 
shall  constitute  a  board  to  be  known  and  designated  as 
the  Board  of  Railroad  Commissioners  of  the  State  of 
South  Dakota,  and  they  shall  have  power  to  elect  a 
secretary   and    prescribe   his   duties. 

Regular  meeting.  §  191.  The  board  of  railroad  com- 
missioners shall  hold  regular  meetings  at  least  once  each 
month  at  their  office,  which  shall  be  located  at  some 
central  point  within  the  State  to  be  selected  by  a  ma- 
jority of  said   commissioners. 

Power  and  duties.  5  192.  The  said  board  of  railroad 
commissioners  may  In  all  cases  conduct  its  proceedings, 
when  not  otherwise  particularly  prescribed  by  law,  in 
such  manner  and  places  as  will  best  conduce  to  the 
proper  dispatch  of  business  and  to  the  ends  of  justice. 
A  majority  of  the  commissioners  shall  constitute  a  quo- 
rum for  the  transaction  of  business,  but  no  commissioner 
shall  participate  in  any  hearing  or  proceedings  in  which 
he  has  any  pecuniary  interest.  Said  commissioners  may 
from  time  to  time  make  or  amend  such  general  rules 
or  orders  as  may  be  requisite  for  the  order  and  regula- 
tion of  proceedings  before  it,  including  forms  and  notices 
and  the  service  thereof,  which  shall  conform  as  nearly 
as  may  be  to  those  in  use  in  the  courts  of  this  State. 
Any  party  may   appear  before  said  board  of  commission- 


k 


ngf     I 


ers  and  be  heard  in  i>erson  or  by  attorney.  Every  vote 
and  official  action  of  said  board  of  commissioners  shall 
be  entered  of  record  and  its  proceedings  shall  be 
public  upon  the  request  of  either  party  or  any  person 
Interested.  Said  board  of  railroad  commissioners  shall 
have  an  official  seal,  which  shall  be  judicially  noticed, 
and  every  commissioner  shall  have  the  right  to  adminis 
ter  oaths  and  affirmations  in  any  proceeding  pending  h 
fore   said   board. 

Annual  report — Contents.  §  193.  The  said  railroi 
commissioners  shall,  on  or  before  the  fifteenth  day  of 
November  in  each  year,  make  a  report  to  the  governor 
of  their  doings  for  the  preceding  year,  containing  such 
facts,  statements  and  explanations  as  will  disclose  the 
workings  of  the  system  of  railroad  transportation  in  this 
State  and  its  relation  to  the  general  business  and  pros- 
perity of  the  citizens  of  this  State,  and  such  suggestions 
and  recommendations  in  respect  thereto  as  may  to  them 
seem  appropriate.  Such  rei)ort  shall  also  contain  as; 
to  every   railroad  company   doing  business  in  this  State: 

1.  The  amount  of  its  capital  stock. 

2.  The  amount  of  its  preferred,  if  any,  and  th< 
amount  of  its  preferment. 

3.  The  amount  of  its  funded  debt  and  the  rate  of 
terest. 

4.  The  amount  of  its  floating  debt. 

5.  The  cash  and  present  value  of  its  road  and  eq 
ment  in  this  State,  including  permanent  way,  buildingl 
and  rolling  stock,  all  real  estate  used  exclusively  in 
operating  the  road,  and  fixtures  and  conveniences  foi 
transacting   its    business. 

6.  The  estimated  cash  value  of  all  property  owned 
by  such  railroad  company  in  this  State,  with  a  scheduk 
of  the  same,  not  including  lands  granted  in  aid  of  iti 
construction. 

7.  The   number  of  acres   situated  in   this   Slate   orii 
nally  granted  in  aid  of  the  construction  of  its  said  road 
the  United  States  or  by  this  State. 

8.  The   number  of  acres   of   said   land   remaining 
sold. 

9.  A  list  of  the  officers  and  directors,  with  their  r 
spective  places  of  residence. 

10.  Such  statistics  of  the  road  and  of  the  transporta- 
tion and  business  for  the  year  within  this  State  as  may 
in  the  judgment  of  the  commissioners  be  necessary  and 
proper  for  the  information  of  the  legislature,  or  as  may 
be  required  by  the  governor.  Such  report  shall  exhibit 
and  refer  td  the  condition  of  the  railroad  company  on 
the  first  day  of  .July  of  such  year,  and  the  details  of  its 
transportation  business  transacted  during  the  year  e 
ing  .June   30th. 

11.  The  average  amount  of  tonnage  that  can  be  cai 
ried  over  each  road  within  the  State  with  one  engine  oi 
given    power. 

Oath.  S  194.  Such  railroad  commissioners  shall  tal 
and  subscribe  the  same  oath  as  required  of  other  Stai 
officers,  and  shall  execute  to  the  State  a  bond  in  the 
penal  surp  of  $5,000,  with  sufficient  sureties,  to  be  ap- 
proved by  the  secretary  of  State  and  conditioned  for  th€ 
faithful  performance  of  his  duties,  which  oath  and  bond 
shall  be  filed  with  the  official  bonds  of  other  State  o 
ficials. 

Salarp.  §  195.  That  the  salary  of  such  commissione! 
shall  be  $1,500  each  per  annum,  and  the  salary  of  tli 
secretary   shall  not  exceed  $1,200   per  annum. 

CHAPTER  7. 

State  regulation  of  common  carriers.  To  regulate  co| 
mon  carriers  and  define  the  duties  of  the  col 
missioners  of  railroads  in  relation  thereto. 
Term  "railroad,"  "transportation."  and  "railroad  co 
poration"  defined.  §  431.  The  provisions  of  this  artitt 
shall  apply  to  the  transportation  of  passengers  and  pro 
erty,  and  to  receiving,  delivering,  storage  and  handlil 
of  property  wholly  within  this  State,  and  shall  apply  i 
all  railroads,  corporations  and  railway  comiianies,  exprei 
companies,  car  companies,  sleeping  car  companies,  frelgl 
or  freight  line  companies  and  to  any  common  carrier  I 
carriers  engaged  in  this  State  in  the  transportation 
passengers  or  property  by  railroad  therein,  and  shi 
also  be  held  to  apply  to  shipments  of  property  mai 
from    any    point    within    the    State    to    any    point    withi 


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Public  Service  Laws 


1243 


the  State  whether  the  transportation  of  the  same  shall 
be  wholly  within  the  State  or  partly  within  this  State 
and  an  adjoining  State  or  States.  The  term  "railroad" 
as  used  in  this  article  shall  include  all  bridges  or  fer- 
ries used  or  occupied  in  connection  with  any  railroad, 
and  also  the  road  in  use  by  any  corporation,  receiver, 
trustee  or  other  person  operating  a  railroad,  whether 
owned  or  operated  under  contract,  agreement,  lease  or 
otherwise,  and  the  term  "transportation"  shall  include 
all  instrumentalities  of  shipment  or  carriage,  and  the 
term  "railroad  corporation"  contained  in  this  arti'cle  shall 
be  deemed  and  taken  to  mean  all  corporations,  compa- 
nies or  individuals  now  owning  or  operating,  or  which 
may  hereafter  own  or  operate  any  railroad  in  whole  or- 
in  part  in  this  State;  and  the  provisions  of  this  article 
shall  apply  to  all  persons,  firms  and  companies  and  to 
all  associations  of  persons,  whether  incorporated  or 
otherwise,  that  shall  do  business  as  common  carriers 
upon  any  of  the  lines  of  railroad  in  this  State  (street 
railroads  excepted),  the  same  as  to  railroad  corporations 
herein   mentioned. 

Power  and  duties.  §  432.  The  railroad  commissioners 
shall  have  the  general  supervision  of  all  railroads  in  the 
State,  operated  by  steam,  and  shall  inquire  into  any 
neglect  or  violation  of  the  laws  of  this  State  hy  any 
railroad  corporation  doing  business  herein,  or  by  the 
officers,  agents  or  employes  thereof,  and  shall  also  from 
time  to  time  carefully  examine  and  inspect  the  condition 
of  ea'ch  railroad  in  this  State,  and  of  its  equipment,  and 
the  manner  of  its  conduct  and  management,  with  refer- 
ence to  the  public  safety  and  convenience.  And  if  any 
bridge  shall  be  deemed  unsafe  by  the  commissioners  they 
shall  notify  the  railroad  company  immediately,  and  it 
shall  be  the  duty  of  said  railroad  company  to  repair  and 
put  in  good  order,  within  10  days  after  receiving  said 
notice,  said  bridge.  Whenever  in  the  judgment  of  said 
railroad  commissioners  it  shall  appear  that  any  railroad 
corporation  fails,  in  any  respect  or  particular,  to  comply 
with  the  terms  of  its  charter  or  the  laws  of  the  State, 
or  whenever  in  their  judgment  any  repairs  are  necessary 
upon  its  road,  or  any  addition  to  its  rolling  stock,  or  any 
addition  to  or  change  of  its  stations  or  station  houses  or 
any  change  in  its  rates  of  fare  for  transporting  freight 
or  passengers,  or  any  change  in  the  mode  of  operating 
its  road  and  conducting  its  business  is  reasonable  and 
expedient  in  order  to  promote  the  security,  convenience 
and  accommodation  of  the  public,  said  railroad  commis- 
sioner shall  inform  such  railroad  corporations  of  the  im- 
provements and  changes  which  they  adjudge  to  be 
proper,  by  notice  thereof  in  writing  to  be  served  by 
leaving  a  copy  thereof,  certified  by  the  commissioners' 
secretary,  with  any  station  agent,  clerk,  treasurer,  or 
any  director  of  said  corporation;  and  a  report  of  the 
proceedings  shall  be  included  in  the  annual  report  of  the 
commissioners  to  the  legislature.  Nothing  in  this  section 
shall  be  construed  as  relieving  any  railroad  company 
from  their  present  responsibility  or  liability  for  damage 
to   person   or  property. 

Examine  hooks — Penalty.  §  433.  Said  commissioners 
shall  have  power  in  the  discharge  of  the  duties  of  their 
office,  to  examine  any  of  the  books,  papers  or  documents 
of  any  such  corporation,  or  to  examine  under  oath  or 
otherwise,  any  officer,  director,  agent  or  employe  of  any 
such  corporation.  They  are  empowered  to  administer 
oaths;  and  any  person  who  may  wilfully  obstruct  said 
coihmissioners  in  the  performance  of  their  duties,  or  who 
may  refuse  to  give  any  information  within  his  possession 
that  may  be  required  by  said  commissioners  within  the 
line  of  their  duty,  shall  be  deemed  guilty  of  a  misdemea- 
nor and  shall  be  liable,  on  conviction  thereof,  to  a  fine 
not  exceeding  $1,000,  in  the  discretion  of  the  court,  the 
costs  of  such  investigation  to  be  first  paid  by  the  State 
on   the   certificate  of  said   commissioners. 

Cars — Facilities — Connecting  line.  §  434.  It  shall  be  the 
duty  of  any  railroad  corporation  when  within  their 
power  to  do  so,  and  upon  reasonable  notice,  to  furnish 
suitable  cars  to  any  and  all  persons  who  may  apply 
therefor,  for  the  transportation  of  any  and  all  kinds  of 
freight,  and  to  receive  and  transport  such  freight  with 
reasonable  dispatch,  and  to  provide  and  keep  suitable 
facilities  for  the  receiving  and  handling  the  same  at  any 
depot  on  the  line  of  its  road;  and  also  to  receive  and 
transport  in  like  manner  the  empty  or  loaded  cars  fur- 


nished by  any  connecting  road,  to  be  delivered  at  any 
station  or  stations  on  the  line  of  its  road  to  be  loaded 
or  discharged,  or  reloaded  and  returned  to  the  road  so 
connecting,  and  for  compensation  it  shall  not  demand  or 
receive  any  greater  sum  than  is  accepted  by  it  from  any 
other  connecting  railroad  for  a  similar  service;  and 
said  railroad  corporation  shall  not  discriminate  in  the 
furnishing  of  cars  in  favor  of  any  corporation,  firm  or  in- 
dividual. 

Grain — Warehouse.  §  435.  Any  railroad  company  do- 
ing business  in  this  State  when  requested  by  any  person 
wishing  to  ship  grain  on  its  road  shall  receive  and  trans- 
port such  grain  in  bulk,  and  permit  the  same  to  be 
loaded  either  on  its  track  adjacent  to  its  depot,  or  at 
any  warehouse  or  sidetrack,  at  any  station,  without  dis- 
crimination or  distinction  as  to  the  manner  or  condition 
in  which  such  grain  is  offered  for  transportation,  or  as 
to  the  person,  corporation,  warehouse,  elevator  or  place 
where,  or  to  which  it  may  be  consigned,  and  shall  re- 
ceive the  same  in  carload  lots  from  wagons,  sleighs  or 
other  vehicles  on  their  sidetracks  at  any  station,  the 
same  as  when  offered  from  warehouses  or  elevators,  al- 
lowing a  reasonable  time  for  loading  them,  and  for  the 
purpose  of  loading  the  same  shall  place  the  cars  in  con- 
venient places  of  easy  access  by  wagons,  sleighs  or  other 
vehicles,  and  shall  after  the  same  shall  have  been  loaded, 
whether  at  sidetrack,  elevator,  warehouse  or  depot,  with- 
out unnecessary  delay,  proceed  to  ship  the  same  to  the 
place  where  the  same  is  consigned. 

-  Charges  reasonable  and  just — Rebate.  §  436.  All  charges 
made  for  any  service  rendered  or  to  be  rendered  in  the 
transportation  of  passengers  or  property  in  this  State 
as  aforesaid,  or  in  connection  therewith,  or  for  the  re- 
ceiving, delivering,  storage  or  handling  of  such  property, 
shall  be  reasonable  and  just;  and  every  unjust  and  un- 
reasonable charge  for  such  service  is  prohibited  and 
declared   unlawful   and. 

If  any  common  carrier,  subject  to  the  provisions  of 
this  article,  shall  directly  or  indirectly,  by  any  special 
rate,  rebate,  drawback  or  other  device,  charge,  demand, 
collect  or  receive  from  any  person  or  persons  a  greater 
or  less  compensation  for  any  service  rendered,  or  to  be 
rendered,  in  the  transportation  of  passengers  or  prop- 
erty subject  to  the  provisions  of  this  article,  than  it 
charges,  demands,  colle-cts  or  receives  from  any  other 
person  or  persons  for  doing  for  him  or  them  a  like  and 
contemporaneous  service  in  the  transportation  of  a  like 
kind  of  traffic,  such  common  carrier  shall  be  deemed 
guilty  of  unjust  discrimination,  which  is  hereby  prohibi- 
ted and  declared  to  be  unlawful;  this  section,  however, 
is  not  to  be  construed  as  prohibiting  a  less  rate  per 
100  pounds  in  a  carload  lot  than  is  charged,  collected 
or  received  for  the  same  kind  of  freight  in  less  than  a 
carload  lot. 

Preference — Discrimination.  S  437.  It  shall  be  unlaw- 
ful for  any  common  carrier,  subject  to  the  provisions  of 
this  article,  to  make  or  give  any  preference  or  advantage 
to  any  particular  person,  company,  firm,  corporation  or 
locality,  or  any  particular  description  of  traffic,  in  any  re- 
spect whatever,  or  to  subject  any  particular  person,  com- 
pany, firm,  corporation  or  locality,  or  any  particular  de- 
scription of  traffic,  to  any  prejudice  or  disadvantage  in 
any  respect  whatsoever;  provided,  however,  that  nothing 
herein  shall  be  construed  to  prevent  any  common  carrier 
from  giving  preference  as  to  time  of  shipment  of  live 
stock,  uncured  meats  or  other  perishable  property.  All 
common  carriers  subject  to  the  provisions  of  this  article 
shall,  according  to  their  respective  powers,  afford  all 
reasonable,  proper  and  equal  facilities  for  the  inter- 
change of  traffic  between  their  respective  lines,  and  for 
the  receiving,  forwarding  and  switching  of  cars  and  the 
receiving,  forwarding  and  delivering  of  passengers  and 
property  to  and  from  their  several  lines  and  to  and  from 
other  nnes  and  places  connected  therewith,  and  shall 
not  discriminate  in  their  accommodations,  rates  and 
charges  between  such  connecting  lines.  And  any  com- 
mon carrier  may  be  required  to  switch  and  transfer 
cars  for  another  for  the  purpose  of  being  loaded  or  un- 
loaded, upon  such  terms  and  conditions  as  may  be 
pres'cribed  by  the  board  of  railroad  commissioners. 

Long  and  short  haul.  §  438.  It  shall  be  unlawful  for 
any  common  carrier,  subject  to  the  provisions  of  this 
article,    to    charge   or   receive    any    greater    compensation 


lau 


j\"ational  Association  of  Eailway  Commissioners 


in  the  aggregate  for  the  transportation  of  passengers  or 
of  a  like  kind  of  property  for  a  shorter  than  for  a  longer 
distance  over  its  railroads,  all  or  any  portion  of  the 
shorter  haul  being  included  within  the  longer.  And  said 
common  carrier  shall  charge  no  more  for  transporting 
freight  to  and  from  any  point  on  its  railroad  than  a  fair 
and  just  rate  as  compared  with  the  price  it  charges  for 
the  same  kind  of  freight  transportations  to  or  from  any 
other  point. 

Pooling,  i  439.  It  shall  be  unlawful  for  any  common 
carrier,  subject  to  the  provisions  of  this  article,  to  enter 
into  any  contract,  agreement  or  combination  with  any 
other  common  carrier  or  carriers  for  the  pooling  of 
freight  of  different  and  competing  railroads,  or  divide 
between  them  the  aggregate  or  net  proceeds  of  the 
earnings  of  such  railroads  or  any  portion  thereof;  and 
in  case  of  any  agreement  for  the  pooling  of  freight  as 
aforesaid  each  day  of  its  continuance  shall  be  deemed 
a  separate   offense. 

Publish  schedule  rates,  etc. — Classification — Joint  rates 
— Mandamus — Penalty.  §  440.  Every  common  carrier 
subject  to  the  provisions  of  this  article  shall  print  and 
keep  for  public  inspection  schedules  showing  the  rates, 
fares  and  charges  for  the  transportation  of  passengers 
and  property  which  any  such  common  carrier  has  estab- 
lished, and  which  are  in  force  at  the  time  upon  its  rail- 
roads as  defined  by  the  first  section  of  this  article.  The 
schedules  printed  as  aforesaid  by  any  such  common  car- 
rier shall  plainly  state  the  place  upon  its  railroads  be- 
tween which  property  and  passengers  will  be  carried, 
and  shall  contain  the  classification  of  freight  in  force 
upon  such  railroad,  and  shall  also  state  separately  any 
terminal  charges  and  any  rules  or  regulations  which  in 
anywise  change,  affect  or  determine  any  part  of  the  ag- 
gregate of  such  aforesaid  rates,  fares  and  charges.  Such 
schedules  shall  be  plainly  printed  in  large  type  of  at 
least  the  size  of  ordinary  pica,  and  a  copy  for  the  use 
of  the  public  shall  be  kept  in  every  freight  office  and 
passenger  station  on  such  railroad  where  it  can  be  con- 
veniently inspected,  and  such  common  carrier  shall  keep 
a  printed  notice  posted  in  every  such  freight  office  or 
passenger  station  indicating  where  therein  such  schedule 
can  be  found.  No  advance  shall  be  made  in  the  rates 
and  charges  which  have  been  established  and  published 
is  aforesaid  by  any  common  carrier,  in  compliance  with 
the  requirements  of  this  section,  except  after  10  days' 
public  notice,  which  shall  plainly  state  the  changes  pro- 
IXJsed  to  be  made  in  the  schedules  then  in  force,  and 
the  time  when  increased  rates,  fares  or  charges  will  go 
into  effect;  and  the  proposed  changes  shall  be  shown  by 
printing  new  schedules,  or  shall  be  plainly  indicated 
upon  the  schedules  in  force  at  the  time  and  kept  for 
public  inspection.  Reduction  in  such  published  rates, 
fares  or  charges  may  be  made  without  previous  public 
notice,  but  whenever  any  such  reduction  is  made,  notice 
of  the  same  shall  immediately  be  publicly  posted  and  the 
changes  made  shall  immediately  be  made  public  by 
printing  new  schedules,  or  shall  immediately  be  plainly 
indicate  upon  the  schedules  at  the  time  in  force  and  kept 
for  public  inspection.  And  when  any  such  common  car- 
rier shall  have  established  and  published  its  rates,  fares 
and  charges  in  compliance  with  the  provisions  of  this 
se-otion,  it  shall  be  unlawful  for  such  common  carrier  to 
charge,  demand,  collect  or  receive  from  any  person  or 
persons  a  greater  or  less  compensation  for  the  trans- 
portation of  passengers  or  property,  or  for  any  services 
in  connection  therewith,  than  is  specified  in  such  pub- 
lished schedules  of  rates,  fares  and  charges  as  may  at 
the  time  be  In  force.  Every  common  carrier  subject  to 
the  provisions  of  this  article  shall  file  with  the  board 
of  railroad  commissioners  of  this  State  copies  of  its 
schedules  of  rates,  fares  and  charges  which  have  been 
established  and  published  in  compliance  with  the  re- 
quirements of  this  section,  and  shall  promptly  notify 
said  commissioners  of  all  changes  made  in  the  same. 
Every  such  common  carrier  shall  also  file  with  said  com- 
missioners copies  of  all  contracts,  agreements  or  ar- 
rangements with  other  common  carriers  in  relation  to 
any  trafllc  affected  by  the  provisions  of  this  article  to 
which  it  may  be  a  party.  And  in  case  where  passengers 
and  freight  pass  over  continuous  lines  or  routes  in  this 
State  operated  by  more  than  one  common  carrier,  and 
the    several    common    carriers    operating    such    lines    or 


routes  have  established  joint  tariffs  or  rates  or  fares 
or  charges  for  such  continuous  lines  or  routes,  copies 
of  such  joint  tariffs  shall  also  in  like  manner  be  filed 
with  said  commissioners.  Such  joint  rates,  fares  and 
charges  on  such  continuous  lines  so  filed  as  aforesaid 
shall  be  made  public  by  such  common  carriers  when 
directed  by  said  commissioners,  in  so  far  as  may  in  the 
judgment  of  the  commissioners  be  deemed  practicable; 
and  said  commissioners  shall  from  time  to  time  prescribe 
the  measures  of  publicity  which  shall  be  given  to  such 
rates,  fares  and  charges,  or  to  such  part  of  them  as  they 
may  deem  it  practicable  for  such  common  carrier  to  pub- 
lish, and  the  places  in  which  they  shall  be  published; 
but  no  common  carrier,  party  to  such  joint  tariff,  shall 
be  liable  for  the  failure  of  any  other  common  carrier, 
party  thereto,  to  observe  and  adhere  to  the  rates,  fares 
and  charges  thus  made  and  published.  If  any  such  com- 
mon carrier  shall  neglect  or  refuse  to  file  or  publish  its 
schedules  or  tariffs  of  rates,  fares  and  charges,  as  pro- 
vided in  this  section,  or  any  part  of  the  same,  such  com- 
mon carrier  shall,  in  addition  to  other  penalties  herein 
prescribed,  be  subject  to  a  writ  of  mandamus  to  be  is- 
sued by  any  Circuit  Court  of  the  State  in  the  judicial 
circuit  wherein  the  principal  ofllce  of  said  common  car- 
rier is  situated  or  where  such  offense  may  be  commit- 
ted. And  if  such  common  carrier  be  a  foreign  corpora- 
tion, then  such  writ  may  be  issued  by  any  Circait 
Court  in  the  judicial  circuit  where  such  common  carrier 
accepts  traffic  and  has  an  agent  to  perform  such  servii'e, 
to  compel  compliance  with  the  aforesaid  provisions  of 
this  section,  and  such  writ  shall  issue  in  the  name  of 
the  State  of  South  Dakota  at  the  relation  or  upon  the 
petition  of  the  said  board  of  railroad  commissioners 
of  this  State;  and  failure  to  comply  with  its  require- 
ments shall  be  punishable  as  and  for  a  contempt;  and 
shall  make  said  corporation  liable  to  a  penalty  of  f  { 00 
for  each  day's  failure  to  comply,  and  when  any  stch 
writ  of  mandamus  shall  be  so  applied  for  by  said  cc  m- 
missioners,  no  bond  shall  be  required  of  them  by  a  ay 
court  or  judge  in  which  or  before  whom  any  such  apili- 
cation  may  be  made. 

Continuous  carriage.  S  441.  It  shall  be  unlawful  or 
any  common  carrier,  subject  to  the  provisions  of  t  lis 
article,  to  enter  into  any  combination,  contract  or  agr  ce- 
ment, express  or  implied,  to  prevent  by  change  of  ti  ae 
schedules,  carriage  in  different  cars,  or  by  other  me£  as 
or  devices,  the  carriage  of  freight  from  being  continue  us 
from  the  place  of  shipment  to  the  place  of  destination  in 
this  State;  and  no  break  of  bulk,  stoppage  or  interr  ip- 
tlon  made  by  such  common  carrier  shall  prevent  the  c  ir- 
riage  of  freights  from  being  and  being  treated  as  <  ne 
continuous  carriage  from  the  place  of  shipment  to  i  he 
place  of  destination,  unless  such  break,  stoppage  or  int  ir- 
ruption was  made  in  good  faith  for  some  necessary  p  ir-" 
pose  and  without  any  intent  to  avoid  or  unnecessai  ily 
interrupt  such  continuous  carriage  or  to  evade  any  of 
the   provisions   of  this   article. 

Violation — Damages.  §  442.  In  case  any  common  c  ir- 
rier,  subject  to  the  provisions  of  this  article,  shall  lo, 
cause  to  be  done,  or  permit  to  be  done  any  act,  mat  er 
or  thing  in  this  article  prohibited  or  declared  to  be  m- 
lawful,  or  shall  omit  to  do  any  act,  matter  or  thing  in 
this  article  required  to  be  done,  such  common  carrier 
shall  be  liable  to  the  person  or  persons  injured  then  by 
for  the  amount  of  damages  sustained  in  consequence  of 
any  such  violation  of  the  provisions  of  this  article;  if 
recovered  without  suit  or  if  recovered  by  suit,  such  ccm- 
mon  carriers  shall  be  liable  to  the  person  or  persdns 
Injured  thereby  for  not  to  exceed  twice  the  amount  of 
damages  sustained  in  consequen-ce  of  any  such  violation 
complained  of,  together  with  costs  of  suit  and  a  reason- 
able counsel  or  attorney's  fee  to  be  fixed  by  the  court 
in  which  the  same  is  heard  on  appeal  or  otherw  se, 
which  shall  be  taxed  and  collected  as  part  of  the  ccsts 
in  the  case;  provided,  that  in  all  cases  demand  in 
writing  on  said  common  carrier  shall  be  made  for  the 
money  damages  sustained  before  suit  is  brought  for  re- 
covery under  this  section,  and  no  suit  shall  be  brog 
until   the  expiration  of   30   days  after  such   demand. 

Proceedings,  i  443.  Any  person  or  persons  clali  ^ 
to  be  damaged  by  any  common  carrier,  subject  to  itiS 
provisions  of  this  article,  may  either  make  complaint  to 
the  board  of  railroad  commissioners  of  this  State  or  may 


or   re- 

1 


Public  Service  Ll^ws 


1245 


bring  suit  in  his  or  their  own  behalf  for  the  recovery 
of  damages  for  which  any  common  carrier  may  be  liable 
under  the  provisions  of  this  article  in  any  court  of  this 
State  of  competent  jurisdiction,  but  such  person  or  per- 
sons shall  not  have  the  right  to  pursue  both  of  said 
remedies  at  the  same  time.  In  any  such  action  brought 
for  the  recovery  of  damages  the  court  before  whom  the 
same  shall  be  pending  may  compel  any  director,  officer, 
receiver,  trustee  or  agent  of  the  corporation  or  com- 
pany, defendant  in  such  suit,  to  attend,  appear  and 
testify  in  such  case,  and  may  compel  the  production  of 
the  books  and  papers  of  such  corporation  or  company 
party   to   any  such   suit. 

Pcnaltii.  §  444.  Except  as  otherwise  hereinafter  spe- 
cially provided  for,  or  relieved  from  the  consequences 
of  a  violation  of  the  law,  any  common  carrier  subject 
to  the  provisions  of  this  article,  or  whenever  any  such 
common  carrier  is  a  corporation,  any  officer  or  director 
thereof,  or  any  receiver,  trustee,  lessee,  agent  or  person 
acting  for  or  employed  by  such  corporation  who,  alone, 
or  with  any  other  corporation,  company,  person  or  party, 
shall  wilfully  do,  or  cause  to  be  done,  or  shall  wilfully 
suffer  or  permit  to  be  done  any  act,  matter  or  thing 
in  this  article  prohibited  or  declared  to  be  unlawful,  or 
who  shall  aid  or  abet  therein,  or  shall  wilfully  omit  or 
fail  to  do  any  act,  matter  or  thing  in  this  article  re- 
quired to  be  done,  or  shall  cause  or  wilfully  suffer  or 
permit  any  act,  matter  or  thing  so  dire'cted  or  required 
by  this  article  to  be  done,  not  to  be  so  done,  or  shall 
aid  or  abet  any  such  omission  or  failure,  or  shall  be 
guilty  of  any  infraction  of  this  article  or  shall  aid  or 
abet  therein,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof  in  any  Circuit  Court 
of  this  State,  be  subject  to  a  fine  not  to  ex-ceed  $5,000 
and  not  less  than  $500  for  each  offense. 

Covimission  inquire  management  railroad — Examine 
books,  etc.  S  445.  It  shall  be  the  duty  of,  and  the  board 
of  railroad  commissioners  of  this  State  shall  have 
authority,  to  inquire  into  the  management  of  the  business 
of  all  common  carriers  subject  to  the  provisions  of  this 
article,  and  shall  keep  itself  informed  as  to  the  manner 
and  method  in  which  the  same  is  conducted,  and  shall 
have  the  right  to  obtain  from  such  common  carriers  full 
and  complete  information  necessary  to  enable  the  said 
commissioners  to  perform  the  duties  and  carry  out  the 
object  for  which  said  board  was  created,  and  which  are 
contemplated  by  this  article;  and  for  the  purpose  of  this 
article  the  said  commissioners  shall  ha\ve  power  to  re- 
quire the  attendance  and  testimony  of  witnesses  and  the 
production  of  all  books,  papers,  tariffs,  schedules,  con- 
I  tracts,  agreements  and  documents  relating  to  any  matter 
tmder  investigation,  and  to  that  end  may  invoke  the  aid 
pf  any  court  of  this  State  in  requiring  the  attendance 
and  testimony  of  witnesses  and  the  production  of  books, 
papers  and  documents  under  the  provisions  of  this  sec- 
tion. And  any  court  of  this  State  within  the  jurisdiction 
of  which  such  inquiry  is  carried  on  shall,  in  case  of 
contumacy  or  refusal  to  obey  a  subpoena  or  other  proc- 
ess Issued  by  said  railroad  commissioners  to  any  common 
carrier  or  person  subject  to  the  provisions  of  this  article, 
or  other  person,  issue  an  order  requiring  such  common 
carrier  or  other  person  to  appear  before  said  commis- 
sioners and  produce  their  books  and  papers  if  so  ordered, 
and  give  evidence  touching  or  in  relation  to  the  matter 
in  question;  and  any  failure  to  obey  such  order  of  the 
court  shall  be  punished  by  such  court  as  a  contempt 
thereof. 

Petition — Investigate  complaints — Notice.  §  446.  Any 
person,  firm,  corporation  or  association,  or  any  mercantile, 
agricultural  or  manufacturing  society,  or  any  .body  poli- 
tic or  municipal  organization,  complaining  of  anything 
done  or  omitted  to  be  done  by  any  common  carrier  sub- 
ject to  the  provisions  of  this  article  in  contravention  of 
the  i)rovisions  thereof,  may  apply  to  said  commissioners 
by  petition,  which  shall  briefly  state  the  facts,  where- 
upon a  statement  of  the  complaint  thus  made,  with  the 
damages,  if  any  are  alleged,  shall  be  forwarded  by  the 
said  commissioners  to  such  common  carrier,  who  shall 
be  called  upon  to  satisfy  the  complaint  or  to  answer  the 
same  in  writing  within  a  reasonable  time  to  be  specified 
by  the  commissioners.  If  such  common  carrier  shall 
within  the  time  specified  make  reparation  for  the  injury 
alleged   to   have    been   done,   or    shall    correct   the   wrong 


complained  of,  said  carrier  shall  be  relieved  of  liability 
to  the  complainant  only  for  the  particular  violation  of 
law  thus  complained  of.  If  such  common  carrier  shall 
not  satisfy  the  complaint  within  the  time  specified,  or 
there  shall  appear  to  be  any  reasonable  ground  for 
investigating  said  complaint,  it  shall  be  the  duty  of  said 
commissioners  to  investigate  the  matters  complained  of, 
in  such  manner  and  by  such  means  as  said  commission- 
ers shall  deem  proper,  and  said  commissioners,  whenever 
they  may  have  sufficient  reason  to  believe  that  any  com- 
mon carrier  is  violating  any  of  the  provisions  of  this  arti- 
cle, shall  at  once  institute  an  inquiry  in  the  same  man- 
ner and  to  the  same  effect  as  though  complaint  had  been 
made.  No  complaint  shall  at  any  time  be  dismissed 
because  of  the  absence  of  direct  damage  to  the  com- 
plainant   or    petitioners. 

Report — Reparation — Findings  of  facts  prima  facie  evi- 
dence. §  447.  Whenever  an  investigation  shall  be  made 
by  said  commissioners  after  notice  as  provided  for  in 
the  preceding  section,  it  shall  be  their  duty  to  make  a 
report  in  writing  in  respect  thereto,  which  shall  include 
the  findings  of  fact  upon  which  the  conclusions  of  the 
commissioners  are  based,  together  with  its  or  their  rec- 
ommendations or  orders  as  to  what  reparation,  if  any, 
should  be  made  by  the  common  carrier  to  any  party  or 
parties  who  may  be  found  to  have  been  injured;  and 
such  finding  so  made  shall  thereafter  in  all  judicial  pro- 
ceedings be  deemed  and  taken  as  prima  facie  evidence 
as  to  each  and  every  fact  found.  All  reports  of  investi- 
gation made  by  said  commissioners  shall  be  entered  of 
record  and  a  copy  thereof  shall  be  furnished  to  the 
party  who  may  have  complained,  and  any  other  person 
or  persons  directly  interested,  and  to  any  common  car- 
rier that  may  have  been  complained  of. 

Report — Notice  to  desist  from  violation.  S  448.  If  in 
any  case  in  which  an  investigation  shall  be  made  by  said 
commissioners  it  shall  be  made  to  appear  to  the  satisfac- 
tion of  the  commissioners,  either  by  the  testimony  of  wit- 
nesses or  other  evidence,  that  anything  has  been  done  or 
omitted  to  be  done  in  violation  of  the  provisions  of  thrs 
article  or  of  any  law  cognizable  by  said  commissioners, 
by  any  common  carrier,  or  that  any  injury  or  damage  has 
been  sustained  by  the  party  or  parties  complaining,  or  by 
other  parties  aggrieved  in  consequence  of  any  suc^  viola- 
tion, it  shall  be  the  duty  of  such  commissioners  forthwith 
to  cause  a  copy  of  their  report  in  respect  thereto,  to  be 
delivered  to  such  common  carrier,  together  with  a  notice 
to  said  common  carrier  to  cease  and  desist  from  such  vio- 
lation or  to  make  reparation  for  the  injury  so  found  to 
have  been  done,  or  both,  within  a  reasonable  time  to  be 
specified  by  the  commissioners;  and  if  within  the  time 
specified  it  shall  be  made  to  appear  to  the  commissioners 
that  such  common  carrier  has  ceased  from  such  violation 
of  law  and  has  made  reparation  for  the  injury  found  to 
have  been  done  in  compliance  with  the  report  and  notice 
of  the  commissioners  or  to  the  satisfaction  of  the  party 
complaining,  a  statement  to  that  effect  shall  be  entered  of 
record  by  the  commissioners  and  the  said  common  carrier 
shall  thereupon  be  relieved  from  further  liability  for  such 
particular  violation   of  law. 

Violations  of  orders  —  Court  procedure  —  Injunction. 
§  449.  Whenever  any  common  carrier  as  defined  in  and  sub- 
ject to  the  provisions  of  this  article  shall  violate  or  refuse 
or  neglect  to  obey  any  lawful  order  or  requirement  of  the 
said  board  of  railroad  commissioners,  it  shall  be  the  duty 
of  said  commissioners,  and  lawful  for  any  company  or  per- 
son interested  in  such  order  or  requirement,  to  apply  in 
a  summary  way,  by  petition  to  the  Circuit  Court  in  any 
county  of  this  State  in  which  the  common  carrier  com- 
plained of  has  its  principal  office,  or  in  any  county 
through  which  its  line  of  road  passes  or  is  operated,  or  In 
which  the  violation  or  disobedience  of  such  order  or  re- 
quirement may  happen,  alleging  such  violation  or  dis- 
obedience, as  the  case  may  be;  and  the  said  court  shall 
have  power  to  hear  and  determine  the  matter,  on  such 
short  notice  to  the  common  carrier  complained  of  as  the 
court  shall  deem  reasonable,  and  such  notice  may  be  served 
on  such  common  carrier,  or  its  officers,  agents  or  servants 
in  such  manner  as  the  court  shall  direct;  and  said  court 
shall  proceed  to  hear  and  determine  the  matter  speedily 
as  a  court  of  equity  and  without  the  formal  pleadings  and 
proceedings  applicable  to  ordinary  suits  in  equity,  but  in 
such  manner  as  to  do  justice  in  the  premises;  and  to  this 


124G 


Nationaiv  Association  of  Kailway  Commissioners 


end  such  court  shall  have  power,  if  it  think  fit,  to  direct 
and  prosecute,  in  such  mode  and  by  such  persons  as  it  may 
appoint,  all  such  inquiries  as  the  court  may  think  needful 
to  enable  it  to  form  a  just  judgment  in  the  matter  of  such 
petition;  and  on  such  hearing  the  report  of  said  commis- 
sioners shall  be  prima  facie  evidence  of  the  matter  therein, 
or  in  any  order  made  by  them  stated;  and  if  it  be  made 
to  appear  to  such  court  on  such  hearing  or  on  the  report 
of  any  such  person  or  persons  that  the  order  or  require- 
ment of  said  commissioners  drawn  In  the  question  has  been 
violated  or  disobeyed,  it  shall  be  lawful  for  such  court  to 
issue  a  writ  of  injunction  or  other  proper  process,  man- 
datory or  otherwise,  to  restrain  such  common  carrier  from 
further  continuing  such  violation  or  disobedience  of  such 
order  or  requirement  of  said  commission  and  enjoining 
obedience  to  the  same;  and  in  case  of  any  disobedience 
of  such  writ  of  injunction  or  other  proper  process,  manda- 
tory, or  otherwise,  it  shall  be  lawful  for  such  court  to  issue 
writs  of  attachment,  or  any  other  process  of  said  court 
incident  or  applicable  to  writs  of  injunction  or  other 
proper  process,  mandatory  or  otherwise,  against  such 
common  carrier,  and  if  a  corporation,  against  one  or  more 
of  the  directors,  officers  or  agents  of  the  same,  or  against 
any  owner,  lessee,  trustee,  receiver  or  other  person  failing 
to  obey  such  writ  of  injunction  or  other  process,  mandatory 
or  otherwise;  and  said  court  may,  if  it  shall  think  fit, 
make  an  order  directing  such  common  carrier  or  other 
person  so  disobeying  such  writ  of  injunction  or  other 
process,  mandatory  or  otherwise,  to  pay  such  sum  of  money 
not  exceeding  for  each  carrier  or  person  in  default  the  sum 
of  $1,000  for  every  day  after  a  day  to  be  named  In  the 
order  that  such  carrier  or  other  person  shall  fail  to 
obey  such  injunction  or  other  process,  mandatory  or 
otherwise;  and  such  money  shall,  upon  the  order  of  the 
court,  be  paid  into  the  treasury  of  the  county  in  which 
the  action  was  commenced,  and  one-half  thereof  shall 
be  transferred  by  the  county  treasurer  to  the  State  treas- 
ury; and  the  payment  thereof  may,  without  prejudice  to 
any  other  mode  of  recovering  the  same,  be  enforced  by 
attachment  or  order,  in  the  nature  of  a  writ  of  execution, 
in  like  manner  as  if  the  same  had  been  recovered  by  a 
final  decree  in  personam  in  such  court,  saving  to  the  com- 
missioners and  to  any  other  party  or  person  interested  in 
the  right  to  appeal  to  the  Supreme  Court  of  the  State 
under  the  same  regulations  now  provided  by  law  in  relation 
to  appeals  in  said  court  as  to  security  for  such  appeal,  ex- 
cept that  in  no  case  shall  security  for  such  appeal  be  re- 
quired when  the  same  is  taken  by  said  commissioners; 
but  no  appeal  to  said  Supreme  Court  shall  operate  to  stay 
or  supersede  the  order  of  the  court,  or  the  execution  of 
any  writ  or  process  thereon;  and  such  court  may  in  every 
such  matter  order  the  payment  of  such  costs  and  attorney 
and  counsel  fees  as  shall  be  deemed  reasonable.  When- 
ever such  petition  shall  be  filed  or  presented,  or  be  prose- 
cuted by  the  said  commissioners  or  by  their  direction,  they 
may  require  the  attorney-general  of  the  State  to  prosecute 
the  same,  and  in  such  prosecution  he  shall  have  the  right 
to  have  the  assistance  of  the  State's  attorney  of  any  county 
in  which  any  such  proceedings  are  instituted;  and  It  is 
hereby  made  the  duty  of  any  State's  attorney  to  render 
such  assistance;  or  the  said  commissioners  may  employ 
any  other  attorney  or  attorneys  to  prosecute  the  same  or 
assist  the  attorney-general  of  the  State  in  such  prosecu- 
tion; and  the  costs  and  expenses  on  the  part  of  said  com- 
missioners of  any  such  prosecution  shall  be  paid  out  of 
the  appropriations  for  the  expenses  of  said  board  of  com- 
missioners. 

Powers  and  duties  of  board  of  railroad  commissioners. 
§  450.  The  board  of  railway  commissioners  of  this  State 
are  hereby  empowered  and  directed  to  make  for  each  of 
the  railroad  corporations  doing  business  in  this  State,  as 
soon  as  practicable,  a  schedule  of  reasonable  maximum 
fares  and  rates  of  charges  for  the  transportation  of  pas- 
sengers, freight  and  cars  on  each  of  said  railroads,  and  said 
power  to  make  schedules  shall  include  the  power  of  classi- 
fication of  all  such  freights,  and  it  shall  be  the  duty  of 
said  commissioners  to  make  such  classification.  Provided, 
the  maximum  compensation  per  mile  for  the  transportation 
of  any  person  with  ordinary  baggage,  not  exceeding  150 
pounds,  shall  not  be  greater  than  2%  cents  per  mile  be- 
tween points  where  the  distance  traversed  is  entirely  with- 
in this  State,  except  upon  narrow  gauge  railroads,  and 
said    railroad    commissioners    shall,    for    the    purpose    of 


making  a  maximum  fare  and  charges  for  the  transporta- 
tion of  passengers  and  freight,  classify  said  railroads  as 
far  as  practicable  according  to  the  gross  amount  of  their 
respective  annual  earnings  per  mile  within  the  State  for 
the  three  years  preceding  the  time  of  making  the  classi- 
fication, and  said  classification  may  be  changed  from  time 
to  time  as  the  railroad  commissioners  may  order.  Said 
schedules  so  made  by  said  commissioners  shall  in  all 
suits  brought  against  such  railroad  corporations,  wherein 
is  in  any  way  involved  the  charges  of  any  such  railroad 
corporation  for  the  transportation  of  passengers  and 
freight  or  cars  or  unjust  discrimination  in  relation  thereto, 
be  deemed  and  taken  in  all  courts  of  this  State  as  prima 
facie  evidence  that  the  rates  and  passenger  fares  there- 
in fixed  are  reasonable  and  just  maximum  rates  of  charges 
for  the  transportation  of  passengers,  freight  and  cars  upon 
the  railroads  for  which  said  schedules  may  have  been  re- 
spectively prepared.  Said  commissioners  shall  from  time 
to  time,  and  as  often  as  circumstances  may  require,  change 
and  revise  said  schedules.  When  any  schedule  shall  have 
been  made  or  revised  as  aforesaid.  It  shall  be  the  duty 
of  said  commissioners  to  cause  notice  thereof  to  be  pub- 
lished for  two  successive  weeks  in  two  public  newspapers 
published,  one  in  the  County  of  Minnehaha  and  one  in  the 
County  of  Lawrence,  in  this  State,  which  notice  shall  state 
the  date  of  the  taking  effect  of  said  schedule,  and  said 
schedule  shall  take  effect  at  the  time  so  stated  In  such 
notice,  and  a  printed  copy  of  said  revised  schedule  shall 
be  conspicuously  posted  by  such  common  carrier  in  each 
freight  office  and  passenger  depot  upon  Its  line  or  lines. 
All  such  schedules,  so  made,  shall  be  received  and  held 
in  all  such  suits  as  prima  facie  the  schedule  of  said  com- 
missioners without  further  proof  than  the  production  of 
the  schedule  desired  to  be  used  as  evidence,  with  a  certifi- 
cate of  said  railroad  commissioners,  that  the  same  is  a  true 
copy  of  the  schedule  prepared  by  them  for  the  railroad 
company  or  corporation  therein  named,  and  that  notice 
of  making  the  same  has  been  published  (as)  required  by 
law;  provided,  that  before  finally  fixing  and  deciding  what 
the  original  maximum  rates  and  fares  and  classifications 
shall  be,  it  shall  be  the  duty  of  the  railroad  commis- 
sioners to  publish  10  days'  notice  in  two  daily  papers  pub- 
lished, one  in  the  County  of  Minnehaha  and  one  in  the 
County  of  Lawrence,  setting  forth  in  such  notice  that  at  a 
certain  time  and  place  they  will  proceed  to  fix  and  deter- 
mine such  maximum  rates,  fares  and  classifications,  and 
they  shall  at  such  time  and  place,  and  as  soon  as  prac- 
ticable, afford  to  any  person,  firm  or  corporation  or  com- 
mon carrier  who  may  desire  it,  an  opportunity  to  make 
an  explanation  or  showing  or  to  furnish  information  to 
the  said  commissioners  on  the  subject  of  determining  and 
fixing  such  maximum  rates  and  classifications.  [Aa  . 
amended  by  Act  approved  March  4,  1907.]  | 

Unreasonable  rate — Complaint — Hearing. — Xotice.  J  451; 
Whenever  any  person  upon  his  own  behalf,  or  class  of 
persons  similarly  situated,  or  any  firm,  corporation  or 
association  or  any  mercantile,  agricultural  or  manufac- 
turing societ.v,  or  any  body  politic  or  municipal  organiza- 
tion, shall  make  complaint  to  said  board  of  railroad  com- 
missioners, that  the  rate  of  fares  charged  or  published 
by  any  railroad  company,  or  the  maximum  rates  anJ 
fares  fixed  by  said  commissioners  in  the  schedules  ol 
rates  and  fares  made  by  them  under  the  provisions  of 
the  preceding  section,  is  unreasonably  high  or  dis- 
criminating, it  shall  be  the  duty  of  said  commissioners 
to  immediately  investigate  the  matter  of  such  complaint. 
If  such  complaint  appears  to  be  well  founded  and  no 
trivial  in  "character,  the  board  shall  fix  a  day  for  hearln 
the  same  and  shall  notify  the  railroad  company  of  th 
time  and '  place  of  such  hearing  by  mailing  a  notic 
properly  directed  to  any  division  superintendent,  gener^ 
or  assistant  superintendent,  general  manager,  preside™ 
or  secretary  of  such  company,  which  notice  shall  contail 
the  substance  of  the  complaint  so  made;  and  the  board 
shall  also  notify  the  person  or  persons  complaining  of 
such  time  and  place. 

Hearing — Method — Investigations.  §  452.  Upon  such 
hearing  so  provided  for,  the  said  commissioners  shall  r^ 
ceive  whatever  evidence,  statements  or  agreements  eithe 
party  may  offer  or  make  pertinent  to  the  matter  unde 
investigation;  and  the  burden  of  proof  shall  not  be  held 
to  b€  upon  the  person  or  persons  making  the  coniplain| 
but  the  commissioners  shall  add  to  the  showing  made 


Public  Service  Laavs 


1247 


such  hearing  whatever  information  they  may  have,  or 
can  secure  from  any  source  whatsoever,  and  the  person 
or  persons  complaining  shall  be  entitled  to  introduce 
any  published  schedules  or  rates  and  fares  of  any  rail- 
road company,  or  evidence  of  rates  and  fares  actually 
charged  by  any  railroad  company,  for  substantially  the 
same  liind  of  service,  whether  in  this  State  or  any  other 
State;  and  the  lowest  rates  and  fares  piiblished  or 
charged  by  any  railroad  company  for  substantially  the 
same  kind  of  service,  whether  in  this  State  or  any  other 
State,  shall,  at  the  instance  of  the  person  or  persons 
•complaining,  be  accepted  as  prima  facie  evidence  of  a 
reasonable  rate  or  fare  for  the  service  under  investiga- 
tion, and  if  the  railroad  company  complained  of  is 
operating  a  line  of  railroad  beyond  the  State  of  South 
Dakota,  or  if  it  appears  that  it  has  a  traffic  arrange- 
ment with  any  such  railroad  company,  then  the  commis- 
sioners in  determining  what  is  a  reasonable  rate  or 
fare,  shall  take  into  consideration  the  charge  made  or 
rate  established  by  such  railroad  company,  or  the  com- 
pany with  which  it  has  traffic  arrangements  for  carry- 
ing freight  and  passengers  from  beyond  the  State  to 
points  within  the  State  and  from  within  the  State  to 
points  beyond  the  State,  and  if  such  company  bo  opera- 
ting a  line  of  railroad  beyond  the  State  they  shall  take 
into  consideration  the  rate  charged  or  established  for 
a  substantially  similar  or  greater  servi-ce  by  such  com- 
pany in  any  other' State  in  which  said  railroad  company 
operates   a   line  of   railroad. 

Decision — Record — Prima  facie  evidence.  §  453.  After 
such  hearing  and  investigation  the  said  commissioners 
shall  fix  and  determine  a  reasonable  maximum  charge 
to  be  thereafter  made  by  the  railroad  company  or  com- 
mon carriers  complained  of  and  the  said  commissioners 
shall  render  their  decision  in  writing.;  and  shall  spread 
the  same  at  length  in  the  record  to  be  kept  for  that 
purpose.  Such  decision  shall  specifically  set  out  the 
sums  or  rate  which  the  railroad  company  or  common 
•carrier  so  complained  of  may  thereafter  charge  or  re- 
ceive for  the  service  therein  named  and  including  a 
classification  of  freight,  and  the  said  commissioners 
shall  not  be  limited  in  their  said  decision  and  the  sched- 
ule to  be  contained  therein  to  the  specific  case  or  cases 
complained  of,  but  it  shall  be  extended  to  all  rates  and 
fares  between  points  in  this  State,  and  whatever  part 
of  the  line  of  railroad  of  such  company  or  common  car- 
rier within  this  State  as  may  have  been  fairly  within  the 
scope  of  su^ch  investigation,  and  any  such  decision  so 
made  and  entered  on  record  of  said  commissioners,  in- 
cluding any  such  schedule  and  classifications,  shall,  when 
duly  authenticated,  be  received  and  held  in  all  suits 
brought  against  any  such  railroad  corporation  or  common 
carrier  wherein  is  in  any  way  involved  the  charges  of 
any  such  corporation  or  common  carrier  mentioned  in 
said  de-cisions.  in  any  of  the  courts  of  this  State,  as 
prima  facie  evidence  that  the  rates  and  fares  therein 
fixed  are  reasonable  maximum  rates  and  fares  the  same 
as  the  schedules  made  by  the  commissioners  as  provided 
in  §  ,450;  and  the  rates,  fares  and  classifications  so  es- 
tablished after  such  hearing  and  investigation  shall  from 
'i  time  to  time  thereafter,  upon  complaint  duly  made,  be 
subject  to  revision  by  said  commissioners  the  same  as 
any  other  rates,   fares  and  classifications. 

Common  carriers  make  annual  report  to  commissioners. 
§  454.  The  said  board  of  railroad  commissioners  is  here- 
by authorized  to  require  annual  reports  from  all  common 
carriers  subject  to  the  provisions  of  this  article,  to  fix 
the  time  and  prescribe  the  manner  in  which  said  reports 
shall  be  made,  and  to  require  from  su'ch  carriers  specific 
answers  to  all  questions  upon  which  the  said  commis- 
sioners may  need  information.  Such  annual  reports  shall 
show  in  detail  the  amount  of  the  capital  stock  issued,  the 
amounts  paid  therefor,  and  the  manner  of  payment  of 
the  same;  the  dividends  paid;  the  surplus  fund;  if  any. 
and  the  number  of  stockholders;  the  funded  and  the 
floating  debts  and  the  interest  paid  thereon;  the  costs 
and  value  of  the  carriers'  property,  franchises  and  equip- 
ments, and  the  actual  cost  per  mile  in  building  the  road; 
the  number  of  employes,  and  the  salaries  paid  each  class; 
1lif>  amounts  expended  for  improvements  each  year,  how 
and  where  expended,  and  the  character  of  such  improve- 
ments; the  earnings  and  receipts  from  each  bran-ch  of 
business,  and  from  all  sources;   the  operating  and  other 


expenses;  the  balance  of  profit  and  loss,  and  a  complete 
exhibit  of  the  financial  operations  of  the  carrier  eaOb 
year,  including  annual  balance  sheet,  and  copies  of  all 
reports  made  by  any  station  agent  of  said  railroad  cor- 
poration in  this  State  to  the  auditor  of  said  coriwration. 
Such  reports  shall  also  contain  such  information  in  rela- 
tion to  rates  or  regulations,  concerning  fares  or  freights 
or  agreements,  arrangements  or  contra^ots  with  other 
common  carriers  as  the  commissioners  may  require. 
Such  reports  shall  also  contain  such  other  statistics  of 
the  road  and  of  its  transportation  business  for  the  year 
ending  upon  the  thirtieth  day  of  June  of  each  year  as 
the  commissioner  shall  require,  and  all  such  reports  shall 
be  made  to  said  board  of  railroad  commissioners  on  or 
before  the  fifteenth  day  of  September  of  each  year. 

Extortion — Unjust  discrimination.  §  455.  If  any  rail- 
road corporation  or  common  carrier,  subject  to  the  pro- 
visions of  this  article,  shall  charge,  •collect,  demand  or 
receive  more  than  a  fair  and  reasonable  rate  of  toll  or 
compensation  tor  the  transportation  of  passengers  or 
freight  of  any  description,  or  for  the  use  and  transpor- 
tation of  any  railroad  car  upon  its  track,  or  any  of  the 
branches  thereof,  or  upon  any  railroad  within  this  State 
whi-ch  has  the  right,  license  or  permission  to  use,  oper- 
ate or  control,  or  shall  make  any  unjust  and  unreason- 
able charge  prohibited  in  §  436.  the  same  shall  be 
deemed  guilty  of  extortion,  and  shall  be  dealt  with  as 
hereinafter  provided,  and  if  any  such  railroad  corpora- 
tion (or  common  carrier)  shall  be  found  guilty  of  any 
unjust  discrimination  as  defined  in  §  437,  upon  conviction 
thereof,  shall  be  dealt  with  as  hereinafter  provided. 

Railroad  reports — Penalty.  §  456.  The  board  of  rail- 
road •commissioners  is  also  hereby  authorized  to  require 
of  any  and  all  common  carriers,  subject  to  the  provisions, 
of  this  article,  such  other  reports,  besides  the  annual  re- 
ports hereby  required,  as  in  the  judgment  of  said  board; 
of  commissioners  shall  be  deemed  just  and  reasonable. 
Such  reports  shall  be  in  such  form  and  concerning  such, 
subjects  and  be  from  such  sources  as  the  commissioners: 
shall  require,  except  as  otherwise  provided  herein.  The 
time  when  such  reports  shall  be  filed  shall  be  fixed  by 
the  board  of  railroad  commissioners.  Any  corporation, 
company  or  individual  owning  or  operating  a  railroad 
within  this  State  which  shall  fail,  neglect  or  refuse  to 
make  any  of  the  reports  provided  for  herein  by  the  date 
fixed  herein,  or  that  fixed  by  the  board  of  railroad  com- 
missioners, shall  be  subject  to  and  pay  a  penalty  in  the 
sum  of  $100  for  each  and  every  day  of  delay  in  making 
such  reports,  after  the  date  fixed. 

Unjust  discrimination  in  rates  and  charges  prohibited. 
S  457.  If  any  such  railroad  corporation  shall  charge,  col- 
lect or  receive  for  the  transportation  of  any  passenger  or 
freight  of  any  description  upon  its  railroad  for  any  dis- 
tance within  the  State  a  greater  amount  of  toll  or  com- 
pensation than  is  at  the  same  time  charged,  collected  or 
received  for  the  transportation  in  the  same  direction  of 
any  passenger  or  like  quantity  of  freight  of  the  same  class 
over  a  greater  distance  of  the  same  railroad;  or  if  it  shall 
charge,  collect  or  receive  at  any  point  upon  its  railroad  a 
higher  rate  of  toll  or  compensation  for  receiving,  handling 
or  delivering  freight  of  the  same  class  and  quantity  than 
it  shall  at  the  same  time  charge,  collect  or  receive  for  the' 
tra;:3portatio:i  of  any  passenger  or  freigl;t  of  any  descrip- 
tion over  its  railroad,  a  greater  amount  as  toll  or  compen- 
sation than  shall  at  the  same  time  be  charged,  collected  or 
received  by  it  for  the  transportation  of  any  passenger  or 
like  quantity  of  freight  of  the  same  class  being  transported 
in  the  same  direction  over  any  portion  of  the  same  rail- 
road of  equal  distance;  or  if  it  shall  charge,  collect  or  re- 
ceive from  any  person  or  persons  a  higher  or  greater 
amount  of  toll  or  compensation  than  it  shall  at  the  same 
time  charge,  collect  or  receive  from  any  other  person  or 
persons  for  receiving,  handling  or  delivering  freight  of  the 
same  class  and  like  quantity,  at  the  same  point  upon  its 
railroad,  or  if  it  shall  charge,  collect  or  receive  from  any 
person  or  persons  for  the  transportation  of  any  freight 
upon  its  railroad,  a  lesser  or  greater  rate  of  toll  or  com- 
pensation than  it  shall,  at  the  same  time,  charge,  collect 
or  receive  from  any  other  person  or  persons  for  the  trans- 
portation of  the  like  quantity  of  freight  of  the  same  class, 
being  transported  from  the  same  point  in  the  same  direc- 
tion over  equal  distances  of  the  same  railroad,  or  if  it  shall 
charge,  collect  or  receive  from  any  person  or  persons  for 


1848 


National  Association  of  Railway  -Commissioners 


the  use  and  transportation  of  any  railroad  car  or  cars 
upon  its  railroad,  for  any  distance,  a  greater  amount  of  toll 
or  compensation  than  is  at  the  same  time  charged,  col- 
lected or  received  from  any  other  person  or  persons,  for 
the  use  and  transportation  of  any  railroad  car  of  the  same 
class  or  number,  for  a  like  purpose,  being  transported  in 
the  same  direction,  over  a  greater  distance  of  the  same 
railroad;  or  if  it  shall  charge,  collect  or  receive  from  any 
person  or  persons,  for  the  use  and  transportation  of  any 
railroad  car  or  cars  upon  its  railroad,  a  higher  or  greater 
compensation  in  the  aggregate  than  it  shall,  at  the  same 
time  charge,  collect  or  receive  from  any  person  or  persons 
for  the  use  and  transportation  of  any  railroad  car  or  cars 
for  the  same  class  for  a  like  purpose,  being  transported 
from  the  same  original  point,  in  the  same  direction,  over 
an  equal  distance  of  the  same  railroad;  all  such  discrimi- 
nating rates,  charges,  collections  or  receipts,  whether  made 
directly  or  by  means  of  any  rebate,  drawback  or  other 
shift  or  evasion,  shall  be  deemed  and  taken  against  such 
railroad  corporation,  as  prima  facie  evidence  of  the  unjust 
discriminations  prohibited  by  the  provisions  of  this  article; 
and  it  shall  not  be  deemed  a  sufficient  excuse  or  justifica- 
tion of  such  discrimination  on  the  part  of  said  railroad 
corporation  that  the  railroad  station  or  point  at  which  it 
shall  charge,  collect  or  receive  less  compensation  in  the  ag- 
gregate for  the  transportation  of  such  passenger  or  freight 
or  for  the  use  and  transportation  of  such  railroad  car  the 
greater  distance,  than  for  the  shorter  distance,  is  a  rail- 
road station  or  point  at  which  there  exists  competition 
with  any  other  railroad  or  means  of  transportation.  This 
section  shall  not  be  construed  so  as  to  exclude  other  evi- 
dence tending  to  show  any  unjust  discrimination  in  freight 
and  passenger  rates.  The  provisions  of  this  section  shall 
extend  and  apply  to  any  railroad,  the  branches  thereof,  and 
any  road  or  roads  which  any  railroad  corporation  has  the 
right,  license  or  permission  to  use,  operate  or  control 
wholly  or  in  part  within  this  State;  provided,  however, 
that  nothing  herein  contained  shall  be  so  construed  as  to 
prevent  railroad  corporations  from  issuing  commutation, 
excursion  or  thousand-mile  tickets;  provided,  the  same  are 
issued  alike  to  all  applying  therefor. 

Car  and  ton  rates — Unjust  discrimination — Prohibiied. 
§  458.  It  shall  be  unlawful  for  any  such  common  carrier 
to  charge,  collect,  demand  or  receive  more  for  tcansporting 
a  car  of  freight  than  it  at  the  same  time  charges,  collects, 
demands  or  receives  per  car  for  several  cars  of  a  like  class 
of  freight  over  the  same  railroad,  tor  the  same  distance, 
in  the  same  direction,  or  to  charge,  collect,  demand  or  re- 
ceive more  for  transporting  a  ton  of  freight  than  it  charges, 
collects,  demands  or  receives  per  ton  for  several  tons 
of  freight  under  a  carload  of  a  like  class  of  freight  over 
the  same  railroad,  for  the  same  distance  in  the  same 
direction;  or  to  charge,  collect,  demand  or  receive  more 
for  transporting  a  hundred  pounds  of  freight  than  it 
charges,  collects,  demands  or  receives  per  hundred  for  sev- 
eral hundred  pounds  of  freight,  under  a  ton,  of  a  like  class 
of  freight  over  the  same  railroad,  for  the  same  distance, 
in  the  same  direction;  all  such  discriminating  rates, 
charges,  collections  or  receipts,  whether  made  directly  or 
by  means  of  any  rebate,  drawback,  or  other  shift  or  eva- 
sion, shall  be  deemed  and  taken  against  such  railroad  con;- 
pany  as  prima  facie  evidence  of  the  unjust  discrimination 
prohibited  by  this  article;  provided,  however,  that  for  tho 
protection  and  development  of  any  new  industry  within 
this  State,  such  railroad  company  may  grant  concessions 
or  special  rates  for  any  agreed  number  of  carloads,  but 
such  special  rates  aforesaid  shall  first  be  approved  by  the 
board  of  railroad  commissioners,  and  a  copy  thereof  filed  in 
the  office  thereof. 

Penalty.  §  459.  Any  such  railroad  company  guilty  of 
extortion  or  making  unjust  discrimination  as'  to  passen- 
ger or  freight  rates  for  the  use  and  transportation  of  rail- 
road cars,  or  in  receiving,  handling  or  delivering  freights, 
shall  upon  conviction  thereof  be  fined  in  any  sum  not  less 
than  $1,000  nor  more  than  $5,000  for  the  first  offense, 
and  for  every  subsequent  offense  not  less  than  $5,000  nor 
more  than  $10,000,  such  fine  to  be  imposed  in  a  criminal 
prosecution  by  indictment,  or  shall  be  subject  to  the  lia- 
bility prescribed  in  the  next  succeeding  section,  to  be  re- 
covered as  therein  provided. 

Penalty.  §  460.  Any  such  railroad  corporation  guilty 
of  extortion  or  of  making  any  unjust  discrimination  as 
to  passenger  or  freight  rates  or  the  rates  for  the  use  and 


transportation  of  railroad  cars,  or  in  receiving,  handling, 
or  delivering  freights,  shall  forfeit  and  pay  to  the  State 
of  South  Dakota  not  less  than  $1,000  nor  more  than  $5,000 
for  the  first  offense,  and  not  less  than  $5,000  nor  more  than 
$10,000  tor  every  subsequent  offense,  to  be  recovered  in  an 
action  by  proceedings  instituted  in  the  name  of  the  State 
of  South  Dakota.  And  the  release  from  liability  or  penalty 
provided  for  in  §  448  of  this  article  shall  not  apply  to 
either  a  criminal  prosecution  under  the  last  preceding 
section  or  a  civil  action  brought  under  this  section. 

Commissioners'  suit — Preference.  §  461.  Whenever 
said  railroad  commissioners  have  good  reason  to  believe 
that  any  railroad  corporation  or  common  carrier  subject 
to  the  provisions  of  this  article  has  been  guilty  of  extor- 
tion or  unjust  discrimination  and  thereby  become  liable 
to  the  penalties  prescribed  in  §§  459  and  460  it  shall  be 
their  duty  to  immediately  cause  suits  to  be  commenced 
and  prosecuted  against  any  such  railroad  corporation  or 
common  carrier.  Such  suits  and  prosecutions  may  be  insti- 
tuted in  any  county  of  this  State  through  or  into  which  ttie 
line  of  the  railroad  corporation  sued  for  violation  of  this 
article  may  extend.  No  such  suit  commenced  by  said  com- 
missioners shall  be  dismissed  unless  the  said  commis- 
sioners shall  consent  thereto,  and  the  court  may  in  its  dis- 
cretion give  preference  to  such  suits  over  all  other  busi- 
ness  except   criminal   cases. 

Article  not  apply  to.  §  462.  Notbing  in  this  article 
shall  apply  to  the  carriage,  storage  or  handling  of  property 
free  or  at  reduced  rates  for  the  United  States  or  ttis 
State  or  municipal  governments  for  charitable  purposes, 
or  to  and  from  fairs  and  expositions  for  exhibit  thereat,  Dr 
for  the  employes  of  such  common  carriers  or  their  fam- 
ilies, or  private  property  or  goods  for  the  family  use  of  t'le 
employes  of  such  common  carriers,  or  the  issuance  of  mi  e- 
age,  excursion  or  commutation  passenger  tickets.  Nothing 
in  this  article  shall  be  construed  to  prohibit  any  common 
carrier  from  giving  reduced  rates  to  ministers  of  religicn, 
dr  to  prevent  railroads  from  giving  free  carriage  to  th<  ir 
own  officers  and  employes  and  their  families  depende  it 
upon  said  officer  or  employe  for  support,  and  to  persons  n 
charge  of  live  stock  being  shipped  from  the  point  of  ship- 
ment to  destination  and  return,  or  to  prevent  the  principal 
officers  of  any  railroad  company  or  companies  from  « x- 
changing  passes  or  tickets  with  other  railroad  compani  ^a 
for  their  officers  and  employes;  and  nothing  in  this  article 
contained  shall  in  any  way  abridge  or  alter  the  remedi  ^9 
now  existing  at  common  law  or  by  statute,  but  the  pi  o- 
visions  of  this  article  are  in  addition  to  such  remedies. 

Free  transportation.  §  463.  The  railroad  commissif  n- 
ers  and  their  secretary  shall  have  the  right  of  free  trai  s- 
portation  in  the  performance  of  their  duties  concerni  ig 
railroads,  on  all  railroads  and  railroad  trains  in  this  Sta  e, 
and  they  may  take  with  them  experts  or  other  agents  who  ie  ■ 
services  they  may  require,  and  who  shall  in  like  manner 
be  transported  free  of  charge. 

Unjust  discrimination  in  join'  rates  prohibited.  §  4' '4. 
This  article  shall  not  be  construed  to  prohibit  the  mak- 
ing of  rates  of  two  or  more  railroad  companies  for  t  le 
transportation  of  property  over  two  or  more  of  their  :  e- 
spective  lines  of  railroad  within  this  State,  and  a  less 
charge  by  each  of  said  railroad  companies  for  its  porti  )n 
of  such  joint  shipment  than  it  charges  for  a  shipment  lor 
the  same  distance  wholly  over  its  own  lines  within  tie 
State  shall  not  be  considered  a  violation  of  this  article, 
and  shall  not  render  such  railroad  company  liable  to  aiy 
of  the  penalties  of  this  article;  but  the  provisions  of  this 
section  shall  not  be  construed  to  permit  railroad  companies 
establishing  joint  rates  to  make  by  such  joint  rates  any 
unjust  discrimination  between  the  different  shipping  points 
or  stations  upon  their  respective  lines  between  which  jo  nt 
rates  are  established,  and  any  such  unjust  discrimination 
shall  be  punished  in  the  manner  and  by  the  penalties  pro- 
vided by  this  article. 

Reasonable  joint  through  rates.  §  465.  All  railrcad 
companies  doing  business  in  this  State  shall  upon  the  de- 
mand of  any  person  or  persons  interested  establish  reason- 
able joint  through  rates  for  the  transportation  of  freight 
between  points  upon  their  respective  lines  within  fnis 
State,  and  shall  receive  and  transport  freight  and  cars  over 
such  route  or  routes  as  the  shipper  shall  direct.  Carload 
lots  shall  be  transferred  without  unloading  from  the  cars 
in  which  shipments  were  first  made,  unless  such  unloading 


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in  other  cars  shall  be  done  without  charge  therefor  to 
the  shipper  or  receiver  of  such  carload  lots,  and  such 
transfer  be  made  without  unreasonable  delay;  and  less 
than  carload  lots  shall  be  transferred  into  the  connecting 
railroad's  cars  at  cost,  which  shall  be  included  in  and 
made  a  part  of  the  joint  rate  adopted  by  such  railroad  com- 
panies or  established  as  provided  by  this  article.  When 
shipments  of  freight  to  be  transported  between  different 
paints  within  this  State  are  required  to  be  carried  by 
two  or  more  railroad  companies  operating  connecting  lines, 
such  railroad  companies  shall  transport  the  same  at  rea- 
sonable through  rates  and  shall  at  all  times  give  the  same 
facilities  and  accommodations  to  local  or  State  traffic 
as  they  give  to  Interstate  traffic  over  their  lines  of  road. 

Commission  fix  joint  rate..  S  466.  In  the  event  that 
said  railroad  companies  shall  fail  to  establish  through 
joint  rates  or  fail  to  establish  and  charge  reasonable  rates 
for  such  through  shipments,  it  shall  be  the  duty  of  the 
board  of  railroad  commissioners,  and  they  are  hereby 
directed  upon  the  application  of  any  person  or  persons 
interested,  to  establish  reasonable  joint  rates  for  the  ship- 
ment of  freight  and  cars  over  two  or  more  connecting  lines 
of  railroad  in  this  State,  and  in  the  making  of  such  rates 
and  in  changing  or  revising  the  same,  they  shall  be  gov- 
erned as  near  as  may  be  by  all  the  provisions  of  this  arti- 
cle, and  shall  take  into  consideration  the  average  of  rates 
charged  by  said  railroad  companies  for  shipments  within 
this  State,  for  like  distances  over  their  respective  lines, 
and  rates  charged  by  the  railroad  companies  operating 
such  connecting  lines  for  joint  interstate  shipment  for  like 
distances.  The  rates  established  by  the  board  of  railroad 
commissioners  shall  go  into  effect  within  10  days  after 
the  same  are  promulgated  by  said  board;  and  from  and 
after  that  time  the  schedule  of  rates  shall  be  prima  facie 
evidence  in  all  of  the  courts  of  this  State  that  the  joint 
rates  therein  fixed  are  reasonable  and  just  maximum  rates 
for  the  transportation  of  freight  and  cars  upon  the  rail- 
roads for  which  such  schedules  have  been  fixed. 

Xotify  railroad  of  rates.  S  467.  Before  the  promulga- 
tion of  such  rates  as  provided  in  the  preceding  section  the 
board  of  railroad  commissioners  shall  notify  the  railroad 
companies  interested  in  the  schedule  of  joint  rates  fixed 
by  them,  and  they  shall  give  said  railroad  companies  a 
reasonable  time  thereafter  to  agree  upon  a  division  of  the 
charges  provided  tor  in  such  schedule,  and  in  the  event  of 
the  failures  of  said  railroad  companies  to  agree  upon  a 
division  and  to  notify  the  board  of  such  agreement,  the 
board  of  railroad  commissioners  shall,  after  a  hearing  of 
the  companies  interested,  decide  the  same,  taking  into  con- 
sideration the  value  of  terminal  facilities  and  all  the  cir- 
cumstances of  the  haul;  and  the  division  so  determined  by 
the  board  shall,  in  all  controversies  or  suits  between  rail- 
road companies  interested,  be  prima  facie  evidence  of  a 
just  and  reasonable  division  of  such  charges. 

Faeilities.     ji  468.     All  railroad  corporations  shall  at  all 
points    of   connection,    crossing    or    intersection    with    the 
roads  of  other  corporations,  unite  with  such  corporations 
in  establishing  and  maintaining  suitable  platforms  and  sta- 
tion houses  for  the  convenience  of  passengers  desiring  to 
transfer  from  one  road  to  the  other,  and  for  the  transfer 
of  passengers,  baggage  or  freight,  whenever  the  same  shall 
i  be  ordered  by  the  railroad  commission;  and  such  corpora- 
■  tion   shall,  when   so  ordered   by   the   railroad   commission, 
•  keep  such   depot  or  passenger  house  warmed,  lighted  and 
I  open  to  the  ingress  and  egress  of  all  passengers  a  reason- 
'  able  time  before  the  arrival  and  until  after  the  departure 
of  all  trains  carrying  passengers  on  said  railroad  or  rail- 
roads;   and  said  railroad  companies   so  connecting,  cros.s- 
ing  or  intersecting,  shall  stop  all  trains  at  said  depot  at 
said  connections,  crossings  or  intersections,  for  the  trans- 
fer of  passengers,  baggage  and  freight,  when  so  ordered 
by  the  railroad  commission,  and  the  expense  of  construct- 
ing  and    maintaining    such    station    house    and    platforms 
shall  be  paid  by  such  corporations  in  such  proportions  as 
may   be   fixed    by   the   order   of  the   railroad   commission. 
Such  corporations  connecting  by  intersection  as  aforesaid 
shall  also,  whenever  ordered  by  the  railroad  commission, 
so  unite  and   connect  the  tracks  of  said  several  corpora- 
tions as  to  permit  the  transfer  from  the  track  of  one  cor- 
poration to  the  other  of  loaded  or  unloaded  cars  designed 
b  for  transportation  upon  both  roads. 

I        Penalty.     §  469.     Any  railroad  corporation  or  company 


which,  after  having  received  90  days'  notice  by  the  rail- 
road commissioners,  shall  neglect  or  refuse  to  comply  with 
the  provisions  of  the  preceding  section,  shall,  for  every 
day  such  corporation  or  company  fails,  neglects  or  refuses 
to  comply  therewith,  forfeit  and  pay  the  sum  of  $25,  which 
may  be  recovered  in  the  name  of  the  State  of  South  Da- 
kota, for  the  use  of  the  school  fund  of  the  county  wherein 
such  crossing  or  intersection  is  situated;  and  it  shall  be  the 
duty  of  the  State's  attorney  of  the  proper  county  to  prose- 
cute for  and  recover  the  same. 

Attorney-general — Opinion.  §  470.  The  attorney-gen- 
eral of  the  State  of  South  Dakota  shall  at  all  times,  when 
requested,  give  the  railroad  commissioners  such  counsel 
and  advice  as  they  may  from  time  to  time  require;  and  it 
is  hereby  made  his  duty  to  institute  and  prosecute,  when- 
ever requested  by  the  railroad  commissioners,  any  and  all 
suits  which  said  railroad  commissioners  may  deem  it  ex- 
pedient and  proper  to  institute;  and  he  shall  render  to 
such  railroad  commissioners  all  counsel,  advice  and  opin- 
ions in  writing,  when  requested,  as  are  necessary  to  carry 
out  the  provisions  of  this  article,  or  of  any  law  of  this 
State,  according  to  the  true  intent  and  meaning  thereof.  It 
shall  likewise  be  the  duty  of  the  State's  attorney  of  any 
county  in  which  suit  is  instituted  or  prosecuted,  to  aid 
in  the  prosecution  of  the  same  to  a  final  issue  upon  the 
request  of  such  commission.  Said  commissioners  are 
hereby  also  authorized,  when  in  their  opinion  it  is  neces- 
sary or  proper,  to  employ  any  and  all  additional  legal 
counsel  to  assist  them  in  the  discharge  of  their  duties,  and 
to  conduct  and  prosecute  any  and  all  suits  they  may  de- 
termine to  bring  under  the  provisions  of  this  article  or 
any  law  of  this  State,  or  to  assist  the  attorney-general  in 
the  prosecution  of  the  same. 

Additional  penalty — Forfeiture.  §  471.  In  addition  to 
any  penalty  imposed  or  remedy  provided  in  this  article,  it 
is  further  provided  that  if  any  railroad  corporation  shall 
wilfully  continue  to  neglect  or  refuse  to  comply  with  the 
provisions  of  this  article  or  with  any  reasonable  order  or 
regulation  of  the  board  of  railroad  commissioners,  such 
neglect  or  refusal  shall  cause  a  forfeiture  of  the  franchises 
of  said  corporation,  if  the  same  be  a  domestic  corporation, 
and  if  the  same  be  a  foreign  corporation,  such  neglect  or 
refusal  shall  cause  a  forfeiture  of  all  right  and  privilege 
to  transact  its  business  within  this  State. 

Action  by  attorney-general.  5  472.  It  is  hereby  made 
the  duty  of  the  attorney-general  of  the  State  of  South  Da- 
kota to  commence  an  action  in  any  court  of  this  State  of 
competent  jurisdiction,  against  any  railroad  corporation, 
tor  the  purpose  of  having  its  corporate  franchise  forfeited, 
or  for  the  purpose  of  having  it  perpetually  enjoined  from 
transacting  any  business  within  this  State,  whenever  the 
board  of  railroad  commissioners  shall  report  to  said  attor- 
ney-general that  any  railroad  corporation  has  violated  the 
provisions  of  §  471. 

Penalty — Neglect  of  commissioner.  §'473.  If  any  rail- 
road commissioner  shall  wilfully  neglect  or  refuse  to  per- 
form the  duties  imposed  upon  him  in  this  article  he  shall 
be  deemed  guilty  of  a  misdemeanor,  and  in  addition  to  the 
punishment  provided  by  law,  such  railroad  commissioner 
shall,  upon  conviction,  forfeit  his  office. 

Shipments  of  coal.  §  474.  Any  railroad  company  doing 
business  in  this  State,  when  desired  by  any  person  wish- 
ing to  ship  coal  or  other  fuel  over  its  road,  shall  receive 
and  transport  such  coal  or  other  fuel  in  bulk,  within  a 
reasonable  time,  and  permit  the  same  to  be  loaded  either 
on  its  track  near  the  depot  or  at  any  warehouse  or  side- 
track without  any  distinction,  discrimination  or  favor 
between  one  shipper  and  ..another,  and  without  discrimi- 
nation or  distinction  as  to  the  manner  in  which  such 
coal  or  other  fuel  is  offered  for  transportation,  or  as  to 
the  person,  warehouse  or  place  where  or  to  which  it  may 
be  consigned.  Every  railroad  company  shall  permit  con- 
nections to  be  made  and  maintained  in  a  reasonable 
manner  with  its  track  to  and  from  any  coal  mine  ad- 
jacent to  or  near  any  station  or  sidetrack  on  its  line; 
provided,  however,  that  such  railroad  company  shall  not 
be  required  to  pay  the  cost  of  making  or  maintaining 
said  connections  or  of  the  siding  or  switchtra'ck  neces- 
sary to  make  the  same;  and  provided,  further,  that  a 
majority  of  the  railroad  commissioners  shall  direct  such 
railroad   to  make   such   connections  and   siding. 

Discrimination  forbidden.     §  475.     No  railroad  corpora- 


1250 


National  Association  of  Railway  Commissioners 


•tlon  shall  charge,  demand,  or  receive  from  any  person, 
company  or  corporation,  for  the  transportation  of  coal 
or  other  fuel,  a  greater  sum  than  it  shall  at  the  same 
•time  charge,  demand  or  receive  from  any  other  person, 
company  or  corporation  for  a  like  service  from  the  same 
plaice;  and  all  concessions  of  rates,  rebates,  drawbacks 
and  contracts  for  special  rates  shall  be  open  to  and 
Allowed  to  all  persons,  companies  and  corporations,  and 
they  shall  charge  no  more  for  transporting  from  any 
point  on  its  line  than  a  fair  and  just  proportion  of  the 
price  it  charges  for  the  same  kind  of  freight  transported 
from   any  other   i)oint  within   the   State. 

Free  time  aUowed  consignee.  §  476.  Any  consignee,  or 
person  entitled  to  receive  the  delivery  of  any  freight 
shipped  to  him  in  carload  lots  by  any  railroad  company, 
shall  have  24  hours,  free  of  exi>ense,  after  notice  of 
arrival  by  the  company  to  the  consignee  or  person  en- 
titled to  receive  the  same,  in  which  to  remove  the  same 
from  the  cars  of  such  railroad  company,  which  said  24 
hours  shall  be  held  to  embrace  such  time  as  the  car  con- 
taining such  property  is  placed  and  kept  by  such  rail- 
road company  in  a  convenient  and  proijer  place  for 
unloading,  and  it  shall  not  be  held  to  be  in  a  proper 
place  for  unloading  unless  it  can  be  reached  with  teams 
or  other  suitable  means  for  removing  the  property  from 
the  cars,  and  reasonably  convenient  to  the  depot  of  the 
company  at  which  it  is  accustomed  to  receive  and  unload 
merchandise  consigned  to  that  station  or  place. 

Apportionment  of  cars.  §  477.  When  any  railroad  com- 
■pany  doing  business  in  this  State  shall  be  unable,  for 
■any  reasonable  cause,  to  furnish  cars  at  any  railway 
•station  or  sidetrack  in  accordance  with  the  demands 
made  by  all  persons  demanding  cars  at  such  station  or 
sidetrack  for  the  shipment  of  a  carload  lot,  or  lots,  of 
freight,  such  cars  as  are  furnished  shall  be  divided  daily 
■as  equally  among  the  applicants  until  each  shall  have 
received  one  car,  when  the  balance  shall  be  divided 
ratably  to  each  shipper  in  proportion  to  the  amount  of 
"daily  receipts  of  grain  or  other  freight,  or  to  the  amount 
of  grain  offered  at  such  station  or  sidetrack;  provided, 
that  every  application  made  in  good  faith  on  an  earlier 
day  shall  be  filled  before  supplying  any  car  to  any  appli- 
cant  of  a   succeeding   day. 

Vonnections  at  junction  points.  §  478.  It  shall  be  tne 
duty  of  the  railroad  commissioners  to  order  all  railroad 
companies  in  this  State  to  make  connections  with  their 
passenger  trains,  where  the  same  can  be  reasonably 
done,  with  other  railroads  at  junction  points;  but  before 
itiaking  such  order  they  shall  give  30  days'  notice  in 
writing  to  a  station  agent  of  the  companies  interested 
at  such  junction  of  the  time  and  place  when  and  where 
such  companies  may  be  heard  in  opposition  to  the  mak- 
ing of  such  order. 

Duty  of  railroads.  §  479.  Whenever  such  an  order  is 
made  and  written  notice  thereof  served  on  the  station 
■agent  of  the  company  or  companies  affected,  at  the  place 
where  connection  is  ordered,  it  shall  be  the  duty  of  such 
companies  to  comply  therewith,  and  a  failure  to  do  so 
for  30  days  after  such  service  shall  subject  the  offend- 
ing company  to  a  penalty  of  $100.  and  an  additional 
penalty  of  $100  per  day  for  every  day  in  addition  to  said 
30  days,  which  penalties  may  be  recovered  in  an  action 
by  any  person  in  the  name  of  the  State;  and  when  so 
recovered,  one-half  shall  go  to  the  prosecution  and  the 
remainder  to  the  school  fund  of  the  county  where  the 
prosecution  is  had. 

•COMMISSION    M.\Y    APPEAR   BEFORE   INTERSTATE   COMMERCE    COM- 
MISSION. 

Be  it  enacted   by   the  legislature  of   the   State   of  South 
Dakota: 

State  commission  may  prosecute  claims  before  Interstate 
■Commerce  Commission.  §  1.  Whenever  a  resident  of  this 
State  shall  file  with  the  State  board  of  railroad  commis- 
sioners a  petition  directed  to  the  Interstate  Commerce 
Commission  of  the  United  States,  charging  any  railroad 
•company  or  other  common  carrier  doing  business  in  this 
State,  engaged  in  interstate  transportation  of  freight, 
■with  any  violation  of  the  Interstate  Commerce  Act  of  the 
United  States,  setting  forth  in  such  petition  the  facts 
tonstituting  such  violation,  said  board,  if  they  deem  the 
matter  one  of  public  Interest,  shall  file  said  petition 
with   said   Interstate   Commerce   Commission,   and   there- 


upon shall  appear  in  said  matter  in  the  place  of  said 
petitioner  and  thereafter  prosecute  the  same  at  the  ex- 
pense of  the  State. 

May  be  substituted  as  party.  §  2.  Whenever  any  mat- 
ter shall  be  pending  before  the  Interstate  Commerce 
Commission  of  the  United  States,  between  a  resident  of 
this  State  as  petitioner,  and  any  railroad  company  or 
other  common  carrier  doing  business  In  this  State  and 
engaged  in  interstate  transjwrtation  of  freights,  charg- 
ing such  carrier  with  any  violation  of  said  Interstate 
Commerce  Act,  upon  application  of  the  petitioner  in  said 
matter,  the  State  board  of  railroad  commissioners,  in 
case  they  deem  the  questions  involved  in  said  matter 
of  public  interest,  may  appear  therein  and  be  substituted 
as  a  party  in  pla'ce  of  such  petitioner,  and  thereafter 
such  matter  shall  be  prosecuted  by  such  board  at  the 
expense  of  the  State  in  the  same  manner  as  though 
originally  begun   by   it. 

Approved  February  9,  1909. 

VALIDITY    OF    OKDEUS    PRESUMED. 


m 


Be  it  enacted,  etc.: 

Validity  presumed — Burden  of  proof.  §  1.  In  any  ac- 
tion or  proceeding  wherein  any  order  of  the  board  of 
railroad  commissioners  shall  in  anywise  come  in  qu';s- 
tion,  the  validity  of  such  order  shall  be  presumed,  aid 
it  shall  not  be  necessary  to  allege,  or  prove,  any  ti  ct 
upon  which  the  validity  of  such  order  depends,  but  the 
burden  shall  be  upon  the  party  claiming  such  order  to 
be  invalid  to  plead  and  prove  the  facts  establishing  su3h 
invalidity. 

Repeal.     §  2.    All  Acts  and  parts  of  Acts  in  conflict  with, 
this   Act   are   hereby   repealed. 

(Approved   February  4,   1907.) 


It  f'lei 


VALUATION    OF    RAILROADS. 

Be  it  enacted,  etc.: 

Duty  of  board  of  railroad  commissioners.  §  1.  That " 
board  of  railroad  commissioners  of  this  State  is  hereby 
authorized,  empowered  and  required  to  ascertain  a  id 
determine  the  true  cash  value  of  all  the  property  of 
every  railroad  company  in  this  State  used  in  the  ope  a- 
tion  and  maintenance  of  their  respective  railways;  a  id 
for  the  purpose  of  determining  the  true  cash  value  of  t  le 
property  of  each  company,  the  board  may,  if  deem  !d 
necessary,  view  and  inspect  the  property  of  such  co  n- 
pany,  and  shall  consider  the  reports  filed  in  compliar  (i 
with  law  as  now  furnished  and  the  reports  and  the  retui  is 
of  the  company  filed  in  the  office  of  any  oflicer  of  t  is 
State,  and  such  other  evidence  or  information  as  n  ly 
have  been  taken  or  obtained  bearing  upon  the  true  ce  sh 
value  of  the  property  of  such  railroad  company.  In  ci  se. 
of  railroad  companies  which  own  or  operate  railrof  ds 
partly  within  and  partly  without  the  State,  the  bo<  r<t 
shall  only  value  the  property  within  this  State.  In 
determining  such  value,  the  value  of  the  entire  syst(  :ii. 
the  mileage  of  the  whole  system  and  of  the  part  wit  in 
this  State,  together  with  such  information,  facts  and  i  ir- 
cumstances  as  will  enable  the  board  to  make  a  s  ib- 
stantially  just  and  correct  determination,  may  tie  c  m- 
sidered.  When  the  true  cash  value  of  the  property  of 
a  railroad  company  within  this  State  shall  have  be  en 
ascertained  and  determined,  the  amount  thereof  si  all 
be  entered  upon  the  books  of  the  commissioners,  k  ^pt 
for  that  purpose,  opposite  the  name  of  the  company,  <  nd 
shall  be,  and  constitute,  the  true  cash  value  of  the  eniire 
property  of  su-ch  railroad  company  within  this  State. 

§  2.     That  such  board   shall  commence  such  valuat  on 
on    the    first   day    of    July,    1907,    and    continue  , until    the 
same   shall   have  been   completed,   and   that  the   same 
completed   as   soon  as   practicable.  Jj 

May  employ  experts.     §  3.     That  said  board  of  raiif| 

commissioners  is  hereby  authorized  and  empowered  t* 
employ  experts  and  such  other  assistance  as  may  be 
necessary  to  properly  ascertain  and  determine  the  true 
cash    value  of  said   railway   property. 

(Approved  March  2,  1907.) 

DUTIES    OF    ATTORNEY-GENERAL. 

Be  it  enacted  by  the  legislature  of  the  State  of  South 
Dakota: 
Attorney-general  legal  adviser.  5  1.  All  legal  proceed- 
ings prosecuted  or  defended  by  the  board  of  railroad 
commissioners  shall  be  conducted  by  or  under  the  direc- 
tion   of    the    attorney-general,    who    in    person,    or    by    a 


LUC 

i 


Public  Service  IjAws 


1251 


duly  appointed  assistant,  shall  have  .exclusive  charge 
thereof,  and  all  legal  advice  and  counsel  needed  by  said 
board  shall  be  furnished  upon  request  by  the  attorney- 
general.  Said  board  shall  not  be  i)ermitted  to  employ 
other    counsel. 

•  Unlawful  to  delegate  power  to  other  person.  §  2.  It  is 
hereby  made  unlawful  for  said  board  of  railroad  com- 
missioners to  delegate  any  of  the  powers  conferred  upon 
it,  or  the  performance  of  the  duties  imposed  upon  it  by 
law,  to  any  other  person,  except  in  cases  where  express 
authority  has  been  given  by  statute. 

Assistant.  §  3.  Whenever  it  shall  be  made  to  appear 
to  the  governor  that  the  board  of  railroad  commissioners 
Is  unable  to  adequately  inspect  the  public  warehouses, 
and  the  manner  of  conducting  business  therein,  and  the 
public  scales  in  the  State,  as  required  of  said  board, 
the  governor  is  hereby  authorized  and  empowered  to 
appoint  a  suitable  and  competent  inspector  to  aid  said 
board  in  making  such  inspection,  such  appointment  to  be 
for  such  time  as  the  governor  shall  designate.  The  per- 
son so  appointed  shall  qualify  by  taking  an  oath  of 
office  and  giving  a  bond  to  the  State  in  the  sum  of 
$1,000,  conditioned  upon  the  faithful  performance  of  his 
duties,  and  shall  receive  a  salary  of  $100  per  month  and 
his  necessary  traveling  expenses  during  the  period  of 
his  employment  necessarily  and  actually  Incurred  in  the 
performance  of  his  duties.  Such  inspector  shall  report 
to  the  board  of  railroad  commissioners  at  such  time  and 
in  su'oh  manner  as  said  board  may  require. 

Repeal.  §  4.  All  Acts  and  parts  of  Acts  in  conflict  with 
this   Act  are   hereby   repealed. 

(Approved    March    5,    1907.) 

RKCIPUOCAL   DE.AIURRAGE. 

Be  it  enacted,  etc.: 

Duties  of  railroad  company.  §  1.  That  any  railroad 
company  engaged  as  a  common  carrier  in  the  transpor- 
tation of  freight  in  carload  lots,  upon  the  request  of  any 
shipper  to  furnish  one  or  more  freight  cars  to  be  loaded 
for  shipment  over  the  railroad  operated  by  such  railroad 
company,  shall,  72  hours  thereafter,  Sunday  and  legal 
holidays  excepted,  provide  at  the  named  loading  point 
the  car  or  cars  so  required,  and  for  24  hours'  delay,  or 
fraction  thereof,  on  the  part  of  such  railroad  company 
in  so  placing  such  car  or  cars,  at  su-ch  loading  point 
beyond  said  allowed  period,  such  railroad  company  shall 
become  indebted,  and  on  demand  shall  pay,  to  each 
shipper  the  sum  of  %X  for  each  and  every  car  not  so 
placed  at  such  loading  point  within  the  time  above 
named;  provided,  that  any  shipper  requiring  10  or  more 
cars  placed  at  his  disposal  at  the  same  shipping  point 
at  the  same  time,  shall  give  to  any  railroad  company  from 
■which  such  cars  are  desired  at  least  six  days'  notice  of  the 
time  and  place  when  and  where  such  cars  are  desired. 

Must  start  cars  toward  destination.  §  2.  Any  railroad 
company  mentioned  in  §  1  of  this  Act,  upon  receipt  of 
notice  from  a  shipper  that  one  or  more  cars  have  been 
loaded  by  such  shipper  and  are  ready  for  delivery  to 
such  company  at  the  place  of  loading  thereof,  to  be 
carried  on  the  road  of  such  company  towards  the  desti- 
nation thereof,  shall  remove  such  car  or  cars  from  such 
loading  point  and  forward  the  same  toward  destination 
■within  24  hours  after  receiving  such  notice,  Sundays  and 
legal  holidays  excepted;  and  for  every  delay  of  24  hours, 
or  fraction  thereof,  after  the  expiration  of  the  period  here- 
in allowed  for  the  removal  thereof,  such  railroad  com- 
pany shall  become  indebted,  and  on  demand  pay,  to  such 
shipper  the  sum  of  $1  for  each  and  every  car  not  so 
removed   within   the   period   herein   provided. 

When  cars  received  from  connecting  railroad.  §  3.  Any 
railroad  company  mentioned  in  §  1  of  this  Act  which 
shall  receive  from  a  connecting  railroad  company  one 
or  more  cars  of  freight  consigned  to  any  point  on  or 
beyond  its  line  shall,  within  24  hours  after  such  car  or 
cars  are  offered  to  it,  or  are  placed  on  its  transfer  or 
other  tracks,  forward  said  car  or  cars  over  its  railroad 
towards  destination;  and  for  every  delay  of  24  hours,  or 
fraction  thereof,  on  the  part  of  said  railroad  company  In 
forwarding  said  car  or  cars,  beyond  said  allowed  period 
of  24  hours,  said  railroad  company  shall  become  In- 
debted and  upon  demand  shall  pay  to  the  consignee  of 
such  car  or  cars  the  sum  of  $1  for  each  and  every  car  so 


received    and    not    forwarded    upon    its    lines    within    the 
time  above  allowed. 

Kate  and  time  of  shipment.  §  4.  When  any  railroad 
company  in  this  State  shall  have  received  from  any 
shipper,  or  from  a  connecting  railroad,  for  shipment  over 
its  railroad  one  or  more  cars  of  freight,  it  shall  be  the 
duty  of  such  company  receiving  such  car  or  cars  of 
freight  within  24  hours  thereafter  to  start  the  same 
forward  from  the  place  of  shipment  towards  the  point 
of  destination,  and,  after  being  started  forward,  such 
car  or  cars  of  freight  shall  be  continued  in  transit  to- 
wards the  destination  thereof  at  a  rate  of  not  less  than 
an  average  speed  of  50  miles  per  day  of  24  hours,  and 
upon  the  failure  of  such  railroad  company  to  transport 
such  car  or  cars  at  the  speed  herein  indicated  such 
railroad  company  shall  become  indebted  and  on  demand 
shall  pay  to  the  consignee  thereof  $1  for  each  and  every 
car  for  each  24  hours,  or  fraction  thereof,  consumed  in 
the  transportation  of  said  car  or  cars  in  excess  of  the 
time  herein  prescribed,  and  in  ascertaining  the  time 
consumed  in  the  shipment  of  such  car  or  cars  the  time 
shall  begin  to  run  24  hours  after  the  date  of  the  bill 
of  lading  or  receipt  given  for  said  car  or  cars  by  said 
railroad  company,  which  bill  of  lading  or  receipt  shall 
be  received  by  the  courts  of  this  State  as  prima  facie 
evidence  of  the  time  when  said  car  or  cars  were  received 
by   such   company. 

Freight  must  be  delivered  to  consignee.  |  5.  It  shall 
be  the  duty  of  every  railroad  company  mentioned  in  §  1 
of  this  A'ct  to  deliver  at  the  usual  place  of  unloading  by 
the  consignee  all  cars  of  freight  hauled  by  it  for  delivery 
to  said  consignee  within  24  hours,  Sundays  and  legal 
holidays  excepted,  after  the  same  shall  have  reached 
the  yard  of  the  railroad  company  at  said  i>oint  of  desti- 
nation, and  for  each  and  every  delay  of  24  hours,  or 
fraction  thereof,  in  so  delivering  the  same  after  the 
expiration  of  the  time  herein  prescribed,  said  railroad 
company  shall  become  indebted  and  on  demand  shall 
pay  to  the  consignee  the  sum  of  $1  for  each  and  every 
car  not  so  delivered  within  the  time  herein  allowed. 

Dutv  of  shipper.  §  6.  It  shall  be  the  duty  of  any 
shipper,  in  .compliance  with  whose  request  any  railroad 
company  mentioned  in  §  1  of  this  Act  has  placed  one 
or  more  cars  at  the  usual  loading  point  of  said  shipper, 
as  indicated  by  said  shipper  to  fully  complete  the  loading 
thereof  ready  for  redelivery  to  said  railroad  company, 
within  48  hours  after  the  time  designated  in  his  request 
for  such  car  or  cars,  Sunday  and  legal  holidays  excepted, 
which  full  period  for  loading  is  allowed  the  shipper 
free  from  demurrage  charges,  and  for  every  24  hours,  or 
fraction  thereof,  of  delay  beyond  said  period  in  so  loading 
said  car  or  cars  such  shipper  shall  become  indebted  and 
on  demand  shall  pay  to  said  railroad  company  the  sum 
of  $1  for  each  and  every  car  so  placed  and  not  loaded 
and  ready  for  redelivery  within  the  time  allowed  herein. 
Such  car  or  cars  when  so  placed  shall  be  in  good  and 
fit  condition  to  receive,  hold  and  convey  the  kind  of 
freight  to  be  loaded  without  injury  to  or  loss  of  any  such 
freight,  and  no  penalty  shall  accrue  against  any  such  shipper 
for  any  car  placed  which  is  not  in  such  good  and  fit 
condition.  If  the  railroad  company  shall  fail  to  provide 
any  car  at  the  time  or  place  specified  in  any  application 
therefor,  the  shipper  may  elect  not  to  take  such  car,  and 
in  that  event  such  company  shall  become  indebted  and 
on  demand  pay  to  such  shipper  the  sum  of  $5  for  such 
car.  If,  however,  the  car  or  cars  ordered  are  provided 
at  the  time  and  place  specified  and  the  shipper  fails  to 
begin  loading  within  48  hours  after  the  expiration  of 
free  time  the  railrtjad  company  shall  consider  the  car  or 
cars  released,  and  may  assess  and  collect  $5  on  each 
car  which  a  shipper  so  detains  and  fails  to  load.  If  a 
shipper,  after  ordering  a  car  or  cars  for  the  shipment 
of  freight,  and  said  car  or  cars  have  been  placed  for 
loading  by  car  or  cars,  he  may  do  so  by  notifying  the 
railroad  company,  but  no  free  time  shall  be  allowed, 
and  said  shipper  shall  pay  to  the  railroad  company  $1 
for  each  24  hours,  or  fraction  thereof,  on  each  car  so 
ordered    and   released. 

Duty  of  consignee.  §  7.  It  shall  be  the  duty  of  the  con- 
signee of  each  and  every  car  delivered  by  any  railroad 
company  mentioned  in  §  1  of  this  Act,  at  the  usual  place  of 
unloading  by  the  consignee,  to  fully  unload  such  car  or 
cars  within  48  hours,  Sundays  and  legal  holidays  excepted. 


1852 


National  Association  of  Railway  Commissioners 


from  the  time  the  same  shall  be  placed  at  the  usual  un- 
loading point  of  the  consignee,  which  full  period  is  allowed 
the  consignee  for  unloading  free  from  demurrage  charges, 
and  for  each  and  every  delay  of  24  hours,  or  fraction 
thereof,  on  the  part  of  the  consignee  in  unloading  such 
car  or  cars  beyond  said  period  the  consignee  shall  be- 
come indebted  and  on  demand  pay  to  the  railroad  company 
delivering  such  car  or  cars  the  sum  of  |1  for  each  and 
every  car  not  so  unloaded  within  the  time  herein  pre- 
scribed. 

Bills  of  lading.  §  8.  For  all  shipments  of  freight  in 
carload  lots  on  the  railroads  mentioned  in  §  1  of  this  Act, 
proper  bills  of  lading  showing  the  date  of  delivery  to  such 
railroad  company,  the  shipper's  weights,  if  given  by  the 
shipper,  and  the  marks  and  numbers  of  each  car  so  shipped 
shall  be  issued  by  the  railroad  company  and  delivered  to 
the  shipper  at  the  time  of  receiving  such  car  or  cars, 
which  bill  of  lading,  when  offered  by  any  party  in  any 
cause  pending  in  any  court  of  this  State,  shall  be  received 
and  admitted  in  evidence  by  such  court  as  prima  facie 
evidence  of  the  time  when  delivery  of  such  car  or  cars 
was  made  by  the  shipper  to  such  railroad  company  and 
the  shipper's  weights,  if  given,  and  the  contents  thereof, 
v/hen  so  delivered  to  such  company,  and  such  railroad 
company  shall  be  subject  to  a  penalty  of  $100  for  its  neg- 
lect or  refusal  to  furnish  such  shipper  such  bill  of  lading 
for  each  car  so  received  by  it,  such  penalty  to  be  recovered, 
with  costs  of  suit,  by  the  shipper  of  such  car  or  cars  from 
the  railroad  company  so  in  default. 

Legal  notice.  §  9.  Legal  notice  as  referred  to  in  this 
Act  may  be  either  actual  or  constructive.  When  the  con- 
signee or  agent  is  personally  served  with  notice  of  arrival 
at  or  before  10  o'clock  a.  m.  of  any  day  free  time  begins 
at  that  hour,  and  if  such  consignee  or  agent  is  served 
with  such  notice  after  10  o'clock  a.  m.  and  before  6  o'clock 
p.  m.  of  any  day  free  time  begins  at  7  o'clock  a.  m.  the  day 
following.  Constructive  notice  consists  of  posting  notice 
by  mail  to  consignee.  When  this  method  of  notice  is 
adopted  there  shall  be  24  hours'  additional  tree  time;  pro- 
vided, however,  that  where  in  any  case  notice  of  arrival  is 
given  by  mail,  the  consignee  shall  make  oath  that  neither 
he,  his  agent  or  employes  have  received  such  notice,  then 
he  will  be,  prima  facie,  held  not  to  have  received  legal 
notice  by  reason  of  the  posting  of  said  notice  by  mail. 

Movement  may  he  suspended — When.  §  10.  The  period 
during  which  the  movement  of  freight  or  furnishing  cars 
is  suspended  on  account  of  accident  or  any  cause  not 
within  the  power  of  the  railroad  company  to  prevent,  or 
during  which  the  loading  or  unloading  of  freight  by  shipper 
or  consignee  is  delayed  by  reason  of  inclement  weather, 
which  would  make  loading  or  unloading  impracticable,  or 
any  cause  not  in  the  power  of  ^aid  shipper  or  consignee 
to  prevent,  shall  be  added  to  the  free  time  allowed  in  this 
Act  and  counted  as  additional  free  time. 

Payment  of  demurrage  not  to  offset  claim.  §  11.  The 
payment  by  said  railroad  company  of  any  demurrage  pro- 
vided for  in  this  Act  shall  in  no  way  invalidate  or  offset 
any  claim  any  shipper  or  consignee  may  have  or  make 
for  damages  occasioned  by  delay  on  the  part  of  such  rail- 
road company  or  other  cause,  but  shall  be  a  further  rem- 
edy and  in  addition  to  any  already  existing,  nor  shall  any- 
thing herein  contained  be  held  to  lessen  the  duties  of  any 
common  carrier  in  the  shipment  of  live  stock  or  perish- 
able property.  Such  railroad  companies  shall  not  be  re- 
quired to  perform  any  service  under  this  Act  for  or  at  the 
request  of  any  shipper  or  consignee  who  Is  in  arrears  for 
any  proper  demurrage  or  freight  charts  due  to  such  rail- 
road, for  which  proper  statement  has  been  rendered  and 
demand  made,  until  after  such  arrears  have  been  paid  or 
secured. 

Penalty.  §  12.  If  any  common  carrier,"  subject  to  the 
provisions  of  this  Act,  shall  do,  cause  or  permit  to  be  done 
anything  herein  prohibited,  or  shall  omit  to  do  anything  in 
this  Act  required,  it  shall  be  liable  to  the  person  or  pesons 
injured  thereby  for  the  amount  of  damages  sustained  in 
consequence,  together  with  costs  of  suit  and  a  reasonable 
attorney's  fee,  to  be  fixed  by  the  court,  which  shall  be 
taxed  and  collected  as  part  of  the  costs  in  the  case,  but 
in  all  cases  demand  in  writing  shall  be  made  for  the  money 
damages  sustained  before  action  is  brought  for  a  recovery 
under  this  section,  and  no  action  shall  be  brought  until 
30  days  after  such  demand. 


Duty  of  board  of  railroad  commissioners.  §  13.  The 
board  of  railroad  commissioners  of  the  State  of  South  Da- 
kota shall  in  extraordinary  cases,  where  justice  damands, 
have  the  power  on  its  own  motion  or  upon  petition  show- 
ing good  cause,  to  suspend  by  written  order  the  operation 
of  this  Act  or  any  part  thereof  as  to  one  or  more  railroads 
for  a  definite  time  not  exceeding  60  days  in  any  one  year. 

Reports.  S  14.  Every  railroad  company  doing  business 
in  South  Dakota  shall  file  with  its  annual  report  to  the 
board  of  railroad  commissioners  a  sworn,  itemized  state- 
ment of  the  whole  amount  of  money  paid  or  received  for 
demurrage  by  such  railroad  company  in  South  Dakota  dur- 
ing the  previous  year,  showing  therein  to  whom  paid  or 
from  whom  received,  when  and  for  what  purpose  such  de- 
murrage was  paid  or  received. 

Repeal.     %  15.     All   Acts  and   parts   of  Acts  in  co.nflj,< 
with  this  Act  are  hereby  repealed. 

Approved  February  15,  1907. 

RATES    OF    EXPRESS    COMPANIES. 

Be   it   enacted   by   the  tegislature   of   the   State   of   HourJ 
Dakota : 

Railroad  commission  to  prepare  schedule  of  rates.  §  1. 
That  the  board  of  railroad  commissioners  of  the  State  of 
South  Dakota  shall,  within  60  days  after  this  Act  goes  into 
effect,  prepare  for  each  of  the  express  companies  doing 
business  in  this  State  at  this  time  or  at  any  other  time 
hereafter,  a  uniform  schedule  or  schedules  of  reasonabl-s, 
maximum  rates  of  charges  for  the  transportation  of 
express  freight  between  stations  within  this  State 
over  lines  of  railway  wholly  within  this  State,  which 
rates  or  charges  shall  not  exceed  70  per  cent  of  tl  e 
lowest  rates  which  were  in  force  for  the  transportation  (f 
express  freight  over  any  lines  of  railway  between  statiors 
within  this  State  on  the  first  day  of  January.  1909.  Tie 
schedule  or  schedules  so  prepared  shall  take  effect  and 
be  in  force  at  such  time  as  may  be  specified  by  said  boat  J 
in  its  order  adopting  such  schedule,  which  shall  be  in  eo 
event  later  than  10  days  after  the  expiration  of  the  ( 0 
days  above  designated. 

How  enforced.  §2.  The  order  of  the  board  of  railroad 
commissioners  adopting  such  schedule  or  schedules  <  t 
rates  shall  be  enforced  in  the  same  manner  as  now  pri'- 
vided  by  law  for  the  enforcement  of  any  other  order  made 
by  said  board. 

In  effect  forthwith.  S  3.^  Whereas,  there  is  no  provisl 
in  the  laws  of  this  State  for  the  regulation  of  the  rates  t  f 
charges  to  be  exacted  of  express  companies  for  the  tram  - 
portation  of  express  freight  within  this  State,  therefore  a  i 
emergency  is  hereby  declared  to  exist,  and  this  Act  sha  1 
take  effect  immediately  upon  its  passage  and  approval. 

Approved  March  7,  1911. 


aae 


FKEU    RACKS    AND    WATER   TROUGHS. 


11 


Be  it  enacted,  etc.: 

Duty  of  railroads.  S  1-  Every  railroad  company  ope-- 
ating  in  the  State  of  South  Dakota  shall  when  ordered  ly 
the  railroad  commissioners  erect  and  maintain  at  all  st  i- 
tions  suitable  stockyards  for  the  care  and  keeping  of  cat- 
tle and  other  live  stock  to  be  shipped  over  their  line,  and 
shall  provide  said  yards  with  suitable  feed  racks  and  water- 
ing troughs,  and  shall  provide  a  supply  of  water  if  pra  i- 
ticable,  connecting  directly  with  such  watering  troughs  in 
said  yards.  Such  feed  racks,  watering  troughs  and  wat<r 
supply  shall  be  so  provided  on  or  before  January  1,  191 ), 
unless  the  board  of  railroad  commissioners  shall,  by  i  s 
order,  excuse  such  company  from  complying  herewith. 

Penalty.  §2.  Any  railroad  company  failing  to  compv 
with  any  of  the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  \ic. 
fined  in  any  sum  not  less  than  $200  nor  more  than  $1,000. 

Repeal.     S  3.     All  Acts  or  parts  of  Acts  in  conflict  w: 
this  Act  are  hereby  repealed. 

Approved  March  9,  1909. 


VIADUCTS    AND   APPROACHES. 


1 


Be  it  enacted,  etc.: 

Building  of  viaducts — Railroads  to  contribute.  i  1. 
Whenever  any  viaduct  shall  be  deemed  and  declared  by 
ordinance  necessary  for  the  safety  and  protection  of  the 
public,  the  mayor  and  council  or  board  of  commissioners 
shall   provide   for   appraising,   assessing  and   determining 


Public  Sekvice  Laws 


1253 


the  damage,  if  any,  which  may  be  caused  to  any  property 
by  reason  of  the  construction  of  such  viaduct  and  its  ap- 
proaches. The  proceedings  for  such  purpose  shall  be  the 
same  as  provided  herein  for  the  grading  of  a  street,  and 
such  damage  shall  be  paid  by  the  city,  and  may  be  assessed 
by  the  city  council  or  board  of  commissioners  against  prop- 
erty benefited.  The  width,  height  and  strength  of  any 
such  viaducts  and  approaches  thereto,  the  material  there- 
for, and  the  manner  of  construction  thereof,  shall  be  as 
required  by  the  city  engineer,  and  approved  by  the  mayor 
and  council  or  board  of  commisBloners.  Provided,  that  the 
ordinance  and  proceeding  shall  be  effective  30  days  after 
the  publication  of  this  ordinance,  unless  nullified  by  an 
order  of  the  board  of  railroad  commissioners. 

§  2.  When  two  or  more  railroad  companies  own  or 
operate  separate  lines  of  track  to  be  crossed  by  any  via- 
duct, the  proportion  thereof,  and  the  approaches  thereto, 
to  be  constructed  by  each,  or  the  cost  to  be  borne  by  each, 
shall  be  determined  by  the  mayor  and  council,  or  board 
of  commissioners. 

Duty  to  keep  in  repair.  §  3.  It  shall  be  the  duty  of  any 
railroad  company  or  companies  upon  being  required  as 
herein  provided  to  erect,  construct,  reconstruct,  or  repair 
any  viaduct,  to  proceed  within  the  time  and  in  the  manner 
required  by  the  mayor  and  council,  or  board  of  commis- 
sioners to  erect,  construct  or  repair  the  same,  and  it  shall 
be  a  misdemeanor  for  any  railroad  company  or  companies 
to  fail,  neglect  or  refuse  to  perform  such  duty,  and  upon 
conviction  thereof  any  such  company  or  companies  shall 
bo  fined  $100,  and  each  day  such  company  or  companies 
shall  fail,  neglect  or  refuse  to  perform  such  duty  shall  be 
deemed  and  held  to  be  a  separate  and  distinct  offense,  and 
in  addition  to  the  penalty  herein  provided  any  company  or 
companies  shall  be  compelled  by  mandamus  or  other  ap- 
propriate proceedings  to  erect,  construct,  reconstruct  or 
repair  any  viaduct  as  may  be  required  by  ordinance  as 
herein  provided. 

Poicer  of  local  authorities.  §  4.  The  mayor  and  council 
or  board  of  commissioners  shall  also  have  power  when- 
ever any  railroad  company  or  companies  shall  fail,  neglect 
or  refuse  after  having  been  required  so  to  do  as  herein 
provided  by  ordinance,  and  assess  the  cost  of  the  erection, 
construction,  reconstruction  or  repair  of  such  viaduct  or 
viaducts  against  the  property  of  the  railroad  company  or 
companies  required  to  erect,  construct,  reconstruct  or  re- 
pair the  same,  and  such  costs  shall  be  valid  and  subsist- 
ing lien  against  such  property  and  shall  also  be  a  legal 
indebtedness  of  said  company  or  companies  In  favor  of 
such  city,  and  may  be  enforced  and  collected  by  suit  in 
the  proper  court. 

Approved  March  2,  1909. 

SWITCH   LIGHTS. 

Be  it  enacted,  etc.: 

Duty  of  railroads.  §  1.  It  shall  be  the  duty  of  every 
railway  corporation  operating  any  line  of  railway  in  the 
State  of  South  Dakota,  within  three  months  after  the  pas- 
sage of  this  Act,  to  place  good  and  sufficient  switch  lights 
on  all  their  main  line  switches  connected  with  the  main 
line,  and  to  keep  the  same  lighted  from  dark  until  daylight. 
Provided,  that  such  lights  shall  be  required  only  on  such 
main  line  switches  over  which  trains  shall  be  operated  be- 
tween sunset  and  sunrise. 

Penalty.  §  2.  Any  railway  corporation  which  shall 
wilfully  violate  the  provisions  of  this  Act  shall  be  liable 
to  the  State  of  South  Dakota  for  a  penalty  of  not  less  than 
$100  or  more  than  $1,000  for  each  offense,  and  such  pen- 
alty shall  be  recovered  and  suits  therefor  be  brought  by 
the  attorney-general  or  by  the  State's  attorney  of  any 
county  in  or  through  which  such  line  of  railway  may  be 
operated. 

Approved  March  5,  1909. 

SAFETY    APPLIANCES. 

Be  it  enacted,  etc.: 

Interlocking  devices  at  crossings.  §  1.  That  whenever 
In  the  judgment  of  the  board  of  railroad  commissioners  it 
is  necessary  for  the  public  safety,  said  board  may  require, 
at  all  railroad  crossings,  junctions  and  drawbridges  In 
said  State,  the  establishment  of  interlocking  devices,  or 
such  other  safety  appliances  as  are  necessary  for  the  pro- 
tection and  safety  of  the  traveling  public.  Where  two  or 
more  railroad  companies  are  interested,  the  division  of 
the  expense  of  installing,  maintaining  and  operating  sai(? 


interlocking  plant  or  safety  device  shall  be  agreed  upon  by 
the  respective  companies  required  to  install  the  same;  In 
case  they  cannot  agree,  then  such  division  shall  be  deter- 
mined by  the  board  of  railroad  commissioners  after  a 
hearing. 

Other  safety  appliances.  §2.  The  board  may  require 
any  railroad  company  on  any  part  of  its  line  or  lines  oi^ 
erated  in  this  State,  to  install  and  operate  such  signal  sys- 
tem, crossing  alarms,  or  any  other  device  or  appliance 
that  in  its  judgment  will  best  promote  the  public  safety. 

Penalty.  §  3.  Any  railroad  company  neglecting  to  com- 
ply with  any  order  of  the  commission  made  under  this  Act 
shall  be  liable  to  a  penalty  of  $25  for  each  day  such  neg- 
lect shall  continue,  to  be  recovered  in  a  civil  action  in  the 
name  of  the  State  and  paid  into  the  general  fund  of  the 
State  treasury. 

Approved  March  5,  1909. 

ELECTRIC    HEADLIGHTS. 

Be  it  enacted,  etc.: 

Electric  headlights — 1,500  candle-power,  required.  §  1. 
It  shall  be  the  duty  of  every  railroad  corporation  or  receiv- 
ers or  lessee  thereof  operating  a  line  of  railroad  in  this 
State,  within  four  months  after  the  passage  of  this  Act 
to  equip  all  locomotive  engines  used  in  the  transportation 
of  passenger  trains  over  said  railroad  with  electric  head- 
lights of  not  less  than  1,500  candle-power,  measured  with- 
out the  aid  of  a  reflector,  or  with  other  headlights  of  not 
less  than  1,500  candle-power,  measured  without  the  aid  of 
a  reflector. 

Commission  to  enforce  Act.  §  2.  The  railroad  commis- 
sioners of  the  State  of  South  Dakota  are  hereby  authorized 
and  it  shall  be  their  duty  to  order  headlights  of  such 
candle-power  as  they  may  deem  necessary  on  all  loco- 
motive engines  used  in  the  transportation  of  trains  other 
than  passenger  trains  In  the  State  of  South  Dakota,  giving 
railroad  companies  a  reasonable  time  in  which  to  comply 
with  the  order;  provided,  that  such  time  shall  not  exceed 
nine  months  after  such  order  is  made. 

Penalty.  §  3.  Any  railroad  company  or  the  receiver  or 
lessee  thereof  operating  any  line  of  railroad  in  the  State 
of  South  Dakota  which  shall  violate  the  provisions  of  this 
Act  or  shall  refuse  to  comply  with  the  order  of  railroad 
commissioners  as  provided  for  in  §  2  of  this  Act,  shall  be 
liable  to  the  State  of  South  Dakota  for  a  penalty  of  not  less 
than  $100,  nor  more  than  $1,000,  for  each  offense,  and 
such  penalties  shall  be  recovered  and  suit  brought  in  the 
name  of  the  State  of  South  Dakota  in  a  court  of  proper 
jurisdiction  by  the  attorney-general  or  the  State's  attorney 
of  any  county  in  or  through  which  such  line  of  railway 
may  be  operated. 

Approved  February  16,  1909. 

TOILET   ROOMS    AT   STATIONS. 

Be  it  enacted,  etc.: 

Toilet  rooms  required.  §  21.  The  board  of  railroad 
commissioners  of  this  State  Is  hereby  authorized  and  em- 
powered to  order  that  all  railroad  companies  operating 
within  this  State  shall  provide  or  cause  to  be  provided 
suitable  toilet  rooms  in,  or  immediately  adjacent  to,  every 
railroad  station  waiting  room  located  on  its  lines  in  this 
State,  and  to  maintain  and  keep  toilet  rooms  in  passenger 
cars  and  at  stations  in  a  good,  sanitary  condition.  Pro- 
vided, that  in  case  there  is  no  water  and  sewerage  system 
in  towns  where  railroad  station  waiting  rooms  are  located, 
which  extends  to  a  point  not  more  than  100  feet  distant 
from  such  station  waiting  rooms;  then,  and  in  such  case, 
said  railroad  companies  shall  provide  and  maintain  In  good 
sanitary  condition  within  a  reasonable  and  convenient  dis- 
tance of  said  station  waiting  rooms  a  suitable  closet  or 
privy. 

Penalty.  §  2.  Any  railroad  company  maintaining  wait- 
ing rooms  at  their  stations  in  this  State,  who  shall  fail  to 
comply  with  any  order  of  said  board,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  subject  to  a  fine  of  not  exceeding  $100  and  costs  of 
prosecution. 

Duty  of  commission.  §  3.  The  board  of  railroad  com- 
missioners of  the  State  shall  have  power  to  enforce  the 
provisions  of  this  Act. 

Approved  February  19,  1909. 


1254: 


National  Association  of  Railway  Commissioners 


BAILBOAD  STATIONS. 

Be  it  enacted,  etc.: 

Vnlaicful  to  abandon  station.  §  1.  That  it  shall  be  un- 
lawful for  any  railroad  corporation,  company  or  common 
carrier,  now  owning  or  operating,  or  which  may  hereafter 
own  or  operate  any  railroad,  in  whole  or  in  part,  in  this 
State,  to  abandon  any  station  on  its  line  of  railroad  when 
once  established,  to  remove  the  depot  therefrom,  or  with- 
draw any  agent  therefrom  without  the  written  consent  of 
the  board  of  railroad  commissioners  so  to  do.  The  board 
of  railroad  commissioners  may,  by  written  order,  author:ze 
the  withdrawal  of  such  agent  at  stations  where  the  busi- 
ness is  periodical,  during  such  time  as  there  is  no  business 
thereat,  or  the  abandonment  of  any  station  where  the  busi- 
ness from  outgoing  and  incoming  traffic  is  less  than  $1,000 
for  any  consecutive  three  months. 

Violation — Penalty.  §  2.  Any  railroad  corporation,  com- 
pany or  common  carrier  violating  any  of  the  provisions  of 
this  Act,  shall  forfeit  to  the  State  of  South  Dakota,  for 
each  such  violation,  not  less  than  $500,  nor  more  than 
$1,000;  and  each  period  of  30  days  that  any  such  violation 
shall  continue,  shall  be  deemed  to  constitute  a  separate 
offense. 

Repeal.  §  3.  All  Acts  and  parts  of  Acts  in  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Emergency.  §  4.  Whereas,  an  emergency  exists  and  is 
hereby  declared  to  exist,  therefore,  this  Act  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  ap- 
proval. 

Approved  February  28,  1907. 

JOIXT    TR.VFFIC. 

Be  it  enacted,  etc.: 

Railroads  to  obey  orders  for  union  stations.     §  1.     All 
railroad    corporations   shall,    at   all    points   of   connection, 
crossing  or  intersection  with  the  roads  of  other  corpora- 
tions,   unite   with    such   corporations   in   establishing   and 
maintaining  suitable  platforms  and  station  houses  for  the 
convenience  of  passengers  desiring  to  transfer  from  one 
road  to  the  other  and  for  the  transfer  of  passengers,  bag- 
gage or  freight  whenever  the  same  shall  be  ordered  by  the 
board  of  railroad  commissioners,  keep  such  depot  or  pas- 
senger house  warmed,  lighted  and  open  to  the  ingress  or 
egress  of  all  passengers  a  reasonable  time  before  the  ar- 
rival and  until  after  the  departure  of  all  trains  carrying 
passengers  on  said  railroad  or  railroads;  and  said  railroad 
companies    so    connecting,    crossing    or    intersecting    shall 
stop  all  trains  at  said  depot  at  said  connections,  crossings 
or  intersections   tor   the   transfer   of   passengers,  baggage 
and  freight  when  so  ordered  by  the  board  of  railroad  com- 
missioners, and  the  expense  of  constructing  and  maintain- 
ing such  station  house  and  platforms  shall  be  paid  by  such 
corporations  in   such  proportions  as  may  be  fixed  by  the 
order  of  the  board  of  railroad  commissioners.    All  common 
carriers  subject  to  the  provisions  of  this  Act  shall  provide 
at   all    points    of   connection,    crossing   or    intersection    at 
grade  where  it  is  practicable  and  necessary  for  the  interest 
of  traffic,  ample  facilities  by  track  connections  for  trans- 
ferring any  cars  used  in  the  regular  business  of  their  re- 
spective lines  of  road  from  their  lines  or  tracks  to  those 
of  any  other  common  carrier  whose  lines  or  track   may 
connect  with,  cross  or  intersect  their  own,  and  shall  pro- 
vide equal  and  reasonable  facilities  for  the  interchange  of 
cars  and  traffic  between  their  respective  lines  and  for  the 
receiving,  forwarding  and  delivering  of  passengers,  prop- 
erty and  cars  to  and  from  their  several  lines  and  those  of 
other  common  carriers  connecting  therewith,  and  shall  not 
discriminate  in  their  rates  or  charges  between  such  con- 
necting lines   or  on   freight  coming   over   such  lines,   but 
this  shall  not  be  construed  as  requiring  any  common  car- 
rier   to    furnish    for   another   common    carrier   its    tracks, 
equipment     or     terminal     facilities      without      reasonable 
compensation;  that  each  of  said  connecting  lines  shall  pay 
its  proportionate  share  of  the  building  and  maintenance  of 
such  tracks  and  switches  as  may  be  necessary  to  furnish 
the  transfer  facilities   required  by  this  Act,   and   in  case 
they  cannot  agree  on  the  amount  which  each  line  shall  pay, 
then  said  amount  shall,  upon  application  by  either  party, 
be  determined  and  adjusted  by  the  board  of  railroad  com- 
missioners and  either  party  shall  have  the  right  to  appeal 
from  the  order  of  said  board,  fixing  the  amount  so  to  be 
paid  to  the  Circuit  Court  of  the  county  where  said  trans- 
fer facilities  are  furnished,  by  serving  a  notice  in  writing 


on  the  adverse  party  within  10  days  after  the  making  and 
filing  of  such  order  by  said  board,  and  upon  the  service  of 
such  notice  there  shall  be  pending  in  said  Circuit  Court  a 
civil  action  for  the  adjustment  and  determination  of  the 
amount  to  be  paid  by  each  carrier  for  the  expense  of  the 
building  and  maintenance  of  said  transfer  facilities.  Plead- 
ings shall  be  made  and  filed  in  said  action  in  conformity 
to  those  required  by  law  and  rules  of  practice  in  said 
court,  and  said  cause  shall  be  tried  in  the  manner  pro- 
vided for  the  trial  of  civil  actions  in  the  Circuit  Courts  of 
this  State.  For  the  purpose  of  making  an  order  requiring 
railway  companies  to  unite  and  connect  their  tracks  as 
herein  provided  the  board  of  railroad  commissioners  may 
employ  an  engineer  to  survey  the  place  of  the  proposed 
intersection  and  make  a  plat  of  the  ground  and  furnish 
specifications  to  be  followed  by  said  companies  which  may 
be  incorporated  into  and  made  a  part  of  the  order  requir- 
ing such  connecting  tracks  to  be  built. 

Throuqh  joint  lates.  S  2.  All  railway  companies  doing 
business  in  this  State  shall,  upon  demand  of  any  person 
or  persons  interested,  or  upon  demand  of  the  board  of 
railroad  commission,  establish  reasonable  and  joint  through 
rates  for  the  transportation  of  freight  between  points  on 
their  respective  lines  within  the  State.  Carload  lots  shall 
be  transferred  without  unloading  from  the  cars  in  which 
such  shipments  were  first  made  unless  such  unloading  into 
other  cars  shalf  be  done  without  charge  therefor  to  tho 
shipper  or  receiver  of  such  carload  lots,  and  such  transfsr 
shall  be  made  without  unreasonable  delay  under  such  con- 
tract arrangements  as  such  connecting  companies  may 
make,  or  under  such  rules  as  the  board  of  railroad  com- 
mission may  prescribe  as  hereinafter  provided  in  this  A(  t. 
Less  than  carload  lots  shall  be  transferred  into  the  con- 
necting railway  cars  at  cost,  which  shall  be  included  in  and 
be  made  a  part  of  the  joint  rates  adopted  by  such  railwi.y 
companies  or  established  as  provided  by  this  Act.  Wh<  n 
shipments  of  freight  to  be  transported  between  differs  it 
points  in  this  State  are  required  to  be  carried  by  two  )r 
more  railway  companies  operating  connecting  lines  sui  h 
railway  companies  shall  transport  the  same  at  reasonable 
through  rates,  and  shall  at  all  times  give  the  same  faci  i- 
ties  and  accommodations  to  local  or  State  traffic  as  th^  y 
give  to  interstate  traffic  over  their  lines  of  road. 

Duty  oj  railroad  commissioners.  §  3.  In  the  event  th  it 
said  railway  companies  fail  to  establish  through  joint  rat  a 
or  fail  to  establish  and  charge  reasonable  rates  for  sui  h 
through  shipments  or  fail  to  establish  between  themselv  ^s 
the  rates  for  such  through  shipments,  or  fail  to  establi  h 
between  themselves  the  rates  and  terms  upon  which  ca^s 
of  one  company  shall  be  transferred  in  such  through  ship- 
ments from  the  line  of  one  company  to  the  other  and  i  e- 
turned,  or  fail  to  provide  for  the  convenient  and  prom  jt 
transfer  of  such  through  freight  from  the  cars  of  the  le- 
ceiving  company  to  those  of  the  connecting  line,  it  sh;.n 
be  the  duty  of  the  board  of  railroad  commissioners  of  tl  is 
State,  and  said  board  is  hereby  directed,  upon  the  apjli- 
cation  of  any  person  or  persons  interested,  to  establi  ih 
joint  rates  for  the  shipment  of  freight  and  cars  over  a  ly 
two  or  more  connecting  lines  of  railroad  in  this  Sta  e, 
and  to  prescribe  reasonable  rules  under  which  any  such 
cars  so  transferred  shall  be  returned,  and  in  establishiiig, 
changing  or  revising  any  such  rates  they  shall  take  irto 
consideration  the  average  of  rates  charged  by  said  railway 
companies  operating  said  connecting  lines  for  joint  inter- 
state shipments  for  like  distances.  The  rates  established 
by  said  board  shall  go  into  effect  within  10  days  after  the 
same  are  promulgated  by  said  board,  and  from  and  afier 
that  time  the  schedule  of  rates  so  established  shall  be 
prima  facie  evidence  in  all  the  courts  of  this  State  tl  at 
such  rates  are  reasonable  through  rates  for  the  transporta- 
tion of  freight  and  cars  upon  the  railroads  for  which  such 
schedule  shall  have  been  fixed. 

Board  must  notify  railroad  companies.  S  4.  Beforfl 
promulgation  of  such  rates  or  rules  as  above  provided ' 
board  of  railroad  commissioners  shall  notify  the  railroad 
companies  interested  in  the  schedule  of  joini;  rates  fijed 
by  them  and  shall  give  said  railroad  companies  a  reasan- 
able  time  thereafter  to  agree  upon  a  division  of  charges 
provided  for  in  such  schedule,  and  in  the  event  of  the 
failure  of  the  railway  companies  to  agree  upon  such  divi- 
sion and  to  notify  the  board  of  such  agreement,  said  board 
shall,  after  a  hearing  of  the  companies  interested,  decide 
the  same,  taking  into  consideration  the  value  of  terminal 


porta- 
1  suci^ 

'41 

>d  iSS 


Public  Service  Laws 


1355 


facilities  and  all  the  circumstances  of  the  haul,  and  the 
division  so  determined  by  the  board  shall  in  all  controver- 
sies or  suits  between  the  railroad  companies  interested 
be  prima  facie  evidence  of  the  just  and  reasonable  division 
of  such  charges. 

Unreasonable  charges— Penalty.  §  5.  Every  unjust  and 
unreasonable  charge  for  the  transportation  of  freight  and 
cars  over  two  or  more  railroads  in  this  State  is  herebji 
prohibited  and  declared  to  be  unlawful,  and  every  person 
or  coiiifjany  violating  the  provisions  of  this  section  shall 
be  subject  to  the  penalties  prescribed  in  §  442  of  the  Poli- 
tical Code  of  the  Revised  Codes  of  1903. 

flow  vonstriicd.  S  6.  Nothing  herein  contained  shall  be 
construed  as  requiring  any  railroad  company  to  send  its 
cars  over  the  line  of  railroad  of  another  company  when  its 
own  line  of  railroad  runs  to  and  reaches  the  point  of  des- 
tination or  the  point  of  connection  with  another  line  of 
railroad  on  which  such  point  of  destination  is  located,  or  to 
use  its  tracks  or  terminal  facilities  at  terminal  points  for 
the  handling  of  cars  or  traffic  of  another  or  competing  com- 
pany; provided  that  in  no  case  shall  the  charges  for  trans- 
portation exceed  the  established  through  joint  rates  be- 
tween any  two  points. 

Cannot  limit  Jiahiliti/.  §7.  Whenever  any  property  is 
received  by  any  common  carrier,  subject  to  the  provisions 
of  this  Act,  to  be  transported  from  one  place  to  another 
within  this  State,  it  shall  be  unlawful  for  such  common 
carrier  to  limit  in  any  way  the  common  law  liability  with 
reference  to  such  property  while  in  its  custody  as  a  com- 
mon carrier,  such  liability  must  include  the  absolute  re- 
sponsibility of  the  common  carrier  for  the  Acts  of  its  agents 
in  relation  to  such  property. 

Repeal.     S  8.     All  Acts  or  parts  of  Acts  in  conflict  with 
any  provision  of  this  Act  are  hereby  repealed. 
Approved  February  26,  1907. 

RKl'ORT   OK   WHECKS. 

Be  it  enacted  by  the  legislature  of  the  State  of  South 
Dakota: 
Duty  to  report  ivrecks.  ^  1.  It  shall  be  the  duty  of 
every  railroad  company  operating  a  line  of  railroad  in  this 
State  to  report  all  accidents,  wrecks  or  casualties  occurring 
in  this  State  to  the  board  of  railroad  commissioners.  This 
is  intended  to  include  all  accidents,  wrecks  or  casualties 
occurring  in  the  operation  of  trains  or  engines  on  said  line 
or  lines  of  railway  within  this  State,  and  all  other  accidents 
or  casualties  of  whatever  nature  as  may  be  required  under 
rules  adopted  by  the  board.  Any  reports  to  said  board 
herein  required  shall  not  be  for  public  inspection.  All 
accidents  or  wrecks  occurring  in  the  operation  of  trains  or 
engines  involving  loss  of  life  or  personal  injury,  shall  be 
immediately  reported  to  the  secretary  of  the  board  by  tele- 
graph or  telephone  message,  and  the  company  shall  forth- 
with send  a  written  report  in  detail  giving  full  particulars 
available  in  such  form  as  the  board  may  require.  All  other 
accidents,  including  accidents  resulting  in  i)ersonal  injury 
or  death  other  than  train  accidents,  shall  be  reported  to 
the  board  on  the  first  day  of  each  month  covering  the 
preceding  month. 

Commission  to  investigate.  $  2.  Whenever  any  report 
is  made  to  the  board  involving  a  wreck,  accident  or  cas- 
ualty, and  the  board  deems  it  necessary,  it  shall  forthwith 
examine  into  the  causes  and  circumstances  of  the  same,  and 
it  shall  thereupon  be  the  duty  of  the  board  to  order  such 
railroad  company  to  comply  with  any  reasonable  require- 
ment prescribed  by  the  board,  calculated  to  prevent  the 
recurrence  of  any  such  wreck,  accident  or  casualty. 

Penalty.  S  3.  Every  person  or  corporation  who  shall 
violate  any  of  the  provisions  of  this  Act  shall  be  guilty  of 
a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  less 
than  ?100  nor  more  than  $1,000,  or  imprisonment  in  the 
county  jail  for  not  less  than  30  days  nor  more  than  one 
year,  or  shall  suffer  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court. 

Approved  February  24,  1909. 

.\DJUSTME.\T    OF    CLAIMS. 

Be  it  enacted,  etc.:     . 

Ninety  days  for  State  shipments;  six  months  for  inter- 
state shipments.  S  1.  That  every  claim  for  loss  or  damage 
to  property  in  any  manner,  or  overcharge  for  freight,  for 
which  any  common  carrier  in  the  State  of  South  Dakota 
may   be  liable,   shall   be  adjusted  and  paid   by  the  com- 


mon carrier  delivering  such  freight  at  the  place  of  desti- 
nation within  90  days  in  cases  of  shipment  or  shipments 
wholly  within  the  State  and  within  six  months  in  cases 
of  shipment  or  shipments  between  points  without  and 
points  within  the  State,  after  such  claim,  duly  verified  by 
oa,th  of  the  claimant  or  his  agent,  shall  have  been  filed 
with  the  agent  of  the  common  carrier  at  the  point  ot 
destination  of  such  shipment,  or  at  the  point  where  dam- 
ages in  any  other  manner  may  be  caused  by  any  common 
carrier.  In  the  event  such  claim  is  not  adjusted  and 
paid  within  the  time  herein  limited,  the  said  common 
carrier  shall  be  liable  for  interest  thereon  at  7  per  cent 
per  annum  from  the  date  of  the  filing  of  such  claim, 
and  shall  also  be  liable  for  double  the  amount  of  such 
claim  for  each  and  every  failure  to  adjust  and  pay  such 
claim  within  the  time  limited  herein,  and  in  addition  a 
reasonable  attorney's  fee,  to  be  fixed  by  the  court,  to  be 
recovered  by  the  consignee  or  consignees  in  any  court 
of    competent    jurisdiction. 

Provided,  that  in  bringing  suit  for  the  recovery  of  any 
claim  for  loss  or  damage,  as  herein  provided,  if  the  con- 
signee or  consignees  shall  fail  to  recover  a  judgment  in 
excess  of  the  amount  that  may  have  been  tendered  in 
an  offer  of  settlement  of  such  claim  by  the  common 
carrier  liable  thereunder,  then  such  consignee  or  con- 
signees shall  not  recover  double  damage  or  attorney's 
fees  herein  provided,  but  the  judgment  thus  recovered 
shall  bear  interest  at  the  rate  of  7  per  cent  per  annum 
from  the  time  of  the  filing  of  the  claim  under  which  the 
judgment  was  obtained,  and  in  such  cases  the  railway 
company   shall   recover   costs. 

Remedy  cumulative.  S  2.  Nothing  in  this  Act  shall  be 
construed  as  repealing  any  Act,  or  part  of  Acts,  but  the 
remedies  herein  provided  shall  be  cumulative  to  all  other 
remedies  provided  by  law. 

Approved   March  8,   1909. 

BOUBLE   D.\MAGE.S    FOR   LIVE    STOCK. 

Be  it  enacted,  etc.: 

Duty  of  railroad  companies.  §  1.  Any  corporation  op- 
erating a  railway  and  failing  to  properly  fence  the  same 
against  live  stock  and  keep  the  same  in  repair  and  main- 
tain proper  and  sufliicient  cattle  guards  at  all  points 
where  the  right  to  fence  or  maintain  cattle  guards  exists, 
shall  be  liable  to  the  owner  of  any  stock  killed  or  in- 
jured by  reason  ot  the  want  of  such  fence  or  cattle  guard, 
for  the  full  amount  of  the  damage  sustained  by  the  owner 
on  account  thereof,  unless  it  was  occasioned  by  his  act 
or  that  of  his  agent;  and  to  recover  the  same  it  shall 
only  be  necessary  for  him  to  prove  the  loss  of  or  injury 
to  his  property.  If  such  corporation  fails  or  neglects  to 
pay  such  damage  within  GO  days  after  notice  in  writing 
that  a  loss  or  injury  has  occurred,  accompanied  by  an 
affidavit  thereof,  served  upon  any  ofl;icer  or  station  or 
ticket  agent  employed  by  said  corporation  in  the  county 
where  such  loss  or  injury  occurred,  such  owner  shall  be 
entitled  to  recover  from  the  corporation  double  the 
amount  of  damage  actually  sustained  by  him.  If  such 
railway  company  shall,  within  said  60  days,  offer  in 
writing  to  pay  a  fixed  sum,  being  the  reasonable  market 
value  of  the  animals  so  killed,  and  the  owner  thereof 
shall  refuse  to  accept  the  same,  then  in  any  action 
thereafter  brought  for  damages  where  such  owner  re- 
covered a  less  sum  as  the  value  of  the  animals  so  killed 
than  the  amount  so  offered,  then  such  owner  shall  re- 
cover only  the  actual  value  of  such  animals,  and  the 
railway  company  shall  recover  its  cost  against  such 
owner.  No  law  of  the  State  or  any  local  or  police  regu- 
lation of  any  county,  township,  city  or  town  relating  to 
the  restraint  of  domestic  animals,  or  in  relation  to  the 
fences  of  farmers  or  landowners,  shall  be  applicable  to 
railway  tracks,  unless  specifically  so  stated  in  such  law 
and  regulation.  Upon  depot  grounds  necessarily  used 
by  the  public  and  the  corporation,  the  operating  of  trains 
at  a  greater  rate  of  speed  than  eight  miles  an  hour 
where  no  fence  is  built  shall  be  negligence,  and  shall 
render  such  corporation  liable  for  all  damages  occasioned 
thereby  in  the  same  manner  and  to  the  same  extent, 
except  as  to  double  damages,  as  in  cases  where  the  right 
to  fence  exists. 

Repeal.    §  2.     All  Acts  or  parts  of  Acts  in  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed. 
(Approved   February   20,   1907.) 


1256 


National  Association  of  Railway  Commissioners 


DOUBLE   DAMAGES   FOK   LOSS    BY    I'lBE. 

Be  it  enacted,  etc.: 

Duty  of  railroad  companies.  §  1.  Each  railroad  cor- 
poration owning  or  operating  a  railroad  In  this  State, 
shall  be  responsible  in  damages  to  every  person  and 
corporation  whose  property  may  be  injured  or  destroyed 
by  fire  communicated,  directly  or  indirectly,  by  locomo- 
tive engines  in  use  upon  the  railroad  owned  or  operated 
by  such  railroad  corporation,  or  by  the  burning  of  grass, 
weeds  or  rubbish  on  right  of  way  by  employes  of  such 
corporation,  and  each  such  railroad  corporation  shall 
have  an  insurable  interest  in  the  proi)erty  upon  the 
route  of  the  railroad  owned  or  operated  by  it,  and  may 
procure  insurance  thereon  in  its  own  behalf  for  .  its 
protection  against  such   damages. 

Settlement  icithin  60  days.  §  2.  Whenever  the  properCy 
owned  by  any  person  or  corporation  shall  be  injured  or 
destroyed  by  Are  communicated  by  locomotives  in  use 
upon  any  railroad  owned  or  operated  by  a  railroad  cor- 
poration, or  by  the  burning  of  grass,  weeds  and  rubbish 
on  the  right  of  way  by  employes  of  such  corporation, 
so  as  to  render  the  railroad  corporation  liable,  under 
§  1  of  this  Act,  or  otherwise,  the  owner  of  such  property 
injured  or  destroyed  may  recover  damages  for  such  loss, 
and  to  recover  the  same  it  shall  only  be  necessary  for 
him  to  prove  the  loss  of,  or  injury  to,  his  property. 
If  such  corporation  fails  or  neglects  to  pay  such  damage 
within  60  days  after  notice  in  writing  that  a  loss  oi 
injury  has  occurred,  accompanied  by  an  affldavit  thereof, 
served  upon  any  officer  or  station  or  ticket  agent  em- 
ployed by  such  corporation  in  the  county  where  such  loss 
or  injury  occurred,  such  owner  shall  be  entitled  to  re- 
cover from  the  corporation  double  the  amount  of  dam- 
ages actually  sustained  by  him  in  any  court  of  'competent 
jurisdiction.  If  such  company  shall,  within  60  days,  offer 
in  writing  to  pay  a  fixed  sum,  being  the  full  amount  ol 
the  damages  sustained,  and  the  owner  shall  refuse  to 
accept  the  same,  then  in  any  action  thereafter  brought 
for  Kuch  damages  when  such  owner  recovers  a  less  sura 
as  damages  than  the  amount  so  offered,  then  such  owner 
shall  recover  only  his  damages,  and  the  railway  com- 
pany  shall   recover  its   costs. 

(Approved   February  25,   1907.) 

COMMON    CARRIERS    AS    EMPLOYERS. 

Be  it  enacted  iy  the  legislature  of  the  State  of  South 
Dakota : 
Liable  for  damages  caused  hy  negligence.  §  1.  That 
every  common  carrier  engaged  in  trade  or  commerce  in 
the  State  of  South  Dakota  shall  be  liable  to  any  of  its 
employes,  or  in  case  of  his  death  to  his  personal  repre- 
sentative, for  the  benefit  of  his  widow  and  children,  if 
any;  if  none,  then  for  his  parents;  if  none,  then  for  his 
next  of  kin  dependent  upon  him,  for  all  damages  which 
may  result  from  the  negligence  of  any  of  its  officers, 
agents  or  employes,  or  by  reason  of  any  defect  or  insuffi- 
ciency due  to  its  negligence  in  its  cars,  engines,  appli- 
ances, machinery,  track,  roadbed,  ways  or  works. 

Effect  of  contributory  negligence.  §  2.  That  in  all  ac- 
tions hereafter  brought  against  any  common  carrier  to 
recover  damages  for  personal  injuries  to  an  employe,  or 
where  such  injuries  have  resulted  in  his  death,  the  fact 
that  the  employe  may  have  been  guilty  of  contributory 
negligence  shall  not  bar  a  recovery  where  his  contribu- 
tory negligence  was  less  than  the  negligence  of  the 
employer,  but  the  damages  shall  be  diminished  by  the 
jury  in  proportion  to  the  amount  of  negligence  attribu- 
table to  such  employe.  All  questions  of  negligence  and 
contributory  negligence   shall  be   for  the   jury. 

Contracts,  no  defense.  §  3.  That  no  contract  of  em- 
ployment, insurance,  relief  benefit  or  indemnity  for  in- 
jury or  death  entered  into  by  or  on  behalf  of  any  em- 
ploye, nor  the  acceptance  of  any  such  insurance,  relief 
benefit  or  Indemnity  by  the  person  entitled  thereto,  shall 
constitute  any  bar  or  defense  to  any  action  brought  to 
recover  damages  for  personal  injuries  to  or  death  of 
such  employe;  provided,  however,  that  upon  the  trial  of 
such  action  against  any  common  carrier  the  defendant 
may  set  oft  therein  any  sum  it  has  contributed  towards 
any  Insurance,  relief  benefit  or  indemnity  that  may  have 
been  paid  to  the  injured  employe,  or,  in  case  of  his 
death,  to  his  personal  representative. 

Limitation.     §  4.     That  no  action  shall  be  maintained 


under  this  Act,  unless  commenced  within  two  years  from 
the  time  the  cause  of  action  accrued. 

Repeal.     §  5.    All  Acts  or  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Emergency.     §  6.     There  being  no  adequate  laws  upon 
this   subject,   an   emergency   is   hereby   declared   to   exist, 
and  this  Act  shall  take  effect  and  be  in  force  from  and 
after  its   passage   and   approval. 
(Approved   February   20,    1907.) 

EXISTING    railroads    NOT    TO    BE    PARALLELEU' 

Be  it  enacted,  etc.: 

Parallel  roads  prohibited.  §  1.  No  railroad  hereafter 
constructed  in  this  State  shall  parallel  any  other  line  of 
railroad,  already  constructed,  within  eight  miles  of  the 
same,  for  a  greater  distance,  in  every  100  miles  which  It.  ] 
may  build,  than  10  miles,  exclusive  of  its  trackage  in  any 
corporate  city  or  town,  without  first  having,  on  notice  to 
such  competing  road,  obtained  from  the  board  of  railroatl^^ 
commissioners  of  this  State  permission  so  to  do.  j^M 

May  apply  to  railroad  commissioners.  §  2.  Any  railroai^H 
company  desiring  to  construct  a  line  of  railroad  in  thin 
State,  and  having  otherwise  complied  with  all  laws  in 
force  relevant  thereto,  may  file  with  the  railroad  commis- 
sioners a  plat  of  such  road  proposed  to  be  constructed, 
stating  the  principal  points  through  which  it  is  desired  to 
construct  such  road,  and  thereupon  the  commissioners 
may,  if  satisfied  that  such  road  is  desirable,  and  that  there 
is  probability  of  the  same  being  constructed,  grant  a  per 
mit  to  such  company  to  construct  such  road;  and  there 
upon  all  the  provisions  of  §  1  of  this  Act  shall  apply  t( 
any  other  railroad  which  may  seek  to  build  into  the  sail 
territory. 

Approved  February  20,  1907. 


MAXIMUM  P.SSSEXGKR  R.VTES. 


II 


Be  it  enacted,  etc.: 

Maximum  rate  2  cents  per  mile.  §  1.  The  maximun 
rate  that  may  be  charged  by  any  railroad  company  foi 
carrying  passengers  between  points  wholly  within  thii 
State  shall  not  exceed  2  cents  per  mile  for  any  persoi 
over  12  years  of  age,  with  ordinary  baggage  not  exceed 
ing  150  pounds,  and  1  cent  per  mile  for  any  person  undei 
12  years  of  age,  with  ordinary  baggage  not  exceeding  7! 
pounds.  Provided,  that  no  railroad  company  shall  b( 
obliged  to  sell  any  ticket  for  less  than  5  cents.  It  shall  b( 
unlawful  for  any  railroad  company  operating  or  using  i 
line  of  railroad  within  or  partially  within  the  State  o 
South  Dakota  to  charge,  collect,  demand  or  receive  for  th( 
transportation  of  any  passenger  between  points  whoU: 
within  this  State  more  than  the  maximum  rate  provide! 
herein.* 

Penalty.  §  2.  Any  railroad  company  violating  any  o 
the  provisions  of  this  Act  shall  upon  conviction  thereof  b( 
punished  by  a  fine  not  exceeding  $2,000,  and  any  officei 
agent  or  representative  of  such  company  who  shall  vie 
late  any  of  the  provisions  of  this  Act  shall  upon  convic 
tion  thereof  be  punished  by  a  fine  not  exceeding  $500  o 
by  imprisonment  in  the  county  jail  for  a  period  not  ex 
ceeding  90  days  or  by  both  such  fine  and  imprisonment. 

Emergency.  §  3.  An  emergency  is  hereby  declared  t  > 
exist  and  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 

Approved  February  3,  1909. 

PRESCRIBING    MAilMI'M    RATE. 

Be  it  enacted  by  the  legislature  of  the  State  of  So 
Dakota: 
Exceptions.  §  1.  Any  railroad  company  owning 
operating  a  railroad  in  this  State  and  carrying  passengers 
between  points  on  any  portion  of  its  railroad  wholly  withii 
this  State,  having  a  maximum  grade  exceeding  75  feet  to 
the  mile  and  an  average  grade  exceeding  50  feet  to  the 
mile,  said  railroad  company  as  to  such  portion  of  its  road 
shall  not  be  deemed  to  be  within  the  provisions  of  thit 
certain  Act  of  the  legislature  of  the  State  of  South  Da- 
kota approved  February  3,  1909,  and  entitled:  "An  Act 
prescribing  the  maximum  rate  that  may  be  charged  for 
transporting  passengers  on  railroads  in  the  State  of  South 
Dakota,  and  providing  penalties  for  the  violation  thereof," 
and  are  excepted  from  the  operation  thereof. 


♦See  the  statute  next  following. 


Public  Service  Laws 


1257 


Emergency.  §  2.  An  emergency  Is  hereby  declared  to 
exist  and  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 

Approved  March  5,  1909. 

HOURS  OF  SEKVICE  OF   R.\1LWAY    MEX. 

Be  it  enacted,  etc.: 

Maximum  limit  16  hours.  §  1.  No  common  carrier,  nor 
any  officer  nor  agent  thereof,  shall  require  or  permit  any 
employe  engaged  in  or  connected  with  the  movement  of 
any  train  to  remain  on  duty  more  than  16  consecutive 
hours,  or  require  or  permit  any  such  employe  who  has 
been  on  duty  16  consecutive  hours  to  go  on  duty  without 
having  had  at  least  10  hours  off  duty,  or  require  or  permit 
any  such  employe  who  has  been  on  duty  16  hours  in  the 
aggregate  in  any  24-hour  period  to  continue  on  duty  or  to 
go  on  duty  without  having  had  at  least  eight  hours  off 
without  duty  within  such  24-hour  period. 

Excuse  of  accident.  §  2.  In  any  prosecution  for  a  viola- 
tion of  the  preceding  section,  it  shall  be  a  sufficient  de- 
fense to  show  that  the  employe  was  prevented  from  reach- 
ing his  terminal  by  any  casualty  occurring  before  he 
started  on  his  trip,  or  by  accident  or  unexpected  delay  of 
trains  scheduled  to  make  connections  with  the  train  on 
which  such  employe  was  serving. 

Fine  $100  to  $1,000.  §  3.  Any  common  carrier  and  any 
officer  or  agent  thereof  violating  any  of  the  provisions  of 
§  1  of  this  Act  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  $100  nor  more  than  $1,000. 

Duty  of  railroad  commission.  §  4.  The  board  of  rail 
road  commissioners  shall  fully  investigate  all  cases  of  vio- 
lation of  this  Act,  and  for  that  purpose  may  subpoena  wit- 
nesses, administer  oaths,  interrogate  witnesses,  take  testi- 
mony and  require  the  production  of  books  and  papers, 
either  within  or  without  the  State,  and  shall  lodge  with  the 
proper  State's  attorney  information  of  such  violations  as 
may  come  to  its  knowledge. 

Relief  and  wreck  trains.  S  6.  The  provisions  of  this 
Act  shall  not  be  applied  to  relief  or  wreck  trains. 

Repeal.  §  6.  All  Acts  and  parts  of  Acts  in  conflict  with 
this  Act  are  hereby  repealed. 

Approved  February  13,  1907. 

FItEE   SF.BVICE   liY   PUBLIC   UTILITY   FORBIDDEN. 

Be  it  enacted,  etc.: 

Free  passes  and  service  forbidden.  §  1.  No  person,  as- 
sociation, copartnership,  railroad  company,  common  car- 
rier or  corporation  shall  issue  or  give  or  offer  to  give  to 
any  person,  any  free  ticket,  pass,  frank  or  privilege  of  any 
kind,  which  is  withheld  from  any  person,  for  the  traveling 
accommodation  or  transportation  of  persons  or  property, 
or  the  transmission  or  communication  of  any  message  or 
Information,  for  use  within  this  State,  nor  give,  issue  or 
sell  any  such  ticket,  pass,  frank  or  privilege  to  any  per- 
son, for  a  less  or  different  sum  or  consideration  than  is 
charged  to  any  other  person  for  a  like  or  similar  ticket, 
pass,  frank,  privilege  or  service. 

Exceptions.  §  2.  Nothing  in  this  Act  shall  be  construed 
to  prohibit  common  carriers  from  issuing  and  giving  free 
personal  transportation  to  their  officers  and  employes  and 
their  families,  or  to  any  officer  or  employe  of  any  other 
railroad  company,  and  his  family,  when  such  officer  or  em- 
ploye is  in  good  faith  upon  the  regular  pay  roll  of  such 
company;  their  regularly  employed  and  acting  physicians; 
and  attorneys-at-law  in  good  faith  upon  their  regular  pay 
roll  or  a  salary  of  not  less  than  $500  per  year;  to  ministers 
of  religion  and  others  engaged  exclusively  in  religious  and 
charitable  work;  to  inmates  of  national  homes  or  State 
homes  for  disabled  volunteer  soldiers  and  sailors,  including 
those  about  to  enter  and  those  returning  home  after  dis- 
charge; to  necessary  caretakers  of  live  stock  in  course  of 
shipment  and  return;  to  employes  on  sleeping  cars  and 
express  cars;  linemen  of  telegraph  and  telephone  companies 
and  newsboys  on  trains;  persons  injured  in  wrecks  and 
physicians  and  persons  caring  for  or  attending  such  per- 
sons; nor  to  prohibit  the  officer  or  employe  of  any  tele- 
phone or  telegraph  company  from  communicating,  free  of 
charge,  over  the  lines  of  his  company,  with  any  member 
of  his  Immediate  family.  But  no  such  free  transportation 
shalle  be  issued  or  given  to  any  person  when  such  person 
is  a  member  of,  employed  by,  or  in  any  way  connected 
with  any  political  committee,  or  a  candidate  for  or  an  in- 
cumbent of  any  office  or  position  under  the  constitution  or 


laws,  or  any  ordinance  of  any  municipality,  of  this  State; 
provided,  that  common  carriers  shall  not  be  prohibited 
from  carrying  persons  free  to  provide  relief  from  storm, 
flood,  epidemic  or  other  calamity. 

Service  at  special  rates  permitted.  §  3.  Nothing  in  this 
Act  shall  be  construed  to  prohibit  railroad  companies  from 
issuing  excursion,  commutation  or  long  distance  tickets, 
for  transporation  of  persons,  at  special  rates,  but  any  such 
tickets  shall  be  offered  and  sold  at  a  uniform  price,  to  all 
persons  alike,  without  discrimination. 

Unlawful  to  solicit  or  accept.  §  4.  No  person,  other 
than  those  excepted  in  this  Act,  shall  solicit,  accept  or  use 
any  free  ticket,  pass,  frank  or  privilege  as  defined  herein, 
whether  the  same  shall  have  been  issued  before  or  after 
the  passage  and  approval  of  this  Act;  and  no  person,  as- 
sociation or  corporation,  or  representative  or  agent  thereof, 
shall  accept  for  the  transportation  of  persons  or  property, 
or  the  transmission  or  communication  of  any  message  or 
information,  nor  recognize  as  valid,  nor  honor  in  any  man- 
ner, any  such  free  ticket,  pass,  frank  or  privilege. 

Report  to  be  filed  with  railroad  commission.  §  5.  Auy 
person,  association,  copartnership,  common  carrier  or  cor- 
poration, issuing  or  giving  any  free  ticket,  pass,  frank  or 
privilege  permitted  to  be  given  by  this  Act,  shall,  on  or 
before  the  10th  day  of  July  and  the  10th  day  of  January 
of  each  year,  file  with  the  board  of  railroad  commissioners 
a  statement  sworn  to  by  the  person,  or  an  officer,  agent 
or  attorney  of  the  corporation  making  it,  giving  a  list  of 
all  such  free  tickets,  passes,  franks  or  privileges  issued  or 
given  under  the  provisions  of  this  Act,  during  the  six 
months  preceding  the  first  day  of  the  month  in  which  such 
statement  is  made,  with  the  date  of  issue,  name  of  the  per- 
son to  whom  issued,  and  kind  of  free  ticket,  pass,  frank 
or  privilege  issued;  which  statement  the  board  of  railroad 
commissioners  shall  include  and  publish  in  their  annual 
report. 

Penalty  $200  to  $1,000.  §  6.  Any  violation  of  any  of 
the  above  provisions  shall  be  punished  by  a  fine  of  not 
more  than  $1,000,  nor  less  than  $200,  or  by  imprisonment 
in  the  penitentiary  not  more  than  five  years  nor  less  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

Immunity  to  witness.  §  7.  No  person  shall  be  privileged 
from  testifying  in  relation  to  anything  herein  contained, 
but  no  such  person  shall  thereafter  be  prosecuted  for  anv 
offense  concerning  which  he  may  have  been  required  to 
testify,  and  the  testimony  so  given  shall  not  be  used  in  the 
prosecution  of  any  such  person  in  any  criminal  action 
whatever,  except  in  actions  for  perjury  in  giving  sucli 
testimony. 

Repeal.  §  8.  All  Acts  and  parts  of  Acts,  except  §  463 
or  the  Revised  Political  Code  of  1903,  in  conflict  with  this 
Act,  are  hereby  repealed. 

Emergency.  §  9.  Whereas,  there  is  now  no  adequate 
provision  of  law  to  prevent  the  giving  or  use  of  free  tickets, 
passes,  franks  or  privileges,  as  provided  herein,  an  emer- 
gency is  hereby  declared  to  exist,  and  this  Act  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  ap- 
proval. 

Approved  February  9,  1907. 

INTfJBFERING   WITH    ELECTRICAL   APPABATUS. 

Be  it  enacted  by  the  legislature  of  the  State  of  South 
Dakota: 

Misdemeanor  to  injure  apparatus.  §  1.  That  every  per- 
son who  shall  wilfully  or  maliciously  destroy.  Injure,  dis- 
connect, displace,  cut,  break,  deface,  ground,  or  in  any  way 
interfere  with  any  pole,  cable,  wire,  legally  erected,  put 
up  or  strung,  or  with  any  underground  conduit,  subway, 
cable  or  any  electrical  or  other  apparatus,  lamps,  trans- 
former, switch  appliances,  instrument,  or  machinery  of  any 
kind,  used  in  the  construction  or  operation  of  any  tele- 
phone, telegraph  or  electric  plant,  line,  or  system,  or  used 
in  the  producing,  generating  or  transmitting  of  any  elec- 
trical light,  heat  or  power,  or  who  shall  aid,  agree  with, 
employ  or  conspire  with  any  other  person  or  persons,  to 
do  any  of  said  Acts,  shall  be  deemed  guilty  of  a  misde- 
meanor and  on  conviction  thereof  shall  be  punished  by  Im- 
prisonment in  the  county  jail  not  exceeding  three  months, 
or  by  a  fine  not  exceeding  $250,  or  both. 

In  effect  forthwith.  §  2.  That  whereas  an  emergency 
exists  this  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

Approved  February  4,  1911. 


1258 


National  Association'  of  Railway  Commissioners 


CHAPTER  8.  PUBLIC  WAREHOUSES. 

ABTICLF.    1. — KKOULATIO.N     OF    PUBLIC    WARKllOUSES    AND    DEFIN- 
ING THE   DUTIES   OK   THE   BOARD  OF   RAILROAD   COM- 
MISSIONERS   IN    RELATION    THERETO. 

§  480.  The  duties  imposed  by  the  provisions  of  this  ar- 
ticle, and  the  powers  conferred  therein,  devolve  upon  the 
board  of  railroad  commissioners. 

Duty — Rules  and  regulations.  §  481.  It  shall  be  the 
duty  of  the  railroad  commissioners  of  the  State  of  South 
Dakota  to  supervise  the  handling,  inspection,  weighing, 
grading  and  storage  of  grain  and  seeds,  to  establish  all 
necessary  rules  and  regulations  for  the  weighing  and  in- 
spection of  grain,  and  for  the  management  of  the  public 
warehouses  of  the  State,  as  far  as  such  rules  and  regula- 
tions may  be  necessary  to  enforce  the  provisions  of  this 
article,  or  any  law  of  this  State,  in  regard  to  the  same; 
to  investigate  all  complaints  of  fraud  or  oppression  in  ^lie 
grain  trade  of  this  State,  and  to  correct  the  same  as  far 
as  it  may  be  in  their  power. 

Rules  published.  ^  482.  The  rules  and  regulations  so 
established  shall  be  printed  and  published  by  said  railroad 
commissioners  in  such  a  manner  as  to  give  the  greatest 
publicity  thereto,  and  the  same  shall  be  in  force  and  effect 
until  they  shall  have  been  changed  or  abrogated  by  said 
commissioners  in  like  public  manner. 

Public  tcarehouses.  §  483.  All  elevators  and  ware- 
houses in  this  State  wherein  and  whereat  grain  is  pur- 
chased, received  or  handled,  are  hereby  declared  to  be 
public  warehouses. 

License.  §  484.  It  shall  not  be  lawful  for  the  pro 
prietor,  lessee  or  manager  of  any  warehouse  or  elevator 
mentioned  in  the  preceding  section  to  transact  any  busi- 
ness until  a  license  has  been  procured  from  the  railroad 
commissioners  permitting  such  proprietor,  lessee  or  man- 
ager to  transact  business  as  a  public  warehouseman  under 
the  laws  ot  this  State,  which  license  shall  be  issued  by  the 
railroad  commissioners  upon  a  written  application  which 
shall  set  forth  the  location  and  name  and  capacity  of  such 
elevator  or  warehouse,  and  the  individual  name  of  each 
person  interested  as  owner  or  principal  in  the  management 
of  the  same;  or  if  the  elevator  or  warehouse  be  owned  or 
managed  by  a  corporation,  the  name  of  the  president,  sec- 
retary and  treasurer  of  such  corporation  shall  be  stated; 
and  the  said  license  shall  give  authority  to  carry  on  and 
conduct  the  business  of  a  public  warehouse,  in  accordance 
with  the  laws  of  this  State;  provided,  that  it  shall  be 
unlawful  for  any  warehouseman,  company  or  corporation 
engaged  in  purchase  and  storage  of  grain,  subject  to  the 
provisions  of  this  article,  to  enter  into  any  contract,  agree- 
ment or  combination  with  any  other  warehouse,  company 
or  corporation  for  pooling  in  the  purchase  and  storage  of 
grain  by  different  and  competing  warehousemen,  companies 
or  corporations  to  divide  between  them  the  aggregate  or 
net  proceeds  of  margins  or  profits  resulting  from  their  said 
business  as  warehousemen,  or  any  portion  thereof,  and  in 
any  case  of  such  contract,  agreement  or  combination  for 
such  pooling  of  their  said  business  as  warehousemen,  each 
day  of  its  continuance  shall  be  deemed  a  separate  offense. 

Bond.  §  485.  The  proprietor,  lessee  or  manager  of 
any  warehouse  or  elevator  in  this  State  in  which  grain 
is  stored  for  compensation  shall,  before  receiving  the  li- 
cense as  hereinbefore  provided,  file  with  the  commission- 
ers granting  the  same  a  bond  to  the  State  of  South  Dakota, 
with  good  and  sufficient  sureties,  in  the  penal  sum  of  not 
less  than  $2,000  nor  more  than  $.')0,000,  for  each  -^nd 
every  elevator  operated,  proportioned  to  the  capacity  of 
the  elevators  or  warehouses,  in  the  discretion  of  said  com- 
missioners, for  each  license  so  granted,  conditioned  for  the 
faithful  performance  of  duty  as  a  public  warehouseman  and 
a  full  and  unreserved  compliance  with  all  the  laws  of  this 
State  in  relation  thereto.  A  fee  of  |1  shall  be  paid  for  each 
license  by  the  person,  association  or  corporation  applying 
for  the  same. 

Penalty.  S  486.  Any  person,  association  or  corporation 
who  shall  transact  the  business  of  public  warehouseman 
without  first  procuring  a  license  as  herein  provided  shall 
be  deemed  guilty  of  a  misdemeanor  and  on  conviction  shall 
be  fined  a  sum  of  not  less  than  $100  for  each  and  every 
day  such  business  has  been  carried  on.  Every  such  license 
shall  expire  on  the  Ist  day  of  August  next  following  the 
Issuance  thereof,  and  the  said  board  of  railroad  commis- 


sioners may  at  any  time  for  good  cause  shown.  In  their 
discretion,  revoke  any  warehouseman's  license  by  them 
granted;  but  said  warehouseman  shall  have  the  right  of 
appeal  from  said  decision  to  the  Circuit  Court  in  and  for 
the  county  in  which  his  warehouse  is  located,  upon  filing 
a  bond  in  the  sum  of  $200,  conditioned  for  the  payment  of 
the  costs  of  said  appeal,  provided  the  same  is  not  sustained 
by  said  court. 

^Varchousc  receipt.  §  487.  All  owners  of  such  bonded 
warehouses  and  elevators  so  licensed  shall  upon  the  re- 
quest of  any  person  delivering  grain  at  such  warehouse 
give  a  warehouse  receipt  therefor,  subject  to  the  owner  or 
consignee,  which  receipt  shall  bear  date  corresponding 
with  the  receipt  of  the  grain,  and  shall  state  upon  its  ix-'- 
the  quality  and  grade  fixed  upon  the  same;  also  the 
amount  deducted  for  dirt  or  cleaning.  All  warehouse  re- 
ceipts issued  for  grain  received  shall  be  consecutively  num- 
bered, and  no  two  receipts  bearing  the  same  number  and 
series  shall  be  issued  during  the  same  year.  No  ware- 
house receipt  shall  be  issued  except  upon  actual  delivery 
ot  grain  into  such  warehouse.  No  such  warehouseman 
shall  insert  into  any  warehouse  receipt  issued  by  him  any 
language  in  anywise  limiting  or  modifying  his  liability  as 
imposed  by  the  laws  of  this  State. 

Return  of  receipt.  §  488.  On  the  return  of  any  ware- 
house receipt  properly  indorsed  and  the  tender  of  all 
proper  charges  upon  the  property  presented  by  it,  si  ch 
grain,  or  an  equal  quantity  of  the  same  grade,  and  ki  id, 
shall  be  immediately  delivered  to  the  holder  of  such  re- 
ceipt as  rapidly  as  due  diligence,  care  and  prudence  v  ill 
justify.  Nothing  in  this  section  shall  be  construed  to 
mean  the  delivery  of  the  identical  grain  specified  in  the 
receipt  so  presented,  but  an  equal  amount  of  the  sane 
grade  and  kind;  and  if  the  grain  so  delivered  has  i  ot 
been  cleaned  by  said  warehouseman,  there  shall  be 
added  to  the  amount  so  delivered  the  amount  originally 
deducted  from  the  grain  stored  for  dirt,  which  amoi  nt 
shall  also  be  delivered;  and  where  such  grain  is  to  be 
shipped  from  some  terminal  point  where  such  eleva  or 
company  or  warehouseman  is  there  doing  business,  sur'h 
elevator  company  or  warehouseman  shall  guarantee  b(  th 
weight  and   grade. 

Report  to  commission.  S  489.  Every  owner  or  m:  n- 
ager  of  such  licensed  warehouse  or  elevator,  at  sr  'h 
times  as  the  commissioners  shall  require,  shall  furnish  to 
the  commissioners  in  writing,  under  oath,  a  statem<  nt 
of  the  condition  and  management  of  his  business  as 
such  warehouseman.  Such  report  shall  show  the  to  al 
number  of  bushels  of  each  kind  and  grade  of  grain  p  ir- 
chased  and  in  store,  and  the  number  delivered  out,  aid 
the  number  remaining  in  store  at  the  date  of  the  repc  rt. 
But  no  warehouseman  shall  be  required  to  weigh  the 
grain  on  hand  more  than  once  in  each  year;  and  tiie 
warehouseman  shall,  in  addition  to  the  statement  herf  ii, 
be  required  to  furnish  to  the  commissioners  any  otl  «  i- 
information  regarding  the  business  of  his  warehoi  se 
which    the    commissioners    may    require. 

Inspection.  §  490.  The  commissioners  shall  cause  ev(  ry 
warehouse  and  the  business  thereof,  and  the  mode  or 
conducting  the  same,  to  be  inspected  at  such  times  as 
the  commissioners  may  order  by  one  or  more  memb  rs 
of  the  commission,  who  shall  report  in  writing  to  he 
commissioners  the  result  of  such  examination;  and  he 
property,  books,  records,  accounts,  papers  and  proceed- 
ings kept  at  each  warehouse,  so  far  as  they  relate  to 
their  condition,  operation  or  management,  shall  at  all 
times  during  business  hours  be  subject  to  the  examina- 
tion and  inspection  of  such  commissioners;  and  svid 
board  of  commissioners  may,  in  all  matters  arising  un'ler 
the  provisions  of  this  law,  exercise  the  power  to  suh^ 
poena  and  examine  witnesses  conferred  upon  said  bqf| 
by  law  in   relation   to   railroad   companies. 

Orade  for  corn,  etc.  S  491.  The  railroad  commissioiie 
shall,  before  the  first  day  of  September  in  each  year, 
establish  a  grade  for  all  kinds  of  grain  bought  or  handled 
by  any  elevator  or  warehouse  in  this  State,  which  shall 
be  known  as  "South  Dakota  grades,"  but  which  shall  not 
differ  from  grades  in  the  State  of  Minnesota,  and  the 
grades  so  established  shall  be  printed  and  published  in 
the  manner  required  by  §482  of  this  article;  provided, 
that  no  such  publication  shall  be  necessary  except  when 
chrnges  are  made  in  such  grades,  and  then  the  changes 


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so  made,  only,  shall  be  published.  And  said  board  of 
railroad  commissioners  shall  have  supervision  of  the 
grading,  weighing  and  shipping  of  all  grain  purchased  or 
handled  by  public  warehousemen  in  South  Dakota;  and 
all  public  warehousemen  shall  grade  all  grain  purchased 
or  handled  by  them  in  conformity  with  the  established 
"South  Dakota  grades"  as  herein  provided.  Any  person 
aggrieved  at  the  weights  or  grades  given  by  any  ware- 
houseman may  appeal  to  the  board  of  railroad  commis- 
sioners, and  it  is  hereby  made  the  duty  of  said  board  to. 
without  delay,  inquire  into  said  grievance  and  adjust  the 
same  in  accordance  with  established  standards. 

Treasurer.  §  492.  All  moneys  collected  by  the  railroad 
commissioners  as  herein  provided  for  shall  be  paid  into 
the   State   treasury. 

Separate  account.  §  493.  It  shall  be  the  duty  of  the 
treasurer  of  the  State  of  South  Dakota  to  receive  all 
moneys  aforesaid  and  all  fines  and  penalties  collected  by 
virtue  of  this  article,  and  to  keep  a  separate  account  of 
the  same,  and  pay  the  same  only  on  the  order  of  the  rail- 
road commissioners  to  defray  the  expense  of  carrying 
the  provisions  of  this  article   into  eltect. 

Bailment.  §  494.  Whenever  any  grain  shall  be  deliv- 
ered to  any  jjerson,  association,  firm  or  corporation  doing 
a  grain  warehouse  or  grain  elevator  business  in  this 
State,  and  receipts  issued  therefor,  providing  for  a  de- 
livery of  a  like  kind,  amount  and  grade,  to  the  holder 
thereof  in  return,  such  delivery  shall  be  a  bailment  and 
not  a  sale  of  the  grain  so  delivered;  and  in  no  case 
shall  the  grain  so  stored  be  liable  to  seizure  upon  process 
of.  any  court  in  actions  against  such  bailee,  except  ac- 
tions by  owners  or  holders  of  such  warehouse  receipts  to 
enforce  the  terms  of  the  same;  but  such  grain  shall  at 
any  and  all  times,  in  the  event  of  the  failure  or  in- 
solvency of  such  bailee,  be  first  applied  exclusively  to 
the  redemption  of  outstanding  warehouse  receipts,  for 
grain  so  stored  with  such  bailee.  And  in  such  event 
grain  on  hand  in  any  particular  elevator  or  warehouse 
shall  first  be  applied  to  the  redemption  and  satisfaction 
of   receipts    issued    from   such    warehouse. 

Receipt  conclusive  evidence.  S  495.  No  person,  asso- 
ciation, firm  or  corporation,  doing  a  grain  warehouse  or 
grain  elevator  business  in  this  State,  having  issued  a  re- 
ceipt for  the  storage  of  grain,  as  in  this  article  provided, 
shall  thereafter  be  permitted  to  deny  that  the  grain  repre- 
sented thereby  is  the  property  of  the  person  to  whom  such 
receipt  was  issued,  or  his  assigns  therof,  and  such  re- 
ceipts shall  be  deemed  and  held,  so  far  as  the  duties, 
liabilities  and  obligations  of  such  bailee  are  concerned, 
conclusive  evidence  of  the  fact  that  the  party  to  whom 
the  same  was  issued,  or  his  assigns  thereof,  is  the  owner 
of  such  grain  and  is  the  person  entitled  to  make  sur- 
render of  such  receipt  and  receive  the  grain  thereby 
promised   to   be    delivered. 

Larceny.  S  496.  Every  person  and  every  member  of 
any  association,  firm  or  corporation  doing  a  grain  ware- 
house or  grain  elevator  business  in  this  State  who  shall, 
after  demand,  tender  and  offer  as  provided  in  5  488  wil- 
fully neglect  or  refuse  to  deliver,  as  provided  by  said 
section,  to  the  person  making  such  demand,  the  full 
amount  of  grain  of  the  kind  or  grade  or  market  value 
thereof  which  such  person  is  entitled  to  demand  of  such 
bailee,  shall  be  deemed  guilty  of  larceny  and  shall,  on 
conviction  thereof,  be  punished  by  a  fine  or  imprison- 
ment, or  both,  as  is  prescribed  by  law  for  the  punish- 
ment of  larceny. 

Delivery  grain— Receipt  canceled.  I  497.  Upon  the  de- 
livery of  grain  from  store  upon  any  receipt,  such  receipt 
shall  be  plainly  marked  across  its  face  the  word  "can- 
celed," and  shall  thereafter  be  void  and  shall  not  again  be 
put  in  circulation,  nor  shall  grain  be  delivered  twice 
u]X)n  the  same  receipt.  No  warehouse  receipt  shall  be 
issued  except  upon  actual  delivery  of  grain  into  store  in 
the  warehouse  from  which  it  purports  to  be  issued,  and 
which  is  to  be  represented  by  the  receipts,  nor  shall  any 
recei))t  be  issued  for  a  greater  quantity  of  grain  than 
was  contained  in  the  lot  or  parcel  stated  to  have  been 
received.  Nor  shall  more  than  one  receipt  be  issued  for 
the  same  lot  of  grain,  except  in  cases  where  receipt  for 
part  of  a  lot  is  desired,  and  then  the  aggregate  receipts 
for  a  particular  lot  shall  cover  that  lot  and  no  more.     In 


cases  where  a  part  of  the  grain  represented  by  the  re- 
ceipt is  delivered  out  of  store  and  the  remainder  is  left, 
a  new  receipt  may  be  issued  for  such  remainder,  but  the 
new  receipt  shall  bear  the  same  date  as  the  original  and 
shall  state  on  the  face  that  it  is  balance  of  receipt  of 
the  original  number,  and  the  receipt  upon  which  a  part 
has  been  delivered  shall  be  canceled  in  the  same  manner 
as  if  it  had  all  been  delivered.  In  case  it  be  desirable 
to  divide  one  receipt  into  two  or  more,  or  in  case  it  be 
desirable  to  consolidate  two  or  more  receipts  into  one, 
and  the  warehouseman  consents  thereto,  the  original  re-' 
celpt  shall  be  ca^nceled  the  same  as  it  the  grain  had 
been  delivered  from  store,  and  the  new  receipts  shall 
express  on  their  face  that  they  are  a  part  of  another  re- 
ceipt or  a  consolidation  of  other  receipts,  as  the  case 
may  be;  and  the  numbers  of  the  original  receipts  shall 
also  appear  upon  the  new  ones  issued  as  explanatory  of 
the  change;  but  no  consolidation  of  receipt  of  dates 
differing  more  than  10  days  shall  be  permitted,  and  all 
new  receipts  issued  for  old  ones  canceled,  as  herein  pro- 
vided, shall  bear  the  same  date  as  those  originally  issued 
as  near  as  may  be. 

Rates  published  6.;/  warehouses.  S  498.  Every  ware- 
houseman of  bonded  warehouses  shall  be  required"  during 
the  first  week  in  September  of  each  year  to  publish  in 
one  of  the  newspapers,  daily,  if  there  be  such,  published 
in  the  city  or  village  in  which  said  warehouse  is  sit- 
uated, a  table  or  schedule  of  rates  for  the  storage  of 
grain  in  his  warehouse  during  the  ensuing  year,  which 
rates  shall  not  be  increased  during  the  year;  and  he 
shall  cause  the  same  to  be  plainly  printed  on  the  ware- 
house receipts  or  tickets,  and  such  published  rates,  or 
any  published  reduction  of  them,  shall  apply  to  all  grain 
received  into  such  warehouse  from  any  person  or  source. 
The  charges  for  storage  and  handling  shall,  in  all  cases, 
be  equal  and  just,  and  shall  be  approved  bv  the  board  of 
railroad  commissioners  before  going  into  effect,  and  shall 
not  exceed   the  usual   charges  heretofore  existing. 

Attorney-general.  S  499.  The  attorney-general  of  the 
State  shall  be  ex  officio  attorney  for  the  railroad  commis- 
sioners, and  shall  give  them  such  counsel  and  advice  as 
they  may  from  time  to  time  require,  and  he  shall  insti- 
tute and  prosecute  any  and  all  suits  which  said  railroad 
commissioners  may  deem  expedient  and  proper  to  insti- 
tute, and  he  shall  render  to  such  railroad  commissioners 
all  counsel,  advice  and  assistance  necessary  to  carry  out 
the  provisions  of  this  article  or  any  law  which  said  com- 
missioners are  required  to  enforce,  according  to  the  true 
intent  and  meaning  thereof.  In  all  criminal  prosecutions 
against  a  warehouseman  for  the  violation  of  any  of  the 
provisions  of  this  article  it  shall  be  the  duty  of  the 
State's  attorney  of  the  county  in  which  such  prosecution 
is  brought   to   prosecute  the   same  to  a  final   issue. 

Bo?id.  §  500.  All  official  bonds  required  to  be  given 
by  any  person,  company  or  corporation,  pursuant  to  the 
provisions  of  this  article,  shall  be  filed  in  the  office  of  the 
auditor  of  the  State  of  South  Dakota,  and  suit  may  be 
brought  thereon  in  any  court  having  jurisdiction  thereof, 
for  the  use  of  any  person  or  persons  complaining  of 
having  sustained  any  injury  by  reason  of  a  voalation  of 
the   conditions   thereof. 

fieheduJe  of  grades.  S  501.  It  shall  be  unlawful  for 
any  proprietor,  lessee  or  manager  of  any  public  ware- 
house to  enter  into  any  contract,  agreement,  understand- 
ing or  combination  with  any  railroad  company  or  any 
corporation,  or  with  any  individual  or  individuals  by 
which  the  property  of  any  person  is  to  be  delivered  to 
any  public  warehouse  for  storage  or  for  any  other  pur- 
pose, contrary  to  the  direction  of  the  owner,  his  agent 
or  consignee.  Each  warehouseman  shall  also  keep  posted 
at  all  times  in  a  conspicuous  place  in  his  warehouse  a 
printed  copy  of  the  schedule  of  grades  established  by 
the  commissioners,  and  a  printed  copy  of  this  article  and 
of  the  rules  and  regulations  for  the  management  of  ware- 
houses established  by  the  commissioners,  to  be  furnished 
by   the   railroad   commissioners. 

Penalty.  S  502.  Any  person,  association  or  corpora- 
tion, or  any  representative  thereof,  who  shall  knowingly 
cheat  or  falsely  weigh  any  wheat  or  other  agricultural 
products,  or  who  shall  violate  the  provisions  of  any  sec- 
tion of  this  article,  or  who  shall  do  or  perform   any   act 


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National  Association  of  Eailwat  Commissioners 


or  thing  therein  forbidden,  or  who  shall  fail  to  do  and 
keep  the  requirements  as  herein  provided,  shall  be 
deenied  guilty  of  a  misdemeanor  and  shall,  on  conviction 
thereof,  be  subjected  to  a  fine  of  not  less  than  $100  nor 
more  than  $1,000,  and  be  liable  in  addition  thereto  to 
imprisonment  for  not  more  than  one  year  in  the  State 
prison,  at  the   discretion  of  the  court. 

Commissioners  test  scales.  §  503.  Said  board  of  com- 
missioners, or  any  one  or  more  members  thereof,  may  at 
any  time  without  notice  enter  any  public  warehouse  in 
this  State  and  test  and  seal  all  weighing  scales  and 
measures  used  in  conducting  said  warehouse  business, 
and  for  that  purpose  the  said  commission  is  hereby 
authorized  to  provide  itself  with  standard  weights  and 
measures. 

Producers.  §  504.  Nothing  in  this  article  shall  be  so 
construed  as  to  prevent  the  producers  from  marketing, 
storing  or  shipping  their  own  products  in  any  manner 
they  choose,  without  procuring  any  license  or  giving  any 
bonds  under  the  provisions   of  this   article. 

ARTICLE   2.— CO'S'DEMNATION  OF   SITES   FOR  PUBLIC   WARKHOUSES. 

Refusal — Site — Notice.  §  505.  Whenever  any  person, 
firm  or  corporation  shall  have  been  refused  the  privilege 
of  constructing  a  public  warehouse  upon  the  right  of  way, 
depot  grounds  or  warehouse  lots  of  any  railway  at  any 
station  thereon  in  the  State  of  South  Dakota,  it  shall  be 
the  duty  of  the  board  of  railway  commissioners  to  im- 
mediately, upon  ■  being  notified  of  such  refusal,  to  serve 
10  days'  notice  upon  said  railway  company  at  the  time 
of  the  investigation  hereinafter  provided  for,  and  then 
at  the  time  so  appointed  appear  at  the  station  where 
such  public  warehouse  site  is  desired  and,  upon  investi- 
gation and  consideration  of  all  the  circumstances  sur- 
rounding the  case,  determine  whether  the  public  welfare 
will  be  advanced  by  the  construction  of  a  warehouse  at 
such  station. 

When  commission  determination  final.  §  506.  If  the 
said  board  of  railway  commissioners  shall,  after  such  con- 
sideration, determine  that  the  public  welfare  would  not 
be  advanced  by  the  construction  of  a  warehouse  at  said 
station,  the  said  board  shall  so  inform  the  applicant  for 
said  site,  and  such  determination  shall  be  final  and  no 
further   procedure   had   in   the   premises. 

Fix  location  of  site.  §  507.  If  the  said  board  of  rail- 
way commissioners  shall  determine,  after  due  investiga- 
tion, that  the  construction  of  such  warehouse  Is  neces- 
sary and  that  the  public  welfare  will  be  advanced  thereby, 
then  it  shall  be  the  duty  of  said  board  to  fix  the  loca- 
tion of  such  public  warehouse  upon  the  right  of  way, 
depot  grounds  or  warehouse  lots  of  the  railway  company 
concerned,  having  in  view  in  fixing  such  location  the 
interest  and  convenience  of  said  railway  company  and 
of  the  public,  and  a  memorandum  of  such  determination 
and  of  the  location  so  selected  shall  be  furnished  to  the 
applicant    for   such   public   warehouse    site. 

Just  compensation.  §  508.  In  all  cases  where  persons 
or  firms  invested  with  the  privilege  of  taking  private 
property  for  public  use  under  this  article  shall  determine 
to  exercise  such  privilege,  it  shall  be  the  duty  of  such 
person  or  firm  to  file  a  petition  in  the  Circuit  Court  of 
the  county  in  which  the  property  to  be  taken  is  situated, 
praying  that  a  just  compensation  to  be  made  for  such 
property   may  be   ascertained  by  a  jury. 

Petition.  §  509.  Such  petition  shall  name  the  person 
or  firm  desiring  to  take  such  private  property  for  public 
use  as  plaintiff,  and  the  railway  owning  such  property  as 
defendant.  It  shall  contain  a  description  of  the  property 
to  be  taken,  and  the  purpose  for  which  the  same  is  to 
be  so  taken  shall  be  clearly  set  forth  in  the  petition. 
Such  petition  shall  be  verified  in  the  manner  provided 
by  law  for  the  verification  of  complaints  in  the  Circuit 
Court,  and  the  aflldavit  of  verification  shall  contain  the 
further  statement  that  the  proceeding  is  in  good  faith 
and    for    the    purposes    specified    in   the   petition. 

Notice.  S  510.  If  any  person  or  corporation  who  are 
proper  parties  defendant  to  such  proceeding,  or  any 
property  affected  thereby,  shall  have  been  omitted  from 
said  petition  or  notice,  the  plaintiff  may  file  amendments 
to  the  same,  which  amendments  from  the  filing  thereof 
shall  have  the  same  effect  as  though  contained  in  said 
petition  or  notice. 


Proceedings.  §  511.  At  any  time  after  filing  the  peti- 
tion the  plaintiff  may  issue  a  summons  to  the  defendant 
or  defendants  which  shall  be  entitled  in  the  action  or 
proceeding,  and  state  the  time  and  place  of  filing  the 
petition,  the  nature  of  the  proceeding,  and  contain  a 
notice  to  the  effect  that  if  the  defendant  or  defendants 
do  not  appear  in  said  proceedings  within  20  days  from 
the  service  thereof,  exclusive  of  the  day  of  service,  the 
plaintiff  will  apply  to  the  court  for  an  order  to  empanel 
a  jury  and  ascertain  the  just  compensation  for  the  prop- 
erty proposed   to  be  taken   in   such   proceeding. 

Jurors.  §  512.  If  no  appearance  be  made  in  said  pro- 
ceeding by  the  defendant  or  defendants  within  the  time 
specified  in  the  summons,  the  plaintiff,  upon  affidavit  of 
the  default,  may  apply  to  the  court  for  an  order  directing 
the  clerk  of  the  court  to  draw  and  summon  eighteen 
jurors  to  attend  at  the  courthouse  or  place  of  holding 
the  Circuit  Court  of  the  county,  to  be  specified  in  such 
order.  Said  jurors  shall  be  drawn  and  summoned  m 
the  same  manner  as  jurors  are  drawn  and  summoned 
for  the  regular  or  special  term  of  the  Circuit  Court.  If 
any  of  the  defendants  shall  have  appeared  in  such  pro- 
ceedings, the  plaintiff  shall  give  such  defendants  three 
days'  notice  of  the  time  and  place  where  applicaticn 
shall  be  made  to  the  court  for  the  order  to  draw  atd 
summon  the  jurors. 

Action.  §  513.  At  the  time  and  place  specifie'd  in  tlie 
order  mentioned  in  the  preceding  section  a  special  tern 
of  the  court  shall  be  held  at  which  the  proceedings  in 
empaneling  a  jury,  trial  and  rendering  of  the  verdict  nr 
verdicts  shall  be  conducted  in  the  same  manner  as  tria  s 
of  actions  in  the  Circuit  Court.  • 

Pleadings.  §  514.  No  other  pleadings  shall  be  neces- 
sary in  such  proceeding  except  the  petition  of  the  plai  i- 
tiff,  and  such  as  may  become  necessary  to  enable  tl  e 
court  to  determine  conflicting  claims  of  the  defendan  s 
to  the  compensation  awarded  by  the  verdict  of  the  jui  y 
or  some  part  thereof. 

Vieto  premises.  §  515.  Upon  the  demand  of  any  par  y 
to  the  proceeding,  if  the  court  shall  deem  it  necessar  ■, 
the  jury  may  view  the  premises  under  the  rules  of  la  v 
for  viewing  by  the  jury. 

Issue.  §  516.  The  only  issue  or  question  which  sh£  II 
be  tried  by  the  jury  upon  the  petition  shall  be  the  quei- 
tion  of  compensation  to  be  paid  for  the  property  so  take  i, 
but  in  case  there  shall  be  adverse  claimants  for  su(  h 
compensation  for  any  part  of  such  property  the  cou  t 
may  require  such  adverse  claimants  to  interplead,  so  :  s 
to  fully  determine  the  rights  and  interest  in  such  coi  i- 
pensation. 

Verdict  recorded.  S  517.  Upon  the  return  of  the  v(  r- 
dict  the  court  shall  order  the  same  to  be  recorded,  ai  d 
shall  enter  such  judgment  thereon  as  the  nature  of  tie 
case  may  require,  and,  upon  the  payment  or  tender  )f 
the  amount  of  damages  assessed  by  the  jury  with  t).e 
clerk  of  said  court  for  the  benefit  of  such  railway  com- 
pany, said  plaintiff  may  proceed  to  erect  a  public  wai  e- 
house  upon  the  site  selected  as  aforesaid  and  condemn'  d 
as  hereinbefore  provided  and  to  occupy  the  same.  Tie 
right  of  occupancy  only  shall  be  vested  in  said  plaini 
or   his   or  their   heirs   or    assigns. 

Necessar)/  grounds.  S  518.  Such  condemnation  of  silf 
right  of  way,  depot  grounds  or  warehouse  lots  and  said 
right  of  occupancy  shall  only  extend  to  so  much  of  said 
grounds  as  is  necessary  for  the  accommodation  of  su  ;h 
public  warehouse  and  for  the  convenient  operati  )n 
thereof,  together  with  necessary  grounds  and  free  acce^JS 
thereto    from    the   nearest   public   thoroughfare. 

BOOKS    AND    ACCOUNTS    OF   WAREHOUSEMEN. 

Be  it  enacted   by   the  legislature  of  the  State   of  Si 
Dakota: 

May  enter  warehouse  and  examine  at  any  time. 
The  State  board  of  railroad  commissioners  are  hereb: 
empowered  and  directed  to,  at  any  time,  enter  any  public 
warehouse  during  ordinary  business  hours,  or  any  offce 
in  which  the  books  and  accounts  of  any  public  ware- 
house are  kept,  and  shall  have  the  ixjwer  to  examine 
all  of  the  books  relating  to  the  transaction  of  business 
in  such  public  warehouse  either  within  or  without  the 
State;  and  it  is  hereby  made  the  commissioners'  free 
access   to   all    such   books    and   accounts   upon   demand. 

Resistance — Penalty.    §  2.    Any  public  warehouseman  in 


r  le 

1 

■Ami 


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1261 


the  State  of  South  Dakota  who  shall  refuse  access  to 
his  books  and  accounts,  or  shall  hinder  and  delay  said 
board  of  railway  commissioners,  or  any  member  thereof, 
from  examining  the  same,  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction,  shall  be  fined  In 
any  sum  not  greater  than  $100.  And  the  board  of  rail- 
road commissioners  shall  revoke  the  license  of  such 
public  warehouseman. 

liepeal.  §  3.  All  Acts  or  parts  of  Acts  in  conflict  with 
this   Act   are   hereby    repealed. 

Approved  March  9,  1907. 

CERTIFICATES   OF  WEUGHT  TO  GO  TO  EI-EVATORS. 

Be  it  enacted  by  the  legislature  of  the  State  of  South 
Dakota: 

Duty  to  transmit  certificates  of  weight.  §  1.  Every  per- 
son, association  or  corporation  transacting  the  business 
of  a  public  warehouseman  in  this  State  from  whose 
warehouse  or  elevator  grain  shall  be  shipped  to  any 
terminal  point  at  which  such  grain  shall  be  weighed, 
Inspected  and  graded  by  the  ofhcers  of  the  State  wherein 
such  terminal  point  is  situated,  and  certificates  of  such 
weighing,  inspection  and  grading  shall  be  issued  by  such 
officers,  and  every  consignee  of  grain  so  shipped  shall 
transmit  and  deliver  such  certificates  or  true  and  correct 
copies  thereof  to  the  person  having  the  immediate  charge 
of  the  warehouse  or  elevator  from  which  such  grain 
was  shipped,  within  10  days  after  the  issuance  of  such 
certificates,  and  the  said  certificates  shall  be  open  to 
the  inspection  and  examination  of  any  person  who  has 
an    ownership    interest    in    such    shipment. 

Penalty.  §  2.  Any  person,  association  or  corporation 
violating  the  provisions  of  this  Act  shall  be  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  be 
fined  not  less  than  ?50  nor  more  than  $100  for  each  and 
every    offense. 

Duty  of  commission.  §  3.  The  board  of  railroad  com- 
missioners may  revoke  the  license  of  any  public  ware- 
houseman found,  upon  hearing  before  it,  to  have  violated 
the   provisions   of  this  Act. 

Approved  February  24,   1909. 

EENTAL   VALUE   OF   WAREHOUSES 1909. 

Be  it  enacted  by  the  legislature  of  the  State  of  South 
Dakota: 

Commission  to  determine  rental  value.  §  1.  Whenever 
the  owner  of  any  public  warehouse,  coal  shed  or  other 
building  upon  the  right  of  way,  depot  grounds  or  ware- 
house lots  of  any  company  in  the  State  of  South  Dakota 
shall  fail  to  agree  with  such  railway  company  upon  the 
rental  to  be  paid  for  the  use  of  such  warehouse,  coal 
shed  or  other  building  site,  it  shall  be  the  duty  of  the 
board  of  railway  commissioners,  immediately  after  no- 
tice of  such  disagreement,  to  fix  and  determine  the  fair 
annual  rental  value  of  such  warehouse,  coal  shed  or 
other  building  site,  and  to  notify  in  writing  both  the 
railway  company  and  owner  of  such  warehouse,  coal 
shed  or  other  buildings  of  the  rental  value  so  fixed  and 
determined. 

Penalty.  §  2.  Any  person,  corporation  or  association 
violating  the  provisions  of  this  Act  shall,  for  such 
offense,    be    fined    not    over    $500. 

Matter  submitted  to  jury.  S  3.  At  the  next  term  of  the 
Circuit  Court  of  said  county,  unless  continued  for  good 
cause,  without  any  pleadings  raising  any  issue  of  fact, 
the  question  of  the  fair  annual  rental  value  of  such 
warehouse,  coal  shed  or  other  building  site  shall  be 
submitted  to  a  jury  for  determination,  and  judgment 
shall  be  entered  by  the  court  in  accordance  with  the 
verdict  of  the  jury. 

Appeal.  §  4.  Unless  an  appeal  from  the  decision  of  the 
board  of  railway  commissioners  shall  be  taken  within 
the  time  mentioned  in  §  2  of  this  Act,  the  decision  of 
said  board  shall  be  final  and  the  amount  fixed  and  deter- 
mined by  said  board  shall  be  paid,  and,  if  appealed  from, 
then  the  amount  fixed  by  the  verdict  of  the  jury  and 
judgment  of-  the  court  shall  be  paid,  by  the  owner  of 
such  warehouse,  coal  shed  or  other  building  to  the 
railway  company  for  the  rental  of  such  warehouse,  coal 
shed  or   other  building   site. 

*Appeal.  Such  appeal  shall  be  taken  by  serving  a 
notice  of  appeal  in  writing  upon  the  adverse  party  and 
upon   the  secretary  of  the  board  of  railway  commission- 


ers, and  filing  the  original  notice  of  appeal  with  proof 
of  service  thereof  with  the  clerk  of  the  Circuit  Court 
of  said  county.  Within  10  days  after  service  of  said 
notice  of  appeal  upon  the  secretary  of  the  board  of 
railway  commissioners,  such  secretary  shall  make  and 
cause  to  be  filed  with  the  clerk  of  said  Circuit  Court  a 
certified  copy  of  the  order  of  the  board  of  railway 
commissioners    appealed    from. 

Emergency.  §  5.  There  being  no  statutory  method  of 
determining  the  rental  value  of  the  warehouse,  coal  shed 
or  other  building  sites  in  this  State,  an  emergency  is 
hereby  declared  and  this  law  shall  take  effect  and  be  in 
force   from   and   after   its   passage   and   approval. 

Approved  March  8,  1909. 

REPORTS  AS  TO  ELEVATORS — 1909. 

Be  it  enacted  by  the  legislature  of  the  State  of  South 
Dakota: 
Reports  required.  §  1.  Each  railroad  company  owning 
or  operating  a  line  of  railroad  in  this  State  shall,  on 
or  before  the  first  day  of  July  in  each  year,  make  and 
file  in  the  office  of  the  board  of  railroad  commissioners 
of  this  State  a  detailed,  itemized  statement  or  report 
showing  the  number  and  location  of  all  elevators,  ware- 
houses and  coal  sheds  on  its  line  of  railroad  in  this 
State, .  the  amount  of  ground  space  occupied  by  each 
with  its  value  placed  thereon,  the  names  of  the  persons 
or  corporations  owning  said  elevators,  the  names  of  the 
persons  or  corporations  operating  said  elevators,  the 
amount  of  rental  paid  for  each  elevator  site  to  said 
railroad  company,  and,  if  any,  of  the  owners  of  said 
elevators  shall  own  the  sites  occupied,  such  report  shall 
show  the  name  of  such  owner  and  the  location  of  such 
elevator. 

Commission  may  call  for  further  reports.  §  2.  The 
board  of  railroad  commissioners  of  this  State  is  hereby 
authorized  to  require  of  any  and  all  railroad  compa- 
nies, subject  to  the  provisions  of  this  Act,  such  other 
reports  besides  the  annual  reports  hereby  required,  as 
in  the  judgment  of  said  board  of  railroad  commissioners 
shall  be  deemed  necessary  for  its  Information,  and  shall 
fix  the  date  for  filing  such  report.  Any  corporation  or 
person  owning  or  operating  a  line  of  railroad  in  this 
State  which  shall  fail,  neglect  or  refuse  to  make  any 
of  the  reports  provided  for  herein  by  the  date  fixed, 
or  that  fixed  by  the  board  of  railroad  commissioners, 
or  who  shall  make  a  false  report,  shall  be  subject  to 
and  pay  a  penalty  in  the  sum  of  $100  for  each  and 
every  day  of  delay  in  making  such  reports  after  the 
date  fixed. 

Approved    February   16,    1909. 

APl'ROPRIATTONS    FOB   1911    AND    1912. 

The  appropriation  to  the  board  of  railroad  commis- 
sioners of  South  Dakota  for  each  of  the  years  1911  and 
1912   is    $15,800,   divided    as   follows: 

For   salary  of  members $  4,590 

For    salary    of    secretary 1,500 

For  expense  of  commissioners,  $600  for  each  com- 
missioner separately   1,800 

For  transportation  of  the  members  of  the  board 
of  railroad  commissioners  and  their  employes: 

Member  fi-om  the  first  district 600 

Member  from  the  second   district 600 

Member   from   the    third   district 700 

Employes     of    the     board 600 

For  expense  of  secretary,  office  expenses,  stenog- 
rapher, clerical  work,  traveling  expenses  of  em- 
ployes, stationery,  supplies,  postage,  printing, 
incidental  expenses  and  salaries  and  expenses  of 
such  additional  experts  and  assistants  as  may 
be  necessary  in  connection  with  the  enforce- 
ment of  the  new  freight  rate  law  and  the  ex- 
press   and    telephone    laws 3,000 

For  telephone  appraisal,  continuation  of  railroad 
appraisal  work,  examination  of  railroad  and  tele- 
phone companies,  and  general  statistical  work, 
available  at  any  time  during  the  years  1911 
and    1912 2,500 


$15,800 


1262 


Natioxai.  Association  of  Railway  Commissioners 


ASSESSMKNT    OF    TKI.EORAPH    COMPANIES. 

Be  it  enacted,  etc.: 

§  1.  That  §§  11,  12,  13  and  14  of  chapter  C4  of  the 
session  laws  of  1907  be,  and  the  same  is  hereby  amended 
to  read  as  follows: 

Statement  to  auditor.  §  11.  It  shall  be  the  duty  of  the 
president,  secretary,  general  manager  or  superintendent 
of  every  telegraph  company  doing  business  in  this  State 
to  furnish  to  the  State  auditor,  on  the  first  day  of 
July  of  each  year,  a  statement  under  oath  in  such  form 
as  the  auditor  may  prescribe  showing  the  following 
facts : 

1.  The  total  number  of  miles  owned,  operated  or 
leased  within  the  State  by  such  company,  together  with 
the  number  of  separate  wires  thereon,  the  kind  of  metal 
used  for  such  wires,  the  kind  and  dimensions  of  the 
poles  used,  the  average  number  of  poles  used  per  mile 
in  constructing  such  lines,  the  average  cost  of  building 
and  equipping  said  line  per  mile,  and  stating  the  counties 
through  or  into  which  the  same  extend,  or  in  which  such 
company   does   business. 

2.  The  number  of  miles  in  each  county  and  the 
number  of  stations  belonging  to  the  company  and  loca- 
tion thereof,  together  with  the  number  of  telegraph  in- 
struments used   in   such   county. 

3.  The  number  of  offices  maintained  by  the  company 
in  this  State  and  the  total  gross  and  net  receipts  of  all 
said  offices  for  the  year  ending  April  30  preceding  the 
making  of  said  statement  the  amount  paid  out  for  operat- 
ing expenses,  for  taxes,  for  interest  on  bonds  and  for 
permanent    improvements. 

4.  The  per  centum  paid  to  stockholders  of  said  com- 
pany during  said  year  as  dividends  upon  both  common 
and  preferred  stock  and  the  surplus  on  hand  represent- 
ing undivided  profits  at  the  time  of  making  said  state- 
ment; the  total  bonded  debt  and  the  rate  of  interest 
and  the  total  capitalization  of  the  company.  Such  state- 
ment shall  be  made  according  to  and  with  reference  to 
lines  owned  and  operated  on  the  first  day  of  May  of 
the  year  for  which   the   return  is   made. 

Railroad  commission  to  collect  information.  S  12.  For 
the  purpose  of  aiding  the  State  board  of  assessment 
and  equalization  in  making  an  assessment  of  the  prop- 
erty of  telegraph  companies,  it  is  hereby  made  the  duty 
of  the  board  of  railway  commissioners  to  collect  informa- 
tion and  facts  concerning  the  value  of  the  property  of 
each  telegraph  company  in  this  State,  including  the 
value  of  its  franchises,  and  to  make  an  estimate  of  the 
value  thereof  and  to  make  and  file  with  the  State 
auditor,  on  or  before  the  first  day  of  July,  each  year, 
a.    written    and    detailed    report    of    such    facts,    informa- 


tion and  estimate,  and  for  the  purpose  of  securing  facts 
and  information,  said  board  is  hereby  authorized  to 
inspect  the  books  and  records  and  property  of  said  com- 
panies and   employ   an  expert  when  deemed  necessary. 

Penalty  for  refusing  to  report.  §  13.  In  case  any  tele- 
graph company  refuses  to  make  the  statement  herein 
required  under  oath  and  at  the  time  specified,  the  State 
board  of  assessment  and  equalization  shall  add  25  per 
cent  to  the  assessable  value  of  the  property  of  such 
company.  The  board  of  assessment  and  equalization 
shall  consider  all  the  statements,  facts,  information  and 
estimates  filed  as  aforesaid  and  any  other  information 
obtainable  concerning  the  value  of  the  property  of  said 
companies  and  may  add  any  property  omitted  there- 
from, and  shall  proceed  to  assess  said  property  and 
determine  its  value,  including  the  value  of  its  franchises, 
which  shall  be  made  as  of  the  first  day  of  May  and  shall 
be  in  the  same  ratio  as  that  of  the  property  of  indi- 
viduals. 

Tax  levy.  §  14.  Said  board  after  assessing  the  value  of  \ 
said  property  shall  proceed  to  levy  a  tax  thereon,  which 
shall  be  equal  to  the  average  amount  of  State,  county 
school,  municipal,  road,  bridge  and  other  local  taxes 
levied  upon  other  property  for  the  preceding  year,  acd 
the  auditor  shall  notify  each  company  of  the  amount  i)f_ 
taxes  so  levied. 

Each  telegraph  company  so  assessed  shall,  on  _ 
before  the  first  day  of  March  in  each  year,  pay  to  tie 
State  treasurer  the  amount  of  tax  so  levied  on  its  pro  )- 
erty,  which  shall  be  in  lieu  of  all  other  taxes.  If  atiy 
telegraph  company  shall  fail  to  make  and  file  said 
statement  each  year,  as  herein  provided,  or  shall  file  a 
false  statement,  it  shall  forfeit  to  the  State  not  lefs 
than  $500  nor  more  than  $5,000,  to  be  recovered  in  tte 
name  of  the  State  in  any  court  of  competent  jurisdiction. 

The  State  board  of  assessment  and  equalization  sha  1 
cause  a  statement  to  be  transmitted  to  the  county  audit(  r 
of  each  county  in  which  any  lines  or  office  or  otht  r 
property  of  any  telegraph  company  is  situated,  showing 
the  amount  or  proportion  of  such  property  and  value 
thereof,  situated  in  Siich  county,  and  the  State  treasure  r 
shall  remit  to  the  treasurer  of  each  of  such  countit  ^ 
their  proportionate  share  of  such  tax;  and  said  count v 
treasurer  shall  credit  the  same  to  the  county  gener:  1 
fund. 

Repeal.    §  2.    All  Acts  and  parts  6t  Acts  in  conflict 
this   Act   are   hereby   repealed. 

In  effect  forthvjitJi.  S  3.  Whereas  an  emergency  exli 
this  Act  shall  be  in  full  force  and  effect  from  and  af 
its   passage  and   approval. 

Approved    March    7,    1911. 


t  ofj 


PUBLIC   SERVICE  LAWS  OF  TENNESSEE 


CONSTITUTIONAL    PROVISIONS. 
ARTICLE  I.— DECLARATION  OP  RIGHTS. 

No  perpetuities  or  monopolies.  §  22.  That  perpetui- 
ties and  monopolies  are  contrary  to  the  genius  of  a 
free   State,   and   shall   not  be  allowed. 

ARTICLE  II.— DISTRIBUTION  OF  POWERS. 

Legislature  may  authorize  counties  and  towns  to  tax — 
Loan,  of  credit  of  county,  etc..  restricted — Exceptions. 
S  29.  The  general  assembly  shall  have  power  to  authorize 
the  several  counties  and  incorporated  towns  in  this 
State,  to  impose  taxes  for  county  and  corporation  pur- 
poses respectively,  in  such  manner  as  shall  be  prescribed 
by  law;  and  all  property  shall  be  taxed  according  to 
Its  value,  upon  the  principles  established  in  regard  to 
State  taxation.  But  the  credit  of  no  county,  city  or  town 
shall  be  given  or  loaned  to  or  in  aid  of  any  person, 
company,  association  or  corporation,  except  upon  an 
election  to  be  first  held  by  the  qualified  voters  of  such 
county,  city  or  town,  and  the  assent  of  three-fourths 
of   the   votes   cast   at   said   election. 

iitate  aid  forbidden.  S  31.  The  credit  of  this  State 
shall  not  be  hereafter  loaned  or  given  to  or  in  aid  of 
any  person,  association,  company,  corporation  or  munic- 
ipality;   nor  shall   the   State  become   the   owner   in   whole 


or  in  part  of  any  bank  or  a  stockholder  with  others  in 
any  association,  company,  corporation  or  municipalit '. 
State  bonds  to  defaulting  railroads,  none.  §  33.  tio 
bonds  of  the  State  shall  be  issued  to  any  railroad  coi  i- 
pany  which  at  the  time  of  its  application  for  the  san  e 
shall  be  in  default  in  paying  the  interest  before  such 
application  sell  or  absolutely  dispose  of  any  State  bom 
loaned  to  it  for  less  than  par.  j 


^  ARTICLE  XI.— MISCELLANEOUS  PROVISIONS.  ■ 
General  laws  only  to  be  passed — Corporations  onlii  to  I 
provided  for  by  general  laics.  §  8.  The  legislature  shii;I 
have  no  power  to  suspend  any  general  law  for  tl  e 
benefit  of  any  particular  individual,  nor  to  pass  ai  y 
law  for  the  benefit  of  individuals  inconsistent  with  II  c 
general  laws  of  the  land;  nor  to  pass  any  law  grant ii  s; 
to  any  individual  or  individuals,  rights,  privileges,  ii  i 
munity  fimmunitiesl,  or  exemptions  other  than  su(  h 
as  may  be,  by  the  same  law,  extended  to  any  menib''r 
of  the  community,  who  may  be  able  to  bring  himself 
within  the  provisions  of  such  law.  No  corporation  shall 
be  created  or  its  powers  increased  or  diminished  by 
special  laws  by  the  general  assembly  shall  provide  by 
general  laws  for  the  organization  of  all  corporations, 
hereafter  created,  which  laws  may,  at  any  time  be 
altered     or    repealed,    and   no   such   alteration     or    repeal 


Public  Seuvice  Laws 


126;; 


shall  interfere   with   or   divest  rights  which  have  become 
vested. 

bVATUTE  LAW. 

KAILROAD    CO.MMISSION    ACT   OF    1897    AS    AMENDED. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Tenessee: 

Commission  created.  §  1.  That  a  commission  is 
hereby  created,  consisting  of  three  members,  one  from 
each  grand  division  of  the  State,  to  be  known  as 
the  "Railroad  Commission  of  the  State  of  Tennessee." 
Said  railroad  commissioners  shall  be  State  officers,  and 
shall  be  appointed,  iirst  by  the  governor  and  confirmed 
by  the  senate  immediately  after  the  passage  of  this 
Act.  They  shall  serve  for  two  years,  the  term  to  be 
reckoned  from  January  1,  1897. 

Terms  of  office — Vacancies.  But  the  compensation  of 
the  commissioners  shall  be  computed  from  the  date  they 
enter  upon  the  discharge  of  their  official  duties  as  com- 
missioners. At  the  regular  election  in  November,  1898. 
they  shall  be  elected  by  the  qualified  voters  of  the  State, 
and  the  one  receiving  the  highest  number  of  votes  cast 
shall  serve  six  years,  the  next  highest  four  years,  and 
the  next  highest  two  years;  the  term  of  office  to  begin 
on  the  first  day  of  .January  following  the  election  in 
November.  And  there  shall  be  biennially  after  the 
election  in  November,  1898,  one  member  elected  to  serve 
six  years.  If  for  any  reason  there  should  be  a  vacancy 
on  the  board  of  commissioners,  the  governor  is  hereby 
authorized  to  fill  such  vacancy  by  appointment  until  the 
next  regular  election,  when  such  vacancy  shall  be  filled  for 
the    unexpired    term. 

To  have  office  in  the  capitol.  i2.  That  the  railroad 
commission  shall  be  furnished  a  permanent  office  in  the 
State  capitol,  with  all  necessary  furniture,  stationery  and 
supplies,  to  be  paid  for  by  the  State  on  an  itemized  state- 
ment sworn  to  by  the  chairman  of  the  commission;  pro- 
vided, that  all  plans  shall  be  made  out  by  the  secretary  of 
State,  treasurer  and  governor,  who  shall  approve  all  bills 
for  this  purpose,  before  they  are  paid. 

Quorum  and  organization.  The  commission  shall  be 
furnished  with  the  furniture  and  equipment  of  the  late 
boara  of  equalization.  A  majority  of  said  commissioners 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Immediately  after  the  appointment  of  the  commissioners 
by  the  governor  and  confirmed  by  the  senate,  they  shall 
meet  in  Nashville  and  organize  by  the  election  of  one  of 
their  members  chairman  of  the  commission.  On  the  first 
Monday  in  January,  1899,  and  biennially  thereafter,  they 
shall  meet  in  their  office  at  Nashville  and  reorganize.  After 
the  commission  is  organized,  they  shall  appoint  a  secretary. 

Salaries.  Ji  3.  |As  amended  by  Act  of  April  12,  1907.] 
That  the  salary  of  each  commissioner  shall  be  $2,000 
per  annum,  payable  quarterly  out  of  the  State  treasury 
on  the  warrant  of  the  comptroller,  and  the  salary  of 
the  secretary  shall  be  $1,500  per  annum,  payable  in 
the  same  manner  as  the  salary  of  the  commissioners; 
provided,  that  an  amount  not  to  exceed  $500  per  annum 
shall  be  paid  to  each  commissioner  in  lieu  of  all  travel- 
ing expenses,  and  an  amount  not  to  exceed  $500  per 
annum  shall  be  iiaid  to  the  secretary  in  lieu  of  all 
traveling  expenses,  the  above  amounts  for  expenses  to 
be  paid  in  the  same  manner  as  the  salaries  of  the  com- 
missioners  and    secretary   are    paid. 

Qualifications.  S  4.  That  the  commissioners  shall  be 
resident  citizens  of  this  State  and  qualified  voters  under  the 
constitution  and  laws,  and  shall  not  be  less  than  25  years 
of  age. 

Shall  not  hold  office  or  engage  in  business.  No  com- 
missioner shall  hold  any  other  public  office,  under  either 
the  government  of  the  United  States  or  the  government 
of  this  or  any  other  State,  nor  shall  any  commissioner, 
while  acting  as  such  commissioner,  engage  in  any  busi- 
ness or  occupation  inconsistent  with  his  duties  as  com- 
missioner. 

Restrictions.  No  person  who  owns  jointly  or  sever- 
ally any  bonds,  stocks  or  other  property  in  any  railroad 
or  transportation  company,  or  w.ho  is  an  agent  or  em- 
ploye in  any  way  of  any  railroad  or  transportation  com- 
pany, or  who  has  any  interest  personally  in  any  way  or 
manner  in  any  railroad  or  transportation  company,  shall 
be  eligible  to  serve  as  a  member  of  the  railroad  com- 
mission. 


Bond.  Each  of  said  commissioners  shall  enter  into  a 
bond  with  two  or  more  solvent  securities,  to  be  approved 
by  the  governor,  in  the  sum  of  $20,000,  payable  to  the 
State  of  Tennessee,  conditioned  upon  the  faithful  per- 
formance of  his  duty. 

Oath  of  office.  Before  entering  upon  the  discharge  of 
the  duties  of  his  office,  each  of  said  commissioners  shall 
make,  subscribe  to  and  file  in  the  office  of  the  secretary 
of  State  the  following  oath: 

"I  do  solemnly  swear  (or  afl[lrm)  that  I  will  support 
the  Constitution  of  the  United  States  and  the  constitu- 
tion of  the  State  of  Tennessee,  and  that  I  will  faithfully 
discharge  the  duties  of  railroad  commissioner  according 
to  the  best  of  my  ability;  that  I  am  not  the  owner  of 
any  stock  or  bonds  of  any  railroad  or  transportation 
company,  or  in  any  way,  directly  or  indirectly,  in  the 
employment,  or  engaged  in  the  management  of,  any  rail- 
road  or   transportation   company." 

Not  to  accept  favors  or  gratuities.  S  5.  That  the  com- 
missioners, nor  any  one  of  them,  shall,  directly  or  indi- 
rectly, accept  any  gift,  gratuity,  emolument  or  employ- 
ment from  any  person  or  corporation  owning  or  oper- 
ating a  railroad,  or  from  any  officer,  attorney,  agent 
or  employe  of  any  railroad  company;  nor  shall  they,  or 
any  one  of  them,  directly  or  indirectly,  solicit  or  request 
from,  or  recommend  to,  any  railroad  company,  or  to 
any  officer,  attorney,  agent  or  employe  thereof,  the 
appointment  of  any  person  to  any  place  or  position 
during  their  or  his  continuance  in  office.  It  shall  be 
unlawful  for  any  railroad  company  or  any  officer,  at- 
torney, agent  or  employe  thereof  to  give,  or  offer  to 
give,  to  the  commissioners  any  gift,  gratuity,  emolument, 
employment,  place  or  appointment,  for  themselves  or 
other  persons;  but  said  commissioners  shall  be  entitled 
to  a  pass  or  ticket  over  any  and  all  lines  of  railroads 
owned  or  operated  by  any  corporation  or  company  in 
Tennessee  while  such  commissioners  are  engaged  in  the 
discharge  of  their  duties.  And  it  shall  be  the  duty  of 
such  railroad  company  to  furnish  the  commissioners  with 
such   pass  or  ticket  when  demanded. 

Penalties.  A  violation  of  any  of  the  provisions  of  this 
section  shall  subject  the  persons  or  corporations  so 
violating,  to  a  fine  of  not  less  than  $1,000,  and  not  more 
than  $5,000,  to  be  recovered  by  indictment  as  other 
penalties  for  violation  of  law  are  recovered.  Any  com- 
missioner convicted  of  a  violation  of  any  provision  of 
this  section  shall,  in  addition  to  the  above  penalty,  be 
immediately  dismissed  from  said  office  by  the  judg- 
ment of  the  court  trying  the  cause. 

Secretary  §  6.  That  it  shall  be  the  duty  of  the  secrc 
tary  to  keep  a  full  and  correct  record  of  all  the  pro- 
ceedings and  transactions  of  said  commission  and  per- 
form  such   other  duties   as   the  commission   may  require. 

The  minutes  shall  be  signed  by  each  member  of  the 
commission  or  by  those  present  when  any  business  is 
transacted. 

The  minutes  and  all  official  documents  of  every  kind 
shall  be  kept  on  file  in  the  office  of  the  commissioners. 
A  copy  of  any  of  their  proceedings,  or  of  any  docu- 
ment on  file  in  their  office,  when  duly  certified  by  the 
chairman  and  secretary  of  the  commission,  shall  be 
taken  as  evidence  in  the  courts  of  this  State.  For  a 
copy  of  any  record  on  file  in  their  office,  they  shall 
charge  and  receive  the  same  fees  that  are  charged  by 
the  secretary  of  State  for  similar  services,  and  shall 
cover  into  the  State  treasury  any  amount  so  received. 

Meetings.  §  7.  That  the  commissioners  shall  meet  in 
their  office  at  the  capitol  as  often  as  business  may  re- 
quire, and  shall  remain  in  session  until  all  business 
before  them  is  disposed  of,  and  shall  hold  other  ses- 
sions at  such  times  and  places  as  may  be  necessary  for 
the  proper  discharge  of  their  duties,  or  as  the  con- 
venience of  the  parties,  in  the  judgment  of  the  com- 
mission,  may   require. 

To  fix  freight  and  passenger  rates — Rules  and  regula- 
tions. [As  amended  by  Act  of  April  12,  1907.]  Authority 
is  hereby  vested  in  the  Railroad  Commission  of  Ten- 
nessee, and  it  is  hereby  made  its  duty,  to  supervise  and 
fix  the  rates,  charges  and  regulations  of  railroad  freight 
and  passenger  tariffs;  to  correct  abuses  and  to  prevent 
unjust  discrimination  and  extortions  in  the  rates  for 
freight    and    passenger   tariffs   on    the    different    railroads 


1264 


National  Association  of  Railway  Commissioners 


in  this  State,  and  to  require  the  location  o£  such  depots 
and  the  establishment  of  such  freight  and  passenger 
buildings  as  the  conditions  of  the  roads,  safety  of  freight 
and    public   comfort   may   require. 

The  commission  shall  have  power  to  make  all  needed 
rules  for  Its  government  and  for  Its  proceedings,  and  to 
regulate  the  mode  and  manner  of  all  Investigations  and 
hearings  of  railroad  companies  and  other  parties  before 
It,  and  to  adopt  and  enforce  such  rules  and  regulations 
and  modes  of  procedure  as  it  may  deem  proper  for  the 
hearing  and  the  determination  of  all  complaints  made  by 
any  railroad  company  or  other  parties;  provided,  that  no 
person  desiring  to  be  present  at  any  such  investiga- 
tion by  said  commissioners  shall  be  denied  admission. 
The  commissioners  shall  Inform  themselves  fully  and 
thoroughly  In  regard  to  the  affairs  of  every  railroad 
company   doing  business   in   this   State. 

To  furnish  blanks.  They  shall  cause  to  be  prepared 
suitable  blanks  with  questions  calculated  to  elicit  all  in- 
formation concerning  railroads,  and  as  often  as  may  be 
necessary,  furnish  said  blanks  to  each  railroad  company. 
Railroad  companies  to  fill  out  blanks.  Each  railroad 
company  receiving  from  the  commissioners  any  such 
blanks  shall  cause  the  same  to  be  properly  filled  out,  so 
as  to  answer  fully  and  correctly  each  question  therein 
propounded,  and  in  case  they  are  unable  to  answer  any 
question,  they  shall  give  a  satisfactory  reason  for  their 
failure,  and  the  said  answer,  duly  sworn  to  by  the 
proper  officer  of  said  company,  shall  be  returned  to  said 
commission  at  its  office  in  Nashville  within  30  days 
from  the  receipt  of  same.  The  commission  is  hereby 
given  full  power  and  authority  to  examine  the  books 
and  papers  of  the  railroad  companies  and  to  examine, 
under  oath,  the  officers,  agents  and  employes  of  said 
companies  and  any  other  persons,  to  procure  the  neces- 
sary information  to  intelligently  and  justly  discharge 
their  duties  and  carry  out  the  provisions  of  this  Act. 

Power  to  take  evidence.  §  9.  That  they  shall  have 
power  to  examine,  under  oath,  any  person,  or  the  di- 
rectors, officers,  agents  and  employes  of  any  railroad 
corporation  doing  business  in  this  State,  concerning  the 
management  o£  its  affairs,  and  to  obtain  Information 
pursuant  to  this  law;  and  shall  have  power  to  Issue  sub- 
poenas for  the  attendance  of  witnesses,  to  compel  the 
production  of  books  and  papers,  and  to  administer  oaths; 
and  any  person  who  shall  neglect  or  refuse  to  obey  the 
process  of  subpoena  issued  by  said  commissioners,  or 
who,  being  in  attendance,  shall  refuse  to  testify,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  for  each  offense  by  a  fine  of 
not  less  than  $50  nor  more  than  |100,  or  by  imprison- 
ment not  less  than  10  days  nor  more  than  50  days,  or 
both.  In  the  discretion  of  the  Jury  trying  the  case. 

Each  refusal  to  obey  the  subpoenas  or  to  teslfy,  shall 
constitute   a  separate  offense. 

Power  to  issue  subpoenas.  §  10.  That  the  said  commis- 
sion in  making  any  examination  or  investigation  pro- 
vided for  in  this  Act,  shall  have  power  to  issue  sub- 
poenas for  the  attendance  of  witnesses  by  such  rules 
as  they  may  prescribe.  Each  witness  who  shall  appear 
before  the  commission,  by  order  of  the  commission,  shall 
receive  for  his  attendance  the  compensation  now  pro- 
vided by  law,  which  shall  be  be  paid  by  the  State  treasury 
>on  warrant  of  the  comptroller,  upon  the  presentation  of 
proper  voucher  sworn  to  by  such  witness,  and  approved 
by  the  chairman  of  the  commission. 

Proviso.  Provided,  That  no  witness  sh£ll  be  entitled 
to  any  witness  fees  or  mileage  who  is  directly  or  indi- 
rectly Interested  In  any  railroad  in  this  State  or  out  of 
it,  or  who  Is  in  any  way  interested  In  any  stock,  bond, 
mortgage,  security  or  earnings  of  any  such  road,  or  who 
8hall  be  the  agent  or  employe  of  such  road,  or  any  of- 
ficer thereof,  when  summoned  at  the  Instance  of  such 
railroad;  and  no  witness  furnished  with  free  transpor- 
tation shall  receive  pay  for  the  distance  he  may  have 
traveled  on  such  free  transportation.  In  case  any  wit- 
ness shall  fall  or  refuse  to  obey  such  subpoena,  said 
commission  may  Issue  an  attachment  for  said  witness, 
directed  to  any  sheriff  or  constable  of  the  State  of  Ten- 
nessee, and  compel  him  to  attend  before  the  commission 
and  give  his  testimony  upon  such  matters  as  shall  be 
lawfully  required  by  them.  If  a  witness,  after  being 
duly    summoned,    shall    fall    or    refuse    to    attend,    or   to 


answer  any  question  propounded  to  him,  and  which  he 
would  be  required  to  answer  if  in  court,  the  commission 
shall  have  power  to  fine  and  imprison  such  witness  for 
contempt  in  the  same  manner  that  the  judge  of  any 
court  of  competent  jurisdiction  might  do  under  similar 
circumstances. 

Railroad  employes  exempt  from  indictment.  No  officer, 
agent,  servant  or  employe  of  any  railroad  company,  who 
shall  appear  and  testify  before  the  commission  under 
the  provisions  of  this  Act,  or  any  civil  or  criminal  pro- 
ceedings instituted  by  them  under  the  provisions  of  this 
Act,  shall  be  liable  to  indictment  or  presentment  for 
any  violation  of  this  Act  about  which  they  so  testify; 
provided,  the  commission  shall,  in  all  cases,  have  a 
right  in  its  discretion  to  issue  proper  process  and  take 
depositions  Instead  of  compelling  personal  attendance 
of  witnesses.  The  sheriff  or  constable  executing  any 
process  issued  under  the  provisions  of  this  section  or 
under  any  other  provisions  of  this  bill,  shall  receive  such 
compensation  as  may  be  allowed  by  the  commission, 
not  to  exceed  fees  as  now  prescribed  by  law  for  similar 
services. 

Publicity  of  contracts.  §  11.  That  the  commission  aha  ! 
not  require  publicity  to  any  contracts,  leases  or  engago- 
ments  obtained  by  them  in  their  official  capacity,  if 
the  Interests  of  any  company  would  thereby  be  injuri- 
ously affected,  unless,  in  the  judgment  of  the  commis- 
sion,  the    public   interest   requires    it. 

Roads  to  furnish  statements.  §  12.  That  it  shall  be 
the  duty  of  each  and  every  railroad  company,  corporj.- 
tlon  or  individual,  owning,  operating  or  managing  a  rai  - 
road  (to  furnish  to  the)  commission  at  its  office  i  i 
Nashville,  the  monthly,  quarterly  and  annual  statements 
of  the  operations  of  their  respective  roads,  if  such  r< - 
ports  are  Issued;  if  not,  then  they  shall  send  such  ri - 
ports  as  may  be  issued  at  any  special  or  regular  tim(  . 
The  president  or  chief  officer  of  each  and  every  rallroa  1 
company,  corporation  or  Individual,  owning,  operatln  ? 
or  managing  any  railroad  in  this  State,  shall,  on  o- 
before  the  first  day  of  February  of  each  year,  mak ; 
and  transmit  to  the  commission  at  its  office  in  Nashvilli  , 
under  oath  of  the  president  or  chief  officer  of  the  con  - 
pany,  a  full  and  true  statement  of  the  affairs  of  sai  1 
company  as  the  same  existed  on  the  first  day  of  th ) 
preceding  January,  in  accordance  with  the  direction  an  1 
schedules  prepared  and  furnished  by  the  commission. 

Failure  or  refusal,  penalty  for.  §  13.  That  any  office  •, 
agent  or  employe  falling  or  refusing  to  make,  und«  r 
oath,  any  report  required  by  the  commission,  within  the 
time  required,  or  failing  or  refusing  to  answer  full  / 
under  oath,  if  required,  any  inquiry  propounded  by  tie 
commission,  or  who  shall  in  any  way  hinder  or  obstrui  t 
the  commission  in  the  discharge  of  its  duties,  shall  I  e 
guilty  of  a  misdemeanor,  and  shall  be  fined  for  eac  a 
offense   not  less  than   $500  nor  more  than   $1,000. 

All  roads  subject  to  this  Act.  §  14.  That  all  railway  s 
heretofore  constructed,  or  that  may  hereafter  be  co  i- 
structed  in  this  State,  are  hereby  declared  subject  'o 
the  provisions  of  this  Act,  and  all  individuals,  companies, 
corporations,  trustees,  receivers  and  lessees,  ownin? 
operating  and  managing  such  railways  for  the  tran* 
portation  of  freight  and  passengers,  are  hereby  declaij 
common  carriers. 

Special  rates,  rebates,  etc..  unlaicful.  §  15.  That  If  al 
such  common  carrier  shall  directly  or  indirectly,  by  ai  y 
special  rate,  rebate,  drawback  or  other  device,  charge, 
demand,  collect  or  receive  from  any  person  or  persons, 
firm  or  corporation,  a  greater  or  less  compensation  f)r 
any  services  rendered  in  the  transportation  of  any  kind 
of  property  upon  such  railroads  within  this  State  than 
It  charges,  demands,  collects  or  receives  from  any  other 
person  or  persons,  firms  or  corporations  for  doing  for 
him  or  them  a  like  service  in  the  transportation  of  a 
like  kind  of  property  under  substantially  like  circun- 
stances  and  conditions,  and  if  such  common  carriers 
make  any  preference  between  the  parties  aforesaid,  in 
furnishing  cars  or  motive  power  for  the  purpose  afore- 
said, such  common  carrier  shall  be  deemed  guilty  of 
unjust  discrimination,  which  is  hereby  prohibited  and 
declared  unlawful. 

Extortion  unlawful.     §  16.     That  if  any  railroad  corpo- 
ration shall  charge,  collect,  or  receive  more  than  a  just 


II 


Public  Service  Laws 


1265 


and  reasonable  rate  of  toll  or  compensation  for  the 
transportation  of  passengers  or  freight  in  this  State,  or 
for  the  use  of  any  railroad  car  upon  its  track,  or  upon 
any  track  it  has  control  of  or  the  right  to  use  in  this 
State,  it  shall  be  deemed  guilty  of  extortion,  which  is 
hereby    prohibited    and    declared    unlawful. 

No  preferences  to  6e  given.  §  17.  That  it  shall  be  un- 
lawful for  any  corporation  to  make  or  give  any  undue 
or  unreasonable  preference  or  advantage  to  any  par- 
ticular person  or  locality,  or  any  particular  description 
of  traffic,  or  to  subject  any  particular  person,  company, 
firm,  corporation  or  locality,  or  any  particular  descrip- 
tion of  traffic,  to  any  undue  or  unreasonable  prejudice 
or  disadvantage. 

Long  and  short  haul — Overcharges  unlawful — Penaltt/- 
§  18.  That  if  any  person  owning  or  operating  a  rail- 
road in  this  State,  or  any  common  carrier,  shall  charge 
or  receive  any  greater  compensation  in  the  aggregate 
for  the  transportation  of  passengers  or  property  of  like 
kind,  under  substantially  like  circumstances  and  condi- 
tions, for  a  shorter  than  a  longer  distance  over  the 
same  line  in  the  same  direction,  the  shorter  being  in- 
cluded within  the  longer  distance,  such  person  or  com- 
mon carrier  shall,  for  each  offense,  be  guilty  of  a  mis- 
demeanor and  fined  not  less  than  $100  nor  more  than 
$500. 

Extortion,  how  punished.  §  19.  That  any  railroad  cor- 
poration that  shall  be  guilty  of  extortion  or  unjust  dis- 
crimination, or  of  giving  to  any  person  or  locality,  or 
to  any  description  of  traffic  an  undue  or  unreasonable 
preference  or  advantage,  shall,  upon  conviction,  oe 
fined  in  any  sum  not  less  than  |500  nor  more  th?n 
12,000. 

How  suit  may  be  brought.  §  20.  That  suits  may  be 
brought  by  any  person  against  any  railroad  company, 
owning  or  operating  a  railroad  in  Tennessee,  for  the 
violation  of  §S  15,  16,  17  and  18  of  this  Act  before  any 
court  having  jurisdiction  to  try  the  same.  And  it  shall 
be  the  duty  of  the  attorney-general  of  the  State  to 
bring  suit  in  the  name  of  the  State  on  the  relation  of 
the  commissioners,  in  any  court  having  jurisdiction 
thereof,  to  recover  any  penalty  imposed  by  the  provi- 
sions of  this  Act. 

Must  investigate  through  rates.  §  21.  That  the  railroad 
commission  shall  have  power,  and  it  is  hereby  made  its 
duty,  to  investigate  all  through  freight  rates  on  all  rail- 
roads in  Tennessee,  and  when  the  same  are,  in  the 
opinion  of  the  commission,  excessive,  or  laid  or  levied 
In  violation  of  the  interstate  commerce  law,  or  the  rules 
and  regulations  of  the  Interstate  Commerce  Commission, 
the  officials  of  the  railroad  are  to  be  notified  of  the 
facts  and  requested  to  reduce  them  or  make  the  proper 
corrections,  as  the  case  may  be.  When  the  rates  are 
not  changed,  or  the  proper  corrections  are  not  made 
according  to  the  request  of  the  commission,  the  latter 
is  instructed  to  notify  the  Interstate  Commerce  Com- 
mission  and   to   apply  to   it   for  relief. 

Duty  of  corporations  to  furnish  tariffs — Duties  of  com- 
missioner s^-^To  supervise  tariff  of  charges — Companies  to 
post  rates — Discriminations  forbidden.  §  22.  That  It  shall 
be  the  duty  of  all  persons  or  corporations  who  shall  own 
or  operate  a  railroad  in  this  State,  within  30  days  after 
the  passage  of  this  Act,  to  furnish  the  commission  with 
its  tariff  of  charges  for  transportation  of  every  kind, 
and  it  shall  be  the  duty  of  said  commission  to  revise 
said  tariff  charges  so  furnished,  and  determine  whether 
or  not,  and  in  what  particular,  if  any,  said  charges  are 
more  than  just  compensation  for  the  service  to  be 
rendered,  and  whether  or  not  unjust  discrimination  is 
made  in  such  tariff  of  charges  against  any  person,  lo- 
cality or  corporation,  and  when  such  charges  are  cor- 
rected, as  provided  by  said  commission,  the  commis- 
sion shall  then  append  a  certificate  of  its  approval  to 
said  tariff  of  charges;  but  in  revising  or  establishing 
any  and  every  tariff  of  charges,  it  shall  be  the  duty 
of  said  commission  to  take  into  consideration  the  charac- 
ter and  nature  of  the  service  to  be  performed  and  the 
entire  business  of  such  railroad,  together  with  its  earn- 
ings from  the  passenger  and  other  traffic,  and  any  other 
facts  and  circumstances  which  may  affect  the  question 
of  just  and  reasonable  rates,  and  shall  so  revise  such 
tariffs  as  to  allow  a  fair  and  just  compensation,  having 
due   regard   to   the  rights   and   interests  of  both  shipper 


and  carrier,  and  in  view  of  all  the  circumstances  and 
conditions  existing  at  the  time;  and  it  shall  be -the 
duty  of  said  commission  to  exercise  a  careful  and  watch- 
ful supervision  over  every  such  tariff  of  charges  from 
time  to  time  as  justice  to  the  public  and  each  of  said 
railroads  may  require,  and  to  increase  or  reduce  any  of 
said  rates  according  as  experience  and  business  opera- 
tions may  show  to  be  just;  and  said  commission  shall 
accordingly  fix  the  tariffs  of  charges  for  these  railroads 
failing  to  furnish  tariff  of  charges  as  above  required. 
And  it  shall  be  the  duty  of  said  railroad  companies  or 
other  persons  operating  any  railroad  in  this  State,  to 
post,  at  each  of  its  depots  all  rates,  schedules,  and  tariffs 
for  the  transportation  of  passengers  and  freights,  made 
or  approved  by  said  railroad  commission,  with  said 
certificate  of  approval,  in  some  conspicuous  place  at  the 
depot,  and  it  shall  be  unlawful  for  any  such  person  or 
corporation  to  make  any  rebate  or  reduction  from  such 
tariffs  in  favor  of  any  person,  locality  or  corporation, 
which  shall  not  be  made  in  favor  of  all  other  persons, 
localities  or  corporations  by  change  in  such  published 
rates,  except  as  may  be  allowed  by  the  commission;  and 
when  any  change  is  contemplated  to  be  made  in  the 
schedule  of  passenger  or  freight  rates  of  any  railroad  by 
the  commission,  whether  by  revising  rates  already  fixed 
by  the  railroad  commission  or  by  fixing  and  establish- 
ing rates  originally.  Said  commission  shall  give  the 
I>erson  or  corporation  operating  or  managing  said  rail- 
road notice  in  writing  at  least  10  days  before  the  change, 
of  the  time  and  place  at  which  such  change  will  be 
considered. 

Giving  rebates,  hov;  punished,  i  23.  That  any  person  or 
corporation  as  aforesaid,  who  shall  make  any  reduction  or 
rebate  prohibited  by  this  Act,  without  approval  of  the 
commission,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  $100  nor  more 
than    $500. 

Reduced  and  special  rates.  §  24.  That  this  Act  shall 
not  prevent  any  railroad  company  from  transporting 
freight  free  of  charge,  or  at  reduced  rates,  for  any 
religious,  charitable  or  benevolent  purpose,  or  for  any 
industrial  exposition,  fair  or  association  of  a  public  na- 
ture, or  for  transporting  immigrants  into  this  State,  or 
persons  prospecting  with  a  view  of  locating  or  bringing 
immigrants  into  this  State,  or  for  pleasure  excursions. 
However,  nothing  in  this  Act  shall  be  construed  so  as  to 
prevent  the  railroads  of  this  State  from  giving  special 
rates  to  encourage  infant  manufacturing  industries,  and 
for  the  encouragement  of  any  other  new  business  or  in- 
dustry, or  for  the  transportation  of  any  perishable  goods; 
provided,  that  such  transportation  shall  be  furnished 
without  discrimination,  and  under  such  rules  and,  regu- 
lations  as   the  commission   may   prescribe. 

Penalty  for  violation.  §  25.  That  if  any  railroad  com- 
pany, corporation  or  lessee  shall  wilfully  violate  any  of 
the  provisions  of  this  Act,  or  shall  do  any  act  herein 
prohibited,  or  shall  fail  or  refuse  to  perform  any  duty 
enjoined  upon  it  by  the  provisions  of  this  Act  for  which 
penalty  has  not  herein  been  provided,  for  each  and  every 
such  act  of  violation  it  shall  pay  to  the  State  of  Ten- 
nessee a  penalty  of  not  less  than  $50  nor  more  than 
$100. 

Jurisdiction  of  suits  under  this  Act.  §  26.  That  the 
Circuit  and  Chancery  Courts  and  justices  of  the  i^eace 
of  this  State  shall  have  jurisdiction  of  all  suits  of  a 
civil  nature  arising  under  the  provisions  of  this  Act, 
according  to  the  nature  of  the  suit  and  the  amount  in- 
volved, as  now  provided  by  law;  and  that  the  Circuit 
Court  shall  have  jurisdiction  of  all  criminal  proceedings 
arising  under  this  Act,  except  in  counties  where  there 
are  special  criminal  courts,  and  in  such  counties  such 
criminal  courts  shall  have  jurisdiction.  Indictments  or 
presentments  under  this  Act  shall  be  preferred  only 
upon  recommendation  or  request  of  the  railroad  com- 
mission filed  in  the  court  having  jurisdiction  of  the 
offense.  And  the  railroad  commission  or  any  member 
thereof,  or  any  person  now  authorized  by  law  to  prose- 
cute  criminal   cases,   may   be   prosecutor. 

TAmitation.  All  prosecutions  or  actions  under  this  Act 
shall  be  commenced  within  one  year  after  the  offense 
shall  have  been  committed  or  the  cause  of  action  shall 
have  accrued,  or  the  same  shall  be  barred. 


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Fines  to  State  treasurer.  All  penalties  herein  provided 
for  shall  be  recovered,  and  suit  thereon  shall  be  brought, 
in  the  name  of  the  State  of  Tennessee  in  the  proper 
court  having  jurisdiction.  All  penalties  and  fines  re- 
covered by  the  State  under  this  Act  shall  be  paid  into 
the  State  treasury.  The  attorney-general  of  the  judicial 
circuit  in  vi'hich  the  suit  is  to  be  instituted  shall  prose- 
cute suits  brought  in  the  name  of  the  State  under  this 
Act. 

Commission  to  see  law  enforced.  §  27.  That  it  is  hereby 
made  the  duty  of  the  railroad  commission  to  see  that 
the  provisions  of  this  Act  and  all  laws  of  this  State 
concerning  railroads  are  enforced  and  obeyed,  and  that 
violations  thereof  are  promptly  prosecuted,  and  all  pen- 
alties due  the  State  therefor  recovered  and  collected. 
And  said  commission  shall  report  all  such  violations  with 
the  facts  in  their  possession  to  the  district  attorney- 
general  of  the  judicial  circuit  in  which  proceedings  are  to 
be  instituted,  and  request  him  to  institute  the  proper 
proceedings.  All  suits  between  the  State  and  any  railroad 
shall  have  precedence  in  all  courts  over  all  other  suits 
pending  therein,  and  the  judges  of  said  courts  are  hereby 
directed  to  advance  such   suits  on  their  dockets. 

Unjust  discrimination — Failure  of  railroads  to  comply 
xcith  orders.  %  28.  [As  amended  by  Act  approved  April  12. 
1907.]  That  every  railroad  company  that  shall  fail  or  re- 
fuse under  such  regulations  as  may  be  prescribed  by  the 
commission  to  receive  and  transport  without  delay  or 
discrimination  the  passengers,  tonnage,  and  cars,  loaded 
or  empty,  of  any  connecting  line  of  railroad  or  other 
common  carrier  by  water  or  land,  and  every  railroad 
which  shall,  under  such  regulations  as  may  be  prescribed 
by  the  commission,  fail  or  refuse  to  transport  and  de- 
liver without  discrimination  any  passengers,  tonnage, 
cars,  loaded  or  empty,  destined  to  any  point  on  or  over 
the  line  of  any  connecting  line  of  railroad,  or  shall  re- 
fuse to  receive  and  transport  without  delay  any  freiglit 
consigned  to  any  person,  firm,  corporation  or  common 
carrier  at  any  point  in  its  line  or  any  point  on  any 
connecting  line  of  railroad,  shall  be  deemed  guilty  of 
unjust  discrimination;  and  any  railroad  or  railway  com- 
pany that  shall  fail  or  refuse  to  comply  with  the  rules 
and  regulations  adopted  by  the  commission  under  this 
section  shall,  upon  conviction,  pay  to  the  State  of  Ten- 
nessee a  penalty  of  not  less  than  $500  nor  more  than 
$1,000  for  each  offense;  provided,  tliat  perishable  freight 
of  all  kinds  and  live  stock  shall  have  precedence  of 
shipment. 

To  confer  with  other  commissions.  §  29.  That  it  shall 
be  the  duty  of  the  railroad  commission,  by  correspond- 
ence, conventions  or  otherwise,  to  confer  with  the 
railroad  commissioners  of  other  States,  and  the  Inter- 
state Commerce  Commission,  and  from  such  persons 
from  States  which  have  no  railroad  commission  as  the 
governor  of  such  States  may  appoint  for  the  purpose  of 
agreeing,  if  practicable,  upon  a  draft  of  statutes  to  be 
submitted  to  the  legislature  of  each  State,  which  shall 
secure  uniform  control  of  railroad  transportation  in  the 
several  States,  and  from  one  State  into  or  through  an- 
other State,  as  will" best  subserve  the  interest  of  trade 
and  commerce  of  the  whole  country,  and  said  commis- 
sion shall  include  in  their  annual  report  to  the  gover- 
nor an  abstract  of  the  proceedings  of  any  such  confer- 
ence  or   convention. 

Act  operative  only  in  this  State.  §  30.  That  the  provi- 
sions of  this  Act  shall  be  construed  to  apply  to  and 
affect  only  the  transportation  of  passengers,  freight  and 
cars  between  points  within  this  State;  and  this  Act 
shall  not  apply  to  street  railways,  nor  to  suburban  or 
belt  lines  of  railways  in  or  near  cities  and  towns. 

Annual  reports  to  the  governor.  §  31.  That  the  rail- 
road commission  shall,  annually,  on  the  first  day  of 
January,  make  a  report  to  the  governor  of  all  matters 
relating  to  their  office  for  the  preceding  year,  and  such 
as  will  disclose  the  practical  workings  of  the  railroads 
in  this  State,  and  such  suggestions  in  relation  thereto 
as  they  may  deem  necessary  and  proper,  together  with 
the  minutes  of  all  their  meetings,  and  shall  have  printed 
and  lay  before  each  legislature  500  copies  of  their  re- 
ports  for   the   two   preceding  years. 

Duties  and  poicers  of  commission.  §  32.  That  it  Is 
hereby  made  the  duty  of  said  commission  to  perform  all 
duties    imposed    upon    it    by    the    provisions   of   this    Act, 


ion 'a  I 

31  or  if  "■ 


and  see  that  the  railroads  shall  comply  with  all  such 
regulations  and  orders  as  it  may  reasonably  and  law- 
fully make  under  the  provisions  of  this  statute,  and  in 
case  any  railroad  company  shall  fail  and  refuse  to  com- 
ply with  such  reasonable  and  lawful  regulations  and 
orders,  it  shall  be  the  duty  of  said  commission  to  en- 
force the  same,  and  power  is  hereby  given  said  com- 
mission to  enforce  the  same  by  mandamus  or  mandatory 
injunction,  or  by  other  summary  proceedings  provided 
for  by  law,  and  in  all  such  proceedings  the  orders  and 
regulations,  rates  and  tariffs  made  and  ftxed  by  the  com- 
mission pursuant  to  this  Act  shall  be  taken  and  treated 
as  prima  facie  reasonable  and  valid,  and  it  is  hereby 
made  the  duty  of  the  courts  having  jurisdiction  in  such 
proceedings  to  hear  and  determine  all  such  summary 
causes  as  speedily  as  practicable,  giving  preference  as 
in    revenue    causes. 

Suspension  of  long  and  short  haul  section  by  the  com- 
mission. Section  33  in  the  original  Act  provided,  "That  the 
commission  created  by  this  Act  shall  be  empowered  to 
suspend  §  18  of  this  Act,  when  in  their  opinion  the  con- 
ditions are  such  that  such  suspension  will  be  beneficial 
and  to  the  best  interest  of  the  people  and  all  whom  it 
may  concern."  This  is  probably  repealed  by  chapter  li!3 
of  the  Acts  of  1901.  See  Supplement  to  Shannon;^ 
Code,    1897-1903,    page    467. 

Rail  and  river  competition.  §  34.  That  where  any 
or  town  in  this  State  has  competition  existing  in  freigif 
rates  between  railroads  and  rivers,  it  shall  be  the  du  y 
of  the  railroad  commission  provided  for  in  this  A;t 
to  regulate  the  freight  rates  of  all  railroads  in  cities  aud 
towns  so  situated,  according  to  the  rates  fixed  ai  d 
charged  by  river  transportation  companies  in  compe  i- 
tion   with   such   railroads. 

Repeal.     §  35.     That  all  laws  in  conflict  with  this  A  t 
are   hereby  repealed,   and   that  this  Act  take  effect  fro  u 
and   after   its   passage,   the   public   welfare   requiring  it. 
Passed    March    24,    1897.      Amendments    receded    frg 
April   2,   1897.     Approved  April   7,  1897. 

INCOKPORATIO?;   OF  PURCHASING   B0>'UH0I,DERS. 

Be    it   enacted   hy   the   general   assembly   of   the   Stat^^ 

Tennessee: 
Directors  may  number  twelve.  §  1.  That  chapter 
the  Acts  of  1885,  entitled  "An  Act  to  incorporate  the  pi  PI 
chasers  of  the  property  and  franchises  of  any  incorporat  ^d 
property  when  sold  under  mortgage,"  be,  and  the  sai  le 
is,  hereby  amended  so  that  the  maximum  number  af 
members  of  the  board  of  directors  of  any  corporati  )n 
heretofore  organized  and  doing  business  under  said  ^  ct 
or  hereafter  organized  shall  be  12  instead  of  nine,  is 
provided  in  said  Act;  and  that  any  such  corporati  )n 
may  from  time  to  time,  and  as  its  stockholders  ni  ly 
determine,  elect,  or  appoint  on  the  board  of  direct(  rs 
thereof,  any  number  of  directors  not  less  than  three  r  or, 
more   than   12.  J  | 

§    2.      That    this    Act    take    effect   from    and   aftetSS 
passage,   the   public   welfare   requiring  it. 

Passed  February  7,  1911.     Approved  February  9,  1911 

ASSKSSilK.NT  OF  CARS  OWNKU  HV   .VOX-RESinENTS. 

Be  it   enacted   by   the   general   assembly   of   the   Stat\ 

Tennessee: 
Cars  of  non-residents  subject  to  taxation — What  cari 
subject  to  taxation.  §  1.  That  all  railway  cars  used  in 
State,  but  belonging  to  a  person,  firm,  corporation  or 
company,  having  a  residence  or  situs  outside  of  tiis 
State,  are,  and  shall  be,  subject  to  taxation  under  he 
provisions  of  chapter  5  of  the  Acts  of  1897,  and  he 
further  provision  of  this  Act;  provided,  this  Act  si  all 
not  apply  to  passenger  cars,  nor  to  cars  owned  by  lies 
sons,  firms,  companies  or  corporations  operating 
of  railways. 

To  be  assessed  by  railroad  commission.  §  2.  That  sicB 
railway  cars  as  are  mentioned  in  §  1  of  this  Act  shall 
be  assessed  by  the  State  tax  assessors,  provided  by 
said  Act  of  1897,  now  commonly  known  as  '•railroad 
commissioners." 

Statement,  tchat  to  contain.  S3.  That  It  shall  be  the 
duty  of  the  owners  of  any  railroad  in  this  State,  when 
filing  the  schedule  provided  by  S  2  of  said  Act  of  1S97, 
to  file  also,  as  a  part  of  such  schedule,  a  sworn  state- 
ment of  the  average  number  of  cars,  if  any,  used  on  the 


i 

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Public  Service  Laws 


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road  or  roads  of  such  owner,  within  this  State,  but 
owned  by  a  person,  firni,  company  or  corporation,  having 
a  residence  or  situs  outside  of  this  State.  This  state- 
ment shail  also  show  the  name  or  names  of  the  owner 
or  owners  of  the  cars  returned  in  said  sworn  statement, 
the  place  or  places  of  residence  of  such  owner  or 
owners,  and  the  value  of  the  average  number  of  said 
cars. 

Schedule.  §  4.  That  the  comptroller  shall  receive  said 
sworn  statement,  with  the  schedule,  of  which  it  is  a 
part,  and  return  it  with  the  schedule  to  said  State  tax 
assessors,  and  said  assessors,  in  addition  to  said  sworn 
statement,  shall  have  authority  to  take  such  other 
proof,  and  obtain  such  other  information  as  to  the 
number,  ownership  and  value  of  said  cars  as  they  may 
deem  proper,  but  such  additional  evidence  shall  be  re- 
duced to  writing,  and  an  opportunity  given  to  the 
owner  or  owners  of  said  cars,  if  requested,  to  submit 
evidence  as  to  the  number,  value  and  ownership  of  said 
cars,  and  the  books  of  the  assessors  shall  at  all  times 
be  open  to  inspection  by  such  owner  or  owners. 

Duhj  of  tax  assessors.  S  5.  That  is  shall  be  the  duty  of 
said  tax  assessors,  to  assess  said  average  number  of  cars  to 
the  owner  or  owners  thereof,  at  their  value,  on  or  be- 
fore the  first  Monday  in  August,  1901,  and  biennially 
thereafter,  so  long  as  the  owner  or  owners  shall  use 
such  cars  in  this  State. 

When  the  owner  may  be  heard.  §  6.  That  within  10 
days  from  the  first  Monday  in  August  of  any  year,  in 
which  an  assessment  shall  be  made,  as  herein  provided, 
the  owner  or  owners  of  said  cars  may  appear  and  file 
exceptions  to  the  assessment  thereof,  and  at  the  expira- 
tion of  said  period  of  10  days  the  assessors  shall  rule 
on  the  exceptions,  and  change  the  assessment  if  they 
shall  deem  proper,  and  on  or  before  the  first  Monday  in 
September,  next  following,  the  assessors  shall  file  the 
assessment  with  the  comptroller,  together  with  all  evi- 
dence  relating   to   the   same. 

Assessment  to  6e  delivered  to  board  oj  equalizers.  §  7. 
That  the  comptroller  shall  deliver  said  assessment  and 
evidence  to  the  chairman  of  the  board  of  equalization, 
provided  by  S  12  of  said  Act  of  1897,  within  three 
days  after  receiving  the  same,  and  the  board  of  equaliza- 
tion shall  proceed  to  examine  the  assessment  and  evi- 
dence and  shall  increase  or  diminish  the  valuation  of 
the  cars,  if  they  shall  see  proper,  and  before  acting 
on  the  assessment  they  may  require  the  production  of 
any  additional  evidence,  and  shall  consider  the  same 
In  fixing  the  value  of  the  property,  and  the  assessment 
shall  not  be  deemed  complete  until  final  action  is  taken 
thereon    by    the    board    of   equalization. 

Certificate  of  valuation.  §  8.  That  on  or  before  the 
third  Monday  in  October,  next  following  the  making  of 
any  assessment,  as  aforesaid,  said  board  of  equalization 
shall  certify  to  the  comptroller  the  valuation  of  any 
property  assessed  under  the  provisions  of  this  Act:  and 
the  action  of  the  board  of  equalization,  in  fixing  such 
valuation,  shall  be  final  and  conclusive,  and  the  value  as 
fixed  shall  be  the  taxable  value  of  the  property, 
and   the  taxes   thereon   shall  be  paid. 

Comptroller  to  notify  owners.  %  9.  That  as  soon  as  tho 
comptroller  shall  have  received  said  valuation  from  the 
board  of  equalization,  he  shall  ascertain  the  amount 
of  taxes  due  the  State,  from  the  owner  of  the  property 
assessed,  and  notify  the  owner  of  the  same  by  letter 
or  otherwise,  and  he  shall  certify  to  the  County  Court 
clerk  of  each  county  in  which  any  of  such  property  is 
used,  the  amount  to  be  taxed  in  his  county  for  county 
purposes. 

Taxes  a  Hen  in  favor  of  State.  §  10.  That  the  taxes  so 
assessed  in  behalf  of  the  State  and  counties  shall  be 
a  first  lien  upon  the  property  from  the  10th  of  Janu- 
ary of  the  year  for  which  the  taxes  are  assessed,  and 
they  shall  be  due  and  delinquent,  as  all  other  ad 
valorem  taxes. 

Comptroller  to  colled  State  tax.  §  11.  That  the  taxen 
60  assessed  on  behalf  of  the  State  shall  be  collected  by 
the  comptroller  and  paid  into  the  State  treasury  as  soon 
as  received  by  him,  and,  if  the  same  shall  be  delinquent, 
he  shall  issue  distress  warrants  against  the  owner  of 
any  such  property  to  any  sheriff  in  the  State,  whose 
duty  it  shall  be  to  collect  the  same  and  make  a  return 
within  30  days. 


Procedure.  §  12.  That  the  taxes  due  to  any  county 
shall  be  collected  as  any  other  county  taxes  may  be 
collected,  by  law,  and  at  the  rate  fixed  by  such  county. 
Be  it  further  enacted: 

Other  statute  applicable.  §  13.  That  all  of  the  provi- 
sions of  chapter  5  of  the  Acts  of  1897,  so  far  as  appro- 
priate and  not  in  conflict  with  the  provisions  of  this 
Act,  shall  be  applicable  to  the  assessment  and  collection 
of   taxes   on   said   cars. 

In  effect  forthwith.  §  14.  That  this  Act  take  effect 
from  and  after  its  pasage,  the  public  welfare  re- 
quiring it. 

Passed  April   17,   1901.     Approved  April   20,   1901. 

T.\XATIO.\    OF    PUBLIC    UTILITIES. 

(Act  approved  April  30,  1897.  See  also  supplement  to 
Shannon's  Code,  1897-1903,  page  199.) 

Be   it   enacted    by   the  general   assembly   of   the   State   of 
Tennessee. 

Office  created.  §  1.  That  the  office  of  State  tax  assess- 
ors is  hereby  created  with  the  powers  and  duties  here- 
inafter  prescribed. 

Appointment  and  qualification.  It  shall  be  the  duty  of 
the  governor,  on  or  before  the  first  Monday  in  May, 
1897,  and  biennially  thereafter,  to  appoint  three  free- 
holders, being  citizens  of  the  State  of  Tennessee,  neither 
of  whom  shall  be  interested  in  nor  connected  in  any 
manner  with  the  management  of  any  railroad,  telegraph  or 
telephone  company,  and  shall  commission  them  as  State 
tax  assessors,  who  shall  hold  their  office  for  a  period 
of  two  years  from  the  first  Monday  in  May;  and  until 
their  successors  are  appointed  and  qualified;  provided, 
said  appointments  shall  not  be  made  it  a  railroad  com- 
mission shall  be  created  at  the  present  session  of  the 
general  assembly  authorizing  and  requiring  the  appoint- 
ment of  three  railroad  commissioners  (other  than  State 
officers)  with  salaries,  attached,  and  in  that  event,  said 
railroad  commissioners  shall  ex-officio  constitute  the  "State 
tax  assessors"  of  railroads,  and  shall  be  authorized  and  re- 
quired to  perform  all  acts,  duties,  etc.,  prescribed  by  this 
Act,  without  other  salary  or  compensation  than  that  al- 
lowed under  the  Act  creating  a  railroad  commission. 

Oath — Compensation.  Said  assessors  shall,  before  en- 
tering upon  the  discharge  of  their  duties,  respectively  take 
and  subscribe  to  an  oath  before  a  judge  of  the  State  of 
Tennessee  (who  shall  certify  the  same  to  the  secretary  of 
the  State  for  preservation),  that  they  will  honestly,  faith- 
fully and  without  fear,  favor  or  partiality,  discharge  all 
the  duties  imposed  upon  them  by  law.  They  shall  be  paid 
for  their  services  the  sum  of  $6  per  day  while  engaged  in 
the  discharge  of  their  duties,  together  with  actual  traveling 
expenses,  verified  by  affidavit,  all  of  which  shall  be  paid  by 
warrant  issued  by  the  comptroller;  provided,  that  no  ex- 
penses, other  than  office  materials,  shall  be  charged  or  paid 
during  the  time  said  assessors  are  engaged  in  the  discharge 
of  their  duties  at  the  capitol. 

Organization.  On  the  first  Monday  in  May  after  their 
appointment  and  qualification,  said  assessors  shall  meet 
at  the  State  capitol  and  organize  by  selecting  one  of  their 
number  president  and  selecting  a  secretary,  who  shall  be 
paid  for  his  services  the  sum  of  ?4  per  day  during  the  time 
he  is  engaged  in  the  discharge  of  the  duties  herein  imposed 
upon  him. 

Pay  limited.  Said  assessors  shall  not  be  paid  for  more 
than  90  days'  service  unless  otherwise  directed  by  the  gov- 
ernor, who  is  authorized  to  direct  said  assessors  to  continue 
in  the  further  discharge  of  their  duties  for  a  period  not  ex- 
ceeding 60  days  during  their  term  of  office. 

Quorum.  That  any  two  of  said  assessors  shall  be,  and 
constitute  a  lawful  board  of  assessors  and  may  do  and 
perform  all  the  duties  enjoined  upon  them  by  this  Act, 
and  they  may  jointly  and  singly  examine  any  property 
hereinafter  required  to  be  assessed  by  them. 

Corporation  to  file  schedules.  S  2.  That  it  shall  be  the 
duty  of  the  owners  of  any  railroad,  telegraph  or  telephone 
property  in  the  State  of  Tennessee,  to  file  with  the  comp- 
troller of  the  State  on  or  before  the  first  day  of  May,  1907, 
and  biennially  thereafter  on  or  before  said  date  the  follow- 
ing schedules: 

Railroad  schedules.  The  schedules  required  of  the  owner 
of  any  railroad  property  engaged  in  the  business  of  com- 
mon carriers,  shall  contain  a  statement  of  all  its  property. 


1268 


National  Association  of  Kailway  Commissioners 


real,  personal  and  mixed,  owned  or  leased  by  such  com- 
panies, setting  forth  therein  the  length  in  miles  of-its  en- 
tire roadbed,  switches  and  sidetracks,  showing  the  number 
of  miles  lying  in  this  State,  in  each  county  of  this  State, 
and  each  incorporated  town  in  this  State,  and  the  value  of 
the  whole,  the  amount  of  the  capital  stock,  bonded  debt, 
the  gross  annual  receipts  of  the  preceding  fiscal  year,  the 
number  of  cars,  their  classes  and  value,  the  number  of  en- 
gines and  their  value,  the  location,  description,  and  value 
of  all  depot  buildings,  warehouses  and  other  real  estate, 
where  located,  and  all  real,  personal  and  mixed  property  be- 
longing to  the  company,  not  before  enumerated,  together 
with  its  value. 

Telegraph  and  telephone  schedules.  The  schedule  re- 
quired of  the  owners  of  telegraph  and  telephone  properties 
shall  contain  a  complete  statement  of  the  number  of  miles 
of  lines  of  wires  of  its  entire  property,  and  showing  how 
many  miles  thereof  are  in  this  State,  and  in  each  incorpo- 
rated town  and  county,  together  with  the  value  of  the 
whole;  the  total  number  of  instruments  in  use  in  this 
State,  and  their  value,  the  number  of  batteries,  and  their 
value,  the  capital  stock,  the  gross  receipts  from  the  busi- 
ness in  this  State  during  the  preceding  fiscal  year;  and 
the  location,  value  and  description  of  all  other  property, 
real,  personal  and  mixed,  in  this  State. 

Schedules  to  &e  verified.  §  3.  That  said  schedules  shall 
be  verified  by  the  aflSdavit  of  the  owner  or  receiver  of  any 
such  property,  and  if  owned  by  a  corporation  or  joint  stock 
company,  the  president  or  secretary  shall  make  such  affi- 
davit; and  said  schedule  shall  be  filed  with  the  comptroller 
of  the  State  within  the  time  above  prescribed;  and  the 
owner  of  any  such  property  refusing  or  failing  to  file  said 
schedule  shall  be  deemed  to  have  waived  the  mode  and  man- 
ner of  ascertaining  the  value  of  such  property,  and  shall 
not  be  permitted  to  be  heard  in  opposition  to  the  valuation 
fixed  upon  such  property  by  said  State  tax  assessors,  and 
shall,  in  addition,  be  liable  to  a  penalty  of  $1,000,  and  it 
shall  be  the  duty  of  the  attorney-general  of  the  State  io 
sue  for  and  collect  the  same  before  any  court  of  competent 
jurisdiction  in  the  same  manner  as  any  other  debt,  penalty, 
or  forfeiture  is  now  collected  by  law. 

Comptroller  to  furnish  schedules.  §  4.  That  said  State 
tax  assessors  shall  receive  from  the  comptroller  the  sched- 
ules fixed,  immediately  upon  their  organization,  and  it  is 
hereby  made  the  duty  of  the  comptroller  to  deliver  the 
same  to  said  State  tax  assessors,  and  they  shall  immedi- 
ately proceed  to  ascertain  the  value  of  said  property  for 
taxation. 

Valuation  of  property,  how  ascertained.  §  5.  That  SHid 
State  tax  assessors,  in  arriving  at  the  valuation  of  said 
property,  shall  have  in  view,  and  look  to,  the  capital  stock, 
the  corporate  property,  franchises  of  each  company,  and 
the  gross  receipts;  and  the  market  value  of  the  shares 
of  stock  and  bonded  debt;  and  to  ascertain  these  facts 
they  are  hereby  invested  with  the  power  to  summon  before 
them  any  person  or  persons  and  call  for  any  books,  admin- 
ister oaths,  and  examine  any  such  person  or  books  touching 
any  matter  deemed  necessary  to  enable  them  to  arrive  at 
the  correct  value  of  such  property;  and  they  may  issue 
summons  to  any  county  in  the  State  to  be  executed  by  the 
sheriff  of  such  county. 

Penalty.  Any  person  so  called  on  to  testify  shall  be 
guilty  of  perjury,  if  he  shall  testify  falsely;  and  any  person 
failing  to  attend  when  summoned,  shall  be  guilty  of  a 
misdemeanor  punishable  by  a  fine  of  $100  and  30  davs 
In  jail. 

Itemized  property.  §  6.  That  the  road  of  any  railroad 
property  shall  include  all  sidetracks,  switches,  bridges, 
trestles,  ties,  rails  and  superstructure  of  every  kind;  that 
the  line  of  any  telegraph  and  telephone  company  shall  in- 
clude all  wires,  poles,  instruments  and  rights  of  way. 

Distributable  property.  §  7.  That  the  roadbed,  rolling 
stock,  franchises,  choses  in  action  and  personal  property 
of  a  railroad  property  having  no  actual  situs,  shall  be 
known  as  distributable  property  and  shall  be  valued  sepa- 
rately from  the  other  property;  and  after  ascertaining  the 
total  value  of  such  distributable  property  wherever  situ- 
ated, and  after  having  deducted  from  this  value  $1,000, 
said  assessors  shall  divide  the  remainder  by  the  number  ot 
miles  of  the  entire  length  of  the  road,  and  the  result  shall 
be  the  value  per  mile  of  such  distributable  property  for 
the  purpose  of  taxation;  and  the  value  per  mile  of  such  dis- 
tributable property  shall  be  multiplied  by  the  number  of 


i  a  ~ 


miles  In  this  State,  and  the  product  thereof  shall  ba- 
the sum  to  be  assessed  against  such  property  for  State 
purposes;  and  the  value  per  mile  so  ascertained  shall  be 
multiplied  by  the  number  of  miles  in  each  county  or  incor- 
porated city,  and  the  product  shall  be  the  amount  to  be 
assessed  upon  such  property  by  said  counties  and  incor- 
porated towns  respectively. 

Localized  property.  §  8.  That  the  depot  buildings  and 
other  property,  real,  personal  and  mixed,  having  an  actual 
situs,  shall  he  known  as  the  localized  property  of  such  rail- 
road, and  shall  be  valued  separately  according  as  the  same 
may  be  located  in  any  of  the  counties  or  incorporated 
towns  in  this  State. 

Proceedings  to  be  kept.  §  9.  That  it  shall  be  the  duty 
of  the  secretary  of  said  assessors  to  transcribe  into  a  well- 
bound  book  the  entire  proceedings  of  said  assessors  to  be 
approved  and  signed  by  them  each  day. 

The  secretary  shall  carefully  preserve  and  file  away  all 
reports,  documents  and  proof  taken  and  used  by  said  ais- 
sessors. 

Additional  proof.  S  10.  That  said  assessors  shall,  in  ad- 
dition to  the  schedules  hereinbefore  required,  take  such 
additional  proof  and  require  such  additional  Information  of 
the  value  of  any  property  to  he  assessed  by  them  as  may  te 
deemed  proper,  but  such  additional  evidence  shall  be  r;- 
duced  to  writing  and  an  opportunity  afforded,  if  desired,  to- 
the  owner  of  any  property  to  submit  additional  evidence  cr 
counter  evidence  to  that  acquired  by  said  assessors,  and 
the  records  of  the  assessors  shall  at  all  times  be  open  io 
inspection  to  the  owner  or  owners  of  any  property  assi 
able  under  the  provisions  of  this  Act. 

Assessments  to  be  completed,  when.  §  11.  That  said  a  ~ 
sessments  shall  be  completed  on  or  before  the  first  Monday 
In  August,  and  within  10  days  from  the  first  Monday  ia 
August  the  owner  of  any  property  assessed  may  appec  r 
and  file  exceptions  to  said  assessments,  together  with  sucb 
evidence  as  they  may  desire  to  submit  as  to  the  value  of  tl  o 
property  assessed;  and  at  the  expiration  of  said  10  daj  & 
said  assessors  shall  reassemble  and  examine  such  addition; .1 
evidence  and  exceptions  as  may  have  been  filed  and  chani  e 
the  valuation  accordingly;  on  or  before  the  first  Mondsy 
in  September  said  State  tax  assessors  shall  file  with  tl  e 
comptroller  the  assessments  made  by  them  together  with  a  I 
other  records  of  every  kind  and  character. 

Board  of  equalization — Duty  and  powers.  §  12.  That  tl  e 
governor,  treasurer  and  secretary  of  State  are  hereby  co  i- 
stituted  a  board  of  equalization,  of  which  the  goverm  r 
shall  be  chairman,  and  the  secretary  of  State,  secretar  ■', 
and  within  three  days  after  the  comptroller  shall  ha'  e 
received  the  assessments  and  records  from  said  State  ti  x 
assessors,  he  shall  deliver  the  same  to  the  governor  ai  d 
said  board  of  equalization  shall  proceed  to  examine  sa  d 
assessments,  so  made  by  the  assessors,  and  they  are  here)  y 
authorized  to  increase  or  diminish  the  valuation  plaei4 
upon  any  property  valued  by  said  assessors,  and  are  furth  i 
authorized  to  require  of  said  assessors  any  additional  c  '- 
dence  touching  any  one  or  more  of  the  properties  assepsi  1. 
and  shall  consider  such  additional  evidence  so  fu.nisi;  d 
by  said  assessors  in  fixing  the  correct  value  of  any  propei  y 
so  assessed,  and  said  assessments  shall  not  be  deemed  co n- 
plete  until  corrected  and  approved  by  said  board  of  equa  i- 
zatlon;  and  the  governor  is  hereby  authorized  to  call  (i- 
gether  said  assessors  at  any  time  to  perform  the  duti  s 
imposed  upon  them. 

To  certify  valuations  to  the  comptroller.  §  13.  That  )n 
or  before  the  third  Monday  in  October  said  board  of  equali- 
zation shall  certify  to  the  comptroller  the  valuation  fix  d 
by  it  upon  each  property  assessed  under  this  Act,  and  t  ic 
action  of  the  board  of  equalization  in  fixing  the  valuati  m 
upon  such  property  shall  be  conclusive  and  final  and  the 
valuation  so  fixed  shall  be  assessed  against  said  propej 
and  the  taxes  due  thereunder  be  paid.  ] 

Comptroller's  duties.  §  14.  That  as  soon  as  the  corf 
troller  shall  have  received  said  valuations  from  the  board 
of  equalization,  he  shall  ascertain  the  amount  of  taxes  due 
the  State  from  the  owner  of  each  property  assessed  and 
notify  the  owner  of  the  same  by  letter  or  otherwise,  and 
he  shall  certify  to  the  County  Court  clerk  of  each  county  in 
which  any  such  property  lies  the  amount  to  be  taxed  In 
said  counties  respectively  for  county  purposes;  and  like- 
wise to  the  mayor  of  any  Incorporated  town  the  amount  to 
be  taxed  by  such  town. 

Taxes  a  first  lien.     §  15.    That  the  taxes  so  assessed  In 


I 


Public  Service  Laws 


1269 


behalf  of  the  State,  counties  and  cities  shall  be  a  first  lien 
upon  the  property  from  the  tenth  of  January  of  the  year 
for  which  the  taxes  are  assessed,  and  they  shall  be  due  and 
delinquent  as  all  other  ad  valorem  taxes. 

Collection  and  disposition  of  taxes.  §  16.  That  the  taxes 
so  assessed  on  behalf  of  the  State  shall  be  collected  by  the 
comptroller  and  paid  into  the  State  treasury  as  soon  as  re- 
ceived by  them,  and  if  the  same  shall  become  delinquent 
he  shall  issue  distress  warrants  against  the  owner  of  any 
such  property  to  any  sheriff  in  the  State,  whose  duty  it  shall 
be  to  collect  the  same  and  make  a  return  thereof  within  30 
days;  and  if  the  taxes  shall  not  be  collected  by  the  sheriff, 
it  shall  be  the  duty  of  the  comptroller  to  advertise  said 
property  for  a  period  of  30  days  by  weekly  publications  in 
a  newspaper  published  in  the  city  of  Nashville,  Tennessee, 
and  at  the  expiration  of  such  time  sell  at  the  court  house 
door  said  property  for  cash,  free  from  the  equity  of  re- 
demption, and  execute  to  the  purchaser  a  deed  or  deeds 
to  the  property  so  sold,  and  after  reserving  the  expenses 
of  such  sale  and  the  taxes,  together  with  6  per  cent  interest 
from  the  time  the  same  became  delinquent,  hold  the  re- 
mainder subject  to  the  order  of  the  owner  of  such  prop- 
erty so  sold. 

County  and  city  taxes.  §  17.  That 'the  taxes  due  to  any 
county  or  city  shall  be  collected  as  any  other  county  or  city 
taxes  may  be  collected  by  law  and  at  the  rate  fixed  by  such 
county  or  city. 

Time  and  mode  of  assessments.  §  18.  That  said  assess- 
ments shall  be  made  biennially  beginning  with  the  year 
1897. 

§  19.  That  the  State  tax  assessor  shall  not  assess  any 
other  telephone  and  telegraph  property  except  the  lines  of 
wires,  poles,  instruments,  batteries,  etc.,  but  real  estate  and 
personal  property  having  an  actual  situs  shall  be  assessed 
by  regular  county  and  city  assessors. 

Errors  and  omissions  in  assessments,  how  correctecl: 
%  20.  That  if  at  any  time  it  shall  appear  to  the  satis- 
faction of  the  governor  of  Tennessee  that  any  railroad,  tele- 
graph or  telephone  company  is  inadequately  assessed,  or 
that  its  property  has  been  omitted  from  taxation,  or  any 
new  line  has  been  contracted,  it  shall  be  his  duty,  and  he 
shall  have  the  power  to  convene  the  said  board  of  assessors 
to  make  the  proper  assessment,  and  they  shall  have  the 
power  to  do  so,  and  their  assessment  shall  go  to  the  board 
of  equalizers  as  upon  appeal  upon  the  record,  as  is  provided 
in  cases  of  assessment  in  the  first  instance.  The  board 
of  equalizers  shall  examine  and  act  upon  such  record  as 
soon  as  practicable  and  certify  their  final  action  to  the 
comptroller,  the  correction  of  the  taxes  so  assessed  to  be 
then  proceeded  with  according  to  the  regular  course;  and 
neither  the  comptroller  of  the  treasury  nor  any  other  oth- 
cer  than  said  board  of  assessors  shall  have  the  power  or 
authority  to  back-assess,  or  assess  any  railroad,  telephone 
or  telegraph  company. 

Repeal.  §  21.  That  all  laws  and  parts  of  laws  in  con- 
flict with  the  provisions  of  this  Act  be,  and  the  same  are 
hereby,  repealed,  and  that  this  Act  take  effect  from  and  after 
its  passage,  the  public  welfare  requiring  it. 

Passed  April  5,-1897. 

Approved  April  30,  1897. 

TAXATION     OF    INTEKTJEBAN    ROADS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Tennessee: 

§  1.  That  the  State  tax  assessors  created  by  chapter  5 
of  the  Acts  of  the  general  assembly  of  1897  shall  have, 
and  are  hereby  given,  authority  to  assess  for  taxation  for 
State,  county  and  municipal  purposes,  all  Interurban  rail- 
road and  street  railroad  properties  in  the  State  of  Tennes- 
see, and  no  assessment  of  such  properties  shall  be  made 
in  any  other  manner  or  by  any  other  oflScer  except  and  as 
provided  in  this  Act. 

§  2.  That  the  State  tax  assessors  shall  assess  interurban 
and  street  railroad  properties  biennially  and  at  the  sam.e 
time  that  they  assess  railroad,  telegraph  and  telephone 
properties. 

§  3.  That  every  person  or  corporation  owning,  leasing 
or  operating  interurban  and  street  railroad  properties  (in- 
cluding electric  light  and  power  properties  when  owned  or 
operated  in  conjunction  with  street  railroad  properties), 
shall  file  with  the  comptroller  of  the  State,  biennially,  on 
or  before  the  first  day  of  April,  commencing  with  the  year 
1905,  a    schedule  or  schedules  stating  and  giving  the  fol- 


lowing facts  and  Information,  viz.:  A  list  or  statement  of 
all  his  or  its  property,  real,  personal  and  mixed,  owned  or 
leased,  setting  forth  therein  the  length  in  miles  of  the 
entire  roadbed,  switches  and  sidetracks,  showing  the  num- 
ber of  miles  in  each  county  and  the  number  of  miles  in  each 
city  or  Incorporated  town,  the  value  of  the  whole  amount 
of  capital  stock,  if  owned  by  a  corporation  the  bonded 
debt,  the  gross  annual  receipts  of  the  preceding  fiscal  year, 
the  number  of  cars,  their  classes  and  value,  the  location, 
description  and  value  of  all  car  sheds,  transfer  stations, 
power  houses,  and  other  real  estate,  and  all  real,  personal 
and  mixed  property  belonging  to  the  person  or  company 
owning  said  railroad,  if  a  part  of  and  used  in  connection 
therewith,  together  with  its  value. 

§  4.  That  said  schedule  shall  be  verified  by  the  affidavit 
of  the  owner  of  said  property,  and  if  said  owner  be  a  cor- 
poration the  affidavit  shall  be  made  by  the  president  or 
secretary  thereof;  that  said  schedule  shall  be  filed  with  the 
comptroller  of  the  State  within  the  time  above  prescribed; 
and  the  owner  of  such  property  refusing  or  failing  to  file 
such  schedule  shall  be  deemed  to  have  waived  the  mode 
and  manner  of  ascertaining  the  value  of  such  property, 
and  shall  not  be  permitted  to  be  heard  in  opposition  to  the 
value  fixed  upon  such  property  by  said  State  tax  assessors, 
and  shall  in  addition  be  liable  to  a  penalty  of  $1,000;  and  it 
shall  be  the  duty  of  the  attorney-general  of  the  State  to 
sue  for  and  collect  the  same  before  any  court  of  competent 
jurisdiction  in  the  same  manner  as  any  other  debt,  penalty 
or  forfeiture  is  now  collected  by  the  law. 

§  5.  That  said  State  tax  assessors  shall  receive  from  the 
comptroller  the  schedules,  and  it  is  hereby  made  the  duty 
of  the  comptroller  to  deliver  the  same  to  the  State  tax  as- 
sessors, and  they  shall  immediately  proceed  to  ascertain 
the  value  of  said  property  for  taxation. 

§  6.  That  the  said  State  tax  assessors  in  arriving  at 
the  valuation  of  said  property  for  taxation  shall  have  in 
view  and  look  to  the  capital  stock  of  the  company,  the  cor- 
porate property  and  franchises,  the  gross  receipts,  the 
expenditures  for  betterments,  improvements  and  repairs; 
(the  expenditures  for  betterments,  improvements  and  re- 
pairs) the  market  value  of  the  shares  of  the  stocks  and 
bonds,  and  all  other  facts  that  may  throw  light  upon  and 
show  the  value  of  said  property  to  be  assessed;  and  to  as- 
certain these  facts,  the  State  tax  assessors  are  hereby  in- 
vested with  power  to  summon  before  them  any  person  or 
persons  and  call  for  any  books,  administer  oaths  and  ex- 
amine any  such  person  or  books  touching  any  matters 
deemed  necessary  to  enable  them  to  arrive  at  the  correct 
value  of  such  property;  and  they  may  issue  summons  to 
any  county  in  the  State,  to  be  executed  by  the  sheriff 
of  such  county.  Any  person  so  called  on  to  testify  shall 
be  guilty  of  perjury  if  he  shall  testify  falsely;  and  any  per- 
son failing  to  attend  when  summoned  shall  be  guilty  of  a 
misdemeanor  punishable  by  a  fine  of  $100  and  30  days  in 
jail. 

§  7.  That  the  roadbed,  rolling  stock,  franchises,  choses 
in  action  and  personal  property  of  a  railroad  having  no 
actual  situs,  shall  be  known  as  distributable  property,  and 
shall  be  valued  separately  from  the  other  property;  and 
after  ascertaining  the  total  value  of  such  distributable 
property  wherever  situated,  and  after  having  deducted  from 
this  value  $1,000,  said  assessors  shall  divide  the  remainder 
by  the  number  of  miles  of  the  entire  length  of  the  road,  and 
the  result  shall  be  the  value  per  mile  of  such  distributable 
property  for  the  purposes  of  taxation;  and  the  value  per 
mile  of  such  distributable  property  shall  be  multiplied  by 
the  number  of  miles  in  this  State,  and  the  product  thereof 
shall  be  the  sum  to  be  assessed  against  such  property  for 
State  purposes;  and  the  value  per  mile  so  ascertained  shall 
be  multiplied  by  the  number  of  miles  in  each  county  or 
incorporated  city,  and  the  product  shall  be  the  amount  to 
be  assessed  upon  such  property  by  said  counties  and  incor- 
porated towns  respectively. 

§  8.  That  transfer  stations,  car  sheds,  power  houses,  and 
real  estate  shall  be  valued  separately,  as  localized  property. 
Be  it  further  enacted: 

§  9.  That  it  shall  be  the  duty  of  the  secretary  of  the 
said  assessors  to  transcribe  into  a  well-bound  book  the 
entire  proceedings  of  said  assessors  to  be  approved  and 
signed  by  them  each  day. 

The  secretary  shall  carefully  preserve  and  file  away  all 
reports,  documents  and  proof  taken  and  used  by  said  as- 
sessors. 

§  10.  That  said  assessors  shall  in  addition  to  the  sched- 
ules hereinbefore  required  take  such  additional  proof  and 


1270 


National  Association  of  Railway  Commissioners 


require  such  additional  information  of  the  value  of  any 
property  to  be  assessed  by  them  as  may  be  deemed  proper, 
but  such  additional  evidence  shall  be  reduced  to  writing 
and  an  opportunity  afforded.  If  desired,  to  the  owner  of 
any  property  to  submit  additional  evidence  or  counter  evi- 
dence to  that  acquired  by  said  assessors,  and  the  records 
of  the  assessors  shall  at  all  times  be  open  to  inspection  to 
the  owner  or  owners  of  any  property,  assessable  under  the 
provisions  of  this  Act. 

§  11.  That  said  assessments  shall  be  completed  on  or 
before  the  first  Monday  in  August  and  within  10  days  from 
the  first  Monday  in  August  the  owner  of  any  property  as- 
sessed may  appear  and  file  exceptions  to  said  assessments, 
together  with  such  evidence  as  they  may  desire  to  submit  as 
to  the  value  of  the  property  assessed;  and  at  the  expira- 
tion of  said  10  days  said  assessors  shall  reassemble  and  ex- 
amine such  additional  evidence  and  exceptions  as  may  have 
been  filed  and  change  the  valuation  accordingly;  on  o. 
before  the  first  Monday  in  September  said  State  tax  assess- 
ors shall  file  with  the  comptroller  the  assessments  made 
by  them  together  with  all  other  records  of  every  kind  and 
character. 

§  12.  That  the  governor,  treasurer  and  secretary  of 
State  are  hereby  constituted  a  board  of  equalization,  of 
which  the  governor  shall  be  chairman,  and  the  secretary  of 
State,  secretary,  and  within  three  days  after  the  comp- 
troller shall  have  received  the  assessments  and  records 
from  said  State  tax  assessors,  he  shall  deliver  the  same  to 
the  governor  and  said  board  of  equalization  shall  proceed 
to  examine  said  assessments,  so  made  by  the  assessors,  and 
they  are  hereby  authorized  to  increase  or  diminish  the  valu- 
ation placed  upon  any  property  valued  by  said  assessors, 
and  are  further  authorized  to  require  of  said  assessors  any 
additional  evidence  touching  any  one  or  more  of  the  prop- 
erties assessed,  and  shall  consider  such  additional  evidence 
so  furnished  by  said  assessors  in  fixing  th«  correct  value  of 
any  property  so  assessed,  and  said  assessments  shall  not 
be  deemed  complete  until  corrected  and  approved  by  said 
board  of  equalization;  and  the  governor  is  hereby  author- 
ized to  call  together  said  assessors  at  any  time  to  perform 
the  duties  imposed  upon  them. 

§  13.  That  on  or  before  the  third  Monday  in  October, 
said  board  of  equalization  shall  certify  to  the  comptroller 
the  valuation  fixed  by  it  on  each  property  assessed  under 
this  Act,  and  the  action  of  the  board  of  equalization  in  fix- 
ing the  valuation  of  such  property  shall  be  conclusive  and 
final  and  the  valuation  so  fixed  shall  be  assessed  against 
said  property  and  the  taxes  due  thereunder  be  paid. 

§  14.  That  as  soon  as  the  comptroller  shall  have  re- 
ceived said  valuations  from  the  board  of  equalization,  he 
shall  ascertain  the  amount  of  taxes  due  the  State  from  the 
owner  of  each  property  assessed  and  notify  the  owner  of 
same  by  letter  or  otherwise,  and  he  shall  certify  to  the 
County  Court  clerk  of  each  county  in  which  any  of  such 
property  lies  the  amount  to  be  taxed  in  said  counties  re- 
spectively for  county  purposes;  and  likewise  to  the  mayor 
of  any  incorporated  town  the  amount  to  be  taxed  by  such 
town. 

§  15.  That  the  taxes  so  assessed  in  behalf  of  the  State, 
counties  and  cities  shall  be  a  first  lien  upon  the  property 
from  the  tenth  of  January  of  the  year  for  which  the  taxes 
are  assessed,  and  they  shall  be  due  and  delinquent  as  any 
other  ad  valorem  taxes. 

§  16.  That  the  taxes  so  assessed  on  behalf  of  the  State 
shall  be  collected  by  the  comptroller  and  paid  into  the 
State  treasury  as  soon  as  received  by  them,  and  if  the  same 
shall  become  delinquent  he  shall  issue  distress  warrants 
against  the  owner  of  any  such  property  to  any  sheriff  in 
the  State  whose  duty  it  shall  be  to  collect  the  same  and 
make  a  return  thereof  within  30  days;  and  if  the  taxes 
shall  not  be  collected  by  the  sheriff,  it  shall  be  the  duty 
of  the  comptroller  to  advertise  said  property  for  a  period 
of  30  days  by  weekly  publications  in  a  newspaper  published 
In  the  city  of  Nashville,  Tennessee,  and  at  the  expiration  of 
such  time  sell  at  the  court  house  door  said  property  for 
cash,  free  from  the  equity  of  redemption,  and  execute  to 
the  purchaser  a  deed  or  deeds  to  the  property  so  sold, 
and  after  reserving  the  expenses  of  such  sale  and  taxes, 
together  with  6  per  cent  interest  from  the  time  the  same 
became  delinquent,  hold  the  remainder  subject  to  the  order 
of  the  owner  of  such  property  so  sold. 

§  17.  That  the  taxes  due  to  any  county  or  city  shall 
be  collected  as  any  other  county  or  city  taxes  may  be  col- 
lected by  law  and  at  the  rate  fixed  by  such  county  or  city. 


§  18.  That  if  at  any  time  it  shall  appear  to  the  satis- 
faction of  the  governor  of  Tennessee,  that  any  street  rail- 
road is  inadequately  assessed,  or  that  its  property  has  been 
omitted  from  taxation,  or  any  new  line  has  been  con- 
structed, it  shall  be  his  duty,  and  he  shall  have  the  power 
to  convene  said  board  of  assessors  to  make  the  proper 
assessment,  and  they  shall  have  the  power  to  do  so,  aad 
their  assessment  shall  go  to  the  board  of  equalizers  upon 
appeal  upon  the  record  as  is  provided  in  cases  of  assessment 
In  the  first  instance.  The  said  board  of  equalizers  shall 
examine  and  act  upon  such  record  as  soon  as  practicable 
and  certify  their  final  action  to  the  comptroller,  the  col- 
lection of  the  taxes  so  assessed  to  be  then  proceeded  with 
according  to  the  regular  course  and  neither  the  comp- 
troller of  the  treasury  or  any  other  officer  than  said  board 
of  assessors  shall  have  the  power  or  authority  to  back- 
assess  or  assess  any  railroad,  telephone  or  telegraph  com- 
pany. 

§  19.  That  all  laws  and  parts  of  laws  In  conflict  with 
the  provisions  of  this  Act  be,  and  the  same  are  herel)y, 
repealed  and  that  this  Act  take  effect  from  and  after  its 
passage,  the  public  welfare  requiring  it. 

Passed  April  15,  1905. 

Approved  April  17,  1905. 


TAXES  ON  FOKEIGN  CORPOR.\T10XS. 


II 


Be  it  enacted  by  the  general  assemUy  of  the  State  of 
Tennessee: 

§  1.  That  the  coming  into  this  State  of  any  corporation, 
association,  or  joint  stock  company  chartered  or  incor- 
porated under  the  laws  of  any  other  State  or  country  lor 
the  purpose  of  doing  business  here  is  hereby  declared  a  id 
made  a  privilege. 

Privilege  taxed  on  foreign  corporations  coming  ir  lo 
State.  §2.  That  every  corporation,  association,  or  joint 
stock  company  chartered  or  incorporated  under  the  laws  of 
any  State  or  country  other  than  this  State  and  having  a 
capital  stock  shall  pay  into  the  office  of  secretary  of  Sti  te 
for  the  use  of  the  State  upon  filing  a  copy  of  its  -charter 
or  articles  of  incorporation  as  required  by  chapter  31,  Ac  ts 
of  1877;  chapter  122,  Acts  of  1891;  chapter  81,  Acts  of 
1895,  a  tax  upon  its  authorized  capital  stock  as  follo\  s, 
to-wit:  Companies  of  $50,000  and  less,  $50;  companies  of 
over  $50,000  and  less  than  $100,000,  $100;  companies  of 
$100,000  and  less  than  $200,000,  $150;   companies  of  $2(  ),- 

000  and  less  than  $300,000,  $200;  companies  of  $300,(  )0 
and  less  than  $400,000,  $250;  companies  of  $400,000  and  li  s.s 
than  $500,000,  $300;  companies  of  $500,000  and  less  th  <n 
$750,000,  $400;  companies  of  $750,000  and  less  than  $1,0(0,- 
000,  $500;  companies  of  $1,000,000  and  less  than  $2,0(0,- 
000,  $750;  companies  of  $2,000,000  and  less  than  $5,000,0  lO, 
$1,000;  companies  of  ■  $5,000,000  authorized  capital  stc  ;k 
and  over  shall  pay  $1,500;  provided,  that  any  compa  ly 
chartered  under  the  laws  of  another  State  desires  to  loc;  te 
its  principal  office  and  do  all  of  its  business  in  and  fr  an 
Tennessee  and  have  all  of  its  main  property  holdings  in 
Tennessee,  it  shall  then  pay  a  privilege  tax  of  one-tenth  of 

1  per  centum  on  the  authorized  capital  stock  just  as  dom  ?3- 
tic  corporations  are  now  required  to  do;  provided,  also,  tl  at 
insurance  companies  shall  be  credited  by  the  amount  of 
fees  paid  to  the  insurance  commissioner  upon  entering  '  he 
State  to  do  business. 

§  3.  That  this  Act  is  amendatory  of  the  schedule  of 
taxes  on  foreign  corporations  coming  into  this  State,  fnd 
that  it  shall  be  the  duty  of  the  secretary  of  State  to  rep  irt 
and  pay  to  the  State  treasurer  quarterly  all  taxes  collec  ed 
under  this  Act. 

§  4.     That  this  Act  take  effect  from  and  after  its 
sage,  the  public  welfare  requiring  it. 

Passed  April  30,  1909. 

■    COKDEMXATION — RIGHT   OF   WAY   IN    NARROW   PASSES. 

Railroads  prohibited  from  monopolizing  rights  of 
condemnation  as  in  other  cases.  §  1.  No  railroad 
pany,  whose  railroad  may  hereafter  be  built  in  this  State, 
shall  have  the  right  to  hold,  to  the  exclusion  of  other  rail- 
roads to  be  hereafter  built  by  purchase  or  condemnation 
for  its  right  of  way,  a  wider  strip  of  land  than  shall  be 
necessary  for  its  reasonable  use  in  the  transaction  of  its 
business;  and  any  land  owned,  or  right  of  way  held,  or  here- 
after acquired,  by  any  such  railroad  company,  which  a 
jury  of  inquiry  in  condemnation  proceedings  shall  find 
necessary  for  such  reasonable  use  and  business  of  the  com- 
pany,  may  be  condemned   for  the   use  of  other  railroads 


Public  Sehvioe  Laws 


1371 


now   under  construction,  or  hereafter  to  be  built,   in  like 
manner  as  other  private  property. 

Survey  and  location  of  line  gives  no  preference,  hut 
actual  construction  does.  §  la.  And  no  railroad  company 
shall  have  the  right,  by  surveying  or  locating  its  line  of 
railroad,  to  defer  building  same  to  the  exclusion  of  other 
companies  that  may  sooner  and  more  certainly  build  upon 
Buch  line  of  route,  but  the  company  which,  in  good  faith, 
first  actually  constructs  its  road  over  such  route,  shall  have 
preference  in  the  location  thereof. 

First  line  to  be  constructed  so  as  to  save  expense  to 
second  line.  S  lb.  If,  in  determining  any  controversy  over 
same,  it  shall  appeal  (appear)  to  the  court  that  the  second 
company,  in  good  faith,  intends  to  and  probably  will  con- 
struct its  road,  the  first  line  constructed  shall  be  located, 
if  practicable,  so  as  not  to  make  it  unreasonably  expensive 
to  construct  the  other  one. 

Condemnation  »/  joitit  right  of  way  or  joint  use  of  track 
in  narrow  passes.  §  2.  In  case  any  railroad  company  has 
acquired  or  owns  a  right  of  way  over  which  its  road  is 
not  already  built,  through  or  along  any  narrow  pass,  cliff  or 
gorge,  where  it  may  be  unreasonably  expensive  or  im- 
practicable to  put  down  more  than  one  track  or  line  of 
railroad,  any  other  railroad  company,  in  good  faith,  de- 
siring to  build  its  line  of  road  through  or  along  the  same 
narrow  pass,  cliff  or  gorge,  shall  have  the  right  to  con- 
demn a  joint  use  of  the  right  of  way  through  or  along  the 
same,  and,  if  after  any  railroad  hereafter  to  be  constructed 
through  or  along  the  same  shall  already  have  been  con- 
structed, any  other  railroad  so  desiring  to  build  through 
or  along  such  narrow  pass,  gorge  or  cliff  shall  have  the 
right  to  condemn  a  joint  use  of  so  much  of  the  track  a.j 
may  be  necessary,  in  like  manner  as  railroads  have  the 
right  to  cross  each  other. 

Compensation  for  such  rights.  §  2a.  Reasonable  compen- 
sation shall  be  paid  to  the  railroad  company  owning  such 
right  of  way,  or  to  the  one  whose  right  of  way,  or  right  dt 
way  and  track,  may  be  so  condemned  for  such  joint  use 
with  the  other  road,  for  its  property  and  improvements  and 
injury  to  its  business,  if  any,  which  compensation,  to- 
gether with  such  reasonable  restrictions  as  the  jury  of 
Inquiry  may  prescribe  at  the  expense  of  the  second  road  for 
safety  using  such  joint  track,  shall  be  fixed  by  said  jury 
as  in  other  cases  of  assessment  of  damages  in  the  condem- 
nation of  private  property. 

Existing  railroads  not  to  be  affected.  §  2b.  Nothing 
herein  contained  shall  be  construed  to  affect  any  rights 
railroad  companies,  whose  roads  are  already  constructed 
and  being  operated,  may  have  in  respect  to  rights  of  way 
over  which  railroads  are  already  being  operated,  it  being 
the  intention  of  this  Act  not  to,  in  any  manner,  add  to  or 
take  from  such  rights  as  they  may  have  therein,  but  to 
mutually  apply  only  to  roads  or  extensions  or  branch  roads 
hereafter  to  be  built. 

Consolidation  of  railroads  and  escape  of  taxes  not  al- 
lowed. §  2c.  Nothing  herein  contained  shall  be  construed 
to  allow  any  railroads  to  consolidate,  or  escape  payment  of 
taxes  on  such  new  lines  as  may  be  constructed,  or  such  ex- 
tensions as  may  be  made  hereunder.  [Chapter  399,  Laws  of 
1899.     Effective  April  19,  1899.] 

BUILDING   LATERAL   ROADS. 

Chapter  210  of  the  Acts  of  1903  amends  Code,  §  1489, 
so  as  to  permit  the  building  of  lateral  roads  15  miles  in 
length.  The  former  limitation  was  eight  miles.  The  sec- 
tion as  amended  reads: 

"That  any  railroad  company  chartered  under  the  laws 
of  the  State  of  Tennessee  or  any  other  State  or  States  and 
now  operating  or  which  may  hereafter  operate  any  line  of 
railroad  in  this  State,  is  hereby  granted  authority  and 
power  to  build  lateral  roads,  not  exceeding  15  miles  in 
length,  extending  from  the  main  stem,  or  any  branch  of 
said  line  of  railroad  to  any  mill,  quarry,  mine,  manufac- 
turing plant,  or  to  the  bank  of  any  navigable  stream  with- 
out the  making  of  any  amendment  to  the  charter  of  said 
railroad;  provided,  private  property  shall  not  be  taken 
for  the  uses  of  such  railroad  company  or  the  construction 
of  such  lateral  branches,  without  the  condemnation  thereof 
as  now  provided  by  law." 

CONDITIONAL   SALES    OF   ROLLING   STOCK. 

Be  it   enacted   by   the  general  assembly  of  the   State   of 
Tgtitlgssgg  ' 
Credit  extended  to  15  years.     §  1.     That  §  1  of  the  Act 
entitled  "An  Act  to  secure  manufacturers  and  owners  of 


railroad  equipments  and  rolling  stock  in  making  condi- 
tional sales  and  certain  contracts  for  the  lease  thereof;" 
being  chapter  96  of  the  Acts  of  1885,  be  and  the  same  is 
hereby  amended  by  striking  out  the  words  "six  years"  in 
the  last  line  of  said  §  1  and  Inserting  the  words  "15  years" 
in  place  thereof,  so  that  as  amended  said  §  1  of  said  Act 
will  read  as  follows: 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Tennessee  : 

§  1.  That  in  any  written  contract  of  or  for  the  sale  of 
the  railroad  equipments  or  rolling  stock  deliverable  imme- 
diately or  subsequently  at  stipulated  periods,  by  the  terms 
of  which  the  purchase  money  in  whole  or  in  part  is  to  be 
paid  in  the  future,  it  may  be  agreed  that  the  title  to  the 
property  so  sold  or  contracted  to  be  sold  shall  not  pass  to  or 
vest  In  the  vendee  until  the  purchase  money  shall  have  been 
fully  paid  or  that  the  vendor  shall  have  and  retain  a  lien 
thereon  for  the  unpaid  purchase  money,  notwithstanding 
delivery  thereof  to  and  possession  by  the  vendee;  provided, 
that  the  terms  of  credit  for  the  payment  of  the  purchase 
money  shall  not  exceed  15  years  from  the  execution  of  the 
contract. 

Contracts  declared  valid.  §  2.  That  all  contracts  author- 
ized by  §  1  of  said  chapter  96  of  the  Acts  of  1885  as  amended 
by  §  1  of  this  Act  heretofore  made,  are  hereby  declared  to 
be  valid  and  subsisting  contracts;  provided,  this  Act  shall 
not  apply  to  any  pending  litigation  in  this  State. 

Repeal.  §  3.  That  all  Acts  or  parts  of  Acts  in  conflict 
with  this  Act  are  hereby  repealed. 

In  effect  forthwith.  §  4.  That  this  Act  take  effect  from 
and  after  Its  passage,  the  public  welfare  requiring  it. 

Passed  March  24,  1903. 

CONDEMNATION    OF    RESERVOIR    SITES. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Tennessee: 

Right  of  condemnation  extended.  §  1.  That  any  rail- 
road company  or  corporation  owning  or  operating  a  rail- 
road or  any  part  thereof  in  Tennessee  or  that  may  hereafter 
do  so,  whether  chartered  under  the  laws  of  the  State  of 
Tennessee  or  under  th"  laws  of  any  other  State  or  States, 
be,  and  it  is  hereby,  authorized  and  empowered  to  condemn, 
under  the  laws  of  eminent  domain,  property  for  a  site  for  a 
reservoir  or  tank,  also  the  use  of  the  water  from  any 
running  stream,  and  also  a  way  on,  in,  and  along  which  to 
lay  pipe  line  or  lines  to  convey  water  to  its  reservoir  or 
tanks  whenever  the  same  or  any  of  them  may  be  needed 
for  the  purposes  of  such  railroad;  provided,  such  property, 
running  streams,  or  rights  of  way  shall  not  be  taken  or 
condemned  without  just  compensation  to  the  owner  or 
owners;  and  provided,  further,  that  the  rights  herein  con- 
ferred shall  be  subject  to  all  the  restrictions  and  accompa- 
nied by  all  the  rights  and  powers  of  the  law  and  practice 
in  force  in  this  State  on  the  subject  of  eminent  domain. 

Provided,  however,  that  the  powers  herein  conferred 
shall  be  exercised  by  railroad  companies  only  for  the  pur- 
poses of  erecting  and  maintaining  tanks  and  reservoirs 
for  the  purpose  of  operating  trains;  and  provided,  furthe", 
that  the  provisions  of  this  Act  shall  not  apply  to  springs 
or  private  ponds. 

In  effect  forthwith.  §  2.  That  this  Act  take  effect  from 
and  after  Its  passage,  the  public  welfare  requiring  It. 

Passed  April  4,  1907. 

Approved  April  8,  1907. 

ADDITIONAL    MAIN    TRACKS. 

Be  it  enacted  by  the  general  assembly  of  the  State  of 
Tennessee: 
Railroads  may  relocate  lines,  etc.  S  1.  That  any  rail- 
road company  owning  or  operating  a  railroad  or  any  part 
thereof  in  Tennessee  or  that  may  hereafter  do  so,  whether 
chartered  under  the  laws  of  the  State  of  Tennessee  or  under 
the  laws  of  any  other  State  or  States,  be,  and  it  is  hereby, 
authorized  and  empowered  to  relocate  or  change  its  lines 
or  tracks,  to  build  second  main  or  double  tracks,  relocate 
any  part  or  parts  of  Its  lines  for  the  purpose  of  reducing 
or  taking  out  curves  or  reducing  grades,  and  to  build  em- 
bankments for  the  purpose  of  avoiding  trestles  upon  which 
the  railroad  may  be  constructed,  or  to  widen  cuts  when  nec- 
essary for  proper  construction;  provided,  that  where  there 
is  a  relocation  of  any  part*  of  a  road  and  any  industry 
located  upon  the  original  road,  said  railroad  shall  keep 
and  maintain  a  spur  or  sidetrack  to  such  industry;  and 
where  any  landowner  or  the  heir  or  devisee  or  successor 


1272 


National  Association  of  Railway  Commissioners 


In  title  by  conveyance  or  otherwise  of  any  landowner  who 
donated  the  original  right  of  way  or  who  parted  with  the 
easement  upon  or  title  to  the  same  in  any  other  manner 
than  by  voluntary  sale  for  a  full  cash  consideration  shall 
be  injured  by  such  relocation,  the  railroad  company  shall 
be  liable  therefor;  provided,  that  under  the  provisions  of 
this  Act  no  railroad  shall  be  authorized  to  change  the 
location  of  its  line  or  lines  within  any  incorporated  towns, 
cities  or  taxing  districts  in  this  State,  except  by  con- 
sent of  the  mayor  and  aldermen  or  other  governing  au- 
thorities of  such  incorporated  towns,  cities  or  taxing  dis- 
tricts. 

Power  to  acquire  real  estate.  §  2.  That  for  the  pur- 
poses mentioned  in  the  foregoing  section  authority  and 
power  are  hereby  granted  to  such  railroad  companies  to 
acquire  by  purchase  and  to  hold  such  real  estate  as  may 
be  necessary,  and  power  and  authority  are  also  granted  to 
acquire  such  real  estate  as  may  be  necessary  for  the  pur- 
poses mentioned  in  the  foregoing  section  by  condemnation 
of  private  property  for  works  of  internal  improvement 
as  set  forth  In  §  §  1326  to  1348,  inclusive,  of  the  Code  of 
1858. 

Statute  cumulative.  §  3.  That  the  powers  and  author- 
ity conferred  by  this  Act  are  in  addition  to  the  powers  and 
authority  which  railroad  companies  may  have  by  virtue  of 
their  charters  or  by  virtue  of  the  general  laws  of  the  State 
as  they  now  exist. 

Parallel  and  competing  lines.  §  4.  That  nothing  in 
this  Act  shall  be  construed  as  to  make  it  lawful  for  any 
railroad  company  to  purchase  or  consolidate  itself  with 
any  parallel  or  competing  railroad  company,  whether  con- 
structed or  in  course  of  construction. 

In  effect  forthwith.  §  5.  That  this  Act  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  April  12,  1907. 

Approved  April  15,  1907. 

SETTLEMENT  OF  FREIGHT   CLAIMS. 

Be  it   enacted   hy   the  general  assembly   of   the   State  of 

Tennessee : 

Time  limit  fixed.  §  1.  That  all  railroads,  all  corpora- 
tions and  individuals,  engaged  as  common  carriers  opera- 
ting in  this  State,  shall  be  required  to  settle  all  claims  for 
lost  or  damaged  freight  and  overcharges  on  freight  for 
which  they  are  liable  within  a  reasonable  time — to-wit: 
That  freight  lost  or  damaged  and  overcharges  on  freight 
between  two  given  points  on  same  line  or  system  shall  be 
paid  within  60  days  from  the  filing  of  written  notice  with 
the  agent  of  the  railroad  company  or  other  company  at  the 
point  of  destination  of  said  freight  of  the  loss  or  damage 
thereof;  and  where  freight  is  handled  by  two  or  more 
roads  or  systems  of  roads,  and  the  same  is  lost  or  damaged, 
or  an  overcharge  made,  said  claim  shall  be  paid  within  90 
days  from  the  filing  of  written  notice  with  the  agent  of 
the  railroad  company  at  the  point  of  shipment  or  destina- 
tion of  said  freight  by  the  consignor  or  consignee,  of  the 
loss  or  damage  thereof,  or  overcharge  thereon;  provided, 
thai  this  section  shall  only  apply  to  claims  against  sucli 
railroad  or  other  companies  or  common  carriers  where 
the  amount  claimed  is  $50  or  less. 

Penalty  for  delay.  §  2.  That  any  railroad  or  system  of 
railroads,  and  all  corporations  and  individuals  engaged  as 
common  carriers  in  all  cases  where  they  fail  to  pay  the 
claim  mentioned  in  this  Act  within  60  or  90  days,  as  the 
case  may  be,  after  notice  filed  as  above  specified  in  §  1, 
shall  be  required  to  pay  the  owner  of  said  freight,  in  addi- 
tion to  the  loss  and  interest  thereon,  25  per  cent  of  the 
amount  recovered  for  said  loss;  provided,  that  said  pen- 
alty shall  not  apply  when  it  shall  appear  to  the  court  try- 
ing the  case  that  said  common  carrier  has  tendered  within 
the  time  specified  to  the  claimant  an  amount  of  money 
sufficient  to  cover  the  loss  for  which  said  common  carrier 
is  held  to  be  liable. 

Repeal.  §  3.  That  all  laws  and  parts  of  laws  in  conflict 
with  this  Act  be,  and  the  same  are  hereby,  repealed,  and 
that  this  Act  take  effect  from  and  after  its  passage,  the 
welfare  of  the  State  requiring  it. 

Passed  April  4,  1907. 

Approved  April  6,  1907. 

DRINKING  LIQUOR  ON  TRAINS. 

Be  it  enacted   by   the  general  assembly  of  the   State  of 
Tennessee: 
Public  drinking  on  train  prohibited.    §  1.    That  it  shall 
be  a  misdemeanor  for  any  person  to  publicly  drink  any 


intoxicating  liquor  (including  wine,  ale,  or  beer)  while 
upon  any  railway  passenger  train,  street  car,  omnibus, 
or  other  public  vehicle  of  passenger  transportation  which 
is  a  common  carrier. 

Penalty.  §  2.  That  any  person  who  violates  §  1  of  this 
Act  thereby  forfeits  all  of  his  rights  as  a  passenger,  and 
it  shall  be  the  duty  of  the  conductor  or  person  in  charge 
of  the  vehicle  of  transportation  to  eject  said  passenger 
forthwith. 

In  effect  forthwith.  §  3.  That  this  Act  shall  take  effect 
from  and  after  its  passage,  the  public  welfare  requir- 
ing  it. 

Passed  May  1,  1909.     Approved  May  1,  1909. 

RAILROADS      MAY      BUILD      BRANCHES,     EXTENSIONS,      ADDITIONAL 
TRACK,  ETC. 

Be  it   enacted   by   the  general  assembly   of  the   State   of 
Tennessee: 

Poicer  given  to  foreign  and  domestic  companies.  S  1. 
That  any  railroad  company  or  railroad  companies  owning 
or  operating  any  railroad  or  any  part  thereof  in  Ihe 
State  of  Tennessee,  or  that  may  hereafter  do  so,  whether 
chartered  under  the  laws  of  the  State  of  Tennessee  or 
under  the  laws  of  any  other  State  or  States,  be,  and  it  is 
or  they  are,  hereby  authorized  and  empowered  to  build 
cut-off  lines,  branch  lines,  and  other  lines  for  the  pir- 
pose  of  the  better  and  more  expeditious  handling  of  the 
public  business  in  the  transportation  of  freight  and 
passengers,  and  to  construct,  build,  or  extend  any  mi, in 
line,  branch  line,  or  other  line  into,  and  to  serve,  otl  er 
and  different  territory,  and  to  build  second  main,  or 
double  tracks,  turnouts,  switches,  spur  tracks,  sidetracks, 
stations,  depots,  and  terminal  facilities. 

Right  of  condemnation.  §  2.  That  for  the  purpoi  es 
mentioned  in  the  foregoing  section,  authority  and  po'n  er 
are  hereby  granted  to,  and  vested  in,  such  railroad  con- 
pany  or  companies  to  acquire  by  purchase  and  to  hi  Id 
such  real  estate  as  may  be  necessary  or  proper,  a  id 
power  and  authority  are  also  granted  said  railroad  co  n- 
pany  or  companies  to  acquire  such  real  estate  as  m  ly 
he  necessary  or  proper  for  the  purposes  mentioned  in  t  le 
foregoing  section  by  condemnation  of  private  propei  ty 
for  works  of  internal  improvement  as  set  forth  in  §§  IJ  26 
to  1348,  inclusive,  of  the  Code  of  1858. 

Statute  cumulative.  §  3.  That  the  powers  and  auth  r- 
ity  conferred  by  this  Act  are  in  addition  to  the  pow(  rs 
and  authority  which  railroad  companies  have,  or  m  ly 
have,  by  virtue  of  their  charters  or  .by  virtue  of  t  le 
general  laws  of  the  State  of  Tennessee  as  they  m  w 
exist. 

In  effect  forthwith.  §  4.  That  this  Act  take  effect  I'rc  dv 
and  after  its  passage,  the  public  welfare  requiring  it 

Passed  July  5,  1911.     Approved  July  7,  1911. 


11 

corn' 


FILLING    OF   RAILROAD   TRESTLES,    ETC. 

Be  it  enacted   by   the  general  assembly  of  the   Stated 
Tennessee: 

Poicer  to  fill  trestles,  etc.  §  1.  That  any  railroad  ccm' 
pany  owning  or  operating  a  railroad  or  any  part  thereof 
in  Tennessee,  or  that  may  hereafter  do  so,  whetl  er 
chartered  under  the  laws  of  the  State  of  Tennessee  or 
under  the  laws  of  any  other  State  or  States,  be,  and  is, 
hereby  authorized  and  empowered  to  fill  its  trest  e3 
and  to  make  all  creek  changes  necessary  for  the  sane; 
to  construct  channels  and  canals  contiguous  to  th  nr 
rights  of  way  so  as  to  prevent  the  unnecessary  crossing 
of  creeks  and  to  make  such  other  changes  in  the  bt  ds 
of  creeks  as  may  be  necessary  for  the  proper  constr  ic- 
tion  and  maintenance  of  their  roadbeds;  provided,  tliat 
where  any  property  owner  is  damaged  by  such  chai  ge 
in  creek,  such  landowners  shall  be  entitled  to  just  ccm- 
pensatlon  for  the  same. 

To  acquire  real  estate.  §  2.  That  for  the  purposes  m3r,- 
tioned  in  the  foregoing  section  authority  and  power  lire 
hereby  granted  to  such  railroad  companies  to  acquire  by 
purchase  and  to  hold  such  real  estate  as  may  be  neces- 
sary, and  power  and  authority  are  also  granted  to  ac- 
quire such  real  estate  as  may  be  necessary  for  the 
purposes  mentioned  in  the  foregoing  section  by  cond(!m- 
nation  of  private  property  for  works  of  internal  improve- 
ment as  set  forth  in  §§  1326  to  1384,  inclusive,  of  the 
Code  of  1858. 

Powers  cumulative.    %  3.    That  the  powers  and  authority 


» 


Public  Service  Laws 


1273 


conferred  by  this  Act  are  in  addition  to  the  powers  and 
authority  which  railroad  companies  may  have  by  virtue 
of  their  charter  or  by  virtue  of  the  general  laws  of  the 
State  as  they  now  exist. 

Competing  lines  excepted.  §  4.  That  nothing  in  this 
Act  shall  be  so  construed  as  to  make  it  lawful  for  any 
railroad  company  to  purchase  or  consolidate  itself  with, 
any  parallel  or  competing  railroad  company,  whether 
constructed  or  in  the  course  of  construction. 

In  effect  forthwith.  §  5.  That  this  Act  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  April  28,   1911.     Approved  June   30,   1911. 

COUNTY   MAY    SUBSCRIBE  FOR  RAILROAD   STOCK. 

Be  it  enacted   l>y   the  general   assembly   of   the   State   of 
Tennessee: 

Applies  to  Lincoln  county.  §  1.  That  any  county  in' 
Tennessee  having  a  population  of  not  less  than  26,100 
nor  more  than  26,400  inhabitants  by  the  federal  census 
of  1900  or  that  may  have  such  population  by  any  subse- 
quent federal  census  shall  have  the  right,  and  such 
counties  are  hereby  authorized,  to  subscribe  to  the  stock 
of  any  incorporated  railroad  company  to  be  operated  by 
either  steam  or  electricity  to  an  amount  not  exceeding 
$200,000,  and  to  issue  in  payment  for  the  stock  repre- 
senting such  subscription  interest-bearing  coupon  bonds 
to  the  amount  of  each  (such)  stock  or  (so)  subscribed, 
upon  the  terms  and  conditions  hereinafter  set  out. 

Authorizing  subscription  to  railroad  stock.  §  2.  That 
no  such  county  shall  subscribe  to  the  capital  stock  of 
said  railroad  company  unless  its  line  of  railroad  shall 
be  built  to  run  either  through  such  county  or  within  one 
mile  of  the  county  seat  of  the  county  so  subscribing 
to   the   stock   of  such   railroad  company. 

Application  and  petition.  §  3.  That  before  any  county 
under  the  provisions  of  this  Act  shall  subscribe  to  the 
stock  of  any  railroad  company,  that  the  president  or 
other  authorized  officer  or  agent  'of  such  railroad  com- 
pany shall  submit  to  the  chairman  or  judge  of  the 
County  Court  of  the  county  an  application  in  writing, 
In  the  name  of  the  railroad  company,  setting  forth 
the  proposed  termini  of  its  railroad,  the  amount  of  stock 
desired  to  be  subscribed  in  aid  of  such  railroad  com- 
pany, the  time  within  which  the  railroad  will  be  con- 
structed in  the  county  and  the  general  direction  of  the 
railroad  in  the  county,  and  that  such  application  is 
made  under  the  authority  of  this  Act.  There  shall 
also  be  presented  with  said  application  a  petition  in 
writing,  to  be  signed  by  not  less  than  500  voters  of  the 
county  and  a  majority  of  the  justices  of  the  peace  of 
said  county  commission,  praying  that  the  question  as 
to  whether  said  stock  shall  be  subscribed  to  such  rail- 
road company  and  bonds  issued  in  payment  therefor,  be 
submitted  to  a  vote  of  the  qualified  voters  of  such 
county. 

Submission  of  question  to  vote.  §  4.  That  upon  the 
presentation  of  the  application  and  said  petition  as 
provided  in  this  Act,  that  the  county  judge  or  chairman 
of  the  County  Court  of  such  county  shall  cause  the  same 
to  be  spread  on  the  minutes  of  his  court,  and  upon 
which  an  order  shall  be  entered  by  such  judge  or  chair- 
man of  the  County  Court  on  the  minutes  of  his  court, 
submitting  the  proposition  for  such  subscription  and  is- 
suance of  bonds  therefor  to  a  vote  of  the  qualified  voters 
of  such  county,  and  fixing  a  date  to  be  not  less  than  30 
■days  from  the  date  of  such  order,  may  be  made  at  which 
such  election  shall  be  held;  provided,  however,  before 
any  order  for  such  election  shall  be  made,  the  railroad 
company  making  the  proposition  shall  file  with  the  clerk 
of  the  County  Court  of  the  county  a  bond  in  the  sum 
of  $500,  with  good  and  approved  security,  payable  to 
the  State  of  Tennessee,  for  the  use  of  the  county,  con- 
ditioned to  be  void  if  said  railroad  company  shall  in 
good  faith  build  said  road  in  accordance  with  its  said 
proposition  if  such  subscriptions  shall  be  voted  by  the 
county;  otherwise  to  pay  all  costs  and  expenses  of  hold- 
ing  the   election  herein   provided   for. 

Notice  of  election.  §  5.  That  the  election  skall  be  adver- 
tised at  least  30  days  before  the  date  of  election  by 
publication  once  a  week  for  four  or  more  consecu- 
■tlve  weeks  in  all  of  the  newspapers  published  in  such 
county,  which  notices  shall  specify  the  time  said  election 
Is  to  be  held,  for  what  railroad,  and  the  amount  of  stock 


proposed  to  be  subscribed  to  such  railroad  company  and 
the  amount  of  bonds  proposed  to  be  Issued  therefor. 

Election  commissioners  to  certify  to  results.  §  6.  That 
said  election  shall  be  held  by  the  election  commissioners 
of  such  county  or  other  officers,  whose  duty  it  may  then 
be  to  open  and  hold  such  election,  which  election  shall  be 
held  as  other  elections  are  held  in  the  county.  Said  elec- 
tion commissioners  or  other  ofBcers,  whose  duty  it  may 
then  be,  shall  certify  the  result  of  said  election  in  dupli- 
cate, one  of  the  certificates  of  the  result  of  such  election 
to  be  delivered  to  the  county  judge  or  chairman  of  the 
County  Court.  The  other  shall  be  delivered  to  the  officials 
of  said  railroad  company. 

M-ethod  of  voting.  |  7.  That  at  such  election  those 
voters  voting  in  the  precincts  or  districts  where  the  Aus- 
tralian method  of  voting  under  the  laws  of  the  State  does 
not  apply;  who  favor  the  proposition,  shall  have  plainly 
printed  on  their  ballots,  "For  Subscription  and  Bonds," 
and  those  voters  In  such  districts  or  voting  precincts 
against  the  proposition  shall  have  plainly  printed  on  their 
ballots,  "Against  Subscription  and  Bonds."  In  those  dis- 
tricts or  precincts  where  the  Australian  method  of  voting 
under  the  laws  of  the  State  applies,  there  shall  be  plainly 
printed  on  the  ballots,  "For  Subscription  and  Bonds," 
"Against  Subscription  and  Bonds,"  and  the  voters  voting 
such  ballots  shall  indicate  their  will  in  the  method  now 
provided  by  law. 

County  Court  to  act  on  election  returns.  §  8.  That  it 
shall  be  the  duty  of  the  County  Court  to  convene  on  the 
call  of  the  chairman  or  judge,  as  the  case  may  be,  for  the 
purpose  of  acting  on  the  return  of  the  election  commis- 
sioners or  other  officials  whose  duty  it  may  be  to  hold 
said  election;  and  if  it  shall  be  made  to  appear  that  said 
election  was  legally  and  lawfully  held,  and  that  three- 
fourths  of  the  votes  cast  at  such  election  were  in  favor  of 
making  the  subscription  and  issuing  the  bonds  therefor, 
then  said  County  Court  shall  have  full  power  and  authority 
and  shall  proceed  to  make  and  execute  all  necessary  orders 
and  take  such  necessary  action  as  may  be  required  to 
make  said  subscription  and  to  issue  the  bonds  provided 
by  this  Act  in  payment  therefor  in  accordance  with  the 
terms  of  this  Act  and  the  propositions  submitted  to  said 
election. 

Another  election  may  be  held.  §  9.  That  should  any 
county  fail  to  vote  for  the  subscription  and  issuance  of  the 
bonds  in  payment  therefor  at  any  election  held  for  that 
purpose,  said  county  may,  at  any  time  after  60  days,  order 
another  election  under  this  Act,  if  desired,  by  complying 
with  the  requirements  of  this  Act  in  the  same  manner  as 
the  first  election  was  held  and  as  if  no  previous  election 
had  been  held. 

Subscription  to  be  conditional.  §  10.  That  if  said 
county  shall  vote  for  making  said  subscription  and  the 
issuance  of  the  bonds  in  payment  therefor,  as  provided  in 
this  Act,  that  such  subscription  shall  be  made  conditional, 
and  the  bonds  to  be  issued  therefor  shall  be  executed  and 
delivered  in  escrow  to  any  bank  or  banks  in  the  county 
or  other  safe  depository  the  County  Court  of  the  county 
may  order,  to  be  delivered  to  such  railroad  company  only 
on  condition  that  the  said  railroad  company  shall  first 
complete  its  line  of  railway  in  the  county  and  deliver  to 
said  county  Its  duly  executed  certificates  of  stock  to  the 
amount  subscribed  and  otherwise  fully  comply  with  the 
proposition  submitted,  and  to  this  extent  said  subscription 
and  issuance  of  bonds  shall  be  conditional. 

Denominations,  date  of  maturity,  and  interest  rate.  §  31. 
That  the  bonds  to  be  issued  under  this  Act  shall  be  issued 
In  denominations  of  $1,000  each,  and  shall  be  due  30  years 
from  date  thereof,  and  shall  bear  Interest  at  the  rate  of  4 
per  cent  per  annum,  the  Interest  to  be  paid  semi-annually 
from  date,  representing  which  interest  there  shall  be  at- 
tached to  said  bonds  coupons.  Said  bonds  shall  be  subject 
to  be  redeemed  by  said  county  any  time  after  the  issuance 
at  par  upon  any  Interest  period  upon  60  iays'  notice,  to  be 
published  In  such  county.  Said  bonds  shall  all  bear  the 
same  date,  and  shall  be  payable  to  said  railway  company 
to  which  the  subscription  may  be  made  or  to  its  order, 
and  shall  be  negotiable. 

Tax  levy.  §  12.  That  before  the  bonds  provided  In  this 
Act  shall  be  Issued,  the  County  Court  shall  levy  a  tax  upon 
the  taxable  property,  privileges,  and  persons  liable  by  law 
to  taxation  within  the  county  as  will  be  sufficient  and 
necessary  to  meet  the  maturity  interest  on  the  bonds  of 


1274 


National  Association  op  Railway  Commissioners 


such  county,  and  provide  for  the  payment  of  the  principal 
by  maturity,  which  taxes,  when  collected,  shall  be  used  for 
no  other  purpose,  and  when  collected,  shall  be  applied  first 
to  payment  of  interest  due  and  balance  to  redemption  of 
outstanding  bonds  at  par,  as  herein  provided. 

On  failure  of  railroad  to  comply,  bond  to  he  canceled. 
§  13.  That  if  said  railroad  company  should  fall  to  com- 
plete its  said  line  of  railway  within  the  county  within  the 
time  specified  in  the  proposition  submitted,  or  should  fail 
to  otherwise  comply  with  this  Act  and  the  proposition  sub- 
mitted by  said  railroad  company,  that  said  bonds  so  issued 
and  delivered  in  escrow  shall  be  immediately  canceled  and 
delivered  up  to  said  county,  and  shall  be  burned  or  other- 
wise destroyed  in  the  presence  of  the  County  Court  as- 
sembled. 

§  14.  That  this  Act  take  effect  from  and  after  its 
passage,  the  public  welfare  requiring  it. 

Passed  April  24,  1909. 

Approved  April  27,  1909. 

POWEKS    OP   INTERTJBBAN   ELECTRIC   ROADS. 

Be  it   enacted   by  the  general  assembly  of   the   State   of 
Tennessee: 

Powers  of  interurban  companies.  §  1.  That  §§6  and  13 
of  the  Act  entitled  "An  Act  to  provide  for  the  organization 
of  corporations,"  approved  March  23,  1875,  being  chapter 
142  of  the  Acts  of  1875,  be  so  amended  as  that  railroad 
and  railway  companies  constructing,  owning  and  operating 
with  electricity  intersuburban  railroads,  and  street  rail- 
road companies,  shall  have  and  be  invested  with  the  fol- 
lowing additional  rights  and  powers,  to-wit:  To  manu- 
facture, generate  and  distribute  electric  light,  electric  heat 
and  electric  power  for  the  purpose  of  supplying  themselves 
and  others;  to  construct,  equip  and  own  factories,  plants, 
machinery  and  all  appliances  for  the  manufacture,  genera- 
tion and  distribution  of  electric  light,  power  and  heat;  to 
acquire,  by  purchase,  lease  or  other  lawful  contract,  elec- 
tric plants,  factories,  machinery,  equipments,  and  appli- 
ances, and  rights,  easements,  licenses  and  franchises,  nec- 
essary or  convenient  to  manufacture,  generate,  distribute 
and  sell  electric  light,  power  and  heat;  to  supply  and  sell 
to  others  electric  light,  power  and  heat;  to  acquire  by  pur- 
chase, lease  or  other  lawful  contract,  water  power,  ri- 
parian and  water  rights,  together  with  all  such  licenses 
and  franchises,  easements  and  privileges  attached  to,  nec- 
essary or  convenient  to  operate  and  use  the  same;  and  to 
have  and  possess  all  such  other  powers  as  shall  be  neces- 
sary to  execute  and  perform  the  powers  hereinbefore 
granted. 

Privilege  tax  to  be  paid.  §  2.  That  whenever  any  rail- 
road company  or  any  street  railroad  company  shall,  under 
the  authority  of  this  Act,  acquire,  by  purchase,  lease  or 
other  lawful  contract,  electric  light  and  electric  light  and 
power,  properties  and  franchises,  and  shall  supply  and  sell 
to  others,  light,  heat  or  power,  it  shall  pay  all  such  priv- 
ilege taxes  as  shall  be  levied  and  imposed  on  electric  light 
and  electric  light  and  power  companies. 

In  effect  forthwith.  §  3.  That  this  Act  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  April  3,  1903. 

Approved  April  11,  1903. 

POWERS  OF  INTERURBAN  BOADS. 

Be  it  enacted   by   the  general  assembly  of  the   State  of 
Tennessee: 

Same  powers  as  railroad  companies.  §  1.  That  any  in- 
terurban railroad  or  railway  company  heretofore  or  here- 
after Incorporated  as  such  under  the  provisions  of  chapter 
142  of  the  Acts  of  1875  of  this  State,  shall  have  and  pos- 
sess the  same  powers  and  privileges  as  are  conferred  by 
that  Act  upon  railroad  or  railway  companies  and  be  sub- 
ject to  the  same  duties  and  obligations;  provided,  it  the 
motive  power  of  such  interurban  railroad  or  railway  com- 
pany be  electricity,  gasoline,  or  other  motive  power  than 
steam,  it  shall  not  be  compelled  to  receive  on  its  road  the 
cars  of  steam  railroads  and  transport  them  to  the  place  of 
destination;  providcu,  further,  that  any  such  interurban 
railway  company,  whose  line  of  railway  is  not  more  than 
Ave  miles  in  length  and  which  lies  wholly  within  a  county 
having  a  population  of  not  more  than  21,000  by  the  Federal 
census  of  1900  or  any  subsequent  federal  census,  shall  be 
authorized  to  charge  a  fare  of  not  exceeding  25  cents  for 
the  carriage  of  passengers.  [As  amended  by  Act  passed 
and  approved  May  1,  1909.] 


Preferred  and  comm,on  stock.  §  2.  That  any  such  In- 
terurban railroad  or  railway  company  may  by  its  charter 
or  by  any  amendment  thereof  made  by  unanimous  consent 
of  its  then  existing  stockholders  provide  for, the  issue  of 
preferred  and  common  stock  in  accordance  with  the  pro- 
visions of  chapter  174  of  the  Acts  of  1905;  and  may  also 
by  amendments  of  its  charter  made  as  prescribed  by  exist- 
ing laws  provide  for  the  construction  and  operation  of 
branches  and  extensions  from  any  part  of  its  original  line 
or  lines,  such  branches  and  extensions  being  described  in 
the  amendments,  and  may  borrow  money  and  secure  same 
by  a  separate  mortgage  or  mortgages  upon  such  branches 
or  extensions  or  any  part  thereof. 

Right  of  condemnation.  §  3.  That  any  interurban  rail- 
road or  railway  company  heretofore  or  hereafter  incor- 
porated in  this  State  shall  have,  in  addition  to  the  right 
to  condemn  private  property  for  its  right  of  way,  the 
right  to  condemn  land,  not  exceeding  two  acres  at  any 
one  place,  which  may  be  necessary  for  its  power  plant  and 
machinery,  said  right  to  be  exercised  under  and  in  ac- 
cordance with  the  statutes  of  the  State  authorizing  ttie 
condemnation  of  private  property  for  works  of  internal 
improvement. 

Streets  and  highways.  §  4.  That  any  such  interurbun 
railroad  or  railway  company  whose  motive  power  is  other 
than  steam  may,  by  and  with  the  consent  of  the  County 
Court  of  the  county  in  which  its  line  of  road  is  located, 
construct  and  maintain  its  tracks  and  poles  along  and  m 
any  public  road  or  highway  in  such  county;  provided,  that 
such  tracks  and  poles  shall  be  so  constructed  and  main- 
tained as  to  allow  carts,  wagons,  carriages  and  other  a  e- 
hlcles  conveniently  and  safely  to  pass  over  and  along  su  ;h 
road  or  highway  and  as  not  to  interrupt  traveling  on  foot 
or  horseback;  and,  provided,  further,  that  such  interurban 
railroad  or  railway  company  shall  not  occupy  with  :ts 
tracks,  longitudinally,  the  streets,  alleys,  squares  or  pub  ic 
ways  of  any  city,  town  or  village  without  the  consent  of 
the  governing  authorities  of  such  city,  town,  or  village 
first  had  and  obtained. 

In  effect  forthwith.  §  5.  That  this  Act  take  effect  fr<  m 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  April  11,  1907. 

Approved  April  12,  1907. 

STREET  RAILWAYS  TO  CARRV  PACKAGES. 

Be  it   enacted   by   the   general   assembly   of   the   State   ^if 

Tennessee:  i 

Street  cars  may  carry  packages.  §  1.  That  any  str<  nti 
railway  company  which  has  been  or  which  may  hereafi  er 
be  incorporated  and  organized  under  the  laws  of  Tenn  is- 
see,  shall  be  authorized  and  empowered  to  carry  package 
or  parcel  freight  similar  in  character  and  bulk  to  that  n  iW 
carried  by  express  companies  on  steam  commercial  ri  11- 
roads  in  the  State  of  Tennessee,  and  to  that  end  are  here  by 
authorized  and  empowered  to  operate  separate  cars  for  ( he 
partial  or  exclusive  transportation  of  same. 

Cars.  §  2.  That  the  cars  so  operated  in  the  service  cf 
transportation  package  or  parcel  freight  be  of  neat  appe  tr- 
ance and  similar  in  general  outline  to  those  used  in  'he 
passenger  service;  and,  provided,  further,  that  no  more  th  m 
two  of  such  cars  shall  be  operated  in  any  one  train. 

Subject  to  local  consent.  §  3.  That  the  above  previ- 
sions of  this  Act  shall  become  effective  only  when  the  c  ty 
or  town  in  which  said  street  railway  company  operates  its 
cars  and  is  located  by  its  proper  authorities  gives  its  ass.  nt 
to  the  same;  and,  provided,  further,  that  if  any  street  rail- 
way is  operated  without  the  limits  of  any  city,  that  a  1  ke^ 
assent  be  first  obtained  from  the  County  Court  in  w^j" 
same  is  operated.  || 

In  effect  forthtcith.     S  4.     That  this  Act  take  effect  jl 
be  in  force  from  and  after  its  passage,  the  public  welfire 
requiring  it,  and  that  all  laws  and  parts  of  laws  inconsistj 
with  this  Act  be,  and  the  same  are  hereby,  repealed. 

Passed  April  27,  1909. 

Approved  April  30,  1909. 

INTERURBAN  LIKES  MAY  MAKE  CERTAIN  CONTRACTS. 

Be  it   enacted   by  the  general  assembly  of  the   State 

Tennessee : 

May  use  each  other's  tracks.  §  1.  That  street  railroad 
companies  and  interurban  railroad  companies  of  this  State 
operating  their  cars  by  electricity  are  hereby  given  power 
and  authority  to  contract  with  each  other  for  the  use  of  the 
tracks  of  either  by  the  other,  both  within  and  without  the 


a 


1  ke 

im 

fire 

I 


Public  Service  Laws 


1275 


corporate  limits  of  Incorporated  cities  and  towns,  and  such 
contracts  shall  be  in  writing  and  may  be  upon  such  terms 
as  the  parties  agree  to,  not  inconsistent  with  law;  provided, 
no  cars  or  trains  of  any  interurban  railroad  company  op- 
erated by  steam  power  shall  be  admitted  upon  the  tracks  of 
any  street  railroad  company  located  within  the  limits  of 
any  incorporated  town  or  city  without  the  consent  of  the 
governing  authorities  of  such  town  or  city. 

May  carry  mails.  §  2.  That  interurban  railroads  may 
carry  upon  and  over  the  tracks  of  street  railroads  within  the 
incorporated  towns  and  cities  of  this  State,  under  contracts 
made  in  pursuance  to  the  first  section  of  this  Act,  United 
States  mails  and  small  freight  or  express  packages,  and 
that  street  railroad  companies  having  lines  extending  be- 
yond the  corporate  limits  of  the  towns  or  cities  in  which 
they  operate  may  carry  United  States  mails  and  small 
freight  or  express  packages  to  or  from  any  point  on  such 
lines  to  or  from  any  point  on  the  system  of  railroads  of 
such  street  railroad  company;  provided,  neither  interur- 
ban railroads  nor  street  railroads  shall  carry  on  the  tracks 
of  any  street  railroad  explosives  or  other  articles  danger-, 
ous  to  the  traveling  public. 

In  effect  forthwith.  §  3.  That  this  Act  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  April  28,  1909. 

Approved  April  30,  1909. 

PKOTECTION  OF  ELECTBICAL  APPAR.4IUS. 

Be  it   enacted   by   the  general  assembly   of   the   State   of 

Tennessee: 

Misdemeanor  to  cut  wires,  etc.  §  1.  That  it  shall  b? 
deemed  a  misdemeanor  for  any  person  or  persons  unlaw- 
fully to  cut,  break  or  otherwise  injure  or  destroy  the  wires, 
cables,  towers,  poles  or  insulators  of  transmission  lines  lor 
carrying  electric  power  in  this  State. 

Penalty.  §  2.  That  any  person  or  persons  who  shall 
unlawfully  cut,  break  or  otherwise  injure  or  destroy  such 
wires,  cables,  poles  or  insulators  as  are  defined  in  the  first 
section  of  this  Act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  $25  nor  more  than  $50. 

DtLty  of  judges  to  charge  grand  juries.  §  3.  That  it 
shall  be  the  duty  of  the  judges  of  the  Criminal  Courts  of 
this  State  to  charge  the  grand  juries  with  reference  to  the 
offenses  in  this  Act  defined,  and  that  the  grand  juries  of 
the  State  are  hereby  given  inquisitorial  powers  to  inquire 
into  such  offenses. 

In  effect  forthwith.  §  4.  That  this  Act  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  February  18,  1911. 

Approved  March  28,  1911. 

POLES  OF  LIGHT,  HEAT  AND  POWEB  COMPANIE.S. 

Be  it   enacted   by   the  general   assembly   of   the   State   of 

Tennessee : 

Rights  same  as  telegraph  companies.  §  1.  That  water 
and  electric  light,  heat  and  power  companies  created  under 
the  laws  of  this  State,  whether  operated  by  steam  or  water 
power,  shall  have  and  exercise  the  same  rights  and  powers 
in  respect  to  the  erection  and  maintenance  of  poles  and 
wires  for  the  transmission  of  electricity  for  light  and 
power  purposes  as  are  now  conferred  by  the  laws  of  this 
State  upon  telephone  and  telegraph  companies  for  the 
transmission  of  telephone  and  telegraph  messages. 

In  effect  forthwith,  i  2.  That  this  Act  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 

Passed  February  19,  1909. 

Approved  March  1,  1909. 

STEAM  ROADS  MAY  ELECTRIFY. 

Be  it   enacted   by   the  general  assembly   of   the   State  of 

Tennessee: 

§  1.  That  any  company  now  or  hereafter  authorized 
to  operate  a  railroad  by  steam,  he  empowered  to  adopt 
electricity  as  its  motive  power,  whether  such  railroad  be 
wholly  or  only  partly  in  the  State  of  Tennessee. 

§  2.  That  this  Act  take  effect  from  and  after  its 
passage,  the  public  welfare  requiring  it. 

Passed  February  2,  1903. 

Approved  February  9,  1903. 


STANDING  RULES  ADOPTED  FOR  THE  GOVERNMENT 

OF    PROCEEDINGS    BEFORE    THE    RAILROAD 

COMMISSION    OF    THE    STATE    OF 

TENNESSEE— 1899. 


Sessions.  Sessions  of  the  commission  will  be  held  at  its 
office  in  the  capitol,  Nashville,  Tenn.,  unless  otherwise 
ordered  by  the  commission  in  pursuance  of  §  7  of  the 
State  Railway  Commission  Act. 

IL 

Pleadings.  Petitions  or  complaints  before  the  commis- 
sion should  be  in  writing  signed  by  the  complaining  party, 
and  specifically  setting  forth  the  grounds  of  complaint. 
The  commission  may  require  compliance  with  this  rule  be- 
fore proceeding  to  hear  the  complaint,  or  requiring  an 
answer  thereto,  or  it  may,  in  its  discretion,  investigate  and 
pass  upon  the  merits  of  the  complaint  without  technical 
pleadings. 

III. 

Notice  and  answer.  A  copy  of  the  complaint  shall  be 
served  upon  each  railway  carrier  complained  of,  and  such 
service  may  be  by  mall,  or  personally,  in  the  discretion  of 
the  commission,  and  shall  he  accompanied  with  a  notifica- 
tion to  the  carrier  to  satisfy  the  complaint,  or  answer  tiie 
same  in  writing  within  a  specified  time,  as  hereafter  pre- 
scribed. The  answer  must  admit  or  deny  the  material  alle- 
gations of  the  complaint,  and  may  set  forth  any  additional 
facts  deemed  material  to  the  same.  Answer  to  the  com- 
plaint must  be  filed  within  20  days  from  service  of  copy 
of  the  complaint,  unless  the  time  be  shortened  by  a  special 
order  of  the  commission,  and  in  either  case,  answer  must 
be  made  within  the  prescribed  time.  Any  adjustment  of 
controversies  made  pending  proceedings  must  be  com- 
municated by  the  parties  to  the  commission  in  writing. 
The  complainant  must  prove  the  existence  of  the  facts 
alleged  in  his  complaint,  unless  the  same  are  admitted,  or 
defendant  fails  to  answer.  Facts  alleged  in  the  answer 
must  be  proven  by  the  defendant  unless  admitted  by  the 
complainant.  Should  an  answer  be  required  of  a  party, 
and  such  party  fails  to  answer  the  averments  of  the  com- 
plaint within  the  time  prescribed,  such  averments  shall  be 
taken  as  true  as  against  such  defendant,  and  the  commis- 
sion may,  without  further  notice,  proceed  in  the  matter 
upon  the  complaint  as  confessed,  or  take  such  proof  of  the 
complaint  as  it  may  deem  proper,  and  make  such  orders 
thereon  as  the  circumstances  of  the  case  may  require. 

IV. 

Demurrer.  If  the  party  complained  against  shall  deem 
the  complaint  insufficient  for  redress,  such  party  may,  in- 
stead of  filing  an  answer,  demand  a  hearing  on  the  al- 
leged insufficiency  of  the  complaint.  In  such  case  the 
party  shall  serve  notice  on  the  complainant,  of  his  de- 
mand, and  also  file  a  copy  of  the  same  with  the  commis- 
sion. The  proceedings  will  then  be  heard  on  the  suflS- 
ciency  of  the  complaint,  but  the  charges  of  the  complaint 
on  such  hearing  will  be  taken  as  true.  The  filing  of  an 
answer  will  not  be  taken  as  an  admission  of  the  sufficiency 
of  the  complaint,  but  the  sufficiency  of  the  same  may  be 
asserted  at  the  hearing  of  the  proceeding. 

V. 

Amendments.  Amendments  may  be  allowed  to  any  peti- 
tion, answer  or  other  proceeding  upon  application  and 
sufficient  cause  shown. 

•      VI. 

Evidence.  The  evidence  offered  by  either  party  to  a  pro- 
ceeding before  the  commission  shall  be  taken  before  the 
commission  orally,  or  in  writing,  as  it  may  order.  But 
upon  application,  evidence  may  be  ordered  to  be  taken  by 
deposition,  upon  notice,  or  upon  interrogatories  filed  with 
the  commission.  If  the  evidence  is  taken  upon  interroga- 
tories, the  commission  may  file  cross-interrogatories  in  its 
discretion.  The  mode  of  service  and  time  of  notice  of 
taking  depositions,  and  time  within  which  cross-interroga- 
tories, the  commission  may  file  cross  interrogatories  in  its 
regulated  in  each  proceeding  by  an  order  of  the  commis- 
sion. All  depositions  taken  otherwise  than  before  the  com- 
mission, or  one  of  its  members,  shall  be  taken  before  some 
person  authorized  by  the  laws  of  the  State  to  take  deposi- 
tions, and  in  such  case  the  taking  of  depositions,  the 
captions  and  certificates  thereto,  and  the  transmission  and 
sealing  of  the  same,  shall  be  in  conformity  with  the  stat- 


1276 


National  Association  of  Kailwat  Commissioners 


utes  of  Tennessee,  providing  for  the  taking  of  depositions, 
unless  otherwise  ordered  by  the  commission,  or  agreed 
upon  by  the  parties. 

VII. 

Adjournments.  Adjournments,  extensions  of  time,  and 
continuances  may  be  had  upon  application  of  parties  upon 
sufficient  cause  being  shown.  Such  application  shall  be  in 
writing,  and  specifically  set  out  the  grounds  of  the  appli- 
cation, unless  otherwise  ordered  by  the  commission. 

VIII. 

Hearing.  Upon  an  issue  being  made  in  any  proceeding 
before  the  commission,  it  will  fix  a  time  and  place  for 
hearing  the  proceeding,  which  place  will  be  at  the  office  in 
the  capltol,  Nashville,  Tenn.,  unless  otherwise  ordered. 
When  such  issue  is  made,  the  proceeding  shall  be  open  for 
the  taking  of  depositions  in  the  mode  and  manner  herein- 
before set  out,  or  the  parties  may  produce  their  evidence 
at  the  time  and  place  set  for  hearing  the  proceedings. 
The  parties  may  be  heard  in  person  or  by  attorneys,  or  by 
written  argument. 

IX. 

Subpoenas.  Subpoenas  for  witnesses  may  be  issued  by 
any  members  of  the  commission  in  all  cases  of  investiga- 
tions, and  proceeding  before  the  commission,  and  witnesses 
shall  obey  the  subpoenas  served  upon  them  requiring  their 
attendance,  or  the  production  of  books,  papers,  tariffs,  con- 
tracts, agreements,  or  documents  of  any  character  relating 
to  any  investigations  or  matters  pending  before  the  com 
mission.  Subpoenas  may  be  served  by  any  officer  au- 
thorized by  law  to  serve  the  same. 


Witness  fees.  Each  witness  claiming  attendance  before 
the  commission  shall  affirmatively  show  in  such  manner 
as  the  commission  may  deem  proper,  that  his  witness  fees 
may  be  lawfully  allowed  under  §  10  of  the  Railway  Com- 
mission Act. 

Adopted  May  11,  1899. 

RULE  A— FOR  THE  ASSESSMENT  OF  PROPERTY  FOR 
TAXATION— 1899. 

Any  person  or  corporation  desiring  taking  the  deposi- 
tion of  or  examining  a  witness  shall  take  such  deposition 
and  examine  the  witness  before  the  commission  at  its 
office,  or  at  the  place  where  the  commission  is  holding  its 
regular  session.  But  upon  application  of  any  person  or 
corporation  in  interest,  specifically  setting  forth  a  good  and 
sufficient  reason,  the  rule  as  to  taking  testimony  before  the 
commission  may  be  suspended  or  waived  and  a  special 
order  be  made,  in  the  discretion  of  the  commission.  The 
commission  may  take  the  deposition  of  any  witness  upon 
interrogatories  prepared  and  filed  by  the  commission,  al- 
lowing, if  desired  by  any  party  In  interest,  such  reasona- 
able  opportunity  as  may  be  deemed  proper  for  cross-inter- 
rogatories, and  rebutting  interrogatories  may  be  filed  by 
the  commission.  The  commission  may  take  the  deposi- 
tion of  any  witness  at  any  time  or  place  it  may  deem 
proper,  or  examine  any  witness  at  any  time  or  place  it  may 
deem  proper,  allowing,  if  desired  by  any  party  in  interest, 
a  reasonable  opportunity   for  cross-examination. 

Depositions  taken  by  the  commission  may  be  taken  be- 
fore the  commission  or  any  member  thereof  or  any  per- 
son by  law  authorized  to  take  depositions,  but  this  pro- 
vision is  to  be  so  construed  as  not  to  interfere  with  the 
foregoing  provisions  as  to  depositions  of  parties  in  inter- 
est being  taken  by  the  commission. 

"Rule  A,"  hereby  adopted,  shall  not  be  so  construed  as 
to  prevent  or  interfere  with  the  commissioners  taking  or 
obtaining  evidence  in  any  other  legal  mode,  and  the  rule 
may  be  waived  or  suspended  by  the  commission  upon  its 
own  motion,  or  changed  or  enlarged  at  the  discretion  of 
the  commission. 

Adopted  May  18,  1899. 

RECIPROCAL  SWITCHING  BULLETIN— 1»07. 
All  railroad  or  railway  companies  doing  business  in 
Tennessee  shall  receive  and  transport,  without  delay  or 
discrimination,  the  passengers,  tonnage  or  cars,  loaded  or 
empty,  of  any  connecting  line  of  railroad,  or  other  com- 
mon carrier  by  water  or  land,  and  deliver  without  discrim- 
ination or  unreasonable  delay,  any  passengers,  tonnage, 
cars,  l»aded  or  empty,  destined  to  any  poi«t  on  or  over  tho 


line  of  any  connecting  railroad,  and  shall  receive  and 
transport,  without  discrimination  or  unreasonable  delay, 
any  freight  consigned  to  any  person,  firm  or  corporation, 
or  common  carrier,  at  any  point  on  its  line,  or  point  on 
any  connecting  line  of  railroad;  provided,  that  perishable 
freight  of  all  kinds,  and  live  stock,  shall  have  precedence 
of  shipment. 

Where  traffic  arrangements  have  been  entered  Into  by 
railroad  companies  In  this  State  whose  lines  connect,  the 
freight  and  switching  charges  shall  be  reasonable,  and 
shall  be  submitted  to  the  railroad  commission  for  its  ap- 
proval. 

Where  no  traffic  arrangements  exist  between  connect- 
ing lines  of  railroad  in  this  State,  it  shall  be  the  duty  of 
such  railroad  companies  to  enter  into  traffic  arrangements 
with  each  other,  whereby  each  shall  be  secured  in  its  pro 
rata  of  the  freight  charges  on  any  business  that  may  be 
interchanged,  and  fixing  reasonable  rates  for  freights  and 
for  switching,  which  rates  shall  be  submitted  to  the  rail- 
road commission  for  approval. 

On  complaint  of  any  railroad  company,  or  shipper,  that 
any  railroad  or  railway  company  doing  business  in  this 
State  has  failed  to  comply  with  the  requirements  of  tlie 
law  in  regard  to  unjust  discrimination,  the  railroad  com- 
mission will  hear  and  adjudicate  the  cause,  and  If  tlia 
complaint  is  sustained  by  proof,  the  penalties  will  be  iio-^ 
posed. 

Adopted  February  8,  1907. 

RULES  GOVERNING  THE  ERECTION,  LOCATION 
MAINTENANCE  OP  DEPOTS— 1907. 

Rule  1. 

It  shall  be  the  duty  of  all  railroad  companies  in  tl 
State  to  establish,  conduct  and  maintain  such  depots,  si 
tions,  offices  and  agencies  for  the  transaction  of  the  usu 
and  customary  business  of  their  patrons  at  all  points  < 
their  lines  in  Tennessee,  where  the  volume  of  such  bui 
ness  offered  shall  reasonably  justify,  or  where  the  publ 
service  and  convenience  may  reasonably  require  the  sanr 

Rule  2. 

Each  and  every  depot,  station,  office  and  agency  nc  w 
maintained,  conducted  or  used,  in  Tennessee,  by  any  ra  1- 
road  doing  business  in  this  State,  for  the  transaction  if 
business  with  the  public,  is  hereby  formally  establish'  d 
and  located  at  the  point  and  on  the  premises  where  t  g 
same  is  now  being  so  maintained  and  conducted.  No  su'  h 
depot,  station,  office  or  agency  as  aforesaid,  now  esta  b- 
llshed  or  may  hereafter  be  established  pursuant  to  orde  s 
made  by  the  commission,  or  voluntarily  by  such  compar  y, 
or  otherwise  established,  shall  be  closed,  removed,  si  s- 
pended,  discontinued  or  abolished  without  authori  y  , 
granted  by  the  commission  upon  written  application. 

Rule  3. 

All   applications   that   may   be   made   asking   that  t 
commission  will  require  the  establishment  of  any  raiiro 
station  or  agency,  or  the  construction  or  improvement 
any  depot  building,  whether  for  freight  or  passengers, 
for  both,  shall  clearly  and  fully  set  forth  in  detail  all 
the  reasons  and  grounds  upon  which  said  application  m 
be  based,  and  in  so  doing  shall  give  as  nearly  as  may| 
practicable  the  following  information:  ^ 

The  population  of  the  town,  city  or  other  locality 
question,   the   number  of   stores,   schools,   churches,    fae 
ries,  etc.,  in  and  adjacent  thereto,  the  actual  and  Imn 
diately  prospective  volume  of  business  to  be  accommodat 
by  the  said  improvement  desired,  and  all  such  further 
formation  as  will  enable  the  commission  understanding 
to  judge  of  the  necessity  of  such  improvement,  and  to 
telligently  act  upon  such  application. 


ed 

n- 


Rule  4- 


m 


Each  railroad  company  shall  provide  separate  waiting 
rooms  for  white  and  colored  passengers  in  each  and  evtry 
passenger  depot,  and  in  each  and  every  combination  freifibt 
and  passenger  depot  now  in  use  as  such,  or  that  may  here- 
after be  built,  rebuilt  or  remodeled  by  such  company  in 
this  State,  whether  done  voluntarily  by  such  compasy,  or 
In  compliance  with  orders  made  by  -the  commission,  or 
otherwise. 

Adopted  April  16,  1907. 


Public  Servioe  Laws 


1277 


PUBLIC  SERVICE  LAWS  OF  TEXAS 


CONSTITUTIONAL  PROVISIONS. 

(From  Axtell's  Texas  Constitution,  1900.) 

ARTICLE  I.— DECLARATION  OF  RIGHTS. 

§  17.  No  person's  property  shall  be  taken,  damaged  or 
destroyed  for  or  applied  to  public  use  without  adequate 
compensation  being  made,  unless  by  the  consent  of  such 
person;  and,  when  taken,  except  for  the  use  of  the  State, 
such  compensation  shall  be  first  made  or  secured  by  a 
deposit  of  money;  and  no  irrevocable  or  uncontrollable 
grant  of  special  privileges  or  immunities  shall  be  made; 
but  all  privileges  and  franchises  granted  by  the  legisla- 
ture, or  created  under  its  authority,  shall  be  subject  to  the 
control  thereof. 

§  26.  Perpetuities  and  monopolies  are  contrary  in  the 
genius  of  a  free  government,  and  shall  never  be  allowed; 
nor  shall  the  law  of  primogeniture  or  entailments  ever  be 
In  force  in  this  State. 

ARTICLE  III.— LEGISLATIVE  DEPARTMENT. 

§  50.  The  legislature  shall  have  no  power  to  give  or 
to  lend,  or  to  authorize  the  giving  or  lending,  of  the  credit 
of  the  State  in  aid  of,  or  to  any  person,  association  or 
corporation,  whether  municipal  or  other,  or  to  pledge  the 
credit  of  the  State,  in  any  manner  whatsoever,  for  the 
payment  of  the  liabilities,  present  or  prospective,  of  any 
Individual,  association  of  individuals,  municipal  or  other 
corporation  whatsoever.  [Declared  adopted  December  1, 
1898.] 

§  52.  The  legislature  shall  have  no  power  to  authorize 
any  county,  city,  town  or  other  political  corporation  or 
subdivision  of  the  State,  to  lend  its  credit  or  to  grant 
public  money  or  thing  of  value,  in  aid  of,  or  to  any  individ- 
ual, association  or  corporation  whatsoever;  or  to  become 
a  stockholder  in  such  corporation,  association  or  com- 
pany. 

§  54.  The  legislature  shall  have  no  power  to  release 
or  alienate  any  lien  held  by  the  State  upon  any  railroad, 
or  in  anywise  change  the  tenor  or  meaning  or  pass  any 
Act  explanatory  thereof;  but  the  same  shall  be  enforced 
In  accordance  with  original  terms  upon  which  it  was  ac- 
quired. 

§  55.  The  legislature  shall  have  no  power  to  release 
or  extinguish,  or  to  authorize  the  releasing  or  extinguish- 
ing, in  whole  or  in  part,  the  indebtedness,  liability  or  obli- 
gation of  any  incorporation  or  individual  to  this  State,  or 
to  any  county  or  other  municipal  corporation  therein. 

§  56.  The  legislature  shall  not,  except  as  otherwise 
provided  in  this  constitution,  pass  any  local  or  special 
law,  *  *  *  remitting  fines,  penalties  and  forfeitures, 
and  refunding  moneys  legally  paid  into  the  treasury;  ex- 
empting property  from  taxation;  regulating  labor,  trade, 
mining  and  manufacturing;  for  incorporating  railroads  or 
other  wors  of  internal  improvements;  and  in  all  other 
cases  where  a  general  law  can  be  made  applicable,  no  local 
or  special  law  shall  be  enacted;  provided,  that  nothing 
herein  contained  shall  be  construed  to  prohibit  the  legis- 
lature from  passing  special  laws  for  the  preservation  of 
the  game  and  fish  of  this  State  in  certain  localities. 

ARTICLE    VIII.— TAXATION    AND    REVENUE. 

§  1.  Taxation  shall  be  equal  and  uniform.  All  prop- 
erty in  this  State,  whether  owned  by  natural  persons  or 
corporations,  other  than  municipal,  shall  be  taxed  in  pro- 
portion to  its  value,  which  shall  be  ascertained  as  may  be 
provided  by  law.  The  legislature  may  Impose  a  poll  tax. 
It  may  also  impose  occupation  taxes,  both  upon  natural 
persons  and  upon  corporations,  other  than  municipal,  do- 
ing any  business  in  this  State.  It  may  also  tax  incomes 
of  both  natural  persons  and  corporations,  other  than  mu- 
nicipal, except  that  persons  engaged  in  mechanical  and 
agricultural  pursuits  shall  never  be  required  to  pay  an 
occupation  tax;  provided,  that  $250  worth  of  household 
and  kitchen  furniture,  belonging  to  each  family  in  this 
State,  shall  be  exempt  from  taxation;  and  provided  fur- 
ther, that  the  occupation  tax  levied  by  any  county,  city  or  ' 
town,  for  any  year,  on  persons  or  corporations  pursuing 
any  profession  or  business  shall  not  exceed  one-half  of  the 
tax  levied  by  the  State  for  the  same  period  on  such  pro- 
fession or  business. 

§    4.    The   power   to    tax   corporations   and   corporate 


property  shall  not  be  surrendered  or  suspended  by  Act  of 
the  legislature,  by  any  contract  or  grant  to  which  the 
State  shall  be  a  party. 

§  5.  All  property  of  railroad  companies,  of  whatever 
description,  lying  or  being  within  the  limits  of  any  city 
or  incorporated  town  within  this  State,  shall  bear  Its  pro- 
portionate share  of  municipal  taxation,  and  if  any  such 
property  shall  not  have  been  heretofore  rendered,  the 
authorities  of  the  city  or  town  within  which  it  lies  shall 
have  power  to  require  its  rendition,  and  collect  the  usual 
municipal  tax  thereon,  as  on  other  property  lying  within 
said  municipality. 

§  8.  All  property  of  railroad  "companies  shall  be  as- 
sessed, and  the  taxes  collected  in  the  several  counties  in 
which  said  property  Is  situated,  including  so  much  of  the 
roadbed  and  fixtures  as  shall  be  in  each  county.  The  roll- 
ing stock  may  be  assessed  in  gross  in  the  county  where 
the  principal  office  of  the  company  is  located,  and  the 
county  tax  paid  upon  it  shall  be  apportioned  by  the  comp- 
troller, in  proportion  to  the  distance  such  road  may  run 
through  any  such  county,  among  the  several  counties 
through  which  the  road  passes,  as  a  part  of  their  tax 
assets. 

ARTICLE  X.— RAILROADS. 

§  1.  Any  railroad  corporation  or  association,  organized 
under  the  law  for  the  purpose,  shall  have  the  right  to 
construct  and  operate  a  railroad  between  any  points  within 
this  State,  and  to  connect  at  the  State  line  with  railroads 
of  other  States.  Every  railroad  company  shall  have  the 
right,  with  its  road,  to  intersect,  with  or  cross  any  other 
railroad;  and  shall  receive  and  transport  each  the  other's 
passengers,  tonnage  and  cars,  loaded  or  empty,  without 
delay  or  discrimination,  under  such  regulations  as  shall  be 
prescribed  by  law. 

§  2.  [Sec.  2,  Art.  10,  declared  adopted  December  19, 
1890.]  Railroads  heretofore  constructed  or  which  may 
hereafter  be  constructed  in  this  State  are  hereby  declared 
public  highways,  and  railroad  companies  common  carriers. 
The  legislature  shall  pass  laws  to  regulate  railroad  freight 
and  passenger  tariffs,  to  correct  abuses,  and  prevent  un- 
just discrimination  and  extortion  in  the  rates  of  freight 
and  passenger  tariffs  on  the  different  railroads  in  this 
State,  and  enforce  the  same  by  adequate  penalties  and  to 
the  further  accomplishments  of  these  objects  and  pur- 
poses, may  provide  and  establish  all  requisite  means  and 
agencies  invested  with  such  powers  as  may  be  deemed 
adequate  and  advisable. 

§  3.  Every  railroad  or  other  corporation,  organized  or 
doing  business  in  this  State  under  the  laws  or  authority 
thereof,  shall  have  and  maintain  a  public  office  or  place 
in  this  State  for  the  transaction  of  its  business,  where 
transfers  of  stock  shall  be  made,  and  where  shall  be  kept, 
for  Inspection  by  the  stockholders  of  such  corporations, 
books,  in  which  shall  be  recorded  the  amount  of  capital 
stock  subscribed,  the  names  of  the  owners  of  the  stock, 
the  amounts  owned  by  them  respectively,  the  amount  of 
stock  paid,  and  by  whom,  the  transfer  of  said  stock,  with 
the  date  of  the  transfer,  the  amount  of  its  assets  and  lia- 
bilities, and  the  names  and  places  of  residents  of  its 
officers.  The  directors  of  every  railroad  company  shall 
hold  one  meeting  annually  in  this  State,  public  notice  of 
which  shall  be  given  30  days  previously,  and  the  president 
or  superintendent  shall  report  annually,  under  oath,  to  the 
comptroller  or  governor,  their  acts  and  doings,  which  re- 
port shall  include  such  matters  relating  to  railroads  as 
may  be  prescribed  by  law.  The  legislature  shall  pass  laws 
enforcing  by  suitable  penalties,  the  provisions  of  this 
section. 

§  4.  The  rolling  stock  and  all  other  movable  property 
belonging  to  any  railroad  company  or  corporation  in  this 
State  shall  be  considered  personal  property,  and  its  real 
and  personal  property,  or  any  part  thereof,  shall  be  liable 
to  execution  and  sale  in  the  same  manner  as  the  property 
of  Individuals;  and  the  legislature  shall  pass  no  laws  ex- 
empting any  such  property  from  execution  and  sale. 

§  5.  No  railroad  or  other  corporation,  or  the  lessees, 
purchasers  or  managers  of  any  railroad  corporation,  shall 
consolidate  the  stock,  property  or  franchises  of  such  cor- 
poration with,  or  lease  or  purchase  the  works  of  fran- 
chises of,  or  in  any  way  eontrol  any  railroad  corporation 


1878 


Natw^ax.  Association^  of  Railway  Commissioners 


owning  or  having  under  its  control  a  parallel  or  com- 
peting line;  nor  shall  any  officer  of  such  railroad  corpora- 
tion act  as  an  officer  of  any  other  railroad  corporation  own- 
ing or  having  the  control  of  a  parallel  or  competing  line. 

§  6.  No  railroad  company  organized  under  the  laws  of 
this  State  shall  consolidate  by  private  or  judicial  sale  or 
otherwise  with  any  railroad  company  organized  under  the 
laws  of  any  other  State  or  of  the  United  States. 

§  7.  No  law  shall  be  passed  by  the  legislature  grant- 
ing the  right  to  construct  and  operate  a  street  railroad 
within  any  city,  town  or  village,  or  upon  any  public  high- 
way, without  first  acquiring  the  consent  of  the  local  au- 
thorities having  control  of  the  street  or  highway  proposed 
to  be  occupied  by  such  street  railroad. 

§  8.  No  railroad  corporation  in  existence,  at  the  time 
of  the  adoption  of  this  constitution,  shall  have  the  benefit 
of  any  future  legislation  except  on  condition  of  complete 
acceptance  of  all  the  provisions  of  this  constitution  appli- 
cable to  railroads. 

§  9.  No  railroad  hereafter  constructed  in  this  State 
shall  pass  within  a  distance  of  three  miles  of  any  county 
Beat  without  passing  through  the  same,  and  establishing 
and  maintaining  a  depot  therein,  unless  prevented  by 
natural  obstacles,  such  as  streams,  hills  or  mountains; 
provided,  such  town  or  its  citizens  shall  grant  the  right 
of  way  through  its  limits  and  sufficient  ground  for  ordi- 
nary depot  purposes. 

ARTICLE  XI.— MUNICIPAL  CORPORATIONS. 

§  3.  No  county,  city  or  other  municipal  corporation 
shall  hereafter  become  a  subscriber  to  the  capital  of  any 
private  corporation  or  association,  or  make  any  appro- 
priation or  donation  to  the  same,  or  in  anywise  loan  its 
credit;  but  this  shall  not  be  construed  to  in  any  way  affect 
any  obligation  heretofore  undertaken  pursuant  to  law. 

ARTICLE  XII.— PRIVATE  CORPORATIONS. 

§  1.  No  private  corporation  shall  be  created  except  by 
general  laws. 

§  2.  General  laws  shall  be  enacted  providing  for  the 
creation  of  private  corporations,  shall  therein  provide 
fully  for  the  adequate  protection  of  the  public  and  of  the 
individual  stockholders. 

§  3.  The  right  to  authorize  and  regulate  freights,  tolls, 
wharfage  or  fares,  levied  and  collected,  or  proposed  to  be 
levied  and  collected  by  individuals,  companies  or  corpora- 
tions for  the  use  of  highways,  landings,  wharves,  bridges 
and  ferries,  devoted  to  public  use,  has  never  been  and  shall 
never  be  relinquished  or  abandoned  by  the  State,  but  shall 
always  be  under  legislative  control  and  depend  upon  legis- 
lative authority. 

§  4.  The  first  legislature  assembled  after  the  adoption 
of  this  constitution  shall  provide  a  mode  cf  procedure  by 
the  attorney-general  and  district  or  county  attorneys,  in 
the  name  and  behalf  of  the  State,  to  prevent  and  pun- 
ish the  demanding  and  receiving  or  collection  of  any  and 
all  charges,  as  freight,  wharfage,  fares  or  tolls,  for  the  use 
of  property  devoted  to  the  public,  unless  the  same  shall 
have  been  specially  authorized  by  law. 

§  5.  All  laws  granting  the  right  to  demand  and  collect 
freight,  fares,  tolls  or  wharfage,  shall  at  all  times  be 
subject  to  amendment,  modification  or  repeal  by  the  leg- 
islature. 

§  6.  No  corporation  shall  issue  stock  or  bonds  except 
for  money  paid,  labor  done,  or  property  actually  received, 
and  all  fictitious  increase  of  stock  or  indebtedness  shall 
be  void. 

§  7.  Nothing  in  this  article  shall  be  construed  to  divest 
or  affect  rights  guaranteed  by  any  existing  grant  or  stat- 
ute of  this  State  or  of  the  Republic  of  Texas. 

ARTICLE  XIV.— PUBLIC  LAND  AND  LAND  OFFICE. 

§  5.  All  lands  heretofore  or  hereafter  granted  to  rail- 
way companies,  where  the  charter  or  law  of  the  State  re- 
quired or  shall  hereafter  require  their  alienation  within  a 
certain  period,  on  pain  of  forfeiture,  or  is  silent  on  the 
subject  of  forfeiture,  and  which  lands  have  not  been  or 
shall  not  hereafter  be  alienated,  in  conformity  with  the 
terms  of  their  charters  and  the  laws  under  which  the 
grants  were  made,  are  hereby  declared  forfeited  to  the 
State,  and  subject  to  pre-emption,  location  and  survey,  as 
other  vacant  lands.  All  lands  heretofore  granted  to  said 
railroad  companies  to  which  no  forfeiture  was  attached. 


on  their  failure  to  alienate,  are  not  included  in  the  fore- 
going clause,  but  in  all  such  last  named  cases  it  shall  be 
the  duty  of  the  attorney-general,  in  every  instance,  where 
alienation  has  been  or  hereafter  may  be  made,  to  in- 
quire into  the  same  and  if  such  alienation  has  been  made 
in  fraud  of  the  rights  of  the  State,  and  is  colorable  only, 
the  real  and  beneficial  interest  being  still  in  such  corporii- 
tion,  to  institute  legal  proceedings  in  the  county  where  the 
seat  of  government  is  situated,  to  forfeit  such  lands  to  the 
State,  and  if  such  alienation  be  judicially  ascertained  to 
be  fraudulent  and  colorable  as  aforesaid,  such  lands  shall 
be  forfeited  to  the  State  and  become  a  part  of  the  vacant 
public  domain,  liable  to  pre-emption,  location  and  survey. 

ARTICLE  XVI.— GENERAL  PROVISIONS.  J|H 

§  25.  That  all  drawbacks  and  rebatement  of  insiir- 
ance,  freight,  transportation,  carriagt,  wharfage,  storagi?, 
compressing,  baling,  repairing,  or  for  any  other  kind  of 
labor  or  service,  of  or  to  an^  cotton,  grain  or  any  other 
produce  or  article  of  commerce  in  this  State,  paid  or  al- 
lowed or  contracted  for,  to  any  common  carrier,  shipper, 
merchant,  commission  merchant,  factor,  agent  or  middh;- 
man  of  any  kind,  not  the  true  and  absolute  owner  thereo:', 
are  forever  prohibited,  and  it  shall  be  the  duty  of  the 
legislature  to  pass  effective  laws  punishing  all  person.s  i\ 
this  State  who  pay,  receive,  or  contract  for  or  respecting 
the  same. 

S  30.     [Declared    adopted    December    22,     1894.]       The 
duration  of  all  offices  not  fixed  by  the  constitution  shall 
never  exceed  two  years;   provided,  that  when  a  railroa^l 
commission   is   created   by   law   it   shall   be    composed   of 
three   commissioners,   who   shall   be  elected   by  the   pec- 
ple    at    a   general    election    for    State    officers,    and    thei* 
terms  of  office  shall  be  six  years;   provided,  railroad  con- 
missioners   first   elected   after   this   amendment   goes   int> 
effect  shall   hold  office  as  follows:     One   shall  serve  tW'> 
years,  one  four  years  and  one  six  years,  their  terms  to  bi    i 
decided   by   lot   immediately   after   they   shall   have   quali 
fied.     And    one    railroad    commissioner    shall    be    electei 
every   two  years  thereafter.     In  case  of   vacancy   in   sai( 
office,  the  governor  of  the  State  shall  fill  said  vacancy  b; 
appointment   until   the   next   general   election. 

§  35.  The  legislature  shall,  at  its  first  session,  P4W 
laws  to  protect  laborers  on  public  buildings,  streets,  roaq|  ^ 
railroads,  canals  and  other  similar  public  works,  agains 
the  failure  of  contractors  and  subcontractors  to  pay  thei 
current  wages  when  due,  and  to  make  the  corporation 
company  or  individual  for  whose  benefit  the  work  i 
done,  responsible  for  their  ultimate  payment. 


STATUTE  LAW. 


H 


fNoTE. — The  last  revision  of  Texas  statutes  ,law  seem 
to  be  Sayles'  Texas  Civil  Statutes,  published  in  IGiT,  I  * 
supplements  to  which,  by  Herron,  have  been  published  ii 
1908  and  1910,  respectively.  The  statutes  here  given  ar 
taken  from  Sayles'  Texas  Civil  Statutes  of  1897,  with  th- 
subsequent  changes  shown  in  Herron's  Supplement  o ' 
1908,  and  with  the  further  changes  made  b^  the  legisla 
ture  at  the  sessions  of  1907  and  those  held  subsequentl: 
thereto.] 

RAILROAD    COMMISSION    OF    TEXAS. 

The  railroad  commission  of  Texas  was  created  by 
Act  approved  April  3,  1891  (Laws  of  Texas,  1891,  page  55' 
which  has  not  been  changed  in  any  essential  feature  b 
subsequent  amendment.  In  the  form  in  which  it  no; 
stands  on  the  statute  books,  omitting  the  title,  it  is 
follows : 


II 


(II    Sayles'    Texas    Civil    Statutes    (1897),    page    1654, 
amended   by   subsequent   legislation.) 

Railroad  commission.  Art.  4561.  §1.  A  railroad  commis- 
sion is  hereby  created,  to  be  composed  of  three  persons  t  > 
be  appointed  by  the  governor,  as  follows:  If  the  legislature 
be  in  session,  the  governor  shall,  by  and  with  the  advic» 
of  the  senate,  appoint  said  commissioners;  but  if  the  leg- 
islature be  not  in  session,  the  governor  shall  make  sucli 
appointments,  and  each  commissioner  so  appointed  shall 
hold  his  office  until  the  second  Monday  after  the  inaugura- 
tion of  the  next  succeeding  governor  and  until  his  suc- 
cessor is  appointed  and  qualified.  Each  succeeding  go\- 
ernor  shall,  on  the  second  Monday  after  his  inauguration, 
or  as  soon  thereafter  as  practicable,  appoint  said  com- 
missioners, who  shall  each  hold  his  office  until  the  second 


Public  Sbhvice  Laws 


1279 


Monday    after    the    inauguration    of    the   next    succeeding; 
governor  and  until  his  successor  is  appointed  and  qualified. 

Qualifications,  a.  The  persons  so  appointed  shall  be 
resident  citizens  of  this  State;  and  qualified  voters  under 
the  constitution  and  laws,  and  not  less  than  25  years  of 
age.  No  person  shall  be  appointed  as  such  commissioner 
who  is  directly  or  indirectly  Interested  in  any  railroad  in 
this  State  or  out  of  it,  or  in  any  stock,  bond,  mortgage, 
security,  or  in  the  earnings  of  any  such  road;  and  if  such 
commissioner  shall  voluntarily  become  so  interested,  his 
office  shall  become  vacant;  and  if  any  railroad  commis- 
sioner shall  become  so  Interested  otherwise  than  volun- 
tarily, he  shall,  within  a  reasonable  time,  divest  himself 
of  such  interest;  failing  to  do  this,  his  office  shall  become 
vacant. 

Shall  hold  no  other  office,  etc.  b.  No  commissioner 
hereunder  shall  hold  any  other  office  under  the  govern- 
ment of  the  United  States,  or  of  this  State,  or  of  any  other 
State  government;  and  shall  not  while  such  commissioner 
engage  in  any  occupation  or  business  inconsistent  with 
his  duties  as  such  commissioner. 

Vacancies,  c.  The  governor  shall  fill  all  vacancies  in 
the  office  of  commissioner  by  appointment,  ani  the  per- 
sons so  appointed  shall  fill  out  the  unexpired  term  of  his 
predecessor. 

Oath,  etc.  d.  Before  entering  upon  the  duties  of  his 
office  each  of  said  commissioners  shall  take  and  subscribe 
to  the  oath  of  office  prescribed  in  the  constitution,  and 
shall,  in  addition  thereto,  swear  that  he  is  not  directly  or 
indirectly  interested  in  any  railroad,  nor  in  the  bonds, 
stock,  mortgages,  securities,  contracts  or  earnings  of  any 
railroad,  and  that  he  will,  to  the  best  of  his  ability,  faith- 
fully and  justly  execute  and  enforce  the  provisions  of  this 
chapter  and  all  laws  of  this  State  concerning  railroads, 
which  oath  shall  be  filed  with  the  secretary  of  State. 

Halary — Sessions— Clerks,  etc.,  sal-aries,  expenses,  e. 
Each  of  said  commissioners  shall  receive  an  annua.1  salary 
of  $4,000,  payable  in  the  same  manner  that  salaries  of 
other  State  officers  are  paid. 

The  commissioners  appointed  shall  meet  at  Austin  and 
organize  and  elect  one  of  their  number  as  chairman  of 
said  commission.  A  majority  of  said  commissioners  shall 
constitute  a  quorum  to  transact  business.  Said  commis- 
sion may  appoint  a  secretary  at  a  salary  of  not  more  than 
$2,000  per  annum,  and  may  appoint  not  more  than  two 
clerks  at  a  salary  of  not  more  than  $1,500  per  annum 
each,  and  such  other  persons  as  experts  as  may  be  neces- 
sary to  perform  any  duty  that  may  be  required  of  them  by 
this  chapter.  The  secretary  shall  keep  full  and  correct 
minutes  of  all  transactions  and  proceedings  of  said  com- 
mission, and  perform  such  duties  as  may  be  required  by 
the  commission.  The  commission  shall  have  power  to 
make  all  needful  rules  for  their  government  and  for  their 
proceedings.  They  shall  be  known  collectively  as  "Rail- 
road Commission  of  Texas,"  and  shall  have  a  seal,  a  star 
of  five  points,  with  the  words  "Railroad  Commission  of 
Texas"  engraved  thereon.  They  shall  be  furnished  with 
an  office  in  the  capitol  at  Austin,  and  with  necessary  fur- 
niture, stationery,  supplies  and  all  necessary  expenses,  to 
be  paid  for  on  the  order  of  the  governor. 

The  commissioners,  secretary  and  clerks  shall  be  en- 
titled to  receive  from  the  State  their  actual  necessary 
traveling  expenses,  which  shall  include  the  cost  only  of 
transportation  while  traveling  on  the  business  of  the 
commission,  to  be  paid  out  on  the  order  of  the  governor 
upon  an  itemized  statement  thereof,  sworn  to  by  the  party 
who  incurred  the  expense  and  approved  by  the  com- 
mission. 

Said  commissioners  may  hold  sessions  at  any  place  in 
the  State  when  deemed  necessary  to  facilitate  the  dis- 
charge of  their  duties. 

Powers  and  duties.  Art.  4562,  §  2.  The  power  and  au- 
thority is  hereby  vested  in  the  railroad  commission  of 
Texas,  and  it  is  hereby  made  its  duty,  to  adopt  all  neces- 
sary rates',  charges  and  regulations  to  govern  and  regu- 
late railroad  freight  and  passenger  tariffs,  the  power  to 
correct  abuses  and  prevent  unjust  discrimination  and  ex- 
tortion in  the  rates  of  freight  and  passenger  tariffs  on  the 
different  railroads  in  this  State,  and  to  enforce  the  same 
by  having  the  penalties  inflicted  as  by  this  chapter  pre- 
scribed through  proper  courts  having  jurisdiction. 

Classify  Irr^'ghts.    a.     The  said  commission  shall  have 


power,  and  it  shall  be  its  duty,  to  fairly  and  justly  classify 
and  subdivide  all  freight  and  property  of  whatsoever  char- 
acter that  may  be  transported  over  the  railroads  of  this 
State  into  sucli  general  and  special  classes  or  subdivisions 
as  may  be  found  necessary  and  expedient 

Fix  reasonable  rates,  b.  The  commission  shall  have 
power,  and  it  shall  be  its  duty,  to  fix  to  each  class  or  sub- 
division of  freight  a  reasonable  rate  for  each  railroad  sub- 
ject to  this  Act  for  the  transportation  of  each  of  said 
classes  and  subdivisions. 

Classifications  uniform,  c.  The  classifications  herein 
provided  for  shall  apply  to  and  be  the  same  for  all  rail- 
roads subject  to  the  provisions  of  this  chapter. 

May  fix  different  rates,  d.  The  said  commission  may 
fix  different  rates  for  different  railroads  and  for  different 
lines  under  the  same  management,  or  for  different  parts 
of  the  same  lines  if  found  necessary  to  do  justice,  and  may 
make  rates  for  express  companies  different  from  the  rates 
fixed  for  railroads. 

Rates  for  connecting  lines,  e.  The  said  commission 
shall  have  power,  and  it  shall  be  its  duty,  to  fix  and  es- 
tablish for  all  or  any  connecting  lines  of  railroad  in  this 
State  reasonable  joint  rates  of  freight  charges  for  the 
various  classes  of  freight  and  cars  that  may  pass  over 
two  or  more  lines  of  such  railroads. 

Divisions,  f.  If  any  two  or  more  connecting  railroads 
shall  fail  to  agree  upon  a  fair  and  just  division  of  the 
charges  arising  from  the  transportation  of  freights,  pas- 
sengers or  cars  over  their  lines,  the  commission  shall 
fix  the  pro  rata  part  of  such  charges  to  be  received  by  each 
of  said  connecting  lines. 

Old  rates  exist  until  changed,  g.  Until  the  commis- 
sion shall  make  the  classifications  and  schedules  of  rates 
as  herein  provided  for,  and  afterwards,  if  they  deem  it  ad- 
visable, they  may  make  partial  or  special  classifications 
for  all  or  any  of  the  railroads  subject  hereto,  and  fix  the 
rates  to  be  charged  by  such  roads  therefor;  and  such 
classifications  and  rates  shall  be  put  into  effect  in  the 
manner  provided  for  general  classilications  and  schedules 
of  rates. 

May  alter,  abolish,  etc.  h.  The  commission  shall  have 
power,  and  it  shall  be  its  duty,  from  time  to  time,  to  alter, 
change,  amend  or  abolish  any  classification  or  rate  estab- 
lished by  it  when  deemed  necessary;  and  such  amended, 
altered  or  ne^  classifications  or  rates  shall  be  put  into 
effect  in  the  same  manner  as  the  originals 

May  adopt  rules  and  regulations,  i.  The  commission 
may  adopt  and  enforce  such  rules,  regulations  and  modes 
of  procedure  as  it  may  deem  proper  to  hear  and  determine 
complaints  that  may  be  made  against  the  classifications 
or  the  rates,  the  rules,  regulations  and  determinations  of 
the  commission. 

Empty  cars.  j.  The  commission  shall  make  reason- 
able and  just  rates  of  charges  for  each  railroad  subject 
hereto  for  the  use  or  transportation  of  loaded  or  em.pty 
cars  on  its  road;  and  may  establish  for  each  railroad 
or  for  all  railroads  alike  reasonable  rates  for  the  storing 
and  handling  of  freight  and  for  the  use  of  cars  not  un- 
loaded after'  48  hours'  notice  to  the  consignee,  not  to  in- 
clude Sundays. 

May  fix  rates  for  all  services,  k.  The  commission  shall 
make  and  establish  reasonable  rates  for  the  transporta- 
tion of  passengers  over  each  or  all  of  the  railroads  subject 
hereto,  which  rates  shall  not  exceed  the  rates  fixed  by 
law.  The  commission  shall  have  power  to  prescribe  rea- 
sonable rates,  tolls  or  charges  for  all  other  services  per- 
formed by  any  railroad  subject  hereto. 

Raihcays  to  maintain  depots.  1.  It  shall  be  the  duty 
of  each  and  every  railroad  subject  to  this  chapter  to  pro- 
vide and  maintain  adequate,  comfortable  and  clean  depots 
and  depot  buildings  at  its  several  stations  for  the  accom- 
modation of  passengers,  and  said  depot  buildings  shall 
be  kept  well  lighted  and  warmed  for  the  comfort  and  ac- 
commodation of  the  traveling  public;  and  all  such  roads 
shall  keep  and  maintain  adequate  and  suitable  freight  de- 
pots and  buildings  for  the  receiving,  handling,  storing  and 
delivering  of  all  freight  handled  by  such  roads;  provided, 
that  this  shall  not  be  construed  as  repealing  any  existing 
laws  on  the  subject. 

Notice  to  be  given  when  rates  fixed.  Art.  4563,  §  4.  Be- 
fore any  rates  shall  be  established  under  this  chapter,  the 


1280 


National  Association  of  Railway  Commissioners 


commission  shall  give  the  railroad  company  to  be  affected 
thereby  10  days'  notice  of  the  time  and  place  when  and 
■where  the  rates  shall  be  fixed;  and  said  railroad  company 
shall  be  entitled  to  be  heard  at  such  time  and  place,  to  the 
end  that  justice  may  be  done;  and  it  shall  have  process  to 
enforce  the  attendance  of  its  witnesses.  All  process 
herein  provided  for  shall  be  served  as  in  civil  cases. 

Fix  rules — Investigations,  a.  The  commission  shall 
have  power  to  adopt  rules  to  govern  its  proceedings,  and 
to  regulate  the  mode  and  manner  of  all  investigations  and 
hearings  of  railroad  companies  and  other  parties  before  it, 
In  the  establishment  of  rates,  orders,  charges  and  other 
acts  required  of  it  under  this  law;  provided,  that  no  per- 
son desiring  to  be  present  at  any  such  investigation  by 
said  commission  shall  be  denied  admission. 

Administer  oaths,  etc.  b.  The  chairman  and  each  of 
the  commissioners,  for  the  purposes  mentioned  in  this 
chapter,  shall  have  power  to  administer  all  oaths,  certify 
to  all  official  acts,  and  to  compel  the  attendance  of  wit- 
nesses and  the  production  of  papers,  waybills,  books,  ac- 
counts, documents  and  testimony,  and  to  punish  for  con- 
tempt as  fully  as  is  provided  by  law  for  the  District  or 
County  Court. 

Rates  conclusive  until,  etc.  Art.  4564,  §  5.  In  all  actions 
between  private  parties  and  railway  companies  brought 
under  this  law,  the  rates,  charges,  orders,  rules,  regula- 
tions and  classifications  prescribed  by  said  commission  be- 
fore the  institution  of  such  action  shall  be  held  conclusive, 
and  deemed  and  accepted  to  be  reasonable,  fair  and  just, 
and  in  such  respects  shall  not  be  controverted  therein  un- 
til finally  found  otherwise  in  a  direct  action  brought  for 
that  purpose  in  the  manner  prescribed  by  Articles  4565 
and  4566  of  this  chapter. 

When  railway  dissatisfied  may  file  petition,  etc.  Art. 
4565.  §  6.  It  any  railroad  company  or  other  party  at  in- 
terest be  dissatisfied  with  the  decision  of  any  rate,  classi- 
fication, rule,  charge,  order,  act  or  regulation  adopted  by 
the  commission,  such  dissatisfied  company  or  party  may 
file  a  petition  setting  forth  the  particular  cause  or  causes 
of  objection  to  such  decision,  act,  rate,  rule,  charge,  classi- 
fication or  order,  or  do  either  or  all  of  them,  in  a  court  of 
competent  jurisdiction  in  Travis  County,  Texas,  against 
said  commission  as  defendant.  Said  action  shall  have 
precedence  over  all  other  causes  on  the  docket  of  a  differ- 
ent nature,  and  shall  be  tried  and  determined  as  other 
civil  causes  in  said  court.  Either  party  in  said  action  may 
appeal  to  the  Appellate  Court  having  jurisdiction  of  said 
cause,  and  said  appeal  shall  be  at  once  returnable  to 
said  Appellate  Court  at  either  of  its  terms,  and  said  action 
80  appealed  shall  have  precedence  in  said  Appellate  Court 
of  all  causes  of  a  different  character  therein  pending; 
provided,  that  if  the  court  be  in  session  at  the  time  such 
right  of  action  accrues,  the  suit  may  be  filed  during  such 
term  and  stand  ready  for  trial  after  10  days'  notice. 

Burden  of  proof.  Art.  4566,  §  7.  In  all  trials  under  the 
foregoing  article,  the  burden  of  proof  shall  rest  upon  the 
plaintiff,  who  must  show  by  clear  and  satisfactory  evi- 
dence that  the  rates,  regulations,  orders,  classifications, 
acts  or  charges  complained  of  are  unreasonable  and  un- 
just to  it  or  them. 

Railroads  furnished  with  schedules  of  rates  fixed.  Art. 
4567.  §  8.  "The  said  commission  shall,  as  soon  as  the 
classifications  and  schedules  of  rates  herein  provided  for 
are  prepared  by  them,  furnish  each  railroad  subject  to  the 
provisions  of  this  chapter  with  a  complete  schedule  in 
suitable  form,  showing  the  classification  of  freight  made  by 
them  and  the  rates  fixed  by  said  commission  to  be  charged 
by  such  road  for  the  transportation  of  each  class  of  freight, 
and  shall  cause  a  certified  copy  of  such  classification  and 
Bckedule  of  rates  to  be  delivered  to  each  of  said  railroads 
at  its  principal  olfice  in  this  State,  if  it  has  such  office  in 
this  State,  and  if  not,  then  to  any  agent  of  said  company 
In  this  State,  which  said  schedule,  rules  and  regulations 
shall  take  effect  at  the  date  which  may  be  fixed  by  said 
commission,  not  less  than  twenty  days.  Each  of  said  rail- 
road companies  shall  cause  said  schedules  to  be  printed 
In  type  of  a  size  not  less  than  pica,  and  shall  have  the 
same  posted  up  in  a  conspicuous  place  at  each  of  its  de- 
pots, so  as  to  be  inspected  by  the  public.  Said  commission 
may  at  any  time  abolish,  alter  or  in  any  manner  amend 
any  such  regulations,  and  in  that  event  certified  copies  of 
the  schedules,  rules  or  regulations,  showing  the  changes 


therein,  shall  be  delivered  to  each  road  as  herein  specified. 
In  all  cases  where  the  rates  shall  not  have  been  fixed  by 
the  commission,  no  changes  shall  be  made  except  after  10 
days'  notice  to  and  consent  of  the  commission. 

Complainants  may  apply  to  commission — Proceedings. 
Art.  4568.  §  9.  Any  person,  firm,  corporation  or  associa- 
tion, or  any  mercantile,  agricultural  or  manufacturing 
association,  or  any  body  politic  or  municipal  organization, 
complaining  of  anything  done  or  omitted  to  be  done  by  any 
railroad  subject  hereto,  in  violation  of  any  law  of  this  State 
or  the  provisions  of  this  chapter  for  which  penalty  is  pro- 
vided, may  apply  to  said  commission  in  such  manner  and 
under  such  rules  as  the  commission  may  prescribe;  where- 
upon, if  there  shall  appear  to  the  commission  to  be  any 
reasonable  grounds  for  investigating  such  complaint,  it 
shall  give  at  least  five  days'  notice  to  such  railroad  of  such 
charge  and  complaint  and  call  upon  said  road  to  answer  the 
same  at  a  time  and  place  to  be  specified  by  the  commission. 
The  commission  shall  investigate  and  determine  such  com- 
plaint under  such  rule  and  modes  of  procedure  as  it  may 
adopt.  If  the  commission  find  that  there  has  been  a  viola- 
tion it  shall  determine  if  the  same  was  wilful;  if  it  find  that 
such  violation  was  not  wilful,  it  may  call  upon  said  road 
to  satisfy  the  damage  done  to  the  complainant  thereby, 
stating  the  amount  of  such  damage,  and  to  pay  the  cost  of 
such  investigation;  and  if  the  said  railroad  should  do  so 
within  the  time  specified  by  the  commission,  there  shall 
be  no  prosecution  by  the  State;  but  if  said  railroad  shall 
not  pay  said  damage  and  cost  within  the  time  specified 
by  said  commission,  or  if  the  commission  find  such  viola- 
tion to  be  wilful,  it  shall  Institute  proceedings  to  recover 
the  penalty  for  such  violation  and  the  cost  of  such  investi- 
gation. All  such  complaints  shall  be  made  in  the  name  of 
the  State  of  Texas  upon  the  relation  of  such  complainant. 
All  evidence  taken  before  said  commission  in  the  investi- 
gation of  any  such  complaint,  when  reduced  to  writing  and 
signed  and  sworn  to  by  the  witness,  may  be  used  by 
either  party — ^the  State,  complainant,  or  the  railroad  com- 
pany— in  any  proceeding  against  such  railroad  involving 
the  same  subject  matter;  provided,  further,  that  the  com- 
missioners may  require  the  testimony  so  taken  before  them 
to  be  reduced  to  writing  when  they  may  deem  it  neces- 
sary, or  when  requested  to  do  so  by  either  party  to  such 
proceedings,  and  a  certified  copy,  under  the  hand  and  seal 
of  said  commission,  shall  be  admissible  in  evidence  upon 
the  trial  of  any  cause  or  proceeding  growing  out  of  the 
same  transaction  against  such  railroad,  involving  the  same 
subject  matter  and  between  the  same  parties.  The  provi- 
sions of  this  section  shall  not  abridge  or  affect  the  right  of 
any  person  to  sue  for  any  penalty  that  may  be  due  him 
undei-  the  provisions  of  this  chapter  or  any  other  law  of 
this  State. 

May  inspect  books,  etc.  Art.  4569,  §10.  The  commli 
sioners,  or  either  of  them,  or  such  persons  as  they  may 
employ  therefor,  shall  have  the  right,  at  such  times  as  they 
may  deem  necessary,  to  inspect  the  books  and  papers  of  any 
railroad  company,  and  to  examine,  under  oath,  any  officer, 
agent  or  employe  of  such  railroad  in  relation  to  the  busi- 
ness and  affairs  of  the  same.  If  any  railroad  shall  refuse 
to  permit  the  commissioners,  or  either  of  them,  or  any 
person  authorized  thereto,  to  examine  its  books  and  papers, 
such  railroad  company  shall,  for  each  offense,  pay  to  the 
State  of  Texas  not  less  than  |125  nor  more  than  $500  for 
each  day  it  shall  so  fail  or  refuse;  provided,  that  any  per- 
son other  than  one  of  said  commissioners  who  shall  make 
any  such  demands  shall  produce  his  authority,  under  the 
hand  and  seal  of  said  commission  to  make  such  inspection. 

[Note:  The  remaining  part  of  this  the  original  §  10  is 
now  §  1007A  of  White's  Penal  Code  of  Texas. — Ed.] 

Ascertain  cost  of  railways.    Art.  4570,     §  11.     The  com 
mission  shall  ascertain  as  early  as  practicajile  the  amoun 
of  money  expended  in  construction  and  equipment  per  mtl 
of  every  railway  in  Texas,  the  amount  of  money  expend- 
to  procure  the  right  of  way  and  the  amount  of'  money 
would  require  to  reconstruct  the  roadbed,  track,  depots  an^ 
transportation,  and  to  replace  all  the  physical  properties 
belonging  to  the  railroad.     It  shall  also  ascertain  the  out- 
standing   bonds,    debentures    and    indebtedness    and    the 
amount  respectively  thereof,  when  issued,  and  rate  of  in- 
terest, when  due,  for  what  purposes  issued,  how  used,  to 
whom  issued,  to  whom  sold,  and  the  prl«e  in  cash,  property 
or  labor,  If  any,  received  therefor,  what  became  of  the  pro- 


Public  Sekvice  Laws 


1281 


ceeds,  by  whom  the  indebtedness  is  held,  the  amount  pur- 
porting to  be  due  thereon,  the  floating  indebtedness  of  the 
company,  to  whom  due,  and  his  address,  the  credits  due 
on  it,  the  property  on  hand  belonging  to  the  railroad  com- 
pany, and  the  judicial  or  other  sales  of  said  road,  its  prop- 
erty or  franchises,  and  the  amounts  purporting  to  have 
been  paid,  and  in  what  manner  paid  therefor.  The  com- 
mission shall  also  ascertain  the  amounts  paid  for  salaries 
to  the  olflcers  of  the  railroad,  and  the  wages  paid  its  em- 
ployes. For  the  purpose  in  this  article  named,  the  com- 
mission may  employ  sworn  experts  to  inspect  and  assist 
them  when  needed,  and  from  time  to  time,  as  the  informa- 
tion required  by  this  section  is  obtained,  it  shall  communi- 
cate the  same  to  the  attorney-general  by  report,  and  file 
a  duplicate  thereof  with  the  comptroller  for  public  use, 
and  said  information  shall  be  printed  from  time  to  time 
In  the  annual  report  of  the  commission. 

Blanks  for  information.  Art.  4571,  §  12.  The  said  com- 
mission shall  cause  to  be  prepared  suitable  blanks  with 
questions  calculated  to  elicit  all  information  concerning 
railroads,  and  as  often  as  it  may  be  necessary,  furnish  said 
blanks  to  each  railroad  company.  Any  railroad  company 
receiving  from  the  commission  any  such  blanks  shall  cause 
said  blanks  to  be  properly  filled  out  so  as  to  answer  fully 
and  correctly  each  question  therein  propounded,  and  in 
case  they  are  unable  to  answer  any  question,  they  shall 
give  a  satisfactory  reason  for  their  failure;  and  the  said 
answers,  duly  sworn  to  by  the  proper  officer  of  said  com- 
pany, shall  be  returned  to  said  commission  at  its  oflice  in 
the  city  of  Austin  within  30  days  from  the  receipt  thereof. 

Penalty — System  of  bookkeeping,  a.  If  any  officer  or 
employe  of  a  railroad  company  shall  fail  or  refuse  to  fill 
out  and  return  any  blanks  as  above  required,  or  fail  or  re- 
fuse to  answer  any  questions  therein  propounded  or  give  a 
false  answer  to  any  such  questions,  where  the  fact  in- 
quired of  is  within  his  knowledge,  or  shall  evade  the  an- 
swer to  any  such  questions,  such  person  shall  be  guilty  of 
a  misdemeanor,  and  shall  on  conviction  thereof  be  fined 
for  each  day  he  shall  fail  to  perform  such  duty  after  the 
expiration  of  the  time  aforesaid,  a  penalty  of  $500,  and 
the  commission  shall  cause  a  prosecution  therefor  in  the 
proper  court;  and  a  penalty  of  a  like  amount  shall  be  re- 
covered from  the  company  when  it  appears  that  such  per- 
sons acted  in  obedience  to  its  direction,  permission  or  re- 
quest in  his  failure,  evasion  or  refusal.  Said  commission 
shall  have  the  power  to  prescribe  a  system  of  bookkeeping 
to  be  observed  by  all  the  railroads  subject  hereto,  under 
the  penalties  prescribed  in  this  article. 

Annual  reports,  b.  The  said  commission  shall  make 
and  submit  to  the  governor  annual  reports  containing  a 
full  and  complete  account  of  the  transactions  of  their  office, 
together  with  the  information  gathered  by  such  commis- 
sion as  herein  required,  and  such  other  facts,  suggestions 
and  recommendations  as  may  be  by  them  deemed  neces- 
sary, which  report  shall  be  published  as  the  reports  of  the 
heads  of  departments. 

Through  freights,  c.  The  said  commission  shall  have 
power,  and  it  is  hereby  made  its  duty,  to  investigate 
all  through  freight  rates  on  railroads  in  Texas;  and  when 
the  same  are,  in  the  opinion  of  the  commission,  excessive  or 
levied  or  laid  in  violation  of  the  interstate  commerce  law, 
or  the  rules  and  regulations  of  the  Interstate  Commerce 
Commission,  the  officials  of  the  railroads  are  to  be  notified 
of  the  facts  and  requested  to  reduce  them  or  make  the 
proper  corrections,  as  the  case  may  be.  When  the  rates  are 
not  changed  or  the  proper  corrections  are  not  made  ac- 
cording to  the  request  of  the  commission,  the  latter  is  in- 
structed to  notify  the  Interstate  Commerce  Commission 
and  to  apply  to  it  for  relief. 

Power  to  issue  subpoenas — Witnesses — Proceedings  to 
compel  attendance.  Art.  4572,  §  13.  The  said  commission 
in  making  any  examination  or  investigation  provided  in  this 
chapter,  shall  have  power  to  issue  subpoenas  for  the  attend- 
ance of  witnesses  by  such  rules  as  they  may  prescribe. 
Each  witness  who  shall  appear  before  the  commission  by 
order  of  the  commission,  at  a  place  outside  of  the  county 
of  his  residence,  shall  receive  for  his  attendance  $1  per 
day  and  3  cents  per  mile,  traveled  by  the  nearest  prac- 
ticable route,  in  going  to  and  returning  from  the  place  of 
meeting  of  said  commission,  which  shall  be  ordered  paid 
by  the  comptroller  of  public  accounts  upon  the  presenta- 
tion of  proper  vouchers,  sworn  to  by  such   witness  and 


approved  by  the  chairman  of  the  commission;  provided, 
that  no  witness  shall  be  entitled  to  any  witness  fees  or 
mileage  who  is  directly  or  indirectly  interested  in  any  rail- 
road in  this  State  or  out  of  it,  or  who  is  in  anywise  inter- 
ested in  any  stock,  bond,  mortgage,  security  or  earnings  of 
any  such  road,  or  who  shall  be  the  agent  or  employe  of 
such  road,  or  an  officer  thereof,  when  summoned  at  the  in- 
stance of  such  railroad;  and  no  witness  furnished  with  free 
transportation  shall  receive  pay  for  the  distance  he  may 
have  traveled  on  such  free  transportation.  In  case  any 
witness  shall  fail  or  refuse  to  obey  such  subpoena,  said 
commission  may  issue  an  attachment  for  said  witness, 
directed  to  any  sheriff  or  any  constable  of  the  State  of 
Texas,  and  compel  him  to  attend  before  the  commission  and 
give  his  testimony  upon  such  matters  as  shall  be  lawfully- 
required  by  them.  If  a  witness,  after  being  duly  summoned, 
shall  fail  or  refuse  to  attend  or  to  answer  any  question 
propounded  to  him,  and  which  he  would  be  required  to . 
answer  if  in  court,  the  commission  shall  have  the  power 
tc  fine  and  imprison  such  witness  for  contempt,  in  the 
same  manner  that  a  judge  of  the  District  Court  might  do 
under  similar  circumstances.  The  claim  that  any  such 
testimony  may  tend  to  criminate  the  person  giving  it  shall 
not  excuse  such  witness  from  testifying,  but  such  evidence 
or  testimony  shall  not  be  used  against  such  person  on  the 
trial  of  any  criminal  proceeding;  provided,  the  commission 
shall  in  all  cases  have  the  right  in  its  discretion  to  issue 
proper  process  and  take  depositions  instead  of  compelling 
personal  attendance  of  witnesses.  The  sheriff  or  constable 
executing  any  process  issued  under  the  provisions  of  this 
article,  or  under  any  other  provisions  of  this  chapter,  shall 
receive  such  compensation  as  may  be  allowed  by  the  com- 
mission, not  to  exceed  fees  as  now  prescribed  by  law  for 
similar  services. 

Penalty  for  extorting.  Art.  4573,  §  14.  If  any  railroad 
company,  subject  to  this  chapter,  or  its  agent  or  officer,  shall 
hereafter  charge,  collect,  demand  or  receive  from  any  per- 
son, company,  firm  or  corporation  a  greater  rate,  cha^gB^ 
or  compensation  than  that  fixed  and  established  by  tBe» 
railroad  commission  for  the  transportation  of  freight,  pas-- 
sengers  or  cars,  or  for  the  use  of  any  car  on  the  line  of  its- 
railroad,  or  any  line  operated  by  it,  or  for  receiving,  for- 
warding, handling  or  storing  any  such  freight  or  cars  6r 
for  any  other  service  performed  or  to  be  performed  by  it, 
such  railroad  company  and  its  said  agent  and  officer  shall 
be  deemed  guilty  of  extortion  and  shall,  forfeit  and  pay  to 
the  State  of  Texas  a  sum  not  less  than  $100  nor  more  than 
$5,000. 

"Unjust  discrimination"  defined.  Art.  4574,  |  15.  If  any 
railroad  subject  hereto,  directly  or  indirectly,  or  by  any 
special  rate,  rebate,  drawback  or  other  device,  shall  charge, 
demand,  collect  or  receive  from  any  person,  firm  or  cor- 
poration, a  greater  or  less  compensation  for  any  service 
rendered,  or  to  be  rendered  by  it,  that  it  charges,  demands, 
collects  or  receives  from  any  other  person,  firm  or  corpora- 
tion for  doing  a  like  and  contemporaneous  service,  such 
railroad  shall  be  deemed  guilty  of  unjust  discrimination 
which  is  hereby  prohibited. 

Same.  a.  It  shall  also  be  an  unjust  discrimination  for 
any  such  railroad  to  make  or  give  any  undue  or  un- 
reasonable preference  or  advantage  to  any  particular  per- 
son, company,  firm,  corporation  or  locality,  or  to  subject 
any  particular  description  of  traffic  to  any  undue  or  un- 
reasonable prejudice,  delay  or  disadvantage  in  any  respect 
whatsoever. 

Same.  b.  Every  railroad  company  which  shall  fail  or 
refuse,  under  such  regulations  as  may  be  prescribed  by 
the  commission,  to  receive  and  transport  without  delay  or 
discrimination,  the  passengers,  tonnage  and  cars,  loaded 
or  empty,  of  any  connecting  line  of  railroad,  and  every 
railroad  which  shall,  under  such  regulations  as  may  be  pre- 
scribed by  the  commission,  fail  and  refuse  to  transport 
and  deliver,  without  delay  or  discrimination,  any  passen- 
gers, tonnage  or  cars,  loaded  or  empty,  destined  to  any 
point  on  or  over  the  line  of  any  connecting  line  of  rail- 
road, shall  be  deemed  guilty  of  unjust  discrimination;  pro- 
vided, perishable  freight  of  all  kinds  and  live  stock  shall 
have  precedence  of  shipment. 

Same— Special  rates  for  long  haul — Group  rates,  c.  It 
shall  also  be  an  unjust  discrimination  for  any  railroad 
subject  hereto  to  charge  or  receive  any  greater  compensa- 
tion in  the  aggregate  for  the  transportation  of  like  kind 


1282 


National  Association  of  Eailway  Commissioners 


of  property  or  passengers  for  a  shorter  than  for  a  longer 
distance  over  the  same  line;  provided,  that  upon  applica- 
tion to  the  commission  any  railroad  may  in  special  cases, 
to  prevent  manifest  injury,  be  authorized  by  the  commis- 
sion to  charge  less  for  longer  than  for  shorter  distances 
for  transporting  persons  and  property,  and  the  commission 
shall  from  time  to  time  prescribe  the  extent  to  which  such 
designated  railroad  may  be  relieved  from  the  operations 
of  this  provision;  provided,  that  no  manifest  injustice 
shall  be  imposed  upon  any  citizen  at  intermediate  points. 
Provided  further,  that  nothing  herein  shall  be  so  construed 
as  to  prevent  the  commission  from  making  what  are  linown 
as  "group  rates"  on  any  line  or  lines  of  railroad  in  this 
State. 

Penalty  for  unjust  discrimination,  d.  Any  railroad 
company  violating  any  provision  of  this  section  shall  be 
deemed  guilty  of  unjust  discrimination,  and  shall  for  each 
offense  pay  to  the  State  of  Texas  a  penalty  of  not  less  than 
1500  nor  more  than  $5,000. 

Same — Free  transportation  allowed  in  certain  cases,  h. 
Nothing  herein  shall  prevent  the  carriage,  storage  or 
handling  of  freight  free  or  at  reduced  rates  for  the  State, 
or  for  any  city,  county  or  town  government,  or  for  chari- 
table purposes,  or  to  and  from  fairs  and  expositions  for 
exhibition  thereof,  or  the  free  carriage  of  destitute  and 
indigent  persons,  or  the  issuance  of  mileage  or  excursion 
passenger  tickets;  nor  to  prevent  railroads  from  giving 
free  transportation  to  ministers  of  religion,  or  free 
transportation  to  the  inmates  of  hospitals,  eleemosynary 
and  charitable  institutions,  and  to  the  employes  of  the 
agricultural  and  geological  departments  of  this  State,  or 
to  peace  officers  of  this  State;  and  nothing  herein  shall  be 
construed  to  prevent  railroads  from  giving  free  transporta- 
tion to  any  railroad  officers,  agents,  employes,  attorneys, 
stockholders  or  directors,  or  to  the  railroad  commissioners, 
their  secretary,  clerks  and  employes  herein  provided  for, 
or  to  any  person  not  prohibited  by  law;  provided,  they,  or 
either  of  them,  shall  not  receive  from  the  State  mileage 
when  such  pass  is  used. 

Same.  Art.  4575,  §  17.  In  case  any  railroad  subject  to 
this  Act  shall  do,  cause  to  be  done,  or  permit  to  be  done, 
any  matter,  act  or  thing  in  this  chapter  prohibited  or  de- 
clared to  be  unlawful,  or  shall  omit  to  do  any  act,  matter  or 
thing  herein  required  to  be  done  by  it,  such  railroad-  shall 
be  liable  to  the  person  or  persons,  iirm  or  corporation  in- 
jured thereby  for  the  damages  sustained  in  consequence  of 
such  violation;  and  in  case  said  railroad  company  shall  be 
guilty  of  extortion  or  discrimination  as  by  this  chapter  de- 
fined, then,  in  addition  to  such  damages,  such  railroad 
shall  pay  to  the  person,  firm  or  corporation  injured  there- 
by a  penalty  of  not  less  than  $125  nor  more  than  $500,  to 
be  recovered  in  any  court  of  competent  jurisdiction  in  any 
county  into  or  through  which  such  railroad  may  run; 
provided,  that  such  road  may  plead  and  prove  as  a  defense 
to  the  action  for  said  penalty  that  such  overcharge  was 
unintentionally  and  innocently  made  through  a  mistake  of 
fact;  provided,  that  any  such  recovery  as  herein  provided 
shall  in  no  manner  affect  a  recovery  by  the  State  of  a 
penalty  provided  for  such  violations. 

Same.  Art.  4576,  §  18.  If  any  railway  company  doing 
^business  in  this  State  shall  hereafter  violate  any  other  pro- 
-vision  of  this  chapter,  or  shall  do  any  other  act  herein  pro- 
liibited,  or  shall  fail  or  refuse  to  perform  any  other  duty 
•enjoined  upon  it  for  which  a  penalty  has  not  been  provided 
by  law,  or  shall  fail,  neglect  or  refuse  to  obey  any  lawful 
requirement,  order,  judgment  or  decree  made  by  the  rail- 
road commission  of  Texas,  for  every  such  act  of  violation 
It  shall  pay  to  the  State  of  Texas  a  penalty  of  not  more 
ihan  $5,000. 

(Italicized  words  added  by  amendment.) 

Tenue  of  suits  for  recovery  of  penalty.  Art.  4577,  §  19. 
All  of  the  penalties  herein  provided,  except  as  provided  in 
Art.  4575,  shall  be  recovered  and  suits  thereon  shall  be 
brought  in  the  name  of  the  State  of  Texas  in  the  proper 
court  having  jurisdiction  thereof  in  Travis  County,  or  in  any 
county  to  or  through  which  such  railroad  may  run,  by  the 
attorney-general,  or  under  his  direction;  and  the  attorney 
bringing  such  suit  shall  receive  a  fee  of  $50  for  each  penalty 
recovered  and  collected  by  him,  and  10  per  cent  of  the 
amount  collected  to  be  paid  by  the  State.  In  all  suits  aris- 
ing under  this  chapter  the  rules  of  evidence  shall  be  the 
same  as  in  ordinary  civil  actions,  except  as  otherwise  here- 


the 


In  provided.  All  fines  and  penalties  recovered  by  the  State 
under  this  chapter  shall  be  paid  into  the  treasury  of  the 
State. 

Certified  copies  of  commission's  rates  to  be  evidence. 
Art.  4578,  §  20.  Upon  application  of  any  person  the  commis- 
sion shall  furnish  certified  copies  of  any  classification, 
rates,  rules,  regulations  or  orders  and  such  certified  copies, 
or  printed  copies  published  by  authority  of  the  commis- 
sion, shall  be  admissible  in  evidence  in  any  suit  and  suf- 
ficient to  establish  the  fact  that  any  charge,  rate,  rule, 
order  or  classification  therein  contained  and  which  may  be 
in  issue  in  the  trial  is  the  official  act  of  the  commission. 
A  substantial  compliance  with  the  requirements  of  this 
chapter  shall  be  sufficient  to  give  effect  to  all  the  classi- 
fications, rates,  charges,  rules,  regulations,  requirements 
and  orders  made  and  established  by  the  commission,  and 
none  of  them  shall  be  declared  inoperative  for  any  omis- 
sion of  a  technical  matter  in  the  performance  of  such  act. 

Attorney-general.  Art.  4579,  §  21.  It  is  hereby  made  the 
duty  of  such  railroad  commission  to  see  that  the  provi- 
sions of  this  chapter  and  all  laws  of  this  State  concerning 
railroads  are  enforced  and  obeyed,  and  that  violations 
thereof  are  promptly  prosecuted,  and  penalties  due  the 
State  therefor  recovered  and  collected.  And  said  commiii- 
sion  shall  report  all  such  violations  with  the  facts  in  their 
possession,  to  the  attorney-general,  or  other  officer  charged 
with  the  enforcement  of  the  laws,  and  request  him  to  in- 
stitute the  proper  proceedings;  and  all  suits  between  the 
State  and  any  railroad  shall  have  precedence  in  all  coui  ' 
over  all  other  suits  pending  therein. 

Duty  to  investigate,  a.  It  shall  be  the  duty  of 
commission  to  investigate  all  complaints  against  railroal 
companies  subject  thereto,  and  to  enforce  all  laws  of  this 
State  in  reference  to  railroads.  But  any  two  connecting 
railroads  may  enter  into  a  contract  whereby  any  part  c  r 
all  of  the  passenger,  freight  or  cars,  empty  or  loadec  . 
hauled  or  transported  by  one  and  destined  to  points  on  c  r 
beyond  the  line  of  the  other  shall  be  delivered  to,  receive  1 
and  transported  by  the  other;  which  contract,  howeve  . 
shall  he  submitted  to  the  railroad  commission  for  examin;  - 
tion  and  approval,  and  when  so  approved  shall  be  binding  ; 
but  if  the  said  contract  be  not  approved  by  the  commi  - 
sion  the  same  shall  be  void ;  provided,  that  any  connectin  ; 
line  delivering  freight  to  the  owner  or  consignee  of  sue  i 
freight  may  he  sued  by  the  owner  thereof  in  the  count  y 
where  the  freight  is  delivered  for  any  damage  that  may  I  a 
done  to  such  freight  in  its  transportation. 

"Road."  -railroad,"  etc.,  defined.  Art.  4580,  §  22.  Tl  e 
terms  "road,"  "railroad,"  "railroad  companies"  and  "ra  1- 
road  corporations"  as  used  herein  shall  be  taken  to  mean 
and  embrace  all  corporations,  companies,  individuals  ar  d 
association  of  individuals,  their  lessees  or  receivers  (a  >- 
pointed  by  any  court  whatsoever)  that  may  now  or  her  >• 
after  own,  operate,  manage  or  control  any  railroad  or  pa  t 
of  a  railroad  in  this  State,  and  all  corporations,  compani'  s 
and  associations  of  individuals,  their  lessees  or  receiver-, 
as  shall  do  the  business  of  common  carriers  on  any  railro;  d 
in  this  State. 

Law  applies  only  to  railroads  in  this  State,  a.  Tl  o 
provisions  of  this  chapter  shall  be  construed  to  apply  to  ai  d 
affect  only  the  transportation  of  passengers,  freight  ai  d 
cars  between  points  within  this  State;  and  this  chapter 
shall  not  apply  to  street  railways  nor  suburban  or  '  " 
lines  of  railways  in  or  near  cities  and  towns. 

One  train  a  day.  b.  It  shall  be  the  duty  of  the  ci 
missioners  to  see  that  upon  every  railroad  and  branc" 
same  carrying  passengers  for  hire  in  this  State  shall 
run  at  least  one  train  a  day  (Sundays  excepted)  upon 
which  passengers  shall  be  hauled,  and  the  commission  shall 
have  no  power  to  relax  this  provision  and  shall  further 
regulate  passenger  train  service  by  requiring  all  passenger 
trains  carrying  passengers  for  hire  to  stop  for  a  time  sif- 
ficient  to  receive  and  let  off  passengers  at  such  stations  as 
may  be  designated  by  the  commissioners;  provided,  that 
four  trains  each  way,  carrying  passengers  for  hire,  if  so 
many  are  run  daily  (Sundays  excepted),  be  required  to 
stop  as  aforesaid  at  all  county  seat  stations.  (As  amended 
by  Act  of  twenty-eighth  legislature,  1903.) 

Law  cumulative.  Art.  4581,  §  23.  This  law  shall  not 
have  the  effect  to  release  or  waive  any  right  of  action  -by 
the  State  or  any  person  for  any  right,  penalty  or  forfeiture 


apt  r 

cJB 
inl^ 


ii 


Public  Sekvioe  Laws 


1283 


which  may  have  arisen,  or  may  hereafter  arise,  under  any 
law  of  this  State;  and  all  penalties  accruing  under  this 
chapter  shall  be  cumulative  of  each  other,  and  a  suit  tor 
or  recovery  of  one  shall  not  be  a  bar  to  the  recovery  of 
any  other  penalty;  and  all  laws  and  parts  of  laws  in  con- 
flict with  this  chapter  are  repealed. 

TEXAS  BAILROADS   HELD  BY  TEXAS   CORPORATIONS   ONLY. 

An  Act  to  prohibit  any  corporation  not  created  under  the 

laws  of  the  State  of  Texas  from  constructing,  building, 

operating,  acquiring,  owning  or  maintaining  a  railroad 

within  the  State  of  Texas,  and  declaring  an  emergency. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Foreign  railroads  must  incorporate  in  Texas.  §  1.  That 
no  corporation,  except  one  chartered  under  the  laivs  of  the 
State  of  Texas,  shall  be  authorized  or  permitted  to  con- 
struct, build,  operate,  acquire,  own  or  maintain  any  railway 
within  this  State. 

Repeal.  §  2.  All  laws  and  parts  of  laws  in  conflict  here- 
with are  hereby  repealed. 

Emergency.  §  3.  The  crowded  condition  of  the  calendar 
and  the  near  approach  of  the  adjournment  of  the  ses- 
sion of  the  legislature  creates  an  emergency  and  an 
imperative  public  necessity  that  the  constitutional  rule 
requiring  bills  to  be  read  on  three  several  days  be  sus- 
pended and  that  this  Act  be  in  force  from  and  after 
its    passage,   and    it   is    so   enacted. 

Approved    March   26,    1903. 

[Note:  This  statute,  of  course,  had  no  effect  on  rail- 
road leases  or  operating  contracts  which  had  already  been 
entered  into  at  the  time  of  its  passage,  and  the  rights  of 
the  parties  to  which  had  already  vested.  There  seems  to 
be  no  statute  like  it  in  any  other  State.  Its  manifest  pur- 
pose is  to  keep  the  railroads  of  Texas  more  completely  un- 
der control  by  the  State  and  by  the  State  commission. 
Compare  Code  §  2322,  West  Virginia,  infra.] 

DUTIES    AND    POWERS    OF    THE    RAILROAD    COMMISSION    AS    TO    EX- 
PRESS   COMPANIES. 

{II  Sayles'  Texas  Civil  Statutes,  1897,  p.  1614.) 

Express  companies.  Art.  4582.  The  railroad  commis- 
sion of  the  State  of  Texas  shall  have  power,  and  it  shall 
be  its  duty,  to  fix  and  establish  reasonable  and  just  rates 
of  charges  for  each  class  or  kind  of  property,  money, 
papers,  packages  and  other  things  to  be  charged  for,  and 
received  by  each  express  company  on  all  such  property, 
money,  papers,  packages  and  things  which  by  the  contract 
of  carriage  are  to  be  transported  by  such  express  company 
between  points  wholly  within  this  State,  which  rates  or 
charges  may  be  made  to  apply  to  all  such  companies,  and 
may  be  changed  or  modified  by  said  commission  from  time 
to  time  in  such  manner  as  may  become  necessary.  Said 
commission  shall  have  the  same  power  to  make  and  pre- 
scribe such  rules  and  regulations  for  the  government  and 
control  of  such  express  companies  as  is  or  may  be  con- 
ferred upon  said  commission  for  the  regulation  of  rail- 
roads. 

Guilty  of  extortion,  when.  Art.  4583.  Every  express 
company  doing  business  in  this  State  which  shall  demand 
or  receive  a  greater  compensation  than  that  which  may  be 
prescribed  and  fixed  by  the  said  railroad  commission  for 
the  transportation  of  any  class  or  kind  of  property,  money, 
papers,  packages  or  things,  shall  be  deemed  guilty  of  ex- 
tortion, and  shall  forfeit  and  pay  to  the  State  of  Texas 
a  sum  not  to  exceed  $500  for  each  offense;  provided,  that 
if  it  shall  appear  that  such  violation  was  not  wilful,  said 
company  shall  have  10  days  to  refund  such  overcharges  or 
damages.  In  which  case  the  penalty  shall  not  be  incurred. 
And  the  said  commission  shall  have  authority,  and  it  shall 
be  its  duty,  to  sue  for  and  recover  the  same  in  the  same 
manner  as  may  be  prescribed  by  law  for  like  suits  against 
railroad  companies. 

To  investigate  books,  etc.  Art.  4584.  The  said  commis- 
sion shall  have  authority,  and  it  shall  be  its  duty  to  call 
upon  such  express  companies  for  reports,  and  investigate 
their  books  in  the  same  manner  as  may  be  prescribed  by 
law  for  the  regulation  of  railroad  companies,  and  the  said 
commission  shall  have  power  and  authority  to  institute 
suits,  sue  out  such  writs  and  process  as  may  be  applicable 
and  authorized  for  the  regulation  of  railroad  companies. 
All  laws,  rules  and  regulations  made  and  prescribed  for 
the  government  and  control  of  railroads,  in  so  far  as  they 


are  applicable,  shall  be  of  equal  force  and  effect  against  all 
express  companies. 

CHAPTER    XVIII,    ACTS    OF    TWENTY-FIFTH    LEGISLATURE. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

General  offices,  etc. — Penalty — Violations  reported  to  at- 
torney-general. Art.  2431a.  That  every  incorporated  express 
company  shall  keep  a  general  office  in  this  State  at  some 
place  on  the  line  of  its  transportation,  in  which  it  shall  keep 
its  books,  accounts  and  contracts,  relating  to  express  busi- 
ness, or  copies  thereof,  embracing  all  books,  papers  and  con- 
tracts, or  copies  thereof,  showing  the  value  of  its  property 
of  all  kinds,  and  the  amount  of  all  Its  receipts  and  dis- 
bursements on  account  of  the  express  business  done  in  this 
State.  That  the  books,  papers  and  contracts  required  to 
be  kept  in  said  general  office  shall  at  all  times  be  subject 
to  inspection  and  examination  by  the  officers  of  the  State 
of  Texas,  and  by  any  member  or  members  of  the  railroad 
commission  of  Texas,  or  by  its  authorized  agent,  officer  or 
employe. 

A  failure  to  comply  with  any  of  the  foregoing  provi- 
sions of  this  section  shall  subject  the  offending  company, 
and  any  officer,  agent  or  employe  of  such  company  so  of- 
fending, to  a  penalty  of  not  less  than  $100  nor  more  than 
$500.  And  that  a  failure  to  comply  with  the  foregoing  pro- 
vision shall  subject  the  company  So  offending  to  forfeit  its 
charter  and  privileges  of  doing  business  as  an  express  com- 
pany in  this  State. 

The  railroad  commission  of  Texas  shall  report  to  the 
attorney-general  of  the  State  the  name  of  any  company, 
and  the  officers,  agents  or  employes  thereof,  violating  any 
of  the  provisions  of  this  Act,  and  any  suits  to  recover  the 
penalties  herein  prescribed,  or  to  forfeit  the  charter  of 
such  express  company  doing  business  in  this  State,  shall 
be  instituted  and  prosecuted  in  a  court  having  jurisdiction 
in  the  county  of  Travis,  in  the  State  of  Texas,  by  the 
attorney-general  of  the  State.     (§1.) 

Reports  made  to  commission.  Art.  2431,  b.  Any  incor- 
porated express  company  with  its  principal  office  in 
another  State,  and  doing  business  as  such  express  com- 
pany in  this  State,  is  hereby  required  to  provide  and 
keep  in  its  general  office  in  this  State  a  copy  of  its 
charter,  and  to  make  full  annual  statements  of  the  value 
of  all  its  property,  including  a  like  statement  of  all  its 
indebtedness,  and  of  all  its  annual  receipts  and  expendi- 
tures as  such  express  company  to  the  railroad  commis- 
sion of  Texas,  at  such  time  or  times  as  may  be  pre- 
scribed by  it;  which  statement  shall  be  certified  to  be 
correct,  and  shall  be  sworn  to  by  the  president  and 
secretary,  or  general  manager  in  Texas,  of  such  company; 
and  such  company  shall  permit  any  member  or  mem- 
bers of  the  railroad  commission  of  Texas,  or  its  author- 
ized agent,  to  freely  examine  any  and  all  books,  papers 
and  contracts  in  said  office;  and  should  any  such  com- 
pany, or  any  person  in  charge  of  said  office,  refuse  to 
permit  such  examination,  this  shall  be  sufficient  ground 
for  the  withdrawal,  by  this  State,  of  its  privilege  of 
doing  business  as  such  express  company  in  this  State; 
and  it  shall  be  the  duty  of  the  attorney-general  of  the 
State  to  institute  and  conduct  suits  for  that  purpose  in 
a  court  having  jurisdiction  In  Travis  County,  in  the 
State  of  Texas.     (§2.) 

General  officers — Penalty.  Art.  2431,  c.  Every  express 
company  doing  business  as  such  in  this  State  shall, 
within  90  days  after  the  passage  of  this  chapter,  estab- 
lish the  general  office  provided  for  In  this  Act  at  some 
point  on  their  line  of  transportation  in  this  State,  and 
shall  immediately  give  notice  in  writing  to  the  railroad 
commission  of  Texas  of  the  place  at  which  such  general 
office  is  located,  and  shall,  at  the  same  time,  give  notice 
in  writing  to  said  commission  of  the  name  and  official 
designation  of  the  person  or  persons,  officer  or  officers, 
charged  with  the  management  of  such  general  office,  and 
shall,  from  time  to  time,  give  like  notices  in  writing 
of  any  change  of  location  of  such  general  office,  or  of 
the  person  or  persons,  officer  or  officers,  charged  with 
the   management. 

A  failure  to  comply  with  any  of  the  provisions  of  this 
section  shall  be  sufficient  cause  for  withdrawing  from 
such  express  company  the  privilege  of  doing  business  as 
such  in   this  State.     (§  3.) 

Approved  March  11,   1897. 


1284 


National  Association  of  Eailway  Commissioners 


9 


FUBNISHING    CARS. 

(Revised  Statutes.) 

Railroad  to  furnish  cars  when  demanded.  Art.  4497. 
When  the  owner,  manager  or  shipper  of  any  freight  of 
any  kind  shall  make  application  in  writing  to  any  super- 
intendent, agent  or  other  person  in  charge  of  transporta- 
tion to  any  railway  company,  receiver  or  trustee  op- 
erating a  line  of  railway  at  the  point  where  the  cars 
are  desired  upon  which  to  ship  any  freight,  it  shall  be 
the  duty  of  such  railway  company,  receiver,  trustee  or 
other  person  in  charge  thereof,  to  supply  the  number  of 
cars  so  required  at  the  point  indicated  in  the  application 
within  a  reasonable  time  thereafter,  not  to  exceed  six 
days  from  the  receipt  of  such  application,  and  shall 
supply  such  cars  to  the  persons  so  applying  therefor  in 
the  order  in  which  such  applications  are  made,  without 
giving  preference  to  any  person;  provided,  if  the  appli- 
cation be  for  ten  cars  or  less,  the  same  shall  be  fur- 
nished in  three  days;  and  provided,  further,  that  if  the 
application  be  for  50  cars  or  more,  the  railway  company 
may  have  10  full  days  in  which  to  supply  the  cars. 

Application  shall  state.  Art.  4498.  Said  application  for 
cars  shall  state  the  number  of  cars  desired,  the  place  at 
which  they  are  desired  and  the  time  they  are  desired; 
provided,  that  the  place,designated  shall  be  at  some  sta- 
tion or  switch  on  the  railroad. 

Penalty.  Art.  4499.  When  cars  are  applied  for  under 
the  provisions  of  this  chapter,  if  they  are  not  furnished, 
the  railway  company  so  failing  to  furnish  them  shall  for- 
feit to  the  party  or  parties  so  applying  for  them  the  sum 
of  $25  per  day  for  each  car  failed  to  be  furnished,  to  be 
recovered  in  any  court  of  competent  jurisdiction,  and  all 
actual  damages  that  such  applicant  may  sustain. 

Applicant  shall  make  deposit.  Art.  4500.  Such  appli- 
cant shall,  at  the  time  of  applying  for  such  car  or  cars, 
deposit  with  the  agent  of  such  company  one-fourth  of  the 
amount  of  the  freight  charge  for  the  use  of  such  cars, 
unless  the  said  road  shall  agree  to  deliver  said  cars  with- 
out such  deposit.  And  such  applicant  shall,  within  48 
hours  after  such  car  or  cars  have  been  delivered  and 
placed,  as  hereinbefore  provided,  fully  load  the  same,  and 
upon  failure  to  do  so,  he  shall  forfeit  and  pay  to  the 
company  the  sum  of  $25  for  each  car  not  used;  pro- 
vided, that  where  applications  are  made  on  several  days, 
all  of  which  are  filled  upon  the  same  day,  the  applicant 
shall  have  48  hours  to  load  the  car  or  cars  furnished  on 
the  first  application,  and  the  next  48  hours  to  load  the 
car  or  cars  furnished  on  the  next  application,  and  so  on; 
and  the  penalty  prescribed  shall  not  accrue  as  to  any 
car  or  lot  of  cars  applied  for  on  any  one  day  until  the 
period  within  which  they  may  be  loaded  has  expired. 
And  if  the  said  applicant  shall  not  use  such  cars  so 
ordered  by  him,  and  shall  so  notify  the  said  company 
or  its  agent,  he  shall  forfeit  and  pay  to  the  said  rail- 
road company,  in  addition  to  the  penalty  herein  pre- 
scribed, the  actual  damages  that  such  company  may  sus- 
tain by  the  said  failure  of  the  applicant  to  use  said  cars. 

To  deliver  loaded  cars  in  reasonable  time.  Art.  4501. 
When  cars  have  been  supplied  and  loaded,  it  shall  be  the 
duty  of  the  railway  company  to  deliver  the  same  to  the 
party  or  parties  to  whom  they  are  consigned  within  a 
reasonable  time,  and  the  party  or  parties  to  whom  the 
cars  are  consigned  shall  unload  the  same  within  48 
hours  after  delivery  and  notice,  or  forfeit  to  the  railway 
company  the  sum  of  $25  per  day  for  each  car  so  left 
unloaded,  to  be  recovered  in  any  court  of  competent 
jurisdiction. 

Applicant  to  shoio,  what.  Art.  4502.  It  shall  be  neces- 
sary for  the  party  or  parties  bringing  suit  against  any 
railroad  company  under  the  provisions  of  this  law  to 
show  by  evidence  that  he  or  they  had  on  hand  at  the 
time  any  demand  for  cars  was  made  the  amount  of  lum- 
ber, cotton,  wool,  hides  or  other  freight  necessary  to 
load  the  cars  so  ordered;  provided,  that  the  provisions 
of  this  law  shall  not  apply  in  cases  of  strikes  or  other 
public  calamity. 

OTHEM  DUTIES  AND  LIABILITIES  OF  BAILBOAD  COMPANIES. 

(Revised  Statutes.) 
Common  law  shall  govern,  except,  etc.    Art.  319.    The 
duties  and  liabilities  of  carriers  in  this  State  shall  be  the 
same   as   are   prescribed    by   the   common   law,   and    the 


remedies  against  them  shall  be  the  same,  except  where 
otherwise  provided  by  this  title. 

Carriers  cannot  limit  responsibility.  Art.  320.  Rail- 
road companies  and  other  common  carriers  of  goods, 
wares  and  merchandise  for  hire,  within  this  State,  on 
land  or  in  boats  or  vessels  on  the  waters  entirely  within 
the  body  of  this  State,  shall  not  limit  or  restrict  their 
liability,  as  it  exists  at  common  law,  by  any  general  or 
special  notice,  or  by  inserting  exceptions  in  the  bill  of 
lading  or  memorandum  given  upon  the  receipt  of  the  goods 
for  transportation,  or  in  any  other  manner  whatever,  and 
no  special  agreement  made  in  contravention  of  the  fore- 
going provisions   of  this   article   shall  be   valid. 

Trains  regular — Notice.  Art.  4494.  Every  such  corpora- 
tion shall  start  and  run  their  cars  for  the  transportation 
of  passengers  and  property  at  regular  times,  to  be  fixed 
by  public  notice,  and  shall  furnish  sufficient  accommo- 
dations for  the  transportation  of  all  such  passengers  and 
property  as  shall,  within  a  reasonable  time  previous 
thereto,  offer  or  be  offered  for  transportation  at  tte 
place  of  starting  and  at  junctions  of  other  roads  and  at 
sidings  and  stopping  places  established  for  receiving  and 
discharging  way  passengers  and  freights,  and  shall  tak-3, 
transport  and  discharge  such  passengers  and  property 
at,  from  and  to  such  places,  on  the  due  payment  of  tte 
tolls,  freight  or  fare  legally  authorized  therefor.  Failuie 
on  the  part  of  the  railroad  companies  to  comply  with 
the  requirements  of  this  article  shall  be  deemed  an 
abuse  of  their  rights  and  privileges  and  subject  to  regu- 
lation and  correction  by  the  railroad  commission. 

Train  dispatcher,   his   duties.     Art.   4494a.     And   eveiy 
such   railroad   corporation   operating  trains   in    this    State  , 
shall  employ  a  competent  train  dispatcher,  whose  duty    t  , 
shall  be  to  keep  informed  of  the  movement  of  all  traits   ■ 
upon  the  lines  of  such  railroad  corporation.     Said  trail 
dispatcher   shall  also  keep   all  agents  at   stations   having 
telegraph  offices  in  or  near  them  informed   of  the  mov  - 
ment    of   all    passenger   trains,    30    minutes    prior    to    tb  e 
time  such  passenger  train  or  trains  are  due,  according  to 
the   published    schedules   at   such    stations.     And    if   sue  i 
train   dispatcher  fails  or  refuses  to   furnish   the   inform;  - 
tion    concerning    the    movement    of    trains    to    agents,    £  s 
required   herein,   he  shall   be   deemed   guilty  of  a   misd  - 
meanor  and  be  punished  as  may  be  provided  by  law. 

Refusal  to  transport.  Art.  4496.  In  case  of  the  refus;  1 
by  such  corporation  or  their  agents  so  to  take  and  tran  - 
port  any  passenger  or  property,  or  to  deliver  the  sam  , 
or  either  of  them,  at  the  regular  appointed  time,  sue  i 
corporation  shall  pay  to  the  party  aggrieved  all  damagt  s 
which  shall  be  sustained  thereby,  with  costs  of  suit,  ar  i 
in  the  case  of  transportation  of  property  shall  in  addi- 
tion pay  to  such  party  special  damages  at  the  rate  of  5 
per  cent  per  month  upon  the  value  of  the  same  at  tt  e 
time  of  shipment,  for  the  negligent  detention  thereof  b  ;- 
yond  the  time  reasonably  necessary  for  its  transport  i- 
tion;  provided,  that  in  all  suits  against  such  corporaticn 
under  this  law  the  burden  of  proof  shall  be  on  sucti 
corporation   to   show  that  the  delay  was   not  negligent. 

Penalty  for  refusal  to  exhibit  books,  etc.  Art.  1007 1. 
(Part  of  §10  of  Act  of  1891  creating  the  railroad  con- 
mission.)  Any  olHcer,  agent  or  employe  of  any  railroj  d 
company  who  shall,  upon  proper  demand,  fail  or  refui  e 
to  exhibit  to  the  commissioners,  or  either  of  them,  cr 
any  person  authorized  to  investigate  the  same,  any  hoc  k 
or  paper  of  such  railroad  company  which  is  in  tl  e 
possession  or  under  the  control  of  such  officer,  agent  nr 
employe,  shall  be  deemed  guilty  of  a  misdemeanor,  an  J, 
upon  conviction  in  any  court  having  jurisdiction  therecf.j 
shall  be  fined  for  each  offense  a  sum  not  less  than  $j  " 
and  not  to  exceed  $500. 

Penalty  for  false  billing,  etc.  Art.  1009.  (Section  '? 
of  Act  of  1891  creating  the  railroad  commission.)  Aiiy 
officer  or  agent  of  any  railroad  subject  to  this  law,  who, 
by  means  of  false  billing,  false  classification,  false  weigit 
or  by  any  other  device,  shall  suffer  or  permit  any  person 
or  persons  to  obtain  transportation  for  property  at  less 
than  the  regular  rates  then  in  force  on  such  railroad, 
or  who,  by  means  of  false  billing,  false  classification, 
false  weighing  or  by  any  device  whatever,  shall  charge 
any  person,  firm  or  corporation  more  for  the  transporta- 
tion of  property  than  the  regular  rates,  shall  be  guilty 
of  a  misdemeanor,  and,  on  conviction  thereof,  fined  in 
a  sum  not  less  than  $100  nor  more  than  $1,000. 


rec  f , . 


Public  Service  Laws 


1285 


SIDINGS   AND   SPURS. 

Be  it  enacted  iy  the  legislature  of  the  State  of  Texas: 

To  build  xchen  ordered  by  commission.  §  1.  That  all 
railroads  in  Texas  shall  be  required  to  build  sidings  and 
spur  tracks  sufficient  to  handle  the  business  tendered 
such  railroads  when  ordered  to  do  so  by  the  railroad* 
commission,    as    hereinafter    provided. 

Power  of  commission.  §  2.  Power  Is  conferred  on  the 
railroad  commission  of  Texas  to  require  compliance  by 
railroad  companies  with  the  provisions  of  §  1  of  this 
Act,  under  such  regulations  as  said  commission  may  deem 
reasonable,  and  all  railroad  companies  shall  be  subject  to 
the  penalties  prescribed  by  law  for  failure  to  comply  with 
the  requirements  of  the  railroad  commission  as  provided 
herein. 

Approved  March  27,  1903. 

RAILWAY    CROSSINGS    AND    INTERLOt'KERS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Commission  to  define  mode,  etc.  §  1.  That  where  it 
should  become  necessary  for  the  track  of  one  railroad 
company  to  cross  the  track  of  another  railroad  company, 
it  shall  be  the  duty  of  the  railroad  coinmission  of  the 
State  of  Texas  to  ascertain  and  define  by  its  decree  the 
mode  of  such  crossings  which  will  occasion  the  least 
probable  injury  upon  the  rights  of  the  company  owning 
the  road  which  is  intended  to  be  crossed;  and,  if  it 
should  appear  to  the  said  commission  that  it  is  reason- 
able and  practicable  to  avoid  a  grade  crossing,  said  com- 
mission shall  by  its  order  prevent  the  same. 

Crossings  protected,  interlocking,  etc.  §  2.  That  in  any 
case  where  the  tracks  of  two  or  more  railways  cross 
each  other  at  a  common  grade  in  this  State,  it  shall  be 
the  duty  of  such  railroad  company  to  protect  such  cross- 
ings by  interlocking  or  other  safety  devices,  under  regu- 
lations to  be  designated  by  the  railroad  commission  of 
Texas,  to  prevent  trains  colliding  at  such  crossings;  pro- 
vided, that  all  railway  companies  in  this  State  shall  have 
one  year  after  the.  passage  of  this  bill  in  which  to  comply 
with  the  provisions  hereof. 

Crossings.  §  3.  In  case  any  railway  company  shall 
hereafter  seek  to  cross  at  grade  with  its  track  or  tracks 
the  track  or  tracks  of  another  railroad,  the  railroad  seek- 
ing to  cross  at  grade  shall  be  compelled  to  interlock  or 
protect  such  crossings  by  safety  devices  to  be  designated 
by  the  railroad  commission  and  to  pay  all  costs  of  appli- 
ances, together  with  the  expense  of  putting  them  in; 
provided,  that  this  Act  shall  not  apply  to  crossings  of 
sidetracks. 

Pass  over  crossings  without  stopping.  §  4.  Whenever 
interlocking  or  other  safety  devices  are  constructed  and 
maintained  in  good  order  to  the  satisfaction  of  the  rail- 
road commission,  in  compliance  with  §S  2  and  3  of  this 
Act,  then  and  in  that  case  it  shall  be  lawful  for  the 
engines  and  trains  of  such  railroad  or  railroads  to  pass 
over  such  crossings  without  stopping. 

Penalty.  §  5.  Any  company,  corporation,  receiver  or 
person  operating  any  railroad  who  shall  refuse  or  neglect 
to  comply  with  any  order  made  by  the  said  railroad  com- 
mission, in  pursuance  with  the  terms  of  this  Act,  shall 
forfeit  and  pay  to  the  State  of  Texas  a  penal  sum  of 
$500  per  week  for  each  week  of  such  refusal  and  neglect, 
which  said  sum  may  be  recovered  in  suit  or  suits  to  be 
brought  by  the  attorney-general  of  the  State  of  Texas 
in  the  name  of  the  State  of  Texas  upon  duly  verified 
information  of  such  refusal  and  neglect  by  any  such 
railway  company  being  lodged  with  said  attorney-general 
by   the   said   railroad   commission. 

Approved  April  15,  1901. 

REBATES  AND  UNJUST  DISCRIMINATIONS  BY  RAIL- 
ROAD  COMPANIES  AND   RECEIVERS. 
(Texas  Laws,  1899,  p.  203.) 

Rebates,  etc.,  unjust  discrimination.  §  1.  That  if  any 
officer,  agent,  clerk,  servant  or  employe,  or  any  receiver, 
or  his  servant,  agent  or  employe,  of  any  railroad  company 
in  this  State  shall,  directly  or  indirectly,  or  by  any 
special  rate,  rebate,  drawback  or  other  device  for  and  on 
behalf  of  such  railroad  company,  knowingly  charge,  de- 
mand, contract  for,  collect  or  receive  from  any  person, 
firm  or  corporation   a  greater  or   less   compensation   for 


any  service  rendered  or  to  be  rendered  by  any  such  rail- 
road company  in  this  State  than  such  railroad  company, 
or  its  said  officers,  agents,  clerks,  servants  or  employes, 
or  receiver  thereof,  charges,  demands,  contracts  for,  col- 
lects or  receives  from  any  such  person,  firm  or  corpora- 
tion for  doing  a  like  and  contemporaneous  service;  or, 
if  any  officer,  agent,  clerk,  servant  or  employe  or  re- 
ceiver, or  his  agents,  servants  or  employes,  of  any  rail- 
road company  in  this  State,  who  shall  for  and  on  behalf 
of  such  railroad  company  make  or  give  any  undue  or 
unreasonable  preference  or  any  advantage  to  any  par- 
ticular person,  company,  firm,  corporation  or  locality,  as 
to  any  service  rendered  or  to  be  rendered  or  performed 
by  such  railroad  company,  or  to  subject  any  particular 
description  of  traffic  on  such  railroad  company  to  any 
undue  or  unreasonable  prejudice,  delay  or  disadvantage 
in  any  respect  whatever,  such  officer,  clerk,  servant  or 
employe,  or  receiver,  his  agents,  servants  or  employes, 
of  such  railroad  company,  shall  be  deemed  guilty  of  un- 
just discrimination  within  the  meaning  of  this  Act,  and, 
on  conviction  thereof,  shall  be  punished  by  confinement 
in  the  State  penitentiary  for  not  less  than  two  nor  more 
than  five  years. 

Free  or  reduced  rates  can  be  given  to.  §  2.  Nothing 
herein  shall  prevent  the  carriage,  storage  or  handling  by 
railroad  companies  in  this  State,  or  by  their  agents,  offi- 
cers, clerks,  servants  and  employes,  of  freight  free,  or  at 
reduced  rates,  for  the  State,  or  for  any  city  or  county  or 
town  government,  or  for  charitable  purposes,  or  to  and 
from  fairs  and  expositions  for  exhibition  thereof,  or  the 
free  carriage  of  destitute  and  indigent  persons,  or  the 
issuance  of  mileage  or  excursion  passenger  tickets;  nor 
to  prevent  railroads  from  giving  free  transportation  to 
ministers  of  religion  or  free  transportation  to  the  inmates 
of  hospitals,  eleemosynary  and  charitable  institutions, 
and  to  the  employes  of  the  agricultural  and  geological 
departments  of  the  State,  or  to  the  peace  officers  of  this 
State;  and  nothing  herein  shall  be  construed  to  prevent 
railroads,  their  agents  and  employes  and  officers  from 
giving  free  transportation  to  any  railroad  officers,  agents, 
employes,  attorneys,  stockholders  or  directors,  or  to  the 
railroad  commissioners,  their  secretaries,  clerks  and  em- 
ployes, or  to  any  other  officer  or  person  not  prohibited 
iDy   law. 

Duty  of  county  or  district  officers.  §  3.  Any  court,  offi- 
cer or  tribunal  having  jurisdiction  of  the  offense  men- 
tioned in  this  Act,  or  any  district  or  county  attorney, 
may  subpoena  persons  and  compel  their  attendance  as 
witnesses  to  testify  as  to  the  violations  of  this  Act;  and 
any  person  so  summoned  and  examined  shall  not  be 
liable  to  prosecution  for  any  violation  of  this  Act  about 
which  he  may  testify,  and  for  any  offense  by  reason  of 
violations  of  this  Act;  a  conviction  may  be  had  upon  the 
unsupported  evidence   of   an   accomplice   or   participant. 

Grand  juries.  §  4.  It  shall  be  the  duty  of  every  dis- 
trict judge  in  this  State  in  whose  court  a  grand  jury  shall 
be  empaneled  to  charge  said  grand  jury,  whenever  or- 
gnized.  to  thoroughly  investigate  with  reference  to  viola- 
tions of  this  Act. 

Approved  May  16,  1899.  Took  efflect  90  days  after  ad- 
journment. 

CHAPTER  6.— STOCK  AND  STOCKHOLDERS. 

Railroad  stock  is  personal  estate  and  transferable.  Art. 
4394.  (4138.)  The  stock  of  a  railroad  corporation  shall 
be  deemed  personal  estate,  and  shall  be  transferable  in 
the  manner  prescribed  by  the  by-laws  of  the  corporation; 
but  no  such  transfer  shall  be  valid  until  the  same  shall 
have  been  made  on  the  stock  and  transfer  books  of  the 
company,  nor  shall  any  share  be  transferable  until  all 
previous  calls  thereon  have  been  paid.  (Act  Aug.  15, 
1876,   p.   145,    §  17;    p.  144,   §  10.) 

Directors  may  require  payment  of  stock,  etc.  Art.  4395. 
(4139.)  The  directors  of  such  corporation  may  require 
the  subscribers  to  the  capital  stock  of  the  corporation 
to  pay  the  amount  by  them  respectively  subscribed,  in 
such  manner  and  in  such  installments  as  the  directors 
may  deem  proper.     (lb.,  p.   145,   §  16.) 

Sale  of  stock  when  owner  neglects  to  pay.     Art.  4396. 


1386 


National  Association  of  Railway  Commissioners 


m 


(4140.)  It  any  stockholder  shall  neglect  to  pay  any  in- 
stallment as  required  by  a  resolution  or  order  of  the 
board  of  directors,  the  said  board  shall  be  authorized  to 
advertise  said  stock  for  sale  by  publication  once  a  week 
for  30  days  in  some  newspaper  published  on  the  line  of 
said  road,  if  there  be  one,  and,  if  not,  in  some  newspaper 
published  in  the  State  having  a  general  circulation  in 
the  State,  which  notice  shall  name  the  stock  to  be  sold 
and  the  time  and  place  of  such  sale,  and  all  stock  so 
sold  shall  be  sold  at  the  public  offlce  or  place  of  busi- 
ness of  such  company,  and  between  the  hours  of  10 
o'clock  a.  ni.  and  4  o'clock  p.  m.,  and  to  the  highest 
bidder  for  cash,  the  proceeds  of  such  sale  to  be  credited 
to  the  delinquent  stockholder.   (lb.,  p.  145,  §16.) 

StocKholders  shall  have  access  co  tooks,  etc..  of  corpora- 
tion. Art.  4397.  (4141.)  All  stockholders  shall  at  all  rea- 
sonable hours  have  access  to  and  may  examine  all  books, 
records  and  papers  of  such  corporation.  (lb.,  p.  145. 
S13.) 

Funds  of  corporation  shall  be  used  only  for  legitimate 
purposes.  Art.  4398.  (4142.)  It  shall  not  be  lawful  for 
any  railroad  corporation  to  use  any  of  the  funds  thereof 
in  the  purchase  of  its  own  stock,  or  that  of  any  other 
corporation,  or  to  loan  any  of  its  funds  to  any  director 
or  other  officer  thereof,  or  to  permit  them,  or  any  of 
them,  to  use  the  same  for  other  than  the  legitimate 
purposes  of  the  corporation.     (lb.,  §  17.) 

Extent  of  stockholder's  Uabiliti/  for  debts  of  corporation. 
Art.  4399.  (4143.)  Each  stockholder  of  any  railroad 
corporation  shall  be  held  individually  liable  to  the  credi- 
tors of  such  corporation  to  an  amount  not  exceeding 
the  amount  unpaid  on  the  stock  held  by  him,  for  any 
and  all  debts  and  liabilities  of  such  corporation,  until 
the  whole  amount  of  the  capital  stock  of  such  corpora- 
tion so  held  by  him  shall  have  been  paid.  (lb.,  p.  146, 
§  20.) 

Persons  holding  stock  who  arc  not  liable.  Art.  4400. 
(4144.)  No  person  holding  stock  in  any  railroad  cor- 
poration as  executor,  administrator,  guardian  or  trustee, 
and  no  person  holding  such  stock  as  collateral  security, 
shall  be  personally  subject  to  any  liability  as  a  stock- 
holder of  such  corporation,  but  the  estate  or  person 
owning  such  stock  shall  be  considered  as  holding  the 
same  and  liable  as  a  stockholder  accordingly.     (lb.,  §  19.) 

Capital  stock  may  be  increased.  Art.  4401.  (4145.)  In 
case  the  capital  stock  of  any  railroad  corporation  shall 
be  found  insufficient  for  constructing  and  operating  its 
road,  such  corporation  may,  with  the  concurrence  of  two- 
thirds  in  value  of  all  its  stock,  increase  its  capital 
stock  from  time  to  time  to  any  amount  required  for  the 
purposes   aforesaid.      (lb.,    §  18.) 

Notice  of  meeting  for  such  increase,  elc.  Art.  4402. 
(4146.)  Such  increase  shall  be  sanctioned  by  a  vote  in 
person,  or  by  written  proxy,  of  two-thirds  in  amount  of 
all  the  stock  of  such  corporation,  at  a  meeting  of  such 
stockholders  called  by  the  directors  of  the  corporation 
for  such  purpose,  by  giving  notice  in  writing  to  each 
stockholder,  to  be  served  personally  or  by  depositing 
the  same  in  a  jwstoffice  directed  to  the  postofflce  ad- 
dresses of  each  of  said  stockholders  severally,  postage 
prepaid,  at  least  60  days  prior  to  the  day  appointed  for 
such  meeting,  and  also  by  advertising  the  time,  place 
and  purpose  of  such  meeting  in  some  newspaper  pub- 
lished in  each  county  through  or  into  which  the  said 
road  shall  run  or  be  intended  to  run  (if  any  newspaper 
shall  be  published  therein)  at  least  60  days  next  preced- 
ing the  day  appointed   for  such   meeting.      (lb.) 

Notice  shall  state  what.  Art.  4403.  (4147.)  Such  no- 
tice shall  state  the  time  and  place  of  the  meeting,  the 
object  thereof,  and  the  amount  to  which  It  is  proposed 
to   increase   such    capital   stock.      (lb.) 

Increase  may  be  not  exceeding  amount  named  in  notice. 
Art.  4404.  (4148.)  At  such  meeting  the  capital  stock 
of  the  coriwration  may  be  so  increased  by  a  vote  of 
two-thirds  in  amount  of  the  capital  stock  of  the  corpora- 
tion to  an  amount  not  exceeding  the  amount  mentioned 
in  the  notice  so  given.     (lb.) 

Order  or  resolution  increasing  shall  be  recorded.  Art. 
4405.  (4149.)  Every  order  or  resolution  increasing  the 
capital  stock  of  any  such  corporation  shall  be  recorded  in 
the   offlce   of   the    secretary   of   State,    and    such   Increase 


shall  not  take  effect  until  such  order  or  resolution  has 
been  so  recorded.     (lb.) 

President  and  directors  shall  furnish  statement  to 
stockholders  at  regular  meeting.  Art.  4406.  (4150.)  At 
the  regular  annual  meeting  of  the  stockholders  it  shall 
•be  the  duty  of  the  president  and  directors  to  exhibit  a 
full,  distinct  and  accurate  statement  of  the  affairs  of 
the  corporation  to  the  stockholders.     (lb.,  p.  145,  §  13.) 

May  be  required  to  furnish  statement  at  special  meeting. 
Art.  4407.  (4151.)  The  stockholders  may,  at  any  special 
meeting  of  stockholders,  require  statements  similar  to 
the  one  required  by  the  preceding  article  from  the  presi- 
dent and  directors,  and,  when  so  required,  it  shall  be 
the  duty  of  such  president  and  directors  to  furnish  the 
same.      (lb.) 

Stockholders  may  fix  amount  of  loans  and  intere.it 
thereon.  Art.  4408.  (4152.)  At  a  regular  annual  meet- 
ing of  stockholders,  or  at  a  special  meeting  called  for 
the  purpose,  the  stockholders  may,  by  a  majority  in 
value  of  all  the  stooM-  of  such  corporation,  determlr.e 
the  amount  of  loans  which  may  be  negotiated  by  such 
company  for  the  construction  of  its  railway  and  is 
equipment,  and  fix  the  rate  of  interest  which  may  le 
paid,  and  provide  for  the  security  of  such  loans.     (lb.) 

Stockholders  may  remove  officers  and  elect  others.  Art. 
4409.  (4153.)  The  stockholders  may,  by  a  two-thirds 
vote  in  value  of  all  the  stock,  at  any  regular  or  speci.il 
meeting  of  stockholders,  remove  the  president  or  ary 
director,  or  other  officer  of  such  corporation,  and  elect 
others  instead  of  those  so- removed,  in  accordance  with 
the  by-laws  of  such  corporations  and  this  title.     (lb.) 


^i 


LIMIT.VTIONS    ON   ISSUANCE   OF   STOCKS    .\ND   liONDR    I!Y    CORPI 
TIONS. 

No  stock  shall  be  issued,  except.  Art.  4410.  No  railrosd 
corporation  shall  issue  any  stock  or  bonds  except  f(  r 
money,  labor  or  property  actually  received  an^  applit  d 
to  the  purpose  for  which  such  corporation  was  orga:  i- 
ized;  nor  shall  it  issue  any  shares  of  stock  in  said  cori- 
pany  except  at  its  par  value  and  to  actual  subscribe)  s 
who  pay  or  become  liable  to  pay  the  par  value  thereof 

Fictitious  dividends,  etc..  void.    Art.  4411.     (4155.)     A  1 
fictitious    dividends    and    other    fictitious    increase    of   tl  e , 
capital    stock    or    Indebtedness    of    any    such    corporatk 
shall   be   void.      (lb.)  1 

Penalty  for  violation  of  two  preceding  articles.  Ai  Q 
4412.  (4155.)  Every  officer  or  director  of  a  railrot  d  I 
company  who  shall  violate  or  consent  to  the  violation  <  if  j 
either  of  the  two  preceding  articles  shall  become  per 
sonally  liable  to  the  stockholders  and  creditors  of  su<  hJ 
company  for  the  full  par  value  of  such  illegal  stock,  <tj 
for  the  full  amount  of  such  fictitious  dividends,  increfl 
of  stock  or  indebtedness,  as  the  case  may  be.  (P.  ] 
4921.) 

EMERGENCY    RATES. 

(^Act  of  April  5,  1897,  as  amended  by  Act  of  .lune  5,  181 
Poxver  to  make  emergency  rates.     Art.  4581a.     That 
addition    to    the    powers    conferred    on    the    railroad    coia- 
mission   of  Texas,   by   Articles   4563   and   4567,   of  the  i 
vised   statutes   of  this   State,   said   commission   shall   ba- 
the   power,    when    deemed    by    it    necessary,    to    preve  x 
interstate    rate    wars    and    injury    to    the    business   or   1 
terests    of   the    people,   or   railroads    of    the    State,    or 
case    of   any   other   emergency,   to    be   judged   of   by   tin  _ 
commission,    it    shall    be    its    duty    to    temporarily    alt«  r," 
amend    or    suspend    any    existing    freight    rates,    tarits, 
schedules,  orders  and  circulars  on  any  railroad  or  part 
railroad  in  this  State,  and  to  fix  freight  rates  where  ni 
exist.     (§  1.) 

Art.   4581b.     That   said   emergency   rates,   so   made 
the   commission,-  shall   apply   on  any   one   or   more  of 
the  railroads   in  this   State,   or  part  of  railroads,  as 
be  directed  by  the  commission.     (§2.) 

Art.  4581c.     That  said  rates,  so  made,  shall  take  efff 
at  such  time,  and  remain  in  force  for  such  length  of  tiioi 
as   may   be   prescribed  by   the   commission.      (§  3.) 


ACT   OF   1907. 


Be  it  enacted  by  the  legislature  of  the  State  of  Texas:' 
Emergency  freight  and  passenger  rates.     S  1.     That 
addition  to  all  other  powers  conferred  by  law  upon  the 


i 


Public  Service  Laws 


1287 


railroad  commission  of  Texas,  said  commission  shall 
have  the  power  to  make  temporary  freight  and  passenger 
tariffs,  to  take  immediate  effect  or  at  such  times  as 
shall  be  fixed  by  said  commission,  whenever  an  emer- 
gency arises  the  sufficiency  of  which  shall  be  judged  of 
by  said  commission,  in  order  that  justice  may  be  done 
or  injury  prevented  to  any  person,  place  or  locality; 
and  said  commission  shall  have  the  power  at  onoe  to 
suspend  temporarily  any  existing  freight  or  passenger 
tariff  and  to  establish  freight  and  passenger  tariffs,  rules 
and  regulations  for  temporary  use  to  have  immediate 
effect   where   none    exists. 

In  effect  forthwith.  §  2.  The  near  approach  of  the  end 
of  the  session  and  the  demand  for  immediate  legislation 
on  this  subject  constitutes  an  imperative  public  neces- 
sity that  the  constitutional  rule  requiring  bills  to  be 
read  in  each  house  of  the  legislature  on  three  several 
days  be  suspended  and  that  this  Act  take  effect  from 
and  after  its   passage,  and   it   is   so   enacted. 

Approved  April  16,  1907. 

CHAPTER  9.— OTHER  RIGHTS  OF  RAILROAD  CORPO- 
RATIONS. 

Shall  have  succession,  etc.  Art.  4476.  (4209.)  All  rail- 
road corporations  shall  have  succession,  and  in  their 
corporate  name  may  sue  and  be  sued,  plead  and  be 
Impleaded.  (Act  Aug.  15,  1876,  p.  142,  §  4.) 

May  have  a  seal.  Art.  4477.  (4210.)  Any  such  corpora- 
tion may  have  and  use  a  seal,  which  it  may  alter  at 
pleasure.     (lb.) 

Shall  have  the  right  to  receive  and  hold  grants,  etc. 
Art.  4479.  (4212.)  Such  corporation  shall  have  the 
right  to  take,  hold  and  use  voluntary  grants  of  real 
estate  and  other  property  as  shall  be  made  to  it  in  aid 
of  the  construction  and  use  of  its  railway,  and  to  con- 
vey the  same,  when  no  longer  required  for  the  uses  of 
such  railway,  in  any  manner  not  incompatible  with  the 
terms  of  the  original  grant.     (lb.) 

Shall  alienate  lands,  except,  etc.;  forfeiture.  Art.  4480. 
(4213,  4277.)  All  lands  acquired  by  railroad  companies 
under  the  provisions  of  this  chapter  or  any  general 
laws  shall  be  alienated  by  said  companies,  one-half  in 
six  years  and  one-half  in  12  years  from  the  issuance 
of  patents  to  the  same,  and  all  lands  so  acquired  by 
railroad  companies,  and  not  alienated  as  herein  required, 
shall  be  forfeited  to  the  State  and  become  a  part  of  the 
public  domain  and  liable  to  location  and  survey  as  other 
unappropriated  lands.  All  lands  purchased  by  or  do- 
nated to  a  railroad  corporation,  except  such  as  are 
needed  for  depot  purposes,  reservations  for  the  estab- 
lishment of  machine  shops,  turnouts  and  switches,  shall 
be  alienated  and  disposed  of  by  said  company  in  the 
same  manner  and  time  as  is  required  when  lands  have 
been  received  from  the  State.  (lb.;  Amend.,  1895, 
Sen.  Jour.,  No.  84,  p.   482.) 

Preceding  articles  to  apply  to  all  companies.  Art.  4481. 
(4214.)  The  three  preceding  articles  shall  apply  -to 
such  corporations  as  are  prohibited  by  their  acts  of  in- 
corporation from  purchasing  or  receiving  donations  of 
land,  as  well  as  to  those  corporations  that  are  not  so 
prohibited.     (lb.,  p.  143,  §  6.) 

Right  to  convey  persons  and  property.  Art.  4482. 
(4215.)  Such  corporation  shall  have  the  rightt  to  receive 
and  convey  persons  and  property  on  its  railway  by  the 
power  and  force  of  steam  or  by  any  meohanical  power, 
(lb.,   p.   147,   §23.) 

Right  to  erect  and  maintain  buildings,  etc.  Art.  4483. 
(4216.)  Such  corporation  shall  have  the  right  to  erect 
and  maintain  all  necessary  and  convenient  buildings  and 
stations,  fixtures  and  machinery  for  the  accommodation 
and  use  of  passengers,  freights  and  business  interests, 
or  which  may  be  necessary  for  the  construction  or  opera- 
tion of  its  railway;  but  no  railway  company  shall  have 
the  power,  either  by  its  own  employes  or  other  persons, 
to  construct  any  buildings  along  the  line  of  their  rail- 
road to  be  occupied  by  their  employes  or  others,  except 
at  their  respective  depot  stations  and  section  houses, 
and  at  such  buildings  as  may  be  necessary  for  the 
transaction  of  their  legitimate  business  operations,  and 
for  shelter  for  their  employes,  nor  shall  they  use,  occupy 
or    cultivate    any    part    of   the    right   of    way    over    which 


their  respective  roads  may  pass,  with  the  exception 
aforesaid,  for  any  other  purpose  than  the  construction 
and  keeping  in  repair  their  respective  railways.     (lb.) 

Right  to  regulate  time,  etc.,  of  transportation.  Art.  4484. 
(4217.)  Such  corporation  shall  have  the  right  to  regu- 
late the  time  and  manner  in  which  passengers  and 
property  shall  be  transported,  and  the  compensation  to 
be  paid  therefor,  subject  nevertheless  to  the  provisions 
of  this  or  any  other  law  that  may  hereafter  be  enacted, 
(lb.) 

Note. — Article  4485  (4218)  omitted,  as  repealed  by 
the  report  of  the  joint  committee  on  amendments  to  the 
Revised  Civil  Code,  No.  85;  Sen.  Jour.,  1895,  p.  483.— 
Codifiers  of  1895. 

Right  to  borrow  money,  issue  bonds,  etc.  Art.  4486. 
(4219.)  Such  corporation  shall  have  the  right,  from 
time  to  time,  to  borrow  such  sums  of  money  as  may  be 
necessary  for  constructing,  completing,  improving  or 
operating  its  railway,  and  to  issue  and  dispose  of  its 
bonds  for  any  amount  so  borrowed,  and  to  mortgage  its 
corporate  property  and  franchise  to  secure  the  payment 
of  any  debt  contracted  by  such  corporation  for  the  pur- 
poses  aforesaid.      (lb.,   p.   147,   §  23.) 

Mortgages  invalid,  unless.  Art.  4487.  No  mortgage  by 
such  corporation  shall  be  valid  unless  authorized  by  a 
resolution  adopted  by  a  vote  of  two-thirds  of  all  the 
stock  of  such  company,  after  notice  in  a  manner  provided 
In  this  title  for  increasing  the  capital  stock  of  such 
corporations. 

Resolution  to  be  recorded.  Art.  4488.  When  any  such 
resolution  has  been  adopted  in  the  manner  provided  in 
the  preceding  article,  it  shall  be  recorded  in  the  office 
of  the  secretary  of  State,  and  no  such  resolution  shall 
take  effect  until  so  recorded. 

Directors  may  pay  bonds  with  stock.  Art.  4489.  (4222.) 
The  directors  shall  be  empowered,  in  pursuance  of  any 
such  resolution,  to  confer  on  any  holder  of  any  bond  for 
money  so  borrowed,  as  aforesaid,  the  right  to  convert 
the  principal  of  such  bond  into  the  stock  of  such  cor- 
poration at  any  time  not  exceeding  10  years  after  the 
date  of  such  bond,  under  such  regulations  as  may  be 
provided  in  the  by-laws  of  such  corporation.     (lb.) 

When  terminus  on  coast  is  destroyed.  Art.  4490.  Any 
railway  company  in  the  State  of  Texas  having  a  terminus 
on  the  coast,  the  said  terminus  being  a  county  site,  and 
the  same  being  destroyed  by  storms  and  cyclones,  and 
when  said  county  site  has  been  removed  back  from 
the  coast  near  the  line  of  said  railway,  it  shall  be  lawful 
for  said  railway  company  to  remove  and  take  up  its 
track  from  its  original  terminus  on  the  coast  to  a  point 
opposite  6r  near  said  new  county  site;  provided,  said 
railway  company  make  its  terminus  at,  and  build  its 
road  to,  said  new  county  site..    (Acts  1887,  p.  6.) 

CHAPTER    10.— RESTRICTIONS    UPON,    DUTIES    AND 
LIABILITIES  OF  RAILROAD   CORPORATIONS. 

Road  shall  pass  through  county  seat,  when.  Art.  4491. 
(4223.)  No  railroad  hereafter  constructed  in  this  State 
shall  pass  within  a  distance  of  3  miles  of  any  county 
seat  without  passing  through  the  same,  and  establishing 
and  maintaining  a  depot  therein,  unless  prevented  by 
natural  obstacles,  such  as  streams,  hills  or  mountains; 
provided,  such  town  or  its  citizens  shall  grant  the  right 
of  way  through  its  limits  and  sufficient  ground  for  or- 
dinary depot  purposes.     (Const.,  Art.  10,  §  9.) 

Shall  survey  25  miles  of  road,  locate  depot,  etc.  Art. 
4492.  (4224.)  Every  railroad  company  organized  under 
this  title  shall  make  an  actual  survey  of  its  route  or 
line  for  a  distance  of  25  miles  on  its  projected  route, 
and  shall  designate  the  depot  grounds  along  said  first 
25  miles  before  the  roadbed  is  begun,  and  no  railroad 
company  shall  change  its  route  or  depot  grounds  after 
the  same  have  been  so  designated.  (Act  Aug.  15,  1876, 
P.  142,   §5.) 

Subsequent  survey  of  each  25  miles  of  road.  Art.  4493. 
(4225.)  Every  railroad  company  organized  under  this 
title  shall,  on  the  completion  of  the  first  25  miles  of 
its  roadbed,  make  a  survey  of  the  next  25  miles,  and 
of  each  subsequent  25  miles  as  the  preceding  25  miles 
shall  be  completed,  and  every  subsequent  25  miles  shall 


1288 


National  Association  of  Railway  Commissioners 


be  controlled  by  the  provisions  applicable  to  the  first  25 
miles  of  the  road.     (lb.) 

Trains  to  6e  regular,  and  notice  to  be  given.  Art.  4494. 
(4226.)  Every  such  corporation  shall  start  and  run  their 
cars  for  the  transportation  of  passengers  and  property 
at  regular  times  (  to  be  fixed  by  public  notice,  and  shall 
furnish  suflicient  accommodations  for  the  transportation 
of  all  such  passengers  and  property  as  shall,  within  a  rea- 
sonable time  previous  thereto,  offer  or  be  offered  for  trans- 
portation at  the  place  of  starting,  and  at  the  junction  of 
other  railroads,  and  at  sidings  and  stopping  places 
established  for  receiving  and  discharging  way  passengers 
and  freights,  and  shall  take,  transport  and  discharge 
such  passengers  and  property  at,  from  and  to  such  places 
on  the  due  payment  of  the  tolls,  freight  or  fare  legally 
authorized  therefor.     (P.  D.  4893.) 

Note. — Article  4495  omitted,  as  repealed  by  the  report 
of  the  joint  committee  on  amendments  to  the  Revised 
Civil  Code,  No.  87;  Sen.  Jour.,  1895,  p.  483.— Codiflers 
of   1895. 

Refused  'to  transport  passenger  or  property.  Art.  4496. 
(4227.)  In  case  of  the  refusal  by  such  corporation  or  their 
agents  so  to  take  and  transport  any  passenger  or  prop- 
erty, or  to  deliver  the  same,  or  either  ot  them,  at  the 
regular(ly)  appointed  time,  such  corporation  shall  pay 
to  the  party  aggrieved  all  damages  which  shall  be  sus- 
tained thereby,  with  costs  of  suit,  and  in  case  of  the 
transportation  of  property  shall  in  addition  pay  to  such 
party  special  damages  at  the  rate  of  5  per  cent  per 
month  upon  the  value  of  the  same  at  the  time  of  ship- 
ment, for  the  negligent  detention  thereof  beyond  the 
time  reasonably  necessary  for  its  transportation;  pro- 
vided, that  in  all  suits  against  such  corporation  under 
this  law  the  burden  of  proof  shall  be  on  such  corpora- 
tions to  show  that  the  delay  was  not  negligent.  (Acts 
1887,    p.    116.) 

CHAPTER  12a. 

HOW  AND  BY  WHOM  TICKETS   MAY  BE   SOLD. 

(II  Sayles'  Texas  Civil  Statutes,  1897.) 

Authorized  agents  for  the  sale  of  tickets.  Art.  4560a. 
It.  shall  be  the  duty  of  all  railroad  companies  doing 
business  in  this  State,  or  the  receiver  of  any  such 
railroad  company,  through  their  duly  authorized  olRcers, 
to  provide  each  agent  who  may  be  authorized  to  sell 
tickets  or  other  evidences  entitling  the  holder  to  travel 
upon  any  such  railroad,  with  a  certificate  setting  forth  the 
authority  of  such  agent  to  make  such  sale.  Such  cer- 
tificate shall  be  duly  attested  by  the  corporate  seal  of 
such  railroad  company,  or  the  signature  of  the  receiver, 
if  any  there  be,  of  such  railroad  company,  or  by  the 
signature  of  the  officer  whose  name  is  signed  upon  the 
tickets  or  coupons  which  such  agent  may  be  authorized 
to   sell.      (Acts   1893,   p.   97,   §  1.) 

Unlawful  for  another  than  agent  to  sell,  etc.  Art. 
4560b.  It  shall  not  be  lawful  for  any  person  not  pos- 
sessed of  such  authority  to  sell,  barter  or  transfer, 
for  any  consideration  whatever,  the  whole  or  any  part  of 
any  ticket  or  tickets,  passes  or  other  evidences  of  the 
holder's  right  to  travel  on  any  railroad  within  this 
State.      (lb.,    §2.) 

Agents  shall  exhibit  authority,  etc. — Post  bulletin — 
Waiting  rooms  heated,  etc.  Art.  4560c.  It  shall  be  the 
duty  of  every  agent,  who  shall  be  authorized  to  sell 
tickets  or  parts  of  tickets  or  other  evidence  of  the 
holder's  right  to  travel  over  any  railroad  within  this 
State,  upon  demand,  to  exhibit  to  any  person  desiring 
to  purchase  a  ticket,  or  to  any  officer  of  the  law  who 
may  request  it,  the  certificate  of  his  authority  to  sell, 
and  to  keep  said  certificate  posted  in  a  conspicuous  place 
In  his  ofl[lce  for  the  information  of  travelers.  It  shall 
also  be  the  duty  of  every  such  railway  agent,  at  sta- 
tions having  telegraph  communications  with  the  train 
dispatcher  of  the  road,  to  ascertain  30  minutes  before 
the  schedule  time  of  the  arrival  of  passenger  trains,  if 
such  train  is  on  time,  and  if  on  time  to  bulletin  that 
fact  on  a  board,  provided  by  the  company  and  placed 
In  some  conspicuous  place  at  the  station.  And  if  the 
train  is  late  he  shall  bulletin  how  late,  and  from  what 
cause  the  delay  is  due.  If  later  than  30  minutes,  said 
agent  shall  thereafter  ascertain  the  latest  news  from 
Buch  train  dispatcher  or  some  other  reliable  source  every 


30  minutes,  and  bulletin  such  information,  and  the  time 
of  the  probable  arrival  of  such  train.  It  shall  also  be 
the  duty  ot  such  agent  to  keep  waiting  rooms  provided 
by  the  company  for  passengers,  lighted  and  heated  in 
accordance  with  the  law  of  this  State.  If  any  such 
depot  agent  shall  fail  or  refuse  to  perform  the  duties 
required  of  him  by  this  article,  he  shaH  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished   as   may   be   provided   by   law. 

Duty  of  company  to  provide  for  redemption  of  unused 
tickets,  etc.;  penalty.  Art.  4560d.  It  shall  be  the  duty  of  all 
railroad  companies  in  this  State,  or  the  receiver  or  trustee 
of  any  such  railroad  company,  to  provide  for  the  redemp- 
tion, from  the  holder  thereof,  of  the  whole,  or  any  part 
or  coupons,  of  any  ticket  or  tickets  which  they  or  any 
of  their  duly  authorized  agents  may  have  sold,  if  for 
any  reason  the  holder  has  not  used,  and  does  not  desnre 
to  use  the  same,  upon  the  following  terms:  If  neither 
the  ticket  nor  any  part  thereof  has  been  used  by  the 
holder,  he  shall  be  entitled  to  receive  the  full  amount 
he  paid  therefor,  and  where  the  ticket  has  been  used 
in  part,  the  holder  thereof  shall  be  entitled  to  receive 
the  remainder  of  the  price  paid  for  the  whole  ticket, 
after  deducting  therefrom  the  tariff  rate  between  the 
points  for  which  the  portion  of  said  ticket  was  actually 
used;  provided,  such  tickets  or  parts  thereof  shall  be 
presented  for  redemption  to  the  railroad  company  from 
v/hich  it  has  been  purchased,  or  the  receiver  of  such 
railroad  company,  or  to  any  of  the  duly  authorized  ticket 
agents  of  such  railroad  company,  or  receiver  thereof,  or 
in  case  of  a  through  ticket,  to  any  of  the  authorised 
agents  of  any  connecting  line,  within  a  time  not  ex- 
ceeding 10  days  after  the  right  to  use  said  ticket  las 
expired  by  limitation  of  time,  as  stipulated  therein.  .;  ny 
person  or  persons  who  shall  sell  any  unused  ticket 
otherwise  than  by  presentation  of  the  same  for  redemp- 
tion, as  herein  provided,  shall  be  deemed  guilty  o:  a 
misdemeanor,  and,  upon  conviction,  shall  be  fined  in 
any  sum  not  exceeding  $500;  provided,  that  the  provi- 
sions of  this  chapter  shall  not  apply  to  any  person  hnld- 
Ing  a  ticket  upon  which  is  not  plainly  printed  that  it  is 
a  penal  offense  for  him  or  her  to  sell,  barter  or  trans  tei 
said  ticket  for  a  consideration ;  and  any  railroad  o  m- 
pany,  or  receiver,  or  trustee  of  such  railroad  compaiy, 
over  or  on  which  said  ticket  may  be  used,  which  si  all 
refuse  or  fail  to  redeem  the  whole  or  any  part  oi 
coupon  of  any  ticket  or  tickets,  when  presented,  si  all 
forfeit  to  the  holder  thereof  a  sum  not  less  than  %  lOO 
nor  more  than  $500,  recoverable  in  any  court  of  c  m- 
potent   jurisdiction.      (lb.,    §  5.) 

Duty  of  company  to  print  notice  on  ticket,  etc.  .i.rt 
4560e.  It  shall  be  the  duty  of  the  railway  company  to 
print  conspicuously  across  the  face  of  every  ticket  f  old 
by  its  duly  authorized  agents  in  this  State  a  notice  to  ih« 
holder  thereof  that  it  is  a  penal  offense  for  him  to  fell, 
barter  or  transfer  said  ticket  for  a  consideration,  md 
that  this  ticket  or  any  unused  part  thereof  is  rede  im 
able  by  the  company  or  its  receiver  at  any  ticket  of  lc« 
of  the  company,  when  presented  for  redemption.  (lb., J 


FELLOW    SERVANTS. 


'^1 


Liable  for  injuries  to  servants  and  employes.  Art 
4560f.  Every  person,  receiver  or  corporation  opera  ing 
a  railroad  or  street  railway  the  line  of  which  shall  b< 
situated  in  whole  or  in  part  in  this  State,  shall  be  li;  hU 
for  all  damages  sustained  by  any  servant  or  employ! 
thereof  while  engaged  in  the  work  of  operating  th« 
cars,  locomotives  or  trains  of  such  person,  receiver  oi 
corporation,  by  reason  of  the  negligence  of  any  ohei 
servant  or  employe  of  such  person,  receiver  or  corpjra 
tion,  and  the  fact  that  such  servants  or  employes  v  er< 
fellow-servants  with  each  other  shall  not  impair  oi 
destroy  such  liability.     (Acts  1897,  S.  S.,  p.  14,  §  1.) 

Who  are  vice-principals.  Art.  4560g.  All  persons  en 
gaged  in  the  service  of  any  person,  receiver  or  corrora 
tion,  controlling  or  operating  a  railroad  or  street  rail 
way  the  line  of  which  shall  be  situated  in  wliole  oi 
in  part  in  this  State,  who  are  intrusted  by  such  person 
receiver  or  corporation  with  the  authority  of  supt^rin 
tendence,  control  or  command  of  other  servants  oi 
employes  of  such  person,  receiver  or  corporation,  oi 
with  the  authority  to  direct  any  other  employe  in  th< 
performance  of  any  duty  of  such  employe,  are  *vice-prln 


Public  Service  Laws 


1289 


cipals    of    Buch    person,    receiver   or   corporation,    and   are 
not  fellow-servants  with  their  co-employes.*      (lb.,   §2.) 
•The  Acts  of   1S91  and   1893   read  as  follows: 

All  persons  engaged  In  the  service  of  any  railway 
corporation,  foreign  or  domestic,  doing  business  in  this 
State,  who  are  intrusted  by  such  corporation  with  the 
authority  of  superintendence,  control  or  command  of 
other  persons  in  the  employ  or  service  of  such  corpora- 
tion, or  with  the  authority  to  direct  any  other  employe 
In  the  performance  of  any  duty  of  such  employe,  are 
vice-principals  of  such  corporation,  and  are  not  fellow- 
servants  with  such  employe.     (Acts  1891,  p.  25,  §  1.) 

All  persons  engaged  in  the  service  of  any  railway 
corporation,  foreign  or  domestic,  doing  business  in  this 
State,  or  in  the  service  of  a  receiver,  manager  or  of 
any  person  controlling  or  operating  such  corporation, 
who  are  intrusted  by  such  corporation,  receiver  or  per- 
son in  control  thereof,  with  the  authority  of  superin- 
tendence, control  or  command  of  other  persons  in  the 
employment  of  such  corporation,  or  receiver,  manager 
or  person  in  control  of  such  corporation,  or  with  the 
authority  to  direct  any  other  employe  in  the  performance 
of  the  duty  of  such  employe,  are  vice-principals  of  such 
corporation,  receiver,  manager  or  person  controlling 
the  same,  and  are  not  fellow-servants  of  such  employe. 
(Acts    1893,    p.    120,    §  1.) 

Who  are  fellow-servants.  Art.  4560h.  All  persons  who 
are  engaged  in  the  common  service  of  such  person, 
receiver  or  corporation  controlling  or  operating  a  rail- 
road or  street  railway,  and  who  while  so  employed  are 
In  the  same  grade  of  employment  and  are  doing  the 
same  character  of  work  or  service  and  are  working 
together  at  the  same  time  and  place  and  at  the  same 
piece  of  work  and  to  a  common  purpose,  are  fellow- 
servants  with  each  other.  Employes  who  do  not  come 
within  the  provisions  of  this  article  shall  not  be  con- 
sidered   fellow-servants.*      (lb.,    §  3.) 

♦The   Acts   of   1891   and   1893   read   as   follows: 

All  persons  who  are  engaged  in  the  common  serv- 
ice of  such  railway  corporations  and  who  while  so 
engaged  are  working  together  at  the  same  time  and 
place,  to  a  common  purpose,  of  same  grade,  neither 
of  such  persons  being  intrusted  by  such  corporations 
with  any  superintentendence  or  control  over  their 
fellow-employes,  are  fellow-servants  with  each  other; 
provided,  that  nothing  herein  contained  shall  be  so 
construed  as  to  make  employes  of  such  corporation,  in 
the  service  of  such  corporation,  fellow-servants  with 
other  employes  of  such  corporation,  engaged  in  any 
other  department  or  service  of  such  corporation.  Em- 
ployes who  do  not  come  within  the  provisions  of  this 
section  shall  not  be  considered  fellow-servants.  (Acts 
1891,    p.   25,   §  2.) 

All  persons  who  are  engaged  in  the  common  service 
of  such  railway  corporation,  receiver,  manager  or  per- 
son in  control  thereof,  and  who  while  so  employed  are 
in  the  same  grade  of  employment  and  are  working  to- 
gether at  the  same  time  and  place,  and  to  a  common 
purpose,  neither  of  such  persons  being  intrusted  by 
such  corporation,  receiver,  manager  or  person  in  con- 
trol thereof  with  any  superintendence  or  control  over 
their  fellow-employes,  or  with  the  authority  to  direct 
any  other  employe  in  the  performance  of  any  duty  of 
such  employe,  are  fellow-servants  with  each  other;  pro- 
vided, that  nothing  herein  contained  shall  be  so  con- 
strued as  to  make  employes  of  such  corporation,  receiver, 
manager  or  person  in  control  thereof  fellow-servants 
with  other  employes  engaged  in  any  other  department 
or  service  of  such  corporation,  receiver,  manager  or 
person  in  control  thereof.  Employes  who  do  not  come 
within  the  provisions  of  this  section  shall  not  be  con- 
sidered  fellow-servants.      (Acts   1893,   p.   120,    §  2.) 

Contract  limiting  liability,  void.  Art.  45601.  No  contract 
made  between  the  employer  and  employe  based  upon 
the  contingency  of  death  or  injury  of  the  employe  and 
limiting  the  liability  of  the  employer  under  this  chapter 
or  fixing  damages  to  be  recovered  shall  be  valid  or 
binding.     (lb.,  §4;   1891,  p.  25,  §3;   1893,  p.  120,  §3.) 

Contributory  negligence  a  defense.  Art.  4560j.  Nothing 
In  this  chapter  shall  be  held  to  impair  or  diminish  the 
defense  of  contributory  negligence  when  the  injury  of 
the  servant  or  employe  is  caused  proximately  by  his 
own    contributory    negligence.      (lb.,    §  5.) 


ISSUANCE    OF    STOCKS    AND    BONDS    REGULATED. 

(II  Sayles'  Texas  Civil  Statutes,  1897,  p.  1615.) 
State  vested  with  regulation  of  issue  of  stock  and 
bonds.  Art.  4584a.  Among  other  things,  the  power  and 
authority  of  issuing  or  executing  bonds,  or  other  evi- 
dences of  debt,  and  all  kinds  of  stock,  and  shares  there- 
of, and  the  execution  of  all  liens  and  mortgages,  by 
railroad  corporations  in  this  State,  are  special  privileges 
and  franchises,  the  right  of  supervision,  regulation,  re- 
striction and  control  of  which  has  always  been,  is  now, 
and  shall  continue,  to  be,  vested  in  the  State  govern- 
ment, to  be  exercised  according  to  the  provisions  of  this 
and    other    laws. 

Prohibiting  incumbrance  above  value.  Art.  4584b. 
Hereafter  no  bonds  or  other  indebtedness  shall  be  in- 
creased, or  issued,  or  executed  by  any  authority  what- 
soever, and  secured  by  lien  or  mortgage  on  any  railroad, 
or  part  of  railroad,  or  the  franchises  or  property  appur- 
tenant or  belonging  thereto,  over  or  above  the  reason- 
able value  of  said  railroad  property;  provided,  that  in 
case  of  emergency,  on  conclusive  proof  shown  by  the 
company  to  the  railroad  commission  that  public  inter- 
ests or  the  preservation  of  the  property  demand  it,  the 
said  commission  may  permit  said  bonds,  together  with 
the  stock  In  the  aggregate,  to  be  executed  to  an  amount 
not  more  than  50  per  cent  over  the  value  of  said  prop- 
erty. 

Commission  to  ascertain  and  report  value.  Art.  4584c. 
It  shall  be  the  duty  of  the  railroad  commission  to  ascer- 
tain, and,  in  writing,  report  to  the  secretary  of  State,  the 
value  of  each  railroad  in  this  State,  including  all  its  fran- 
chises, appurtenances  and  property.  After  it  shall  have 
prepared  said  report  of  value,  the  commission  shall  give 
the  company  interested  10  days'  notice,  in  writing,  by 
registered  letter  to  the  president,  treasurer  or  receiver 
of  said  railroad,  to  the  effect  that  said  report  is  ready 
to  be  made,  and  that  if  it  have  any  objections  thereto 
it  must  file  them,  in  writing,  within  40  days  after  said 
service,  or  the  same  will  be  so  deposited  with  the  secretary 
of  State  as  correct.  Should  the  company,  or  its  duly 
authorized  representative,  file  with  said  commission  any 
objections  to  said  report  of  value,  the  commission  shall 
duly  investigate  and  pass  ou  the  same.  On  investiga- 
tion, if  the  commission  conclude  that  its  report  of  value 
is  too  low  or  too  high,  then  it  shall  make  the  neces- 
sary correction  before  filing  it.  Should  no  objections 
be  filed  within  the  time  permitted,  or  being  filed  and 
on  examination  found  without  merit,  the  commission 
shall  forthwith  file  its  said  report  in  the  oflSce  of  the 
secretary  of  State,  where  it  shall  remain  as  a  public 
record,  as  a  limitation  for  the  issuance  of  indebtedness 
under  the  limitations  prescribed  in  article  4584b.  To 
promote  public  interests  and  protect  private  rights,  the 
commission,  after  due  notice  under  the  rule  herein  pre> 
scribed,  may  correct  its  report  of  value  of  any  railroad 
at  any  time   it  may  deem  proper. 

Effect  of  judicial  or  other  sale.  Art.  4584d.  Every  judi- 
cial or  other  sale  of  any  railroad  in  this  State  hereafter 
made  which  shall  have  the  effect  to  discharge  the  prop- 
erty so  sold  from  liability  in  the  hands  of  purchasers 
for  claims  for  damages,  unsecured  debts,  or  junior 
mortgages  against  such  railroad  company  so  sold  out, 
shall  have  the  effect  to  annul  and  cancel  all  claims  of 
every  stockholder  therein  to  any  share  in  the  stock 
of  such  railroad;  and  it  shall  not  be  lawful  for  said 
purchasers  or  for  any  railroad  company  organized  here- 
after to  operate  said  railroad,  to  issue  any  stock  in  lieu 
of  the  old  stock,  or  to  allow  any  compensation  therefor 
In  any  manner  whatever,  nor  shall  all,  or  any  part,  of 
the  debt,  to  satisfy  which  such  sale  is  made,  be  con- 
tinued or  held  as  a  claim  or  Hen  on  said  property. 

Purchasers  complying  with  laws  may  issue  bonds.  Art. 
4584e.  The  purchasers  of  said  property  who  procure  it 
clear  of  incumbrance,  or  any  company  organized  by  their 
consent  to  operate  said  railroad  under'  and  in  pursuance 
of  the  laws  of  this  State,  may  issue  stock  and  bonds  in 
the  proportion  that  they  may  deem  advisable,  subject 
to  the  rules,  restrictions  and  limitations  prescribed  in 
articles   4584b,    4584c    and    4584d. 

Authority  to  issue  bonds  to  be  secured.  Art.  4584f. 
Should  any  company  or  corporation  authorized  to  con- 
struct, own  or  operate  a  railroad  in  this  State  desire  to 


1290 


Natioxal  Association  of  Railway  Commissioners 


Issue  bonds  or  other  indebtedness  to  be  secured  by  lien 
or  other  mortgage  on  its  franchises  and  property,  in 
advance  of  the  completion  of  said  railroad,  it  shall  make 
application  to  and  first  procure  the  consent  of  the  rail- 
road commission  thereto.  In  said  application,  it  shall 
exhibit  to  the  commission  its  contract  with  the  construc- 
tion company,  if  it  have  any;  the  profile  of  its  completed 
road  or  part  of  road,  the  evidence  of  its  right  of  way, 
depot  grounds,  terminal  facilities;  the  extent  and  value 
of  work  done,  or  in  process  of  completion;  the  amount, 
of  property  received;  the  amount  of  stock  subscribed 
and  the  amount  paiu  in;  and  all  other  necessary  facts 
showing  the  value  of  the  franchises  and  property  pro- 
posed as  security  for  said  contemplated  debts.  If,  on 
investigation,  the  commfssion  is  satisfied  that  the  com- 
pany is  acting  in  good  faith,  and  that  its  contract  with 
the  construction  company  is  reasonable  and  fair  to  the 
public,  then  it  shall  authorize  the  execution  of  said 
inuebtedness  and  lien  to  the  extent  necessary  for  the 
demands  of  the  work,  at  no  time  to  be  more  than  50 
per  cent  over  the  value  of  the  whole  property  and  fran- 
chises. In  executing  said  bonds,  the  company  shall 
comply  with  article  4584g,  and  have  them  registered,  as 
required  in  article  4584h. 

How  certificates  of  stock  shall  issue.  Art.  4584g.  Each 
railroad  company  now  existing,  or  that  shall  hereafter  be 
organized,  or  that  shall  be  reorganized,  under  the  laws 
of  this  State,  or  which  shall  increase  its  stock  under  the 
laws  of  this  State,  shall  issue  certificates  to  the  sub- 
scribers to  its  said  stock  under  the  following  regula- 
tions: A  majority  of  the  board  of  directors  shall  meet 
in  person  in  the  State  of  Texas  at  the  principal  office 
of  such  company,  and  shall  cause  to  be  made  a  list  of 
the  subscribers  to  such  stock,  showing  the  number  of 
shares  subscribed  by  each,  the  amount  of  stock  repre- 
sented by  each  share,  and  the  amount  actually  paid, 
labor  done  or  property  received  on  each  share  of  stock, 
and  shall  cause  to  be  affixed  to  each  name  on  said  list 
a  number,  beginning  with  number  1,  or  the  next  highest 
number  of  any  certificate  previously  issued.  The  presi- 
dent of  the  board  or  presiding  oflacer  of  the  meeting  at 
which  the  issuing  of  such  certificates  of  stock  is  author- 
ized, shall  make  a  certificate  to  said  statement  to  the 
effect  that  the  same  is  correct,  and  that  the  amount  of 
money  paid,  labor  done  and  property  received  as  stated 
is  correct,  and  shall  sign  the  same  in  person.  Such 
statement  shall  thereupon  be  entered  at  large  upon  the 
minutes,  and  after  having  the  seal  of  the  company 
affixed  thereto,  shall  be  attested  by  tlie  secretary  of 
the  company  and  deposited  with  the  railroad  commission, 
and  by  it  filed  and  preserved  in  the  office.  The  secre- 
tary of  the  company  shall  then  be  authorized  to  make 
out  and  deliver  to  each  stockholder  in  said  list  a  cer- 
tificate corresponding  with  said  statement  in  number, 
name,  number  of  shares,  amount  of  stock  represented 
by  each  share,  and  the  amount  of  money,  or  its  equiva- 
lent, paid  upon  each  share,  which  certificate  shall  be 
signed  by  the  president  of  the  said  railroad  company, 
attested  by  the  secretary,  with  the  seal  of  said  company 
affixed.  No  railroad  company  shall  hereafter  increase  its 
stock  unless  all  existing  shares  of  stock  shall  have  been 
paid  in  full,  or  all  unpaid  shares  of  such  stock  have  been 
sold  out  as  forfeited  under  the  law.  When  the  certificates 
to  be  issued  are  for  increase  of  stock,  the  statement 
herein  required  to  be  made  by  the  board  of  directors 
shall  state  that  all  existing  shares  of  stock  have  been 
paid  in  full,  or  that  all  shares  not  paid  in  full  have  been 
sold  out  or  forfeited  under  the  law.  In  no  event  shall 
the  stock  exceed  the  value  of  the  railway  property,  and 
the  correct  aggregate  amount  of  stock  so  issued  by 
each  railway  company  shall  be  certified  to  and  registered 
in  the  office  of  the  secretary  of  State  by  or  at  the  in- 
stance  of   the   railroad    commission. 

Prerequisites  to  issue  of  tonds.  Art.  4584h.  Whenever 
any  railroad  company  in  this  State  shall  hereafter  desire 
to  make.  Issue  and  sell  any  bonds  or  evidences  of  debt 
which  are  to  become  a  lien  on  its  property,  it  shall  com- 
ply with  the  laws  of  this  State  regulating  the  same,  and 
In  addition  thereto  shall  have  said  bonds  prepared, 
signed  by  the  president  of  the  company  and  attested  by 
the  secretary,  with  the  seal  of  the  company  attached 
thereto.  Each  bond  shall  be  numbered,  beginning  with 
number  1,  or  the  next  highest  number  of  any  preceding 


bond  issued  by  it,  and  continue  consecutively  until  all 
are  numbered.  The  bonds  shall  be  dated,  made  pay- 
able at  a  time  not  exceeding  30  years  from  date,  and 
shall  boar  interest  not  exceeding  6  per  cent  per  annum. 
The  said  bonds,  when  thus  prepared,  shall  bs  presented 
to  the  railroad  commission  of  this  State,  with  a  state- 
ment in  writing,  signed  and  sworn  to  by  the  president 
of  said  company,  showing  the  amount  of  the  stock  of 
said  company,  and  the  amount  of  outstanding  bonds,  if 
any,  of  said  company.  If  said  bonds  are  such  as  aj-e 
permitted  under  this  law,  and  the  railroad  commission 
shall  be  so  satisfied,  it  shall  approve  said  bonds,  and 
shall  issue  to  the  secretary  of  State  a  direction  to  reg- 
ister said  bonds,  specifying  the  numbers,  dates  and 
amount  thereof.  And  said  commission  shall  keep  in  its 
office  a  correct  record  of  the  bonds  so  approved  by  it, 
giving  the  name  of  the  company,  the  numbers,  dates 
of  execution,  and  maturity  of  the  bonds,  the  amount  and 
rate  of  interest  of  each,  and  the  date  of  approval;  pro- 
vided, that  this  provision  shall  not  apply  to  receivers'  -. 
certificates  >vhere  the  amount  does  not  exceed  $100,000.'  I 
Duty  of  secretary  of  State.  Art.  45841.  When  any  such  ' 
bonds  shall  be  presented  to  the  secretary  of  State  with 
the  direction  aforesaid  to  register,  he  shall  register  said 
bonds  by  entering  a  description  thereof  in  a  book  d 
be  kept  for  that  purpose,  which  shall  show  the  dat 
number,  amount,  when  due,  the  rate  of  interest  on  eiu  h 
bond,  and  also  the  date  when  the  same  is  registere  i. 
The  secretary  of  State  shall  indorse  on  eacTi  bonl, 
under  the  seal  of  his  office  and  his  official  signature,  t  )- 
gether  with  the  date  thereof,  as  follows:  "This  bond 
is  registered  under  the  direction  of  (he  railroad  con- 
mission  of  Texas."  No  bond,  or  other  evidence  of  deb;, 
hereafter  issued  by  or  under  the  authority  of  any  pe  - 
son,  firm  or  corporation,  court  or  railroad  compan;  , 
whereby  a  lien  is  created  on  its  franchises  or  propert  \' 
situated  in  this  State,  shall  be  valid  or  have  any  fort  ? 
until   the    same   has    been    registered   as   required    hereii  . 

Forfeiture  of  charter.  Art.  4584j.  If  any  railroad  con  - 
pany  owning  or  operating  a  railroad  in  this  State  sha  1 
hereafter  issue,  or  consent  to,  or  cause  to  be  issued,  an  .' 
bonds,  or  other  evidences  of  debt,  to  be  or  become  i 
lien  on  its  railroad  property  so  owned  or  operated,  c  r 
shall  issue  any  stock  not  in  accordance  with  the  prov  - 
sions  of  this  chapter,  such  action  shall  work  a  forfeitin  ij 
of  the  charter  of  said  company,  and  it  shall  be 
duty  of  the  attorney-general  to  institute  proceedingsj 
a  court  of  competent  jurisdiction  to  forfeit  the  same.J 

Certificates,   honds,   etc..   void.     Art.   4584k.    Every 
tificate  of  stock  in  any  railroad  company,  and  every  bon  l' 
and  other  evidence  of  debt  operating  as  a  lien  upon  tt  5  ; 
property  of  such  railroad  company,  which  shall  be  mad  ■, 
issued    or   sold   without   a   compliance    with    this    chapt*  rj 
shall   be   void. 

Penalties  hereunder,  venue.  Art.  45841.  Each  and  ev( 
railroad  director,  president,  secretary  or  other  offic 
who  shall  knowingly  make  any  false  statement  uj 
which  to  secure  the  registration  of  any  bond,  or  ot] 
evidence  of  debt,  as  aforesaid,  or  who  shall,  by  fa 
statement  knowingly  made,  procure  of  the  railroad  c( 
mission  direction  to  the  secretary  of  State  to  regis 
the  same,  and  which  shall  be  by  the  secretary  of  St 
registered,  or  shall,  with  knowledge  of  such  fra 
negotiate,  or  cause  to  be  negotiated,  any  such  bond 
other  security  issued  in  violation  of  this  chapter,  si 
be  guilty  of  a  felony,  and  upon  conviction  thereof 
any  court  of  competent  jurisdiction  shall  be  punisj 
by  confinement  at  hard  labor  in  the  State  jienitentii 
for  a  term  of  years  not  less  than  two  nor  more  tl 
15,  and  shall  likewise  be  liable  to  any  creditor  ot  s« 
company  for  the  full  amount  of  damages  sustained 
such  wrongful  conduct.  Venue  in  such  cases  shall 
in  either  of  the  district  courts  held  in  Travis  Cout 
or  in  the  ,county  where  the  principal  office  of  the  r 
way  company,  whose  property  is  sought  to  be  so  eno 
bered   or   affected,   is   located. 

State  not  liable.  Art.  4584m.  That  nothing  in  this  li 
and  no  act  done  or  performed  under  or  in  connection 
with  it,  shall  be  held  or  construed  to  bind  or  make 
the  State  of  Texas  liable  to  pay,  or  guarantee,  in  any 
manner  whatsoever,  any  obligation,  debt  or  claim  exe- 
cuted or  assumed  under  or  by  virtue  of  its  provisions. 


itui; 

'Jl 


Public  Sekvice  Laws 


1291 


I.NCOKPOKATION   OF  PURCHASING  BONDHOLDERS. 

By  an  Act  approved  September  1,  1910,  the  statutes 
fixing  the  rights  of  purchasers  of  railroad  property  at 
foreclosure  solely  were  amended  so  as  to  read  as  fol- 
lows: 

Rights  of  purchasers  at  foreclosure  sale.  Art.  4549. 
In  case  of  the  sale  of  the  property  and  franchises  of  a 
railroad  company,  whether  by  virtue  ot  an  execution, 
order  of  sale,  deed  of  trust,  or  any  other  power,  or  by 
a  receiver,  acting  under  judgments,  heretofore  or  to  be 
hereafter  rendered  by  any  court  of  competent  jurisdic- 
tion, the  purchaser  or  purchasers  at  such  sale,  and 
associates,  if  any,  shall  acquire  full  title  to  such  prop- 
erty and  franchises,  with  full  power  to  maintain  and 
operate  the  railroad  and  other  property  incident  to  it, 
under  the  restrictions  imposed  by  law;  provided,  how- 
ever, that  said  purchaser  or  purchasers,  and  associates. 
If  any,  shall  not  be  deemed  and  taken  to  be  the  owners 
of  the  charter  of  the  railroad  company  and  .corporators 
under  the  same,  nor  vested  with  the  powers,  rights, 
privileges  and  benefits  of  such  charter  ownership  as  if 
they  were  the  original  corporators  of  said  company, 
unless  the  purchaser  or  purchasers,  and  associates,  if 
any,  shall  agree  to  take  and  hold  said  property  and 
franchises,  charged  with  and  subject  to  the  payment  of 
all  subsisting  liabilities  and  claims  for  death  and  for 
personal  injuries,  sustained  in  the  operation  of  the 
railroad  by  the  company,  and  by  any  receiver  thereof, 
and  for  loss  ot  and  damage  to  property  sustained  in  the 
operation  of  the  railroad  by  the  company  and  by  any 
receiver  thereof,  and  for  the  current  expenses  of  such 
operation,  including  labor,  supplies  and  repairs;  provided, 
that  all  such  subsisting  claims  and  liabilities  shall  have 
accrued  within  two  years  prior  to  the  beginning  of  the 
receivership  resulting  in  the  sale  of  said  property  and 
franchises  be  sold  otherwise  than  under  receivership 
proceedings,  unless  suit  was  pending  on  such  claims 
and  liabilities  when  the  receiver  was  appointed,  or 
when  the  sale  was  made,  in  which  event  claims  and 
liabilities  on  which  suits  were  so  pending  shall  be  pro- 
tected hereby  as  though  accruing  within  the  two  years; 
such  agreement  to  be  evidenced  by  an  instrument  in 
writing,  signed  and  acknowledged  by  said  purchaser 
or  purciasers,  and  associates,  if  any,  and  filed  in  the 
office  of  the  secretary  of  State  of  the  State  of  Texas; 
and  jjrovided,  further,  that  such  charter,  together  with 
the  powers,  rights,  privileges  and  benefits  thereof,  shall 
pass  to  said  purchaser  or  purchasers,  and  associates,  if 
any,  subject  to  the  terms,  provisions,  restrictions  and 
limitations  imposed  and  to  l>e  imposed  by  law;  and 
provided,  further,  that  the  amount  of  stock  and  bonds 
which  may  be  held  against  said  property  and  franchises, 
after  the  sale  thereof,  as  well  as  the  manner  of  issu 
ance  ot  such  stock  and  bonds,  shall  be  fixed,  determined 
and  regulated  by  the  railroad  commission  ot  Texas,  at 
its  discretion,  save  that  the  total  encumbrance  secured 
by  the  lien  on  said  property  and  franchises  shall  not 
exceed  the  amount  allowed  by  article  4584b  ot  the  Re- 
vised   Statutes   of   Texas   of   1895. 

Purchasers  may  become  a  corporation.  Art.  4550.  In 
case  of  any  sale  heretofore  or  hereafter  made  of  the  prop- 
erty and  franchises  of  a  railroad  company,  within  this 
State,  the  purchaser  or  purchasers  thereof,  and  associates. 
If  any,  shall  be  entitled  to  form  a  corporation  under  chap- 
ter 1,  of  title  94,  of  the  Revised  Statutes  of  Texas,  for 
the  purpose  of  acquiring,  owning,  maintaining  and  op- 
erating the  road  so  purchased,  as  if  such  road  were  the 
road  intended  to  be  constructed  by  the  corporation,  and 
when  such  charter  has  been  filed,  the  new  corporation 
shall  have  the  powers  and  privileges  then  conferred  by 
the  laws  of  this  State  upon  charter  railroads,  including 
the  power  to  construct  and  extend;  provided,  that  not- 
withstanding such  incorporation,  the  property  and  fran- 
chises so  purchased  shall  be  charged  with  and  subject  to 
the  payment  of  all  subsisting  liabilities  and  claims  for 
death  and  personal  injuries,  sustained  in  the  operation  of 
the  railroad,  by  the  sold-out  company  and  by  any  receiver 
thereof  and  for  loss  of  and  damage  to  property,  sustained 
in  the  operation  of  the  railroad  by  the  sold-out  company 
and  by  any  receiver  thereof,  and  for  the  current  expenses 
of  such  operation,  including  labor,  supplies  and  repairs; 
provided,  that  all  such  subsisting  claims  and  liabilities 
shall  have  accrued  within  two  years  prior  to  the  beginning 
of  the  receivership  resulting  in  the  sale  of  such  property 


and  franchises,  or  within  two  years  prior  to  the  sale,  if 
said  property  and  franchises  be  sold  otherwise  than  un- 
der receivership  proceedings,  unless  suit  was  pending  on 
such  claims  and  liabilities  when  the  receiver  was  appointed 
or  when  the  sale  was  made,  in  which  event  claims  and  lia- 
bilities on  which  suits  were  so  pending  shall  be  pro- 
tected hereby  as  though  accruing  within  the  two  years; 
and  provided  that  by  such  purchase  and  organization,  no 
right  shall  be  acquired  in  conflict  with  the  present  constitu- 
tion and  laws,  in  any  respect,  nor  shall  the  main  track  of 
any  railroad  once  constructed  and  operated  be  abandoned 
or  moved;  and  provided,  further,  that  the  amount  ot  stock 
and  bonds  which  may  be  issued  by  said  new  corporation, 
as  well  as  the  manner  ot  their  issuance,  shall  be  fixed, 
determined  and  regulated  by  the  railroad  commission  of 
Texas,  at  its  discretion,  save  that  the  total  encumbrance 
secured  by  lien  on  said  property  and  franchises  shall  not 
exceed  the  amount  allowed  by  article  4584b  of  the  Revised 
Statutes  of  Texas  of  1895. 

Certain  statute  not  repealed.  §  2.  This  Act  shall  not 
be  construed  to  in  any  wise  repeal  or  impair  the  pro- 
visions ot  chapter  14,  title  94  ot  the  Revised  Statutes  of 
the  State  of  Texas,  except  in  so  far  as  the  same  may  be 
changed  by  the  provisions  of  this  Act. 

Emergency.  §  3.  Whereas  there  is  no  provision  in  the 
laws  of  this  State  for  any  return  from  purchasers  of  rail- 
road properties  for  valuable  privileges  and  no  adequate 
regulation  of  stocks  and  bonds  against  sold-out  railroad 
|)roperties,  there  exists  an  imperative  public  necessity  and 
emergency  for  the  suspension  of  the  rule  requiring  bills 
to  be  read  on  three  several  days  in  each  House,  and  said 
rule  is  hereby  suspended,  and  this  Act  shall  take  effect 
and  be  in  force  from  and  after  its  passage,  and  it  is  hereby 
so  enacted. 

Approved  .September  1,  1910. 

COJIPLKTION    AND   SALE  OF   ST.\TE-OWNKD  RAILROAD. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Texas: 

Bond  issue  of  $200,000  on  State-owned  railroad  author- 
ized. §  1.  That  tor  the  purpose  ot  securing  means  with 
which  to  complete  and  equip  the  railroad  from  Rusk  to 
Palestine,  now  owned  by  the  State,  and  to  secure  the 
repayment  ot  the  money,  as  provided  for  in  chapter  74 
of  the  Acts  ot  the  thirtieth  legislaturje,  the  board  of  pen- 
itentiary commissioners  shall  be  and  they  are  hereby  au- 
thorized, and  it  shall  be  their  duty,  to  have  printed  and 
to  execute  twenty  bonds,  to  be  designated  and  known  as 
"Penitentiary  Railroad  Bonds,"  and  numbered  consecu- 
tively from  one  to  twenty,  inclusive,  each  for  the  principal 
sum  ot  $10,000,  bearing  interest  from  their  date  at  5  per 
cent  per  annum,  payable  annually  on  the  first  day  ot 
December  of  each  year  as  indicated  upon  the  coupons 
therefor,  which  shall  be  attached  to  such  bonds,  principal 
and  interest  payable  to  the  State  treasurer  of  the  State  of 
Texas,  at  his  offlce,  Austin,  Texas,  and  maturing  one  each 
year,  consecutively,  until  all  such  bonds  shall  have  ma- 
tured, and  reserving  to  said  board  of  penitentiary  com- 
missioners the  right  to  pay  off  and  redeem  each  bond 
and  its  coupons  before  maturity,  at  the  option  of  said 
board.  Each  ot  said  bonds  shall  upon  its  face  declare 
that  the  payment  ot  such  bond  and  its  interest  coupons 
is  secured  by  a  lien  upon  all  ot  said  State  railroad  lying 
between  the  cities  of  Rusk  and  Palestine,  and  embracing 
its  entire  right-of-way,  franchises,  depot  buildings  and 
grounds,  equipment,  rolling  stock,  engines  and  cars,  and 
that  to  the  payment  thereof  are  pledged  all  ot  the  net 
revenues  and  income  which  may  be  derived  or  received 
by  said  board  from  year  to  year  from  any  and  all  sources 
whatsoever,  and  remaining  after  the  payment  ot  the  cur- 
rent expenses  and  necessary  improvement  of  every  char- 
acter which  may  be  incurred  by  said  board,  or  under  its 
direction,  pursuant  to  law,  in  such  current  year,  until  all 
of  said  bonds  and  coupons  shall  have  been  paid.  All  of 
such  net  income  from  year  to  year  shall  be  so  applied  by 
said  board.  The  form  of  such  bonds  and  coupons  shall 
be  prepared  by  the  attorney-general,  and  all  such  bonds 
and  coupons  shall  bear  the  signature  ot  the  president  and 
secretary  ot  said  board,  and  each  bond  shall  be  counter- 
signed by  the  governor.  Such  bonds  and 'coupons,  or  any 
of  them,  when  so  executed  and  delivered  to  the  State 
treasurer,  shall  constitute  a  valid  lien  upon  said  State  rail- 
road as  aforesaid. 

Bonds  bought  with  State  school  fund.  §  2.  The  comp- 
troller of  public  accounts  and  the  State  board  of  education 
are  severally  hereby  authorized,  and  it  shall  be  their  duty 


1292 


Nationjx  Association  of  Railway  Commissioners 


to  purchase  said  bonds  from  said  board  of  penitentiary 
commissioners  and  to  pay  to  said  board  therefor,  out  of 
the  permanent  school  fund,  the  face  value  of  said  bonds 
with  accrued  interest  thereon,  down  to  the  date  of  such 
purchase;  and  the  principal  of  such  bonds  shall  constitute 
and  remain  a  part  of  the  permanent  school  fund,  and  the 
interest  thereon  shall  become  a  part  of  the  available  school 
fund,  and  such  bonds  and  coupons  shall  be  deposited  with 
and  kept  and  held  by  the  State  treasurer  as  provided  by 
law  in  case  of  other  securities  belonging  to  the  perma- 
nent school  fund;  provided,  however,  that  no  part  of  the 
permanent  school  fund  shall  be  invested  in  such  bonds 
unless  same  shall  have  been  registered  by  the  comptroller 
of  public  accounts  and  shall  be  accompanied  by  a  certifi- 
cate from  the  attorney-general  under  his  seal  to  the  effect 
that  such  bonds  are  in  all  respects  in  compliance  with  the 
requirements  of  this  Act. 

Application  of  proceeds  of  bond  issue.  §  3.  The  money 
which  shall  be  derived  by  the  said  board  of  penitentiary 
commissioners  from  said  bonds  shall  be  used  as  follows: 
1st.  One  hundred  and  fifty  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  shall  be  used  by  said  board  for 
the  purpose  of  taking  up  and  redeeming  the  20  bonds  au- 
thorized by  and  issued  in  virtue  of  chapter  74  of  the  Acts 
of  the  thirtieth  legislature. 

2d.  The  residue  thereof  shall  be  applied  by  said  board 
to  the  completion  of  said  State  railroad  into  the  city  of 
PftlsstiiiG 

3d.  The  remainder,  if  any,  shall  be  applied  by  said 
board  at  any  time  to  the  payment,  pro  tanto,  of  said  bonds 
and  coupons  in  numerical  order. 

Road  to  he  sold.  §  4.  When  said  railroad  shall  be  com- 
pleted to  the  town  of  Palestine  it  shall  be  the  duty  of  the 
penitentiary  board  to  endeavor  to  make  a  sale  of  the  same 
whenever  said  sale  can  be  made  without  detriment  to 
the  interest  of  the  State  and  the  several  industries  op- 
erated as  a  part  of  the  penitentiary  system.  Said  board 
shall  be  authorized,  at  its  discretion,  to  make  application 
to  the  railroad  commission  of  the  State  of  Texas  to  value 
said  railroad  property,  together  with  all  of  its  equipments, 
rolling  stock,  right-of-way,  depot  buildings  and  all  ap- 
purtenances of  whatsoever  kind  and  character,  and  in  no 
event  shall  said  roi^d  be  sold  for  less  than  such  valuation 
fixed  upon  the  same  by  said  railroad  commission.  In  the 
event  that  said  railroad  shall  be  sold  as  herein  provided 
for,  the  proceeds  of  such  sale  shall  be  applied  as  follows: 

First.  To  the  repayment  of  the  permanent  school  fund 
of  the  amount  used  out  of  the  appropriation  herein  named 
made  for  the  construction  of  said  railroad  and  for  the 
taking  up  of  the  bonds  issued  therefor  under  the  pro- 
visions of  this  Act. 

Second.  The  remainder  of  the  proceeds  of  the  sale  of 
«uch  railroad  shall  be  deposited  in  the  State  treasury  and 
be  credited  to  the  penitentiary  board  to  be  applied  to  the 
betterment  and  enlargement  of  the  iron  industry  and  other 
Industries  situated  within  the  walls  of  the  penitentiary 
at  Rusk. 

Act  cumulative  to  other  legislation.  §  5.  The  provi- 
sions of  this  Act  shall  be  construed  as  cumulative  of  and 
supplemental  to  all  laws  now  in  force  in  this  State,  and 
nothing  herein  shall  be  construed  to  repeal  any  other 
law  in  force,  especially  none  of  the  provisions  of  chapter 
74  of  the  Acts  of  the  thirtieth   legislature,   page   151. 

Emergency.  §  6.  The  fact  that  there  now  exists  no 
law  providing  for  means  for  the  completion  of  said  State 
railroad,  creates  an  emergency  and  an  imperative  public 
necessity  that  the  constitutional  rule  requiring  bills  to  be 
read  on  three  several  days  be  suspended,  and  it  is  hereby 
suspended,  and  that  this  Act  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  and  it  is  so  enacted. 

Approved  May  12,  1909. 

CITIES   AND  TOWNS  TO  REGULATE  CHARGES   OF  PUBLIC   UTILITIES. 

(Acts    of-  1905,    page    348.) 

Be  it  enacted  hy  the  legislature  of  the  State  of  Texas: 

Extortionate  charges  unlawful — Remedy.  %  1.  All  ex- 
tortionate and  unreasonable  rates  charged  by  public 
utility  corporations,  as  hereinafter  defined,  are  hereby 
declared  to  be  unlawful,  and  the  district  courts  of  this 
State  are  hereby  vested  with  jurisdiction  and  full  power 
and  authority  to  regulate,  prevent  and  abolish  the  same, 
and  to  this  end  said  courts  are  given  the  power  and 
authority  whenever  the  public  interest  may  require  to 
fix  and  eBtablish  rates  for  the  service  and  products  of 


all  public  utility  corporations,  and  whenever  the  public 
interest  may  require,  and  to  carry  out  the  provisions 
herein  conferred,  said  courts  are  hereby  expressly  au- 
thorized to  issue  injunctions,  quo  warranto  and  all  other 
writs  for  the  purpose  of  carrying  out  and  making  effect- 
ive the  purposes  of  this  Act,  and  said  writs  shall  be 
governed  by  the  rules  and  regulations  now  prescribed 
by  law;  provided,  that  no  proceeding  shall  be  begun  in 
a  District  Court  having  for  its  purpose  the  fixing  of 
rates  of  public  utility  corporations  until  and  unless  the 
city  council  of  the  city  or  town  desiring  to  invoke  the 
power  herein  conferred  upon  the  district  courts  shall 
comply   with   the   provisions   of   §  2   of  this  Act. 

Resolution  by  city  council.  §  2.  If  the  city  council  of 
any  city  or  town  incorporated  under  the  general  laws 
of  this  State  shall  desire  to  invoke  the  power  of  the 
District  Court  granted  in  §  1  of  this  Act,  such  council 
shall,  by  a  two-thirds  vote  of  all  the  members  elected 
to  said  council,  pass  a  resolution  setting  forth  the  mat- 
ters complained  of,  naming  the  corporation  againiit 
which  the  complaint  is  made,  and  in  a  general  way  tbe 
reasons  for  such  complaint,  and  shall  cause  a  copy  of 
the  same  to  be  delivered  to  the  president,  vice-president 
or  secretary  of  said  corporation,  or  cause  to  be  left  a 
copy  of  said  resolution  at  the  principal  oflSce  of  sucn 
corporation. 

Petition  in  District  Court.  §  3.  If  within  20  days  aft(  r 
the  said  corporation  has  been  furnished  with  a  copy  ct 
the  resolution  of  the  city  council,  the  wrongs  complained 
of  shall  not  be  corrected  to  the  satisfaction  of  the  city 
council,  a  petition  setting  forth  the  wrongs  and  grie '- 
ances  complained  of,  and  stating  the  relief  sought,  mav 
be  filed  in  the  name  of  the  city  or  town  as  plainti  f 
against  the  corporation  as  defendant  in  any  District  Cou)  t 
of  the  county  in  which  such  city  or  town  may  be  sit  i- 
ated,  and  process  shall  be  issued  upon  said  petitic  i 
and  be  served  upon  such  corporation  as  now  provided  1;  v 
law  in  civil  cases,  and  the  case  shall  be  set  for  tri:  1 
in  the  same  manner  as  other  civil  cases,  except  th;  t 
it  shall  have  precedence  over  all  cases  of  a  ditferei  t  , 
character  filed  in  such  court  as  to  the  time  of  trL 
Process  shall  issue  in  said  cause  at  the  instance  1 
either  party  in  the  same  manner  as  process  is  now  ' 
may  hereafter  issue  in  civil  cases,  and  the  right  ( t 
trial  by  jury  of  the  issues  involved  shall  also  be  givci 
upon  the  demand  of  either  party,  as  provided  by  law. 

District  Court  may  fix  rates  after  hearing.  §  4.  Upon  tl  a 
trial  of  the  cause,  it  shall  be  the  duty  of  the  court  or  juiy 
in  arriving  at  a  decision  as  to  whether  or  not  the  rat*  s 
complained    of    are    reasonable    or    extortionate,    and    ja 
fixing    the    rates,    to    consider    the    cost    of    constructic  a 
of    the    ptant    of    the    public    utility    corporation    again,  t 
which    the    petition    is    filed,    the    cost    of    the    operatic  a 
of    such    plant,    its    maintenance    and    repairs,    the    fix*  d 
charges    that    may    be    against    the    corporation,    amoui  t 
invested   in   such   plant,   and   such   other  matters   as  rat  y 
be    material    to    the    issues.      And    the    cou,rt    trying    tl  e 
same   shall   have   the   power  to   order  the  corporation 
make    profert    of    its    books    and    records    for    inspectie  a 
In   court  for  its  information  in  determining  the   questi(  n 
in   issue.     After   a   full   hearing  of  all  the   evidence  a  1- 
duced  by  the  parties,  the  court  of  jury  shall  have  pow«r, 
and   it   shall   be   their   duty,   to   fix   the   rates   which   ml ; 
be   charged   by  such   public  utility  corporation ;    provide  I, 
that    the    rates    fixed    must    be    sufficient    to    yield    su<  I 
public   utility   company   not   less   than   10   per   cent  up<  l 
the    investment,    and    the    same    shall    continue    in    foria 
for   a   period    of   three   years.     The   rates   fixed    shall  1m 
entered    of   record   upon   the   minutes   of   the   court,   ai  < 
shall    be    held    conclusive,    as    reasonable,    fair   and    juii 
and    shall    remain    for    three    years    as    the    rates    to    1h 
charged  by  such  corporation,  unless  changed  or  modifl<'d' 
by    the    judgment    of    said    District    Court,    or    by    t'le 
appellate    courts   to   which   either   of   the   parties   to   p'  ' 
suit  may  appeal,  to  have  writ  of  error  to  the  Supni 
Court. 

Repeal  §  5.  If  either  party  to  the  suit  shall  be  il 
satisfied  with  the  decisions  of  the  court  and  the  rate 
thereby  established,  an  appeal  may  be  taken  by  either 
party  to  the  Appellate  Court  of  the  supreme  judicial 
district  in  which  such  District  Court  may  be  located, 
and  said  appeal  shall  at  once  be  returnable  to  said 
Appellate    Court,    and    shall"  have    precedence    in    such 


Public  Service  Laws 


1293 


Appellate  Court  of  all  cases  ot  a  different  character 
therein  pending,  and  the  said  parties  to  said  suit  may 
have  their  writ  of  error  from  the  Supreme   Court. 

District  Court  map  forfeit  charter.  §  6.  When  final 
judgment  is  rendered  in  any  cause  fixing  the  rates 
to  be  charged  by  said  corporation,  the  court  rendering 
such  judgment  shall  order  in  its  decree  the  enforce- 
ment of  the  same,  and  to  this  end  and  to  carry  out  and 
execute  such  judgment  the  court  is  hereby  specially 
authorized  and  empowered  to  provide  in  Its  decree  that 
if  the  same  is  not  obeyed  according  to  the  terms  there- 
of, the  said  corporation  shall  forfeit  its  charter,  if  the 
same  be  a  domestic  corporation,  or  its  permit  to  do 
business  in  the  State,  if  the  corporation  be  a  foreign 
corporation,  and,  it  said  order  or  decree  be  violated, 
it  shall  be  the  duty  of  the  attorney-general  or  county 
or  district  attorney,  under  the  direction  of  the  attorney- 
general,  to  institute  suit  in  the  District  Court  of  the 
couny  in  which  such  corporaion  may  have  its  principal 
oflSce,  or  in  Travis  County,  Texas,  for  the  forfeiture  of 
its  charter  or  the  cancelation  of  its  permits,  as  the 
case  may  be,  and  if  said  charter  be  forfeited  or  permit 
canceled,  the  offending  corporation  shall  thereafter  be 
prohibited  from  carrying  on  its  business  within  this 
State. 

To  'What  utilities  the  Act  applies.  §  7.  The  public  util- 
ities included  within  the  meaning  of  this  Act  are  de- 
fined to  be  water  companies,  furnishing  water  to  the 
public;  gas  companies,  furnishing  gas  to  the  public; 
electric  light  or  power  companies,  furnishing  light  or 
power  to  the  public;  telephone  companies,  furnishing 
telephones  to  the  public,  and  sewerage  companies,  con- 
ducting sewerage  for  the  public,  whether  said  com- 
panies are  incorporated  under  the  laws  of  this  State 
or  of  a  foreign  State. 

Remedy  cumulative.  §  8.  Any  city  within  this  State 
incorporated  under  a  special  law  may,  at  its  option, 
avail  itself  of  the  provisions  of  this  Act,  but  the  same 
shall  be  cumulative  of  any  other  method  which  may  now 
be  provided  in  such  special  charter,  and  this  Act  shall 
not   repeal   any   provisions   ot   such    special   charter. 

Emergency.  §  9.  The  importance  of  providing  some 
method  by  which  cities  and  towns  incorporated  under 
the  general  law  may  secure  the  regulation  of  the  rates 
charged  by  public  utility  corporations,  the  near  approach 
of  the  end  of  the  session,  and  the  crowded  condition 
of  the  calendar,  create  an  emergency  and  an  imperative 
public  necessity  which  requires  that  the  constitutional  rule 
which  provides  that  all  bills  shall  be  read  upon  three 
several  days  be  suspended,  and  the  same  is  hereby  sus- 
pended, and  this  Act  shall  take  effect  and  be  in  force 
from   and  after  Its   passage,  and  it  is  so   enacted. 

Approved  April  17,  1905.  In  effect  90  days  after 
adjournment. 

FRANCHISE    TAXES    TO    }JE    P.VID    BY    CORPORATIONS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Annual  franchise  tax  to  be  paid  in  advwice.  §  1.  Except 
as  herein  provided,  each  and  every  private,  domestic  cor- 
poration heretofore  chartered,  or  that  may  hereafter  be 
chartered  under  the  laws  of  this  State,  shall,  on  or  before 
the  first  day  of  May  ot  each  year,  pay  in  advance  to  the 
secretary  of  State  a  franchise  tax  for  the  year  following, 
which  shall  be  computed  as  follows,  viz.:  Fifty  cents  for 
each  $1,000  or  fractional  part  thereof,  of  the  authorized 
capital  stock  of  such  corporation,  unless  the  total  amount 
of  capital  stock  of  such  corporation  issued  and  outstand- 
ing, plus  its  surplus  and  undivided  profits,  shall  exceed 
its  authorized  capital  stock,  and  in  that  event  the  franchise 
tax  of  such  corporation  for  the  year  following  shall  be 
50  cents  on  each  $1,000  of  capital  stock  of  such  corporation 
Issued  and  outstanding,  plus  its  surplus  and  undivided 
profits;  provided,  that  such  franchise  tax  shall  not  in 
any  case  be  less  than  $10.  Provided,  that  where  the  au- 
thorized capital  exceeds  $1,000,000,  such  franchise  tax  shall 
be  50  cents  for  each  $1,000  up  to  and  including  $1,000,000, 
and  for  each  one  additional  $1,000,  in  excess  of  $1,000,000, 
It  shall  be  25  cents. 

Foreign  corporations.  §  2.  Except  as  herein  provided, 
each  and  every  foreign  corporation  authorized  or  that  may 
hereafter  be  authorized  to  do  business  in  this  State  shall 
on  or  before  the  first  day  of  May  of  each  year  pay  in  ad- 
vance to  the  secretary  of  State  a  franchise  tax  for  the  year 
following,  which  shall  be  computed  as  follows,  viz.:   One 


dollar  on  each  $1,000  or  fractional  part  thereof  of  the  au- 
thorized capital  stock  ot  the  corporation  up  to  and  in- 
cluding $100,000;  and  $2  on  each  $5,000  or  fractional  part 
thereof  of  such  stock  in  excess  of  $100,000  and  up  to 
and  including  $1,000,000;  and  $2  on  each  $20,000  or  frac- 
tional part  thereof  of  such  stock  in  excess  of  $1,000,000, 
and  up  to  and  including  $10,000,000;  and  $2  on  each 
$50,000  of  such  stock  in  excess  of  $10,000,000;  unless 
the  total  amount  of  the  capital  stock  of  such  corpo- 
ration issued  and  outstanding,  plus  its  surplus  and 
undivided  profits,  shall  exceed  its  authorized  capital 
stock,  and  in  that  event  the  franchise  tax  of  such  corpora- 
tion for  the  year  following  shall  be:  Two  dollars  on  each 
$1,000  or  fractional  part  thereof  of  the  authorized  capital 
stock  of  such  corporation,  issued  and  outstanding,  plus 
its  surplus  and  undivided  profits,  up  to  and  including 
$100,000;  and  $2  on  each  $5,000  or  fractional  part  thereof 
of  such  stock,  surplus  and  undivided  profits  in  excess  of 
$100,000,  and  up  to  and  Including  $1,000,000;  and  $2  on 
each  $20,000  or  fractional  part  thereof  of  such  stock, 
surplus  and  undivided  profits  in  excess  of  $1,000,000,  and 
up  to  and  including  $10,000,000;  and  $2  on  each  $50,000 
of  such  stock,  surplus  and  undivided  profits  in  excess  of 
$10,000,000;  provided  that  such  franchise  tax  shall  not  in 
any  case  be  less  than  $25. 

Pro  rata  payment  for  part  of  year.  §  3.  Whenever  a 
private,  domestic  corporation  is  chartered  in  this  State, 
and  whenever  a  foreign  corporation  is  authorized  to  do 
business  in  this  State,  such  corporation  shall  be  re- 
quired to  pay  in  advance  to  the  secretary  of  State,  as  its 
franchise  tax  from  that  time  down  to  and  including  the 
30th  day  of  April  next  following,  only  such  proportionate 
part  of  its  annual  franchise  tax,  as  herein  above  described, 
as  the  period  of  time  between  the  date  ot  filing  of  its  articles 
ot  incorporation  or  the  issuance  of  its  permit  to  do  busi- 
ness, as  the  case  may  be,  and  on  the  first  day  of  May 
next  following,  bears  to  a  calendar  year.  Nothing  in  this 
Act  shall  affect  the  amount  of  the  franchise  tax  to  be 
paid  by  any  corporation  for  the  period  of  time  ending 
April  30,  1907,  excepting  only  such  domestic  corporations 
as  may  be  chartered  after  this  Act  shall  take  effect  and 
such  foreign  corporations  as  may,  after  this  Act  shall  take 
effect,  apply  to  the  secretary  of  State  for  a  permit  to  do 
business  within  this  State. 

Statement  to  secretary  of  State  as  to  surplus,  etc.  §  4. 
For  the  purpose  of  determining  the  amount  of  the  first 
franchise  tax  payment  required  by  this  Act  of  any  domestic 
corporation  which  may  be  hereafter  chartered,  or  of  any 
foreign  corporation  which  may  hereafter  apply  for  a  per- 
mit to  do  business  within  this  State,  and  also  for  the  pur- 
pose of  determining  the  correctness  of  any  report  which 
is  provided  for  in  this  Act,  the  secretary  of  State"  may, 
whenever  he  may  deem  it  necessary  or  proper  to  protect 
the  interests  of  the  State,  require  any  one  or  more  of 
the  officers  of  such  corporations  to  make  and  file  in  the 
office  of  the  secretary  of  State  an  affidavit  or  affidavits 
in  writing,  which  shall  be  subscribed  by  such  officer, 
and  by  him  sworn  to  before  some  officer  who  is  by  law 
duly  authorized  to  administer  oaths,  and  verified  by  his 
seal  of  office,  setting  forth  fully  the  facts  concerning  the 
amount  of  the  surplus  and  undivided  profits,  respectively, 
if  any,  of  such  domestic  or  foreign  corporation;  and  until 
the  secretary  of  State  shall  be  fully  satisfied  as  to  the 
amount  of  such  surplus  and  undivided  profits,  respectively, 
if  any,  he  shall  not  file  the  articles  of  incorporation  of 
such  proposed  domestic  corporation,  or  issue  such  permit, 
or  accept  such  franchise  tax. 

Statement  by  domestic  corporation.  §  5.  For  the  pur- 
pose of  ascertaining  and  determining  the  amount  of  any 
annual  franchise  tax  prescribed  by  this  Act,  excepting  only 
the  first  tax  to  be  paid  by  any  domestic  corporation  which 
may  hereafter  be  chartered,  or  of  any  foreign  corpora- 
tion which  may  hereafter  be  authorized  to  do  business 
in  this  State,  the  president,  vice-president,  general  man- 
ager, secretary,  treasurer  and  superintendent  of  each  and 
every  domestic  or  foreign  corporation  embraced  within 
the  provisions  of  this  Act  shall  annually  and  between 
the  1st  and  10th  days  of  March,  and  also  whenever  called 
upon  by  the  secretary  of  State  to  do  so,  report  to  the  sec- 
retary of  State,  in  writing,  and  under  oath,  as  required 
by  section  4  of  this  Act,  the  total  amounts  of  the  capital 
stock  issued  and  outstanding,  and  the  surplus  and  un- 
divided profits,  respectively.  If  any,  of  such  corporation 
on  the  first  day  of  March  next  preceding;  and  the  secre- 
tary of  State  may  ascertain  such  facts  from  other  sources; 


1294 


*  National  Association  of  Eailway  Commissioners 


and  if  the  true  aggregate  of  such  amounts  shall  exceed 
the  authorized  capital  stock  of  such  corporation  as  dis- 
closed by  its  then  current  original  or  amended  articles 
of  incorporation,  the  amount  of  its  annual  franchise  tax 
for  the  year  beginning  the  first  day  of  May,  next  there- 
after, shall  be  thereon  collected  and  paid;  otherwise,  its 
annual  franchise  tax  shall  be  calculated  and  paid  upon  the 
amount  of  its  authorized  capital  stock  as  shown  by  its 
aforesaid  original  or  amended  articles  of  incorporation. 
The  making  and  filing  by  any  one  of  such  officers  of  such 
corporation  of  the  record  required  by  this  section  shall 
relieve  the  other  officers  of  such  corporation  from  the 
duty  of  making  any  report  required  by  this  section,  ex- 
cept such  report  or  reports  as  may  be  required  by  the  sec- 
retary of  State. 

Increase  of  stock.  §  6.  In  the  event  of  increase  in  the 
authorized  capital  stock  of  any  domestic  or  foreign  cor- 
poration, it  shall  also  pay,  in  advance,  a  supplemental 
franchise  tax  thereon  for  the  remainder  of  the  year  down 
to  and  including  the  30th  day  of  April  next  thereafter, 
the  amount  of  which  shall  be  determined  as  is  provided  in 
section  3  of  this  Act  in  case  of  the  first  franchise  tax 
payment  to  be  made  under  this  Act  by  a  domestic  cor- 
poration which  may  be  hereafter  authorized  to  do  busi- 
ness within  this  State. 

Failure  to  comply  with  demand  Jot  statement.  §  7. 
Every  person  required  by  this  Act  to  make  any  annual 
report  to  the  secretary  of  State,  who  shall  for  a  longer 
period  than  five  days,  and  every  person  who  shall  for 
more  than  10  days  after  the  mailing  by  the  secretary  of 
State  demand  upon  him  for  any  other  report,  which  the 
secretary  of  State  is  by  this  Act  authorized  to  require, 
fail  or  refuse  to  make  such  report,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  $50  and  not  more  than  $200, 
and  each  day  of  such  failure  or  refusal  after  the  expiration 
of  said  five  days  or  said  10  days,  as  the  case  may  be,  shall 
constitute  a  separate  offense.  The  secretary  of  State  shall 
keep  a  record  of  the  mailing  of  any  and  all  notices  and 
demands  for  reports  provided  for  by  this  Act. 

Penalty  for  non-payment  of  tax.  §  8.  Any  corporation, 
either  domestic  or  foreign,  which  shall  fail  to  pay  any 
franchise  tax  provided  for  in  this  Act  when  the  same  shall 
become  due  and  payable  under  the  provisions  of  this  Act, 
shall  thereupon  become  liable  to  a  penalty  of  25  per  cent 
of  the  amount  of  such  franchise  tax  due  by  such  corpora- 
tion, and  if  the  amount  of  such  tax  and  penalty  be  not 
paid  in  full  on  or  before  the  1st  day  of  July  thereafter, 
such  corporation  shall  for  such  default  forfeit  its  right  to 
do  business  in  this  State,  which  forfeiture  shall  be  consum- 
mated without  judicial  ascertainment,  by  the  secretary  of 
State  entering  upon  the  margin  of  the  record  kept  in  his  of- 
fice relating  to  such  corporation,  the  words,  "right  to  do 
business  forfeited,"  and  the  date  of  such  forfeiture,  and 
any  corporation  whose  right  to  do  business  shall  be  thus 
forfeited  shall  be  denied  the  right  to  sue  or  defend  in  any 
other  courts  of  this  State,  except  in  a  suit  to  forfeit  the 
charter  of  such  corporation,  and  in  any  suit  against  such 
corporation  on  a  cause  of  action  arising  before  such  forfeit- 
ure no  affirmative  relief  shall  be  granted  to  such  corporation 
unless  its  right  to  do  business  in  this  State  shall  be  re- 
vived as  provided  by  this  Act.  And  each  and  every  director 
and  officer  of  any  corporation  whose  right  to  do  business 
within  this  State  shall  be  so  forfeited  shall,  as  to  any  and 
all  debts  of  such  corporation  which  may  be  created  or 
Incurred,  with  his  knowledge,  approval  and  consent,  with- 
in this  State,  after  such  forfeiture  by  any  such  directors  or 
officers,  and  before  the  revival  of  the  right  of  such  corpo- 
ration to  do  business,  be  deemed  and  held  liable  thereon 
in  the  same  manner  and  to  the  same  extent  as  if  such 
dirctors  and  officers  of  such  corporation  were  partners. 

Notice  by  secretary  of  State.  §  9.  The  secretary  of 
State  shall,  during  the  month  of  May  of  each  year, 
notify  such  domestic  and  foreign  corporation,  which 
may  be  or  become  subject  to  a  franchise  tax,  under  any 
law  of  this  State,  which  has  failed  to  pay  such  franchise 
tax  on  or  before  the  1st  day  of  May,  that  unless  said 
overdue  tax,  together  with  said  penalty  thereon,  shall 
be  paid  on  or  before  the  1st  day  of  July  next  following 
the  right  of  such  corporation  to  do  business  in  this 
State  will  be  forfeited  without  judicial  ascertainment. 
Such  notice  may  be  either  written  or  printed,  and  shall 
be  verified  by  the  seal  of  the  office  of  the  secretary  of 
State,   and   shall   be   addressed   to   such   corporation   and 


mailed  to  the  postofflce  named  in  its  article  of  incor- 
poration as  its  principal  place  of  business,  or  to  any 
other  known  place  of  business  of  such  corporation,  and 
a  record  of  the  date  of  mailing  such  notice  shall  be 
kept  by  the  secretary  of  State.  Such  notice  and  said 
record  thereof  shall  constitute  legal  and  sufficient  no 
tice  thereof  for  all  the  purposes  of  this  Act.  Any  cor- 
poration whose  right  to  do  business  may  have  been 
forfeited,  as  provided  in  this  Act,  shall  be  relieved  from 
such  forfeiture  by  paying  the  secretary  of  State,  any 
time  within  six  months  after  such  forfeiture,  the  full 
amount  of  the  franchise  tax  and  penalty  due  by  it,  to- 
gether with  an  additional  amount  of  5  per  cent  of  such 
tax  for  each  month  or  fractional  part  of  a  month  which 
shall  elapse  after  such  forfeiture;  provided,  that  sutli 
amount  shall  in  no  case  be  less  than  $5.  When  such 
tax  and  all  such  penalties  shall  be  fully  paid  to  the  sec- 
retary of  State  he  shall  revive  and  reinstate  the  right 
of  the  corporation  to  do  business  within  this  State  hy 
canceling  the  words  "right  to  do  business  forfeited"  upon 
his  record  and  indorsing  thereon  the  word  "revived  " 
and  the  date  of  such  revival.  If  any  domestic  corporii 
tion,  whose  right  to  do  business  within  this  State  shall 
hereafter  be  forfeited  under  the  provisions  of  this  Act. 
shall  fail  to  pay  the  secretary  of  State  on  or  befoi  e 
the  fir.st  day  of  January  next  following  the  reviv;  1 
amounts  necessary  to  entitle  it  to  have  its  right  to  do 
business  revived  under  the  provisions  of  this  Act,  suc'i 
failure  shall  constitute  sufficient  grounds  for  the  to 
feiture  by  a  judgment  of  any  court  of  competent  juri: - 
diction  of  the  charter  of  such  domestic  corporation. 

Payment  of  back  taxes.     §  10.     Every  corporation  he 
tofore  chartered  under  the  laws  of  this  State,  and  ev^ 
foreign    corporation    whose    right    to    do    business    wit^ 
this    State    has    heretofore    been    forfeited    as    provid 
by    law    solely   because   of   its    failure   to   pay    within 
time    provided    by    law    any    franchise    or    franchise 
and  penalty  or  penalties  prescribed  by  law,  shall  be  pe:-j 
mlttetl   and   authorized   to   pay   to  the   secretary   of   St 
on  or  before  the  first  day  of  September,  1907,  the  agg 
gate   amount   of  its   franchise   tax   or  taxes  and  the 
alty  as  provided  by  law,  calculated  for  the  entire  perJ 
of    time    beginning    with    the    day    upon    which    the    fl| 
unpaid    franchise    tax    payment    became    due    and    endiri;' 
the   day   of  said   payment,  and  upon  such   payment  beimj 
made    to    the    secretary    of    State,    he    shall    cancel    sill 
previous    forfeiture    of   the   right   of    such    corporation 
do    business    within    this    State    and    shall    indorse    ui 
the    margin   of   the   record   kept   in   his  office   relating 
such    corporation    the    word    "revived,"    and    the    date 
such    revival. 

Failure  of  any  such  domestic  corporation  to  pay  si 
aggregate  amount  on  or  before  the  first  day  of  M 
1907,  shall  constitute  sufficient  grounds  for  the 
feituj'e  by  a  judgment  of  any  court  of  competent  ju; 
diction  of  the  charter  of  such  domestic  corporation, 
being  provided,  however,  that  none  of  the  provisi( 
of  this  section  shall  apply  to  any  corporation  wh( 
right  to  do  business  within  the  State  or  whose  char 
may  have  been  legally  forfeited  for  any  other  real 
than    those    mentioned    in   this   section. 

Foreign  corporation  may  surrender  permit. 
Should  any  foreign  corporation  which  may  have  or  h 
after  obtain  a  permit  to  do  business  within  this  St 
desire  at  any  time  to  withdraw  from  doing  business 
this  State  it  may  surrender  such  permit  to  the  secret 
of  State,  who  shall  thereupon  mark  or  stamp  such  ] 
mit  "surrendered,"  dating  and  signing  same  officia 
and  shall  indorse  ui)on  the  record  of  such  permit  in 
his*  office  the  word  "surrendered,"  and  the  date  theri 
and  thereafter  such  corporation  may,  by  complying  w 
the  provisions  of  this  Act,  secure  a  new  permit  to 
business  in  this  State  without  having  made  any  furt 
payment  of   franchise   tax  under  such  old   permit. 

Unlawful  to  do  business  after  forfeiture.  §  12.  In  ) 
and  all  cases  in  which  the  charter  or  right  to  do  bl 
ness  of  any  private  domestic  corporation  heretofore 
hereafter  chartered  under  the  laws  of  this  State, 
the  permit  of  any  foreign  corporation  or  its  right  to  do 
business  within  this  State,  shall  have  been  or  shall 
hereafter  be  forfeited,  it  shall  be  unlawful  for  any 
person  or  persons  who  were  or  shall  be  stockholders 
or  officers   of  such   corporation   at   the   time   of  such   for- 


Public  Service  Laws 


1295 


felture  to  do  business  within  this  State  in  or  under 
the  corporate  name  of  such  corporation  or  to  use  signs 
or  advertisements  of  such  corporation  or  similar  to 
the  signs  or  advertisements  which  were  used  by  such 
corporation,  or  similar  to  the  signs  or  advertisements 
which  were  used  by  such  corporation  before  such  for- 
feiture, and  each  and  every  person  who  may  violate 
any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  less  than  $100  and  not 
more  than  $1,000;  provided,  the  inhibition  and  penalties 
prescribed  by  this  section  shall  not  apply  where  the 
right  of  such  corporation  to  do  business  within  this 
State  has  been  revived  in  the  manner  provided  by  law 
and   is  at  the  time  in  good  standing. 

Companies  excepted  from  the  Act.  §  13.  The  franchise 
tax  imposed  by  this  Act  shall  not  apply  to  any  insur- 
ance company,  surety,  guaranty  or  fidelity  company  or 
any  transportation  company  or  any  sleeping,  palace 
car  and  dining  car  company  which  now  is  required  to 
pay  an  annual  tax  measured  by  their  gross  receipts,  or 
to  corporations  having  no  capital  stock  and  organized 
for  the  exclusive  purpose  of  promoting  the  public  inter- 
est of  any  city  or  town,  or  to  corporations  organized 
for  the  purpose  of  religious  worship,  or  for  providing 
places  of  burial  not  tor  private  profit,  or  coriwrations 
organized  for  the  purpose  of  holding  agricultural  fairs 
and  encouraging  agricultural  pursuits,  or  for  strictly 
educational    purposes,   or   for   purely    public   charity. 

Attorney-general  to  Iring  suits.  §  14.  The  attorney- 
general  shall  be  authorized,  and  it  shall  be  his  duty,  to 
bring  suit  therefor  against  any  and  all  such  corpora- 
tions which  may  be  or  become  sub.iect  to  or  liable  for 
any  and  all  franchise  tax  or  taxes  or  penalties  under 
this  or  any  former  law,  and  in  case  there  may  now  be 
or  shall  hereafter  exist  valid  grounds  for  the  forfeiture 
of  the  charter  of  any  domestic  private  corporation  or 
failure  to  pay  any  franchise  tax  or  franchise  taxes,  or 
penalty  or  penalties  to  which  it  may  have  become,  or 
shall  hereafter  be  or  become,  subject  or  liable  under 
this  or  former  law,  it  shall  be  his  duty  to  bring  suit 
for  a  forfeiture  of  such  charter,  and,  for  the  purpose  of 
enforcing  the  provisions  of  this  Act  by  civil  suits,  venue 
Is  hereby  conferred  upon  the  courts  of  Travis  County 
concurrently  with  the  courts  of  the  county  in  which  the 
principal  office  of  such  corporation  may  be  located,  as 
shown  by  its  articles  or  amended  articles  of  incorpora- 
tion. Such  courts  shall  also  have  authority  to  restrain 
and  enjoin  a  violation  of  any  and  all  of  the  provisions 
of  this  Act.  In  any  and  all  cases  in  which  any  court 
having  jurisdiction  thereof  shall  make  and  enter  judg- 
ment forfeiting  the  charter  of  any  such  corporation 
the  court  may  appoint  a  receiver  thereof,  and  may  ad- 
minister such  receivership  under  the  laws  regulating 
receiverships. 

Judgment— Offlcial.  S  15.  Upon  the  rendition  by  the/ 
District  Court  of  any  judgment  or  forfeiture  under  the 
provisions  of  this  Act  the  clerk  of  that  court  shall  forth- 
with mail  to  the  secretary  of  State  a  certified  copy  of 
such  judgment,  and  upon  receipt  thereof  he  shall  indorse 
upon  the  record  of  such  charter  in  his  office  the  words 
"judgment  of  forfeiture,"  and  the  date  o'f  such  judg- 
ment. In  event  of  an  appeal  from  such  judgment  by 
writ  of  error  or  otherwise,  the  clerk  of  the  court  from 
wiiich  such  appeal  is  taken  shall  forthwith  certify  to  the 
secretary  of  State  the  fact  that  such  appeal  has  been 
perfected,  and  he  shall  indorse  upon  the  record  of  such 
charter  in  his  office  the  word  "appealed,"  and  the  date 
upon  which  such  appeal  was  perfected.  When  final 
disposition  of  such  appeal  shall  be  made,  the  clerk  of 
the  court  making  such  disposition  shall  forthwith  certify 
such  disposition,  and  the  date  thereof,  to  the  secretary 
of  State,  who  shall  briefly  note  same  upon  the 
record  of  such  charter  in  his  office,  and  the  date  of  such 
final    disposition. 

Corporation  in  process  of  liquidation.  §  15a.  In  case  a 
corporation  is  actually  in  process  of  liquidation  such 
corporation  shall  only  be  required  to  pay  a  franchise 
tax  calculated  upon  the  difference  between  the  amount 
of  stock  actually  issued  and  the  amount  of  liquidating 
dividends  actually  paid  upon  such  stock;  provided,  that 
the  president  and  secretary  of  such  corporation  shall 
make   afllidavit   as   lo   the   total   amount   of   capital   stock 


issued  and  as  to  the  amount  of  liquidating  dividends 
actually  paid,  and  that  such  corporation  is  in  an  actual 
bona   fide   state   of  liquidation. 

Repeal.  §  16.  Articles  52431  and  5243j,  chapter  9, 
title  104,  of  the  Revised  Civil  Statutes  of  Texas,  as 
amended  by  chapter  19  of  the  General  Laws  of  the  twenty- 
ninth  legislature  of  Texas,  and  chapter  72,  of  the  General 
Laws  of  the  twenty-ninth  legislature,  and  any  and  all  laws 
in  conflict  with  any  of  the  provisions  of  this  Act  shall  be, 
and  the  same  are  hereby,  repealed. 

Emergency.  §  17.  The  near  approach  of  the  time,  the 
1st  day  of  May,  on  or  before  which,  under  existing  law, 
payment  of  franchise  taxes  must  be  made,  and  the  in- 
creasing expenses  of  the  State  government,  together  with 
the  depleted  condition  of  the  general  revenue  fund  of  the 
State  treasury,  create  an  imperative  public  necessity  for 
the  suspension  of  the  constitutional  rule  providing  that 
bills  shall  be  read  on  three  several  days  and  an  emergency 
requiring  that  this  Act  shall  take  effect  and  be  In  force 
from  and  after  its  passage,  and  it  is  so  enacted. 

Approved  May  16,  1907.  In  effect  90  days  after  adjourn- 
ment. 

■r.\XIKG    INTANGIBLE   ASSETS   INSTEAD   OF   GROSS   RECEIPTS. 

An  Act  for  the  taxation  of  the  intangible  assets  of  certain 

corporations,  associations  and  individuals,  etc. 
Be  it  enacted  by  the  legislature  of  the'State  of  Texas: 

Tax  imposed  on  intangible  assets.  §  1.  That  each  and 
every  incorporated  railroad  company,  ferry  company, 
bridge  company,  turnpike  or  toll  road  company,  wharf 
company,  telegraph  company,  interurban  railroad  company, 
express  company,  chair  car  company,  refrigerator  car  com- 
pany, stock  car  company,  tank  car  company,  and  every 
other  car  company  except  sleeping  car,  dining  car  and 
palace  car  companies,  which  are  especially  excepted  from 
the  provisions  of  this  bill,  and  every  packing  house  and 
pipe  line  company  doing  business  wholly  or  in  part  with- 
in the  State  of  Texas,  whether  incorporated  under  the 
laws  of  this  State  or  of  any  other  State,  or  of  any  Terri- 
tory or  foreign  country,  and  every  other  company,  cor- 
poration or  association  doing  business  of  the  same  char- 
acter in  this  State,  and  every  individual  or  association 
of  individuals  doing  such  business  shall,  in  addition  to 
the  ad  valorem  taxes  on  tangible  properties  which  are  now 
imposed  upon  them  by  law,  annually,  beginning  with  the 
1st  day  of  .lanuary,  A.  D.  190C,  pay  a  tax  to  the  State 
for  the  year  1906,  and  for  each  year  thereafter  on  their 
unrendered  intangible  assets  and  property,  and  local  taxes 
thereon  to  the  counties  in  which  its  business  is  or  shall 
hereafter  be  carried  on,  which  additional  tax  shall  be 
assessed  and  levied  upon  such  assets  and  property  in  the 
manner  hereinafter  provided.  The  place  or  places  where 
such  local  taxes  are  to  be  paid,  and  the  manner  of  the 
apportionment  of  the  same  in  cases  where  more  than  one 
jurisdiction  is  entitled  to  a  share  of  such  tax,  shall  be  de- 
termined in  accordance  with  the  provisions  of  this  Act. 

Each  corporation  to  make  a  statement.  J  2.  Between  the 
2d  day  of  January  and  the  1st  day  of  March  of  each  year, 
every  company,  corporation  and  association  embraced 
within  the  provisions  of  -the  first  section  of  this  Act,  or 
coming  otherwise  within  its  scope  and  intent,  shall  make 
out  and  deliver  into  the  possession  of  the  comptroller  of 
public  accounts  of  the  State  of  Texas  a  statement  contain- 
ing the  information  hereinafter  prescribed,  which  state- 
ment shall  be  duly  verified  by  the  affldavit  of  one  of  the 
officers  of  the  company,  corporation  or  association  in  whose 
behalf  it  is  made. 

Shoicing  to  he  made.  §  3.  Each  such  statement  shall 
show  the  following  items  and  particulars  as  the  same  stood 
on  the  next  preceding  first  day  of  January,  to  wit: 

1.  The  name  of  the  company,  corporation  or  association 
making  the  statements,  and  the  charter  of  its  business. 

2.  The  authority  by  which  it  was  incorporated,  and  the 
purposes  of  its  incorporation  as  expressed  in  its  charter 
or  articles  of  association. 

3.  The  locality  of  its  principal  office  and  the  amount 
and  kind  of  business  done  by  it  in  this  State,  and  the 
total  gross  receipts  derived  from  its  business  therein,  in- 
cluding a  due  proportion  of  its  interstate  business,  if  It 
has  done  any  business  of  that  character. 

4.  Its  total  capital  stock  and  the  number  of  shares 
which  have  been  issued  and  are  outstanding,  and  the  par 
or  face  value  of  each  such  share. 

5.  The  market  value  of  the  said  shares  of  stock,  or. 


1296 


National  Association  of  Railway  Commissioners 


If  they  have  no  market  value,  then  the  statement  must 
show  the  actual  value  thereof. 

6.  A  brief  description  of  each  tract  of  real  estate  and 
of  the  improvements  thereon,  and  of  the  buildings,  struc- 
tures, machinery,  fixtures,  appliances  and  other  tangible 
property  and  assets  owned  and  assessed  or  liable  to  assess- 
ment for  the  same  year  within  this  State,  and  the  loca- 
tion and  assessed  value  thereof,  and  the  county,  city  or 
town  wherein  the  same  is  assessed  for  taxation  for  State 
and  county  purposes,  or  is  liable  to  assessment. 

7.  A  brief  description  of  each  tract  of  land  and  of  the 
Improvements  thereon,  and  of  the  buildings,  structures, 
machinery,  fixtures,  appliances  and  of  the  other  tangible 
property  and  assets  owned  and  held  outside  of  this  State, 
and  of  all  other  property  and  assets  having  a  fixed  situs 
-outside  thereof,  and  the  location  of  each  item  of  such  prop- 
erty, and  the  purpose  for  which  it  is  used,  and  whether 
or  not  it  is  specifically  used  in  the  business  of  the  com- 
pany, corporation  or  association  making  the  report,  and 
its  true  and  fair  market  value,  and  the  sum  or  value  at 
which  it  is  assessed  for  taxation,  and  the  locality  in  which 
it  is  assessed. 

8.  A  statement  of  each  and  every  lien,  mortgage  and 
■other  charge  upon  the  whole  or  any  part  of  the  property 
-of  said  company,  corporation  or  association,  with  a  state- 
ment of  the  property  encumbered  or  charged  thereby  and 
of  that  amount  of  unpaid  debt  secured  by  each  such  mort- 
gage, lien  or  charge,  and  of  the  interest  charged  thereon, 
and  to  what  extent  interest  has  been  paid,  and  the  true 
and  fair  market  value  of  every  such  debt. 

9.  A  statement  of  the  gross  and  net  income  and  earn- 
Ings'for  the  next  preceding  12  months,  including  therein 
all  interest  on  investments,  and  all  rents,  fruits,  revenues 
and  receipts  from  every  source  whatsoever,  and  a  state- 
ment of  the  income  used  for  repairs  and  of  the  amount 
used  for  betterments  and  the  amount  used  for  extensions; 
and  each  pipe-line  company  shall  Include  as  a  part  of  its 
gross  receipts  such  sum  or  sums  as  It  would  have  been 
compelled  to  pay  out  for  conveying  its  own  product,  if 
another  company  had   conveyed   same   for  it. 

10.  Every  railroad  company  and  every  telegraph  com- 
pany and  every  pipe  line  company  shall  show  in  each 
statement  made  by  it  the  following  particulars,  which  are 
in  addition  to  the  foregoing  requirements,  to  wit:  (a) 
the  total  length  of  all  the  lines  of  said  company,  whether 
within  or  outside  of  this  State,  and  (b)  the  total 
length  of  so  much  of  said  lines  as  are  within  this  State, 
and  (c)  the  length  of  its  lines  in  each  of  the  counties  of 
this  State  into  which  its  lines  extend.  The  length  of  the 
lines  of  the  telegraph  companies  shall  be  estimated  and 
stated  according  to  its  mileage  of  poles,  conduits  and  cables, 
or  either. 

11.  Every  refrigerator  car  company,  chair  car  company, 
stock  car  company,  tank  car  company,  and  every  other 
car  company,  except  sleeping  car  companies,  dining  car  com- 
panies and  palace  car  companies,  which  are  especially  ex- 
cepted from  the  provisions  of  this  bill,  and  except  railroad 
companies  under  the  control  of  the  Texas  Railroad  Commis- 
sion, shall  also  and  in  addition  to  the  said  foregoing  require- 
ments, show  by  each  of  its  said  statements,  (a)  the  total 
mileage  traveled  by  the  cars  of  said  company  during  "the 
next  preceding  12  months,  whether  within  this  State  or  be- 
yond its  borders,  and  (b)  the  total  mileage  traveled  by  such 
cars  within  the  State  during  the  same  period,  and  (c) 
the  mileage  traveled  by  such  cars  within  each  county  in 
this  State  during  said  period. 

12.  Every  express  company  shall  also,  in  addition  to  the 
foregoing  requirements  having  application  to  such  com- 
panies, show  (a)  its  total  gross  receipts  for  all  business 
done  under  its  charter,  whether  within  this  State  or  out- 
side of  it,  during  the  next  preceding  12  months,  and  (b) 
its  total  gross  receipts  within  this  State  for  the  same  kind 
of  business  done  during  the  same  period,  including  a  due 
proportion  of  receipts  from  interstate  business,  and  (c) 
its  total  gross  receipts  in  each  county  in  this  State  for 
the  same  kind  of  business  done  during  the  same  period. 

State  may  demand  additional  information.  §  4.  The 
State  comptroller  of  public  accounts  shall  receive  all  tax 
statements  offered  to  him  under  the  provisions  hereof,  and 
he  shall  endorse  upon  each  the  date  upon  which  he  re- 
ceived It,  signing  the  endorsement  ofllcially.  He  shall 
examine  the  statements  as  soon  as  may  be  practicable, 
and  if  any  of  them  are  insufficient,  or  if  he  shall  believe 
other  or  further  information  to  be  necessary,  he  shall  at 


once  demand  such  additional  statements  and  information 
as  he  may  think  proper. 

Statement  delivered  to  State  tax  hoard.  §  5.  On  the 
first  Monday  after  the  first  day  of  March  of  each  year, 
or  as  soon  thereafter  as  may  be  practicable,  the  said  comp- 
troller shall  place  all  facts  and  statements,  and  all  infor- 
mation relating  thereto  which  he  has  received,  before  a 
State  tax  board,  which  is  hereby  created,  and  which  shall 
consist  of  the  comptroller  of  public  accounts  and  the  sec- 
retary of  State  and  of  a  third  member,  to  be  known  as 
the  tax  commissioner  of  the  State  of  Texas,  who  shall  be 
appointed  by  the  governor,  with  the  advice  and  consent 
of  the  Senate,  subject  to  the  provisions  of  section  12  of 
article  4  of  the  State  Constitution.  The  tax  commissioner 
shall  hold  office  for  two  years,  and  until  his  successor  is 
appointed  and  qualified,  and  shall  receive  an  annual  com- 
pensation of  $2,500,  in  equal  installments,  payable  at  the 
end  of  each  month. 

State  tax  board  to  determine  values.  §  6.  Said  State 
tax  board  shall  carefully  examine  and  consider  the  said 
statements  and  information,  and  shall  hear  evidence  and 
secure  further  and  additional  information  so  far  as  may 
be  in  their  power  to  show  the  true  value  of  the  prop 
erties  aforesaid,  and  the  true  value  of  that  portion  of 
every  such  property,  which  is  situated  within  this  State 
and  within  the  respective  counties,  and  each  interested 
company,  corporation  and  association  may  appear  and 
introduce  material  and  relevant  testimony  before  the 
said  board,  touching  the  true  value  of  its  said  propertj 
within  this  State,  and  the  apportionment  thereof,  and 
the  board  shall  have  full  power  to  summon  and  sweai 
witnesses.  From  the  statements,  evidence  and  Informa 
tion  adduced  before  it,  the  State  tax  board  shall  ascer 
tain,  fix  and  determine  the  true  value  of  each  suet 
property,  and  of  the  portion  thereof,  which  is  situatec 
within  this  state,  and  the  respective  values  of  the  sev 
eral  portions  within  the  different  counties  thereof,  ir 
which  any  such  portions  are  taxable,  and  for  that  pur 
pose  said  board  may  require  and  compel  any  persoi 
or  persons,  or  the  officers  and  agents,  or  any  of  them 
of  any  company,  corporation  or  association  embracec 
within  the  terms  of  this  Act,  to  appear  before  it  witl 
such  books,  papers,  documents  and  information  as  th< 
board  may  require,  and  to  submit  themselves  to  ex 
amination   by   the   board. 

What  tax  board  may  take  into  consideration.     §  7. 
so    far    as    the    other    evidence    and    information    adduci 
before    them    does   not   make   it   appear   to    the   memberi 
of  the  said  State  tax  board  improper  or  unjust  for  then 
to  do  so,  said  board  shall,  in  fixing  the  true  cash  valij 
of   the   entire    i)roperty   of   any    company,    corporation 
association   embraced   within   the   provisions   hereof,   taMi 
as   a   basis   therefor  the  aggregate   market  or  true  vail    i 
of  all   its   shares   of   stock,   adding  thereto   the   aggrega    \ 
market    or    true    value    of    all    indebtedness,    secured    ]   j 
any    mortgage,    lien    or    other    charge    upon    its    proper   1 
or    assets,    and    the    sum    so    produced    shall    be    deem(  ll 
and   treated  as   the   true   cash   value  of  said   entire   prtj  j 
erty.      And.    in    cases    where    the    company,    corporate    j 
or    association     does     business    and    has    property    bo 
within   this    State   and   outside   of   it,   in   ascertaining  t   j 
true    cash    vaTue   of   its   property   within    this    State,    sa   j 
State    tax    board    shall    next    ascertain    from    the    sa   j 
statements,    or    otherwise,    the    market   or   true    value 
the   locality   where   the   same   is  situated,  of  each   of  ti 
several  pieces  of  real  estate  situated  outside  of  this  Stai 
and   of  its   other  properties,   if  any,   outside   thereof,   al 
not   specifically    used    in    the    business    of    said    compafl  J 
corporation    or    association,    and    the    aggregate    of    sa  j 
values    shall    be    deducted    from    the    gross    value    of   t  I 
property    as    above    ascertained,    and    the    result    of   t  I 
said   deduction,   and   the   sum  or  value  thereby  produc<  I 
shall   be   deemed   and   treated   as   the  true   cash   value 
all    the    property    of    the    said    company,    corporation 
association    in    actual    use    in    the    business.      The 
State  tax  board  shall  then  fix  the  value  of  the  property 
within  this  State,  using  as  a  basis  and  being  guided,  so 
far    as    it   shall    not   believe   it   unjust    to    do    so,    by   the 
proportion    which    it    finds    to    exist    between    the    total 
lines   or    total   receipts,   both   within   this    State    and   out- 
side  of  it,   and   the   lines   controlled   or   operated,   or  the 
receipts    obtained    entirely    within    this    State,    so    that 
there    shall    be    apportioned    to    this    State,    as    the    true 
value   of   the   property  within   its   borders   of  each   com- 


II 


sail 


Public  Service  Laws 


1397 


pany,  corporation,  person  and  association  doing  busi- 
ness witliin  and  outside  of  its  limits,  sucli  a  portion 
of  the  casli  value  of  all  of  the  property  of  such  com- 
pany, corporation,  individual  or  association  which  is 
specifically  us^d  in  its  business,  as  is  borne  by  its  total 
lines  or  total  receipts  within  this  State,  when  compared 
with  the  total  lines  or  total  receipts,  both  inside  and 
outside  of  the  State  of  Texas.  From  the  entire  value 
of  the  property  within  this  State,  when  ascertained  as 
directed  by  this  Act,  the  said  State  tax  board  shall 
deduct  the  assessed  value  for  taxation  of  all  the  prop- 
erty and  assets  of  said  company,  corporation  or  asso- 
ciation, as  the  same  is  found  to  be  assessed  for  State 
and  county  taxation,  in  the  locality  wherein  the  same 
Is  legally  taxable,  and  the  residue  and  remainder  of 
value  shall  be  by  the  said  board  fixed  and  determined 
as  the  true  value  of  the  unassessed  franchises  and  in- 
tangible properties  owned  and  held  by  said  company, 
corporation  or  association  within  this  State.  The  said 
State  tax  board  shall  apportion  the  sum  of  the  said 
total  taxable  values  within  the  State  among  and  be- 
tween the  counties  in  which  such  company,  corporation 
or  association  does  business,  in  proportion  to  the  amount 
of  business  done  in  and  the  receipts  derived  from  each 
locality,  except  that  in  case  of  a  railroad  company,  or 
of  a  car  company,,  or  a  telegraph  company,  then  the 
apportionment  to  each  county  shall  be  in  proportion 
to  the  line  or  car  mileage  therein;  provided,  however, 
that  the  said  tax  board  shall  have  the  right,  and  it  is 
hereby  declared  to  be  its  duty,  to  make  use  of  all  evi- 
dence put  before  it,  and  of  all  material  facts  at  its 
command  in  valuing  and  in  apportioning  the  values  of 
the  aforesaid  properties,  and  if  it  shall  believe  some 
other  method  of  calculation  than  fhat  herein  specifically 
prescribed  is  necessary  in  order  to  produce  Just  and 
lawful  results,  it  shall  follow  the  method  which,  under 
all  circumstances,  it  believes  best  calculated  to  bring 
about  a  fair  and  equitable  valuation  and  apportionment 
of    such    property. 

Intangible  assets  of  an  individual  may  be  taxed.  §  8. 
Whenever  any  person  or  association  of  persons,  not 
being  a  corporation,  nor  having  a  capital  stock,  shall 
engage  in  this  State  in  any  character  of  business  em- 
braced within  this  Act,  then  the  capital  and  property, 
or  the  certificates  or  other  evidences  of  the  rights  or 
interests  of  the  persons  engaged  in  such  business  shall 
be  deemed  and  treated  as  the  capital  stock  of  such  per- 
son or  association  of  persons,  for  the  purpose  of  taxa- 
tion, and  for  all  other  purposes  under  this  Act,  and  shall 
be  estimated  and  valued,  and  the  unassessed  intangible 
property  values  thereof  when  ascertained  shall  be  appor- 
tioned and  distributed  and  assessed  and  taxed  under 
the  provisions  hereof  in  like  manner  as  if  such  person 
or  association  of  persons  were  a  corporation,  and  each 
such  person  and  association  of  persons  shall  annually, 
within  the  time  and  in  the  manner  herein  provided, 
make  the  statements  and  reports  and  give  the  informa- 
tion required  by  this  Act  of  the  aforesaid  companies, 
corporations  and  associations,  and  shall  be  subject  to 
all  penalties  herein  fixed,  and  to  all  the  terms  and 
provisions    of    this    Act. 

State  board  reports  to  assessor.  §  9.  The  State  tax 
board,  after  having  first  determined  and  fixed  the  true 
cash  value  of  the  unassessed  intangible  property  within 
the  State  of  Texas  of  the  before-mentioned  individuals, 
companies,  corporations  and  associations,  in  accordance 
with  the  provisions  hereof,  shall,  annually,  on  or  before 
the  30th  day  of  May  of  each  year,  report  to  the  tax 
assessor  of  every  county  in  this  State  in  which  any  of 
said  intangible  and  unassessed  property  is  taxable  under 
this  Act,  a  description  of  the  property  taxable  therein, 
and  the  value  thereof  apportioned  to  said  county,  and 
the  name  and  residence  or  place  of  business  of  the 
owner,  and  all  other  necessary  particulars,  and  the  said 
property  shall  thereupon  be  assessed  by  the  assessor 
for  taxation,  in  like  manner  as  other  property,  and  shall 
be  equalized  and  taxed,  and  the  taxes  collected  as  in 
the  case  of  other  property.  And  so  long  as  any  corpora- 
tion, company  or  association  shall  pay  all  ad  valorem 
taxes  required  by  law,  the  individual  stockholders  shall 
not  be  required  to  list  its  shares  for  taxation,  or  to  pay 
ad  valorem  taxes  on  said  shares,  nor  shall  any  com- 
pany, corporation,  association,  person  or  persons  com- 
plying  with    the   provisions   of   this   Act   be    required   to 


pay  any  other  State  or  county  ad  valorem  taxes  on 
any   of   its   intangible   assets   in   Texas. 

Penalty  for  failure  to  make  returns.  §  10.  Every  per- 
son and  association  of  persons,  and  every  company, 
corporation  or  association  embraced  within  the  provisions; 
of  this  Act,  which  shall  fail  to  make  the  returns  and 
statements,  or  any  of  them,  herein  provided,  within  the 
time  herein  limited,  or  which,  after  reasonable  notice, 
shall  fail  to  give  any  additional  evidence,  or  to  furnisli 
any  additional  Information  required  by  the  said  State 
tax  board,  or  by  said  State  comptroller,  by  authority 
hereof,  shall  forfeit  and  pay  to  the  State  $200  tor  each 
and  every  day  during  which  it  shall  continue  in  default, 
which  shall  be  recovered  by  suit  by  the  attorney-general 
of  the  State  of  Texas,  and  the  venue  of  every  suit  is 
hereby  fixed  within  the  county  of  Travis,  in  said  State, 
and  the  courts  of  the  said  county  are  hereby  vested  with 
jurisdiction  of  the  said  causes. 

Receiver,  trustee,  etc.  §  11.  If  the  property  of  any  indi- 
vidual, company,  corporation  or  association  shall  be  in 
the  hands  of  any  receiver,  assignee,  trustee  in  bank- 
ruptcy, or  other  person  holding  under  any  court  or  for 
the  benefit  of  any  creditor,  or  creditors,  then  the  state- 
ments, reports,  information,  books  and  papers  aforesaid 
shall  be  furnished  by  said  receiver,  assignee,  trustee  or 
other  person,  or  by  some  officer  or  agent  acting  under  him, 
in  the  same  manner  and  to  the  same  extent  as  is  herein- 
before provided  in  cases  where  the  individual  or  the  com- 
pany or  association  is  in  possession. 

Gross  receipts  not  to  be  taxed.  §  12.  That  upon  th& 
taking  effect  of  this  Act,  and  upon  compliance  with  its 
provisions  by  the  individuals,  companies,  corporations  and 
associations  hereby  affected  and  upon  the  payment  of  the 
taxes  imposed  hereunder,  if  any  are  imposed,  all  laws  and 
parts  of  laws  laying  taxes  upon  the  gross  receipts  of  said 
Individuals,  companies,  corporations  and  associations  shall 
be  and  the  same  are  hereby  repealed. 

Repeal.  §  13.  That  all  laws  and  parts  of  laws  in  con- 
fiict  herewith  shall  be  and  the  same  are  hereby  repealed. 

Approved  April  17,  1905.  In  effect  90  days  after  ad- 
journment. 

TAXING   GROSS   RF.CEIPTS.    - 

Acts,  1905— Page  336. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Railroads  to  pay  one  per  cent  of  gross  receipts.  §  1. 
Every  railroad  corporation,  or  the  receiver  thereof,  and 
every  other  person,  firm  or  association  of  persons,  own- 
ing, operating,  managing  or  controlling  any  line  of  rail- 
road in  this  State,  for  the  transportation  of  passengers, 
freight  and  baggage,  or  either,  shall  pay  to  the  State  an 
annual  tax  for  the  year  1905,  and  for  each  calendar  year 
thereafter,  equal  to  one  per  centum  of  its  gross  receipts, 
if  such  line  of  railroad  lies  wholly  within  the  State;  and 
if  such  line  of  railroad  lies  partly  within  and  partly  with- 
out the  State,  it  shall  pay  a  tax  equal  to  such  proportion 
of  the  said  one  per  centum  of  its  gross  receipts  as  the 
length  of  the  portion  of  such  line  within  the  State  bears 
to  the  whole  length  of  such  line;  provided,  that  if  satis- 
factory evidence  is  submitted  to  the  comptroller  at  any 
time  prior  to  the  date  fixed  in  section  2  of  this  Act  for 
the  payment  of  the  tax  herein  imposed,  that  any  other 
proportion  more  fairly  represents  the  proportion  which  the 
gross  receipts  of  any  such  railroad  for  any  year  within 
this  State  bears  to  its  total  gross  receipts,  it  shall  be  his 
duty  to  levy  and  collect  for'  such  year  from  such  railroad 
a  tax  equal  to  such  other  proportion  of  one  per  centum 
of  its  total  gross  receipts. 

Annual  report  to  the  State.  §  2.  For  the  purpose  of 
determining  the  amount  of  such  tax,  the  president,  vice- 
president,  general  manager,  treasurer  or  superintendent 
of  such  railroad  corporation,  or  the  receiver  thereof,  or 
such  other  person,  firm  or  association  of  persons  shall, 
on  or  before  the  first  day  of  October,  1905,  and  annually 
thereafter,  report  to  the  comptroller  of  public  accounts, 
under  oath,  the  gross  receipts  of  such  line  of  railroad 
from  every  source  whatsoever,  for  ihe  year  ending 
on  the  thirtieth  day  of  June  last  preceding,  and  shall  im- 
medfately  pay  to  the  State  treasurer  the  annual  tax  herein 
Imposed,  calculated  on  the  gross  receipts  so  reported. 
The  comptroller  shall  have  power  to  require  such  other 
reports  and  affidavits  as  may  in  his  judgment  be  necessary 
to  protect  the  interests  of  the   State;    and   it  shall  esti- 


1298 


National  Association  of  Railway  Commissioneus 


mate  such  tax  on  the  true  gross  receipts  thereby  dis- 
closed, and  assess  and  enforce  the  collection  of  such  tax. 

Fine  for  failing  to  report.  §  3.  Each  person  required 
to  make  reports  by  this  Act,  or  by  the  comptroller  of  pub- 
lic accounts,  under  the  powers  herein  given,  who  shall  fail 
or  refuse  to  make  such  reports,  for  a  longer  period  than  30 
days,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  any  sum  not  less  than  $100  nor 
more  than  $500,  and  each  day  of  failure  or  refusal,  after 
said  30  days,  shall  constitute  a  separate  offense. 

Further  penalties  for  same.  §  4.  Should  such  report 
not  be  filed  with  the  cornptroller,  and  the  annual  tax 
thereon  estimated  paid  to  the  treasurer  on  or  before  the 
first  day  of  October  of  any  year,  a  penalty  of  10  per  centum 
upon  the  amount  of  such  tax  accrue  thereon  and  be  added 
thereto;  and  in  case  such  report  is  not  made  or  such  tax 
and  the  penalty  thereon  are  not  paid  on  or  before  the  first 
day  of  November  thereafter,  or  in  case  of  a  failure  to  fur- 
nish the  additional  report  or  affidavit  required  by  the 
comptroller,  for  a  longer  period  than  30  days,  after  demand 
therefor,  or  in  case  of  failure  to  pay  within  30  days  any 
tax  or  additional  tax  assessed  by  the  comptroller,  under 
this  Act,  every  such  railroad  corporation,  or  receiver  there- 
of, or  other  such  person,  firm  or  association  of  persons 
shall  forfeit  and  pay  to  the  State  the  sum  of  $200  for 
each  day  any  of  said  reports  or  payments  may  be  declared 
after  the  expiration  of  such  periods  respectively. 

Attorney-general  to  sue.  §  5.  The  attorney-general  is 
authorized  and  required,  upon  request  by  the  comptroller, 
to  bring  suit  in  the  name  of  the  State  in  Travis  County, 
against  the  proper  parties  defendant,  to  recover  all  taxes, 
penalties  and  forfeitures  mentioned  in  this  Act,  and  venue 
and  jurisdiction  of  such  suits  is  hereby  expressly  conferred 
upon  the  courts  of  Travis  County.  Service  of  all  process 
issued  in  such  suits  may  be  had  upon  any  officer  or  agent 
of  such  person,  firm,  association  of  persons,  corporation, 
or  receiver  thereof,  within  this  State,  and  such  service 
shall  in  all  respects  be  held  legal  and  valid. 

Tax  is  additional  to  other  taxes.  §  6.  The  tax  provided 
lor  by  this  Act  shall  be  in  addition  to  all  other  taxes  levied 
by  law.  Subdivision  36,  of  article  5049,  Revised  Statutes 
of  1895,  and  any  existing  statute  imposing  a  tax  upon  the 
gross  passenger  earnings  of  railroads,  is  hereby  repealed. 

Not  imposed  on  those  paying  tax  on  intangihle  assets. 
§  7.  The  tax  imposed  by  this  Act  shall  not  be  levied  upon 
or  collected  from  any  person,  firm,  association,  corpora- 
tion or  receiver  owning,  operating,  managing  or  controlling 
any  line  of  railroad  in  this  State  after  such  person,  firm, 
association,  corporation  or  receiver  shall  have  paid  the  tax 
upon  its  intangible  assets  as  provided  for  in  an  Act  of 
the  twenty-ninth  legislature  entitled,  "An  Act  for  the 
taxation  of  the  intangible  assets  of  certain  corporations,  and 
to  provide  for  the  creation  of  a  State  tax  board  for  the 
valuation  of  such  intangible  assets,  and  for  the  distribution 
of  said  valuation  for  local  taxation,  and  for  the  assess- 
ment of  said  assets,  and  the  levy  and  collection  of  taxes 
thereon,"  while  the  same  may  be  in  force  and  effect. 

Emergency.  §  8.  The  depleted  condition  of  the  treas- 
ury, and  the  fact  that  the  railroads  of  the  State  under 
existing  laws  pay  far  less  than  their  fair  share  of  the  ex- 
penses of  the  State  government,  creates  an  emergency  within 
the  meaning  of  the  constitution,  and  an  imperative  public 
necessity  that  the  constitutional  rule  requiring  bills  to 
be  read  on  three  several  days  be  suspended,  and  that  this 
Act  take  effect  and  be  in  force  from  and  after  its  passage; 
and  it  is  so  enacted. 

Approved  April  17,  1905.  In  effect  90  days  after  ad- 
journment. 

KEQUIRINQ    REPOBT    AS    TO    ROLLING    STOCK. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

§  1.  That  article  5083,  chapter  2,  title  CIV,  of  the 
Revised  Civil  Statutes  of  Texas,  1895,  be,  and  the  same 
Is  hereby,  amended  to  hereafter  read  as  follows: 

atatement  by  railroad  required.  Art.  5083.  (4687.)  It 
shall  be  the  duty  of  every  railroad  corporation  in  this 
State  to  deliver  a  sworn  statement,  on  or  before  the 
first  day  of  April  in  each  year,  to  the  assessor  of  the 
county  in  which  its  principal  office  is  situated,  setting 
forth  the  true  and  full  value  of  the  rolling  stock  of 
said  railroad,  together  with  the  names  of  all  the  coun- 
ties through  which  it  runs,  and  the  number  of  miles 
of  roadbed   in  each  of  said   counties,  and  said  statement 


shall  be  submitted  to  the  board  of  equalization  of  the 
county  in  which  its  principal  office  is  situated  for  review, 
as  is  provided  by  article  5120  of  this  Code,  and  the 
other  laws  of  this  State,  in  respect  to  boards  of  equaliza- 
tion, on  the  first  Monday  in  June  in  6ach  year,  or  as 
soon  thereafter  as  practicable,  and  such  board  shall 
certify  such  final  valuation,  when  made,  without  delay, 
to  the  comptroller  of  public  accounts,  who  shall  proceed 
at  once  to  apportion  the  amount  of  sdch  valuation 
among  the  said  counties  in  proportion  to  the  distance 
such  roads  shall  run,  through  any  such  county,  and 
Fhall  certify  such  apportionment  to  the  assessors  of 
such  counties,  and  the  same  shall  constitute  part  of  the 
tax  assets  of  such  counties,  and  the  assessor  of  each 
of  said  counties  shall  list  and  enter  the  same  upon  the 
rolls  for  taxation,  as  other  personal  property  situated 
in  said  county.  And  said  railroad  corporation  shall  also 
report  in  a  separate  sworn  statement  all  rolling  stoclc 
operated  by  it,  under  rental,  hire,  lease  or  other  form 
'of  contract,  which  it  does  not  render  for  taxation,  gi\- 
ing  the  true  and  full  value  of  such  rolling  stock  and 
the  amount  paid,  or  promised  to  be  paid,  for  rental, 
hire,  lease  or  use  under. form  of  contract,  together  wit:i 
the  name  of  person,  firm,  corporation  or  associatio  i 
owning  such  rolling  stock,  and  together  with  the  pos;- 
offlce  address  of  such  person  or  firm,  or  if  it  be  a  cor- 
poration or  association,  then  the  city,  county  and  Stat  3 
of  its  principal  office,  and  if  from  said  statement  it 
appears  that  said  rolling  stock  belongs  to  any  person 
residing  in  the  State  of  Texas,  or  to  any  firm  doin ; 
business  in  the  State  of  Texas,  or  to  any  corporatioi 
or  association  organized  under  the  laws  of  the  Stat  ■ 
of  Texas,  then  said-  statement  shall  be  certified  by  th  ■ 
tax  assessor  to  whom  it  is  made  to  the  tax  assesso  - 
of  the  county  in  which  such  person  lives  or  such  firr  i 
does  business,  or  such  corporation  or  association  has  it  ^ 
principal  office,  and  said  statement  shall  be  by  the  t^ij 
assessor,  to  whom  it  is  certified,  submitted  to  the  boa 
of  equalization  of  the  county  for  review,  and  the  san 
shall  be  equalized  by  the  board  of  equalization  of  sue): 
county  and  certified  to  the  comptroller,  and  apportioned 
by  the  comptroller  in  the  same  manner  as  other  rollim 
stock  is  certified  and  apportioned  under  the  precedinjj 
provisions  of  this  article,  and  if  it  appears  from  s^ 
statement  that  the  person,  firm,  corporation  or  assoc 
tion  owning  such  rolling  stock  is  a  non-resident  of  t 
State  of  Texas,  then  said  statement  shall  be  submit! 
to  the  board  of  equalization  of  the  county  in  which 
principal  office  of  the  railroad  company  using  the  sai 
under  rental,  hire,  lease  or  other  form  of  contract 
situated,  which  statement  shall  be  reviewed  by  sj 
board  of  equalization,  and  said  property  assessed  agai] 
the  owner,  and  certified  to  the  comptroller  and  t 
valuation  apportioned  against  said  owner  by  the  con 
troller  in  the  same  manner  as  rolling  stock  belong! 
to    the    railroad    corporation    furnishing   the    list. 

Emergency.  §  2.  The  fact  that  there  is  now  no  1) 
which  requires  railroad  companies  to  report  for  taxati 
rolling  stock  operated  by  them  under  rental,  hi 
lease  or  oth^r  form  of  contract  creates  an  emergen  J 
and  an  imperative  public  necessity  requiring  that  if 
constitutional  rule  requiring  bills  to  be  read  on  thi 
several  days  be  suspended  and  this  Act  go  into  eff( 
from   and  after  its  passage,  and  it  is  so  enacted. 

Approved    April    15,    1907. 

Became    a    law    April    15,    1907. 

liability  of  railroads  to  their  employes  foi/ personal 

JURIES. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Railroad  liable  in  damages.     §  1.     That  every  corpo 
tion,   receiver  or  other  person  operating  any   railroad 
this    State    shall    be    liable    in    damages    to    any    perj 
suffering   injury    while    he    is   employed    by    such    can; 
operating  such  railroad;   or,  in  case  of  the  death  of  sri 
employe,    to    his   or    her    personal    representative    for    the 
benefit  of  the  surviving  widow  and  children,  or  husband 
and    children,    and    mother    and    father   of    the    deceased, 
and,    if   none,    then   of   the   next   of   kin    dependent   upon 
such    employe    for    such    injury    or    death    resulting    in 
whole    or    in    part    from    the    negligence    of    any    of    the 
officers,    agents    or    employes    of    such    carrier,    or    by 
reason    of   any    defect   or    insufficiency   due   to   its   negll- 


Public  Service  Laws 


1299 


gence,  in  its  cars,  engines,  appliances,  machinery,  track, 
roadbed,  works,  boats,  wharves  or  other  equipment; 
provided,  the  amount  recovered  shall  not  be  liable  for 
the  debts  of  the  deceased  and  shall  be  divided  among 
the  persons  entitled  to  the  benefit  of  the  action,  or  such 
■  of  them  as  shall  be  alive,  in  such  shares  as  the  jury, 
or  court  trying  the  case  without  a  jury,  shall  deem 
proper;  and  provided,  in  case  of  the  death  of  such  em- 
ploye, the  action  may  be  brought  without  administration 
by  all  the  parties  entitled  thereto,  or  by  any  one  or 
more  of  them  for  the  benefit  of  all,  and  if  all  parties 
be  not  before  the  court  the  action  may  proceed  for  the 
benefit  of  such  of  said  i)arties  as  are  before  the  court. 
Contributory  negligence  no  defense.  %  2.  That  in  all 
actions  hereafter  brought  against  any  such  common 
carrier  (or)  railroad  under  or  by  virtue  of  any  of  the 
provisions  of  this  Act  to  ■  recover  damages  for  personal 
injuries  to  any  employe,  or  where  such  injuries  have 
resulted  in  his  death,  the  fact  that  the  employe  may 
have  been  guilty  of  contributory  negligence  shall  not 
bar  a  recovery,  but  the  damages  may  be  diminished  by  the 
jury  in  proportion  to  the  amount  of  negligence  attributable 
to  such  employe;  provided,  that  no  such  employe  who  may 
be  injured  or  killed  shall  be  held  to  have  been  guilty  of 
contributory  negligence  in  any  case  where  the  violations 
by  such  common  carrier  of  any  statute  enacted  for  the 
safety  of  employes  contributed  to  the  injury  or  death  of 
such  employe. 

Assumption  of  risk.  §  3.  That  any  action  brought 
against  any  common  carrier  under  or  by  virtue  of  the 
provisions  of  this  Act  to  recover  damages  for  injuries 
to,  or  the  death  of  any  of  its  employes,  such  employe 
shall  not  be  held  to  have  assumed  the  risks  of  his 
employment  in  any  case  where  the  violation  of  such  com- 
mon carrier  of  any  statute  enacted  for  the  safety  of 
employes  contributed  to  the  Injury  or  death  of  such 
employe. 

Contract  exemption  from  liability  void.  §  4.  That  any 
contract,  rule,  regulation  or  device  whatsoever,  the  pur- 
pose or  intent  of  which  shall  be  to  enable  any  common 
carrier  to  exempt  itself  from  any  liability  created  by 
this  Act,  shall  to  that  extent  be  void;  provided,  that  in 
any  action  brought  against  any  such  common  carrier 
under  or  by  virtue  of  any  of  the  provisions  of  this  Act, 
such  common  carrier  may  set  off  therein  any  sum  it 
has  contributed  or  paid  to  any  insurance,  relief,  benefit 
or  indemnity  that  may  have  been  paid  to  the  injured 
employe  or  the  person  entitled  thereto  on  account  of 
the   injury   or  death   for   which   said   action   was   brought. 

Remedy  cumulative.  §  5.  That  nothing  in  this  Act 
shall  be  held  to  limit  the  duty  or  liability  of  common 
carriers  or  to  impair  the  rights  of  their  employes  under 
"The  Assumed  Risk  Law,"  enacted  by  the  twenty-ninfii 
legislature,  and  known  as  chapter  163,  page  386,  of  the 
General  Laws  of  the  Twenty-Ninth  Legislature,  any 
other  Act  or  Acts  of  the  legislature  of  this  State,  though 
in  case  of  conflict  this  law  shall  prevail,  or  to  affect 
the  prosecution  of  any  pending  proceeding  or  right  of  ac- 
tion under  the  laws  of  this  State. 

Emerge7icy.  §  6.  The  fact  that  a  conflict  may  arise 
between  the  federal  courts  and  the  courts  of  this  State 
in  construing  the  federal  (statutes)  and  the  State 
statutes  of  this  State  in  suits  against  common  carriers 
by  employes  for  damages  on  account  of  personal  in- 
juries, creates  an  emergency  and  an  imperative  public 
necessity  exists  that  the  constitutional  rule  requiring 
bills  to  be  read  on  three  several  days  be  suspended, 
and  that  this  Act  take  effect  and  be  in  force  from  and 
after   its    passage,    and    it    is    so    enacted. 

Approved  April  13,  1909. 

ASSUMPTION    OF    RISK. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Defence  not  available  in  certain  cases.  §  1.  That  In 
any  suit  against  a  person,  corporation  or  receiver  operating 
a  railroad  or  street  railway  for  damages  for  the  death  or 
personal  injury  of  an  employe  or  servant,  caused  by 
the  wrong  or  negligence  of  such  person,  corporation  or 
receiver,  that  the  plea  of  assumed  risk  of  the  deceased 
or  injured  employe  where  the  ground  of  the  plea  is 
knowledge  or  means  of  knowledge  of  the  defect  and 
danger  which  caused  the  injury  or  death  shall  not  be 
available   in   the   following   cases: 

First.     Where  such  employe  had  an  opportunity  before 


being  injured  or  killed  to  inform  the  employer  or  a 
superior  entrusted  by  the  employer  with  the  authority 
to  remedy  or  cause  to  be  remedied  the  defect,  and  does 
notify  or  cause  to  be  notified  the  employer  or  superior 
thereof  within  a  reasonable  time;  provided,  it  shall  not 
be  necessary  to  give  such  information  where  the  em- 
ployer or  such  superior  thereof  already  knows  of  the 
defect. 

Second.  Where  a  person  of  ordinary  care  would 
have  continued  in  the  service  with  the  knowledge  of  the 
defect  and  danger,  and  in  such  case  it  shall  not  be  neces- 
sary that  the  servant  or  employe  give  notice  of  the 
defect   as    provided    in    subdivision    1    hereof. 

Emergency.  §  2.  The  fact  that  there  is  now  no  ade- 
quate law  protecting  employes  on  railroads  in  their  em- 
ployment from  damages  in  operating  defective  machinery 
creates  an  emergency  and  an  imperative  public  neces- 
sity that  the  constitutional  rule  which  requires  bills  to 
be  read  on  three  several  days  in  each  house  be  sus- 
pended, and  said  rule  is  hereby  suspended,  and  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage,  and  it  is  so  enacted. 

Approved    April    24,    1905. 

REGULATING    TRAIN    CREWS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Minimum  passenger  crew  four  persons.  §  1.  That  It 
shall  be  unlawful  for  any  railroad  company  doing  busi- 
ness in  the  State  of  Texas  to  run  over  its  road,  or  part 
of  its  road  outside  of  the  yard  limits,  any  passenger 
train  with  less  than  a  full  passenger  crew,  consisting 
of  four  persons,  one  engineer,  one  fireman,  one  con- 
ductor and  one  brakeman. 

Minimum  freight  crew  five  persons.  §  2.  It  shall  be 
unlawful  for  any  railroad  company  doing  business  in  the 
State  of  Texas  to  run  over  its  road,  or  part  of  its  road 
outside  the  yard  limits,  any  freight  train,  gravel  train 
or  construction  train  with  less  than  a  full  crew,  con- 
sisting of  five  persons,  one  engineer,  one  fireman,  one 
conductor    and    two    brakemen. 

Light  engines — Exceptions.  §  3.  It  shall  be  unlawful 
for  any  railroad  company  doing  business  in  the  State 
of  Texas  to  run  over  its  road,  or  part  of  its  road  out- 
side of  the  yard  limits,  any  light  engine  without  a  full 
train  crew,  consisting  of  three  persons,  one  engineer, 
one  fireman  and  one  conductor;  provided,  that  nothing 
in  this  Act  shall  be  construed  as  applying  in  the  case 
of  disability  of  one  or  more  of  any  train  crew  while 
out  on  the  road  between  division  terminals,  or  to  switch- 
ing crews  in  charge  of  yard  engines  or  which  may  be 
required    to   push   trains   out  of  yard   limits. 

Penalty  for  violation  of  the  statute.  §  4.  Any  railroad 
company  doing  business  in  the  State  of  Texas  which 
shall  violate  any  of  the  provisions  of  this  Act  shall  be 
liable  to  the  State  of  Texas  for  a  penalty  of  not  less 
than  $100  or  more  than  $1,000  for  each  offense,  and 
such  penalty  shall  be  recovered  and  suit  brought  in  the 
name  of  the  State  of  Texas,  in  a  court  of  proper  juris- 
diction in  Travis  County,  Texas,  or  in  any  county  in  or 
through  which  such  line  of  railroad  may  run,  by  the  at- 
torney-general or  under  his  direction,  or  by  the  county  or 
district  attorney  in  any  county  in  or  through  which 
such  line  of  railroad  may  be  operated,  and  such  suits 
shall  be  subject  to  the  provisions  of  article  4577,  Re- 
vised  Statutes  of   the   State   of  Texas'. 

In  effect  forthxvith.  §  5.  The  fact  that  there  are  now 
no  adequate  laws  for  the  protection  of  a  large  portion 
of  our  citizens  employed  by  railway  companies,  and 
passengers  riding  on  railway  trains,  creates  an  emer- 
gency and  an  imperative  public  necessity  requiring  the 
suspension  of  the  constitutional  rule  which  requires 
bills  to  be  read  on  three  several  days  in  each  house, 
and  the  rule  is  hereby  suspended,  and  that  this  Act 
take  effect  and  be  in  force  from  and  after  its  passage, 
and   it   is   so   enacted. 

Approved   March   25,   1907. 

RAILROAD  COMPANIES— DEFINING  WHAT  SHALL  BE 
A  FULL  CREW  ON  TRAINS  AND  ENGINES. 

PENALTIES   AND  EXEMPTIONS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Passenger  crew.  §  1.  That  it  shall  be  unlawful  for  any 
railroad  company  or  receiver  of  any  railroad  company 
doing   business   in   the    State   of   Texas    to   run   over   its 


1300 


National  Association  of  Railway  Commissioners 


road,  or  part  of  its  road  outside  of  the  yard  limits,  any 
passenger  train  with  less  than  a  full  passenger  crew, 
consisting  of  four  persons,  one  engineer,  one  fireman, 
one  conductor  and   one  brakeman. 

Freight  crew.  §  2.  It  shall  be  unlawful  for  any  rail- 
road company  or  receiver  of  any  railroad  company  do- 
ing business  in  the  State  of  Texas  to  run  over  its  road, 
or  part  of  its  road,  outside  of  the  yard  limits,  any  light 
engine  without  a  full  train  crew,  consisting  of  threo 
persons,  one  engineer,  one  fireman  and  one  conductor; 
provided,  that  nothing  in  this  Act  shall  be  construed 
as  applying  in  the  case  of  disability  of  one  or  more  of 
any  train  crew  while  out  on  the  road  between  division 
terminals,  or  switching  crews  in  charge  of  yard  engines 
or  which  may  be  required  to  push  trains  out  of  yard 
limits. 

Penalty.  §  4.  Any  railroad  company  or  receiver  of  any 
railroad  company  doing  business  in  the  State  of  Texas 
which  shall  violate  any  of  the  provisions  of  this  Act 
shall  be  liable  to  the  State  of  Texas  for  a  penalty  of 
not  less  than  $100  or  more  than  $1,000  for  each  offense, 
and  such  penalty  shall  be  recovered  and  suit  brought 
In  the  name  of  the  State  of  Texas  in  a  court  of  proper 
jurisdiction  in  Travis  County,  Texas,  or  in  county  in 
or  through  which  said  line  of  railroad  may  run,  by  the 
attorney-general  or  under  his  direction,  or  by  the  county 
or  district  attorney  in  any  county,  or  through  which 
such  line  of  railroad  may  be  operated,  and  such  suits 
shall  be  subject  to  the  provisions  of  article  4577,  Re- 
vised  Statutes   of   the   State  of  Texas. 

Applicable  to  what  roads.  §  4a.  The  provisions  of  this 
Act  shall  not  apply  to  or  include  any  railroad  company 
or  receiver  or  manager  thereof  of  any  line  of  railroad 
in  this   State   less   than   20  miles  in  length. 

Emergency.  §  5.  The  fact  that  there  are  now  no  ade- 
quate laws  for  the  protection  of  a  large  portion  of  our 
citizens  employed  by  railroad  companies  and  receivers 
of  railroad  companies  and  passengers  riding  on  railroad 
trains,  by  reason  of  no  existing  adequate  provision  for 
the  necessary  train  crews,  creates  an  emergency  and 
Imperative  public  necessity  requiring  the  suspension  of 
the  constitutional  rule  which  requires  bills  to  be  read 
on  three  several  days  in  each  house,  and  the  rule  is 
hereby  suspended;  and  that  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage,  and  it  is  so 
enacted. 

Approved  March  20,  1909.  In  effect  90  days  after 
adjournment. 

LIMITING  HOURS   OF  SERVICE  OF  TRAIN  CREWS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Sixteen  hours'  limit  fixed — Unlawful  to  exceed  it.  §  1. 
That  it  shall  be  unlawful  for  any  railroad  company  or 
receiver  of  any  railroad  company  operating  any  line  of 
railroad  in  whole  or  in  part  in  this  State,  or  any  officer 
or  agent  of  such  railroad  company  or  receiver,  to 
require  or  permit  any  conductor,  engineer,  fireman  or 
brakeman  to  be  or  remain  on  duty  for  a  longer  period 
than  16  consecutive  hours;  and  whenever  any  such 
conductor,  engineer,  fireman  or  brakeman  shall  have 
been  continuously  on  duty  for  16  hours  he  shall  be 
relieved,  and  shall  not  be  required  or  permitted  again 
to  go  on  duty  until  he  has  had  at  least  10  consecutive 
hours  off  duty;  and  no  such  conductor,  engineer,  fire- 
man or  brakeman  who  has  been  on  duty  16  hours  in 
the  aggregate  in  any  24-hour  period  shall  not  be  required 
or  permitted  to  continue  or  again  go  on  duty  without 
having  had  at  least  eight  consecutive  hours  off  duty. 

Penalty.  §  2.  That  any  railroad  company  or  receiver 
of  any  railroad  company  operating  a  line  of  railroad  in 
whole  or  in  part  in  this  State,  or  any  officer  or  agent 
of  such  railroad,  or  receiver,  who  shall  violate  any  of 
the  provisions  of  this  Act  shall  be  liable  to  a  penalty 
of  not  to  exceed  $500  for  each  and  every  violation,  and 
any  such  penalty  shall  be  recovered  and  suit  therefor 
ehall  be  brought  in  the  name  of  the  State  of  Texas  in 
any  court  having  jurisdiction  of  the  amount,  in  Travis 
County  or  in  any  county  into  or  through  which  said 
railroad  may  pass.  Any  suit  or  suits  to  recover  a 
penalty  or  penalties  for  violating  any  of  the  provisions 
of  this  Act  may  be  brought  either  by  the  attorney-general 
or  under  his  direction,  or  by  the  county  attorney  or 
district  attorney  of  any   county  or  judicial   district  Into 


or  through  which  said  railroad  may  pass,  and  such  at- 
torney bringing  such  suit,  or  suits,  shall  be  entitled 
to  compensation  of  one-third  of  any  penalty  or  penalties 
recovered  therein.  In  all  prosecutions  under  this  Act 
against  any  railroad  company,  or  receiver  of  any  railroad 
company,  such  company  or  receiver  shall  be  deemed  to 
have  had  knowledge  of  all  acts  of  its  officers  and  agents; 
provided,  that  the  provisions  of  this  Act  shall  not  apply 
in  any  case  of  casualty  or  unavoidable  accident,  or  the 
act  of  God,  nor  where  the  delay  was  the  result  of  a 
cause  not  known  to  the  carrier  or  its  officer  or  agent 
In  charge  of  any  conductor,  engineer,  fireman  or  brake- 
man  at  the  time  such  conductor,  engineer,  fireman  or 
brakeman  left  a  terminal,  and  which  act  could  not  have 
been  foreseen;  provided,  further,  that  the  provisions  of 
this  Act  shall  not  apply  to  crews  of  wrecking  or  relief 
trains. 

Repeal.  §  3.  That  chapter  51  of  the  general  laws  of  thu 
State  of  Texas,  passed  at  the  regular  session  of  the  thir- 
tieth legislature,  approved  April  1,  1907,  limiting  the  hours 
of  service  of  certain  railroad  employes,  and  chapter  5  of 
the  General  Laws  of  the  State  of  Texas,  passed  at  the  first 
called  session  of  the  thirtieth  legislature,  approved  May  10, 
1907,  amendatory  of  the  Act  contained  in  chapter  51  of 
the  General  Laws  of  the  regular  session,  be  and  the  same 
are  hereby  repealed. 

Emergency.  S  4.  That  the  fact  that  the  existing  law 
of  the  State  of  Texas  limiting  the  hours  of  service  of  coi- 
ductors,  engineers,  firemen  and  brakemen,  is  not  in  har- 
mony with  the  Act  of  congress  relating  to  the  same  su> 
ject  and  that  it  is  important  that  State  and  National  legis- 
lation on  the  subject  shall  prescribe  uniform  regulations, 
creates  an  emergency,  and  an  imperative  public  necessity 
that  the  constitutional  rule  requiring  bills  to  be  read  c  n 
three  several  days  be  suspended,  and  that  this  Act  t 
effect  from  and  after  its  passage,  and  it  is  so  enacted. 

Approved  March  20,  1909. 


11 


EIGHT-HOUR  DAT   FOR  OPERATORS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Unlawful  to  work  block  system  operators  more  the  n 
eight  hours  per  day.  §  1.  That  it  shall  be  unlawful  fi  r 
any  person,  corporation  or  association  operating  a  railroE  d 
within  this  State  to  permit  any  telegraph  or  telephone  o  )- 
erator  who  spaces  trains  by  the  use  of  the  telegraph  or  tel  ;- 
phone  under  what  is  known  and  termed  "Block  System  '' 
defined  as  follows:  Reporting  trains  to  another  office  (  r 
offices,  or  to  a  train  dispatcher  operating  one  or  mo;  e 
trains  under  signals,  and  telegraph  and  telephone  lever- 
men  who  manipulate  interlocking  machines  in  railrot  d 
yards  or  on  main  tracks  out  on  the  lines  connecting  si(  e 
tracks  or  switches,  or  train  dispatchers  in  its  servii  e 
whose  duties,  substantially,  as  hereinbefore  set  forth,  p«r- 
tain  to  the  movement  of  cars,  engines  or  trains  on  its  ra  1- 
road  by  the  use  of  the  telegraph  or  telephone  in  dispatc  i- 
ing  or  reporting  trains  or  receiving  or  transmitting  tra  n 
orders  as  interpreted  in  this  section,  to  be  on  duty  fur 
more  than  eight  hours  in  any  24  consecutive  hours;  pro- 
vided, that  the  provisions  of  this  Act  shall  not  apply  o 
railroad,  telegraph  or  telephone  operators  at  stations  whe  e 
the  services  of  only  one  operator  is  needed. 

Penalty.  §2.  And  be  it  enacted,  that  any  person,  corjo- 
ration  or  association  that  shall  violate  §  1  of  this  Act  shs  11 
pay  a  fine  of  $100  for  each  violation  of  this  Act. 

Unlaicful  for  operator  to  work  longer  than  eight  ho 
per  day.  §3.  It  shall  be  unlawful  for  any  railroad,  te  e^ 
graph  or  telephone  operator  to  work  more  than  eight  hours 
in  24  consecutive  hours  at  such  occupation,  and  any  su  ;h 
operator  violating  this  section  shall  pay  a  fine  in  any  sum 
not  less  than  $25  nor  more  than  $100;  provided,  that  in 
case  of  an  emergency  any  operator  may  remain  on  duty 
for  an  additional  two  hours. 

Fines,  how  recovered.  §  4.  And  be  It  enacted,  that  tie 
fine  mentioned  in  §  2  of  this  Act  shall  be  recovered  by  in 
action  of  debt  in  the  name  of  the  State  of  Texas  for  tie 
use  of  the  State,  who  shall  sue  for  it  against  such  person, 
corporation  or  association  violating  this  Act,  said  suit  to 
be  instituted  in  any  court  in  this  State  having  appropriate 
jurisdiction. 

Payable  into  school  fund.  §  5.  And  be  it  enacted,  that 
the  said  fine,  when  recovered  as  aforesaid,  shall  be  paid 
into  the  public  school  funds  of  the  State  of  Texas. 

In  effect  forthwith.     §  6.    Owing  to  the  crowded  condi- 


shsll. 
te  ^" 


Public  Service  Laws 


1301 


tion  of  the  calendar,  the  near  approach  of  the  end  of  the 
session  and  the  necessity  for  a  law  providing  for  an  eight- 
hour  day  for  railroad  telegraphers,  creates  an  emergency 
and  an  imperative  public  necessity  requiring  the  constitu- 
tional rule  requiring  bills  to  be  read  on  three  several  days 
In  each  house  be  suspended,  and  that  this  bill  take  effect 
and  be  In  force  from  and  after  its  passage,  and  it  is  so 

Approved  April  16,  1907. 

BLACKLISTING. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Blacklisting  defined.  §  1.  Either  or  any  of  the  follow- 
ing acts  shall  constitute  a  discrimination  against  persons 
seeking  employment: 

(1)  Where  any  corporation  or  receiver  of  same,  doing 
business  in  this  State,  or  any  agent  or  officer  of  any  such 
corporation  or  receiver,  shall  blacklist,  prevent,  or  attempt 
to  prevent,  by  word,  writing,  sign  or  list,  or  other  means, 
directly  or  indirectly,  any  discharged  employe,  or  any  em- 
ploye who  may  have  voluntarily  left  said  corporation's 
service,  from  obtaining  employment  with  any  other  per- 
son, company  or  corporation,  except  by  truthfully  stating 
in  writing  on  request  of  such  former  employe,  the  reason 
why  such  employe  was  discharged,  or  his  relationship  to 
9uch  company  ceased. 

(2)  Where  any  corporation  or  receiver  of  same,  doing 
business  in  this  State,  or  any  officer  or  agent  of  such  cor- 
poration 01  receiver,  shall  by  any  means,  directly  or  in- 
directly, communicate  to  any  other  person  or  corporation 
any  Information  in  regard  to  a  person  who  may  seek  em- 
ployment of  such  person  or  corporation,  and  fails  to  give 
such  person,  in  regard  to  whom  the  communication  may 
be  made,  within  10  days  after  demand  therefor,  a  complete 
copy  of  such  communication,  if  in  writing,  and  a  true  state- 
ment of  such  communication,  if  by  sign  or  other  means, 
and  the  names  and  addresses  of  all  persons  or  corporations 
to  whom  said  communications  shall  have  been  made. 

(3)  Where  any  corporation  or  receiver  of  same,  doing 
business  in  this  State,  or  any  agent  or  employe  of  such 
corporation  or  receiver  shall  have  discharged  an  employe 
and  such  discharged  employe  demands  a  statement  in  writ- 
ing of  the  cause  of  his  discharge,  and  such  corporation, 
receiver,  agent  or  employe  thereof  fails  to  furnish  a  true 
statement  of  same  to  such  employe  within  10  days  after 
such  demand;  provided,  that  such  demand  by  the  employe 
for  said  statement  shall  be  made  in  writing. 

(4)  Where  any  corporation  or  receiver  of  same,  doing 
business  in  this  State,  or  any  agent  or  officer  of  same  shall 
have  received  any  request,  notice  or  communication,  either 
in  writing  or  by  sign,  word,  list  or  otherwise,  from  any 
person,  company  or  corporation,  preventing  or  attempting 
or  calculated  to  prevent  the  employment  of  a  person  seek- 
ing employment,  and  shall  fail  to  furnish  to  such  person 
seeking  employment  within  10  days  after  a  demand  in 
writing  therefor,  a  true  statement  of  such  request,  notice 
or  communication,  and  if  in  writing,  a  copy  of  same,  and 
If  a  sign,  the  interpretation  thereof,  and  the  names  and 
addresses  of  the  person,  company  or  corporation  furnish- 
ing the  same. 

(5)  Where  any  corporation,  or  receiver  of  same,  doing 
business  in  this  State,  or  any  officer  or  agent  of  such  cor- 
poration or  receiver  discharging  such  employe  shall  have 
failed  to  give  a  discharged  employe  a  true  statement  of 
the  causes  of  his  discharge  within  10  days  after  a  demand 
in  writing  therefor,  and  shall  thereafter  furnish  any  other 
person  or  corporation  any  statement  or  communication  in 
regard  to  such  discharge,  unless  at  the  request  of  such 
discharged  employe. 

(6)  Where  any  corporation  or  receiver  of  same,  do- 
ing business  in  this  State,  or  any  officer  or  agent  of  such 
corporation  or  receiver  shall  discriminate  against  any  per- 
son seeking  employment  on  account  of  his  having  par- 
ticipated in  a  strike  against  another  corporation. 

(7)  Where  any  corporation  or  receiver  of  same,  doing 
business  in  this  State,  or  any  officer  or  agent  of  such  cor- 
poration or  receiver  shall  give  any  information  or  com- 
munication in  regard  to  a  person  seeking  employment  hav- 
ing participated  in  any  strike,  unless  such  person  seeking 
employment  violated  the  law  during  his  participation  In 
said  strike  or  in  connection  therewith,  and  unless  such 
information  is  given  In  compliance  with  subdivision  1  of 
§  1  of  this  Act. 

Blacklisting  prohibited.  §  2.  Any  and  all  discrimina- 
tions against  persons  seeking  employment,  as  herein  de- 
fined, are  hereby  prohibited  and  are  declared  to  be  Illegal. 


Penalty  as  to  foreign  corporation  guilty  of  blacklisting. 
§  3.  Every  foreign  corporation  violating  any  of  the  provi- 
sions of  this  Act  is  hereby  denied  the  right,  and  is  pro- 
hibited from  doing  any  business  within  this  State,  and  it 
shall  be  the  duty  of  the  attorney-general  to  enforce  this 
provision  by  injunction  or  other  proceeding  In  the  District 
Court  of  Travis  County  in  the  name  of  the  State  of  Texas. 

Penalty  as  to  other  violators  of  the  statute.  §  4.  Each 
and  every  person,  company  or  corporation,  who  shall  in  any 
manner  violate  any  of  the  provisions  of  this  Act  shall  for 
each  and  every  offense  committed  forfeit  and  pay  the  sum 
of  $1,000,  which  may  be  recovered  in  the  name  of  the  State 
of  Texas,  in  any  county  where  the  offense  was  committed, 
or  where  the  offender  resides,  or  in  Travis  County,  and 
it  shall  be  the  duty  of  the  attorney-general  or  the  district 
or  county  attorney  under  the  direction  of  the  attorney- 
general  to  prosecute  for  the  recovery  of  the  same,  and  the 
fees  of  the  prosecuting  attorney  for  representing  the  State 
in  proceedings  under  this  Act  shall  be  over  and  above  the 
fees  allowed  him  under  the  general  fee  bill. 

Imprisonment  in  addition  to  fine.  §  5.  In  addition  to 
the  penalties  and  forfeiture  herein  provided  for,  every 
person  violating  any  of  the  provisions  of  this  Act  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  punished  by  imprisonment  in  the  county  jail  for  not 
less  than   one  month  nor  more   than  one  year. 

Evidence  to  establish  agency.  §  6.  In  prosecutions  for 
the  violation  of  any  of  the  provisions  of  this  Act,  evi- 
dence that  any  person  has  acted  as  the  agent  of  a 
corporation  in  the  transaction  of  its  business  in  this 
State  shall  be  received  as  prima  facie  proof  that  his 
act  in  the  name,  behalf  or  interest  of  the  corporation 
of  which  he  was  acting  as  the  agent,  was  the  act  of 
the  corporation. 

Examination  of  witness  in  advance.  §  7.  Upon  the 
application  of  the  attorney-general,  or  of  any  district  or 
county  attorney,  made  to  any  justice  of  the  peace  in 
this  State,  and  stating  that  he  has  reason  to  believe 
that  a  witness,  who  is  to  be  found  in  the  county  of 
which  such  justice  of  the  peace  is  an  officer,  knows  of 
a  violation  of  any  of  the  provisions  of  this  Act,  it  shall 
be  the  duty  of  the  justice  of  the  peace  to  whom  such 
application  is  made  to  have  summoned  and  to  have  ex- 
amined such  witness  in  relation  to  violations  of  any 
of  the  provisions  of  this  Act,  said  witness  to  be  sum- 
moned as  provided  for  in  criminal  cases.  The  said 
witness  shall  be  duly  sworn,  and  the  justice  of  the 
peace  shall  cause  the  statements  of  the  witness  to  be 
reduced  to  writing  and  signed  and  sworn  to  before  him, 
and  such  sworn  statement  shall  be  delivered  to  the 
attorney-general,  district  or  county  attorney  upon  whose 
application  the  witness  was  summoned.  Should  the 
witness  summoned  as  aforesaid  fail  to  appear  or  to 
make  statements  of  the  facts  within  his  knowledge, 
under  oath,  or  to  sign  the  same  after  it  has  been  re- 
duced to  writing,  he  shall  be  guilty  of  contempt  of  court, 
and  may  be  fined  not  exceeding  $100,  and  may  be  at- 
tached and  imprisoned  in  the  county  jail  until  he  shall 
make  a  full  statement  of  all  the  facts  within  his  knowl- 
edge with  reference  to  the  matter  inquired  about.  Any 
person  so  summoned  and  examined  shall  not  be  liable 
to  prosecution  for  any  violation  of  the  provisions  of  this 
Act  about  which  he  may  testify  fully  and  without  re- 
serve. 

Libel.  §  8.  Said  written  cause  of  discharge,  if  true, 
when  so  made  by  such  agent,  company  or  corporation,  shall 
never  be  used  as  the  cause  for  an  action  for  libel,  either 
civil  or  criminal,  against  the  agent,  company  or  cor- 
poration  so   furnishing  same. 

Emergency.  §  9.  The  importance  of  this  measure,  and 
the  near  approach  of  the  close  of  this  session,  creates 
an  emergency  and  an  imperative  public  necessity  that 
the  constitutional  rule  requiring  bills  to  be  read  on 
three  several  days  be  suspended,  and  that  this  Act  take 
effect  and  be  in  force  from  and  after  its  passage,  and  it 
is   So   enacted. 

Approved  April  5,  1907. 

TERMINAL  RAILWAYS. 

The  statute  authorizing  the  incorporation  of  terminal 
railway  companies  (§53,  article  642,  chapter  2,  title  XXI, 
Rev.  Stat.  Tex.)  was  amended  April  23,  1907,  so  as  to 
read   as   follows : 


1302 


National  Association  of  Kailway  Commissioners 


§  53.  The  construction,  maintenance,  and  oi>eration 
of  terminal  railways  and  any  such  terminal  railway  com- 
panv,  in  addition  to  the  rights  conferred  by  law  upon 
corporations  generally,  shall  have  and  exercise  all  rights 
and  powers  conferred  upon  railroad  companies  by  chapters 
8  and  9  of  title  94  of  the  Revised  Statutes  of  Texas  relating 
to  railroads,  including  the  right  to  issue  bonds  in  ex- 
cess of  its  authorized  capital  stock;  provided,  that  its 
stock  and  bonds  shall  be  issued  under  the  direction  of 
the  railroad  commission  of  this  State  in  accordance  with 
the  stock  and  bond  law  regulating  the  issuance  of 
stocks  and  bonds  by  railroads,  and  the  commission  shall 
fix  the  values  of  the  property,  rignts  and  franchises  of 
such  terminal  railway  company  and  its  stocks  and  bonds 
shall  not  exceed  the  amount  authorized  by  the  Railroad 
Commission  of  Texas;  and  Jurisdiction  over  the  issu- 
ance of  the  bonds  herein  authorized  is  hereby  expressly 
vested  in  the  railroad  commission;  provided,  that  no 
such  terminal  company  shall  have  the  right  to  charge 
any  railroad  company  for  terminal  facilities  a  greater 
amount  than  may  be  from  time  to  time  designated  and 
established  by  the  railroad  commission,  which  shall 
have  authority  to  prescribe  such  rates  and  rules  for  the 
operation  of  all  such  terminal  companies  as  will  prevent 
discrimination  by  them  against  any  common  carrier  with 
respect  to  either  charges  or  service;  provided  further, 
that  the  provisions  of  articles  4564,  4565  and  4566  of  the 
Revised  Statutes  of  Texas  las  to  rates,  etc.]  shall  apply 
to  any  ahd  all  orders,  ruling,  judgments  and  decrees 
of  the  railroad  commission,  made,  entered  or  held  under 
the  provisions  of  this  Act  in  regard  to  such  terminal 
railway   companies. 

Emergency.  §  2.  The  fact  that  there  is  now  no  law 
conferring  sufficient  powers  upon  terminal  railway 
companies  to  authorize  them  to  acquire  proper  trackage 
to  meet  public  demands,  creates  an  emergency  and  an 
imperative  public  necessity  that  the  constitutional  rule  re- 
quiring all  bills  to  be  read  on  three  several  days  be  sus- 
pended, and  the  rule  is  hereby  suspended,  and  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its 
passage,   and   it  is   so   enacted. 

Approved   April   23,   1907. 

Became   a  law  April  23,   1907. 

Before  the  above  amendment  the  section  in  question 
as  amended  in  1905  read  as  follows; 

Rights  of  subject  to  railroad  commission.  ^  53.  The 
construction,  maintenance  and  operation  of  terminal  rail- 
way companies,  and  said  terminal  companies  in  addition 
to  the  rights  conferred  by  law  upon  corporations  gener- 
ally shall  have  and  exercise  all  rights  and  powers  con- 
ferred upon  railroad  companies  by  chapters  8  and  9,  of 
title  94,  of  the  Revised  Statutes  of  Texas,  relating  to 
railroads;  but  no  such  terminal  company  shall  have 
the  right  to  charge  any  railroad  for  terminal  facilities 
beyond  what  may  be  prescribed  by  the  railroad  commis- 
sion, and  no  such  terminal  company  shall  have  any  one 
of  its  tracks  more  than  20  miles  in  length;  providing 
that  a  corporation  formed  hereunder  shall  issue  no  stock 
or  bonds,  except  such  as  are  authorized  by  the  railroad 
commission  under  the  provisions  of  the  stock  and  bond 
law   of   this   State. 

POOL    SELLING    PROHIBITED. 

Vnlawful  to  assist  in  pool  selling.  §  2.  That  it  shall 
be  unlawful  for  any  person  or  association  of  persons  or  any 
corporation,  at  any  place  in  this  State,  by  pool  selling  or 
book-making  or  6j/  means  of  telegraph,  telephone,  or  other- 
wise, to  aid  or  assist  any  other  person  in  wagering,  betting 
or  placing  a  bet  or  in  offering  to  wager,  bet  or  place 
a  bet  of  anything  of  value  on  any  horse  race  to  be  run, 
trotted  or  paced  at  any  place  in  this  State  or  else- 
where. 

Use  of  property  unlawful.  §  3.  It  shall  be  unlawful 
for  the  owner,  agent  or  lessee  of  any  property  in  this 
State  to  permit  the  same  to  be  used  as  a  place  for  sell- 
ing pools  or  book-making  or  wagering  or  receiving  or 
assisting  any  person  in  placing  any  bet  of  or  in  receiv- 
ing or  transmitting  any  offer  to  bet  anything  of  value 
on  any  horse  race  to  be  run,  trotted  or  paced  at  any 
place    in    this    State    or    elsewhere. 

Penalties— Foreign  corporations.  §  4.  That  any  person 
violating  any  one  of  the  provisions  of  §§1,  2,  or  3  of 
this  Act   shall   be   deemed   guilty   of  a   misdemeanor  and 


I 


upon  conviction  shall  be  punished  by  a  fine  of  not  less  than 
?200  nor  more  than  $500,  and  by  imprisonment  in  the 
county  jail  not  less  than  30  days  nor  more  than  90 
days.  And  any  corporation  holding  a  charter,  or  foreign 
corporation  holding  a  permit  to  do  business  in  this 
State,  which  shall  violate  any  of  the  provisions  of 
§§  1,  2  or  3  of  this  Act,  shall  thereby  forfeit  its  charter 
or  permit  to  do  business  in  this  State,  as  the  case  may 
be,  and  in  addition  thereto  shall  be  liable  to  the  St;ite 
for  a  penalty  of  not  less  than  $200  nor  more  than  $500, 
and  the  person  or  persons  acting  lor  said  corporation 
in  the  violatio"n  of  any  of  the  provisions  of  either  of  said 
sections,  shall,  upon  conviction,  be  punished  by  a  fine 
of  not  less  than  $200  nor  more  than  $500,  and  by  '.m- 
prisonment  in  the  county  jail  for  not  less  than  30  days 
nor  more  than  90  days.  *  *  * 
Approved  March  11,  1909. 

SHELTER   FOB  EMPLOYES. 

(Acts    Special    Session,    1910,    page    123.) 
Be  it  enacted  by  the  legislature  of  the  State  of  Texas :'i 

Shelter  sheds  for  repairmen  required.  §  1.  That  e-^ 
person,  corporation  or  receiver  engaged  in  constructing 
or  repairing  railroad  cars,  trucks  or  other  railrcad 
equipment,  shall  erect  and  maintain  a  building  or  st  ed 
at  every  station  or  other  point  where  as  many  as  f  ve 
men  are  regularly  employed  on  such  repair  work,  lhe 
building  or  shed  to  cover  a  sufficient  portion  of  its 
track  so  as  to  provide  that  all  men  regularly  emplojed 
in  the  construction  and  repair  of  cars,  trucks,  or  otl  er 
railroad  equipment,  shall  be  sheltered  from  rain  and 
protected  from  other  inclement  weather.  The  previ- 
sions of  this  Act  shall  not  apply  at  points  where  hss 
than  five  men  are  regularly  employed  in  the  repair  se  -v- 
Ice,  nor  at  division  terminals  or  other  points  where  it 
is  necessary  to  make  light  repairs  only,  on  cars,  nor  to 
cars  loaded  with  time  or  perishable  freight,  nor  to 
cars  when  trains  are  being  held  for  the  movement  of 
said  cars. 

Penalty— How  recovered.  §  2.  Any  person,  corpo  -a- 
tlon  or  receiver,  who  shall  violate  the  provisions  of 
this  Act,  shall  be  liable  to  the  State  of  Texas  for  a  p  n- 
alty  in  any  sum  not  less  than  $50  nor  more  than  $1  lO. 
and  each  10  days  of  such  failure  or  refusal  to  comjly 
with  the  provisions  of  this  Act  shall  be  considered  a 
separate  infraction  authorizing  the  recovery  of  a  se  la- 
rate  penalty.  Suit  for  recovery  of  penalties  hereum  er 
shall  be  brought  by  the  attorney-general  of  this  Sti  te 
or  by  the  county  or  district  attorney  of  the  county  in 
which  suit  is  brought,  and  the  county  or  district  att  )r- 
ney,  as  the  case  may  be,  shall  receive  a  fee  of  10  ]  er 
cent  upon  each  penalty  recovered  and  collected  by 
him  in  addition  to  the  fee  allowed  him  by  law  at  t  lis 
time,  and  said  fee  shall  be  over  and  above  the  ee 
allowed  him  by  law  at  this  time,  and  said  fee  shall  be 
over  and  above  the  fees  allowed  under  the  gene  al 
fee  Act  in  force  in  this  State. 

Repeal.  §  3.  That  chapter  53  of  the  Acts  of  the  reg 
session  of  the  thirty-first  legislature,  entitled  "An 
to  require  all  railroad  companies  doing  business  in 
this  State  to  provide  suitable  premises  and  shelter  or 
the  protection  from  the  weather  of  their  employes  wl  ile 
engaged  in  labor  in  the  service  of  said  railroad  compani*  s," 
be,  and  the  same  is  hereby,  repealed;  that  this  Act  stall 
take  effect  90  days  after  the  adjournment  of  this  spe(  ial 
session;  but  that  all  persons,  corporations  or  receivers 
affected  by  this  Act  shall  have  until  June  1,  1911,  witiln 
which    to    comply    with    the    provisions    thereof    (herect). 

Emergency/.  §  4.  The  importance  of  the  legislation  i  re- 
posed in  this  bill  and  the  probable  early  adjournmjnt 
of  the  present  session  of  the  legislature,  rendering  It 
improbable  that  this  bill  can  be  read  on  three  several 
days  in  each  house,  creates  an  emergency  and  an  im- 
perative public  necessity  exists  requiring  the  constitu- 
tional rule  requiring  bills  to  be  read  on  three  several 
days  in  each  house,  be  suspended,  and  said  rule^,  ' 
hereby   suspended,   and   it   is   so   enacted. 

BEPAIR    WORK. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Repair  work  to  be  done  in  Texas.  §  1.  That  all  railroad 
corporations  operating  in  the  State  of  Texas,  and  having 
their  repair  shops  within  the  State,  shall,  and  are  hereby 
required  to  repair,   renovate   or  rebuild   in   the   State   of 


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PuBiiio  Service  Laws 


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Texas,  any  and  all  defective  or  broken  cars,  coaches, 
locomotives  or  other  equipment  owned  or  leased  by  said 
corporations  in  the  State  of  Texas,  when  such  rolling 
stock  is  within  the  State  of  Texas;  provided,  that  such 
railwav  shall  have  or  be  under  obligation  to  have  proper 
facilities  in  the  State  to  do  such  work;  and  provided, 
this  Act  shall  not  be  so  construed  as  to  require  any 
railway  corporation  to  violate  the  safety  appliance  law 
of  the  congress  of  the  United  States;  and  provided 
further,  that  no  railway  shall  be  required  to  haul  such 
disabled  equipment  a  greater  distance  for  repairs  at  a 
point  within  the  State  of  Texas,  than  would  be  neces- 
sary to  reach  their  repair  shoi)s  in  another  State;  and 
provided  further,  that  no  such  railway  company  shall 
haul  or  be  permitted  to  haul  for  purposes  of  repair 
any  disabled  equipment  by  or  past  any  shop  owned  or 
operated  by  any  such  ccmi,any  v.hci'o  said  disabled 
equipment  can  be  repaired,  in  order  to  reach  some 
other  repair  shop  at  a  greater  distance  for  purposes  of 
repairing  said  disabled  equipment;  provided,  that  the 
provisions  of  this  Act  shall  not  apply  to  companies 
having  less  than  60  continuous  miles  of  railroad  in 
operation    in    this    State. 

]\-ot  to  be  sent  out  of  Texas.  §  2.  That  all  railroad 
corporations  operating  in  the  State  of  Texas,  and  hav- 
ing their  repair  shops  withLn  the  State,  shall  be  pro- 
hibited from  sending  or  removing  any  of  their  cars, 
coaches,  locomotives  or  other  equipment  out  of  the 
State  of  Texas  to  be  repaired,  renovated  or  rebuilt,  when 
the  same  is  in  a  defective  or  broken  condition,  and 
within  the  State. 

Exce-ptions.  ^  3.  That  the  provisions  of  this  Act  shall 
not  apply  in  cases  of  strikes,  fires,  or  other  unforeseen 
casualties    and    emergencies. 

Penalty.  §  4.  That  any  railway  corporation,  lessee,  re- 
ceiver, superintendent,  or  agent  who  shall  violate  any 
of  the  provisions  of  this  Act,  shall,  after  conviccion  by 
any  court  of  competent  jurisdiction,  be  liable  to  a  fine 
of  not  less   than   $100   nor  more   than   $500. 

Approved   March  5,   1909. 

COI.IJX'TION    OF   CL-MMS. 

Be  it  enacted  by  the  tegislature  of  the  State  of  Texas:  ' 

Attorney's  fee  allowed  if  not  settled  within  SD  days  after 
demand,  ii  1.  That  hereafter  any  person  in  this  State, 
having  a  valid,  bona  fide  claim  against  any  person  or 
corporation  doing  business  in  this  State,  for  personal 
services  rendered  or  for  labor  done,  or  for  material 
furnished,  or  for  overcharges  on  freight  or  express, 
or  for  any  claim  for  lost  or  damaged  freight,  or  for 
stock  killed  or  injured  by  such  perSon  or  corporation, 
its  agents  or  employes,  may  present  the  same  to  such 
person  or  corporation  or  to  any  duly  authorized  agent, 
thereof,  in  any  county  where  suit  may  be  instituted 
for  the  same;  and  if,  at  the  expiration  of  30  days  after 
the  presentation  of  such  claim,  the  same  has  not  been 
paid  or  satisfied,  he  may  immediately  institute  suit 
thereon  in  the  proper  court,  and  if  he  shall  finally 
establish  his  claim,  and  obtain  judgment  for  the  full 
amount  thereof,  as  presented  for  payment  to  such  i)€r- 
son  or  corporation  in  such  court,  he  shall  be  entitled 
to  recover  the  amount  of  such  claim  and  all  costs  of 
suit,  and  in  addition  thereto  a  reasonable  amount  as 
attorney's  fees;  provided,  he  has  an  attorney  employed 
in  the  case,  not  to  exceed  $20,  to  be  determined  by  the 
court  or  jury  trying  the  case;  provided,  however,  that 
nothing  in  this  Act  shall  be  construed  to  repeal  or  in 
any  manner  affect  any  provision  of  the  law  now  in 
force  giving  a  remedy  to  persons  having  claims  of  the 
character  mentioned  in  this  Act,  but  the  same  shall 
be  considered  as  cumulative  of  all  other  remedies  given 
to   such    a    person   or   persons. 

Emergency.  §  2.  The  fact  that  there  is  no  law  now  In 
force  in  this  State  providing  an  effectual  remedy  for 
persons  having  such  claims  as  are  mentioned  in  this  Act, 
creates  an  emergency  and  an  Imperative  public  necessity 
requiring  the  suspension  of  the  constitutional  rule  requir- 
ing bills  to  be  read  on  three  several  days,  and  this  Act 
shall  take  effect  from  and  after  its  passage,  and  it  Is 
so  enacted. 

Approved    March    13,    1909. 


TKAl.MNd   OF   K.XGI.NEERS   .\ND  C0XI1UCT0RS. 

Be  it  enacted  by  the  legislature  of  the  Stale  of  Texas: 

Engineers  and  conductors  to  serve  three  years'  appren- 
ticeship. §  1.  If  any  person  shall  run  or  operate  any  loco- 
motive engine  ui)on  any  railroad  in  the  State  of  Texas, 
without  having  served  three  years  prior  thereto  as  a 
fireman  or  engineer  on  a  locomotive  engine,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  he  shall  be 
punished  by  a  fine  of  not  less  than  $25  nor  more  than 
$500,  and  each  day  he  so  engages  shall  constitute  a 
separate    offense. 

Penalty  for  violation.  §  2.  If  any  person  shall  act  or 
engage  to  act  as  a  conductor  on  a  railroad  train  in  this  ' 
State  without  having  for  two  years  prior  thereto  served 
or  worked  in  the  capacity  of  a  brakeman  or  conductor 
on  a  freight  train  on  a  line  of  railroad,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  a  fine  of  not  less  than  $25  nor  more  than  $500,  and 
each  day  he  so  engages  shall  constitute  a  separate 
offense. 

Same.  S  3.  If  any  person  shall  knowingly  engage,  pro- 
mote, require,  persuade,  prevail  upon  or  cause  any  per- 
son to  do  any  act  in  violation  of  the  provisions  of  the 
two  preceding  sections  of  this  Act,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  $25  nor  more  than  $500,  and  each 
day  he  so  engages  shall  constitute  a  separate  offense. 

Exceptions.  S  4.  Nothing  in  this  Act  shall  be  con- 
strued as  applying  to  the  running  or  operating  of  en- 
gines, in  taking  said  engines  to  or  from  trains  at  di- 
vision terminals  by  engine  hostlers,  or  of  the  shifting 
of  cars  or  making  up  of  trains,  or  doing  any  work 
appurtenant  thereto  at  engine  housesi  tram  or  freight 
yards  by  switchman  or  yardman,  or  in  the  case  of  the 
disability  of  an  engineer  or  a  conductor  while  out  on 
the  road  between  division  terminals.  In  case  of  emer- 
gency where  such  companies  cannot  obtain  the  employes 
mentioned  in  this  Act  who  have  the  qualifications  pre- 
scribed by  the  provisions  thereof,  then  such  companies 
may  employ  temporary  foremen,  engineers  and  con- 
ductors who  have  not  the  qualifications  prescribed  by 
this  Act,  but  no  such  employment  shall  continue  longer 
than  such  companies  can  supply  their  respective  places 
with  men  who  have  the  qualifications  prescribed  by 
this  Act,  and  provided  further,  that  nothing  herein  con- 
tained shall  relieve  any  of  such  companies  from  the 
negligence   of   any  of   its   employes. 

Not  to  apply  to  short  roads.  §  4a.  The  provisions  ol 
this  Act  shall  not  apply  to  any  railroad  company  within 
this  State  or  the  receiver  or  lessee  thereof,  whose  line  of 
railway   is   less   than   25   miles   in   length. 

Emergency.  S  5.  The  fact  that  there  are  now  no  ade- 
quate laws  in  this  State  prohibiting  the  running  of  loco- 
motives and  trains  on  railroads  by  inexperienced  en- 
gineers and  conductors,  thus  endangering  the  lives  of 
the  traveling  public  and  employes  of  said  railroads, 
creates  an  emergency  and  an  imperative  public  neces- 
sity requiring  the  suspension  of  the  constitutional  rule, 
which  requires  bills  to  be  read  on  tnree  several  days  in 
each  house,  and  the  rule  is  hereby  suspended;  and  that 
this  Act  take  effect  and  be  in  force  from  and  after  its 
passage,  and  it  is  so  enacted. 

Approved   March   11,   1909. 

NAMES    OF    STATIONS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Stations  to  be  named  after  postoffices.  §  1.  It  shall 
hereafter  be  unlawful  for  any  corporation  or  receiver 
operating  any  line  of  railroad  in  whole,  or  in  part,  in  this 
State,  or  any  officer,  agent,  or  representative  of  such 
corporation  or  receiver,  to  retain,  maintain  or  establish 
a  name  for  any  railway  station  or  depot  in  any  incor- 
porated or  unincorporated  town  or  city,  within  this  State, 
other  than  the  name  of  the  town  or  city,  which  has 
and  bears,  the  name  of  its  postoflice  so  given  by  the 
United  States  government. 

Exceptions.  §  2.  That  the  provisions  of  §  1  of  this  Act 
shall  not  apply  to  two  or  more  incorporated  or  unin- 
corporated towns  or  cities  in  this  State  which  now 
are  situated  within  five  miles  of  each  other,  and  which 
each  have  therein  established  postoflice  named  and 
designated  by  the  United  States  government;  provided, 
that  this   Act   shall   not  apply   to   those   cases   where   the 


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National  Association  of  Railway  Commissioners 


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postoffice  name  of  the  city,  town,  village  or  settlement 
is  so  similar  in  sound  or  otherwise  to  that  of  some 
other  station  upon  such  railroad,  as  that  confusion  In 
train  orders  and  directions  may  arise  therefrom  and  pro- 
vided further  that  where  the  name  of  such  place  is 
changed  by  the  postal  department  of  the  Federal  gov- 
ernment such  railway  shall  not  be  required  to  again 
change  the  name  of  its  station,  and  provided  further 
that  all  railways  having  stations  affected  hereby  shall 
have  90  days  from  and  after  this  Act  becomes  effective 
to   comply  therewith. 

Penalty.  §  3.  Any  officer,  agent  or  representative  of  any 
corporation,  or  receiver  operating  any  line  of  railroad  in 
whole,  or  in  part,  within  this  State,  who  shall  violate 
the  provisions  of  this  Act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  a  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  $200  nor  more  than 
$500  for  such  offense,  or  by  confinement  in  the  county 
jail  for  not  less  than  30  nor  more  than  90  days,  or  by 
both  such  fine  and  imprisonment;  provided,  that  the 
venue  of  all  suits  originating  under  the  provisions  of 
this  Act  shall  be  in  the  county  where  the  station  about 
which  the  suit  occurs  is  located. 

Approved   March  10,   1909. 

BEQUIBING   LOCOMOTIVES   TO   BE  EQUIPPED   WITH   ASH   PANS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Ash  pans  required.  §  1.  That  on  and  after  the  first 
day  of  January,  1910,  it  shall  be  unlawful  for  any  com- 
mon carrier  engaged  in  moving  commerce  in  the  State 
of  Texas  by  railroad,  to  use  in  moving  such  commerce 
In  said  State  any  locomotive  not  equipped  with  an  ash 
pan  which  can  be  dumped  or  emptied  and  cleaned 
without  the  necessity  of  any  employe  going  under  such 
locomotive. 

Penalty.  §  2.  That  any  such  common  carrier  using 
any  locomotive  in  violation  of  the  provisions  of  this  Act 
shall  be  liable  to  the  State  of  Texas  for  a  penalty  of  not 
less  than  $100  and  not  more  than  $1,000  for  each  of- 
fense, and  such  penalty  shall  be  recovered  and  suit 
brought  in  the  name  of  the  State  of  Texas  in  any  court 
of  proper  jurisdiction  in  Travis  County,  Texas,  or  in 
any  county  into  or  through  which  such  carrier  may  be 
operating  a  line  of  railroad,  by  the  attorney-general  or 
under  his  direction  or  by  the  county  or  district  attorney 
in  any  such  county.  The  rules  of  evidence  in  suits 
arising  under  this  Act  shall  be  the  same  as  in  ordinary 
civil  actions,  and  the  same  compensation  shall  be  al- 
lowed to  the  attorney  bringing  such  suit  as  is  provided 
in  article  4577  of  the  Revised  Statutes  of  the  State  of 
Texas. 

Common  carrier  defined.  §  3.-  That  the  term  "common 
carrier,"  as  used  in  this  Act,  shall  include  the  receiver 
or  receivers,  or  other  persons  or  corporations  charged 
with  the  duty  of  managing  and  operating  the  business 
of  a  common  carrier. 

Exceptions.  §  4.  That  nothing  contained  in  this  Act 
shall  apply  to  any  locomotive  upon  which  by  reason  of 
the  use  of  oil,  electricity  or  other  such  agency  an  ash 
pan  is  not  necessary. 

Approved  March  3,  1909. 

SAFETY   appliance   ACT. 

Be  it  enacted  ty  the  legislature  of  the  State  of  Texas: 

Unlawful  to  operate  train  without  safety  appliances. 
§  1.  That  from  and  after  the  first  day  of  January,  A.  D. 
1910,  it  shall  be  unlawful  for  any  common  carrier  en- 
gaged in  intrastate  commerce  by  railroad  within  the 
State  of  Texas  to  use  on  its  lines  in  moving  intrastate 
traffic  within  the  said  State  any  locomotive  engine  not 
equipped  with  a  power  driving  wheel  brake  and  appli- 
ances for  operating  the  train  bralte  system,  or  to  run 
any  train  in  such  traffic  after  said  date  that  has  not 
a  sufficient  number  of  cars  in  it  so  equipped  with  power 
or  train  brakes  that  the  engineer  on  the  locomotive 
drawing  such  train  can  control  its  speed  without  re- 
quiring brakeraen  to  use  the  common  hand  brake  for 
that  purpose,  or  to  run  any  train  in  such  traffic  after 
said  date  that  has  not  all  the  power  or  train  brakes  In 
It  used  and  operated  by  such  engineer,  or  to  run  any 
train  in  such  traffic  after  said  date  that  has  not  at 
least  75  per  centum  of  the  cars  in  it  equipped  with 
power   or    train    brakes;    and    for   the    purpose    of  .fully 


carrying  Into  effect  the  objects  of  this  Act,  the  Railroad 
Commission  of  Texas  may,  from  time  to  time,  aftei 
full  hearing  by  public  order,  increase  the  minimum  per 
centage  of  cars  in  any  train  which  shall  be  equipped 
with  power  or  train  brakes,  and  after  such  minimuir 
percentage  has  been  so  Increased  it  shall  be  unlawfa 
for  any  common  carrier  to  run  any  train  in  such  traffl< 
which  does  not  comply  with  such  increased  minimua 
percentage. 

Automatic  couplers.  §  2.  That  from  and  after  the  first 
day  of  January,  A.  D.  1910,  it  shall  be  unlawful  for  anj 
common  carrier  engaged  in  commerce  as  aforesaid  tc 
haul  or  permit  to  be  hauled  or  used  on  its  line  of  rail 
road  within  the  State  of  Texas  any  locomotive,  tender 
car  or  similar  vehicle  employed  in  moving  intrastate 
traffic  within  the  said  State  which  is  not  equipped  witl 
couplers,  coupling  automatically  by  impact,  and  whict 
can  be  coupled  and  uncoupled  without  the  necessity  of  men 
going  between  the  ends  of  locomotives,  tenders,  cars  and 
similar  vehicles. 

Drawbars.  §  3.  That  from  and  after  the  first  daj'  ol 
January,  A.  D.  1910,  it  shall  be  unlawful  for  any  com. 
mon  carrier  engaged  in  commerce  as  aforesaid  to  us< 
in  moving  intrastate  traffic  within  said  State  any  Ijco 
motive,  tender,  car  or  similar  vehicle  any  drawbar  ol 
which,  when  measured  perpendicularly  from  the  l<^vei 
of  the  tops  of  the  track  rails  upon  which  such  loco 
motive,  tender,  car  or  similar  vehicle  is  standing  to  the 
center  of  such  drawbar,  is  more  than  34i^  inches  ii 
height,  or  less  than  31%   inches  in  height. 

Rolling  stock  from  other  roads.  §  4.  That  from  ind 
after  the  first  day  of  January,  A.  D.  1910,  when  inj 
person,  firm,  company,  corporation,  or  receiver  engaged 
in  commerce  as  aforesaid  shall  have  equipped  a  ^uf 
flcient  number  of  its  locomotives,  tenders,  cars  and  s:  mt 
lar  vehicles  so  as  to  comply  with  the  provisions  ol 
§  1  of  this  Act,  it  may  lawfully  refuse  to  receive  fi  om 
connecting  lines  of  road  or  shippers  any  locomoti  es, 
tenders,  cars  or  similar  vehicles  not  equipped  sufflciei  tlj 
in  accordance  with  the  first  section  of  this  Act,  v  itl 
such  power  or  train  brakes  as  will  work  and  rea.  ilj 
Interchange  with  the  brakes  in  use  on  its  own  li  c& 
motives,  tenders,  cars,  and  similar  vehicles,  as  requi^e^ 
by  this  Act. 

Grabirons,  handholds,  stirrups.  §  5.  That  from  nd 
after  the  first  day  of  January,  A.  D.  1910,  it  shall  b« 
unlawful  for  any  common  carrier  engaged  in  comme  rce 
as  aforesaid  to  use  in  moving  intrastate  traffic  wit  ill 
said  State  any  locomotive,  tender,  car  or  similar  veh  cl« 
which  is  not  provided  with  sufficient  and  secure  grabiri  n^ 
handholds  and  foot  stirrups. 

Penalty.  §  6.  That  every  such  common  carrier,  wheth  t  ( 
copartnership,  a  corporation,  a  receiver  or  an  indivlc  ual 
or  association  of  individuals,  violating  any  of  the  )ro 
visions  of  this  Act,  shall  be  liable  to  the  State  of  T«  xa« 
for  a  penalty  of  not  less  than  $200  nor  more  than  $1  00( 
for  each  offense,  and  such  penalty  shall  be  recovt  red 
and  suit  brought  in  the  name  of  the  State  of  Texas  ii 
any  court  of  proper  jurisdiction  in  the  county  of  Tra  vis 
or  in  any  other  county  in  said  State  into  or  thro  igl 
which  such  line  of  railroad  may  run,  by  the  attoriey 
general  or  under  his  direction,  or  by  the  county  oi 
district  attorney  in  the  county  in  which  the  suit  if 
brought,  and  the  attorney  bringing  such  suit  shall  rec  >iv« 
a  fee  of  $50  for  each  penalty  recovered  and  collected 
by  him,  and  10  per  cent  of  the  amount  collected,  tc  be 
paid  by  the  State,  and  the  fees  and  compensation  sc 
allowed  shall  be  over  and  above  the  fees  allowed 
attorney  under  the  general  tee  Act. 

Assumption  of  risk.  §  7.  That  any  employe  of^ 
common  carrier  engaged  in  commerce  as  aforesaid  vvhc 
may  be  injured  or  killed,  shall  not  be  held  to  1  ave 
assumed  the  risks  of  his  employment  or  to  have  beei 
guilty  of  contributory  negligence  if  the  violation  of  fuel 
carrier  of  any  provision  of  this  Act  contributed  to  the 
Injury   or   death   of   such   employe. 

Emergency.     §  8.     The  fact  that  there  is  now  no  State 
law  requiring  railroads  to  safely  equip  their  locomotives 
tenders,  cars  and  similar  vehicles  with  safety  appliai 
as   mentioned   In   this   Act,   and   whereas   there   is   ; 
danger    to    the    traveling    public    and    employes    of    i.m 
roads    because    of   such,    creates   an    emergency   and    as 


JU      St 


Public  Sekviob  Laws 


1305 


Imperative  public  necessity  for  the  suspension  of  the 
constitutional  rule  which  requires  that  all  bills  shall 
be  read  on  three  several  days,  and  said  rule  is  hereby 
suspended,  and  this  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  and  it  Is  so  enacted. 
Approved  March  1    1909. 

ELECTRIC  HEADLIGHTS. 

Be  it  enacted  ly  the  legislature  of  the  State  of  Texas: 

Duty  to  furnish  electric  headlights  of  1,500  C.  P.  %  1. 
It  shall  be  the  duty  of  every  railroad  corporation  or 
receiver  or  lessee  thereof,  operating  any  line  of  railroad 
in  this  State,  within  six  months  after  the  passage  of 
this  Act,  or  within  such  additional  time  as  may  be 
prescribed  by  order  of  the  railroad  Commission  of 
Texas,  after  a  proper  showing  of  their  inability  to 
comply  by  the  railroad  has  been  made,  to  equip  all 
locomotive  engines  used  in  the  transportation  of  trains 
over  said  railroad  with  electric  headlights  of  not  less 
than  1,500  candle-power,  measured  without  the  aid  of 
a  reflector,  or  other  headlights  of  not  less  than  1,500 
candle-power,  measured  without  the  aid  of  a  reflector; 
provided,  that  this  Act  shall  not  apply  to  locomotive 
engines  regularly  used  in  the  switching  of  cars  or  trains. 
Penalty.  §  2.  Any  railroad  company  or  the  receiver  or 
lessee  thereof,  doing  business  in  the  State  of  Texas, 
which  shall  violate  the  provisions  of  this  Act,  shall  be 
liable  to  the  State  of  Texas  for  a  penalty  of  not  less 
than  $100  nor  more  than  fl,000  for  each  offense,  and 
Buch  penalties  shall  be  recovered  and  suit  brought  in 
the  name  of  the  State  of  Texas,  in  a  court  of  proper 
jurisdiction  in  Travis  County,  Texas,  or  in  any  county 
In  or  through  which  such  line  of  railroad  may  run,  by 
the  attorney-general,  or  by  the  county  or  district  at- 
torney, in  any  county  in  or  through  which  such  line  of 
railroad  may  be  operated,  and  such  suits  shall  be  subjected 
to  the  provisions  of  article  4577,  Revised  Statutes  of  the 
State  of  Texas. 

In  effect  forthwith.  §  3.  The  fact  that  there  is  now  no 
law  requiring  railroads  to  equip  their  engines  with  head- 
lights of  sufllcient  power,  as  provided  in  this  bill,  and 
the  safety  of  railroad  employes  as  well  as  the  general 
public  demand  that  this  be  done,  creates  an  emergency 
and  an  imperative  public  necessity  that  this  Act  take 
effect   from   and   after   its   passage. 

Approved  March  20,   1907. 

SWITCH    LIGHTS. 

(Acts  of  1905,  page  77.) 
Be  it  enacted  'by  the  legislature  of  the  State  of  Texas: 

Duty  to  place  switchlights.  §  1.  It  shall  be  the  duty 
of  every  railway  corporation  operating  any  line  of  rail- 
way in  the  State  of  Texas,  within  six  months  after  the 
passage  of  this  Act,  to  place  good  and  sufficient  switch 
lights  on  all  their  main  line  switches  connected  with  the 
main  line,  and  to  keep  the  same  lighted  from  sunset 
until  sunrise;  provided,  that  this  section  of  this  Act 
shall  not  apply  to  railways  which  have  all  their  road 
locomotives   equipped   with   electric  headlights. 

Derailing  switches.  §  2.  It  shall  be  the  duty  of  every 
railway  corporation  operating  any  line  of  railway  in 
the  State  of  Texas,  within  six  months  after  the  passage 
of  this  Act,  to  place  good  and  safe  derailing  switches  on 
all  of  their  sidings  connecting  with  the  main  line  of 
such  railway,  and  upon  which  sidings  cars  are  left 
Btanding;  provided,  that  no  derailing  switches  shall  be 
required  where  the  siding  connects  with  main  line  on 
an  up  grade  in  the  direction  of  the  main  line  of  one- 
half  of  one  per  cent  or  over;  provided,  further,  that  no 
derailing  switches  shall  be  required  on  inside  tracks 
at  terminal  points  where  regular  switching  crews  are 
employed. 

Penalty  SlOO  to  $1,000.  §  3.  Any  railroad  corporation 
which  shall  wilfully  violate  any  of  the  provisions  of 
this  Act  shall  be  liable  to  the  State  of  Texas  for  a  pen- 
alty of  not  less  than  $100  nor  more  than  $1,000  for 
each  offense,  and  such  penalty  shall  be  recovered  and 
«uits  therefor  be  brought  by  the  attorney-general,  or 
under  his  direction,  in  the  name  of  the  State  of  Texas, 
In  Travis  County,  or  in  any  county  through  which  such 
railway  may  run  or  be  operated,  and  such  suits  shall 
be  subject  to  the  provisions  of  article  4577  of  the  Re- 
Tlsed.  Civil  Statutes  of  the  State  of  Texas;  provided,  the 
provisions  of  §  1  of  this  Act  shall  not  apply  on  railroad 


lines  or  divisions  on  which  no  trains  are  regularly  run 
or   operated   at  night. 

Emergency.  §  4.  Whereas  there  are  now  no  adequate 
safety  devices  to  prevent  cars  standing  upon  sidings 
from  being  blown  on  the  main  line  of  railways,  thereby 
causing  accidents  and  danger  to  the  lives  of  passengers 
and  employes  of  railway  companies  in  this  State,  and 
no  lights  on  all  switches  connecting  with  the  main  line 
of  railways,  thereby  rendering  the  same  dark  and 
dangerous,  creates  an  emergency  and  an  imperative 
public  necessity  that  the  constitutional  rule  requiring 
bills  to  be  read  on  three  several  days  be  suspended, 
and  said  rule  is  hereby  suspended,  and  this  Act  shall 
take  effect  and  be  in  full  force  from  and  after  its  passage, 
and  it  is  so  enacted. 

Approved   April   3,   1905. 

TOILET  ROOMS  AT  STATIONS. 

Be  it  enacted  ly  the  legislature  of  the  State  of  Texas: 

Toilet  rooms  required.  §  1.  That  each  railroad  and  rail- 
way corporation  operating  a  line  of  railway  in  the  State 
of  Texas  for  the  transpsrtation  of  passengers  thereon, 
shall  hereafter  be  required  to  construct  within  90  days  of 
the  taking  effect  of  this  Act,  and  to  maintain  and  keep 
In  a  reasonably  clean  and  sanitary  condition,  suitable  and 
separate  water  closets  or  privies  for  both  male  and  female 
persons,  at  each  passenger  station  on  its  line  of  railway, 
either  within  its  passenger  depot  or  in  connection  there- 
with, or  within  a  reasonable  and  convenient  distance 
therefrom,  at  such  station  for  the  accommodation  of  its 
passengers  who  are  received  and  discharged  from  its  cars 
thereat,  and  of  its  patrons  and  employes  who  have  busi- 
ness with  such  railroads  and  corporations  at  such  station. 
Stations  to  6e  well  lighted.  §  2.  That  said  railroads 
and  corporations  are  hereby  required  to  keep  said  water 
closets  and  depot  grounds  adjacent  thereto  well  lighted  at 
such  hours  in  the  night  time  as  its  passengers  and  patrons 
at  such  stations  may  have  occasion  to  be  at  the  same 
either  for  the  purpose  of  taking  passage  on  its  trains  or 
waiting  for  the  arrival  thereof,  or  after  leaving  the  same, 
for  at  least  30  minutes  before  the  schedule  time  for  the 
arrival  of  its  said  train  and  after  the  arrival  thereof  at 
said  station;  provided,  that  said  railroad  or  incorporation 
shall  not  be  required  by  the  provisions  hereof  to  keep  said 
closets  lighted  at  such  stations  where  the  said  railroad 
does  not  receive  and  discharge  thereat  in  the  night  time 
passengers  on  and  from  its  cars. 

Penalty.  §  3.  Any  railroad  or  railway  corporation 
which  fails,  neglects  or  refuses  to  comply  with  the  provi- 
sions of  this  Act  shall  forfeit  and  pay  to  the  State  of 
Texas  the  sum  of  $50  for  each  week  it  so  mails  and 
neglects.  The  county  attorney  of  the  county  in  which  such 
station  is  located,  and  in  case  there  is  no  such  county 
attorney  then  the  attorney  for  the  district  including  said 
county,  shall,  upon  credible  information  furnished  him,  in- 
stitute suit  or  suits  in  the  name  of  the  State  of  Texas 
against  such  defaulting  railroad  or  railway  corporation  for 
the  recovery  of  said  penalties,  and  in  case  of  said  recovery 
the  said  attorney  shall  be  entitled  to  one-fourth  the  amount 
thereof  as  commission  for  his  said  services  and  the  re- 
mainder thereof  shall  be  paid  into  the  road  and  bridge 
fund  of  said  county;  provided,  that  the  State  of  Texas 
shall  in  no  event  be  liable  for  any  costs  in  suit  authorized 
by  this  Act  to  enforce  its  provisions. 

Emergency.  §  4.  The  failure  of  railway  corporations  to 
provide  and  maintain  water  closets  at  their  passenger 
depots  in  this  State,  and  the  great  inconvenience  to  the 
traveling  public  by  reason  of  such  failure,  create  an 
emergency  and  an  imperative  public  necessity  that  the 
constitutional  rule  requiring  bills  to  be  read  on  three 
several  days  should  be,  and  the  same  is  hereby  suspended, 
and  that  this  Act  take  effect  and  be  in  force  from  and  after 
Its  passage,  and  it  is  so  enacted. 
Approved  March  20,  1909. 

BAILROAUS    MAY    BUY    SCHOOL    LAND. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Certain  sections  amended.  §  1.  That  §  §  1,  3  and  4  of 
chapter  XCVII,  Acts  of  the  regular  session  of  the  twenty- 
eighth  legislature,  relating  to  the  sale  of  certain  portions 
of  the  public  free  school,  university  and  asylum  lands  to 
railroad  companies  for  certain  purposes,  be  so  amended  as 
to   hereafter  read   as   follows: 


130(1 


National  Association  of  Kailway  Commissionehs 


Railroad  may  purchase  school  land.  §  1.  That  any  rail- 
road company  owning,  operating  or  constructing  a  line  of 
railway  in  this  State,  desiring  to  purchase  any  portion  of 
the  public  free  school,  university  or  asylum  lands  in  this 
State  under  the  provisions  of  this  law  for  the  location  and 
establishment  thereon  of  town  sites,  depots,  station,  yards, 
divisional  terminals,  shops,  roundhouses  or  water  stations, 
shall  file  with  the  commissioner  of  the  general  land  office. 
If  the  land  desired  be  public  free  school  or  asylum  lands, 
and  with  the  board  of  regents  of  the  State  university  if 
the  land  desired  is  university  land,  an»  application  to  pur- 
chase each  tract  so  desired,  supported  by  the  affidavit  of 
Its  president,  vice-president,  or  chief  engineer,  which  ap- 
plication shall: 

First:  Describe  by  metes  and  bounds  or  otherwise 
sufficient  to  satisfy  the  commissioner  of  the  general  land 
office,  or  the  board  of  regents  of  the  State  university,  as 
the  case  may  be,  of  the  particular  tract  or  tracts  of  land 
that  it  desires  to  purchase  under  the  provisions  of  this 
law. 

Second:  Said  application  shall  show  that  said  land  so 
applied  for  is  desired  and  needed  by  said  railway  com- 
pany for  some  one  or  more  of  the  purposes  for  which  the 
sale  of  such  lands  are  authorized  by  this  Act,  and  that  it 
is  the  intention  of  said  railway  company  to  speedily  use 
said  land'  for  such  purpose  or  purposes. 

Third:  That  said  application  is  not  made  for  the 
use  or  benefit  of  any  other  person  or  corporation  than  the 
applicant,  nor  In  collusion  with  or  in  the  interest  of  any 
other  person  or  corporation  whatsoever,  and 

Fourth:  That  said  railway  company  applying  for  said 
land  shall  furnish  the  commissioner  of  the  general  land 
office  or  board  of  regents  of  the  State  university,  as  the 
case  may  be,  with  a  plat  and  map,  together  with  the  field 
notes  of  each  tract  of  land  so  applied  for,  if  required  by 
such  commissioner,  or  board  of  regents,  which  plat  and 
map  shall  accompany  said  application  and  affidavit. 

Amounts  that  may  be  purchased.  §  3.  The  amount  of 
land  that  may  be  purchased  by  any  one  railway  company, 
or  for  any  one  railway  company,  under  the  provisions  of 
this  law,  for  the  several  purposes  named  in  this  Act,  and 
the  conditions  and  limitations  imposed  thereon  shall  be  as 
follows:  If  such  land  is  desired  for  the  purpose  of  the 
location  and  establishment  thereon  of  depots,  stations, 
yards,  divisional  terminals,  shops,  or  roundhouses,  said 
railway  company  shall  be  permitted  to  purchase  only  such 
an  amount  of  land  as  may  be  necessary  for  the  proper 
operation  and  maintenance  of  said  railway,  which  fact 
shall  be  determined  by  said  commissioner  of  the  general 
land  office,  or  said  board  of  regents,  as  the  case  may  be, 
and  if  desired  by  them,  they  may,  for  that  purpose,,  have 
the  advice  and  assistance  of  the  engineer  of  the  railroad 
commission  of  Texas;  and  if  said  land  applied  for  be 
desired  for  water  stations  at  points  on  or  near  said  line 
of  railway  where  it  is  necessary  to  construct  and  main- 
tain a  dam  and  reservoir  for  the  impounding  of  rain 
water,  for  the  operation  and  use  of  said  railway,  sufficient 
land  may  be  sold  for  such  purposes  as  may  be  necessary 
for  the  proper  construction,  preservation  and  maintenance 
of  such  water  station,  not  to  exceed  640  acres  for  each 
water  station.  And  if  said  land  be  desired  for  the  location 
and  establishment  thereon  of  a  town  site,  not  exceeding 
320  acres  shall  be  sold  for  each  town  site;  provided,  that 
if  any  railway  company  shall  fail  to  use  said  land  so  pur- 
chased by  it  under  any  of  the  provisions  of  this  Act  for 
the  purpose  for  which  same  was  sold  within  five  years 
from  the  date  of  the  patent  for  each  tract  of  land  sold, 
said  land,  and  all  improvements  thereon  belonging  to 
said  railway  company,  shall  revert  to  the  fund  to  which  It 
formerly  belonged;  and  provided,  further,  that  if  said 
land  be  sold  for  town  site  purposes,  such  tract  must  be  at 
least  eight  miles  distant  from  any  other  tract  of  land  sold 
for  the  same  purpose  to  said  railway  company,  and  after 
such  sale  no  other  tract  or  tracts  of  land  shall  ever  be 
sold  to  said  railway  company,  or  its  assigns,  for  town  site 
purposes,  adjoining  said  tract  sold  for  such  purpose;  and 
provided,  further,  that  if  the  land  applied  for  be  for  the 
purpose  of  depots,  stations,  yards,  divisional  terminals, 
shops  or  roundhouses,  the  land  applied  for  such  purposes 
must  adjoin  the  line  of  road,  railroad  tracks  or  right  of 
way  of  said  railway  company;  and  all  lands  sold  for  town 
sites  must  either  adjoin  said  railway  tracks,  line  of  road 
or  right  of  way,  or  adjoin  land  sold  under  this  Act  to  said 


railway  company  for  depots,  stations,  yards,  divisional 
terminals,  shops  or  roundhouses;  and  provided,  further, 
that  all  lands  acquired  for  town  site  purposes  under  this 
bill  shall  be  in  good  faith  placed  upon  the  market  for  sale, 
and  said  railway  company  shall  alienate  the  title  to  said 
land  so  sold  to  said  railway  company  within  the  term  of 
10  years  after  acquiring  title  to  same;  and  provided, 
further,  that  if  said  land  be  desired  for  a  water  station 
and  reservoir  for  the  impounding  of  rain  water  for  the  use 
and  operation  of  said  railway,  each  tract  sold  for  such 
purpose  must  be  within  three  miles  of  the  line  of  road  of 
said  railway  company,  and  must  be  at  least  eight  mile» 
distant  from  any  other  tract  sold  to  the  same  railway 
company  for  same  purpose:  and  when  said  tract  of  land 
sold  for  water  stations  does  not  adjoin  said  line  of  road 
of  said  railway  company,  said  railway  shall  have  the  right 
of  way  over  any  lands  belonging  to  either  of  the  funds 
mentioned  in  this  Act  for  its  water  mains  from  its  said 
water  station  to  its  line  of  railway. 

May  huy  less  than  entire  survey.  §  4.  If  any  railway 
company  desires  to  purchase  any  public  free  school  land 
under  the' conditions  and  provisions  of  this  Act  out  of  any 
tract  of  such  public  free  school  land  containing  less  than 
320  acres,  it  shall  in  its  application  therefor  describe  by 
metes  and  bounds,  or  otherwise,  to  the  satisfaction  of  the 
commissioner  of  the  general  land  office,  the  particular  por- 
tion of  any  existing  survey,  which  is  may  so  desire  to  p  ir- 
chase,  and  such  commissioner  shall  be  and  is  hereby  au- 
thorized to  sell  such  number  of  acres  so  applied  (or,  thout;h 
less  than  the  whole  survey,  under  the  provisions  and  con- 
ditions of  this  Act,  but  all  sales  of  less  than  the  ent  re 
tract  shall  be  in  80-acre  tracts,  or  multiples  thereof. 

Emergency.  §2.  The  fact  that  valuable  public 
provements  are  now  desired  to  be  erected  and  town  :: 
established  upon  some  of  the  public  lands  in  the  westc  n 
part  of  this  State  in  accordance  with  the  provisions  of  tie 
foregoing  bill,  and  the  fact  that  such  improvements  v.  ill 
redound  to  the  great  benefit  of  the  inhabitants  of  tl  is 
State,  and  the  further  fact  that  there  is  now  no  adequfte, 
law  or  means  by  which  railway  companies  can  obtain  pi  b- 
lic  free  school,  university  or  asylum  lands  in  the  weste  'n 
portion  of  this  State  for  the  purposes  enumerated  in  tl  is . 
Act,  creates  an  emergency  and  an  imperative  public  neci  s- 
slty  that  the  constitutional  rule  requiring  bills  to  be  re  id 
on  three  several  days  be  suspended,  and  that  this  A  ot 
take  effect  and  be  in  force  from  and  after  its  passage,  a  id 
it  is  so  enacted. 


^i 


SUITS   against  BAILROADS;    VENUE  ANIi  PARTIES. 

(Acts,  1905,  p.  29.) 
Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Suits  against  connecting  carriers,  cohere  brought,     s  1. 
That  whenever  any   passenger,   freight,  baggage  or  oth^r. 
property   has   been   transported   by   two   or   more   railro  id  | 
companies,    express    companies,    steamship    or    steambcati 
companies,  transportation  companies  or  common  carriers | 
of    any    kind    or    name    whatsoever,    or   by   any    assignee,, 
lessee,  trustee  or  receiver  thereof,  or  partly  by  one  or  mcrej 
such  companies,  or  common  carriers,  and  partly  by  one  orj 
more   assignee,   lessee,   trustee  or   receiver  thereof  oper  it-, 
ing   or  doing  business   as   such   common   carriers   in    tl  isj 
State,  or  having  an  agent  or  representative  in-  this  Sta  e, 
suit  for  damage  or  loss  or  for  any  other  cause  of  acti  )n 
arising  out  of  such  carriage,  transportation  or  contract  in 
relation  thereto  may  be  brought  against  any  one  or  all  of 
such  common  carriers,  assignees,  lessee,  trustees  or  rece.v- 
ers  so  operating  or  doing  business  in  this  State,  or  havi  ig 
an  agent  or  representative  in  this  State,  in  any  court  of 
competent  jurisdiction   in   any   county  in  which  either  of 
such  common  carriers,  assignees,  lessees,  trustees  or  receiv- 
ceivers  operates  or  does  business,  or  has  an  agent  or  rep-! 
resentative;    provided,  however,  that  if  damages  be  recov- 
ered in  such  suits  against  more  than  one  defendant,  r  ot 
partners  in  such  carriage,  transportation  or  contract,  the 
same  shall  on  request  of  either  party  be  apportioned    be> 
tween  the  defendants,  by  the  verdict  of  the  jury,  or  if  no 
jury  is  demanded,  then  by  the  judgment  of  the  court. 

Service  on  train  conductor  or  agent  of  foreign  railroad., 
§  2.  That  service  may  be  had  on  foreign  corporations 
having  agents  in  this  State  in  addition  to  the  means  now 
provided  by  law  by  serving  citation  upon  any  train  con- 
ductor who  is  engaged  in  handling  trains  for  two  or  more 
railway   corporations,  whether  said   railroad  corporations 


Public  Service  Laws 


1307 


are  foreign  or  domestic  corporations,  if  said  conductor 
handles  trains  over  foreign  or  domestic  corporations'  track 
across  the  State  line  of  Texas,  and  on  the  track  of  a 
domestic  railway  corporation  within  the  State  of  Texas,  or 
upon  any  agent  who  has  an  office  in  Texas,  and  who  sells 
tickets  or  makes  contracts  for  the  transportation  of 
passengers  or  property  over  any  line  of  railway  or  part 
thereof,  or  steamship  or  steamboat  of  any  such  foreign 
corporation  or  company. 

Conductors  designated  as  apents.  §  3.  For  the  pur- 
pose of  obtaining  service  of  citation  on  foreign  railway 
corporations,  conductors  who  are  engaged  in  handling 
trains  and  agents  engaged  in  the  sale  of  tickets  or  the 
making  of  contracts  for  the  transportation  of  property,  as 
described  in  §  2  of  this  Act,  are  hereby  designated  as 
agents  of  said  foreign  corporations  or  companies  upon 
whom  citation  may  be  served. 

Emergency.  §  4.  The  fact  that  there  is  now  no  ade- 
quate law  providing  for  the  means  of  obtaining  citation 
and  providing  for  the  venue  in  civil  cases  against  domestic 
and  foreign  railway  corporations,  creates  an  imperative 
public  necessity  and  an  emergency  exists  which  requires 
the  suspension  of  the  constitutional  rule  requiring  bills  to 
be  read  on  three  several  days  in  each  house,  and  it  is  en- 
acted that  such  rule  be  and  the  same  is  hereby  suspended 
and  this  Act  shall  take  effect  from  and  after  its  passage. 

Approved  March  13,  1905. 

CAR  SETJVICE  AND  FHEIGHT   M0VEr.IENT. 

(Texas  Acts  of  1907,  p.  343.) 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 
promptly.  §  1.  It  is  hereby  declared  to  be  the  duty  of 
every  railroad  company  operating  a  Lne  of  railroad 
within  this  State,  to  provide  sufficient  tracks,  switches, 
sidings,  yards,  depots  and  other  facilities  tor  receiving 
and  delivering  freight,  motive  power,  cars  and  all  other 
needful  facilities  and  appliances  to  enable  it,  with  rea- 
sonable dispatch,  to  perform  all  of  its  duties  as  to  all 
traffic  which,  with  ordinary  foresight  and  diligence,  could 
be  anticipated  as  a  common  carrier;  and  to  furnish  all 
necessary  and  suitable  cars  and  vehicles  of  transporta- 
tion for  all  freight  offered  or  tendered,  or  to  be  offered  or 
tendered,  to  it  for  shipment  within  a  reasonable  time 
after  demand  therefor  made  by  any  shipper  of  such 
freight;  and  to  supply,  within  a  reasonable  time,  at  its 
station  or  stations,  spurs,  sidings,  switches  or  other 
places,  at  which  it  receives  freight  for  transportation 
and  from  which  such  shipper  gives  'notice  to  such  rail- 
way company  that  he  desires  to  ship  such  freight,  at 
the  time  designated,  by  the  shipper  where  it  is  within 
reasonable  time,  sufficient  suitable  cars  in  which  to 
load  the  same;  and  as  to  all  services  to  be  performed 
within  the  limits  of  this  State,  as  to  such  freight  and 
cars,  to  transport  same  within  a  reasonable  time  to 
destination  when  destined  to  a  point  upon  the  line  of 
such  railway  receiving  such  freight,  and,  if  destined  to 
a  point  beyond  the  line  of  such  railroad,  then  to  trans- 
port and  deliver,  within  a  reasonable  time,  such  freight 
in  such  loaded  car,  or  cars,  to  the  connecting  carrier 
forming  any  part  of  the  route  over  which  such  shipment 
is  made  for  the  purpose  of  transportation  by  such  con- 
necting carrier  on  to  the  destination  of  such  freight,  or 
for  delivery  by  it  to  the  connecting  line  or  lines  form- 
ing any  part  of  the  route  over  which  same  is  to  be 
transported  to  its  ultimate  destination;  and  it  shall 
likewise  be  the  duty  of  each  connecting  line  of  railroad 
engaged  in  such  transportation,  as  to  all  such  service 
to  be  performed,  as  to  all  such  freight  and  cars  in 
which  the  same  is  carried  within  this  State,  to  receive 
and  transport  within  a  reasonable  time  such  loaded  car, 
or  cars,  offered  or  tendered  to  it,  if  in  suitable  condi- 
tion for  movement,  and  deliver  the  same  at  the  destina- 
tion thereof,  if  destined  to  a  point  upon  its  line  of 
railroad,  and,  if  destined  to  a  point  beyond  its  line  of 
railroad,  then  to  its  connecting  carrier  forming  any  part 
of  the  route  over  which  such  car  or  cars  are  to  be 
transported,  subject  to  the  same  duties  and  obligations 
as  if  such  freight  had  originated  upon  such  line  of 
railroad;  provided,  that  where  such  freight  forms  less 
t  than  a  carload,  or  where  it  may  be  necessary  to  unload 
I  the  same  because  of  any  accident  or  injury  thereto  or 
I  to   the    car   in    which    the   same   is    being   transported,    or 


where  such  freight  is  unloaded  at  the  request  of  the 
shipper  en  route,  or  where  by  reason  of  any  accidental 
or  unavoidable  cause,  or  in  order  to  comply  with  any 
law  or  regulation  provided  by  law,  such  freight  is  un- 
loaded, or  it  is  reasonably  necessary  to  do  so,  or  where 
it  is  for  any  other  reason  necessary  to  unload  such 
freight  in  order  to  forward,  or  before  it  can  be  forwarded, 
in  any  such  case  where  suitable  cars  may  be  supplied; 
provided,  that  as  to  freight  carried  wholly  within  this 
State,  the  railroad  commission  of  Texas  shall  have  the 
power,  and  authority  is  hereby  vested  in  it,  to  make 
all  needful  rules  and  regulations  for  unloading  cars  at 
junction  points  or  otherwise  forwarding  cars,  furnishing 
cars  for  forwarding  or  reloading  and  the  exchange  of 
cars  and  forwarding  of  such  freight  in  the  same  or  other 
cars;  provided,  also,  that  whenever  by  reason  of  any 
accidental  or  unavoidable  cause,  which  cannot  be  rea- 
sonably provided  against  by  the  use  of  reasonable  fore- 
sight or  diligence,  such  railroad  company  fails  to  so 
furnish  cars  and  shall  use  reasonable  diligence  to  do  so 
promptly  after  the  happening  of  such  accidental  or  un- 
avoidable cause,  it  shall  not  on  account  of  such  failure 
be  liable  to  the  penalties  of  attorney's  fees  or  as  other- 
wise herein  prescribed.  But  nothing  in  this  Act  shall 
in  anywise  affect  the  right  or  remedy  of  any  shipper 
or  other  person  as  same  may  exist  at  common  law  or 
under  any  statute  to  recover  on  account  of  the  failure, 
delay  or  refusal  to  furnish  cars  for  transportation  of 
any  freight,  or  other  failure  to  perform  any  other  legal 
duty,  nor  to  in  anywise  exempt  any  such  railroad  com- 
pany from  any  of  the  provisions  of  the  statutes  of  this 
State  or  other  duties  imposed  by  law. 

To  exchange  cars  at  junction  points,  etc.  §  2.  That, 
for  the  purpose  of  facilitating  the  movement,  preserva- 
tioji  and  exchange  of  freight,  it  shall  be  the  duty  of 
every  railroad  company  in  this  State,  whose  line  of 
railroad  connects  with  the  line  of  any  other  railroad 
company  in  this  State,  to  exchange  at  such  connecting 
or  junction  points  the  loaded  and  empty  cars  used  in  or 
for  the  transportation  of  freight  carried  upon  such  lines 
of  railroad  forming  any  part  of  the  route  over  which 
said  freight  is  carried  or  to  be  carried,  and  it  shall  be 
the  duty  of  any  such  railroad  company  forming  any  part 
of  the  through  or  joint  route  over  which  any  freight  is 
carried  or  to  be  carried,  or  having  or  participating  in 
the  joint  rates  on  which  such  freight  is  carried  or  to  be 
carried,  on  demand  of  any  such  connecting  line,  deliver- 
ing to  it  any  such  loaded  car  or  cars  of  freight  at  junc- 
tion points  within  this  State,  to  furnish  to  such  deliver- 
ing line,  within  a  reasonable  time  after  such  loaded  cars 
are  so  received,  at  such  junction  point  in  this  State,  as 
many  cars  suitable  for  the  carria.ge  or  transportation  of 
similar  freight  as  may  be  so  delivered  to  it  loaded  by 
such  connecting  line;  and,  upon  the  demand  of  the 
owner  thereof,  or  the  railroad  company  entitled  thereto, 
or  to  the  use  thereof,  it  shall  be  the  duty  of  every  such 
railroad  company  so  receiving  the  cars  of  another  to 
return  the  same  at  the  place  where  they  were  received 
or  at  such  place  as  may  be  by  said  railroads  agreed 
upon,  within  a  reasonable  time  after  demand  therefor, 
and  as  to  cars  exchanged  in  transporting  freight  wholly 
in  this  State  within  the  time  and  according  to  the  rules 
and  regulations  prescribed  by  the  railroad  commission  of 
Texas. 

Commission  to  make  rules  for  exchange  of  cars.  etc.  §  3. 
The  railroad  commission  of  Texas  is  hereby  authorized 
and  empowered,  as  to  all  freight  carried  wholly  within 
this  State  and  the  cars  used  therefor,  to  make  and 
establish  all  needful  rules  and  regulations,  general  and 
special,  which  may  be  different  according  to  the  cir- 
cumstances and  conditions  of  different  railroads  and 
localities  and  for  different  kinds  and  classes  of  freight 
and  cars,  providing  for  the  time,  place  and  manner  of 
demanding  cars  for,  or  giving  notice  of  shipment  of  such 
freight  and  the  time,  place,  manner  and  order  in  which 
the  same  shall  be  furnished  to  shippers  for  the  purpose 
of  shipping  freight  between  jxjints  in  this  State;  and  to 
prescribe  rules  and  regulations  for  the  furnishing,  ex- 
changing and  interchanging  of  cars,  loaded  and  empty, 
by  railroad  companies  as  between  each  other;  the  time, 
place,  terms  and  conditions  upon  which  such  cars  shall 
be  furnished  and  such  interchange  shall  be  made,  and  in 


1308 


National  Association  of  Railway  Commissioners 


the  absence  of  an  agreement  of  such  railroad  companies, 
the  reasonable  compensation  to  be  paid  by  each  railroad 
company  for  the  use,  loss,  Injury  or  destruction  of  the 
cars  of  another  railroad  company  In  the  transportation 
of  such  freight;  the  time  within  which,  and  the  manner 
by  which,  railroad  companies  shall  give  notice  or  make 
demand  upon  each  other  for  cars  to  be  furnished  by 
one  railroad  company  in  exchange  for  loaded  cars,  or 
to  have  its  cars  returned;  the  reasonable  free  time  to 
be  allowed  the  shippers  for  the  loading  of  such  car  or 
cars  without  incurring  liability  for  demurrage;  the  free 
time  which  shall  be  allowed  to  the  shipper  or  consignee 
In  which  to  unload  such  freight  without  incurring  any 
liability  for  demurrage;  a  schedule  of  reasonable  de- 
murrage charges,  reciprocal  or  otherwise,  for  the  use  of 
cars  irrespective  of  damages  or  penalties  herein  pro- 
vided, which  may  be  different  for  different  railroads  and 
different  traffic  and  localities,  to  be  paid  by  shippers 
for  the  detention  or  use  of  cars,  either  In  loading  or 
unloading,  or  by  the  railroads  for  failing  in  a  reason- 
able time  to  furnish  cars,  or  to  make  delivery  of  loaded 
cars,  subject  to  the  penalties  and  damages  herein  pro- 
vided, and  the  rules  and  regulations  with  respect  thereto. 
Said  commission,  whenever  it  may  deem  same  necessary 
In  order  to  secure  the  prompt  transportation  of  freight 
and  preservation  of  the  property,  shall  be  authorized  to 
prescribe  the  minimum  speed  at  which  freight  shall  be 
moved  when  being  transported  between  points  within 
this  State,  including  the  time  for  transfer  and  delivery 
as  between  connecting  railroads.  It  shall  be  the  duty 
of  every  such  railway  company  to  conform  to  all  of  the 
rules  and  regulations  and  orders  of  the  commission 
made  in  accordance  with  this  Act,  and  the  failure  of 
any  such  railroad  company  to  observe  the  rules  and 
regulations  of  the  commission  or  to  comply  with  the 
provisions  hereof,  as  to  freight  carried  wholly  within 
this  State,  shall  be  deemed  an  abuse  subject  to  correc- 
tion by  the  railroad  commission  of  Texas,  and  shall 
subject  such  railroad  company  to  the  penalties  herein- 
after provided. 

Railroad's  liability  for  failure  to  furnish  cars,  etc.  §  4. 
That  every  railroad  company  which,  in  violation  of  any 
of  the  provisions  of  this  Act,  shall  fail  to  furnish  any 
car  or  cars  for  the  shipment  of  any  freight  within  a 
reasonable  time,  or,  in  case  of  the  shipment  of  freight 
between  points  when  within  this  State,  then  within  the 
time  prescribed  by  the  railroad  commission  of  Texas,  in 
the  event  it  shall  prescribe  the  time  by  rules  or  regula- 
tions, as  provided  for  herein,  and,  if  it  shall  fail  to  do 
so,  then  within  a  reasonable  time,  or  shall  fall  to  re- 
ceive and  forward  any  loaded  car  or  cars  or  to  exchange 
cars,  as  provided  for  herein,  shall  be  liable  to  the  ship- 
per or  other  person  injured  or  damaged  thereby  for  all 
such  injury  and  damages  as  may  result  to  such  shipper 
and  all  special  damages  of  which  such  railroad  company 
had  notice  at  the  time  of  the  shipment  or  which  shall 
occur  after  written  notice  thereof,  and  shall  be  liable  in 
addition  thereto  for  an  amount  equal  to  a  reasonable 
attorney's  fee  in  case  suit  is  brought  for  the  recovery 
of  such  damage;  and  in  case  of  the  failure  or  refusal 
to  so  furnish,  within  a  reasonable  time,  any  car  or  cars 
for  the  shipment  of  live  stock,  green  fruit,  vegetables  or 
other  perishable  freight,  such  railroad  company,  for 
such  failure  to  furnish  such  car  or  cars  within  a  reason- 
able time,  shall  be  liable  to  the  shipper  for  the  damage 
caused  thereby,  and  a  reasonable  attorney's  fee  in  case 
suit  is  brought  to  recover  the  same.  That  every  rail- 
road company  which  shall  fail  to  furnish  cars  or  to 
exchange,  as  required  by  the  provisions  of  this  Act,  or 
by  the  rules  and  regulations  of  the  railroad  commission 
as  provided  for  herein,  shall  be  liable  to  the  railroad 
company  injured  thereby  for  all  such  damage  as  may 
result  to  it  and  in  addition  thereto  an  amount  equal  to  a 
reasonable  attorney's  fee  in  case  of  suit  brought  for 
the  recovery  of  any  damage.  Every  railroad  company 
using  cars  of  another  railroad  company,  or  which  have 
been  delivered  to  it  by  such  railroad  company,  shall  ba 
liable  to  the  party  entitled  thereto  to  pay  for  the  rea- 
sonable use  and  hire  thereof,  and  for  Injury  or  damage 
thereto,  or  destruction  thereof,  while  in  its  possession 
or  under  its  control  for  the  amount  of  such  injury;  and 
in  case  of  cars  in  the  shipment  of  freight  between  points 


wholly  within  this  State  the  amount  for  the  use  or  hire 
thereof  may  be  prescribed  by  the  railroad  commission  ot 
Texas,  except  where  the  owners  of  such  cars  and  such 
railway  companies  agree  upon  such  compensation,  in 
which  case  the  amount  so  fixed  shall  govern.  And 
where  any  such  railroad  company  or  owner  of  any  such 
car  or  cars  shall  be  dissatisfied  with  the  amount  fixed 
by  the  commission  for  such  use,  hire,  loss  or  destruc- 
tion, or  damage  to  such  car,  or  where  the  railroad  com- 
pany liable  therefor  shall  fail  to  pay  for  the  same,  the 
railroad  commission  or  person  entitled  thereto  or  which 
is  liable  for  the  use,  hire,  loss,  injury  or  destruction  of 
such  cars  shall  be  entitled  to  establish  the  reasonable 
value  thereof  in  a  suit  brought  in  any  court  of  this 
State  having  jurisdiction  of  the  parties  and  of  the 
amount  in  controversy,  and  such  court  shall  render  such 
judgment  as  it  shall  deem  just  and  reasonable;  provided, 
that  no  railroad  company  shall  be  compelled  to  furnish 
its  own  cars  to  any  other  railroad  company  which  is 
involved,  except  upon  reasonable  security  furnished  to 
it  to  protect  it  from  loss  of  or  damages  to,  or  destruc- 
tion of  such  cars  and  compensation  for  the  use  thereof, 
and  in  no  event  shall  any  railroad  company  be  required 
to  furnish  any  cars  to  any  connecting  line  except  to 
exchange  for  other  cars  reasonably  suitable  for  thi! 
transportation  of  freight. 

Liability  for  gross  negligence — "Shipper"  defined.  §  E. 
That  every  railroad  company  which  shall  wilfully  by  iti 
own  gross  negligence,  or  by  the  gross  negligence  of  it;! 
agents  having  charge  and  management  of  the  matter  o' 
furnishing  cars,  fail  or  refuse  to  furnish  or  exchange 
cars  as  herein  provided  for  or  to  transport  or  delive  ■ 
the  same  within  the  time  prescribed  by  the  commission 
as  to  freight  carried  between  points  wholly  within  thii; 
State,  or,  if  not  so  prescribed,  then,  within  a  reasonable 
time,  shall  in  addition  to  the  other  liabilities,  hereii 
provided  for,  forfeit  to  the  State  of  Texas  for  each  o 
such  violations  not  less  than  $1  nor  more  than  $100,  fo 
each  offense;  and  each  day  of  such  failure  or  neglec 
as  to  each  car  which  it  by  such  wilful  or  gross  negli 
gence  shall  fail  or  refuse  to  furnish  or  exchange  shal 
be  treated  as  a  separate  offense;  such  penalties  to  bt 
recovered  at  the  suit  of  the  attorney-general  of  the 
State  of  Texas  in  the  court  having  jurisdiction  of  ttt 
amount  at  Austin,   in  Travis  County.  J 

By  the  term  "shipper,"  as  herein  used,  is  meant  an; 
person,  firm  or  corporation  tendering  freight  for  ship 
ment,  and  any  consignor  or  consignee  of  any  bill  o 
lading,  or  other  persdn,  firm  or  corporation  having  thi 
right  of  a  consignor  or  consignee. 

What  "reasonable  time"  means.  §  6.  It  shall  be  deemei 
prima  facie  a  reasonable  time  within  which  to  orde 
cars  that  any  shipper  shall  give  written  notice  thereo' 
to  the  station  agent  at  the  place  of  shipment,  or  ii. 
his  absence  to  the  nearest  station  agent  of  the  rallroai; 
company  to  which  such  application  is  made  three  day  i 
before  such  shipment  of  5  cars  or  less,  and  five  days  fo  ' 
less  than  10  or  more  than  5  cars,  and  eight  days  fo  • 
10  cars  or  more,  and  it  shall  be  the  duty  of  the  railroail 
companies  to  furnish  their  station  agents  with  printe'l 
blanks  upon  which  shippers  may  make  application  f^ 
their  cars;  provided,  that  nothing  in  this  Act  shall 
construed  to  exempt  any  railroad  company  from  1113 
obligation  to  furnish  cars  for  shipment  without  suc'i 
written  notice,  but  it  shall  only  be  subject  to  the  pena  - 
ties  of  this  Act  for  failure  to  furnish  cars  to  shippera 
where  notice  thereof  shall  be  given  in  writing,  or 
case  of  shipment  of  freight  wholly  between  points 
this  State,  then  in  accordance  with  the  rules  and  ref 
tions   of  the   railroad   commission  of  Texas. 

Approved   May   1,  1907. 

SUPPLY   OF   KOLLINO    STOCK. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas:  11 
Duty  to  provide  sufficient  rolling  stock.  S  1.  It  »l 
hereby  declared  to  be  the  duty  of  every  railroad  com- 
pany incorporated  under  the  laws  of  the  State  of  Texas 
and  doing  business  in  this  State,  under  limitations  and 
regulations  prescribed  by  the  railroad  commission  of 
Texas,  to  equip  and  provide  sufficient  motive  power  and 
rolling  stock  to  handle  all  passenger  and  freight  traffic 
expeditiously  and  without  delay. 


1 


Public  Service  Laws 


1309 


Commission  to  see  that  rolling  stock  is  sufficient  to 
handle  the  traffic.  §  2.  The  railroad  commission  shall  have 
authority,  and  it  is  hereby  made  Its  duty,  to  see  that 
each  and  every  Vailroad  corporation  chartered  under  the 
laws  of  this  State,  holding  itself  out  as  a  public  highway 
and  common  carrier,  shall  provide  and  equip  Itself  with 
sufficient  motive  power  and  rolling  stock  or  other  equip- 
ment necessary  to  handle  all  passenger  and  freight  traffic 
expeditiously  and  without  delay.  The  Railroad  Commis- 
sion of  Texas  shall  be  vested  with  full  power  to  require 
of  such  common  carriers  the  purchase  of  such  rolling 
stock  and  motive  power  as  will  properly  equip  such 
common  carrier  and  facilitate  the  movement  of  all  traffic, 
passenger  and  freight,  and  that  will  supply  the  trans- 
portation accommodations  which  such  common  carrier 
offers  to  perform  as  an  inducement  to  the  public  to 
travel  or  ship  via  the  lines  of  such  railroad  company  or 
common  carrier.  The  railroad  commission  is  also  au- 
thorized and  empowered  to  approve  lines  or  mortgages 
that  may  be  given  by  such  railroad  companies  and  com- 
mon carriers  to  secure  the  purchase  or  lease  price  'of 
any  equipment  or  motive  power  which  may  be  deemed 
by  the  railroad  commission  necessary  for  the  proper 
discharge  of  its  duty  as  a  common  carrier.  If  in  the 
judgment  and  discretion  of  the  commission,  any  railroad 
company  in  this  State,  which  now  has  an  excessive  issue 
of  bonds  and  stocks  outstanding,  has  not  sufficient  pas- 
senger and  freight  equipment  and  motive  power  to 
handle  the  passenger  and  freight  business  of  such  com- 
mon carrier  and  railroad  company.  It  shall  be  the  duty  of 
said  Railroad  Commission  of  Texas,  after  not  less  than 
five  days'  notice  and  hearing,  to  issue  an  order  requiring 
the  purchase  of  such  rolling  stock  as.  In  the  judgment 
and  discretion  of  the  commission,  may  be  deemed  neces- 
sary for  the  prompt,  expeditious  and  comfortable  trans- 
portation of  freight  and  passengers  over  the  line  of  such 
railroad  company  and  common  carrier,  and  In  such  case 
the  Railroad  Commission  of  Texas  is  authorized  to  ap- 
prove contracts  or  liens  for  the  purpose  of  securing  the 
purchase  or  lease  price  of  such  rolling  stock,  motive 
power  and   equipment. 

Penalty  for  disobeying  commission's  order.  §  3.  Any 
railroad  company  or  common  carrier  failing  to  comply 
with  the  provisions  of  this  Act  or  to  obey  the  orders  of 
the  railroad  commission,  made  in  pursuance  of  the  pro- 
visions hereof,  shall  be  deemed  guilty  of  an  abuse  of 
their  rights  and  privileges  and,  upon  conviction,  shall  be 
subject  to  a  fine  of  $100  for  a  violation  or  failure  to 
comply  with  any  order  that  may  be  issued  by  the  rail- 
road commission,  as  is  provided  said  commission  may 
do  by  §  2  of  this  Act,  and  each  day  that  such  railroad 
company  or  common  carrier  neglects,  fails  or  refuses  to 
comply  with  such  orders  shall  constitute  a  separate 
offense. 

Act  in  effect  forthwith.  §  4.  The  near  approach  of  the 
end  of  the  session  and  the  crowded  condition  of  the 
calendar  creates  an  imperative  public  necessity  and  an 
emergency  that  the  rule  requiring  bills  to  be  read  on 
three  several  days  be  suspended  and  that  this  Act  take 
effect  from  and  after  its  passage,  and  it  is  so  enacted. 

Approved  April  23,  1907. 

PASSENGER    AND    FREIGHT    STATIONS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Duty  of  railroad  to  maintain  stations.  §  1.  It  shall  be 
the  duty  of  all  railroad  companies  in  this  State  to  pro- 
vide and  maintain  adequate,  comfortable  and  clean  de- 
pots and  depot  buildings  at  their  several  stations,  for 
the  accommodation  of  passengers  and  to  keep  said  de- 
pot buildings  well  lighted  and  warmed  for  the  comfort 
and  accommodation  of  the  traveling  public;  provided, 
further,  that  said  railroad  companies  shall  keep  and 
maintain  separate  apartments  in  such  depot  buildings 
for  the  use  of  white  passengers  and  negro  passengers, 
and  to  keep  and  maintain  adequate  and  suitable  freight 
depots  and  buildings  for  the  receiving,  handling,  storing 
and  delivering   of  all   freights   handled   by  such  roads. 

Commission  to  require  building  thereof.  §  2.  Power  is 
hereby  conferred  upon  the  Railroad  Commission  of 
Texas  to  require  compliance  by  railroad  companies  with 
the  provisions  of  this  Act  under  such  regulations  as  said 
commission  may  deem  reasonable,  and  all  railroad  com- 


panies shall  be  subject  to  the  penalties  prescribed  by 
law  for  failure  to  comply  with  such  requirements. 

Emergency.  §  3.  The  fact  that  there  Is  no  adequate 
law  of  this  State  requiring  railroad  companies  to  pro- 
vide suitable  passenger  and  freight  depot  buildings  at 
their  several  stations,  creates  an  emergency  and  an 
Imperative  public  necessity  that  this  Act  be  passed 
under  the  suspension  of  the  constitutional  rule  requiring 
bills  to  be  read  on  three  several  days,  and  the  rule 
is  hereby  Suspended,  and  this  Act  shall  take  effect 
from  and  after  its  passage,  and  it  Is  so  enacted. 

Approved   May   10,  1909. 

UNION   PASSENGER  STATIONS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Commission  may  order  union  stations.  §  1.  Where  two 
or  more  railroad  companies  reach  the  same  city  or  town 
In  this  State,  it  shall  be  the  duty  of  the  Railroad  Com- 
mission of  Texas  to  ascertain  whether  it  is  practicable 
and  feasible  for  such  railroad  companies  to  use  a  joint 
or  union  passenger  depot,  and  If  the  railroad  commis- 
sion finds  upon  investigation  that  it  is  practicable  for 
such  railroad  companies  to  join  in  the  construction  and 
use  of  a  passenger  depot,  then  it  shall  give  notice  to 
said  railroad  companies,  and,  after  investigation  and 
public  hearing,  may  require  the  construction  and  main- 
tenance of  such  union  passenger  depot  by  the  railroad 
companies  entering  any  such  city  or  town;  provided,  that 
It  shall  appear  to  the  railroad  commission  that  the  con- 
struction and  maintenance  of  such  joint  or  union  pas- 
senger depot  are  just  and  reasonable  to  the  railroad 
companies  involved  and  demanded  by  the  public  inter- 
est. The  railroad  commission  may  specify  the  re- 
quirements of  such  union  depot  as  to  kind  and  charac- 
ter; and  said  railroad  commission  may  apportion  the 
cost  of  constructing  and  maintaining  the  same  to 
each  railroad  company  in  cases  where  the  interested 
railroad  companies  cannot  themselves  agree. 

Penalty  for  failure  to  obey  order.  §  2.  Failure  upon 
the  part  of  any  railroad  company  to  observe  and  obey 
the  orders  of  the  railroad  commission,  Issued  in  com- 
pliance with  §  1  of  this  Act,  shall  subject  such  rail- 
road company  to  the  fines  and  penalties  prescribed  by 
law  for  failure  to  obey  the  lawful  requirements,  orders, 
judgments  and  decrees  made  by  the  Railroad  Commis- 
sion of  Texas. 

Emergency.  §  3.  The  fact  that  there  Is  now  no  ade- 
quate law  requiring  two  or  more  railroad  companies 
entering  the  same  city  or  town  to  construct  and  main- 
tain union  passenger  depots,  creates  an  emergency  and 
an  imperative  public  necessity  requiring  that  this  Act 
be  passed  under  the  suspension  of  the  constitutional 
rule  requiring  bills  to  be  read  on  three  several  days, 
and  the  rule  Is  therefore  suspended,  and  this  Act  shall 
take  effect  and  be  in  force  from  and  after  its  passage, 
and  it  Is  so  enacted. 

Approved    May    10,    1909. 

WHITE    AND    NEGRO    PASSENGERS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

§  1.  That  article  1010,  chapter  13,  title  XVIII,  of  the 
Penal  Code  of  the  State  of  Texas,  be  amended  so  thai 
It  shall  hereafter  read   as   follows: 

Separate  quarters  to  be  provided.  Art.  1010.  Every  rail- 
way company,  street  car  company  and  interurban  rail- 
way company,  lessee,  manager,  or  receiver  thereof,  doing 
business  in  this  State  as  a  common  carrier  of  passen- 
gers for  hire,  shall  provide  separate  coaches  or  com- 
partments, as  hereinafter  provided,  for  the  accommoda- 
tion of  white  and  negro  passengers,  which  separate 
coaches  or  compartments  shall  be  equal  in  all  points 
of   comfort  and   convenience. 

"Negro"  defined.  §  2.  The  term  negro  used  herein  In- 
cludes every  person  of  African  descent  as  defined  by 
the  statutes  of  this   State. 

Compartments,  how  separated.  §  3.  Each  compartment 
of  a  railroad  coach  divided  by  good  and  substantial 
wooden  partitions  with  a  door  therein  shall  be  deemed 
a  separate  coach  within  the  meaning  of  this  Act,  and 
each  separate  coach  shall  bear  in  some  conspicuous 
place  appropriate  words  in  plain  letters  indicating  the 
race  for  which  It  Is  set  apart;  and  each  compartment 
of  the  street  car  or  Interurban  car  divided  by  board  or 


1310 


National  Association  of  Railway  Commissioners 


marker  placed  in  a  conspicuous  place,  bearing  appropri- 
ate words  in  plain  letters  indicating  the  race  for  which 
it  is  set  apart,  shall  be  sufficient  as  a  separate  com- 
partment within  the   meaning  of  this  Act. 

Penalty  as  to  railroad.  §  4. .  Any  railway  company, 
street  car  company  or  interurban  railroad  company, 
lessee,  manager  or  receiver  thereof,  which  shall  fail  to 
provide  its  cars  bearing  passengers  with  separate 
coaches  or  compartments,  as  above  provided  for,  shall 
be  liable  for  each  and  every  failure  to  a  penalty  not  less 
than  $100  nor  more  than  $1,000,  to  be  recovered  by 
suit  in  the  name  of  the  State  in  any  court  of  competent 
jurisdiction,  and  each  trip  run  with  such  train  or  street 
ear  or  interurban  car  without  su'ch  separate  coach  or 
compartment  shall  be  deemed  a  separate  offense. 

Penalty  as  to  passengers.  S  5.  If  any  passenger  upon  a 
train  or  street  car  or  interurban  car  provided  with 
separate  coaches  or  compartments,  as  above  provided, 
shall  ride  in  any  such  coach  or  compartment  not  desig- 
nated for  his  race  after  having  been  forbidden  to  do  so 
by  the  conductor  in  charge  of  the  train,  he  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not  less  than  $5  nor  more  than  $25. 

Exceptions.  §  6.  The  provisions  of  this  Act  shall  not 
be  so  construed  as  to  prohibit  nurses  from  traveling 
in  any  coach  or  compartment  with  their  employer,  or 
employes  upon  the  train  or  cars  in  the  discharge  of 
their  duty,  nor  shall  it  be  construed  to  apply  to  such 
freight  trains  as  carry  passengers  in  cabooses;  pro- 
vided, that  nothing  herein  contained  shall  be  construed 
to  prevent  railroad  companies  in  this  State  from  haul- 
ing sleeping  cars,  dining  or  cafe  cars  or  chair  cars 
attached  to  their  trains  to  be  used  exclusively  by  either 
white   or  negro   passengers,   separately   but  not  jointly. 

Law  to  &(■  posted.  §  7.  Every  railroad  company  carry- 
ing passengers  in  this  State  shall  keep  this  law  posted 
in  a  conspicuous  place  in  each  passenger  depot  and  in 
each    passenger    coach    provided    in    this    law. 

Excursion  trains.  S  8.  The  provisions  of  this  law  shall 
not  apply  to  any  excursion  train  or  street  car  or 
interurban  car  as  such  for  the  benefit  of  either  race. 

Duty  of  conductors.  §  9.  Conductors  of  passenger  trains, 
street  cars  or  interurban  lines  provided  with  separate 
coaches  shall  have  the  authority  to  refuse  any  passenger 
admittance  to  any  coach  or  compartment  in  which  they 
are  not  entitled  to  ride  under  the  provisions  of  this 
law,  and  the  conductor  in  charge  of  the  train  or  street 
car  or  interurban  car  shall  have  authority,  and  it  shall 
be  his  duty,  to  remove  from  a  coach  or  street  car,  or 
Interurban  car,  any  passenger  not  entitled  to  ride  therein 
under  the  provisions  of  this  Act,  and  upon  his  refusal 
to  do  so  knowingly  shall  be  guilty  of  a  misdemeanor, 
and  upon'  conviction  shall  be  fined  in  any  sum  not  less 
than   $5   nor   more   than   $25. 

Fines  go  to  school  fund.  §  10.  All  fines  collected  under 
the  provisions  of  this  law  shall  go  to  the  available 
common  school  fund  of  the  county  in  which  conviction 
is  had.  Prosecutions  under  the  provisions  of  this  law 
may  be  instituted  in  any  court  of  competent  jurisdiction 
in  any  county  through  or  into  which  said  railroad  may 
be   run  or  have  an  office. 

Emergency.  §  11.  The  great  necessity  of  this  legisla- 
tion and  the  crowded  condition  of  the  calendar,  and  the 
near  approach  of  the  close  of  this  session  of  the  legis- 
lature, creates  an  emergency  and  an  imperative  public 
necessity  requiring  that  the  constitutional  rule  which 
requires  bills  to  be  read  on  three  several  days  be 
suspended,  and  that  this  Act  take  effect  from  and  after 
its  passage,  and  it  is  so  enacted. 

Approved   March   22,   1907. 

FREE  PASSES. 

(Acts    of    1907,    page    93.) 
Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Common  carriers  forbidden  to  give  free  service  or  serv- 
ice at  reduced  rates.  §  1.  That  if  any  steam  or  electric 
railway  company,  street  railway  company,  interurban 
railway  company  or  other  chartered  transportation  com- 
pany, express  company,  sleeping  car  company,  telegraph 
or  telephone  company  or  person  or  association  of  per- 
sons operating  the  same  or  the  receivers  or  lessees 
thereof   or    any    officer,    agent   or   employe    of    any   such 


company  in  this  State,  shall  knowingly  haul  or  carry 
any  person  or  property  free  of  charge  or  give  or  grant 
to  any  person,  firm,  association  of  persons,  or  corpora- 
tion, a  free  pass,  frank,  a  privilege  or  a  substitute  for 
pay  or  a  subterfuge  which  is  used  or  which  is  given 
to  be  used  instead  of  'the  regular  fare  or  rate  for  trans- 
portation, or  any  authority  to  permit  whatsoever  to 
travel  or  to  pass  or  convey  or  transport  any  person  or 
property  free,  or  sell  any  transportation  for  anything  ex- 
cept money  or  for  any  greater  or  less  rate  than  is 
charged  to  all  persons,  under  the  same  condition,  over 
any  railway  or  other  transportation  line  or  part  of  line 
in  this  State;  or  shall  knowingly  permit  any  person  to 
transmit  any  message  free  in  this  State  or  shall 
give  any  frank  or  right  or  privilege  to  transmit 
messages  free  in  this  State  or  property  free  of 
charge  or  for  greater  or  less  fare  or  rate  than  is 
charged  other  persons  in  this  State  for  similar  serv- 
ice; except  such  persons  as  are  hereinafter  exempted 
under  the  provisions  of  this  Act,  shall  be  guilty  of  Ji 
misdemeanor,  and  upon  conviction  in  any  action  brought: 
on  this  account,  and  for  that  purpose,  shall  pay  to  th«i 
State  of  Texas  the  sum  of  $5,000  for  each  and  ever} 
act  which  violates  the  provisions  of  this  section;  and 
any  person,  president,  director,  officer,  employe  oi 
agent  of  any  such  corporation  or  association  of  persons 
who  shall  sell  any  transportation  for  anything  except 
money  or  knowingly  give,  grant,  issue  or  cause  to  be 
issued  a  free  pass,  a  frank,  a  privilege  or  any  substitute 
for  or  in  lieu  thereof  for  the  transportation  of  any  per- 
son, article  or  thing  or  the  sending  or  transmitting  of 
any  messages  over  wire  or  other  means  of  transmitting 
messages  in  this  State  except  to  such  persons  as  are 
hereinafter  exempted  from  the  provisions  of  this  Act, 
shall  be '  deemed  guilty  of  a  felony  under  the  laws  of 
this  State  and  upon  conviction  for  such  act  shall  be 
punished  by  a  fine  of  not  less  than  $500  nor  more  than 
$2,000,  and  may  in  addition  thereto,  in  the  discretion 
of  the  jury,  be  imprisoned  in  the  penitentiary  for  a  term 
of   not   less   than   six   months   nor   more   than    two   years. 

Exceptions.  §  2.  That  the  provisions  of  §  1  of  this  Act 
shall  not  be  held  to  prohibit  any  steam  or  electric  or 
interurban  railway  company  or  chartered  transportation 
company  or  sleeping  car  company  or  the  receivers  or 
lessees  thereof  or  persons  operating  the  same,  or  the 
officers,  agents  or  employes  thereof  from  granting  free 
or  exchanging  free  passes,  franks,  privileges,  substitute 
for  pay  or  other  thing  herein  prohibited,  to  the  follow- 
ing persons:  The  actual  bona  fide  employes  of  any 
such  companies  and  the  dependent  members  of  their 
immediate  families.  The  term  employe  shall  be  con- 
strued to  embrace  the  following  persons  only:  All  per- 
sons actually  employed  and  engaged  in  the  service  of 
any  of  such  companies,  includins;  its  offirFr;;.  bc".  ^'le 
ticket,  passenger  and  freight  agents,  physicians,  sur- 
geons and  general  attorneys  and  attorneys  who  ap- 
pear in  courts  of  record  to  try  cases  and  who  receive 
a  reasonable  annual  salary,  and  also  ex-employers  within 
four  months  after  leaving  the  service  of  any  of  such 
companies  and  while  seeking  employment.  Also  persons 
actually  employed  on  sleeping  cars,  express  cars,  line- 
men of  telegraph  and  telephone  companies,  newsboys 
employed  on  trains,  railway  mail  service  employes,  post- 
office  inspectors,  chairman  and  bona  fide  members  of 
grievance  committee  of  employes,  bona  fide  custom  and 
immigration  inspectors  employed  by  the  government, 
the  State  health  officer  and  one  assistant,  and  Federal 
health  officers,  also  when  live  stock,  poultry,  fruit, 
melons,  or  other  perishable  produce  is  shipped,  the 
necessary  caretakers  while  en  route  and  return,  also 
trip  passes  to  the  indigent  poor  when  application  there- 
for is  made  by  any  religious  or  charitable  organiza- 
tion, sisters  of  charity,  also  persons  injured  in  wrecks 
upon  the  road  of  any  such  company  immediately  after 
such  injury  and  the  physicians  and  nurses  attending 
such  persons  at  time  thereof,  also  persons  and  property 
carried  in  cases  of  general  epidemic,  pestilence  or  other 
calamitous  visitations  at  the  time  thereof,  or  immedi- 
ately thereafter.  Also  the  State  rangers,  sheriffs  or 
other  bona  fide  elective  peace  officers  whoSe  duties  are 
to  execute  criminal  processes,  provided  that  if  any 
such  railroad  or  transportation  company  shall  grant  to 
any   sheriff   a   free   pass   over   its    lines   of   railroad,    then 


Public  Service  Laws 


1311 


it  shall  issue  like  free  transportation  to  each  and  every 
sheriff  in  this  State  who  may  make  to  it  written  appli- 
cation therefor,  and  provided  further  that  said  sheriffs 
and  other  peace  officers  above  mentioned  using  such 
free  passes  or  transportation  shall  deduct  the  money 
value  of  the  same,  at  the  legal  rate  per  mile  from  any 
mileage  accounts  against  the  State  and  litigants  earned  by 
them  in  executing  process  when  such  pass  was  used  or  could 
have  been  used;  also  members  of  the  live  stock  sani- 
tary commission  of  Texas,  not  exceeding  12  in  number 
for  any  one  year;  provided,  that  nothing  in  this  Act 
shall  prevent  any  such  companies,  the  receivers  or  les- 
sees thereof,  or  the  officers,  agents  or  employes  from 
granting  to  ministers  of  religion,  reduced  rates  of  one- 
half  the  regular  fare,  nor  shall  anything  in  this  Act 
prevent  any  such  companies,  their  receivers  or  lessees 
from  transporting  free  of  charge  any  article  being  sent 
to  any  orphan  home  or  other  charitable  Institution; 
provided,  further,  that  nothing  in  this  Act  shall  be  con- 
strued to  prohibit  any  such  companies,  their  receivers 
or  lessees  or  officers,  agents  or  servants  from  making 
special  rates  for  special  occasions  or  under  special  con- 
ditions, but  no  such  rate  shall  even  be  made  without 
first  obtaining  authority  from  the  Railroad  Commission 
of  Texas;  and  provided,  further,  that  no  persons  who 
hold  pny  puhlic  offlc  in  this  Strte  '■h^'li  r.t  ny  time 
during  their  term  of  office  be  entitled  to  any  such  free 
pass  or  transportation,  privilege  or  franks  or  substi- 
tute for  fare  or  charges  over  any  railway  or  other 
company  mentioned  in  §  1  of  this  Act.  except  employes 
operating  trains  when  in  the  actual  discharge  of  their 
duties  as  such  and  the  officers  hereinbefore  exempted; 
provided,  further,  that  nothing  in  this  Act  shall  prohibit 
any  street  railway  company  from  transporting  free  of 
charge,  police  officers  and  firemen  in  any  city  where 
said  company  is  authorized  so  to  do  by  any  ordinance 
or  authority  from  the  city  council  of  any  such  city; 
provided,  however,  that  no  person  or  persons,  bene- 
ficiaries of  free  transportation  herein  permitted,  shall 
ride  on  a  free  pass  or  enjoy  free  transportation  to  or 
from  any  political  convention  or  on  any  political  errand. 
That  nothing  in  this  Act  shall  prohibit  any  express 
company  from  hauling  or  carrying,  free  of  charge,  the 
packages  and  property  of  its  actual  and  bona  fide  of- 
ficers, attorneys,  agents  and  employes  who  are  actu- 
ally in  the  employment  of  any  such  company,  its  re- 
ceivers or  lessees  at  the  time  when  such  free  trans- 
portation or  right  thereto  is  given;  and  provided,  fur- 
ther, that  nothing  in  this  Act  shall  be  construed  to 
prohibit  any  telegraph  or  telephone  company  from 
carrying  and  transmitting  free  of  charge  the  messages 
of  its  bona  fide  officers,  attorneys,  agents  and  employes 
who  are  actually  in  the  employment  of  such  company, 
its  receivers  or  lessees  at  the  time  when  such  free 
transportation    or    the   right    thereto    was    given. 

Misdemeanor  to  use  pass  given  to  another.  §  3.  If  any 
person  shall  present,  or  offer  to  use  in  his  own  behalf, 
any  permit  or  frank,  whatsoever,  to  travel,  pass  or  to 
convey  any  person  or  property  or  message  which  has 
been  issued  to  any  other  person  or  shall,  knowing 
that  he  is  not  entitled  under  the  ])rovisions  of  this  Act, 
apply  to  any  railway  express,  tele.graph  or  telephone 
company,  officer,  agent,  lessee  or  receiver  thereof  for 
any  free  pass,  frank,  privilege  or  a  substitute  for  pay 
given  or  to  be  used  instead  of  the  regular  fare  or  rate 
for  transportation  or  for  any  other  consideration  except 
money,  he  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  convfction  shall  be  punished  by  confinement 
in  the  county  jail  for  not  less  than  30  days  and  not  more 
than  12  months  and  by  a  fine  of  not  less  than  $100 
and    not   more    than    $1,000. 

Misdemeanor  to  give  or  receive  free  service,  etc.  §  4. 
No  company  subject  to  the  provisions  of  this  Act  shall 
directly  or  indirectly,  by  any  special  rate,  rebate,  draw- 
back, or  other  device,  or  exchange,  demand,  charge  or 
collect  or  receive  from  any  person,  firm,  association  of 
persons  or  corporation  a  greater  or  less  or  different 
compensation  for  any  service  rendered  or  to  be  ren- 
dered, in  the  transportation  of  passengers,  property  or 
messages  than  it  charges,  demands,  collects  or  receives 
from  any  other  person,  firm,  association  of  persons  or 
corporation  for  doing  for  him,  them  or  it,  a  like  serv- 
ice  if   the   transportation   or  transmission    is   a   like   kind 


of  trnfflc  or  service  under  substantially  simitar  circum- 
stances and  conditions,  and  any  such  company  violating 
these  provisions  shall  be  deemed  guilty  of  a  misde- 
meanor, and  for  each  oltense,  on  conviction,  shall  pay 
to   the   State   of  Texas  a  penalty  of   $5,000. 

Carriers  to  make  annual  report  as  to  free  passes.  §  5. 
That  each  and  all  companies  subject  to  the  provisions 
of  this  Act,  their  receivers  and  lessees,  shall  report 
annually  on  such  dates  as  may  be  fixed  by  the  railroad 
commission  of  this  State,  the  name  and  residence  of 
each  and  every  person  to  whom  free  transportation  or 
right  thereto  was  given  to  travel  or  to  have  his  prop- 
erty or  message  transported  or  transmitted  over  its 
transportation,  express,  sleeping  car  or  railway  or 
telegraph  or  telephone  line;  and  any  company  violating 
these  provisions  shall  be  deemed  guilty  of  a  misde- 
meanor, and  for  each  offense,  on  conviction,  shall  pay 
to   the    State   Of   Texas    a   penalty   of   $1,000. 

Misdemeanor  to  use  free  pass  in  violation  of  the  statute. 
§  6.  Any  person  other  than  the  persons  excepted  in 
this  Act,  who  uses  any  such  free  ticket,  free  pass  or 
free  transportation,  frank  or  privilege  over  any  railway 
or  other  transportation  line  or  sleeping  or  express  car, 
telegraph  or  telephone  line  mentioned  in  this  Act,  for 
any  distance  under  the  control  and  operation  of  either 
of  said  companies  subject  to  the  provisions  of  this  Act 
or  under  their  authority,  or  shall  knowingly  and  wilfully 
by  any  means  or  device  whatsoever  obtain,  use  or  enjoy 
from  any  such  company  a  less  fare  or  rate  than  is 
charged,  demanded,  collected  or  received  by  any  such 
company  from  any  other  person,  firm,  association  of 
persons  or  corporations  for  doing  for  him,  them  or  it,  a 
like  service  if  the  transportation  or  service  is  of  a  like 
kind  of  traffic  or  service  under  substantially  similar 
circumstances  and  conditions,  such  person  or  such  of- 
ficer or  agent  who  acts  for  such  corporation  or  company 
thus  favored,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  for  each  offense,  shall  be  fined  not  less  than 
$100   and   not   more  than   $1,000. 

Misdemeanor  for  agent  to  issue  pass  in  violation  of  the 
statute.  §  7.  Any  director,  officer,  agent  or  any  receiver, 
trustee,  lessee  or  person  acting  for  or  employed  by  any 
company  subject  to  the  provisions  of  this  Act,  who  alone 
or  with  any  other  corporation,  company,  persons  or  party, 
shall  wilfully  do  or  cause  to  be  done,  or  shall  wilfully  suffer 
or  permit  to  be  done,  any  act,  matter  or  thing  in  this  Act 
prohibited  or  declared  to  be  unlawful,  or  who  shall  aid  or 
abet  therein,  or  shall  wilfully  omit  or  fail  to  do  any  act,  mat- 
ter or  thing  in  this  Act  required  to  be  done,  or  shall  cause 
or  wilfully  suffer  or  permit  any  act,  matter  or  thing  so 
directed,  required  by  this  Act  to  be  done,  not  to  be  done, 
or  shall  aid  or  abet  such  omission  or  failure,  or  shall  be 
guilty  of  any  infraction  of  this  Act,  or  shall  aid  or  abet 
therein,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall,  upon  conviction,  be  subject  to  a  fine  of  not  less  than 
$100  nor  more  than  $1,000,  and  if  the  offense  for  which 
any  person  shall  be  convicted  under  this  section  shall  be 
unlawful  discrimination  in  rates,  fares  or  charges  for  the 
transportation  of  passengers  or  property  or  the  transmis- 
sion of  messages,  such  person  may,  in  addition  to  the 
fines  hereinbefore  provided  for,  at  the  discretion  of  the 
jury,  be  imprisoned  in  the  penitentiary  for  a  term  not 
less  than  six  months  nor  more  than  two  years. 

Where  suits  may  6e  maintained.  §  8.  Suits  brought 
under  this  Act  for  the  recovery  of  penalties  may  be  brought 
in  any  court  in  this  State  having  jurisdiction  of  the  subject- 
matter  in  any  county  (1)  when  an  act  violative  of  the 
provisions  hereof  is  committed;  (2)  where  such  company 
or  receiver  has  an  agent  or  representative;  (3)  where  the 
principal  office  of  such  company  is  situated  or  such  re- 
ceiver or  receivers,  or  either  reside,  and  one-half  of  all 
moneys  collected  under  the  provisions  of  this  Act,  less  the 
commission  and  expenses  allowed  by  law,  shall  be  paid 
into  the  State  treasury  and  constitute  a  part  of  the  gen- 
eral revenue  of  the  State,  and  the  remainder  thereof  shall 
be  paid  into  the  treasury  of  the  county  where  such  suit 
or  suits  may  be  maintained  and  constitute  a  part  of  the 
jury  fund  of  such  county. 

Duty  of  railroad  commission  to  enforce  the  statute.  §  9. 
It  is  hereby  made  the  duty  of  the  railroad  commission 
of  Texas,  tlie  attorney-general  and  the  district  and  county 
attorneys  of  this  State,  under  the  direction  of  the  attorney- 
general,   to   see   that   the   provisions   of  this   Act   are  en- 


1312 


National  Association  of  Railway  Commissioners 


forced  and'  obeyed,  and  penalties  due  the  State  are  recov- 
ered and  collected,  and  said  commission  shall  report  to  the 
attorney-general  all  violations  within  their  knowledge,  with 
the  facts  in  their  possession,  and  request  him  to  institute, 
or  have  instituted,  the  proper  proceedings  lor  the  recovery 
of  any  penalty  that  may  be  due  the  State. 

Testimony — Production  of  books  and  papers.  §  10.  In 
any  investigation,  suit  or  prosecution  which  may  be  had 
or  instituted  under  the  provisions  of  this  Act,  the  court  or 
tribunal  in  which  the  investigation,  suit  or  prosecution 
is  pending  may  compel  all  persons  to  attend  and  give 
testimony,  and  to  produce  such  paper,  boolis  and  documents 
as  may  be  desired  by  the  State,  and  no  person  shall  be  ex- 
empt from  giving  testimony  therein;  provided,  however, 
that  no  criminal  action  or  proceeding  shall  be  brought  or 
prosecuted  against  such  witness  on  account  of  any  testi- 
mony so  given  or  furnished  by  him. 

Provisions  to  be  construed  severally.  ^  11.  If  any  pro- 
vision or  provisions  of  this  Act  which  exempt  or  except  any 
person,  corporation  or  class  of  persons  from  tbe  operation 
and  effects  of  this  Act,  or  which  authorize  any  such  per- 
sons, corporations  or  class  of  persons  to  give,  grant,  issue, 
receive  or  accept  free  transportation  or  transportation 
at  any  rate  other  than  is  granted  to  any  and  all  persons  of 
this  State,  shall  be  held  unconstitutional  or  invalid,  such 
holding  as  to  any  such  provision  or  provisions  shall  not 
invalidate  any  other  portion  of  this  Act. 

Approved  March  26,  1907. 

DBIUKING   LIQUOR    ON    TRAINS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

§  1.  That  it  shall  be  unlawful  for  any  person  to  drink 
intoxicating  liquors  of  any  kind  in  or  upon  any  railway 
passenger  train,  or  coach,  or  closet,  vestibule  thereof,  or 
platform  connected  therewith,  while  the  said  passenger 
train  or  coach  is  in  the  service  of  passenger  transporta- 
tion within  this  State;  provided,  that  nothing  in  this  Act 
shall  be  construed  to  prevent  the  use  of  intoxicating  liq- 
uors as  stimulant  in  case  of  actual  sickness  of  the  person 
using  said  stimulant. 

§  1.    Any  person  violating  §  1  of  this  Act  shall  be  deemed 
guilty    of   a    misdemeanor   and    upon    conviction    shall    be 
fined  in  any  sum  not  less  than  $10  nor  more  than  $100. 
Approved  March  20,  1907. 

CARRIERS  DELIVERING  LIQUORS  C.  O.  D.  TO  PAY  $5,000  OCCUPATION 

TAX. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

Occupation  tax  imposed.  §  1.  Any  person,  firm  or  cor- 
poration doing  business  in  this  State  shall  at  each  office 
or  place  kept,  operated  or  maintained  by  such  person, 
firm  or  corporation  at  which  intoxicating  liquors  legally  de- 
liverable are  delivered  upon  payment  of  purchase  money 
therefor,  commonly  designated  as  shipments  C.  O.  D.,  pay 
annually  for  each  office  or  place  so  kept  an  annual  occu- 
pation tax  to  the  State  of  Texas  of  $5,000,  and  any  county 
or  any  incorporated  city  or  town  wherein  such  office  or  place 
is  located,  may  levy  an  annual  occupation  tax  upon  such  per- 
son, firm  or  corporation  herein  referred  to  for  each  of 
said  offices,  not  to  exceed  one-half  of  the  amount  hereby 
levied  by  the  State,  such  tax  to  be  due  and  payable  annu- 
ally. 

Penalty  for  failure  ta  pay  it.  §  2.  The  maintaining  or 
operating  such  office  or  offices,  place  or  places  by  any  per- 
son, firm  or  corporation  in  this  State  without  paying  the 
occupation  tax  required  in  §  1  of  this  Act  shall  subject  such 
person,  firm  or  corporation  so  operating  and  maintaining 
such  office  or  offices,  place  or  places,  to  pay  to  the  State 
of  Texas  the  sum  of  $50,  and  to  the  county  and  any  incor- 
porated city  or  town  in  which  said  offices  or  places  are 
located,  each  the  sum  of  $50  for  each  days  such  office  or  offi- 
ces, place  or  places,  may  be  maintained  or  operated  and 
for  each  office  or  place  so  operated;  and  the  State  or 
county  or  any  incorporated  city  or  town  may  sue  for  and 
recover  either  jointly  or  severally,  each  the  said  sum,  for 
each  day  that  each  of  said  offices  or  places  may  be  main- 
tained and  operated  without  prepayment  of  the  aforesaid 
occupation  tax. 

Emergency.  §  3.  The  fact  that  persons,  firms  and  cor- 
porations are  doing  an  extensive  business  in  shipping  and 
delivering  Intoxicating  liquors  in  this  State  at  their  vari- 
ous offices  or  places  on  the  payment  of  the  purchose 
money  thesefor  and  are  paying  no  occupation  tax  for  such 
privilege,  creates  an  emergency  and  an  imperative  public 


necessity  for  the  suspension  of  thfe  constitutional  rule  re- 
quiring bills  to  be  read  on  three  several  days  in  each 
house,  and  that  this  Act  take  effect  from  and  after  its 
passage,  and  it  is  so  enacted. 

Approved  February  12,  1907.  ja 

SHIPMENTS    OF   LIQUOR   INTO   LOC.\L   OPTION   TEBBITOBY.       ^" 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

S  1.  That  chapter  160  of  the  General  Laws  of  the  State 
of  Texas,  passed  by  the  regular  session  of  the  twenty-ninth 
legislature  of  Texas,  and  approved  April  18,  1905,  shall 
hereafter  read  as  follows: 

Packages  to  be  marked  to  show  contents  and  consignee. 
§  1.  Each  and  every  person  in  this  State  who  shall 
place  or  have  placed  any  package  or  parcel,  of  whatever 
nature,  containing  any  intoxicating  liquor,  with  any  ex- 
press company,  railroad  company  or  other  common  carrier, 
for  shipment  or  transportation  to  any  point  in  any  county, 
justice  precinct,  school  district,  city  or  town  or  subdivision 
of  a  county  within  this  State,  where  the  sale  of  intoxicat- 
ing liquors  has  been  or  may  hereafter  be  prohibited  under 
the  laws  of  this  State,  shall  first  place  in  a  conspicuous 
place,  in  plain  letters,  on  such  package  or  parcel  the 
words:  "Intoxicating  Liquor,"  the  character  and  quantity 
of  such  intoxicating  liquor,  the  place  from  where  shipped, 
the  place  of  destination  and  the  names  of  the  consignor 
and  the  consignee;  and  no  express  company,  railroad  com- 
pany or  other  common  carrier,  or  any  agent  thereof,  in 
this  State,  shall  accept  or  receive  from  any  person,  firm 
or  corporation  for  shipment  or  transportation,  to  any  such 
point  where  the  sale  of  intoxicating  liquors  has  been  or 
may  hereafter  be  prohibited,  under  the  laws  of  this  State, 
any  such  package  or  parcel,  unless  the  same  shall  have 
been  labeled  in  the  manner  and  form  as  hereinbefore  in 
this  section  required,  and  no  express  company,  railroad 
company  or  other  common  carrier,  or  any  agent  thereof,  in 
this  State,  shall  deliver  such  package  or  parcel  to  any  other 
than  the  consignee  in  person.  Any  agent  of  such  express 
company,  railroad  company  or  other  common  carrier  hav- 
ing the  custody  of  any  book  or  books  required  by  this  Act 
of  such  express  company,  railroad  company  or  other  com- 
mon carrier,  to  be  kept,  shall,  at  the  requast  of  any  person 
at  any  reasonable  time  during  office  hours,  produce  such 
book  or  books  for  inspection  by  any  officer  of  the  law  or  any 
member  of  the  grand  jury.  Any  agent  of  any  express 
company,  railroad  company  or  other  common  carrier,  or 
any  other  person,  who  shall  violate  any  of  the  provisions  of 
this  section  of  this  Act  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  in 
any  sum  not  less  than  $25  nor  more  than  $100,  and  shall 
be  punished  by  imprisonment  in  the  county  jail  for  any 
term  not  less  than  20  nor  more  than  60  days. 

Record  of  delivery,  etc..  to  be  kept.  §  2.  When  any 
express  company,  railroad  company  or  other  common 
carrier,  within  this  State,  shall  receive  any  package  or 
parcel  of  whatsoever  nature,  whether  from  a  point  within 
or  without  this  State,  containing  any  intoxicating  liquor, 
for  transportation  to  any  point  within  any  county,  justice 
precinct,  school  district,  city  or  town  or  subdivision  of  a 
county  where  the  sale  of  intoxicating  liquors  has  been 
prohibited  under  the  laws  of  this  State,  such  express  com- 
pany, railroad  company  or  other  common  carrier  shall 
forthwith  transport  such  intoxicating  liquor  to  the  place  of 
its  destination,  and  upon  the  arrival  of  same  at  its  place 
of  destination,  there  shall  be  entered  in  a  book  to  be  kept 
for  that  purpose  the  names  of  the  consignor  and  the  con- 
signee, the  exact  time  of  the  arrival  of  such  package  or 
parcel  at  the  place  of  its  destination,  the  place  from  where 
shipped,  the  quantity  and  character  of  such  intoxicating 
liquor,  as  shown  on  such  package  or  parcel,  the  exact  time 
delivered  to  the  consignee,  if  delivered,  and  the  signature 
of  such  consignee,  who  shall  sign  in  person  for  same  bo- 
fore  delivery  thereof,  and  such  book  shall  be  open  at  all 
reasonable  hours  for  inspection  by  any  officer  of  the  law 
or  any  member  of  the  grand  jury.  If  such  package  or 
parcel  be  not  called  tor  and  taken  away  by  the  consignee 
and  all  charges  thereon,  if  any,  paid  by  such  consignee, 
it  shall  be  the  duty  of  such  express  company,  railroad  com- 
pany or  other  common  carrier  to  start  such  package  or 
parcel  in  transit  back  to  the  consignor  thereof  within 
seven  days  from  the  time  of  its  arrival  at  the  place  of  its 
destination,  and  the  consignor  shall  be  liable  to  such  ex- 
press company,  railroad  company,  or  other  common  car- 
rier for  the  express  or  freight  charges  in  transportation 


Public  Service  Laws 


1313 


and  returning  same.  Any  express  company,  railroad  com- 
pany or  other  common  carrier,  violating  any  of  the  provi- 
sions of  this  chapter  shall  be  liable  to  a  penalty  of  HOO 
for  each  infraction  thereof,  to  be  recovered  in  the  name 
of  the  State  of  Texas  in  any  court  of  competent  jurisdic- 
tion in  any  county  where  such  express  company,  railroad 
company  or  other  common  carriers  have  an  office  or  an 
agent  or  a  line  of  railway;  and  each  day  that  such  intoxi- 
cating liquor  shall  be  kept  at  the  place  of  its  destination 
after  the  expiration  of  seven  days  from  the  time  of  its 
arrival  shall  be  deemed  a  separate  infraction. 

Act  cumulative.  §  3.  This  Act  shall  not  repeal  any  of 
the  laws  prohibiting  the  sale  of  intoxicating  liquors  in  any 
county,  justice  precinct,  school  district,  city  or  town  or 
subdivision  of  a  county,  nor  shall  it  be  construed  to 
legalize  any  sale  of  intoxicating  liquors  that  would  not 
have  been  legal  had  this  Act  not  been  passed. 

Emergency.  §  2.  The  fact  that  there  is  now  no  adequate 
law  requiring  express  companies,  railroad  companies,  or 
other  common  carriers,  to  keep  a  book  containing  the  trans- 
action pertaining  to  the  receipt,  shipment  and  transporta- 
tion and  delivery  of  intoxicating  liquor  into  prohibition 
territory,  to  be  open  to  public  inspection,  creates  an 
emergency  and  an  imperative  public  necessity  that  the 
constitutional  rule  requiring  bills  to  be  read  on  three 
several  days  be  and  the  same  is  hereby  suspended,  and 
that  this  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  and  it  is  so  enacted. 

Approved  August  19,  1910. 

TO    PROHIBIT    GIVING    LIQUOR    TO    PEaSOKS     UNDER    THE    .\GE    OF 
21    YEARS. 

Be  it  enacted  bp  the  legislature  of  the  State  of  Texas: 

Unlawful  to  deliver  liquor  to  a  minor.  §  1.  That  any 
person  who  shall  give  or  deliver,  or  cause  to  be  given  or 
delivered,  or  be  in  any  way  concerned  in  the  gift,  or 
delivery,  of  any  spirituous,  vinous,  malt  or  intoxicating 
liquors  to  any  person  under  the  age  of  21  years,  whether 
consigned  to  such  person  or  to  some  other  person,  without 
the  written  consent  of  the  parent  or  guardian  of  such  per- 
son who  is  under  the  age  of  21  years,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  $25  nor  more  than  $100;  and  any  person  who, 
as  agent  for  or  employed  by  an  express  company  or  other 
common  carrier,  or  who,  as  agent  for  or  employe  of  any 
other  person,  firm  or  corporation,  delivers  or  causes  to  be 
delivered  any  spirituous,  vinous,  malt  or  intoxicating 
liquors  to  any  person  under  the  age  of  21  years,  whether 
consigned  to  such  person  or  to  some  other  person,  without 
the  written  consent  of  the  parent  or  guardian  of  such 
minor,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished upon  conviction  thereof  by  a  fine  of  not  less  than 
$25  nor  more  than  $100. 

Emergency.  §  2.  The  fact  that  there  is  now  no  adequate 
law  on  the  statute  books  prohibiting  the  giving  and 
delivering  intoxicating  liquors  to  minors,  creates  an  emer- 
gency and  an  imperative  public  necessity  that  the  constitu- 
tional rule  requiring  bills  to  be  read  on  three  several  days 
be  suspended  and  that  this  Act  take  effect  from  and  after 
its  passage,  and  it  is  so  enacted. 
Approved  March  19,  1909. 

BILLS   OF   LADING. 

(Acts,  Special  Session  1910,  page  138.) 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

§  1.  It  shall  be  the  duty  of  all  railroad  companies, 
steamship  companies  and  other  common  carriers,  or  re- 
ceivers thereof;  except  express  companies  and  pipe  line 
companies,  upon  the  receipt  of  freight  for  transportation, 
to  issue  bills  of  lading  therefor  and  to  authenticate, 
validate  or  certify  such  bills  of  lading,  when  the  same  shall 
be  demanded  by  the  shipper,  in  accordance  with  the  provi- 
sions of  this  Act. 

§  2.  Each  bill  of  lading  issued  by  a  common  carrier,  to 
which  the  provisions  of  this  Act  apply,  for  an  intrastate 
shjpment  shall  contain,  and  each  bill  of  lading  issued  by 
such  carrier  for  interstate  or  foreign  shipment  may  con- 
tain, within  the  written  or  printed  terms,  in  addition  to 
the  other  requirements  of  this  Act,  the  following: 

(a)  The  date  of  its  Issuance; 

(b)  The  name  of  the  person  from  whom  the  goods 
have  been  received; 

(c)  The  place  where  the  goods  have  been  received; 


(d)  The  place  to  which  the  goods  are  to  be  trans- 
ported. 

(e)  A  statement  of  whether  the  goods  will  be  deliv- 
ered to  a  specific  person  or  the  order  of  a  specific  person; 

(f)  A  description  of  the  goods  or  the  packages  con- 
taining them,  which  may,  however,  be  in  terms  such  as 
may  be  approved  by  the  railroad  commission; 

(g)  The  signature  of  the  carrier  or  the  duly  authorized 
agent  of  the  carrier;  said  bill  of  lading  shall  be  so  signed 
with  pen  and  ink,  and  the  person  signing  the  same  shall 
attach  his  signature  below  all  written,  printed  or  stamped 
matter  contained  in  said  bill  of  lading,  except  the  words, 

"Authorized  Agent  of  "   (stating  the  name  of  his 

principal),  which  shall  appear  below  his  signature; 

(h)  The  carrier  may  insert  in  a  bill  of  lading  issued 
by  him  any  other  terms  and  conditions,  provided  such 
terms  and  conditions  shall  not  be  contrary  to  law  or  public 
policy  or  the  orders  promulgated  by  the  railroad  commis- 
sion; and  provided,  further,  that  no  language  shall  be  in- 
serted in  any  bill  of  lading  having  the  effect  of  limiting  or 
avoiding  any  of  the  provisions  of  this  Act; 

(i)  Provided,  that  when  any  form  of  bill  of  lading  has 
been  approved  by  the  Interstate  Commerce  Commission, 
and  has  been  adopted  by  any  carrier  and  made  a  part  of 
its  tariff,  then  such  bill  of  lading,  as  to  interstate  and 
foreign  shipments,  shall  be  a  sufficient  compliance  with 
the  provisions  of  this  section  of  this  Act. 

§  3.  A  bill  of  lading  in  which  it  is  stated  that  the  goods 
are  consigned  or  destined  to  a  specific  person  is  a 
"straight"  bill  of  lading,  and  a  bill  of  lading  in  which  it  is 
stated  that  the  goods  are  consigned  to  the  order  of  any 
person  named  in  such  bill  of  lading  is  an  "order"  bill  of 
lading.  Order  bills  of  lading  shall  not  be  issued  in  sets  or 
in  duplicate,  but  copies  thereof  may  be  issued;  provided 
such  copy  has  written  or  printed  across  the  face  thereof: 
"Copy — Not  Negotiable." 

§  4.  It  shall  be  the  duty  of  the  railroad  commission  ol 
Texas  to  adopt  and  prescribe  forms,  terms  and  condition*, 
for  the  authentication,  certification  and  validation  of  all 
bills  of  lading  issued  by  common  carriers  referred  to  in  §  1 
hereof,  and  to  regulate  the  method  and  manner  of  their 
issuance,  and  to  take  all  such  steps  as  it  may  deemr 
necessary  to  carry  into  effect  the  provisions  of  this  Act 

§  5.  It  shall  be  the  duty  of  the  carriers  affected  by 
this  Act  to  keep  posted  for  public  inspection  in  some  coa^ 
spicuous  place  in  the  station  or  place  where  freight  is  re- 
ceived an  instrument  of  writing  authorizing  the  agent  of 
such  carrier,  or  person  authorized  to  act  for  such  carrier, 
selected  for  such  purpose,  to  execute,  sign  and  issue  bills 
of  lading,  and  the  agent  or  person  so  authorized  to  act  for 
said  carrier,  so  selected,  shall  attach  his  signature  to  such 
instrument  in  the  same  manner  that  he  signs  bills  of 
lading. 

§  6.  Each  and  every  bill  of  lading  issued  by  the  au- 
thorized agent  of  any  carrier  or  receiver  thereof  affected 
by  the  provisions  of  this  Act,  shall  be  deemed  and  held 
to  be  the  act  and  deed  of  such  carrier  or  receiver  thereof 
and  the  principal  shall  be  liable  thereon  in  accordance 
with  the  terms  thereof.  When  any  such  bill  of  lading  shall 
be  validated,  authenticated  or  certified  in  accordance  with 
the  rules  and  regulations  herein  provided  for,  and  as  may 
be  prescribed  by  the  railroad  commission  in  accordance 
with  the  provisions  of  this  Act,  and  in  the  hands  of  an 
innocent  holder  for  value,  it  shall  be  incontestable  as  to 
the  matters  and  things  therein  set  forth. 

§  7  If  the  carrier  shall  deliver  goods  for  which  an  or- 
der bill  of  lading  has  been  issued,  the  negotiation  of  which 
would  transfer  the  right  to  the  possession  of  the  goods 
and  fails  to  take  up  and  cancel  said  bill  of  lading,  such 
carrier  shall  be  liable  for  the  failure  to  deliver  the  goods 
to  any  one  who,  for  value,  in  good  faith,  purchases  such 
bill  of  lading  whether  the  purchaser  acquired  title  to  the 
bill  of  lading  before  or  after  the  delivery  of  the  goods  by 
the  carrier,  notwithstanding  such  delivery  was  made  to  the 
person  entitled  thereto;  except  when  goods  are  sold  to 
satisfy  the  carrier's  lien,  and  except  when  compelled  to 
do  so  by  legal  process. 

§  8.  If  a  carrier  delivers  part  of  the  goods  for  which  an 
order  bill  of  lading  has  been  issued,  and  fails  to  take  up 
and  cancel  the  bill  of  lading,  or  to  place  plainly  upon  the 
bill  of  lading  that  a  portion  of  the  goods  had  been  de- 
livered, with  a  description  which  may  be  in  general  terms, 
either  of  the  goods  or  packages  which  still  remain  in  the 
carrier's  possession,  he  shall  be  liable  for  the  failure  to 


1314 


National  Association  of  Eailway  Commissioners 


deliver  all  of  the  goods  specified  in  the  bill  of  lading  to 
any  one,  who  for  value,  and  in  good  faith,  purchases  it, 
whether  such  purchaser  acquires  title  to  the  bill  of  lad- 
ing before  or  after  the  delivery  of  any  portion  of  the 
goods  by  the  carrier,  and  notwithstanding  such  delivery 
was  made  to  the  person  entitled  thereto;  except  when 
goods  are  sold  to  satisfy  the  carrier's  lien,  and  except  when 
compelled  to  do  so  by  legal  process. 

§  9.  When  an  order  bill  of  lading  shall  have  been  lost 
or  destroyed,  a  court  of  competent  jurisdiction,  in  term 
time  or  in  vacation,  may  order  the  delivery  of  the  goods 
upon  satisfactory  proof  of  such  loss  or  destruction,  and 
upon  the  giving  of  a  bond,  with  good  and  sufficient  sure- 
ties, to  be  approved  by  the  court,  to  protect  the  carrier 
or  any  person  injured  by  such  delivery  from  any  liability 
or  loss  incurred  by  reason  of  the  original  bill  of  lading  re- 
maining outstanding.  The  court  may  also,  in  its  discre- 
tion, order  the  payment  of  the  carrier's  reasonable  costs 
and  counsel  fees;  but  the  delivery  of  the  goods  under  an 
order  of  court,  as  provided  for  in  this  section,  shall  not 
relieve  the  cai-rier  from  liability  to  a  person  to  whom  the 
order  bill  of  lading  has  been  or  shall  be  negotiated  for 
value,  and  without  notice  of  the  proceedings  or  the  deliv- 
ery of  the  goods.  Provided,  that  nothing  herein  shall  pre- 
vent the  carrier  from  delivering  the  property  covered  by 
such  lost  bill  of  lading  to  any  party  claiming  the  same,  on 
such  terms  as  such  party  and  the  carrier  may  agree  upon. 

§  10.  The  carrier  shall  not  be  liable  under  the  provi- 
sions of  this  Act,  where  the  property  has  been  replevied 
or  levied  upon  or  taken  from  the  possession  of  the  car- 
rier by  other  legal  process,  or  has  been  lawfully  sold  to 
satisfy  the  carrier's  lien,  or  in  case  of  the  sale  or  dis- 
position of  perishable,  hazardous  or  unclaimed  goods,  in 
accordance    with    law. 

§  11.  Any  officer,  agent  or  servant  of  any  carrier,  rail- 
road or  transportation  company,  or  receiver  thereof,  af- 
fected by  this  Act,  who  shall  fail  or  refuse  to  issue  a  bill 
of  lading -in  accordance  with  this  Act  and  the  regulations 
and  orders  of  the  railroad  commission,  when  the  same 
is  rightfully  demanded,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  punished  by 
a  fine  not  exceeding  $200  or  by  imprisonment  in  the  county 
jail  not  exceeding  six  months  or  by  both  such  fine  and 
Imprisonment. 

§  12.  Any  officer,  agent  or  servant  of  a  carrier,  rail- 
road or  other  transportation  company,  or  receiver  thereof 
affected  by  this  Act,  who  shall  wrongfully  issue  a  bill  of 
lading  with  the  intent  to  defraud  any  person,  or  who  shall 
with  intent  to  defraud,  knowingly  misdescribe  any  goods, 
articles  or  other  property,  or  the  quantity  or  amount  there- 
of, described  in  any  bill  of  lading,  or  who  shall  knowingly 
Issue  a  bill  of  lading  without  authority  so  to  do,  with  the 
Intent  to  defraud  any  person,  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof  shall  be  punished  by 
confinement  in  the  State  penitentiary  for  a  term  of  not 
less  than  two  years  and  not  exceeding  jO  years. 

§  13.  Any  person  who  shall  forge  the  name  of  any  agent  - 
of  a  railroad  company  or  other  common  carrier  to  a  bill 
of  lading  with  the  intent  to  defraud,  or  who  shall  forge  the 
name  of  any  person  to  any  certificate  attached  to  a  bill 
of  lading  issued  by  such  carrier  with  the  intent  to  defraud, 
or  who  shall  knowingly  utter  or  attempt  to  utter  any  such 
forged  instrument  with  intent  to  defraud,  shall  be  deemed 
guilty  of  a  felony  and  upon  conviction  thereof  shall  be 
punished  by  confinement  in  the  State  penitentiary  tor  a 
term  of  not  less  than  five  years  and  not  exceeding  1.') 
years. 

§  14.  Any  officer,  agent  or  servant  of  a  common  carrier, 
who  knowingly  issues  or  aids  in  issuing  or  knowingly  per- 
mits to  be  issued  in  parts  of  sets,  or  in  duplicate,  an  order 
bill  of  lading,  shall  be  guilty  of  a  felony,  and  upon  con- 
viction shall  be  punished  for  such  offense  by  a  fine  not 
exceeding  $5,000  and  by  confinement  in  the  State  peniten- 
tiary for  a  term  not  exceeding  five  years. 

S  15.  Any  person  who  knowingly,  and  with  the  intent 
to  defraud,  negotiates  or  transfers  a  bill  of  lading  issued 
In  violation  of  the  provisions  of  this  Act,  or  who  know- 
ingly and  with  the  intent  to  defraud,  negotiates  or  trans- 
fers a  bill  of  lading  which  contains  any  statement  of  fact 
that  is  untrue,  and  which  statement  relates  to  a  material 
matter,  shall  be  deemed  guilty  of  a  felony,  and  upon  con- 
viction of  such  offense  shall  be  punished  by  a  fine  not  ex- 
ceeding $5,000  and  by  imprisonment  in  the  State  peniten- 
tiary for  a  term  not  exceeding  10  years. 

§  16.    Any  person  who  shall  knowingly  and  fraudulently 


procure  and  cause  the  agent  of  any  common  carrier  to 
make  and  set  forth  in  any  bill  of  lading  issued  by  him  on 
behalf  of  such  carrier  any  statements  or  representations 
which  are  false  and  which  materially  misrepresent  the 
number,  amount  or  quantity  of  the  goods,  chattels  or  other 
articles  therein  described,  or  who  shall  procure  or  cause 
any  agent  of  a  common  carrier  to  issue  to  him  a  bill  of 
lading  with  the  intent  to  defraud,  shall  be  deemed  guilty 
of  a  felony  and  shall  be  punished  by  confinement  in  the 
penitentiary  not  less  than  two  years  nor  more  than  five 
years. 

§  17.  It  shall  be  the  duty  of  the  railroad  commission  to 
adopt  and  prescribe  forms,  terms  and  conditions  for  the 
authentication,  certification  or  validation  of  bills  of  lading, 
and  the  manner  and  method  of  their  issuance,  and  to  take 
such  steps  as  it  may  deem  necessary  to  carry  into  effect  th«! 
provisions  of  this  Act,  and  to  give  due  notice  to  all  carriers 
affected  by  the  provisions  of  this  Act,  and  to  the  public 
as  soon  as  practicable,  and  to  designate  the  time  wher 
such  regulations  shall  take  effect,  which  shall  not  bi- 
later  than  October  31,  A.  D.  1910,  and  it  ^^hall  have  author 
ity  to  amend,  alter  and  modify,  from  tirne  to  time,  as  maj 
seem  to  it  expedient,  any  regulations  which  may  be  adopted 
by  it  in  accordance  with  the  provisions  hereof,  after  giving 
due  notice  thereof  to  all  carriers  interested  and  to  the 
public. 

§  18.  The  fact  that  the  shipping  season  is  near  at  hand 
and  that  there  is  a  universal  demand  that  the  commercial 
community  be  furnished  with  staple  documents,  and  par 
ticularly  with  ■  reference  to  bills  of  lading,  in  the  move- 
ment of  this  year's  cotton  crop,  creates  an  emergency  and 
an  imperative  public  necessity  authorizing  the  suspension 
of  the  constitutional  rule  requiring  that  bills  be  read  on 
three  several  days,  and  that  this  Act  take  effect  and  be  in 
force  from  and  after  its  passage,  and  it  is  so  enacted; 
provided,  however,  that  the  carriers  and  other  persons  af 
fected  by  the  provisions  of  this  Act  shall  have  until  the  first 
day  of  November,  A.  D.  1910,  in  which  to  prepare  and  be- 
gin operations  hereunder  before  the  penalties  provided  by 
this  Act  shall  be  assessed  against  them,  or  any  of  them 

Approved  September  13,  1910. 

INTEBinSBAN   RO.\DS   GIVEN  THE  RIGHT  OF  EMINENT  DOMAIN,   ETC. 

(Acts  of  1907,  page  23.)  ^ 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas:    ^|  I 

Right  of  eminent  domain  given,  i  1.  That  all  corpora 
tlons  chartered  for  the  purpose  of  constructing,  acquir- 
ing, maintaining  and  operating  lines  of  electric  railway 
between  any  cities  and  towns  in  the  State  of  Texas  foi 
the  transportation  of  freight  or  passengers,  or  both 
shall  have  the  right  of  eminent  domain,  as  fully  to  all 
intents  and  purposes  as  is  now  conferred  by  law  upon 
steam  railroad  corporations,  and  shall  have  the  right 
and  power  to  enter  upon,  condemn  and  appropriate  the 
lands,  rights  of  way,  easements  and  property  of  any 
person  or  corporation  whomsoever  for  the  purpose  ol 
acquiring  rights  of  way  upon  which  to  construct  and 
operate  their  lines  of  railways  and  sites  for  depots  anc" 
power  plants;  provided,  that  no  cemetery  grounds,  noi 
any   part   thereof,   shall   be   so  taken   or   condemned. 

Right  of  way — Width — Survey,  etc.  i  2.  Such  corpora 
tions  shall  have  the  right  and  power  to  lay  out  rightt 
of  way  for  their  railways,  not  to  exceed  200  feet  ii 
width,  and  to  construct  their  railways  and  appurtenancei 
thereon;  and  for  the  purpose  of  cuttings  and  embank 
ments  to  take  as  much  more  land  as  may  be  necessar; 
for  the  proper  construction  and  security  of  their  sail 
railways,  and  to  cut  down  any  standing  trees,  or  removi' 
any  other  structure  that  may  be  in  danger  of  fallini; 
upon  or  obstructing  such  railway,  compensation  beinj; 
made  therefor  in  accordance  with  law.  And  to  the  ac- 
complishment of  these  ends  such  corporation  shall  havo 
the  right  to  cause  such  examination  and  survey  of  their 
proposed  railways  to  be  made  as  may  be  necessary  to 
the  selection  of  the  most  advantageous  route,  and  for 
such  purposes  may  enter  upon  the  lands  or  waters  of 
any  person  or  corporation  subject  to  responsibility  for 
all  damages  that  may  be  occasioned  thereby. 

May  cross  icaterways.  bridges  and  highways,  etc.  §  !t. 
Such  corporations  shall  have  the  right  and  power  to 
construct  their  railways  along,  across  and  over  any 
stream  of  water,  watercourse,  bay,  navigable  water,  arm 
of   the   sea,   street,   highway,   steam    railway,    plank    road, 


Public  Service  Laavs 


1315 


turnpike  or  canal  which  the  route  of  such  railway  shall 
touch,  and  shall  have  the  right  to  erect  and  operate 
bridges,  trams,  trestles  or  causeways  over,  along  or 
across  any  such  stream,  watercourse,  navigable  water, 
bay,  arm  of  the  sea,  street,  highway,  plank  road,  turn- 
pike or  canal;  provided,  however,  that  any  such  bridge 
or  other  structure  shall  be  so  erected  as  not  unneces- 
sarily or  unreasonably  to  prevent  the  navigation  of  any 
such  stream,  watercourse,  bay,  arm  of  the  sea  or  naviga- 
ble water;  and  provided,  further,  that  nothing  herein 
contained  shall  authorize  the  construction  of  any  such 
railway  upon  or  across  any  street,  alley,  square  or 
property  of  any  incorporated  city  or  town,  without  the 
assent  of  said  corporation  of  said  city  or  to'wn,  and  that 
in  case  of  the  construction  of  any  electric  railway  along 
and  upon  highways,  plank  roads,  turnpikes  or  canals, 
such  interurban  electric  railway  comjiany  shall  first 
obtain  the  consent  of  the  lawful  authorities  having  the 
jurisdiction  of  the   same. 

Statutes  governing  eminent  domain.  S  4.  The  power  of 
eminent  domain,  and  the  condemnation  of  property 
thereunder  given,  shall  be  exercised  upon  the  same 
conditions,  in  the  same  manner  and  subject  to  the  same 
regulations,  restrictions  and  penalties  as  is  now  provided 
by  law  in  case  of  steam  railway  companies  as  set  forth 
In  articles  4422  to  4438,  inclusive,  and  from  4440  to 
4475,  inclusive,  being  chapter  8  of  title  94  of  the  Revised 
Statutes  of  the  State  of  Texas,  and  subsequent  Acts  of 
the  legislature  of  said  State,  amendatory  of.  and  sup- 
plemental thereto,  and  especially  the  following,  to-wit: 
Act  approved  April  15,  1899,  being  chapter  70  of  the 
general  laws  of  the  twenty-sixth  legislature;  Act  ap- 
proved March  7,  1901.  being  chapter  17  of  the  Acts  of 
the  twenty-seventh  legislature,  and  an  Act  approved 
April  1,  1901.  being  chapter  36  of  the  Acts  of  the  twenty- 
seventh  legislature;  it  being  the  purpose  of  this  Act  to 
confer  upon  interurban  railway  companies  all  rights  and 
powers  of  eminent  domain  hereinabove  set  out  and  con- 
ferred upon  steam  railway  corporations  of  this  State, 
and  to  regulate  the  manner  of  exercise  thereof,  as  is 
provided   in  the  case  of  such  steam  railway  companies. 

May  condemn  easement  over  street  railway  tracks,  etc. 
§  5.  The  right  of  condemnation  herein  given  to  interurban 
railway  companies  shall  include  the  power  and  authority 
to  condemn,  for  their  use  and  benefit,  easements  and 
rights  of  way  to  operate  interurban  cars  along  and  upon 
the  track  or  tracks  of  any  electric  street  railway  com- 
pany owning,  controlling  or  operating  such  track  or 
tracks  upon  any  public  street  or  alley  in  any  town  or 
city  of  this  State  for  the  purpose  hereinafter  mentioned, 
subject  to  the  consent,  authority  and  control  of  the  city 
council  of  such  town  or  city. 

Any  such  interurban  electric  railway  company  seek- 
ing to  avail  itself  of  the  benefits  of  this  section  of  this 
Act  shall  have  the  right  to  condemn  an  easement  along 
and  upon  the  track  or  tracks  of  any  electric  street  rail- 
way company  for  the  purposes  only  of  securing  an  en- 
trance into  and  an  outlet  from  a  town  or  city  upon  a 
route  to  be  designated  by  the  city  council  or  other  city 
authorities  in  control  of  the  streets  and  alleys  of  such 
city.  And  in  any  proceeding  to  condemn  an  easement 
or  right  of  way.  for  the  purposes  above  mentioned,  the 
court  or  the  jury  trying  the  case  shall  define  and  fix 
the  terms  and  conditions  upon  which  such  easement  or 
right  of  way  shall  be  used;  provided,  the  court  render- 
ing such  judgment  shall  be  authorized  upon  a  subse- 
quent application  or  applications  by  either  of  the  parties 
to  the  original  proceedings,  or  any  one  claiming  through 
or  under  them  to  review  and  reform  the  terms  and  con- 
ditions of  such  grant  and  the  provisions  of  such  judg- 
ment, and  the  hearing  upon  such  application  shall  be 
in  the  nature  of  a  retrial  of  said  cause  with  respect  to 
the  terms  and  conditions  upon  which  said  easement 
shall  be  used;  but  the  court  shall  not  have  power  upon 
any  such  rehearing  to  declare  such  easement  forfeited, 
or  to  impair  the  exercise  thereof;  provided,  that  no 
application  for  a  rehearing  shall  be  made  until  two  years 
after  the  final  judgment  on  the  last  preceding  applica- 
tion. 

Interurban  defined.  An  Interurban  electric  railway  com- 
pany, within  the  meaning  of  this  Act,  is  a  corporation 
chartered    under   the   laws   of   this    State   for  the   purposS 


of  conducting  and  operating  an  electric  railway  between 
two  cities  or  between  two  IncoriMrated  towns,  or  be- 
tween one  city  and  one  incorporated  town  in  this  State, 
and  the  rights  secured  under  this  section  of  this  Act 
by  any  interurban  company  shall  be  inoperative  and  void 
if  the  road  to  be  constructed  under  the  charter  of  said 
company  is  not  fully  constructed  from  a  city  or  in- 
corporated town  to  some  other  city  or  incorporated  town 
within  12  months  from  the  date  of  the  final  judgment 
awarding  to  said  company  said  easements  and  right  of 
way.  Any  interurban  company  availing  itself  of  the 
privileges  conferred  by  this  section  of  this  Act  is  hereby 
prohibited  from  receiving  for  transportation  at  any  point 
on  that  portion  of  the  track  or  tracks  so  condemned — 
without  the  consent  of  the  company  over  whose  track  or 
tracks  the  easement  is  condemned — any  freight  or  pas- 
sengers destined  to  a  point  or  points  between  the  termini 
of  the  track  or  tracks  so  condemned;  and  a  wilful  vio- 
lation by  the  company  of  this  provision  of  this  section 
of  this  Act  shall  operate  to  a  forfeit  of  such  easements 
or  rights  of  way.  If  this  section  of  this  Act  shall  be 
held  by  the  courts  of  this  State  invalid  for  any  reason, 
such  invalidity  shall  not  affect  any  other  section  or 
portion  of  this  Act. 

May  produce  and  sell  light  and  power.  §  6.  Such  inter- 
urban electric  railway  companies  shall  also  have  the 
right  and  , authority  to  produce,  supply  and  sell  electric 
light   and   power  to   the  public  and   to   municipalities. 

Provisions  of  Act  cumulative.  §  7.  The  provisions  of 
this  Act  shall  be  held  and  construed  to  be  cumulative  of 
all  general  laws  of  this  State  on  the  subject  of  inter- 
urban electric  railways  when  not  in  conflict  herewith; 
but  nothing  contained  in  this  Act  shall  be  construed  to 
have  the  effect  to  confer  the  power  of  eminent  domain, 
or  any  of  the  powers  herein  conferred  e.^cept  those  con- 
ferred in  S  6,  upon  any  interurban  railroad  or  interurban 
railroad  company  or  upon  any  person,  firm,  association, 
corporation,  or  to  add  to  the  powers  already  possessed 
by  any  such  railroad  or  railroad  company,  person,  firm, 
association  or  corporation  so  as  to  enable  or  authorize 
it  to  condemn  any  land  or  ground  occupied  by  any  por- 
tion of  its  line  or  track  already  constructed  at  the  time 
this  Act  shall  take  effect,  or  to  condemn  any  land  or 
ground  for  the  purpose  of  changing  the  location  of  any 
track  or  line  constructed  at  the  time  this  Act  shall  take 
effect;  provided,  that  nothing  contained  in  this  section 
shall  be  construed  to  take  from  any  interurban  railroad, 
interurban  railroad  company,  person,  firm,  association 
or  corporation  any  power  of  eminent  domain  already 
possessed   by  it. 

In  effect  forthwith.  Ji  8.  The  great  necessity  for  this 
law,  there  being  none  existing  uporf  the  subject  sufficient 
to  permit  interurban  electric  railway  corporations  to 
exercise  the  rights  and  powers  heroin  conferred,  creates 
an  emergency  and  an  imperative  public  necessity  re- 
quiring the  suspension  of  the  constitutional  rule  that 
bills  be  read  on  three  several  days  in  each  house,  and 
the  same  is  hereby  suspended,  and  that  this  Act  take 
effect  and  be  in  force  from  and  after  its  passage,  and 
it  is  so  enacted. 

Approved   March   9,  1907. 

INCORPORATION    OF    INTERURBAN    ROADS. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Texas: 

Amendment  of  general  corporation  Act.  §  1.  That 
article  642  of  the  Revised  Civil  Statutes  of  the  State  of 
Texas,  as  amended  in  chapter  130,  Acts  of  the  twenty- 
fifth  legislature;  chapter  43.  Acts  of  the  twenty-sixth 
legislature;  and  chapter  43,  Acts  of  the  twenty-seventh 
legislature;  and  chapter  129,  Acts  of  the  twenty-eight 
legislature;  chapter  62.  Acts  of  the  twenty-ninth  legis- 
lature; chapter  150,  Acts  of  the  thirtieth  legislature,  be 
amended  by  the  addition  of  subdivision  61,  amended  to 
read  as  follows: 

Corporate  purpose,  i  61.  The  construction,  acquiring 
maintaining  and  operating  lines  of  electric,  gas  or  gasp 
line,  denatured  alcohol,  or  naphtha  motor  railways  within 
and  between  any  cities  or  towns  in  this  State  for  the 
transportation  of  freight  or  passengers,  and  may  also 
construct,  own  and  operate  union  depots,  but  no  electric, 
gas  or  gasoline,  denatured  alcohol  or  naphtha  railways 
incorporated    under    this    subdivision    shall    ever    be    ex- 


131G 


National  Association  of  Bailway  Commissionebs 


empt  from  the  payment  of  assessments.  Corporations 
created  under  this  subdivision  shall  be  and  are  authorized 
to  exercise  the  right  of  eminent  domain  for  the  purpose 
of  acquiring  right  of  way  upon  which  to  construct  their 
railway  lines  and  sites  for  depots  and  power  plants,  upon 
the  same  conditions  and  in  the  same  manner  as  rail- 
road corporations  are  now  required  to  do  under  the 
laws  of  this  State,  and  shall  have  the  same  powers, 
rights  and  privileges  as  are  now  granted  to  interurban 
electric  railway  companies  by  chapter  15,  Acts  of  the 
thirtieth  legislature,  and  all  the  powers  of  whatsoever 
kind  or  character  conferred  by  said  Act;  provided,  no 
property  upon  which  is  located  a  cemetery  shall  ever 
be  condemned  unless  it  shall  affirmatively  be  shown  and 
60  found  by  the  court  trying  in  such  condemnation  suits 
that  It  Is  necessary  to  take  such  property,  and  no  other 
route  is  possible  or  practicable;  and  provided,  that  the 
electric,  gas  or  gasoline,  denatured  alcohol,  or  naphtha 
railways  incorporated  under  provisions  of  this  Act,  which 
shall  engage  in  transporting  freight,  shall  be  subject 
to  the  control  of  the  railroad  commission. 

Emergency.  §  2.  The  crowded  condition  of  the  calen- 
dar and  there  being  no  law  now  authorizing  the  incor- 
poration of  gas  or  gasoline,  denatured  alcohol  or  naphtha 
railways,  creates  an  emergency  and  an  Imperative  public 
necessity  for  the  suspension  of  the  constitutional  rule 
requiring  bills  to  be  read  on  three  several  days,  and 
the  said  rule  is  therefore  suspended,  and  this  Act  shall 
take  effect  from  and  after  its  passage,  and  it  is  so 
created. 

Approved  May  6,  1909. 

INDECENT  LANGUAGE  OVER  TELEPHONE. 

Be  it  enacted  by  the  legislature  of  the  State  of  Texas: 

§  1.  If  any  person  shall  use  any  vulgar,  profane,  ob- 
scene or  indecent  language  over  or  through  any  tele- 
phone in  this  State,  he  shall  be  guilty  of  a  misdemeanor 
and,  on  conviction,  shall  be  fined  in  any  sum  not  less 
than  ?5  nor  more  than  $100. 

§  2.  The  absence  of  any  law  of  this  State  directly 
applicable  to  the  offense  defined  herein,  and  the  preva- 
lence of  such  conduct  as  is  here  denounced  as  an  of- 
fense, creates  an  emergency,  and  an  imperative  public 
necessity  demanding  the  suspension  of  the  constitutional 
rule  requiring  bills  to  be  read  on  three  several  days  in 
each  house,  and  the  rule  is  hereby  suspended,  and  that 
this  Act  take  effect  and  be  in  force  from  and  after  its 
passage,  and  the  same  is  so  enacted. 
Approved  March  10,  1909. 

INTERCHANGE  OF   MESSAGES. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Texas: 

Transfer  of  messages  required.  §  1.  That  all  compa- 
nies and  corporations  that  own  or  operate  telephone  or 
telegraph  lines  for  the  purpose  of  transmitting  messages 
from  one  point  to  another  are  hereby  required  to  arrange 
for  conversations  or  transfer  of  messages  as  hereinafter 
provided. 

Physical  connection  at  common  points,  g  2.  All  compa- 
nies, individuals,  firms  or  corporations  doing  a  telephone 
business  in  this  State  shall  be  compelled  to  make  physi- 
cal connections  between  their  toll  line  at  common  points 
for  the  transmission  of  messages  or  conversations  from 
one  line  to  another.  Such  connection  to  be  made  through 
the  switchboard  of  such  individuals,  companies,  firms  or 
corporations,  if  any  is  maintained  at  such  points,  so 
that  persons  so  desiring  may  converse  from  points  on 
one  of  such  lines  to  points  on  another. 

Messages  to  be  interchanged — Exception.  §  3.  All  tele- 
graph companies  or  persons,  firms,  corporations  or  asso- 
ciations of  persons,  which  are  now  or  shall  hereafter  be 
engaged  in  the  business  of  accepting  and  transmitting 
messages  to  and  from  different  points  in  this  State, 
where  the  use  of  a  telegraph  Instrument  or  instruments 
is  necessary  in  the  conduct  of  such  business,  shall,  if 
there  be  any  other  persons,  firms,  corporations  or  asso- 
ciations engaged  in  such  business  at  the  same  point  or 
in  the  same  town,  city  or  village,  provide  means  whereby 
all  messages  conveyed  to  such  points  over  the  lines  of 
any  such  companies  shall  be  transferred  to  the  lines  of 
either  or  all  other  such  companies  engaged  in  such  busi- 
ness at  such  common  points  and  transmitted  to  their 
final  destination,  and  such  facilities  shall  be  provided  as 
will  guarantee  the  transfer  of  such  messages  in  compli- 


ance with  the  provisions  of  this  Act;    provided,  that 
no  case  shall  any  message  be  transferred  from  one  lii 
to  another  against  the  will  of  the  company  first  handlii 
same  when   it   is   possible   for  such   company   to  deliv 
said    message    direct    to    the    party    for    whom    it    is    1 
tended  via  the  line  or  lines  operated  and  owned  by  sa 
company;    and    provided,    further,    that   no    telegraph    i 
telephone    company    shall,    under    the    provisions    of    th 
Act,  be  compelled  to  receive  from  the  wires  or  lines 
any  other  telegraph  or  telephone  company  and  convey 
its    final    destination    any    message    originating    at    ai 
point  on  its  own  lines. 

City  authorities  to  take  evidence  and  make  order.  § 
The  city  council  in  Incorporated  cities  and  the  coi 
missioners  court,  at  points  where  there  Is  no  d 
council,  shall,  on  the  application  of  100  resident  cl 
zens,  or  upon  its  own  motion,  hear  such  evidence  i 
they  think  necessary,  and  upon  a  final  hearing  thi 
shall  determine  whether  or  not  it  would  be  necessa 
for  public  convenience  and  just  to  the  telephone  or  tel 
graph  companies  to  make  such  connection  or  arra;ii 
for  transfer  of  messages,  whereupon  they  shall  enter 
record  their  findings,  and  shall  also  set  out  in  tt  e 
order  the  conditions  upon  which  such  arrangements  f 
conversation  or  transfer  of  messages  shall  be  made,  iii 
shall  decide  what  proportion  of  expense  shall  be  pa 
by  each  of  said  connecting  lines. 

Companies  to  comply  Kith  order.     §  5.     Whenever  tl 
city  council  or  commissioners'  court  shall  enter  an  ori 
in   compliance  with   §  3   of  this  Act,   requiring  telephoi 
or   telegraph   companies   to   arrange   for   conversation 
transfer    of    messages,    it    shall    be    compulsory    on    sa 
company  to  arrange  for  such  conversation  or  transfer 
messages,  and  failing  to  do  so  shall  forfeit  to  the  Sti 
of  Texas,  on  suit  by  the  county  or  district  attorney,     1 
sum   of    $10    for   each    and    every    day    they    so    negle; 
provided,  that  the  penalty  herein   assessed  shall   not 
operative    against    a   company    which    is    prevented    fr ) 
making  connections   as  herein  required  through  the  ti  i 
or   omission   of  another   company,   so   long   as   such   te  t 
or  omission    shall   cause    such    failure   on    its    part   to 
connect;   provided,  further,  that  any  company  ordered 
arrange  •  for    conversations    or    to    transfer    messages    t 
tween  its  line  and  another  line,  as  herein  provided,  si  < 
have  the   right   to   appeal   from   such   order  to    the   cc  i 
having  jurisdiction  over  said  matter,  and  the  court  sh  i 
if  it  shall  find  that  appellant  had  reasonable  grounds   f 
prosecuting    such    appeal,    suspend    the    penalty    her ; 
provided  for  until  such  appeal  is  finally  determined. 

Emergency.  §  6.  The  fact  that  there  is  no  law  req  i 
ing  telephone  and  telegraph  companies  to  connect  in  1 1 
State  creates  an  emergency  and  an  imperative  pfl'  'l 
necessity  requiring  that  the  constitutional  rule  wt  i 
provides  that  all  bills  shall  be  read  on  three  sevc  i 
days  be  suspended,  and  said  rule  is  hereby  suspent  ( 
and  that  this  Act  take  effect  from  and  after  its  pass;  f 
and  it  is  so  enacted. 

Approved   May  16,  1907. 

APPROPRIATION    FOR   RAILROAD   COMMISSION   OF  TEXAS    FOR  E  J 
OF  THE  YEARS   1910  AND   1911. 

Salary   of    three    commissioners $12  0 

Salary  of  secretary 17 

Salary    of    one    rate    clerk 15 

Salary  of  one  general  clerk 12 

Salary  of  one  general  clerk 12 

Salary  of  one  expert  accountant 2  7 

Salary  of  one  assistant  expert  accountant  and  rate 

clerk    18 

Salary    of   one    expert    rate    clerk.... 2  7 

Salary  of  one  assistant  rate  clerk 2.5 

Salary   of   civil   engineer 3,0 

♦Salary    of    stenographer 9 

Salary  of   porter 4 

For  contingent  expenses,  sheriffs'  fees,  transporta- 
tion of  clerks  and  commissioners  when  neces- 
sary, furniture,  fixtures  and  files,  postage,  sta- 
tionery, books,  telegraph,  telephone  and  express 
charges,    for   printing   blanks,    maps,    pamphlets, 

rulings,  tariffs  and  for  other  necessary  expenses  6,5 

$38,1 
♦Vetoed   by  the   governor. 


Public  Service  Laws 


1317 


PUBLIC   SERVICE  LAWS   OF  UTAH 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  I. 

Private  property  for  public  use.  §  22.  Private  property 
shall  not  be  taken  or  damaged  for  public  use  without 
just    compensation. 

Irrevocable  franchises  forbidden.  §  23.  No  law  shall 
be  passed  granting  irrevocably  any  franchise,  privilege 
or   immunity. 

Uniform  operation  of  laws.  §  24.  All  laws  of  a  general 
nature   shall  have  uniform  operation. 

ARTICLE  VI. 

LEGISLATIVE  DEPARTMENT.  • 

Power  vested  in  senate,  house  and  people.  S  1.  The 
legislative   power   of  the   State   shall   be   vested: 

1.  In  a  senate  and  house  of  representatives  which 
shall  be  designated  as  the  legislature  of  the  State  of 
Utah. 

2.  In  the  people  of  the  State  of  Utah,  as  herein- 
after stated: 

The  legal  voters  or  such  fractional  part  thereof  of 
the  State  of  Utah,  as  may  be  provided  by  law.  under 
such  conditions  and  in  such  manner  and  within  such 
time  as  may  be  provided  by  law,  may  initiate  any  de- 
sired legislation  and  cause  the  same  to  be  submitted 
to  a  vote  of  the  people  for  approval  or  rejection,  or 
may  require  any  law  passed  by  the  legislature  (except 
those  laws  passed  by  a  two-third  vote  of  the  members 
elected  to  each  house  of  the  legislature)  to  be  submitted 
to  the  voters  of  the  State  before  such  law  shall  take 
effect. 

The  legal  voters,  or  such  fractional  part  thereof,  as 
may  be  provided  by  law,  of  any  legal  subdivision  of 
the  State,  under  such  conditions  and  in  such  manner 
and  within  such  time  as  may  be  provided  by  law,  may 
Initiate  any  desired  legislation  and  cause  the  same  to 
be  submitted  to  a  vote  of  the  people  of  said  legal  sub- 
division for  approval  or  rejection,  or  may  require  any 
law  or  ordinance  passed  by  the  law-making  body  of 
said  legal  subdivision  to  be  submitted  to  the,  voters 
thereof  before  such  law  or  ordinance  shall  take  effect. 
[As  amended  November  6,   1900.] 

Enumeration  of  private  laws  forbidden.  §  26.  The  leg- 
islature is  prohibited  from  enacting  any  private  or  special 
laws  in  the  following  cases: 

14.  Authorizing  persons  to  keep  ferries  across  streams 
within   the   State. 

15.  Remitting  fines,  penalties  cr  forfeitures. 

16.  Granting  to  an  individual,  association  or  cor- 
poration  any   privilege,   immunity  or  franchise. 

The  legislature  may  repeal  any  existing  special  law 
relating   to   the   foregoing   subdivisions. 

In  all  cases  where  a  general  law  can  be  applicable, 
no  special  law  shall  be  enacted. 

Nothing  in  this  section  shall  be  construed  to  deny 
or  restrict  the  power  of  the  legislature  to  establish 
and  regulate  the  compensation  and  fees  of  county  and 
township  officers;  to  establish  and  regulate  the  rates 
of  freight,  passage,  toll  and  charges  of  railroads,  toll 
roads,  ditch,  flume  and  tunnel  companies,  incorporated 
under  the  laws  of  the  State  or  doing  business  therein. 

Lending  public  credit  forbidden.  §  31.  The  legislature 
shall  not  authorize  the  State  or  any  county,  city,  town, 
township,  district  or  other  political  subdivision  of  the 
State  to  lend  its  credit  or  subscribe  to  stock  or  bonds 
In  aid  of  any  railroad,  telegraph  or  other  private  in- 
iividual    or   corporate   enterprise    or   undertaking. 

ARTICLE  XII. 

CORPORATIO^■S. 

Corporations  —  Formation  —  Control.  S  1.  Corporations 
may  be  formed  under  general  laws,  but  shall  not  be 
;reated  by  special  Acts.  All  laws  relating  to  corpora- 
tions may  be  altered,  amended  or  repealed  by  the  legis- 
lature, and  all  corporations  doing  business  in  this  State 
may,  as  to  such  business,  be  regulated,  limited  or  re- 
strained  by   law. 


Existing  corporations  to  accept  constitution.  §  2.  All 
existing  charters,  franchises,  special  or  exclusive  privi- 
leges, under  which  an:  actual  and  bona  fide  organization 
shall  not  have  taken  place,  and  business  been  com- 
menced in  good  faith,  at  the  time  of  the  adoption  of 
this  constitution  shall  hereafter  have  no  validity,  and 
no  corporation  in  existence  at  the  time  of  the  adoption 
of  this  constitution  shall  have  the  benefit  of  future 
legislation  without  first  filing  in  the  office  of  the  sec- 
retary of  State  an  acceptance  of  the  provisions  of  this 
constitution. 

Legislature  not  to  extend  or  validate  franchises.  §  3. 
The  legislature  shall  not  extend  any  franchise  or  charter 
nor  remit  the  forfeitures  of  any  franchise  or  charter 
of  any  corporation  now  existing,  or  which  shall  here- 
after  exist  under   the   laws   of   this   State. 

"Corporation"  defined— Suits.  §  4.  The  term  "corpora- 
tion," as  used  in  this  article,  shall  be  construed  to  include 
all  associations  and  joint  stock  companies  having  any 
powers  or  privileges  of  corporations,  not  possessed  by 
individuals  or  partnerships,  and  all  corporations  shall 
have  the  right  to  sue,  and  shall  be  subject  to  be  sued, 
in   all   courts  in  like  cases   as  natural  persons. 

Corporate  stock — Issuance  increases,  etc.  §  5.  Corpora- 
tions shall  not  issue  stock,  except  to  bona  fide  subscribers 
thereof  or  their  assignee,  nor  shall  any  corporation  issue 
any  bond  or  ether  obligation  for  the  payment  of  money, 
except  for  money  or  property  received  or  labor  done. 
The  stock  of  corporations  shall  not  be  increased,  ex- 
cept in  pursuance  of  general  law  nor  shall  any  law  au- 
thorize the  increase  of  stock  without  the  consent  of  the 
person  or  persons  holding  the  larger  amount  in  value 
of  the  stock,  or  without  due  notice  of  the  proposed  in- 
crease having  previously  been  given  in  such  manner 
as  may  be  prescribed  by  law.  All  fictitious  increase  of 
stock   cr   indebtedness    shall   be    void. 

Privileges  of  foreign  corporations.  %  6.  No  corpora- 
tions organized  outside  of  this  State,  shall  be  allowed  to 
transact  business  within  the  State  on  conditions  more 
favorable  than  those  prescribed  by  law  to  similar  cor- 
poration  organized   under   the   laws  of  this   State. 

Limitation  or  alienation  of  franchise.  S  7.  No  corpora- 
tion shall  lease  or  alienate  any  franchise  so  as  to  re- 
lieve the  franchise  or  property  held  thereunder  from 
the  liabilities  of  the  lesser,  or  grantor,  lessee  or  grantee, 
contracted  or  incurred  in  operation,  use  or  enjoyment 
of  such   franchise  or  any  of  its  privileges. 

STATUTE    LAWS    OP    UTAH. 

Consent  of  local  authorities  necessary  to  use  of  streets. 
§  8.  No  law  shall  be  passed  granting  the  right  to 
construct  and  operate  a  street  railroad,  telegraph,  tele- 
phone or  electric  light  plant  within  any  city  or  incor- 
porated town,  without  the  consent  of  the  local  authori- 
ties who  have  control  of  the  street  or  highway  proposed 
to  be  occupied  for  such  purposes. 

Place  of  business,  process  agent,  etc.  §  9.  No  corpora- 
tion shall  do  business  in  this  State  without  having  one 
or  more  places  of  business,  with  an  authorized  agent 
or  agents,  upon  whom  process  may  be  served,  nor  with- 
out first  filing  a  certified  copy  of  its  articles  of  incor- 
poration with  the  secretary  of  State. 

Corporations  limited  to  authorized  objects.  §  10.  No 
corporation  shall  engage  in  any  business  other  than 
that  expressly  authorized  in  its  charter  or  articles  of 
incorporation. 

Franchises  may  be  taken  for  public  use.  §  11.  The  ex- 
ercise of  the  right  of  eminent  domain  shall  never  be  so 
abridged  or  construed  as  to  prevent  the  legislature  from 
taking  the  property  and  franchises  of  incorporated  com- 
panies, and  subjecting  them  to  public  use,  the  same 
as   the   property  of  individuals. 

Common  carriers.  §  12.  All  railroad  and  other  trans- 
portation companies  are  declared  to  be  common  carriers, 
and  subject  to  legislative  control,  and  such  companies 
shall  receive  and  transport  each  other's  passengers  and 
freight  without  discrimination  or  unnecessary  delay. 


1318 


National  Association  of  Railway  Commissioners 


Competing  railroads  not  to  consolidate.  §  13.  No  rail- 
road corporation  shall  consolidate  its  stock,  property  or 
franchises  with  any  other  railroad  corporation  owning  a 
competing  line. 

Rolling  stock  considered  personal  property.  §  14.  The 
rclling  stock  and  other  movable  property,  belonging  to 
any  railroad  company  or  corporation  in  this  State,  shall 
be  considered  personal  property  and  shall  be  liable  to 
taxation  and  to  execution  and  sale,  in  the  same  manner 
as  the  personal  property  of  individuals,  and  such  prop- 
erty  shall  not   be  exempted   from   execution   ard   sale. 

Legislature  to  prescrihe  maximum  rates — Discrimina- 
tions. §  15.  The  legislature  shall  pass  laws  establishing 
reasonable  maximum  rates  cf  charges  for  the  trans- 
portation of  passengers  and  freight,  for  correcting  abuses 
and  preventing  discrimination  and  extortion  in  rates  of 
freight  and  passenger  tariffs  by  the  different  railroads 
and  other  common  carriers  in  the  State,  and  shall  en- 
force such   laws   by   adequate   penalties. 

Armed  bodies  not  to  enter  State,  when.  §  16.  No  corpo 
rarion  or  association  shall  bring  any  armed  person  or 
bodies  of  men  into  this  State  for  the  preservation  of 
the  peace  or  the  suppression  of  domestic  trouble  without 
authority  of  law. 

Employe  of  corporation  ineligible  to  municipal  office, 
when.  §  17.  No  officer,  employe,  attorney  or  agent  of  any 
corporation,  company  or  association  doing  business 
under  or  by  virtue  of  any  municipal  charter  or  franchise, 
shall  be  eligible  to  or  permitted  to  hold  any  municipal 
office  in  the  municipality  granting  such  charter  or  fran- 
chise. 

Liability  of  stockholders  of  banks.  §  18.  The  stock- 
holders in  every  corporation  and  joint  stock,  subscribed 
and  fully  paid  by  them,  shall  be  individually  responsible 
for  an  additional  amount,  equal  to  the  amount  of  their 
stock  in  such  corporation  fcr  all  its  debts  and  liabilities 
of   every  kind. 

Blacklisting  forbidden.  §  19.  Every  person  in  this 
State  shall  be  free  to  obtain  employment  whenever  pos- 
sible, and  any  person,  corporation  or  agent,  servant  or 
employe  thei'eof  maliciously  interfering  or  hindering  in 
any  way  any  person  from  cbtaining  or  enjoying  employ- 
ment already  obtained,  from  any  other  corporation  or 
person,  shall  be  deemed  guilty  of  a  crime.  The  legis- 
lature shall  provide  by  law  for  the  enforcement  of  this 
section. 

Trusts  and  combinations  prohibited.  §  20.  Any  com- 
bination by  individuals,  corporations  or  associations, 
having  for  its  object  or  effect  the  controlling  of  the 
price  of  any  products  of  the  soil  or  of  any  article  of 
manufacture  or  commerce  or  the  .cost  of  exchange  or 
transportation  is  prohibited,  and  hereby  declared  unlaw- 
ful, and  against  public  policy.  The  legislature  shall 
pass  laws  for  the  enforcement  of  this  section  by  ade- 
quate penalties,  and  In  case  of  incorporated  companies, 
if  necessary  for  that  purpose,  it  may  declare  a  forfeiture 
of   their   franchise. 

ARTICLE  XIII. 

REVENUE  AND  TAX.MION. 

Legislature  to  provide  uniform  tax — Exemptions.  §  3. 
The  legislature  shall  provide  by  law  a  uniform  and 
equal  rate  of  assessment  and  taxation  on  all  property  in 
the  State,  according  to  its  value  in  money,  and  shall 
prescribe  by  general  law  such  regulations  as  shall  secure 
a  just  valuation  for  taxation  of  all  property,  so  that 
every  person  and  corporation  shall  pay  a  tax  in  propor- 
tion to  the  value  of  his,  her  or  its  property;  provided, 
that  a  deduction  of  debits  from  credits  may  be  author- 
ized; provided,  further,  that  the  property  of  the  United 
States,  of  the  State,  counties,  cities  towns,  school  dis- 
tricts, municipal  corporations  and  public  libraries,  lots 
with  the  buildings  thereon  used  exclusively  for  either 
religious  worship  or  charitable  purposes  and  places  of 
burial,  not  held  or  used  for  private  or  corporate  benefit, 
shall  be  exempt  from  taxation.  Ditches,  canals,  reser- 
voirs, pipes  and  flumes  owned  and  used  by  individuals 
cr  corporations  for  irrigating  lands  owned  by  such  in 
dividuals  or  corporations  or  the  individual  members 
thereof  shall  not  be  separately  taxed  so  long  as  they 
shall   be   owned   and   used   exclusively   for  such    purpose; 


provided,  further,  that  the  taxes  of  the  indigent  poor 
may  be  remitted  or  abated  at  such  time  and  in  such 
manner  as  may  be  provided  by  law.  [As  amended  No- 
vember  6,   1900.] 

Stamp,  income,  license  or  franchise  tax  permissible. 
§12.  Nothing  in  this  constitution  shall  be  contrued  to 
prevent  the  legislature  from  providing  a  stamp  tax  or  a 
tax  based  on  income,  occupation,  licenses  or  franchises. 
[As  amended   November  6,  1906.] 

ARTICLE   XVI. 
labor. 

Exchange  of  blacklists  prohibited.  5  4.  The  exchange 
of  blacklists  by  railroad  companies,  or  other  corporations, 
associations  or  persons  is  prohibited. 

Legislature  to  enforce  this  article.  §  7.  The  legislature 
by  approl)riate  legislation,  shall  provide  for  the  enforce 
ment  of  the  provisions  of  this  article. 


STATUTE  LAW. 
Chapter  93,  Acts  of  1907. 

FOKM.VTIOX   .\NI)  POWEK.S   OF   B.VILBOAI)   CORPORATIONa. 


II 


Be  it  enacted  by  the  legislature  of  the  State  of  Utah: ' 

Formation — Duration.  §  1.  Any  number  of  persons?' 
less  than  five,  may  associate,  under  the  provisions  of  la^i 
respecting  corporations  for  pecuniary  profit,  for  the  purjos* 
of  forming  a  railroad  corporation  to  exist  for  a  term  01 
years,  not  less  than  five  nor  more  than  100  years. 

Contents  of  articles.  §  2.  The  articles  of  incorpora  ioi 
shall  include,  in  addition  to  the  matters  required  to  b( 
stated  in  the  articles  of  incorporation  or  corporatism 
organized  for  pecuniary  profit,  the  names  of  the  pU  cei 
between  which  and  of  the  counties  through  or  iito 
which  it  is  proposed  to  construct  such  railroad,  and,  ai 
near  as  may  be,  its  length;  nor  shall  the  certificate  of  in 
corporation  issue  until  It  shall  appear  to  the  secretar;  o 
State  by  affidavit  of  at  least  three  of  the  incorpora  on 
that  $1,000  for  each  mile  in  length  of  the  proposed  raili  ja( 
shall  have  been  subscribed,  and  that  10  per  cent  of  the  st  ocl 
subscribed  by  each  stockholder  has  been  paid  in. 

Rights,  privileges  and  powers.  §  3.  Any  railroad  ccpt 
ration  organized  under  the  laws  of  this  State  shall,  exi  ep 
as  otherwise  provided  in  this  Act,  and  subject  to  the  1  mi 
tations  and  requirements  hereof,  have  all  the  rights,  p  ivi 
leges  and  powers,  and  be  subject  to  all  the  duties  and  ol 
ligations  of  corporations  organized  for  pecuniary  pr  )ftt 
and  in  addition  thereto  such  railroad  corporation  shall  1  avi 
the  following  powers: 

Subdivision  1.  To  lay  out,  locate,  relocate,  construct  r< 
construct,  purchase,  lease  or  otherwise  acquire,  and  to  <  wi 
maintain,  operate  and  enjoy  single  track  or  double  t  acl 
railroads  situated  within  this  State  or  wholly  without  thii 
State,  or  partly  within  and  partly  without  this  State.  an( 
any  branch  or  branches  of  such  railroads,  together  wltli  al 
property,  appurtenant  to  or  necessary  or  useful  in  con 
neotion  with  the  construction,  maintenance  or  opera  tloi 
of  such  railroads;  and  may  change  or  relocate  and  r« 
construct  any  portion  of  any  existing  railroad  with  eithe 
single  or  double  tracks,  and  all  such  turnouts,  yards  am 
other  facilities  as  shall  and  he  deemed  necessary  or, 
venient  for  use  in  connection  therewith. 

Subdivision  2.    To  construct,  purchase  or  lease  spu 
branch  lines  of  railroad,  connecting  with  the  main  Uie' 
any  branch  thereof,  and  to  relocate  any  section  or  sec  ifl 
of  its  line  with  the  same  power  as  in  the  case  of  oriiiina 
or   first   location,    though    such    spurs   or   branch    line^   o 
relocated  sections  be  not  named  or  described  in  the  article 
of  incorporation. 

Subdivision  S.  To  enter,  by  its  servants,  upon  the  res 
property  of  any  person,  for  the  purpose  of  selectin:;  ai 
advantageous  route  for  its  main  line  or  any  exteiisioi 
or  branch  thereof,  or  for  the  purpose  of  relocating  its  lin« 
subject  to  responsibility  for  all  damages  repulting  tlier* 
from.  To  acquire  by  purchase,  donation,  or  otherwis-j.  al 
such  real  and  personal  property  as  shall  be  necessar)  foi 
or  shall  be  given  to  aid  or  encourage  the  constructior.  att 
maintenance  of  its  railway,  and  for  its  buildings  or  yards 
to  condemn  in  the  manner  provided  by  law,  a  right  of  waj 
not  to  exceed  nine  rods  in  width,  with  such  additions 
lands    as    shall    he    necessary    for    depot    grounds,    rounc 


FUULIC   SliltVICE   l.AWS 


131» 


houses,  shops  and  other  necessary  uses,  or  for  the  purpose  of 
constructing  necessary  embankments,  excavations,  ditches, 
drains,  culverts  or  for  the  procuring  of  timber,  stone, 
gravel,  or  other  essential  materials;  including  water  and 
water  rights  for  its  locomotives,  cars  shops,  depots,  yards, 
together  with  all  lands  and  rights  of  way  necessary  for  the 
construction  and  maintenance  of  reservoirs,  pipe  or  con- 
duit lines  for  the  storage  and  conveyance  of  such  waters 
to  the  places  where  the  same  is  required  for  such  use; 
to  cross  natural  or  artificial  streams  or  bodies  of  water, 
streets  or  highways  or  railroads,  which  its  road  shall  inter- 
sect, in  such  manner  as  to  afford  security  for  life  and 
property  and  subject  to  the  duty  of  immediately  restoring 
such  course  or  body  of  water,  street,  highway  or  railroad 
to  its  former  condition,  as  nearly  as  may  be;  to  cross. 
Intersect,  join  or  unite  its  railroad  with  any  other  rail- 
road, either  before  or  after  construction,  at  any  points  upon 
its  route,  and  upon  the  grounds  of  such  other  railroad 
corporation,  with  the  necessary  turnouts,  sidings  and 
switches,  and  other  conveniences,  in  furtherance  of  the 
objects  of  its  connections;  and  every  corporation  whose 
railroad  is  or  shall  be  hereafter  intersected  by  any  new 
railroad,  shall  unite  with  the  owners  of  such  new  railroad 
in  forming  such  intersections  and  connections,  and  grant 
facilities  therefor. 

Subdivision  '/.  To  take  and  transport  persons  and  prop- 
erty by  steam,  electrical,  animal  or  other  power,  or  by 
any  combination  thereof;  and  to  receive  such  compensa- 
tion therefor  as  shall  be  reasonable  and  conformable  to 
law,  and  make  such  regulations  regarding  the  movement 
of  its  trains  or  cars  and  the  manner  of  transporting  pas- 
sengers and  freight  and  for  the  management  of  its  prop- 
erty and  conduct  of  its  business,  as  shall  be  reasonable 
and  conformable  to  law. 

Subdivision  7.  To  lease  and  operate  any  part  or  all  of  a 
railroad  situated  wholly  or  partly  within  or  without  this 
State;  and  any  railroad  company  organized  under  the  laws 
of  the  United  States,  or  of  this  or  any  other  State  or 
Territory,  may  lease  and  operate  any  part  or  all  of  the  rail- 
road owned  by  a  company  of  this  State;  provided,  that  this 
section  shall  not  be  construed  to  permit  any  railroad 
company  to  lease  or  operate,  in  whole  or  in  part,  any  com- 
peting line  situated  within  this  State. 

Subdivision  (i.  To  merge  or  to  consolidate  with  any 
other  railroad  company  or  companies  organized  or  exist- 
ing under  the  laws  of  this  or  any  other  State  or  Territory, 
or  of  the  United  States;  provided,  that  the  lines  of  such 
companies  shall  not  be  competing  but  shall  be  substanti- 
ally continuous  or  connective,  either  by  means  of  actual 
union  of  track  or  through  the  medium  of  any  bridge,  ferry 
or  line  of  railroad  leased,  operated  or  otherwise  controlled 
by  any  or  either  of  said  corporatfons,  or  which  any  such 
corporation  shall  have  the  right,  by  contract  or  otherwise, 
to  use  or  operate.  The  agreement  of  merger  or  consolida- 
tion as  the  case  may  be,  shall  specify  whether  there 
shall  bo  a  merger  of  one  or  more  such  companies  into  an- 
other without  the  creation  of  a  new  corporation,  or  a  con- 
solidation forming  a  new  consolidated  corporation.  The 
agreement  shall  be  ratified  by  the  stockholders  of  any  such 
corporation  of  this  State  at  any  annual  or  .general  meet- 
ing, or  at  any  special  meeting  called  for  that  purpose. 
It  shall  also  be  ratified  by  the  stockholders  of  any  foreign 
corporation  in  the  manner  prescribed  by  the  laws,  if  any 
there  be,  of  the  jurisdiction  where  such  corporation  is 
organized.  The  affidavit  of  the  president  and  secretary 
of  any  such  domestic  or  foreign  corporation  showing  that 
such  agreement  has  been  ratified  by  stockholders,  or  that 
such  foreign  laws  have  been  fully  complied  with,  shall  be 
filed  with  the  secretary  of  State.  In  case  of  consolidation, 
such  filing  must  be  made  with  the  secretary  of  State  before 
liis  certificate  of  incorporation  shall  issue  to  the  new  con- 
solidated corporation. 

Subdivision  7.  To  sell,  convey  and  transfer  its  prop- 
erty and  franchises,  or  any  part  thereof,  to  any  railroad 
corporation  (not  owning  any  competitive  line  in  this  State), 
whether  organized  under  the  laws  of  this  State  or  of  anj- 
other  State  or  Territory,  or  of  the  United  States,  and  any 
railroad  corporation  receiving  such  conveyances  may  holij 
and  operate  such  railroad,  franchises  and  property,  within 
this  State,  and  build  and  operate  extensions  or  branches 
thereof,  and  for  that  purpose  may  exercise  the  power  of 
eminent  domain,  and  do  any  other  business  in  connection 


therewith  as  fully  and  effectually  to  all  intents  and  pur- 
poses as  if  such  corporation  were  organized  under  the 
laws  of  this  State;  provided,  that  such  purchasing  corpora- 
tion shall  comply  with  all  the  laws  of  the  State  of  Utah 
relative  to  railroad  corporations,  not  in  conflict  herewith. 

Subdivision  8.  To  acquire,  own,  maintain,  operate  and 
navigate  steamships,  sailing  vessels  and  boats  of  every  de- 
icription,  and  generally  to  carry  on  the  business  of  a 
common  carrier  by  water,  and  to  purchase,  own,  hold,  pledge 
or  otherwise  dispose  of  the  capital  stock,  bonds  or  other 
obligations  of  any  corporation  owning  or  operating  any  such 
ships,  vessels  or  boats;  provided,  that  this  section  shall 
not  be  construed  to  permit  any  railroad  company  to  pur- 
chase, own,  hold,  pledge,  or  otherwise  dispose  of  the 
capital  stock,  bonds,  or  other  obligations  of  any  corporation 
owning  or  operating  such  ships,  vessels,  or  boats  where 
such  corporation  may  be  a  competing  line  with  such  rail- 
road company,  or  with  any  other  corporation  in  which  said 
railroad  company  may  own  any  of  the  capital  stock,  bonds 
or  other  obligations  thereof. 

Subdivision  !).  To  issue  bonds  for  such  sums,  and  pay- 
able at  such  times  and  places,  and  drawing  interest  at 
such  rates  as  the  board  of  directors  shall  deem  expedient; 
and  for  the  purpose  of  securing  the  payment  of  such  bonds 
and  interest,  to  execute  trust  deeds  or  mortgages,  or  both, 
upon  the  whole  or  any  part  of  their  lines,  real  property, 
rolling  stock,  machinery  and  other  personal  property, 
franchises,  income  and  profits  acquired  or  that  thereafter 
shall  be  acquired.  Such  bonds  and  trust  deeds  or  mort- 
gages shall  be  valid  according  to  their  terms,  notwith- 
standing the  fact  that  the  bonds  may  be  sold  below  par 
value.  A  trust  deed  or  mortgage  made  as  aforesaid  to 
operate  as  notice  to  third  persons,  shall  be  recorded  in  the 
office  of  the  recorder  of  each  county  in  which  any  of  the 
property  affected  by  such  trust  deed  or  mort.gage  shall  be 
situated,  and  need  not  be  left  or  filed  in  said  office.  And 
such  mortgage  or  trust  deed,  when  made,  shall  be  a  valid 
lien  upon  the  real  and  personal  property  and  chattels 
included  therein,  notwithstanding  the  fact  that  the  pos- 
session of  such  personal  property  may  remain  with  the 
mortgagor;  and  when  recorded  as  aforesaid,  such  record 
shall  be  notice  to  all  persons  of  the  existence  of  such 
mortgage  or  deed  of  trust  according  to  its  terms;  provided 
that  corporations  organized  under  the  laws  of  this  State, 
owning  and  operating  street,  suburban  or  interurban  rail- 
roads, including  those  that  own  and  operate,  with  such 
railroads,  power  and  lighting  plants,  shall  be  deemed 
railroad  companies,  and  their  properties,  railroad  proper- 
ties, within  the  meaning  of  this  subdivision. 

Subdivision  10.  To  create,  issue  and  dispose  of  pre- 
ferred stock,  special  stock  and  income  certificates,  to  such 
amounts  and  in  such  form  and  for  such  purposes,  and  as 
between  the  stockholders  themselves  to  make  the  same 
payable  in  respect  of  principal  and  dividends  out  of  such 
class  or  character  of  assets  and  income,  as  shall  be  de- 
termined upon  by  the  board  of  directors  of  such  corporation 
with  the  assent  thereto  of  the  holders  of  at  least  a  ma 
jority  in  amount  «f  the  common  capital  stock;  provided, 
that  no  increase  of  any  preferred  or  special  stock,  or  of 
any  income  certificates  issued  pursuant  to  this  chapter, 
shall  at  any  time  be  made  without  the  assent  thereto  of  the 
holders  of  at  least  a  majority  in  amount  of  the  preferred 
stock,  special  stock,  or  of  the  income  certificates  to  be 
affected  by  such  issu9.  as  the  case  may  be.  The  holders 
of  such  preferred  or  special  stock  shall  have  the  same 
right  to  vote  at  stockholders'  meetings  as  the  holders  of 
the  common  stock  of  said  company,  and  shall  be  equally 
qualified  to  be  officers  thereof. 

Subdivision  11.  To  purchase  or  otherwise  lawfully  ac- 
quire and  to  own,  hold,  pledge  or  otherwise  dispose  of 
the  capital  stock  or  any  part  of  the  capital  stock,  bonds, 
or  other  obligations  of  any  corporation  organized  under  the 
laws  of  this  State,  or  of  the  United  States,  or  of  any  other 
State  or  Territory  of  the  United  States,  which  may  own 
or  operate,  by  lease  or  otherwise,  any  line  or  lines  of 
steam,  electric,  street  or  interurban  railroad,  any  union 
depot  or  station,  any  railroad  terminal,  wharves,  docks,  or 
other  shipping  facilities,  any  steamships,  steamboats  or 
other  water  craft,  or  which  may  carry  on  refrigerator 
business  or  furnish  cars  or  other  facilities  for  refrigera- 
tion or  storage  of  freight,  or  which  may  carry  on  an  ex- 
press   or    other   transportation    business,    or    which    may 


1320 


National  Association  of  Railway  Commissioners 


manufacture,  sell,  lease,  or  otherwise  provide  railroad 
equipment;  and  upon  the  pledge  or  sale  of  such  bonds  or 
other  obligations  aforesaid,  said  railroad  company  shall 
have  power,  in  the  discretion  of  its  board  of  directors,  to 
guarantee  the  same;  provided,  however,  that  nothing  in 
this  section  contained  shall  be  construed  to  authorize  the 
purchase,  or  acquisition  otherwise,  of  any  stock,  bond  or 
other  obligation  of  any  corporation  owning  or  operating 
a  competing  line  of  railroad  within  this  State. 

Subdivision  12.  Upon  an  increase  of  the  amount  of 
capital  stock  specified  in  its  original  or  amended  articles 
of  association,  to  receive  subscriptions  for  such  increase 
of  stock  on  such  terms  as  the  board  of  directors  or  a  ma- 
jority of  the  stockholders  shall  authorize,  payable  in 
shares  of  the  capital  stock  or  in  bonds  or  other  obliga- 
tions of  any  other  corporation  organized  under  the  laws 
of  this  State  or  of  the  United  States  or  of  any  other  State 
or  Territory  of  the  United  States,  whose  capital  stock, 
bonds  or  other  obligations  are  authorized  to  be  purchased 
or  acquired  by  railroad  corporations  of  this  State;  pro- 
vided, that  the  stocks,  bonds  or  obligations  of  such  other 
corporations  to  be  received  in  payment  and  exchange  for 
the  stock  so  subscribed  for  shall  be  of  a  par  value  at  least 
equal  to  the  par  amount  of  the  stock  subscribed  for,  or  of 
an  actual  or  market  value  equal,  in  the  opinion  of  the  board 
of  directors,  to  that  of  the  stock  so  subscribed  for  and 
issued,  and  such  stock  so  issued  shall  for  all  purposes  be 
deemed  fully  paid  and  nonassessable;  and,  provided  fur- 
ther, that  these  privileges  shall  not  be  construed  to  permit 
any  railroad  corporation  of  this  State  to  consolidate  its 
stock,  property  or  franchises  with  any  other  railroad  corpo- 
ration owning  a  competing  line  in  this  State. 

Rights,  privileges  and  powers  (continued).  §  4.  Rail- 
road corporations  heretofore  organized  and  now  existing 
or  hereafter  organized  and  existing  under  the  laws  of 
this  State  shall  be  subject  to  all  the  duties  Imposed  and 
shall  have  and  possess  all  the  powers  and  privileges  con- 
ferred by  this  Act,  as  well  as  the  powers  and  privileges 
conferred  by  the  laws  under  which  said  corporations  were 
organized  or  which  are  contained  in  their  articles  of  in- 
corporation, and  are  not  inconsistent  with  the  laws  and 
constitution  of  this  State. 

May  6e  formed  to  t)uy  other  railroads.  §  5.  Railroad 
corporations  may  be  formed  pursuant  to  the  laws  of 
this  State,  for  the  purpose  of  buying,  owning,  maintain- 
ing, operating  and  further  extending  the  railroad,  rights, 
property  and  franchises  of  any  corporation  or  corpora- 
tions whose  lines  of  railroad  are  situated  within  or 
without  this  State,  or  partly  within  and  partly  without 
this  State,  or  partly  within  and  partly  without  this 
State,  which  shall  have  been  or  may  be  sold  under  judi- 
cial proceedings,  or  in  the  enforcement  of  mortgage 
liens,  or  at  private  sale;  and  the  purchaser  or  pur- 
chasers at  such  sale  or  sales  of  such  railroad,  rights, 
property  and  franchises,  or  any  part  thereof,  together 
with  his  or  their  associates,  or  any  number  of  persons 
not  less  than  five,  may  become  a  railroad  corporation  for 
the  purpose  aforesaid,  by  filing  articleCs  of  association  in 
the  office  of  the  sec."etary  of  State,  wliich  articles  shall 
contain  the  name  of  the  proposed  corporation,  the  number 
of  years  it  is  to  continue,  not  exceeding  100,  the 
amount  of  capital  stock,  the  termini  of  the  road  so  pur- 
chased or  to  be  purchased,  and  its  length,  and  the 
States,  Territories  and  counties  through  which  it  passes, 
the  number  of  directors,  not  less  than  five  nor  more  than 
15,  and  the  names  of  those  who  shall  serve  as  directors 
of  the  corporation  for  the  first  year  and  until  their  suc- 
cessors are  chosen  and  qualified;  and  upon  such  filing 
of  such  articles  of  association  said  corporation  shall, 
without  further  act,  be  deemed  and  held  to  have  been 
fully  formed  and  created  with  the  powers  specified  in 
such  articles  of  association;  provided  they  are  not  in- 
consistent with  the  laws  and  constitution  of  this  State. 
Such  purchasing  corporation  shall,  in  addition  to  the 
foregoing  powers  be  vested  with  and  be  entitled  to  ex- 
ercise and  enjoy  all  the  powers,  rights,  privileges  and 
franchises  which  at  the  time  of  sale  belonged  to  or 
were  vested  in  the  corporation  or  corporations  last 
owning  the  properties  sold,  not  inconsistent  with  the 
laws  and  constitution  of  this  State,  as  wfell  as  all  the  rights, 
privileges  and  franchises  of  railroad  corporations  organ- 
ized under  the  laws  of  this  State,  and  except  as  herein 


otherwise  provided,  shall  be  subject  to  all  the  duties  and 
liabilities  imposed  by  the  laws  of  this  State,  upon  rail- 
road corporations,  and  shall  have  the  power  to  purchase, 
hold,  enjoy,  maintain  and  operate  the  railroads,  prop 
erty,  rights  and  franchises,  or  any  part  thereof,  which 
shall  have  been  or  may  be  sold  as  aforesaid  upon  such 
terms  as  the  directors  may  deem  expedient,  and  tc 
extend  the  said  railroads,  within  and  without  this  state 
and  shall  have  power  to  construct  or  acquire  by  lease 
purchase,  consolidation,  ownership  of  capital  stock  oi 
otherwise,  branches,  extensions,  cutoffs  and  connecting 
lines,  within  or  without  this  State  and  may  make  suci 
contracts  and  do  such  acts  as  the  directors  shall  deen: 
necessary  or  exi>edient;  provided  such  acts  and  con 
tracts  are  not  in  violation  of  the  laws  and  constitutior 
of  this  State,  and  may  from  time  to  time  create  and  issue 
capital  stocks  to  an  amount  not  exceeding  the  amoun'-  au 
thorized  by  and  stated  in  the  articles  of  association,  oi 
any  amendment  or  amendments  thereof  made  by  authoritj 
of  its  directors  or  stockholders  as  provided  by  law,  anc 
from  time  to  time  to  issue  bonds  for  such  sum  or  sums 
and  payable  at  such  times  and  places,  and  drawing 
interest  at  such  rate  as  the  directors  may  deem  proi>er 
and  to  execute  trust  deeds  or  mortgages,  or  both,  u.ioi 
the  whole  or  any  part  of  the  railroad  lines,  brandies 
branch  lines,  extensions,  cutoffs,  and  connecting  lines 
property,  franchises,  income  and  profits  then  owned  oi 
thereafter  acquired  by  such  corporation,  and  situatec 
within  or  without,  or  partly  within  and  partly  withoui 
this  State,  to  secure  the  payment  of  such  bonds  and  in 
terest,  and  may  use  such  bonds  or  stocks  or  any  j  an 
thereof,  in  payment  for  the  property  purchased,  ( on 
structed,  acquired  or  taken  by  or  for  such  corporatior  oi 
for  any  imfrovement  or  extension  thel-eof,  or  any  i  an 
of  it,  upon  such  terms  as  the  directors  may  deem  exp  ^di 
ent. 

Hcpeal.  §  6.  The  following  Acts  and  parts  of  Act!  o 
the   legislature  of  this   State,  to-wit: 

Chapter  26,  of  the  Laws  of  Utah,  1901,  entitled  '  Ai 
Act  to  codify  and  revise  certain  laws  of  this  State  iro 
viding  for  the  formation  of  corporations  for  the  purj  os( 
of  purchasing,  constructing,  acquiring,  owning,  m  lin 
taining.  operating  or  extending  railroad  lines,  franchi  es 
properties,  and  appurtenances,  authorizing  the  issue  b] 
such  corporations  of  stocks  and  bonds  and  other  se  ur 
ities,  and  the  making  of  deeds  of  trust,  mortgages  m( 
defining  certain  rights  and  powers  of  such  corporatic  ns 
and  to  repeal  the  following  named  Acts  and  parts  o 
Acts,  namely:  Chapter  I,  Laws  of  Utah,  1899;  cha  tei 
17,  Laws  of"  Utah,  1899;  chapter  2,  Laws  of  Utah,  1!  01 
chapter  3,  Laws  of  Utah,  1901;  §§  431,  432,  433,  431 
and  442,  Revised  Statutes  of  Utah,  1898,  apprc  ve( 
March  7,  1901;  §436,  Revised  Statutes  of  Utah,  1898  ai 
amended  by  chapter  108,  Laws  of  Utah,  1903;  §  143 
Revised  Statutes  of  Utah,  1898,  as  amended  by  cha  ite] 
29,  I^aws  of  Utah,  1905;  §444,  Revised  Statutes  of  Utah 
1898,  as  amended  by  chapter  131,  Laws  of  Utah,  1 '05 
be  and  the  same  are  hereby  repealed;  provided,  however 
that  all  rights  legally  accrued  under  any  or  all  of  th( 
said  several  Acts  or  parts  of  Acts  in  this  section  i  len 
tioned  are  confirmed  and  all  acts  legally  done  and  pel 
formed  under  the  same,  or  any  thereof,  are  hereby  con 
firmed  with  like  effect  as  if  each  of  said  Acts  an< 
parts  of  Acts  had  been  in  full  force  and  effect  a(  al 
times  since  the  same  were  severally  passed. 

In  effect  forthwith.  §  7.  This  Act  shall  take  effect  iipqi 
approval. 

Approved   March   14,  1907. 


i 


EMINENT  DOMAIN. 
CHAPTER  114,  ACTS  OP  1907. 

An  Act  amending  §  3588  of  the  revised  statutes  of  Utah 
1898,  as  amended  by  chapter  25,  Laws  of  Utah,  .^| 
providing    for    the   uses.  1^1 

IN   WHICH   THE   RIGHT   OP   EMINENT   DOMAIN    wH 
BE  EXERCISED. 

Be  it  enacted  by  the  legislature  of  the  State  of  Utah: 

Section  amended.  S  1.  That  §  3588  of  Revised  Statutei 
of  Utah,  1898,  as  amended  by  chapter  25,  Laws  o: 
Utah,  1901,  be  and  the  same  is  hereby  amended  to  rea( 
as  follows: 


Public  Service  Laws 


1381 


Exercised  in  behalf  of  what  uses.  §  3588.  Subject  to 
the  provisions  of  chapter  65,  Revised  Statutes,  1898,  the 
right  of  eminent  domain  may  be  exercised  in  behalf 
of  the  fallowing  public  uses: 

1.  All  public  uses  authorized  by  the  government  of 
the  United  States. 

2.  Public  buildings  and  grounds  for  the  use  of  the 
State,  and  all  other  public  uses  authorized  by  the  legis- 
lature. 

3.  Public  buildings  and  grounds  for  the  use  of  any 
county,  incorporated  city  or  town,  or  school  district, 
reservoirs,  canals,  aqueducts,  flumes,  ditches  or  pipes 
for  conducting  water  for  the  use  of  the  inhabitants  of 
any  county,  or  incorporated  city  or  town,  or  for  draining 
any  county,  or  incorporated  city  or  town,  for  raising  the 
banks  of  streams,  removing  obstructions  therefrom,  and 
widening,  deepening  or  straightening  their  channels; 
for  roads,  streets  and  alleys,  and  all  other  public  uses 
for  the  benefit  of  any  county,  incorporated  city  or  town, 
or    the    inhabitants   thereof. 

4.  Wharves,  docks,  piers,  chutes,  booms,  ferries, 
bridges,  toll  roads,  by-roads,  plank  and  turnpike  roads, 
roads  for  transportation  by  traction  engines  or  road  loco- 
motives, roads  for  logging  or  lumbering  purposes,  and 
railroads    and    street    railways    for    public    transportation. 

5.  Reservoirs,  dams,  water-gates,  canals,  ditches, 
flumes,  tunnels,  aqueducts  and  pipes  for  supplying  per- 
sons, mines,  mills,  smelters  or  other  works  for  the  re- 
duction of  ores,  with  water  tor  domestic  or  other  uses, 
or  for  irrigating  purposes,  or  for  draining  and  reclaiming 
lands,  or  for  floating  logs  and  lumber  on  streams  not 
navigable. 

6.  Roads,  railroads,  tramways,  tunnels,  ditches,  flumes, 
pipes,  and  dumping  places  to  facilitate  the  milling, 
smelting  or  other  reduction  of  ores,  or  the  working  of 
mines,  quarries  or  mineral  deposits;  outlets,  natural  or 
otherwise,  for  the  deposit  or  conduct  of  tailings,  refuse, 
or  water  from  mills,  smelter,  or  other  works  for  the 
reduction  of  ores,  or  from  .  mines,  quarries  or  mineral 
deposits;  mill  dams;  natural  gas  or  oil  pipe  lines,  tanks, 
or  reservoirs;  also  an  occupancy  in  common  by  the  own- 
ers or  ])ossessors  of  different  mines,  quarries,  mineral 
deposits,  mills,  smelters,  or  other  places  for  the  re- 
duction of  ores,  of  any  place  for  the  flow,  deposit  or 
conduct  of  tailings  or  refuse  matter. 

7.  By  roads  leading  from  highways  to  residences  and 
farms. 

8.  Telegraph,  telephone,  electric  light,  and  electric 
power  lines,  and  sites  for  electric  light  and  power 
plants. 

9.  Sewerage  of  any  city  or  town,  or  of  any  settle- 
ment of  not  less  than  10  families,  or  of  any  public 
building  belonging  to  the  State,  or  of  any  college  or 
university. 

10.  Canals,  reservoirs,  dams,  ditches,  flumes,  aque- 
ducts and  pipes  for  supplying  and  storing  water  for  the 
operation  of  machinery  for  the  purpose  of  generating 
and    transmitting   electricity  for   power,   light  or   heat. 

11.  Cemeteries  or  public  parks. 

12.  Pipe  lines  for  the  purpose  of  conducting  any 
and  all  liquids  connected  with  the  manufacture  of  beet 
sugar. 

Approved    March    14,    1907. 

Railroad  creating  debt  in  excess  of  available  means. 
§  4416.  Every  officer,  agent,  or  stockholder  of  any  rail- 
road company  who  knowingly  assents  to  or  has  an 
agency  in  contracting  any  debt  by  or  on  behalf  of  such 
company,  unauthorized  by  a  special  law  for  the  purpose, 
the  amount  of  which  debt,  with  other  debts  of  the 
company,  exceeds  its  available  means  for  the  payment 
of  its  debts  in  its  possession,  under  its  control  and  be- 
longing to  it  at  the  time  such  debt  is  contracted,  includ- 
ing its  bona  fide  and  available  stock  subscriptions  and 
exclusive  of  its  real  estate,   is  guilty  of  a  misdemeanor. 

Validity  of  debt  not  affected.  §  4417.  Id.  The  next 
preceding  section  does  not  affect  the  validity  of  a  debt 
created  in  violation  of  its  provisions  as  against  the 
company. 

Director  presumed  to  have  knowledge.  §  4418.  Every 
director  of  a  corporation  or  joint  stock  association  Is 
deemed  to  possess  such  a  knowledge  of  the  affairs  of  his 
corporation  as  to  enable  him  to  determine  whether  any 


act,  proceeding  or  omission  of  its  directors  is  a  viola- 
tion of   this   chapter. 

Concurrence  of  director  presumed  if  present.  §  4419. 
Every  director  of  a  corporation  or  joint  stock  associa- 
tion, who  is  present  at  a  meeting  of  the  directors  at 
which  any  act,  proceeding  or  omission  of  such  directors 
in  violation  of  this  chapter  occurs,  is  deemed  to  have 
concurred  therein,  unless  he  at  the  time  causes  or  In 
writing  requires  his  dissent  therefrom  to  be  entered  In 
the    minutes    of    the    directors. 

When  assent  presumed  if  director  absent.  §  4420.  Every 
director  of  a  corporation  or  joint  stock  association,  al- 
though not  present  at  a  meeting  of  the  directors  at 
which  any  act,  proceeding  or  omission  of  such  directors 
in  violation  of  this  chapter  occurs,  is  deemed  to  have 
concurred  therein,  if  the  facts  constituting  such  viola- 
tion appear  on  the  records  or  minutes  of  the  proceedings 
of  the  board  of  directors,  and  he  remains  a  director 
of  the  same  company  for  six  months  thereafter,  and  does 
not,  within  that  time  cause,  or  in  writing  require,  his 
dissent  from  such  illegality  to  be  entered  in  the  minutes 
of  the  directors. 

Foreign  corporation  on  same  footing  as  local.  §  4421, 
It  is  no  defense  to  a  prosecution  for  a  violation  of  any 
of  the  provisions  of  this  chapter  that  the  corporation 
was  one  created  by  the  laws  of  another  State,  govern- 
ment or  county,  if  it  was  one  carrying  on  business  or 
keeping  an  office  therefor  within  this  State. 

"Director"'  defined.  §  4422.  The  term  "director"  as  used 
in  this  chapter  embraces  any  of  the  persons  having  by 
law  the  direction  or  management  of  the  affairs  of  a 
coiporation,  by  whatever  name  such  persons  are  de- 
scribed in  its  charter  or  known  by  law. 

CHAPTER  11. 

RAILROAD  CORPORATIONS. 

Street  and  highway  crossings.  §  437.  No  railroad  shall 
use  any  road,  street,  alley  or  highway  within  any  county, 
city  or  town,  except  with  the  consent  of  the  authorities 
of  such  county,  city  or  town,  as  provided  by  law;  pro- 
vided, that  this  section  shall  not  be  construed  to  prevent 
railroads  from  crossing  at  right  angles,  or  as  nearly 
as  may  be,  any  street,  alley  or  highway  across  which 
its  located   line  may   pass. 

Franchise  forfeited  by  inaction.  §  438.  If  such  railroad 
company  shall  not,  within  three  years  after  the  filing 
of  its  articles  of  association,  begin  the  construction  of 
Its  railroad  and  expend  thereon  an  amount  equal  to  at 
least  3  per  cent  of  its  incorporated  capital,  or  if  It 
shall  tail  to  finish  the  road  and  put  the  same  into  full 
operation  within  10  years  after  the  filing  of  its  articles, 
its  corporate  franchise,  as  to  all  parts  of  its  line  not 
then    constructed,    shall    be    deemed    forfeited. 

Right  of  way  through  State  lands  granted.  §  439.  The 
right  of  way  through  the  State  lands,  not  appropriated 
to  seme  public  use  is  hereby  granted  to  any  railroad 
company  duly  organized  under  the  laws  of  any  State  or 
Territory  or  by  the  congress  of  the  United  States,  which 
shall  have  filed  with  the  secretary  of  State  a  copy  of  its 
articles  of  incorporatioh  and  due  proofs  of  its  organization 
under  the  same  to  the  extent  of  75  feet  on  each  side 
of  the  central  line  of  said  road;  also  the  right  to  take 
from  the  State  lands  adjacent  to  the  line  of  said  road, 
material,  earth,  stcne  and  timber,  necessary  for  the 
construction  of  said  railroad;  also  ground  adjacent  to 
such  right  of  way  for  station  buildings,  depots,  machine 
shops,  sidetracks,  turnouts  and  water  stations,  not  to 
exceed  in  amount  10  acres  for  each  station,  to  the 
extent  of  one  station  for  each  10  miles  of  its  road.  Any 
railroad  company  desiring  to  secure  the  benefits  of  this 
section  shall,  immediately  after  the  location  of  any 
section  of  20  miles  of  its  road,  if  the  same  be  open 
surveyed  lands,  and,  it  upon  unsurveyed  lands,  im- 
mediately after  the  official  survey  thereof,  file  with  the 
State  board  of  land  commissiopers  a  map  of  its  road, 
and,  upon  approval  thereof  by  the  secretary  of  State,  the 
same  shall  be  noted  upon  the  plats  in  said  office,  and 
thereafter  all  such  lands  over  which  such  right  of  way 
shall  pass  shall  be  disposed  of  subject  to  such  right  of 
way;    provided,    that,   if   any   section   of   said   read    shall 


1322 


National  Association  of  Railway  Commissioners 


not  be  completed  within  five  years  after  the  location  of 
said  section,  the  rights  herein  granted  shall  be  forfeited 
as  to  any  such  uncompleted  section  of  said  road. 

Railways  and  highways  through  canyons.  §  440.  Any 
railroad  company  whose  right  of  way  or  whcse  track  or 
road  bed  upon  such  right  of  way  passes  through  any 
canyon,  pass  or  defile,  shall  not  prevent  any  other  rail- 
road company  from  the  use  and  occupancy  of  the  said 
canyon,  pass  or  defile,  for  the  purjwses  of  its  road,  in 
common  with  the  road  first  located,  or  the  crossing  of 
other  railroads  at  grade,  and  the  location  of  such  right 
of  way  through  any  canyon,  pass  or  defile  shall  not 
cause  th«  disuse  of  any  wagcn  or  other  public  highway 
now  located  therein,  nor  prevent  the  location  through 
the  same  of  any  such  wagon  road  or  highway  where 
such  road  or  highway  may  be  necessary  for  the  public 
accommodation  and  where  any  change  in  the  location 
of  such  wagcn  road  is  necessary  to  permit  the  passage 
of  such  railroad  through  any  canyon,  pass  or  defile 
said  railroad  company  shall,  before  entering  upon  the 
ground  occupied  by  such  wagon  road,  cause  the  same 
to  be  reconstructed  at  its  own  expense  in  the  most 
favorable  location,  and  in  as  perfect  a  manner  as  the 
original  road;  provided,  that  such  expenses  shall  be 
equitably  divided  between  any  number  of  railroad  com- 
panies occupying  and  using  the  same  canyon,  pass  or 
defile. 

To  transport  all  freight  and  passengers  offered.  ^  449. 
Every  railroad  company  shall  furnish  sufficient  accommo- 
dations for  the  transportation  of  all  passengers  and  prop- 
erty as  shall,  within  a  reasonable  time  previous  to  the 
departure  of  any  train,  offer  or  to  be  offered  for  trans- 
portation at  any  station,  siding  or  stopping  place  estab- 
lished for  receiving  and  discharging  passengers  and 
freight,  and  at  any  railroad  junction,  and  shall  take, 
transport  and  discharge  such  passengers  and  property 
at,  from  and  to  such  places,  on  the  due  payment  of  tolls, 
freight  or  .  fare  therefor;  and,  if  the  company  or  its 
agents  shall  refuse  to  take  and  transport  any  passenger 
or  property,  or  to  deliver  the  same  at  the  regular  ap- 
pointed places,  It  shall  be  liable  to  the  party  aggrieved 
for    all    accruing   damages,    including    costs    of    suit. 

Discriminations  forbidden.  §  455.  No  railroad  company 
or  other  common  carrier  engaged  in  transportation  of 
passengers  or  property  shall  charge,  demand  or  receive 
from  any  person,  company  or  corporation  for  the  trans- 
portation of  passengers  or  property  a  greater  sum  than 
it  shall  charge  or  receive  from  any  other  person,  com- 
pany or  corporation  for  like  service,  from  the  same  place, 
under  like  conditions,  under  similar  circumstances  and 
for  the  same  period  of  time.  For  every  transgression 
of  the  provisions  of  this  section  such  common  carrier 
shall  be  liable  to  the  party  suffering  thereby  double 
thf    entire  amount  so   charged   to   such  party. 

What  not  deemed  discriminations.  §  456.  Nothing  in 
this  chapter  shall  be  construed  to  prohibit  the  carriage 
or  handling  of  property  free  or  at  reduced  rates  for  the 
United  States,  State  or  municipal  governments,  or  to  or 
from  fairs  and  exposition  for  exhibition  thereat,  or  the 
free  carriage  of  destitute  and  homeless  persons  trans- 
ported by  charitable  societies  and  the  necessary  agents 
employed  in  such  transportation,  or  the  issuance  of 
mileage,  excursion  or  commutation  passenger  tickets 
nor  to  prohibit  any  common  carrier  from  giving  reduced 
passenger  rates  to  ministers  of  religion  solely  engaged 
in  ministerial  duties,  or  to  the  United  States,  State  or 
municipal  governments,  nor  to  prohibit  railroads  from 
giving  free  carriage  to  their  own  officers  and  employes, 
or  to  prevent  the  principal  officers  of  any  railroad  com- 
pany or  companies  from  exchanging  passes  or  tickets 
with  other  railroad  companies  for  their  oflicers  and 
employes,  nor  to  prohibit  railroad  companies  from  giving 
reduced  rates  of  transportation  to  other  railroad  com- 
panies for  railroad  construction  material,  equipment  or 
supplies. 

Railroad  companies  to  fence  tracks.  §  456x.  Every  rail- 
road company  operating  a  railroad  by  steam  power 
within  six  months  after  the  approval  of  this  section 
(March    12,    1903),    and    thereafter,    maintain    a   fence   on 


each  side  of  its  railroad  where  the  same  passes  through 
lands  owned  and  improved  by  private  owners  and  con- 
nect the  same,  at  all  public  road  crossings,  with  cattle 
guards.  Such  fence  shall  not  be  less  than  4%  feet 
in  height  and  may  be  constructed  of  barbed  or  other 
fencing  wire  and  shall  consist  of  not  less  than  five 
wires  with  good,  substantial  posts  not  more  than  1  rod 
apart,  with  a  stay  midway  between  said  posts  attached 
to  the  wires  of  said  fence  to  keep  said  wires  in  place, 
and,  whenever  such  railroad  company  shall  provide  gates 
for  private  crossings,  for  the  convenience  of  the  owners 
of  the  land  through  which  such  railroad  passes,  such 
gates  shall  be  so  constructed  that  they  may  be  easily 
operated,  and  any  such  corporation  shall  be  liable  for 
all  damages  sustained  by  the  owner  of  any  domestic 
animal  killed  or  injured  by  such  railroad  in  consequence 
of  the  failure  to  build  or  maintain  such  fence.  1901, 
p.   92;    1903,   p.   69. 

CHAPTER  45. 

Overcharge  hy  railroad  employe.  §  4392.  Every  officer, 
agent  or  employe  of  a  railroad  company  who  asks  or 
receives  a  greater  sum  than  is  allowed  by  law  for  the 
carriage  of  passengers  or  freight  is  guilty  of  a  mis- 
demeanor. 


CHAPTER  12. 

CONDITIONAL  SALE  OF  RAILRO.M)  KQrrrMEXT. 


I 


Conditional  sale  railroad  equipment — Recording  i  on- 
tKact.  §  456x2.  In  any  contract  for  sale  of  railroad  of 
street  railway  equipment  or  rolling  stock,  it  shall  be 
lawful  to  agree  that  title  to  the  property  sold  or  con- 
tracted to  be  sold,  although  possession  thereof  may  be 
delivered  immediately  or  at  any  time  or  times  sul  se- 
quently,  shall  not  vest  in  the  purchaser  until  the  purch  ise 
price  shall  be  fully  paid,  or  that  the  seller  shall  h  ve 
and  retain  a  lien  thereon  for  the  unpaid  purchase  mor  y. 
And  in  any  contract  for  the  leasing  or  hiring  of  si  ch 
property,  it  shall  be  lawful  to  stipulate  for  a  conditio  la 
sale  thereof  at  the  termination  of  such  contract,  ;  nd 
that  the  rentals  or  amounts  to  be  received  under  si  ch 
contract  may,  as  paid,  be  applied  and  treated  as  i  ii- 
chase  money,  and  that  the  title  to  the  property  si  all 
•not  vest  in  the  lessee  or  bailee  until  the  purchase  pi  ce 
shall  have  been  paid  in  full,  and  until  the  terms  of  he 
contract  shall  have  been  fully  performed,  notwithsta  id- 
ing  delivery  to  and  possession  by  such  lessee  or  bail  c; 
provided,  that  no  such  contract  shall  be  valid  as  agai  ist 
any  subsequent  judgment  creditor  or  any  subsequ  nt 
bona  fide  purchaser  for  value  and  without  notice,  unl  ss 
(1)  the  same' shall  be  evidenced  by  an  instrument  t  o- 
cuted  by  the  parties  and  duly  acknowledged  by  he 
vendee,  lessee  or  bailee,  as  the  case  may  be,  or  rt  ily 
proved  before  some  person  authorized  by  law  to  t:  ke 
acknowledgments  of  deeds,  and  in  the  same  manner  is 
deeds  are  acknowledged  or  proved:  (2)  such  instrum  mI 
shall  be  filed  for  record  in  the  office  of  the  secretary  of 
State  of  this  State;  (3)  each  locomotive  engine  or  ar 
so  sold,  leased  or  hired,  or  contracted  to  be  sold,  lea  id 
or  hired,  as  aforesaid,  shall  have  the  name  of  lie 
vendor,  leaser  or  bailor  plainly  marked  in  letters 
less  than  1  inch  in  size  on  each  side  thereof,  folic 
by  the  word  "owner"  or  "lessor"  or  "bailor"  as  the  c  i 
may  be.     (1905,  p.  3.)     Compiled  Laws,  Utah,  p.  279.  j  | 

Recorded  by  secretarii  of  State — Release — Fee.    5  45(  ] 
The  contracts  herein  authorized  shall  be  recorded  by    h^ 
secretary    of   State   in   a   book   of   records   to   be   kept    fo 
that   purpose.     And   on    payment   in   full   of   the   purchis 
money  and  the   performance  of  the  terms  and  conditions'' 
stipulated    in    any    such    contract,    a    declaration    in    wiil- 
ing  to  that  effect  shall  be  made  by  the  vendor,  lessor  or 
bailor,  or  his   or  its   assignee,  which   declaration   may   be 
made  on   the  margin  of  the   record  of  the  contract,  duly 
attested,   or   it   may   be   made   by   a   separate   instrum*  n;. 
to  be  acknowledged  by  the  vendor,  lessor  or  bailor  or  liis 
or  its  assignee  and  recorded  as  aforesaid.     And  for  s\ich 
seri'ices  the  secretary  of  State  shall  be  entitled  to  a  fee 
such    as    is    allowed    by    law    for    recording    like    insiru- 
inents.     1905,   p.  4. 


Public  Service  Laws 


1333 


Not  retroactive.  §  456x4.  This  chapter  shall  not  be  held 
to  invalidate  or  affect  in  any  way  any  contract  hereto- 
fore made  of  the  kind  referred  to  in  §  456x2,  and  any 
such  contract  heretofore  made  may,  upon  compliance 
with  the  provisions  of  this  chapter,  be  recorded  as 
herein    provided.     1905,   p.   4. 

May  sell  lines  of  railroad,  etc.  S  456x5.  Any  railroad 
corporation  formed  pursuant  to  the  laws  of  this  State. 
owning  lines  of  railroad  situated  wholly  in  a  foreign 
country,  may  sell,  convey  and  transfer  such  lines  of 
railroad,  property  and  franchises,  or  any  part  thereof,  to 
a  corporation  organized  under  the  laws  of  the  country  in 
which  any  of  such  lines  may  be  situated.     1907,   p.   34. 

TITLE  12. 

CHATTEL    MORTGAGKS. 
*      *       * 

Conditional  sales  to  railways.  §  168.  The  provisions 
of  this  title  shall  not  apply  to  contracts  made  by  any 
railway  company  owning  or  operating  a  railway  in  this 
State,  for  the  possession,  use  and  conditional  purchase 
of  rolling  stock  and  equipments  to  operate  such  railway, 
and  containing  the  condition  that  the  title  shall  not  pass' 
until  full  payment  of  the  purchase  price,  and  such  con- 
tract shall  be  valid  as  to  all  persons  without  recording 
the   same. 

LKGAL  NOTICES  BY  TELEPHONE  OR  TELEGRAPH. 
CHAPTER  21,  ACTS  OP  1907. 

MKSSAGES    TKANSMITTEU    liV    TELEPHONE    AND   TELEGRAI'II. 

Sections  amended.  §  1.  That  §§  2697,  2698  and  2700, 
Revised  Statutes  of  Utah,  1898.  be  and  the  same  are 
hereby  amended  to  read  as  follows: 

Xotiec  by  telegraph  or  telephone — Effect.  §  2697.  When- 
ever any  notice,  information  or  intelligence,  written  or 
otherwise,  is  required  to  be  given,  the  same  may  be 
given  by  telegraph  or  telephone;  provided,  that  the  dis- 
patch containing  the  same,  if  sent  by  telegraph,  be  de- 
livered in  writing  to  the  person  entitled  thereto  or  to 
his  agent  or  attorney,  and  if  sent  by  telephone,  be 
certified  to  by  an  ofBcer  or  employe  of  the  telephone 
company.  Notice  by  telegraph  or  telephone  shall  be 
deemed   actual  notice. 

All  information  or  intelligence  to  be  transmitted  by 
telegraph  or  telephone  shall  be  delivered  to  the  tele- 
graph cr  telephone  operator  in  writing  and  delivered  to 
the  person  for  whom  it  is  intended  or  his  agent  or 
attorney  in  writing  by  the  operator  at  the  receiving 
offlce. 

Conveyances,  etc..  hy  telegraph  or  telephone.  §  2698. 
Any  power  of  attorney  or  other  instrument  in  writing 
duly  proved  or  acknowledged  and  certified  so  as  to  be 
entitled  to  record  may,  together  with  the  certificate  of 
its  proof  or  acknowledgment,  be  sent  by  telegraph  or 
telephone,  and  the  telegraphic  or  telephonic  copy  or 
duplicate  thereof  shall,  prima  facie,  have  the  same  force 
and  effect,  in  all  respects,  and  may  be  admitted  to 
record  and  recorded  in  the  same  manner  and  with  like 
effect  as   the  original. 

Certified  instruments  'by  telegraph  or  telephone  as  evi- 
dence. §  2700.  Except  as  hereinbefore  otherwise  provided, 
any  instrument  in  writing,  duly  certified  under  his  hand 
and  official  seal  by  a  notary  public,  commissioner  of 
deeds  or  clerk  of  a  court  of  record  to  be  genuine  within 
the  personal  knowledge  of  such  officer,  may,  together 
with  such  certificate,  be  sent  by  telegraph  or  telephone, 
and  the  telegraphic  or  telephonic  copy  thereof  shall, 
prima  facie  only,  have  the  same  force,  effect  and  validity 
in  all  respects  whatsoever  as  the  original,  and  the  burden 
of  proof  shall  rest  with  the  party  denying  the  genuine- 
ness or  due  execution  of  the  original. 

In  effect  forthwith.  §  2,  That  this  Act  shall  take  effect 
upon  approval.     Approved  this  ninth  day  of  March,  1907. 

TRAXSPORT.VTIOX    OF    LIQUORS — 1911. 

Consignments  to  be  inscribed.  §  39.  It  shall  be  unlaw- 
ful to  consign  intoxicating  liquors  from  any  point  in  the 
State  of  Utah  to  any  other  point  therein,  except  there  be 
Inscribed  on  the  exterior  of  the  vessels  containing  said 
liquors,  and  on  the  exterior  of  the  outer  package  contain- 
ing said  vessels,  in  large,  legible  letters  the  nature  of  the 


contents  and  quantity  contained  therein,  and  it  shall  be 
unlawful  to  consign  from  any  point  in  the  State  of  Utah 
to  any  other  point  therein  any  intoxicating  liquors  to  a 
fictitious  person  or  consignee.  [Laws  of  Utah,  1911,  p. 
165.] 

Common  carriers.  Id.  §  40.  It  shall  be  unlawful  for 
any  common  carrier  to  knowingly  receive  for  transporta- 
tion, or  with  such  knowledge  to  transport,  from  any  point 
in  the  State  of  Utah  to  any  other  point  therein,  any  intoxi- 
cating liquors  except  the  vessels  containing  such  intoxi- 
cants, and  the  outer  packages  containing  said  vessels  shall 
have  inscribed  on  the  exterior  thereof  in  plain,  legible 
letters,  the  nature  of  contents  and  quantity  contained 
therein,  and  it  shall  be  unlawful  for  any  common  carrier 
to  knowingly  receive  for  transportation  between  points 
within  the  State  of  Utah  any  intoxicating  liquors  consigned 
to  a  fictitious  person  or  consignee,  or  to  deliver  any  intoxi- 
cating liquors,  transported  as  aforesaid,  to  any  person 
except  the  actual  bona  fide  consignee  thereof. 

POWERS    OF    CITY    COUNCILS — 1911. 

General  powers.  §  206.  The  city  council  shall  have 
the  powers  in  the  following  sections  enumerated.    *     *     • 

Railroad  tracks.  §  206x32.  To  permit,  regulate,  or  pro- 
hibit the  locating,  constructing,  or  laying  the  trarcks  of 
any  railroad  or  tramway  in  any  street,  alley,  or  public 
place;  and  to  grant  franchises  to  railroad  companies,  and 
to  union  railroad  depot  companies,  to  lay,  maintain,  and 
operate  in  any  street  or  part  or  parts  of  streets  of  said 
cities,  or  other  public  places  therein,  railroad  tracks,  and 
union  railroad  depot  connecting  and  terminal  tracks,  but 
such  permission  shall  not  be  for  a  longer  time  than  100 
years. 

Railroad  crossings.  §  206x33.  To  provide  for  or  change 
the  location,  grade,  or  crossing  of  any  railroad;  and  to 
declare  a  nuisance  and  to  take  up  and  remove,  or  to 
cause  to  be  taken  up  and  removed,  the  tracks  of  anj 
street  railway  company  which  shall  have  been  laid  upon 
the  street  or  highways  of  the  city  and  which  such  railway 
company  has  failed  to  operate  with  cars  for  public  use  for 
a  period  of  nine  months  after  the  laying  thereof. 

Railroad  fences.  §  206x34.  To  require  railroad  com- 
panies to  fence  their  respective  railroads  or  any  portion 
of  the  same,  and  to  construct  cattle  guards,  crossings  of 
streets  and  public  roads,  and  keep  the  same  in  repair 
within  the  limits  of  the  corporation. 

Flagmen  at  crossings — Drainage.  §  206x35.  To  require 
railroad  companies  to  keep  flagmen  at  railroad  crossings 
of  streets,  or  otherwise  to  provide  protection  against  injury 
to  persons  or  property;  to  compel  such  companies  to  raise 
or  lower  their  railroad  tracks  to  conform  to  any  grade 
which  at  any  time  may  be  established  by  such  city,  so 
that  such  tracks  may  be  crossed  at  any  place  on  any  street, 
alley,  or  highway;  to  compel  railway  companies  to  make 
and  keep  open,  and  to  keep  in  repair,  ditches,  drains, 
sewers,  and  culverts  along  and  under  their  railroad  tracks 
so  that  the  natural  or  artificial  drainage  of  adjacent 
property  shall  not  be  impaired. 

DENVER  &  SALT  LAKE   SHORT  LINE. 
Chapter  89,  Acts  of  1911. 

Be  it  enacted  by  the  legislature  of  the  State  of  Utah: 

S  1.  Whereas,  the  construction  between  Denver,  Colo- 
rado, and  Salt  Lake  City,  Utah,  of  the  Denver  &  Salt  Lake 
^hort  Line  Railroad  and  Main  Range  Tunnel  is  contem- 
plated; 

And  Whereas  the  legislature  of  the  State  of  Colorado  is 
taking  steps  for  the  appointment  of  a  commission  to  in- 
vestigate the  feasibility  of  the  proposed  plans  for  the  con- 
struction of  said  railroad  and  tunnel 

And  W^hereas  the  construction  of  said  Railroad  and  Tun- 
nel would  be  for  the  great  benefit  of  the  State  of  Utah; 

Now  THEREFORE,  there  is  hereby  created  a  special  com- 
mission to  be  known  as  the  Denver  &  Salt  Lake  Short  Line 
Railroad  Commission  to  consist  of  the  governor,  the  presi- 
dent of  the  senate  and  the  speaker  of  the  house  of  repre- 
sentatives. Said  commission  is  authorized  to  investigate 
the  feasibility  of  the  proposed  Denver  &  Salt  Lake  Short 
Line  Railroad  and  Main  Range  Tunnel  and  to  report  its 
findings  to  the  tenth  legislative  session  of  the  legislature 
of  the  State  of  Utah;  and  there  is  hereby  appropriated,  out 
of  any  moneys  in  the  State  treasury  not  otherwise  approprl- 


1324 


National  Association  of  Railway  Commissioners 


ated,  the  sum  of  |l,0O0,  or  so  much  thereof  as  may  be 
necessary  for  the  necessary  expenses  of  the  members  of 
said  commission. 

§2.    This  Act  shall  take  effect  upon  approval. 

Approved  March  18,  1911. 

REGISTRATIONS   OF  FOREIGN   CORPORATIONS 1911. 

An  Act  to  amend  §  351,  Compiled  Laws  of  Utah,  1907,  re- 
lating to  foreign  corporations. 
Be  it  enacted  by  the  legislature  of  the  State  of  Utah: 

§  1.  That  §  351,  Complied  Laws  of  Utah,  1907,  be  and 
the  same  is  hereby  amended  to  read  as  follows: 

Must  File  Articles,  etc.  §  351.  All  corporations  not 
organized  under  the  laws  of  this  State,  before  doing  busi- 
ness within  the  State,  shall  file  with  the  secretary  of  State 
and  with  the  county  clerk  of  the  county  wherein  their 
principal  ofBoe  in  the  State  is  situated,  a  copy  of  their 
articles  of  agreement,  certified  by  the  secretary  of  State 
In  which  the  company  was  incorporated;  a  copy  of  Its  by- 
laws, and  in  case  of  alteration  or  amendment  of  said 
articles  of  agreement  or  by-laws,  or  certificate  of  increase 
of  capital  stock,  shall  file  certified  copies  of  such  altera- 
tions, amendments,  or  certificates  of  increase  of  capital 
stock  with  each  of  said  offlcers,  and  shall  also,  before  doing 
business  within  the  State,  by  resolution  of  their  board  of 
directors,  accept  the  provisions  of  the  constitution  of  this 
State,  and  also  designate  some  person  residing  in  the 
county  in  which  its  principal  place  of  business  in  the  State 
is  situated,  upon  (whom)  process  issued  by  authority  of  or 
under  any  law  of  the  State  may  be  served.  A  copy  of  such 
resolutions  shall  be  certified  by  the  president  and  secre- 
tary, under  seal  of  the  company,  and  filed  in  the  ofiBce  of 
the  secretary  of  State  and  in  the  office  of  the  county  clerk 
of  the  county  in  which  its  principal  office  is  situated. 

§  2.     This  Act  shall  take  effect  upon  approval. 

Approved  March  20,  1911. 
Be  it  enacted  by  the  legislature  of  the  State  of  Utah: 

Domestic  and  foreign  corporations  defined.  §  1.  The 
term  domestic  corporations,  within  the  meaning  of  this 
Act,  shall  include  all  corporations  heretofore  organized 
under  the  laws  of  the  Territory  or  State  of  Utah,  or  which 
shall  hereafter  he  organized  under  the  laws  of  said  State; 
and  the  term  foreign  corporations  shall  include  all  corpo- 
rations organized  under  the  laws  of  any  State  or  Terri- 
tory of  the  United  States,  other  than  this  State,  or  under 
the  laws  of  any  foreign  country. 

Corporations  to  pay  annual  license  tax — Exceptions. 
§  2.  All  domestic  corporations  (except  corporations  not 
organized  for  pecuniary  profit,  and  all  religious,  charitable, 
benevolent,  and  all  corporations  organized  for  educational 
purposes,  and  all  private  water  corporations  organized  for 
culinary  purposes,  and  furnishing  water  exclusively  to  mem- 
bers of  such  corporations,  and  all  canal  and  irrigation  corpo 
rations  engaged  exclusively  in  furnishing  water  to  or  for 
lands  owned  by  the  members  thereof,  all  water  users' 
associations  organized  to  comply  with  the  rules  of  the 
United  States  Reclamation  Service,  and  all  insurance  cor- 
porations) and  all  foreign  corporations  hereafter  engaged 
In  any  business  within  this  State,  before  engaging  in,  or 
before  continuing  to  transact  business  after  the  fifteenth 
day  of  November,  1909,  shall  procure  a  certificate  from  the 
secretary  of .  State  of  this  State  authorizing  such  corpora- 
tion to  engage  in,  or  to  continue  to  transact  its  corporate 
business  within  this  State,  and  each  of  the  corporations 
aforesaid,  not  coming  within  the  exceptions  hereinbefore, 
stated,  shall  pay  to  the  secretary  of  State  a  corporation 
license  tax  as  follows:  All  corporations  with  an  author- 
ized capital  stock  of  $10,000,  or  less,  $5;  with  an  authorized 
capital  stock  of  more  than  flO.OOO,  and  not  to  exceed 
$25,000,  $10;  with  an  authorized  capital  stock  of  more  than 
$25,000,  and  not  to  exceed  $50,000,  $15;  with  an  authorized 
capital  stock  of  more  than  $50,000,  and  not  to  exceed  $75,- 
000,  $20;  with  an  authorized  capital  stock  of  more  than 
$75,000,  and  not  to  exceed  $100,000,  $25;  and  with  an 
authorized  capital  stock  of  more  than  $100,000,  and  not  to 
exceed  $150,000,  $35;  and  with  an  authorized  capital  stock 
of  more  than  $150,000,  and  not  to  exceed  $200,000,  $40; 
with  an  authorized  capital  stock  of  over  $200,000,  $40;  with 
an  authorized  capital  stock  of  over  $200,000,  $50. 

When  due— License  certificate.  S  3.  The  corporation 
license  tax  herein  provided  for  shall  be  due  and  payable 
to  the  secretary  of  State  at  his  office  on  the  fifteenth  day 


of  November  in  each  year;  and  when  paid  the  secretary 
of  State  shall  issue  to  each  corporation  paying  such  tax 
a  certificate  authorizing  it  to  transact  and  conduct  its 
business  within  this  State  for  the  period  of  one  year.  Such 
certificate  shall  contain  the  name  of  the  corporation  pay- 
ing such  tax,  the  amount  of  the  authorized  capital  stock 
of  the  corporation,  th^  amount  of  tax  paid  and  the  time 
from  which  and  to  which  the  license  tax  paid  authorizes 
the  corporation  paying  the  same  to  transact  business  within 
this  State. 

Penalty  for  neglect  or  refusal.  §  4.  Any  corporation 
required  to  pay  the  license  tax  herein  provided  which  shall 
refuse  or  neglect  to  pay  the  same  on  or  before  noon  of  the 
fifteenth  day  of  December  following  the  fifteenth  day  of 
November,  when  such  tax  is  payable,  shall  be  deemed  to 
be  in  default,  and  for  such  default  there  shall  be  added 
to  the  amount  of  tax  a  penalty  of  $10,  and  unless  such 
tax  and  penalty  shall  be  paid  on  or  before  the  first  Mon- 
day of  April  following,  the  defaulting  corporation  shall  by 
reason  of  such  default  forfeit  to  the  State  of  Utah  the 
amount  of  the  tax  and  penalty  aforesaid,  and  shall  like- 
wise forfeit  its  right  to  transact  any  business  within  this 
State,  and  the  tax  and  penalty  may  be  collected  as  herein- 
after provided. 

List  of  defaulting  companies  to  be  filed  with  the  gov- 
ernor— Proceedings  thereon.  §  5.  The  secretary  of  State,  on 
or  before  the  fifteenth  day  of  March  of  each  year,  shall  file 
with  the  governor  of  this  State  a  complete  list  of  the 
names  of  all  defaulting  corporations,  together  with  tie 
amount  of  license  tax,  penalties  and  costs  remaining  in- 
paid.  The  governor,  for  at  least  10  days  prior  to  the  flist 
Monday  in  April  following,  shall  publish  such  list  in  at 
least  two  daily  papers  of  general  circulation  within  tl  is 
State,  and  shall  append  to  such  lists  and  publish  therewith 
his  proclamation  to  the  effect  that  unless  the  license  t  ix 
owing  by  such  corporation,  together  with  the  penalty  a:  id 
all  the  costs,  shall  be  paid  to  the  secretary  of  State  on  )r 
before  noon  on  the  first  Monday  in  April  following,  su  h 
defaulting  corporation  shall  forfeit  the  amount  of  the  tix 
and  the  penalty  and  costs  to  the  State  of  Utah,  and  shi  11 
also  forfeit  its  right  to  carry  on  business  within  said  Stat ! ; 
and,  further,  that  the  charters  of  all  defaulting  domestic 
corporations  will  be  revoked  unless  payment  is  mads  is 
aforesaid.  Immediately  after  the  first  Monday  in  April  t!  le 
governor  shall  file  with  the  secretary  of  State  a  full  ai  d 
complete  list  containing  the  names  of  all  corporatio  is 
whose  right  to  do  business  has  been  annulled  and  who  ;e 
charters  have  been  revoked.  The  secretary  of  State  shi  11 
forthwith  notify  the  several  county  clerks  in  whose  offi  e 
the  articles  of  incorporation  which  have  been  forfeit  d 
are  on  file  and  shall  also  by  letter  addressed  to  its  pre  i- 
dent  or  secretary  notify  each  corporation  of  the  forfeitu  e 
of  its  charter.  In  case  of  a  reinstatement  as  provided  n 
the  next  section,  the  secretary  shall  also  immei  i- 
ately  notify  such  county  clerks  of  such  fact.  In  ca  ;e 
of  forfeiture  of  the  charter  and  of  the  right  to  transa  't 
business  thereunder,  all  the  property  and  assets  of  tie 
defaulting  domestic  corporations  shall  be  held  in  trust  by 
the  directors  of  such  corporation  as  in  case  of  Insolve  it 
corporations,  and  the  same  proceeding  may  be  had  wi  h 
respect  thereto  as  is  applicable  to  insolvent  corporatior  s. 
Any  person  interested  may  institute  such  proceedings  it 
any  time  after  a  forfeiture  has  been  declared  as  here  n 
provided,  but  in  case  the  governor  shall  reinstate  the  chi  r- 
ter  the  proceeding  shall  at  once  be  dismissed  and  i  11 
property  restored  to  the  offlcers  of  the  corporation.  In 
case  the  assets  are  distributed  they  shall  be  applied  is 
follows:  First,  to  the  payment  of  the  license  tax,  peni.l- 
ties  and  costs  due  to  the  State;  second,  to  the  creditors 
of  the  corporation;  and  third,  any  balance  remaining  sh;  U 
be  distributed  among  the  stockholders  in  accordance  wi  li 
the  amount  of  stock  held  by  each.  In  case  a  foreign  c(  r- 
poration  shall  make  default  as  herein  provided,  the  secie- 
tary  of  State  shall  issue  his  warrant  stating  the  amount  of 
the  tax,  penalty  and  costs  due  to  the  State,  and  shall  ce- 
liver  such  warrant  to  any  sheriff  of  any  county  of  this 
State,  who  may  seize  and  sell  any  property  of  a  foreinn 
corporation  as  upon  execution  and  apply  the  proceeds  to 
the  payment  of  the  tax,  penalty  and  costs  and  accruing 
costs,  and  any  balance  remaining  after  such  sale  shall  by 
the  sheriff  be  paid  to  the  secretary  of  State,  who  shall 
return  the  same  to  the  corporation  whose  property  was 
sold;  provided,  that  no  more  than  sufficient  property  to 
pay  the  tax,  penalty  and  costs  shall  be  seized  and  sold. 


Public  Service  Laws 


132i: 


Reinstatement.  §  6.  The  governor  Is  hereby  authorized 
to  reinstate  any  corporation  in  its  right  to  carry  on  busi- 
ness in  this  State,  and  in  the  exercise  of  its  corporate 
privileges  and  immunities  in  case  such  corporation,  on  or 
before  the  first  day  of  July  following  the  first  Monday  in 
April,  shall  pay  to  the  secretary  of  State  all  taxes  due, 
together  with  the  penalty,  costs  and  expenses  incurred  by 
the  State.  In  case  such  payment  is  made  and  the  gov- 
ernor reinstates  the  corporation  in  its  former  rights,  he 
shall  at  once  notify  the  secretary  of  State  of  his  action, 
and  the  secretary  shall,  upon  receiving  such  notice,  issue 
and  deliver  to  the  corporation  so  reinstated  a  certificate 
authorizing  it  to  transact  business  the  same  as  if  the  tax 
had  been  paid  when  due  as  herein  provided. 

Moneys  to  6e  deposited  with  State  treasurer  quarterly. 
§  7.  The  secretary  of  State,  at  the  close  of  each  quarter, 
shall  pay  to  the  State  treasurer  all  moneys  received  by  the 
secretary  under  this  Act,  and  the  State  treasurer  shall 
credit  the  same  to  the  general  fund  of  this  State. 

This  Act  effective,  when— Notice.  §  8.  This  Act  shall  go 
into  effect  on  the  first  day  of  October,  1909,  and  all  cor- 
porations who  shall  desire  to  exist  and  carry  on  or  con- 
tinue in  business,  or  may  desire  to  continue  in  existence 
within  this  State  after  the  fifteenth  day  of  November, 
1909,  shall  apply  for  and  obtain  authority  to  do  so  at  the 
time  and  in  the  manner  as  herein  provided,  and  in  case 
of  failure  to  do  so  the  penalties  and  forfeitures  shall  be- 
come effective  and  shall  be  enforced  against  all  default- 
ing corporations.  It  is  hereby  made  the  duty  of  the  sec- 
retary of  State,  between  the  first  and  fifteenth  day  of 
October  in  each  year,  including  the  year  1909,  to  mail  a 
written  or  printed  notice  properly  directed  to  all  cor- 
porations, which  notice  shall  state  the  amount  of  the  tax 
due  from  each  corporation,  the  time  when  payable,  and  in 
case  of  default  that  the  right  to  transact  business  and 
the  charter  will  be  revoked.  The  failure,  however,  to  mail 
any  notice  required  by  this  Act  or  the  failure  of  any  cor- 
poration to  receive  the  same,  shall  in  no  way  affect  the 
right  of  the  State  to  proceed  under  this  Act.  The  notice 
referred  to  shall  be  deemed  as  a  matter  of  information 
merely  and  not  as  an  essential  requirement  to  be  com- 
plied with  by  the  State  for  the  purpose  of  enforcing  the 
provisions  of  this  Act  or  any  of  them. 

Repeal.  §  9.  That  §§  456x6,  456x7,  456x8,  456x9  and 
456x10,  Compiled  Laws  of  Utah,  1907,  are  hereby  repealed. 
Such  repeal,  however,  to  become  effective  only  on  the 
first  of  October,  1909,  when  this  Act  shall  take  effect. 

Approved  March  22,  1909. 

DISINFECTING  RAILROAD  CARS,  ACTS  OP  1907. 

BOARD   OF   HEALTH   TO   MAKE  RULES    GOVERNING   SANITATION   AND 
DISINFECTION. 

Be  it  enacted  by  the  legislature  of  the  State  of  Utah: 

Duty  of  board  of  health.  §  1.  That  it  shall  be  the  duty 
of  the  State  board  of  health  and  it  is  hereby  authorized 
and  empowered  to  prepare  rules  and  regulations  governing 
the  proper  disinfection  and  sanitation  of  public  buildings 
and  all  railway  coaches  and  sleeping  cars  operated  in  the 
State  of  Utah. 

§  2.  It  shall  be  the  duty  of  the  State  board  of  health 
and  it  is  hereby  authorized  and  empowered  to  prescribe  a 
sanitary  code,  which  shall  contain  and  provide  rules  and 
regulations  of  a  general  nature  for  the  improvement  and 
amelioration  of  the  hygienic  and  sanitary  condition  of  said 
public  buildings,  railway  coaches  and  sleeping  cars. 

To  whom  applicable — Must  put  rules  into  effect.  §  3. 
Every  person  having  control  of  any  public  building,  rail- 
way company,  sleeping  car  company,  or  other  corporation, 
company  or  individual,  or  the  receiver  thereof,  engaged  in 
the  carrying  of  passengers  in  this  State,  shall,  at  their 
own  expense,  within  a  prescribed  time  after  receiving 
notice  from  the  State  board  of  health  of  the  promulga- 
tion of  the  rules  and  regulations  in  the  above  sections  men- 
tioned, carry  the  same  into  effect. 

Penalty.  §  4.  If  any  person  having  control  of  any  pub- 
lic building,  or  any  agent,  manager,  operator,  employe  or 
receiver  of  any  railway  company,  sleeping  car  company,  or 
any  individual  shall  fail  to  comply  with  the  provisions  of 
this  Act,  and  the  rules  and  regulations  promulgated  by  the 
State  board  of  health  under  the  provisions  thereof,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 


viction shall  be  punished  by  a  fine  of  not  less  than  |50 
nor  more  than  $200. 

Approved  this  twenty-third  day  of  March,  1907. 

TAXATION  OF  RAILROADS,  ACTS  OP  1907. 

RELATING    TO    TAXATION    AND    DEFINING    POWERS    AND    DUTIES    OF 
THE    STATE   BOARD    OF   EQUALIZATION. 

Be  it  enacted  by  the  legislature  of  the  State  of  Utah: 

Section  amended.  §  1.  That  §§  2513,  2559,  2560,  and 
2584,  Revised  Statutes  of  Utah,  1898,  as  amended  by  chap- 
ter 68,  Laws  of  Utah,  1899,  and  §  2562,  Revised  Statutes  of 
Utah,  1898,  as  amended  by  chapter  126,  Laws  of  Utah, 
1901,  be  and  the  same  are  hereby  amended  to  read  as 
follows: 

Railroads,  etc.,  operating  in  more  than  one  county — 
other  franchises.  §  2513.  All  property  and  franchises 
owned  by  railroad,  street  railroad,  car,  telegraph  and 
telephone,  electric  light,  pipe  line,  power  and  express 
companies,  opei'ating  in  more  than  one  county  in  this 
State,  must  be  assessed  by  the  State  board  of  equaliza- 
tion, as  hereinafter  provided.  Other  franchises,  if  granted 
by  the  authorities  of  a  county  or  city,  must  be  as- 
sessed in  the  county  or  city  within  which  they  are 
granted,  if  granted  by  any  other  authority,  they  must 
be  assessed  in  the  county  in  which  the  corporations, 
firms  or  persons  owning  or  holding  them  have  their 
principal  place  of  business. 

Statement  of  railroad,  etc. — Companies  operating  in 
more  than  one  county.  §  2559.  The  president,  secretary 
or  managing  agent,  or  such  other  officer  as  the  State 
board  of  equalization  may  designate  of  any  corporation, 
■  and  each  person  or  association  of  persons,  owning  or 
operating  any  railroad,  street  railroad,  car,  telegraph, 
telephone,  electric  light,  pipe  line,  power  or  express 
companies  in  more  than  one  county  in  this  State,  must, 
on  or  before  the  first  Monday  in  March  in  each  year, 
furnish  the  said  board  a  statement  signed  and  sworn 
to  by  one  of  such  officers,  or  by  the  person  or  one  of 
the  persons  forming  such  association,  showing  in  detail 
for  the  year  ending  on  the  first  Monday  in  February 
in  each  year,  all  property,  real,  personal  or  otherwise, 
owned  by  said  corporation,  person  or  association  of 
persons  in  the  State,  including  a  statement  of  mileage 
in  each  county,  as  valued  on  the  first  Monday  of  Feb- 
ruary of  the  same  year,  and  such  other  information  as 
tho  board  may  require.  Any  officer  of  a  railroad  com- 
pany, street  railway,  car,  telegraph,  telephone,  electric 
light,  pipe  line,  power  or  express  company  failing  on 
demand  to  furnish  the  statement  required  of  him,  shall 
be  subject  to  the  penalty  provided  in  subdivision  2, 
§  2521. 

Sessions  of  board — Assessments — Apportionment.  §  2560. 
The  State  board  of  equalization  must  meet  at  the  State 
capital  on  the  first  Monday  in  May  and  continue  in  open 
session  at  the  State  capital  or  at  such  other  place  in 
the  State  as  the  board  may  determine  until  the  last 
Monday  in  July,  and  later  if  the  business  of  the  board 
requires  it.  At  such  meetings  the  board  must  assess 
all  the  property  and  franchises  of  railroad,  car,  street 
railway,  telephone,  telegraph,  electric  light,  pipe  line, 
power  and  express  companies,  operating  in  more  than 
one  county  of  this  State,  but  franchises  derived  from  the 
United  States  must  not  be  assessed.  All  such  property 
must  be  assessed  in  the  name  of  the  person,  corporation 
or  association  owning,  leasing  or  using  the  same.  Before 
thft  first  Monday  of  July  the  board  must  apportion  the 
total  assessment  of  all  property  and  franchises  of  such 
companies  to  the  several  counties  through  or  into  which 
the  property  of  such  companies  extends  or  operates. 
The  telegraph,  telephone,  electric  light,  pipe  line,  power 
and  express  companies'  rights  of  way,  track  and  other 
real  property  and  franchises  of  such  companies  re- 
spectively shall  be  apportioned  to  such  counties  in  pro- 
portion to  the  value  thereof  in  each  county,  and  the 
rolling  stock  and  franchises  of  railroad  companies  shall 
be  apportioned  to  the  several  counties  in  the  proportion 
that  the  length  of  the  main  and  sidetracks  and  switches 
of  such  railroad  companies  respectively  in  each  county 
bears  to  the  total  length  of  the  main  and  sidetracks 
thereof  within  the  State.  Rolling  stock  of  standard 
and    narrow   gauge   railroad   of   said    companies   shall   be 


1326 


National  Association  of  Railway  Commissioners 


apportioned    to    their    standard    and    narrow    gauge    lines 
respectively. 

Apportionment  amonp  cities,  towns,  etc.  §  2562.  On  the 
second  Monday  in  August  the  board  of  county  commis- 
sioners of  each  county  must  talte  and  cause  to  be  en- 
tered in  the  proper  record  an  order  stating  and  declar- 
ing the  property  assessed  by  the  State  board  of  equaliza- 
tion apportioned  to  such  county,  and  the  said  board 
of  county  commissioners,  acting  as  a  board  of  equali- 
zation fcr  said  county  shall  in  like  manner  apportion 
the  assessed  valuation  of  all  the  property  and  franchises 
of  railroad,  car,  street  railway,  telegraph,  telephone, 
electric  light,  pipe  line,  power  and  express  companies, 
so  apportioned  to  said  county  by  the  State  board  of 
equalization  to  the  several  city,  town  school,  road  or 
other  lesser  taxing  districts  in  the  county  through  or 
into  which  said  property  extends,  and  the  county  auditor 
must  transmit  to  the  city  or  town  council,  or  the 
trustees  or  other  legislative  bodies  of  incorporated  cities 
or  towns  the  trustees  of  each  school  district  and  the 
legal  authorities  of  other  taxing  districts  in  which  said 
property  is  situated  a  copy  of  the  order  of  the  county 
board  of  equalization  making  said  apportionment.  All 
such  property  is  taxable  upon  said  assessment  at  the 
same  rate,  by  the  same  offlcers,  and  for  the  same  pur- 
poses as  the  proi>erty  of  individuals  within  such  city, 
town,  school,  road  or  other  taxing  district,  respectively, 
and  such  taxes,  except  the  taxes  on  car  companies  must 
be  collected  in  the  same  manner  and  by  the  same  offi- 
cers as  ether  taxes  are  collected.     The  county  board  of 


equalization,  after  making  apportionment  of  the  property 
assessed  by  the  State  board  of  equalization  to  the  sev- 
eral city,  town,  school,  road  or  other  lesser  taxing  dis- 
tricts, shall  transmit  a  copy  of  such  apportionment  re- 
lating to  car  companies  to  the  secretary  of  the  State 
board  of  equalization,  in  which  shall  be  set  for  the 
apportioned  valuation  of  each  car  company  and  the  rate 
of  tax   levy  for  all   purposes   in  each   taxing   district. 


dl 


SALE  OF  RAILROAD  IN  FOREIGN  STATE. 

1907. 

CHAPTER  34. 

RAILROAD    CORPORATIONS    OWMNO    LINES    WHOLLY    IN    A    FOBEIGIT 
COUNTRY. 

An  Act  to  authorize  any  railroad  corporation  of  this  State, 
owning  lines  wholly  in  a  foreign  country,  to  sell  and 
convey  its  lines  to  corporations  organized  under 
the  laws  of  the  country  in  which  any  such  lines  may 
be   situated.  h 

Be  it  enacted  by  the  legislature  of  the  State  of  Utah:  ifl 
May  sell  lines  of  railroaci,  etc.  S  1.  Any  railroad  corpora- 
tion formed  pursuant  to  the  laws  of  this  State,  ownirg 
lines  of  railroad  situated  wholly  in  a  foreign  country, 
may  sell,  convey  and  transfer  such  lines  of  railroad, 
property  and  franchises,  or  any  part  thereof,  to  a  cor- 
poration organized  under  the  laws  of  the  country  in 
which  any  of  such  lines  may  be  situated. 

§   2.     This  Act  shall  take   effect  upon   approval. 
Approved  this   eleventh   day  of  March,   1907. 


PUBLIC   SERVICE  LAWS   OF  VERMONT 


CONSTITUTION. 

The  constitution  of  this  State,  adopted  in  1793,  con- 
tains no  allusion  to  corporations,  except  in  the  provisions 
in  §  9  of  chapter  II,  on  "The  plan  or  frame  of  govern- 
ment," that  "The  representatives  so  chosen  *  *  * 
shall  have  power  to  *  *  *  grant  charters  of  incorpora- 
tion.    *     *     *" 

STATUTES. 
CHAPTER  196. 

PUBLIC   SERVICE  COMMISSION. 

Constitution  of  commission.  §  4591.  A  commission  of 
three  persons  consisting  of  a  chairman  and  two  asso-< 
ciates,  who  shall  be  appointed  by  the  governor  with  the 
advice  and  consent  of  the  senate,  shall  constitute  a  pub- 
lic service  commission.  The  commissioners  first  ap- 
pointed shall  hold  office  for  two,  four  and  six  years 
respectively  from  and  including  the  first  day  of  De- 
cember,  1906. 

Appointment — Term—Vacancies.  §  4592.  The  governor 
shall  biennially,  with  the  advice  and  consent  of  the  sen- 
ate*, appoint  a  person  as  a  member  ot  said  commission, 
whose  term  of  office  shall  be  six  years  from  an^  in- 
cluding the  first  day  of  December  in  the  year  in  which 
such  appointment  is  made.  The  governor  shall  bien- 
nially designate  a  member  of  said  commission  to  be  its 
chairman  and  shall  fill  ail  vacancies  occurring  therein 
between   the   biennial   session  of   the   general   assembly. 

Qualifications  of  commissioners  and  clerk — Restrictions. 
§  4593.  No  person  in  the  employ  of,  or  holding  any  official 
relation  to  a  railroad  corporation  or  management,  or 
owning  stocks,  bonds  or  other  securities  in  a  railroad 
corporation,  or  who  is,  in  any  manner,  connected  with 
the  operation  of  a  railroad  in  this  State,  shall  be  a  com- 
missioner or  the  clerk  of  said  commission;  nor  shall  any 
person  holding  the  office  of  commissioner  or  clerk 
of  said  commission,  personally  or  in  connection 
with  a  partner  or  agent,  render  any  professional 
service  for  or  against,  or  make  or  perform  any 
business  contract  with  any  person  or  corporation 
operating  a  railroad  within  this  State,  relating  to  the 
business  of  such  railroad,  except  contracts  made  with 
them  as  common  carriers;  nor  shall  such  person,  di- 
rectly or  indirectly,  receive  from  any  such  corporation 
any  commission,  present  or  reward,  except  passes  for 
personal  transportation  over  such  a  railroad  when  in  the 
performance   of  official  duties. 


Appointment  of  clerk — Oath  of  commissioners  and  clei  fc 
— Record.  §  4594.  Said  commission  shall  appoint  a  cler  c. 
who  shall  serve  during  its  pleasure.  Said  conimissionei  3 
and  clerk  shall  be  sworn  to  the  faithful  discharge  of  tl  e 
duties  of  their  offices  and,  before  entering  upon  tt  e 
same,  shall  file  a  certificate  of  their  oaths  for  record  ia 
the  office  of  the  secretary  of  State. 

Pouters  and  duties  of  clerk — Bond.  §  4595.  Said  clei  k 
shall  have  all  the  powers  and  discharge  all  the  duti(  s 
incident  to  a  clerk  ot  a  court  of  record.  He  shall  have  tl  e 
custody  of  the  seal  of  the  commission,  have  general  charf  e 
of  the  office,  keep  a  full  record  of  the  iiroceedings  of  tl  e 
commission,  file  and  preserve  at  the  office  ot  said  commi  > 
sion  all  documents  and  papers  entrusted  to  his  car : 
prepare  such  papers  and  notices  as  may  be  required  ( if 
him  by  said  commission,  and  perform  such  other  dutii  s 
as  said  commission  may  prescribe,  and  shall  have  powe:', 
under  the  direction  of  said  commission,  to  issue  su  )- 
poenas  for  witnesses  and  to  administer  oaths  in  a  11 
cases  before  said  commission  or  pertaining  to  the  dutii  s 
of  his  office.  Said  clerk  shall,  before  entering  upon  tl  e 
duties  of  his  office,  become  bound  to  the  State,  wit  h 
sufficient  sureties  by  way  of  recognizance,  before  tl  e 
chairman  of  said  commission,  in  the  sum  of  $1,0€  1, 
conditioned  for  the  faithful  discharge  ot  his  offlei  il 
duties.  The  bond  of  said  clerk  shall  be  sent  to  tl  e 
State  treasurer,  who  shall  keep  the  same.  Said  clei  k 
shall,  on  the  first  of  every  third  month,  apply  to  tl  e 
auditor  of  accounts  for  money  to  pay  witnesses,  and  sa  d 
auditor  shall  draw  orders  for  such  amount.  Said  clei  k ' 
shall  pay  the  debentures  of  witnesses  in  all  causes  be- 
fore said  commission  in  behalf  of,  or  for  the  convenience 
or  safety  of  the  public,  and  in  the  investigation  of  acri- 
dents.  Said  clerks  shall  have  his  office  in  the  Staq 
house. 

No.  155. 

Ax  Act  in  amendment  of  §  4596  of  the  Public  Statutes  relat- 
ing to  hearings  held  by  the  public  service  commission.] 
It  is  hereby  enacted  by  the  general  assembly  of  the  State] 
of  Vermont: 

§1.     Section    4596    of    the    Public    Statutes    is    hereby  J 
amended  so  as  to  read  as  follows,  viz.: 

Quorum.     §  4596.     Two  of  the  said  commissioners  shiilli 
constitute  a   quorum   for  the   transaction  of  any  business  ' 
or  duties  of  said   commission,  and   meetings  of  the   com- 
mission   may    be   held    at    any    time    or   place    within   the 


Public  Service  Laws 


1327 


state  upon  call  of  any  member  of  the  said  commission, 
and  after  a  reasonable  notice  by  mail  or  telegraph  to  the 
other  members,  and  shall  be  held  at  such  times  and 
places  as  in  the  judgment  of  the  said  commission  will 
best  serve  the  convenience  of  all  parties  in  Interest. 
All  original  processes  or  notices  issued  by  said  commis- 
sion shall  state  the  time  and  place  of  return. 

One  commissioner  may  inquire  into  and  examine  any 
matter  within  the  jurisdiction  of  said  commission  to 
inquire  into;  and  may,  with  the  consent  in  writing  of 
the  persons  interested,  filed  with  said  commissioner,  hold 
any  hearing  in  any  matter  within  the  jurisdiction  of  said 
commission  to  hear,  except  hearings  on  rates,  tariffs, 
tolls,  land  damages,  grade  crossing  eliminations,  {jie 
location  of  depots  or  stations,  also  except  hearings  as  to 
the  sufficiency  and  reasonableness  of  the  facilities  and 
accommodations  furnished  by  railroad  corporations,  and 
forthwith  report  his  findings  of  fact  in  writing  to  each 
of  the  other  commissioners,  but  judgment  on  said  com- 
missioner's findings  shall  only  be  rendered  by  a  majority 
of   said   commission. 

§  2.     This   Act    shall   take   effect  from   its   passage. 
Approved   January    20,    1911. 

Commission  to  be  court  of  record — Seal.  §4597.  Said 
commission  shall  have  the  powers  of  a  court  of  record, 
both  at  law  and  in  equity,  in  the  determination  and 
adjudication  of  ail  matters  over  which  it  is  given  juris- 
diction. It  may  render  judgments,  make  orders  and  de- 
crees, and  enforce  the  same  by  any  suitable  process 
iasuable  by  courts  of  law  and  equity  in  this  State.  It 
shall  have  an  official  seal  on  which  shall  be  the  words. 
"State  of  Vermont.  Public  Service  Commission.  Official 
Seal." 

Pleadings— Findings  of  facts,  i  4.598.  The  forms,  plead- 
ings, procedure  and  rules  of  practice  before  said  commission 
shall  be  prescribed  by  said  commission  and  printed  for 
general  use.  Said  commission  shall  hear  all  matters 
and  state  its  rulings  when  excepted  to  and  its  findings 
of  facts,  which  shall  have  the  force  and  effect  of  the 
reports  of  special  masters  in  courts  of  equity,  whenever 
the  cause  is  taken  by  an  ai)peal  to  the  Supreme  Court. 

Appeals.  S  4599.  Any  party  to  a  cause  who  feels  himself 
aggrieved  by  the  final  order,  judgment  or  decree  of  said 
commission  shall  have  the  right  to  take  the  cause  to 
the  Supreme  Court  by  appeal,  for  the  correction  of  any 
errors  excepted  to  in  its  proceedings,  or  in  the  form 
or  substance  of  its  orders,  judgments  and  decrees,  on 
the  facts  found  and  reported  by  said  commission. 

Same — Entry — Powers  of  Supreme  Court.  §  4600.  Ap- 
peals from  said  commission  shall  be  taken  and  the  cause 
entered  in  the  Supreme  Court  in  the  county  where  the 
cause  arises,  in  the  manner  and  under  the  law  and  rules 
of  procedure  which  govern  such  appeals  from  the  court 
of  chancery.  The  Supreme  Court  shall  have  the  same 
power  therein  as  it  has  over  appeals  from  such  court.  It 
may  reverse  or  affirm  the  judgments,  orders  or  decrees 
of  said  commission,  and  may  remand  a  cause  to  said 
commission  with  such  mandates  as  law  or  equity  shall 
require ;  and  said  commission  shall  enter  judgment, 
order  or  decree  in  accordance  with  such  mandates. 
Such  appeal  shall  not  vacate  any  judgment,  order  or  de- 
cree of  said  commission,  but  the  Supreme  Court  or, 
when  not  in  session,  a  judge  thereof,  may  suspend  exe- 
cution of  the  same  as  justice  and  equity  require,  unless 
otherwise  specifically  provided  by  law. 

Costs.  §  4601.  The  laws  regarding  the  security  for  and 
recovery  of  costs  in  all  cases,  except  inquiries  into  the 
cause  of  accidents  or  investigations  regarding  the  public 
safety  or  convenience,  shall  be  the  same  as  in  the 
court  of  chancery,  and  appeals  therefrom,  unless  other 
wise  specifically  provided  by  law. 

Supervision  of  railroads — Examination,  i  4602.  Said 
commission  shall  have  general  supervision  of  all  rail- 
roads within  this  State,  whether  operated  by  steam,  elec- 
tricity or  any  other  power,  and  of  the  corporations,  re- 
ceivers, trustees,  directors,  lessees  and  other  persons 
owning  or  operating  the  same,  so  far  as  may  be  necessary 
to  enable  it  to  perform  the  duties  and  exercise  the  powers 
conferred  upon  it.  It  shall,  at  least  ones  annually,  ex- 
amine the  roadbed,  bridges,  depots,  rolling  stock  and 
equipment  of  every  railroad  in  the  State,  and  shall,  by 
examinations   and   investigations,  keep  itself  informed   as 


to  the  condition,  manner  of  operation  and  safety  of  all 
railroads,  and  shall  see  that  they  comply  with  the  pro- 
visions of  their  charters  and  the  laws  of  this  State. 

Examination  of  books,  etc. — Witnesses.  S  4603.  Said 
commission  shall  have  power,  so  far  as  is  necessary  for 
the  performance  of  its  duties,  to  examine  the  books,  ac- 
counts and  papers  of  any  person  or  corporation  operating 
a  railroad  within  this  State,  to  subpoena  witnesses,  ad- 
minister oaths  to  them,  to  examine  them  on  all  matters  of 
which  said  commission  has  jurisdiction,  and  to  compel,  by 
proceedings  for  contempt,  such  witnesses  to  attend  the 
sessions  of  said  commission  and  to  answer  any  proper 
questions,  to  produce  and  exhibit  to  said  commission  the 
books,  accounts  or  papers  of  any  person  or  corporation 
operating  a  railroad  within  this  State,  or  of  any  other 
person,  when  their  examination  is  pertinent  to  the  matters 
under  consideration.  Witnesses  duly  subpoenaed  who  re- 
fuse or  neglect  to  appear,  or  who  refuse  to  testify,  shall 
be  subject  to  the  provisions  and  penalties  of  the  statute 
applicable  to  witnesses  who  neglect  or  refuse  to  obey  sub- 
poenas to  appear  and  testify  before  courts  at  law  and  in 
equity. 

Fees  of  witnesses.  §  4604.  The  fees  of  witnesses  for 
attendance  before  said  commission  shall  be  the  same  as  in 
the  county  court;  and,  in  all  causes  in  behalf  of,  or  for 
the  convenience  or  safety  of  the  public,  the  witnesses,  with 
the  expense  of  obtaining  their  attendance,  shall  be  paid  by 
the  State. 

Emploinncnt  of  assistance — Free  transportation — Inspec- 
tion. §  4605.  Said  commission  may  employ,  at  the  expense 
of  the  State,  an  engineer,  accountant,  stenographer  or  other 
expert,  if  it  deems  such  service  important  in  conducting 
any  lawful  investigation  required  to  be  made  by  it.  The 
members  of  said  commission  with  its  clerk  and  such  other 
persons  as  may  be  in  its  employ  shall  be  entitled  to  free 
transportation  upon  all  railroads  in  this  State  while  in  the 
performance  of  the  duties  of  said  commission.  The  mem- 
bers of  said  commission  and  the  clerk  may  enter,  during 
business  hours,  the  offices,  depots,  cars  and  upon  the 
railroads  of  any  person  or  corporation  operating  a  railroad 
within  this  State,  so  far  as  may  be  necessary  in  the  dis- 
charge of  their  duties. 

Information  bi/  railroads.  S  4606.  A  person  or  corpora- 
tion owning  or  operating  a  railroad  in  this  State  shall,  at 
all  times,  on  request,  furnish  said  commission  all  informa- 
tion required  by  it  concerning  the  condition,  operation  and 
management  of  such  railroad,  and  the  condition  of  its 
roadbed,  bridges  and  equipment.  Said  commission  shall 
not,  unless  required  by  law,  give  publicity  to  such  in- 
formation as  may  be  obtained  by  it  under  the  provisions 
of  this  chapter,  except  so  far  as  it  may  be  necessary  in 
reports  to  the  general  assembly,  or  in  judicial  proceedings. 
Refusal  to  show  books,  etc. — False  oath — Penalties. 
§  4607.  A  person  or  corporation  operating  a  railroad  in  the 
State  that  refuses  said  commission  access  to  the  books, 
accounts  or  papers  of  such  railroad,  so  far  as  may  be 
necessary  under  the  provisions  of  this  chapter,  or  fails 
or  refuses  to  furnish  any  returns,  reports  or  information 
lawfully  required  by  said  commission,  or  wilfully  hinders, 
delays  or  obstructs  said  commission  in  the  discharge  of 
the  duties  imposed  upon  it,  or  fails,  within  a  reasonable 
time,  to  obey  a  final  order  or  decree  of  said  commission, 
shall  be  fined  not  more  than  $5,000  nor  less  than  $500,  with 
costs.  A  person  who  knowingly,  under  oath,  makes  a  false 
return  or  statement,  or  who  knowingly,  under  oath,  when 
required  by  law,  gives  false  information  to  said  commis- 
sion, or  who  knowingly  testifies  fals«ly  in  any  material 
matter  before  said  commission,  shall  be  deemed  to  have 
committed  perjury  and  shall  be  punished  accordingly. 

.Report  of  accidents.  S  460S.  The  general  superintendent 
or  manager  of  a  railroad  doing  business  in  this  State  shall 
inform  said  commission  in  writing  of  every  accident  upon 
his  road,  resulting  in  loss  of  life  or  injury  to  any  person, 
and  of  every  collision  and  derailment  of  trains  on  the 
same,  immediately  after  its  occurrence.  If  such  accident 
results  in  loss  of  life  or  serious  injury  to  the  person  of  a 
passenger,  such  information  shall  be  given  by  telegraph. 

Investigation  of  accidents — Hearing — Determination  of 
board.  §  4609.  Said  commission  shall  inquire  into  thcl 
cause  of  every  accident  on  a  railroad  resulting  in  loss  of 
life,  and,  in  its  judgment,  into  any  accident,  collision  or 


1328 


National  Association  of  Railway  Commissioners 


derailment  of  trains  not  so  resulting.  If,  in  its  judgment, 
a  public  investigation  in  necessary  in  the  interests  of  pub- 
lic safety,  it  shall  fix  a  time  and  place  of  holding  the  same 
and  shall  summon  the  person  or  corporation  operating  such 
railroad,  the  parties  known  to  have  been  injured  in  the  acci- 
dent, and,  if  known,  a  representative  or  friend  of  a  person 
killed  thereby,  to  appear  and  give  evidence  regarding  the 
«ause  of  such  accident.  Said  commission  shall  also  notify 
the  State's  attorney  of  the  county  in  which  the  accident 
■occurred,  who  shall  investigate  the  cause  of  such  accident, 
produce  witnesses  who  can  give  evidence  in  regard  to  the 
^ame,  and  attend  and  represent  the  State  at  such  hearing. 
-All  parties  summoned,  and  other  persons  interested,  may 
-appear  and  be  made  parties  thereto,  may  produce  witnesses 
•or  other  evidence,  and  be  represented  by  counsel.  The 
person  or  corporation  operating  the  railroad  shall  produce, 
•on  notice  from  said  commission,  all  trainmen  and  other 
^employes  who  can  give  pertinent  evidence  in  regard  to  the 
t:ause  of  the  accident,  free  of  expense  to  the  State.  Said 
commission  shall  make  public  its  determination  in  regard 
to  the  accident  so  investigated,  and  cause  a  permanent 
record  thereof  to  be  made. 

Unlawful  acts  of  corporations — Petitions  to  commission 
— Hearing.  §  4610.  A  person  or  corporation  that  claims  to 
be  injured  by  the  unlawful  action  or  neglect  of  those  in 
the  operation  or  management  of  a  railroad  in  this  State  in 
a  matter  over  which  said  commission  is  given  jurisdiction, 
may  commence  proceedings  thereon  by  petition  to  said 
commission,  therein  setting  forth  briefly  his  cause  of  com- 
plaint; or  the  State's  attorney  of  the  county  in  which  the 
matter  arises,  or  any  10  freeholders  of  such  county,  may, 
by  such  complaint,  bring  before  said  commission  any  such 
matter  wherein  and  whereby  they  claim  the  public  safety 
Is  endangered  or  the  charter  or  the  statute  law  regulating 
railroads  is  being  violated.  Said  commission,  when  it  has 
information  that  those  operating  any  railroad  in  this  State 
are  doing  so  in  violation  of  its  charter  or  of  the  statute 
law,  shall  call  the  same  to  the  attention  of  the  attorney- 
general,  or  the  State's  attorney  of  the  county  where  the 
matter  arises.  The  attorney-general  or  the  State's  attorney 
shall  inquire  into  the  same;  and,  if  in  his  judgment  the 
matter  should  be  investigated,  he  shall  bring  the  same  be- 
fore said  commission  by  proper  complaint.  On  receipt  of 
such  complaint,  said  commission  shall  summon  the  person 
or  persons  complained  of  to  appear  before  it  and  to  make 
answer  thereto.  If  issue  is  taken  to  the  facts  set  out  in 
the  complaint,  said  commission  shall  appoint  a  time  and 
place  for  hearing  the  same  in  the  county  where  the  matter 
arises,  and  shall  then  and  there  hear  and  determine  the 
matter  complained  of. 

Summons — Jurisdiction  of  commission.  §  4611.  All 
summons  issued  by  said  commission  for  any  party  to  appear 
and  answer  an  original  petition  or  complaint  pending  be- 
fore said  commission,  shall  be  served  as  writs  of  summons 
and  at  least  twelve  days  before  the  return  day  thereof. 
Said  commission  shall  have  jurisdiction  on  due  notice  to 
hear,  determine,  render  judgment,  and  make  orders  and 
decrees  in  all  matters  provided  for  in  the  charter  of  any 
railroad  corporation,  or  in  the  statutes  of  this  State  relating 
to  railroads,  and  shall  have  like  jurisdiction  in  all  matters 
respecting: 

1.  The  crossing  of  one  railroad  bv  another. 

2.  All  highway  grade  crossings  and  signs,  signals,  gates 
or  flagmen  at  the  same. 

3.  The  location,  sufficiency  and  maintenance  of  proper 
depots  or  stations. 

4.  The  construction  and  maintenance  of  proper  fences, 
cattle  guards  and  farm  crossings. 

5.  The  maintenance  of  the  tracks,  frogs,  switches, 
gates,  signals,  culverts,  bridges  and  other  structures  of 
wood  or  iron  over  openings,  and  rolling  stock  and  equip- 
ment so  as  to  accommodate  the  public  and  be  operated 
with  safety  and  in  compliance  with  law. 

6.  The  connections,  time  and  times  of  connection  be- 
tween connecting  roads  for  the  accommodation  of  the  trav- 
eling public  and  the  transportation  of  merchandise. 

7.  The  issue  of  stock,  mortgage  bonds  or  the  issue  of 
other  securities  in  order  to  prevent  over  capitalization. 

8.  Tolls  and  rates  when  unreasonable  or  in  violation 
of  law. 

9.  The  manner  of  operating  railroads  and  conducting 
the  business  thereof  so  as  to  be  reasonable  and  expedient 
and  to  promote  the  security,  convenience  and  accommoda- 


tion of  the  public  and  to  prevent  violations  of  law  and 
unjust  discriminations,  usurpation  or  extortions. 

10.  The  organization  of  railroad  corporations  by  vol- 
untary association. 

Provided  that  nothing  in  this  section  shall  be  con- 
strued as  affecting  special  provisions  of  law  relating  to 
anything  herein  contained. 

Commencement  of  proceedings.  §  4612.  Proceedings 
under  the  preceding  section  may  be  commenced  by  the 
initial  act  of  said  commission,  by  petition  of  the  attorney 
general,  by  petition  of  the  State's  attorney  of  the  county, 
by  petition  of  10  or  more  freeholders  of  the  State,  or  in 
such  way  as  the  law  may  otherwise  specifically  provide. 

.  Railroad  accounts  and  returns.  §  4613.  Said  commis- 
sion on  due  notice  and  hearing,  may  establish  a  uniform 
system  of  keeping  railroad  accounts,  and  making  and  pub- 
lishing returns  of  the  condition  of  railroads  so  as  to  con- 
form so  far  as  practicable  to  a  uniform  system  in  common 
with  the  other  New  England  States,  New  York  and  Can- 
ada. Railroad  corporations  shall  adopt  the  system  of  ac- 
counts and  manner  of  making  returns  established  by  said 
commission  and  conform  to  the  same  so  far  as  is  con- 
sonant with  the  method  of  business  and  connections  of 
such  railroad;  and  the  returns  shall  be  made  under  oath. 
The  system  now  in  use  may  be  followed  by  the  persor  s 
and  corporations  operating  railroads  until  said  commission 
shall  make  changes  in  the  direction  of  uniformity  £s 
aforesaid. 

Biennial  report.  §  4614.  Said  commission  shall  bie  i- 
nially  report  to  the  general  assembly,  giving  its  procee<l- 
ings  under  this  chapter,  and  include  therein  such  stats- 
ments,  facts  and  explanations  as  will  disclose  the  actual 
working  of  the  system  of  railroad  transportation  in  li  s 
bearing  upon  the  business  and  prosperity  of  the  State,  and 
such  suggestions  in  respect  thereto,  or  to  the  conditio:  i, 
affairs  or  conduct  of  any  of  such  railroads,  or  the  general 
railroad  policy  of  the  State,  or  the  amendment  of  ii  s 
laws,  or  any  new  legislation,  as  it  deems  appropriate,  also 
statements  showing  the  receipts  and  expenditures  of  each 
railroad  in  this  State  for  the  two  preceding  years,  fro:n 
what  source  such  receipts  were  derived,  and  for  what  sucti 
expenditures  were  made,  also  the  condition  of  each  roai 
and  its  equipment,  and  such  other  matters  as  said  boaij 
deems  appropriate  and  important  for  the  information  <  f 
the  general  assembly. 

Public  Service  Commission  may  authorize  running  .  / 
through  trains.  §5956.  (Chapter  258).  The  public  servii  e 
commission  may  authorize  the  running  upon  any  railroad 
of  such  through  trains  on  Sunday  as,  in  the  opinion  of  sa:d 
commission,  the  public  necessity  and  convenience  may  r  :- 
quire,  having  regard  to  the  due  observance  of  the  day. 

TITLE      28— TELEGRAPH,       TELEPHONE,      EXPRESS, 
ELECTRIC  AND  GAS  COMPANIES. 

CHAPTER  205.  J  | 

DEFINITION.  ' 

"Town" — Duties  of  certain  officers.     §  4836.     The  word 
"town,"  as  used  in  this  chapter,  shall  include  an  incorp>  I 
rated  village  or  city;   and  where  powers  are  given  to  or  , 
duties  imposed  upon  selectmen  with  reference  to  a  towi, 
the  aldermen  of  a  city  or  the  trustees  of  a  village  shall 
have  the  same  powers  and  perforin  like  duties  in  relatlc  \ 
to  their  respective  city  or  village. 

LINES    OF    W^RES    ALONG    HIGHWAYS. 

Construction — Restriction.  §  4837.  Lines  of  telegraph, 
telephone  and  electric  light  wires  may  be  constructed  ai  d 
maintained  by  a  person  or  corporation  upon  or  under  a 
highway,  in  such  manner  as  not  to  interfere  with  repai'8 
of  such  highway  or  the  public  convenience  in  traveling 
upon  or  using  the  same. 

Location  by  selectmen — Notice.  §  4838.  When  it  is  In- 
convenient or  inexpedient  to  erect  such  wires,  agreeably, 
to  the  preceding  section,  the  selectmen  of  the  town  sht.ll 
determine  upon  application  where  and  in  what  manner^ 
such  wires  shall  be  erected,  giving  notice  to  parties  In- 
terested or  their  agents,  and  shall  certify  their  decision' 
and  cause  the  same  to  be  recorded  in  the  town  clerk's 
office,  and  such  decision  shall  be  final. 

Selectmen  may  direct  and  change  manner  of  crossing 
highway.  §  4839.  The  selectmen  of  a  town  may  direct  a 
line  of  wires  to  be  placed  at  a  greater  height  or  under- 
ground where  it  crosses  a  street  or  highway,  and  if  a  line 


Public  Service  Laws 


1329 


of  wires  is  erected  or  maintained  upon,  under  or  across  a 
street  or  highway,  contrary  to  the  direction  of  the  select- 
men, or  is  not  changed  when  directed  by  them,  they  may 
remove  such  line,  and,  in  the  name  of  the  town,  recover 
the  expense  thereof  from  the  person  or  corporation  using 
the  same. 

Location  near  residence.  §  4840.  If  a  person  objects  to 
the  erection  of  a  line  of  wires  along  a  street  or  highway 
in  front  of  his  residence,  he  may  apply  to  the  selectmen 
of  the  town,  who  shall,  upon  notice  and  hearing,  as  provided 
in  the  second  preceding  section,  determine  upon  what 
streets  or  highways  the  same  shall  pass,  or  in  what  man- 
ner, if  at  all,  such  objection  may  be  obviated,  and  such  de- 
cision shall  be  final. 

Trees  not  to  be  injured — Exception — Penalty.  §  4841. 
No  tree  within  a  street  or  highway  shall  be  cut  or  in- 
jured in  constructing,  maintaining  or  reparing  a  line  of 
wires,  without  the  written  consent  of  the  adjoining  owner 
or  occupant,  unless  the  selectmen  of  the  town  in  which 
the  tree  is  situated  shall,  after  due  notice  to  the  parties 
and  upon  hearing,  decide  that  such  cutting  or  injury  is 
necessary.  A  person  or  corporation  cutting  or  injuring 
such  trees  shall  pay  the  damages,  if  any,  awarded  on  such 
hearing,  before  cutting  or  injuring  the  trees.  A  person 
or  corporation  violating  a  provision  of  this  section  shall 
be  fined  not  more  than  $50  nor  less  than  $5  for  each  tree 
so  cut  or  injured. 

POLES. 

Straight  and  painted,  etc.  §  4842.  A  person  or  corpo- 
ration owning  or  operating  a  line  of  wires  in  a  city  or  vil- 
lage shall  cause  the  poles  upon  which  the  wires  are 
strung  to  be  kept  suitably  painted,  to  the  satisfaction  of 
the  aldermen  of  such  city  or  the  trustees  of  such  village, 
if  incorporated,  and,  if  unincorporated,  to  the  satisfaction 
of  the  selectmen  of  the  town  in  which  such  village  is 
situated,  and  shall  substitute  straight  poles  in  place  of 
crooked  ones. 

Same — Penalty.  §  4843.  A  person  or  corporation  that 
neglects  or  refuses,  after  20  days'  notice  in  writing,  given 
by  a  selectman,  alderman  or  trustee,  to  paint  such  poles 
or  substitute  straight  poles  for  crooked  ones,  as  provided 
in  the  preceding  section,  shall  forfeit  $100  to  such  town, 
city  or  village,  to  be  recovered  in  an  action  on  this  statute. 

Selectmen  may  paint  and  substitute  straight  poles — Ex- 
pense. §  4844.  Said  selectmen,  aldermen  or  trustees  may 
cause  such  poles  to  be  painted,  and  may  substitute  straight 
poles  in  place  of  crooked  ones,  and  may  recover  the  ex- 
pense thereof  in  an  action  on  the  case  brought  in  the  name 
of  such  town,  city  or  village  against  the  person  or  cor- 
poration owning  or  operating  such  wires  or  line  of  wires. 

In  front  of  cemeteries.  §  4845.  The  owner  or  operator 
of  a  line  of  wires  shall  maintain  straight  and  painted  poles 
upon  which  such  wires  are  strung,  wherever  the  same  pass 
in  front  of  or  along  a  cemetery,  to  the  satisfaction  of  the 
cemetery  trustees,  or  the  selectmen  of  the  town,  alder- 
men of  the  city  or  trustees  of  the  village  in  which  such 
cemetery  is  located  if  there  are  no  trustees  of  such  ceme- 
tery; and  said  operator  or  owner  shall  substitute  straight 
poles  in  place  of  crooked  ones.  The  provisions  of  the  two 
preceding  sections  shall,  as  to  notice,  penalty  and  pro- 
cedure, apply  to  and  be  deemed  a  part  of  this  section. 

D.\M.\GES. 

Appraisal — Payment.  §  4846.  When,  in  the  erection  of 
a  line  of  wires,  the  owner  or  occupant  of  lands  or  tene- 
ments sustains  or  is  likely  to  sustain  damages  thereby, 
the  selectmen  of  the  town  shall,  upon  notice  to  parties 
interested,  appraise  such  damages;  and  the  same  shall  be 
paid  before  the  line  is  erected,  unless  petition  is  made  to 
the  County  Court  on  the  question  of  damages  as  herein- 
after provided. 

Appeal  from  appraisal — Proceedings.  §  4847.  If  either 
party  is  dissatisfied  with  such  appraisal  of  damages,  he 
may  apply  to  the  County  Court  by  petition  in  the  same 
manner  as  is  provided  for  a  person  dissatisfied  with  the 
compensation  for  damages  for  the  laying  out  or  altering 
of  a  highway,  and  thereupon  similar  proceedings  shall  be 
had.  The  line  shall  not  be  erected  until  such  cause  is 
finally  decided,  unless  the  party  erecting  the  same  flies 
with  the  clerk  of  the  court  to  which  such  application  is 
made,  before  the  line  is  erected,  a  bond  to  the  other  party, 
with  sureties  approved  by  such  clerk,  conditioned  for  the 
payment  of  such  damages  and  costs  as  may  finally  be 
awarded.  « 


I.IXES    ALONG   RAILROAD    TRACKS. 

Erection — Compensation.  §  4848.  A  domestic  telegraph, 
telephone  or  electric  light  company  may  erect  and  main- 
tain its  line  along  the  sides  of  railroad  tracks  within  the 
limits  of  lands  owned  or  held  by  a  railroad  corporation  on 
paying  to  it  reasonable  compensation  therefor.  If  they 
cannot  agree  upon  such  compensation,  it  shall  he  deter- 
mined by  commissioners  residing  in  the  vicinity  of  the 
railroad,  who  shall  be  appointed  and  ascertain  such  com- 
pensation agreeably  to  the  provisions  of  law  in  case  of  land 
taken  for  railroads. 

Line  to  remain  property  of  company.  §  4849.  Such  line 
shall  remain  the  property  of  such  telegraph,  telephone 
or  electric  light  company,  and  shall  not  pass  by  sale, 
transfer  or  mortgage  made  by  the  railroad  corporation,  of 
the  lands  upon  which  the  line  is  erected;  nor  shall  the  line 
be  liable  to  attachment  or  levy  of  execution  against  such 
railroad   corporation. 

*  ERECTING  NEW  LINES. 

Neiv  lines  may  be  placed  on  old  poles.  §  4850.  When- 
ever a  person  or  corporation  is  about  to  erect  a  line  of 
telegraph  or  telephone  wires,  in  and  along  a  highway 
within  a  town,  in  and  along  which  a  line  of  poles  has 
already  been  erected  by  another  person  or  corporation  for 
a  similar  purpose,  the  selectmen  of  such  town  shall  have 
the  right  to  permit  and  may  require  the  new  line  to  be 
attached  to  the  poles  already  standing,  as  provided  in  the 
following   section. 

Same — Expense — Repairs.  §  4851.  Said  selectmen  shall 
ascertain,  as  near  as  may  be,  the  original  cost  of  erecting 
such  line  of  poles,  and  shall  direct  such  person  or  cor- 
poration as  they  may  require  to  use  such  poles,  to  pay 
the  owners  of  the  line  already  erected  a  fair  proportion  of 
such  expense,  not  to  exceed  one-half  the  estimated  original 
cost  of  construction;  and  in  no  case  shall  the  poles  be  used 
until  the  owners  of  the  new  line  tender  to  the  original 
owners  of  such  line  of  poles  the  amount  so  directed  by  said 
selectmen.  If  it  is  necessary  to  repair  or  renew  the  poles 
used  by  two  or  more  persons  or  corporations,  the  expense 
thereof  shall  be  borne  equally  by  the  parties  using  the 
same. 

Selectmen  to  give  notice  and  lodge  copy.  §  4852.  The 
selectmen  shall  give  written  notice  to  the  proprietors  of 
both  the  old  and  new  lines  of  all  their  requirements  in  the 
premises,  and  shall  also  lodge  a  copy  of  the  notice  in  the 
town  clerk's  office,  and   their  decision   shall  be  final. 

Restriction  of  oioners'  right  to  move  poles — Action. 
§  4853.  The  proprietors  of  a  line  of  poles  so  required  to  be 
used  by  another  person  or  corporation  shall  not  take  down 
or  alter  the  position  of  such  poles  without  obtaining  per- 
mission of  all  parties  who  may  have  acquired  a  right  to 
use  the  same,  or  the  permission  of  the  town  officers  afore- 
said; and  a  person  or  corporation  injured  by  a  violation 
of  this  section  may  recover  the  amount  of  the  injury  in 
an  action  on  the  case. 

No  prescriptive  rights.  §  4854.  No  enjoyment  for  any 
length  of  time  of  the  privilege  of  maintaining  a  line  of 
telegraph,  telephone  or  electric  light  poles,  wires  or  other 
apparatus,  upon  or  over  the  buildings  or  lands  of  other  per- 
sons shall  give  a  right  to  the  continued  enjoyment  of 
such  easement  or  raise  a  presumption  of  a  grant  thereof. 

TOWN    AND    PRIVATE    LINES. 

TOivn  lines.  §  4855.  Town  may  construct  for  their  own 
use  telegraph,  telephone  and  electric  light  lines  upon  and 
along  the  highways  and  public  roads  within  their  limits, 
subject  to  the  provisions  of  this  chapter  so  far  as  the 
same  are  applicable. 

Private  lines.  §  4856.  Selectmen  may  authorize  per- 
sons, upon  such  terms  as  they  prescribe  and  subject  to 
the  provisions  of  this  chapter  so  far  as  applicable,  to  con- 
struct for  private  use  such  lines  along  the  highways  of 
the  town. 

Same — Selectmen's  control — Toivn's  rights.  §  4857.  Af- 
ter the  erection  of  such  line,  the  posts  and  structures 
thereof  within  the  highways  shall  be  subject  to  the  regula- 
tion and  control  of  the  selectmen,  who  may  at  any  time 
require  alterations  in  the  location  or  erection  of  such 
poles  and  structures  and  may  order  the  removal  thereof, 
having  first  given  the  parties  notice  and  an  opportunity  to 
be  heard.    The  town  may  attach  wires  for  its  own  use  to 


1330 


National  Association  of  Railway  Commissioners 


such  posts  and  structures  under  such  terms  and  conditions 
as  they  deem  just. 

OOUKT    3IA\'   PERMIT    LINE   TO  BE   ATTACHED   TO    STANDING   POLES. 

Petition— Proceedings.  §  4858.  Persons  desiring  to 
attach  a  telephone  line  to  poles  of  a  telegraph  company 
may  petition  the  County  Court  ot  the  county  in  which  such 
line  of  poles  or  part  thereof  is  situated,  for  permission  so 
to  do.  The  court  shall  appoint  three  disinterested  persons 
commissioners  to  make  examination  and  determine 
whether  the  request  ot  the  petitioner  can  be  granted  with- 
out injury  to  the  company  owning  the  poles;  and  if,  in 
their  judgment,  such  permission  ought  to  be  given,  the 
commissioners  shall  so  report  to  the  court,  and  state  what, 
in  their  opinion,  would  be  a  fair  annual  compensation  to 
be  paid  for  such  privilege.  The  court  shall  render  such 
judgment  thereon  as  it  deems  just,  or  for  cause  shown,  may 
reject  the  report  and  appoint  new  commissioners  to  re- 
examine and  report. 

Court  may  enforce  order.  §  4859.  When,  in  such  cause, 
It  is  finally  adjudged  that  the  petitioner  may  attach  his 
line  to  the  poles  of  the  telephone  company,  if  such  com- 
pany hinders  or  obstructs  such  use,  the  compensation  de- 
creed to  it  having  been  paid  or  tendered,  the  court  may 
proceed  against  it  for  contempt. 

Attachment  of  wires.  §  4860.  Telephone  wires  attached 
to  poles  of  a  telegraph  company  under  the  provision  of  the 
two  preceding  sections  shall  be  so  attached  and  maintained 
as  not  to  interfere  with  the  wires  already  thereon. 

FEES    OF    CERTAIN    OFFICERS. 

Amount — Payment.  §  4861.  When  the  selectmen  or 
other  offlcers  are  called  upon  to  act  under  the  provision 
of  this  chapter,  each  shall  receive  his  necessary  expenses 
and  $2  a  day,  to  be  paid  by  the  party  erecting  the  line  ot 
wires  or  other  appurtenances  or  apparatus. 

PENALTIES. 

Injuries  to  trees.  §  4862.  A  person  or  corporation 
maintaining  or  operating  a  line  of  wires,  that  cuts  down, 
mutilates  or  injures  the  trees  standing  upon  the  lands  of 
another,  or  a  person  or  corporation  that  affixes  or  causes 
to  be  affixed  to  the  property  of  another,  a  post,  structure, 
fixture,  wire  or  other  apparatus  for  telephonic,  telegraphic 
or  other  electrical  communication,  without  first  procuring 
the  right  to  do  so  by  application  to  and  determination  of 
the  selectmen  of  the  town,  agreeably  to  this  chapter,  or 
first  obtaining  the  consent  of  the  owner  or  lawful  agent 
of  the  owner  of  such  property,  shall  be  fined  not  more 
than  $100. 

Injuries  to  line.  §  4863.  A  person  who  wilfully  or  in- 
tentionally injures  a  wire,  post  or  other  fixture  erected  or 
maintained  in  pursuance  of  this  chapter,  or  wilfully  inter- 
feres with  the  working  of  the  same,  or  aids  or  assists  in 
such  offense,  shall  forfeit  to  the  owner  $100,  to  be  re- 
covered in  an  action  on  this  statute,  and  may  also  be 
imprisoned  in  the  State  prison  not  more  than  five  years  or 
fined  not  more  than  $500. 

TARIFF    OF    RATES. 

Names  of  members,  filing  and  record  of.  §  4864.  Every 
foreign  express  or  telegraph  company  shall  keep  on  fllo 
and  have  recorded  in  the  town  clerk's  office  in  each  town 
where  such  express  or  telegraph  company  has  a  place  of 
business,  a  statement  of  the  names  and  residences  of 
the  persons  constituting  such  express  ot  telegraph  com- 
pany. 

Printed  tariff  of  charges.  §  4865.  Every  express  com- 
pany shall  post  up  in  its  usual  place  of  business,  and  in 
the  postoffice  and  town  clerk's  office  in  the  towns  where 
it  has  a  place  of  businesc,  and  keep  exhibited  in  a  con- 
venient place,  in  conspicuous  letters,  a  printed  tariff  of 
charges  for  transportation  of  goods  and  chattels  between 
points  with  which  such  express  company  has  business  or 
connection.  Every  telegraph  company  shall,  in  like  man- 
ner, make  known  the  rates  of  charges  for  the  transmis- 
sion of  telegraphic  dispatches. 

Charges  restricted  to  tariff  rates — Excess  recoverable. 
§  4866.  A  telegraph  or  express  company  shall  be  restricted 
in  its  charges  to  the  tariff  of  rates  so  exhibited;  and 
when  a  greater  sum  than  its  printed  rates  is  paid,  the 
person  paying  the  same  may  recover  the  amount  so  paid 
above  such  rates,  with  12  per  cent  interest  thereon  for 
the   time   of   payment,   with   full    costs,   in   an   action   of 


assumpsit    declaring    for    money    had    and    received    or 
goods  sold  and  delivered,  as  the  case  may  be. 

Lien  on  goods  restricted.  §  4867.  No  express  company 
shall  have  a  lien  on  goods,  or  property  transported  by  it, 
after  the  payment  or  tender  of  the  amount  embraced  in 
the   tariff  of  rates. 

Contracts   forbidden — Exception.      §    4868.     No    exprei 
or   telegraph    company    shall    make    contracts    within    the" 
State,   or   enforce  in   the   State   contracts   made  out  of  it, 
unless  such  company  has  complied  with  the  provisions  o^h 
the   four   preceding   sections.  -!^| 

TRANSFER  OF  MESSAGES   AND  INTERCHANGE  OF   SERVICE. 

Regulation.  §  4869.  A  telegraph  or  telephone  company 
receiving  a  message  directed  to  a  person  off  from  such 
company's  line  shall,  if  such  person  resides  on  the  line 
of  another  telegraph  or  telephone  company,  transfer  such 
message  to  such  other  company's  line  to  be  by  it  trans- 
mitted to  the  place  of  destination,  if  both  companies  have 
an  office  in  the  same  city  or  village  in  this  State.  No 
extra  charge  shall  be  made  for  such  transfer  within  the 
usual  limit  of  delivering  messages  in  such  city  or  vil- 
lage, and  the  company  receiving  the  same  shall  make  no 
extra  charge  for  an  additional  date  construed  by  tbeij^| 
to  be  necessary  because  of  the  transfer.  ^Sj 

Same — Penalty.     §  4870.     A  telegraph  or  telephone  coi-     ' 
poration  that  neglects  or  refuses  to  comply  with  a  provi- 
sion   of   the    preceding    section    shall    be    fined    not   moT'^ 
than  $500  nor  less  than  $50  for  each  neglect  and  refusal. 

Telephonic  service.  §  4871.  A  person  or  corporation 
owning,  controlling  or  operating  a  telephone  exchanges 
or  service  in  this  State  shall,  on  application  of  a  telegrapli 
or  telephone  company  and  upon  reasonable  terms,  furnisl 
such  company  with  the  use  of  a  telephone  or  telephones,^ 
and  telephonic  service  and  connection  with  the  respectii  ' 
exchanges  and  the  subscribers  thereto,  without  discrini  ■ 
nating  between  telegraph  or  telephone  companies  as  1  i 
the  connection,  service  or  use  of  instruments  furnish^ 
or   charges   made. 

Discrimination  prohibited.      §   4872.     A   person   or  c« 
poration  owning,  controlling  or  operating  a  telephone  fl 
change  or  service  in  this  State  shall,  on  application  ot 
person  or  corporation  and  tender  of  the  charges  or  rent  1 
sum  usual  or  cultomary  for  the  class  of  service  require   , 
without    discrimination    for    the    same    class    of    servii  ,' 
rendered,   furnish   the   person   or   corporation   so   applyii  ; 
with   the   use   of  a   telephone  and   telephonic   service   ai  I 
connection     with     their     respective    exchanges     and     sq 
scribers   thereto;    provided,   that  such   person  or  corpol 
tion    secures    the    rights    necessary   to   make    the   conne 
tions    applied    for    and    pays    the    telephone    company   ,  i 
advance  a  sufficient  sum  to  cover  the  actual  cost  of  tl 
extension,   if   such   extension   is  beyond   one   mile   from 
main    exchange   circuit  of   such   telephone   company. 

Violating  two  preceding  sections — Penalty.     §  4873.    i\ 
person    or    corporation    that   violates    a   provision    of    th ! 
two  preceding  sections  shall  be  fined  not  more  than  $10 )_ 
nor  less  than  $50  for  each  offense.  ,| 

Transmission  of  telephonic  messages.    §  4874.    A  persq 
owning,  hiring  or  leasing  a  telephone  shall  have  the  right'' 
to  transmit  by  telephone  to  any  telegraph  company  usini 
a    telephone,    a   message    to   be    forwarded    by    telegrapl , 
and   also   the   right   to   receive   from   such   telegraph   con  - . 


pany   over    such    telephone    wires, 
telegraph  for  such  individual. 


messages    received    i 


GAS    COMPANIES. 

Electric  plants.  §  4875.  A  domestic  gas  company,  Ij 
addition  to  the  rights  conferred  upon  it  by  charter,  may 
construct,  purchase,  maintain  and  use  for  lighting  anl 
other  legitimate  purposes,  an  electric  light  plant,  or  con- 
solidate with  an  electric  light  company,  and  purchase 
and  hold  real  estate  and  personal  property  necessary  and 
convenient  for  such  purpose. 

Same — Increase  of  capital — Loans.  §  4876.  A  doraest:c 
gas  company  may  increase  its  capital  to  an  amount  sufll- 
cient  to  carry  out  the  object  of  the  preceding  section,  or 
borrow  money  on  bond  or  mortgage,  by  a  two-thirds 
vote  of  the  stockholders  thereof  at  a  meeting  specially 
called  for  that  i)urpose,  and  due  notice  of  such  meeting 
shall  be  given  by  publication  in  a  newspaper  published 
in  the  town  where  the  gas  «ompany  is  located,  or,  it  no 


Public  Service  Laws 


1331 


newspaper  is  published  ttierein,  in  a  newspaper  published 
in  the  nearest  town,  30  days  prior  to  such  meeting. 

NO.  115,  ACTS  OP  1910. 
An  Act  relating  to  the  incorporation  of  villages,  and  the 

amendment  o£  city  and  village  charters. 
It  is  hereby  enacted  by  the  general  assembly  of  the  State. 
of  Vermont: 

Villages — How  chartered.  §  1.  Villages  may  be  char- 
tered, organize4  and  governed,  and  shall  exercise  the 
functions  of  municipal  corporations,  all  according  to  the 
provisions  of  this  Act.  Amendments  to  the  charter  of 
any  city  or  village  heretofore  chartered  or  established 
under  any  special  charter,  or  the  general  law,  shall  be 
applied  for,  authorized  and  made  under  the  provisions  of 
this  Act.  The  inhabitants  included  within  the  limits  ot 
any  village  chartered  and  organized  under  this  Act  shall 
remain  inhabitants  of  the  town  the  same  as  though  no 
corporation    had   been   formed. 

Petition  filed  with  public  service  commission.  §  2.  Vil- 
lages may  be  chartered  and  established  upon  a  petition 
of  a  majority  of  the  legal  voters  in  town  meeting,  resid- 
ing within  the  territorial  limits  of  such  proposed  village. 
Petition  therefor  signed  by  a  majority  of  such  voters  shall 
be  filed  in  the  ofHce  of  the  clerk  of  the  town  in  which 
said  village  is  proposed  to  be  located,  and  a  copy  thereof 
certified  by  the  town  clerk  shall  be  filed  with  the  clerk 
of  the  public  service  commission.  Such  petition  shall 
contain  a  de.'^cription,  by  metes  and  bounds,  of  the  terri- 
tory proposed  to  be  included  within  the  limits  of  such 
village;  shall  contain  the  plan  or  frame  of  government 
which  the  petitioners  propose;  and  shall  enumerate  spe- 
cifically the  powers  and  functions  which  are  proposed  to 
be  exercised  by  the  village,  and  the  limit  of  exiJenditure 
and  indebtedness  which  may  be  made  and  incurred  in 
the   exercise   thereof. 

Notice  of  hearing  to  be  given.  §  3.  When  a  certified 
copy  of  such  petition  is  so  filed  with  the  clerk  of  the 
public  service  commission,  said  commission  shall  fix  a 
time  and  place,  within  the  limits  of  such  proposed  vil- 
lage, when  and  where  the  petitioners  and  ail  other  per- 
sons interested  may  be  heard,  and  give  at  least  30  days' 
notice  thereof  in  writing  to  the  three  petitioners  first 
in  order,  to  the  town  clerk  and  each  of  the  selectmen 
of  the  town;  shall  publish  the  substance  of  the  said  peti- 
tion and  order  of  notice  at  least  three  weeks  successively 
in  a  newspaper  published  in  the  town,  if  there  be  one, 
or,  if  not,  in  a  newspaper  published  in  the  county;  and 
shall  cause  to  be  posted  copied  of  the  petition  and  order 
of  notice  in  at  least  four  public  places  in  the  town,  two 
of  which  shall  be  within  the  limits  of  the  proposed  vil- 
lage. 

Commission  to  certify.  §  4.  The  public  service  commis- 
sion shall,  at  the  time  and  place  so  fixed,  hear  the  peti- 
tioners and  all  other  parties  in  interest,  and  shall  first 
determine  whether  the  conditions  entitling  the  petitioners 
to  apply  for  a  charter  have  been  complied  with;  and,  if 
the  fact  of  such  compliance  be  found,  said  commission 
shall  thereupon  determine  and  make  order: 

a.    What  shall  be  the  plan  or  frame  of  government  of 
the   proposed   municipality. 

b.  What  powers  and  functions  it  may  exercise  and 
the  limit  of  expenditures  and  indebtedness  which  may 
be  made  or  incurred  in  the  exercise  thereof. 

c.  What  territory  shall  be  included  within  its  limits. 
Commission  may  alter  plan  of  government.     §  .5.     The 

public  service  commission  may,  upon  hearing,  amend, 
revise  and  alter  the  plan  or  frame  of  government  pro- 
posed in  the  petition,  and  may,  in  the  enumeration  of 
powers  and  functions  to  be  exercised,  add  to  or  take 
from  those  proposed  in  the  petition,  and  may  alter  the 
boundaries  proposed  in  the  petition,  except  that  no  ter- 
ritory not  included  in  the  description  in  the  petition 
shall  be  included  in  the  final  order  made  by  the  public 
service  commission,  unless  the  land  owners  and  legal 
voters  in  such  additional  territory  shall  have  had  due 
notice  and  opportunity  to  be  heard. 

Decree  of  commission  to  be  village  charter.  §  6.  The 
petition  and  final  order  of  the  public  service  commission 
shall,  when  adopted  by  the  village  as  provided  in  the 
second  following  section,  be  the  charter  of  such  village; 
and  a  copy  of  all  the  same,  certified  by  the  clerk  of  the 


public  service  commission,  shall  be  recorded  in  the  office 
of  the  clerk  of  the  town  and  a  like  certified  copy  shall, 
upon  the  organization  of  such  village,  be  delivered  to  the 
clerk  of  such  organized  village  for  and  as  its  charter,  and 
a  like  certified  copy  shall  be  sent  to  the  secretary  of 
State  and  recorded  in  his  office. 

Appeal  from  decrei.  §  7.  An  appeal  to  the  Supreme 
Court  from  the  order  of  the  public  service  commission, 
made  under  the  provisions  of  this  Act,  may  be  had  by 
any  party  in  interest,  in  the  same  manner  and  by  the 
same  procedure  and  to  the  same  extent  as  is  provided 
fcr  appeals  from  the  public  service  commission  by  §  12 
of  No.  116,  Acts  of  1908,  and  thereupon  proceedings 
shall  be  had  in  the  Supreme  Court  as  in  said  last-named 
section   provided. 

Voters  to  accept  or  reject  charter.  §  8.  Upon  final  order 
of  the  public  service  commission,  a  certified  copy  of 
such  order  shall  be  transmitted  to  the  clerk  of  the  town 
in  which  such  proposed  village  is  situate;  and  thereupon 
such  clerk  shall  forthwith  call  a  meeting  of  the  legal 
voters  resident  within  the  territorial  limits  of  such  pro- 
posed village  on  12  days'  notice,  to  be  held  at  some 
public  place  within  the  limits  of  such  proposed  village,  as 
designated  by  such  clerk.  The  warning  for  such  meeting 
shall  be  posted  at  two  or  more  public  places  within  the 
limits  of  such  proposed  village,  and  be  printed  twice  in 
a  newspaper  published  in  the  town,  it  there  be  one,  or, 
if  not,  in  a  newspaper  published  in  the  county;  and 
such  warning  shall  state  the  business  of  such  meeting, 
which   shall  be, 

I.  To  see  if  the  voters  will  adopt  the  charter  as 
established  by  the  petition  and  final  order,  according  to 
the  certified  copy  thereof  on  file  with  the  town  clerk; 
and,   if  so, 

II.  To  proceed  to  organize  thereunder  and  elect  the 
officers  as  therein  proposed. 

Town  clerks  to  preside.  §  9.  The  town  clerk  or,  in  his 
absence,  any  of  the  selectmen  of  the  town,  shall  preside 
at  such  meeting.  Any  person  resident  within  the  limits 
of  such  proposed  village,,  who  would  then  be  a  voter  in 
town  meeting,  shall  be  a  voter  in  said  first  named 
meeting. 

Meeting  to  elect  officers.  S  10.  If,  at  the  meeting  held 
under  the  provisions  of  the  second  preceding  section,  it 
shall,  by  a  majority  vcte  of  the  voters  present  and  voting, 
be  voted  to  adopt  the  charter  according  to  such  petition 
and  final  order,  the  meeting  shall  thereupon  proceed  to 
the  election  of  officers  as  required  by  such  charter,  and 
thereupon  the  said  village  shall  become  and  be  a  body 
corporate  with  full  power  to  exercise  the  authority  and 
the  functions  as  in  said  charter  and  as  by  law  provided, 
and  as  such  may  sue  and  be  sued,  and  shall  have  and 
possess  such  rights  and  privileges,  and  be  subject  to 
such    conditions   and  obligations    as   the   law    provides. 

Powers  and  functions  of  village.  §  11.  The  powers  and 
functions  which  may  be  conferred  upon  and  exercised 
by  the  proposed  village  under  the  provisions  of  this  Act 
shall  be   limited  to   the   following: 

I.  To  be  a  body  corporate,  to  have  a  seal,  and  to 
sue  and  be  sued. 

II.  To  have   and   organize   a   government. 

III.  To  enact  such  by-laws  and  regulations  as  are 
expedient  and  not  inconsistent  with  law,  particularly 
such  as  relate  to  trees,  sidewalks,  lanes  and  commons, 
and  shade  and  ornamental  trees  thereon,  to  slaughter 
houses  and  nuisances,  to  restrain  animals  from  running 
at  large,  to  the  erection  and  regulation  of  buildings  and 
hay  scales,  to  the  preservation  of  buildings,  with  the 
right  of  directing  alterations  in  stoves,  fireplaces  and 
causes  from  which  dangers  from  fire  may  be  apprehended, 
to  fire  engines  and  other  apparatus  necessary  for  the 
extinguishment  of  fire,  and  for  establishing  and  regu- 
lating fire  companies,  and  to  manufacturing  and  safe 
keeping  of  ashes,  gunpowder  ami  combustibles. 

IV.  To  fix  the  amount  of  forfeiture  for  breach  of 
such  by-laws,  not  exceeding  $25  for  any  one  offense, 
to  be  recovered  by  an  action  of  debt  if  brought  within 
90  days  from  the  time  the  offense  is  committed,  before 
a  justice  in  said  village;  in  which  .action  it  shall  be 
sufficient  to  declare  generally  that  the  defendant  is 
indebted   to  said   corporation  in  the  amount  of  forfeiture 


1332 


National  Association  op  Kailway  Commissioners 


for    the    breach    of    the    by-law    violated    by. him;    under 
wh:ch  declaration  special  matter  may  be  given  in  evidence. 

V.  To  acquire  real  or  personal  property  for  municipal 
uses,  by  gift,  purchase,  or  otherwise,  and  to  dispose  of 
the   same. 

VI.  To  establish  and  maintain  a  police  department, 
to  provide  for  the  appointment  of  police  officers,  who 
shall  be  sworn,  and  who  shall,  within  the  limits  of  such 
village,  have  the  same  power  as  constables  in  the  service 
of  civil  and  criminal  process,  and  such  further  special 
authority  as  may  be  provided  in  the  charter  or  by-laws 
not    inconsistent   with   law. 

VII.  To  fix  and  provide  for  the  compensation  of  vil- 
lage officers. 

VIII.  To  establish  for  purposes  of  regulation  or  reve- 
nue, a  system  of  licenses,  and  fix  the  fees  thereunder. 

IX.  To  establish   and   maintain   a   fire   department. 

X.  To  establish  and  maintain  a  system  of  sewers  or 
drainage,  and  to  apportion  and  assess  the  expense  thereof 
against  property  benefited  thereby,  subject  to  the  right 
of  appeal  by  the  same  procedure  as  prescribed  by  chapter 
182  of  the  Public  Statutes. 

XI.  To  acquire,  establish  and  maintain  a  water  sys- 
tem for  the  furnishing  of  water  for  fire  protection  and 
municipal  purposes,  and  for  the  domestic  use  of  the 
inhabitants  of  the  village. 

XII.  To  maintain  and  keep  in  repair  present  streets, 
highways  and  bridges  within  the  limits  of  the  village 
and  to  establish  new  streets  and  highways  and  erect  new 
bridges,  and   to  light   its   highways   and   bridges. 

XIII.  To  acquire,  establish  and  maintain  electric  or 
gas  systems,  or  both,  for  furnishing  electricity  or  gas  for 
lighting  streets,  and  for  municipal  use,  and  for  domestic 
use  of  its   inhabitants. 

XIV.  To  acquire,  establish  and  maintain  parks  and 
playgrounds. 

XV.  To  take  over,  maintain  and  establish  a  School 
system,  including  provision  for  higher  education  or  high 
school. 

XVI.  To  establish  and  maintain  hospitals,  and  to 
assist  those  already  establislied,  or  to  be  established 
within  the  village  limits. 

XVII.  To  acquire,  establish  and  maintain  wharves  for 
municipal    and    public    use. 

XVIII.  To  erect  and  maintain  necessary  buildings  for 
municipal   use. 

XIX.  To  raise  money  by  taxation  to  defray  its  ex- 
penses, and  to  have  a  collector  of  taxes,  to  whom  a  tax- 
bill  with  a  warrant  for  its  collection  shall  be  delivered 
by  the  chief  executive  officers,  which  said  collector  shall 
have  the  same  power  to  collect  said  taxbill  as  the  col- 
lector of  town  taxes. 

XX.  To  borrow  money  for  paying  its  expenses  and 
for  refunding  or  paying  its  indebtedness,  or  for  improve- 
ments, or  for  the  construction  of  any  buildings,  works, 
plants,  highways,  bridges,  or  public  utilities  or  purposes, 
acquired,  established,  constructed  maintained  or  exer- 
cised in  the  proper  discharge  of  its  functions. 

Proceedings  to  condemn  land.  §  12.  If  in  the  exercise 
of  any  of  the  powers  or  functions  authorized  by  its  charter, 
a  village  finds  it  necessary  for  public  use  and  benefit  to 
take,  damage  or  affect  the  lands  of  any  person  or  corpora- 
tion, and  cannot  agree  with  such  person  or  corporation 
as  to  the  necessity  for  such  taking,  damaging  or  affecting, 
or  as  to  the  damage  to  be  paid  therefor,  such  village  may 
apply  by  petition  to  the  county  court  to  have  the  question 
determined  whether  the  taking,  damaging  or  affecting  of 
such  land  is  for  the  public  use  and  benefit,  whether  it  is 
necessary,  and  the  amount  of  damage  suffered  by  the  land 
owner  on  account  thereof.  The  petition,  with  citation, 
shall  be  served  upon  the  land  owner  and  every  other 
party  in  Interest  at  least  12  days  before  the  session  of  the 
court,  and  the  court  shall  appoint  three  disinterested 
commissioners  who  shall  Inquire  into  the  question  of  public 
use  and  benefit,  of  necessity  for  taking,  and  as  to  the 
amount  of  damages  sustained  by  persons  interested  therein. 

Hearing  lefore  commissioners.  §  13.  The  commission- 
ers shall  give  six  days'  notice  to  all  parties  in  interest  of 
the  time  and  place  of  hearing;  and,  when  they  have  com- 
pleted their  hearing,  they  shall  make  report  to  the  court; 
and,  upon  hearing,  the  court  may  accept  or  reject  the  re- 
port, In  whole  or  in  part,  may  make  such  order  and  judg- 


ment as  is  necessary  and  as  to  justice  shall  appertain, 
may  tax  costs  for  either  party  and  may  award  execution  In 
the  premises.  When  damages  finally  awarded  are  paid  to 
the  person  entitled  thereto,  the  right  to  take,  damage  or 
affect  such  lands  for  the  purposes  set  forth  in  the  petition 
or  such  as  are  found  to  be  public,  shall  vest  in  the  village. 

Amendments  to  charter.  §  14.  Amendments  to  the 
charter  of  any  existing  city  or  village  shall  be  made  in  the 
following  manner:  The  chief  executive  officer  of  such 
municipality  shall  upon  being  authorized  so  to  do  by  vote 
of  the  municipality,  at  a  meeting  duly  warned  and  holden 
therefor,  petition  the  public  service  commission  for  the 
amendments  desired  by  the  municipality.  Thereupon  the 
same  proceedings  shall  be  had  by  the  public  service  com- 
mission, with  the  same  rights  of  appeal  and  with  the  same 
jurisdiction  in  the  public  service  commission  and  Supreme 
Court  as  is  provided  in  the  case  of  new  municipalities  in 
§  §  3  to  7,  inclusive,  of  this  Act,  so  far  as  the  same  are 
applicable;  but  city  boundaries  shall  not  be  changed  under 
the  provisions  of  this  Act.  The  petition  and  final  order 
of  the  public  service  commission  shall,  when  adopted  by 
the  municipality  as  provided  in  the  following  section,  be 
an  amendment  to  the  charter  of  such  municipality. 

Meeting  to  ratify  amendments.  §  15.  Upon  final  orcer 
of  the  public  service  commission,  a  certified  copy  of  such 
final  order  shall  be  transmitted  to  the  clerk  of  such  munici- 
pality; and  such  clerk  shall  thereupon  forthwith  call  a 
meeting  of  the  legal  voters  thereof  on  at  least  two  a  id 
not  more  than  three  weeks'  notice,  which  warning  sh  ill 
be  posted  and  published  as  in  the  case  of  special  to>;n 
m.eetings  and  shall  state  the  business  of  such  meetii  g, 
which  shall  be: 

To  see  if  the  voters  will  adopt  the  amendment  to  the 
charter  as  established  by  the  petition  and  final  ordi  r, 
according  to  the  certificate  copy  thereof  on  file  with  1 13 
clerk. 


Provision  for  existing  villages.    §  16.    Any  existing  c; 
or  village  may,  upon  an  amendment  of  its  charter  procur 
according  to  the  provisions  of  this  Act,  exercise  such  pow< 
and  functions  enumerated  in  §  11  of  this  Act  as  are  spi 
fled  in  such  amendment. 


ty^ 


I 


Charter — Hoiv  constructed.  §  17.  The  word  "charti 
as  used  in  the  three  preceding  sections,  shall  be  constru  'd 
to  include  corporate  rights  and  functions  of  villages  <  s- 
tablished  under  the  provisions  of  chapter  158  of  the  Pub  io 
Statutes. 

Existing  charters  remain  in  force.  §  18.  Nothing  in 
this  Act,  except  the  provisions  relating  to  amendment, 
shall  be  construed  to  affect,  modify  or  alter  the  chart  ar 
or  the  powers  and  functions  of  any  city  or  village  n(  w 
existing,  whether  established  under  the  general  law  or  )y 
special  Act,  and  §  §  3577  to  3594,  inclusive,  of  the  Pub  ic 
Statutes  shall  continue  in  force  as  to  existing  municipsli- 
ties  affected  thereby,  except  as  the  same  may  be  render  !d 
inapplicable  by  amendments  hereafter  obtained  under  §§4. 
15  and  16  of  this  Act;  but  this  Act  shall  not  affect  any  p  o- 
ceedings  heretofore  had  or  rights  heretofore  acquir;d 
under  §  §  3600  to  3605,  inclusive,  of  the  Public  Statutes.        ^ 

Repeal.  §  19.  Except  as  otherwise  provided  by  tae 
preceding  section,  §  §  3577,  3579,  3580,  3581,  3582,  3583,  35!  4, 
3585,  3586,  3587,  3588,  3589,  3592,  3593,  3594,  3600,  3601.  36<  2, 
3603,  3604  and  3605  of  the  Public  Statutes  are  hereby  :  e- 
pealed. 

Approved  January  28,  1911. 


in 


No.  116. 
An  Act  changing  the  name  of  the  board  of  railroad  com' 
missioners  to   public   service   commission   and  prov  d- 
ing   for   the    supervision   of   gas    plants,   electric   light 
plants,    telegraph    and    telephone    lines    and    express 
companies. 
It  is  hereby  enacted  by  the  General  Assembly  of  the  Stcte 
of  Vermont: 
Change    of    name    to    public   service    commission.      \  1. 
The  name  of  "board  of  railroad  commissioners"  is  hereby 
changed  to  "public  service  commission,"  and  wherever  in 
the  Public  Statutes  the  words  "board  of  railroad  commis- 
sioners"  or  the  words   "railroad   commissioners"  appear, 
the  same  are  hereby  changed  to  the  words  "public  service 
commission."     Wherever  in  the  Public  Statutes  there  ap- 
pear the  words  "railroad  commission,"  the  same  are  hereby 
changed  to  "public  service  commission."    And  wherever  In 


PuBLiaSERViCE  Laws 


1333 


the  Public  Statutes,  referring  to  the  board  of  railroad  com- 
missioners, the  word  "board"  is  used,  the  same  is  hereby 
changed  to  the  word  "commission."  The  present  members 
of  the  board  of  railroad  commissioners  shall  continue  in 
office  as  public  service  commissioners  to  the  expiration  of 
the  term  of  their  original  appointment.  All  sections  of  the 
statutes  referring  or  rebating  to  the  board  of  railroad  com- 
missioners and  their  duties,  authority  and  power,  or  in 
any  way  relating  to  the  said  board  or  the  members  thereof, 
are  hereby  continued  in  force  save  only  as  amended  by 
this  section. 

Term,  "Company"  to  include  individual,  corporation, 
municipality,  etc.  §  2.  The  words  "company"  or  "com- 
panies," as  used  in  this  Act,  shall  mean  and  include  In- 
dividuals, partnerships,  associations  corporations  and  muni- 
cipalities, owning  or  conducting  any  public  service  business 
or  property  used  in  connection  therewith  and  covered  by 
the  provisions  of  this  Act. 

Duties  and  powers  of  public  service  commission.  §  3. 
The  public  service  commission  shall  have  general  super- 
vision of  all  companies  engaged  in  the  manufacture,  dis- 
tribution and  sale  of  gas  or  electricity  for  lighting  or  heat- 
ing, of  all  express  companies,  and  of  all  companies  owning 
or  operating  telegraph  or  telephone  lines,  stations  or  ex- 
changes, within  this  State,  and  of  all  plants,  lines,  ex- 
changes and  equipment  of  such  companies  used  in  or  about 
the  business  carried  on  by  them  in  this  State  as  covered 
and  included  in  this  section,  and  all  companies,  receivers, 
trustees,  directors  or  lessees,  owning  or  operating  the  same, 
so  far  as  may  be  necessary  to  enable  it  to  perform  the 
duties  and  exercise  the  powers  conferred  upon  it  by  this 
Act;  and  shall  have  supervision  of  companies  engaged  in 
the  manufacture,  sale  and  distribution  of  power,  so  far  as 
relates  to  their  use  or  occupancy  of  the  public  highways 
and  so  far  as  relates  to  furnishing  power  for  public  use. 
It  may,  whenever  it  deems  the  public  good  requires,  ex- 
amine the  plants,  equipment,  lines,  exchanges,  stations  and 
property  subject  to  its  supervision  under  this  Act.  Said 
commission  shall  have  power,  so  far  as  is  necessary  for 
the  performance  of  its  duties,  to  examine  the  books,  ac- 
counts and  papers  of  any  company,  receiver,  trustee  or 
lessee,  owning  or  operating  any  plant,  line  or  property 
subject  to  its  supervision  under  this  Act  which  in  any  way 
relate  to  or  contain  entries,  data  or  memoranda,  concern- 
ing any  transaction  within  this  State  or  with  any  person 
residing  or  having  a  place  of  business  within  this  State,  to 
subpoena  witnesses,  to  administer  oaths  to  them  and  ex- 
amine them  on  all  matters  of  which  said  commission  has 
jurisdiction,  and  to  compel,  by  proceedings  for  contempt, 
such  witnesses  to  attend  the  sessions  of  said  commission, 
and  to  answer  any  proper  questions,  to  produce  and  ex- 
hibit to  said  commission  the  books,  accounts  or  papers  of 
any  company,  receiver,  trustee  or  lessee,  owning  or  oper- 
ting  any  plant  or  line  so  subject  to  supervision,  which  In 
any  way  relate  to  or  contain  entries,  data  or  memoranda, 
concerning  any  transaction  within  this  State  or  with  any 
person  residing  or  having  a  place  of  business  within  this 
State,  or  of  any  other  person  when  their  examination  is 
pertinent  to  the  matters  under  consideration.  Witnesses 
duly  subpoenaed  who  refuse  or  neglect  to  appear  or  who 
refuse  to  testify,  shall  be  subject  to  the  provisions  and 
penalties  of  the  stateutes  applicable  to  witnesses  who  neg- 
lect or  refuse  to  obey  subpoenas  to  appear  and  testify  be- 
fore courts  at  law  and  in  equity. 

May  enter  plants,  etc.  §  4.  The  members  of  said  com- 
mission, and  any  person  in  its  employ  and  by  its  direction, 
may,  during  business  hours,  enter  the  offices,  plants,  ex- 
changes and  stations,  or  upon  the  land  or  lines  of  any 
company  within  this  State  subject  to  the  provisions  of 
this  Act. 

Entitled  to  all  information.  §  5.  A  company  owning 
or  operating  a  plant,  line  or  property,  subject  to  supervision 
under  this  Act  shall,  at  all  times,  on  request,  furnish  said 
commission  all  information  required  by  it  concerning  the 
condition,  operation,  management,  expense  of  maintenance 
and  operation,  cost  of  production,  rates  charged  for  serv- 
ice or  for  product,  contracts,  obligations  and  financial 
standing  of  such  company.  Said  commission  shall  not,  un- 
less required  by  law,  give  publicity  to  such  information 
so  obtained  by  it  except  as  it  may  be  necessary  in  reports 
to  the  general  assembly,  or  in  judicial  proceedings. 

Five-hundred-dollar  fine  for  hindering  commission.     ?  6. 


A  company  operating  a  plant  or  line  subject  to  supervision 
under  this  Act,  that  refuses  said  commission  access  to  its 
books,  accounts  or  papers,  so  far  as  may  be  necessary  under 
the  provisions  of  this  Act,  or  fails  or  refuses  to  furnish  any 
returns,  reports  or  information  lawfully  required  by  said 
commission,  or  wilfully  hinders,  delays  or  obstructs  said 
commission  in  the  discharge  of  the  duties  imposed  upon  it, 
or  fails,  within  a  reasonable  time  to  obey  a  final  order  or 
decree  of  said  commission,  shall  be  fined  not  more  than 
$5,000  nor  less  and  ?500.  A  person  who  knowingly,  under 
oath,  makes  a  false  return  or  statement,  or  who  knowingly, 
under  oath,  when  required  by  law,  gives  false  Information 
to  said  commission,  or  who  knowingly  testifies  falsely  in 
any  material  matter  before  said  commission,  shall  be 
deemed  to  have  committed  perjury,  and  shall  be  punished 
accordingly. 

To  investigate  accidents.  §  7.  The  superintendent  or 
manager  of  any  line  or  plant,  subject  to  supervision  un- 
der this  Act,  shall  immediately  after  its  occurrence  notify 
said  commission  in  writing  of  any  accident  within  this 
State  upon  such  line  or  plant  resulting  in  loss  of  life,  or 
Injury  to  any  person  which  shall  incapacitate  him  from 
engaging  in  his  usual  vocations.  Said  commission  shall 
inquire  into  the  cause  of  every  such  accident,  and  if,  in 
its  judgment,  a  public  investigation  is  necessary,  it  shall 
fix  a  time  and  place  of  holding  the  same,  and  thereupon 
proceed  as  provided  in  §  4609  of  the  Public  Statutes  relat- 
ing to  investigation  of  accidents  upon  railroads. 

To  investigate  complaints.  §  8.  Complaints  concerning 
any  claimed  unlawful  action  or  neglect  of  those  in  the 
operation  or  management  of  any  plant,  property  or  line 
subject  to  supervision  under  the  provisions  of  this  Act, 
may  be  made  or  commenced  by  the  person  or  corporation 
that  claims  to  be  injured  or  by  the  attorney-general  or 
by  the  State's  attorney  of  the  county  or  by  10  or  more 
freeholders;  and  any  such  person  or  corporation  so  claim- 
ing to  be  injured  may  file  his  complaint  relating  thereto 
with  the  attorney-general,  who  shall  thereupon  in  person 
or  through  the  State's  attorney  of  the  countv  investigate 
such  complaint  and  if  sufficient  cause  exists  shall  prose- 
cute  the  same  in  the  name  of  the  State. 

Commission  to  determine  methods  and  prices  and  pre- 
vent overcapitalization.  §  9.  The  public  service  commis- 
sion shall  have  jurisdiction,  on  due  notice,  to  hear,  deter- 
mine, render  judgment  and  make  orders  and  decrees  in 
all  matters  provided  for  in  the  charter  of  any  corpora- 
tion owning  or  operating  any  plant,  line  or  property  sub- 
ject to  supervision  under  this  Act,  and  shall  have  like 
jurisdiction  in  all  matters  respecting: 

I.  The  purity,  quantity  or  quality  of  any  product  fur- 
nished or  sold  by  any  company  under  supervision,  as  pro- 
vided in  this  Act,  and  may  prescribe  the  equipment  for 
and  standard  of  measurement,  pressure  or  initial  voltage 
of  such   product. 

II.  The  providing  for  each  kind  of  business  subject 
to  supervision  under  this  Act,  suitable  and  convenient 
standard  commercial  units  of  product  or  service  which 
standards   shall   be    lawful    for   the   purposes   of  this  Act, 

III.  The  manner  of  operating  and  conducting  any 
business  subject  to  supervision  under  this  Act,  so  as  to 
be  reasonable  and  expedient,  and  to  promote  the  safety, 
convenience    and    accommodation    of    the    public. 

IV.  The  price,  toll,  rate  or  rental  charged  by  any 
company  subject  to  supervision  under  this  Act,  when 
unreasonable  or  in  violation  of  law. 

V.  The  sufficiency  and  maintenance  of  proper  sys- 
tems, plants,  conduits,  appliances,  wires  and  exchanges 
and  when  the  public  safety  and  welfare  require  the  loca^ 
tion  of  such  wires  or  any  portion  thereof  underground. 

VI.  To  restrain  any  company  subject  to  supervision 
under  this  Act  from  violations  of  law,  unjust  discrimina- 
tions,   usurpation   or    extortion. 

VII.  The  issue  of  stock,  mortgages,  bonds  or  other 
securities  in  order  to  prevent  overcapitalization  as  here- 
inafter provided. 

To  enforce  adequate  service  and  just  rates,  g  10.  If, 
upon  such  investigation,  the  rates,  tolls,  charges  or  sched- 
ules are  found  unjust,  unreasonable,  insufficient  or  un- 
justly discriminatory,  or  to  be  preferential  or  otherwise 
in  violation  of  a  provision  of  this  Act,  the  commission 
may  order  and  substitute  therefor  such  rate  or  rates, 
tolls,   charges   or   schedules,   and   make   such   changes   in 


1334 


National  Association  of  Railway  Commissioners 


any  regulations,  measurements,  practices  or  acts  of  any 
company  subject  to  supervision  under  this  Act,  relating 
to  its  service,  and  may  make  such  order  as  will  compel 
the  furnishing  of  adequate  service  as  shall  at  said  hear- 
ing be  found  by  it  to  be  just  and  reasonable.  This  sec- 
tion shall  not  be  construed  to  require  the  same  charges, 
tolls  or  rates  from  any  company  subject  to  supervision 
under  this  Act  tor  like  service  in  different  parts  of  the 
State,  but  the  commission  in  determining  these  questions 
shall  investigate  local  conditions  and  its  final  findings 
and  judgment  shall  take  cognizance  thereof. 

Companies  to  furnish  good  service  and  fair  rates.  S  11. 
Every  company  subject  to  supervision  under  this  Act 
shall  be  required  to  furnish  reasonably  adequate  service, 
accommodation  and  facilities  to  the  public.  The  charge 
made  by  any  such  company  for  any  product  or  service 
shall  be  reasonable  and  without  discrimination,  except 
as  provided  in  this  Act. 

Appeal  from  judgment  of  the  commission.  S  12.  Any 
party  to  a  cause  who  feels  himself  aggrieved  by  the 
final  order,  judgment  or  decree  of  said  commission,  shall 
have  the  right  to  take  the  cause  to  the  Supreme  Court 
by  appeal  for  the  correction  of  any  errors  excepted  to 
in  its  proceedings,  or  in  the  form  or  substance  of  its 
orders,  judgments  and  decrees  on  the  facts  found  and 
reported  by  said  commission.  In  case  of  such  an  appeal 
from  the  final  order,  judgment  or  decree  of  said  com- 
mission, the  proceedings  shall  be  in  accordance  with  the 
provisions  of  §  4600  of  the  Public  Statutes. 

Company  may  condemn  land  through  the  commission. 
§  13.  Whenever  it  is  necessary  in  order  to  meet  the  rea- 
sonable requirements  of  service  to  the  public  that  any 
company  owning  or  operating  any  plant  or  line  or  en- 
gaged in  the  construction  of  any  plant  or  line  subject  to 
supervision  under  this  Act,  that  a  pipe  line,  conduits, 
line  of  poles,  towers  or  wires  cross  the  lands  of  any 
other  person  or  corporation,  and  the  company  so  requir- 
ing to  cross  cannot  agree  with  the  owner  of  such  lands 
as  to  the  necessity  therefor,  or  compensation  to  be  paid 
therefor.  It  may  petition  the  public  service  commission 
for   such   right. 

Said  commission  shall,  upon  due  notice  to  all  parties 
in  interest  hear  and  determine  the  necessity  therefor 
and  the  compensation  to  be  paid  therefor,  and  render 
judgment  accordingly,  which  judgment  shall  be  final  ex- 
cept as  an  appeal  to  the  Supreme  Court  is  allowed  from 
the  orders   or  decrees  of  said  commission. 

Companies  may  appeal  to  commission  from  adverse  ac- 
tion of  municipality.  S  14.  Any  person  or  corporation 
aggrieved  by  any  order  or  decision  of  the  municipal 
authorities  made  under  the  provisions  of  any  statute, 
relative  to  the  granting  of  a  license  or  permit  for  loca- 
tion, may  at  any  time  within  30  days  of  the  date  of 
such  order  or  decision  appeal  therefrom  to  the  public 
service  commission  and  the  decision  of  the  commission 
thereon,  after  notice  and  public  hearing  of  all  parties 
Interested,  as  provided  In  §  8  of  this  Act,  shall  be  final,  sub- 
ject to  a  right  of  appeal  to  the  Supreme  Court  as  hSrein 
provided. 

Reports  of  commission.  §  15.  The  report  required  to 
be  made  by  said  commission  under  §  4614  of  the  Public 
Statutes  relating  to  railroads,  shall  include  the  report 
of  said  commission  under  this  Act,  to  be  of  the  same 
general  scope  and  character  as  required  in  case  of  rail- 
roads. 

No  increase  of  stock  or  bonds  xcithout  permission.  §  16 
A  corporation  organized  under  the  laws  of  this  State, 
subject  to  the  provisions  of  this  Act,  shall  not  increase 
its  capital  stock  nor  issue  mortgages,  bonds  or  other 
securities  except  such  as  are  payable  within  one  year 
from  date  of  issue,  without  first  securing  the  permission 
of  the  public  service  commission  on  petition  and  hearing 
for  that  purpose.  Such  corporation  desiring  to  in- 
crease its  capital  stock  or  to  issue  mortgages,  bonds  or 
other  securities,  not  payable  within  one  year  from  date 
of  issue,  may  petition  said  commission  for  such  permis- 
sion, and  said  commission  shall  thereupon  appoint  a 
time  and  place  tor  hearing  the  petition.  Said  commission 
shall  give  reasonable  notice  in  writing  by  mail  of  the 
time  and  place  of  hearing  thereon  to  such  petitioner,  the 
attorney-general  and  the  State's  attorney  of  the  county 
wherein   such   petitioner  has  its   principal  place  of  busi- 


ness in  this  State,  and  may  in  its  discretion  publish  one 
or  more  times  a  notice  of  the  pendency  of  such  petition 
and  of  the  time  and  place  of  hearing  thereon  in  one  or 
more  newspapers  published  in  the  county  wherein  such 
principal  oflice  is  located,  and  for  want  of  such  news- 
paper, in  an  adjoining  county.  The  attorney-general  or 
State's  attorney  or  the  county  shall  represent  the  State 
In  such  hearing.  If  the  commission,  after  due  hearing. 
Is  satisfied  that  such  corporation  ought  to  be  permitted 
to  Increase  its  capital  stock',  or  to  issue  such  mortgages 
bonds  or  other  securities,  and  that  the  same  is  required 
for  the  proper  development  of  the  business  of  such  cor- 
poration, and  that  the  same  will  be  promotive  of  the 
general  good  of  the  public,  said  commission  shall  then 
issue  to  said  corporation  a  certificate  under  its  seal, 
stating  the  amount  of  increase,  manner,  terms  and  con- 
ditions under  which  the  same  may  be  issued.  Nothing 
contained  in  this  Act  shall  apply  to  a  mortgage  here- 
tofore executed  and  recorded,  nor  to  bonds  thereby  se- 
cured. 

Decree  of  commission  binding  upon  municipality.  §  17. 
Any  statute  conferring  authority  upon  municipaiities  to 
supervise  or  to  make  any  order  or  regulation  respecting 
any  location,  business  or  company,  subject  to  the  provl 
slons  of  this  Act,  shall  be  construed  as  giving  said 
municipalities  jurisdiction  without  authority  to  alter  or 
modify  any  order,  judgment,  decree  or  regulation  made 
by    the   public   service   commission. 

All  companies  to  file  schedules  of  rates  and  give  not  ce 
of  changes.  §  18.  Every  company  subject  to  the  provisic  ns 
of  this  Act  shall  file  with  the  commission  within  a  time 
to  be  fixed  by  it,  schedules  which  shall  be  open  to  public 
inspection,  showing  all  rates,  tolls  and  charges  whicn 
it  has  established  and  which  are  in  force  at  the  tine, 
including  joint  rates,  fcr  any  service  performed,  or  any 
product  furnished  by  it,  within  the  State,  and  as  a  p:  rt 
thereof  shall  file  the  rules  and  regulations,  that  in  a  ly 
manner  altect  the  tolls  or  rates  charged,  or  to  be  charg 'd, 
for  any  such  service  or  product;  and  no  change  sh  ili 
thereafter  be  made  in  any  such  schedules,  includi  ig 
scnedules  of  joint  rates,  or  in  any  such  rules  or  reju- 
lations,  except  upon  10  days'  notice  to  the  commissicn; 
and  all  such  changes  shall  be  plainly  indicated  ur  )n 
existing  schedules,  or  by  filing  new  schedules  in  1!  }u 
thereof  10  days  prior  to  the  time  the  same  are  to  ti  ke 
effect;  provided,  that  the  commission  upon  applicat:  m 
of  any  company  subject  to  the  provisions  cf  this  A  't, 
may  prescribe  a  shorter  time  within  which  such  red  le- 
tion  or  change  may  be  made. 

Copy  of  schedules  to  be  kept  on  file.  §  19.  Every  c(  in- 
pany  subject  to  the  provisions  of  this  Act  shall  keep  on 
file  in  every  station  or  oflice  thereof  where  payme  .ts 
are  made  by  consumers  or  users,  open  to  the  pub  ic, 
and  in  such  form  and  place  as  to  be  readily  access!  i\e-. 
to  inspection  by  the  public,  a  copy  printed  in  plain  t}  pe 
of  so  much  of  its  said  schedules  as  the  commission  stall 
deem  necessary. 

Clerks  and  stenographers.  §  20.  Said  commission  n  ay 
appoint  and  employ  a  sufficient  number  of  clerks  f  nd 
stenographers  to  perform  the  clerical  work  of  the  oflRce, 
and  may  employ  such  experts  and  temporary  emplo  es 
as  may  be  necessary  to  jjerform  the  service  requi  ed 
under  the  general  law  and  this  Act,  and  shall  fix  lie 
compensation  of  such  clerks,  stenographers,  experts  ;  nd 
temporary  employes,  subject  to  the  approval  of  lie 
governor. 

Salaries,   chairman.   .$2,200;   others.   $1,100.     §   21.    ,' 
tion  6172  of  the  Public  Statutes  is  hereby  amended  so  .■:- 
to  read  as  follows: 

§  6172.  The  annual  salary  of  each  public  service  ciiii- 
missioner  shall  be  $1,700  and  necessary  expenses;  the 
chairman  of  said  commissicn  shall  annually  receive  f500 
additional.  The  annual  salary  of  the  clerk  of  said  com- 
mission shall  be  fixed  by  said  commission,  with  the 
approval  of  the  governor,  and  said  clerk  shall  be  allon-ed 
hi^  necessary  expenses.  Said  commission  and  clerk  s'lall 
be  supplied,  at  the  expense  of  the  state,  with  all  neces- 
sary postage,  stationery,  printing,  office  furniture  and 
supplies  and  express,   telephone  and  telegraph  charges. 

Commissioners  to  keep  clear  of  companies.  §  22.  Sec- 
tion 4593  of  the  Public  Statutes  is  hereby  amended  so  as  to 
read   as   follows : 


Public  Service  Laws 


1335 


§  4593.  No  person  in  the  employ  of,  or  holding  any 
official  relation  to  any  company  subject  to  supervision 
under  this  Act,  or  engaged  in  the  management  thereof, 
or  owning  stock,  bonds  or  other  securities  in  such  com- 
pany, or  who  is,  in  any  manner,  connected  with  the 
operation  of  any  such  company  in  this  state,  shall  be  a 
commissioner  of  the  clerk  of  said  public  service  commis- 
sion; nor  shall  any  person  holding  the  office  of  com- 
missioner or  clerk  of  said  commission,  personally  or  iu 
connection  with  a  partner  or  agent,  render  any  pro- 
fessional service  for  or  against,  or  make  or  perform  any 
business  ccntract  with  any  company  subject  to  super- 
vision under  this  Act  in  this  state,  relating  to  the  busi- 
ness of  such  company,  except  contracts  made  with  them 
as  common  carriers,  or  in  regular  course  of  public  service, 
nor  shall  such  person,  directly  or  indirectly,  receive  from 
any    such   company,   any   commission,   present   or   reward. 

No  power  to  restrict  competition.  S  23.  Nothing  in  this 
Act  or  previous  statutes  shall  be  cousu-ued  as  giving  the 
public  service  commission  power  to  prevent  or  restrict 
competition  or  limit  the  number  of  i)ersons  or  companies 
who  may  engage  in  the  business  of  furnishing  light,  heat, 
power,  or  any  other  business  subject  to  supervision  under 
the   provisions  of  this  Act   in   any   town. 

In  effect  forthwith.  S  24.  This  Act  shall  take  effect 
April   1,   1909. 

Approved   January   20,   1909. 

No.  145,  ACTS  OF  1910. 

It  is  hereby  enacted  by  the  general  asse7nl)ly  of  the  State 
of  Vermont: 
Notice  to  public  service  commission.  SI.  A  corpora- 
tion, which  hereafter  shall  organize  under  the  general 
law  or  by  special  statute  and  which  is  subject  to  super- 
vision under  No.  116  of  the  Acts  of  1908,  immediately 
uix)n  the  granting  of  its  charter,  shall  file  with  the  pub- 
lic service  commission  a  copy  of  its  articles  of  association 
and  a  copy  of  its  certificate  of  paid-up  capital  stock; 
and  also  immediately  after  its  organization  thereuudei 
shall  forward  to  the  public  service  commission  a  copy 
of  the  record  of  its  organization  containing  the  names 
and  addresses  of  the  directors  and  other  officials  of  said 
compary.  And  one,  not  a  corporation,  engaging  in  busi- 
ness which  is  subject  to  supervision  under  said  Act, 
numbered  116,  of  the  Acts  of  1908,  at  the  time  of  com- 
mencing such  business  shall  file  with  the  public  service 
commission  a  written  statement  giving  the  location, 
nature  and  extent  of  such  business,  together  with  the 
postoffice  address  of  the  owner  or  owners,  business  man- 
ager and  other  officials. 

§  2.     This   Act  shall   take   effect   from   its   passage. 
Approved  November  30,  1910. 
No.  365. 
An  Act  to  repeal  an  Act  entitled  "An  Act  relating  to  tho 
operation   of  Railways,"  approved   November   11,   1910, 
and    to    enable    the    Boston    &    Maine    Railroad    and 
Bennington    &    North    Adams    Street    Railway    Com- 
pany to  introduce  additional  motive  power  and  to  use 
a  portion  of  each  other's  lines. 

It  is  hereby  enacted  by  the  general  assembly  of  the  State 
of  Vermont: 
May  use  electric  power,  etc.  §  1.  The  Boston  &  Maine 
Railroad  and  its  successors,  as  lessee  of  the  Fitchburg 
Railroad,  may  use,  in  addition  to  or  substitution  for  any 
system  of  motive  power  which  it  now  uses  or  is  author- 
ized to  use.  electricity  as  a  motive  power,  over  that 
section  of  said  Fitchburg  Railroad  extending  from  the 
north  line  of  Williamstown,  in  the  commonwealth  of 
Massachusetts,  through  the  town  of  Pownal  to  the  east 
line  of  the  town  of  Petersburgh  in  the  State  of  New 
York,  and  may  make  all  necessary  changes  and  additions 
to  its  said  railroad  and  property  for  the  introduction 
and  use  of  such  motive  power  on  said  section;  and,  when 
so  made,  may  permit  the  Bennington  &  North  Adams 
Street  Railway  Company  or  any  other  corporation,  here- 
after owning  that  part  of  its  street  railway  located  in 
the  towns  of  Bennington  and  Pownal,  to  connect  with 
and  operate  its  cars  and  trains  by  electricity  over  that 
part  of  said  Fitchburg  Railroad  extending  from  some 
point  in  the  village  of  South  Pownal,  so  called,  in  said 
town   of  Pownal  near  its  station,  southerly  to  said  north 


line  of  Williamstown;  and  said  street  railway  company, 
when  permitted  by  said  railroad  company,  is  hereby 
authorized  so  to  do.  And  said  street  railway  company, 
or  any  other  corporation  hereafter  owning  or  operating 
said  street  railway,  in  addition  to  or  substitution  for  the 
motive  power  which  it  now  uses,  or  any  power  which  it 
is  authorized  to  use,  may  use  steam  as  a  motive  power 
upon  that  section  of  its  railway,  as  now  located,  extend- 
ing: from  said  point  of  connection  in  said  village  of  South 
Pownal  northerly  through  said  town  to  the  north  line 
thereof  and  beyond  to  Beach  street  in  the  village  of 
Bennington  in  the  town  of  Bennington,  and  may  permit 
said  Boston  &  Maine  Railroad  Company  and  its  suc- 
cessors to  operate  its  trains  and  cars  over  said  section 
of  its  railway,  and  in  such  operation  to  use  as  a  motive 
power  steam  or  electricity,  cr  both;  and  said  railroad 
company  is  hereby  authorized  and  empowered,  when  per- 
mitted by  such  railway  company,  to  so  operate  said 
section  of  said  railway,  but  always  under  and  subject 
to  such  regulations  and  conditions  as  the  public  service 
commission  may  prescribe. 

Street  railway  subject  to  crossings  law.  §  2.  Said  sec- 
tion of  the  lines  of  said  Bennington  &  North  Adams  Street 
Railway  Company  shall,  when  operated  upon  by  steam  as 
a  motive  power,  be  subject  to  the  provisions  of  Act  No. 
125  of  the  laws  of  1906  "relating  to  railroad  crossings." 

Notice  to  land  owners.  §  3.  Before  any  change  author- 
ized under  the  provisions  of  this  Act  shall  be  made,  the 
said  Boston  &  Maine  Railroad  or  its  successors,  and  said 
Bennington  &  North  Adams  Street  Railway  Company  or 
any  other  corporation  hereafter  owning  that  part  of  its 
street  railway,  located  in  the  towns  of  Bennington  and 
Pownal,  shall  give  notice  forthwith  to  the  owners  or  occu- 
pants of  lands  through  which  said  section  of  said  Fitch- 
burg Railroad  and  said  street  railway  pass,  wherever  such 
change  or  substitution  is  to  be  made;  and  if  any  such 
owner  or  occupant  shall  consider  himself  aggrieved  by  such 
operations,  and  if  the  parties  do  not  agree,  any  superior 
Judge  or  any  judge  of  the  Supreme  Court  shall,  upon  ap- 
plication for  that  purpose  by  either  party,  appoint  three 
disinterested  commissioners,  one  of  whom  shall  be  an  in- 
habitant of  the  town  where  the  land  affected  lies,  if  within 
Bennington  county,  and  all  of  whom  shall  be  inhabitants 
of  said  county,  who  shall  determine  what  damage,  If  any, 
such  owner  or  occupant  is  entitled  to  recover  by  reason 
of  operations  under  the  provisions  of  this  Act. 

Assessment  of  damages.  §  4.  The  commissioners  shall 
give  12  days'  notice  in  writing  to  the  parties  of  the  time 
and  place  when  and  where  they  will  attend  to  the  ascer- 
tainment of  such  damage.  If  either  party  resides  without 
this  State  and  has  some  known  agent  or  attorney  residing 
in  this  State,  such  notice  may  be  given  in  the  manner 
hereinbefore  provided  to  such  known  agent  or  attorney; 
and  if  such  party  residing  without  the  State  has  no  known 
agent  or  attorney  residing  within  this  State,  such  notice 
may  be  given  by  mailing  the  same  to  (he  last  known 
postoffice  address  of  such  party. 

Payment  of  damages  a  condition  precedent.  §  5.  When 
said  commissioners  have  determined  the  amount  of  such 
damages,  if  any,  they  shall  within  20  days  notify  each  party 
in  writing  of  their  findings.  Upon  the  payment  of  the 
damages  determined  upon  by  said  commissioners,  if  any, 
and  upon  payment  of  the  costs  and  charges  thereupon  ac- 
cruing, or  upon  deposit  of  the  amount  of  the  same  in 
such  bank  as  said  commissioners  may  direct,  to  the  credit 
of  the  person  or  persons  to  whom  the  damages  have  been 
awarded,  if  any,  said  Boston  &  Maine  Railroad  and  its 
successors  and  said  Bennington  &  North  Adams  Street 
Railway  Company,  or  any  other  corporation  hereafter  own- 
ing that  part  of  its  street  railway,  located  in  the  towns  of 
Bennington  and  Pownal,  may  conduct  operations  within 
the  limits  described  in  §  2  and  in  accordance  with  the 
provisions  of  this  Act. 

Appeal.  §  6.  Either  party  may,  within  30  days 
after  the  date  of  the  findings  of  said  commissioners,  ap- 
peal to  the  County  Court,  whose  decision  shall  be  final 
upon  the  report  of  said  commissioners.  No  appeal  shall 
be  taken  by  the  corporation  after  deposit  of  the  amount  of 
the  award,  nor  shall  appeal  be  taken  by  the  other  party 
after  acceptance  thereof. 

Appeal.  §  7.  The  Act  of  the  general  assembly  of  1910 
entitled,  "An  Act  Relating  to  the  Operation  of  Railways," 
approved  November  11,  1910,  is  hereby  repealed. 


1336 


National  Association  of  Railway  Commissioners 


In  effect  forthwith,  etc.  §  8.  This  Act  shall  take  effect 
from  its  passage,  and  shall  be  deemed  and  taken  to  be  a 
public  Act,  and  shall  be  construed  beneficially  for  the 
purposes  for  which  the  same  is  intended,  and  shall  at  all 
times  be  under  the  control  of  the  legislature  to  amend  or 
repeal  as  the  public  good  may  require. 
Approved  January  17,  1911. 

The  Act  of  1910,  repealed  by  §  7  of  article  365,  was  as 
follows: 

No.  146. 
An  Act  relating  to  the  operation  of  railways. 
It  is  hereJ)y  enacted  by  the  general  assembly  of  the  State 
of  Vermont: 

§  1.  Any  railroad  corporation  may  use  electricity  as  a 
motive  power  and  may,  to  such  extent  and  upon  such  parts 
of  its  railroad  as  the  public  service  commission  may  ap- 
prove, on  hearing,  after  notice  of  not  less  than  10  days  to 
the  selectmen  of  the  towns  through  which  said  electric  rail- 
way passes  permit  any  street  railway  company  ot  this  or 
an  adjoining  State  to  operate  cars  by  electricity  on  its  rail- 
road within  this  State,  and  any  street  railway  company 
may  use  steam  as  a  motive  power  upon  those  parts  of  its 
railway  located  outside  the  limits  of  public  highways, 
and  also  upon  such  other  parts  of  its  railways  as  shall  be 
approved,  on  hearing  had  after  notice  of  not  less  than  10 
days  to  the  selectmen  of  the  towns  through  which  said 
street  railway  passes  and  subject  to  such  regulations  as 
.  shall  be  imposed  by  the  public  service  commission  upon  like 
notice  and  hearing;  and  any  street  railway  company  may, 
with  the  approval  of  the  public  service  commission,  permit 
any  railroad  corporation  of  this  or  an  adjoining  State  to 
operate  its  trains  and  cars  over  any  parts  of  the  railway  of 
such  street  railway  company  in  this  State,  and  to  use  in 
such  operation  any  system  of  motive  power  which  such 
street  railway  company  is  or  may  be  authorized  to  use  on 
those  parts  of  its  railway  under  any  of  the  provisions  of 
this  Act. 

§  2.  During  the  time  that  an  electric  railway  uses 
steam  as  a  motive  power  under  the  provisions  granted  in 
the  preceding  section  it  shall  be  subject  to  all  provisions  of 
the  public  statutes  of  Vermont  that  relate  to  steam  rail- 
roads. 

§  3.     This  Act  shall  take  effect  from  its  passage. 
Approved  November  11,  1910. 
No.  288. 
An  Act  to  provide  for  a  union  depot  in  the  city  of  Burling- 
ton. 
/*  is  hereby  enacted  by  the  general  assembly  of  the  State 
of  Vermont: 
Commission  may  order  union  station.     §  1.     The  public 
service   commission   may,   on   petition,   order   the   railroad 
corporations  whose  railroads  connect  in  the  city  of  Bur- 
lington, to  establish  and  maintain  in  said  city,  a  union  pas- 
senger depot  if  said  commission  shall  judge  the  same  to  be 
necessary  for  the  reasonable  accommodation  of  the  public. 
Such   petition  shall   be  signed  by  10   or  more  freeholders 
of  said  city  of  Burlington,  and  shall  be  duly  served  upon 
the  said  corporation  and  a  hearing  thereon  given.     In  such 
order  said  commission  shall  specify  the  place,  the  kind  ot 
depot  or  statioin  to  be  built  and  maintained,  and  fix  the 
time  in  which  the  order  therefor  shall  be  complied  with. 
If  the  railroads  cannot  agree  thereon,  the  said  commission 
may  apportion  the  cost  thereof,   and  the   expense  of  the 
Biaintenance  and  operation  ot  the  same  between  the  sev- 
eral roads  and  determine  the  manner  in  which  it  shall  be 
maintained,  operated  and  used. 

City  states  the  expense.  §  2.  The  public  service  com- 
mission, in  apportioning  the  expense  of  building  such  depot, 
and  providing  land  and  approaches  thereto,  may  order  such 
proportion  of  the  original  cost  of  such  depot,  land  and 
approaches,  or  such  sum  of  money,  to  be  paid  by  said  city 
of  Burlington,  as  it  deems  just  and  proper  and  may  make 
its  order  for  the  establishment  of  such  depot  conditional 
upon  the  payment  by  said  city  of  Burlington  of  said  sum 
of  money,  or  such  proportion. 

Condemnation.  §  3.  Said  railroad  corporations  for  the 
purposes  of  such  depot  and  for  providing  suitable  ap- 
proaches thereto,  and  for  additional  tracks  made  necessary 
thereby,  may  severally  or  jointly  purchase  or  otherwise 
take,  condemn  and  hold  such  lands  within  said  city  of 
Burlington,  including  the  location  of  any  street  or  way, 
as  the  public  service  commission  determines  to  be  nec- 
essary. 


Joint  use  of  station.  §  4.  Either  of  said  railroad  com- 
panies may  extend  its  railroad  to  said  union  passenger 
depot  and  for  that  purpose  may  cross  or  unite  its  railroad 
with  the  other  said  railroad  in  the  same  manner  and  upon 
the  same  conditions  now  provided  by  law  for  the  cross- 
ing or  connecting  of  one  railroad  with  another  railroad. 

Appeal  to  Supreme  Court.  §  5.  The  proceedings  of  said, 
board  in  the  premises  as  to  notice,  hearing  and  orders  shall 
be,  as  near  as  may  be,  the  same  as  now  provided  by  law, 
but  any  person  or  corporation  who  is  a  party  to  such  pro- 
ceedings and  is  aggrieved  by  any  order  of  said  board  may 
appeal  from  such  order  to  the  Supreme  Court  and  the 
Supreme  Court  shall  have  equity  powers  in  the  premises, 
and  may,  upon  hearing,  revise,  modify  or  reverse  the  order 
of  the  commission,  and  tor  that  purpose  may  order  the 
taking  of  testimony  in  such  manner  as  they  may  deem  best. 

In  effect  forthwith.     §    6.     This  Act   shall   take  effec 
February  1,  1911. 

Approved  January  27,  1911. 

OBSTBUCTIOK   OF    CROSSINGS. 

§  1.  No  person  or  corporation  operating  a  railroad  li 
the  incorporated  village  of  Newport  shall,  either  in  the- 
making  up  of  trains  or  arranging  cars  therein,  "sbift  or 
shunt  cars  across  any  public  highway  at  grade  in  said 
village. 

§  2.  Any  person  or  corporation  operating  a  railroad  la 
said  village  of  Newport  who  shall  be  convicted  of  viola - 
ing  the  provisions  of  this  Act  shall  be  fined  not  less  thaa 
$20  nor  more  than  |50  for  each  offense. 

§  3.  The  Public  Service  Commission  may  for  good  cause 
shown  upon  application  of  any  person  or  corporation  ope  - 
ating  a  railroad  in  said  village  of  Newport  and  on  due  hea  - 
ing  excuse  any  such  person  or  corporation  from  the  n - 
quirements  of  §  1  of  this  Act  in  respect  to  designate  1 
crossings,  or  extend  the  time  within  which  such  perso  i 
or  corporation  shall  comply  with  the  requirements  of  sal  I 
section.  Such  hearing  shall  be  upon  10  days'  notice  to  tht 
State's  attorney  of  the  county  of  Orleans,  and  such  State  *_ 
attorney  shall  attend,  and  represent  the  public,  at  siWd" 
hearing.  • ! 

§  4.  This  Act  shall  take  effect  from  the  first  day  c  I 
June,  1911. 

Approved  January  21,  1911. 

UKMrRKAGi;. 

§  1.    No  railroad  or  transportation  company  doing  butil 
ness  in  this  State  shall  charge,  collect  or  receive  any 
murrage  charge  upon  any  car  placed  or  held  for  loading  i  a ' 
this  State  until  four  days,  not  including  Sundays  or  holi- 
days, after  it  shall  have  notified,  verbally  or  by  mail,  tl  e  ] 
consignor  that  such  car  is  held  or  has  been  placed  to  ksj 
use  according  to  the  order  previously  received. 

§  2.    This  Act  shall  take  effect  from  its  passage. 

Approved  January  21,  1911. 

WHKSTLES    AM)    BELLS. 

§1.  The  Public  Service  Commission,  upon  petition  of' 
three  or  more  freeholders  of  a  town,  city  or  village,  ard 
after  notice  to  the  railroad  corporation  and  a  public  hear- 
ing, may.  for  good  cause  shown,  by  an  order  in  writing, 
forbid  or  regulate  the  sounding  of  whistles  and  rlngii  g 
of  bells  on  the  locomotives  of  such  corporation  in  sa  d 
town,  city  or  village,  when  aproaching  or  at  or  near  a  spec  i- 
fled  station,  or  when  approaching  a  specified  grade  cross- 
ing of  such  corporation  with  any  highway  or  public  way. 

§  2.  The  corporation  which  is  subject  to  the  provisions 
of  such  order  shall  thereafter,  until  the  order  shall  ha'o 
been  modified  or  annulled  by  the  board,  conform  in  all  le- 
spects  to  the  terms  thereof. 

§  3.    This  Act  shall  take  effect  from  its  passage. 

Approved  January  27,  1911. 


d  to  ki 

dl 


LOCOMOTIVE   BOILERS. 

§  1.  The  Public  Service  Commission  may  make  and 
vise  regulations  for  testing  boilers  of  locomotives  used  jy 
railroad  corporations,  by  other  corporations,  and  by  p(!r- 
sons,  firms  or  associations  upon  any  railroad  or  rallwiy 
within  the  State,  and  every  person,  firm,  association  a  ui 
corporation  other  than  a  railroad  corporation  so  using  a 
locomotive  shall  inform  said  commission  in  writing  on  or 
before  June  30th  of  each  year  of  the  number  of  locomotives 
so  used  by  him  or  it,  together  with  the  length  of  track  of 
such  railroad  or  railway,  its  location  and  uses,  and  such 


Public  Service  Laws 


1337 


other  information  as  the  commission  may  require.  Tests 
under  regulations  made  as  aforesaid  shair,  If  possible,  be 
made  by  the  master  mechanic  of  the  corporation,  associa- 
tion, person  or  firm  which  constructs,  repairs  or  uses  the 
boiler  of  the  locomotive,  and  the  report  of  such  tests  shall 
be  in  form  satisfactory  to  the  commission.  A  corporation, 
association,  firm  or  person  using  a  locomotive  in  this  State 
the  boiler  of  which  has  not  been  tested  in  accordance  with 
the  provisions  of  this  section,  shall  be  punished  by  a  fine  of 
$20  for  every  day  after  notice  by  the  board  during  which 
such  use  continues. 

Approved  January  17,  1911. 

RAILROADS— TITLE  26. 
CHAPTER  188— GENERAL  PROVISIONS. 

"Railroad"  and  "railroad  corporations"  defined.  §  4324. 
The  words  "railroad"  and  "railroad  corporations,"  as  used 
in  this  title,  shall  apply  to  all  railroads  in  the  State, 
whether  operated  by  steam,  electricity  or  any  other  power. 

Railroad  corporations  subject  to  this  title.  §  4325.  Rail- 
road corporations  organized  or  incorporated  under  the  laws 
of  this  State  shall  be  subject  to  the  provisions  of  this  title 
so  far  as  consistent  with  their  respective  charters. 

Application  of  the  provisions  of  this  title.  S  4326.  The 
provisions  of  this  title  which  impose  upon  a  railroad  cor- 
poration any  duty,  obligation  or  liability  shall  apply  to  per- 
sons having  the  possession,  control  or  management  of  a 
railroad,  or  of  the  engines  and  cars  running  thereon,  as 
lessees,  assignees,  trustees  or  in  any  other  capacity. 

Adverse  possession  in  roadway  gives  no  title.  §  4327. 
No  person  shall  acquire  title  to  lands  belonging  to  a  rail- 
road corporation,  where  such  lands  lie  within  the  limits 
of  the  roadway  of  such  corporation,  as  recorded  in  the 
town  clerk's  office,  by  reason  of  adverse  possession. 

Btate  may  purchase  franchise  and  property.  §  4328.  The 
State  may,  at  any  time  during  the  continuance  of  the 
charter  of  a  railroad  corporation,  after  the  expiration  of 
20  years  from  the  opening  of  its  railroad  for  use,  purchase 
of  the  corporation  the  railroad,  and  the  franchise,  prop- 
ery.  rights  and  privileges  of  the  corporation,  by  paying  it 
therefor  such  sum  as  will  reimburse  the  amount  of  capital 
paid  in,  with  a  net  proflt  thereon  of  10  per  cent  per  annum 
from  the  time  of  the  payment  thereof  by  the  stockholders 
to  the  time  of  such  purchase. 

Contracts  between  corporations — Corporate  property. 
§  4329.  Railroad  corporations  in  this  State  may  make  con- 
tracts and  arrangements  with  each  other,  and  with  rail- 
road corporations  incorporated  under  the  laws  of  other 
of  the  United  States,  or  under  the  authority  of  the  Domin- 
ion of  Canada,  for  leasing  and  running  the  roads  of  the 
respective  corporations,  or  a  part  thereof,  by  either  of  their 
respective  corporations,  and  may  contract  for  and  hold  in 
■fee-simple  or  otherwise,  lands  or  buildings  in  this  or  other 
States  for  depot  purposes  and  storing  freight,  and  may 
purchase  and  hold  such  personal  property  as  Is  necessary 
and  convenient  for  carrying  into  effect  the  object  of  this 
section. 

Alien  corporation  not  to  hold  stock  in  domestic  corpo- 
ration. §  4330.  No  alien  railway  corporation  shall  be 
directly  or  Indirectly  interested  in  any  of  the  stock  of  a 
railroad  corporation  organized  under  the  laws  of  this  State 
after  May  5,  1898,  without  leave  of  the  general  assembly. 

Alien  corporation  not  to  control  domestic  corporation. 
§  4331.  No  alien  railway  corporation  shall,  by  itself  or 
through  others,  own  or  acquire  title  to  any  railroad,  or  the 
use  thereof,  or  have  anything  to  do  with  the  management 
or  control  of  a  railroad  in  this  State  without  leave  of  the 
general  assembly;  provided  nothing  in  this  section  shall 
apply  to  a  railroad  in  this  State  in  actual  control  and  man- 
agement of  any  such  alien  railway  corporation,  prior  to 
May  5,  1898. 

Court  of  chancery  may  enforce  two  preceding  sections. 
§  4332.  The  court  of  chancery,  on  information  of  the  State's 
attorney  of  any  county  through  which  the  road  runs,  shall 
have  full  power  and  authority  to  enforce  the  provisions  of 
the  two  preceding  sections,  by  writ  of  sequestration,  in- 
junction, receivership  or  any  other  appropriate  remedy. 

Rights  and  liabilities  not  affected.  §  4333.  Nothing  in 
this  title  shall  affect  rights  or  liabilities  accrued  prior  to 
December  1,  1850. 


Legislative  control.  §  4334.  The  provisions  of  this 
title  shall  at  all  times  be  subject  to  alteration,  amendment 
or  repeal  by  the  general  assembly. 

CHAPTER  189. 
INCORPORATION  UNDER  GENERAL  LAW. 

ABTICLES    OF    ASSOCIATION. 

General  reguisites.  §  4335.  Any  number  of  persons  not 
less  than  25,  a  majority  being  inhabitants  of  the  State,  may 
form  a  corporation  for  the  purpose  of  constructing,  main- 
taining and  operating  a  railroad  for  public  use  in  convey- 
ance of  persons  and  property,  and,  for  that  purpose,  may 
make  and  sign  articles  of  association,  stating  the  name  of 
the  corporation,  which  shall  be  a  name  not  in  use  by  an- 
other railroad  corporation  in  the  State,  the  places  from 
and  to  which  the  road  is  to  be  constructed  or  maintained 
and  operated,  the  length  of  such  road  as  near  as  may  be, 
and  the  name  of  each  town  and  county  through  or  into 
which  it  is  made,  or  intended  to  be  made;  the  amount  of 
the  capital  stock  of  the  corporation,  which  shall  be  divided 
into  shares  of  $100  each,  and  shall  be  not  less  than  $10,000 
for  every  mile  of  road  constructed  or  proposed  to  be  con- 
structed, and  the  number  of  shares  of  which  such  capital 
stock  shall  consist;  and  the  names  and  places  of  residence 
of  the  directors  of  the  corporation,  who  shall  be  chosen 
from  and  by  the  persons  subscribing  to  such  articles  of 
association,  and  shall  manage  its  affairs  for  the  first  year 
and  until  others  are  chosen. 

Subscribers.  §  4336.  Each  subscriber  to  the  articles  of 
association  shall  add  his  place  of  residence,  and  the  jium- 
ber  of  shares  of  stock  he  agrees  to  take  In  the  corporation; 
and  no  subscriber  shall  be  bound  to  pay  beyond  10  per  cent 
of  the  amount  of  his  subscription  until  a  corporation  is  es- 
tablished under  the  provisions  of  this  chapter. 

Filing  and  recording.  §  4337.  When  at  least  $5,000  of 
stock  for  every  mile  of  the  first  20  miles.  If  there  are  so 
many,  of  railroad  proposed  to  be  made  is  subscribed 
thereto,  and  $1,000  for  every  mile  thereafter,  and  10  per 
cent  paid  thereon  in  good  faith  and  in  cash  to  the  directors 
named  in  the  articles  of  association,  and  there  is  indorsed 
on  such  articles  or  annexed  thereto  an  affidavit  made  by  a 
majority  of  the  directors  named  therein,  that  such  amount 
of  stock  has  been  in  good  faith  subscribed,  and  10  per  cent 
paid  in  cash  thereon,  as  aforesaid,  and  that  it  is  intended 
in  good  faith  to  construct  or  to  maintain  and  operate  such 
railroad,  such  articles  of  association  with  the  indorsement 
and  affidavit  may  be  filed  in  the  office  of  the  secretary  of 
State,  who  shall  indorse  theron  the  date  when  the  same 
were  filed,  and  record  the  same  In  a  book  to  be  kept  for 
that  purpose  in  his  office. 

*Public  Service  Commission  must  approve  proposed  rail- 
road. §  4338.  Before  the  articles  of  association  are  thus 
filed,  the  persons  who  have  subscribed  them  shall  peti- 
tion the  Public  Service  Commission  to  hold  a  public  hear- 
ing in  the  county  where  the  proposed  corporation  Is  to  have 
its  principal  office,  to  determine  whether  the  construction 
of  the  proposed  railroad  will  promote  the  general  good 
of  the  State,  and  also  whether  they  have  complied  with 
the  provisions  of  the  statute  for  the  formation  of  a  rail- 
road corporation  by  voluntary  association.  Said  commis- 
sion shall  thereupon  appoint  a  time  and  place  in  such 
county  for  hearing  the  petition,  and  make  an  order  for  the 
publication  of  the  substance  of  the  petition  and  of  the 
time  and  place  of  the  hearing  three  weeks  consecutively 
in  a  newspaper  published  in  the  county,  or,  for  want 
thereof,  in  an  adjoining  county,  the  last  publication  to  be 
at  least  12  days  before  the  day  appointed  for  the  hearing. 
The  State's  attorney  of  the  county  shall  represent  the 
State  at  the  hearing.  If,  after  the  hearing,  said  commis- 
sion finds  and  adjudges  that  the  construction  of  the  pro- 
posed railroad  will  be  promotive  of  the  general  good  of 
the  State,  and  that  the  associates  have  complied  with  the 


*In  this  compilation  of  laws  from  the  Public  Statutes, 
wherever  the  words  "board  of  railroad  commissioners"  or 
the  words  "railroad  commissioners"  appear,  they  have  been 
changed  to  "public  service  commission,"  and  wherever  the 
word  "board"  is  used,  referring  to  the  board  of  railroad 
commissioners,  it  has  been  changed  to  "commission,"  as 
provided  in  No.  116  of  the  Acts  of  1908. 


1838 


National  Association  of  Railway  Commissioners 


provisions  of  the  statute  for  the  formation  of  a  railroad 
corporation  by  voluntary  association,  it  shall  give  the  asso- 
ciates a  certificate,  under  its  hand  and  seal,  to  that  effect, 
which  shall  be  attached  to  and  be  recorded  with  the  arti- 
cles of  association  by  the  secretary  of  State. 

Corporate  poicers.  §  4339.  Thereupon  the  persons  who 
have  so  subscribed  and  persons  who  become  stockholders 
in  the  company  shall  be  a  corporation  in  fact  and  in  name 
by  the  name  specified  in  such  articles;  and  as  such  may 
have  succession  by  such  corporate  name  for  the  period  lim- 
ited in  such  articles,  or  perpetually  if  no  period  is  limited; 
may  sue  and  be  sued,  complain  and  defend  in  courts  of  law 
or  equity;  may  have  and  use  a  common  seal,  and  alter  the 
same  at  pleasure;  may  lay  out,  construct  and  maintain  for 
public  use  in  the  conveyance  of  persons  and  property,  a 
railroad  on  the  line  designated  in  such  articles  of  asso- 
ciation, may  take,  hold,  purchase,  use  and  convey  such  real 
and  personal  estate  as  is  necessary  for  the  construction, 
maintenance  and  accommodations  of  such  railroad,  and  its 
necessary  structures,  and  as  the  purposes  of  the  corpora- 
tion require,  not  exceeding  the  amount,  if  any,  limited  in 
such  articles  or  its  by-laws;  may  take  and  convey  persons 
and  property  on  such  railroad  by  the  power  of  steam  or  of 
animals,  or  by  any  mechanical  power,  and  receive  compen- 
sation therefor,  subject  to  regulations  provided  by  law; 
may  erect  and  maintain  convenient  and  necessary  build- 
ings, stations,  fixtures  and  machinery  for  the  accommoda- 
tion of  the  passengers,  freight  and  business  on  such  rail- 
road; may  regulate  the  time  and  manner  in  which  passen- 
gers and  property  shall  be  transported  on  such  railroad 
subject  to  regulations  provided  by  law;  may  appoint  such 
subordinate  officers  and  agents  as  the  business  of  the  cor- 
poration requires,  and  allow  them  a  suitable  compensation; 
and  may  make  by-laws,  not  inconsistent  with  law  for  the 
management  of  the  property  of  the  corporation,  the  regula- 
tion of  its  affairs,  and  the  transfer  of  its  stock;  and  shall 
be  deemed  to  be  a  railroad  company  or  corporation,  incor- 
porated under  the  authority  of  the  State,  and  as  such  shall 
have  the  powers,  rights,  franchises  and  privileges  granted 
to  or  vested  in  railroad  companies  or  corporations  by  law, 
and  shall  be  subject  to  the  provisions  of  law  which  affect 
railroad  companies  or  corporations. 

Change,  of  location,  i  4340.  In  the  final  location  of 
such  railroad,  a  necessary  or  reasonable  change  of  line 
may  be  made,  although  by  such  change  the  line  passes 
into  towns  not  named  in  the  articles  of  association,  or 
does  not  pass  through  some  of  those  named  in  such  articles, 
while  the  general  route  and  direction,  and  the  terminal 
points  mentioned  are  observed;  but  such  change  in  the 
line  shall  not  be  made  by  the  corporation  if  it  violates 
the  conditions  of  the  vote  of  a  town,  or  of  some  subscrip- 
tion to  render  aid  in  the  constuction  of  such  railroad,  unless 
the  assent  of  such  town  or  of  the  party  making  such  con- 
dition or  subscription  is  first  obtained. 

Same— Effect— Change  in  route  to  he  filed.  §  4341.  The 
description  of  route  made  on  the  preliminary  survey  for 
such  railroad,  notwithstanding  such  necessary  or  reason- 
able change  of  line  in  the  final  location,  shall  be  deemed 
a  sufficient  compliance  with  this  chapter;  and  such  change 
of  line  shall  not  invalidate  the  articles  of  association  of 
such  corporation;  and  the  route  as  changed  shall  be  filed 
with  the  secretary  of  State  as  an  amendment  of  the 
original  articles  of  association. 

Opening  books  of  subscription — First  payment.  §  4342. 
When  such  articles  of  association,  certificate  and  affidavit 
are  so  filed  and  recorded  in  the  office  of  the  secretary  of 
State,  the  directors  may,  if  the  whole  of  the  capital  stock 
of  the  corporation  is  not  subscribed,  open  books  of  subscrip- 
tion to  fill  up  the  capital  stock  in  such  places,  after  giving 
such  notice  as  they  deem  expedient,  and  may  continue 
to  receive  subscriptions  until  the  whole  capital  stock 
is  subscribed.  At  the  time  of  subscribing,  every  subscriber 
shall  pay  in  money  to  the  directors  10  per  cent  of  the 
amount  subscribed  by  him;  and  no  subscription  shall  be 
received  or  taken  without  such  payment. 

One  vote  to  a  share— Proxies.  §  4343.  Every  holder  of 
stock  in  a  corporation  organized  under  this  chapter  shall 
be  entitled  to  one  vote,  in  person  or  by  proxy,  on  each 
share  of  stock  held  by  him,  but  he  shall"  not  vote  for  any 
shares  beyond  one  tenth  part  of  the  whole  number  of 
shares  of  stock  of  the  corporation. 


Railroads  cannot  subscribe.  §  4344.  No  other  railroad 
corporation  shall  subscribe  for,  take  or  hold,  directly  or 
indirectly,  stock  or  bonds  of  a  railroad  corporation  organ- 
ized under  this  chapter,  unless  specially  authorized  by 
the  general  assembly. 

Majority  of  directors  to  reside  in  this  State.  §  4345.  A 
majority  of  the  directors  of  a  railroad  organized  under  this 
chapter  shall  be  inhabitants  of  the  State. 

Building  of  road — Commencement — Completion.  §  4346. 
If  a  corporation  formed  under  this  chapter  does  not,  within 
18  months  after  its  articles  of  association  are  filed 
in  the  office  of  the  secretary  of  State,  begin  the  construc- 
tion of  its  railroad  and  expend  thereon  5  per  cent  of  the 
amount  of  its  capital  stock,  or  does  not  finish  its  railroad 
and  put  it  in  operation  in  seven  years  from  the  time  of 
filing  its  articles  of  association,  its  corporate  existence 
shall  cease,  except  as  to  so  much  of  the  road  as  has  been 
completed. 

Kecord  required  before  taking  land.  §  4347.  Before  a  cor- 
poration formed  under  this  chapter  commences  proceedin|;s 
for  the  purpose  of  acquiring  title  to  real  estate  or  an  in- 
terest therein,  it  shall  cause  a  copy  of  the  record  of  its 
articles  of  association,  of  the  affidavit  annexed  thereto  and 
of  the  certificate  of  the  public  service  commission  made  la 
the  office  of  the  secretary  of  State,  and  certified  to  be  a 
true  copy  by  said  secretary,  to  be  filed  and  recorded  la 
the  office  of  the  clerk  of  the  county  in  which  such  real 
estate  is  situated.  This  section  shall  not  prevent  a  corpo- 
ration from  taking  and  holding  voluntary  grants  of  res  1 
estate  made  to  it,  to  aid  in  the  construction,  maintename 
and  accommodation  of  its  railroad;  but  such  real  estate 
shall  be  held  and  used  for  the  purposes  of  such  gra 
only. 

imcrka.sk  of  capital  stock. 

Sanction  required.  §  4.S48.  If  the  capital  stock  o; 
corporation  formed  under  this  chapter  is  found  to  be  li  - 
sufficient  for  constructing  and  operating  its  railroad,  tb3 
corporation  may  increase  the  stock  from  time  to  time  t  > 
any  amount  required  for  the  purposes  aforesaid;  but  sue  i 
increase  must  be  sanctioned  by  a  vote  of  two-thirds  1 1 
amount  of  all  the  stock  represented,  at  a  meeting  of  th  a 
stockholders  called  by  the  directors  of  the  corporation 
that  purpose. 


Same — Xotice  of  meeting.  §  4349.  Notice  in  writing  i 
such  meeting  shall  be  given  to  each  stockholder  persoi  - 
ally,  or  be  addressed  to  him  by  mail  post-paid,  at  the  pos  ■ 
office  nearest  his  usual  place  of  residence,  at  least  10  day^ 
prior  to  the  meeting.  The  notice  shall  state  the  time  an  1 
place  of  the  meeting,  its  object,  and  the  amount  to  whlc  i 
it  is  proposed  to  increase  the  capital  stock. 

Kecord  of  proceedings.  S  4350.  The  proceedings  (  f 
such  meeting  shall  be  entered  in  the  records  of  the  co  - 
poration,  and  a  copy  of  the  record  thereof,  certified  by  th } 
president  and  clerk  and  a  majority  of  the  directors  c  f 
the  corporation,  shall  be  filed  and  recorded  in  the  offlcs 
of  the  secretary  of  State;  and  thereafter  the  capita]  stoc  c 
of  the  corporation  may  be  increased  to  the  amount  san'  - 
tioned  by  such  vote. 


C.KXKKAL   PHOVIS10X.S. 


ii 


Copies  of  articles — Affidavit  and  certificate — Evidenc  \ 
§  4351.  A  copy  of  the  articles  of  association,  and  of  the  afl  - 
davit  endorsed  thereon  or  annexed  thereto  as  aforesaid, 
with  the  certificate  of  the  public  service  commission,  filed 
and  recorded  in  the  office  of  tlie  secretary  of  State,  or  of  the 
record  of  the  articles  of  association  and  affidavit,  with  the 
certificate  of  said  commission,  certified  to  be  a  copy  ty 
said  secretary,  shall  be  presumptive  evidence  in  any 
court  of  the  incorporation  of  the  company,  and  of  the  faci  s 
therein  stated;  and  a  copy  of  the  record  of  the  same  mace 
in  the  office  of  the  county  clerk,  as  provided  in  this  cha  )- 
ter,  certified  to  be  a  copy  by  such  clerk,  shall  have  tte 
same  effect. 

Legislative  control.  §  4352.  The  general  assembly  nu.y 
alter,  amend  or  repeal  this  chapter  or  any  part  thereof, 
or  may  annul  or  dissolve  a  corporation  formed  under  ir,; 
but  such  alteration,  amendment,  repeal,  annulment  or  dis- 
solution shall  not  impair  a  remedy  given  against  such  cor- 
poration, its  stockholders  or  officers,  for  liabilities  previ- 
ously incurred. 


Public  Service  Laws 


1339 


CHAPTER  190. 
ORGANIZATION,  STOCK,  BONDS  AND  MORTGAGES. 

CENERAL   PROVISIONS. 

Railroad  corporation  a  body  corporate  as  soon  as  char- 
tered. §  4353.  A  railroad  corporation  shall  be  a  body  cor- 
porate and  politic,  from  the  passing  ot  the  Act  of  incor- 
poration, so  far  as  to  authorize  it,  after  organization,  to 
enforce  the  payment  of  subscriptions  to  its  capital  stock, 
and  the  performance  of  contracts  for  the  conveyance  of 
real  estate  for  the  purposes  of  the  road,  although  such  sub- 
scriptions and  contracts  may  have  been  made  prior  to  the 
organization. 

Route  to  be  designated  in  charter.  S  4354.  Every  Act 
ot  incorporation  of  a  railroad  corporation  shall  specify  the 
towns  through  which  it  may  pass,  and  shall  further  desig- 
nate the  route  on  which  the  road  is  to  be  made  with  as 
much  certainty  as  possible  in  each  case. 

STOCK    HUHSOKIPTIOXS    AXI)    VOTES. 

Opening  books  of  subscription,  i  4355.  The  commis- 
sioners for  opening  books  of  subscription,  named  in  an  Act 
of  incorporation,  shall,  from"  time  to  time,  after  the  com- 
pany is  incorporated,  open  books  of  subscription  to  the 
capital  stock  of  the  corporation,  in  such  places  and  after 
giving  such  notice  as  a  majority  of  them  direct;  and  such 
books  shall  be  kept  open  until  the  capital  stock  is  sub- 
scribed, if  the  corporation  exists  so  long. 

Stock  distributed  if  subscriptions  exceed  it.  S  4356.  If 
more  stock  is  subscribed  than  the  whole  capital  stock  of 
the  corporation,  the  commissioners  shall  distribute  such 
capital  stock  as  equally  as  possible  among  the  subscribers, 
but  no  share  shall  be  divided,  nor  shall  a  greater  number 
of  shares  be  allotted  to  a  subscriber  than  he  has  sub- 
scribed for. 

First  payment — Security  for  further  payments.  S  4357. 
At  the  time  a  person  subscribes  for  stock,  he  shall  pay  the 
commissioners  5  per  cent  on  the  amount  subscribed  by 
him,  and  shall,  if  required  by  the  commissioners,  give  se- 
curity to  their  satisfaction  for  the  payment  of  $15  more 
on  each  share,  in  such  installments  as  are  ordered  by  the 
corporation. 

Subscriptions  to  be  absolute.  §  4358.  Subscriptions  for 
stock  shall  be  payable  absolutely,  and  no  secret  agreement, 
nor  any  understanding  or  condition  not  inserted  in  the 
terras  of  the  subscription,  shall  affect  the  right  of  the 
corporation  to  enforce  payment  thereof. 

Subscribers  are  members — Right  to  vote.  ^  4359.  Each 
subscriber  for  stock  shall  be  a  member  of  the  corporation 
and  at  all  meetings  thereof  shall  be  entitled  to  one  vote 
for  each  share  of  stock  held  by  him;  but  he  shall  not  vote 
tor  any  shares  beyond  cne-tenth  of  the  whole  number  of 
shares  of  stock  of  the  corporation. 

Preceding  section  applies  to  all  stockholders,  i  4360. 
The  provisions  of  the  preceding  section  shall  apply  to  all 
railroad  corporations  which  have  been  or  shall  hereafter 
be  organized  under  the  general  law,  or  under  special  Acts 
of  incorporation. 

(lOVERXMEXT.    MEETINCS,    AM)   ELECTIO.X    OF  OFFICEHS. 

Board  of  directors.  §  4361.  The  immediate  govern- 
ment of  the  affairs  of  such  corporation  shall  be  vested 
in  a  board  of  not  less  than  five  directors,  who  shall  be 
chosen  by  the  members  of  the  corporation,  and  shall  hold 
their  offices  until  others  are  elected. 

Election  of  first  board.  S  4362.  As  soon  as  practicable 
after  the  stock,  or  such  portion  thereof  as  is  prescribed  in 
the  Act  of  incorporation,  is  subscribed,  the  commissioners 
to  receive  subscriptions  shall  give  at  least  10  days'  notice 
for  the  meeting  of  the  stockholders,  at  such  time  and 
place  as  they  appoint,  for  the  choice  of  directors,  by  pub- 
lishing the  same  in  such  newspapers  as  they  direct;  and 
such  election  shall  then  be  made  by  ballot  by  the  stock- 
holders who  attend  either  in  person  or  by  proxy. 

San^e— Proceedings.  S  4363.  The  commissioners  shall 
be  inspectors  of  the  first  election  of  directors,  shall  openly 
count  the  votes  and  declare  the  result,  and  shall  certify 
the  names  of  those  duly  elected,  and  deliver  to  said  direct- 
ors the  moneys  received  by  said  commissioners  on  sub- 
scriptions to  the  capital  stock,  and  the  books  and  papers 
In  their  possession  relating  to  such  subscriptions.  The 
time  and  place  for  the  first  meeting  of  the  directors  shall 
be  fixed  by  said  commissioners. 


Directors  to  be  elected  annually.  §  4364.  A  new  elec- 
tion of  directors  shall  be  made  annually,  at  such  time  and 
place  and  upon  such  notice  as  is  designated  in  the  by- 
laws of  the  corporation;  but  if  the  by-laws  contain  no 
provisions  upon  the  subject,  then  at  such  time  and  place 
and  upon  such  notice  as  the  directors  designate. 

Directors  not  elected  on  day  fixed,  further  time  given. 
§  4365.  If  an  election  of  directors  is  not  made  on  the  day 
designated  in  the  by-laws  of  a  railroad  corporation,  the 
corporation  for  that  reason  shall  not  be  dissolved  if,  within 
90  days  thereafter,  it  holds  an  election  for  directors  in  such 
manner  as  is  provided  in  the  by-laws. 

Meetings.  §  4366.  Meetings  shall  be  called  and  notified 
as  provided  in  the  by-laws  of  the  corporation. 

President  —  Clerk  —  Treasurer — Bonds  —  Majority  of  di- 
rectors -may  act.  S  4367.  The  directors  shall  elect  one  of 
their  number  president  of  the  board,  who  shall  also  be  pres- 
ident of  the  corporation;  and  they  may  choose  a  clerk,  who 
shall  be  sworn,  and  a  treasurer,  and  such  subordinate  offi- 
cers as  the  corporation  in  its  by-laws  designates,  who  shall 
give  bonds  to  the  corporation  in  such  sum  as  is  required  In 
the  by-laws,  conditioned  for  the  faithful  discharge  of  the 
duties  of  their  offices.  A  majority  of  the  directors  shall 
form  a  board  and  may  transact  the  business  of  the  corpo- 
ration. 

Returns  to  secretary  of  state.  §  4368.  A  railroad  corpo- 
ration doing  business  in  this  State  shall  annually,  on  the 
first  day  of  .January,  lodge  with  the  secretary  of  State  the 
name  of  its  clerk  and  treasurer,  and  their  place  of  business 
within  this  State. 

Treasurer  and  clerk  to  reside  and  keep  books  in  this 
State.  §  4369.  The  treasurer  and  clerk  of  a  railroad  cor- 
poration shall  be  residents  of  this  State,  except  when  other- 
wise specially  provided  by  law;  and  the  offices  of  the 
treasurer  and  clerk,  and  the  books  and  papers  belonging 
to  such  offices,  shall  be  kept  in  the  State,  except  when 
temporarily  removed  and  detained  without  the  State  by 
order  of  a  judge  of  the  Supreme  Court  to  be  used  in  evi- 
dence in  suits  actually  pending  in  a  neighboring  State, 
and,  in  such  case,  to  be  detained  only  during  the  term 
of  court  at  which  such  suit  is  to  be  tried. 

Neglect  to  comply  with  two  preceding  sections — Pen- 
alty. §  4370.  If  a  railroad  corporation  neglects  to  comply 
with  the  provisions  of  the  two  preceding  sections,  it  shall, 
for  every  day's  neglect,  forfeit  to  the  State  $10,  to  be 
recovered  in  an  action  on  this  statute  in  any  county,  in 
the  name  of  the  State  treasurer,  who  shall  prosecute  for 
the  same. 

PREFERRED    AX»    GUARANTEED    STOCK    AND    INCREASE    OF    STOCK. 

Issue  of  preferred  stock.  §  4371.  A  railroad  corpora- 
tion may  issue  preferred  capital  stock,  in  shares  of  not 
less  than  $50  each,  to  have  preference  over  the  common 
capital  stock  of  such  corporation,  in  dividends  to  be  made 
out  of  the  profits  of  the  business,  not  exceeding  7  per 
cent  per  annum,  for  the  purpose  of  paying,  discharging, 
retiring  or  exchanging  an  outstanding  claim,  lien,  mort- 
gage or  encumbrance  against  such  corporation,  or  upon 
its  projierty,  if  the  stockholders  thereof  at  a  meeting 
called  for  that  purpose,  by  a  vote  of  at  least  two-thirds 
in  amount  of  the  shares  of  such  corporation  represented 
or  voted  upon   at  such  meeting,  order  such  issue. 

Same — Notice  of  meeting.  §  4372.  Notice  of  such  meet- 
ing shall  be  published  once  a  week  for  three  successive 
weeks  in  a  newspaper  published  in  the  city  of  St.  Albans, 
and  in  a  newspaper  published  in  the  city  of  Rutland,  and 
for  six  successive  days  in  one  or  more  daily  newspapers 
published  in  each  of  the  cities  of  New  York  and  Boston. 

Original  stockholders  have  first  right  to  take  preferred 
stock.  §  4373.  The  original  stockholders  in  such  corpora- 
tion shall  have  the  first  right  to  take  such  preferred 
stock  in  proportion  to  the  amount  of  original  stock 
owned  by  them. 

Holders  of  such  stock  can  vote  or  hold  office.  S  4374. 
The  holders  of  such  preferred  stock  shall  have  the 
same  right  to  vote  at  stockholders'  meetings  as  the 
holders  of  the  common  stock  of  such  corporation,  and 
shall   be  equally  qualified  to  be  officers  thereof. 

Issue  of  guaranteed  stock.  S  4375.  Railroad  corpora- 
tions, for  the  purpose  of  building  or  furnishing  their  re- 
spective roads,  or  the  payment  of  their  just  debts,  may, 
when    authorized    to    do    by    a   vote    of   the    stockholders 


1340 


National  Association  of  Railway  Commissioners 


at  a  meeting  called  for  that  purpose,  issue  stock,  guar- 
anteeing thereon  a  certain  dividend  not  exceeding  8 
per  cent  per  annum,  for  such  time  as  they  deem 
expedient;  and  such  guaranty  shall  be  binding  on  the 
corporation. 

New  stock — Shares  to  be  sold  at  par.  §  4376.  No  rail 
road  corporation  authorized  by  its  charter  to  increase  its 
capital  stock  shall  issue  shares  for  a  less  amount  to 
be  paid  in  on  each,  than  the  par  value  of  the  shares  in 
the  original  stock  of  the  corporation,  unless  all  the  stock- 
holders in  the  corporation  agree,  in  writing,  that  such 
shares  may  be  issued  for  a  less  amount. 

SHAKES    AND    ASSESSJIE.NTS. 

Shares  are  personality — Transfers — Attachment.  §  4377. 
The  shares  of  the  capital  stock  of  a  railroad  corpora- 
tion shall  be  personal  estate,  and  may  be  transferred 
by  any  conveyance  in  writing,  as  provided  in  the  by-laws 
of  the  corporation,  and  shall  be  liable  for  the  attachment 
and  sale  under  legal  process,  as  provided  by  law  for 
the  attachment  and  sale,  under  process,  of  the  shares 
of  capital  stock  of  private  corporations. 

Assessments — Notice.  §  4378.  The  president  and  direc- 
tors of  a  railroad  corporation  may,  from  time  to  time, 
make  such  equal  assessments  on  the  shares  of  capital 
stock  as  they  deem  necessary  for  the  purposes  of  the 
corporation,  but  not  to  a  greater  amount  than  the  sum 
at  which  the  shares  are  fixed  by  its  charter,  or  by  the 
vote  or  agreement  of  the  stockholders,  and  may  direct 
the  same  to  be  paid  to  the  treasurer,  who  shall  give 
notice  thereof  to  the  stockholders,  either  personally, 
or  by  mall,  or  by  publication  In  such  newspaper  as  the 
directors  designate. 

Sale  of  shares  to  pay  assessments.  §  4379.  If  a  stock- 
holder does  not  pay  his  assessment  within  30  days  after 
such  notice,  the  directors  may  order  the  treasurer,  after 
giving  notice  of  the  sale,  to  sell  the  shares  of  such 
stockholder  at  public  auction  to  the  highest  bidder,  and 
the  same  shall  be  transferred  to  the  purchaser. 

Stockholder  liable  for  deficiency — Entitled  to  surplus. 
§  4380  If  such  shares  do  not  sell  for  a  sum  sufficient  to 
pay  the  assessment,  with  the  interest  and  charges  of 
sale,  the  delinquent  stockholders  shall  be  liable  to  the 
corporation  for  the  deficiency;  and  if  they  sell  for  more 
than  the  assessment  so  due,  with  interest  and  charges 
of  sale,  he  shall  be  entitled  to  the  surplus  remaiping 
after  the  sale. 

Purchasers  liable  for  subsequent  assessments.  §  4381. 
The  purchasers  and  owners  of  the  shares  so  purchased 
shall  be  liable  for  subsequent  assessments  thereon,  and 
payment  thereof  may  be  enforced  as  provided  in  the 
two  preceding  sections. 

nONDS,    MOBTGAGES    AND   LEASES. 

Corporation  may  issue  and  secure  bonds.  §  4382.  A  rail- 
road corporation,  it  it  so  votes  at  a  meeting  of  its 
stockholders  called  for  that  purpose,  may  issue  its 
notes  or  bonds  in  sums  not  less  than  $100  to  raise  money 
or  to  extinguish  any  debt  or  liability  of  the  corporation, 
on  time  not  to  exceed  30  years,  and  at  a  rate  of  interest 
not  to  exceed  7  per  cent,  and  may  secure  them  by  a 
mortgage  of  its  road  or  other  property  which  it  owns 
and   any   interest   in    railroad   property. 

Lien  on  two  railroads,  either  may  issue  bonds  to  pay. 
§  4383.  When  a  lien  is  an  encumbrance  upon  two  rail- 
roads, the  corporation  owning  either  road  may  issue 
its  notes  or  bonds  for  the  purpose  of  extinguishing  such 
lien  and  compromising  disputes,  on  the  same  time  and 
at  the  same  rate  of  interest  as  provided  in  the  pre- 
ceding section,  and  the  same  may  be  secured  by  a 
mortgage  upon  either  or  both  of  such  roads  if  the 
stockholders  of  the  respective  corporations  shall  so  vote 
at  a  meeting  called  for  that  purpose. 

Bonds  valid  though  sold  at  less  than  par.  |  4384.  Bonds 
or  notes  Issued  by  such  corporation,  corivorations,  or  by 
the  trustees  and  managers  of  railroad  property  shall 
be  valid  and  collectible  in  law  although  negotiated  and 
sold  by  such  corporation,  corporations  or  trustees  and 
managers  at  less  than  par. 

Bonds — Issue — Term — Rate.  §  4385.  A  domestic  or  for- 
eign railroad  corporation  owning  railroad  property  in  this 
State    may    Issue    Its    bonds    on    time    not    exceeding    lOO 


years  and  at  a  rate  of  interest  not  exceeding  6  per  cent, 
for  any  purpose,  upon  a  majority  vote  of  its  stockholders 
voting  at  a  meeting  duly  called  for  that  purpose. 

Mortgages  to  secure  bonds.  I  4386.  Any  s\ich  railroad 
corporation  may  mortgage  its  road,  franchise  and  any 
other  property  it  owns,  or  in  which  it  is  interested, 
to  secure  its  bonds,  or  the  bonds  of  any  other  railroad 
or  transportation  corporation  within  or  without  this 
State,  upon  a  majority  vote  of  its  stockholders  voting 
at  any  meeting  duly  called  for  that  purpose. 

Record  of  mortgages  and  leases — Copies.  §  4387.  Mort- 
gages and  leases  of  railroads,  and  assignments  thereof, 
shall  be  recorded  in  the  office  of  the  clerk  of  each  county 
through  which  the  road  passes,  instead  of  the  office  of 
the  town  clerks;  and  the  same  when  so  recorded,  and 
copies  of  such  records,  shall  have  the  same  effect  as 
if  recorded  in  the  offices  of  the  clerks  of  the  towns 
through   which  such   road   passes. 

Mortgages  of  franchise  and  rolling  stock.  §  4388.  Mort- 
gages of  railroad  franchises,  furniture,  cars,  engines  and 
rolling  stock,  when  properly  executed  and  recordecl, 
shall  vest  in  the  mortgagee  a  mortgage  interest  in  and  lien 
upon  such  property,  without  delivery  or  change  of  possei,- 
sion;  and,  for  the  purpose  of  mortgage,  all  such  property 
shall  be  deemed  part  of  the  realty.  This  section  shall 
not  prevent  such  furniture,  cars,  engines  and  rolling 
stock  from  being  attached  by  a  person  having  a  claim 
against  the  corporation  owning  such  property,  for  an  ir- 
jury  sustained  on  its  road  by  negligence  of  the  corpc- 
ration,  or  for  services  rendered,  or  tor  materials  fui- 
nished  to  keep  such  road  in  repair  or  to  run  the  sam€. 
or  for  liabilities  as  common  carriers,  or  for  the  los ; 
of  property  while  in  the  possession  of  such  corporation 
and  such  property,  when  so  attached,  may  be  taken,  heh 
and  disposed  of  as  though  such  property  had  not  beei 
mortgaged.  ; 

CO.\DlTIO.\AL   SALE    OR   LEASE   OF   B.4.ILB0AD   EQUIPMENT.      .| 

Lien  for  purchase  money— Execution — Filing  for  recort 
— Marking  of  engines  and  cars.     §  4389.     In  a  contract  lo; 
the    sale    of    railroad    or    street    railway    equipment    < 
rolling   stock,   it   shall   be   lawful   to   agree   that   the   titl 
to   the   proi>erty   sold   or   contracted   to   be   sold,   althoug 
possession    thereof   may    be   delivered   immediately,   or  ) 
any    time    or    times    subsequently,    shall    not    vest   in   tl 
purchaser    until    the    purchase    price    shall    be    fully    pal 
or   that   the   seller   shall   have   and   retain   a   lien   therea 
for   tiie   unpaid   purchase   money;    and,   in   a   contract   foi 
the  leasing  or  hiring  of  such  property,  it  shall  be  lawfu 
to  stipulate  for  a  conditional  sale  thereof  at  the  termina 
tion   of   such   contract,   and   that   the   rentals   or   amounts 
to  be  received  under  such  contract  may,  as  paid,  be  ap 
plied   and   treated  as   purchase  money,  and   that  the  titlt 
to    the    property    shall    not    vest    in    the   lessee   or   baile« 
until  the  purchase  price  has  been  paid  in  full,  and  unti: 
the    terms    of    the    contract    have    been    fully    performed 
notwithstanding   delivery   to   and   possession   by   such   les 
see    or   bailee;    provided   that   no   such   contract   shall   b* 
valid    aa    against    a    subsequent   judgment    creditor,    or    a 
subsequent    bona    fide    purchaser    for    value    and    without 
notice,   unless: 

I.  The  same  shall  be  evidenced  by  an  in8trumei_ 
executed  by  the  parties  and  duly  acknowledged  by  tht 
vendee,  lessee  or  bailee,  as  the  case  may  be,  or  dulj 
proved,  before  some  person  authorized  by  law  to  tak€ 
acknowledgment  of  deeds,  and  in  the  same  mannei 
as   deeds   are   acknowledged   or   proved. 

II.  Such   instrument  shall   be   filed   for  record   in  tl 
office  of  the  secretary  of  State. 

III.  Each  locomotive  engine  or  car  so  sold,  leased 
or  hired,  or  contracted  to  be  sold,  leased  or  hired  as 
aforesaid,  shall  have  the  name  of  the  vendor,  lessor  oi 
bailor  plainly  marked  on  each  side  thereof,  followed  bj 
the  word  "owner,"  or  "lessor,"  or  "bailor,"  as  the  c.  '~ 
may  be. 

Record— Discharge— Fees.  |  4390.  The  contracts  author 
ized  by  the  preceding  section  shall  be  recorded  by  the 
secretary  of  State  in  a  book  of  records  to  oe  kept  for  that 
purpose.  On  judgment  in  full  of  the  purchase  money,  and 
the  performance  of  the  terms  and  conditions  stipulated  in 
any  such  contract,  a  declaration  in  writing  to  that  effect 
may  be  made  by  the  vendor,  lessor  or  bailor,  or  his 
or  its  assignee.     Such   declaration  may  be  made  on  the 


Ut        1 

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PuBLio  Sebvioe  Laws 


1341 


margin  of  the  record  of  the  contract,  duly  attested,  or 
it  may  be  made  by  a  separate  instrument,  to  be  ac- 
Ifnowledged  by  the  vendor,  lessor  or  bailor,  or  his  or 
Its  assignee,  and  recorded  as  aforesaid.  For  such  serv- 
ices, the  secretary  of  State  shall  be  entitled  to  a  fee 
of  $2  for  recording  each  of  such  contracts  and  each 
of  such  declarations,  and  a  fee  of  $1  for  noting  such 
declaration  on  the  margin  of  the  record. 

Former  contract — Validity — Record.  §  4391.  The  two 
preceding  sections  shall  not  be  held  to  invalidate  or 
affect  in  any  way  any  contract  of  the  kind  referred  to 
in  the  second  preceding  section,  made  prior  to  February 
1,  1895,  and  any  such  contract  made  before  such  date 
may,  upon  compliance  with  the  provisions  of  the  two 
preceding  sections,  be  recorded  as  provided  in  the  pre- 
ceding section. 

CHAPTER  191. 
CONSTRUCTION  AND  OPERATION  OF  THE  ROAD. 

SURVEY    AND    LOCATION. 

Entry  upon  lands  for  preliminary  survey.  §  4392.  A 
railroad  corporation  may  cause  such  examinations  and 
surveys  for  a  proposed  railroad  to  be  made,  as  are  neces- 
sary for  the  selection  of  the  most  advantageous  route, 
and  for  such  purpose  by  its  officers,  agents  and  servants, 
may  enter  upon  lands  or  waters  of  a  person,  subject 
to  liability  for  actual  damages;  but  they  shall  make 
no  entry  for  other  purposes  without  the  consent  of  the 
owner  until  the  damages  are  agreed  upon  by  the 
parties  or  ascertained  and  paid  to  the  owner  or  deposited 
as  hereinafter  provided. 

Location  of  road  to  be  recorded.  §  4393.  Before  a  rail- 
road corporation  commences  proceedings  for  the  purpose 
of  acquiring  title  to  real  estate  or  an  interest  therein 
and  within  two  years  from  the  passage  of  its  act  of 
incorporation  it  shall  cause  the  location  of  its  road, 
signed  by  a  majority  of  the  directors,  defining  the 
courses,  distances  and  boundaries  of  the  same  in  each 
town  through  which  it  passes,  to  be  recorded  in  the 
respective  clerks'  offices  of  such  towns;  and,  if  the 
road  passes  through  an  unorganized  town  or  gore,  the 
location  shall  be  recorded  in  the  office  in  which  con- 
veyances of  real  estate  situated  therein  are  required  by 
law   to  be  recorded. 

BIGHT  TO  TAKE  LAND  AND  WATKB. 

Land,  material  and  water  for  road.  §  4394.  A  railroad 
corporation  may  lay  out  its  road,  not  exceeding  five 
rods  wide,  and  may  purchase  or  otherwise  take  lands 
or  materials  necessary  for  making  or  securing  its  rail- 
road, and  such  water  and  in  such  quantity  as  is  required 
for  the  uses  of  the  road,  with  the  right  of  entering 
upon  the  land  and  constructing  and  keeping  in  repair 
necessary  aqueducts. 

Taking  water  required  for  owner's  use — Proceedings. 
S  4395.  A  railroad  corporation  shall  not  take  otherwise 
than  by  purchase  water  or  a  spring  of  water  which  the 
owner  requires  for  the  reasonable  and  convenient  use  of  his 
premises;  and,  if  the  owner  and  the  corporation  cannot 
agree  as  to  what  water  is  necessary  for  such  use,  the  cor- 
poration shall  apply  to  the  public  service  commission  to 
determine  the  same  before  taking  such  water,  and  give  the 
owner  12  days'  notice  in  writing  of  the  time  and  place 
when   the   application    will   be   heard. 

Land  for  depot  accommodations.  §  4396.  A  railroad 
corporation  may  enter  upon  and  take  lands  necessary 
for  depot  accommodations  as  provided  by  law  and  its 
act    of   incorporation. 

Land  without  the  road  limits.  §  4397.  No  land  with- 
out the  limits  of  its  road  shall  be  taken  by  a  railroad 
coriKDration  for  the  requisite  and  convenient  accommo- 
dation of  its  road,  without  the  permission  of  the  owner, 
unless  the  public  service  commission,  on  the  application 
of  the  corporation,  and  after  12  days'  notice  to  the  owner 
first  prescribes  the  limits  within  which  such  land  shall 
be  taken. 

APPB.USAL   OF   DAMAGES. 

Appointment  of  commissioners.  §  4398.  When  a  railroad 
corporation  has  not  acquired,  by  gift  or  purchase,  land, 
real  estate  or  proi)erty,  taken  or  required  for  the  con- 
struction, maintenance  and  convenient  accommodation 
of  its  road,  and  if  the  parties  do  not  agree  as  to  the 
price   of   such    land    and   other   property,   any   two  judges 


of  the  Supreme  Court,  upon  application  for  that  purpose 
by  the  corporation,  shall  appoint  three  disinterested 
commissioners,  one  of  whom  shall  be  an  inhabitant  of 
the  town  and  all  shall  be  inhabitants  of  the  county  in 
which  the  land  or  other  property  to  be  appraised  is  sit- 
uated, to  determine  the  damages  which  the  owners  of 
such  land  or  property  have  sustained  by  the  occupation 
of  the  same  for  the  purposes  aforesaid. 

Notice  of  the  time  and  place  of  appraisal.  §  4399.  The 
commissioners  shall  give  12  days'  notice  to  the  occupants 
or  owners  of  the  land  of  the  time  and  place  when  and 
where  they  will  attend  to  such  appraisal,  but  no  notice 
shall  be  required  to  be  given  of  the  appraisal  of  unoc- 
cupied lands,  unless  the  owner  resides  in  the  State, 
or  has  some  known  agent  or  attorney  residing  herein; 
and,  if  the  owner  does  not  reside  in  the  State,  and  has 
a  known  agent  or  attorney  residing  herein,  the  same 
notice  shall  be  given  to  the  agent  or  attorney  as  is  di- 
rected to  be  given  to  the  owner  or  occupant. 

Description  of  land  and  property.  §  4400.  At  least  10 
days  before  an  appraisal  is  made  by  the  commissioners, 
the  corporation  shall  deliver  to  the  owner,  or  deposit 
in  the  clerk's  office  in  the  town  in  which  the  same  lies, 
a  plan  or  discription  in  writing  of  the  land  or  property 
so  taken. 

Estate  for  life  or  years — Heversionary  interest.  §  4401. 
When  a  railroad  corporation  takes  land  subject  to  an  es- 
tate for  life  or  years,  the  commissioners  shall  appraise 
the  damages  to  such  estate,  and  also  the  damages  to  the 
reversionary  interest. 

Notice  and  statement  of  appraisal — Record.  §  4402. 
When  an  appraisal  is  made,  the  commissioners  shall, 
within  20  days,  notify  the  owner,  if  known,  of  the 
amount  thereof,  and  deliver  to  the  corporation  a  written 
statement  of  the  same,  with  a  description  of  the  land 
or  other  property  so  appraised;  which,  within  30  days 
thereafter,  the  corporation  shall  cause  to  be  recorded  in 
the  clerk's  office  of  the  town  where  the  land  or  other 
estate  lies. 

Payment  or  deposit  of  damages  conveys  property.  §  4403. 
Upon  the  payment  of  the  damages  determined  uix)n  by 
the  commissioners,  with  the  costs  and  charges  there- 
upon accruing,  by  the  corporation,  or  upon  the  deposit 
of  the  same  by  the  corporation  in  such  bank  or  with 
such  clerk  of  the  Supreme  Court  as  the  commissioners, 
direct,  to  the  credit  of  the  person  to  whom  the  damages 
have  been  awarded,  such  bank  or  clerk  giving  notice 
personally  or  by  mail  to  said  persons  that  such  deposit 
has  been  made,  the  corporation  shall  be  deemed  to  be 
seized  and  possessed  of  the  land  or  other  pro[)erty  ap- 
praised by  the  commissioners. 

If  owner  of  land  is  a  married  woman,  infant,  idiot  or 
insane.  §  4404.  If  the  owner  of  the  land  or  estate  is  a  mar- 
ried woman,  an  infant,  idiot  or  insane,  or  does  not  re- 
side in  this  State,  or  is  not  known,  the  corporation  shall 
cause  the  damages  sustained  by  said  owner  to  be  deter- 
mined in  the  manner  heretofore  described,  and  shall 
pay  the  same  to  the  lawful  owner  when  demanded,  with 
interest  thereon;  and  such  damages  and  interest  shall 
be  a  specific  lien  upon  the  real  estate  of  such  corpora- 
tion, and  be  preferred  before  any  other  demand  against 
such  corporation. 

Appeal  to  county  court.  §  4405.  If  the  corporation  or 
the  owner  of  land  or  property  is  dissatisfied  with  the  de- 
cision of  the  commissioners,  either  party  may,  within  90 
days  after  the  date  of  the  award,  appeal  to  the  County 
Court,  and  such  court  shall  thereupon  appoint  three 
commissioners,  one  of  whom  shall  be  an  inhabitant  of 
the  county  in  which  such  land  or  property  is  situated; 
and  the  decision  of  the  court  shall  be  final  upon  the 
report  of  said  commissioners;  and  costs  may,  in  the  dis- 
cretion of  the  court,  be  allowed  to  either  party.  No 
appeal  shall  be  taken  by  the  corporation  after  tlie  de- 
posit of  the  amount  of  the  award,  nor  shall  an  appeal 
be  taken  by  the  landholder  or  owner  after  acceptance 
thereof. 

PBOCEEDINOS    IN    CHANCERY    RESPECTING    DAM.\OES. 

Petition  to  chancellor — Order  to  deposit  damages.   §  4406. 
When    a    railroad    corporation    requires    for    roadway    or 
building    materials    land    whose    owner    is    unknown,    or   . 
where  there   are  conflicting  claims  to  the  title,  or  where 


1342 


National  Association  of  Railway  Commissioners 


such  land  is  encumbered  by  mortgages,  attachments  or 
the  levy  of  execution,  or  otherwise,  such  corporation, 
after  having  the  damages  appraised  by  the  commission- 
ers, may  apply  by  petition  to  a  chancellor,  who  may, 
in  his  descretion,  order  the  damages  awarded  by  the 
commissioners  to  be  deposited  with  the  clerk  of  the 
court,  or  in  a  bank  in  the  county  where  the  land  lies, 
subject  to  the  order  of  such  person  as  the  chancellor 
decides  to  be  entitled  to  the  same,  or  to  the  future 
order   of   the   chancellor. 

Notice  required  before  final  decree.  §  4407.  No  final 
decree  shall  be  made  in  such  case  until  reasonable  notice 
has  been  given  to  persons  interested,  when  they  are 
known  and  reside  in  the  State,  of  the  filing  of  the  peti- 
tion; and,  when  the  owners  are  unknown  or  reside  with- 
out the  State,  such  notice  shall  be  given  as  the  chan- 
cellor orders,  by  publication  cr  otherwise. 

Deposit  of  damages — Sum  invested.  §  44(T8.  On  the 
deposit  of  the  damages  under  the  order  of  a  chancellor, 
the  title  to  the  land  shall  vest  in  the  corporation,  subject 
to  the  right  of  appeal  as  in  other  cases,  and  if  the  sum 
so  deposited  remains  for  six  months  undemanded,  a 
chancellor  may  order  the  same  invested  fcr  the  benefit 
of  those  interested. 

onsTRurTio>'  lo  priv.vte  way. 
Damages.  §  4409.  When  a  railroad  corporation,  in  lay- 
ing out,  building,  grading  or  making  its  road,  obstructs 
the  travel  or  means  of  access  to  a  manufactory,  mill, 
place  of  business  or  dwelling  house,  the  corporation  shall 
be  liable  to  pay  to  the  person  thereby  injured  such  rea- 
sonable compensation  as  the  commissioners,  for  deter- 
mining railroad  damages,  deem  proper.  The  person  so 
claiming  to  be  damaged  may  apply  in  writing  to  the 
commissioners,  setting  forth  such  damage,  and  such  ap- 
plication, with  a  notice  from  the  commissioners  to  the 
corporation  of  the  time  and  place  of  hearing,  shall  be 
served  on  the  corporation  according  to  law. 

BIGHT    OF    ACTION    ON    NON-PAYMKNT    OF    DAMAGES. 

Suit  when  property  is  taken  without  appraisal.  §  4410. 
When  a  railroad  corporation  has  entered  upon  and  used 
land  and  real  estate  for  the  construction  and  accommo- 
dation of  its  railroad,  and  has,  by  its  engineers,  agents 
or  servants,  entered  upon  land  contiguous  to  the  railroad 
,or  the  wcrks  connected  therewith,  and  taken  materials  to 
use  in  the  construction  of  its  road,  and  has  not  paid  the 
owner  therefor,  nor,  within  two  years  from  such  entry, 
had  the  damages  appraised  by  commissioners,  and  an 
award  made  and  delivered,  a  person  claiming  damage' 
may  bring  suit  therefor,  within  six  years  after  such  entry, 
before  a  justice,  if  the  claim  is  not  over  $200,  otherwise 
in  the  County  Court;  and  a  plea  or  notice  of  justification 
of  the  entry  under  the  Act  incorporating  the  company 
shall  not  bar  the  suit,  but  the  plaintiff  shall  recover  only 
his   actual   damages. 

Security  from  contractors — Liabilittj  for  loages.  §  4411. 
A  railroad  corporation  shall  require  sufllcient  security 
from  the  contractors  for  the  payment  of  labor  performed 
in  constructing  the  road  by  persons  in  their  employ,  and 
such  corporation  shall  be  liable  to  the  day  laborers  em- 
ployed by  the  contractors  for  labor  actually  performed  on 
its  road,  if  the  person  having  such  claim  shall,  in  writing, 
within  40  days  after  the  performance  of  the  labor,  notify 
the  engineer  in  charge  of  the  section  on  which  the  labor 
was  performed  that  he  has  not  been  paid  by  the  con- 
tractors. 

CHANGES    IN    LOCATION. 

Changes  may  he  made — Record.  §  4412.  A  railroad  cor- 
poration, after  taking  land  for  a  portion  of  its  road,  may 
vary  the  direction  of  the  road  in  the  place  where  such 
land  lies,  provided  it  does  not  thereby  locate  its  road, 
cr  part  thereof,  without  the  limits  prescribed  by  its  act 
of  incorporation,  and  it  shall,  before  the  time  required 
by  law  for  completing  the  road,  file  the  location  of  the 
different  parts  of  the  road,  when  such  variations  are 
made,  with  the  clerks  of  the  respective  towns  where 
such  parts  are  situated,  who  shall  record  the  same. 

"When  other  land  of  same  owner  is  taken,  first  land  to 
revert.  §  4413.  When  a  railroad  corporation  has  paid  or 
becomes  liable  to  pay  land  damages  for  the  location  of 
Its  road,  and  afterwards  changes  such  location  and  occu- 


pies other  lands  of  the  same  landowner  to  whom  damages 
have  been  paid  or  awarded,  the  land  first  located  upon 
shall,  on  the  completion  of  the  subsequent  location,  re- 
vert to  the  landowner,  and,  on  the  subsequent  location, 
the  commissioners  shall  award  such  damages  as,  under 
the  circumstances,  are  just. 

Difference  in  value — Adjustment.  §  4414.  If  the  dam- 
ages awarded  on  the  second  location  are  less  than  thosa 
awarded  on  the  first,  the  corporation  may  recover  the 
diii'erence,  if  paid,  from  the  landowner,  and,  if  awarded 
and  not  paid,  may  retain  the  difference,  and  shall  not 
be  liable  to  pay  the  same.  If  the  damages  on  the  first 
location  have  been  assessed  by  the  commissioners  and 
an  appeal  taken  therefrom  is  pending,  the  corporation 
shall  pay  the  costs  accrued  in  the  appeal,  and  cause  its 
new  location  to  be  recorded,  before  it  takes  the  benefit 
of  this   section. 

Change  after  damages  are  paid.  §  4415.  If  the  location 
of  a  railroad  is  changed  after  the  payment  of  damages  to 
a  landowner,  and  no  portion  of  the  lands  of  such  owner 
is  taken  for  the  new  location,  the  lands  taken  for  he 
first  location  shall  revert  to  the  owner,  and  the  railniari 
corporation  may  recover  from  such  landowner  the  amount 
so  paid  as  damages,  deducting  therefrom,  the  dama;;es 
which  accrued  to  him  in  consequence  of  locating  he 
railroad  across  his  lands,  which  shall  be  ascertained  by 
the  public  service  commission.  The  landowner  may,  if 
he  choses,  convey  to  the  corporation  the  land  so  loca  ed 
upon,  and  retain  the  sum  so  awarded. 

Change  before  damages  are  paid.  §  4416.  If  the  Ic  ra- 
tion of  the  road  has  been  changed  as  mentioned  in  !ir 
preceding  section,  and  the  damages  have  been  aware  ed 
and  net  paid,  the  land  first  located  upon  shall  revert  to 
th-T  owner  thereof,  and  the  corporation  shall  not  be  :  *-■■ 
quired  to  pay  the  sum  so  awarded,  but  shall  pay  to  lu 
owner  the  damages  which  have  accrued  to  him  by  reas  on 
of  such    location,   to    be   determined   by   said   commissi  m^ 


RIGHT   TO    ALTER    HIGHWAY    OR   TURNPIKE. 


lid 

o  :afl 


Laying  road  upon  turnpike,  way  or  bridge.  § 
When  it  is  necessary  for  a  railroad  corporation  to 
out  its  road  upon  or  by  the  side  of  a  turnpike  or  way, 
upon  a  bridge  owned  by  a  town  or  turnpike  corporatl 
the-  railroad  corporation  shall  give  notice  thereof  to  ( n< 
of  the  selectmen  of  the  town,  or  to  one  of  the  direct  >n 
of  the  turnpike.  It  the  railroad  corporation  cannot  ag  e( 
with  the  selectmen  or  with  the  turnpike  directors  or 
road  to  be  worked  or  a  bridge  to  be  tjuilt  by  the  railr(  a( 
corporation,  in  place  of  such  road  or  bridge,  or  on  hi 
amount  of  damages,  the  public  service  commission  si  al 
diiect  it  to  build  such  rond  or  bridge,  as  a  ^^'^=tit  it« 
for  the  road  or  bridge  so  located  upon,  as  the  Inter  !S 
of  the  public  and  the  parties  requires;  upon  the  c  )il 
struction  of  such  road  or  bridge,  the  road  or  bridge  s( 
located  upon  shall  vest  in  the  corporation. 

Appeal.  §  4418.  A  railroad  corporation,  town,  turnp  k' 
corporation  or  individual,  owning  land  adjacent  to  st  cl 
road  or  brid.ge,  so  entered  upon,  crossed  or  altered,  si  all 
have  the  same  right  of  appeal  from  the  decision  of  he 
selectmen  cr  said  commission  as  is  provided  in  tiia 
chapter  in  case  of  the  appraisal  of  land  damages  '"^ 
commissioners. 

Alteration  of  course  of  turnpike  or  icay  at  cros.'-^ 
§  4419.  A  railroad  corporation  may  alter  the  course  i  a 
tu'npike  or  other  way  where  it  is  crossed  by  its  railrr  i!, 
for  the  purjwse  of  facilitating  the  crossing  of  the  sa  ii\ 
if  it  can  agree  with  the  selectmen  of  the  town  in  wh  <  !i 
such  way  is  situated  or  the  directors  of  the  turni'  ke 
corporation  as  to  such  alteration  or  the  manner  of  cr(  <s- 
ing.  If  it  cannot  agree,  the  public  service  commisson 
shall   determine  the   same. 

Alterations  to  be  recorded.  §  4420.  Alterations  mide 
in  a  turnpike  or  way  as  provided  in  this  chapter  shall, 
if  made  by  said  commission,  be  signed  by  it.  and,  it 
agreed  upon  by  the  parties,  shall  be  signed  by  the 
selectmen  of  the  town  or  the  turnpike  directors,  and 
duly  recorded  in  the  town  clerk's  office. 

Additional  lands.  S  4421.  'Such  railroad  corporation 
may  take  such  additional  lands  for  the  purposes  men- 
tioned in  the  three  preceding  sections  as  said  commis- 
sion  judges   necessary.     Unless  the   lands   so  taken   are 


Public  Service  Laws 


1343 


purchased  or  given,  compensation  therefor  shall  be 
determined  by  said  commission,  as  in  other  cases,  and 
made  by  the  railroad  corporation  to  the  owners  and  per- 
sons interested  in  the  lands,  and,  when  compensation  is 
made,  the  same  shall  become  part  of  such  turnpike  or 
way,  and  may  be  held  for  highway  purposes.  And  said 
landowners  and  such  corporation  shall  have  the  same 
right  of  appeal   as   in   other   cases   of   land   damages. 

<H0S.SIN0    IHGHW.WS    .\X1)    rilRXl'lKES. 

Turnpike  or  way  crossing  railroad.  §  4422.  If,  after 
laying  out  and  constructing  a  railroad,  a  turnpike  or 
other  way  is  so  laid  out  as  to  cross  such  railroad,  the 
turnpike  or  other  way  may  pass  over,  under  or  across 
the  railroad,  and  shall  be  so  built  as  not  to  obstruct  or 
Injure  it.  but  in  case  the  turnpike  or  other  way  is  laid 
out  to  cress  the  railroad  at  grade,  said  commission,  on 
application  of  the  parties  owning  or  operating  the  rail- 
road, shall,  upon  notice  and  hearing,  determine  whethe; 
such  crossing  ought  to  be  at  grade,  and,  if  said  com- 
mission determines  that  the  crossing  ought  not  to  be  at 
grade,  it  shall  be  constructed  over  or  under  the  railroad. 
Same — Application  to  public  service  commission.  %  4423. 
The  application  to  said  commisEion  p-.ovicleti  in  the  pre- 
ceding section  may  be  made  at  any  time  before  the  ex- 
piration of  the  time  fixed  in  the  order  laying  the  turnpike 
or   way   for   beginning   work   thereon. 

Railroad  crossing  turnpike  or  icay.  §  4424.  A  railroad 
may  be  so  laid  out  as  to  cross  a  turnpike  or  other  way, 
if  said  commission  judges  it  necessary,  and  the  corpora- 
tion may  raise  or  lower  the  turnpike  or  way,  for  the 
purpose  of  having  its  railroad  pass  over  or  under  it,  but 
such  corporation  shall  restore  the  turnpike  or  way  as 
far  as  practicable,  and  so  as  not  to  impair  its  usefulness. 
Highuay  may  be  changed — Notice — Hearing.  §  4425.  If 
a  highway  is  so  located  that  such  railroad  cannot  ber 
judiciously  constructed  across  or  upon  the  same  without 
interfering  therewith,  the  railroad  corporation  may,  with 
the  consent  of  said  ccmmission.  cause  such  highway  to 
be  changed  so  that  such  railroad  may  be  constructed  on 
the  best  site  for  that  purpose,  but  such  corporation  shall 
put  such  highway  as  near  as  practicable  in  as  good 
situation  and  repair  as  it  was  previous  to  such  altera- 
tion, under  the  direction  of  said  commission.  Such  con- 
struction or  alteration  shall  not  be  made  without  notice 
to  all  parties  interested  and  a  hearing  before  said  com 
mission. 

Repairs  at  crossings — Liability  for  damage.  §  4426. 
When  a  railroad  corporation  has  constructed  a  railroad 
acrcss  a  public  highway  by  passing  upon,  over  or  under 
the  traveled  path  thereof,  the  corporation  shall  keep  in 
good  and  sufficient  repair,  and  rebuild  when  necessary, 
bridges,  culverts,  crossings  and  other  constructions  made 
for  the  accommodation,  safety  and  convenience  of  the 
public  travel  on  the  highway,  over,  under  or  upon  such 
railroad.  And  a  railroad  corporation  so  constructing  a 
railroad  across  a  highway  shall  be  liable  to  the  town 
within  whose  limits  the  crossings  are,  for  damages  occa- 
sioned to  such  town  by  reason  of  such  coriioration  not 
complying  with  the  provisions  of  this  section,  and  such 
liability  shall  extend  to  expenses  incurred  by  the  town 
in  connection  with  actions  against  it  by  reason  of  such 
non-compliance. 

Release  of  corporation  from  liability.  §  4427.  The  lia- 
bility of  the  corporation  shall  continue  although  the 
railroad  has  been  abandoned,  unless  the  selectmen  .of 
the  town,  in  writing,  consent  that  the  corporation  be 
released  therefrom,  and  cause  such  written  consent  to  be 
recorded  in  the  record  of  deeds  in  the  town  clerk's  office, 
or  unless  the  corporation  or  its  assigns  restore  such 
crossing  to  its  original  state  of  usefulness  and  per- 
manency. 

Towns  may  make  repairs  and  recover  expenses.  §  4428. 
If  the  selectmen  of  a  town  in  which  such  crossing  is  lo- 
cated are  of  opinion  that  such  bridge,  culvert,  crossing 
or  constructions  require  repairing  or  rebuilding  in  order 
to  be  safe  for  travel  thereon,  they  may  notify  the  corpo- 
ration required  by  this  chapter  to  repair  or  rebuild  the 
same,  by  leaving  a  written  notice  to  that  eftect  with  the 
president,  superintendent  of  such  road,  or  the  clerk  of  such 
corporation.  And,  if  such  corporation  does  not  repair  or 
rebuild    the    same    within    one    month    after    such    notice, 


the  town  may  apply  by  petition  to  the  public  service 
commission  to  be  heard  thereon.  And,  upon  duo  sum- 
mons .  and  hearing,  said  commission  may  order  and 
compel  such  repairs  or  rebuilding  to  be  made  as  are 
necessary  for  the  safety  of  the  traveling  public. 

Contract  between  town  and  company  not  affected.  §  4429. 
Nothing  in  the  three  preceding  sections  shall  interfere 
with  an  express  contract  made  by  a  railroad  corporation 
and  a  town  relative  to  keep  in  repair  cr  rebuilding  any 
such  bridge,  culvert,  crossing  or  other  construction. 

W.\RNING    HOARDS.    O.VTES,    SIUX.VLS    AND    FLAG.MEX. 

Warning  boards  at  crossings.  §  4430.  A  railroad  cor- 
poration shall  maintain  at  every  public  highway  or  street 
Tvhere  the  same  as  crossed  by  its  railroad  at  grade,  warn- 
ing boards  of  such  description  as  the  public  service 
commission   approves. 

Bell  to  be  rung  or  whistle  blown.  §  4431.  A  bell  of  at 
least  30  pounds  weight  shall  be  placed  on  each  locomotive 
engine,  and  be  rung  at  the  distance  of  at  least  80  rods 
from  the  place  where  the  railroad  crosses  a  road  or 
street  at  grade,  and  be  kept  ringing  until  it  has  crossed 
such  road  or  street,  or  the  steam  whistle  may  be  blown 
instead  of  ringing  such  bell.     (See  No.  148,  Acts  of  1910. > 

^'ieglect  to  comply  with  tioo  preceding  sections — Penalty. 
S  4432.  If  a  person  or  corporation  owning  or  operating  a 
a  railroad  unreasonably  neglects  or  refuses  to  comply 
with  the  provisions  of  the  two  preceding  sections,  it  shall 
be   fined   not   more   than   $1,000. 

Gates — Electric  Signals — Flagmen.  S  4433.  The  public 
service  commission,  when  requested  in  writing  by  three 
or  more  freeholders  of  a  city  or  village  to  order  a  gate 
or  electric  signal  to  be  erected,  or  a  flagman  to  be 
stationed  at  any  railroad  crossing  at  grade,  within  such 
city  or  village,  or  when  so  requested  by  three  or  more 
freeholders  of  a  town  to  order  an  electric  signal  to  be 
erected  at  any  railroad  crossing  at  grade  within  such 
town,  shall  visit  such  place,  first  giving  the  parties  mak- 
ing such  request  and  the  railroad  corporation  notice 
thereof,  and,  if  the  public  safety  requires,  shall  order 
the  corporation  operating  such  railroad  to  erect  and  main- 
tain a  gate  or  gates,  or  electric  signal,  or  to  keep  a  flag- 
man, or  to  do  any  other  act  at  such  place  needful  for 
the  protection  of  the  public,  and  may  specify  when  such 
.gate  or  gates  shall  be  opened  and  closed,  or  when  a 
flagman  shall  be  on  duty,  and  may  change  any  such  order 
when  they  deem  it  necessary,  first  visiting  the  place 
and  giving  the  railroad  corporation  and  the  parties  mak- 
ing  such   request   an   opportunity   to   be   heard   thereon. 

OnSlRtTCTTNG   CROSSINGS. 

Penalty.  §  4434.  If  a  person  or  corporation  owning  or 
operating  a  railroad,  or  the  agents  or  servants  thereof, 
wilfully  or  negligently  obstruct  a  public  highway  or  farm 
crossing  with  engines,  tenders  or  cars,  such  person  o- 
corporation,  or  the  agents  or  servants  thereof,  shall  be 
fined  not  more  than  $20  nor  less  than  $5. 

§  4435.  Whenever  any  railroad  crosses  any  highway, 
or  road  required  for  farm  use,  at  rail  level,  the  company 
owning  and  operating  said  railway  shall  not,  nor  shall 
its  officers,  agents  or  employes,  permit  any  engine,  tendei 
cr  c.'T.  rr  ary  portion  thereof,  to  stand  on  any  part 
of  such  highway,  or  road  required  for  farm  use,  for  a 
longer  period  than  five  minutes  at  one  time,  or  ii 
shunting,  to  obstruct  public  traffic  for  a  longer  period 
than   five   minutes   at   one  time. 

A  person  or  corporation  violating  the  provisions  of 
this  section  shall  be  fined  not  more  than  $50  nor  less 
than   $5. 

[As  amended  by  §  1,  No.  104,  Acts  of  1908.] 

Nuisance  on  highway.  S  4436.  No  person  or  corpora- 
tion, owning  or  operating  a  railroad,  or  the  agents  or 
servants  thereof,  shall  allow  any  handcar  or  other 
nuisance  to  be  left  on  the  railroad  track  or  at  the  side 
of  such  track,  within  the  bounds  of  any  highway  crossed 
.by   such    railroad. 

Same — Damages.  §  4437.  A  person  or  corporation  that 
violates  the  preceding  section,  shall  be  liable  for  all  in- 
juries and  damages  occasioned  by  reason  of  any  horse 
or  team  becoming  frightened  thereby. 

Some — Penalty.     §  4438.     An  agent  or  servant  of  a  rail- 


1344 


National  Association  of  Railway  Commissioners 


road  corporation  who  violates  the  second  preceding  sec- 
tion shall  be  fined  not  more  than  $20  nor  less  than  $5. 

Obstructing  sight  of  cars  at  crossing — Penalty.  §  -4439. 
A  person  who  leaves  wood,  lumber  or  other  material  on 
the  line  of  a  railroad  or  highway,  at  or  near  the  cross- 
ing of  a  highway,  so  as  to  prevent  or  obstruct  the  sight 
of  cars  when  approaching  the  crossing,  shall  be  fined 
not   more   than    $50   nor   less  than   $5. 

Non-removal  of  obstruction — Penalty — Notice.  §  4440. 
A  person  who  does  not  remove  such  obstruction  aftei 
notice  from  one  or  more  of  the  selectmen  of  the  towi. 
in  which  the  crossing  is  situated  shall  be  find  not  more 
than  $50  nor  less  than  $5  to  the  use  of  the  town,  for 
every    24    hours    such    obstruction    remains    thereafter. 

CROSSING   OR   CONNECTING    WITH    ANOTHER    RAILROAD. 

Railroads  may  cross  or  unite — Compensation,  points  and 
manner.  §  4441.  A  railroad  corporation  may  cross  or  unite 
its  railroad  with  any  other  railroad  at  any  point  in  its 
route  and  upon  the  grounds  of  such  other  railroad  cor- 
poration, with  necessary  turnouts,  sidings,  switches  and 
other  conveniences,  and,  if  the  two  corporations  cannot 
agree  upon  the  amount  of  compensation  to  be  made 
therefor  or  the  points  and  manner  of  such  crossings 
and  connections,  the  same  shall  be  determined  by  the 
public  service  commission  on  petition,  service  and  hear- 
ing. 

Foreign  corporations  may  hold  real  estate  for  connect- 
ing purposes,  and  construct  sidings,  etc,  for  terminal  pur- 
poses. §  4442.  A  foreign  railroad  corporation  connecting 
at  the  line  of  this  State  with  a  domestic  railroad  cor- 
poration may  acquire  and  hold  in  this  State  such  real 
estate  as  it  may  find  necessary,  and  may  make  such  im- 
provements thereon  as  shall  enable  it  satisfactorily  to 
make  such  connection  with  the  railroad  in  this  State, 
and  may  construct  and  maintain  all  necessary  sidings, 
engine  houses,  car  houses,  turntables  and  other  necessary 
structures  and  appliances  for  terminal  purposes  as  shall 
be  requfred  for  the  operation  of  its  railroad. 

Terms  of  business  between  connecting  roads.  §  4443. 
When  a  railroad  enters  upon,  intersects  or  connects  with 
another  railroad,  the  managers  of  each  of  such  connect- 
ing roads  shall  furnish  to  the  other  reasonable  terms  of 
connection,  accommodations,  privileges  and  facilities,  i 
the  reception,  transijortation  and  delivery  of  cars,  pas- 
sengers, baggage  and  freight,  to  and  from  each  of  such 
connecting  roads,  according  to  the  usual  course  of  rail- 
road business,  including  the  sale  and  reception  of  pas- 
senger tickets,  and  checking  of  baggage,  and  shall  re- 
ceive and  transport  such  cars,  passengers,  baggage  and 
freight  at  reasonable  times,   and   on   reasonable   terms. 

Terms  -with  two  competing  roads  which  intersect.  §  4444. 
When  a  railroad  is  intersected  by  two  or  more  railroads 
which  are  competing  lines  for  business  to  or  from  the 
road  so  intersected,  the  managers  of  such  road  shall 
transport  cars,  passengers,  baggage  and  freight  to  and 
from  each  of  such  intersecting  roads  on  the  same  terms, 
and  shall  establish  no  rules,  regulations  or  terms  of  con- 
nection that  will  give  to  either  of  such  competing  roads 
an  unreasonable  advantage  over  the  other;  and  if  the 
managers  of  such  roads  cannot  agree  upon  any  of  the 
terms  aforesaid,  the  same,  on  petition,  summons  and 
hearing,  shall  be  determined  by  the  public  service  com- 
mission. 

Connection  of  passenger  trains — Commissioners  may  de- 
termine. §  4445.  Said  commission  shall  have  power  to 
determine  the  time  or  times  when  the  passenger  trains 
of  connecting  railroads  shall  connect  with  each  other, 
having  in  view  the  convenience  of  the  traveling  public, 
and  may  make  all  necessary  rules  and  regulations  re- 
specting the  manner  of  such  connections.  Such  deter- 
mination and  order  may  be  made  on  petition  of  either 
of  the  connecting  roads,  or  of  20  or  more  freeholders 
of  the  vicinity,  duly  served  and  heard.  Said  commission 
may,  at  any  time,  change  such  order,  on  petition,  service 
thereof   and   hearing. 

Same — Making  competing  road  a  party.  §  4446.  Any 
competing  road  interested  in  the  time  or  times  of  such 
connections,  or  in  the  rules  and  regulations  governing 
the  same,  may  be  made  a  party  to  such  petition  and 
hearing  or  may  bring  an  independent  petition,  to  have 
the   time,   times,   rules   or   regulations   changed   or  modl- 


a,  i 

m 


fled;  and  said  commission  may,  on  due  service  and  hear- 
ing, make  such  changes  or  modifications  as  are  required 
for  the  accommodation,  convenience  and  safety  of  the 
public. 

Special  term  of  Supreme  Court  for  appeals  from  judg- 
ments, etc.,  of  public  service  commission.  §  4447.  The 
chief  judge  of  the  Supreme  Court  may,  upon  petition  of 
any  party  to  an  appeal  from  the  judgment,  order  or  de- 
cree of  said  commission  if,  in  his  judgment  the  interest 
of  justice  or  the  public  requires  it,  appoint  a  special 
term  of  the  Supreme  Court  to  be  held  at  such  time 
and  place  as  he  designates,  for  the  purpose  of  hearing 
such   appeal   or   appeals.  S 

STOPPING  TRAINS  AT  CROSSINGS.  ll 

Engineer  to  stop  train  and  bloic  whistle.  §  4448. 
Omitted.  _ 

Same— Penalty.     §  4449.    Omitted.  il 

F.VRM   CROSSINGS,   CATTLE  GUARDS  AND  FENCES. 

Farm  crossings  and  cattle  guards — Construction  and 
maintenance.  §  4450.  A  person  or  corporation  owning  or 
operating  a  railroad  shall  construct  and  maintain  farm 
crossings  of  the  road  for  the  use  of  the  proprietors 
of  lands  adjoining  the  railroad  and  cattle  guards  at  a;i 
farm  and  road  crossings  sufllcient  to  prevent  cattle  aa<) 
animals    from    getting   on   the   railroad. 

8am,e — Commissioners,  when  parties  disagree.  §  4451 
If  the  parties  cannot  agree  upon  the  plan,  manner  or 
number  of  the  farm  crossings,  the  same  shall  be  detei- 
mined  by  commissioners;  but  if  the  cost  of  such  farci 
crossings  exceeds  the  value  of  the  land  to  be  accomc- 
dated  thereby,  the  commissioners  need  not  order  sucli 
crossings  to  be  made  but  shall  award  reasonable  dam- 
ages in  lieu  thereof. 

Cattle  guards  at  highway  crossings.     |  4452.     The  pr 
visions    of    law    relieving    parties    owning    property 
joining  a  highway  from  maintaining  fences  along  the  lini 
of    such    highway    shall    not   be    held    to    relieve    persons 
owning  or   operating   a   railroad   from    maintaining  cattli 
guards  at   points   where  such  railroad  crosses  a  highw^, , 
at   grade. 

Fences — Construction  and  maintenance.    §  4453.    A  P«f -I 
son   or   corporation   owning   or  operating  a   railroad   shi  i| 
construct   and    maintain   on    the   sides   of   its   road,    wh« 
completed    and    in    running   order,    a    good    and    sufficiej  j 
fence. 

Same — Neglect — Proceedings.  §  4454.  If  a  person  o; 
corporation  owning  or  operating  a  railroad  does  no 
construct  and  maintain  a  fence  as  required  by  thl! 
chapter,  any  person  aggrieved  may  construct  it;  and  th« 
selectmen  of  the  town  in  which  the  same  is  locate( 
shall  appraise  the  value  thereof,  and  the  person  or  rail 
road  corporation  shall  pay  the  amount  so  awarded  by  th< 
selectmen  to  the  person  so  aggrieved.  No  such  perso: 
or  railroad  corporation  shall  be  required  to  build  sucl 
fence  while  the  ground  is  frozen. 

Construction  of  fence  when  landotvner  is  to  keep 
§  4455.  The  provisions  requiring  a  person  or  corporatioi 
owning  or  operating  a  railroad  to  construct  and  maintali 
fences  shall  not  apply  when  such  person  or  corporatioi. 
has  ^settled  with  and  paid  the  landowner  for  buildinf 
and  maintaining  such  fence,  if  a  landowner  thus  pai< 
for  keeping  such  fence  in  repair  neglects  so  to  do,  the 
person  or  corporation  owning  or  operating  such  railroaci 
may  make  the  repairs  and  recover  the  necessary  ex 
pense  thereof  of  such  landowner  or  his  grantee. 

Damage  40  animals  on  railroad.  §  4456.  Until  fences 
and  cattle  guards  are  duly  made,  such  person  or  corpora- 
tion and  their  agents  shall  be  liable  for  the  damages 
done  by  agents  or  engines  to  cattle,  horses  or  othe 
animals  thereon,  if  occasioned  by  want  of  such  fenc^ 
and  cattle  guards;  after  such  fences  and  guards 
made,  the  person  or  corporation  shall  not  be  liabl 
for    such    damages,    unless    negligently    or    wilfully    doi 

Driving  animal  within  fences  on  railroad — Damages 
Penalty.     §   4457.     ^  person  who  rides,  leads  or  drives 
horse   or  other  animal  upon  a   railroad,   and   within   sucli 
fences  and  guards,  other  that  at  road  and  farm  crossings,  'J 
without  the   consent  of  the  corporation,   shall  forfeit  not ; 
more    than    $10,    to    be    recovered    by    the    corporation   In ' 
an   action   on   the   case,   and   shall   also   pay   the  damages 
sustained    thereby   to   the   party   aggrieved. 


ici 


PoBUO  Service  Laws 


1345 


Allowing  animal  to  be  at  large  in  roadway— Damages- 
Penalty.  §  4458.  If  a  horse  or  other  beast  is  found  going 
at  large  within  the  limits  of  a  railroad  after  the  same 
is  opened  for  use,  the  person  through  whose  fault  or  neg- 
ligence such  horse  or  other  beast  is  so  at  large 
Ehall  forfeit  noc  more  than  $20  for  every  horse  or 
other  beast  fo  found  going  at  large,  and  shall  be  liable 
for  the  damages  thereby  sustained  by  any  person  to  be 
recovered   in  an   action  on   the  case. 

Complaints.  §  4459.  A  person  through  whose  land  a 
railroad  passes  may,  after  such  road  is  in  operation, 
and  after  having  given  10  days'  notice  by  registered  let- 
ter addressed  to  the  principal  office  of  such  railroad 
in  this  State,  make  complaint  in  writing  to  the  public 
service  commission  that  he  is  aggrieved  by  the  neglect 
or  default  of  a  railroad  corporation  in  constructing  or 
maintaining  fences,  cattle  guards  or  farm  crossings 
which  the  corporation  is  bound  to  construct  or  maintain, 
or  by  its  stopping,  impeding  or  altering  a  water  course, 
or  by  its  making  or  stopping  a  ditch.  Said  commission 
shall  give  reasonable  notice  to  the  petitioner  and  to 
the  railroad  corporation  and  to  any  other  parties  hav- 
ing an  interest  in  the  subject-matter  of  the  complaint, 
of  the  time  and  place  of  hearing  thereon;  and  such 
notice  shall  be  delivered  through  the  mail  or  by  personal 
delivery   thereof. 

Orders  of  commissioners.  §  4460.  Upon  hearing,  said 
commission  may  make  an  order,  in  writing,  requiring 
the  corporation  to  construct  or  maintain  in  good  repair 
such  fence,  cattle  guard  or  farm  crossing,  or  to  make 
or  alter  such  water  course  or  ditch,  or  to  remove  such 
impediment  to  the  same,  within  such  time  as  it  may  fix. 
Such  corporation  shall  not  be  required  to  open  a  ditch 
while  the  ground  is  frozen,  nor  to  alter  the  natural 
course  of  or  to  do  any  act  in  regard  to  a  water  course 
which  it  is  not  legally  bound  to  do,  nor  to  comply  with 
such  order  until  10  days  after  being  served  with  a  copy 
thereof. 

Same — Penalty.  S  4461.  A  railroad  corporation  failing 
to  comply  with  such  order  for  more  than  20  days  after 
the  time  fixed  by  said  commission  for  compliance  with 
the  order,  unless  for  cause  shown  said  commission  has 
extended  the  time,  shall  forfeit  not  more  than  $25  for 
each  day's  failure  thereof;  and  it  shall  be  the  duty 
of  said  commission  to  forthwith  present  the  facts  to 
the  State's  attorney  of  the  county  where  the  subject- 
matter  in  relation  to  which  said  commission  has  made 
its  order  may  be,  for  his  action;  and  said  State's 
attorney  shall  forthwith  proceed  to  collect  such  forfeit- 
ure by  an  action  on  this  statute.  And  such  corroration 
shall  be  further  liable  to  the  party  aggrieved  for  the 
damages  he   sustains   in  conseque^ice  of  such  failure. 

BRIDGES,    FBOOS,    GUARD    KAILS.    LADDERS    AND    STEPS. 

Bridges — Width  and  height  of.  §  4462.  All  single  track 
railroad  bridges  in  this  State,  except  the  two  bridges 
over  the  track  in  the  village  of  Middlebury,  shall,  when 
built  or  rebuilt,  be  hereafter  so  constructed  as  to  leave 
a  clear  space  of  not  less  than  15  feet  between  the  inner 
sides  of  such  bridges,  and  also  a  clear  space  of  not 
less  than  22  feet  from  the  lowest  timbers,  boards  or 
irons  in  the  covering  of  such  bridges  and  the  top 
of  the  rails  under  the  same;  and,  in  all  double  track 
bridges,  the  clear  space  of  inside  width  shall  not  be 
less  than  27  feet.  All  overhead  highway  bridges,  wires, 
ropes  or  other  obstructions  shall  be  not  less  than  22 
feet  above  the  top  of  the  rails  under  the  same;  except 
the  bridge  crossing  the  track  of  the  Central  Vermont 
railroad  on  Stowe  street,  in  the  village  of  Waterbury, 
which  may  be  constructed  at  a  height  of  not  less  than 
18  feet  above  the  top  of  the  rails  under  the  same. 
[As   amended   by   Act   approved   November   18,    1910.] 

Telltale  warnings.  §  4463.  A  person  or  corporation 
operating  a  railroad  or  part  of  a  railroad  in  this  State 
shall  .place  at  the  approaches  of  all  its  bridges,  the  high- 
way bridges  and  all  other  structures  of  whatever  kind 
or  nature  which  cover  or  extend  over  its  tracks  that 
do  not  leave  a  clear  height  of  22  feet  from  the  top  of 
the  rails  and  lowest  parts  of  such  bridges  or  other 
structures  directly  over  such  rails,  such  telltale  warnings, 
or  other  safety  devices  of  uniform  pattern  for  warning 
trainmen  of  their  approach  thereto,  as  shall  be  recom- 
mended  by   the   public   service   commission. 


Blocks  in  frogs,  switches  and  guard  rails.  §  4464.  A 
person  or  corporation  operating  a  railroad  or  a  part  of 
a  railroad  in  this  State  shall,  at  all  times,  keep  the  frogs, 
switches  and  guard  rails  on  its  tracks,  with  the  excep- 
tion of  guard  rails  upon  bridges,  filled  or  blocked  with 
a  wooden  block  or  wedge,  so  as  to  prevent  the  feet  of 
its  employes  from  being  caught  therein. 

Ladders  or  steps,  i  4465.  No  person  or  corporation  op- 
erating a  railroad  or  part  of  a  railroad  in  this  State 
shall  run  cars  of  their  own  with  ladders  or  steps  to  the 
top  of  the  same,  on  the  sides  of  such  oars,  but  such  lad- 
ders or  steps   shall  be  on   the  end  or  inside  of  the  cars. 

Non-compliance  rvith  four  preceding  sections — Damages 
— Penalty.  S  44G6.  If  a  person  or  corporation  fails  to  com- 
ply with  a  provision  of  the  four  preceding  sections,  such 
person  or  corporation  shall  forfeit  $50  for  every  day's 
neglect,  and  be  liable  for  the  damages  and  injuries  to 
passengers  and  employes  on  its  roads,  resulting  from 
such   neglect. 

Enforcement  of  Penalty.  §  4467.  Such  penalty  may  be 
enforced  by  an  action  on  the  case  in  the  name  of  the 
State,  and  the  State's  attorney  of  the  county  where  the 
offense  is  committed  shall  prosecute  the  same,  upon 
notice   thereof   from   the   public   service   commission. 

JtAINTEXANCE   OF    STATIONS. 

"Regular  station"  defined.  §  4468.  The  words,  "regu- 
lar station"  shall  be  construed  to  mean  such  as  are 
now  maintained  by  the  several  railroads  in  this  State 
and   such   as  may  be  required  in  the  following  section. 

Location  of  depots — Petition  to  public  service  commis- 
sioti.  S  4469.  Railroad  corporations  shall  establish  and 
maintain  depots  or  station  houses,  with  suitable  accom- 
modations, at  such  points  on  their  roads  as  the  public 
service  commission  shall,  on  petition,  adjudge  to  be 
necessary  for  the  reasonable  accommodation  of  the  pub- 
lic. Such  petition  shall  be  signed  by  10  or  more  free- 
holders of  the  vicinity  where  the  proposed  depot  is  to  be 
located,  and  shall  be  duly  served  upon  the  corporation, 
and  a  hearing  thereon  given.  On  such  order,  said  com- 
mission shall  specify  the  place,  the  kind  of  depot  or 
station  to  be  built  and  maintained  and  fix  the  time  in 
which  the  order  therefor  shall  be  complied  with. 

Abandonment  of  stations.  §  4470.  No  railroad  corpo- 
ration shall  abandon  a  depot  or  station  on  its  road  and 
owned  by  such  corporation  and  established  for  five  years, 
or  substantially  diminish  the  accommodations  furnished 
by  the  stopping  of  trains  at  such  station  as  compared 
with  that  furnished  at  other  stations  on  the  same  road, 
except  on  the  i)ermission  of  said  commission,  made  upon 
petition  and  hearing  after  the  publication  of  such  notice 
in  some  newspaper  published  in  the  vicinity,  and  to 
the  State's  attorney  of  the  county,  as  said  commission 
shall  direct.  Said  State's  attorney  shall  appear  and 
rejjresent  the  public  at  such  hearing. 

Removal  or  discontinuance  of  depot.  §  4471.  A  railroad 
corporation  desiring  to  remove  or  discontinue  a  depot 
may  publish  notice  of  such  intention  in  a  newspaper  or 
two  newspapers,  if  there  are  so  many,  printed  in  the 
county  in  which  such  depot  is  located,  or,  if  no  news- 
paper is  printed  in  such  county,  in  a  newspaper,  or  two 
newspapers,  if  there  are  so  many,  in  an  adjoining  county, 
three  weeks  successively,  the  last  publication  to  be  at 
least  30  days  and  not  more  than  60  days  prior  to  the 
time  of  discontinuance  or  removal  as  published  in  such 
notice;  and,  if  no  proceeding  is  commenced  within  30 
days  after  the  last  publication  to  enjoin  such  corporation, 
it  may  discontinue  or  remove  the  depot  without  applying 
to   the   court. 

ACCOM0D.\TI0NS    FOR   L1\E   STOCK. 

Yards.  §  4472.  A  railroad  corporation  operating  a  line 
of  railroad  in  this  State  shall  provide,  at  such  designated 
points  on  its  line  of  railroad  as  hereinafter  provided, 
covered  yards  of  the  size  provided  in  the  order  desig- 
nating such  point,  for  the  shelter  of  live  stock  brought 
to  such  point  to  be  transported  on  such  railroad,  and 
shall,  between  May  1  and  November  1  of  each  year, 
furnish  a  suitable  supply  of  running  water  for  the  use 
of  live  stock  which  may  be  kept  in  such  yards. 

§  4473.  Three  shipijers  of  live  stock  on  the  line  of 
a  railroad  in  this  State  may  apply  to  the  public  service 
commission    for    a    covered    yard    and    running    water    for 


1346 


National  Association  of  Railway  Commissioners 


1 


the  use  of  live  stock  in  sucli  yard.  Said  commission 
shall,  on  notice,  hear  and  determine  such  application  and 
maice  such  orders  in  relation  thereto  as  to  said  com- 
mission shall  seem  just.     [As  amended,  1908.] 

Appeal  from  orders  of  commissioners.  §  4474,  A  party 
in  interest  who  is  dissatisfied  with  an  order  of  said  com- 
missioners made  under  the  preceding  section  may  ap- 
peal to  the  Supreme  Court  in  manner  and  form  as  pro- 
vided in  §  7  of  number  68  of  the  Acts  of  1902;  and  there- 
upon such  appeal  shall  be  heard  and  determined  as  is 
provided  in  §  8  of  such  Act.  [Repealed  by  §  3,  No.  104, 
Acts  of  1908.] 

Non-compliance  with  orders,  judgments  or  decrees — 
Penalty.  §  4475.  A  railroad  corporation  which  does  not, 
within  60  days  after  final  order,  judgment  or  decree 
in  a  proceeding  set  forth  in  the  two  preceding  sections, 
comply  therewith,  shall  be  fined  $10  for  each  day's  neg- 
lect, which  shall  be  recovered  in  an  action  on  this 
statute  to  be  prosecuted  by  the  State's  attorney  of  the 
county  where  the  point  designated  in  such  order,  judg- 
ment or  decree  is  situated.  [Repealed  by  §  3,  No.  104, 
Acts  of  1908.] 

WEEDS,  THISTLES,  TREES,  SHKUBS  AND  BUSHES. 

Destruction  of  weeds  and  thistles.  §  4476.  A  person  or 
corporation  operating  a  railroad  in  this  State  shall  cause 
all  thistles  and  noxious  weeds  growing  within  the  sur- 
veyed boundaries  of  such  railroad  to  be  cut  and  des- 
troyed between  the  first  and  fifteenth  days  of  July  in 
each  year. 

Same — Selectmen's  duties.  §  4477.  In  case  of  failure 
so  to  do  in  a  town  through  which  such  road  passes, 
the  selectmen  shall  give  notice  thereof  by  mail  to  the 
principal  office  of  said  person  or  corporation;  and,  in 
case  such  failure  continues  for  ten  days  after  notice, 
the  selectmen  shall  forthwith  cause  the  thistles  and 
weeds  to  be  cut  at  the  expense  of  the  town;  and  such 
town  shall  thereupon  be  entitled  to  recover  from  said 
person  or  corporation  the  sum  of  $100  in  an  action  on 
the  case  founded  on  this  Statute,  to  be  recovered  before 
any   justice   having  jurisdiction  of   the   parties. 

Destruction  of  trees,  shrubs  and  bushes  at  crossing. 
§  4478.  A  person  or  corporation  operating  a  railroad  in  this 
State  shall  cause  all  trees,  shrubs  and  bushes  to  be 
cut  within  the  surveyed  boundaries  of  their  lands,  for  a 
distance  of  80  rods  in  each  direction  from  all  public 
grade  crossings. 

Same — Damages.  §  4479.  If  said  person  or  corporation 
neglects  or  refuses  to  remove  the  trees,  shrubs  and 
bushes,  as  required  by  the  preceding  section,  after  60 
days'  notice  in  writing,  given  by  the  selectmen  of  the 
town  in  which  such  trees,  shrubs  and  bushes  are  located, 
and  cause  the  same  to  be  cut  in  the  month  of  October 
each  year  thereafter,  said  person  or  corporation  shall 
be  liable  for  all  damages  occasioned  thereby. 

MILEAGE    BOOKS. 

Issuance— Sale.  §  4480.  A  person  or  corporation  oper- 
ating, managing  or  controlling  any  railroad  which  is 
wholly  or  partly  located  within  this  State  shall  pro- 
cure and,  at  ail  times,  keep  for  sale  at  all  stations 
■on  such  roads,  mileage  tickets  in  the  form  of  coupon 
books,  having  both  500  and  1,000  coupons  attached  there- 
to, and  shall  issue  such  mileage  books  immediately  upon 
application  therefor,  which  shall  entitle  the  bearer 
thereof  to  travel  500  or  1,000  miles  over  the  line  or 
lines  of   the   railroad   issuing  the  same. 

Detachment  of  coupons.  §  4481.  Upon  presentation  of 
such  mileage  tickets  to  a  conductor  on  any  train  of  any 
line  of  railroad  owned  or  operated  by  said  person  or  cor- 
poration, said  conductor  shall  detach  one  coupon  for 
each  mile  traveled  by  the  passenger  in  satisfaction  of 
fare;  provided  that  no  single  passage  shall  be  granted 
for  less  than  five  miles  of  coupon  mileage. 

Privileges  of  holder.  §  4482.  Such  mileage  book  shall 
entitle  the  holder  thereof  to  the  same  rights  and  privi- 
leges in  respect  to  the  transportation  of  person  and  prop- 
erty to  which  the  highest  class  ticket  issued  by  such 
railroad  corporation  would  entitle  him. 

Term  of  usage — Penalty  for  refusing  to  issue  or  accept. 
i  4483.  Such  mileage  book  shall  be  good  until  all  coupons 
attached  thereto  have  been  used.     A  railroad  corporation 


which  refuses  to  issue  a  mileage  book,  as  provided  in  the 
three  preceding  sections,  or  refuses  to  accept  such  mile- 
age book  for  transportation,  shall  forfeit  $50  to  be  re- 
covered by  the  party  to  whom  such  refusal  is  made  in 
an  action  on  this  statute,  but  no  action  shall  be  main- 
tain therefor  unless  commenced  within  one  year  after 
the   cause   of  action   accrues. 

Rebate  on  fare  paid  on  train — Penalty.  §  4484.  A  rail- 
road corporation  and  its  agents  or  servants  shall  not 
demand  or  receive  for  a  single  ticket  bought  or  fare 
paid,  on  a  train  or  elsewhere  than  at  its  ticket  office, 
more  than  10  cents  in  excess  of  the  tariff  rate  charged 
at  its  ticket  office.  When  such  excess  is  received,  the 
conductor  or  other  person  receiving  it  shall  give  to 
the  passenger  a  certificate  which  shall  entitle  him  to 
receive  the  excess  so  paid  at  any  station  of  the  corpora- 
tion in  exchange  for  such  certificate,  if  presented  foi 
redemption  at  any  time  within  30  days  from  the  day  of 
issue.  A  person  or  corporation  that  violates  a  provision 
of  this  section  shall  be  fined  not  more  than  $100  nor  less 
than   $10   for  each  offense. 


m 


EQUAL   CHARGES    AM)   FACILITIES. 

Long  and  short  haul.  §  4485.  A  railroad  corporation 
whose  railroad  is  located  in  the  State  shall  not  chaige 
a  larger  sum  for  the  transportation  of  freight,  mer- 
chandise or  passengers  thereon  for  a  less  distance,  to  oi 
from  a  way  station  on  such  road,  than  is  charged  for  a 
grftater  distance,  and,  in  case  of  a  violation  of  this  pro- 
vision, the  excess  so  charged  may  be  recovered  from 
such  corporation,  by  the  party  aggrieved,  in  an  action 
for   money   had   and   received,   with   costs. 

Equal  and  reasonable  facilities.     §  4486.     A  person  or 

corporation  operating  a  railroad  shall  give  to  all  perse  ns 

reasonable   and    equal    terms,    benefits,    facilities    and     ic- 

commodations  for  the  transportation  of  themselves,  th  nr 

agents  and  servants,  and  of  merchandise  and  other  pr  ip- 

erty,  upon  such   railroad,   and  for  the   use  of  the  depc  cs, 

buildings  and   grounds   thereof,   and,   at   any   point  wh<  re 

such   railroad   connects   with   another   railroad,  jeasonsL) 

and  equal  facilities   of  interchange.  m 

Section   4486    was   amended    by    §  1,    No.    105,   Act<|  > 

1908,   as   follows: 

An  Act  in  addition  to  and  amendment  of  sections  4486  e  a^ 

4532  of  the  Public  Statutes,  relating  to  railroad  tra  la 

portation. 

It  is  hereby  enacted  by  the  general  assembly  of  the  State  o% 

Vermont: 

§1.  Section  4486  of  the  Public  Statutes  is  hereby 
amended  by  adding  thereto  the  following:  "Railrc  ad 
companies  may  transport  at  special  and  reduced  ral  is, 
to  and  from  a  public  agricultural  exhibition  or  fair,  e  ni- 
mals  or  other  property  to  be  there  publicly  exhibit  >d, 
and  may  transport  at  special  and  reduced  rates,  to  i  nd 
from  schools  and  other  institutions  of  learning  in  t  lis 
State,  students  there  attending;  provided,  that  si  ch 
rates  shall  be  available  to  all  who  exhibit  at  such  ex- 
hibitions or  fairs  or  attend  such  schools  or  other  in  ili- 
tutions  of  learning."     *     *     • 

Act  150  of  1910  further  modifies  §4486  as  follows: 
An   Act   relative   to   the   transportation   by  street  raih^ 
companies  of  pupils  of  public  and  private  schools.]  I 
It  is  hereby  enacted  by  the  general  assembly  of  the  «t{ 
of  Vermont: 

§1.  The  rates  of  fare  charged  by  street  rail^' 
companies  for  the  transportation  of  pupils  of  public  or 
private  schools  between  a  given  point,  from  or  to  wtich 
it  is  necessary  for  them  to  ride  in  traveling  to  or  fiom 
the  schoolhouses  in  which  they  attend  school,  and  their 
homes,  whether  such  schoolhouses  are  located  in  the 
city  or  town  in  which  the  pupils  reside  or  in  another 
city  or  town,  shall  not  exceed  one-half  the  regular  tare 
charged  by  such  street  railway  company  for  the  trans- 
portation of  other  passengers  between  said  points,  and 
the  tickets  for  the  transportation  of  pupils  as  aforesaid, 
good  during  the  days  on  which  said  schools  are  in  ses- 
sion, shall  be  sold  by  said  companies  in  lots  of  ten  each 
or  any  multiple  of  ten  as  the  purchaser  desires.  A 
railway  company  which  violates  the  provisions  of  this 
section  shall  forfeit  $25  for  each  offense. 
Approved  December  3,  1910. 


\rSLT 


Public  Service  Laws 


1347 


Connecting  roads  not  to  charge  more  for  short  than 
long  distance — Exception.  §  4487.  Two  or  more  corpora- 
tions whose  reads  connect  shall  not  charge  or  receive  for 
the  transportation  of  freight  to  any  station  on  the  road 
of  either  of  them  a  greater  sum  than  is,  at  the  time, 
charged  or  received  for  the  transportation  of  the  like 
class  and  quantity  of  freight  from  the  same  original 
point  of  departure  to  a  station  at  a  greater  distance  on 
the  road  of  either  in  the  same  direction.  This  section 
shall  not  be  construed  as  affecting  the  right  of  any  rail- 
road corporation  to  establish  such  rates  on  freights 
shipped  over  its  line  in  carload  lots  from  points  outside 
the  State  to  points  beyond  the  State  as  may  seem  for  its 
best  interests,  and  the  sum  charged  or  received  for  the 
transportation  of  freight  shall  include  all  terminal  charges, 

Damages  for  violation  of  two  preceding  sections — Ex- 
cursion tickets.  ^  4488.  A  person  or  corporation  vio- 
lating a  provision  of  the  two  preceding  sections  shall  be 
liable  to  the  party  aggrieved  for  all  damages  sustained 
by  reason  of  such  violation,  in  an  action  on  the  case, 
bur  such  sections  shall  not  be  so  construed  as  to  prevent 
the  issuing  of  excursion,  mileage  and  commutation  tickets. 

Installation  of  telephones  in  stations.  §  4489.  Every 
railroad  corporation  doing  business  in  this  State  shall 
grant  to  every  person,  firm,  joint  stock  company  or  cor- 
poration operating  a  public  telephone  line  in  the  State 
and  having  at  least  500  telephone  connections,  equal 
and  reasonable  terms,  arrangements  and  facilities  for 
the  Installation  of  telephone  instruments  on  the  lines,  or 
connected  with  the  telephone  system  of  such  person, 
firm,  joint  stock  company  or  corporation,  in  all  depots, 
station  houses  or  offices  of  such  railroad  corporation  in 
the  State.  A  railroad  corporation  that  violates  the  pro- 
visions of  this  section  shall  be  fined  not  more  than  $1,000 
and  shall  be  further  liable  in  an  action  on  this  statute 
for  damages  to  the  party  injured  thereby,  but  the  pro- 
visions of  this  section  shall  not  apply  to  street  railways. 

M.XRKBT   »AY. 

Hates  and  aicommodations.  Si  4490.  A  person  or  cor- 
poration operating  a  railroad  in  this  State  shall  give  to 
each  station  upon  its  line,  when  so  requested  in  writing 
by  25  legal  voters  and  freeholders  of  the  town  or 
village  in  which  such  station  is  situated,  the  same  and 
equal  accommodations  and  facilities  as  to  market  days 
and  market-day  rates  of  fare  to  and  from  such  station, 
on  any  regular  train  upon  the  day  of  the  week  requested 
as  is  given  by  said  person  or  corporation  to  any  station 
upon    its    line. 

Unjust  discrimination — Penalty.  S  4491.  A  violation 
of  the  preceding  section  shall  be  construed  to  be  an  un- 
just discrimination.  A  person  or  corporation  violating 
such   section   shall   be  fined  not  more   than  $500. 

UNITKD   STATES    MAIL. 

Terms  for  carrying — Determination.  §  4492.  A  railroad 
corporation  shall,  when  applied  to  by  the  postmaster- 
general,  convey  the  mail  of  the  United  States  on  its 
road,  and,  if  such  corporation  does  not  agree  with  the 
postmaster-general  as  to  the  compensation  therefor,  and 
as  to  the  time,  rate,  speed  and  manner  of  carrying  the 
same,  the  public  service  commission  shall,  on  petition 
and  service  of  at  least  20  days  and  hearing,  fix  the 
prices,  terms  and  conditions  for  carrying  the  mail  on 
such  road,  on  its  regular  passenger  trains,  but  such  price 
shall  not  be  less  than  the  amount  which  such  corporation 
would  receive  as  freight  on  a  like  weight  of  merchandise 
transported  in  its  merchandise  trains  and  a  fair  com- 
pensation for  the  post-office  car.  And,  if  the  postmaster- 
general  requires  the  mail  to  be  carried  at  other  hours, 
or  at  a  higher  speed,  than  the  time  or  speed  of  the  pas 
senger  trains,  the  corporation  shall  furnish  an  extra 
train  for  the  mail,  and  have  extra  compensation,  to  be 
fixed  as  aforesaid. 

OPERATING    RAILKOADS. 

Heating  of  cars.  §  4493.  No  passenger,  mail  or  baggage 
cars  on  any  railroad  in  this  State  shall  be  heated  by 
any  method  or  heater,  unless  such  method,  or  the  use  of 
such  method  or  heater,  shall  first  have  been  approved 
in  writing  by  said  commission;  provided,  that  nothing  In 
this  section  shall  authorize  said  commission  to  prohibit 
the  heating  of  cars  by  steam  from  the  engine,  or  electric 
railways  cars  by  electricity. 


Bell  cords  or  signals.  §  4494.  A  person  or  corporation 
operating  a  railroad  or  part  of  a  railroad  in  this  State 
shall  supply  all  passenger  trains  with  a  bell  cord,  or  other 
device  for  signaling,  connecting  all  the  passenger  coaches 
with  the  locomotive  hauling  such  trains,  and  shall  also 
supply  all  mixed  trains  with  a  similar  device,  it  said 
commission  recommends   the   same. 

Brakes  for  passenger  trains.  §  4495.  All  railroad  pas- 
senger trains,  except  mixed  trains,  shall  be  provided 
with  brakes  operated  from  the  engine  by  the  engineer. 
[Amended  by  §  4,  No.  104,  Acts  of  1908  so  as  to  read  as 
follows:  §4495.  All  railroad  passenger  trains  shall  be 
provided  with  brakes  operated  from  the  engine  by  the 
engineer.] 

Neglect  to  comply  with  the  provisions  of  the  three  pre- 
ceding sections — Penalty.  <i  4496.  A  person  or  corpora- 
tion not  complying  with  the  provisions  of  the  three  pre- 
ceding sections  shall  be  fined  $50  for  every  violation 
thereof,  and  shall  be  liable  for  the  damages  and  injuries 
to  passengers  and  employes  on  its  road  resulting  from 
such  neglect. 

Badges,  i  4497.  A  conductor,  baggage  master,  engineer, 
brakeman  or  other  servant  of  a  railroad  corporation, 
employed  in  a  passenger  train,  or  at  stations  for  passen- 
gers, shall  wear  upon  his  hat  or  cap  a  badge,  which  shall 
indicate  his  office,  and  the  initial  letters  of  the  name  of 
the  corporation  by  which  he  is  employed.  No  officer 
without  such  badge  shall  demand  or  be  entitled  to  re- 
ceive from  any  passenger  any  fare,  toll  or  ticket  or  in- 
terfere with  a  passenger,  his  baggage  cr  property  or 
exercise  any  of  the  powers  of  his  office. 

Baggage  checks.  §  4498.  Baggage  masters  and  station 
agents  on  railroads  shall  give  checks,  when  requested 
so  to  do,  to  the  owners  of  baggage  who  hold  tickets, 
when  delivered  to  them  for  transportation  from  station 
to  station,  and  such  checks  shall  be  returned  to  the  bag- 
gage master  or  station  agent  when  he  delivers  the 
baggage  to  the  owner,  and  a  person  or  corporation 
operating  a  railroad  whose  officers  or  servants  do  not 
comply  with  the  requirements  of  this  section  shall  be 
fined  $10,  and  shall  also  be  liable  for  damages  which 
accrue    in    consequence   thereof. 

Formation  of  passenger  trains.  §  4499.  In  forming  a 
passenger  train  of  more  than  one  passenger  car,  no 
loaded  and  not  more  than  two  empty  baggage,  freight, 
merchandise  or  lumber  cars  shall  be  placed  in  the  rear 
of  passenger  cars,  and,  if  they  are  so  placed,  and  an  acci- 
dent happens  to  life  or  limb,  the  officer  or  agent  who 
so  directed,  or  knowingly  suffered  such  arrangement, 
and  the  conductor  and  engineer  of  the  train,  shall  eacl 
and  all  be  held  guilty  of  intentionally  causing  the  injury, 
and  be  punished  accordingly. 

Ejectment  of  passenger  from  train.  S  4500.  If  a  pas- 
senger in  a  train  refuses  to  pay  his  fare  or  toll  or  to 
comply  with  the  reasonable  regulations  of  the  corporation 
for  the  government  of  passengers,  or  is  disorderly  or 
intoxicated,  the  conductor  of  the  train  and  the  servants 
of  the  corporation  may  put  him  out  of  the  cars  at  the 
nearest  regular  station  on  such  railroad,  causing  the 
train  to  be  stopped  for  that  purpose,  and  conductors 
agents,  -servants  or  ether  officials  of  a  railroad  corpora- 
tion shall  not  forcibly  eject  or  cause  to  be  ejected,  or 
put  out  of  a  train,  any  passenger  for  non-payment  of 
fare,  or  for  being  intoxicated  or  disorderly,  except  it  be 
at  a  regular  station  on  such  railroad. 

Same — Damages.  §  4501.  A  person  or  corporation  run- 
ning trains  en  any  railroad  in  this  State  and  the  con- 
ductors, agents,  servants  or  other  officers  of  such  rail- 
road shall  be  responsible  for  all  injury  and  damage  to 
persons  or  property  arising  by  reason  of  non-compliance 
with  or  a  violation  of  the  requirements  of  the  preceding 
sei  ticn,   to  be   recovered  in  an   action  on  the  case. 

Refusal  to  pay  fare — Penalty.  §  4502.  A  person  enter- 
ing as  a  passenger  upon  a  railroad  train  and  refusing  to 
pay  his  fare  shall  be  fined  not  more  than  $20  nor  less 
than  $2. 

Running  out  of  time — Penalty.  5  4503.  A  conductor, 
engineer  or  other  person  having  the  control  of  an  engine 
or  train  of  cars,  who  runs  such  engine  or  train  of  cars 
or  allows  the  same  to  be  run  upon  a  section  of  railroad, 
upon   the   time  designated   for  any   other   engine  or   train 


1348 


National  Association  of  Hailway  Commissioners 


of  cars  to  run  upon  such  section  in  an  opposite  direc- 
tion, without  notice  from  the  conductor,  engineer,  train 
dispatcher,  or  ether  person  having  control  of  the  move- 
ment of  the  last-mentioned  engine  or  train  of  cars,  au- 
thori";ing  him  to  so  run,  shall  be  fined  not  more  than 
$1,000  nor  less  than   $100. 

Onlp  company's  engines  to  be  run  on  road — Penalty. 
§  4504.  No  locomotive,  engine  or  other  power  shall  run 
upon  a  railroad,  except  such  as  belong  to  and  are  con- 
trolled by  the  person  or  corporation  owning  and  man- 
aging the  road,  unless  by  the  consent  of  said  person  or 
corporation.  An  engineer  or  other  person  violating  the 
provisions  of  this  section  shall  be  liable  to  the  person 
or  corporation  for  the  damages  thereby  sustained,  and 
shall  be  fined  not  more  than  $500,  and,  if  a  collision  of 
train  results  from  the  violation  of  this  section,  whereby 
a  person  is  killed,  such  engineer  or  other  person  shall 
be  guilty  of  manslaughter.  This  section  shall  not  be 
enforced  when  it  confiicts  with  the  charter  of  a  railroad 
corporation  organized   under  the   laws   of   this   State. 

Rate  of  speed  at  passenger  depots.  §  4505.  X  person 
having  the  control  of  a  detached  engine,  or  an  engine 
with  a  passenger  train  of  cars  attached,  who  runs  such 
engine  or  such  passenger  train  into  or  through  a  pas- 
senger depot  at  a  speed  exceeding  4  miles  an  hour, 
shall  be  fined  $10. 

Employ  of  person  using  intoxicating  liquors — Penalty — 
Damages.  §  4506.  If  a  railroad  corporation  employs  or 
retains  in  its  service  a  conductor,  engineer,  brakeman, 
switchman,  semaphore  or  other  signalman,  train  dis- 
patcher, telegraph  operator  who  receives  train  orders, 
motorman  or  operator  of  an  electric  car,  who  uses  in- 
toxicating liquors  as  a  beverage,  such  fact  being  known 
to  the  president,  superintendent  or  any  of  the  directors 
of  such  "road,  such  corporation  shall  be  fined  not  more 
than  $3,000  nor  less  than  $300,  and  shall  also  be  liable 
for  the  damages  which  a  person  sustains  by  the  employ- 
ment or  retention  of  such  employe. 

Use  of  intoxicating  liquor  by  employe — Penalty.  §  4507. 
A  person  named  in  the  preceding,  section  who,  while  in 
control  of  the  movement  of  an  engine,  train,  electric  car 
or  semaphore,  or  while  engaged  in  the  discharge  of  any 
duty  relating  to  his  employment  is  intoxicated,  shall  be 
imprisoned  in  the  State  prison  not  more  than  one  year 
or  fined  not  more  than  $500. 

Negligence  of  employe — Penalty.  §  4508.  An  engineer, 
fireman  or  other  agent  of  a  railroad  who  is  guilty  of 
negligence  or  carelessness,  whereby  an  injury  is  done 
to  a  person  or  corporation  shall  be  imprisoned  not  more 
than  cne  year  or  fined  not  more  than  $1,000.  This 
section  shall  not  exempt  a  person  or  corporation  from 
an  action  for  damages. 

Property  held  for  injuries  on  road.  §  4509.  When  the 
property  or  person  of  another  is  injured  through  thq 
default  of  a  person  or  corporation  owning  or  operating  a 
railroad,  or  the  agents  or  employes  thereof,  the  cars, 
engines  and  other  property,  which,  at  the  time  of  such 
Injury,  are  subject  to  use  in  the  running  and  management 
of  such  road,  and  which  have,  at  any  time,  been  owned 
by  said  person  or  corporation,  shall  be  held  to  be  the 
property  of  the  person  or  corporation,  for  the  purpose  of 
furnishing  indemnity  for  such  injury,  and  may  be  at- 
tached and  levied  upon  as  such  at  the  suit  of  the  party 
injured. 

■Damages  by  fire  communicated  by  engine.  §  4510.  A 
person  or  corporation  owning  or  operating  a  railroad 
shall  be  responsible  in  damages  for  a  building  or  other 
property  injured  by  fire  communicated  by  a  locomotive 
engine  on  such  road,  unless  due  caution  and  diligence 
are  used  and  suitable  expedients  employed  to  prevent 
such  injury.  Said  person  or  corporation  shall  have  an 
insurable  interest  in  the  property  along  its  route,  and 
may    procure   insurance   thereon. 

Double  damages  for  injuring  road  or  property.  §  4511. 
A  person  who  wilfully  does  or  causes  to  be  done  an  act 
whereby  a  building,  fence,  construction,  work,  engine, 
machine  or  structure,  or  any  matter  or  thing  appertain- 
ing to  a  railroad,  is  stopped,  obstructed.  Injured  or  de- 
stroyed, shall  forfeit  to  the  person  or  corporation  own- 
ing or  operating  the  same,  double  the  amount  of  dam- 
ages  sustained. 


RAILBOAD   POLICE. 

Appointment — Commissions.  §  4512.  The  selectmen  of 
a  town  may,  upon  petition  of  a  person  or  corporation 
owning  or  operating  a  railroad,  appoint  such  employef 
as  said  person  or  corporation  designates  to  act  as  po- 
lice in  and  upon  the  premises  and  cars  owned,  managed 
cr  used  by  said  person  or  corporation,  and  shall  issue 
to  such  employes  commissions  to  act  as  police,  and 
copies  of  such  commissions  shall  be  certified  by  said 
selectmen,  and  filed  by  the  person  or  corporation  in  the 
ofl^ice  of  the  secretary  of  State,  and  the  filing  of  such 
copies  shall  constitute  the  persons  named  therein  police 
within   the   State. 

Term  of  office.     §  4513.     [Omitted.] 

Badges.  §  4514.  Such  police,  except  passenger  conduc- 
tors, shall,  when  on  duty,  except  as  detectives,  wear  a 
metallic  badge  in  plain  view  with  the  words  "railroad 
police,"  and  the  name  or  initials  of  the  name  of  the 
railroad  for  which  they  are  appointed,  inscribed  thereon. 

Arrest — Place  of  trial  of  offenders.     §  4515.     [Omitted. J 

Compensation — Liability  of  employer  for  misconduct 
§  4516.  The  compensation  of  railroad  police  shall  be  paid 
by  the  person  or  corporation  upon  whose  petition  they 
are  appointed,  and  such  person  or  corporation  shall  te 
liable  to  parties  aggrieved  by  the  official  misconduct  otj 
such  railroad  police  in  the  same  extent  as  they  are 
the   torts  of  agents   and   servants   in   their  employ. 

Loitering  in  stations — Penalty.     §  4517.     [Omitted.] 

Minor   boarding   train   or   loitering   about  yard  or 
tion—Penalty.     §  4518.     [Omitted.] 

CHAPTER  192. 

STREET  RAILWAYS. 

location  and  construction. 

statement   of   location  and   description   of  route   to 
filed.     §  4519.     A  person  or  corporation  proposing  to  con 
struct  a  railway  in  any  of  the  highways  or  streets  in  this  \ 
State   shall   file   with   the   selectmen   of   the  town,   or  the 
aldermen  of  the  city,  or  with  the  trustees  of  the  villagi-. 
and  with  the  town,  city  or  village  clerk  of  the  town,  city! 
or   village    in    which   such   railway    is   proposed   to   be    1 1 
cated,  a  statement  defining  the  streets  and  highways  an  Ji 
the   portions   thereof  In   which   such   railway  is   to  be   lii*| 
cated,   the   tracks,    turnouts    and    switches   to   be    placiJ| 
therein,   the   culverts    and   bridges    that   the   same   is   la 
cross,  the  manner  of  improving  and  strengthening  the  saiii«%1 
the  location  of  poles  or  wires  that  are  intended  to  be  ustd' 
in  connection  therewith  and  the  kind  of  power  to  be  used  in  ' 
operating  the  same,  before  beginning  the  construction  <  f 
such  railway. 

Same — Consent  to  be  obtained  before  constructio  i. 
§  4520.  The  statement  referred  to  in  the  preceding  sectic  ii 
may  be  made  with  reference  to  sections  or  portions  i  f 
such  railway;  and,  before  beginning  the  construction  (  f 
such  railway,  such  statement  shall  be  made  and  filed  and 
the  permission  of  the  selectmen,  aldermen  or  trustees  o  >- 
tained  for  building  and  operating  such  railway  in  tlj 
streets  and  highways  described  in  the  statement.  | 

Appeal    to    public    service    commission,    upon    disagrt 
nient.     §  4521.     It  such  person  or  corporation  fails  lo  agri-ej 
with  the  selectmen,  aldermen  or  trustees  upon  the  locatio  i,  I 
manner   of   construction   or    use    of    such    railway,    eith<TJ 
party  may  apply  to  the  public  service  commission.     Upcn 
such  application,  said  commission,  after  due  notice  to  tl  e 
parties,  shall  examine  the  premises,  hear  the  parties  ard 
decide  the  questions  presented  to  it,  and  its  decisioTi  she  11 
be  final. 

Appeal  by  aggrieved  person — Proceedings.  §  4522.  If  a 
person  claims  to  be  aggrieved. or  damaged  by  the  construc- 
tion or  operation  of  such  railway,  and  cannot  agree  as  o 
the  same  with  the  railway  corporation,  either  party  mi.y 
apply  by  petition  to  the  county  court  of  the  county  whe:-e 
the  property  claimed  to  be  affected  or  damaged  is  situ- 
ated, if  such  court  is  in  session,  if  not,  to  any  superior 
judge,  setting  forth  In  substance  the  matter  in  dispute; 
whereupon,  and  after  due  notice,  said  court  or  judge  shall 
appoint  three  disinterested  persons,  commissioners,  who 
shall,  after  due  notice  and  hearing,  deslde  the  question ' 
submitted  to  them,  and  make  full  report  of  their  doings 
and  findings  to  the  county  court,  which  shall  render  judg- 


Public  Service  Laws 


1349 


ment  thereon  and  have  all  the  powers  of  the  court  ol 
chancery  in  relation  thereto.  The  hearing  before  the  com- 
missioners and  upon  their  report  in  the  county  court  and 
all  right  of  exeception  thereto  shall  be  the  same  as  pro- 
vided by  law  and  the  rules  of  practice  in  the  matter  of 
hearings  before  referees  and  upon  the  report  of  referee, 
and  the  same  exceptions  may  be  had  as  in  such  cases  to 
the  rulings  and  judgments  of  the  court. 

/Statement  to  6e  filed  with  highway  commissioner.  S  4523. 
A  person,  company  or  corporation  intending  to  construct 
a  railway  operated  by  motive  power,  other  than  steam,  on 
a  public  highway  that  has  been  built  or  repaired  with 
State  money,  shall  file  with  the  State  highway  commis- 
sioner a  duplicate  of  the  notice  and  statement  required 
to  be  filed  in  the  fourth  preceding  section. 

Duties  of  highway  commissioner.  §  4524.  The  State 
highway  commissioner  shall,  upon  receipt  of  such  notice, 
confer  with  the  selectmen  of  the  town,  aldermen  of  the 
city  or  trustees  of  the  village  In  which  such  street  railway 
is  to  be  located,  with  reference  to  building  the  same,  to 
the  damage  to  such  highway  and  to  its  future  maintenance. 

Conditions  of  construction  to  be  prescribed  by  commis- 
sioner and  local  authorities.  5  4525.  If,  in  the  opinion  of 
said  highway  commissioner  and  local  authorities,  the  build- 
ing of  such  street  railway  would  cause  injury  to  the  high- 
way by  narrowing  the  roadbed,  by  changing  the  grade  for 
the  railway  track  only,  by  interfering  with  the  drainage  of 
such  highway  or  in  any  other  way  damaging  the  same, 
they  shall  set  forth,  in  writing,  the  conditions  and  re- 
quirements for  the  preservation  and  protection  of  such 
highway;  and  such  street  railway  shall  be  built  in  con- 
formity with  such  conditions  and  requirements.  Such 
conditions  and  requirements  shall  be  duly  recorded  in  the 
offlce  of  the  town  or  city  clerk  where  such  road  Is  lo- 
cated. 

CROSSINGS    AT    GRADK. 

Prohibited  without  permission  of  commissioners.  §  4526. 
No  street  railway  or  other  railroad  shall  hereafter  be  laid 
or  constructed  across  another  railroad  at  grade,  unless  per- 
mission of  the  public  service  commission  for  such  grade 
crossing  is  first  obtained.  Such  permission  shall  only  be 
granted  after  a  public  hearing  before  said  commission, 
held  in  the  town  in  which  such  crossing  is  proposed;  and, 
if  granted,  said  commission  shall  fix  the  terms  upon  which 
and  the  manner  in  which  such  crossing  shall  be  main- 
tained. 

Not  displaying  signals  at  grade  crossings — Penalty. 
§  4527.  A  person  or  corporation  operating  an  electric  rail- 
way, or  a  motorman  or  conductor  of  an  electric  car  ope- 
rated upon  an  electric  railway,  who  runs  an  electric  car 
over  a  grade  crossing  with  a  steam  railroad  without  first 
bringing  such  car  to  a  stop  and  displaying  such  danger 
signals  upon  the  steam  railroad  as  may  be  established  by 
the  order  of  the  public  service  commission,  except  in 
cases  where  such  signals  are  displayed  by  another  person 
employed  for  that  specific  purpose,  shall  be  fined  $25  for 
each  offense.  The  State's  attorney  of  the  county  where 
the  offense  is  committed  shall  prosecute  therefor  upon  the 
complaint  of  any  person. 

FKNDERS  AND  GUARDS. 

Cars  to  be  equipped  with.  §  4528.  A  street  railway 
corporation  operating  cars  by  any  motive  power  other  than 
horsepower  shall  equip  its  cars,  when  in  use,  with  such 
fenders  and  guards  as  may  be  required  by  the  public 
service  commission;  and  said  commission  shall  have  power 
from  time  to  time  to  modify  and  Increase  the  extent  of  its 
requirements. 

Hame — Penalty  for  neglect.  S  4529.  Said  commission 
shall  notify  in  writing  street  railway  corporations  doing 
business  in  this  State  of  its  requirements  under  the  pre- 
ceding section;  and  a  corporation  neglecting  for  a  period 
of  three  months  after  such  notification  to  comply  with 
such  requirements  shall  be  fined  not  more  than  $100  nor 
less  than  $50  for  each  day  that  such  neglect  continues. 

MISCELLANEOUS. 

Effect  of  this  chapter.  §  4530.  The  provisions  of  this 
chapter  are  hereby  made  a  part  of  all  special  Acts  of 
incorporation  of  all  street  railways  heretofore  granted; 
and  the  provisions  of  all  such  Acts  of  incorporation,  and 
of  all  charters  of  cities  and  villages  are,  so  far  as  the  same 
may  be  inconsistent  with  the  provisions  of  this  chapter, 
hereby  repealed. 


CHAPTER  193. 
REGULATION   OF   RAILROAD    RATES. 

"Transportation"  defined.  §  4531.  The  word  "transppr- 
tation,"  as  used  in  this  chapter,  shall  include  cars  and 
other  vehicles  and  all  instrumentalities  and  facilities  of 
shipment  or  carriage,  irrespective  of  ownership  or  of  any 
contract,  express  or  implied,  for  the  use  thereof,  and  all 
services  In  connection  with  the  receipt,  delivery,  elevation, 
and  transfer  in  transit,  ventilation,  refrigeration  or  icing, 
storage  and  handling  of  property  transported. 

Passes  prohibited — Exception.  §  4532.  No  railroad  shall, 
directly  or  indirectly,  issue  or  give  a  free  ticket,  free  pass 
or  free  transportation  to  a  person;  nor  shall  a  person  use 
any  free  ticket,  pass  or  transportation;  provided  that  this 
section  shall  not  apply  to  the  public  service  commission, 
the  clerk  and  other  employes  of  said  commission,  the  em- 
ployes of  the  railroad  and  their  families,  or  its  ofiicers, 
agents,  servants,  physicians  and  attorneys  and  their  fami- 
lies, traveling  secretaries  of  Railroad  Young  Men's  Chris- 
tian Associations,  necessary  caretakers  of  live  stock,  perish- 
able farm  and  dairy  produce,  poultry  and  fruit,  employes 
on  parlor,  sleeping  and  express  cars,  linemen  of  telegraph 
and  telephone  companies,  railway  mail  service  employes, 
postoffice  inspectors,  customs  officers  and  immigration  in- 
spectors and  their  deputies,  newsboys  on  trains,  baggage 
agents,  persons  Injured  in  wrecks  and  the  nurses  and  phy- 
sicians attending  such  persons;  nor  shall  it  apply  to  the 
interchange  of  passes  between  the  officers,  agents  and 
employes  of  railroads  and  their  families,  nor  to  the  carry- 
ing of  passengers  free  in  case  of  epidemics,  pestilence  or 
other  calamitous  visitations. 

An  Act  approved  November  6,  1908,  amended  §  4532  by 
adding  thereto  the  following:     "nor  shall  it  apply  to  the 
carrying  of  fire  companies  and  their  equipment  free,  or  at 
special  and  reduced  rates,  in  case  of  conflagration." 
Act  No.  106  of  1908  was  as  follows: 

No.  106. 
An   Act  to  amend   §  4532  of  the  Public  Statutes,  relating 

to  free  passes. 
It  is  hereby  enacted  by  the  general  assembly  of  the  State 

of  Vermont: 

§  1.  Section  4532  of  the  Public  Statutes  is  hereby 
amended  so  as  to  read  as  follows : 

§  4532.  No  railroad  shall,  directly  or  indirectly,  issue 
or  give  a  free  ticket,  free  pass  or  free  transportation  to  a 
person;  nor  shall  a  person  use  any  free  ticket,  pass  or 
transportation;  provided  that  this  section  shall  not  apply 
to  the  public  service  commission,  the  clerk  and  other  em- 
ployes of  said  commission,  the  employes  of  the  railroad  and 
their  families,  or  its  oflScers,  agents,  servants,  physicians 
and  attorneys  and  their  families,  traveling  secretaries  of 
Railroad  Young  Men's  Christian  Associations,  county  secre- 
taries of  Young  Men's  Christian  Associations,  necessary 
caretakers  of  live  stock,  perishable  farm  and  dairy  produce, 
poultry  and  fruit,  employes  on  parlor,  sleeping  and  express 
cars,  linemen  of  telegraph  and  telephone  companies,  rail- 
way mail  service  employes,  postoffice  inspectors,  customs 
officers  and  immigration  inspectors  and  their  deputies, 
newsboys  on  trains,  baggage  agents,  persons  injured  in 
wrecks  and  the  nurses  and  physicians  attending  such 
persons;  nor  shall  it  apply  to  the  interchange  of  passe* 
between  the  officers,  agents  and  employes  of  railroads  and 
their  families,  nor  to  the  carrying  of  passengers  free  in  case 
of  epidemics,  pestilence  or  other  calamitous  visitations;  nor 
shall  it  apply  to  the  transportation  of  live  fish  for  the  pur- 
poses of  stocking  the  waters  of  this  State  or  for  propaga- 
tion, and  the  necessary  caretakers  in  charge  thereof. 

§  2.    This  Act  shall  take  effect  from  its  passage. 

Approved  December  2,  1908. 

This  was  superseded  by  Act  154  of  the  Acts  of  1910  as 
follows:  I 

No.  154. 
An  Act  in  amendment  of  §   2,   of  No.  105  of  the  Acts  of 

1908. 
It  is  hereby  enacted  by  the  general  assembly  of  the  State 
of  Vermont: 

§  1.  Section  4532  of  the  Public  Statutes  as  amended  by 
§  1  of  No.  106  of  the  Acts  of  1908,  and  an  Act  entitled  an 
Act  to  amend  §  4532  of  the  Public  Statutes  relating  to  free 
transportation,  approved  December  14,  1910,  Is  hereby 
amended  so  as  to  read  as  follows: 

§  4532.    No  railroad  shall,  directly  or  indirectly.  Issue 


1350 


National  Association  of  Eailway  Commissioners 


or  give  to  any  person  a  free  ticket,  tree  pass  or  transpor- 
tation; nor  shall  any  person  use  any  free  ticket,  pass  or 
transportation;  provided  that  this  section  shall  not  apply 
to  the  members  of  the  public  service  commission,  the  clerk 
and  other  employes  of  said  board,  the  employes  of  the 
railroad  and  their  families,  or  its  officers,  agents,  servants, 
physicians  and  attorneys  and  their  families,  traveling  secre- 
taries of  Railroad  Young  Men's  Christian  Associations, 
county  secretaries  of  Young  Men's  Christian  Associations, 
necessary  caretakers  of  live  stock,  perishable  farm  and 
dairy  produce,  poultry  and  fruit,  employes  on  parlor, 
sleeping  and  express  cars,  linemen  of  telegraph  and  tele- 
phone companies,  railway  mail  service  employes,  post- 
office  inspectors,  customs  officers  and  immigration  inspec- 
tors and  their  deputies,  newsboys  on  trains,  baggage 
agents,  persons  injured  in  wrecks  and  the  nurses  and  phy- 
sicians attending  such  persons;  nor  shall  it  apply  to  the 
interchange  of  passes  between  the  officers,  agents  and  em- 
ployes of  railroads  and  their  families,  nor  to  the  carrying 
of  passengers  free  in  case  of  epidemics,  pestilence  or  other 
calamitous  visitations;  nor  shall  it  apply  to  the  trans- 
portation of  live  fish  for  the  purpose  of  stocking  the 
waters  of  this  State  or  for  propagation,  and  the  necessary 
caretakers  in  charge  thereof;  nor  shall  it  apply  to  tho 
carrying  of  firo  companies  and  their  equipment  free,  or 
at  special  and  reduced  rates,  in  case  of  conflagration; 
nor  to  the  transportation  of  freight  or  passengers  when 
the  same  are  being  used  or  employed  under  order  of  any 
State   officials  in  imparting  instruction   upon  agriculture. 

This  section  shall  not  apply  to  the  exchanges  by  the 
railroad  companies  of  the  State,  of  the  mileage  books  for 
advertising  space  in  the  newspapers  of  the  State,  at  regu- 
lar published  card  rates,  said  advertising  to  include  the 
publication  of  their  time  tables  and  such  other  bona  fide 
advertising  matter  as  shall  be  deemed  proper.  Mileages 
80  used  must  be  accounted  for  in  the  annual  reports  to 
the  public  service  commission  and-  in  the  annual  reports 
to  the  stockholders  of  the  respective  roads  issuing  said 
mileage,  as  though  said  mileages  were  sold  for  cash;  and 
advertising  bought  with  mileages  must  be  vouchered  and 
Included  in  the  advertising  expense  accounts  in  said  reports 
as  though  paid  for  in  cash. 

Approved  January  28,  1911. 

Act  153  of  1910,  referred  to  above  in  Act  154,  was  as  fol- 
lows: 

An  Act  to  amend  §  4532  of  the  Public  Statutes  relating  to 

free  transportation. 
/(  is  hereby  enacted  t>y  the  general  assembly  of  the  State 
of  Vermont: 

§  1.  Section  4532  of  the  Public  Statutes  Is  hereby 
amended  by  adding  thereto  the  following: 

This  section  shall  not  apply  to  the  exchanges  by  the 
railroad  companies  of  the  State,  of  the  mileage  books  for 
advertising  space  In  the  newspapers  of  the  State,  at  regular 
published  card  rates,  said  advertising  to  include  the  publi- 
cation of  their  time  tables  and  such  other  bona  fide  adver- 
tising matter  as  shall  be  deemed  proper;  nor  shall  it  apphj 
to  the  carrying  of  fire  companies  and  their  equipment  free. 
or  at  special  and  reduced  rates  in  case  of  conflagration. 
Mileages  so  used  must  be  accounted  for  in  the  annual 
reports  to  the  public  service  commission  and  in  the  annual 
reports  to  the  stockholders  of  the  respective  roads  issuing 
said  mileages,  as  though  said  mileages  were  sold  for  cash; 
and  advertising  bought  with  mileages  must  be  vouchered 
and  included  in  the  advertising  expense  accounts  in  said 
reports  as  though  paid  for  in  cash. 

§  2.    This  Act  shall  take  effect  from  its  passage. 

Approved  December  14,  1910. 

Act  107  of  1908  is  as  follows: 

Asf  Act  to  amend  §  4533  of  the  Public  Statutes  relating  to 

schedules  of  railroads. 
Jt  is  hereby  enacted  by  the  general  assembly  of  the  State 
of  Vermont: 

§  1.  Section  4533  of  the  Public  Statutes  is  hereby 
amended  so  as  to  read  as  follows: 

Schedules  of  rates.  §  4533.  Every  railroad  corporation 
shall  file  with  said  commission,  and  keep  on  file  in  all  rail- 
road offices  In  the  State,  schedules  showing  the  rates  or 
tariffs  charged  by  such  corporation  for  transportation  of 
passengers  and  property  between  the  different  points  on 
its  own  lines,  and  between  the  points  on  its  own  lines  and 
those  of  all  other  common  carriers  with  which  it  has  a 
Joint  rate,  and  also  showing  the  charge  for  any  and  all 


services  of  any  and  all  kinds  connected  with  such  trans- 
portation, and  shall  post  conspicuously  In  all  depots,  sta- 
tions antf  offices  in  the  State,  a  notice  that  such  schedules 
are  on  file  in  said  offices  and  can  be  seen  on  application 
to  the  person  in  charge,  and  such  schedules  may  be  In- 
spected by  any  person  upon  application  and  without  the 
assignment  of  any  reason  therefor. 

The  agent  or  other  employe  on  duty  in  the  office  shall 
give  any  assistance  desired  In  securing  information  from 
or  in  interpreting  such  schedules. 

The  rates,  tariffs  and  charges  so  scheduled  and  kept  In 
such  offices  shall  not  be  increased,  unless  notice  of  the 
proposed  increase  is  filed  with  said  commission  and  in 
such  offices  at  least  30  days  prior  to  the  time  such  increase 
is  to  take  effect. 

But  said  commission  may,  for  good  cause  shown,  modify 
the  requirements  of  this  section  in  particular  instances,  or 
by  a  general  order  applicable  to  special  circumstances  or 
conditions. 

Approved  December  11,  1908.  || 

TJability  for  loss,  damage  or  injury  while  property  ii 
being  transported.  §  4534.  A  railroad  or  transportation 
company  receiving  property  for  transportation  from  a  point 
in  this  State  to  another  point  in  this  State,  shall  be  liable 
for  any  loss,  damage  or  injury  to  such  property  while  the 
same  is  in  the  custody  of  any  other  common  carrier  to 
whom  it  may  be  delivered  in  due  course  of  transportation, 
to  the  same  extent  and  the  same  as  if  such  loss,  damage 
or  Injury  occurred  on  Its  own  line;  and  no  contract,  re- 
ceipt, rule  or  regulation  shall  exempt  such  railroad  or 
transportation  company  from  the  liability  hereby  imposed. 
But  such  company  shall  be  entitled  to  recover  from  the 
common  carrier  on  whose  line  the  loss,  damage  or  injury 
occurs,  the  amount  which  it  is  compelled  to  pay  on  ac^ 
count  thereof. 

Powers  of  Public  Service  C&mmission.  §  4.535.  When," 
in  the  judgment  of  the  public  service  commission,  after 
investigation  and  hearing,  upon  reasonable  notice  to 
parties  interested,  it  appears  that  any  of  the  rates,  tarl 
or  charges  posted  as  provided  in  the  second  precediiii 
section,  are  excessive,  unjust,  unreasonable  or  discrimina- 
tory, or  that  the  facilities  and  accommodations  furnished 
by  any  railroad  corporation  are  not  adequate,  reasonable 
and  equal,  it  shall,  by  order  made  in  the  premises,  deter-_ 
mine  and  prescribe  what  will  be  a  just  and  reasonabl" 
rate,  tariff  or  charge,  or  adequate,  reasonable  or  equi 
facilities  and  accommodations,  and,  after  giving  notice  oj 
such  an  order,  may  fix  a  time  within  which  such  railroai 
corporation  shall  comply  with  such  order. 

Appeal  from  order  of  Public  Service  Commission — Prit 
ceedings.  S  4.536.  Any  party  in  interest  may  appeal  to  th 
Supreme  Court  from  orders  of  said  commission  relatli 
to  any  matters  arising  under  the  preceding  section,  for  th 
correction  of  any  errors  excepted  to  in  the  proceeding 
before  said  commission,  or  In  the  form  or  substance  of 
such  orders  on  the  facts  found  and  reported  by  said  com- 
mission. Such  appeal  shall  be  taken  to  and  the  cause 
entered  In  the  Supreme  Court  In  the  county  where  the 
cause  arises,  or  is  heard,  in  the  manner  and  under  the 
law  and  rules  of  procedure  which  govern  such  appeals 
from  the  court  of  chancery.  The  Supreme  Court  shall 
have  the  same  power  therein  as  it  has  over  appeals  from 
the  court  of  chancery.  It  may  reverse  or  affirm  such 
orders  of  said  commission  and  may  remand  the  cause  to 
said  commission  with  such  mandates  as  law  or  equity 
requires;  and  said  commission  shall  enter  judgment, 
order  or  decree  in  accordance  with  such  mandate.  Such 
appeal  shall  not  stay  or  vacate  an  order  of  said 
commission  relating  to  any  matters  arising  under  the 
preceding  section ;  but  orders  relating  to  rates,  tar- 
iffs or  charges  may  be  stayed  pending  such  appeal,  if 
a  judge  of  the  Supreme  Court  finds  good  cause  there- 
for. If  the  order  of  said  commission  ordering  a  lower 
rate,  tariff  or  charge  is  affirmed,  the  railroad  corporation 
shall  be  liable  to  the  persons,  firms  or  corporations  which 
have  paid  the  old  rate  pending  such  appeal,  for  the  excess 
of  the  old  rate  over  the  new  rate  and  interest  thereon. 

Express,  parlor  and  sleeping  car  companies.  §  4537. 
Every  joint  stock  company  or  corporation  doing  an  express, 
parlor  car  or  sleeping  car  business  in  this  State  shall  be 
subject  to  the  provisit)ns  of  §§  4485  and  4486,  and  of  this 
chapter;  and  all  references  and  provisions  therein  or  herein 


Public  Service  Laws 


1351 


contained  as  to  railroad  companies  shall  be  construed  to 
extend  and  apply  to  corporations  or  joint  stock  companies 
operating  express,  parlor  or  sleeping  car  business  within 
this  State.  Said  commission  is  hereby  authorized  and  em- 
powered to  exercise  the  same  authority,  control  and  regu- 
lation over  and  in  regard  to  such  companies  or  corporations 
and  their  business,  within  this  State,  as  is  granted  it  by 
this  chapter  in  respect  to  railroad  companies. 

Application  of  preceding  sections.  §  4538.  The  pro- 
visions of  the  preceding  sections  shall  be  construed  to 
apply  only  to  traffic  entirely  within  this  State. 

Demurrage  charges.  §  4539.  No  railroad  or  transpor- 
tation company  doing  business  in  this  State  shall  charge, 
collect  or  receive  any  demurrage  charge  on  freight  received 
at  any  station  in  this  State  until  four  days,  not  including 
Sundays  or  holidays,  after  it  shall  have  notified,  verbally 
or  by  mail,  the  consignee  of  such  freight  of  its  arrival. 

[See  No.  147,  Acts  of  1910,  below.] 

Furnishing  of  cars  to  shippers.  §  4540.  A  railroad  cor- 
poration shall  furnish  a  shipper  with  cars,  as  the  shipper 
may  require,  within  four  days,  not  including  Sundays  or 
holidays,  after  receipt  of  written  order  therefor,  and.  for 
wilful  refusal  or  neglect  so  to  do,  shall  be  subject  to  the 
first  penalty  imposed  by  the  following  section,  and  shall 
be  further  liable  to  the  injured  party  for  any  damage 
which  may  accrue  to  him  by  reason  of  such  refusal  or 
neglect.  If  a  person  unnecessarily  orders  or  retains  a 
car,  he  shall  answer  in  damages  to  the  railroad  corpora- 
tion therefor.  When  the  public  service  commission,  has, 
under  the  provisions  of  law,  ordered  a  railroad  corpora- 
tion to  provide  additional  equipment  or  rolling  stock,  and 
such  corporation  has  complied  with  such  order,  it  shall 
not  be  liable  by  way  of  damages  or  penalty  for  failure  to 
furnish  cars,  it  such  failure  is  occasioned  solely  by  short- 
age of  sufficient  rolling  stock. 

Receiving  or  giving  rebates  and  lower  rates — Penalti/. 
§  4541.  A  person  or  corporation  that  violates  a  provision 
of  this  chapter,  or  any  of  the  provisions  of  §§  4485  and 
4486,  shall  be  fined  not  more  than  $1,000  for  each  offense. 
A  person  who  knowingly  receives,  directly  or  indirectly, 
the  benefit  of  any  rebate  or  any  lower  rate,  fare  or  charge 
for  transportation  of  persons  or  property,  or  for  any  serv- 
ice connected  therewith,  than  is  fixed  by  the  schedules 
posted  as  provided  by  this  chapter,  or  any  officer  or  em- 
ploye of  any  railroad  or  transportation  company  granting 
the  same,  or  knowingly  consenting  thereto,  shall  be  im- 
prisoned not  more  than  one  year  or  fined  not  more  than 
$1,000  for  each  offense.  Any  number  of  offenses  may  be 
joined  in  the  prosecution  under  this  section  and  the  pen- 
alty shall  be  imposed  for  each  offense  proved. 

Liability  for  damages  not  affected  by  penal  provisions. 
§  4542.  The  penal  provisions  of  the  preceding  sections 
shall  not  be  construed  as  in  any  way  affecting  the  right 
of  any  injured  party  to  recover  damages  in  any  action  at 
law  for  any  violation  of  the  provisions  of  this  chapter,  or 
of  §§  4485  and  4486. 

Investigation  and  notice  of  violations  of  provisions  of 
this  chapter.  §  4543.  Whenever  the  public  service  com- 
mission has  information  or  complaint  that  a  person  or  cor- 
poration has  violated  or  is  violating  a  provision  of  this 
chapter,  or  has  knowingly  assisted  in  and  consented  to  or 
profited  by  such  violation,  it  shall  at  once  investigate  the 
matter,  and  may,  if  deemed  necessary,  set  a  time  and 
place  for  hearing  the  same.  If  said  commission  deter- 
mines from  such  investigation  or  hearing  that  a  provision 
of  this  chapter  has  been  violated,  it  shall  forthwith  certify 
its  findings  to  the  attorney-general,  or  the  State's  attorney 
of  tile  county  where  the  offense  is  committed. 

CHAPTER   194. 

GRADE    CROSSINGS. 

Petition  for  alterations,  changes  and  removals.  §  4544. 
The  selectmen  of  a  town  within  which  a  public  highway 
crosses  or  is  crossed  by  a  railroad,  or  the  general  manager 
or  attorney  of  a  railroad  corporation  whose  road  crosses 
or  is  crossed  by  a  public  highway  may  bring  their  petition 
in  writing  to  the  public  service  commission,  alleging  that 
public  safety  requires  an  alteration  in  such  crossing,  its 
approaches,  the  method  of  crossing,  the  location  of  the 
public  highway,  the  closing  of  a  public  highway  crossing 
and  the  substitution  of  another  therefor,  not  at  grade,  or 
the  removal  of  obstructions  to  the  sight  at  such  crossing, 
and   praying  that  the   same   may  be   ordered,   whereupon 


said  commission  shall  appoint  a  time  and  place  for  hear- 
ing the  petition  on  notice  of  not  less  than  10  days  to  the 
petitioners,  the  corporation,  the  municipality  in  which 
such  crossing  is  situated,  the  owners  of  the  land  adjoin- 
ing such  crossing,  and  adjoining  that  part  of  the  highway 
to  be  changed  in  grade,  and  to  the  attorney-general,  who 
shall,  by  himself  or  through  the  State's  attorney  of  the 
county  wherein  the  crossing  is  located,  represent  the  in- 
terests of  the  State  at  such  hearing;  and,  after  such  notice 
and  hearing,  said  commission  shall  determine  what  alter- 
ations, changes  or  removals,  it  any,  shall  be  made  and  by 
whom  made.     [As  amended  by  §  1,  No.  108,  Acts  of  1908.1 

Apportionment  of  expense  of  alterations,  changes  or  re- 
movals. §  4545.  Said  commission  shall  apportion  the 
expense  of  such  alterations,  changes  or  removals,  includ- 
ing the  damages  to  any  person  whose  land  is  taken,  and 
the  special  damages  which  the  owner  of  land  adjoining 
the  public  highway  shall  sustain  by  reason  cf  any  such 
change  in  the  grade  of  such  highway,  between  the  State, 
the  town  in  whicli  the  public  highway  or  crossing  is 
located  and  the  corporation  owning  or  operating  the  rail- 
road which  crosses  such  public  highway,  and  shall  order 
an  amount  not  exceeding  25  per  cent  of  the  whole  expense 
of  such  alteration,  change  or  removal,  including  the  land 
damages,  as  aforesaid,  to  be  paid  by  the  State,  and  an 
amount  not  exceeding  10  per  cent  of  the  whole  expense  of 
such  alteration,  change  or  removal,  including  the  land 
damages,  as  aforesaid,  to  be  paid  by  the  tov/n  in  which 
such  public  highway  or  crossing  is  located;  and  the  re- 
mainder of  the  expense  shall  be  paid  by  the  corporation 
owning  or  operating  the  road  which  crosses  such  public 
highway;  if  the  public  highway  affected  by  such  last  men- 
tioned order  has  been  constructed  since  the  railroad  which 
it  crosses  at  grade,  said  commission  may  order  an  amount 
not  exceeding  25  per  cent  of  the  whole  e.xpense  of  such 
alteration,  change  or  removal,  including  the  damages,  as 
aforesaid,  to  be  paid  by  the  State,  and  an  amount  not  ex- 
ceeding 15  per  cent  of  the  whole  expense  of  such  altera- 
tion, change  or  removal,  including  the  damages,  as  afore- 
said, to  be  paid  by  the  town  in  which  such  public  highway 
or  crossing  is  located;  and  the  remainder  of  the  expense 
shall  be  paid  by  the  corporation  owning  or  operating  the 
railroad  which  crosses  such  public  highway. 

§  4545  was  amended  by  §  2  of  No.  108  of  the  Acts  of 
1908  by  adding  thereto  the  following: 

"Where  such  alterations,  changes  or  removals  in  a  rail- 
road-highway crossing  located  wholly  in  one  town  mate- 
rially benefit  a  contiguous  town  or  towns,  or  where  such 
alterations,  changes  or  removals  require  the  construction 
of  an  underpass  or  overpass  or  a  connecting  section  of 
public  highway  or  a  part  thereof  in  a  contiguous  town  or 
towns,  or  where  such  alterations,  changes  or  removals  are 
ordered  to  be  made  at  a  railroad-highway  crossing  located 
in  more  than  one  town,  said  commission  may  in  its  discre- 
tion, on  due  notice  and  hearing,  severally  assess  such 
towns  in  proportion  to  the  benefits  conferred;  but  the 
total  of  such  assessments  shall  not  exceed  10  per  cent  of 
the  total  expense  including  land  and  special  damages. 
Where  the  intersection  of  a  steam  railroad  and  a  street 
railway  occurs  within  a  public  highway  and  such  altera- 
tions, changes  or  removals  at  such  intersected  crossings 
are  ordered,  said  commission,  on  due  notice  to  the  cor- 
poration owning  or  operating  said  street  railway,  shall 
assess  such  corporation  such  per  cent  of  the  total  expense, 
including  land  and  special  damages,  as  is  according  to  the 
special  benefits  conferred." 

Ntimfier  to  be  removed.  §  4546.  Every  •  corporation 
operating  more  than  80  miles  of  single  track  road  in  this 
State  shall  remove  at  least  one  grade  crossing  every  year 
for  each  80  miles  or  fraction  thereof  exceeding  40  miles 
of  road  operated  by  it  in  this  State.  One  of  which  cross- 
ings so  to  be  removed,  if  there  is  more  than  one,  shall  be 
that  which,  in  the  opinion  of  said  commission,  is  among 
the  most  dangerous  upon  the  lines  operated  by  the  rail- 
road corporation  removing  such  crossings;  and  the  re- 
maining crossings  so  to  be  removed  shall  be  those  which, 
in  the  opinion  of  the  directors  of  such  corporation,  are 
among  the  most  dangerous  upon  the  lines  operated  by  such 
railroad  corporation;  provided,  that  not  more  than  one 
grade  crossing  in  any  town  in  any  one  year  shall  be  abol- 
ished when  such  change  necessitates  the  construction  of 
an  underpass  or  an  overpass  at  such  crossing,  unless  such 
town  consents  and  agrees  thereto;  and  if  a  railroad  cor- 
poration fails  to  remove  at  least  one  grade  crossing  every 
year  for  every  80  miles  or  fraction  thereof  exceeding  40 


1352 


National  Association  of  Railway  Commissioners 


miles  of  road  operated  by  it  in  this  State,  said  commis- 
Bion  shall,  if,  in  its  opinion,  the  financial  conditions  of  the 
corporation  will  warrant,  order  such  crossing  or  crossings 
removed  as,  in  its  opinion,  said  directors  should  have  re- 
moved under  the  foregoing  provisions;  and  said  commis- 
sion, in  so  doing,  shall  proceed  in  all  respects  as  if  said 
directors  had  voluntarily  applied  therefor. 

Orders  hy  Public  Service  Commission.  §  4547.  Said 
commission  may,  in  the  absence  of  any  application  there- 
for, when,  in  its  opinion,  the  public  safety  requires  an 
alteration  in  any  highway  crossed  at  grade  by  a  railroad, 
or  by  railroads  belonging  to  or  operated  by  more  than 
one  corporation,  after  a  hearing  had  on  notice  of  not  less 
than  10  days  to  the  corporation  or  corporations  owning  or 
operating  such  railroad  or  railroads,  to  the  selectmen  of 
the  town  within  which  such  highway  is  situated,  to  the 
owners  of  the  land  adjoining  such  crossing,  and  to  the 
attorney-general,  who  shall  by  himself  or  through  the 
State's  attorney  of  the  county  in  which  the  crossing  is 
located,  represent  the  interests  of  the  State,  order  such 
alterations  in  such  highway  as  it  deems  best,  and  shall 
determine  and  direct  by  whom  such  alterations  shall  be 
made,  at  whose  expense  and  within  what  time;  provided, 
that,  in  all  cases  arising  under  this  section,  20  per  cent  of 
the  expense,  including  damages  and  special  damages  as  set 
forth  in  the  second  preceding  section,  shall  be  paid  by 
the  State;  and  the  remainder  shall  be  assessed  upon  the 
railroad  corporation  or  corporations  benefited  by  such 
order;  and  provided,  that  such  alterations  as  are  thus  made 
at  the  primary  instance  of  said  commission  shall  not  be 
ordered  so  as  to  direct  the  construction  of  more  than  one 
tiridge  in  any  one  year  on  any  one  railroad. 

Removal  where  tracks  of  more  than  one  railroad  cross 
highteay.  §  4548.  Whenever  said  commission,  upon  an 
application  or  petition  brought  under  the  provisions  of  the 
fourth  preceding  section,  finds  that  a  public  highway 
crosses  or  is  crossed  by  the  tracks  of  more  than  one  rail- 
road and  the  tracks  of  such  railroads  are  so  near  together 
that  public  convenience  requires  the  work  of  separating 
the  grades  to  be  done  under  and  in  compliance  with  one 
order,  it  shall  give  notice  to  all  the  corporations  operating 
such  railroads  to  appear  before  it  and  be  heard  upon  the 
application;  and,  after  such  notice  and  hearing,  said  com- 
Tnisslon  sball  determine  what  alterations  shall  be  made, 
it  any,  so  as  to  separate  the  grades  of  all  such  crossings 
at  the  same  time,  and  shall  determine  by  whom  such  work 
shall  be  done,  and  shall  apportion  the  exjiense  to  be  borne 
by  the  railroad  corporations  between  such  corporation  in 
such  manner  as  said  board  deems  just  and  proper. 

Talcing  -of  lands  hy  railroads — Proceedings.  |  4549. 
Whenever  a  railroad  corporation,  a  town  or  any  other  party 
is  ordered  to  do  the  requisite  work  in  the  alteration, 
changes  or  removals  at  a  railroad-highway  crossing,  and  it 
is  necessary  to  take  land  to  carry  out  such  order,  the  party 
ordered  to  do  the  work  shall  cause  such  land  to  be  sur- 
veyed and  furnish  a  copy  thereof  to  the  owner  of  such 
land  or  his  agent.  Whereupon,  in  case  the  owner  of  such 
land  and  the  parties  ordered  to  do  the  work  cannot  agree 
on  the  price  of  the  land  and  the  damage  to  the  owners 
resulting  from  such  taking,  either  party  in  interest  may 
make  written  application  to  said  commission,  which,  after 
notice  of  not  less  than  10  days  and  hearing,  shall  first 
adjudge  whether  the  taking  of  such  land  is  necessary,  and, 
if  so  adjudged,  shall  appraise  the  same  and  award  such 
damages  for  the  taking  thereof  as  are  just.  [As  amended 
1908.] 

Exemption  from  obligation  to  remove  crossing.  §  4550. 
Whenever  a  railroad  corporation  operating  a  railroad 
within  the  State  operates  less  than  80  miles  of  single  track, 
such  railroad  corporation  shall  remove  at  least  one  grade 
crossing  upon  such  railroad  every  year  in  accoMance  with 
the  provisions  of  this  chapter,  unless  such  railroad  corpora- 
tion shall,  upon  application  to  said  commission  and  after 
notice  and  hearing,  be  exempted  by  said  commission  from 
the  requirements  of  this  chapter  for  the  then  current 
year.  Notice  of  such  application  and  of  the  time  and  place 
of  hearing  shall  be  given  by  said  commission  to  the  attor- 
ney-general, who  shall,  by  himself  or  through  the  State's 
attorney  of  the  county  where  the  crossing  is  located,  at- 
tend such  hearing  and  represent  the  interests  of  the  State; 
if,  upon  hearing,  said  commission  refuses  to  exempt  such 
railroad  corporation  from  the  requirements  of  this  chapter 
for  the  then  current  year,  said  commission  shall  designate 
and  determine  the  crossing  upon  such  railroad,  and  the  one 


among  the  most  dangerous  upon  such  railroad,  to  be  re- 
moved; and  such  railroad  corporation  shall  have  the  same 
right  of  appeal  from  the  decision  of  said  commission  as  is 
hereinafter  provided. 

Orders  of  commissioners — Appeals.  §  4551.  The  ord^ 
of  said  commission  relating  to  any  matter  upon  which  it 
may  act  under  the  authority  of  the  preceding  sections  of 
this  chapter  shall  be  communicated  in  writing  to  the  peti- 
tioners and  to  all  persons  to  whom  notice  of  the  hearing  on 
such  petition  was  given ;  and  any  person  aggrieved  by  such 
order,  who  was  a  party  to  such  proceedings,  may  appeal 
from  such  order  to  the  Supreme  Court  in  the  same  manner 
and  for  the  same  purposes  as  are  provided  in  §  4599  of  the 
Public  Statutes. 

Limitation  of  amount  paid  annualhi.  §  4552.  Th'? 
amount  to  be  paid  under  the  provisions  of  the  six  preced- 
ing sections  by  the  State  in  any  one  year,  the  year  begin- 
ning with  the  first  day  of  January,  shall  not  exceed  $25,000; 
but  if  in  any  year  the  expenditure  by  the  State  does  not 
amount  to  $25,000,  the  unexpended  balance  thereof  shi.U 
be  added  to  the  $25,000  allowed  to  be  paid  by  it  in  any 
following  year. 

Effect  of  failure  to  remove  crossings.  §  4553.  When  a 
railroad  corporation  fails  to  remove,  in  any  one  year,  tlie 
crossings  required  to  be  removed  by  the  provisions  of  this 
chapter,  such  crossings  not  so  removed  shall  be  added  :o 
the  number  required  to  be  removed  the  following  year. 

Street  raiUvays  exempt.  §  4554.  The  provisions  of  tl. is 
chapter  shall  not  apply  to  street  lailway  corporations,  ex- 
cept as  is  provided  in  §  4545. 

[As  amended  1908.] 

CHAPTER  195. 
PROCEEDINGS  AFTER  FORECLOSURE. 

DUTIES  OF  TRUSTEES. 

Meeting  of  bondholders — Report.  §  4555.  The  trust©! 
SO  long  ab  thev  ^ontinur  in  possession  of  a  railroad  und  sr 
a  mortgage,  shall  call  a  meeting  of  the  bondholders  )r 
creditors  for  the  security  of  whose  claims  they  hold  smh 
property  in  trust,  at  some  convenient  place  on  or  near  the 
line  of  such  road,  in  the  month  of  January,  annually,  by 
giving  notice  of  such  meeting  at  least  20  days  prior  theret  o, 
in  two  or  more  daily  newspapers,  published  in  each  of  tlie 
cities  of  Boston  and  New  York,  and  in  at  least  one  pap«  r, 
if  there  is  one,  published  in  each  county  through  wbii  h 
such  road  is  located;  and,  at  such  meeting,  such  truste 'S 
shall  submit  a  report  of  the  earnings  of,  and  the  expenill- 
tures  upon  and  for  the  trust  property  and  estate  for  t  .e 
year  preceding  the  first  day  of  January,  and  also  of  th(  ir 
business  and  proceedings  according  to  the  usual  custom  o( 
railroad  directors  to  the  stockholders. 


1 


,^t~ 


EEMOVAL   OF    TRUSTEES. 

Application — Hearing — Notice.  §  4556.  When  five  o! 
more  owners  or  holders  of  notes,  bonds  or  obligation 
secured  by  a  railroad  mortgage,  to  an  amount  of  rot 
less  than  $50,000,  deem  a  trustee  of  such  mortgage  m 
unsuitable  person  to  administer  the  trust,  they  m  ly 
apply  by  petition  to  any  chancellor  for  the  removal  of 
such  trustee,  and  shall  set  forth  in  a  general  manner  tae 
reasons  for  such  removal.  The  court  shall  thereup  jn 
appoint  some  short  day  for  hearing  and  give  due  notce 
thereof  to  the  trustees  of  the  mortgage  and  to  persons 
interested.  Notice  of  the  application,  and  of  the  tiioe 
and  place  of  hearing  shall  be  given  to  all  persons  inter- 
ested who  reside  out  of  the  State  by  publication  in  o 
or  more  daily  newspapers  published  in  Boston  and  Nf 


! 


York. 

Testimony.  §  4557.  Upon  hearing,  the  petitioners  s 
trustees,  and  other  witnesses,  may  be  examined  orally 
before  the  chancellor,  or  the  chancellor  may,  in  his  e  is- 
cretion,  appoint  a  special  master  to  take  the  testimoiy, 
and  report  the  facts  found  by  him  therefrom  to  ihe 
court.  The  witnesses  shall  be  examined  as  to  the  allef;ed 
breaches  of  trust,  neglect  or  omissions  of  duty,  as  to  'he 
fitness  and  competency  of  the  trustee,  as  to  his  hold  ng 
other  oflices,  or  having  interests  of  a  public  or  private 
nature  inconsistent  with  the  interests  of  the  cestui  que 
tnist  or  interfering  with  the  prompt  and  impartial  dis- 
charge of  his  duties,  and  as  to  the  circumstances  or 
conduct  of  the  trustee  which  render  it  improper  for  the 
Interests  of  the  trust  to  continue  him  in  oflJce. 


Public  Service  Laws 


1353 


Decrees  and  orders.  §  4558.  If,  upon  hearing,  the  chan- 
■cellor  finds  that  such  trustee  ought  to  be  removed,  he 
shall  decree  his  removal,  appoint  a  new  trustee,  make 
sufh  orders  and  decrees  as  to  the  transfer  and  convey- 
ance of  the  trust  property  to  the  new  trustee,  as  to 
ascertaining  the  debts  and  liabilities  of  the  old  trustee, 
and  the  payment  of  the  same,  as  to  the  future  manage- 
ment of  the  trust  and  the  accounting  thereon,  and  as  to 
other  matters  connected  with  the  trust,  as  the  exigencies 
•of  the  case,  the  protection  of  the  old  trustee,  and  the 
security  and  welfare  of  the  trust  fund  require. 

Appeal — Proceedings  in  Supreme  Court.  §  4559.  Either 
party  may,  within  20  days  after  the  making  of  such 
order,  appeal  to  the  Supreme  Court,  in  which  case,  if  the 
chancellor  hears  the  testimony,  he  shall  state  in  writing 
the  facts  found  by  him  on  which  he  made  his  order  and 
any  exceptions  to  the  admission  of  the  testimony  used 
In  making  such  findings  of  facts.  Thereupon  the  state- 
ment of  facts  found  by  the  chancellor  or  the  report  of 
the  master,  with  the  pleadings,  proceedings  and  decree 
shall  pass  to  the  Supreme  Court.  Upon  hearing  and 
examinatcn  of  the  papers,  the  Supreme  Court  may  pro- 
ceed thereon  as  justice  and  equity  require,  and  may 
affirm  or  reverse  the  order  of  the  chancellor.  The  fees 
and  expenses  of  a  special  master  appointed  under  the 
second  preceding  section  shall  be  fixed  by  the  chancellor 
and  paid  by  the  State. 

Appeal  by  trustee — Bonds.  §  4560.  When  an  appeal  is 
taken  by  the  trustee,  the  chancellor  may  require  that 
the  appellant  execute  a  bond  In  such  sum  as  he  directs, 
with  suflicient  sureties,  who  shall  be  residents  of  the 
State,  conditioned  for  the  safe  keeping  and  management 
of  the  trust  property  during  the  pendency  of  the  appeal. 

On  affirmance,  cause  remanded — Neio  trustee's  hond. 
§  4561.  If  the  chancellor  orders  the  trustee  to  be  removed 
and  the  order  is  appealed  from  and  is  confirmed  by  the 
Supreme  €ourt,  the  cause  shall  be  remanded  to  the 
court  of  chancery  for  final  decree,  and.  in  sufh  case  or 
in  case  i:o  appeal  is  taken,  the  cUuiicellor  may  order 
"the  new  trustee,  before  entering  upon  the  duties  of  his 
oflfice,  to  file  with  the  clerk  of  the  court  a  bond  in  such 
sum  as  the  chancellor  thinks  proper,  with  at  least  two 
sufficient  sureties  resident  In  the  State,  to  be  approved 
by  the  chancellor  on  notice  and  hearing,  with  such  con- 
ditions as  the  chancellor  requires  to  protect  the  rights  of 
parties  affected  by  such   order. 

SERVICE  OF  PROCESS  0\   NON-RESIDENT  TRUSTEES  OR  LESSEES. 

Appointment  of  agent  for  service  of  process.  §  4562. 
The  trustees  under  an  assignment,  mortgage  or  other 
transfer,  executed  by  a  railroad  corporation,  and  the 
lessees  of  the  railroad  corporation  not  resident  in  the 
State,  who  hold  possession  of  the  property  of  such  rail- 
road corporation,  or  manage  the  running  of  its  road, 
under  such  assignment,  mortgage,  lease  or  other  trans- 
fer, shall,  if  they  reside  without  the  State,  appoint  a 
person  resident  in  the  State,  upon  whom  service  of 
process  may  be  made,  and  shall  annually  in  the  month  of 
January  file  in  the  office  of  the  clerk  of  the  County  Court 
in  each  county  through  which  the  road  passes,  a  certifi- 
cate, signed  by  such  trustees  or  lessees,  designating  the 
name  and   residence  of  the   person   thus  appointed. 

Legal  service.  §  4563.  Service  of  process  upon  such 
person  shall  be  a  legal  service  on  such  trustees  or  les- 
sees, and,  if  the  trustees  or  lessees  do  not  appoint  such 
agent,  and  file  such  certificate,  service  may  be  made  by 
leaving  a  copy  of  the  process  with  a  station  aeent,  or 
depot  master,  in:  the  employment  of  such  trustees  or 
lessees,  and  the  same  shall  be  legal  service  of  such 
process  upon  such  trustees  or  lessees. 

REORGANIZATION  AFTER  FORECLOSURE. 

Majority  of  hondholders  may  form  corporation.  §  4564. 
When  a  mortgage  of  a  railroad  or  of  a  railroad  and 
Other  property,  or  part  thereof,  made  by  a  railroad  cor- 
poration to  secure  the  payment  of  bonds,  is  foreclosed, 
and  the  legal  title  to  the  mortgaged  premises  vested  in 
the  mortgagees,  persons  holding  a  majority  In  amount 
of  the  principal  of  the  bonds  so  secured  may  form  them- 
selves into  a  corporation  for  the  purpose  of  owning  or 
maintaining  and  operating  such  railroad  and  other  prop- 
erty or  part  thereof  for  public  use  in  the  conveyance  of 
persons   and   property   and   otherwise. 


Articles  of  association.  §  4565.  Such  persons  may 
make,  subscribe  and  file  articles  of  association,  in  which 
shall  be  set  forth  a  brief  statement  of  the  making  and 
foreclosure  of  the  mortgage  under  which  they  have 
become  interested  in  such  railroad,  the  amount  of  bonds 
which  were  owing  upon  and  secured  by  the  mortgage,  the 
name  of  the  corporation  to  be  formed,  the  amount  of 
its  capital  stock,  which  shall  not  exceed  the  amount  of 
principal  and  interest  of  such  bonds  and  25  per  cent  on 
the  same  in  addition  thereto,  and  the  number  of  shares, 
each  of  which  shall  be  |100,  into  which  the  capital  stock 
is  diveded,  the  number  of  directors  by  whom  the  cor- 
poration is  to  he  managed,  and  the  names  of  the  persons 
who  are  to  be  directors  for  the  first  year,  and  until  others 
are  chosen  in  their  places,  a  majority  of  whom  shall  be 
residents   of   the   State. 

Same — Subscribing.  §  4566.  Each  subscriber  to  such 
articles  shall  state  in  his  subscription  the  number  of 
shares  which  he  agrees  to  take,  and  the  amount  of  bonds 
held  by  him  and  secured  by  such  mortgage  which  he 
intends  to  surrender  in  payment  or  part  payment  of  his 
subscription.  Such  subscriptions  may  be  made  by  the 
holder  in  person,  or  by  his  agent  or  attorney,  and  three 
of  the  persons  named  in  such  articles  as  directors  may 
be  inspectors  of  such  subscriptions.  The  production  of  a 
bond  shall  be  evidence  of  the  right  of  the  person  holding 
the  same  to  subscribe  such  articles. 

No  subscription  for  part  of  a  share.  §  4567.  No  sub- 
scription shall  be  made  for  a  fractional  part  of  a  share, 
but  when  a  holder  of  bonds  wculd  be  otherwise  entitled 
to  subscribe  for  a  fractional  part  of  a  share,  he  may 
su!)scribe  for  a  full  share  and  pay  the  excess  In  cash. 

Filing  and  recording  articles.  S  4568.  Such  articles  of 
as.sociation  shall  be  filed  in  the  office  of  the  secretary  of 
State,  and  a  copy  thereof,  filed  and  recorded  in  the 
offices  of  the  clerks  of  the  counties  through  which  the 
railroad  passes.  The  articles  shall  not  be  filed  until 
the  amount  of  bonds  to  be  surrendered  by  the  sub- 
scribers thereto  for  that  purpose  shall  be  at  least  a 
majority  in  amount  of  the  principal  of  the  bonds  se- 
cured by  the  mortgage  referred  to  in  such  articles,  nor 
until,  on  petition  to  the  public  service  commission,  with 
such  notice  by  publication  as  said  commission  shall 
order,  and  hearing,  said  commission  shall  find  and  certify 
that  such  associates  have  complied  with  the  provisions 
of  the  statute  and-  own  a  majority  in  amount  of  the 
principal  of  the  bonds  secured  by  the  mortgage  and  in- 
tend to  comply  with  the  terms  of  their  subscriptions,  and 
such  certificate  is  annexed  to  such  articles  of  association, 
to  be  filed  and  recorded  therewith. 

Notice  of  formation  of  corporation.  §  4569.  A  notice 
of  the  formation  of  such  corporation  and  the  filing  of 
the  articles  shall  be  published  three  weeks  successively 
in  a  newspaper,  if  there  is  one,  published  in  each  of 
such  counties,  and  for  six  successive  days  in  two  or 
more  daily  newspapers  published  in  each  of  the  cities  of 
New  York  and  Boston. 

Subscribing  articles  after  notice.  §  4570.  A  holder  of 
a  bond  secured  by  such  mortgage  may,  within  30  days 
after  the  last  publication  of  such  notices,  either  in  per- 
son or  by  agent  or  attorney,  subscribe  the  articles  of 
association,  or  a  copy  thereof,  for  an  amount  of  stock 
equal  to  the  amount  of  bonds  held  by  him,  which  he 
intends  to  surrender  to  the  directors  of  such  new  cor- 
poration, in  payment  or  in  part  payment  of  his  sub- 
scription. 

Copies  of  articles  or  record,  evidence.  §  4571.  A  copy 
of  the  articles  of  association,  filed  and  recorded  pur- 
suant to  this  chapter,  or  of  the  record  in  the  ofiices  of 
the  county  clerks,  and  certified  to  be  a  copy  by  the  sec- 
retary of  State,  or  by  the  clerk  of  either  of  the  counties 
in  which  it  Is  directed  to  be  filed,  shall  he  presumptive 
evidence  of  the  incorporation  of  such  corporation,  and 
of  the   facts   therein  stated. 

Interest  of  bondholders  not  subscribing.  S  4572.  If  a 
holder  of  bonds  secured  by  the  mortgage  referred  to  in 
such  articles  of  association  does  not  subscribe  the 
articles  and  become  a  stockholder  in  the  corporation,  the 
court  of  chancery  may,  upon  the  application  of  such 
holder,  direct  the  estate,  title  and  interest  of  such  holder 
to  be  assigned  to  such  corporation,  and  such  corporation 


1354 


National  Association  of  Railway  Commissioners 


shall  pay  such  sum  of  money,  at  such  times  and  in  such 
manner,  to  the  other  party,  as  commissioners  appointed 
by  the  court  judge  just  and  equitable,  and,  if  said  holder 
is  not  satisfied  with  such  appraisal,  the  court  shall  order 
the  commissioners  to  sell  such  estate  at  public  or  private 
sale,  agreeably  to  the  order  of  the  court,  and  execute 
a  conveyance  to  the  purchaser  thereof,  as  provided  in 
the  partition  of  real  estate. 

Powers,  duties  and  liabilities  of  corporation.  S  4573.  A 
corporation  formed  under  this  chapter  shall,  from  the 
time  its  articles  of  association  are  filed,  be  a  corporation, 
vested  with  the  powers,  rights,  privileges  and  franchises 
for  maintaining  and  operating  its  railroad  and  other 
property  which  were  vested  in  the  corporation  mortgag- 
ing it,  and  shall  be  subject  to  like  duties  and  liabilities, 
and  to  future  legislation. 

Preferred  stock.  §  4574.  A  corporation  formed  under 
this  chapter  may  issue  preferred  capital  stock  in  shares 
of  $100  each  on  such  terms  and  conditions  as  other  rail- 
road corporations  may  issue  such  stock  under  the  statutes 
of  the  State. 

Corporation  may  take  road — Trustee  for  others  inter- 
ested. §  4575.  Such  corporation  may  at  once  take  posses- 
sion of  and  maintain  and  operate  such  railroad,  subject 
to  existing  rights  of  other  parties,  and  may.  Ijy  purchase 
or  otherwise,  obtain  the  title  and  ownership,  or  the  use 
and  benefit  of  the  whole  estate,  and  satisfy  the  un- 
divided interests  or  claims  of  other  parties  interested, 
and  until  the  interest  of  such  other  parties  are  vested  in 
such  new  corporation,  such  corporation  shall  be  the 
trustee  thereof,  and  shall  be  accountable  therefor  as 
tenants  in  common. 

Increase  of  capital  stock.  §  4576.  Such  corporation,  at 
a  meeting  of  the  stockholders  called  for  that  purpose, 
may  increase  its  capital  stock  to  such  amount  as  the 
public  service  commission,  shall,  on  petition,  notice  by 
publication  having  been  given  as  ordered  by  said  com-, 
mission,  and  hearing,  find  and  certify  that  the  property 
and  franchises  foreclosed  are  worth  not  to  exceed  what 
it   would  cost  to  reproduce   such  property. 

Rent  if  road  teas  leased  when  corporation  formed. 
§  4577.  If  the  trustees  of  the  mortgagees  have  foreclosed 
and  leased  the  road  prior  to  the  organization  of  such 
corporation  by  the  bondholders,  the  lessees  shall  pay 
the  rent  that  accrues  after  such  organization  to  the 
treasurer  of  such   corporation.- 

Record  and  papers  of  former  corporation — Copies. 
§  4578.  Such  corporation  shall  keep  safely  and  have  the 
custody  of  records,  titledeeds  and  archives  of  the  cor- 
poration previously  owning  and  mortgaging  such  rail- 
road, and  the  clerk  of  such  new  corporation  shall  be  the 
certifying  officer  of  any  matter  or  document  relating  to 
such  former  corporation. 

Purchasers  or  grantees  of  road  may  form  corporation. 
I  4579.  It  the  bondholders  fail  to  organize  a  new  corpora- 
tion under  the  provisions  of  this  chapter,  when  a  mort- 
gage has  been  foreclosed,  or  if  the  railroad  or  other 
property  on  which  the  mortgage  exists  is  sold  or  as- 
signed by  an  order,  decree  or  judgment  of  a  court,  the 
pui  chasers  or  grantees  who  acquire  title  to  the  same  in 
the  manner  prescribed  by  law  shall  have  the  rights, 
powers  and  privileges  granted  in  this  chapter  to  a  ma- 
joiity  of  the  bondholders,  and  be  subject  to  like  duties, 
and  may  associate  with  them  other  persons,  and  may 
make,  sign  and  file  articles  of  association  as  before  pre- 
scribed in  this  chapter  and  shall  thereupon  be  a  cor- 
poration with  the  powers,  privileges  and  franchises 
granted  to  and  be  subject  to  the  duties  imposed  upon 
-railroad   corporations. 

Stock  may  he  issued  in  payment  for  road.  §  4580.  If  a 
corporation  is  so  formed  by  such  purchasers  or  grantees 
and  their  associates,  stock  therein  to  an  amount  not 
exceeding  that  hereinbefore  provided  may  be  issued  In 
payment  for  the  railroad  and  other  property  included 
in  such  foreclosure,  upon  the  transfer  and  conveyance  of 
such  railroad  and  other  property  to  such  corporation, 
and,  upon  such  issue,  such  stock  shall  be  deemed  to  be 
full  paid   stock  and  not  liable  to  any  further  calls. 

Rights  and  powers  of  corporation.  |  4581.  A  corpora- 
tion so  formed  shall  have  the  right  to  mortgage  Its  prop- 
erty or  create  additional  stock  under  the  same  conditions 


and  limitations  which,  under  the  general  railroad  law, 
other  railroad  corporations  have  to  mortgage  their  prop- 
erty and   issue  additional  stock. 

Taxation  of  corporation.  §  4582.  Th,e  roadbed,  equip- 
ment, property,  stock  and  effects  cf  every  kind  of  a  cor- 
poration organized  under  the  provisions  of  this  chapter 
shall  be  subject  to  taxation  under  the  laws  of  this  State, 
and  a  corporation  taking  the  benefit  of  this  chapter  shall 
be  deemed  thereby  to  have  waived  any  claim  for  ex- 
emption from  taxation  by  reason  cf  any  provision  in  the 
charter  of  the  original  corporation  or  otherwise, 

RIGHT   OF  BONDirOLDBB  TO  REDEEM   AFTER  RALE. 

Proportion  to  pay — Rights  adjusted.  §  4583.  When  a 
sale  is  made  of  a  railroad  and  franchises,  either  with  or 
without  other  property,  under  a  railroad  mortgage  or 
power  cf  sale  thereof,  for  the  security  of  a  debt  of  a 
railroad  corporation,  or  when  such  sale  is  made  under 
the  order  of  a  court,  any  creditor  of  such  road,  under 
such  mortgage,  may.  within  three  months  after  such 
sale,  pay  into  the  court  of  chancery  making  such  ord(>r 
of  sale,  or.  if  no  order  of  sale  has  been  made,  into  the 
court  of  chancery  in  some  county  through  which  suth 
road  is  located,  for  the  use  of  the  purchaser  at  such  sale, 
a  sum  bearing  the  same  proportion  to  the  price  paid  ty 
the  purchaser,  with  3  2  per  cent  interest  thereon  from  tie 
time  of  the  sale,  that  the  debts  so  held  by  such  credit<ir 
under  the  mortgage  bears  to  the  whole  amount  of  debt 
outstanding  under  the  mortgage,  whereupon  the  credi- 
tors shall  have  a  legal  and  equitable  interest  in  the  pro  i- 
erty  so  sold  in  common  with  such  purchaser  in  the  pr  >- 
portions  aforesaid,  and,  in  such  cases,  the  court  <f 
chancery  may.  in  a  summary  manner,  adjust  the  righ'  s 
of  the  parties,  and  grant  such  relief  as  the  nature  <f 
the   case  requires. 

REORGASIZATION     AFTER    FORECLOSURE     IX     CARE    OF    TWO    Mi 

GAGES. 

Corporation  formed  by  bondholders.  §  4584.  Where  ty  o 
or  more  mortgages  on  undivided  portions  of  a  railroad 
or  part  thereof,  made  by  a  railroad  corporation  to  S'-, 
cure  the  payment  of  bonds,  are  foreclosed,  and  the  leg;  I 
title  to  the  mortgaged  premises  vested  in  the  mortgagee ;, 
according  to  their  respective  interests,  the  holders  of  a 
mfijority  of  the  bonds  under  each  of  such  mortgage  ? 
may  form  themselves  into  a  corporation  for  the  purpose 
of  owning  or  maintaining  and  operating  such  railroad,  <  r 
part  therecf,  for  public  use  in  the  conveyance  of  persor  s 
and  property,  upon  such  conditions  in  regard  to  the  r 
respective  interests  as  they  may  agree  upon,  and  su  - 
stantially   in   the   manner  provided   in   this   chapter. 

Bo7idholders  who  do  not  join — Remedy.  §  4585. 
ers  of  bonds  under  either  of  such  mortgages,  who  io', 
not  join  in  such  arrangement  and  become  parfies  theret  >, 
shall  have  the  rights  and  remedies  provided  in  th  s 
chapter  or  otherwise  in  law  or  equity.  Such  new  cc  ■ 
poration  shall  have  the  rights  and  be  required  to  pe  • 
form  the  duties  of  a  corporation,  as  if  formed  by  bon'l- 
holders   under   a  single  mortgage. 

Corporation  formed  by  purchasers  at  sale  subject  n 
mortgage.  §  4586.  If  a  railroad  and  property  connect!  ;i 
therewith  are  sold  upon  a  mortgage  or  deed  of  trus:. 
given  to  secure  notes  or  bonds  issued  by  a  railroad  ccr- 
poratton,  either  by  virtue  of  a  power  of  sale  containt  d 
in  such  mortgage  or  deed  of  trust,  or  by  an  order  (r 
decree  of  the  court  of  chancery,  and  such  railroad  ard 
property  are  encumbered  by  a  prior  mortgage  or  de(  il 
cf  trust,  the  same  shall  be  sold  subject  to  such  pri<'r 
encumbrance,  and  the  purchasers  shall  have  the  san  e 
powers  to  organize  a  new  corporation  and  be  entitled  •  o 
th(-  privileges,  and  the  bondholders  to  the  rights  pr  > 
vided  in  this  chapter.  ^^m 

Preferred  stock.  S  4587.  Such  new  corporation  mtj^ 
wlien  duly  organized,  issue  preferred  stock  under  tie 
same  conditions  and  limitations  as  are  provided  for  i  ;^ 
issue  by  other  railroad  corporations  under  the  statutes 
of  the  State,  to  provide  means  to  settle  and  dischar(;e 
such  prior  encumbrance,  and  each  share  of  the  capi^ 
stock  shall  entitle   the  holder  to  one  vote. 

RECEIVRR    APPOINTED    IN    ANOTHER    STATE. 

Receiver  in  this  State.     S  4588.    When  a  foreign  railrO 
corporation   by   consolidation,   purchase   or   otherwise. 


Ho|i 


Public  Sbrvioe  Laws 


1355 


quires  railroad  property  in  this  State,  with  its  rights 
and  franchises,  and  the  same  becomes  a  portion  of  its 
operated  line,  and,  if  for  any  reason  a  receiver  of  such 
road  and  property  has  been  appointed  by  a  court  of 
competent  jurisdiction  of  the  State  in  which  such  road 
was  incorporated,  and  the  receiver  so  appointed  has  duly 
filed  bonds  and  the  order  of  his  appointment,  as  required 
by  the  laws  of  such  State,  and  has  entered  into  actual 
possession  of  that  portion  of  railroad  in  such  State  and 
operates  the  same  under  the  order  of  such  court,  and 
desires  to  operate  that  portion  of  such  railroad  acquired 
in  this  State,  he  shall  file  with  the  clerk  of  the  county 
or  one  of  the  counties  in  which  that  portion  of  such  rail- 
road is  situated  in  this  State,  a  copy  of  such  order  ol 
appointment,  and  of  his  bond,  together  with  a  copy  of 
the  papers  upon  which  his  appointment  was  made,  all 
duly  authenticated,  and  may,  upon  the  approval  of  a 
chancellor,  on  due  notice  by  advertisement  previously 
published,  become  a  receiver  of  that  portion  of  the  rail- 
road in  this  State  with  the  same  rights  and  privileges 
belonging   to   the   corporation   of   which   he   has   been   ap- 


I)ointed  such  receiver,  and  shall  be  subject  to  the  juris- 
di'  tion  cf  the  court  of  chancery  of  this  State,  as  though 
originally   appointed  by   It. 

.SALE   OF   RAILROAD   UNDER  A   DECREE   OR   JUDGMENT. 

Who  may  purchase.  §  4589.  When  a  railroad  In  this 
Stiite  is  ordered  to  be  sold  by  the  decree  or  judgment  of 
a  court,  a  railroad  corporation  in  this  State,  whose  rail- 
road conects  with  that  ordered  to  be  sold,  may  purchase 
the  same,  and,  upon  acquiring  title  to  such  railrcad, 
consolidate  it  with  its  own  railroad,  and  make  it  a  part 
thereof. 

Rights  acquired  by  purchaser.  §  4590.  A  railroad  cor- 
poration which  acquires  title  to  a  connecting  railroad  by 
purchase,  as  provided  in  the  preceding  section,  shall  be- 
come vested  with  all  the  corporate  rights  and  franchises 
belonging  to  the  corporation  whose  railroad  has  been  so 
sold,  and  shall  hold  and  operate  the  same,  subject  to  ali 
the  duties  and  obligations  imposed  by  the  charter  of  the 
corporation  constructing  such  railroad,  or  by  the  laws 
of  this  State. 


PUBLIC   SERVICE   LAWS   OF  VIRGINIA 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  III. 

DIVISION    OF   POWERS, 

Departments  to  he  distinct.  P  39.  Except  as  hereinafter 
provided,  the  legislative,  executive,  and  judiciary  depart- 
ments shall  be  separate  and  distinct,  so  that  neither  exer- 
cise the  powers  properly  belonging  to  either  of  the  others, 
nor  any  person  exercise  the  power  of  more  than  one  of 
them  at  the  same  time. 

ARTICLE  IV. 

LEGISLATIVE   DEPAKTME.NT. 

Standing  committee  on  special,  private  and  local  legis- 
lation. §  51.  There  shall  be  a  joint  committee  of  the  gen- 
eral assembly,  consisting  of  seven  members  appointed  by 
the  house  of  delegates,  and  five  members  appointed  by  the 
Senate,  which  shall  be  a  standing  committee  on  special, 
private  and  local  legislation.  Before  reference  to  a  com- 
mittee, as  provided  by  §  50,  any  special,  private  or  local 
bill  introduced  in  either  house  shall  be  referred  to  and 
considered  by  such  joint  committee  and  returned  to  the 
house  in  which  it  originated  with  a  statement  in  writing, 
whether  the  object  of  the  bill  can  be  accomplished  under 
general  law  or  by  court  proceeding;  whereupon,  the  bill, 
with  the  accompanying  statement,  shall  take  the  course 
provided  by  §  50.  The  joint  committee  may  be  discharged 
from  the  consideration  of  a  bill  by  the  house  in  which  it 
originated  in  the  manner  provided  in  §  50  for  the  discharge 
of  other  committees. 

Powers  uhich  general  assembly  shall  confer  on  courts — 
Cases  in  which  general  assembly  shall  not  enact  special 
laws.  §  63.  The  general  assembly  shall  confer  on  the 
courts  power  to  grant  divorces,  change  the  names  of  per- 
sons, and  direct  the  sale  of  estates  belonging  to  Infants 
and  other  persons  under  legal  disabilities,  and  shall  not, 
by  special  legislation,  grant  relief  in  these  or  other  cases 
of  which  the  courts  or  other  tribunals  may  have  jurisdic- 
tion. The  general  assembly  may  regulate  the  exercise  by 
courts  of  the  right  to  punish  for  contempt.  The  general 
assembly  shall  not  enact  any  local,  special  or  private 
law  in  the  following  cases:  *  *  *  7.  Exempting  property 
from  taxation.  *  *  *  17.  Creating  private  corporations, 
or  amending,  renewing,  or  extending  the  charters  thereof. 
18.  Granting  to  any  private  corporation,  association,  or 
Individual  any  special  or  exclusive  right,  privilege  or  Im- 
munity. 19.  Naming  or  changing  the  name  of  any  pri- 
vate corporation  or  association.  20.  Remitting  the  for- 
feiture of  the  charter  of  any  private  corporation,  except 
upon  the  condition  that  such  corporation  shall  thereafter 


hold  its  charter  subject  to  the  provisions  of  this  constitu- 
tion and  the  laws  passed  in  pursuance  thereof. 

General  assembly  shall  enact  general  laws  in  cases  men- 
tioned in  preceding  section,  and  wherever  general  laws  will 
apply— Amendment  or  partial  repeal  of  general  laws  shall 
not  enact  special  law — Restrictions  as  to  laws.  §  64.  In  all 
the  cases  enumerated  In  the  last  section,  and  In  every 
other  case  which,  in  its  judgment,  may  be  provided  for 
by  general  laws,  the  general  assembly  shall  enact  general 
laws.  Any  general  law  shall  be  subject  to  amendment  or 
repeal,  but  the  amendment  or  partial  appeal  thereof  shall 
not  operate  directly  or  indirectly  to  enact,  and  shall  not 
have  the  effect  of  the  enactment  of  a  special,  private  or 
local  law. 

No  general  or  special  law  shall  surrender  or  suspend 
the  right  and  power  of  the  State,  or  any  political  sub- 
division thereof,  to  tax  corporations  and  corporate  prop- 
erty, except  as  authorized  by  article  13.  No  private  cor- 
poration, association,  or  individual  shall  be  specially  ex- 
empted from  the  operation  of  any  general  law,  nor  shall 
its  operation  be  suspended  for  the  benefit  of  any  private 
corporation,  association  or  individual. 


ARTICLE  VIII. 

ORGANIZATION   AND  GOVERNMENT  OF  CITIES  AND  TOWNS. 

Consent  of  corporate  authorities  necessary  to  use  of 
streets,  alleys  or  public  grounds  by  certain  companies  or 
persons.  §  124.  No  street  railway,  gas,  wa'er,  steam  or 
electric  heating,  electric  light  or  power,  cold  storage,  com-. 
pressed  air,  viaduct,  telephone  or  bridge  company,  nor 
any  corporation,  association,  person  or  partnership,  en- 
gaged in  these  or  like  enterprises,  shall  be  permitted  to 
use  the  streets,  alleys  or  public  grounds  of  a  city  or  town 
without  the  previous  consent  of  the  corporate  authorities 
of  such  city  or  town. 

Sale  of  corporate  property  and  granting  of  franchises 
by  cities  and  towns.  §  125.  The  rights  of  no  city  or  town 
ill  and  to  its  water  front,  wharf  property,  public  landings, 
wharves,  docks,  streets,  avenues,  parks,  bridges,  and  other 
public  places,  and  its  gas,  water  and  electric  works  shall 
be  sold,  except  by  an  ordinance  or  resolution  passed  by  a 
recorded  affirmative  vote  of  three-fourths  of  all  the  mem- 
bers elected  to  the  council,  or  to  each  branch  thereof, 
where  there  are  two,  and  under  such  other  restrictions  as 
may  be  Imposed  by  law;  and  in  case  of  the  veto  by  the 
mayor  of  such  an  ordinance  or  resolution,  it  shall  require 
a  recorded  affirmative  vote  of  three-fourths  of  all  the 
members  elected  to  the  council,  or  to  each  branch  thereof, 
where  there  are  two,  had  In  the  manner  heretofore  pro-  ^ 
vided  for  in  this  article,  to  pass  the  same  over  the  veto. 


135(5 


National  Association  of  Railway  Commissioners 


No  franchise,  lease  or  right  of  any  kind  to  use  any  such 
public  property  or  any  other  public  property  or  easement 
of  any  description,  in  a  manner  not  permitted  to  the  gen- 
eral public,  shall  be  granted  for  a  longer  period  than  30 
years.  Before  granting  any  such  franchise  or  privilege 
for  a  term  of  years,  except  for  a  trunk  railway,  the  munici- 
pality shall  first,  after  due  advertisement,  receive  bids 
therefor  publicly,  in  such  manner  as  may  be  provided  by 
law,  and  shall  then  act  as  may  be  required  by  law.  Such 
grant,  and  any  contract  in  pursuance  thereof,  may  provide 
that  upon  the  termination  of  the  grant  the  plant  as  well 
as  the  property,  it  any,  of  the  grantee  in  the  streets,  ave- 
nues and  other  public  places  shall  thereupon,  without  com- 
pensation to  the  grantee,  or  upon  the  payment  of  a  fair 
valuation  therefor,  be  and  become  the  property  of  the  said 
city  or  town;  but  the  grantee  shall  be  entitled  to  no 
payment  by  reason  of  the  value  of  the  franchise; 
and  any  such  plant  or  property  acquired  by  a  city 
or  town  may  be  sold  or  leased,  or,  it  authorized  by  law, 
maintained,  controlled  and  operated,  by  such  city  or  town. 
Every  such  grant  shall  specify  the  mode  of  determining 
any  valuation  therein  provided  for,  and  shall  make  ade- 
quate provision  by  way  of  forfeiture  of  the  grant,  or  other- 
wise, to  secure  efficiency  of  public  service  at  reasonable 
rates,  and  the  maintenance  of  the  property  in  good  order 
throughout  the  term  of  the  grant.  Nothing  herein  con- 
tained shall  be  construed  as  preventing  the  general  as- 
sembly from  prescribing  additional  restrictions  on  the 
powers  of  cities  and  towns  in  granting  franchises  or  in 
selling  or  leasing  any  of  their  property,  or  as  repealing 
any  additional  restriction  now  required  in  relation  thereto 
in  any  existing  municipal  charter. 

ARTICLE  XII. 

CORPORATIONS. 

Definition  of  terms.  §  153.  As  used  in  this  article,  the 
term  "corporation"  or  "company"  shall  include  all  trusts, 
associations  and  joint  stock  companies  having  any  powers 
or  privileges  not  possessed  by  individuals  or  unlimited 
partnerships,  and  exclude  all  municipal  corporations,  and 
public  institutions  owned  or  controlled  by  the  State;  the 
term  "charter"  shall  be  construed  to  mean  the  charter  of 
incorporation  by,  or  under,  which  any  such  corporation  is 
formed;  the  term  "transportation  company"  shall  include 
any  company,  trustee  or  other  person  owning,  leasing  or 
operating  for  hire  a  railroad,  street  railway,  canal,  steam- 
boat or  steamship  line,  and  also  any  freight  car  company, 
ear  association  or  car  trust,  express  company,  or  company, 
trustee  or  person  in  any  way  engaged  in  business  as  a  com- 
mon carrier  over  a  route  acquired  in  whole  or  in  part  un- 
der the  right  of  eminent  domain;  the  term  "rate"  shall  be 
construed  to  mean  "rate  of  charge  for  any  service  rendered 
or  to  be  rendered;"  the  terms  "rate,"  "charge"  and  "regu- 
,  lation"  shall  include  joint  rates,  joint  charges  and  joint 
regulations,  respectively;  the  term  "transmission  company" 
shall  include  any  company  owning,  leasing  or  operating  for 
hire  any  telegraph  or  telephone  line;  the  term  "freight" 
shall  be  construed  to  mean  any  property  transported  or  re- 
ceived for  transportation  by  any  transportation  company; 
the  term  "public  service  corporation"  shall  Include  all 
transportation  and  transmission  companies,  all  gas,  electric 
light,  heat  and  power  companies,  and  all  persons  author- 
ized to  exercise  the  right  of  eminent  domain,  or  to  use  or 
occupy  any  street,  alley  or  public  highway,  whether  along, 
over  or  under  the  same,  in  a  manner  not  permitted  to  the 
general  public;  the  term  "person,"  as  used  in  this  article, 
shall  include  individuals,  partnerships  and  corporations, 
in  the  singular  as  well  as  plural  number;  the  term  "bond" 
shall  mean  all  certificates  or  written  evidences  of  indebt- 
edness issued  by  any  corporation  and  secured  by  mortgage 
or  trust  deed;  the  term  "frank"  shall  be  construed  to  mean 
any  writing  or  token  issued  by  or  under  authority  of  a 
transmission  company,  entitling  the  holder  to  any  service 
from  such  company  free  of  charge.  The  provisions  of  this 
article  shall  always  be  so  restricted  in  their  application  as 
not  to  conflict  with  any  of  the  provisions  of  the  Federal 
constitution,  and  as  if  the  necessary  limitations  upon  their 
Interpretation  had  been  herein  expressed  in  each  case. 

As  to  chartering  of  corporations  and  legislation  relating 
thereto  by  general  assembly — Surrender  of  charters — Spe- 
cinl  Acts  regulating  corporations  prohibited.  §  154.  The 
creation  of  corporations  and  the  extension  and  amendment 


of  charters  (whether  heretofore  or  hereafter  granted), 
shall  be  provided  for  by  general  laws,  and  no  charter  shall 
be  granted,  amended  or  extended  by  special  Act,  nor  shall 
authority  in  such  matters  be  conferred  upon  any  tribunal 
or  officer,  except  to  ascertain  whether  the  applicants  have, 
by  complying  with  the  requirements  of  the  law,  entitled 
themselves  to  the  charter,  amendment  or  extension  applied 
for,  and  to  issue,  or  refuse  the  same  accordingly.  Such 
general  laws  may  be  amended  or  repealed  by  the  general 
assembly;  and  all  charters  and  amendments  of  charters 
now  existing  and  revocable,  or  hereafter  granted  or  ex- 
tended, may  be  repealed  at  any  time  by  special  Act.  Pro- 
vision shall  be  made,  by  general  laws,  for  the  voluntary 
surrender  of  its  charter  by  any  corporation,  and  for  the 
forfeiture  thereof  for  non-user  or  mis-user.  The  general 
assembly  shall  not,  by  special  Act,  regulate  the  affairs  of 
any  corporation,  nor,  by  such  Act,  give  it  any  rights,  powers 
or  privileges. 

State  corporation  commission  —  Appointment  —  Term — 
Qualification — Election.  §  155.  A  permanent  commission, 
to  consist  of  three  members,  is  hereby  created,  which  shall 
be  known  as  the  State  corporation  commission.  The  com- 
missioners shall  be  appointed  by  the  governor,  subject  to 
confirmation  by  the  general  assembly  in  joint  session,  ani 
their  regular  terms  of  office  shall  be  six  years,  respectivelj", 
except  those  first  appointed  under  this  constitution,  of 
whom  one  shall  be  appointed  to  hold  office  until  the  first 
day  of  February,  1904;  one  until  the  first  day  of  Feb- 
ruary, 1906,  and  one.  until  the  first  day  of  February,  190J. 
Whenever  a  vacancy  in  the  commission  shall  occur,  th,^ 
governor  shall  forthwith  appoint  a  qualified  person  to  fill 
the  same  for  the  unexpired  term,  subject  to  confirmatloi 
by  the  general  assembly  as  aforesaid.  Commissioners  ai  - 
pointed  for  regular  terms  shall,  at  the  beginning  of  th } 
terms  for  which  appointed,  and  those  appointed  to  fill  vf- 
cancies  shall,  immediately  upon  their  appointments,  enter 
upon  the  duties  of  their  office;  but  no  person  so  appointee , 
either  for  a  regular  term  or  tb  fill  a  vacancy,  shall  ente  • 
upon  or  continue  in  office  after  the  general  assembly  shall 
have  refused  to  confirm  his  appointment,  or  adjourne  1 
sine  die  without  confirming  the  same,  nor  shall  he  be  elig  - 
ble  for  reappointment  to  fill  the  vacancy  caused  by  sue  i 
refusal  or  failure  to  confirm.  No  person,  while  employe  1 
by,  or  holding  any  office  in  relation  to,  any  transportatio  i 
or  transmission  company,  or  while  in  anywise  financiall  ■ 
interested  therein,  or  while  engaged  in  practicing  lav , 
shall  hold  office  as  a  member  of  said  commission,  or  pel  -, 
form  any  of  the  duties  thereof.  At  least  one  of  the  con  - 
missioners  shall  have  the  qualifications  prescribed  f o  • 
judges  of  the  supreme  court  of  appeals;  and  any  commii  ■ 
sioner  may  be  impeached  or  removed  in  the  manner  pr(  - 
vided  for  the  impeachment  or  removal  of  a  judge  of  sal  I 
court.  The  commission  shall  annually  elect  one  of  thei  • 
members  chairman  of  the  same,  and  shall  have  one  clerl  . 
one  bailiff  and  such  other  clerks,  officers,  assistants  an  I 
subordinates  as  may  be  provided  by  law,  a'.l  of  whom  sha  1 
be  appointed,  and  subject  to  removal,  by  the  commlssioi  . 
It  shall  prescribe  its  own  rules  of  order  and  procedure,  ex- 
cept so  far  as  the  same  are  specified  in  this  constitutioi , 
or  any  amendment  thereof.  The  general  assembly  ma  -' 
establish  within  the  department,  and  subject  to  the  supe- 
vision  and  control  of  the  commission,  subordinate  divisions 
or  bureaus  of  insurance,  banking  or  other  special  branch*;; 
of  the  business  of  that  department.  All  sessions  of  the 
commission  shall  be  public,  and  a  permanent  record  sha  1 
be  kept  of  all  its  judgments,  rules,  orders,  findings  and 
decisions,  and  of  all  reports  made  to  or  by  It.  Two  of  the 
commissioners  shall  constitute  a  quorum  for  the  transac- 
tion of  business,  whether  there  be  a  vacancy  in  the  coni- 
mission  or  not.  The  commission  shall  keep  its  office  open 
for  business  on  every  day  except  Sundays  and  legal  holi- 
days. Transportation  companies  shall  at  all  times  trans- 
port free  of  charge,  within  this  State,  the  members  of  said 
commission  and  its  officers,  or  any  of  them,  when  engaged 
on  their  official  duties.  The  general  assembly  shall  pri- 
vide  suitable  quarters  for  the  commission  and  funds  for 
its  lawful  expenses,  including  pay  tor  witnesses  summoned, 
and  costs  of  executing  processes  issued,  by  the  commisslcn 
of  its  own  motion;  and  shall  fix  the  salaries  of  the  meti- 
bers,  clerks,  assistants  and  subordinates  of  the  commission, 
and  provide  for  the  payment  thereof;  but  the  salary  of 
each  commissioner  shall  not  be  less  than  $4,000  per  annum. 
After  the  first  day  of  January,  1908,  the  general  assembly 
may  provide  for  the  election  of  the  members  of  the  com- 


I'uKLic  Sekvick  Laws 


1357 


mission  by  the  qualified  voters  of  the  State,  in  which  event 
vacancies  thereafter  occurring  shall  be  filled  as  herein- 
before provided,  until  the  expiration  of  20  days  after  the 
next  general  election,  held  not  less  than  60  days  after  the 
vacancy  occurs,  at  which  election  the  vacancy  shall  be 
filled  for  the  residue  of  the  unexpired  term. 

Power — Duty — Procedure.  §  156.  (a)  Subject  to  the 
provisions  of  this  constitution,  and  to  such  requirements, 
rules  and  regulations  as  may  be  prescribed  by  law,  the 
State  corporation  commission  shall  be  the  department  of 
government  through  which  shall  be  issued  all  charters  and 
amendments  or  extensions  thereof  for  domestic  corpora- 
tions, and  all  licenses  to  do  business  in  this  State  to  for- 
eign corporations;  and  through  which  shall  be  carried  out 
all  the  provisions  of  this  constitution,  and  of  the  laws 
made  in  pursuance  thereof,  for  the  creation,  visitation,  su- 
pervision, regulation  and  control  of  corporations  chartered 
by  or  doing  business  in  this  State.  The  commission  shall 
prescribe  the  forms  of  all  reports  which  may  be  required 
of  such  corporations  by  this  constitution  or  by  law;  it  shall 
collect,  receive  and  preserve  such  reports,  and  annually 
tabulate  and  publish  them  in  statistical  form ;  it  shall  have 
all  the  rights  and  powers  of  arid  perform  all  the  duties 
devolving  upon  the  railroad  commissioner  and  the  board  of 
public  works,  at  the  time  this  constitution  goes  into  effect, 
except  so  far  as  they  are  inconsistent  with  this  constitu- 
tion, or  may  be  hereafter  abolished  or  changed  by  law. 

(b)  The  commission  shall  have  the  power  and  be 
charged  with  the  duty  of  supervising,  regulating-and  con- 
trolling all  transportation  and  transmission  companies  do- 
ing business  in  this  State  in  all  matters  relating  to  the 
performance  of  their  public  duties  and  their  charges  there- 
for, and  of  correcting  abuses  therein  by  such  companies; 
and  to  that  end  the  commission  shall,  from  time  to  time, 
prescribe  and  enforce  against  such  companies,  in  the  man- 
ner hereinafter  authorized,  such  rates,  charges,  classifica- 
tions of  traffic  and  rules  and  regulations,  and  shall  require 
them  to  establish  and  maintain  all  such  public  service, 
facilities  and  conveniences  as  may  be  reasonable  and  just, 
which  said  rates,  charges,  classifications,  rules,  regulatiops 
and  requirements  the  commission  may,  from  time  to  time, 
alter  or  amend.  All  rates,  charges,  classifications,  rules 
and  regulations  adopted  or  acted  upon  by  any  such  com- 
pany, inconsistent  with  those  prescribed  by  the  commis- 
sion, within  the  scope  of  its  authority,  shall  be  unlawful 
and  void.  The  commission  shall  also  have  the  right,  at  all 
times,  to  inspect  the  books  and  papers  of  all  transporta- 
tion and  transmission  companies  doing  business  in  this 
State,  and  to  require  from  such  companies,  from  time  to 
time,  special  reports  and  statements,  under  oath,  concern- 
ing their  business;  it  shall  keep  itself  fully  informed  of 
the  physical  condition  of  all  the  railroads  of  the  State  as 
to  the  manner  in  which  they  are  operated,  with  reference 
to  the  security  and  accomm.odation  of  the  public,  and  shall, 
from  time  to  time,  make  and  enforce  such  requirements! 
rules  and  regulations  as  may  be  necessary  to  prevent  un- 
just or  unreasonable  discriminations  by  any  transportation 
or  transmission  company  in  favor  of  or  against  any  per- 
son, locality,  community,  connecting  line  or  kind  of  traffic, 
in  the  matter  of  car  service,  train  or  boat  schedule,  effi- 
ciency of  transportation  or  otherwise,  in  connection  with 
the  public  duties  of  such  company.  Before  the  commission 
shall  prescribe  or  fix  any  rate,  charge  or  classification  of 
traffic,  and  before  it  shall  make  any  order,  rule,  regulation 
or  requirement  directed  against  any  one  or  more  companies 
by  name,  the  company  or  companies  to  be  affected  by  such 
late,  charge,  classification,  order,  rule,  regulation  or  re- 
quirement, shall  first  be  given  by  the  commission  at  least 
10  days'  notice  of  the  time  and  place  when  and  where  the 
contemplated  action  in  the  premises  will  be  considered  and 
disposed  of,  and  shall  be  afforded  a  reasonable  opportunity 
to  introduce  evidence  and  to  be  heard  thereon,  to  the  end 
that  justice  may  be  done,  and  shall  have  process  to  enforce 
the  attendance  of  witnesses;  and  before  the  commission 
shall  make  or  prescribe  any  general  order,  rule,  regulation 
or  requirement,  not  directed  against  any  specific  company 
or  companies  by  name,  the  contemplated  general  order, 
rule,  regulation  or  requirement  shall  first  be  published  iii 
substance  not  less  than  once  a  week  for  four  consecutive 
weeks  in  one  or  more  of  the  newspapers  of  general  circu- 
lation published  in  the  city  of  Richmond,  Va.,  together 
with  notice  of  the  time  and  place,  when  and  where 
the  commission  will  hear  any  objections  which  may  be 
urged  by  any  person  Interested  against  the  proposed  order, 
rule,   regulation  or  requirement;    and   every   such   general 


order,  rule,  regulation  or  requirement  made  by  the  com- 
mission shall  be  published  at  length  for  the  time  and  in 
the  manner  above  specified  before  it  shall  go  into  effect, 
and  shall  also,  as  long  as  it  remains  in  force,  be  published 
in  each  subsequent  annual  report  of  the  commission.  The 
authority  of  the  commission  (subject  to  review  on  appeal, 
as  hereinafter  provided)  to  prescribe  rates,  charges  and 
classifications  of  traffic,  for  transportation  and  transmis- 
sion companies,  shall  be  paramount;  but  its  authority  to 
prescribe  any  other  rules,  regulations  or  requirements  for 
corporations  or  other  persons  shall  be  subject  to  the  su- 
perior authority  of  the  general  assembly  to  legislate  there- 
on by  general  laws;  provided,  however,  that  nothing  in 
this  section  shall  impair  the  right  which  has  heretofore 
been  or  may  hereafter  be  conferred  by  law  upon  the  au- 
thorities of  any  city,  town  or  county  to  prescribe  rules, 
regulations  or  rates  of  charge  to  be  observed  by  any  public 
service  corporation  in  connection  with  any  services  per- 
formed by  it  under  a  municipal  or  county  franchise 
granted  by  such  city,  town  or  county,  so  far  as  such  serv- 
ices may  be  wholly  within  the  limits  of  the  city,  town  or 
county  granting  the  franchise.  Upon  the  request  of  the 
parties  interested,  it  shall  be  the  duty  of  the  commission, 
as  far  as  possible,  to  effect  by  mediation  the  adjustment 
of  claims  and  the  settlement  of  controversies  between 
transportation  or  transmission  companies  and  their  pa- 
trons. 

(c)  In  all  matters  pertaining  to  the  public  visitation, 
regulation  or  control  of  corporations,  and  within  the  juris- 
diction of  the  commission,  it  shall  have  the  powers  arid 
authority  of  a  court  of  record,  to  administer  oaths,  to 
compel  the  attendance  of  witnesses  and  the  production  of 
papers,  to  punish  for  contempt  any  person  guilty  of  dis- 
respectful or  disorderly  conduct  in  the  presence  of  the 
commission  while  in  session,  and  to  enforce  compliance 
with  any  of  its  lawful  orders  or  requirements  by  adjudg- 
ing and  enforcing  by  its  own  appropriate  process  against 
the  delinquent  or  offending  company  (after  it  shall  have 
been  first  duly  cited,  proceeded  against  by  due  process  of 
law  before  the  commission  sitting  as  a  court,  and  afforded 
opportunity  to  introduce  evidence  and  to  be  heard,  as  well 
against  the  validity,  justness  or  reasonableness  of  the  order 
or  requirement  alleged  to  have  been  violated,  as  against 
the  liability  of  the  company  for  the  alleged  violation), 
such  fines  or  other  penalties  as  may  be  prescribed  or  au- 
thorized by  this  constitution  or  by  law.  The  commission 
may  be  vested  with  such  additional  powers  and  charged 
with  such  other  duties  (not  inconsistent  with  this  consti- 
tution) as  may  be  prescribed  by  law.  In  connection  with  the 
visitation,  regulation  or  control  of  corporations,  or  with 
the  prescribing  and  enforcing  of  rates  and  charges  to  be 
observed  in  the  conduct  of  any  business  where  the  State 
has  the  right  to  prescribe  the  rates  and  charges  In  connec- 
tion therewith,  or  with  the  assessment  of  the  property  of 
corporations,  or  the  appraisement  of  their  franchises  for 
taxation,  or  with  the  investigation  of  the  subject  of  taxa- 
tion generally.  Any  corporation  failing  or  refusing  to  obey 
any  valid  order  or  requirement  of  the  commission,  within 
such  reasonable  time,  not  less  than  10  days,  as  shall  be 
fixed  in  the  order,  may  be  fined  by  the  commission  (pro- 
ceeding by  due  process  of  law  as  aforesaid)  such  sum,  not 
exceeding  $500,  as  the  commission  may  deem  proper,  or 
such  sums,  in  excess  of  $500,  as  may  be  prescribed  or  au- 
thorized by  law;  and  each  day's  continuance  of  such  failure 
or  refusal,  after  due  service  upon  such  corporation  of  the  ' 
order  or  requirement  of  the  commission,  shall  be  a  separate 
offense;  provided,  that  should  the  operation  of  such  order 
or  requirement  be  suspended  pending  an  appeal  therefrom, 
the  period  of  such  suspension  shall  not  be  computed  against 
the  company  in  the  matter  of  its  liability  to  fines  or  pen- 
alties. 

(d)  From  any  action  of  the  commission  prescribing  ■ 
rates,  charges  or  classifications  of  traffic,  or  affecting  the 
train  schedule  of  any  transportation  company,  or  requiring 
additional  facilities,  conveniences  or  public  service  of  any 
transportation  or  transmission  company,  or  refusing  to  ap- 
prove a  suspending  bond,  or  requiring  additional  security 
thereon  or  an  increase  thereof,  as  provided  for  in  sub- 
section (e)  of  this  section,  an  appeal  (subject  to  such  rea- 
sonable limitations  as  to  time,  regulations  as  to  procedure 
and  provisions  as  to  costs,  as  may  be  prescribed  by  law) 
may  be  taken  by  the  corporation  whose  rates,  charges  or 
classifications  of  traffic,  schedule,  facilities,  conveniences  or 
service  are  affected,  or  by  any  person  deeming  himself 
aggrieved  by  such  action,  or   (if  allowed  by  law)   by  the 


1358 


Aatioxal  AssociATiox  or  Kailway  Commissioners 


commonwealth.  Until  otherwise  provided  by  law,  such  ap- 
peal shall  be  taken  in  the  manner  in  which  appeals  may 
be  taken  to  the  supreme  court  of  appeals  from  the  inferior 
courts,  except  that  such  appeals  shall  be  of  right,  and  the 
supreme  court  of  appeals  may  provide  by  rule  for  proceed- 
ings in  the  matter  of  appeals  in  any  pailicular  in  which 
the  existing  rules  of  law  are  inapplicable.  If  such  appeal 
be  taken  by  the  corporation  whose  rates,  charges  or  classi- 
fications of  traffic,  schedules,  facilities,  conveniences  or 
service  are  affected,  the  commonwealth  shall  be  made  the 
appellee;  but,  in  the  other  cases  mentioned,  the  corpora- 
tion so  affected  shall  be  made  the  appellee.  The  general 
assembly  may  also  by  general  laws  provide  for  appeals  from 
any  other  action  of  the  commission,  by  i.he  commonwealth 
or  by  any  person  interested,  irrespective  of  the  amount 
involved.  All  appeals  from  the  commission  shaft  be  to  the 
supreme  court  of  appeals  only;  and  in  all  appeals  to  which 
the  commonwealth  is  a  party  it  shall  be  represented  by  the 
attorney-general  or  his  legally  appointed  representative. 
No  court  of  this  commonwealth  (except  the  supreme  court 
of  appeals,  by  way  of  appeals  as  herein  authorized)  shall 
have  jurisdiction  to  review,  reverse,  correct  or  annul  any 
action  of  the  commission,  within  the  sjcope  of  its  authority. 
or  to  suspend  or  delay  the  execution  or  operation  thereof, 
OP  to  enjoin,  restrain  or  interfere  with  the  commission  in 
the  performance  of  its  official  duties;  provided,  however, 
that  the  writs  of  mandamus  and  prohibition  shall  lie  from 
the  supreme  court  of  appeals  to  the  commission  in  all 
cases  where  such  writs,  respectively,  would  lie  to  any  infe- 
-sjpr  tribunal  or  officer. 

■'. :  (e)  Upon  the  granting  of  an  appeal  a  writ  of  super- 
sedeas may  be  awarded  by  the  Appellate  Court,  suspending 
the  operation  of  the  action  appealed  from  until  the  final 
disposition  of  the  appeal;  but,  prior  to  the  final  reversal 
thereof  by  the  Appellate  Court,  no  action  of  the  commission 
prescribing  or  affecting  the  rates,  charges  or  classifications 
of  traffic  of  any  transportation  or  transmission  company 
shall  be  delayed  or  suspended  in  Its  operation  by  reason 
of  any  appeal  by  such  corporation,  or  by  reason  of  any  pro- 
ceedings resulting  from  such  appeal,  until  a  suspending 
bond  shall  first  have  been  executed  and  filed  with  and  ap- 
proved by  the  commission  (or  approved  on  review  by  the 
supreme  court  of  appeals),  payable  to  the  commonwealth, 
and  sufficient  in  amount  and  security  to  Insure  the  prompt 
refunding  by  the  appealing  corporation  to  the  parties  enti- 
tled thereto,  of  all  charges  which  such  company  may  col- 
lect or  receive,  pending  the  appeal,  in  excess  of  those  fixed 
or  authorized,  by  the  final  decision  of  the  court  on  appeal. 
The  commission,  upon  the  execution  of  such  bond,  shall 
forthwith  require  the  appealing  company,  under  penalty  of 
the  immediate  enforcement  (pending  the  appeal  and  not- 
withstanding any  supersedeas)  of  the  order  or  requirement 
appealed  from  to  keep  such  accounts  and  to  make  to  the 
commission,  from  time  to  time,  such  reports,  verified  by- 
oaths,  as  may,  in  the  judgment  of  the  commission,  suffice 
to  show  the  amounts  being  charged  or  received  by  the  com- 
pany, pending  the  appeal,  in  excess  of  the  charge  allowed 
by  the  action  of  the  commission  appealed  from,  together 
with  the  names  and  addresses  of  the  persons  to  whom  such 
overcharges  will  be  refundable  in  case  the  charges  made 
by  the  company  pending  the  appeal  be  not  sustained  In 
such  appeal;  and  the  commission  shall  also,  from  time  to 
time,  require  such  company,  under  like  penalty,  to  give 
additional  security  on  or  to  increase  the  said  suspending 
bond  whenever.  In  the  opinion  of  the  commissioix,  the  same 
may  be  necessary  to  insure  the  prompt  refunding  of  the 
overcharges  aforesaid.  Upon  the  final  decision  of  such  ap- 
peal, all  amounts  which  the  appealing  company  may  have 
collected,  pending  the  appeal,  in  excess  of  that  authorized 
by  such  final  decision,  shall  be  promptly  refunded  by  the 
company  to  the  parties  entitled  thereto,  in  such  manner 
and  through  such  methods  of  distribution  as  may  be  pre- 
scribed by  the  commission  or  by  law.  All  such  appeals 
affecting  rates,  charges  or  classifications  of  traffic  shall 
have  precedence  upon  the  docket  of  the  Appellate  Court, 
and  shall  be  heard  and  disposed  of  promptly  by  the  court. 
Irrespective  of  Its  place  of  session,  next  after  the  habeas 
corpus  and  commonwealth's  cases  already  on  the  docket  of 
the  court.  , 

(f)  In  no  case  of  appeal  from  the  commission  shall 
any  new  or  additional  evidence  be  introduced  in  the  Ap- 
pellate Court;  but  the  chairman  of  the  commission,  under 
the  seal  of  the  commission,  shall  certify  the  the  Appellate 
Court  all  the  facts  upon  which  the  action  appealed  from 


was  based  and  which  may  be  essential  for  the  proper  de 
clsion  of  the  appeal,  together  with  such  of  the  evidence  In- 
troduced before  or  considered  by  the  commission  as  may 
be  selected,  specified  and  required  to  be  certified  by  any 
party  in  interest,  as  well  as  such  other  evidence  so  intro- 
duced or  considered  as  the  commission  may  deem  proper 
to  certify.  The  commission  shall,  whenever  an  appeal  la 
taken  therefrom,  file  with  the  record  of  the  case,  and  as  a 
part  thereof,  a  written  statement  of  the  reasons  upon 
which  the  action  appealed  from  was  based,  and  such  state- 
ment shall  be  read  and  considered  by  the  Appellate  Court 
upon  disposing  of  the  appeal.  The  Appellate  Court  shall 
have  jurisdiction,  on  such  appeal,  to  consider  and  deter- 
mine the  reasonableness  and  justness  of  the  action  of  the 
commission  appealed  from,  as  well  as  any  other  matter 
arising  under  such  appeal;  provided,  however,  that  the 
action  of  the  commission  appealed  from  shall  be  regarded 
as  prima  facie  just,  reasonable  and  correct;  but  the  court 
may,  when  It  deems  necessary  in  the  interest  of  justice, 
remand  to  the  commission  any  case  pending  on  appeal, 
and  require  the  same  to  be  further  investigated  by  the 
commission  and  reported  upon  to  the  court  (together  with 
a  certificate  of  such  additional  evidence  as  may  be  ten- 
dered before  the  commission  by  any  party  in  interest)  be- 
fore the  appeal  is  finally  decided. 

(g)  Whenever  the  court  upon  appeal  shall  reverse  an 
order  of  the  commission  affecting  the  rates,  charges  or  the 
classifications  of  traffic  of  any  transportation  or  transn  is- 
sion  company,  it  shall  at  the  same  time  substitute  there'or 
such  order  as,  in  its  opinion,  the  commission,  should  have 
made  at  the  time  of  entering  the  order  appealed  fro:n; 
otherwise,  the  reversal  order  shall  not  be  valid.  Such  sub- 
stituted order  shall  have  the  same  force  and  effect  (aud 
none  other)  as  if  it  had  been  entered  by  the  commission 
at  the  time  the  original  order  appealed  from  was  entered. 
The  right  of  the  commission  to  prescribe  and  enfoice 
rates,  charges,  classifications,  rules  and  regulations  aftejt- 
ing  any  or  all  actions  of  the  commission  theretofore  i  n- 
tered  by  it  and  appealed  from,  but  based  upon  circum- 
stances or  conditions  different  from  those  existing  at  tfie 
time  the  order  appealed  from  was  made,  shall  not  be  s'ls- 
pended  or  impaired  by  reason  of  the  pendency  of  such  i  p- 
peal ;  but  no  order  of  the  commission,  prescribing  or  alt  'r- 
ing  such  rates,  charges,  classifications,  rules  or  regulatiois, 
shall  be  retroactive. 

(h)  The  right  of  any  person  to  institute  and  proseci  te 
in  the  ordinary  courts  of  justice  any  action,  suit  or  motl  m 
against  any  transportation  or  transmission  company  lor 
any  claim  or  cause  of  action  against  such  company,  sh  ill 
not  be  extinguished  or  impaired  by  reason  of  any  fine  or 
other  penalty  which  the  commission  may  impose,  or  ae 
authorized  to  impose,  upon  such  company  because  of  ts 
breach  of  any  public  duty,  or  because  of  its  failure  to  co  n- 
ply  with  any  order  or  requirement  of  the  commission;  lut 
in  no  such  proceeding  by  any  person  against  such  corpo  a- 
tion,  nor  in  any  collateral  proceeding,  shall  the  reasonab  ie- 
ness,  justness  or  validity  of  any  rate,  charge,  classlficati  m 
of  traffic,  rule,  regulation  or  requirement,  theretofore  p  e- 
scribed  by  the  commission,  within  the  scope  of  its  auth  >r- 
ity,  and  then  In  force,  be  questioned;  provided,  however, 
that  no  case  based  upon  or  involving  any  order  of  the  con- 
mission  shall  be  heard  or  disposed  of  against  the  object!  m 
of  either  party  so  long  as  such  order  is  suspended  in  ts 
operation  by  an  order  of  the  supreme  court  of  appeals  as 
authorized  by  this  constitution  or  by  any  law  passed  in 
pursuance  thereof. 

(i)  The  commission  shall  make  annual  reports  to  the 
governor  of  its  proceedings,  in  which  reports  it  shall  roc- 
ommend,  from  time  to  time,  such  new  or  additional  legis- 
lation in  reference  to  its  powers  or  duties,  or  to  the  croa- 
ation,  supervision,  regulation  or  control  of  corporations,  or 
to  the  subject  of  taxation,  as  it  may  deem  wise  or  expedi- 
ent, or  as  may  be  required  by  law. 

(j)  Upon  the  organization  of  the  State  corporation 
commission,  the  board  of  public  works  and  the  office  of 
railroad  commissioner  shall  cease  to  exist,  and  all  books, 
papers  and  documents  pertaining  thereto  shall  be  trans- 
ferred to  and  become  a  part  of  the  records  of  the  office  of 
the  State  corporation  commission. 

(k)  After  the  1st  day  of  January,  1905,  in  addition 
to  the  modes  of  amendment  provided  for  in  article  15  of 
this  constitution,  the  general  assembly,  upon  the  recom- 
mendation  of  the  State  corporation   commisBiou,   may,   by 


Public  Service  Laws 


1369 


law,  from  time  to  time,  amend  sub-sections  a  to  i,  inclu- 
sive, of  this  section,  or  any  of  them,  or  any  such  amend- 
ment thereof;  provided,  that  no  amendment  made  under 
authority  of  this  sub-section  shall  contravene  the  provi- 
sions of  any  part  of  this  constitution  other  than  the  sub- 
sections last  above  referred  to  or  any  such  amendment 
thereof. 

Fee  from  corporation.  §  157.  Provision  shall  be  made 
by  general  laws  for  the  payment  of  a  fee  to  the  common- 
wealth by  every  domestic  corporation  upon  the  granting, 
amendment  or  extension  of  its  charter,  and  by  every  for- 
eign corporation  upon  obtaining  a  license  to  do  business 
ill  this  State  as  specified  in  this  section;  and  also  for  the 
payment  by  every  domestic  corporation  and  foreign  cor- 
poration doing  business  in  this  State  of  an  annual  registra- 
tion fee  of  not  less  than  $5  nor  more  than  $25,  which  shall 
be  irrespective  of  any  specific  license  or  other  tax  imposed 
by  law  upon  such  company  for  the  privilege  of  carrying 
on  its  business  in  this  State,  or  upon  its  franchise  or  prop- 
erty; and  for  the  making  by  every  such  corporation  (at 
the  time  of  paying  such  annual  -registration  fee)  of  such 
report  to  the  State  corporation  commission  of  the  status, 
business  or  condition  of  such  corporation  as  the  general 
assembly  may  prescribe.  No  foreign  corporation  shall 
have  authority  to  do  business  in  this  State  until  It  shall 
have  first  obtained  from  the  commission  a  license  to  do 
business  in  this  State  upon  such  terms  and  conditions  as 
may  be  prescribed  by  law.  The  failure  by  any  corporation, 
for  two  successive  years,  to  pay  its  annual  registration  fee, 
or  to  make  its  said  annual  report,  shall,  when  such  failure 
shall  have  continued  for  90  days  after  the  expiration  of 
such  two  years,  operate  as  a  revocation  and  annulment  of 
the  charter  of  such  corporation,  if  it  be  a  domestic  com- 
pany, or  of  its  license  to  do  business  in  this  State,  if  it  be 
a  foreign  company;  and  the  general  assembly  shall  pro- 
vide additional  and  suitable  penalties  for  the  failure  of 
any  corporation  to  comply  promptly  with  the  requirements 
of  this  section,  or  of  any  laws  passed  in  pursuance  thereof. 
The  commission  shall  compel  all  corporations  to  comply 
promptly  with  such  requirements  by  enforcing  in  the  man- 
ner hereinbefore  authorized  such  fines  and  penalties 
against  the  delinquent  company  as  may  be  provided  for  or 
authorized  by  this  article;  but  the  general  assembly  may 
relieve  from  the  payment  of  the  said  registration  fee  any 
purely  charitable  institution  or  institutions. 

Effect  of  amendment,  previously  obtained  charter.  §  158. 
Every  corporation  heretofore  chartered  in  this  State 
which  shall  hereafter  accept  or  effect  any  amendment  or 
extension  of  its  charter  shall  be  conclusively  presumed  to 
have  thereby  surrendered  every  exemption  from  taxation, 
and  every  non-repealable  feature  of  its  charter  and  of  the 
amendments  thereof,  and  also  all  exclusive  rights  or  privi- 
leges theretofore  granted  to  it  by  the  general  assembly  and 
not  enjoyed  by  other  corporations  of  a  similar  general 
character,  and  to  have  thereby  agreed  to  thereafter  hold 
its  charter  and  franchises,  and  all  amendments  thereof 
under  the  provisions  and  subject  to  all  the  requirements, 
terms  and  conditions  of  this  constitution,  and  of  any  laws 
passed  in  pursuance  thereof,  so  far  as  the  same  may  be 
applicable  to  such  corporation. 

Eminent  domain.  §  159.  The  exercise  of  the  right  o? 
eminent  domain  shall  never  be  abridged  nor  so  con- 
strued as  to  prevent  the  general  assembly  from  taking 
the  property  and  franchises  of  corporations  and  subject- 
ing them  to  public  use  the  same  as  the  property  of 
individuals;  and  the  exercise  of  the  police  power  of  the 
State  shall  never  be  abridged  nor  so  construed  as  to 
permit  corporations  to  conduct  their  business  in  such 
manner  as  to  infringe  the  equal  rights  of  individuals 
or  the  general  well-being  of  the  State. 

Concerning  rates.  §  160.  No  transportation  or  trans- 
mission company  shall  charge  or  receive  any  greater 
compensation,  in  the  aggregate,  for  transporting  the 
same  class  of  passengers  or  property  or  for  transmit- 
ting the  same  class  of  messages  over  a  shorter  than 
over  a  longer  distance  along  the  same  line  and  in  the 
same  direction — the  shorter  being  included  in  the  longer 
distance;  but  this  section  shall  not  be  construed  as 
authorizin^g  any  such  company  to  charge  or  receive  as 
great  compensation  for  a  shorter  as  for  a  longer  dis- 
tance. The  State  corporation  commission  may,  from  time 
to  t'me,  authorize  any  such  company  to  disregard  the 
foregoing    provisions    of    this    section    by    charging    such 


rates  as  the  commission  may  prescribe  as  just  and 
equitable  between  such  company  and  the  public  to  and 
from  any  junctional  or  competitive  points  or  localities, 
or  where  the  competition  of  points  located  without  this 
State  may  make  necessary  the  prescribing  of  special 
rates  for  the  protection  of  the  commerce  of  the  State; 
but  this  section  shall  not  apply  to  mileage  tickets,  or: 
to  any  special  excursion  or  commutation  rates,  or  to 
special  rates  for  services  rendered  to  the  governments 
of  this  State,  or  of  the  United  States,  or  in  the  interest 
of  some  public  object,  when  such  tickets  or  rates  shall; 
have  been  prescribed  or  authorized  by  the  commission. 
Eree  transportation,  ii  161.  No  transportation  or  trans- 
mission company  doing  business  in  this  State  shall  grant 
to  any  member  of  the  general  assembly,  or  to  any  State, 
county,  district  or  municipal  officer,  except  to  members 
and  officers  of  the  State  corporation  commission,  for  ' 
their  personal  use  while  in  office,  any  frank,  free  pass, 
free  transportation,  or  any  rebate  or  reduction  in  the 
rates  charged  by  such  company  to  the  general  public 
for  like  services.  For  violation  of  the  provision  ot 
this  section  the  offending  company  shall  be  liable  to 
such  penalties  as  may  be  prescribed  by  law;  and  any 
member  ot  the  general  assembly,  or  any  such  officer 
who  shall,  while  In  office,  accept  any  gift,  privilege  or 
be'nefit  as  is  prohibited  by  this  section,  shall  thereby 
forfeit  his  office  and  be  subject  to  such  further  penalties 
as  may  be  prescribed  by  law;  but  this  section  shall  not 
prevent  a  street  railway  company  from  transporting  free 
of  charge  any  me"tnber  of  the  police  force  or  fire  depart- 
ment while  in  the  discharge  of  his  official  duties,  nor 
prohibit  the  acceptance  by  any  such  policeman  or  fire- 
man of   such   free  transportation. 

Fellou-servant  doctrine  modified.  §  162.  The  doctrine 
of  fellow-servant,  so  far  as  it  affects  the  liability  of  the 
master  for  injuries  to  his  servant,  resulting  from  the 
acts  or  omissions  of  any  other  servant  or  servants  of 
the  common  master,  is  to  the  extent  hereinafter  stated, 
abolished  as  to  every  employe  of  a  railroad  company 
engaged  in  the  physical  construction,  repair  or  main- 
tenance of  its  roadway,  track  or  any  of  the  structures 
connected  therewith,  or  in  any  work  in  or  upon  a  car 
or  engine  standing  upon  a  track,  or  in  the  physical 
operation  of  a  train,  car,  engine  or  switch,  or  in  any 
service  requiring  his  presence  upon  a  train,  car  or 
engine;  and  every  such  employe  shall  have  the  same 
right  to  recover  for  every  injury  suffered  by  him  from 
the  acts  or  omissions  of  any  other  employe  or  employes 
of  the  common  master,  that  a  servant  would  have  (at 
the  time  when  this  constitution  goes  into  effect)  it  such 
acts  or  omissions  were  those  ot  the  master  himself  in 
the  performance  of  a  non-assignable  duty;  provided,  that 
the  injury  so  suffered  by  such  employe  result  from  the 
negligence  of  an  officer  or  agent  of  the  company  of  a 
higher  grade  of  service  than  himself,  or  from  that  of  a 
person  employed  by  the  company  having  the  right  or 
charged  with  the  duty  to  control  or  direct  the  general 
services  or  the  immediate  work  of  the  party  injured,  or 
the  general  services  of  the  immediate  work  of  the  co- 
employe  through  or  by  whose  act  or  omission  he  is 
injured;  or,  that  it  result  from  the  negligence  of  a  co- 
employe  engaged  in  another  department  of  labor,  or 
engaged  upon  or  in  charge  of  any  car  upon  which, 
or  upon  the  train  of  which  it  is  a  part,  the  injured 
employe  is  not  at  the  time  of  receiving  the  injury,  or 
who  Is  in  charge  of  any  switch,  signal  point,  or  locomo- 
tive engine,  or  is  charged  with  dispatching  trains  or 
transmitting  telegraphic  or  telephonic  orders  therefor; 
and  whether  such  negligence  be  in  the  performance  of 
an  assignable  or  non-assignable  duty.  The  physical  con- 
struction, repair  and  maintenance  of  the  roadway,  track 
or  any  of  the  structures  connected  therewith,  and  the 
physical  contsruction,  repair  and  maintenance,  cleaning 
or  operation  of  trains,  cars  or  engines,  shall  be  regarded  ' 
as  different  departments  of  labor  within  the  meaning 
of  this  section.  Knowledge,  by  any  such  railroad  em- 
ploye injured,  of  the  defective  or  unsafe  character  or 
condition  of  any  machinery,  ways,  appliances  or  struc- 
tures, shall  be  no  defense  to  any  action  for  injury  caused 
thereby.  When  death,  whether  instantaneous  or  not, 
results  to  such  an  employe  from  any  injury  for  which 
he  could  have  recovered  under  the  above  provisions, 
had  death   not  occurred,  then  his  legal  or  personal  rep- 


1360 


Natioxal  AssociATiox  OF  Railway  Commissioners 


resentative,  surviving  consort,  and  relatives  (and  any 
trustee,  curator,  committee  or  guardian  of  such  consorts 
or  relatives)  shall,  respectively,  have  the  same  rights 
and  remedies  with  respect  thereto  as  if  his  death  had 
been  caused  by  the  negligence  of  a  co-employe  while  in 
the  performance,  as  vice-principal,  of  a  non-assignable 
duty  of  the  master.  Every  contract  or  agreement,  ex- 
press or  implied,  made  by  an  employe,  to  waive  the 
benefit  of  this  section,  shall  be  null  and  void.  This 
section  shall  not  be  construed  to  deprive  any  employe, 
or  his  legal  or  personal  representative,  surviving  consort 
or  relatives  (or  any  trustee,  curator,  committee  or 
guardian  of  such  consort  or  relative),  of  any  rights  or 
remedies  that  he  or  they  may  have  by  the  law  of  the 
land,  at  the  time  this  constitution  goes  into  effect. 
Nothing  contained  in  this  section  shall  restrict  the  power 
of  the  general  assembly  to  further  enlarge,  for  the 
above-named  class  of  employes,  the  rights  and  remedies 
hereinbefore  provided  for,  or  to  extend  such  rights  and 
remedies  to  or  otherwise  enlarge  the  present  rights 
and  remedies  of  any  other  class  of  employes  of  railroads 
or  of  employes   of  any   person,   firm  or  corporation. 

Foreign  corporations.  §  163.  No  foreign  corporation 
shall  be  authorized  to  carry  on,  in  this  State,  the  busi- 
ness, or  to  exercise  any  of  the  powers  or  functions,  of  a 
public  service  corporation,  or  be  permitted  to  do  any- 
thing which  domestic  corporations  are  prohibited  from 
doing,  or  be  relieved  from  compliance  with  any  of  the 
requirements  made  of  similar  domestic  corporations  by 
the  constitution  and  laws  of  this  State,  where  the  same 
can  be  made  applicable  to  such  foreign  corporation  with- 
out discriminating  against  it.  But  this  section  shall 
not  affect  any  public  service  corporation  whose  line  or 
route  extends  across  the  boundary  of  this  common- 
wealth, nor  prevent  any  foreign  corporation  from  con- 
tinuing in  such  lawful  business  as  it  may  be  actually 
engaged  in  within  this  State,  when  this  constitution 
goes  into  effect;  but  any  such  foreign  public  service 
corporation,  so  engaged,  shall  not,  without  first  becom- 
ing incorporated  under  the  laws  of  this  State,  be  author- 
ized to  acquire,  lease,  use  or  operate,  within  this  State, 
any  public  or  municipal  franchise  or  franchises  in  addi- 
tion to  such  as -it  may  own,  lease,  use  or  operate  when 
this  constitution  goes  into  effect.  The  property,  within 
this  State,  of  foreign  corporations  shall  always  be  sub- 
jected to  attachment,  the  same  as  that  of  non-resident 
Individuals;  and  nothing  in  this  section  shall  restrict 
the  power  of  the  general  assembly  to  discriminate  against 
foreign  corporations  whenever,  and  in  whatsoever  re- 
spect,   It    may    deem    wise    and    expedient. 

Right  of  regulation  and  control.  §  164.  The  right  of 
the  commonwealth,  through  such  instrumentalities  as  it 
may  select,  to  prescribe  and  define  the  public  duties  of 
all  common  carriers  and  public  service  corporations,  to 
regulate  and  control  them  in  the  performance  of  their 
public  duties,  and  to  fix  and  limit  their  charges  therefor, 
shall   never   be    surrendered   nor   abridged. 

Trusts,  etc.  §165.  The  general  assembly  shall  enact 
laws  preventing  all  trusts,  combinations  and  monopolies, 
inimical  to  the  public  welfare. 

Parallel  roads.  §  166.  The  exclusive  right  to  build  or 
•operate  railroads  parallel  to  its  own,  or  any  other,  line 
•of  railroad,  shall  not  be  granted  to  any  company;  but 
every  railroad  company  shall  have  the  right,  subject  to 
such  reasonable  regulations  as  may  be  prescribed  by  law,' 
to  parallel,  intersect,  connect  with  or  cross,  with  its 
roadway,  any  other  railroad  or  railroads;  but  no  railroad 
•company  shall  build  or  operate  any  line  of  railroad  not 
specified  in  its  charter,  or  in  some  amendment  thereof. 
All  railroad  companies,  whose  lines  of  railroad  connect, 
shall  receive  and  transport  each  other's  passengers, 
freight,  and  loaded  or  empty  cars,  without  delay  or 
discrimination.  Nothing  in  this  section  shall  deprive 
the  general  assembly  of  the  right  to  prevent  by  statute, 
repealable  at  pleasure,  any  railroad  from  being  built 
parallel  to  the  present  line  of  the  Richmond,  Fredericks- 
burg &  Potomac  Railroad. 

Issue  of  stock  and  bonds.  §  167.  The  general  assem- 
bly shall  enact  general  laws  regulating  and  controlling 
all  Issues  of  stock  and  bonds  by  corporations.  Whenever 
Stock  or  bonds  are  to  be  Issued  by  a  corporation.  It  shall, 
before  Issuing  the  same,  file  with  the  State  corporation 
commission  a  statement  (verified  by  the  oath  of  the  presi- 


dent or  secretary  of  the  corporation,  and  in  such  form  as 
may  be  prescribed  or  permitted  by  the  commission)  set- 
ting forth  fully  and  accurately  the  basis,  or  financial  plan, 
upon  which  such  stock  or  bonds  are  to  be  issued;  and 
where  such  basis  or  plan  Includes  services  or  property 
(other  than  money)  received  or  to  be  received  by  the 
company,  such  statement  shall  accurately  specify  and  de- 
scribe, in  the  manner  prescribed,  or  permitted,  by  the  com- 
mission, the  services  and  property,  together  with  the  valu- 
ation at  which  the  same  are  received  or  to  be  received; 
and  such  corporation  shall  comply  with  any  other  require- 
ments or  restrictions  which  may  be  imposed  by  law.  The 
general  assembly  shall  provide  adequate  penalties  for  the 
Violation  of  this  section,  or  of  any  laws  passed  in  pur- 
suance thereof;  and  it  shall  be  the  duty  of  the  commission 
to  adjudge,  and  enforce  (in  the  manner  hereinbefore  pro- 
vided), against  any  corporation  refusing  or  failing  to  com-^ 
ply  with  the  provisions  of  this  section,  or  of  any  laws 
passed  in  pursuance  thereof,  such  fines  and  penalties  as 
are  authorized  by  this  constitution,  or  may  be  prescribed 
by  law. 


ARTICLE  XIII. 

T.\X.\TION    AND    FINANCE. 


m 


Income,  license  and  franchise  taxes — Paving  and  sewe-- 
taxes — Abutting  land  owners.  §  170.  The  general  assembly 
may  levy  a  tax  on  incomes  in  excess  of  ?600  per  annum 
may  levy  a  license  tax  upon  any  business  which  canno: 
be  reached  by  the  ad  valorem  system;  and  may  impost) 
State  franchise  taxes,  and  in  imposing  a  franchise  tax. 
may,  in  its  discretion,  make  the  same  in  lieu  of  taxen 
upon  other  property,  in  whole  or  in  part,  of  a  transporta 
tion,  industrial,  or  commercial  corporation.  Whenever  i. 
franchise  tax  shall  be  imposed  upon  a  corporation  dolnf 
business  in  this  State,  or  whenever  all  the  capital,  how 
ever  invested,  of  a  corporation  chartered  under  the  lawi 
of  this  State,  shall  be  taxed,  the  shares  of  stock  issuec 
by  any  such  corporation  shall  not  be  further  taxed.  N< 
city  or  town  shall  impose  any  tax  or  assessment  upoi 
abutting  land  owners  for  street  or  other  public  local  im 
provements,  except  for  making  and  improving  the  walk 
ways  upon  then  existing  streets,  and  improving  and  pav 
Ing  then  existing  alleys,  and  for  either  the  construction 
or  for  the  use  of  sewers;  and  the  same,  when  imposed 
shall  not  be  in  excess  of  the  peculiar  benefits  resulting 
therefrom  to  such  abutting  land  owners.  Except  in  cities 
and  towns,  no  such  taxes  or  assessments,  for  local  publU 
improvements,  shall  be  imposed  on  abutting  land  owners 

Assessment  and  taxation  of  railroad  and  canal  compa 
nies.  §  176.  The  State  corporation  commission  shall  annu 
ally  ascertain  and  assess,  at  the  time  hereinafter  men 
tioned,  and  in  the  manner  required  of  the  board  of  publk 
works,  by  the  law  in  force  on  January  1,  1902,  th( 
value  of  the  roadbed,  and  other  real  estate,  rolling  stock 
and  all  other  personal  property  whatsoever  (except  its 
franchise  and  the  non-taxable  shares  of  stock  issued  bj 
other  corporations)  in  this  State,  of  each  railway  cor 
poration,  whatever  its  motive  power,  now  or  hereaftei 
liable  for  taxation  upon  such  property;  the  canal  bee 
and  other  real  estate,  the  boats  and  all  other  persona 
property  whatsoever  (except  its  franchise  and  the  non 
taxable  shares  of  stock  issued  by  other  corporations)  ir 
this  State,  of  each  canal  corporation,  empowered  to  con 
duct  transportation;  and  such  property  shall  be  taxed  foi 
State,  county,  city,  town  and  district  purposes  in  the  sam< 
manner  as  authorized  by  said  law,  at  such  rates  of  taxa 
tion  as  may  be  imposed  by  them,  respectively,  from  tinii 
to  time,  upon  the  real  estate  and  personal  property  or 
natural  persons;  provided,  that  no  tax  shall  be  laid  upoi 
the  net  income  of  such  corporations. 

Franchise  tax  of  railroad  and  canal  companies.  §177. 
Each  such  railway  or  canal  corporation,  including  also  any 
such  as  is  exempt  from  taxation  as  to  its  works,  •visible 
property,  or  profits,  shall  also  pay  an  annual  State  fran- 
chise tax  equal  to  1  per  centum  upon  the  gross  recelpti) 
hereinafter  specified  in  §  178,  for  the  privileges  of  exer- 
cising Its  franchises  in  this  State,  which,  with  the  taxeii 
provided  for  in  §  176,  shall  be  in  lieu  of  all  other  taxes  or 
license  charges  whatsoever  upon  the  franchises  of  such 
corporation,  the  shares  of  stock  issued  by  it,  and  upon  Us 
property  assessed  under  §176;  provided,  that  nothing 
herein  contained  shall  exempt  such  corporation  from  the 
annual  fee  required  by  §  157  of  this  constitution,  or  from 


PtTBLic  Service  Laws 


1361 


assessments  for  street  and  other  public  local  improve- 
ments authorized  by  §170;  and  provided,  further,  that 
nothing  herein  contained  shall  annul  or  interfere  with,  or 
prevent  any  contract  or  agreement  by  ordinance  between 
street  railway  corporations  and  municipalities,  as  to  com- 
pensation for  the  use  of  the  streets  or  alleys  of  such 
municipalities  by  such  railway  corporations. 

Amount  and  ascertainment  of  such  franchise  tax.  §  178. 
The  amount  of  such  franchise  tax  shall  be  equal  to  1  per 
centum  of  the  gross  transportation  receipts  of  such  cor- 
porations for  the  year  ending  June  the  30th  of  each  year, 
to  be  ascertained  by  the  State  corporation  commission,  in 
the  following  manner: 

(a)  When  the  road  or  canal  of  the  corporation  lies 
wholly  within  this  State,  the  tax  shall  be  equal  to  1  per 
centum  of  the  entire  gross  transportation  receipts  of  such 
corporation. 

(b)  When  the  road  or  canal  of  the  corporation  lies 
partly  within  and  partly  without  this  State,  or  is  operated 
as  a  part  of  a  line  or  system  extending  beyond  this  State, 
the  tax  shall  be  equal  to  1  per  centum  of  the  gross  trans- 
portation receipts  earned  within  this  State,  to  be  deter- 
mined as  follows:  By  ascertaining  the  average  gross 
transportation  receipts  per  mile  over  its  whole  extent 
within  and  without  this  State,  and  multiplying  the  result 
by  the  number  of  miles  operated  within  this  State;  pro- 
vided, that  from  the  sum  so  ascertained  there  may  be  a 
reasonable  deduction  because  of  any  excess  of  value  of 
the  terminal  facilities  or  other  similar  advantages  in  other 
States  over  similar  facilities  or  advantages  in  this  State. 

Reports  of  corporations  to  corporation  commission. 
§179.  Each  corporation  mentioned  in  §S  176  and  177  shall 
annually,  on  the  first  day  of  September,  make  to  the  State 
corporation  commission  the  report  which  the  law,  in  force 
January  1,  1902,  required  to  be  made  annually  to  the  board 
of  public  works  by  every  railroad  and  canal  company  in 
this  State,  not  exempt  from  taxation  by  virtue  of  its 
charter,  which  report  shall  also  show  the  property  taxable 
in  this  State  belonging  to  the  corporation  on  the  30th  day 
of  June  preceding,  and  its  total  gross  transportation  re- 
ceipts for  the  year  ending  on  that  date.  Upon  receiving 
such  report  the  State  corporation  commission  shall,  after 
30  days'  notice  previously  given,  as  provided  by  said  law, 
assess  the  value  of  the  property  not  exempt  from  taxation, 
of  the  corporation,  and  ascertain  the  amount  of  the  fran- 
chise tax  and  other  State  taxes  chargeable  against  it.  All 
taxes  for  which  the  corporation  is  liable  shall  be  paid  on 
or  before  the  first  day  of  December  following.  The  pro- 
visions of  said  law,  except  as  changed  by  this  article, 
shall  apply  to  the  ascertainment  and  collection  of  the 
franchise,  as  well  as  other  taxes  of  such  corporations. 
Said  taxes,  until  paid,  shall  be  a  lien  upon  the  property 
within  this  State  of  the  corporation  "owning  the  same,  and 
take  precedence  of  all  other  liens  or  incumbrances. 

Application  hy  corporation  for  relief  from  assessment 
for  taxation — Proceedings  thereunder.  §  180.  Any  corpora- 
tion aggrieved  by  the  assessment  and  ascertainment  made 
under  §§  176  and  178  may,  within  30  days  after  receiving 
a  certified  copy  thereof,  apply  for  relief  to  the  Circuit 
Court  of  the  city  of  Richmond.  Notice  of  the  application, 
setting  forth  the  grounds  of  complaint,  verified  by  affidavit, 
shall  be  served  on  the  State  corporation  commission,  and 
on  the  attorney-genera),  whose  duty  it  shall  be  to  repre- 
sent the  State.  The  court,  if  of  opinion  that  the  assess- 
ment or  tax  is  excessive,  shall  reduce  the  same;  but,  if 
of  opinion  that  it  is  insufficient,  shall  increase  the  same. 
Unless  the  applicant  paid  the  taxes  under  protest,  when 
due,  the  court,  if  it  disallow  the  application,  shall  give 
judgment  against  it  for  a  sum,  by  way  of  damages,  equal 
to  interest  at  the  rate  of  1  per  centum  per  month  upon 
the  amount  of  taxes  from  the  time  the  same  were  payable. 
If  the  application  be  allowed,  in  whole  or  in  part,  appro- 
priate relief  shall  be  granted,  including  the  right  to  re- 
cover any  excess  of  taxes  that  may  have  been  paid,  with 
legal  interest  thereon,  and  costs,  from  the  State  or  local 
authorities,  or  both,  as  the  case  may  be;  the  judgment  to 
be  enforceable  by  mandamus  or  other  proper  process  issu- 
ing from  the  court  finally  adjudicating  the  application. 
Subject  to  the  provisions  of  article  6  of  this  constitution, 
the  supreme  court  of  appeals  may  allow  a  writ  of  error 
to  either  party. 

Taxation  of  corporations  as  stated  in  §§  176  to  180,  inclu- 
sive, to  remain  fixed  from  January  1,  1903,  to  January  1, 


1913,  and  thereafter  until  modified  by  general  assembly. 
§  181.  After  January  1,  1903,  the  system  of  taxation,  as  to 
the  corporations  mentioned  in  §§  176  and  177,  shall  be 
as  set  forth  in  §§  176  to  180,  inclusive;  and  for  that  year 
the  franchise  tax  shall  be  based  upon  such  gross  receipts 
for  the  year  ending  the  30th  day  of  June,  1903,  and  such 
system  shall  so  remain  until  the  1st  day  of  January,  1913, 
and  thereafter  until  modified  or  changed,  as  may  be  pre- 
scribed by  law;  provided,  that,  it  the  said  system  shall 
for  any  reason  become  inoperative,  the  general  assembly 
shall  have  power  to  adopt  some  other  system. 

Lending  of  credit  to,  or  subscription  to  stock  of,  corpora- 
tions or  persons  by  State,  county,  city  or  town  prohibited — • 
State  shall  become  interested  in  no  work  of  internal  im- 
provement except  public  roads — Exception  as  to  counties, 
cities  and  towns.  §  185.  Neither  the  credit  of  the  State, 
nor  of  any  county,  city  or  town,  shall  be,  directly  or 
indirectly,  under  any  device  or  pretense  whatsoever, 
granted  to  or  in  aid  of  any  person,  association  or  cor- 
poration; nor  shall  the  State,  or  any  county,  city  or 
town,  subscribe  to  or  become  interested  in  the  stock  or 
obligations  of  any  comi)any,  association  or  corporation, 
for  the  purpose  of  aiding  in  the  construction  or  main- 
tenance of  its  work;  nor  shall  the  State  become  a  party 
to  or  become  interested  in  any  work  of  internal  im- 
provement, except  public  roads,  or  engaged  in  carrying 
on  any  such  work;  nor  assume  any  indebtedness  of 
any  county,  city  or  town,  nor  lend  its  credit  to  the 
same;  but  this  section  shall  not  prevent  a  county,  city 
or  town  from  perfecting  a  subscription  to  the  capital 
stock  of  a  railroad  company  authorized  by  existing 
charter  conditioned  upon  the  affirmative  vote  of  the 
voters  and  freeholders  of  such  county,  city  or  town  in 
favor  of  such  subscription;  provided,  that  such  vote  be 
had    prior   to   July    1,    1903. 

Limit  of  tax  or  revenue.  §  188.  No  other  or  greater 
amount  of  tax  or  revenue  shall,  at  any  time,  be  levied 
than  may  be  required  for  the  necessary  expenses  of  the 
government,  or  to  pay  the  indebtedness  of  the  State. 

STATUTE  LAW. 

STATE  COKPOR.VTION   COMMISSION. 

(Section   1313a,  Pollard's  Code  1904.) 

A.\  Act  to  put  into  effective  operation  the  provision  of  the 
constitution  relating  to  the  creation,  appointment 
and  organization  of  the  "State  corporation  commis- 
sion," its  jurisdiction,  powers,  functions  and  duties; 
the  qualifications  of  the  members  and  officers  there- 
of, their  appointment  and  salaries;  the  location  of 
its  offices,  and  places  and  times  of  its  public  ses- 
sions; its  writs,  processes,  orders,  findings  and 
judgments;  appeals  from  its  orders,  findings  and 
judgments,   and   its   expenses,  etc. 

Approved  April  15,  1903. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

Meaning  of  the  terms  corporations,  company,  charter, 
transportation  company,  transmission  company,  public  serv- 
ice corporation,  person,  the  commission,  officers,  etc.  §  1313a. 
§  1.  That  as  used  in  this  Act  the  term  "corporation"  or 
"company"  shall  include  all  corporations  chartered  by  the 
/  cts  of  the  general  asembly  of  Virginia,  or  under  the  gen- 
eral incorporation  laws  of  this  State,  or  doing  business 
therein,  and  all  trusts,  associations  and  joint  stock  com- 
panies, having  any  powers  or  privileges  not  possessed  by  in- 
dividuals or  unlimited  partnerships,  and  shall  exclude 
all  municipal  corporations  and  public  institutions  owned 
or  controlled  by  the  State;  the  term  "charter"  shall  be 
construed  to  mean  a  charter  of  incorporation  by  or  under 
which  any  such  corporation  is  formed;  the  term  "trans- 
portation company"  shall  include  any  company,  trustee 
or  other  person  owning,  leasing  or  operating  for  hire,  a 
railroad,  street  railway,  canal,  steamboat,  or  steamship 
lines,  also  any  freight  car  company,  car  association  or 
car  trust,  express  company,  or  company,  trustee  or  per- 
son in  any  way  engaged  in  business  as  a  common  car- 
rier over  a  route  acquired,  in  whole  or  in  part,  under 
the  right  of  eminent  domain;  the  term  "transmission 
company"  shall  include  any  company  owning,  leasing 
or  operating  for  hire  any  telegraph  or  telephone  line; 
the  term  "public  service  corporation"  shall  include  all 
transportation  and  transmission  companies,  all  gas,  elec- 
tric   light,    heat   and    power    companies,    and    all    persons 


I3(i-i 


National  Association  of  Railway  Commissioners 


authorized  to  exercise  the  right  of  eminent  domain,  or 
to  use  or  occupy  any  street,  alley  or  public  highway, 
whether  along,  over  or  under  the  same,  in  a  manner 
not  permitted  to  the  general  public;  the  term  "person" 
as  used  in  this  Act  shall  include  individuals,  partnerships 
and  corporations,  in  the  singular  as  well  as  in  the 
plural  number;  the  term  "the  commission"  shall  be 
construed  to  mean  the  "State  corporation  commission," 
and  the  word  "officers,"  when  used  in  connection  with 
said  commission,  shall  be  construed  to  mean  any  clerk, 
bailiff,  assistant  or  other  appointee  of  the  State  corpora- 
tion  commission. 

Appointment  of  members  of  corporation  commission — 
Terms — Commission.  §  1313a.  §  2.  That  the  governor  shall, 
at  least  15  days  before .  the  first  day  of  February,  1904, 
and  at  least  15  days  before  the  first  day  of  February  in 
each  alternate  year  thereafter,  appoint,  subject  to  the 
confirmation  of  the  general  assembly,  in  joint  session, 
a  citizen  of  this  State,  possessing  the  qualifications  pre- 
scribed by  the  constitution  and  by  law  to  be  a  member 
of  the  "State  corporation  commission"  (which  shall  be 
composed  of  three  members),  and  whose  term  of  office 
shall  be  that  prescribed  by  the  constitution,  and  shall 
begin  on  the  first  day  of  February  next  succeeding  his 
appointment  and  confirmation,  except  in  the  case  of  an 
appointee  to  fill  a  vacancy,  or  where  the  general  as- 
sembly fails  to  confirm  an  appointee  to  a  full  term  of 
office  before  the  date  fixed  by  law  for  the  commence- 
ment of  his  said  term  of  office;  in  either  case  the  term 
of  office  of  any  such  appointee  shall  begin  from  the  date 
of  his  qualification,  and  shall  be  for  the  unexpired 
portion  of  the  term  of  office  to  which  he  shall  be  so 
appointed  and  confirmed.  The  members  of  the  com- 
mission first  appointed  and  confirmed,  and  those  here- 
after appointed  and  confirmed,  shall  hold  office  for  the 
respective  terms  for  which  they  have  been,  or  may 
hereafter  be,  appointed,  and  until  their  respective  suc- 
cessors in  office  have  been  appointed,  confirmed  and 
qualified,  unless  they  shall  sooner  be  removed  from 
office  as  prescribed  by  the  constitution  or  by  law.  The 
governor  shall  commission  each  of  the  members  of  the 
commission,  and  said  commission  shall  be  filed  by  the 
members  in  the  office  of  the  clerk  of  the  commission. 

Who  eligible  to  serve  as  a  member  of  the  commission — 
Qualifications,  etc.  §  1313a.  §  3.  That  no  person  shall  be 
eligible  to  serve  as  a  member  of  the  State  corporation 
commission  who,  on  the  date  of  the  commencement  of 
his  term  of  office,  shall  be  employed  by  or  hold  any 
office  in  relation  to  any  transportation  or  transmission 
company,  or  is  in  any  way  financially  interested  therein. 
or  is  engaged  in  the  practice  of  law;  nor  shall  any  per- 
son be  eligible  to  appointment  as  a  member  of  the  com- 
mission unless  at  the  time  of  his  appointment  he  is  a 
qualified  voter  under  the  constitution  and  laws  of  this 
State.  One  of  the  commissioners  shall  have  the  qualifi- 
cations prescribed  for  judges  of  the  Supreme  Court  of 
Appeals. 

Oath  of  office.  §  1313a.  §  4.  That  the  members  of  the 
commission  and  the  officers  thereof,  for  whose  appointment 
provision  is  made  either  by  the  constitution  or  by  law, 
before  entering  upon  the  discharge  of  the  duties  of  their 
respective  offices,  shall.  In  addition  to  the  oath  prescribed 
by  §  34  of  the  constitution,  severally  take  and  subscribe  the 
following  oath,  to  wit: 


"I, 


-,  do  solemnly  swear  (or  affirm)  that  at  the 


present  time  I  am  not  employed  by  and  do  not  hold  any 
office  in  relation  to  any  transportation  or  transmission  com- 
pany, and  have  not  in  anywise  any  financial  interest  in 
any  such  company;  and  am  not  engaged  in  the  practice  of 

law,  and  that  during  the  term  of  my  office  as I  will 

not,  either  directly  or  indirectly,  be  employed  by  or  hold 
any  office  in  relation  to  any  transportation  or  transmission 
company,  or  in  anywise  be  financially  interested  In  any 
such  company  or  be  engaged  in  the  practice  of  law,  so  help 
me  God." 

But  the  said  additional  oath  shall  be  taken  and  sub- 
scribed by  the  first  members  of  the  commission  and  by  the 
officers  thereof  as  soon  as  practicable  after  the  passage  of 
this  Act. 

The  oaths  prescribed  by  the  constitution  and  this  Act 
may  be  taken  and  subscribed  before  any  officer  authorized 
by  the  laws  of  this  State  to  administer  oaths,  and  shall  be 
certified  by  such  officer  and  recorded  on  the  minutes  of  the 
proceedings  of  the  commission,  and  then  returned  by  its 


clerk  as  required  by  law  as  to  the  oaths  of  other  State 
officers. 

Offices  of  commission  to  be  located  in  the  city  of  Rich- 
mond— Where  notice,  writ  or  process  to  be  returnable — 
When  public  sessions  may  he  held  elsewhere.  §  1313a.  §  5. 
That  the  offices  of  the  commission  shall  be  located,  and  its 
public  sessions  held,  in  the  city  of  Richmond,  and  all 
notices,  writs  and  processes  Issued  by  the  commission  shall 
be  made  returnable  lo,  and  command  the  corporation  or 
person  against  whom  directed  to  appear  before  the  commis- 
sion and  answer  on  a  certain  day  to  be  named  therein; 
provided,  however,  the  commission  may,  in  its  discretion, 
if  public  necessity  or  the  convenience  of  the  parties  require, 
hold  public  sessions  elsewhere  in  the  State,  and  may  order 
any  notice,  writ  or  process  to  be  made  returnable  to  the 
place  of  any  such  session;  and  for  the  holding  of  any  such 
session  the  commission  may  occupy  the  court  room  of  the 
courthouse  of  the  city  or  county  wherein  such  session  may 
be  held  if  said  court  room  shall  not  at  the  time  be  in  use 
for  the  sessions  of  the  court  of  any  such  city  or  county. 

Offices.  §  1313a.  §  6.  That  the  rooms  in  the  State  library 
building  now  occupied  as  offices  by  the  railroad  commis- 
sioner shall  be  the  offices  of  the  commission,  its  clerk, 
bailiff,  assistants  and  subordinates  until  otherwise  provided 
by  law,  and  the  register  of  the  land  office  is  hereby  directed 
to  have  the  said  rooms  fitted  up  in  a  suitable  manner  for 
the  use  and  occupation  of  the  commission  and  its  office's. 
And  the  sum  of  $500,  or  so  much  thereof  as  may  be  neciis- 
sary,  is  hereby  appropriated  for  that  purpose  out  of  Kiy 
moneys  in  the  treasury  not  otherwise  appropriated. 

Clerk,  assistant  clerk,  bailiff,  stenographer,  etc. — Quali- 
fications and  term.  §  1313a.  §  7.  That  the  commission  shiill 
have  a  clerk,  a  first  assistant  clerk,  a  bailiff  and  a  stencg- 
rapher  (who  shall  also  be  a  typewriter),  each  of  whom  shi.ll 
have  the  qualifications  for  office,  be  clothed  with  the  powi  r, 
discharge  the  functions  and  perform  all  the  duties  herein- 
after prescribed,  and  such  other  duties  as  may  be  prescrib  !d 
or  required  by  the  commission,  and  all  of  whom  shall  )e 
appointed  by  the  commission,  and  whose  respective  ten  is 
of  office  shall  be  as  prescribed  by  the  commission,  and  th  '.y 
shall  be  subject  to  removal  by  the  commission  as  hereia- 
after  in  this  Act  provided.  The  officers  so  appointed  shi  II 
hold  office  until  their  successors  have  been  appointed,  qua  :i- 
fied  and  given  bond  as  required  by  law,  unless  they  shi  11 
sooner  be  removed  from  office,  as  hereinafter  provided. 

Officers  to  be  residents  of  the  State  and  qualified  vote.  s. 
§  1313a.  §  8.  That  the  officers  of  the  commission  shall  it 
the  time  of  their  appointment  be  actual  residents  of  tl  is 
State,  and  qualified  voters  therein,  under  the  constituti  in 
and  laws  thereof. 

The  first  members  of  the  commission  to  meet,  organi;  e, 
appoint  clerical  force,  etc. — When  the  commission  to  ie 
vested  with  powers  and  functions  of  office.  §  1313a.  §9.  That 
the  persons  appointed,  confirmed  and  commissioned  to  je 
the  first  members  of  the  commission  under  the  provisio  is 
of  §  155  of  the  constitution  shall,  as  soon  as  practicab  e, 
meet  in  the  office  now  used  by  the  railroad  commissioner 
and  organize  by  taking  and  subscribing  the  oaths  of  office 
prescribed  by  the  constitution  and  by  this  Act,  and  el(  ct 
one  of  their  number  as  chairman  of  the  commission,  appoint 
a.  clerk,  a  first  assistant  clerk,  a  bailiff  and  a  stenographtr; 
and  when  organized  the  commission  shall  have  all  the  pow- 
ers, discharge  all  the  functions  and  perform  all  the  dutes 
prescribed  by  the  constitution  and  by  law. 

When  office  to  become  vacant — How  vacancies  fUld. 
§  1313a.  §  10.  That  if  any  person  heretofore  or  hereafi  er 
appointed  and  confirmed  to  be  a  member  of  the  commission, 
or  if  any  person  appointed  an  officer  of  the  commission, 
shall  fail  to  qualify  as  required  by  the  constitution  or  by 
law,  or  to  give  any  bond  required  by  law  of  any  such  offi<:er 
within  30  days  after  the  date  fixed  by  the  constitution  or 
by  law,  as  the  commencement  of  the  term  of  office  to  which 
he  shall  be  appointed,  then  such  office  shall,  because  of  svch 
failure  to  qualify  or  to  give  any  required  bond  within  the 
time  aforesaid,  become  vacant,  and  such  vacancy  shall,  in 
the  case  of  members  of  the  commission,  be  filled  as  pre- 
scribed by  §  155  of  the  constitution,  and  in  the  case  of 
officers  and  appointees  of  the  commission  be  filled  by  ap- 
pointment of  the  commission. 

Duties  of  clerk,  records,  certified  copies  same  legal  effect. 
§  1313a.  §  11.  That  the  clerk  of  the  commission  shall  keep 
a  minute  book  in  which  shall  be  recorded  all  the  proceed- 
ings, orders,  findings  and  judgments  of  the  public  sessions 


PuBuo  Service  Laws 


1363 


of  the  commission,  and  the  minutes  of  the  proceedings  of 
each  day's  public  session  shall  be  read  and  approved  by  the 
commission  and  signed  by  its  chairman  or  acting  chairman; 
he  shall,  subject  to  the  supervision  and  control  of  the  com- 
mission, have  custody  of  and  preserve  all  of  the  records, 
documents,   papers  and  files  of  the  commission,   or  which 
may  be  filed  before  it  in  any  complaint,  proceeding,  contest 
or  controversy,   and   said   records,   documents,   papers   and 
flies  shall  be  open  to  public  examination  in  the  office  of 
said  clerk  to  the  same  extent  as  the  records  and  files  of 
the  courts  of  this  commonwealth;  he  shall,  when  requested, 
make  and  certify  copies  from  any  record,  document,  paper 
or  file  In  his  office,  and,  if  required,  affix  the  seal  of  the 
commission  thereto,  and  except  when  made  at  the  instance 
of  the  commission  or  on  behalf  of  the  commonwealth  he 
shall  charge  and  collect  the  same  fees  as  are  fixed  by  law 
for  like  services  rendered  by  the  clerks  of  the  courts  of 
this  commonwealth,  and  any  such  copy,  so  certified,  shall 
have  the  same  faith,  credit  and  legal  effect  as  copies  made 
and  certified  by  the  clerks  of  the  courts  of  this  common- 
wealth from  the  records  and  files  thereof;   he  shall  certify 
all  allowances  made  by  the  commission  to  be  paid  out  of 
the  public  treasury  for  witness  fees,  service  of  process,  or 
other  expenses;  issue  all  notices,  writs,  processes  or  orders 
awarded  by  the  commission  or  authorized  by  law  or  by  the 
rules  of  the  commission;  he  shall  receive  all  fines  and  pen- 
alties imposed  by  the  commission,  all  moneys  collected  on 
judgments,  all  registration  fees  required  by  law  to  be  paid 
by  corporations,  all  fees  collected  by  any  officer  of  the  com- 
mission, and  the  tax  on  the  seal  of  the  commission,  and 
shall  keep  an  accurate  account  of  the  same  and  what  dis- 
position has  been  made  thereof,  together  with  all  fees  col- 
lected by  him  for  services  rendered,  either  by  him  or  his 
assistants,  and  shall,  at  least  once  in  every  30  days  during  ■ 
his  term  of  office,  render  a  statement  of  all  such  receipts 
and  collections  to  the  auditor  of  public  .iccounts,  and  pay 
the. same  into  the  treasury  of  the  commonwealth,  and  shall 
keep  all  such  other  accounts  of  such  collections  and  dis- 
bursements, and  shall  make  all  such  other  reports  thereof 
as  may  be  required  by  law  or  by  the  regulations  prescribed 
by  the  auditor  of  public  accounts;  and  generally  shall  have 
the  powers,  discharge  the  functions  and  perform  the  duties 
of  a  clerk  of  a  court  of  record  in  all  matters  within  the 
jurisdiction  of  the  commission. 

Duties  and  powers  of  first  assistant  clerk.  §  1313a.  §  12. 
That  the  first  assistant  clerk  of  the  commission  shall  have 
the  powers,  discharge  the  functions  and  perform  the  duties 
in  all  matters  within  the  jurisdiction  of  the  commission  of 
a  deputy  clerk  of  a  court  of  record,  and  shall  perform  as 
well  the  duties  of  the  clerk  of  the  commission  during  the 
absence  of  said  clerk,  and  in  case  of  the  death,  resignation. 
Incapacity  or  removal  from  office  of  the  clerk,  he  shall  be 
the  acting  clerk  of  the  commission  until  the  vacancy  in  the 
office  of  clerk  shall  be  filled. 

Duties  and  poioers  of  the  bailiff.  §  1313a.  §  13.  That  the 
bailiff  of  the  commission  shall,  in  all  matters  within  the 
jurisdiction  of  the  commission,  have  the  powers,  discharge 
the  functions  and  perform  the  duties  of  a  sheriff  or  sergeant 
under  the  law;  he  shall  preserve  order  during  the  public 
sessions  of  the  commission,  and  may  make  arrests  and 
serve  and  make  return  on  any  writ  or  process  awarded  by 
the  commission,  and  execute  any  writ,  order  or  process  of 
execution  awarded  upon  the  findings  or  judgments  of  the 
commission  in  any  matter  within  its  jurisdiction. 

Duties  of  the  stenographer,  etc.  g  1313a.  §  14.  The 
stenographer  and  other  assistants  and  subordinates  of  the 
Bommlssion  shall  perform  the  duties  required  of  them  by 
law  or  by  the  commission,  under  its  rules,  regulations  and 
requirements. 

The  commission  to  require  its  officers  to  enter  into  bond 
—Amount,  conditions  and  recordation  of  same.  §  1313a.  §  15. 
rhe  commission  shall  require  Its  clerk,  first  assistant  clerk 
md  bailiff,  before  entering  upon  the  discharge  of  the  duties 
>f  their  respective  offices,  each  to  enter  into  bond,  with 
lurety  to  be  approved  by  the  commission,  in  such  penalty 
IS  the  comtaisslon  may  deem  sufficient  (not  in  any  case 
ess  than  $5,000),  conditioned  for  the  faithful  performance 
)f  the  duties  of  their  respective  offices,  and  for  the  prompt 
md  full  accounting  for  and  payment  into  the  treasury  of 
ill  moneys  received  by  them,  respectively,  as  officers  of 
;he  commission.  Such  security  may  be  given  either  by 
I  guaranty  or  trust  company,  the  cost  thereof  shall  be 
paid  by  the  commonwealth;  provided,  that  the  charge 
made  by  such  guaranty  or  trust  company  for  becoming 


such  surety  shall  be  approved  by  the  commission  as  a 
fair  and  reasonable  charge.  The  said  bonds  shall  be  made 
payable  to  the  commonwealth,  and  may  be  proceeded  on 
and  enforced  in  any  circuit  or  corporation  court  in  like 
manner  as  the  official  bonds  of  other  officers  of  this  com- 
monwealth or  its  courts.  Said  bonds  shall  be  recorded  in 
the  records  of  the  proceedings  of  the  commission,  and  the 
original  bonds  transmitted  by  its  clerk  to  the  auditor  of 
public  accounts,  who  shall  file  and  preserve  the  same  in 
his  office.     (1908,  p.  127.    In  force  June  26,  1908.) 

Poicers  of  the  commission.  §  1313a.  §  16.  The  commis- 
sion shall  have  power  and  authority  to  require,  by  its 
rules,  regulations  and  requirements,  all  corporations  char- 
tered under  the  laws  of  this  State,  and  all  foreign  corpora- 
tions, doing  business  in  this  State,  to  perform  and  dis- 
charge any  public  duty  or  requirement  imposed  upon  such 
corporations  by  the  constitution,  or  by  law,  and  may  re- 
quire all  such  corporations  to  furnish  such  reports  to  the 
commission  as  may  be  provided  by  the  constitution,  or 
by  law,  and  the  commission  may  enforce  against  any  such 
corporation,  by  its  judgments  and  processes,  any  fine  or 
other  penalty  imposed  by  law  for  the  failure  of  any  such 
corporation  to  perform  any  public  duty  required  of  it,  or  to 
comply  with  any  requirement  of  law,  or  any  lawful  regu- 
lation of  the  commission  in  reference  to  the  same.  The 
commission  may  require  the  establishment  by  transporta- 
tion companies  of  separate  waiting  rooms  at  all  stations, 
wharves,  or  landings  for  the  white  and  colored  races. 

Duties  of  the  commission  with  respect  to  transportation 
companies,  etc.  §  1313a.  §  17.  It  shall  be  the  duty  of  the 
commission  to  make  inquiry  and  examination  from  time  to 
time  into  the  acts  and  proceedings  of  railroad,  canal, 
steamboat,  steamship,  or  other  transportation  companies, 
and  other  chartered  common  carriers  and  transmission 
companies,  doing  business  in  this  State,  their  officers  and 
agents,  for  the  purpose  of  ascertaining  whether  anything 
has  been  done  or  omitted  in  violation  or  contravention  of 
their  charters,  or  of  the  law. 

The  commission  to  examine  all  railroads,  etc.  §  1313a. 
§  18.  The  commission  shall  examine  all  the  railroads  and 
the  works  and  equipment  thereof,  and  the  works  and 
equipment  of  all  other  transportation  companies,  and  keep 
itself  informed  as  to  their  physical  condition  and  the  man- 
ner in  which  they  are  operating  with  reference  to  the  se- 
curity and  accommodation  of  the  public,  and  the  compli- 
ance of  the  several  companies  with  the  provisions  of  their 
charters  and  the  laws  of  the  commonwealth.  And  the 
provisions  of  this  section  shall  apply  to  all  railroads  and 
other  transportation  companies,  and  to  the  corporations, 
trustees,  receivers,  or  other  person  owning  or  operating 
the  same. 

The  commission  to  give  notice  to  transportation  or  trans- 
mission company  of  violation  of  law  and  compel  compliance 
with  same.  §  1313a.  §  19.  Whenever,  in  the  judgment  of 
the  commission,  it  shall  appear  that  any  transportation 
or  transmission  company  has  violated  any  law  of  this 
State,  or  has  neglected  in  any  respect  or  particular  to 
comply  with  the  terms  of  its  charter,  or  with  the  provision 
of  any  of  the  laws  of  the  commonwealth,  it  shall  give 
notice  thereof  in  writing  to  such  company  or  the  person 
operating  the  same;  and  if  the  violation  or  neglect  be 
continued  after  such  notice,  the  commission  shall  take 
such  proceedings  and  impose  such  fines  or  penalties  within 
its  jurisdiction  as  shall  be  necessary  to  compel  such  trans- 
portation or  transmission  company  to  comply  with  the 
terms  of  its  charter  and  the  provisions  of  the  laws  of  the 
commonwealth. 

The  commission  to  compel  railroad  to  make  repairs 
when  necessary — Notice — Railroad  may  be  heard  thereon — 
Penalty.  §  1313a.  §  20.  Whenever,  in  the  judgment  of  the 
commission,  it  shall  appear  that  repairs  are  necessary  upon 
any  railroad,  or  that  any  addition  to  its  rolling  stock,  or 
addition  or  improvement  in  the  equipment  of  any  other 
transportation  line,  or  any  enlargement  of  or  improvement 
in  the  stations  or  station  houses,  waiting  rooms,  wharves 
or  landings,  or  any  change  in  the  mode  of  operating  the 
road,  or  other  transportation  line,  and  conducting  its  busi- 
ness, is  reasonable  and  expedient  in  order  to  promote  the 
security  and  accommodation  of  the  public,  it  shall  give 
10  days'  notice  in  writing  to  the  company  or  person  oper- 
ating the  road,  or  other  transportation  line,  of  the  im- 
provements and  changes  which  it  adjudges  to  be  proper, 
designating  when  and  where  the  contemplated  action  in 


1364 


National  Association  of  Railway  Commissionebs 


the  premises  will  be  considered  and  disposed  of,  and  such 
company  or  person  shall  be  afforded  a  reasonable  oppor- 
tunity to  introduce  witnesses  and  to  be  heard  thereon,  and 
any  such  company  or  person  failing  or  refusing  to  obey 
any  valid  order  or  requirement  of  the  commission  in  the 
premises  within  such  reasonable  time,  not  less  than  10 
days,  as  shall  be  fixed  in  the  order  of  the  commission,  it 
may  impose  upon  any  such  company  or  person  the  fines 
and  penalties  prescribed  by  the  constitution  and  by  law 
for  its  or  his  failure  to  obey  the  orders  and  requirements 
of  the  commission  and  the  requirements  of  the  law,  and 
enforce  the  payment  and  collection  thereof  by  its  judg- 
ments and  processes. 

When  commission  to  make  an  examination  of  road — 
Notice — Fines — How  same  may  be  enforced.  §  1313a.  §  21. 
Upon  the  complaint  and  application  of  the  mayor  or  coun- 
cil of  any  city  or  town,  or  the  board  of  supervisors  of  any 
'bounty  within  which  any  part  of  any  transportation  or 
transmission  line  is  located,  it  shall  be  the  duty  of  the 
commission  to  make  an  examination  of  the  physical  con- 
dition and  operation  thereof.  Before  proceeding  to  make 
such  examination  in  accordance  with  such  application,  the 
commission  shall  give  to  the  applicants  and  the  corpora- 
tion or  person  operating  any  such  line  reasonable  notice 
in  writing,  of  the  time  and  place  of  entering  upon  the 
same.  If  upon  such  examination  it  shall  appear  to  the 
commission  that  the  complaint  alleged  by  the  applicant 
Is  well  founded,  it  shall  so  adjudge  and  shall  notify  such 
corporation  or  person  of  its  adjudication;  and  if  such 
corporation  or  person  fail  for  60  days  after  such  notifica- 
tion to  remove  the  cause  of  complaint,  the  commission 
shall  impose  the  fines  and  penalties  provided  by  the  con- 
stitution and  by  law  for  its  failure  to  obey  the  orders  and 
requirements  of  the  commission,  and  enforce  the  collection 
thereof  by  its  judgments  and  processes. 

Commonwealth  to  be  complainant,  etc.  §  1313a.  §  22. 
That  in  all  complaints,  proceedings,  contests  or  contro- 
versies by  or  before  the  commission,  whether  instituted  by 
the  commonwealth  or  by  the  commission  of  its  own  mo- 
tion, the  commonwealth  shall  be  complainant,  and  the 
party  against  whom  the  complaint  is  preferred,  or  the  pro- 
ceeding instituted,  shall  be  the  defendant.  Any  party  com- 
plainant or  defendant  in  any  complaint,  proceeding,  con- 
test or  controversy  shall  be  entitled  to  process,  to  con- 
vene parties,  compel  the  attendance  of  witnesses,  or  the 
production  of  books  and  papers,  in  any  proceeding  or  hear- 
ing before  the  commission. 

Proceedings  to  be  as  in  courts  of  record.  §  1313a.  §  23. 
That  the  commission,  on  hearing  of  all  complaints,  pro- 
ceedings, contests  or  controversies,  in  which  it  shall  be 
called  upon  to  decide  or  render  judgment  in  its  capacity 
as  a  court  of  record,  shall  observe  and  administer  the 
common  and  statute  law  rules  of  evidence  as  observed 
and  administered  by  the  courts  of  this  commonwealth,  in 
like  manner  as  complainants  and  defendants  in  the  courts 
of  this  commonwealth. 

Perjury.  §  1313a.  §  24.  That  any  person  who  shall  wil- 
fully swear  falsely  touching  any  material  fact  or  matter 
In  any  complaint,  proceeding,  investigation,  contest  or 
controversy  instituted  or  pending  before  the  commission, 
shall  be  deemed  guilty  of  perjury. 

The  commission  to  cause  its  rules  of  procedure,  etc.,  to 
be  entered  of  record  and  printed — Distribution  of  copies. 
S  1313a.  §  25.  That  the  commission  shall  cause  Its  rules 
of  order  and  procedure  to  be  entered  upon  the  'records  of 
its  proceedings  and  to  be  printed,  as  well  as  all  amend- 
ments and  additions  to  the  same,  and  shall  furnish  copies 
thereof  to  county  and  city  clerks  and  to  any  citizen  of 
this  State  upon  application  therefor. 

The  commission  to  summon  party  before  it  before  impos- 
ing fine  or  penalty — Contempts — Notice  to  be  given  as  to 
rules  or  orders  directed  against  one  or  m.ore  companies — 
General  order,  rule,  etc.,  to  be  published — Suspension  of 
order  during  appeal — Penalties.  §  1313a.  §  26.  That  the 
commission,  before  entering  any  judgment  for  any  fine  or 
penalty  imposed  by  law,  shall  summon  or  rule  the  party 
upon  whom  such  fine  or  penalty  is  sought  to  be  imposed 
to  appear  before  the  commission  at  some  public  session' 
to  be  designated  in  the  process,  to  show  cause  against 
such  fine  or  penalty,  and  why  the  same  should  not  be  im- 
posed and  judgment  rendered  therefor;  provided,  that 
the    provisions    of    this    section    shall    not    apply    to    con- 


tempts   committed    in    the    presence    of    the    commissioa 
while  in  public  session ;   and  before  the  commission  shall 
make  any  order,  rule,  regulation  or  requirement  directed 
against   any   one   or   more  companies   by   name,   the   com- 
pany  or   companies    to   be   affected    by   such    order,    rule, 
regulation    or    requirement    shall    first    be    given    by    the 
commission    at    least    10    days'    notice    of    the    time    and 
place    when    and    where   the    contemplated    action    of   the 
commission   in   the   premises   will  be   considered  and  dis- 
posed oT,  and  shall  be  afforded  a  reasonable  opportunity 
to   introduce   evidence   and   to   be   heard   thereon,   to   the 
end   that  justice   may   be   done;    and   before   the   commis- 
sion   shall    make    or    prescribe    any    general    order,    rule, 
regulation     or     requirement,     not     directed     against     any 
specific    company    or    companies    by    name,    the    contem- 
plated general  order,  rule,  regulation  or  requirement  shall 
first    be    published    in    substance,    not    less    than    once    a 
week  for  four  consecutive  weeks,  in  one  or   more  news- 
papers   of    general    circulation    published    in    the    city    of 
Richmond,    Virginia,    together    with    notice    of    the    time 
and    place    when    and    where    the    commission    will    hear 
any    objections     which    may    be    urged    by    any    person 
interested,    against    the    proposed    order,    rule,    regulation 
or    requirement;    and    every    such    general    order,    r\ile, 
regulation  or  requirement  made  by  the  commission  si  all 
be   published  at  length   for   the   time  and   in   the   man  ler 
above   specified   before   it   shall   go   into   effect,   and   si  all 
also,    as    long   as    it    remains    in    effect,    be    published    in 
each    subsequent    report    of    the    commission.      Any    (or- 
poration    failing  or   refusing   to  obey   any   valid   order  ot 
requirement    of    the    commission    within    such    reasonable 
time,    not    less    than    10    days,    as    shall    be    fixed    in     h€ 
order,    may    be   fined    by   the   commission   such    sum,     lot 
exceeding    J500,    as    the    commission    may    deem    proi  er 
or  in  such  sum   in   excess  of  ?500,  as  may  be  prescri'ied 
or    authorized    by    law;    and    each    day's    continuance    o\ 
such   failure  or   refusal   after  due   service  upon  such   ( or 
poration   of  the  order  or  requirement  of  the  commiss  or 
shall    be    a    separate    offense;    provided,    that   should     he 
operation    of    such    order    or    requirement    be    suspem.e^ 
pending    an    appeal    therefrom,    the    period    of    such    i  us 
pension   shall    not   be   computed   against   the   company   ir 
the    matter    of    its    liability    to    fines    or    penalties;     i  ro 
vided,    further,    that    the    power    of    the    commission    t< 
impose    the    penalties    prescribed    by    the   constitution,    oi 
by  the  law,  for  the  failure  or  refusal  of  any  corporal  oi 
to  obey  its   valid   orders  and   requirements,   shall  not  hi 
construed    to    relieve    any    company   or    corporation    fi  on 
the    penalties    now    prescribed    or    hereafter    to    he    :  re 
scribed    by    law    for    the    failure    or   refusal    ot   any    s  icl 
company   or   corporation    to   perform   any   public   duty   o; 
requirement   prescribed,   or   which   may   be   prescribed   b; 
any   law   of   this   State,   but   that  such   penalties   i>iay   bi 
enforced   by  the  commission   in  addition  to  the  panal  iei 
authorized  to  be  imposed  by  the  constitution  and  by    a^ 
for   failure  or  refusal   to   obey   any   of  its  valid   order   o: 
requirements. 

Powers  of  the  commission  loith  respect  to  rendering  iiu 
enforcing  judgments,  penalties,  etc.  —  Collection  ani  i  'at 
ment  of  same  into  the  treasury.  §  1313a.  §27.  The  com 
mission  shall  have  power  and  authority  in  all  mat  ec 
of  which  it  has  jurisdiction  under  the  constitution,  o 
the  laws  of  this  commonwealth,  to  render  and  e  ite 
up  judgment  for  fines  and  penalties,  or  for  the  reco^  er: 
of  money,  in  any  complaint,  proceeding,  contest  or  'oi 
troversy,  whether  instituted  of  its  own  motion  or  ot  lei 
wise,  and  to  issue  process  of  execution  thereon,  w  lic! 
may  be  levied  and  executed  in  like  manner  as  execi 
tions  awarded  and  issued  upon  the  judgments  or  dec  ee 
of  the  courts  of  law  or  equity  of  this  commonweiiltl 
Ail  judgments  ot  the  commission  for  fines  or  penal tiei 
for  contempt,  or  for  the  violation  of  any  provision  c 
the  constitution,  or  the  laws  of  this  State,  or  for  th 
failure  or  refusal  of  any  corporation  to  obey  and  obs  ^rv 
the  lawful  rules,  regulations  or  orders  of  the  com  mil 
sion,  shall  be  entered  up  in  favor  ot  the  conimonwe  Utl 
and  when  collected  shall  be  paid  by  the  clerk  of  th 
commission  into  the  treasury,  as  hereinbefore  provide< 
The  commission  to  have  power  to  punish  for  contcmf 
by  fine  or  imprisonment,  et6.,  to  the  same  extent  and  mat 
ner  as  courts — Commitment  to  jail,  etc. — Writ  of  erroi 
§  1313a.  §  28.  The  commission  shall  have  power  and  juri 
diction  possessed  and  exercised  under  the  law  by  th 
courts    of   record    of    this    commonwealth    to    punish    fc 


Public  Service  Laws 


1365 


contempt  by  fine  or  imprisonment,  or  by  both,  any  per- 
son duly  summoned  to  appear  and  testify  before  the 
commission  who  shall  fail  or  refuse  to  appear  and  testify, 
without  a  lawful  excuse,  or  who  shall  refuse  to  answer 
any  proper  question  propounded  to  him  by  the  com- 
mission in  the  discharge  of  its  duty  or  who  shall  con- 
duct himself  in  a  rude,  disrespectful  or  disorderly  man- 
ner before  the  commission,  or  any  of  them,  deliberating 
in  the  discharge  of  duty  in  public  session,  and  may, 
for  any  such  contempt,  impose  the  same  penalties,  either 
by  fine  or  imprisonment,  or  by  both,  and  render  and 
enter  up  judgment  in  any  such  proceeding  and  enforce 
the  same  by  process  of  execution  or  by  commitment  to 
jail,  or  by  both,  in  the  same  manner  and  by  like  process 
and  proceedings,  and  to  the  same  extent,  as  may  by  law 
be  done  by  any  of  the  courts  of  this  commonwealth. 
The  commission  may  commit  any  person  adjudged  by  it 
guilty  of  contempt  to  the  jail  of  any  city  or  county  in 
the  commonwealth,  and  the  jailer  thereof  shall  receive 
such  person  upon  the  commitment  of  the  commission, 
attested  by  its  clerk,  first  assistant  clerk  or  acting  clerk, 
and  confine  such  person  in  the  jail  of  his  city  or  county, 
as  the  case  may  be,  for  the  term  of  imprisonment 
specified  in  the  commitment,  unless  sooner  discharged 
therefrom  by  due  process  of  law.  The  said  jailer  shall 
receive  for  the  board  of  any  person  so  committed  the 
same  allowance  made  by  law  for  other  persons  confined 
itt  such  jail,  which  shall  be  paid  out  of  the  public 
treasury  upon  the  allowance  of  the  commission,  certified 
as  hereinbefore  provided.  The  fines  and  judgments  of 
the  commission  in  any  contempt  proceeding  may  be 
reviewed,  affirmed,  reversed  or  modified,  as  justice  may 
require,  on  wnit  of  error  from  the  commission  to  the 
Supreme  Court  of  Appeals. 

The  commission  may  award  and  issue,  serve,  execute 
and  return  process,  etc.,  and  compel  attendance  of  wit- 
nesses, etc.,  as  courts.  §  1313a.  §  29.  That  the  commission 
shall,  in  all  matters  within  its  jurisdiction,  have  the 
power  and  authority  to  award  and  issue,  have  served, 
executed  and  returned,  any  writ,  notice,  process,  order 
or  order  of  publication  which  may  by  law  be  awarded, 
issued,  served,  executed  or  returned  by  or  to  any  court 
of  law  or  equity  in  this  commonwealth,  for  the  purpose 
of  compelling  the  attendance  of  witnesses,  the  production 
of  books  and  papers,  the  convening  of  parties,  or  the 
enforcement  and  execution  of  its  findings,  orders  or 
judgments. 

Writs,  etc.,  to  run  in  the  name  of  the  commonwealth— 
By  whom  issued  and  served — Fees — Duty  of  bailiff — Penalty 
for  failure  to  execute  writ,  etc.  §  1313a.  §  30.  That  all 
writs,  processes  and  orders  of  the  commission  shall  run 
in  the  name  of  the  commonwealth,  and  shall  be  attested 
by  its  clerk,  or  first  assistant  clerk,  or  acting  clerk, 
and  shall  be  directed  to  Its  bailiff,  and  may  be  served, 
executed  and  returned  by  the  said  bailiff,  in  any  city 
or  county  of  this  State,  or  by  the  sergeant  or  sheriff, 
or  any  constable,  of  any  city  or  county  in  this  State 
within  his  bailiwick.  All  writs,  notices,  processes  or 
orders  of  the  commission  may  be  served,  executed  and 
returned  in  like  manner  and  upon  like  persons  or  prop- 
erty as  the  processes,  writs,  notices  or  orders  of  the 
courts  of  record  of  this  commonwealth,  and  when  so 
served,  executed  '  and  returned  shall  have  the  same 
legal  effect.  The  bailiff  or  other  oflScer  serving  or 
executing  any  writ,  notice,  process  or  order  of  the  com- 
mission shall  receive  the  same  fees  and  commissions 
allowed  by  law  for  like  services  to  the  sergeants  and 
sheriffs  of  the  cities  and  counties  of  this  State;  pro- 
vided, that  the  bailiff  of  the  commission  shall  account 
for  and  pay  to  its  clerk  all  fees  and  commissions  re- 
ceived by  him  for  any  services  which  he  may  render, 
which  shall  be  accounted  for  and  paid  by  the  clerk  of 
the  commission  into  the  treasury,  as  hereinbefore  pro- 
vided. The  bailiff,  or  any  other  officer  hereinbefore 
named,  who  shall  fail  to  execute  and  return  any  writ, 
notice,  process  or  order  of  the  commission  shall  be  sub- 
ject to  the  penalties  prescribed  by  law  for  the  failure 
to  execute  and  return  the  process  of  any  couit,  which 
penalties  may  be  enforced  by  the  judgment  of  the  com- 
mission. 

The  commission  to  tax  and  collect  like  fees  and  costs  as 
courts — Fees  and  mileage  of  witnesses.  §  1313a.  §  31.  That 
the    commission    shall    cause    to   be    taxed    and    collected 


in  all  complaints,  proceedings,  contests  or  contro- 
versies instituted  or  pending  before  it,  like  fees  and 
costs  taxed  and  collected  for  like  services  by  the  officers 
of  the  courts  of  this  commonwealth ;  also,  the  fees  and 
mileage  of  witnesses  attending  upon  its  public  sessions, 
and  may  enter  judgment  for  the  same  and  issue  execu- 
tion thereon,  which  execution  may  be  levied  and  exe- 
cuted in  like  manner  as  execution  issued  upon  the  judg- 
ments or  decrees  of  the  courts  of  law  or  equity  of  this 
commonwealth;  provided,  that  no  costs  shall  be  taxed 
or  collected  against  the  commonwealth  except  on  appeals 
of  corporations  under  the  provisions  of  §  180  of  the  con- 
stitution, which  have  been  aggrieved  by  the  assessments 
and  ascertainments  made  by  the  commission  under  |§  176 
and  178  of  the  constitution.' 

Judgments  of  the  commission  to  be  a  lien  on  real  estate 
when  duly  docketed,  etc. — How  enforced — Clerks  to  docket 
judgments  certified  by  the  clerk  of  the  commission.  §  1313a. 
§  32.  That  the  judgments  of  the  commission  for  the  recov- 
ery of  money,  fines  or  penalties  shall  be  a  lien  on  the 
real  estate  of  the  judgment  debtor  when  duly  docketed 
and  indexed  in  the  judgment  lien  docket  as  the  judg- 
ments of  the  courts  of  record  are  required  by  law  to 
be  docketed  and  indexed,  in  the  county  or  city  in  which 
the  real  estate  of  the  judgment  debtor  is  located,  and 
the  lien  of  such  judgment  may  be  enforced  in  equity 
before  any  court  having  jurisdiction  to  enforce  liens. 
The  clerks  of  the  courts  of  the  several  cities  and  coun- 
ties shall  docket  all  such  judgments  on  the  lien  docket 
of  their  respective  courts  when  a  copy  thereof,  certified 
by  the  clerk  of  the  commission,  shall  be  presented  for 
that   purpose. 

When  sessions  of  the  commission  public— Judgments  to 
be  rendered  in  public  session — When  judgment  effective^ 
Number,  time  and  commencement  of  session — One  regular 
session  every  three  months.  §  1313a.  §  33.  That  the  ses- 
sions of  the  commission  for  the  hearing  of  any  com- 
plaint, proceeding,  contest  or  controversy  instituted  or 
pending  before  it,  whether  of  its  own  motion  or  other- 
wise, shall  be  public,  and  its  findings,  decisions  and 
judgments  shall  be  announced  and  rendered  in  public 
session.  The  judgments  of  the  commission  for  fines  or 
penalties,  or  for  the  recovery  of  money,  sjiall  take  effect 
as  of  the  date  of  such  judgment,  and  when  allowed  by 
the  commission  in  its  order  and  entered  up,  the  judg- 
ment shall  bear  interest  from  that  date.  The  commis- 
sion may,  by  its  rules,  provide  for  the  number  of  its 
regular  public  sessions  in  each  year,  the  time  of  their 
commencement,  their  duration,  and  for  their  adjourn- 
ment; and  may  also  provide  for  extra  or  special  public 
sessions  when,  in  their  judgment,  such  extra  or  special 
public  sessions  may  be  necessary  or  required.  The 
commission  shall  hold  at  least  one  regular  public  session 
in    every    three    months   in    each    year. 

Appeal  to  Supreme  Court — How  taken  and  perfected — To 
be  heard  promptly,  etc. — How  section  construed.  §  1313a. 
§  34.  That  the  commonwealth  or  any  party  aggrieved  by 
any  final  finding,  order  or  judgment  of  the  commission 
shall  have,  of  right,  regardless  of  the  amount  involved, 
an  appeal  to  the  Supreme  Court  of  Appeals,  same  to  be 
taken  and  perfected  within  six  months  from  the  date 
of  such  final  finding,  order  or  judgment,  and  the  Su- 
preme Court  of  Appeals  may,  on  petition  of  the  attorney- 
general,  or  any  other  party  so  aggrieved,  if  said  peti- 
tion be  presented  within  six  months  from  the  date  of 
th«>  final  finding,  order  or  judgment  of  the  commission, 
award  a  writ  of  supersedeas  to  any  such  final  finding, 
order  or  judgment,  and  may  review,  affirm,  reverse  or 
modify  the  same,  as  justice  may  require,  and  enter 
therein  such  order  as  may  be  right  and  just.  All  such 
appeals  shall  be  taken  and  perfected,  heard  and  deter- 
mined, and  the  mandate  of  the  Supreme  Court  of  Appeals 
certified  down  to  the  commission  in  the  same  manner 
as  appeals  in  equity  causes  from  the  circuit  or  cor- 
poration courts  of  this  commonwealth  to  the  Supreme 
Court;  except,  such  appeals  shall  be  heard  and  disposed 
of  promptly  by  the  Supreme  Court,  irrespective  of  its 
place  of  session,  next  after  habeas  corpus  and  common- 
wealth's cases  already  on  the  docket;  provided,  how- 
ever, this  section  shall  not  be  construed  to  interfere  in 
any  way  with  the  provisions  of  sub-sections  (d),  (e),  (f) 
and  (g)  of  S  156  of  the  constitution,  as  to  appeals  from 
the  action  of  the  commission,  prescribing  rates,  charges 


136G 


Natioxal  Associatiox  OS  Railway  Commissioxers 


or  classification  of  traffic,  or  affecting  tlie  train  scliedule 
of  any  transportation  company,  or  requiring  additional 
facilities,  conveniences,  or  public  service  of  any  trans- 
portation or  transmission  company,  or  refusal  to  approve 
a  suspending  bond,  or  requiring  additional  security 
thereon,  or  an  increase  thereof;  but  shall  be  construed 
to  provide  only  for  appeals  from  the  final  findings, 
orders  and  judgments  of  the  commission  in  cases  not 
expressly  provided  for  by  the  constitution. 

Suspending  bond  on  appeal — Costs,  etc.  §  1313a.  §  3.5. 
That  the  commission  may  require  a  suspending  bond 
on  any  appeal,  in  such  penalty  and  with  such  surety 
thereon  as  it  may  deem  sufficient,  and  may,  during  the 
pendency  of  any  appeal,  at  any  time,  require  the  in- 
crease of  any  such  bond  or  additional  security  thereon; 
provided,  however,  there  shall  be  of  right,  regardless  of 
the  amount,  an  appeal  from  the  action  of  the  commis- 
sion refusing  to  approve  a  suspending  bond,  or  requiring 
an  increase  thereof,  or  additional  security  thereon,  in 
like  manner  as  provided  by  sub-sections  (d),  (e),  (f),  and 
(g)  of  §  156  of  the  constitution.  The  commission  may 
also  require  bond  for  the  payment  of  costs  in  such  pen- 
alty, and  with  such  security,  as  it  may  deem  sufficient,  in 
any  complaint,  proceeding,  contest,  or  controversy  insti- 
tuted or  pending  before  it.  All  suspending  bonds,  and 
bonds  for  the  payment  of  costs,  taken  or  required  to  be 
taken  by  the  commission,  shall  be  made  payable  to  the 
commonwealth,  and  may  be  enforced  in  the  name  of  the 
commonwealth  by  motion  or  other  legal  proceeding  or 
remedy  before  the  commission,  or  in  any  circuit  or  cor- 
poration court  of  the  commonwealth  having  jurisdiction 
of  a  motion  or  action  on  such  bonds,  and  the  process 
and  proceedings  thereon  shall  be  as  provided  by  law 
upon  bonds  of  the  like  character  required  and  taken  by 
any  court  of  this  commonwealth,  and  the  commission 
or  such  circuit  or  corporation  court  may  render  and 
enter  up  like  judgments  upon  such  bonds  as  may,  by 
law,  be  rendered  and  entered  upon  bonds  of  like  char- 
acter, and  process  of  execution  shall  issue  upon  such 
judgments,  and  may  be  levied  and  executed  as  provided 
by  law  in  other  cases. 

Transportation  company  upon  final  decision  of  appeal  to 
refund  amount  collected  pending  the  appeal  in  excess  of 
that  authorized — Penalty — Amount  of  judgment  distributed 
among  those  entitled  thereto.  §  1313a.  §  36.  That  if  any 
transportation  company,  upon  the  final  decision  of  an 
appeal  from  the  action  of  the  commission  prescribing 
rates,  charges,  or  classification  of  traffic,  confirming  or 
modifying  the  action  of  the  commission,  shall  fail  to 
refund  in  the  manner  and  within  the  time  prescribed 
in  the  notice  of  the  commission  all  amounts  which  the 
appealing  company  may  have  collected  pending  the  ap- 
peal, in  excess  of  that  authorized  by  such  final  decision, 
upon  notice  to  such  corporation  by  the  commission  of 
such  final  decision,  then  the  commission,  after  30 
days'  notice  to  any  such  company,  may,  unless  the 
amount  required  by  such  order  be  paid  to  the  clerk  of 
the  commission,  render  and  enter  judgment  in  the  name 
of  the  commonwealth,  for  the  use  of  the  persons,  firms, 
and  corporations  entitled  to  the  same,  against  any 
such  company  for  the  aggregate  amount  of  such  collec- 
tions and  for  costs,  and  may  enforce  the  amount  of  such 
judgment  and  costs  by  process  of  execution,  as  herein- 
before provided  as  to  the  enforcement  of  the  judgment's 
of  the  commission.  The  commission  shall,  upon  the  col- 
lection of  said  judgment,  forthwith  distribute  the  amount 
thereof,  through  its  clerk,  .among  the  parties  entitled 
thereto,  respectively,  in  such  manner  as  it  may  by  its 
rules  or  orders  prescribe,  and  shall,  upon  the  payment 
or  collection  of  any  such  judgment,  enter  the  same 
satisfied  upon  its  records,  and  have  the  same  entered 
satisfied  on  the  judgment  lien  docket  of  the  court  of  any 
city  or  county  where  the  same  may  have  been  docketed, 
and  the  satisfaction  of  any  such  judgment  shall  be  a 
bar  to  any  further  action  or  recovery  against  any  such 
corporation  to  the  extent  of  such  recovery. 

Accidents.  §  1313a.  §  37.  The  commission  may  investi- 
gate the  cause  of  any  accident  on  any  transportation 
line  which,  in  its  judgment,  shall  require  investigation. 

Transportation  of  convicts  and  insane  persons.  §  1313a. 
§  38.  The  commission  is  authorized  to  enter  into  contracts 
with  the  several  railroads  and  other  transportation  com- 
panies, doing  business  in  this  State,  for  the  transportation 


of  convicts,  insane  or  other  persons,  who  are  cared  for  by 
the  State,  and  of  sheriffs  and  all  necessary  guards,  to  and 
from  the  penitentiary  and  the  several  State  hospitals 
in  this  State,  upon  such  terms  as  the  commission  and 
the  several  companies  may  agree,  not  to  exceed  two 
cents  per  mile  for  each  i)er8on  transported  under  such 
contract.  Said  contracts  may  be  renewed  or  extended 
for  such  time  as  the  commission  shall  deem  to  be  to 
the  interest  of  the   State. 

The  commission  to  determine  the  most  direct  route,  fur- 
nish schedules,  etc.,  to  hospitals  and  penitentiary.  §  1313a. 
§  39.  The  commission  shall  determine  the  most  direct  and 
practicable  route  from  each  courthouse  by  which  to 
convey  persons  to  the  penitentiary  and  the  several  State 
hospitals,  and  shall  file  with  the  auditor  of  public  ac- 
counts, the  superintendent  of  the  penitentiary,  the  su- 
perintendents of  the  several  State  hospitals,  and  the 
clerks  of  the  several  counties  and  corporations,  a 
schedule    of    the    route    determined    upon. 

The  commission  to  furnish  schedule  certificates  of  trans- 
portation— By  whom  signed — How  companies  may  collect 
on  same.  S  1313a.  §40.  The  commission  shall  furnish  with 
such  schedule  certificates  of  transportation  in  the  fcrm 
agreed  upon  in  its  contract  with  the  companies.  Said 
certificates  shall  be  signed  by  the  clerk  of  the  comtiis- 
sion,  and  shall  be  taken  up  by  the  conductor  or  otiei 
agent  authorized  by  said  companies  to  collect  fares,  as 
other  tickets  or  fares  are  collected.  They  shall  be  lire 
sented  by  the  companies  holding  the  same,  eit  lei 
monthly  or  quarterly,  as  may  be  determined  upon  bj 
the  commission  and  the  companies,  to  the  auditor  ol 
public  accounts,  who  shall  examine  the  same,  and  11 
found  correct,  pay  them  as  other  claims  against  h« 
State   are   audited   and   settled. 

The  commission  to  furnish  compilation  of  statute  lO'OS 
etc.,  governing  common  carriers  —  Distribution  of  sam  ;— 
Rules  to  be  posted.  §  1313a.  §  41.  The  commission  sh  ill 
annually,  on  the  first  day  of  January,  publish  a  cm 
pilation  of  the  statute  laws  governing  common  carri  jrs 
in  the  State  of  Virginia,  together  with  a  compilalor 
of  the  rules  and  regulations  prescribed  for  their  gov*  rn 
ment  by  the  commission,  and  shall  furnish  a  sufflci  m 
number  of  copies  to  each  railroad  company  or  tri  ns 
portation  company,  or  person  operating  the  same,  to  en 
able  such  company  or  person  operating  the  same  t( 
post  and  keep  posted  conspicuously  in  every  passen  ?ei 
and  freight  depot  of  the  company  a  copy  of  such  lavs 
rules,  and  regulations;  and  every  such  company,  oi 
person  operating  the  same,  is  hereby  required  to  ie< 
that  such  copies,  when  furnished  by  the  commission,  m 
posted  and  kept  posted  in  the  manner  prescribed. 

Seal  of  the  commission — To  what  it  may  be  affixed—  It 
force  and  effect— Fee.  §  1313a.  §  42.  That  the  commiss  ioi 
shall  have  and  use  a  common  seal,  to  consist  of  a  oil 
cular  die  with  the  coat-of-arms  of  Virginia  and  thi 
title  "State  Corporation  Commission"  stamped'  upon  th( 
face  of  the  die,  and  shall  have  power  to  affix  said  i  ea 
to  any  paper,  record,  or  document  when  necessary  fo 
the  purpose  of  authentication,  and  such  seal,  when  si 
affixed  to  any  paper,  record,  or  document  emanai  inj 
from  the  commission  or  its  clerk's  office,  shall  b  iV( 
the  same  force  and  effect  fof  authentication  as  the  i  ea 
of  any  court  of  record  in  this  State.  The  clerk  of  th 
commission  shall  collect  a  tax  of  |1  for  each  imp  res 
sion  of  said  seal  upon  any  paper,  record,  or  docum  ml 
for  which  tax  he  shall  account  to  the  auditor  of  publi 
accounts,  and  pay  the  same  into  the  public  treasury  a 
hereinbefore    provided. 

Docket.  §  1313a.  §  43.  That  the  commission  shall  1  ee; 
a  docket  of  all  complaints,  proceedings,  contests,  ani 
controversies  instituted  or  pending  before  it,  and  al 
cases  shall  be  numbered  on  the  docket  in  the  ordei  i] 
which  they  were  instituted,  and  the  papers  the -el; 
jacketed  and  numbered  in  the  same  consecutive  ordei 
and  when  finally  determined  and  disposed  of,  the  p£ 
pers  and  files  shall  be  filed  and  preserved  in  the  sxm 
numerical  order  and  properly  indexed  for  convenient  fi 
ture   reference. 

Allowance  for  expenses,  etc.,  to  be- paid  out  of  the  ptbli 
treasury — Compensation,  mileage,  etc.,  of  toit7tess.  §  1313f 
§  44.  The  commission  shall,  by  order  entered  upon  th 
records  of  its  proceedings,  make  all  allowances  to  b 
paid    out    of    the    public    treasury    for   expenses,    witnes 


Public  Service  Laws 


1367 


fees,  and  mileage,  and  for  service  of  process,  and  when 
so  allowed  and  certified  by  its  clerk  to  the  auditor  of 
public  accounts,  the  last-named  officer  shall  draw  his 
warrant  for  the  payment  of  the  amount  of  any  such 
allowances  out  of  the  public  treasury;  provided,  that 
the  commission  shall  not  allow  to  any  witness  exceeding 
$1  per  day  for  his  attendance,  nor  exceeding  5  cents 
per  mile  for  each  mile  traveled  to  and  from  the  place 
of  attendance,  and  shall  not  make  any  allowances  to 
be  paid  out  of  the  public  treasury  save  when  the  ex- 
penses incurred,  the  witness  attendance,  or  the  services 
of  process.  Is  at  the  instance  of  the  commission,  or  on 
behalf   of    the   commonwealth. 

Register  of  corporations — List  of  charters  to  he  fur- 
nished by  secretary  of  the  commonioealth.  §  1313a.  §  45. 
That  the  commission  shall  have  made  and  kept  in  Its 
clerk's  office  a  register  of  all  corporations,  which 
register  shall  contain  the  corporate  names  of  all  car- 
poratlons  heretofore  chartered  and  existing  at  this 
date,  so  far  as  the  same  may  be  obtainable,  and  those 
hereafter  chartered  by  the  laws  of  this  State,  and  of 
all  foreign  corporations  heretofore  or  hereafter  licensed 
to  transact  business  in  this  State,  and  as  to  domestic 
corporations  shall  contain  also  the  following  information, 
to-wit:  Date  of  incorporation.  Names  and  residences  of 
officers  and  directors.  Amount  of  capital  stock,  and 
whether  preferred  or  common,  or  both,  and  the  amount 
of  each.  Amount  of  bonds  to  be  issued.  Nature  of  cor- 
porate enterprise  or  business  to  be  conducted.  The 
place  of  its  principal  or  general  office  or  place  of  busi- 
ness. 

The  secretary  of  the  commonwealth  shall  forthwith 
prepare  and  furnish  to  the  commission  a  list  of  all 
charters  recorded  in  his  office  up  to  April  1,  1903,  con- 
taining the  above  information  so  far  as  shown  by  the 
records   of  his  office. 

The  commission  to  issue  all  charters,  etc.,  and  to  certify 
same  under  its  seal  to  the  secretary  of  the  commonwealth — ■ 
Recordation  —  Granting  license  to  foreign  corporations — 
Fees.  §  1313a.  §  46.  The  commission  shall  issue  all  char- 
ters and  all  amendments,  extensions  and  renewals  of 
charters,  uix)n  application,  complying  with  the  provi- 
sions of  the  incorporation  laws  of  this  State,  and  when 
any  charter,  or  amendment,  extension,  or  renewal  of  a 
charter  is  issued,  shall  certify  the  same,  under  its 
seal,  to  the  secretary  of  the  commonwealth  for  recorda- 
tion as  required  by  law,  and  the 'commission  shall  have 
the  granting  of  all  licenses  to  foreign  corporations  to 
transact  business  in  this  State.  The  commission  shall, 
before  approving  any  application  or  petition  for  a  char- 
ter, or  amendment  to  charter,  or  certificate  of  dissolu- 
tion, or  granting  any  license  to  any  foreign  corporation 
to  transact  business  in  this  State,  require  the  payment  of 
the  fees  prescribed  by  law,  and  a  fee  of  $5,  which  fee 
shall  include  the  tax  of  $1  upon  the  seal  of  the  commis- 
sion and  fee  of  50  cents  for  compensation  of  the  clerk 
of  the  commission  for  each  and  every  impression  of  the 
seal  of  the  commission,  the  remainder,  $3.50,  to  be  for 
cost  of  entering,  issuing,  and  certifying  each  charter, 
amendment,  certificate  of  dissolution,  or  certificate  of 
authority,  as  required  by  law;  these  fees  to  be  paid  into 
the  State  treasury  as  provided  in  this  Act,  except  that 
the  clerk  shall  retain  as  his  compensation  the  fee  of 
50  cents  for  attesting  the  seal  of  the  commission.  (In 
force  June  15,  1910.) 

The  commission  to  designate  depository  —  Deposits — 
Checks — Officer  collecting  judgment  to  pay  same  within  10 
days — Penalty.  §  1313a.  §  47.  That  the  commission  shall 
designate  some  State  depository  as  a  place  of  deposit 
for  the  moneys  received  by  its  clerk  under  this  or  any 
future  act  of  the  general  assembly,  and  shall  require  its 
clerk  to  deposit  therein  all  moneys  received  by  him  at 
least  once  in  every  24  hours,  and  all  checks  upon  said 
depository  drawn  by  said  clerk  shall  be  countersigned 
by  the  chairman  or  acting  chairman  of  the  commission. 
That  the  bailiff  of  the  commission,  or  any  sergeant, 
sheriff,  or  constable  who  shall  collect  any  judgment,  or 
any  part  thereof,  rendered  by  the  commission,  shall, 
within  10  days  after  such  collection,  pay  the  amount 
thereof,  either  in  current  funds  or  by  certified  check, 
to  the  clerk  of  the  commission.  Any  officer  of  the  com- 
mission, or  any  sergeant,  sheriff,  or  constable  who  shall 
omit    or    fail    to    perform    any    of    the    requirements    of 


this  section,  shall  be  fined  not  less  than  $500  nor  more 
than  $1,000,  which  may  be  imposed  and  judgment  ren- 
dered therefor  and  enforced  by  the  commission.  All 
proceedings  against  any  such  officer  and  the  surety  on 
his  official  bond,  may  be  had  as  provided  by  law  in  refer- 
ence to  official  bonds,  for  default  in  the  accounting  tor, 
or  payment  over,  of  any  moneys  collected  or  received 
by  him  under  the  provisions  of  this  Act. 

The  commission  to  notify  corporation  of  the  amount  of 
registration  fee.  §  1313a.  §  48.  That  the  commission  shall 
annually,  on  or  before  the  first  day  of  December,  notify 
each  corporation  subject  to  a  registration  fee  of  the 
amount  thereof,  and  when  the  same  is  payable,  and 
when  ijaid  its  clerk  shall  promptly  receipt  therefor  to 
the  corporation  paying  the  same,  such  notice  to  be 
mailed    to   the   last   address   furnished   by   such   company. 

Free  transportation  to  members  of  the  commission. 
§  1313a.  §  49.  That  all  transportation  companies  operat- 
ing in  this  State  shall,  on  the  order  of  the  commission, 
attested  by  its  clerk,  or  on  an  order  signed  by  any 
member  of  the  commission,  furnish  free  transportation 
to  the  members  of  the  commission  and  its  officers,  when 
traveling  on  official  business,  and  the  order  for  such 
transportation  shall  show  that  the  same  is  desired  for 
official    business. 

Supplies,  printing,  expenses,  etc.  §  1313a.  §  50.  That 
the  commission  shall  have  authority  to  purchase  all 
necessary  supplies,  and  to  have  all  necessary  printing 
and  publishing  done,  and  to  secure  all  telephone  and 
telegraph  service  necessary  to  the  efficient  discharge  of 
its  duties,  and  the  same  shall  be  paid  out  of  the  fund 
appropriated  for  its  incidental  and  contingent  expenses; 
provided,  however,  that  all  printing  necessary  for  the 
commission  shall  be  done  by  the  public  printer  on  its 
order. 

Report  of  the  commission.  §  1313a.  §  51.  That  the 
commission  shall,  on  or  before  the  first  day  of  Decem- 
ber in  each  year,  tabulate  and  publish  in  statistical  form 
such  reports  made  to  it  in  pursuance  of  the  constitution 
and  laws  of  this  State,  as  required  by  subsection  (a) 
of  §  156  of  the  constitution  proper,  and  shall,  on  the 
same  date  in  each  year,  make  report  to  the  governor 
as  required  by  subsection  1  of  said  section,  to  be  by  him 
laid  before  the  general  assembly  at  each  regular  session 
thereof. 

Impeachment.  §  1313a.  §  52.  That  any  member  of  the 
commission  who,  during  the  term  of  his  office,  shall 
be  directly  or  indirectly  employed  by,  or  hold  any  office 
in  relation  to,  any  transportation  or  transmission  com- 
pany, or  in  anywise  become  interested  therein  finan- 
cially, or  shall  engage  in  the  practice  of  law,  or  be 
guilty  of  misfeasance  or  malfeasance  in  office,  shall 
be  Impeached  and  removed  from  office  in  the  same  man- 
ner provided  for  the  impeachment  and  removal  of 
judges  of  the  Supreme  Court  of  Appeals;  and  any  officer 
of  the  commission  for  like  causes,  or  for  neglect  of  duty, 
or  when,  in  the  judgment  of  the  commission,  the  public 
service  will  be  promoted  thereby,  may  be  removed  from 
office    by    the    commission. 

Board  of  public  works  and  railroad  commissioner  to 
surrender  records,  books,  etc.,  to  the  commission.  §  1313a. 
§  53.  The  board  of  public  works  and  the  railroad  commis- 
sioners shall,  on  the  second  day  of  Jlarch,  1903,  or  as 
soon  thereafter  as  requested  by  the  commission,  sur- 
render and  deliver  to  the  commission  the  records,  books, 
files  and  papers  of  their  respective  offices,  and  there- 
after said  records,  books,  files  and  papers  shall  be  and 
remain  a  part  of  the  records,  books,  papers  and  files 
of   the    commission. 

Salaries.  §  1313a.  §  54.  That  the  annual  salaries  of  the 
members  and  officers  of  the  commission  shall  be  as  fol- 
lows: Each  commissioner,  $4,000;  the  clerk,  $2,500;  the 
first  assistant  clerk,  $1,500;  the  stenographer,  $1,200; 
and  the  bailiff,  $900;  and  the  auditor  of  public  accounts 
shall  draw  his  warrant  upon  the  public  treasury  for  the 
payment  of  said  salaries  in  equal  monthly  payments  for 
each  month  of  their  respective  terms  of  office. 

Not  to  impair  jurisdiction  of  courts — Concurrent  juris- 
diction. §  1313a.  §  55.  This  Act  shall  not  be  construed  to 
take  away  or  impair  the  jurisdiction  of  any  court  of  this 
commonwealth  to  hear  and  determine  any  proceeding, 
suit  or  motion  of  which  it  now  has  jurisdiction,  for  the 


1368 


National  Association  of  Railway  Commissioners 


enforcement  of  any  fine  or  penalty  against  any  corpora- 
tion under  the  laws  of  this  State,  but  that  the  powers 
and  jurisdiction  of  the  commission  to  hear,  determine, 
and  enforce  such  fines  and  penalties  shall  be  construed  to 
be  concurrent. 

Powers  and  duties  vested  in  commission.  §  1313a.  §  56. 
The  commission  is  hereby  charged  with  all  the  duties 
and  vested  with  all  the  rights,  property,  functions,  and 
,  powers  heretofore  performed,  vested  in,  and  exercised 
by  the  board  of  public  works,  except  in  so  far  as  the 
same  may  be  in  conflict  with  the  constitution  and  laws 
of  this  State,  and  the  commission  shall  particularly  per- 
form the  duties  and  exercise  the  powers  heretofore 
performed  and  exercised  by  said  board,  prescribed  in 
§  §  59  to  78,  inclusive,  of  this  Act. 

The  commission  or  some  member  to  attend  the  sale  of 
work  of  internal  improvement  in  which  the  State  is  inter- 
ested. §  1313a.  §  57.  The  commission  or  some  member 
thereof  shall,  and  is  hereby  directed  and  authorized 
to,  attend  the  sale  of  any  work  of  internal  improvement 
in  which  the  State  is  a  stockholder  or  otherwise  inter- 
ested, whether  such  sale  be  made  by  virtue  of  mortgage, 
judgment,  decree,  or  other  lien. 

When  State  may  proceed  against  company  by  quo  war- 
ranto and  sell  the  works  for  abandonment  or  failure  to  use 
— Deed  of  conveyance  to  be  executed — Collection  of  debts 
and  proceeds  of  sale — Purchaser  to  become  corporation  with 
privileges,  etc.,  of  old  company.  §  1313a.  §  58.  (as  amended. 
Acts  1906,  page  414).  If  the  works  of  any  internal  im- 
provement company  be  not  commenced  and  be  com- 
pleted within  the  time  prescribed  by  law,  or  by  its 
charter,  or  if  after  such  works  be  completed,  the  com- 
/pany  abandon  them,  or  for  three  successive  years  cease 
to  use  and  fail  to  keep  them  in  good  repair,  in  each 
of  these  cases  the  State  may  proceed  against  such 
company  by  writ  of  quo  warranto,  or  information  in 
the  nature  of  a  writ  of  quo  warranto  in  the  Circuit  or 
Corporation  Court  having  jurisdiction  over  the  county 
or  city  in  which  the  principal  office  in  this  State  of  such 
corporation  is   located. 

Whenever  there  is  a  judgment  of  dissol\ition  in  such 
proceedings  the  corporation  shall  nevertheless  be  con- 
tinued for  such  length  of  time  as  may  be  necessary  for 
the  purpose  of  prosecuting  and  defending  suits  by  and 
against  it,  and  of  enabling  it  to  recover  what  it  may  be 
entitled  to  or  gradually  to  settle  and  close  up  its  busi- 
ness, to  dispose  of  its  property,  and  to  divide  its  capital 
as  may  be  provided  by  law  in  the  case  of  other  cor- 
porations which  may  have  expired  or  been  dissolved, 
all  of  which  proceedings  shall  be  under  the  supervision 
and  subject  to  the  control  of  the  court  rendering  such 
judgment.  The  court  may  enter  such  orders  as  may 
be  proper  to  provide  tor  the  operation,  under  its  super- 
vision and  control,  of  such  work  of  internal  improvement 
until  a  sale  is  made. 

When  the  works  of  any  such  internal  improvement 
company  are  sold  and  conveyed  to  the  purchaser,  in 
such  proceedings  as  are  herein  provided  for,  he  shall 
forthwith  be  a  corporation  by  any  name  which  may  be 
set  forth  in  such  conveyance,  upon  his  complying  with 
the  provisions  of  §  36  of  chapter  5  of  an  Act  entitled 
"An  Act  concerning  corporations,"  which  became  a  law 
May  21,  1903,  and  to  the  corporation  thus  created  all 
the  provisions  of  §  13  of  chapter  2  of  the  "Act  con- 
cerning public  service  corporations,"  approved  January 
18,  1904,  and  all  other  provisions  of  law  relating  to  such 
corporations    shall   apply. 

The  commission  may  convey  State's  interest  in  road  to 
county.  §  1313a.  §  59.  It  shall  be  the  duty  of  the  commis- 
sion, with  the  consent  of  the  board  of  supervisors  of 
any  county  given  at  any  regular  meeting  by  a  two-thirds 
vote  of  all  elected  in  such  county,  where  in  their  opin- 
ion the  public  interest  will  be  promoted  thereby,  to 
transfer  and  convey  the  State's  interest  in  any  turnpike 
or  plank  road,  or  any  part  thereof,  to  the  county  or 
counties  in  which  said  road  lies.  The  transfer  shall 
be  made  by  a  formal  order  to  be  entered  upon  the 
minutes  of  the  proceedings  of  the  commission,  and  a 
copy  to  be  transmitted  by  its  clerk  to  the  clerk  of  the 
Circuit  or  County  Court  for  record  in  the  clerk's  office 
in  each  county  where  the  said  road  lies. 

The  commission  to  collect  dividends,  etc.,  from  work  in 
which  State  is  interested.    §  1313a.    §  60.    The  commission 


UlU}, 

1* 


shall  be  vested  with  power  to  collect  any  fund  or 
dividend  due  from  any  work  of  internal  improvement  in 
which  the  State  is  interested,  and  to  pay  the  same 
into   the   treasury   to    the   credit  of   the   sinking   fund. 

Proxies  for  stock  held  by  State.  §  1313a.  §  61.  The 
commission,  for  all  works  in  which  the  State  may  hold 
stock  heretofore  subscribed  and  not  disposed  of,  shall 
from  time  to  time  appoint  one  or  more  proxies  to  Te\y 
resent  the  stock  held  by  or  on  behalf  of  the  State  in 
the  company  having  control  of  such  work;  provided,  that 
the  present  proxies  shall  hold  over  until  their  succes- 
sors  are   appointed. 

Duty  of  State  proxies.  §  1313a.  §  62.  In  cases  in  which 
it  may  be  desired  by  the  commission,  its  proxies  shall 
cause  to  be  transmitted  to  it  copies  of  the  reports  of 
the  proceedings  of  the  directors  of  the  companies  la 
which  they  are  proxies,  the  proceedings  of  the  stock- 
holders thereof,  and  other  documents  relating  to  the 
works,  and  shall  make  such  reports  as  the  commission 
may  require  or  to  the  proxies  may  seem  proper. 

State  directors.  §  1313a.  §  63.  In  every  company  to  tha 
stock  of  which  the  board  of  public  works  or  the  Stats 
has  heretofore  subscribed  and  which  has  not  been  dis- 
posed of,  the  commission  shall  appoint  such  portion  of 
the  directors  as  shall  bear  to  the  whole  number  of  th.j 
directors  of  such  company  the  same  proportion,  as  nearly 
as  possible,  that  the  stock  held  on  behalf  of  the  Statj 
in  such  company  bears  to  the  whole  capital  stock 
thereof. 

When  appointed.      §  1313a.     §64.     The  appointment  o'. 
directors     in     a    company,     according    to     the     precedini; 
section,    shall    be    made   by   the    commission    before   ea 
annual    meeting   therein. 

Terms  of  directors  and  proxies.  §  1313a.  §  65.  Proxll 
and  directors  appointed  by  the  commission  shall  be  li 
office  from  the  time  such  appointment  is  in  force  unti 
their  successors  are  appointed,  unless  sooner  removed 
When  a  proxy  tails  to  attend  at  any  meeting,  the  com 
mission,  without  removing  him,  may  make  a  temporar: 
appointment,  to  be  in  force  during  his  absence. 

The  commission  to  keep  register  of  the  property  of  thi 
State.  §  1313a.  §  66.  The  commission  and  the  second  audi 
tor  shall  cause  to  be  registered,  in  books  to  be  kep 
in  their  respective  offices  for  the  purpose,  all  claims 
stocks,  bonds,  chbses  in  action,  and  all  property,  rea 
or  personal,  due  or  belonging  to  the  State,  with  sucl 
description  thereof  as  will  enable  easy  reference  to  thi 
same   by  any   State   officer  or  person   interested. 

Motley  recovered  by  action  in  Circuit  Court  of  Richmond 
§  1313a.  §  67.  Any  money  forfeited  to  the  commission 
and  any  money  which  ought  to  be  paid  into  the  publii 
treasury  to  the  credit  of  the  fund  for  internal  improve 
ment,  shall  be  recovered,  with  interest  on  such  mone: 
from  the  time  the  same  ought  to  be  paid,  by  motion 
after  15  days'  notice,  or  by  action  in  the  Circuit  Cour 
of  the  city  of  Richmond.  The  second  auditor  shall  in 
stitute  and  prosecute  in  the  name  of  the  common wealt) 
the  proceedings  after  an  order  for  such  motion  or  actid  J 
shall  have  been  made  by  the  commission.  J  I 

Agents  for  the  collection  of  debts,  etc.  §  1313a.  §  68 
The  commission  may  appoint  agents  for  the  collectloi: 
of  its  debts  or  claims,  and  authorize  them  to  secure 
payment  thereof  on  such  terms  as  it  may  approve,  ex- 
cept it  shall  not  appoint  an  agent  to  collect  any  judg- 
ment, fine,  or  penalty  rendered  or  imposed  by  the  com 
mission. 

When  commission  may  purchase  estate  taken  under 
cution.  §  1313a.  p  69.  When  the  estate  of  any  person  tak^ 
under  execution  or  for  sale  under  any  decree  or  deeil 
of  trust  for  any  such  debt  or  claim  will  not  sell  for  th  > 
amount  thereof,  the  commission  may  purchase  suc'i 
estate, 

May  sell  and  convey  any  estate  so  purchased.     §  13138. 
§  70.    The  commission  may  sell  any  estate  so  purchased,  at 
such   time   and   on   such   terms   as   the   commission   may   i 
deem   advantageous,  and  the  commission   shall  execute  .*    i 
deed   conveying   to   the   purchaser   all   the   interest   which    i 
the  commission  may  have  in  such  land.  j 

Compensation  of  agent  under  this  Act.     §  1313a.     §  71.    ■ 
For    the    services    of    any    agent    under    this    Act,    the 
commission    may    allow    compensation    not    exceeding.    In 


41 


Public  Service  Laws 


1369 


any  case,  5  per  centum  on  the  money  actually  paid  into 
the  treasury. 

The  commission  to  fix  tolls,  etc.  §  1313a.  §  72.  When 
the  tolls  of  any  canal,  navigation,  or  bridge  company 
are  not  prescribed  by  its  charter,  the  commission  shall 
fix  such  tolls  as  may  seem  to  it  reasonable,  and  may 
alter  the  same  at  its  pleasure. 

Assent  by  stockholders  to  §  6o  of  this  Act.  §  1313a.  §  73. 
If  in  any  company  incorporated  and  organized  before  the 
first  day  of  July,  1850,  to  the  stock  of  which  the  board 
of  public  works  or  the  State  has,  before  or  since  that 
date,  subscribed,  a  resolution  be  adopted  in  general 
meeting  of  the  stockholders  (by  the  vote  of  the  ma- 
jority of  the  stockholders,  other  than  the  State),  assent- 
ing to  §  65  of  this  Act,  the  same  shall  thenceforth 
be  of  the  same  force  in  respect  to  such  company  that 
it  would  be  if  it  had  formed  a  part  of  the  Act  incorpo- 
rating such  company.  If  such  assent  be  not  given,  the 
votes  in  the  meetings  of  the  stockholders  of  such  com- 
pany and  the  appointment  of  directors  therein  shall 
continue  to  be  according  to  the  laws  in  force  on  the 
day  before  the  Code  of  1887  took  effect,  unless  it  be 
a  company  whose  charter  is,  by  the  terms  thereof,  sub- 
ject to  be  altered,  amended,  or  modified  by  the  general 
assembly;  in  which  case  the  said  §  65  shall  be  of  the 
same  force  in  respect  to  it  as  if  such  assent  had  been 
given. 

Sale  by  James  River  d  Kanawha  Company  of  its  works, 
etc.,  to  Richmond  d-  Alleghany  Railroad  Company.  §  1313a. 
I  74.  That  so  much  of  the  Act  entitled  "An  Act  to  authorize 
the  James  River  and  Kanawha  Company  to  make  sale 
and  transfer  of  all  its  works,  property,  and  franchises  to 
the  Richmond  &  Alleghany  Railroad  Company,  and 
to  define  the  powers  and  duties  of  the  board  of  public 
works  in  reference  thereto,"  approved  February  27,  1879, 
as  has  not  been  carried  into  effect,  shall  continue  in 
force,  and  the  commission  shall  exercise  all  the  powers 
and  perform  all  the  duties  conferred  and  imposed  upon 
the  board  of  public  works  by  the  said  Act,  which  shall 
further  include  authority  upon  application  of  any  parties 
interested,  after  due  notice  to  parties  in  interest,  to 
judicially  hear  and  determine  whether  or  not  any  obli- 
gation or  duty  imposed  by  the  said  Act  upon  the  pur- 
chaser thereunder,  or  its  successor  in  title,  has  been 
sufBciently  complied  with,  or  otherwise  discharged,  and 
what  constitutes  such  compliance  or  discharge  In  force 
June   26,    1908. 

The  commission  to  make  report  shoiving  condition  of 
work  or  company  in  which  State  has  an  interest.  §  1313a. 
§  75.  The  commission  shall  make  report  to  the  general 
assembly  at  each  regular  session,  showing  the  condi- 
tion of  each  work  made  on  the  State  account,  or  to  the 
stock  of  which  the  board  of  public  works  or  the  State 
had  heretofore  subscribed,  and  giving  such  other  in- 
formation in  relation  thereto  as  it  may  deem  pertinent, 
and  the  second  auditor  shall  also  report  to  the  general 
assembly  at  such  regular  session  a  succinct  statement 
relative  to  every  such  work,  showing  the  gross  amount 
of  the  year's  income  therefrom,  the  net  balance  of  such 
income  remaining,  after  paying  current  expenses,  and 
interest  on  debts  due  on  account  of  the  work,  and 
what  percentage  such  net  balance  is  on  the  capital  ex- 
pended. On  or  before  the  first  day  of  October  the  said 
reports  shall  be  delivered  to  the  superintendent  of  public 
printing,  and  he  shall  cause  the  same  to  be  printed. 

Sections  of  the  Code  repealed  by  this  Act.  §  1313a  §  76 
That  sub-section  12  of  §  183,  and  §§  1212,  1236  1239 
1254,  1298,  1299,  1300,  as  amended  by  an  Act  of  the 
general  assembly,  approved  March  4,  1900;  1301  1302 
1303,  1306,  1307,  1308,  1310,  1311,  as  amended  by  an 
Act  of  the  general  assembly,  approved  March  4  1900- 
1312,  1313,  1314,  1315,  1316,  1317,  1318,  1319,  1320,  1321 
1322,  1323,  1324,  1325,  1326,  1327,  1328.  1329,  1330  133l' 
1332,  1333,  and  1337  of  the  Code  of  1887,  and  §  §  11,  I2' 
and  13  of  the  Act  of  the  general  assembly  of  Virginia' 
approved  March  3,  1892,  entitled  an  Act  to  further  regu- 
late and  control  common  carriers  doing  business  in  this 
State,  and  further  defining  the  duties  of  the  railroad  com- 
missioner in  relation  thereto,  be,  and  the  same  are  hereby 
repealed. 

In  effect  forthwith.     §  1313a.     §  77.    This  Act  shall  be  in 
force  from  its  passage. 


CHAPTER  198. 

VENUE    OF    SUITS    AGAINST    TKANSMISSIOX    COMPANIES. 

Approved  March  12,  1908. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

It  1.  That  it  shall  be  lawful  to  institute  suits  against 
telegraph  and  telephone  companies  for  the  legal  penalty, 
and  for  any  damage  which  may  be  sustained  in  con- 
sequence of  the  failure  of  said  companies  to  transmit 
or  deliver  messages  as  required  by  §  6  of  chanter  8' 
of  an  Act  of  the  general  assembly  of  Virginia  entitled, 
"An  Act  concerning  public  service  corporations,"  ap- 
proved January  18,  1904,  and  §  5  of  the  same  Act  as 
amended  by  an  Act  approved  March  17,  1906,  in  any 
court  of  competent  jurisdiction  either  in  the  county 
or  city  from  which  the  message  was  transmitted  or 
accepted  for  transmission,  or  at  the  county  or  city  of 
delivery  or  failure  of  delivery;  provided,  that  all  courts 
which  the  passage  of  this  Act  have  jurisdiction  of  such 
suits    shall   retain   such   jurisdiction. 

CHAPTER  149. 

RAILROAD    MAY    ACQUIRE    OTHER    LINES. 

Approved  March  5,   1908. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

Railroad  may  buy  or  lease  other  lines.  §  1.  That  any 
railroad  company  incorporated  under  the  laws  of  this 
State,  or  of  this  State  or  another  State  or  States,  may, 
with  the  consent  of  the  State  corporation  commission 
first  obtained,  construct,  purchase  or  take  a  lease  of  any 
railroad,  not  exceeding  25  miles  in  length,  which  will 
furnish  said  company  a  cut-off  or  connecting  line  between 
two  points  on  its  own  line  for  the  more  efficient  and 
economical  transportation  of  traflSc  passing  between 
said  two  points;  and  any  railroad  company  incorporated 
under  the  laws  of  this  State,  or  of  this  State,  and  an- 
other State  or  States  owning  a  completed  or  partly 
completed  line  suitable  for  such  cut-off  or  connecting 
line,  may,  with  the  consent  of  the  State  corporation 
commission  first  obtained,  sell  or  lease  the  same  to 
such  other  corporation;  but  the  consent  as  aforesaid  of 
the  State  corporation  commission  shall  be  given  only  if 
said  commission  shall  be  of  the  opinion  that  the  pur- 
pose and  effect  of  the  construction,  purchase  or  lease  of 
such  cut-off  or  connecting  line  is,  and  will  be,  to 
enable  the  company  constructing  or  purchasing  the 
same  or  taking  a  lease  thereof,  to  transport  its  traffic 
passing  between  such  two  points  more  efficiently  and 
economically  by  reason  of  the  lower  grades  or  better 
alignment  of  such  cut-off  or  connecting  line,  or  for 
other  cause;  provided,  however,  that  the  construction, 
purchase  or  lease  of  any  such  cut-off  or  connecting 
railroad  .shall  not  relieve  the  company  constructing  or 
purchasing  the  same,  or  taking  a  lease  thereof,  from 
any  legal  obligation  to  operate  any  portion  of  its 
line  or  lines  of  railroad;  but  nothing  in  this  Act  shall  be 
construed  to  repeal,  or  in  any  way  to  modify  the  provi- 
sions of  §  19  of  an  Act  of  the  general  assembly  of 
Virginia  entitled  "An  Act  concerning  the  exercise  of 
power  of  eminent  domain,"  approved  January  18,  1904 
and  found  in  chapter  608  of  the  Acts  of  assembly'  extra 
session,   1982,    1903,   1904. 

Waiver  of  exemption.  §  2.  Any  railroad  accepting 
the  provision  of  this  Act  shall  be  deemed  to  waive  any 
and  all  exemptions  of  taxes  it  may  have. 

CHAPTER  278. 

CABOOSE   CARS. 


Approved  March  16,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

§  1.  That  it  shall  be  unlawful  for  any  person,  firm  or 
corporation  operating  any  railroad  in  the  State  of  Vir- 
ginia to  require  or  permit  the  use  of  any  caboose  cars 
on  freight  trains  unless  said  caboose  cars  shall  be  pro- 
vided with  a  door  and  a  platform  at  each  end  thereof, 
and  with  suitable  cupolas,  guard  rails,  grabirons  and 
steps  for  the  safety  and  convenience  of  persons  in 
alighting  or  getting  on  said  caboose  cars;  provided,  that 
when  a  passenger  coach  is  used  as  a  caboose  the  provi- 
sion above  as  to  cupola  shall  not  apply. 


1370 


National  Association  of  Railway  Commissioners 


CHAPTER  42. 

BUNNINO   CARS    ON    SUNDAT. 

Became  a  law  without  the  signature  ol  the  governor 
February  25,  1910. 

Be  it  enacted  by  the  general  assembly  of  Virginia: 

§  1.  That  §  3801  of  the  Code  of  Virginia  relating  to  the 
loading,  unloading,  running  and  transportation  of  railroad 
trains  on  Sunday  be  amended  .and  re-enacted  so  as  to 
read  as  follows: 

Running  on  Sunday  prohibited — Exceptions.  §3801. 
No  railroad  company,  receiver  or  trustee,  controlling  or 
operating  a  railroad,  shall,  by  any  agent  or  employe, 
load,  unload,  run  or  transport  upon  such  road  on  a 
Sunday  any  car,  train  of  cars  or  locomotive  nor  permit 
the  same  to  be  done  by  any  such  agent  or  employe, 
except  where  such  cars,  trains  or  locomotives  are  used 
exclusively  for  the  relief  of  wrecked  train  or  trains  so 
disabled  as  to  obstruct  the  main  track  of  the  railroad; 
or  for  the  transportation  of  the  United  States  mail;  or 
for  the  transportation  of  passengers  and  their  baggage; 
or  where  such  cars,  trains  or  locomotives  constitute  In- 
terstate freight  trains  exclusively,  which  trains  may  be 
fun  through  the  State  of  Virginia  without  stopping  at 
local  stations  for  interchange  of  freight;  or  for  the 
transportation  of  live  stock;  or  for  the  transportation 
of  articles  of  such  perishable  nature  as  would  neces- 
sarily impair  in  value  by  one  day's  delay  in  their  pas- 
sage; provided,  however,  that  if  it  should  be  necessary 
to  transport  live  stock  or  perishable  articles  on  a  Sun- 
day to  an  extent  not  sufficient  to,  make  a  whole  train 
load,  such  train  load  may  be  made  up  with  cars  loaded 
with  ordinary  freight;  and  provided,  however,  that  the 
State  corporation  commission  may,  at  such  times  as  neces- 
sity may  require,  either  to  meet  an  emergency  or  to 
save  life  or  property,  suspend  the  restriction  of  thjs  Act 
and  authorize  the  running,  loading  or  unloading  on  Sun- 
day of  freight  trains  on  any  railroad,  and  of  any  car 
or  locomotive. 

Power  to  corporation  commission.  §  2.  That  the  State 
corporation  commission  may,  upon  petition  duly  verified 
by  any  railroad  company,  either  by  general  rule  or 
special  order,  or  both,  authorize  the  running,  loading  or 
unloading  on  Sunday  of  freight  trains  on  such  railroad, 
and  of  any  car  or  locomotive,  for  any  of  the  causes  in 
the  proviso  of  the  first  section  mentioned. 

Exemption  from  taxation.  §  3.  Any  railroad  company 
taking  advantage  of  any  of  the  provisions  of  this  Act 
shall  thereby  give  up  and  surrender  any  exemption  from 
State,  county,  city  or  district  taxation  conferred  by  the 
charter   of   said   company. 

CHAPTER  240. 

NOllCE    OF    DELAY    OP    TRAINS. 

Approved  March  15,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

S  1.  That  §  7  of  chapter  4  of  aii  Act  entitled  an  Act 
concerning  public  corporations,  approved  January  18, 
1904,  be  amended  and  re-enacted  so  as  to  read  as  follows: 

Notices  to  be  posted — Penalty.  Par.  7.  Whenever  any 
passenger  train  shall  be  delayed  beyond  its  scheduled 
time,  it  shall  be  the  duty  of  the  railroad  company,  im- 
mediately upon  learning  of  such  delay,  to  post  in  some 
conspicuous  place,  at  or  near  its  depot,  at  each  of  its 
stations  at  which  it  shall  have  telegraphic  or  telephonic 
facilities,  and  at  which  said  trains  are  scheduled  to 
stop,  at  least  30  minutes  before  the  schedule  time  of 
the  arrival  of  such  train,  a  true  statement  of  the  extent 
of  such  delay. 

Every  company  failing  to  comply  with  the  provisions 
of  this  section  shall  be  fined  not  exceeding  $20  for  each 
offense;  provided,  further,  that  any  company  which  wil- 
fully posts  a  false  notice  of  the  delay  of  such  train 
shall  be  subject  to  a  fine  of  $100  for  each  offense;  pro- 
vided, further,  that  this  section  shall  not  be  construed 
80  as  to  render  such  company  liable  for  any  erroneous 
statement  contained  in  such  notice  unless  wilfully  made. 

CHAPTER  337. 

SEATS    FOB    WHITE    AND    COLORED    PASSENGERS. 

Approved  Marclj  17,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

Misdemeanor  to  take  wrong  seat,  etc.  §  1.  That  all 
persons  who  fall,   while  on   any  coach   or  car  used   for 


the  carriage  of  passengers  for  hire  by  any  company  or 
corporation,  or  person  or  persons,  on  any  railway  line, 
whether  the  motive  power  thereof  be  steam  or  electricity, 
or  other  motive  power,  or  whether  said  coach  or  car 
be  on  a  street  railway  or  interurban  railway  or  a  trunk 
line  railway,  to  take  and  occupy  the  seat  or  seats  or 
other  space  assigned  to  them  by  the  conductor,  manager 
or  other  person  in  charge  of  such  car  or  coach,  or  whose 
duty  it  is  to  take  up  tickets  or  collects  fares  from  piis- 
sengers  therein,  or  who  fails  to  obey  the  direction  of 
any  such  conductor,  manager  or  other  person,  as  afore- 
said, to  change  their  seats  from  time  to  time,  as  occa- 
sion requires,  pursuant  to  any  lawful  rule,  regulation 
or  custom  in  force  on  such  lines  as  to  assigning  separate 
seats  or  compartments,  or  other  space,  to  white  and 
colored  passengers,  respectively,  being  first  advised  of 
the  fact  of  such  regulation  and  requested  to  conform 
thereto,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than 
$5  nor  more  than  $25  for  each  offense. 

Each  conductor  or  motorman  in  the  employ  of  such 
carrier,  and  upon  the  car  or  coach  at  the  time,  shUl 
be  a  special  policeman,  and  have  all  the  powers  of  a 
conservator  of  the  peace  in  the  enforcement  of  this  A3t. 

No  owner  or  operator  of  any  such  line  of  railway 
shall  be  in  any  way  responsible  or  liable  in  damages  for 
the  conduct  of  any  conductor  or  motorman,  or  other 
person,  assisting  them  in  making  any  arrest  made  under 
the  provisions  of  this  Act.  and  any  conductor  or  motor- 
man,  or  other  person,  shall  not  be  in  any  case  liable  to 
anyone  for  any  lawful  act  done  in  the  enforcement  of 
the  arrest  required  or  permitted  by  this  Act. 


CHAPTER  247. 

COMMISSION    EMPOWERED    TO    CLOSE    DOCK.S. 

Approved  March  16,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

Closing  private  docks.  S  1.  That  the  State  corporati  )n 
commission  be,  and  is  hereby,  authorized,  upon  t  le 
application  of  the  owner  or  owners  thereof,  after  su  :h 
notice  as  it  may  deem  reasonable,  to  close  or  discc  n- 
tinue  any  private  dock  or  wharf  affected  with  a  pub  ic 
use  or  easement,  and  which  is  or  may  be  located  in  ir 
near  any  city  or  town  of  this  commonwealth,  where  t  le 
city  or  town  in  which  such  dock  or  wharf  may  be  o- 
cated,  is  establishing,  or  has  established,  docks  or  wharv  js 
open  to  the  public,  with  or  without  payment  of  tol  s, 
or  in  any  case  where  there  are  other  wharves  or  docl  s, 
public  or  private,  which  are  equally  open  to  the  pubic 
use. 

Discharge  of  easement.  S  2.  Upon  the  entry  of  in 
order  by  the  State  corporation  commission,  pursuant  to 
this  Act,  closing  or  discontinuing,  or  authorizing  t  le 
closing  or  discontinuance  of  any  such  wharf  or  do<  k, 
the  same  shall  thereupon  be  forever  discharged  fr<  m 
any  public  use  or  easement,  or  any  obligation  there  o- 
tbre  imposed  upon  the  owner  thereof,  or  those  under 
whom  he  claims,  by  statute  or  otherwise,  to  maintf  in 
the  same  as  a  dock  or  wharf  for  public  entry,  passage 
or  use,  and  the  same  may  thereafter  be  closed  and  dis- 
continued as  a  dock  or  wharf,  so  far  as  any  public  right 
of  use  or  enjoyment  thereof  may  be  concerned,  and  the 
owner  thereof  shall  have  the  right  to  use  or  dispose  of 
the  land  upon  which  the  said  dock  or  wharf  may  be 
located  just  as  it  it  had  never  been  charged  with  any 
public  use  or  easement. 

But  nothing  herein  contained  shall  be  held  to  Impilr 
the  obligation  of  any  contract  existing  at  the  time  of 
the  passage  of  this  Act  between  the  owner  of  such  wharf, 
or  his  predecessor,  in  the  title  and  individuals,  otl.er 
than  the  public. 

Repeal.  §  3.  All  Acts  and  parts  of  Acts  in  conflict  with 
this  Act  are  hereby   repealed. 

CHAPTER  171. 

AS  TO  TEIj;PH0NE  LANGrACE. 

Approved  March  14,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

§  1.  That  if  any  person  shall  curse  or  abuse  anyone,  or 
use  vulgar,  profane  or  indecent  language  over  any  tele- 
phone in  this  State,  he  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  be  punished  by  a  fine  of  not  more 
than  $100. 


I 


Public  Service  Laws 


1371 


CHAPTER  54a. 
prune  SERVICE  corporations. 
Be  it.  enacted  by  the  general  assembly  of  Virginia: 

Definition  of  terms.  ^  1294a.  1.  As  used  in  this  Act, 
the  words  "public  service  corporation,"  or  "public  serv- 
ice corporations,"  shall  include  transportation  and  trans- 
mission companies,  turnpike  and  other  internal  improve- 
ment companies,  and  gas,  pipe  line,  electric  light,  heat, 
power  and  water  supply  companies,  and  all  persons, 
firms,  partnerships,  associations  or  corporations  author- 
ized to  exercise  the  right  of  eminent  domain,  or  to  use 
or  occupy  any  street,  alley  or  public  highway,  whether 
along,  over  or  under  the  same,  in  a  manner  not  per- 
mitted to  the  general  public,  and  shall  exclude  all  mu- 
nicipal corporations  and  public  institutions  owned  or 
controlled   by   the   State. 

§  1294a.  2.  As  used  in  this  Act,  the  words  "transporta- 
tion company,"  or  "transportation  companies,"  shall  in- 
clude any  company,  trustee  or  other  person  owning, 
leasing  or  operating,  for  hire,  a  railroad,  street  railway, 
canal,  steamboat,  or  steamship  line;  and  also  any  freight 
car  company,  car  association,  car  service  association,  or 
car  trust,  express  company,  or  company,  trustee  or  per- 
son in  any  way  engaged  in  business  as  a  common  car- 
rier, over  a  route  acquired  in  whole  or  in  part  under 
the  right  of  eminent  domain. 

S  1294a.  3.  As  used  in  this  Act,  the  words  "transmis- 
sion company,"  or  "transmission  companies,"  shall  in- 
clude any  company  owning,  leasing  or  operating,  for 
hire,   any  telegraph   or  telephone  line. 

§  1294a.  4.  As  used  in  this  Act,  the  v.'ord  "railroad"  or 
"railroads"  shall  include  all  railroad  or  railway  lines, 
whether  operated  by  steam,  electricity  or  other  motive 
power,  except  when  otherwise  specifically  designated; 
and  the  words  "railroad  company"  or  "railroad  compa- 
nies" shall  include  any  company,  trustee  or  other  per- 
sons owning,  leasing  or  operating  a  railroad  or  railroads, 
railway  or  railways,  whether  operated  by  steam,  elec- 
tricity or  other  motive  power,  except  when  otherwise 
specifically   designated. 

CHAPTER  II. 

GENERAL   PROVISIONS. 

Rights  and  liabilities  of  one  corporation  crossing  the 
line  of  another — Inquiry  of  commission.  §  1294b.  3.  If 
any  railroad,  canal,  turnpike  or  other  public  service  cor- 
poration deems  it  necessary  in  the  construction  of  its 
works  to  cross  any  other  railroad,  canal,  turnpike  or 
works  of  any  other  public  service  corporation,  or  any 
county  road,  it  may  do  so;  provided,  such  crossing  shall 
be  so  located,  constructed  and  operated  as  not  to  impair, 
impede  or  obstruct,  in  any  material  degree,  the  works 
and  operations  of  the  railroad,  canal,  turnpike  or  other 
works  to  be  crossed;  and  provided,  such  crossing  shall  be 
supported  by  such  permanent  and  proper  structures  and 
fixtures,  and  shall  be  controlled  by  such  customary  and 
approved  appliances,  methods  and  regulations  as  will  best 
secure  the  safe  passage  and  transportation  of  persons 
and  property  along  such  crossing,  and  will  not  be  in- 
jurious to  the  works  of  the  company  to  be  crossed.  The 
cost  of  such  crossings,  their  appliances  and  apparatus, 
and  of  the  repair  and  operation  of  the  same,  shall  be 
borne  by  the  party  desiring  to  make  the  crossing.  Be- 
fore the  work  is  commenced  upon  the  crossing,  the  presi- 
dent or  general  managing  officer  of  the  company  which 
proposes  to  cross  the  works  of  another  company  shall 
submit  plans,  specifications,  appliances  and  methods  of 
operation  to  the  president  or  other  general  officer  of  the 
latter  company;  and.  if  the  said  plans  and  specifications 
are  not  accepted  within  30  days  after  the  same  have 
been  delivered  to  the  president,  or  any  general  officer  of 
the  company  whose  works  are  to  be  crossed,  the  president 
or  general  managing  officer  of  the  first-named  company 
may  then  proceed  with  the  construction  and  operation 
of  the  said  crossing,  under  the  plans  and  specifications, 
and  with  the  appliances  and  methods  so  submitted;  pro- 
vided, however,  the  president  or  general  managing  offi- 
cer of  the  company  whose  works  are  to  be  crossed  may, 
within  15  days  from  the  date  of  the  service  of  such  no- 
tice, apply  to  the  State  corporation  commission  to  in- 
quire into  the  necessity  for  such  crossing,  and  the  pro- 
priety of  the  proposed  location,  and  all  matters  pertain- 


ing to  its  construction  and  operation;  and  thereupon, 
within  30  days  from  the  date  of  the  service  of  the  first 
notice  aforesaid,  the  State  corporation  commission  in  its 
discretion  may,  by  notice  served  upon  both  companies, 
suspend  work  on  said  crossing  for  such  reasonable  time, 
prescribed  in  said  notice,  as  it  may  deem  necessary  to 
make  such  inquiry.  The  said  State  corporation  commis- 
sion may,  in  its  discretion,  where  railroads  or  canals  are. 
to  be  crossed  by  other  railroads  or  canals,  employ  ex- 
pert engineers,  at  a  cost  not  exceeding  $500,  to  be  paid 
equally  by  both  companies,  who  shall,  with  the  State 
corporation  commission,  or  some  member  thereof,  or 
such  person  as  the  said  commission  may  designate, 
examine  the  location,  plans,  specifications,  appliances  and 
methods  proposed  to  be  employed,  and  shall  hear  any 
objections  and  consider  any  modifications  that  the  com- 
pany whose  line  is  to  be  crossed  desires  to  offer,  and 
within  such  time  as  the  State  corporation  commission 
may  fix  and  shall  respect,  approve  or  modify  the  said  plans 
and  specifications,  which  shall,  unless  an  appeal  be  taken 
to  the  Supreme  Court  of  Appeals  within  30  days  from 
the  date  of  the  final  order  of  said  commission,  be  final 
and  binding  on  both  companies.  If  any  such  company 
desires  that  the  course  of  any  other  railroad,  turnpike, 
canal  or  other  works  shall  be  changed  to  avoid  the 
necessity  of  any  crossing,  or  frequent  crossings  of  the 
same,  the  change  may  be  made  in  such  manner  and  on 
such  terms  as  may  be  agreed  on  by  the  company  desir- 
ing the  change,  and  the  company,  person  or  county  own- 
ing or  having  charge  of  the  works  to  be  affected  by  such 
change.  If  any  such  crossing  or  change  as  is  provided  in 
this  section  cause  damage  to  the  works  of  any  company, 
or  of  any  county,  or  to  the  owner  or  occupant  of  any 
lands,  the  company  exercising  the  privileges  herein 
granted  shall  make  proper  compensation  for  such  dam- 
age. Upon  the  failure  of  the  company  desiring  to  make 
the  crossing  to  receive  notice  of  the  acceptance  of  the 
said  plans  and  specifications  within  30  days  from  giving 
the  notice  aforesaid,  or  upon  the  adoption  of  the  plans, 
appliances  and  methods  by  the  State  corjioration  com- 
mission, or  if  an  appeal  be  taken  as  aforesaid,  upon 
the  adoption  by  the  Supreme  Court  of  Appeals  of  the 
plans,  appliances  and  methods,  and  the  payment  of  the 
proper  compensation  for  damages  by  the  company  desir- 
ing to  cross  the  works  of  another  company,  such  dam- 
ages to  be  ascertained  according  to  the  laws  regulating 
the  exercise  of  the  right  of  eminent  domain,  work  may 
be  commenced  immediately,  and  no  order  shall  be  made, 
and  no  injunction  awarded  by  any  court  or  judge  to 
stay  the  proceedings  or  prosecution  of  the  work;  but 
any  county  road,  or  stream,  or  watercourse,  may  be 
altered  by  any  such  company  for  the  purposes  aforesaid 
whenever  it  shall  have  made  an  equally  convenient  road 
or  waterway  in  lieu  thereof,  the  said  company  having 
first  obtained  the  consent  of  the  board  of  supervisors 
of  the  county  to  the  alteration  of  any   road   or   highway. 

Sale.  6.  No  sale  of  any  railroad,  canal,  turnpike  or 
other  work  of  internal  improvement  in  which  the  State  is 
stockholder,  or  otherwise  interested,  shall  take  place, 
whether  by  virtue  of  mortgage,  deed  of  trust,  judgment! 
decree  or  other  lien,  without  90  days'  notice  in  one  or 
more  newspapers  published  in  the  city  of  Richmond,  and 
in  a  newspaper,  if  any,  published  in  the  county  wherein- 
such  railroad,  canal,  turnpike  or  other  work  of  internal 
improvement  is  situated  and,  further,  without  90  days' 
notice  served  on  the  State  corporation  commission  by  the 
person   authorized   to   make   the  same. 

Annual  report.  9.  Every  railroad,  canal,  turnpike  or 
other  internal  improvement  company,  to  the  stock  of 
which  there  has  been  a  subscription  on  behalf  of  the 
State,  shall,  on  or  before  the  first  day  of  September  in 
each  year,  make  a  report  to  the  State  corporation  com- 
mission, setting  forth  the  condition  of  the  work;  the  ex- 
penditures for  such  year,  and  receipts  for  the  same  time; 
and  how  much  from  each  source  of  revenue.  The  report 
shall  be  accompanied  by  a  list  of  the  stockholders  in  the 
company  at  the  time  of  making  the  same,  and  shall  give 
such  other  information  respecting  the  affairs  under  the 
management  of  those  making  it  as  said  commission  may, 
previous  to  the  first  day  of  September,  have  requested. 

Remedies.  19.  Any  person  or  corporation  aggrieved  by 
anything  done  or  omitted  in  violation  of  any  of  the  pro- 


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National  Association  of  Railway  Commissioners 


visions  of  this  Act,  by  any  public  service  corporation 
chartered  or  doing  business  in  this  State,  shall  have  the 
right  to  make  complaint  of  the  grievance  and  seek  relief 
by  petition  against  such  public  service  corporation  be- 
fore the  State  corporation  commission,  sitting  as  a  court 
of  record.  If  the  grievance  complained  of  be  established, 
the  State  corporation  commission,  sitting  as  a  court  of 
record,  shall  have  jurisdiction,  by  injunction,  to  restrain 
such  public  service  corporation  from  continuing  the  same, 
and  to  enjoin  obedience  to  the  requirements  of  this  Act, 
and  the  said  commission,  sitting  as  a  court  of  record, 
shall  also  have  jurisdiction,  by  mandamus,  to  compel  any 
public  service  corporation  to  observe  and  perform  any 
public  duty  imposed  upon  public  service  corporations  by 
the  laws  of  this  commonwealth,  subject  as  to  any  matter 
arising  under  this  section  to  the  right  of  appeal  to  the 
Supreme  Court  of  Appeals  by  either  party  as  of  right 
in  the  mode  prescribed  by  law,  but  nothing  in  this  section 
shall  be  construed  to  confer  any  power  upon  the  State 
corporation  commission  which  is  forbidden  to  the  courts 
by  §  12  of  chapter  4  of  this  Act. 

Common-law  remedy.  20.  Nothing  in  this  Act  con- 
tained shall  in  any  way  abridge  or  alter  the  remedies  at 
common  law  or  by  statute,  but  the  provisions  of  this  Act 
are  in  addition  to  such  remedies;  provided,  that  no  pend- 
ing litigation  shall  in  any  way  be  affected  by  this  Act. 

CHAPTER  III. 

TRANSPORTATION   COMPANIES. 

Charges  —  Interstate  Commerce  Commission  —  Special 
rates.  §  1294c.  1.  It  shall  be  unlawful  for  any  transporta- 
tion company  doing  business  in  this  State  to  take, 
charge,  or  receive  any  greater  compensation  in  the  ag- 
gregate for  the  transportation  of  passengers  of  the 
same  class  of  property  along  the  same  line  in  the  same 
direction  for  a  shorter  than  for  a  longer  distance,  the 
shorter  being  included  within  the  longer  distance.  But 
this  section  shall  not  be  construed  as  authorizing  any 
such  company  to  charge  and  receive  as  great  compen- 
sation for  a  shorter  as  for  a  longer  distance;  provided, 
however,  that  upon  application  to  the  State  corporation 
commission  any  such  company  may,  in  special  cases, 
after  investigation  by  the  said  commission,  be  authorized 
to  charge  less  for  longer  than  for  shorter  distances  for 
the  transportation  of  passengers  or  property,  and  the 
said  commission  may,  from  time  to  time,  subject  to  the 
provisions  of  the  constitution,  prescribe  the  extent  to 
which  such  designated  company  may  be  relieved  from 
the  operation  of  this  section;  provided,  that  nothing 
in  this  chapter  contained  shall  be  taken  as  in  any  man- 
ner abridging  or  controlling  the  rates  of  freight  charged 
by  any  transportation  company  In  this  State  for  con- 
veying freight  which  comes  from,  or  goes  beyond,  the 
boundaries  of  the  State,  and  on  which  freight  less  than 
local  rates  on  any  transportation  line  carrying  the  same 
are  charged  by  such  company,  but  said  company  shall 
possess  the  same  power  and  right  to  charge  such  rates 
for  carrying  such  freight  as  they  possessed  before  the 
passage  of  this  Act;  provided,  further,  however,  that  upon 
the  complaint  of  any  person  or  persons,  corporation 
or  corporations,  to  said  commission  of  any  unjust  dis- 
crimination in  carrying  freight  which  comes  from,  or 
goes  beyond,  the  boundaries  of  the  State  by  any  trans- 
iwrtation  company,  whether  organized  under  the  laws 
of  this  State  or  organized  under  the  laws  of  another 
State,  and  doing  business  in  this  State,  the  said  com- 
mission may,  in  its  discretion,  and  if  it  shall  be  of 
opinion  that  the  public  welfare  requires  it,  investigate 
said  complaint,  and  If  the  same  be  sustained,  it  shall 
be  the  duty  of  said  commission  to  bring  said  complaint 
before  the  Interstate  Commerce  Commission  for  re- 
dress in  accordance  with  the  provisions  of  the  Act  of 
congress  establishing  said  Interstate  Commerce  Com- 
mission, in  which  cases  they  shall  receive,  upon  applica- 
tion, the  services  of  the  attorney-general  of  the  State. 
and  he  shall  represent  them  before  the  Interstate  Com- 
merce Commission;  provided,  further,  that  nothing  in 
this  chapter  shall  prohibit  railroad  or  steamboat  com- 
panies from  making  special  passenger  rates  with  ex- 
cursion or  other  parties;  also  rates  on  such  freights  as 
are  necessary  for  the  comfort  of  such  parties,  subject 
to    the   approval   of   the   State   corporation    commission. 

Discrimination.      2.      If    any    transportation    company 


shall,  directly  or  indirectly,  by  any  special  rate,  rebate, 
drawback,  or  other  device,  charge,  demand,  collect,  or 
receive  from  any  corporation,  person,  or  persons,  a 
greater  or  less  compensation  for  any  service  rendered, 
or  to  be  rendered  in  the  transportation  of  passengers 
or  property,  subject  to  the  provisions  of  this  chapter, 
than  it  charges,  demands,  collects,  or  receives  from  any 
other  corporation,  person,  or  persons  for  doing  for  him 
or  them  a  like  contemporaneous  service  in  the  trans- 
portation of  a  like  kind  of  traffic  under  substantially 
similar  circumstances  and  conditions,  such  company  shall 
be  deemed  guilty  of  unjust  discrimination,  which  is 
hereby    prohibited   and   declared   to   be   unla^^ful. 

Undue  preference.  3.  It  shall  be  unlawful  for  any 
transportation  company  to  make  or  to  give  any  undue 
or  unreasonable  preference  or  advantage  to  any  particu- 
lar person,  company,  firm,  corporation,  or  locality,  or 
to  any  particular  description  of  traffic,  in  any  respect 
whatsoever,  or  to  subject  any  particular  person,  com- 
pany, firm,  corporation,  or  locality,  or  any  particular 
description  of  traffic,  to  any  undue  or  unreasonable 
prejudice    or   disadvantage   In   any   respect   whatsoever. 

Reasonable  facilities.  4.  All  transportation  companies 
shall,  according  to  their  respective  powers,  and  with 
due  regard  to  the  exigencies  of  their  other  traffic,  affcrd 
all  reasonable,  proper,  and  equal  facilities  tor  the  inter- 
change of  traffic  between  their  respective  lines,  and  'or 
receiving,  forwarding,  and  delivering  of  passengers  and 
property  to  and  from  their  several  lines,  and  those  cdu- 
nectlng  therewith,  and  shall  not  discriminate  in  th  ;ir 
rates  and  charges  between  such  connecting  lines;  1  ut 
this  shall  not  be  construed  as  requiring  any  such  ccm- 
pany  to  establish  or  maintain  unremunerative  train  se  'v- 
Ice,  or  to  give  the  use  of  Its  track  or  terminal  fac  li- 
lies to  another  company  engaged  in  a  like  business. 

Schedule  of  rates.  5.  Every  transportation  compa  ly 
shall  print  and  keep  open  to  public  inspection  schedu!  es 
showing  the  rates  and  fares  and  charges  for  the  trans- 
portation of  passengers  and  property  which  have  be  ;n 
established  and  which  are  in  force  at  the  time  up  m 
its  route.  The  schedules  printed  as  aforesaid  by  a  ly 
such  company  shall  plainly  state  the  places  upon  ts 
route  between  which  property  and  passengers  will  )e 
carried,  and  shall  contain  the  classification  of  freight 
in  force,  and  shall  also  state  separately  the  termli  al 
charges,  and  any  rules  and  regulations  which  In  ai  y- 
wise  change,  affect,  or  determine  any  part,  or  the  agg  e- 
gate  of  such  aforesaid  rates  and  fares  and  charg-  s. 
Such  schedules  shall  be  plainly  printed  in  large  ty;  e, 
and  copies  for  the  use  of  the  public  shall  be  posted  or 
exhibited  in  two  public  and  conspicuous  places  in  ev<  ry 
depot,  station,  or  office  of  such  company,  where  passi  n- 
gers  or  freight,  respectively,  are  received  for  transpor  a- 
tion,  in  such  form  that  they  shall  be  accessible  to  t  le 
public,   and   can   be   conveniently  inspected. 

No  advance  except  approval  of  commission.  6.  No  i  d- 
vance  shall  be  made  in  the  rates,  fares  and  charges 
which  have  been  established  and  published  as  aforesa  d, 
until  the  same  are  submitted  to  and  approved  by  tie 
State  corporation  commission;  and  when  so  advanced 
10  days'  public  notice  thereof  shall  be  given,  whi  ?h 
shall  plainly  state  the  changes  made  in  the  schedi  le 
then  In  force,  and  the  time  when  the  increased  rates 
and  fares  and  charges  will  go  into  effect;  and  the  po- 
posed  changes  shall  be  shown  by  printing  new  schedul  !S, 
or  shall  be  plainly  indicated  upon  the  schedules  In  foice 
at  the  time,  and  kept  open  to  public  inspection. 

Publish  tariff.  7.  And  when  the  State  corporation  com- 
mission shall  have  either  authorized  or  prescribed  and 
published  any  such  rates,  fares  and  charges,  it  shall  be 
unlawful  tor  any  such  company  to  charge,  demand,  col- 
lect or  receive  from  any  person  or  persons  a  greater  or 
less  compensation  for  the  transportation  of  pa8seng<!r3 
or  property,  or  for  any  services  in  connection  there- 
with, than  is  specified  In  such  published  schedule  of 
rates,  fares  and  charges,  so  authorized,  or  prescribed 
and  published  by  said  commission,  unless  or  urtil 
changed   by  the   State   corporation   commission. 

Submit  schedule  to  co7nmission.  8.  Every  transporta- 
tion company  shall  submit  to  the  State  corporation  com- 
mission all  of  Its  schedules  of  rates,  fares  and  charges, 
and   of  all   changes   made  in  the  same. 


Public  Service  Laws 


1373 


Falsification — Penalty.  9.  Any  transportation  company, 
or  officer  or  agent  thereof,  or  any  person  acting  for  or 
employed  by  tlie  same,  who,  by  means  of  false  billing, 
false  classification,  false  weighing,  or  false  report  of 
weight,  or  by  any  other  device  or  means,  shall  know- 
ingly and  wilfully  assist,  or  shall  willingly  suffer  or 
permit  any  person  or  persons  to  obtain  transportation 
for  property  at  less  than  the  regular  rates  then  estab- 
lished and  in  force  on  the  line  of  transportation  of  such 
company,  shall  be  fined  not  less"  than  $100  nor  more  than 
$500. 

Same.  10.  Any  person,  or  any  officer  of  any  corpora- 
tion or  company,  who  shall  deliver  property  for  trans- 
portation to  any  transportation  company,  or  for  whom 
as  consignor  or  consignee  any  such  transportation  com- 
pany or  line  shall  transport  property,  who  shall  know- 
ingly and  wilfully,  by  false  billing,  false  classification, 
false  weighing,  false  representation  of  the  contents  of 
the  package,  or  false  report  of  weight,  or  by  any  other 
fraudulent  device  or  means,  whether  with  or  without  the 
consent  or  connivance  of  the  carrier,  its  agent  or  agents, 
obtain  transportation  for  such  property  at  less  than  the 
regular  rates  then  established  and  in  force  on  the  line 
of  transportation,  shall  be  fined  not  less  than  $100  nor 
more   than   $500   for  each  offense. 

Unjust  discrimination — Penalty.  11.  If  any  person,  or 
any  officer  or  agent  of  any  corporation  or  company  shall, 
by  the  payment  of  money  or  other  things  of  value,  so- 
licitation, or  otherwise,  fradulently  induce  any  trans- 
portation company  or  any  of  its  officers  or  agents,  to 
unjustly  discriminate  in  his,  its  or  their  favor  as  against 
any  other  consignor  or  consignee  in  the  transportation 
of  property  or  shall  aid  or  abet  any  transportation  com- 
pany in  any  such  unjust  discrimination,  such  person  or 
such  officer  or  agent  of  such  corporation  or  company 
shall  be  fined  not  less  than  $100  nor  more  than  $500  for 
each  offense. 

When  reduced  rates  or  free  carriage  may  he  given.  15. 
Nothing  in  this  chapter  shall  apply  to  the  carriage,  storage, 
or  handling  of  property  free  or  at  reduced  rates,  when 
such  rates  have  been  authorized  or  prescribed  by  the  State 
corporation  commission  for  the  United  States,  State, 
or  municipal  governments,  or  for  charitable  purposes,  or 
to  or  from  fairs  and  expositions  for  exhibition  thereat, 
or  the  free  carriage  of  homeless  and  destitute  persons, 
and  the  necessary  agents  employed  in  such  transporta- 
tion, or  to  mileage,  excursion,  or  commutation  passen- 
ger tickets,  or  to  persons  in  charge  of  live  stock  being 
shipped  from  the  point  of  shipment  to  the  point  of  des- 
tination and  return.  Nothing  in  this  chapter  shall  be 
construed  to  prohibit  any  transportation  company  from 
giving  reduced  rates  to  ministers  of  religion,  or  to  indi- 
gent persons,  or  to  inmates  of  the  Confederate  homes 
or  State  homes  for  disabled  soldiers  and  sailors,  or  to 
disabled  soldiers  and  sailors,  including  those  about  to 
enter,  and  those  returning  home  after  discharge,  or  car- 
rying the  same  free;  nothing  in  this  chapter  shall  be 
construed  to  prevent  transportation  companies  from 
giving  free  carriage  to  their  own  officers,  employes, 
and  members  of  their  families,  or  to  any  other  person 
or  persons  to '  whom  the  giving  of  such  free  carriage  is 
not  prohibited  by  the  constitution  of  this  State,  or  to 
prevent  the  principal  officers  of  any  transportation  com- 
pany from  exchanging  passes  or  tickets  with  other  trans- 
portation companies  for  their  officers,  employes,  and 
members   of  their   families. 

Contracts  for  rates  —  Submit  to  commission  otherwise 
void.  16.  All  contracts  and  agreements  hereafter  made 
and  entered  into  between  transportation  companies  do- 
ing business  in  this  State,  as  to  rates  or  freight  and 
passenger  tariffs,  shall  be  submitted  to  the  State  corpo- 
ration commission  for  inspection,  that  it  may  be  seen 
whether  or  not  they  are  in  violation  of  law  or  of  the 
rules  and  regulations  of  said  commission;  and  all  ar- 
rangements and  agreements  whatever  as  to  the  division 
of  earnings  of  any  kind  by  competing  transportation 
companies  doing  business  in  this  State  shall  be  sub- 
mitted to  said  commission  for  inspection  in  so  far  as 
they  affect  the  rules  and  regulations  made  by  said  com- 
mission to  secure  to  all  persons  doing  business  with 
said  companies  just  and  reasonable  rates  of  freight  and 
passenger  tariffs,  and  any  such  agreements  disapproved 
by  virtue  of  which  rates  shall  be  charged  exceeding  the 


rates  fixed  for  freight  and  passengers  shall  be  deemed, 
held,  and  taken  to  be  violations  of  the  provisions  of 
this    chapter,    and    shall   be   illegal    and    void. 

Revise  rates — Schedule  prima  facie  evidence.  17.  The 
reasonableness,  justness,  and  validity  of  any  rate, 
charge,  classification  or  traffic,  regulation  or  require- 
ment, theretofore  prescribed  by  the  State  corporation 
commission,  within  the  scope  of  its  authority  and  then 
in  force,  shall  not  be  questioned  in  suits  brought  by  any 
person  in  the  ordinary  courts  of  justice,  against  any 
transportation  company  wherein  is  involved  the  charges 
of  any  such  company  for  the  transportation  of  any  pas- 
senger or  freight,  or  cars,  or  unjust  discrimination  in 
relation  thereto,  but  in  all  courts  of  this  State  shall  be 
conclusively  presumed  to  be  reasonable,  just,  and  valid; 
and  said  commission  shall,  from  time  to  time,  and  as 
often  as  circumstances  may  require,  prescribe,  change, 
and  revise,  or  cause  to  be  changed  and  revised,  the 
schedules  of  rates,  charges,  and  classification  or  traffic 
of  transportation  companies.  All  such  schedules  shall 
be  received  and  held  in  all  such  suits  as  prima  facie 
the  schedules  of  the  State  corporation  commission,  with- 
out further  proof  than  the  production  of  the  schedules 
desired  to  be  used  as  evidence,  with  a  certificate  of  the 
clerk  of  the  commission  that  the  same  is  a  true  copy 
of  the  schedule  prepared  or  approved  by  said  commis- 
sion  for   the    transportation    company   therein    named. 

Trackage  case.  19.  All  lawful  transportation  compa- 
nies shall  obey  all  rules  and  regulations  made  by  the 
State  corporation  commission  relating  to  trackage  in 
cases  where  the  public  necessity  for  such  trackage 
exists.  Any  violation  of  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  not  less  than  $100,  or 
exceeding   $1,000,    for   each   and   every   offense. 

Explosives.  20.  No  transportation  company  shall  know- 
ingly transport  within  the  territorial  limits  of  this  com- 
monwealth, or  knowingly  transport  into  such  limits  for 
sale,  storage,  or  use  therein,  any  explosive  compound  in 
quantities  exceeding  the  amounts  hereinafter  provided 
for,  in  any  vehicle  containing  passengers,  or  in  any 
vehicle  attached  to  any  railroad  train  or  vehicle  contain- 
ing passengers,  or  in  any  case,  unless  the  said  explosive 
compounds  be  plainly  and  legibly  marked  with  the 
names  of  such  compounds  and  the  words  "explosive," 
"dangerous."  It  shall  be  the  duty  of  the  State  corpora- 
tion commission,  from  time  to  time,  to  make  rules 
fixing  the  maximum  amounts  of  various  explosive  com- 
pounds which  may  be  so  carried  in  any  public  vehicle  at- 
tached to  such  train,  or  in  any  car  or  public  vehicle, 
whether  freight  or  passenger,  and  the  method  of  pack- 
ing; and  said  rules,  subscribed  by  the  clerk  of  said 
commission,  shall  be  published  for  the  period  of  four 
weeks  in  a  daily  paper  published  in  the  city  of  Rich- 
mond, and  a  copy  of  said  rules,  certified  by  the  clerk 
of  said  commission,  and  a  like  certificate  of  the  fact 
of  their  due  publication,  shall  in  all  cases  be  legal 
and  conclusive  proof  of  said  rules  and  of  the  proper 
publication  thereof. 

Penalty.  21.  Any  transportation  company  that  shall 
knowingly  transport  any  explosive  contrary  to  the  rules 
prescribed  as  aforesaid  by  the  State  corporation  com- 
mission, after  they  shall  have  been  published  as  in  §  21 
required,  or  who  shall  send  or  receive  such  explosive 
compound  not  marked  as  aforesaid,  or  who  shall  send 
such  explosive  compound  not  packed  as  required  by  said 
rules;  or  any  conductor  of  a  train  of  'cars  on  any  rail- 
road, or  captain  of  a  steamboat,  or  person  in  charge  of 
any  public  vehicle  engaged  in  transporting  passengers 
or  freight,  who  shall  knowingly  fail  to  observe  said 
rules  in  transporting  an  explosive  compound  after  the 
same  shall  have  been  published  as  aforesaid,  shall  be 
fined  not  less  than  $50  nor  more  than  $500. 

Report  to  commission.  22.  Every  officer,  agent  or  em- 
ploye of  any  transportation  company  who  shall  wilfully 
neglect  or  refuse  to  make  and  furnish  any  report  law- 
fully required  by  the  State  corporation  commission  for 
the  purposes  of  this  Act,  or  who  shall  wilfully  or  unlaw- 
fully hinder,  delay,  or  obstruct  the  said  commission  in 
the  discharge  of  the  duties  imposed  upon  it  by  the 
constitution,  or  by  law,  connected  with  the  objects  and 
purposes  of  this  Act,  shall  be  fined  $500  for  each  of- 
fense. 


1374 


National  Association  of  Railway  Commissioners 


Rule  and  regulation — Penalty.  23.  Any  transportation 
company  or  corporation  which  violates  any  of  the  provi- 
sions of  this  chapter,  or  refuses  to  conform  to  or  obey 
any  lawful  rule,  order,  or  regulation  of  the  State  cor- 
poration commission  relating  to  the  provisions  of  this 
chapter,  may,  when  not  otherwise  provided  in  this 
chapter,  be  fined  by  the  State  corporation  commission, 
in  its  discretion,  in  sum  not  exceeding  $500  for  each 
offense,  and  each  day  such  company  or  corporation  con- 
tinues to  violate  any  provision  of  this  chapter,  or  con- 
tinues to  refuse  to  obey  or  perform  any  lawful  rule, 
order,  or  regulation  prescribed  by  the  State  corporation 
commission,  shall  be  a  separate  offense. 

Loss  or  damage  to  property  by  carrier  prima  facie  evi- 
dence of  negligence.  24.  Whenever  any  property  is  re- 
ceived by  a  common  carrier  to  be  transferred  from  one 
place  to  another,  within  or  without  this  State,  or  when 
a  railroad  or  other  transportation  company  issues  its 
receipts  or  bills  of  lading  in  this  State,  the  common 
carrier,  railroad  or  transportation  company  issuing  such 
bill  of  lading  shall  be  liable  for  any  loss  or  damage  or 
injury  to  such  property  caused  by  its  negligence  or  the 
negligence  of  any  common  carrier,  railroad  or  trans- 
portation company  operating  within  any  Territory  or 
State  of  the  United  States  to  which  such  property  may 
be  delivered,  or  over  whose  lines  such  property  may 
pass;  and  the  fact  of  loss  or  damage  in  such  case  shall 
Itself  be  prima  facie  evidence  of  negligence,  and  the 
common  carrier,  railroad  or  transportation  company 
issuing  any  such  receipt  or  bill  of  lading  shall  be  en- 
titled to  recover  in  a  proper  action  the  amount  of  any 
loss,  damage,  or  injury  it  may  be  required  to  pay  to 
the  owner  of  such  property  from  the  common  carrier, 
railroad  or  transportation  company  aforesaid  through 
whose  negligence  the  loss,  damage,  or  injury  may  be 
sustained.  No  contract,  receipt,  rule,  or  regulation  shall 
exempt  any  such  common  carrier,  railroad  or  transpor- 
tation company  from  the  liability  of  a  common  carrier 
which  would  exist  had  no  contract  been  made  or  en- 
tered   into. 

The  receipt  of  goods  destined  to  a  point  beyond  the 
line  or  route  of  the  initial  carrier,  or  the  acceptance  of 
through  freight  on  same,  shall  be  deemed  to  be  a  con- 
tract for  carriage  to  ultimate  destination  and  delivery  of 
such  property  at  that  point.  And  unless  the  common 
carrier,  railroad  or  transportation  company  first  receiv- 
ing such  property  shall,  within  a  reasonable  time  after 
loss  or  damage  thereto,  pay  to  the  consignor,  his  agent 
or  assignee  the  amount  of  damage  sustained  thereby, 
then  such  consignor,  his  agent  or  assignee  may  by 
proper  action  recover  of  such  common  carrier,  railroad 
or  transportation  company  first  receiving  such  property 
the   amount   of   such   loss   or   damage. 

No  agreement  from  negligence  valid.  25.  No  agreement 
made  by  a  transportation  company  for  exemption  from 
liability  for  injury  or  loss  occasioned  by  its  own  neglect 
or   misconduct  as  a  common   carrier  shall  be  valid. 

Penalty.  27.  If  any  railroad  or  other  transportation 
company,  when  directed  by  a  valid  order  of  the  State 
corporation  commission,  refuses  or  fails  to  make  neces- 
sary repairs  or  additions  to  Its  rolling  stock,  or  addition 
or  improvement  to  its  equipment,  or  any  enlargement  of 
or  Improvement  in  its  stations,  station  houses,  wharves  or 
landings,  or  any  change  in  the  mode  of  operating  its 
road  or  transportation  line,  or  in  conducting  its  business, 
which  the  said  commission  deems  reasonable  and  ex- 
pedient in  order  to  promote  the  security,  convenience  and 
accommodation  of  the  public,  such  company  shall,  in  the 
discretion  of  the  said  commission,  be  fined  not  less 
than  $100  nor  more  than  $1,000. 

CHAPTER  IV. 

RAILROADS   AXD  RAILROAD  COMPANIES. 

Railroad  depot — Duty  of  train  dispatcher.  §  1294d.  11. 
Every  railroad  company  doing  business  in  this  State  shall 
establish  and  maintain  along  its  line,  at  depots  or  sta- 
tions not  more  than  10  miles  apart,  telegraphic  or  tele- 
phonic offices  to  be  operated  by  competent  persons  in  the 
employ  of  such  company;  provided,  however,  that  the 
State  corporation  commission  may  grant  such  company 
In  any  special  case  permission  to  have  its  telegraphic  or 
telephonic  offices  at  a  greater  distance  from  each  other 
than    10,   but   not   more   than   15,    miles;    but,   in    case  of 


11 


narrow  gauge  roads,  the  State  corporation  commission 
may  extend  the  limit  beyond  15  miles.  It  shall  be  the 
duty  of  every  operator  to  telegraph  or  telephone  the 
arrival  and  departure  of  every  train  so  soon  as  it  shall 
leave  the  depot  or  station,  to  the  train  dispatcher  or 
other  person  regulating  the  running  of  trains,  and  if  there 
be  no  such  person,  then  to  the  nearest  telegraph  or  tele- 
phone office  in  the  direction  in  which  such  train  is  going. 
The  person  receiving  the  message  shall  forthwith  give 
such  order  or  notification  by  telegram,  telephone  or  by 
such  proper  signals  as  may  be  necessary  to  prevent  any 
collision  of  traiqs.  Every  railroad  company  falling  to 
establish  and  maintain  such  offices  shall,  in  the  discre- 
tion of  the  State  corporation  commission,  be  fined  not 
less  than  $100  nor  more  than  $1,000  for  each  offense,  and 
any  such  failure  for  three  months  shall  be  deemed  a 
separate  offense;  and  any  operator  or  train  dispatcher 
falling  to  comply  with  the  requirements  of  this  section 
shall  be  liable  to  a  like  fine,  in  the  discretion  of  the 
court  or  jury. 

Cattle  guard — Remedy — Penalty.  16.  It  shall  be  the 
duty  of  every  railroad  company  whose  road  passes  through 
any  enclosed  lands  in  this  State  to  construct  and  keep  ii; 
good  order  cattle  guards  reasonably  sufficient  to  preveni 
the  passage  of  stock  of  every  kind  over  such  land  at  any 
point  where  a  fence  may  be  necessary  or  proper,  whether 
it  be  a  division  fence  between  contiguous  farms  or  be 
tween  different  parcels  or  tracts  belonging  to  the  san 
person,  or  a  fence  along  a  public  highway.  Such  catlj 
guards  shall  be  constructed  on  the  request  of  the  lant 
owner,  in  writing,  made  to  any  section  master  or  em 
ploye  of  the  company  having  charge  or  supervision  oi 
the  road  at  that  point.  If  the  company  refuse  or  fall 
for  10  days  after  such  request,  to  construct  the  catth 
guards  at  the  place  designated,  the  owner  having  giver 
10  days'  notice  in  writing  to  such  section  master  oi 
employe,  may  apply,  until  February  1,  1904,  to  the  Count} 
Court,  and  on  and  after  February  1,  1904,  to  the  Circuit 
Court  of  such  county  for  the  appointment  of  three  dis 
interested  freeholders,  whose  duty  it  shall  be  to  go  or 
the  land  and  determine  whether  the  proposed  cattl* 
guard  shall  be  constructed.  Their  decision  shall  be  ir 
writing,  and  shall  be  forthwith  returned  to  and  filed  ir 
the  office  of  the  clerk  of  such  county.  If  such  decisioi 
be  that  the  cattle  guard  ought  to  be  constructed,  th< 
company  shall,  within  30  days  thereafter,  construct  th( 
same.  Upon  its  failure  so  to  do,  it  shall  pay  to  th« 
land  owner  $5  for  every  day  of  such  failure.  Any  styl( 
of  cattle  guard  approved  by  the  State  corporation  com 
mission  shall,  if  properly  established  and  maintained,  b< 
deemed  a  sufficient  cattle  guard  within  the  meaning  o 
this   chapter. 

Danger  signal.     36.     Where  any   railroad  track  passei 
under    any    bridge,    tunnel    or    structure,    not    sufficientlj 
high  to  admit  of  the  safe  passage  of  cars  upon  such  rail 
road  tracks,  with  the  servants  and  employes  standing  a 
their   posts  of  duty  on  said   cars,  the  person  or  persons 
firm   or   corporation   operating  said   railroad   and   runninf 
its    trains    thereon    shall    erect    and    maintain,    at    prope: 
distances  on  each  side  of  such  bridge,  tunnel  or  structun 
warning  signals  of  approved  design,   and   in   general   use 
to   warn   the   servants   and   employes,   or   those    operatlnj 
such    railroads,    of   the    approach    to    such    bridge,    tunnel 
or   structure,  and  the  failure  to  erect  and   maintain  such 
danger    signals    shall    make    those    operating    such    rail- 
roads  liable  in   damages   for  the  death   or   Injury   of  an; 
employe  or  servant  resulting  from  the  insufficient  heigh; 
of    such    bridge,    tunnel    or    structure,    and    no    contract, 
express    or    implied,    and    no    plea    of,    or   defense    based 
upon,   the  contributory  negligence  of  the   servant  or  em- 
ploye shall   relieve  those  operating  such  railroads  of  th  > 
liability    imiKised    hereby.      The    State    corporation    con - 
mission   is  hereby  authorized,  by  general  or  special  regu- 
lations or   order,   to   determine  or   approve   the   character    ! 
and  location  of  any  danger  signal  which  may  be  erected    ■ 
and  maintained  to  comply  with  the  provisions  of  this  Act,    i 
and  any  and  every  danger  signal  constructed  and  located    ■ 
as  the  said  commission  shall  determine  and  approve  shall 
be    deemed    within    the    meaning    of    this    Act    to    be    an 
approved    danger    signal    and    erected   at   the    proper    dis-   j 
tance  on  each  side  of  such   bridge,  tunnel  or  structure.       I 

37.    Any   railroad    company    heretofore,    or    that    may 


Public  Servioe  Laws 


1375 


hereafter  be,  incorporated  and  authorized  to  construct  a 
railroad  within  the  jurisdiction  of  this  State  shall,  when 
such  railroad  is  constructed  to  any  other  railroad  track, 
or  the  right  of  way  of  any  other  railroad  being  operated 
under  the  laws  of  this  State,  have  the  right  to  connect 
with  such  railroad  in  any  county  of  this  State  at  its  own 
cost,  at  any  suitable  point  that  may  be  agreed  upon  be- 
tween the  chief  engineers  of  the  two  railroad  companies, 
and  if  the  said  engineers  shall  fail  to  agree,  the  State 
corporation  commission  may,  after  hearing  evidence,  de- 
cide the  question  in  dispute  and  enter  the  proper  order. 
But  such  connection,  if  made,  and  all  costs  and  expenses 
of  such  operation  and  maintenance  of  such  connection, 
including  signals  and  other  things  deemed  necessary  by 
the  company  with  which  said  connection  is  made,  for 
the  proper  operation  and  protection  thereof,  shall  be 
borne  and  paid  by  the  company  making  such  connection. 
Duties  as  to  crossings.  39.  At  every  existing  crossing, 
such  as  is  mentioned  in  the  preceding  section,  the  grade 
of  the  work  last  constructed,  to  the  full  width  of  the  road 
crossing,  shall  be  made  sufficiently  smooth  and  level  to 
admit  of  safe  and  speedy  travel  over  such  crossing.  When 
such  improvement  is  to  be  made  in  a  railroad,  it  shall  be 
made  by  the  corporation,  company  or  person  operating 
the  same.  When  it  is  to  be  made  in  a  county  road, 
street  or  other  highway,  it  shall  be  made  by  the  corpora- 
tion whose  track  is  to  be  crossed,  and  the  expense  shall 
be  borne  equally  by  said  corporation  and  by  county,  city 
or  town  having  control  of  such  county  road,  street  or 
other  highway.  When  the  crossing  is  at  an  elevation, 
the  approaches  and  structures  shall  be  safe,  permanent 
and  substantial,  and  when  the  crossing  is  underneath 
the  road  to  be  crossed,  the  road,  street  or  highway  and 
all  necessary  drains  and  ditches  shall  be  put  in  good 
permanent  condition,  and  the  structure  supporting  the 
road  shall  be  safe,  substantial  and  permanent.  When- 
ever the  character  of  the  work  to  be  done  on  the  struc- 
tures, roads,  streets  or  highways,  drains  and  ditches 
cannot  be  agreed  to  by  the  corporation  and  the  county, 
city  or  town  bearing  the  expense  of  the  crossing,  the 
same  shall  be  fixed  and  determined  by  the  State  corpora- 
tion commission.  After  said  crossing  has  been  con- 
structed, the  corporation  whose  track  or  works  is  crossed 
shall  maintain  the  same. 

Maintenance  of  station.  48.  Any  railroad  company  that 
has  established  and  maintained  throughout  the  year  tor 
Ave  consecutive  years  a  passenger  station  at  a  point  on 
its  road  shall  not  abandon  such  station  without  the 
written  consent  of  the  State  corporation  commission,  and 
if  any  station  used  by  a  company  is  burned  or  otherwise 
destroyed  or  becomes  unfit  for  the  accommodation  of  the 
public,  unless  the  same  is  rebuilt,  repaired  or  renovated 
within  a  reasonable  time,  the  State  corporation  commis- 
sion shall  require  the  company  owning  or  using  such  sta- 
tion to  rebuild,  repair  or  renovate  the  same,  as  the  case 
may  be,  and  such  company  shall,  within  90  days  after 
notice,  comply  with  the  said  requirements;  and  every 
company  operating  a  railroad  in  this  State  shall  provide 
a  convenient  and  suitable  waiting  room  and  water  closet 
or  privies  at  all  depots  in  cities  and  towns,  and  at  such 
other  stations  as  the  State  corporation  commission  may 
require,  on  its  lines,  and  keep  and  maintain  the  same  in 
decent  order  and  repair;  provided,  that  so  much  of  this 
section  as  relates  to  the  abandonment  of  stations  shall 
not  apply  in  cases  where  stations  have  been  abandoned 
because  of  a  change  in  the  location  of  the  line  of  any 
such  railroad. . 

Gates,  flags,  etc.  50.  Whenever,  in  the  opinion  of  the 
State  corporation  commission,  after  giving  notice  and 
hearing  as  prescribed  by  law,  the  public  interest  re- 
quires that  a  gate  be  erected  or  maintained,  or  a  flagman 
stationed  at  any  highway  crossing  within  2  miles  of 
the  corporate  limits  of  any  incorporated  city  or  town  of 
this  commonwealth,  it  shall  give  the  superintendent  or 
manager  of  the  railroad  written  notice  that  the  same  is 
required;  and  the  company  shall,  within  the  time  pre- 
scribed by  the  commission,  erect  and  maintain  at  such 
crossing  the  character  of  gate  directed  by  the  commis- 
sion, and  keep  a  man  in  charge  of  the  same  during  such 
hours  as  the  commission  may  designate,  or  keep  a  flag- 
man at  such  crossings  during  such  hours  as  they  may 
require.      And    the    said    commission    may    authorize    the 


discontinuance  of  such  gate  or  flagman  whenever.  In 
their  judgment,  the  public  interest  no  longer  requires  the 
same. 

Notice  of  accidents  to  commission.  52.  '  Notice  of  every 
accident  which  occurs,  attended  with  loss  of  life  or  injury 
to  person,  shall  be  given  within  five  days  thereafter  by 
the  company  operating  the  railroad  on  which  the  acci- 
dent occurred  to  the  State  corporation  commission,  and 
such  company  shall  furnish  the  commission  all  informa- 
tion requested  by  it  concerning  the  cause  of  the  accident. 

Air  brake,  etc.  52.  No  regular  or  other  passenger 
train,  on  any  railroad  operated  by  steam,  shall  be  run 
without  an  air  brake,  or  some  equally  effective  appliance 
for  controlling  the  speed  of  trains,  which  may  be  applied 
by  the  engineer  to  each  car  composing  the  train,  and 
which  shall  at  all  times  be  kept  in  good  condition  and 
ready  for  use  at  the  discretion  of  the  engineer.  The 
State  corporation  commission  may  require  all  other  trains 
to  be  equipped  with  like  appliances  whenever,  in  Its 
opinion,  the  public  interests  require  it.  The  said  com- 
mission may  also  require  any  company  operating  any 
such  railroad  to  establish  and  maintain  the  block  system 
or  some  other  equally  efficient  system  to  regulate  the 
movement  of  its   trains   in  order   to   prevent   collisions. 

Checking  baggage.  54.  Every  railroad  company  shall 
furnish  sufficient  accommodation  for  the  transportation  of 
all  such  passengers  and  property  as  shall,  within  a  rea- 
sonable time  previous  to  the  departure  of  its  trains 
offer,  or  be  offered,  for  transportation,  at  places  estab- 
lished for  receiving  and  discharging  passengers  and 
freight,  and  shall,  when  requested,  subject  to  reasonable 
rules  and  regulations  as  the  company  may  establish,- 
which  rules  and  regulations  may  be  changed  from  time- 
to  time  by  the  State  corporation  commission,  check  every 
parcel  of  baggage  taken  for  transportation,  if  such  parcel 
is  in  reasonably  good  condition,  and  if  there  is  a  handle, 
loop  or  fixture,  so  that  the  same  can  be  attached,  and 
shall  give  to  the  person  delivering  such  baggage  a  check 
for  the  same. 

Lease  railroads.  56.  Every  person  or  corporation  now 
operating,  or  that  may  hereafter  operate,  a  railroad  in 
this  State  under  a  contract  or  lease,  shall  have  the  same 
filed  in  the  office  of  the  State  corporation  commission 
within  30  days  after  the  contract  or  lease  is  executed; 
or,  if  heretofore  made,  within  30  days  after  this  law 
goes  into   effect. 

Refusal  to  remove  cause  of  complaint.  68.  If  any  rail- 
road, when  directed  by  a  valid  order  of  the  State  corpora- 
tion commission,  shall  refuse  or  fail  to  remove  the  cause 
of  complaint  of  the  authorities  of  any  incorporated  city 
or  town  in  which  such  railroad  is  located,  as  to  the 
physical  condition  or  operation  of  such  railroad,  it  shall, 
in  the  discretion  of  the  said  commission,  be  fined  not 
less  than  $10  nor  more  than  $1,000. 

Information — Penalty.  69.  Every  railroad  company  or 
person  operating  a  railroad  in  this  State  shall,  at  all 
times  on  request,  furnish  to  the  State  corporation  com- 
mission any  information  required  by  it,  concerning  the 
physical  condition,  management  or  operation  of  its  road, 
and  particularly  with  copies  of  all  of  its  time  tables 
upon  its  road  and  other  roads  with  which  its  business  Is 
connected;  and  any  railroad  refusing  or  failing  to  furnish 
any  such  information  to  the  State  corporation  commis- 
sion shall,  in  the  discretion  of  the  said  commission,  be 
fined  not  less  than  $10  nor  more  than  $1,000. 

Penalty  for  violation  of  this  chapter.  70.  Any  railroad 
company  failing  to  comply  with,  or  violating,  or  permit- 
ting any  of  its  agents  or  employes  to  violate,  any  of 
the  provisions  of  this  chapter,  or  any  valid  order,  rule 
or  regulation  of  the  State  corporation  commission,  relat- 
ing to  the  provisions  of  this  chapter,  if  not  otherwise 
provided  in  this  chapter,  shall  be  fined  not  less  than 
$10  nor  more  than  $500   for  each  offense. 

CHAPTER  35. 

INCORPOR.^TION   OF  PURCHASING   BONDHOLDERS. 

Approved  February  17,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

§  1.  That  §§  2  and  14  of  chapter  i;  §§1  and  6  of  chap- 
ter 2;  §  1  Of  chapter  3;  S§  2  and  7  of  chapter  4  and 
§  7    of    chapter    5    of    the    Act    concerning    corporations. 


1376 


National  Association  of  Railway  Commissioners 


which  became  a  law   on   May   21,   1903,   be  amended   and 
re-enacted  so  as  to  read  as  follows:     «     •     «     * 

CHAPTER  II. 
§  1.  Any  number  of  persons,  not  less  than  seven,  may 
form  a  corporation  under  the  provisions  of  this  Act,  for 
the  purpose  of  purchasing  at  any  sale  under  the  decree 
of  any  court  of  this  State,  other  State  or  the  United 
States,  or  at  any  foreclosure  sale  under  deed  of  trust 
or  mortgage,  leasing  or  constructing,  and  of  maintaining 
and  operating  a  railroad  or  railroads,  to  be  operated 
with  any  kind  of  motive  power,  and  to  be  used  as  a 
common  carrier  in  the  conveyance  of  persons  or  prop- 
erty, or  both;  and  for  that  purpose  may  make  and  sign 
articles  of  association,  in  lieu  of  a  certificate  of  incor- 
poration heretofore,  in  chapter  1  of  this  Act,  authorized, 
in  which  articles  of  association  shall  be   stated: 

(a)  The  name  of  the  corporation. 

(b)  The  principal  terminal  place  to  and  from  which 
it  is  proposed  for  such  road  or  roa(Js  to  be  purchased, 
leased  or  constructed,  maintained  and  operated. 

(c)  The  estimated  length  of  the  main  line  or  lines 
of  such  road  or  roads,  and  the  name  of  each  city  and 
county  in  this  State  through  or  into  which  it  is  con- 
structed or  intended  to  be  constructed.  v 

(d)  The  period,  if  any,  limited  for  the  duration  of 
the  corporation. 

(e)  The  maximum  and  minimum  amount  of  capital 
stock   of  the   corporation   and   its    division   into   shares. 

(f)  The  names  and  places  of  residence  of  the  officers 
and  directors  who  shall  manage  the  affairs  of  the  cor- 
poration for  the  first  year,  unless  others  are  sooner 
chosen  by  the  stockholders  to  act  in  their  places.  The 
number  of  directors  shall  not  be  less  than  seven. 

(g)  The  place  in  this  State  in  which  its  principal 
office  will  be  located,  together  with  the  name  of  its  post- 
office. 

(h)  The  articles  of  association  may  also  contain 
any  provisions  which  the  incorporators  may  choose  to 
insert  for  the  regulation  of  the  business  and  the  conduct 
of  the  affairs  of  the  corporation,  and  any  provisions  as 
to  the  plan  of  financial  organization  or  relating  to  the 
internal  regulation  or  government  of  the  corporation,  its 
directors,  stockholders  or  any  class  or  classes  thereof; 
provided,  such  provisions  are  not  contrary  to  the  pro- 
visions of  this  Act. 

§  6.     The  charter  of  any   railroad   corporation   existing 
at    the   time    of    the  .passage    of    this    Act,   or   thereafter 
organized    under   any   charter   heretofore   granted   by   the 
general  assembly,  may  be  altered  or  amended  as  herein- 
after provided,  so  as  to  obtain,  as  a  part  of  its   charter, 
any   privileges,  power  or  authority,  not  inconsistent  with 
this  Act  and  the  general  incorporation  laws  of  this  State, 
which    might   be    obtained    and    enjoyed    by    any   railroad 
corporation  organized  hereunder,  and  the  charter  of  any 
such    corporation    may    also    be    extended    as    hereinafter 
set    forth;    provided,    that    any    such    corporation    which 
shall   hereafter   accept   or   affect   any    amendment    or    ex- 
tension   of    its    charter    hereunder    shall    be    conclusively 
presumed   to   have   thereby   surrendered   every   exemption 
from    taxation    and    every    non-repealable    feature    of    its 
charter    and   of    the    amendments    thereof;    and    also    all 
exclusive    rights   or    privileges    theretofore    granted    to    it 
by   the  general   assembly   and   not   enjoyed   by  other  cor- 
porations   of    a    similar    general    character,    and    to    have 
thereby   agreed    to   thereafter   hold   its   charter   and   fran- 
chises and  all   amendments  thereof  under   the   provisions 
and  subject  to  all  the  requirements,  terms  and  conditions 
of  the  constitution  of  Virginia,  and  of  any  laws  passed  in 
pursuance  thereof,  so  far  as  the  same  may  be  applicable 
to   such    corporations.     Such    alterations,    amendments   or 
extensions,   when   authorized  by   a  two-thirds  vote   of  the 
stockholders    present    or    represented    and    voting    at    a 
meeting,    which    two-thirds    shall    amount    to    at    least    a 
majority  in  interest  of  the   capital  stock  of  the   corpora- 
tion,   may    be    applied    for    by    a    writing    signed    in    the 
name   of   the   corporation   by   its   president   or   by   one   of 
its   vice-presidents,   under  its   corporate   seal,   attested   by 
its    secretary,    and    acknowledged    by   the   officers    signing 
the   same   before   any   person   authorized   by   the   laws   of 
this  State  to  take  acknowledgments  of  deeds,  and,  when 
80   signed   and   acknowledged,   the   said    writing,    together 
with  the  receipt  for  the  payment  of  any  fee  to  the  State 


that  may  be  imixjsed  thereon  by  law,  may  be  presented 
to  the  State  corporation  commission,  which  shall  ascer- 
tain whether  the  applicants  have,  by  complying  with 
the  requirements  of  the  law,  entitled  themselves  to  the 
amendment  or  extension  applied  for,  and  shall  issue  or 
refuse  the  same  accordingly.  If  the  same  be  issued,  the 
said  application,  with  the  order  thereon  of  the  State 
corporation  commission,  shall  forthwith  be  certified,  as 
required  by  law,  to  the  secretary  of  the  commonwealth 
for  recordation,  as  is  required  with  reference  to  original 
articles  of  association  under  this  chapter,  and  to  be  in 
like  manner  returned  and  lodged  in  the  office  of  the 
clerk  of  the  said  commission.  And  when  the  said  writ- 
ing, with  the  indorsements  and  the  order  of  the  State 
corporation  commission  thereon,  shall  be  lodged  in  the 
office  of  the  secretary  of  the  commonwealth,  such  amend- 
ment or  extension  shall,  to  all  intents  and  purposes, 
immediately  become  a  part  of  the  corporation's  charter 
and  be  effective  from  and  after  that  time,  unless  a 
different  time  be  fixed  in  said  amendment  or  extension 
for  the  commencement  thereof,  in  which  latter  eveat 
such  amendment  or  extension  shall  begin  at  the  time  no 
fixed.  A  copy  of  such  application  and  order,  duly  cer:l- 
fled  by  the  secretary  of  the  commonwealth  under  the 
seal  of  the  State,  shall  be  evidence  in  any  court  of  this 
State  of  the  facts  herein  stated,  and  of  the  amendments 
or  extension  of  said   charter. 


CHAPTER    III. 


II 


ticl"  sj 

DU-^ 


§  1.  By  executing,  filing  and  recording  articleal 
association,  as  hereinafter  set  forth,  in  lieu  of 
certificate  of  incorporation  heretofore,  in  chapter  1  if 
this  Act,  authorized,  any  number  of  persons,  not  le  ;s 
than  five,  may,  under  the  provisions  and  subject  to  tl  e 
requirements  of  this  Act,  associate  to  establish  a  ccr- 
poration  to  purchase,  lease,  or  construct,  maintain  ai  d 
operate  telegraph  or  telephone  lines,  or  both,  a  cam  1, 
a  turnpike,  or  any  other  works,  except  a  railroad,  1  i- 
tended  to  be  used  for  public  service,  in  which  articl;  sj 
of   association    shall   be   stated:  ~ 

(a)  The   name   of   the   corporation.  _ 

(b)  The  nature  or  character  of  the  works  to  be  pu" 
chased,  leased,  or  constructed,  maintained  and  operate  I, 
and  whether  local  to  any  city  or  county;  and  if  so  locel, 
the  name  of  the  city  or  county  in  which  the  same  is  co  i- 
structed   or   to   be   constructed,   maintained   and   operate  1. 

(c)  If  a  telegraph  or  telephone  line,  canal,  turnpil  e 
or  other  works,  constructed,  or  proposed  to  be  co  i- 
structed,  througii  or  into  two  or  more  cities  or  countle  i, 
then  the  principal  terminal  places  to  and  from  whic  h 
it  is  proposed  that  the  same  be  purchased,  leased,  t  r 
constructed,   maintained  and   operated. 

(d)  Whether  local  or  not,  the  estimated  length  uf 
the  proposed  telegraph  or  telephone  line,  canal  or  tur  i- 
pike,  and  if  any  other  works  intended  to  be  used  f <  r 
public  service,  the  estimated  extent  of  such  works  at  d 
the  length  of  any  line  of  construction  or  improvement 
connected,  or  to  be  connected  therewith;  and  if  any  'if 
the  same  are  constructed,  or  intended  to  be  constructe  1, 
through  or  into  two  or  more  cities  or  counties,  th(  n 
the  name  of  each  city  or  county  through  or  into  whi(  h 
the   same   is   constructed,   or  intended   to   be   constructe  1. 

(e)  If  a  bridge,  viaduct,  aqueduct  or  tunnel  corpori- 
tion,  the  approximate  location  of  its  work  of  improve- 
ments, its  estimated  length  and  width,  and  the  generil 
character  of  the  materials  proposed  to  be  used  in  coa- 
struction. 

(f)  The  period,  if  any,  limited  for  the  duration  )f 
the   corporation. 

(g)  The  maximum  and  minimum  amount  of  the 
capital  stock  of  the  corporation,  and  its  division  in;o 
shares. 

(h)  The  names  and  places  of  residence  of  tlie 
officers  and  directors  who  shall  manage  the  affairs  of 
the  corporation  for  the  first  year,  unless  others  are 
sooner  chosen  by  the  stockholders  to  act  in  their  places. 
The   number  of  directors  shall  not  be  less  than   five. 

(i)  The  place  in  this  State  in  which  its  principal 
office  will  be  located,  together  with  the  name  of  its  post- 
office. 

(j)  The  articles  of  association  may  also  contain 
any  provisions  which  the  incorporators  may  choose  to 
insert   for    the    regulation    of   the    business    and    the   con- 


Public  Service  Laws 


1377 


duct  of  the  affairs  of  the  corporation,  and  any  provision 
as  to  the  plan  of  financial  organization,  or  relating  to 
the  internal  regulation  or  government  of  the  corporation, 
its  directors,  stockholders,  or  any  class  or  classes  there- 
of; provided,  such  provisions  are  not  contrary  to  the 
provisions   of  this   Act. 

CHAPTER    IV. 
§  2.     Such  certificate  of  incorporation  shall  set  forth: 

(a)  The  name  of  the  corporation,  which  name  shall 
be  such  as  to  distinguish  it  from  any  other  corporation 
chartered   for   similar  purposes. 

(b)  The  name  of  the  county  (and  postoflftce  address 
therein),  city  or  town  wherein  its  principal  office  in  this 
State  is  to  be  located. 

(c)  The    purposes   of   which    it    is   formed. 

(d)  The  number  of  trustees,  directors,  or  managers 
who  are  to  manage  the  affairs  of  the  same. 

(e)  The  names  and  residences  of  the  trustees,  direc- 
tors or  managers,  who  are  to  manage  the  affairs  for  the 
first  year  of  its  existence,  together  with  the  names, 
residences  and  postoffices  of  the  president  and  secretary 
of   the   corporation. 

(f)  The  period,  if  any,  limited  for  the  duration  of 
the    corporation. 

(g)  The  amount  of  real  estate  to  which  its  hold- 
ings at  any  time  are   to  be  limited. 

(h)  The  certificate  of  incorporation  may  also  contain 
any  provision  which  the  incorporators  may  choose  to 
insert  for  the  regulation  of  its  business  and  for  the 
conduct  of  the  affairs  of  the  corporation;  and  any 
provisions  creating,  defining,  limiting,  or  regulating  the 
powers  of  the  corporation,  its  trustees,  directors,  man- 
agers or  members;  provided,  such  provisions  be  not  in- 
consistent  with   this   Act. 

Paragraph  7.  Corporations  created  under  this  chap- 
ter may  provide  in  the  certificate  of  incorporation  or  by 
its  by-laws  for  both  active  and  honorory  members,  and 
may  restrict  the  voting  power  at  the  meeting  of  the 
corporation  to  its  active  members.  Each  member  of 
such  corporation  having  voting  power  under  its  charter 
or  by-laws  shall  be  entitled  to  one  vote  in  the  meet- 
ings of  the  corporation.  If  there  be  no  members  having 
voting  power  under  its  charter  or  by-laws,  then  the 
entire  voting  power  shall  be  vested  in  the  trustees,  di- 
rectors or  managers,  who  may  take  any  lawful  action 
for  or  on  behalf  of  the  corporation  which  might  be 
taken  by  members  having  such  voting  power,  or  by 
stockholders  and  directors  under  any  section  of  this 
Act,  or  by  both. 

CHAPTER    V. 

Paragraph  7.  Except  in  cases  where  it  is  otherwise 
provided  by  law  all  meetings  of  the  stockholders  of 
every  corporation  of  this  State  shall  be  held  at  such 
place  in  this  State  as  may  from  time  to  time  be  fixed 
by  the  board  of  directors  on  such  day  as  may  be  in  the 
char|ter,  certificate  of  incorporation,  or  in  the  articles 
of  association,  or  in  some  amendment  thereof,  or  by 
the  by-laws;  or  if  none  be  so  prescribed,  on  such  days  as, 
from  time  to  time,  may  be  appointed  by  the  stockholders 
in  meeting,  or  if  they  shall  not  have  appointed,  then 
by  the  board  of  directors.  A  meeting  other  than  the 
annual  meeting  may  be  held  at  any  time  upon  the  call 
of  the  board  of  directors,  or  of  stockholders  holding  to- 
gether at   least  one-tenth   of  the  capital   stock. 

At  any  annual  or  other  meeting  of  the  stockhelders 
action  may  be  taken  upon  any  sutjject  which  is  not  by 
this  Act  required  to  be  stated  in  the  notice  of  meeting, 
and,  in  addition  thereto,  upon  any  special  subject  which 
n  ight  be  acted  upon  at  a  special  meeting  called  for  the 
purpose,  when,  in  the  last  mentioned  case,  in  the  no- 
tice of  such  annual  or  other  meeting,  the  purpose  to 
consider  and   act  upon   such   special  subject  is  stated. 

In  all  cases,  unless  other  notice  be  provided  in  the 
charter,  certificate  of  incorporation,  articles  of  associa- 
tion, or  in  some  amendment,  or  by  the  stockholders  in 
meeting,  or  by  some  provision  of  this  Act,  notice  in  writ- 
ing of  the  time  and  place  of  such  meeting,  whether 
annual  or  not,  shall  be  given  to  each  stockholder  in 
person,  or  by  publication  at  least  six  times  a  week 
for  two  successive  weeks,  or  once  a  week  for  four 
successive  weeks;  where  no  daily  newspaper  is  pub- 
lished in  the  county,  city  or  town,  in  a  newspaper  pub- 
lished   in    or    near    the    place    where    the    last    annual 


meeting  was  held.  And  in  any  case  where  notice  is  re- 
quired before  a  meeting  of  the  stockholders  or  subscrib- 
ers to  the  capital  stock  can  be  held  for  the  purpose  or 
organization,  or  for  any  other  puri>ose,  such  notice  and 
the  publication  or  other  service  thereof  may  be  waived 
in  writing,  or  by  the  attendance  in  person  or  by  proxy, 
of   all   the   stockholders   or   subscribers. 

Emergency.  §  2.  Owing  to  the  fact  that  certain  corpo- 
rations whose  charters  have  been  revoked  are  unable 
to  revive  their  charters,  an  emergency  is  declared  to  ex- 
ist,  and   this  Act   shall   be  in  force  from   its   passage. 

FOEM.\TION     OF    RAILRO.\D     CORPORATIONS. 

Railroad,  transportation,  etc.,  corporations — Hoiv  formed. 
§  1105b.  (1)  Any  number  of  persons,  not  less  than  seven, 
may  form  a  corporation  under  the  provisions  of  this 
Act,  for  the  purpose  of  purchasing  at  any  sale  under  the 
decree  of  any  court  of  this  State,  other  State,  or  the 
United  States,  or  at  any  foreclosure  sale  under  deed  of 
trust  or  mortgage,  leasing  or  constructing,  and  of  main- 
taining and  operating  a  railroad  or  railroads,  to  be  op- 
erated with  any  kind  of  motive  power,  and  to  be  used 
as  a  common  carrier  in  the  conveyance  of  persons  or 
property,  or  both;  and  for  that  purpose  may  make  and 
sign  articles  of  association,  in  lieu  of  a  certificate  of 
incorporation  heretofore,  in  chapter  1  of  this  Act, 
authorized,  in  which  articles  of  association  shall  be 
stated: 

(a)  The   name  of  the   corporation. 

(b)  The  principal  terminal  places  to  and  from 
which  it  is  proposed  for  such  road  or  roads  to  be 
purchased,  leased  or  constructed,  maintained  and  oper- 
ated. 

(c)  The  estimated  length  of  the  main  line  or  lines 
of  such  road  or  roads,  and  the  name  of  each  city  and 
county  in  this  State  through  or  into  which  it  is  con- 
structed   or   intended   to    be    constructed. 

(d)  The  period,  if  any,  limited  for  the  duration  of 
the   corporation. 

(e)  The  maximum  and  minimum  amount  of  capital 
stock   of  the  corporation  and  its  division   into  shares. 

(f)  The    names    and    residences    of    the    officers    and 
directors    who    shall    manage    the    affairs    of   the    corpora- 
tion   for   the   first   year   unless   others   are    sooner   chosen  * 
by  the  stockholders  to  act  in  their  places.     The  number 
of  directors  shall  not  be  less  than  seven. 

(g)  The  place  in  this  State  in  which  its  principal 
office  will  be  located,  together  with  the  name  of  its 
postoffice. 

(h)  The  articles  of  association  may  also  contain  any 
provisions  which  the  incorporators  may  choose  to  in- 
sert for  the  regulation  of  the  business  and  the  conduct 
of  the  affairs  of  the  corporation,  and  any  provisions  as 
to  the  plan  of  financial  organization  or  relating  to  the 
internal  regulation  or  government  of  the  corporation; 
its  directors,  stockholders,  or  any  class  or  classes  there- 
of; provided,  such  provisions  are  not  contrary  to  the 
provisions  of  this  Act.  (1910,  page  43.  In  force  Febru- 
ary  17,    1910.) 

Hotv  articles  of  association  executed  and  acknowledged 
— Duties  of  the  commission  and  the  secretary  of  the  com- 
monwealth as  to  issuance  or  refusal  of  charter — Vesting  of 
corporate  powers.  §  1105b.  (2)  The  articles  of  association 
shall  be  signed  in  person  by  not  less  than  seven  in- 
corporators, shall  be  acknowledged  by  the  persons  so 
signing  before  an  officer  authorized  by  the  laws  of  this 
State  to  take  acknowledgments  of  deeds,  and  the  said 
articles,  together  with  the  receipts  showing  the  payment 
of  the  fee,  if  any,  required  by  law  to  be  paid  to  the  . 
State  upon  the  charter,  may  be  presented  to  the  State 
corporation  commission,  which  shall  ascertain  and  de- 
clare whether  the  applicants  have,  by  complying  with 
the  requirements  of  law,  entitled  themselves  to  a  charter 
and  shall  issue  or  refuse  the  same  accordingly.  When 
the  said  charter  shall  have  been  so  issued  the  said 
articles  of  association  with  all  indorsements  thereon, 
and  the  order  of  the  State  corporation  commission  shall 
be  certified  to  the  secretary  of  the  commonwealth  as 
required  by  law,  and  by  the  last-named  officer  recorded 
in  the  charter  records  of  his  oflice,  who  shall  there- 
upon indorse  thereon  the  fact  of  such  recordation,  and 
return  the  same  to  the  State  corporation  commission, 
to  be  lodged  and  preserved  in  the  office  of  its  clerk.  As 
soon  as  the  said  articles  of  association  are  lodged  with 


1378 


National  Association  of  Eailway  Commissioners 


the  secretary  of  the  commonwealth  to  be  recorded,  the 
persons  who  signed  and  acknowledged  the  same  and 
their  successors  and  such  other  persons  as  may  be 
associated  with  them,  according  to  the  provisions  of  the 
law  of  their  charter,  shall  be  a  body  politic  and  corpo- 
rate, by  the  name  set  forth  in  the  said  articles  of  as- 
sociation, with  the  powers  and  upon  the  terms  set  forth 
therein,  so  far  as  not  to  conflict  with  this  Act;  and  in 
addition  shall  have  all  the  general  powers,  and  be 
subject  to  all  the  general  restrictions  conferred  and  im- 
posed on  corporations  by  chapter  5  of  this  Act,  and 
the  laws  of  this  State  relating  to  corporations,  so  far 
as  applicable  thereto,  and  shall  also  have  power: 

(a)  To  cause  to  be  made  such  examinations  and 
surveys  for  its  proposed  railroad  as  may  be  necessary 
to  the  selection  of  the  most  advantageous  route  or 
routes,  or  for  the  improvement  or  straightening  of  its 
line  or  change  or  location,  for  constructing  or  providing 
additional  tracks  or  facilities  or  for  any  other  work  or 
thing  mentioned  in  sub-section  (t)  of  this  section;  and 
for  such  purposes  by  its  officers  and  servants,  to  enter 
upon  the  lands  or  waters  of  any  person,  but  subject  to 
responsibility   for  all   damage  that  may  be   done  thereto. 

(b)  To  take  and  hold  such  voluntary  grants  of  real 
estate  and  other  property  as  shall  be  made  to  it,  to  aid 
In  the  construction,  maintenance  and  accommodation  of 
Its   railroad,   its   terminals,   and   appurtenances. 

(c)  To  purchase,  lease  or  otherwise  acquire,  hold 
and  use  all  such  real  estate  or  other  property  as  may 
be  necessary  for  the  construction  and  maintenance 
of  its  railroads,  its  terminals,  depots,  stations,  and  other 
accommodations  necessary  to  accomplish  the  objects  of 
its  incorporation. 

(d)  To  lay  out  its  road  as  in  its  said  articles  of 
association,  or  in  this  Act  provided,  and  to  construct, 
maintain,  and  operate  the  same,  and  to  purchase,  lease, 
or  otherwise  acquire,  or  construct,  maintain  and  operate 
all  necessary  or  convenient  telegraph  and  telephone 
lines  in  connection  with,  and  as  a  part  of  its  business 
as  far  as  practicable  on  the  right  of  way  of  such  road 
so  far  as  the  right  of  way  is  in  this  State. 

(e)  To  consolidate  with  or  merge  into  itself,  pur- 
chase or  lease  the  works,  property,  and  franchise,  or  any 

•part  thereof,  of  any  railroad  company  incorporated  under 
the  laws  of  this  State  or  another  State,  or  of  this  State 
and   another,   or   other   States,   or  under   the   laws  of  the 
United    States,    or    any    works,    property,    and    franchises, 
or  any  part  thereof,  to  any  other  such  corporation  char- 
tered   or    organized    under    the    laws    of    this    State,    and 
any    railroad    company    incorporated    under    the    laws    of 
this  State  or  another  State,  or  of  this  State  and  another, 
or  other  States,  or  under  the  laws  of  the  United  States, 
Is  hereby  authorized  and  empowered  to  consolidate  with 
or   merge    into    itself,    and    to   sell   or    lease   its    works, 
property,    and    franchises,    or    any    part    thereof,    to    any 
other  such   corporation  chartered  or  organized  under  the 
laws    of    this    State,    and    any    owner    or    owners    of    any 
works,    property   or  franchises    suitable   for   railroad   pur- 
poses   are   hereby    authorized    and   empowered    to   sell   or 
lease     such     works,     property,     franchises     or    any    part 
thereof,     to     any    railroad    corporation    organized    under 
the   laws   of  this   State;    provided,   however,   that  nothing 
in    this    Act    shall    authorize    or   be    construed    to    permit 
the    purchase,    lease,    sale,    consolidation    or    merger    of 
the    works,    property,    or   franchise    of   railroads    competi- 
tive between  points  both  of  which  are  within  this  State, 
or  lines  between  the  same  terminal  points  both  of  which 
are  within  this  State,  whether  such  lines  he  operated  by 
same    or    different    motive    power,    except    that    this    pro- 
viso   shall    not    prevent   the    sale    or    lease    by    any    rail- 
road company  incorporated  under  the  laws  of  this  State 
or  another  State,  or  of  this  State  and  another,  or  other 
States,  or  under  the  laws  of  the  United  States,  or  any 
owner  or   owners   of  any   works,   property,   or  franchises 
suitable  for  railroad  purposes,  of  all  its  or  their  uncom- 
pleted   works    and    property    and    the    franchises   relating 
thereto,  or  any  part  thereof,  to  any  railroad  corporation 
chartered    or    organized    under    the    laws    of    this    State, 
no    part   of    whose    road    in    this    State    is    In    operation; 
but,  on  the   contrary,  any  railroad  company  incorporated 
under  the  laws  of  this  State  or  another  State,  or  of  this 
State   and   another,   or   other   States,   or   under  the   laws 
of   the   United   States,   or  any  owner  or  owners   of  any 
■.uncompleted   works,   property, .  or  franchises  suitable   for 


=     Stat^ 


railroad    purposes,    may,    with    the    consent   of    the    State 
corporation  commission  first  obtained,  sell  or  lease  such 
uncompleted   works   and   property   and   the   franchises   re- 
lating thereto,  or  any  part  thereof,  to  any  other  railroad 
corporation    chartered    or    organized    under    the    \a.^    of 
this    State    no    part    of    whose    road    in    this    State    is   In 
operation,   and   such   latter   corporation   may   purchase   or 
take    a    lease    of   such    uncompleted    works    and    property 
and    franchises    relating    thereto    or    any    part    thereof, 
anything  in  said  proviso  to  the  contrary  notwithstanding. 
But    the    consent   as    aforesaid    of    the    State    corporation 
commission    shall    not    be    given    if    in    the    judgment    of 
said    commission    the   purpose   of    such    proposed   sale   or 
lease   is,   or  the  effect  thereof  will  be,   to  prevent  compe- 
tition  between  the  corporations,  parties  to  the  said  sale 
or   lease,   which    would   exist,   or    might  have   existed,   or 
arisen   between   said   corporation   except  for  said   sale  or 
lease;     provided,    however,    that    no    transportation    com- 
pany in  which  the  State  owns  stock,  bonds  or  other  divf- 
dend    obligations    shall    be    merged    under   the    provisions 
of    this    Act    until    and    except    the    State    shall    consent 
thereto    by    future    legislative    enactment   and    the    State 
corporation    commission    shall    have    determined    and    en- 
tered  upon   its   records   that   the   terms   of   said   contract 
of  merger  are  fair  and  just  to  the  State,  and   the  inter- 
ests   of    the    State    are    properly    provided    for    and    prj- 
tected   therein.     Nothing  in   this   Act   shall   be   construed 
to  limit  or  invalidate  any  of  the  provisions  of  any  char- 
ter  now   in   force   which  has  been   heretofore   granted   ta 
any    railroad    corporation    by    an   Act   of   the    general   as- 
sembly   of    this    State;     provided,    that    if    any    railroad 
company,    heretofore    organized    under    any    law    of    th  3 
State,    shall    hereafter    purchase,     merge    or    consolidal  e 
with    itself    any    railroad    competitive    with    it    between 
points,    both    of    which    are    within    this    State,    then    tie 
company   so   purchasing,   merging,   or   consolidating   shall 
thereby"   be     deemed     to     surrender,    and     shall     therety 
surrender   any   exemption   it   may   have   under   §    1240  <>t  . 
the    code    of    Virginia,    from    the    power   of    the    State   1  o  j 
change    its    tolls    without    its    assent,    unless    said    pu  •-  ' 
chase,  merger  or  consolidation  be  approved  by  the  Stai  e 
corporation   commission,    in   which   event    there    shall   I  e 
no     such    surrender.      Should     any    railroad     corporation 
heretofore  chartered  by  an  Act  of  the   general  assemb  y 
of  this   State   be  merged  into  or  consolidated  into  or  I  e 
acquired   by   a  foreign  corporation  in  such   way  that  tl  e 
corporation  of  this   State  thereby  loses  its  identity  as  a 
corporation   of   this   State,   then   such   foreign   corporatit  a. 
so    consolidating,    merging,    or    acquiring    such    railrof  d 
shall,    as    a   condition    precedent   to    the    validity    of   ai  y 
such    merger,    consolidation,   or   acquisition,   file   with   tl  e 
State   corporation   commission   an   instrument  in   wrltin  <, 
attested  by  the  seal  of  said  foreign  corporation,  and  tl  e 
signatures   of   its   president  and   secretary  acknowledgii  g 
itself    to    be    a    domestic    corporation    of    the    State     )f 
Virginia  as  to  its  works,  property  and  franchises   with  n 
the   territorial   limits-  of   the   said   State   of   Virginia,  ai  d 
subject  to  its  laws  and   the  jurisdiction  of  its  courts.        , 
(f)     In  the  event  the  said  corporation  cannot,  because' 
of  the  incapacity  of  the  owjier,  or  inability  to  agree  upcn 
the   price   or   terms,   or   because   the   owner   cannot,   wi  h 
reasonable   diligence,    be    found    in    this    State,    or   is   un- 
known,  agree   on   terms  of   purchase    with   those   entitl>'d 
to  any  land,  sand,  earth,  gravel,  water  or  other  material 
necessary    to    be    taken    and    used    in    the    constructlcn, 
maintenance,  operation  or   improvement  of  said  railrosd, 
or  in  the  straightening  of  its  line  or  change  of  its  lo(  a- 
tion,    or    in    constructing    or    providing    depots,    statioi  s, 
shops,   yards,   terminals  or   additional   tracks  or  facilities 
or  for  other  necessary  railroad  purposes,  it  may  procead 
for   the   condemnation   thereof   in   the   manner   under   the 
restrictions    prescribed    by    the    general    statute    of    this 
State   relative    to   the    condemnation    of   lands;    provided, 
however,  that   such   corporation   shall   not  take,   by  ccm- 
demnation   proceedings,    a   strip   of   land   for   its   right   of 
way   wider   than   100   feet,   except   at   places   where    mere 
land    is    required    for    slopes,    ditches,    cuts,    tunnels,    em- 
bankments, of-   for  the  improvement  or   straightening  of 
its   line,   or  change   of  location,   or  for  drainage,  or  I'or 
depositing  waste  material. 

Any  railroad  corporation  heretofore  or  hereafter  cre- 
ated under  the  provisions  of  this  chapter,  whose  works 
are  operated  by  electric  power,  shall,  in  addition  to  the 


Public  Service  Laws 


1379 


powers  provided  tor  under  this  chapter,  have  power  to 
do  the  business  ot  a  general  electric  lighting  and  power 
company,  with  all  the  rights,  powers  and  privileges  of 
such  companies  as  fully  and  eftectively  as  if  such  cor- 
poration were  created  under  the  provisions  ot  chapter  3 
of  this  Act. 

(g)  To  exercise  all  other  powers  hereby  granted 
and  all  the  powers  conferred  upon  railroad  corporations 
by  the  existing  laws  of  this  State,  so  far  as  not  in  con- 
flict herewith,  and  by  all  Acts  hereafter  passed  amenda- 
tory thereof,  or  supplemental  thereto,  and  subject  to  all 
the   restrictions   imposed   by   law   on   such   corporations. 

It  being  desirable  to  encourage  the  construction  of 
railroads  in  this  State  that  this  Act  should  be  in  force 
from   its   passage. 

KXTEXDIXG    TELEPHONE   COMPAXIKS    FORMED. 

Alteration,  extension  and  amendment  of  charters. 
S  1105b.  (6)  The  charter  of  any  railroad  corporation 
existing  at  the  time  of  the  passage  of  this  Act,  or  there- 
after organized  under  any  charter  heretofore  granted  by 
the  general  assembly,  may  be  altered  or  amended  as 
hereinafter  provided,  so  as  to  obtain,  as  a  part  of  its 
charter,  any  privileges,  power  or  authority,  not  incon- 
sistent with  this  Act,  and  the  general  incorporation 
laws  of  this  State,  which  might  be  obtained  and  enjoyed 
by  any  railroad  cor])oration  organized  hereunder,  and 
the  charter  ot  any  such  corporation  may  also  be  extended 
as  hereinafter  set  forth;  provided,  that  any  such  corpora- 
tion, which  shall  hereafter  accept  or  affect  any  amend- 
ment or  extension  of  its  .charter  hereunder,  shall  be  con- 
clusively presumed  to  have  thereby  surrendered  every 
exemption  from  taxation  and  every  non-repealable  fea- 
ture of  its  charter  and  of  the  amendments  thereof;  and 
also  all  exclusive  rights  or  privileges  theretofore  granted 
to  it  by  the  general  assembly  and  not  enjoyed  by  other 
corporations  of  a  similar  general  character,  and  to 
have  thereby  agreed  to  thereafter  hold  its  charter  and 
franchises  and  all  amendments  thereof  under  the  pro- 
visions and  subject  to  all  the  requirements,  terms  and 
conditions  of  the  constitution  of  Virginia,  and  of  any 
laws  passed  in  pursuance  thereof,  so  far  as  the  same 
may  be  applicable  to  such  corporations.  Such  altera- 
tions, amendments  or  extensions,  when  authorized  by 
a  two-thirds  vote  of  the  stockholders  present  or  repre- 
sented and  voting  at  a  meeting,  which  two-thirds  shall 
amount  to  at  least  a  majority  in  interest  of  the  capital 
stock  of  the  corporation,  may  be  applied  for  by  a  writ- 
ing signed  in  the  name  of  the  corporation  by  its  presi- 
dent or  by  one  of  its  vice-presidents,  under  its  corporate 
seal,  attested  by  its  secretary,  and  acknowledged  by 
the  officers  signing  the  same  before  any  person  author- 
ized by  the  laws  of  this  State  to  take  acknowledgments 
of  deeds  and,  when  so  signed  and  acknowledged,  the  said 
writing,  together  with  the  receipt  for  the  payment  of 
any  fee  to  the  State  that  may  be  imposed  thereon  by 
law,  may  be  presented  to  the  State  corporation  com- 
mission, which  shall  ascertain  whether  the  applicants 
have,  by  complying  with  the  requirements  of  the  law, 
entitled  themselves  to  the  amendment  or  extension  ap- 
plied for,  and  shall  issue  or  refuse  the  same  accordingly. 
If  the  same  be  issued,  the  said  application,  with  the 
order  thereon  of  the  State  corporation  commission,  shall 
forthwith  be  certified,  as  required  by  law.  to  the  secre- 
tary of  the  commonwealth  for  recordation,  as  is  required 
with  reference  to  original  articles  of  association  under 
this  chapter,  and  to  be  in  like  manner  returned  and 
lodged  in  the  office  of  the  clerk  of  the  said  commission. 
And  when  the  said  writing,  with  the  indorsements  and 
the  order  of  the  State  corporation  commission  thereon, 
shall  be  lodged  in  the  office  of  the  secretary  of  the  com- 
monwealth, such  amendments  or  extension  shall,  to  all 
intents  and  purposes,  imrhediately  become  a  part  of  the 
corporation's  charter  and  be  effective  from  and  after  that 
time,  unless  a  different  time  be  fixed  in  said  amendment 
or  extension  for  the  commencement  thereof,  in  which 
latter  event  such  amendment  or  extension  shall  begin 
at  the  time  so  fixed.  A  copy  of  such  application  and 
order,  duly  certified  by  the  secretary  of  the  common- 
wealth, under  the  seal  of  the  State,  shall  be  evidence  in 
any  court  of  this  State  of  the  facts  herein  stated,  and 
of  the  amendments  or  extension  of  said  charter. 


FOR.M.VTIOX    OF    TELEGR.\PH,    ETC.,    COMPAMES. 

How  telegraph,  telephone,  canal,  turnpikes,  etc.,  corpo- 
rations to  be  organized  —  What  articles  of  association  to 
state.  §  1105c.  (1)  By  executing,  filing  and  recording 
articles  of  association,  as  hereinafter  set  forth,  in  lieu 
of  the  certificate  of  incorporation  heretofore,  in'  chapter 
1  of  this  Act,  authorized,  any  number  of  persons,  not 
less  than  five,  may,  under  the  provisions  and  subject  to 
the  requirements  of  this  Act,  associate  to  establish  a 
corporation  to  purchase,  lease  or  construct,  maintain  and 
operate  telegraph  or  telephone  lines,  or  both,  a  canal,  a 
turnpike  or  any  other  works,  except  a  railroad,  intended 
to  be  used  for  public  service,  in  which  articles  of  asso- 
ciation shall  be  stated: 

(a)  The   name   of   the   corporation. 

(b)  The  nature  or  character  of  the  works  to  be  pur- 
chased, leased  or  constructed,  maintained  and  operated, 
and  whether  local  to  any  city  or  county;  and,  if  so  local, 
the  name  of  the  city  or  county  in  which  the  same  is 
constructed  or  to  be  constructed,  maintained  and  operated. 

(c)  If  a  telegraph  or  telephone  line,  canal,  turnpike 
or  other  works,  constructed  or  proposed  to  be  con- 
structed, through  or  into  two  or  more  cities  or  counties, 
then  the  principal  terminal  places  to  and  from  which  it 
is  proposed  that  the  same  be  purchased,  leased  or  con- 
structed, maintained  and  operated. 

(d)  Whether  local  or  not,  the  estimated  length  of 
the   proposed   telegraph  or   telephone   line,   canal   or  turn- 

"pike,  and  if  any  other  works  intended  to  be  used  for 
public  service,  the  estimated  extent  of  such  works  and 
the  length  of  any  line  of  construction  or  improvement 
connected,  or  to  be  connected  therewith;  and,  if  any 
of  the  same  are  constructed,  or  intended  to  be  con- 
structed, through  or  into  two  or  more  cities  or  counties, 
then  the  name  of  each  city  or  county  through  or  into 
which  the  same  is  constructed,  or  intended  to  be  con- 
structed. 

(e)  If  a  bridge,  viaduct,  aqueduct  or  tunnel  cor- 
poration, the  approximate  location  of  its  work  of  im- 
provements, its  estimated  length  and  width,  and  the 
general  character  of  the  materials  proposed  to  be  used 
in   construction. 

(f)  The  period,  if  any,  limited  for  the  duration  of 
the  corporation. 

(g)  The  maximum  and  minimum  amount  of  the 
capital  stock  of  the  corporation,  and  its  division  into 
shares. 

(h)  The  names  and  places  of  residence  of  the  offi- 
cers and  directors  who  shall  manage  the  affairs  of  the 
corporation  for  the  first  year,  unless  others  are  sooner 
chosen  by  the  stockholders  to  act  in  their  places.  The 
number  of  directors  shall   not  be  less  than   five. 

(i)  The  place  in  this  State  in  which  its  principal 
office  will  be  located,  together  with  the  name  of  its  post- 
office. 

(j)  The  articles  of  association  may  also  contain  any 
provisions  which  the  incorporators  may  choose  to  inserj. 
for  the  regulation  of  the  business  and  the  conduct  of  the 
affairs  of  the  corporation,  and  any  provision  as  to  the 
plan  of  financial  organization,  or  relating  to  the  internal 
regulation  or  government  of  the  corporation,  its  direc- 
tors, stockholders  or  any  class  or  classes  thereof;  pro- 
vided, such  provisions  are  not  contrary  to  the  provisions 
of  this  Act. 

What  certificate  to  set  forth.  §  1105d.  (2)  Such  certifi- 
cate of  incorporation   shall  set  forth: 

(a)  The  name  of  the  corporation,  which  name  shall 
be  such  as  to  distinguish  it  from  any  other  corporation 
chartered   for   similar   purposes. 

(b)  The  name  of  the  county  (and  postofflce  address 
therein),  city  or  town  wherein  its  principal  office  in 
this  State  is  to  be  located. 

(c)  The  purposes  for  which  it  is  formed. 

(d)  The  number  of  trustees,  directors  or  managers 
who  are  to   manage   the   affairs  of   the   same. 

(e)  The  names  and  residences  of  the  trustees,  di- 
rectors or  managers,  who  are  to  manage  the  affairs  for 
the  first  year  of  its  existence,  together  with  the  names, 
residences  and  postofflce  of  the  president  and  secretary 
of  the  corporation. 

(f)  The  period,  if  any,  limited  for  the  duration  of 
the  corporation. 


1380 


National  Association  of  Railway  Commissioners 


(g)  The  amount  of  real  estate  to  which  its  holdings 
at  any  time  are  to  be  limited. 

(h)  The  certificate  of  Incorporation  may  also  con- 
tain any  provision  which  the  incorporators  may  choose 
to  insert  for  the  regulation  of  its  business  and  for  the 
conduct  of  the  affairs  of  the  corporation;  and  any  pro- 
visions creating,  defining,  limiting  or  regulating  the 
powers  of  the  corporation,  its  trustees,  directors,  mana- 
gers or  members;  provided,  such  provisions  be  not  in- 
consistent, with  this  Act.     (1910,   p.   43.) 

Execution  and  acknowledgment  of  certificate — Certificate 
of  judge — Fee — Duties  of  the  commission — Recordation — 
Vesting  of  corporate  powers — Amount  of  holdings,  etc.,  of 
corporate  body.  §  1105d.  (3)  Such  certificate  shall  be 
signed  by  at  least  three  persons;  shall  be  acknowledged  by 
them  before  an  oflicer  authorized  by  the  laws  of  this  State 
to  take  acknowledgments  of  deeds,  and  shall  be  presented  in 
term  time  or  in  vacation  to  the  judge  of  the  Circuit  Court  of 
the  county,  or  of  the  Circuit,  Corporation  or  Chancery 
Court  of  the  corporation  wherein  the  principal  office  of 
the  corporation  is  to  be  located.  Such  judge  shall  there- 
upon ascertain  and  certify  thereon  whether  the  persons 
signing  and  acknowledging  the  said  certificate  are  of  good 
moral  character,  and  suitable  and  proper  persons  to  be  in- 
corporated for  the  purpose  set  forth  in  the  said  certificate; 
and  shall  further  certify  whether  in  his  opinion  such  certifi- 
cate is  signed  and  acknowledged  in  accordance  with  the 
requirements  of  this  Act,  and  if  not,  in  what  respects  it  is 
faulty.  As  soon  as  the  certificate  is  so  indorsed  by  tttfe 
judge,  and  the  fee,  if  any,  required  by  law,  to  be  paid  to 
the  State  upon  the  charter  shall  have  been  duly  paid,  it, 
together  with  the  receipt  for  such  payment,  and  separate 
certified  checks  or  bank  drafts  or  postal  note  or  money 
order,  one  payable  to  the  secretary  of  the  commonwealth, 
and  one  payable  to  the  clerk  of  the  proper  court  for  the 
amount  of  the  proper  fees  for  recording  such  charter, 
may  be  presented  to  the  State  corporation  commission, 
which  shall  ascertain  and  declare  whether  the  applicants 
have,  by  complying  with  the  requirements  of  the  law,  en- 
titled themselves  to  a  charter,  and  issue  or  refuse  the  same 
accordingly.  When  so  issued,  the  certificate,  with  all  in- 
dorsements, together  with  the  order  of  the  State  corpora- 
tion commission,  shall  be  certified  by  the  said  commission, 
as  required  by  law,  to  the  secretary  of  the  commonwealth, 
and  by  the  last-named  ofl[icer  recorded  in  the  charter  rec- 
ords of  his  ofllce,  who  shall  thereupon  certify  the  same  to 
the  clerk  of  the  Circuit  Court  of  the  county,  or  the  Corpora, 
tion  Court  of  the  city  wherein  the  principal  oflice  of  such 
corporation  is  to  be  located,  or  to  the  clerk  of  the  Chancery 
Court  of  the  city  of  Richmond,  when  such  principal  office 
is  to  be  located  in  said  city,  who  shall  likewise  record 
the  same  in  a  book  to  be  provided  and  kept  for  the  pur- 
pose in  this  office;  and  when  so  recorded,  the  fact  of  such 
recordation  shall  be  indorsed  upon  the  said  certificate,  and 
the  said  certificate,  with  all  indorsements  thereon,  shall  be 
returned  by  the  said  clerk  to  the  State  corporation  commis- 
sion and  lodged  and  preserved  in  the  office  of  its  clerk.  As 
soon  as  the  charter  shall  have  been  lodged  for  recordation 
in  the  office  of  the  secretary  of  the  commonwealth,  the  per- 
sons who  signed  and  acknowledged  said  certificate  and  their 
successors  and  such  other  persons  as  may  be  associated  with 
them  according  to  the  provisions  of  law,  or  of  their  charter, 
shall  be  a  body  politic  and  corporate  by  the  name  set 
forth  in  the  said  certificate,  and  as  such  shall  have  power 
to  sue  and  be  sued,  to  contract  and  be  contracted  with,  to 
plead  and  be  impleaded  in  any  court  of  law  and  equity;  to 
make  and  use  a  common  seal,  which  may  be  affixed  by 
making  an  impression  directly  on  the  paper,  and  to  alter 
or  amend  the  same  at  pleasure;  to  appoint  such  officers, 
managers  and  agents  and  to  establish  such  branches  and 
auxiliaries  as  the  business  and  purposes  of  the  corporation 
may  require;  to  make  by-laws,  rules  and  regulations  not 
inconsistent  with  the  laws  of  this  State  or  of  the  United 
States  for  the  government  of  the  corporation  and  its 
members,  and  for  the  management  of  its  property  and  the 
regulations  of  its  affairs;  to  take  and  to  hold  by  gift, 
purchase,  grant,  devise  or  bequest,  any  property — real, 
personal  or  mixed — and  the  same  to  dispose  of  at  pleasure; 
provided,  however,  that  no  such  corporation  shall,  in  its 
corporate  capacity,  hojd  real  estate  the  yearly  income  de- 
rived from  which  shall  exceed  the  sum  of  ?50,000.  In  ad- 
dition, such  corporation  shall  exercise  any  corporate  powers 
necessary  to  the  purposes  above  enumerated  and  given,  and 
shall  have  all  the  general  powers,  and  be  subject  to  all 


the  general  restrictions  and  liabilities  conferred  and  im- 
posed by  this  Act,  and  by  the  general  laws  of  this  State 
applicable  thereto,  not  in  confiict  with  this  Act.  Any  fail- 
ure on  the  part  of  such  clerk  to  comply  with  the  provisions 
of  this  section  shall  subject  him  to  a  fine  of  not  less  than 
JIO  nor  more  than  $100,  to  be  imposed  by  the  State  corpora- 
tion commission. 

Change  of  name,  location  of  principal  office,  etc. — Amend- 
ments, alterations,  etc.,  notice — Vote  required — Duties  of 
officers  —  Fee  decision  of  the  commission  —  Recordation — 
Changes.  §  1105d.  (4)  Any  corporation  incorporated  un- 
der the  provisions  of  this  chapter,  and  any  corporation 
organized  at  the  time  of  the  passage  of  this  Act,  or  there- 
after organized  under  any  charter  heretofore  granted  by 
any  court  or  by  the  general  assembly,  and  authorized  to 
do  any  act,  to  conduct  any  business,  or  to  carry  on  any 
object  or  purpose,  permitted  under  §  1  of  this  chapter, 
may  change  its  name,  change  the  location  of  its  principal 
oflice,  and  make  such  other  amendments,  changes  or  alter- 
ations of  its  charter  as  may  be  desired  in  the  manner  fol- 
lowing: The  board  of  trustees,  directors  or  managers 
shall  pass  a  resolution  declaring  that  such  amendment, 
change  or  alt^^ration  is  advisable,  and  calling  a  meeting 
of  the  members  of  the  corporation  to  take  action  thereon, 
the  meeting  to  be  held  upon  notice  by  publication,  at  least 
six  times  a  week  for  two  successive  weeks  prior  to  sucl 
meeting.  In  some  newspaper  published  in  or  near  the  place 
where  its  principal  oflice  is  located,  or  upon  10  days'  nd- 
tice,  given  in  person  or  by  mailing  it  to  all  the  members 
having  voting  powers  then  of  record;  if  a  majority  of  ths 
members  of  the  said  corporation  having  voting  powers 
shall  vote  in  favor  of  such  amendment,  change  or  alten- 
tion,  a  certificate  thereof  shall  be  made  by  the  president, 
or  one  of  the  vice-presidents,  under  the  seal  of  the  corpon  - 
tion,  attested  by  the  secretary,  and  acknowledged  by  then 
before  an  officer  authorized  by  the  laws  of  this  State  to  tak  j 
acknowledgments  of  deeds  and  such  certificate;  or  if  it  is  i 
corporation  composed  of  trustees,  directors  or  managert , 
if  a  majority  of  these  trustees,  directors  or  managers , 
who  nominate  and  elect  its  trustees,  directors  or  manager) 
after  a  notice  to  all  of  them  in  one  of  the  ways  hereinbefor  ! 
set  forth,  shall  vote  in  favor  of  the  amendment,  chang ; 
or  alteration,  a  certificate  thereof  shall  be  made  by  th  s 
president  or  one  of  the  vice-presidents,  under  the  seal  o? 
the  corporation,  attested  by  the  secretary,  and  acknow  - 
edged  by  them  before  an  officer  authorized  by  the  laws  o " 
this  State  to  take  acknewledgments  of  deeds  and  sue  i 
certificate;  and  if  the  amendment,  change  or  alteratioi 
be  one  in  respect  to  which  the  payment  of  a  fee  to  th  ! 
State  is  imposed  by  law,  a  receipt  of  such  payment  sha!  1 
be  presented  to  the  State  corporation  commission,  whic  i 
shall  ascertain  and  declare  whether  the  said  applicant,  b  ' 
complying  with  the  requirements  of  the  law,  is  entitled  t  > 
the  amendment,  change  or  alteration  set  forth  in  sal  1 
certificate  and  shall  issue  or  refuse  the  same  accordingl; . 
If  the  same  is  issued,  the  said  certificate  with  the  indorsi  - 
ments  thereon,  together  with  the  order  thereon  of  the  con  - 
mission,  shall  be  forthwith  certified  as  required  by  la'/ 
to  the  secretary  of  the  commonwealth,  to  be  recorded  bv 
the  last-named  officer,  as  provided  in  reference  to  origin!  I 
certificates,  and  shall  be  certified  by  him  to  the  clerk  of  th  j 
Circuit  Court  of  the  county,  or  the  Circuit,  Corporation  c  r 
Chancery  Court  of  the  city  in  which  the  original  certificate 
of  incorporation  is  recorded;  and  the  clerk  of  such  com  t 
shall  thereupon  record  the  same  in  his  office,  in  a  book  pro- 
vided and  kept  for  that  purpose,  and  shall  indorse  the 
fact  of  such  recordation  upon  such  certificate,  and  retura 
the  same  to  the  State  corporation  commission  to  be  lodged 
and  preserved  in  the  office  of  its  clerk.  As  soon  as  tie 
said  certificate  is  lodged  for  recordation  in  the  oflice  (f 
the  secretary  of  the  commonwealth,  the  original  certificate  i 
of  incorporation  shall  be  deemed  to  be  amended  acconl- 
ingly;  provided,  however,  that  such  certificate  of  amenl- 
ment,  change  or  alteration  shall  contain  only  such  pro- 
visions as  it  would  be  lawful  and  proper  to  insert  in  an 
original  certificate  of  Incorporation  made  at  the  time 
making  such  amendment,  change  or  alteration. 

CHAPTER  214.    ' 

FBANCHISE   TAX. 

Approved  March  12,  1908. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

§  1.    That  §  55  of  chapter  5  of  an  "Act  concerning  corpo- 
rations," which  became  a  law  without  the  governor's  slg- 


Public  Service  Laws 


1381 


nature  May  21,  1903,  be  amended  and  re-enacted  so  as  to 
read  as  follows: 

Franchise  taxes  to  he  first  paid.  §  55.  No  charter  shall 
be  issued  under  this  Act,  nor  any  amendment  to  any  char- 
ter be  made  hereunder,  nor  any  order  of  dissolution  of  any 
corporation  made,  nor  any  certificate  of  such  dissolution 
be  issued,  until  all  franchise  taxes,  registration  fees,  other 
taxes,  fees  and  dues,  assessed  by  the  State  corporation 
commission,  authorized  or  prescribed  by  the  existing  stat- 
utes of  the  State,  or  such  as  may  be  hereafter  Imposed  by 
the  State,  shall  have  been  paid. 

Emergency.  §  2.  An  emergency  existing  by  reason  of 
the  failure  of  certain  corporations  to  amounts  due  the 
State,  this  Act  shall  take  effect  from  and  after  Its  passage. 

CHAPTER  333. 

TAXATION    OF    TRANSMISSION    COMPANIES. 

Approved  March  14,  1908. 

Be  it  enacted  hy  the  general  assembly  of  Virginia: 

§  1.  That  §  34  of  an  Act  entitled  an  Act  to  raise  revenue 
for  the  support  of  the  government  and  the  public  free 
schools  and  to  pay  the  interest  on  the  public  debt  and  to 
provide  a  special  tax  for  pensions,  as  authorized  by  §  189 
of  the  constitution,  approved  April  16,  1903,  as  amended 
by  an  Act  approved  March  17,  1906,  be  amended  and  re- 
enacted  as  follows: 

Companies  to  report  annually.  §  34.  Each  incorporated 
telegraph  and  telephone  company  doing  business  In  this 
State,  and  each  firm,  person  or  association  owning  and 
operating  a  telegraph  or  telephone  line  In  this  State, 
shall  report  annually  on  the  first  day  of  September  to  the 
State  corporation  commission  all  of  its  real  and  personal 
property  of  every  description  in  this  State  belonging  to 
It  on  the  30th  day  of  June  preceding,  showing  particu- 
larly in  what  corporation,  county  and  school  district  the 
property  is  located,  and  classify  the  same  under  the  follow- 
ing heads: . 

First.  Number  of  miles  of  poles  or  conduits  owned  or 
operated  by  it  within  this  State  on  the  30th  day  of  June 
preceding  in  each  county,  city,  town  and  school  district. 

Second.  Number  of  miles  of  wire  in  excess  of  one  wire 
In  each  city,  county,  town  and  school  district. 

Third.  Real  and  personal  property,  including  the  value 
of  the  telephone  instruments,  switchboards,  etc.  etc.,  and 
the  value  of  telegraph  Instruments,  apparatus,  etc.  etc., 
in  each  city,  county,  town  or  school  district. 

Fourth.  The  gross  earnings  and  receipts  In  this  State 
for  the  twelve  months  next  preceding  the  SOth  day  of  June. 

The  report  herein  required  shall  be  certified  by  the  oath 
of  the  president  or  other  proper  olflcer  of  the  company 
making  the  same. 

The  State  corporation  commission  shall,  after  30  days' 
notice  previously  given  by  it  to  the  president  or  other 
proper  officer  of  each  of  such  companies,  incorporated 
under  the  laws  of  this  or  any  other  State,  assess  the  value 
of  its  property.  Should  any  such  incorporated  company 
fail  to  make  such  report  at  the  time  herein  prescribed, 
the  State  corporation  commission  shall,  at  such  time  as  It 
may  elect,  upon  the  best  and  most  reliable  information 
that  can  be  procured,  assess  the  value  of  the  property  of 
said  company  and  assess  upon  said  property  the  taxes 
imposed  by  law,  and  shall  also  assess  the  license  tax  Im- 
posed by  law  upon  every  such  company,  and  in  the  execu- 
tion of  such  duty  shall  be  authorized  and  empowered  to 
send  for  persons  and  papers. 

The  State  corporation  commission  shall  assess  upon 
said  property  the  taxes  Imposed  thereon  by  law. 

A  certified  copy  of  the  assessment,  when  made,  shall 
be  immediately  forwarded  by  the  clerk  of  the  State  cor- 
poration commission  to  the  auditor  of  public  accounts  and 
to  the  president  or  other  proper  officer  of  each  such  com- 
pany, and  such  company  shall  pay  into  the  treasury  of 
the  State  by  the  first  day  of  December  following  the  taxes 
assessed  against  it. 

It  shall  be  the  duty  of  the  State  corporation  commis- 
sion to  furnish  to  the  council  of  every  corporation  and 
to  the  board  of  supervisors  of  every  county,  and  to  every 
city  and  county  treasurer  wherein  any  property  belong- 
ing to  any  such  corporation  is  situated,  a  certified  copy 
of  the  assessment  made  by  the  State  corporation  com- 
mission of  such  company's  property,  which  assessment 
shall  definitely  show  the  character  of  the  property.  Its 
value  and  the  location  for  the  purposes  of  taxation  In  each 


city,  county  and  district,  so  that  city,  town,  county,  dis- 
trict and  road  levies  may  be  imposed  upon  the  same. 

Upon  the  receipt  of  every  such  report  from  a  person 
or  a  firm  not  Incorporated,  operating  a  telegraph  or  tele- 
phone line  In  this  State,  a  certified  copy  of  each  such  re- 
port shall  be  immediately  forwarded  by  the  clerk  of  the 
State  corporation  commission  to  the  auditor  of  public  ac- 
counts, and  it  shall  be  the  duty  of  the  auditor  of  public 
accounts  forthwith  to  require  all  the  telegraph  or  tele 
phone  lines  and  wires  of  each  such  firm  or  person  through- 
out the  State,  and  each  county,  district,  city  or  town 
thereof  to  be  assessed  at  a  fair  valuation  by  the  commis- 
sioner of  the  revenue  of  the  county,  district  or  citj 
wherein  the  chief  office  of  such  firm  Is  located  and 
all  other  property  of  each  such  firm  or  person  to  be 
in  like  manner  assessed  by  the  commissioner  of  the 
revenue  of  the  county,  district  or  city  wherein  lo- 
cated, and  every  such  assessment  shall  be  returned 
to  the  auditor  of  public  accounts  within  30  days 
after  the  same  is  made.  A  certified  copy  of  the  assess- 
ment, when  made  and  returned,  shall  be  immediately  for- 
warded by  the  auditor  of  public  accounts,  by  any  com- 
missioner or  commissioners  of  the  revenue  designated  by 
him  for  that  purpose,  rating  each  mile  of  telegraph  or 
telephone  line  at  its  real  value,  and  not  less  than  $125 
for  one  wire  per  mile  and  $25  for  each  additional  wire 
per  mile,  and  ascertaining  the  value  of  all  other  property, 
real  and  personal,  owned  by  such  telegraph  or  telephone 
firm  or  person,  in  the  mode  prescribed  by  law  for  ascer- 
taining the  value  of  property  of  individuals  for  the  pur- 
pose of  taxation,  and  a  tax  shall  at  once  be  levied  on  such 
value  as  ascertained  at  the  annual  rate  levied  upon  the 
value  of  other  property  for  the  year.  If  any  such  tele- 
graph or  telephone  firm  or  person  shall  fail  to  make 
such  report  to  the  State  6orporation  commission,  such 
firm  or  person  shall  also  be  liable  to  a  fine  of  not  more 
than  $2,500,  the  said  fines  to  be  imposed  and  judgment 
entered  therefore  by  the  State  corporation  commission 
after  30  days'  notice  to  such  defaulting  firm  or  person  to 
appear  before  the  said  commission  and  to  show  cause,  if 
any,  against  the  Imposition  of  such  fine,  subject  to  ap- 
peal of  the  Supreme  Court  of  Appeals  of  Virginia.  Any 
such  firm  or  person  may  seek  redress  against  any  errone- 
ous assessments  made  under  this  section.  In  the  mode 
prescribed  by  law  for  redress  against  erroneous  assess- 
ments of  property  of  individuals. 

It  shall  be  the  duty  of  the  county  superintendent  of 
schools  in  each  county  in  which  any  such  telegraph  or 
telephone  company  or  firm  or  person  operating  a  tele- 
graph or  telephone  line  owns  property,  on  or  before  the 
first  day  of  July  of  each  year,  to  furnish  such  telegraph  or 
telephone  company,  firm  or  person,  and  the  clerk  of  the 
State  corporation  commission,  the  boundaries  of  the  school 
district  of  said  county  wherein  any  such  property  is  situ- 
ated. 

It  shall  be  the  duty  of  the  judge  of  the  Circuit  Court 
for  each  county,  at  the  next  term  of  said  court  after  the 
first  day  of  July  in  each  year,  to  instruct  the  grand  jury 
to  inquire  into  and  ascertain  whether  or  not  the  county 
superintendent  of  schools  has  furnished  the  boundaries  of 
each  school  district  to  such  telegraph  and  telephone  compa- 
nies operating  in  said  county  and  to  the  clerk  of  the 
corporation  commission.  If  the  grand  jury  shall  find  that 
the  county  superintendent  of  schools  has  not  furnished 
the  boundaries  of  such  school  districts  as  herein  provided, 
indictments  shall  be  found  against  him  for  a  misde- 
meanor, and  upon  conviction  thereof,  he  shall  be  fined 
not  less  than  $25  nor  more  than  $100  for  each  school  dis- 
trict so  omitted. 

Any  such  company,  firm  or  person  failing  to  pay  said 
taxes  into  the  treasury  within  the  time  herein  prescribed, 
shall  Incur  a  penalty  thereon  of  five  per  centum,  which 
shall  be  added  to  the  amount  of  said  taxes. 

CHAPTER  58. 

FRANCHISE   TAX   ON   CERTAIN    CORPORATIONS. 

Approved  February  26,  1910. 

Be  it  enacted  hy  the  general  assembly  of  Virginia : 

Amendment.  §  1.  That  §  43  of  an  Act  entitled  an  Act  to 
amend  and  re-enact  §  43  of  an  Act  entitled  an  Act  to  raise 
revenue  for  the  support  of  the  government  and  free  schools 
and  to  pay  the  Interest  on  the  public  debt,  and  to  pro- 
vide a  special  tax  for  pensions,  as  authorized  by  §  189  of 


1382 


National  Association  of  Eailway  Commissioners 


the  constitution,  approved  April  16,  1903,  as  amended 
and  re-enacted  by  an  Act  approved  March  14,  1904,  and 
as  amended  and  re-enacted  by  an  Act  approved  March 
14,  1908,  be  amended  and  re-enacted  so  as  to  read  as 
follows : 

Franchise  tax  imposed.  §  43.  Every  corporation,  joint 
stock  company  or  association,  organized  or  formed  under, 
by  or  pursuant  to  law  in  this  State,  except  railway,  canal, 
light,  heat  and  power  companies,  gas  and  water  com- 
panies, insurance,  banking  and  security  companies,  tele- 
phone companies,  having  an  authorized  maximum  capital 
stock  of  $5,000  or  less,  cemetery,  religious  and  charitable 
associations,  shall,  in  addition  to  the  charter  fee,  tax  on 
property,  and  income  or  receipts,  and  license  tax,  and 
the  registration  fee  prescribed  by  law,  pay  into  the  treas- 
ury of  the  State  on  or  before  the  first  day  of  March  of 
each  and  every  year,  an  annual  State  franchise  tax  to  be 
assessed  by  the  State  corporation  commission. 

The  amount  of  such  franchise  tax  shall  be  as  follows: 
Where  the  maximum  capital  stock  is  $25,000  and  under, 
$30;  over  $25,000,  and  not  in  excess  of  $50,000,  $20;  over 
150,000  and  not  in  excess  of  $100,000,  $40;  over  $100,- 
000  and  not  in  excess  of  $300,000,  $60;  over  $300,000  and 
not  in  excess  of  $500,000,  $100;  over  $500,000  and  not  in 
excess  of  $1,000,000,  $200;  and  for  all  in  excess  of  $1.- 
000,000  an  additional  sum  of  $10  for  each  $100,000  or 
fraction  thereof  in  excess   of  $1,000,000. 

The  State  corporation  commission  shall  ascertain  the 
amount  of  the  authorized  maximum  capital  stock  of  each 
such  corporation,  company  or  association  as  of  the  first 
day  of  January  in  each  year,  and  shall  assess  against  each 
such  corporation,  company  or  association  the  State  fran- 
chise tax  herein  imposed,  and  a  certified  copy  of  such  as- 
sessment, when  made,  shall  be  forwarded  by  the  clerk  of 
the  State  corporation  commission  before  the  15th  day  of 
February  to  the  auditor  of  public  accounts  and  to  the 
president  or  other  proper  officer  of  every  such  corporation, 
company  or  association.  , 

Any  such  corporation,  company  or  association  failing 
to  pay  said  tax  into  the  State  treasury  within  the  time 
prescribed  shall  incur  a  penalty  thereon  of  5  per  centum 
and  interest  at  the  rate  of  6  per  centum  per  annum  on  the 
total  amount  of  tax  and  penalty  from  the  date  when  the 
same  was  due  until  paid,  which  shall  be  added  to  the 
amount  of  said  tax. 

In  order  that  there  may  be  no  conflict  as  to  the  method 
of  taxation,  an  emergency  exists,  and  this  Act  shall  be  in 
force  from  its  passage. 

CHAPTER  149. 

COIXECTION    OF    CORPORATION    TAX. 

Approved  March  14,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

§  1.  That  §  144  of  an  Act  approved  April  16,  1903,  enti- 
tled an  Act  to  raise  revenue  for  support  of  the  govern- 
ment and  public  free  schools  and  to  pay  the  interest  on 
the  public  debt,  and  to  provide  a  special  tax  for  pensions, 
as  authorized  by  §  189  of  the  constitution,  as  amended 
and  re-enacted  by  an  Act  approved  February  19,  1904, 
"be  amended  and  re-enacted  so  as  to  read  as  follows: 

Appeal — Penalty  for  failure  to  make  report,  etc.  §  144. 
Any  corporation,  except  as  otherwise  expressly  provided 
in  this  Act,  feeling  aggrieved  by  the  assessment  made 
by  the  State  corporation  commission  of  its  property, 
registration  fee  or  franchise  tax,  under  the  provisions 
of  this  Act,  may  have  such  right  of  appeal  as  may  be 
provided  by  law. 

Every  such  company,  corporation,  firm  or  person  which 
shall  fail  to  make  the  reports  required  in  the  preced- 
ing sections  within  the  time  prescribed  shall,  unless  a 
different  penalty  is  hereinbefore  prescribed  for  such 
failure,  be  liable  to  a  fine  of  not  less  than  $500  nor 
more  than  $2,500;  the  said  fine  to  be  imposed  and  judg- 
ment entered  therefor  by  the  State  corporation  commis- 
sion, after  30  days'  notice  to  any  such  defaulting  cor- 
poration to  appear  before  said  commission  and  to  show 
cause,  if  any,  against  the  imposition  of  such  fine,  sub- 
ject to  appeal  to  the  Supreme  Court  of  Appeals  of 
Virginia. 

It  shall  be  the  duty  of  the  State  corporation  com- 
mission to  prepare  and  furnish  to  the  several  corpora- 
tions  required    to    make    reports    under   this    Act    forms 


for   such    reports,    which    said    corporations    shall    use    in 
making  the  reports  required  of  them. 

Any  such  company,  corporation,  firm  or  person  re- 
quired by  this  Act  to  pay  its  registration  fee  or  its  or 
his  taxes,  or  both,  directly  into  the  State,  treasury,  fail- 
ing to  pay  said  taxes  or  registration  fee,  or  both,  into 
the  treasury  within  the  time  prescribed,  shall  incur  a 
penalty  thereon  of  5  per  centum,  which  shall  be  adde  d 
to  the  amount  of  said  taxes  or  registration  fee,  or  both. 
The  auditor  of  public  accounts  shall  deliver  a  bill  for 
said  taxes  or  registration  fee,  or  both,  and  penalty,  tx) 
the  treasurer  of  any  county  or  city  in  which  the  com- 
pany, corporation,  firm  or  person  may  have  any  property 
belonging  to  it  or  him,  and  said  bill  shall  have  the  force 
and  effect  of  an  execution  in  favor  of  the  commonwealth. 

The  treasurer  may  distrain  or  levy  upon,  and  sell, 
any  real  or  personal  property  of  such  company,  corpora- 
tion, firm  or  person,  and  shall  pay  the  amount  of  the 
bill  into  the  treasury  within  10  days  after  he  has  col- 
lected the  same. 

The  treasurer  shall  be  responsible  on  his  oflSciai 
bond  for  the  amount  of  such  bill;  provided,  however,  if 
the  amount  of  the  bill  exceeds  one-half  of  the  penal 
sum  of  the  official  bond  of  such  treasurer,  the  auditor 
of  public  accounts  shall  require  the  treasurer  to  whom 
such  bill  is  delivered  to  execute  a  bond  in  the  penalty 
of  double  the  amount  of  the  bill  placed  in  his  hands  fcr 
collection,  with  security,  to  be  approved  by  him,  con- 
ditioned for  the  faithful  discharge  of  his  duty  in  collect- 
ing and  paying  into  the  treasury  the  amount  of  such 
bill.  The  compensation  of  such  treasurer  for  coUectir? 
and  paying  into  the  treasury  said  bill  shall  be  5  p(  r 
centum  of  the  aggregate  of  said  bill,  and  shall  be  pai  1 
by  such   corporation,  company,  firm  or  person. 

Emergency.  §  2.  To  enable  the  commonwealth  to  ei  - 
force  the  collection  of  her  revenue  an  emergency  exist  3 
for  this  Act,  therefore  this  Act  shall  be  in  force  frg 
its  passage. 

CHAPTER  111. 

PRIVILEGE  TAX  ON  EXPRESS   COMPANIES. 

Approved  March  10,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

Purpose  of  amendment.  §1.  That  §31  of  an  ActTj\ 
raise  revenue  for  the  support  of  the  government  an  1 
public  free  schools,  and  to  pay  the  interest  on  the  publi ; 
debt,  and  to  provide  a  special  tax  for  pensions  as  at 
thorized  by  §  189  of  the  constitution,  approved  Apr  1 
16,  1903.  as  amended  by  an  Act  to  amend  and  r  - 
enact  §  31  of  an  Act  entitled  an  Act  to  raise  revenu  3 
for  the  support  of  the  government  and  public  free  school  i 
and  to  pay  the  interest  on  the  public  debt,  and  to  pn  - 
vide  a  special  tax  for  pensions,  as  authorized  by  §  18  ( 
of  the  constitution,  approved  April  16,  1903,  approve  1 
March  11,  1908,  be  amended  and  re-enacted  so  as  to  rea  1 
as  follows: 

Privilege  tax  on  express  companies,  i  31.  Each  an  1. 
every  express  company  doing  business  in  this  State,  i  i 
addition  to  the  property  tax,  shall,  for  the  privilege  c  t 
doing  business  between  points  within  this  State,  pay  i 
license  tax  as  follows,  to-wit:  Each  and  every  express ' 
company  operating  a  mileage  in  this  State  shall  pay  i 
license  tax  of  $6  for  every  mile  so  operated  within  thl3 
State,  and  no  express  company  which  shall  have  pal  1 
the  privilege  tax  hereby  imposed  shall  be  required  tJ 
pay  an  additional  tax  to  the  State,  except  the  property  tat 
hereinbefore  referred   to   and   its  annual   registration   fe<'. 

Each  express  company  doing  business  in  this  State 
shall,  in  addition  to  the  report  required  by  §  29  of  this 
Act,  report  annually  on  or  before  the  first  day  of  Sel^ 
tember  upon  forms  prepared  and  furnished  by  the  State 
corporation  commission,  under  oath  of  its  president  or 
other  proper  ofllcer,  to  the  State  corporation  commiii- 
sion  the  number  of  miles  operated  by  it  within  this 
State  on  the  13th  day  of  June  preceding. 

Upon  receipt  of  such  report,  the  State  corporatioa 
commission  shall  assess  the  license  tax  herein  imposed. 
Should  any  express  company  fail  to  make  such  report 
at  the  time  herein  prescribed,  the  State  corporation 
commission  shall,  at  such  time  as  it  may  elect,  upon 
the  best  and  most  reliable  information  that  can  be  pro- 
cured, ascertain  the  number  of  miles  operated  by  it 
within  the  State,  and  shall  assess  against  such  company 


I'uBLic  Service  Laws 


lliHo 


said  license  tax,  and,  in  the  execution  of  sucli  duty, 
shall  be  authorized  and  empowered  to  send  for  persons 
and  papers.  A  certified  copy  of  such  assessment,  when 
made,  shall  be  immediately  forwarded  by  the  clerk  of 
the  State  corporation  commission  to  the  auditor  of  pub- 
lic accounts  and  to  the  president  or  other  proper  officer 
of  such  company. 

And  such  company  shall,  on  or  .before  the  first  day 
of  Decembeu  following,  pay  into  the  treasury  of  the 
State  the  said  tax.  Any  such  company  failing  to  pay 
said  tax  into  the  treasury  within  the  time  herein  pre- 
scribed shall  incur  a  penalty  thereon  of  5  per  centum, 
which  shall  be  added  to  the  amount  of  said  tax.  Any 
such  company  which  shall  fail  to  make  the  report  herein 
last  before  required  within  the  time  prescribed  shall  be 
liable  to  a  fine  of  not  less  than  $25  nor  more  than  |100 
for  each  day  such  company  may  be  in  default  in  making 
such  report,  the  said  fine  to  be  imposed  and  judgment 
entered  therefor  by  the  State  corporation  commission, 
after  30  days'  notice  to  such  defaulting  corporation  to 
appear  before  the  said  commission  and  show  cause,  if 
any,  against  the  imposition  of  such  fine,  subject  to 
appeal  to  the  Supreme  Court  of  Appeals  of  Virginia. 

2.  The  collection  of  current  revenues  being  affected, 
an  emergency  is  declared  to  exist,  and  this  Act  shall  be 
in  force  from  its  passage. 

CHAPTER  281. 

TAXATION    OF   RAILWAY    AND    CANAL    COMPANIES. 

Approved  March  16,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

Amendment.  §  1.  That  §  27  of  an  Act  entitled  an  Act 
to  raise  revenue  for  the  support  of  the  government  and 
public  free  schools  and  to  pay  the  interest  on  the 
public  debt,  and  to  provide  a  special  tax  for  pensions, 
as  authorized  by  §  189  of  the  constitution,  approved 
April  16,  1903,  as  amended  by  an  Act  approved  March 
17,  1906,  be  amended  and  re-enacted  so  as  to  read  as 
follows: 

Annual  report  to  the  State.  §  27.  Every  railway  and 
canal  corporation  of  this  State  not  exempt  from  taxa- 
tion by  virtue  of  its  charter,  and  every  railroad  and 
canal  corporation  incorporated  under  the  laws  of  any 
other  State  doing  business  in  this  State,  shall  report 
annually  on  or  before  the  fifteenth  day  of  August  to  the 
State  corporation  commission  all  of  its  real  and  per- 
sonal property  of  every  description,  as  of  the  thirtieth 
day  of  June  preceding,  showing  particularly  in  what 
county  or  corporation  the  principal  office  or  agency  of 
such  corporation  is  located  in  this  State,  and  in  what 
county  or  corporation  the  principal  office  or  agency 
of  such  corporation  is  located,  and  also  showing  what 
part  of  such  property  is  located  in  each  school  district 
of  such  county,  and  classifying  the  same  under  the  fol- 
lowing heads: 

First.     Roadway  and  track  or  canal  bed. 
Second.       Depots,     depot    grounds    and    lots,    station 
buildings  and  fixtures,  and  machine  shops. 

Third.  Real  estate  not  included  in  other  classes. 
Fourth.  Rolling  stock,  including  passenger,  freight, 
cattle  or  stock,  baggage,  mail,  express,  sleeping,  palace, 
a,nd  all  other  cars  owned  by  or  belonging  to  the  corpo- 
ration, boats,  machinery,  depot  and  office  furniture  and 
equipment,  house  and  appurtenances  occupied  by  lock- 
gate  keepers  and  other  employes;  provided,  that  foreign 
railway  and  canal  corporations  doing  business  in  this 
State  shall  report  and  be  assessed  on  the  average 
amount  of  rolling  stock  habitually  used  by  them  in  this 
State. 

Fifth.    Stores. 
Sixth.     Telegraph  lines. 

Seventh.  Stock,  bonds  and  other  evidences  of  debt 
of  other  corporations  and  individuals  and  firms  held 
by    such    company. 

Eighth.  Stocks,  bonds  and  other  evidences  of  debt 
of  any  person  or  corporation  belonging  to  any  such 
company  chartered  in  this  State,  in  excess  of  its  indebt- 
edness, whether  the  same  be  held  in  trust  or  otherwise 
by  some  other  person,  firm  or  corporation,  within  or 
without  this  State,  which,  for  the  purpose  of  this  Act, 
shall  be  considered  to  be  located  at  the  principal  office 
of  such  company  in  this  State. 

Ninth.     All  other  personal  property  of  such  company 


not  enumerated  in  either  of  the  foregoing  heads,  which 
would  be  taxable  under  this  Act  if  the  same  belonged 
to  an  individual. 

Every  such  corporation  shall  also  report,  on  or  be- 
fore the  fifteenth  day  of  August  of  each  year,  the  gross 
transportation  receipts  of  the  railway  or  canal  for  the 
12  months  preceding  the  thirtieth  day  of  June  of  each 
year,  and  in  all  cases  the  report  shall  be  so  made  as  to 
give  the  data  on  which  the  same  is  made.  If  such  rail- 
way or  canal  is  only  in  part  within  the  commonwealth, 
the  report  shall  show  what  part  is  within  the  common- 
wealth, and  what  proportion  the  same  bears  to  the 
entire  length  of  the  road  or  canal,  and  shall  apportion 
the  said  receipts  accordingly.  The  report  herein  re- 
quired shall  be  verified  by  the  oath  of  the  president 
or  other  proper  officer.  The  State  corporation  commis- 
sion shall,  after  30  days'  notice  previously  given  by  It 
to  the  president,  treasurer  or  other  proper  officer  of 
such  corporation,  proceed  to  ascertain  the  value  of 
property  and  the  gross  transportation  receipts  so  re- 
ported, upon  the  best  and  most  reliable  information 
that  can  be  procured,  and  to  this  end  shall  be  author- 
ized and  empowered  to  send  for  persons  and  papers. 
The  State  corporation  commission  shall  assess  upon 
said  property  and  gross  transportation  receipts  the  taxes 
imposed    thereon    by    law. 

A  certified  copy  of  the  assessment,  when  made,  shall 
be  immediately  forwarded  by  the  clerk  of  the  State 
corporation  commission,  hot  later  than  the  fifteenth  day 
of  October,  to  the  auditor  of  public  accounts  and  to  the 
president  or  other  proper  officer  of  each  railway  and 
canal  corporation  so  assessed,  whose  duty  it  shall  be  to 
pay  into  the  treasury  of  the  State,  on  or  before  the  first 
day  of  November  following,  the  taxes  upon  its  property 
and  the  franchise  tax  upon  the  gross  transp.ortation  re- 
ceipts as  shown  by  said  copy  of  the  assessment. 

CHAPTER  150. 

1  AX   ON  TELEGRAPH  COMPANIE.S. 

Approved  March  14,  1910. 
Be  it  enacted  by  the  general  assembly  of  Virginia: 

§  1.  That  §  36  of  an  Act  approved  April  16,  1903,  enti- 
tled an  Act  to  raise  revenue  for  the  support  of  the 
government  and  public  free  schools  and  to  pay  the 
interest  on  the  public  debt,  and  to  provide  a  special 
tax  for  pensions,  as  authorized  by  §  189  of  the  constitu- 
tion, be  amended  and  re-enacted  so  as  to  read  as  fol- 
lows: 

Privilege  tax  on  telegraph  companies.  §  36.  Each  tele- 
graph company  and  firm,  or  person,  operating  the  appa- 
ratus necessary  to  communicate  by  telegraph,  shall,  for 
the  privilege  of  doing  business  between  points  within 
this    State,    pay    a    license    tax    as    follows,    to-wit: 

Two  dollars  per  mile  of  line  of  poles  or  conduits 
owned  or  operated  by  the  company,  firm  or  person  in 
this  State,  and  an  additional  charge  of  2  per  centum  of 
the  gross  receipts  of  the  company,  ■  firm  or  person  re- 
ceived (or  due,  though  not  received)  from  business  done 
within  this  State  during  the  year  ending  the  thirtieth 
day   of  June. 

The  specific  license  tax  to  be  paid  by  every  corpora- 
tion, person  or  association  for  the  privilege  of  op€rating 
the  apparatus  necessary  to  communicate  by  telephone, 
shall  be,  when  the  gross  receipts  do  not  exceed  $50,000, 
and  when  the  number  of  miles  of  poles  does  not  exceed 
400,  and  a  majority  of  the  stock  or  other  property  of 
such  company  is  not  owned  or  controlled  by  any  other 
telephone  or  telegraph  company  whose  receipts  exceed 
$50,000,  a  sum  equal  to  1  per  centum  of  the  gross  re- 
ceipts of  such  corporation,  person  or  association  from 
business  done  within  this  State  during  the  year  ending 
the  thirtieth  day  of  June  preceding;  when  the  gross 
receipts  from  business  done  within  this  State  during 
any  such  year  are  in  excess  of  $50,000,  or  the  number 
of  miles  of  poles  exceeds  400,  or  a  majority  of  the  stock 
or  other  property  of  such  company  is  owned  or  con- 
trolled by  any  other  telephone  or  telegraph  company 
whose  receipts  exceed  $50,000,  the  license  tax  shall  be 
a  sum  equal  to  1  per  centum  of  such  receipts  up  to 
$50,000,  and  an  additional  sum  equal  to  2  per  centum 
of  such  receipts  exceeding  $50,000,  and  in  addition  a 
eum  equal  to  $2  per  mile  of  line  of  poles  or  conduits 
owned   or  operated  by  such  corporation,  person  or  asso- 


13S4 


National  Association  of  Eailway  Commissioners 


elation  in  this  State;  provided,  that  no  license  tax  shall 
he  charged  against  any  telephone  company  chartered  in 
this  State  for  the  privilege  of  prosecuting  its  business 
when  such  company  is  purely  a  local  mutual  association, 
and  does  not  charge  others  for  transmitting  messages 
over  its  line  or  lines,  and  is  not  designed  to  accumulate 
profits  for  the  benefit  of,  or  to  pay  dividends  to,  the 
stockholders    or    members    thereof. 

The  license  tax  to  be  paid  by  any  firm  or  person  not 
incorporated,  transacting  a  telegraph  or  telephone  busi- 
ness, or  owning  and  operating  a  telegraph  or  telephone 
instrument,  line  or  conduit,  shall  be  assessed  by  the 
commissioner  of  the  revenue  for  the  district  or  city 
wherein  the  principal  office  of  such  firm  or  person  Is 
located,  or  in   which  such  firm  or  person  resides. 

CHAPTER  256. 

TAXATION    OF   TELEGRAPH    AND   TELEPHONE   COMPANIES. 

(Amendment  approved  March  16,  1910.) 
Annual  report  to  the  State.  §  34.  Each  incorporated 
telegraph  and  telephone  company  doing  business  in  this 
State,  owning  and  operating  a  telegraph  or  telephone 
line  in  this  State,  shall  report  annually  on  the  first  day 
of  September  to  the  State  corporation  commission  all 
of  its  real  and  personal  property  of  every  description 
in  this  State  belonging  to  it  on  the  thirtieth  day  of 
June  preceding,  showing  particularly  in  what  corpora- 
tion, county  and  school  district  the  property  is  located, 
and  classify  the  same  under  the  following  heads: 

(1)  Number  of  miles  of  poles  or  conduits  owned 
or  operated  by  it  within  this  State  on  the  thirtieth  day 
of  June  preceding  in  each  county,  city,  town  and  school 
district. 

(2)  Number  of  miles  of  wire  in  excess  of  one  wire 
In  each  city,  county,  town  and  school  district. 

(3)  Real  and  personal  property,  including  the  value 
of  the  telephone  instruments,  switchboards,  et  cetera, 
and  the  value  of  telegraph  instruments,  apparatus,  et 
cetera,  in  each  city,  county,  town  or  school  district. 

(4)  The  gross  earnings  and  receipts  in  this  State 
for  the  12  months  next  preceding  the  thirtieth  day  of 
June. 

The  report  herein  required  shall  be  certified  by  the 
oath  of  the  president  or  other  proper  officer  of  the 
company  making   the   same. 

The  State  corporation  commission  shall,  after  30 
days'  notice  previously  given  by  it  to  the  president  or 
other  proper  officer  of  each  of  such  companies,  incorporated 
under  the  laws  of  this  or  any  other  State,  assess  the 
value  of  its  property.  Should  any  such  incorporated 
company  fall  to  make  such  report  at  the  time  herein 
prescribed,  the  State  corporation  commission  shall,  at 
such  time  as  it  may  elect,  upon  the  best  and  most 
reliable  information  that  can  be  procured,  assess  the 
value  of  the  property  of  said  company  and  assess  upon 
said  property  the  taxes  imposed  by  law,  and  shall  also 
assess  the  license  tax  Imposed  by  law  upon  every  such 
company,  and  in  the  execution  of  such  duty  shall  be 
authorized  and  empowered  to  send  for  persons  and 
papers. 

The  State  corporation  commission  shall  assess  upon 
said   property  the  taxes  Imposed  thereon  by  law. 

A  certified  copy  of  the  assessment,  when  made,  shall 
be  immediately  forwarded  by  the  clerk  of  the  State 
corporation  commission  to  the  auditor  of  public  accounts 


and  to  the  president  or  other  proper  officer  of  eacii 
such  company,  and  such  company  shall  pay  into  the 
treasury  of  the  State  by  the  first  day  of  December  fol- 
lowing the  taxes  assessed  against  it. 

It  shall  be  the  duty  of  the  State  corporation  commis- 
sion to  furnish  to  the  council  of  every  corporation  and 
to  the  board  of  supervisors  of  every  county,  and  to 
every  city  and  county  treasurer  wherein  any  property 
belonging  to  any  such  corporation  is  situated,  a  cer- 
tified copy  of  the  assessment  made  by  the  State  cor- 
poration commission  of  such  company's  property,  its 
value  and  the  location  for  the  purposes  of  taxation  in 
each  city,  county  and  district,  so  that  city,  towrtT  county, 
district  and  road  levies  may  be  imposed  upon  the  same 

It  shall  be  the  duty  of  the  county  superintendent  of 
schools  in  each  county,  in  which  any  such  telegraph  or 
telephone  company  operating  a  telegraph  or  telephone' 
line  owns  property,  on  or  before  the  first  day  of  July  of 
each  year,  to  furnish  such  telegraph  or  telephone  com- 
pany and  the  clerk  of  the  State  corporation  commission, 
the  boundaries  of  the  school  district  of  said  couaf 
wherein  any  such   property  is  situated. 

It  shall  be  the  duty  of  tlie  Judge  of  the  Circuit  Cour 
for  each  county,  at  the  next  term  of  said  court  after  the 
first  day  of  July  In  each  year,  to  instruct  the  grand  jury 
to  inquire  into  and  ascertain  whether  or  not  the  county 
superintendent  of  schools  has  furnished  the  boundaries  of 
each  school  district  to  such  telegraph  and  telephone 
companies  operating  in  said  county  and  to  the  clerk  of 
the  corporation  commission.  If  the  grand  jury  shall 
find  that  the  county  superintendent  of  schools  has  not 
furnished  the  boundaries  of  such  school  districts  as 
herein  provided,  Indictments  shall  be  found  against  him 
for  a  misdemeanor,  and,  upon  conviction  thereof,  he  shall 
be  fined  not  less  than  $25  nor  more  than  $100  for  each 
school   district  so   omitted. 

Any  company  failing  to  pay  said  taxes  into  the 
treasury  within  the  time  herein  prescribed,  shall  Incur 
a  penalty  thereon  of  5  per  centum,  which  shall  be  added 
to  the  amount  of  said  taxes. 

Emergency.  §  2.  The  collection  of  current  revenue 
being  affected,  an  emergency  is  declared  to  exist,  and 
this  Act  shall  be  in  force  from  Its  passage. 


of 

irt      I 


31,   ana    j 

4 


CHAPTER  255. 
Approved  March  16,  1910. 

Tax  imposed  on  telegraph  and  telephone  companies.  §  35. 
On  the  real  and  personal  property  of  telegraph  and 
telephone  companies  owning  or  operating  telegraph  or 
telephone  lines  In  this  State,  there  shall  be  a  tax  of 
20  cents  on  every  $100  of  the  assessed  value  of  the 
real  estate  and  tangible  personal  property,  and  a  tax 
of  25  cents  on  every  $100  of  the  assessed  value  of  the 
intangible  personal  property  of  every  such  company,  the 
proceeds  of  which  shall  be  applied  to  the  support  of 
the  government,  and  a  further  tax  of  10  cents  on  every 
$100  of  the  assessed  value  thereof,  which  shall  be  ap- 
plied to  the  support  of  the  public  free  schools  of  this 
State;  and  a  further  special  tax  of  5  cents  on  every 
$100  of  the  assessed  value  of  the  real  estate  and  tangible 
personal  property  of  every  such  company,  which  shall 
be  applied  to  the  payment  of  pensions. 

Emergency.     §  2.    The  collection  of  current  revenue  b^ 
ing  affected,  an  emergency  is  declared  to  exist,  and  tl 
Act   shall   be   in   force   from   its   passage. 


PUBLIC  SERVICE  LAWS  OF  WASHINGTON 


CONSTITUTIONAL  PROVISIONS. 

ARTICLE  I.      RILL   OF  RIGHTS. 

Irrevocable  privilege,  franchise  or  immunity  prohibited. 
§  8.  No  law  granting  Irrevocably  any  privilege,  franchise, 
or  immunity  shall  he  passed  by  the  legislature. 

Special  privileges  and  immunities  prohibited.  §  12.  No 
law  shall  be  passed  granting  to  any  citizen,  class  of  citi- 
zens, or  corporation,  other  than  municipal,  privileges  or 
immunities  which,  upon  the  same  terms,  shall  not  equally 
belong  to  all  citizens  or  corporations. 

Eminent  domain.  §16.  Private  property  Btaall  not  be 
taken  for  private  use,  except  for  private  ways  of  neces- 


sity, and  for  drains,  flumes,  or  ditches  on  or  across  th 
lands  of  others  for  agricultural,  domestic,  or  sanitar^ 
purposes.  No  private  property  shall  be  taken  or  damaged 
for  public  or  private  use  without  just  compensation  hav- 
ing been  first  made,  or  paid  into  court  for  the  owner, 
and  no  right  of  way  shall  be  appropriated  to  the  use  of 
any  corporation  other  than  municipal  until  full  compensa- 
tion therefor  be  first  made  in  money,  or  ascertained  and 
paid  into  court  for  the  owner,  irrespective  of  any  benefit 
from  any  improvement  proposed  by  such  corporation, 
which  compensation  shall  be  ascertained  by  a  jury,  un- 
less a  jury  be  waived,  as  In  other  civil  cases  in  court  of 
record.  In  the  manner  prescribed  by  law.    Whenever  an 


Public  Service  Laws 


1385 


attempt  is  made  to  take  private  property  for  a  use  al- 
leged to  be  public,  the  question  whether  the  contemplated 
use  be  really  public  shall  be  a  judicial  question,  and 
determined  as  such,  without  regard  to  any  legislative 
assertion  that  the  use  is  public. 

Constitution  mandatory.  §  29.  The  provisions  of  this 
constitution  are  mandatory,  unless  by  express  wojds 
they   are   di^clared   to   be   otherwise. 

ARTICLE   II.      LEGISLATIVE   DEPARTMENT. 

Special  legislation.  §  28.  The  legislature  is  prohibited 
from  enacting  any  private  or  special  laws  in  the  follow- 
ing cases: 

6.     For  granting  corporate  powers  or  privileges. 

10.  Releasing  or  extinguishing,  in  whole  or  in  part, 
the  indebtedness,  liability,  or  other  obligation  of  any 
person  or  corporation  to  this  State,  or  to  any  municipal 
corporation  therein. 

Ownership  of  lands  ty  alietis,  prohibited — Exceptions. 
§  33.  The  ownership  of  lands  by  aliens,  other  than  those 
who  in  good  faith  have  declared  their  intention  to  be- 
come citizens  of  the  United  States,  is  prohibited  in  this 
State,  except  where  acquired  by  inheritance,  under 
mortgage  or  in  good  faith  in  the  ordinary  course  of 
justice  in  the  collection  of  debts;  and  all  conveyances  of 
lands  hereafter  made  to  any  alien  directly,  or  in  trust 
for  such  alien,  shall  be  void;  provided,  that  the  provisions 
of  this  section  shall  not  apply  to  lands  containing  valu- 
able deposits  of  minerals,  metals,  iron,  coal,  or  fire  clay, 
and  the  necessary  land  for  mills  and  machinery  to  be 
used  in  the  development  thereof  and  the  manufacture  of 
the  products  therefrom.  Every  corporation,  the  majority 
of  the  capital  stock  of  which  is  owned  by  aliens,  shall  be 
considered   an  alien  for  the  purposes  of  this   prohibition. 

Free  transportation  to  public  officers  prohibited.  §  39. 
It  shall  not  be  lawful  for  any  person  holding  public  office 
in  this  State  to  accept  or  use  a  pass  or  to  purchase 
transportation  from  any  railroad  or  other  corporation, 
other  than  as  the  same  may  be  purchased  by  the  general 
public,  and  the  legislature  shall  pass  laws  to  enforce  this 
provision. 

ARTICLE   VIII.      PUBLIC   INDEBTEDNESS. 

Credit  not  to  be  loaned.  §  5.  The  credit  of  the  State 
shall  not,  in  any  manner,  be  given  or  loaned  to  or  in  aid 
of  any  individual,  association,  company,  or  corporation. 

Credit  not  to  be  loaned.  §  7.  No  county,  city,  town,  or 
other  municipal  corporation  shall  hereafter  give  any 
money,  or  property,  or  loan  its  money  or  credit,  to  or  in  aid 
of  any  individual,  association,  company,  or  corporation,  ex- 
cept for  the  necessary  support  of  the  poor  and  infirm,  or 
become  directly  or  indirectly  the  owner  of  any  stock  in 
or  bonds   of  any   association,   company,   or  corporation. 

ARTICLE  XII.      CORPORATIONS   OTHER  THAN   MUNICIPAL. 

Corporations,  how  formed.  §  1.  Corporations  may  be 
formed  under  general  laws,  but  shall  not  be  created  by 
special  Acts.  All  laws  relating  to  corporations  may  be 
altered,  amended,  or  repealed  by  the  legislature  at  any 
time,  and  all  corporations  doing  business  in  this  State 
may,  as  to  such  business,  be  regulated,  Jimited  or  re- 
strained by  law. 

Existing  charters.  §  2.  All  existing  charters,  franchises, 
special  or  exclusive  privileges,-  under  which  an  actual 
and  bona  fide  organization  shall  not  have  taken  place, 
and  business  been  commenced  in  good  faith,  at  the  time 
of  the  adoption  of  this  constitution,  shall  thereafter  have 
no   validity. 

Existing  charters  not  to  be  extended  nor  forfeiture  re- 
mitted. §  3.  The  legislature  shall  not  extend  any  franchise 
or  charter,  nor  remit  the  forfeiture  of  any  franchise  or 
charter  of  any  corporation  now  existing,  or,  which  shall 
hereafter  exist  under  the  laws  of  this  State. 

Liability  of  stockholders.  §  4.  Each  stockholder  in  all 
incorporated  companies,  except  corporations  organized 
for  banking  or  insurance  purposes,  shall  be  liable  for 
the  debts  of  the  corporation  to  the  amount  of  his  unpaid 
stock,  and  no  more,  and  one  or  more  stockholders  may  be 
joined  as  parties  defendant  in  suits  to  recover  upon  this 
liability. 

Term,  "corporation"  defined — Right  to  sue  and  be  sued. 
§  5.  The  term  "corporation"  as  used  in  this  article  shall  be 
construed  to  include  all  associations  and  joint  stock 
companies  having  any  powers  or  privileges  of  corpora- 
tions not  possessed  by  individuals  or  partnerships,  and  all 


corporations  shall  have  the  right  to  use  and  shall  be  si!- 
ject  to  be  sued  in  all  courts  in  like  cases  as  natural  persons. 

Limitations  upon  issuance  of  stock.  §  6.  Corporations 
shall  not  issue  stock,  except  to  bona  fide  subscribers 
thereof,  or  their  assignees;  nor  shall  any  corporation 
issue  any  bond  or  other  obligation  for  the  payment  of 
money,  except  for  money  or  property  received  or  labor 
done.  The  stock  of  corporations  shall  not  be  increased, 
except  in  pursuance  of  a  general  law,  nor  shall  any  law 
authorize  the  increase  of  stock,  without  the  consent  of 
the  person  or  persons  holding  the  larger  amount  in 
value  of  the  stock,  nor  without  due  notice  of  the  proposed 
increase  having  been  previously  given  in  such  manner  as 
may  be  prescribed  by  law.  All  fictitious  increase  of  stock 
or   indebtedness   shall   be  void. 

Foreign  corporations.  §  7.  No  corporation  organized 
outside  the  limits  of  this  State  shall  be  allowed  to  trans- 
act business  within  the  State  on  more  favorable  condi- 
tions than  are  prescribed  by  law  to  similar  corporations 
organized  under  the  laws  of  this  State. 

Alienation  of  franchise  not  to  release  liabilities.  S  8. 
No  corporation  shall  lease  or  alienate  any  franchise,  so 
as  to  relieve  the  franchise,  or  property  held  thereunder, 
from  the  liabilities  of  the  lesser  or  grantor,  lessee  or 
grantee,  contracted  or  incurred  in  the  operation,  use,  or 
enjoyment  of  such   franchise  or  any  of  its  privileges. 

State  not  to  loan  its  credit  or  subscribe  for  stock.  §  9. 
The  State  shall  not  in  any  manner  loan  its  credit,  nor 
shall  it  subscribe  to  or  be  interested  in  the  stock  of  any 
company,    association    or    corporation. 

Em  inent  domain  affecting.  §  10.  The  exercise  of  the 
right  of  eminent  domain  shall  never  be  so  abridged  or 
construed  as  to  prevent  the  legislature  from  taking  the 
property  and  franchise  of  incorporated  companies,  and 
subjecting  them  to  public  use  the  same  as  the  property 
of  individuals. 

Common  carriers,  regulation  of.  %  13.  All  railroad, 
canal  and  other  transportation  companies  are  declared 
to  be  common  carriers  and  subject  to  legislative  control. 
Any  association  or  corporation  organized  for  the  purpose, 
under  the  laws  of  this  State,  shall  have  the  right  to  con- 
nect at  the  State  line  with  railroads  of  other  States. 
Every  railroad  company  shall  have  the  right  with  its 
road,  whether  the  same  is  now  constructed  or  may  here- 
after be  constructed,  to  intersect,  cross  or  connect  with 
any  other  railroad,  and  when  such  railroads  are  of  the 
same  or  similar  gauge  they  shall,  at  all  crossings  and  at 
all  points  where  a  railroad  shall  begin  or  terminate  at 
or  near  any  other  railroad,  form  proper  connections  so 
that  the  cars  of  any  such  railroad  companies  may  be 
speedily  transferred  from  one  railroad  to  another.  All 
railroad  companies  shall  receive  and  transport  each  the 
other's  passengers,  tonnage,  and  cars,  without  delay  or 
discrimination. 

Prohibition  against  combination  by  carriers.  §  14.  No 
railroad  company  or  other  common  carrier  shall  combine 
or  make  any  contract  with  the  owners  of  any  vessel  that 
leaves  port  or  makes  port  in  this  State,  or  with  any  com- 
mon carrier,  by  which  combination  or  contract  the  earn- 
ings of  one  doing  the  carrying  are  to  be  shared  by  the 
other   not  doing  the  carrying. 

Prohibition  against  discrim,inatory  charges.  §  15.  No 
discrimination  in  charges  or  facilities  for  transportation 
shall  be  made  by  any  railroad  or  other  transportation 
company  between  places  or  persons,  or  in  the  facilities 
for  the  transportation  of  the  same  classes  of  freight  or 
passengers  within  this  State,  or  coming  from  or  going 
to  any  other  State.  Persons  and  property  transported 
over  any  railroad,  or  by  any  other  transportation  com- 
pany, or  individual,  shall  be  delivered  at  any  station, 
landing  or  port  at  charges  not  exceeding  the  charges  for 
the  transportation  of  persons  and  property  of  the  same 
class,  in  the  same  direction,  to  any  more  distant  station, 
port  or  landing.  Excursion  and  communication  tickets 
may  be  issued  at  special  rates. 

Prohibition  against  consolidation  of  competing  lines. 
§  16.  No  railroad  corporation  shall  consolidate  its  stock, 
property,  or  franchises  with  any  other  railroad  corpora 
lion   owning   a   competing  line. 

Rolling  stock,  personalty  for  purposes  of  taxation.  §17. 
The  rolling  stock  and  other  movable  property  belonging 
to  any  railroad  company  or  corporation  in  this  State  shall 
be    considered    personal   property,   and   shall   be   liable   to 


1386 


National  Association  of  IIailway  Commissioners 


taxation  and  to  execution  and  sale  in  the  same  manner 
as  the  personal  property  of  individuals,  and  such  property 
shall  not  be  exempted  from  execution  sale. 

Maximum  rates  for  transportation.  §  18.  The  legisla- 
ture shall  pass  laws  establishing  reasonably  maximum 
rates  of. charges  for  the  transportation  of  passengers  and 
freight,  and  to  correct  abuses  and  to  prevent  discrimina- 
tion and  extortion  in  the  rates  of  freight  and  passenger 
tariffs  on  the  different  railroads  and  other  common  car- 
riers in  the  State,  and  shall  enforce  such  laws  by  ade- 
quate penalties.  A  railroad  and  transportation  commis- 
sion may  be  established,  and  its  powers  and  duties  fully 
defined  by  law. 

Telegraph  and  telephone  companies  may  construct  lines 
■ — Exchange  of  messages — Eminent  domain.  §  19.  Any  as- 
sociation or  corporation,  or  the  lessees  or  managers 
thereof,  organized  for  the  purpose,  or  any  individual, 
shall  have  the  right  to  construct  and  maintain  lines  of 
telegraph  and  telephone  within  this  State,  and  said  com- 
panies shall  receive  and  transmit  each  other's  messages 
without  delay  or  discrimination  and  all  of  such  com- 
panies are  hereby  declared  to  be  common  carriers  and 
subject  to  legislative  control.  Railroad  corporations  or- 
ganized or  doing  business  in  this  State  shall  allow  tele- 
graph and  telephone  corporations  and  companies  to  con- 
struct and  maintain  telegraph  lines  on  and  along  the 
rights  of  way  of  such  railroads  and  railroad  companies, 
and  no  railroad  corporation  organized  or  doing  business 
in  this  State  shall  allow  any  telegraph  corporation  or 
company  any  facilities,  privileges  or  rates  for  transpor- 
tation of  men  or  material  or  for  repairing  their  lines 
not  allowed  to  all  telegraph  "companies.  The  right  of 
eminent  domain  is  hereby  extended  to  all  telegraph  and 
telephone  companies.  The  legislature  shall,  by  general 
law  of  uniform  operation,  provide  reasonable  regulations 
to  give  effect  to  this  section. 

Prohibition  against  free  transportation  for  public  offi- 
cers. §  20.  No  railroad  or  other  transportation  company 
shall  grant  free  passes,  or  sell  tickets  or  passes  at  a 
discount,  other  than  sold  to  the  public  generally,  to  any 
member  of  the  legislature,  or  to  any  person  holding  any 
public  office  within  this  State.  The  legislature  shall  pass 
laws  to  carry  this  provision  into  effect, 

Express  companies.  §  21.  Railroad  companies,  now  or 
hereafter  organized  or  doing  business  in  this  State,  shall 
allow  all  express  companies  organized  or  doing  business 
in  this  State  transportation  over  all  lines  of  railroad 
owned  or  operated  by  such  railroad  companies  upon  equal 
terms  with  any  other  express  company;  and  no  railroad 
corporation  organized  or  doing  business  in  this  State 
shall  allow  any  express  corporation  or  company  any  fa- 
cilities, privileges  or  rates  for  transportation  of  men  or 
materials  or  property  carried  by  them,  or  for  doing  the 
business  of  such  express  companies,  not  allowed  to  all 
express  companies. 

Monopolies  and  trusts.  §  22.  Monopolies  and  trusts  shall 
never  be  allowed  in  this  State,  and  no  incorporated  com- 
pany, copartnership,  or  association  of  persons  in  this 
State  shall  directly  or  indirectly  combine  or  make  any 
contract  with  any  other  incorporated  company,  foreign 
or  domestic,  through  their  stockholders,  or  the  trustees 
or  assignees  of  such  stockholders,  or  with  any  copartner- 
ship or  association  of  persons,  or  in  any  manner  what- 
ever, for  the  purpose  of  fixing  the  price  or  limiting  the 
production  or  regulating  the  transportation  of  any  prod- 
uct or  commodity.  The  legislature  shall  pass  laws  for 
the  enforcement  of  this  section  by  adequate  penalties, 
and  in  case  of  incorporated  companies,  if  necessary  for 
that  purpose,  may  declare  a  forfeiture  of  their  franchise. 

STATUTE  LAW. 
Note. — In  Washington  the  railroad  commission  statute 
has  been  superseded  by  the  Public  Service  Commission 
Law  of  1911,  which  is  in  full  as  follows,  the  paragraph 
catchwords  being  taken  for  the  most  part  from  the 
marginal  notes  of  the  official  edition  of  the  Session  I.^ws 
of   1911: 

PUBLIC    SERVICE    COMMISSION    LAW 1911. 

An  Act  relating  to  public  service  properties  and  utilities, 
providing  for  the  regulation  of  the  same,  fixing  penal- 
ties for  the  violation  thereof,  making  an  appropriation 
and  repealing  certain  acts. 

Be  it  enacted  by  the  legislature  of  the  State  of  Washington : 


a 


ARTICLE  I.      PUBLIC   SERVICE  DOMMISSION — GENERAL  PB0VI8I0.NS. 

Short  title— Name.  §  1.  This  Act  shall  be  known  as  the 
"Public  Service  Commission  Law,"  and  shall  apply  to 
the  public  services  herein  described  and  the  commission 
hereby  created. 

Public  service  commission:  appointment — Term — Re 
moval — Commission  of  three  persons.  ^  2.  There  shall  be 
and  there  is  hereby  created,  a  public  service  commission 
consisting  of  three  persons,  one  of  whom  shall  be  elected 
as  chairman,  to  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate.  The  terms, 
of  the  commissioners  first  appointed  under  the  provisions 
of  this  Act  shall  be,  one  for  the  term  of  six  years,  one 
for  the  term  of  four  years,  and  one  for  the  term  of  two- 
years;  and  thereafter  the  term  of  each  commissioner 
shall  be  six  years  from  and  after  the  expiration  of  the 
term  of  his  predecessor.  Each  commissioner  shall  hold 
office  until  his  successor  shall  have  been  appointed  aidH 
qualified.  ^[| 

Removal.  The  governor  may  remove  any  commissioner 
for  inefficiency,  neglect  of  duty  or  misconduct  in  office, 
giving  to  him  a  copy  of  the  charges  against  him,  and  an 
opportunity  of  being  publicly  heard  in  person  or  by 
counsel  in  his  own  defense,  upon  not  less  than  10  days 
notice.  If  such  commissioner  shall  be  removed  the 
governor  shall  file  in  the  office  of  the  secretary  of  State 
a  complete  statement  of  all  charges  made  against  such 
commissioner,  and  his  findings  thereon,  together  with 
complete  record  of  the  proceedings,  and  there  shall  be 
right  to  review  of  the  same  in  any  court  whatsoever. 

Vacancies,  how  filled.  The  governor  shall  fill  all  va- 
cancies in  the  office  of  commissioner  by  appointment, 
and  the  person  so  appointed  shall  fill  out  the  unexpired 
term  of  his  predecessor. 

Qualifications — Oath—Bond ;  and  Compensation.  §3.  No 
commissioner  shall  hold  any  other  office  under  the  gov- 
ernment of  the  United  States  or  of  this  State,  or  any 
county  or  muntoipal  corporation  within  this  State,  nor 
shall  he  engage  in  any  occupation  or  business  inconsist- 
ent with  his  duties  as  such  commissioner,  nor  shall  he 
hold  any  official  relation  or  be  interested  in  the  bonds, 
stocks,  mortgages,  securities,  contracts  or  earnings  of 
any  public  service  company  embraced  within  the  provlq 
ions  of  this  Act,    . 

Oath  of  office.  Before  entering  upon  the  duties  of  hi 
office  he  shall  take  and  subscribe  an  oath  of  office  to  the 
effect  that  he  will  support  the  constitution  of  the  United 
States  and  the  constitution  and  laws  of  the  State  of  Wash- 
ington, and  faithfully  and  impartially  discharge  the  duties 
of  his  office  as  required  by  law,  and  that  he  is  not  inter- 
ested, directly  or  indirectly,  in  any  public  service  company 
embraced  within  the  provisions  of  this  Act  or  any  of  its 
bonds,  stocks,  mortgages,  securities,  contracts  or  earnings. 

Bond.     Before   entering   upon   the   duties   of  his   office, 
each  commissioner  shall  give  a  surety  company  bond  (the 
cost  of  said  bond  to  be  paid  by  the  State)  in  the  sum 
$20,000,   conditioned   for  the  faithful   performance   of  hf 
duties. 

Salary.  Each  commissioner  shall  receive  an  annual  sal- 
ary of  $5,000,  payable  in  the  same  manner  as  the  salaries 
of  other  State  officers. 

Secretary.  §  4.  The  commission  shall  have  a  secretai 
to  be  appointed  by  it  and  hold  office  at  its  pleasure.  ThS 
secretary  shall  keep  full  and  accurate  minutes  of  all  trans- 
actions and  proceedings  of  the  commission  and  perforin 
such  duties  as  may  be  required  by  the  commission.  He 
shall  receive  an  annual  salary  of  $2,000. 

Duties  of  attorney-general.  S  5.  It  shall  be  the  duty  of 
the  attorney-general  to  represent  and  appear  for  the  people 
of  the  State  of  Washington  and  the  commission  in  all 
actions  and  proceedings  involving  any  question  under  this 
Act,  or  under  or  in  reference  to  any  Act  or  order  of  thf^ 
commission;  and  it  shall  be  the  duty  of  the  attorne\- 
general  generally  to  see  that  all  laws  affecting  any  of  the 
persons  or  corporations  herein  enumerated  are  complied 
with,  and  that  all  laws,  the  enforcement  of  which  devolves 
upon  the  commission,  are  enforced,  and  to  that  end  he 
is  authorized  to  institute,  prosecute  and  defend  all  neces- 
sary actions  and  proceedings. 

Organization — Meetings — Official  seal  —  Employes  —  Er- 
penses  and  reports — Commission  office,  where  located.  §  6. 
The  office  of  the  commission  shall  be  at  the  State  cap- 
ital, where  the  commission  shall  reside:    Th«  commission. 


nil 


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I'uBLic  Skrvice  Laws 


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shall  at  all  times  be  open  and  in  session  for  the  trans- 
iction  of  business.  They  shall  be  known  collectively  as 
'The  Public  Service  Commission  of  Washington"  and  shall 
adopt  and  use  an  official  seal. 

Rate  clerk  and  engineer — Salaries.  The  commission  may 
appoint  an  expert  rate  clerk  and  statistician  at  S  salary  of 
not  to  exceed  $3,000  per  annum,  an  engineer  at  a  salary  of 
aot  to  exceed  $3,000  per  annum,  an  inspector  of  safety 
appliances  at  a  salary  of  not  to  exceed  $3,000  per  annum, 
an  expert  accountant  at  a  salary  not  to  exceed  $1,800  per 
annum,  a  stenographer  competent  to  report  hearings  at  a 
salary  of  not  to  exceed  $1,800  per  annum,  and  such  engi- 
neers, inspectors,  accountants,  experts,  clerks  and  other 
assistants  as  it  may  deem  necessary,  at  such  rates  of  com- 
pensation as  it  may  determine  upon. 

Employes  take  oath.  All  employes  of  the  commission 
shall  take  an  oath  before  entering  upon  the  discharge  of 
duties  to  faithfully  and  impartially  discharge  the  duties  of 
their  several  offices. 

Expenses.  The  commissioners,  secretary,  and  other  em- 
ployes of  the  commission  shall  be  entitled  to  receive  from 
the  State  their  actual  necessary  expenses  when  traveling 
on  the  business  of  the  commission. 

Maps,  charts.  The  commission  is  authorized  to  procure 
all  necessary  books,  maps,  charts,  stationery,  instruments, 
office  furniture  and  other  appliances  deemed  by  the  com- 
mission necessary. 

Annual  report.  All  proceedings  of  the  commission,  and 
all  documents  and  records  in  its  possession,  shall  be  pub- 
lic records.  The  commission  shall  make  and  submit  to  the 
governor  an  annual  report  containing  full  and  complete 
accounts  of  the  transactions  and  proceedings  of  its  office, 
together  with  the  information  gathered  by  the  commis- 
sion as  herein  required,  and  such  other  facts,  suggestions 
and  recommendations  as  may  be  by  it  deemed  necessary, 
which  report  shall  be  published  as  the  reports  of  the  heads 
of  departments. 

Quorum — Powers  of  a  commission — Findings.  §  7.  A 
majority  of  the  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  any  business,  for  the  performance  of 
any  duty,  or  for  the  exercise  of  any  power  of  the  commis- 
sion, and  may  hold  hearings  at  any  time  or  place  within  or 
without  the  State.  Any  investigation,  inquiry  or  hearing 
which  the  commission  has  power  to  undertake  or  to  hold 
may  be  undertaken  or  held  by  or  before  any  commissioner. 
All  investigations,  inquiries  and  hearings  of  a  commis- 
sioner shall  be  and  be  deemed  to  be  the  investigations,  in- 
quiries and  hearings  of  the  commission,  and  all  findings, 
orders  or  decisions,  made  by  a  commissioner,  when  ap- 
proved and  confirmed  by  the  commission  and  filed  in  its 
office,  shall  be  and  be  deemed  to  be  the  findings,  orders  or 
decisions  of  the  commission. 

Definitions.  §  8.  The  term  "commission,"  when  used  in 
this  Act,  means  the  public  service  commission  hereby 
created. 

The  term  "commissioner,"  when  used  in  this  Act,  means 
one  of  the  members  of  such  commission. 

Corporation.  The  term  "corporation,"  when  used  in  this 
Act,  includes  a  corporation,  company,  association  or  joint 
stock  association. 

Person.  The  word  "person,"  when  used  in  this  Act,  in- 
cludes an  individual,  a  firm  or  copartnership. 

Street  railroad.  The  term  "street  railroad,"  when  used 
in  this  Act,  includes  every  railroad  by  whatsoever  power 
operated,  or  any  extension  or  extensions,  branch  or 
branches  thereof,  for  public  use  in  the  conveyance  of  per- 
sons or  property  for  hire,  being  mainly  upon,  along,  above 
or  below  any  street,  avenue,  road,  highway,  bridge  or 
public  place  within  any  one  city  or  town,  and  includes  all 
equipment,  switches,  spurs,  tracks,  bridges,  right  of  track- 
age, subways,  tunnels,  stations,  terminals  and  terminal 
facilities  of  every  kind  used  operated,  controlled  or  owned 
by  or  in  connection  with  any  such  street  railroad,  within 
this  State. 

Railroad.  The  term  "railroad,"  when  used  in  this  Act. 
includes  every  railroad,  other  than  a  street  railroad,  by 
whatsoever  power  operated  for  public  use  in  the  con- 
veyance of  persons  or  property  for  hire,  with  all  bridges, 
ferries,  tunnels,  equipment,  switches,  spurs,  tracks,  sta- 
tions and  terminal  facilities  of  every  kind  used,  operated, 
controlled  or  owned  by  or  in  connection  with  any  such 
railroad. 


Street  railroad  company.  The  term  "street  railroad 
company,"  when  used  in  this  Act,  Includes  every  corpo- 
ration, company,  association,  joint  stock  association,  part- 
nership and  person,  their  lessees,  trustees  or  receivers  ap- 
pointed by  any  court  whatsoever,  and  every  city  or  town 
owning,  controlling,  operating  or  managing  any  street  rail- 
road or  any  cars  or  other  equipment  used  thereon  or  in 
connection  therewith  within  this  State. 

Railroad  company.  The  term  "railroad  company,"  when 
used  in  this  Act,  includes  every  corporation,  company,  asso- 
ciation, joint  stock  association,  partnership  or  person,  their 
lessees,  trustees  or  receivers  appointed  by  any  court  what- 
soever, owning,  operating,  controlling  or  managing  any 
railroad  or  any  cars  or  other  equipment  used  thereon  or  ia 
connection  therewith  within  this  State. 

Express  company.  The  term  "express  company,"  when 
used  in  this  Act,  includes  every  corporation,  company,  as- 
sociation, joint  stock  association,  partnership  and  person, 
their  lessees,  trustees  or  receivers  appointed  by  any  court 
whatsoever,  who  shall  engage  in  or  transact  the  business 
of  carrying  any  freight,  merchandise  or  property  for  hire 
on  the  line  of  any  common  carrier  operated  in  this  State. 

Common  carrier.  The  term  "common  carrier,"  when 
used  in  this  Act,  includes  all  railroads,  railroad  companies, 
street  railroads,  street  railroad  companies,  steamboat  com- 
panies, express  companies,  car  companies,  sleeping  car 
companies,  freight  companies,  freight  line  companies,  and 
every  corporation,  company,  association,  joint  stock  asso- 
ciation, partnership  and  person,  their  lessees,  trustees  or 
receivers  appointed  by  any  court  whatsoever,  and  every 
city  or  town  owning,  operating,  managing  or  controlling 
any  such  agency  for  public  use  in  the  conveyance  of  per- 
sons or  property  for  hire  within  this  State. 

Gas  plant.  The  term  "gas  plant,"  when  used  in  this 
Act,  includes  all  real  estate,  fixtures  and  personal  prop- 
erty owned,  leased,  controlled,  used  or  to  be  used  for  or  in 
connection  with  or  to  facilitate  the  manufacture,  distri- 
bution, sale  or  furnishing  of  gas  (natural  or  manufactured) 
tor  light,  heat  or  power. 

Gas  company.  The  term  "gas  company,"  when  used  \n 
this  Act,  includes  every  corporation,  company,  association, 
joint  stock  association,  partnership  and  person,  their  les- 
sees, trustees  or  receivers  appointed  by  any  court  what- 
soever, and  every  city  or  town  owning,  controlling,  oper, 
ating  or  managing  any  gas  plant  within  this  State. 

Electric  plant.  The  term  "electric  plant,"  when  used  in 
this  Act,  includes  all  real  estate,  fixtures  and  personal 
property  operated,  owned,  used  or  to  be  used  for  or  in 
connection  with  or  to  facilitate  the  generation,  transmis. 
sion,  distribution,  sale  or  furnishing  of  electricity  for  light, 
heat,  or  power  for  hire;  and  any  conduits,  ducts  or  other 
devices,  materials,  apparatus  or  property  for  containing, 
holding  or  carrying  conductors  used  or  to  be  used  for 
the  transmission  of  electricity  for  light,  heat  or  power. 

Electrical  company.  The  term  "electrical  company," 
when  used  in  this  Act,  Includes  any  corporation,  company, 
association,  joint  stock  association,  partnership  and  per- 
son, their  lessees,  trustees  or  receivers  appointed  by  any 
court  whatsoever  (other  than  a  railroad  or  street  railroad 
company  generating  electricity  solely  for  railroad  or  street 
railroad  purposes  or  for  the  use  of.  its  tenants  and  not 
for  sale  to  others),  and  every  city  or  town  owning,  oper- 
ating or  managing  any  electric  plant  for  hire  within  this 
State. 

Transportation  of  property.  The  term  "transportation 
of  property,"  when  used  in  this  Act,  includes  any  service 
in  connection  with  the  receiving,  delivery,  elevation,  trans- 
fer and  transit,  ventilation,  refrigeration,  icing,  storage  and 
handling  of  the  property  transported  and  the  transmission 
of  credit. 

Transportation  of  persons.  The  term  "transportation  of 
persons,"  when  used  in  this  Act,  includes  any  service  in 
connection  with  the  receiving,  carriage  and  delivery  of 
the  person  transported  and  his  baggage  and  all  facilities 
used,  or  necessary  to  be  used  in  connection  with  the 
safety,  comfort  and  convenience  of  the  person  trans- 
ported." 

Service.  The  term  "service,"  is  used  in  this  Act  in  Its 
broadest  and  most  Inclusive  sense. 

Telephone  company.  The  term  "telephone  company," 
when  used  in  this  Act,  includes  every  corporation,  com- 


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National  Association  of  Railway  Commissioners 


pany,  association,  joint  stock  association,  partnership  and 
person,  their  lessees,  trustees  or  receivers  appointed  by 
any  court  whatsoever,  and  every  city  or  town  owning, 
operating  or  managing  any  telephone  line  or  part  of  tele- 
phone line  used  in  the  conduct  of  the  business  of  afford- 
ing telephonic  communication  for  hire  within  this  State. 

Telephone  line.  The  term  "telephone  line,"  when  uii>:d 
in  this  Act,  includes  conduits,  ducts,  poles,  wires,  cables, 
cross-arms,  receivers,  transmitters,  instruments,  machines, 
appliances,  instrumentalities  and  all  devices,  real  estate, 
easements,  apparatus,  property  and  routes  used,  operated, 
owned  or  controlled  by  any  telephone  company  to  facil- 
itate the  business  of  affording  telephonic  communication. 

Telegraph.  The  term  "telegraph  company,"  wlien  used 
in  this  Act,  includes  every  corporation,  company,  associa- 
tion, joint  stock  association,  partnership  and  person,  their 
lessees,  trustees  or  receivers  appointed  by  any  court  what- 
soever, owning,  operating  or  managing  any  telegraph  line 
or  part  of  telegraph  line  used  in  the  conduct  of  the  busi- 
ness of  affording  for  hire  communication  by  telegraph 
within  this  State. 

Telegraph  line.  The  term  "telegraph  line,"  when  used 
In  this  Act,  includes  conduits,  poles,  wires,  cables,  cross- 
arms,  instruments,  machines,  appliances,  instrumentalities 
and  all  devices,  real  estate,  easements,  apparatus,  prop- 
erty and  routes  used,  operated  or  owned  by  any  telegraph 
company  to  facilitate  the  business  of  affording  communi- 
cation by  telegraph. 

Water  system.  The  term  "water  system,'  when  used  in 
this  Act,  includes  all  real  estate,  easements,  fixtures,  per- 
sonal property,  dams,  dikes,  head  gates,  weirs,  canals, 
reservoirs,  flumes  or  other  structures  or  appliances  oper- 
ated, owned,  used  or  to  be  used  for  or  in  connection  with 
or  to  facilitate  the  supply,  storage,  distribution,  sale,  fur- 
nishing, diversion,  carriage,  apportionment  or  measure- 
ment of  water  for  power,  irrigation,  reclamation,  manufac- 
turing, municipal,  domestic  or  other  beneficial  uses  for  hire. 

Water  company.  The  term  "water  company,"  when  used 
in  this  Act,  includes  every  corporation,  company,  associa- 
tion, joint  stock  association,  partnership  and  person,  their 
lessees,  trustees  or  receivers  appointed  by  any  court  what- 
soever, and  every  city  or  town  owning,  controlling,  operat- 
ing or  managing  any  water  system  for  hire  within  this 
State. 

Vessel.  The  term  "vessel,"  when  used  in  this  Act,  in- 
cludes every  species  of  water  craft,  by  whatsoever  power 
operated,  for  the  public  use  in  the  conveyance  of  persons 
or  property  for  hire  over  and  upon  the  waters  within  this 
State  (excepting  rowboats  and  sailing  boats  under  20 
gross  tons  burden,  open  steam  launches  of  five  tons  gross 
and  under  and  vessels  under  five  gross  tons  propelled  by 
gas,  fluid,  naphtha  or  electric  motors). 

Steamboat  company.  The  term  "steamboat  company," 
when  used  in  this  Act,  includes  every  corporation,  company, 
association,  joint  stock  association,  partnership  and  person, 
their  lessees,  trustees  or  receivers  appointed  by  any  court 
whatsoever,  owning,  controlling,  leasing,  operating  or  man- 
aging any  vessel  over  and  upon  the  waters  of  this  State. 

Dock,  wharf.  The  term  "dock"  or  "wharf,"  when  used 
in  this  Act,  includes  any  and  all  structures  at  which  any 
steamboat,  vessel  or  other  water  craft  lands  for  the  pur- 
pose of  receiving  or  discharging  freight  from  or  for  the 
public,  together  with  any  building  or  warehouse  used  for 
storing  such   freight  for  the   public  for  hire. 

Warehouse.  The  term  "warehouse,"  when  used  in  this 
Act,  includes  any  building  or  structure  in  which  freight  Is 
received  for  storage  from  the  public  for  hire,  intended  for 
shipment  or  discharged  by  any  water  craft. 

Wharfinger.  The  term  "wharfinger"  or  "warehouseman," 
when  used  in  this  Act,  includes  every  corporation,  com- 
pany, association,  joint  stock  association,  partnership  and 
person,  their  lessees,  trustees  or  receivers  appointed  by 
any  court  whatsoever,  operating  or  managing  any  dock, 
wharf  or  structure  where  steamboats,  vessels  or  other 
water  craft  land  for  the  purpose  of  discharging  freight  for 
the  public,  and  where  such  freight  is  received  on  such 
dock,  wharf  or  structure  for  the  public  for  hire  within 
this  State. 

Public  service  company.  The  term  "public  service  com- 
pany," when  used  in  this  Act,  includes  every  common  car- 
rier,   gas   company,   electrical    company,    water  companv, 


Of_j 


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telephone    company,    telegraph    company,    wharfinger    and 
warehouseman  as  such  terms  are  defined  in  this  section. 

ARTICLE  11.      PBOVISIONS  REXATING  TO  COMMON   CARRIERS. 

Charges — Duties  of  common  carriers.  §  9.  All  charges 
made  for  any  service  rendered  or  to  be  rendered  in  the 
transportation  of  persons  or  property,  or  in  connection 
therewith,  by  any  common  carrier,  or  by  any  two  or  more 
common  carriers,  shall  be  just,  fair,  reasonable  and  suf- 
ficient. 

Adequate  facilities.  Every  common  carrier  shall  con- 
struct, furnish,  maintain  and  provide  safe,  adequate  and 
sufficient  service  facilities,  trackage,  sidings,  railroad  con- 
nections, industrial  and  commercial  spurs  and  equipment  to 
enable  it  to  promptly,  expeditiously,  safely  and  propertly 
receive,  transport  and  deliver  all  persons  or  property  of- 
fered to  oi:  received  by  it  for  transportation,  and  to  pro- 
mote the  safety,  health,  comfort  and  convenience  of  its 
patrons,  employes  and  the  public. 

Rules.  All  rules  and  regulations  issued  by  any  common 
carrier  affecting  or  pertaining  to  the  transportation  of 
persons  or  property  shall  be  just  and  reasonable. 

Duty  of  carriers  and  persons  to  expedite  traffic. 
Every  common  carrier  shall  under  reasonable  rules  and  reg- 
ulations promtly  and  expeditiously  receive,  transport  and 
deliver  all  persons  or  property  offered  to  or  received  by 
it  for  transportation.    All  persons  receiving  cars  for  load 
ing  shall  promptly  and  expeditiously  load  the   same,  and 
all   persons   receiving   property   shall   promptly   and   exp 
ditiously  receive  and  remove  the  same  from  the  cars  aat 
freight  rooms. 

Distribution  of  cars.  §  11.  Every  railroad  compan'' 
shall,  upon  reasonable  notice,  furnish  to  all  persons  and 
corporations  who  may  apply  therefor  and  offer  property 
for  transportation  sufficient  and  suitable  cars  for  the  trans- 
portation of  such  property  in  carload  lots.  In  case  at  any 
particular  time  a  railroad  company  has  not  sufficient  cars 
to  meet  all  the  requirements  for  transportation  of  prop- 
erty in  carload  lots,  all  cars  available  for  such  purpose 
shall  be  distributed  among  the  several  applicants  therefoi 
without  unjust  discrimination  between  shippers,  localitii 
or  competitive  or  non-competitive  points. 

Railroads  shall  keep  a  distributing  book.  §  12.  Every 
railroad  company  shall  keep,  subject  to  the  Inspection  of 
any  bona  fide  shipper,  a  book  or  books  known  as  "car 
distributing  book,"  which  shall  be  kept  by  such  officer  or 
officers,  employes  of  such  railroad,  and  in  such  manner 
and  form  as  the  commission  shall  direct,  showing  among 
other  things  all  orders  for  cars  received  by  such  railroad 
company,  the  name  of  the  person  ordering  the  same,  the 
time  when  and  place  where  such  cars  are  required,  the 
time  when  and  place  where  such  cars  were  supplied,  and 
such  other  matters  and  information  as  the  commission  ma; 
prescribe. 

Switch  and  side  track  connections.  §  13.  A  railroi 
company  upon  the  application  of  any  shipper  shall  con- 
struct, maintain  and  operate  upon  reasonable  terms  a 
switch  connection  or  connections  with  a  lateral  line  of 
railway  or  private  side  track  owned,  operated  or  con- 
trolled  by  such  shipper,  and  shall  upon  the  application  of 
any  shipper,  provide  upon  its  own  proerty  a  side  track 
and  switch  connection  with  its  line  of  railway,  when- 
ever such  a  side  track  and  switch  connection  Is  reason- 
ably practicable  and  can  be  put  in  with  safety  and  the  busi 
ness  therefor  is  sufficient  to  justify  the  same. 

Tariff  schedules — Publication.  §  14.  Every  commo' 
carrier  shall  file  with  the  commission  and  shall  print  and 
keep  open  to  the  public  inspection  schedules  showing  thi 
rates,  fares,  charges  and  classification  for  the  transpor 
tion  of  persons  and  property  within  the  State  bet\ye 
each  point  upon  its  route  and  all  other  points  thereon;  a 
between  each  point  upon  its  route  and  all  points  upi 
every  route  leased,  operated  or  controlled  by  it;  and  be 
tween  each  point  on  its  route  or  upon  any  route  leased, 
operated  or  controlled  by  it  and  all  points  upon  the  route 
of  any  other  common  carrier,  whenever  a  through  route 
and  joint  rate  shall  have  been  established  or  ordered  be 
tween  any  two  such  points.  If  no  joint  rate  over  a  through 
route  has  been  established,  the  several  carriers  in  such 
through  route  shall  file,  print  and  keep  open  to  the  public 
inspection,  as  aforesaid,  the  separately  established  rates. 
fares,  charges  and  classifications  applied  to  the  through 


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transportation.  The  schedules  printed  as  aforesaid  shall 
plainly  state  the  places  between  which  property  and  per- 
sons will  be  carried,  and  shall  also  contain  classification 
of  passengers  or  property  in  force,  and  shall  also  state 
separately  all  terminal  charges,  storage  charges,  icing 
charges  and  all  other  charges  which  the  commission  may 
require  to  be  stated,  all  privileges  or  facilities  granted  or 
allowed,  and  any  rules  or  regulations  which  may  in  any- 
wise change,  affect  or  determine  any  part,  or  the  aggregate 
of,  such  aforesaid  rates,  fares  and  charges,  or  the  value 
of  the  service  rendered  to  the  passenger,  shipper  or  con- 
signee. Such  schedule  shall  be  plainly  printed  in  large 
type,  and  a  copy  thereof  shall  be  kept  by  every  such  car- 
rier readily  accessible  to  and  for  inspection  by  the  public 
in  every  station  or  office  of  such  carrier  where  passengers 
or  property  are  respectively  received  for  transportation, 
when  such  station  or  office  is  in  charge  of  any  agent,  and  in 
every  station  or  office  of  such  carrier  where  passengei 
tickets  for  transportation  or  tickets  covering  sleeping  or 
parlor  car  or  other  train  accommodation  are  sold  or  bills 
of  lading  or  receipts  for  property  are  issued.  All  or  any  of 
such  schedules  kept  as  aforesaid  shall  be  immediately  pro- 
duced by  such  carrier  for  inspection  upon  the  demand  of 
any  person.  A  notice  printed  in  bold  type  and  stating 
that  such  schedules  are  on  file  with  the  agent  and  open 
to  inspection  by  any  person  and  that  the  agent  will  assist 
any  such  person  to  determine  from  such  schedules  any 
transportation  rates  or  fares  or  rules  or  regulations  which 
are  in  force  shall  be  kept  posted  by  the  carrier  in  two 
public  and  conspicuous  places  in  every  such  station  or 
office.  The  form  of  every  such  schedule  shall  be  pre- 
scribed by  the  commission  and  shall  conform  in  the  case 
of  railroad  companies  as  nearly  as  may  be  to  the  form 
of  schedules  required  by  the  Interstate  Commerce  Com- 
mission under  the  Act  of  congress,  entitled  "An  Act  to 
regulate  commerce,"  approved  February  4,  1887,  and  the 
Acts  amendatory  thereof  and  supplementary  thereto. 

Prescribe  changes.  The  commission  shall  have  power, 
from  time  to  time,  in  its  discretion,  to  determine  and  pre- 
scribe by  order  such  changes  in  the  form  of  such  schedules 
as  may  be  found  expedient,  and  to  modify  the  requirements 
of  this  section  in  respect  to  publishing,  posting  and  filing 
of  schedules,  either  in  particular  instances  or  by  general 
rule  or  order,  applicable  to  special  or  peculiar  circum- 
stances or  conditions. 

Suspend  operation.  The  commission  may,  in  its  discre- 
tion, suspend  the  operation  of  this  section  in  whole  or  in 
part  as  applied  to  vessels  engaged  in  Jobbing  business  not 
operating  on  regular  routes. 

Changes  in  schedule — Notice  required.  S  15.  Unless  the 
commission  otherwise  orders,  no  change  shall  be  made 
in  any  classification,  rate,  fare,  charge,  rule  or  regulation 
which  shall  have  been  filed  and  published  by  a  common 
carrier  in  compliance  with  the  preceding  section,  except 
after  30  days'  notice  to  the  commission  and  to  the  public 
published  as  aforesaid,  which  shall  plainly  state  the 
changes  proposed  to  be  made  in  .the  schedule  then  in 
force,  and  the  time  when  the  changed  rate,  classification, 
fare  or  charge  will  go  into  effect;  and  all  proposed  changes 
shall  be  shown  by  printing,  filing  and  publishing  new 
schedules  or  shall  be  plainly  indicated  upon  the  schedules 
in  force  at  the  time  and  kept  open  to  public  inspection. 
The  commission,  for  good  cause  shown,  may  by  order 
allow  changes  in  rates  without  requiring  the  30  days'  notice 
and  the  publication  herein  provided  for.  When  any  change 
is  made  in'  any  rate,  fare,  charge,  classification,  rule  or 
regulation,  the  effect  of  which  is  to  increase  any  rate,  fare 
or  charge  then  existing,  attention  shall  be  directed  to  such 
increase  by  some  character  on  the  copy  filed  with  the  com- 
mission immediately  preceding  or  following  the  item  in 
such  schedule,  such  character  to  be  designated  by  the  com- 
mission. . 

Concurrence  in  joint  tariffs — Contracts,  agreements  or 
arrangements  bettveen  carriers.  §  16.  The  names  of  the 
several  carriers  which  are  parties  to  any  joint  tariff  shall 
be  specified  therein,  and  each  of  the  parties  thereto,  other 
than  the  one  filing  the  same,  shall  file  with  the  commis- 
sion such  evidence  of  concurrence  therein  or  acceptance 
thereof  as  may  be  required  or  approved  by  the  commis- 
sion; and  where  such  evidence  of  concurrence  or  accept- 
ance is  filed,  it  shall  not  be  necessary  for  the  carriers 
filing  the  same  also  to  file  copies  of  the  tariffs  in  which 
they  are  named  as  parties. 


Every  common  carrier  shall  file  with  the  commission 
copies  of  every  contract,  agreement  or  arrangement  with 
any  other  common  carrier  or  common  carriers  relating 
in  any  way  to  the  transportation  of  persons  or  property. 

Common  carriers  to  file  interestate  tariffs.  §  17.  Every 
common  carrier  shall  print  and  file  or  cause  to  be  filed 
with  the  commission  schedules  showing  the  rates,  fare, 
charges  and  classifications  for  the  transportation  of  per- 
sons and  property  between  all  points  within  the  State  and 
all  points  without  the  State  upon  its  route,  and  between 
each  point  within  the  State  and  all  points  without  the 
State  upon  every  route  leased,  operated  or  controlled  by 
it,  and  between  each  point  upon  its  route  within  the 
State  and  all  points  without  the  State  upon  the  route  of 
any  common  carrier  whenever  a  through  route  and  joint 
rate  shall  have  been  established  between  any  two  such 
points.  If  no  joint  rate  over  a  through  route  has  been 
established,  the  carrier  operating  within  this  State  shall 
print  and  file  with  the  commission  the  separately  estab- 
lished rates,  fares,  charges  and  classifications  applied  to 
the  through  transportation.  The  schedules  printed  afore- 
said shall  plainly  state  the  places  between  which  property 
and  persons  will  be  carried,  and  shall  also  contain  the 
classification  of  passengers  or  property  in  force,  and  shall 
also  state  separately  all  terminal  charges,  storage  charges, 
icing  charges  or  other  charges  which  the  commission  may 
require  to  be  stated,  all  privileges  granted, or  allowed,  and 
any  rules  or  regulations  which  may  in  anywise  change, 
affect  or  determine  any  part  or  the  aggregate  of  such 
aforesaid  rates,  fares,  and  charges,  or  the  value  of  the 
service  rendered  to  the  passenger,  shipper  or  consignee. 

Published  rates  to  be  charged — Free  or  reduced  trans- 
portation. §  18.  No  common  carrier  shall  charge,  demand, 
collect  or  receive  a  greater  or  less  or  different  compensation 
for  transportation  of  persons  or  property,  or  for  any  ser- 
vice in  connection  therewith,  than  the  rates,  fares  and 
charges  applicable  to  such  transportation  as  specified 
in  its  schedules  filed  and  in  effect  at  the  time;  nor  shall 
any  such  carrier  refund  or  remit  in  any  manner  or  by 
any  device  any  portion  of  the  rates,  fares,  or  charges  so 
specified  excepting  upon  order  of  the  commission  as  here- 
inafter provided,  nor  extend  to  any  shipper  or  person  any 
privileges  or  facilities  in  the  transportation  of  passengers 
or  property,  except  such  as  are  regularly  and  uniformly 
extended  to  all  persons  and  corporations  under  like  cir- 
cumstances. 

No  common  carrier  shall,  directly  or  indirectly,  issue 
or  give  any  free  ticket,  free  pass  or  free  or  reduced 
transportation  for  passengers  between  points  within  this 
State,  except  its  employes  and  their  families,  its  officers, 
agents,  surgeons,  physicians  and  attorneys  at  law;  to  min- 
isters of  religion,  traveling  secretaries  of  railroad  Young 
Men's  Christian  Associations,  inmates  of  hospitals,  char- 
itable and  eleemosynary  institutions  and  persons  exclu- 
sively engaged  in  charitable  and  eleemosynary  work;  to 
indigent,  destitute  and  homeless  persons  and  to  such  per- 
sons when  transported  by  charitable  societies  or  hospitals, 
and  the  necessary  agents  employed  in  such  transportation ; 
to  inmates  of  the  national  homes  or  State  homes  for  dis- 
abled volunteer  soldiers  and  of  soldiers'  and  sailors' 
homes,  including  those  about  to  enter  and  those  return- 
ing home  after  discharge;  to  necessary  caretakers  of  live 
stock,  poultry,  milk  and  fruit;  to  employes  of  sleeping 
car  companies,  express  companies,  and  to  linemen  of 
telegraph  and  telephone  companies;  to  railway  mail  ser- 
vice employes,  postoffice  inspectors,  customs  inspectors 
and  immigration  inspectors;  to  newsboys  on  trains;  bag- 
gage agents,  witnesses  attending  any  legal  investigation  in 
which  the  common  carrier  is  interested;  to  persons  in- 
jured in  accidents  or  wrecks  and  physicians  and  nurses 
attending  such  persons;  to  the  National  Guard  of  Wash- 
ington when  on  official  duty,  and  students  going  to  and 
returning  from  State  institutions  of  learning;  provided, 
that  this  provision  shall  not  be  construed  to  prohibit  the 
interchange  of  passes  for  the  officers,  attorneys,  agents 
and  employes  and  their  families,  of  railroad  companies, 
steamboat  companies,  express  companies  and  sleeping  car 
companies  with  other  railroad  companies,  steamboat  com- 
panies, express  companies  and  sleeping  car  companies,  nor 
to  prohibit  any  common  carrier  from  carrying  passengers 
free  with  the  object  of  providing  relief  in  cases  of  general 
epidemic,  pestilence,  or  other  calamitous  visitation:  And 
provided,  further,  that  this  provision  shall  not  be  construed 


13t)0 


National  Association  of  Eailavay  Commissioners 


to  prohibit  the  exchange  of  passes  or  franks  for  the 
officers,  attorneys,  agents,  employes "  and  their  families 
of  such  telegraph,  telephone  and  cable  lines,  and  the 
officers,  attorneys,  agents,  employes  and  their  families  of 
other  telegraph,  telephone  or  cable  lines,  or  with  rail- 
road companies,  express  companies  or  sleeping  car  com- 
panies. 

Employe  defined.  Provided,  further,  That  the  term  "em- 
ploye" as  used  in  this  section  shall  include  furloughed,  pen- 
sioned and  superannuated  employes,  persons  who  have  be- 
come disabled  or  infirm  in  the  service  of  any  such  common 
carrier,  and  the  remains  of  a  person  killed  or  dying  In  the 
employment  of  a  carrier,  those  entering  or  leaving  its 
service  and  ex-employes  traveling  for  the  purpose  of  enter- 
ing the  service  of  any  such  common  carrier;  and  the 
term  "families"  as  used  in  this  section  shall  include  the 
families  of  those  persons  named  in  the  proviso,  also  the 
families  of  persons  killed  and  the  widows  during 
widowhood  and  minor  children  during  minority,  of  per- 
sons who  died  while  in  the  service  of  any  such  common 
carrier;  and  provided,  further,  that  nothing  herein  con- 
tained shall  prevent  the  issuance  of  mileage,  commutation 
tickets  or  excursion  passenger  tickets. 

Mileage  and  commutation  tickets.  And  provided,  fur- 
ther. That  nothing  in  this  section  shall  be  construed  to 
prevent  the  issuance  of  free  or  reduced  transportation  by 
any  street  railroad  company  for  mail  carriers,  or  police- 
men or  members  of  fire  departments,  city  officers  and  em- 
ployes when  engaged  in  the  •performance  of  their  duties 
as  such  city  employes. 

Free  carriage  permitted.  Common  carriers  subject  'u 
the  provisions  of  this  Act  may  carry,  store  or  handle, 
free  or  at  reduced  rates,  property  for  the  United  States, 
State,  county  or  municipal  governments,  or  for  charitable 
purposes,  or  to  or  from  fairs  and  exhibitions  for  exhibi- 
tion thereat,  and  may  carry,  store  or  handle,  free  or  at 
reduced  rates,  the  household  goods  and  personal  effects 
of  its  employes  and  those  entering  or  leaving  its  service 
and  those  killed  or  dying  while  in  its  servivie. 

Nothing  in  this  Act  shall  be  construed  to  prohibit  the 
making  of  a  special  contract  providing  for  the  mutual 
exchange  of  service  between  any  railroad  company  and 
any  telegraph  or  telephone  company,  where  the  line  of 
such  telegraph  or  telephone  company  is  situated  upon  or 
along  the  railroad  right  of  way  and  used  by  both  of  such 
companies. 

Railroads  shall  have  scales.  §  19.  It  shall  be  the  duty 
of  all  railroads  operating  In  this  State,  to  provide  suitable 
facilities  for  the  testing  of  all  track  scales  used  by  such 
railroads.  The  commission  is  hereby  authorized,  after 
a  hearing,  upon  its  own  motion  and  after  notice  to  the 
railroads  operating  in  this  State,  to  order  a  suitable  car 
or  other  device  or  facility  to  be  provided  by  the  railroad 
companies  operating  in  this  State,  to  be  used  in  testing 
the  track  scales  used  by  such  railroads,  the  expenses  of 
providing  such  car,  device  or  facility  to  be  equitably  and 
reasonably  apportioned  among  the  different  railroad  com- 
panies by  the  commission.  Such  vjar,  device  or  facility 
shall  be  used  by  the  commission  to  test  the  accuracy  of 
all  track  scales,  and  the  different  railroad  companies  shall 
transport  and  move  such  car,  device  or  facility  without 
charge  therefor,  to  the  different  places  designated  by  the 
commission  under  such  reasonable  rules  and  regulations 
as  the  commission  may  prescribe.  Such  car,  device  or 
facility  may  be  used  in  adjoining  States  to  test  the  scales 
of  railroad  companies  and  for  that  purpose  may  be  taken 
beyond  the  limits  of  the  State  under  such  reasonable 
rules  and  regulations  for  the  due  care  and  return  thereof 
as  the  commission  may  prescribe.  The  commission  is 
hereby  authorized  to  prescribe  and  collect  a  reasonable 
fee  sufficient  to  cover  the  cost  and  expenses  connected 
therewith  for  the  inspection  and  testing  of  all  scales. 

Unjust  discrimination.  §  20.  No  common  carrier  shall, 
directly  or  indirectly,  by  any  special  rate,  rebate,  draw- 
back, or  other  device  or  method,  charge,  demand,  collect 
or  receive  from  any  person  or  corporation  a  greater  or 
less  compensation  for  any  service  rendered  or  to  be 
rendered  in  the  transportation  of  persons  or  property, 
except  as  authorized  in  this  Act,  than  it  charges,  de- 
mands, collects  or  receives  from  any  person  or  corpora- 
tion for  doing  a  like  and  contemporaneous  service  in  the 
transportation  of  a  like  kind  of  traffic  under  the  same  or 
substantially   similar   circumstances   and   conditions. 


Unreasonable  preference.  §  21.  No  common  carrier 
shall  make  or  give  any  undue  or  unreasonable  preference 
or  advantage  to  any  person  or  corporation  or  to  any 
locality  or  to  any  particular  description  of  traffic  in  any 
respect  whatsoever,  or  subject  any  particular  person  or 
•corporation  or  locality  or  any  particular  description  of  ~ 
traffic,  to  any  undue  or.  unreasonable  prejudice  or  disad- 
vantage  in   any  respect  whatsoever. 

Lo7ig  and  short  haul.  |  22.  No  common  carrier,  sub- 
ject to  the  provisions  of  this  Act,  shall  charge  or  receive 
any  greater  compensation  in  the  aggregate  for  the  trans- 
portation of  persons  or  of  a  like  kind  of  property,  for  a 
shorter  than  for  a  longer  distance  over  the  same  line  in 
the  same  direction,  the  shorter  being  Included  within  the 
longer  distance,  or  to  charge  any  greater  compensation 
as  a  through  rate  than  the  aggregate  of  the  intermediate 
rates,  subject  to  the  provisions  of  this  Act;  but  this 
shall  not  be  construed  as  authorizing  any  such  common 
carrier  to  charge  and  receive  as  great  "a  compensation 
for  a  shorter  as  for  a  longer  distance  or  haul.  Upon 
application  of  a  common  carrier  the  commission  may  by 
order  authorize  it  to  charge  less  for  a  longer  than  for  a 
shorter  distance  for  the  transportation  of  persons  or  prop- 
erty in  special  cases  after  investigation  by  the  commis- 
sion, but  the  order  must  specify  and  prescribe  the  extent 
to  which  the  common  carrier  making  such  application  is 
relieved  from  the  operation  of  this  section,  and  only  to 
the  extent  so  specified  and  prescribed  shall  any  common 
carrier  be  relieved  from  the  operation  and  requirement 
of  this  section. 


:ii 


False  billing,  etc.,  by  carrier  or  shipper.  §  23.  No  con 
nion  carrier,  or  any  officer  or  agent  thereof,  or  any  per- 
son acting  for  or  employed  by  it,  shall  assist,  suiTer  or 
permit  any  person  or  corporation  to  obtain  transportation 
for  any  person  or  property  between  ixsints  within  this 
State  at  less  than  the  rates  then  established  and  in  force 
in  accordance  with  the  schedules  filed  and  published  in 
accordance  with  the  provisions  of  this  Act,  by  means  of 
false  billing,  false  classification,  false  weight  or  weigh- 
ing, or  false  report  of  v,  eight,  or  by  any  other  device 
or  means.  No  person,  corporation,  or  any  officer,  agent 
or  employe  of  a  corporation,  who  shall  deliver  property 
for  transportation  within  the  State  to  a  common  carrier, 
shall  seek  to  obtain  or  obtain  such  transportation  for 
such  property  at  less  than  the  rates  then  established 
and  in  force  therefor,  as  aforesaid,  by  false  billing,  false 
or  incorrect  classification,  false  weight  or  weighing,  false 
representation  of  the  contents  or  substance  of  a  pack- 
age, or  false  report  or  statement  of  weight,  or  by.  any 
device  or  means,  whether  with  or  without  the  consent 
or  connivance  of  a  common  carrier  or  any  of  its  officers  j 
agents  or  employes.  ^H 

Established  rate  only.  No  person,  corporation,  or  any" 
officer,  agent  or  employe,  of  a  corporation,  shall  know- 
ingly or  wilfully,  directly  or  indirectly,  by  false  statement 
or  representation  as  to  the  cost,  value,  nature  or  extent 
of  injury,  or  by  the  use  of  any  false  billing,  bill  of  lading, 
receipt,  voucher,  roll,  account,  claim,  certificate,  affidavit 
or  deposition,  knowing  the  same  to  be  false,  fictitious  or 
fraudulent,  or  to  upon  any  false,  fictitious  or  fraudulent 
statement  or  entry,  obtain  or  attempt  to  obtain  any  al- 
lowance, rebate  or  payment  for  damage,  or  otherwise,  in 
connection  with  or  growing  out  of  the  transportation  of 
persons  or  property,  or  agreement  to  transport  such  per- 
sons or  property,  whether  with  or  without  the  consent 
or  connivance  of  such  common  carrier  or  apy  of  Its 
officers,  agents  or  employes,  whereby  the  compensation 
of  such  carrier  for  such  transportation  shall  be  in  fact 
made  less  than  the  rates  then  established  and  in  force 
therefor. 

No  person,  corporation,  or  any  officer,  agent  or  em- 
ploye of  a  corporation,  who  shall  deliver  property  for 
transportation  within  the  State  to  a  common  carrier, 
shall  seek  to  obtain  or  obtain  such  transportation  by  any 
false  representation,  false  statement  or  false  paper  or 
token  as  to  the  contents  or  substance  thereof,  where  the 
transportation  of  such  property  is  prohibited  by  law.        JHI 

Discrimination  prohibited — Connecting  lines.  $  siH 
Every  railroad  company  shall,  under  such  regulation* 
as  may  be  prescribed  by  the  commission,  afford  all  rea- 
sonable, proper  and  equal  facilities  for  the  interchange 
of  ])assengers,  tonnage  and  cars,  loaded  or  empty,  be- 
tween the  lines,  owned,  operated,  controlled  or  leased  by 


ruBLic  Service  Laws 


13U1 


it  and  the  lines  of  every  otlier  railroad  company;  and 
shall,  under  su'Oh  regulations  as  tlie  commission  may 
prescribe,  receive  and  transport,  without  delay  or  dis- 
crimination, the  passengers,  tonnage  and  cars,-  loaded  or 
empty,  of  any  connecting  line  of  railroad ;  provided,  that 
perishable  freight  of  all  kinds  and  livestock  shall  have 
precedence  of  shipment.  Every  railroad  company  as  such 
is  required  to  receive  from  every  other  railroad  company 
at  a  connecting  point  the  tonnage  carried  by  such  other 
railroad  company  in  the  cars  in  which  the  same  may  be 
loaded,  and  haul  the  same  through  to  the  point  of  desti- 
nation if  the  destination  be  upon  a  line  owned,  operated 
or  controlled  by  such  railroad  company,  or,  if  the  destina- 
tion be  upon  the  line  of  some  other  railroad  company, 
to  haul  such  tonnage  in  such  cars  through  to  the  con- 
necting point  upon  the  line  operated,  owned,  controlled 
or  leased  by  it  by  way  of  route  over  which  such  car  is 
billed,  and  there  deliver  the  same  to  the  next  connecting 
carrier  under  such  regulations  as  the  commission  may 
prescribe. 

Fares  and  transfers  on  street  railroads.  §  25.  No  street 
railroad  company  shall  charge,  demand  or  collect  more 
than  0  cents  for  one  continuous  ride  within  the  corpo- 
rate limits  of  any  city  or  town.  Every  street  railroad 
company  shall  upon  such  terms  as  shall  1^  just  and  rea- 
sonable, furnish  to  its  passengers  transfers  entitling  such 
passengers  to  one  continuous  trip  over  and  upon  portions 
of  its  lines  within  the  same  city  or  town  not  reached 
by  the  originating  car, 

.-^iiTICLE    ill.       PROVISION'S    KELATING    TO    GAS    COMl'ANIES,    ELEC- 
TRICAL  COMPAXIES   AND   WATER  COMPANIES. 

Duties  of  gas.  electrical  and  water  companies.  §  26.  All 
charges  made,  demanded  or  received  by  any  gas  com- 
pany, electrical  company  or  water  company  for  gas,  elec- 
tricity or  water,  or  for  any  service  rendered  or  to  be  ren- 
dered in  connection  therewith,  shall  be  just,  fair,  reason- 
able  and    sufficient. 

Efficient  service.  Every  gas  company,  electrical  com- 
pany and  water  company  shall  furnish  and  supply  such 
service,  instrumentalities  and  facilities  as  shall  be  safe, 
adequate  and  efficient,  and  in  all  respects  just  and  rea- 
sonable. 

Rules.  All  rules  and  regulations  issued  by  any  gas 
company,  electrical  company  or  water  company,  affecting 
or  pertaining  to  the  sale  or  distribution  of  its  product, 
shall  be  just  and  reasonable. 

Safety  to  employes.  Every  gas  company,  electrical  com- 
pany and  water  company  shall  construct  and  maintain 
such  facilities  in  connection  with  the  manufacture  and 
distribution  of  its  product  as  will  be  efficient  and  safe 
to  its  employes  and  the  public. 

Gas,  electrical  and  water  companies  shall  file  schedules. 
§  27.  Every  gas  company,  electrical  company  and  water 
company  shall  file  with  the  commission  and  shall  print  and 
keep  open  to  public  inspection  schedules  in  such  form  as 
the  commission  may  prescribe,  showing  all  rates  and 
charges  made,  established  or  enforced,  or  to  be  charged 
or  enforced,  all  forms  of  contract  or  agreement,  all  rules 
and  regulations  relating  to  rates,  charges  or  service,  used 
or  to  be  used,  and  all  general  privileges  and  facilities 
granted  or  allowed  by  such  gas  company,  electrical  com- 
pany or  water  company. 

Change  in  schedule — A'^oHce  required.  §  28.  Unless  the 
commission  otherwise  orders,  no  change  shall  be  made  in 
any  rate  or  charge  or  in  any  form  of  contract  or  agree- 
ment or  in  any  rule  or  regulation  relating  to  any  rate, 
charge  or  service,  or  in  any  general  privilege  or  facility 
which  shall  have  been  filed  and  published  by  a  gas  com- 
pany, electrical  company  or  water  company  in  compli- 
ance with  the  requirements  of  the  preceding  section, 
except  after  30  days'  notice  to  the  commission  and  pub- 
lication for  30  days,  which  notice  shall  plainly  state  the 
changes  proposed  to  be  made  in  the  schedule  then  In 
force  and  the  time  when  the  change  will  go  into  effect 
and  all  proposed  changes  shall  be  shown  by  printing, 
filing  and  publishing  new  schedules,  or  shall  be  plainly 
indicated  upon  the  schedules  in  force  at  the  time  and 
kept  open  to  public  inspection.  The  commission,  for 
good  cause  shown,  may  allow  changes  without  requiring 
the  30  days'  notice  by  duly  filing,  in  such  manner  as  it 
may  direct,  an  order  specifying  the  changes  so  to  be 
made   and   the   time   when   it   shall   take   effect.     All   such 


changes  shall  be  immediately  indicated  upon  its  schedules 
by  the  company  aHected.  When  any  change  is  made  in 
any  rate  or  charge,  form  of  contract  or  agreement,  or  any 
rule  or  regulation  relating  to  any  rate  or  charge  or  serv- 
ice, or  in  any  general  privilege  or  facility,  the  effect  of 
which  is  to  increase  any  rate  or  charge,  then  in  exist- 
ence, attention  shall  be  directed  on  the  copy  filed  with 
the  commission  to  such  increase  by  some  character  im- 
mediately preceding  or  following  the  item  in  such  sched- 
ule, such  character  to  be  in  form  as  designated  by  the 
commission. 

Published  rates  to  6e  charged — Exceptions.  §  29.  No 
gas  company,  electrical  company  or  water  company  shall 
charge,  demand,  collect,  or  receive  a  greater  or  less  or 
different  compensation  for  any  service  rendered  or  to 
be  rendered  than  the  rates  and  charges  applicable  to 
such  service  as  specified  in  its  schedule  filed  and  in 
effect  at  the  time,  nor  shall  any  such  company  directly 
or  Indirectly  refund  or  remit  in  any  manner  or  by  any 
device  any  portion  of  the  rates  or  charges  so  specified,  or 
furnish  its  product  at  free  or  reduced  rates  except  to 
its  employes  and  their  families,  and  its  officers,  attorneys, 
and  agents;  to  hospitals,  charitable  and  eleemosynary 
institutions  and  persons  engaged  in  charitable  and  elee- 
mosynary work;  to  indigent  and  destitute  persons;  to 
national  homes  or  State  homes  for  disabled  volunteer 
soldiers  and  soldiers'  and  sailors'  homes. 

Employe  defined.  Provided,  that  the  term  "employes" 
as  used  in  this  paragraph  shall  include  furloughed,  pen- 
sioned and  superannuated  employes,  persons  who  have 
become  disabled  or  infirm  in  the  service  of  any  such  com- 
pany; and  the  term  "families,"  as  used  in  this  paragraph, 
shall  include  the  families  of  those  persons  named  in  this 
proviso,  the  families  of  persons  killed  or  dying  in  the 
service,  also  the  families  of  persons  killed,  and  the 
widows  during  widowhood,  and  the  minor  children  duri- 
ing  minority  of  persons  who  died  while  in  the  service 
of  any  of  the  companies  named  in  this  paragraph;  and 
provided  further,  that  water  companies  may  furnish  free 
or  at  reduced  rates  water  for  the  use  of  the  State,  or 
for  any  project  in  which  the  State  is  Interested. 

Uniform  service  and  privileges.  No  gas  company,  olec 
tri'cal  company  or  water  company  shall  extend  to  any 
person  or  corporation  any  form  of  contract  or  agreement 
or  any  rule  or  regulation  or  any  privilege  or  facility  ex- 
cept such  as  are  regularly  and  uniformly  extended  to  all 
persons  and  corporations  under  like  circumstances. 

Unreasonable  preference.  §  30.  No  gas  company,  elec- 
trical company  or  water  company  shall  make  or  grant  auy 
undue  or  unreasonable  preference  or  advantage  to  any 
person,  corporation,  or  locality,  or  to  any  particular  de- 
scription of  service  in  any  respect  whatsoever,  or  subject 
any  particular  person,  corporation  or  locality  or  any 
particular  description  of  service  to  any  undue  or  unrea- 
sonable prejudice  or  disadvantage  in  any  respect  what- 
soever. 

Unjust  discrimination.  §  31.  No  gas  company,  elec- 
trical company  or  water  company  shall,  directly  or  indi- 
rectly, or  by  any  special  rate,  rebate,  drawback  or  other 
device  or  method,  charge,  demand,  collect  or  receive  from 
any  person  or  corporation  a  greater  or  less  compensation 
tor  gas,  electricity  or  water,  or  for  any  service  rendered 
or  to  be  rendered,  or  in  connection  therewith,  except  as 
authorized  in  this  Act,  than  it  charges,  demands,  collects 
or  receives  from  any  other  person  or  corporation  for 
doing  a  like  or  contemporaneous  service  with  respect 
thereto  under  the  same  or  substantially  similar  circum- 
stances or  conditions. 

Sliding  scale  of  charges.  §  32.  Nothing  in  this  Act 
shall  be  taken  to  prohibit  a  gas  company,  electrical  com- 
pany or  water  company  from  establishing  a  sliding  scale 
of  charges,  whereby  a  greater  charge  is  made  per  unit 
for  a  lesser  than  a  greater  quantity  for  gas,  electricity 
or  water,  or  any  service  rendered  or  to  be  rendered. 

Distribution  without  discrimination.  §  33.  Every  gas 
company,  electrical  company  or  water  company,  engaged 
in  the  sale  and  distribution  of  gas,  electricity  or  water, 
shall,  upon  reasonable  notice,  furnish  to  all  persons  and 
corporations  who  may  apply  therefor  and  be  reasonably 
entitled  thereto,  suitable  facilities  for  furnishing  and 
furnish  all  available  gas,  electric'ty  and  water  as  de- 
manded. 


1392 


National  Association  of  Railway  Commissioners 


Existing  contracts—Effect.  §  34.  Nothing  in  this  Act 
shall  be  construed  to  prevent  any  gas  company,  electrical 
company  or  water  company  from  continuing  to  furnish 
its  product  or  the  use  of  its  lines,  equipment  or  service 
under  any  contract  or  contracts  in  force  at  the  date  this 
Av5t  takes  effect,  or  upon  the  taking  effect  of  any  schedule 
or  schedules  of  rates  subsequently  filed  with  the  commis- 
sion, as  herein  provided,  at  the  rate  fixed  in  such  contract 
or  contracts. 

Commission  may  end  contracts.  Provided,  that  the  com- 
mission shall  have  power,  in  its  discretion,  to  direct  by 
order  that  such  contract  or  contracts  shall  be  terminated 
by  the  company  party  thereto,  and  thereupon  such  con- 
tract or  contra'Cts  shall  be  terminated  by  such  company 
as-  and  when  directed  by  such  order;  provided  further, 
that  the  commission  shall  have  no  power  to  order  the 
termination  of  any  contract  relating  to  the  furnishing  of 
water  for  irrigation  or  irrigation  and  domestic  use,  where 
such  contract  is  based  upon  a  consideration  passing  at 
the  time  of  the  execution  of  such  contract. 

ARTICLE    IV.       PROVISIONS    RELATING    TO    TELEPHONE    AND    TELE- 
GRAPH   LINES. 

Charges  and  service  of  telephone  and  telegraph  com- 
panies. §  35.  All  rates,  tolls,  contracts  and  charges,  rules 
and  regulations  of  telephone  and  telegraph  companies,  for 
messages,  conversations,  services  rendered  and  equipment 
and  fa'cllities  supplied,  whether  such  message,  conversion 
or  service  to  be  performed  be  over  one  company  or  line 
or  over  or  by  two  or  more  companies  or  lines,  shall  be 
fair,  just,  reasonable  and  sufficient,  and  the  service  so  to 
be  rendered  any  person,  firm  or  corporation  by  any  tele- 
phone or  telegraph  company  shall  be  rendered  and  per- 
formed in  a  prompt,  expeditious  and  efficient  manner  and 
the  facilities,  instrumentalities  and  equipment  furnished 
by  it  shall  be  safe,  kept  in  good  condition  and  repair, 
and  its  appliances,  instrumentalities  and  service  shall  be 
modern,  adequate,   sufficient  and  efficient. 

Buildings  provided.  Every  telephone  and  telegraph  com- 
pany operating  in  this  State  shall  provide  and  maintain 
suitable  and  adequate  buildings  and  facilities  therein,  or 
connected  therewith,  for  the  accommodation,  comfort  and 
convenience  of  its  patrons  and  employes. 

Furnish  service.  Every  telephone  company  shall,  upon 
reasonable  notice,  furnish  to  all  persons  and  corporations 
who  may  apply  therefor  and  be  reasonably  entitled 
thereto  suitable  and  proper  facilities  and  connections  for 
telephonic  communication  and  furnish  telephone  service 
as  demanded. 

Tariff  schedule — Publication.  §  36.  Every  telephone  and 
telegraph  company  shall  file  with  the  commission  and 
shall  print  and  keep  open  to  public  inspection  at  such 
points  as  the  commission  may  designate,  schedules  show- 
ing the  rates,  tolls,  rentals,  contracts  and  charges  of  such 
companies  for  messages,  conversations  and  services 
rendered  and  equipment  and  facilities  supplied  for  mes- 
sages and  services  to  be  performed  within  the  State 
between  each  point  upon  its  line  and  all  other  points 
thereon,  and  between  each  point  upon  its  line  and  all 
points  upon  every  other  similar  line  operated  or  con- 
trolled by  it,  and  between  each  point  on  its  line  or  upon 
any  line  leased,  operated  or  controlled  by  it  and  all 
points  upon  the  line  of  any  other  similar  company,  when- 
ever a  through  service  and  joint  rate  shall  have  been 
established  or  ordered  between  any  two  such  points.  If 
no  joint  rate  covering  a  through  service  has  been  estab- 
lished, the  several  companies  in  such  through  service 
shall  file,  print  and  keep  open  to  public  inspection  as 
aforesaid  the  separately  established  rates,  tolls,  rentals, 
contracts  and  charges  applicable  for  such  through  serv- 
ice. The  schedules  printed  as  aforesaid  shall  plainly 
state  the  places  between  which  telephone  or  telegraph 
service,  or  both,  will  be  rendered,  and  shall  also  state 
separately  all  charges  and  all  privileges  or  ta'cilities 
granted  or  allowed,  and  any  rules  or  regulations  or  forms 
of  contracts  which  may  in  anywise  change,  affect  or 
determine  any  of  the  aggregate  of  the  rates,  tolls,  rentals 
or  charges  for  the  service  rendered.  A  schedule  shall  be 
plainly  printed  In  large  type,  and  a  copy  thereof  shall 
be  kept  by  every  telephone  company  and  telegraph  com- 
pany readily  accessible  to  and  for  convenient  inspection 
by  the  public  at  such  places  as  may  be  designated  by  the 
commission,  which  schedule  shall  state  the  rates  charged 


from  such  station  to  every  other  station  on  such  com- 
pany's line,  or  on  any  line  controlled  and  used  by  it 
within  the  State.  All  or  any  of  such  schedules  kept  as 
aforesaid  shall  be  immediately  produced  by  such  tele- 
phone company  or  telegraph  company  upon  the  demand 
of  any  person.  A  notice  printed  in  bold  type,  and  stating 
that  such  schedules  are  on  file  and  open  to  inspection 
by  any  person,  the  places  where  the  same  are  kept,  and 
that  the  agent  will  assist  such  i^erson  to  determine  from 
such  schedules  any  rate,  toll,  rental,  rule  or  regulation 
which  is  in  force  shall  be  kept  posted  by  every  telephone 
company  and  telegraph  company  in  a  conspicuous  place 
in  every  station  or  office  of  such  company. 

Changes  in  schedules.  %  37.  Unless  the  commission  other- 
wise orders,  no  change  shall  be  made  in  any  rate,  toll, 
rental,  contract  or  charge,  which  shall  have  been  filed 
and  published  by  any  telephone  or  telegraph  company 
in  compliance  with  the  requirements  of  the  preceding 
section,  except  after  30  days'  notice  to  the  commission 
and  publication  for  30  days  as  required  in  the  case  of 
original  schedules  in  the  preceding  section,  which  notiqe 
shall  plainly  state  the  changes  proposed  to  be  made  in 
the  schedule  then  in  force,  and  the  time  when  the 
changed  rate,  toll,  contract  or  charge  will  go  into  effect, 
and  all  propo^d  changes  shall  be  shown  by  printing, 
filing  and  publishing  new  schedules,  or  shall  be  plainly 
indicated  upon  the  schedules  in  force  at  the  time  ant 
kept  open   to   public   inspection. 

Commission  may  order  change.  The  commission  for 
good  cause  shown  may  allow  changes  in  rates,  charges 
tolls,  rentals  or  contracts  without  requiring  the  30  days 
notice  and  publication  herein  provided  for,  by  an  ordei 
specifying  the  change  so  to  be  made  and  the  time  wher 
it  shall  take  effect,  and  the  manner  in  which  the  sam< 
shall  be  filed  and  published.  When  any  change  is  made 
in  any  rate,  toll,  contract,  rental  or  charge,  the  effect 
of  which  is  to  increase  any  rate,  toll,  rental  or  charge 
then  existing,  attention  shall  be  directed  on  the  copy 
filed  with  the  commission  to  such  increase  by  some  char 
acter  immediately  preceding  or  following  the  item  in 
such  schedule,  which  character  shall  be  in  such  forinM|  i 
the  commission  may  designate.  tH 

Concurrence  in  joint  tariffs — Contracts,  agreements  oi 
arrangements  'between  telephone  and  telegraph  companies 
§  38.  The  names  of  the  several  companies  which  are  par 
ties  to  any  joint  rates,  tolls,  contracts  or  charges  of  tele 
phone  companies  and  telegraph  companies  for  messages 
conversations  and  service  to  be  rendered  shall  be  speci 
fied  therein,  and  each  of  the  parties  thereto,  other  thar 
the  one  filing  the  same,  shall  file  with  the  commissioB 
such  evidence  of  concurrence  therein  or  acceptance 
thereof  as  may  be  required  or  approved  by  the  commis 
sion;  and,  where  such  evidence  of  concurrence  or  ae 
ceptance  is  filed,  it  shall  not  be  necesary  for  the  com 
panies  filing  the  same  to  also  file  copies  of  the  tarifl 
in   which   they   are   named   as    parties. 

Telephone  and  telegraph  companies  shall  furnish  copiei 
of  contracts.  S  39.  Every  telephone  and  telegraph  companj 
shall  file  with  the  commission,  as  and  when  required 
by  it,  a  copy  of  any  contract,  agreement  or  arrangement 
in  writing  with  any  other  telephone  company  or  tele 
graph  company,  or  with  any  other  corporation,  associa 
tion  or  person  relating  in  any  way  to  the  construction 
maintenance  or  use  of  a  telephone  line  or  telegraph  lin< 
or  service  by,  or  rates  and  charges  over  and  upon,  anj 
such    telephone   line    or   telegraph   line. 

Schedule  rate  to  6e  charged — Exceptions — No  rebate 
§  40.  No  telephone  or  telegraph  company  shall  charge,  do 
mand,  collect  or  receive  different  compensation  for  an; 
service  rendered  or  to  be  rendered  than  the  charge  appli 
cable  to  such  service  as  specified  in  its  schedule  on  file 
and  in  effect  at  that  time,  nor  shall  any  telephone  com- 
pany or  telegraph  company  refund  or  remit,  directly  O" 
indirectly,  any  portion  of  the  rate  or  charge  so  specified, 
nor  extend  to  any  person  or  corporation  any  form  of  con- 
tract or  agreement  or  any  rule  or  regulation  or  any  privi- 
lege or  facility  except  such  as  are  specified  in  its  sched- 
ule filed  and  in  effect  at  the  time,  and  re.eularly  and 
uniformly  extended  to  all  persons  and  corporations  under 
like  circumstances  for  like  or  substantially  similar 
service. 

No  telephone   company   or  telegraph   company   subject 


Public  Service  Laws 


1393 


to  the  provisions  of  this  Act  shall,  directly  or  indirectly, 
give  any  free  or  reduced  service  or  any  free  pass  or 
frank  for  the  transmission  of  messages  by  either  tele- 
phone or  telegraph  between  points  within  this  State,  ex- 
cept to  its  officers,  employes,  agents,  pensioners,  sur- 
geons, physicians,  attorneys-at-law,  and  their  families, 
and  persons  and  corporations  exclusively  engaged  in 
charitable  and  eleemosynary  work  and  ministers  of  re- 
ligion, Young  Men's  Christian  Associations,  Young  Wom- 
en's Christian  Associations;  to  indigent  and  destitute 
persons  and  to  officers  and  employes  of  other  telephone 
companies,  telegraph  companies,  railroad  companies  and 
street   railroad  companies. 

Unjust  discrimination.  §  41.  No  telegraph  or  telephone 
company  shall,  directly  or  indirectly,  or  by  any  special 
rate,  rebate,  drawback  or  other  device  or  method,  charge, 
demand,  collect  or  receive  from  any  person  or  corpora- 
tion a  greater  or  less  compensation  for  any  service  ren- 
dered or  to  be  rendered  with  respect  to  communication 
by  telegraph  or  telephone  or  in  connection  therewith, 
except  as  authorized  in  this  Act,  than  it  charges,  de- 
mands, collects  or  receives  from  any  other  person  or 
corporation  for  doing  a  like  and  contemporaneous  serv- 
ice with  respect  to  communication  by  telegraph  or  tele- 
phone under  the  same  or  substantially  the  same  circum- 
stances  and  conditions. 

Unreasonalle  preference.  §  42.  No  telegraph  company 
or  telephone  company  shall  make  or  give  any  undue  or 
unreasonable  preference  or  advantage  to  any  person, 
corporation  or  locality,  or  subject  any  particular  person, 
corporation  or  locality  to  any  undue  or  unreasonable 
prejudice  or   disadvantage   in   any  respect   whatsoever. 

Existing  contracts — Effect.  §  43.  Nothing  in  this  Act 
shall  be  construed  to  prevent  any  telegraph  company  or 
telephone  company  from  continuing  to  furnish  the  use 
of  its  line,  equipment  or  service  under  any  contract  or 
contracts  in  force  at  the  date  this  Act  takes  effect  or 
upon  the  taking  effect  of  any  schedule  or  schedules  of 
rates  subsequently  filed  with  the  commission,  as  herein 
provided,  at  the  rates  fixed  in  such  contract  or  con- 
tracts; provided,  however,  that  the  commission  shall 
have  power,  in  its  discretion,  to  direct  by  order  that 
such  contract  or  contracts  shall  be  terminated  by  the 
telephone  company  or  telegraph  company  party  thereto, 
and  thereupon  such  contract  or  contracts  shall  be  ter- 
minated by  such  telephone  company  or  telegraph  com- 
pany  as   and  when   directed   by   such   order. 

Unjust  discrimination.  §  44.  No  telephone  or  telegraph 
company  subject  to  the  provisions  of  this  Act  shall 
charge  or  receive  any  greater  compensation  in  the  ag- 
gregate for  the  transmission  of  any  long  distance  con- 
versation or  message  of  like  kind  for  a  shorter  than  for 
a  longer  distance  over  the  same  line,  in  the  same  direc- 
tion, within  this  State,  the  shorter  being  included  within 
the  longer  distance,  or  charge  any  greater  compensation 
for  a  through  service  than  the  aggregate  of  the  inter- 
mediate rates  subject  to  the  provision  of  this  Act,  but 
this  shall  not  be  construed  as  authorizing  any  such  tele- 
phone company  or  telegraph  company  to  charge  and  re- 
ceive as  great  a  compensation  for  a  shorter  as  for  a 
longer  distance.  Upon  application  of  any  telephone  com- 
pany or  telegraph  company,  the  commission  may,  hy 
order,  authorize  it  to  charge  less  for  longer  than  for  a 
shorter  distance  service  for  the  transmission  of  con- 
versation or  messages  in  special  cases  after  investiga- 
tion, but  the  order  must  specify  and  prescribe  the  extent 
to  which  the  telephone  company  or  telegraph  company 
making  such  application  is  relieved  from  the  operation 
of  this  section,  and  only  to  the  extent  so  specified  and 
prescribed  shall  any  telephone  company  or  telegraph 
company  be  relieved  from  the  requirements  of  this 
section. 

Transmission  of  messages  of  other  lines — Connecting 
Hues.  §  45.  Every  telephone  company  or  telegraph  com- 
pany operating  in  this  State  shall  receive,  transmit  and  de- 
liver, without  discrimination  or  delay,  the  messages  of  any 
other  telephone  or  telegraph  company. 

ARTICLE    V. 

DTTTIES    OF   WHARFINGERS    ANH    WAREHOUSEMEN. 

Charges,  duties  of  wharfingers.  §  46.  All  charges  made 
for  any  service  rendered  or  to  be  rendered  in  the  receipt. 


storage  or  handling  of  property  or  in  connection  there- 
with by  any  wharfinger  or  warehouseman  shall  be  just, 
fair,  reasonable  and  sufficient.  Every  wharfinger  or 
warehouseman  shall  furnish  and  supply  such  wharves, 
docks,  buildings,  service,  instrumentalities  and  facilities 
as  shall  be  .safe,  adequate  and  efficient  and  in  all  i-e- 
spects  just  and  reasonable.  All  rules  ar«i  regulations 
issued  by  any  wharfinger  or  warehouseman  affecting  or 
pertaining  to  the  dockage,  storage,  handling  and  care  of 
property  shall  be  just  and  reasonable.  Every  wharfinger 
and  warehouseman  shall  construct  and  maintain  such 
facilities  in  connection  with  his  warehouse,  wharf,  dock 
and  structure  as  will  be  efficient  and  safe  to  its  em- 
ployes and  the  public. 

Tariff  schedule — Publication.  §  47.  Every  warehouse- 
man or  wharfinger  shall  file  with  the  commission  and 
shall  print  and  keep  open  to  the  public  inspection  sched- 
ules in  such  form  as  the  commission  may  prescribe, 
showing  all  rates  and  charges  made,  used  or  enforced, 
or  to  be  charged  or  enforced,  all  forms  of  contract  or 
agreement,  all  rules  and  regulations  relating  to  rates, 
charges  or  service  used  or  to  be  used,  and  all  general 
privileges  and  facilities  granted  or  allowed  by  such 
warehouseman   or  wharfinger. 

Change  in  schedule,  notice  required.  §  48.  Unless  the 
commission  otherwise  orders,  no  change  will  be  made  in 
any  rate  or  charge  or  in  any  form  of  contract  or  agree- 
ment or  in  any  rule  or  regulation  relating  to  any  rate, 
charge  or  service,  or  in  any  general  privilege  or  facility 
which  shall  have  been  filed  and  published  by  the  whar- 
finger or  warehouseman  in  compliance  with  the  require- 
ments of  the  preceding  section,  except  by  30  days'  notice 
to  the  commission  and  publication  for  30  days,  which 
schedule  shall  plainly  state  the  changes  to  be  made  in 
the  schedule  then  In  force  and  the  time  when  the  change 
will  go  into  effect,  and  all  proposed  changes  shall  be 
shown  by  printing,  filing  and  publishing  pew  schedules 
or  shall  be  plainly  indicated  upon  the  schedules  in  force 
at  the  time  and  kept  open  to  the  public  inspection.  The 
commission  for  good  cause  shown  may  allow  changes 
without  requiring  the  30  days'  notice  by  duly  filing  in 
such  manner  as  it  may  direct  an  order  specifying  the 
changes  so  to  be  made  and  the  time  when  it  shall  take 
effect;  all  such  changes  shall  be  immediately  indicated 
upon  its  schedule  by  the  warehouseman  or  wharfinger 
affected. 

Puhlished  rates  to  he  charged — Exceptions.  §  49.  No 
wharfinger  or  warehouseman  shall  charge,  demand,  col- 
lect or  receive  a  greater,  less  or  different  compensation 
for  any  service  rendered  or  to  be  rendered,  than  the 
rates  charged  applicable  to  such  service  as  specified  in 
its  schedule  filed  and  in  effect  at  the  time.  Nor  shall 
any  such  wharfinger  or  warehouseman,  directly  or  in- 
directly, refund  or  remit  in  any  manner  or  by  any  device 
any  portion  of  the  rate  or  charge  so  specified,  or  fur- 
nish dockage,  wharfage  or  storage  or  free  or  reduced 
rates  except  to  its  employes  and  their  families  and  its 
officers,  attorneys  and  agents;  to  hospitals,  charitable 
and  eleemosynary  institutions  and  persons  engaged  in 
charitable  and  eleemosynary  work;  to  indigent  and  desti- 
tute persons;  to  national  homes  or  State  homes  for 
disabled  volunteer  soldiers  and  soldiers'  and  sailors' 
homes. 

Employes  defined.  Provided,  that  the  term  "employes," 
as  used  in  this  section,  shall  include  furloughed,  pen- 
sioned and  superannuated  employes,  persons  who  have 
become  disabled  or  infirm  in  the  service  of  such  whar- 
finger or  warehouseman,  and  the  term  "families,"  as 
used  in  this  section,  shall  include  the  families  of  those 
persons  named  in  this  proviso,  also  the  families  of  per- 
sons killed  or  dying  in  the  service,  also  the  families  of 
persons  killed,  and  the  widows,  during  widowhood,  and 
the  minor  children  during  minority  of  persons  who  died 
while  in  the  service  of  any  such  wharfinger  or  ware- 
houseman. 

Uniform  privileges.  No  wharfinger  or  warehouseman 
shall  extend  to  any  person  or  corporation  any  form  of 
contract  or  agreement,  or  any  rule  or  regulation  or  any 
privilege  or  facility  except  as  are  regularly  and  uni- 
formly extended  to  all  persons  and  corporations  under 
like    circumstances. 


1394 


National  Association  of  Railway  Commissioners 


Unreasonable  preference.  §  50.  No  wharfinger  or  ware- 
houseman shall  make  or  grant  any  undue  or  unreason- 
able preference  or  advantage  to  any  person,  corporation 
or  locality,  or  to  any  particular  description  of  service 
in  any  respect  whatsoever,  or  subject  any  particular 
person,  corporation  or  locality  or  any  particular  descrip- 
tion of  service  or  traffic  to  any  undue  or  unreasonable 
prejudice  or  disadvantage  in  any   respect  whatever. 

Unjust  discrimination.  §  51.  No  wharfinger  or  ware- 
houseman shall,  directly  or  indirectly  or  by  any  special 
rate,  rebate,  drawback  or  other  device  or  method, 
charge,  demand,  collect  or  receive  from  any  person  or 
corporation  a  greater  or  less  compensation  for  the 
wharfage,  dockage  or  storage  of  property,  or  for  any 
service  rendered  or  to  be  rendered  or  in  connection 
therewith,  except  as  authorized  by  this  Act,  than  it 
charges,  demands,  collects  or  receives  from  any  person 
or  corporation  for  doing  a  like  or  contemporaneous  serv- 
ice with  respect  thereto  under  the  same  or  substantially 
similar   circumstances    and    conditions. 

Service  without  discrimination.  §  52.  Every  wharfinger 
or  warehouseman  shall,  upon  demand,  furnish  to  all  per- 
sons or  corporations  who  may  apply  therefor  and  be 
reasonably  entitled  thereto  suitable  facilities  for  storing 
and  transferring  property  from  such  warehouse,  wharf, 
dock  or  structure,  to  any  vessel  and  from  any  vessel  to 
any   such   warehouse,   wharf,   dock   or  structure. 

ARTICLE    VI. 

POWERS    OF    THE    COJIMISSION    IN    RELATION    TO    PUBLIC    .SERVICK 
COMPANIES. 

Charges  and  services  to  be  fixed  by  commission.  §  53. 
Whenever  the  commission  shall  find,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  as  herein  pro- 
vided, that  the  rates,  fares  or  charges  demanded,  ex- 
acted, charged  or  collected  by  any  common  carrier  for 
the  transportation  of  persons  or  property  within  the 
State  or  in  connection  therewith,  or  that  the  regulations 
or  practices  of  such  common  carrier  affecting  such 
rates  are  unjust,  unreasonable,  unjustly  discriminatory 
or  unduly  preferential,  or  in  anywise  in  violation  of  the 
provisions  of  law,  or  that  such  rates,  fares  or  charges 
are  Insufficient  to  yield  a  reasonable  compensation  for 
the  service  rendered,  the  commission  shall  determine  the 
just,  reasonable  or  sufficient  rates,  fares  or  charges, 
regulations  or  practices  to  be  thereafter  observed  and 
enforced  and  shall  fix  the  same  by  order  as  hereinafter 
provided. 

Commission  adjust  by  order.  Whenever  the  commission 
shall  find,  after  such  hearing,  that  the  rules,  regulations, 
practices,  equipment,  appliances,  facilities  or  service  of 
any  such  common  carrier  in  respect  to  the  transportation 
of  persons  or  property  are  unjust,  unreasonable,  unsafe, 
improper,  inadequate  or  insufficient,  the  commission  shall 
determide  the  just,  reasonable,  safe,  adequate,  sufficient 
and  proper  rules,  regulations,  practices,  equipment,  ap- 
pliances, facilities  or  service  to  be  observed,  furnished, 
constructed  or  enforced  and  be  used  in  the  transporta- 
tion of  persons  and  property  by  such  common  carrier, 
and  fix  the  same  by  its  order  or  rule  as  hereinafter 
provided. 

Charges  and  service  of  gas  companies,  electrical  and 
water  companies  to  be  fixed  by  commission.  §  54.  When- 
ever the  commission  shall  find,  after  a  hearing  had  upon 
its  own  motion,  or  upon  complaint,  as  herein  provided, 
that  the  rates  or  charges  demanded,  exacted,  charged  or 
collected  by  any  gas  company,  electrical  company  or 
water  company,  for  gas,  electricity  or  water,  or  in  con- 
nection therewith,  or  that  the  rules,  regulations,  prac- 
tices or  contracts  affecting  such  rates  or  charges  are 
unjust,  unreasonable,  unjustly  discriminatory  or  unduly 
preferential,  or  in  anywise  in  violation  of  the  provisions 
of  the  law,  or  that  such  rates  or  charges  are  insufficient 
to  yield  a  reasonable  compensation  for  the  service  ren- 
dered, the  commission  shall  determine  the  just,  reason- 
able or  sufficient  rates,  charges,  regulations,  practices  or 
contracts  to  be  thereafter  observed  and  in  force,  and 
shall   fix  the   same   by  order   as   hereinafter    provided. 

Order  efficient  service.  Whenever  the  commission  shall 
find,  after  such  hearing,  that  the  Illuminating  or  heating 
power,  purity  or  pressure  of  gas,  the  efficiency  of  elec- 
tric lamp  supply,  the  voltage  of  the  current  supplied  for 


light,  heat  or  power,  or  the  purity,  volume  and  pressure 
of  water,  supplied  by  any  gas  company,  electrical  com- 
pany or  water  company,  as  the  case  may  be,  is  insuffi- 
cient, impure,  inadequate  or  inefficient,  it  shall  order 
such  improvement  in  the  manufacture,  distribution  or 
supply  of  gas,  in  the  manufacture,  transmission  or  supply 
of  electricity,  or  in  the  storage,  distribution  or  supply 
of  water,  or  in  the  methods  employed  by  such  gas 
company,  electrical  company  or  water  company,  as  will 
in  its  judgment  be  efficient,  adequate,  just  and  reasonabie. 

Commission  fix  rules.  Whenever  the  commission  shall 
find,  after  hearing,  that  any  rules,  regulations,  measure- 
ments, or  the  standard  thereof,  practices,  acts  or  serv- 
ices of  any  such  gas  company,  electrical  company  or 
water  company  are  unjust,  unreasonable,  improper,  in- 
sufficient, inefficient  or  inadequate,  or  that  any  service 
which  may  be  reasonably  demanded  is  not  furnished,  the 
commission  shall  fix  the  reasonable  rules,  regulations, 
measurements,  or  the  standard  thereof,  practices,  acts 
or  service  to  be  thereafter  furnished,  imposed,  observed 
and  followed,  and  shall  fix  the  same  by  order,  or  rule, 
as    hereinafter    provided. 

Commission  to  fix  charges  and  service  of  telephone  and 
telegraph  companies.  §  55.  Whenever  the  commission 
shall  find,  after  a  hearing  had  upon  its  own  motion  or 
upon  complaint,  that  the  rates,  charges,  tolls,  or  rentals 
demanded,  exacted,  charged  or  collected  by  anv  telegraph 
company  or  telephone  company  for  the  transmission  jf 
messages  by  telegraph  or  telephone,  or  for  the  rental  or 
use  of  any  telegraph  line,  telephone  line  or  any  telegrai  h 
instrument,  wire,  appliance,  apparatus  or  device  or  ai  y 
telephone  receiver,  transmitter,  instrument,  wire,  cable, 
apparatus,  conduit,  machine,  appliance  or  device,  or  ai  y 
telephone  extension  or  extension  system,  or  that  the  ruk  s, 
regulations  or  practices  of  any  telegraph  company  or  tel3-. 
phone  company  affecting  such  rates,  charges,  tolls,  rentas 
or  service  are  unjust,  unreasonable,  unjustly  discrirain  i- 
tory  or  unduly  preferential,  or  in  anywise  in  violation  it 
law,  or  that  such  rates,  charges,  tolls  or  rentals  are  i  i- 
sufficient  to  yield  reasonable  compensation  for  the  servi(  e 
rendered,  the  commission  shall  determine  the  just  a;  d 
reasonable  rates,  charges,  tolls  or  rentals  to  be  thei  ;•  \ 
after  observed  and  in  force,  and  fix  the  same  by  order  i  s] 
hereinafter  provided.  j 

Order  adequate  service.  Whenever  the  commission  shsUi 
find,  after  such  hearing,  that  the  rules,  regulations  ■  ri 
practices  of  any  telegraph  company  or  telephone  compai  y 
are  unjust  or  unreasonable,  or  that  the  equipment,  fact  i- 
ties  or  service  of  any  telegraph  company  or  telephoi  e 
cdmpany  is  inadequate,  inefficient,  improper  or  insufficier  t, 
the  commission  shall  determine  the  just,  reasonabl  ■, 
proper,  adequate  and  efficient  rules,  regulations,  practices, 
equipment,  facilities  and  service  to  be  thereafter  I  i-j 
stalled,  observed  and  used,  and  fix  the  tame  by  order  iTj 
rule  as  hereinafter  provided. 

Charges  and  service  of  wharfingers  and  warehousemi  n 
to  be  fixed  by  commission.  §  56.  Whenever  the  commissI(  n 
shall  find,  after  a  hearing  had  upon  its  own  motion  nr 
upon  complaint,  as  herein  provided,  that  the  rates  nr 
charges  demanded,  exacted,  charged  or  collected  by  ai  y 
wharfinger  or  warehouseman  for  the  receipt,  storage  "r 
handling  of  freight,  or  in  connection  therewith,  or  that  tie 
rules,  regulations  or  practices  affecting  such  rates  or 
charges  are  unjust,  unreasonable,  unjustly  discriminato;  y 
or  unduly  preferential,  or  in  anywise  in  violation  of  t)ie 
provisions  of  law,  or  that  such  rates  and  charges  are  ia- 
sufficient  to  yield  a  reasonable  compensation  for  tie 
service  rendered,  the  commission  shall  determine  the  jui  t, 
reasonable  or  sufficient  rates,  charges,  rules,  regulations 
or  practices  to  be  thereafter  observed  and  in  force,  ai  d 
shall  fix  the  same  by  order  as  hereinafter  provided. 

Order  efficient  service.  Whenever  the  commission  she  U 
find,  after  such  hearing,  that  the  rules,  regulations  or 
practices  of  any  wharfinger  or  warehouseman  are  unjust 
or  unreasonable,  or  that  the  equipment,  facilities  or  serv- 
ice of  any  wharfinger  or  warehouseman  are  inadequate, 
inefficient.  Improper,  insufficient  or  unsafe,  the  comm  s- 
sion  shall  determine  the  just,  reasonable,  proper,  adequate, 
efficient  and  safe  rules,  regulations,  practices,  equipment, 
facilities  and  service  to  be  thereafter  installed,  observed 
and  used,  and  fix  the  same  by  order  of  the  commission  as 
hereinafter  provided. 

Joint  rates  and  through  routes  on  railroads.  §  57.  When- 


i'uBLic  Service  Laws 


i^'jh 


ever  the  commission  shall  be  of  opinion,  after  hearing  had 
upon  its  own  motion  or  upon  complaint,  that  the  rates  and 
charges  in  force  over  two  or  more  railroads,  between  any 
two  points  in  the  State,  are  unjust,  unreasonable  or  ex- 
cessive, or  that  no  satisfactory  through  route  or  joint  rate 
exists  between  such  points,  and  that  the  public  necessi- 
ties and  convenience  demand  the  establishment  of  a 
through  route  and  a  joint  rate  between  such  points,  the 
commission  may  order  such  railroads  to  establish  such 
through  route,  and  may  establish  and  fix  a  joint  rats 
which  will  be  fair,  just,  reasonable  and  sufficient,  to  be 
followed,  charged,  enforced,  demanded  and  collected  in  the 
future,  and  the  commission  may  order  that  carload  freight 
moving  between  such  points  shall  be  carried  by  the  dif- 
ferent companies,  parties  to  such  through  route  and  joint 
rate,  without  being  transferred  from  the  originating  cars. 
In  case  no  agreement  exists  between  such  railroads  for 
the  interchange  of  cars,  then  the  commission,  before  mak- 
ing such  order,  shall  be  empowered  to,  and  It  shall  be  its 
duty,  to  make  rules  for  the  expeditious  and  safe  return 
and  proper  compensation  for  the  cars  so  loaded  by  the 
company  or  companies  receiving  the  same. 

Interstate  fares — Rates,  charges,  etc.  §  58.  The  com 
mission  shall  have  power,  and  it  is  hereby  made  its  duty, 
to  investigate  all  interstate  rates,  fares,  charges,  classifica- 
tions or  rules  or  practices  in  relation  thereto,  for  or  In 
relation  to  the  transportation  of  persons  or  property  or  the 
tTansmission  of  messages  or  conversations,  where  any  act 
in  relation  thereto  shall  take  place  within  this  State,  and 
when  the  same  are,  in  the  opinion  of  the  commission,  ex- 
cessive or  discriminatory,  or  are  levied  or  laid  in  violation 
of  the  Act  of  congress  entitled  "An  act  to  regulate  com- 
merce," approved  February  4,  1887,  and  the  Acts  amenda- 
tory thereof  and  supplementary  thereto,  or  in  conflict  with 
the  rulings,  orders  or  regulations  of  the  Interstate  Com- 
merce Commission,  the  commission  shall  apply,  by  peti- 
tion, to  the  Interstate  Commerce  Commission  for  relief, 
and  may  present  to  the  Interstate  Commerce  Commission 
all  facts  coming  to  its  knowledge  as  to  violations  of  the 
rulings,  orders  or  regulations  of  that  Commission,  or  as 
to  violations  of  the  said  Act  to  regulate  commerce  or  Acts 
amendatory  thereof  or  supplementary  thereto. 

Powers  of  commission  to  provide  rules  for  expediting 
traffic.  §  59.  The  commission  shall  have,  and  it  is  hereby 
given,  power  to  provide  by  proper  rules  and  regulations 
the  time  within  which  all  railroads  shall  furnish,  after  de- 
mand therefor,  all  cars,  equipment  and  facilities  for  the 
handling  of  freight  in  carload  and  less  than  carload  lots, 
and  receiving,  gathering  and  transporting,  after  demand, 
of  all  express  packages  and  the  delivery  thereof  at  desti- 
nation, the  extent  of  free  gathering  and  distributing  limits 
for  express  packages  in  cities  and  towns  the  distance  that 
freight  shall  be  transported  each  day  after  receipt,  the 
time  within  which  consignors  or  persons  ordering  cars 
shall  load  the  same,  and  the  time  within  which  consignees 
and  persons  to  whom  freight  may  be  consigned  shall  un- 
load and  discharge  the  same  and  receive  freight  from  the 
freight  rooms,  and  to  provide  the  penalties  to  be  paid  to 
consignors  and  consignees  for  delays  on  the  part  of  rail- 
roads to  conform  to  such  rules,  and  prescribe  the  penalty 
to  be  paid  by  consignors  and  consignees  to  railroads  for 
failure  to  observe  such  rules. 

Weighing  of  freight — Scale  tests,  §  60.  The  commis- 
sion shall  have  power  to  enforce  reasonable  regulations 
for  the  weighing  of  cars  and  freight  offered  for  shipment 
over  any  line  of  railroad,  and  to  test  the  weights  made, by 
any  railroad  and  scales  used  in  weighing  freight  on  cars. 

Track  connections.  §  61.  Whenever  the  commission 
shall  find,  after  a  hearing  made  upon  complaint  or  upon 
its  own  motion,  that  the  public  necessities  and  con- 
veniences would  be  subserved  by  having  track  connec- 
tions made,  between  any  two  or  more  railroads  at  any 
of  the  points  hereinafter  specified,  the  commission  shall 
order  any  two  or  more  railroads  of  the  same  or  similar 
gauge  to  make  physical  connections  at  any  and  all  cross- 
ings, and  at  all  points  where  a  railroad  shall  begin  or 
terminate  at  or  near  any  other  railroad,  and  at  all  towns 
or  cities  where  two  or  more  railroads  enter  the  limits  of 
the  same,  so  that  the  cars  of  any  such  railroad  company 
may  be  speedily  transferred  from  one  railroad  to  another, 
and  shall  order  whether  the  expense  thereof  shall  be 
borne  jointly  or  otherwise. 

Side  track  connections.  §  62.  Whenever  the  commission 
shall  find,  after  a  hearing  had  upon  its  own  motion  or 


upon  complaint,  as  herein  provided,  that  application  has 
been  made  by  any  shipper  for  a  switching  connection  or 
connections  with  a  lateral  line  of  railway  or  private  side 
track  owned,  operated  o/  controlled  by  such  shipper,  or 
that  application  has  been  made  by  any  shipper  for  the 
installation  of  a  side  track  upon  the  property  of  such  rail- 
road, and  that  such  switch  connection  or  side  track  is 
reasonably  practicable,  can  be  put  in  with  reasonable 
safety,  and  the  business  therefor  is  suflicient  to  justify 
the  same,  and  that  the  railroad  company  has  refused  to 
Install  or  provide  the  same,  the  commission  shall  enter  its 
order  requiring  such  connection  or  the  construction  of 
such  side  track;  provided,  such  shipper  so  to  be  served 
shall  pay  the  legitimate  cost  and  expense  of  constructing 
such  connection  or  side  track  as  shall  be  determined  in 
separate  items  by  the  commission,  and  before  the  railroad 
company  shall  be  compelled  to  incur  any  cost  in  connec- 
tion therewith  the  same  shall  be  secured  to  the  railroad 
company  in  such  manner  as  the  commission  may  require. 
Whenever  such  lateral  line  of  railway,  private  side  track 
or  side  track  upon  the  property  of  the  railroad  company 
shall  be  constructed  under  the  provisions  of  this  section, 
any  person  or  corporation  shall  be  entitled  to  connect 
therewith  or  use  the  same  upon  the  payment  to  the  ship- 
per incurring  the  primary  expense  of  a  reasonable  propor- 
tion of  the  cost  thereof,  to  be  determined  by  the  com- 
mission after  notice  to  the  interested  parties;  provided, 
that  such  connection  can  be  made  without  unreasonable 
interference  with  the  right  of  such  shipper  Incurring  the 
primary  expense. 

Investigation  of  wrecks.  §  63.  Every  public  service  com.- 
pany  is  hereby  required  to  give  immediate  notice  to  the 
commission  of  every  accident  resulting  in  death  or  injury 
to  any  person  occurring  on  Us  lines,  plant  or  system,  in 
such  manner  as  the  commission  may  prescribe.  The  com- 
mission may  require  reports  to  be  made  by  any  common 
carrier  of  all  wrecks,  collisions  or  derailments  occurring 
on  the  line  of  any  such  common  carrier.  Such  notice  shall 
not  be  admitted  as  evidence  or  used  for  any  purpose 
against  such  public  service  company  giving  such  notice 
in  any  suit  or  action  for  damages  growing  out  of  any  mat- 
ter mentioned  in  such  notice. 

Investigate  accidents.  The  commission  is  hereby  au- 
thorized and  directed  to  investigate  all  accidents  that  may 
occur  upon  the  lines  of  any  common  carrier  resulting  in 
loss  of  life,  to  any  passenger  or  employe,  and  may  Investi- 
gate any  and  all  accidents  or  wrecks  occurring  on  the  line 
of  any  such  common  carrier,  or  any  accident  resulting  in 
death  or  injury  to  any  person  occurring  in  connection  with 
the  plant  or  system  of  any  public  service  company.  Nor 
tice  of  such  investigation  shall  be  given  in  all  cases  for 
a  sufficient  length  of  time  to  enable  the  public  service  com- 
pany affected  to  participate  in  the  hearing,  and  such  no- 
tice may  be  given  orally  or  in  writing,  in  such  manner  as 
the  commission  may  prescribe. 

Witnesses  examined.  Such  witnesses  may  be  examined 
as  the  commission  may  deem  necessary  and  proper  to 
thoroughly  ascertain  the  cause  of  the  accident  or  wreck 
and  fix  the  responsibility  therefor.  Such  examination  and 
investigation  may  be  conducted  by  the  inspector  or  any 
deputy  inspector,  and  such  inspector  or  deputy  inspector 
shall  have  the  power  to  administer  oaths,  issue  subpoenas 
and  compel  the  attendance  of  witnesses,  and  when  such 
examination  is  conducted  by  the  inspector  or  deputy  In- 
spector, he  shall  make  a  full  and  complete  report  thereof 
to  the  commission. 

Power  of  commission  to  order  repairs  or  changes.  §  04. 
Whenever  the  commission  shall,  after  a  hearing  had  upon 
its  own  motion  or  upon  complaint,  find  that,  additional 
tracks,  switches,  terminals,  terminal  facilities,  stations,  mo- 
tive power  or  any  other  property,  apparatus,  equipment, 
facilities  or  device  for  use  by  any  common  carrier  in,  or 
in  connection  with  the  transportation  of  persons  or  prop- 
erty, ought  reasonably  to  bo  provided,  or  any  repairs  or 
improvements  to,  or  changes  in,  any  theretofore  in  use 
ought  reasonably  to  be  made,  or  any  additions  or  changes 
in  construction  should  reasonably  be  made  thereto,  in 
order  to  promote  the  security  or  convenience  of  the  public 
or  employes,  or  in  order  to  secure  adequate  service  or 
facilities  for  the  transportation  of  passengers  or  property, 
the  commission  may,  after  a  hearing,  either  on  its  own 
motion  or  after  complaint,  make  and  serve  an  order  di- 
recting such  repairs,  improvements,  changes  or  additions 
to  be  made. 


13!)(j 


National  Association  of  Railway  Commissioners 


Commission  to  investigate  equipment,  track,  etc. — Pre- 
scribe rates  of  speed.  §  65.  If  upon  investigation  the  com- 
mission shall  find  that  the  equipment  or  appliances  in  con- 
nection therewith,  or  the  apparatus,  tracks,  bridges  or 
other  structures  of  any  common  carrier  are  defective,  and 
that  the  operation  thereof  is  dangerous  to  the  employes 
of  such  common  carrier  or  to  the  public,  it  shall  imme- 
diately give  notice  to  the  superintendent  or  other  officer 
of  such  common  carrier  of  the  repairs  or  reconstruction 
necessary  to  place  the  same  in  a  safe  condition,  and  may 
also  prescribe  the  rate  of  speed  for  trains  or  cars  passing 
over  such  dangerous  or  defective  track,  bridge  or  other 
structure  until  the  repairs  or  reconstruction  required  are 
made,  and  may  also  prescribe  the  time  within  which  the 
same  shall  be  made.  Or  if,  in  its  opinion,  it  is  needful  or 
proper,  it  may  forbid  the  running  of  trains  or  cars  over 
any  defective  track,  bridge  or  structure  until  the  same  be 
repaired  and  placed  in  a  safe  condition. 

No  action  to  review.  There  shall  be  no  appeal  from  or 
action  to  review  any  order  of  the  commission  made  under 
the  provisions  of  this  section. 

Safety  appliances — Fixing  of  standards.  §  66.  Bach  lo- 
comotive on  every  railroad  in  this  State  shall  be  equipped 
with  power  driving  wheel  brakes  and  appliances  for  op- 
erating the  train  brake  system,  so  equipped  that  the  engi- 
neer on  the  locomotive  drawing  such  train  can  control  its 
speed  without  requiring  brakeman  to  use  the  common 
hand  brakes  for  that  purpose,  with  couplers  coupling  auto- 
matically by  Impact,  which  can  be  coupled  or  uncoupled 
without  the  necessity  of  men  going  between  the  locomo- 
tive and  the  loeomMve  o"-  car  to  which  the  same  Is  being 
coupled  or  from  which  it  is  being  uncoupled,  and  with 
proper  flanges,  sill  steps  and  grabirons,  or  uncoupling 
levers  in  lieu  of  such  grabirons,  and,  excepting  such  as  may 
be  assigned  to  daylight  runs  or  switching  service  exclu- 
sively, with  electric  headlights  of  approved  design  and  ca- 
pacity (except  that  locomotives  may  be  operated  without 
such  headlight  upon  permission  and  order  of  the  commis- 
sion), with  proper  cocks,  valves,  pistons,  valve  stems  and 
appliances  which  will  prevent  the  escape  of  steam  In  such 
volume  as  to  obstruct  the  view  of  the  engineman  operating 
such  locomotive,  and,  in  the  case  of  locomotives  used  in 
the  switching  service,  with  proper  foot-boards  and  toe 
boards,  and  with  a  headlight  on  each  end,  and  with  such 
other  appliances,  apparatus  and  machinery  necessary  for 
safe  operation  of  the  locomotive  or  the  train  to  which  the 
same  is  attached,  as  the  commission  m.ay  prescribe;  pro- 
vided, that  in  case  of  emergency  the  commission  may  per- 
mit the  use  of  road  engines  in  switching  service. 

Couplers.  Each  car  shall  be  equipped  with  couplers 
coupling  automatically,  which  can  be  coupled  or  uncoupled 
without  the  necessity  of  men  going  between  the  ends  of 
the  cars,  with  power  brakes,  with  proper  hand  brakes,  sill 
steps  and  grabirons,  and,  where  secure  ladders  and  running 
boards  are  required,  with  such  ladders  and  running 
boards,  and  all  cars  having  ladders  shall  also  he  equipped 
with  secure  handholds  or  grabirons  on  their  roofs  at  the 
tops  of  such  ladders,  and  with  such  other  appliances  nec- 
essary for  the  safe  operation  of  such  cars,  and  the  trains 
containing  such  cars,  as  may  be  prescribed  by  the  com- 
mission; provided,  that  in  the  loading  and  hauling  of  long 
commodities  requiring  more  than  one  car,  hand  brakes 
may  be  omitted  from  all  save  one  of  the  cars,  while  they 
are  thus  combined  for  such  purpose;  and  provided,  further, 
that  in  the  operation  of  trains  not  less  than  85  per  cent 
of  the  cars  in  such  train,  which  are  associated  together, 
shall  have  their  power  brakes  used  and  operated  by  the 
engineer  of  the  locomotive  drawing  such  train. 

Street  railway  equipment.  Every  street  car  shall  be 
equipped  with  proper  and  efl5cient  brakes,  steps,  grab- 
irons  or  hand  rails,  fenders  or  aprons  or  pilots,  and  with 
such  other  appliances,  apparatus  and  machinery  necessary 
for  the  safe  operation  of  such-  street  car  as  the  commission 
may  prescribe. 

Procedure — Commission  give  notice— May  change  stand- 
ards— Defects  through  use.  The  commission  shall,  as  soon 
as  practicable,  after  the  taking  effect  of  this  Act,  desig- 
nate the  number,  dimensions,  location  and  manner  of  ap- 
plication of  the  appliance  provided  for  herein,  or  such  as 
may  be  prescribed  by  the  commission,  and  shall  give  notice 
of  such  designation  to  all  railroad  companies  and  street 
railroad  companies  subject  to  the  provisions  of  this  Act, 
by  such  means  as  the  commission  may  deem  proper,  and 
thereafter   such   number,   dimensions,   location   and   man- 


ner of  application  as  designated  by  the  commission  shall 
remain  as  the  standards  of  equipment  to  be  used  on  all 
cars  and  locomotives  subject  to  the  provisions  of  this 
Act.  The  commission  shall  have  power  to  add  to,  change 
or  modify  said  standards  of  equipment  at  any  time  or  to 
provide  different  standards  under  different  circumstances 
and  conditions;  provided,  that  the  commission  may.  upon 
full  hearing,  for  good  cause,  extend  the  period  within 
which  any  railroad  or  street  railroad  may  comply  with  the 
provisions  of  this  section  with  respect  to  the  equipment 
of  locomotives  or  cars  actually  in  service  at  the  date  of 
the  passage  of  this  Act.  The  commission  is  hereby  given 
authority  to  fix  the  time  within  which  such  modification 
or  change  shall  become  effective  or  obligatory.  After  the 
time  so  fixed  it  shall  be  unlawful  to  use  any  car,  motor  or 
locomotive  which  does  not  comply  with  the  standards  so 
prescribed  by  the  commission;  provided,  that  when  any 
car,  motor  or  locomotive  shall  have  been  properly 
equipped  as  provided  in  this  Act,  and  such  equipment  shall 
have  become  defective  or  insecure  while  such  car,  motor 
or  locomotive  was  being  used  by  such  railroad  compary 
upon  its  line  of  railroad,  such  car,  motor  or  locomotive 
may  be  hauled  from  the  place  where  such  equipment  w£is 
first  discovered  to  be  defective  or  insecure  to  the  nearest 
available  point  where  such  car,  motor  or  locomotive  can 
be  repaired,  without  liability  for  the  penalties  imposed 
herein  if  such  .movement  is  necessary  to  make  such  rs- 
pairs,  and  such  repairs  cannot  reasonably  be  made  except 
at  such  repair  point.  Nothing  in  this  proviso  shall  te 
construed  to  permit  the  hauling  of  defective  cars  by  meat  3 
of  chains  instead  of  drawbars  in  revenue  trains,  or  in 
association  with  other  cars  that  are  commercially  use<l, 
unless  such  defective  cars  contain  livestock  or  perishable 
freight. 

Railroad  to  operate  no  defective  equipment — Exceptions. 
It  shall  be  unlawful  for  any  railroad  company  or  stre<  t 
railroad  company  to  use  or  operate  any  car,  motor,  loo- 
motive  or  train  that  is  defective,  or  any  car,  motor,  loco- 
motive or  train  upon  which  any  appliance,  machinery  c  r 
attachment  thereto  belonging  is  defective,  or  to  knowiagjy 
operate  its  train  over  any  detective  track,  bridge  or  oth(  r 
structure,  excepting  in  cases  of  emergency  and  und<  r 
proper  precautions;  provided,  that  this  section  shall  n<  t 
apply  to  boarding  and  outfit  cars  when  moved  as  woic 
trains,  or  to  trains  consisting  wholly  of  logging  trucp  3 
or  of  logging  trucks  and  a  passenger  car  or  cabooi  3 
at  the  rear  end  thereof,  or  of  logging  trucks,  and  not  i Oi 
exceed  five  freight  cars  at  the  rear  end  thereof. 


Duties  of  inspector  of  safety  appliances.  §  67.  It  sfllll 
be  the  duty  of  the  inspector  of  tracks,  bridges,  structurt  3 
and  equipment,  and  such  deputies  as  may  be  appointed  to 
inspect  all  equipment  and  appliances  connected  therewltli, 
and  all  apparatus,  tracks,  bridges  and  structures,  depot  3 
and  facilities  and  accommodations  connected  therewltli, 
and  facilities  and  accommodations  furnished  for  the  use 
of  employes,  and  make  such  reports  of  his  inspection  to 
the  commission  as  may  be  required.  He  shall,  on  dis- 
covering any  detective  equipment  or  appliances  connected 
therewith,  rendering  the  use  of  such  equipment  dangerou  i, 
immediately  report  the  same  to  the  superintendent  of  tte 
road  on  which  it  is  found,  and  to  the  proper  official  at  tie 
nearest  point  where  such  defect  is  discovered,  describing 
the  defect.  Such  inspector  may,  on  the  discovery  of  ary 
defect  rendering  the  use  of  any  car,  motor  or  locomothe 
dangerous,  condemn  such  car,  motor  or  locomotive  ard 
order  the  same  out  of  service  until  repaired  and  put  in 
good  working  order.  He  shall,  on  discovering  any  trace, 
bridge  or  structure  defective  or  unsafe  in  any  particular, 
report  such  condition  to  the  commission,  and,  in  additicn 
thereto,  report  the  same  to  the  official  in  charge  of  tie 
division  of  such  railroad  upon  which  such  defect  is  founl. 

Inspector  may  condemn.  In  case  any  track,  bridge  or 
structure  is  found  so  defective  as  to  be  dangerous  to  tl.e~ 
employes  or  public  for  a  train  or  trains  to  be  operated 
over  the  same,  the  inspector  is  hereby  authorized  to  coa- 
demn  such  track,  bridge  or  structure  and  notify  the  com- 
mission and  the  office  in  charge  of  the  division  of  su<:h 
railroad  where  such  defect  is  found  of  his  action  concern- 
ing the  same,  reporting  in  detail  the  defect  complained  of 
and  the  work  or  improvements  necessary  to  repair  such 
defect.  He  shall  also  report  to  the  commission  the  viola- 
tion of  any  law  governing,  controlling  or  affecting  the 
conduct  of  public  service  companies  in  this  State. 

Privileges  of  inspector.    The  Inspector,  01;  such  deputies 


Public  Service  Laws 


1397 


as  may  be  appointed,  shall  have  the  right  and  privilege  of 
riding  on  any  locomotive,  either  on  freight  or  passenger 
trains,  or  on  the  caboose  of  any  freight  train,  for  the  pur- 
pose of  inspecting  the  track  on  any  railroad  in  this  State: 
Provided,  That  the  engineer  or  conductor  in  charge  of 
any  sucli  locomotive  or  caboose  may  require  such  in- 
spector to  produce  his  authority,  under  the  seal  of  the  com- 
mission, showing  that  he  is  such  inspector  or  deputy  in- 
spector. 

Report.  The  inspector,  or  such  deputy  inspector  or  in- 
spectors as  may  be  appointed,  shall,  when  required  by  the 
commission,  inspect  any  street  railroad,  gas  plant,  elec- 
trical plant,  water  system,  telephone  line  or  telegraph  line, 
and  upon  discovering  any  defective  or  dangerous  track, 
bridge,  structure,  equipment,  apparatus,  machinery,  ap- 
pliance, facility,  instrumentality  or  building,  rendering  the 
use  of  the  same  dangerous  to  the  public  or  to  the  em- 
ployes of  the  company  owning  or  operating  the  same,  re- 
port the  same  to  the  commission  and  to  the  official  in 
charge  of  such  road,  plant,  system  or  line. 

Safeguarding  frogs  and  stcitches.  §  68.  Every  railroad 
and  street  railroad  operating  in  this  State  shall  so  adjust, 
fill,  block  and  securely  guard  all  frogs,  switches  and  guard 
rails,  so  as  to  protect  and  prevent  the  feet  of  persons 
being  caught  therein. 

Trains  shall  stop  at  railroad  crossings.  §  69.  All  rail- 
roads and  street  railroads  operating  in  this  State  shall 
cause  their  trains  and  cars  to  come  to  a  full  stop  at  a 
distance  not  greater  than  500  feet  before  crossing  the 
tracks  of  another  railroad  crossing  at  grade,  excepting 
at  crossings  where  there  are  established  signal  towers 
and  signal  men,  interlocking  plants  or  gates. 

Gas  plants,  electrical  plants  and  xoater  systems — Repairs, 
improvements  and  changes.  §  70.  Whenever  the  commis- 
sion shall  find,  after  hearing  had  upon  its  own  motion 
or  upon  complaint,  that  repairs  or  improvements  to,  or 
changes  in,  any  gas  plant,  electrical  plant  or  water  system 
ought  to  be  made,  or  that  any  additions  or  extensions 
should'  reasonably  be  made  thereto,  in  order  to  promote 
the  security  or  convenience  of  the  public  or  employes,  or 
in  order  to  secure  adequate  service  or  facilities  for  manu- 
facturing, distributing  or  supplying  gas,  electricity  or 
water,  the  commission  may  enter  an  order  directing  that 
such  reasonable  repairs,  improvements,  changes,  additions 
or  extensions  of  such  gas  plant,  electrical  plant  or  water 
system  be  made. 

Telephone  and  telegraph  companies — Repairs,  improve- 
ments and  changes.  §  71.  Whenever  the  commission  shall 
find,  after  a  hearing  had  on  its  own  motion  or  upon  com- 
plaint, that  repairs  or  improvements  to,  or  changes  in,  any 
telegraph  line  or  telephone  line  ought  reasonably  to  bo 
made,  or  that  any  additions  or  extensions  should  reason-, 
ably  be  made  thereto  in  order  to  promote  the  security 
or  convenience  of  the  public  or  employes,  or  in  order  to 
secure  adequate  service  or  facilities  for  telegraphic  or 
telephonic  communications,  the  commission  shall  make  and 
serve  an  order  directing  that  such  repairs,  improvements, 
changes,  additions  or  extensions  be  made  in  the  manner 
to  be  specified  therein. 

Docks,  wharves  and  warehouses — Repairs,  improvements 
and  changes.  S  72.  Whenever  the  commission  shall  find, 
after  hearing  had  upon  its  own  motion  or  upon  com- 
plaint, that  repairs  or  improvements  to,  or  changes  in, 
any  dock,  wharf  or  warehouse  ought  reasonably  to  be 
made,  or  that  any  additions  or  extensions  should  reason- 
ably be  made  thereto  in  order  to  promote  the  security  or 
adequate  service  or  facilities  for  the  receipt,  storage  or 
handling  of  freight,  the  commission  shall  make  and  serve 
an  order  directing  that  such  repairs,  improvements, 
changes,  additions  or  extensions  shall  be  made  in  the  man- 
ner specified  therein. 

Physical  connections  and  joint  rates  'between  telephone 
and  telegraph  companies.  §  73.  Whenever  the  commission 
shall  find  that  any  two  or  more  telephone  companies,  whose 
lines  form  a  continuous  line  of  communication,  or  could 
be  made  to  do  so  by  the  construction  and  maintenance 
of  suitable  connections  for  the  transfer  of  messages  or 
conversations  at  common  points  between  different  local- 
ities which  are  not  reached  by  the  line  of  either  com- 
pany alone,  and  that  such  connections  or  facilities  for 
the  transfer  of  messages  or  conversations  at  common 
points  can  reasonably  be  made,  an  eflicient  service  obtained 


and  that  a  necessity  exists  therefor,  or  shall  find  that  any 
two  or  more  telegraph  or  telephone  companies  have  failed 
to  establish  joint  rates  or  charges  for  service  by  or  over 
their  said  lines,  and  that  joint  rates  or  charges  ought  to 
bo  established,  the  commission  may,  by  its  order,  require 
such  connection  to  be  made,  and  that  conversations  be 
transmitted  and  messages  transferred,  and  prescribe 
through  lines  and  joint  rates  and  charges  to  be  made 
and  to  be  used,  observed  and  in  force  in  the  future,  and 
fix  the  same  by  order  to  be  served  upon  the  company  or 
companies  aitected. 

Inspectors  of  gas,  electric  and  water  meters.  §  74.  The 
commission  may  appoint  inspectors  of  gas  and  water 
meters,  whose  duty  it  shall  be  when  required  by  the  com- 
mission to  inspect,  examine,  prove  and  ascertain  the  ac- 
curacy of  any  and  all  gas  and  water  meters  used  or  In- 
tended to  be  used  for  measuring  or  ascertaining  the  quan- 
tity of  gas  for  light,  heat  or  power,  or  the  quantity  of 
water  furnished  for  any  purpose  by  any  public  service 
company  to  or  for  the  use  of  any  person  or  corporation, 
and  when  found  to  be  or  made  to  be  correct  such  in- 
spectors shall  seal  all  such  meters  and  each  of  them  with 
some  suitable  device  to  be  prescribed  by  the  commission. 

Healed  by  comtnission  inspector.  No  public  service  com- 
pany shall  thereafter  furnish,  set  or  put  in  use  any  gas 
or  water  meter  which  shall  not  have  been  inspected, 
proved  and  sealed  by  an  inspector  of  the  commission  under 
such  rules  and  regulations  as  the'  commission  may  pre- 
scribe. 

Inspector  stamp  and  mark.  The  commission  may  ap- 
point inspectors  of  electric  meters,  whose  duty  it  shall 
be  when  required  by  the  commission  to  inspect,  examine, 
prove  and  ascertain  the  accuracy  of  any  and  all  electric 
meters  used  or  intended  to  be  used  for  measuring  and 
ascertaining  the  quantity  of  electric  current  furnished  for 
light,  heat  or  power  by  any  public  service  company  to  or 
for  the  use  of  any  person  or  corporation,  and  to  inspect, 
examine  and  ascertain  the  accuracy,  of  all  apparatus  for 
testing  and  proving  the  accuracy  of  electric  meters,  and 
when  found  to  be  or  made  to  be  correct  the  inspector  shall 
stamp  or  mark  all  such  meters  and  apparatus  with  some 
suitable  device  to  be  prescribed  by  the  commission.  No 
public  service  company  shall  furnish,  set  or  put  in  use 
any  electric  meters,  the  type  of  which  shall  not  have  been 
approved  by  the  commission. 

Testing  apparatus.  Every  gas  company,  electrical  com- 
pany and  water  company  shall  prepare  and  maintain  such 
suitable  premises,  apparatus  and  facilities  as  may  be  re- 
quired and  approved  by  the  commission  for  testing  and 
proving  the  accuracy  of  gas,  electric  or  water  meters  fur- 
nished for  use  by  it  by  which  apparatus  every  meter 
may  be  tested. 

Inspection  on  request — Expense.  If  any  consumer  to 
whom  a  meter  has  been  furnished  shall  request  the  com- 
mission in  writing  to  inspect  such  meter,  the  commission 
shall  have  the  same  inspected  and  tested,  and  if  the 
same,  on  being  so  tested,  shall  be  found  to  be  more  than 
4  per  centum  if  an  electric  meter,  or  more  than  2  per 
centum  if  a  gas  meter,  or  more  than  2  per  centum  if  a 
water  meter,  defective  or  incorrect  to  the  prejudice  of 
the  consumer,  the  expense  of  such  inspection  and  test 
shall  be  borne  by  the  gas  company,  electrical  company 
or  water  company,  and  if  the  same,  on  being  so  tested 
shall  be  found  to  be  correct  within  the  limits  of  error 
prescribed  by  the  provisions  of  this  section,  the  expense 
of  such  inspection  and  test  shall  be  borne  by  the  con- 
sumer. 

Rules.  The  commission  shall  prescribe  such  rules  and 
regulations  to  carry  into  effect  the  provisions  of  this 
section  as  it  may  deem  necessary,  and  shall  fix  the  uni- 
form and  reasonable  charges  for  the  inspection  and  test- 
ing of  meters  upon  complaint. 

ARTICLE  VII. 

PROCEDURE    BEFORE    COMMISSION    AND    COURTS. 

Power  to  administer  oaths.  §  75.  Each  commissioner 
shall  have  power  to  administer  oaths,  certify  to  all  of- 
ficial acts,  and  to  issue  subi)oenas  for  the  attendance  of 
witnesses  and  the  production  of  papers,  way  bills,  books, 
accounts,  documents  and  testimony  in  any  inquiry,  in- 
vestigation, hearing  or  proceeding  in  any  part  of  the 
State. 


1398 


National  Association  op  Railway  Commissioners 


Notice  of  convening.  The  Superior  Court  of  the  county 
in  which  any  such  inquiry,  investigation,  hearing  or  pro- 
ceeding may  be  had,  shall  have  power  to  compel  the  attend- 
ance of  witnesses  and  the  production  of  papers,  way 
bills,  books,  accounts,  documents  and  testimony  as  re- 
quired by  such  subpoena.  The  commission  or  the  com- 
missioner before  which  the  testimony  is  to  be  given  or 
produced,  in  case  of  the  refusal  of  any  witness  to  attend 
or  testify  or  produce  any  papers  required  by  the  sub- 
poena, shall  report  to  the  Superior  Court  in  and  for  the 
county  in  which  the  proceeding  is  pending  by  petition, 
setting  forth  that  due  notice  has  been  given  of  the  time 
and  place  of  attendance  of  said  witnesses,  or  the  produc- 
tion of  said  papers,  and  that  the  witness  has  been  sum- 
moned in  the  manner  prescribed  in  this  Act,  and  that  the 
fees  and  mileage  of  the  witness  have  been  paid  or 
tendered  to  the  witness  for  his  attendance  and  testimony, 
and  that  the  witness  has  failed  and  refused  to  attend 
or  produce  the  papers  required  by  the  subpoena,  before 
the  commission,  in  the  cause  or  proceedings  named  in  the 
notice  and  subpoena,  or  has  refused  to  answer  questions 
propounded  to  him  in  the  course  of  such  proceeding,  and 
ask  an  order  of  said  court,  compelling  the  witness-  to  at- 
tend and  testify  before  the  commission. 

Order  witnesses  to  appear.  The  court,  upon  the  petition 
of  the  commission,  shall  enter  an  order  directing  the 
witness  to  appear  before  said  court  at  a  time  and  place 
to  be  fixed  by  the  court  in  such  order,  and  then  and 
there  show  cause  why  he  has  not  responded  to  said  sub- 
poena. A  copy  of  said  order  shall  be  served  upon  said 
witness.  If  it  shall  appear  to  the  court  that  said  sub- 
poena was  regularly  issued  by  the  commission,  the  court 
shall  thereupon  enter  an  order  that  said  witness  appear 
before  the  commission  at  said  time  and  place  as  fixed 
in  said  order,  and  testify  or  produce  the  required  papers, 
and  upon  failing  to  obey  said  order,  said  witness  shall 
be  dealt  with  as  for  contempt  of  court. 

Limit  number  of  tvitnesscs.  In  all  proceedings  before 
the  commission  the  commission  shall  have  the  right,  in 
their  discretion,  to  limit  the  number  of  witnesses  testify- 
ing upon  any  subject  or  proceeding  to  be  inquired  of  be- 
fore the  commission. 

Depositions — Service  of  process — Witness  fees.  The 
commission  shall  have  the  right  to  take  the  testimony 
of  any  witness  by  deposition,  and  for  that  purpose  the 
attendance  of  witnesses  and  the  production  of  books, 
way  bills,  documents,  papers  and  accounts  may  be  en- 
forced in  the  same  manner  as  in  the  case  of  hearings  be- 
fore the  commission,  or  any  member  thereof.  Process 
issued  under  the  provisions  of  this  Act  shall  be  served 
as  in  civil  ■cases.  Each  witness  who  shall  appear  before 
the  commission  under  subpoena  shall  receive  for  his  at- 
tendance $3  per  day  and  5  cents  per  mile  traveled  by 
the  nearest  practicable  route  in  going  and  returning  from 
the  place  of  hearing;  provided,  that  no  witness  shall  be 
entitled  to  fees  or  mileage  from  the  State  of  Washington 
when  summoned  at  the  instance  of  the  public  service 
corporations  affected.  The  claim  by  any  witness  that 
any  testimony  sought  to  be  elicited  may  fend  to  incrimi- 
nate him  shall  not  excuse  such  witness  from  testifying, 
but  such  evidence  or  testimony  shall  not  be  used  against 
such  person  on  the  trial  of  any  criminal  proceeding, 
excepting  in  a  prosecution  for  perjury.  The  pommis- 
sioner  shall  have  power  to  compel  the  attendance  of  wit- 
nesses at  any   place  within  the   State. 

Inspection  of  books,  papers  and  documents.  §  77.  The 
commission  and  each  commissioner,  or  any  person  em- 
ployed by  the  commission,  shall  have  the  right,  at  any 
and  all  times,  to  inspect  the  accounts,  books,  papers  and 
documents  of  any  public  service  company,  and  the  com- 
mission, or  any  commissioner,  may  examine  under  oath 
any  oflBcer,  agent  or  employe  of  such  public  service  com- 
pany in  relation  thereto,  and  with  reference  to  the 
affairs  of  such  company;  provided,  that  any  person  other 
than  a  commissioner  who  shall  make  any  demand  shall 
produce  his  authority  from  the  commission  to  make  such 
Inspe'ction. 

Reports.  §  78.  Every  public  service  company  shall  an- 
nually furnish  -to  the  commission  a  report  in  such  form 
as  the  commission  may  require,  and  shall  specifically 
answer  all  questions  propounded  to  it  by  the  commission, 
upon  or  concerning  which  the  commission  may  need  In- 
formation.    Such  annual  reports  shall  show  in  detail  the 


amount  of  capital  stock  issued,  the  amounts  paid  there- 
for and  the  manner  of  payment  for  same,  the  dividends 
paid,  the  surplus  fund,  it  any,  and  the  number  of  stock- 
holders, the  funded  and  floating  debts  and  the  interest 
paid  thereon,  the  cost  and  value  of  the  company's  prop- 
erty, franchises  and  equipment,  the  number  of  employes 
and  the  salaries  paid  each  class,  the  accidents  to  pas- 
sengers, employes  and  other  persons  and  the  cost  thereof, 
the  amounts  expended  for  improvements  each  year,  how 
expended  and  the  character  of  such  improvements,  the 
earnings  or  receipts  from  each  franchise  or  business  and 
from  all  sources,  the  proportion  thereof  earned  from 
business  moving  wholly  within  the  State  and  the  propor- 
tion earned  from  interstate  traffic,  the  nature  of  the 
traflic  movement  showing  the  percentage  of  the  ton  miles 
each  class  of  commodity  bears  to  the  total  ton  mileage, 
the  operating  and  other  expenses  and  the  proportion  of 
such  expense  incurred  in  transacting  business  wholly 
within  the  State,  and  the  proportion  incurred  in  transact- 
ing interstate  business,  such  division  to  be  shown  accoi-d- 
ing  to  such  rules  of  division  as  the  commission  may 
prescribe,  the  balances  of  profit  and  loss,  and  a  compU  te 
■exhibit  of  the  financial  operations  of  the  carrier  each 
year,   including  an  annual  balance  sheet. 

Detail  of  report — Uniform  system  of  accounts.  Such  re- 
port shall  also  contain  such  information  in  relation  to 
rates,  'charges  or  regulations  concernmg  fares,  charges  or 
freights,  or  agreements,  arrangements  or  contracts  af- 
fecting the  same,  as  the  commission  may  require;  aid 
the  commission  may,  in  its  discretion,  for  the  purpose  of 
enabling  it  the  better  to  carry  out  the  provisions  of  tl  is 
Act,  prescribe  the  period  of  time  within  which  all  pub  ic 
service  companies  subject  to  the  provisions  of  this  Act 
shall  have,  as  near  as  may  be,  a  uniform  system  of  i  c- 
counts,  and  the  manner  in  which  such  accounts  shall  e 
kept.  Such  detailed  report  shall  contain  all  the  re- 
quired statistics  for  the  period  of  12 -months  ending  on 
the  last  day  of  any  particular  month  prescribed  by  t  le 
commission  for  any  public  service  company.  Such  repoi  ts 
shall  be  made  out  under  oath  and  filed  with  the  comm  s- 
sion  at  its  office  in  Olympia  within  three  months  aft  jr 
the  close  of  the  designated  year  for  which  such  report  is 
made,  unless  additional  time  be  granted  in  any  casdul 
the  •commission.  'ma 

May  require  monthly  reports.  The  commission  sh;  11 
have  authority  to  require  any  public  service  company  :o 
file  monthly  reports  of  earnings  and  expenses,  and  to 
file  periodical  or  special,  or  both  periodical  and  speci  d, 
reports  concerning  any  matter  about  which  the  co  n- 
mission  is  authorized  or  required  by  this  or  any  oth  ?r 
law,  to  inquire  into  or  keep  itself  informed  about,  )r 
which  it  is  required  to  enforce,  such  periodical  or  spec  al 
reports  to  be  under  oath  whenever  the  commission 
requires. 

Records  and  memoranda.  The  commission  may,  10* 
discretion,  prescribe  the  forms  of  any  and  all  accoun  s, 
records  and  memoranda  to  be  kept  by  public  service  co  n- 
panies,  including  the  accounts,  records  and  memoran  la 
of  the  movement  of  traffic,  sales  of  its  product,  the  e- 
celpts  and  expenditures  of  money.  The  commission  sh  ill 
at  all  times  have  access  to  all  accounts,  records  a  id 
memoranda  kept  by  publi'C  service  companies,  and  m  ly 
employ  special  agents  or  examiners,  who  shall  have 
power  to  administer  oaths  and  authority,  under  the  orcer 
of  the  commission,  to  examine  witnesses  and  to  inspi  ct 
and  examine  any  and  all  accounts,  records  and  memo- 
randa kept  by  such  companies.  The  commission  may, 
in  its  discretion,  prescribe  the  forms  of  any  and  all  re- 
ports, accounts,  records  and  memoranda  to  be  furnished 
and  kept  by  any  public  service  company  whose  line  or 
lines  extend  beyond  the  limits  of  this  State,  which  i  re 
operated  partly  within  and  partly  without  the  State,  so 
that  the  same  shall  show  any  information  required  by 
the  commission  concerning  the  traffic  movement,  recei:)ts 
and  expenditures  appertaining  to  those  parts  of  the  line' 
within  the  State. 

Production  of  books  and  records.  §  79.  In  case  any  pub- 
lic service  company  shall  refuse  to  exhibit  at  its  prin- 
cipal office  in  the  United  States  any  book,  record  or 
document  to  the  commission  or  to  any  member  thereof, 
or  to  any  agent  or  employe  thereof  properly  authorized, 
or  to  furnish  a  sworn  copy  of  such  book,  record  or  docu- 
ment on  demand,  the  commission  may  require  from  any 


:^i 


Public  Service  Laws 


1399 


such  company  the  production  within  the  State,  at  such 
time  and  place  as  it  may  designate,  of  any  boolis,  rec- 
ords or  documents  liept  by  such  company  without  the 
State. 

Procedure.  The  commission  may  require  from  any  pub- 
lic service  company  the  production  of  any  books,  records 
or  documents  kept  by  such  company  in  any  office  or 
place  without  the  State  of  Washington.  Such  demand 
shall  be  served  upon  the  public  service  company  in  the 
manner  provided  for  the  service  of  orders  herein.  Such 
public  service  company  shall  have  the  right  to  appear 
before  the  commission  and  show  cause,  if  any  there  be, 
why  such  order  should  not  be  complied  with  and  such 
order  shall  be  made  after  such  hearing  as  the  commis- 
sion may   deem   proper. 

Complaints.  §  80.  Complaint  may  be  made  by  the  com- 
mission of  its  own  motion  or  by  any  person  or  corpora- 
tion, chamber  of  commerce,  board  of  trade  or  any  com- 
mercial, mercantile,  agricultural  or  manufacturing  so- 
ciety, or  any  body  politic  or  municipal  corporation,  by 
petition  or  complaint  in  writing,  setting  forth  any  act 
or  thing  done  or  omitted  to  be  done  by  any  public  service 
corporation  in  violation,  or  claimed  to  be  in  violation, 
of  any  provision  of  law  or  of  any  order  or  rule  of  the 
commission;  provided,  that  no  complaint  shall  be  enter- 
tained by  the  commission  except  upon  its  own  motion, 
as  to  the  reasonableness  of  the  schedule  of  the  rates  or 
charges  of  any  gas  company,  electrical  company,  water 
company  or  telephone  company,  unless  the  same  be 
signed  by  the  mayor,  council  or  commission  of  the  city 
or  town  In  which  the  company  complained  of  Is  en- 
gaged in  business,  or  not  less  than  twenty-five  con- 
sumers or  purchasers  of  such  gas,  electricity,  water  or 
telephone  service.  All  matters  upon  which  complaint 
may  be  founded  may  be  joined  in  one  hearing,  and  no 
motion  shall  be  entertained  against  a  complaint  for  mis- 
joinder of  complaints  or  grievances  or  misjoinder  of 
parties;  and  in  any  review  of  the  courts  of  orders  of  the 
commission  the  same  rule  shall  apply  and  pertain  with 
regard  to  the  joinder  of  complaints  and  parties  as  herein 
provided;  provided,  all  grievances  to  be  inquired  into 
shall  be  plain  y  set  forth  in  the  complaint.  No  com- 
plaint shall  be  dismissed  because  of  the  absence  of 
direct  damage  to  the  complainant. 

Procedure.  Upon  the  filing  of  a  complaint,  the  commis- 
sion shall  cause  a  copy  thereof  to  be  served  upon  the 
person  or  corporation  complained  of,  which  shall  be  ac- 
companied by  a  notice  fixing  the  time  when  and  place 
where  a  hearing  will  be  had  upon  such  complaint.  The 
time  fixed  for  such  hearing  shall  not  be  less  than  10 
days  after  the  date  of  the  service  of  such  notice  and 
complaint,  excepting  as  herein  provided.  Rules  of  prac- 
tice and  procedure  not  otherwise  provided  for  in  this 
Act  may  be  prescribed   by  the  commission. 

Hearings,  orders  and  record.  §  81.  At  the  time  fixed 
for  the  hearing  mentioned  in  the  preceding  section,  the 
complainant  and  the  person  or  corporation  complained  of 
shall  be  entitled  to  be  heard  and  introduce  such  evi- 
dence as  he  or  it  may  desire.  The  commission  shall 
issue  process  to  enforce  the  attendance  of  all  necessary 
witnesses.  At  the  conclusion  of  such  hearing  the  com- 
mission shall  make  and  render  findings  concerning  the 
subject-matter  and  facts  Inquired  into  and  enter  its 
order  based  thereon.  A  copy  of  such  order,  certified 
under  the  seal  of  the  commission,  shall  be  served  upon 
the  person  or  corporation  complained  of,  or  his  or  its 
attorney,  which  order  shall,  of  its  own  force,  take  effect 
and  become  operative  20  days  after  the  service  thereof, 
except  as  otherwise  provided.  Where  an  order  cannot. 
In  the  judgment  of  the  commission,  be  complied  with 
within  20  days,  the  commission  may  prescribe  such  addi- 
tional time  as  in  its  judgment  is  reasonably  necessary 
to  comply  with  the  order,  and  may,  on  application  and 
for  good  cause  shown,  extend  the  time  for  compliance 
fixed  in  its  order.  A  full  and  complete  record  of  all 
proceedings  had  before  the  commifsion,  or  any  member 
thereof,  on  any  formal  hearing  had,  and  all  testimony 
shall  he  taken  down  by  a  stenographer  appointed  by  the 
commission,  and  the  parties  shall  be  entitled  to  be  heard 
in  person  or  by  attorney.  In  case  of  an  action  to  re-  ^ 
view  any  order  of  the  commission,  a  transcript  of  such 
testimony,   together    with   all   exhibits   introduced,   and   of 


the  record  and  proceedings  in  the  cause,  shall  constitute 
the  record  of  the  commission. 

Increase  in  rates — Suspension.  §  82.  Whenever  any 
public  service  company  shall  file  with  the  commission 
any  schedule,  classification,  rule  or  regulation,  the  effect 
of  which  is  to  increase  any  rate,  fare,  charge,  rental  or 
toll  theretofore  charged,  the  commission  shall  have 
power,  either  upon  its  own  motion  or  upon  complaint, 
upon  notice,  to  enter  upon  a  hearing  concerning  such 
proposed  increase  and  the  reasonableness  and  justness 
thereof,  and,  pending  such  hearing  and  the  decision 
thereon,  the  commission  may  suspend  the  operation  of 
such  rate,  fare,  charge,  rental  or  toll  for  a  period  of  90 
days  from  the  time  the  same  would  otherwise  go  into 
effect,  and  after  a  full  hearing  the  commission  may  make 
such  order  in  reference  thereto  as  would  be  provided  in 
a  hearing  Initiated  after  the  same  had  become  effective; 
provided,  that  if  any  such  hearing  cannot  be  concluded 
within  the  period  of  suspension,  as  above  stated,  the 
commission  may,  in  its  discretion,  extend  the  time  of 
suspension  for  a  further  period  not  exceeding  60  days. 
If  the  commission  shall  at  the  conclusion  of  the  hearing 
refuse  to  permit  such  increase,  either  in  whole  or  in 
part,  no  supersedeas  shall  be  granted  in  any  action  or 
proceeding  brought  to  review  the  order  of  the  commis- 
sion pending  the  final  determination  of  such  action  by 
the  Superior  Court,  or  it  appealed  to  the  Supreme  Court 
by  such   Supreme   Court. 

Orders  requiring  joint  action.  §  83.  Whenever  any  or- 
der of  the  commission  shall  require  joint  action  by  two 
or  more  public  service  companies,  such  order  shall  spec- 
ify that  the  same  shall  be  made  at  their  joint  cost, 
and  the  companies  affected  shall  have  30  days,  or  such 
further  time  as  the  commission  may  prescribe,  within 
which  to  agree  upon  the  part  or  division  of  cost  which 
each  shall  bear,  and  costs  of  operation  and  maintenance 
in  the  future,  or  the  proportion  of  charges  or  revenue 
each  shall  receive  from  such  joint  service  and  the  rules 
to  govern  future  operations.  If,  at  the  expiration  of 
such  time,  such  companies  shall  fail  to  file  with  the 
commission  a  statement  that  an  agreement  has  been 
made  for  the  division  or  apportionment  of  such  cost, 
the  division  of  costs  of  operation  and  maintenance  to 
be  Incurred  in  the  future  and  the  proportion  of  charges 
or  revenue  each  shall  receive  from  such  joint  service 
and  the  rules  to  govern  future  operations,  the  commis- 
sion shall  have  authority,  after  further  hearing,  to  enter 
a  supplemental  order  fixing  the  proportion  of  such  cost 
or  expense  to  be  borne  by  each  company,  and  the  manner 
in   which  the  same  shall   be   paid  and   secured. 

Remunerative  charges  cannot  5e  changed.  §  84.  When- 
ever the  commission  shall  find,  after  hearing  had  upon 
its  own  motion  or  upon  complaint,  as  herein  provided, 
that  any  rate,  toll,  rental  or  charge  which  has  been  the 
subject  of  complaint  and  inquiry  is  sufficiently  remu- 
nerative to  the  public  service  company  affected  thereby, 
it  may  order  that  such  rate,  toll,  rental  or  charge  shall 
not  be  changed,  altered,  abrogated  or  discontinued,  nor 
shall  there  be  any  change  in  the  classification  which  will 
change  or  alter  such  rate,  toll,  rental  or  charge  without 
first  obtaining  the  consent  of  the  commission  authorizing 
such    change   to   be   made. 

Rules  and  regulations — Demurrage  and  reciprocal  d'- 
murrage.  §  85.  The  commission  is  hereby  authorized  and 
empowered  to  adopt,  promulgate  and  issue  rules  and  regu- 
lations covering  the  bulletining  of  trains,  showing  the  time 
of  arrival  and  departure  "of  all  trains,  and  the  probable 
arrival  and  departure  of  delayed  trains;  the  conditions  to 
be  contained  in  and  become  a  part  of  contracts  for  trans- 
portation of  persons  and  property,  transmission  and  de- 
livery of  messages  and  conversations,  and  the  furnishing 
and  supply  of  gas,  electricity  and  water,  and  any  and  all 
services  concerning  the  same,  or  connected  therewith;  the 
time  that  station  rooms  and  offices  shall  be  kept  open; 
rules  governing  demurrage  and  reciprocal  demurrage,  and 
to  provide  reasonable  penalties  to  expedite  the  prompt 
movement  of  freight  and  release  of  cars,  the  limits  of  ex- 
press deliveries  in  cities  and  towns,  and  generally  such 
rules  as  pertain  to  the  comfort  and  convenience  of  the 
public  concerning  the  subjects  treated  of  in  this  Act.  Such 
rules  and  regulations  shall  be  promulgated  and  issued  by 
the  commission  on  its  own  motion  and  shall  be  served  on 


1400 


National  Association  of  Eailway  Commissioners 


the  public  service  company  affected  thereby  as  other  orders 
of  the  commission  are  served.  Any  public  service  com- 
pany affected  thereby,  and  deeming  such  rules  and  regula- 
tions, or  any  of  them,  improper,  unjust,  unreasonable,  or 
contrary  to  law,  may  within  20  days  from  the  date  of 
service  of  such  order  upon  it  file  objections  thereto  with 
the  commission,  specifying  the  particular  grounds  of  such 
objections.  The  commission  shall,  upon  receipt  of  such 
objections,  fix  a  time  and  place  for  hearing  the  same,  and 
after  a  full  hearing  may  make  such  changes  or  modifica- 
tions thereto,  if  any,  as  the  evidence  may  justify.  The 
commission  shall  have,  and  it  is  hereby  given,  power  to 
adopt  rules  to  govern  its  proceedings  and  to  regulate  the 
mode  and  manner  of  all  investigations  and  hearings;  pro- 
vided, no  person  desiring  to  be  present  at  such  hearing 
shall  be  denied  permission.  Actions  may  be  instituted  to 
review  rules  and  regulations  promulgated  under  this  sec- 
tion, as  in  the  case  of  orders  of  the  commission. 

Review.  §  86.  Any  complainant  or  any  public  service 
company  affected  by  any  order  of  the  commission,  and 
deeming  it  to  be  contrary  to  law,  may,  within  30  days 
after  the  service  of  the  order  upon  him  or  it,  apply  to 
the  Superior  Court  of  the  county  in  which  such  proceed- 
ing was  instituted  for  a  writ  of  review,  for  the  purpose  of 
having  its  reasonableness  and  lawfulness  inquired  into 
and  determined.  Such  writ  shall  be  made  returnable  not 
later  than  30  days  from  and  after  the  date  of  the  issuance 
thereof,  unless  upon  notice  to  all  parties  affected  a  further 
time  be  fixed  by  the  court,  and  shall  direct  the  commis- 
sion to  certify  its  record  in  the  case  to  the  court.  On  such 
return  day  the  cause  shall  be  heard  by  the  court,  unless 
for  good  cause  shown  the  same  be  continued.  Said  cause 
shall  be  heard  by  the  court  without  the  intervention  of 
a  jury  on  the  evidence  and  exhibits  introduced  before  the 
commission  and  certified  to  by  it.  Upon  such  hearing  the 
Superior  Court  shall  enter  judgment  either  affirming  or 
setting  aside  the  order  of  the  commission  under  review. 
In  case  said  order  is  reversed  by  reason  of  the  commission 
failing  to  receive  testimony  properly  proffered,  the  court 
shall  remand  the  cause  to  the  commission,  with  instruc- 
tions to  receive  the  testimony  so  proffered  and  rejected 
and  enter  a  new  order,  based  upon  the  evidence  thereto- 
fore taken,  and  such  as  it  is  directed  to  receive.  The 
court  may,  in  its  discretion,  remand  any  cause  which  is 
reversed  by  it  to  the  commission  for  further  action. 

Supersedeas.  §  87.  The  pendency  of  any  writ  of  review 
shall  not  of  itself  stay  or  suspend  the  operation  of  the 
order  of  the  commission,  but  the  Superior  Court  in  its 
discretion  may  restrain  or  suspend;  in  whole  or  in  part,  the 
operation  of  the  commission's  order  pending  the  final  hear- 
ing and  determination  of  the  suit. 

Three  days'  notice  necessary.  No  order  so  restraining  or 
suspending  an  order  of  the  commission  relating  to  rates, 
fares,  charges,  tolls  or  rentals,  or  rules  or  regulations, 
practices,  classifications  or  contracts  affecting  the  same, 
shall  be  made  by  the  Superior  Court  otherwise  than  upon 
three  days'  notice  and  after  hearing,  and  if  a  supersedeas 
is  granted  the  order  granting  the  same  shall  contain  a 
specific  finding,  based  upon  evidence  submitted  to  the 
court  making  the  order,  and  identified  by  reference  thereto, 
that  great  or  irreparable  damage  would  otherwise  result 
to  the  petitioner,  and  specifying  the  nature  of  the  dam- 
age; provided,  however,  that  when  any  rate  has  been  in 
force  for  any  length  of  time  exceeding  one  year,  and  such 
rate  Is  advanced  by  the  public  service  company,  and  the 
order  of  the  commission  reinstates  such  prior  rate,  in 
whole  or  in  part,  no  supersedeas  shall  be  allowed  in  any 
case  from  such  order  pending  the  final  determination  of  the 
cause  in  the  Superior  Court,  or  If  appealed  to  the  Supreme 
Court  by  such  Supreme  Court. 

Supersedeas  bond.  In  case  the  order  of  the  commission 
under  review  is  superseded  by  the  court,  It  shall  require 
a  bond,  with  good  and  sufficient  surety,  conditioned  that 
such  company  petitioning  for  such  review  shall  answer  for 
all  damages  caused  by  the  delay  in  the  enforcement  of 
the  order  of  the  commission,  and  all  compensation  for 
whatever  sums  for  transportation,  transmission  or  service 
any  person  or  corporation  shall  be  compelled  to  pay 
pending  the  review  proceedings  in  excess  of  the  sum  such 
person  or  corporation  would  have  been  compelled  to  pay 
If  the  order  of  the  commission  had   not  been  suspended. 

Other  security.  The  court  may,  in  addition  to  or  in  lieu 
of  the  bond  herein   provided  for,   require  such  other  or 


iript    , 

ikec^ 
cost 


further  security  for  the  payment  of  such  excess  chargei 
or  damages  as  it  may  deem  proper. 

Appeal  to  the  Supreme  Court.  S  88.  The  commission, 
any  public  service  company  or  any.  complainant  may,  with- 
in 20  days  after  the  entry  of  ju'Sgment  in  the  Superior  Court 
in  any  action  of  review,  prosecute  an  appeal  to  the  Su- 
preme Court  of  the  State  of  Washington.  The  appellant 
shall  have  50  days  after  the  entry  of  such  judgment  In 
which  to  serve  and  file  his  opening  brief,  and  the  respond- 
ent shall  have  30  days  after  the  service  of  such  opening 
brief  in  which  to  answer  the  same.  The  appellant  shall 
have  20  days  after  the  service  of  respondent's  brief  in 
which  to  reply  to  the  same.  After  the  filing  of  such  brief, 
or  the  expiration  of  the  time  for  filing  briefs,  the  cause 
shall  be  assigned  for  hearing  at  the  earliest  motion  day 
of  the  court,  or  at  such  other  time  as  the  court  shall 
fix,  and  the  clerk  of  the  court  shall  notify  the  attorneys 
for  the  respective  parties  of  the  date  set  for  the  hear- 
ing in  time  to  permit  the  parties  to  participate  in  the  hear- 
ing. Such  appeal  shall  be  taken  by  giving  a  notice  of 
appeal  in  open  court  at  the  time  of  the  rendition  of  judg- 
ment, or  by  the  service  and  filing  of  a  notice  of  appeal 
within  20  days  from  and  after  the  entry  of  the  judgment. 

Record.    The  original  transcript  of  the  record  and  testi 
mony  filed  in  ihe  Superior  Court  in  any  action  to  review 
an   order  of   the   commission,   together   with   a  transcript 
of  the  proceedings  in  the  Superior  Court,  shall  constlti 
the  record  on  appeal  to  the  Supreme  Court. 

Cost  bond  filed.    No  appeal  shall  be  effective,  when  taken 
by  a  public  service  company  or  a  complainant,  unless  a  cost 
bond  on  appeal  In  the  sum  of  $200  shall  be  filed  witi 
five  days  after  the  service  of  the  notice  of  appeal, 
five  days  after  the  service  of  the  notice  of  appeal. 

General  law  to  apply.  The  Superior  Court  may,  in  its 
discretion,  suspend  its  judgment  pending  the  hearing  in 
the  Supreme  Court,  upon  the  filing  of  a  bond,  with  good 
and  sufficient  surety,  conditioned  as  provided  for  bonds 
upon  actions  for  review,  or  upon  such  other  or  further 
terms  and  conditions  as  it  may  deem  proper.  The  gen- 
eral laws  relating  to  appeals  to  the  Supreme  Court  shall, 
so  far  as  applicable  and  not  in  confiict  with  the  provisions 
of  this  Act,  apply  to  appeals  taken  under  the  provisions 
of  this  Act. 

Rehearings.  §  89.  Any  public  service  company  affected 
by  any  order  of  the  commission,  and  deeming  itself  ag- 
grieved, may,  after  the  expiration  of  two  years  from  the 
date  of  such  order  taking  effect,  petition  the  commission 
for  a  rehearing  upon  the  matters  involved  in  such  order, 
setting  forth  in  such  petition  the  grounds  and  reasons  for 
such  rehearing,  which  grounds  and  reasons  may  comprise 
and  consist  of  changed  conditions  since  the  issuance  of 
such  order,  or  by  showing  a  result  injuriously  affecting  the 
petitioner  which  was  not  considered  or  anticipated  at  the 
former  hearing,  or  that  the  effect  of  such  order  has  been 
such  as  was  not  contemplated  by  the  commission  or  the 
petitioner,  or  for  any  good  and  sufficient  cause  which  for 
any  reason  was  not  considered  and  determined  in  such 
former  hearing.  Upon  the  filing  of  such  petition,  such  pro- 
ceedings shall  be  had  thereon  as  are  provided  for  hearings 
upon  complaint,  and  such  orders  may  be  reviewed  as  are 
other  orders  of  the  commission;  provided,  that  no  order 
superseding  the  order  of  the  commission  denying  such  re- 
hearing shall  be  granted  by  the  court  pending  the  review. 
In  case  any  order  of  the  commission  shall  not  be  reviewed, 
but  shall  be  complied  with  by  the  public  service  company, 
such  petition  for  rehearing  may  be  filed  within  six  months 
from  and  after  the  date  of  the  taking  effect  of  such  order, 
and  the  proceedings  thereon  shall  be  as  in  this  section 
provided.  The  commission  may.  in  its  discretion,  permit 
the  filing  of  a  petition  for  rehearing  at  any  time.  No  order 
of  the  commission  upon  a  rehearing  shall  affect  any  right  of 
action  or  penalty  accruing  under  the  original  order  unlei 
so  ordered  by  the  commission. 

Commission  may  change  orders.  §  90.  The  commissi 
may  at  any  time,  upon  notice  to  the  public  service  com- 
pany affected,  and  after  opportunity  to  be  heard  as  pro- 
vided in  the  case  of  complaints  rescind,  alter  or  amend 
any  order  or  rule  made,  issued  or  promulgated  by  it,  and 
any  order  or  rule  rescinding,  altering  or  amending  any 
prior  order  or  rule  shall,  when  served  upon  the  public 
service  company  .affected,  have' the  same  effect  as  herein 
provided  for  original  orders  and  rules. 


oi 


Public  Service  Laws 


1401 


Overcharge.  §  91.  When  complaint  has  been  made  to 
the  commission  concerning  the  reasonableness  of  any 
rate,  fare,  toll,  rental  or  charge  tor  any  service  performed 
by  any  public  service  company,  and  the  same  has  been 
investigated  by  the  commission,  and  the  commission  shall 
determine  that  the  public  service  company  has  charged 
an  excessive  or  exorbitant  amount  for  such  service,  the 
commission  may  order  that  the  public  service  company 
pay  to  the  complainant  the  amount  of  the  overcharge  so 
found,  with  interest  from  the  date  of  'collection. 

Suit  instituted.  If  the  public  service  company  does  not 
comply  with  the  order  for  the  payment  of  the  over- 
charge within  the  time  limited  in  such  order,  suit  may 
be  instituted  in  any  court  of  competent  jurisdiction  to 
recover  the  same,  and  in  such  suit  the  findings  and 
order  of  the  commission  shall  be  prima  facie  evidence 
of  the  facts  therein  stated.  If  the  complainant  shall 
prevail  in  such  action,  he  shall  be  allowed  a  reasonable 
attorney's  fee,  to  be  fixed  and  collected  as  part  of  the 
costs  of  the  suit.  All  complaints  concerning  overcharges 
shall  be  filed  with  the  commission  within  two  years  from 
the  time  the  cause  of  action  accrues,  and  the  petition 
for  the  enforcement  of  the  order  shall  be  filed  in  the 
court  within  one  year  from  the  date  of  the  order  of  the 
commission. 

Valuation  of  ■property — Procedure.  §  92.  The  commis- 
sion shall  ascertain,  as  early  as  practicable,  the  cost  of 
construction  and  equipment,  the  amount  expended  in  per- 
manent improvements,  and  the  proportionate  amount  of 
such  permanent  improvements  charged  in  construction 
and  to  operating  expenses  respectively,  the  present  as 
compared  with  the  original  cost  of  construction,  and  the 
cost  of  reproducing  in  its  present  condition  the  property 
of  every  public  service  company. 

Market  value.  It  shall  also  ascertain  the  amount  and 
present  market  value  of  the  capital  stock  and  funded  in- 
debtedness of  every  public  service  company. 

It  shall  also  ascertain,  in  the  case  of  companies  en- 
gaged in  interstate  business,  the  relative  value  of  the 
use  to  which  such  property  in  this  state  is  actually  put  in 
the  conduct  of  interstate  business  and  state  business  re- 
spectively. 

It  shall  also  ascertain  the  total  market  value  of  the 
property  of  each  public  service  company  operating  in  this 
state,  used  for  the  public  convenience  within  the  state. 

It  shall  also  ascertain  the  time  intervening  between 
the  expenditure  of  money  in  the  cost  of  construction  and 
the  time  when  returns  in  the  shape  of  dividends  were 
first   received   by  each   of  these   companies. 

Earning  capacity.  It  shall  also  ascertain  the  probable 
earning  capacity  of  each  public  service  company  under 
the  rates  now  charged  by  such  companies  and  the  sum 
required  to  meet  fixed  charges  and  operating  expenses, 
and  in  case  of  a  company  doing  interstate  business  it 
shall  also  ascertain  the  probable  earning  capacity  of  such 
company  upon  intrastate  business  and  the  sum  required 
to  meet  fixed  charges  and  operating  expenses  on  intra- 
state business,  and  the  relative  proportion  of  intrastate 
and  interstate  business,  the  relative  proportion  of  the 
operating  expenses  connected  therewith,  the  relative  pro- 
portion of  the  revenue  which  should  be  derived  there- 
from. 

Density  of  traffic.  It  shall  also  ascertain  the  density  of 
traffic  and  of  population  tributary  to  every  public  service 
company,  and  the  conditions  which  will  tend  to  show 
whether  such  traffic  and  population  is  likely  to  continue. 
Increase   ot  diminish. 

Grades.  It  shall  also  ascertain  the  existence  of  grades, 
curvatures  and  other  physical  conditions  affecting  the 
movement  of  traffic  and  business  of  common  carriers. 

Expense  justified.  It  shall  also  ascertain  whether  the 
expenditures  already  made  by  any  public  service  com- 
pany in  procuring  its  property  were  such  as  were  justi- 
fied by  the  then  existing  conditions,  and  such  as  might 
reasonably  be  expected  in  the  immediate  future,  and 
whether  the  money  expended  by  such  company  has 
been  reasonable  for  the  present  needs  of  the  company, 
and  for  such  needs  as  may  reasonably  be  expected  in  the 
immediate    future. 

Hearings.  The  commission  is  hereby  authorized  to 
cause  a  hearing  or  hearings  to  be  held  at  such  time  or 
times  and  place  or  places  as  the  commission  may  desig- 


nate for  the  purpose  of  ascertaining  the  matters  and 
things  provided  for  in  this  section. 

To  notify  company.  The  commission  shall,  before  any 
hearing  is  had,  notify  the  company  concerned  of  the  time 
and  place  of  such  hearing,  by  giving  at  least  30  days' 
written  notice  thereof,  specifying  that  at  the  time  and 
place  designated  a  hearing  will  be  held  tor  the  purpose 
of  ascertaining  the  value  of  such  company's  property 
v^ithin  the  State,  which  shaii  be  a  sufficient  complaint  to 
authorize  the  commission  to  inquire  into  the  matters 
designated   in  this   section.  n 

Evidence  reduced  to  icriting.  All  companies  affected 
shall  be  entitled  to  be  heard  and  introduce  evidence  at 
such  hearing.  The  evidence  introduced  at  such  hearing 
shall  be  reduced  to  writing  and  certified  under  the  seal 
of  the  commission. 

Findings.  The  commission  shall  make  and  render  find- 
ings of  fact  in  writing  covering  all  matters  in  this  sec- 
tion mentioned  concerning  which  it  is  directed  to  inquire 
into,  and  shall  make  findings  upon  all  matters  concerning 
which  evidence  may  have  been  introduced  before  it  shall 
tend  to  show  the  value  of  the  property  used  by  =uch 
company  for  the  public  convenience. 

Findings  may  be  reviewed.  Any  company  affected  by 
the  findings,  or  any  of  them,  believing  such  findings,  or 
any  of  them,  to  be  contrary  to  law  Or  the  evidence  in- 
troduced, or  that  such  findings  are  unfair,  unwarranted 
or  unjust,  may  institute  proceedings  in  the  Superior 
Court  of  the  State  of  Washington  in  the  county  in  which 
said  hearing  has  been  held,  or  if  held  in  more  than  one 
county,  then  in  the  county  in  which  said  hearing  was 
commenced,  and  have  such  findings  reviewed,  and  their 
correctness,  reasonableness  and  lawfulness  inquired  into 
and  determined.  Such  review  shall  be  heard  by  the 
court  without  the  intervention  of  a  jury  and  shall  be 
heard  upon  the  evidence  and  exhibits  taken  before  the 
commission  and  certified  to  by  it;  and  the  court  before 
w-hich  such  hearing  is  had,  in  case  it  finds  any  such  find- 
ings so  sought  to  be  reviewed  unjust,  incorrect,  unrea- 
sonable, unlawful  or  not  supported  by  the  evidence,  shall 
make  new  and  correct  findings  to  take  the  place  of  such 
as  may  not  be  sustained,  unless  such  findings  are  set 
aside  and  reversed  for  error  on  the  part  of  the  commis- 
sion in  rejecting  evidence  properly  proffered,  in  which 
case  it  shall  remand  said  hearing  to  the  commission 
with  instructions  to  receive  the  evidence  so  proffered 
and  rejected  and  make  findings  of  tact  on  the  evidence 
so  proffered  and  that  already  received. 

Right  of  appeal.  Said  public  service  company  or  the 
commission  shall  have  the  right  to  appeal  from  the  de- 
cision of  the  Superior  Court  to  the  Supreme  Court  of 
the  State  of  Washington  as  in  civil  cases.  In  case  the 
Supreme  Court  finds  any  findings  so  sought  to  be  re- 
viewed unjust,  incorrect,  unlawful  or  unreasonable,  or  not 
supported  by  the  evidence,  it  shall  either  make  and  ren- 
der proper  findings  or  remand  the  case  to  the  Superior 
Court  with  instructions  to  make  proper  findings  on  the 
evidence  already  submitted,  unless  the  same  is  reversed 
for  error  in  rejecting  evidence  properly  proffered,  in 
which  case  the  hearing  shall  be  remanded  to  the  commis- 
sion with  instructions  to  receive  the  evidence  so  proffered 
and  make  findings  on  the  evidence  so  proffered  and  re- 
jected and  that  already  received. 

Findings,  evidence  tvhen.  The  findings  of  the  commis- 
sion so  filed,  or  as  the  same  may  be  corrected  by  the 
courts,  when  properly  certified  under  the  seal  of  the 
commission  shall  be  admissible  in  evidence  in  any  action, 
proceeding  or  hearing  in  which  the  State  or  any  officer, 
department  or  institution  thereof,  or  any  county,  mu- 
nicipality or  other  body  politic  and  the  public  service 
company  affected  is  interested,  whether  arising  under 
the  provisions  of  this  Act  or  otherwise,  and  such  findings 
when  so  introduced  shall  be  conclusive  evidence  of  the 
facts  stated  in  such  findings  as  of  the  date  therein  stated 
under  conditions  then  existing,  and  such  facts  can  only 
be  controverted  by  showing  a  subsequent  change  in  con- 
ditions bearing  upon  the  facts  therein  determined. 

Relating  to  value.  When  the  commission  shall  have  val- 
ued the  property  of  any  public  service  company,  as  pro- 
vided for  in  this  section,  nothing  less  than  the  market 
value  so  found  by  the  commission  shall  be  taken  as  the 
true  value  of  the  property  of  such  company  used  for  the 


1408 


National  Association  of  Railway  Commissioners 


public   convenience    for   the    purposes   of   assessment   and 
taxation. 

Relating  to  improvements  and  betterments.  The  com- 
mission shall  hereafter,  from  time  to  time,  cause  further 
hearings  to  be  had  for  the  purpose  of  ascertaining  the 
betterments,  improvements,  additions  and  extensions  made 
by  any  public  service  company  to  its  property  subse- 
quent to  the  date  of  any  prior  hearing,  and  shall  ex- 
amine into  all  traffic  movement  and  every  matter  and 
thing  that  would  change,  modify  or  affect  any  finding 
of  fact  previously  made,  and  shall  at  such  time  make 
findings  of  fact  supplemental  to  those  heretofore  made, 
showing  the  amount  expended  in  betterments,  improve- 
ments, extensions  and  additions  since  such  prior  findings 
and  the  cost  of  reproducing  the  same,  the  value  of  the 
property  used  by  such  company  at  the  time  of  such 
subsequent  hearing,  the  relative  value  of  the  use  to 
which  such  property  is  put  in  the  performance  of  intra- 
state and  interstate  business,  respectively,  and  the  value 
of  the  property  of  such  company  in  the  State  used  for 
the  public  convenience  of  intrastate  business.  Such  hear- 
ing shall  be  had  upon  the  same  notice,  the  examination 
conducted  in  the  same  manner,  and  the  findings  so 
made  shall  have  the  same  force  and  effect  as  is  pro- 
vided herein  for  such  original  notice,  hearing  and  find- 
ings; provided,  that  such  findings  made  at  such  sup- 
plemental hearing  shall  be  considered  in  connection  with 
and  as  a  part  of  the  original  findings  except  in  so  tar 
as  such  supplemental  findings  shall  change  or  modify 
the   findings  made  at  the  original  hearing. 

Summary  proceedings.  §  93.  Whenever  the  commission 
shall  be  of  opinion  that  any  public  service  company  is 
failing  or  omitting,  or  about  to  fail  or  omit,  to  do  any- 
thing required  of  it  by  law,  or  by  order,  direction  or 
requirement  of  the  commission,  or  is  doing  anything,  or 
about  to  do  anything,  or  permitting  anything,  or  about 
to  permit  anything  to  be  done  contrary  to  or  In  viola- 
tion of  law  or  of  any  order,  direction  or  requirememt 
of  the  commission  authorized  by  this  Act,  it  shall  direct 
the  attorney-general  to  commence  an  action  or  proceed- 
ing .in  the  Superior  Court  of  the  State  of  Washington 
for  Thurston  County,  or  in  the  Superior  Court  of  any 
county  in  which  such  company  may  do  business  in  the 
name  of  Washington  on  the  relation  of  the  commission, 
for  the  purpose  of  having  such  violations  or  threatened 
violations  stopped  and  prevented,  either  by  mandamus  or 
injunction.  The  attorney-general  shall  thereupon  begin  such 
action  or  proceeding  by  petition  to  such  Superior  Court, 
alleging  the  violation  complained  of,  and  praying  for  ap- 
propriate relief  by  way  of  mandamus  or  injunction.  It 
shall  thereupon  be  tne  duty  of  the  court  to  specify  a  time, 
not  exceeding  20  days  after  the  service  of  the  copy  of  the 
petition,  within  which  the  public  service  company  com- 
plained  of  must  answer  the   petition. 

Default.  In  case  of  default  in  answer  or  after  answer, 
the  court  shall  immediately  inquire  into  the  facts  and 
circumstances  In  such  manner  as  the  court  shall  direct, 
without  other  or  formal  pleadings,  and  without  respect 
to  any  technical  requirement.  Such  persons  or  corpora- 
tions as  the  court  may  deem  necessary  or  proper  to  be 
joined  as  parties,  in  order  to  make  its  judgment,  order 
or  writ  effective,  may  be  joined  as  parties.  The  final 
judgment  in  any  such  action  or  proceeding  shall  either 
dismiss  the  action  or  proceeding  or  direct  that  the  writ 
of  mandamus  or  injunction,  or  both,  issue  as  prayed 
for  in  the  petition,  or  in  such  other  modified  form  as 
the   court   may    determine    will   afford    appropriate   relief. 

Appeal.  An  appeal  may  be  taken  to  the  Supreme  Court 
from  such  final  judgment  in  the  same  manner  and  with 
the  same  effect  as  appeals  from  judgments  of  the  Su- 
perior Court  in  actions  to  review  orders  of  the  com- 
mission. AH  provisions  of  this  Act  relating  to  the  time 
of  appeal,  the  manner  of  perfecting  the  same,  the  filing 
of  briefs,  hearings  and  supersedeas,  shall  apply  to  ap- 
peals to  the  Supreme  Court  under  the  provisions  of  this 
section. 

Penalties  for  violations  of  Act  or  orders.  §  94.  Every 
public  service  company,  and  all  officers,  agents  and  em- 
ployes of  any  public  service  company,  shall  obey,  ob- 
serve and  comply  with  every  order,  rule,  direction  or 
requirement  made  by  the  commission  under  authority  of 
this   Act   so   long   as   the    same   shall    be    and    remain    in 


1 


force.  Any  public  service  company  which  shall  violate 
or  fail  to  comply  with  any  provision  of  this  Act,  or 
which  fails,  omits  or  neglects  to  obey,  observe  or  com- 
ply with  any  order,  rule,  or  any  direction,  demand  or 
requirement  of  the  commission,  shall  be  subject  to  a 
penalty  of  not  to  exceed  the  sum  of  $1,000  for  each 
and  every  offense.  Every  violation  of  any  such  order, 
direction  or  requirement  of  this  Act  shall  be  a  separate 
and  distinct  offense,  and  in  case  of  a  continuing  viola- 
tion every  day's  continuance  thereof  shall  be  and  be 
deemed  to  be  a  separate  and  distinct  offense. 

Officers  and  employes  subject  to  penalty.  §  95.  Every 
oflacer,  agent  or  employe  of  any  public  service  company, 
who  shall  violate  or  fall  to  comply  with,  or  who  pro- 
cures, aids  or  abets  any  violation  by  any  public  service 
company  of  any  provision  of  this  Act,  or  who  shall  fail 
to  obey,  observe  or  comply  with  any  order  of  the  com- 
mission, or  any  provision  of  any  order  of  the  commis- 
sion, or  who  procures,  aids  or  abets  any  such  public 
service  company  in  its  failure  to  obey,  observe  and 
comply  with  any  such  order  or  provision,  shall  be  gu^ 
of  a  gross   misdemeanor. 

Corporations  violating  Act  or  orders — Penalty.  %\ 
Every  corporation,  other  than  a  public  service  com- 
pany, which  shall  violate  any  provision  of  this  Act,  or 
which  shall  fail  to  obey,  observe  or  comply  with  any 
order  of  the  commission  under  authority  of  this  Act,  so 
long  as  the  same  shall  be  and  remain  in  force,  sha  1 
be  subject  to  a  penalty  of  not  to  exceed  the  sum  cf 
$1,000  for  each  and  every  offense.  Every  such  violatio  i 
shall  be  a  separate  and  distinct  offense,  and  the  penalt/ 
shall  be  recovered  in  an  action  as  provided  in  §  98  c  f 
this  Act. 

Persons  violating  Act — Penalty.  §  97.  Every  person  who, 
either  individually,  or  acting  as  an  officer  or  agent  c  f  ' 
a  corporation  other  than  a  public  service  company,  sha  1 
violate  any  provision  of  this  Act,  or  fail  to  observ< , 
obey  or  comply  with  any  order  made  by  the  commissio  i 
under  this  Act,  so  long  as  the  same  shall  be  or  remai  i 
in  force,  or  who  shall  procure,  aid  or  abet  any  sue  i 
corporation  in  its  violation  of  this  Act,  or  in  its  failur  ■ 
to  obey,  observe  or  comply  with  any  such  order,  sh^( 
be  guilty  of  a  gross  misdemeanor. 

Suit  for  penalties.  §  98.  Actions  to  recover  penalf 
under  this  Act  shall  be  brought  in  the  name  of  the  Stat  - 
of  Washington  in  the  Superior  Court  of  Thurston  Countj , 
or  in  the  Superior  Court  of  any  county  in  or  throug  i 
which  such  public  service  company  may  do  business . 
In  all  such  actions  the  procedure  and  rules  of  evidenc  ; 
shall  be  the  same  as  in  ordinary  civil  actions,  excer: 
as  otherwise  herein  provided.  All  fines  and  penalties 
recovered  by  the  State  under  this  Act  shall  be  pail 
into  the   treasury  of  the  State. 

Orders  and  rules  conclusive,  i  99.  In  all  actions  betwef  i 
private  parties  and  public  service  companies  involvin ; 
any  rule  or  order  of  the  commission,  and  in  all  action  i 
for  the  recovery  of  penalties  provided  for  in  this  Ac  , 
or  for  the  enforcement  of  the  orders  or  rules  issue  1 
and  promulgated  by  the  commission,  the  said  orders 
rules  shall  be  conclusive  unless  set  aside  or  annulledi 
a  review  as  in  this  Act  provided. 

Findings  prima  facie  correct.  §  100.  Whenever  the  con  ■ 
mission  has  issued  or  promulgated  any  order  or  rule,  1  \ 
any  writ  of  review  brought  by  a  public  service  company  t  > 
determine  the  reasonableness  of  such  order  or  rule,  the  li:i(  - 
ings  of  fact  made  by  the  commission  shall  be  prima  facie 
correct,  and  the  burden  shall  be  upon  said  public  servico 
company  to  establish  the  order  or  rule  to  be  unreasonable 
or  unlawful. 

Commission  shall  enforce  laws.  §  101.  It  shall  be  tho 
duty  of  the  commission  to  enforce  the  provisions  of  this 
Act  and  all  other  Acts  of  this  State  affecting  public  ser"- 
ice  companies,  the  enforcement  of  which  is  not  specifically 
vested  in  some  other  officer  or  tribunal. 

Companies  liable  for  damages.  S  102.  In  case  any  pul)-  < 
lie  service  company  shall  do,  cause  to  be  done  or  permit  ■ 
to  be  done  any  act,  matter  or  thing  prohibited,  forbidden 
or  declared  to  be  unlawful,  or  shall  omit  to  do  any  act, 
matter  or  thing  required  to  be  done,  either  by  any  law  of 
this  State,  by  this  Act  or  by  any  order  or  rule  of  the  com- 
mission, such  public  service  company  shall  be  liable  to  the 


iiur  ^ 


sue  I 


Public  Service  Laws 


1403 


persons  or  corporations  affected  thereby  for  all  loss,  dam- 
age or  injury  caused  thereby  or  resulting  therefrom,  and 
In  case  of  recovery  if  the  court  shall  find  that  such  act  or 
omission  was  wilful,  it  may,  in  its  discretion,  fix  a  reason- 
able counsel  or  attorney's  fee,  which  shall  be  taxed  and 
collected  as  part  of  the  costs  in  the  case.  An  action  to 
recover  for  such  loss,  damage  or  injury  may  be  brought 
in  any  court  of  competent  jurisdiction  by  any  person  or 
corporation. 

Commission  to  furnish  copy  of  rates,  etc. — Fees.  S  103. 
Upon  application  of  any  person  the  commission  shall  fur- 
nish certified  copies  of  any  classification,  rate,  rule,  regu- 
lation or  order  established  by  such  commission,  and  the 
printed  copies  published  by  authority  of  the  commission, 
or  any  certified  copy  of  any  such  classification,  rate,  rule, 
regulation  or  order,  with  seal  affixed,  shall  be  admissible 
in  evidence  in  any  action  or  proceeding,  and  shall  be  suffi- 
cient to  establish  the  fact  that  the  charge,  rate,  rule,  order 
or  classification  therein  contained  is  the  official  act  of  the 
commission.  When  copies  of  any  classification,  rate,  rule, 
regulation  or  order  not  contained  in  the  printed  reports, 
or  copies  of  papers,'  accounts  or  records  of  public  service 
companies  filed  with  the  commission  shall  be  demanded 
from  the  commission  for  proper  use,  the  commission  shall 
charge  a  reasonable  compensation,  therefor.  An  action  to 
recover  for  sUch  loss,  damage  or  injury  may  be  brought 
in  any  court  of  competent  jurisdiction  by  any  such  person 
or  corporation. 

Effect  of  Act — Release  of  damages.  S  104.  This  Acr 
shall  not  have  the  effect  to  release  or  waive  any  right  of 
action  by  the  State  or  any  person  for  any  right,  penalty 
or  forfeiture  which  may  have  arisen  or  may  hereafter  arise 
under  any  law  of  this  State;  and  all  penalties  accruing 
under  this  Act  shall  be  cumulative  of  each  other,  and  a 
suit  for  the  recovery  of  one  penalty  shall  not  be  a  bar  to 
the  recovery  of  any  other;  provided,  that  no  contract,  re- 
ceipt, rule  or  regulation  shall  exempt  any  corporation  en- 
gaged in  transporting  live  stock  by  railway  from  liability 
of  a  common  carrier,  or  carrier  of  live  stock,  which  would 
exist  had  no  contract,  receipt,  rule  or  regulation  been 
made  or  entered  into. 

ARTICLE  VIII. 

CONSTRUCTION,    REPEAX    AND    SAVING    CLAUSE. 

Effect  Of  Act  upon  municipal  utilities.  §  105.  Nothing 
in  this  Act  shall  authorize  the  commission  to  make  or  en- 
force any  order  affecting  rates,  tolls,  rentals,  contracts  or 
charges  or  service  rendered,  or  the  safety,  adequacy  or 
suflBciency  of  the  facilities,  equipment,  instrumentalities 
or  buildings,  or  the. reasonableness  of  rules  or  regulations 
made,  furnished,  used,  supplied  or  in  force  affecting  any 
street  railroad,  telephone  line,  gas  plant,  electrical  plant 
or  water  system  owned  and  operated  by  any  city  or  town, 
but  all  other  provisions  enumerated  herein  shall  apply 
to  public  utilities  owned  by  any  city  or  town. 

Appropriation.  §  106.  For  the  purpose  of  carrying  out 
the  provisions  of  this  Act,  there  is  hereby  appropriated 
from  the  general  fund  the  sum  of  $118,146.68  or  so  much 
thereof  as  may  be  necessary. 

Said  appropriation  to  cover  the  following  expenditures, 
to-wit: 

Salaries  three  commissioners $23,471.78 

Salary  rate  expert  5,416.67 

Salary  inspector   5,416.67 

Salary  engineer 5,416.67 

Salary  secretary  3,611.11 

Salary  accountant 3,250.00 

Salary  official  reporter  3,250.00 

Salary  telephone  expert    4,513.88 

Total ?54,346.78 

Contingent  expenses  of  clerks,  assistant  inspect- 
ors, assistant  engineers  and  experts,  traveling 
expenses  of  commissioners  and  its  employes, 
expenses  of  hearings,  witness  fees,  and  other 

Incidental  expenses       $63,800.00 

Puilic  service  commission  to  act  as  railroad  commission. 
§  107.  Whenever  the  terms  "Railroad  Commission  of  Wash- 
ington," "Railroad  Commissioner,"  or  "Railroad  Commis- 
sion" occur  in  any  law,  contract  or  document,  or  whenever 
in  any  law,  contract  or  document  reference  is  made  to  such 
commission   or   commissioners,   such   terms   or   reference 


shall  be  deemed  to  refer  to  and  include  the  public  service 
commission  as  established  by  this  Act,  so  far  as  such  law, 
contract  or  document  pertains  to  matters  within  the  juris- 
diction of  the  said  public  service  commission. 

Constitutionality.  S  108.  If  any  section,  subdivision, 
sentence  or  clause  of  this  Act  is  for  any  reason  held  to  be 
unconstitutional,  such  decision  shall  not  affect  the  validity 
of  the  remaining  portion  of  this  Act. 

Repeal.  ^  109.  That  chapter  81  of  the  laws  of  1905, 
chapter  226  of  the  laws  of  1907,  chapter  142  of  the  laws  ol 
1907,  and  chapter  93  of  the  laws  of  1909,  be  and  the  same 
are  hereby  repealed. 

Transfer  of  records.  §  110.  The  railroad  commission 
of  Washington  shall  transfer  and  deliver  to  the  public 
service  commission  hereby  created  all  books,  maps,  papers 
and  records,  furniture,  equipment,  instruments  and  sup- 
plies in  its  possession  at  the  date  of  the  taking  effect  of 
this  Act. 

Pending  actions  and  proceedings.  S  111.  This  Act  shall 
not  affect  pending  actions  or  proceedings,  civil  or  criminal, 
brought  by  or  against  the  railroad  commission  of  Wash- 
ington, or  by  any  other  person  or  corporation,  under  the 
provision  of  chapter  81  of  the  laws  of  1905,  or  the  Acts 
amendatory  thereof  or  supplemental  thereto,  but  the  same 
may  be  prosecuted  or  defended  in  the  name  of  the  rail- 
road commission  of  Washington,  or  otherwise,  with  the 
same  effect  as  though  this  Act  had  not  been  passed.  Any 
investigation,  examination  or  proceeding  undertaken,  com- 
menced or  instituted  by  the  railroad  commission  of  Wash- 
ington prior  to  the  taking  effect  of  this  Act  may  be  con- 
ducted and  continued  to  a  final  determination  by  the  pub- 
lic service  commission  hereby  created,  in  the  same  man- 
ner, under  the  same  terms  and  conditions,  and  with  like 
effect  as  though  the  railroad  commission  of  Washington 
had  not  been  abolished. 

This  Act  shall  not  abate.  No  cause  of  action  arising  un- 
der the  provisions  of  chapter  81  of  the  laws  of  1905,  or  the 
Acts  amendatory  thereof  or  supplementary  thereto,  or  de- 
pendent thereon,  shall  abate  by  reason  of  the  passage  of 
this  Act,  whether  a  suit  or  action  has  been  instituted 
thereon  at  the  time  of  the  taking  effect  of  this- Act  or  not, 
but  actions  may  be  brought  upon  such  causes  in  the  same 
■  manner,  under  the  same  terms  and  conditions,  and  with 
the  same  effect  as  though  said  chapter  ( and  the  Acts 
amendatory  thereof  or  supplemental  thereto)  had  not  been 
repealed. 

Former  orders  upheld.  All  findings,  orders  and  rules 
made,  issued  or  promulgated  by  the  railroad  commission  of 
Washington  under  the  provisions  of  chapter  81  of  the  laws 
of  1905,  or  the  Acts  amendatory  thereof  or  supplemental 
thereto,  shall  continue  in  force  and  have  the  same  effect 
as  though  this  Act  had  not  been  passed,  and  the  public 
service  commission  hereby  created  is  empowered  to  en- 
force said  findings,  orders  and  rules  in  the  same  manner 
and  under  the  same  conditions  as  though  said  findings, 
orders  and  rules  had  been  made,  issued  or  promulgated 
by  the  public  service  commission  hereby  created. 

Construction  of  Act.  §  112.  This  Act,  in  so  far'as  it  em- 
braces the  same  subject-matter,  shall  be  construed  as  a  con- 
tinuation of  chapter  81  of  the  laws  of  1905,  and  the  Acts 
amendatory  thereof  and  supplemental  thereto,  and  the 
members  of  the  railroad  commission  of  AVashington  created 
by  said  Act  of  1905  shall  during  the  remainder  of  their 
terms  of  office  respectively  constitute  the  public  service 
commission  created  by  this  Act.  At  the  expiration  of  the 
term  of  each  commissioner  a  commissioner  shall  be  ap- 
pointed under  the  provisions  of  this  Act. 

Passed  by  the  Senate  March  2,  1911. 

Passed  by  the  House  March  6,  1911. 

Approved  by  the  governor  March  18,  1911. 

RECIPROCAL  DEMUHRAGK,  .\CT  OF  1907. 

Cars  shall  be  furnished,  tohen — Penalty,  i  1.  When  a 
shipper  makes  written  application  to  a  railroad  company 
tor  a  car  or  cars  not  exceeding  10  cars  in  number  dur- 
ing any  one  day,  to  be  loaded  with  any  kind  of  freight 
embraced  in  the  tariff  of  said  -company,  stating  in  said 
application  the  character  of  the  freight,  and  its  destina- 
tion, the  railroad  company  shall  furnish  same  within  six 
days  from  7  o'clock  a.  m.  the  day  following  such  applica- 
tion. 

Or   when   the    shipper   making   such    application   speci- 


1404 


National  Association  of  Railway  Commissioners 


fles  a  future  day  on  which  he  desires  to  make  a  ship- 
ment, giving  not  less  than  six  days'  notice  thereof,  com- 
puting from  7  o'clock  a.  m.  the  day  following  such  ap- 
plication, the  railroad  company  shall  furnish  such  car  or 
cars  on  the  day  specified  in  the  application. 

For  failure  to  comply  with  this  section,  the  company 
so  offending  shall  forfeit  and  pay  to  the  shipper  applying 
the  sum  of  $1  per  car  per  day  or  fraction  of  a  day's  de- 
lay after  expiration  of  free  time,  upon  demand  in  writing, 
made   within  30   days   thereafter  by  the  shipper. 

Receipts  of  bills  of  lading — Rate  of  movement — Penalty 
— Time  allowance.  §  2.  Whenever  freight  of  any  charac- 
ter, proper  for  transportation,  whether  in  carload  lots  or 
less  than  carload  lots,  is  tendered  to  a  railroad  company 
at  its  customary  place  for  receiving  shipments,  and  cor- 
rect shipping  instructions  given,  the  railroad  company's 
agent  must  immediately  receive  the  same  for  shipment, 
and  issue  bills  of  lading  or  shipping  receipt  therefor,  and 
whenever  such  shipments  have  been  so  received  by  any 
railroad  company,  they  must  be  carried  forward  at  the 
rate  of  not  less  than  50  miles  per  day  of  24  hours,  com- 
puting time  from  7  o'clcck  a.  m.  the  day  following  re- 
ceipt of  shipment,  and  for  failure  to  receive  or  transport 
such  shipments,  within  the  time  prescribed,  the  railroad 
company  so  offending  shall  forfeit  and  pay  to  the  ship- 
per the  sum  of  $1  per  day  per  car  or  fraction  thereof, 
on  all  carload  freight  and  1  cent  per  100  pounds  per 
day  or  fraction  thereof  on  freight  in  less  than  carloads, 
with  minimum  charge  of  5  cents  for  any  one  package, 
upon  demand  in  writing  by  the  sliipper,  or  some  other 
party  whose  interest  is  affected  by  su'ch  delay;  provided, 
that  in  computing  the  time  of  freight  In  transit  there  shall 
be  allowed  24  hours  at  such  point  where  transfer- 
ring from  one  railroad  to  another,  or  rehandling  of 
freight.  Is  necessary. 

Unavoidable  delay.  §  3.  The  period  during  which  the 
movement  of  cars  or  freight  is  suspended  or  delayed  on 
account  of  accident,  sudden  congestion  of  traffic,  un- 
avoidable detention  in  other  States  or  in  other  places 
within  this  State  or  any  other  cause  not  within  the  power 
of  the  railroad  company  to  prevent,  shall  be  added  to 
the  free  tiihe  allowed  in  this  Act,  and  counted  as  addi- 
tional free  time. 

Notice  of  arrival  of  shipment — Penalty  for  failure  to 
give.  '  §  4.  Railroad  companies  shall,  within  twenty-four 
hours  after  arrival  of  shipments,  give  noti-oe  by  mail  or 
otherwise,  to  consignee  of  the  arrival  of  shipments,  to- 
gether with  the  weight  and  amount  of  freight  charges 
due  thereon,  and  where  goods  or  freight  in  carload  quan- 
tities arrive,  such  notice  shall  contain,  also,  identifying 
numbers,  letters  and  initials  of  the  car  or  cars,  and  it 
transferred  in  transit  the  number  and  initials  of  the  car 
In  which  originally  shipped.  Any  railroad  failing  to  give 
such  notice  snail  forfeit  and  pay  to  the  shipper,  or  other 
party  whose  interest  is  affected,  the  sum  of  $1  per  car 
per  day,  or  fraction  thereof,  of  a  day's  delay,  on  all  car- 
load shipments,  and  1  cent  per  100  pounds  per  day  or 
fraction  thereof,  on  freight  in  less  than  carloads,  with 
minimum  charge  of  5  cents  for  any  one  package,  after 
the  expiration  of  the  said  24  hours;  provided,  that  not 
more  than  $1  per  day  be  charged  for  any  one  consign- 
ment not  in  excess  of  a  carload. 

Manner  of  delivering  freight — Time  limit — Penalties. 
§  5.  Railroad  companies  shall  deliver  freight  at  their  depots 
or  warehouses,  or  in  case  of  shipment  for  track  deliv- 
ery, shall  place  loaded  cars  at  an  accessible  place  for 
unloading  within  24  hours  after  arrival,  computing  time 
from  "7  o'clock  a.  m.  the  day  following  the  arrival  of 
freight.  Except  that  carload  shipments  for  track  deliv- 
ery at  local  stations  having  not  more  than  one  team 
track  shall  be  placed  at  an  accessible  point  for  unload- 
ing by  the  conductor  of  trains  on  which  the  car  arrives. 
The  shipper  or  consignee  shall  be  paid  $1  per  car  per  day 
for  each  day,  or  fraction  of  a  day,  such  delivery  is  so 
delayed. 

Freight  subject  to  demurrage — When.  §  6.  All  carload 
freight  or  freight  carried  at  carload  rates  and  all  freight 
In  cars,  whether  full  'carload  or  not,  taking  track  delivery 
shall  be  subject  to  the  demurrage  or  car  service  charges 
prescribed  In  this  Act. 

Free  time  for  loading — Need  not  furnish  cars,  wheti^ 
Delays  not  chargeable  to  shippers.  §  7.  A  shipper,  on 
whose  order  a  car   or  cars  have   been   placed   for   load- 


in 


ing,  shall  be  allowed  48  hours  for  the  loading  of  such  car 
or  cars,  computing  the  time  from  7  o'clock  a.  m.  the  day 
after  such  car  or  cars  have  been  pla-ced,  subject  to  the 
order  of  the  shipper,  and  thereafter  a  demurrage  of  not 
more  than  $1  per  car  per  day,  or  fraction  of  a  day,  may 
be  assessed  and  collected  on  all  such  cars  as  have  not 
been  tendered  to  the  railroad  company  with  shipping  in- 
structions  within   the   said   48   hours. 

Railroad  companies  shall  not  be  compelled  to  furnish 
cars  for  future  shipments  to  parties  in  default  as  to  the 
payment  of  the  demurrage  charges  herein  last  provided 
for,  until  such  demurrage  charges  have  been  paid,  pro- 
vided the  same  has  been  demanded  prior  to  the  com- 
mencement of  the  transportation  of  the  car. 

If,  after  placing  the  car  or  cars  required  by  this  sec- 
tion, the  railroad  company  shall,  during  or  after  free 
time,  temporarily  remove  all  or  any  of  them,  or  in  any 
way  prevent,  obstruct  or  delay  the  loading  of  the  same, 
the  shipper  shall  not  be  chargeable  with  the  delay_  caused 
thereby.  When  by  reason  of  delay  or  irregularity  on  tfce 
part  of  the  railroad  in  filling  orders,  cars  are  bunched  in 
excess  of  the  ability  of  the  shipper  to  load  in  the  order 
indicated  in  his  applications,  the  shipper  shall  be  al- 
lowed separate  and  distinct  period  of  free  time  within 
which  to  load  the  car  pr  cars  specified  in  each  separate 
application. 

Bad  shipping  instructions  or  loading.  §  8.  A  car  or  cais 
detained  or  held  at  point  of  shipment  for  want  of  proptr 
shipping  instructions,  or  by  reason  of  imperfect  or  e:;- 
cessive  loading  where  loading  is  done  by  shipper,  sha  1 
be  subject  to  a  demurrage  charge  of  $1  per  car  per  day. 
or  fraction  of  a  day,  the  said  car  or  cars  are  so  de- 
tained or  held.  In  case  of  imperfect  or  excessive  loa(  - 
ing  by  shipper,  the  shipper  shall  be  notified  thereof  as 
early  as  practicable  after  said  car  or  cars  have  been  n 
celved  from  him,  in  which  case  car  demurrage  chari 
at  above  rate  shall  begin  from  time  of  notification. 

Manner  of  giving  notices — When  free  time  begins 
Legal  notice,  as  referred  to  in  this  Act,  may  be  either 
actual  or  constructive.  Where  the  consignee  or  his  ager  c 
is  personally  served  with  notice  of  the  arrival  of  freight 
at  or  before  6  o'clock  p.  m.  of  any  day,  free  time  begin  i 
at  7  o'clock  a.  m.  on  the  day  after  such  notice  has  bee  i 
given.  Constructive  notice  referred  to  shall  consist  c  f 
posting  notice  by  mail  to  consignee ;  where  this  mode  c  t 
giving  notice  is  adopted  there  shall  be  24  hours'  add  - 
tional  free  time;  provided,  however,  that  when,  in  an' 
case  where  notice  of  arrival  is  given  by  mail,  the  coi - 
signee  shall  make  oath  that  neither  he,  his  agents,  nor 
employes,  have  received  such  notice,  then  he  will  be  hel  1 
not  to  have  received  legal  notice  bj^  reason  of  postin ; 
of  said  notice  by  mail. 

■  Storage  charges  on  freight  unloaded  by  railroads.  _ 
All  packages  unloaded  by  railroad  companies  in  their  d< 
pots  or  warehouses,  and  freight  which,  in  order  to  n  • 
lease  cars,  is  unloaded  In  the  yard  space  of  a  railroa  1 
company,  which  is  not  removed  by  the  owners  therec  f 
from  the  custody  of  the  railroad  company  within  4^ 
hours,  computing  time  from  7  o'clock  a.  m.  of  the  day  f o  - 
lowing  legal  notice  of  arrival,  may  be  subject  to  i 
charge  of  storage  for  each  day,  or  fraction  of  a  day,  t 
may  remain  in  the  custody  of  the  railroad  company;  prc- 
vided,  such  company  shall  allow  means  of  ingress  an  I 
egress  for  such  removal.  Said  charges  shall  be  as  fol- 
lows: 

In  less  than  carloads,  not  more  than  1  cent  per 
hundred  pounds  per  day'  or  fraction  thereof;  in  carload 
quantities,  not  more  than  10  cents  per  ton  of  2,000  pounds 
per  day  or  fraction  thereof,  but  not  exceeding  $1  per  car 
per  day,  or  fraction  of  a  day;  provided,  that  in  no  case 
shall  the  amount  so  collected  for  storage  of  a  less  than 
carload  shipment  exceed^  the  amount  authorized  to  le 
charged  as  storage  or  demurrage  on  a  carload  of  sim- 
ilar freight  for  the  same  length  of  time  when  not  un- 
loaded from  car,  as  provided  by  the  demurrage  rates  of 
this  Act. 

Free  time  for  unloadiiig — Demurrage.  §  11.  Loaded 
cars  containing  hay,  coal,  coke,  brick,  lumber  and  shin- 
gles in  covered  cars,  and  the  following  articles  In  bulk: 
Meat,  potatoes,  grain  and  grain  products,  taking  track  de- 
livery, which  are  to  be  unloaded  by  consignee,  but  are 
not  unloaded  within  48  hours,  computing  time  from  7 
o'clock   a.   m.   the   day   following  the  day   legal   notice  of 


stin  ;  ■ 

ir   tit  -  1 


Public  Service  Laws 


1405 


arrival  is  given,  having  been  placed  at  an  accessible 
point  for  unloading,  shall  be  subject  thereafter  to  a 
charge  for  demurrage  of  $1  per  car  for  each  day,  or 
fraction  of  a  day,  that  they  may  remain  loaded  in  pos- 
session of  the  railroad  company.  All  loaded  cars,  taking 
track  delivery,  to  be  unloaded  by  consignee,  shall  be  lim- 
ited to  48  hours  of  free  time;  provided,  however,  that  if 
after  placing  a  car  or  cars,  as  required  in  this  section, 
the  railroad  company  shall,  during  or  after  free  time, 
temporarily  remove  all  or  any  of  them,  or  in  any  way 
obstruct  the  unloading  of  same,  the  consignee  shall  not 
be  chargeable  with  the  delay  caused  thereby;  provided, 
that  when  on  account  of  delay  or  irregularity  in  trans- 
portation, cars  are  bunched  in  transit  and  delivered  to 
the  consignee  in  numbers  beyond  ascertained  ability  to 
unload  within  the  free  time  prescribed  in  this  Act,  he 
shall  be  allowed  by  the  carrier  such  additional  time  as 
may  be  necessary  to  unload  cars  so  in  excess  by  the 
exercise  of  due  and  usual  diligence  on  the  part  of  con- 
signee, who  shall  also  increase  his  unloading  facilities 
coextensively  with  the   increase  of  his   business. 

Condition  of  weather — Additional  time,  ij  12.  When- 
ever the  weather,  during  the  period  of  free  time,  is  so 
severe,  inclement  or  rainy  that  it  is  impossible  or  Im- 
practi'cable  to  secure  means  of  loading  or  unloading 
freight,  or  when  from  the  nature  of  the  goods  or  freight, 
loading  or  unloading  would  cause  injury  or  damage 
thereto,  such  time  shall  be  added  to  the  free  period,  and 
no  demurrage  charges  shall  be  allowed  for  such  addi- 
tional free  time.  This  section  applies  to  the  state  of  the 
weather  during  business  hours. 

Carload  freight  storage — Limit  of  charge.  §  13.  Incom- 
ing carload  freight,  coming  under  the  provisions  of  §  11 
of  this  Act,  may  be  stored  by  railroad  companies  in  de- 
pots or  warehouses  at  the  expense  of  the  owner,  If  same 
is  not  removed  before  demurrage  charges  attach;  pro- 
vided, that  daily  storage  charge  on  such  freight  shall 
not  exceed  the  demurrage  allowed  under  this  Act. 

Refusal  of  consignee  to  accept — Notice — Demurrage. 
§  14.  If  the  consignee  shall  refuse  to  accept  freight  ten- 
dered in  pursuance  of  the  bill  of  lading,  the  carrier  charged 
with  the  duty  of  delivery  shall  give  legal  notice  to  the 
consignor  of  such  refusal;  and  if  he  shall  not,  within 
three  days  thereafter,  give  direction  for  the  reshipment 
or  unloading,  or  other  disposition  of  such  goods,  he  shall 
thenceforth  become  liable  to  such  carrier  for  storage  on 
such  goods,  or  demurrage  upon  the  car  or  cars  in  which 
they  are  stored,  to  the  same  extent  and  at  the  same 
rate  as  such  charges  are  under  like  circumstances,  by 
the  provisions  of  this  Act,  imposed  upon  consignees  who 
neglect  or  refuse,  after  notice  of  arrival,  to  remove 
freight  of  like  character  from  the  depots  or  cars  of  a 
carrier.  A  consignee  who  has  once  refused  to  accept  a 
consignment  of  goods  shall  not  thereafter  be  entitled 
to  receive  the  same,  except  upon  payment  of  all  charges 
for  storage  or  demurrage  which  have  accrued;  and  if 
the  consignee  of  freight  in  carloads,  or  less  than  car- 
loads, shall  fail  or  neglect  to  remove  such  freight  within 
three  days  after  the  expiration  of  free  time,  then  the 
carrier  shall  through  the  agent  at  point  of  shipment  so 
notify  the  shipper,  unless  the  consignee  has  signified  his 
acceptance  of  the  property.  Said  notice  may  either  be 
served   personally  or  given   by   mail. 

Goods  shipped  to  order — Notice — Exception.  §  15.  When 
consignors  ship  goods  consigned  to  order,  but  express  in 
their  bills  of  lading  or  shipping  instructions  the  name  of 
a  person  at  destination  to  notify,  it  shall  be  the  duty  at 
the  railroad  or  other  transportation  company  to  give 
legal  notice  to  such  party  in  the  same  way,  and  under 
the  same  rules,  as  if  the  shipment  had  been  made  direct 
to  him.  But  when  consignors  do  not  comply  with  this 
condition,  the  railroad  or  other  transportation  company 
shall  give  notice  only  to  such  consignors;  except  that  in 
shipments  of  grain  or  hay,  notice  shall  also  be  given  to 
the  local  exchanges;  provided,  that  at  the  expiration  of 
free  time  the  carrier  shall  give  notice  thereof  to  the  con- 
signor. 

Discrimination  in  storage  or  demurrage — Penalty. 

[As  amended  by  Act  approved  March  17  1911.]  Rail- 
road companies  shall  not  discriminate  between  persons, 
places  or  commodities,  in  storage  or  demurrage  charges. 
No  rebate,  fund,  draw-back,  or  other  similar  de- 
vice shall  be  lawful;   provided,  that  this  section  shall  not 


apply  to  package  freight  received  in  less  than  carload  lots 
unloaded  in  depots  or  warehouses,  and  upon  proof  of  the 
violation  of  this  section  either  and  each  party  to  such  dis- 
crimination, rebate,  refund,  draw-back  or  other  similar  de- 
vice, shall  be  fined  in  any  sum  not  less  than  $100  and  not 
exceeding  $1,000  for  each  offense  to  be  found  by  a  jury  in 
an  action  brought  therefor;  provided,  further,  that  nothin:; 
in  this  Act  contained  shall  be  construed  to  prevent  a  rail- 
road company  and  a  shipper  agreeing  to  apply  the  princi- 
ples of  the  so-called  average  plan  in  periodical  settlement.^ 
on  demurrage;  provided,  that  such  average  plan  agreement 
shall  be  open  to  all  shippers  alike  and  that  the  same  shall 
be  submitted  to  and  receive  the  approval  of  the  railroad 
commission  before  the  same  is  placed  in  operation. 

Private  cars  on  private  tracks.  §  17.  No  demurrage 
shall  be  charged  on  private  cars  standing  on  private 
tracks,  when  both  cars  and  tracks  are  owned  by  the 
same    person    or    persons. 

Cars  for  live  stock  and  perishable  freight.  §  18.  Noth- 
ing in  this  Act  shall  be  held  to  relieve  any  railroad  com- 
pany from  furnishing  cars  for  transportation  of  live  stock 
and  perishable  freight  within  a  reasonable  time  after 
demand  therefor  even  if  such  time  is  less  than  the  free 
time  prescribed  in  this  Act. 

Sundays  and  holidays  excluded.  §  19.  In  all  computa- 
tion of  time  under  this  Act,  Sundays  and  legal  holidays 
shall  be  excluded. 

Venue  of  actions — Attorney's  fee.  §  20.  Actions  to  en- 
force the  provisions  of  this  Act  may  be  brought  in  any 
court  of  competent  jurisdiction  in  the  county  in  which 
the  cause  of  action  arosee  or  in  which  the  shipment  v/as 
tendered  to  or  received  or  delivered  by  the  railroad  com- 
pany, and  in  case  ■  plaintiff  recovers  judgment  in  such 
action  a  reasonable  attorney's  fee  shall  be  allowed  as  a 
part  thereof. 

Acceptance  of  demurrage  Mrs  further  claim.  §  21.  It 
any  complainant  rightly  entitled  thereto  received  pay- 
ment of  the  charges  or  penalties  imposed  in  this  Act  for 
failure  to  comply  therewith,  such  payment  shall  be  in 
full  of  any  and  all  claims  for  damages  growing  out  of 
such  failure;  provided,  however,  that  such  complainant 
may  at  his  election,  waive  said  charges  and  penalties, 
and  claim  such  actual  damage  as  he  may  have  sus- 
tained. 

Railroad  commission  to  enforce  Act— Railroad  failing  to 
provide  suwcient  equipment — Penalty.  §  22.  Full  power  and 
authority  is  hereby  given  the  railroad  commission  of  Wash 
Ington  to  enforce  the  provisions  of  this  Act  either  upon 
or  without  complaint  made,  and  to  prescribe  and  enforce, 
when  not  in  conflict  with  this  Act,  all  such  additional  rea- 
sonable rules,  regulations  and  orders  as  may  be  neces- 
sary, and  charges  or  penalties  for  the  violation  thereof, 
and  to  modify  or  suspend  the  same,  in  order  to  compel 
and  require  the  several  railroad  companies  in  this  State 
promptly  to  receive,  receipt  for,  and  forward  and  deliver 
to  destination  all  lawful  freight,  and  to  make  prompt  de- 
livery thereof  at  destination  to  the  consignee;  and  to  re- 
quire and  compel  railroad  companies  doing  business  in 
this  State  to  provide  and  supply  cars  and  other  railroad 
equipment  sufficient  to  transport  within  a  reasonable 
time  after  demand  therefor  all  lawful  freight  properly 
tendered  thereto  for  shipment  within  or  without  this 
State,  and  to  proceed  against  any  railroad  company  for 
failure  or  refusal  to  provide  and  supply  such  sufficient 
cars  and  other  equipment;  and  in  case  of  conviction, 
such  railroad  company  shall  be  fined  for  each  such '  fail- 
ure or  refusal  in  any  sum  not  less  than  $100  and  not  ex- 
ceeding $5,000,  to  be  found  by  the  jury  in  an  action 
brought  therefor;  provided,  that  upon  proof  of  public 
calamity,  accident,  unprecedented  increase  of  business  of 
any  other  cause  of  delay  not  within  the  power  of  the 
railroad  company  to  prevent,  no  conviction  shall  be  found. 

Railroads  shall  pay  demurrage,  when — Penalty.  §  23.  In 
case  any  railroad  company  shall  fail  to  furnish  a  car  or 
cars  to  transport  and  deliver  freight  as  herein  provided, 
by  reason  whereof  demurrage  charges  and  penalties  be- 
come due  and  payable  to  a  shipper  or  consignee  as  herein 
provided,  such  railroad  company  shall  pay  to  such  ship- 
per or  consignee  such  charges  within  30  days  from  and 
after  demand  therefor,  and  in  case  of  the  refusal  or  neg- 
lect of  such  railroad  company  to  pay  such  charges  and 
penalties   so   accrued   without   good   and   sufficient   cause 


1406 


National  Association  ofEailway  Commissioners 


therefor,  it  shall  be  subject  to  a  penalty  of  $250  for  each 
failure  or  refusal  to  make  such  payment,  which,  together 
with  the  costs  of  suit,  shall  be  recoverable  by  the 
railroad  commission  of  Washington  in  the  Superior  Court 
of  the  State  of  Washington  in  any  county  in  this  State 
in  or  through  which  said  railroad  runs  or  does  business. 

Applicant  must  show  cars  ordered  in  good  faith.  §  24. 
When  any  action  against  any  railroad  is  brought  under 
the  provisions  of  this  Act  for  failure  to  furnish  cars,  it 
shall  be  shown  on  the  trial  by  competent  testimony  that 
the  person  applying  therefor  had  on  hand,  at  the  time  it 
became  the  duty  of  the  railroad  under  any  application  so 
made  to  furnish  the  car  or  cars  required,  the  kind  of 
freight  specified  in  the  application  ready  for  shipment 
in  the  said  car  or  cars,  to  the  point  of  destination  in  the 
said  application  stated. 

Mandamus.  §  25.  The  provisions  of  this  Act  may  also 
be  enforced  by  mandamus  or  mandatory  injunction  on 
the  relation  or  suit  of  any  party  affected  by  the  violation 
thereof  or  at  the  instance  of  said  commission. 

Constitutionality.  §  26.  If  any  section,  subdivision,  sen- 
tence, clause  or  purpose  of  this  Act  is  for  any  reason 
held  to  be  unconstitutional,  such  decision  shall  not  affect 
the    validity   of   the    remaining   portions   of   the   Act. 

OVERCHARGES. 

(Laws  of  1907,  page  407.) 
Overcharges  shall  he  refunded — Interest.  §  1.  Any  cor- 
poration, partnership  or  individual  who  furnishes  the 
public  any  goods,  wares,  merchandise,  pledge,  security,  in- 
surance or  transportation  of  which  the  price,  rate  or  tar- 
iff is  by  law  required  to  be  published,  shall,  when  any 
price,  rate  or  tariff  is  charged  in  excess  of  the  existing 
and  established  price,  rate  or  tariff^  refund  to  the  person, 
partnership  or  corporation  so  overcharged,  or  to  the  as- 
signee of  such  claim,  the  amount  of  such  overcharge,  and 
on  failure  so  to  do,  the  claim  for  such  overcharge  shall 
bear  Interest  at  the  rate  of  8  per  cent  per  annum  until 
paid. 

BILLS    OF    LADING. 

(Laws  of  1909,  pags  377.) 
Order  Mils  of  lading.  §  1.  That  whenever  any  common 
carrier,  railroad  or  transportation  company  (hereinafter 
termed  carrier)  shall  issue  a  bill  of  lading  for  the  trans- 
portation of  property  from  one  place  to  another  within 
this  State,  or  between  places  one  of  which  is  within  this 
State,  which  bill  shall  be,  or  purport  to  be,  drawn  to  the 
order  of  the  shipper  or  other  specified  person,  or  which 
shall  contain  any  statement  or  representation  that  the 
property  described  therein  is,  or  may  be,  deliverable  upon 
the  order  of  any  person  therein  mentioned,  such  bill  shall 
be  known  as  an  "Order  Bill  of  Lading"  and  shall  conform 
to  the  following  requirements: 

(a)  In  connection  with  the  name  of  the  person  to 
whose  order  the  property  Is  deliverable,  the  words  "Or- 
der of"  shall  prominently  appear  in  print  on  the  face  of 
the  bill,   thus:   "Consigned   to  Order  ol " 

(b)  The  bill  shall  be  printed  on  yellow  paper,  8V2 
inches  wide  by  11  inches  long. 

(c)  It  shall  contain  on  its  face  the  following  provi- 
sions: "The  surrender  of  this  original  order  bill  of  lading 
properly  indorsed  shall  be  required  before  delivery  of 
the  property."     , 

(d)  It  shall  not  contain  the  words  "Not  Negotiable" 
or  words  of  similar  import.  If  such  words  are  placed  on 
an  order  bill  of  lading  they  shall  be  void  and  of  no  eft'ect. 

(e)  Nothing  herein  shall  be  construed  to  prohibit  the 
Insertion  in  an  order  bill  of  lading  of  other  terms  or 
conditions  not  inconsistent  with  the  provisions  of  this 
Act;  but  it  shall  be  unlawful  to  insert  in  such  bill  any 
terms  or  conditions  contrary  to,  or  inconsistent  with,  such 
provisions. 

Straight  bills  of  lading.  §  2.  Whenever  a  bill  of  ladincr 
is  Issued  by  a  carrier  for  the  transportation  of  property 
from  one  place  to  another  within  this  State,  or  between 
places  one  of  which  is  within  the  State,  in  which  the 
property  described  therein  is  stated  to  be  consigned  or 
deliverable  to  a  specified  person,  without  any  statement 
or  representation  that  such  property  is  consigned  or  de- 
liverable to  the  order  of  any  person,  such  bill  shall  be 
known  as  a  "Straight  Bill  of  Lading"  and  shall  contain 
the  following  requirements: 

(a)  The  bill  shall  be  printed  on  white  paper,  S'/i 
inches  wide  by  11  inches  long. 


re-  1 

.If  ^ 


nd    _] 


(b)  The  bill  shall  have  prominently  printed  or  stamped 
upon  its  face  the  words,  "Not  Negotiable,"  and  the  carrier 
may  deliver  the  goods  under  a  straight  bill  of  lading  to  the 
consignee  without  requiring  the  surrender  of  the  bill  of 
lading, 

(c)  Nothing  herein  shall  be  construed  to  prohibit  the 
insertion  in  a  straight  bill  of  lading  of  other  terms  and 
conditions  not  Inconsistent  with  the  provisions  of  this 
Act,  but  it  shall  be  unlawful  to  insert  in  such  bill  any 
terms  or  conditions  contrary  to  or  inconsistent  with  such 
provisions,  AU 

Property  must  have  teen  actually  received — CwpHcateJIB 
§  3.  It  shall  be  unlawful  for  any  carrier,  or  for  any  officer, 
agent  or  servant  of  a  c&rrier,  to  issue  an  order  bill  of 
lading  or  a  straight  bill  of  lading,  as  defined  in  this  A.ct, 
until  the  whole  of  the  property  as  described  therein  shall 
have  been  actually  received  and  is  at  the  time  under  the 
actual  control  of  such  carrier,  to  be  transported;  or  to 
issue  a  second  or  duplicate  order  bill  of  lading  or  straight 
bill  of  lading  for  the  same  property,  in  whole  or  in  part, 
for  which  a  former  bill  of  lading  has  been  issued  and  re- 
mains across  the  face  of  the  same  the  word  "Duplicate^" 
marking  across  the  face  of  the  same  the  word  "Duplicate.l 

False  Mils  of  lading.     §  4.     Every  carrier  who  himself, 
or   by   his   officer,   agent   or   servant   authorized    to    issue 
bills  of  lading,  issues  a  false  or  duplicate  bill  of  lading  in 
violation   of   the   provisions   of   §  3   of   this   Act,    shall   be 
estopped,    as    against    all    and    every    person    or    persons 
injured  thereby  who  shall  acquire  any  such  false  or  dupli- 
cate bill  of  lading  in  good  faith   and   for  value,  to   deny 
the   receipt   of   the   property   as   described   therein,   or   to 
assert  that  a  former  bill  of  lading  had  been  issued   and_ 
remains   outstanding  and   uncanceled   for  the   same   proB 
erty,  as  the  case  may  be;   and  such  issuing  carrier  shaH_ 
be  liable  to  any  and  every   such  person   for  all  damages 
which  he  or  they  may  have  sustained  because  of  reliance 
upon  such  bill. 

Fraudulent  negotiation — Penalty.  %  5.  Every  person 
who  receives  from  a  carrier  and  fraudulently  negotiates 
for  value  an  order  or  straight  bill  of  lading  representing 
property  to  which  he  had  no,  or  an  encumbered  title, 
at  the  time  of  the  negotiation  of  such  bill,  sh.ill  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  punished 
by  fine  not  exceeding  $5,000  or  imprisonment  not  exceeding 
five  years,  or  both. 

Delivery  without  surrender  of  hill  forbidden.     §  6. 
shall    be   unlawful    for    any    carrier,    or    officer,    agent    ol 
servant  of  a  carrier,  to  deliver  the  property  described  ii 
an  order  bill   of  lading   without  lequiring   surrender   and 
.  making   cancellation    of   srch    bill,    or    in   case   of   partial 
delivery,   indorsing  thereon   a   statement   of   the   property 
delivered.     And  every  carrier  who  by  himself,  or  bv  offl-j 
cer,   agent   or   servant   authorized    to   deliver   goods    upoi^ 
surrender    of    an    order   bill    of    lading,   violates    the    pro 
visions   of  this   section,   shall   be   estopped   as   against   ali 
and   every   person   or   persons  injured   thereby   who   shall 
acquire  in  good  faith   and  for  value  any  such  order  bilf 
of  lading  from  asserting  that   the  property   as  described 
therein  has   been   delivered;    and   such   delivering   carrieil 
shall  be  liable  to  any  and  every  such  person  for  all  dan 
ages   which    he  or   they   may   have   sustained   because    c 
reliance  upon  such  bill;   provided,  that  the   provisions  oi^ 
this   section    shall    not    apply   where    the    property    is    re- 
plevined   or  removed   from  the  possession   of  the  carrier  ' 
by  operation  of  law;   or  has  been  lawfully  sold  to  satisfy^ 
the   carrier's   lien;    or   in   cases   of  sale  or  disposition  o|" 
perishable,   hazardous   or   unclaimed   goods   In   accordance 
with  law  or  the  terms  of  the  bill  of  lading. 

Alterations  and  erasures.  §  7.  Any  material  alteration 
addition  or  erasure  in  or  to  an  order  bill  of  lading  or 
straight  bill  of  lading,  fraudulent  or  otherwise,  shall  b« 
without  effect  and  in  the  hands  of  a  bona  fide  holder  foi, 
value,  not  a  party  to  the  alteration  thereof,  such  bill  shal^ 
be  valid  and  may  be  enforced  according  to  its  origina . 
tenor;  provided,  however,  that  an  alteration,  addition  o« 
erasure  in  or  to  any  such  bill  of  lading  with  signature  in-l 
dorsed  thereto  thereon,  by  the  issuing  carrier,  or  hia 
officer,  agent  or  servant  in  his  behalf,  and  with  the  coal 
sent  of  the  holder  thereof,  shall  be  valid  and  effective. 

Warehouseman  or  carrier  refusing  to  issue  receipt. 
Every  person  or  corporation  and  every  officer,  agent 
and  employe  thereof,  receiving  any  goods,  wares  or  mer- 
chandise, for  sale  or  on  commission,  for  storage,  carriage 
or  forwarding,  who,  having  an  opportunity  to  inspect  the 


Public  Service  Laws 


1407 


same,  shall  fail  or  refuse  to  deliver  to  the  owner  thereof 
a  receipt  duly  signed,  bearing  the  date  of  issuance,  de- 
scribing the  goods,  wares  or  merchandise  received  and 
the  quantity,  quality  and  condition  thtjreof,  and  specifying 
the  terms  and  conditions  upon  which  they  are  received, 
shall   be  guilty  of  a  misdemeanor. 

Fictitious  bill  of  lading  and  receipt.  Every  person 
or  corporation  engaged  wholly  or  in  part  in  the  business 
of  a  common  carrier  or  warehouseman,  and  every  officer, 
agent  or  employe  thereof,  who  shall  issue  any  bill  of 
lading,  receipt  or  other  voucher  by  which  it  shall  appear 
that  any  goods,  wares  or  merchandise  have  been  received 
by  such  carrier  or  warehouseman,  unless  the  same  have 
been  so  received  and  shall  be  at  the  time  actually  under 
his  control,  or  who  shall  issue  any  bill  of  lading,  receipt 
or  voucher  containing-  any  false  statement  concerning 
any  material  matter,  shall  be  guilty  of  a  gross  misde- 
meanor. But  no  person  shall  M  convicted  under  this  sec- 
tion for  the  reason  that  the  contents  of  any  barrel,  box, 
case,  cask  or  other  closed  vessei  or  package  mentioned 
in  the  bill  of  lading,  receipt  or  voucher,  did  not  corre- 
spond with  the  description  thereof  in  such  instrument,  if 
such  description  corresponds  substantially  with  the  mark 
on  the  outside  of  such  barrel,  box,  case,  cask,  vessel  or 
package,  unless  it  appears  that  the  defendant  knew  that 
such  marks  were  untrue. 

Fraudulently  mixing  goods.  Every  person  mentioned  in 
§  392  of  this  Act,  who  shall  fraudulently  mix  or  tamper 
with  any  goods,  wares  or  merchandise  under  his  control, 
shall  be  guilty  of  a  gross  misdemeanor. 

Duplicate  receipt.  Every  person  mentioned  in  §  392  of 
this  Act,  who  shall  issue  any  second  or  duplicate  receipt  or 
voucher  of  the  kind  specified  in  said  section,  while  a 
former  receipt  or  voucher  for  the  goods,  wares  or  mer- 
chandise specified  in  such  second  receipt  is  outstanding 
and  uncanceled,  without  writing  across  the  face  of  the 
same  the  word  "Duplicate,"  in  a  plain  and  legible  manner, 
shall  be  guilty  of  a  misdemeanor. 

Bill  of  lading  or  receipt  must  be  canceled  on  redelivery 
of  property.  Bach  person  mentioned  in  §  392  of  this  Act 
who  shall  deliver  to  another  any  goods,  wares  or  mer- 
chandise for  which  a  bill  of  lading,  receipt  or  voucher 
has  been  issued,  unless  such  bill  of  lading,  receipt  or 
voucher  is  surrendered  and  canceled  or  a  lawful  and 
sufficient  bond  or  undertaking  is  given  therefor  at  the 
time  of  such  delivery,  or  unless,  in  case  of  a  partial 
delivery,  a  memorandum  thereof  is  indorsed  upon  such 
bill  of  lading,  receipt  or  voucher,  shall  be  guilty  of  a 
misdemeanor. 

FRAUDULENT    SALES    OF    EAILWAY    TICKETS. 

(Laws  of  1905,  page  376.) 
Agent  must  have  certificate  of  authority.  §  1.  It  shall 
be  the  duty  of  the  owner  or  owners  or  person  or  per- 
sons operating  any  railroad  to  provide  every  agent  who 
may  be  authorized  to  sell  its  tickets  or  other  evidence 
of  a  right  to  travel  upon  any  railroad  with  a  certificate 
setting  forth  the  authority  of  such  agent  to  make  such 
sale.  Such  certificate  shall  be  duly  attested  by  the 
corporate  seal  of  the  owner  of  such  railroad  or  of  the 
corporation  operating  the  same,  and  by  the  signature 
of  the  manager,  secretary  or  general  passenger  agent 
of  said  railroad. 

Fixed  place  of  business — Certificate  to  be  posted.  §  2. 
Every  agent,  person,  firm  or  corporation  engaged  in  sell- 
ing, issuing  or  uealing  in  railroad  passenger  transportation 
in  this  State,  must  have  a  fixed  place  of  business  in  the 
town  or  city  wherein  such  agent,  person,  firm,  or  cor- 
poration transacts  said  business,  and  such  agent,  per- 
son, firm  or  corporation  is  hereby  required  to  keep  the 
certificate  mentioned  in  §  1  of  this  Act.  posted  in  a 
conspicuous  place  in  such   place  of  business. 

Selling  tickets  loithout  certificate  unlawful.  §  3.  It  shall 
be  unlawful  for  any  person,  firm,  partnership,  corpora- 
tion or  association  of  any  kind  who  is  not  possessed  of 
and  has  not  posted  the  certificate  of  authority  as  pre- 
scribed in  §§  1  and  2  hereof,  to  sell  or  exchange  or 
transfer  or  to  offer  for  sale  or  exchange  or  transfer  the 
whole  or  any  part  of  any  railroad  ticket  or  pass  or  other 
evidence  of  a  right  to  travel  upon  any  railroad,  whether 
the  same  be  situated  or  operated  or  owned  within  or 
without  the  limits  of  this   State. 


Operating  as  ticket  broker  without  certificate.  §  4.  It 
shall  be  unlawful  for  any  person,  firm,  partnership,  cor- 
poration or  association  of  any  kind  to  set  up,  establish, 
maintain,  conduct  or  operate  within  this  State  any  office 
or  other  place  of  business  for  the  sale  or  exchange  or 
transfer  of  the  whole  or  any  part  of  any  railroad  tickets 
or  passes  or  other  evidence  of  a  right  to  travel  upon 
any  railroad  within  or  without  the  limits  of  this  State 
unless  such  person,  firm,  partnership,  corporation  or 
association  is  possessed  of  and  has  posted  the  certificate 
of  authority  as  prescribed  in  §§  1  and  2  hereof. 

Prosecutions — Prima  facie  case.  %  5.  In  all  prosecutions 
under  §  4  of  this  Act,  proof  of  the  maintenance  of 
any  office  or  other  place  of  business  within  this  State 
upon  or  within  or  in  connection  with  which  is  attached 
or  displayed  any  sign  bearing  the  words,  "Railroad  Ticket 
Office,"  or  "Cut  Rate  Office,"  or  "Railroad  Tickets,"  or 
"Ticket  Brokers."  or  any  combination  of  such  words  or 
any  other  words  intended  or  calculated  to  advertise  to 
the  public  that  the  whole  or  any  part  of  any  railroad 
tickets  or  passes  or  other  evidences  of  a  right  to  travel 
upon  any  railroad  are  sold  or  exchanged  or  transferred 
therein  without  having  posted  within  such  office  or  place 
of  business  a  certificate  of  authority  as  provided  in 
§  3  hereof,  shall  be  sufficient  evidence  to  establish  a 
prima  facie  case  against  the  owner,  proprietor,  employe 
or  person  in  charge  of  said  office  or  place  of  business. 

Penalty.  §  6.  Any  person  or  persons  violating  any  ot 
the  provisions  of  §§  1,  2,  3  or  4  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than 
$100  nor  more  than  $500,  or  by  imprisonment  in  the 
county  jail  not  less  than  10  nor  more  than  60  days,  or 
by  both  such  fine  and  imprisonment. 

Redemption  of  unused  tickets.  §  7.  The  owner  or  own- 
ers or  person  or  persons  operating  any  railroad  in  thfe 
State  or  any  railroad  doing  business  therein  shall  re- 
deem, upon  presentation  by  the  lawful  holder  thereof 
to  any  of  its  ticket  agents  in  this  State,  the  whole  or 
any  part  of  any  railroad  ticket  or  other  evidence  of  a 
right  to  travel  upon  his,  its  or  their  railroad  which  had 
been  sold,  within  or  without  this  State,  by  any  such 
owner  or  owners  or  person  or  persons  or  any  of  his, 
its  or  their  duly  authorized  agents,  if,  for  any  reason, 
such  holder  has  not  used  the  same,  upon  the  following 
terms:  If  no  part  of  such  ticket  has  been  used,  it 
shall  be  redeemed  at  the  full  amount  paid  therefor;  and 
where  the  ticket  has  been  used  in  part  only,  the  unused 
portion  shall  be  redeemed  at  the  remainder  after  de- 
ducting from  the  price  paid  for  the  whole  ticket,  the 
regular  tariff  rate  between  the  points  between  which 
the  portion  of  said  ticket  was  used;  provided,  such 
ticket  or  part  thereof  is  so  presented  for  redemption 
within  60  days  after  the  right  to  use  said  ticket  has 
expired   according  to   the  terms   thereof. 

Penalty  for  refusal  to  redeem.  §  8.  If  any  owner  or 
owners  of  or  person  or  persons  operating  any  railroad 
mentioned  in  §  7  of  this  Act  shall  fail,  neglect  or  refuse 
to  redeem,  as  provided  in  §  7,  the  whole  or  any  part  of 
any  railroad  ticket  or  other  evidence  of  a  right  to  travel 
upon  his,  its  or  their  railroad,  he,  it  or  they  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  less  than 
$100  nor  more  than  $500,  and  he,  it  or  they  shall  in  an 
action  instituted  by  the  lawful  holder  of  such  railroad 
ticket  or  other  evidence  of  a  right  to  travel,  be  liable 
to  such  holder  in  a  sum  equal  to  treble  the  value  thereof. 

Regulating  sale  of  passage  tickets.  §396.  (Laws  of  1909, 
page  1013.)  It  shall  be  the  duty  of  every  person  or  cor- 
poration engaged  wholly  or  in  part  in  the  business  of 
carrying  passengers  for  hire,  to  provide  every  agent 
authorized  to  sell  its  passage  tickets  in  this  State,  with 
a  certificate  of  his  authority,  attested  by  its  seal  and 
the  signature  of  Its  manager,  secretary  or  general  pas- 
senger agent,  which  shall  contain  a  designation  of  the 
place  of  business  at  which  such  authority  shall  be  ex- 
ercised. 

Every  person  and  every  corporation  or  association,  and 
every  officer,  agent  or  employe  thereof  who  shall  sell, 
exchange  or  transfer  or  have  in  his  possession  with 
intent  to  sell,  exchange  or  transfer,  or  maintain,  con- 
duct or  operate  any   office  or  place  of  business  for  the 


1408 


National  Association  of  Railway  Commissionees 


sale,  exchange  or  transfer  of  any  passage  ticket  or  pass 
or  part  thereof,  or  any  other  evidence  of  a  right  to 
travel  upon  any  railroad  or  boat,  whether  the  same  he 
owned  or  operated  within  or  without  the  limits  of  this 
State,  in  any  place  except  his  place  of  business,  or  within 
such  place  of  business  without  having  rightfully  in  his 
possession  and  posted  in  a  conspicuous  place  therein  the 
certificate  of  authority  hereinabove  provided  for,  shall  be 
guilty  of  a  misdemeanor. 

Redemption  of  unusued  passage  ticket.  §  397.  Every 
person  or  corporation  engaged  wholly  or  in  part  in  the 
business  of  carrying  passengers  for  hire  in  this  State, 
and  every  authorized  ticket  agent  thereof,  to  whom  there 
shall  be  presented  by  the  holder  thereof,  within  one 
year  after  its  expiration,  any  passage  ticket  or  part 
thereof,  or  other  evidence  of  right  to  travel,  wholly  or 
In  part  upon  the  railroad  or  boat  of  such  person  or 
corporation,  which  shall  be  wholly  or  partially  unused, 
who  shall  fail  to  redeem  the  same  within  three  days 
after  presentation,  upon  the  following  terms,  to  wit: 

1.  When  wholly  unused,  for  the  price  paid  therefor; 
and 

2.  When  partially  unused,  for  the  price  paid  therefor, 
less    the    regular    toll    or    charge    for    the    passage    had; 

Shall  be  punished  by  a  fine  of  not  more  than  $500, 
and  in  addition  thereto  shall  forfeit  to  the  holder  of 
such  ticket  or  part  thereof  or  other  evidence  of  a  right 
to  travel,   three  times   the   redeemable   value  thereof. 

BICYCLES  ARE  BAGGAGE — 1899. 

Bicycles  as  baggage.  §  1.  Bicycles  are  hereby  declared 
to  be  and  are  deemed  baggage,  and  shall  be  transported 
as  baggage  for  passengers  by  railroad  corporations  and 
steamboats,  and  subject  to  the  same  liabilities  as  other 
baggage;  and  no  such  passenger  shall  be  required  to  crate, 
cover,  or  otherwise  protect  any  such  bicycle;  provided, 
however,  that  a  railroad  corporation  or  steamboat  shall  not 
be  required  to  transport  under  the  provisions  of  this  Act 
more  than  one  bicycle  for  one  person. 

CONSOLIDATION    OF   RAILROADS 1909. 

One  railroad  may  aid  another — Railroads  may  lease,  pur- 
chase or  consolidate,  etc.  §  1.  That  any  railroad  company 
now  or  hereafter  incorporated,  pursuant  to  the  laws  of 
this  State  or  of  the  United  States,  or  of  any  State  or  Terri- 
tory of  the  United  States,  may  at  any  time  by  means  of 
subscription  to  the  capital  stock  of  any  other  railroad 
company,  or  by  the  purchase  of  its  stock  or  bonds,  or  by 
guaranteeing  its  bonds,  or  otherwise,  aid  such  company  in 
the  construction  of  its  railroad  within  or  without  this 
State. 

May  extend  road  into  Washington.  And  any  such  com- 
pany owning  or  operating  a  railroad  within  or  without 
this  State  may  extend  the  same  into  this  or  any  other 
State  or  Territory,  and  may  build,  buy,  or  lease  the  whole 
or  any  part  of  any  other  railroad,  together  with  the 
franchises,  powers  and  immunities  and  all  other  property 
and  appurtenances  appertaining  thereto,  whether  located 
within  or  without  this  State. 

May  consolidate.  Or  may  consolidate  with  any  railroad 
or  railroads  in  such  other  State  or  Territory,  or  with  any 
other  railroad  in  this  State,  and  may  operate  the  same, 
and  may  own  such  real  estate  and  other  property  in  such 
other  State  or  Territory  as  may  be  necessary  or  conven- 
ient in  the  operation  of  such  road;  and  any  such  railroad 
company  may  sell  or  lease  the  whole  or  any  part  of  its 
railroad  and  branches,  within  or  without  this  State,  con- 
structed or  to  be  constructed,  together  with  all  property, 
rights,  privileges  and  franchises  appertaining  thereto,  to 
any  railroad  company  organized  or  existing  pursuant  to 
the  laws  of  the  United  States  or  of  this  State,  or  of  any 
other  State  or  Territory  of  the  United  States. 

May  build  branches.  And  any  railroad  company  Incor- 
porated or  existing  under  the  laws  of  the  United  States, 
or  of  any  State  or  Territory  of  the  United  States,  may  ex- 
tend, construct,  maintain  and  operate  its  railroad,  or  any 
portion  or  branch  thereof,  into  and  through  this  State, 
and  may  build  branches  from  any  point  on  such  extension 
to  any  place  or  places  within  this  State. 

Powers.  And  the  railroad  company  of  any  other  State 
or  Territory  of  the  United  States  which  shall  so  purchose 
or  lease  a  railroad,  or  any  part  thereof,  in  this  State,  or 
consolidate  with  any  such  railroad  in  this  State,  or  shall 
extend  or  construct  its  road,  or  any  portion  or  branch 


thereof,  in  this  State,  shall  possess  and  may  exercise  and 
enjoy  as  to  the  location,  control,  management  and  opera- 
tion of  the  said  road,  and  as  to  the  location,  construction 
and  operation  of  any  extension  or  branch  thereof,  all  the 
rights,  powers,  privileges  and  franchises  possessed  by  rail- 
road corporations  organized  under  the  laws  of  this  State, 
including  the  exercise  of  the  power  of  eminent  domain. 

Subject  to  ratification  by  stockholders.  Such  purchase, 
sale,  consolidation  or  lease  may  be  made,  or  such  aid  fur- 
nished, upon  such  terms  or  conditions  as  may  be  agreed 
upon  by  the  directors  and  trustees  of  the  respective  com- 
panies; but  the  same  shall  be  approved  or  ratified  by  per- 
sons holding  or  representing  75  per  cent  of  the  capital  . 
stock  of  each  of  such  companies,  respectively,  at  any  an- 
ual  stockholders'  meeting,  or  at  a  special  meeting  of  the 
stockholders  called  for  that  purpose,  or  by  the  approval 
in  writing  of  75  per  cent  of  the  stockholders  of  each 
company,  respectively.  Articles  stating  the  name  selected  . 
for  such  consolidated  corporation  and  the  terms  of  such 
consolidation  shall  be  approved  by  each  corporation  b;- 
the  vote  of  the  stockholders  holding  75  per  cent  of  the 
stock,  in  person  or  by  proxy,  at  a  regular  meeting  thereof, 
or  a  special  meeting  called  for  that  purpose  in  the  manner 
provided  by  the  by-laws  of  the  respective  consolidating  cor- 
porations, or  by  the  consent  in  writing  of  such  75  per  cen' 
of  such  stockholders  annexed  to  such  articles;  and  a  copj 
thereof,  with  a  copy  of  the  records  of  such  approval  or 
consent,  duly  certified  by  the  respective  presidents  anc 
secretaries,  with  the  corporate  seals  of  such  corporations 
affixed  thereto,  shall  be  filed  for  record  in  the  ofiice  of  tht 
secretary  of  State,  and  a  copy  thereof  be  furnished  to  the 
State  railroad  commission;  and  thereupon  such  consoli 
dating  corporations  shall  be  and  become  one  corporation 
by  the  name  so  selected,  which,  within  this  State,  shal' 
possess  all  the  powers,  franchises,  and  immunities,  includ 
ing  the  right  of  further  consolidation  with  other  corpora- 
tions, and  be  subject  to  all  the  liabilities  and  restrictions 
now  or  hereafter  imposed  by  law. 

Competing  line.  Provided,  that  no  railroad  or  trans 
portation  corporation  shall  consolidate  its  stock,  property 
or  franchises  with  any  other  railroad  or  transporation  cor- 
poration owning  a  competing  line,  or  purchase  either  di- 
rectly or  indirectly,  any  stock  or  interest  in  a  railroad  or 
transportation  corporation  owning  or  operating  a  competing  ', 
line. 

Taxes.  And  providedi  further,  that  nothing  in  the  fore 
going  provisions  shall  be  held  or  construed  as  curtailing 
the  right  of  this  State,  or  of  the  counties  through  which 
any  such  road  or  roads  may  be  located,  to  levy  and  collect 
taxes  upon  the  same,  and  upon  the  rolling  stock  thereof, 
in  conformity  with  the  provisions  of  the  laws  of  this  State 
upon  that  subject,  and  all  roads  or  branches  thereof  in 
this  State  so  consolidated  with,  purchased  or  leased,  or 
aided  or  extended  into  this  State,  shall  be  subject  to  taxa- 
tion and  to  regulation  and  control  of  its  operation  by  the 
laws  of  this  State  in  all  respects  the  same  as  if  constructed 
by  corporations  organized  under  the  laws  of  this  State. 

Offlce  in  Washington.  And  any  corporation  of  another 
State  or  Territory. or  of  the  United  States,  being  the  pur- 
chaser or  lessee  of  a  railroad  within  this  State,  or  extend- 
ing its  railroad  or  any  portion  thereof  into  or  through 
this  State,  shall  establish  and  maintain  an  office  or  offices 
in  this  State,  at  some  point  or  points  on  its  line,  at  which 
legal  process  and  notice  may  be  served  as  upon  railroi 
corporations  of  this  State. 

Copy  of  charter  to  be  filed.  Provided  further,  that 
fore  any  railroad  corporation  organized  under  the  laws  o( 
any  other  State  or  Territory,  or  of  the  United  States,  sho.U 
be  permitted  to  avail  itself  of  the  benefits  of  this  Act  with 
respect  to  any  railroad  constructed,  or  to  be  constructed 
within  this  State,  such  corporation  shall  file  with  the  secre- 
tary of  State  a  true  copy  of  its  charter  or  articles  of  in- 
corporation, and  otherwise  comply  with  the  laws  of  this 
State  respecting  foreign  corporations  doing  business  within 
the  State. 

Approval  of  railroad  commission  necessary.     Provided, 
that  any  such  consolidation  shall  be  approved  by  the  S 
railroad  commission. 

Limitation  as  to  capital  stock.  Provided  further,  thi 
In  no  case,  shall  the  capital  stock  of  the  company  formed 
by  such  consolidation  exceed  the  sum  of  the  capital  stock 
of  the  companies  so  consolidated,  at  the  par  value  thereof 


icn 


deO,  J 
;h^^ 


Public  Service  Laws 


1409 


Lease,  sale  or  consolidation  legalized — Except  for  com- 
peting lines.  §  2.  Any  sale  or  purchase  of,  and  any  con- 
solidation by  sale,  or  otherwise,  or  any  lease,  or  agreement 
to  sell,  consolidate  with  or  lease,  the  whole  or  any  part 
of  any  railroad,  or  the  branch  lines  of  any  company, 
whether  organized  or  located  within  or  without  this  State, 
with  the  franchises  appertaining  thereto,  to,  from  or  with, 
any  railroad  company  organized  under  the  laws  of  the 
United  States  or  of  tliis  State  or  any  other  State  or  Terri- 
tory, or  any  consolidation  between  such  companies,  here- 
tofore executed  by  the  proper  officers  of  the  respective 
companies,  parties  to  such  sale,  lease  or  consolidation  or 
contract,  is  hereby  legalized  and  made  in  all  respects 
valid  and  binding  from  the  date  of  its  execution;  pro- 
vided, that  the  provisions  of  this  section  shall  not  apply 
when  the  railroads  or  transportation  corporations  in- 
volved are  competing  lines. 

KAILROAD  CROSSINGS — 1909. 

Railroads  shall  not  cross  at  grade — Railroad  commission 
may  permit.  §  1.  That  all  railroads  and  extensions  of  rail- 
roads hereinafter  constructed  within  the  State  of  Wash- 
ington shall  cross  all  established  and  existing  railroads  and 
established  and  existing  highways  by  either  passing  over 
or  under  such  highways  and  railroads  and  shall  not  cross 
the  same  at  grade  without  first  obtaining  the  consent  of  ihe 
railroad  commission  of  Washington  permitting  the  same 
to  be  done,  and  all  highways  and  extensions  of  highways 
hereafter  laid  out  and  constructed  shall  cross  railroads  by 
either  passing  over  or  under  such  railroad  and  shall  not 
cross  at  grade  without  first  obtaiuing  the  consent  of  such 
commission  auihorizing  the  same  to  be  done. 

Must  petition  commission  for  grade  crossing.  §  2.  When- 
ever any  railroad  company  desires  to  cross  any  estab- 
lished and  existing  highway  or  railroad  at  grade,  it  shall 
file  with  the  railroad  commission  of  Washington  its  peti- 
tion in  writing  setting  forth  the  objections  and  difficul- 
ties to  making  such  crossing  either  above  or  below  the 
grade  of  such  highway  or  railroad;  and  whenever  the 
county  'commissioners  of  any  county  or  the  municipal  au- 
thorities of  any  city  or  town  desire  to  lay  out  or  extend 
any  highway  over  and  across  any  established  and  exist- 
ing railroad  at  grade,  they  shall  file  with  the  railroad 
commission  of  Washington  their  petition  in  writing  set- 
ting forth  the  objections  and  difficulties  of  making  such 
crossing  either  above  or  [below]  the  grade  of  such  rail- 
road. On  receiving  such  petition  it  shall  be  the  duty  of 
the  railroad  commission  to  immediately  investigate  the 
same,  notifying  the  railroad  company  and  the  county  or 
municipality  affected  thereby  of  the  time  and  place  of 
such  investigation,  to  the  end  that  all  parties  interested 
may  be  present  and  heard  at  such  investigation.  The 
evidence  introduced  shall  be  reduced  to  writing  and  filed 
by  the  commission.  If  the  commission  finds  that  it 
ought  not  to  require  such  highway  or  railroad  to  be  so 
constructed  as  to  cross  above  or  below  the  grade  of  the 
existing  railroad  or  highway,  it  shall  by  resolution  filed 
in  the  cause  and  duly  entered  upon  its  minutes,  grant 
the  right  and  privilege  to  construct  such  railroad  or 
highway  across  such  established  railroad  or  highway  at 
grade.  The  commission  may  in  its  discretion  provide 
that  such  railroad  shall  before  operating  its  trains  over 
any  established  highway,  or  at  any  subsequent  time,  install 
and  maintain  proper  signals,  warnings,  gates  or  other  de- 
vices to  warn  and  protect  the  public,  and  it  may  also 
require  su-ch  railroad  before  oi)erating  its  trains  over  and 
across  such  established  railroad  grade,  or  at  any  subse- 
quent time,  to  install  and  maintain  proper  interlocking 
devices  and  gates  or  flagmen  to  protect  the  traveling  pub- 
lic and  railroad  employes,  and  may  order  the  installa- 
tion and  maintenance  of  proper  signals,  warnings,  gates 
or  other  devices  to  warn  and  protect  the  public,  before 
granting  permission  for  such  highway  to  be  constructed 
across  said  established  railroad  at  grade.  The  cost  and 
expense  of  such  installation  shall  be  apportioned  by  the 
railroad  commission  in  such  manner  as  shall  be  just  and 
equitable  under  the  circumstances  surrounding  each  case. 

This  Act  does  not  apply  to  cities  of  first  class.  §  3.  This 
Act  shall  not  be  construed  as  applying  to  highways  and 
railroads  in  cities  framing  their  own  charters. 

'  RAILROADS  TO  FENCE  RIGHT-OF-WAY — 1907. 

Track  to  he  fenced — Crossings  and  cattle  guards.  §  1. 
Every  person,  company  or  corporation  having  the  con- 
trol   or    management    of    any    railroad    shall,    within    six 


months  after  the  passage  of  this  Act,  outside  of  any 
corporate  city  or  town,  and  outside  the  limits  of  any 
sidetrack  or  switch,  cause  to  be  constructed  and  main- 
tained in  good  repair  on  each  side  of  said  railroad,  along 
the  line  of  said  right-of-way  of  such  person,  company  or 
•corporation  operating  the  same,  a  substantial  fence,  and 
at  every  point  where  any  roadway  or  other  public  high- 
way shall  cross  said  railroad,  a  safe  and  sufficient  cross- 
ing must  be  built  and  maintained,  and  on  each  side  of 
such  crossing  and  at  each  end  of  such  sidetrack  or 
switch,  outside  of  any  incorporated  city  or  town,  a  suffi- 
cient cattle-guard;  provided,  that  any  person  holding  land 
on  both  sides  of  said  right-of-way  shall  have  the  right 
to  put  in  gates  for  his  own  use  at  such  places  as  may 
be    convenient. 

Railroad  liabe  to  damages,  when.  §  2.  Every  such 
person,  company  or  corporation  shall  not  be  liable  for 
railroad  shall  be  liable  for  all  damages  sustained  in  the 
injury  or  killing  of  stock  in  any  manner  by  reason  of  the 
failure  of  such  person,  company  or  corporation  to  con- 
struct and  maintain  such  fence  or  crossing  or  cattle- 
guard;  but  when  such  fences,  crossings  and  guards  have 
been  duly  made,  and  shall  be  kept  jp  good  repair,  such 
person,  company  or  corporation  shall  not  be  liable  for 
any  such  damages,  unless  negligently  or  unlawfully  done. 

Failure  to  fence — Prima  facie  evidence.  §  3.  That  in  all 
actions  against  persons,  'companies  or  corporations,  oper- 
ating steam  or  electric  railroads  in  the  State  of  Wash- 
ington, for  injury  to  stock  by  collision  with  moving 
trains,  it  is  prima  facie  evidence  of  negligence  on  the 
part  of  such  person,  company  or  corporation,  to  show 
that  the  railroad  track  was  not  fenced  with  a  substantial 
fence  or  protected  by  a  sufficient  cattle-guard  at  the  place 
where  the  sto-ck  was  injured  or  killed. 

TRANSPORTATION    OF    LIVE    STOCK— 1893. 

Stock  to  be  unloaded  for  water  and  feeding,  when — 
Penalty.  Ji  4.  Rail  road  companies  in  carrying  or  trans- 
porting animals  shall  not  permit  them  to  be  confined  in 
cars  for  a  longer  period  than  48  consecutive  hours  with- 
out unloading  them  for  rest,  water  and  feeding  for  a 
period  of  at  least  two  consecutive  hours,  unless  pre- 
vented from  BO  unloading  them  by  unavoidable  accident. 
In  estimating  such  confinement,  the  time  during  which 
the  animals  have  been  confined  without  such  rest  on  con- 
necting roads  from  which  they  are  received  shall  be  in- 
cluded. Animals  so  unloaded  shall,  during  such  rest, 
be  properly  fed,  watered  by  the  owner  or  person  having 
the  custody  of  them,  or  in  case  of  his  default  in  so  do- 
ing, then  by  the  railroad  company  transporting  them  at 
the  expense  of  said  owner  or  person  in  custody  thereof, 
and  said  company  shall  in  such  case  have  a  lien  upon 
such  animals  for  food,  care  and  custody  furnished,  and 
shall  not  be  liable  for  such  detention  of  such  animals. 
If  animals  are  transported  where  they  can  and  do  have 
proper  food,  water,  space  and  opportunity  for  rest,  the 
foregoing  provision  in  regard  to  their  being  unloaded 
shall  not  apply.  Violators  of  this  section  shall  be  pun- 
ished  by  fine  not  exceeding  $100. 

IlIPORTATION  OF  HORSES,   CATTLE  OR   SWINE. 

Animals  must  be  free  from  certain  diseases — Certificate 
of  health — Special  permit.  §  1.  (Law  1903,  page  234.) 
That  it  shall  be  unlawful  to  bring  into  the  State  of 
Washington  any  horses,  swine  or  cattle  for  work,  feed- 
ing, breeding  or  dairy  purposes;  provided,  however, 
that  shipments  of  horses,  cattle  and  swine  may  be 
brought  into  the  State  of  Washington  after  said 
horses,  cattle  and  swine  have  been  examined  and 
found  free  from  the  following  contagious  diseases: 
Glanders,  farcy,  tuberculosis,  actinomycosis,  rinderpest, 
foot  and  mouth  diseases,  contagious  abortion,  contagious 
keratitis,  scabies,  maladieu  coit,  swine  plague  and  hog 
cholera,  and  a  bill  of  health  and  a  permit  given  by  a 
State  veterinarian,  and  assistant  State  veterinarian,  a 
veterinarian  of  the  United  States  Bureau  of  Animal  In- 
dustry, or  by  a  veterinary  acting  under  the  order  or  di- 
rection of  the  livestock  sanitary  board  of  any  State;  pro- 
vided, that  in  the  case  of  cattle  over  six  months  of  age 
to  be  used  for  breeding  or  dairy  purposes,  the  non-ex- 
Isten'ce  of  tuberculosis  shall  have  been  determined  by  the 
tuberculin  test  and  certified  to  by  the  veterinary  issuing 
the  above  mentioned  certificate  of  health  and  permit; 
the  certificate  of  health  and  permit  given  by  the  above 


1410 


National  Association  of  Railway  Commissioners 


mentioned  veterinarian  shall  be  given  in  duplicate,  the 
original  of  which  shall  be  forwarded  to  the  State  veteri- 
narian of  Washington,  and  the  duplicate  given  to  the 
railroad  or  transportation  company  to  be  attached  to  the 
bill  of  lading  for  said  animals;  and  no  railroad  or  trans- 
portation company — which  is  meant  to  include  boats, 
ferries  and  bridges — shall  accept  any  such  animals  for 
shipment  into  the  State  of  Washington  for  work,  feed- 
ing, breeding  or  dairy  purposes  without  the  bill  of  health 
and  permit  therein  provided  for,  and  no  railroad  or  trans- 
portation company  shall  a-ocept  from  its  connecting  lines 
any  animal  shipped  in  violation  of  this  Act;  provided, 
that  where  shipment  of  horses,  cattle  or  swine  is  pre- 
sented at  the  nearest  point  of  importation  fnto  the  State, 
without  the  above  mentioned  certificate  and  permit,  that 
such  shipment  of  horses,  cattle  or  swine  may  be  granted 
a  special  permit  for  importation  upon  application  to  the 
State  veterinary  surgeon,  who  may  issue  such  special  per- 
mit; such  animals,  however,  shall  enter  in  quarantine  and 
shall  be  subject  to  inspection  at  point  of  destination,  by 
the  State  veterinary  surgeon  or  his  deputies,  and  for  such 
Inspection,  where  the  tuberculin  test  is  given  to  any  cat- 
tle, a  fee  of  $2.00  and  for  the  physical  inspection  of  horses, 
cattle  and  swine  a  fee  of  $1.00  per  head  shall  be  paid  by  tne 
owner. 

Fees  must  he  remitted  to  Btate  treasurer.  §1%.  (Laws 
1905,  page  339.)  Any  money  or  moneys  collected  by  the 
State  veterinarian  or  his  deputies  under  this  Act,  shall  be 
turned  over  to  the  State  treasurer  upon  the  first  day  of 
each  month  to  be  turned  into  the  general  fund  of  the 
State. 

Animals  for  exhiUtion  not  subject  to  inspection.  S  2. 
Animals  brought  into  the  State  for  the  purpose  of  exhibi- 
tion at  town,  county,  district  or  State  fairs  shall  not  be 
subject  to  above  regulations;  provided,  however,  that  in 
event  of  sale  being  made  from  such  exhibition,  the  animal 
sold  shall  be  submitted  to  examination  by  the  State  vet- 
erinarian or  his  authorized  deputy  and  thereby  be  subject 
to  the  rules  and  regulations  governing  native  Washington 

Penalty.  §  3.  All  railroad,  live  stock,  transportation  and 
Stockyard  companies  and  their  employes  and  all  other  per- 
sons are  hereby  forbidden  to  bring  horses,  cattle  and  swine 
Into  the  State  except  in  compliance  with  the  foregoing  reg- 
ulations, and  any  violation  of  the  same  will  constitute  a 
misdemeanor  and  be  punished  accordingly. 

APPOINTMENT  OF  ST.\TF,  LTJMBEB  AND  SHINGLE  WEIGHERS — 1895. 

State  weighers— Appointment— Term.  §  1.  That  it  shall 
be  the  duty  of  the  governor  to  appoint  State  weighers,  to 
weigh  all  shingle  and  lumber  to  be  shipped  beyond  the 
limits  of  this  State.  That  there  shall  be  one  weigher 
appointed  for  each  of  the  transcontinental  railroads  run- 
ning into  this  State,  and  that  the  office  of  said  weighers, 
shall  commence  when  this  Act  goes  into  effect.  That  the 
term  of  office  of  said  weighers  shall  be  for  the  period  of 
four  years. 

Removal.  §  2.  That  the  governor  shall  have  the  power, 
and  it  is  hereby  made  hir  duty,  upon  receiving  a  petition 
in  writing  from  five  manufacturers  of  shingles  or  lum- 
ber, complaining  of  the  wrongful  acts  of  any  of  said 
weighers  or  their  deputies,  to  investigate  such  charges 
and  in  his  discretion  to  remove  such  weigher  and  to  ap- 
point a  successor  for  such  weigher. 

Oatn  and  bond— Right  of  action  against  sureties.  §  3. 
That  each  weigher  and  each  deputy  weigher  shall,  before 
entering  upon  the  duties  of  his  office,  take  and  subscribe  an 
oath  that  he  will  faithfully  discharge  the  duties  of  his  office 
to  the  best  of  his  knowledge  and  ability.  Each  weigher 
shall  execute  to  the  State  of  Washington  a  bond  with  two 
or  more  sureties,  to  be  approved  by  the  secretary  of  State, 
in  the  sum  of  $3,000,  conditioned  that  he  and  his  deputies 
will  faithfully  perform  their  duties  as  lumber  and  shingle 
weighers,  and  if  said  lumber  and  shingle  weigher  or  his 
deputy  shall  fail  to  keep  the  conditions  of  said  bond,  then 
the  person  aggrieved  by  his  or  their  wrongful  act  shall 
have  a  right  of  action  against  said  weigher  and  the  sure- 
ties on  said  bond,  and  they  shall  be  liable  on  said  bond  for 
any  judgment  recovered  in  such  action  to  the  amount  of 
the  penalty  of  such  bond.  The  oath  and  bond  shall  be 
filed  with  the  secretary  of  State.    . 

Railroads  to  provide  scales.  §  4.  That  it  shall  be  the 
duty  of  each  of  said  railroads  to  construct  scales  capable 
of  weighing  cars  loaded  with  lumber  or  shingles  shipped 


from  that  portion  of  Washington  west  of  the  Cascade 
mountains  at  some  point  on  their  respective  lines  and 
within  the  limits  of  this  State,  for  the  purpose  of  weigh- 
ing said  lumber  and  shingles;  and  that  it  shall  be  the  duty 
of  each  of  said  railroads  doing  business  east  of  the  Cascade 
mountains  to  maintain  scales  on  the  east  side  of  the 
mountains  and  within  the  limits  of  this  State  for  the  pur- 
pose of  weighing  lumber  and  shingles  manufactured  on 
each  side  of  said  mountains. 

Deputy  iceighers.  §  5.  That  -^ach  weigher  shall  have 
the  right  to  appoint  one  or  more  deputy  weighers. 

Shipments  going  outside  Stale.  §  6.  That  all  lumber 
and  shingles  to  be  shipped  beyond  the  limits  of  this  State 
by  railroad  shall  first  be  weighed  by  said  weigher  or  his 
deputy  at  the  place  where  said  scales  are  located. 

Failure  to  weigh  before  shipping — Penalties.  §  7.  If. 
any  lumber  or  shingles  shall  be  shipped  beyond  Ihe  limits 
of  this  State  by  any  railroad  company  before  being 
weighed  by  said  weigher  or  his  deputy,  said  railroad  shall 
be  compelled  to  accept  the  weight  named  in  the  affidavit 
(if  there  be  any  affidavit)  attached  to  the  bill  of  lading, 
and  in  all  cases  where  there  is  no  such  affidavit  attached 
said  cars  of  shingles  or  lumber  shall  be  weighed  by  said 
weigher  in  every  instance;  any  failure  to  comply  with  the 
above  requirements  shall  be  adjudged  a  misdemeanor,  and 
on  conviction  thereof  shall,  for  each  offense,  be  fined 
in  any  sum  not  less  than  $500  nor  more  than  $2,000. 

Weigher's    bill — Copies — Certificate.      §  8.       That     up 
weighing    said    shingles    or    lumber,    the    weigher    or 
deputy  shall  make  out  a  bill,  stating  therein  the  names  of 
the  consignor  and  the  consignee,  the  desti^ation  of  said 
car  of  shingles  or  lumber  and  the  place  from  which  said     i 
car   was    billed,    the    name    of    the   railroad    owning   such     ! 
car,  and  the  number  of  said  car,  together  with  the  number 
of  shingles  or  amount  of  lumber  said  to  be  contained  in 
such  car,  and  the  total  weight  of  shingles  or  lumber  con-    , 
tained   therein.     That   he  shall  enter  upon   the  books  of    i 
his  office,  to  be  provided  by  him  and  kept  for  that  purpose, 
a  correct  copy  of  said  bill,  and  shall  mail  or  deliver  to  the 
consignee  two  correct  copies  of  said  bill,  and  to  the  agent 
of  the  railroad  over  which  said  car  is  shipped  one  correct 
copy  of   said   bill,   with   the   certificates   thereto  attached, 
and    that    it    is    a    true    and    correct    bill,    which    bill    so 
certified  shall  be  presumptive  evidence  of  the  facts  thereJi 
contained. 

Fees.  §  9.  That  each  weigher  or  his  deputy  shall  _ 
ceive  and  collect  from  the  railroad  by  which  said  lumber  ol 
shingles  were  received,  the  sum  of  50  cents  a  car  for  each 
and  ever.V  car  of  lumber  or  shingles  weighed   by  him. 

Basts  of  weight.  §  10.  When  any  cars  shall  have  been 
weighed,  as  herein  designated,  the  said  weight  shall  con- 
stitute the  basis  by  which  the  weight  of  said  lumber  or 
shingles  shall  be  determined. 


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LUMBER  CABS  WEIGHED  AT  COMMON  POINTS — 1905. 

Scales  and  weighing.  §  1.  That  all  railroad  companies 
operating  as  common  carriers  within  the  limits  of  this 
State  shall  hereafter  be  required  to  provide  scales,  and 
weigh  at  junction  or  at  some  common  point  within  this 
State  all  cars  loaded  with  lumber,  shingles  or  ot 
forest  i)roducts  for  shipment. 

Freight  charges — Bills  of  lading.  §  2.  All  charges 
freight  on  said  commodities,  except  where  error  is  ap- 
parent, shall  be  based  on  the  weights  determined  by  the 
weighing  stations  within  the  limits  of  this  State,  and  all 
bills  of  lading  of  railroad  companies  operating  within  the 
limits  of  this  State  shall  specify  these  provisions;  provided 
this  Act  shall  not  apply  to  switching  charges  or  to  the 
handling  of  logs  where  the  charge  is  by  the  car  or  b> 
the  thousand  feet. 

Statement  showing  weights — Errors.  §  3.  Any  railroac 
company's  employe  acting  as  weigher  shall  upon  request 
of  any  shipper  give  him  a  statement  showing  gross  and 
net  weight  of  any  shipment  by  him.  Sworn  count  ,anc' 
weight  of  shipper  shall  be  presumptive  evidonee  of  true 
weight  where  error  in  railroad  weights  is  apparent. 

Manner  of  weighing.  §  4.  All  cars  shall  be  weighed  or 
the  scales  separately,  and  not  attached  to  other  cars,  and 
at  a  standstill. 

Penalty.  §  5.  In  case  of  violation  of  the  provisions  o' 
this  Act  by  any  railroad  company,  it  shall  pay  a  penalty  of 
$20  for  every  car  it  shall  neglect  to  weigh  and  bill  within 
the  State  as  above  provided,  to  be  recovered  from   such 


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company  in  action  where  there  is  any  agent  of  such  rail- 
road company  who  may  be  served  with  process,  and  the 
penalties  recovered  under  this  Act  shall  be  paid  ihto  the 
county  treasury  in  such  county  where  action  is  taken. 

Shipper  and  carrier  may  contract.  §  6.  Nothing  con- 
tained in  this  bill  shall  interfere  with  the  right  of  the 
shipper  and  carrier  to  enter  into  a  private  contract  re- 
garding weights   when   it  is  impracticable  to  weigrh. 

EQUIPMENT  OF  FLAT  CABS  WITH  STAKES,  STANDARDS,  ETC. — 1907. 

Equipment  prescribed — Part  of  car.  %  1.  The  stakes, 
standards,  supports,  stays,  railings  and  other  equipments, 
appliances  and  contrivances  necessary  to  effectually  and 
suitably  equip  and  supply  every  and  all  fiat  cars,  and  cars 
belonging  to  any  and  every  railroad  company,  or  person 
engaged  in  the  business  of  carrying  for  hire  in  this  State, 
shall  constitute  and  be  held  considered  part  and  parcel  of 
said  cars,  and  the  weight  of  the  same  shall  be  added  to  the 
weight  of  the  cars,  and  shall  be  deducted  from  the  weight 
of  the  cargo,  commodity  or  product  shipped  on  any  and  all 
such  flat  car  or  cars  so  that  the  freight  charges  shall 
be  charged  by  the  carrier  only  on  the  cargo,  commodity  or 
product  carried. 

Shipper  may  provide.  §  2.  Whenever  any  railroad  com- 
pany or  any  person  engaged  in  the  business  of  carrying 
for  hire  in  this  State  shall  set  in  or  furnish  any  person  or 
persons  any  flat  car  or  cars  that  is  or  are  not  provided  with 
stakes,  standards,  supports,  stays,  railings  and  other 
equipments,  appliances  ,and  contrivances  necessary  to 
effectually  and  suitably  equip  and  supply  every  and  all 
such  flat  car  or  cars  for  the  purpose  of  loading  and  trans- 
porting goods,  commodities  or  products,  and  it  shall  be 
necessary  and  requisite  that  the  shipper  or  loader  of  any 
goods,  commodities  or  products  shall  furnish  any  stakes, 
standards,  supports,  stays,  railings  and  other  equipments, 
appliances  and  contrivances  necessary  to  effectually  and 
suitably  equip  and  supply  such  flat  car  or  cars  for  the  pur- 
pose of  transporting  any  goods,  commodities  or  products, 
the  carrier  or  railroad  company,  or  person  engaged  in 
the  business  of  carrying  for  hire,  shall  pay  to  the  shipper 
or  loader  of  any  such  flat  car  or  cars  the  cost  and  ex- 
pense of  placing  on  any  and  all  of  such  flat  car  or  cars 
stakes,  standards,  supports,  stays,  railings  or  other  equip- 
ments, appliances  and  contrivances  necessary  to  effectu- 
ally and  suitably  equip  or  supply  every  and  all  such  flat 
car  or  cars. 

CABOOSE  CARS — 1909. 

Specifications.  §  1.  It  shall  be  unlawful  for  any  per- 
son, corporation  or  company  operating  any  railroad  or 
railway  in  this  State  to  require  or  permit  the  use  of  any 
caboose  cars,  unless  said  caboose  cars  shall  be  at  least  24 
feet  in  length,  exclusive  of  platforms,  and  shall  be  pro- 
vided with  a  door  in  each  end  thereof,  and  with  suitable 
water  closets,  cupolas,  platforms,  guardrails,  grabirons  and 
steps  for  the  safety  of  persons  in  alighting  or  getting  on 
said  caboose  cars  and  said  caboose  cars  shall  be  equipped 
with  at  least  two  four-wheel  trucks  and  an  operative  hand 
brake  on  each  end;  provided,  however,  that  this  Act  shall 
not  apply  to  logging  railways  upon  which  passengers  are 
not  regularly  carried  for  hire. 

Penalty.  §  2.  Any  person,  corporation  or  company  op- 
erating any  railroad  or  railway  in  this  State,  violating 
any  of  the  provisions  of  §  1  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  ?500,  nor  more  than  $1,000,  for 
each  offense.  . 

Dates  when  effective.  §  3.  This  Act  shall  be  in  force 
and  take  effect  from  and  after  the  first  day  of  January, 
1910;  provided,  that  caboose  cars  not  conforming  to  the 
above  requirements  may  be  operated  on  branch  lines  not 
exceeding  100  miles  in  length,  and  on  work  trains,  until 
January  1,  1911. 

FROGS    AND    SWITCHES    TO    BE    GUARDED FLAGMEN    MUST    SPEAK 

ENGLISH — 1907. 

Frogs,  switches  and  guardrails — Flagman.  §  1.  Any 
person  or  persons,  railroad  companies  or  corporations, 
owning  or  operating  a  railroad  or  railroads  in  this  State, 
shall  be  and  are  hereby  required  on  or  before  tne  first  day 
of  October,  1899,  to  so  adjust,  fill,  block  and  securely  guard 
the  frogs,  switches  and  guardrails  on  their  roads  as  to 
protect  and  prevent  the  feet  of  employes  and  other  per- 
sons from  being  caught  therein.  That  any  railroad  op- 
erating within  this  State  shall  not  employ  or  use  as  flag- 


man any  person  or  persons  who  cannot  read,  write  and 
speak  the  English  language. 

Liability  for  damages.  §  2.  Any  person  or  persons,  rail- 
road companies  or  corporations,  owning  or  operating  a 
railroad  or  railroads  in  this  State,  shall  be  liable  for  any 
damage  received  from  a  failure  to  comply  with  the  pro- 
visions of  this  Act;  such  damages  to  be  recovered  by  the 
parties  entitled  to  recover  as  provided  in  §§  137,  138  and 
139  of  vol.  2  of  Hill's  Annotated  Codes  and  Statutes  of 
Washington,  being  §§  4827,  4828  and  4829,  Ballinger's  An 
notated  Codes  and  Statutes  of  Washington. 

Penalty.  §  3.  Any  person  or  persons,  railroad  com- 
panies or  corporations,  owning  or  operating  any  railroad 
in  this  State,  failing  to  comply  with  the  provisions  of  this 
Act  within  the  time  limited,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  fined  in 
any  sum  not  less  than  $500  nor  more  than  $2,000. 

MISCELLANEOUS    REGULATIONS — 1909. 

Engineer  who  cannot  read.  §  274.  Every  person  who, 
as  an  oflicer  of  a  corporation  or  otherwise,  shall  knowingly 
employ  as  an  engineer  or  engine  driver,  to  run  a  locomo- 
tive or  train  on  any  railway,  any  person  who  cannot  read 
time  tables  and  ordinary  handwriting;  and  every  person 
who,  being  unable  to  read  time  tables  and  ordinary  hand- 
writing, shall  act  as  an  engineer  or  run  a  locomotive  or 
train  on  any  railway,  shall  be  guilty  of  a  gross  misde- 
meanor. 

Intoxication  of  employes.  §  275.  Every  person  who. 
being  employed  upon  any  railway,  as  engineer,  motorman. 
gripman,  conductor,  switch  tender,  fireman,  bridge  tendur, 
flagman  or  signalman,  or  person  having  charge  of  sta- 
tions, starting,  regulating  or  running  trains  upon  a  rail- 
way, or  person  employed  as  captain,  engineer  or  other 
oflScer  of  a  vessel  propelled  by  steam,  or  being  the  driver 
of  any  animal  or  vehicle  upon  any  public  street,  shall  be 
intoxicated  while  engaged  in  the  discharge  of  any  such 
duties,  shall  be  guilty  of  a  gross  misdemeanor. 

Failure  to  ring  bell.  §  276.  Every  engineer  driving  a  lo- 
comotive on  any  railway  who  shall  fail  to  ring  the  bell  or 
sound  the  whistle  upon  such  locomotive,  or  cause  the  s^me 
to  be  rung  or  sounded  at  least  80  rods  from  any  place 
where  such  railway  crosses  a  traveled  road  or  street  on 
the  same  level  (except  in  cities),  or  to  continue  the  ring- 
ing of  such  bell  or  sounding  of  such  whistle  until  such 
locomotive  shall  have  crossed  such  road  or  street,  shall  be 
guilty  of  a  misdemeanor. 

Other  violations  of  duty.  §  277.  Every  engineer,  motor- 
man,  gripman,  conductor,  brakeman,  switch  tender,  train 
dispatcher  or  other  officer,  agent  or  servant  of  any  rail- 
way company,  who  shall  be  guilty  of  any  wilful  violation 
or  omission  of  his  duty  as  such  officer,  agent  or  servant, 
by  which  human  life  or  safety  shall  be  endangered,  for 
which  no  punishment  is  specially  prescribed,  shall  be 
guilty  of  a  misdemeanor. 

Obstructing  and  delaying  train.  §  278.  Every  person 
who  shall  wilfully  obstruct,  hinder  or  delay  the  passage 
of  any  car  lawfully  operated  upon  any  railway,  shall  be 
guilty  of  a  misdemeanor. 

Operating  engine  without  spark  arresters.  §  272.  Every 
person  who  shall  operate  or  permit  to  be  operated  in  dan- 
gerous proximity  to  any  brush,  grass  or  other  inflammable 
material,  any  engine  or  boiler  which  is  not  equipped  with 
a  modern  spark  arrester,  in  good  condition,  shall  be  guilty 
of  a  misdemeanor. 

Comm,on  carrier  not  to  permit  drinking  in  public  con- 
veyance. §  442.  'Every  person  engaged  wholly  or  in  part 
in  the  business  of  carrying  passengers  for  hire,  and  every 
agent,  servant,  or  employe  of  such  person,  who  shall  know- 
ingly permit  any  person  to  drink  any  intoxicating  liquor 
in  any  public  conveyance,  except  in  the  compartment 
where  such  liqor  is  sold  or  served  under  the  authority  of 
a  license  lawfully  issued,  shall  be  guilty  of  a  misde- 
meanor. 

HOURS    OF    SERVICE    OF    E.MI'LOYES — 1907. 

Sixteen-hour  lata.  §  1.  It  shall  be  unlawful  for  any  com- 
mon carrier  by  railroad,  or  any  of  its  officers  or  agents,  to 
require  or  permit  any  employe  engaged  in  or  connected 
with  the  movement  of  any  train  to  remain  on  duty  more 
than  16  consecutive  hours,  except  when  by  casuality  oc- 
curring after  such  employe  has  started  on  his  trip;  or, 
except  by  accident  or  unavoidable  delay  of  trains  sched- 
uled to  make  connection   with  the  train  on  which  such 


1412 


Natioxal  Association  of  Railway  Commissioners 


employe  is  serving,  he  is  prevented  from  reaching  his 
terminal;  or,  to  require  or  permit  any  such  employe  who 
has  heen  on  duty  16  consecutive  hours  to  go  on  duty  with- 
out having  had  at  least  10  hours  off  duty;  or,  to  require 
or  permit  any  such  employe  who  has  been  on  duty  16 
hours  in  the  aggregate  in  any  24-hour  period  to  continue 
on  duty  without  having  had  at  least  eight  hours  off  duty 
within  the  24-hour  period. 

Penalty — Attorney-general — Railroad  commission.  §  2. 
I  That  any  such  common  carrier,  or  any  of  its  officers  or 
agents  violating  any  of  the  provisions  of  this  Act  is  hereby 
declared  to  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  liable  to  a  penalty  of  not  less  than 
?100  or  more  than  $1,000  for  each  and  every  such  viola- 
tion, to  be  recovered  in  a  suit  or  suits  to  be  brought  by 
the  attorney-general;  and  it  shall  be  the  duty  of  the  attor- 
ney-general to  bring  such  suits  upon  duly  verified  infor- 
mation being  lodged  with  him  of  such  violation  having 
occurred,  in  any  Superior  Court;  and  it  shall  also  be  the 
duty  of  the  railroad  commission  to  fully  investigate  all 
cases  of  the  violation  of  this  Act,  and  to  lodge  with  the 
attorney-general  information  of  any  such  violation  as  may 
come  to  its  knowledge. 

UNIFOBMS    OF   RAILWAY   EMPLOYES 1907. 

Requiring  employes  to  buy  from  particular  source  for- 
Mdden.  §  1.  It  shall  be  unlawful  for  any  railroad  or  other 
transportation  company  doing  business  in  the  State  of 
Washington,  or  of  any  officer,  agent  or  servant  of  such 
railroad  or  other  transportation  company,  to  require  any 
conductor,  engineer,  brakeman,  fireman,  purser,  or  other 
employe,  as  a  condition  of  his  continued  employment,  or 
otherwise  to  require  or  compel,  or  attempt  to  require  or 
compel,  any  such  employes  to  purchase  of  any  such  rail- 
road or  other  transportation  company,  or  of  any  particu- 
lar person,  firm  or  corporation  or  at  any  particular  place 
or  places,  any  uniform  or  other  clothing  or  apparel,  re- 
quired by  any  such  railroad  or  other  transportation  com- 
pany to  be  used  by  any  such  employe  in  the  performance 
of  his  duties  as  such;  and  any  such  railroad  or  transporta- 
tion company  or  any  oiBcer,  agent  or  servant  thereof,  who 
shall  order  or  require  any  conductor,  engineer,  brake- 
man,  fireman,  purser,  or  other  person  in  its  employ,  to 
purchase  any  uniform  or  other  clothing  or  apparel  as 
aforesaid,  shall  be  deemed  to  have  required  such  purchase 
as  a  condition   of  such   employe's  continued   employment. 

Penalty.  §  2.  Any  railroad  or  other  transportation  com- 
pany doing  business  in  the  State  of  Washington,  or  any 
officer,  agent  or  servant  thereof,  violating  any  of  the  pro- 
visions of  this  Act,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by 
a  fine  in  any  sum  not  less  than  $100,  nor  more  than  $500, 
or  by  imprisonment  in  the  county  jail  of  the  county  where 
the  misdemeanor  is  committed  not  exceeding  six  months. 

"blacklisting" — 1899. 
"Blacklisting,"  etc.,  prohibited — Penalties.  §  1.  Every 
person  in  this  State  who  shall  wilfully  and  maliciously 
send  or  deliver,  or  make  or  cause  to  be  made,  for  the  pur- 
pose of  being  delivered  or  sent,  or  part  with  the  posses- 
sion of  any  paper,  letter  or  writing,  with  or  without  name 
signed  thereto,  or  signed  with  a  fictitious  name,  or  with 
any  letter  mark  or  other  designation,  or  publish  or  cause 
to  be  published  any  statement  for  the  purpose  of  prevent- 
ing any  other  person  from  obtaining  employment  in  this 
State  or  elsewhere,  and  every  person  who  shall  wilfully 
and  maliciously  "blacklist"  or  cause  to  be  "blacklisted" 
any  person  or  persons,  by  writing,  printing  or  publishing, 
or  causing  the  same  to  be  done,  the  name,  or  mark,  or 
designation  representing  the  name  of  any  person  in  any 
paper,  pamphlet,  circular  or  book,  together  with  any 
statement  concerning  persons  so  named,  or  publish 
or  cause  to  be  published  that  any  person  is  a  meu- 
ber  of  any  secret  organization,  for  the  purpose  of  prevent- 
ing such  person  from  securing  employment,  or  who  shall 
wilfully  and  maliciously  make  or  issue  any  statement  or 
paper  that  will  tend  to  influence  or  prejudice  the  mind 
of  any  employer  against  the  person  of  such  person  seek- 
ing employment,  or  any  person  who  shall  do  any  of  the 
things  mentioned  in  this  section  for  the  purpose  of  caus- 
ing the  discharge  of  any  person  employed  by  any  railroad 
or  other  company,  corporation,  individual  or  individuals, 
shall,  on  conviction  thereof,  be  adjudged  guilty  of  a  mis- 
demeanor and  punished  by  a  fine  of  not  less  than  $100 
nor  more  than  $1,000,  or  by  imprisonment  in  the  county 


jail  for  not  less  than  90  days  nor  more  than  one  year,      J 
or   by   both  such   fine   and  imprisonment.  ) 

PUBLIC    WAREHOUSES   AND    GR.\IN    INSPECTION — 1909. 

Railroad  commission  to  supervise.  §  136.  The  railroad 
commission  of  the  State  of  Washington  shall  exercise 
general  supervision  over  the  handling,  weighing,  inspec- 
tion and  storage  of  grain  and  hay,  and  the  management  of 
public  warehouses.  Such  commission  shall  investigate  all 
complaints  of  fraud  or  injustice  in  the  grain  and  hay  trade, 
fix  the  charges  of  public  warehouses,  and  make  all  nec- 
essary rules  and  regulations  for  carrying  out  and  enforc- 
ing the  provisions  of  this  Act  and  of  all  laws  of  the  State 
relating  to   this   subject. 

Chief  inspector,  qualifications,  bond,  oath,  salary.  §  2. 
The  railroad  commission,  with  the  approval  of  the  gov- 
ernor, shall  appoint  a  chief  inspector,  who  shall  be  thor- 
oughly familiar  with  the  grains  of  Washington,  and  shall 
have  had  at  least  five  years'  experience  in  handling  said 
grains.  He  shall,  before  entering  upon  the  duties  ot  his 
office,  give  a  surety  bond  (the  cost  of  said  bond  to  be 
paid  by  the  State)  to  the  State  of  Washington  in  the  sum 
of  $10,000,  to  be  approved  by  the  railroad  commission  and 
the  attorney-general,  and  conditioned  upon  the  faithful 
discharge  of  his  duties,  and  take  the  usual  oath  required 
of  State  officers.  He  shall  receive  a  salary  of  $2,000  per 
annum  and  shall  reside  at  Tacoma. 

Inspectors  and  weighers — Chief  deputies — Qualificatioi.s 
and  salaries.  §  3.  The  chief  inspector  with  the  approval 
of  the  railroad  commission  shall  appoint  such  number  of 
inspectors  and  weighers  as  may  be  necessary  to  properly 
and  thoroughly  inspect  the  grain  and  hay  as  received  and 
to  carry  out  the  provisions  of  this  Act.  The  duties  of 
the  inspectors  and  weighers  may  be  interchangeable.  One 
of  such  inspectors  in  each  of  the  cities  of  Seattle,  Tacoma, 
Spokane  and  such  other  cities  as  may  be  designated  by 
the  railroad  commission,  shall  be  styled  chief  deputy  in- 
spector. Such  chief  deputy  inspectors  shall  be  expert  grain 
men  with  at  least  three  years'  experience  in  handling 
grain  in  Washington.  The  chief  deputy  Inspectors  shall 
each  give  a  surety  bond  (the  cost  of  said  bonds  to  be  paid 
by  the  State)  to  the  State  of  Washington  in  the  sum  of 
$5,000,  to  be  approved  by  the  railroad  commission  and 
the  attorney-general,  conditioned  upon  the  faithful  dis 
charge  of  their  duties.  Such  chief  deputies  shall  receive 
a  salary  of  $1,500  per  annum.  All  other  inspectors  and 
weighers  shall  give  bond  (the  cost  of  said  bonds  to  be 
paid  by  the  State)  to  the  State  of  Washington  in  the  sum' 
of  $3,000,  to  be  approved  by  the  railroad  commission  and 
the  attorney-general,  conditioned  upon  the  faithful  dis- 
charge of  their  duties,  and  the  salaries  of  such  other  in- 
spectors and  weighers  shall  not  exceed  $100  per  month. 
The  chief  deputy  inspectors,  inspectors  and  weighers  shall 
be  required  to  take  an  oath  to  faithfullv  perform  their 
duties. 

Bonds  of  inspectors,  etc.,  and  warehousemen,  filing,  ao 
tion  upon.  §  4.  The  bonds  given  by  the  chief  inspector,'' 
his  deputies  and  weighers,  and  all  warehouses,  shall  be 
filed  in  the  office  of  the  secretary  of  State  of  the  State 
of  Washington,  and  any  person  injured  by  any  official  act 
or  the  neglect  of  duty  of  any  such  inspector  or  weigher, 
or  by  reason  of  neglect  or  failure  of  such  inspector, 
weigher  or  warehouseman  to  comply  with  the  provisions 
of  this  Act  or  of  the  rules  and  regulations  of  the  railroad 
commission,  shall  have  a  right  of  action  upon  such  official 
bond  for  the  recovery  of  all  damages  suffered  thereby. 

Inspectors,  etc.,  personal  interest  forbidden.  §  5.  No 
chief  inspector,  deputy  inspector  or  weigher  shall,  dunng 
his  term  of  office,  be  interested  directly  or  indirectly  in 
the  handling,  storing,  shipping,  purchasing  or  selling  of 
grain  or  hay. 

Misconduct  of  weighers,  inspectors  and  others,  penalties. 
§  6  Any  weigher  or  inspector  of  grain  or  hay,  who  shall  be 
guilty  of  any  neglect  of  duty,  or  who  shall  knowingly  or 
carelessly  inspect  or  weigh  any  grain  or  hay  improperly, 
or  who  shall  directly  or  indirectly  accept  any  money 
or  other  consideration  for  any  neglect  of  duty  or  any  im- 
proper performance  of  duty  as  such  inspector  or  weigher 
of  grain  or  hay,  or  any  person,  persons,  corporation  or 
agent  who  shall  improperly  influence  or  attempt  to  im- 
properly influence  any  inspector  or  weigher  of  grain  or 
hay  in  the  performance  of  his  duties  as  such  inspector  or 
weigher,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  not  less  than  $100 
nor  more  than  $1,000,  in  the  discretion  of  the  court. 


oi 
nd       ; 

I 

im     1 


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Public  Service  Laws 


1413 


What  cities  shall  have  State  inspection  and  weighing. 
§  7.  The  cities  of  Seattle,  Tacoma,  Spokane,  and  such  other 
cities  as  the  railroad  commission  may  Irom  time  to  time 
designate,  are  hereby  provided  with  State  inspection  and 
weighing  under  this  Act;  provided,  that  the  expenditures 
for  inspection  and  weighing  at  such  other  places  desig- 
nated shall  not  exceed  the  receipt  of  fees  at  such  place  or 
places,    so    as    to    make    this    department    self-sustaining. 

Inspectors  and  weighers,  removal,  payment — Appropria- 
tion. §  8.  The  chief  inspector,  his  deputies  or  weighers, 
shall  be  employes  of  the  railroad  commission  and  may 
be  removed  at  any  time  by  the  commission.  They  shall 
be  paid  in  the  same  manner  as  other  employes  of  said 
commission.  The  appropriation  available  for  the  office 
of  the  State  grain  inspector  for  the  biennial  period  be- 
ginning April  1.  1909,  or  so" much  thereof  as  may  remain 
at  the  time  of  the  taking  effect  of  this  Act,  shall  be  credited 
to  the  railroad  commission  and  used  by  it  to  carry  out 
the    provisions    thereof. 

Rates  and  regulations,  commission  empowered.  §  9.  All 
charges  made  by  any  public  warehouseman  subject  to 
the  provisions  of  this  Act  for  the  handling  or  storage  of 
grain  or  hay  shall  be  just,  fair  and  reasonable;  and  the 
railroad  commission  is  hereby  vested  with  power  and 
authority  upon  the  complaint  of  any  person  interested  or 
by  inquiry  upon  its  own  motion,  after  a  full  hearing,  to 
declare  any  existing  charge  for  the  handling  or  storage  of 
grain  or  hay,  or  any  regulation  whatsoever  affecting  such 
charge,  or  the  receipt,  handling  or  storage,  to  be  un- 
reasonable or  unjust,  and  to  declare  and  order  what  shall 
be  a  just  and  reasonable  charge  or  regulation  to  be  im- 
posed or  enforced  in  place  of  that  found  to  be  unreason- 
able or  unjust. 

Procedure.  §  10.  All  provisions  of  law  relating  to  the 
method  of  procedure  by  the  railroad  commission  in  fix- 
ing the  rates  to  be  charged  by  the  railroad  companies  for 
the  transportation  of  freight  and  passengers,  or  the  pro- 
mulgation or  issuance  of  rules  and  regulations,  and  the 
review  of  the  acts  or  orders  of  such  commission  with 
reference  thereto,  and  the  enforcement  of  such  orders, 
shall,  so  far  as  the  same  are  applicable,  govern  the  pro- 
cedure of  such  commission  in  regulating  public  ware- 
houses, and  the  review  and .  enforcement  of  the  acts  and 
orders  of  the  commission  under  the  provisions  of 
this   Act. 

Standard  grades,  how  fixed.  §  11.  The  railroad  commis- 
mission  shall,  qn  or  before  the  20th  day  of  September  .>i 
each  year,  fix  the  standard  grades  of  all  grain  and  hay 
bought  or  handled  by  public  warehouses  in  this  State, 
which  shall  be  known  as  Washington  grades.  For  the 
purpose  of  determining  the  grades  to  be  established  ihe 
railroad  commission  shall  hold  a  public  hearing  and  sub- 
poena such  witnesses  as  it  may  deem  advisable,  one  of 
whom  shall  be  from  eastern  Washington  and  prominently 
identified  with  grain  raising.  The  persons  subpoenaed 
shall  receive  $5  per  diem  for  the  time  they  are  actually 
employed,   and   necessary   traveling   expenses. 

Grades,  rules  and  regulations,  posting.  §  12.  It  shall  be 
the  duty  of  the  chief  inspector  immediately  after  the 
establishment  of  the  graces  as  herein  provided  to  supply 
all  public  warehousemen  with  a  placard  copy  of  such 
grades  and  such  rules  and  regulations  as  may  be  estab- 
lished by  the  railroad  commission,  arid  it  shall  be  the  duty 
of  every  public  warehouseman  to  keep  such  placard  posted 
in  a  conspicuous  place  in  his  office. 

Fees.  §  13.  The  railroad  commission  shall  fix  the  fees 
for  inspection  and  weighing  of  grain  and  hay,  such  fees 
to  be  a  lien  upon  said  grain  and  hay  and  to  be  paid  by  the 
carrier  and  treated  as  adv.ance  charges.  The  railroad  com- 
mission shall  so  adjust  the  fees  to  be  collected  under  this 
Act  as  to  meet  the  expenses  necessary  to  carry  out  the 
provisions  thereof;  provided,  that  the  fees  fixed  for  weigh- 
ing and  inspection  shall  in  no  case  exceed  75  cents  per 
car  for  sacked  grain,  $1  per  car  for  bulk  grain  and  hay; 
provided,  further,  that  the  railroad  commission  may  fix 
an  additional  fee  of  not  to  exceed  25  cents  per  car  for 
the  inspection  of  sacked  grain,  where  such  car  contains 
more  than  one  grade.  All  moneys  collected  under  the  pro- 
visions of  this  Act  and  all  fines  and  penalties  for  violation 
thereof  shall  be  paid  into  the  State  treasury. 

Inspectors  and  weighers,  powers  and  duties.  §  14.  The 
chief  inspector,  his  deputies  and  weighers,  shall  at  the 
places  provided  for  State  inspection  under  this  Act  have 
exclusive  control   of  the  weighing  and   grading  of  grain 


and  hay  which  may  be  subjBct  to  Inspection  under  the 
provisions  of  this  Act,  and  the  action  and  certificate  of 
such  inspectors  and  weighers  in  the  discharge  of  their 
duties  shall  be  conclusive  upon  all  parties  interested. 
They  shall  keep  suitable  books  of  record  in  which  shall 
be  kept  a  faithful  and  true  record  of  every  car  of  grain 
or  hay  inspected  or  weighed  by  them,  showing  the  number 
and  initial  or  other  designation  of  such  car,  its  weight, 
the  kind  of  grain  or  hay  and  its  grade,  and  if  graded  be- 
low No.  1  grade  the  reason  for  such  grade,  the  amount  of 
fees  and  forfeitures  and  disposition  of  same;  and  for 
each  carload  of  grain  or  hay  inspected  they  shall  give  a 
certificate  of  inspection  showing  the  kind  and  grade  of 
the  same  and  the  reason  for  all  grades  below  No.  1,  the 
number  of  sacks  if  sacked  grain,  wicn  the  grade  or  grades 
and  weight  of  same,  or  the  number  of  bales  of  hay  with 
the  grade  or  grades  and  weight  of  the  same  if  r^uested 
to  do  so  by  consignor  or  consignee.  They  shall  also  fur- 
nish the  agent  of  the  raijroad  company  over  which  such 
grain  or  hay  was  shipped  a  certificate  showing  the  weight 
of  the  grain  or  hay  If  requested  to  do  so.  They  shall  also 
keep  a  true  record  of  all  appeals,  decisions  and  a  compleie 
record  of  every  official  act,  which  books  and  records  shall 
be  open  to  inspection  by  any  party  in  interest. 

Rcinspcction.  §  15.  In  case  any  owner,  consignee,  or 
shipper  of  grain  or  hay,  or  his  agent  or  broker,  or  any  pub- 
lic warehouseman  shall  be  aggrieved  at  the  original  grad- 
ing of  his  grain  or  hay,  such  aggrieved  person  may  before 
or  after  unloading  said  grain  call  upon  the  chief  inspector 
or  his  chief  deputy  for  a  reinspection.  It  shall  thereupon 
be  the  duty  of  such  inspector  to  inspect  carefully  the  same, 
and  if  in  his  opinion  the  grades  should  be  changed  he  snail 
at  once  make  the  change,  but  any  such  reinspection  shall 
be  called  for  within  36  hours  after  the  first  inspection, 
not  counting  Sundays  and  legal  holidays.  A  charge  of 
|1  a  car  in  addition  to  the  regular  charge  for  inspection 
shall  be  paid  to  the  chief  inspector  or  deputy  by  the  per- 
son calling  for  the  reinspection  under  this  section  before 
the  case'is  taken  up,  which  shall  be  returned  to  the  per- 
son paying  it  if  the  decision  is  in  his  favor;  otherwise  it 
shall  be  paid  into  the  State  treasury.  Should  any  owner, 
consignee,  shipper,  or  warehouseman  in  charge  of  such 
grain  or  hay  mingle  it  with  other  grain  before  such  in- 
spection and  thereby  lose  its  identity,  the  person  so  min- 
gling such  grain  or  hay  shall  accept  and  account  for  it  as 
No.  1  in  grade;  provided,  notice  has  been  given  him  that 
such  grain  or  hay  is  to  be  held  for  reinspection. 

Appeal  to  chief  inspector.  §  16.  Appeal  may  be  taken 
to  the  chief  inspector  from  the  decision  of  any  of  his  dep- 
uties as  to  the  grade  of  grain  or  hay,  and  in  case  of  such 
appeal  the  decision  of  the  chief  inspector  shall  be  final 
and  binding  on  all  parties  concerned. 

Sidetracks  and  scales.  S  17.  Every  railroad  or  common 
carrier  delivering  grain  or  bay  in  cars  at  any  of  the  places 
provided  with  State  inspection  under  this  Act  shall  pro- 
vide convenient  and  suitable  sidetracks  at  such  places  as 
the  railroad  commission  may  designate  on  which  all  cars 
of  grain  or  hay  delivered  by  them  shall  upon  arrival  be 
set  and  arranged  convenient  for  inspection,  and  after  in- 
spection such  railroad  company  or  common  carrier  shall 
promptly  distribute  all  such  cars  of  grain  and  hay  and  set 
them  at  the  proper  place  or  places  to  be  unloaded  as  des- 
ignated by  the  consignor  or  consignee.  Such  railroad 
company  or  common  carrier  shall  provide  at  such  place 
or  places  as  the  railroad  commission  may  designate  suit- 
able track  scales  for  weighing  cars  of  grain  or  hay.  Such 
scales  shall  be  under  the  control  of  the  chief  inspector  and 
his  weighers.  It  shall  be  the  duty  of  the  chief  inspector 
or  his  deputies  to  examine,  test  and  require  the  railroad 
company  to  correct  all  scales  so  provided  as  often  as  may 
be  necessary  to  insure  the  correct  weighing  of  grain  or 
hay.  Whenever  scales  have  been  installed  by  any  rail- 
road company  or  common  carrier  as  above  provided,  it 
shall  be  the  duty  of  the  State  weigher  to  use  such  scales 
in  weighing  all  grain  or  hay  received  over  the  line  of 
such  railway;  provided,  that  if  [in]  any  mill  or  terminal 
warehouse  in  inspection  cities  there  are  provided  proper 
scales  and  weighing  facilities,  the  chief  inspector  or  his 
deputies  may  weigh  the  grain  upon  the  scales  so  pro- 
vided. The  chief  inspector  or  one  of  his  deputies  shall,  at 
least  once  each  year,  examine,  test  and  require  to  be  cor- 
rected all  scales  used  in  weighing  grain  or  hay  at  any  pub- 
lic warehouse  in  this  State,  and  after  such  scale  is  tested. 
If  found  to  be  correct  and  in  good  condition,  to  seal  the 


1414 


National  Association  op  Eailwat  Commissionees 


weights  with  a  seal  provided  for  that  purpose  and  issue  to 
the  owner  or  proprietor  of  such  warehouse  a  certificate 
authorizing  the  use  of  such  scales  for  weighing  grain  or 
hay  for  the  ensuing  year  unless  sooner  revoked  by  the 
chief  inspector  or  his  deputy.  If  such  scales  be  found  to 
be  inaccurate  or  unfit  for  use,  the  chief  inspector  or  his 
deputy  shall  notify  the  party  operating  or  using  them, 
and  the  party  thus  notified  shall  at  his  own  expense  thor- 
oughly repair  the  same  before  attempting  to  use  them, 
and  until  thus  repaired  to  the  satisfaction  of  the  in>:pector 
or  his  deputy,  the  certificate  of  such  party  shall  be  sus- 
pended or  revoked  in  the  discretion  of  the  inspector  or  his 
deputy.  The  party  receiving  such  certificate  shall  pay  to 
the  chief  inspector  or  his  deputy  the  sum  of  $1  for  each 
scale,  which  sum  shall  be  paid  into  the  State  treasury. 

Puplic  warehouse  defined.  §  18.  Any  elevator  or  ware- 
house* in  which  grain  or  hay  is  received  from  the  public 
for  storage,  shipment  or  handling  situate  on  the  right  of 
way  of  any  railroad  company,  or  adjacent  thereto,  to  be 
used  in  connection  with  the  line  of  railway  of  such  com- 
pany, at  any  station  or  siding  In  this  State,  shall  be  a 
public  warehouse  within  the  provisions  of  this  Act,  and 
any  person,  firm,  company,  corporation  or  association  of 
persons  owning  or  operating  any  such  elevator  or  ware- 
house shall  be  a  public  warehouseman  within  the  provi- 
sions of  this  Act. 

Licenses,  posting,  fee,  penalty.  §  19.  Any  person,  firm, 
company,  corporation  or  association  of  persons  owning  or 
operating  any  public  warehouse  or  warehouses  in  this 
State,  shall  on  or  before  June  30  of  each  year,  procure 
from  the  railroad  commission  a  license  for  each  such  ware- 
house so  owned  or  operated  for  the  ensuing  year  before 
transacting  business  at  such  public  warehouse.  Such  li- 
cense shall  be  posted  in  a  conspicuous  place  in  the  office 
of  such  warehouse.  The  fee  for  such  license  shall  be  $1 
for  each  public  warehouse,  and  the  railroad  commission 
may  revoke  any  such  license  for  cause  upon  notice  and 
hearing.  Any  person,  corporation  or  association  operat- 
ing any  public  warehouse  in  this  State  without  a  license 
shall  forfeit  to  the  State  for  each  day's  operation  $50,  ar;d 
such  operation  may  be  enjoined  upon  complaint  of  the 
railroad  commission. 

Discriminations,  penalty.  §  20.  If  any  public  warehouse- 
man subject  to  the  provisions  of  this  Act  shall,  directly  or 
indirectly,  by  any  special  charge,  rebate,  drawback  or 
other  device,  demand,  collect  or  receive  from  any  person 
or  persons  a  greater  or  lesser  compensation  for  any  serv- 
ice rendered  or  to  be  rendered  in  the  handling  or  storage 
of  grain  or  hay  than  he  demands,  collects,  or  receivi^s 
from  any  other  person  or  persons  for  doing  for  him  or  tor 
them  a  like  and  contemporaneous  service  in  the  handling 
or  storage  of  grain  or  hay  under  substantially  similar  cir- 
cumstances or  conditions,  or  if  any  such  public  ware- 
houseman shall  make  or  give  any  undue  or  "unreasonaoie 
preference  or  advantage  to  any  person,  company,  firm  or 
corporation  in  any  respect  whatsoever,  or  shall  subject 
any  particular  person,  company,  firm  or  corporation  to 
any  undue  or  unreasonable  prejudice  or  disadvantage  in 
any  respect  whatsoever,  such  warehouseman  shall  forfeit 
and  pay  to  the  State  of  Washington  a  sum  of  not  lets 
than  $100  nor  more  than  $500  for  each  offense,  to  be  re- 
covered in,  a  civil  action  in  the  name  of  the  State  of 
Washington,  such  action  to  be  instituted  by  the  attorney- 
general. 

Warehouseman's  duties — Receipts.  §  21.  Every  public 
warehouseman  shall  receive  for  storage  and  shipment,  so 
far  as  the  capacity  of  his  warehouse  will  permit,  all  gra'ii 
(or  hay  in  a  warehouse  used  for  this  purpose)  in  suitable 
condition  for  storage,  tendered  him  in  the  usual  course  of 
business,  without  discrimination  of  any  kind.  A  ware- 
house receipt  in  form  prescribed  by  the  commission,  con- 
secutively numbered,  shall  be  issued  and  delivered  to  the 
owner  or  his  representative  immediately  upon  receipt  of 
each  load  or  parcel  of  grain  or  hay,  or  as  he  may  demand, 
giving  the  true  and  correct  grade  and  weight  therof; 
provided,  that  upon  request  of  the  owner  grain  or  hay 
may  be  put  in  a  special  pile  or  bin  without  grading,  and 
if  grain  or  hay  has  been  wet  or  damaged  it  shall  be  re- 
ceived and  piled  in  a  special  pile  marked  with  the  dis- 
tinguishing mark,  which  shall  be  shown  on  the  receipt  for 
the  same  and  given  for  the  number  of  sacks  or  bales  only. 
The  failure  to  issue  said  receipt  as  directed,  or  the  issu- 
ance of  slips,  memoranda  or  other  form  of  receipt,  shall 
be  deemed  a  misdemeanor. 


Warehouseman's  duty  on  return  of  receipt.  §  22.  On 
the  return  and  surrender  of  any  receipt  and  payment  of 
lawful  charges,  the  hay  or  grain  represented  therein  shall 
be  immediately  delivered  to  the  owner  or  his  order,  and 
shall  not  be  subject  to  any  further  charge  for  storage  after 
the  demand  for  delivery  shall  have  been  made,  and  facili- 
ties for  receiving  or  shipping  the  same  have  been  pro- 
vided by  such  owner. 

Warehousemen — Annual  report — Bond.  §  23.  On  June 
30  of  each  year  every  public  warehouseman  shall  make 
report  under  oath  to  the  railroad  commission  on  blanks 
or  forms  prepared  by  it  showing  the  total  nuniber  of  sacks 
of  each  kind  of  grain  or  bales  of  hay  received  and  shipped 
from  each  warehouse  licensed  under  this  Act,  and  also  che 
amount  of  outstanding  storage  receipts  on  said  date,  and  a 
statement  of  the  amount  of  grain  or  hay  on  hand  to  cover 
the  same.  Each  person,  firm,  corporation  or  association 
of  persons  operating  any  public  warehouse  subject  to  the 
provisions  of  this  Act  shall,  on  or  before  the  first  day  ct 
August  of  each  year,  give  a  bond  in  good  and  sufficient 
surety  to  the  State  of  Washington,  in  such  sum  as  the 
railroad  commission  may  require,  to  be  approved  by  sue  a 
commission  and  the  attorney-general,  conditioned  upoi 
the  faithful  performance  of  the  acts  and  duties  enjoinel 
upon  them  by  law.  ^1 

Facilities  for  loading  bulk  grain.  §24.  Whenever  ^H 
quired  by  the  railroad  commission  every  railroad  compau/ 
shall  construct  and  maintain  at  each  station  and  sidin; 
in  this  State  suitable  facilities  for  the  purpose  of  loadin; 
bulk  grain  direct  from  wagons  into  cars  for  shipmerr . 
The  railroad  commission  may  require  an  increase  in  sue  i 
facilities  or  additional  facilities  whenever  it  deems  it  nee  - 
essary  for  the  purpose  of  such  loading. 

Inspection — Certificate — Fees.  §  25.  In  case  grain  o  r 
hay  is  sold  for  delivery  on  Washington  grade  to  be  shippe  1 
from  places  provided  with  State  Inspection  under  th!  i 
Act,  or  from  any  other  place,  the  buyer,  seller  or  person ; 
making  the  delivery  may  have  it  inspected  out  by  not 
fying  the  chief  inspector  or  a  chief  deputy,  whose  duty  1". 
shall  be  to  have  such  grain  inspected,  and  after  it  is  ii  • 
spected  to  issue  to  the  buyer,  seller  or  person  deliverin ; 
it  on  request  an  inspector's  certificate  snowing  the  grad  ? 
of  such  grain.  The  person  or  persons  calling  for  such  ii  - 
spection  shall  pay  for  such  inspection  fees  as  follows:  O  i 
lots  from  10  to  50  tons,  5  cents  per  ton;  from  50  to  30  • 
tons,  3  cents  per  ton;  from  300  to  1,000  tons,  2  cents  pe  • 
ton;  for  every  ton  in  addition  to  1,000  tons,  1  cent  pe  • 
ton;  provided,  that  the  above  scale  of  charges  must  be  fc 
a  continuous  delivery  of  the  lot  until  completed.  Th  > 
chief  inspector  or  his  deputies  may  in  their  discretio  i 
make  the  charge  for  such  inspection  50  cents  per  hou  • 
without  reference  to  the  quantity  of  grain  inspected. 

Additional  clerk — Salary — Inspectors'  traveling  expense  . 
§  26.  The  railroad  commission  shall  be  allowed,  at  its  offic ; 
in  Olympia,  one  additional  clerk  for  the  purposes  of  thi  s 
Act  at  a  salary  not  to  exceed  $100  per  month,  to  be  pai  1 
in  the  same  manner  and  out  of  the  same  funds  as  oth(  '■ 
employes  under  this  Act.  The  chief  inspector  and  dapi  • 
ties  shall  be  allowed  necessary  traveling  expenses  whe  i 
engaged  in  the  discharge  of  their  duties. 

Standard  samples.  §  27.  The  chief  inspector  shall  fu  ■ 
nlsh  standard  samples  of  grain  No.  1  Washington  graOe 
to  any  public  warehouseman  in  this  State  or  adjoinlrg 
States  upon  request  and  payment  of  the  cost  thereof. 

Consignments  to  points  outside  State.  §  28.  Any  grain 
or  hay  originally  consigned  to  a  destination  outside  of  tJ  a 
State  shall  not  be  subject  to  State  inspection  or  weighing 
nor  to  the  fees  provided  for  in  this  Act,  unless  it  pas-i;  3 
through  some  mill  or  warehouse,  at  an  inspection  point,  m 
which  case  it  shall  pass  the  regular  weighing  and  inspcv- 
tion  and  pay  the  regular  fees. 

Examination  of  cars.  §  29.  The  chief  inspector  or  ar  y 
deputy  or  weigher  serving  under  him  before  opening  the 
doors  of  any  cars  containing  grain  or  hay  upon  arrival  :»i 
any  of  the  places  designated  herein  for  inspection  shall 
first  ascertain  the  condition  of  such  cars  and  determine 
whether  any  leakages  have  occurred  while  said  cars  were 
in  transit,  whether  or  not  the  doors  were  properly  secunsd 
and  sealed  at  point  of  shipment,  and  shall  make  a  record 
of  such  facts  in  all  cases,  giving  seal  and  plug  numbers. 
After  such  examinations  have  been  made  and  recorded, 
and  the  inspection  of  such  grain  or  hay  has  been  made, 
the  said  officials  shall  securely  close  and  reseal  such  doors 


Public  Service  Laws 


1415 


as  have  been  opened  by  them,  using  the  special  seal  of  iiie_ 
said  State  grain  inspection  department  for  the  purpotic.' 
A  record  of  all  original  seals  broken  by  said  officials  and 
the  date  when  broken,  and  also  a  record  of  all  State  seals 
substituted  therefor,  and  the  date  and  number  of  said 
seals  shall  be  made  by  said  officials. 

Police  and  ivatchmen  for  yards.  §  30.  All  railroad  com- 
panies, warehousemen  and  millers  operating  in  the  cities 
provided  for  Inspection  by  this  Act  shall  furnish  ample 
and  suflSclent  police  protection  at  all  of  their  several  term- 
inal yards  and  terminal  tracks  to  securely  protect  all  cars 
containing  grain  or  hay,  while  the  same  are  in  their  posses- 
sion. They  shall  prohibit  and  restrain  all  unauthorized 
persons,  whether  under  the  guise  of  samplers,  sweepers, 
or  under  any  other  pretext  whatever,  from  entering  or 
loitering  in  or  about  their  railroad  yards  or  tracks  and 
from  entering  any  car  of  grain  or  hay  under  their  control, 
or  removing  grain  or  hay  therefrom,  and  shall  employ  and 
detail  such  number  of  watchmen  as  may  be  necessary  for 
the  purpose  of  carrying  out  the  provisions  of  this  section. 

Penalty  for  violation  of  Act.  §  31.  Any  railroad  com- 
pany or  common  carrier,  and  every  officer,  agent  or  em- 
ploye of  any  railroad  company  or  common  carrier,  and 
every  person,  persons,  corporation  or  association  who  shall 
violate  any  of  the  provisions  of  this  Act  for  which  penal- 
ties are  not  specifically  provided  in  the  various  sections 
thereof  shall,  upon  conviction,  be  fined  and  pay  a  sum  not 
less  than  $100  nor  more  than  $500  for  each  offense. 

PRE\'ENTION  OF  FRAUD  IN  GRAIN  AND  HAY  TRADE — 1911. 

An  Act  for  the  prevention  of  fraud  in  the  grain  and  hay 
trade,  for  the  establishment  and  preservation  of  stand- 
ards    for    grain    and    hay    regulating    warehousemen, 
millers,  shippers  and  buyers  of  hay  and  grain,  defining 
the   duty   of  railroads,    making   an   appropriation,   pro- 
viding penalties  for  the  violation  thereof  and  repealing 
chapter  137  of  the  Session  Laws  of  1909. 
Be  it  enacted  by  the  legislature  of  the  State  of  Washington : 
Definition — Defining  terms.     §  1.    The  term  public  ware- 
house, when  used  in  this  Act,  includes  any  elevator,  mill, 
warehouse  or  structure  in  which  grain  or  hay  is  received 
from  the  public  for  storage,  shipment  or  handling,  when- 
ever such  grain  or  hay  is  carried  or  intended  to  be  carried 
to  or  from  such  warehouse,  elevator,  mill  or  structure  by 
a  common  carrier. 

Terminal  warehouse.  The  term  terminal  warehouse, 
when  used  in  this  Act,  includes  any  public  warehouse  situ- 
ate in  Seattle,  Tacoma,  Spokane  or  other  cities  in  the  State 
which  may  be  hereafter  designated  as  inspection  points. 

Warehouseman.  The  term  warehouseman,  when  used  in 
this  Act,  includes  any  firm,  person,  company,  corporatro.i 
or  association  of  persons  owning,  operating  or  controlling 
any  public  warehouse. 

Commission.  The  term  "commission,"  when  used  in  this 
Act,  means  the  railroad  commission  of  Washington. 

To  investigate  complaints.  §  2.  The  commission  shall 
exercise  general  supervision  over  the  handling,  weighing, 
inspecting  and  storage  of  grain  and  hay,  and  the  manage- 
ment of  public  and  terminal  warehouses.  Such  commis- 
sion shall  investigate  all  complaints  of  fraud  or  injustice 
in  the  grain  and  hay  trade,  fix  the  charges  of  public  and 
terminal  warehouses,  and  make  all  necessary  rules  and 
regulations  for  carrying  out  and  enforcing  the  provisions 
of  this  Act,  and  of  all  laws  of  the  State  relating  to  this 
subject. 

Chief  inspector.  §  3.  The  commission,  with  the  ap- 
proval of  the  governor,  shall  appoint  a  chief  inspector, 
who  shall  be  thoroughly  familiar  with  the  grains  of  Wash- 
ington, and  shall  have  had  at  least  five  years'  experience 
In  handling  said  grains  and  hay.  He  shall,  before  en/er- 
ing  upon  the  duties  of  his  ofiice,  give  a  surety  bond  (the 
cost  of  said  bond  to  be  paid  by  the  State)  to  the  State  of 
Washington  in  the  sum  of  $10,000,  to  be  approved  by  iho 
commission  and  the  attorney-general,  and  conditioned  upon 
the  faithful  discharge  of  his  duties,  and  take  the  usual 
oath  required  of  State  officers.  He  shall  receive  a  salary 
of  $2,000  per  annum,  and  necessary  traveling  expenses,' anil 
shall  reside  at  Tacoma. 

§  4.  The  chief  inspector,  with  the  approval  of  the  com- 
mission, shall  appoint  such  number  of  deputies,  inspectors, 
samplers  and  weighers  as  may  be  necessary  to  properly 
and  thoroughly  inspect  and  weigh  grain  and  hay  received 
and  exported  and  to  carry  out  the  provisions  of  this  Act. 


One  of  such  inspectors  in  each  of  the  cities  of  Seattle,  Ta- 
coma, Spokane  and  such  other  cities  as  may  be  desig- 
nated by  the  commission,  shall  be  styled  chief  deputy  in- 
spector. Such  chief  deputy  inspectors  shall  be  expert  grain 
and  hay  men  with  at  least  three  years'  experience  in 
handling  grain  and  hay  in  Washington.  The  chief  deputy 
inspectors  shall  each  give  a  surety  bond  (the  cost  of  said 
bonds  to  be  paid  by  the  State)  to  the  State  of  Washing- 
ton in  the  sum  of  $5,000,  to  be  approved  by  the  commis- 
■  sion  and  the  attorney-general,  conditioned  upon  the  fa'th- 
ful  discharge  of  their  duties.  Such  chief  deputies  shall 
receive  a  salary  of  $1,500  per  annum,  and  necessary  trav- 
eling expenses.  All  other  inspectors,  samplers  and  weigh- 
ers shall  give  bond  (the  cost  of  said  bonds  to  be  paid  by 
the  State)  to  the  State  of  Washington  in  the  sum  of  $3,000, 
to  be  approved  by  the  commission  and  the  attorney-gen- 
eral, conditioned  upon  tne  faithful  discharge  of  nis  du- 
ties; the  salaries  of  such  inspectors,  samplers  and  weigh- 
ers shall  not  exceed  $100  per  month.  The  chief  deputy  in- 
spector, inspectors,  samplers  and  weighers  shall  be  re- 
quired to  take  an  oath  to  faithfully  perform  their  duties; 
the  duties  of  inspectors,  samplers  and  weighers  may  be 
interchangeable. 

§  5.  The  bonds  of  the  chief  inspector,  his  deputies, 
samplers  and  weighers,  and  all  warehousemen,  shall  be 
filed  in  the  office  of  the  secretary  of  State  of  Washington, 
and  any  person  injured  by  any  official  act  or  the  neglect 
of  duty  of  any  such  inspector,  sampler  or  weigher,  or  by 
reason  of  neglect  or  failure  of  such  inspector,  sampler, 
weigher  or  warehousemen  to  comply  with  the  provisions  of 
this  Act  or  of  the  rules  and  regulations  of  the  commission 
shall  have  a  right  of  action  upon  such  official  bond  for 
the  recovery  of  all  damages  suffered  thereby. 

§  6.  No  chief  inspector,  deputy  inspector,  sampler  or 
weigher  shall,  during  his  term  of  office,  be  interested  di- 
rectly or  indirectly  in  the  handling,  storing,  shipping,  pur- 
chasing or  selling  of  grain  or  hay. 

§  7.  Any  inspector,  sampler  or  weigher  of  grain  or 
hay  who  shall  be  guilty  of  any  neglect  of  duty,  or  who 
shall  knowingly  or  carelessly  inspect,  sample  or  weigh  any 
grain  or  hay  improperly,  or  who  shall  directly  or  indi- 
rectly accept  any  money  or  other  consideration  for  any 
neglect  of  duty  or  any  improper  performance  of  duty  as 
such  inspector,  sampler  or  weigher  of  grain  or  hay,  or  any 
person,  persons,  corporation  or  agent  who  shall  improperly 
influence  or  attempt  to  improperly  influence  any  inspector, 
sampler  or  weigher  of  grain  or  hay,  in  the  performance 
of  his  duties  as  such  inspector,  sampler  or  weigher,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  $100  nor  more  than 
$1,000,  or  imprisoned  in  the  county  jail  not  less  than  six 
months  nor  more  than  one  year,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

§  8.  The  cities  of  Seattle,  Tacoma  and  Spokane  shall 
be  provided  with  State  inspection  and  weighing  under  this 
Act.  Such  other  cities  and  towns  where  grain  and  hay  is 
received  in  carload  lots  or  by  water  craft,  and  the  ship- 
ments are  such  as  would  reasonably  justify  and  render 
necessary  the  inspection  of  grain  or  hay,  may  be  desig- 
nated by  the  commission  as  inspection  points  and  be  pro- 
vided with  State  inspection  and  weighing;  provided,  that 
the  expenditure  for  the  inspection  and  weighing  at  the 
points  designated  by  the  commission  shall  not  exceed  the 
receipts  of  fees  at  such  place  or  places. 

§  9.  The  chief  inspector,  his  deputies,  samplers  and 
weighers  shall  be  employes  of  the  commission  and  may  be 
removed  at  any  time  by  the  commission.  They  shall  be 
paid  in  the  same  manner  as  other  employes  of  said  com- 
mission. 

§  10.  All  charges  made  by  any  public  warehouseman 
subject  to  the  provisions  of  this  Act  for  the  handling  or 
storage  of  grain  and  hay  shall  be  just,  fair  and  reason- 
able; and  the  commission  is  hereby  vested  with  power  and 
authority  upon  the  complaint  of  any  person  interested  or 
by  inquiry  upon  its  own  motion,  after  a  full  hearing,  to  de- 
clare any  existing  charge  for  the  handling  or  storage  of 
grain  or  hay,  -or  any  regulation  whatsoever  affecting  such 
charge,  or  the  receipt,  handling  or  storage,  to  be  unrea- 
sonable or  unjust,  and  to  declare  and  order  what  shall  be 
a  just  and  reasonable  charge  or  regulation  to  be  imposed 
or  enforced  in  place  of  that  found  to  be  unreasonable  or 
unjust. 

§  11.  All  provisions  of  law  relating  to  the  method  of 
procedure   by   the   commission   in   fixing  the  rates   to    be 


1416 


National  Association  of  Railway  Commissioners 


charged  by  railroad  companies  for  the  transportation  of 
freight  and  passengers,  or  the  promulgation  or  issuance  of 
rules  and  regulations,  and  the  review  of  the  acts  or  ordeis 
of  such  commission  with  reference  thereto,  and  the  en- 
forcement of  such  orders,  shall,  so  far  as  the  same  are 
applicable,  govern  the  procedure  of  such  commission  in 
regulating  public  or  terminal  warehouses,  and  the  reviev/ 
and  enforcement  of  the  acts  and  orders  of  the  commis- 
sion under  the  provisions  of  this  Act. 

§  12.  The  commission  shall,  on  or  before  the  first  lay 
of  July,  1911,  fix  standard  grades  to  apply  to  all  grain  and 
hay  thereafter  bought  or  handled  by  public  or  terminal 
warehouses  in  this  State.  Such  grades  shall  be  known  as 
Washing  ton  grades  and  shall  continue  until  changed  by  the 
commission  after  notice  as  provided  for  the  establishment 
of  such  grades.  Such  grades  shall  be  fixed  only  after  a 
public  hearing,  notice  thereof  to  be  given  by  two  weeks' 
publication  in  .three  principal  daily  newspapers  of  the 
State,  one  of  which,  at  least,  shall  be  in  eastern  Wash- 
ington. All  persons  desiring  to  be  heard  shall  have  a 
right  to  be  heard  and  give  such  testimony  as  they  riiay 
desire  to  offer.  Such  witness  may  be  subpoenaed  as 
the  commission  may  deem  necessary.  The  persons  sub- 
poenaed by  the  commission  as  witnesses  shall  receive  $5 
per  diem  for  the  time  they  are  actually  employed,  and  nec- 
essary traveling  expenses.  The  commission  shall  at  such 
time,  after  such  hearing,  make  and  issue  reasonable  rules 
and  regulations  governing  the  dockage  which  shall  be 
made  on  inferior  grades  of  grain  or  hay  and  in  all  execu- 
tory contracts  thereafter  entered  into  for  the  sale  of  grain 
or  hay  where  the  price  or  amount  to  be  paid  therefor  de- 
pends upon  te^rminal  weight  or  grade,  such  rules  and  reg- 
ulations shall  control  the  dockage  in  so  far  as  the  same 
affects  the  price  to  be  paid,  and  such  rules  and  regula- 
tions shall  become  part  of  the  contract  of  sale  unless  ex- 
pressly agreed  to  the  contrary  in  such  executory  contract. 

It  shall  be  the  duty  of  the  chief  grain  inspector  imme- 
diately after  the  establishment  of  such  grades  and  the  pro- 
mulgation of  rules  and  regulations  fixing  dockage  as 
herein  provided,  to  supply  all  public  and  terminal  ware- 
housemen which  the  records  in  his  office  show  are  then  or 
thereafter  engaged  in  operating  such  warehouses,  ■'vmo.  a 
placard  copy  of  such  grades,  rules  and  regulations.  It 
shall  be  the  duty  of  every  public  or  terminal  warehouse- 
man to  keep  such  placard  posted  in  a  conspicuous  place  in 
such  warehouse,  and  if  an  office  is  conducted  in  connec- 
tion with  such  warehouse,  a  copy  shall  be  posted  in  a  con- 
spicuous place  in  such  office. 

§  13.  The  commission  shall  fix  the  fees  for  inspection 
and  weighing  of  grain  and  hay,  such  fees  to  be  a  lien  upon 
such  grain  and  hay  and  to  be  paid  by  the  carrier  trans- 
porting the  same  and  treated  by  it  as  advanced  charges, 
except  when  the  bill  of  lading  contains  the  notation,  "Not 
for  terminal  weight  and  grade,"  and  the  grain  or  hay  is 
not  unloaded  at  a  terminal  warehouse.  The  commission 
shall  so  adjust  the  fees  to  be  collected  under  this  Act  as  to 
meet  the  expenses  necessary  to  carry  out  the  provisions 
thereof,  provided  that  the  fees  fixed  for  inspection  and 
weighing  shall  in  no  case  exceed  5  cents  per  ton  for  sacked 
grain;  3  cents  per  ton  for  bulk  grain,  and  8  cents  per  ton 
for  hay.  All  moneys  collected  under  the  provisions  of  this 
Act  and  all  fines  and  penalties  for  violation  thereof  shall 
be  paid  into  the  State  treasury. 

§  14.  The  chief  inspector,  his  deputies  and  weighers 
Ehall  at  the  places  provided  for  State  inspection  under  this 
Act  have  exclusive  control  of  the  weighing  and  grading  of 
grain  and  hay  which  shall  be  inspected  under  the  provi- 
sions of  this  Act,  and  the  action  and  certificate  of  such  in- 
spectors and  weighers  In  the  discharge  of  their  duties  shall 
be  conclusive  upon  all  parties  interested;  provided,  how- 
ever, an  appeal  may  be  taken  to  the  commission,  whose  de- 
cision shall  be  final.  Suitable  books  and  records  shall  be 
~  kept  in  which  shall  be  entered  a  faithful  and  true  record 
of  every  car  or  cargo  or  part  of  cargo  of  grain  or  hay  in- 
spected or  weighed  by  them,  showing  the  number  or  initial 
or  other  designation  of  such  car  or  cargo  or  part  of  cargo, 
its  weight,  the  kind  of  grain,  or  hay  and  its  grade,  and  if 
graded  below  standard  No.  1  grade,  the  rfeason  for  such 
grade,  if  of  inferior  grade  the  amount  of  such  dockage, 
the  amount  of  fees  and  forfeitures  and  disposition  of  same, 
and  for  each  car,  or  cargo  or  part  of  cargo  of  grain  or 
hay  inspected  they  shall  give  a  certificate  of  inspection 
showing  the  kind  and  grade  of  the  same  and  the  reason  for 
all  grades  below  No.  1,  the  amount  to  be  allowed  for  dock- 
age. If  any,  the  number  of  sacks  if  sacked  grain,  or  bales 


of  hay,  with  the  grade  or  grades  and  weight  of  same,  if  re- 
quested to  do  so  by  consignor  or  consignee.  They  shall 
also  furnish  the  agent  of  the  railroad  company  or  other 
carrier  over  which  grain  was  shipped  or  carried,  a  cer- 
tificate showing  the  weight  of  the  grain  or  hay,  if  requested 
to  do  so.  They  shall  also  keep  a  true  record  of  all  appeals, 
decisions  and  a  complete  record  of  every  official  act,  which 
books  and  records  shall  be  open  to  inspection  by  any  party 
in  interest. 

I  15.  Upon  written  complaint  filed  with  the  commis- 
sion charging  any  inspector,  sampler  or  weigher  with 
official  misconduct,  inefficiency,  incompetency  or  neglect  of 
duty,  the  commission  shall  investigate  such  charge,  and 
if  it  be  found  sustained,  shall  remove  such  oflScer. 

§  16.  In  case  any  owner,  consignee  or  shipper  of  grain, 
or  his  agent  or  broker,  or  any  public  or  terminal  ware- 
houseman shall  be  aggrieved  at  the  grading  of  his  grain 
or  hay,  such  aggrieved  person  may  appeal  to  the  commis- 
sion from  such  decision  within  30  days  from  the  date  of 
certificate,  and  paying  a  fee  to  be  fixed  by  the  commission, 
which  shall  be  refunded  if  the  decision  appealed  is  <fus- 
tained.  Such  notice  of  appeal  may  be  taken  by  a  letter  or 
notice  to  the  commission  that  it  appeals  from  the  decision 
of  the  inspector.  It  shall  be  the  duty  of  the  commission 
upon  receiving  such  notice  to  Immediately  notify  the  par- 
ties interested  of  the  time  and  place  designated  by  it  for 
a  hearing  and  at  such  time  and  place,  which  shall  be 
within  20  days  from  the  date  of  receiving  such  notice,  hold 
a  hearing  and  inquire  into  the  reasonableness  and  correct- 
ness of  such  original  grading  and  such  evidence  shall  be 
received  as  the  parties  thereto  may  desire  to  offer.  After 
such  hearing  the  commission  shall  make  such  order  affirm- 
ing or  modifying  the  grade  so  established  by  the  Inspector 
as  the  facts  and  evidence  may  justify. 

§  17.  All  grain  and  hay  received  at  terminal  ware- 
houses shall  be  inspected  and  weighed  by  a  State  inspector 
and  when  exported  shall  if  requested  be  reinspected  and 
graded  in  like  manner  and  a  certificate  of  grade  issued,  a 
reasonable  fee  to  be  charged  for  such  relnspection,  said 
fee  to  be  fixed  by  the  commission.  All  other  grain  and  hay 
received  in  carload  lots  or,  when  shipped  by  water  in  lots 
containing  more  than  30  tons  of  grain  or  12  tons  of  hay  at 
inspection  points,  not  unloaded  at  a  terminal  warehouse, 
shall  be  weighed,  inspected  and  graded,  unless  the  bill  iit 
lading  contains  a  notation,  "Not  subject  to  inspection  or 
terminal  weight  or  grade." 

License.  §  18.  Any  person,  firm,  company,  corporation 
or  association  of  persons  owning  or  operating  any  public 
or  terminal  warehouse  or  warehouses  in  this  State  shall, 
on  or  before  June  30  of  each  year,  procure  from  the  com- 
mission, a  license  for  each  such  warehoure  so  owned  or 
operated  for  the  ensuing  year  before  transacting  business 
at  such  public  warehouse  or  warehouses.  Such  license 
shall  be  posted  in  a  conspicuous  place  in  the  office  of  each 
warehouse.  The  fee  for  such  license  shall  be  $1  for  each 
public  warehouse,  and  the  commission  maj"  revoke  any 
such  license  for  cause,  upon  notice  and  hearing.  Any  per- 
son, corporation  or  association  operating  any  public  oi 
terminal  warehouse  in  this  State  without  a  license  shall 
forfeit  to  the  State  for  each  day's  operation  $50,  and  such 
t)peration  may  be  enjoined  upon  complaint  of  the  com 
mission. 

§  19.  Every  such  warehouseman  shall  annually,  dur 
ing  the  first  week  in  July,  publish,  by  posting  in  a  con 
spicuous  place  in  his  warehouse,  a  schedule  of  storage 
rates  for  the  ensuing  year,  which  schedule  shall  be  kept 
posted  in  a  conspicuous  place  in  said  warehouse,  and  sale 
rates  shall  not  be  increased  during  such  year,  and  no  dis 
crimination  In  rates  shall  be  made  by  any  such  ware 
houseman. 

§  20.  Every  person  having  an  interest  in  any  grair 
or  hay  stored  in  any  such  warehouse,  and  every  Stat<- 
grain  inspector,  shall  have  the  right  to  examine  at  al, 
times  during  ordinary  business  hours  any  grain  or  hay  so 
stored,  and  all  parts  of  such  warehouse;  and  every  wave- 
houseman,  his  agents  and  servants  shall  furnish  proper 
facilities  for  such  examination. 

5  21.  If  any  public  or  terminal  warehouseman,  subjec* 
to  the  provisions  of  this  Act,  shall  directly  or  Indirectly,  Dy 
any  special  charge,  rebate,  drawback  or  other  device,  de- 
mand, collect  or  receive  from  any  person  or  persons  a 
greater  or  lesser  compensation  for  any  service  rendered  or 
to  be  rendered  in  the  handling  or  storage  of  grain  or  hay 
than  he  demands,  collects  or  receives  from  any  other  person 


Public  Service  Laws 


1417 


or  persons  for  doing  for  him  or  for  them  a  like  and  con- 
temporaneous service  in  the  handling  or  storage  of  grain 
or  hay  under  substantially  similar  circumstances  or  con- 
ditions, or  if  any  such  public  or  terminal  warehouseman 
shall  make  or  give  any  undue  or  unreasoiiable  preference 
or  advantage  to  any  person,  company,  firm  or  corporation 
in  any  respect  whatsoever,  or  shall  subject  any  particular 
person,  company,  firm  or  corporation  to  any  undue  or  un- 
reasonable prejudice  or  disadvantage  in  any  respect  what- 
soever, such  warehouseman  shall  be  subject  to  a  penalty 
as  hereinafter  provided. 

§  22.  Every  public  warehouseman  shall  receive  for 
storage  and  shipment,  so  far  as  the  capacity  of  his  ware- 
house will  permit,  all  grain  and  hay  in  a  warehouse  used 
for  this  purpose,  in  suitable  condition  for  storage,  ten- 
dered him  in  the  usual  course  of  business,  without  dis- 
crimination of  any  kind.  A  warehouse  receipt  in  form  pre- 
scribed by  the  commission,  consecutively  numbered,  shall 
be  issued  and  delivered  to  the  owner  or  his  representative 
immediately  upon  receipt  of  each  load  or  parcel  of  grain 
or  hay,  or  as  he  may  demand,  giving  the  true  and  correct 
grade  and  weight  thereof;  provided,  that  upon  request  of 
the  owner,  grain  or  hay  may  be  put  in  a  special  pile  with- 
out grading,  and  if  grain  or  hay  has  been  wet  or  damaged 
it  shall  be  received  and  piled  in  a  special  pile,  marked 
with  a  distinguishing  mark,  which  shall  be  shown  on  the 
receipt  for  the  same  and  given  for  the  number  of  sacks 
only,  or  bales.  The  failure  to  issue,  when  requested,  said 
receipt,  or  some  slip,  memoranda  or  other  form  of  receipt 
shall  be  subject  to  a  penalty  as  hereinafter  provided. 

§  23.  Upon  the  return  of  the  receipt  to  the  proper 
warehouseman,  properly  indorsed,  and  upon  payment  or 
tender  of  all  advances  and  legal  charges,  grain  or  hay  of 
the  grade  and  quantity  named  therein  shall  be  delivered  to 
the  holder  of  such  receipt,  within  48  hours  after  the  facili- 
ties for  receiving  the  same  have  been  provided.  If  such 
warehouseman  shall  fail  so  to  deliver  it,  he  shall  be  liable 
to  the  owner  in  damages  at  the  rate  of  1  cent.a  bushel  for 
each  day's  delay,  unless  he  shall  deliver  the  property  to  the 
several  owners  in  the  order  of  demand  as  rapidly  as  it 
can  be  done  by  ordinary  diligence.  If  upon  such  demand 
and  tender  the  warehouseman  shall  fail  so  to  deliver  such 
grain  or  hay,  the  person  entitled  thereto  may  recover  I  he 
same  by  action;  and  such  warehouseman  or  person  or 
agent  in  charge  thereof  shall  be  subject  to  a  penalty  as 
hereinafter  provided. 

§  24.  On  June  30  of  each  year  every  warehouseman 
shall  make  report  under  oath  to  the  commission  on  blanks 
or  forms  prepared  by  it  showing  the  total  number  of  sacJcs 
and  weight  of  each  kind  of  grain  and  bales  and  weight  of 
hay,  received  and  shipped  from  each  warehouse  licensed 
under  this  Act,  and  also  the  amount  of  outstanding  stor- 
age receipts  on  said  date,  and  a  statement  of  the  amount 
of  grain  and  hay  on  hand  to  cover  the  same.  The  com- 
mission may  also  require  special  reports  from  such  ware- 
houseman at  such  times  as  the  commission  may  deem  ex- 
pedient. The  commission  may  cause  every  such  warehouse 
and  business  thereof  and  the  mode  of  conducting  the  same 
to  be  inspected  by  one  or  more  of  its  members  or  by  its 
authorized  agent  whenever  deemed  proper,  and  the  prop- 
erty, books,  records,  accounts,  papers  and  proceedings  of 
every  such  warehouseman  shall  at  all  times  during  busi- 
ness hours  be  subject  to  such  inspection.  Each  person, 
firm,  corporation  or  association  of  persons  operating  any 
public  warehouse  or  warehouses  subject  to  the  provisions 
of  this  Act  shall,  on  or  before  the  first  day  of  July  of  each 
year,  give  a  bond  in  good  and  sufficient  surety  to  the  State 
of  Washington,  in  such  sum  as  the  commission  may  re- 
quire, to  be  approved  by  such  commission  and  the  attor- 
ney-general, conditioned  upon  the  faithful  performance  of 
the  acts  and  duties  enjoined  upon  them  by  law. 

§  25.  Whenever  required  by  the  commission  every  rail- 
road company  shall  construct  and  maintain  at  each  sta- 
tion and  siding  in  this  State  suitable  facilities  for  the  pur- 
pose of  loading  bulk  grain  direct  from  wagons  into  cars 
for  shipment.  The  commission  may  require  an  increase 
in  such  facilities  or  additional  facilities  whenever  it  deems 
it  necessary  for  the  purpose  of  loading. 

§  26.  In  case  grain  or  hay  is  sold  for  delivery  on 
Washington  grade  to  be  shipped  from  places  not  provided 
with  State  inspection  under  this  Act,  the  buyer,  seller  or 
persons  making  the  delivery  may  have  It  inspected  out  by 
notifying  the  chief  inspector  or  a  chief  deputy,  whose  duty 
it  shall  be  to  have  such  grain  inspected,  and  after  it  is  in- 


spected to  issue  to  the  buyer,  seller  or  person  delivering  it, 
on  request,  an  inspector's  certificate  showing  the  grade  of 
such  grain.  The  person  or  persons  calling  for  such  inspec- 
tion shall  pay  for  such  inspection  a  reasonable  fee  to  be 
fixed  by  the  commission. 

§  27.  It  shall  be  the  duty  of  the  chief  inspector  to 
transmit  samples  of  grain  showing  the  standards  thereof 
adopted,  to  such  foreign  chambers  of  commerce,  boards  of 
trade,  exporters  and  persons,  firms,  corporations  or  asso- 
ciations handling  and  dealing  in  Washington  grain,  as  the 
commission  may  designate,  and  upon  request  he  shall  fur- 
nish such  samples  to  similar  parties  in  this  State  or  the 
United  States  under  such  reasonable  rules  and  regulations 
as  the  commission  may  prescribe. 

§  28.  The  chief  inspector  or  any  deputy  inspector, 
sampler  or  weigher  serving  under  him  before  opening  the 
doors  of  any  car  containing  grain  or  hay  upon  arrival  at 
any  of  the  places  designated  herein  for  inspection  shall 
first  ascertain  the  condition  of  such  cars  and  determine 
whether  any  leakages  have  occurred  while  said  cars  were 
in  transit,  whether  or  not  the  doors  were  properly  secured 
and  sealed  at  point  of  shipment,  and  shall  make  a  record 
of  such  facts  in  all  cases,  giving  seal  and  plug  numbers. 
After  such  examinations  have  been  made  and  recorded,  and 
the  inspection  of  such  grain  or  hay  has  been  made,  the 
said  ofiiclals  shall  securely  close  and  reseal  such  doors  as 
have  been  opened  by  them,  using  the  special  seal  of  lh9 
said  State  grain  inspection  department  for  the  purpose. 
A  record  of  all  original  seals  broken  by  said  officials,  and 
the  date  when  broken,  and  also  a  record  of  all  State  seals 
substituted  therefor,  and  the  date  and  number  of  said 
seals  shall  be  made  by  said  officials.  The  chief  inspector, 
his  deputies,  weighers  or  samplers  shall  break  the  seal, 
weigh  and  superintend  the  unloading  of  all  cars  of  grain 
or  hay  subject  to  Inspection,  and  any  other  person  or  per- 
sons Ijreaking  the  seal  or  weighing  such  cars  of  grain  or 
hay  shall  be  guilty  of  a  misdemeanor. 

§  29.  Any  railroad  delivering  grain  or  hay  in  cars  at 
any  of  the  places  provided  with  State  inspection  under 
this  Act  shall  provide  convenient  and  suitable  sidetracks 
at  such  places  as  the  commission  may  designate,  on  which 
all  cars  of  grain  or  hay  delivered  by  them  shall,  upon  ar- 
rival, be  set  and  arranged  convenient  for  inspection,  and 
after  inspection  such  railroad,  company  shall  promptly 
distribute  all  such  cars  of  grain  and  hay  and  set  them  at 
the  proper  place  or  places  to  be  unloaded  as  designated 
by  the  consignor  or  consignee.  Such  railroad  company 
shall  provide  at  such  place  or  places  as  the  commission 
may  designate  suitable  track  scales  for  weighing  cars  of 
grain  or  hay.  Such  scales  shall  be  under  the  control  of  the 
chief  inspector  and  his  deputies.  It  shall  be  the  duty  of 
the  chief  Inspector  or  his  deputies  to  require  the  railroad 
company  to  correct  all  scales  so  provided  as  often  as  may 
be  necessary  to  insure  the  correct  weighing  of  grain  or 
hay.  Whenever  scales  have  been  installed  by  any  railroad 
company  as  above  provided,  it  shall  be  the  duty  Of  the 
chief  inspector  or  his  deputies  to  use  such  scales  in  weigli- 
ing  all  grain  or  hay  received  over  the  line  of  such  railway; 
provided,  that  if  any  terminal  warehouses  in  inspection 
cities  are  provided  with  proper  scales  and  weighing  facili- 
ties, the  chief  inspector  or  his  deputies  may  weigh  the 
grain  upon  the  scales  so  provided. 

The  chief  inspector  or  one  of  his  deputies  shall,  at 
least  once  each  year,  examine,  test  and  require  to  be  cor- 
rected all  scales  used  in  weighing  grain  or  hay  in  any  of 
the  cities  designated  as  inspection  points  in  this  Act,  or 
such  places  as  may  be  hereafter  designated,  and  after  such 
scale  is  tested,  if  found  to  be  correct  and  in  good  condi- 
tion, to  seal  the  weights  with  a  seal  provided  for  that  pur- 
pose and  issue  to  the  owner  or  proprietor  a  certificate  au- 
thorizing the  use  of  such  scales  for  weighing  grain  or  hay 
fpr  the  ensuing  year,  unless  sooner  revoked  by  the  chief 
inspector  or  his  deputy.  If  such  scales  be  found  to  be  in- 
accurate or  unfit  for  use,  the  chief  inspector  or  his  deputy 
shall  notify  the  party  operating  or  using  them,  and  the 
party  thus  notified  shall,  at  his  own  expense,  thoroughly 
repair  the  same  before  attempting  to  use  them,  and  until 
thus  repaired  to  the  satisfaction  of  the  inspector  or  his 
deputy,  the  certificate  of  such  party  shall  be  suspended  or 
revoked,  in  the  discretion  of  the  inspector  or  his  deputy. 
The  party  receiving  such  certificate  shall  pay  to  the  chief 
inspector  or  his  deputy  a  reasonable  fee  for  such  inspec- 
tion and  certificate  to  be  fixed  by  the  commission,  which 
sum  shall  be  paid  into  the  State  treasury.     It  shall  be  the 


1418 


National  Association  of  Railway  Commissioners 


duty  of  the  said  commission  to  see  that  the  provisions  of 
this  section  are  strictly  enforced. 

§  30.  All  railroad  companies  and  warehousemen  op- 
erating in  the  cities  provided  for  inspection  by  this  Aci, 
shall  furnish  ample  and  sufficient  police  protection  at  a"il 
their  several  terminal  yards  and  terminal  tracks  to  se- 
curely protect  all  cars  containing  grain  or  hay,  while  the 
same  are  in  their  possession.  They  shall  prohibit  and  re- 
strain all  unauthorized  persons,  whether  under  the  gui.^e 
of  sweepers,  or  under  any  other  pretext  whatever,  from 
entering  or  loitering  in  or  about  their  railroad  yards  or 
track  and  from  entering- any  car  of  grain  or  hay  und<;r 
their  control,  or  removing  hay  or  grain  therefrom,  and 
shall  employ  and  detail  such  number  of  watchmen  as  may 
be  necessary  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  section. 

§  31.  Any  railroad  company  or  common  carrier,  or 
other  corporation,  and  any  warehouseman,  which  shall  vio- 
late or  fail  to  comply  with  any  provision  of  this  Act;  or 
which  fails,  omits  or  neglects  to  obey,  observe  or  comply 
with  any  oraer,  rule,  or  any  direction,  demand  or  require- 
ment of  the  commission  made  under  ine  provisions  of  t.iiis 
Act,  shall  be  subject  to  a  penalty  of  not  to  exceed  the  sum 
of  $1,000  for  each  and  every  offense,  and  every  such  viola- 
tion shall  be  a  separate  and  distinct  offense,  and  in  case 
of  a  continuing  violation,  every  day's  continuance  thereof 
shall  be  and  be  deemed  to  be  a  separate  and  distinct 
offense. 

'  Every  officer,  agent  or  employe  of  any  railroad  com- 
pany or  common  carrier,  or  other  corporation,  or  anv 
warehouseman,  which  shall  violate  or  fail  to  comply  witli, 
or  who  procures,  aids  or  abets  any  violation  by  any  such 
railroad  company  or  common  carrier,  or  other  corporation 
or  warehouseman,  of  any  provision  of  this  Act,  or  who 
shall  fail  to  obey,  observe  or  comply  with  any  order  of  the 
commission,  or  any  provision  of  any  order  of  the  commis- 
sion; or  who  procures,  aids  or  abets  any  such  railroad 
company  or  common  carrief,  or  other  corporation,  or  any 
warehouseman,  in  its  failure  to  obey,  observe  and  comply 
with  any  such  order  or  provision,  shall  be  guilty  of  a 
gross  misdemeanor. 

Every  person  either  individually  or  acting  as  an  official 
or  agent  of  any  corporation  other  than  ;i  railroad  com- 
pany, common  carrier  or  warehouseman,  who  shall  violate 
any  provision  of  this  Act,  or  fail  to  observe  or  comply  wiih 
any  order  made  by  the  commission  under  this  Act,  so  long 
as  the  same  shall  be  or  remain  in  force;  or  shall  procure, 
aid  or  abet  any  such  corporation  in  its  violation  of  this 
Act,  or  in  its  failure  to  obey,  observe  or  comply  with  any 
such  order,  shall  be  guilty  of  a  gross  misdemeanor. 

§  32.  If  any  section  or  part  of  a  section  of  this  Act 
shall  be  for  any  cause  held  to  be  unconstitutional,  such 
fact  shall  not  affect  the  remainder  of  this  Act. 

§  33.  There  is  hereby  appropriated  for  the  purpose  of 
carrying  out  the  provisions  of  this  Act  for  the  biennial 
period  beginning  April  1,  1911:  For  salary  of  chief  in- 
spector, $4,000;  for  salary  of  clerk,  $2,400;  for  salaries  of 
deputy  inspectors,  samplers,  weighers,  and  for  office  rent, 
traveling  expenses,  postage  and  office  supplies  (or  so  much 
thereof  as  may  be  necessary,  but  in  no  event  to  exceed  the 
receipts  provided  for  herein),  $100,000;  provided,  that  the 
State  auditor  may,  at  the  beginning  of  any  biennial  period, 
anticipate  the  receipts  and  issue  warrants  to  cover  the 
same  to  any  amount  not  exceeding  $10,000. 

Repeal.  §  34.  That  chapter  137  of  the  laws  of  1909  be 
and  the  same  is  hereby  repealed. 

Passed  by  the  house  February  17,  1911. 

Passed  by  the  senate  March  1,  1911. 

Approved  by  the  governor  March  14,  1911. 

ESTAnLISHMENT  OF  PORT  UISTRICTS — 1911. 

An  Act  authorizing  the  establishment  of  port  districts;  pro- 
viding for  the  acquirement,  construction,  maintenance, 
operation,  development  and  regulation  of  a  system  of 
harbor  improvements  and  rail  and  icatcr  transfer  and 
terminal  facilities  within  such  districts,  and  providing 
the  method   of  payment  therefor. 
Be  it  enacted  by  the  legislature  of  the  State  of  Washington: 
Port   districts  authorized.     §  1.     Port  districts   for   the 
acquirement,   construction,    maintenance,   operation,    devel- 
opment  and    regulation    of   a   system    of   harbor   improve- 
ments and  rail  and  water  transfer  and  terminal  facilities 
within  such   districts,  are  hereby  authorized  to  be  estab- 
lished in  the  various  counties  of  this  State,  as  in  this  Act 
provided. 


Formation  of  district.  §  2.  At  any  general  election  oi 
at  any  special  election  which  may  be  called  for  that  pur 
pose,  the  board  of  county  commissioners  of  any  county  in 
this  State  may,  or  on  petition  of  10  per  cent  of  the  quaii 
fled  electors  of"such  county  based  on  the  total  vote  cast  in 
the  last  general  county  election,  shall,  by  resolution,  sub- 
mit to  the  voters  of  such  county  the  proposition  of  crc 
ating  a  port  district  which  shall  be  co-extensive  with  tlie 
limits  of  such  county  as  now  or  hereafter  established,  and 
the  board  of  county  commissioners  shall  submit  such 
proposition  at  a  special  election  to  be  called  therefor  when 
such  petition  so  requests.  Such  petition  shall  be  filed  with 
the  county  auditor,  who  shall  within  15  days  examine  cne 
signatures  thereto  and  certify  to  the  sufficiency  or  in- 
sufficiency thereof,  and  for  such  purpose  the  county  audi- 
tor shall  access  to  all  registration  books  in  the  possess- 
sion  of  the  officers  of  any  incorporated  city  or  town  in 
such  proposed  port  district.  If  such  petition  be  found  to 
be  insufficient  it  shall  be  returned  to  the  persons  filing  the 
same,  who  may  amend  or  add  names  thereto  for  10  days, 
when  the  same  shall  be  returned  to  the  county  auditor, 
who  shall  have  an  additional  15  days  to  examine  the  same 
and  attach  his  certificate  thereto. 

No  person  having  signed  such  petition  shall  be  allowed 
to   withdraw   his   name   therefrom   after   the   filing   of   the 
same   with   the   county   auditor.     Whenever   such    petition 
shall  be  certified  to  as  sufficient,  the  county  auditor  sha! 
forthwith  transmit  the  same,  together  with  his  certificati 
of  sufficiency  attached  thereto,  to  the  board  of  county  coi;' 
missioners,  who  shall,  at  their  first  meeting  thereafter,  ii 
such  petition  so  requests,  by  resolution,  call  a  special  elec 
tion  to  be  held  not  less  than  30  nor  more  than  60  days  from 
the  date  of  such  certificate  and  shall  cause  to  be  pubiisheil 
for  not  less  than  20  days,  notice  of  such  election  in  one  or 
more    daily    newspapers    of    general    circulation    in    sucn 
county,  which  notice  shall  state  the  hours  during  which 
such   polls  will  be  open,   the  boundaries   of  the   proposed 
port  district  and  the  object  of  such  election,  and  shall  b  ' 
posted   for  lO  days   in  10  public  places  in  such  proposei 
port  district.     The  same  notice  shall  be  given  in  the  eveni 
of  such  proposition  being  submitted  at  a  general  electio 
In  submitting  the  said  question  to  the  voters  for  their  a] 
proval  or  rejection,  the  proposition' shall  be  expressed  oi 
said  ballot  in  the  following  terms: 

"Port  of Yes"   (giving  the  name  of  the  pri 

clpal  seaport  city  within  such  proposed  port  district,  or  l\ 
there  be  more  than  one  city  of  the  same  class  within  sucS 
district,  such  name  as  may  be  determined  by  the  board 
county  commissioners). 

"Port  of No"  (giving  the  name  of  the  principi  _ 

seaport  city  within  such  proposed  port  district,  or  if  there 
be  more  than  one  city  of  the  same  class  within  such  dis- 
trict such  name  as  may  be  determined  by  the  board  o," 
county  commissioners). 

There  shall  not  be  less  than  one  polling  place  in  each  oi' 
the  various  wards  of  any  incorporated  city  within  such  pro- 
posed port  district,  and  one  polling  place  in  each  precinc 
in  such  proposed  port  district,  not  within  the  limits  of  a; 
incorporated  city. 

Provided,  that  any  petition  for  the  formation  ot 
port  district  may  describe  a  district  of  less  arear  tb 
the  county  in  which  such  petition  is  filed,  and  in  sucl 
event  the  county  commissioners  shall  fix  a  date  for  hearin: 
on  such  petition  and  publish  a  notice  of  such  hearing  loi 
two  weeks  in  a  newspaper  ot  general  circulation  in  su 
county,  after  which  hearing  the  county  commissioners  ma; 
increase  or  diminish  the  boundaries  of  such  proposed  po 
district  and  thereafter  the  same  procedure  shall  be 
lowed  as  is  prescribed  in  this  Act  for  the  formation  of  thi 
larger  port  district,  except  that  the  petition  and  electioi 
shall  be  confined  solely  to  the  lesser  port  district. 

And  provided,  that  whenever  two  or  more  petitions  l*)! 
the  formation  of  a   port  district  shall  be  filed  as  herein  y 
vided,  the  petition  describing  the  greater  area  shall  supei 
sede  all  others  and  an  election   shall  first  be  held  there^ 
under,   and   no  lesser  port  district  shall   ever  be   created 
within  the  limits,  in  whole  or  in  part,  of  any  port  distric' 

Elections — Powers  of  commissioners.  §  3.  If  at  su 
election  a  majority  of  the  voters  voting  upon  such  proposi- 
tion shall  vote  in  favor  of  the  formation  of  such  district, 
the  board  of  county  commissioners  shall  also  declare  in 
its  canvass  of  its  returns  of  such  elections,  and  such  port 
district  shall  then  be  and  become  a  municipal  corporation 
of  the  State  of  Washington  and  the  name  of  such  port  dls- 


ie 
n    _| 


II 


ea 


Public  Service  Laws 


Itl!) 


trict    shall   be    "Port   of    "    (inserting   the   name 

appearing  on  the  ballot).  The  powers  of  the  port  district 
shall  be  exercised  through  a  port  commission  consisting  of 
three  members,  one  from  each  of  the  three  county  commis- 
sioner districts  of  the  county  in  which  the  port  district  is 
located,  when  the  port  district  is  co-extensive  with  the 
limits  of  such  county.  When  the  port  district  comprises 
only  a  portion  of  the  county,  three  commissioner  districts, 
numbered  consecutively,  having  approximately  equal  popu- 
lation and  boundaries  following  ward  and  precinct  lines, 
shall  be  described  in  the  petition  for  the  formation  of  the 
port  district  and  one  commissioner  shall  be  elected  from 
each  of  said  commissioner  districts. 

No  person  shall  be  eligible  to  hold  the  office  of  port  com- 
missioner unless  he  is  a  qualified  voter,  a  freeholder  and 
is  and  has  been  a  resident  for  a  period  of  three  years  of 
the  commissioner  district  he  is  elected  from.  Port  commis- 
sioners shall  hold  office  for  a  term  of  three  years.  At  the 
same  election  at  which  the  proposition  is  submitted  to  tlie 
voters  as  to  whether  a  port  district  shall  be  formed,  three 
commissioners  shall  be  elected  to  hold  office,  respectively, 
for  the  term  of  one,  two  and  three  years.  All  candidates 
shall  be  voted  upon  by  the  entire  port  district,  and  the 
candidate  residing  in  commissioner  district  number  one 
receiving  the  highest  number  of  votes  in  the  port  district 
shall  hold  office  for  the  term  of  three  years;  the  candidate 
residing  in  commissioner  district  number  two  receiving  the 
highest  number  of  votes  in  the  port  district  shall  hold  office 
for  the  term  of  two  years,  and  the  candidate  residing  in 
commissioner  district  number  three  receiving  the  highest 
number  of  votes  in  the  port  district  shall  hold  office  for  the 
term  of  one  year,  from  and  after  the  first  Monday  in  De- 
cember following  the  creation  of  such  port  district  as 
hereinafter  provided.  All  expenses  of  elections  for  the  for- 
mation of  such  port  districts  shall  be  paid  by  the  county 
holding  such  election  and  such  expenditure  is  hereby  de- 
clared to  be  for  a  county  purpose,  and  the  money  paid  out 
for  such  purpose  shall  be  repaid  to  such  county  by  the  port 
district,  if  formed.  At  least  20  days  prior  to  the  first  Mon 
day  in  December  of  each  year  such  port  commission  shall 
give  notice  by  publication  for  at  least  10  days  in  a  daily 
newspaper  published  within  such  port  district,  that  an  elfc- 
tion  will  be  held  on  the  first  Monday  in  December  of  each 
year  for  the  election  of  a  successor  to  the  retiring  p.irt 
commissioner,  to  hold  office  for  the  term  of  three  years  and 
until  his  successor  is  elected  and  qualified. 

Nominations  for  port  commissioners  at  the  first  special 
election  and  at  subsequent  general  elections,  shall  be  by 
petition  of  100  qualified  electors  of  the  commissioner  dis- 
trict in  which  the  candidate  is  a  resident,  to  be  filed  in  the 
office  of  the  county  auditor  at  least  15  days  prior  to  sufh 
election;  provided,  however,  that  there  shall  be  no  election 
held  on  the  first  Monday  in  December  immediately  follow- 
ing the  creation  of  such  port  district;  and  provided  further, 
that  in  the  event  of  a  vacancy  in  the  office  of  port  commis- 
sioner by  death,  resignation  or  otherwise,  such  vacancy 
shall  be  filled  by  appointment  by  a  majority  vote  of  the  re- 
maining port  commissioners,  until  the  next  regular  election 
for  port  commissioners. 

A  vacancy  in  the  office  of  port  commissioner  shall  occur 
by  death,  resignation,  removal,  conviction  of  a  felony,  non- 
attendance  at  meetings  of  the  port  commission  for  a  penor] 
of  60  days  unless  excused  by  the  port  commission,  by  any 
statutory  disqualification  or  by  any  permanent  disability 
preventing  the  proper  discharge  of  his  duty.  Such  port  com- 
mission shall  designate  in  all  notices  of  election  whether 
such  election  be  a  general  or  special  election;  the 
time  of  the  opening  and  closing  the  polls  and  the  places  for 
voting,  and  in  no  event  shall  there  be  less  than  one  po'.ling 
place  in  eacli  of  the  various  wards  of  any  city  in  the  port 
district,  and  at  least  one  polling  place  in  each  precinct  in 
the  port  district  not  within  the  limits  of  any  incorporated 
city.  The  polls  shall  be  kept  open  on  every  election  day 
by  said  port  district  at  least  from  11  o'clock  a.  m.  to  7 
o'clock  p.  m.,  but  said  port  commission  may  keep  the  polls 
open  for  a  longer  period  of  time  if  they  shall  so  order; 
but  the  time  of  opening  and  closing  the  polls  must  be 
stated  in  the  notice  of  election,  and  the  polls  shall  be 
opened  and  closed  in  accordance  with  such  notice.  All 
qualified  electors  within  such  port  district  shall  be  entitled 
to  vote  at  any  election  held  in  such  port  district.  The  offi- 
cers of  the  city  or  county  having  charge  of  the  registration 
books  shall  deliver  the  same  to  the  port  commission  for  *he 
use  of  its  election  officers  at  any  election  held  in  a  port 
district  formed  under  the  provisions  of  this  Act. 


In  the  event  of  such  registration  books  being  required 
by  law  to  be  used  by  any  school  district  or  other  public 
corporation  at  the  same  time  as  the  use  thereof  will  be 
necessary  by  the  port  district,  they  shall  be  delivered  to 
such  port  commission  and  school  district  or  other  public 
corporation,  jointly,  and  the  same  polling  places  and  regis- 
tration books  shall  be  used  jointly  by  all  of  such  public  cor- 
porations. The  registration  of  voters  for  election  to  be  held 
in  such  port  district  shall  be  the  same  in  all  respects  as  1"^ 
now  required  by  law,  and  no  additional  registration  shall 
be  required  to  qualify  any  elector  to  vote  at  any  port  dis- 
trict election;  provided,  that  notice  of  closing  registration 
books  shall  be  given,  and  the  same  shall  be  closed  for  reg- 
istration prior  to  the  holding  of  any  election  authorized 
by  this  Act  in  the  same  manner  and  for  the  same  time  as  is 
now  or  may  be  provided  by  law  for  primary  elections. 

The  city  clerk  or  registration  officer  required  to  perform 
the  duties  enumerated  in  this  Act  shall  receive  no  addi- 
tional compensation  therefor.  The  general  laws  of  the 
State  of  Washington  governing  the  registration  of  voters 
for  general  or  special  city  elections  that  are  not  inconsist- 
ent with  these  provisions,  shall  govern  the  registration  of 
voters  for  elections  held  under  this  Act;  and  the  registra- 
tion books  of  the  city  and  territory  within  said  port  district 
shall  be  the  books  used  by  said  port  commission,  and  no 
separate  registration  books  shall  be  kept  or  maintained  by 
it.  The  manner  of  holding  any  general  or  special  election 
for  the  organization  of  said  port  district  or  which  may 
thereafter  be  held  by  any  port  district,  shall  be  in  accord- 
ance with  the  laws  of  this  State  relating  to  general  elec- 
tions in  so  far  as  the  same  are  not  inconsistent  with  the 
provisions  of  this  Act. 

Powers  of  district.  §  4.  All  port  districts  organized 
under  the  provisions  of  this  Act  shall  be  and  are  hereby 
authorized  to  acquire  by  purchase  or  condemnation,  or 
both,  all  lands,  property,  property  rights,  leases  or  ease- 
ments necessary  for  the  purposes  of  the  port  district  and 
to  exercise  the  right  of  em.inent  domain  in  the  /icquirement 
or  damaging  of  all  land,  property,  property  rights,  leases 
or  easements,  and  the  levying  and  collection  of  assessment?; 
upon  property  for  the  payment  of  all  damages  and  compen- 
sation necessary  in  carrying  out  the  purposes  for  which 
said  district  shall  have  been  created,  and  such  right  shall 
be  exercised  in  the  same  manner  and  by  the  same  proced- 
ure as  is  or  may  be  provided  by  law  for  cities  of  the  first, 
class,  except  in  so  far  as  such  law  may  be  inconsistent  with 
the  provisions  of  this  Act  and  except  that  all  assessment 
or  re-assessment  rolls  provided  by  law  to  be  prepared  and 
filed  by  eminent  domain  commissioners  shall  be  prepared 
and  filed  by  the  port  commission  of  the  port  district,  and 
the  duties  devolving  upon  the  city  treasurer  under  said 
law  be,  and  the  same  are  hereby,  imposed  upon  the  county 
treasurer  for  the  purposes  of  this  Act. 

To  lay  out,  construct,  condemn,  purchase,  acquire,  add 
to,  maintain,  conduct  and  operate  any  and  all  systems  of 
sea  walls,  jetties,  wharves,  docks,  ferries,  canals,  locks, 
tidal  basins  and  other  harbor  improvements,  rail  and  water 
transfer  and  terminal  facilities  within  such  port  district; 

To  establish  local  improvement  districts  within  such 
port  districts,  and  to  levy  special  assessments  under  the 
mode  of  annual  installments  extending  over  a  period  not 
exceeding  10  years,  on  all  property  specially  benefited  by 
any  local  improvement,  on  the  basis  of  special  benefits  to 
pay,  in  whole  or  in  part,  the  damages  or  costs  of  any  im- 
provements ordered  in  such  local  improvement  district;  to 
issue  local  improvement  bonds  in  any  such  local  improve- 
ment district  to  be  repaid  by  the  collection  of  local  improve- 
ment assessments;  provided,  that  the  levying  and  collection 
of  all  such  assessments  and  issuance  of  bonds  hereby  au- 
thorized shall  be  in  the  manner  now  and  hereafter  provided 
by  State  law  for  the  levying  and  collection  of  local  improve- 
ment assessments  and  issuance  of  local  improvement 
bonds  by  cities  of  the  first  class,  in  so  far  as  the  same 
shall  not  be  inconsistent  with  the  provisions  of  this  Act; 
provided,  however,  that  the  duties  devolving  upon  the  cUy 
treasurer  under  said  laws  be,  and  the  same  hereby  are, 
imposed  upon  the  county  treasurer  for  the  purposes  of  this 
Act;  to  own  and  control  lands,  leases  and  all  easements  in 
land  necessary  for  the  purposes  of  the  port  district. 

To  improve  navigable  ana  non-navigable  waters  of  the 
United  States  and  of  the  State  of  Washington  within  the 
port  district;  to  create  and  improve  for  harbor  purposes 
new  waterways  within  the  port  district;  to  regulate  and 
control  all  such  waters  within  the  limits  of  such  port  dis- 


1430 


National  Association  of  Railway  Commissioners 


trict  so  far  and  to  the  full  extent  that  this  State  can  and 
hereby  does  grant  the  same,  and  remove  obstructions  thoro- 
from;  to  straighten,  widen,  deepen  and  otherwise  Improve 
any  and  all  waters,  watercourses,  bays,  lakes  or  streams, 
whether  navigable  or  otherwise,  flowing  through  or  located 
within  the  boundaries  of  such  port  district. 

To  fix,  subject  to  State  regulation,  rates  of  wharfage, 
dockage  and  all  necessary  port  and  terminal  charges. 

To  lease  wharves,  etc.  To  execute  leases  of  all  lands, 
wharves,  docks  and  property  owned  and  controlled  by  said 
port  district  upon  such  terms  as  the  port  commission  may 
deem  proper;  provided,  that  no  lease  shall  be  executed  for 
a  period  longer  than  30  years;  to  raise  revenue  by 
levy  of  an  annual  tax  on  all  taxable  property  within  such 
port  district,  not  exceeding  two  mills  in  any  one  year. 

Provided,  that  such  levy  shall  be  made  and  taxes  col- 
lected in  the  manner  now  or  hereafter  provided  by  law  for 
the  levy  and  collection  of  school  district  taxes;  to  borrow 
money  and  issue  bonds  in  an  amount  not  exceeding  2%  per 
cent  of  the  taxable  value  of  all  property  in  such  port  dis- 
trict upon  a  three-flfths  majority  vote  of  the  qualified  voters 
in  such  port  district  voting  thereon;  provided,  that  tlie 
calling  and  manner  of  holding  such  elections  for  issuance 
of  bonds  shall  be  the  same  as  is  now  or  may  hereafter  be 
prescribed  by  law  for  the  issuance  of  school  district  bonds 
in  so  far  as  the  same  shall  not  be  inconsistent  with  the 
provisions  of  this  Act. 

And  no  bonds  shall  ever  be  issued  to  provide  for  the  ac- 
quiring or  construction  of  any  dock  or  wharf  until  such 
commission  shall  have  first  negotiated  a  lease  of  such  dock 
or  wharf  for  a  term  of  not  less  than  10  years  upon  terms 
which  will  produce  a  net  income  sufficient  to  pay  the  inter- 
est on  the  bonds  issued  as  such  interest  accrues,  and  create 
a  sinking  fund  which,  at  a  proportionate  rate,  will  retire 
the  bonds  at  maturity,  which  lease  shall  be  secured  by  a 
bond  from  a  lessee,  with  sureties  satisfactory  to  said  pott 
commission,  in  a  sum  squal,.to  five  years'  rental,  and  condi- 
tioned to  cajry  out  and  perform  the  terms  and  conditions 
of  such  lease,  or,  if  operated  directly  as  a  public  wharf,  a 
schedule  of  wharfage  rates  shall  be  lixed,  and,  if  necessary, 
shall  thereafter  be  raised,  which  shall  produce  a  net  in- 
come sufficient  to  pay  the  interest  on  the  bonds  issued  as 
such  interest  accrues,  and  create  a  sinking  fund  which,  at  a 
proportionate  rate,  will  retire  the  bonds  at  maturity,  and 
said  schedule  of  rates  shall  not  at  any  time  be  reduced 
below  a  point  which  will  pay  the  interest  and  retire  the 
bonds  as  aforesaid. 

jrTovided,  that  no  general  bonds  of  such  district  shall 
be  issued  for  a  longer  period  than  50  years. 

Port  commissioners — Organization — Contracts.  §  5.  All 
port  commissioners  shall  serve  without  compensation.  The 
port  commission  shall  organize  by  the  election  from  its 
own  members  of  a  president  and  secretary,  shall  by  resolu- 
tion adopt  rules  governing  the  transaction  of  its  business 
and  shall  adopt  an  official  seal.  All  proceedings  of  the  port 
commission  shall  be  by  resolution  recorded  in  a  book  or 
books  kept  for  such  purpose,  which  shall  be  public  records. 
All  funds  of  the  port  district  shall  be  paid  to  the  county 
treasurer,  and  all  disbursements  shall  be  made  by  such 
officer  on  warrants  drawn  by  the  county  auditor  upon  order 
of  or  vouchers  approved  by  the  port  commission. 

The  port  commission  shall  have  authority  to  create  and 
fill  such  positions  and  fix  salaries  and  bonds  thereof  as  it 
may  by  resolution  provide. 

All  materials  purchased  and  work  ordered,  the  estimaied 
cost  of  which  is  In  excess  of  $5,000,  shall  be  let  by  contract. 
Before  awarding  any  such  contract  the  port  commission 
shall  cause  to  be  published  In  some  newspaper  published 
within  the  district  a  notice  for  at  least  10  days  before  the 
letting  of  such  contract,  inviting  sealed  proposals  for  such 
work,  plans  and  specifications  for  which  must  at  the  time  of 
publication  of  such  notice  be  on  file  in  the  office  of  the  port 
commissions  subject  to  public  inspection;  provided,  how- 
ever, that  the  port  commission  may  at  the  same  time  and  as 
a  part  of  the  same  notice  invite  tenders  for  said  work  or 
materials  upon  plans  and  specifications  to  be  subipitted 
by  the  bidders.  Such  notice  shall  state  generally  the'  work 
to  be  done  and  shall  call  for  proposals  for  doing  the  same  to 
be  sealed  and  filed  with  the  commission  on  or  before  the 
day  and  hour  named  therein.  Each  bid  shall  be  accomp.a- 
nled  by  a  certified  check  payable  to  the  order  of  the  port 
commission  for  a  sum  not  less  than  5  per  cent  of  the  amount 
of  the  bid,  and  no  bid  shall  be  considered  unless  accompa- 
nied by  such  check.     At  the  time  and  place  named  such 


bids  shall  be  publicly  opened  and  read  and  the  commission 
shall  proceed  to  canvass  the  bids  and  may  let  such  contract 
to  the  lowest  responsible  bidder  upon  plans  and  specifica- 
tions on  file,  or  to  the  best  bidder  submitting  his  own  plans 
and  specifications. 

Provided,  however,  that  no  contract  shall  be  let  in  excess 
of  the  estimated  cost  of  said  materials  or  work,  or  If  in  the 
opinion  of  the  commission  all  bids  are  unsatisfactory,  they 
may  reject  all  of  them  and  re-advertlse,  and  In  such  case 
all  checks  shall  be  returned  to  the  bidders;  but  If  such  con- 
tract be  let,  then  and  In  such  case  all  checks  shall  be  re- 
turned to  the  bidders,  except  that  of  the  successful  bidder, 
which  shall  be  retained  until  a  contract  shall  be  entered 
into  for  the  purchase  of  such  materials  or  doing  such  worK, 
and  a  bond  to  perform  such  work  furnished  with  sureties 
satisfactory  to  the  commissioners  In  the  full  amount  of  the 
contract  price,  between  the  bidder  and  the  commission  In 
accordance  with  the  bid.  If  said  bidder  falls  to  enter  into 
said  contract  in  accordance  with  said  bid  and  furnish  such 
bond  within  10  days  from  the  date  at  which  he  is  notif\ed 
that  he  Is  the  successful  bidder,  the  said  check  and  the 
amount  thereof  shall  be  forfeited  to  the  port  district. 

Adoption  of  harbor  improvement  plans.  §  6.  It  shall  be 
the  duty  of  the  port  commission  of  any  port  district,  before 
creating  any  improvements  hereunder,  to  adopt  a  compre- 
hensive scheme  of  harbor  improvement  in  such  port  dis- 
trict, after  a  public  hearing  thereon,  of  which  at  least  10 
days'  notice  shall  be  published  in  a  daily  newspaper  of  gen- 
eral circulation  in  such  port  district,  and  no  expenditure 
for  the  carrying  on  of  any  harbor  improvements  shall  bo 
made  by  said  port  commission  other  than  the  necessary 
salaries  of  engineers,  clerical  and  office  expense  of  such  port 
district,  and  the  cost  of  engineering,  surveying,  preparation 
and  collection  of  data  necessary  for  the  making  and  adop- 
tion of  a  general  scheme  of  harbor  improvements  in  such 
port  district,  unless  and  until  such  comprehensive  scheme 
of  harbor  improvement  has  been  so  oflicially  adopted  by  the 
port  commission  and  ratified  by  a  majority  vote  of  the 
people  of  such  port  district  voting  thereon  in  favor  thereof 
at  a  special  election  which  shall  be  held  for  such  purpose; 
20  days'  notice  of  such  election  shall  be  duly  published  in 
one  or  more  daily  newspapers  of  general  circulation  in  suci 
port  district. 

Provided,  however,  that  In  lieu  of  the  adoption  of  sucI 
plan  as  aforesaid,  said  port  commission  may  proceed  either 
independently  or  in  cooperation  with  any  plan  of  harbor  or 
waterway  improvement  within  such  port  district  which 
shall  have  been  adopted  by  vote  of  the  people  of  any  incor- 
porated city  in  such  port  district  at  any  election  held  for 
such  purpose  prior  to  the  first  day  of  April,  1912,  which 
plan  may  be  officially  adopted  by  resolution  of  the  port  coi 
mission. 

Improvement  to  follow  plans  adopted.  §  7.  When  sucl 
general  plans  shall  have  been  adopted  or  approved,  as  afoie- 
said,  every  improvement  to  be  made  by  said  port  commis- 
sion shall  be  made  substantially  in  accordance  therewith, 
unless  and  until  such  general  plans  shall  have  been  changed 
by  a  majority  vote  of  the  qualified  electors  of  the  port  dis- 
trict voting  thereon  at  any  general  election  or  special  elec- 
tion called  by  the  port  commission  for  such  purpose,  in 
which  event  the  same  notice  of  election  shall  be  given  as 
is  required  for  the  election  provided  for  in  the  last  prt- 
cedlng  section. 

Improvements — Ownership  of.  §  8.  No  Improvement 
shall  be  acquired  or  constructed,  by  the  port  district,  unless 
such  improvement  shall,  when  completed,  be  the  property 
of  such  port  district,  the  county  in  which  such  port  dis- 
trict Is  located,  the  State  of  Washington  or  the  United 
States  of  America,  and  the  funds  of  such  port  district  may 
be  expended  in  the  acquirement  or  construction  of  any  har- 
bor Improvement  embraced  in  such  general  plan  adopted  as 
in  this  Act  provided  in  conjunction  with  the  county  in 
which  such  port  district  Is  located,  the  State  of  Washing- 
ton, or  the  United  States  of  America,  or  all  or  any  of  them. 

Improvements  l>y  port  district.    §  9.    Before  ordering  Oj 
aiding  any  improvement,  the  cost  of  which,  in  excess  of  Sj 
per  cent.  Is  to  be  borne  by  the  entire  port  district,  the  po; 
commission  shall  adopt  the  detail  plans,  declare  the  esti 
mated  cost  thereof,  the  annual  expenditures  to  be  mad 
thereon  and  If  such  annual  expenditure  shall  exceed  on 
half  mill  of  the  port  district  tax  levy  allowed  by  this  i\.ci 
based  on  the  assessment  valuation  for  the  current  year  tre 
port  commissioner  shall  and  by  resolution  submit  to  the 
electors  of  the  port  district  at  a  general  or  special  election 


II 


II 


III. 

I 


Public  Seevioe  Laws 


1421 


the  proposition  to  so  expend  the  general  funds  or  issue  the 
general  bonds  of  the  district,  20  days'  notice  of  which  elec- 
tion shall  be  given  in  a  newspaper  of  general  circulation  in 
such  port  district.  If  a  majority  of  the  electors  voting 
thereon  shall  vote  in  favor  of  making  such  expenditure 
from  the  general  funds  or  by  issuance  of  general  bonds  of 
the  port  district,  the  commission  may  order  the  improve- 
ment and  proceed  to  acquire  the  land  or  property  necessary 
therefor,  and  advertise  and  let  the  contract  for  the  same. 

Local  improvements  upon  majority  petition.  §  10. 
Whenever  a  petition  signed  by  100  freeholders  in  the  dis- 
trict to  be  therein  described,  shall  be  iiled  with  the  port 
commission,  asking  that  any  portion  of  the  general  plan 
adopted  be  ordered,  and  defining  the  boundaries  of  a  local 
improvement  district  to  be  assessed  in  whole  or  in  part  to 
pay  the  cost  thereof,  it  shall  be  the  duty  of  the  port  com- 
mission to  fix  a  date  for  hearing  on  such  petition,  after 
which  it  may  alter  the  boundaries  of  such  proposed  district 
and  prepare  and  adopt  detail  plans  of  any  such  local  im- 
provement, declare  the  estimated  cost  thereof,  what  propor- 
tion of  such  cost  shall  be  borne  by  such  proposed  local  im- 
provement district,  and  what  proportion  of  the  cost,  if  any, 
but  in  any  event  not  to  exceed  50  per  cent,  shall  be  borne 
by  the  entire  port  district.  At  any  time  within  two  years 
thereafter,  upon  petition  of  the  owners  of  a  majority  of  the 
lands  in  such  proposed  local  improvement  district,  fixed  by 
the  port  commission,  as  shown  in  the  office  of  the  auditor  of 
such  county,  asking  that  such  improvement  be  ordered,  the 
port  commission  shall  forthwith  by  resolution  order  such 
improvement,  provide  the  general  funds  of  the  port  district 
to  be  applied  thereto,  acquire  all  lands  necessary  therefor, 
pay  all  damages  caused  thereby,  and  commence  in  the  name, 
of  the  port  district  such  eminent  domain  proceedings  and 
supplemental  assessment  or  re-assessment  proceedings  to 
pay  all  eminent  domain  awards  as  may  be  necessary  to 
entitle  said  port  district  to  proceed  with  such  work,  and 
shai!  thereafter  proceed  with  such  work,  and  shall  make 
and  file  with  the  county  treasurer  its  roll  levying  special 
assessments  in  the  amount  to  be  paid  by  special  assessment 
against  the  property  situated  within  such  local  improve- 
ment district  in  proportion  to  the  special  benefits  to  be 
derived  by  the  property  in  such  local  improvement  district 
from  such  improvement. 

Before  the  approval  of  such  roll  a  notice  shall  be  pub- 
lished 10  days  in  one  or  more  daily  newspapers  of  general 
circulation  in  such  local  improvement  district,  stating  that 
such  roll  is  on  file  and  open  to  inspection  in  the  office  of 
the  clerk  of  the  port  commission,  and  fixing  a  time  not  less 
than  15  nor  more  than  30  days  from  the  date  of  the  first 
publication  of  such  notice  within  which  protests  must  be 
filed  with  the  clerk  of  said  port  commission  against  any 
assessments  shown  thereon,  and  fixing  a  time  when  a  hear- 
ing shall  be  held  by  said  commission  on  said  protests. 
After  such  hearing  .the  port  commission  may  alter  any  and 
all  assessments  shown  on  such  roll  and  may  then  by  reso- 
lution approve  the  same,  but  in  the  event  of  any  assessment 
being  raised  a  new  notice  similar  to  such  first  notice  shall 
be  given,  after  which  final  approval  of  such  roll  may  be 
made  by  the  port  commission.  Any  person  feeling  ag- 
grieved by  any  such  assessments  shall  perfect  an  appeal  to 
the  Superior  Court  of  such  county  within  10  days  after 
such  approval  in  the  manner  now  provided  by  law  for  ap- 
peals from  assessments  levied  by  cities  of  the  first  class 
in  this  State.  Engineering  and  office  expenses  in  all  cases 
shall  be  borne  by  the  general  district. 

Fifty  per  cent  of  cost  of  local  improvement  may  be  paid 
from  general  fund.  §  11.  Whenever  any  improvement  shall 
be  ordered,  payment  for  which  shall  be  made  in  part  from 
assessments  against  property  specially  benefited,  not  more 
than  50  per  cent  of  the  cost  thereof  shall  ever  be  borne  by 
the  entire  port  district,  nor  shall  any  sum  be  contributed  by 
it  to  any  improvement  acquired  or  constructed  with  or  by 
any  other  body,  exceed  such  amount,  unless  a  majority 
vote  of  the  electors  of  the  port  district  shall  consent  to  or 
ratify  the  making  of  such  expenditure. 

Funds  in  anticipation  of  revenues.  §  12.  Any  port  com- 
mission is  hereby  authorized,  prior  to  the  receipt  of  taxes 
raised  by  levy,  to  borrow  money  or  issue  the  warrants  of 
the  district  in  anticipation  of  the  revenues  to  be  derived 
by  such  district  from  the  levy  of  taxes  for  the  purpose  of 
such  district  during  the  first  year,  and  such  warrants  shall 
be  redeemed  from  the  first  money  available  from  such 
taxes  when  collected. 

County  treasurer — Funds.     §  13.     The  county  treasurer 


shall  create  a  fund  to  be  known  as  the  "Port  of 

Fund,"  into  which  shall  be  paid  all  money  received  by  him 
from  the  collection  of  taxes  in  behalf  of  such  port  district, 
and  no  money  shall  be  disbursed  therefrom  except  upon 
warrants  of  the  county  auditor  issued  as  in  this  Act  pro- 
vided. The  county  treasurer  shall  also  maintain  such 
other  special  funds  as  may  be  prescribed  by  the  port  com- 
mission, into  which  shall  be  placed  such  moneys  as  the  nort 
commission  may  by  its  resolution  direct,  and  from  which 
disbursements  shall  be  made  upon  proper  warrants  of  the 
county  auditor  issued  against  the  same  by  authority  of  the 
port  commission. 

Cumulative.  §  14.  This  Act  shall  not  be  construed  to 
repeal,  amend  or  modify  any  law  heretofore  enacted  pro- 
viding a  method  of  harbor  improvement,  regulation  or  con- 
trol in  this  State,  but  shall  be  held  to  be  an  additional  and 
concurrent  method  providing  for  such  purpose. 

Passed  by  the  house  March  3,  1911. 

Passed  by  the  senate  March  9,  1911. 

Approved  by  the  governor  March  14,  1911. 

RELATING  TO  TB.\IN  CREWS — 1911. 

An  Act  relating  to  the  safety  of  employes  and  passengers 

on  railroads,  prescribing  the  number  of  men  that  shall 

constitute  a  train  crew,  and  providing  a  penalty  for  the 

violation  thereof. 

Be  it  enacted  by  the  legislature  of  the  State  of  Washington: 

§  1.  It  shall  be  unlawful  for  any  person,  corporation, 
company  or  officer  of  court  operating  any  railroad  or  rail- 
way or  part  of  any  railroad  or  railway,  in  the  State  of 
Washington,  and  engaged,  as  a  common  carrier,  in  the 
transportation  of  freight  or  passengers,  to  operate  over  Its 
road  or  any  part  thereof,  or  suffer  or  permit  to  be  run  over 
its  road  outside  of  the  yard  limits,  any  passenger,  mail  or 
express  train  consisting  of  four  or  more  cars  with  less  than 
a  full  passenger  crew  consisting  of  five  men,  to-wit:  one 
engineer,  one  fireman,  one  conductor,  one  brakeman  and 
one  flagman  (said  flagman  to  have  had  at  least  one  year's 
experience  in  train  service)  and  none  of  the  said  crew  shall  - 
be  required  or  permitted  to  perform  the  duties  of  train  Bag- 
gageman or  express  messenger  while  on  the  road. 

§  2.  It  shall  be  unlawful  for  any  person,  corporation, 
company  or  officer  of  court  operating  any  railroad  or  rail- 
way, or  part  of  any  railroad  or  railway,  in  the  State  of 
Washington,  and  engaged,  as  a  common  carrier,  in  the 
transportation  of  freight  or  passengers,  to  operate  over  its 
road  or  any  part  thereof,  or  suffer  or  permit  to  be  run  over 
its  road  outside  of  the  yard  limits,  any  freight  train  con- 
sisting of  25  or  more  cars  exclusive  of  engine  and  caboose, 
with  less  than  a  full  train  crew  consisting  of  six  rac-n, 
to-wit:  one  engineer,  one  fireman,  one  conductor,  two  brake- 
men  and  one  flagman  (said  flagman  to  have  had  at  least 
one  year's  experience  in  train  service) ;  provided,  however, 
that  light  engine,  without  cars,  shall  have  the  following 
crew,  to-wit:  one  engineer,  one  fireman  and  one  conductor. 

§  3.  Each  train  or  engine  run  in  violation  of  §  1  or  §  2 
of  this  Act  shall  constitute  a  separate  offense;  provided, 
that  nothing  in  this  Act  shall  be  construed  as  applying  in 
the  case  of  disability  of  one  or  more  of  any  train  crew 
while  out  on  the  road  between  division  terminals,  wreck- 
ing trains,  or  to  any  line,  or  part  of  line,  where  not  more 
than  two  trains  are  run  in  each  24  hours. 

§  4.  Any  person,  corporation,  company  or  officer  of  court 
operating  any  railroad  or  railway,  or  part  of  any  railroad  or 
railway,  in  the  State  of  Washington,  and  engaged,  as  a  com- 
mon carrier,  in  the  transportation  of  freight  or  passengers, 
who  shall  violate  any  of  the  provisions  of  this  Act  shall  De 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  |100  nor  more  than  $500  for  each 
offlense. 

§  5.  It  shall  be  the  duty  of  the  railroad  commission  to 
enforce  this  Act. 

Passed  by  the  senate  February  28,  1911. 

Passed  by  the  house  March  8,  1911. 

Approved  by  the  governor  March  21,  1911. 

CHAPTER  21—1911. 

ASSESSING  OPERATING  PBOPERTT  OF  R.AILKOADS. 

An  Act  to  amend  §  12  of  chapter  78,  session  laws  of  1907. 
relating  to  the  assessment  of  the  operating  property  of 
railroads,  approved  March  6,  1907,  and  declaring  an 
emergency. 

Be  ti  enacted  by  the  legislature  of  the  State  of  Washington: 
§  1.    That  §  12  of  chapter  78,  session  laws  of  1907,  re- 


1422 


National  Association  of  Railway  Commissioners 


lating  to  the  assessment  of  the  operating  property  of  rail- 
roads, approved  March  6,  1907,  be  amended  to  read  as 
follows: 

§  12.  In  making  the  assessments  of  the  operating  prop- 
erty of  railroads,  and  in  the  apportionment  of  the  values 
and  the  taxation  thereof,  as  hereinbefore  provided,  all  land 
occupied  and  claimed  exclusively  as  the  right  of  way  for 
railroads,  with  all  the  tracks,  and  substructures  and  super- 
structures which  support  the  same,  together  with  all  side 
tracks,  second  tracks,  tur-outs,  station  houses,  depots,  round- 
houses, machine  shops  or  other  buildings  belonging  to  the 
road  used  in  the  operation  thereof,  without  separating  the 


same  into  land  and  improvements,  shall  be  assessed  and 
taxed  as  real  property.  And  the  rolling  stock  and  other 
movable  property  belonging  to  any  railroad  company  shall 
be  considered  as  personal  property  and  shall  be  assessed 
and  taxed  as  such;  provided,  that  all  of  the  operating 
property  of  street  railroads  shall  be  assessed  and  taxed  aa 
personal  property. 

§  2.  An  emergency  exists  and  this  Act  shall  take  effect 
immediately. 

Passed  by  the  house  February  2,  1911. 

Passed  by  the  senate  February  15,  1911. 

Approved  by  the  governor  February  21,  1911. 


PUBLIC  SERVICE  LAWS  OF  WEST  VIRGINIA 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  III. 

BILL  OF  RIGHTS. 

§  9.  Private  property  shall  not  be  taken  or  damaged 
for  public  use,  without  Just  compensation;  nor  shall  the 
same  be  taken  by  any  company,  incorporated  for  the  pur- 
poses of  internal  Improvement,  until  just  compensation 
shall  have  been  paid,  or  secured  to  be  paid,  to  the  owner, 
and  when  private  property  shall  be  taken  or  damaged  for 
public  use  or  for  the  use  of  such  corporation,  the  compen- 
sation to  the  owner  shall  be  ascertained  in  such  manner 
as  may  be  prescribed  by  general  law;  provided,  that  when 
required  by  either  of  the  parties,  such  compensation  shall 
be  ascertained  by  an  impartial  jury  of  12  freeholders. 

ARTICLE   VI. 

LEGISLATURE. 

§  39.  The  legislature  shall  not  pass  local  or  special 
laws  in  any  of  the  following  enumerated  cases;  that  is  to 
say,  for:  *  *  *  Chartering,  licensing,  or  establishing 
ferries  or  toll  bridges.  *  *  *The  legislature  shall  pro- 
vide, by  general  laws,  for  the  foregoing  and  all  other  cases 
for  which  provision  can  be  so  made;  and  in  no  case  shall  a 
special  Act  be  passed,  where  a  general  law  would  be 
proper,  and  can  be  made  applicable  to  the  case,  nor  in  any 
other  case  in  which  the  courts  have  jurisdiction,  and  are 
competent  to  give  the  relief  asked  for. 

ARTICLE  X. 

TAXATION  AND  FINANCE. 

§  6.  The  credit  of  the  State  shall  not  be  granted  to  or 
in  aid  of  any  county,  city,  township,  corporation  or  person, 
nor  shall  the  State  ever  assume  or  become  responsible  for 
the  debts  or  liabilities  of  any  county,  city,  township,  cor- 
poration or  person;  nor  shall  the  State  ever  hereafter  be- 
come a  joint  owner  or  stockholder  in  any  company  or  as- 
sociation in  this  State  or  elsewhere,  formed  for  any  pur- 
pose whatever. 

ARTICLE  XI. 

CORPORATIONS. 

§  1.  The  legislature  shall  provide  for  the  organization 
of  all  corporations  hereafter  to  be  created  by  general  laws, 
uniform  as  to  the  class  to  which  they  relate,  but  no  corpo- 
ration shall  be  created  by  special  law;  provided,  that 
nothing  in  this  section  contained  shall  prevent  the  legisla- 
ture from  providing  by  special  laws  for  the  connection,  by 
canal,  of  the  waters  of  the  Chesapeake  with  the  Ohio  river 
by  line  of  the  James  river,  Greenbrier,  New  river  and 
Great  Kanawha. 

§  2.  The  stockholders  of  all  corporations  and  joint 
stock  companies,  except  banks  and  banking  institutions 
created  by  laws  of  this  State,  shall  be  liable  for  the  in- 
debtedness of  such  corporations  to  the  amount  of  their 
stock  subscribed  and  unpaid  and  no  more. 

§  3.  All  existing  charters  or  grants  of  special  or  ex- 
clusive privileges  under  which  organization  shall  not  have 
taken  place,  or  which  shall  not  have  been  in  operation 
within  two  years  from  the  time  this  constitution  takes 
effect,  shall  thereafter  have  no  validity  or  effect  whatever; 
provided,  that  nothing  herein  shall  prevent  the  execution 
of  any  bona  fide  contract  heretofore  lawfully  made  in  re- 
lation to  any  existing  charter  or  grant  in  this  State. 

§  4.  The  legislature  shall  provide  by  law  that  in  all 
elections  for  directors  or  managers  of  incorporated  com- 


panies, every  stockholder  shall  have  the  right  to  vote  in 
person,  or  by  proxy,  for  the  number  of  shares  of  stock 
owned  by  him,  for  as  many  persons  as  there  are  directors 
or  managers  to  be  elected,  or  to  cumulate  said  shares  and 
give  one  candidate  as  many  votes  as  the  number  of  direc- 
tors multiplied  by  the  number  of  shares  of  stock  shall 
equal,  or  to  distribute  them  on  the  same  principle  amony. 
as  many  candidates  as  he  shall  think  fit,  and  such  directors; 
or  managers  shall  not  be  elected  in  any  other  manner. 

§  5.  No  law  shall  be  passed  by  the  legislature  granting 
the  right  to  construct  and  operate  a  street  railroad  withir 
any  city,  town  or  incorporated  village  without  requirinf 
the  consent  of  the  local  authorities  having  control  of  th< 
street  or  highway  proposed  to  be  occupied  by  such  street 
railroad. 


ii 


RAILROADS. 

§  7.  Every  railroad  corporation  organized  or  doing 
business  in  this  State  shall  annually,  by  their  proper  offl 
cers,  make  a  report  under  oath,  to  the  auditor  of  publi< 
accounts  of  this  State  or  some  officer  to  be  desig 
nated  by  law,  setting  forth  the  condition  of  their  affairs 
the  operations  of  the  year,  and  such  other  matters  relating 
to  their  respective  railroads  as  may  be  prescribed  by  law 
The  legislature  shall  pass  laws  enforcing  by  suitable  penal 
ties  the  provisions  of  this  section. 

§  8.  The  rolling  stock  and  all  other  movable  propertj 
belonging  to  any  railroad  company  or  corporation  in  this 
State  shall  be  considered  personal  property  and  shall  b< 
liable  to  execution  and  sale  in  the  same  manner  as  th« 
personal  property  of  individuals,  and  the  legislature  shai: 
pass  no  law  exempting  any  such  property  from  executior 
and  sale. 

§  9.  Railroads  heretofore  constructed,  or  that  may  here 
after  be  constructed  in  this  State,  are  hereby  declared  pub 
lie  highways  and  shall  be  free  to  all  persons  for  the  trans 
portation  of  their  persons  and  property  thereon,  undei 
such  regulations  as  shall  be  prescribed  by  law;  and  th( 
legislature  shall,  from  time  to  time,  pass  laws  applicable 
to  all  railroad  corporations  in  the  State,  establishing  rea 
sonable  maximum  rates  of  charges  for  the  transportation 
of  passengers  and  freights,  and  providing  for  the  correc 
tion  of  abuses,  the  prevention  of  unjust  discrimination  be 
tween  through  and  local  or  way  freight  and  passengei 
tariffs,  and  for  the  protection  of  the  just  rights  of  the 
public,  and  shall  enforce  such  laws  by  adequate  penalties 

§  10.  The  legislature  shall.  In  the  law  regulating  rail 
way  companies,  require  railroads  running  through  or  with 
in  a  half  mile  of  a  town  or  village,  containing  300  or  more 
inhabitants,  to  establish  stations  for  the  aCcommodatioi 
of  trade  and  travel  of  said  town  or  village. 

§  11.  No  railroad  corporation  shall  consolidate 
stock,  property  or  franchise  with  any  other  railroad  o 
ing  a  parallel  or  competing  line,  or  obtain  the  possession  oi 
control  of  such  parallel  or  competing  line,  by  lease  or  othei 
contract,  without  the  permission  of  the  legislature. 

§  12.  The  exercise  of  the  power  and  the  right  of  emi 
nent  domain  shall  never  be  so  construed  or  abridged  as  tc 
prevent  the  taking  by  the  legislature  of  the  property  anc 
franchises  of  incorporated  companies  already  organized 
and  subjecting  them  to  the  public  use,  the  same  as  of  indi 
viduals. 

STATUTE  LAW. 

West  Virginia  has  no  railroad  commission.  Following 
are  extracts  from  the  Code  of  1906  and  the  Code  Supple- 
ment of  1909. 


wn 


Public  Service  Laws 


1423 


Foreign  corporations  doing  business  in  State — Condi- 
tions precedent— Penalty.  §  2322.  30.  Any  corporation 
duly  incorporated  by  the  laws  of  any  othsr  State  or  Terri- 
tory of  the  United  States  or  District  of  Columbia,  or  of  any 
foreign  country,  may,  unless  it  be  otherwise  expressly  pro- 
vided, hold  property  and  transact  business  in  this  State, 
upon  complying  with  the  provisions  of  this  section  and 
not  otherwise.  Such  corporation  so  complying  shall  have 
the  rights,  powers  and  privileges,  and  be  subject  to  the 
same  regulations,  restrictions  and  liabilities,  that  are  con- 
ferred and  imposed  by  this  and  chapters  52,  53  and  32  of 
this  code,  as  amended  by  this  Act,  on  corporations  char- 
tered under  the  laws  of  this  State.  Every  such  corporation 
shall  file  with  the  secretary  of  State  a  copy  of  its  articles 
of  association  or  certificate  of  incorporation.  The  secretary 
of  State  shall  issue  to  every  such  corporation  complying 
with  the  provisions  of  this  section  a  certificate  of  the  fact 
of  its  having  done  so,  which  certificate  shall  be  filed  and 
recorded  in  the  office  of  the  clerk  of  the  county  court  of  the 
county,  or  one  of  the  counties,  In  which  its  business  is  con- 
ducted. Such  corporation  shall  also  file  in  the  said  clerk's 
oflSce  a  copy  of  its  charter,  which  shall  be  recorded  therein. 
Every  railroad  corporation  doing  business  in  this  State 
under  the  provisions  of  this  section,  or  under  charters 
granted  or  laws  passed  by  the  State  of  Virginia  or  this 
State,  is  hereby  declared  to  be,  as  to  its  v/orks,  property, 
operations,  transactions  and  business  in  this  State,  a  do- 
mestic corporation,  and  shall  be  so  held  and  treated  in  all 
suits  and  legal  proceedings  which  may  be  commenced  or 
carried  on  by  or  against  any  such  railroad  corporation, 
as  well  as  in  all  other  matters  relating  to  such  corporations. 
No  railroad  or  other  corporation  which  has  a  charter  or  any 
corporate  authority  from  any  other  State  shall  do  business 
in  this  State  as  the  lessee  of  the  works,  property  or  fran- 
chises of  any  other  corporation  or  person,  or  otherwise,  or 
bring  or  maintain  any  action,  suit  or  proceeding  in  this 
State,  until  it  shall,  in  addition  to  what  is  hereinbefore 
required,  file  in  the  office  of  the  secretary  of  State  a  writ- 
ing, duly  executed  under  its  corporate  seal,  accepting  the 
provisions  of  this  section,  and  agreeing  to  be  governed 
thereby,  and  its  failure  so  to  do  may  be  pleaded  in  abate- 
ment of  any  such  action,  suit  or  proceeding;  but  nothing 
herein  contained  shall  be  construed  to  lessen  the  liability 
of  any  corporation,  which  may  not  have  complied  with  the 
requirements  of  this  section,  upon  any  contract  or  for  any 
wrong. 

Every  such  corporation  which  shall  do  business  in  this 
State  without  having  complied  with  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  not  less  than  $500  nor  more 
than  $1,000  for  each  month  its  failure  so  to  comply  shall 
continue.  Prosecutions  under  this  section  shall  be  in  the 
county  in  which  the  seat  of  government  is. 

For  every  certificate  issued  under  this  section  the  sec- 
retary of  State  shall  be  paid  by  the  corporation  a  fee  of  $5. 

Railroad  companies — Ts'um'ber  of  incorporators.  §  2323. 
31.  Any  number  of  persons,  not  less  than  five,  may  become 
a  corporation  for  the  purpose  of  constructing  and  operating 
a  railroad  in  this  State  as  hereinafter  provided. 

Same — Agent  for  service  of  process,  etc. — Penalty  for 
failure  to  appoint.  §  2329.  37.  Every  such  corporation 
shall,  within  100  days  after  organizing,  by  power  of  at- 
torney, duly  executed,  appoint  some  person  residing  in  the 
county  in  this  State  wherein  it  has  the  office  mentioned 
in  the  preceding  section,  to  accept  service  on  behalf  of 
said  corporation  of  any  process  or  notice;  the  said  power 
of  attorney  shall  be  filed  and  recorded  in  the  office  of  the 
clerk  of  the  county  court  of  the  county  in  which  the  at- 
torney resides  and  the  admission  to  record  of  such  power 
of  attorney  shall  be  deemed  evidence  of  a  compliance  with 
the  requirements  of  this  section.  And  whether  such  agent 
accept  the  agency  or  not,  the  service  of  process  upon  such 
person  so  appointed  shall  be  legal  and  binding  on  the 
corporation.  Any  such  corporation  failing  to  comply  with 
such  requirements  shall,  during  the  continuance  of  such 
failure,  forfeit  not  less  than  $500  nor  mor?  than  $1,000  for 
every  six  months  that  such  failure  continues;  and  its 
property,  real  and  personal,  shall  be  liable  to  attachment 
in  like  manner  as  the  property  of  non-resident  defendants. 
Same  —  Personal  liability  of  stockholders  —  Executors, 
guardians,  etc.  §  2338.  46.  No  person  holding  stock  In 
any  such  corporation  as  executor,  administrator,  guardian 
or  trustee,  and  no  person  holding  such  stock  as  collateral 
security   shall    be    personally    subject   to   any   liability    as 


stockholder  of  such  corporation,  but  the  person  pledging 
the  stock  shall  be  considered  as  holding  the  same,  and  shall 
be  liable  as  a  stockholder  accordingly. 

Same — Personal  liability  of  stockholders — Purchasers  at 
public  sale,  etc.  §  2339.  47.  Each  subscriber  to  the  stock 
of  any  railroad  corporation  formed  under  this  chapter,  or 
any  other  general  law  of  the  State,  shall  be  held  in- 
dividually liable  to  the  creditors  thereof  for  any  sum  re- 
maining unpaid  on  the  stock  subscribed  for  by  him,  and 
no  more,  for  the  payment  of  any  debts  or  liabilities  of  such 
corporation.  But  no  person  holding  any  such  stock  by  pur- 
chase and  assignment  from  another,  or  who  shall  purchase 
any  such  stock  at  a  public  sale  thereof,  or  who  shall  re- 
ceive any  such  on  payment  of  any  debt  or  demand  against 
such  corporation,  shall  be  liable  to  the  creditors  of  such 
company  for  any  sum  whatever,  which  may  b§  due  or  un- 
paid on  such  stock,  or  any  part  thereof  due  from  another. 
Same  —  General  powers.  §  2343.  Every  corporation 
formed  under  this  ch.apter  shall.  In  addition  to  the  powers 
hereinbefore   conferred,   have   power: 

Sixth:  To  construct  its  railroad  across,  along  or  upon 
any  stream  of  water,  water-course,  street,  highway,  road, 
turnpike  or  canal,  which  the  route  of  such  railroad  shall 
intersect  or  touch;  but  such  corporation  shall  restore  the 
stream,  water-course,  street,  highway,  road,  turnpike,  or 
canal,  thus  intersected  or  touched,  to  its  former  state,  or 
to  such  state  ■  as  not  unnecessarily  to  have  impaired  its 
usefulness,  and  to  keep  such  crossing  in  repair.  Nothing 
in  this  chapter  contained  shall  be  construed  to  authorize 
the  erection  of  any  bridge  or  any  other  obstruction  across 
or  over  any  stream  navigable  by  steamboats,  at  the  place 
where  any  bridge  or  other  obstruction  may  be  proposed  or  , 
placed,  so  as  to  prevent  the  navigation  of  such  stream; 
nor  to  authorize  the  construction  of  any  railroad  upon  or 
across  any  street  in  the  inhabited  portion  of  the  city,  or 
incorporated  town  or  village,  without  the  assent  of  the 
corporation  of  such  city,  town  or  village;  provided,  that 
any  company  running  its  railroad  through  or  within  half  a 
mile  of  a  town  or  village  within  this  State,  containing  300 
or  more  inhabitants,  shall  establish  a  station  for  the  ac- 
commodation of  trade  and  travel  of  such  town  or  village; 
and  provided,  further,  that  in  case  of  the  construction  of 
said  railroad  along  highways,  roads,  turnpikes  or  canals, 
such  railroads  shall  either  first  obtain  the  consent  of  the 
lawful  authorities  -having  control  or  jurisdiction  of  the 
same,  or  condemn  the  same  under  the  provisions  of  §  48 
of  this  chapter;  and  provided,  further,  that  nothing  in  this 
chapter  shall  be  construed  to  authorize  the  Incorporation 
of  any  railroad  company,  the  purpose  and  effect  of  which 
is  to  connect  two  other  railroads,  and  thereby  abandon  as 
through  routes  any  city  or  town  of  this  State,  which  is  the 
terminus  of  either  or  both  of  said  railroads,  without  the 
consent  of  such  city  or  town. 

Seventh:  To  cross  at  grade,  or  to  cross  over  or  under, 
intersect,  join  and  unite  its  railroad  with  any  other  rail- 
road now  built  and  constructed,  or  hereafter  to  be  built  and 
constructed  within  this  State,  at  any  point  on  its  route, 
and  upon  the  grounds  of  such  other  railroad  company, 
with  the  necessary  turnouts,  sidings  and  switches,  and 
other  conveniences  in  furtherance  of  the  object  of  its 
connections,  and  every  corporation  whose  railroad  is,  or 
shall  be  hereafter,  Intersected  by  any  new  railroad,  shall 
unite  with  the  corporation  owning  such  new  railroad  in 
forming  such  intersection  and  connections  and  grant  the  fa- 
cilities aforesaid;  and  if  the  two  corporations  cannot  agree 
upon  the  amount  of  compensation  to  be  made  therefor,  or 
the  points  and  manner  of  such  crossing  and  connections, 
the  same  shall  be  ascertained  and  determined  in  the  man- 
ner prescribed  by  §  48  of  this  chapter. 

Eighth:  To  receive  and  convey  persons  and  property 
on  its  railroad  by  the  power  and  force  of  steam  or  animals, 
or  by  any  mechanical  power. 

Ninth:  To  erect  and  maintain  all  necessary  and  con- 
venient buildings  and  stations,  fixtures  and  machine'-y  for 
such  connections,  constructions,  transfer,  accommodation 
and  use  of  passengers,  freights  and  business  interests,  or 
which  may  be  necessary  for  the  construction  or  operation 
and  repair  of  said  railroad,  its  track,  roadway  and  ma- 
chinery. 

Tenth:  To  regulate  the  time  and  manner  in  which  pas- 
sengers and  property  shall  be  transported  and  the  com- 
pensation to  be  paid  therefor,  subject,  nevertheless,  to  the 


1424 


National  Association  of  Railway  Commissioners 


provisions  of  any  law  that  has  been  or  may  be  hereafter 
enacted. 

Eleventh:  From  time  to  time  to  borrow  such  sums  of 
money  as  may  be  necessary  for  completing,  finishing,  im- 
proving or  operating  any  such  railroad;  and  to  issue 
bonds,  bills  of  credit  or  indebtedness  and  preferred  stock, 
and  dispose  of  the  same  for  any  amount  so  borrowed  and 
to  mortgage  its  corporate  property  and  franchises,  to  se- 
cure the  payment  of  any  debt  contracted  by  such  corpora- 
tion for  the  purpose  aforesaid;  but  the  concurrence  of  the 
holders  of  two-thirds  in  amount  of  the  stock  of  such 
corporation,  to  be  expressed  in  the  manner  and  under  all 
the  conditions  provided  in  §  45  of  this  chapter,  shall  be 
necessary  to  the  validity  of  any  such  mortgage;  and  the 
order  or  resolution  for  such  mortgage  shall  be  recorded 
as  provided,  in  §35  of  this  chapter;  and  the  directors  of 
such  corporation  shall  be  empowered,  in  pursuance  of  any 
such  order  or  resolution,  to  confer  on  any  holder  of  any 
bond  for  money,  so  borrowed  as  aforesaid,  the  right  to  con- 
vert the  principal  due  or  owing  thereon  into  stock  of 
such  corporation  at  any  time,  not  exceeding  10  years  after 
the  date  of  such  bond,  under  such  regulations  as  may  be 
provided  in  the  by-laws  of  such  corporation. 

Same — Rolling  stock,  etc..  to  6e  personal  property. 
§  2344.  51.  The  roiling  stock  and  all  other  movable  property 
belonging  to  any  such  corporation  shall  be  considered  per- 
sonal property,  and  shall  be  liable  to  execution  and  sale 
in  the  same  manner  as  the  personal  property  of  individ- 
uals. 

Same — Issuance  of  stoelcs,  bonds,  etc. — When  void. 
§  2345.  52.  Every  such  railroad  corporation  may  sell,  issue 
,  and  transfer  its  strcks  or  bonds,  or  both,  for  land,  money, 
labor,  property  or  other  material  to  be  used  for  the  pur- 
poses for  which  the  corporation  was  formed,  and  especially 
for  the  construction  and  equipment  of  its  railroad;  and  in 
case  it  be  found  necessary  to  do  so,  it  may  sell  and  dis- 
pose of  the  same  at  less  than  the  par  value.  But  no  such 
corporation  shall  issue  any  stock,  or  declare  any  stock 
dividend,  except  as  aforesaid,  for  any  sum  which  shall  ex- 
ceed the  net  earnings  of  such  corporation,  and  which  shall 
have  been  actually  and  in  good  faith  applied  and  invested 
in  and  for  the  purposes  of  the  corporation.  All  other  stock 
dividends,  and  all  fictitious  increase  of  the  capital  stock, 
or  indebtedness  of  any  such  corporation,  shall  be  void.*** 

Sam.e — Extension — Consolidation — Lease— Sale  or  pur- 
chase— Parallel  or  competing  lines.  §  2346.  53.  Any  rail- 
road corporation  which  has  been,  or  shall  be,  organized 
under  the  general  laws  of  this  State,  or  deriving  its  fran- 
chise therefrom,  or  organized  under  special  charter,  may 
extend,  with  the  consent  of  the  stockholders  owning  a 
majority  of  the  stock  present  at  any  general  or  special 
meeting  thereof,  its  line  beyond  either  or  both  termini 
named  in  the  articles  of  incorporation  or  special  -charter 
under  which  its  line  is  located;  and  such  extension  may 
be  located  by  the  most  practical  route,  and  may  pass  out 
of  this  State  into  any  other  State,  with  the  assent  of  such 
State,  and  back  into  this  State,  as  often  as  may  be  found 
necessary  in  locating  such  extension,  and  such  corpora- 
tion may  construct,  own  or  operate  such  extension  or  ex- 
tensions in  the  same  manner  and  to  the  same  extent  as  if 
such  extension  or  extensions  had  been  included  in  the 
original  articles  of  association  or  special  charter;  pro- 
vided, however,  that  any  railroad  company  organized  un- 
der special  charter,  by  extending  its  line,  shall  not  carry 
■with  It  any  special  privileges  guaranteed  it  under  its  char- 
ter, as  to  such  extension,  but  only  such  rights  and  priv- 
ileges as  are  conferred  under  the  general  law;  provided, 
that  such  corporation  before  commencing  any  such  exten- 
sion, in  this  State,  shall  file  in  the  office  of  the  secretary 
of  State  a  certificate  stating  the  point  at  or  near  which 
such  extension  in  this  State  shall  commence  and  termin- 
ate. No  railroad  corporation  owning  or  operating  a  rail- 
road wholly  or  in  part  within  this  State  shall  consolidate 
Its  capital  stock  with  any  other  railroad  running  a  parallel 
or  competing  line,  without  the  consent  of  the  legislature, 
but  any  such  railroad  corporation  whose  line  of  railroad  is 
made,  or  is  in  process  of  construction,  may  merge  or  con- 
solidate with,  or  lease  its  railroad  or  any  part  thereof  for 
a  term  of  years  to,  any  other  corporation  of  this  or  an  ad- 
Joining  State  owning  or  operating  a  line  of  railroad  com- 
pleted or  in  process  of  construction,  wholly  or  partly 
within  this  or  an  adjoining  State,  and  connected  directly 
or  by  means  of  an  Intervening  railroad  or  railroads,  in 


order  to  make  a  continuous  line  of  railroad  to  be  run  and 
operated  with  or  without  changes  of  cars,  or  break  of  bulk, 
or  exchange  or  transfer  of  passengers  or  freight;  and  may 
sell  to  or  purchase  such  connecting  line  of  railroad;  and 
may  adopt  another  name  for  their  said  road  thus  merged, 
consolidated  or  connected,  by  filing  in  the  office  of  the 
secretary  of  State  a  declaration  of  the  adoption  of  such 
other  name;  and  shall  publish  such  declaration  for  60  days 
in  all  newspapers  published  along  the  line  of  such  rail- 
road; but  such  merger,  consolidation  or  sale  shall  be  made 
only  upon  terms  and  conditions  as  shall  be  agreed  to  by 
the  stockholders  owning  a  majority  of  the  stock  In  each 
of  the  companies  so  merging,  consolidating,  purchasing  or 
selling;  provided,  that  where  two  or  more  railroad  com- 
panies have  been  heretofore  incorporated  under  and  by 
virtue  of  the  laws  of  this  State  for  the  construction  of 
two  or  more  lines  of  railroad  which  have  been  located  or 
surveyed  along  the  same  line  between  any  points  or  places, 
and  each  of  said  corporations  has  acquired  separate  and 
distinct  rights  and  interests  under  their  respective  char- 
ters, or  made  or  performed  any  work  toward  the  construc- 
tion of  the  improvements  contemplated  by  their  respective 
charters,  it  shall  be  lawful  for  the  boards  of  directors  of 
said  corporations,  with  the  consent  of  the  stockholders 
owning  a  majority  of  the  stock  of  each  of  the  corporations 
interested,  to  merge  or  consolidate  the  capital  stock  cf 
their  respective  companies,  or  to  consolidate  different  in- 
terests in  the  same  road,  upon  such  terms  as  they  mar 
agree  upon;  or  for  one  or  more  of  such  corporations  to 
make  sale  of  all  their  right,  title  and  interest,  including 
the  franchises  of  such  corporations,  to  such  other  corporsi- 
tions,  in  such  manner  as  may  be  deemed  advisable;  pn- 
vided,  however,  that  such  merger  or  consolidation  or  pui- 
chase  shall  not  invalidate  any  action,  suit,  claim  or  deman  1 
against  any  or  either  of  the  companies  who  are  parties 
thereto,  and  any  such  action,  suit,  claim  or  demand  sha  1 
be  held  to  be  in  full  force  against  the  company  ownin ; 
such  consolidated  or  merged  line  of  railroad,  and  in  n ) 
case  shall  any  consolidation  or  merger  or  sale  take  placf , 
except  after  60  days'  notice,  which  notice  shall  be  given  i  i 
the  manner  prescribed  in  §45  of  this  chapter;  providec , 
that  every  railroad  corporation  doing  business  in  this  Stat ; 
under  charters  granted  or  laws  passed  by  the  State  cf 
Virginia  is  hereby  declared  to  be,  as  to  its  works,  propert;  , 
operations,  transactions,  and  business  in  this  State,  i 
domestic  corporation  and  shall  be  so  held  and  treated  I  i 
all  suits  and  legal  proceedings  which  may  be  commence  I 
or  carried  on  by  or  against  any  such  railroad  corporatioi . 
as  well  as  in  all  other  matters  relating  to  such  corpon  - 
tion;  but  such  corporation  shall  not  be  required  to  file  i. 
copy  of  its  charter  or  any  writing  with  the  secretary  c  f 
State,  as  provided  in  §  30  of  chapter  54  of  the  code  of  Weft 
Virginia;  and  all  leases  of  railroads  heretofore  made  b< - 
tween  railroad  companies,  as  provided  in  this  sectioi  , 
shall  be  deemed  valid.  And  it  shall  be  lawful  for  an  ^ 
railroad  company,  created  under  the  laws  of  this  Stat> , 
or  of  this  State  and  any  other  State  or  States,  to  coi  - 
solidate  with  any  other  railroad  or  railroads  in  this  Stats 
or  other  States;  or  such  railroad  company  of  this  Stats 
or  of  this  State  and  other  States,  may  purchase  the  rail- 
road corporate  rights  and  franchises  of  any  railroad  con  - 
pany  created  under  the  laws  of  this  State  or  of  this  Stat  a 
and  any  other  State  or  States;  provided,  the  railroad  cr 
railroads  so  proposed  to  be  consolidated  or  purchased  ai  e 
not  parallel  or  competing  railroads  to  the  company  cori- 
solidating  or  purchasing  the  same;  and  provided,  furthe-, 
that  the  railroad  or  railroads  so  proposed  to  be  con- 
solidated or  purchased  form  with  the  railroad  of  the  coni- 
■  pany  consolidating  or  purchasing  the  same,  either  directly 
or  by  means  of  other  intervening  railroad  or  railroads,  a 
through  line  for  the  transportation  of  persons  and  proji- 
erty;  and  provided,  further,  that  the  agreement  for  sucti 
consolidation,  or  purchase,  shall  be  first  made  between  the 
directors  of  the  different  companies  so  proposing  to  consol- 
idate or  purchase  and  sell,  and  before  the  same  shall  be 
effective  the  same  shall  be  ratified  by  the  votes  of  two- 
thirds  in  amount  of  all  the  stockholders  of  each  of  the 
companies,  parties  to  such  agreement.  Such  agreement 
may  be  ratified  by  such  stockholders  at  any  annual  or 
special  meeting  of  such  stockholders;  due  notice  of  such 
meeting,  showing  the  time,  place  and  object  of  such  meet- 
ing, shall  be  published  once  a  week  for  four  weeks  in  the 
newspapers  in  which  the  notice  of  the  annual  meetings 
of  such  companies   is  published,   and   a  printed  copy  of 


Public  Service  Laws 


142'5 


such  notice  shall  also  be  mailed,  postpaid,  to  the  address  of 
each  stockholder  of  record,  of  each  of  the  companies  par- 
ties to  said  agreement,  at  least  30  days  prior  to  the  time 
of  such  meeting;  and  provided,  further,  that  the  portion  of 
railroad  or  railroads  in  this  State  so  proposed  to  be  con- 
solidated, or  purchased,  shall  continue,  in  all  respects,  sub- 
ject to  the  jurisdiction  of  the  laws  of  this  State  and 
especially  in  respect  to  the  laws  relating  to  taxation. 

Same — Powers  reserved  to  legislature.  §  2348.  55.  The 
right  is  reserved  to  the  legislature  to  enact  from  time  to 
time  laws  applicable  to  all  the  railroad  corporations  in  the 
State,  establishing  reasonable  maximum  rates  of  charges 
for  the  transportation  of  passengers  and  freights;  and 
providing  for  the  correction  of  abuses,  the  prevention  of 
unjust  discrimination  between  through  and  local  or  way 
freight  and  passenger  tariffs,  and  for  the  protection  of  the 
just  rights  of  the  public. 

Same — Subscription  to  stock  of  railroad  companies  6j/ 
counties,  etc. — Election — Forfeiture  of  charter.  §  2350.  57. 
Subscriptions  to  the  capital  stock  of  any  such  corporation 
may  be  made  by  any  county,  or  any  district  therein,  or 
any  incorporated  city,  town  or  village,  through,  by,  or  near 
which  said  railroad  is  located,  in  the  manner  prescribed 
by  §  24  of  chapter  39  of  this  code,  and  all  the  provisions  of 
said  section  shall  be  applicable  to  such  subscriptions;  ex- 
cept that  when  the  subscription  is  proposed  to  be  made 
by  such  city,  town  or  village,  the  ordef  for  taking  the  vote 
on  the  question  shall  he  made  by  the  council  thereof,  and 
the  election  shall  be  held,  superintended  and  returned  and 
the  result  ascertained  in  the  same  manner  as  elections  held 
therein  for  municipal  oiHcers.  If  any  such  subscriptions 
be  made  to  the  capital  stock  of  such  railroad  corporation, 
and  such  corporation  shall  afterwards  forfeit  its  charter, 
or  shall  otherwise  fail  to  construct  its  railroad  according 
to  the  provisions  of  its  charter,  or  shall  fail  to  comply 
with  the  terms  of  its  agreement  with  such  county,  dis- 
trict, city,  town  or  village,  under  which  such  subscription 
has  been  or  shall  be  made,  the  subscription  so  made  shall 
be  void. 

Same — Agent  to  make  subscription — Payment — Bonds — 
Execution  and  delivery.  §  2351.  58.  When  any  such  suD- 
ecription  has  been  authorized  as  aforesaid,  the  county  court 
of  the  county,  or  the  council  of  the  city,  town,  or  village 
(as  the  case  may  be)  shall  appoint  an  agent  to  make  the 
subscription  on  the  part  of  such  county,  district,  city,  town 
or  village  upon  the  terms  and  conditions  specified  in  the 
order  under  which  the  vote  is  taken.  Said  subscription 
shall  be  paid  in  cash,  or  in  the  coupon  bonds  of  such 
county,  district,  city,  town  or  village,  bearing  interest  at  a 
rate  not  exceeding  six  per  centum  per  annum,  and  re- 
deemable in  such  time,  not  exceeding  thirty-four  years,  as 
such  court  or  council  may  prescribe;  which  bonds  shall  be 
received  by  said  corporation  at  par.  The  president  of  the 
county  court  shall  have  power,  when  so  directed  by  such 
court,  by  an  order  entered  of  record  therein,  to  execute  and 
deliver  the  bonds  of  his  county  or  of  any  district  therein, 
to  the  corporation  to  the  capital  stock  of  which  such  sub- 
scription has  been  made;  and  the  mayor  of  any  such  city, 
town  or  village  shall  have  power,  when  so  directed  by  an 
order  or  resolution  of  the  council  thereof,  entered  of  rec- 
ord, to  execute  and  deliver  the  bonds  of  such  city,  town, 
or  village  to  such  corporation.  The  bonds  of  any  such 
county,  and  of  any  district  therein,  shall  be  valid  and  bind- 
ing thereon  when  signed  by  the  president  of  the  county 
court  of  such  county,  and  countersigned  by  the  clerk  of 
such  court,  with  the  seal  of  such  county  attached  thereto; 
and  the  bonds  of  any  such  city,  town  or  village  shall  be 
binding  thereon  when  signed  by  the  mayor  thereof  and 
countersigned  by  the  recorder,  clerk  or  other  recording 
officer,  with  the  seal  of  the  corporation  attached. 

Same — Levy  of  tax  to  pay  subscriptions — Interest  ot 
bonds,  etc. — Collection.  §  2352.  59.  At  the  time  the 
annual  levy  of  any  such  county,  city,  town  or  village  is 
laid,  there  shall  be  a  tax  levied  on  all  the  property  subject 
to  taxation  therein,  sufficient  to  pay  the  amount  of  such 
subscription,  if  payable  in  cash,  or  to  pay  the  annual  in- 
terest on  the  bonds  of  the  county,  city,  town  or  village,  if 
bonds  be  issued,  and  to  create  a  sinking  fund  to  pay  the 
principal  when  it  shall  become  due;  and  in  case  of  such 
subscription  being  made  by  a  district  of  any  county,  the 
County  Court  of  such  county  shall  levy  such  tax  on  the 
property  subject  to  taxation  in  such  district.  Such  taxes 
ehall  be  collected  and  accounted  for  in  the  same  manner 
as  other  taxes  and  levies. 


Same — Proxies  for  counties,  etc. — Dividends — Agents  to 
collect.  §  2353.  60.  The  right  of  the  stock  of  such  com- 
pany so  subscribed  for  shall  vest  in  such  county,  district, 
city,  town  or  village  making  the  same,  and  the  County 
Court  of  the  county,  or  council  of  the  city,  town  or  village 
shall  from  time  to  time,  as  may  be  necessary,  appoint  prox- 
ies to  represent  the  stock  held  by  such  county,  district, 
city,  town  or  village,  in  the  meetings  of  the  stockholders 
of  the  company,  and  also  an  agent  to  collect  the  dividend 
on  such  stock;  which  dividend,  when  collected,  shall  be 
applied  annually  in  diminution  of  the  county,  district, 
city,  town  or  village  levy. 

Protection  of  county  subscriptions  to  railroads — Sale  of 
corporate  franchise — Consent  of  county.  §  2354.  GOa.  I. 
That  where  the  line  of  any  railroad  company,  heretofore  or 
hereafter  chartered  by  this  State,  has  been  constructed 
through  any  county  or  counties  in  this  State,  wholly  by 
the  subscription  of  such  county  or  counties  to  its  capital 
stock,  such  railroad  company  shall  not  sell  or,  convey  its 
franchise  to  any  foreign  corporation,  or  to  any  other  rail- 
road company,  without  the  consent  of  the  County  Court 
of  the  county  or  counties  through  which  the  line  of  said 
railroad  has  been  so  constructed. 

Same — Consent — How  given — Confirmation.  §  2355.  60a. 
II.  Such  consent  may  be  given  upon  such  terms  of  com- 
pensation, or  otherwise,  as  said  County  Court  or  courts 
may  contract  or  agree  upon,  with  the  vendor  or  vendee,  or 
both.  Should  such  sale  or  conveyance  be  by  a  commis- 
sioner or  other  officer  of  the  Circuit  Court  of  such  county 
or  counties,  any  such  contract  or  agreement  shall  be  sub- 
ject to  confirmation  by  such  Circuit  Court. 

Same — Application  of  sections  to  tribunal  established  in 
lieu  of  county  courts.  §  2356.  60a.  III.  The  provisions 
of  the  above  sections  shall  apply  to  any  tribunal  estab- 
lished in  lieu  of  a  County  Court,  under  the  constitution. 

Same — Power  to  convey  or  incumber  franchise  not  en- 
larged— Tested  rights.  %  2357.  60a.  IV.  Nothing  herein 
contained  shall  be  construed  to  enlarge  the  powers  of  such 
railroad  companies  to  convey  or  encumber  their  franchise; 
nor  to  interfere  with  any  vested  rights  further  or  other- 
wise than  may  be  lawfully  done  by  the  legislature. 

Coal  and  coke — Purchase,  sale,  etc.,  by  railroad  co'mpa- 
nies  prohibited.  §  2363.  66b.  I.  It  shall  be  unlawful  for 
any  railroad  corporation  to  engage,  directly  or  indirectly,  in 
the  business  of  buying  and  selling  coal  or  coke,  or  to 
promise,  pledge  or  lend  its  credit,  money  or  other  property 
or  thing  of  value  to  another,  either  natural  or  corporate, 
engaged  in  such  business,  but  nothing  herein  shall  pre- 
vent such  corporation  from  purchasing  such  articles  for 
its  own  consumption,  or  when  it  is  the  owner  of  any  such 
commodities,  from  selling  and  shipping  the  same;  pro- 
vided, in  doing  so  such  corporation  shall  not  discriminate 
in  rates,  distribution  of  cars  or  otherwise  against  other 
shippers  of  like  commodities  on  its  lines;  and  provided, 
further,  that  when  such  company  has  the  right  to  sell 
either  of  such  commodities,  and  is  unable  from  any  cause 
to  fill  any  bona  fide  contracts  it  may  have  made  to  supply 
such  commodities,  or  either  of  them,  it  may  purchase 
them  to  enable  it  to  fill  such  contracts. 

Same — Discrimination  among  shippers.  §  2364.  66b. 
II.  Every  railroad  corporation  along  whose  line  of  rail- 
road the  industries  of  mining  coal  or  manufacturing  coke 
is  carried  on  shall,  without  discrimination  between  or 
amongst  shippers,  and  without  unnecessary  delay,  make  a 
reasonable  provision  for  the  transportation  of  all  such 
coal  and  coke  offered  for  transportation  over  its  railroad, 
and  no  such  railroad  corporation  shall  discriminate  in 
rates,  distribution  of  cars  or  otherwise  against  or  among 
shippers  of  coal  or  coke  offered  for  shipment  on  its  line 
or  lines. 

Same — Jurisdiction  of  offenses.  §  2365.  66b.  III.  Tho 
Circuit  and  Criminal  Courts  of  every  county  through  or  into 
which  the  railroad  of  any  such  railroad  corporation  vio- 
lating any  or  either  of  the  provisions  of  this  Act  may 
pass,  shall  have  concurrent  jurisdiction  of  all  the  offenses 
under  and  violations  of  the  provisions  of  this  Act. 

Same — Penalties  for  offenses.  §  2366.  66b.  IV.  Any 
railroad  corporation  or  officer  or  agent  thereof  who  shall 
knowingly  and  wilfully  violate  any  of  the  provisions  of  this 
Act  shall,  for  each  and  every  such  offence,  be  deemed  guilty 
of  a  misdemeanor,  and  upon  indictment  and  conviction 
thereof  shall  be  fined  not  less  than  ?50  nor  more  than  $500. 

Existing  railroads — Powers — Privileges — Duties,  and  Ha- 


1426 


National  Association  of  Railway  Commissioners 


bilities.  §  2367.  67.  All  existing  railroad  corporations  within 
this  State  shall  respectively  have  and  possess  all  the  pow- 
ers and  privileges,  and  he  subject  to  all  the  duties  and 
liabilities  and  provisions  contained  in  this  chapter. 

Authority  of  railroad  company  to  receive  donations,  etc. 
— Subscriptions  for  stock— How  payable.  §  2368.  68.  All 
railroad  companies  organized  or  constructed  under  the 
provisions  of  this  chapter  may,  and  they  shall  have  power 
and  authority  to  receive  donations  and  devices  of  lands, 
property  and  materials  and  to  receive  subscriptions  to 
their  capital  stock,  payable  in  lands,  property,  materials, 
work,  labor  and  otherwise,  upon  such  terms  and  conditions 
as  the  directors  and  owners  may  agree  and  determine,  and 
may  also  receive,  purchase  and  hold  real  estate  as  a  basis 
for  the  construction  of  the  railroad  of  any  such  corpora- 
tion, and  to  issue  stocks  or  bonds,  or  both,  for  the  pay- 
ment of  the  same,  upon  such  terms  and  conditions  as  the 
stockholders,  directors  or  owners  thereof  may  agree  upon 
and  determine,  and  to  sell  and  convey  such  real  estate 
upon  such  terms  and  conditions  as  the  corporation  may 
authorize. 

Railroads — Lateral  and  branch  roads — Telegraph  lines. 
§  2369.  69.  Any  railroad  company  organized  under  this 
chapter  may  build  and  construct  lateral  and  branch  roads, 
or  tramways,  and  of  any  gauge  whatever,  not  exceeding  50 
miles  in  length,  and  may  build  planes  and  gravity  roads,  use 
and  operate  any  part  or  portion  of  their  said  main  line  and 
branch  or  branches  when  completed,  the  same  as  though 
the  whole  of  their  said  proposed  railroad  was  fully  com- 
pleted; and  in  the  construction  of  their  bridges  across  any 
river  or  navigable  stream,  may  provide  for  the  passage 
of  wagons  or  other  travel,  collecting  tolls  therefor  as  pre- 
scribed by  law;  and  may  erect  and  operate  a  telegraph 
line  or  lines,  with  the  right  to  use.  control  and  operate 
the  same  along  the  line  of  their  said  railroad  and  branches, 
and  connecting  with  any  of  their  said  works,  offices  and 
improvements. 

Sections  2370  and  2373,  enacted  in  1885,  provide  that 
the  owners  or  lessees  of  industrial  establishments  mav 
build  branch  railroads  not  over  12  miles  in  length  to  an 
existing  railroad  or  canal  or  to  a  river,  and  may  condemn 
land  for  that  purpose. 

Lateral  railroads — Who  may  construct — Purposes — En- 
try of  lands — Condemnation — Damages— Crossing  rountry 
roads.  §  2370.  69a.  I.  If  any  owner  or  owners,  lessee  or 
lessees  of  timber  land,  quarries,  mills,  oil  or  salt  wells, 
coal  mines,  lime  kilns  or  other  real  estate,  in  the  vicin- 
ity of  any  railroad,  canal  or  slack  water  navigation, 
made  or  to  be  made,  and  no't  more  than  12  miles  distant 
therefrom,  shall  desire  to  make  a  railroad  thereto  over 
any  intervening  lands,  he  or  they,  their  engineers  and 
agents  may  enter  upon  any  such  lands,  and  survey  and 
mark  such  route  as  he  or  they  shall  think  proper  to 
adopt,  doing  no  damage  to  the  property  explored,  and 
thereupon  may  present  a  petition  to  the  Circuit  Court 
of  the  county  in  which  said  intervening  land  is  situ- 
ated, setting  forth  his  or  their  desire  to  be  allowed  to 
construct  or  finish  a  railroad  in  and  upon  the  said 
route  and  the  beginning,  course  and  distances  thereof, 
and  place  of  intersection  with  the  main  railroad,  canal 
or  slack  water  navigation,  which  shall  be  filed  in  said 
court;  whereupon  the  said  court  shall  appoint  five  dis- 
interested and  judicious  men,  who  shall  be  freeholders, 
resident  in  the  said  county,  who  shall  be  appointed  as 
provided  in  chapter  42  of  the  code,  as  amended  and 
re-enacted  by  the  Acts  of  1881,  and  as  amended  by  the 
Acts  of  1882  and  1883,  and  as  it  may  hereafter  be 
amended,  and  who  shall  view  the  said  proposed  route 
for  a  railroad  and  examine  the  same,  and  if  they  or 
any  three  of  them  shall  deem  the  same  needful  and 
useful  for  the  transportation  of  timber,  or  coal,  or  miner- 
als, or  natural  oil,  either  in  a  crude  or  manufactured 
state,  to  market,  and  the  condemnation  of  the  prop- 
erty necessary  and  of  public  utility,  and  that  no 
other  practicable  route  would  subserve  the  purposes  of 
the  one  asked  to  be  condemned,  they  shall  forthwith 
report  in  writing  to  the  said  court  what  damages  will 
be  sustained  by  the  owner  or  owners  of  the  said  inter- 
vening lands,  asked  to  be  condemned,  by  the  opening, 
constructing,  completing  and  using  of  the  said  railroad 
perpetually;  or  if  the  person  or  persons  petitioning  ask 
In  their  petition  for  the  use  of  said  real  estate  for  a 
limited  time  only,  then  for  such  period  of  time,  and  the 
report  of  the  said  viewers  and  appraisers  shall  be  filed 


of  record  in  the  said  court,  and  the  proceedings  there-  j 
after  in  the  said  court  shall  be  as  provided  for  by  law,  1 
or  as  may  hereafter  be  provided  for  by  law,  except  as 
may  herein  be  otherwise  provided.  Whenever  any 
county  road  is  necessary  to  be  crossed  or  to  be  used 
by  a  railroad  of  the  kind  herein  authorized,  such  coun- 
try road  shall  be  crossed  and  used  in  the  same  manner 
and  upon  the  same  conditions  as  any  tuch  county  road 
can  now  be  legally  crossed  and  used  by  any  other  rail- 
road. 

Same— Right  of  way — Width — Character  of  road.  §  2o73. 
69a.  IV.  The  said  right  of  way  shall  not  exceed  Ifi 
feet  in  width,  and  for  the  purposes  of  excavations  and 
embankments  the  petitioner  may  take  as  much  more 
land  in  accordance  with  the  foregoing  provisions  as 
may  be  necessary  for  the  proper  construction,  repair 
and  security  of  the  said  road,  and  within  this  limit  may 
be  of  such  width  as  may  be  asked  for  in  the  petition  of 
the  applicants,  and  it  shall  not  be  lawful  to  condemn 
land  for  this  kind  of  a  railroad  that  could  not  lawfully 
be  condemned  for  any  other  railroad;  the  railroad  maj' 
be  single  or  double  track  and  formed  of  wood,  stone, 
and  iron,  each  or  all  of  them,  as  the  proprietor  of  the  j 
said  road  shall  adopt.  ] 

Same — Transportation  for  others — Common  carriers 
§  2374.  69a.  V.  Any  person  desiring  the  proprietor  oi 
proprietors  of  such  a  railroad,  as  is  authorized  by  this 
chapter,  to  haul  foV  him  over  said  road  any  sand,  tim 
ber,  lumber,  coal,  minerals,  natural  oil  or  articles  made 
from  any  of  these  materials,  and  for  which  the  said 
railroad  and  the  engines,  trucks,  cars,  wagons,  or  ve 
hides  used  thereon  by  the  proprietor  are  adapted,  may 
require  such  proprietor  or  proprietors,  when  called  upon, 
to  transport  such  freight,  and  to  this  extent  they  shall 
be   deemed    common    carriers. 

Same  —  Rates  of  transportation  —  Determination  by 
county  court.  §  2375.  69a.  VI.  In  case  the  person  de- 
siring freight  hauled  and  the  proprietor  or  operator  of 
the  said  road  and  the  said  person  cannot  agree  upon  the 
rate  for  transporting  the  said  freight,  the  said  person 
desiring  the  freight  hauled  may  move  the  county  court 
of  the  county  where  the  said  road  intersects  the  rail- 
road, canal  or  slack  water  to  which  it  is  built,  after 
having  first  given  five  days'  notice  to  the  person  oper- 
ating said  road,  or  if  such  person  cannot  be  found, 
then  to  any  person  in  charge  of  the  road,  or  if  no 
such  person  can  be  found,  by  posting  and  leaving  posted 
in  five  public  places  on  the  line  of  said  road  copies  of 
the  said  notice,  to  fix  the  rate  of  compensation  to  be 
paid  for  transporting  the  said  freight,  and  the  said 
court,  after  hearing  any  testimony  that  may  be  offered, 
shall  fix  the  compensation  to  be  received  by  the  opera- 
tor of  said  road,  which  rates  may  in  like  manner  be 
altered  from  time  to  time  upon  the  motion  of  any 
party  interested,  and  he  shall  be  compelled  to  haul 
the  goods  at  that  rate,  as  well  as  any  other  goods  that 
may  be  offered  by  any  other  person  of  like  kind  with  the 
goods  for  which  the  rate  has  been  fixed  by  the  court; 
and  for  refusing  to  carry  the  freight  as  aforesaid,  the 
person  or  persons  controlling  the  said  road  shall  be 
subject  to  all  the  liabilities  and  recoveries  that  any 
other   railroad   would   be   subject  to. 

Railroads  declared  public  highways — Duties  as  to  trai_ 
portation— Charges.  §  2381.  71.  Railroads  heretofore  or 
hereafter  constructed  in  this  State  are  hereby  declared 
public  highways,  and  shall  be  free  to  all  persons  for  the 
transportation  of  their  persons  and  property  thereon, 
under  such  regulations  as  now  are  or  may  be  pre- 
scribed by  law,  but  nothing  in  this  section  contained 
shall  be  construed  to  exempt  any  person  from  the  . 
payment  of  the  lawful  charges  for  such  transportation.       I 

Accommodations  at  railroad  stations — Time  tables — No-  I 
tice  of  delayed  trains,  etc.  §  2382.  71a.  I.  Thf^.t  any 
company  or  persons  operating  a  railroad  in  this  State 
are  required  at  all  stations  to  provide  and  keep,  for  the 
accommodation  of  travelers,  suitable  water-closets,  and 
at  stations  where  they  keep  an  agent,  to  keep  posted  in 
a  conspicuous  place,  at  or  near  the  entrance  to  the  ' 
passenger  depot,  a  table  giving  the  time  of  arrival  and 
departure  of  all  trains  carrying  passengers,  and  which 
stop  regularly  at  such  station,  and  also  the  direction 
in  which  each  train  is  bound;  and  at  all  stations  at 
which    there    is    a    telegraph    office,    the    said    company 


Public  Service  Laws 


1497 


shall  be  required  to  keep  a  blackboard  at  least  4  feet 
In  length  and  2  feet  in  width,  in  a  conspicuous  place 
outside  of  and  near  to  the  entrance  to  the  said  office, 
upon  which  notice  shall  be  given  at  least  15  minutes 
before  the  schedule  time  of  any  train  carrying  passen- 
gers and  stopping  at  such  station  whether  such  train 
is  on  the  schedule  time  or  not,  and  if  late,  how  much. 
Every  such  passenger  station  shall  be  opened  and  kept 
open  for  at  least  one  hour  before  the  arrival  of  each 
passenger  train.  For  every  violation  of  any  of  the 
provisions  of  this  Act.  the  said  company  or  persons  shall 
be   liable   to   a   fine   of   $10. 

Sale  of  railroad — Rights  of  purchasers — Purchaser  to  be 
corporation — Dissolution  of  old  corporation.  §  2383.  72. 
If  a  sale  shall  be  made  under  a  deed  of  trust  or  mort- 
gage executed  by  a  railroad  corporation  on  all  its  works 
and  property,  or  if  the  sale  of  such  property  shall  be 
made  under  the  decree  of  a  court,  and  there  be  a  con- 
veyance to  any  person  or  persons  pursuant  to  any  such 
sale,  said  sale  and  conveyance  shall  pass  to  the  pur- 
chaser at  such  sale,  not  only  the  works  and  property 
of  the  corporation  as  they  were  at  the  time  of  malting 
the  deed  of  trust  or  mortgage,  but  any  works  which  the 
company  may,  after  that  time  and  before  the  sale,  have 
constructed,  and  all  ofher  property  of  which  it  may  be 
possessed  at  the  time  ot  the  sale,  other  than  debts  due 
to  it.  Upon  such  conveyance  to  the  purchaser  the  said 
company  shall  ipso  facto  be  dissolved,  and  the  said 
purchaser  shall  forthwith  be  a  corporation  by  any  name 
which  may  be  set  forth  in  said  conveyance  or  in  any 
."writing  signed  by  him  or  them,  and  recorded  in  the 
office  of  the  clerk  of  the  county  court  of  any  county 
wherein  the  property  so  sold,  or  any  part  thereof,  is 
situated. 

Same — Powers,  duties  and  liabilities  of  new  corporation 
— Interest  of  purchaser  to  be  personal  property — Shares  of 
stock — Stockholders'  meetings.  §  2384.  73.  The  corpora- 
tion created  by  or  in  consequence  of  such  sale  and 
conveyance  shall  succeed  to  all  such  franchises,  rights, 
and  privileges,  but  not  immunity  from  taxation,  and 
perform  all  such  duties  as  would  have  been  had,  or 
should  have  been  performed  by  the  first  company,  but 
for  such  sale  and  conveyance;  save  only,  that  the  cor- 
poration so  created  shall  not  be  entitled  to  debts  due 
to  the  first  company,  and  shall  not  be  liable  for  any 
debts  of  or  claims  against  the  said  first  company,  which 
may  not  be  expressly  assumed  in  the  contract  of  pur- 
chase; and  that  the  whole  profits  of  the  business  done 
by  such  corporation  shall  belong  to  the  said  purchaser 
and  his  assigns.  His  interest  in  the  corporation  shall 
be  personal  estate,  and  he  or  his  assigns  may  create 
so  many  shares  of  stock  therein  as  he  or  they  may 
tliink  proper,  not  exceeding  together  the  amount  of 
stock  in  the  first  company  at  the  time  of  the  sale,  and 
assign  the  same  in  a  book  kept  for  that  purpose.  The 
said  shares  shall  thereupon  be  on  the  footing  of  shares 
in  joint  stock  companies  generally,  except  only  that  the 
first  meeting  of  the  stockholders  shall  be  held  on  such 
day  and  at  such  place  as  shall  be  fixed  by  the  said 
purchaser,  of  which  notice  shall  be  published  for  four 
consecutive  weeks  in  a  newspaper  printed  in  each 
county  in  the  State,  wherein  said  corporation  may  do 
business. 

"Internal  improvements."  §  2386.  75.  The  words  "in- 
ternal improvement,"  when  used  in  this  chapter,  shall  be 
construed  to  apply  to  and  include  railroads,  canals,  toll 
bridges  and  turnpikes  on  which  tolls  are  permitted  to  be 
charged  and  collected. 

Railroads  may  become  sureties  for,  or  guarantors  of, 
bonds,  stock  or  debts  of  other  railroad  companies — Aiding 
other  railroad  company  —  Lease  of  road.  §2467.  82a.  I. 
Any  railroad  company  may,  with  the  assent  of  the  holders 
of  two-thirds  of  its  stock,  had  by  a  vote  at  a  stockholders' 
meeting,  become  surety  for,  or  guarantee  the  bonds,  stock 
or  debt  of  any  railroad  company,  or  in  any  other  manner 
aid  such  railroad  company  in  the  construction  of  its  rail- 
road, or  other  works  or  improvements,  and  with  like  con- 
sent may  lease  its  road  to  any  other  railroad  corporation 
within  this  State. 

Same — Consolidation,  etc.,  with  parallel  or  competing 
line,  prohibited.  §  2468.  82a.  II.  This  Act  shall  not  oe 
construed  to  authorize  any  railroad  corporation  to  con- 
solidate its  stock,  property  or  franchise  with  any  other 


railroad  owning  a  parallel  or  competing  line,  nor  to  ob- 
tain the  possession  or  control  of  such  parallel  or  compet- 
ing line  by  lease  or  other  contract. 

Corporate  bonds — Power*  to  tssue — Change.  §  2469.  82b. 
I.  That  any  railroad  company  or  other  corporation  which 
is  now  or  shall  hereafter  be  authorized  by  any  law  of  this 
State  to  issue  its  bonds  may,  at  its  discretion,  issue  either 
registered  bonds,  having  the  conditions  as  to  transfer  and 
payment  of  the  principal  and  interest  usual  in  such  bonds, 
or  coupon  bonds,  or  both  in  such  proportion  as  it  shall 
deem  best;  and  any  such  company  or  corporation  which  has 
heretofore  issued,  or  shall  hereafter  issue  any  coupon 
bonds,  may,  at  the  request  of  the  lawful  holder  thereof, 
change  any  or  all  such  coupon  bonds  into  registered  bonds, 
either  by  taking  up  and  canceling  the  coupon  bonds,  and 
issuing  registered  bonds  in  lieu  thereof,  or  by  writing  or 
printing  upon  such  coupon  bonds,  a  proper  certificate  to  the 
satisfaction  of  the  holder  desiring  the  same,  changing  such 
bonds  into  registered  bonds,  and  may  in  like  manner  pro- 
vide for  changing  registered  into  coupon  bonds;  provided, 
that  the  amount  of  the  indebtedness  of  such  company  or 
corporation  and  its  liability  upon  such  of  its  original  bonds 
first  issued  as  are  not  so  changed  or  exchanged,  together 
with  the  terms  and  conditions  thereof  as  to  the  payment  of 
principal  and  interest,  shall  in  no  wise  be  altered  or  af- 
fected by  any  such  change  or  exchange  of  bonds. 

Same— Effect  of  change.  §  2470.  82b.  II.  That  all 
bonds  issued  in  lieu  of  others,  or  changed  as  above  pro- 
vided, and  the  legal  holder  thereof,  shall  be  entitled  in 
every  respect  to  all  the  security,  liens,  protection  and 
rights  under  or  arising  from  any  mortgage,  deed  of  trust. 
or  other  security,  given  by  or  in  any  way  accruing  to  such 
company  or  corporation  for  the  security  or  protection  of 
its  bonds  first  issued  and  so  changed  or  exchanged  as 
above  provided,  in  the  same  manner  and  to  the  same  in- 
tent and.  effect  as  if  such  new  or  changed  bonds  were  spe- 
cifically named  and  described  or  otherwise  duly  provided 
for  in  such  mortgage,  deed  of  trust,  or  other  security, 
the  validity  and  lien  of  which,  as  to  any  bonds  not  so 
changed  or  exchanged,  shall  remain  unimpaired  and  bind- 
ing in  all  respects. 

Railroad  charges  for  transportation — Limitation.  §  2471. 
82c.  I.  That  all  railroad  corporations  organized  or  doing 
business  in  this  State,  under  the  laws  or  authority  thereof, 
shall  be  limited  to  the  rates  of  compensation  for  the  trans- 
portation  of  passengers  which  are  herein   prescribed. 

Same  —  Classification  of  railroads.  §  2472.  82c.  II. 
All  railroads  in  this  State  shall  be  classified  according  to 
the  gross  amount  of  their  respective  annual  earnings  p^ 
mile  as  follows: 

Class  A.  Shall  include  railroads  whose  gross  annual 
earnings  per  mile  shall  be  $10,000  or  more,  and  narrow 
gauge  railroads  whose  gross  annual  earnings  per  mile  shall 
be  $5,000  or  more. 

Class  B.  Shall  include  railroads  whose  gross  annual 
earnings  per  mile  shall  be  $8,000,  or  any  sum  in  excess 
thereof  less  than  $10,000,  and  such  narrow  gauge  railroads 
whose  gross  annual  earnings  per  mile  shall  be  $4,000,  or 
any  sum  in  excess  thereof  less  than  $5,000. 

Class  C.  Shall  include  railroads  whose  gross  annual 
earnings  per  mile  shall  be  $4,000,  or  any  sum  in  excess 
thereof  less  than  $8,000,  and  such  narrow  gauge  railroads 
whose  gross  annual  earnings  per  mile  shall  be  $2,000,  or 
any  sum  in  excess  thereof  less  than  $4,000. 

Class  D.  Shall  include  railroads  whose  gross  annual 
earnings  per  mile  shall  be  any  sum  less  than  $4,000,  and 
narrow  gauge  railroads  whose  gross  annual  earnings  per 
mile  shall  be  any  sum  less  than  $2,000. 

Same — Limitation  of  rates  in  each  class.  §  2473.  82e. 
III.  All  railroad  corporations,  according  to  their  classifi- 
cation as  herein  furnished,  shall  be  limited  to  compensa- 
tion per  mile,  for  the  transportation  of  any  person  with 
ordinary  baggage,  not  exceeding  100  pounds  in  weight,  as 
follows: 

Class  A.  For  any  distance  less  than  50  miles,  three 
and  one-half  cents  per  mile;  for  any  distance  exceeding  50 
miles  and  less  than  100  miles,  three  and  three-tenths  cents 
per  mile;  for  any  distance  exceeding  100  rpiles  and  less 
than  150  miles,  three  and  one-fifth  cents  per  mile;  for  any 
distance  exceeding  150  miles  and  less  than  200  miles,  three 
and  one-tenth  cents  per  mile;  for  any  distance  exceeding 
200  miles  and  less  than  250  miles,  three  cents  per  mile;  for 
any  distance  exceeding  250  miles  and  less  than  300  miles, 
two  and  nine-tenths  cents  per  mile;   for  any  distance  ex- 


1428 


National  Association  of  Railway  Commissionehs 


ceeding  300  miles  and  less  than  350  miles,  two  and  four- 
fifths  cents  per  mile;  for  any  distance  exceeding  350  miles, 
two  and   seven-tenths  cents   per  mile. 

Class  B.  For  any  distance  less  than  50  miles,  four  cents 
per  mile;  for  any  distance  exceeding  50  miles  and  less  than 
100  miles,  three  and  nine-tenths  cents  per  mile;  for  any 
distance  exceeding  100  miles  and  less  than  150  miles,  three 
and  eight-tenths  cents  per  mile;  for  any  distance  exceed- 
ing 150  miles  and  less  than  200  miles,  three  and  seven- 
tenths  cents  per  mile;  for  any  distance  exceeding  200 
miles  and  less  than  250  miles,  three  and  six-tenths  cents 
per  mile;  for  any  distance  exceeding  250  miles  and  less 
than  300  miles,  three  and  one-half  cents  per  mile;  for  any 
distance  exceeding  300  miles  and  less  than  350  miles, 
three  and  four-tenths  cents  per  mile;  for  any  distance  ex- 
ceeding 350  miles,  three  and  one-fourth  cents  per  mile. 

Class  C.  For  any  distance  less  than  50  miles,  four  and 
one-half  cents  per  mile;  for  any  distance  exceeding  50 
miles  and  less  than  100  miles,  four  and  three-fifths  cents 
per  mile;  for  any  distance  exceeding  100  miles  and  less 
than  150  miles,  four  and  three-tenths  cents  per  mile;  for 
any  distance  exceeding  150  miles  and  less  than  200  miles, 
four  and  one-fifth  cents  per  mile;  for  any  distance  ex- 
ceeding 200  miles,  four  cents  per  mile. 

Class  D.  For  any  distance  less  than  50  miles,  five  cents 
per  mile;  for  any  distance  exceeding  50  miles  and  less 
than  100  miles,  four  and  three-fourths  cents  per  mile;  for 
any  distance  exceeding  100  miles  and  less  than  150  miles, 
four  and  one-half  cents  per  mile;  for  any  distance  ex- 
ceeding 150  miles  and  less  than  200  miles,  four  and  one- 
fourth  cents  per  mile;  for  any  distance  exceeding  200  miles, 
four  cents  per  mile;  provided,  that  no  such  corporation 
shall  charge,  demand  or  receive  any  greater  compensa- 
tion per  mile  for  transportation  of  children  twelve  years 
of  age  or  under  than  half  the  rates  above  prescribed;  and 
provided,  also,  a  charge  of  10  cents  may  be  added  to  the 
fare  of  any  passenger  when  the  same  is  paid  upon  the 
cars,  if  a  ticket  might  have  been  procured  within  a  rea- 
sonable time  before  the  departure  of  the  train,  and  if  the 
failure  to  procure  a  ticket  was  not  caused  by  the  ticket 
oifice  being  closed  or  without  a  sufficient  supply  of  tickets, 
or  other  neglect  of  the  company;  and  provided  further, 
if  for  any  one  passenger  the  charge  at  the  above  rate 
would  be  less  than  25  cents,  the  same  may  nevertheless 
be  charged  as  a  minimum.     *     *     * 

Same — Copies  of  law  to  Ic  posted  at  ticket  office  and  de- 
pots. §  2474.  82c.  IV.  All  railroad  corporations  shall  keep 
constantly  posted  in  a  conspicuous  place,  in  all  their  ticket 
offices  and  passenger  and  freight  depots,  a  printed  copy 
of  the  first,  second,  third,  fourth  and'fifth  sections  of  this 
Act,  together  with  a  table  of  distances  between  each  and 
every  station  of  their  road,  printed  in  legible  type,  and  a 
statement  showing  the  class  to  which  its  road  belongs. 

Same — Penalty  for  excessive  charges.  §  2475.  82c.  V. 
Any  railroad  corporation  which  shall  charge,  demand  or 
receive  any  greater  compensation  for  the  transportation  of 
any  passenger  than  is  authorized  by  this  Act,  shall  be 
liable  to  the  party  aggrieved  in  the  sum  of  $500,  and  the 
same  may  be  recovered,  together  with  all  costs  of  suit  and 
a  reasonable  attorney's  fee,  to  be  taxed  by  the  court  in  an 
action  of  debt  in  any  court  having  competent  jurisdiction. 

Same — Limitation  of  rates — Leases.  §  2476.  82c.  VI. 
That  all  railroad  corporations  organized  or  doing  business 
in  the  State,  under  an  Act  of  incorporation  or  general  law 
of  this  or  any  other  State,  or  of  the  United  States,  now  in 
force,  or  which  may  be  hereafter  enacted,  shall  be  limited 
to  the  rates  of  compensation  for  the  transportation  of 
passengers,  goods,  merchandise  and  all  kinds  of  property, 
as  herein  prescribed.  Whenever  any  railroad  corporation, 
as  lessee  or  otherwise,  operates  any  other  railroad  in  con- 
nection with  its  own  road,  the  provisions  of  this  Act  as  to 
charges  for  carrying  freight  and  passengers  shall  apply 
to  such  other  road  so  operated  in  like  manner  as  if  the 
same  were  a  part  of  the  line  of  the  road  owned  by  the 
corporation  operating  the  same,  and  for  such  purpose  all 
lines  of  railroads  operated  by  the  same  company  shall  be 
considered  as  one  and  the  same  road. 

Same — Limitation  of  rates — Lessees.  S  2476.  82c.  VI. 
IX.  That  all  railroad  corporations  whose  lines  of  road 
shall  extend  into  or  through  this  State,  and  which  exten- 
sions are  incorporated  by  the  laws  of  this  State,  or  any 
other  State,  or  the  United  States,  shall  take  and  transport 
passengers  and  freight  when  offered;  provided,  that  such 
railroad  corporation  shall  not  be  permitted  to  charge  for 


the  transportation  of  freight  and  passengers,  or  either,  a  less 
sum  from  one  terminus  of  their  road  to  the  other  than  from 
any  intermediate  station  to  either  terminus  thereof,  nor 
a  greater  sum  for  the  transportation  of  freight  and  passen- 
gers, or  either,  from  any  intermediate  station  to  either 
terminus  of  road,  or  from  either  terminus  to  an  intermedi- 
ate station,  or  from  one  intermediate  station  to  another, 
than  from  any  intermediate  station  to  either  terminus,  or 
from  either  terminus  to  any  intermediate  station,  or  from 
one  intermediate  station  to  another,  where  the  distance  is 
less. 

Same — Compensation  to  include  charges  for  commis- 
sions of  agents,  etc. — Warehouse  charges.  §  2478.  82c.  X. 
The  compensation  for  the  transportation  of  passengers, 
goods  and  merchandise  and  all  kinds  of  property  herein- 
before prescribed  shall  be  interpreted  to  include  all  fees 
and  commissions  charged  by  any  railroad  corporation,  their 
agent  or  agents,  for  manifesting,  receiving,  handling,  ship- 
ping and  delivering  any  goods,  merchandise  and  all  other 
kinds  of  property  for  transportation  on  such  railroad,  so 
that  the  entire  charges  made  by  such  railroad  corporation 
on  their  agent  or  agents  shall  not  exceed  the  regular  trans- 
portation fees  herein  prescribed,  except  for  the  storage  of 
articles  in  any  depot  or  warehouse  of  the  company,  or  in 
any  depot  or  warehouse,  by  their  agent  or  agents,  which  r3- 
main  in  such  depot  or  warehouse  after  the  lapse  of  24 
hours  from  the  time  the  consignee  is  notified  by  the  agert 
or  other  employes  of  the  company  of  their  arrival,  in  casts 
where  the  abode  of  the  consignee  is  known  to  said  agen;. 
A  charge  may  also  be  made  for  such  longer  time  as  they 
so  remain,  not  exceeding  the  ordinary  warehouse  rates 
charged  in  the  town  in  which  or  near  which  the  depot  or 
warehouse  is  situated;  and  it  shall  be  lawful  for  any  rai  - 
road  corporation,  their  agent  or  agents,  at  any  depot  1 1 
the  State,  to  charge  or  receive  such  fees  or  commissions  for 
manifesting,  receiving,  handling,  shipping  or  delivering  an  / 
goods,  merchandise  and  all  other  kinds  of  property  for 
transportation  on  such  railroads,  as  they  were  authorize  1 
to  charge  and  receive  on  December  27,  1873,  but  when  an  ' 
such  fees  or  commissions  are  so  charged  or  received  by  sue  i 
railroad  corporation,  their  agent  or  agents,  such  railroa! 
corporation  shall  abate  from  their  regular  transportation 
fees  herein  prescribed  the  amount  of  such  fees  and  con  • 
missions  so  charged  or  received  by  such  railroad  corpors  ■ 
tion  or  by  their  agent  or  agents. 

Same  —  Weighing  goods  —  Receipts.  §  2479.  82c.  Xl 
All  depot  agents  of  any  railroad  corporation  having  depot ; 
in  this  State  shall,  if  required  by  the  consignor,  weigl 
goods,  merchandise  and  all  other  kinds  of  property  deli\ 
ered  for  transportation  at  the  depot,  when  delivered,  an( 
receipt  for  the  same.     *     •     * 

Same  —  "Railroad  corporation"  defined.  §  2480.  82( 
XII.  The  term  "railroad  corporation,"  contained  in  thl  ; 
Act,  shall  be  deemed  and  taken  to  mean  all  corporations 
companies,  public  carriers  or  individuals  now  owning  o 
operating  or  which  may  hereafter  own  or  operate  any  rail 
road  in  this  State. 

Same — Act  not  to  apply  to  short  lines — Limitation  o' 
rates  by  charter.  §  2481.  82c.  XIII.  This  Act  shall  no. 
be  held  to  apply  to  any  city  or  street  railroad,  or  to  an; 
railroad  whose  entire  length  does  not  exceed  6  miles.  Bu 
in  no  case  shall  any  railroad  charge  more  freight  or  faro 
than  is  authorized  by  its  charter;  and  in  no  case  shall  such 
charges  be  unreasonable. 

Same — Demanding  or  receiving  excessive  charges — Pen- 
alty. §  2482.  82c.  XIV.  Any  railroad  corporation,  agen ; 
or  person  who  shall  fix,  demand,  take  or  receive  from  any 
person  or  persons  any  greater  toll  or  compensation  for  th's 
transportation,  receipt,  handling  or  delivery  of  goods  o  • 
merchandise,  or  for  weighing  the  same,  in  violation  of  th'! 
provisions  of  this  Act,  shall  forfeit  and  pay  for  any  such 
offense  any  sum  not  exceeding  $1,000  and  costs  of  suit, 
including  a  reasonable  attorney's  fee,  to  be  taxed  by  any 
court  where  the  same  is  heard  by  appeal  or  otherwise,  to  b) 
recovered  in  an  action  of  debt  by  the  party  aggrieved  In 
any  court  having  jurisdiction  thereof.  And  any  officer, 
agent  or  employe  of  any  such  railroad  corporation  whc) 
shall  knowingly  and  wilfully  violate  the  provisions  of  this 
Act  shall  be  liable  to  the  penalties  prescribed  in  this  section. 

Same — Wilful  violation  of  Act — Forfeiture  of  franchisee 
—  Scire  facias  —  Quo  warranto.  %  2483.  82c.  XV.  Any 
wilful  violation  of  the  provisions  of  this  Act,  on  the  part 
of  any  railroad  corporation,  shall  be  deemed  and  taken  as  a 


Public  Servick  Laws 


U29 


forfeiture  of  its  franchises,  and  such  corporation  so  offend- 
ing shall  be  proceeded  against  by  the  prosecuting  attorney 
in  any  county  through  or  into  which  its  road  may  run,  by 
scire  facias  or  upon  information  in  the  nature  of  a  quo 
warranto  to  judgment  of  ouster  and  final  execution.  In  any 
prosecution  or  proceeding  under  this  section,  if  the  viola- 
tion complained  of  be  proved,  it  shall  be  presumed  to  have 
been  wilful  until  the  contrary  thereof  be  proved. 

Same — Demanding  or  receiving  excessive  charges — Pen- 
alties. §  2484.  82c.  XVa.  I.  Any  railroad  company  or 
corporation  heretofore  or  hereafter  organized  and  owning 
or  operating  any  railroad,  wholly  or  partially  within  this 
State,  their  officers  or  agents,  who  shall  charge,  demand  or 
receive  more  than  the  lawful  charges  for  transportation  or 
travel  upon  their  railroad  so  owned  or  operated  by  them 
shall  for  each  offense  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than 
?100  nor  more  than  |500.  But  nothing  in  this  Act  shall  be 
so  construed  as  in  any  manner  to  interfere  with  or  protect 
such  company  or  corporation  against  any  proceedings  for  a 
forfeiture  of  its  charter  or  chartered  rights. 

Same — Domestic  companies.  §  2485.  82c.  XVI.  All 
railroad  companies  doing  business  in  this  State  under  char- 
ters granted  or  laws  passed  by  the  State  of  Virginia  or 
this  State  are  hereby  declared  to  be  domestic  companies  or 
corporations,  and  shall  be  treated  as  such  in  all  cases. 

Same  — Time  of  taking  effect.  §  2486.  82c.  X\II. 
This  Act  shall  take  effect  and  be  in  force  from  the  first  day 
of  April,  1874. 

Prorating  railroad  charges.  §  2487.  82d.  I.  That 
where  different  works  of  internal  improvement  intersect 
each  other  in  this  State  it  shall  be  the  duty  of  any  road  to 
receive  freight  and  passengers  from  such  other  roads,  and 
to  charge  for  the  transportation  thereof  such  rates  only  as 
are  charged  on  its  own  line  from  the  point  of  intersection 
to  the  point  of  destination  of  such  freight  or  passengers, 
and  this  Act  shall  apply  to  all  railroads  operating  in  this 
State,  whether  incorporated  or  not. 

Railroad  charges  for  transportation  of  freight  over  short 
lines  of  railroads.  §  2488.  82c.  I.  That  any  incorporated 
company  operating  by  steam  or  horse  power  a  railroad  not 
exceeding  30  miles  in  length  may  charge  for  the  transporta- 
tion of  freight  not  exceeding  20  cents  per  ton  per  mile. 

Same — Power  to  amend  or  repeal.  §  2489.  82e.  II.  The 
legislature  reserves  the  right  to  amend  or  repeal  this  Act. 

Freight  to  Be  classified  according  to  Interstate  Com- 
merce Act — Copies  of  classification  at  stations — Inspection 
— Exceptions,  §  2492.  82g.  I.  That  every  corporation, 
company,  public  carrier  or  individual  now  owning  or 
operating,  or  which  may  hereafter  own  or  operate,  any 
railroad  in  this  State  exceeding  30  miles  in  length  shall, 
within  30  days  from  the  passage  of  this  Act,  make  a 
general  classification  of  goods,  merchandise  and  all  other 
kinds  of  property,  for  the  purpose  of  transportation 
within  this  State,  which  shall  conform  from  time  to 
time  to  the  classification  of  the  same  in  general  use  on 
such  railroad  for  interstate  transportation  subject  to 
the  Act  of  congress  entitled  "An  Act  to  regulate  com- 
merce," approved  February  4,  1887,  and  all  amendments 
thereof  and  supplements  thereto,  and  shall  keep  in  the 
custody  of  the  agent  at  each  station  on  the  line  of  said 
railroad  in  this  State  a  printed  copy  of  such  classifica- 
tion, which  shall  be  open  to  the  inspection  of  any  per- 
son shipping  or  receiving  property  at  such  station;  pro- 
vided, however,  that  exceptions  to  such  general  classi- 
fication may  be  made  from  time  to  time  for  the  purpose 
of  placing  in  a  lower  class  any  commodity  transported 
within  this  State,  but  a  printed  sheet  or  notice  of  such 
exceptions  shall  be  furnished  to  each  station  agent  and 
attached  to  the  copy  of  the  general  classification  in  his 
custody  as  aforesaid. 

Same — Tariff  of  charges  and  distances — Limitation  of 
rates — Long  and  short  hauls — Printed  copies  at  stations — 
Inspection.  §  2493.  82g.  II.  Every  such  corporation, 
company,  public  carrier  or  individual  shall  also,  within 
30  days  after  the  passage  of  this  Act,  make  a  tariff 
of  charges  within  this  State,  based  upon  the  classifica- 
tion provided  for  in  the  first  section  of  this  Act,  which 
tariff  shall  show  such  charges  for  distances  over  two 
miles  and  by  sections  of  10  miles  each,  from  10  to  300 
miles;  provided,  that  the  average  rate  of  charge  for 
all  classes  of  freight  under  such  classification  and  tariff. 


as  fixed  for  the  whole  number  of  sections  up  to  300 
miles,  shall  not  exceed  five  cents  per  ton  per  mile,  ex- 
cept that  upon  gypsum,  lime,  guano,  and  other  fer- 
tilizers, salt,  flour  in  barrels  and  upon  coal,  pig-iron, 
limestone,  iron  ore  and  undressed  stone,  logs  or  lumber, 
such  average  rate  of  freight  shall  not  exceed  three 
cents  per  ton  per  mile;  and  provided  further,  that  no 
charge  for  the  transportation  of  freight  of  the  same 
class  shall  be  less  from  one  terminus  of  any  railroad 
to  the  other  than  from  any  intermediate  station  to 
either  terminus  thereof,  nor  greater  for  the  transporta- 
tion of  freight  of  the  same  class  from  any  intermediate 
station  to  either  terminus  of  road  or  from  either  ter- 
minus to  an  intermediate  station,  or  from  one  inter- 
mediate station  to  another,  than  from  any  intermediate 
station  to  either  terminus,  or  from  either  terminus  to 
any  intermediate  station,  or  from  one  intermediate  sta- 
tion to  another,  where  the  distance  is  less.  If  for  any 
one  consignment  the  charge  as  above  limited  would  be 
less  than  25  cents,  that  sum  may  nevertheless  be 
charged  as  a  minimum,  and  if  the  charge  for  any  car- 
load for  any  distance  should  be  less  than  $5,  that  sum 
may  nevertheless  be  charged  as  a  minimum  for  the 
transportation  of  such  carload.  Printed  copies  of  every 
such  tariff  shall  be  kept  with  every  station  agent,  open 
to  inspection,  as  provided  in  the  first  section  hereof 
with  reference  to  the  copies  of  the  classification. 

Same — Provisions  for  transportation — Discrimination- 
Rebate  or  drawback — Compensation  to  include  commissions 
of  agents,  etc.  —  Warehouse  charges.  §  2494.  82g.  HI. 
Such  corporation,  company,  public  carrier  or  individual, 
shall  make  reasonable  provisions  for  transportation  of 
all  freight  that  is  offered  it  for  shipment,  and  transport 
the  same  without  unreasoiiable  delay;  and  shall  not 
discriminate  against  or  among  persons  offering  freight 
for  shipment  over  such  railroad,  in  rates,  distribution  or 
allotment  of  cars,  or  otherwise  under  substantially  simi- 
lar circumstances  and  conditions;  and  shall  not  give  or 
allow  to  any  shipper  or  consignee  of  freight  any  rebate 
or  drawback,  so  as  to  give  such  shipper,  or  consignee, 
any  advantage  over  any  other  shipper  or  consignee. 
The  compensation  for  the  transportation  of  goods  and 
merchandise,  and  all  kinds  of  property  hereinbefore  pre- 
scribed, shall  be  interpreted  to  include  all  fees  and 
commissions  charged  by  any  such  corporation,  company, 
public  carrier,  or  individual,  their  agent  or  agents,  for 
manifesting,  receiving,  handling,  shipping  and  delivering 
any  goods,  merchandise  and  all  other  kinds  of  property 
for  transportation  on  said  railroads,  so  that  the  entire 
charge  made  by  such  corporation,  company,  public  car- 
rier or  Individual  shall  not  exceed  the  regular  trans- 
portation fees  herein  prescribed;  except  for  the  storage 
of  any  articles  in  any  depot  or  warehouse  of  such  cor- 
poration, company,  public  carrier,  or  Individual,  or  in 
any  depot  or  warehouse  by  their  agent  or  agents,  which 
remain  in  such  depot  or  warehouse  after  the  lapse  of 
24  hours  from  the  time  the  consignee  is  notified  by  the 
agent,  or  the  other  employes  of  such  corporation,  com- 
pany, public  carrier,  or  any  individual,  of  their  arrival, 
in  cases  where  the  abode  of  the  consignee  is  known 
to  said  agents. 

Same — Penalties  for  violation  of  Act.  §  2495.  82g.  IV. 
Any  corporation,  company,  public  carrier,  or  Individual 
now  owning  or  operating,  or  which  may  hereafter  own 
or  operate,  any  railroad  in  this  State,  which  shall  violate 
any  provisions  of  this  Act,  shall  be  subject  to  a  fine 
for  every  such  offense  of  not  less  than  $50  and  not 
exceeding   $1,000. 

Sale,  assignment,  etc.,  of  corporate  property  and  assets — 
Meetings.  §  2497.  83.  On  the  affirmative  vote,  in  person 
or  by  proxy,  of  the  holders  of  at  least  60  per  centum 
of  the  outstanding  stock  of  the  corporation,  such  cor- 
poration may  sell,  transfer  or  assign  in  good  faith,  all 
of  its  property  and  assets;  but  a  smaller  majority  shall 
not  have  the  right  to  make  such  a  sale,  transfer  or 
assignment.  But  no  sale,  transfer,  or  assignment  of 
property  and  assets  of  such  corporation  shall  be  made, 
except  at  a  general  or  special  meeting  of  the  stock- 
holders, called  in  the  manner  provided  by  law.  But 
nothing  in  this  section  shall  be  so  construed  as  to  con- 
flict with  any  of  the  provisions  of  §  56  of  chapter  53  of 
the  code. 


1430 


National  Association  of  Eailway  Commissioners 


Distinction  between  domestic  and  foreign  compn^iies.  § 
1090.  1.  Every  insurance,  telegraph,,  telephone  or  ex- 
press company  having  its  principal  place  of  business  in 
this  State  and  incorporated  by  an  Act  of  the  general 
assembly  of  Virginia  passed  before  the  twentieth  day 
of  June,  1863,  or  heretofore  or  hereafter  incorporated 
under  and  pursuant  to  any  Act  of  the  legislature  of 
this  State,  shall  be  deemed  a  domestic  company;  and 
every  other  insurance,  telegraph,  telephone  or  express 
company,  a  foreign  company. 

Assessment  of  property  of  domestic  insurance,  telegraph 
and  express  companies  for  the  purpose  of  taxation.  ^  1095. 
6.  The  property  of  domestic  insurance,  telegraph  and 
express  companies  shall  be  assessed  for  taxation  as 
other  property  in  this  State.  But  the  stock  notes  of 
such  companies  shall  not  be  assessed;  nor  shall  such 
notes  or  any  part  of  them  be  considered  a  part  of  the 
Indebtedness  of  the  maker  thereof,  in  listing  his  prop- 
erty for  taxation. 

Annual  returns  to  auditor  by  foreign  insurance,  tele- 
graph, telephone  and  express  companies.  §  1096.  7.  Every 
foreign  insurance,  telegraph,  telephone  and  express  com- 
pany doing  business  in  this  State,  or  the  agent  or  agents 
thereof,  shall  annually  make  returns  to  the  auditor  as 
follows;  provided,  that  where  there  are  several  agents 
of  any  such  company  in  this  State,  the  returns  may  be 
made  by  any  one  of  them  on  behalf  of  all;  and  pro- 
vided further,  that  this  Act  shall  not  apply  to  telegraph 
lines  owned  and  operated  by  railroad  companies  for 
railroad  purposes  only. 

Same — Contents  of  returns  of  insurance  companies.  § 
1097.  8.  If  such  returns  be  made  on  behalf  of  any 
insurance  company  they  shall  show  the  amount  of  risks 
on  all  insurance  made,  renewed  or  negotiated,  within 
this  State,  or  any  subject  of  insurance  within  this  State, 
on  behalf  of  such  company,  during  the  period  for  which 
the  said  returns  relate. 

Same  —  Contents  of  returns  of  telegraph  or  telephone 
companies.  §  1098.  9.  If  the  returns  be  made  on  behalf 
of  a  telegraph  or  telephone  company,  they  shall  show 
the  full  number  of  miles  of  telegraph  or  telephone  line 
used  or  operated  by  the  said  telegraph  or  telephone 
company  within  this  State  during  the  period  for  which 
such  returns  relate,  but  in  ascertaining  said  mileage  no 
more  than  one  line  of  wire  shall  be  counted  or  measured. 

Same — Contents  of  returns  of  express  companies.  §  1099. 
10.  If  the  returns  be  made  on  behalf  of  any  express 
company  they  shall  show  the  full  number  of  miles  of 
road  used  or  operated  by  said  express  company  within 
this  State  during  the  period  to  which  such  returns 
relate.  *  *  • 

Returns  to  be  made— When.  §  1100.  11.  The  said  re- 
turns shall  be  made  within  21  days  after  the  first  day 
of  February  in  every  year,  and  shall  include  the  full 
amount  of  all  risks  of  insurance,  either  written  or  re- 
newed, or  the  full  number  of  miles  of  road  used  or 
operated  by  said  express  company,  or  the  full  number 
of  miles  of  telegraph  or  telephone  line  used  or  oper- 
ated by  said  telegraph  or  telephone  company,  during  the 
12  months  preceding  the  first  day  of  January  in  that 
year.  The  returns  so  made  shall  be  verified  by  the 
affidavit  of  the  oflicer  or  agent  making  the  same. 

Duties  of  auditor — Forms  and  regulations — Duties  of  as- 
sessors. §  1101.  12.  It  shall  be  the  duty  of  the  auditor  to 
cause  the  provisions  of  this  chapter  to  be  carried  into 
effect,  and  he  may  from  time  to  time  prescribe  such 
forms  and  regulations  as  are  proper  tor  that  purpose. 
And  it  shall  be  the  duty  of  every  assessor  to  transmit 
to  the  auditor,  within  the  week  preceding  the  first  day 
of  February  in  every  year,  a  list  of  all  such  companies 
or  agents  doing  business  within  his  assessment  district 
as   are  required   to  make   returns   as   aforesaid. 

Time  of  making  payment  of  taxes  —  Rate  —  Credit  to 
State  fund — Receipts  for  payment.  §  1102.  13.  At  the 
time  of  making  such  returns  by  any  foreign  insurance, 
telegraph,  telephone  or  express  company,  the  officer  or 
agent  making  the  same  shall  pay  into  the  treasury  of 
the  State  for  each  insurance  company,  telegraph,  tele- 
phone or  express  company  a  license  tax,  as  follows: 
For  each  Insurance  company  a  tax  on  the  total  amount 
of  all  rlBkfl  written  within  the  State,  as  follows: 


Fire  insurance  companies,  one-fourth  of  one  mill  on 
each  dollar;  life  and  accident  insurance  companies,  one 
and  one-half  mills  on  each  dollar;  all  companies  classi- 
fied as  miscellaneous,  including  fidelity,  guaranty  and 
security  companies,  one-tenth  of  one  mill  on  each  dollar; 
for  express  companies,  $1.50  per  mile  of  road  upon 
or  over  which  it  carries  expressage;  telegraph  com- 
panies, $1  per  mile  of  telegraph  wire  over  which  tele- 
graph messages  are  sent  or  received,  except  as  herein- 
before provided;  telephone  companies,  $1  per  mile  of 
telephone  wire  over  which  messages  are  sent  or  received 
as  common  carrfers  between  cities,  towns  or  villages, 
but  not  over  local  exchanges  in  such  cities,  towns  or 
villages.  All  of  which  license  taxes  shall  be  credited 
to  the  State  fund,  and  the  company  paying  such  taxes 
shall  take  duplicate  receipts  therefor,  one  of  which  shall 
be  filed  with  the  auditor.  Should  any  company  fail  to 
make  such  payment  and  file  such  report  the  auditor 
shall  not  issue  to  such  company  the  certificate  men- 
tioned in  the  third  section  of  this  chapter,  so  long  as  such 
failure  shall  continue. 

Penalty  for  failure  to  make  true  returns  or  to  pay  tax. 
§  1103.  14.  Every  company  or  agent  hereby  required 
to  make  return  or  payment  as  aforesaid,  who  shall  fail 
to  do  so,  or  knowingly  make  a  false  return,  shall  for- 
feit not  less  than  $100  nor  more  than  $1,000  for  every 
such  offense. 

Process  and  notices — Resident  agent.  §  1104.  15.  Every 
foreign  insurance,  telegraph  and  express  company  do- 
ing business  in  this  State  shall,  by  power  of  attorney 
duly  acknowledged  and  authenticated,  and  filed  by  the 
company  in  the  office  of  the  auditor,  appoint  some  per- 
son residing  in  this  State  to  accept  service  of  process 
and  notices  in  this  State  for  the  said  company;  and  by 
the  same  instrument  shall  declare  its  consent  that  serv- 
ice of  any  process  or  notice  in  this  State  on  the  said 
attorney,  or  his  acceptance  of  service  indorsed  thereon 
shall  have  the  same  effect  as  service  thereof  upon  the 
company.  And  thereafter  such  acceptance  by  the  said 
attorney,  or  service  upon  him,  shall  be  equivalent, 
all  purposes,  to  services  upon  his  principal. 

Foreign  insurance  and  express  companies — Failure 
appoint  agent — Failure  of  insurance  company  to  procure 
auditor's  certificate — Penalty.  §  1107.  18.  No  oiflcer  or 
agent  of  a  foreign  insurance  company  shall  make,  renew 
or  negotiate  in  this  State  any  insurance,  or  contract 
for  insurance  on  behalf  of  such  company,  nor  shall  any 
agent  of  a  foreign  express  company  undertake,  in  this 
State,  to  forward  or  carry  any  money,  goods  or  mer- 
chandise on  behalf  of  such  express  company  unless  the 
said  insurance  or  express  company  has  complied  with 
the  fifteenth  and  sixteenth  sections  of  this  chapter.  No 
officer  or  agent  of  any  Insurance  company  shall  make, 
renew  or  negotiate,  in  this  State,  any  insurance  or  con- 
tract for  Insurance  on  behalf  of  such  company,  or  trans- 
act any  business  for  such  company,  directly  or  indi- 
rectly, without  first  obtaining  the  auditor's  certificate 
of  authority,  as  required  by  law;  and  this  applies  to 
all  persons  engaged  in  any  manner  in  soliciting  risks, 
issuing  or  obtaining  the  issue  of  policies,  selling  tickets 
of  insurance,  or  otherwise  doing  business  of  insurance. 
Any  person  violating  this  section  shall  forfeit  not  less 
than  $20  nor  more  than  $200  for  every  such  offense; 
but  the  contract  or  undertaking  shall  nevertheless  not 
be  invalidated  by  anything  in  this  section  contained. 

CHAPTER  47. 
CITIES,  VILLAGES  AND  TOWNS. 
Grants  of  franchises  by  County  Court  or  council.  §  1870 
28b.  I.  No  franchise  shall  hereafter  be  granted  b> 
the  county  court  of  any  county,  or  other  tribunal  acting 
in  lieu  thereof,  or  by  the  council  of  any  city,  town  oi 
village  incorporated  under  the  laws  of  this  State,  wher« 
the  application  for  such  franchise  has  not  been  filed  a' 
least  30  days  prior  to  the  time  when  it  is  to  be  actec 
upon,  by  such  county  court  or  council,  with  the  clerl: 
of  such  court  or  council,  and  notice  of  such  application, 
stating  the  object  of  such  franchise,  shall  have  been 
given  by  publication  for  30  days  in  some  newspaper 
of  general  circulation  published  in  such  county  or  city 
wherein  such  franchise  is  to  be  granted.  Nor  shall 
such  franchise  be  granted  within  30  days  after  the  appli- 
cation has  been  filed,  nor  until  an  opportunity  has  been 


Public  Service  Laws 


1431 


given  any  citizen  or  corporation  interested  in  tlie  grant- 
ing or  refusing  of  said  franciiise  to  be  heard.  Nor  shall 
any  franchise  hereafter  be  granted  by  any  county  court, 
or  other  tribunal  acting  in  lieu  thereof,  or  by  any  coun- 
cil or  any  city,  town  or  village  incorporated  under  the 
laws  of  this  State,  for  a  longer  term  than  50  years; 
provided,  however,  that  nothing  in  this  Act  shall  prevent 
the  renewal  of  any  such  franchise  for  a  term  not  ex- 
ceeding 50  years  when  the  same  shall  have  expired.  No 
franchise  hereafter  granted  for  any  longer  term  than 
50   years   shall  be  of  any   force  or  validity. 

Compelling  holders  of  rights,  franchises,  privileges,  etc.. 
to  comply  uith  duties  and  obligations  imposed — Mandavius. 
§  1871.  28c.  1.  That  in  all  cases  where  any  individual, 
association  of  individuals  or  corporation  has  obtained  or 
shall  hereafter  obtain  any  right,  license,  privilege  or 
franchise  to  operate  a  street  car  line,  lines  or  cars  In 
whole  or  in  part  upon  the  public  roads  of  any  county,  or 
the  streets  of  any  city,  town  or  village,  or  to  furnish  to 
such  county,  city,  town  or  village,  or  the  inhabitants 
thereof,  water  or  gas  or  electricity,  or  to  construct  a 
telephone  system  in  any  such  coiipty,  city,  town  or  vil- 
lage, and  the  terms,  conditions  or  manner  of  exercising 
such  right,  license,  privilege  or  franchise  are  embodied 
in  the  order  of  the  county  court  of  said  county,  or 
order,  resolution  or  ordinance  of  said  city,  town  or 
villa.ge  conferring  the  same,  or  are  otherwise,  either 
voluntarily  or  by  law,  imposed  upon  or  assumed  by  said 
Individual,  association  of  individuals  or  corporation,  that 
then  and  in  each  of  such  cases  the  Circuit  Court  of  the 
county  in  which  said  city,  town  or  village  is  situate 
shall  have  power  by  mandamus  to  compel  such  individual, 
association  of  individuals  or  corporation,  and  their  as- 
signs, to  use  and  exercise  such  right,  privilege,  license 
or  franchise  in  accordance  with  the  terms  and  conditions 
and  in  the  manner  so  prescribed  in  said  resolution, 
order  or  ordinance  or  otherwise  lawfully  so  defined  or 
assumed,  and  to  do  and  perform  each  and  every  obliga- 
tion and  duty  attached  to  said  right,  privilege,  license 
or  franchise,  whether  such  obligation  and  duty  be  vol- 
untarily assumed  or  by  law  attached  thereto  or  imposed 
thereby. 

Some — Mandamus — Procedure  and  effect.  §  1872.  28c. 
II.  Said  mandamus  may  be  awarded  at  the  instance  of 
the  said  county,  city,  town  or  village  in  its  corporate 
name;  and  the  foregoing  section  shall  not  be  construed 
to  deprive  such  county,  city,  town  or  village,  or  any 
inhabitant  thereof,  of  any  other  remedy  to  compel  such 
individual,  association  or  corporation  to  comply  with 
the  terms,  conditions  and  agreements  of  such  right, 
privilege,  license  or  franchise,  or  of  the  right  to  re- 
cover damages  for  their  failure  so  to  do,  or  to  effect, 
remove  or  lessen  the  liability  of  such  individual  or 
association  of  individuals  or  corporation  to  forfeiture 
of  such  right,  license,  privilege,  franchise  or  charter 
for  failure  so  to  use  and  exercise  such  right,  privilege, 
license    or   franchise. 

Railroad  companies — Condemnation  of  land — Erection 
o/  telegraph  and  telephone  lines  on  public  roads.  §  2340. 
48.  If  any  railroad  coriwration  shall  be  unable  to  agree 
with  the  owner  of  real  estate  for  the  purchase  thereof 
for  its  corporate  purpose,  it  may  have  such  real  estate 
condemned  for  such  purpose  under  the  provisions  of 
chapter  42  of  the  Code;  provided,  however,  that  no  rail- 
road corporation  shall  have  the  right  to  condemn  land 
for  its  corporate  purposes  along  both  banks  of  any  of 
the  navigable  rivers  of  this  State  for  parallel  lines,  the 
taking  whereof  for  such  purposes  would  unreasonably 
interfere  with  any  other  company,  existing  or  hereafter 
to  exist,  desiring  in  good  faith  to  construct  a  competing 
or  main  line  of  railroad  upon  or  along  one  of  the  banks 
of  such  rivers.  And  where  both  sides  of  such  rivers 
shall  be  hereafter  taken,  acquired  or  occupied  by  any 
railroad  company,  whether  such  occupancy  be  by  vir- 
tue of  purchase,  gift  or  condemnation,  subject  to  the 
last  proviso,  and  another  railroad  company  desires  in 
good  faith  to  take  one  side  or  the  other  of  such  river 
for  the  purpose  of  building  and  operating  a  competing 
or  main  line  of  railroad,  and  said  last-named  company 
and  the  company  occupying  both  sides  of  such  river 
are  unable  to  agree  as  to  location  or  terms  and  condi- 
tion upon  which  one  side  or  the  other  of  such  river 
may  be  taken  and  used,  such  company  desiring  to  acquira 
or  to  use  one  side  of  such  river  may  condemn  and  take 


the  ^ide  of  such  river  opposite  to  the  main  line  of  such 
occupying  company,  if  the  taking  thereof  be  reasonably 
necessary  for  its  purpose,  upon  such  terms  and  condi- 
tions as  to  use,  traffic  rights,  trackage  rights,  ownership 
and  mutual  or  exclusive  rights,  and  continuing  or  per- 
manent consideration  as  may  be  prescribed  by  the  court, 
after  due  and  reasonable  compensation  has  been  ascer- 
tained and  paid  or  secured  as  in  other  cases  of  con- 
demnation   provided. 

Provided,  if  another  equally  practicable  and  available 
route  between  ,:he  principal  points  along  and  upon  the 
route  and  between  the  termini  of  the  proposed  railroad 
can  be  acquired,  then  in  that  event  the  provisions  of 
this  Act  shall  not  apply,  or  if  the  work  of  constructing" 
such  proposed  road  shall  not  be  imdertaken  within  a 
reasonable  time  after  such  condemnation,  or  if,  after 
such  construction  has  oegun,  it  is  not  prosecuted  with 
due  and  reasonable  diligence,  the  rights  acquired  under 
this   Act  shall   be   forfeited. 

And    every    such    railroad   corporation   owning   a   line 
or   lines   of    railroad   in   this   State,    shall   have   the   right 
at  any  time,   for  the   purpose  of  reducing  the  grade  or 
curvature,   and   for   the   purpose   of  otherwise   improving 
such   line   or   lines   of  railroad,   to   relocate   any    part  of 
its    line    or    lines,    or    build    cut-offs    in    connection    there- 
with,  and   the   provisions   of  chapter  42  of   the   Code  for 
acquiring   real   estate   by   railroad   companies   shall   apply 
to  such  line  or  lines  as  relocated,  and  to  such  cut-offs; 
but    these    provisions    shall    not    be    construed    as    giving 
authority   to   any   such   railroad   company  to  abandon  the 
use   of   such    line   or   lines,   as    formerly    located,    where 
the   continued    use    thereof    shall    be    necessary   to    serve 
industries    or    communities    thereon.      And    such    corpora- 
tion  may    take   and    hold    under   any   grant   or   ordinance 
made   by   a   municipal   corporation    any   interest   or   right 
such    municipal    corporation    may    have    in    any    street, 
alley    or    public    ground,    and    may    in    exchange    therefor, 
in    whole    or   in    part,    dedicate   or   otherwise    secure    to 
public    use,    another    street,    alley    or    parcel    of    ground 
out  of   real  estate   owned   by  such    railroad   corporation, 
whether     acquired     by     purchase     or     condemnation;     or 
under    an    agreement    with    such    municipal    corporation 
may   condemn   land   for  use   as  such   new  street,  alley   or 
public   ground,   in   the   same   manner  as   it   may   condemn 
land  for  its  own  use.     The  county  court  of  any  county 
may   authorize   any   telegraph    or   telephone    company    or- 
ganized   under   this   chapter   to   erect   and    maintain    tele- 
graph   or    telephone    poles    on    any    land    condemned    or 
used  as  a  public  road,  but  not  in  such  way  as  to  obstruct 
any   such   road.     But  this   section   shall   not  apply   to  the 
National  or  Cumberland  road.     And  nothing  herein  con- 
tained  shall    be   construed   as    to   prevent  a   railroad   al- 
ready   serving    a    town    or    village    from    changing    its 
main  line  from  one  to  another  side  of  said  town  or  vil- 
lage, or  near  enough  thereto  to  be  reached  by  a  switch 
or  spur,  if  such   switch  or  spur  is  safely  built  and  actu- 
ally used  to  connect  such  town  or  village  with  said  main 
line  and  serves  the  public  therein. 

Telephone  or  telegraph  operators  employed  on  railroads 
in  connection  with  movement  of  trains  —  Restriction  of 
hours  of  duty — Agreements  between  companies  and  opera- 
tors. §  2382al.  71b.  I.  That  it  shall  be  unlawful  for  any 
person,  corporation  or  association  operating  a  railroad 
within  this  State  to  permit  any  person  employed  by 
them,  or  on  their  railroad,  in  the  capacity  of  telephone 
or  telegraph  operator,  whose  duty  it  is  to  space  or 
block  trains  or  engines,  or  handle  train  orders  govern- 
ing the  movement  of  trains  or  engines,  or  handling  inter 
locking  switches  governing  the  movement  of  trains  or 
engines,  to  permit  such  telephone  or  telegraph  operator 
so  employed  to  be  on  duty  more  than  eight  hours  in 
any  24  consecutive  hours;  provided,  that  the  provisions 
of  this  Act  shall  apply  only  to  such  parts  of  a  railroad 
where  three  or  more  passenger  trains  pass  each  way 
in  24  consecutive  hours,  or  where  10  or  more  freight 
trains  pass  each  way  in  24  consecutive  hours,  or  at 
any  oflice  where  said  telegraph  or  telephone  operators 
are  employed  20  or  more  hours  in  24  consecutive  hours, 
and  provided,  further,  that  in  case  of  necessity  caused 
by  the  sickness  of  any  such  operators  or  by  an  accident 
on  such  railroad,  such  telephone  and  telegraph  operator 
may  be  permitted  to  be  on  duty  for  a  period  of  12 
consecutive  hours  in  any  24  consecutive  hours,  but  such 


1432 


National  Association  of  Railway  Commissionehs 


extension  of  time  shall  extend  only  for  a  period  long 
enough  fo  enable  such  railroad  company  to  supply  the 
required  number  of  operators  at  such  office,  and  shall 
In  no  case  extend  over  a  period  of  more  than  two  days, 
nor  under  this  provision  shall  it  be  lawful  for  any  tele- 
graph or  telephone  operator  to  be  on  duty  12  consecu- 
tive hours  in  any  24  consecutive  hours  for  more  than 
three  times  in  any  calendar  month;  but  nothing  in 
this  Act  shall  prevent  any  such  company  and  operator 
agreeing  to  a  longer  day  than  eight  hours,  but  in  no 
case  shall  any  such  operator  be  permitted  to  be  on 
duty  longer  than  12  consecutive  hours  in  any  24  con- 
secutive hours  under  such  agreement.  (Acts  1907,  regular 
session,  chapter  59.) 

Violation  of  provisions — Penalties.  §  2382a2.  71b.  II. 
Any  i)erson,  corporation  or  association  convicted  of  vio- 
lating the  provisions  of  this  Act  shall  be  guilty  of  a 
misdemeanor  and  pay  a  fine  of  $100  for  the  first  offense, 
and  for  each  offense  committed  after  the  first  conviction 
hereunder,  pay  a  fine  of  |300.  Acts  1907,  regular  session, 
chapter  59.) 

Railroad  charges  for  transportation  of  passengers — Lim- 
itations— Rate  per  mile — Children  under  12  years  of  age  to 
he  carried  for  one-half  fare — Additional  charge  to  passen- 
gers hoarding  train  where  tickets  are  sold  without  vrocur- 
ing  ticket — Act  not  to  apply  to  railroad  under  50  miles  in 
length  and  not  part  of  or  under  control,  etc.,  of  railroad 
over  50  miles  in  length,  operating  in  State.  §  2496al.  82ti. 
I.  That  all  railroad  corporations  organized  or  doing 
business  in  this  State  under  the  laws  or  authority  there- 
of shall  be  limited  in  their  charges  for  the  transporta- 
tion of  any  person  with  ordinary  baggage,  not  exceeding 


100  pounds  in  weight,  to  the  sum  of  2  cents  per  mile, 
or  fractional  part  of  a  mile,  but  the  fare  shall  alwayg 
be  made  the  multiple  of  5  nearest  reached  by  multiplying 
the  rate  by  the  distance,  and  if  for  any  one  passenger 
the  rates  herein  provided  shall  be  less  than  5  cents, 
the  said  sum  of  5  cents  may  be  charged  as  a  minimum; 
children  under  12  years  of  age  shall  be  carried  for  one- 
half  tare  above  prescribed;  provided,  that  any  passenger 
boarding  a  train  at  a  station  where  tickets  are  sold, 
without  having  procured  a  ticket,  may  be  charged  an 
additional  fare  of  10  cents,  for  which  sum  a  rebate  slip, 
redeemable  in  money  upon  presentation  to  any  ticket 
agent  of  the  company,  shall  be  issued  and  delivered  to 
such  passenger;  and  provided,  further,  that  nothing  In 
this  Act  shall  apply  to  any  railroad  in  this  State  under 
50  miles  in  length  and  not  a  part  of,  or  under  the  con- 
trol, management  or  operation  of  any  other  railroad, 
over  50  miles  in  length,  operating  wholly  or  in  part  in 
the  State.     (Acts  1907,  regular  session,  chapter  41.) 

Violation  of  provisions — Penalties — Act  not  to  apply  to 
electric  lines  and  street  railways  owned  or  operated  in 
State.  §  2496a2.  82h.  II.  Any  railroad  company  whlcb 
shall  charge,  demand  or  receive  any  greater  compensa- 
tion for  the  transportation  of  any  passenger  than  is; 
authorized  by  this  Act,  shall  be  fined  for  each  offense 
not  less  than  $50  nor  more  than  $500;  provided,  that 
nothing  contained  in  this  Act  shall  apply  to  electric 
lines  and  street  railways  owned  or  operated  in  thU 
State.     (Acts  1907,  regular  session,  chapter  41.) 

Repeal.    2496a3.     82h.     III.    All  Acts  or  parts  of  Acts 
Inconsistent   herewith   are   hereby  repealed.      (Acts   19j 
regular  session,  chapter  41.) 


PUBLIC  SERVICE  LAWS  OF  WISCONSIN 


I 


CONSTITUTIONAL   PROVISIONS. 

NoiE — Statutory  amendments  of  1911  are  Indicated  by 
italics. 

[Adopted  at  the  general  election,  November,  1902.] 

Passes  and  franks  prohihited.  §  11.  No  person,  asso- 
ciation, co-partnership,  or  corporation,  shall  promise, 
offer,  or  give,  for  any  purpose,  to  any  political  committee 
or  any  member  or  employe  thereof,  to  any  candidate  for, 
or  incumbent  of  any  office  or  position  under  the  consti- 
tution Or  laws,  or  under  any  ordinance  of  any  town 
cr  municipality,  of  this  State,  or  to  any  person  at  the  re- 
quest or  for  the  advantage  of  all  or  any  of  them,  any 
free  pass  or  frank,  or  any  privilege  withheld  from  any 
lerson,  for  the  traveling  accommodation  or  transporta- 
tion of  any  person  or  property,  or  the  transmission  of 
aLy  message  or  communication.  No  political  committee, 
and  no  member  or  employe  thereof,  no  candidate 
for  and  no  incumbent  of  any  office  or  position  under 
the  constitution  or  laws,  or  under  any  ordinance  of  any 
town  or  municipality  of  this  State,  shall  ask  for,  or 
accept,  from  any  person,  association,  co-partnership,  or 
corporation,  or  use,  in  any  manner  or  for  any  purpose, 
any  free  pass  or  frank,  or  any  privilege  withheld 
from  any  person,  for  the  traveling  accommodation  or 
transportation  of  any  person  or  property,  or  the  trans- 
mission of  any  message  or  communication.  Any  viola- 
tion of  any  of  the  above  provisions  shall  be  bribery 
hud  punished  as  provided  by  law,  and  if  any  officer  or 
member    of   the    legislature    be    guilty    thereof,    his   office 


cf  this  Act  the  governor  shall,  by  and  with  the  advice 
and  consent  of  the  senate,  appoint  such  commissioners, 
but  no  commissioner  so  appointed  shall  be  qualified  to 
act  until  so  confirmed.  The  term  of  one  such  appointee 
shall  terminate  on  the  first  Monday  in  February,  1909; 
the  term  of  the  second  such  appointee  shall  terminate 
on  the  first  Monday  in  February,  1911;  and  the  term  of 
I  he  third  such  appointee  shall  terminate  on  the  first 
Monday  In  February,  1913.  In  January,  1909,  and  bien- 
nially thereafter,  there  shall  be  appointed  and  confirmed 
in  the  same  manner,  one  commissioner  for  the  term 
of  six  years  from  the  first  Monday  in  February  of  such 
year.  Each  commissioner  so  appointed  shall  hold  his 
office  until  his  successor  is  .appointed  and  qualified.  Any 
vacancy  shall  be  filled  by  appointment  by  the  governor 
for  the  unexpired  term,  subject  to  confirmation  by  the 
senate,  but  any  such  appointment  shall  be  in  full  force 
until  acted  upon  by  the  senate. 

Qualifications,    a.    The  said  commissioners  shall  have 
the    following   qualifications:      One   shall   have   a    general 
knowledge  of  railroad  law;   each  of  the  others  shall  have 
a   general   understanding   of   matters   relating   to   railro^  I 
transportation.  X I 

Removal,  b.  The  governor  may  at  any  time  remove 
any  commissioner  for  inefficiency,  neglect  of  duty  or 
malfeasance  in  office.  Before  such  removal  he  shall 
give  such  commissioner  a  copy  of  the  charges  against 
him  and  shall  fix  a  time  when  he  can  be  heard  in  his 
own    defense,    which    shall    not    be    less    than    10    days 


shall    become    vacant.      No    person    within    the    purview  thereafter,  and  said  hearing  shall  be  open  to  the  public, 

of    this   Act   shall   be    privileged   from   testifying   in   rela-  If  he  shall  be  removed  the  governor  shall  file  in  the  office 

tlon     to    anything     therein     prohibited;     and    no     person  of    the    secretary   of    State    a    complete   statement   ot   all 

having    so    testified    shall    be    liable    to    any    prosecution  charges    made    against    such    commissioner   and    his    flnd- 

or    punishment    for    any    offense    concerning    which    he  ings    thereon    with    the    record    of   the    proceedings, 

was    required    to    give    his    testimony    or    produce    any  Pecuniary  interest  in  railroad,     c.    No  person  so  ao- 

documentary   evidence.      The    railroad    commissioner    and  pointed    shall    be    pecuniarily    intere.sled    in    any    railroad 

his   deputy   in    the   discharge   of  duty   are  excepted   from  in  this  State  or  elsewhere,  and  if  any  such  commissioner 


the    provisions   of   this    amendment. 

STATUTE  LAW. 

RAILROAD  COMMISSION  LAW. 

§§  1797—1  to  1797—38. 

Commission,  how  created;  qualifications,  etc.    1 1797 — 1. 

A  railroad  commission  is  hereby  created  to  be  composed 

of   three  commissioners.     Immediately  after  the   passage 


shall  voluntarily  become  so  interested,  his  office  shall 
ipso  facto  become  vacant;  and  if  he  shall  become  so 
inierested  otherwise  than  voluntarily  he  shall  within  a 
reasonable  time  divest  himself  of  such  interest;  fall 
so  to  do,  his  office  shall  become  vacant. 

Other  offlce.  d.  No  commissioner,  nor  the  secretary^ 
shall  hold  any  other  office  or  position  of  profit,  or  pursue 
any    other    business    or    vocation,    or    serve   on    or   under 


Public  Service  Laws 


1433 


any    committee    of   any    political    party,   but    shall   devote 
his  entire  time  to  the  duties  of  his  office. 

Oath.  e.  Before  entering  upon  the  duties  of  his  office, 
each  of  said  commissioners  shall  take  and  subscribe  the 
constitutional  oath  of  office,  and  shall  in  addition  thereto 
ewear  (or  affirm)  that  he  is  not  pecuniarily  interested 
in  any  railroad  in  this  State  or  elsewhere,  and  that 
he  holds  no  other  office  of  profit,  nor  any  position  under 
any  political  committee  or  party;  which  oath  or  affirma- 
tion shall  be  filed  in  the  office  of  the  secretary  of 
State. 

Salary  $5,000.  f.  Each  of  said  commissioners  shall  re- 
ceive an  annual  salary  of  $5,000,  payable  in  the  same 
manner  as   salaries   of  other   State   officers   are   paid. 

Organization,  g.  The  commissioners  appointed  under 
this  Act  shall  within  20  days  after  their  appointment 
and  confirmation  meet  at  the  State  capitol  and  organize 
by  electing  one  of  their  number  chairman,  who  shall 
serve  until  the  second  Monday  of  February,  1907.  On 
the  second  Monday  of  February  in  each  odd-numbered 
year  the  commissioners  shall  meet  at  the  office  of  the 
commission  and  elect  a  chairman,  who  shall  serve  for 
two  years  and  until  his  successor  is  elected.  A  majority 
of  said  commissioners  shall  constitute  a  quorum  to 
transact  business,  and  any  vacancy  shall  not  impair 
the  right  of  the  remaining  commissioners  to  exercise  all 
the  powers  of  the  commission. 

Secretary  and  employes,  h.  Said  commission  may  ap- 
point a  secretary  at  a  salary  of  not  more  than  $2,500  per 
annum,  and  may  appoint  and  employ  a  sufficient  number 
of  clerks  and  stenographers  to  perform  the  clerical 
work  of  the  office  and  may  employ  such  experts 
»nd  temporary  employes  as  may  be  necessary  to  perform 
any  service  it  may  require  of  them  and  shall  fix  the 
compensation  of  such  clerks,  stenographers,  experts 
and  temporary  employes.  The  experts  employed  under 
this  section  shall  be  exempt  from  the  operation  of 
chapter  363,  laws  of  Wisconsin  for  the  year  1905,  and 
amendatory   Acts. 

Ch.   582,    1907. 

Oath  of  secretary,  etc.  1.  The  secretary  shall  take  and 
subscribe  to  an  oath  similar  to  that  of  the  commissioners, 
and  shall  keep  full  and  correct  records  of  all  trans- 
actions and  proceedings  of  the  commission,  and  shall 
perform  such  other  duties  as  may  be  required  by  the 
commission.  Any  person  ineligible  to  the  office  of  com- 
missioner shall  be   ineligible  to   the  office  of  secretary. 

Corporate  name.  j.  The  commissioners  shall  be  known 
collectively  as  "Railroad  Commission  of  Wisconsin,"  and 
Jn  that  name  may  sue  and  be  sued.  It  shall  have  a  seal 
■with  the  words  "Railroad  Commission  of  Wisconsin,"  ^ 
and  such  other  design  as  the  commission  may  prescribe 
engraved  thereon,  by  which  it  shall  authenticate  its 
proceedings  and  of  which  the  courts  shall  take  Judicial 
notice. 

Office,  k.  The  commission  shall  keep  its  office  at  the 
capitol,  and  shall  be  provided  by  the  superintendent  of 
liublic  property  with  suitable  room  or  rooms,  necessary 
office  furniture,  supplies,  stationery,  books,  periodicals, 
maps,  and  all  necessary  expenses  shall  be  audited  and 
paid  as  other  State  expenses  are  audited  and  paid.  The 
commission  may  hold  sessions  at  any  place  other  than 
the  capitol  when  the  convenience  o£  the  parties  so  re- 
<iuires.  The  commissioners,  secretary  and  clerks,  and 
such  experts  as  may  be  employed  shall  be  entitled  to 
receive  from  the  State  their  actual  necessary  expenses 
while  traveling  on  the  business  of  the  commission; 
euch  expenditures  to  be  sworn  to  by  the  person  who 
Incurred  the  expense  and  approved  '  by  the  chairman 
of  the   commission. 

Rules.  1.  The  commission  shall  have  power  to  adopt 
and  publish  rules  to  govern  its  proceedings  and  to  regu- 
late the  mode  and  manner  of  all  investigations  and 
hearings  of  railroads  and  other  parties  before  it,  and 
all   hearings   shall   be  open  to  the   public. 

Conferring  with  other  commissions,  m.  The  commis- 
sion may  confer  by  correspondence,  or  by  attending 
conventions,  or  otherwise,  with  the  railroad  commission- 
ers of  other  States,  and  with  the  Interstate  Commerce 
Commission,  on  any  matters  relating  to  railroads 
Ch.   362,   1905. 

'•Railroad"  defined.     §  1797— -2.    The  term  "railroad"  as 


used  herein  shall  mean  and  embrace  all  corporations, 
companies,  individuals,  associations  of  Individuals,  their 
lessees,  trustees  or  receivers  (appointed  by  any  court 
whatsoever)  that  now,  or  may  hereafter,  own,  operate, 
manage  or  control  any  railroad  or  part  of  a  railroad 
as  a  common  carrier  in  this  State,  or  cars  or  other  equip- 
ment used  thereon,  or  bridges,  terminals,  or  side  tracks, 
used  in  connection  therewith,  whether  owned  by  such 
railroad  or  otherwise,  and  also  all  street  and  interurban 
railway    companies. 

Express  companies,  a.  The  term  "railroad"  whenever 
used  herein  shall  also  mean  and  embrace  express  com- 
panies, and  telegraph  companies,  and  all  duties  required 
of  and  penalties  Imposed  upon  any  railroad  or  any 
officer  or  agent  thereof  shall,  in  so  far  as  the  same  are 
applicable,  be  required  of  and  imposed  upon  express 
companies  and  telegraph  companies  and  their  officers 
and  agents,  and  the  commission  shall  have  the  power  of 
supervision  and  control  of  express  companies  and  tele- 
graph companies  to  the  same  extent  as  railroads. 

Telegraph,  sleeping  car,  freight  line  companies,  b.  The 
provisions  of  this  Act  shall  apply  to  the  receiving,  trans- 
mitting and  delivering  of  messages  by  telegraph,  and  to 
all  charges  connected  therewith,  and  to  the  transpor- 
tation of  passengers  and  property  between  points  within 
this  State,  and  to  the  receiving,  switching,  delivering, 
storing  and  handling  of  such  property,  and  to  all  charges 
connected  therewith,  and  shall  apply  to  all  railroad 
corporations,  express  companies,  telegraph  companies, 
car  companies,  sleeping  car  companies,  freight  and 
freight  line  companies,  and  to  all  associations  of  persons, 
whether  incorporated  or  otherwise,  that  shall  do  busi- 
ness as  common  carriers  upon  or  over  any  line  of  rail- 
road within  this  State,  and  to  any  common  carrier  en- 
gaged in  the  transportation  of  passengers  or  property 
wholly  by  rail  or  partly  by  rail  and  partly  by  water. 

Logging  and  private  roads  excepted,  c.  This  Act  shall 
not  apply  to  logging  or  other  private  railroads  not  doing 
business   as   common  carriers. 

Ch.  362,  1905;    ch.  582,  1907. 

Service,  rates,  etc.  §  1797 — 3.  Every  railroad  Is  hereby 
required  to  furnish  reasonably  adequate  service  and  fa- 
cilities, and  the  charges  made  for  any  service  rendered 
or  to  be  rendered  in  the  transportation  of  passengers 
or  property  or  for  any  service  in  connection  therewith, 
or  for  the  receiving,  switching,  delivering,  storing,  or 
handling  of  such  property,  shall  be  reasonable  and 
just,  and  every  unjust  and  unreasonable  charge  for 
such  service  is  prohibited  and  declared  to  be  unlawful. 
Ch.   362,   1905. 

Schedules.  §  1797 — I.  Every  railroad  shall  print  In 
plain  type  and  file  with  the  commission  within  a  time 
tc  be  fixed  by  the  commission,  schedules  which  shall 
be  open  to  public  inspection,  showing  all  rates,  fares 
and  charges  for  the  transportation  of  passengers  and 
property,  and  any  service  in  connection  therewith, 
which  it  has  established  and  which  are  in  force  at  the 
time  between  all  points  in  this  State  upon  its  line,  or 
any  line  controlled  or  operated  by  it,  and  the  rates, 
fares  and  charges  shown  on  such  schedules  which  are 
to  take  effect  prior  to  January  1,  1906,  shall  not  exceed 
the  rates,  fares  and  charges  shown  on  the  schedules 
filed  under  the  provisions  of  §  35  of  this  Act.  The 
schedules  printed  as  aforesaid  shall  plainly  state  the 
places  upon  its  line  or  any  line  controlled  or  operated 
by  it  in  this  State  between  which  passengers  and  prop- 
erty will  be  carried,  and  there  shall  be  filed  therewith 
the  classification  of  freight  in  force.  Every  railroad 
shall  publish  with  and  as  a  part  of  such  schedules  all 
lules  and  regulations  that  in  any  manner  affect  the 
rates  charged  or  to  be  charged  for  the  transportation 
of  passengers  or  property,  also  its  charges  for  delay 
In  loading  or  unloading  cars,  for  track  and  car  service 
or  rental  and  for  demurrage,  switching,  terminal  or 
transfer  service,  or  for  rendering  any  other  service 
In  connection  with  the  transportation  of  persons  or 
property.  Two  copies  of  said  schedule  for  the  use  of  the 
public  shall  be  filed  and  kept  on  file  in  every  dejwt 
station  and  office  of  such  railroad  where  passengers  or 
freight  are  received  for  transportation  In  such  form 
and  place  as  to  be  accessible  to  the  public  and  can 
be  conveniently  inspected.  When  passengers  or  prop- 
erty are  transported  over  comnecting  lines  in  this  State 


1434 


National  Association  of  Railti^ay  Comjiissionees 


operated  by  more  than  one  railroad,  and  the  several 
railroads  operating  such  lines  establish  joint  rates, 
fares  and  charges,  a  schedule  of  joint  rates  shall  also 
in  like  manner  be  printed  and  filed  with  the  commission 
and  in  every  depot,  station  and  office  of  such  railroads 
where  such  passengers  or  property  are  received  for  trans- 
portation. 

Ch.  362.  1905. 
Changes  in  rates,  a.  No  change  shall  thereafter  be 
made  in  any  schedule  including  schedule  of  joint  rates,  or 
In  any  classification,  .  .  .  unless  such  change  shall  be 
first  approved  by  the  commission,  and  all  such  changes 
shall  be  plainly  indicated  upon  existing  schedules,  or  by 
filing  new  schedules  in  lieu  thereof,  thirty  days  prior 
to  the  time  same  are  to  take  effect.  .  .  .  Copies  of 
Ell  new  schedules  shall  be  filed  as  hereinbefore  provided 
In  every  depot,  station  and  office  of  such  railroad  at 
places  to  or  from  which  the  rates  in  such  schedules 
apply,  thirty  days  prior  to  the  time  the  same  are  to  take 
effect,  unless  the  commission  shall  prescribe  a  less  time. 

Ch.  362,  1905;  ch.  335,  1909;  ch.  160,  1911. 
Notice  of  changes,  b.  Whenever  a  change  is  made  In 
any  existing  schedule.  Including  schedule  of  joint  rates, 
a  notice  shall  be  posted  by  the  railroad  in  a  conspicuous 
pJace  in  every  depot,  station  and  office,  stating  that 
changes  have  been  made  in  the  schedules  on  file,  speci- 
fying the  class  or  commodity  affected  and  the  date  when 
the  same  will  take  effect. 

Railroads  must  abide  by  schedules,  c.  It  shall  be  un- 
lawful for  any  railroad  to  charge,  demand,  collect  or 
receive  a  greater  or  less  compensation  for  the  trans- 
lortation  of  passengers  or  property  or  for  any  service 
in  connection  therewith  than  is  specified  in  such  printed 
pchedules,  including  schedules  of  joint  rates,  as  may  at 
the  time  be  in  force,  and  the  rates,  fares  and  charges 
named  therein  shall  be  the  lawful  rates,  fares  and 
charges  until  the  same  are  changed  as  herein  provided. 

Form  of  schedules,  d.  The  commission  may  prescribe 
such  changes  in  the  form  in  which  the  schedules  are 
issued  by  the  railroad  as  may  be  found  expedient. 

Complaints  as  to  rates — Investigation  thereof — Commis- 
sion may  act  on  its  own  motion,  e.  Whenever  any  person, 
firm,  corporation,  or  association,  or  any  mercantile,  agri- 
cultural or  manufacturing  society,  or  any  body  politic  or 
municipal  organization,  lodges  a  complaint  with  the  com- 
mission before  any  change  or  changes  in  any  schedule. 
Including  schedule  of  joint  rates,  or  in  any  classification, 
rule,  regulation  or  practice,  become  effective  as  in  this 
section  provided  to  the  effect  that  such  change  or  changes 
are  unreasonable  or  unjustly  discriminatory,  it  shall  be 
the  duty  of  the  commission  to  give  notice  to  the  rail- 
road or  railroads  complained  of  that  complaint  has  been 
made,  and  to  proceed  to  investigate  the  same  and  to 
order  a  hearing  thereon  in  the  manner  provided  for 
hearings  in  §1797 — 12;  and  the  commission  may,  in 
its  discretion,  stay  such  change  or  changes  pending 
such  investigation  and  the  determination  of  the  matters 
Investigated  by  issuing  an  order  to  that  effect  at  any 
time  before  said  change  or  changes  shall  take  effect 
as  in  this  section  provided.  If  upon  such  investigation 
the  change  or  changes  complained  of  shall  be  found  un- 
reasonable or  unjustly  discriminatory  such  change  or 
changes  shall  not  take  effect  if  the  same  have  been 
stayed  as  hereinbefore  provided,  and  in  case  no  such 
stay  has  been  ordered  and  such  change  or  changes  have 
become  effective  pending  such  investigation  the  com- 
mission shall  have  power  to  order  the  discontinuance  of 
such  change  or  changes.  The  commission  shall  also  have 
power  upon  such  investigation  to  fix  and  order  substi- 
tuted for  any  such  change  or  changes  such  rate  or 
rates,  joint  rate  or  rates,  fares,  charges,  classification, 
rule,  regulation,  practice  or  service,  as  the  case  may  be, 
as  it  shall  have  determined  to  be  just  and  reasonable 
and  which  shall  be  charged,  imposed  or  followed  in  the 
future,  and  shall  also  have  power  to  make  such  orders 
respecting  such  rule,  regulation,  practice  or  service  as 
It  shall  have  determined  to  be  reasonable  and  which 
shall  be  observed  and  followed  in  the  future.  The  com- 
mission may  exercise  all  the  powers  granted  it  by  this 
section,  of  its  own  motion  without  formal  complaint 
being  filed  by  anyone. 

Ch.    362,    1905;    ch.    335,    1909. 

Joint  rates.     1 1797 — 5.    Whenever  passengers  or  prop- 


erty are  transported  over  two  or  more  connecting  lines 
of  railroad  between  points  in  this  State,  and  the  railroad 
companies  have  made  joint  rates  for  the  transportation 
of  the  same,  such  rates  and  all  charges  in  connection 
therewith  shall  be  just  and  reasonable,  and  every  unjust 
and  unreasonable  charge  is  prohibited  and  declared 
to  be  unlawful;  provided,  that  a  less  charge  by  each 
of  said  railroads  for  its  transportation  of  such  joint 
rates  than  is  made  locally  between  the  same  points  on 
their  respective  lines  shall  not  for  that  reason  be  con- 
strued as  a  violation  of  the  provisions  of  this  Act,  nor 
render  such  railroads  liable  to  any  of  the  penalties 
hereof. 

Ch.   362,   1905. 

Commodity  rates.  §  1797—6.  Nothing  in  this  Act  shall 
be  construed  to  prevent  concentration,  commodity, 
transit  and  other  special  contract  rates,  but  all  such 
rates  shall  be  open  to  all  shippers  for  a  like  kind  of 
traffic  under  similar  circumstances  and  conditions,  and 
shall  be  subject  to  the  provisions  cf  this  Act  as  to  the 
printing  and  filing  of  the  same:  Provided,  All  such 
rates  shall  be  under  (he  supervision  and  regulation  of 
the  commission. 

Ch.   362,   1905. 

Classification.  §  1797—7.  There  shall  be  but  one  classi- 
fication of  freight  in  the  State  which  shall  be  uniform 
on  all  railroads. 

Ch.  362,  1905. 

Free  transportation;  reduced  rates.  §  1797—8.  1.  Noth- 
ing herein  shall  prevent  the  carriage,  storage,  or  handling 
of  freight  free  or  at  reduced  rates  for  the  United  States, 
the  State,  or  any  municipality  thereof,  or  for  charitable 
purposes,  or  to  and  from  fairs  and  expositions  for  ex- 
hibition thereat,  or  household  goods  the  property  of  rail- 
way employes,  or  commodities  shipped  by  employes  for 
their  own  exclusive  use  or  consumption;  or  the  issuance 
of  mileage,  commutation,  or  excursion  passengers'  tickets, 
provided  the  same  shall  be  obtainable  by  any  person 
applying  therefor,  without  discrimination,  or  of  party 
tickets,  provided  the  same  shall  be  obtainable  by  all 
persons  applying  therefor  under  like  circumstances 
c'nd  conditions;  or  the  sale  of  such  tickets  as  were 
usually  and  customarily  sold  at  reduced  rates  prior 
1o  June  15,  1905,  provided  the  same  are  sold  without 
discrimination  to  all  persons  applying  therefor  unt^M  ■ 
like  circumstances  and   conditions.  ^U  I 

Ch.    362,   1905;    ch.    13,   spec,   session    1905.  "■ 

Free  travel  to  certain  classes.  2.  This  Act  shall  not  be 
construed  as  preventing  railroads  from  giving  free  trans- 
portation or  reduced  rates  therefor  to  any  minister  of 
the  gospel,  officers  or  agent  of  incorisorated  colleges, 
inmates  of  soldiers'  homes,  regular  agents  of  charitable 
societies  when  traveling  upon  the  business  of  the  society 
only,  destitute  and  homeless  persons,  railroad  officer,, 
attorney,  director,  employe,  or  members  of  their  families 
or  to  former  railroad  employes  or  members  of  their 
families  where  such  employes  have  become  disabled  in 
I  lie  railway  service,  or  are  unable  from  physical  dis- 
qualification to  continue  in  the  service,  or  to  members 
of  families  of  deceased  railroad  employes;  or  to  pre- 
vent the  exchange  of  passes  with  officers,  attorneys  or 
employes  of  other  railroads  and  members  of  their  fam- 
ilies; provided  that  no  person  holding  any  public  office 
or  position  under  the  laws  of  this  State  shall  be  given 
free  transportation  or  reduced  rates  not  open  to  the 
\'Ublic. 

Ch.  362,  1905;   13,  spec,  session  1905. 

Land  agents.  3.  This  Act  shall  not  be  construed 
preventing  railroad  companies  from  giving  free  transporta- 
tion or  reduced  rates  therefor  to  .  .  .  persons  actually 
engaged  for  more  than  one-half  of  their  time  each  year  in 
the  business  of  .  .  .  selling  unimproved  land  within 
the  State  to  settlers.  No  transportation  hereunder  shall  be 
delivered  to  or  used  by  any  such  .  .  .  person  until  the 
railroad  commission  upon  application  of  such  .  .  .  person 
and  after  such  investigation  as  it  may  deem  necessary, 
shall  have  determined  that  such  applicant  is  .  .  .  actu- 
ally engaged  in  such  business  within  the  letter  and  spirit 
of  this  provision,  and  shall  have  issued  to  such  applicant 
a  certificate  to  that  effect.  On  or  before  the  tenth  day  of 
each  month  every  .  .  .  person  holding  a  certificate  here- 
under shall  report  to  the  commission  the  miles  traveled 


11 


Public  Service  Laws 


143.': 


upon    the    railroads    of    the    State    under    the    provisions 
hereof  during  the  preceding  calendar  month. 

Ch.  109,  1909;  eh.  150,  1911. 
Attendance  of  live  stock.  4.  Upon  any  shipment  of  live 
stock  or  other  property  of  such  nature  as  to  require 
the  care  of  an  attendant,  the  railroad  may  furnish  to  the 
s'lipper  or  some  person  or  persons  designated  by  him, 
free  transportation  for  such  attendant,  including  return 
passage  to  the  point  at  which  the  shipment  originated; 
provided,  there  shall  be  no  discrimination  in  reference 
thereto  between  such  shippers,  and  the  commission 
shall  have  power  to  prescribe  regulations  in  relation 
thereto. 

Free  transportation  of  other  persons  prohibited.  5.  Except 
as  provided  in  this  section  no  free  transportation  for 
intrastate  traffic  shall  be  given  to  any  person  by  any 
railroad. 

Ch.  362,  1905;   ch.  13,  spec,  session  1905. 

Depots.  §  1797—9.  It  shall  be  the  duty  of  every  rail- 
road to  provide  and  maintain  adequate  depots  and 
do^pot  buildings  at  its  regular  stations  for  the  accommo- 
dation of  passengers  and  said  depot  buildings  shall  be 
kept  clean,  well  lighted  and  warmed  for  the  comfort 
and  accommodation  of  the  traveling  public.  All  railroads 
shall  keep  and  maintain  adequate  and  suitable  freight 
depots,  buildings,  switches  and  side  tracks  for  the  re- 
ceiving, handling  and  delivering  of  freight  transported 
or  to  be  transported  by  such  railroads;  provided,  that  this 
shall  not  be  construed  as  repealing  any  existing  law  on 
the  subject. 

Ch.   362,   1905. 

Safety  devices;  Hock  signals.  §  1797— 9a.  It  shall  be 
the  duty  of  every  railroad  to  adopt  reasonably  ade- 
quate safety  measures  and  install,  operate,  and  main- 
tain reasonably  adequate  safety  devices  for  the  protec- 
tion of  life  and  property.  If,  after  investigation,  the 
commission  shall  determine  that  public  safety  requires 
the  installation,  operation,  and  maintenance  of  a  block 
system  or  other  safety  device  or  measure  by  any  rail- 
road, the  commission  may,  after  notice  and  hearing 
as  provided  in  §  1797 — 12,  order  such  railroad  to  install, 
operate,  and  maintain  a  block  system  or  other  safety 
device  or  measure  as  may  be  necessary  to  render  the 
operation  of  such  railroad  reasonably  safe. 
Ch.  297,  1911. 

Rules  for  safety  devices.     §  1797.     9b.    The  commission 
may  establish  reasonable  rules,  regulations,  specifications, 
and   standards   for   the   installation,   operation,  and   main- 
tenance of  all  safety  devices  and  measures. 
Ch.  297,  1911. 

Car  supply;  freight  delivery.  §  1797 — 10.  Every  rail- 
road shall,  when  within  its  power  so  to  do,  and  upon 
reasonable  notice,  furnish  suitable  cars  to  any  and  all 
persons  who  may  apply  therefor,  for  the  transportation 
of  any  and  all  kinds  of  freight  in  carload  lots  and 
thall  use  reasonable  diligence  in  moving  freight  and 
rjaking  deliveries  thereof. 

When  not  enough  ears.  a.  In  case  of  insufficiency  ot 
cars  at  any  time  to  meet  all  requirements,  such  cars 
as  are  available  shall  be  distributed  among  the  several 
applicants  therefor  in  proportion  to  their  respective 
immediate  requirements  without  discrimination  between 
shippers  or  competitive  or  non-competitive  places;  pro- 
vided, preference  may  be  given  to  shipments  of  live 
stock  and   perishable  property. 

Railroad  to  weigh  freight,  b.  Every  railroad  shall  cor- 
rectly weigh  all  freight  shipped  on  actual  weight  and 
shall  also  correctly  weigh  all  empty  cars  when  freight 
is  shipped  in  carload  lots. 

Commission  to  make  rules,  c.  The  commission  shall 
have  power  to  make  and  enforce  reasonable  regulations 
for  furnishing  cars  to  shippers  and  for  moving  and 
switching  the  same,  and  for  the  loading  and  unloading 
thereof,  and  the  weighing  of  cars  and  freight  offered 
for  shipment  over  any  line  of  railroad  and  to  test 
the  weights  made  by  any  railroad  and  scales  used  in 
weighing  freight  or  cars. 

Ch.  362,  1905;    ch.   582,  1907. 

Demurrage  charges.  §  1797 — 10m.  1.  In  all  cases  where 
common  carriers  move  carload  freight  from  point  of  ship- 
ment to  point  of  destination  at  an  average  rate  of  less  than 
75  miles  for  each  24  hours,  consignee  shall  be  allowed  for 


unloading  without  car  service  or  demurrage  being  assessed, 
additional  frge  time  equivalent  to  the  number  of  days  in 
excess  of  75  miles  per  day  of  24  hours  consumed  by  the 
common  carrier  in  transporting  said  freight  from  point  of 
shipment  to  point  of  destination. 

Free  time — How  measured.  2.  For  the  purpose  of  de- 
termining whether  or  not  the  consignee  shall  be  entitled 
to  additional  free  time  as  provided  for  in  subsection  1  of 
this  section,  the  time  consumed  by  the  common  carrier  in 
transporting  the  freight  shall  begin  to  run  at  12  o'clock 
midnight  of  the  day  on  which  the  freight  is  delivered  to 
the  common  carrier  at  point  of  shipment  and  shall  end  at 
12  o'clock  midnight  of  the  day  on  which  the  car  is  placed 
at  a  point  accessible  to  the  consignee  for  the  purpose  of 
unloading. 

Commission  may  suspend  operation  of  the  Act.  3.  The 
provisions  of  this  Act  shall  apply  to  carload  freight  trans- 
ported by  one  or  more  common  carriers  from  point  of  ship- 
ment to  point  of  destination.  Provided  that  whenever  any 
railroad  company  shall  notify  the  railroad  commission  of 
Wisconsin  that  conditions  have  arisen  on  its  line  of  rail- 
road over  which  it  has  no  control  and  is  liable  for,  stating 
in  said  notification  the  facts  of  the  case,  the  railroad  com- 
mission may,  if  it  deems  the  facts  such  as  to  warrant,  issue 
its  order  suspending  the  operation  of  this  Act  not  to  ex- 
ceed 30  days,  but  may  continue  such  order  from  time 
to  time  as  the  conditions  may  warrant.  The  consignee 
must  use  due  and  reasonable  diligence  In  unloading  all 
cars,  and  any  failure  to  do  so  shall  subject  the  consignee 
to  a  like  supervision  by  the  railroad  commission.  It  is 
further  provided  that  when  conditions  warrant  the  rail- 
road commission  shall  have  power  to  promulgate  reason- 
able and  just  rules  and  regulations  to  enforce  or  modify 
the  provisions  of  this  Act. 

Ch.  35S,  1911. 

Interchange  of  traffic.  §1797—11.  All  railroads  shall 
afford  all  reasonable  and  proper  facilities  for  the  inter- 
change of  traffic  between  their  respective  lines  for  forward- 
ing and  delivering  passengers  and  property,  and  shall  trans- 
fer, switch  for  a  reasonable  compensation,  and  deliver  with- 
out unreasonable  delay  or  discrimination  any  freight  or 
cars,  loaded  or  empty,  destined  to  any  point  on  its  tracks 
or  any  connecting  lines;  provided,  that  precedence  over 
other  freight  shall  be  given  to  live  stock  and  perishable 
freight. 

Ch.  362,  1905;  ch.  13,  spec,  session  1905. 

Control  of  private  tracks,  a.  The  commission  shall 
have  control  over  private  tracks  in  so  far  as  the  same 
are  used  by  common  carriers,  in  connection  with  any  rail- 
road for  the  transportation  of  freight,  in  all  respects  the 
same  as  though  such  tracks  were  a  part  of  the  track  of 
said  railroad. 

Ch.  362,  1905. 

Spur  tracks.  §  1797 — 11m.  1.  Every  railroad  shall  ac- 
quire the  necessary  rights  of  way  for,  and  shall  construct, 
connect,  maintain,  and  operate  a  reasonably  adequate  and 
suitable  spur  track,  whenever  such  spur  track  does  not 
necessarily  exceed  .  .  .  three  miles  in  length,  is  prac- 
tically indispensable  to  the  successful  operation  of  any  ex- 
isting or  proposed  mill,  elevator,  storehouse,  warehouse, 
dock,  wharf,  pier,  manufacturing  establishment,  lumber 
yard,  coal  dock,  or  other  industry  or  enterprise,  and  its 
construction  and  operation  is  not  (un)  usually  unsafe  and 
dangerous,  and  is  not  unreasonably  harmful  to  public  in- 

Ch'.  362,  1905;  ch.  481.  1909;  ch.  193,  1911. 

Beneficiaries  to  pay  cost.  2.  Such  railroad  may  require 
the  person  or  persons,  firm,  corporation  or  association  pri- 
marily to  be  served  thereby  to  pay  the  legitimate  cost  and 
expense  of  acquiring,  by  condemnation  or  purchase,  the 
necessary  rights  of  way  for  such  spur  track,  and  of  con- 
structing the  same,  as  shall  be  determined  in  separate  items 
by  the  commission,  in  which  case  the  total  estimated  cost 
thereof  shall  be  deposited  with  the  railroad  before  the  rail- 
road shall  be  required  to  incur  any  expense  whatever 
therefor;  provided,  however,  that  when  any  such  person, 
firm,  corporation  or  association  shall  be  required  by  the 
commission  to  deposit  with  the  railroad  the  total  estimated 
cost,  as  herein  provided,  such  person,  firm,  corporation  or 
association  may  offer,  or  cause  to  be  offered,  a  proposition 
in  writing  to  such  railroad,  to  construct  such  spur  track, 
such  proposition  to  be  accompanied  by  a  surety  company 
bond,  running  to  such  railroad,  and  conditioned  upon  the 


1436 


National  Association  of  Bailwat  Commissioners 


construction  of  such  spur  track  In  a  good  and  workman- 
like manner,  according  to  tiie  plans  and  specifications  pro- 
vided by  such  railroad,  and  approved  by  the  commission, 
and  deposit  with  such  railroad  the  estimated  cost  of  the 
necessary  right  of  way  for  such  spur  track;  and  whenever 
such  proposition  and  security  company  bond  shall  be  offered 
the  person,  firm,  corporation  or  association  primarily  to 
J)e  served  thereby  shall  not  be  required  to  deposit  as  herein 
provided,  as  the  total  estimated  cost  of  such  construction, 
an  amount  in  excess  of  the  estimated  cost  of  the  right  of 
way,  and  the  total  amount  stated  in  such  written  proposi- 
tion. Provided  further  that  before  the  railroad  shall  be 
required  to  Incur  any  expense  whatever  in  the  construc- 
tion of  said  spur  track,  the  person,  firm,  corporation  or  as- 
sociation primarily  to  be  served  thereby,  shall  give  the 
railroad  a  bond  to  be  approved  by  the  commission  as  to 
•form,  amount  and  surety,  securing  the  railroad  against 
loss  on  account  of  any  expense  incurred  beyond  the  amount 
so  deposited  with  the  railroad. 

Ch.  362,  1905;  ch.  352,  1907;  ch.  481,  1909. 

Commission  to  apportion  cost.  3.  Whenever  such  spur 
track  is  so  connected  with  the  main  line,  as  herein  pro- 
vided, at  the  expense  of  the  owner  of  such  proposed  or 
«xisting  mill,  elevator,  storehouse,  warehouse,  dock,  wharf, 
pier,  manufacturing  establishment,  lumber  yard,  coal  dock 
or  other  industry  or  enterprise,  and  any  person,  firm,  cor- 
poration or  association  shall  desire  a  connection  with  such 
spur  track,  application  therefor  shall  be  made  to  the  com- 
mission, and  such  person,  firm,  corporation  or  association 
shall  be  required  to  pay  to  the  person,  firm,  corporation  or 
association  that  shall  have  paid  or  contributed  to  the  pri- 
mary cost  and  expense  of  acquiring  the  right  of  way  for 
such  original  spur  track,  and  of  constructing  the  same,  an 
«quitable  proportion  thereof,  to  be  determined  by  the  com- 
mission, upon  such  application  and  notice,  to  the  persons, 
firms,  corporations  or  associations  that  have  paid  or  con- 
tributed toward  the  original  cost  and  expense  of  acquiring 
the  right  of  way  and  constructing  the  same. 

Ch.  362,  1905;  ch.  481,  1909. 

Complaints  and  investigations.  §  1797 — 12.  Upon  com- 
plaint of  any  person,  firm,  corporation  or  association,  or  of 
any  mercantile,  agricultural  or  manufacturing  society,  or 
of  any  body  politic  or  municipal  organization,  that  any  of 
the  rates,  fares,  charges  or  classifications,  or  any  joint  rate 
or  rates  are  in  any  respect  unreasonable  or  unjustly  dis- 
criminatory, or  that  any  regulation  or  practice  whatsoever 
affecting  the  transportation  of  persons  or  property,  or  any 
service  in  connection  therewith,  are  in  any  respect  unrea- 
sonable or  unjustly  discriminatory,  or  that  any  service  is 
inadequate,  the  commission  may  notify  the  railroad  com- 
plained of  that  complaint  has  been  made,  and  10  days  after 
such  notice  has  been  given  the  commission  may  proceed  to 
investigate  the  same  as  hereinafter  provided.  Before  pro- 
ceeding to  make  such  investigation  the  commission  shall 
give  the  railroad  and  the  complainant  10  days'  notice  of 
the  time  and  place  when  and  where  such  matters  will  be 
considered  and  determined,  and  said  parties  shall  be  enti- 
tled to  be  heard  and  shall  have  process  to  enforce  the 
attendance  of  witnesses.  If  upon  such  investigation  the 
rate  or  rates,  fares,  charges  or  classifications  or  any  joint 
rate  or  rates,  or  any  regulation,  practice  or  service  com- 
plained of  shall  be  found  to  be  unreasonable  or  unjustly 
discriminatory,  or  the  service  shall  be  found  to  be  inade- 
quate, the  commission  shall  have  power  to  fix  and  order 
substituted  therefor  such  rate  or  rates,  fares,  charges  or 
classification  as  it  shall  have  determined  to  be  just  and 
reasonable  and  which  shall  be  charged,  imposed  and  fol- 
lowed in  the  future,  and  shall  also  have  power  to  make 
such  orders  respecting  such  regulation,  practice  or  service 
as  it  shall  have  determined  to  be  reasonable  and  which 
shall  be  observed  and  followed  in  the  future. 

Separate  hearings  on  several  grievances,  a.  The  com- 
mission may,  when  complaint  is  made  of  more  than  one 
rate  or  charge,  order  separate  hearings  thereon,  and  may 
consider  and  determine  the  several  matters  complained  of 
separately,  and  at  such  times  as  it  may  prescribe.  No  com- 
plaint shajl  at  any  time  be  dismissed  because  of  the  absence 
of  direct  damage  to  the  complainant. 

Commission  may  investigate  on  its  own  motion. 
b.  Whenever  the  commission  shall  believe  that  any  rate 
or  charge  may  be  unreasonable  or  unjustly  discriminatory, 
or  that  any  service  is  inadequate,  and  that  an  Investigation 
relating  thereto  should  be  made,  it  may  on  its  own  motion 
investigate  the  same.     If  after  making  such  investigation 


the  commission  becomes  satisfied  that  sufficient  grounds 
exist  to  warrant  a  hearing  being  ordered  to  determine 
whether  the  rate  so  investigated  is  unreasonable  or  un- 
justly discriminatory,  or  whether  the  service  investigated  is 
Inadequate,  it  shall  furnish  the  railroad  or  railroads  inter- 
ested a  statement  setting  forth  the  rate  or  service  investi- 
gated, which  said  statement  shall  be  accompanied  by  a 
notice  fixing  a  time  and  place  for  hearing  on  such  rate  or 
service,  as  the  case  may  be.  Notice  may  likewise  be  given 
to  other  parties  In  interest,  and  shall  be  given  at  least  10 
days  in  advance  of  any  hearing,  and  hereafter  proceedings 
shall  be  had  and  conducted  in  reference  to  the  matter  in- 
vestigated in  like  manner  as  though  complaint  was  filed 
with  the  commission  relative  to  the  matter  investigated, 
pursuant  to  the  provisions  of  §  12  of  chapter  362  of  the 
laws  of  1905,  and  the  same  order  or  orders  may  be  made  in 
reference  thereto  as  if  such  Investigation  had  been  made 
on  complaint. 

Ch.  362,  1905;  ch.  313,  spec,  session  1905. 

Any  railroad  may  make  complaint,  c.  This  section' 
shall  be  construed  to  permit  any  railroad  to  make 
complaint  with  like  effect  as  though  made  by  any  per- 
son, firm,  corporation  or  association,  mercantile,  agri- 
cultural or  manufacturing  society,  body  politic  or  munic- 
ipal organization. 

Grade  crossings,    d.    Whenever  a  complaint  is  lodged 
■with    the    railroad    commission    by    the    common    council 
of  any  city,  the  village  board  of  any  village,  a  member 
of    a    town    board,    or    an    overseer    of    highways,    or    by 
five    or    more    freeholders    and    taxpayers    in    any    town 
to   the   effect   that   a   public   highway   and   railroad   crosi 
one    another   in    such    city,   village   or   town   at  the  sami 
level,   and    that   such   grade   crossing  is   unsafe   and   dai 
tcerous  to  travelers  over  such  highway  or  railroad,  it  shi 
be   the   duty   of   said   commission   to   give  notice   to  thi 
railroad   company   in   interest  of   the   filing  of   such   co 
plaint,  and  to  furnish  a  copy  of  the  same  to  the  railroa( 
company,  and  to  order  a  hearing  thereon  in  the  mannei 
provided    for    hearnigs    In    §  12    of    chapter    362    of    thi 
laws   of   1905.     If   upon   such   hearing   it   shall   appear 
the  satisfaction  of  the  commission  that  the  crossing  co 
plained   of  is  unsafe  and  dangerous  to  human  life,  saii 
commission   may   order  and   direct   the   railway   compan; 
to    erect   gates'  at   said   crossing   and    place   an   agent  ii 
charge  to  open  and  close  the  same  when  an  engine  oi 
train  passes,  or  that  a  flagman  be  stationed  at  such  crosi 
ing  who  shall  display  a  flag  when  an  engine  or  train  li 
about  to  pass,  or  that  such  crossing  shall  be  provided  wltl 
an   electric   signal,   or  other  suitable   device,  as   the   co 
mission    determines    the    better    security    of    human    lifi 
and    the    public   travel   requires;    and   such   railroad   co 
pany  shall  comply  with  the  terms  of  such  order. 

Ch.  362,  1905;    ch.  13,  spec,  session  1905. 

Railroad  highway  crossings.    §  1797 — 12e.    1.    Whenevei 
a  petition  is  lodged  with  the  commission  by  the  commo; 
council  of  any  city,  the  village  board  of  any  village,  the 
town  board  of  any  town,  within  or  bordering  upon  which 
a  highway  or  street  crosses,  or  is  crossed  by  a  railroad. 
or  within  or  bordering  upon  which  a  highway  or  stre 
IS   proposed   to   be   laid   out   across    a   railroad,   or   whe 
ever  such  petition  is  so  lodged  by  any  railroad  compa; 
v/hose   track   crosses  or  is   about  to  cross,  or  is  crossei 
or   about   to   be   crossed  by   a   street  or  highway,   to   th 
effect    that   public   safety   requires    au   alteration   in   sue! 
crossing,  its  approaches,  the  method  of  crossing,  the  loci 
tion   of   the   highway  or   crossing,   the   closing  of   a   higl 
way   crossing,    and    the    substitution   of   another   therefor, 
not   at    a    grade,    or   the   removal   of   obstructions    to   the 
view  at  such  crossing,  or  requires  the  determination  ol 
the  mode  and  manner  of  making  such  new  crossing,  an 
praying   that   the   same   may   be   ordered,   it   shall  be  th 
duty  of  the  commission  to  give  notice  to  the  proper  part; 
Or    parties    in   Interest   other   than   the   petitioner,   of   th( 
filing  of  such  petition,  and  to  proceed  to  investigate  tb 
same   and    to    order   a   hearing   thereon   in   the   manm 
provided    for    hearings    in    §  1797 — 12,    and    after    sucl 
l-.earing   the   commission   shall   determine  what   alteratlo: 
in   such   crossing,   approaches,   mode  of  crossing,  locatioi 
of    highway    crossing,    closing   of    highway    crossing,    an* 
the    substitution   of    another    therefor   not    at    grade,    oi 
removal  of  obstructions  to  sight  at  crossing,  if  any,  sh 
be  made,  and  by  whom  made,  and  in  case  of  new  cros 
ings  the  mode  and  manmer  of  making  them. 


Public  Service  Laws 


1437 


Commission  may  apportion  cost.  2.  The  commission 
shall  fix  the  proportion  of  the  cost  and  expense  of  such 
alteration,  removals,  and  new  crossings,  including  the 
c'amages  to  any  person  whose  land  is  taken,  and  the 
special  damages  which  the  owner  of  any  land  adjoining 
the  public  street  or  highway  shall  sustain  by  reason  of 
such  change  in  the  grade  of  such  street  or  highway,  or 
by  reason  of  the  removal  of  obstructions  to  view  at  such 
crossings,  to  be  paid  by  the  railroad  company  or  com- 
panies, and  the  municipality  or  municipalities  in  Interest, 
...  In  fixing  such  proportion  the  commission  may 
order  the  amount  of  such  cost  and  expense  and  damages 
60  apportioned  to  be  paid  by  the  parties  against  which 
the   apportionment  shall   be  made. 

Ch.  540,  1909;    ch.  191,  1911. 

Commission  may  order  alterations,  f.  The  commission 
ifay,  in  the  absence  of  any  petition  therefor,  when  in 
their  opinion  public  safety  requires  an  alteration  in  any 
street  or  highway  crossed  at  grade  by  any  railroad,  or 
railroad  belonging  to  or  operated  by  more  than  one 
company,  after  notice  and  hearing  as  provided  in 
§1797 — 12,  order  such  alterations  in  such  street  or  high- 
way or  railroad  as  they  shall  deem  best  and  shall  deter- 
mine and  direct  by  whom,  and  within  what  time,  such 
alteration  shall  be  made,  and  the  expense  of  such  altera- 
tion shall  be  apportioned  and  paid  as  provided  in  the 
jireceding  section.  Railroad  companies  may  take  land 
for  the  purpose  of  this  section  and  the  preceding  section 
in  the  manner  provided  by  law  for  the  taking  of  land  by 
railroad    companies. 

Ch.    540,    1909. 

Procedure  when  highway  crossed  l)y  several  railroads, 
g.  When  the  commission  upon  a  petition  brought  under 
the  provisions  of  §  1797 — 12e,  or  proceedings  instituted 
under  the  provisions  of  §  1797 — 12f,  shall  find  that  any 
street  or  highway  crosses  or  Is  crossed  by  the 
tracks  of  more  than  one  railroad,  and  the  tracks  of 
such  railroads  are  so  near  together  that  public  con- 
venience requires  the  work  of  separating  the  grades  to 
bo  done  under  and  in  compliance  with  one  order,  they 
shall  give  notice  of  such  proceedings  to  all  the  com- 
p.anies  operating  such  railroads;  and  after  such  notice 
and  hearing  the  commission  shall  determine  what  altera- 
tions shall  be  made,  if  any,  so  as  to  separate  the  grades 
cf  all  such  crossings  at  the  same  time,  and  shall  deter- 
mine by  whom  such  work  shall  be  done,  and  they  shall 
apportion  the  expense  as  provided  in  §  1797 — 12e. 

Ch.    540,    1909. 

Railroads  crossing  each  other  at  grade,  h.  Whenever 
&  petition  is  lodged  with  the  commission  by  the  common 
council  of  any  city,  the  village  board  of  any  village,  or 
the  town  board  of  any  town  within  which  a  railroad 
track  crosses  another  railroad  track  at  grade,  or  when- 
ever such  petition  is  so  lodged  by  any  railroad  company 
vhose  track  crosses  or  is  crossed  at  grade  by  the  track 
of  another  railroad  company,  to  the  effect  that  public 
safety  requires  an  alteration  in  such  grade  crossing,  or 
the  installation,  operation,  and  maintenance  of  some 
suitable  protective  appliance  at  such  grade  crossing,  it 
shall  be  the  duty  of  the  commission  to  give  notice  to 
the  proper  party  or  parties  in  interest  other  than  the 
petitioner  of  the  filing  of  such  petition,  and  to  proceed 
to  investigate  the  same  and  to  order  a  hearing  thereon 
in  the  manner  provided  for  hearings  in  §  1797 — 12,  and 
after  such  hearing  the  commission  shall  determine  what 
alteration  in  such  crossing  or  mode  of  crossing,  if  any, 
shall  be  made,  and  by  whom  made  and  maintained,  or 
what  suitable  protective  appliance  shall  be  installed,  oper- 
ated and  maintained  at  such  crossing  and  by  whom  in- 
stalled, operated  and  maintained.  The  commission  shall 
fix  the  proportion  of  the  cost  and  expense  of  such  change  in 
grade  and  the  maintenance  of  the  crossing  or  of  the  instal- 
lation, operation  and  maintenance  of  such  safety  appliance 
which  shall  be  paid  by  the  railroad  companies,  respectively. 

Oh.    540,    1909. 

Commission  may  act  upon  its  own  motion.  I.  The 
commission  may,  in  the  absence  of  any  petition  tiierefor, 
Tvhen  in  their  opinion  public  safety  requires  an  alteration 
m  an  existing  grade  crossing  of  a  railroad  track  by  a 
railroad  track  belonging  to  or  operated  by  any  railroad 
or  railroads,  or  requires  the  installation,  operation,  and 
maintenance  of  some  suitable  protective  appliance  at 
such    grade   crossing,    after    notice    and    hearing   as    pro- 


vided in  §  1797 — 12,  order  such  change  in  such 
-  crossing,  or  the  installation,  operation,  and  maintenance 
of  such  suitable  protective  appliance  at  such  grade 
crossing  as  they  shall  deem  best,  and  shall  determine 
and  direct  by  whom  and  within  what  time  such  altera- 
tion shall  be  made  or  such  safety  appliance  shall  be  in- 
stalled and  the  cost  and  expense  of  such  change  in  such 
crossing  and  of  maintaining  the  crossing,  or  of  the  instal- 
lation, operation,  and  maintenance  of  such  safety  appli- 
ance shall  be  apportioned  and  paid  as  provided  in  the 
1  receding  section. 
Ch.  540,  1909. 

Drawbridges  and  other  fouling  points.  J.  The  provi- 
sions of  §  1797— 12h  and  1797—121  shall  apply  to  all  swing 
or  draw  bridges,  junctions  and  other  fouling  points  on  all 
railroads. 

Ch.   540,   1909. 

Repeal.  All  Acts  or  parts  of  Acts  conflicting  with 
the  provisions  of  this  Act  or  with  §  1792 — 12d,  or  with  the 
exclusive  exercise  of  the  jurisdiction  herein  and  hereby 
conferred,  or  conferred  by  §  1797 — 12d,  are  hereby  repealed. 

Unsafe  or  dangerous  bridges.  §  1797 — 12k.  Whenever  a 
complaint  is  lodged  with  the  railroad  commission  by  the 
common  council  of  any  city,  the  village  board  of  any 
village,  a  member  of  a  town  board,  or  a  superviser  of 
highways,  or  by  five  or  more  freeholders  and  taxpayers 
in  any  town,  or  five  or  more  freeholders  of  the  county 
in  which  such  bridge  is  located,  and  who  are  users 
of  such  bridge  or  railway,  to  the  effect  that  a  bridge 
erected  over  a  stream  intersecting  a  public  highway 
or  highways  upon  which  a  railway  is  constructed  and 
operated,  is  unsafe  and  dangerous  to  travelers  over 
such  highway  or  highways  or  bridge  or  railroad,  and  that 
public  safety  requires  the  alteration,  the  repair  or  recon- 
struction of  such  bridge,  or  the  substitution  of  an- 
other bridge  therefor,  it  shall  be  the  duty  of  the  said 
commission  to  give  notice  to  the  party  or  parties  in 
interest,  other  than  the  petitioners,  of  the  filing  of 
such  complaint,  and  to  furnish  a  copy  of  the  same  to 
the  party  or  parties  in  interest  other  than  the  petitioners, 
iind  to  order  a  hearing  thereon,  in  the  manner  provided 
for  hearings  in  §  1797 — 12,  and  after  such  hearing 
the  commission  shall  determine  what  alteration  or  re- 
pair or  reconstruction  of  such  bridge,  and  the  approaches 
thereto,  shall  be  made,  or  if  it  shall  determine  that 
public  safety  requires  the  substitution  of  a  new  bridge, 
it  shall  determine  the  character,  manner  of  construc- 
tion and  location  of  such  bridge  and  the  approaches 
thereto.  The  commission  shall  fix  the  proportion  of 
the  cost  and  expense  of  such  alteration,  repair,  recon- 
struction or  substitution  of  a  new  bridge,  including  the 
damage  to  any  person  whose  land  is  taken,  and  the 
special  damage  which  the  owner  of  any  land  adjoining 
the  approaches  to  said  bridge  shall  sustain  by  reason  of 
such  alteration,  repair,  reconstruction  or  substitution 
of  a  new  bridge,  to  be  paid  by  the  railroad  company 
and  the  city,  village  or  town  in  interest.  The  commis- 
sion may,  in  the  absence  of  any  petition  therefor,  when 
in  their  opinion  public  safety  requires  the  alteration, 
repair  or  reconstruction  of  any  such  bridge  or  the  sub- 
stitution of  another  bridge  therefor,  after  notice  and 
hearing,  as  provided  In  §  1796 — 12,  proceed  in  like  manner 
as  upon  a  complaint  duly  filed. 
Ch.  590,  1911. 

Complaint;  procedure.  §  1797 — 12n.  In  case  of  a  fail- 
ure or  refusal  of  any  railroad  to  comply  with  any  of  the 
provisions  of  this  Act,  the  person  or  persons,  firm, 
C'jrporation  or  association  aggrieved  thereby  may  file 
;i  complaint  with  the  railroad  commission  setting  forth 
(he  facts,  and  the  said  commission  shall  investigate 
and  determine  the  matter  in  controversy,  in  accordance 
with  the  provisions  of  chapter  362  of  the  laws  of  1905, 
and  of  this  Act,  and  any  order  it  shall  make  in  said 
proceeding  shall  have  the  same  force  and  effect  as  an 
order  in  any  other  proceeding  properly  begun  under 
and  by  virtue  of  the  provisions  of  said  chapter  362 
of  the  laws  of  1905. 
Ch.   352,   1907. 

Witnesses,  depositions,  etc.  §  1797 — 13.  Each  of  the 
commissioners,  for  the  purposes  mentioned  in  this  Act, 
shall  have  power  to  administer  oaths,  certify  to  official 
acts,    issue    subpoenas,    compel    the    attendance    of    wit- 


1438 


National  Association  of  Railway  Commissioners 


neBses,  and  the  production  of  papers,  waybills,  books, 
accounts,  documents  and  testimony.  In  case  of  dis- 
obedience on  the  part  of  any  person  or  persons  to 
comply  with  any  order  of  the  commission  or  any  com- 
missioner or  any  subpoena,  or  on  the  refusal  of  any 
witness  to  testify  to  any  matter  regarding  which  he 
may  be  lawfully  interrogated,  it  shall  be  the  duty  of 
the  Circuit  Court  of  any  county,  or  the  judge  thereof, 
on  application  of  a  commissioner,  to  compel  obedience 
by  attachment  proceedings  for  contempt,  as  in  the  case 
of  disobedience  of  the  requirements  of  a  subpoena  issued 
from   such   court,  or  a   refusal   to  testify  therein. 

B'ees  and  mileage,  a.  Each  witness  who  shall  appear 
before  the  commission  by  its  order  shall  receive  for  his 
attendance  the  fees  and  mileage  now  provided  for  wit- 
nesses in  civil  cases  in  courts  of  record,  which  shall 
be  audited  and  paid  by  the  State  in  the  same  manner 
as  other  expenses  are  audited  and  paid,  upon  the  presen 
tation  of  proper  vouchers  sworn  to  by  such  witnesses 
and  approved  by  the  chairman  of  the  commission;  pro- 
vided, that  no  witness  subpoenaed  at  the  instance  of 
parties  other  than  the  commission  shall  be  entitled  to 
compensation  from  the  State  for  attendance  or  travel 
unless  the  commission  shall  certify  that  his  testimony 
was   material   to   the   matter  investigated. 

Depositions,  b.  The  commission  or  any  party  may  In 
ar,y  investigation  cause  the  depositions  of  witnesses 
residing  within  or  without  the  State  to  be  taken  jn  the 
manner  prescribed  by  law  for  like  depositions  in  civil 
actions   in   Circuit   Courts. 

Record — Transcript  of  stenographer's  notes  as  evidence. 
(.  A  full  and  complete  record  shall  be  kept  of  all  pro- 
ceedings had  before  the  commission  on  any  investigation 
had  under  §  12  of  this  Act,  and  all  testimony  shall  be 
taken  down  by  the  stenographer  appointed  by  the  com- 
mission. Whenever  any  complaint  is  served  upon  the 
commission  under  the  provisions  of  §  16  of  this  Act 
the  commission  shall  before  said  action  is  reached  for 
trial,  cause  a  certified  transcript  of  all  proceedings  had 
and  testim.ony  taken  upon  such  investigation  to  be 
filed  with  the  clerk  of  the  Circuit  Court  of  the  county 
where  the  action  is  pending.  A  transcribed  copy  of 
the  evidence  and-  proceedings,  or  an.v  specific  part 
thereof,  on  any  investigation  taken  by  the  stenographer 
iippointed  by  the  commission,  being  certified  by  such 
stenographer  to  be  a  true  and  correct  transcript  in  long 
hand  of  all  the  testimony  on  the  investigation,  or  of  a 
particular  witness,  or  of  other  specific  part  thereof,  care- 
fully compared  by  him  with  his  original  notes,  and  to 
be  a  correct  statement  of  the  evidence  and  proceedings 
had  on  such  investigation  so  purporting  to  be  taken 
and  transcribed,  shall  be  received  in  evidence  with  the 
fame  effect  as  if  such  reporter  were  present  and  testi- 
fied to  the  facts  so  certified.  A  copy  of  such  transcript 
f;hall  be  furnished  on  demand,  free  of  cost,  to  any  party 
to  such  investigation. 
Ch.    362,    1905. 

Commission  to  fix  rates  and  regulations;  procedure. 
§  1797 — 14.  Whenever,  upon  an  investigation  made  under 
the  provisions  of  this  Act,  the  commission  shall  find  any 
existing  rate  or  rates,  fares,  charges  or  classifications,  or 
any  joint  rate  or  rates,  or  any  regulation  or  practice 
whatsoever  affecting  the  transportation  of  persons  or 
property,  of  any  service  in  connection  therewith,  are 
unreasonable  or  unjustly  discriminatory,  or  any  service 
is  inadequate,  it  shall  determine  and  by  order  fix  a  rea- 
sonable rate,  fare,  charge,  classification  or  joint  rate 
to  be  imposed,  observed  and  followed  in  the  future  In 
lieu  of  that  found  to  be  unreasonable  or  unjustly  dis- 
criminatory, and  it  shall  determine  and  by  order  fix  a 
reasonable  regulation,  practice  or  service  to  be  imposed, 
observed  and  followed  in  the  future,  in  lieu  of  that 
found  to  be  unreasonable  or  unjustly  discriminatory, 
or  inadequate,  as  the  case  may  be,  and  it  shall  cause  a 
certified  copy  of  each  such  order  to  be  delivered  to  an 
officer  or  station  agent  of  the  railroad  affected  thereby, 
which  order  shall  of  its  own  force  take  eltect  and  be- 
come operative  20  days  after  the  service  thereof. 
Ch.   362,  1905. 

Commission  may  give  further  time.  a.  Where  the  order 
made  relates  to  service,  and  the  same  cannot,  in  the  judg- 
ment of  the  commission,  &e  complied  with  within  20 
days  the  commission  m.ay  prescribe  such  additional  time 


as  in  its  judgment  is  reasonably  necessary  to  comply  with 
the  order  and  may  on  application  and  for  good  cause  shoicu 
extend  the  time  for  compliance  fixed  in  its  order. 
Ch.    582,    1907. 

Schedules  must  conform  to  commission's  order,  b.  All 
lailroads  to  which  the  order  applies  shall  make  such 
changes  in  their  schedule  on  file  as  may  be  necessary 
to  make  the  same  conform  to  said  order,  and  no 
change  shall  thereafter  be  made  by  any  railroad  in  any 
pach  rates,  fares  or  charges,  or  in  any  joint  rate  or  rates, 
without   the   approval  of  the   commission. 

Copies  of  orders  as  notice,  c.  Certified  copies  of  all 
other  orders  of  the  commission  shall  be  delivered  to  th<.> 
railroads  affected  thereby  in  like  manner,  and  the  sann^ 
shall  take  effect  within  such  time  thereafter  as  the  com- 
mission  shall   prescribe. 

Commission  may  change  any  order,  d.  The  commission 
may  at  any  time,  upon  a  notice  to  the  railroad,  and  after 
opportunity  to  be  heard  as  provided  in  §  12,  rescind, 
alter  or  amend  any  order  fixing  any  rate  or  rates, 
fares,  charges  or  classification,  or  any  order  made  by  the 
commission,  and  certified  copies  of  the  same  shall  be 
served  and  take  effect  as  herein  provided  for  origina 
orders. 

Commission  may  apportion  joint  rates,  e.  Whenever 
the  rate  ordered  substituted  by  the  commission  shall  b« 
a  joint  rate  or  charge  and  the  railroads  party  thereto 
shall  fail  to  agree  upon  the  apportionment  thereol 
v.ithin  20  days  after  the  service  of  such  order,  the  com 
mission  may,  after  a  like  hearing,  issue  a  supplemental 
order  declaring  the  apportionment  of  such  joint  rate  oi 
charge  and  the  same  shall  take  effect  of  its  own  fori 
as  part  of  the  original  order. 

Ch.  3G2.  1905. 
Commission  may  fix  and  apportion  joint  rates,  f.  Wh< 
ever  the  railroad  shall  refuse  or  neglect  to  establish' 
joint  rate  or  rates  for  the  transportation  of  persons 
or  property,  the  commission  may,  upon  notice  to  the 
railroads  and  after  opportunity  to  be  heard  as  in  §  12 
of  this  Act  provided,  fix  and  establish  such  joint  rate 
or  rates  and  if  the  railroads  party  thereto  shall  fail  to 
agree  upon  the  apportionment  thereof  within  20  days 
after  service  of  such  order,  the  commission  may,  upon 
a  like  hearing,  issue  a  supplemental  order  declaring  the 
apportionment  of  such  joint  rate  or  rates  and  the  same 
shall  take  effect  of  its  own  force  as  part  of  the  original 
order. 

Ch.   17,  spec,   session  1905. 


01 

II 


]i 


r  or 

II 


Transfers  of  street  or  interurhan  railway,  g.  Wheneve 
upon  an  investigation  made  under  the  provisions  of  this 
Act,  the  commission  shall  find  any  regulation  or  prac- 
tice with  respect  to  the  issuing  of  transfers  by  any 
street  or  interurhan  railway  company  to  be  unreasonable, 
it  shall  delermfne  and  by  order  fix  a  reasonable  regula- 
tion to  be  observed  and  followed  in  the  future,  in  lieu 
of  the  regulation  found  to  be  unreasonable.  A  certified 
copy  of  such  order  shall  be  delivered  to  an  officer  or 
ai?ent  of  the  street  or  interurhan  railway  compa 
rffected  thereby. 

Ch.    348,    1909. 

Orders  reasonable.  §  1797 — 15.  All  rates,  fares,  charg  _ 
classifications  and  joint  rates  fixed  by  the  commission 
shall  be  >n  force  and  shall  be  prima  facie  lawful,  and  all 
regulations,  practices  and  service  prescribed  by  the  com- 
mission shall  be  in  force  and  shall  be  prima  facie  rea- 
sonable, until  finally  found  otherwise  in  an  action  brought 
for  that  purpose  pursuant  to  the  provisions  of  §  16  of 
this   Act.  ^_ 

Ch.   362,   1905.  Mi 

Complaints  and  actions  against  substituted  ratflil 
§  1797 — 16.  Any  railroad  or  other  party  in  interest  being 
dissatisfied  with  any  order  of  the  commission  fixing  any 
rate  or  rates,  fares,  charges,  classifications,  joint  rate  or 
rates,  or  any  order  fixing  any  regulations,  practices  or 
service,  may  commence  an  action  in  the  Circuit  Court 
against  the  commission  as  defendant  to  vacate  and  set 
aside  any  such  order  on  the  ground  that  the  rate 
or  rates,  fares,  charges,  classifications,  joint  rate  or 
rates,  fixed  in  such  order,  is  unlawful,  or  that  any 
such  regulation,  practice  or  service,  fixed  in  such 
order  is  unreasonable,  in  which  action  the  com- 
plaint   shall    be    served    with    the    summons.      The    com- 


Public  Service  Laws 


1430 


mission  shall  serve  and  file  its  answer  to  said 
complaint  within  10  days  after  the  service  thereof, 
v.hereupon  said  action  shall  be  at  issue  and  stand  ready 
for  trial  upon  10  days'  notice  by  either  party.  All 
actions  brought  under  this  section  shall  have  precedence 
over  any  civil  cause  of  a  different  nature  pending  in 
said  court,  and  the  Circuit  Court  shall  always  be  deemed 
open  for  the  trial  thereof  and  the  same  shall  be  tried 
and  determined  as  other  civil  actions. 

No  injunction  without  notice  and  hearing,  a.  No  In- 
junction shall  issue  suspending  or  staying  any  order  of 
the  commission  except  upon  application  to  the  Circuit 
Court  or  presiding  judge  thereof,  notice  to  the  commis- 
sion, and  hearing. 

Procedure  upon  hearing — New  evidence,  b.  If,  upon 
the  trial  of  such  action,  evidence  shall  be  introduced 
by  the  plaintiff  which  is  found  by  the  court  to  be  differ- 
ent from  that  offered  upon  the  hearing  before  the 
commission,  or  additional  thereto,  the  court  before  pro- 
ceeding to  render  judgment,  unless  the  parties  to  such 
notion  stipulate  in  writing  to  the  contrary,  shall  trans- 
mit a  copy  of  such  evidence  to  the  commission,  and 
shall  stay  further  proceedings  in  said  action  for  15 
days  from  the  date  of  such  transmission.  Upon  the 
receipt  of  such  evidence  the  commission  shall  consider 
the  same,  and  may  alter,  modify,  amend  or  rescind  its 
order  relating  to  such  rate  or  rates,  fares,  charges, 
classification,  joint  rate  or  rates,  regulation,  practice  or 
service  complained  of  in  said  action,  and  shall  report 
:(s  action  thereon  to  said  court  with  10  days  from  the 
leceipt   of   such   evidence. 

Procedure  if  order  amended,  c.  If  the  commission  shall 
rescind  its  order  complained  of,  the  action  shall  be 
aismissed;  if  it  shall  alter,  modify  or  amend  the  same, 
inch  altered,  modified  or  amended  order  shall  take  the 
place  of  the  original  order  complained  of,  and  judg- 
ment shall  be  rendered  thereon,  as  though  made  by  the 
commission  in  -the  first  instance.  If  the  original  order 
shall  not  be  rescinded  or  changed  by  the  commission, 
judgment   shall   be   rendered   upon    such   original   order. 

Appeal  to  Supreme  Court,  d.  Either  party  to  said 
action,  within  60  days  after  service  of  a  copy  of  the  order 
or  judgment  of  the  Circuit  Court,  may  appeal  to  the  Su- 
preme Court.  Where  an  appeal  is  taken  the  cause 
shall,  on  the  return  of  the  papers  to  the  Supreme 
Court,  be  'immediately  placed  on  the  State  calendar  of 
the  then  pending  term,  and  shall  be  signed  and  brought 
to  a  hearing  in  the  same  manner  as  other  causes  on  the 
State   calendar. 

Ch.   362,    1905. 

Dane  County  Circuit  Court  given  jurisdiction— Burden 
of  proof,  e.  In  all  trials  under  this  section  the  burden  of 
proof  shall  be  upon  the  plaintiff  to  show  by  clear  and 
satisfactory  evidence  that  the  order  of  the  commission 
complained  of  is  unlawful,  or  unreasonable,  as  the  case 
may  be,  and  all  actions  brought  under  the  provisions  of 
the  foregoing  section  shall  be  commenced  in  the  Cir- 
cuit  Court   of   Dane    County. 

Ch.   362,   1905;    ch.  582,   1907. 

Rules  of  evidence  and  practice.  §  1797 — 17.  In  all 
actions  and  proceedings  in  court  arising  from  this  Act  all 
processes  shall  be  served,  and  the  practice  and  rules 
of  evidence  shall  be  the  same  as  in  civil  actions,  except 
nr  otherwise  herein  provided.  Every  sheriff  or  other 
officer  empowered  to  execute  civil  processes  shall  exe- 
cute any  process  issued  under  the  provisions  of  this 
Act,  and  shall  receive  such  compensation  therefor  as 
Kiay  be  prescribed  by  law  for  similar  services. 

Immunity  of  witness,  a.  No  person  shall  be  excused 
from  testifying  or  from  producing  books  and  papers  in 
any  proceedings  based  upon  or  growing  out  of  any 
violation  of  the  provisions  of  this  Act  on  the  ground  or 
for  the  reason  that  the  testimony  or  evidence,  document- 
ary or  otherwise,  required  of  him  may  tend  to  incrim- 
inate him  or  subject  him  to  penalty  or  forfeiture,  but 
no  person  having  so  testified  shall  be  prosecuted  or 
subjected  to  any  penalty  or  forfeiture  for,  or  on  account 
of,  any  transaction,  matter  or  thing  concerning  which 
he  may  have  testified  or  produced  any  documentary  evi- 
dence; provided,  that  no  person  so  testifying  shall  be 
exempted  from  prosecution  or  punishment  for  perjury 
in  so  testifying. 


Certified  copy  of  order  evidence,  b.  Upon  application 
of  any  person  the  commission  shall  furnish  certified 
copies,  under  the  seal  of  the  commission,  of  any  order 
made  by  it,  which  shall  be  prima  facie  evidence  of  the 
facts  stated  herein. 
Ch.   362,    1905. 

Inquiry,  etc..  'by  comn\ission  as  to  railroad  management. 
I  1797 — 18.  The  commission  shall  have  authority  to 
inquire  into  the  management  of  the  business  of  all  rail- 
roads, and  shall  keep  itself  informed  as  to  the  manner 
and  method  in  which  the  same  is  conducted,  and  shall 
have  the  right  to  obtain  from  any  railroad  all  necessary 
information  to  enable  the  commission  to  perform  the 
duties  and  carry  out  the  object  for  which  it  was  created. 

Blanks  like  those  of  I.  C.  C.  furnished,  a.  The  com- 
mission shall  cause  to  be  prepared  suitable  blanks  for 
the  purposes  designated  in  this  Act,  which  shall  conform  as 
nearly  as  practicable  to  the  forms  prescribed  by  the 
I.nterstate  Commerce  Commission,  and  shall,  when  nec- 
essary, furnish  such  blanks  to  each  railroad.  Any  rail- 
load  receiving  from  the  commission  any  such  blanks, 
shall  cause  the  same  to  be  properly  filled  out  so  as  to 
answer  fully  and  correctly  each  question  therein  pro- 
pounded, and  in  case  it  is  unable  to  answer  any  ques- 
tion it  shall  give  a  good  and  sufficient  reason  for  such 
failure;  and  said  answer  shall  be  verified  under  oath 
by  the  proper  ofl^cer  of  said  railroad  and  returned  to 
the  commission  at  its  office  within  the  time  fixed  by 
tlie  commission. 

Commission  given  power  to  inspect  books  and  papers,  b. 
The  commission  or  any  commissioner,  or  any  person  or 
persons  employed  by  the  commission  for  that  purpose, 
shall,  upon  demand,  have  the  right  to  inspect  the  books 
and  papers  of  any  railroad  and  to  examine  under  oath  any 
officer,  agent  or  employe  of  such  railroad  in  relation  to  its. 
business  and  affairs;  provided,  that  any  person  other  than 
one  of  said  commissioners  who  shall  make  such  demand 
shall  produce  his  authority  to  make  such  inspection  under 
the  hand  of  the  commissioner,  or  of  the  secretary,  and 
under  the  seal  of  said  commission. 

May  require  railroad  to  bring  books  into  Wisconsin,  c. 
The  commission  may  require,  by  order  or  subpoena,  to  be 
served  on  any  railroad,  in  the  same  manner  that  a  sum- 
mons is  served  in  a  civil  action  in  the  Circuit  Court,  the 
production  within  this  State,  at  such  time  and  place  as  it 
may  designate,  of  any  books,  papers  or  accounts  kept  by 
said  railroad  in  any  office  or  place  without  the  State  of 
Wisconsin,  or  verified  copies  in  lieu  thereof,  if  the  com- 
mission shall  so  order,  in  order  that  an  examination  thereof 
may  be  made  by  the  commission  or  under  its  direction. 
Any  railroad  failing  or  refusing  to  comply  with  any  such 
order  or  subpoena  shall,  for  each  day  it  shall  so  fail  or 
refuse,  forfeit  and  pay  into  the  State  treasui-y  a  sum  of  not 
less  than  $100  nor  more  than  $1,000. 
Ch.  362,  1905. 

May  prescribe  uniform  system  of  accounting,  d.  The 
railroad  commission  may  in  its  discretion  prescribe  a 
uniform  system  of  rendering  accounts  of  business  trans- 
acted in  Wisconsin  by  all  railroads  within  tlie  meaning  of 
§  2  (including  subdivisions  a  and  b)  of  chapter  862,  laws  of 
1905.  Said  commission  may  also  prescribe  the  manner  in 
which  such  accounts  shall  be  kept,  and  the  time  within 
which  such  railroad  shall  adopt  such  system;  provided,  that 
all  forms  of  accounts  which  may  be  prescribed  by  the  com- 
mission shall  conform  as  nearly  as  practicable  to  similar 
forms  prescribed  by  Federal  authority.  Any  railroad  within 
the  meaning  of  §  2  (including  subdivisions  a  and  b)  of 
chapter  362  of  the  laws  of  1905,  failing  to  comply  with  the 
provisions  of  this  Act,  shall  be  liable  to  the  penalty  pro- 
vided for  in  §  27  of  chapter  362  of  the  laws  of  1905. 
Ch.  13,  spec,  session  1905. 

Corporations  must  furnish  lists  of  stockholders,  e. 
Every  corporation,  foreign  or  domestic,  authorized  to  trans- 
act business  in  Wisconsin,  shall,  on  request  of  the  railroad 
commission,  furnish  a  complete  list  of  its  stockholders  and 
a  statement  of  the  amount  of  stock  held  in  the  corporation 
by  each  such  stockholder,  duly  verified  by  the  president  or 
secretary  of  such  corporation.  Any  corporation  refusing 
or  neglecting  to  furnish  such  list  of  stockholders  for  a 
period  of  20  days  after  request  therefor  is  made  in  writing 
shall  be  liable  to  the  penalties  provided  for  in  §  27  of  chap- 
ter 362,  laws  of  1905. 
Ch.  582,  1907. 


1440 


National  Association  of  Railway  Commissionees 


Contracts  of  railroads  must  be  filed.  §  1797 — 19.  Every 
railroad  whenever  required  by  the  commission  shall,  within 
a  time  to  be  fixed  by  the  commission,  deliver  to  the  com- 
mission for  its  use  copies  of  all  contracts  which  relate  to 
the  transportation  of  persons  or  property,  or  any  service  in 
connection  therewith,  made  or  entered  into  by  it  with 
any  other  railroad  company,  car  company,  equipment  com- 
pany, express  or  other  transportation  company,  or  any 
shipper  or  shippers,  or  other  person  or  persons  doing  busi- 
ness with  it. 

Also  lists  of  tickets  and  passes  issued — Exception,  a. 
Every  railroad  shall,  on  the  first  Monday  in  February  in 
each  year,  and  oftener  if  required  by  the  commission,  file 
with  the  commission  a  verified  list  of  all  railroad  tickets, 
passes  and  mileage  books  issued  free  or  for  other  than 
actual  bona  fide  money  consideration  at  full  established 
rates  during  the  preceding  year,  together  with  the  names  of 
the  recipients  thereof,  the  amounts  received  therefor  and 
the  reasons  for  issuing  the  same.  This  provision  shall  not 
apply  to  the  sale  of  tickets,  at  reduced  rates  open  to  the 
public,  nor  to  tickets,  passes  or  mileage  books  issued  to 
persons  not  residents  of  this  State,  and  the  railroad  com- 
mission, in  its  discretion,  may  exempt  any  carrier  from 
furnishing  a  statement  of  trip  passes  issued  to  persons  reg- 
ularly and  exclusively  in  its  employ,  but  such  carrier  shall 
preserve  a  record  of  all  such  passes  which  shall  be  open  to 
the  inspection  of  the  railroad  commission  for  a  period  of 
two  years  after  the  issuance  thereof. 
Ch.  362,  1905;  ch.  582,  1907. 

Commission  to  ascertain  cost  and  present  value  of 
railroad.  §  1797 — 20.  The  commission  shall  ascertain,  as 
nearly  as  practicable,  the  amount  of  money  expended  in  the 
construction  and  equipment  of  every  railroad,  the  amount 
of  money  expended  to  procure  the  right  of  way,  also  the 
amount  of  money  it  would  require  to  secure  the  right  of 
way,  reconstruct  the  roadbed,  track,  depots  and  other 
facilities  for  transportation,  and  to  replace  all  the  physical 
properties  belonging  to  the  railroad.  It  shall  ascertain  the 
outstanding  bonds,  debentures  and  indebtedness  and  the 
amounts  respectively  thereof,  the  date  when  issued,  to 
whom  issued,  to  whom  sold,  the  price  paid  in  cash,  property 
or  labor  therefor,  what  disposition  was  made  of  the  pro- 
ceeds, by  whom  the  indebtedness  is  held,  so  far  as  ascer- 
tainable, the  amount  purporting  to  be  due  thereon,  the 
floating  Indebtedness  of  the  railroad,  the  credits  due  the 
railroad,  other  property  on  hand  belonging  to  it,  the  judicial 
or  other  sales  of  said  road,  its  property  or  franchises,  and 
the  amounts  purporting  to  have  been  paid  and  in  what 
manner  paid  therefor.  The  commission  shall  also  ascertain 
the  gross  and  net  income  of  the  railroad  from  all  sources  in 
detail;  the  amounts  paid  for  salaries  to  the  officers  of  the 
road,  and  the  wages  paid  to  its  employes  and  the  maximum 
hours  of  continuous  service  required  of  each  class.  When- 
ever the  information  required  by  this  section  is  obtained,  it 
shall  be  printed  in  the  annual  report  of  the  commission.  In 
making  such  investigation  the  commission  may  avail  itself 
of  any  information  in  possession  of  the  State  board  of 
assessment. 

Ch.  362,  1905. 

Commission  to  investigate  interstate  rates.  §  1797 — 21. 
The  commission  shall  have  power,  and  it  is  hereby  made  its 
duty,  to  investigate  all  freight  rates  on  interstate  traffic  on 
railroads  in  this  state,  and  when  the  same  are,  in  the 
opinion  of  the  commission,  excessive  or  discriminatory  or 
are  levied  or  laid  in  violation  of  the  interstate  commerce 
law,  or  in  conflict  with  the  rulings,  orders  or  regulations  of 
the  Interstate  Commerce  Commission,  the  commission  shall 
present  the  facts  to  the  railroad,  with  a  request  to  make 
such  changes  as  the  commission  may  advise,  and  if  such 
changes  are  not  made  within  a  reasonable  time  the  commis- 
sion shall  apply  by  petition  to  the  Interstate  Commerce 
Commission  for  relief.  All  freight  tariffs  issued  by  any  such 
railroad  relating  to  interstate  traffic  in  this  State  shall  be 
filed  in  the  office  of  the  commission  within  30  days  after 
the  passage  and  publication  of  this  Act,  and  all  such  tariffs 
thereafter  issued  shall  be  filed  with  the  commission  when 
issued. 

Ch.  362,  1905. 

Discrimination  prohibited.  §  1797 — 22.  If  any  railroad, 
or  any  agent  or  officer  thereof,  shall  directly  or  indirectly, 
by  any  special  rate,  rebate,  drawback,  or  by  means  of  false 
billing,  false  classification,  false  weighing  or  by  any  other 


ly 

14 


UlS- 

lall     , 

3 


device  whatsoever,  charge,  demand,  collect  or  receive  from 
any  person,  firm  or  corporation  a  greater  or  less  compensa- 
tion for  any  service  rendered  or  to  be  rendered  by  it  for 
the  transportation  of  persons  or  property  or  for  any  serv- 
ice in  connection  therewith,  than  that  prescribed  in  the 
published  tariffs  then  in  force,  or  established  as  provided 
herein,  or  than  it  charges,  demands,  collects  or  receives 
from  any  other  person,  firm  or  corporation  for  a  like  and 
contemporaneous  service,  such  railroad  shall  be  deemed 
guilty  of  unjust  discrimination,  which  is  hereby  prohibited 
and  declared  to  be  unlawful,  and  upon  conviction  thereof 
shall  forfeit  and  pay  into  the  State  treasury  not  less  than 
$100  nor  more  than  $10,000  for  each  offense ;  and  any  agent 
or  officer  so  offending  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  $50  nor  more  than  $100  for  each 
offense. 

Shipper  furnishing  facilities,  a.  It  shall  be  unlawful 
for  any  railroad  to  demand,  charge,  collect  or  receive  from 
any  person,  firm  or  corporation  a  less  compensation  for  the 
transportation  of  property  or  for  any  service  rendered  or 
to  be  rendered  by  said  railroad,  in  consideration  of  said 
person,  firm  or  corporation  furnishing  any  part  of  the 
facilities  incident  thereto;  provided,  nothing  herein  shall  be 
construed  as  prohibiting  any  railroad  from  renting  any 
facilities  incident  to  transportation  and  paying  a  reasonably 
rental  therefor. 

Ch.  362,  1905. 

Unreasonable    preferences    prohibited.      §  1797—23.     If 
any  railroad  shall  make  or  give  any  undue  or  unreasonable 
preference  or  advantage  to  any  particular  person,  firm  or 
corporation,  or  shall  subject  any  particular  person,  firm  or 
corporation  to  any  undue  or  unreasonable  prejudice  or  dis- 
advantage in  any  respect  whatsoever,  such  railroad  shall_ 
be  deemed  guilty  of  unjust  discrimination,  which  is  heret 
prohibited  and  declared  unlawful. 
Ch.  362,  1905. 

Unlawful  to  accept  rebates.  §  1797 — 24.  It  shall  be  un-" 
lawful  for  any  person,  firm  or  corporation  knowingly  to 
accept  or  receive  any  rebate,  concession  or  discrimination 
in  respect  to  transportation  of  any  property  wholly  within 
this  State,  or  for  any  service  in  connection  therewith, 
whereby  any  such  property  shall,  by  any  device  whatso- 
ever, be  transported  at  a  less  rate  than  that  named  in  the 
published  tariffs  in  force  as  provided  herein,  or  whereby 
any  service  or  advantage  is  received  other  than  is  hereby 
specified.  Any  person,  firm  or  corporation  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  $50  nor  more  than  $1,000  for  eactfl  I 
offense.  ^  I 

Ch.  362,  1905. 

Treble  damages.  §  1797 — 25.  If  any  railroad  shall  do 
or  cause  to  be  done  or  permit  to  be  done  any  matter, 
act  or  thing  in  this  Act  prohibited  or  declared  to  be 
unlawful,  or  shall  omit  to  do  any  act,  matter  or  thing 
required  to  be  done  by  it,  such  railroad  shall  be  liable 
to  the  person,  firm  or  corporation  injured  thereby  in 
treble  the  amount  of  damages  sustained  in  consequence 
of  such  violation;  provided,  that  any  recovery  as  in  this 
soction  provided  shall  in  no  manner  affect  a  recovery 
by  the  State  of  the  penalty  prescribed  for  such  violation. 
Ch.   362,   1905. 

Penalty  for  violations  by  officers,  agents  or  employe^ 
§  1797 — 26.  Any  officer,  agent  or  employe  of  any  railroa 
who  shall  fail  or  wilfully  refuse  to  fill  out  and  return  an 
blanks  as  required  by  this  Act,  or  shall  fail  or  refuse  to 
answer  any  questions  therein  propounded,  or  shall 
knowingly  or  wilfully  give  a  false  answer  to  any  sucj 
question,  or  shall  evade  the  answer  to  any  such  questiotf 
where  the  fact  inquired  of  is  within  his  knowledgj 
or  who  shall,  upon  proper  demand,  fail  or  wilfulf 
refuse  to  exhibit  to  the  commission  or  any  commissione 
or  any  person  authorized  to  examine  the  same,  an 
book,  paper  or  account  of  such  railroad,  which  is 
his  possession  or  under  his  control,  shall  be  deeme 
guilty  of  a  misdemeanor,  and  upon  conviction  there^ 
Ehall  be  punished  by  a  fine  of  not  less  than  $100  no 
more  than  $1,000  for  each  offense;  and  a  penaHl_ 
of  not  less  than  $500  nor  more  than  $1,000  shall  be  recov- 
ered from  the  railroad  for  each  such  offense  when  such 
officer,    agent    or    employe    acted    in    obedience    to    the 


ion. 

II 


Public  Service  Laws 


1141 


'iirection,   instruction   or   request  of  sucti  railroad  or  any 
general  officers  thereof. 

Cli.  362,  1905. 
General  penalty  for  violations  by  railroads.  §  1797 — 27. 
It  any  railroad  shall  violate  any  provisions  of  this  Act,  or 
shall  do  any  act  herein  prohibited,  or  shall  fail  or  refuse 
to  perform  any  duty  enjoined  upon  it,  for  which  a  pen- 
alty has  not  been  provided,  or  shall  fail,  neglect  or  refuse 
to  obey  any  lawful  requirement  or  order  made  by  the 
commission,  or  any  judgment  or  decree  made  by  any 
court  upon  its  application,  for  every  such  violation,  fail- 
ure or  refusal,  such  railroad  shall  forfeit  and  pay  Into 
the  State  treasury  a  sum  of  not  less  than  $100  nor  more 
than  $10,000  for  each  offense.  In  construing  and  en- 
forcing the  provisions  of  this  section,  the  act,  omission 
or  failure  of  any  officer,  agent  or  other  person  acting 
tor  or  employed  by  any  railroad,  acting  within  the  scope 
of  his  employment,  shall  in  every  case  be  deemed  to 
be  the   act,  omission  or  failure  of  such  railroad. 

Ch.  362,  1905. 
Emergency  rates.  §  1797 — 28.  The  commission  shall 
have  power,  when  deemed  by  it  necessary  to  prevent  in- 
jury to  the  business  or  interests  of  the  people  or  rail- 
roads of  this  State  in  consequence  of  interstate  rate 
wars,  or  in  case  of  any  other  emergency  to  be  judged 
of  by  the  commission,  to  temporarily  alter,  amend,  or, 
with  the  consent  of  the  railroad  company  concerned, 
suspend  any  existing  passenger  rates,  freiglft  rates, 
schedules  and  orders  on  any  railroad  or  part  of  railroad 
in  this  State.  Such  rates  so  made  by  the  commission 
shall  apply  on  one  or  more  of  the  railroads  in  this  State  or 
any  portion  thereof  as  may  be  directed  by  the  commis- 
sion, and  shall  take  effect  at  such  time  and  remain  in 
force  for  such  length  of  time  as  may  be  prescribed  by 
the  commission. 

Ch.  362,  1905. 

Rates  not  specifically  designated.  §  1797 — 29.  "Whenever, 
after  hearing  and  investigation  as  provided  by  this  Act, 
the  commission'  shall  find  that  any  charge,  regulation 
<  r  practice  affecting  the  transportation  of  passengers 
or  property,  or  any  service  in  connection  therewith, 
not  hereinbefore  specifically  designated,  is  unreasonable 
or  unjustly  discriminatory,  it  shall  have  the  power  to 
regulate  the  same  as  provided  in  §§12  and  14,  of  this 
Act. 

Ch.  362,  1905. 

Accidents.  §  1797—30.  *  *  *  It  shall  he  the  duty 
of  every  railroad  company  to  report  to  the  railroad  com- 
mission all  collisions,  derailments,  or  other  accidents  re- 
sulting in  injury  to  persons,  equipment,  or  roadway  aris- 
ing from  the  operation  of  such  railroad.  The  railroad 
commission  shall  issue  such  rules  concerning  the  reporting 
of  accidents  as  may  be  required,  and  may  also,  if  it  deems 
that  public  interests  require,  cause  an  investigation  of  any 
accident.  The  cost  of  such  investigation  shall  be  certified 
by  the  chairman  of  the  commission,  and  the  same  shall 
be  audited  and  paid  by  the  State  in  the  same  manner  as 
other  expenses  are  audited  and  paid. 
Ch,   362,  1905;    ch,  472,  1911. 

Inquiry  into  violations.  §  179? — SI.  The  commission 
thall  inquire  into  any  neglect  or  violation  of  the  laws 
of  this  State  by  any  railroad  corporation  doing  busi- 
ness therein,  or  by  the  officers,  agents  or  employes 
thereof,  or  by  any  person  operating  a  railroad,  and  shall 
have  the  power,  and  it  shall  be  its  duty,  to  enforce  the 
provisions  of  this  Act  as  well  as  all  other  laws  relating 
to  railroads  and  report  all  violations  thereof  to  the 
attorney-general;  upon  request  of  the  commission  it 
shall  be  the  duty  of  the  attorney-general  or  the  district 
attorney  of  the  proper  county  to  aid  in  any  investigation, 
hearing  or  trial  had  under  the  provisions  of  this  Act,  and 
to  institute  and  prosecute  all  necessary  actions  cr  pro- 
ceedings for  the  enforcement  of  this  Act  and  of  all  other 
laws  of  this  State  relating  to  railroads  and  for  the  pun- 
ishment of  all  violations  thereof.  Any  forfeiture  or  pen- 
alty herein  provided  shall  be  recovered  and  suit  thereon 
shall  be  brought  in  the  name  of  the  State  of  Wisconsin 
in  the  Circuit  Court  for  Dane  County.  The  commission 
shall  have  authority  to  employ  counsel  in  any  proceeding, 
investigation,  hearing  or  trial. 
Ch.   362,   1905. 

Claims  against  roads;  investigations.  §  1797 — 32.  All 
claims    against    any    railroad    for   loss   of,    or   damage    to. 


property,  from  any  cause,  or  for  any  service  not  em- 
braced in  §  1797 — 37m,  if  not  acted  upon  within  90  daya 
trom  the  date  of  the  filing  of  such  claim  with  the  rail- 
road may  be  investigated  by  the  commission,  in  its. 
discretion,  and  the  results  of  such  investigation  shall 
be  embodied  in  a  special  report  which  shall  be  opeik 
to  public  inspection  and  may  be  Included  in  the  next 
annual  report  of  the  commission. 
Ch.    362,    1905;    ch.    129,    1909. 

Technicality  not  to  invalidate.  §  1797 — 33.  A  substan- 
tial compliance  with  the  requirements  of  this  Act  shall 
be  sufficient  to  give  effect  to  all  the  rules,  orders,  acts  and 
regulations  of  the  commission,  and  they  shall  not  be 
declared  inoperative,  illegal  or  void  for  any  omission  of 
a  technical  nature  in  respect  thereto. 
Ch.  362,  1905. 

Rights  of  action  not  waived.  §  1797 — 34.  This  Act  shall 
not  have  the  effect  to  release  or  waive  any  right  of 
action  by  the  State  or  by  any  person  for  any  right, 
penalty  or  forfeiture  which  may  have  arisen  or  which 
may  hereafter  arise  under  any  law  of  this  State;  and 
all  penalties  and  forfeitures  accruing  under  this  Act 
shall  be  cumulative  and  a  suit  for,  and  recovery  of  one, 
shall  not  be  a  bar  to  the  recovery  of  any  other  pen- 
alty. 

Ch.  362,  1905. 
Present  schedules  in  force.  §  1797 — 35.  Until  December 
31,  1905,  unless  the  commission  shall  otherwise  order, 
after  application  and  hearing  as  hereinafter  provided, 
it  shall  be  unlawful  for  any  railroad  within  this  State 
to  demand,  collect  or  receive  a  greater  compensation 
for  the  transportation  of  property  between  points  in  this 
State  than  the  charge  fixed  in  the  lowest  published  sched- 
ule of  rates  for  the  same  service  between  the  same 
roints,  in  force  on  the  first  day  of  April,  1905.  Every 
railroad  in  this  State  shall,  within  30  days  after  the 
passage  and  publication  of  this  Act,  file  in  the  office  of 
the  commission  copies  of  all  schedules  of  rates,  includ- 
ing joint  rates  in  force  on  its  line  or  lines,  between 
points  within  this  State,  on  the  first  day  of  April,  1905, 
and  all  rates  in  force  between  such  points  at  any  time 
subsequent  to  said  date.  Any  railroad  desiring  to 
advance  or  discontinue  any  such  rate  or  rates  may 
make  application  to  the  commission  in  writing,  stating 
the  advance  in  or  discontinuation  of  the  rate  or  rates 
desired,  giving  the  reasons  for  such  advance  or  dis- 
continuation. Upon  receiving  such  application,  the 
commission  shall  fix  a  time  and  place  for  hearing,  and 
give  such  notice  to  interested  parties  as  it  shall  deem 
proper  and  reasonable.  If,  after  such  hearing  and  in- 
vestigation, the  commission  shall  find  that  the  change 
or  discontinuation  applied  for  is  reasonable,  fair  and 
just,  it  shall  grant  the  application  either  in  whole  or  in 
part.  Any  railroad  being  dissatisfied  with  any  order 
of  the  commission  made  under  the  provisions  of  this 
section  may  commence  an  action  against  it  in  the  Cir- 
cuit Court  in  the  manner  provided  in  §  16  of  this  Act. 
which  action  shall  be  tried  and  determined  in  the  same 
manner  as  is  provided  in  said  section 

Ch.  362,  1905. 
Office  of  railroad  commissioner  abolished.  §  1797 — 36. 
AW  powers,  duties  and  privileges  Imposed  and  conferred 
upon  the  railroad  commissioner  of  this  State  under  ex- 
isting laws  are  hereby  Imposed  and  conferred  upon  the 
commission  created  under  the  provisions  of  this  Act;  pro- 
vided, that  the  power  and  duties  conferred  and  imposed 
upon  the  railroad  commissioner  by  chapter  431  of  the 
laws  of  1903,  and  §  §  1795a,  1796  and  1797  of  the  statutes 
of  1898  shall  continue  to  be  exercised  by  him  until  the 
f:rst  Monday  in  January,  1907.  The  present  railroad 
commissioner,  whose  term  commenced  on  the  first  Mon- 
day in  January,  1905,  shall  continue  in  office  until  the 
first  Monday  in  January,  1907,  at  his  present  salary,  on 
■which  date  the  office  is  hereby  abolished. 

Ch.  362,  1905. 
Inconsistent  laws  repealed.  §  1797 — 37.  So  much  of 
§  128  of  the  statutes  of  1898  as  provided  for  the  election 
of  a  railroad  commissioner,  also  §  1793  and  §  1803  of 
said  statutes,  and  all  other  Acts  and  parts  of  Acta 
conflicting  with  the  provisions  of  this  Act  are  hereby 
if»pealed  In  so  far  as  they  are  inconsistent  herewith. 

Ch.   362,   1905. 
Excessive  freight  charges;  refund.    §  1797 — 37m.  Within 


1443 


National  Association  of  Railway  Commissioners 


•  *  ♦  one  year  after  the  delivery  of  any  shipment  of 
liroperty  at  destination,  any  person  aggrieved  may  com- 
p.'aln  to  the  commission  that  the  charge  exacted  for  the 
transportation  of  such  property  between  points  in  Wis- 
consin, or  for  any  service  in  connection  therewith,  or  that 
the  charge  exacted  for  the  storage  of  such  property, 
or  that  any  car  service  or  demurrage  charge  exacted,  is 
erroneous,  illegal,  unusual  or  exorbitant,  and  thereupon 
tne  commission  shall  have  power  to  investigate  such 
complaint,  and  to  hear  the  same,  and  to  decide  upon 
the  merits  thereof,  in  the  manner  provided  by  §  12, 
chapter  362,  laws  of  1905.  If  upon  such  hearing  the 
commission  shall  decide  that  the  rate  or  charge  ex- 
acted is  erroneous,  illegal,  unusual  or  exorbitant,  it 
shall  find  what  in  its  judgment  would  have  been  a 
reasonable  rate  or  charge  for  the  service  complained  of. 
If  the  rate  or  charge  so  found  shall  be  less  than  the 
charge  exacted,  the  carrier  shall  have  the  right  to 
lefund  to  the  person  paying  such  charge,  the  amount 
so  found  to  be  excessive.  In  case  of  the  refusal  of 
the  carrier  to  make  such  refund,  the  party  aggrieved 
thereby  may  maintain  an  action  in  the  courts  of  this 
S^ate  to  recover  the  amount  of  such  excessive  charge 
.as  found  by  said  commission,  and  in  the  trial  thereof 
the  findings  of  the  commission  shall  be  prima  facie 
evidence  of  the  truth  of  the  facts  found  by  it,  anid 
no  carrier  shall  be  permitted  to  avail  itself  of  the 
defense  in  such  action  that  the  shipment  involved  was 
in  fact  made  on  the  published  tariff  rate  in  force  at  the 
time  such  shipment  was  made,  but  no  carrier  making 
a  refund  upon  the  order  of  the  commission  or  pursuant 
to  a  judgment  of  court,  as  herein  provided,  shall  be 
liable  for  any  penalty  or  forfeiture,  or  subject  to  any 
prosecution  under  the  laws  of  this  State,  on  account 
c.f  making  such   refund. 

Ch.  582,  1907;  ch.  136,  1909;  ch.  28,  1911. 
Pul)lication  of  decisions;  annual  report.  §  1797 — 37n. 
Said  railroad  commission  is  hereby  authorized  to  print 
find  publish  for  distribution  in  *  *  *  volumes  of  con- 
venient size,  bound  in  buckram  or  other  substantial  ma- 
terial, its  opinions  and  decisions,  which  shall  be  suitably 
indexed,  for  convenient  reference  to  the  subjects  treated 
therein.  Not  to  exceed  2,500  copies  of  any  volume  shall 
be  so  published.  Said  commission  is  likewise  authorized 
to  print  for  distribution  in  pamphlet  form  a  suitable 
number  of  its  opinions  and  decisions  as  the  same  are 
from  time  to  time  announced.  The  commission  shall, 
on  or  before  the  first  Monday  in  December,  in  each 
J  oar,  make  a  report  to  the  governor  for  the  preceding 
year,  containing  such  information,  suggestions  or  recom- 
mendations as  they  may  deem  proper. 

Ch.   582,   1907;   ch.  229,  1911. 
Appropriation.     %  1797 — 38.     A  sum  suflSclent  to   carry 
out    the    provisions   of    this    Act    is    hereby   appropriated 
out   of   any   money   in    the   State   treasury   not   otherwise 
appropriated. 

Ch.   362,   1905. 

PUBLIC  CONVENIENCE  AND   NECESSITY  LAW. 
§  §  1797—39  to  1797—60. 

Uoad  construction — Certificate  requisite.  §  1797 — 39. 
No  railroad  corporation  hereafter  organized  shall  exercise 
the  powers',  conferred  upon  it  by  the  laws  of  Wisconsin, 
nor  begin  the  construction  of  any  proposed  line  of  rail- 
road in  this  State,  until  it  shall  have  obtained  from  the 
railroad  commission  of  Wisconsin  a  certificate  that 
public  convenience  and  a  necessity  require  the  construc- 
tion of  said  railroad  as  proposed  in  the  articles  of 
association  of  said  railroad  company,  and  such  certifi- 
cate shall  constitute  the  license  from  this  State  to  the 
■company  to  build  its  said  proposed  railroad. 
Ch.  454,  1907. 

Application  for  certificate.  §  1797—40.  Application  for 
the  foregoing  certificate  shall  be  made  within  six  months 
from  and  after  the  publication  of  the  articles  of  asso- 
ciation of  the  company  applying  in  the  manner*  herein- 
a.fter  set  forth. 

Ch.   454,  1907. 

Articles — Publication  preliminary  to  license.  §  1797 — 41. 
Iso  railroad  corporation  shall  make  application  for  such 
certificate  unless  it  shall  have  caused  a  copy  of  its 
articles  of  association  to  be  published  in  one  or  more 
aiewspapers    in    each    county    in    which    the    road    is    pro- 


IK)sed  to  be  located  at  least  once  in  each  week  for 
two  successive  weeks  and  within  six  months  next 
prior  to  the  time  of  making  such  application,  and  shall 
file  satisfactory  proof  thereof  with  the  said  railroad  com- 
mission. 

Ch.  454,  1907. 
Route—Survey.  §  1797 — 42.  Nothing  in  this  Act  shall 
prevent  any  railroad  corporation  from  causing  such 
examination  and  surveys  for  its  proposed  railroad  to  be 
made  as  may  be  necessary  in  order  to  select  the  best 
and  most  advantageous  route,  and  for  that  purpose  to 
enter  upon  the  lands  of  any  owner,  but  subject  to  re- 
i<ponsibility  for  any  damage  that  may  be  done  thereto. 
Ch.  454,  1907. 
Maps  and  profiles  with  application — Changes.  §  1797 — 43. 
Every  application  for  a  certificate  of  convenience  and 
necessity  under  the  provisions  hereof  shall  be  accom- 
panied by  complete  maps  and  profiles  of  the  line 
of  the  proposed  road,  which  maps  and  profiles  shall 
be  filed  with  the  application  by  said  railroad  commission. 
Prior  to  the  granting  or  refusing  of  said  certificate  the 
commission  shall  have  the  right  to  permit  errors,  omis- 
sions or  defects  in  the  application,  maps  and  profiles 
to  be  supplied  or  corrected,  and  also  to  permit  changes 
ii;  the  proposed  route  to  be  made  where  the  same  are 
deemed   desirable. 

Ch.    454,   1907. 
Railroad  extensions — Certificate  and  public  notice  nea 
sary.      §  1797 — 44.      If    any    railroad    company    heretofol 
organized    shall    hereafter    desire    to    extend    its    line 
lines    of    railroad    in    this    State    or    to    build    extensioi 
or    branches    connected    therewith,    or    to    construct    a;  _ 
unconstructed   portion    of   its   authorized   line   of   railroad, 
or  any  line  of   railroad   whatever  for  which  the  right  of 
way    and    local    consents    and    franchises    have    not   been 
procured,   it   shall,   before   beginning   construction  thereof, 
make    application   to   the   railroad    commission   for   a  cer- 
tificate   of    convenience    and    necessity    authorizing    the 
construction  of  such  extension   or  branch  or  lines  in  the 
manner     hereinbefore     provided;     except     that     it     shall 
not   be   necessary    to    publish   the    articles   of   association 
of    such    railroad    but    only     to    publish     the    notice    of 
hearing  of  such   application  at   least  once  in   each   week 
for    two    successive    weeks    preceding    such    hearing    in 
one   or    more   newspapers    in   each    county   in   which   said 
extension,   branch   or  line   is   to   be  built. 
Ch.   454,   1907. 
Bearing;  notices.     §  1797 — 45.     Upon   receiving  an   aF' 
plication   under   the   provisions   of   this   Act,   the   railroad 
commission    shall    forthwith    set    a    time    and    place    for 
the    hearing   of    such    application,    which    time    shall    not 
be    less    than    three    weeks    nor    more    than    eight   weeks 
from   the   date   of   filing   such   application,   and   the   place 
f.hall  be   at  the  city  of  Madison,  or  at  some  place  along 
tile  line  of  the  proposed  railroad  if  the  commission  shall 
deem  the  latter  more  convenient.     The  commission  shall 
thereupon    give    to    the    applicant    a    notice    of    the    time 
and    place   of    said    hearing,    which    notice    shall   be    pub- 
lished   by    the    applicant    at    least    once    each    week    for 
two    successive    weeks    preceding    such    hearing    in    one 
or   more   newspapers   in   each   county   in   which    the   road 
is    proposed    to    be    located,    and    satisfactory    proof    of 
such  publication  shall  be  filed  by  the  applicant  with  si 
railroad   commission. 
Ch.   454,   1907. 
Testimony;  arguments.    %  1797—46.    At  such  hearing  or 
any     adjournment     thereof    the    commission     shall     care- 
fully consider  such  application  and  shall  hear  such  appli- 
cant  by   counsel   or    agents    in   support   thereof   and   any 
person  or  corporation  in  person  or  by  counsel  or  agents 
in    opposition    thereto    and    upon    demand    of    the    appli- 
cant  or   any   person   or   corporation   appearing  in  opposi- 
tion, take  evidence  and  testimony  orally  or  by  deposition 
in  support  of  the  application  or  in  opposition  thereto. 
Ch.   454,   1907. 
Witnesses  and  documents,  etc. — Law  applicable.  §  1797 
— 47.     All  provisions  of  chapter  362  of  the  laws  of  1905, 
or    any    Act    amendatory    thereof,    relating    to    the    sub- 
poenaing   of    witnesses,    the    production   of   books,   docu- 
ments   and    papers,    the   administration    of   oaths,    punish- 
ment  for    disobedience    of    an    order   of    the    commission 
or   any    commissioner,    or   of   a   subiwena,   or   for   refusal 
of   a   witness   to    be   sworn   or   to    testify,   witness   fees. 


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Public  JSkuvick  Laws 


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the  payment  thereof,  taking  depositions,  tlie  keeping  of 
a  record  of  the  proceedings,  the  taking  of  testimony, 
transcribing  copies  of  evidence  and  testimony,  or  re- 
lating to  the  procedure  before  said  commission  not  in- 
consistent with  this  Act,  shall  apply  to  all  proceedings 
tinder  this  Act. 

Ch.   454,    1907. 

Condemnation  proceedings — Certificates — Maps — Filing. 
§  1797 — 48.  Upon  the  conclusion  of  the  hearings  of  said 
application  as  above  provided,  said  commission  shall  care- 
fully consider  all  the  evidence  submitted,  and  if  the  said 
commission,  or  a  majority  of  them,  shall  find  that  the  pro- 
posed railroad  would  be  a  public  convenience  and  that  a 
necessity  requires  the  construction  of  said  proposed  rail- 
road, the  said  railroad  commission  shall  forthwith  grant  and 
issue  to  the  applicant  a  certificate  that  public  convenience 
and  a  necessity  require  the  construction  of  said  railroad  as 
proposed.  Such  certificate  shall  be  filed  in  the  office  of  the 
secretary  of  State,  and  a  copy  thereof,  certified  to  by  the 
secretary  of  State,  shall  be  evidence  of  the  facts  therein 
stated.  Said  commission  shall  also  approve  the  map  show- 
ing the  proposed  route  of  said  railroad  and  shall  file  the 
same  in  their  office.  The  applicant  shall  cause  a  copy  of 
such  map  certified  by  the  secretary  of  said  commission  to 
be  a  copy  of  the  original,  with  the  seal  of  said  commission 
afiixed,  to  be  filed  in  the  office  of  the  register  of  deeds  in 
«ach  county  in  which  said  railroad  shall  be  located.  The 
filing  of  said  certificate  with  the  secretary  of  State  and  the 
filing  of  a  copy  of  said  map  showing  said  proposed  route,  as 
above  provided,  shall  be  a  condition  precedent  to  the  right 
of  said  applicant  railroad  to  institute  and  maintain  con- 
demnation proceedings  for  the  acquirement  of  land  for  the 
right  of  way,  stations  and  other  necessary  uses  of  said  rail- 
road. 

Ch.  454,  1907. 

Refusal  ot  certificate.  §  1797 — 49.  If  upon  the  con- 
clusion of  said  hearing  of  said  application  said  commis- 
sioners or  a  majority  of  them  shall  find  and  determine  that 
said  proposed  railroad  is  not  a  necessity  or  is  not  required 
by  public  convenience  either  because  already  existing  rail- 
roads or  other  means  of  transportation  adequately  provide 
for  the  necessities  and  requirements  of  the  public,  or  for 
any  other  reason,  then  said  railroad  commission  shall  re- 
fuse to  grant  said  certificate  and  shall  make  such  refusal  a 
matter  of  record  in  the  proceedings,  stating  their  reasons 
for  such  refusal,  and  shall  give  the  applicant  a  copy  of  such 
refusal.  If  said  certificate  is  refused  no  further  proceedings 
shall  be  had  before  said  railroad  commission  in  the  matter, 
but  the  application  may  be  renewed  after  two  years  from 
the  date  of  such  refusal. 
Ch.  454,  1907. 

Appeal  to  Circuit  Court— Proceedings.  §  1797—50.  Any 
railroad  corporation  or  other  party  in  interest,  having  ap- 
peared before  said  commission  upon  the  hearing  of  such 
application  and  being  dissatisfied  with  the  action  of  the 
railroad  commission  in  granting  or  refusing  to  grant  such 
certificate,  may  file  written  notice  thereof  with  said  com- 
mission, whereupon  said  commission  shall  immediately 
certify  and  deliver  to  and  file  with  the  clerk  of  the  Circuit 
Court  of  Dane  County  the  application  and  all  maps,  profiles, . 
testimony,  evidence,  depositions  and  all  other  records, 
papers  and  proceedings  on  file  in  its  office  relating  to  said 
application  and  a  copy  of  its  findings  and  decision  thereon, 
v/^hich  shall  constitute  a  record  in  said  court  in  said  matter. 
The  party  filing  such  written  notice  of  dissatisfaction  with 
the  commission  shall  thereupon  and  upon  such  record  be 
entitled  to  an  order  to  show  cause,  to  be  granted  by  the 
presiding  judge  at  any  time  within  30  days  after  the 
filing  of  said  record  with  said  clerk.  Said  order  to  show 
cause  shall  be  served  upon  all  persons  and  corporations 
who  have  appeared  before  the  railroad  commission  in  such 
matter  in  such  manner  as  shall  be  prescribed  by  said 
presiding  judge.  Upon  the  hearing  of  such  order  to  show 
cause  the  court  shall  examine  said  record,  findings  and  deci- 
sions and  determine  the  legality  of  the  proceedings  before 
said  commission  and  of  the  order  of  said  commission  and 
the  grounds  thereof  and  shall  have  power  to  enter  such 
judgment  or  order  as  may  be  proper  and  just.  An  appeal 
from  the  order  or  judgment  of  the  Circuit  Court  may  be 
taken  by  any  party  aggrieved  thereby  to  the  Supreme 
Court  of  this  State  by  the  service  of  a  notice  of  such  appeal 
upon  all  parties  or  their  attorneys  who  appeared  in  the  Cir- 


cuit Court  in  such  matter  and  on  the  clerk  of  such  court 
within  30  days  from  the  date  of  the  service  upon  such  party 
of  a  copy  of  such  order  or  judgment.  Such  appeal  shall 
be  perfected  and  proceedings  stayed  by  the  service  and 
filing  of  an  undertaking  on  such  appeal  as  is  now  provided 
by  law  in  cases  of  appeal  from  an  order. 
Ch.  454,  1907. 

Certificate  for  building  part  of  line.  §  1797 — 51.  When- 
ever an  application  is  made  by  a  railroad  company  for  a 
certificate  of  public  convenience  and  necessity,  as  required 
by  this  Act,  and  it  shall  appear  to  the  railroad  commission 
after  an  examination  of  the  proposed  route  of  the  applicant 
company  that  public  convenience  and  a  necessity  do  not 
lequire  the  construction  of  said  railioad  as  proposed  in  its 
application,  but  do  require  the  construction  of  a  part  of  said 
proposed  railroad,  the  said  railroad  commission  may  issue 
a  certificate  for  the  construction  of  such  part  of  said  pro- 
posed railroad  as  seems  to  them  to  be  required  by  public 
convenience  and  necessity. 
Ch.  454,  1907. 

Revocation  of  certificate.  §  1797 — 52.  In  case  any  rail- ' 
road  company  hereafter  obtaining  a  certificate  from  the 
railroad  commission  that  public  convenience  and  a  neces- 
sity require  the  construction  of  the  whole  or  part  of  its 
proposed  railroad  shall  fail  to  begin  such  construction  with- 
in one  year  from  the  date  of  the  issuing  of  said  certificate, 
or  having  begun  such  construction,  shall  fail  to  prosecute 
the  same,  the  railroad  commission  may  require  into  the 
reasons  for  such  failure  and  may  revoke  the  said  certificate, 
if  it  shall  appear  after  notice  and  hearing  that  such  failure 
is  unreasonable. 

Ch.  454,  1907. 

Roads  coming  under  act.  §  1797 — 53.  The  provisions 
of  this  Act  shall  apply  to  all  steam,  electric  and  other  sur- 
face railroads  in  this  State,  except  construction  or  exten- 
sion of  electric  railroads  in  cities,  and  to  railroads  for  the 
construction  of  which  municipal  aid  has  heretofore  been 
voted  and  now  available  upon  completion. 
Ch.  454,  1907. 

Specifications  for  construction — Items — Filing.  §  1797 — 
54.  Upon  receiving  the  certificate  of  public  convenience 
and  necessity,  the  applicant  railroad  shall  before  com- 
mencing construction  of  its  railroad  or  any  extension  or 
branch  thereof,  submit  to  the  railroad  commission  a  con- 
densed specification  of  the  kind  and  character  of  construc- 
tion that  it  proposes  to  install,  which  specification  shall 
show  the  kind,  quality  and  weight  of  the  rail  proposed  to  be 
used,  the  mode  of  construction,  character,  quality  and 
strength  of  all  bridges,  culverts  and  viaducts,  including 
abutments  and  approaches  proposed  to  be  built,  the  grade  of 
and  proposed  method  of  draining  the  roadbed,  and  kind  of 
power  to  be  used  and  the  power  i)lant  and  appliances  to  be 
employed  in  power  production,  and  such  other  salient  facts 
relating  to  the  construction  of  said  proposed  railroad  as  the 
commission  under  the  rules  to  be  prescribed  by  them  may 
require. 

Ch.  454,  1907. 

Investigation  of  plans — Order  approving.  §  1797 — 55. 
Upon  receiving  the  specification  required  by  the  foregoing 
section,  the  said  railroad  commission  shall  examine  the 
same  and  shall  hear  the  applicant  railroad  in  support  there- 
of, shall  suggest  and  require  modifications  of  said  specifica- 
tion if  in  their  judgment  the  public  safety  so  demand,  shall 
visit  and  inspect  the  said  proposed  line  of  railroad  or  exten- 
sion or  branch  thereof,  if  deemed  desirable,  and  shall  other- 
wise investigate  and  determine  that  the  proposed  construc- 
tion will  be  adequate  for  securing  and  protecting  the  public 
safety  in  the  operation  of  said  proposed  railroad  or  exten- 
sion or  branch  thereof,  and  thereupon  the  said  commission 
shall  grant  to  said  applicant  railroad  an  order  approving 
said  specification  as  amended — if  the  same  shall  be 
amended — and  authorizing  the  construction  of  said  pro- 
posed railroad  or  extension  or  branch  thereof  in  accordance 
therewith. 

Ch.  454,  1907. 

Railroad  crossings — Electric  raihcays — Grade — Expense. 
§  1797 — 56.  Every  crossing  of  the  track  of  a  steam  railroad 
hereafter  made  by  the  track  of  another  steam  railroad;  and 
every  crossing  of  the  track  of  electric  or  street  railway  sur- 
face road  hereafter  made  by  the  tracks  of  a  steam  railroad, 
and  every  crossing  of  the  track  ot  a  steam  railroad  or  of 
any  other  electric  or  street  railway  surface  road  hereafter 


1444 


National  Association  of  Railway  Commissioners 


made  by  the  track  of  an  electric  or  street  railway  surface 
road  shall  be  above,  below  or  at  grade  of  the  tracks  pro- 
posed to  be  crossed  as  the  railroad  commission  shall  deter- 
mine after  hearing  the  parties  upon  reasonable  notice  pre- 
scribed by  said  commission.  In  such  determination,  said 
railroad  commission  shall  fix  the  proportion  of  the  expense 
of  originally  constructing,  operating,  and  maintaining  such 
crossing,  which  shall  be  paid  by  the  owners  of  said  tracks 
respectively. 

Ch.  454,  1907;  ch.  475,  1909. 

liew  roads — Preliminary  report — Inspection — Order — 
Protective  appliances.  §  1797 — 57.  Upon  the  completion  of 
the  construction  of  any  railroad  or  extension  or  branch 
thereof,  under  the  specification  as  approved  by  the  railroad 
commission,  the  said  applicant  company  shall,  before  oper- 
ating said  railroad,  or  extension  or  branch  thereof,  except- 
ing for  construction  purposes,  and  before  opening  the  same 
to  public  service,  report  the  same  to  said  commission  and 
said  commission  shall  thereupon  inspect  and  examine 
said  railroad,  or  extension  or  branch  thereof,  or  cause 
the  same  to  be  inspected  and  examined,  and  If  it  shall  be 
found  that  the  same  has  been  constructed  in  accordance 
with  said  specification  as  approved  and  is  otherwise  suit- 
able and  properly  constructed  so  as  to  conserve  and  pro- 
tect the  public  safety  in  the  operation  thereof,  said  com- 
mission shall  grant  to  said  applicant  railroad  an  order 
authorizing  it  to  operate  the  same,  which  order  shall  be 
presumptive  evidence  of  the  sufficiency  of  such  construc- 
tion. Said  order  shall  specify  in  general  terms  the  methods 
and  conditions  of  such  operation  and  it  shall  not  be  law- 
ful lor  any  such  railroad  or  extension  or  branch  thereof,  to 
be  operated  till  such  order  has  been  so  granted  and  ob- 
tained. If  upon  such  inspection  and  examination  the  com- 
mission shall  deem  that  public  safety  requires  the  instal- 
lation, operation,  and  maintenance  of  some  suitable  pro- 
tective appliance  at  any  grade  crossing  of  the  track  or 
tracks  of  another  steam  railroad  or  of  any  other  electric 
or  street  railway  surface  road  by  the  track  or  tracks  of  said 
railroad  or  extension  or  branch  thereof,  the  commission 
may,  before  granting  said  order,  after  notice  and  hearing  as 
provided  in  §  1797 — 12,  order  the  installation,  operation, 
and  maintenance  of  such  suitable  protective  appliance,  and 
by  whom  to  be  installed,  operated,  and  maintained,  and 
shall  fix  the  proportion  of  the  expense  of  constructing, 
maintaining,  and  operating  such  protective  appliance,  which 
shall  be  paid  by  the  owners  of  said  tracks  respectively. 
Ch.  454,  1907;  ch.  475,  1909. 

Railroad  routes — Alteration — Limitation.  §  1797 — 58. 
Every  railroad  company  in  this  State  may,  by  the  vote  of 
two-thirds  of  all  its  directors,  alter  or  change  the  route  or 
any  portion  of  the  route  of  its  railroad,  whether  the  same 
is  constructed  or  in  process  of  construction,  if  it  shall  ap- 
pear to  them  that  by  such  change  the  line  thereof  can  be 
materially  improved,  by  making  and  filing  in  the  office  of 
the  railroad  commission  and  also  by  recording  in  the  office 
of  the  register  of  deeds  of  the  county  or  counties  where 
such  alteration  or  change  is  to  be  made,  a  surveyed  map  and 
certificate  of  such  alteration  or  change,  provided  that  such 
alteration  or  change  shall  not  deviate  from  the  original 
route  of  such  railroad  as  approved  by  the  railroad  commis- 
sion for  a  greater  distance  than  one  mile  at  any  point  and 
provided  that  no  incorporated  city  or  village  shall  be  left 
off  from  the  line  of  said  railroad  by  such  change  of  route 
and  also  provided  that  the  original  termini  of  said  railroad 
shall  not  be  changed  by  such  alteration  or  change  of  route. 
Ch.  454,  1907. 

Notices  in  counties  without  newspapers.  §  1797 — 59.  If 
no  newspapers  shall  be  published  in  any  county  in  which 
the  road  is  proposed  to  be  located,  the  publications  required 
by  this  Act  may  be  made  in  such  manner  and  at  such 
places  as  the  railroad  commission  shall  designate. 
Ch.  454,  1907. 

Pending  actions,  this  Act  not  to  affect.  §  1797 — 60. 
Nothing  herein  contained  shall  in  any  manner  affect  any 
suit  or  prosecution  had  or  commenced  in  any  court  prior 
to  May  29,  1907. 

Ch.  454,  1907. 

*Repeal.    All  Acts  or  parts  of  Acts  conflicting  with  the 
provisions  of  this  Act  are  hereby  repealed  In  so  far  as  they 
are  inconsistent  herewith. 
Ch.  454,  1907. 

♦Not  part  of  section. 


Telephone    connections    with    railroads.      §    1797g — 1. 
Every  railroad  company  shall  furnish  reasonably  adequate 
telephonic  connection  with  its  offices,  buildings  and  grounds. 
Ch.  614,  1907. 

Telephone  service — Inadequate — Discriminatory — Regu- 
lation. §  1797g — 2.  Upon  complaint  to  the  railroad  com- 
mission of  Wisconsin  that  any  telephonic  service  with  any 
railroad  is  inadequate  or  in  any  respect  unreasonable  or 
unjustly  discriminatory,  or  that  such  service  cannot  be  had, 
it  shall  be  the  duty  of  said  commission  to  investigate  the 
same  and  if  upon  investigation  the  commission  shall  find 
that  any  telephonic  service  is  inadequate  or  unreasonable 
or  unjustly  discriminatory  or  that  such  service  cannot  be 
had,  it  shall  determine  and  by  order  fix  a  reasonable  regu- 
lation, practice  or  service  to  be  installed,  imposed,  observed 
and  followed  in  the  future. 
Ch.  614,  1907. 

Orders  of  commission — Actions  to  set  aside.  §  1797g — 3. 
All  orders,  made  by  the  commission  under  the  provisions 
of  this  Act  shall  have  the  same  force  and  effect,  and  an 
action  may  be  commenced  to  vacate  and  set  aside  tlr.o 
same,  as  provided  in  chapter  362,  laws  of  1905. 
Ch.  614,  1907. 

Street  railway  franchises:  definitions — Municipal  coun- 
cil. §  1797t — 1.  The  term  "municipal  council"  as  used  in 
this  Act  shall  mean  and  embrace  the  common  council,  the 
board  of  aldermen,  the  board  of  trustees,  the  town  or  vil- 
lage board,  or  any  other  governing  body  of  any  town,  vil- 
lage or  city  wherein  the  property  of  a  street  railway  coni- 
pany  or  any  part  thereof  is  located. 

2.  The  term  "municipality"  as  used  in  this  Act  shal 
mean  any  town,  village  or  city  wherein  property  of  a  street 
railway  company  or  any  part  thereof  is  located. 

3.  The  term  "indeterminate  permit"  as  used  in  thlj 
Act  shall  mean  and  embrace  every  grant,  directly  or  li- 
directly  from  the  State,  to  any  street  railway  company,  cf 
power,  right  or  privilege  to  own,  operate,  manage  or  cor- 
trol  any  street  railway  plant  or  equipment  or  any  part 
thereof  within  this  State,  which  shall  continue  in  fore  > 
until  such  time  as  the  municipality  shall  exercise  its  optio:  i 
to  purchase  as  provided  in  this  Act  or  until  it  shallj 
otherwise  terminated   according  to  law. 

4.  The  term   "commission"   as  used  in  this  Act 
mean  the  railroad  commission  of  Wisconsin. 

Ch.   578,  1907. 

Future    grants — Indeterminate — Municipal    acquisitior, 
§  1797t — 2.     Every  license,  permit  or  franchise  hereafte  ■ 
granted  to  any  street  railway  company  shall  have  the  effec 
of  an  indeterminate  permit  subject  to  the  provisions  of 
this  Act,  and  subject  to  the  provision  that  the  municipalit: 
in  which  the  major  part  of  its  property  Is  situated  ma: 
purchase  the  property  of  such  street  railway  company  ac 
tually  used  and  useful  for  the  convenience  of  the  public 
at  any  time  as  provided  herein,  paying  therefor  just  com- 
pensation  to   be  determined   by  the  commission   and   ac- 
cording to  the  terms  and  conditions  fixed  by  said  commit- 
sion.     Any  such  municipality  is  authorized   to  purchaso 
such  property,  and  every  such  street  railway  company  In 
required  to  sell  such  property  at  the  compensation  and 
according  to  the  terms  and  conditions  determined  by  thii 
commission  as  herein  provided. 
Ch.  578,  1907. 

Surrender  of  existing  license  for  indeterminate  permit^  — 
Contract  waiver  implied.  §  1797t— 3.  Any  street  railwar 
company  operating  under  an  existing  license,  permit  o- 
franchise  shall,  upon  filing  at  any  time  prior  to  the  expira- 
tion of  such  license,  permit  or  franchise,  with  the  clerk  o! 
the  municipality  which  granted  such  franchise  and  with 
the  commission,  a  written  declaration  legally  executed 
that  it  surrenders  such  license,  permit  or  franchise,  recelvo 
by  operation  of  law,  in  lieu  thereof,  an  indeterminate  per- 
mit as  provided  in  this  Act;  and  such  street  railway  com- 
pany shall  hold  such  permit  under  all  the  terms,  conditionii. 
and  limitations  of  this  Act.  The  filing  of  such  declaration 
shall  be  deemed  a  waiver  by  such  street  railway  company 
of  the  right  to  insist  upon  the  fulfillment  of  any  contract 
theretofore  entered  into  relating  to  any  rate,  fare,  chargo 
or  service  regulated  by  §§  1797—1  to  1797—38  of  tho 
statutes,  as  amended. 
Ch.  578,  1907. 

Future  grants — Implied  consent  and  waiver.  §  1797t — 4. 
Any  street  railway  company  accepting  or  operating  under 
any  license,  permit  or  franchise  hereafter  granted,  except 


jptio:  I 


Public  Service  Laws 


1445 


■where  such  license,  permit  or  franchise  is  for  an  extension 
of  any  line  or  system  constructed  or  authorized  at  the 
time  this  Act  shall  go  into  effect,  and  which  license,  per- 
mit or  franchise  for  such  extension  shall  expire  at  the  same 
date  as  the  license,  permit  or  franchise  under  which  such 
line  or  system  is  then  heing  operated,  shall,  by  acceptance 
of  any  such  indeterminate  permit,  be  deemed  to  have  con- 
sented to  a  future  purchase  of  its  property  actually  used 
and  useful  for  the  convenience  of  the  public,  by  the  mu- 
nicipality in  which  the  major  part  of  it  is  situate,  for  the 
compensation  and  under  the  terms  and  conditions  deter- 
mined by  the  commission,  and  shall  thereby  be  deemed  to 
have  waived  the  right  of  requiring  the  necessity  of  such 
taking  to  be  established  by  the  verdict  of  a  jury,  and  to 
have  waived  all  other  remedies  and  rights  relative  to 
condemnation  by  such  municipality,  except  such  rights 
and  remedies  as  are  provided  in  this  Act. 
Ch.  578,  1907. 

Power  of  municipalities  to  acquire.  §  1797t — 5.  1.  At 
any  time  within  three  years  prior  to  the  expiration  of  the 
term  of  the  license,  permit  or  franchise  under  which  any 
street  railway  is  operating  at  the  time  this  Act  goes  into 
effect,  any  municipality  shall  have  the  power,  subject  to 
the  provisions  of  this  Act,  to  acquire  by  condemnation  the 
property  of  any  street  railway  company,  actually  used  and 
useful  for  the  convenience  of  the  public. 

2.  Any  municipality  shall  have  the  power,  subject  to  the 
provisions  of  this  Act,  to  acquire  by  purchase,  as  provided 
in  this  Act,  the  property  of  any  street  railway  company 
actually  used  and  useful  for  the  convenience  of  the  public 
operating  under  any  indeterminate  permit  as  provided  here- 
in. 

Ch.  578,  1907. 

Orants  now  existing — Municipality's  action  to  acquire. 
§  1797t — 6.  If  the  municipality  shall  have  determined  to 
acquire  an  existing  plant  then  operated  under  a  license, 
permit  or  franchise  existing  at  the  time  this  Act  takes 
effect,  such  municipality  shall  bring  an  action  in  the  Cir- 
cuit Court  against  the  street  railway  company  as  defendant 
praying  the  court  for  an  adjudication  as  to  the  necessity  of 
such  taking  by  the  municipality,  in  which  action  the  com 
plaint  shall  be  served  with  the  summons.  The  street  rail 
way  company  shall  serve  and  file  its  answer  to  such  com 
plaint  within  10  days  after  the  service  thereof;  whereupon 
such  action  shall  be  at  issue  and  stand  ready  for  trial  upon 
10  days'  notice  by  either  party.  All  such  actions  shall  have 
precedence  over  any  civil  cause  of  a  different  nature  pend- 
ing in  such  court. 
Ch.  578,  1907. 

Notice  of  determination  to  acquire.  §  1797t — 7.  If  the 
municipality  shall  have  determined  to  acquire  an  existing 
lilant  and  the  street  railway  company  owning  such  plant 
shall  have  consented  to  the  taking  over  of  such  plant  by 
the  municipality  by  acceptance  of  an  indeterminate  permit 
as  provided  herein;  or,  in  case  such  street  railway  company 
shall  not  have  consented  to  such  taking  if  the  jury  shall 
have  found  that  a  necessity  exists  for  the  taking  of  such 
plant,  then  the  rriunicipality  shall  give  speedy  notice  of  such 
determination  and  of  such  consent  or  such  verdict  of  a  jury 
to  the  street  railway  company  and  to  the  commission. 
Ch.  578,  1907. 

Compensation  for  property — Order  determining.  §  1797t 
— 8.  The  commission  shall  thereupon  after  public  hearing 
and  within  three  months  from  the  receipt  of  such  notice 
and  upon  notice  to  the  municipality  and  the  street  railway 
company  interested,  by  order  fix  and  determine  and  certify 
to  the  municipal  council  and  to  the  street  railway  company, 
just  compensation  to  be  paid  for  the  taking  of  the  property 
of  such  street  railway  company  actually  used  and  useful  for 
the  convenience  of  the  public,  and  all  other  terms  and  all 
conditions  of  sale  and  purchase  which  it  shall  ascertain  to 
be  reasonable.  The  compensation  and  other  terms  and  the 
conditions  of  sale  and  purchase  thus  certified  by  the  com- 
mission shall  constitute  the  compensation  and  terms  and 
conditions  to  be  paid,  followed  and  observed  in  the  pur- 
chase of  such  plant  from  such  street  railway  company  upon 
the  filing  of  such  certificate  with  the  clerk  of  such  munici- 
pality, the  exclusive  use  of  the  property  taken  shall  vest  in 
such  municipality. 
Ch.  578,  1907. 

Appeal  from  order.  §  1797t — 9.  Any  street  railway 
company  or  the  municipality  being  dissatisfied  with  such 


order,  may  commence  and  prosecute  an  action  in  the  Cir- 
cuit Court  to  alter  or  amend  such  order  or  any  part  thereof 
as  provided  in  §  1797m — 64  to  1797m — 73,  inclusive,  of  the 
statutes,  and  said  sections  so  far  as  applicable  shall  apply 
to  such  action. 

Ch.  578,  1907. 

//  decision  affirmed.  §  1797t— 10.  If  the  plaintiff  shall 
not  establish  to  the  full  satisfaction  of  the  court  that  the 
compensation  fixed  and  determined  in  such  order  is  unlaw- 
ful or  that  some  of  the  terms  or  conditions  fixed  and  deter- 
mined therein  are  in  some  particulars  unreasonable,  the 
compensation,  terms  and  conditions  fixed  in  said  order 
shall  be  the  compensation,  terms  and  conditions  to  be  paid, 
followed  and  observed  in  the  purchase  of  said  plant  from 
such  street  railway  company. 
Ch.  578,  1907. 

If  decision  for  street  railway.  §  1797t — 11.  If  the  plain- 
tiff shall  establish  to  the  full  satisfaction  of  the  court  and 
ihe  court  shall  adjudge  that  such  compensation  is  unlawful 
or  that  some  of  such  terms  or  conditions  are  unreasonable, 
the  court  shall  remand  the  same  to  the  commission  with 
such  findings  of  fact  and  conclusions  of  law  as  shall  set 
forth  in  detail  the  reasons  for  such  judgment  and  the 
specific  particulars  in  which  such  order  of  the  commission 
is  adjudged  to  be  unreasonable  or  unlawful. 
Ch.  578,  1907. 

Reconsideration  of  order.  §  1797t — 12.  1.  If  the  com- 
pensation fixed  by  the  previous  order  of  the  commission  be 
adjudged  to  be  unlawful,  the  commission  shall  forthwith 
proceed  to  set  a  re-hearing  for  the  re-determination  of  such 
compensation  as  in  the  first  instance. 

2.    The  commission  shall  forthwith  otherwise  alter  and 
amend  such  previous  order  with  or  without  a  re-hearing  as 
it  may  deem  necessary,  so  that  the  same  shall  be  reasonable 
and  lawful  in  every  particular. 
Ch.  578,  1907. 

Two-cent  passenger  rate  on  railroads.  §  1798a.  No 
corporation  operating  a  railroad  in  this  State  the  gross  re- 
ceipts of  which  are  or  exceed  $3,500  per  mile  per  annum, 
shall  demand,  collect  or  receive  a  greater  compensation  for 
the  transportation  of  persons  than  two  cents  per  mile;  and 
every  such  corporation  shall,  at  its  ticket  stations  within 
this  State,  on  its  lines  of  road,  sell  tickets  at  a  price  not  to 
exceed  two  cents  per  mile;  but  no  such  corporation  shall  be 
compelled  to  accept  a  single  fare  of  less  than  five  cents. 

*Repeal.    All  Acts  and  parts  of  Acts  inconsistent  with 
this  Act  in  so  far  as  inconsistent  are  repealed. 
Ch.  654,  1907. 

Failure  to  purchase  ticket,  ten  cents  excess.  §  1798b. 
I?  a  passenger  fails  to  provide  himself  with  a  ticket  entitling 
him  to  carriage,  10  cents  in  excess  of  the  regular  full  rate 
may  be  charged  and  collected;  provided,  however,  that 
when  the  ticket  office  is  closed,  or  where  reasonable  oppor- 
tunity for  the  purchase  of  tickets  is  not  provided,  this  Act 
shall  not  apply. 

Ch.  351,  1911. 

Express  delivered  within  mail  delivery  limits.  §  1798m. 
1.  Every  express  company  doing  business  within  any  city 
in  this  State  where  there  is  now  a  United  States  urban 
free  mail  delivery,  shall  make  free  delivery  of  all  intra- 
state express  matter  received  by  it  at  such  city  at  the  point 
of  destination  within  the  boundaries  of  such  free  delivery 
as  now  established  or  as  they  may  hereafter  be  established. 
In  case  a  free  delivery  is  hereafter  established  in  any  city 
in  this  State,  then  every  express  company  doing  business 
in  such  city  shall  make  free  delivery  of  all  such  Intrastate 
express  matter  as  above  prescribed,  on  and  after  30  days 
from  the  establishment  of  such  free  delivery. 

2.  Every  express  company  violating  the  provisions  of 
this  Act  shall  be  subject  to  a  forfeiture  of  not  less  than  $50 
and  not  more  than  $100  and  costs  for  each  violation  thereof. 
Such  forfeiture  shall  be  collected  as  provided  by  chapter 
142,  statutes  of  1898,  and  one-fourth  thereof  shall  be  paid 
to  the  informer  and  the  balance  shall  be  paid  into  the 
school  fund;  provided,  that  the  provisions  of  this  Act  shall 
not  be  construed  to  affect  the  liability  of  any  express  com- 
pany in  any  action  brought  to  recover  actual  damages, 
sustained  by  the  plaintiff  by  reason  of  its  failure  to  make 
such  delivery  or  to  make  a  reasonably  prompt  delivery. 
Ch.  416,  1911. 


•Not  part  of  section. 


liw 


National  Association  of  Eailwat  Commissioners 


To  viaintain  stations.  §  1801.  Every  corporation  operat- 
ing a  railroad  shall  maintain  a  station  at  every  village, 
whether  incorporated  or  not,  having  a  post-office  and  con- 
taining 200  inhabitants  or  more,  through  or  within  one- 
eighth  of  a  mile  of  which  its  line  or  road  runs,  and  shall 
provide  the  necessary  arrangements,  receive  and  dis- 
charge freight  and  passengers,  and  shall  stop  at  least  one 
passenger  train  each  day  each  way  at  such  station,  if 
trains  are  run  on  such  road  to  that  extent;  and  if  four  or 
more  passenger  trains  are  run  each  way  daily,  at  least 
two  passenger  trains  each  day  each  way  shall  be  stopped 
at  each  and  every  such  station.  Every  such  corporation 
neglecting  or  refusing  fully  to  comply  with  this  section, 
after  demand  therefor  by  any  resident  of  such  village, 
shall  forfeit  not  less  than  $25  nor  more  than  $50  for  each 
and  every  day  such  neglect  or  refusal  shall  continue,  one- 
half  to  the  use  of  the  person  prosecuting  therefor. 
Ch.  483,  1911. 

Stopping  of  passenger  trains  at  county  seats.  §  1801m.  1. 
Every  railroad  corporation  operating  a  main  line  of  rail- 
road, through  or  within  one-eighth  of  a  mile  of  any  county 
seat  in  this  State,  shall  stop  at  such  county  seat  for  a 
sufficient  length  of  time  to  receive  and  discharge  passen- 
gers at  least  one-half  of  the  total  number  of  all  regular 
passenger  trains  operated  by  said  railroad  corporation  over 
such  line  of  railroad. 

Cut-off  near  county  seat.  2.  Every  railroad  corporation 
operating  a  line  of  railroad  in  this  State  for  passenger  serv- 
ice, which  shall  have  maintained  and  operated  an  original 
main  line  of  railroad  for  passenger  service  through,  or 
within  one-eighth  of  a  mile  of,  any  county  seat,  and  which 
shall  thereafter  have  constructed  any  "cut-off"  or  new  line, 
between  a  point  on  said  main  line  on  one  side  of  such 
county  seat  and  a  point  on  said  main  line  on  the  opposite 
side  of  such  county  seat,  shall  thereafter  run  and  operate 
at  least  one-half  of  the  total  number  of  all  regular  passen- 
ger trains  operated  by  such  railroad  corporation  on  both 
such  original  main  line  of  railroad  and  on  such  cut-off,  or 
new  line,  by  way  of  such  original  main  line  of  railroad 
which  runs  through  such  county  seat,  and  shall  stop  the 
same  at  such  county  seat  for  a  sufficient  length  of  time  to 
take  on  and  discharge  passengers. 

Ch.  415,  1911. 
To  maintain  outbuildings  at  depots.  §  ISOlp.  All  rail- 
road companies  operating  in  Wisconsin  shall  provide 
and  maintain  at  any  and  all  railroad  stations  in  the 
State  where  passenger  tickets  are  sold,  within  reason- 
Jible  access  of  the  depot  a  water-closet,  earth-closet  or 
privy  for  the  accommodation  of  railroad  employes,  and 
tlie  traveling  public.  Entirely  separate  compartments 
for  men  and  women  shall  be  provided.  The  water- 
closet,  earth-closet  or  privy  for  males  shall  have  urinals 
arranged  with  conduits  of  galvanized  iron  or  other 
impervious  material,  draining  into  a  sewer,  vault  or  other 
suitable  place  which  will  prevent  the  creation  of  a 
::uisance. 

Ch.  250,  1911. 

Local  health  officer  to  inspect  outbuildings.  §  1801q. 
The  local  health  officer  or  health  commissioner  of  the 
township,  incorporated  village  or  city  in  which  the 
I'epot  is  located,  shall  have  authority  to  inspect  such 
water-closets,  earth-closets  or  privies  from  time  to  time, 
and  if  they  are  found  to  be  in  an  unsanitary  condition, 
he  shall  at  once  notify  the  proper  officials  of  the  rail- 
load  company,  stating  in  what  respects  such  water- 
closets,  earth-closets  or  privies  are  unsanitary.  It 
shall  then  be  the  duty  of  the  railroad  company,  within 
a  reasonable  time,  to  make  such  alterations  or  repairs 
&s  will  remove  the  unsanitary  condition  complained  of. 
Ch.   250,   1911. 

Penalty.  §  ISOlr.  Any  failure  to  comply  with  the  pro- 
visions of  this  Act  shall,  upon  conviction,  be  punish- 
able by  a  fine  of  not  less  than  $20  nor  more  than  $100 
or  by  imprisonment  in  the  county  jail  not  to  exceed 
60  days,  or  by  both  such  fine  and  imprisonment. 
Ch.   250,   1911. 

Spur  tracks — Use  of  streets,  alleys  and  lanes — City's  con- 
sent and  regulation.  §  1802.  The  owner  of  any  elevator, 
■warehouse,  manufacturing  plant  or  mill,  or  of  any  lum- 
ber, coal  or  wood  yard  located  within  one-half  mile 
of  any  railroad  or  any  side  track  thereof,  may  at  his 
own  expense  construct  a  spur  track  from  any  such  ele- 


vator, warehouse,  manufacturing  plant,  mill  or  yard 
to  a  point  on  the  right  of  way  within  the  terminal  or 
j'ard  limits  of  any  such  railroad  and  the  railroad  shall 
connect  the  same  with  its  tracks  within  such  terminal 
or  yard  limits.  Provided,  however,  that  no  such  spur 
track  be  constructed  across,  along  or  upon  any  street, 
lane  or  alley,  at  grade  or  otherwise,  within  the  corporate 
limits  of  any  city  however  organized,  until  application 
therefor  shall  have  been  made  to  and  acted  upon  by 
th(i  proper  authorities  of  such  city.  The  proper  author- 
ities of  such  city  may  prescribe  any  reasonable  terms 
and  conditions  for  the  construction  of  any  branch 
Pnd  spur  track.  Such  spur  track  shall  at  all  times 
be  under  the  control  and  management  of  and  be  kept 
in  repair  and  operated  for  such  owner  or  his  assigns 
by  such  railroad,  but  the  actual  cost  of  so  maintaining 
nnd  operating  shall  be  paid  monthly  by  the  owner 
fiereof,  and  in  case  of  neglect  to  so  pay  the  same 
upon  demand  the  obligation  of  this  section  upon  any 
such  railroad  shall  cease  until  such  charges  are  paid. 
And  no  such  spur  track  hereafter  constructed  or  which 
has  heretofore  been  constructed  under  the  provisions 
of  this  section  shall  be  removed  without  first  having 
given  the  parties  owning  such  elevator,  warehousi 
manufacturing  plant,  mill  or  yard  six  months'  notioi 
and  no  removal  shall  be  made  except  for  good  cam 
shown. 

Ch.   265,   1907. 

Track  connections  at  crossings.  §  1802c.  Every  railway 
corporation  whose  track  crosses  the  track  of  any  other 
railway  corporation  at  grade  In  any  town,  city, 
village,  or  whose  tracks  and  right  of  way  shall  be  a( 
Jacent  to  the  tracks  and  right  of  way  of  any  othi 
railway  corporation,  within  the  limits  of  any  city 
incorporated  village,  shall,  within  60  days  after 
written  request  of  the  railroad  commission,  or  the  to 
board  of  supervisors,  make  a  track  connection  betwei 
each  other  within  such  town,  city,  or  village  to  affoi 
all  reasonable  and  proper  facilities  for  the  interchan 
cf  traffic  between  their  respective  lines  for  forwardi 
and  delivering  freight,  and  shall  transfer  or  switci 
and  deliver  without  unreasonable  delay  or  discriminatio: 
any  freight  or  cars,  loaded  or  empty,  destined  to 
point  on  its  tracks  or  any  connecting  line,  and  the  e; 
pense  thereof  shall  be  borne  equally  between  each  of  tl 
said  corporations,  unless  otherwise  ordered  by  the  ra: 
road    commission. 

Ch.   302,   1911. 

Rules  and  regulations  for  switching  cars.  §  1802d.  Th( 
lailroad  commission  shall,  upon  written  request  of  an; 
consignee,  upon  notice  to  the  applicant  and  the  said 
companies,  make  such  reasonable  rules  and  regulation] 
for  the  switching  of  cars  from  one  of  such  connectl: 
riiilroads  to  the  other  as  shall  be  reasonable  and  propel 
Ch.    302,   1911. 

Penalty.     §  1802e.    Any  railroad  corporation  neglectl 
or    refusing   to    comply   with    the    provisions   of   this   Ai 
shall    be    punished    by    a   fine    of   not   less    than    $25   a 
more-  than    $100    for    each    offense,    and   each    day    sh 
be   held  as   constituting  a  new  offense. 

Caboose  cars  must  be  double  trucked.    §  1806m.    1.    O; 
and  after  July  1,  1910,  it  shall  be  unlawful  for  any  person, 
corporation    or    company   operating   any    railroad   or   rai 
way    in    the    State    of    Wisconsin    to    require    or    per: 
the    use    of    any    caboose    cars    unless    said    caboose    cai 
than    be    equipped    with    at    least    two    regulation    foi 
wheeled   trucks,   except  trains  used   exclusively  for  hai 
ing  logs. 

Penalty.  2.  Any  person,  corporation  or  company  oper- 
ating any  railroad  or  railway  in  the  State  of  Wisconsin 
violating  any  of  the  provisions  of  §  1  of  this  Act  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  $500  nor  more 
than   $1,000   tor  each  offense. 

Com7nission  to  enforce.      3.    It  shall  be  the  duty  of  the 
railroad  commission  of  Wisconsin  to  enforce  this  Act 
Ch.  169,  1909. 

Steps,  boarding  and  alighting  trains.  §  1807m.  1.  Eve! 
railroad  corporation  shall  provide  and  cause  to  be  usi 
for  the  convenience  and  assistance  of  passengers  in  gei 
ting  on  or  off  of  any  coach  of  any  train  provided 
with  a  coach  or  coaches  for  the  carriage  of  passengers, 
a    temporary    step   or   stool. 


ng 

% 


he 

9 


Public  Service  Laws 


1447 


2.  It  shall  be  the  duty  of  the  tirakeman  in  charge 
ol  the  coach  or  coaches  of  any  railroad  train  to  place 
such  step  or  stool  in  a  proper  iiosition  at  each  place 
or  station  at  which  such  train  stops  to  take  on  or  let 
off  a  passenger  or  passengers,  whenever  the  distance 
between  the  lowest  step  of  the  coach  and  the  surface 
upon  which  such  passenger  must  alight  is  more  than 
nineteen  inches. 

3.  Every  railroad  corporation  neglecting  or  refusing 
to  comply  with  any  of  the  foregoing  provisions  shall 
forfeit  and  pay  a  penalty  to  the  State  of  ?25  for  each 
offense. 

Ch.  345,  19Q9. 
Train  speed  limit-^Vnguarded  crossings.  §  1809.  1.  No 
niilroad  company  or  corporation  operating  a  railroad 
in  this  State  and  whose  line  of  road  extends  into  or 
through  any  incorporated  city  or  village,  shall  run  a  train 
cr  locomotive  faster  than  12  miles  an  hour  while  ap- 
proaching and  within  20  rods  of  any  public  traveled 
grade  sti'eet  crossing  in  such  city  or  village. 

Ch.  595,  1907. 
With  gates,  flagman  or  alarm.  2.  Whenever  any  such 
railroad  company  or  corporation  shall  erect,  maintain 
and  operate  gates  at  any  public  traveled  grade  crossing 
In  any  incorporated  city  or  village,  or  shall  maintain  a 
flagman  thereat,  such  company  or  corporation  may  run 
a  train  or  locomotive  at  a  speed  not  to  exceed  30  miles 
an  hour  while  apiiroaching  and  within  20  rods  of  and  while 
crossing  such  public  traveled  grade  crossing,  and  when- 
ever such  railroad  company  shall  maintain  and  operate 
an  efficient  electric  alarm  bell  or  signal,  properly  in- 
Etalled  and  kept  in  good  working  order,  at  any  public 
traveled  grade  crossing  in  any  incorporated  city  or  vil- 
lage, such  company  may  run  a  train  or  locomotive 
ft  a  speed  of  not  to  exceed  20  miles  an  houn  while 
approaching,  and  within  20  rods  of,  and  while  crossing 
such   public  grade  crossing. 

Ch.  595,  1907. 
Engine  hell — Municipal  regulation.  3.  No  such  rail- 
road company  or  corporation  shall  run  any  train  or 
locomotive  over  any  public  traveled  grade  crossing 
within  any  incorporated  city  or  village,  except  wherein 
?:ateB  are  erected,  maintained  and  operated,  or  a  flag- 
man is  stationed,  unless  the  engine  bell  shall  be  rung 
continuously  within  20  rods  of  and  until  such  crossing 
shall  be  reached  by  such  train  or  locomotive.  Pro- 
vided, that  flagman  or  gates  shall  be  placed  and  main- 
tained, or  such  mechanical  safety  appliances  shall  be 
Installed  upon  such  street  crossings  In  incorporated 
villages  and  cities  over  which  trains  pass  as  the  public 
authorities   of   any  such   city  or  village   may  direct 

Ch.   595,   1907. 

Bell  and  ivhistle  outside  municipal  litnits.  4.  No  such 
railroad  company  or  corporation  shall  run  any  train  or 
locomotive  over  any  public  traveled  grade  highway 
crossing,  outside  of  the  limits  of  any  incorporated  city 
or  village,  unless  the  whistle  shall  be  blown  80  rods 
from  such  crossing  and  the  engine  bell  rung  continuously 
from  thence  until  such  crossing  be  reached  by  such 
train  or  locomotive. 

Ch.  595,  1907. 
Signs  at  crossings.  5.  Every  such  railroad  company  or 
corporation  shall  erect  and  maintain  at  all  times  at  every 
place  where  its  railroad  track  crosses  a  public  highway  or 
street  and  near  such  crossing  a  large  signboard  with  the 
following  inscription,  painted  in  large  letters  on  each 
side;  "Look  out  for  the  Cars,"  in  such  manner  as  to  be 
visible  on  the  highway  track  at  least  a  hundred  feet  distant 
on  each  side  of  such  crossing. 

Ch.  595,  1907. 
Coritributory  negligence  not  to  har  recovery  for  personal 
injury.  6.  In  any  action  brought  by  any  person  or  his 
legal  representatives  against  a  railroad  company  or  cor- 
poration operating  a  railroad  in  this  State,  to  recover  for 
personal  injuries  or  death,  if  it  appear  that  the  injury  or 
death  in  question  was  caused  by  the  negligent  omission  of 
a  railroad  company  or  any  such  corporation  to  comply  with 
the  requirements  of  §  1809,  the  fact  that  the  person  injured 
or  killed  was  guilty  of  slight  want  of  ordinary  care  con- 
tributing to  the  injury  or  death  shall  not  bar  a  recovery. 

Ch.  595,  1907. 

Burden  of  proof.  The  burden  of  proof  that  the  person 
so  injured  or  killed  was  guilty  of  more  than  slight  want 


of  ordinary  care  contributing  to  the  injury  or  death  shall 
be  upon  the  railroad  company  or  corporation  operating  such 
railroad. 

Ch.  332,  1909. 

*Iiepeal.    §  2.    §  1809a  of  the  statutes  is  hereby  repealed. 
Ch.  595,  1907. 

Railroad  telegraph  operators — Age — Experience.  §  1809]. 
1.  It  shall  be  unlawful  for  any  common  carrier  by  rail- 
road, carrying  freight  or  passengers  between  points  within 
this  State,  to  employ  any  telegraph  operator,  except  an  as- 
sistant under  an  experienced  operator,  who  shall  not  have 
attained  the  age  of  18  years  and  who  shall  not  have  had 
actual  experience  as  a  telegraph  operator,  or  who  shall  not 
have  had  at  least  six  months'  actual  experience  under  the 
tutorship  of  an  experienced  railroad  telegraph  operator,  or 
who  shall  not  have  been  graduated  from  a  school  of  teleg- 
raphy having  at  least  a  six  months'  course. 

Penalty.  2.  Any  common  carrier  by  railroad  or  any  of 
its  officers  or  agents  who  shall  violate  the  provisions  of 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  punished  by  a  fine  of  not  less  than  $100  nor  mors 
than  $1,000  for  each  offense. 
Ch.  477,  1907. 

Railroad  employes'  hours  on  and  off  duty.  §  1809 1. 
It  shall  be  unlawful  for  any  common  carrier.  Its  officers 
or  agents,  to  require  or  permit:  (1)  Any  employe  to  be  or 
remain  on  duty  for  a  longer  period  than  16  consecutive 
hours,  and  whenever  any  such  employe  of  such  common  car- 
rier shall' have  been  continuously  on  duty  for  16  hours  he 
shall  be  relieved  and  not  required  or  permitted  again  to  go 
on  duty  until  he  has  had  at  least  10  consecutive  hours  oft 
duty;  and  no  such  employe  who  has  been  on  duty  16 
hours  in  the  aggregate  in  any  24-hour  period  shall  be  re- 
quired or  permitted  to  continue  or  again  go  on  duty  with- 
out having  had  at  least  eight  consecutive  hours  off  duty. 
Ch.   655,  1907. 

Emergencies  excepted.  §  1809m.  The  provisions  of  this 
Act  shall  not  apply  in  any  case  of  casualty  or  unavoidable 
accident  or  the  Act  of  God;  nor  where  the  delay  was  the 
result  of  a  cause  not  known  to  the  carrier  or  its  officers  or 
agents  in  charge  of  such  employe  at  the  time  said  employe 
left  the  terminal  and  which  could  not  have  been  foreseen 
nor  to  the  crews  of  wrecking  or  relief  trains. 
Ch.  655,  1907. 

Commission  to  enforce  compliance.  §  1809n.  The  rail- 
road commission  shall  fully  investigate  all  cases  of  viola- 
tion of  this  Act  and  shall  lodge  with  the  proper  district 
attorneys  information  of  such  violations  as  may  come  to 
its  knowledge.  The  commission  shall  have  the  power  to 
employ  such  inspectors  or  other  persons  as  may  be  neces- 
sary to  enforce  the  provisions  of  this  Act.  To  enforce 
the  provisions  of  this  Act  the  railroad  commission  and  its 
agents  or  employes  shall  have  the  power  to  administer 
oath's,  interrogate  witnesses,  take  testimony,  and  require 
the  production  of  books  and  papers. 
Ch.  655,  1907. 

Penalty.  §  1809o.  Any  common  carrier  or  any  of  its 
officers  or  agents  violating  any  of  the  provisions  of  section 
1809  1  is  declared  to  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $100  nor  more  than  $1,000. 
Ch.  655,  1907. 

Full  passenger  crew — Exemptions.  §  1809r.  It  shall  be 
unlawful  for  any  railroad  company  doing  business  in  the 
State  of  Wisconsin  to  run  over  its  road,  or  part  of  its  road, 
outside  of  the  yard  limits,  any  passenger  train  with  three 
cars  or  less,  with  less  than  a  full  passenger  crew,  consist- 
ing of  one  engineer,  one  fireman,  one  conductor  and  one 
brakeman;  for  more  than  three  cars,  two  brakemen;  and 
on  trains  of  more  than  three  cars  the  said  brakeman  shall 
not  be  required  to  perform  the  duties  of  the  baggage  master 
or  express  agent  while  on  the  road.  Nothing  in  this  sec- 
tion shall  apply  to  trains  picking  up  a  car  or  cars  between 
terminals  in  this  State,  or  to  trains  propelled  by  electricity. 
Ch.  402,  1907. 

Freight  crew.  §  1809s.  It  shall  be  unlawful  for  any  rail- 
road company  in  the  State  of  Wisconsin  to  run  over  Its 
road  or  any  part  thereof,  outside  of  yard  limits,  any  freight 
train  of  three  cars  or  more,  with  less  than  a  full  train  crew, 
consisting  of  five  persons:  one  engineer,  one  fireman,  one 
conductor,  and  two  brakemen. 
Ch.  402,   1907. 


♦Not  part  of  section. 


1448 


National  Association  of  Railway  Commissioners 


Penalty.  §  1809t.  Any  superintendent  or  train  master 
or  their  assistants  or  any  other  officer  or  employe  of  any 
railroad  company  doing  business  in  the  State  of  Wisconsin, 
operating  more  than  25  miles  of  road,  who  shall  send 
out  on  the  road,  or  cause  to  be  sent  out  on  the  road, 
outside  of  yard  limits,  any  passenger  train  or  any  freight 
train  whose  crew  consists  of  less  than  the  number  required 
in  §  1809r  and  §  1809s  of  this  Act,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  $50  for  each  offense.  ' 

Ch.  402,  1907. 

Circuit  Court  jurisdiction.    §  1809u.    The  Circuit  Courts 
of  the  several  counties  of  this  State  shall  have  jurisdiction 
of  offenses  under  this  Act. 
Ch.  402,  1907. 

Locomotive  headlights.  §  1809v.  1.  It  shall  be  the  duty 
of  every  corporation  operating  any  steam  railroad  of  more 
than  50  miles  of  track  within  this  State,  to  equip  on  or 
before  July  1,  1912,  every  locomotive,  power  vehicle,  power 
car,  and  other  equipment  used  as  the  equivalent  of  or  in 
place  of  locomotives,  except  such  as  are  used  exclusively 
for  switching  service  or  in  railroad  yards  and  not  else' 
where,  with  a  headlight  of  sufficient  candle-power,  measured 
with  a  reflector,  to  throw  a  light  in  clear  weather  that  will 
enable  the  operator  of  the  same  to  plainly  discern  an  ob- 
ject the  size  of  a  man,  at  a  distance  of  not  less  than  800 
feet,  and  thereafter  to  maintain  and  use  such  headlights 
upon  every  such  locomotive,  vehicle  car  or  other  equip- 
ment, when  the  same  Is  operated  at  night-time. 

Penalty.  2.  Any  corporation  violating  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  $100  nor  more  than  $500  for 
each  offense,  and  in  addition  shall  be  liable  for  all  damages 
resulting  in  whole  or  in  part,  directly  or  indirectly,  from 
such  violation. 

Ch.  29,  1911. 

Railroad  fences — Cattle  guards  and  farm  crossings. 
§  1810.  1.  Every  railroad  corporation  operating  any  rail- 
road shall  erect  and  maintain  on  both  sides  of  any  portion 
of  its  road  (depot  grounds  excepted)  good  and  sufficient 
fences  of  the  height  of  .  .  .  not  less  than  50  inches, 
with  openings  or  gates  or  bars  therein,  and  suitable  and 
convenient  farm  crossings  of  the  road  for  the  use  of  the 
occupants  of  the  lands  adjoining,  and  shall  construct  and 
maintain  cattle  guards  at  all  highway  crossings  and  con- 
nect their  fences  therewith  to  prevent  cattle  and  other 
domestic  animals  from  going  on  such  railroad;  provided, 
that  the  provisions  of  this  section  requiring  cattle  guards 
shall  not  apply  to  any  crossing  located  in  a  city  or  incor- 
porated village. 

Effect  on  liaUlity  for  damages.  2.  All  roads  hereafter 
built  shall  be  so  fenced  and  such  cattle  guards  be  made 
within  .  .  .  one  month  from  the  time  of  commencing 
to  operate  the  same,  so  far  as  operated.  Until  such 
fences  and  cattle  guards  shall  be  duly  made  every  railroad 
corporation  owning  or  operating  any  such  road  shall  be 
liable  for  all  damages  done  to  cattle,  horses  or  other  do- 
mestic animals,  or  persons  thereon,  occasioned  in  any  man- 
ner, in  whole  or  in  part,  by  the  want  of  such  fences  or 
cattle  guards;  but  after  such  fences  and  cattle  guards 
shall  have  been  in  good  faith  constructed  such  liability 
shall  not  extend  to  damages  occasioned  in  part  by  con- 
tributory negligence,  nor  to  defects  existing  without  neg- 
ligence on  the  part  of  the  corporation  or  its  agents. 

Barbed  wire  fence  sufflcient.  3.  A  barbed  wire  fence 
consisting  of  not  less  than  five  barbed  wires,  with  at  least 
40  barbs  to  the  rod,  firmly  fastened  to  posts,  well  set,  not 
more  than  16%  feet  apart,  with  one  good  stay  between,  the 
top  wire  not  less  than  48  inches  high  and  the  bottom  wire 
not  more  than  eight  inches  from  the  ground,  and  the  spaces 
between  the  bottom  and  second  and  second  and  third  wires 
from  the  ground  not  more  than  eight  inches  each,  shall  be 
deemed  a  good  and  sufficient  fence.  .  .  .  except  xohere 
such  right  of  way  borders  on  premises  cultivated  or  used 
for  pasture. 

Legal  fence  required  through  pasture.  4.  Where  the 
right  of  way  of  any  railroad  corporation  borders  upon 
premises  cultivated  or  used  for  pasture,  such  railroad  cor- 
poration shall  erect  and  maintain  on  both  sides  of  such 
portion  of  its  right  of  way  a  legal  fence  complying  with 
the  requirements  of  §  1390a  of  the  statutes. 

No  fence  where  road  passes  through  swamps,  etc.  5.    No 


fence  shall  be  required  in  places  where  the  proximity  of 
ponds,  lakes,  water-courses,  ditches,  hills,  embankments  or 
other  sufficient  protection  renders  a  fence  unnecessary  to 
protect  cattle  or  other  domestic  animals  from  straying  upon 
the  right  of  way  or  track;  provided,  that  nothing  herein 
shall  effect  or  render  unlawful  any  fence  built  by  any  rail- 
road company  prior  to  the  thirtieth  day  of  March,  1881 
Ch.  402,  1911.- 

Railroads  to  provide  fences,  farm  crossings  and  cattle 
guards— Penalty.  §  1813.  1.  Whenever  any  railroad  cor- 
poration shall  operate  a  railroad  over  or  through  inclosed 
lands  and  shall  fail  to  construct  the  fences,  farm  crossings 
or  cattle  guards  required  by  §  1810,  proper  for  the 
use  of  such  lands,  the  owner  or  occupant  thereof  may  give 
notice  in  writing  signed  by  him  to  such  corporation,  to  be 
served  as  a  summons  in  a  court  of  record  is  required  to  be 
served  on  such  corporation,  to  fence  its  road  so  running 
through  his  inclosed  lands,  describing  the  same,  and  con- 
struct the  necessary  farm  crossings  and  cattle  guards 
thereon. 

Notice  to  construct  fence.  2.  If  such  company,  after 
being  so  notified,  neglect  for  three  months  so  to  construe: 
such  fences,  farm  crossings  and  cattle  guards,  it  shall  bo 
liable  to  pay  to  such  owner  or  occupant  $10  for  each  day 
after  the  expiration  of  said  three  months  until  so  con- 
structed. 

3.    But  no  time  between  any  first  day  of  November  anc 

the  first  day  of  April  next  succeeding  shall  be  included  ir 

the  three  months  aforesaid. 

Ch.  623,  1907. 


11 


Personal  injuries — Damages.  §  1816.  Every  railroL, 
company  shall  be  liable  for  damages  for  all  Injuries 
whether  resulting  in  death  or  not,  sustained  by  any  of  its 
employes,  subject  to  the  provisions  hereinafter  contained 
regarding  contributory  negligence  on  the  part  of 
injured  employe. 

Ch.  254,  1907. 

Defective  roadbed  and  machinery.     1.     When  such  in- 
jury is  caused  by  a  defect  in  any  locomotive  engine,  car, 
rail,  track,  roadbed,  machinery  or  appliance  used  by  Its 
employes  in  and  about  the  business  of  their  employme 
Ch.  254,  1907. 


il 


ll 


ties 


Fellow  employes'  negligence.  2.  When  such  injury  si 
have  been  sustained  by  any  officer,  agent,  servant  or  em 
ploye  of  such  company,  while  engaged  In  the  line  of  his 
duty  as  such  and  which  such  injury  shall  have  been  caused 
in  whole  or  in  greater  part  by  the  negligence  of  any  other 
officer,  agent,  servant  or  employe  of  such  company,  in  the 
discharge  of,  or  by  reason  of  failure  to  discharge  his  duties 
as  such. 

Ch.  254,  1907. 

Court's  questions  to  jury.  3.  In  every  action  to  reco' 
for  such  injury  the  court  shall  submit  to  the  jury  the  fol- 
lowing questions:  First,  whether  the  company,  or  an 
officer,  agent,  servant  or  employe  other  than  the  person 
Injured  was  guilty  of  negligence  directly  contributing  to 
the  injury;  second,  if  that  question  is  answered  in  the 
affirmative,  whether  the  person  injured  was  guilty  of  any 
negligence  which  directly  contributed  to  the  Injury;  third, 
if  that  question  is  answered  in  the  affirmative,  whether  the 
negligence  of  the  party  so  injured  was  slighter  or  greater 
as  a  contributing  cause  to  the  injury  than  that  of  the  com- 
pany, or  any  officer,  agent,  servant  or  employe  other  than 
the  person  so  injured;  and  such  other  questions  as  may  be 
necessary. 

Ch.  254,  1907. 

Comparative  negligence.  4.  In  all  cases  where  the  ju'^ 
shall  find  that  the  negligence  of  the  company,  or  any 
officer,  agent  or  employe  of  such  company,  was  greater 
than  the  negligence  of  the  employe  so  injured,  and  contrib- 
uting in  a  greater  degree  to  such  injury,  then  the  plaintiff 
shall  be  entitled  to  recover,  and  the  negligence,  if  any,  of 
the  employe  so  injured  shall  be  no  bar  to  such  recove 
Ch.  254,  1907. 

Question  for  jury.  5.  In  all  cases  under  this  Act 
question  of  negllge^ce  and  contributory  negligence  a 
be  for  the  jury. 

Ch.  254,  1907. 

Contracts  and  rules  subordinate.  6.  No  contract  or 
receipt  between  any  employe  and  a  railroad  company,  no 
rule  or  regulation  promulgated  or  adopted  by  such  com- 


r,  of 


PuiJLic  Service  Laws 


lt49 


pany  and  no  contract,  rule  or  regulation  In  regard  to  any 
notice  to  be  given  by  sucli  employe  shall  exempt  such  cor- 
poration from  the  full  liability  Imposed  by  this  Act. 
Ch.  254,  1907. 
"Railroad  company"  defined.  7.  The  phrase  "railroad 
company,"  as  used  in  this  Act,  shall  be  taken  to  embrace 
any  company,  association,  corporation  or  person  manag- 
ing, maintaining,  operating,  or  in  possession  of  a  railroad 
in  whole  or  in  part  within  this  State  whether  as  owner, 
contractor,  lessee,  mortgagee,  trustee,  assignee  or  receiver. 
Ch.  254,  1907. 
Conflict  of  laws.  8.  In  any  action  brought  in  the  courts 
of  this  State  by  a  resident  thereof,  or  the  representative  of 
a  deceased  resident,  to  recover  damages  in  accordance 
with  this  Act,  where  the  employe  of  any  railroad  company 
owning  or  operating  a  railroad  extending  into  or  through 
this  State  and  into  or  through  any  other  State  or  States 
shall  have  received  his  injuries  in  any  other  State  where 
such  railroad  is  owned  or  operated,  and  the  contract  of  em- 
ployment shall  have  been  made  in  this  State,  it  shall  not 
be  competent  for  such  railroad  company  to  plead  or  prove 
the  decisions  or  statutes  of  the  state  where  such  person 
shall  have  been  injured  as  a  defense  to  the  action  brought 
In  this  State. 

Ch.  254,  1907. 
Shop  or  office  employes.  9.  The  provisions  of  this  act 
shall  not  apply  to  employes  working  in  shops  or  offices. 
Ch.  254,  1907. 
Railroad  may  insure  against  damages  by  sparks  from 
locomotive.  §  1816a.  1.  Each  railroad  corporation  owning 
or  operating  a  railroad  in  this  State  shall  be  responsible 
in  damages  to  every  person  and  corporation  whose  prop- 
erty may  be  injured  or  destroyed  by  fire  communicated 
directly  or  indirectly  by  locomotive  engines,  in  use  upon 
the  railroad  owned  or  operated  by  such  railroad  cor- 
poration, or  by  the  burning  of  grass,  weeds  or  rubbish  on 
right  of  way  by  employes  of  such  corporation,  and  each 
such  railroad  corporation  shall  have  an  insurable  interest 
in  the  property  upon  the  route  of  the  railroad  owned  or 
operated  by  it,  and  may  procure  insurance  thereon  in  its 
own  behalf  for  its  protection  against  such  damages. 

Double  damages  in  certain  cases.  2.  Whenever  the 
property  owned  by  any  person  or  corporation  shall  be  in- 
jured or  destroyed  by  fire  communicated  by  locomotives  in 
use  upon  any  railroad  owned  or  operated  by  a  railroad  cor- 
poration, or  by  the  burning  of  grass,  weeds  and  rubbish  on 
the  right  of  way  by  employes  of  such  corporation,  so  as  to 
render  the  railroad  corporation  liable,  under  subsection  1  of 
this  section,  or  otherwise,  the  owner  of  such  property  in- 
jured or  destroyed  may  recover  damages  for  such  loss,  and 
to  recover  the  same  it  shall  only  be  necessary  for  him  to 
prove  the  loss  of  or  injury  to  his  property,  and  that  the  fire 
originated  in  the  manner  hereinbefore  stated.  If  such  cor- 
poration fails  or  neglects  to  pay  such  damage  within  60 
days  after  notice  in  writing  that  a  loss  or  injury  has  oc- 
curred, accompanied  by  an  affidavit  thereof,  served  upon 
any  officer  or  station  or  ticket  agent  employed  by  such 
corporation  in  the  county  where  such  loss  or  injury  oc- 
curred, such  owner  shall  be  entitled  to  recover  from  the 
corporation  double  the  amount  of  damages  actually  sus- 
tained by  him  in  any  court  of  competent  jurisdiction.  If 
such  company  shall,  within  60  days,  offer  in  writing  to  pay 
a  fixed  sum,  being  the  full  amount  of  the  damages  sus- 
tained, and  the  owner  shall  refuse  to  accept  the  same, 
then  in  any  action  thereafter  brought  for  such  damages, 
when  such  owner  recovers  a  less  sum  as  damages  than  the 
amount  so  offered,  then  such  owner  shall  recover  only  his 
damages,  and  the  railway  company  shall  recover  its  costs. 
Ch.  245,  1911. 
Penalty  (for  violation  of  §  nos  to  §  ISIT).  §  1819.  1. 
If  any  railroad  corporation,  its  officers,  agents  or  servants 
violate  or  fail  to  comply  with  any  provisions  of  §  1798  to 
§  1817,  inclusive,  such  corporation  shall  for  every  violation 
or  failure  forfeit  not  less  than  $10  nor  more  than  $1,000 
and  be  liable  to  the  person  injured  for  all  damages  sus- 
tained thereby. 

2.    All  forfeitures  recovered  shall  inure  to  the  State. 

Ch.  622,  1907. 
Stock  may  be  increased  for  what  purposes.  §  1826.  The 
capital  stock  of  any  such  corporation  may  be  increased 
to  such  an  amount  as  may  by  its  stockholders  be  deemed 
necessary  for  the  purchase  or  construction  of  any  rail- 
road   which    It    may    be    legally    empowered    to    purchase 


cr  construct;  for  additions  to,  or  improvements  of,  its 
railroad  or  property;  for  additional  equipment  which 
may  be  necessary  in  the  operation  of  its  railroad;  for 
leal  estate  that  may  be  needed  by  said  corporation  for 
railway  purposes;  and  for  the  purchase,  construction, 
and  equipment  of  any  extension,  branch,  or  addition  to 
any  railroad,  the  capital  stock  of  which  is  owned  or  held 
:n  trust  for  said  corporation,  by  a  majority  vote  of  all 
its  stock,  in  person  or  by  proxy  at  any  annual  meeting, 
or  at  any  meeting  called  by  its  directors  for  that  purpose. 
by  a  notice  in  writing  to  each  stockholder,  to  be  served 
on  him  personally  or  by  depositing  the  same  in  the 
post-office,  postage  paid,  properly  directed  to  him  at 
the  post-office  nearest  his  usual  place  of  residence, 
tit  least  20  days  prior  to  such  meeting.  Such  notice  shall 
state  the  time  and  place  of  such  meeting,  its  object, 
and  the  amount  to  which  it  is  proposed  to  increase 
such  capital  stock.  No  vote  in  favor  of  such  increase 
shall  take  effect  until  the  proceedings  of  such  meeting, 
showing  the  names  of  all  of  the  stockholders  voting  there- 
for and  the  amount  of  stock  owned  by  each,  shall  be  en- 
tered upon  the  records  of  such  corporation  nor  until  the 
railroad  commission  shall  have  issued  its  certificate  that 
such  increase  of  stock  is  reasonably  necessary  to  accom- 
plish the  objects  of  the  incorporation  of  such  rail- 
road company.  Every  such  corporation  so  increasing 
its  capital  stock  shall  file  with  the  secretary  of  State, 
whenever  issues  of  stock  shall  be  made  under  this 
section,  a  report  showing  the  amount  issued  and  the 
purposes  to  which  it  has  been,  or  is  to  be,  devoted, 
which  report  shall  be  verified  by  the  oath  of  the  presi- 
dent or  the  general  manager  thereof,  and  of  the  chief 
engineer. 

Ch.  530,  1909. 
Railroads  may  construct  over  or  under  intersecting  ways. 
§  1828—5.  Subject  to  the  provisions  of  §  1836  to  con- 
struct its  railroad  across,  over,  under,  along  or  upon  any 
stream  of  water,  water-course,  street,  highway,  plank 
load,  turnpike  or  canal  which  its  route  shall  intersect 
or  touch;  to  carry  any  highway,  street,  turnpike  or  plank 
load  which  it  shall  touch,  intersect  or  cross  over  or 
iinder  its  track  as  may  be  most  expedient  for  the  public 
good;  to  change  the  course  and  direction  of  any  high- 
way, street,  turnpike  or  plank  road  when  made  neces- 
sary or  desirable  to  secure  more  easy  ascent  or  descent 
by  reason  of  any  embankment  or  cut  made  in  the 
construction  of  the  railroad  and  take  land  necessary 
therefor;  provided,  such  highway  or  road  be  not  so 
changed  from  its  original  course  more  than  six  rods, 
nor  its  distance  thereby  lengthened  more  than  five 
rods. 

Ch.  613,  1907. 
Railway  spurs — Use  of  streets,  alleys  and  lanes — City's 
consent  requisite.  §  1831a.  Every  railway  company  exist- 
ing in  whole  or  in  part  under  any  law  of  this  State 
and  operating  a  railway  therein  may  build,  maintain 
and  operate  branches  and  spur  tracks  from  its  road 
or  any  branch  thereof  to  and  upon  the  grounds  of  anv 
mill,  elevator,  storehouse,  warehouse,  dock,  wharf,  pier, 
manufacturing  establishment,  lumber  yard,  coal  dock 
or  other  industry  or  enterprise,  with  all  side  tracks, 
storage  tracks,  wyes,  turnouts  and  connections  neces- 
sary or  convenient  to  the  use'  of  the  same;  and  every 
such  company  may  acquire  by  purchase  or  condemnation 
in  the  manner  provided  in  this  chapter  for  the  acquisi- 
tion of  real  estate  for  railway  purposes,  other  than  for 
its  main  track,  all  necessary  roadways  and  rights  of  way 
for  such  branches,  spur  tracks,  side  tracks,  storage 
tracks,  wyes,  turnouts  and  connections;  and  every  such 
company  may  also  acquire,  in  the  same  manner,  such 
depot  grounds,  yards,  grounds  for  roundhouses,  machine 
shops,  warehouses,  storehouses,  elevators,  docks,  wharves 
tnd  piers  as  may  be  necessary  and  convenient  for  the 
enjoyment  and  use  of  its  road.  Provided,  however,  that 
if  any  such  branches  and  spur  tracks  as  are  mentioned 
in  this  section  shall  be  constructed  across,  along  or  upon 
any  street,  lane,  or  alley,  at  grade  or  otherwise,  within 
the  corporate  limits  of  any  city,  however  organized, 
such  branches  and  spur  tracks  shall  not  be  so  con- 
structed until  application  therefor  shall  have  been  made 
to  and  acted  uvon  by  the  proper  authorities  of  such 
city.  The  proper  authorities  of  such  city  may  pre- 
scribe any  reasonable  terms  and  conditions  for  the  con- 
struction of  any  such   branch  and  spur  track.     The  provl- 


14-60 


National  Association  of  Eailway  Commissioners 


slons  of  the  preceding  section  shall  not  apply  so  as  to  af- 
fect this  section  if  the  branches  and  spur  tracks  herein 
mentioned  shall  not  exceed  five  miles  in  length  from  the 
main  track  or  any  branch  of  the  main  road. 

Ch.  262,  1907. 
Culverts,  etc.,  abandonment.  §  1836m.  It  shall  be  un- 
lawful for  any  railroad  to  so  fill  in,  close  up,  or  fence 
in  any  waterway,  culvert,  or  underneath  cattle  pass  of  a 
size  sufficient  to  permit  the  passage  of  cattle  or  other 
stock  which  shall  have  been  maintained,  allowed  or  per- 
mitted to  be  in  and  used  as  a  passageway  for  cattle  or 
other  stock  through  or  across  the  right  of  way  for  a 
period  of  five  years  as  to  prevent  its  use  as  a  passageway 
for  cattle  or  other  stock  without  having  first  secured  the 
consent   in    writing  of   the    abutting   land   owners. 

Ch.  349,  1909. 

STREET  AND  INTERURBAN  RAILWAYS. 
Formation  and  powers  of  street  railways — Franchises. 
§  1862.  Corporations  for  constructing,  maintaining  and 
operating  street  railways  may  be  formed  under  chapter 
86,  and  shall  have  powers  and  be  governed  accordingly. 
Any  municipal  corporation  or  county  may  grant  to  any 
such  corporation,  under  whatever  law  formed,  or  to 
any  person  who  has  the  right  to  construct,  maintain 
and  operate  street  railways  the  use,  upon  such  terms 
as  the  proper  autljorities  shall  determine,  of  any  streets, 
parkways  or  bridges  within  its  limits  for  the  purpose 
of  laying  single  or  double  tracks  and  running  cars 
thereon  for  the  carriage  of  freight  and  passengers,  to  be 
propelled  by  animals  or  such  other  power  as  shall  be 
cgreed  on,  with  all  the  necessary  curves,  turnouts, 
switches  and  other  conveniences.  Every  such  road  shall 
be  constructed  upon  the  most  approved  plan  and  be 
subject  to  such  reasonable  rules  and  regulation  and  the 
payment  of  such  license  fees  as  the  proper  municipal 
authorities  may  by  ordinance,  from  time  to  time, 
prescribe.  Any  such  grants  heretofore  made  shall  not 
be  invalid  by  reason  of  any  want  of  power  in  such 
municipal  corporation  to  grant,  or  any  such  railway 
corporation  or  person  to  take  the  same;  but  in  such  re- 
spects are  hereby  confirmed. 
Ch.  39,  1911. 

Interurban  railways — Depots — Location — Construction — 
Expenses.  §  1862g.  1.  Every  interurban  railway  company 
within  .  .  .  six  months  after  the  passage  and  publica- 
tion of  this  Act  shall  provide  at  least  one  suitable  depot  or 
waiting  room  at  every  city  or  village,  whether  Incorporated 
or  not,  .  .  .  through  or  to  which  such  railway  shall 
extend,  and  shall  also  provide  a  suitable  depot  or  waiting 
room  at  every  junction  point  where  it  shall  discharge  pas- 
sengers for  the  purpose  of  continuing  their  journey  upon 
another  branch  of  its  own  line,  and  shall  also  by  agreement 
with  every  other  street,  steam  or  interurban  railroad  with 
which  it  shall  have  a  traffic  arrangement  for  the  sale  of 
through  tickets,  provide  similar  suitable  facilities  at  every 
Junction  point,  and  upon  petition  therefor  to  any  Interurban 
railway  company  by  any  town  board  or  by  twenty-five  resi- 
dents of  any  town,  such  railway  company  shall  provide  a 
suitable  waiting  room  or  shelter  at  any  highway  crossing 
within  such  town,  outside  the  limits  of  any  city  or  village, 
where  it  receives  and  discharges  passengers.  Provided, 
that  the  railroad  commission  of  Wisconsin  shall  have  power 
to  relieve  any  such  railway  company  from  the  duty  of  con- 
structing such  waiting  room  or  shelter  at  highway  cross- 
ings, or  at  any  other  place  along  its  line,  where  it  shall  be 
made  to  appear  that  the  volume  of  traffic  or  the  proximity 
to  such  crossing  or  other  place  of  a  suitable  shelter  is  such 
that  the  construction  of  such  waiting  room  or  shelter  is  not 
necessary  for  the  adequate  protection  of  passengers.  The 
railroad  commission  of  Wisconsin  shall  have  power  to 
determine,  upon  complaint,  whether  any  depot  or  wait- 
ing room  so  provided  is  suitable  in  construction  or 
location;  and  in  case  of  the  failure  of  said  connecting 
lines  to  agree  on  the  place  of  location  or  division  of 
expense  of  erection  or  maintenance  of  such  depot  or 
waiting  room  at  junction  points  as  aforesaid,  said  com- 
mission shall  have  the  power  to  determine  all  matters  in 
dispute  in  reference  thereto  on  application  of  either 
party. 

Ch.   353,  1909;   ch.  366,  1911. 

Penalty.  2.  Any  such  corporation  neglecting  or  refus- 
ing to  comply  with  any  of  the  foregoing  provisions  shall 


forfeit  and  pay  a  penalty  to  the  State  of  not  less  than 
$50  nor  more  than  $500.  Each  day  that  any  such  rail- 
N'-ay  shall  be  operated  in  violation  of  the  foregoing 
provisions    shall    be   deemed   a    separate   offense. 

Ch.  353,  1909. 
3.  Any  person  who  shall  wilfully,  maliciously  or 
wantonly  destroy,  Injure,  deface  or  damage  any  portion 
of  any  such  depot  or  waiting  room,  or  destroy,  remove 
or  injure  any  personal  property  of  any  interurban  or 
other  railway  company  therein,  or  who  shall  commit 
any  nuisance  therern,  shall  be  punished  by  imprisonment 
in  the  county  jail  not  .  .  .  less  than  six  months  nor 
more  than  one  year,  or  by  fine  not  .  .  .  less  than  $.10 
nor  more  than     .     .     .     $250. 

Ch.   353,   1909:    ch.   366,   1911. 

Forfeiture  of  street  railway  franchise  for  five  years  non- 
user.  §  1862h.  1.  When  any  street  railway  company  shall 
fail,  for  a  period  of  five  years,  to  operate  its  cars  for  reg- 
ular passenger  service  over  any  street  in  any  city,  village, 
or  town,  upon  which  a  franchise  or  permit  shall  have  been 
granted  it,  the  common  council  of  such  city,  the  village 
board  of  such  village,  or  the  board  of  supervisors  of  such 
town,  may  by  a  two-thirds  vote  declare  such  franchise  or 
permit  forfeited  as  to  the  street  or  portion  thereof  so 
neglected;  provided  that  tracks  upon  any  street,  not  ex- 
ceeding two  blocks,  used  for  switching  and  emergency 
purposes,  may  be  retained  by  any  such  company  though 
cars  are  not  regularly  operated  thereon,  and  providing 
that  no  such  forfeiture  shall  be  declared  prior  to  the 
first  day  of  July,  1912. 

2.  When  any  franchise  or  permit  granted  to  any  stre 
railway  company  contains  no  limitations  as  to  the  tinfl 
within  which  the  railway  should  be  constructed,  sucf 
franchise  or  permit  shall  terminate  at  the  expiration 
five  years  from  the  date  thereof,  as  to  all  streets  and  po^ 
tions  of  streets  upon  which  such  railway  has  not  bee 
constructed  or  has  been  constructed  and  taken  up;  Pr<j 
vided.  That  as  to  franchises  and  permits  heretofore  grante 
no  such  forfeiture  shall  go  into  effect  prior  to  the  firal 
day  of  July.  1913. 
Ch.  528,  1911. 

Interurban  cars — Heating — Thermometer — Penalty. 
1862m.  1.  It  shall  be  unlawful  to  operate  any  interurban  c; 
or  street  car  between  the  fifteenth  day  of  October 
one  year  and  the  succeeding  fifteenth  day  of  April,  unless 
such  car  is  provided  with  a  reliable  thermometer,  placed 
In  a  conspicuous  place  at  or  about  the  center  of  such  carj 
and  a  suitable  heating  apparatus,  and  a  temperature  of  n 
less  than  60  degrees  Fahrenheit  at  or  about  the  center 
such  car  is  maintained  when  reasonably  possible  so  to  di 
while  such  car  is  in  actual  use  for  passenger  traffic. 

2.     Any  such  corporation  neglecting  or  refusing  to  co 
ply  with  any  of  the  foregoing  provisions  shall  forfeit  an 
pay  a  penalty  to  the  State  of  not  less  than  |50  nor  more 
than  $100.     Each  day  that  such  car  is  operated  in  viola- 
tion of  the  foregoing  provisions  shall  be  deemed  a  separa 
offense. 

Ch.  311,  1909. 

May  extend  railways  into  adjoining  municipalitiea\ 
powers  of  council — License  fees.  §  1863.  Any  street  rail-' 
way  corporation  may  extend  its  railway  to  any  point  within 
any  town  adjoining  the  municipality  from  which  it  de- 
rived Its  franchise,  and  for  such  purpose  may,  with  the 
written  consent  of  a  majority  of  the  supervisors  of  such 
town,  lay  and  operate  its  railway  upon,  across  and  along 
any  highway,  but  not  so  as  to  obstruct  common  public 
travel  thereon.  Corporations  may  be  formed  and  governed 
in  like  manner  as  is  provided  in  §  1862  for  the  purpose  of 
building,  maintaining  and  using  railways  with  rails  of 
wood  or  iron  in  any  city,  village  or  town,  or  to  extend  from 
any  point  in  one  city,  village  or  town  to,  into  or  through 
any  other  city,  village  or  town,  and  for  running  cars 
propelled  by  animals  or  other  power  for  the  carriage  of 
either  passengers  or  freight;  and  for  that  purpose,  with  the 
consent  of  the  common  council  of  any  city,  the  board  ot, 
trustees  of  any  village  and  the  written  consent  of  a  ma^ 
jority  of  the  supervisors  of  any  town  in.  Into  or  througl 
which  such  railway  or  tramway  may  extend,  may  lay  am 
operate  their  railways  or  tramways  upon,  across  and  aloni 
any  highway,  but  not  so  as  to  obstruct  the  common  publii 
travel  thereon.  In  any  city  or  village  the  consent  o 
the  common  council  or  board  of  trustees  shall  be  given  b; 
ordinance,    and    upon    such    terms    and    subject    to    sue! 


re 

la-       , 

1 


Public  Service  Laws 


14:>l 


rules  and  regulations  and  the  payment  of  such  license  fees 
as  the  common  council  or  board  may  from  time  to  time 
prescribe;  Provided,  That  the  common  council  or  board 
shall  not  alter  or  change  the  license  fee  prescribed  for 
any  such  corporation  oftener  than  once  in  each  five 
years. 

Ch.  274,  1911. 
Btreet  railways— Hight  of  way— Condemnation.  §  1863a. 
1.  Any  street  or  electric  railway  corporation  may  lay  out 
Its  right  of  way  not  exceeding  100  feet  in  width  and 
acquire  the  same  by  condemnation  and  to  construct  its  rail- 
way thereon;  and  may  acquire  a  right  of  way  not  exceeding 
two  rods  in  width,  for  the  purpose  of  conveying  or  trans- 
mitting electrical  current  from  the  power  house  where  the 
same  is  generated  to  the  electric  or  street  railway  system 
operated  thereby,  and  for  the  purpose  of  furnishing  light, 
heat,  and  power  tor  public  purposes,  wherever  such  corpora- 
tion has  constructed  its  railway  on  any  street  or  highway 
under  a  franchise  granted  to  it  by  any  town  or  village 
board  or  city  council,  such  corporation  shall  not,  during 
the  term  of  such  franchise,  abandon  or  discontinue  any 
part  of  such  railway  on  a  public  street  or  highway  within 
any  town,  village  or  city  without  the  consent  of  the  proper 
town  or  village  board  or  city  council. 

Ch.  580,  1907. 

Additional  purposes.  2.  For  the  purposes  of  cuttings 
and  embankments  and  of  obtaining  gravel  or  other  ma- 
terial such  railway  may  take  as  much  more  land  as  may 
be  necessary  for  the  proper  construction,  operation  and 
security  of  the  road  and  cut  down  any  standing  trees 
that  may  be  in  danger  of  falling  on  the  road,  making 
compensation  therefor  as  provided  in  chapter  87  of  the 
statutes,  for  lands  taken  by  railroad  companies,  and  any 
such  street  or  electric  railway  corporation  may  acquire  by 
purchase,  grant  or  condemnation  and  may  hold  or  use 
such  real  estate  or  other  real  or  personal  property  as  may 
be  necessary  for  the  construction,  maintenance  and  opera- 
tion of  its  railroad  and  of  the  stations,  depot  grounds  and 
other  accommodations  reasonably  necessary  to  accomplish 
the  objects  of  incorporation:  and  wh^n  reasonably  neces- 
sary may  take  and  acquire  by  condemnation  or  otherwise 
the  right  to  run  its  cars  over  any  bridge  owned  by  any 
city  of  the  second,  third  and  fourth  classes,  towns  and 
villages,  and  the  approaches  thereto,  on  the  rails  of  any 
other  .street  or  electric  railway  which  it  may  meet,  join, 
intersect  or  cross. 

Ch.  580,  1907. 
Other  lines — Poiver  to  intersect,  join,  unite — Passage  of 
trains.  3.  All  the  provisions  of  subsection  6  of  §  1828 
of  these  statutes  relative  to  railroad  crossings  shall  apply 
to  street  and  electric  railways.  The  commissioners  therein 
named  shall  have  power  to  determine  the  place  at  and 
manner  in  which  grade  or  other  crossings  shall  be  made, 
and  on  appeal  from  the  determination  and  award  of  such 
commissioners  to  the  Circuit  Court  as  provided  by  this 
chapter,  in  condemnation  proceedings,  such  court  shall  have 
power  to  review,  reverse,  modify  or  affirm  such  award,  both 
as  to  the  amount  of  compensation  therein  provided  and 
as  to  the  manner  of  making  such  crossing,  and  may  make 
such  reasonable  provisions  as  it  shall  deem  necessary  tor 
public  safety;  Provided,  The  provisions  of  §  1808  of  the 
statutes  shall  not  apply  to  trains  operated  by  steam  at 
crossings  of  such  electric  railways,  and  provided  further, 
that  the  appeal  herein  authorized  shall  not  prevent  the 
construction  of  such  crossing  in  the  manner  determined 
by  the  commissioners,  and  the  use  of  the  same  by  the 
petitioner  upon  the  filing  of  such  determination  and  award, 
witii  the  clerk  of  the  Circuit  Court  and  the  payment  of  the 
amount  of  compensation  awarded  to  the  .railroad  com- 
pany, or  to  the  clerk  of  the  court  for  its  benefit;  but  the 
Circuit  Court  may  in  its  discretion  require  the  petitioning 
company  to  maintain  a  flagman  or  other  safeguard  at 
such  crossing   pending  the  determination  of  such   appeal. 

Ch.  580,  1907. 
Surveys.  4.  Such  railways  shall  have  the  power  to 
cause  such  examination  and  surveys  tor  its  proposed  rail- 
road to  be  made  as  may  be  necessary  to  the  selection  of  the 
most  advantageous  route,  and  for  such  purpose,  by  its 
officers  or  agents  and  servants,  to  enter  upon  the  lands  or 
waters  of  any  person,  but  subject  to  responsibility  for  all 
damage  which  shall  be  done  thereto. 

Ch.  580,  1907. 

Right   of  eminent  domain.     5.     All  the  provisions  of 


these  statutes  relating  to  the  exercise  of  eminent  domain  by 
railroad  companies  shall  apply  to  street  and  electric  rail- 
way corporations,  but  nothing  herein  shall  apply  to  any 
park  or  boulevard  in  any  city  or  village,  nor  to  any  street, 
alley,  bridge  or  viaduct  therein,  unless  the  use  of  such 
park,  boulevard,  street,  alley,  bridge  or  viaduct  shall  first 
be  granted,  upon  such  terms  and  conditions  as  the  proper 
authorities  shall  determine,  to  such  street  or  electric  rail- 
way company  by  a  franchise  duly  passed  by  the  board  of 
trustees  or  common  council  of  such  village  or  city;  and 
nothing  herein  shall  apply  to  the  right  of  any  park,  boule- 
vard, street,  alley,  bridge  or  viaduct  within  its  limits.  As 
far  as  applicable  the  provisions  of  §§  1810,  1811,  1812,  1813 
and  1814  of  the  statutes,  relating  to  the  construction 
and  maintenance  of  fences  and  cattle  guards  by  railroad 
companies,  shall  apply  to  street  and  electric  railways. 
Ch.  580,  1907;  ch.  90,  1909. 

Electrical  current.  6.  All  the  provisions  of  these 
statutes  relative  to  condemnation  for  the  purpose  of  ac- 
quiring a  right  of  way  on  which  to  construct  and  operate 
its  railway,  shall  apply  to  acquiring  such  right  of  way  for 
the  purpose  of  transmitting  electrical  current  as  aforesaid; 
provided,  nothing  herein  contained  shall  be  deemed  to 
authorize  such  street  or  electric  railway  corporation  to  ac- 
quire any  right  of  way  for  either  or  both  purposes,  exceed- 
ing 100  feet  in  width. 

Levy  on  corporate  stock — Banks — Railroads — Service. 
§  2989.  Any  share  or  interest  of  a  stockholder  in  any  bank 
doing  business  in  this  State,  whether  organized  under  the 
laws  of  the  United  States  or  this  State,  or  other  stock  cor- 
poration which  shall  have  been  organized  under  the  laws 
of  this  State,  may  be  levied  upon  by  leaving  a  copy  of  the 
execution  with  the  clerk,  treasurer,  or  cashier  of  the  bank 
or  other  corporation,  if  there  be  any  such  officer;  other- 
wise, with  any  officer  or  person  who  has  at  the  time  the 
custody  of  the  books  and  papers  of  such  bank  or  corpora- 
tion. The  officer  having  such  execution  may  demand  of 
any  such  officer  or  person  a  certificate  of  the  number  of 
shares  or  the  amount  of  the  interest  held  by  the  judgment 
debtor  in  such  bank  or  other  corporation,  and  such  officer 
or  person  shall  give  such  certificate,  and  if  he  shall  unrea- 
sonably refuse  so  to  do  or  wilfully  give  a  false  certificate, 
shall  be  liable  for  double  the  amount  of  all  damages  occa- 
sioned thereby,  to  be  recovered  in  an  action  by  the  judg- 
ment creditor,  unless  the  judgment  be  satisfied  by  the 
original  debtor.  It  levy  is  desired  on  shares  of  any  domes- 
tic railroad  corjjoration  not  having  its  principal  office  with- 
in this  State,  \Yhich  shall  fail  to  keep  in  such  office  its 
general  and  principal  books  of  account,  including  its  stock 
books,  and  whose  principal  managing  officer  or  superintend- 
ent shall  not  reside  within  this  State,  such  copy  of  execu- 
tion may  be  left  by  the  officer  having  such  execution  with 
any  station  agent  within  this  State,  of  such  railroad  cor- 
poration, and  such  station  agent  shall  upon  demand  of 
such  officer  procure  such  certificate  within  20  days  there- 
after, failing  which,  or  if  such  railroad  corporation  through 
its  said  agent  shall  wilfully  give  a  false  certificate,  the 
officers  of  such  railroad  corporation  shall  be  liable  in  the 
same  manner  as  hereinbefore  provided. 
Ch.  214,  1909. 

Damages  limited— Recovery  of  death  damages — Recipi- 
ent's and  maximum.  §  4256.  Every  such  action  shall  be 
brought  by  and  in  the  name  of  the  personal  representative 
of  such  deceased  person,  and  the  amount  recovered  shall 
belong  and  be  paid  over  to  the  husband  or  widow  of  such 
deceased  person,  if  such  relative  survive  him  or  her;  but  if 
no  husband  or  widow  survive  the  deceased,  the  amount 
recovered  shall  be  paid  over  to  his  or  her  lineal  descend- 
ants and  to  his  or  her  lineal  ancestors  in  default  of  such 
descendants;  but  if  no  husband  or  widow  or  lineal  de- 
scendant or  ancestor  survive  the  deceased,  the  amount 
recovered  shall  be  paid  to  the  brothers  and  sisterg;  and  in 
every  such  action  the  jury  may  give  such  damages,  not 
exceeding  $10,000,  as  they  may  deem  fair  and  just  in  refer- 
ence to  the  pecuniary  injury  resulting  from  such  death  to 
the  relatives  of  the  deceased  specified  in  this  section. 
Ch.  581,  1907. 

♦MUNICIPAL   RAILWAY   TERMINALS. 
(Chapter  247,  1907.) 
Railway   terminals   defined.     §    1.    The   term    "railway 
terminals"   as   used    in    this    Act    shall    include    depots^ 


•Numbers  of  sections  in  statutes  not  designated. 


1452 


National  Association  of  Eailway  Commissioners 


stations,  main  tracks,  belt  lines,  side  track^,  spurs  and 
property  of  whatever  nature  used  in  connection  there- 
with. 

Terminal  lands  and  buildings — Power  to  acquire.  §  2. 
Cities  of  the  first  class  are  hereby  authorized  and  em- 
lowered  to  acquire,  establish,  own  and  operate  railway 
terminals  and  to  permit  connections  therewith  by  private 
I)ersons  and  corporations  and  for  that  purpose  may  con- 
demn lands  and  other  property  in  the  manner  provided 
by  law,  and  may  erect,  keep  and  maintain  such  build- 
ings and  equipment  thereof  as  the  common  council  of 
said  city  shall  by  ordinance  provide. 

Terminal  leases  and  permits — Appeals  to  commission. 
§  3.  Every  city  acquiring  or  establishing  any  railway 
terminals  under  the  provisions  of  this  Act  is  hereby 
authorized  and  empowered  to  rent,  lease  or  permit 
the  use  of  the  same  or  any  part  thereof  upon  such 
terms  and  for  such  compensation  as  may  be  agreed 
upon  between  the  common  council  of  said  city  and 
any  railroad  desiring  to  use  the  same,  and  may  per- 
mit connections  therewith  by  private  persons  or  cor- 
porations by  means  of  spurs  or  side  tracks  on  such 
terms  and  conditions  as  may  be  agreed  upon  between 
the  persons  or  corporations  desiring  to  use  the  same 
and    the   common   council   of   said   city. 

In  the  event  of  the  inability  of  parties  to  agree 
upon  the  terms  for  the  use  of  said  railway  terminals 
either  party  may  appeal  to  the  railroad  commission  of 
Wisconsin,  which  shall  have  power  to  fix  rates  and 
terms. 

Bonds  to  cover  cost — Payable  from  rentals — Maximum 
issue  and  mortgage  security — Foreclosure  with  reservations 
— Popular  vote  requisite.  §  4.  The  cities  acquiring  and  es- 
tablishing railway  terminals  under  the  provisions  of 
this  Act  are  hereby  authorized  and  empowered  to  issue 
"railway  terminal  certificates,"  in  payment  of  the  whole 
or  any  part  of  such  terminals.  Such  railway  terminal 
certificates  shall  not  be  or  become  an  obligation  or 
liability  of  the  city,  or  payable  out  of  any  general  fund 
thereof,  but  shall  be  payable  solely  out  of  a  specified 
portion  of  the  revenue  or  income  to  be  derived  from  the 
rental  of  such,  railway  terminals,  for  the  acquisition 
or  purchase  of  which  they  are  issued.  Such  railway 
terminal  certificates  shall  not  be  issued  and  secured 
on  any  railway  terminal  property  in  amount  in  excess 
of  the  cost  to  the  city  of  such  property,  as  hereinbefore 
provided,  and  10  per  cent  of  such  cost  in  addition  thereto. 

In  order  to  secure  the  payment  of  any  such  railway  ter- 
minal certificates  and  the  interest  thereon,  the  city  may 
convey  by  way  of  mortgage  or  deed  of  trust  any  or  all  of 
the  right  of  way  and  property  acquired  or  to  be  acquired 
through  the  issue  of  such  railway  terminal  certificates, 
which  mortgage  or  deed  of  trust  shall  be  issued  in  such 
manner  as  shall  be  directed  by  the  city  council,  and  ac- 
knowledged and  recorded  in  manner  provided  by  law  for 
the  acknowledgment  and  recording  of  mortgages  on  real 
estate;  and  may  contain  such  provisions  and  conditions  not 
in  conflict  with  the  provisions  of  this  Act,  as  may  be 
deemed  necessary  to  fully  secure  the  payment  of  the  rail- 
way terminal  certificates  described  therein. 

Any  such  mortgage  or  deed  of  trust  may  carry  the 
grant  of  a  privilege  or  right  to  maintain  or  operate  rail- 
way terminal  property  acquired  thereby,  for  a  period  not 
exceeding  20  years  from  the  date  when  such  property  may 
come  into  the  possession  of  any  person  or  corporation  as 
the  result  of  foreclosure  proceedings,  which  privilege  or 
right  may  fix  the  rates  of  fare  and  freight  which  the 
person  or  corporation  securing  the  same  as  the  result  of 
foreclosure,  shall  be  entitled  to  charge  in  the  operation  of 
said  property  for  a  period  not  exceeding  20  years,  subject 
to  authority  of  the  railroad  commission. 

Whenever,  and  as  often  as  default  shall  be  made  in  the 
payment  of  any  railway  terminal  certificates  issued  and 
secured  by  mortgage  or  deed  of  trust  as  aforesaid,  or  In  the 
payment  of  the  interest  thereon  when  due,  and  any  such 
default  shall  have  continued  for  the  space  of  12  months 
after  notice  thereof  has  been  given  to  the  mayor  and  comp- 
troller of  the  city  issuing  such  certificates,  it  shall  be  law- 
ful for  any  such  mortgagee  or  trustee,  upon  the  request 
of  the  holder  or  holders  of  a  majority  in  amount  of  the 
certificates  issued  and  outstanding  under  such  mortgage  or 
deed  of  trust,  to  declare  the  whole  principal  or  all  of  such 
certificates  as  may  be  outstanding,  to  be  at  once  due  and 


II 


JL 


payable,  and  to  proceed  to  foreclose  such  mortgage  or  deed 
of  trust  in  any  court  of  competent  jurisdiction.  At  a  fore- 
closure sale  the  mortgagee  or  the  holders  of  such  certifi- 
cates may  become  the  purchaser  or  purchasers  of  the, 
property  and  the  rights  and  privileges  sold,  if  he  or  th^j 
be  the   highest  bidders.  ll 

Any  terminals  acquired  by  any  such  foreclosure  shall 
be  subject  to  regulation  by  the  common  council  of  the  city 
to  the  same  extent  as  if  the  right  to  construct,  maintain 
and  operate  such  property  had  been  acquired  through  a 
direct  grant,  without  the  intervention  of  foreclosure  pro- 
ceedings. Provided,  however,  that  no  railway  terminal  cer- 
tificate or  mortgage  shall  ever  be  issued  by  any  city  under 
the  provisions  of  this  Act,  unless  and  until  the  question  of 
the  adoption  of  the  ordinance  by  the  common  council  mak- 
ing provision  for  the  issue  thereof  shall  have  first  been 
submitted  to  popular  vote  and  approved  by  a  majority  of 
the  qualified  voters  of  the  city  voting  on  such  question. 

Separate  terminal  accounts — Purpose — Items,  annual  re- 
port, expert  examination.    §  5.    Every  such  city  owning  or 
operating   railway  terminals   shall  keep  the   books   of  ac 
count  for  such  railway  terminals  distinct  from  other  cit; 
accounts,  and  in   such  manner   as  to  show   the   true   am 
complete  financial  results  of  such  city  ownership  or  ow 
ership  and  operation  as  the  case  may  be.     Such  accounts 
shall  be  so  kept  as  to  show  the  actual  cost  to  such  city  of 
railway  terminals  and  right  of  way  owned,  all  cost  of  main- 
tenance,   extension    and    improvements,    all   operating    ex- 
penses of  every  description,  in  case  of  such  city  operation, 
the  amount  set  aside  for  sinking  fund  purposes  and  the 
value  of  such  service  as  may  be  rendered  by  such  railway 
terminals  to  any  other  city   department,   without  charge. 
Such  accounts  shall  also  show  reasonable  allowance   for 
interest,  depreciation  and  insurance,  and  also  estimates  of 
the  amount  of  taxes  that  would  be  chargeable  against  sucr 
property  if  owned  by  a  private  corporation. 

The  common  council  shall  cause  to  be  printed  annual! 
for  public  distribution,  a  report  showing  the  financial  re- 
sults in  form,  as  aforesaid,  of  such  city  ownership,  or 
ownership  and  operation.  The  accounts  of  such  railway 
terminals,  kept  as  aforesaid,  shall  be  examined  at  least 
once  a  year  by  an  expert  accountant,  who  shall  report  to 
the  common  council  the  results  of  his  examination.  Such 
expert  accountant  shall  be  selected  in  such  manner  as  the 
common  council  shall  direct,  and  he  shall  receive  for  his 
services  such  compensation  to  be  paid  out  of  the  income 
or  revenues  for  such  railway  terminals  as  the  city  council 
may  prescribe. 

Railroad  commission's  powers.  §  6.  The  railroad  com- 
mission is  vested  with  power  over  railway  terminals  ac- 
quired or  established  under  the  provisions  of  this  Act, 
and  all  the  provisions  of  chapter  362.  laws  of  1905,  and 
Acts  amendatory  thereof  are  made  applicable  thereto. 

Conflicting  laws  repealed.  §  7.  All  Acts  and  parts  of 
Acts  in  conflict  with  the  provisions  of  this  Act  are  repealed. 

LAWS  AFFECTING  THE  REGULATION  OF  RAILROADS. 

Street  railway — Parallel  tracks  owned  separately — Cities 
may  require  joint  use.  §  940j — 41.  If  any  city  grants,  or 
shall  have  granted,  to  each  of  two  street  or  electric  rail- 
road companies  the  right  to  build  or  operate  a  railroad 
upon  any  portion  of  any  street,  alley,  bridge  or  public 
highway  in  such  city,  and  each  of  said  two  companies 
shall  have  built  or  acquired  a  track  upon  which  it  is  oper- 
ating cars  in  both  directions,  then  it  shall  be  within  the 
power  of  the  common  council  of  such  city  to  require  by 
ordinance,  that  the  two  companies  shall  jointly  use  such 
two  tracks,  and  upon  the  expiration  of  90  days  after 
the  passage  and  publication  of  such  ordinance  neither  of 
said  companies  shall  operate  cars  upon  its  own  track  ex- 
cept in  one  direction,  which  is  determined  by  said 
ordinance.  ^|J 

Ch.   536,  1907.  1^1 

Companies'  procedure  looking  to  joint  use.  |  940j — 42. 
Any  such  street  or  electric  railroad  corporation  which  is 
so  operated  upon  one  of  the  tracks  on  any  such  street, 
alley,  bridge  or  public  way,  shall  have  the  power  to  take 
or  acquire,  by  condemnation  or  otherwise,  the  right  to  en- 
ter upon  and  run  its  cars  over  the  track  or  tracks  of  such 
other  street  or  electric  railway  corporation  heretofore  or 
hereafter  constructed  on  such  portion  of  any  such  street, 
alley,  bridge  or  public  highway  upon  such  terms  as  may  be 
mutually   agreed   upon,   and   if   the   corporations    do   not 


Public  Service  Laws 


1453 


agree  upon  the  manner  and  conditions  of  such  entry  and 
use,  or  the  terms  and  compensation  to  be  made,  the  same, 
having  reference  to  the  conveniences  and  necessity  of  the 
corporations  and  of  the  public,  shall  be  determined  by 
commissioners  to  be  appointed  by  the  court  as  is  provided 
In  chapter  87  of  the  statutes  of  1898  in  respect  to  acquiring 
title  to  real  estate  by  railroad  corporations,  and  on  an 
appeal  from  the  determination  and  award  of  such  commlB- 
sioners  to  the  Circuit  Court,  as  provided  by  said  chapter, 
such  court  shall  have  power  to  review,  reverse,  modify 
or  affirm  such  award,  both  as  to  the  amount  of  compen- 
sation therein  made  and  as  to  the  manner,  terms  and  con- 
ditions of  such  entry  and  use. 

Ch.  536,  1907. 

Appeal  not  to  delay  use.  §  940j— 43.  The  appeal  herein 
authorized  shall  not  prevent  the  entry  and  use  of  said 
traclis  by  the  petitioning  electric  railway  company,  in  the 
manner  determined  by  the  commissioners,  upon  the  filing 
of  such  determination  and  award  with  the  clerk  of  the 
Circuit  Court  and  the  payment  of  the  compensation 
awarded,  as  and  when  the  same  become  due  to  such  street 
or  electric  railway  company,  or  to  the  clerk  of  court  for  its 
benefit. 

Ch.  536,  1907. 

Poles  and  span  wires — Joint  use.  §  940j — 44.  Any  such 
street  or  electric  railroad  company  shall  have  a  right  to 
construct  and  maintain  feed  and  trolley  wires  on  the  poles 
and  span  wires  of  the  company  on  such  portions  of  said 
street,  alley,  bridge  and  public  highway,  and  the  compen- 
sation for  the  use  of  such  poles  and  wires  shall  be  fixed 
as  above  provided  for  the  use  of  tracks;  or  in  case  con- 
duits or  other  methods  of  placing  or  carrying  wires  for 
power  are  used,  the  said  conduits  or  other  methods  may  be 
used  for  placing  or  carrying  the  feed  wires  for  power. 

Ch.  536,  1907. 

Railroad  stock — Subscriptions  by  municipalities — Peti- 
tion— Notice.  §  946.  1.  Within  three  months  after  the 
filing  of  any  such  proposition  with  the  proper  clerk  the 
railroad  company  may,  by  a  written  request,  require  notice 
to  be  given  by  such  clerk,  in  the  manner  hereinafter  pro- 
vided for  giving  notice  of  an  election  to  consider  such 
proposition,  that  after  a  date  in  such  notice  named,  not 
less  than  30  nor  more  than  60  days  from  the  date 
of  notice,  a  petition  to  the  proper  authorities  of  such 
municipality,  praying  that  such  proposition  may  be  accepted 
and  carried  into  effect,  will  be  presented  for  their  signa- 
tures to  the  male  resident  taxpayers  thereof,  which  peti- 
tion, embracing  a  copy  of  such  proposition,  shall  be  ap- 
pended as  a  part  of  such  notice.  If  thereafter,  within  four 
months  from  the  filing  of  such  proposition  with  such  clerk, 
the  railroad  company  shall  deliver  to  such  clerk  such  peti- 
tion embracing  a  copy  of  such  proposition  and  bearing  the 
signatures  of  a  majority  of  the  male  persons  residing  in 
such  municipality  who  were  assessed  for  taxes  on  real  or 
personal  estate  therein  as  shown  by  tli«  last  assessment 
roll,  which  majority  so  signing  shall  own  more  than  one- 
half  of  the  taxable  property  thereof  as  shown  by  the  said 
assessment  roll,  which  signatures  shall  be  verified  by  the 
aflidavit  of  some  person  who  witnessed  the  making  of  the 
same,  then  such  proposition  shall  be  deemed  accepted  after 
the  same  shall  have  been  on  file  in  the  office  of  the  said 
clerk  at  least  10  days,  and  the  proper  county  board,  town 
board,  village  board,  board  of  trustees  or  common  council 
shall  carry  the  same  into  effect  in  the  manner  hereinafter 
provided. 

Ch.  299,  1909. 

Municipal  aid  for  railroads — Performance  of  conditions. 
I  955.  Whenever  any  county,  town,  village  or  city  shall 
have  failed  to  limit  the  time  within  which  any  aid  or  sub- 
scription voted  to  any  railroad  company  should  be  earned 
by  performance  of  the  conditions  on  the  part  of  the  com- 
pany, then  the  proper  board  or  common  council  thereof 
may  fix  and  limit  such  time,  but  to  be  not  less  than  one 
year  from  the  date  of  giving  notice  to  the  railroad  com- 
pany thereof;  and  whenever  the  time  shall  have  been  lim- 
ited either  by  agreement  or  as  above  provided  the  proper 
board  or  council  may,  in  their  discretion,  extend  the  time 
not  exceeding  one  year  beyond  the  period  so  limited;  and 
if  within  the  time  so  limited  or  within  the  period  to  which 
such  limit  is  extended,  if  extension  be  granted,  the  railroad 
company  shall  not  have  become  entitled  to  the  entire  aid 
or  subscription  of  such  municipality,  then  all  right  or  claim 
on  the  part  of  such  company,  or  anyone  claiming  under  It 


to  such  aid  or  subscription,  or  to  bonds,  lands,  moneys  or 
taxes  agreed  to  have  been  paid  or  delivered,  to  which  the 
railroad  company  shall  not  have  become  absolutely  enti- 
tled, shall  be  wholly  forfeited  and  all  liability  or  obliga- 
tion of  such  municipality  under  such  agreement  completely 
released  and  discharged,  and  the  railroad  company  and 
every  trustee  or  depositary  who  may  hold  any  bonds,  notes, 
orders,  papers,  moneys,  deeds,  contracts,  property  or  evi- 
dences of  indebtedness  in  escrow  in  trust  or  deposited  or 
pledged,  which  have  so  become  forfeited,  shall  return  and 
surrender  the  same  to  the  proper  board  or  council  or  any 
agent  appointed  by  them,  to  be  canceled. 

Provided,  however,  that  the  said  county,  town,  village 
or  city  may,  in  their  discretion,  if  the  said  railroad  com- 
pany is  actively  engaged  in  the  construction  of  the  said 
railroad,  and  has  at  least  one-half  of  the  same  completed 
and  in  operation  by  the  passage  of  cars  continuously  from 
one  terminus  to  a  point  more  than  one-half  way  to  the 
other  terminus,  grant  a  further  extension  of  the  time  here- 
tofore limited  for  the  completion  of  the  said  road  for  such 
reasonable  time  as  may  be  necessary  to  complete  the  same, 
not,  however,  to  exceed  one  year  from  the  time  last  herein- 
before limited. 

Ch.  46.  1909. 

Cities  may  lay  tracks  on  bridges  and  viaducts.  §  959 
— 301.  All  cities  are  authorized  and  empowered  to  lay  and 
maintain  tracks  for  street  railways  upon  and  along  bridges 
and  viaducts  within  such  cities. 

Ch.  517,  1907. 

Lease  of  such  tracks  to  companies.  §  959 — 30m.  When- 
ever any  city  of  the  State  shall  have  caused  to  be  laid  and 
maintained  tracks  for  street  railways  upon  and  along  any 
bridge  or  viaduct  within  such  city,  such  city  may,  through 
its  common  council,  by  ordinance  lease  such  tracks  to 
any  street  railway  company  authorized  to  operate  street 
railways  in  such  city,  upon  such  terms  as  such  common 
council  may  deem  proper  and  expedient. 

Ch.  517,  1907. 

But  no  exclusive  franchise.  §  959 — 30n.  Such  common 
council  is  prohibited  from  granting  an  exclusive  franchise 
for  the  use  of  such  tracks  to  a  single  street  railway  com- 
pany, and  is  prohibited  from  granting  an  exclusive  fran- 
chise to  any  single  street  railway  company  upon  any 
street  or  streets  running  toward  such  bridge  or  viaduct  as 
to  prevent  any  other  street  railway  company  or  companies 
from  approaching  and  operating  upon  and  along  such 
tracks  upon  such  bridge  or  viaduct. 

Ch.  517,  1907. 

Railway  crossings  upon  town  and  village  highways. 
§  1299h — 1.  Whenever  any  highway  in  any  town  or  incor- 
porated village,  without  the  limits  of  any  incorporated  city, 
shall  extend  upon,  over  or  across  the  tracks  or  right  of  way 
of  any  such  railway  company,  such  railway  company  shall, 
at  its  own  expense,  construct,  grade  and  maintain  in  safe 
condition  for  public  travel,  the  portion  of  such  highway  or 
crossing  extending  upon,  over  or  across  the  tracks  or  right 
of  way  of  such  railway  company.  Whenever  any  such  town 
or  village  shall  permanently  improve  or  macadamize  such 
highway  extending  upon,  over  or  across  the  tracks  or  right 
of  way  of  any  such  railway  company,  such  railway  company 
shall,  at  its  own  expense,  improve  or  macadamize  such 
portion  of  such  highway  as  shall  extend  upon,  over  or 
across  the  tracks  or  right  of  way  of  such  railway  company, 
in  substantially  the  same  manner  and  of  substantially  the 
same  materials  as  such  town  shall  have  used. 

Ch.  120,  1907. 

Railroads  to  pay  for  paving  and  improving  crossings — 
Notice  to  agent.  §  1299h — 3.  1.  Whenever  any  city  or 
village  in  this  State  shall  cause  any  street,  alley  or  public 
highway  within  its  corporate  limits  to  be  improved  by 
grading,  curbing,  paving  or  otherwise  improving  the  same, 
where  the  cost  of  such  improvement,  or  a  part  thereof, 
shall  be  assessed  against  abutting  property,  and  such  street, 
alley  or  public  highway  is  crossed  by  the  track  or  tracks 
of  any  railroad,  operated  in  whole  or  in  part  by  steam 
power,  and  engaged  as  a  common  carrier,  the  common 
council  or  board  of  public  works  of  such  city  or  the  trus- 
tees of  such  village  shall  at  any  time  after  the  completion 
and  acceptance  of  such  improvement  by  the  municipality 
cause  to  be  filed  with  the  local  agent  of  the  railroad  corpo- 
ration operating  such  railroad,  a  statement  showing  the 
amount  chargeable  to  such  railroad  corporation  for  such 
improvement,  which  shall  be  an  amount  equal  to  the  cost 


1^54 


Natio.val  Association  of  Eailway  Commissioners 


of  constructing  said  improvement  along  said  street,  alley 
or  public  highway  immediately  in  front  of  and  abutting  its 
right  of  way  on  each  side  of  said  street,  alley  or  public 
highway,  based  upon  the  price  per  square  yard,  lineal  foot 
or  other  unit  of  value  used  in  determining  the  total  cost  of 
said  improvement. 

2.  The  amount  so  charged  against  any  railroad  corpo- 
ration for  improving  the  street,  fronting  or  abutting  its 
right  of  way  shall  not  exceed  the  average  amount  per  front 
foot  assessed  against  the  remainder  of  the  property  front- 
ing or  abutting  on  said  street,  alley  or  public  highway  so 
improved.  The  amount  arrived  at  as  above  set  forth  and 
contained  in  said  statement  shall  be  due  and  payable  by 
said  railroad  corporation  to  the  said  municipality,  causing 
the  same  to  be  filed  within  30  days  of  the  date  when  the 
same  shall  be  presented  to  the  local  representative  of  said 
railroad  corporation. 

Ch.  444,  1911. 

On  refusal  to  pay.  §  1299h— 4.  In  case  any  railroad  cor- 
poration shall  fail  or  refuse  to  pay  to  any  city  or  village 
the  amount  set  forth  in  any  such  statement  or  claim  for 
the  making  of  street  improvements,  as  provided  in  the 
preceding  section,  within  the  time  therein  specified,  said 
city  or  village  shall  have  a  valid  claim  for  such  amount 
against  said  railroad  corporation,  and  may  maintain  an 
action  therefor  in  any  Circuit  Court  within  this  State  to 
recover  the  same. 

Ch.  444,  1911. 

Railroads  to  pave  or  improve  streets  on  which  it  oper- 
ates. §  1299h— 5.  Whenever  the  track  or  tracks  of  any  rail- 
road, operated  in  whole  or  in  part  by  steam  power,  shall 
be  laid  upon  or  along  any  street,  alley  or  public  highway 
within  any  city  or  village,  the  corporation  operating  such 
railroad  or  railroads  shall  maintain  and  improve  such  por- 
tion of  the  length  of  the  street  as  is  occupied  by  its  tracks; 
and  said  railroad  corporation  shall  grade,  pave  or  other- 
wise improve  such  street  or  portion  thereof  in  such  man- 
ner and  with  such  materials  as  the  common  council  of 
such  city  or  the  village  board  may  by  resolution  or  ordi- 
nance determine;  provided,  however,  that  the  total  cost 
of  such  improvement  shall  not  exceed  $3  per  square  yard, 
and  that  said  railroad  corporation  shall  not  be  required  to 
pave  or  improve  that  portion  of  said  street,  alley  or  public 
highway  occupied  by  it  with  different  material  or  in  a 
different  manner  from  that  in  which  the  remainder  of  said 
street  is  paved  or  improved. 

Ch.  444,  1911. 

Notice  to  railroad — Railroad  may  construct.  §  1299h — 6. 
1.  When  any  city  or  village  shall  have  ordered  any  street, 
alley  or  public  highway  to  be  paved,  graded,  curbed  or 
improved,  as  provided  in  the  preceding  section,  the  clerk 
of  such  city  or  village  shall  cause  to  be  served  upon  the 
local  agent  of  such  railroad  corporation,  a  notice  setting 
forth  the  action  taken  by  such  city  or  village  relative  to 
the  improvement  of  such  street. 

2.  If  the  railroad  corporation  shall  elect  to  construct 
said  street  improvement,  it  shall  within  10  days  of  the 
receipt  of  said  notice  from  the  clerk  of  such  city  or  village 
file  with  said  clerk  notice  of  its  intention  to  construct  said 
street  improvement,  and  it  shall  be  allowed  until  the  30th 
day  of  June  thereafter  to  complete  said  work,  unless  said 
work  is  ordered  after  May  20  of  any  year,  and  in  that  case 
said  railroad  corporation  shall  be  allowed  40  days  from  the 
time  the  clerk  of  the  municipality  presents  the  notice  to 
the  railroad  agent,  in  which  to  complete  said  work. 

Ch.  444,  1911. 

Municipality  may  construct  and  collect  from  railroad. 
§  1299h — 7.  1.  Whenever  any  city  or  village  shall  order 
any  street,  alley  or  public  highway  improved,  as  provided 
in  §  1299h— 5  of  the  statutes,  and  notice  shall  be  served  on 
said  railroad  corporation  as  provided  in  §  1299h — 6  of  the 
statutes,  and  said  railroad  corporation  shall  not  elect  to 
construct  said  improvement  as  therein  provided,  or  having 
elected  to  construct  said  improvement  shall  fall  to  con- 
struct the  same  within  the  time  provided  in  §  1299h— 6  of 
the  statutes,  the  city  or  village  shall  at  once  proceed  to  let 
a  contract  for  the  construction  of  said  improvement,  and 
cause  said  street  to  be  improved  as  theretofore  determined, 
and  when  said  improvement  shall  be  completed  and  ac- 
cepted by  the  ctiy  or  village  the  clerk  of  said  city  or  vil- 
lage shall  present  to  the  local  agent  of  said  railroad  corpo- 
ration a  statement  of  the  cost  of  said  improvement,  and 
said   railroad   corporation   shall   within   20   days  of  such 


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receipt  thereof  pay  to  the  treasurer  of  such  city  or  village 
the  amount  as  shown  by  such  statement  of  cost  presented 
as  aforesaid;  provided,  that  the  railroad  corporation  shall 
not  be  liable  to  pay  for  paving,  grading  or  otherwise  im-    . 
proving  a  street  more  than  $3  per  square  yard  for  pave-    j 
ment  or  other  improvement  actually  constructed.  ! 

2.  In  case  any  railroad  corporation  shall  fail  to  pay  the 
cost  of  constructing  any  pavement  or  other  street  improve- 
ment as  herein  provided,  the  city  or  village  causing  the 
same  to  be  constructed  shall  have  the  right  to  enforce  col- 
lection of  such  amount  by  an  action  at  law  against  said 
railroad  corporation  as  provided  in  §  1299h — 4  of  the 
statutes. 

Ch.  444,  1911. 

Not  to  repeal  existing  laivs.  §  1299h — 8.  This  Act  shall 
not  operate  to  repeal  any  existing  law,  but  shall  provide 
a  method  of  compelling  a  railroad  corporation  to  pay  its-  ^ 
proportionate  share  of  street,  alley  or  public  highway  im-  ■ 
provements  in  case  any  city  or  village  shall  elect  to  follow 
the  provisions  hereof.  jST 

Ch.  444,  1911.  a|| 

Railroad  cars  obstructing  country  highways.  §  1326m. 
It  shall  be  unlawful  to  stop  any  railroad  train  or  electric 
train  upon  or  across  any  highway  or  street  crossing  or  to 
leave  any  car  or  locomotive  standing  upon  or  across  any 
highway  or  street  crossing  outside  the  limits  of  incorpo- 
rated cities  for  a  longer  time  than  10  minutes,  except  in 
case  of  accident. 

Ch.  70,  1907. 

Penalty.     §  1326n.     Any  conductor  or  other  person  wll 
shall  violate  any  of  the  provisions  of  §  1326m  of  this  Act 
shall  be  fined  for  every  offense  not  more  than  $25  and  costs 
of  prosecution,  or  shall  be  imprisoned  in  the  county  jail 
not  more  than  15  days. 

Ch.  70,  1907. 

Drains — Crossings — Railway  right  of  way — Constructii 
— Cost — Damages — Notice.  §  1363n.  1.  Whenever  any  pro- 
posed ditch  or  drain  shall  cross  the  right  of  way  of  any 
railway  company,  street  car  company  or  interurban  railway 
company,  the  notice  required  by  §  1360  of  the  statutes  shall 
be  served  within  the  time  therein  prescribed  upon  any 
agent  of  any  such  company  upon  whom  service  of  summons 
in  a  civil  action  might  be  made.  ™  ■ 

2.  All  such  ditches  or  drains  shall  use,  wherever  p^H  I 
sible,  the  existing  bridges  or  culverts  across  the  right  eP  ^ 
way  of  such  companies.    If  such  existing  bridge  or  culverts 
are  not  of  sufficient  depth  or  capacity  to  correspond  with 
the  proposed  ditch,  drain   or  enlargement  of  watercourse 
to  carry   and   properly  drain   the   water,   the  supervisors^ 
shall  notify  such  company  to  construct  the  necessary  dra 
or  ditch  across  its  right  of  way. 

3.  Such  railway  company,  street  car  company  or  inter- 
urban railway  company  shall  construct  the  necessary  cul- 
I'erts,  bridges  and  drains  to  carry  and  drain  the  ordinary 
drainage  and  surface  water  at  all  watercourses  and  no  com- 
pensation shall  be  made  therefor.  If  the  culverts  and 
bridges  required  to  be  constructed  are  larger  and  of  more 
expensive  character  than  required  to  carry  and  drain  the 
ordinary  drainage  and  surface  water  at  such  watercourses, 
such  company  shall  be  compensated  for  the  additional  cost 
of  constructing  the  necessary  ditch,  drain  or  culvert  across 
Its  right  of  way  over  and  above  the  cost  of  constructing 
culverts,  ditches  and  drains  necessary  and  sufficient  to 
carry  and  drain  the  ordinary  drainage  and  surface  water. 

4.  The  cost  of  construction  and  damages  sustained  by 
such  company  may  be  ascertained  by  agreement  between 
the  supervisors  and  such  company,  and  an  agreement  or 
release  in  writing  shall  be  then  made  and  given  by  the  com- 
pany, which  shall  thereafter  preclude  it,  and  all  partle 
claiming  under  it,  from  all  further  claim  for  damages 
cost  of  construction. 

5.  When  damages  are  not  ascertained  or  agreed  upon 
they  shall  be  ascertained  in  accordance  with  the  provision 
of  §  1363  to  §  1371a,  both  inclusive.  Chapter  54,  Wisconsin 
Statutes  of  1898,  entitled  "Town  and  Village  Drains,"  and 
Acts  amendatory  thereof  so  far  as  applicable,  and  not  ii 
consistent  with  this  section,  shall  apply  to  all  proceeding 
hereunder. 

6.  Upon  receiving  30  days'  notice  in  writing  any  ra 
way  company,  street  car  company  or  interurban  rallwa 
company,  across  whose  right  of  way  any  drain  or  ditch 
herein  provided  is  laid  out,  shall  proceed  to  construct  such 
ditch  or  drain  across  its  right  of  way.    Upon  its  failure  ~to 


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Public  Service  Laws 


1155 


commence  the  construction  of  such  ditch  or  drain  across 
its  right  of  way  for  a  period  of  30  days,  the  supervisors  of 
the  town,  their  contractors,  agents  and  employes  may  enter 
upon  such  right  of  way  and  construct  the  necessary  ditch 
or  drain. 

7.  No  such  notice  to  proceed  with  the  construction  shall 
be  served  upon  any  such  company  from  the  first  day  of 
December  to  the  succeeding  first  day  of  April. 

Ch.  304,  1909. 

Spark  arresters  on  logging  and  traction  engines,  etc. 
S  1494 — 57.  1.  Between  March  1  and  Decein'ber  1  it  shall 
be  unlawful  for  any  logging  locomotive,  donkey,  traction,  or 
.  .  .  portable  engine,  .  .  .  and  all  other  engines, 
boilers  and  locomotives,  except  railway  locomotives,  oper- 
ated in,  through  or  near  forest,  brush  or  grass  land, 
which  do  not  burn  oil  as  fuel,  to  be  operated  without  a 
screen  or  wire  netting  .  .  .  on  top  of  the  smokestack, 
and  so  constructed  as  to  give  the  most  practicable  protec- 
tion against  the  escape  of  sparks  and  cinders.  .  .  .  from 
the  smokestacks  thereof,  and  each  such  engine  shall  be 
provided  with  the  most  .  .  .  practicable  devices  to  pre- 
vent the  escape  of  fire  from  ashpans  and  fireboxes.  The 
term  logging  locomotive  as  used  in  this  Act  shall  be  con- 
strued to  mean  any  locomotive  operated  on  a  railroad 
branch,  line  or  division,  the  chief  or  main  business  of 
which  is  the  transportation  of  logs,  lumber  or  other  forest 
products. 

Ch.  494,  1911. 

Spark  arresters  on  locomotives— Inspection.  2.  All 
locomotives  operated  on  any  railroad  other  than  a  logging 
railroad  shall  be  equipped  with  the  most  practicable  spark 
arresters  so  constructed  as  to  give  the  greatest  possible 
protection  against  the  escape  of  sparks  and  cinders  from 
the  smokestacks  thereof,  and  each  such  engine  shall  be 
provided  with  the  most  practicable  device  to  prevent  the  ■ 
escape  of  live  coals  from  ashpans  and  fireboxes,  and  said 
devices  between  March  1  and  December  1  shall  at  all  times 
be  maintained  in  good  repair.  It  shall  be  the  duty  of  the 
superintendent  of  motive  poiver  or  equivalent  officer  of 
each  such  railroad  to  designate  an  employe  of  such  railroad 
at  each  division  point  and  roundhouse  who  shall  examine 
each  locomotive  each  time  it  leaves  the  division  point  or 
roundhouse  between  March  1  and  December  1,  and  such 
employe  shall  be  held  responsible  for  the  proper  carrying 
out  of  the  provisions'  of  this  section,  but  without  relieving 
the  company  from  its  responsibility  hereunder. 

Ch.  494,  1911. 

Inspection  by  State  board  of  forestry.  3.  Any  locomo- 
tive inspector  designated  by  the  State  board  of  forestry 
shall  have  the  power  to  reject  from  service  immediately 
any  locomotive,  donkey,  traction  or  portable  engine  which, 
in  the  opinion  of  the  said  inspector,  is  deficient  in  adequate 
design,  construction  or  maintenance  of  the  fire  protective 
devices  designated  in  §§  i  and  2  of  this  section,  and 
any  such  locomotive,  donkey,  traction  or  portable  engine 
so  rejected  from  service  shall  not  be  returned  to  service 
until  such  defects  have  been  remedied  to  the  satisfaction 
of  the  State  board  of  forestry.  In  case  of  disagreement 
between  said  inspector  and  the  owner  of  the  locomotive, 
donkey,  traction  or  portable  engine  so  rejected  from  service 
as  to  the  efficiency  or  proper  maintenance  of  said  protective 
devices,  then  the  owner  of  said  locomotive,  donkey,  trac- 
tion or  portable  engine  may  appeal  to  the  railroad  com- 
mission of  Wisconsin  for  a  decision  of  said  matter,  but 
pending  such  decision  the  said  locomotive,  donkey,  traction 
or  portable  engine  shall  not  be  returned  to  service. 

Ch.   494,   1911. 

Removal  of  grass  and  weeds  from  right  of  way.  .  .  . 
4.  Every  corporation  maintaining  and  operating  a  railway 
shall,  at  least  once  in  each  year,  .  .  .  cut  and  burn  or 
remove  from  its  right  of  way  all  grass  and  weeds  and  burn 
or  remove  therefrom  all  brush,  logs,  refuse  material  and 
debris  within  a  reasonable  time,  and  whenever  fires  are  set 
for  such  purpose  shall  take  proper  care  to  prevent  the 
escape  thereof  from  the  right  of  way. 

Ch.  494,  1911. 

Fire  or  ashes  on  tracks.  ...  5.  No  such  corpora- 
tion shall  permit  its  employes  to  deposit  fire,  live  coals  or 
ashes  upon  their  tracks  outside  of  the  yard  limits,  except 
they  be  immediately  extinguished. 

Ch.  494,  1911. 

Trainmen  to  report  fire  danger — Section  employes. 
.    .    .    6.    Engineers,  conductors  or  trainmen  who  discover 


that  fences  or  other  material  along  the  right  of  way  or  on 
lands  adjacent  to  the  railroad  are  burning  or  in  danger  from 
fire  shall  report  the  same  to  the  agent  or  person  in  charge 
at  their  next  stopping  place  at  which  there  shall  be  a  tele- 
graph station.  Corporations  maintaining  and  operating 
railways  shall  give  particular  instructions  to  their  section 
employes  for  the  prevention  and  prompt  extinguishment  of 
fires,  cause  notices,  which  shall  be  furnished  by  the  State 
forester,  to  be  posted  at  their  stations,  and  when  a  fire 
occurs  along  the  line  of  their  road,  or  on  lands  adjacent 
thereto,  for  which  fire  they  are  responsible,  they  shall  con- 
centrate such  help  and  adopt  such  measures  as  shall  most 
effectually  arrest  its  progress. 
Ch.  494,  1911. 

Fire  patrols — Powers  of  State  board  of  forestry.  .  .  . 
7.  All  such  corporations,  during  a  dangerously  dry  sea- 
son, and  when  so  directed  by  the  State  board  of  forestry, 
shall  provide  fire  patrols  for  duty  along  their  tracks.  .  .  . 
Whenever  the  State  board  of  forestry  shall  deem  it  neces- 
sary they  may  order  such  corporations  to  provide  for  patrol- 
men to  follow  each  train  thxoughout  such  districts  as  may 
be  necessary  to  prevent  fires.  When  the  State  board  of 
forestry  has  given  a  corporation  such  notice  that  in  its 
opinion  the  conditions  require  such  patrol  after  trains,  the 
corporation  shall  immediately  comply  with  such  instruc- 
tions throughout  the  districts  designated;  or  in  their  failure 
to  do  so,  the  State  board  of  forestry  may  employ  patrolmen, 
and  furnish  them  with  the  necessary  equipment  to  patrol 
the  rights  of  ivay  of  such  corporations,  and  the  expense  of 
the  same  shall  be  charged  to  the  corporation  and  the  same 
may  be  recoverable  in  a  civil  action  in  the  name  of  the 
State  of  Wisconsin,  and  in  addition  thereto  the  said  cor- 
poration shall  be  deemed  guilty  of  a  misdemeanor.  It  is 
also  made  the  duty  of  such  corporation,  acting  independ- 
ently of  such  State  board  of  forestry,  to  patrol  their  rights 
of  way  after  the  passage  of  each  train,  when  necessary,  to 
prevent  the  spread  of  fires  and  to  use  the  highest  degrees  of 
diligence  to  prevent  the  setting  and  spread  of  fires,  and  it 
is  also  made  the  duty  of  its  officers  and  employes  operating 
trains  in  this  State,  to  use  diligence  in  the  extinguishment 
of  fires  set  by  locomotives  or  found  existing  upon  their 
respective  rights  of  way,  and  any  negligence  in  this  regard 
shall  render  such  corporation  or  any  officer  or  employe 
thereof  guilty  of  a  misdemeanor. 

Ch.  494,  1911. 

Inspection  of  locomotives,  etc.  ...  8.  The  State 
board  of  forestry  is  authorized  to  inspect  any  locomotive, 
donkey,  or  threshing  engine,  railway  locomotive,  and  all 
other  engines,  boilers  and  locomotives  operated  in,  through 
or  near  forest,  brush,  or  grass  land  and  to  enter  upon  any 
property  for  such  purpose,  or  where  they  may  deem  it 
necessary  in  order  to  see  that  all  the  provisions  of  this 
Act  are  duly  complied  with. 

Ch.   404,   1911. 

Penalty.  ...  9.  Any  person  wilfully  failing  to  com- 
ply with  the  requirements  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punished,  upon  con- 
viction, by  a  fine  of  not  less  than  $50  nor  more  than  $500, 
or  by  imprisonment  in  the  county  jail  not  exceeding  one 
year,  or  by  both  such  fine  and  imprisonment.  Any  corpora- 
tion, by  its  officers,  agents  or  employes,  wilfully  violating  the 
provisions  of  this  section,  shall  be  liable  to  a  fine  of  not 
less  than  $50  nor  more  than  $500  for  each  and  every  such 
violation,  to  be  collected  in  a  civil  action  in  the  name  of 
the  State. 

Ch.  494,  1911. 

Referred  to  railroad  commission.  10.  In  case  the 
State  board  of  forestry  and  any  corporation  or  individual 
operating  any  locomotive,  donkey,  or  threshing  engine,  or 
any  engine,  boiler  or  locomotive  cannot  agree  as  to  the 
most  practicable  device  or  devices  for  preventing  the  es- 
cape of  sparks,  cinders,  or  fire  from  smoke  stacks,  ash-pans, 
or  fire-boxes,  then  the  same  shall  be  determined  by  the 
railroad  commission  of  Wisconsin. 

Ch.  494,  1911. 

State  board  of  forestry  may  exempt.  11.  The  State 
board  of  forestry  shall  have  the  power  to  exempt  from  the 
provisions  of  subsections  1,  2,  3  and  Jf  of  this  section  any 
railroad,  when,  in  the  judgment  of  said  State  board  of  for- 
estry, conditions  along  the  right  of  way  are  such  that  the 
reduced  fire  hazard  renders  such  protective  devices  unnece&- 
sary. 

Ch.  494,  1911. 


1456 


National  Association  of  Railway  Commissioners 


§  2.  All  Acts  or  parts  of  Acts  conflicting  with  any  of 
the  provisions  of  this  Act  are  repealed  in  so  far  as  they 
are  inconsistent  therewith. 

Ch.  494,  1911. 

Drunlcenness  and  drinking  on  trains.  §  1565 — 1.  1. 
No  person  shall,  while  intoxicated,  enter  or  be  on  or  re- 
main upon,  as  a  passenger,  a  train  of  a  steam  railroad  or 
interurban  railroad. 

2.  No  person  shall  publicly  drink  any  intoxicating  liq- 
uor as  a  beverage  In  any  smoking  car,  parlor  car  or 
day  coach  of  a  steam  railroad  or  interurban  railroad,  or 
give,  or  cause  to  be  given,  to  any  other  person  therein, 
intoxicating  liquor  as  a  beverage. 

Ch.  623,  1911. 

Conductor  shall  arrest.  §  1565 — 2.  The  conductor  of  a 
railway  train  or  car  on  any  such  road  shall  summarily 
arrest  with  or  without  a  warrant,  any  person  violating  any 
of  the  foregoing  provisions,  and  for  such  purpose  shall 
have  the  same  power  and  authority  as  any  peace  officer, 
including  the  power  to  summon  assistance,  and  such  con- 
ductor shall  further  have  power  to  deliver  any  such  per- 
;Son  to  any  policeman,  constable  or  other  public  officer  of 
the  county  in  which  such  offense  was  committed,  and  it 
shall  be  the  duty  of  such  officer  to  bring  the  person 
charged  with  such  offense  before  the  nearest  justice  of  the 
I)€ace  or  municipal  court  of  the  county  where  said  offense 
was  committed,  and  to  make  a  complaint  against  such  per- 
son. Provided,  that  if  the  car  on  which  such  arrest  is  made 
does  not  stop  within  the  county  within  which  such  offense 
was  committed,  then  such  conductor  shall  deliver  the  per- 
son so  arrested  to  some  sheriff,  constable  or  police  officer 
of  the  county  wherein  such  car  shall  first  stop  after  such 
arrest,  who  shall  deliver  the  person  so  arrested  to  some 
judge  or  justice  of  the  peace  of  the  county  in  which  the 
offense  was  committed,  for  trial. 

Ch.  623,  1911. 

Conductor  may  confiscate  liquor.  §  1565 — 3.  The  con- 
ductor of  any  railway  train  may  take  from  any  person 
found  violating  any  of  the  foregoing  provisions,  any  in- 
toxicating liquor  then  in  the  possession  of  such  person, 
and  deliver  the  same  to  the  nearest  station  agent,  giving 
the  person  from  whom  it  is  taken  a  receipt  therefor.  Upon 
the  presentation  and  surrender  of  such  receipt,  within  10 
days  thereafter,  such  liquor  shall  be  delivered  to  the  per- 
son presenting  same,  and  if  not  so  delivered  within  such 
time  shall  be  destroyed  by  such  agent. 

Ch.  623,  1911. 

Penalty.  §  1565—4.  Persons  and  corporations  engaged 
■wholly,  or  in  part,  in  the  business  of  carrying  passengers 
for  hire,  their  agents,  servants  or  employes,  who  shall 
knowingly  permit  any  i>erson  to  drink  any  intoxicating 
liquor  as  a  beverage  in  any  train  of  a  steam  railroad  or 
interurban  railroad  or  coach,  and  any  person  violating  any 
provisions  of  this  Act,  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  punished  by  a  fine  of  not 
less  than  $25  nor  more  than  $100,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  30  days  nor  more  than  90 
days. 

Ch.  623,  1911. 

Street  and  interurhan  railways — Car  fenders  mandatory. 
J  1636 — 58.  1.  Every  person,  firm  or  corporation  operating 
any  street  or  interurban  railway  or  other  railway  operating 
cars  similar  to  those  used  by  street  or  interurban  railways 
shall  provide  all  cars  operated  singly,  and  the  front  car  In 
all  trains,  with  suitable  fenders  or  pilots  so  arranged  and 
constructed  as  to  protect  the  lives,  limbs  and  bodies  of 
all  persons  that  may  be  upon  the  street  or  highway,  against 
Injury  by  striking  or  running  over  them. 

Penalties.  2.  Any  person,  firm  or  corporation  who  shall 
fail  or  neglect  to  comply  with  the  provisions  of  this  sec- 
tion shall  be  punished  by  a  fine  of  not  less  than  $50  nor 
more  than  $100  for  each  day  during  which  such  neglect 
or  failure  continues,  and  the  manager  of  such  railway  who 
causes  such  violation  or  permits  same  shall  be  liable  with 
said  person,  firm  or  corporation  to  said  fine. 

Ch.  390,  1907. 

Sleeping-car  herths — Penalties.  §  1636p.  1.  Whenever 
a  person  shall  engage  and  occupy  a  lower  berth  in  a  sleep- 
ing-car, and  the  upper  berth  of  the  same  section  shall  at 
the  same  time  be  neither  engaged  nor  occupied,  the  upper 
berth  shall  not  be  let  down,  but  shall  remain  closed  until 
engaged  or  occupied. 


'1 


2.  Any  corporation  which  requires,  permits  or  suffers 
any  porter,  conductor  or  other  person  to  violate  any  pro- 
visions of  this  section  shall  forfeit  a  sum  not  less  than 
$50  nor  more  than  $100,  to  be  collected  as  provided  by  the 
statutes  for  the  collection  of  forfeitures. 

3.  Any  porter,  conductor  or  other  person  in  charge  of 
or  employed  in  any  sleeping-car,  who  shall  violate  any 
provision  of  this  Act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  a  fine 
not  exceeding  $100,  or  by  Imprisonment  in  the  county  jaij, 
not  exceeding  six  months. 

Ch.  272,  1911. 

Street  cars  —  Safety  devices  —  Air  brakes  —  Penalty. 
§  1636q.  1.  Every  person,  partnership  or  corporation  own- 
ing or  operating  a  street  or  interurban  car  line  shall  pro- 
vide and  equip  each  and  every  motor-car  weighing  over 
40,000  pounds  net  or  empty  weight,  used  for  the  trans- 
portation of  passengers  or  freight,  and  added  to  the  service 
from  and  after  the  passage  of  this  Act,  with  air  brakes  of 
modern  design,  to  be  approved  by  the  railroad  commission. 

2.  Nothing  herein  contained  shall  limit  or  restrict  the 
power  of  the  railroad  commission  to  order  air  brakes  upon 
other  cars. 

3.  Any  such  corporation  neglecting  or  refusing  to  com- 
ply with  any  of  the  foregoing  provisions  shall  forfeit  and 
pay  a  penalty  to  the  State  of  not  less  than  $25  nor  more 
than  $100,  and  each  day's  operation  of  one  or  more  cars 
in  violation  of  this  Act  shall  be  considered  a  separa^ 
offense.  ' 

Ch.  310,  1909. 

STOCK  AND  BOND  LAW. 

§§  1753  to  1753—22. 

Corporation  stocks  and  bonds,  consideration  for — i^'fl 
titious  increases  void.  §  1753.  No  corporation  shall  issue 
any  stock  or  certificate  of  stock  except  in  consideration  of 
money  or  of  labor  or  property  estimated  at  its  true  money 
value,  actually  received  by  it,  equal  to  the  par  value  thereof, 
nor  any  bonds  or  other  evidences  of  indebtedness  except 
for  money  or  for  labor  or  property  estimated  at  its  true 
money  value,  actually  received  by  it,  equal  to  75  per  cent 
of  the  par  value  thereof,  and  all  stocks  and  bonds  issued 
contrary  to  the  provisions  of  law  and  all  fictitious  increasj 
of  the  capital  stock  of  any  corporation  shall  be  void. 

Ch.  576,  1907. 

"Public  service  corporation"  defined.  §  1753 — 1.  The 
term  "public  service  corporation"  when  used  in  this  Act 
shall  mean  and  embrace  every  railroad,  street  railwa^  I 
telegraph,  telephone,  express,  freight  line,  sleeping  c^l  | 
light,  heat,  water  and  power  corporation  and  all  other 
corporations,  excepting  towns,  villages  and  cities  engaged 
in  the  business  of  supplying  the  public,  directly  or  in- 
directly, with  light,  heat,  power  or  water,  or  in  transmit- 
ting telegraph  or  telephone  messages,  or  in  transporting 
passengers,  freight  or  express;  the  term  "commission" 
when  used  in  this  Act  shall  mean  the  railroad  commission 
of  Wisconsin;  the  term  "capital  account"  when  used  in 
this  Act  shall  mean  the  capital  account  prescribed  by 
the  commission  and  required  to  be  kept  by  every  public 
service  corporation  as  provided  by  law;  the  term  "net 
Income  or  revenue,"  when  used  in  this  Act,  shall  mean  the 
money  available  for  dividends  and  surplus  according  to 
the  accounts  prescribed  by  the  commission  and  requir 
to  be  kept  by  every  public  service  corporation. 

Ch.  593,  1911. 

Control  of  liens  vested  in  State.    §  1753 — 2.     The  pov 
to  create  liens  on  corporate  property  by  public  service  co 
porations  In  this  State  is  a  special  privilege,  the  right  of 
supervision,   regulation,   restriction   and   control   of  whlc 
shall  he  vested  in  the  State,  and  such  power  shall  be  ex<| 
cised  according  to  the  provisions  of  these  statutes. 

Ch.  593,  1911. 

Applies  to  securities  payable  in  more  than  one  ye 
■§  1753 — 3.  Except  as  otherwise  provided  herein,  the  pd 
visions  of  this  Act  shall  apply  to  the  issue  by  public  se> 
lee  corporations  of  stocks,  certificates  of  stock,  bonds,  notes 
or  other  evidences  of  indebtedness  payable  at  periods  of 
mors  than  one  year  after  the  date  thereof. 

Ch.  593,  1911. 

Issue  not  to  exceed  amount  reasonably  necessary.  §  1753 
— 4.  No  public  service  corporation  shall  hereafter  Issue  for 
any  purposes  connected  with  or  relating  to  any  part  of  Its 
business,  any  stocks,  certificates  of  stock,  bonds,  notes  or 


ll 


g  to 

31 


Public  Service  IvAavs 


1457 


other  evidences  of  indebtedness  to  an  amount  exceeding 
that  which  may  from  time  to  time  be  reasonably  necessary 
for  the  purpose  for  which  such  issue  of  stock,  certificates 
of  stock,  bonds,  notes  or  other  evidences  of  indebtedness 
may  be  authorized. 
Ch.  593,  1911. 

Purposes  for  which  stocks,  bonds,  etc.,  may  te  issued. 
§  1753 — 5.  A  public  service  corporation  may  issue  stocks, 
certificates  of  stock,  bonds,  notes  or  other  evidences  of  in- 
debtedness, when  necessary  for  organization  expenses  and 
all  other  expenses  reasonably  required  in  connection  with 
the  financing  and  construction  of  its  property,  for  the  acqui- 
sition of  property,  the  construction,  completion,  extension 
or  improvement  of  its  plant,  distributing  system,  or  facili- 
ties, or  for  the  improvement  of  its  service,  or  for  the  dis- 
charge or  refunding  of  its  legal  obligations,  or  in  case  of 
railroad  corporation  for  any  of  the  purposes  stated  in  §  1826 
or  subsection  10  of  §  1828  of  the  statutes;  provided,  however, 
that  no  such  corporation  shall  issue  any  stocks  or  certifi- 
cates of  stock  for  any  purpose  which  is  not  properly  charge- 
able to  its  capital  account;  and  that  If  any  such  corporation 
shall  issue  any  bonds,  notes  or  other  evidences  of  indebted- 
ness for  any  lawful  purpose  which  is  not  properly  charge- 
able to  Its  capital  account,  it  shall  set  aside  annually  from 
its  net  income  or  revenue,  if  any,  such  a  sum  that  when 
such  bonds,  notes  or  other  evidences  of  indebtedness  shall 
become  due  and  payable,  the  total  amount  of  said  sums 
so  set  aside  shall  be  sufficient  to  pay  and  discharge  the 
same. 

Ch.  593,  1911. 

Purposes  for  which  stocks,  bonds,  etc.,  may  not  be  is- 
sued. §  1753 — 6.  No  public  service  corporation  shall  issue 
any  stocks,  certificates  of  stock,  bonds,  notes  or  other  evi- 
dences of  indebtedness  for  the  purpose  of  paying,  discharg- 
ing, refunding,  exchanging  for,  or  retiring,  in  whole  or  in 
part,  directly  or  indirectly,  any  of  its  bonds,  notes  or  other 
evidences  of  indebtedness,  payable  at  periods  of  less  than 
one  year  after  the  date  thereof,  which  were  issued  for 
purposes  not  properly  chargeable  to  its  capital  account. 

Ch.  593,  1911. 

Consideration  for  stocks  and  bonds.  §  1753 — 7.  No  pub- 
lic service  corporation  shall  issue  any  stock  or  certificate 
of  stock  except  in  consideration  of  money,  or  of  labor  or 
property  at  its  true  money  value,  as  found  and  deter- 
mined by  the  commission  as  in  this  Act  provided,  actually 
received  by  it,  equal  to  the  face  value  thereof,  or  any 
bonds,  notes  or  other  evidences  of  indebtedness  except  for 
money,  or  for  labor  or  property  estimated  at  its  true  money 
value,  as  found  and  determined  by  the  commission  as  in 
this  Act  provided,  actually  received  by  it  equal  to  a  sum 
not  less  than  75  per  cent  of  the  face  value  thereof,  pro- 
vided, however,  that  no  bonds,  notes  or  other  evidences  of 
indebtedness  of  any  such  corporation  issued  for  the  pur- 
pose of  refunding,  retiring  or  discharging  any  of  Its  bonds, 
notes  or  other  evidences  of  indebtedness,  shall  be  issued 
at  less  than  75  per  cent  of  the  face  value  thereof,  plus  the 
amount  of  any  discount  hereafter  paid  or  incurred  by  such 
corporation  upon  the  issuance  of  the  bonds,  notps  or  other 
evidences  of  indebtedness  to  be  refunded,  retired  or  dis- 
charged. All  stocks,  certificates  of  stocks,  bonds,  notes  and 
other  evidences  of  indebtedness  of  any  public  service  cor- 
poration issued  contrary  to  the  provisions  of  this  Act  shall 
be  void. 

Ch.  593,  1911. 

Bonds  to  bear  reasonable  proportion  to  stock.  §  1753 — 8. 
The  amount  of  bonds,  notes  or  other  evidences  of  indebted- 
ness which  any  public  service  corporation  may  issue  shall 
bear  a  reasonable  proportion  to  the  amount  of  stock  and 
certificates  of  stock  issued  by  such  corporation,  due  con- 
sideration being  given  to  the  nature  of  the  business  in 
which  the  corporation  is  engaged,  its  credit  and  future 
prospects,  the  effect  which  such  issue  will  have  upon  the 
management  and  efficient  operation  of  the  corporation  by 
reason  of  the  relative  amount  of  financial  interest  which 
the  stockholders  will  have  in  the  corporation  and  the  cir- 
cumstances surrounding  the  operation  and  business  of  the 
corporation. 

Ch.  593,  1911. 

Issues  for  money  only — Proceedings,  statement  by  cor- 
poration. §  1753 — 9.  1.  No  public  service  corporation 
shall  hereafter  issue  any  stocks,  certificates  of  stock, 
bonds,  notes  or  any  other  evidences  of  indebtedness,  except 
such  as  are  issued  for  money  only  and  payable  one  year  or 


less  from  the  date  thereof,  until  it  shall  have  first  obtained 
authority  tor  such  issue  from  the  commission,  as  herein 
provided.  The  proceedings  for  obtaining  a  certificate  of 
such  authority  from  the  commission  and  the  conditions 
of  its  being  granted  by  the  commission  shall  be  as  follows: 
In  case  the  stocks,  certificates  of  stock,  bonds,  notes  or 
other  evidences  of  indebtedness  are  payable  at  periods 
of  more  than  one  year  after  the  date  thereof,  and  are  to 
be  issued  for  money  only,  the  corporation  shall  file  with  the 
commission  a  statement,  signed  and  verified  by  its  presi- 
dent and  secretary,  setting  forth  (a)  the  amount  and  char- 
acter of  the  proposed  stocks,  certificates  of  stock,  bonds, 
notes  or  other  evidences  of  indebtedness;  (b)  the  pur- 
poses for  which  they  are  to  be  issued;  (c)  the  terms  on 
which  they  are  to  be  issued;  and  (d)  the  total  assets  and 
liabilities,  and  the  previous  financial  operations  and  busi- 
ness of  the  corporation,  in  such  detail  as  the  commission 
may  require. 
Ch.  593,  1911. 

Incorporators  may  petition — Issues  for  money  only — 
Commission's  investioation  and  valuation.  2.  The  signers 
of  the  articles  of  association  of  a  public  service  corporation 
hereafter  organized  may  sign  and  verify  such  statement  in 
the  first  instance.  For  the  purpose  of  enabling  it  to  de- 
termine whether  the  proposed  issue  complies  with  the  pro- 
visions of  this  Act,  the  commission  shall  make  such  in- 
quiry or  investigation,  hold  such  hearings  and  examine 
such  witnesses,  books,  papers,  documents  or  contracts  as 
it  may  deem  of  importance  in  enabling  it  to  reach  a  de- 
termination. It  may  also  make  a  valuation  of  all  the  prop- 
erty of  the  corporation  if  it  deems  it  pertinent  to  the 
inquiry  or  investigation.  It  shall  find  and  determine  the 
amount  of  such  stock,  certificates  of  stock,  bonds,  notes  or 
other  evidences  of  indebtedness,  reasonably  necessary  for 
the  purposes  for  which  the  same  are  to  be  issued. 

Ch.  593,  1911. 

Issues  for  money  only — Commission's  certificate.  3.  It 
the  commission  shall  determine  that  such  proposed  issue 
complies  with  the  provisions  of  this  Act,  such  authority 
shall  thereupon  be  granted,  and  it  shall  issue  to  the  cor- 
poration a  certificate  of  authority,  stating:  (a)  the  amount 
of  such  stocks,  certificates  of  stock,  bonds,  notes  or  other 
evidences  of  indebtedness  reasonably  necessary  for  the 
purposes  for  which  they  are  to  be  issued  and  the  character 
of  the  same;  (b)  the  purposes  for  which  they  are  to  be 
issued,  and  (c)  the  terms  upon  which  they  are  to  be  is- 
sued. Such  corporation  shall  not  apply  the  proceeds  of 
such  stock,  bonds,  notes  or  other  evidences  of  indebted- 
ness as  aforesaid  to  any  purposes  not  specified  in  such 
certificate,  nor  issue  such  stock,  bonds,  notes  or  other 
evidences  of  indebtedness  on  any  terms  not  specified  in 
such  certificate. 

Ch.  593,  1911. 

Issued  for  other  than  money — Corporation's  statements. 
4.  In  case  the  stocks,  certificates  of  stock,  bonds,  notes  or 
other  evidences  of  indebtedness,  payable  in  more  than  one 
year  after  the  date  thereof,  or  payable  in  less  than  one 
year  from  the  date  thereof  when  issued  for  purposes 
properly  chargeable  to  its  capital  account,  are  to  be  Is- 
sued, partly  or  wholly  for  property  or  services  or  other  con- 
sideration than  money,  the  corporation  shall  file  with  the 
commission  a  statement,  signed  and  verified  by  its  presi- 
dent and  secretary,  setting  forth  (a)  the  amount  and 
character  of  the  stocks,  certificates  of  stock,  bonds,  notes 
or  other  evidences  of  indebtedness  proposed  to  be  issued; 
(b)  the  purposes  for  which  they  are  to  be  issued;,  (c)  the 
description  in  detail  and  estimated  value  of  the  property 
or  services  for  which  they  are  to  be  issued;  (d)  the  terms 
on  which  they  are  to  be  issued  or  exchanged;  (e)  the 
amount  of  money,  if  any,  to  be  received  for  the  same,  in 
addition  to  such  property,  services  or  other  consideration, 
and  (f)  the  total  assets  and  liabilities  and  the  previous 
financial  operations  and  business  of  the  corporation,  in 
such  detail  as  the  commission  may  require. 

Ch.  593,  1911. 

Issued  for  other  than  money — Commission's  investiga- 
tion and  valuation.  5.  The  signers  of  the  articles  of  as- 
sociation of  a  public  service  corporation  hereafter  organ- 
ized, may  sign  and  verify  such  statement  in  the  first  in- 
stance. For  the  purpose  of  enabling  it  to  determine 
whether  the  proposed  issue  complies  with  the  provisions 
of  this  Act,  the  commission  shall  determine  the  true  valua- 
tion,   in    detail,    of   the    property,    services    or    other    con- 


1458 


National  Association  of  Railway  Commissioners 


sideration  than  money,  for  which  it  is  proposed  to 
Issue,  in  whole  or  in  part,  such  stocks,  certificates  of  stock, 
bonds,  notes  or  other  evidences  of  indebtedness  and  shall 
make  such  inquiry  or  investigation,  hold  such  hearings  and 
examine  such  witnesses,  books,  papers,  documents  or  con- 
tracts as  It  may  deem  of  importance  in  enabling  it  to 
reach  a  determination. 
Ch.  593,  1911. 

Issues  for  other  than  money — Commission's  certificate.  6. 
If  the  commission  shall  determine  that  the  proposed  issue 
complies  with  the  provisions  of  this  Act,  such  authority 
shall  thereupon  be  granted  and  it  shall  issue  to  the  cor- 
poration a  certificate  of  authority,  stating:  (a)  the  amount 
of  such  stocks,  certificates  of  stock,  bonds,  notes  or  other 
evidences  of  indebtedness  reasonably  necessary  for  the 
purposes  for 'which  they  are  to  be  issued  and  the  character 
of  the  same;  (b)  the  purposes  for  which  they  are  to  be 
issued;  (c)  the  terms  upon  which  they  are  to  be  issued, 
and  (d)  the  true  value  of  the  property,  services  or  other 
consideration  than  money  (which  shall  be  described  in 
detail),  as  found  and  determined  by  the  commission,  for 
which,  in  whole  or  in  part,  such  issue  is  to  be  made. 

Ch.  593,  1911. 

Application  of  proceeds.  7.  Such  corporation  shall  not 
apply  the  proceeds  of  the  sale  of  such  stock,  bonds,  notes 
or  other  evidences  of  indebtedness  as  aforesaid  to  any 
purpose  not  specified  in  such  certificate,  nor  issue  such 
stock,  bonds,  notes  or  other  evidences  of  indebtedness  on 
any  terms  not  specified  in  such  certificate,  and  no  prop- 
erty, services  or  other  consideration  than  money  shall  be 
taken  in  payment  to  the  corporation  for  such  stock,  certifi- 
cates of  stock,  bonds,  notes  or  other  evidences  of  in- 
debtedness, except  at  the  true  value  of  such  property, 
services  or  other  consideration  than  money,  as  found  and 
determined  by  the  commission  and  stated  in  said  certificate. 

Ch.  593,  1911. 

Mortgage  of  bonds,  notes,  etc.  §  1753—10.  Nothing  in 
§  1753 — 9  contained  shall  be  construed  to  prohibit  the 
commission  from  authorizing  in  such  certificate  the  mort- 
gage or  pledge  by  any  public  service  corporation  of  any 
bond,  note  or  other  evidence  of  indebtedness  issued  by 
such  corporation  as  security  for,  or  as  part  security  for, 
any  bond,  note  or  other  evidence  of  indebtedness  issued 
by  or  loan  made  to  such  corporation  which  shall  not  be 
Issued  or  made  in  violation  of  the  provisions  of  this  Act, 
provided  that  the  terms  of  said  loan  and  of  such  notes, 
bonds  or  other  evidences  of  indebtedness  shall  provide 
that  none  of  said  pledged  bonds,  notes  or  other  evidences 
of  indebtedness  shall,  upon  non-payment  of  the  notes, 
bonds  or  other  evidences  of  indebtedness  which  they  are 
pledged  to  secure,  or  upon  non-performance  of  any  of  the 
conditions  thereof,  be  sold  or  become  the  property  of  the 
holders  of  the  notes,  bonds  or  other  evidences  of  In- 
debtedness so  secured,  either  directly  or  through  a  trustee 
for  their  benefit,  except  at  or  through  public  sale,  notice 
whereof  shall  be  published  once  a  week  for  not  less  than 
three  successive  weeks  prior  thereto,  in  at  least  one  news- 
paper of  general  circulation  printed  in  the  English  lan- 
guage and  published  in  the  place  where  such  sale  shall 
take  place  and  except  at  a  sum  not  less  than  75  per  cent 
of  the  face  value  thereof,  plus  the  discount,  if  any,  paid  or 
incurred  by  the  corporation  upon  the  notes,  bonds  or 
other  evidence  of  indebtedness  which  they  are  pledged  to 
secure. 

Ch.  593,  1911. 

Reorganization  required  on  forced  sale — Valuation  to  be 
made  by  commission.  §  1753 — 11.  1.  Any  person  or  as- 
sociation of  persons  which  shall  have,  or  may  hereafter 
become  the  owner  or  assignee  of  the  rights,  powers,  privi- 
leges and  franchise  of  any  public  service  corporation, 
created  or  organized  by  or  under  any  law  of  this  State! 
by  purchase  under  a  mortgage  sale,  sale  in  bankrupt  pro- 
ceedings, or  sale  under  any  judgment,  order,  decree  or 
proceedings,  or  any  court  in  this  State,  including  the 
courts  of  the  United  States  sitting  herein,  must,  within 
60  days  after  such  purchase  or  assignment,  organize  anew 
by  filing  articles  of  organization  as  provided  by  law  re- 
specting corporations  for  similar  purposes,  and  thereupon 
shall  have  the  rights,  privileges  and  franchises  which  such 
corporation  had  or  was  entitled  to  have  at  the  time  of 
such  purchase  and  sale,  and  such  as  are  provided  by 
those  statutes  applicable  thereto.  The  new  organization 
may  issue  stock,  certificates  of  stock  and  bonds  for  the 


property  of  the  former  corporation  thus  acquired,  in  an 
amount  not  to  exceed  the  true  value  of  such  property,  as 
found  and  determined  by  the  commission  and  stated  in  the 
certificate  of  authority  issued  to  such  corporation,  in  ac- 
cordance with  the  provisions  of  subsections  5  and  6  of 
§  1753—9  of  the  statutes. 

Ch.  593,  1911. 

Consolidations — Commission's  valuation  first  required.  2. 
No  public  service  corporation  shall  purchase,  directly  or 
Indirectly,  or  in  any  way  acquire  the  property  of  any  other 
public  service  corporation  or  of  any  person  furnishing 
service  to  the  public,  for  the  purpose  of  effecting  a  consoli- 
dation, except  that  the  property  of  such  corporation  or 
person  shall  first  be  valued  as  provided  in  subsection  5  of 
§  1753 — 9  of  the  statutes,  and  then  only  at  a  sum  not  to 
exceed  the  value  found  and  determined  by  the  commission 
and  stated  in  the  certificate  of  authority  issued  to  such 
corporation  for  the  issuance  of  stocks,  certificates  of  stock, 
bonds,  notes  or  other  evidences  of  indebtedness. 

Ch.  593,  1911. 

Corporation  to  record  certificate.  §  1753 — 12.  No  public 
service  corporation  shall  issue  any  stocks,  certificates  of 
stock,  bonds,  notes  or  other  evidences  of  indebtedness 
for  money,  property  or  services,  either  directly  or  In- 
directly, until  there  shall  have  been  recorded  upon  the 
books  of  such  corporation  the  certificate  of  the  commission™ 
herein  provided  for.  H 

Ch.  593,  1911.  Mm 

Disposition  of  proceeds — Commission  may  require  ac- 
count for.  §  1753—13.  The  commission  shall  have  the 
power  to  require  public  service  corporations  to  account 
for  the  disposition  of  the  proceeds  of  all  sales  of  stocks, 
certificates  of  stock,  bonds,  notes  and  other  evidences  of  In- 
debtedness, issued  pursuant  to  this  Act,  and  in  such  form 
and  detail  as  it  may  deem  advisable  and  to  do  and  per- 
form any  and  all  acts  necessary  to  carry  out  the  provisions 
of  this  Act. 

Ch.  593,  1911. 

Bond,  stock  or  scrip  dividend  prohibited.     §   1753 — 14 
No  public  service  corporation  shall  declare  any  stock,  bond 
or  scrip   dividend,  or  divide  the   proceeds  of  the  sale  (^  ■ 
any  stock,  bond  or  scrip  among  its  stockholders.  ■  I 

Ch.  593,  1911.  ^  I 

Appraisal  of  municipal  franchises.  §  1753 — 15.  In  de- 
termining the  value  of  the  property  of  a  public  service  cor- 
poration or  any  person  furnishing  service  to  the  public  for 
the  purposes  of  this  Act,  no  franchise  to  be  a  corpora- 
tion and  no  franchise  or  privilege  granted  to  such  cor- 
poration by  the  State  or  a  municipality  shall  be  appraised, 
fixed  or  considered  at  any  greater  sum  or  value  than  the 
sum  paid  therefor  into  the  public  treasury  of  the  State 
or  the  municipality  granting  the  same.  ^m  I 

Ch.  593,  1911.  S  I 

Appeal.  §  1753 — 16.  Any  such  public  service  corpora- 
tion, if  dissatisfied  with  any  valuation  made  by  the  com- 
mission, or  any  order  or  certificate  made  or  issued  by 
it,  may  commence  an  action  in  the  Circuit  Court  of  Dane 
County  against  the  commission,  as  defendant,  to  vacate 
and  set  aside  such  valuation,  order  or  certificate  on  the 
ground  that  the  same  is  unreasonable  or  unlawful,  in 
which  action  the  complaint  shall  be  served  with  the  sum- 
mons; §§  1797—16  and  1797—17  of  the  statutes  shall  apply_ 
to  all  the  rights  of  the  parties  to  the  proceeding  in  suc'^ 
action. 

Ch.  593,  1911. 

Corporation  and  agents — Penalty  for  unlawful  issue  _ 
and  applications.  §  1753 — 17.  '  Any  public  service  cor- 
poration as  herein  defined,  or  any  agent,  director  or  officer 
thereof,  who  shall,  directly  or  indirectly,  issue  or  cause  to 
be  issued,  any  stocks,  certificates  of  stock,  bonds,  notes  or 
other  evidences  of  indebtedness,  contrary  to  the  provisions 
of  this  Act,  or  who  shall  apply  the  proceeds  from  the  sale 
thereof  to  any  purposes  other  than  that  specified  in  the 
certificate  of  the  commission,  as  herein  provided,  shall 
forfeit  and  pay  into  the  State  treasury  not  less  than  |500_ 
nor  more  than  $10,000  for  each  offense.  " 

Ch.  593,  1911. 

Corporation   officers — Penalty  for  false  statements  an 
violations.    §  1753 — 18.    Each  and  every  director,  president 
secretary   or   other   official   or   agent   of   any   such    public 
service  corporation,  who  shall  make  any  false  statement 
to  secure  the  issue  of  any  stock,  certificates  of  stock,  bond, 
note  or  other  evidence  of  indebtedness,  or  who  shall  by 


ply 

II 


500 


Public  Service  Laws 


1459 


false  statement  knowingly  made,  procure  of  the  commis- 
sion the  making  of  the  certificate  herein  provided,  or  issue 
with  knowledge  of  such  fraud,  negotiate  or  cause  to  be 
negotiated  any  such  bond  or  other  issue,  in  violation  of 
these  statutes,  shall  be  guilty  of  a  felony  and  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  of  not  less  than 
|500  or  by  imprisonment  in  the  State  prison  for  a  term 
of  not  less  than  one  nor  more  than  10  years,  or  by  both 
such  fine  and  Imprisonment  in  the  discretion  of  the  court. 
Ch.  593,  1911. 

to  apply  to  all  stocks,  bonds,  etc.,  not  actually  issued  or 
delivered.  §  1753 — 19.  All  stocks,  certificates  of  stock, 
bonds,  notes  or  other  evidences  of  indebtedness  issued  or 
delivered  by  any  public  service  corporation,  after  this 
Act  takes  effect,  upon  the  authority  of  any  articles  of  in- 
corporation or  amendments  thereto  or  vote  of  the  stock- 
holders or  directors  filed,  taken  or  had  previous  to  the 
taking  effect  of  this  Act,  shall  be  void  unless  the  certificate 
provided  for  by  this  Act  shall  have  been  obtained  from 
the  commission  prior  to  such  issue  or  delivery.  The  burden 
of  proof  shall  be  upon  any  party  claiming  any  exemption 
under  this  Act. 

Ch.  593,  1911. 

Preferred  stock.  §  1753 — 20.  1.  Any  public  service 
corporation  may  provide  for  preferred  stock  in  its  original 
articles  of  organization,  or  by  amendment  thereto  adopted 
by  the  aflirmative  vote  of  the  holders  of  not  less  than 
two-thirds  of  the  outstanding  stock,  and  may  in  such  ar- 
ticles, or  by  such  amendment  thereto  adopted  by  the 
aflirmative  vote  of  the  holders  of  two-thirds  of  the  out- 
standing stock,  provide  for  the  increase  of  the  amount  of 
preferred  stock  theretofore  authorized  and  provide  for 
the  payment  of  dividends  on  all  preferred  stock,  when- 
ever so  authorized,  out  of  the  profits  at  a  specified  rate 
not  to  exceed  8  per  cent  per  annum,  before  dividends  are 
paid  upon  the  common  stock;  for  the  accumulation  of  such 
dividends;  for  a  preference  of  such  preferred  stock,  not, 
however,  exceeding  the  par  value  thereof  over  the  common 
stock  in  the  distribution  of  the  corporate  assets  other 
than  profits;  for  the  redemption  ot  such  preferred  stock  at 
a  sum  not  to  exceed  the  face  value  thereof,  and  any  accu- 
mulations and  unpaid  dividends,  if  said  stock  provides  tor 
the  accumulation  of  dividends;  and  for  denying  or  re- 
stricting the  voting  power  of  such  preferred  stock. 

Ch.  593,  1911. 

Stock  not  to  bear  interest — Preferred  stock  privileges 
to  be  printed  on  certificates — Amendment  to  articles.  2. 
Neither  preferred  nor  common  stock  shall  bear  interest. 
Certificates  of  preferred  stock  and  common  stock  shall 
state  on  the  face  thereof  all  privileges  accorded  to  and 
all  restrictions  Imposed  on  preferred  stock.  No  change 
or  amendment  in  relation  to  such  preferred  stock  shall 
be  made,  except  by  way  ot  amendment  to  the  articles  of 
organization,  adopted  by  the  affirmative  vote  of  the  hold- 
ers of  two-thirds  of  all  outstanding  stock,  both  preferred 
and  common,  at  a  special  meeting  called  therefor  in  accord- 
ance with  the  provisions  of  the  articles  ot  incorporation 
and  the  by-laws  of  said  company. 

Ch.   593,   1911. 

Fee  to  be  paid  for  certificate.  §  1753—21.  Before  the 
issuance  of  the  certificate  in  this  Act  provided,  author- 
izing any  public  service  corporation  to  issue  bonds,  notes 
or  other  evidences  of  indebtedness,  for  purposes  properly 
chargeable  to  its  capital  account,  such  corporation  shall 
pay  the  commission  a  fee  of  $1  for  each  $1,000  of  the  face 
value  of  the  bonds,  notes  or  other  evidences  of  indebted- 
ness to  be  Issued  by  virtue  of  such  authority,  provided 
that  no  fee  shall  be  required  when  such  issue  is  made  for 
the  purpose  of  guaranteeing,  taking  over,  refunding,  dis- 
charging or  retiring  any  bonds,  notes  or  other  evidences 
of  indebtedness.  Such  fees  when  collected  shall  be  paid 
into  the  common  school  fund  income. 

Ch.  593,  1911. 

Application — Issues  heretofore  authorized  by  commis- 
sion exempt.  §  1753—22.  The  provisions  of  this  Act  shall 
not  apply  to  any  stock,  bonds  or  other  evidence  of  in- 
debtedness heretofore  authorized  by  the  commission 

Ch.  593,  1911. 

Conflicting  Acts  repealed.  §  3.  All  Acts  or  parts  of  Acts 
conflicting  with  any  provision  of  this  Act,  excepting  §  1826 
and  subsection  10  of  §  1828  and  §  1833,  are  repealed  In 
60  far  as  they  are  inconsistent  therewith. 

Ch.  593,  1911. 


Electric  line  tcays  across  railroads — Condemnation  pro- 
ceedings. §  1778a.  1.  Condemnation  proceedings  may  be 
instituted  for  the  taking,  by  such  corporation,  of  rights, 
easements  or  interests  over  bridges  and  streams  and  in 
land  on  or  within  public  highways,  roads,  streets  and  alleys 
(and  in  the  case  of  telegraph,  telephone,  heat  and  power 
transmission  corporations  in  and  on  or  within  private 
alleys  and  across  railroad  rights  of  way)  over,  upon  or  be- 
neath which  the  line  or  system  is  or  is  to  be  constructed 
or  located,  either  by  the  corporation  or  any  person  inter- 
ested in  the  land.  They  shall  be  commenced  by  petition 
to  the  Circuit  Court  or  a  Circuit  Court  judge  of  the  county 
in  which  the  land  lies. 

2.  The  petition  may  be  signed  and  verified  in  the  same 
manner  as  pleadings  in  the  Circuit  Court  and  shall  con- 
tain the  following  in  substance:  The  highway,  road,  street, 
alley  or  railway  right  of  way  along,  underneath  or  over 
which  the  line  or  system  is  to  be  or  has  been  constructed, 
whether  such  line  or  system  is  to  be  or  has  been  con- 
structed by  running  wires  and  cables  upon  poles  overhead 
or  by  wires,  cables  or  pipes  in  underground  conduits, 
tunnels,  or  ways,  or  otherwise;  the  terminus  of  the  line 
or  system  on  such  property,  if  any,  and  on  which  side  or 
part  of  the  highway  the  line  or  system  is  or  will  be  lo- 
cated; if  made  by  the  corporation,  that  it  intends  In 
good  faith  to  use  such  real  estate  and  it  is  required  for 
its  use;  if  made  by  another,  that  it  is  used  or  is  designed 
by  the  corporation  to  be  used  for  telegraph,  telephone 
imrposes  or  for  the  transmission  ot  power,  heat  or  electric 
light  for  public  purposes. 

Ch.  G31,  1907. 

LAWS    AFFECTING    THE    REGULATION    OF    PUBLIC 
UTILITIES,    INCLUDING   WATER-POWER. 

Cities  under  general  law — Waterworks — Rates — Collec- 
tion— Indebtedness.  S  925 — 98.  When  cities  own  the  water- 
works or  lighting  works,  the  water  rates  or  charges  for  , 
lighting  shall  be  collected  by  the  treasurer  and  be  first 
devoted  to  the  expense  of  maintaining  and  operating  the 
works,  paying  the  principal  and  interest  of  any  indebted- 
ness created  in  the  construction  or  purchase  thereof,  and 
the  balance,  if  any.  shall  be  paid  into  the  general  fund. 
The  common  council  of  every  city  which  shall  construct 
or  own  and  operate  lighting  works  or  waterworks  to 
supply  the  city  and  its  inhabitants  with  light  or  water  may, 
by  ordinance,  fix  the  rates  to  be  charged  for  light  or  water 
furnished  the  inhabitants  thereof  and  provide  tor  the  col- 
lection of  the  same  either  quarterly  or  semi-<annually  in 
advance  or  otherwise;  provided,  such  rates  shall  be  uni- 
form for  like  services  in  all  parts  of  the  city.  The  pro- 
visions of  the  next  following  .section  shall  apply  to  the 
listing  and  collection  of  unpaid  rates  or  charges  for  light 
or  water  so  furnished,  so  far  as  they  are  applicable. 

Ch.  3G7,  1909. 

Water  mains,  when  owned  by  city — Expenses.  §  925 — 
106.  The  preceding  provisions  relating  to  the  construction 
ot  water  mains  in  whole  or  in  part  at  the  expense  of 
abutting  owners  shall  not  apply  except  in  cases  where  the 
city  owns  the  works,  and  in  cases  where  the  waterworks 
are  now  owned  or  may  hereafter  be  purchased  by  the  city, 
the  extensions  of  mains  after  such  purchase  shall  be  made 
at  the  expense  of  the  city  at  large  or  at  the  expense 
of  abutting  property  as  the  council  shall  determine. 

Ch.  287,  1909. 

Cities  fourth  class — Motive  power  and  machinery.  §  926 
— 126.  Every  city  of  the  fourth  class  in  the  State  of 
Wisconsin,  whether  operating  under  a  general  or  special 
charter,  is  hereby  authorized  and  empowered  to  purchase, 
lease  or  construct  motive  power  and  machinery  for  the 
purpose  of  maintaining  and  operating  for  public  use,  light- 
ing plant  and  waterworks  and  for  such  purpose  may  lease, 
purchase  and  hold  the  necessary  real  and  personal 
property. 

Ch.  204,  1907. 

Cities  fourth  class — Powers  relating  to  waterworks, 
lighting  plants.  §  926 — 127.  The  authority  and  power 
granted  in  §  925 — 126  shall  be  exercised  only  in  accordance 
with  the  provisions  of  §§927—11  to  927—19,  inclusive,  of 
the  statutes,  unless  such  city  shall  have  adopted  §  925 — 133 
of  the  statutes. 

Ch.  485,  1909. 

Municipal  ownership  of  utilities— Ordinance — Publicor 
tion.      §    927 — 11.     Any   plant   or   equipment   or   any   part 


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thereof  for  the  production,  transmission,  delivery  or  fur- 
nishing of  heat,  light,  water  or  power  may  be  constructed 
or  acquired  by  any  town,  village  or  city  as  herein  pro- 
vided. Before  any  town,  village  or  city  shall  construct  or 
acquire  any  such  plant  or  equipment  or  any  part  thereof, 
under  this  section,  the  common  council,  board  of  aldermen, 
the  board  of  trustees,  the  town  or  village  board  or  the 
governing  body  of  such  town,  village  or  city  shall  author- 
ize such  acquisition  or  construction  by  a  resolution  or 
ordinance  adopted  at  a  regular  meeting  by  a  vote  of  at 
least  a  majority  of  the  members  elect.  At  least  one  week 
prior  to  such  meeting  the  proposed  resolution  or  ordinance 
shall  be  published  in  the  official  paper  of  the  town,  village 
or  city  or  if  no  paper  be  published  therein,  such  proposed 
resolution  or  ordinance  shall  be  posted  in  four  of  the  most 
public  places  in  such  town,  city  or  village  at  least  10 
days  prior  to  such  meeting. 

Ch.  665,  1907. 

Ordinance — Provisions.  §  927 — 12.  Such  resolution  or 
ordinance  shall  prescribe  the  parts  of  the  expense  of  such 
acquisition  or  construction  to  be  paid  out  of  the  general 
fund  of  the  city  or  from  the  proceeds  or  bonds  Issued 
pursuant  to  law  or  from  the  proceeds  of  mortgage  cer- 
tificates issued  as  in  this  Act  provided. 

Ch.  665,  1907. 

Special  election.  §  927 — 13.  Such  resolution  or  ordi- 
nance shall  also  direct  the  town,  village  or  city  clerk  to 
call  a  special  election  for  the  purpose  of  submitting  to 
the  electors  thereof  the  question  of  the  acquisition  or 
construction  of  such  plant  or  equipment  or  part  thereof  in 
the  manner  provided  in  such  resolution  and  to  be  paid 
for  In  the  manner  therein  provided. 

Ch.  665,  1907. 

Notice  of  election — Items.  §  927 — 14.  The  notice  of  such 
election  shall  state:  (1)  The  purpose  thereof;  (2)  the  plant, 
equipment  or  part  thereof  it  is  proposed  to  acquire  or  In- 
struct; (3)  the  proposed  manner  of  payment  for  the  same; 
(4)  the  time  and  place  of  holding  the  election  and  the  hours 
at  which  the  polls  will  be  opened  and  closed.  Such  notice 
shall  be  signed  by  the  town,  village  or  city  clerk  and  be 
published  in  one  or  more  newspapers  in  the  town,  village 
or  city  for  three  successive  weeks  prior  to  the  election; 
if  no  newspapers  be  published  therein,  such  notice  shall 
be  posted  in  four  of  the  most  public  places  in  the  town, 
village  or  city,  at  least  20  days  prior  to  the  election. 

Ch.  665,  1907. 

Cativass  and  return;  ballot  form.  §  927 — 15.  Such 
election  shall  be  held  and  conducted  and  the  results 
canvassed  and  certified  as  provided  in  §  943  of  the  statutes. 
The  question  shall  be  printed  upon  any  ballot  issued  at 
such  election  in  substantially  the  following  form: 

"Shall  (designate  plant,  equipment  or  part  thereof)  be 
acquired  or  constructed  and  mortgage  certificates  (and) 
(or)   (bonds)  be  issued  therefor?" 

Ch.  665,  1907. 

Separate  ballot — When  unnecessary.  §  927 — 16.  When 
any  such  special  election  is  held  at  the  same  time  as  a 
regular  or  special  town,  village  or  city  election,  then  such 
form  of  ballot,  instead  of  being  separate,  may  be  printed 
upon  the  official  municipal  or  town  ballot  to  be  voted  at 
such  election. 

Ch.  665,  1907. 

Mortgage  certificates — Recital.  §  927 — 17.  If  the  reso- 
lution or  ordinance  and  the  notice  of  election  to  the 
voters  shall  call  for  the  issuing  of  mortgage  certificates  and 
if  a  majority  of  the  ballots  cast  shall  be  in  favor  of  such 
proposition,  the  chairman  and  clerk  of  the  town,  the 
president  and  clerk  of  the  village  or  the  mayor  and  clerk 
of  the  city,  as  the  case  may  be,  shall  issue  mortgage 
certificates  for  the  purpose  and  to  the  amount  stated, 
which  certificates  shall  recite  upon  their  face  that  the 
same  are  secured  by  a  trust  deed  or  a  mortgage  upon  the 
plant,  equipment  or  part  thereof  so  acquired  or  constructed 
and  that  no  municipal  liability  is  created  thereby. 

Ch.  665,  1907. 

Certificates — Interest,  price,  maturity.  §  927 — 18.  Such 
mortgage  certificates  shall  bear  interest  not  to  exceed  6 
per  cent  per  annum,  payable  semi-annually,  shall  not  be 
sold  for  less  than  par  value  and  shall  be  made  payable  at 
the  option  of  such  city  in  not  less  than  five  years  from  the 
date  thereof  and  in  not  more  than  20  years  from  the  date 
thereof. 

Ch.  665,  1907. 


Mortgage  on  plant  —  Provisions  —  Default  —  Re-issue. 
§  927 — 19.  To  secure  the  payment  of  the  principal  and  in- 
terest of  such  mortgage  certificates,  the  chairman  and 
clerk  of  the  town,  the  president  and  clerk  of  the  village 
or  the  mayor  and  clerk  of  the  city,  as  the  case  may  be, 
shall  execute  to  the  purchasers  of  such  mortgage  certifi- 
cates, or  to  a  trustee,  selected  by  the  town,  village  or  city 
by  resolution  or  ordinance,  a  trust  deed  or  mortgage  In 
such  manner  and  form  as  may  be  by  such  resolution 
or  ordinance  prescribed,  upon  the  plant,  equipment  or  part 
thereof  acquired  or  constructed  and  upon  all  future  addi- 
tions and  extensions  thereto,  which  trust  deed  or  mortgage 
shall,  among  other  things,  provide:  (1)  That  the  lien 
of  such  trust  deed  or  mortgage  upon  the  property  therein 
mentioned  and  upon  the  income  from  such  plant,  eq'jlp- 
ment  or  part  thereof  shall  be  the  only  security  which  the 
holder  of  such  mortgage  certificates  shall  have,  and  that 
by  such  trust  deed  or  mortgage  and  by  such  mortgage  cer- 
tificates, no  municipal  liability  shall  be  created;  (2)  that 
the  income  derived  from  the  operation  of  such  plant,  equip- 
ment or  part  thereof,  over  and  above  the  actual  and  t  ec- 
essary  running  expenses  and  necessary  repair  shall  be 
kept  as  a  separate  fund  in  the  treasury  of  such  town,  vil- 
lage or  city,  out  of  which  fund  the  interest  on  such  mort- 
gage certificates  shall  be  paid,  as  in  said  mortgage  cer  ifl- 
cates  provided;  (3)  that  out  of  the  excess  an  amount  lot 
less  than  4  per  cent  of  the  face  value  of  such  mortgi  ge 
certificates  shall  be  annually  set  aside  as  a  sinking  fi  nd 
and  invested  as  other  sinking  funds  of  such  town,  villi  ge 
or  city  are  invested,  to  meet  the  principal  of  such  m<  rt- 
gage  certificates  at  maturity,  and  that  the  income  exc  jss 
of  such  running  expenses  and  repairs,  interest  and  si  ik- 
ing fund  may  be  used  for  the  extension  and  improvemi  nt 
of  such  plant,  equipment  or  part  thereof,  or  otherwise,  as 
may  be  directed  by  ordinance  or  resolution;  (4)  that  if 
any  payment  of  interest  due  upon  such  certificates  sh  ill 
remain  unpaid  for  a  period  of  12  months  or  if  any  part  of 
such  principal  shall  not  be  paid  when  due,  the  said  mc  rt- 
gage  or  trust  deed  may  be  foreclosed  as  is  provided  by 
law  for  the  foreclosure  of  other  mortgages  and  trust  dee  Is. 
Upon  default  in  the  payment  of  principal  or  interest,  I  rie 
holder  or  holders  of  such  trust  deed  or  mortgage  m:  y, 
at  his  or  their  option,  by  a  notice  in  writing  served  af  er 
such  default,  declare  the  whole  amount  secured  by  su  ;h 
trust  deed  or  mortgage  due  and  payable  six  months  af  er 
the  service  of  such  notice,  after  which  time  such  wh(  le 
amount  shall  be  so  due  and  payable. 

Any  such  town,  village  or  city  may  issue  new  mortga  5e 
certificates  in  the  manner  hereinbefore  provided  secur  3d 
in  the  same  manner,  to  provide  funds  for  the  payment  of 
the  principal  and  interest  upon  any  such  mortgage  cert  fi- 
cates  so  defaulted,  provided,  that  upon  any  reissue  of 
such  mortgage  certificates  the  question  shall  not  be  e- 
quired  to  be  submitted  to  the  electors  whenever  such  e- 
issue  shall  be  approved  by  a  vote  of  not  less  than  tv  o- 
thlrds  of  the  town  board,  village  board  or  common  coum  11, 
as  the  case  may  be. 

Upon  any  such  re-issue  which  shall  not  be  submitted  to 
a  vote  of  the  electors,  the  rate  of  interest  and  times  of 
payment    shall    be    fixed    within    the    limits    specifiedj 
§  927—18. 

Ch.  665,  1907. 

Municipal  bond  issues  for  electric  plants  legalized. 
§  927 — 19a.  Whenever  any  bonds  heretofore  or  hereafter 
issued  and  sold  by  any  city,  whether  incorporated  under 
general  law  or  special  Act,  for  the  construction  or  purchase 
or  the  erection  and  maintenance  of  an  electric  lighti  ig 
plant,  and  the  proceeds  of  which  shall  have  been  expended 
in  whole  or  in  part  by  such  city  in  or  about  the  ccn- 
struction  or  purchase  of  such  plant,  or  of  a  site  therefor, 
shall  be  invalid  for  any  reason,  and  such  city  shall,  oy 
further  proceedings  subsequent  to  such  issue,  sale  aid 
expenditure,  have  determined  in  the  manner  provided  by 
law  to  issue  bonds  for  the  construction  or  purchase  of 
an  electric  lighting  plant,  or  for  the  construction  of  a 
plant  for  the  production,  transmission,  delivery  and  fur- 
nishing of  electric  light  for  lighting  streets,  public  grounds 
and  public  buildings  in  the  said  city,  and  for  the  produc- 
tion, transmission,  delivery  and  furnishing  power  for 
municipal  purposes,  said  invalid  bonds  theretofore  Issued 
and  sold  shall,  if  ratified  by  a  majority  vote  of  the  mem- 
bers-elect of  the  common  council  of  such  city,  be  legal  and 
binding;  and  such  city  is  authorized  and  empowered, 
after  such  ratification,  to  use  any  property  acquired  with 


11 


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1461 


the  proceeds  of  such  bonds  and  any  unexpended  portion 
of  such  proceeds  in  and  about  the  construction  or  purchase 
of  an  electric  lighting  plant  for  which  such  city  shall  have 
legally  determined  to  issue  bonds  as  aforesaid;  provided, 
that  such  invalid  bonds,  upon  being  so  ratified,  shall  not 
be  considered  an  addition  to  the  bonds  legally  authorized, 
but  as  a  part  thereof. 

Ch.  75,  1911. 

Cities,  fourth  class:  franchise — Curative  provisions. 
I  943t.  If  any  incorporated  village  (subsequently  incor- 
porated as  a  city  of  the  fourth  class)  have  granted  any 
franchise  to  construct  and  operate  any  waterworks,  electric 
lighting,  gas  or  street  railway  system  and  reserved  therein 
to  itself  the  option  to  purchase  the  same;  and  such  city 
have  exercised  such  option  and  proceeded  to  issue  bonds 
for  such  purpose  upon  a  two-thirds  vote  of  the  electors 
in  favor  of  such  bond  issue;  and  no  action  or  proceed- 
ing to  contest  the  validity  of  anything  so  done  by  such 
city  In  that  behalf  having  been  commenced,  any  such  pur- 
chase and  any  such  bonds  are  legal  and  valid,  notwith- 
standing any  failure  on  the  part  of  such  city  to  comply 
with  any  statutory  requirement  at  the  time  existing. 

Ch.  145,  1907. 

Division  of  town  not  to  transmit  power  plants.  §  959 — 
70m.  In  case  of  any  town,  operating  under  the  provisions 
of  subdivision  13  of  §  776,  of  the  statutes,  which  has 
constructed  and  is  operating  within  any  such  village  an 
electric  lighting  and  water  plant,  or  either,  for  public  use 
of  such  village  and  which  has  for  such  purpose  of  oper- 
ating such  lighting  or  water  plant  for  such  use,  built 
and  constructed  in  such  town  beyond  the  limits  of  any 
such  village  a  dam,  power-house  or  other  structures  for 
the  creation  and  transmission  of  power  necessary  for 
their  operation,  and  used  within  any  such  village  for 
the  purpose  aforesaid,  whenever  in  any  such  case  a  divi- 
sion is  made  of  the  territory  of  any  such  town  by  the 
creation  of  new  towns  or  otherwise,  any  such  dam,  power- 
house or  other  structure  and  any  line  or  lines  of  transmis- 
sion used  in  connection  therewith,  shall,  upon  any  such 
division  of  territory  being  made,  be  and  remain  the  prop- 
erty of  the  town  containing  such  village  where  such  lights 
or  water  are  furnished  and  used  for  public  purposes  as 
aforesaid  and  the  right  of  such  town  containing  such  vil- 
lage to  continue  to  maintain  and  operate  any  such  dam, 
power-house  or  other  structure  or  any  line  or  lines  of 
transmission  connected  therewith  shall  not  be  in  any  man- 
ner affected  by  any  such  division  of  territory. 
Ch.  281,  1907. 

City  officers — Interested  in  puT)lic  service  contracts  in- 
eligiile.  §  976s.  No  person  shall  be  eligible  to  any  city 
office  who  directly  or  indirectly  has  any  pecuniary  inter- 
est in  any  contract  for  furnishing  heat,  light,  water,  power 
or  other  public  service  to  or  for  such  city  or  who  is  a 
stockholder  in  any  corporation  which  has  any  such  con- 
tract. 

Ch.  69,  1909. 

Wires  on  highways.  §  1329a.  1.  Any  person,  firm  or 
corporation  may,  with  the  written  consent  of  the  super- 
visors of  the  town,  construct  and  operate  a  line  of  tele- 
graph, telephone  or  electric  wires  for  the  purpose  of 
transmitting  light  or  power  along  or  within  the  limits  of 
any  highway,  subject  to  the  restrictions  and  conditions 
herein  contained. 

Poles.  2.  All  poles  used  in  the  construction  of  such 
lines  shall  be  set  in  such  manner  as  not  to  interfere  with 
the  use  of  such  highway  by  the  public  nor  with  the  use  of 
the  adjoining  land  by  the  owner  thereof;  and  all  wires 
strung  upon  such  poles  shall  not  be  less  than  24  feet  above 
the  ground  at  all  crossings  and  not  less  than  14  feet 
above  the  ground  at  all  other  places. 

Trees.  3.  But  no  tree  shall  be  cut,  trimmed  or  the 
branches  thereof  cut  or  broken  in  the  construction  or 
maintenance  of  any  such  line  without  the  consent  of  the 
owner  of  the  tree. 

Penalty.  4.  Any  person,  firm  or  corporation  erecting 
any  telephone,  telegraph,  electric  light  or  other  pole  or 
stringing  any  telephone,  telegraph,  electric  light  or  other 
wire  in  violation  of  the  provisions  of  this  Act  shall  forfeit 
a  sum  not  less  than  $10  nor  more  than  $50  to  be  recovered 
in  an  action  in  the  name  of  the  State. 

Ch.  313,  1907. 


WATER-POWER   LAW. 

§  §  1596  to  1596—76. 

'Navigaile  waters — Bridges — Rights  of  United  States. 
§  1596.  1.  All  rivers  and  streams  which  have  been  me- 
andered and  returned  as  navigable  by  the  surveyors  em- 
ployed by  the  government  of  the  United  States  and  all 
rivers  and  streams,  meandered  or  non-meandered,  which 
are  navigable  in  fact  for  any  purpose  whatsoever  are 
hereby  declared  navigable  ...  to  the  extent  that  no 
dam,  bridge  or  other  obstruction  shall  be  made  in  or 
over  the  same  without  the  permission  of  the  legislature; 
but  this  section  shall  not  be  construed  to  impair  the  powers 
granted  by  law  to  towns,  counties  or  cities  to  construct 
bridges  over  such  rivers  and  streams.  The  consent  of  this- 
State  is  hereby  given  to  the  acquisition  by  the  United 
States  of  all  lands  and  appurtenances  in  this  State  which 
have  been  or  may  be  acquired  by  the  United  States  for 
the  purpose  of  erecting  thereon  dams,  abutments,  locks, 
lock-keepers'  dwellings,  chutes  or  other  structures  neces- 
sary or  desirable  in  improving  the  navigation  of  the  rivers 
or  other  waters  within  and  on  the  borders  of  this  State, 
and  the  United  States  may  hold,  use  and  occupy  such 
lands  and  other  property  and  exercise  exclusive  jurisdiction 
and  control  over  the  same  subject  to  the  right  of  this 
State  to  have  civil  and  criminal  process  issued  out  of  any 
of  its  courts  executed  within  and  upon  said  lands. 

Dams,  etc.,  constructed  or  maintained  contrary  to  sec- 
tion, public  nuisances.  2.  Any  dam,  bridge  or  other  ob- 
struction constructed  or  maintained  in  or  over  any  nav- 
igable waters  of  this  State  in  violation  of  the  provisions 
of  this  section  is  hereby  declared  to  be  a  public  nuisance, 
and  the  construction  of  any  such  dam,  bridge  or  other  ob- 
struction may  be  enjoined  or  its  maintenance  abated  by 
action  at  the  suit  of  the  State  or  any  citizen  thereof. 

Penalty.  3.  Any  person,  firm,  association  of  individuals, 
or  corporation  violating  any  of  the  provisions  of  this  sec- 
tion shall  forfeit  for  each  such  offense,  and  for  each  day 
that  any  such  dam,  bridge  or  other  obstruction  is  main- 
tained or  remains  in  or  over  any  such  waters,  the  sum 
of  fifty  dollars,  the  same  to  be  collected  in  an  appropriate 
action  to  be  brought  and  prosecuted  by  the  attorney-gen- 
eral or  by  some  other  duly  authorized  person  in  behalf  of 
the  State. 

Railroad  commission  to  report  violations  of  laws  to 
governor.  >}.  It  shall  be  the  duty  of  the  railroad  commis- 
sion to  report  to  the  governor  any  violation  of  this  sec- 
tion, and  the  governor  shall  thereupon  cause  the  attorney- 
general,  or  some  other  person  duly  authorized  by  the  gov- 
ernor to  act  in  his  stead,  to  institute  proceedings  against 
the  violator  as  provided  in  subsections  2  and  3  of  this 
section. 

Ch.  652,  1911. 

Franchise  to  be  obtained  from  State.  §  1596a.  1.  No 
person,  firm,  association  of  individuals,  corporation  or 
municipality  shall  conduct  or  maintain  or  operate  or  use 
any  dam  or  other  improvements  in  or  across  any  meandered 
or  non-meandered  stream  in  this  State,  navigable  in  fact 
for  any  purpose  whatsoever,  without  having,  holding  or 
obtaining  a  franchise  from  the  State  authorizing  the  con- 
struction or  maintenance  and  operation  or  use  of  such  dam 
or  improvements. 

Dams,  etc.,  constructed  or  maintained  contrary  to  sec- 
tion, public  nuisances.  2.  Any  dam  or  Improvements  con- 
structed or  maintained  in  or  across  any  such  stream  in 
violation  of  the  provisions  of  this  section  is  hereby  declared 
to  be  a  public  nuisance,  and  the  construction  of  any  such 
dam  or  improvements  may  be  enjoined  or  its  maintenance 
abated  at  the  suit  of  the  State  or  any  citizen  thereof. 

Ch.  G52,  1911. 

Use  of  navigable  waters  for  power  a  public  use.  §  1596 — 
1.  The  use  of  navigable  waters  for  power  developed  under 
a  franchise  granted  under  the  provisions  of  this  Act  is 
hereby  declared  to  be  a  public  use. 

Ch.  652,  1911. 

Power  subject  to  State  control.  §  1596 — 2.  All  energy, 
developed  or  undeveloped,  of  the  navigable  waters  of  this 
State  is  subject  to  the  control  of  the  State  for  the  public 
good. 

Ch.  652,  1911. 

Power  held  by  State  in  trust  for  all  the  people.  §  1596 
— 3.     The  beneficial  use  and  natural  energy  of  the  navl- 


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National  Association  of  Railway  Commissioners 


^ 


gable  waters  of  this  State  for  all  public  uses  are  held  by 
the  State  in  trust  for  all  of  the  people. 

Ch.  652,  1911. 

Control  retained  iy  State.  §  1596 — 4.  The  State  ex- 
pressly reserves  the  right  to  manage,  regulate  and  con- 
trol from  time  to  time,  as  provided  in  this  Act,  the  use  and 
distribution  of  the  power  created,  generated  or  developed 
under  a  franchise  granted  under  the  provisions  of  this 
Act,  and  to  regulate,  manage  and  control  the  level  and 
flow  of  water  In  all  navigable  waters  of  this  State. 

Ch.  052,  1911. 

Definitions:  railroad  commission.  §  1596 — 5.  1.  The 
term  "railroad  commission."  as  used  in  this  Act,  shall 
mean  the  railroad  commission  of  Wisconsin. 

Navigable  waters.  2.  The  term  "navigable  waters"  as 
used  in  this  Act  shall  mean  all  streams,  rivers,  lakes  and 
connecting  waters  in  the  State  of  Wisconsin,  meandered 
or  non-meandered,  which  are  navigable  in  tact  for  any  pur- 
pose whatsoever. 

Franchise.  3.  The  term  "franchise"  as  used  In  this  Act 
shall  mean  a  grant  of  authority  by  the  legislature,  under 
the  provisions  of  this  Act,  to  any  person,  firm,  corporation 
or  municipality  to  improve  the  navigation  of  navigable 
waters,  including  the  right  to  construct  and  maintain  any 
dam  and  improvements  therein  for  said  purpose,  or  for 
said  purpose  and  for  other  lawful  purposes,  and  the  right 
to  utilize  under  the  provisions  of  this  Act  any  hydraulic 
power  created  and  developed  by  virtue  of  said  improve- 
ment. 

Applicant.  4.  The  term  "applicant"  as  used  In  this 
Act  shall  mean  any  person,  firm,  corporation  or  munici- 
pality applying  to  the  railroad  commission  for  a  franchise 
to  be  granted  as  provided  in  this  Act. 

Appropriator.  5.  The  term  "appropriator"  as  used  In 
this  Act  shall  mean  any  person,  firm,  corporation  or 
municipality,  their  heirs,  executors,  administrators,  suc- 
cessors, assigns,  trustees  or  receivers  appointed  by  any 
court  whatsoever,  who  have,  hold,  take  or  accept  any 
franchise  granted  under  the  provisions  of  this  Act. 

Improvements.  6.  The  term  "improvements"  as  used 
In  this  Act  shall  include  any  dam  or  dams  constructed  and 
maintained  in  navigable  waters  under  a  franchise  granted 
pursuant  to  the  provisions  of  this  Act  for  the  improvement 
of  navigation,  together  with  all  weirs,  tunnels,  races, 
flumes,  sluices,  pits,  locks,  chutes,  boat  hoists,  marine  rail- 
ways, flshways,  and  other  structures,  machines,  and  de- 
vices necessary  or  essential  for  the  development  of  hy- 
draulic power  and  for  the  generation  of  mechanical  energy 
or  electrical  energy,  or  both,  constructed  within  or  made 
a  part  of  such  dam  or  dams,  and  such  machines,  connec- 
tions, regulation  and  transmission  devices  as  may  be 
found  by  the  railroad  commission  to  be  necessary  for  the 
utilization  of  energy  in  connection  with  the  proposed  im- 
provement; and  all  reservoir,  flowage,  and  other  rights 
and  easements  and  all  lands  necessary  and  used  under 
such  franchise  for  the  maintenance  of  such  dam  or  dams 
and  the  structures  and  devices  above  enumerated. 

Municipality.  7.  The  term  "municipality"  as  used  in 
this  Act  shall  mean  any  town,  village,  city,  or  county  within 
this  State. 

Ch.  652,  1911. 

Franchise:  purposes — Rights.  %  1596 — 6.  Every  fran- 
chise granted  under  the  provisions  of  this  Act  shall  be 
granted  for  the  purpose  of  Improving  the  navigation  of 
navigable  water,  and  shall  include  the  right  to  construct 
and  maintain  any  dam  or  improvements  therein  for  said 
purpose,  or  for  said  purpose  and  for  other  lawful  purposes, 
and  shaH  include  the  right  to  utilize  under  the  terms,  con- 
ditions and  provisions  of  this  Act  any  hydraulic  power 
created  and  developed  by  virtue  of  said  improvement,  and 
every  such  franchise  shall  contain  and  embrace  all  the 
terms,  conditions  and  provisions  of  this  Act  and  all  flnd- 
ings,  orders,  stipulations  and  rulings  of  the  railroad  com- 
mission made  pursuant  to  the  provisions  of  this  Act. 

Ch.  C52,  1911. 

Use  0/  power  authorized.  §  1596 — 7.  Any  appropriator 
is  hereby  authorized  and  empowered,  subject  to  the  terms, 
conditions  and  provisions  of  this  Act,  to  utilize  for  any 
lawful  purpose  any  hydraulic  power  created  or  developed 
by  virtue  of  any  improvement  authorized  by  any  franchise. 

Ch.  052,  1911. 

Application  lor  franchise.    §  1596 — 8.   Any  person,  firm, 


or  corporation  organized  under  the  laws  of  this  State  or  any 
municipality  desiring  to  secure  a  franchise  under  this  Act 
shall  file  with  the  railroad  commission  a  verified  applica- 
tion which  shall  set  forth  and  include  the  following: 

(1)  The  name  and  location  of  the  waters  sought  to 
be  improved. 

(2)  The  extent  to  which  the  navigation  of  such  waters 
win  be  improved  by  the  proposed  improvement. 

(3)  The  nature,  the  scope,  and  the  manner  of  making 
said  proposed  improvement. 

(4)  A  description,  by  metes  and  bounds,  of  the  land 
upon  which  It  is  proposed  to  construct  and  maintain  any 
dam  or  other  improvements  necessary  for  making  the  pro- 
posed improvement,  and  the  value  of  such  lands. 

(5)  A  general  description  of  any  dam  proposed  to  be 
constructed.  Including  the  height  thereof  as  measured  from 
mean  low  water  level,  and  the  average  head  of  water  pro- 
posed to  be  maintained  thereby,  and  a  general  statement 
as  to  the  material  to  be  used  in  the  construction  of  any 
such  dam  and  other  improvements. 

(6)  If  hydraulic  power  will  be  developed  in  connection 
with  such  improvement,  the  approximate  amount  of  such 
development,  and  the  use  or  uses  to  which  it  is  proposed 
to  put  said  power. 

(7)  The  location  of  the  nearest  existing  dam  or  dams 
in  the  waters  proposed  to  be  Improved,  and  whether  '  he 
same  will  be  affected  by  the  construction  and  maintenai.ee 
of  any  dam  or  dams  proposed  to  be  constructed  and  main- 
tained. 

(8)  A  general  map  and  profile  on  the  scale  of  not  li'ss 
than  one  inch  per  thousand  feet,  showing  the  lands  and  i  he 
names  of  the  owner  or  owners  and  the  value  thereof,  tl  at 
may  be  affected  by  the  construction  and  maintenance  of 
any  dam  In  connection  with  the  proposed  Improvement,  or 
by  any  fiowage  that  may  be  caused  thereby,  and  approxi- 
mately the  outline  of  such  flowage. 

(9)  Such  additional  and  other  pertinent  and  relev£  nt 
information  as  shall  be  prescribed  by  the  railroad  comn:  is- 
sion. 

Ch.  052,  1911. 

Investigatior^:  notice — Hearing.  %  1596 — 9.  1.  Upon  -e- 
ceiving  such  verified  application,  the  railroad  commissi  )n 
shall  forthwith  make  such  examination  and  investigati  m 
of  the  proposed  improvement  and  the  location  thereof  is 
shall  be  necessary,  and  shall  then  set  a  time  and  place  j  or 
a  hearing  of  such  application,  which  time  shall  not  be  1<  ss 
than  six  weeks  nor  more  than  12  weeks  from  the  di  te 
of  filing  such  application,  and  the  place  shall  be  at  the  c  cy 
of  Madison,  or  at  some  place  in  any  county  where  such  i  n- 
provement  or  any  part  thereof  Is  proposed  to  be  made.  If 
the  railroad  commission  shall  find  the  latter  more  c(  n- 
venlent.  The  railroad  commission  shall  thereupon  give  to 
the  applicant  a  notice  of  the  time  and  place  of  said  h&ir- 
ing,  which  notice  shall  be  published  by  the  applicant  at 
least  once  each  week  for  six  successive  weeks  precedi  ig 
such  hearing  In  one  or  more  newspapers  in  each  county  in 
which  such  improvement  or  any  part  thereof  is  propos  id. 
to  be  made,  and  satisfactory  proof  of  such  publication  shall 
be  filed  by  the  applicant  with  said  railroad  commission. 

2.  If  no  newspaper  shall  be  published  in  any  county 
in  which  the  improvement  or  any  part  thereof  Is  proposed 
to  be  located,  the  publications  required  by  this  Act  may  )e 
made  in  such  manner  and  at  such  places  as  the  railro  id 
commission  shall  designate. 

Ch.  652,  1911. 

Conduct  0/  hearing.  §  1596 — 10.  At  such  hearing 
any  adjournment  thereof,  the  railroad  commission  shall 
carefully  consider  such  application  and  shall  hear  such  i  p- 
plicant  in  person  or  by  counsel  or  agents  in  support  thereof 
and  any  person,  firm,  corporation  or  municipality  In  person 
or  by  counsel  or  agents  in  opposition  thereto,  and  upm 
demand  of  the  applicant  or  any  person,  corporation  or 
municipality  appearing  In  opposition,  take  evidence  aid 
testimony  orally  or  by  deposition  in  support  of  the  api  li- 
cation  or  In  opposition  thereto  and,  further,  shall  take  suoh 
testimony  as  is  necessary  to  aid  said  railroad  commission 
in  finding  the  franchise  value  of  a  horse-power,  as  defined 
in  §  1590 — 36  of  this  Act,  and  such  testimony  as  is  neces- 
sary to  find  the  value,  apart  from  and  excluding  any  value 
due  to  any  present  or  prospective  franchise,  of  all  lands 
taken,  held,  or  acquired  or  to  be  taken,  held,  or  acquired 
under  the  franchise  and  necessary  in  making  or  maintain- 
ing or  to  make  and  maintain  the  proposed  improvement. 

Ch.  652,  1911. 


i^ff 


Public  Service  Laws 


1463 


Witnesses — Procedure.  §  1596^-11.  All  provisions  of  |§ 
1797m— 1  to  1797m— 108,  both  inclusive,  of  the  statutes,  re- 
lating to  the  subpoenaing  of  witnesses,  the  production  of 
books,  documents,  and  papers,  the  administering  of  oaths, 
punishment  for  disobedience  of  an  order  of  the  commission 
or  any  commissioner,  or  of  a  subpoena,  or  for  refusal  of  a 
witness  to  be  sworn  or  to  testify,  witness  fees,  the  payment 
thereof,  taking  depositions,  the  keeping  of  a  record  of  the 
proceedings,  the  taking  of  testimony,  transcribing  copies 
of  evidence  and  testimony,  or  relating  to  the  procedure 
before  said  railroad  commission  not  inconsistent  with  this 
Act,  shall  apply  to  all  proceedings  hereunder. 

Ch.  652,  1911. 

Order  granting  franchise — Franchise  value.  §  1596 — 12. 
1.  Upon  the  conclusion  of  the  hearing  of  said  application 
as  above  provided,  said  railroad  commission  shall  care- 
fully consider  all  the  evidence  submitted  thereat  and  the 
facts  ascertained  by  the  examination  and  investigation  pro- 
vided for  in  S  1596 — 9  of  this  Act,  and  if  it  shall  appear 
that  the  proposed  improvement  will  result  in  the  improve- 
ment of  navigation  of  the  waters  sought  to  be  improved, 
that  all  dams  and  other  improvements,  as  proposed  to  be 
constructed  and  maintained,  will  be  adequate  to  promote, 
conserve,  and  protect  all  public  rights  in  such  waters  and 
will  not  endanger  the  life,  health,  or  property  of  the  pub- 
lic, that  the  interests  of  the  public  will  be  better  served 
by  the  construction,  maintenance,  and  operation  of  such 
improvement  than  by  any  other,  and,  if  it  is  proposed  to 
develop  hydraulic  power  in  connection  with  such  improve- 
ment, that  the  same  will  result  in  the  efficient  develop- 
ment thereof,  the  railroad  commission  shall  so  find,  and  the 
applicant  is  authorized  to  make  such  improvement,  and  a 
franchise  therefor  is  hereby  granted  to  such  applicant. 
The  railroad  commission  shall  thereupon  make  and  issue 
an  order  based  upon  and  containing  such  findings  and  shall 
Issue  to  such  applicant  a  certificate  evidencing  the  author- 
ity hereby  conferred. 

2.  The  railroad  commission  shall  also,  upon  the  con- 
clusion of  such  hearing,  from  the  testimony  taken  thereat 
and  the  facts  ascertained  by  the  examination  and  investi- 
gation of  the  proposed  improvement,  and  in  the  manner 
provided  in  §  1596 — 36  of  this  Act.  find  the  franchise  value 
of  a  horse-power,  and  shall  also  find  the  value,  apart  from 
and  excluding  any  value  due  to  any  present  or  prospective 
franchise,  of  all  lands  taken,  held,  or  acquired,  or  to  be 
taken,  held,  or  acquired  under  the  franchise  and  necessary 
in  making  or  maintaining  or  to  make  and  maintain  the 
proposed  improvement,  and  shall  issue  to  such  applicant 
an  order  containing  such  findings. 

Ch.  652,  1911. 

Order  refusing  franchise.  §  1596 — 13.  If  upon  the 
conclusion  of  such  hearing  end  after  a  consideration  of 
the  facts  ascertained  by  the  examination  and  investigation 
provided  for  in  §  1596 — 9  of  this  Act,  it  shall  appear  that 
the  proposed  improvement  will  not  result  in  the  improve- 
ment of  navigation  of  the  waters  sought  to  be  improved, 
or  that  all  dams  and  other  improvements  as  proposed  to 
be  constructed  and  maintained,  will  not  be  adequate  to 
conserve,  promote  and  protect  all  public  rights  in  such 
waters  or  will  endanger  the  life,  health,  or  property  of  the 
public,  that  the  interests  of  the  public  will  not  be  better 
served  by  the  construction,  maintenance  and  operation  of 
such  improvement  than  by  any  other,  and,  if  it  is  proposed 
to  develop  hydraulic  power  in  connection  with  such  im- 
provement, that  the  same  will  not  result  in  the  efficient 
development  thereof,  the  railroad  commission  shall  so  find, 
and  the  applicant  is  hereby  denied  authority  to  make  such 
improvement,  and  the  railroad  commission  shall  refuse  to 
grant  a  certificate  of  authority  and  shall  issue  an  order  to 
that  effect  and  shall  make  such  refusal  a  matter  of  record 
in  the  proceedings,  stating  their  reasons  for  such  refusal, 
and  shall  give  the  applicant  a  copy  thereof.  If  said  cer- 
tificate is  refused  no  further  proceedings  shall  be  had  be- 
fore said  railroad  commission  in  the  matter,  but  the  ap- 
plication may  be  renewed  after  two  years  from  the  date 
of  such  refusal. 

Ch.  652,  1911. 

Orders  prima  facie  lawful.  §  1596 — 14.  Any  order  or 
orders  made  upon  any  finding  by  the  railroad  commission 
pursuant  to  §  1596—12  or  S  1596—13  of  this  Act  shall  be  in 
force  and  shall  be  prima  facie  lawful  and  reasonable  until 
finally  found  otherwise  in  an  action  brought  for  such  pur- 
pose pursuant  to  the  provisions  of  §  1596 — 15  of  this  Act 
and  in  all  actions  under  said  section  the  burden  of  proof 


shall  be  upon  the  plaintiff  to  show  by  clear  and  satisfactory 
evidence  that  the  order  or  orders  of  the  railroad  commis- 
sion complained  of  are  unlawful,  or  unreasonable,  as  the 
case  may  be. 

Ch.  652,  1911. 

Appeal.  §  1596 — 15.  1.  Any  person,  firm,  corporation, 
or  municipality  in  interest,  being  dissatisfied  with  any 
order  of  the  railroad  commission  made  upon  any  finding 
of  the  commission  pursuant  to  §  1596 — 12  or  §  1596 — 13  of 
this  Act,  may  commence  an  action  in  the  Circuit  Court  for 
Dane  county  against  the  commission  as  defendant  to  va- 
cate and  set  aside  any  such  order  on  the  ground  that  the 
same  is  unlawful  or  unreasonable,  in  which  action  the 
complaint  shall  be  served  with  the  summons. 

Ansioer.  2.  The  answer  of  the  railroad  commission  to 
the  complaint  shall  be  served  and  filed  within  10  days  after 
service  of  the  complaint,  whereupon  said  action  shall  be  at 
issue  and  stand  ready  for  trial  upon  10  days'  notice  to 
either  party. 

Procedure.  3.  All  such  actions  shall  have  precedence 
over  any  civil  cause  of  a  different  nature  pending  in  such 
court,  and  the  Circuit  Court  shall  always  be  deemed  open 
for  the  trial  thereof,  and  the  same  shall  be  tried  and  de- 
termined as  are  other  civil  actions. 

Injunction.  4.  No  injunction  shall  issue  suspending  or 
staying  any  order  of  the  commission,  except  upon  applica- 
tion to  the  Circuit  Court  or  presiding  judge  thereof,  notice 
to  the  commission,  and  hearing. 

Ch.  652.  1911. 

New  evidence  upon  trial — Transmission  to  commission — 
fitay  of  proceedings.  §  1596 — 16.  1.  If,  upon  the  trial  of 
such  action,  evidence  shall  be  Introduced  by  the  plaintiff 
which  is  found  by  the  court  to  be  different  from  that  of- 
fered upon  the  hearing  before  the  railroad  commission,  or 
additional  thereto,  the  court  before  proceeding  to  render 
judgment,  unless  the  parties  to  such  action  stipulate  in 
writing  to  the  contrary,  shall  transmit  a  copy  of  such  evi- 
dence to  the  railroad  commission  and  shall  stay  further 
proceedings  in  said  action  for  15  days  from  the  date  of 
such  transmission. 

Reconsideration  hy  commission.  2.  Upon  receipt  of 
such  evidence  the  railroad  commission  shall  consider  the 
same  and  may  alter,  modify,  amend,  or  rescind  the  order 
or  orders  complained  of  in  said  action,  and  shall  report  its 
action  thereon  to  said  court  within  10  days  from  the  receipt 
of  such  evidence. 

Ch.  652,  1911. 

Supplemental  findings — Procedure  by  court.  §  1596 — 17. 
1.  If  the  railroad  commission  shall  rescind  the  order  or 
orders  complained  of.  the  action  shall  be  dismissed;  if  It 
shall  alter,  modify,  or  amend  the  same,  such  altered,  modi- 
fled,  or  amended  order  or  orders  shall  take  the  place  of  the 
original  order  or  orders  conyilained  of,  and  judgment  shall 
be  rendered  thereupon  as  though  made  by  the  railroad 
commission  in  the  first  instance. 

2.  If  the  original  order  or  orders  shall  not  be  rescinded 
or  changed  by  the  railroad  commission,  judgment  shall  be 
rendered  upon  such  original  order  or  orders. 

Ch.  652,  1911. 

Appeal  to  Supreme  Court.  §  1596 — 18.  Either  party  to 
said  action,  within  CO  days  after  service  of  a  copy  of  the 
order  or  judgment  of  the  Circuit  Court,  may  appeal  to  the 
Supreme  Court.  Where  an  appeal  is  taken  the  cause  shall, 
on  the  return  of  the  papers  to  the  Supreme  Court,  be  im- 
mediately placed  on  the  State  calendar  of  the  then  pending 
term  and  shall  be  assigned  and  brought  to  a  hearing  in  the 
same  manner  as  other  causes  on  the  State  calendar. 

Ch.  652,  1911. 

Practice  and  rules  of  evidence.  §  1596 — 19.  In  all  ac- 
tions brought  pursuant  to  S  1596 — 15  of  this  Act,  all  proc- 
esses shall  be  served  and  the  practice  and  rules  of  evi- 
dence shall  be  the  same  as  in  civil  actions  except  as  other- 
wise herein  provided.  Every  sheriff  or  other  officer  em- 
powered to  execute  civil  processes  shall  execute  any  such 
process  and  shall  receive  such  compensation  therefor  as 
may  be  prescribed  by  law  for  similar  services. 

Ch.  652,  1911. 

Maps,  profiles  and  specifications  filed.  §  1596 — 20.  Upon 
receiving  an  order  from  the  railroad  commission,  as  pro- 
vided in  §  1596 — 12  of  this  Act,  the  appropriator  shall,  be- 
fore commencing  any  work  of  construction  thereby  au- 
thorized, submit  to  the  railroad  commission  a  complete 
map  and  profile  on  the  scale  of  not  less  than  one  inch  per 
thousand  feet  showing  the  lands  that  may  be  affected  by 


1464 


National  Association  of  Railway  CoMMissiONERa 


the  erection  and  maintenance  of  any  dam  in  connection 
witli  tlie  proposed  improvement,  or  by  any  flowage  that 
may  be  caused  thereby,  and  the  outline  of  such  flowage, 
and  such  other  hydrographic  and  topographic  data  as  the 
commission  may  prescribe,  and  shall  also  file  complete  de- 
tailed plans  and  specifications  for  any  dam  or  other  Im- 
provements proposed  to  be  constructed. 

Ch.  652,  1911. 

Map  and  profile,  plans  and  specifications  approved. 
§  1596 — 21.  Upon  receiving  the  map  and  profile  and  plans 
and  specifications  required  by  §  159G — 20,  the  said  railroad 
commission  shall  examine  the  same  and  shall  hear  the  ap- 
propriator  in  support  thereof,  shall  suggest  and  require 
modifications  of  the  same  or  any  part  thereof,  if  in  their 
judgment  the  public  safety  or  welfare  so  demand,  and  shall 
investigate  and  determine  that  the  proposed  improvements 
and  construction  thereof  will  be  adequate  for  securing  and 
protecting  the  public  safety  in  the  maintenance  and  opera- 
tion of  said  proposed  improvement,  and  thereupon  the  said 
commission  shall  issue  to  said  appropriator  a  written  order 
approving  said  map  and  profile  and  plans  and  specifications 
as  amended,  if  the  same  shall  be  amended,  and  the  appro- 
priator is  hereby  authorized  to  make  such  improvement 
and  construct  such  improvements  in  accordance  therewith. 

Ch.  652,  1911. 

Order  authorizing  operation.  §  1596 — 22.  ■Upon  the 
completion  of  the  construction  of  any  improvements  under 
the  plans  and  specifications  as  approved  by  the  railroad 
commission,  the  said  appropriator  shall,  before  operating 
the  same,  excepting  for  construction  purposes,  report  the 
same  to  said  railroad  commission  and  said  commission 
shall  thereupon  inspect  and  examine  said  improvements, 
or  cause  the  same  to  be  inspected  and  examined,  and  if  It 
shall  be  found  that  the  same  have  been  constructed  in  ac- 
cordance with  said  plans  and  specifications,  as  approved, 
said  commission  shall  issue  to  said  appropriator  a  written 
order  authorizing  it  to  operate  the  same,  which  order  shall 
be  presumptive  evidence  of  the  sufiiciency  of  such  con- 
struction. Said  order  shall  specify  in  general  terms  the 
methods  and  conditions  of  such  operation  and  it  shall  not 
be  lawful  for  any  such  improvement  or  improvements  to 
be  operated  till  such  order  has  been  granted  and  obtained. 

Ch.  652,  1911. 

Existing  franchises  repealed.  §  1596—23.  Every 
license,  permit,  or  franchise  authorizing  the  erection  and 
maintenance  of  any  dam  in  or  across  any  navigable 
stream,  heretofore  granted  and  which  by  the  terms 
thereof  or  otherwise  is  subject  to  repeal,  is  hereby  re- 
pealed, such  repeal  to  take  effect  and  be  in  force  six 
months  after  the  passage  and  publication  of  this  Act. 

Ch.   652.   1911. 

Holders  of  existing  franchises — Apply  for  new  franchises 
— Application.  §  1596 — 24.  1.  Any  person,  firm,  corporation, 
or  municipality  owning  any  franchise,  license  or  permit 
from  the  state  heretofore  granted  authorizing  the  main- 
taining of  any  dam  or  other  improvements  pursuant  to 
such  franchise,  license,  or  permit  repealed  as  provided 
in  §  1596 — 23,  desiring  to  obtain  authority  to  continue 
the  maintenance  and  operation  of  such  dam  and  other  im- 
provements, shall,  at  any  time  within  one  year  after  the 
passage  and  publication  hereof,  file  a  written  application 
with  the  railroad  commission  for  a  franchise  granting 
such  authority.  Such  application  shall  state  the  value 
of  all  lands  used  and  useful  and  necessary  for  use  in. 
the  maintenance  of  such  dam  and  other  Improvements, 
and  a  general  description  of  such  dam  and  other  improve- 
ments, and  the  amount  of  hydraulic  power  created 
thereby;  provided  that  nothing  in  this  Act  shall  he  con- 
strued as  authorizing  a  lessee  or  anyone  claiming  under 
the  grantee  of  a  franchise,  license,  or  permit,  other  than 
an  assignee,  trustee,  or  receiver  thereof,  to  become  an 
applicant  under  this  section. 

Certificate  of  commission.  2.  Upon  the  filing  of  such 
written  application  authority  is  hereby  conferred  upon 
such  applicant  to  continue  the  maintenance  of  such 
dam  and  improvements  for  the  purpose  or  purposes 
specified  in  the  franchise,  license,  or  permit  granting 
authority  to  construct  and  maintain  the  same,  and  a 
franchise  therefor,  subject  to  all  the  terms,  conditions,  and 
provisions  of  this  Act,  is  hereby  granted  to  such  appli- 
cant. The  railroad  commission  shall  issue  to  such  appli- 
cant a  certificate  evidencing  the  authority  hereby  con- 
ferred; provided  that  the  railroad  commission  may.  In 
the    interest   of    the    public    rights    in    navigable    waters 


and  of  the  public  safety  and  welfare,  order  and  require 
that  any  such  dam  or  other  Improvements  shall  be 
strengthened  and  put  In  good  repair,  and  compliance 
with  such  order  and  requirement  shall  be  a  condition 
precedent  to  the  right  to  maintain  and  operate  such  dam 
and  improvements  under  the  franchise  hereby  granted, 
and  provided,  further,  that  authority  to  continue  the 
maintenance  of  any  dam  or  other  improvements  erected 
and  maintained  under  any  franchise,  license  or  permit 
forfeited  and  terminated,  or  forfeitable  under  §  1775c  of 
the  statutes,  or  for  non-user  or  misuser,  or  for  any 
other  reason,  or  under  any  other  law  of  this  state,  shall 
not  be  granted  under  the  provisions  of  this  section. 

New  franchise  for  additional  privileges.  3.  If  any  per- 
son, firm,  corporation,  or  municipality  owning  any  fran- 
chise, license,  or  permit  from  the  state  heretofore  granted 
authorizing  the  maintaining  of  any  dam  or  other  Im- 
provements pursuant  to  such  franchise,  license,  or  per- 
mit repealed  by  §  1596 — 23,  and  not  coming  within  the 
provisions  of  subsection  2  of  this  section,  desires  to 
obtain  authority  to  maintain  such  dam  or  other  Imprtve- 
ments  under  a  franchise  granting  authority  to  maintain 
the  same  for  a  purpose  other  than  or  additional  to  tiiat 
si)eclfied  In  the  franchise,  license,  or  permit  so  repea;ed, 
and  if  such  other  or  additional  purpose  Is  a  purpose  tor 
which  a  franchise  may  be  granted  under  this  f  ct, 
such  person,  firm,  corporation,  or  municipality  shall  mrke 
application  therefor  as  provided  in  §  1596 — 8,  and  a 
franchise  containing  all  the  terms,  conditions,  and  iro- 
visions  of  this  Act  may  be  granted  as  is  provided  in 
§1596—9  to  §1596—22,  both  inclusive,  hereof,  and  'he 
railroad  commission  shall  Issue  to  any  applicant  obtaining 
a  franchise  hereunder  a  certificate  evidencing  the  4^ 
thorlty  thereby  conferred.  ]■ 

Ch.  652,  1911.  *  ■ 

In  case  of  no  application  hy  holder  of  existing  franchi  ?e, 
new  franchise  may  tie  granted  to  another  person.  §  159(  — 
25.  If  any  person,  firm,  corporation,  or  municipali  y, 
owning  any  franchise,  license,  or  permit  from  the  Sti  te 
heretofore  granted  authorizing  the  maintaining  of  a  ly 
dam  or  other  improvements  In  or  across  any  navlgal  le 
waters  of  this  State  under  such  franchise,  license,  or 
permit  repealed  as  provided  in  §  1596 — 23,  fails  to  api  ly 
for  a  franchise  as  provided  in  §  1596 — 24-  and  witl  in 
the  time  herein  specified,  a  franchise  embodying  .11 
the  terms,  conditions,  and  provisions  of  this  Act,  a  id 
authorizing  the  maintenance  of  such  dam  and  othar 
Improvements,  may  be  applied  for  and  granted  as  p:  o- 
vlded  in  §  1596—8  to  §  1596 — 22,  both  inclusive,  of  tl  is 
Act,  to  any  person,  firm,  corporation,  or  municij 
applying  therefor. 

Ch.   652,   1911. 

Powers  and  privileges  not  to  te  exercised  after  repeal 
of  franchise.  §  1596 — 26.  1.  On  and  after  the  day  on 
which  the  repeal  of  any  such  franchise,  license,  or  p(  r- 
mlt  takes  effect,  no  person,  firm,  corporation,  or  muni  1- 
pality  shall  exercise  or  attempt  to  exercise  any  powei  s, 
rights,  or  privileges  under  such  franchise,  license,  )r 
permit. 

Penalty.  2.  Any  person,  firm,  or  corporation  violating 
any  provision  of  this  section  shall  forfeit  for  ea<  h 
such  offense,  and  for  each  day  of  such  violation,  the 
sum  of  $50,  the  same  to  be  collected  in  an  appropria  e 
action  by  the  State,  and  any  exercise  or  attempt!  d 
exercise  of  any  powers,  rights,  or  privileges  under  ai  y 
such  repealed  franchise  may  be  enjoined  at  the  suit 
of  the  State  or  any  citizen  thereof. 
.    Ch.  652,  1911. 

Application  for  franchise  for  unexpired  term.  §  15 
27.  1.  If  any  franchise  granted  under  this  Act  shall  be 
forfeited  or  otherwise  terminated  before  the  expiraticn 
thereof,  the  right  to  continue  the  improvement  therely 
authorized  for  the  unexpired  term  shall  be  subject  to  be 
applied  for.  The  manner  of  applying  for  and  obtainirg 
a  franchise  to  continue  such  improvement  shall  be 
governed  by  §  1596—24  of  this  Act. 

Application  for  new  franchise  at  expiration.  2.  At  the 
expiration  of  any  franchise  granted  under  the  provisions 
of  this  Act  the  right  to  continue  the  improvement  thereby 
authorized  shall  be  subject  to  be  applied  for.  The  man- 
ner of  applying  for  and  of  obtaining  a  franchise  to 
continue    such    improvement    shall    be    governed    by    S 


11 


1^1 


Public  Service  Laws 


1465 


1596— S  and  by  §  1596—9  to  §  1596—22,  both  inclusive, 
of  this   Act. 

Ch.    652,    1911. 

Appropriator  may  condemn  improvements.  §  1596 — 28. 
1.  At  the  termination  ot  any  franchise,  granted  under 
the  provisions  of  this  Act,  or  of  any  franchise,  license, 
or  permit  granted  prior  to  the  passage  and  publication 
of  this  Act  authorizing  the  erection  and  maintenance 
of  any  dam  and  other  improvements  in  or  across  any 
navigable  waters,  by  expiration,  forfeiture,  repeal,  or 
otherwise,  the  improvements  erected,  maintained,  held 
and  enjoyed,  and  used  and  useful  in  connection  with 
the  improvement  authorized  by  such  franchise,  license, 
or  permit  may  be  taken  by  any  appropriator  authorized 
to  maintain  such  dam  and  other  improvements  under  the 
provisions  of  this  Act,  and  said  appropriator  is  authorized 
and  empowered  to  acquire,  by  and  through  condemna- 
tion proceedings  under  the  power  of  eminent  domain, 
in  the  manner  provided  in  §  1596 — 46  ot  this  Act  and  to 
hold   title  to  all  such  improvements. 

2.  Provided  that  in  condemnation  proceedings  under 
this  section  the  retiring  appropriator  in  accepting  the 
franchise  theretofore  granted  to  such  appropriator  shall 
be  deemed  to  have  agreed  that  any  succeeding  appro- 
priator may  acquire  all  lands  and  improvements  ac- 
quired, erected,  and  maintained,  or  used  or  useful  under 
the  franchise  of  said  retiring  appropriator,  by  paying 
just  compensation  therefor,  and  that  in  determining  such 
just  compensation  no  allowance  shall  be  made  to  such 
retiring  appropriator  for  any  increase  in  the  value  ot 
any  lands  acquired  or  used  and  useful  under  such 
franchise,  over  and  above  the  value  of  such  lands  at 
the  time  of  the  granting  of  such  franchise,  if  the  same 
were  previously  acquired,  or  at  the  time  of  acquisition. 
If  the  same  were  acquired  subsequent  to  the  granting 
of  such  franchise,  and  that  no  allowance  shall  be  made 
for  such  franchise  or  any  rights  or  privileges  included 
therein. 

Ch.  652,  1911. 

Applicant's  written  acceptance  to  be  filed.  §  1596 — 29. 
No  franchise  granted  pursuant  to  the  provisions  of  this 
Act  shall  become  effective  and  be  in  force  unless  within 
90  days  after  notice  from  the  railroad  commission, 
that  the  same  has  been  granted,  the  applicant  shall  file 
with  the  railroad  commission  a  written  acceptance 
thereof. 

Ch.   652,   1911. 

Franchise  for  20  years — Extensions.  §  1596 — 30.  Every 
franchise  granted  under  the  provisions  of  this  Act  shall  be 
granted  for  a  term  of  20  years,  but  the  appropriator,  or  his 
or  its  successors  or  assigns,  shall  have  a  right  of  continu- 
ance of  such  franchise  for  two  further  and  successive  terms 
of  10  years  each  upon  filing  an  application  therefor  with  the 
railroad  commission,  subject  to  the  right  of  the  State  to 
readjust  the  franchise  value  of  a  horsepower,  hereinafter 
provided  for,  at  the  commencement  of  the  first  and  second 
continuances. 

Ch.    652,    1911. 

Application  for  extension  of  franchise.  %  1596 — 31. 
Upon  filing  an  application  therefor  at  the  conclusion  of 
the  20-year  period,  the  franchise  granted  to  s\ich 
appropriator  shall  be  continued,  subject  to  all  the  terms, 
conditions  and  provisions  of  this  Act,  for  a  period  of 
10  years,  and  the  like  filing  ot  an  application  at  the 
end  of  the  first  continuance  shall  continue  the  franchise, 
in  a  like  manner,  tor  an  additional  period  of  10  years. 

Ch.  652,  1911. 

Assignment  of  franchise.  §  1596 — 32.  Whenever  there 
shall  be  any  transfer  or  assignment  of  any  franchise 
granted  under  this  Act,  the  same  shall  be  in  writing 
and  a  certified  copy  thereof  shall,  within  10  days  after 
the  execution  thereof,  be  filed  with  the  secretary  of  State 
and  with  the  railroad  commission  ot  Wisconsin,  provided 
that  no  franchise  granted  hereunder  shall  be  transferred 
or  assigned  to  a  foreign  corporation ;  and  provided  further 
that  no  municipality  shall  transfer  or  assign  any  fran- 
chise granted  hereunder  nor  make  any  contract  or  lease 
of  any  rights  thereunder  for  a  period  longer  than  10 
years. 

Ch.   652,  1911. 

All  franchises  accepted  under  terms  of  Act.  §  1596 — 33. 
Every  franchise  granted  under  the  provisions  of  this 
Act  is  accepted,  taken,  and  held  subject  to  all  the  terms, 


conditions,   and   provisions   of  such  franchise  and  of  this 
Act  and  is  so  accepted,  taken,  and  held  in  consideration 
of    the    powers,    privileges,    and    prerogratives    conferred 
by  said   franchise. 
Ch.  652,  1911. 

Alterations  and  additions  to  dams,  etc.,  to  he  author- 
ized by  commission.  §  1596 — 34.  No  substantial  alterations 
or  additions  shall  be  made  to  any  dam  or  other  improve- 
ments constructed  or  maintained  under  any  franchise 
granted  under  the  provisions  of  this  Act  without  first 
obtaining  an  order  authorizing  such  alterations  or  ad- 
ditions from  the  railroad  commission.  Such  order  shall 
be  issued  by  the  railroad  commission  after  an  investiga- 
tion and  a  finding  by  said  commission  that  the  proposed 
alterations  or  additions  will  not  impair  the  efficiency  or 
sufficiencv  of  such  dam  or  other  improvements. 

Ch.  652,   1911. 

Franchise  issued  for  additional  or  other  purposes. 
§  1596 — 35.  1.  No  appropriator  shall  use  or  utilize  any 
dam  or  other  improvements  constructed  or  maintained 
under  any  franchise  granted  under  the  provisions  of  this 
Act  for  any  purpose  or  purposes  other  than  or  additional 
to  those  specified  in  such  franchise. 

2.  Any  appropriator  desiring  to  use  or  utilize  any 
such  dam  or  other  improvements  for  any  purpose  other 
than  or  additional  to  those  specified  in  the  franchise 
granting  authority  to  construct  or  maintain  the  same 
shall  make  application  therefor  to  the  railroad  commis- 
sion as  provided  in  §  1596 — 8  ot  this  Act,  and  a  fran- 
chise granting  such  authority  and  containing  all  the 
terms,  conditions,  and  provisions  ot  this  Act  may  be 
granted  to  said  appropriator  as  is  provided  in  §  1596 — 9 
to   §  1596 — 22,  both  inclusive,  hereof. 

Ch.  652,  1911. 

Franchise  fee — Manner  fixed.  %  1596—36.  1.  Every 
appropriator  during  the  life  of  his  appropriation,  as 
fixed  by  the  franchise  creating  the  authority  to  so 
appropriate,  shall  pay  to  .the  State  of  Wisconsin  as 
a  franchise  fee,  on  or  before  the  first  day  of  February 
of  each  year,  5  per  cent  per  annum  of  the  franchise 
value  of  each  and  every  horse  power  produced  by  the 
use  of  water  power  and  utilized  and  put  to  beneficial 
use  by  the  said  appropriator  during  the  year  ending 
December  31,  next  preceding;  provided  that  such  fran- 
chise fee  for  each  and  every  such  horse  power  shall 
not  be  less  than  10  cents  nor  more  than  $2  per  horse 
power. 

2.  The  franchise  value  of  each  horse  power  shall  be 
fixed  as  nearly  as  may  be,  as  the  difference  in  cost  of 
producing  for  use  at  the  place  ot  development  or  gen- 
eration, a  horse  power  by  the  use  ot  the  water  power 
under  consideration,  and  the  cost  of  producing  for  use 
at  such  place  in  like  quantities  and  on  an  equivalent 
basis  a  horse  power  by  the  use  of  any  kind  of  fuel, 
provided  that  for  all  power  transmitted  from  the  place 
of  development  and  generation  the  franchise  value  ot  a 
horse  power  shall  be  fixed  as  near  as  may  be,  as  the 
difference  in  cost  of  producing  and  delivering  to  the 
place  ot  utilization  a  horse  power  by  the  use  of  the 
water  power  under  consideration,  and  the  cost  of  pro- 
ducing and  delivering  at  the  same  place  in  like  quantities 
and  on  an  equivalent  basis  a  horse  power  by  the  use 
ot  any  kind  of  fuel. 

3.  The  franchise  value  of  a  horse  power  shall  be 
fixed  by  the  railroad  commission  and  in  fixing  the  same 
as  provided  in  subsection  2  hereof,  the  railroad  com- 
mission shall  take  into  consideration,  on  the  one  hand: 
the  cost  of  machinery  and  the  expense  of  installation 
and  maintenance  and  the  depreciation  thereof,  the  cost 
of  labor,  the  uniformity  of  the  flow  of  the  stream,  the 
amount  of  hydraulic  horse  power  developed  and  capa- 
ble of  development  and  put  to  beneficial  use  or  capable 
of  being  put  to  such  use,  the  load  factor,  the  use  or 
uses  to  which  the  power  developed  is  to  be  or  may  be 
put,  and  all  other  relevant  and  material  facts  affecting 
the  cost  and  value  ot  the  production  and  delivery  of 
the  hydraulic  horse  power,  and  shall  give  to  each  Us 
proper  weight;  and.  on  the  other  hand,  the  cost  ot  ma- 
chinery and  the  expense  ot  installation  and  maintenance 
and  the  depreciation  thereof,  the  cost  of  labor  and  fuel 
used  in  the  production  ot  a  horse  power  by  the  use  ot 
any  kind  ot  fuel,  and  all  other  relevant  and  matetial 
facts    affecting    the    cost    and    value    of    the    production 


1466 


National  Association  of  Eailway  Commissioners 


and  delivery  of  the  horse  power  by  the  use  of  any  kind 
of  fuel,  and  shall  give  to  each  its  proper  weight. 

4.  The  railroad  commission  shall  take  as  its  basis 
for  value,  a  horse  power  operating  10  hours  per  day, 
and,  for  the  purposes  of  this  Act,  a  horse  power  is 
hereby  defined  and  declared  to  be  550  feet  pounds  of 
energy  per  second  net  horse  power  delivered  at  the 
place  or  places  of  utilization. 

5.  Such  approprlator  shall  pay  the  annual  franchise 
fee  to  the  State  treasurer  to  be  placed  in  the  general 
fund.  The  railroad  commission  shall  annually,  on  or 
before  the  fifteenth  day  of  January,  notify  each  approprl- 
ator the  amount  of  the  franchise  fee  due  to  the  State  from 
said  approprlator  and  shall  certify  a  copy  of  such  noti- 
fication to  the  State  treasurer. 

Ch.   652,  1911. 

Failure  to  pay  license  fee  forfeiture  of  franchise. 
§  1596 — 37.  The  failure  of  any  approprlator  to  pay  the 
annual  franchise  fee  provided  for  within  90  days  after 
the  same  is  due  and  payable  shall  cause  a  forfeiture 
of  the  franchise  of  such  approprlator.  Upon  proper  suit 
brought  by  the  State  such  franchise  shall  be  forfeited 
and  terminated,  and  all  rights  thereunder  shall  thereupon 
be   subject  to   reappropriation  as  provided   in  this  Act. 

Ch.  652,   1911. 

Franchise  fee  preferred  lien.  §  1596 — 38.  The  State 
shall  have  a  preference  lien,  second  only  to  the  lien  for 
taxes,  upon  all  property  of  the  approprlator  used  in  con- 
nection with  any  appropriation  for  the  annual  franchise 
fee  herein  provided  for,  and  upon  notice  from  the  rail- 
road commission  to  the  governor,  the  State  shall  fore- 
close such  lien  by  appropriate  action  brought  for  said 
purpose. 

Ch.    652,    1911. 

Daily  records  of  horse  poiver^Reports.  §  1596—39.  It 
shall  be  the  duty  of  every  approprlator  to  keep  a  correct 
daily  record  of  the  number  of  horse  power  daily  put 
to  beneficial  use  by  said  approprlator.  It  shall  be  the 
further  duty  of  every  approprlator  to  report  once  in 
each  three  months,  viz.,  on  the  first  day  of  April,  July, 
October,  and  January,  to  the  railroad  commission,  upon 
blanks  to  be  furnished  by  said  commission,  the  exact 
and  correct  number  of  horse  power  daily  put  to  beneficial 
use  by  the  said  approprlator, '  stating  the  number  of 
hours  per  day  such  horse  power  was  put  to  beneficial 
use. 

Ch.  652,  1911. 

Measuring  instruments  and  devices.  §  1596 — 40.  The 
railroad  commission  may  prescribe  the  character  of 
measuring  instruments  and  devices  to  be  used  by  any 
approprator  for  the  purpose  of  -ascertaning  facts  re- 
quired by  this  Act  to  be  ascertained,  and  a  reasonable 
standard  of  the  accuracy  thereof,  and  the  methods 
by  which  said  accuracy  is  to  be  determined.  Said 
approprlator  shall  provide  and  use  such  instruments 
and    devices    and   have   the    same   tested    accordingly. 

Ch.  652,  1911. 

State  may  acquire  at  end  of  periods.  §  1596 — 41.  Every 
franchise  granted  under  the  provisions  of  this  Act  la 
granted  subject  to  the  express  condition  that  the  State, 
when  it  shall  have  the  constitutional  power,  may  at 
the  termination  of  either  the  20  or  10  year  i)eriod  for 
which  the  franchise  is  granted,  acquire,  by  purchase, 
lease,  condemnation,  or  other  manner  provided  by  law, 
and  all  improvements  constructed  and  maintained  by 
any  approprlator  under  the  provisons  of  this  Act,  and 
the  basis  of  value  for  any  and  all  such  improvements 
shall  be  the  same  as  in  the  case  of  acquisition  of  any 
such  improvements  by  a  municipality  as  provided  and 
defined  in   §   1596—42   of  this  Act. 

Ch.    652,    1911. 

Municipality  may  acquire  improvements — Procedure — 
Compensation.  §  1596 — 42.  1.  Any  municipality  may,  at 
the  termination  of  either  the  20  or  10  year  period  for  which 
any  franchise  is  granted,  and  in  the  manner  provided  in 
this  section,  acquire  any  improvements  constructed  and 
maintained  by  any  approprlator  under  such  franchise. 

2.  The  compensation  for  any  such  improvements  to 
be  acquired  by  any  municipality  shall  be  determined  by  the 
railroad  commission  subject  to  the  provisions  of  subsec- 
tion 3  of  this  section,  and  in  acquiring  such  property  and 
in  determining  such  compensation  the  procedure  for  ac- 
quiring the  property  of  a  public  utility  by  a  municipality. 


11 


provided  for  in  §  1797m— 80  to  §  1797m— 86,  both  inclusive, 
of  the  statutes,  shall,  in  so  far  as  applicable,  govern  and  be 
followed. 

3.  Any  approprlator  by  the  acceptance  of  a  franchise 
granted  under  the  provisions  of  this  Act  shall  be  deemed, 
by  the  acceptance  thereof,  to  have  agreed  that  any  munici- 
pality or  the  State  may  acquire  all  dams  and  improvements 
acquired,  erected,  and  maintained,  or  used  or  useful  under 
the  franchise  of  said  approprlator  by  paying  just  compen- 
sation therefor,  and  that  in  determining  such  just  compen- 
sation no  allowance  shall  be  made  to  such  approprlator  for 
any  increase  in  the  value  of  any  lands  acquired  or  used  or 
useful  under  such  franchise,  over  and  above  the  value  of 
such  lands  at  the  time  of  the  granting  of  such  franchise, 
if  the  same  were  previously  acquired,  or  at  the  time  of 
acquisition,  if  the  same  were  acquired  subsequent  to  the 
granting  of  such  franchise,  and  that  no  allowance  shall  be 
made  for  such  franchise  or  any  rights  or  privileges  in- 
cluded therein. 

Ch.  652,  1911. 

Improvement  to  he  completed  within  three  years.  §  1596 
— 43.  Any  franchise  granted  pursuant  to  the  provisions 
of  this  Act  shall  be  null  and  void  unless  the  improvement 
thereby  authorized  be  completed  within  three  years  from 
the  time  when  such  franchise  becomes  effective  and  in 
force.  The  railroad  commission  may,  however,  upon  good 
cause  being  shown,  extend  such  time  for  an  additional  tvo 
years.  Provided  that  no  extension  of  time  shall  be  granted 
unless  it  be  shown  that  at  least  one-third  of  the  work  )f 
construction  authorized  by  the  franchise  has  been  coi  i- 
pleted  at  the  time  of  making  application  for  such  exj] 
sion. 

Ch.  652,  1911. 

Times  dam,  etc.,  must  lie  operated.  §  1596 — 44.  Afti  r 
such  dam  and  other  improvements  are  completed  the  san  e 
shall  be  maintained  and  operated  for  at  least  one-half  tie 
time  during  each  six-year  period  throughout  the  duratica 
of  the  franchise  authorizing  the  same,  and  the  failure  I  d 
maintain  and  operate  the  same  continuously  for  a  perio  1 
of  three  years  shall  constitute  an  abandonment  and  su  - 
render  of  the  franchise,  unless  some  maintenance  and  O)  - 
eration  is  prevented  by  the  act  of  God  or  the  public  enem'  . 

Ch.  G52,  1911. 

Applies  to  waters  between  States.  §  1596 — 45.  Th ; 
provisions  of  this  Act  shall  apply  to  all  franchises  grante  1 
authorizing  the  improvement  of  the  navigation  of  an  • 
navigable  waters  lying  between  this  and  an  adjoinin  ; 
State,  provided  that  the  franchise  fee  provided  for  i  i 
§  1596 — 36  of  this  Act  shall  be  computed  upon  50  per  cen : 
of  the  horse  power  developed  and  utilized  under  the  frar 
chise  granted  from  this  and  the  adjoining  State.  ^  . 

Ch.  652,  1911.  SI 

Condemnation  by  appropriator.     §  1596 — 46.     1.     E1W.0 
approprlator  shall,   for   the   purpose  of   taking  or   flowin;; 
any  lands  or  property  for  any  improvement  authorized  b; 
any  franchise  granted  under  this  Act,  be  subject  to  all  th'^ 
provisions,  remedies,  and  liabilities,  and  shall  be  entitled 
to  all  the  benefits,  privileges,  remedies,  and  provisions  o ' 
chapter  14G  of  the  statutes,  which  are  applicable  and  no 
inconsistent  with  this  Act,  but  nothing  contained  in  thi; 
section  shall  be  taken  to  preclude  said  appropriator  fron 
acquiring  title  to  or  the  right  to  use  any  and  all  such  landi 
or  property  by  purchase,  lease,  license,  or  by  any  usua 
method  or  means  of  acquisition  of  title  by  act  of  parties 

2.  Also  for  the  purpose  of  acquiring  the  necessary  land; 
or  easements  or  privileges  in  lands,  so  that  the  complett 
improvement  under  this  Act  and  any  franchise  grantee 
hereunder  may  be  carried  out,  such  appropriator  shall  en 
Joy  the  rights  granted  to  and  conferred  upon  corporations 
by  §§  1777a  to  1777e,  both  inclusive,  of  the  statutes. 

Ch.  652,  1911. 

Supervision  of  commission.  §  1596 — 47.  1.  The  im- 
provement of  the  navigation  of  all  navigable  waters  of  this 
State,  and  the  construction  and  maintenance  of  all  im- 
provements under  this  Act,  shall  be  under  the  supervision 
of  the  railroad  commission.  Such  railroad  commission  or 
any  member  thereof,  or  any  person  appointed  by  said  rail- 
road commission  for  such  purpose,  shall,  during  the  con- 
struction thereof,  and  at  all  times,  have  free  access  to  any 
and  all  parts  of  the  premises,  structures,  and  works  neces- 
sary and  constructed  and  maintained  in  connection  with 
such  improvement. 

Regulation  of  water  level.  2.  The  railroad  commission 
shall  have  power  to  regulate  and  control  the  level  and 


Public  Service  Laws 


1467 


flow  of  water  in  all  navigable  waters  in  this  State,  and  may 
order  and  require  monuments  or  benchmarks  to  be  erected 
or  may  erect  monuments  or  benchmarks  upon  which  shall 
be  designated  the  maximum  and  minimum  level  of  water 
that  may  be  maiiitained  undSr  any  franchise  or  in  any 
navigable  waters  of  the  State. 

Ch.  652,  1911. 

Method  of  dam  construction.  §  1596 — 48.  For  the  pur- 
pose of  aiding  and  protecting  navigation  and  other  public 
rights  in  any  navigable  waters  of  this  State,  any  dam 
authorized  to  be  constructed  and  maintained  in  or  across 
such  waters  shall  be  constructed  and  maintained  under 
the  following  provisions: 

(1)  When  required  by  the  railroad  commission,  every 
such  dam  shall  be  provided  with  suitable  slides  and  chutes 
for  the  passage  of  logs  and  timber  products,  and  such 
slides  and  chutes  shall  at  all  times  be  kept  in  good  repair. 

(2)  If  the  waters  in  or  across  which  any  such  dam  Is 
constructed  and  maintained  are  navigable  for  purposes  of 
commerce  or  for  pleasure  boats  and  crafts,  every  such  dam 
shall,  when  required  by  the  railroad  commission,  be 
equipped  and  maintained  with  a  lock,  boathoist,  marine 
railway,  or  other  efficient  device  of  a  size  and  construction 
to  be  approved  by  the  railroad  commission.  Such  lock, 
boathoist,  marine  railway,  or  other  efficient  device  when 
constructed  shall  at  all  times  be  maintained  in  good  re- 
pair and  working  order. 

(3)  When  required  by  the  railroad  commission  every 
such  dam  shall  be  provided  with  a  good  and  sufficient  fish- 
way,  and  said  flshway  when  constructed  shall  at  all  times 
be  kept  in  good  repair  and  open  for  the  free  and  easy  de- 
scent and  ascent  of  fish. 

(4)  When  required  by  the  railroad  commission  every 
such  dam  shall  be  equipped  and  maintained  with  spillways 
or  flood  gates  capable  of  permitting  the  passage  through 
or  over  the  same  of  any  or  all  floods  during  freshets  and 
difring  all  seasons  of  the  year. 

(5)  Subject  to  the  approval  of  the  railroad  commis- 
sion, there  shall  be  erected  and  maintained  by  the  owner 
thereof  two  permanent  monuments  at  every  such  dam, 
marking  the  minimum  and  maximum  heights  to  which  the 
head  of  water  may  be  maintained  in  accordance  with  the 
franchise. 

Ch.  652,  1911. 

Maintenance  of  improvements.  §  1596 — 49.  During  the 
continuance  of  any  franchise  granted  pursuant  to  the  pro- 
visions of  this  Act,  the  appropriator  shall  keep  and  main- 
tain all  improvements  in  good  repair  and  condition,  and 
shall  not  wilfully  or  otherwise  injure  or  destroy  the  same 
or  any  material  part  thereof. 

Ch.  652.  1911. 

Formation  of  trusts  or  conspiracies  in  restraint  of  trade 
to  forfeit  franchises.  §  1596 — 50.  1.  If  any  improvement, 
maintained  under  a  franchise  granted  pursuant  to  the  pro- 
visions of  this  Act,  shall  be  owned,  leased,  trusteed,  pos- 
sessed, or  controlled  by  any  device  permanently,  tem- 
porarily, directly,  indirectly,  tacitly,  or  in  any  manner 
whatsoever  so  that  the  same  form  part  of,  or  in  any  way 
affect  any  combination,  or  shall  be  in  anywise  controlled 
by  any  combination  in  the  form  of  an  unlawful  trust,  or 
form  th3  subject  of  any  contract  or  conspiracy  to  limit  the 
output  of  any  hydraulic  power  or  electric  energy  derived 
therefrom  or  in  any  manner  or  degree  in  restraint  of 
trade  in  the  generation,  sale,  or  distribution  of  hydraulic 
power  or  electric  energy  derived  therefrom,  the  franchise 
granted  authorizing  the  erection  and  maintenance  of  said 
dam  and  the  improvement  of  navigation  and  the  develop- 
ment of  hydraulic  power  by  the  appropriator,  shall  be  for- 
feited to  the  State  of  Wisconsin  by  proceedings  instituted 
by  the  State  in  the  courts  for  that  purpose. 

2.  Provided  that  nothing  herein  contained  shall  be  so 
construed  as  to  prohibit  any  appropriator  from  uniting  or 
joining  with  any  person,  firm,  or  corporation  in  an  adjoin- 
ing State  for  the  construction  and  maintenance  of  any 
dam  in  or  across  any  navigable  waters  which  in  whole  or 
in  part  are  a  boundary  between  this  and  such  adjoining 
State,  for  the  purpose  of  improving  navigation  of  any  such 
waters  or  developing  hydraulic  power  or  for  the  purpose 
of  generating  and  transmitting  for  sale  to  the  public  any 
electrical  energy  derived  from  any  hydraulic  power  created 
and  developed  by  virtue  of  any  such  improvement. 

Ch.  652,  1911. 

Electric  energy  sold  to  puMic  without  discrimination. 
§  1596 — 51.    Any  appropriator  developing  hydraulic  power 


under  a  franchise  granted  pursuant  to  the  provisions  of 
this  Act  is  authorized  and  required  to  lease  or  dispose 
of  said  power  and  any  electrical  energy  derived  therefrom 
to  the  public  without  discrimination  and  at  a  reasonable 
rate.  However,  said  appropriator  may  retain  and  use 
as  much  of  said  hydraulic  power  and  electrical  energy 
as  shall  be  reasonably  necessary  for  its  own  purpose  or 
purposes. 

Ch.  652,  1911. 

Commission  to  regulate  rates.  §  1596 — 52.  1.  The 
railroad  commission  shall  have  supervision  over  the 
sale  and  distribution  of  ^nd  may  regulate  and  fix  a 
reasonable  rate  to  be  charged  for  any  and  all  hydraulic 
power  resulting  from  any  improvement  authorized  under 
any  franchise  granted  pursuant  to  the  provisions  of  this 
Act  and  for  any  and  all  electrical  energy  and  mechanical 
power  derived  therefrom.  In  the  exercise  of  such 
supervision  and  regulation  and  fixing  of  rates,  said 
railroad  commission  shall  have  the  rights,  powers,  and 
privileges  conferred  upon  such  commission  by  §  1797m — 1 
to  §  1797m — 108,  both  inclusive,  of  the  statutes,  and 
shall  be  governed  in  its  procedure  by  said  sections  of  the 
statutes,  except  as  herein  otherwise  provided. 

2.  Any  appropriator  offering  for  sale  or  selling  or 
leasing  any  hydraulic  power  resulting  by  reason  of  any 
improvement  authorized  under  this  Act  or  any  electrical 
energy  or  mechanical  power  derived  therefrom  shall  be 
subject  to  all  the  provisions  of  §  1797m— 1  to  §  1797m — 
108,  both  inclusive,  of  the  statutes,  and  shall  enjoy  all 
privileges  and  rights  conferred  upon  public  utilities  by 
said  sections  of  the  statutes,  and  not  inconsistent  with 
or  repugnant  to  the  provisions  of  this  Act. 
Ch.  652,  1911. 

Complaint  by  consumers.  §  1596 — 53.  Upon  complaint 
made  against  any  appropriator  by  any  mercantile,  agri- 
cultural, or  manufacturing  society,  or  by  any  body 
politic  or  municipal  organization,  or  by  any  25  persons, 
firms,  corporations,  or  associations,  that  the  supply 
of  hydraulic  power  of  such  appropriator  is  inadequate 
or  cannot  be  obtained  because  of  the  unreasonable 
failure  or  refusal  of  such  appropriator  to  develop  a 
reasonable  amount  or  all  of  the  hydraulic  power  capable 
of  development  in  connection  with  any  improvement 
authorized  by  such  franchise,  or  because  such  appropri- 
ator unreasonably  fails  or  refuses  to  transform  into 
electrical  energy  a  reasonable  amoui^t  of  such  power 
and  transmit  the  same  for  sale  to  the  public,  the  rail- 
road commission  shall  proceed,  with  or  without  notice, 
to  make  such  investigation  as  it  may  deem  necessary 
or  convenient.  But  no  order  affecting  such  service  shall 
be  entered  by  the  railroad  commission  without  a  formal 
hearing. 

Ch.   652,   1911. 

Notification  to  appropriator.  §  1596 — 54.  The  railroad 
commission  shall,  prior  to  such  formal  hearing,  notify 
the  appropriator  complained  of  that  a  complaint  has 
been  made,  and  10  days  after  such  notice  has  been  given 
the  railroad  commission  may  proceed  to  set  a  time 
and  place  for  a  hearing  and  an  investigation  as  herein- 
before provided. 
Ch.   652,    1911. 

Hearing.  §  1596 — 55.  The  railroad  commission  shall 
give  the  appropriator  complained  of  and  the  complainant 
10  days'  notice  of  the  time  and  place  when  and  where 
such  hearing  and  investigation  will  be  held  and  such 
matters  considered  and  determined.  Both  the  appropri- 
ator and  complainant  shall  be  entitled  to  be  heard  and 
shall  have  process  to  enforce  the  attendance  of  wit- 
nesses. 

Ch.   652,  1911. 

Order  of  commission.  §  1596 — 56.  1.  If  upon  such 
hearing  and  investigation  it  shall  be  found  that  for 
the  reason  or  reasons  set  out  in  the  complaint  the 
supply  of  hydraulic  power  of  any  appropriator  ia  inade- 
quate or  cannot  be  obtained,  and  if  a  showing  be  made 
at  such  hearing  that  public  convenience  and  a  necessity 
require  it,  the  railroad  commission  shall  have  power 
to  order  such  appropriator  to  develop  and  dispose  of 
to  the  public  all  or  any  additional  part  of  the  hydraulic 
power  capable  of  development  in  connection  with  any 
improvement  authorized  by  the  franchise  granted  to 
such  appropriator  and  not  used  or  necessary  for  its 
purposes,  and   may  also,  upon  such  showing,  order  that 


1468 


National  Association  of  Railway  Commissioners 


all  Or  any  part  of  such  developed  hydraulic  power  not 
used  Or  necessary  for  the  purposes  of  such  appropriator 
be  transformed  into  electrical  energy  and  that  the  same 
be  transmitted  for  sale  to  the  public. 

2.  However,  in  no  case  shall  any  such  appropriator 
be  required  to  develop  additional  power  or  to  transform 
and  transmit  any  electrical  energy  when  it  appears  that 
a  reasonable  return  cannot  be  earned  upon  the  total 
investment  involved  including  the  additional  investment 
necessary  for  such  additional  development  or  for  such 
transformation  and  transmission. 

Cb.   652,   1911. 

Expenses  of  proceedings.  §  1596 — 57.  If  upon  sucK 
investigation  the  allegations  of  the  complaint  shall  be 
found  to  be  true,  the  expenses  incurred  by  the  railroad 
commission  in  making  investigation  may  be  assessed 
by  the  said  commission  against  the  appropriator  com- 
plained of. 

Ch.  652,  1911. 

Investigation  on  motion  of  commission.  §  1596 — 58. 
Whenever  the  railroad  commission  shall  believe  that 
public  convenience  and  a  necessity  require  the  develop- 
ment of  all  the  hydraulic  power  capable  of  development 
in  connection  with  any  improvement  authorized  by  any 
franchise  granted  under  this  Act,  or  the  transformation 
of  any  or  all  of  such  hydraulic  power  into  electrical  energy 
and  the  transmission  of  the  same  for  sale  to  the  public, 
said  commission  may  on  its  own  motion  summarily  in- 
vestigate the  same,  with  or  without  notice. 

Ch.   652,   1911. 

Notice  to  appropriator.  §  1596 — 59.  If,  after  making 
such  summary  investigation,  the  railroad  commission 
becomes  satisfied  that  sufficient  grounds  exist  to  warrant 
a  formal  hearing  being  ordered  as  to  the  matters  so 
summarily  investigated,  such  commission  shall  furnish 
the  appropriator  interested  a  statement  notifying  such 
appropriator  of  the  matters  under  Investigation.  Ten 
days  after  such  notice  has  been  given  the  railroad 
commission  may  proceed  to  set  a  time  and  place  for 
hearing  and   investigation  as   hereinbefore   provided. 

Ch.    652,    1911. 

Notice  of  hearing — Procedure.  §  1596 — 60.  Notice  of 
the  time  and  place  for  such  hearing  shall  be  given  to 
the  appropriator  and  to  such  other  interested  persons 
as  the  railroad  commission  shall  deem  necessary,  as 
provided  in  §  1596 — 54,  and  thereafter  procedure  shall 
be  had  and  conducted  in  reference  to  the  matter  in- 
vestigated in  like  manner  as  though  complaint  had  been 
filed  with  the  railroad  commission,  relative  to  the  matter 
Investigated,  and  the  same  order  or  orders  may  be 
made  in  reference  thereto  as  if  such  investigation  had 
been   made  on   complaint. 

Ch.  652,  191. 

Complete  development  of  power  required  when  public 
necessity  demands  it.  §  1596 — 61.  1.  If  public  convenience 
and  a  necessity  require  it,  any  appropriator  maintaining 
any  dam  under  a  franchise  granted  under  the  provisions 
of  this  Act  shall  develop  any  or  all  of  the  hydraulic 
power  created  by  such  dam  and  capable  of  development 
and  shall  transform  any  or  all  of  such  power,  not  rea- 
sonably necessary  for  the  purpose  or  purposes  of  said 
appropriator,  into  electrical  energy  and  shall  transmit 
the  same,  or  such  part  thereof  as  is  not  reasonably 
necessary  for  the  purpose  or  purposes  of  said  appropri- 
ator, for  sale  to  the  public. 

Complaint  hy  consumer.  2.  Upon  complaint  made 
against  any  appropriator  by  any  mercantile,  agricul- 
tural, or  manufacturing  society,  or  by  any  body  politic 
or  municipal  organization,  or  by  any  25  persons,  firms, 
corporations,  or  associations  that  public  convenience  and 
a  necessity  require  that  all  or  any  part  of  the  hydraulic 
power  created  by  any  such  dam  and  capable  of  develop- 
ment be  developed  and  that  any  or  all  of  such  developed 
power,  not  reasonably  necessary  for  the  purpose  or 
purposes  of  said  appropriator,  be  transformed  into 
electrical  energy  and  the  same  or  any  part  thereof 
not  reasonably  necessary  for  the  purpose  or  purposes  of 
said  appropriator,  be  transmitted  for  sale  to  the  public, 
and  that  said  appropriator  unreasonably  neglects  and  re- 
fuses to  develop  or  transform  and  transmit  such  power, 
the  railroad  commission  shall  make  such  investigation 
as  it  shall  deem  necessary.  But  no  order  affecting 
the     development    or    transformation    and    transmission 


of  such  power  shall  be  made  or  entered  by  the  railroad 
commission  without  a  formal  public  hearing 
Ch.  652,  1911. 

Notice  to  appropriator.  J  1596 — 62.  The  railroad  com- 
mission shall,  prior  to  such  formal  hearing,  notify  the 
appropriator  complained  of  that  a  complaint  has  been 
made,  and  10  days  after  such  notice  has  been  given  the 
railroad  commission  may  proceed  to  set  a  time  and  place 
for  a  hearing  and  an  investigation  as  hereinbefore  pro- 
vided. 

Ch.  652,  1911. 

Notice  of  hearing.  §  1596 — 63.  The  railroad  commission 
shall  give  the  appropriator  complained  of  and  com- 
plainant 10  days'  notice  of  the  time  and  place 
when  and  where  such  hearing  and  investigation  will  be 
held  and  such  matters  considered  and  determined. 
Both  the  appropriator  and  complainant  shall  be  entitled 
to  be  heard  and  shall  have  process  to  enforce  the  at- 
tendance of  witnesses. 

Ch.  652,   1911. 

Order  of  the  commission.  §  1596 — 64.  If  upon  sBch 
hearing  and  investigation  the  allegations  of  the  complant 
be  found  to  be  true,  and  if  it  be  shown  that  public  con- 
venience and  a  necessity  require  it,  the  railroad  commis- 
sion shall  have  power  to  order  such  appropriator  to  ce- 
velop  all  or  any  part  of  the  hydraulic  power  created  ly 
any  dam  constructed  and  maintained  by  said  appropriator 
under  the  provisions  of  this  Act,  and  to  order  that  any  jr 
all  of  such  developed  power,  not  reasonably  necessary  fjr 
the  purpose  or  purposes  of  said  appropriator,  be  trai  s- 
formed  into  electrical  energy  and  that  all  or  any  part 
thereof  not  reasonably  necessary  for  the  purpose  or  pi  r- 
poses  of  said  appropriator,  be  transformed  and  transmitt  d 
for  the  sale  to  the  public. 

Ch.  652,  1911. 

Powers  of  commission — Procedure.  §  1596 — 65.  For  t  le 
purpose  of  carrying  into  effect  §§  1596 — 53  to  159G — C 1, 
both  inclusive,  of  this  Act,  the  railroad  commission  shf  U 
have  all  the  rights,  powers,  and  privileges  conferred  upc  n 
said  commission  by  §§  1797m — 43  to  1797 — 73,  both  1 1- 
clusive,  of  the  statutes,  and  shall  be  governed  in  its  pr  )- 
cedure  by  said  sections  of  the  statutes;  and  for  such  pur- 
pose every  appropriator  shall  be  subject  to  all  the  pr  >- 
visions  of  said  §§  1797m— 43  to  1797m— 73,  both  incluslv  % 
of  the  statutes,  and  shall  enjoy  all  the  rights  and  privllegt  3 
conferred  by  said  sections  of  the  statutes  upon  public  uti:  i- 
tles  against  which  complaint  has  been  made  as  for  1 1- 
adequacy  of  service. 

Ch.  652,  1911. 

Information  and  reports  by  appropriator.  §  1596-^ 
1.  Every  appropriator  shall  furnish  to  the  railroad  con- 
mission,  upon  blanks  to  be  furnished  by  said  commissio)i, 
all  information  required  by  It  to  carry  into  effect  the  pro- 
visions of  this  Act,  and  shall  make  specific  answers  to  a  1 
questions  submitted  by  the  railroad  commission,  and  sha  1 
make  any  and  all  reports  required  by  said  commission. 

2.  Every  such  appropriator  receiving  from  the  railroa  i 
commission  any  blanks  with  directions  to  fill  the  sami', 
shall  cause  the  same  to  be  properly  filled  out  so  as  to  ai- 
swer  fully  and  correctly  each  question  therein  propoundeii, 
and  said  answer  shall  be  verified  under  oath  by  the  appro- 
priator or  his  duly  authorized  representative  and  returne  1 
to  the  railroad  commission  at  its  office  within  the  perlol 
fixed  by  said  commission. 

Ch.  652,  1911. 

Books,  etc.,  subject  to  inspection.  §  1596 — 67.  The 
railroad  commission  or  any  member  of  such  commissioi 
or  any  person  or  persons  employed  by  such  commissioi 
for  that  purpose  shall,  upon  demand,  have  the  right  to  ii- 
spect  the  books,  accounts,  papers,  records,  and  memorandi 
of  any  appropriator  operating  under  a  franchise  grantel 
pursuant  to  this  Act,  and  to  examine  under  oath  any  agent 
or  employe  of  such  appropriator  in  relation  to  its  business 
and  affairs. 

Ch.  652,  1911. 

Witnesses — Evidence.  §  1596 — 68.  The  railroad  com 
mission  and  each  member  of  such  commission  for  the  pur- 
poses mentioned  in  this  Act  shall  have  power  to  adminis- 
ter oaths,  certify  to  official  acts,  issue  subpoenas,  compel 
the  attendance  of  witnesses  and  the  production  of  books, 
accounts,  papers,  documents,  and  testimony. 

Ch.  652,  1911. 

Tolls.    §  1596 — 69.    Any  appropriator  operating  under  a 


or  11- 

11 

6-^5. 


Public  Sehtice  Laws 


1469 


franchise  granted  pursuant  to  this  Act  shall  be  subject  to 
all  the  duties  and  liabilities  imposed  by  the  statutes  and 
laws  of  this  State  upon  river  improvement  companies  or- 
ganized under  the  general  law,  and  shall  be  entitled  to  all 
such  reasonable  tolls  by  reason  of  facilities  or  improve- 
ments furnished  in  aid  of  navigation,  and  shall  be  entitled 
to  all  rights  and  remedies  in  relation  thereto  as  are  given 
to  river  improvement  companies  by  the  statutes  and  laws 
of  this  State;  but  the  tolls  to  be  charged  and  collected 
shall  at  all  times  be  subject  to  regulation  and  restriction 
by  the  railroad  commission  of  Wisconsin  in  the  same  man- 
ner as  railroad  rates  may  be  regulated  by  said  commission 

Ch.  652,  1911. 

Not  applicable  to  water  reservoir  companies.  §  1596 — 70. 
The  provisions  of  this  Act  shall  not  apply  to  corporations 
heretofore  organized  in  whole  or  in  part  to  establish,  main- 
tain, or  operate  a  system  of  water  reservoirs  for  the  pur- 
pose of  regulating  the  flow  of  water  in  any  river  in  the 
State.  Nothing  in  this  Act  shall  be  construed  to  authorize 
the  establishment,  maintenance,  or  operation  of  a  system 
of  reservoirs  for  the  purpose  of  regulating  the  flow  of  water 
in  any  river  of  the  State,  nor  shall  the  right  or  authority 
to  establish,  maintain,  or  operate  such  a  system  of  water 
reservoirs  be  included  in  or  made  a  part  of  any  franchise. 

Ch.  G52,  1911. 

Forfeiture  of  franchise  for  failure  to  comply.  §  1596 — 71. 
If  any  appropriator  operating  under  any  franchise  granted 
pursuant  to  the  provisions  of  this  Act  fails  substantially  to 
comply  with  any  of  the  provisions  of  this  Act,  or  its  fran- 
chise, or  of  law,  or  if  any  such  appropriator  fails  to  comply 
with  any  ruling,  finding,  stipulation,  or  determination  of 
the  railroad  commission,  the  franchise  of  such  appropriator 
shall  be  forfeited.  The  railroad  commission  shall  notify 
the  governor  of  any  such  failure,  and  upon  proper  suit 
being  brought  by  the  State,  such  franchise  shall  be  for- 
feited and  all  rights  thereunder  shall  terminate  and  cease. 

Ch.  652,  1911. 

Part  of  law  invalid  not  to  affect  whole  Act.  §  1596 — 72. 
It  is  the  intention  of  the  legislature  that  §§  1596—1,  1596 
—2,  1596—3,  1596—23  and  1596—73  of  this  Act  be  con- 
strued to  be  separable  or  independent  portions  thereof, 
and  that  any  one  or  all  of  said  sections  may  fail  or  be  de- 
clared invalid  without  affecting  any  other  section  or  sec- 
tions of  the  Act;  and  it  is  the  further  intention  of  the  leg- 
islature that  if  any  other  separable  or  independent  portion 
of  this  Act,  not  necessary  for  the  accomplishment  of  the 
main  purposes  sought  to  be  accomplished  thereby,  fails, 
the  remainder  of  said  Act  shall  not  be  affected  by  the 
failure  of  such  separable  or  independent  portion  of  said 
Act. 

Ch.  652,  1911. 

Body  of  water  in  existence  twenty  years  putlic.  §  1596 
— 73.  Every  body  of  navigable  water  created  by  any  dam, 
and  lawfully,  continuously  and  adversely  maintained  for 
over  20  years,  is  hereby  declared  to  be  a  permanent  public 
body  of  water  and  shall  be  held  in  trust  by  the  State  for 
the  use  of  all  the  people  the  same  as  other  navigable 
waters  of  this  State,  and  no  such  body  of  water  shall  be 
destroyed  nor  shall  its  navigability  be  impaired. 

Ch.  652,  1911. 

Franchise  fee  not  a  tax.  §  1596 — 74.  The  franchise  fee 
provided  for  in  §  1596 — 36  of  this  Act  shall  not  be  con- 
strued to  be  a  tax  or  to  be  in  lieu  of  or  to  in  any  manner 
affect  any  tax,  state  or  local,  authorized  by  law  to  be  levied 
against  the  property  of  and  collected  from  any  appropri- 
ator. 

Ch.  652,  1911. 

Powers  may  be  transferred  from  commission.  §  1596 — 75. 
The  legislature  reserves  the  right  to  at  any  time  transfer 
the  duties,  powers,  and  privileges  conferred  by  this  Act 
upon  the  railroad  commission  to  any  other  commission  or 
body  or  State  agency  as  may  be  provided  by  law. 

Ch.  652,  1911. 

Appropriation.  §  1596 — 76.  There  Is  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otherwise 
appropriated  a  sum  sufficient  to  carry  out  the  provisions 
of  this  Act,  not  exceeding  the  sum  of  $10,000. 

Ch.  652,  1911. 

Commission  may  change  terms  of  existing  franchises. 
%  1604m.  If  the  franchise,  license  or  permit  under  which 
the  dam  has  heretofore  been  authorized  to  be.  or  has  been 
constructed  or  maintained,  shall  require  the  construction 
or  maintenance  in  such  dam  or  in  connection  therewith 


of  any  slide,  chute,  lock,  canal,  boat  hoist,  sluiceway,  ma- 
rine railway  or  other  device  for  aiding  or  protecting  navi- 
gation or  the  public  safety,  or  shall  contain  any  restriction 
upon  the  height  of  such  dam,  the  railroad  commission  of 
Wisconsin  shall,  upon  application  of  the  grantee  of  such 
franchise,  his  or  its  personal  representatives,  successors 
or  assigns,  and  upon  30  days'  notice  in  writing  to  the 
grantee,  and  to  any  person  or  corporation  claiming  under 
the  grantee,  and  after  public  hearing,  determine  whether 
such  requirements  or  restrictions,  or  any  of  them,  have 
ceased  to  be  necessary,  or  are  unnecessary,  to  aid  or  pro- 
tect the  navigability  of  the  water  in  which  such  dam  was 
authorized  to  be  constructed  or  maintained,  or  to  protect 
the  public  safety,  and  if  upon  such  investigation  the  rail- 
road commission  shall  determine  that  any  of  such  require- 
ments or  restrictions  have  thus  ceased  to  be  necessary,  or 
are  unnecessary,  it  shall  make  a  finding  to  such  effect, 
and  thereupon  the  requirements  and  restrictions  so  found 
to  be  unnecessary  shall  be  dispensed  with  until  such  time 
as  the  railroad  commission  may,  upon  investigation  had, 
require  such  restrictions  and  requirements  to  be  replaced. 
Ch.  591,  1911. 

Hours  of  labor  of  women — Posting  notice — Penalty. 
§  1728 — 1.  1.  No  female  shall  be  employed  or  permitted 
to  work  in  any  manufacturing,  mechanical  or  mercantile 
establishment,  laundry  or  restaurant  or  confectionery 
store,  or  telegraph  of  telephone  office  or  exchange,  or 
by  any  express  or  transportation  company,  in  this 
state,  more  than  10  hours  during  any  one  day,  or  more 
than  55  hours  in  any  one  week.  The  hours  may  be 
so  arranged  as  to  permit  the  employment  of  females  at 
any  time,  but  they  shall  not  work  more  than  10  hours 
during  the  24  hours  of  any  one  day,  nor  more  than  55 
hours  during  one  week.  If,  however,  any  part  of  a 
female's  daily  employment  is  performed  between  the 
hours  of  8  o'clock  p.  m.  and  6  o'clock  a.  m.  of  the 
following  day,  all  the  employment  shall  be  considered 
night  work,  and  no  such  female  so  employed  at  night 
work  shall  be  employed  or  permitted  to  work  thereat 
more  than  eight  hours  in  any  24  hours,  nor  more  than 
48  hours  during  one  week.  If  any  such  female  is 
employed  not  more  than  one  night  in  the  week  (after 
8  o'clock  as  herein  provided),  then  such  female  may  be 
permitted  to  work  55  hours  in  any  such  week.  Provided, 
that  at  least  one  hour  for  dinner  be  allowed  each  female 
during  her  working  period,  but  no  part  of  such  hour 
shall  be  considered  as  a  part  of  the  permitted  period 
of  daily  employment. 

2.  Every  employer  shall  post  in  a  conspicuous 
place  in  every  room  in  which  such  females  are  employed,  a 
printed  notice  stating  the  hours  of  commencing  and 
stopping  such  work,  the  time  allowed  for  dinner  or 
other  meals  and  the  maximum  number  of  hours  any 
female  employe  is  permitted  to  work  in  any  one  day. 

3.  The  employment  of  any  female  in  any  such  place 
or  establishment,  as  defined  in  subsection  1  of  this 
section,  at  any  time  other  than  those  of  the  posted 
hours  of  labor,  as  hereinbefore  provided  for,  shall  be 
prima  facie  evidence  of  a  violation  of  this   Act. 

4.  Any  person  violating  any  provision  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not 
less  than  $5  nor  more  than   $100. 

Ch.  548,  1911. 

STOCK  AND  BOND  LAW. 
§§  1753  to  1753—22. 

Corporation  stocks  and  bonds — Consideration — Fictitious 
increase  void.  §  1753.  No  corporation  shall  issue  any  stock 
or  certificate  of  stock  except  in  consideration  of  money 
or  of  labor  or  property  estimated  at  its  true  money 
value,  actually  received  by  it,  equal  to  the  par  value 
thereof,  nor  any  bonds  or  other  evidences  of  indebted- 
ness except  for  money  or  for  labor  or  property  esti- 
mated at  its  true  money  value,  actually  received  by  it, 
equal  to  75  per  cent  of  the  par  value  thereof,  and  all 
stocks  and  bonds  issued  contrary  to  the  provisions  of 
law  and  all  fictitious  increase  of  the  capital  stock  of 
any   corporation    shall   be   void. 

Ch.  576,  1907. 

"Public  service  corporation"  defined.  §  1753 — 1.  The 
term  "public  service  corporation"  when  used  in  this  Act 
shall   mean   and  embrace  every   railroad,   street  railway, 


1470 


National  Association  of  Eailway  Commissionebs 


telegraph,  telephone,  express,  freight  line,  sleeping  car, 
light,  heat,  water  and  power  corporation,  and  all  other 
corporations,  excepting  towns,  villages  and  cities,  en- 
gaged in  the  business  of  supplying  the  public,  directly  or 
indirectly,  with  light,  heat,  power  or  water,  or  In 
transmitting  telegraph  or  telephone  messages,  or  In 
transporting  passengers,  freight  or  express;  the  term 
"commission"  when  used  in  this  Act  shall  mean  the 
railroad  commission  of  Wisconsin;  the  term  "capital 
account"  when  used  in  this  Act  shall  mean  the  capital 
account  prescribed  by  the  commission  and  required  to 
be  kept  by  every  public  service  corporation  as  pro- 
vided by  law;  the  term  "net  income  or  revenue"  when 
used  in  this  Act  shall  mean  the  money  available  for 
dividends  and  surplus  according  to  the  accounts  pre- 
scribed by  the  commission  and  required  to  be  kept  by 
every  public   service   corporation. 

Ch.   593,   1911. 

Control  of  liens  vested  in  State.  §  1753 — 2.  The  power 
to  create  liens  on  corporate  property  by  public  service 
corporations  in  this  State  is  a  special  privilege,  the 
right  of  supervision,  regulation,  restriction  and  control 
of  which  shall  be  vested  in  the  State,  and  such  power 
shall  be  exercised  according  to  the  provisions  of  these 
statutes. 

Ch.   593,   1911. 

Applies  to  securities  payable  in  more  than  one  year. 
§  1753 — 3.  Except  as  otherwise  provided  herein,  the  pro- 
visions of  this  Act  shall  apply  to  the  issue  by  public 
service  corporations  of  stocks,  certificates  of  stock, 
bonds,  notes  or  other  evidences  of  indebtedness  payable 
at  periods  of  more  than  one  year  after  the  date  thereof. 

Ch.   593,   1911. 

Issue  not  to  exceed  amount  reasonably  necessary.  %  1753 
4.  No  public  service  corporation  shall  hereafter  issue 
for  any  purposes  connected  with  or  relating  to  any  part 
of  its  business,  any  stocks,  certificates  of  stock,  bonds, 
notes  or  other  evidences  of  indebtedness,  to  an  amount 
exceeding  that  which  may  from  time  to  time  be  reason- 
ably necessary  for  the  purpose  for  which  such  Issue  of 
stock,  certificates  of  stock,  bonds,  notes  or  other  evi- 
dences of  indebtedness  may  be  authorized. 

Ch.   593,   1911. 

Purposes  for  which  stocks,  bonds,  etc.,  may  be  issued. 
§  1753 — 5.  A  public  service  corporation  may  issue 
stocks,  certificates  of  stock,  bonds,  notes  or  other  evi- 
dences of  indebtedness,  when  necessary  for  organization 
expenses  and  all  other  expenses  reasonably  required  in 
connection  with  the  financing  and  construction  of  Its 
property,  for  the  acquisition  of  property,  the  construc- 
tion, completion,  extension  or  improvement  of  its  plant, 
distributing  system  or  facilities,  or  for  the  improvement 
of  its  service,  or  for  the  discharge  or  refunding  of  Its 
legal  obligations,  or  in  case  of  railroad  corporatiob  for 
any  of  the  purposes  stated  in  §  1826  or  subsection  10  of 
§  1828  of  the  statutes,  provided,  however,  that  no  such 
corporation  shall  issue  any  stocks  or  certificates  of 
stock  for  any  purpose  which  is  not  properly  chargeable 
to  its  capital  account;  and  that  if  any  such  corpora- 
tion shall  issue  any  bonds,  notes  or  other  evidences 
of  indebtedness  for  any  lawful  purpose  which  is  not 
properly  chargeable  to  its  capital  account,  it  shall  set 
aside  annually  from  its  net  income  or  revenue.  If  any, 
such  a  sum  that  when  such  bonds,  notes  or  other  evi- 
dences of  indebtedness  shall  become  due  and  payable, 
the  total  amount  of  said  sums  so  set  aside  shall  be 
sufllcient  to   pay   and  discharge   the   same. 

Ch.   593,   1911. 

Purposes  for  which  stocks,  bonds,  etc.,  may  not  be  issued. 
§  1753 — 6.  No  public  service  corporation  shall  issue  any 
stocks,  certificates  of  stock,  bonds,  notes  or  other 
evidences  of  indebtedness  for  the  purpose  of  paying, 
discharging,  refunding,  exchanging  for,  or  retiring.  In 
whole  or  in  part,  directly  or  indirectly,  any  of  its  bonds,  . 
notes  or  other  evidences  of  indebtedness,  payable  at 
periods  of  less  than  one  year  after  the  date  thereof, 
which  were  issued  for  purposes  not  properly  chargeable 
to  its  capital   account. 

Ch.   593,   1911. 

Consideratioji  for  stocks  and  bonds.  §  1753 — 7.  No 
public  service  corporation  shall  issue  any  stock  or 
certificate  of  stock  except  In  consideration  of  money, 
or   of   labor   or   property,    at   its    true    money    value,    as 


in 

ll 


found  and  determined  by  the  commission  as  in  this 
Act  provided,  actually  received  by  it,  equal  to  the  face 
value  thereof,  or  any  bonds,  notes  or  other  evidences 
of  indebtedness  except  for  money,  or  for  labor  or 
property  estimated  at  its  true  money  value,  as  found 
and  determined  by  the  commission  as  in  this  Act  pro- 
vided, actually  received  by  it,  equal  to  a  sum  not  less 
than  75  per  cent  of  the  face  value  thereof,  provided, 
however,  that  no  bonds,  notes  or  other  evidences  of 
indebtedness  of  any  such  corporation  issued  for  the 
purpose  of  refunding,  retiring  or  discharging  any  of-  Its 
bonds,  notes  or  other  evidences  of  indebtedness,  shall 
be  issued  at  less  than  75  per  cent  of  the  face  value 
thereof,  plus  the  amount  of  any  discount  hereafter 
paid  or  incurred  by  such  corporation  upon  the  issu- 
ance of  the  bonds,  notes  or  other  evidences  of  indebted- 
ness to  be  refunded,  retired  or  discharged.  All  stocks, 
certificates  of  stocks,  bonds,  notes  and  other  evidences 
of  indebtedness  of  any  public  service  corporation  issued 
contrary  to  the  provisions  of  this  Act  shall  be  void. 

Ch.   593,   1911. 

Bonds  to  bear  reasonable  proportion  to  stock  |  1753 — i. 
The  amount  of  bonds,  notes  or  other  evidences  of  in- 
debtedness which  any  public  service  corporation  may 
issue  shall  bear  a  reasonable  proportion  to  the  amount 
of  stock  and  certificates  of  stock  issued  by  such  coi- 
poration,  due  consideration  being  given  to  the  naturs 
of  the  business  in  which  the  corporation  is  engaged,  it* 
credit  and  future  prospects,  the  effect  which  such  issuo 
will  have  upon  the  management  and  efficient  operation 
of  the  corporation  by  reason  of  the  relative  amount  o^ 
financial  interest  which  the  stockholders  will  have  il 
the  corporation,  and  the  circumstances  surrounding 
operation    and    business   of   the    corporation. 

Ch.   593,   1911. 

Issues  for  -money  only — Proceedings,  statement  by  cor 
poration.  §  1753 — 9.  1.  No  public  service  corporatloi 
shall  hereafter  issue  any  stocks,  certificates  of  stock 
bonds,  notes,  or  any  other  evidences  of  indebtedness 
except  such  as  are  Issued  for  money  only  and  payabU 
one  year  or  less  from  the  date  thereof,  until  it  shall  hav« 
first  obtained  authority  for  such  issue  from  the  commis 
sion,  as  herein  provided.  The  proceedings  for  obtain 
ing  a  certificate  of  such  authority  from  the  commission 
and  the  conditions  of  its  being  granted  by  the  commis- 
sion shall  be  as  follows:  In  case  the  stocks,  certificates 
of  stock,  bonds,  notes,  or  other  evidences  of  indebted- 
ness are  payable  at  periods  ot  more  than  one  year  after 
the  date  thereof,  and  are  to  be  issued  for  money  only, 
the  corporation  shall  file  with  the  commission  a  state- 
ment, signed  and  verified  by  its  president  and  secretary, 
setting  forth  (a)  the  amount  and  character  of  the  pro- 
posed stocks,  certificates  of  stock,  bonds,  notes,  or 
other  evidences  of  indebtedness;  (b)  the  purposes  for 
which  they  are  to  be  issued;  (c)  the  terms  on  which 
they  are  to'  be  issued,  and  (d)  the  total  assets  and  lia- 
bilities, and  the  previous  financial  operations  and  busi- 
ness of  the  corporation,  in  such  detail  as  the  commission 
may   require. 

Incorporators  may  petition — Issues  for  money  only — 
Commission's  investigation  and  valuation.  2.  The  signers 
of  the  articles  of  association  of  a  public  service  cor- 
poration hereafter  organized  may  sign  and  verify  such 
statement  in  the  first  instance.  For  the  purpose  of  en- 
abling it  to  determine  whether  the  proposed  issue  com- 
plies with  the  provisions  of  this  Act,  the  commission 
shall  make  such  inquiry  or  investigation,  hold  such  hear- 
ings and  examine  such  witnesses,  books,  papers,  docu- 
ments, or  contracts,  as  it  may  deem  of  importance  In 
enabling  it  to  reach  a  determination.  It  may  also  make 
a  valuation  ot  all  the  property  of  the  corporation  if  it 
deems  it  pertinent  to  the  inquiry  or  investigation.  It 
shall  find  and  determine  the  amount  of  such  stock, 
certificates  of  stock,  bonds,  notes,  or  other  evidences 
of  indebtedness,  reasonably  necessary  for  the  purposes 
for  which  the  same  are  to  be  issued. 

Issues  for  money  only — Commission's  certificate.  3.  If 
the  commission  shall  determine  that  such  proposed 
issup  complies  with  the  provisions  of  this  Act  such  au- 
thority shall  thereupon  be  granted,  and  it  shall  issue 
to  the  corporation  a  certificate  ot  authority,  stating: 
(a)  the  amount  of  such  stocks,  certificates  of  stock, 
bonds,    notes,    or    other    evidences    of    Indebtedness    rea- 


Public  Service  Laws 


1471 


sonably  necessary  for  the  purposes  for  which  they  are 
to  be  issued,  and  the  character  of  the  same;  (b)  the 
purposes  for  which  they  are  to  be  issued,  and  (c)  the 
terms  upon  which  they  are  to  be  issued.  Such  cor- 
poration shall  not  apply  the  proceeds  of  such  stock, 
bonds,  notes,  or  other  evidences  of  indebtedness  as 
aforesaid,  to  any  purposes  not  specified  in  such  certifi- 
cate, nor  issue  such  stock,  bonds,  notes,  or  other  evi- 
dences of  indebtedness,  on  any  terms  not  specified 
in    such    certificate. 

Issued  for  other  than  money — Corporation's  statements. 
4.  In  case  the  stocks,  certificates  of  stock,  bonds,  notes, 
or  other  evidences  of  indebtedness,  payable  in  more 
than  one  year  after  the  date  thereof,  or  payable  in  less 
than  one  year  from  the  date  thereof  when  issued  for 
purposes  properly  chargeable  to  its  capital  account,  are 
to  be  issued,  partly  or  wholly  for  property  or  services 
or  other  consideration  than  money,  the  corporation 
shall  file  with  the  commission  a  statement,  signed  and 
verified  by  its  president  and  secretary,  setting  forth  (a) 
the  amount  and  character  of  the  stocks,  certificates 
of  stock,  bonds,  notes,  or  other  evidences  of  indebtedness 
proposed  to  be  issued;  (b)  the  purposes  for  which  they 
are  to  be  issued;  (c)  the  description  in  detail  and  es- 
timated value  of  the  property  or  services  for  which 
they  are  to  be  issued;  (d)  the  terms  on  which  they 
are  to  be  issued  or  exchanged;  (e)  the  amount  of 
money,  if  any,  to  be  received  for  the  same,  in  addition 
to  such  property,  services,  or  other  consideration,  and 
(f)  the  total  assets  and  liabilities,  and  the  previous 
financial  operations  and  business  of  the  corporation,  in 
such  detail  as  the  commission  may  require. 

Issued  for  other  than  money — Commission's  investiga- 
tion and  valuation.  5.  The  signers  of  the  articles  of  as- 
sociation of  a  public  service  corporation  hereafter  or- 
ganized, may  sign  and  verify  such  statement,  in  the 
first  instance.  For  the  purpose  of  enabling  it  to  deter- 
mine whether  the  proposed  issue  complies  with  the  pro- 
visions of  this  Act,  the  commission  shall  determine  the 
true  valuation,  in  detail,  of  the  property,  services,  or 
other  consideration  other  than  money,  for  which  it  is 
proposed  to  Issue,  in  whole  or  in  part,  such  stocks,  cer- 
tificates of  stock,  bonds,  notes,  or  other  evidences  of 
indebtedness,  and  shall  make  such  inquiry  or  investi- 
gation, hold  such  hearings,  and  examine  such  witnesses, 
books,  papers,  documents,  or  contracts  as  it  may  deem 
of   importance  in  enabling  it  to  reach  a  determination. 

Issues  for  other  than  money — Commission's  certificate. 
6.  If  the  commission  shall  determine  that  the  proposed 
issue  complies  with  the  provisions  of  this  Act,  such  au- 
thority shall  thereupon  be  granted  and  it  shall  issue 
to  the  corporation  a  certificate  of  authority  stating: 
(a)  the  amount  of  such  stocks,  certificates  of  stock, 
bonds,  notes,  or  other  evidences  of  indebtedness  rea- 
sonably necessary  for  the  purposes  for  which  they  are 
to  be  issued,  and  the  character  of  the  same;  (b)  the  pur- 
poses for  which  they  are  to  be  issued;  (c)  the  terms 
upon  which  they  are  to  be  issued,  and  (d)  the  true 
value  of  the  property,  services,  or  other  consideration 
than  money  (which  shall  be'  described  in  detail),  as 
found  and  determined  by  the  commission,  for  which, 
in  whole  or  in  part,  such  issue  is  to  be  made. 

Application  of  proceeds.  7.  Such  corporation  shall  not 
apply  the  proceeds  of  the  sale  of  such  stock,  bonds, 
notes,  or  other  evidences  of  indebtedness  as  aforesaid  to 
any  purpose  not  specified  in  such  certificate,  nor  issue 
such  stock,  bonds,  notes,  or  other  evidences  of  indebted- 
ness on  any  terms  not  specified  in  such  certificate,  and  no 
property,  services  or  other  consideration  than  money  shall 
be  taken  in  payment  to  the  corporation  for  such  stock, 
certificates  of  stock,  bonds,  notes  or  other  evidences  of 
indebtedness,  except  at  the  true  value  of  such  property, 
services,  or  other  consideration  than  money,  as  found 
and  determined  by  the  commission  and  stated  in  said 
certificate. 

Ch.  593,  1911. 

Mortgage  of  bonds,  notes,  etc.  §  1753 — 10.  Nothing  In 
§  1753—9  contained  shall  be  construed  to  prohibit  the 
commispion  from  authorizing  in  such  certificate  the 
mortgage  or  pledge  by  any  public  service  corporation  of 
any  bond,  note,  or  other  evidence  of  indebtedness  issued 
by  such  corporation  as  security  for  or  as  part  security 
for   any   bond,    note,   or   other   evidence   of   indebtedness 


issued  by  or  loan  made  to  such  corporation  which  shall 
not  be  issued  or  made  in  violation  of  the  provisions  of 
this  Act,  provided  that  the  terms  of  said  loan  and  of 
such  notes,  bonds,  or  other  evidences  of  indebtedness 
shall  provide  that  none  of  said  pledged  bonds,  notes, 
or  other  evidences  of  indebtedness  shall,  upon  non-pay- 
ment of  the  notes,  bonds,  or  other  evidences  of  in- 
debtedness which  they  are  pledged  to  secure,  or  upon 
non-performance  of  any  of  the  conditions  thereof,  be 
sold,  or  become  the  property  of  the  holders  of  the  notes, 
bonds,  or  other  evidences  of  indebtedness  so  secured, 
either  directly  or  through  a  trustee  for  their  benefit, 
except  at  or  through  public  sale,  notice  whereof  shall 
be  published  once  a  week  for  not  less  than  three  suc- 
cessive weeks  prior  thereto,  in  at  least  one  newspaper 
of  general  circulation  printed  in  the  English  language 
and  published  in  the  place  where  such  sale  shall  take 
place,  and  except  at  a  sum  QOt  less  than  75  per  cent  of 
the  face  value  thereof,  plus  the  discount,  if  any,  paid 
or  incurred  by  the  corporation  upon  the  notes,  bonds, 
or  other  evidence  of  indebtedness  which  they  are  pledged 
to  secure. 

Ch.    593,    1911. 

Reorganization  required  on  forced  sale;  valuation  to  &e 
made  by  commission.  §  1753 — 11.  1.  Any  person  or  as- 
sociation of  persons,  which  shall  have,  or  may  here- 
after become  the  owner  or  assignee  of  the  rights, 
powers,  privileges  and  franchise  of  any  public  service 
corporation,  created  or  organized  by  or  under  any  law 
of  this  State,  by  purchase  under  a  mortgage  sale,  sale 
in  bankrupt  proceedings  or  sale  under  any  judgment, 
order,  decree  or  proceedings  of  any  court  in  this  State, 
including  the  courts  of  the  United  States  sitting  herein, 
must,  within  60  days  after  such  purchase  or  assign- 
ment, organize  anew  by  filing  articles  of  organization 
as  provided  by  law  respecting  corporations  for  similar 
purposes,  and  thereupon  shall  have  the  rights,  privi- 
leges and  franchises  which  such  corporation  had,  or 
was  entitled  to  have,  at  the  time  of  such  purchase  and 
sale,  and  such  as  are  provided  by  those  statutes  applica- 
ble thereto.  The  new  organization  may  issue  stock, 
certificates  of  stock  and  bonds  for  the  property  of  the 
former  corporation  thus  acquired,  in  an  amount  not 
to  exceed  the  true  value  of  such  property,  as  found 
and  determined  by  the  commission,  and  stated  in  the 
certificate  of  authority  issued  to  such  corporation,  in 
accordance  with  the  provisions  of  subsections  5  and 
6   of   §  1753—9    of   the   statutes. 

Consolidations — Commission's  valuation  first  required. 
2.  No  public  service  corporation  shall  purchase,  directly 
or  indirectly,  or  in  any  way  acquire  the  property  of 
any  other  public  service  corporation  or  of  any  person 
furnishing  service  to  the  public,  for  the  purpose  of 
effecting  a  consolidation,  except  that  the  property  of 
such  corporation  or  person  shall  first  be  valued  as 
provided  in  subsection  5  of  §  1753 — 9  of  the  statutes, 
and  then  only  at  a  sum  not  to  exceed  the  value  found 
and  determined  by  the  commission  and  stated  in  the 
certificate  of  authority  issued  to  such  corporation  for 
the  issuance  of  stocks,  certificates  of  stock,  bonds,  notes 
or  other  evidences  of  indebtedness. 

Ch.  593,  1911. 

Corporation  to  record  certificate.  §  1753 — 12.  No  pub- 
lic service  corporation  shall  issue  any  stocks,  certificates 
of  stock,  bonds,  notes  or  other  evidences  of  indebted- 
ness for  money,  property  or  services,  either  directly  or 
indirectly,  until  there  shall  have  been  recorded  upon 
the  books  of  such  corporation  the  certificate  of  the 
commission  herein   provided  for. 

Ch.  593,  1911. 

Disposition  of  proceeds — Commission  may  require  ac- 
count for.  §  1753 — 13.  The  commission  shall  have  the 
power  to  require  public  service  corporations  to  account 
for  the  disposition  of  the  proceeds  of  all  sales  of 
stocks,  certificates  of  stock,  bonds,  notes  and  other 
evidences  of  indebtedness,  issued  pursuant  to  this  Act, 
in  such  form  and  detail  as  it  may  deem  advisable,  and 
to  do  and  perform  any  and  all  acts  necessary  to  carry 
out   the   provisions   of  this  Act. 

Ch.  593,  1911. 

Bond,  stock  or  scrip  dividend  prohibited.  §  1753 — 14.  No 
public  service  corporation  shall  declare  any  stock,  bond 
or  scrip  dividend,  or  divide  the  proceeds  of  the  sale  of 


1472 


National  Association  of  Eailway  Commissioners 


any  stock,  bond  or  scrip  among  its  stockholders. 

Ch.  593,  1911. 

Appraisal  of  municipal  franchises.  §  1753 — 15.  In  de- 
termining the  value  of  the  property  of  a  public  service 
corporation  or  any  person  furnishing  service  to  the 
public  for  the  purposes  of  this  Act,  no  franchise  to  be  a 
corporation  and  no  franchise  or  privilege  granted  to 
such  corporation  by  the  State  or  a  municipality  shall 
be  appraised,  fixed  or  considered  at  any  greater  sum 
or  value  than  the  sum  paid  therefor  into  the  public 
treasury  of  the  State  or  the  municipality  granting  the 
same. 

Ch.  593,  1911. 

Appeal.  §  1753—16.  Any  such  public  service  corpora- 
tion, if  dissatisfied  with  any  valuation  made  by  the 
commission,  or  any  order  or  certificate  made  or  issued 
by  it,  may  commence  an  action  in  the  Circuit  Court  of 
Dane  County  against  the  commission,  as  defendant,  to 
vacate  and  set  aside  such  valuation,  order  or  certificate 
on  the  ground  that  the  same  is  unreasonable  or  un- 
lawful, in  which  action  the  complaint  shall  be  served 
with  the  summons.  §§  1797 — 16  and  1797 — 17  of  the 
statutes  shall  apply  to  all  the  rights  of  the  parties  to 
the  proceeding  in  such  action. 

Ch.  593,  1911. 

Corporation  and  agents — Penalty  for  unlawful  issues 
and  applications.  §  1753 — 17.  Any  public  service  corpora- 
tion as  herein  defined,  or  any  agent,  director  or  officer 
thereof,  who  shall,  directly  or  indirectly,  issue  or  cause 
to  be  issued,  any  stocks,  certificates  of  stock,  bonds, 
notes  or  other  evidences  of  indebtedness,  contrary  to 
the  provisions  of  this  Act,  or  who  shall  apply  the  pro- 
ceeds from  the  sale  thereof  to  any  purposes  other 
than  that  specified  in  the  certificate  of  the  commissioh, 
as  herein  provided,  shall  forfeit  and  pay  into  the  State 
treasury  not  less  than  $500  nor  more  than  $10,000  for 
each  offense. 

Ch.  593,  1911. 

Corporation  officers — Penalty  for  false  statements  and 
violations.  §  1753 — 18.  Each  and  every  director,  president, 
secretary  or  other  official  or  agent  of  any  such  public 
service  corporation,  who  shall  make  any  false  state- 
ment to  secure  the  issue  of  any  stock,  certificates  of 
stock,  bond,  note  or  other  evidence  of  indebtedness, 
or  who  shall  by  false  statement  knowingly  made,  pro- 
cure of  the  commission  the  making  of  the  certificate 
herein  provided,  or  issue  with  knowledge  of  such  fraud, 
negotiate,  or  cause  to  be  negotiated  any  such  bond 
or  other  issue,  in  violation  of  these  statutes,  shall  be 
guilty  of  a  felony,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  $500,  or  by 
imprisonment  in  the  State  prison  for  a  term  of  not 
less  than  one  nor  more  than  10  years,  or  by  both  such 
fine   and   imprisonment   in   the   discretion   of  the   court. 

Ch.  593,  1911. 

To  apply  to  all  stocks,  bonds,  etc.,  not  actually  issued  or 
delivered.  §  1753 — 19.  All  stocks,  certificates  of  stock, 
bonds,  notes  or  other  evidences  of  indebtedness  issued 
or  delivered  by  any  public  service  corporation,  after 
this  Act  takes  effect,  upon  the  authority  of  any  articles 
of  incorporation  or  amendments  thereto  or  vote  of  the 
stockholders  or  directors  filled,  taken  or  had  previous  to 
the  taking  effect  of  this  Act,  shall  be  void  unless  the 
certificate  provided  for  by  this  Act  shall  have  been 
obtained  from  the  commission  prior  to  such  issue  or 
delivery.  The  burden  of  proof  shall  be  upon  any  party 
claiming  any  exemption  under  this  Act. 

Ch.  593,  1911. 

Preferred  stock.  §  1753—20.  1.  Any  public  service 
corporation  may  provide  for  preferred  stock  in  its 
original  articles  of  organization,  or  by  amendment  there- 
to adopted  by  the  aflftrmative  vote  of  the  holders  of  not 
less  than  two-thirds  of  the  outstanding  stock,  and  may 
in  such  articles,  or  by  such  amendment  thereto  adopted 
by  the  afi[irmative  vote  of  the  holders  of  two-thirds 
of  the  outstanding  stock,  provide  for  the  increase  of  the 
amount  of  preferred  stock  theretofore  authorized  and 
provide  for  the  payment  of  dividends  on  all  preferred 
stock,  whenever  so  authorized,  out  of  the  profits  at  a 
specified  rate  not  to  exceed  8  per  centum  per  annum, 
before  dividends  are  paid  upon  the  common  stock;  for 
the  accumulation  of  such  dividends;  for  a  preference 
of  such  preferred  stock,  not,  however,  exceeding  the  par 


lh 


value  thereof  over  the  common  stock  in  the  distribu- 
tion of  the  corporate  assets  other  than  profits;  for 
the  redemption  of  such  preferred  stock  at  a  sum  not 
to  exceed  the  face  value  thereof,  and  any  accumulations 
and  unpaid  dividends,  if  said  stock  provides  for  the 
accumulation  of  dividends;  and  for  denying  or  restrict- 
ing the   voting  power  of   such   preferred   stock. 

Stock  not  to  bear  interest — Preferred  stock  privileges  to 
be  printed  on  certificates — Amendment  to  articles.  2. 
Neither  preferred  nor  common  stock  shall  bear  interest. 
Certificates  of  preferred  stock  and  common  stock  shall 
state  on  the  face  thereof  all  privileges  accorded  to_ 
and  all  restrictions  imposed  on  preferred  stock.  Mo* 
change  or  amendment  in  relation  to  such  preferred 
stock  shall  be  made,  except  by  way  of  amendment  to 
the  articles  of  organization,  adopted  by  the  affirmative 
vote  of  the  holders  of  two-thirds  of  all  outstanding 
stock,  both  preferred  and  common,  at  a  special  meeting 
called  therefor  in  accordance  with  the  provisions  of 
the  articles  of  incorporation  and  the  by-laws  of 
company. 

Ch.  593,  1911. 

Fee  to  be  paid  for  certificate.  §  1753 — 21.  Before  the 
issuance  of  the  certificate  in  this  Act  provided,  ai- 
thorizing  any  public  service  corporation  to  issue  bondi , 
notes  or  other  evidences  of  indebtedness,  for  purposes 
properly  chargeable  to  its  capital  account,  such  coi- 
poration  shall  pay  the  commission  a  fee  of  one  dolla* 
for  each  thousand  dollars  of  the  face  value  of  thi: 
bonds,  notes  or  other  evidences  of  indebtedness  to  bi' 
issued  by  virtue  of  such  authority,  provided  that  nc 
fee  shall  be  required  when  such  issue  is  made  for  tht 
purpose  of  guaranteeing,  taking  over,  refunding,  dis 
charging  or  retiring  any  bonds,  notes  or  other  evidence: 
of  indebtedness.  Such  fees  when  collected  shall 
paid  into   the   common   school   fund  income. 

Ch.  593,  1911. 

Application — Issues  heretofore  authorized  by  commis 
sion  exempt.  §  1753 — 22.  The  provisions  of  this  Act  shal 
not  apply  to  any  stock,  bonds  or  other  evidence  ol 
indebtedness  heretofore   authorized  by  the  commission^ 

Ch.  593,  1911. 

Conflicting  Acts  repealed.  §  3.  All  Acts  or  parts' 
Acts  conflicting  with  any  provision  of  this  Act,  excepting 
§  1826  and  subsection  10  of  §  1828,  and  §  1833,  are  repealed 
in  so  far  as  they  are  inconsistent  therewith.  ^t  I 

Ch.  593,  1911.  V  I 

Rights  of  public  utilities  to  construct.  §  1778.  1.  Any 
corporation  formed  under  this  chapter  to  build  and  operate 
telegraph  or  telephone  lines  or  systems  for  the  transmission 
of  heat,  power  or  electric  light  for  public  purposes,  or  to 
conduct  the  business  of  telegraphing,  telephoning  or  trans- 
mitting heat,  power  or  electric  light  for  public  purposes 
may,  subject  to  all  reasonable  requirements  and  regula- 
tions made  by  any  city  or  village  through,  across  or  ad- 
joining which  said  line,  lines  or  systems  may  be  proposed 
to  be  constructed,  construct  and  maintain  any  such  lines 
or  systems  with  all  necessary  appurtenances,  from  point 
to  point,  upon,  in,  along,  across  or  beneath  the  surface  of 
any  public  road,  highway  or  bridge  or  any  stream  or  body 
of  water,  or  upon  the  land  of  any  owner  consenting  thereto, 
and  from  time  to  time  to  extend  the  same  at  pleasure 
and  for  such  purposes  may  also  acquire  lands,  or  any  in- 
terests therein  in  the  manner  provided  in  this  Act;  and 
may  connect  and  operate  its  lines  or  system  with  the  lines 
or  systems  of  any  person  or  corporation  engaged  in  like 
business  within  or  without  this  State,  and  charge  reason- 
able rates  for  the  transmission  and  delivery  of  messages 
or  the  furnishing  of  heat,  power  or  electric  light  for  pu^ 
"lie  purposes. 

Not  to  obstruct  highway.  2.  But  no  such  telegrapB 
telephone  line,  or  heating,  power  or  electric  line  or  sys- 
tem or  any  appurtenance  thereto  shall  at  any  time  obstruct 
or  incommode  the  public  use  of  any  road,  highway,  bridge, 
stream  or  body  of  water. 

Abandonment  of  line.  3.  Whenever  the  use  of  any  such 
line  shall  be  abandoned  or  discontinued  the  proper  cor- 
poration shall  forthwith  take  down,  dig  up  and  remove  all 
wires,  posts,  pipes,  conduits  or  other  articles;  and  on  fail- 
ure for  three  months  after  such  abandonment  or  discon- 
tinuance so  to  do  any  person  owning  land  near,  over, 
through  or  upon   which  such  line  shall   pass,  may   take 


II 


:ii 


Public  Sehvice  Laws 


1473 


down,  dig  up  or  remove  the  same  or  any  part  thereof,  for 
his  own  use. 

Damages.  4.  Any  person,  association  or  corporation 
owning  or  operating  any  telegraph,  telephone  or  power 
transmission  line  or  heat  system  for  public  purposes,  doing 
business  in  this  State,  shall  be  liable  for  all  damages  oc- 
casioned by  the  failure  or  negligence  of  their  operators, 
servants  or  employes  in  receiving,  copying,  transmitting 
or  delivering  dispatches,  messages  or  the  furnishing  of 
power  to  its  patrons  for  public  purposes. 

Damages  for  mental  anguish.  5.  Any  person,  associa- 
tion or  corporation  operating  or  owning  any  telegraph  line, 
doing  business  in  the  State  of  Wisconsin,  shall  also  be 
liable  for  all  damages  for  mental  anguish  resulting  directly 
and  proximately  from  or  occasioned  by  the  failure  or  neg- 
ligence of  their  operators,  servants  or  employes  in  receiv- 
ing, copying,  transmitting  or  delivering  dispatches  or  mes- 
sages, not  to  exceed  in  amount  the  sum  of  $500. 

Injury  to  shade  trees,  etc.  6.  Nothing  contained  in  this 
Act  shall  authorize  or  empower  such  telegraph,  telephone, 
electric  light,  heat  or  power  transmission  company,  or  cor- 
poration, to  in  any  manner  destroy,  trim  or  otherwise  in- 
jure any  shade  or  ornamental  trees  along  any  such  lines 
or  systems  or  cause  any  damage  to  buildings,  fences,  crops, 
live  stock  or  other  property  except  by  the  consent  of  the 
owner,  and  any  person  or  corporation  violating  any  of  the 
provisions  of  this  section  shall  be  liable  to  the  person  ag- 
grieved in  three  times  the  actual  damage  sustained  besides 
costs. 

Franchise  to  he  obtained.  7.  No  corporation  to  build 
and  operate  electric  light  system  or  systems  for  the  trans- 
mission of  steam  or  hot  water  for  heat,  shall  have  any 
right  hereunder  in  any  city  or  village  until  It  has  obtained 
a  franchise  from  such  city  or  village,  as  now  provided  by 
law. 

Ch.  319,  1901;  ch.  165,  1907. 

Electric  lines  crossing  railroads — Condemnation.  §  1778a. 
1.  Condemnation  proceedings  may  be  Instituted  for  the 
taking  by  such  corporation  mentioned  In  §  1778  of  rights, 
easements,  interests  or  ownership  in  any  lands  or  over 
bridges  and  streams,  and  In  land  on  or  within  public  high- 
ways, roads,  streets  and  alleys,  over,  upon  or  beneath 
which  the  line  or  system  is  or  is  to  be  constructed  or  lo- 
cated, either  by  the  corporation  or  any  person  interested, 
in  the  land.  They  shall  be  commenced  by  petition  to  the 
Circuit  Court  or  a  Circuit  judge  of  the  county  in  which  the 
land  lies. 

Petition.  2.  The  petition  may  be  signed  and  verified 
in  the  same  manner  as  pleadings  In  the  Circuit  Court,  and 
shall  contain  the  following  In  substance:  The  land  suit- 
ably described,  highway,  road,  street  or  alley,  along,  under- 
neath or  over  which  the  line  or  system  Is  to  be  or  has  been 
constructed  by  running  wires  and  cables  upon  poles  over- 
head, or  by  wires,  cables  or  pipes  In  underground  conduits, 
tunnels,  or  ways,  or  otherwise;  the  terminus  of  the  line  or 
system  on  such  property,  if  any,  and  on  which  side  or  part 
of  the  lands  or  highway  the  line  or  system  is  or  will  be 
located;  If  made  by  the  corporation,  that  It  intends  In 
good  faith  to  use  such  real  estate,  and  it  is  required  for 
its  use;  it  made  by  another,  that  it  Is  used  or  Is  designed 
by  the  corporation  to  be  used,  for  telegraph,  telephone 
purposes  or  for  the  trapsmlsslon  of  power,  heat  or  electric 
light  for  public  purposes. 
Ch.  GG2,  1907. 

Electric  line  companies  —  Condemnation  —  Appraisal. 
§  1778d.  1.  The  commissioners  shall  take  an  oath  that 
they  will  support  the  constitution  of  the  United  States  and 
of  the  State  of  Wisconsin,  and  faithfully  discharge  their 
duty  as  commissioners  to  the  best  of  their  ability.  Upon 
request  of  the  corporation  or  any  person  interested  In  the 
property  described  in  the  petition,  and  not  otherwise,  they 
shall  proceed  with  the  performance  of  their  duties,  and 
may  adjourn  the  proceedings,  but  not  more  than  twice  nor 
more  than  60  days  in  all  as  to  any  one  case. 

Notice.  2.  They  shall  cause  notice  of  the  time  and 
place  of  their  meeting  to  consider  the  compensation  to 
which  the  owner  is  entitled  to  be  served  personally  on  the 
owner  or  other  person  interested,  or  his  agent,  attorney 
or  guardian  ad  litem,  or  by  leaving  the  same  at  his  resi- 
dence, with  a  person  of  suitable  age  and  discretion,  at  least 
10  days  before  such  meeting.  If  such  party  be  a  non-resi- 
dent, or  his  residence  Is  unknown,  and  has  no  agent  or 
attorney  in  the  State  known  to  the  commissioners,  the  no- 


tice shall  be  served  by  publication,  in  such  manner  as  the 
court  or  judge  shall  direct.  Proof  of  the  service  of  such 
notice,  and  the  appearance  of  the  parties,  shall  be  filed  in 
the  clerk's  office.  No  service  of  notice  of  any  subsequent 
meeting,  held  pursuant  to  adjournment,  shall  be  necessary. 
Appraisal.  3.  The  commissioner  or  commissioners  shall 
view  such  of  the  premises  described  in  the  petition  as  are 
described  in  such  written  request  and  hear  the  allega- 
tions of  the  parties  and  appraise,  ascertain  and  determine 
the  value  of  the  lands  and  rights  to  be  taken,  and  of  each 
separate  estate  therein,  and  the  damages  sustained  by  the 
owner  by  reason  of  the  taking  thereof,  and  fix  the  amount 
of  such  compensation  to  be  made  to  each  of  such  owners 
therefor;  and  in  fixing  the  amount  of  such  compensation 
said  commissioner  or  commissioners  shall  Include  all  dam- 
ages for  the  erection,  construction  and  maintenance  of  a 
telegraph,  telephone,  electric  light,  power  or  heat  trans- 
mission line  or  system  for  public  purposes  over  and  along 
or  beneath  such  lands,  public  highways,  roads,  streets  or 
alleys,  or  over  such  bridges  or  streams  or  overhead  or  un- 
derground, Including  such  additional  wires,  pipes  or  con- 
duits as  may  from  time  to  time  be  placed  on  said  line  or 
system  and  of  replacing  the  poles,  pipes,  conduits  or  tun- 
nels from  time  to  time,  as  may  be  necessary. 

Poles.  4.  The  commissioners  may,  in  case  of  dispute, 
determine  the  places  along  said  line  in  which  the  poles 
shall  be  set  or  pipes  or  conduits  laid. 

Same.  5.  In  no  case,  except  where  the  owner  consents 
thereto,  shall  poles  be  set  in  front  of  or  upon  any  resi- 
dence property,  or  in  front  of  a  building  occupied  for  busi- 
ness purposes,  unless  the  commission  shall  find  that  the 
same  is  necessary. 

Location.  6.  After  the  condemnation  proceedings  have 
been  completed  the  court  may  still  determine  as  to  the 
necessity  of  the  location,  and  as  to  whether  such  line  or 
any  pole  or  fixture  thereof  might  be  removed  to  some  other 
point  or  place. 

Report.  7.  A  majority  of  the  commissioners,  all  being 
present,  shall  be  competent  to  determine  all  matters  be- 
fore them.  The  commissioners  shall,  within  20  days  after 
the  last  viewing  any  of  the  property  so  taken,  make  and 
file  In  the  office  of  the  clerk  of  the  Circuit  Court  of  such 
county,  a  report  of  their  proceedings  concerning  such 
property,  making  separate  reports  in  relation  to  the  prop- 
erty of  each  district  owner  and  setting  forth  the  award 
made  to  each  owner  or  owners  thereof. 

Compensation.    8.    The  commissioners  shall  be  entitled 
to  such  compensation  as  the  court  may  direct,  which  shall 
be  paid  by  the  corporation  taking  any  of  the  above  enu- 
merated lands,  rights  and  easements. 
Ch.  662,  1907. 

Wires  over  railroad  tracks.  §  1778a — 1.  It  shall  be  un- 
lawful for  any  person,  firm  or  corporation  to  string 
any  wire,  electric  or  other,  over  the  tracks  of  any  steam 
railroad  company  except  in  accordance  with  the  pro- 
visions of  this  section.  All  such  wires  shall  be  sus- 
pended over  a  double  cross  arm  attached  to  a  pole  at 
each  side  of  the  crossing.  The  poles  shall  not  be  less 
than  six  Inches  in  diameter  at  the  top,  set  not  less  than 
five  feet  In  the  ground,  securely  guyed,  .and,  unless  the 
railroad  right  of  way  Is  not  of  greater  width,  shall  be 
set  not  more  than  100  feet  apart  at  such  crossings.  All 
such  wires  shall  be  tied  to  insulators  on  pins  set  in 
the  cross  arms.  The  cross  arms  shall  be  attached  to  tha 
poles  by  machine  bolts  and  braced  by  at  least  one  iron 
brace  from  each  cross  arm  to  the  pole.  All  such  wires 
shall  be  maintained  not  less  than  25  feet  above  the 
surface  of  the  rails  at  such  crossing  except  the  street 
railway  trolley  wires  shall  be  maintained  not  less  than 
22  feet  above  the  surface  of  the  rails  at  such  crossings. 
Ch.  291,  1907. 

Enforcement — Penalties.  §  1778 — 2.  The  railroad  com- 
mission of  Wisconsin  is  hereby  vested  with  authority 
to  enforce  the  provisions  of  this  Act,  and  any  person, 
firm  or  corporation  ordered  by  the  commission  to 
change  Its  wires  so  as  to  comply  with  this  Act  falling 
to  comply  with  such  order  within  10  days  from  the 
service  thereof  shall  be  liable  for  a  penalty  or  a  for- 
feiture of  $25,  and  to  a  like  penalty  or  forfeiture  for 
every  10  days  during  which  it  shall  fail  to  comply  with 
the  order  of  the  commission,  unless  a  greater  length 
of  time  to  make  such  change  shall  be  specified  by  the 
commission  In  said  order,  or  upon  cause  shown.  Any- 
such    penalty    or    forfeiture    may    be    recovered    In    the 


1474 


National  Association  of  Railway  Commissioners 


manner  provided   by  chapter  142   of  the  statutes  for  the 
collection  of  forfeitures. 
Ch.  291,  1907. 

PUBLIC  UTILITIES  LAW. 
§§  1797m— 1  to  1797m— 109. 
Public  utilities  law — Definition — Public  utility.  §  1797m 
— 1.  1.  The  term  "public  utility"  as  used  in  this  Act 
shall  mean  and  embrace  every  corporation,  company,  indi- 
vidual, association  of  Individuals,  their  lessees,  trustees  or 
receivers  appointed  by  any  court  whatsoever,  and  every 
town,  village  or  city  that  now  or  hereafter  may  own,  oper- 
ate, manage  or  control  any  plant  or  equipment  or  any  part 
of  a  plant  or  equipment  within  the  State,  for  the  convey- 
ance of  telephone  messages  or  for  the  production,  trans- 
mission, delivery  or  furnishing  of  heat,  light,  water  or 
power,  either  directly  or  indirectly,  to  or  for  the  public,  or 
that  now  or  hereafter  may  own,  operate,  manage  or  control 
any  toll  bridge  wholly  within  the  State. 
Ch.   499,   1907;    ch.   48,   1911. 

Municipal  council.  2.  The  term  "municipal  council" 
as  used  in  this  Act  shall  mean  and  embrace  the  com- 
mon council,  the  board  of  aldermen,  the  board  of  trus- 
tees, the  town  or  'village  board,  or  any  other  governing 
body  of  any  town,  village  or  city  wherein  the  property 
of  the  public  utility  or  any  part  thereof  is  located. 

Municipality.  3.  The  term  "municipality"  as  used  in 
this  Act  shall  mean  any  town,  village  or  city  wherein 
property  of  a  public  utility  or  any  part  thereof  is 
located. 

Service.  4.  The  term  "service"  is  used  in  this  Act  in 
Its  broadest  and  most  Inclusive  sense. 

Indeterminate  permit.  5.  The  term  "indeterminate  per- 
mit" as  used  in  this  Act  shall  mean  and  embrace  every 
grant,  directly  or  indirectly  from  the  State,  to  any 
corporation,  company,  individual,  association  of  individ- 
uals, their  lessees,  trustees  or  receivers  appointed  by 
any  court  whatsoever,  of  power,  right  or  privilege  to 
own,  operate,  manage  or  control  any  plant  or  equipment 
or  any  part  of  the  plant  or  equipment  within  this  State 
for  the  production,  transmission,  delivery  or  furnishing 
of  heat,  light,  water  or  power,  either  directly  or  indi- 
rectly, to  or  for  the  public,  which  shall  continue  in  force 
until  such  time  as  the  municipality  shall  exercise  its 
option  to  purchase  as  provided  in  this  Act  or  until  it 
shall  be  otherwise  terminated  according  to  law. 

Commission.  6.  The  term  "commission"  as  used  In 
this  Act  shall  mean  the  railroad  commission  of  Wis- 
consin. 

Ch.  499,  1907. 

Railroad  commission's  powers.  §  1797m — 2.  The  rail- 
road commission  of  Wisconsin  is  vested  with  power  and 
jurisdiction  to  supervise  and  regulate  every  public  utility 
In  this  State  and  to  do  all  things  necessary  and  con- 
venient in  the  exercise  of  such  power  and  jurisdiction. 
Ch.   499,   1907. 

Utility  charges  to  be  reasonable  and  just.  §  1797m — 3. 
Every  public  utility  is  required  to  furnish  reasonably 
adequate  service  and  facilities.  The  charge  made  by  any 
public  utility  for  any  heat,  light,  water  or  power  produced, 
transmitted,  delivered  or  furnished,  or  for  telephone  mes- 
sage conveyed  or  for  any  service  rendered  or  to  be  ren- 
dered in  connection  therewith,  shall  be  reasonable  and 
just,  and  every  unjust  or  unreasonable  charge  for  such 
service  is  prohibited  and  declared  unlawful. 
Ch.    499,    1907. 

Facilities  to  be  granted  other  utilities — Physical  connec- 
tion between  telephone  lines — Petition  to  commission. 
§  1797m — 4.  1.  Every  public  utility,  and  every  person, 
association  or  corporation  having  conduits,  subways,  poles 
or  other  equipment  on,  over  or  under  any  street  or  high- 
way, shall  for  a  reasonable  compensation,  permit  the  use  of 
the  same  by  any  public  utility,  whenever  public  conven- 
ience and  necessity  require  such  use,  and  such  use  will  not 
result  in  irreparable  injury  to  the  owner  or  other  users  of 
such  equipment,  nor  in  any  substantial  detriment  to  the 
service  to  be  rendered  by  such  owners  or  other  users,  and 
every  utility  for  the  conveyance  of  telephone  messages  shall 
permit  a  physical  connection  or  connections  to  be  made, 
and  telephone  service  to  be  furnished,  between  any  tele- 
phone system  operated  by  it,  and  the  telephone  toll  line 
operated  by  another  such  public  utility,  or  between  its  toll 
line  and  the  telephone  system  of  another  such  public  util- 


ity, or  between  its  toll  line  and  the  toll  line  of  another  such 
public  utility,  or  between  its  telephone  system  and  the  tele- 
phone system  of  another  such  public  utility,  whenever  pub- 
lic convenience  and  necessity  require  such  physical  con- 
nection or  connections,  and  such  physical  connection  or 
connections  will  not  result  in  irreparable  injury  to  the 
owners  or  other  users  of  the  facilities  of  such  public  utili- 
ties, nor  in  any  substantial  detriment  to  the  service  to  be 
rendered  by  such  public  utilities.  The  term  "physical  con- 
nection," as  used  in  this  section,  shall  mean  such  number 
of  trunk  lines  or  complete  wire  circuits  and  connections  as 
may  be  required  to  furnish  reasonably  adequate  telephone 
service  between  such  public  utilities. 

2.  In  case  of  failure  to  agree  upon  such  use  or  the  con- 
ditions or  compensation  for  such  use,  or  in  case  of  failure 
to  agree  upon  such  physical  connection  or  connections,  or 
the  terms  and  conditions  upon  ichich  the  same  shall  be 
made,  any  public  utility  or  any  person,  association  or  cor- 
poration interested  may  apply  to  the  commission,  and  If 
after  investigation  the  commission  shall  ascertain  that 
public  convenience  and  necessity  require  such  use  or  su^h 
physical  connection  or  connections,  and  that  .  .  .  suih 
use  or  such  physical  connection  or  connections  would  not 
result  in  irreparable  injury  to  the  owner  or  other  users  of 
such  equipment  or  of  the  facilities  of  such  public  utilitit  s, 
nor  in  any  substantial  detriment  to  the  service  to  be  ren- 
dered by  such  owner  or  such  public  utilities  or  other  use's 
of  such  equipment  or  facilities,  it  shall  by  order  direct 
that  such  use  be  permitted  and  prescribe  reasonable  coi- 
dltlons  and  compensation  for  such  joint  use,  and  that  sut  h 
physical  connection  or  connections  be  m,ade,  and  determii  e 
how  and  within  what  time  such  connection  or  connectioi  s 
shall  be  made,  and  by  whom  the  expense  of  making  ar,  d 
maintaining  such  connection  or  connections  shall  be  pai  I. 

3.  Such  use  so  ordered  shall  be  permitted  and  such 
physical  connection  or  connections  so  ordered  shall  I  e 
made,  and  such  conditions  and  compensation  so  prescribti 
for  such  use  and  such  terms  and  conditions,  upon  whic  h 
such  physical  connection  or  connections  shall  be  made,  1 1 
determined,  shall  be  the  lawful  conditions  and  compens:.- 
tion  for  such  use,  and  the  lawful  terms  and  conditior,  ? 
upon  which  such  physical  connection  or  connections  sha  1 
be  made,  to  be  observed,  followed  and  paid,  subject  t  > 
recourse  to  the  courts  upon  the  complaint  of  any  inte  • 
ested  party,  as  provided  in  §  §  1797m — 64  to  1797m — 7:  , 
inclusive,  and  such  section  so  far  as  applicable  sha  l 
apply  to  any  action  arising  on  such  complaint  so  mad(  . 
Any  such  order  of  the  commission  may  be  from  time  1 1 
time  revised  by  the  commission  upon  application  of  an  ' 
interested   party  or  upon   its   own   motion. 

Ch.  499,   1907;    ch.  546,  1911. 

Utility  property— Valuation.     §  1797m — 5.     The  coma 
sion   shall  value  all   the  property   of  every  public   utilit 
actually    used    and    useful    for    the    convenience    of    th ! 
public.     In   making   such   valuation   the   commission   ma;- 
avail    itself    of    any    information    in    possession    of    tt) 
State  board  of  assessment. 

Ch.  499,   1907. 

Valuation — Commission's  hearing  and  report.  §  797 
— 6.  1.  Before  final  determination  of  such  value  the  con:- 
mission  shall,  after  notice  to  the  public  utility,  hold  ;>. 
public  hearing  as  to  such  valuation  in  the  manner  pre- 
scribed for  hearing  in  §  §  1797m— 45  to  1797m— 55,  inclu- 
sive, and  the  provisions  of  such  sections  so  far  as  appli- 
cable shall  apply  to  such  hearing. 

2.  The  commission  shall  within  five  days  after  sucK 
valuation  is  determined  serve  a  statement  thereof  upon 
the  public  utility  interested,  and  shall  file  a  like  state 
ment  with  the  clerk  of  every  municipality  in  which  an;' 
part  of  the  plant  or  equipment  of  such  public  utilitj 
located. 

Ch.  499,  1907. 

Revaluation.  §  1797m — 7.  The  commission  may  at  any 
time  on  its  own  initiative  make  a  revaluation  of  such 
property. 

Ch.  499,   1907. 

Uniform  accounting  by  utilities — Other  business  sepa- 
rate. §  1797m — 8.  1.  Every  public  utility  shall  keep  and 
render  to  the  commission  in  the  manner  and  form 
prescribed  by  the  commission  uniform  accounts  of  all 
business    transacted. 

2.  Every  public  utility  engaged,  directly  or  in- 
directly, in  any  other  business  than  that  of  the  produc- 


inl* 


in-) 
797E1 


Public  Seuvice  Laws 


1473 


tion,  transmission  or  furnishing  of  lieat,  liglit,  water  or 
power  or  the  conveyance  of  telephone  messages,  shall, 
If  required  by  the  commission,  Iteep  and  render  sep- 
arately to  the  commission  in  like  manner  and  form  the 
accounts  of  all  such  other  business,  in  which  case  all 
the  provisions  of  this  Act  shall  apply  with  like  force 
and  effect  to  the  books,  accounts,  papers  and  records 
of  such  other  business. 

Ch.  499,   1907. 

Forms  of  bookkeeping — Prescription.  §  1797m — 9.  The 
commission  shall  prescrilie  the  forms  of  all  books, 
accounts,  papers  and  records  required  to  be  kept,  and 
every  public  utility  is  required  to  keep  and  render  its 
books,  accounts,  papers  and  records  accurately  and 
faithfully  in  the  manner  and  form  prescribed  by  the 
commission  and  to  comply  with  all  directions  of  the 
commission  relating  to  such  books,  accounts,  papers  and 
records. 

Ch.  499,  1907. 

Blanks.  §  1797m — 10.  The  commission  shall  cause  to 
be  prepared  suitable  blanks  for  carrying  out  the  purposes 
of  this  Act,  and  shall,  when  necessary,  furnish  such 
blanks  to   each  public   utility. 

Ch.  499,   1907. 

No  other  books.  §  1797m — 11.  No  public  utility  shall 
keep  any  other  books,  accounts,  papers  or  records  of 
the  business  transacted  than  those  prescribed  or  ap- 
proved by  the  commission. 

Ch.  499,   1907. 

Offlce  —  Records  —  Removal  from  State.  §  1797m  — 12. 
Each  public  utility  shall  have  an  offlce  in  one  of  the 
towns,  villages  or  cities  in  this  State  in  which  its 
property  or  some  part  thereof  is  located,  and  shall 
keep  in  said  office  all  such  books,  accounts,  papers  and 
records  as  shall  be  required  by  the  commission  to  be 
kept  within  the  State.  No  books,  accounts,  papers  or 
records  required  by  the  commission  to  be  kept  within 
the  State  shall  be  at  any  time  removed  from  the  State, 
except  upon  such  conditions  as  may  be  prescribed  by 
the   commission. 

Ch.  499,   1907. 

Annual  balance  sheet — Filing.  §  1797m — 13.  The  account 
shall  be  closed  annually  on  June  30  and  a  balance 
sheet  of  that  date  promptly  taken  therefrom.  On  or 
before  August  1  following,  such  balance  sheet,  together 
with  such  other  information  as  the  commission  shall 
prescribe,  verified  by  an  officer  of  the  public  utility, 
shall   be    filed   with   the   commission. 

Ch.  499,   1907. 

Audit  and  inspection.  §  1797m — 14.  1.  The  commission 
shall  provide  for  the  examination  and  audit  of  all  ac- 
counts, and  all  items  shall  be  allocated  to  the  accounts 
in   the    manner   prescribed    by    the    commission. 

2.  The  agents,  accountants  or  examiners  employed 
by  the  commission  shall  have  authority  under  the  di- 
rection of  the  commission  to  inspect  and  examine  any 
and  all  books,  accounts,  papers,  records  and  memoranda 
kept  by  such  public  utilities. 

Ch.  499,  1907. 

Depreciation  accounts — Rates — Funds — Rules.  §  1797m 
— 15.  1.  Every  public  utility  shall  carry  a  proper  and 
adequate  depreciation  account  whenever  the  commission, 
after  investigation,  shall  determine  that  such  deprecia- 
tion account  can  be  reasonably  required.  The  com- 
mission shall  ascertain  and  determine  what  are  the 
proper  and  adequate  rates  of  depreciation  of  the  several 
classes  of  property  of  each  public  utility.  The  rates 
shall  be  such  as  will  provide  the  amounts  required  over 
and  above  the  expense  of  maintenance,  to  keep  such 
property  in  a  state  of  efficiency  corresponding  to  the 
progress  of  the  industry.  Each  public  utility  shall 
conform  its  depreciation  accounts  to  such  rates  so 
ascertained  and  determined  by  the  commission.  The 
commission  may  make  changes  in  such  rates  of  de- 
preciation from  time  to  time  as  it  may  find  to  be 
necessary. 

2.  The  commission  shall  also  prescribe  rules,  regu- 
lations and  forms  of  accounts  regarding  such  deprecia- 
tion which  the  public  utility  is  required  to  carry  into 
effect. 

3.  The  commission  shall  provide  for  such  deprecia- 
tion in  fixing  the  rates,  tolls  and  charges  to  be  paid  by 
the  public. 


4.  All  moneys  thus  provided  for  shall  be  set  aside 
out  of  the  earnings  and  carried  in  a  depreciation  fund. 
The  moneys  in  this  fund  may  be  expended  in  new 
constructions,  extensions  or  additions  to  the  property 
of  such  public  utility,  or  invested,  and  it  invested  the 
income  from  the  investments  shall  also  be  carried  in 
the  depreciation  fund.  This  fund  and  the  proceeds 
thereof  shall  be  used  for  no  other  purpose  than  as 
provided   in    this   section    and    for   depreciation. 

Ch.  499,  1907. 

New  constructions — Accounting.  §  1797m — 16.  The  com- 
mission shall  keep  itself  informed  of  all  new  construc- 
tion, extension  and  additions  to  the  property  of  such 
public  utilities  and  shall  prescribe  the  necessary  forms, 
regulations  and  instructions  to  the  officers  and  em- 
ployes of  such  public  utilities  for  the  keeping  of  con- 
struction accounts,  which  shall  clearly  distinguish  all 
operating  expenses   and   new   construction. 

Ch.  499,  1907. 

Profit-sharing  and  sliding  scales — Commission's  ap- 
prival.  §  1797m — 17.  1.  Nothing  in  this  Act  shall  be  taken 
to  prohibit  a  public  utility  from  entering  into  any  reason- 
able arrangement  with  its  customers  or  consumers  or 
with  its  employes,  for  the  division  or  distribution  of  its 
surplus  profits,  or  providing  for  a  sliding  scale  of  charges, 
or  other  financial  device  that  may  be  practicable  and 
advantageous  to  the  parties  interested.  No  such  ar- 
rangement or  device  shall  be  lawful  until  it  shall  be 
found  by  the  commission,  after  investigation,  to  be 
reasonable  and  just  and  not  inconsistent  with  the 
purposes  of  this  Act.  Such  arrangement  shall  be  under 
the   supervision   and   regulation  of  the   commission. 

2.  The  commission  shall  ascertain,  determine  and 
order  such  rates,  charges  and  regulations  as  may  be 
necessary  to  give  effect  to  such  arrangement,  but  the 
right  and  power  to  make  such  other  and  further  changes 
in  rates,  charges  and  regulations  as  the  commission  may 
ascertain  and  determine  to  be  necessary  and  reasonable 
and  the  right  to  revoke  its  approval  and  amend  or 
rescind  all  orders  relative  thereto  is  reserved  and 
vested  in  the  commission  notwithstanding  any  such 
arrangement  and    mutual   agreement. 

Ch.  499,   1907. 

Report  by  utilities — Items.  §  1797m — 18.  Each  public 
utility  shall  furnish  to  the  commission  in  such  form  and 
at  such  times  as  the  commission  shall  require,  such 
accounts,  reports  and  information  as  shall  show  in 
itemized  detail:  (1)  the  depreciation  per  unit,  (2)  the 
salaries  and  wages  separately  per  unit,  (3)  legal  ex- 
penses per  unit,  (4)  taxes  and  rentals  separately  per 
unit,  (5)  the  quantity  and  value  of  material  used  per 
unit,  (6)  the  receipts  from  residuals,  by-products,  serv- 
ices or  other  sales  separately  per  unit,  (7)  the  total 
and  net  cost  per  unit,  (8)  the  gross  and  net  profit  per 
unit,  (9)  the  dividends  and  interest  per  unit,  (10) 
surplus  or  reserve  per  unit,  (11)  the  prices  per  unit 
paid  by  consumers;  and  in  addition  such  other  items, 
whether  of  a  nature  similar  to  those  hereinbefore 
enumerated  or  otherwise,  as  the  commission  may  pre- 
scribe in  order  to  show  completely  and  in  detail  the 
entire  operation  of  the  public  utility  in  furnishing  the 
unit  of  its  product  or  service  to  the  public. 

Ch.  499,  1907. 

Commission's  reports,  annual  and  other — Values  shown. 
§  1797m — 19.  1.  The  commission  shall  publish  annual  re- 
ports showing  its  proceedings  and  showing  in  tabulaj! 
form  the  details  per  unit  as  provided  in  §  1797m — 18 
for  all  the  public  utilities  of  each  kind  in  the  State, 
and  such  monthly  or  occasional  report,  as  it  may  deem 
advisable. 

2.  The  commission  shall  also  publish  in  its  annual 
reports  the  value  of  all  the  property  actually  used  and 
useful  for  the  convenience  of  the  public  and  the  value 
of  the  physical  property  actually  used  and  useful  for 
the  convenience  of  the  public,  of  every  public  utility  as 
to  whose  rates,  charges,  service  or  regulations  and 
hearing  has  been  held  by  the  commission  under  §§  1797m 
— 45  and  1797m— 40  or  the  value  of  whose  property  has 
been   ascertained   by  it  under  §  1797m — 5. 

Ch.  499,  1907. 

Commission's  records  public.  §  1797m — 20.  All  facts 
and  information  in  the  possession  of  the  commission 
shall    be    public    and    all    reports,    records,    files,    books, 


1476 


National  Association  of  Railway  Commissioners 


accounts,  papers  and  memoranda  of  every  nature  what- 
soever in  their  possession  shall  be  open  to  inspection 
by  the  public  at  all  reasonable  times  except  as  pro- 
vided  in   §  1797m— 21. 

Ch.   499,    1907. 

Temporary  secrecy.  §  1797m — 21.  1.  Whenever  the 
commission  shall  determine  it  to  be  necessary  in  the  inter- 
est of  the  public  to  withhold  from  the  public  any  facts  or 
information  in  its  possession,  such  facts  may  be  withheld 
for  such  period  after  the  acquisition  thereof  not  exceeding 
90  days  as  the  commission  may  determine. 

2.  No  facts  or  information  shall  be  withheld  by  the 
commission  from  the  public  for  a  longer  period  than  90 
days  nor  be  so  withheld  for  any  reason  whatsoever  other 
than  in  the  interest  of  the  public. 

Ch.  499,  1907. 

Units  of  product  or  service.  §  1797m — 22.  The  commis- 
sion shall  ascertain  and  prescribe  for  each  l?ind  of  public 
utility  suitable  and  convenient  standard  commercial  units 
of  product  or  service.  These  shall  be  lawful  units  for  the 
purposes  of  this  Act. 

Ch.  499,  1907. 

Standard  measurements — Accurate  appliances.  §  1797m 
— 23.  1.  The  commission  shall  ascertain  and  fix  adequate 
and  serviceable  standards  for  the  measurement  of  quality, 
pressure,  initial  voltage  or  other  condition  pertaining  to 
the  supply  of  the  product  or  service  rendered  by  any  pub- 
lic utility  and  prescribe  reasonable  regulations  for  exam- 
ination and  testing  of  such  product  or  service  and  for  the 
measurement  thereof. 

2.  It  shall  establish  reasonable  rules,  regulations,  speci- 
fications and  standards  to  secure  the  accuracy  of  all  me- 
ters and  appliances  for  measurements,  and  every  public 
utility  is  required  to  carry  into  effect  all  orders  issued  by 
the  commission  relative  thereto. 

3.  Nothing  contained  in  this  section  shall  limit  In  any 
manner  any  powers  or  authority  vested  in  municipal  cor- 
porations as  provided  in  §  1797m — 87. 

Ch.  499,  1907. 

Measuring  instruments  —  Testing  —  Fees.  §  1797m — 24. 
1.  The  commission  shall  provide  for  the  examination  and 
testing  of  any  and  all  appliances  used  for  the  measuring 
of  any  product  or  service  of  a  public  utility. 

2.  Any  consumer  or  user  may  have  any  such  appli- 
ance tested  upon  payment  of  the  fees  fixed  by  the  com- 
mission. 

3.  The  commission  shall  declare  and  establish  reason- 
able fees  to  be  paid  for  testing  such  appliances  on  the  re- 
quest of  the  consumers  or  users,  the  fee  to  be  paid  by  the 
consumer  or  user  at  the  time  of  his  request,  but  to  be  paid 
by  the  public  utility  and  repaid  to  the  consumer  or  user 
if  the  appliance  be  found  defective  or  incorrect  to  the 
disadvantage  of  the  consumer  or  user. 

Ch.  499,  1907. 

Public  equipment  for  tests.  §  1797m — 25.  The  commis- 
sion may  purchase  such  materials,  apparatus  and  standard 
measuring  instruments  for  such  examinations  and  tests 
as  it  may  deem  necessary. 

Ch.  499,  1907. 

Entry  upon  premises.  §  1797m — 26.  The  commission, 
its  agents,  experts  or  examiners,  shall  have  power  to  en- 
ter upon  any  premises  occupied  by  any  public  utility  for 
the  purpose  of  making  the  examinations  and  tests  pro- 
vided in  this  Act  and  to  set  up  and  use  on  such  premises 
any  apparatus  and  appliances  and  occupy  reasonable  space 
therefor. 

Ch.  499,  1907. 

Rate  schedules — Publicity.  §  1797m — 27.  Every  public 
utility  shall  file  with  the  commission  within  the  time  to 
be  fixed  by  the  commission,  schedules  which  shall  be  open 
to  public  inspection,  showing  all  rates,  tolls  and  charges 
which  it  has  established  and  which  are  In  force  at  the 
time  for  any  service  performed  by  it  within  the  State,  or 
for  any  service  in  connection  therewith  or  performed  by 
any  public  utility  controlled  or  operated  by  it.  The  rates, 
tolls  and  charges  shown  on  such  schedules  shall  not  exceed 
the  rates,  tolls  and  charges  In- force  April  1,  1907. 

Ch.  499,  1907. 

Rules  and  regulations — Publicity.  §  1797m — 28.  Every 
public  utility  shall  file  with  and  as  a  part  of  such  schedule 
all  rules  and  regulations  that  in  any  manner  affect  the 
rates  charged  or  to  be  charged  for  any  service. 

Ch.  499,  1907. 


°I1 


Files  accessible  to  public.  §  1797m — 29.  A  copy  ol  so 
much  of  said  schedules  as  the  commission  shall  deem  nec- 
essary for  the  use  of  the  public  shall  be  printed  in  plain 
type,  and  kept  on  file  in  every  station  or  ofllce  of  such 
public  utility  where  payments  are  made  by  the  consumers 
or  users,  open  to  the  public,  in  such  form  and  place  as  to 
be  readily  accessible  to  the  public  and  as  can  be  con- 
veniently inspected. 

Ch.  499,  1907. 

Joint  rates — Publicity.  §  1797m — 30.  1.  Where  a  sched- 
ule of  joint  rates  or  charges  is  or  may  be  in  force  between 
two  or  more  public  utilities,  such  schedule  shall  in  like 
manner  be  printed  and  filed  with  the  commission,  and  so 
much  thereof  as  the  commission  shall  deem  necessary  for 
the  use  of  the  public,  shall  be  filed  in  every  such  station 
or  oflSce  as  provided  in  §  1797m — 29. 

2.  Whenever  two  or  more  public  utilities  for  the  con- 
veyance of  telephone  messages  are  engaged  in  furnishing 
joint  telephone  service  to  the  public,  or  shall  be  required  to 
furnish  such  service  as  provided  in  §  i797m — i,  and  shall 
refuse  or  neglect  to  establish  joint  toll  or  tolls,  the  commis- 
sion may,  after  notice  and  a  public  hearing,  as  provided  in 
§§  1797m — J/ff  and  1797m — ^5,  fix  and  establish,  by  order,  sue  h 
joint  toll  or  tolls,  and  if  the  public  utilities  party  thereto 
shall  fail  to  agree  upon  the  apportionment  thereof  within 
20  days  after  the  service  of  such  order,  the  commission 
may,  upon  a  like  hearing,  issue  a  supplemental  order  decla  '- 
ing  the  apportionment  of  such  joint  toll  or  tolls,  and  the 
same  shall  take  effect  of  its  own  force  as  part  of  the  oi^ 
inal  order. 

Ch.  499,  1907;  ch.  546,  1911. 

Changes  of  rates — Ten  days'  notice.  §  1797m — 31.  N  j 
change  shall  thereafter  be  made  in  any  schedule,  includin  ; 
schedules  of  joint  rates,  except  upon  10  days'  notice  to  th  ; 
commission,  and  all  such  changes  shall  be  plainly  indi- 
cated upon  existing  schedules,  or  by  filing  new  schedule ; 
in  lieu  thereof  10  days  prior  to  the  time  the  same  are  t) 
take  effect;  provided,  that  the  commission,  upon  applica 
tion  of  any  public  utility,  may  prescribe  a  less  time  withii 
which  a  reduction  may  be  made.  ^  a 

Ch.  499,  1907.  Mt 

Revised  schedules — Publicity.  §  1797m — 32.  Copiea^'^ 
all  new  schedules  shall  be  filed  as  hereinbefore  providet 
in  every  station  and  office  of  such  public  utility  where  pay 
ments  are  made  by  consumers  or  users  10  days  prior  tc 
the  time  the  same  are  to  take  effect,  unless  the  commifi 
sion  shall  prescribe  a  less  time. 

Ch.  499,  1907. 

Unlawful  rates.  §  1797m — 33.  It  shall  be  unlawful  Im  ' 
any  public  utility  to  charge,  demand,  collect  or  receive  £ 
greater  or  less  compensation  for  any  service  performed  bj 
it  within  the  State  or  for  any  service  in  connection  there 
with  than  is  specified  in  such  printed  schedules,  including 
schedules  of  joint  rates,  as  may  at  the  time  be  in  force,  oi 
to  demand,  collect  or  receive  any  rate,  toll  or  charge  not 
specified  in  such  schedule.  The  rates,  tolls  and  charges 
named  therein  shall  be  the  lawful  rates,  tolls  and  charges 
until  the  same  are  changed  as  provided  In  this  Act. 

Ch.  499,  1907.  _ 

Schedules — Forms  prescribed.     §  1797m — 34.     The  com- " 
mission  may  prescribe  such  changes  in  the  form  in  which 
the  schedules  are  issued  by  any  public  utility  as  may^|B 
found  to  be  expedient.  ^|| 

Ch.  499,  1907.  ^  ' 

Classification  of  utility  service.  §  1797m — 35.  The  com- 
mission shall  provide  for  a  comprehensive  classification 
of  service  for  each  public  utility  and  such  classification  may 
take  into  account  the  quantity  used,  the  time  when  used, 
the  purpose  for  which  "used,  and  any  other  reasonable 
consideration.  Each  public  utility  is  required  to  conform 
its  schedules  of  rates,  tolls  and  charges  to  such  claBiHI 
cation.  ^Hl 

Ch.  499,  1907. 

Commission's  rules  of  procedure.  §  1797m — 36.  The 
commission  shall  have  power  to  adopt  reasonable  and 
proper  rules  and  regulations  relative  to  all  inspections, 
tests,  audits  and  investigations  and  to  adopt  and  publish 
reasonable  and  proper  rules  to  govern  its  proceedings  and 
to  regulate  the  mode  and  manner  of  all  investigations  and 
hearings  of  public  utilities  and  other  parties  before  it. 
All  hearings  shall  be  open  to  the  public. 

Ch.  499,  1907. 

Business   management  —  Inquiries.     §  1797m — 37.     The 


amu 


irgee 

li 


Public  Service  Laws 


1477 


commission  shall  have  authority  to  inquire  into  the  man- 
agement of  the  business  of  all  public  utilities  and  shall 
keep  itself  informed  as  to  the  manner  and  method  in  which 
the  same  is  conducted,  and  shall  have  the  right  to  obtain 
from  any  public  utility  all  necessary  information  to  enable 
the  commission  to  perform  its  duties. 

Ch.  499,  1907. 

Books  subject  to  inspection.  §  1797m — 38.  1.  The  commis- 
sion or  any  commissioner  or  any  person  or  persons  em- 
ployed by  the  commission  for  that  purpose  shall,  upon 
demand,  have  the  right  to  inspect  the  books,  accounts, 
papers,  records  and  memoranda  of  any  public  utility 
and  to  examine,  under  oath,  any  officer,  agent  or  em- 
ploye of  such  public  utility  in  relation  to  its  business 
and  affairs. 

2.  Any  person  other  than  one  of  said  commissioners 
who  shall  make  such  demand  shall  produce  his  authority 
to   make   such   Inspection. 

Ch.    499,    1907. 

Production  of  records  and  papers — Judicial  process. 
i  1797m — 39.  1.  The  commission  may  require,  by  order 
or  subpoena  to  be  served  on  any  public  utility  in  the 
same  manner  that  a  summons  is  served  in  a  civil  action 
in  the  Circuit  Court,  the  production  within  this  State  at 
such  time  and  place  as  it  may  designate,  of  any  books, 
accounts,  papers,  or  records  kept  by  said  public  utility 
In  any  office  or  place  without  the  State  of  Wisconsin, 
or  verified  copies  in  lieu  thereof,  if  the  commission 
shall  so  order,  in  order  that  an  examination  thereof 
may  be  made   by  the  commission   or  under  its  direction. 

2.  Any  public  utility  failing  or  refusing  to  comply 
with  any  such  order  or  subpoena  shall,  for  each  day 
It  shall  so  fail  or  refuse,  forfeit  and  pay  into  the  State 
treasury  a  sum  of  not  less  than  $50  nor  more  than  $500. 

Ch.    499,    1907. 

Commission's  employes.  §  1797m — 40.  The  commission 
is  authorized  to  employ  such  engineers,  examiners,  ex- 
perts, clerks,  accountants  and  other  assistants  as  it  may 
deem  necessary,  at  such  rates  of  compensation  as  It 
may  determine  upon. 

Ch.  499,  1907. 

Agents — Potcers.  §  1797m — 41.  1.  For  the  purpose  ol 
making  any  investigation  with  regard  to  any  public 
utility  the  commission  shall  have  power  to  appoint,  by 
an  order  in  writing,  an  agent  whose  duties  shall  be 
prescribed  in  such  order. 

2.  In  the  discharge  of  his  duties  such  agent  shall 
have  every  power  whatsoever  of  an  inquisitorial  nature 
granted  in  this  Act  to  the  commission  and  the  same 
powers  as  a  court  commissioner  with  regard  to  the 
taking  of  depositions;  and  all  powers  granted  by  law 
to  a  court  commissioner  relative  to  depositions  are 
hereby  granted  to  such  agent. 

3.  The  commission  may  conduct  any  number  of  such 
investigations  contemporaneously  through  different  agents 
and  may  delegate  to  such  agent  the  taking  of  all  testi- 
mony bearing  upon  any  investigation  or  hearing.  The 
decision  of  the  commission  shall  be  based  upon  its 
examination  of  all  testimony  and  records.  The  recom- 
mendations made  by  such  agents  shall  be  advisory  only 
and  shall  not  preclude  the  taking  of  further  testimony 
if    the    commission    so   order   nor   further   investigation. 

Ch.   499,   1907. 

Utilities  to  comply  with  commission's  request.  §  1797m 
— 42.  1.  Every  public  utility  shall  furnish  to  the  com- 
mission all  information  required  by  it  to  carry  into 
effect  the  provisions  of  this  Act,  and  shall  make  speciflic 
answers  to  all  questions   submitted  by  the  commission. 

2.  Any  public  utility  receiving  from  the  commission 
any  blanks  with  directions  to  fill  the  same,  shall  cause 
the  same  to  be  properly  filled  out  so  as  to  answer 
fully  and  correctly  each  question  therein  propounded, 
and  in  case  it  is  unable  to  answer  any  question,  it  shall 
give  a  good  and  sufficient  reason  for  such  failure;  and 
said  answer  shall  be  verified  under  oath  by  the  presi- 
dent, secretary,  superintendent  or  general  manager  of 
such  public  utility  and  returned  to  the  commission  at 
its  office  within  the  period  fixed  by  the  commission. 

3.  Whenever  required  by  the  commission,  every 
public  utility  shall  deliver  to  the  commission,  any  or 
all  maps,  profiles,  contracts,  reports  of  engineers  and 
all  documents,  books,  accounts,  papers  and  records 
or   copies   of   any   or   all   of   the   same,   with   a   complete 


Inventory  of  all  its  property,  in  such  form  as  the  com- 
mission may  direct. 

Ch.  499,  1907. 

Complaint  by  consumers.  §  1797m — 43.  Upon  a  com- 
plaint made  against  any  public  utility  by  any  mercantile, 
agricultural  or  manufacturing  society  or  by  any  body  pol- 
itic or  municipal  organization  or  by  any  25  persons,  firms, 
corporations  or  associations,  that  any  of  the  rates,  tolls, 
charges  or  schedules  or  any  joint  rate  or  rates  are  In 
any  respect  unreasonable  or  unjustly  discriminatory,  or 
that  any  regulation,  measurement,  practice  or  act  what- 
soever affecting  or  relating  to  the  production,  trans- 
mission, delivery  or  furnishing  of  heat,  light  or  water  or 
power  or  any  service  in  connection  therewith  or  the  con- 
veyance of  any  telephone  message  or  any  service  In 
connection  therewith  is  in  any  respect  unreasonable, 
insufficient  or  unjustly  discriminatory,  or  that  any  service 
is  inadequate  or  cannot  be  obtained,  the  commission 
shall  proceed,  with  or  without  notice,  to  make  such 
investigation  as  it  may  deem  necessary  or  convenient. 
But  no  order  affecting  said  rates,  tolls,  charges,  sched- 
ules, regulations,  measurements,  practice  or  act  com- 
plained of  shall  be  entered  by  the  commission  without 
a  formal    public   hearing. 

Ch.   499,   1907. 

Hearing.  §  1797m — 44.  The  commission  shall,, prior  to 
such  formal  hearing,  notify  the  public  utility  complained 
of  that  a  complaint  has  been  made,  and  10  days  afte'- 
such  notice  has  been  given  the  commission  may  proceed 
to  set  a  time  and  place  for  a  hearing  and  an  investiga- 
tion  as   hereinafter  provided. 

Ch.   499,   1907. 

Notice  of  hearing.  §  1797m — 45.  The  commission  shall 
give  the  public  utility  and  the  complainant,  if  any,  10 
days'  notice  of  the  time  and  place  when  and  where  such 
hearing  and  investigation  will  be  held  and  such  matters 
considered  and  determined.  Both  the  public  utility  and 
complainant  shall  be  entitled  to  be  heard  and  shall  have 
process  to  enforce  the  attendance  of  witnesses. 

Ch.    499,   1907. 

Commission  to  fix  rates  and  regulations.  §  1797m — 46. 
1.  If  upon  such  investigation  the  rates,  tolls,  charges, 
schedules  or  joint  rates  shall  be  found  to  be  unjust, 
unreasonable,  insufficient  or  unjustly  discriminatory  or 
to  be  preferential  or  otherwise  in  violation  of  any  of 
the  provisions  of  this  Act,  the  commission  shall  have 
power  to  fix  and  order  substituted  therefor  such  rate  or 
rates,  tolls,  charges  or  schedules  as  shall  be  just  and 
reasonable. 

2.  If  upon  such  investigation  it  shall  be  found  that 
any  regulation,  measurement,  practice,  act,  or  service 
complained  of  is  unjust,  unreasonable,  insufficient,  pref- 
erential, unjustly  discriminatory  or  otherwise  in  viola- 
tion of  any  of  the  provisions  of  this  Act,  or  it  it  be 
found  that  any  service  is  inadequate  or  that  any  reason- 
able service  cannot  be  obtained,  the  commission  shall 
have  power  to  substitute  therefor  such  other  regulations, 
measurements,  practices,  service  or  acts  and  to  make 
such  order  respecting,  and  such  changes  in  such  regu- 
lations, measurements,  practices,  service  or  acts  as 
shall  be  just  and  reasonable. 

Ch.  499,  1907. 

Costs  of  investigation.  §  1797m — 47.  If  upon  such  In- 
vestigation it  shall  be  found  that  any  rate,  toll,  charge, 
schedule  or  joint  rate  or  rates  is  unjust,  unreasonable. 
Insufficient  or  unjustly  discriminatory  or  preferential 
or  otherwise  in  violation  of  any  of  the  provisions  of  this 
Act,  or  that  any  regulation,  practice,  act  or  service 
complained  of  is  unjust,  unreasonable.  Insufficient, 
preferential  or  otherwise  in  violation  of  any  of  the 
provisions  of  this  Act,  or  if  it  be  found  that  any  service 
is  inadequate  or  that  any  reasonable  service  can- 
not be  obtained,  the  public  utility  found  to  be  at 
fault  shall  pay  the  expenses  incurred  by  the  commis- 
sion upon  such  investigation. 

Ch.  499,  1907. 

Separate  rate  hearings — Absence  of  direct  damage. 
§  1797m — 48.  The  commission  may,  in  its  discretion,  when 
complaint  is  made  of  more  than  one  rate  or  charge, 
order  separate  hearings  thereon,  and  may  consider 
and  determine  the  several  matters  complained  of  sepa- 
rately and  at  such  times  as  it  may  prescribe.     No  com- 


1478 


National  Association  of  Eailway  Commissionees 


plaint  shall  at  any  time  be  dismissed  because  of  the 
absence   of  direct   damage  to   the  complainant. 

Ch.   499,   1907. 

Summary  investigations.  §  1797m — 49.  Whenever  the 
commission  shall  believe  that  any  rate  or  charge  may 
be  unreasonable  or  unjustly  discriminatory  or  that  any 
service  is  inadequate  or  cannot  be  obtained  or  that  an 
Investigation  of  any  matter  relating  to  any  public 
utility  should  for  any  reason  be  made,  It  may,  on  its 
own  motion,  summarily  investigate  the  same  with  or 
without  notice. 

Ch.    499,    1907. 

Formal  hearings.  §  1797m — 50.  If,  after  making  such 
Investigation,  the  commission  becomes  satisfied  that 
sufficient  grounds  exist  to  warrant  a  formal  hearing 
being  ordered  as  to  the  matters  so  investigated,  Jt 
shall  furnish  such  public  utility  interested  a  statement 
notifying  the  public  utility  of  the  matters  under  investi- 
gation. Ten  days  after  such  notice  has  been  given  the 
commission  may  proceed  to  set  a  time  and  place  for  a 
hearing  and  an  investigation  as  hereinbefore  provided. 

Ch.    499,   1907. 

Notices— Procedure.  §  1797m— 51.  Notice  of  the  time 
and  place  for  such  hearing  shall  be  given  to  the  public 
utility  and  to  such  other  interested  persons  as  the 
commission  shall  deem  necessary  as  provided  in  §  1797m 
— 45,  and  thereafter  proceeding  shall  be  had  and  con- 
ducted in  reference  to  the  matter  investigated  in  liice 
manner  as  though  complaint  had  been  filed  with  the 
commission  relative  to  the  matter  investigated,  and  the 
same  order  or  orders  may  be  made  in  reference  tliereto 
as   if  such  investigation  had   been   made  on   complaint. 

Ch.   499,   1907. 

Utilities  may  complain.  §  1797m — 52.  Any  public  util- 
ity may  make  complaint  as  to  any  matter  affecting  its 
own  product  or  service  with  like  effect  as  though  made 
by  any  mercantile,  agricultural  or  manufacturing  so- 
ciety, body  politic  or  municipal  organization  or  by  any 
25   i>ersons,   firms,   corporations   or   associations. 

Ch.  499,  1907. 

Witness — Evidence — Proceedings  for  contempt.  §  1797m 
— 53.  1.  Each  of  the  commissioners  and  every  agent  pro- 
vided for  in  §  1797m — 41  of  this  Act,  for  the  purposes 
mentioned  in  this  Act,  shall  have  power  to  administer 
oaths,  certify  to  official  acts,  issue  subpoenas,  compel  the 
attendance  of  witnesses  and  the  production  of  books, 
accounts,   papers,   records,   documents  and  testimony. 

2.  In  case  of  disobedience  on  the  part  of  any  person 
or  persons  to  comply  with  any  order  of  the  commission 
or  any  commissioner  or  any  subpoena  or  on  the  refusal 
of  any  witness  to  testify  to  any  matter  regarding 
which  he  may  be  lawfully  interrogated  before  the  com- 
mission or  its  agent  authorized  as  provided  in  §  1797m — 
41,  it  shall  be  the  duty  of  the  Circuit  Court  of  any 
county  or  the  judge  thereof,  on  application  of  a  com- 
missioner, to  compel  obedience  by  attachment  proceed- 
ings for  contempt  as  in  the  case  of  disobedience  of 
the  requirements  of  a  subpoena  issued  from  such  court 
or  a  refusal  to  testify  therein. 

Ch.  499,  1907. 

Witness  fees  and  mileage.  §  1797m — 54.  1.  Each  wit- 
ness who  shall  appear  before  the  commission  or  its 
agent  by  its  order  shall  receive  for  his  attendance  the 
fees  and  mileage  now  provided  for  witnesses  in  civil 
cases  in  courts  of  record,  which  shall  be  audited  and 
paid  by  the  State  in  the  same  manner  as  other  ex- 
penses are  audited  and  paid,  upon  the  presentation  of 
proper  vouchers  sworn  to  by  such  witnesses  and  ap- 
proved by  the  chairman  of  the  commission. 

2.  No  witness  subpoenaed  at  the  instance  of  parties 
other  than  the  commission  shall  be  entitled  to  com- 
pensation from  the  State  for  attendance  or  travel  unless 
the  commission  shall  certify  that  his  testimony  was 
material   to   the   matter   investigated. 

Ch.  499,  1907. 

Depositions.  §  1797m — 55.  The  commission  or  any 
party  may,  in  any  investigation,  cause  the  depositions 
of  witnesses  residing  within  or  without  the  State  to  be 
taken  in  the  manner  prescribed  by  law  for  like  deposi- 
tions in  civil  actions  in  Circuit  Courts. 

Ch.  499,  1907. 

Stenographic  records.  §  1797m — 56.  A  full  and  com- 
plete   record   shall    be   kept   of   all    proceedings    had   be- 


I 


fore  the  commission  or  its  agent  on  any  formal  In- 
vestigation had  and  all  testimony  shall  be  taken  down 
by  the  stenographer  appointed  by  the  commission. 

Ch.  499,   1907. 

Transcript  of  testimony — Filing.  §  1797m — 57.  When- 
ever any  complaint  is  served  upon  the  commission 
under  the  provisions  of  §  1797m — 64  of  this  Act,  the 
commission  shall,  before  said  action  is  reached  for  trial, 
cause  a  certified  transcript  of  all  proceedings  had  and 
testimony  taken  upon  such  investigation  to  be  filed  with 
the  clerk  of  the  Circuit  Court  of  the  county  where  the 
action   is  pending. 

Ch.  499,   1907. 

A'dmissibility  of  evidence.  §  1797m — 68.  A  transcribed 
copy  of  the  evidence  and  proceedings  or  any  specific 
part  thereof,  on  any  investigation  taken  by  the  ste- 
nographer appointed  by  the  commission,  being  certified 
by  such  stenographer  to  be  a  true  and  correct  transcript 
in  longhand  of  all  testimony  on  the  investigation  or  of 
a  particular  witness,  or  of  other  specific  part  therjof, 
carefully  compared  by  him  with  his  original  notes,  And 
to  be  a  correct  statement  of  the  evidence  and  pro- 
ceedings had  on  such  investigation  so  purporting  to  be 
taken  and  transcribed,  shall  be  received  in  evideice 
with  the  same  effect  as  if  such  reporter  were  present 
and   testified   to  the  fact  so  certified. 

Ch.  499,   1907. 

Free  transcripts  for  parties.     §  1797m — 59.     A  copy  of 
such    transcript    shall    be    furnished    on    demand    fre^ 
cost   to   any  party   to   such   investigations. 

Ch.  499.  1907. 

Commission  to  determine  rates  and  regulations — Cc  sts 
— Orders,  service  and  effect.  §  1797m — 60.  1.  Whenei  er, 
upon  an  investigation  made  under  the  provisions  of  t  lis 
Act,  the  commission  shall  find  any  existing  rates,  to  Is, 
charges,  schedules  or  joint  rate  or  rates  to  be  unji  st, 
unreasonable,  insufficient  or  unjustly  discriminatory  or 
to  be  preferential  or  otherwise  in  violation  of  any  of 
the  provisions  of  this  Act,  the  commission  shall  del  2r- 
mine  and  by  order  fix  reasonable  rates,  tolls,  charg  ;3, 
schedules  or  joint  rates  to  be  imposed,  observed  sad 
followed  in  the  future  in  lieu  of  those  found  to  be 
unjust,  unreasonable,  insufficient  or  unjustly  discrimi  la- 
tory  or  preferential  or  otherwise  in  violation  of  any  of 
the   provisions  of  this   Act. 

2.  Whenever,  upon  an  investigation  made  under '1  tie 
provisions  of  this  Act,  the  commission  shall  find  any 
regulations,  measurements,  practices,  acts  or  serv  ce 
to  be  unjust,  unreasonable,  insufficient,  preferential,  un- 
justly discriminatory  or  otherwise  in  violation  of  a  ay 
of  the  provisions  of  this  Act;  or  shall  find  that  a  ay 
service  is  inadequate  or  that  any  service  which  c  in 
be  reasonably  demanded  cannot  be  obtained,,  the  cooi- 
mission  shall  determine  and  declare  and  by  order  fix 
reasonable  measurements,  regulations,  acts,  practh  es 
or  service  to  be  furnished,  imposed,  observed  and  fol- 
lowed in  the  future  in  lieu  of  those  found  to  be  unjust, 
unreasonable,  insufficient,  preferential,  unjustly  dis- 
criminatory, inadequate  or  otherwise  in  violation  of  tliis 
Act,  as  the  case  may  be,  and  shall  make  such  otl  er 
order  respecting  such  measurement,  regulation,  a:;t, 
practice  or  service  as  shall   be  just  and   reasonable. 

3.  Whenever,  upon  an  investigation  made  under  the 
provisions  of  this  Act,  the  commission  shall  find  tl  at 
any  rate,  toll,  charge,  schedule  or  joint  rate  or  rates  is 
unjust,  unreasonable.  Insufficient  or  unjustly  discrimina- 
tory or  preferential  or  otherwise  in  violation  of  any  of 
the  provisions  of  this  Act,  or  that  any  measuremeit, 
regulation,  practice,  act  or  service  complained  of  is 
unjust,  unreasonable,  insufficient,  preferential,  unjus  ly 
discriminatory  or  otherwise  in  violation  of  any  of  the 
provisions  of  this  Act,  or  it  shall  find  that  any  service 
is  inadequate  or  that  any  service  which  can  reasonably 
be  demanded  cannot  be  obtained,  the  commission  shall 
ascertain  and  declare  and  by  order  fix  the  expenses 
Incurred  by  the  commission  upon  such  investigation 
and  shall  by  such  order  direct  such  public  utility  to  pay 
the  State  treasurer  within  20  days  thereafter  such  ex- 
penses so  incurred. 

4.  The  commission  shall  cause  a  certified  copy  of  all 
such  orders  to  be  delivered  to  an  officer  or  agent  of 
the  public  utility  affected  thereby,  and  all  such  orders 
shall  of  their  own  force  take  effect  and  become  operative 


Public  Service  Laws 


1479 


20  days  after  service  thereof,  unless  a  different  time 
be   provided  by  said  order. 

Ch.  499,  1907. 

Utilities  to  conform.  §  1797m— 61.  All  public  utilities 
to  which  the  order  applies  shall  make  such  changes  In 
their  schedules  on  file  as  may  be  necessary  to  make 
the  same  conform  to  said  order,  and  no  changes  shall 
thereafter  be  made  by  any  public  utility  in  any  such 
rates,  tolls  or  charges  or  in  any  joint  rate  or  rates 
without  the  approval  of  the  commission.  Certified 
copies  of  all  other  orders  of  the  commission  shall  be 
delivered  to  the  public  utility  affected  thereby  In  like 
manner,  and  the  same  shall  take  effect  within  such  time 
thereafter  as  the  commission  shall  prescribe. 

Ch.  499,  1907. 

Commission  map  change  orders.  §  1797m — 62.  The 
commission  may  at  any  time,  upon  notice  to  the  public 
utility  and  after  opportunity  to  be  heard  as  provided 
in  §  1797m — 45,  rescind,  alter  or  amend  any  order  fixing 
any  rate  or  rates,  tolls,  charges  or  schedules,  or  any 
other  order  made  by  the  commission,  and  certified  copies 
of  the  same  shall  be  served  and  take  effect  as  herein 
provided   for  original   orders. 

Ch.   499,   1907. 

Findings  prima  facie  lawful  and  reasonable.  §  1797m 
— 63.  All  rates,  tolls,  charges,  schedules  and  joint  rates 
fixed  by  the  commission  shall  be  in  force  and  shall  be 
prima  facie  lawful,  and  all  regulations,  practices  and 
services  prescribed  by  the  commission  shall  be  in  force 
and  shall  be  prima  facie  reasonable  until  finally  found 
otherwise  in  an  action  brought  for  that  purpose  pursu- 
ant to  the  provisions  of  §  1797m — 64. 

Ch.  499,   1907. 

Action  to  set  aside — Precedence  on  calendar.  §  1797m 
— 64.  1.  Any  public  utility  and  any  person  or  corpora- 
tion in  interest  being  dissatisfied  with  any  order  of  the 
commission  fixing  any  rate  or  rates,  tolls,  charges,  sched- 
ules, joint  rate  or  rates  or  any  order  fixing  any  regula- 
tions, practices,  act  or  service  may  commence  an  action 
in  the  Circuit  Court  for  Dane  County  against  the  com- 
mission as  defendant  to  vacate  and  set  aside  any  such 
order  on  the  ground  that  the  rate  or  rates,  tolls,  charges, 
schedules,  joint  rate  or  rates,  fixed  in  such  order  Is 
unlawful,  or  that  any  such  regulation,  practice,  act  or 
service  fixed  in  such  order  is  unreasonable,  in  which 
action  the   complaint   shall  be  served  with  the  summons. 

2.  The  answer  of  the  commission  to  the  complaint 
shall  be  served  and  filed  within  10  days  after  service 
of  the  complaint,  whereupon  said  action  shall  be  at  issue 
and  stand  ready  for  trial  upon  10  days'  notice  to  either 
party. 

3.  All  such  actions  shall  have  precedence  over  any 
civil  cause  of  a  different  nature  pending  in  such  court, 
and  the  Circuit  Court  shall  always  be  deemed  open  for 
the  trial  thereof,  and  the  same  shall  be  tried  and  deter- 
mined   as   other    civil    actions. 

Ch.  499,  1907. 

Appeals  and  actions  to  set  aside — Limitation  90  days. 
§  1797m — 65.  Every  proceeding,  action  or  suit  to  set  aside, 
vacate  or  amend  any  determination  or  order  of  the 
commission  or  to  enjoin  the  enforcement  thereof  or  to 
prevent  in  any  way  such  order  or  determination  from 
becoming  effective,  shall  be  commenced,  and  every  ap- 
peal to  the  courts  or  right  or  recourse  to  the  courts 
Shall  be  taken  or  exercised  within  90  days  after  the 
entry  or  rendition  of  such  order  or  determination,  and 
the  right  to  commence  any  such  action,  proceeding  or 
suit,  or  to  take  or  exercise  any  such  appeal  or  right  of 
recourse  to  the  courts,  shall  terminate  absolutely  at 
the  end  of  such  90  days  after  such  entry  or  rendition 
thereof. 

Ch.    499,    1907. 

Injunctions  issuing.  §  1797m — 66.  No  injunction  shall 
issue  suspending  or  staying  any  order  of  the  commis- 
sion, except  upon  application  to  the  Circuit  Court  or 
presiding  judge  thereof,  notice  to  the  commission,  and 
hearing. 

Ch.   499,   1907. 

New  evidence  upon  trial — Transmission  to  commission — 
Stay  of  proceedings.  §  1797m — 67.  1.  If,  upon  the  trial  of 
such  action,  evidence  shall  be  introduced  by  the  plain- 
tiff which  is  found  by  the  court  to  be  different  from 
that  offered  upon  the  hearing  before  the  commission  or 


its  authorized  agent,  or  additional  thereto,  the  court 
before  proceeding  to  render  judgment,  unless  the  parties 
to  such  action  stipulate  in  writing  to  the  contrary,  shall 
transmit  a  copy  of  such  evidence  to  the  commission 
and  shall  stay  further  proceedings  in  said  action  for 
15  days  from  the  date  of  such  transmission. 

Reconsideration  hy  commission.  2.  Upon  the  receipt 
of  such  evidence  the  commission  shall  consider  the  same 
and  may  alter,  modify,  amend  or  rescind  its  order  relat- 
ing to  such  rate  or  rates,  tolls,  charges,  schedules,  joint 
rate  or  rates,  regulations,  practice,  act  or  service  com- 
plained of  in  said  action,  and  shall  report  its  action 
thereon  to  said  court  within  10  days  from  the  receipt 
of  such   evidence. 

Ch.    499,    1907. 

Supplemental  findings — Procedure  by  court.  §  1797m 
— 68^  1.  It  the  commission  shall  rescind  its  order  com- 
plained of,  the  action  shall  be  dismissed;  if  it  shall  alter, 
modify  or  amend  the  same,  such  altered,  modified  or 
amended  order  shall  take  the  place  of  the  original  order 
complained  of,  and  judgment  shall  be  rendered  thereon 
as  though  made  by  the  commission  in  the  first  instance. 

2.  If  the  original  order  shall  not  be  rescinded  or 
changed  by  the  commission  judgment  shall  be  rendered 
upon   such   original  order. 

Appeal  to  Supreme  Court.  §  1797m — 69.  Either  party 
to  said  action,  within  60  days  after  service  of  a  copy 
of  the  order  or  judgment  of  the  Circuit  Court,  may  ap- 
peal to  the  Supreme  Court.  Where  an  appeal  is  taken 
the   cause   shall,   on   the   return  of  the   papers  to  the   Su- 

Ch.  499,  1907. 
preme  Court,  bo  immediately  placed  on  the  State  calendar 
of  the  then  pending  term  and  shall  be  assigned  and  brought 
to  a  hearing  in  the  same  manner  as  other  causes  on  the 
State  calendar. 

Ch.  499,  1907. 

Burden  of  proof.  §  1797m — 70.  In  all  trials,  actions  and 
proceedings  arising  under  the  provisions  of  this  Act  or 
growing  out  of  the  exercise  of  the  authority  and  powers 
granted  herein  to  the  commission,  the  burden  of  proof  shall 
be  upon  the  party  adverse  to  such  commission  or  seeking 
to  set  aside  any  determination,  requirement,  direction  or 
order  of  said  commission  to  show  by  clear  and  satisfactory 
evidence  that  the  determination,  requirement,  direction  or 
order  of  the  commission  complained  of  is  unreasonable  or 
unlawful  as  the  case  may  be. 

Ch.  499,  1907. 

Court  procedure  and  officers.  §  1797m— 71.  In  all  ac- 
tions and  proceedings  in  court  arising  under  this  Act  all 
processes  shall  be  served  and  the  practice  and  rules  of  evi- 
dence shall  be  the  same  as  In  civil  actions,  except  as  other- 
wise herein  provided.  Every  sheriff  or  other  officer  em- 
powered to  execute  civil  processes  shall  execute  any  process 
issued  under  the  provisions  of  this  Act  and  shall  receive 
such  compensation  therefor  as  may  be  prescribed  by  law 
for  similar  services. 

Ch.  499,  1907. 

Incriminating  evidence.  §  1797m — 72.  No  person  shall 
be  excused  from  testifying  or  from  producing  books,  ac- 
counts and  papers  in  any  proceeding  based  upon  or  grow- 
ing out  of  any  violation  of  the  provisions  of  this  Act  on 
the  ground  or  for  the  reason  that  the  testimony  or  evi- 
dence, documentary  or  otherwise,  required  by  him  may 
tend  to  incriminate  him  or  subject  him  to  penalty  or  for- 
feiture; but  no  person  having  so  testified  shall  be  prose- 
cuted or  subjected  to  any  penalty  or  forfeiture  for  or  on 
account  of  any  transmission,  matter  or  thing  concerning 
which  he  may  have  testified  or  produced  any  documentary 
evidence;  provided,  that  no  person  so  testifying  shall  be 
exempted  from  prosecution  or  punishment  for  perjury  In 
so  testifying. 

Ch.  499,  1907. 

Distribution  of  orders.  §  1797m — 73.  Upon  application 
of  any  person  the  commission  shall  furnish  certified  copies, 
under  the  seal  of  the  commission,  of  any  order  made  by  it, 
which  shall  be  prima  facie  evidence  of  the  facts  stated 
therein. 

Ch.  499,  1907. 

'Competition  of  utilities — Indeterminate  permits.  §  1797m 
— 74.  1.  No  license,  permit  or  franchise  shall  be  granted 
to  any  person,  copartnership  or  corporation  to  own,  operate, 
manage  or  control  any  plant  or  equipment  for  the  produc- 


1480 


National  Association  of  Kailway  Commissioners 


tlon,  transmission,  delivery  or  furnishing  of  heat,  light, 
water  or  power  in  any  municipality  where  there  is  in 
operation  under  an  indeterminate  permit,  as  provided  In 
this  Act,  a  public  utility  engaged  in  similar  service,  and 
no  telephone  exchange  for  furnishing  local  service  to  sub- 
scribers within  any  village  or  city  shall  be  installed  in 
such  village  or  city  by  any  public  utility,  other  than  those 
already  furnishing  such  telephone  service  therein,  where 
there  is  in  operation  in  such  village  or  city  a  public  utility 
engaged  in  similar  service,  without  first  securing  from  the 
commission  a  declaration  after  a  public  hearing  of  all  par- 
ties interested,  that  public  convenience  and  necessity  re- 
quire such  second  public  utility.  This  subsection  shall  not 
prevent  or  impose  any  condition  upon  the  extension  of  any 
telephone  line  from  any  town  into  or  through  any  city  or 
village  for  the  purpose  of  connecting  with  any  telephone 
exchange  in  such  city  or  village  or  connecting  with  any 
other  telephone  line  or  system.  Any  public  utility  operat- 
ing any  telephone  exchange  in  any  city  or  village  shall,  on 
demand,  extend  its  lines  to  the  limits  of  such  city  or  village 
for  the  purposes  mentioned  and  subject  to  the  conditions 
and  requirements  prescribed  in  §§  1797m— 4  and  1797m — SO. 
*Ch.  14,  1911.  §  1.  All  licenses,  permits  and  franchises  to 
own,  operate,  manage,  or  control  any  plant  or  equipment  for  the 
production,  transmission,  delivery,  or  furnishing  of  heat,  light, 
water,  or  power  in  any  municipality,  heretofore  granted  or  at- 
tempted to  be  granted  to  any  public  utility  by  or  by  virtue  of  any 
ordinance  pending  or  under  consideration  In  the  municipal  council 
of  any  municipality  at  the  time  of  the  obtaining  of  an  Indeter- 
minate permit  by  any  other  public  utility  operating  therein,  are 
hereby  validated  and  confirmed  and  shall  not  be  affected  by  the 
provisions  of  suljseotion  1  of  §  1797ni — 74  of  the  statutes. 
Ch.  499,  1907;  ch.  546,  1911. 

2.  Any  existing  permit,  license  or  franchise  which 
shall  contain  any  term  whatsoever  interfering  with  the 
existence  of  such  second  public  utility  is  hereby  amended 
in  such  a  manner  as  to  permit  such  municipality  to  grant 
an  indeterminate  permit  for  the  operation  of  such  second 
public  utility  pursuant  to  the  provisions  of  this  Act. 

Ch.  499,  1907. 

3.  No  municipality  shall  hereafter  construct  any  such 
plant  or  equipment  where  there  is  in  operation  under  an 
Indeterminate  permit  as  provided  in  this  Act,  in  such  mu- 
nicipality a  public  utility  engaged  in  similar  service,  with- 
out first  securing  from  the  commission  a  declaration,  after 
a  public  hearing  of  all  parties  interested,  that  public  con- 
venience and  necessity  require  such  municipal  public  util- 
ity. But  nothing  in  this  section  shall  be  construed  as  pre- 
venting a  municipality  acquiring  any  existing  plant  by 
purchase  or  by  condemnation  as  hereinafter  provided. 

Ch.  499,  1907. 

4.  Nothing  in  this  section  shall  be  construed  so  as  to 
prevent  the  granting  of  an  indeterminate  permit  or  the 
construction  of  a  municipal  plant  where  the  existing  public 
utility  is  operating  without  an  indeterminate  permit  as 
provided  in  this  Act. 

Ch.  499,  1907. 

Foreign  utilities  excluded.  §  1797m — 75.  No  license, 
permit  or  franchise  to  own,  operate,  manage  or  control  any 
plant  or  equipment  for  the  production,  transmission,  deliv- 
ery or  furnishing  of  heat,  light,  water  or  power  shall  be 
hereafter  granted  or  transferred  except  to  a  corporation 
duly  organized  under  the  laws  of  the  State  of  Wisconsin. 

Ch.  499,  1907. 

Grants  hereafter  to  be  indeterminate — Municipal  acquisi- 
tion. §  1797m — 76.  Every  license,  permit  or  franchise  here- 
after granted  to  any  public  utility  shall  have  the  effect  of 
an  indeterminate  permit  subject  to  the  provisions  of  this 
Act,  and  subject  to  the  provision  that  the  municipality  In 
which  the  major  part  of  its  property  is  situate  may  pur- 
chase the  property  of  such  public  utility  actually  used  and 
useful  for  the  convenience  of  the  public  at  any  time  as 
provided  herein,  paying  therefor  just  compensation  to  be 
determined  by  the  commission  and  according  to  the  terms 
and  conditions  fixed  by  said  commission.  Any  such  mu- 
nicipality is  authorized  to  purchase  such  property  and 
every  such  public  utility  Is  required  to  sell  such  property  at 
the  value  and  according  to  the  terms  and  conditions  deter- 
mined by  the  commission  as  herein  provided. 

Ch.  499,  1907. 

*Indeterminate  permit.  §  1797m — 77.  Every  license,  per- 
mit, or  franchise  granted  prior  to  July  11,  1907,  by  the 
State  or  by  the  common  council,  the  board  of  aldermen, 
the  board  of  trustees,  the  town  or  village  board,  or  any 
other  governing  body  of  any  town,  village  or  city,  to  any 
corporation,  company,  individual,  association  of  individuals, 


lit  i»a 

^1 


their  lessees,  trustees  or  receivers  appointed  by  any  court 
whatsoever,  authorizing  and  empowering  such  grantee  or 
grantees  to  own,  operate,  manage  or  control  any  plant  or 
equipment,  or  any  part  of  a  plant  or  equipment  within  this 
State,  for  the  conveyance  of  telephone  messages,  or  for  the 
production,  transmission,  delivery  or  furnishing  of  heat, 
light,  water  or  power,  either  directly  or  indirectly,  to  or 
for  the  public,  is  so  altered  and  amended  as  to  constitute 
and  to  be  an  "indeterminate  permit"  within  the  terms  end 
meaning  of  %^  1797m— 1  to  1797m— 108,  inclusive,  of  the 
statutes  of  1898.  and  subject  to  all  the  terms,  provisions, 
conditions  and  limitations  of  said  §§  1797m — 1  to  1797m — 
108,  inclusive,  and  shall  have  the  same  force  and  effect  as 
a  license,  permit,  or  franchise  granted  after  July  11,  1907, 
to  any  public  utility  embraced  in  and  subject  to  the  provi- 
sions of  said  ^^  1797m— 1  to  1797m— 108,  inclusive,  except 
as  provided  by  §  t797m — 80. 

•en.  217,  1911.  §  1.  No  franchise  heretofore  surrendered  by 
any  corporation  of  this  State  In  the  manner  and  within  the  time 
provided  by  §  1797m — 77,  and  no  indeterminate  permit  based 
thereon,  shall  be  declared  invalid  by  reason  of  any  defect,  irregu- 
larity, or  invalidity  in  such  franchise  whatsoever,  provided  that 
such  franchises  shall  not  have  been  obtained  by  fraud,  bribery,  or 
corrupt  practices;  that  when  such  franchise  was  granted  no  offl-er 
of  the  municipality  granting  the  same  was  directly  or  indirectly 
interested  In  such  franchise  or  in  the  corporation  obtaining 
.■^ame;  and  that  the  corporation  having  the  same  shall  have 
prior  to  the  surrendering  of  said  franchise  in  good  faith  pi.r- 
oh.ased  or  constructed  any  street  or  interurban  railroad,  wa  er 
works,  gas  or  electric  light  plant,  or  other  public  utllitv  or 
any  part  thereof  by  such  franchise  authorized;  and  subject  to 
the  foregoing  exceptions,  every  such  franchise  and  permit  i»ji 
hereby  legalized  and  confirmed. 

Ch.  499,  1907;  ch.  180,  1909;  ch.  596,  1911. 

Future  grants — Acceptance — Implied  consent  and  waiv  ~ 
§  1797m — 78.  Any  public  utility  accepting  or  operati  ig 
under  any  license,  permit  or  franchise  hereafter  grant  :d 
shall,  by  acceptance  of  any  such  indeterminate  permit,  ift 
deemed  to  have  consented  to  a  future  purchase  of  its 
property  actually  used  and  useful  for  the  convenience  of  t  ic 
public  by  the  municipality  in  which  the  major  part  of  it  is 
situate  for  the  compensation  and  under  the  terms  and  cc  a' 
ditions  determined  by  the  commission,  and  shall  there  ly 
be  deemed  to  have  waived  the  right  of  requiring  the  nec(  s- 
slty  of  such  taking  to  be  established  by  the  verdict  of  a 
jury,  and  to  have  waived  all  other  remedies  and  righ.s 
relative  to  condemnation,  except  such  rights  and  remedl ;» 
as  are  provided  in  this  Act. 

Ch.  499,  1907. 

Municipalities — Powers — Acquiring  and  operating  plaii 
§  1797m — 79.  1.  Any  municipality  shall  have  the  pow«  r, 
subject  to  the  provisions  of  this  Act,  to  construct  and  op«  r- 
ate  a  plant  and  equipment  or  any  part  thereof  for  the  pi  3- 
ductlon,  transmission,  delivery  or  furnishing  of  heat,  ligl  t, 
water  or  power. 

2.  Any  municipality  shall  have  the  power,  subject  o 
the  provisions  of  this  Act,  to  purchase  by  an  agreeme  it 
with  any  public  utility  any  part  of  any  plant,  provldi  d 
that  such  purchase  and  the  terms  thereof  shall  be  approv  d 
by  the  commission  after  a  hearing  as  provided  in  §§  179731 
—81  and  1797m— 82. 

3.  Any  municipality  shall  have  the  power,  subject  :o 
the  provisions  of  this  Act,  to  acquire  by  condemnation  tlie 
property  of  any  public  utility  actually  used  and  useful  f  ir 
the  convenience  of  the  public  then  operating  under  a 
license,  permit  or  franchise  existing  at  the  time  this  A:t 
takes  effect  or  operating  in  such  municipality  without  ai.y 
permit  or  franchise. 

4.  Any  municipality  shall  have  the  power,  subject  ;o 
the  provisions  of  this  Act,  to  acquire  by  purchase  as  pio- 
vided  in  this  Act  the  property  of  any  public  utility  actu- 
ally used  and  useful  for  the  convenience  of  the  public 
ating  under  any  indeterminate  permit  as  provided  hereii 

Ch.  499,  1907. 

*Existing  plants — Action  by  municipalities  to  acquire. 
§  1797m— 80.  If  the  municipality  shall  have  determined  to 
acquire  an  existing  plant  then  operated  under  .  .  .  (i« 
indeterminate  permit  provided  in  §  1797m — 77,  by  a  vote  of 
a  majority  of  the  electors  voting  thereon  at  any  general, 
municipal  or  special  election  at  which  the  question  of  the 
purchase  of  such  plant  shall  have  been  submitted,  such 
municipality  shall  bring  an  action  in  the  Circuit  Court 
against  the  public  utility  as  defendant  praying  the  court 
for  an  adjudication  as  to  the  necessity  of  such  taking  by 
the  municipality,  in  which  action  the  complaint  shall  be 
served  with  the  summons.  The  public  utility  shall  serve 
and  file  its  answer  to  such  complaint  within  10  days  after 


Iff  3 


actu- 

111 


Public  Service  Laws 


1481 


the  service  thereof,  whereupon  such  action  shall  be  at  issue 
and  stand  ready  for  trial  upon  10  days'  notice  by  either 
party.  Unless  the  parties  thereto  waive  a  jury,  the  ques- 
tion as  to  the  necessity  of  the  taking  of  such  property  by 
the  municipality  shall  be  as  speedily  as  possible  submitted 
to  a  jury. 

Ch.  499,  1907;  eh.  213,  1909;  ch.  596,  1911. 

•Ch.  12,  1911.  §  1.  Wlipnevei-  the  railroad  commission  has 
under  the  provisions  of  §§  1797m— 80  to  1797m— 86  of  the  statutes, 
fixed,  determined,  and  certified  just  compensation  to  be  paid  for 
the  taking  of  the  property  of  a  public  utility  by  the  municipality, 
and  has  proceeded  as  provided  by  law  in  all  particulars  except 
that  such  fixing,  determination,  and  certification  have  not  been 
completed  within  the  time  provided  for  by  such  sections,  the  just 
compensation  fixed,  determined,  and  certified  by  such  railroad 
commission  shall  nevertheless  be  deemed  to  be  the  just  compensa- 
tion that  shall  be  paid  by  such  municipality  to  the  public  utilltj 
for  the  acquisition  of  such  property,  and  such  fixing,  determina- 
tion, and  certification  siiall  have  the  same  force  and  effect  as 
though  they  had  been  done  and  completed  within  the  time  pro- 
vided for  by  law. 

Indeterminate  permit — Notice.  §  1797m — 81.  If  the  mu- 
nicipality shall  have  determined  to  acquire  an  existing  plant 
In  the  manner  provided  in  the  preceding  section,  and  the 
public  utility  owning  such  plant  shall  have  consented  to 
the  taking  over  of  such  plant  by  the  municipality  by  accept- 
ance of  an  indeterminate  permit  as  provided  herein,  or.  In 
case  such  public  utility  shall  not  have  waived  or  consented 
to  such  taking,  if  the  jury  shall  have  found  that  a  necessity 
exists  for  the  taking  of  such  plant,  then  the  municipality 
shall  give  speedy  notice  of  such  determination  and  of  such 
consent  or  such  verdict  of  a  jury  to  the  public  utility  and 
to  the  commission. 

Ch.  499,  1907;  ch.  213,  1909. 

Compensation  to  be  determined  ty  commission — Notice. 
%  1797m — 82.  The  commission  shall  thereupon  proceed  to 
set  a  time  and  place  for  a  public  hearing  upon  the  matters 
of  the  just  compensation  to  be  paid  for  the  taking  of  the 
property  of  such  public  utility  actually  used  and  useful  for 
the  convenience  of  the  public,  and  of  all  other  terms  and 
conditions  of  the  purchase  and  sale,  and  shall  give  to  the 
municipality  and  the  public  utility  interested  not  less  than 
SO  days'  notice  of  the  time  and  place  when  and  tohere  such 
hearing  will  be  held,  and  such  matters  considered  and  de- 
termined, and  shall  give  like  notice  to  all  bondholders, 
mortgagees,  lienors  and  all  other  persons  having  or  claim- 
ing to  have  any  interest  in  such  public  utility,  by  publica- 
tion of  such  notice  once  a  week  for  not  less  than  three 
successive  tceeks  in  at  least  one  neiospaper  of  general  cir- 
culation printed  in  the  English  language  and  published  in 
the  county  in  which  such  public  utility  is  located,  which 
publication  shall  be  caused  to  be  made  by  the  municipality. 
Within  a  reasonable  time,  not  exceeding  one  year,  after  the 
time  fixed  for  such  hearing  in  such  notice,  the  commission 
shall,  by  order,  fix  and  determine  and  certify  to  the  munici- 
pal council,  to  the  public  utility  and  to  any  bondholder, 
mortgagee,  lienor  or  other  creditor  appearing  upon  such 
hearing,  just  compensation  to  be  paid  for  the  taking  of  the 
property  of  such  public  utility  actually  used  and  useful  for 
the  convenience  of  the  public  and  all  other  terms  and  all 
conditions  of  sale  and  purchase  which  it  shall  ascertain  to 
be  reasonable.  The  compensation  and  other  terms  and  the 
conditions  of  sale  and  purchase  thus  certified  by  the  com- 
mission shall  constitute  the  compensation  and  terms  and 
conditions  to  be  paid,  followed  and  observed  in  the  pur- 
chase of  such  plant  from  such  public  utility.  Upon  the  fil- 
ing of  such  certificate  with  the  clerk  of  such  municipality 
the  exclusive  use  of  the  property  taken  shall  vest  in  such 
municipality. 

Ch.  499,  1907;  ch.  662,  1911. 

Appeal.  %  1797m— 83.  Any  public  utility  or  the  munici- 
pality or  any  bondholder,  mortgagee,  lienor  or  other  cred- 
itor of  the  public  utility,  being  dissatisfied  with  such  order, 
may  commence  and  prosecute  an  action  in  the  Circuit  Court 
to  alter  or  amend  such  order  or  any  part  thereof,  as  pro- 
vided In  §§  1797m— 64  to  1797m— 73,  inclusive,  and  said 
sections  so  far  as  applicable  shall  apply  to  such  action. 

Ch.  499,  1907;  ch.  662,  1911. 

//  decision  affirmed.  §  1797m— 84.  If  the  plaintiff  shall 
not  establish  to  the  full  satisfaction  of  the  court  that 
the  compensation  fixed  and  determined  in  such  order 
is  unlawful  or  that  some  of  the  terms  or  conditions  fixed 
and  determined  therein  are  in  some  particulars  un- 
reasonable, the  compensation,  terms  and  conditions  fixed 
in  said  order  shall  be  the  compensation,  terms  and  con- 


ditions to  be  paid,  followed  and  observed  in  the  purchase 
of  said   plant  from   such   public  utility. 

Ch.  499,  1907. 

//  decision  for  utility.  §  1797m— 85.  If  the  plaintiff 
shall  establish  to  the  full  satisfaction  of  the  court  and 
the  court  shall  adjudge  that  such  compensation  is  un- 
lawful or  that  some  of  such  terms  or  conditions  are 
unreasonable,  the  court  shall  remand  the  same  to  the 
commission  with  such  findings  of  fact  and  conclusions 
of  law  as  shall  set  forth  in  detail  the  reasons  for  such 
judgment  and  the  specific  particulars  in  which  such 
order  of  the  commission  is  adjudged  to  be  unreasonable 
or  unlawful. 

Ch.  499,   1907. 

Reconsideration  of  compensation.  %  1797m — 86.  1.  It 
the  compensation  fixed  by  the  previous  order  of  the 
commission  be  adjudged  to  be  unlawful,  the  commission 
shall  forthwith  proceed  to  set  a  rehearing  for  the  re- 
determination of  such  compensation  as  in  the  first 
instance. 

2.  The  commission  shall  forthwith  otherwise  alter 
and  amend  such  previous  order  with  or  without  a  re- 
hearing as  it  may  deem  necessary,  so  that  the  same 
shall  be  reasonable  and  lawful  in  every  particular. 

Ch.   499,   1907. 

Power  of  councils  to  regulate  utilities — Appeal.  §  1797m 
— 87.  Every  municipal  council  shall  have  power:  (1)  To 
determine  by  contract,  ordinance  or  otherwise  the  quality 
and  character  of  each  kind  of  product  or  service  to 
be  furnished  or  rendered  by  any  public  utility  furnishing 
any  product  or  service,  within  said  municipality  and  all 
other  terms  and  conditions  not  inconsistent  with  this 
Act  upon  which  such  public  utility  may  be  permitted 
to  occupy  the  streets,  highways  or  other  public  property 
within  such  municipality  and  such  contract,  ordinance 
or  other  determination  of  such  municipality,  shall  be  in 
force  and  prima  facie  reasonable.  Upon  complaint  made 
by  such  public  utility  or  by  any  qualified  complainant  as 
provided  in  §  1797m — 43,  the  commission  shall  set  a 
hearing  as  provided  in  §§  1797m— 45  and  1797 — 46,  and 
if  it  shall  find  such  contract,  ordinance  or  other  deter- 
mination to  be  unreasonable,  such  contract,  ordinance  or 
other  determination  shall  be  void. 

(2)  To  require  of  any  public  utility  by  ordinance  or 
otherwise  such  additions  and  extensions  to  Its  physical 
plant  within  said  municipality  as  shall  be  reasonable 
and  necessary  in  the  interest  of  the  public,  and  to 
designate  the  location  and  nature  of  all  such  additions 
and  extensions,  the  time  within  which  they  must  be 
completed  and  all  conditions  under  which  they  must 
be  constructed  subject  to  review  by  the  commission  as 
provided  in  subdivision  i  of  this  section. 

(3)  To  provide  for  a  penalty  for  non-compliance  with 
the  provisions  of  any  ordinance  or  resolution  adopted 
pursuant  to  the  provisions  hereof. 

(4)  The  power  and  authority  granted  in  this  section 
shall  exist  and  be  vested  in  said  municipalities  anything 
in   this   Act   to  the   contrary   notwithstanding. 

Ch.   499,   1907. 

Franks  and  privileges  to  political  committees  and  candi- 
dates—Penalty. §  1797m— 88.  1.  No  public  utility  or  any 
agent  or  officer  thereof,  or  any  agent  or  officer  of  any 
municipality  constituting  a  public  utility  as  defined  in 
this  Act,  shall  offer  or  give  for  any  purpose  to  any 
political  committee  or  any  member  or  employe  thereof, 
to  any  candidkte  for  or  incumbent  of  any  office  or 
position  under  the  constitution  or  laws  or  under  any 
ordinance  of  any  municipality  of  this  State,  or  to  any 
person  at  the  request,  or  for  the  advantage  of  all  or 
any  of  them,  any  frank  or  any  privilege  withheld  from 
any  person  for  any  product  or  service  produced,  trans- 
mitted, delivered,  furnished  or  rendered,  or  to  be  pro- 
duced, transmitted,  delivered,  furnished  or  rendered  by 
any  public  utility,  or  the  conveyance  of  any  telephone 
message  or  communication  or  any  free  product  or  service 
whatsoever. 

2.  No  political  committee  and  no  member  or  em- 
ploye thereof,  no  candidate  for  and  no  incumbent  of  any 
office  or  position  under  the  constitution  or  laws  or 
under  any  ordinance  of  any  town  or  municipality  of 
this  State,  shall  ask  for  or  accept  from  any  public  utility 
or  any  agent  or  officer  thereof,  or  any  agent  or  oflScer 
of    any    municipality    constituting    a    public    utility    as 


1482 


National  Association  of  Railway  Commissioners 


defined  In  this  Act,  or  use  In  any  manner  or  for  any 
purpose  any  frank  or  privilege  wittiheld  from  any  person, 
for  any  product  or  service  produced,  transmitted,  deliv- 
ered, furnished  or  rendered  or  to  be  produced,  trans- 
mitted, delivered,  furnished  or  rendered  by  any  public 
utility,  or  the  conveyance  of  any  telephone  message  or 
communication. 

3.  Any  violation  of  any  of  the  provisions  of  this 
section  shall  be  punished  by  imprisonment  in  the  State 
prison  not  more  than  five  years  nor  less  than  one  year 
or  by  fine  not   exceeding  $1,000   nor   less   than   J200. 

Ch.  499,   1907. 

Unjust  discrimination — Definition  and  penalty.  §  1797m 
— 89.  1.  If  any  public  utility  or  any  agent  or  officer 
thereof,  or  an  oflJcer  of  any  municipality  constituting  a 
public  utility  as  defined  in  this  Act  shall,  directly  or 
indirectly,  by  any  device  whatsoever  or  otherwise,  charge, 
demand,  collect  or  receive  from  any  person,  firm  or 
corporation  a  greater  or  less  compensation  for  any  serv- 
ice rendered  or  to  be  rendered  by  it  in  or  affecting  or 
relating  to  the  production,  transmission,  delivery  or 
furnishing  of  heat,  light,  water  or  power  or  the  con- 
veyance of  telephone  messages  or  for  any  service  in 
connection  therewith  than  that  prescribed  in  the  pub- 
lished schedules  or  tariffs  then  in  force  or  established  as 
provided  herein,  or  than  it  charges,  demands,  collects 
or  receives  from  any  other  person,  firm  or  corporation 
for  a  like  and  contemporaneous  service,  such  public 
utility  shall  be  deemed  guilty  of  unjust  discrimination, 
which  is  hereby  prohibited  and  declared  to  be  unlawful, 
and  upon  conviction  thereof  shall  forfeit  and  pay  into 
the  State  treasury  not  less  than  $100  nor  more  than 
$1,000  for  each  offense;  and  such  agent  or  officer  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not   less   than   $50   nor  more   than   $100  for  each   offense. 

Ch.  499,  1907. 

Facilities  in  exchange  for  less  compensation,  prohibited 
— Exceptions.  §  1797m — 90.  It  shall  be  unlawful  for  any 
public  utility  to  demand,  charge,  collect  or  receive  from 
any  person,  firm  or  corporation  less  compensation  for 
any  service  rendered  or  to  be  rendered  by  said  public 
utility  in  consideration  of  the  furnishing  by  said  person, 
firm  or  corporation  of  any  part  of  the  facilities  incident 
thereto;  provided,  nothing  herein  shall  be  construed  as 
prohibiting  any  public  utility  from  renting  any  facilities 
incident  to  the  production,  transmission,  delivery  or 
furnishing  of  heat,  light,  water  or  power  or  the  convey- 
ance of  telephone  messages  and  paying  a  reasonable 
rental  therefor,  or  as  requiring  any  public  utility  to 
furnish  any  part  of  such  appliances  which  are  situated 
in  and  upon  the  premises  of  any  consumer  or  user, 
except  telephone  station  equipment  upon  the  subscribers' 
premises,  and  unless  otherwise  ordered  by  the  commis- 
sion meters  and  appliances  for  measurements  of  any 
product  or  service. 

Ch.  499,  1907;    ch.   213,  1909. 

Discriminations — Undue  preference — Penalty.  §  1797m 
— 91.  If  any  public  utility  make  or  give  any  undue  or 
unreasonable  preference  or  advantage  to  any  particular 
person,  firm,  or  corporation  or  shall  subject  any  par- 
ticular person,  firm  or  corporation  to  any  undue  or 
unreasonable  prejudice  or  disadvantage  in  any  respect 
whatsoever,  such  public  utility  shall  be  deemed  guilty 
of  unjust  discrimination,  which  is  hereby  prohibited  and 
declared  unlawful. 

Exceptions.  The  furnishing  by  any  public  utility  of 
any  product  or  service  at  the  rates  and  upon  the  terms 
and  conditions  provided  for  in  any  existing  contract 
executed  prior  to  April  1,  1907,  shall  not  constitute  a 
discrimination  within  the  meaning  specified.  Any  person, 
firm  or  corporation  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  $50  nor  more  than  $1,000  for  each  offense. 

Ch.  499,  1907. 

Rebates,  concessions  and  discriminations  —  Penalty. 
§  1797m — 92.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  knowingly  to  solicit,  accept  or  receive  any 
rebate,  concession  or  discrimination  in  respect  to  any 
service  in  or  affecting  or  relating  to  the  production, 
transmission,  delivery  or  furnishing  of  heat,  light,  water 


II 


or  power  or  the  conveying  of  telephone  messages  within 
this  state,  or  for  any  service  in  connection  therewith 
whereby  any  such  service  shall,  by  any  device  whatso- 
ever, or  otherwise,  be  rendered  free  or  at  a  less  rate 
than  that  named  in  the  published  schedules  and  tariffs 
in  force  as  provided  herein,  or  whereby  any  service  or 
advantage  is  received  other  than  is  herein  specified. 
Any  person,  firm  or  corporation  violating  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  $50  nor  more  than  $1,000  for  each  offense. 
Ch.   499,   1907. 

Utilities'  liability  for  damages.  §  1797m — 93.  If  any  pub- 
lic utility  shall  do  or  cause  to  be  done  or  permit  to  be 
done  any  matter,  act  or  thing  in  this  Act  prohibited  or 
declared  to  be  unlawful,  or  shall  omit  to  do  any  act, 
matter  or  thing  required  to  be  done  by  it,  such  pubic 
utility  shall  be  liable  to  the  person,  firm,  or  corporation 
injured  thereby  in  treble  the  amount  of  damages  sus- 
tained in  consequence  of  such  violation;  provided,  that 
any  recovery  as  in  this  section  provided  shall  in  no 
manner  affect  a  recovery  by  the  State  of  the  pen 
prescribed  for  such  violation. 

Ch.   499,   1907. 

Information,  papers  and  accounting — Delinquency  penal. 
§  1797m — 94.  Any  officer,  agent  or  employe  of  any  public 
utility  or  of  any  municipality  constituting  a  public  utili  y 
as  defined  in  this  Act  who  shall  fail  or  refuse  to  fU 
out  and  return  any  blanks  as  required  by  this  Act,  or 
shall  fail  or  refuse  to  answer  any  question  therein 
propounded,  or  shall  knowingly  or  wilfully  give  a  fals  e 
answer  to  any  such  question  or  shall  evade  the  answ<  r 
to  any  such  question  where  the  fact  inquired  of  s 
within  his  knowledge  or  who  shall,  upon  proper  deman  1, 
fail  or  refuse  to  exhibit  to  the  commission  or  any  cor  i- 
missioner  or  any  person  authorized  to  examine  the  sam  !, 
any  book,  paper,  account,  record,  or  memoranda  of  suci 
public  utility  which  is  in  his  possession  or  under  h  s 
control  or  who  shall  fail  to  properly  use  and  keep  h:  a 
system  of  accounting  or  any  part  thereof  as  prescribe  1 
by  the  commission,  or  who  shall  refuse  to  do  any  a(  t 
or  thing  in  connection  with  such  system  of  accountin  i 
when  so  directed  by  the  commission  or  its  authorize  I 
representative,  shall  be  deemed  guilty  of  a  misdemeanc  r 
and  upon  conviction  thereof  shall  be  punished  by  a  fin  ; 
of  not  less  than  $1,000  for  each  offense. 

(2)  And  a  penalty  of  not  less  than  $500  nor  mor  J 
than  $1,000  shall  be  recovered  from  the  public  utility  fc  r 
each  such  offense  when  such  officer,  agent  or  employ  ? 
acted  in  obedience  to  the  direction,  instruction  or  reqq 
of  such   public   utility  or  any   general   officer  thereof. 

Ch.    499,   1907. 

Violations  in  general,  penalty — Utility  responsible  fc  r 
agents.  %  1797m — 95.  1.  If  any  public  utility  shall  violate 
any  provision  of  this  Act,  or  shall  do  any  act  here!  i 
prohibited  or  shall  fail  or  refuse  to  perform  any  dut  / 
enjoined  upon  it  for  which  a  penalty  has  not  bee  i 
provided,  or  shall  fail,  neglect  or  refuse  to  obey  an  f 
lawful  requirement  or  order  made  by  the  commissio  i 
or  the  municipal  council  or  any  judgment  or  decre  3 
made  by  any  court  upon  its  application,  for  every  sue  i 
violation,  failure  or  refusal  such  public  utility  shall  fo  - 
felt  and  pay  into  the  treasury  a  sum  not  less  than  $109 
nor   more   than   $1,000   for  each  offense. 

2.  In  construing  and  enforcing  the  provisions  of  this 
section,  the  act,  omission  or  failure  of  any  officer,  agent 
or  other  person  acting  for  or  employed  by  any  public 
utility  acting  within  the  scope  of  his  employment  sha  1 
in  every  case  be  deemed  to  be  the  act,  omission  or 
failure   of   such   public   utility. 

Ch.  499,  1907. 

Municipal  officers — Delinquency,  penalty.  §  1797m — 9i!. 
If  any  officer  of  any  town,  village  or  city  constituting  a 
public  utility  as  defined  in  this  Act  shall  do  or  cause 
to  be  done  or  permit  to  be  done  any  matter,  act  or 
thing  in  this  Act  prohibited  or  declared  to  be  unlawful, 
or  shall  omit,  fail,  neglect  or  refuse  to  do  any  act, 
matter  or  thing  required  by  this  Act  of  such  officer  to 
be  done,  or  shall  omit,  fail,  neglect  or  refuse  to  perform 
any  duty  enjoined  upon  him  and  relating  directly  or  indi- 
rectly to  the  enforcement  of  this  Act,  or  shall  omit,  fall, 
neglect  or  refuse  to  obey  any  lawful  requirement  or  order 


^11 


Public  Service  Laws 


1483 


made  by  the  commission  or  any  judgment  or  decree  made 
by  the  court  upon  its  application,  for  every  such  violation, 
failure  or  refusal  such  officer  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  $50  nor  more  than  $500. 

Ch.  499,  1907. 

Interference  with  commission's  equipment — Penalty. 
§  1797m — 97.  1.  Any  person  who  shall  destroy,  injure  or 
interfere  with  any  apparatus  or  appliance  owned  or  oper- 
ated by  or  in  charge  of  the  commission  or  its  agent  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
shall  be  punished  by  a  fine  not  exceeding  $100  or  im- 
prisonment for  a  period   not   exceeding  30   days,  or  both. 

2.  Any  public  utility  permitting  the  destruction,  injury 
to,  or  interference  with,  any  such  apparatus  or  appliance 
shall  forfeit  a  sum  not  exceeding  $1,000  for  each  offense. 

Ch.  499,  1907. 

What  constitutes  a  separate  and  distinct  violation. 
§  1797m— 98.  Every  day  during  which  any  public  utility 
or  any  officer,  agent  or  employe  thereof  shall  fail  to 
observe  and  comply  with  any  order  or  direction  of  the 
commission  or  to  perform  any  duty  enjoined  by  this  Act 
shall  constitute  a  separate  and  distinct  violation  of  each 
order  or  direction  or  of  this  Act  as  the  ease  may  be. 

Ch.  499,  1907. 

Temporary  alteration  or  suspension  of  rates.  §  1797m 
— 99.  1.  The  commission  shall  have  power,  when  deemed 
by  it  necessary  to  prevent  injury  to  the  business  or 
interests  of  the  people  or  any  public  utility  of  this  State 
in  case  of  any  emergency,  to  be  judged  of  by  the  commis- 
sion, to  temporarily  alter,  amend,  or,  with  the  consent  of 
the  public  utility  concerned,  suspend  any  existing  rates, 
schedules  and  order  relating  to  or  affecting  any  public 
utility  or  part  of  any  public  utility  in  this  State. 

2.  Such  rates  so  made  by  the  commission  shall  apply 
to  one  or  more  of  the  public  utilities  in  this  State  or  to 
any  portion  thereof  as  may  be  directed  by  the  commission, 
and  shall  take  effect  at  such  time  and  remain  in  force  for 
such  length  of  time  as  may  be  prescribed  by  the  com- 
mission. 

Ch.  499,  1907. 

Permanent  rate  regulation.  §  1797m — 100.  Whenever, 
after  hearing  and  investigation  as  provided  in  this  Act,  the 
commission  shall  find  that  any  rate,  toll,  charge,  regulation 
or  practice  for,  in  or  affecting  or  relating  to  the  production, 
transmission,  delivering  or  furnishing  of  heat,  light,  water 
or  power  or  the  conveying  of  any  telephone  message  or  any 
service  in  connection  therewith  not  hereinbefore  specifically 
designated,  is  unreasonable  or  unjustly  discriminatory,  it 
shall  have  the  power  to  regulate  the  same  as  provided  in 
§§  1797m— 43  to  1797m— 51  and  §§  1797m— 60  to  1797m— 62. 
inclusive. 

Ch.  499,  1907. 

Accidents  resulting  in  death — Utility  to  report — Investi- 
gation. §  1797m — 101.  1.  Every  public  utility  shall,  when- 
ever an  accident  attended  with  loss  of  human  life  occurs 
within  this  State  upon  its  premises  or  directly  or  indirectly 
arising  from  or  connected  with  its  maintenance  or  opera- 
tion, give  immediate  notice  thereof  to  the  commission. 

2.  In  the  event  of  any  such  accident  the  commission, 
if  it  deem  public  interest  require,  shall  cause  an  investiga- 
tion to  be  made  forthwith,  which  investigation  shall  be 
held  in  the  locality  of  the  accident,  unless  for  greater  con- 
venience of  those  concerned  it  shall  order  such  investiga- 
tion to  be  held  at  some  other  place;  and  said  investigation 
may  be  adjourned  from  place  to  place  as  may  be  found 
necessary  and  convenient.  The  commission  shall  season- 
ably notify  the  public  utility  of  the  time  and  place  of  the 
investigation. 

Ch.  499,  1907. 

Enforcement,  aid  —  Attorney-general's  duty  — Prosecu- 
tions— Court  jurisdiction.  §  1797m — 102.  1.  The  commis- 
sion shall  inquire  into  any  neglect  or  violation  of  the  laws 
of  this  State  by  any  public  utility  doing  business  therein, 
or  by  the  officers,  agents  or  employes  thereof  or  by  any 
person  operating  the  plant  of  any  public  utility,  and  shall 
have  the  power  and  it  shall  be  its  duty  to  enforce  the  pro- 
visions of  this  Act  as  well  as  all  other  laws  relating  to 
public  utilities,  and  to  report  all  violations  thereof  to  the 
attorney-general. 

2.  Upon  the  request  of  the  commission  it  shall  be  the 
duty  of  the  attorney-general  or  the  district  attorney  of  the 
proper  county  to  aid  in  any  investigation,  hearing  or  trial 


had  under  the  provisions  of  this  Act,  and  to  institute  and 
prosecute  all  necessary  actions  or  proceedings  for  the  en- 
forcement of  this  Act  and  of  all  other  laws  of  this  titate 
relating  to  public  utilities  and  for  the  punishment  of  all 
violations  thereof. 

3.  Any  forfeiture  or  penalty  herein  provided  shall  bo 
recovered  and  suit  therein  shall  be  brought  in  the  name  of 
the  State  of  Wisconsin  in  the  Circuit  Court  for  Dane 
County.  Complaint  for  the  collection  of  any  such  forfeiture 
may  be  made  by  the  commission  or  any  member  thereof, 
and  when  so  made  the  action  so  commenced  shall  be  prose- 
cuted by  the  attorney-general. 

4.  The  commission  shall  have  authority  to  employ 
counsel  in  any  proceeding,  investigation,  hearing  or  trial. 

Ch.  499,  1907. 

Commission's  acts — Technical  omissions.  §  1797m — 103. 
A  substantial  compliance  with  the  requirements  of  this  Act 
shall  be  sufficient  to  give  effect  to  all  the  rules,  orders. 
Acts  and  regulations  of  the  commission  and  they  shall  not 
be  declared  inoperative,  illegal  or  void  for  any  omission  of 
a  technical  nature  in  respect  thereto. 

Ch.  499,  1907. 

Other  rights  of  action — Penalties  cumulative.  §  1797m 
— 104.  This  Act  shall  not  have  the  effect  to  release  or 
waive  any  right  of  action  by  the  State  or  by  any  person  for 
any  right,  penalty  or  forfeiture  which  may  have  arisen  or 
which  may  hereafter  arise,  under  any  law  of  this  State; 
and  all  penalties  and  forfeitures  accruing  under  this  Act 
shall  be  cumulative,  and  a  suit  for  any  recovery  of  one 
shall  not  be  a  bar  to  the  recovery  of  any  other  penalty. 

Ch.  499,  1907. 

Rates  of  April,  1907,  to  govern — Reports — Proceedings  to 
change.  §  1797m — 105.  1.  Unless  the  commission  shall 
otherwise  order,  it  shall  be  unlawful  for  any  public  utility 
within  this  State  to  demand,  collect  or  receive  a  greater 
compensation  for  any  service  than  the  charge  fixed  on  the 
lowest  schedules  of  rates  for  the  same  service  on  the  first 
day  of  April,  1907. 

2.  Every  public  utility  in  this  State  shall,  within  30 
days  after  the  passage  and  publication  of  this  Act,  file  In 
the  office  of  the  commission,  copies  of  all  schedules  of  rates 
and  charges,  including  joint  rates,  in  force  on  the  first  day 
of  April,  1907,  and  all  rates  in  force  at  any  time  subsequent 
to  said  date. 

3.  Any  public  utility  desiring  to  advance  or  discontinue 
any  such  rate  or  rates  may  make  application  to  the  com- 
mission In  writing,  stating  the  advance  in  or  discontinua- 
tion of  the  rate  or  rates  desired,  giving  the  reasons  for 
such  advance  or  discontinuation. 

4.  Upon  receiving  such  application  the  commission  shall 
fix  a  time  and  place  for  hearing  and  give  such  notice  to 
interested  parties  as  it  shall  deem  proper  and  reasonable. 
If,  after  such  hearing  and  investigation,  the  commission 
shall  find  that  the  change  or  discontinuation  applied  for  is 
reasonable,  fair  and  just,  it  shall  grant  the  application 
either  in  whole  or  in  part. 

5.  Any  public  utility  being  dissatisfied  with  any  order 
of  the  commission  made  under  the  provisions  of  this  section 
may  commence  an  actI.on  against  it  in  the  Circuit  Court  in 
the  manner  provided  in  §§  1797m — 64  to  1797m — 73,  inclu- 
sive, of  this  Act,  which  action  shall  be  tried  and  determined 
in  the  same  manner  as  Is  provided  in  said  sections. 

Ch.  499,  1907. 

Employes  of  commission.  §  1797m — 106.  The  employ- 
ment of  agents,  experts,  engineers,  accountants,  examiners 
or  assistants  by  the  commission  as  provided  In  this  Act, 
and  the  payment  of  their  compensation  and  traveling  and 
other  expenses,  shall  be  under  the  provisions  of  §  1,  chapter 
362  of  the  Laws  of  1905,  and  Acts  amendatory  thereof. 

Appropriation.  §  1797m — 107.  A  sum  sufficient  to  carry 
out  the  provisions  of  this  Act  is  appropriated  out  of  any 
money  in  the  State  treasury  not  otherwise  appropriated. 

Ch.  499,  1907;  ch.  450,  1909. 
Conflicting  laxos  repealed.     §  1797m — 108.     All  Acts  and 
parts  of  Acts  conflicting  with  the  provisions  of  this  Act 
are  repealed  in  so  far  as  they  are  inconsistent  herewith. 

Ch.  499,  1907. 

*Repeal.  §  925 — 97a,  Statutes  of  1898,  chapter  389,  Laws  of 
1905,  and  chapter  459,  Laws  of  1905,  are  repealed. 

Ch.  499,  1907. 

•Not  Included  In  section. 

Railroad  commission — Notices — Certification.  §  1797m — 
109.     Whenever  the  railroad  commission  of  Wisconsin  is 


J  ATrONAL  Association  op  RAitWAY  Commissioxers 


1| 


required  to  issue  notices  of  mvestlgatlons,  notices  of  hear-  All  Acts  or  parts  of  Acts  conflicting  with  any  provisioni 

ing  or  to  certify  to  copies  of  the  records  of  the  commission,  of  this  Act  are  repealed  in  so  far  as  they  are  inconsisten 

such  notices  of  certification  may  be  issued  by  any  member  therewith.                                                                 inconsisieni 

of  the  commission  or  by  the  secretary  of  the  commission.  Ch.  248,  1909. 


PUBLIC  SERVICE  LAWS  OF  WYOMING 


ARTICLE  I. 

DECLARATION   OF  BIGHTS. 

Monopolies  and  perpetuities  prohibited.  §  30.  Perpetut 
ties  and  monopolies  are  contrary  to  the  genius  of  a 
free  State,  and  shall  not  be  allowed.  Corporations 
being  creatures  of  the  State,  endowed  for  the  public 
good  -with  a  portion  of  Its  sovereign  powers,  must  be 
subject   to   its   control. 

Eminent  domain.  §  32.  Private  property  shall  not  be 
taken  for  private  use  unless  by  consent  of  the  owner, 
except  for  private  ways  of  necessity,  and  for  reser- 
voirs, drains,  flumes  or  ditches  on  or  across  the  lands  of 
others  for  agricultural,  mining,  milling,  domestic  or 
sanitary  purposes,  nor  in  any  case  without  due  com- 
pensation. 

ARTICLE  IIL 

LEGISLATIVE   DEPARTMENT. 

Laivs — Special  and  local  prohibited.  §  27.  The  legisla- 
ture shall  not  pass  local  or  special  laws  in  any  of  the  fol- 
lowing enumerated  cases,  that  is  to  say:  Granting  to  any 
corporation,  association  or  individual  the  right  to  lay 
down  railroad  tracks  or  any  special  or  exclusive  privi- 
lege, immunity  or  franchise  whatever,  or  amending  exist- 
ing charter  for  such  purpose;  for  punishment  of  crimes; 
changing  the  names  of  persons  or  places  for  the  assess- 
ment or  collection  of  taxes;  affecting  estates  of  de- 
ceased persons,  minors  or  others  under  legal  disabili- 
ties; extending  the  time  for  the  collection  of  taxes; 
refunding  money  paid  into  the  State  treasury;  relinquish- 
ing or  extinguishing,  in  whole  or  part,  the  indebtedness, 
liabilities  or  obligation  of  any  corporation  or  person 
to  this  State  or  to  any  municipal  corporation  therein; 
exempting  property  from  taxation,  restoring  to  citizen- 
ship persons  convicted  of  Infamous  crimes;  authorizing 
the  creation,  extension  or  imparing  of  liens;  creating 
offices,  or  prescribing  the  powers  or  duties  of  oflices  in 
counties,  cities,  townships  or  school  districts,  or  authoriz- 
ing the  adoption  or  legitimation  of  children.  In  all 
other  cases  where  a  general  law  can  be  made  applicable 
no  special  law  shall  be  enacted. 

Aid  to  railroads  prohibited.  §  39.  The  legislature  shall 
have  no  power  to  pass  any  law  authorizing  the  State 
or  any  county  in  the  State  to  contract  any  debt  or 
obligation  in  the  construction  of  any  railroad,  or  give 
or  loan  its  credit  to  or  in  aid  of  the  construction  of  the 
same. 

Debts  to  State  cannot  be  released.  §  40.  No  obligation 
of  any  person,  association  or  corporation,  held  or  owned 
by  the  State,  or  any  municipal  corporation  therein,  shall 
ever  be  exchanged,  transferred,  remitted,  released  or 
postponed,  or  in  any  -way  diminished  by  the  legislature, 
nor  shall  such  liability  or  obligation  be  extinguished, 
except  by  the  payment  thereof  Into  the  proper  treasury. 

ARTICLE  X. 

CORPORATIONS. 

Creation  of.  §  1.  The  legislature  shall  provide  for  the 
organization  of  corporations  by  general  law.  All  laws 
relating  to  corporations  may  be  altered,  amended  or  re- 
pealed by  the  legislature  at  any  time  when  necessary 
for  the  public  good  and  general  welfare,  and  all  cor- 
porations doing  business  in  this  State  may  as  to  such 
business  be  regulated,  limited  or  restrained  by  law, 
not  in  conflict  with  the  constitution  of  the  United  States. 

Under  control  of  State.  §  2.  All  powers  and  franchises 
of  corporations  are  derived  from  the  people  and  are 
granted  by  their  agent,  the  government,  for  the  public 
good  and  general  welfare,  and  the  right  and  duty  of  the 
State  to  control  and  regulate  them  for  these  purposes  is 
hereby  declared.  The  power,  rights  and  privileges  of 
any  and  all  corporations  may  be  forfeited  by  wilful 
neglect  or  abuse  thereof.  The  public  power  of  the 
State  is  supreme  over  all  corporations  as  well  as  in- 
dividuals. 


I 


Forfeited  charters.  §  3.  All  existing  charters,  fran 
chlses,  special  or  exclusive  privileges  which  an  actual  and 
bona  fide  organization  shall  not  have  taken  place  foi 
the  purpose  for  which  formed  and  which  shall  not  have 
been  maintained  in  good  faith  to  the  time  of  the  adop 
tion  of  this  constitution  shall  thereafter  have  no  validity. 

Damages— No  limit.  §  4.  No  laws  shall  be  enacted  11m 
Iting  the  amount  of  damages  to  be  recovered  for  causing 
the  injury  or  death  of  any  person.  Any  contract  or 
agreement  with  any  employe  waiving  any  right  to  re- 
cover damages  for  causing  the  death  or  injury  of  any 
employe   shall   be  void. 

Acceptance  of  constitution.  §  5.  No  corporation  orijan- 
Ized  under  the  laws  of  Wyoming  Territory  or  any  other 
jurisdiction  than  this  State  shall  be  permitted  to  trans  act 
business  in  this  State  until  it  shall  have  accepted  the 
constitution  of  this  State  and  filed  such  acceptance  in 
accordance  with  the  laws  thereof. 

But  one  line  of  business  permitted.  §  6.  No  corporal  ion 
shall  have  power  to  engage  in  more  than  one  gem  ral 
line  or  department  of  business,  which  line  of  business 
shall  be  distinctly  specified  in  its  charter  of  incorpc  ra- 
tion. 

Common  carriers,  who  are.  §  7.  All  corporations  en- 
gaged in  the  transportation  of  persons,  property,  mine  ral 
oils  and  mineral  products,  news  or  intelligence,  includ  ng 
railroads,  telegraphs,  express  companies,  pipe  lines  i  nd 
telephone,  are  declared  to  be   common  carriers. 

Trusts  prohibited.  §  8.  There  shall  be  no  consolidat  on 
or  combination  of  corporations  of  any  kind  whatever  to 
prevent  competition,  to  control  or  influence  producti<  ns 
or  prices  thereof,  or  in  any  manner  to  interfere  w  th 
the  public  good  and  general  welfare. 

Eminent  domain.  §  9.  The  right  of  eminent  dom;  in 
shall  never  be  so  abridged  or  construed  as  to  prevt  nt 
the  legislature  from  taking  property  and  franchises  of 
incorporated  companies  and  subjecting  them  to  put  lie 
use   the   same   as    the    iH-operty    of   individuals. 

Mutual  associations.    §  10.    The  legislature  shall  prov  d« 
by    suitable    legislation    for    the    organization   of    mu 
and  co-operative  associations  or  corporations. 


rov  da 

II 


RAILROADS. 

Powers  and  rights  of  railroads.    §1.    Any  railroad' 

poratlon  or  association  organized  for  the  purpose  sh  ill* 
have  the  right  to  construct  and  operate  a  railroad  '<e- 
tween  any  points  within  this  State  and  to  connect  at 
the  state  line  with  railroads  of  other  States.  Ev«  ry 
railroad  shall  have  the  right  with  Its  road  to  interse  ;t, 
connect  with  or  cross  any  other  railroad,  and  all  rf  il- 
roads  shall  receive  and  transport  each  other's  passi  n- 
gers,  and  tonnage  and  cars,  loaded  or  empty,  without 
delay  or  discrimination. 

Are  common  carriers.  §  2.  Railroad  and  telegraph  lit  es 
heretofore  constructed,  or  that  may  hereafter  be  c(  n- 
structed  in  this  State,  are  hereby  declared  public  hij  fa- 
ways  and  common  carriers,  and  as  such  must  be  male 
by  law  to  extend  the  same  equality  and  impartiality  to 
all  who  use  them,  excepting  employes  and  their  families, 
and  ministers  of  the  gospel,  whether  indlvldualsj 
corporations. 

Reports  to  auditor  of  State.  §  3.  Every  railroad  co# 
ration  or  association  operating  a  line  of  railroad  within 
this  State  shall  annually  make  a  report  to  the  auditor 
of  State  of  its  business  within  this  State,  in  such  form 
as    the    legislature   may   prescribe. 

Eminent  domain.  §  4.  Exercise  of  the  power  and  right 
of  eminent  domain  shall  never  be  so  construed  or 
abridged  as  to  prevent  the  taking  by  the  legislature  of 
property  and  franchises  of  Incorporated  companies  and 
subjecting  them  to  public  use  the  same  as  property  of 
individuals. 

Aid  to,  prohibited.  §  5.  Neither  the  State  nor  any 
county  township,  school  district  or  municipality  shall 
loan  or  give  its  credit  or  make  donations  to  or  in   aid 


allies, 

11 


Public  Service  Ijaws 


1485 


of  any  railroad  or  telegraph  line:  Provided,  that  this 
section  shall  not  apply  to  obligations  of  any  county, 
city  township  or  school  district  contracted  prior  to  the 
adoption  of  this  constitution. 

Acceptance  of  constitution.  §  6.  No  railroad  or  other 
transportation  company  or  telegraph  company  in  exist- 
ence upon  the  adoption  of  this  constitution  shall  derive 
the  benefit  of  any  future  legislation  without  first  filing 
In  the  otfice  of  the  secretary  of  State  an  acceptance 
of   the   provisions   of   this   constitution. 

Rights  of  telegraph  lines.  §  7.  Any  association,  corpo- 
ration or  lessee  of  the  franchises  thereof  organized  for  the 
purpose  shall  have  the  right  to  construct  and  maintain 
lines  of  telegraph  within  this  State,  and  to  connect  the 
same   with   other   lines. 

Agents  for — Must  have.  §  8.  No  foreign  railroad  or 
telegraph  line  shall  do  any  business  within  this  State 
without  having  an  agent  or  agents  within  each  county 
through  which  such  railroad  or  telegraph  line  shall  be 
constructed,   upon   whom   process   may   be   served. 

Depots— Location  of.  §  9.  No  railroad  company  shall 
construct  or  operate  a  railroad  within  4  miles  of  any 
existing  town  or  city  without  providing  a  suitable  depot 
or  stopping  place  at  the  nearest  practicable  point  for 
the  convenience  of  said  town  or  city,  and  stopping  all 
trains  doing  local  business  at  said  stopping  place.  No 
railroad  company  shall  deviate  from  the  most  direct 
practicable  line  in  constructing  a  railroad  for  the  purpose 
of  avoiding  the  provisions  of  this  section. 

ARTICLE  XIII. 

MUNICIPAL   COKPOBATIONS. 

Franchises.  §  4.  No  street  passenger  railway,  telegraph, 
telephone  or  electric  light  line  shall  be  constructed 
within  tlie  limits  of  any  municipal  organization  without 
the   consent   of  its   local   authorities. 

ARTICLE  XIX. 

CONCERNING    LABOR. 

Day's  ivork.  §  1.  Eight  hours'  actual  work  shall  consti- 
tute a  lawful  day's  v/ork  in  all  mines,  and  on  all  State  and 
municipal  works. 

LABOR  ON  PUBLIC  WORKS. 

Who  shall  not  tie  employed.  §  1.  No  person  not  a  citizen 
of  the  United  States  or  who  has  not  declared  his  Intentions 
to  become  such  shall  be  employed  upon  or  in  connection 
with  any  State,  county  or  municipal  works  or  em- 
ployment. 

POLICE  POWERS. 

Imported.  §  1.  No  armed  police  force,  or  detective 
agency,  or  armed  body,  or  unarmed  body  of  men,  shall 
ever  be  brought  into  this  State  for  the  supression  of 
domestic  violence,  except  upon  the  application  of  the 
legislature  or  executive  when  the  legislature  cannot  be 
convened. 

LABOR  CONTRACTS. 

Prohibtion  of  certain  kinds.  §  1.  It  shall  be  unlawful 
for  any  person,  company  or  corporation  to  require  of 
its  servants  or  employes  as  a  condition  of  their  em- 
ployment, or  otherwise,  any  contract  or  agreement, 
whereby  such  person,  company  or  corporation  shall  be 
released  or  discharged  from  liability  or  responsibility  on 
account  of  personal  injuries  received  by  such  servants 
or  employes,  while  in  the  service  of  such  person,  com- 
pany or  corporation,  by  reason  of  the  negligence  of 
such  person,  company  or  corporation,  or  the  agents  or 
employes  thereof,  and  such  contracts  shall  be  absolutely 
null   and   void. 

STATUTE  LAW. 

"Wyoming  is  one  of  the  States  that  do  not  have  any 
railroad  or  corporation  commission,  but  depend  upon  the 
individual  citizen  for  the  enforcement  of  their  laws 
relating  to  common  carriers.  Among  the  statutory  laws 
relating  to  common  carriers  are  the  following: 

CHAPTER  279. 

RAILROAD  CORPORATIONS. 

Powers  conferred  and  methods  of  exercising  them.  §  4194. 
Every  railroad  company  organized  under  the  general 
incorporation  laws  of  this  State  shall  have  power  and 
is  hereby  authorized  to  mortgage  or  execute  deeds  of 
trust,  in   whole   or  part,  of  the  real   and  personal  prop- 


erty and  franchises,  including  its  lands  or  other  property 
granted  to  said  company  by  the  United  States  or  any 
State  or  Territory,  to  secure  money  borrowed  by  them 
for  the  construction  and  equipment  of  their  roads,  and 
may  also  issue  their  corporate  bonds  in  sums  not  less 
than  $1,000;  to  make  all  of  said  mortgages  or  deeds  of 
trust  payable  to  bearer  or  otherwise,  negotiable  by  de- 
livery, bearing  interest  at  rates  not  to  exceed  10  per 
centum  per  annum,  convertible  into  stock  or  not,  at 
the  option  of  the  holder,  and  may  sell  the  same  at  such 
rates  as  they  may  deem  proper,  and,  if  said  bonds  shall 
be  sold  below  their  nominal  or  par  value,  they  shall 
be  valid  and  binding  upon  the  company,  and  no  plea 
of  usury  shall  be  put  in  or  allowed  by  said  company  in 
any  suit  or  proceeding  upon  the  same.  The  principal 
and  interest  of  said  bonds  or  either  of  them  may  be 
made  payable  within  or  without  this  State  at  such  place  as 
may  be  determined  upon  by  said  company.  (R.  S.  1887, 
§549;    R.   S.   1899,   §3201). 

Mode  of  effecting  same.  §  4195.  Whenever  a  line  of 
railroad  or  any  railroad  company  in  this  State,  or  any 
portion  of  said  line,  has  been  constructed  so  as  to  con- 
nect with  any  two  or  more  of  such  roads,  said  companies 
are  hereby  authorized  to  consolidate  themselves  into  a 
single  corporation  in  the  manner  following:  The 
trustees  of  the  said  two  or  more  corporations  may  enter 
into  an  agreement  under  the  corporate  seal  of  each,  for 
the  consolidation  of  said  two  or  more  corporations,  pre- 
.  scribing  the  terms  or  conditions  thereof;  the  mode  of 
carrying  the  same  into  effect;  the  name  of  the  new 
corporation;  the  number  of  the  trustees  thereof,  which 
shall  not  be  less  than  seven;  the  time  and  place  of 
holding  the  first  election  of  trustees;  the  number  of 
shares  of  stock  in  the  new  corporation;  the  amount  of 
each  share;  the  manner  of  converting  the  shares  of 
capital  stock  in  each  of  said  two  or  more  corporations 
into  shares  in  such  new  corporation;  the  manner  of 
compensating  stockholders  in  each  of  said  two  or  more 
corporations  who  refuse  to  convert  their  stock  into  the 
stock  of  such  new  corporation,  with  such  other  details  as 
they  shall  deem  necessary  to  perfect  such  consolidation 
of  said  corporation;  and  such  new  corporations  shall 
possess  all  the  powers,  rights  and  franchises  conferred 
upon  such  said  two  or  more  corporations,  and  shall  be 
subject  to  all  the  restrictions,  and  perform  all  the 
duties  imposed  by  the  provisions  of  the  corporation 
laws  of  this  State:  Provided,  that  all  stockholders  in 
either  of  such  corporations,  who  shall  refuse  to  convert 
their  stock  into  the  stock  of  such  new  corporation,  shall 
be  paid  an  appraised  value  of  said  stock  at  the  date  of 
such  consolidation.     (R.  S.  1887,  §550;  R.  S.  1899,  §3202). 

When  consolidation  consummated.  §  4196.  Upon  mak- 
ing the  agreement  mentioned  In  the  preceding  section,  in 
the  manner  required  therein,  and  filing  a  duplicate  or 
counterpart  thereof  in  the  office  of  the  secretary  of 
State,  the  said  two  or  more  corporations  (mentioned  or 
referred  to  in  the  last  two  or  more  preceding  sections 
or  any  other  law  of  the  State)  shall  be  merged  in  the 
new  corporation  provided  for  in  such  agreement,  to  be 
known  by  the  corporate  name,  therein  mentioned,  and 
the  details  of  such  agreement  shall  be  carried  into 
effect  as  provided  therein.  (R.  S.  1887,  §551;  R.  S.  1899, 
§  3203.) 

Effect  of  consolidation  —  Rights  of  creditors.  §  4197. 
Upon  the  election  of  the  first  board  of  trustees  of  the 
corporation  created  by  the  agreement.  In  the  preceding 
section  mentioned,  and  by  the  provisions  of  this  chapter, 
all  and  singular  the  rights  and  franchises  of  each  and  all 
of  said  two  or  more  corporations,  parties  to  such  agree- 
ment and  all  and  singular  the  rights  and  interest  In 
and  to  every  species  of  property,  real,  personal  and 
mixed,  and  things  in  action  shall  be  deemed  to  be 
transferred  to  and  vested  in  such  new  corporation, 
without  any  other  deed  or  transfer,  and  such  new  cor- 
poration shall  hold  and  enjoy  the  same,  together  with 
right  of  way  and  all  other  rights  of  property  in  the 
same  manner  and  to  the  same  extent  as  if  the  said  two 
or  more  corporations,  parties  to  such  agreement,  should 
have  continued  to  retain  the  title  and  transact  the 
busines  of  such  corporations.  And  the  title  and  the 
real  estate  required  by  either  of  said  two  or  more 
corporations  shall  not  be  deemed  to  revert  or  be  im- 
paired by  means  of  anything  In  this  chapter  contained; 


1486 


National  Association  of  Railway  Commissioners 


Provided,  that  all  rights  of  creditors  and  all  liens  upon 
the  property  of  either  of  said  corporations  shall  be  and 
hereby  are  preserved  unimpaired,  and  the  respective 
corporations  shall  continue  to  exist  as  far  as  may  be 
necessary  to  enforce  the  same:  Provided,  further,  that 
all  debts,  liabilities  and  duties  of  either  company  shall 
henceforth  attach  to  such  new  corporation,  and  be  en- 
forced to  the  same  extent  and  in  the  same  manner  as  if 
such  debts,  liabilities  and  duties  had  been  originally 
Incurred  by  it.     (R.  S.  1887,  §  552;  R.  S.  1899,  §  3204.) 

Railroad  company  may  subscribe  to  capital  stock  of 
other  company.  §  4198.  Any  railroad  company  incorpo- 
rated under  the  generals  laws  of  this  State  may  at  any 
time,  by  means  of  subscription  to  the  capital  stock  of 
any  other  company  or  otherwise,  aid  such  company  in 
the  construction  of  its  road  for  the  purpose  of  forming 
a  connection  with  the  line  of  road  owned  by  such  other 
company.     (R.   S.  1887,   §553;    R.   S.   1899,   §3205.) 

Railroad  companies — Consolidation  by  purchase  of  lease. 
8  4199.  Any  railroad  company  now  or  hereafter  incorpo- 
rated pursuant  to  the  laws  of  this  State  or  of  the  United 
States,  or  of  any  State  or  Territory  of  the  United 
States  may  at  any  time,  by  means  of  subscription  to  the 
capital  stock  of  any  other  railroad  company,  or  by 
the  purchase  of  its  capital  stock  or  bonds,  or  by  guar- 
anteeing its  bonds,  or  otherwise,  aid  such  company 
in  the  construction  of  its  railroad  within  and  without 
this  State;  and  any  company  owning  or  operating  a 
raiload  within  this  State  may  extend  the  same  into  any 
other  State  or  Territory,  and  may  build,  buy,  lease  or  may 
consolidate  with  any  railroad  or  railroads  in  such 
other  State  or  Territory,  or  with  any  other  railroad  in 
this  State  and  may  operate  the  same,  and  may  own 
such  real  estate  and  other  property  in  such  other  State 
or  Territory  as  may  be  necessary  or  convenient  in  the 
operation  of  such  road;  or  any  railroad  company  may 
sell  or  lease  the  whole  or  any  part  of  its  railroad  or 
branches  within  this  State,  constructed  or  to  be  con- 
structed, together  with  all  property  and  rights,  privi- 
leges and  franchises  pertaining  tliereto,  to  any  rail- 
road company  organized  or  existing  pursuant  to  the 
laws  of  the  United  States  or  of  this  State  or  of  any 
other  State  or  Territory  of  the  United  States;  or  any 
railroad  company  incorporated  or  existing  under  the  laws  of 
the  United  States,  or  of  any  State  or  Territory  of  the 
United  States,  may  extend,  construct,  maintain  and 
operate  its  railroad,  or  any  portion  or  branch  thereof, 
into  and  through  this  State,  and  may  build  branches 
from  any  point  on  such  extension  to  any  place  or  places 
within  this  State;  and  the  railroad  company  of  any 
other  State  or  Territory,  or  of  the  United  States,  which 
shall  so  purchase  or  lease  a  railroad  or  any  part  thereof 
in  this  State,  or  shall  extend  or  construct  its  road 
or  any  portion  or  branch  thereof  in  this  State,  shall 
possess  and  may  exercise  and  enjoy,  as  to  the  control, 
management  and  operation  of  the  said  road,  and  as  to 
the  location,  construction  and  operation  of  any  ex- 
tension or  branch  thereof,  all  the  rights,  powers,  privi- 
leges and  franchises  possessed  by  any  raiiroad  corpora- 
tions organized  under  the  law  of  this  State,  including 
the  exercise  of  the  power  of  eminent  domain.  Such 
purchase,  sale,  consolidation  with,  or  lease  may  be  made 
or  such  aid  furnished  upon  such  terms  and  conditions 
as  may  be  agreed  upon  by  the  directors  or  trustees 
of  the  respective  companies;  but  the  same  shall  be  ap- 
proved or  ratified  by  persons  holding  or  representing  a 
majority  in  amount  of  the  capital  stock  of  each  of  such 
companies,  respectively,  at  any  annual  stockholders'  meet- 
ing or  at  a  special  meeting  of  the  stockholders  called 
for  that  purpose,  or  by  approval  in  writing  of  a  majority 
in  interest  of  the  stockholders  of  each  company  respect- 
ively; provided,  that  nothing  in  the  foregoing  provisions 
shall  be  held  or  construed  as  curtailing  the  right  of 
this  State  or  of  the  counties  through  which  any  such 
road  or  roads  may  be  located  to  levy  and  collect  taxes 
upon  the  same  and  upon  the  rolling  stock  thereof  in 
conformity  with  the  provisions  of  the  laws  of  this  State 
upon  that  subject;  and  all  roads  and  branches  thereof 
In  this  State,  so  consolidated  with,  purchased  or  leased, 
or  aided  or  extended  into  this  State,  shall  be  subject  to 
taxation  and  to  regulation  and  control  by  the  laws  of 
this  State,  in  all  respects  the  same  as  if  constructed  by 
corporations  organized  under  the  laws  of  this  State;  and 


any  corporation  of  another  State  or  Territory,  or  of  the 
United    States,    being   the    purchaser   or   lessee   of   a   rail- 
road   within   this   State  or   extending  its   railroad   or  any 
portion   thereof    into   or   through    this   State,   shall   estab- 
lish   and    maintain    an   office    or   offices   in    this    State   at 
some  point  or  points  on  its  line,  at  which  legal  process 
and  notice  may   be  served  as  upon  railroad  corporations 
of  this   state;   Provided,  further,  that  before  any  railroad 
corporation  organized  under  the  laws  of  any  other  State 
or   Territory   or  of  the  United   States  shall  be  permitted 
to   avail   itself  of  the   benefits   of   this   chapter   such  cor- 
porations   shall   file   with   the   secretary  of   State   a  true 
copy    of    its    charter    or    articles    of    incorporation.      Any 
consolidation    by    sale    or    otherwise,    or    any    lease,    or 
agreement   to   sell,   consolidate   with   or   lease   the    whole 
or  any  part  of  any  railroad  and  its  branch  lines,  organ- 
ized   under    the    laws    of    Wyoming    with    the    franchises 
appertaining  thereto,   to   any  railroad  company  organize  1 
or    existing   under   the   laws   of   the    United   States   or   ct 
Wyoming,   or   any  other   State  or  Territory,   or  any  cor.^^ 
solidation   between   such   companies   organized   under   tl|^H 
laws  of  the   United   States  or  of  Wyoming  or  any  othfl^l 
State    or    Territory,    and    a    corporation    organized    under 
the    laws    of    Wyoming    executed    prior    to    February    27, 
A.  D.  1890,  by  the  proper  officers  of  the  companies  partla^H 
to  each   sale,  lease  or  consolidation  or  contract,  is  herilH 
by  legalized  and   made  in  all  respects  valid  and  bindinij^ 
from   the   date  of  Its  execution.     (L.   1980,  ch.   18;    R.   S. 
1899,  §  3206.) 


am^l 


Right  of  way  over  State  lands.    §  4200.    Any  railn 
corporation  shall  be  authorized  to  pass  over,  occupy  a: 
enjoy  any  of  the  lands  granted  to  this  State  for  schools 
university,    agricultural,    normal    school,    insane    asylum 
deaf,    dumb   and   blind   asylums,   poor   farm,   miner's   hos 
pital,   charitable,  penal,  reform  and  educational  purposes 
and    all    other    lands    of    this    State;    Provided,    That    nc 
more  than  100  feet  in  width  from  the  center  of  the  road 
way    survey    of    such    corporation,    on    each    side,    of   thf 
central    line    of    said    roadway    shall    be    taken    for   road 
way,  and  not  to  exceed  20  acres  to  conform  to  the  sub 
divisions    of    the    government    survey,    in    any    one    tract 
for  each   section   of   12   miles   of   such   railroad,   shall  be 
taken    for    station,    depot    grounds,    machine    shops,    turn 
outs,   sidetracks,   warehouses   and  other  appurtenances   tr 
a    railroad;    and   that   any    railroad    corporation   that   has 
surveyed   or   shall   hereafter   survey,   or   locate    a   line   oi 
its   road,  immediately  after  platting  a  survey  of  its  line, 
and  of  the  selection  of  depot  grounds  under  this  chapter 
and  filing  such  plat,  duly  certified  by  the  chief  engineer, 
or    president    of    such    corporation,    of    the    fact    of    such 
survey,    and    selection    for   depot   grounds,    duly   acknowl- 
edged  with   the   secretary  of  State,   and   with  the  county 
clerk   of   the   county   in   which   such   land   is   situated,   to 
operate  as  a  vested  right  in  such  corporation,  from  two 
years   from  the  date  of  filing  the  same,   shall  be  author- 
ized to  enter  upon  said  lands  so  surveyed  and  selected, 
and   construct  thereon  all  necessary  railroad  track,  turn- 
tables,    roundhouses     or     other     appurtenances,     deemed 
necessary  for  railroad   purposes  of  such  corporation,  and 
so  soon  as  such  railroad  shall  be  constructed  over  such 
land    so    surveyed    and    selected,    and    in    case    of    depot 
grounds    and    appurtenances,    the    erection    of    a    station 
thereon,  on  proof  of  such  fact  to  the  satisfaction  of  the 
land    commissioners,    and    upon    paying    the    sum    of    $10 
per  acre  for  said  lands  for  depot,  station  and  workshop 
grounds    and    all    grounds    herein    contemplated,    except 
the   200   feet   of  trackway,   the   governor  shall,  by   letters 
patent,  under  the  great  seal  of  the  State,  attested  by  the 
secretary   of    State,    grant    and    convey    in    fee    simple   to 
the  corporation  constructing  such  railroad,  its  successors 
and   assigns,  the   lands   selected   for  depot   and  workshop 
grounds,  and  granting  to  said  corporation,  its  successors 
and  assigns,  forever,  the  right  to  use,  cross  and  recross 
and    occupy    for    the    purposes    aforesaid,    the    lands    and 
right  of  way,   included  in   the  200  feet  of  trackway,  in- 
cluded  in   the   plat  and   certificate  so  filed  with   the  sec- 
retary   of    State    as    aforesaid,    and    no    subsequent   grant 
from    the    State    to    any    other    person   or    corporation   of 
any  tract  of  land,  including  such  right  of  way,  and  selec- 
tion for  depot  grounds  so  platted,  and   the  plat  thereof 
filed    as   aforesaid,    though   not  excepted    in    such   grant, 
shall   divest  said   rEllroad   corporation   of   their   rights   in 
the    same    under   this    chapter;    Provided,    further.    That 


Public  Service  Laws 


1487 


the  damages  accruing  to  any  occupant  or  owner,  or  other 
person  who  may  reside,  or  have  improvements  on  said 
land,  previous  to  the  filing  of  said  surveyed  plat,  shall 
be  determined  and  paid  by  such  railroad  company,  as 
in  cases  of  damages  for  taking  lands  of  private  persons; 
and  provided,  further,  that  any  railroad  company  whose 
right  of  way  acquired  under  the  provision  of  this  sec- 
tion over  land  of  this  State,  or  whose  track  or  roadbed 
ui)on  such  right  of  way  so  acquired,  passes  through  any 
canyon,  pass  or  deflie  shall  not  prevent  any  other  rail- 
road company  from  the  use  and  occupancy  of  said 
canyon,  pass  or  defile  for  the  purposes  of  Its  road,  in 
common  with  the  road  first  located  or  the  crossing  of 
other  railroads  at  grade;  and  the  location  of  such  right 
of  way  so  acquired  through  any  canyon,  pass  or  defile 
shall  not  cause  the  disuse  of  any  wagon  road,  or  other 
public  highway  now  located  therein,  nor  prevent  the 
location  through  the  same  of  any  such  wagon  road,  or 
highway,  where  such  wagon  road,  or  highway,  may  be 
necessary  for  the  public  accommodation;  and  where 
any  change  in  the  location  of  such  wagon  road,  or  high- 
way, is  necessary  to  permit  the  passage  of  such  railroad 
through  any  canyon,  pass  or  deflie  said  railroad  company 
shall  before  entering  upon  the  ground  occupied  by  such 
wagon  road,  or  highway,  cause  the  same  to  be  recon- 
structed at  its  own  expense  in  the  most  favorable  loca- 
tion, and  in  as  perfect  a  manner  as  the  original  road 
or  highway;  Provided,  That  such  expenses  shall  be 
equitably  divided  between  any  number  of  railroad  com- 
panies occupying  and  using  the  same  canyon,  pass  or  deflie, 
and  that  where  the  space  is  limited  the  District  Court  of 
the  county  where  such  canyon,  pass  or  deflie  is  situate, 
shall  require  the  road  first  constructed  to  allow  any 
other  railroad  to  pass  over  and  use  its  track  or  tracks 
through  such  canyon,  pass  or  deflie  on  such  equitable 
basis  as  the  said  court  may  prescribe;  and  Provided, 
further,  That  in  all  cases  where  such  right  of  way  is 
located  or  sought  to  be  located  over  any  land  of  this 
State,  which  has  been  subjected  to  or  used  by  the  State 
tor  a  particular  public  purpose,  or  for  the  benefit  or 
use  of  the  public  (as  for  parks,  building  sites  and  sur- 
rounding grounds,  experiment  farms  and  stations  and 
such  like  purposes),  the  board  having  control,  charge 
and  supervision  of  such  land  shall  have  the  right  to 
require  any  railroad  company  seeking  to  acquire  such 
right  of  way  across  such  land  to  locate  the  same  on 
or  along  such  route  or  line  as,  in  the  opinion  of  the 
board,  will  inflict  the  least  injury  to  the  State,  due 
regard  being  had  to  the  feasibility  of  the  route,  and  in 
all  cases  where  in  the  opinion  of  the  board  the  location 
of  more  than  one  right  of  way  across  the  land  in  this 
proviso  mentioned  will  be  injurious  to  the  purpose  or 
use  to  which  the  State  has  subjected  such  land,  the 
board  shall  have  the  right  and  authority  to  require  of 
the  company  first  making  application,  for  right  of  way 
across  such  land,  to  file  its  consent  to  the  use  of  its 
tracks  and  roadbed  across  such  land  by  other  com- 
panies desiring  to  construct  a  railroad  across  the  same, 
upon  such  equitable  basis  as  may  be  agreed  on  or  deter- 
mined, and  the  District  Court  of  the  county  in  which 
such  land  is  situate  shall  have  jurisdiction  in  cases 
where  the  parties  are  unable  to  agree  upon  such  basis 
to  determine  and  fix  the  same,  such  consent  so  filed 
shall  be  recorded  at  length  in  the  office  of  the  secretary 
of  State;  and  Provided,  further,  That  in  all  cases  where 
the  right  of  way  is  located  across  lands  devoted  to  a 
public  purpose,  as  in  the  next  preceding  proviso  men- 
tioned, the  company  shall  before  beginning  the  con- 
struction of  its  road,  and  before  taking  possession  of 
such  right  of  way,  pay  into  the  treasury  of  this  State 
such  sum  as  may  be  agreed  upon  between  the  railroad 
company  and  the  board  having  control  of  said  land,  for 
the  damage  which  will  be  sustained  by  the  State  by 
reason  of  the  taking  of  such  right  of  way,  and  the  con- 
struction of  such  road  across  said  land;  Provided,  That 
if  the  said  company  and  said  board  cannot  agree  as  to 
the  amount  of  such  damage,  the  same  may  be  deter- 
mined by  the  District  Court  of  the  county  in  which  such 
land  is  situate,  and  said  court  shall  have  jurisdiction  to 
determine  the  amount  thereof  on  application  of  either 
the  said  company  or  said  board.  ,(L.  1890-91,  ch.  39,  §1; 
R.   S.   1899,   §3207;   L.   1905,   ch.   70,   §1.) 

Lands  heretofore  taken  may  'be  acquired.     §  4201.    Any 
railroad    company   which    may   have   prior   to    January   9, 


A.  D.  1891,  taken  any  of  the  lands  of  this  State  for 
right  of  way  and  depot  grounds  shall,  upon  filing  a  plat 
and  survey  thereof,  with  the  secretary  of  State,  and 
payment  for  depot  grounds  as  provided  in  the  preceding 
section,  be  entitled  to  a  conveyance  by  letters  patent, 
by  the  governor,  conveying  in  fee  the  lands  for  depot 
grounds,  and  granting  forever  to  such  railroad  company, 
its  successors  and  assigns,  the  right  to  take,  use,  occupy 
and  enjoy  for  its  railroad  purposes,  the  lands  so  taken 
for  right  of  way,  for  tracks  and  roadways;  Provided, 
That  in  addition  to  the  filing  of  such  survey  and  plat, 
proof,  to  the  satisfaction  of  the  land  commissioners,  shall 
be  made  of  the  construction  of  such  railroad  across  the 
land,  and  the  erection  of  a  station  on  the  lands,  claimed 
for  depot  grounds.'  (L.  1890-91,  ch.  39,  §2;  R.  S.  1899, 
§  3208.) 

Applicable  to  oil  companies.  §  4202.  The  last  two  pre- 
ceding sections  shall  also  apply  to  all  petroleum  oil 
corporations,  companies  and  individuals,  foi-  the  right 
of  way  10  feet  wide,  through  the  school  and  other  lands, 
over  which  the  State  has  control,  for  the  purpose  of 
carrying  oil  through  pipes,  also,  land  for  pump  stations, 
tanks  and  other  buildings,  necessary  to  conduct  the  oil 
product  of  the  wells  of  Wyoming.  (L.  1890-91,  ch. 
39;   R.  S.  1899,  §3209.) 

Railroads  to  burn  fire  guards.  §  4203.  It  shall  be  the 
duty  of  every  railroad  corporation  operating  its  line 
of  road,  or  any  part  thereof,  within  this  State,  between 
the  first  day  of  Septejnber  and  the  first  day  of  Novem- 
ber of  each  and  every  year,  upon  its  right  of  way  upon 
each  side  of  its  roadbed,  to  burn  as  a  fireguard  all  grass 
and  vegetation  growing  upon  its  said  right  of  way,  run- 
ning parallel  with  the  line  of  said  road,  and  said  right 
of  way  will  be  burned  in  such  good,  workmanlike  man- 
ner, and  to  prevent  said  fire  from  spreading  to  lands 
adjacent  to  said  right  of  way,  as  to  effectually  destroy 
the  grass  and  vegetation  thereon;  Provided,  That  the 
right  of  way  so  burned  shall  not  exceed  a  strip  of  land 
over  200  feet  in  width  upon  each  side  of  the  said  rail- 
road; and  Provided,  further.  That  such  fireguard  need 
not  be  burned  within  the  limits  of  any  village  or  city, 
nor  along  that  portiop  of  the  line  of  a -railroad  where 
the  desert  or  mountainous  character  of  the  adjoining 
land  would  render  such  burning  impracticable  or  unneces- 
sary.    (L.  1890-91,  ch.  34,  §  1;  R.  S.  1899,  §  3210.) 

Penalty  for  failing  to  burn  fireguards.  §  4204.  Any 
railroad  corporation  failing  to  comply  with  the  provisions 
of  the  preceding  section  shall  be  liable  to  pay  a  penalty 
of  $100  for  each  and  every  mile,  or  fractional  part 
thereof,  of  such  strip  of  land  as  it  neglects  to  burn  upon 
either  side  of  the  line  of  its  road  in  this  State,  in  each 
and  every  year  as  aforesaid,  the  same  to  be  collected  in 
any  proper  action  in  any  court  of  competent  jurisdiction, 
in  the  name  of  the  State  of  Wyoming,  and  when  col- 
lected it  shall  be  paid  into  the  school  fund  of  the  county 
wherein  the  cause  of  action  accrued;  and  Provided,  That 
the  said  action  shall  be  brought  within  one  year  next 
after  it  occurs.  (L.  1890-91,  ch.  34,  §  2;  R.  S.  1899, 
§  3211.) 

Railroads  liable  for  damage  by  fire  when  no  fireguards 
burned.  §  4205.  Every  railroad  corporation  operating  its 
line  of  road,  or  any  part  thereof,  within  this  State,  shall 
be  liable  for  all  damages  by  fire,  that  is  set  out,  resulting 
or  caused  by  operating  any  such  line  of  road  or  any 
part  thereof,  when  such  railroad  company  has  failed  to 
burn  a  fireguard  as  provided  in  §  4203,  and  any  such 
damages  may  be  recovered  by  the  party  damaged,  by  a 
proper  action  in  any  court  of  competent  jurisdiction; 
Provided,  That  said  action  be  brought  by  the  party  in- 
jured within  one  year  next  after  said  damage  shall  have 
been  infiicted  or  caused.  (L.  1890-91,  ch.  34,  §  3;  R.  S 
1887,  §  1947;  R.  S.  1899,  §  3212.) 

Company  to  notify  owner  of  injury  to  stock.  §  4206. 
Any  such  corporation  injuring  or  killing  any  live  stock, 
by  running  any  engine,  car  or  cars,  over  or  against  any 
such  live  stock,  shall  within  10  days  thereafter,  notify 
the  owner  or  owners  of  such  live  stock,  so  killed  or 
injured,  of  the  fact;  Provided,  That  if  the  ownership  of 
such  stock  so  killed  or  injured,  is  unknown,  such  corpora- 
tion shall  file  in  the  office  of  the  county  clerk  of  the 
county  in  which  such  live  stock  was  so  killed  or  injured, 
a  full  description,  including  the  number,  classes  and 
brands,    of    such    live    stock,   naming   the   locality   where 


1488 


National  Association  of  Railway  Commissioners 


such  stock  was  so  killed  or  injured;  and  such  corpora- 
tion shall  also  cause  a  notice  of  the  Injuring  or  killing 
of  any  such  live  stock  to  be  immediately  posted  up  in 
a  conspicuous  place  on  the  station-house  or  section- 
house  which  is  nearest  to  the  place  of  killing  or  injur- 
ing, which  notice  shall  specify  the  date  and  place  of 
such  injury  or  killing,  the  kind  and  number  of  animals 
killed  or  injured,  the  color  and  brands  or  marks  of 
such  animals,  and  the  owner's  name,  if  known.  The 
carcass  of  any  animal  so  killed  shall  not  be  buried  until 
three  days  after  the  posting  of  such  notice.  A  copy  of 
the  notice  so  posted  shall,  in  all  cases,  be  immediately 
mailed  by  the  section  foreman  to  the  owner  of  such 
animal,  if  such  owner  be  known  to  him,  and  this  notice 
shall  be  in  addition  to  that  named  in  the  first  part  of 
this  section.  And  any  corporation  failing  to  comply 
with  the  requirements  of  this  section  shall  be  liable  to 
the  owner  or  owners  of  such  live  stock,  so  killed  or  in- 
jured, in  double  the  amount  of  the  damages  sustained 
by  the  owner  or  owners  of  such  stock,  by  reason  of  the 
said  killing  or  injuring.  (L.  1888,  ch.  48,  §  1;  R.  S.  1899, 
§  3214.) 

Owner  to  make  sworn  statement  of  value.  §  4207.  Any 
I>erson  or  persons  owning  any  live  stock  which  shall  be 
killed  or  injured  shall,  within  six  months  after  the  said 
person  or  persons  is,  or  are,  notifled  of  the  said  killing 
or  injuring,  as  provided  in  the  last  preceding  section, 
furnish  the  corporation  having  so  killed  or  injured  live 
stock,  through  its  nearest  agent,  sworn  evidence  of  the 
value  of  said  live  stock.  (L.  1888,  ch.  48,  §  2;  R.  S. 
1887,   §4197;    R.   S.   1899,   §3215.) 

Note — The  above  section,  as  it  appeared  in  R.  S.  1899, 
contained  a  reference  to  §  3213  of  the  1899  revision, 
which  was  held  to  be  unconstitutional  in  the  case  of 
Scheneck  vs.  TJ.  P.  R.  R.  Co.,  5  Wyo.  430.— Compiler. 

Term  "live  stock"  defined.  §  4208.  For  the  purpose  of 
this  chapter  the  terms  "live  stock"  and  "stock"  shall 
Include  all  classes  of  horses,  asses,  mules,  neat  cattle. 
sheep  and  swine.     (R.  S.  1887,  §4198;  R.  S.  1899,  §3216.) 

Depots — Must  establish.  §  4209.  No  railroad  company 
shall  construct  or  operate  a  railroad  within  four  miles 
of  any  existing  town  or  city  without  providing  a  suit- 
able depot  or  stopping  place  at  the  nearest  practicable 
point  for  the  convenience  of  said  town  or  city,  and 
stopping  all  trains  doing  local  business  at  said  stopping 
place.  No  railroad  company  shall  deviate  from  the  most 
direct  practicable  line  in  constructing  a  railroad  for  the 
purpose  of  avoiding  the  provisions  of  this  section. 
(L.  1909,  ch.  133,  §  1.) 

Prosecution.  §  4210.  Whenever  it  shall  come  to  the 
knowledge  of  the  county  and  prosecuting  attorney  of  any 
county  in  this  State,  or  whenever  complaint  shall  be 
made  to  such  officer  by  any  citizen  or  citizens  thereof, 
that  any  railroad  corporation  or  company  doing  business 
and  running  trains  in  or  through  such  county  is  neglect- 
ing or  refusing  to  provide  a  suitable  depot  or  stopping 
place  as  provided  by  the  preceding  section,  or  violating 
any  of  the  provisions  thereof,  it  shall  be  the  duty  of 
such  county  and  prosecuting  attorney  to  make  a  per- 
sonal examination  of  the  conditions  complained  of,  and 
if  he  finds  that  such  railroad  corporation  or  company 
has  not  provided  a  suitable  depot  or  stopping  place  for 
the  convenience  of  any  town  or  city,  and  is  not  stopping 
all  trains  doing  local  business  thereat,  he  shall  at  once 
prepare  and  cause  the  sheriff  of  his  county  to  serve  a 
written  notice  on  any  officer  or  agent  of  such  railroad 
corporation  or  company  to  be  found  in  said  county  to 
the  effect  that  such  violation  exists  in  the  vicinity  of  a 
certain  town  or  city,  naming  It,  and  notifying  said  com- 
pany that  unless  remedied  within  30  days  from  the  date 
of  the  service  of  satd  notice,  and  in  strict  compliance 
with  the  preceding  section,  proceedings  against  said 
derelict  company  will  be  commenced  in  the  District' Court 
of  such  county  to  compel  such  compliance,  and  also  to 
enforce  the  penalty  provided  for  in  the  next  succeeding 
eection.     (L..1909,  ch.  133,  §  2.) 

Penalty.  §  4211.  If,  after  the  expiration  of  30  days  from 
the  service  of  the  notice  hereinbefore  specified,  the 
said  railroad  corporation  or  company  still  neglects  or 
refuses  to  comply  with  the  terms  of  said  notice  and 
•with  the  provisions  of  §  4209,  it  shall,  on  conviction,  be 
fined  .in  the  sum  of  $50  for  each  day  of  such  delinquency 


II 


after  the  expiration  of  such  30  days'  notice,  up  to,  and 
Including  the  day  and  date  which  judgment  may  be 
rendered,  and  also  for  costs  of  suit,  recoverable  by  an 
action  in  the  District  Court  of  such  county  to  be  brouglir 
by  the  county  and  prosecuting  attorney  thereof,  and  all 
fines  collected  under  this  statute  shall  be  covered  into 
the  treasury  of  the  county  in  which  such  action  Is 
brought.  It  shall  also  be  the  duty  of  the  county  and 
prosecuting  attorney  aforesaid  to  promptly  institute 
mandamus  proceedings  against  such  derelict  railroad 
corporation  or  company  in  the  District  Court  to  Inforce 
the  provisions  of  §  4209  of  this  section.  (L.  1909,  chapter 
133,   §3.) 

SESSION  LAWS  OF  WYOMING,  1911. 

STREET    ANU    INTEBURBAN   R.MLWAYS. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Wyoming: 
Interurban  and  street  railway  defined.  §  1.  Any  rail- 
way operated  upon  the  streets  of  a  city  or  town  by  electric 
or  other  power  than  steam,  which  extends  beyond  the  co:> 
porate  limits  of  such  city  or  town  to  another  city,  town  or 
village,  or  any  railway  operated  by  electric  or  other  power 
than  steam,  extending  from  one  city,  town  or  village  tj 
another  city,  town  or  village,  shall  be  known  as  an  inter 
urban  railway.  Any  railway  operated  by  electric  or  other 
power  than  steam,  operated  exclusively  within  the  corporatj 
limits  of  a  city  or  town,  shall  be  known  as  a  street  railwaj . 

Street  railway  company  defined.  §2.  Every  corpora- 
tion organized  for  the  purpose  or  having  within  the  scop  i 
of  its  power  included  the  right  to  build,  maintain  or  opei- 
ate  an  interurban  railway,  shall  be  known  as  an  intei- 
urban  raiiway  company  if  organized,  or  having  within  th; 
scope  of  its  power,  included  the  right  to  build,  maintaii 
or  operate  a  street  railway,  such  corporation  shall  be  knowi 
as  a  street  railway  company. 

Power  of  purchase  and  condemnation.  §3.  Every1_ 
terurban  railway  and  street  railway  company  shall  havi 
power  to  purchase,  and  acquire  by  condemnation  an: 
necessary  real  estate  for  the  purpose  of  building,  maintain 
ing  and  operating  any  interurban  or  street  railway,  or  botl 
together  with  the  poles,  fixtures  and  appurtenances  con 
nected  therewith,  and  to  take  therein  the  fee  simple  ab 
solute,  which  power  of  condemnation  shall  be  exercised  ii 
the  manner  prescribed  by  law  for  the  condemnation  of  rea 
estate  by  railroad  corporations  and  companies:  Provided 
that  the  trackage  of  street  railways  and  interurban  rail 
ways  in  the  corporate  limits  of  cities  and  towns  shall  bf 
confined  to  streets  and  alleys;  and  the  powers  and  rights 
granted  by  law  to  railroad  corporations  and  companies  ir 
reference  to  and  in  connection  with  condemnation  anc 
purchase  of  real  estate  are  hereby  extended  to  apply  witt 
full  force  and  effect,  and  upon  the  same  terms  and  limita 
tions,  to  interurban  and  street  railway  corporations.  Pro 
vided,  that  the  foregoing  shall  not  be  construed  as  abridg 
ing  in  any  way  the  powers  of  incorporated  cities  and 
towns. 

Rights  over  public  roads.  §  4.  County  commissioners  ir 
each  county  shall  have  the  power  to  grant  rights  of  waj 
over  and  along  public  roads  within  their  county  for  tbi 
purpose  of  building,  maintaining  and  operating  interurbar 
street  railway  lines  over  and  along  such  public  roads  undei 
such  reasonable  restrictions  as  may  be  deemed  proper;  and 
the  provisions  of  §  3864  of  the  Wyoming  Compiled  Statutes 
of  1910  shall  apply  with  the  same  force  and  effect  to  such 
railway  lines  and  companies  as  in  cases  of  other  railrj 
and  railway  corporations  or  companies. 

Crossing  railroads.  §  5.  Any  such  interurban  or  stl* 
railway  company  may  construct  and  carry  its  railway 
across,  over  or  under  any  railway,  canal  or  watercourse 
when  it  may  be  reasonably  necessary  or  proper  in  the  con 
struction  and  operation  of  the  same,  and,  in  such  cases.  It 
shall  so  construct  its  crossings  as  not  unnecessarily  to  im- 
pede the  travel  or  transportation  upon  the  railway  sc 
crossed.  No  steam  railway,  nor  any  officer  or  employe  con- 
nected with  the  same,  shall  obstruct  the  free  passage  of 
the  cars  of  an  intersecting  interurban  railway  at  such 
crossing,  excepting  in  the  usual  and  ordinary  manner  and 
times  of  the  operation  of  such  railway.  Every  person  hav- 
ing in  charge  a  car  of  such  interurban  or  street  railway 
company  shall  stop  an^  fiag  across  such  railroad  track,  if 
crossing  the  same  at  grade,  and  not  cross  the  same  until 
the  same  is  clear,  and  every  person  violating  any  provision 
of  this  section  shall  be  fined  in  a  sum  not  to  exceed  $100 


SUCD 

ll 


Public  Service  Laws 


1489 


or  be  imprisoned  in  the  county  jail  not  to  exceed  60  days, 
or  by  botli  such  fine  and  imprisonment. 

Other  rights  granted.  §  6.  Such  interurban  railway 
companies  shall  have  the  same  rights  and  powers  as  are 
granted  other  railroad  companies  in  §§4194  and  4200  o£ 
the  Wyoming  Compiled  Statutes  of  1910,  under  the  terms 
and  limitations  therein  set  forth. 

In  effect  forthicith.  §  7.  This  Act  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  February  14,  1911. 

RELATING    TO    DEMUBBAOE    ON    RAILWAY    CABS. 

Be  it  enacted  by  the  legislature  of  the  State  of  Wyoming: 

Forty-eight  hours'  free  time,  demurrage  $1  per  day — 
Free  time  allowed.  §  1.  That  all  railroads,  shipping  cars, 
or  parts  of  cars  of  all  commodities,  from  any  point  in  the 
State  of  Wyoming,  to  consignees  in  any  other  part  of  the 
State,  shall  give  time,  free  of  charge,  for  loading  and  un- 
loading said  cars  or  parts  of  cars  as  follows:  All  loaded 
cars,  taking  track  delivery,  which  are  to  be  unloaded  by 
the  consignee  thereof,  or  the-  party  whose  interest  may 
appear,  or  cars  set  for  loading  which  are  to  be  loaded  by 
consignor,  shall  be  limited  to  48  hours  of  free  time,  com- 
puted from  7  o'clock  a.  m.  of  the  day  following  the  day 
legal  notice  of  arrival  is  given  (having  been  placed  at  an 
accessible  point  for  unloading),  and  may  be  subjected  there- 
after to  a  charge  of  $1  per  car  for  each  day  or  fraction  of 
a  day,  that  they  may  remain  unloaded,  in  possession  of  the 
railroad  company  after  said  free  time;  provided,  however, 
that  if  after  placing  a  car,  or  cars,  as  required  In  this  sec- 
tion, the  railroad  company  shall,  during  or  after  free  time, 
temporarily,  remove  all,  or  any  of  them,  or  in  any  way 
obstruct  the  unloading  of  same,  the  consignee  shall  not  be 
chargeable  with  the  delay  caused  thereby;  provided,  that 
when,  on  account  of  delay  or  irregularity  of  transportation, 
cars  are  bunched  and  delivered  to  consignee  in  numbers 
beyond  his  reasonable  ability  to  load  and  unload  within 
the  free  time  prescribed  by  these  rules,  he  shall  be  allowed 
by  the  carrier  such  additional  time  as  may  be  necessary 
to  load  and  unload  cars,  so  in  excess,  by  the  exercise  of 
usual  diligence  on  the  part  of  the  consignee. 

Charge  no  additional  sum  for  delay.  §  2.  That  any  rail- 
road company,  operating  within  the  State  of  Wyoming,  and 
transporting  commodities  from  a  consignor  to  a  consignee 
within  this  State,  shall  not  charge  to  either  the  consignor 
or  consignee  of  said  commodities  any  additional  sum  of 
money  for  freight  or  transportation  on  account  of  any  delay 
in  the  transportation  or  delivery  of  same  not  caused  by 
the  direct  act  or  agency  of  the  said  consignor  or  consignee. 

§  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  17,  1911. 

BEI.ATIKG   TO  RECOKDING  OF  FEDEBAL  LAND  OFFICE  INSTBUMENTS. 

Be  it  enacted  hy  the  legislature  of  the  State  of  Wyoming : 
Same  effect  as  though  acknowledged.     §  1.    That  §  3649 
of  Wyoming  Compiled  Statutes  be  and  the  same  hereby  is 
amended  and  re-enacted  to  read  as  follows: 

Record  of  right  of  way  over  puilic  land,  etc.  §  3649. 
Patents  heretofore  or  hereafter  issued  by  the  United  States 
for  lands  and  certificates  of  purchase  or  payment  for  public 
lands  heretofore  or  hereafter  issued  by  the  receiver  of  any 
land  office  of  the  United  States  shall  be  entitled  to  be  re- 
corded under  the  provisions  of  this  chapter,  and  the  rec- 
ord of  all  such  instruments  shall  have  the  effect,  to  all 
intents  and  purposes,  as  though  same  were  acknowledged 
and  otherwise  executed  as  required  by  law;  provided,  that 
any  railway  company,  having  a  right  of  way  or  station 
grounds,  acquired  in  conformity  to  an  Act  of  the  congress 
of  the  United  States,  requiring  a  map  thereof,  to  be  ap- 
proved by  its  secretary  of  the  interior,  shall  file  with  the 
register  of  deeds  of  any  county  in  this  state  wherein  such 
right  of  way  and  station  grounds  may  be,  a  copy  of  such 
map,  duly  authenticated,  together  with  the  affidavit  of  any 
officer  or  agent  of  such  railroad  company,  describing  by 
quarter  sections  the  lands  within  such  county  affected  by 
such  right  of  way  which  were  public  lands  when  such  map 
was  approved,  and  It  shall  be  the  duty  of  such  register  of 
deeds  to  record  said  afl[ldavit  and  file  said  map  and  to  note 
upon  the  abstract  of  lands  of  his  office,  as  to  each  quarter 
section  so  described,  that  a  right  of  way  across  the  same 
is  claimed  by  the  company  filing  said  map;  provided,  fur- 
ther, that  the  fee  for  filing  said  map  and  recording  said 
affidavit  shall  be  $2. 


§  2.  This  Act  shall  take  effect  and  be  in  force  from  an4 
after  its  passage.- 

Approved  February  21,  1911. 

UltAINS    AND   DITCHES    ACROSS    RAILROADS. 

An  Act  providing  for  the  formation  and  organization  of 
drainage    districts,     and     conferring    certain     powers 
thereon. 
Be  it  enacted  hy  the  legislature  of  the  State  of  Wyoming: 

Drains  across  railroads.  §  71.  Said  commissioners  shall 
have  the  right  to  lay  out  and  construct  all  necessary 
drains,  ditches  and  levees  across  any  railway  right  of 
way  or  yards  in  their  district,  and  any  railway  company, 
whose  right  of  way  or  yards  crosses  the  line  of  any 
proposed  drain,  ditch  or  levee,  shall  open  its  right  of 
way  or  yards  and  permit  such  drain,  ditch  or  levee  to 
cross  the  same,  as  soon  as  said  drain,  ditch  or  levee  is 
constructed  to   such  right  of  way. 

Liability  to  company.  §  72.  Every  drainage  district 
shall  be  liable  to  the  railway  company,  whose  right  of 
way  or  yard  any  of  its  drains,  ditches  or  levees  crosses, 
for  the  reasonable  cost  of  culverts  and  bridges,  made 
necessary  by  said  drain,  ditch  or  levee  crossing  said 
right  of  way  or  yards,  but  of  not  more  expensive  char- 
acter than  the  average  other  culverts  and  bridges  on  said 
division  of  railway,  crossing  streams  or  ditches  of  ap- 
proximately the  same  width  and  depth,  and  within  a 
hundred   miles   of   said   district   ditches. 

Duty  of  roads — Forfeiture — Default.  §  73.  Upon  receiv- 
ing 15  days'  notice  in  writing  any  railway  company  across 
whose  right  of  way  or  yard  any  such  drain,  ditch  or  levee  is 
laid  out  shall  open  its  right  of  way  or  yards,  and  permit 
said  commissioners  and  their  contractors,  agents  and 
employes  to  'construct  said  drain,  ditch  or  levee  across 
said  right  of  way  or  yards.  For  every  day  that  said 
railroad  company  fails,  after  the-  end  of  said  15  days, 
to  open  their  said  right  of  way  or  yard  as  hereinbefore! 
required,  it  shall  forfeit  $25  to  said  drainage  district 
to  be  collected  in  an  action  as  other  forfeitures  are 
collected,  or  set  off  against  any  damages  that  have  been 
awarded  to  such  company.  If  said  railway  company  fails 
to  open  its  right  of  way  or  yard  along  the  line  of  said 
drainage  district,  drain,  ditch  or  levee  the  commissioners 
may,  at  any  time  after  the  expiration  of  said  15 
days,  open  such  right  of  way  and  yard  along  the  line 
of  said  drains,  ditches  and  levees,  and  construct  the 
same. 

CHAPTER  27,  ACTS  OF  1911. 

CUMULATIVE    VOTING    OF    SHARES    OF    STOCK. 

An  Act  to  amend  and  re-enact  §  3978,  Compiled  Statutes  of 

Wyoming  of  1910,  prescribing  the  method  of  electing 

directors    for    corporations    and    for    the    cumulative 

voting  of   shares   of   stock   in   said   corporations. 

Be  it  enacted  by  the  legislature  of  the  State  of  Wyoming : 

Directors — Election— Vacancies.     §  1.     Section   3978   of 

the    Compiled    Statutes    of    Wyoming   of    1910    is    hereby 

amended  and  re-enacted  so  as  to  read  as  follows: 

"§  3978.  The  stock,  property  and  concerns  of  such  com- 
pany shall  be  managed  by  not  less  than  three  directors,  wha 
shall  respectively  be  stockholders  in  said  company, 
and  who  shall  (except  the  first  year)  be  annually 
plected  by  the  stockholders  at  such  time  and  place  as 
shall  be  directed  by  the  by-laws  of  the  company;  and 
public  notice  of  the  time  and  place  of  holding  such 
election  shall  be  published  not  lees  than  10  days  previ- 
ous thereto  in  the  newspaper  printed  nearest  to  the 
place  where  the  operations  of  said  company  shall  be 
carried  on,  and  the  election  shall  be  made  by  such 
of  the  stockholders  as  sfiall  attend  for  that  purpose, 
either  in  person  or  by  proxy,  provided  a  majority  of  the 
stock  is  represented  at  such  meeting  or  adjourned 
meeting,  the  stockholders  shall  proceed  to  nominate 
a  number  of  directors  to  be  elected,  each  stockholder 
having  the  right  to  nominate.  The  election  shall  be 
by  ballot,  on  which  each  person  voting  shall  write  the 
names  of  as  many  persons  as  are  to  be  elected  from 
the  nominees.  Each  stockholder  shall  have  the  '  right 
to  vote  in  person  or  by  proxy,  the  number  of  shares 
owned  by  him  or  lier,  and  in  balloting  for  directors 
he  or  she  may  vote  said  number  of  shares  for  as  many 
directors  as  are  to  be  elected,  or  he  or  she  may  cumu- 
late    such    shares    and    give    one    candidate    as    many 


1490 


National  Association  of  Railway  Commissioners 


votes  as  the  number  of  directors  multiplied  by  the  num- 
ber of  his  or  her  shares  of  stock  shall  equal,  or  to  dis- 
tribute them  on  the  same  principle  among  as  many 
candidates  as  he  or  she  may  desire;  and  the  persons 
having  the  highest  number  of  votes  in  consecutive 
order  shall  be  declared  elected  as  the  board  of  directors 
for  that  year,  and  such  directors  shall  not  be  elected 
in  any  other  way,  and  when  vacancy  shall  happen  among 
the  directors  by  death,  resignation  or  otherwise,  it  shall 
be  filled  for  the  remainder  of  the  year  as  shall  be  pro- 
vided  by   the   by-laws   of  said   company." 

In  effect  forthwith.  §  2.  This  Act  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  February  16,  1911. 

CHAPTER  62,  ACTS  OF  1911. 

PROHIBITING   UNFAIR   COMPETITION. 

An  Act  to  prohibit  discriminations  between  different  sec- 
tions, communities  or  localities,  unfair  competiton,  and 
provding  penalties  therefor. 
Be  it  enacted  hy  the  legislature  of  the  State  of  Wyoming: 
Discriminative  competition  prohibited.  §  1.  That  any 
person,  firm  or  corporation,  foreign  or  domestic,  doing 
business  in  the  State  of  Wyoming  and  engaged  in  the 
production,  manufacture  or  distribution  of  any  com- 
modity in  general  use,  that  shall  intentionally,  for  the 
purpose  of  destroying  competition,  discriminate  between 
different  sections,  communities  or  cities  of  this  State, 
by  selling  such  commodity  at  a  lower  rate  in  one  section, 
community  or  city,  or  any  portion  thereof,  than  Is 
charged  for  such  commodity  in  another  section,  commun- 
ity or  city,  after  equalizing  the  distance  from  the  point 
of  production,  manufacture  or  distribution  and  freight 
rates  therefrom,  shall  be  deemed  guilty  of  unfair 
discrimination:  Provided,  however,  that  this  Act  shall 
not  apply  to  any  case  where  by  reason  of  different 
railroad  rates  or  other  natural  things  in  favor  of  any 
manufacturer  or  dealer  of  goods  of  this  or  another 
State  such  manufacturer  or  dealer  sells  at  a  different 
price  than  he  does  in  another,  in  order  to  meet  the 
competitive  rates  or  other  natural  things  in  favor  of 
such  other  manufacturer  or  dealer;  provided,  further,  that 
this  Act  shall  not  apply  to  any  case  where  any  manu- 
facturer of  or  dealer  in  goods  manufactured  or  pro- 
duced in  this  State  sells  products  in  one  place  cheaper 
than  in  another  to  meet  upon  the  same  or  more  favor- 
able basis  any  competition  from  foreign  States  or  this 
State;    provided,   further,  that  this  Act  shall  not  prevent 


the    sale    of    goods    at    proper    commercial    discount    cus- 
tomary in  the  sale  of  such  particular  goods. 

Attorney-general  and  prosecuting  attorney  must  inquire. 
§  2.  If  complaint  shall  be  made  to  the  attorney-general  of 
the  State  of  Wyoming,  or  the  county  and  prosecuting 
attorney  of  any  county  thereof,  that  any  corporation, 
chartered  in  this  State  or  any  foreign  corporation,  doing 
business  in  this  State  by  virtue  of  compliance  with  the 
laws  thereof,  or  any  person  or  firm  of  persons  doing 
business  in  this  State,  is  guilty  of  unfair  discrimination 
within  the  terms  of  this  Act,  it  shall  be  the  duty  of 
the  attorney-general  and  the  county  and  prosecuting 
attorneys  of  this  State  to  institute  an  inquiry  as  to  such 
discrimination,  giving  the  party  complained  against 
notice  and  reasonable  opportunity  to  be  heard,  and  if  in 
the  judgment  of  such  prosecuting  officers  or  either  of 
them,  any  corporation,  foreign  or  domestic,  or  any  per- 
son or  firm  of  persons  shall  have  been  guilty  of  unfair 
discrimination  within  the  terms  of  this  Act,  it  shall  be 
their  duty  to  institute  quo  warranto  proceeding  to 
forfeit  the  charter  of  said  domestic  corporation,  or  if 
a  foreign  corporation  to  procure  an  order  of  court  to 
cause  the  permit  of  said  corporation  to  do  business 
in  this  State,  to  be  immediately  forfeited. 

Corporation  may  be  ousted.  %  3.  If  after  the  revocatlDn 
of  such  charter,  in  the  case  of  domestic  corporatit  n, 
or  if  its  permit,  if  it  be  a  foreign  corporation,  any  o  ir- 
poratlon  shall  continue  to  attempt  to  do  business  in  t  le 
State  of  Wyoming,  it  shall  be  the  duty  of  the  attorm  y- 
general,  by  proper  suit  in  the  name  of  the  State  of 
Wyoming,  to  oust  such  corporation  from  all  busintss 
of  every  kind  and  character  in  said   State  of  Wyomlnj . 

Penalty.  §  4.  Any  person,  firm  or  corporation  violatl:  ig 
the  provisions  of  this  Act  shall  be  deemed  guilty  )f 
misdemeanor  and,  upon  conviction  thereof,  shall  forf<  it 
to  the  State  of  Wyoming  the  sum  of  not  less  thi  n 
$200  for  each  and  every  violation  of  this  Act.  Said  sun 
to  be  recovered  by  a  suit  in  the  ,  name  of  the  Sta  e 
of  Wyoming  in  any  court  of  competent  jurisdiction  1  y 
the  attorney-general.  All  sums  collected  under  this  A  ;t 
shall  be  credited  to  the  permanent  school  fund  of 
State  of  Wyoming. 

Remedies  cumulative.  §  5.  Nothing  in  this  Act  shaJ 
construed  as  repealing  any  other  Act  or  part  of  an  A(  t, 
but  the  remedies  herein  provided  shall  be  cumulati'  e 
to  all  other  remedies   provided  by  law. 

In  effect  forthwith.  §  6.  This  Act  shall  take  effect  ai  d 
be   in   force   from   and   after   its   passage. 

Approved  February  20,  1911. 


11 


National  Association  of  Railway  Commissioners  1491 


BARTLETT  FRAZIER  CO. 


Western  Union  Building 
CHICAGO     • 


Receivers  Shippers  and  Exporters 
OF  GRAIN 


Orders   Executed  for  Cash  or 
Future  Delivery  in  All  Markets 


Consignments   Solicited 


1493 


National  Association  of  Railway  Commissioners 


J.  C.  SHAFFER  &.  COMPANY 

Grain  Merchants 


South  Chicago  Elevator  C — Annex        South  Chicago  Elevator  C 

Capacity,  4,S00,000  Bushels 

234  So.  La  Salle  St. 


South  Chicago  Elevator  D 


Chicago,  Illinois 


O.  L.  GARRISON, 

President. 


EDWARD  BROWN, 

Secretary. 


^1 


BIG  MUDDY  COAL  &  IRON  COMPANY 

High  Grade  Coal 

Murphysboro  District  has  the  only  coal 
equal  to  Pittsburgh.  We  Produce  it.  Also  all 
grades  of  Carterville  District  coal.  Capacity 
7,500  tons  per  day. 

Office:  910-917  Wainwright  Building,  St.  Louis,  Mo. 

NEW    KENTUCKY    COAL   COMPANY 

Exclusive  Chicago  Agents 


National  Association  of  Railway  Commissioners  1493 


LOCOMOTIVE    HEADLIGHT 

Briefly,  a  steel  cylinder  12  inches  by  36  inches,  weighing  180  pounds,  con- 
taining 225  cubic  feet  of  Commercial  Acetylene,  attached  to  running  board  or 
other  convenient  poin  on  locomotive.  A  regulating  valve  which  reduces  the 
cylinder  pressure  to  burning  pressure,  a  gauge  which  indicates  the  quantity  of 
gas  in  cylinder,  and  small  steel  tubing  leading  the  gas  to  headlight.  If  desired, 
this  tubing  is  led  to  the  marker,  or  classification  lights,  and  cab  lights. 

The  cylinder  containing  225  cubic  feet  of  Commercial  Acetylene  will 
supply  a  headlight  burner  consuming  one-quarter  cubic  foot  per  hour,  900  hours 
This  would  last  a  locomotive  averaging  seven  hours  per  day  128  days, 

CAR    LIGHTING 

A  cylinder  20  inches  by  62  inches,  weighing  980  pounds,  containing  1,000 
cubic  feet  Commercial  Acetylene.  This  will  supply  a  five-lamp  car,  each  lamp 
consuming  one  cubic  foot  per  hour,  with  200  hours'  lighting.  If  car  averages  four 
hours'  burning  per  day,  one  charge  will  supply  the  car  for  fifty  days. 

SIGNAL    LIGHTING 

A  cylinder  12  inches  by  44  inches,  weighing  225  pounds,  containing  270 
cubic  feet  Commercial  Acetylene,  will  supply  a  signal  lamp  burning  24  hours  per 
day  for  four  months. 

The  Commercial  Acetylene  Company 

EIGHTY    BROADWAY 
NEW    YORK 

BOSTON  SAN  FRANCISCO 

CHICAGO 
ATLANTA  TORONTO 


1494 


National  Association  of  Kailway  Commissioners 


DeCamp  Fuel  Co. 

SOLE  AGENTS 

DeCamp's 
Staunton  Coal 

Peco  Washed  Coal 

Agents  and  Distributors 

Illinois     Bituminous     Coal, 

By-Product  Coke, 

Smithing  Coal 

712-21  Central  National  Bank  Building 

ST.  LOUIS,  MO. 


NEW  RAND-McNALLY  BUILDING 

Clark,  Harrison  and   La  Salle  Streets 

CHICAGO 


ESTABLISHED    EIGHTEEN  HUNDRED  AND  FIFTY-SIX 

Rand,  McNally  &  Co. 

CHICAGO  AND  NEW  YORK 


THE  LARGEST  AND   BEST  EQUIPPED  PLANT 
FOR  PRINTING  IN  ALL  BRANCHES.    ENGRAV- 
ING   BY    ALL    PROCESSES.      ELECTROTYPING 
AND  BINDING. 


The 


resources 


of 


our    engraving, 


printing  and  publishing  plant  include 
the  latest  time-saving  machinery  and 
automatic  devices.  We  aim  to  do  work  quickly  and  to  do  it  well.  For  nearly  fifty 
years  we  have  been  known  as  one  of  the  largest  printers  and  publishers  in  the 
United  States.  If  you  are  interested  in  commercial  printing,  maps,  globes,  atlases, 
school  books,  or  general  trade  publications,  we  invite  correspondence.  We  regularly 
handle  orders  from  one  thousand  to  five  million  copies. 

RAND,  McNALLT  &>  CO.,  CHICAGO  and  NE1V  YORK 


National  Association  of  Railway  Commissioners 


1495 


Trade 


DOYLAIR 


Mark 


■  IM^. 


Smokeless   Combustion 

of  All  Fuel 


High  and   Low  Pressure 

BOILERS 

We  can  give  you  50%  more  heat  for  your  money — reduce 
your  fuel  bill — save  labor — besides  eliminating  all  smoke. 
Let  us  show  you  how  this  can  be  done.  It  costs  you 
nothing  to  investigate.     Ask  for  particulars. 


Trade 


Mark 


IIM4 


173  N.  La  Salle  Street 


CHICAGO 


1496  National  Association  of  Bailwat  Commissioners 


^ 


TRAVEL  IN  COMFORT 

The  Union  Pacific  is  ballasted 
with  Sherman  gravel,  which 
makes  a  practically  dustless  road- 
bed. It  has  fewer  curves  and 
lower  grades  than  any  other 
trans-continental  line — is  laid 
out  in  long,  easy  tangents.  You 
are  free  from  jolts,  jars  and  dust. 

Union  Pacific 

Standard  Road  of  the  West 


Protected   by   Electric   Block    Signals 
Excellent   Dining   Cars   on    all  trains 


For  literature  and  information  relative  to  fares,  routes,  etc.,  call  on 
or  address 


Gerrit  Fort,  Pass'r  Traffic  Mgr, 

Omaha,  Neb. 


I 


National  Association  of  Railway  Commissioners 


1497 


H.  M. 

BYLLESBY  ^  CO. 

ENGINEERS 
DESIGN 

MANAGERS 
CONSTRUCT 

OPERATE 

ELECTRIC  LIGHT  PLANTS 
STREET  RAILWAYS 
INTERURBAN  RAILWAYS 
WATER  POWER  PLANTS 
TRANSMISSION  SYSTEMS 

ARTIFICIAL  GAS  SYSTEMS 
NATURAL  GAS  SYSTEMS 
IRRIGATION  SYSTEMS 
WATER  WORKS 
DRAINAGE  SYSTEMS 

ENGINEERING,    COMMERCIAL 

AND    LEGAL    EXAMINATIONS   AND 

REPORTS 

PORTLAND,  ORE. 

CHICAGO 

MOBILE.  ALA. 

OKLAHOMA  CITY.  OKLA. 

SAN  DIEGO,  CALIF. 

ROBERT  W.  HUNT 


JNO.  J.  CONE 


JAS.  C.  HALLSTEO 


D.  W.  McNAUGHER 


ROBERT  W.  HUNT  &  CO.,  ENGINEERS 

BUREAU  OF  INSPECTION,  TESTS  AND  CONSULTATION 

OFFICES 


NEW  YORK                                 CHICAGO                                         PITTSBURGH  LONDON.   E.  C. 

90  West  Street              1121   The  Rookery                 Monengahela  Bank  Bids-  Cannon  St.  Norfolk  House 

MONTREAL                                       SAN    FRANCISCO                               ST.  LOUIS  MEXICO  CITY 

Canadian  Express  BIdg.               418  Montgomery  Street               Syndicate  Bldg-  20  San  Francisco  St. 

TORONTO:    Traders  Bank  Bldg. 

INSPECTION    OF 

Rails  and  Fastenings,    Cars,    Locomotives,    Pipe,    Cement,    etc..    Bridges,    Buildings   and  Other  Structures 

CHEMICAL    AND    PHYSICAL    LABORATORIES 


Whipple  Car  Company 


CAR  BUILDERS 


Freight    Cars   Rebuilt   and   Reinforced. 
Refrigerator  Cars  a  Specialty. 

General  Office:  618  Cominercial  National  Bank  Bldg.      Works:  5 1st  and  Central  Park  Ave. 

WALTER  W.  WHIPPLE,  President  C.  R.  COOPER,  Gener.l  Manager 


1498  National  Association  of  Railway  Commissioners 


JEFFERSON   UNIONS 


are  especially  adapted  to 

JEFFERSON 


Railway  Work 


No  amount  of  vibration  can  affect  the  seat  or 
joint,  because  the  ring  is  set  in  the  iron   away 
from  the  inner  bore  of  the  fitting,  so  that  it  can 
ALL  FEMALE  UNION  not  leak  by  getting  loose. 

JEFFERSON 

This  is  only  one  of  the  reasons  why  rail- 
roads are  such  large  users 

Jefferson  Union  Company 

LEXINGTON,  MASS.,  U.  S.  A. 


MALE  AND  FEMALE 


H.  B.  BURR,  PRESIDENT  B.  S.  BURR,  SECY 

Carterville  Coal  Co.*' 

SOLE  OWNERS  OF  THE  CELEBRATED  OLD  MINES  AT 
CARTERVILLE,  ILLINOIS 


WHEN    ORDERING 

CARTERVILLE  COAL 

SEE    THAT    YOUR    BILL    LADING 
SHOWS  IT  WAS   SHIPPED  FROM 

CARTERVI  LLE,  ILLS 


GENERAL     OFFICES,      RIALTO     BLDGT 

ST.  LOUIS,  MO. 


National  Association  of  Bailway  Commissioners  1499 

LUMAGHI  COAL  COMPANY 

EQUITABLE  BUILDING 

ST.  LOUIS.  MISSOURI 


PRODUCERS  OF  HIGH  GRADE  ILLINOIS  COAL 


CANTIHE 


WASHED  and  UNWASHED 


BLACK  BRIER 


CARTERVILLE  UNWASHED 


THE  Superior  QUALITY  nature  has  given  to  us 

THE  UNEXCELLED   PREPARATION  IS  SUPPLIED  BY  US 

THE  EXCELLENT  SERVICE  IS  THE  RESULT  OF  SCIENTIFIC 
MANAGEMENT 

rnDAriTV   CANTINE  4,000  TONS  DAILY 
wHrflUl  I  I     BLACK  BRIER  1,200  TONS  DAILY 

SHIPMENT  VIA   ANY   ROUTE 


1500 


National  Association  op  Railway  Commissioners 


FAL  STAFF 

il  BOTTLED  BEER 

Pronounced  by  Connoisseurs  Throughout 
the  World 

**The  Choice^  Product  of 
the  Brewer's  Art" 


is  a  perfecdy  pure  beer;   it  is  properly  made, 
thoroughly  aged  and  bottled  exclusively 
in  the  brewery,  insuring  absolute 
cleanliness  and  uni(onnity"j| 

Nothing    so   refreshing   when    the    sun   is    hot 

nor  so  invigorating  on  a  cold  winter 

day  as  a  bottle  of 

FALSTAFF 

TRY    IT! 
WM.  J.  LEMP  BREWING  CO. 

ST.  LOUIS,  U.  S.  A. 


National  Association  of  Railway  Commissioners 


1601 


WALSH  BRAKE  SHOE 
AND  FOUNDRY  CO. 

Manufacturers  of  the 

Walsh  Steel  Back 

Brake  Shoe 
Grey  Iron  Castings 

Missouri  fi?  Illinois 
Coal  Co. 

Miners  of 

Illinois  Coal 

ROCK  ISLAND,  ILL. 

OFFICE  TELEPHONE  WEST  166 

Works  at 

EAST   ROCK   ISLAND 

TELEPHONE  EAST  33W2 

Office   407   North  Broadway 
ST.  LOUIS             -            -             MO. 

H    ELLIOT,   President  and  Treas. 


nnnnnnnn 


W.  H.  ELLIOT,  VIce-Pres.  and  Sec'y 


Lf  u  u  a  D  U  .U  u  u  u 

ELLIOT  FROG  &  SWITCH  CO., 


BOLTED     FROa 


EAST  ST.  I,OUIS,  11,1. 


"EUREKA"     SPRING     RAIL     FROG 


0. 

> 

< 

(0 


ELLIOT 
Frog  and 
Switch  Co. 

East  St.  Louis,  Illinois 


STEEL    CLAMP    FROG 


I     Manufacturers   of  Elliot's   Patent 
t  Steel    Rail     Frogs   and    Crossings, 
5  Split  Switches,  Lap  and  Stub 
Switches,     Switch     Stands,     Bridle 
Rods,    Head    Chairs,    Rail    Braces, 
Replacing    Frogs    and    Every    De- 
HIGH   MAIN  LINE  ^°'"'P*'°"    °^    Railroad    Iron   Work. 

STAND  OFFICE    AT  WORKS 


1502 


Xatioxal  Association  of  Railway  Commissioners 


U.  S.  Metal  and  Manufacturing  Co. 

RAILWAY  SUPPLIES 

165  BROADWAY.  NEW  YORK  CITY 


General  Eastern  Agents  for 

Hutchins  Car  Roofing  Company 

St.  Louis  Surfacer  and  Paint  Company 

Selling  Agents  for 


Dunham  Hopper  Doors 
Feasible  Drop  Brake  Stafi 
Wolfe  Automatic   Rail  Joint  Lock 
Columbia  Lock  Nuts 
"GALCO."  Artificial  Lumber 


Empire    Pressed   Steel  Truck  Bolster 
Diamond  Tapered  Steel  Pole 
Malleable  Iron  Brake  Jaws 
Car  Varnishes 
"Texoderm" 


Toof  Steel  Pinions  and  Gears 


SULZBERGER     &     SONS      COMPANY,      Chicago  -  New  York  ■  Kan.a.  City  -  OkUhon„a 


National  Association  of  Railway  Commissioners 


1503 


DONK  Bros.  Coal  &  Coke  Co. 

MINERS  AND  SHIPPERS  OF  ILLINOIS  COALS 


Mines  located  at 

DONKVILLE    :        : 
MARYVILLE    : 
TROY        :        :        : 

ILL. 
ILL. 
ILL. 

Capacity  of 
Mines 

6,000  Tons 

Daily 

Capacity  of 
Washers 

2,000  Tons 

Daily 

For  Western  business  Donk's  Domestic,  in 
lump,  egg  and  nut  sizes,  is  unexcelled. 
We  handle  the  Lehigh  Valley  Coal  Co.'s 
anthracite  coal. 

Special  attention  given  to  shipments|^of 
blacksmithing  coal  and  Furnace,  Foundry 
and  Gas  House  Coke. 


OFFICES 


Stock  Exchange  Bldg.,  St.  Louis,  Mo. 


314  North  Fourth  Street 


1504 


National  Association  of  Railway  Commissioners 


Union  Spring  &  Manufacturing  Co. 

Coil  Springs,  Elliptic  Springs,  Steel  Castings, 
Pressed  Steel  Spring  Plates  and 
Pressed  Steel  Journal  Box  Lids. 

Kensington  Journal  Box — All  Steel 

GENERAL  OFFICES:    OLIVER  BUILDING,  PITTSBURGH.  PA. 


50  Church  Street,  New  York,  N.  Y.      709  Fisher  Building,  Chicago,  III.      Misiouri  Trust  Building.  St.  Louis,  Mo. 

American  National  Bank  Building,  Richmond,  Va. 


BLAKE  SELECTORS 

for  telephone  train  dispatching 
Prevent  Accidents 


Train  order  signals  under  control  of  dispatcher. 

WRITE  NOW  FOR  FURTHER  INFORMATION 

BLAKE  SIGNAL  &  MFG.  CO.,     BOSTON,  MASS. 


National  Association  of  Eailway  Commissioners 


1505 


1506 


National  Association  of  Railway  Commissioners 


MOUNT  OLIVE  AND 
STAUNTON  COAL  CO. 

Proprietors  Mines  I  and  2 
STAUNTON,  ILL. 


CAPACITY 
5,000  Tons  Daily 


302  Houser  Building 

ST.  LOUIS,  no. 


TELEPHONES 
Main  4648  Central  2626 


J.  B.  KREIKEMEIER, 
Frs'I  i  Qta't  Hgr. 


MISSISSIPPI  VALLEY 

FUEL  CO. 


MISSISSIPPI  VAtLtr 


HIGH  GRADE  COAL  AND  COKE 


ST.  LOUIS 


PCTTXBONB  MuiiLXKENaCo. 

725  Marquette  Building 

Ghxcaoo 


National  Association  of  TLmlway  Commissioners 


1507 


Railway  Equipment  Co. 


General  Olfices:  MISSOURI  TRUST  BLOG.,  ST.  LOUIS.  MO. 


LOUIS  A.  HOERR.  President 


CAMPBELL.  Gen.  Sales  Agent 


Republic  Friction  Draft  Gear 

Acme  Automatic  Brake  Slack  Adjuster 

Combination  Lug  and  Follower  Casting 

Interchangeable  Door 

Western  Flush  Car  Door 

Slack  Adjuster 

Downing  Card  Holder 

Linstrom  Non-Freezing  Suction  Pipe 

Acme  Pipe  Clamps 

Western  Sill  Pockets 

St.  Louis  Door 

Missouri  Door 

Linstrom  Eccentric 

Hoerr  Fish  Hook  Tie  Plates 

Western  Brake  Jaws 

Western  Brake  Jaw  Pins 

Western  Angle  Cock  Holder 

Western  Tie  Dating  Nails 

Western  Bell  Ringer 

Security  Dust  Guards 


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JAN    4  19261 


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UNIVERSITY  OF  CAUFORNIA  UBRARY 


